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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 

Rprlcsnirp.  * 

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  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.  Notwithstanding  the  provisions  of  section 
fifty-one  of  chapter  thirty  of  the  General  Laws,  or  any  other 
provision  of  law,  the  state  purchasing  agent  is  hereby  au- 
thorized during  the  fiscal  year  nineteen  hundred  and  fifty- 
five  to  incur  liabilities  and  incidental  expenses  for  the 
purchase  of  supplies,  as  provided  by  said  section  fifty-one, 
including  material  to  be  disposed  of  as  surplus,  so  called,  by 
the  federal  government  through  agencies  of  the  federal 
government,  in  an  amount  not  exceeding  three  hundred  and 
fifty  thousand  dollars,  in  addition  to  any  amount  heretofore 
provided  for  the  purpose,  and  the  comptroller  may  certify 
for  payment  such  incidental  expenses  and  liabilities  so  in- 
curred to  an  amount  not  exceeding  three  hundred  and  fifty 
thousand  dollars,  in  addition  to  any  amount  heretofore 
provided  for  the  purpose. 

Section  10.  No  agency  of  the  commonwealth  receiving 
an  appropriation  under  section  two  of  this  act  shall  make 
any  expenditure  for  any  document  regularly  printed,  mimeo- 
graphed or  prepared  in  any  other  way,  whether  for  outside 
or  interdepartmental  circulation  unless  publication  of  such 
document  shall  have  been  approved  by  the  state  purchasing 
agent. 

Section  11.  For  the  cost  of  meeting  deficiencies  arising 
in  appropriation  accounts  as  a  result  of  salary  adjustments 
authorized  by  law,  the  sum  of  one  hundred  thousand  dollars 
is  hereby  appropriated.  The  governor,  upon  the  recom- 
mendation of  the  commission  on  administration  and  finance, 
is  hereby  authorized  to  transfer  from  said  sum  to  items  of 
appropriation  for  the  fiscal  year  nineteen  hundred  and  fifty- 
five,  which  are  available  in  whole  or  in  part  for  personal 
services,  such  amounts  as  are  necessary  to  meet  said  salary 
adjustments,  to  be  in  addition  to  amounts  appropriated  to 
said  items  of  appropriation  in  section  two  of  this  act;  and 
the  governor,  upon  the  recommendation  of  the  commission 
on  administration  and  finance,  is  further  authorized  to 
allocate  such  transfers  to  the  several  state  or  other  funds 
to  which  such  items  of  appropriation  are  charged. 


378  Acts,  1954.  —  Chap.  453. 

Section  12.  The  wages  paid  to  blind  workers  by  the 
division  of  the  blind  in  the  department  of  education,  as 
provided  by  section  fourteen  of  chapter  sixty-nine  of  the 
General  Laws,  shall  be  increased  over  the  rate  paid  June 
thirtieth,  nineteen  hundred  and  fifty-four,  at  a  rate  of  one 
hundred  and  fifty-four  dollars  per  annum  beginning  July 
first,  nineteen  hundred  and  fifty-four. 

Section  13.  As  of  June  thirtieth,  nineteen  hundred  and 
fifty-four,  the  comptroller  is  authorized  to  transfer  from  the 
General  Fund  to  the  Veterans'  Services  Fund  the  sum  of 
three  million  four  hundred  and  fifty  thousand  dollars. 

Section  14.  As  of  June  thirtieth,  nineteen  hundred  and 
fifty-five,  the  comptroller  shall  charge  the  surplus  account 
of  the  General  Fund  with  the  amounts  of  the  deficits  in  the 
Port  of  Boston  Fund  and  the  Old  Age  Assistance  Fund. 

Section  15.  The  effective  date  of  the  appropriation 
accounts,  subsidiary  accounts  and  authorizations  in  section 
two  of  this  act  shall  be  July  first,  nineteen  hundred  and 
fifty-four.  However,  beginning  June  first,  nineteen  hundred 
and  fifty-four,  obligations  may  be  incurred  against  these 
appropriation  accounts  or  subsidiary  accounts,  if  any,  there- 
under, for  items  to  be  delivered  or  for  services  to  be  rendered 
on  and  after  July  first,  nineteen  hundred  and  fifty-four; 
provided,  they  are  in  accordance  with  law  and  the  amounts 
thereof  do  not  exceed  the  amount  of  the  appropriation  ac- 
count or  subsidiary  account.  Where  the  allotment  of  an 
appropriation  account  or  subsidiary  account  is  a  condition 
precedent  to  expenditure,  the  obligations  shall  not  exceed 
the  amount  allotted  for  said  appropriation  account  or  sub- 
sidiary account.  The  certified  copies  of  the  schedules  as 
provided  for  in  section  twenty-seven  of  chapter  twenty-nine 
of  the  General  Laws  shall  be  filed  with  the  comptroller  and 
the  budget  commissioner  to  permit  the  effective  operation 
of  this  section  on  June  first,  nineteen  hundred  and  fifty-four. 
Where  the  allotment  of  an  appropriation  account  or  sub- 
sidiary account  is  required  by  law,  allotments  shall  be  made 
to  permit  the  effective  operation  of  this  section  on  June 
first,  nineteen  hundred  and  fifty-four. 

Section  16.  The  budget  commissioner  is  hereby  directed 
to  send  a  copy  of  sections  three  to  seventeen,  inclusive,  of 
this  act  to  each  departmental,  divisional  and  institutional 
head  immediately  following  the  passage  of  this  act. 

Section  17.  Sections  one  to  twelve  of  this  act  shall  take 
effect  on  July  first,  nineteen  hundred  and  fifty-four;  sec- 
tions thirteen  to  sixteen  shall  take  effect  upon  the  passage 
of  this  act.  Approved  May  20,  1954. 


Acts,  1954.  —  Chap.  454.  379 

An  Act  providing  a  penalty  for  the  refusal  by  a  wit-  Qfidj)  454 

NESS  to  appear,  TESTIFY  OR  PRODUCE  PAPERS  BEFORE 
THE  GENERAL  COURT  OR  EITHER  BRANCH  THEREOF  OR 
BEFORE  COMMITTEES  OR  COMMISSIONS  ACTING  UNDER  AU- 
THORITY  THEREOF. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^^f^^k*'*' 
to  defeat  its  purpose,  which  is  to  provide  forthwith  a  penalty 
for  the  refusal  by  a  witness  to  appear,  testify  or  produce 
papers  before  the  general  court  or  either  branch  thereof  or 
before  committees  or  commissions  acting  under  authority 
thereof,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  3  of  the  General  Laws  is  hereby  amended  by  o.  l.  (Ter. 
inserting  after  section  28,  as  appearing  in  the  Tercentenary  f  28A^kddId. 
Edition,  the  following  section:  —  Section  28A.  Any  person  Penalty  for 
who,  having  been  summoned  as  a  witness  to  give  testimony  appfaior 
or  produce  papers,  by  the  authority  of  either  branch  of  the  testify  before 
general  court,  or  both  jointly,  or  under  any  provision  of  orTommitt^es 
law,  upon  any  matter  under  inquiry  before  either  branch,  *^^'"«^°^- 
or  before  any  committee  of  either  branch,  or  before  any 
joint  or  special  committee  or  special  commission  consisting 
in  whole  or  in  part  of  members  of  the  general  court,  wilfully 
makes  default  or  who,  having  appeared,  refuses  without 
constitutional  right,  to  answer  under  oath  or  affirmation  any 
question  pertinent  to  the  question  under  inquiry  shall  be 
deemed  guilty  of  a  misdemeanor  punishable  by  a  fine  of  not 
less  than  one  hundred  dollars  nor  more  than  one  thousand 
dollars,  or  imprisonment  for  not  less  than  thirty  days  nor 
more  than  one  year,  or  both.  If  such  refusal  is  before  the 
general  court  or  either  branch  thereof,  no  prosecution  shall 
be  started  until  an  order  therefor  setting  forth  the  facts 
constituting  such  failure  or  refusal  is  adopted  and  certified 
to  the  attorney  general  or  to  the  appropriate  district  attor- 
ney. If  such  refusal  is  before  a  committee  or  commission,  no 
prosecution  shall  be  started  until  such  committee  or  com- 
mission makes  a  report  thereof  to  the  general  court  or  either 
branch  and  an  order  therefor  setting  forth  the  facts  consti- 
tuting such  failure  or  refusal  is  adopted  and  certified  to  the 
attorney  general  or  to  the  appropriate  district  attorney. 
When  such  order  is  adopted  by  the  general  court,  such 
certification  shall  be  made  by  the  clerk  of  the  senate  and 
when  adopted  by  either  branch  thereof  such  certification 
shall  be  made  by  the  clerk  of  such  branch.  Upon  receipt 
of  such  certification  the  attorney  general  or  the  said  district 
attorney  shall  present  the  matter  to  the  grand  jury  for  its 
action.  The  provisions  of  this  section  shall  be  in  addition 
to  any  constitutional  power  of  the  general  court  or  either 
branch  thereof  to  punish  for  contempt. 

Approved  May  20,  1954. 


380 


Acts,  1954. —Chaps.  455,  456. 


G.  L.  (Ter. 
Ed.),  123, 
i  39 A,  etc., 
amended. 


Disposition  of 
unclaimed 
funds  of  cer- 
tain patients, 
regulated. 


ChapA56  An  Act  relative  to  disposition  of  unclaimed  funds  of 

PATIENTS    WHO     HAVE    DIED     IN    STATE    MENTAL    INSTITU- 
TIONS. 

Be  it  enacted,  etc.,  as  follows: 

The  first  sentence  of  section  39A  of  chapter  123  of  the 
General  Laws,  as  amended  by  section  2  of  chapter  291  of 
the  acts  of  1936,  is  hereby  further  amended  by  inserting 
after  the  word  "department",  in  line  5,  the  words:  — ,  and 
such  funds  amounting  to  less  than  one  hundred  dollars 
belonging  to  patients  who  have  died,  —  so  as  to  read  as 
follows:  —  So  much  of  any  funds  known  as  "Patients' 
Funds"  as  represents  monies  belonging  to,  or  deposited  for 
the  benefit  of,  patients  who  have  been  discharged  or  have 
escaped  from  any  state  hospital  or  from  the  custody  of  the 
department,  and  such  funds  amounting  to  less  than  one 
hundred  dollars  belonging  to  patients  who  have  died,  which 
shall  have  remained  unclaimed  for  more  than  seven  years, 
shall  be  paid  by  the  superintendent  of  such  state  hospital 
or  by  the  commissioner  to  the  state  treasurer  to  be  held 
subject  to  be  paid  to  the  person  establishing  a  lawful  right 
thereto,  with  interest  at  the  rate  of  three  per  cent  per  annum 
from  the  time  when  it  was  so  paid  to  the  state  treasurer  to 
the  time  when  it  is  paid  by  him  to  such  person;  provided, 
that  so  much  of  any  monies  so  paid  to  the  state  treasurer  as 
may  be  necessary  to  reimburse  the  department  for  any  sum 
due  for  the  support  of  the  person  by  whom,  or  for  whose 
benefit,  such  money  was  originally  deposited,  shall  be  credited 
to  the  department  for  that  purpose. 

Approved  May  SO,  1954.. 


ChapA66  An  Act  relating  to  the  payments  to  be  made  by  the 

TOWN  of  FRAMINGHAM   ON  ACCOUNT  OF  ITS  ADMISSION  TO 
THE  SOUTH  METROPOLITAN  SEWERAGE  DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  527  of  the  acts  of  1951  is  hereby 
amended  by  striking  out  section  6  and  inserting  in  place 
thereof  the  following  section:  —  Section  6.  The  town  of 
Framingham  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  Sewer- 
age Loan-South  System,  Serial  Bond  Redemption  account 
to  be  used  for  reduction  of  current  assessments  such  propor- 
tion 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  south  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 
by  the  purposes  of  apportionment  of  assessments.  Such 
proportion  shall  be  determined  by  the  commission  and  shall 


Acts,  1954. —  Chap.  457  381 

5e  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  dis- 
trict and  for  the  payment  thereof  shall  add  one  twentieth 
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  twenty 
years  next  succeeding.  No  assessment  on  account  of  the 
admission  of  said  town  to  the  afoiesaid  district  or  on  account 
of  the  cost  of  maintenance  and  operation  of  the  aforesaid 
district  shall  be  made  upon  said  town  until  the  commission 
shall  have  certified  to  said  town  that  the  work  herein  pro- 
vided for  has  been  so  far  completed  as  to  furnish  an  outlet 
to  receive  sewage  from  said  town. 

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

Approved  May  21,  1954. 

An    Act   relative   to   sporting,    hunting,    fishing   or  ChapA57 

TRAPPING   LICENSES    ISSUED   TO    CERTAIN   MINORS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  131  of  the  General  Laws  is  hereby  o.  l.  (Ter. 
amended  by  striking  out  section  7,  as  appearing  in  section  ^to'^'amiA<fed 
2  of  chapter  599  of  the  acts  of  1941,  and  inserting  in  place 
thereof  the  following  section :  —  Section  7.  No  sporting,  issuance  of 
hunting,  fishing  or  trapping  license  shall  be  granted  to  a  trappk.|°' 
minor  under  the  age  of  fifteen,  nor,  except  as  hereinafter  licenses  to 
provided,  shall  a  sporting,  hunting  or  trapping  license  be  regulL'teT"""' 
granted  to  a  minor  between  the  ages  of  fifteen  and  eighteen 
years,  but  the  director  or  any  city  or  town  clerk  may  issue  a 
fishing  or  trapping  license  to  any  minor  between  the  ages  of 
fifteen  and  eighteen  if  such  minor  has  been  a  resident  of  this 
commonwealth  for  at  least  six  months  and  is  a  citizen  of  the 
United  States,  or  a  fishing  Ucense  to  a  non-resident  minor 
between  the  ages  of  fifteen  and  eighteen  if  such  minor  is  a 
citizen  of  the  United  States.  The  director  or  any  city  or 
town  clerk  shall  issue  a  hunting  or  sporting  license  to  any 
minor  between  the  ages  of  fifteen  and  eighteen  years  who 
presents  to  the  person  authorized  to  issue  such  license  (a)  a 
written  statement  that  at  all  times  when  hunting  or  target 
practicing  other  than  on  a  duly  recognized  range  said  minor 
shall  be  accompanied  by  a  person  twenty-one  years  of  age 
or  older;  (6)  evidence  that  said  minor  has  held  a  Ucense 
authorizing  him  to  hunt  in  the  state  in  a  prior  year ;  (c)  or  a 
certificate  of  competency  as  provided  in  this  section,  if  such 
minor  has  been  a  resident  of  this  commonwealth  for  at  least 
six  months  and  is  a  citizen  of  the  United  States.  Every 
application  for  a  license  hereunder,  except  a  fishing  license, 
from  a  minor  between  the  ages  of  fifteen  and  eighteen  years, 
shall  be  in  writing  and  shall  be  accompanied  by  the  written 
consent  thereto  of  the  parent  or  guardian,  which  shall  be 
preserved  for  one  year  by  the  city  or  town  clerk  or  the 
director,  as  the  case  may  be. 


382  Acts,  1954.  — Chap.  458. 

The  board  of  natural  resources,  acting  through  the  divt- 
sion  of  law  enforcement,  is  authorized  to  provide  for  minors 
between  the  ages  of  fifteen  and  eighteen  years  who  have 
written  approval  of  a  parent  or  guardian,  a  course  of  in- 
struction in  the  safe  handling  of  firearms,  and  for  that  pur- 
pose may  co-operate  with  any  or  all  departments  or  divisions 
of  the  commonwealth  or  any  of  its  subdivisions,  associations 
or  organizations.  Upon  the  successful  completion  of  such 
course  of  instruction,  such  minors  shall  receive  a  certificate 
of  competency  in  the  safe  handling  of  firearms. 

Nothing  in  this  section  or  any  other  provision  of  law  shall 
prohibit  any  minor  from  participating  in  target  practice  on 
any  duly  recognized  range;  provided,  however,  that  such 
target  practice  is  conducted  under  adult  supervision. 

Nothing  in  this  section  or  any  othei'  provision  of  law  shall 
prohibit  a  minor  between  the  ages  of  twelve  and  fifteen 
years  from  participating  in  the  hunting  of  birds  and  mam- 
mals when  accompanied  by  a  duly  licensed  adult;  provided, 
that  the  bag  limit  established  by  law  or  regulation  for  one 
person  shall  not  be  exceeded;  and  provided,  further,  that 
only  one  firearm  shall  be  used  in  such  hunting.  Not  more 
than  one  such  minor  shall  at  any  one  time  accompany  one 
adult,  and  such  minors  shall  not  be  required  to  be  licensed. 

Any  firearm  whether  discharged  by  air,  mechanical  action 
or  otherwise,  used  or  possessed  by  any  minor  who  is  not 
licensed,  or  who  is  not  accompanied  as  provided  in  this 
section,  or  which  is  used  in  violation  of  this  section,  shall  be 
confiscated  by  any  officer  empowered  to  enforce  this  section, 
and  shall  be  disposed  of  by  the  director  of  law  enforcement 
for  the  best  interest  of  the  commonwealth,  after  a  hearing, 
due  notice  of  which  has  been  given. 
Effective  SECTION  2.     This  act  shall  take  effect  on  January  first, 

nineteen  hundred  and  fifty-five.     Approved  May  21,  1954' 

ChapA^S  An  Act  authorizing  the  transfer  of  certain  land  in 

THE  DORCHESTER  DISTRICT  OF  THE  CITY  OF  BOSTON  TO 
THE  METROPOLITAN  DISTRICT  COMMISSION  FOR  PLAY- 
GROUND   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Boston  Housing  Authority,  acting  as 
agent  of  the  city  of  Boston,  pursuant  to  the  provisions  of 
chapter  three  hundred  and  seventy-two  of  the  acts  of  nine- 
teen hundred  and  forty-six,  as  amended,  is  hereby  author- 
ized and  empowered  to  transfer  and  convey,  without  con- 
sideration therefor,  to  the  metropolitan  district  commission, 
any  part  or  parts  of  the  land  on  the  south  side  of  River 
street  in  the  Dorchester  district  of  said  cit^'-,  acquired  and 
held  by  said  city  for  the  purposes  of  veterans'  housing  and 
no  longer  needed  for  such  purposes.  Thereafter  so  much  of 
said  land  as  is  transferred  hereunder  shall  be  devoted  by 
the  metropoHtan  district  commission  to  playground  pur- 
poses. 


Acts,  1954.  —  Chap.  459.  383 

Section  2.    This  act  shall  take  effect  upon  its  acceptance 
by  vote  of  the  metropolitan  district  commission. 

Approved  May  21,  1954- 

An  Act  relative  to  the  local  taxation  of  personal  ChapA59 

PROPERTY   IN    CERTAIN    WAREHOUSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  59  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  2,  as  appearing  in  the  ^mende^d.*  ^' 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following    section :  —  Section  2.      All    property,    real    and  pe^onaf  °^ 
personal,  situated  within  the  commonwealth,  and  all  personal  property  in 
property  of  the  inhabitants  of  the  commonwealth  wherever  warehouses, 
situated,  unless  expressly  exempt,  shall  be  subject  to  taxa-  regulated. 
tion;    provided,  however,  that  the  personal  property  of  a 
person  having  neither  his  domicile  nor  a  place  of  business  in 
this  commonwealth,  which,  upon  its  being  brought  or  shipped 
into  this  commonwealth,  is  forthwith  stored  in  the  original 
packages  in  a  licensed  public  storage  warehouse,  shall,  while 
so  stored,  be  deemed  to  be  in  transit  and  not  subject  to 
taxation  under  this  chapter;    but  no  portion  of  any  ware- 
house which  portion  is  owned  or  leased  by  a  consignor  or 
consignee  of  the  personal  property  stored  shall  be  deemed 
a  hcensed  public  storage  warehouse. 

Section  2.  Section  33  of  said  chapter  59,  as  amended  Edo.' ssil'ss, 
by  section  35  of  chapter  254  of  the  acts  of  1933,  is  hereby  etc!,  amended'. 
further  amended  by  striking  out  the  first  sentence  and  in- 
serting in  place  thereof  the  following  sentence :  —  All  persons  Same 
engaged  in  the  business  of  storing  or  keeping  merchandise  ^"  ^^*'*' 
in  storage  warehouses  shall,  within  ten  days  after  request 
therefor  by  the  assessors  of  the  town  where  said  property  is  so 
stored  or  kept,  permit  said  assessors  to  copy  from  their 
records  a  list  of  the  names  and  addresses  of  all  persons  who 
appear,  on  January  first  in  such  year,  to  have  any  such 
property  stored  or  kept  in  any  such  warehouse,  except 
domestic  business  corporations  and  foreign  corporations  as 
respectively  defined  in  section  thirty  of  chapter  sixty-three, 
and  domestic  manufacturing  corporations  and  foreign  manu- 
facturing corporations  as  respectively  defined  in  sections 
thirty-eight  C  and  forty-two  B  of  said  chapter;  but  such 
persons  shall  not  be  required  to  furnish  lists  of  persons 
having  property  stored  in  warehouses  which  is  composed  of 
imported  goods  in  the  original  packages  owned  by  the  im- 
porter, or  of  goods  that  have  been  received  for  export  trade 
or  of  property  which  is  deemed  to  be  in  transit  under  section 
two.  Approved  May  21,  1954. 


384 


Acts,  1954. —  Chaps.  460,  461. 


G.  L.  (Ter. 
Ed.),  59,  §23C, 
etc.,  amended. 


Determination 
of  school 
tax  rntes, 
regulated. 


ChapAQO  An  Act  relative  to  the  determination  of  school  tax 

RATES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  23C  of  chapter  59  of  the  General 
Laws,  inserted  by  section  1  of  chapter  578  of  the  acts  of 
1952,  is  hereby  amended  by  striking  out  the  first  paragraph 
and  inserting  in  place  thereof  the  following  paragraph:  — 
The  assessors  shall  annually  determine  the  school  tax  rate 
and  the  general  tax  rate  of  the  town  in  the  manner  herein- 
after provided,  and  shall  certify  the  same  to  the  collector 
for  inclusion  in  the  tax  bill  or  notice  in  accordance  with  the 
provisions  of  section  three  A  of  chapter  sixty.  For  such 
purpose  the  assessors  shall  first  determine  the  school  assess- 
ment by  deducting  from  total  school  appropriations  the 
estimated  amount  of  school  income  together  with  the  school 
percentage  of  estimated  general  receipts  and  by  adding  to  the 
amount  then  remaining  the  school  percentage  of  any  overlay 
for  abatements.  The  school  tax  rate  shall  then  be  computed 
by  the  assessors  by  dividing  such  school  assessment  by  the 
total  valuation  of  real  and  personal  property  in  thousands 
of  dollars.  The  general  tax  rate  shall  be  determined  by 
deducting  the  school  tax  rate  from  the  total  tax  rate  as 
determined  under  the  provisions  of  this  chapter.  The  school 
committee  and  the  town  accountant,  auditor  or  other  officer 
having  similar  duties,  shall,  on  request  of  the  assessors, 
furnish  such  information  as  may  be  required  for  the  purposes 
of  this  section. 

Section  2.  Said  section  23C  of  said  chapter  59  is  hereby 
further  amended  by  adding  at  the  end  the  following  defi- 
nition :  — 

"School  percentage"  shall  mean  the  proportion  that  total 
school  appropriations  bear  to  the  gross  amount  to  be  raised, 
as  determined  by  the  assessors  in  computing  the  total  tax 
rate,  after  deducting  from  such  gross  amount  (a)  the  overlay 
for  abatements,  and  (6)  any  appropriations  for  public  service 
enterprises  and  the  service  of  any  outstanding  indebtedness 
incurred  therefor.  Approved  May  21,  1954. 


G.  L.  (Ter. 
Ed.),  59.  5  230, 
etc.,  further 
amended. 

"School 

percentage", 

defined. 


Chap.4iQl  An  Act  relative  to  certain  notices  in  connection 

WITH  THE  TRANSFER  OF  ASSETS  OF  CERTAIN  BUSINESS 
CORPORATIONS  AND  TO  ESTABLISH  A  LIEN  FOR  CORPORATION 
TAXES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1,  Chapter  G3  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  76,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  section:  —  Section  76.  At  least  five  days  prior 
to  the  sale  or  transfer,  otherwise  than  in  the  ordinary  course 
of  business,  of  all  or  substantially  all  of  the  assets  situated 
in  the  commonwealth  of  a  domestic  or  foreign  business 


G.  L.  (Ter. 
Ed.).  63    §  76, 
amended. 


Acts,  1954.  —  Chap.  461.  385 

corporation,  except  in  cases  where  a  waiver  shall  be  given 
as  hereinafter  provided,  the  corporation  or  any  person  in 
interest  shall  file  a  return  notifying  the  commissioner  in 
writing  of  the  proposed  sale  or  transfer,  and  of  the  price, 
terms  and  conditions  thereof,  and  of  the  character  and  loca- 
tion of  the  assets  and  cause  to  be  filed  with  the  commi'^sioner 
all  such  tax  returns  as  may  be  necessary  to  determine  the 
taxes  due  and  to  become  due  and  payable  under  this  chapter 
to  the  commonwealth  to  and  including  the  date  of  such  sale 
or  transfer,  and  shall  pay  to  the  commonwealth  all  such 
taxes  owing  to  said  date  of  sale  or  transfer.  At  the  time  of 
any  such  sale  or  transfer,  except  in  cases  where  a  waiver 
shall  have  been  given,  the  tax  imposed  by  this  chapter  shall 
thereupon  become  due  and  payable.  In  the  event  of  a  Lien  for 
failure  to  notify  the  commissioner  and  so  to  file  such  return  estabUahed!^' 
or  returns  and  pay  such  taxes  at  or  before  the  time  of  such 
sale  or  transfer,  the  commonwealth  shall  have  for  its  exclu- 
sive benefit  a  hen  upon  all  of  the  assets  of  the  corporation 
in  the  commonwealth  effective  immediately  prior  to  such 
sale  or  transfer  to  the  extent  necessary  to  satisfy  said  taxes. 
Said  lien  shall  terminate  not  later  than  three  years  after  the 
date  of  said  sale  or  transfer  and  until  such  termination  may 
be  enforced  under  and  in  accordance  with  the  provisions 
of  chapter  two  hundred  and  fifty -four  in  the  case  of  real 
estate  and  section  seventy-two  of  this  chapter  in  the  case  of 
personal  property,  but  the  ten-day  notice  required  in  said 
section  seventy-two  shall  not  be  applicable  to  this  section. 
Prior  to  the  date  of  such  sale  or  transfer  the  commissioner, 
and  after  such  date,  the  commission,  may  waive  such  hen 
and  any  or  all  of  the  other  requirements  of  this  section. 
Such  waiver  shall  be  in  writing  and  shall  constitute  final 
and  conclusive  evidence  as  to  any  person  other  than  the 
corporation  that  said  lien  has  not  arisen  or  has  terminated, 
and  it  may  be  recorded  with  the  appropriate  register  of 
deeds  or  city  or  town  clerk  as  the  case  may  be,  and  the  said 
register,  city  or  town  clerk  shall  receive  the  same  upon  the 
payment  of  the  fee  prescribed  by  law.  This  section  shall 
not  apply  to  sales  or  transfers  by  receivers,  assignees  under 
a  voluntary  assignment  for  the  benefit  of  creditors,  trustees 
in  bankruptcy,  or  public  officers  acting  under  judicial  process. 
This  section  shall  apply  to  transfers  hereafter  made  as 
security  for  the  performance  of  an  obligation  which  is  not 
incurred  in  good  faith  by  the  coTporation  for  the  purposes  of 
its  business  but  otherwise  shall  not  apply  to  transfers  by 
way  of  security. 

Section  2.    Section  5  of  chapter  254  of  the  General  Laws,  g.  l.  (Ter. 
as  so  appearing,  is  hereby  amended  by  inserting  after  the  amended.' ^^' 
word  "structure",  in  fine  2,  the  words:  —  or  to  enforce  a 
lien  established  under  section  seventy-six  of  chapter  sixty- 
three, —  so  as  to  read  as  follows:  —  Section  5.     All  P^'o- ^f°/.e„°b°^°* 
ceedings  to  enforce  a  hen  upon  land  for  the  erection,  alter-  bin  in  equity 
ation,  repair  or  removal  of  a  building  or  other  structure  or  court^ai-' 
to  enforce  a  lien  established  under  section  seventy-six  of  thonzed. 


386 


Acts,  1954.  — Chap.  461. 


Certain 
corporate 
sales  and 
transfers, 
validated. 


Fees  for 
certification. 


Effective 
date. 


chapter  sixty-three,  shall  be  begun  by  bill  in  equity  filed  in 
the  superior  court  for  the  county  where  the  land  Ues.  The 
petitioner  shall  bring  his  bill  in  his  own  behalf  and  in  behalf 
of  all  other  persons  in  interest  who  shall  become  parties. 
The  subpoena  shall  be  returnable  not  more  than  sixty  days 
subsequent  to  the  entry  of  the  bill  and  shall  contain  a  brief 
description  of  the  property,  sufficient  to  identify  it,  and  a 
statement  of  the  amount  alleged  to  be  due.  An  attested 
copy  thereof  shall  be  filed  in  the  registry  of  deeds  and 
recorded  as  provided  in  section  nine.  All  other  parties  in 
interest  may  appear  and  have  their  rights  determined  in 
such  bill,  and  at  any  time  before  a  final  decree,  upon  the 
suggestion  of  any  party  in  interest  that  any  other  person  is 
or  may  be  interested  in  the  suit,  or  of  its  own  motion,  the 
court  may  issue  a  subpoena  to  such  person,  or  a  precept 
directing  him  to  appear  in  said  cause  on  or  before  a  day 
certain  or  be  forever  barred  from  any  rights  thereunder. 
The  court  may  in  its  discretion  provide  for  notice  to  absent 
parties  in  interest.  The  terms  "party  in  interest"  and 
"person  in  interest",  as  used  in  this  chapter,  shall  include 
mortgagees  and  attaching  creditors. 

Section  3.  Notwithstanding  any  provision  of  section 
seventy-six  of  chapter  sixty-three  of  the  General  Laws  in 
efi'ect  immediately  prior  to  September  first,  nineteen  hundred 
and  fifty-four,  all  sales  and  transfers  made  by  corporations 
prior  to  January  first,  nineteen  hundred  and  fifty,  and  all 
sales  and  transfers  made  after  December  thirty-first,  nine- 
teen hundred  and  forty-nine  and  prior  to  September  first, 
nineteen  hundred  and  fifty-four  by  corporations  which 
have  paid  in  full  all  taxes  due  under  said  chapter  sLxty* 
three  for  the  year  in  which  each  such  sale  or  transfer  was 
made  and  for  all  prior  years,  are  hereby  declared  to  be  vaUd 
and  binding  against  the  commonwealth  and  all  other  sales 
and  transfers  made  by  corporations  after  December  thirty- 
first,  nineteen  hundred  and  forty-nine  and  prior  to  Septem- 
ber first,  nineteen  hundred  and  fifty-four  will  be  valid  and 
binding  against  the  commonwealth  when  all  such  taxes 
have  been  paid  in  full.  The  commissioner  shall,  on  written 
application  by  any  person,  and  upon  payment  of  all  such 
taxes,  furnish  to  such  applicant  a  certificate  that  no  taxes 
imposed  upon  the  corporation  by  said  chapter  sixty  three 
for  a  stated  year  and  any  prior  year  remain  unpaid  upon 
his  records  at  the  date  of  the  certificate.  Such  certificate 
shall  be  conclusive  evidence,  for  the  purposes  of  this  section. 
The  commissioner  shall  charge  two  dollars  for  each  certificate 
so  issued,  and  the  money  so  received  shall  be  paid  into  the 
treasury  of  the  commonwealth.  Such  a  certificate  may  be 
recorded  with  the  appropriate  register  of  deeds  or  city  or 
town  clerk  as  the  case  may  be,  and  the  said  register,  city  or 
town  clerk  shall  receive  the  same  upon  the  payment  of  the 
fee  prescribed  by  law. 

Section  4.  This  act  shall  take  effect  on  September  first, 
nineteen  hundred  and  fifty-four.    Approved  May  Bl,  1954> 


Acts,  1954.  —  Chap.  462.  387 

An   Act    providing    for   the    reconstruction    of   the  (7/iai>.462 

CLINTON    sewage    DISPOSAL   WORKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission  shall, 
before  the  first  day  of  April,  nineteen  hundred  and  fifty-five, 
begin  the  construction  of  a  modern  plant  to  replace  the 
existing  works  now  serving  the  town  of  Clinton.  Plans  for 
construction  of  said  sewage  treatment  works  must  be  ap- 
proved by  the  department  of  public  health  of  the  common-, 
wealth  before  said  construction  shall  begin.  Said  metropoli- 
tan district  commission  is  hereby  empowered  to  take  or 
acquire  bj'  purchase  or  otherwise  any  land,  water  rights, 
water  privileges,  rights  of  way  or  easements  in  said  town  of 
Clinton  or  the  town  of  Lancaster  necessary  for  the  establish- 
ment of  a  system  of  sewage  disposal.  Said  metropolitan 
district  commission  shall  continue  to  maintain  said  sewage 
disposal  works  upon  their  completion.  For  the  purpose  of 
constructing  said  plant  said  commission  may  expend  such 
sums  as  may  be  necessary  but  not  exceeding  the  amount 
authorized  to  be  borrowed  under  section  three  of  this  act. 

Section  2.  In  the  design  and  construction  of  said  works 
the  metropolitan  district  commission  shall  take  into  con- 
sideration the  sewage  disposal  needs  of  the  town  of  Lancaster. 
Said  metropolitan  district  commission  shall  also  confer 
with  the  Massachusetts  Youth  Service  Board  in  connection 
with  sewage  disposal  problems  of  the  Industrial  School  for 
Girls  in  Lancaster. 

Section  3.  To  meet  the  expenditures  necessary  in  carry- 
ing out  the  provisions  of  this  act,  the  state  treasurer  shall, 
upon  request  of  the  governor  and  council,  issue  and  sell  at 
public  or  private  sale  bonds  of  the  commonwealth,  registered 
or  with  interest  coupons  attached,  as  he  may  deem  best, 
to  an  amount  to  be  specified  by  the  governor  and  council 
from  time  to  time  but  not  exceeding  in  the  aggregate  the 
sum  of  six  hundred  and  fifty  thousand  dollars.  All  bonds 
issued  by  the  commonwealth  as  aforesaid  shall  be  designated 
on  the  face.  Metropolitan  Water  District:  Clinton  Sewage 
Loan,  Act  of  1954,  and  shall  be  on  the  serial  payment  plan 
for  such  maximum  term  of  years  not  exceeding  thirty  years 
from  date  of  issue,  as  the  governor  may  recommend  to  the 
general  court  pursuant  to  section  3  of  Article  LXII  of  the 
Amendments  to  the  Constitution  of  the  commonwealth,  the 
maturities  therefor  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.  Said  bonds 
shall  be  payable  not  earlier  than  July  first,  nineteen  hundred 
and  fifty-four,  nor  later  than  June  thirtieth,  nineteen  hundred 
and  eighty-nine.  All  interest  payments  and  payments  on 
account  of  principal  on  such  obhgations  shall  be  part  of  the 


388  Acts,  1954.  —  Chaps.  463,  464. 

debt  and  expense  of  the  metropolitan  water  district  as  shall 
all  costs  of  future  maintenance  of  said  plant.  Funds  to  be 
appropriated  under  this  act  shall  not  be  subject  to  the  pro- 
visions of  chapter  four  hundred  and  sixty-six  of  the  acts  of 
nineteen  hundred  and  forty-seven. 

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

Approved  May  24,  1964-. 

ChapA63  A.n  Act  relative  to  guaranty  funds  of  co-operative 

BANKS   AND    SAVINGS    BANKS. 

Emergency  Whercas,    The  deferred  operation  of  this  act  would  tend 

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

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  149  of  the  acts  of  1952,  as  amended 
by  chapter  72  of  the  acts  of  1953,  is  hereby  further  amended 
by  striking  out,  in  line  3,  the  word  "fifty-four"  and  inserting 
in  place  thereof  the  word :  —  fifty-five,  —  so  as  to  read  as 
follows:  —  If,  during  the  period  from  January  first,  nineteen 
hundred  and  fifty-two  to  September  first,  nineteen  hundred 
and  fifty-five,  at  any  distribution  date  the  guaranty  fund 
and  surplus  account  together  amount  to  at  least  eleven  per 
cent  of  the  share  liability  of  a  co-operative  bank,  the  transfer 
to  the  guaranty  fund  described  in  the  second  paragraph  of 
section  thirty-eight  of  chapter  one  hundred  and  seventy  of 
the  General  Laws  shall  not  be  required,  provided  an  equiva- 
lent amount  is  transferred  from  the  surplus  account  to  the 
guaranty  fund. 

Section  2.  Chapter  193  of  the  acts  of  1953  is  herebj^ 
amended  by  striking  out  section  3  and  inserting  in  place 
thereof  the  following  section :  —  Section  S.  This  act  shall 
become  inoperative  after  December  first  in  the  year  nineteen 
hundred  and  fifty-five.  Approved  May  24,  1954. 

ChapAQ4:  An  Act  authorizing  agents  and   brokers  to  accept 

PAYMENT  OF  INSURANCE   PREMIUMS  IN  INSTALMENTS,   AND 
TO   FINANCE   INSURANCE   PAYMENTS. 

Emergency  Whcreas,    The  deferred  operation  of  this  act  would  tend 

pream  e.         ^^  defeat  its  purposc  which  is  to  provide  for  financing  the 

payments  for  insurance  premiums  forthwith,  therefore  it  is 

hereby  declared  to  be  an  emergency  law,  necessary  for  the 

immediate  preservation  of  the  pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Ed V*  175''  Chapter  175  of  the  General  Laws  is  hereby  amended  by 

new§i62B,      inserting  after  section  162A,  inserted  by  chapter  629  of  the 
f,,-     ,        acts  of  1947,  the  following  section:  ~  Section  162B.    Insur- 

Instalment  ,111  j  1       <•   • 

financing  of       auce  agents  and  brokers  may  accept  payment  oi  insurance 
premtuM         premiums  in  instalments  to  be  evidenced  by  notes  or  other 

authorized. 


Acts,  1954. —  Chap.  465.  389 

appropriate  instruments  running  from  the  insured  to  the 
agent  or  broker,  under  rates,  charges  and  regulations  estab- 
lished after  public  hearing,  as  equitable  and  non-discrimi- 
natory, by  a  board  comprising  the  attorney  general,  the 
insurance  commissioner  and  the  commissioner  of  banks. 
Each  of  said  members  may  designate  an  employee  in  his 
department,  authorized  in  each  instance,  to  act  as  his  repre- 
sentative on  said  board. 

For  the  purposes  of  financing  insurance  premiums  and  the 
subsequent  sale  or  other  negotiation  of  any  such  note  or 
instrument  to  a  third  party,  insurance  agents  and  brokers 
shall  be  considered  to  be  sellers  of  insurance. 

Approved  May  £4,  1954. 


Cha'pA65 


An  Act  requiring  executors  to  give  certain  notice 
TO  devisees  and  legatees,  and  placing  a  limitation 
ON  actions  to  recover  legacies. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  192  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  11,  as  appearing  in  the  ni'^^'i^^a^' 
Tercentenary  Edition,  the  following  section:  —  Section  12.  added. 
Within  three  months  after  the  allowance  of  a  will  and  the  dl'^3p'eVa°nd 
appointment  and  qualification  of  an  executor,  it  shall  be  the  legatees  by 
duty  of  the  executor  to  notify  by  mail  the  devisees  and  reSeT' 
legatees  named  in  the  will  whose  addresses  are  known  to 
him  that  devises,  legacies  or  bequests  have  been  made  to 
them  and  to  file  in  the  probate  court  an  affidavit  showing 
the  names  of  those  notified  and  the  addresses  to  which 
notices  were  mailed.    In  case  an  administrator  with  the  will 
annexed  is  appointed  he  shall  have  the  same  duty  unless  it 
has  already  been  performed  by  an  executor. 

Section  2.    Chapter  197  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  19,  as  appearing  in  the  ^tlnlll'.  ^  ^^' 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following   section:  —  Section  19.      A   legatee   may   recover  Actions  in 
his  legacy  and  enforce  all  rights  in  respect  to  the  same  by  ®rob7ti"court 
proceedings  in  equity  in  the  probate  court  in  which  the  will  to  recover 
was  proved.    Nothing  in  this  chapter  shall  be  construed  to  L'Shomed.°'' 
limit  the  time  within  which  such  proceedings  may  be  brought 
except  that  the  real  estate  of  the  testator  shall  not  be  hable 
to  be  sold  for  the  payment  of  a  legacy  by  the  executor  or 
other  representative  of  the  estate  either  under  a  power  in 
the  will  or  under  h cense  or  order  of  court  in,  or  as  a  result  of, 
such  a  proceeding  unless  it  is  filed  in  the    probate  court 
within  twenty  years  from  the  testator's  death.     No  action  at 
law  shall  be  brought  against  the  estate  of  the  testator  for 
such  recovery. 

Section  3.     Notwithstanding  the  provisions  of  section  Limitation  on 
two  of  this  act,  in  cases  where  the  testator  died  prior  to  <'"*^^»'^  action. 
December  thirty-first  in  the  year  nineteen  hundred  and 
thirty-five,  a  legatee  shall  have  until  December  thirty-first 


390  Acts,  1954.  —  Chaps.  466,  467. 

in  the  year  nineteen  hundred  and  fifty-five  to  bring  an  action 
in  the  probate  court  in  which  the  will  was  proved  to  recover 
a  legacy  for  the  payment  of  which  real  estate  of  the  testator 
shall  be  hable. 
Effective  SECTION  4.    This  act  shall  take  effect  on  September  first 

of  the  current  year.  Approved  May  24,  1954. 

C/iap. 466  An  Act  providing  for  the  maintenance  of  a  bridge 

OVER   the   CONNECTICUT   RIVER. 

Be  it  enacted,  etc.,  as  follows: 

The  bridge  across  the  Connecticut  river  from  a  point  in 
the  Turners  Falls  section  of  the  town  of  Montague  to  a 
point  on  the  state  highway  in  the  vicinity  of  the  Riverside 
section  of  the  town  of  Gill  shall,  on  and  after  July  first,  nine- 
teen hundred  and  fifty-four,  be  maintained  as  a  public 
highway  by  the  department  of  public  works.  The  county 
commissioners  of  Franklin  county  shall  initiate  the  transfer 
and  shall  transmit  to  said  department  all  records  and  plans 
relative  to  said  bridge.  Upon  the  effective  date  of  this  act, 
said  bridge  shall  be  a  state  highway  with  approach  limits 
to  be  established  b}'-  the  department  of  public  works. 

Approved  May  24,  1964. 

ChapAQ7  An  Act  further  regulating  the  attachment  of  wages 

FOR  PERSONAL  LABOR  AND  SERVICES. 

Be  it  enacted,  etc.,  as  follows: 

Ed)'2iG^'  Section  32  of  chapter  246  of  the  General  Laws  is  hereby 

§  32.' etc'         amended  by  striking  out  paragraph  Eighth,  as  most  recently 
amended.         amended  by  chapter  558  of  the  acts  of  1950,  and  inserting  in 

place  thereof  the  following  paragraph :  — 
Attachment  Eighth,  By  reasou  of  money  or  credits  due  for  the  wages 

for  personal  of  persoual  labor  or  services  of  the  defendant,  unless  such 
ier^'cei!'^  attachment  is  authorized  in  advance  by  written  permission 
restricted.  endorsed  upon  the  writ  and  signed  by  a  justice,  associate 
justice  or  special  justice  of  the  court  in  which  the  action  is 
commenced.  Application  to  said  justice,  associate  justice 
or  special  justice  of  the  court  for  permission  for  said  attach- 
ment shall  be  made  only  after  ten  days'  written  notice  has 
been  delivered  or  sent  by  registered  mail,  return  receipt  re- 
quested, to  the  defendant  at  his  last  known  address,  place 
of  business  or  employment.  Such  notice  shall  contain  the 
name  of  the  plaintiff,  the  name  of  the  court  in  which  the 
action  is  to  be  commenced,  the  nature  of  the  claim,  the  time 
and  place  such  appUcation  will  be  made,  and  shall  inform 
the  defendant  that  he  is  entitled  to  be  present  and  be  heard 
at  said  time  and  place  if  he  objects  to  the  granting  of  said 
appHcation.  A  copy  of  said  notice  and  a  certificate  of  the 
person  sending  or  dehvering  said  notice  shall  be  evidence 
thereof.  Notwithstanding  the  preceding  provisions  relat- 
ing to  notice,  if  said  justice,  associate  justice  or  special  jus- 


Acts,  1954. —Chaps.  468,  469.  391 

tice  finds  in  his  discretion  that  compliance  with  said  pro- 
visions relating  to  notice  will  unreasonably  delay  and  hinder 
justice,  he  may  authorize  the  attachment  with  a  shorter 
notice,  or  without  notice,  to  the  defendant. 

Approved  May  24,  1954. 


An  Act  authorizing  the  division  of  youth  service  to  ChapA68 

SELL   A    PARCEL    OF   LAND   TO   THE   TOWN   OF   BOLTON. 

Be  it  enacted,  etc.,  as  follows: 

Upon  recommendation  of  the  commission  on  adminis- 
tration and  finance,  and  with  the  approval  of  the  governor 
and  council,  the  division  of  youth  service  is  hereby  author- 
ized to  sell  for  town  purposes  to  the  town  of  Bolton,  for  the 
sum  of  one  dollar,  a  parcel  of  land  which  has  been  certified 
by  said  division  to  be  no  longer  necessary  for  its  program. 
Said  land  being  located  in  the  town  of  Bolton  on  the  southerly 
side  of  an  abandoned  road  from  Bolton  to  Lancaster,  and 
the  northerly  side  of  the  road  known  as  Forbush  Mill  road, 
bounded  and  described  as  follows :  —  Beginning  at  a  point 
on  the  northerly  hne  of  said  Forbush  Mill  road,  the  south- 
westerly corner  of  the  lot  of  land  now  or  formerly  of  George 
H.  Brown;  thence  north  12°  42'  east  along  said  Brown  land 
868.4  feet  to  the  southerly  side  of  said  abandoned  road; 
thence  along  said  abandoned  road  north  84°  49'  east  474.7 
feet  to  land  now  or  formerly  of  heirs  of  Michael  Butler; 
thence  along  said  Butler  land  south  12°  36'  west  886.9  feet 
to  the  northerly  hne  of  said  Forbush  Mill  road;  thence  run- 
ning westerly  along  said  Forbush  Mill  road  500  feet  more 
or  less  to  the  place  of  beginning.  Containing  9.6  acres  more 
or  less  and  being  the  second  parcel  described  in  a  deed  by 
Orise  King  to  the  Commonwealth  of  Massachusetts,  dated 
July  21,  1855,  recorded  with  the  Worcester  District  Registry 
of  Deeds,  Book  549,  Page  194  and  being  Lot  B  as  shown  on 
Plan  of  Land  of  the  Commonwealth  of  Massachusetts,  In- 
dustrial School  for  Girls,  Lancaster,  Massachusetts,  dated 
April  1,  1915,  and  surveyed  for  Parker,  Bateman  and  Chase, 
Civil  Engineers.  Said  survey  was  provided  for  by  chapter 
ninety-one  of  the  resolves  of  nineteen  hundred  and  fourteen. 
The  jurisdiction  in  and  over  the  land  described  in  this  act 
shall  revert  to  and  revest  in  the  commonwealth  whenever 
such  land  shall  cease  to  be  used  for  the  purpose  set  forth  in 
this  act.  Approved  May  24,  1964. 


An  Act  establishing  the  cushing  hospital  for  the  care  Chap. 4:^^ 
OF  elderly  persons. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  in  part  is  to  make  immediately  preamble, 
effective  the  provisions  therein  contained  estabUshing  a  hos- 
pital for  the  care  of  elderly  persons,  therefore  it  is  hereby 


392 


Acts,  1954.  —  Chap.  469. 


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


Gushing 
hospital 
added. 


G.  L.  (Ter. 
Ed.),  123, 
§  25,  etc.. 
amended. 


Gushing 
hospital  to 
be  under 
control  of 
department 
of  mental 
health. 


declared  to  be  an  emergency  law,  necessary  for  the  im- 
mediate preservation  of  the  pubUc  health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  mental  health  is  hereby 
authorized  to  accept  on  behalf  of  the  commonwealth  the 
conveyance  of  the  United  States  of  America  subject  to  the 
terms  and  conditions  provided  and  authorized  by  the  Fed- 
eral Property  and  Administrative  Services  Act  of  1949,  as 
amended,  of  all  of  the  right,  title  and  interest  of  the  United 
States  in  and  to  the  property  known  as  Gushing  General 
Hospital,  in  the  town  of  Framingham,  including  lands  of  the 
United  States  and  improvements  thereon. 

Section  2.  There  is  hereby  established  on  the  property 
acquired  under  section  one  of  this  act  for  the  care  and  cus- 
tody of  elderly  persons,  the  Gushing  hospital.  Said  hos- 
pital shall  be  under  the  control  of  the  department  of  mental 
health  and  shall  be  operated  as  a  public  medical  institution 
as  defined  in  section  one  B  of  chapter  one  hundred  and 
eighteen  A  of  the  General  Laws. 

Section  3.  Section  5  of  chapter  19  of  the  General  Laws, 
as  most  recently  amended  by  section  2  of  chapter  684  of  the 
acts  of  1950,  is  hereby  further  amended  by  inserting  after 
the  word  "hospital",  in  line  10,  the  words:  — ,  Gushing 
hospital,  —  so  as  to  read  as  follows :  —  Section  5.  The 
boards  of  trustees  of  the  following  public  institutions  shall 
serve  in  the  department:  Belchertown  state  school,  Boston 
psychopathic  hospital,  Boston  state  hospital,  Danvers  state 
hospital,  Foxborough  state  hospital,  Gardner  state  hospital, 
Grafton  state  hospital,  Walter  E.  Fernald  state  school, 
Medfield  state  hospital,  Metropohtan  state  hospital,  Mon- 
son  state  hospital,  Norfolk  state  hospital,  Northampton 
state  hospital,  Taunton  state  hospital,  Westborough  state 
hospital,  Worcester  state  hospital.  Gushing  hospital,  Myles 
Standish  state  school  and  Wrentham  state  school. 

Section  4.  Section  25  of  chapter  123  of  the  General 
Laws,  as  most  recently  amended  by  section  3  of  chapter 
684  of  the  acts  of  1950,  is  hereby  further  amended  by  insert- 
ing after  the  word  "hospital",  in  hne  10,  the  words:  — 
,  Gushing  hospital,  —  so  as  to  read  as  follows:  —  Section  25. 
The  state  institutions  under  the  control  of  the  department 
shall  be  Worcester  state  hospital,  Taunton  state  hospital, 
Northampton  state  hospital,  Danvers  state  hospital,  Graf- 
ton state  hospital,  Westborough  state  hospital,  Foxborough 
state  ho.spital,  Medfield  state  hospital,  Monson  state  hos- 
pital, Gardner  state  hospital,  Wrentham  state  school,  Bos- 
ton state  hospital,  Walter  E.  Fernald  state  school,  Boston 
psychopathic  hospital,  Belchertown  state  school.  Metro- 
politan state  hospital,  Norfolk  state  hospital.  Gushing  hos- 
pital, Myles  Standish  state  school,  and  such  others  as  may 
hereafter  be  added  by  authority  of  law. 

Section  5.  The  provisions  of  law  relative  to  the  ad- 
mission of  elderly  persons  to,  and  reception,  custody,  care, 


Acts,  1954.  -  Chaps.  470,  471.  393 

treatment  and  support  of  such  persons  at,  and  the  discharge 
of  such  persons  from,  the  Gushing  hospital,  shall  not  take 
effect  until  such  hospital  is  ready  for  the  reception  of  the 
elderly  persons;  and  such  time  shall  be  fixed  by  proclama- 
tion of  the  governor  in  accordance  with  a  notification  from 
the  department  of  mental  health. 

Section  6.  The  initial  appointments  of  members  of  the 
board  of  trustees  of  Gushing  hospital  shall  be  so  made  by 
the  governor,  with  the  advice  and  consent  of  the  council, 
that  the  term  of  one  such  member  shall  expire  on  the  first 
Wednesday  of  February  in  the  years  nineteen  hundred  and 
fifty-five  to  nineteen  hundred  and  sixty-one,  inclusive,  sub- 
ject, however,  to  the  provisions  of  section  six  of  chapter 
nineteen  of  the  General  Laws.       Approved  May  25,  1954. 


An  Act  authorizing  the  byfield  water  district  to  ChapA70 

MAKE  AN  additional  WATER  LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  extending  its  water  mains, 
the  Byfield  water  district  may  borrow,  from  time  to  time 
within  five  years  from  the  passage  of  this  act,  such  sums  as 
may  be  necessary,  not  exceeding,  in  the  aggregate,  twenty- 
two  thousand  dollars,  and  may  issue  bonds  or  notes  therefor, 
which  shall  bear  on  their  face  the  words,  Byfield  Water  Dis- 
trict Loan,  Act  of  1954.  Each  authorized  issue  shall  con- 
stitute a  separate  loan,  and  such  loans  shall  be  paid  in  not 
more  than  twenty  years  from  their  dates.  Indebtedness  in- 
curred under  authority  of  this  act  shall  be  outside  the  stat- 
utory limit  of  indebtedness,  but  shall,  except  as  otherwise 
provided  in  this  act,  be  subject  to  chapter  forty-four  of  the 
General  Laws. 

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

Approved  May  25,  1954- 


An  Act  to  provide  for  a  special  capital  outlay  program  ChavA71 

FOR   the   commonwealth. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  to  provide  funds  immediately  p^^^^'ie. 
for  a  special  capital  outlay  program  for  the  commonwealth, 
therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  To  provide  for  a  special  program  of  construc- 
tion, reconstruction,  alteration  and  improvement  of  various 
state  institutions  and  properties,  and  for  the  purchase  of 
certain  property,  the  sums  set  forth  in  section  two  of  this 
act,  for  the  several  purposes  and  subject  to  the  conditions 
specified  in  said  section  two,  are  hereby  made  available, 


394  Acts,  1954. —  Chap.  471. 

subject  to  the  provisions  of  law  regulating  the  disbursement 
of  pubUc  funds  and  the  approval  thereof. 
Section  2. 

Service  of  the  Armory  Commission. 

Item 
8255-01  For  the  construction  of  armories,  including 
furnishings  and  equipment,  to  be  expended 
in  connection  with  federal  funds  available 
for  this  purpose,  to  be  in  addition  to  the 
amoimt  appropriated  in  item  8654-01  of 
section  two  of  chapter  six  hundred  and 
sixty  of  the  acts  of  nineteen  hundred  and 
fifty- three;  provided,  that  the  provisions 
of  section  thirty  A  of  chapter  seven  of  the 
General  Laws  shall  not  apply  to  expendi- 
tures made  from  this  item        .         .  $415,000  00 

Service  of  the  State  Superintendent  of  Buildings. 

8255-02     For  certain  fire  protection  improvements  in 

the  state  house $70,000  00 

8255-03  For  certain  plumbing  improvements  in  the 
state  house  and  Ford  Building,  to  be  in 
addition  to  the  amount  appropriated  in 
item  7704-05  of  section  two  of  chapter 
seven  hundred  and  fifty-six  of  the  acts  of 
nineteen  hundred  and  fifty-one  60,000  00 

Service  of  the  State  Airport  Management  Board. 

8255-04  For  the  further  development  of  the  General 
Edward  Lawrence  Logan  International 
Airport;  provided,  that  any  improvement 
or  development  of  the  airport  under  this 
item  shall  not  permit  the  extension  of  the 
existing  bounds  towards  the  town  of  Win- 
throp  or  the  mainland  of  the  East  Boston 
district  of  the  city  of  Boston;  and,  fur- 
ther provided,  that  the  board  shall  accept 
any  federal  funds  available  for  the  purpose, 
and  such  federal  funds,  when  received,  shall 
be  credited  to  the  General  Fund  $150,000  00 

Service  of  the  Department  of  Natural  Resources. 

8255-86  For  the  further  development  of  the  Mount 
Tom  State  Reservation  in  accordance  with 
recommendations  contained  in  the  report 
made  by  the  department  of  natural  re- 
sources pursuant  to  chapter  seventy  of  the 
resolves  of  nineteen  hundi-ed  and  fifty- 
three;  provided,  that  to  cover  this  item  the 
comptroller  shall  include  in  the  assessment 
made  under  the  provisions  of  section  five 
of  chapter  one  hundred  and  thirty-two  A 
of  the  General  Laws  the  sum  of  ten  thou- 
sand one  hundred  and  twenty  dollars 
yearly  for  the  years  nineteen  hundred  and 
fifty-five  to  nineteen  hundred  and  sixty- 
four,  inclusive,  and  shall  credit  said  amount 
to  the  General  Fund;  and,  further  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 $92,000  00 


Acts,  1954. —  Chap.  471. 


395 


Item 
8255-05 


For  the  development  and  improvement  of 
certain  recreation  areas,  including  the 
project  contained  in  House  document  2517 
and  a  study  of  the  project  specified  in 
House  document  2593  and  including  the 
development  of  certain  recreation  areas  in 
northern  Berkshire  county;  provided,  that 
any  additional  land  acquired  under  this 
item  shall  be  acquired  under  the  provi- 
sions of  chapter  seventy-nine  of  the  Gen- 
eral Laws;  and,  further  provided,  that  to 
cover  this  item  the  comptroller  shall  in- 
clude in  the  assessment  made  under  the 
provisions  of  section  five  of  chapter  one 
hundred  and  thirty-two  A  of  the  General 
Laws  the  sum  of  forty-four  thousand  dol- 
lars yearly  for  the  years  nineteen  hundred 
and  fifty-five  to  nineteen  hundred  and 
sixty-four,  inclusive,  and  shall  credit  said 
amount  to  the  General  Fund,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
8654-04  of  section  two  of  chapter  six  hun- 
dred and  sixty  of  the  acts  of  nineteen  hun- 
dred and  fifty-three;  and,  further  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        ...... 


$400,000  00 


8255-06 


8255-07 


8255-08 


8255-09 


8255-10 


Service  of  the  Department  of  Education 

For  fire  protection  improvements  in  certain 
buildings  under  the  supervision  of  the  de- 
partment of  education  in  accordance  with 
the  recommendations  of  the  department  of 
public  safety  to  comply  with  the  provisions 
of  chapter  five  hundred  and  eighty-two  of 
the  acts  of  nineteen  hundred  and  forty- 
eight,  as  amended,  to  be  designated  by  the 
director  of  building  construction 


State  Teachers'  College  at  Bridgewater: 
For  the  construction  of  a  gjTnnasium  and 
swimming  pool  building,  including  the  cost 
of  furnishings  and  equipment,  to  be  in 
addition  to  the  amount  appropriated  in 
item  7613-OlA  of  section  two  of  chapter 
six  hundred  and  four  of  the  acts  of  nine- 
teen hundred  and  fifty-two 

State  Teachers'  College  at  Fitchburg: 
For  the  construction  of  a  gymnasium  build- 
ing, including  the  cost  of  furnishings  and 
equipment      ...... 

State  Teachers'  College  at  Lowell : 
For  the  conversion  of  the  present  auditorium 
into  a  library,  including  the  cost  of  fur- 
nishings and  equipment  .... 

State  Teachers'  College  at  Boston: 
For  certain  renovations  and  improvements, 
including  the  cost  of  furnishings  and  equif>- 
ment     ....... 


$531,000  00 


1,120,000  00 


453,000  00 


15,000  00 


76,000  00 


396 


Acts,  1954. —  Chap.  471. 


Item 

8255-11 
8255-12 


8255-13 

8255-14 
8255-15 


8255-16 


8255-17 


8255-18 


8255-19 


8255-20 


Lowell  Technological  Institute  of  Massa- 
chusetts: 

For  the  purchase  and  installation  of  certain 

machinery  and  equipment        .  .  .        SI  10,000  00 

For  certain  fire  protection  improvements  in 
accordance  with  the  recommendations  of 
the  department  of  public  safety  to  comply 
with  the  provisions  of  chapter  five  hundred 
and  eighty-two  of  the  acts  of  nineteen  hun- 
dred and  forty-eight,  as  amended,  to  be 
designated  by  the  director  of  building  con- 
struction         35,000  00 

University  of  Massachusetts: 

For  improvements  to  the  steam,  electric, 
water  and  sewage  disposal  systems,  to  be 
in  addition  to  the  amount  appropriated  in 
item  8654-10  of  section  two  of  chapter  six 
hundred  and  sixty  of  the  acts  of  nineteen 
hundred  and  fifty-three   ....         395,000  00 

For  the  construction  of  a  classroom  building, 
including  the  cost  of  furnishings  and  equip- 
ment      1,000,000  00 

For  certain  fire  protection  improvements  in 
accordance  with  the  recommendations  of 
the  department  of  public  safety  to  comply 
with  the  provisions  of  chapter  five  hundred 
and  eighty-two  of  the  acts  of  nineteen  hun- 
dred and  forty-eight,  as  amended,  to  be 
designated  by  the  director  of  building  con- 
struction         72,000  00 

For  the  construction  of  an  addition  to  the 
chemistry  laboratory,  including  the  cost  of 
furnishings  and  equipment,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
8654-08  of  section  two  of  chapter  six  bun- 
dled and  sixty  of  the  acts  of  nineteen  hun- 
dred and  fifty-three         ....       1,747,000  00 

For  the  construction  of  a  women's  physical 
education  building,  including  the  cost  of 
furnishings  and  equipment,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
8654-07  of  section  two  of  chapter  six  hun- 
dred and  sixty  of  the  acts  of  nineteen  hun- 
dred and  fifty-three         ....      1,621,000  00 

Youth  Service  Board: 
For  fire  protection  improvements  in  certain 
buildings  imder  the  supervision  of  the 
youth  service  board  in  accordance  with  the 
recommendations  of  the  department  of 
public  safety  to  comply  with  the  provisions 
of  chapter  five  hundred  and  eighty-two  of 
the  acts  of  nineteen  hundred  and  forty- 
eight,  as  amended,  to  be  designated  by  the 
director  of  building  construction        .  .  85,000  00 

Industrial  School  for  Boys: 

For  certain  power  plant  improvements,  in- 
cluding steam  distribution,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
8654-14  of  section  two  of  chapter  six  hun- 
dred and  sixty  of  the  acts  of  nineteen  hun- 
dred and  fifty-three         ....  73,000  00 

For  the  installation  of  an  intercommunica- 
tion system 15,000  00 


Acts,  1954. —  Chap.  471. 


397 


Item 
8255-21 


Service  of  the  Department  of  Mental  Health. 


For  fire  protection  improvements  in  certain 
buildings  under  the  supervision  of  the  de- 
partment of  mental  health  in  accordance 
with  the  recommendations  of  the  depart- 
ment of  public  safety  to  comply  with  the 
provisions  of  chapter  five  hundred  and 
eighty-two  of  the  acts  of  nineteen  hundred 
and  forty-eight,  as  amended,  to  be  desig- 
nated by  the  director  of  building  construc- 
tion      .         .         .         . 


8255-22 


8255-23 

8255-24 

8255-25 
8255-26 


Boston  State  Hospital: 

For  the  construction  of  a  medical  and  surgi- 
cal building,  including  the  cost  of  furnish- 
ings and  equipment,  to  be  in  addition  to 
the  amount  appropriated  in  item  7617-03 
of  section  two  of  chapter  six  hundred  and 
four  of  the  acts  of  nineteen  hundred  and 
fifty-two         ...... 

For  improvements  to  the  power  plant  and 
steam  distribution  system 

For  the  construction  of  a  garage  to  replace 
the  present  structure       .... 

For  the  renovation  of  plumbing  . 

For  the  construction  of  an  incinerator 


$590,000  00 


3,100,000  00 

450,000  00 

60,000  00 
90,000  00 
20,000  00 


8255-27 


8255-28 


8255-29 
8255-30 


8255-31 


8255-32 


Danvers  State  Hospital: 
For  certain  fireproofing;  renovation  of 
plumbing,  heating  and  electrical  distribu- 
tion; and  for  certain  reconstruction,  in  the 
Administration  Building,  to  be  in  addition 
to  the  amount  appropriated  in  item  7918- 
25  of  section  two  of  chapter  seven  hundred 
and  ninety-five  of  the  acts  of  nineteen 
hundred  and  fifty 419,000^00 

Foxborough  State  Hospital: 
For  certain  alterations  and  additions  to  the 
N  and  O  Buildings,  including  the  cost  of 
furnishings  and  equipment,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
7617-06  of  section  two  of  chapter  six  hun- 
dred and  four  of  the  acts  of  nineteen  hun- 
dred and  fifty- two 145,000  00 

Gardner  State  Hospital: 
For  certain  sewage  disposal  improvements    .  75,000  00 

For  the  renovation  and  enlargement  of  six 

cottages,  including  the  cost  of  furnishings 

and  equipment 102,000  00 

Grafton  State  Hospital: 
For  certain  plumbing  renovations,  to  be  in 

addition   to  the  amount  appropriated  in 

item  7617-12  of  section  two  of  chapter  six 

hundred  and  four  of  the  acts  of  nineteen 

hundred  and  fifty-two      ....  65,000  00 

For  the  construction  of  an  addition  to  the 

Elms  Service  Building,  including  the  cost 

of  furnishings  and  equipment  .         .  428,000  00 


398 


Acts,  1954. —  Chap.  471. 


Item 

Medfield  State  Hospital: 

8255-33  For  the  construction  of  an  admission-treat- 
ment building,  including  the  cost  of  fur- 
nishings and  equipment  ....     $2,187,000  00 

8255-34  For  the  installation  of  certain  fly-ash  con- 
trol equipment 21,000  00 

Metropolitan  State  Hospital: 
8255-35     For  the  construction  of  an  admission-treat- 
ment building,  including  the  cost  of  fur- 
nishings and  equipment  .  .  2,187,000  00 

Northampton  State  Hospital: 
8255-36     For  the  construction  of  an  admission-treat- 
ment building,  including  the  cost  of  fur- 
nishings and  equipment  ....      2,170,000  00 
8255-37     For  the  construction  of  an  elevator  in  the 

tuberculosis  buUding        ....  20,000  00 

Taunton  State  Hospital: 
8255-38     For  the  construction  of  an  admission-treat- 
ment building,  including  the  cost  of  fur- 
nishings and  equipment  ....      2,132,000  00 

Westborough  State  Hospital: 

8255-39  For  certain  sewage  disposal  system  improve- 
ments     131,000  00 

8255-40  For  fireproofing  and  renovation  of  certain 
male  wards,  to  be  in  addition  to  the  amount 
appropriated  in  item  8654-20  of  section 
two  of  chapter  six  hundred  and  sixty  of  the 
acts  of  nineteen  hundred  and  fifty-three  56,000  00 

8255-41  For  the  construction  of  an  electrical  service 
line  from  the  power  plant  to  the  tubercu- 
losis building 48,000  00 

8255-42     For  the  construction  of  an  incinerator  12,000  00 

Worcester  State  Hospital : 
8255-43  For  certain  fireproofing  and  plumbing  in  the 
main  building  and  fire  protection  in  certain 
separate  buildings,  to  be  in  addition  to  any 
amount  available  under  Item  7918-44  of 
section  two  of  chapter  seven  hundred  and 
nmety-five  of  the  acts  of  nineteen  hundred 
and  fifty,  provided  that,  notwithstanding 
any  provisions  of  the  law  to  the  contrary, 
extra  work  may  be  authorized  on  the  exist- 
ing contract  for  the  Phillips  Building  not 
to  exceed  the  sum  of  $123,000.00  for  addi- 
tional concrete  framing  and  related  work 
necessary  for  the  structural  strengthening 
of  the  building 280,000  00 

Monson  State  Hospital: 

8255-44  For  the  construction  of  a  building  for  dis- 
turbed females,  including  the  cost  of  fur- 
nishings and  equipment  ....      1,060,000  00 

8255-45  For  the  construction  of  an  assembly  building, 
including  the  cost  of  furnishings  and  equip- 
ment      830,000  00 

8255-46  For  certain  renovations  at  Farm  Group  Num- 
ber  6,  including   the   cost  of  equipment  45,000  00 

8255-47  For  certain  improvements  at  the  Children's 
Colony,  including  kitchen  renovation, 
plumbing  and  rewiring,  including  the  cost 


Acts,  1954.  —  Chap.  471. 


399 


Item 

8255-48 
8255-49 


8255-50 
8255-51 


8255-52 
8255-53 


8255-54 


8255-55 
8255-56 


8255-57 
8255-58 


8255-59 
8255-60 


of  furnishings  and  equipment,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
7817-27  of  section  two  of  chapter  seven 
hundred  and  ninety  of  the  acts  of  nineteen 
hundred  and  forty-nine    ....  ?30,000  00 

For  the  renovation  of  certain  food  services, 
including  the  cost  of  furnishings  and  equip- 
ment      80,000  00 

For  the  construction  of  an  infirmary  building, 
including  the  cost  of  furnishings  and 
equipment,  to  be  in  addition  to  the  amount 
appropriated  in  item  7617-22  of  section  two 
of  chapter  six  hundred  and  four  of  the  acts 
of  nineteen  hundred  and  fifty-two     .         .         425,000  00 

Belchertown  State  School: 
For  certain  lightning  protection  .  .  .  25,000  00 

Walter  E.  Fernald  State  School : 

For  classroom  additions  to  the  East  and  West 
Buildings,  including  the  cost  of  furnishings 
and  equipment        .....  58,000  00 

For  certain  renovation  of  plumbing      .  .  75,000  00 

For  an  addition  to  the  kitchen  and  the  con- 
struction of  a  central  bakery,  including  the 
cost  of  furnishings  and  equipment,  to  be 
in  addition  to  the  amount  appropriated  in 
item  7717-43  of  section  two  of  chapter 
seven  hundred  and  fifty-six  of  the  acts  of 
nineteen  hvmdred  and  fifty-one  150,000  00 

For  certain  electrical  distribution  system  im- 
provements at  the  Walter  E.  Fernald  State 
School  and  the  Metropolitan  State  Hospi- 
tal, to  be  in  addition  to  the  amount  appro- 
priated in  item  8654^22  of  section  two  of 
chapter  six  himdred  and  sixty  of  the  acts 
of  nineteen  hundred  and  fifty-three  .  .  85,000  00 

Wrentham  State  School: 

For  certain  renovation  of  plumbing      .  .  50,000  00 

For  the  renovation  and  repair  of  K  Building, 
including  the  cost  of  furnishings  and  equip- 
ment      234,000  00 

For  an  addition  to  the  laundry  building,  in- 
cluding the  cost  of  furnishings  and  equip- 
ment      113,000  00 

For  the  construction  of  an  infirmary  building 
with  connecting  tunnels,  including  the  cost 
of  furnishings  and  equipment,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
7617-26  of  section  two  of  chapter  six  hun- 
dred and  four  of  the  acts  of  nineteen  hun- 
dred and  fifty-two 13,500  00 

Myles  Standish  State  School: 
For  the  installation  of  certain  street  lighting  20,000  00 

For  the  construction  of  additional  permanent 

buildings,  including  industrial,  recreational 

and  hospital  buildings,  and  the  cost  of  fur- 
nishings and  equipment,  to  be  in  addition 

to  the  amount  appropriated  in  item  7617- 

27  of  section  two  of  chapter  six  hundred 

and  four  of  the  acts  of  nineteen  hundred 

and  fifty-two 226,000  00 


400  Acts,  1954.  — Chap.  471. 

Item 

Gushing  Hospital: 
8255-61  For  the  renovation  and  repair  of  Gushing 
Hospital;  provided,  that  the  property  is 
accepted  by  the  commonwealth  for  the 
purpose  of  caring  for  elderly  persons,  and 
to  be  operated  as  a  public  medical  insti- 
tution, including  the  cost  of  furnishings  and 
equipment $1,650,000  00 

Service  of  the  Department  of  Correction. 

8255-62  For  fire  protection  improvements  in  certain 
buildings  under  the  supervision  of  the  de- 
partment of  correction  in  accordance  with 
the  recommendations  of  the  department 
of  public  safety  to  comply  with  the  provi- 
sions of  chapter  five  hundred  and  eighty- 
two  of  the  acts  of  nineteen  hundred  and 
forty-eight,  as  amended,  to  be  designated 
by  the  director  of  building  construction     .        $326,000  00 

State  Farm: 
8255-63     For  the  construction  of  an  elevator  in  the 

hospital  building 18,000  00 

Massachusetts  Reformatory: 
8255-64    For  certain   building  alterations,   including 
the  construction  of  a  pedestrian  trap,  and 
the  cost  of  furnishings  and  equipment       .  43,000  00 

8255-65     For  certain  plumbing  renovations         .         .  80,000  00 

Service  of  the  Department  of  Public  Welfare. 

Massachusetts  Hospital  School: 
8255-66     For  the  extension  of  certain  covered  walks    .         $75,000  00 

Tewksbury  State  Hospital: 
8255-67  For  certain  plumbing  renovations,  to  be  in 
addition  to  the  amount  appropriated  in 
item  7619-04  of  section  two  of  chapter  six 
hundred  and  four  of  the  acts  of  nineteen 
hundred  and  fifty-two      ....  50,000  00 

8255-68  For  certain  fire  protection  improvements  in 
accordance  with  the  recommendations  of 
the  department  of  public  safety  to  comply 
with  the  provisions  of  chapter  five  hun- 
dred and  eighty-two  of  the  acts  of  nineteen 
hundred  and  forty-eight,  as  amended,  to 
be  designated  by  the  director  of  building 
construction 126,000  00 

Service  of  the  Department  of  Public  Health. 

8255-69  For  fire  protection  improvements  in  certain 
buildings  under  the  supervision  of  the  de- 
partment of  public  health  in  accordance 
with  the  recommendations  of  the  depart- 
ment of  public  safety  to  comply  with  the 
provisions  of  chapter  five  hundred  and 
eighty-two  of  the  acts  of  nineteen  hundred 
and  forty-eight,  as  amended,  to  be  desig- 
nated by  the  director  of  building  construc- 
tion        $169,000  00 


Acts,  1954.  —  Chap.  471. 


401 


Item 


8255-70 


8255-71 


8256-72 
8255-73 


Lakeville  State  Sanatorium: 
For  the  construction  of  a  covered,  heated 
corridor  from  East  Ward  to  the  school- 
house    $11,000  00 

Pondville  Hospital: 

For  the  air  conditioning  of  the  operating 
rooms  and  the  renovation  of  certain  build- 
ings, including  the  cost  of  furnishings  and 
equipment 83,000  00 

For  certain  improvements  to  the  sewage  dis- 
posal system 34,000  00 

For  certain  improvements  to  the  steam  dis- 
tribution system 42,000  00 


8255-74 


8255-75 


8255-76 


8255-77 
8255-78 


Service  of  the  Department  of  Public  Safety. 

For  the  construction  of  a  state  police  head- 
quarters and  radio  station  on  land  now 
owned  by  the  commonwealth  in  the  town 
of  Middleborough,  including  the  cost  of 
furnishings  and  equipment  $375,000  00 

For  the  construction  of  a  state  police  sub- 
station on  land  now  owned  by  the  common- 
wealth in  Foxborough,  including  the  cost 
of  furnishings  and  equipment  .  152,000  00 

Service  of  the  Department  of  Public  Works. 

For  the  improvement,  development,  main- 
tenance and  protection  of  rivers,  harbors, 
tidewaters  and  shores,  including  the  proj- 
ects provided  for  in  current  house  docu- 
ments numbered  367,  1191,  1193  and  1642; 
construction,  reconstruction  or  removal  of 
dams;  construction,  reconstruction  or  re- 
pair of  town  or  city  piers  and  wharves 
within  the  commonwealth;  as  authorized 
by  section  eleven  of  chapter  ninety-one  of 
the  General  Laws,  to  be  used  in  conjunc- 
tion with  any  federal  funds  made  available 
for  the  purpose,  to  be  expended  either  with 
or  without  contributions  from  municipali- 
ties or  other  organizations  and  individuals; 
provided,  that  this  item  shall  not  be  sub- 
ject to  section  thirty  A  of  chapter  seven  of 
the  General  Laws,  to  be  in  addition  to  the 
amount  appropriated  in  item  8654-26  of 
section  two  of  chapter  six  hundred  and 
sixty  of  the  acts  of  nineteen  hundred  and 
fifty-three $2,800,000  00 

Service  of  the  Port  of  Boston  Commission. 

For    certain    repairs    and    replacements    at 

Hoosac  Pier  Number  1    .  $415,000  00 

For   the  renovation   and  modernization   of 

Commonwealth  Pier  Number  5,  including 

the  cost  of  furnishings  and  equipment  1,800,000  00 


Service  of  the  Soldiers'  Home  in  Massachusetts. 

8255-79  For  the  renovation  of  John  Adams  Hospital 
and  Sargent  Hall,  including  the  renovation 
of  utilities,  sewer  line  repair  and  replace- 
ment,   incinerator    construction,    replace- 


402 


Acts,  1954. —  Chap.  471. 


8255-80 


Item 

ment  of  elevator,  fireproofing  stairways  and 
renovation  of  outpatient  department,  to 
be  in  addition  to  the  amount  appropriated 
in  item  7635-01  of  section  two  of  chapter 
six  hundred  and  four  of  the  acts  of  nineteen 
hundred  and  fifty-two      ....        $220,000  00 

For  certain  fire  protection  improvements  in 
accordance  with  the  recommendations  of 
the  department  of  public  safety  to  comply 
with  the  provisions  of  chapter  five  hundred 
and  eighty-two  of  the  acts  of  nineteen  hun- 
dred and  forty-eight,  as  amended,  to  be 
designated  by  the  director  of  building  con- 
struction          67,000  00 

For  the  purchase  and  renovation  of  a  house 

and  six  garages        .....  20,000  00 

For  the  development  and  improvement  of  a 
certain  tract  of  land,  as  authorized  by  chap- 
ter three  hundred  and  eighty-three  of  the 
acts  of  the  current  year  ....  15,000  00 

Service  of  the  Soldiers'  Home  in  Holyoke. 

For  the  construction  of  a  soldiers'  home,  in- 
cluding a  nurses'  home,  in  the  city  of 
Holyoke,  and  including  the  cost  of  fur- 
nishings and  equipment,  to  be  in  addition 
to  the  amounts  appropriated  in  items  8035- 
01  of  section  two  of  chapter  five  hundred 
and  ninety-nine  of  the  acts  of  nineteen  hun- 
dred and  forty-eight,  3504^62  of  section 
two  of  chapter  eight  hundred  and  ten  of 
the  acts  of  nineteen  hundred  and  forty- 
nine  as  amended,  and  7735-02  of  section 
two  of  chapter  seven  hundred  and  fifty-six 
of  the  acts  of  nineteen  hundred  and  fifty- 
one        $50,000  00 

Service  of  the  Division  of  Building  Construction. 

8255-84  For  the  preparation  of  preliminary  plans  and 
descriptive  specifications,  as  authorized  by 
section  thirty  H  of  chapter  seven  of  the 
General  Laws,  to  be  in  addition  to  the 
amount  appropriated  in  item  8654-31  of 
section  two  of  chapter  six  hundred  and 
sixty  of  the  acts  of  nineteen  hundred  and 
fifty-three      ...... 


8255-81 
8255-82 


8255-83 


$100,000  00 


Contingent  Reserve. 

8255-85  To  cover  unexpected  contingencies  in  the 
cost  of  projects  authorized  by  this  act  and 
by  chapters  seven  hundred  and  ninety-five 
of  the  acts  of  nineteen  hundred  and  fifty, 
seven  hundred  and  fifty-six  of  the  acts  of 
nineteen  hundred  and  fifty-one,  six  hun- 
dred and  four  of  the  acts  of  nineteen  hun- 
dred and  fifty-two,  and  six  hundred  and 
sixty  of  the  acts  of  nineteen  hundred  and 
fifty-three,  to  be  allocated  by  the  commis- 
sion on  administration  and  finance  with 
the  approval  of  the  governor  and  council, 
to  be  in  addition  to  the  amount  appropri- 
ated in  item  8654-32  of  section  two  of 
chapter  six  hundred  and  sixty  of  the  acts 
of  nineteen  hundred  and  fifty-three  . 


$244,500  00 


Acts,  1954.  —  Chap.  472.  403 

Section  3.  The  state  treasurer  may  borrow  from  time  to 
time  on  the  credit  of  the  commonwealth  such  sums  of  money 
as  may  be  necessary  for  the  purpose  of  meeting  payments 
as  authorized  by  section  two  of  this  act,  and  may  issue  and 
renew  from  time  to  time  notes  of  the  commonwealth  therefor, 
bearing  interest  payable  at  such  times  at  such  rates  as  shall 
be  fixed  by  the  state  treasurer.  Such  notes  shall  be  issued 
and  may  be  renewed  one  or  more  times  for  such  terms,  not 
exceeding  one  year,  as  the  governor  may  recommend  to  the 
general  court  in  accordance  with  section  3  of  Article  LXII 
of  the  Amendments  to  the  Constitution  of  the  Common- 
wealth, but  the  final  maturities  of  such  notes,  whether 
original  or  renewal,  shall  be  not  later  than  June  thirtieth, 
nineteen  hundred  and  fifty-seven.  Notwithstanding  any 
provision  of  this  act,  such  notes  shall  be  general  obUgations 
of  the  commonwealth. 

Section  4.  To  meet  the  expenditure  necessary  in  carry- 
ing out  the  provisions  of  this  act  or  to  refinance  notes  issued 
as  provided  in  section  three  of  this  act,  the  state  treasurer 
shall,  upon  request  of  the  governor  and  council,  issue  and 
sell  at  pubUc  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  coun- 
cil from  time  to  time,  but  not  exceeding  in  the  aggregate, 
the  sum  of  thirty-five  milHon  eight  hundred  and  seven 
thousand  dollars.  All  bonds  issued  by  the  commonwealth, 
as  aforesaid,  shall  be  designated  on  their  face,  Capital  Out- 
lay Loan,  Act  of  1954,  and  shall  be  on  the  serial  payment 
plan  for  such  maximum  term  of  years,  not  exceeding  ten 
years,  as  the  governor  may  recommend  to  the  general  court 
pursuant  to  section  3  of  Article  LXII  of  the  Amendments  to 
the  Constitution  of  the  Commonwealth,  the  maturities 
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 
shall  bear  interest  semi-annually  at  such  rate  as  the  state 
treasurer,  with  the  approval  of  the  governor,  shall  fix.  The 
initial  maturities  of  such  bonds  shall  be  payable  not  later 
than  one  year  from  the  date  of  issue  thereof  and  the  entire 
issue  not  later  than  June  thirtieth,  nineteen  hundred  and 
sixty-nine.  Approved  May  25,  1954. 


An  Act  authorizing  the  department  of  public  works  ChapA72 
TO  acquire  scusset  beach  in  the  towns  of  sandwich 

AND    bourne. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  The  department  of  public  works,  with  the 
approval  of  the  governor  and  council,  is  hereby  authorized 
to  acquire  by  lease  from  the  United  States  the  land  known 
as  Scusset  beach,  and  being  a  certain  tract  of  land  in  the 


404  Acts,  1954.  —  Chaps.  473,  474. 

towns  of  Sandwich  and  Bourne,  situated  on  the  northerly 
side  of  the  Cape  Cod  Cana]  at  the  easterly  extremity  of  said 
canal,  containing  three  hundred  and  eighty  acres,  more  or 
less,  all  as  shown  on  a  plan  entitled  "Proposed  Recreational 
Development,  Cape  Cod  Canal,  Bourne-Sandwich,  Depart- 
ment of  Public  Works  of  Massachusetts,  Division  of  Water- 
ways, July,  1953".  Said  lease  shall  be  on  such  terms  and 
conditions  as  the  commissioner  of  public  works,  with  the 
approval  of  the  governor  and  council,  shall  determine;  pro- 
vided, that  the  rental  of  the  leased  premises  shall  not  exceed 
one  dollar. 

Section  2.  The  department  of  pubHc  works  is  hereby 
authorized  and  directed  to  improve  and  develop  said  Scusset 
beach,  and  for  said  purposes  may  expend  such  sums  as  may 
be  appropriated  therefor.  Approved  May  25,  1954' 

ChapAlS  An  Act  relative  to  the  jurisdiction  and  control  of 

AN   athletic    field   IN   THE   CITY    OF   REVERE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  jurisdiction  and  control  of  the  athletic 
field  in  Paul  Revere  park  in  the  city  of  Revere,  provided  for 
in  chapter  thirty-one  of  the  acts  of  nineteen  hundred  and 
twenty-seven,  shall  be  vested  in  the  city  manager  or  in 
such  other  authority  as  he  may  designate. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
during  the  current  year  by  vote  of  the  city  council  of  said 
city,  subject  to  the  provisions  of  its  charter,  but  not  other- 
wise. Approved  May  25,  1954. 

ChapA74:  An  Act  placing  the  office  of  veterans'  counsellor  of 
veterans'  services  under  the  civil  service  law. 

Be  it  enacted,  etc.,  as  follows: 

Any  disabled  veteran  holding  the  position  of  veterans' 
counsellor  of  veterans'  services  in  the  office  of  the  com- 
missioner of  veterans'  services,  who  has  been  employed  in 
said  department  for  an  aggregate  time  of  three  years  or  more 
prior  to  December  thirty-first,  nineteen  hundred  and  fifty- 
three  and  who  was  so  employed  on  said  date,  shall  become 
subject  to  the  civil  service  laws  and  rules,  and  his  tenure  of 
ofiice  shall  be  unlimited,  subject,  however,  to  said  laws,  but 
he  shall  be  subjected  by  the  division  of  civil  service  to  a 
qualifying  examination,  and  if  he  passes  said  examination 
shall  be  certified  for  said  position  and  shall  be  deemed  to  be 
permanently  appointed  thereto  without  being  required  to 
serve  any  probationary  period.      Approved  May  25,  1954- 


Acts,  1954.  —  Chap.  475.  406 


An  Act  providing  for  the  proportionate  cost  of  con-  Chap  .475 

TROL   MEASURES   TO    PREVENT   THE   SPREAD    OF   THE   GYPSY 
MOTH   WITHIN   THE   COMMONWEALTH. 

Whereas,  The  deferred  operation  of  this  act  would  tend  preamble*'^ 
to  defeat  its  purpose,  which  is  to  institute  forthwith  a 
program  for  the  prevention  of  the  spread  of  the  gypsy  moth, 
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  148  of  the  acts  of  the  current  year 
is  hereby  amended  by  striking  out  section  1  and  inserting 
in  place  thereof  the  following  section :  —  Section  1 .  The  Regional 
commissioner  of  natural  resources,  hereinafter  in  this  act  appOTfio^nment 
called  the  commissioner,  is  hereby  authorized  and  directed,  of  costs, 
with  the  approval  of  the  board  of  natural  resources,  to  ''"*''°"''®^- 
institute  a  comprehensive  program  of  gypsy  and  brown  tail 
moth  control  within  the  commonwealth.  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  infested  or  so  located  as  to  require 
such  control  measures  to  prevent  further  spread  of  the 
gypsy  moth.  The  commissioner  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  emer- 
gency action  by  the  department  to  prevent  the  spread  of 
said  insect  pests  and  that  the  commonwealth  is  to  proceed 
with  a  control  program  to  be  fmanced  jointly  by  the  common- 
wealth and  the  cities  and  towns  within  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  com- 
missioner 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  fi- 
nal. The  cost  of  such  control  program  including  the  interest 
on  any  notes  issued  under  section  four  shall  be  apportioned 
fifty  per  cent  to  the  commonwealth  and  fifty  per  cent  to  the 
cities  and  towns  in  the  region,  or  regions,  estabUshed  here- 
under. The  portion  of  the  cost,  as  determined  by  the  com- 
missioner, 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  chapter  one  hundred  and 
thirty-two  of  the  General  Laws;  provided,  that  no  such 
assessment  in  any  calendar  year  shall  exceed  fifty  per  cent 
of  the  maximum  required  to  be  expended  in  said  section 
sixteen.  The  commissioner  shall  notify  the  state  tax  com- 
missioner on  or  before  January  first  of  each  year  of  the  esti- 


406  Acts,  1954. —  Chap.  476. 

mated  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  certify  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,  however,  that  on  or  before  April 
first  of  the  current  year,  the  commissioner  shall  notify  the 
state  tax  commissioner  of  the  estimated  hability  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  conomissioner  and  the  chief  moth  super- 
intendent shall  have  the  powers  granted  to  them  by  appli- 
cable provisions  of  chapter  one  hundred  and  thirty-two  of 
the  General  Laws. 

Section  2.  Notwithstanding  the  provisions  of  section 
one  of  chapter  one  hundred  and  forty-eight  of  the  current 
year,  as  amended  by  section  one  of  this  act,  the  mayor  of  any 
city  or  the  selectmen  of  any  town  may  elect  to  postpone  the 
initial  payment  required  thereby  until  nineteen  hundred 
and  fifty-five  and  may  make  payment  in  three  equal  annual 
installments,  upon  notice  in  writing  to  the  state  tax  com- 
missioner of  such  election.  In  the  event  of  such  election 
the  state  tax  commissioner  shall  state  in  his  certification 
to  the  state  treasurer,  required  by  said  section  one,  the 
amount  to  be  collected  under  such  election. 

Approved  May  26,  1954. 

Chap. 4:7 Q       An  Act  in  favor  of  philander  w.  southworth. 
Be  it  enacted,  etc.,  as  follows: 

Section  L  In  order  to  correct  a  mistake  in  the  pension 
being  paid  to  Philander  W.  Southworth,  a  former  employee 
of  the  department  of  public  works,  who  initially  qualified 
for  such  pension  under  the  provisions  of  chapter  four  hundred 
and  three  of  the  acts  of  nineteen  hundred  and  forty-eight, 
as  amended  by  chapter  six  hundred  and  sixty-three  of  the 
acts  of  nineteen  hundred  and  fifty,  and  chapter  four  hundred 
and  forty-one  of  the  acts  of  nineteen  hundred  and  fifty- 
three,  and  who  since  July  first,  nineteen  hundred  and  fifty- 
three,  has  been  receiving  full  benefits  thereunder,  the  de- 
partment of  public  works  is  hereby  authorized  and  directed 
to  pay  such  sums  as  the  said  Philander  W.  Southworth  was 
entitled  to  receive  as  a  pension  from  July  twenty-fourth, 
nineteen  hundred  and  fifty,  the  effective  date  of  the  said 
chapter  six  hundred  and  sixty-three,  until  July  first,  nineteen 
hundred  and  fifty-three,  the  date  upon  which  payments  on 
the  claim  of  the  said  Southworth  were  commenced. 

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

Approved  May  26,  1954. 


Acts,  1954.  —  Chaps.  477,  478.  407 


An  Act  authorizing  the  city  of  malden  to  borrow  Chap  All 

MONEY    FOR    THE    DEVELOPMENT     OF     FORESTDALE     CEME- 
TERY  IN   SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Maiden  may  borrow  during  the 
current  year  the  sum  of  fifty  thousand  dollars  for  developing 
land  in  the  Forestdale  cemetery  for  burial  purposes  and  for 
the  construction  of  paths  and  avenues  and  embellishing  the 
grounds  in  said  developed  area,  and  may  issue  bonds  or 
notes  therefor  which  shall  bear  on  their  face  the  words,  City 
of  Maiden,  Forestdale  Cemetery  Loan,  Acts  of  1954.  Said 
loan  shall  be  payable  in  not  more  than  five  years  from  its 
date.  The  proceeds  from  the  sale  of  the  exclusive  rights  of 
burials  and  erecting  tombs  and  cenotaphs  upon  any  of  the 
lots  of  Forestdale  cemetery,  and  of  ornamenting  the  same, 
shall  be  paid  into  the  city  treasury  and  shall  be  kept  separate 
from  other  funds  and  be  appropriated  to  reimburse  the  city 
for  its  payment  of  installments  on  the  aforementioned  loan. 

Indebtedness  incurred  under  this  act  shall  be  within  the 
statutory  limit,  but  shall,  except  as  herein  provided,  be 
subject  to  chapter  forty-four  of  the  General  Laws,  exclusive 
of  the  hmitation  contained  in  the  first  paragraph  of  section 
seven  thereof. 

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

Approved  May  26,  1954. 


An  Act  providing  that  judges  of  probate  may,  in  the  ChapA78 
event  of  the  rExMOval  of  an  administrator,  executor, 
guardian,  conservator  or  trustee,  fill  such  vacancy 
by  appointing  a  successor  without  the  filing  of  a 
separate  petition  for  that  purpose. 

Be  it  enacted,  etc.,  as  follows: 

Section  L     Section  11  of  chapter  195  of  the  General  Sj^- ^J^j  n 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended! 
amended  by  adding  at  the  end  the  following  sentence:  — 
The  court,   upon  such  notice  as  it  considers  reasonable, 
may,  if  the  petition  for  removal  contains  a  prayer  therefor, 
appoint  a  suitable  person  to  fill  the  vacancy  caused  by  such 
removal,  without  the  fifing  of  a  separate  petition  for  that 
purpose, — so  as  to  read  as  follows:  —  Section  11.     If  an  Appointment 
executor  or  administrator  becomes  insane  or  otherwise  in-  °|ter*'r*e^movai 
capable  of  performing  the  trust,  or  is  unsuitable  therefor,  of  executor 
or  if  an  executor  or  administrator  who  resides  out  of  the  H^'t^^oft^' 
commonwealth,   having   been   duly   cited   by   the   probate  Prob^tgcourt 
court,  neglects  to  render  his  accounts  and  to  settle  the  estate, 
the  probate  court  may  remove  him;    and  thereupon  the 
other  executor  or  administrator,  if  any,  may  proceed  in 
performing  the  trust  as  if  the  one  removed  were  dead  or,  if 
there  is  no  other  executor  or  administrator,  the  court  may 
appoint  an  administrator  as  provided  in  section  nine  of 


408 


Acts,  1954.  —  Chap.  479. 


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


Appointment 
of  Bucceseor 
after  removal 
of  guardian. 


Q.  L.  (Ter. 

Ed.),  203,  §  12, 
amended. 


Appointment 
of  successor 
after  removal 
of  trustee. 


chapter  one  hundred  and  ninety-three.  The  court,  upon 
such  notice  as  it  considers  reasonable,  may,  if  the  petition 
for  removal  contains  a  prayer  therefor,  appoint  a  suitable 
person  to  fill  the  vacancy  caused  by  such  removal,  without 
the  filing  of  a  separate  petition  for  that  purpose. 

Section  2.  Section  33  of  chapter  201  of  the  General 
Laws,  as  amended  by  chapter  420  of  the  acts  of  1950,  is 
hereby  further  amended  by  inserting  after  the  first  sentence 
the  following  sentence:  —  If  the  petition  for  removal  con- 
tains a  prayer  therefor  the  court  may,  upon  such  notice  as 
it  considers  reasonable,  appoint  a  successor  to  fill  any  va- 
cancy caused  by  such  removal,  without  the  filing  of  a  separate 
petition  for  that  purpose,  —  so  as  to  read  as  follows :  — 
Section  S3.  If  a  guardian  or  conservator  becomes  insane  or 
otherwise  incapable  of  performing  his  trust  or  is  unsuitable 
therefor,  the  probate  court,  after  notice  to  him  and  to  all 
other  persons  interested,  may  remove  him.  If  the  petition 
for  removal  contains  a  prayer  therefor  the  court  ma}'-,  upon 
such  notice  as  it  considers  reasonable,  appoint  a  successor 
to  fill  any  vacancy  caused  by  such  removal,  without  the 
filing  of  a  separate  petition  for  that  purpose.  Upon  the 
request  of  a  guardian  or  conservator,  the  probate  court 
may  allow  him  to  resign  his  trust.  Upon  such  removal  or 
resignation,  and  upon  the  death  of  a  guardian  or  conservator, 
another  may  be  appointed  in  his  stead  by  the  same  court. 

Section  3.  Section  12  of  chapter  203  of  the  General 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  adding  at  the  end  the  following  sentence:  — 
If  the  petition  for  removal  contains  a  prayer  therefor,  the 
court  may,  upon  such  notice  as  it  considers  reasonable, 
appoint  a  successor  to  fill  the  vacancy  caused  by  such  re- 
moval, without  the  filing  of  a  separate  petition  for  that  pur- 
pose, —  so  as  to  read  as  follows:  —  Section  12.  The  supreme 
judicial  court,  the  superior  court  or  the  probate  court  may, 
upon  petition  of  a  party  beneficially  interested  in  a  trust 
under  a  written  instrument,  and  after  notice  to  the  tru.stee 
and  all  persons  interested,  remove  the  trustee  if  it  finds  that 
such  removal  is  for  the  interests  of  the  beneficiaries  of  the 
trust  or  if  he  has  become  inssane  or  otherwise  incapable  or  is 
unsuitable  therefor.  If  the  petition  for  removal  contains  a 
prayer  therefor,  the  court  may,  upon  such  notice  as  it  con- 
siders reasonable,  appoint  a  successor  to  fill  the  vacancy 
caused  by  such  removal,  without  the  filing  of  a  separate 
petition  for  that  purpose.  Approved  May  26,  1954. 


ChapA7Q  An  Act  authorizing  the  town  of  lee  to  use  certain 

MONEY  FOR  THE  CONSTRUCTION  OF  DAMS  AND  OTHER 
FACILITIES  ON  WASHINGTON  MOUNTAIN  BROOK  WATER 
SHED   AREA. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.      Notwithstanding    the    provisions    of    any 
general  or  special  law  to  the  contrary,  the  town  of  Lee  may 


Acts,  1954.  —  Chaps.  480,  481,  482.  409 

use  the  unexpended  balance  of  a  loan  issued  September 
first,  nineteen  hundred  and  forty-eight  for  the  constniction 
of  one  or  more  dams,  pipe  lines  and  auxiUary  facilities  on 
Washington  Mountain  brook  water  shed  area. 

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

Approved  May  26,  19Ji4. 


ChapASO 


An  Act  authorizing  and  directing  the  department  of 

PUBLIC  works  to  make  REPAIRS  TO  THE  STORES  BUILDING 
AND  COLD  STORAGE  BUILDING  AT  THE  STATE  FISH  PIER  IN 
GLOUCESTER  HARBOR. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  public  works  is  hereby  authorized  and 
directed  to  make  needed  repairs  to  the  stores  building  and 
cold  storage  building,  so-called,  situated  on  the  state  fish 
pier  in  Gloucester  harbor.  For  such  repairs  the  department 
is  hereby  authorized  to  expend  such  sums  as  may  be  appro- 
priated therefor.  Approved  May  26,  1954. 

An  Act  further  regulating  the  issuance  of  motor  Chav  481 

VEHICLE  PLATES  TO  INTERSTATE  CARRIERS. 

Be  it  enacted,  etc.,  as  follows: 

The  first  paragraph  of  section  10  of  chapter  159B  of  the  o.  l.  (Ter. 
General  Laws,  as  appearing  in  section  2  of  chapter  376  of  Fio'Jt^^^' 
the  acts  of  1946,  is  hereby  amended  by  striking  out  the  amended* 
fourth  sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  One    interstate    distinguishing    plate    shall    be  interatate 
issued  by  the  department  annually  to  each  such  licensee  carrier  plates, 
for  each  vehicle  of  said  licensee  operating  over  such  ways 
upon  application  to  the  department  and  payment  of  a  fee 
of  five  dollars  per  plate,  which  plate  shall  bear  an  identifying 
number  and  shall  be  displayed  as  provided  in  section  nine. 

Approved  May  26,  1954. 

An  Act  authorizing  the  metropolitan  district  com-  phnri  482 

MISSION   to    CONVEY   A    CERTAIN   PARCEL    OF   LAND    IN   THE  ^' 

CITY  OF  MEDFORD  TO  MEDFORD  POST  1012,  VETERANS  OF 
FOREIGN   WARS,    INC. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission,  in 
consideration  of  a  sum  not  to  exceed  five  thousand  dollars, 
is  hereby  authorized  and  directed  to  convey,  in  the  name  and 
on  behalf  of  the  commonwealth,  to  Medford  Post  1012, 
Veterans  of  Foreign  Wars,  Inc.,  for  the  purpose  of  enabhng 
said  Post  to  establish  a  post  headquarters,  a  certain  parcel  of 
land  under  the  control  of  the  commission  containing  50,500 
square  feet,  more  or  less,  situated  in  the  city  of  Medford 


410  Acts,  1954.  —  Chaps.  483,  484. 

at  the  southeasterly  corner  of  Mystic  Valley  parkway  and 
Mystic  avenue  and  shown  on  a  plan  entitled  "Common- 
wealth of  Massachusetts,  Metropolitan  District  Commission, 
Parks  Division,  Mystic  Valley  Parkway,  Medford,  Plan  of 
Land,  January  18,  1954,  Benjamin  W.  Fink,  Director  of 
Park  Engineering,  accession  No.  32139".  Said  parcel  is  a 
part  of  the  lands  taken  from  the  city  of  Medford  by  an  order 
of  taking  dated  April  twentieth,  nineteen  hundred  and 
thirty-nine,  and  recorded  with  Middlesex  south  district 
registry  of  deeds,  book  6291,  page  535. 

Section  2.  The  jurisdiction  in  and  over  the  land  de- 
scribed in  section  one  shall  revert  to  and  revest  in  the  com- 
monwealth whenever  such  land  shall  cease  to  be  used  for 
the  purpose  set  forth  in  this  act.  In  the  event  that  the 
property  is  not  used  for  the  purpose  set  forth  in  this  act  on 
or  before  July  first,  nineteen  hundred  and  fifty-five,  said 
land  shall  revert  to  and  revest  in  the  commonwealth. 

Approved  May  26,  1954. 

Chap  ASS  An  Act  authorizing  the  transfer  by  the  commonwealth 

OF  CERTAIN  LAND  SITUATED  IN  MARTHA's  VINEYARD  TO  THE 

Martha's  vineyard  regional  school  district. 

Be  it  enacted,  etc.,  as  follows: 

The  board  of  natural  resources,  on  behalf  of  the  common- 
wealth, is  hereby  authorized  and  directed  to  convey  by  a 
sufficient  deed,  approved  as  to  its  form  by  the  attorney 
general,  to  the  Martha's  Vineyard  regional  school  district 
for  school  purposes,  not  more  than  fifteen  acres  of  land  ad- 
jacent to  land  to  be  acquired  by  said  district  on  the  southerly 
side  of  the  Edgartown-Tisbury  highway,  and  to  be  conveyed 
to  said  district  by  metes  and  bounds  as  approved  by  the 
commissioner  of  natural  resources.  If  the  authority  given 
under  this  act  is  not  exercised  within  five  years  of  its  effective 
date,  such  authority  shall  terminate.  In  the  event  that  said 
land  ceases  to  be  used  for  the  purposes  named  herein  for  a 
period  of  five  years,  said  land  shall  revert  to  the  board  of 
natural  resources.  Approved  May  26,  1951. 

ChapAS4:  An  Act  increasing  the  salary  of  the  chairman  of  the 

MILK   CONTROL    COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

EdV2J^''  T^^  third  paragraph  of  section  7  of  chapter  20  of  the 

$7.  etc.,"  General  Laws,  as  appearing  in  section  1  of  chapter  604  of 

amended.  ^^^  ^^^^  ^£  1953,  is  hereby  amended  by  striking  out,  in  lines 

3  and  4,  the  words  "two  thousand  five  hundred"  and  in- 
serting in  place  thereof  the  words:  —  four  thousand, — so 
that  the  second  sentence  will  read  as  follows:  —  He  shall 
Salary.  Tcceive  an  annual  salary  of  four  thousand  dollars  and  his 

actual  expenses  for  travel  between  his  home  and  the  office 
of  the  commission  and  for  all  other  necessary  travel  in  the 
performance  of  his  duties.  Approved  May  26,  1954- 


Acts,  1954. —  Chaps.  485,  486.  411 


An  Act  inceeasing  the  amount  of  funds  which  may  ChapA85 

BE    BORROWED    FOR    THE    PURPOSES    OF    THE    BURLINGTON 
WATER   DISTRICT   IN   THE   TOWN    OF   BURLINGTON. 

Be  it  enacted,  etc.,  asfolloios: 

Section  1.  Section  4  of  chapter  635  of  the  acts  of  1949 
is  hereby  amended  by  striking  out,  in  Hne  5,  the  word  "three " 
and  inserting  in  place  thereof  the  word:  —  five,  —  so  as  to 
read  as  follows:  —  Section  4-  For  the  purpose  of  paying 
the  necessary  expenses  and  liabiHties  incurred  under  this 
act,  other  than  expenses  of  maintenance  and  operation,  the 
district  may  borrow  from  time  to  time  such  sums  as  may 
be  necessary,  not  exceeding,  in  the  aggregate,  five  hundred 
thousand  dollars,  and  may  issue  bonds  or  notes  therefor, 
which  shall  bear  on  their  face  the  words,  Burlington  Water 
District  Loan,  Act  of  1949.  Each  authorized  issue  shall 
constitute  a  separate  loan,  and  such  loans  shall  be  payable 
in  not  more  than  thirty  years  from  their  dates.  Indebted- 
ness incurred  under  this  act  shall  be  subject  to  the  provisions 
of  chapter  forty-four  of  the  General  Laws  pertaining  to  such 
districts. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  Burlington 
Water  District  at  a  district  meeting  held  before  September 
first  in  the  current  year.  Approved  May  26,  195 1^. 

An  Act  requiring  the  commissioner  of  banks  to  pre-  C^ap.486 

PARE   A   list   of   STOCKS   WHICH   ARE   LEGAL   INVESTMENTS 
OF   SAVINGS   BANKS. 

Be  it  enacted,  etc.,  as  follows: 

Clause  Fifteenth  of  section  54  of  chapter  168  of  the  General  g^L.  (Xer. 
Laws  is  hereby  amended  by  striking  out  subdivision  (a),  §54,' etc' 
as  most  recently  amended  by  section  10  of  chapter  215  of  a^^^nded. 
the  acts  of  1943,  and  inserting  in  place  thereof  the  following 
subdivision :  — 

(a)  Annually,  not  later  than  July  first,  the  commissioner  preparation 
shall  prepare  a  list  of  all  stocks,  bonds,  notes,  and  interest  commTsdoner 
bearing  obligations  which  are  then  legal  investments  under  f/g^^PfJ°r®^ 
any  provision  of  clauses  Second,  Second  A,  Third,  Third  A,  vestments 
Fifth,  Fifth  A,  Fifth  B,  Sixth,  Sixth  A,  Seventh,  Seventh  B,  (,°Xy'°«' 
Seventh  C,  paragraph  (1)  of  subdivision  (c)  of  clause  Ninth,  required, 
clause  Tenth,  and  subdivision  (c)  of  clause  Fifteenth.    Said 
fist  shall  at  all  times  be  open  to  public  inspection  and  a  copy 
thereof  shall  be  sent  to  every  savings  bank  and  to  every 
trust  company  having  a  savings  department.     In  the  prep- 
aration of  any  hst  hereunder  which  the  commissioner  is 
required  to  prepare  or  furnish,  he  may  employ  such  expert 
assistance  as  he  deems  proper  or  may  rely  upon  information 
contained  in  publications  which  he  deems  authoritative  in 
reference  to  such  matters;   and  he  shall  be  in  no  way  held 
responsible  or  liable  for  the  omission  from  such  list  of  the 


412 


Acts,  1954. —  Chap.  487. 


name  of  any  state  or  political  subdivision  thereof,  or  corpo- 
ration, the  stocks,  bonds,  notes  or  other  interest  bearing 
obligations  of  which  conform  to  this  section,  or  of  any  stocks, 
bonds,  notes  or  other  interest  bearing  obligations  which  so 
conform,  nor  shall  he  be  held  responsible  or  liable  for  the 
inclusion  in  such  list  of  any  such  names  or  stocks,  bonds, 
notes  or  other  interest  bearing  obligations  which  do  not  so 
conform.  Approved  May  26,  1954- 


ChapASl  An  Act  relative  to  liens  for  water  rates  and  charges. 


G.  L.  (Ter. 
Ed.),  40. 
§  42A.  etc., 
amended. 


Water  rates 
and  charges, 
when  to  be 
lien  upon 
real  estate. 


G.  L.  (Ter. 
Ed.),  40, 
§§  42B,  42C, 
42D,  etc., 
amended. 

Lien,  when  to 
take  effect. 


Dissolution 
of  lien. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  42A  of  chapter  40  of  the  General 
Laws,  as  most  recently  amended  by  section  1  of  chapter  380 
of  the  acts  of  1941,  is  hereb}'-  further  amended  by  striking 
out  the  first  three  sentences  and  inserting  in  place  thereof 
the  following  two  sentences:  —  If  the  rates  and  charges  due 
to  a  city,  town  or  water  district,  which  accepts  this  section 
and  sections  forty-two  B  to  forty-two  F,  inclusive,  by  vote 
of  its  city  council  or  of  the  voters  in  town  or  district  meeting 
and,  by  its  clerk,  files  a  certificate  of  such  acceptance  in  the 
proper  registry  of  deeds,  for  supplying  or  providing  for  water 
or  rendering  service  or  furnishing  materials  in  connection 
therewith  to  or  for  any  real  estate  at  the  request  of  the 
owner  or  tenant  are  not  paid  on  or  before  their  due  date  as 
established  by  local  regulations,  ordinances  or  by-laws,  which 
due  dates  shall  be  so  established  as  to  require  payments  at 
least  as  often  as  semi-annually,  such  rates  and  charges, 
together  with  interest  thereon  and  costs  relative  thereto, 
shall  be  a  hen  upon  such  real  estate  as  provided  in  section 
forty-two  B.  The  register  of  deeds  shall  record  such  certifi- 
cate of  acceptance  in  a  book  to  be  kept  for  the  purpose, 
which  shall  be  kept  in  an  accessible  location  in  the  registry. 

Section  2.  Said  chapter  40  is  hereby  further  amended 
by  striking  out  sections  42B,  42C  and  42D,  as  amended,  and 
inserting  in  place  thereof  the  following  three  sections:  — 
Section  42B.  Such  hen  shall  take  effect  by  operation  of  law 
on  the  day  immediately  following  the  due  date  of  such  rate 
or  charge  and,  unless  dissolved  by  payment  or  abatement, 
shall  continue  until  such  rate  or  charge  has  been  added  to  or 
committed  as  a  tax  under  section  forty-two  C,  and  thereafter, 
unless  so  dissolved,  shall  continue  as  provided  in  section 
thirty-seven  of  chapter  sixty,  except  that  the  date  pro- 
vided for  termination  of  the  lien  in  case  of  a  recorded  aUena- 
tion  shall  be  at  the  expiration  of  two  years  from  October 
first  of  the  year  of  such  addition  or  committal.  Anything 
in  this  section  to  the  contrary  notwithstanding,  if  any  such 
rate  or  charge  is  not  added  to  or  committed  as  a  tax  under 
section  forty-two  C  on  or  before  December  thirty-first 
of  the  year  immediately  following  the  j'^ear  in  which  such 
rate  or  charge  becomes  due,  the  lien  for  such  rate  or  charge 
shall  terminate  on  October  first  of  the  third  year  following  the 
year  in  which  such  rate  or  charge  becomes  due. 


Acts,  1954. —  Chap.  487.  413 

Notwithstanding  such  lien  any  such  overdue  rate  or  charge  shutting  off 
may  be  collected  through  any  legal  means,  including  the  per^^^. 
shutting  off  of  water,  which  may  be  deemed  advisable;  pro- 
vided, that  after  the  termination  of  such  a  lien,  no  city, 
town  or  water  district  shall  attempt  to  enforce,  by  shutting 
off  the  water,  collection  of  such  rate  or  charge  from  any  per- 
son, not  liable  therefor,  who  has  succeeded  to  the  title  or 
interest  of  the  person  incurring  such  rate  or  charge.  All 
such  rates  and  charges  excluded  by  court  decree  under  sec- 
tion seventy-six  B  of  chapter  sixty  shall,  to  the  extent  that 
they  were  properly  chargeable  to  the  person  owning,  or  to 
the  tenant  occupying,  the  premises  for  which  such  rates  and 
charges  were  incurred,  be  recoverable  from  such  person  or 
tenant,  as  the  case  may  be,  in  an  action  of  contract  or  other- 
wise. If  at  the  time  of  the  entry  of  such  decree  such  person 
or  tenant  is  still  the  owner  or  tenant  of  the  premises,  whether 
through  redemption  or  otherwise,  such  rates  and  charges  to 
the  extent  that  they  were  properly  chargeable  to  him,  may 
be  enforced  in  any  other  manner  provided  or  available  for 
collection  and  enforcement  of  water  rates  and  charges. 

Section  4^C.     If  a  rate  or  charge  for  which  a  lien  is  in  Duties  of 
effect  under  section  forty-two  B  has  not  been  added  to  or  case^oT^  "^ 
committed  as  a  tax  and  remains  unpaid  when  the  assessors  ^ppP^'^j^tg 
are  preparing  a  real  estate  tax  list  and  warrant  to  be  com- 
mitted by  them  under  section  fifty-three  of  chapter  fifty- 
nine,  the  board  or  officer  in  charge  of  the  water  department 
shall  certify  such  rate  or  charge  to  the  assessors,  who  shall 
forthwith  add  such  rate  or  charge  to  the  tax  on  the  property 
to  which  it  relates  and  commit  it  with  their  warrant  to 
the  collector  of  taxes  as  a  part  of  such  tax.    If  the  property 
to  which  such  rate  or  charge  relates  is  tax  exempt,  such  rate 
or  charge  shall  be  committed  as  the  tax. 

Section  4^D.  Except  as  otherwise  provided,  the  provi-  ^^.^P^^f^^  ^^ 
sions  of  chapters  fifty-nine  and  sixty  shall  apply,  so  far  as  bear  interest, 
pertinent,  to  all  rates  and  charges  certified  to  the  assessors  ®*°- 
under  section  forty-two  C.  Without  limiting  the  generality  of 
the  foregoing,  upon  commitment  as  a  tax  or  part  of  a  tax 
under  section  forty-two  C,  all  such  rates  and  charges  shall 
be  subject  to  the  provisions  of  law  relative  to  intercwst  on  the 
taxes  of  which  they  become,  or,  if  the  property  were  not  tax 
exempt  would  become,  a  part;  and  the  collector  of  taxes 
shall  have  the  same  powers  and  be  subject  to  the  same  duties 
with  respect  to  such  rates  and  charges  as  in  the  case  of  annual 
taxes  upon  real  estate,  and  the  provisions  of  law  relative  to 
the  collection  of  such  annual  taxes,  the  sale  or  taking  of  land 
for  the  non-payment  thereof  and  the  redemption  of  land  so 
sold  or  taken  shall,  except  as  otherwise  provided,  apply  to 
such  rates  and  charges. 

Section  2A.    The  fifth  sentence  of  section  23  of  chapter  g  l.  (Xer. 
60  of  the  General  Laws,  inserted  by  section  3  of  chapter  478  §23,' etc., 
of  the  acts  of  1943,  is  hereby  amended  by  striking  out,  in  amended. 
lines  15  and  16,  the  words  "of  this  chapter  or  section  forty- 
two  B  of  chapter  forty". 


414  Acts,  1954.  —  Chaps.  488,  489. 

dftes*'^^  Section  3.    This  act  shall  take  effect  on  January  first, 

nineteen  hundred  and  fifty-five.  Sections  forty-two  A  to 
forty-two  F,  inclusive,  of  chapter  forty  of  the  General  Laws, 
as  amended  or  affected  by  this  act,  shall  continue  to  apply, 
without  further  acceptance,  to  all  cities,  towns,  water  dis- 
tricts and  fire  districts  supplying  water  to  which  said  sec- 
tions applied  immediately  prior  to  said  effective  date.  Said 
sections,  as  amended  or  affected  by  this  act,  shall  also  apply 
to  all  cities,  towns,  water  districts  and  fire  districts  author- 
ized to  supply  water  which  after  said  date  accept  said  sec- 
tions, and  file  a  certificate  of  such  acceptance  in  the  proper 
registry  of  deeds,  as  provided  in  said  section  forty-two  A,  as 
amended  by  section  one  of  this  act,  or  which,  having  accepted 
said  sections  prior  to  said  date,  thereafter  file  such  certificate 
as  so  provided.  Said  sections,  as  in  effect  immediately  prior 
to  the  effective  date  of  this  act,  shall  continue  in  effect  in 
cities,  towns,  water  districts  and  fire  districts  to  which  they 
applied  and  govern  the  liens  thereof  for  water  rates  and 
charges  having  a  due  date  prior  to  January  first,  nineteen 
hundred  and  fifty-five;  and  said  sections,  as  amended  or 
affected  by  this  act,  shall  not  apply  to  water  rates  and  charges 
having  such  a  due  date.  Approved  May  26,  195J^. 

ChapA88  An  Act  providing  for  an  additional  assistant  district 

ATTORNEY    FOR   THE   SUFFOLK   DISTRICT. 

Be  it  enacted,  etc.,  as  folloivs: 

Edt'iJ"'  Section  1.    Section  14  of  chapter  12  of  the  General  Laws 

i  14,'  etc..         is  hereby  amended  by  striking  out,  in  line  5,  as  appearing 
amended.         -^  gectiou  2  of  chapter  423  of  the  acts  of  1948,  the  word 
"twelve"  and  inserting  in  place  thereof  the  word:  —  thir- 
teen. 
Ed^iJ"'  Section  2.     Section  16  of  said  chapter  12,  as  most  re- 

§16.' etc.,         cently  amended  by  section  2  of  chapter  804  of  the  acts  of 
amended.  ^g^^^  -^  ]^gj.gby  furthcr  amended  by  striking  out,  in  line  7, 

the  word  "four"  and  inserting  in  place  thereof  the  word:  — 
five.  Approved  May  26,  1951^. 

ChapAS^  An  Act  regulating  the  working  hours  of  the  uniformed 

BRANCH   OF   THE   STATE   POLICE. 

Be  it  enacted,  etc.,  asfolloios: 

Ed^'iJ*'^'  Section  1.     Chapter  22  of  the  General  Laws  is  hereby 

§  9D.  et'c.        amended  by  striking  out  section  9D,  as  amended  by  chapter 
amended.         ^g^  ^^  ^^^  ^^^^  ^^  j^g^g^  ^^^  inserting  in  place  thereof  the 

^u'^fOTmed"  following  scctiou :  —  Section  9D.  All  members  of  the  uni- 
branch  of  the  formed  branch  of  the  state  police  appointed  under  section 
IstabUshed^.'  nine  A  shall  be  given  two  days  off  in  each  eight,  and  the 
commissioner,  with  the  approval  of  the  governor,  may 
grant  further  time  off  to  such  members,  in  every  instance 
without  loss  of  compensation.  Each  day  off  shall  consist 
of  at  least  thirty-nine  consecutive  hours,  and  shall  commence 


Acts,  1954.  —  Chaps.  490,  491,  492.  415 

at  five  o'clock  post  meridian,  or  at  the  end  of  the  officer's 
tour  of  duty  if  earlier  than  five  o'clock  post  meridian,  and 
shall  be  granted  so  as  to  provide  an  interval  of  not  less  than 
two  nor  more  than  four  days  between  days  off.  The  com- 
missioner may,  in  case  of  any  public  emergency,  or  of  any 
unusual  demand  for  the  services  of  the  members  of  the  divi- 
sion of  state  police,  prevent  any  member  of  the  division 
from  taking  the  day  off  at  the  time  when  he  is  entitled  thereto, 
or  at  the  time  assigned  therefor;  provided,  that  such  day  off 
shall  be  granted  to  him  as  soon  thereafter  as  is  practicable. 

Section  2.     This  act  shall  take  effect  on  January  first,  fft|°*^^^ 
nineteen  hundred  and  fifty-five. 

Approved  May  26,  1954. 


An  Act  relative  to  the  returns  for  taxation  purposes  Chap .490 

BY   TELEPHONE    COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Subdivision  (4)  of  section  52A  of  chapter  63  of  the  Gen-  g.  l.  (Ter. 
eral  Laws  is  hereby  amended  by  striking  out  clause  Fifth  f  52Af^' 
and  inserting  in  place  thereof  the  following  clause: —  amended. 

Fifth.  —  If  the  return  is  by  a  telephone  corporation  doing  certain 
business  both  within  and  without  the  commonwealth,  the  [eSon^e^ 
number  of  telephones  used  or  controlled  by  it  within  the  companies. 
commonwealth  and  the  total  number  of  telephones  used  or 
controlled  by  it,  as  at  the  end  of  the  taxable  year,  or  such 
other  information  as  the  commissioner  may  require  when 
the  telephone  instrument  formula  is  inapplicable. 

In  the  event  a  tentative  return  is  so  made,  a  final  return 
shall  be  made  on  or  before  the  tenth  day  of  October  of  the 
same  year.  Approved  May  26,  1954. 


regulated. 


Chap.idl 


An  Act  providing  for  the  abolition  by  the  depart- 
ment OF  PUBLIC  WORKS  OF  THE  GRADE  CROSSING  OVER 
the  boston  AND  MAINE  RAILWAY  AT  MOODY  AND  CARTER 
STREETS    IN   THE    CITY    OF   WALTHAM. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  public  works  is  hereby  authorized  and 
directed  to  abolish  the  grade  crossing  over  the  Boston  and 
Maine  Railway  at  Moody  and  Carter  streets  in  the  city  of 
Waltham.  Approved  May  26,  1954- 


An  Act  authorizing  certain  retired  persons  and  those  Char).4!^2 

CLAIMING    UNDER   THEM   TO   WAIVE   THEIR    RIGHTS    TO   ANY 
portion  of  THEIR  RETIREMENT  ALLOWANCES. 

Whereas,    The  deferred  operation  of  this  act  would  tend  ^^l]llf°^ 
to  defeat  its  purpose,  which  is  to  permit  at  once  persons 
receiving  pensions  to  waive  certain  rights  therein,  therefore 


416 


Acts,  1954. —  Chap.  493. 


G.  L.  (Ter. 
Ed.).  32.  §  5. 
amended. 


Waiver  of 
certain  state 
retirement 
benefits, 
authorized. 


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

Be  it  enacted,  etc.,  as  folio los: 

Subdivision  (2)  of  section  5  of  chapter  32  of  the  General 
Laws  is  hereby  amended  by  adding  at  the  end  thereof  the 
following  paragraph:  — 

(g)  Any  member  in  service  retired  for  superannuation  or 
any  person  claiming  under  any  such  retired  employee 
whether  as  beneficiary,  dependent  or  otherwise,  may  waive 
and  renounce  for  himself,  his  heirs  and  legal  representatives 
any  portion  of  the  pension  due  him  from  the  commonwealth 
of  Massachusetts,  or  any  of  its  political  subdivisions,  on 
account  of  service  rendered.  Approved  May  27,  1954. 


ChapAQS  An  Act  to  indemnify  the  commonwealth  and  cities  and 

TOWNS  THEREOF   IN   CERTAIN   VETERANS'    BENEFITS   CASES. 


Emergency 
preamble. 


G.  L.  (Tor. 

Ed.),  115, 
{  5,  etc., 
amended. 

Public  indem- 
nification for 
granting  of 
certain  vet- 
erans' benefits, 
provided. 


Establishment 
of  lien. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  provide  immediately  for 
indemnification  to  the  commonwealth  and  cities  and  towns 
thereof  in  certain  veterans'  benefits  cases,  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  5  of  chapter  115  of  the  General  Laws  is  hereby 
amended  by  adding  at  the  end  of  the  fourth  paragraph,  as 
appearing  in  section  2  of  chapter  535  of  the  acts  of  1948,  the 
following  two  sentences:  —  In  the  event  that  the  necessity 
for  the  granting  of  veterans'  benefits  to  any  veteran  or  any 
dependent  of  a  veteran  is  caused  by  unemployment,  accident 
or  illness  of  or  to  such  veteran  or  dependent  and  monetary 
remuneration  is  provided  therefor  whether  by  workmen's 
compensation,  accident  or  health  insurance,  or  otherwise,  or 
by  legal  responsibility  of  a  tortfeasor  liable  for  financial 
damages  to  such  veteran  or  dependent  therefor,  the  vet- 
erans' agent  or  the  commissioner  may  require  such  veteran 
or  dependent  to  assign  to  him  the  whole  or  any  portion  of 
the  financial  proceeds  to  be  realized  from  such  workmen's 
compensation,  accident  or  health  insurance,  or  otherwise,  or 
the  whole  or  any  portion  of  the  financial  damages  to  be  re- 
covered from  such  tortfeasor  whether  by  settlement,  arbi- 
tration, court  action,  or  otherwise.  Such  assignment  shall 
operate  as  a  lien  on  such  financial  proceeds  or  financial 
damages  to  an  amount  equivalent  to  the  total  expenditures 
of  veterans'  benefits  allowed  to  such  veteran  or  dependent, 
and  said  lien  may  be  enforced  by  petition  to  the  district 
court  within  the  jurisdiction  of  which  the  city  or  town  of 
payment  is  located.  Approved  May  27,  1954. 


Acts,  1954.  —  Chaps.  494,  495  417 

An  Act  validating  the  acts  and  proceedings  at  an  ChavA9^ 

ADJOURNED  ANNUAL  TOWN  MEETING  OF  THE  TOWN  OF 
DEDHAM  HELD  IN  THE  YEAR  NINETEEN  HUNDRED  AND 
FIFTY-FOUR. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  acts  and  proceedings  of  the  town  of 
Dedham  at  the  adjourned  sessions  of  the  annual  town  meet- 
ing held  in  the  year  nineteen  hundred  and  fifty- four,  and  all 
acts  done  in  pursuance  thereof,  are  hereby  confirmed  and 
made  valid,  notwithstanding  the  inadequacies  of  the  notice 
of  adjournments  as  required  by  section  three  of  chapter 
three  hundred  and  fifty-eight  of  the  acts  of  nineteen  hun- 
dred and  twenty-six,  as  amended,  to  the  same  extent  as  if 
the  said  adjourned  sessions  had  been  called,  held,  conducted 
and  adjourned  in  strict  compliance  with  law. 

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

Approved  May  27,  1951^. 

An  Act  relating  to  the  location  of  the  refuse  dis-  (7/iai0.495 

POSAL  INCINERATOR  TO  BE  CONSTRUCTED  IN  THE  CITY  OF 
BOSTON    BY  THE   METROPOLITAN   DISTRICT   COMMISSION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  9A  of  chapter  92  of  the  General  ^doJ?'' 
Laws,  inserted  by  section  1  of  chapter  559  of  the  acts  of  §  q'a',  etc., 
1952,  is  hereby  amended  by  striking  out  the  first  sentence  ^™^'^'^®'^- 
and  inserting  in  place  thereof  the  following  sentence:  —  The  Location  of 
commission  shall  construct,  maintain  and  operate,  at  the  faapos^r^"^^ 
existing  dump  on  Grove  street  in  the  town  of  Watertown,  [^"Jt'^^TueT' 
provided  said  town  of  Watertown  accepts  this  section,  on 
the  wastelands  in  the  vicinity  of  the  line  between  the  city 
of  Revere  and  the  town  of  Saugus.  on  the  banks  of  the 
Neponset  river  off  Granite  avenue  in  the  town  of  Milton,  in 
the  vicinity  of  the  Mystic  Valley  parkway  in  the  city  of 
Medford,  and  in  such  places  in  the  city  of  Boston  as  the 
city  council  of  said  city,  subject  to  the  provisions  of  the 
charter  of  said  city,  shall  approve,  such  refuse  disposal  in- 
cinerators as  shall  be  required  to  provide  adequate  disposal 
facilities  for  such  of  the  cities  of  Boston,  Chelsea,  Everett, 
Lynn,  Maiden,  Medford,  Quincy,  Revere  and  Somerville  and 
of  the  towns  of  Arlington.   Belmont,   Lexington,   Milton, 
Nahant,  Swampscott,  Watertown  and  Winthrop  as  accept 
this  section;    provided,  however,  that  the  proposed  incin- 
erator shall  not  be  located  in  the  Cummins  Higiiway  sec- 
tion of  the  city  of  Boston. 

Section  2.  Said  chapter  559  is  hereby  amended  by  strik- 
ing out  section  3  and  inserting  in  place  thereof  the  following: 
—  Section  3.  No  incinerator,  unless  constructed  at  a  place 
in  the  city  of  Boston  approved  by  the  city  council  of  said 
city  as  provided  in  section  nine  A  of  chapter  ninety-two  of 
the  General  Laws,  shall  be  constructed  under  the  provisions 
of  this  act  in  any  city  or  town  until  approval  has  been 


418  Acts,  1954.  — Chaps.  496,  497. 

granted  by  the  city  council  and  mayor  of  the  city  or  the 
selectmen  of  the  town. 

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

Approved  May  27,  19 5 1^. 

ChapA9Q  An  Act  relative  to  the  continuation  of  rent  control. 

prTrmbre!^  Whereas,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose  which  is  to  clarify  the  provisions  of  law 
for  continuing  after  June  thirtieth  in  the  current  year  an 
act  relative  to  rent  control  passed  in  the  year  nineteen  hun- 
dred and  fifty-three,  therefore  this  act  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  14  of  chapter  434  of  the  acts  of  1953 
is  hereby  amended  by  striking  out  the  first  sentence  and 
inserting  in  place  thereof  the  following  sentence;  —  This 
act  and  all  powers  delegated  herein  shall  terminate  on  June 
thirtieth,  nineteen  hundred  and  fifty-four;  provided,  how- 
ever, that  any  city  or  town  in  which  rent  controls  are  in 
effect  may  vote  to  continue  the  provisions  of  this  act  in 
accordance  with  section  twelve  for  an  added  period  not 
exceeding  nine  months  from  said  June  thirtieth. 

Section  2.  This  act  shall  take  effect  as  of  the  effective 
date  of  chapter  four  hundred  and  thirty-four  of  the  acts  of 
nineteen  hundred  and  fifty-three,  and  to  the  fullest  possible 
extent  shall  be  construed  as  declaratory  of  the  provisions  of 
said  chapter  four  hundred  and  thirty-four. 

Approved  May  27,  195 J^. 

ChapA97  An  Act  authorizing  the  town  of  billerica  to  reim- 
burse certain  taxes  erroneously  assessed  and  col- 
lected FROM  ISABELLE  A.   AND  OWEN  K.   McGUIRE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Billerica  is  hereby  authorized 
to  appropriate  and  pay  to  Thomas  K.  McGuire,  admin- 
istrator of  the  estates  of  Isabelle  A.  McGuire  and  Owen  K. 
McGuire,  the  sum  of  two  hundred  and  fifty  dollars  in  re- 
imbursement of  taxes  assessed  and  collected  by  said  town 
of  Billerica  from  said  Isabelle  A.  and  Owen  K.  McGuire 
commencing  in  the  year  nineteen  hundred  and  twelve  upon 
certain  real  estate  located  in  said  town  of  Billerica  which 
was  erroneously  assessed  to  said  Isabelle  A.  and  Owen  K. 
McGuire. 

Section  2.  Any  action  taken  by  the  town  of  Billerica 
at  a  town  meeting  during  the  current  year  pursuant  to 
authority  contained  in  section  one  of  this  act  shall  be  as 
valid  and  effective  as  though  this  act  were  in  effect  at  the 
time  of  the  posting  of  the  warrant  for  said  town  meeting. 

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

Approved  May  27,  1954. 


Acts,  1954.  —  Chap.  498.  419 

An  Act  to  authorize  fire  district  number  two  in  the  ChapA9S 

TOWN  OF  SOUTH  HADLEY  TO  EXTEND  ITS  LIMITS. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  limits  of  Fire  District  Number  Two  in 
the  Town  of  South  Hadley,  as  estabhshed  under  chapter  two 
hundred  and  thirty-nine  of  the  acts  of  nineteen  hundred  and 
nine,  and  as  extended  by  chapter  eighty-two  of  the  acts  of 
nineteen  hundred  and  thirty-one,  and  chapter  one  hundred 
and  twenty-seven  of  the  acts  of  nineteen  hundred  and  forty- 
nine,  are  hereby  further  extended  to  include  the  territory 
lying  in  the  town  of  Granby  in  the  county  of  Hampshire, 
bounded  and  described  as  follows:  —  Beginning  at  a  point 
on  the  northerly  side  of  Amherst  road  (known  as  Massachu- 
setts Highway  No.  116),  at  the  Granby-South  Hadley  town 
line,  said  point  being  also  the  intersection  of  the  westerly 
side  of  the  old  County  road  and  the  Amherst  road;  thence 
northerly  along  the  westerly  side  of  the  old  County  road 
to  a  point;  thence  crossing  said  old  County  road  to  land 
owned  by  Notch  Machine  and  Lumber  Company,  Inc.; 
thence  continuing  easterly  along  land  of  Notch  Machine 
and  Lumber  Company,  Inc.  and  along  the  northerly  line 
of  land  owned  by  Stanley  J.  Levreault  and  Bernadette 
Levreault  to  the  northerly  Hne  of  Amherst  road;  thence 
running  easterly  across  Amherst  road  and  continuing  east- 
erly in  a  line  which  is  a  continuation  of  said  Levreault's 
northerly  hne  for  a  distance  of  five  hundred  eighty-three 
feet;  thence  southwesterly  in  a  line  parallel  with  Amherst 
road  to  Batchelor  brook;  thence  continuing  southerly  along 
said  Batchelor  brook  to  the  line  of  Fire  District  Number 
Two  in  the  Town  of  South  Hadley;  thence  following  the 
easterly  and  southerly  line  of  Fire  District  Number  Two 
in  the  Town  of  South  Hadley  to  the  south  side  of  Amherst 
road;  thence  crossing  said  Amherst  road  and  running  east- 
erly on  the  northerly  side  of  Amherst  road  to  the  point  of 
beginning. 

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

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


420  Acts,  1954.  —  Chaps.  499,  500. 

be  assessed,  collected  and  deposited  in  accordance  with  the 
provisions  of  chapter  five  hundred  and  twenty-nine  of  the 
acts  of  nineteen  hundred  and  nine. 

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

Ay-proved  May  27,  1954. 

Chap.4Q9  An  Act  authorizing  the  new  Bedford,  woods  hole, 
Martha's  vineyard  and  nantucket  steamship  au- 
thority TO  INSURE  ITS  EMPLOYEES  UNDER  THE  MASSA- 
CHUSETTS   EMPLOYMENT   SECURITY    LAW. 

Be  it  enacted,  etc.,  as  follows: 

The  New  Bedford,  Woods  Hole,  Martha's  Vineyard  and 
Nantucket  Steamship  Authority  is  hereby  authorized  to 
insure  its  employees  under  the  provisions  of  the  Employ- 
ment Security  Law  and  to  become  liable  for  payments 
instead  of  contributions  as  provided  in  subsection  (o)  of 
section  fourteen  of  chapter  one  hundred  and  fifty-one  A 
of  the  General  Laws.  Approved  May  27,  195 Jf. 

Chap. 500  An  Act  providing  for  the  division  of  ward  six  into  two 

WARDS  AND  INCREASING  TO  EIGHT  THE  NUMBER  OF  WARDS 
IN   THE    CITY    OF   MALDEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  Notwithstanding  any  provision  of  chapter 
one  hundred  and  sixty-nine  of  the  acts  of  eighteen  hundred 
and  eighty-one,  or  amendments  thereof,  the  present  terri- 
tory comprising  ward  six  in  the  city  of  Maiden  shall  be 
divided  into  two  wards,  so  that  they  shall  contain,  as  nearly 
as  may  be  consistent  with  well  defined  limits  to  each  of  said 
wards,  an  equal  number  of  voters.  Said  wards  shall  be 
designated  by  the  city  council  as  ward  six  and  ward  eight. 

Section  2.  The  city  council  shall,  as  soon  as  may  be 
after  the  acceptance  of  this  act  as  provided  in  section  three, 
and  not  later  than  December  in  the  current  year,  make  a 
redivision  of  said  ward  six  into  wards  six  and  eight  as  herein- 
before provided,  and  voting  precincts  as  provided  in  sections 
one  and  two  of  chapter  fifty-four  of  the  General  Laws.  For 
all  elections,  preliminary  elections  and  primaries  held  in 
said  city  after  ward  six  has  been  redivided  into  wards  six 
and  eight,  as  hereinbefore  provided,  and  prior  to  the  first 
biennial  state  election  at  which  representatives  are  to  be 
elected  from  new  representative  districts  established  under 
the  provisions  of  the  constitution,  ward  six  as  existing 
previous  to  such  redivision  shall  continue  and  for  all  such 
purposes  the  election  officers  shall  be  appointed  and  hold 
office  and  voting  lists  shall  be  prepared  and  all  other  things 
required  by  law  shall  be  done  as  if  there  had  been  no  such 
redivision;  provided,  that  the  city  council  may  for  the 
purposes  of  any  municipal  election  held  prior  to  said  state 
election,  order  that  the  new  wards  six  and  eight  shall  be  in 


Acts,  1954. —  Chaps.  501,  502. 


421 


effect  and  thereupon  the  mayor  of  said  city  may  make  such 
adjustments  in  the  personnel  and  assignments  of  election 
officers  as  may  be  necessary. 

Section  3.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Maiden  at  the  biennial 
state  election  in  the  current  j'ear  in  the  form  of  the  following 
question,  which  shall  be  placed  upon  the  ofhcial  ballot  to 
be  used  in  said  city  at  said  election:  —  "Shall  an  act  passed 
by  the  General  Court  in  the  current  year  providing  for  the 
division  of  ward  six  into  two  wards  and  increasing  to  eight 
the  number  of  wards  in  the  city  of  Maiden,  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  May  S7,  195 If. 

An   Act   relative   to   the   renewal   fees   of   certain  (7/ja7).501 

LICENSES     ISSUED     BY    THE    BOARD     OF    REGISTRATION    OF 
HAIRDRESSERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  87CC  of  chapter  112  of  the  General  Law^s  is  hereby  g  l.  (Ter. 
amended  bv  striking  out  the  schedule,  as  amended  by  sec-  §  87cc,  etc., 
tion  2  of  chapter  537  of  the  acts  of  1953,  and  inserting  in  «'nended. 
place  thereof  the  following  schedule :  — 


School 

Beauty  shop 

Manicure  shop 

Hairdressers' 

Hairdressers' 

Hairdressers  (non-residents) 

Operators 

Operators  (re-examlnation) 

Operators  (non-residents) 

Manicurist 

Manicurist,  re-examination 

Manicurist  (non-residents) 

Instructors 

Instructors  (re-examination) 

Demonstrators 

Duplicate  certificate  of  registration,  $1.00. 
New  certificate  of  registration  to  registered  shop  owners 
upon  change  of  location,  $10.00. 


Original. 


Renewal. 


$50  00 
10  00 
10  00 

5  00 
10  00 
25  00 
10  00 

3  00 
20  00 

3  00 

2  00 

5  00 
15  00 
10  00 

6  00 


$25  00 

5  00 

6  00 
3  00 
3  00 
3  00 
3  00 
3  00 
3  00 
3  00 
3  00 
3  00 
3  00 
3  00 
3  00 


Schedule  of 
fees  for 
renewal  of 
licenses. 


'  $5.00  fee  on  hairdressers  apply  to  such  operators  who  have  paid  the  $10.00  fee  for 
examination  or  the  non-resident  operators  who  have  paid  the  $20.00  fee. 

*  $10.00  fee  on  hairdressers.  This  applies  to  such  operators  who  have  paid  only  $5.00 
for  the  operator's  examination,  or  a  $15.00  fee  for  the  non-resident  operator's  examination. 


Approved  May  27,  1954. 


An  Act  authorizing  the  town  of  Shrewsbury  to  con-  Chap.502 
struct  and  operate  a  system  of  sewerage  and  sewage 
disposal. 

Be  it  enacted,  etc.,  as  follows: 

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


422  Acts,  1954.  —  Chap.  502. 

system  or  systems  of  main  drains  and  common  sewers  for  a 
part  or  the  whole  of  its  territory,  with  such  connections  and 
other  works  as  may  be  required  for  a  system  or  systems  of 
sewerage,  inclusive  of  sewage  treatment  and  disposal,  and 
may  construct  such  sewers  or  drains  or  other  works  over  or 
under  land  or  waters  in  said  town,  and  in  the  town  of  North- 
borough,  as  may  be  necessary  to  construct  sewage  treatment 
works  and  to  conduct  and  discharge  treated  sewage  into  the 
Assabet  river  below  Hop  brook,  so  called,  in  the  town  of 
Northborough.  The  town  of  Shrewsbury,  for  the  said  pur- 
poses, may  make,  lay  and  maintain  in  said  town  such  drains 
as  it  deems  best;  and  for  the  purposes  aforesaid,  the  town 
may,  within  its  hmits  and  in  the  town  of  Northborough, 
make  and  maintain  subdrains,  and  with  the  approval  of  the 
department  of  pubHc  health  may  discharge  the  water  from 
such  subdrains  into  any  brook,  stream  or  watercourse 
within  the  town  of  Shrewsbury,  and  also  into  the  aforesaid 
Hop  brook  in  said  town  of  Northborough. 

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

Section  3.  The  town  may  at  the  meeting  when  this  act 
is  accepted,  or  at  any  subsequent  meeting,  as  hereinafter 
provided,  vote  to  authorize  the  town  manager  to  appoint  a 
board  of  three  sewer  commissioners  as  soon  as  practicable 
after  acceptance  of  the  act.  Said  board  shall  consist  of  three 
members,  who  shall  be  citizens  of  the  town,  one  of  whom 
shall  hold  office  until  the  next  annual  town  meeting,  one 
until  the  second  annual  town  meeting  and  one  until  the 
third  annual  town  meeting  following  their  respective  ap- 
pointments, and  until  their  successors  are  qualified,  and 
thereafter  at  each  annual  town  meeting,  the  town  manager 
shall  appoint  one  member  of  the  board  to  serve  for  three 
years  and  until  his  successor  is  qualified. 

Until  the  appointment  of  a  board  of  sewer  commissioners 
by  the  town  manager,  the  existing  sewerage  survey  commit- 
tee and  the  town  manager,  or,  in  the  absence  of  the  town 
manager,  the  chairman  of  the  board  of  selectmen  shall  act 
as  the  board  of  sewer  commissioners. 

The  town  manager  shall  appoint  at  any  town  meeting  not 
later  than  the  second  annual  meeting  after  the  commence- 
ment of  construction  hereunder  a  board  of  three  sewer  com- 
missioners as  herein  provided.  Nothing  in  this  act  shall 
vary  the  effect  of  chapter  five  hundred  and  fifty-nine  of  the 
acts  of  nineteen  hundred  and  fifty-three. 

Section  4  Until  the  board  of  sewer  commissioners  has 
been  appointed  as  provided  in  section  three,  but  in  no  event 
later  than  the  second  annual  meeting  after  the  commence- 
ment of  the  work  of  construction  authorized  hereby,  the 
town  may  carry  on  such  work  by  the  acting  board  of  sewer 
commissioners.     This  acting  board  shall  serve  without  pay 


Acts,  1954.  —  Chap.  502.  423 

and  shall  have  all  the  powers  and  authority  given  to  the 
board  of  sewer  commissioners  in  this  act  or  by  general  law. 
Whenever  the  phrase  "said  board  of  sewer  commissioners" 
or  "said  board"  hereinafter  occurs,  it  shall  mean  and  include 
the  board  of  sewer  commissioners,  or  the  survey  committee 
acting  as  such,  as  the  case  may  be. 

Section  5,  Said  board  of  sewer  commissioners,  acting 
for  and  on  behalf  of  said  town,  may  take  by  eminent  domain 
under  chapter  seventy-nine  of  the  General  Laws,  or  acquire 
by  purchase  or  otherwise,  any  lands,  water  rights,  rights  of 
way  or  easements,  public  or  private,  in  said  town,  and  in  the 
town  of  Northborough,  necessary  for  accomplishing  any  pur- 
pose mentioned  in  this  act,  and  may  in  said  town  and  in  the 
town  of  Northborough  construct  and  maintain  such  treat- 
ment works,  drains  and  sewers  and  subdrains  under  or  over 
any  land,  bridge,  watercourse,  railroad,  railway,  electric 
transmission  line,  private  way,  boulevard  or  other  public 
way,  or  within  the  location  of  any  railroad  or  electric  trans- 
mission hne  and  may  enter  upon  and  dig  up  any  private 
land,  public  land,  private  way,  public  way,  railroad  location 
or  electric  transmission  line  location  for  the  purpose  of  lay- 
ing such  drains  and  sewers  and  subdrains,  and  of  maintain- 
ing and  repairing  the  same,  and  may  do  any  other  thing 
proper  or  necessary  for  the  purposes  of  this  act;  provided, 
that  they  shall  not  take  in  fee  any  land  of  a  railroad  corpora- 
tion, or  land  of  an  electric  transmission  hne  corporation  and 
that  they  shall  not  enter  upon  or  construct  any  drain  or 
sewer  within  the  location  of  any  railroad  corporation  or 
within  the  location  of  any  electric  transmission  line  location 
except  at  such  time  and  in  such  manner  as  they  may  agree 
upon  with  such  corporation,  or  in  case  of  failure  to  agree, 
as  may  be  approved  by  the  department  of  pubhc  utihties; 
and  provided,  further,  that  they  shall  not  take  any  land  or 
easements  in  the  town  of  Northborough  except  such  as  may 
be  approved  by  the  department  of  pubhc  health. 

Section  6.  Any  person  injured  in  his  property  by  any 
action  of  said  board  of  sewer  commissioners  under  this  act 
may  recover  damages  from  said  town  under  said  chapter 
seventy-nine. 

Section  7.  The  town  shall  by  vote  determine  what  pro- 
portion of  the  cost  of  said  sj'^stera  or  systems  of  sewerage  and 
sewage  disposal  the  to^vn  shall  pay;  provided,  that  it  shall 
pay  not  less  than  one  fourth  nor  more  than  two  thirds  of  the 
whole  cost  of  said  system  or  systems  of  sewerage  and  sewage 
disposal.  In  providing  for  the  payment  of  the  remaining 
portion  of  the  cost  of  said  system  or  systems  of  sewerage  and 
sewage  disposal,  including  the  use  of  said  system  or  systems 
by  abutters  to  the  system  or  systems  of  sewerage  and  sewage 
disposal,  including  pubhc  and  private  institutions,  the  town 
may  avail  itself  of  any  or  all  of  the  methods  permitted  by 
the  General  Laws,  including  annual  charges,  as  provided  for 
in  section  sixteen  of  chapter  eighty-three  thereof,  which  may 
be  appUed  to  the  payment  of  the  cost  of  operation,  mainte- 


424  Acts,  1954. —  Chap.  502. 

nance  and  repairs  of  the  system  or  systems  of  sewerage  and 
sewage  disposal,  and  to  defray  also  such  portion  of  the  cost 
of  the  construction  of  said  system  or  systems  as  the  town 
shall  by  vote  determine.  The  charges  and  assessments  shall 
be  paid  by  every  person  or  institution  who  enters  his  or  its 
particular  sewer  into  the  system  or  systems  of  sewerage  and 
sewage  disposal  of  the  town.  The  provisions  of  said  General 
Laws  relative  to  the  assessment,  apportionment,  division, 
reassessment,  abatement  and  collection  of  sewer  assessments, 
to  hens  therefor  and  to  inteiest  thereon,  shall  apply  to 
assessments  and  annual  charges  made  under  this  act,  and 
the  interest  shall  be  at  the  rate  of  four  per  cent  per  annum. 
The  collector  of  taxes  of  said  town  shall  certify  the  payment 
or  payments  of  such  assessments  or  apportionments  thereof 
to  the  board  of  sewer  commissioners,  who  shall  preserve  a 
record  thereof. 

Section  8.  For  the  purpose  of  paying  the  necessary  ex- 
penses and  liabihties  incurred  under  this  act,  the  town  may 
borrow  such  sums  as  may  be  necessary,  not  exceeding,  in  the 
aggregate,  two  million  seven  hundred  and  fifty  thousand 
dollars,  and  may  issue  bonds  or  notes  therefor,  which  shall 
bear  on  their  face  the  words,  Shrewsbury  Sewerage  Loan, 
Act  of  1954.  Each  authorized  issue  shall  constitute  a  sepa- 
rate loan,  and  such  loans  shall  be  payable  in  not  more  than 
thirty  years  from  their  dates.  Indebtedness  incurred  under 
this  act  shall  be  in  excess  of  the  statutory  limit,  but  shall, 
except  as  provided  herein,  be  subject  to  chapter  forty-four 
of  the  General  Laws. 

Section  9.  The  board  of  sewer  commissioners  may,  in 
its  discretion,  prescribe  such  sewer  assessment  rates  and 
annual  rentals  or  charges  as  it  may  deem  proper,  subject, 
however  to  such  rules  and  regulations  as  may  be  fixed  by 
vote  of  the  town.  The  receipts  from  sewer  assessments  and 
annual  charges  and  from  payments  made  in  lieu  thereof 
shall  be  appropriated  for  and  applied  to  the  payment  of 
charges  and  expenses  incident  to  the  maintenance  and  oper- 
ation of  said  system  of  sewerage  and  sewage  disposal,  to  the 
payment  of  interest  upon  bonds  or  notes  issued  for  sewer 
purposes,  or  to  the  payment  of  redemption  of  such  bonds  or 
notes. 

Section  10.  All  contracts  made  by  the  board  of  sewer 
commissioners  shall  be  made  in  the  name  of  the  town  and 
shall  be  signed  by  the  board,  but  no  contracts  shall  be  made 
or  obligation  incurred  by  said  board  for  any  purpose  in  ex- 
cess of  the  amount  of  money  appropriated  by  the  town 
therefor. 

Section  11.  Said  board  may,  from  time  to  time,  prescribe 
rules  and  regulations  for  the  connection  of  estates  and  build- 
ings with  main  drains  and  sewers,  and  for  the  inspection  of 
the  materials,  the  construction,  alteration  and  use  of  all 
connections  and  drains  entering  into  such  main  drains  or 
sewers,  and  any  person  violating  any  such  rule  or  regulation 
shall  be  punished  by  a  fine  of  not  less  than  twenty  dollars 


Acts,  1954. —  Chaps.  503,  504.  425 

nor  more  than  five  hundred  dollars  for  each  violation.  Such 
rules  and  regulations  shall  be  published  at  least  once  a  week 
for  three  successive  weeks  in  some  newspaper  having  general 
circulation  in  the  town  of  Shrewsbury,  and  shall  not  take 
effect  until  such  pubUcations  have  been  made. 

Section  12.  No  act  shall  be  done  under  authority  of  the 
preceding  sections,  except  in  the  making  of  surveys,  plans 
and  other  preliminary  investigations,  until  the  plans  for  said 
system  of  sewerage  and  sewage  disposal  have  been  approved 
by  the  state  department  of  public  health.  Upon  application 
to  said  department  for  its  approval,  it  shall  give  a  hearing, 
after  due  notice  to  the  public,  and  by  writing  to  the  select- 
men of  the  town  of  Northborough.  At  such  hearing,  plans 
showing  the  work  to  be  done  in  constructing  said  system  or 
systems  of  sewerage  and  sewage  disposal  shall  be  submitted 
for  the  approval  of  said  department. 

Section  13.  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  within  five  years  after 
its  passage,  but  not  otherwise.  No  expenditure  shall  be 
made  and  no  liability  incurred  hereunder  until  such  accept- 
ance. Approved  May  27,  1954. 

An  Act  relative  to  payment  of  the  excise  upon  charges  Qhav  503 

FOR  meals. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  6  of  chapter  64B  of  the  General  g-  l-  (Ter. 
Laws,  as  most  recently  amended  by  section  79  of  chapter  654  f  e/k^^' 
of  the  acts  of  1953,  is  hereby  further  amended  by  striking  amended. 
out  the  second  paragraph  and  inserting  in  place  thereof 
the  following  paragraph :  — 

Any  taxpayer  who  comphes  with  the  provisions  of  this  compensation 
section  may  withhold  and  retain  from  said  payments  an  of  taxpayer 

I      .  it*  1  lOr  8GrVlCG3 

amount  equal  to  one  per  cent  from  each  payment  as  com-  in  coUection 
pensation  for  services  rendered  in   compliance  with  this  upormeais. 
chapter;  provided,  that  the  taxpayer  has  complied  with  all 
pertinent  rules  and  regulations  promulgated  by  the  state 
tax  commission  and  all  other  requirements  of  this  chapter. 

Section  2.    This  act  shall  take  effect  on  November  first,  Effective  date. 
nineteen  hundred  and  fifty-four  and  shall  apply  to  returns 
required  to  be  filed  on  or  after  said  date. 

Approved  May  27,  1954. 

An  Act  providing  for  the  conveyance  by  the  depart-  nhn^  ^04 
ment  of  natural  resources  of  certain  state  land         ^ 

to   the   city    of   LOWELL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  natural  resources  is 
hereby  authorized  and  directed  to  convey  to  the  city  of 
Lowell  a  portion  of  the  Lowell-Dracut  State  Forest,  lying 


426  Acts,  1954.  — Chap.  504. 

partially  within  the  city  of  Lowell  and  partially  within  the 
town  of  Dracut,  bounded  and  described  as  follows:  — 

Beginning  at  the  northeast  corner  of  the  parcel  to  be 
conveyed  at  a  granite  post  on  the  westerly  side  of  Gumpas 
road,  so-called,  said  point  being  approximately  5,200  feet 
northerly  of  the  intersection  of  Gumpas  road  with  West 
Meadow  road;  thence  running  in  a  southerly  direction 
along  the  west  side  of  Gumpas  road  a  distance  of  approxi- 
mately forty-five  hundred  and  fifty  feet  to  stake  on  the 
northerly  side  of  an  old  road ;  thence  in  a  westerly  direction 
along  the  northerly  side  of  said  old  road  a  distance  of  two 
hundred  twenty  feet  more  or  less  to  a  point  opposite  a  stone 
bound  on  the  southerly  side  of  said  old  road;  thence 
N.  17°  56'  W.  three  hundred  and  three  feet,  more  or  less, 
to  a  stone  bound;  thence  N.  13°  43'  W.  five  hundred  fifty- 
three  and  nine  hundredths  feet  to  a  stone  bound;  thence 
N.  16°  33'  W.  two  hundred  twenty-three  and  three  tenths 
feet  to  a  stone  bound;  thence  N.  17°  09'  W.  six  hundred 
four  and  sixty-four  hundredths  feet  to  a  stone  bound ;  thence 
N.  6°  10'  W.  eleven  hundred  and  five  feet  to  a  stone  bound 
on  the  southeasterly  side  of  Totman  road,  so-called;  thence 
northeasterly  and  northerly  along  the  easterly  side  of  Totman 
road  twenty-seven  hundred  and  seventy  feet  more  or  less 
to  a  stone  wall  at  a  corner  of  the  property;  thence  S.  87°  39' 
E.  five  hundred  fifty-two  and  fifty-four  hundredths  feet  along 
said  stone  wall  to  stake  at  corner  of  walls;  thence  S.  16°  14' 
W.  one  hundred  fifty-two  and  twenty-seven  hundredths 
feet  along  another  wall  to  a  stake;  thence  S.  15°  01'  W. 
along  said  wall  one  hundred  sixty-eight  and  forty-six  hun- 
dredths feet  to  a  stake;  thence  continuing  along  said  wall 
S.  10°  42'  W.  two  hundred  sixty-four  and  ten  hundredths 
feet  to  a  stake;  thence  continuing  along  said  wall  S.  15° 
26'  W.  one  hundred  sixty-eight  and  forty-one  hundredths 
feet  to  a  stone  bound  at  corner  of  walls;  thence  S.  81°  E. 
along  another  stone  wall  eight  hundred  thirteen  and  fifty- 
four  hundredths  feet  to  the  point  of  beginning.  Containing 
one  hundred  twenty-seven  and  seventy-five  hundredths 
acres  more  or  less;  meaning  and  intending  to  include  all 
that  portion  of  the  Lowell-Dracut  State  Forest  which  lies 
between  Totman  road  in  the  town  of  Dracut  and  Gumpas 
road  in  the  town  of  Dracut  and  the  city  of  Lowell. 

Section  2.  Said  land  is  transferred  to  the  city  of  Lowell, 
subject  to  the  provision  that  it  be  developed  and  operated 
solely  by  the  city  as  a  municipal  golf  course  and  a  municipal 
outdoor  recreational  area. 

Section  3.  Should  the  city  of  Lowell  fail  to  develop 
and  operate  this  area  as  a  municipal  golf  course  and  a  mu- 
nicipal outdoor  recreational  area  within  a  period  of  five 
years,  or  should  said  area  at  any  time,  be  put  to  uses  other 
than  that  described  under  section  two,  the  property  shall 
revert  to  the  commonwealth. 

Section  4.  The  words  "developed  and  operated  solely 
by  the  city  as  a  municipal  golf  course  and  a  municipal  out- 


Acts,  1954. —  Chaps.  505,  506.  427 

door  recreational  area"  are  intended  to  cover  those  activities 
which  are  normally  associated  with  the  operation  of  a  mu- 
nicipal golf  course  and  a  municipal  outdoor  recreational 
area. 

Section  5.  The  city  of  Lowell  shall  indemnify  the  town 
of  Dracut  for  any  loss  of  revenue  sustained  as  a  result  of 
the  conveyance  herein  authorized. 

Approved  May  27,  195A. 


An  Act  providing  that  george  h.  provost  shall  be  Qhav  505 

ELIGIBLE    FOR    MEMBERSHIP    IN    THE    CONTRIBUTORY     RE- 
TIREMENT  SYSTEM  OF  THE  TOWN  OF  AGAWAM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  general  or  special  pro- 
visions of  law  to  the  contrary,  George  H.  Provost,  a  per- 
manent employee  of  the  health  department  of  the  town  of 
Agawam,  shall  be  permitted  to  pay  into  the  retirement  sys- 
tem of  said  town  within  sixty  days  following  the  effective 
date  of  this  act,  the  amount  which  he  would  have  been  re- 
quired to  pay  had  he  appUed  for  membership  and  been  ac- 
cepted in  said  retirement  system  on  December  thirty-first, 
nineteen  hundred  and  fifty-two,  and  after  such  payment  is 
made  he  shall  receive  full  memberstiip  in  said  system  in  ac- 
cordance with  the  provisions  of  chapter  thirty-two  of  the 
General  Laws. 

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

Approved  May  28,  1954. 


An    Act    authorizing    the    county    commissioners    of 

HAMPSHIRE  county  TO  PURCHASE  CERTAIN  PROPERTY  IN 
THE  CITY  OF  NORTHAMPTON  FOR  PARKING  FACILITIES  OR 
FOR  EXPANDING  THE  FACILITIES  OF  THE  COUNTY  COURT 
BUILDING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  establishing  off-street 
parking  facilities  or  for  expanding  the  facilities  of  the 
county  court  house,  the  county  commissioners  of  the  county 
of  Hampshire  are  hereby  authorized  to  raise  and  expend  a 
sum  not  exceeding  forty-five  thousand  dollars  for  the  pur- 
chase and  subsequent  development  of  two  certain  tracts  or 
parcels  of  land  with  the  buildings  thereon  situate  on  the 
westerly  side  of  Gothic  street  in  the  city  of  Northampton  in 
said  county,  bounded  and  described  as  follows:  — 

Parcel  1.  Beginning  at  a  point  on  the  westerly  side  of 
Gothic  street  at  the  southeasterly  corner  of  the  described 
premises  and  the  northeasterly  corner  of  land  of  North- 
ampton Institution  for  Savings,  thence  southwesterly  along 
land  of  said  Northampton  Institution  for  Savings  and  First 
Parish  in  Northampton  seventy  feet  to  a  corner;    thence 


C/iap.506 


428  Acts,  1954. —  Chap.  507. 

northwesterly  along  land  of  said  First  Parish  in  Northampton 
and  land  of  Leon  IShumway  eighty-two  and  five  tenths  feet, 
more  or  less,  to  an  iron  pin  at  the  land  of  Wiggins  Hotel,  Inc.; 
thence  northeasterly  seventy-seven  and  five  tenths  feet  to 
an  iron  pin  at  the  westerly  side  of  Gothic  street;  thence 
southeasterly  along  the  westerly  side  of  Gothic  street  forty- 
one  and  thirty-five  hundredths  feet  to  a  stone  bound  at  an 
angle  in  said  street;  thence  continuing  southeasterly  on  the 
westerly  side  of  Gothic  street  thirty-seven  and  three  tenths 
feet  to  an  iron  pin  and  the  point  of  beginning;  with  all  the 
buildings  thereon,  but  subject,  however,  to  all  sewer  rights 
of  the  city  of  Korthampton  over  and  across  the  same  and  ex- 
cepting and  reserving  therefrom  and  subject  to  a  right  of 
way  six  feet  in  width  on  the  northwesterly  side  of  the  granted 
premises  adjoining  land  of  Wiggins  Hotel,  Inc. 

Parcel  2.  Beginning  at  a  point  on  the  southwesterly  side 
of  said  Gothic  street  at  land  of  People's  Institute  of  North- 
ampton, marked  by  an  iron  pin,  thence  southwesterly  along 
land  of  said  People's  Institute  of  Northampton  one  hundred 
twenty-two  feet  to  a  stone  bound  at  land  of  the  city  of  North- 
ampton; thence  southeasterly  along  said  land  of  the  city 
of  Northampton  fifty-one  feet  to  a  point  marked  by  an  iron 
pin;  thence  southwesterly  along  said  land  of  the  city  of 
Northampton  nineteen  and  five  tenths  feet  to  a  point  at  the 
end  of  a  retaining  wall;  thence  southeasterly  along  land  of 
Levi  Claik  heirs,  seventeen  feet,  more  or  less,  to  a  point  to 
be  marked  by  an  iron  pin;  thence  northeasterly  along  land  of 
W^iggins  Country  Store,  Inc.,  one  hundred  seventeen  feet, 
more  or  less,  to  the  southwesterly  side  of  said  Gothic  street; 
thence  northwesterly  along  the  southwesterly  side  of  said 
Gothic  street  seventy  feet  to  the  point  of  beginning. 

Section  2.  Said  coimty  commissioners  are  hereby  au- 
thorized to  sell  such  bonds,  plus  any  accumulated  interest, 
or  to  use  such  money  now  held  in  the  post-war  rehabilitation 
fund  established  under  the  provisions  of  chapter  five  of  the 
acts  of  nineteen  hundred  and  foity-three.  The  proceeds  of 
such  sale  and  any  such  money  shall  be  included  in  and  con- 
sidered a  part  of  the  total  amount  of  the  expenditure  au- 
thorized under  section  one  of  this  act,  and  shall  be  used  for 
the  purposes  set  forth  in  said  section  one. 

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

Approved  May  28,  1964. 


Chap.507  An  Act  relative  to  the  issue  of  bonds  by  housing 

AUTHORITIES     FOR    STATE-AIDED    HOUSING     PROJECTS. 

Emergency  Wkereas,    The  deferred  operation  of  this  act  would  tend 

preamble.  ^^  defeat  its  purposc,  which  is  to  facilitate  borrowing  by 
housing  authorities  in  order  to  finance  low  rent  housing 
for  veterans  of  World  War  II,  therefore  this  act  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  im- 
mediate preservation  of  the  public  convenience. 


Acts,  1954. —  Chap.  507.  429 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The   first   paragraph    of   section   26NN   of  g^^  (Ter. 
chapter  121  of  the  General  Laws  is  hereby  amended  by  §26nn.  etc., 
striking  out  the  last  sentence,  as  most  recently  amended  by  ^'^^'^'^®'i- 
section  4  of  chapter  550  of  the  acts  of  1952,  and  inserting 
in   place   thereof   the   following   sentence:  —  Each   project  B°""0'"ng 
developed  under  this  section  and  section  twenty-six  00  low^nt'^ 
shall   be  administered  for  occupancy  in  accordance  with  cp°r"ahf  ^"^ 
section  twenty-six  FF,  except  clause  (c)  and  except  that  for  veterans, 
each  completed  project  the  authority  shall  create,  beginning  ^'^^  '**^^' 
in  the  first  year  immediately  succeeding  its  issuance  of  any 
bonds,  a  reserve  for  principal  and  interest  equal  to  one 
twelfth  of  the  largest  principal  and  interest  payments  which 
will  be  due  on  such  bonds  in  any  one  year  thereafter  and 
shall  maintain  such  reserve  and  increase  the  same  by  a 
similar  amount  for  each  of  the  eleven  succeeding  years 
thereafter    and    maintain    each    such   increase;     provided, 
however,  that  in  the  event  a  project  is  refinanced,  there 
shall    be   appropriate   adjustments   made   in   the   reserves 
required  by  the  foregoing  provisions  to  reflect  any  changes 
in  amounts  of  principal  and  interest  payable  to  the  end  that 
twelve  years  after  the  date  of  the  issuance  of  the  original 
bonds,  or  as  soon  thereafter  as  may  be  practicable,  there  will 
have   been   created   and   thereafter  maintained   a   reserve 
equal  to  the  largest  amount  of  principal  and  interest  due  in 
any  subsequent  year  on  account  of  the  outstanding  bonds 
issued  to  finance  the  project;    and  except  that  each  such 
project  shall  be  occupied  exclusively  by  veterans  and  their 
families  and  priority  shall  be  given  first  to  veterans  of  World 
War  II  of  low  income  and  to  veterans  of  low  income  who 
have  served  in  the  active  military  or  naval  service  of  the 
United  States  at  any  time  on  or  after  June  twenty-seventh, 
nineteen  hundred  and  fifty,  and  prior  to  such  date  thereafter 
as  shall  later  be  determined  by  the  chairman,  then  to  veterans 
of  low  income,  such  low  income  to  be  determined  from  time 
to  time  by  the  board. 

Section  2.     The  first  paragraph  of  subdivision   (a)   of  ^j^-  (J^®''- 
said  section  26NN  of  said  chapter   121.  as  amended  by  §2f)NN,  etc, 
section  2  of  chapter  742  of  the  acts  of  1949,  is  hereby  further  Imended. 
amended  by  striking  out  the  last  sentence  and  inserting  in 
place  thereof  the  following  sentence:  —  Any  such  notes  or  Term  of 
bonds,  whether  original  or  refunding,  may  at  any  time  be  and'bond^!*' 
refunded  through  the  issue  and  sale  of  notes  or  bonds  here-  I'liited. 
under  but  in  no  event  for  a  term  more  than  forty  years  after 
completion  of  the  project,  as  determined  by  the  board. 

Section  3.     The  third  paragraph  of  said  subdivision  (a)  E;,^(Jf'- 
of  said  section  2GNN  of  said  chapter  121,  as  amended  by  §26NN,  etc., 
section  3  of  said  chapter  742,  is  hereby  further  amended  Imended. 
by  striking  out  the  last  sentence  and  inserting  in   place 
thereof    the    following    sentences:  —  Except    as    otherwise  Payment 
provided  in  this  paragraph,  the  amortization  schedule  for  amortisation 
any  bonds  issued  hereunder  shall  provide  for  payment  of  schedules,  etc., 
principal    and    interest    combined    in    substantially    equal  ^^^  '**^  ' 


430  Acts,  1954. —  Chap.  508. 

amounts  during  each  year  that  any  of  said  bonds  remain 
outstanding.  Bonds  may  be  issued  for  a  maximum  period 
of  forty  years  from  the  completion  of  the  project  as  deter- 
mined by  the  board,  or,  for  any  portion  of  such  period  as 
may  remain  at  the  time  of  issue  of  said  bonds.  Bonds  may 
be  issued  for  less  than  the  maximum  period  permitted  here- 
under under  an  amortization  schedule  which  provides  for 
the  payment  of  a  larger  amount  of  principal  and  interest 
in  the  last  year  any  such  bonds  remain  outstanding  than 
in  the  prior  years,  in  which  event  the  amortization  schedule 
for  such  bonds  shall  provide  (1)  for  payment  of  principal 
and  interest  combined  during  each  such  year  except  the 
last  in  amounts  which  are  not  less  than  the  amounts  which 
would  be  required  by  an  amortization  schedule  for  bonds 
bearing  the  same  rate  of  interest  and  issued  for  the  maximum 
period  permitted;  and  (2)  for  the  payment  of  the  entire 
balance  of  such  bonds  in  such  last  year.  In  the  event  bonds 
are  issued  for  less  than  the  maximum  period  permitted 
hereunder  with  a  larger  amount  of  principal  and  interest 
payable  in  the  last  year  as  hereinbefore  provided,  the  amount 
of  principal  and  interest  payable  in  said  last  year  shall  be 
disregarded  in  computing  the  requirements  for  the  reserve 
under  the  first  paragraph  of  this  section.  In  the  event  notes 
are  issued  to  finance  or  refinance  a  completed  project,  such 
notes  shall  be  payable  not  later  than  twenty-four  months 
after  such  issuance,  and  (1)  such  notes  shall  be  permanently 
retired  at  the  maturity  thereof  in  an  amount  at  least  equiva- 
lent to  the  amount  of  retirements  of  bonds  which  would 
have  been  required  by  an  amortization  schedule  for  bonds 
issued  for  the  maximum  period  permitted  hereunder  and 
bearing  interest  at  the  rate  of  two  and  one  half  per  cent  per 
annum,  adjusted  to  the  nearest  month  where  notes  are  issued 
for  a  period  other  than  one  year;  and  (2)  a  reserve  under 
the  first  paragraph  of  this  section  shall  be  established  as  if 
such  bonds  had  been  issued.  Anything  herein  to  the  con- 
trary notwithstanding,  the  failure  of  any  amortization 
schedule  of  bonds  or  retirements  of  notes  approved  by  the 
board  to  meet  the  foregoing  requirements  shall  not  affect 
the  validity  of  bonds  or  notes  issued  hereunder. 
Proviso.  Section  4.    No  bonds  or  notes  issued  prior  to  the  effective 

date  of  this  act  by  any  housing  authority  shall  be  invalid  by 
reason  of  any  rate  of  amortization  or  retirement  provided  for 
in  connection  therewith.  Approved  May  28,  1954' 

Chap. 508  An    Act    transferring    the    Massachusetts    hospital 

SCHOOL   AND    HOSPITAL   FOR    STATE    MINOR   WARDS   TO   THE 
DEPARTMENT   OF   PUBLIC    HEALTH. 

Emergency  Whereas,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  transfer  immediately  the 
Massachusetts  hospital  school  and  hospital  for  state  minor 
wards  to  the  department  of  public  health,  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  pubUc  convenience. 


preamble. 


Acts,  1954.  — Chap.  508.  431 

Be  it  enacted,  etc.,  asfolloios: 

Section  1.  Chapter  111  of  the  General  Laws  is  hereby  ^j^f^r- 
amended  by  inserting  after  section  62H  the  following  eleven  new '§§621- 
sections  under  the  caption  Massachusetts  hospital  school  ^-^'  ^'^'^'^'^■ 
AND  HOSPITAL  FOR  STATE  MINOR  WARDS.  Section  621.  The  |^P«'^^''^'°n  °f 
department  shall  have  general  supervision  of  the  Massa-  hospital"^*' 
chusetts  hospital  school  and  hospital  for  state  minor  wards,  school. 

Section  62J.  The  Massachusetts  hospital  school  shall  be 
maintained  for  the  education  and  care  of  crippled  and  de- 
formed children  of  the  commonwealth.  The  board  of  ^ugtees^ 
trustees  of  said  school  shall  have  the  same  powers  and  shall 
be  required  to  perform  the  same  duties  in  the  management 
and  control  of  the  school  as  are  vested  in  and  required  of  the 
trustees  of  the  various  state  hospitals  under  chapter  one 
hundred  and  twenty-three,  so  far  as  applicable. 

Section  62K.  The  trustees  shall  be  a  corporation  for  the  Powers  and 
purpose  of  taking  and  holding,  by  them  and  their  successors,  boaniof 
in  the  name  of  the  commonwealth,  and  in  accordance  with  trustees. 
the  terms  thereof,  any  grant  or  devise  of  land  or  any  gift  or 
bequest  of  money  or  other  personal  property  made  for  the 
use  or  benefit  of  the  school,  its  inmates,  former  inmates  or 
graduates  or  any  association  thereof,  or  for  the  use  or  bene- 
fit of  state  minor  wards  assigned  to  the  care  of  the  trustees 
under  sections  sixty-two  P  to  sixty-two  S,  inclusive,  and  for 
the  purposes  of  preserving  and  investing  the  proceeds  thereof 
in  notes  or  bonds  secured  by  good  and  sufficient  mortgages 
or  other  securities,  with  all  the  powers  necessary  to  effect 
said  purposes.  For  said  purposes  the  trustees  may  employ 
such  agencies  as  they  may  from  time  to  time  determine  to 
be  wise  and  proper,  including  any  trust  company  or  other 
corporation  authorized  by  law  to  administer  trusts,  and  may 
from  funds  received  as  aforesaid  or  the  income  thereof  pay 
such  expenses  as  may  be  necessary  for  the  wise  administra- 
tion of  such  gifts  or  trusts,  or  may,  with  the  approval  of  the 
governor  and  council,  delegate  any  powers  conferred  by  this 
section  upon  any  such  trust  company  or  corporation.  In 
the  use,  management  and  administration  of  such  gifts  or 
trusts,  the  trustees  or  their  agents  shall  in  their  discretion 
so  act  as  most  effectively  to  aid  the  beneficiaries  in  accord- 
ance with  the  terms  of  the  gift  or  trust,  and  when  so  acting 
their  judgments  and  determinations  in  extending  or  denying 
aid  or  benefit  to  any  individual  shall  be  conclusive  and  final. 
No  trustee  shall  be  answerable  for  the  use  of  any  money  or 
property  received  by  any  beneficiary  or  for  the  default  or 
neglect  of  any  co-trustee,  or  of  any  agent  employed  here- 
under, or  of  any  corporation  to  which  power  is  delegated  or 
transferred  as  herein  authorized. 

Section  62L.    The  trustees  may  appoint  all  persons  neces-  ^^^^^^^^^^ 
sary  for  the  proper  administration  of  the  aiTairs  of  the  vested  in 
school,  and  may  incur  all  expenses  necessary  for  the  main-  t''"^*'^^^- 
tenance  thereof. 

Section  G2M.    The  trustees  may,  upon  application  of  any  ^^™\^^|°g'^hooi 
child  entitled  to  receive  the  benefit  of  said  school,  or  upon  re°gaiated^.'' 


432 


Acts,  1954. —  Chap.  508. 


Payment  ot 
tuition. 


Duties  of 
attorney 
general  and 
district 
attorneys. 


Inspections 
by  trustees, 
when 
required. 


Treasurer's 
accounts. 


Construction 
of  buildings. 


Management 
and  control 
of  hospital 
for  state 
wards. 


such  application  by  a  parent,  guardian  or  person  having  the 
legal  custody  of  the  child,  or  by  any  state  or  municipal  de- 
partment, board  or  officer  having  such  custody,  admit  such 
child  to  said  school,  subject  to  such  rules  and  regulations  as 
the  trustees  may  prescribe,  and  the  trustees  may  discharge 
such  child  from  the  school.  The  charges  for  the  support  of 
the  children  of  the  school  who  are  of  sufficient  ability  to  pay 
for  the  same,  or  have  persons  or  kindred  bound  by  law  to 
maintain  them,  shall  be  paid  by  such  children,  such  persona 
or  such  kindred  at  a  rate  determined  by  the  trustees.  The 
board  of  such  children  as  have  a  legal  settlement  in  a  town 
shall  be  paid  by  the  town  at  a  rate  not  exceeding  seventeen 
dollars  and  fifty  cents  a  week,  notice  of  the  reception  of  the 
children  by  the  trustees  being  given  by  them  to  the  board  of 
public  welfare  of  the  town  as  soon  as  practicable;  and  the 
tuition  and  board  of  those  having  no  such  settlement  shall 
be  paid  by  the  commonwealth.  The  trustees  may  receive 
other  children  having  no  means  to  pay  for  tuition  and  sup- 
port, and  the  tuition  and  board  of  all  such  children  shall  be 
paid  by  the  commonwealth.  The  attorney  general  and  dis- 
trict attorneys  shall  upon  request  bring  action  to  recover 
said  charges  in  the  name  of  the  state  treasurer.  The  ad- 
mission of  a  child  as  aforesaid  to  the  school  shall  be  deemed 
a  commitment  of  the  child  to  the  care  and  custody  of  the 
commonwealth,  and  the  trustees,  with  the  approval  of  the 
department,  may  detain  the  child  at  said  school  during  its 
school  age,  or  for  such  longer  period  during  its  minority  as 
in  the  opinion  of  the  trustees  will  tend  to  promote  the  edu- 
cation and  welfare  of  the  child. 

Section  62N .  There  shall  be  a  thorough  inspection  of  the 
school  by  two  of  the  trustees  thereof  monthly,  and  by  a 
majority  of  them  quarterly,  and  by  all  of  them  semi-annually, 
and  after  each  inspection  a  written  report  of  the  state  of  the 
institution  shall  be  drawn  up.  The  treasurer  shall  present 
his  report  at  said  annual  meeting  and  the  trustees  shall  then 
audit  it.  The  commissioner  shall  make  an  annual  report  of 
the  acts  of  the  trustees. 

Section  620.  The  accounts  and  books  of  the  treasurer 
shall  at  all  times  be  open  to  the  inspection  of  the  trustees. 

Section  62P.  The  trustees  of  the  Massachusetts  hospital 
school,  subject  to  supervision  by  the  department,  may  con- 
struct from  time  to  time,  as  appropriations  are  made  by  the 
general  court,  and  thereafter  may  maintain,  suitable  build- 
ings for  the  hospital  care  and  treatment  of  such  state  minor 
wards  as  may  be  assigned  to  their  care  by  the  said  depart- 
ment. 

Section  62Q.  The  said  trustees  shall  have  the  same 
powers  and  shall  perform  the  same  duties  in  the  management 
and  control  of  the  said  hospital  for  state  wards  as  are  vested 
in  and  required  of  them  in  their  administi-ation  and  control 
of  the  hospital  school  under  sections  sixty-two  J  to  si.xty- 
two  0,  inclusive,  so  far  as  applicable.  No  state  ward  who 
is  insane,  feeble  minded,  epileptic,  or  otherwise  unfit,  shall 


Acts,  1954.  — Chap.  509.  433 

be  admitted  to  or  received  at  the  said  hospital,  nor  shall 
any  state  ward  so  be  admitted  or  received  without  the  ap- 
proval of  the  trustees  and  the  written  order  of  an  authorized 
agent  of  the  department,  nor  released  from  said  hospital 
without  written  notice  to  the  said  department. 

Section  G2R.    Any  land  acquired  or  buildings  erected  for  Bothinstitu- 
the  Massachusetts  hospital  school  or  the  hospital  for  state  operlted  co- 
minor  wards,  unless  it  is  otherwise  expressly  provided,  and  operativeiy. 
also  any  farm  product  raised  at  the  said  hospital  school,  or 
at  the  said  hospital,  may,  as  the  trustees  shall  from  time  to 
time  determine,   be  used  either  interchangeably  or  exclu- 
sively for  said  hospital  school  or  said  hospital,  or  in  common 
for  the  benefit  of  both  institutions,  and  for  the  care  and 
maintenance  of  their  respective  inmates,  officers,  employees 
and  attendants.     Such  officers,  employees  and  attendants 
shall,  as  required  by  the  trustees,  render  service  to  either  or 
both  of  the  said  institutions.     Any  sewer,  heating,  venti- 
lating, water  or  similar  plant  or  system  may  so  be  used, 
separately  or  jointly. 

Section  62S.     No  state  minor  wards  shall  be  assigned  to  Assignment 
the  said  hospital  until  the  commissioner,  with  the  approval  minOT^wards 
of  the  governor  and  council,  finds  that  sufficient  new  build-  to  hospital, 
ing  accommodations  have  been  constructed  to  provide  for 
the  number  thus  to  be  assigned. 

Section  2.     Sections  28  to  37,  inclusive,  of  chapter  121  g  l.  (Ter. 
of  the  General  Laws  are  hereby  repealed.  §§28-37,' 

Section  3.     The  incumbent  trustees  of  the  Massachu-  ^^peaied. 
setts  hospital  school  shall  continue  to  serve  until  the  ex-  prllent° 
piration  date  of  their  present  terms.    The  employees  of  the  empioyees'^'^ 
JVIassachusetts  hospital  school  and  hospital  for  state  minor 
wards  and  all   persons  appointed   by   the  trustees  for  the 
proper  administration  of  the  affairs  thereof  shall  continue 
to  serve  without  impairment  of  their  civil  service  or  other 
rights. 

Section  4.    Funds  available  or  appropriated  for  expendi-  of^cerTalL"'^ 
ture  by  the  department  of  public  welfare  for  the  Massachu-  funds,  au- 
setts  hospital   school  and  hospital   for  state  minor  wards 
shall   be  available  for  expenditure  by  the  department  of 
public  health  for  said  purposes. 

Section  5.    This  act  shall  take  effect  on  July  first,  nine-  Effective  date. 
teen  hundred  and  fifty-four.  Ay-proved  May  28,  1954. 

An  Act  authorizing  the  metropolitan  transit  author-  (^/^qt)  509 

ITY  to  cover  its  EMPLOYEES  UNDER  THE  MASSACHUSETTS 
EMPLOYMENT   SECURITY    LAW. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  Metropolitan  Transit  Authority  is 
hereby  authorized  to  insure  its  employees  under  the  pro- 
visions of  the  Employment  Security  Law  and  to  become 
liable  for  payments  instead  of  contributions  as  provided  in 
subsection  (0)  of  section  fourteen  of  chapter  one  hundred 
and  fifty-one  A  of  the  General  Laws,  and  the  said  Authority 


434  Acts,  1954. —  Chaps.  510,  511. 

is  deemed  to  be  an  instrumentality  of  the  commonwealth 
for  said  purposes. 

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

Approved  May  28,  1954. 

Chap. 510  An  Act  validating  certain  action  taken  by  the  town 

OF    BARNSTABLE    IN    LEASING    CERTAIN    PREMISES    TO    THE 
CAPE   COD   ART  ASSOCIATION,   INC. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  action  taken  at  the  town  meeting  of  the 
town  of  Barnstable  held  on  March  second,  nineteen  hun- 
dred and  fifty-four,  wherein  it  was  voted  to  lease  certain 
premises  to  the  Cape  Cod  Art  Association,  Inc.,  is  hereby 
validated  and  made  legal  notwithstanding  the  provisions 
contained  in  chapter  six  hundred  and  twenty-three  of  the 
acts  of  nineteen  hundred  and  fifty-three  which  restrict  the 
use  of  said  premises  to  municipal  purposes  or  the  housing  of 
agencies  of  the  commonwealth  unless  specially  authorized 
by  the  general  court. 

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

Approved  May  28,  1954' 

Chap. 511  An  Act  to  authorize  towns  to  establish  interim  com- 
missions to  promote  business  and  industry  and  to 
appropriate  money  therefor. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  town  at  a  meeting  called  for  the  purpose 
during  the  current  year  which  accepts  the  provisions  of  sec- 
tion one  of  chapter  two  hundred  and  ninety-seven  of  the 
acts  of  the  current  year,  and  accepts  the  provisions  of  this 
act,  may,  in  anticipation  of  the  establishment  of  a  business 
and  industrial  commission  in  the  ensuing  year,  provide  for 
an  interim  commission  to  exercise  all  the  powers  vested  in  a 
development  and  industrial  commission  by  said  chapter 
two  hundred  and  ninety-seven.  Said  interim  commission 
shall  consist  of  not  less  than  five  nor  more  than  fifteen 
members  and  shall  be  appointed  by  the  selectmen  to  hold 
office  until  the  annual  town  election  in  the  year  nineteen 
hundred  and  fifty-five,  but  no  longer.  Said  interim  com- 
mission may  expend  such  sums  of  money  as  may  be  appro- 
priated for  business  and  industrial  commissions  under  the 
provisions  of  clause  (47)  of  section  five  of  chapter  forty  of 
the  General  Laws. 

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

Approved  May  28,  1954. 


specified  cases. 


Acts,  1954.  — Chaps.  512,  513,  514.  435 

An  Act  making  certain  information  secured  under  the  Qfiav. ^12 

EMPLOYMENT  SECURITY  LAW  AVAILABLE  FOR  USE  IN  CER- 
TAIN  CRIMINAL  ACTIONS  BROUGHT  BY  THE  COMMONWEALTH. 

Whereas,  The  deferred  operation  of  this  act  would  tend  p^^^^iT^ 
to  defeat  its  purpose,  which  is  to  make  certain  information 
secured  under  the  Employment  Security  Law  available 
forthwith  for  use  in  certain  criminal  actions  brought  by  the 
commonwealth,  therefore  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  folloivs: 

The  second  sentence  of  section  46  of  chapter  151A  of  the  g.  l.  (Ter. 
General  Laws,  as  appearing  in  section  1  of  chapter  685  of  the  f  46^;  etc^;^' 
acts  of  1941,  is  hereby  amended  by  striking  out,  in  line  2,  the  amended". 
word  "used"  and  inserting  in  place  thereof  the  word:  — 
admissible, — and  by  inserting  after  the  word  "law",  in 
line  5,  the  words :  —  or  under  chapter  two  hundred  and 
sixty-four,  —  so  as  to  read  as  follows :  —  Such  information  certain  infor- 
shall  not  be  open  to  the  public,  nor  shall  it  be  admissible  ^pioyment' 
in  any  action  or  proceeding  unless  the  division  or  the  common-  ^^'^^"^y.}'^^, 
wealth  is  a  party  to  such  action  or  proceeding,  or  unless  topubiicr 
such  action  or  proceeding  is  in  the  nature  of  a  criminal  e^dence^^  *^ 
prosecution  under  some  provision  of  federal  law  or  under  except  in 
chapter  two  hundred  and  sixty-four,  but  any  emploj'^er  or 
claimant,  upon  request,  shall  be  supplied  by  the  division 
with  information  concerning  his  own  record  which  is  necessary 
to  him  in  his  relations  with  the  division. 

Approved  May  28,  1954. 

An  Act  authorizing  non-profit  hospital  service  cor-  (JJiav  513 

PORATIONS  TO  CONTRACT  WITH  GOVERNMENTAL  AGENCIES 
to  PROVIDE  HOSPITAL  SERVICE  OR  REIMBURSEMENT  FOR 
OTHER   HEALTH   SERVICES. 

Be  it  enacted,  etc.,  as  follows: 

The  first  paragraph  of  section  5  of  chapter  176 A  of  the  g.  l.  (xer. 
General  Laws,  as  amended  by  section  3  of  chapter  287  of  the  f  s.^kc^f^' 
acts  of  1953,  is  hereby  further  amended  by  adding  at  the  amended. 
end  the  following:  —  and  may  contract  with  any  agency  Certain 
of  the  United  States  of  America,  of  the  commonwealth  or  i'cTco^ntractl^ 
any  city  or  town  within  the  commonwealth  for  the  purpose  permitted. 
of  providing  hospital  service  or  reimbursement  for  other 
health  services.  Approved  May  28,  1954. 

An  Act  establishing  a  division  of  special  education.  Chap. 514: 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  4  of  chapter  15  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  the  third  sentence,  as  f  4;^4to^; 
appearing  in  section  2  of  chapter  585  of  the  acts  of  1952,  and  amended. 
inserting  in  place  thereof  the  following  sentence:  —  In  the 


436 


Acts,  1954.  —  Chap.  514. 


Division  of 
epecial 
education, 
established. 


G.  L.  (Ter. 
Ed.),  15, 
new  §  15A, 
added. 

Director  and 

supervisors. 

appointment 

of. 


G.  L.  (Ter. 
Ed.),  69. 
new  §§  29A, 
29B,  added. 

Duty  of 
division. 


Reimburse- 
ment by 
common- 
wealth of 
certain  costs, 
authorized. 


G.  L.  (Ter. 
Ed.),  70, 
new  §  3C, 
added. 

Payments 
by  common- 
wealth, au- 
thorized. 


G.  L.  (Ter. 
Ed.),  71, 
§  46,  etc., 
amended. 

Classifications 
of  retarded 
children, 
established. 


department  there  shall  be  a  division  of  library  extension,  a 
division  of  immigration  and  Americanization,  a  division 
of  the  blind,  a  division  of  elementary  and  secondary  edu- 
cation, a  division  of  teachers  colleges,  a  division  of  university 
extension,  a  division  of  research  and  statistics,  a  division 
of  vocational  education,  a  division  of  vocational  rehabili- 
tation, and  a  division  of  special  education. 

Section  2.  Said  chapter  15  is  hereby  further  amended 
by  inserting  after  section  15  the  following  section:  —  Sec- 
tion 15 A.  The  division  of  special  education  shall  consist  of  a 
director  to  be  appointed  by  the  board,  at  such  salary  as  it 
may  determine.  The  board  shall  appoint  such  supervisors 
and  may  assign  to  them,  under  the  supervision  of  the  director, 
such  functions  as  he  and  the  board  deem  advisable,  in  the 
supervision  of  the  education  of  children  who  ar$  mentally 
retarded,  physically  handicapped,  deaf  or  hard  of  hearing, 
bhnd,  or  with  impaired  vision  or  speech. 

Section  3.  Chapter  69  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  29  the  following  two 
sections  under  the  caption:  —  division  of  special  edu- 
cation. Section  29 A.  The  division  of  special  education 
shall  direct  and  supervise  all  special  education  supported 
in  whole  or  in  part  by  the  commonwealth  or  any  of  its  sub- 
divisions, and  shall  be  responsible  for  the  compliance  by 
cities  and  towns  with  the  program  of  special  classes  estab- 
lished under  the  provisions  of  sections  forty-six,  forty-six  A 
and  forty-six  B  of  chapter  seventy-one  for  the  instruction 
of  educable  and  trainable  mentally  retarded  children. 

Section  29B.  One  half  of  the  cost  of  the  expenses  of  the 
instruction,  training  and  support  of  the  children  in  the 
special  classes  provided  under  section  forty-six  or  forty- 
six  B,  actually  rendered  or  furnished,  including  their  neces- 
sary traveling  expenses,  whether  daily  or  otherwise,  but 
not  exceeding  ordinary  and  reasonable  compensation  therefor, 
shall  be  reimbursed  to  the  towns  by  the  commonwealth 
upon  approval  of  the  department  and  certification  by  it 
that  such  classes  meet  the  standards  and  requirements 
prescribed  by  it. 

Section  4.  Chapter  70  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  3B,  inserted  by  chapter 
774  of  the  acts  of  1950,  the  following  section:  —  Section  SC. 
In  addition  to  payments  provided  by  section  three,  the  state 
treasurer  shall  annually,  on  or  before  November  twentieth, 
pay  from  the  proceeds  of  taxation  on  incomes  under  chapter 
sixty-two  to  an}''  city  or  town  such  sums  as  may  be  certified 
by  the  commissioner  on  account  of  classes  conducted  as  pro- 
vided in  section  twenty-nine  B  of  chapter  sixty-nine. 

Section  5.  Chapter  71  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  46,  as  most  recently  amended 
by  section  4  of  chapter  194  of  the  acts  of  1941,  and  inserting 
in  place  thereof  the  following  section:  —  Section  4^.  The 
school  committee  of  every  town  shall  annually  ascertain, 
under  regulations  prescribed  by  the  department  and  the 


Acts,  1954.  — Chap.  515.  437 

department  of  mental  health,  the  number  of  children  re- 
tarded in  mental  development  in  attendance  upon  its  public 
schools,  or  of  school  age  and  resident  therein.  Such  children 
shall  be  placed  in  the  following  classifications: — (a)  the 
educable  mentally  retarded;  (b)  the  trainable  mentally 
retarded;  and  (c)  the  custodial  mentally  retarded.  At  the 
beginning  of  each  school  year  the  committee  of  every  town 
where  there  are  five  or  more  such  children,  as  determined 
in  accordance  with  the  first  sentence  of  this  section,  shall, 
and  every  town  where  there  are  less  than  five  such  children 
may,  establish  special  classes  for  the  instruction  of  the  Establishment 
educable  mentally  retarded  children  and  for  the  instruction  ci^.s^ga''*' 
of  the  trainable  mentally  retarded  children  according  to  required. 
their  mental  attainments,  under  regulations  prescribed  by 
the  department.  A  child  appearing  to  be  mentally  retarded 
in  any  less  degree  may,  upon  request  of  the  superintendent  of 
schools  of  the  town  where  he  attends  school,  be  examined 
under  such  regulations  as  may  be  prescribed  by  the  depart- 
ment and  the  department  of  mental  health.  No  child  under 
the  control  of  the  department  of  public  welfare  or  of  the 
child  welfare  division  of  the  institutions  department  of  the 
city  of  Boston  or  of  a  similar  agency  of  any  other  city,  who  is 
retarded  in  mental  development  within  the  meaning  of  this 
section,  shall,  after  complaint  made  by  the  school  com- 
mittee to  the  department  of  pubhc  welfare  or  said  division 
or  similar  agency,  be  placed  in  a  town  which  is  not  required 
to  maintain  a  special  class  as  provided  for  in  this  section. 

Section  6.     Said  chapter  71  is  hereby  further  amended  EdVy^Tew 
by  inserting  after  section  46B,  inserted  bj'-  section   1   of  §§'46C,46D, 
chapter  296  of  the  acts  of  1954,  the  following  two  sections:  —  ^'^'^^d. 
Section  46C.     Any   city   or  town   having  fewer   than   ten  joint  classes 
mentally  retarded  children  may,  with  the  approval  of  the  by  certain 
department,  join  with  another  such  city  or  town  or  with  town8!^° 
other  such  cities  and  towns  to  provide  the  necessary  special  ^uthonzed. 
classes,  as  provided  in  section  forty-six. 

Section  4^0.    The  parent  or  guardian  of  any  child  classi-  Review  of 
fied  under  the  provisions  of  section  forty-six  may  apply  in  *''*^^' 
writing  to  the  department  for  a  review  of  such  determination. 

Approved  May  28,  1954. 

An  Act  making  certain  changes  in  the  law  relative  (^/^qt)  515 

TO  THE  taxation  OF  CORPORATIONS. 

Be  it  enacted,  etc.,  asfolloios: 

Section  1.    Section  18  of  chapter  63  of  the  General  Laws,  o.  l.  (Xer. 
as  most  recently  amended  by  section  1  of  chapter  486  of  the  f^g.'eTo , 
acts  of  1948,  is  hereby  further  amended  by  inserting  after  amended.' 
the  word  "commission^",  in  hne  27,  the  words:  —  with 
the  approval  of  the  state  tax  commission,  —  by  striking  out, 
in  lines  56  and  57,  the  word  "commissioner"  and  inserting 
in  place  thereof  the  word:  —  commission,  —  by  striking  out, 
in  line  59,  the  word  "commissioner's"  and  inserting  in  place 
thereof  the  word:  —  commission's,  —  and  bj'  inserting  after 


438 


Acts,  1954. —  Chap.  515. 


G.  L.  (Ter. 
Ed.).  63,  §51, 
amended. 


G.  L.  (Ter. 
Ed.),  63, 
§  52A,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  63, 
§  .'>2A,  etc., 
further 
amended. 


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


G.  L.  (Ter. 
Ed.),  63, 
§  68A,  etc., 
amended. 


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

Appeal  to 
appellate 
tax  board. 


the  word  "commissioner",  in  line  71,  the  words:  —  with 
the  approval  of  the  state  tax  commission. 

Section  2.  Section  51  of  said  chapter  63  is  hereby 
amended  by  striking  out,  in  lines  10  and  11,  as  appearing  in 
the  Tercentenary  Edition,  the  word  "commissioner"  and 
inserting  in  place  thereof  the  word :  —  commission. 

Section  3.  Subdivision  (4)  of  section  52A  of  said  chap- 
ter 63,  as  appearing  in  section  1  of  chapter  641  of  the  acts  of 
1951,  is  hereby  amended  by  inserting  after  the  word  "com- 
missioner", in  lines  5  and  6,  the  words:  —  with  the  approval 
of  the  state  tax  commission,  —  and  by  inserting  after  the 
word  "receipts",  in  line  3  of  clause  Fourth  the  words:  — 
for  the  taxable  year. 

Section  4.  Subdivision  (6)  of  said  section  52A  of  said 
chapter  63  is  hereby  amended  by  adding  at  the  end  the 
following  sentence:  —  Any  corporation  aggrieved  by  the 
refusal  of  the  commission  to  abate  a  tax  in  whole  or  in  part 
under  this  subdivision  may  appeal  in  the  manner  provided 
by  section  seventy-one. 

Section  5.  Section  60  of  said  chapter  63  is  hereby 
amended  by  striking  out,  in  line  13,  as  appearing  in  section  8 
of  chapter  509  of  the  acts  of  1941,  the  word  "commissioner's" 
and  inserting  in  place  thereof  the  word:  —  commission's. 

Section  6.  Section  68A  of  said  chapter  63,  as  most  re- 
cently amended  by  section  4  of  chapter  622  of  the  acts  of 
1947,  is  hereby  further  amended  by  striking  out,  in  lines  5 
and  6  and  12  and  13,  each  time  it  appears,  the  word  "com- 
missioner" and  inserting  in  place  thereof,  in  each  instance, 
the  word:  —  commission,  —  by  striking  out,  in  line  7,  the 
word  "he"  and  inserting  in  place  thereof  the  words:  —  the 
commission,  —  by  striking  out,  in  Hne  8,  the  word  "his" 
and  inserting  in  place  thereof  the  word :  —  its,  —  by  striking 
out,  in  line  9,  the  word  "it"  and  inserting  in  place  thereof 
the  words:  —  the  corporation,  —  and  by  striking  out,  in 
Hne  10,  the  words  "their  refusal"  and  inserting  in  place 
thereof  the  words:  —  the  refusal  of  the  assessors. 

Section  7.  Said  chapter  63  is  hereby  amended  by  strik- 
ing out  section  71,  as  most  recently  amended  by  section  65 
of  chapter  654  of  the  acts  of  1953,  and  inserting  in  place 
thereof  the  following  section:  —  Section  71.  Except  as 
otherwise  provided,  any  party  aggrieved  by  any  decision  of 
the  commission  upon  any  matter  arising  under  this  chapter 
from  which  an  appeal  is  given,  may  appeal  to  the  appellate 
tax  board  within  thirty  days  after  the  date  of  notice  of  the 
commission's  decision.  Any  overpayment  of  tax  determined 
by  decision  of  said  appellate  tax  board  shall  be  reimbursed 
by  the  commonwealth  with  interest  at  the  rate  of  six  per 
cent  per  annum  from  the  time  of  payment. 

Approved  May  28,  1964. 


Acts,  1954.  —  Chaps.  516,  517,  518.  439 


An  Act  relative  to  the  placement  of  persons  de-  Chap. 516 

PENDENT  UPON  PUBLIC  SUPPORT  IN  LICENSED  HOSPITALS, 
HOMES   AND   INSTITUTIONS. 

Be  it  enacted,  etc.,  asfolloios: 

Section  2  of  chapter  117  of  the  General  Laws,  as  appear-  EdVii7'^'5  2 
ing  in  the  Tercentenary  Edition,  is  hereby  amended  by  add-  amended.* 
ing  at  the  end  thereof  the  following  paragraph :  — 

No  board  of  welfare,  veterans'  agent,  board  of  health,  or  ^'f  ^g^j,™^"* 
other  public  authority  shall  place  or  cause  to  be  placed  a  dependent 
person  dependent  on  public  support  in  any  hospital,  nursing  HceSTstab- 
home,  infirmary  or  institution  not  operated  by  the  common-  iishments, 
wealth  which  is  not  Ucensed  as  required  by  chapter  one  ''''*'""'® 
hundred  and  eleven.    Any  person  violating  the  provisions  of 
this  paragraph  shall  be  punished  by  a  fine  of  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars. 

Approved  May  28,  1954. 

An  Act  relative  to  expenditures  of  money  by  the  Chap. 517 

COUNTY  COMMISSIONERS  OF  BERKSHIRE  COUNTY  FOR  THE 
PURPOSE  OF  PROMOTING  THE  RECREATIONAL  ADVANTAGES 
OF  SAID   COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  210  of  the  acts  of  the  current  year  is  hereby 
amended  by  striking  out  section  3  and  inserting  in  place 
thereof  the  following  section :  —  Section  3.  The  state  secre- 
tary shall  cause  to  be  placed  on  the  official  ballot  to  be  used 
in  the  cities  and  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  Gen- 
eral Court  in  the  year  nineteen  hundred  and  fifty-four,  en- 
titled '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  May  28,  1954. 

An  Act  relative  to  the  retirement  and  pension  rights  C hap. 51S 
OF  members  of  certain  retirement  systems  on  account 
OF  service  rendered  in  the  liquidation  of  certain 

BANKING    CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  493  of  the  acts  of  1946  is  hereby  amended  by 
striking  out  section  2,  as  amended  by  chapter  754  of  the 
acts  of  1950,  and  inserting  in  place  thereof  the  following 
section :  —  Section  2.  Any  member  of  the  state,  teachers 
or  State-Boston  retirement  system  or  of  any  county,  city 
or  town  contributory  retirement  system  who  has  heretofore 


440 


Acts,  1954.  —  Chaps.  519,  520. 


served  in  such  liquidation  shall  receive  similar  credit;  pro- 
vided, that  he  shall  before  January  first,  nineteen  hundred 
and  fifty-six.  and  in  any  event  before  his  retirement,  have 
paid  into  the  appropriate  annuity  savings  fund  in  one  sum 
or  in  installments  as  approved  by  the  appropriate  retire- 
ment board  an  amount  equal  to  what  he  would  have  paid 
during  the  term  of  such  service,  with  regular  interest. 

Approved  May  28,  1954. 


Chap. 519  An    Act    further    regulating    the    registration    of 

QUALIFIED    PHYSICIANS. 


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


Re-examina- 
tions for 
registration 
as  physician. 


G.  L.  (Ter. 
Ed.),  112, 
§  2A,  etc., 
amended. 


Certain 
certificates 
in  lieu  of 
examination, 
accepted. 


Fee. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  2  of  chapter  112  of  the  General  Laws 
is  hereby  amended  by  striking  out  the  fourth  sentence,  as 
appearing  in  section  37  of  chapter  451  of  the  acts  of  1939, 
and  inserting  in  place  thereof  the  following  sentence:  — 
An  applicant  failing  to  pass  an  examination  satisfactory  to 
the  board  shall  be  entitled  to  two  re-examinations  within 
two  years  at  a  meeting  of  the  board  called  for  the  exami- 
nation of  applicants  upon  payment  of  a  further  fee  of  ten 
dollars  for  each  re-examination;  but  two  such  re-exami- 
nations shall  exhaust  his  privilege  under  his  original  appli- 
cation. 

Section  2.  Section  2A  of  said  chapter  112,  as  amended 
by  section  3  of  chapter  396  of  the  acts  of  1945,  is  hereby 
further  amended  by  striking  out,  in  line  11,  the  word 
"twenty-five"  and  inserting  in  place  thereof  the  word:  — 
fifty,  —  so  as  to  read  as  follows:  —  Sectiori  2 A.  In  deter- 
mining the  qualifications  necessary  for  registration  as  a 
qualified  physician,  the  board  may  at  its  discretion  accept 
the  certificate  of  the  National  Board  of  Medical  Examiners 
of  the  United  States,  chartered  under  the  laws  of  the  Dis- 
trict of  Columbia,  or  the  certificate  of  the  National  Board 
of  Examiners  for  Osteopathic  Physicians  and  Surgeons  of 
the  American  Osteopathic  Association,  in  place  of  and  as 
equivalent  to  its  own  professional  examination;  but  before 
registration  in  pursuance  of  this  section  the  applicant  therefor 
shall  pay  a  fee  of  fifty  dollars.        Approved  May  28,  1954. 


Chap. 520  An  Act  providing  for  certain  improvements  at  the 

BRISTOL  COUNTY  JAIL  AND  HOUSE  OF  CORRECTION  IN  NEW 
BEDFORD. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Section  1  of  chapter  419  of  the  acts  of  1953 
is  hereby  amended  by  striking  out,  in  fine  5,  the  word  "fifty" 
and  inserting  in  place  thereof  the  word:  —  sixty-eight,  — so 
as  to  read  as  follows:  —  Section  1.  The  county  commis- 
sioners of  Bristol  county  are  liereby  authorized  and  directed 
to  raise  and  expend  under  the  direction  of  the  sheriff  of 
said  county  a  sum  of  monej'^  not  exceeding  one  hundred  and 


Acts,  1954. —  Chaps.  52L  522.  441 

fifteen  thousand  dollars  for  the  purpose  of  installing  one 
hundred  and  sixty-eight  water  closets  and  wash  bowls  at  the 
Bristol  county  jail  and  house  of  correction  in  New  Bedford. 
Section  2.  The  additional  water  closets  and  wash  bowls 
provided  for  by  section  one  of  this  act  shall  be  purchased 
and  installed  by  open  competitive  bids  and  the  award  shall 
be  made  to  the  lowest  responsible  bidder. 

Approved  May  28,  195 If. 

An  Act  relative  to  payment  of  old  age  assistance  to  Chav  521 

PERSONS   cared   FOR  IN   CERTAIN   CHARITABLE  HOMES   FOR 

the  aged. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  118A  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  lA,  inserted  by  section  2  of  chapter  519  flA.  Itf.^' 
of  the  acts  of  1950,  and  inserting  the  following  in  place  a^n^ended. 
thereof:  —  Section  lA.    Assistance  shall  be  given  under  the  Payment  of 
provisions  of  this  chapter  to  an  aged  person  in  any  boarding  °ggis^t|nce  to 
home  or  institution  although  he  is  being  cared  for  under  a  persons  in 
contract,  and  in  the  same  manner  as  if  there  were  no  con-  tract'cha°rt'abie 
tract;  provided,  that  such  person  is  a  resident  in  a  home  for  th^fz^ed"and 
the  aged,  incorporated  under  chapter  one  hundred  and  eighty  regulated. 
or  by  special  act  as  a  charitable  home  for  the  aged,  and  the 
trustees  or  directors  thereof  can  prove  that  the  amount  paid 
to  said  home  by  such  person  or  in  his  behalf  is  insufl:icient  to 
permit  continued  performance  of  the  contract.     In  deter- 
mining the  eligibility  of  an  applicant  in  such  a  home  for  old 
age  assistance,  the  rate  of  seventy-five  dollars  per  month 
shall  be  applied  against  the  entrance  fee  or  deposits  he  has 
placed  with  the  home,  and  if  such  fee  or  deposits  have  not 
been  used  up  under  the  monthly  rate  of  seventy-five  dol- 
lars, he  shall  not  be  eligible  to  old  age  assistance  until  such 
time  as  the  deposit  has  been  exhausted  in  accordance  with 
this  rate.     If  such  home  has  trust  funds  from  which  it  re- 
ceives a  regular  income  for  the  maintenance  of  the  home, 
the  amount  of  such  income  shall  be  equally  divided  among 
all  the  persons  cared  for  in  the  home,  regardless  of  whether 
they  are  receiving  old  age  assistance  or  not,  and  the  amount 
so  allocated  for  a  recipient  of  old  age  assistance  shall  be 
deducted  from  said  assistance. 

Approved  May  28,  1954. 

An  Act  relative  to  admissions  to  the  lemuel  shattuck  (Jhav  522 

HOSPITAL   AND    CHARGES   THEREAT. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  111  of  the  General  Laws  is  hereby  amended  by  o.  l.  (Ter. 
inserting   after   section    G9D,    under   the   caption    Lemuel  new'§§^69E- 
SHATTUCK    HOSPITAL    the    five    following    sections:  —  ^g^.  eoi,  added. 
tion  69E.    Upon  written  application  of  a  registered  physi-  to  LemlfeT 
clan,  the  department  may  admit  as  a  patient  to  the  Lemuel  Ho^sp-Jai' 


442 


Acts,  1954. —  Chap.  523. 


Notice  of 
admission  of 
needy  person. 


Notice,  when 
to  constitute 
application. 


Charges. 


Liability  for 

charges. 

established. 

Exceptions. 


Shattuck  Hospital,  for  the  treatment  of  chronic  disease,  sub- 
ject to  such  rules  and  regulations  as  the  department  may  pre- 
scribe, any  person  residing  in  the  commonwealth  for  at  least 
two  years  within  the  period  of  three  years  immediately  prior 
to  the  date  of  such  application.  Any  such  patient  may  be 
discharged  from  said  hospital  either  upon  his  own  request 
or  upon  determination  of  the  department,  but  not  otherwise. 

Section  69F.  Notice  of  admission  of  a  needy  person  shall 
be  given  within  ten  days  to  the  board  of  public  welfare  of  the 
town  in  which  such  person  resided  immediately  prior  to  his 
admission. 

Section  69G.  In  the  case  of  a  needy  person  not  already 
in  receipt  of  public  assistance,  the  notice  of  admission  shall 
constitute  an  application  on  behalf  of  the  patient.  Upon 
receipt  of  such  application,  the  board  of  public  welfare  shall 
determine  his  eligibility  for  assistance,  and  if  he  is  found 
eligible,  he  shall  be  granted  the  type  of  assistance  for  which 
he  qualifies,  from  the  date  of  the  notice  or  application. 

Section  69H.  The  charges  for  the  support  of  persons  re- 
ceiving care  in  said  hospital  shall  be  at  the  rate  determined 
from  time  to  time  by  the  department. 

Section  691.  A  person,  his  executor,  or  administrator, 
shall  be  liable  in  contract  for  such  charges  except  that  per- 
sons in  receipt  of  public  assistance  shall  have  their  respon- 
sibility for  payment  of  such  charges  fixed  in  accordance 
with  the  provisions  of  the  particular  category  of  assistance 
under  which  they  are  aided.  Persons  or  kindred  bound  by 
law  to  support  such  needy  persons,  not  ehgible  for  public 
assistance,  shall  be  assessed  in  accordance  with  a  schedule 
approved  by  the  department.  In  all  proceedings  under 
this  section,  the  sworn  written  statement  of  a  person  that 
he  is  the  superintendent  of  said  hospital,  or  that  he  keeps 
or  has  custody  of  records  relating  to  inmates  thereof,  and 
that  a  person  has  been  a  duly  admitted  patient  therein  dur- 
ing a  stated  period  at  a  stated  charge,  and  that  said  charge 
has  not  been  paid  in  whole  or  in  part,  and  the  sworn  written 
statement  of  an  official  of  the  hospital  or  department  that 
notice  of  admission  of  the  said  patient  was  given  on  a  stated 
date  to  the  board  of  public  welfare  of  prior  residence,  that 
the  charges  for  support  of  said  patient  were  determined 
pursuant  to  the  provisions  of  section  sixty-nine  H,  and  that 
no  satisfactory  security  was  given  for  his  support,  shall  be 
prima  facie  evidence  of  the  said  facts. 

Approved  May  28,  195Jf. 


C/iap. 523  An  Act  creating  the  Brighton  watertown  incinerator 

AUTHORITY   AND   DEFINING   ITS    POWERS   AND    DUTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  order  to  eliminate  the  nuisances  attendant 
upon  the  dumping  of  refuse  and  garbage  produced  in  the 
town  of  Watertown  and  the  Brighton  district  of  the  city  of 
Boston,  there  is  hereby  created  a  public  body  politic  and 


Acts,  1954. —  Chap.  523.  443 

corporate  to  be  known  as  the  Brighton  Watertown  Incin- 
erator Authority,  which  is  hereby  authorized  and  directed  to 
acquire  so  much  of  the  land  constituting  the  site  of  the  exist- 
ing dump  on  Grove  street  in  the  town  of  Watertown  as  said 
authority  may  deem  necessary,  but  in  no  event  more  than 
ten  acres,  and  to  construct,  maintain  and  operate  on  the 
land  so  acquired  a  refuse  disposal  incinerator  of  sufficient 
size  to  provide  adequate  disposal  facilities  for  all  combustible 
refuse  and  garbage  produced  in  the  town  of  Watertown  and 
the  Brighton  district  of  the  city  of  Boston.  After  the  con- 
struction of  such  incinerator  is  completed,  no  refuse  or 
garbage  produced  in  said  town  or  said  district  shall,  unless 
it  is  incombustible  refuse,  be  deposited  at  any  dump  within 
the  commonwealth  except  in  case  of  emergency. 

Said  authority  is  hereby  constituted  a  pubhc  instrumen- 
tality; and  the  performance  by  it  of  the  duties  imposed,  and 
the  exercise  by  it  of  the  powers  conferred,  by  this  act  shall 
be  deemed  and  held  to  be  the  performance  of  essential  gov- 
ernmental functions.  Said  authority  shall  be  deemed  to  be 
an  instrumentality  within  the  meaning  of  chapter  one  hun- 
dred and  eighteen  C  of  the  General  Laws;  but  the  pro- 
visions of  chapter  thirty-one  of  the  General  Laws  shall  not 
apply  to  any  officer,  agent  or  employee  of  said  authority. 

Section  2.  The  authority  created  by  section  one  of  this 
act  shall  consist  of  the  commissioner  of  public  works  of  the 
city  of  Boston  or  such  other  officer  or  chairman  of  a  board 
of  said  city  as  shall  from  time  to  time  have  charge  of  the  dis- 
posal of  refuse  and  garbage  in  said  city,  ex  officio,  and  the 
superintendent  of  highways  of  the  town  of  Watertown  or 
such  other  officer  or  chairman  of  a  board  of  said  town  as 
shall  from  time  to  time  have  charge  of  the  disposal  of  refuse 
and  garbage  in  said  town,  ex  officio,  each  of  whom  shall 
serve  without  compensation,  but  shall  be  reimbursed  for  ex- 
penses necessarily  incurred  in  the  performance  of  his  duties. 

The  authority  shall  from  time  to  time  elect  a  secretary- 
treasurer  who  shall  execute  a  surety  bond  in  such  penal 
sum  as  the  authority  shall  from  time  to  time  determine, 
such  bond  to  be  conditioned  upon  the  faithful  performance 
of  the  duties  of  his  office,  executed  by  a  surety  company 
authorized  to  transact  business  in  the  commonwealth  as 
surety,  approved  by  the  attorney  general  and  filed  in  the 
office  of  the  state  secretary.  The  premium  on  such  bond 
shall  be  paid  by  the  authority. 

Section  3.  The  authority  is  hereby  authorized  and  em- 
powered — 

(a)  To  adopt  by-laws  for  the  regulation  of  its  affairs  and 
the  conduct  of  its  business; 

(&)  To  adopt  an  official  seal  and  alter  the  same  at  pleasure ; 

(c)  To  sue  and  be  sued,  and  to  plead  and  be  impleaded, 
in  its  own  name; 

{d)  To  acquire  in  the  name  of  the  authority  by  purchase 
or  otherwise,  on  such  terms  and  conditions  and  in  such  man- 
ner as  it  may  deem  proper,  or  by  the  exercise  of  the  power 


444  Acts,  1954. —  Chap.  523. 

of  eminent  donaain  in  accordance  with  the  provisions  of 
chapter  seventy-nine  of  the  General  Laws  or  any  alternative 
method  now  or  hereafter  provided  by  general  law,  in  so  far 
as  such  provisions  may  be  applicable,  so  much  of  the  land 
constituting  the  site  of  the  existing  dump  on  Grove  street 
in  the  town  of  Water  town  as  it  may  deem  necessary  for 
carrying  out  the  provisions  of  this  act,  but  in  no  event  more 
than  ten  acres; 

(e)  To  construct,  maintain  and  operate  on  the  land  so 
acquired  a  refuse  disposal  incinerator  of  sufficient  size  to 
provide  adequate  disposal  facilities  for  all  combustible 
refuse  and  garbage  produced  in  the  town  of  Watertown  and 
the  Brighton  district  of  the  city  of  Boston; 

(/)  To  dispose  of  the  ash  and  residue  from  said  incinerator 
in  such  manner  as  it  shall  adjudge  most  advantageous,  and 
for  such  purpose  to  lease  from  the  town  of  Watertown  any 
or  all  of  the  remaining  land  constituting  the  site  of  said  dump 
on  Grove  street  in  said  town; 

(g)  To  establish  rules  and  regulations,  and  fix  policies,  for 
the  operation  of  said  incinerator  and  the  reception  thereat  of 
refuse  and  garbage; 

(h)  To  receive  at  said  incinerator  and  incinerate  therein 
combustible  refuse  and  garbage  originating  in  the  town  of 
Watertown  and  the  Brighton  district  of  the  city  of  Boston 
when  brought  to  said  incinerator  otherwise  than  by  said 
town,  said  city  or  their  agents  or  contractors,  and  to  fix  and 
revise  from  time  to  time  and  charge  and  collect  fees  for  such 
reception  and  incineration; 

(i)  To  receive  at  said  incinerator,  and  incinerate  therein, 
whenever  the  full  capacity  of  said  incinerator  is  not  required 
for  the  incineration  of  combustible  refuse  and  garbage  orig- 
inating in  the  town  of  Watertown  and  the  Brighton  district 
of  the  city  of  Boston,  combustible  refuse  and  garbage  orig- 
inating in  other  districts  of  the  city  of  Boston; 

0)  To  receive  and  accept  from  any  federal  agency  grants 
for  or  in  aid  of  the  construction  of  said  incinerator,  and  to 
receive  and  accept  contributions  from  any  source  of  either 
money,  property,  labor  or  other  things  of  value,  to  be  held, 
used  and  applied  only  for  the  purposes  for  which  such  grants 
and  contributions  may  be  made; 

(/c)  To  lease,  sell  or  otherwise  dispose  of  any  real  or  per- 
sonal property,  or  any  interest  therein,  which  it  shall  deter- 
mine to  be  no  longer  needed  for  the  purposes  of  this  act,  and 
to  invest  from  time  to  time  in  obligations  of  the  government 
of  the  United  States  or  of  the  commonwealth  any  portions 
of  its  working  capital  fund  which  it  shall  adjudge  temporarily 
unnecessary  for  the  purposes  of  said  fund;   and 

(0  To  make  all  contracts  and  agreements  necessary  or 
incidental  to  the  performance  of  its  duties  and  the  execu- 
tion of  its  powers  under  this  act,  to  employ  a  plant  super- 
intendent and  such  other  employees  and  agents,  including 
engineering  and  financial  experts,  attorneys  and  accountants, 
as  may  be  necessary  in  its  judgment,  and  to  fix  their  com- 


Acts,  1954. —  Chap.  523.  445 

pensation,  and  to  do  all  acts  and  things  necessary  or  con- 
venient to  carry  out  the  powers  expressly  granted  in  this 
act. 

Section  4.  To  provide  for  the  expenses  of  constructing 
said  incinerator  and  of  making  any  major  alteration  thereto 
or  any  major  repair  thereof,  and  for  the  establishment  of  a 
working  capital  fund,  the  authority  may  from  time  to  time 
borrow  from  the  city  of  Boston  and  the  town  of  Watertown, 
and  said  city  and  said  town  may  from  time  to  time  loan  to 
the  authority,  in  the  case  of  said  city,  such  sums  not  exceed- 
ing, in  the  aggregate,  one  million  dollars  as  the  authority 
shall  request  of  said  city,  and  in  the  case  of  said  town,  such 
suras  not  exceeding,  in  the  aggregate,  five  hundred  thousand 
dollars  as  the  authority  shall  request  of  said  town.  The 
authority  shall  repay  every  loan  made  to  it  under  this  sec- 
tion in  the  same  instalments  and  with  the  same  interest  as 
shall  be  payable  on  debt  incurred  under  section  five  to  make 
such  loan.  No  bond  or  note  given  by  the  authority  to  evi- 
dence a  loan  made  to  it  under  this  section  shall,  without 
special  authorization  from  the  general  court,  be  disposed  of 
by  the  city  or  town  to  which  it  is  given. 

Section  5.  For  the  purpose  of  providing  funds  to  make 
loans  requested  by  the  authority  under  section  four,  the  city 
treasurer  of  the  city  of  Boston  and  the  town  treasurer  of 
the  town  of  Watertown  shall,  without  further  authority 
than  that  contained  in  this  section,  in  the  name  and  behalf 
of  their  respective  municipalities,  borrow  from  time  to  time 
such  sums  as  may  be  necessary,  not  exceeding  in  the  aggre- 
gate, in  the  case  of  said  city,  one  million  dollars,  and  in  the 
case  of  said  town,  five  hundred  thousand  dollars,  and  may 
issue  therefor  bonds  and  notes,  which  shall  bear  on  their 
face,  in  the  case  of  said  city,  the  words,  City  of  Boston, 
Brighton  Watertown  Incinerator  Loan,  Act  of  1954,  and  in 
the  case  of  said  town,  the  words,  Town  of  Watertown, 
Brighton  Watertown  Incinerator  Loan,  Act  of  1954.  Each 
issue  shall  constitute  a  separate  loan;  and  such  loans  shall 
be  paid  in  not  more  than  twenty  years  from  their  dates. 
Debt  incurred  from  time  to  time  under  this  section  by  said 
city  and  said  town  shall  be  included  in  determining  their 
respective  limits  of  indebtedness  as  estabhshed  by  law,  and 
shall,  except  as  herein  provided,  be  subject  to  the  provisions, 
respectively  applicable  to  them,  of  chapter  forty-four  of  the 
General  Laws,  exclusive  of  the  hmitation  contained  in  the 
first  paragraph  of  section  seven  thereof.  Anything  in  sec- 
tion twenty  of  said  chapter  forty-four  to  the  contrary  not- 
withstanding, any  premium  received  upon  any  bonds  or 
notes  issued  under  this  section  shall  be  paid  to  the  authority 
after  deducting  therefrom  the  cost  of  preparing,  issuing  and 
marketing  such  bonds  or  notes 

Section  6.  The  authority  shall  keep  a  daily  record  of  the 
aggregate  amount  of  refuse  and  garbage  deposited  in  the  in- 
cinerator by  the  city  of  Boston,  and  of  the  aggregate  amount 
of  refuse  and  garbage  deposited  therein  by  the  town  of 


446  Acts,  1954. —  Chap.  523. 

Watertown,  and,  beginning  with  the  calendar  month  next 
after  the  calendar  month  in  which  construction  of  the  incin- 
erator is  completed,  shall,  not  later  than  the  tenth  day  of 
each  calendar  month,  compute  the  net  cost  of  maintaining 
and  operating  said  incinerator  during  the  preceding  calendar 
month  and  apportion  such  cost  between  the  city  of  Boston 
and  the  town  of  Watertown  in  proportion  to  the  aggregate 
amount  of  refuse  and  garbage  respectively  deposited  in  said 
incinerator  by  said  city  and  said  town  during  such  preceding 
month  and  notify  said  cit)'  and  said  town  of  such  computation 
and  apportionment;  and  the  city  treasurer  of  said  city  and 
the  town  treasurer  of  said  town  shall  thereupon  forthwith, 
without  further  authorization  than  herein  contained,  pa}'  to 
the  authority  out  of  any  available  funds  in  the  treasury  of 
said  city  or  said  town,  as  the  case  may  be,  the  sum  respec- 
tively apportioned  to  such  city  or  town.  There  shall  be  in- 
cluded in  computing  the  cost  of  maintaining  and  operating 
the  incinerator  during  any  calendar  month  the  administra- 
tive expenses  of  the  authority  during  such  month  and  also 
all  instalments  of  principal  and  interest  on  debt  accruing 
during  such  month.  Administrative  expenses,  interest  and 
instalment  payments  on  principal  accruing  prior  to  the  com- 
pletion of  the  construction  of  the  incinerator  shall  be  treated 
as  expenses  of  construction.  If  at  any  time  the  authority 
shall  have  funds  which  in  its  judgment  are  not  required  for 
the  purposes  of  this  act,  it  shall  forthwith  distribute  such 
funds  to  said  city  and  said  town  in  proportion  to  the  amounts 
which  have  been  respectively  apportioned  to  them  under 
this  section. 

Section  7.  The  authority  and  all  its  real  and  personal 
property  shall  be  exempt  from  taxation  and  from  betterments 
and  special  assessments;  and  the  authority  shall  not  be  re- 
quired to  pay  any  tax,  excise  or  assessment  to  or  for  the 
commonwealth  or  any  of  its  political  subdivisions;  nor  shall 
the  authority  be  required  to  pay  any  fee  or  charge  for  any 
permit  or  Hcense  issued  to  it  by  the  commonwealth,  by  any 
department,  board  or  officer  thereof,  or  by  any  political  sub- 
division of  the  commonwealth,  or  by  any  department, 
board  or  officer  of  such  political  subdivision;  nor  shall  the 
authority  be  liable  for  any  injury,  loss  or  damage  suffered 
by  any  person  or  property  by  reason  of  any  ordinary  or 
gross  negligence  of  the  authority  or  any  of  its  officers,  em- 
ployees or  agents;  provided,  however,  that  it  shall  be  liable 
as  an  employer  under  chapter  one  hundred  and  fifty-two  of 
the  General  Laws  and  shall  insure  against  such  liability. 

Section  8.  On  or  before  the  last  day  of  January  in  each 
year,  the  authority  shall  make  an  annual  report  of  its  ac- 
tivities for  the  preceding  calendar  year  to  the  governor  and 
to  the  general  court.  Each  such  report  shall  set  forth  a 
complete  operating  and  financial  statement  covering  its  op- 
erations during  such  year.  The  authority  shall  cause  an 
audit  of  its  books  to  be  made  at  least  once  in  each  year  by 
the  director  of  accounts  in  the  state  department  of  corpora- 


Acts,  1954. -- Chaps.  524,  525.  447 

tions  and  taxation;  and  the  cost  thereof  shall  be  treated  as 
part  of  the  cost  of  operating  said  incinerator.  Such  audits 
shall  be  deemed  to  be  public  records  within  the  meaning  of 
chapter  sixty-six  of  the  General  Laws. 

Section  9.  If  at  any  time  the  authority  shall  be  dis- 
solved, its  corporate  existence  shall  continue  as  provided  in 
section  fifty-one  of  chapter  one  hundred  and  fifty-five  of  the 
General  Laws,  and  its  assets  shall  be  liquidated  and  the  pro- 
ceeds distributed  between  the  city  of  Boston  and  the  town  of 
Watertown  in  proportion  to  the  amounts  which  have  been 
respectively  apportioned  to  them  under  section  six  of  this  act. 

Section  10.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  city  of  Boston,  by  vote  of  the  city  council  of 
said  city  approved  by  the  mayor,  and  by  the  town  of  Water- 
town  by  a  majority  of  the  town  meeting  members  present 
and  voting  thereon  at  an  annual  or  special  town  meeting 
called  for  the  purpose,  and  the  filing  of  certificates  of  such 
acceptances  with  the  state  secretary;  provided,  that  such 
acceptances  and  filing  occur  during  the  current  year. 

Ay-proved  May  28,  1954- 

An  Act  providing  for  the  distribution  of  state  funds  (J^av  524 

FOR    THE    sanding    OF    PUBLIC    WAYS    IN    SMALL    TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Section  26  of  chapter  81  of  the  General  Laws  is  hereby  g  l  (Ter. 
amended  by  striking  out  the  last  paragraph,  as  amended  by  fgR-p^^g 
section  2  of  chapter  706  of  the  acts  of  1949,  and  inserting  amended'.' 
in  place  thereof  the  following  paragraph:  — 

The  cost  of  snow  removal  upon  such  ways  in  any  such  Cost  of  snow 
town,  including  amounts  paid  as  rental  for  trucks  and  other  clnah! towns. 
equipment,  and,  at  hourly  rates  approved  by  the  department 
of  public  works,  charges  for  the  use  of  trucks  and  other 
equipment  owned  by  such  town,  and  the  cost  of  sanding 
such  ways  in  any  such  town  may  be  paid  from  the  amounts 
so  appropriated  and  contributed,  at  the  rate  of  not  more 
than  seventy-five  dollars  per  mile. 

Approved  May  28,  1954. 

An  Act  allowing  the  owner  or  director  of  a  nursing  QfiQr}  525 

HOME  TO  appeal  TO  THE  COMMISSIONER  OF  PUBLIC  WEL- 
FARE  FOR  AN  INCREASE  IN  THE  ASSISTANCE  ALLOWED  TO 
RECIPIENTS    OF   PUBLIC   AID. 

Be  it  enacted,  etc.,  as  follows: 

The  last  paragraph  of  section  1  of  chapter  118A  of  the  o.  l.  (Ter. 
General  Laws,  as  appearing  in  section  2  of  chapter  525  of  f'l.Vto^^'^' 
the  acts  of  1951,  is  hereby  amended  by  adding  at  the  end  the  amended. 
following  sentence:  —  The  owner  or  director  of  a  nursing  Right  of 
home  shall  have  the  right  to  appeal  to  the  commissioner  of  "o"appea*i"f?r 
public  welfare  for  an  increase  in  the  amount  of  assistance  increase  in 
allowed  to  a  person  resident  in  such  a  nursing  home,  who 


448  Acts,  1954.  —  Chaps.  526,  527. 

certain  cMes.     ^^  ^^  ^®^*^  °^  extraordinary  care,  if  such  person,  upon  the 
granted.      '     Written  Statement  of  a  registered  physician,  is  incapable  of 
making  such  an  appeal  in  his  own  behalf. 

Approved  May  28,  1954. 

Chap.52Q  An  Act  authorizing  the  mystic  river  bridge  authority 

TO  INSURE  its  EMPLOYEES  UNDER  THE  MASSACHUSETTS 
EMPLOYMENT   SECURITY   LAW. 

Be  it  enacted,  etc.,  as  follows: 

The  Mystic  River  Bridge  Authority  is  hereby  authorized 
to  insure  its  employees  under  the  provisions  of  the  Employ- 
ment Security  Law  and  to  become  liable  for  payments 
instead  of  contributions  as  provided  in  subsection  (o)  of 
section  fourteen  of  chapter  one  hundred  and  fifty-one  A  of 
the  General  Laws.  Approved  May  28,  1954- 

Chap. 527  An  Act  relative  to  the  salaries  of  the  chief  justice, 

ASSOCIATE  JUSTICES,  CLERKS,  PROBATION  OFFICERS  AND 
COURT  OFFICERS  OF  THE  MUNICIPAL  COURT  OF  THE  CITY  OF 
BOSTON. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  L  Section  two  A  of  chapter  seven  hundred 
and  forty-nine  of  the  acts  of  nineteen  hundred  and  fifty-one 
is  hereby  repealed. 

Section  2.  All  persons  appointed  on  or  after  September 
first,  nineteen  hundred  and  fifty-one,  to  any  of  the  offices 
and  positions  in  the  municipal  court  of  the  city  of  Boston 
referred  to  in  chapter  two  hundred  and  eighteen  and  chapter 
two  hundred  and  seventy-six  of  the  General  Laws  shall  be 
compensated  as  of  the  dates  of  their  respective  appoint- 
ments as  if  the  provisions  of  said  section  two  A  of  chapter 
seven  hundred  and  forty-nine  of  the  acts  of  nineteen  hundred 
and  fifty-one  had  not  been  included  in  said  chapter  seven 
hundred  and  forty-nine. 

Section  3.  All  persons  employed  on  April  twenty-ninth 
in  the  current  year  as  probation  officers  in  said  municipal 
court  of  the  city  of  Boston  shall  be  paid  an  amount  equal 
to  the  difference  between  the  amount  of  compensation 
which  they  have  received  and  the  amount  of  compensation 
which  they  would  have  received  if  their  salary  had  not  been 
reduced  by  reason  of  the  appointment  of  a  chief  justice  of 
said  court. 

Section  4.  This  act  shall  not  apply  to  any  person  ap- 
pointed between  the  effective  date  of  this  act  and  January 
fifth,  nineteen  hundred  and  fifty-five. 

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

Approved  June  1,  1954. 


Acts,  1954. —  Chap.  528.  449 


An  Act  providing  for  interlocutory  reports  to  the  Chap. 52S 

SUPREME     judicial     COURT     IN     CRIMINAL     CASES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  278  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Xer. 
inserting  after  section  30  the  following  section:  —  Section  ^^^^'^^^qj^^ 
80 A.     If,  prior  to  the  trial  of  a  person  in  a  criminal  case  added. 
in  the  superior  court,  a  question  of  law  arises  which,  in  the  JeportsTn°'^ 
opinion  of  the  presiding  justice,  is  so  important  or  doubtful  certain 

^  .  V,  .      V  .'  r     ,1  •      T    •    1  ,    criminal  cases, 

as  to  require  the  decision  of  the  supreme  judicial  court  authorized. 
thereon  before  trial,  in  the  interest  of  justice,  he  may  report 
the  case  so  far  as  necessary  to  present  the  question  of  law 
arising  therein;   and  thereupon  the  case  shall  be  continued 
for  trial  to  await  the  decision  of  the  supreme  judicial  court. 

Approved  June  1,  1954- 

The  Commonwe.\lth  of  Mass.^chusetts, 
Executive  Department,  State  House, 

Boston,  June  2,  1954. 

Honorable    Edward    J.    Cronin,    Secretary    of    the    Commonwealth, 
St'ite  House,  Boston. 

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  pubhc  convenience  requires  that  the  law  passed  on 
the  first  day  of  June  in  the  year  one  thousand  nine  hundred 
and  fifty-four,  being  Chapter  528  of  the  Acts  of  1954  en- 
titled, "An  Act  Providing  for  Interlocutory  Reports  to  the 
Supreme  Judicial  Court  in  Criminal  Cases",  should  take 
effect  forthwith  and  that  it  is  an  emergency  law,  and  that 
facts  constituting  the  emergency  are  as  follows: 

If  this  legislation  does  not  become  effective  immediately, 
it  will  delay  the  reporting  of  matters  now  pending  in  our 
Criminal  Courts  which  can  be  assignable  for  trial  in  Septem- 
ber of  the  current  year  instead  of  being  tried  in  January  of 
next  year. 

Very  truly  yours. 

Christian  A.  Herter, 

Governor  of  the  Commonwealth. 
Office  of  the  Secretary,  Boston,  June  2,    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  eleven  o'clock  and  forty  minutes, 
A.M.,  on  the  above  date,  and  in  accordance  with  Article 
Forty-eight  of  the  Amendments  to  the  Constitution  said 
chapter  takes  effect  forthwith,  being  chapter  five  hundred 
and  twenty-eight  of  the  acts  of  nineteen  hundred  and  fifty- 
four. 

Edward  J.  Cronin, 

Secretary  of  the  Commonwealth. 


450 


Acts,  1954. —  Chap.  529. 


Emergency 
preamble. 


G.  L   (Ter. 
Ed.).  12, 
new  55  8A- 
81.  added. 
Definitions. 


Chap. 529  An  Act  establishing  the  division  of  public  charities 

IN    THE    DEPARTMENT    OF    THE    ATTORNEY    GENERAL,    AND 
DEFINING    ITS    POWERS    AND    DUTIES. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  provide  that  the  division 
of  public  charities  estabUshed  herein  shall  enforce  immedi- 
ately the  due  application  of  funds  given  or  appropriated  to 
public  charities,  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  12  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  8  the  following  nine 
sections:  —  Section  8 A.  As  used  in  this  section  and  sections 
eight  B  to  eight  I,  inclusive,  the  following  words  and  phrases 
shall,  unless  a  different  meaning  is  plainly  required  by  the 
context,  have  the  following  meanings:  — 

"Director",  the  director  of  public  charities  appointed 
pursuant  to  the  provisions  of  section  eight  C. 

"Division",  the  division  of  pubhc  charities  established 
under  section  eight  B, 

Section  8B.  There  shall  be  in  the  department  of  the 
attorney  general  a  division  of  public  charities  which  shall, 
under  the  direction  and  control  of  the  attorney  general,  per- 
form the  duties  imposed  upon  him  by  the  provisions  of  sec- 
tion eight. 

Section  8C.  The  executive  and  administrative  head  of 
the  division  shall  be  an  assistant  attorney  general  desig- 
nated by  the  attorney  general  to  act  as  the  director  of  public 
charities. 

Section  8D.  The  director  may  appoint  and  remove,  sub- 
ject to  the  approval  of  the  attorney  general,  such  accounting, 
investment,  clerical  and  other  experts  and  assistants  as  the 
work  of  the  division  may  require. 

Section  8E.  A  charitable  corporation  established,  or- 
ganized or  chartered  under  laws  other  than  those  of  the 
commonwealth,  except  the  Grand  Army  of  the  Republic, 
the  United  Spanish  War  Veterans,  The  American  Legion, 
the  Disabled  American  Veterans  of  the  World  War,  and 
the  Veterans  of  Foreign  Wars  of  the  United  States,  shall, 
before  engaging  in  charitable  work  or  raising  funds  in  the 
commonwealth,  file  with  the  division  a  copy  of  its  charter, 
articles  or  certificate  of  incorporation,  certified  under  the 
seal  of  the  state  or  country  where  such  corporation  is  incor- 
porated, by  the  secretary  of  state  thereof  or  by  the  officer 
having  charge  of  the  original  record  therein,  and  a  true  copy 
of  its  constitution  and  by-laws,  and  shall  also  file  with  the 
division  such  other  information  as  may  from  time  to  time 
be  required  by  it.  Every  officer  of  such  a  corporation  which 
fails  to  comply  with  the  requirements  of  this  section  who 
authorizes  or  transacts,  and  every  agent  of  such  a  corpora- 


Division  of 

public 

charities, 

established. 


Director 


Personnel  of 
division. 


Operation 
of  certain 
charitable 
corporations, 
regulated. 

Copy  of 
charter,  to 
be  filed  with 
division. 


Acts,  1954.  — Chap.  529.  451 

tion  who  transacts,  business  in  behalf  of  such  corporation  in  Penalty, 
this  commonwealth,  shall  be  punished  by  a  fine  of  not  more 
than  five  hundred  dollars.  Upon  an  information  in  equity 
by  the  attorney  general,  the  supreme  judicial  or  superior 
court  may  restrain  the  violation  of  this  section  by  such  a 
corporation  or  the  transaction  of  any  business  in  its  behalf 
by  any  officer  or  agent  while  such  violation  continues. 

Section  8F.  The  trustee  or  trustees  or  the  governing  Annual 
board  of  every  public  charity,  including  those  referred  to  ptfbiic^hari- 
in  section  eight  E,  shall  annually,  on  or  before  June  first,  J;|f|;eo°{°*®°*'® 
or  on  or  before  the  sixtieth  day  following  the  end  of  its  fiscal  prescribed, 
year  if  its  fiscal  year  shall  end  in  April  or  May,  file  with  the 
division  a  written  report  for  its  last  preceding  fiscal' year,  or 
its  last  preceding  calendar  year  if  it  has  no  fiscal  year.  Such 
report  shall  state:  the  names  and  addresses  of  the  trustees, 
or  if  the  public  charity  is  an  organization,  the  name  and 
address  of  the  organization  and  the  names  and  addresses  of 
the  members  of  its  principal  governing  board  and  of  its  prin- 
cipal ofiicers,  and  if  the  organization  is  a  corporation,  the 
statute  under  which  it  was  incorporated;  the  aggregate 
value  of  endowment  and  other  funds,  the  aggregate  value  of 
real  estate,  and  the  aggregate  value  of  tangible  personal 
property  held  and  administered  by  the  public  charity  for 
charitable,  educational,  benevolent,  humane  or  philan- 
thropic purposes  or  for  other  purposes  of  pubhc  charity,  all 
as  shown  by  the  books  of  the  public  charity  at  the  end  of 
said  fiscal  year,  and  the  aggregate  income  and  the  aggregate 
expenditures  of  the  public  charity  for  such  fiscal  year;  pro- 
vided, however,  that  a  pubhc  charity  which  annually  fur- 
nishes to  interested  persons  or  publishes  a  financial  report 
containing  information  as  to  endowment  and  other  funds, 
real  estate  or  tangible  personal  property,  income  and  expendi- 
tures required  by  the  preceding  sentence,  may  file  a  copy  of 
such  financial  report  for  any  year  with  the  division  as  its  re- 
port for  such  year  under  this  section  as  to  the  matters  cov- 
ered by  said  financial  report,  and  provided,  further,  that  a 
public  charity  which  is  required  by  law  to  file  accounts  in  a 
probate  court  of  the  commonwealth  may  file  a  copy  of  such 
account  for  any  year  with  the  division  as  its  report  for  such 
year  under  this  section  as  to  the  matters  covered  by  said 
account.  This  section  shall  not  apply  to  any  property  held 
for  any  religious  purpose  by  any  public  charity,  incorporated 
or  unincorporated.  There  shall  be  a  filing  fee  of  three  dol-  Fee. 
lars  for  each  such  report,  to  be  paid  to  the  division  at  the 
time  of  filing.  In  the  event  that  any  pubhc  charity  shall 
fail  for  two  successive  years  to  file  a  report  as  required  here- 
under, the  division  may  take  such  action  as  may  be  appro- 
priate to  compel  compliance  with  the  provisions  of  this  sec- 
tion. 

Section  8G.    The  attorney  general  shall  be  made  a  party  Attorney 
to  all  judicial  proceedings  in  which  he  may  be  interested  in  brparty*to 
the  performance  of  his  duties  under  section  eight,  and  serv-  a'l  judicial 
ice  upon  or  notice  to  the  director  in  any  such  proceeding  p'^°''®®  ™^®" 


452 


Acts,  1954. —  Chap.  530. 


Powers  of 
division. 


Rules  and 
regulations. 


G.  L.  (Ter. 
Ed.),  217, 
§  19,  etc., 
amended. 


G.  L.  (Ter. 
Ed  ),  68, 
§  15,  etc., 
repealed. 


G.  L.  (Ter. 
Ed.),  180, 
§  12,  etc.. 
repealed. 


G.  L.  (Ter. 
Ed.),  180. 
§  12.'V,  etc., 
repealed. 


shall  be  deemed  sufficient  service  upon  or  notice  to  the  at- 
torney general. 

Section  811.  Upon  application  to  and  with  the  approval 
of  a  judge  of  a  probate  court  or  a  justice  of  the  supreme 
judicial  court,  the  division  may  at  any  time  examine  all  the 
books  and  records,  and  investigate  the  administration  of 
any  public  charity,  and  the  director  may  require  the  at- 
tendance and  testimony  of  witnesses,  who  shall  be  summoned 
in  the  same  manner  and  paid  the  same  fees  as  witnesses  in 
the  superior  court.  Such  witnesses  shall  be  duly  sworn  and 
shall  give  their  testimony  under  the  pains  and  penalties  of 
perjury. 

Section  81.  The  director  shall,  with  the  approval  of  the 
governor  and  council,  from  time  to  time  formulate  such 
reasonable  rules  and  regulations  as  may  be  advisable  with 
reference  to  the  filing  of  reports  under  the  provisions  of  sec- 
tion eight  F  and  the  conduct  of  examinations  and  investiga- 
tions under  the  provisions  of  section  eight  H,  and  such  rules 
and  regulations  shall  thereafter  govern  all  such  matters. 

Section  2.  Section  19  of  chapter  217  of  the  General 
Laws,  as  most  recently  amended  by  section  1  of  chapter  354 
of  the  acts  of  1948,  is  hereby  further  amended  by  striking 
out,  in  lines  5  and  6,  the  words  "department  of  public  wel- 
fare and  to  the  attorney  general"  and  inserting  in  place 
thereof  the  words:  —  division  of  pubUc  charities  established 
by  section  eight  B  of  chapter  twelve. 

Section  3.  Section  fifteen  of  chapter  sixty-eight  of  the 
General  Laws,  as  most  recently  amended  by  chapter  twenty- 
three  of  the  acts  of  nineteen  hundred  and  forty-six,  is  hereby 
repealed. 

Section  4.  Section  twelve  of  chapter  one  hundred  and 
eighty  of  the  General  Laws,  as  most  recently  amended  by 
section  two  of  chapter  three  hundred  and  fifty-four  of  the 
acts  of  nineteen  hundred  and  forty-eight,  is  hereby  repealed. 

Section  5.  Section  twelve  A  of  said  chapter  one  hun- 
dred and  eighty,  as  most  recently  amended  by  chapter 
twenty-five  of  the  acts  of  nineteen  hundred  and  forty-six, 
is  hereby  repealed.  A-p-proved  June  1,  195/,.. 


Chap.530  An  Act  permitting  campaign  contributions  by  public 

OFFICERS. 


G.  L.  (Ter. 
Ed.),  55, 
§  13,  etc., 
amended. 


Campaign 
contributions 
by  public 
officers, 
permitted. 


Be  it  enacted,  etc.,  as  folloivs: 

Section  13  of  chapter  55  of  the  General  Laws,  as  appear- 
ing in  section  10  of  chapter  537  of  the  acts  of  1946,  is  hereby 
amended  by  inserting  after  the  first  paragraph  the  following 
paragraph :  — 

Nothing  in  this  section  shall  be  construed  to  prevent  any 
person  holding  elective  public  office  from  contributing  to  a 
candidate  or  to  an  elected  or  non-elected  political  committee. 

Approved  June  1,  1964- 


Acts,  1954.  —  Chaps.  531,  532.  453 


An  Act  authorizing  the  city  of  boston  to  continue  to  Chap.5Sl 

PROVIDE  training  AND  INSTRUCTION  IN  INDUSTRIAL  ARTS 
FOR  CERTAIN  STUDENTS  AT  THE  STATE  TEACHERS  COLLEGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  8  of  chapter  618  of  the  acts  of  1952  is  hereby 
amended  by  striking  out  the  last  sentence  and  inserting  in 
place  thereof  the  following  sentence:  —  Anything  in  this  act 
to  the  contrary  notwithstanding,  the  city,  acting  by  its 
school  committee,  may,  under  the  auspices  of  the  state  de- 
partment of  education  but  without  cost  to  the  common- 
wealth, provide,  so  long  as  said  school  committee  shall  elect 
so  to  do,  for  any  students  at  the  state  teachers  college  at 
Boston,  such  training  and  instruction  in  industrial  arts,  in- 
cluding such  facilities  therefor,  as  has  heretofore  been  pro- 
vided by  said  city  for  students  at  the  city's  teachers  college; 
provided,  however,  that  the  city,  acting  as  aforesaid,  shall, 
under  such  auspices  but  without  such  cost,  provide  such 
training  and  instruction  until  September  first,  nineteen  hun- 
dred and  fifty-six,  for  students  who  are  now,  or  in  September 
of  the  current  year  would  be,  enrolled  in  the  industrial  arts 
course  in  the  city's  teachers  college  and  who  become  students 
at  the  state  teachers  college  at  Boston. 

Approved  June  1,  1954. 


An  Act  to  provide  for  the  division  of  the  city  of  Chap.5S2 

NEWTON  INTO  EIGHT  WARDS  AND  TO  INCREASE  THE  NUM- 
BER OF  ALDERMEN  TO  TWENTY-FOUR  AND  THE  NUMBER 
OF  MEMBERS  OF  THE  SCHOOL  COMMITTEE  TO  EIGHT. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Chapter  283  of  the  acts  of  1897  is  hereby 
amended  by  striking  out  section  2  and  inserting  in  place 
thereof  the  following  section:  —  Section  2.  The  territory 
of  said  city  shall  be  divided  into  eight  wards. 

Section  2.  Said  chapter  283  is  hereby  further  amended 
by  striking  out  section  4  and  inserting  in  place  thereof  the 
following  section:  —  Section  4-  The  biennial  city  election 
shall  be  held  in  each  odd  numbered  year  on  the  Tuesday 
next  after  the  first  Monday  in  November,  at  which  there 
shall  be  elected  by  ballot  a  mayor,  sixteen  aldermen-at- 
large,  eight  aldermen  by  wards,  and  eight  members  of  the 
school  committee,  all  for  a  term  of  two  years  from  the  first 
secular  day  in  January  following  their  election  and  until 
their  successors  are  qualified.  The  board  of  aldermen  shall 
consist  of  twenty-four  members  until  otherwise  provided. 
There  shall  be  elected  by  and  from  the  voters  of  the  city 
the  mayor,  two  aldermen-at-large  from  each  ward  and  one 
member  of  the  school  committee  from  each  ward  and  there 
shall  be  elected  by  and  from  the  voters  of  each  ward  one 
alderman  by  the  ward. 


454  Acts,  1954. —  Chap.  533. 

Section  3.  Said  chapter  283  is  hereby  further  amended 
by  striking  out  section  19  and  inserting  in  place  thereof  the 
following  section:  —  Section  19.  The  management  and 
control  of  the  public  schools  shall  be  vested  in  the  school 
committee,  which  shall  exercise  the  powers  and  discharge 
the  duties  imposed  by  law  upon  school  committees.  The 
committee  shall  consist  of  the  mayor,  ex-officio,  and  eight 
members,  one  from  each  ward  of  the  city.  Section  thirty- 
six  of  chapter  forty-three  of  the  General  Laws  shall  apply 
to  vacancies  in  the  school  committee,  except  that  for  the 
purposes  hereof  where  the  words  "first  Monday  in  January" 
are  used  in  said  section  they  shall  be  deemed  to  mean  the 
first  secular  day  in  January. 

Section  4.  The  board  of  aldermen  shall,  as  soon  as 
may  be  after  the  acceptance  of  this  act  as  provided  in  sec- 
tion six,  and  in  any  event  prior  to  the  thirty-first  day  of 
December  in  the  year  nineteen  hundred  and  fifty-four, 
make  a  redivision  of  the  territory  of  said  city  into  wards 
in  the  manner  provided  in  section  one  of  chapter  fifty-four 
of  the  General  Laws  to  which  redivision  when  made  the 
provisions  of  sections  one  to  five,  inclusive,  of  said  chapter 
fifty-four  shall  apply;  provided,  that  the  board  of  aldermen 
in  making  such  redivision  into  wards  may  take  into  con- 
sideration the  probable  growth  and  development  of  such 
city  in  a  five-year  period  following  the  making  of  such  re- 
division. 

Section  5.  All  acts  and  parts  of  acts  inconsistent  here- 
with are  hereby  repealed. 

Section  6.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Newton  at  the  next 
biennial  state  election  in  the  form  of  the  following  question 
which  shall  be  placed  on  the  official  ballot  to  be  used  in  said 
city  at  said  election:  —  "Shall  an  act  passed  by  the  general 
court  in  the  year  nineteen  hundred  and  fifty-four  entitled 
*An  Act  to  Provide  for  the  Division  of  the  City  of  Newton 
into  Eight  Wards  and  to  Increase  the  Number  of  Aldermen 
to  Twenty-four  and  the  Number  of  Members  of  the  School 
Committee  to  Eight'  be  accepted?"  If  a  majority  of  the 
voters  voting  thereon  vote  in  the  affirmative  on  said  question 
this  act  shall  thereupon  take  full  effect,  but  not  otherwise. 

Approved  June  1,  1954- 


Chav.5SS  An  Act  exempting  county  beaches  from  the  control 

AND  supervision  OF  THE   DEPARTMENT  OF  PUBLIC  WORKS. 

Be  it  enacted,  etc.,  as  follows: 

gj^-^Jer.  Section  61  of  chapter  91  of  the  General  Laws,  inserted  by 

§  61,' etc.,         section  2  of  chapter  666  of  the  acts  of  1953,  is  hereby  further 
amended.         amended  by  adding  at  the  end  the  following  paragraph:  — 
Control  of  This  sectiou  shall  not  apply  to  any  area  under  the  manage- 

beachea.  meut  or  control  of  a  county  or  the  county  commissioners 

thereof.  Approved  June  7,  1954- 


Acts,  1954. —  Chaps.  534,  535.  455 


An  Act  authorizing  the  department  of  public  works  Chav  534 

TO  ACQUIRE  CERTAIN  LAND  IN  THE  TOWN  OF  BELMONT 
FOR  THE  PURPOSE  OF  CONSTRUCTING  A  DISTRICT  OFFICE 
ADMINISTRATIVE    BUILDING. 

Be  it  enacted,  etc.,  as  follows: 

The  commissioner  of  public  works  on  behalf  of  the  com- 
monwealth may  take  by  eminent  domain  under  chapter 
seventy-nine  of  the  General  Laws,  or  acquire  by  purchase 
or  Otherwise,  for  the  purpose  of  constructing  a  district  office 
administrative  building,  subject  to  the  approval  of  the 
governor  and  council,  certain  land  in  the  town  of  Belmont. 
Any  person  whose  property  has  been  taken  or  injured  by 
any  action  of  the  department  of  public  works  under  au- 
thority of  this  act  may  recover  compensation  therefor  from 
the  commonwealth  under  said  chapter  seventy-nine. 

Approved  June  1,  1954. 

An  Act  establishing  the  rights  and  remedies  of  holders  Chap.5S5 
OF  obligations  of  boston  metropolitan  district. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  383  of  the  acts  of  1929  is  hereby  amended  by 
striking  out  section  12,  as  amended  by  section  10  of  chapter 
572  of  the  acts  of  1949,  and  inserting  in  place  thereof  the 
following  section :  —  Section  12.  On  or  before  the  fifteenth 
day  of  June  in  each  year  the  trustees  shall  certify  to  the  state 
treasurer  the  estimated  amount  required  for  the  current 
expenses  of  the  district  for  the  ensuing  year  beginning  on 
July  first,  together  with  the  amounts  to  be  raised  by  taxation 
as  authorized  or  directed  by  this  or  subsequent  acts  to  be  so 
raised  and  shall  also  certify  from  time  to  time  the  amount 
required  to  pay  any  judgments,  or  notes  issued  to  provide 
funds  for  payment  of  any  judgments,  for  which  bonds  could 
not  be  issued,  and  the  commonwealth  shall  thereupon  pay 
over  to  the  district  the  amounts  so  certified.  In  addition, 
if  at  any  time  lawful  obligations  of  the  district  are  due  or 
about  to  come  due  and  funds  to  pay  the  same  are  not  avail- 
able, the  trustees  shall  certify  to  the  state  treasurer  the 
amount  required  to  meet  such  obligations,  including  interest 
due  and  accruing,  and  the  commonwealth  shall  thereupon 
pay  over  to  the  district  the  amount  so  certified.  In  case 
any  notes  shall  be  issued  under  section  ten  to  provide  for  the 
payment  of  obligations  for  which  funds  are  not  otherwise 
available,  the  trustees  shall  reasonably  in  advance  of  the 
maturity  of  such  notes  certify  as  aforesaid  the  amount  needed 
to  pay  the  principal  and  interest  of  such  notes  at  their 
maturity.  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  as  hereinafter  provided  upon  the  cities  and  towns 
constituting  the  district,  such  sums  of  money  as  may  be 


456  Acts,  1954.  — Chap.  536. 

necessary  to  make  said  payments  and  he  shall  repay  any 
sums  so  borrowed  as  soon  after  such  assessments  are  paid 
as  is  expedient. 

If  the  commonwealth  shall  not  within  a  reasonable  time 
make  any  payment  required  by  this  section  to  be  made  to 
the  district  upon  a  certification  of  the  trustees  hereunder, 
the  district  or,  in  the  case  of  a  certification  made  hereunder 
to  provide  funds  to  meet  lawful  obligations  of  the  district, 
any  holder  of  an  unpaid  bond  or  note  of  the  district  acting 
in  the  name  and  on  behalf  of  the  district,  shall  have  the 
right  to  require  the  commonwealth  to  pay  to  the  district  the 
amount  of  such  certification  remaining  unpaid,  which  right 
shall  be  enforceable  as  a  claim  against  the  commonwealth. 
The  district  or  any  such  holder  of  an  unpaid  bond  or  note 
of  the  district  may  file  a  petition  in  the  superior  court  for 
Suffolk  county  to  enforce  such  claim  or  intervene  in  any 
such  proceeding  already  commenced,  and  the  provisions 
of  chapter  two  hundred  and  fifty-eight  of  the  General  Laws 
shall  apply  to  such  petition  in  so  far  as  it  relates  to  the  en- 
forcement of  a  claim  against  the  commonwealth ;  in  addition 
any  such  holder  who  shall  have  filed  such  a  petition  and 
caused  the  district  to  be  joined  as  a  party  defendant  in  such  a 
proceeding  may  apply  for  an  order  of  said  court  requiring 
the  district  to  apply  funds  received  by  the  district  on  its 
claim  against  the  commonwealth  to  the  payment  of  the 
petitioner's  unpaid  bond  or  note,  and  said  court  if  it  finds 
such  amount  to  be  due  to  him  shall  issue  such  an  order. 

In  case  the  commonwealth  shall  be  called  upon  to  pay 
the  district  any  amount  under  this  section,  such  amount, 
with  interest  or  other  charges  incurred  in  borrowing  the 
money  for  the  purpose,  shall  be  assessed  upon  the  cities  and 
towns  constituting  the  district  as  provided  by  section  twenty 
of  chapter  fifty-nine  of  the  General  Laws  in  proportion  to  the 
amount  of  property  as  last  previously  established  by  the 
general  court  for  said  cities  and  towns  as  a  basis  of  appor- 
tionment for  state  and  county  taxes. 

Approved  June  1,  1954- 

C/iap. 536  A^  -^^'^  AUTHORIZING  THE  COUNTY  OF  BARNSTABLE   TO  PUR- 
CHASE  AND    MAINTAIN   AN   AIRPLANE. 

Be  it  enacted,  etc.,  as  follows: 

The  county  commissioners  of  Barnstable  county  are  hereby 
authorized  to  purchase  and  maintain  an  airplane  to  be  op- 
erated under  the  jurisdiction  of  the  county  commissioners 
of  said  county  for  the  prevention  and  detection  of  fires, 
search  for  lost  persons,  drowning  victims,  missing  boats  or 
fugitive  criminals,  for  traflnic  surveys  and  for  the  protection 
of  lives  and  property;  such  plane  to  be  purchased  by  open 
competitive  bids  and  the  award  to  be  made  to  the  lowest 
responsible  bidder.  Approved  June  1,  1954- 


Acts,  1954.  — Chap.  537.  457 

An  Act  establishing  a  council  for  the  aging.        Chav  537 
Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  17  of  chapter  6  of  the  General  Laws  g.  l.  (Xer. 
is  hereby  amended  by  inserting  after  the  word  "board"  the  ^tc.! amended. 
second  time  it  occurs  in  Une  15,  as  appearing  in  section  1  of      ' 
chapter  608  of  the  acts  of  1953,  the  words:  — ,  council  for 
the  aging,  —  so  as  to  read  as  follows:  —  Section  17.     The  council  tor 
armory  commission,  the  art  commission,  the  commission  on  esfabiifhed 
administration  and  finance,  the  commissioner  of  veterans' 
services,  the  commissioners  on  uniform  state  laws,  the  pub- 
he  bequest  commission,  the  state  ballot  law  commission,  the 
board  of  trustees  of  the  Soldiers'  Home  in  Massachusetts, 
the  board  of  trustees  of  the  Soldiers'  Home  in  Holyoke,  the 
milk  regulation  board,  the  alcohohc  beverages  control  com- 
mission, the  state  housing  board,  the  trustees  of  the  state 
hbrary,  the  state  racing  commission,  the  Greylock  reserva- 
tion commission,  the  Port  of  Boston  commission,  the  Massa- 
chusetts  commission   against   discrimination,   the   outdoor 
advertising  authority,  the  commission  on  alcohoUsm,  the 
state  airport  management  board,  weather  amendment  board, 
council  for  the  aging  and  the  Massachusetts  aeronautics 
commission  shall  serve  under  the  governor  and  council,  and 
shall  be  subject  to  such  supervision  as  the  governor  and 
council  deem  necessary  and  proper. 

Section  2.    Said  chapter  6  is  hereby  further  amended  by  g.  l.  (Ter. 
adding  at  the  end,  under  the  caption  council  for  the  f  rs.'addeZ 
AGING,  the  following  section :  —  Section  73.    There  shall  be  Membership 
a  board,  to  be  known  as  the  council  for  the  aging,  herein-  ^^  council, 
after  called  the  council,  to  consist  of  the  commissioner  of 
education,  the  commissioner  of  mental  health,  the  commis- 
sioner of  public  health,  the  commissioner  of  pubHc  welfare, 
the  commissioner  of  labor  and  industries,  or  their  respective 
representatives,  and  four  members  to  be  appointed  by  the 
governor,  with  the  advice  and  consent  of  the  council.    The 
members  shall  serve  without  compensation  but  shall  receive 
their  necessary  expenses  incurred  in  the  discharge  of  their 
official  duties.    The  chairman  of  the  council  shall  be  desig- 
nated from  time  to  time  by  the  governor.    Upon  the  expira- 
tion of  the  terai  of  a  member  appointed  by  the  governor,  his 
successor  shall  be  appointed  in  the  same  manner  for  a  term 
of  six  years.    Said  council  shall  act  in  an  advisory  and  con-  Purpose  of 
sultative  capacity  with  the  general  objective  of  co-ordinating  '=°"'''"'- 
within  the  several  departments  of  the  commonwealth  pro- 
grams designed  to  meet  the  problems  of  the  aging  and  may 
promote,  assist  and  co-ordinate  activities  designed  to  meet 
such  problems  at  community  levels. 

Section  3.    Of  the  members  of  the  council  for  the  aging  Terms  of 
first  appointed  by  the  governor,  with  the  advice  and  consent  ^p^fnTe^d  by 
of  the  council,  under  authority  of  this  act,  one  shall  be  ap-  governor. 
pointed  for  the  term  of  one  year,  one  for  the  term  of  two 
years,  one  for  the  term  of  three  years  and  one  for  the  term 
of  four  years.  Approved  June  1,  1954' 


458 


Acts,  1954. —  Chap.  538. 


G.  L.  (Ter. 
Ed.),  Ill,  new 
§  57C, added. 


Establishment 
of  clinics  for 
care  of  the 
aging, 
authorized. 


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

Admission  of 
certain  aging 
persons  to 
Lakeville, 
authorized. 


C/iap. 538  An  Act  creating  facilities  for  care  of  the  aging. 
Be  it  enacted,  etc.,  asfolloios: 

Section  1.  Chapter  111  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  57B,  inserted  by  chap- 
ter 382  of  the  acts  of  1953,  the  following  section:  —  Sec- 
tion 57C.  The  department,  with  the  co-operation  of  local 
boards  of  health,  hospitals,  dispensaries  or  other  agencies 
shall  establish  and  maintain  cUnics  for  the  aging  in  such 
parts  of  the  commonwealth  as  it  may  deem  most  advan- 
tageous to  the  public  health  and  may  otherwise  provide 
services  and  treatment  for  aging  citizens  subject  to  such 
rules  and  regulations  as  the  department  may  from  time  to 
time  establish.  For  the  purposes  of  this  section,  "services 
and  treatment"  shall  include  transportation,  or  the  reason- 
able cost  of  such  transportation,  to  and  from  the  place 
where  treatment  is  given  whenever  the  patient  is  not  able 
to  pay  for  such  transportation. 

Section  2.  Said  chapter  111  is  hereby  further  amended 
by  striking  out  section  65A,  as  most  recently  amended  by 
chapter  383  of  the  acts  of  1953,  and  inserting  in  place  thereof 
the  following  section:  —  Section  65 A.  The  department  may 
admit  to  the  Lakeville  state  sanatorium  persons  suffering 
from  extra-pulmonary  tuberculosis,  persons  crippled  by 
poliomyelitis  (infantile  paralysis)  or  arthritis,  aging  persons, 
and  crippled  children  as  defined  in  the  regulations  of  the 
department;  provided,  that  no  person  shall  be  admitted 
who  has  not  been  a  resident  of  the  commonwealth  for  at 
least  twelve  months  preceding  the  date  of  his  application 
for  admission,  and  that  preference  shall  be  given  to  citizens 
of  the  commonwealth. 

Section  3.  Section  71  of  said  chapter  111,  as  amended 
by  section  9  of  chapter  602  of  the  acts  of  1952,  is  hereby 
further  amended  by  striking  out  the  tenth  sentence  and 
inserting  in  place  thereof  the  following  sentence:  —  The 
fee  for  the  issue  or  renewal  of  each  license  in  the  case  of  a 
hospital  or  sanatorium  shall  be  fifty  dollars  and  in  the  case 
of  a  convalescent  or  nursing  home,  infirmary  maintained  in 
a  town,  or  boarding  home  for  the  aged  shall  be  twenty-five 
dollars  and  the  license  shall  not  be  transferable  or  assignable 
and  shall  be  issued  only  for  the  premises  named  in  the 
application. 

Section  4.  The  first  paragraph  of  section  79  of  said 
chapter  111,  as  appearing  in  chapter  343  of  the  acts  of  1936, 
is  hereby  amended  by  adding  at  the  end  the  following  two 
sentences:  —  Any  city  or  town,  which  on  June  first,  nineteen 
hundred  and  fifty-four  is  furnishing  tuberculosis  hospital 
provision  to  the  satisfaction  of  the  department  in  a  tubercu- 
losis hospital  maintained  by  said  city  or  town  or  in  a  building 
or  ward  of  a  hospital  set  apart  by  said  city  or  town  for  its 
tubercular  patients,  may  contract  with  any  other  city  or 
town  or  with  any  county  or  with  the  department  or  with  a 
private  charitable  tuberculosis  sanatorium  or  hospital,  for 


G.  L.  (Ter. 
Ed.).  Ill,  §71, 
etc.,  amended. 


Fees. 


G.  L.  (Ter. 
Ed.),  Ill,  §  79, 
etc.,  amended. 


Contracts  for 
hospital  care 
of  certflin 
tubercular 
patients. 


Acts,  1954.  — Chap.  539.  459 

a  term  of  not  more  than  three  years,  for  suitable  hospital 
provision,  at  not  exceeding  the  actual  cost  to  the  city,  town, 
county,  commonwealth,  department,  or  private  institution, 
as  the  case  may  be,  for  tubercular  patients  from  said  city, 
town  or  county,  all  of  said  contracts  to  be  subject  to  depart- 
ment approval  and  with  the  provision  that  arrangements 
made  thereunder  shall  not  be  discontinued  except  after  one 
year's  written  notice  between  the  contracting  parties.  The  Contents 
department  may  contract  with  any  county  for  care  of  tuber-  terms°^etc. 
cular  patients  for  a  term  of  not  more  than  three  years,  said 
contract  being  renewable  on  terms  satisfactory  to  the  con- 
tracting parties  for  not  more  than  a  similar  period,  the  cost 
of  care  to  the  department  not  to  exceed  actual  cost  to  the 
county  and  such  arrangements  between  the  department 
and  the  county  shall  not  be  discontinued  except  after  one 
year's  written  notice  between  the  contracting  parties. 

Section  5.    Section  91  of  said  chapter  111,  as  appearing  g.  l.  (Ter. 
in  the  Tercentenary  Edition,  is  hereby  amended  by  inserting  Amended.' '  ^^* 
after  the  word  "patients",  in  line  15,  the  words:  — ,  or  in 
any  other  pubhc  or  private  faciUty  caring  for  patients  with 
tuberculosis. 

Section  6.    Said  chapter  111  is  hereby  further  amended  ^;^\{J^'- 
by  inserting  after  section  91,  as  so  appearing,  the  following  r.ew§§9iA, 
two  sections:  —  Section  91  A.    When,  in  the  opinion  of  the  ^i^,  added. 
county  commissioners  of  any  county  or  the  trustees  of  the  ^eXin^'ounfy 
Bristol  county  tuberculosis  hospital,  there  is  no  longer  need  hospital.-,  into 
in  said  county  for  hospital  facilities  for  the  treatment  and  b.°\^T. 
care  of  those  suffering  from  pulmonary  tuberculosis,   the  '^'"'^"^'i- 
commissioners,  or  the  trustees  of  Bristol  county  sanatorium, 
upon  approval  of  the  department,  may  convert  any  tubercu- 
losis hospital  into  a  home  for  the  care  and  treatment  of 
aging  persons  and  may  from  time  to  time  fix  the  charge 
for  board,  care  and  treatment  at  not  more  than  the  actual 
cost  to  the  county  or  district.     Following  any  such  con- 
version the  home  shall  be  continued  under  the  general  super- 
vision of  the  department  of  public  health. 

Section  91B.    When,  in  the  opinion  of  the  board  of  health  Conversion  of 

p  ••  A.  j.1.  •  I  I   •  •  1      •.       certain  tuber- 

of  any  city  or  town,  there  is  no  longer  any  need  in  said  city  cuIoms  hospital 
or  town  for  hospital  facilities  for  the  treatment  and  care  of  hompiTor°*° 
those  suffering  from  pulmonary  tuberculosis,  the  board  of  «gine. 
health,  upon  approval  of  the  department,  may  convert  any  p*'''^"®  • 
tuberculosis  hospital  into  a  home  for  the  care  and  treatment 
of  aging  persons  at  not  more  than  the  actual  cost  to  the  city 
or  town.    Following  any  such  conversion  the  home  shall  be 
continued  under  the  general  supervision  of  the  department 
of  pubUc  health.  Approved  June  I,  1954. 

An  Act  relative  to   offences   and   punishment  for  Qhav  539 

NEGLECT   OF  MINOR   CHILDREN.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1  of  chapter  273  of  the  General  Laws,  as  amended  g^y  ^Jl'-.  j 
by  section  1  of  chapter  177  of  the  acts  of  1939,  is  hereby  etoi.  amended'. 


460  Acts,  1954. —  Chap.  540. 

further  amended  by  striking  out  the  first  sentence  and  in- 
Nejjiectof  serting  in  place  thereof  the  following  sentence:  —  Any  hus- 
fSrther'^defined;  band  Or  father  who  without  just  cause  deserts  his  wife  or 
minor  child,  whether  by  going  into  another  town  in  the 
conunonwealth  or  into  another  state,  and  leaves  them  or  any 
or  either  of  them  without  making  reasonable  provision  for 
their  support,  and  any  husband  or  father  who  unreasonably 
neglects  or  refuses  to  provide  for  the  support  and  main- 
tenance of  his  wife,  whether  living  with  him  or  living  apart 
from  him  for  justifiable  cause,  or  of  his  minor  child,  and  any 
husband  or  father  who  abandons  or  leaves  his  wife  or  minor 
child  in  danger  of  becoming  a  burden  upon  the  public,  and 
any  mother  who  deserts  or  wilfully  neglects  or  refuses  to 
provide  for  the  support  and  maintenance  of  her  child  under 
the  age  of  sixteen,  and  any  parent  of  a  minor  child,  or  any 
guardian  with  care  and  custody  of  a  minor  child,  or  any 
custodian  of  a  minor  child,  who  wilfully  fails  to  provide 
necessary  and  proper  physical,  educational  or  moral  care 
and  guidance,  or  who  permits  said  child  to  grow  up  under 
conditions  or  circumstances  damaging  to  the  child's  sound 
character  development,  or  who  fails  to  provide  proper  atten- 
Penaity.  tjon  for  Said  child,  shall  be  punished  by  a  fine  of  not  more 

than  two  hundred  dollars  or  by  imprisonment  for  not  more 
than  one  year,  or  both.  Approved  June  1,  1954- 

Chap. 54:0  An  Act  authorizing  the  town  of  Winchester  to  con- 
struct A  SEWER  IN  WRIGHT  STREET  IN  THE  TOWN  OF 
ARLINGTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Winchester  is  hereby  authorized 
to  construct  an  extension  of  its  sewerage  system  for  a  dis- 
tance of  approximately  seven  hundred  feet  in  a  portion  of 
a  way  called  Wright  street  in  the  town  of  Arlington,  such 
extension  to  be  subject  to  the  approval  of  the  selectmen  of 
said  town  of  Arlington. 

Section  2.  Upon  the  completion  of  the  sewer  extension 
authorized  by  section  one,  the  town  of  Winchester  shall 
restore  such  portion  of  Wright  street  to  the  condition  that 
it  was  in  at  the  time  of  starting  construction,  subject  to  the 
approval  of  the  selectmen  of  the  town  of  Arlington,  and  shall 
indemnify  and  hold  harmless  said  town  of  Arlington  for  and 
because  of  any  damage  or  expense  which  may  result  to  it 
by  reason  of  the  construction  of  such  sewer.  Any  such 
damage  or  expense  so  suffered  by  the  town  of  Arlington  may 
be  recovered  by  it  from  the  town  of  Winchester  in  an  action 
of  contract. 

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

Approved  June  2,  1954. 


Acts,  1954.  —  Chaps.  541,  542.  461 


An  Act  validating  an  appropriation  by   the  town  of  (JJidj)  541 

SWANSEA    for    ITS    INDUSTRIAL    COMMISSION     DURING    THE  ^' 

CURRENT   YEAR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  vote  passed  by  the  town  of  Swansea  at 
its  annual  town  meeting  held  March  eighth,  nineteen  hun- 
dred and  fifty-four,  appropriating  the  sum  of  fifteen  hundred 
dollars  for  the  use  of  its  existing  industrial  commission,  is 
hereby  vaUdated  and  confirmed  and  such  action  shall  have 
the  same  force  and  effect  as  though  chapter  two  hundred  and 
ninety-seven  of  the  acts  of  the  current  year,  which  authorized 
such  an  appropriation  to  be  made,  was  in  effect  at  the  time 
of  the  posting  of  the  warrant  for  said  annual  town  meeting. 

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

Approved  June  2,  1954' 

An  Act  relative  to  expenditures  for  the  care,  main-  Chap. 542 
tenance   and   repair   of  tuberculosis   hospitals   in 
certain  counties. 

Whereas,  The  deferred  operation  of  this  act  would  result  Emergency 
in  unnecessarily  extending  the  period  during  which  ex-  p''®^™^^®- 
penditures  by  certain  counties  for  tuberculosis  hospital 
purposes  would  be  made  without  express  authorization 
therefor  by  the  general  court,  therefore  this  act  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  trustees  of  the  Bristol  county  tuberculosis  hospital 
and  the  county  commissioners  of  the  other  counties  herein- 
after specified  are  hereby  authorized  to  expend  for  the  year 
nineteen  hundred  and  fifty-four  the  sums  set  forth  in  this 
act  for  the  care,  maintenance  and  repair  of  the  county 
tuberculosis  hospitals  within  their  respective  counties,  and 
to  assess  the  same  in  the  manner  set  forth  in  section  eighty- 
five  of  chapter  one  hundred  and  eleven  of  the  General  Laws. 

The  sums  set  forth  are  based  upon  detailed  schedules 
approved  by  the  joint  committee  on  counties,  copies  of 
which  are  deposited  with  the  director  of  accounts. 

Said  director  shall  file  with  said  trustees  and  said  county 
commissioners  and  with  the  county  treasurer  a  certification 
of  the  amounts  set  forth  in  the  approved  schedules  for  such 
hospitals.  Except  as  provided  by  this  act  or  except  as 
otherwise  provided  by  law,  no  liability  may  be  incurred 
and  no  expenditure  shall  be  made  in  excess  of  the  amount 
available  in  an  existing  main  group,  a  class  or  a  sub-class. 

Transfers  from  a  main  group  to  another  main  group  may 
be  made  upon  written  request  of  said  trustees  or  said  county 
commissioners  with  the  written  approval  of  the  director  of 
accounts  and  copies  of  said  request  and  approval  shall  be 
filed  with  the  county  treasurer. 


462  Acts,  1954.  — Chap.  542. 

Transfers  within  an  appropriation  between  classes  and 
between  sub-classes  within  a  main  group  may  be  made  by 
said  trustees  or  said  county  commissioners  whenever  in 
their  opinion  public  necessity  and  convenience  so  requires; 
provided,  however,  that  no  transfer  shall  be  made  within 
the  classes  of  the  main  group  "personal  services". 

No  direct  drafts  against  the  account  known  as  the  reserve 
fund  shall  be  made,  but  transfers  from  this  account  to  other 
accounts  may  be  made  to  meet  extraordinary  or  unforeseen 
expenditures  upon  the  request  of  said  trustees  and  said 
county  commissioners  with  the  approval  of  the  director  of 
accounts.  No  direct  drafts  against  the  account  called  reserve 
for  salary  adjustments  shall  be  made,  but  transfers  from 
this  account  may  be  made,  upon  the  request  of  said  trustees 
and  said  county  commissioners  and  with  the  approval  of  the 
director  of  accounts,  to  meet  expenditures  for  salaries. 

Bristol  Countt. 


Item 

1. 

2. 

3. 

4. 

5. 

7. 

9. 
11. 
11a. 

For  personal  services 

For  contractual  services     . 

For  supplies  and  materials 

For  current  charges  and  obligations 

For  equipment 

For  land  and  nonstructural 

For  deljt  and  interest 

For  reserve  fund 

For  reserve  for  salary  adjustment 

For  total  expenditures    . 

$200,370  00 

35,250  00 

85,890  00 

18,313  06 

10,730  00 

1,200  00 

11,798  50 

2,500  00 

2,100  00 

$368,151  56 

Essex  County. 

Item 

1. 

2. 

3. 

4. 

6. 

9. 
10. 
11. 
11a. 

For  personal  services 

For  contractual  services 

For  supplies  and  materials 

For  current  charges  and  obligations 

For  equipment 

For  debt  and  interest 

For  unpaid  bills  of  previous  years 

For  reserve  fund 

For  reserve  for  salary  adjustment 

For  total  expenditures    . 

$616,170  00 

55,200  00 

279,900  00 

65,500  no 

19,250  00 
10,200  00 

2,000  00 
10,000  00 

8,600  00 

$1,066,820  00 

Mfddlesex  County. 

Item 

1. 
2. 

3. 

4. 

5. 

6. 

9. 
10. 
11a. 

E 

For  personal  services 

For  contractual  services     . 

For  supplies  and  materials 

For  current  charges  and  obligations 

For  equipment 

For  structures  and  improvements 

For  debt  and  interest 

For  unpaid  bills  of  previous  years 

For  reserve  for  salary  adjustment 

For  total  expenditures    . 

.       $947,227  00 

73,555  00 

403,580  00 

47,586  71 

12,875  00 

2.700  00 

11,000  00 

1.000  00 

9,000  00 

$1,508,523  71 

Acts,  1954.  — Chap.  543. 


463 


Norfolk  County. 


Item 


2. 

For 

3. 

For 

4. 

For 

5. 

For 

7. 

For 

9. 

For 

10. 

For 

11. 

For 

11a 

For 

For  personal  services 
contractual  services 
supplies  and  materials 
current  charges  and  obligations 
equipment 

land  and  nonstructural 
debt  and  interest 
unpaid  bills  of  previous  years 
reserve  fund 
reserve  for  salary  adjustment 

For  total  expenditures    . 


$477,490  00 

55,090  00 

190  950  00 

23,209  55 

8,550  00 

200  00 

7,000  00 

200  00 

7,600  00 

4,700  00 

$774,889  55 


Plymouth  County. 


Item 


1. 

For 

2. 

For 

3. 

For 

4. 

For 

5. 

For 

6. 

For 

7. 

For 

9. 

For 

11. 

For 

11a. 

For 

personal  services 

contractual  services 

supplies  and  materials 

current  charges  and  obligations 

equipment 

structures  and  improvements 

land  and  nonstructural 

debt  and  interest 

reserve  fund 

reserve  for  salary  adjustment 


For  total  expenditures    . 


376  41 

41,309  72 

144,420  00 

34,556  27 

18,176  00 

500  00 

1,000  00 

25,400  00 

10,000  00 

3,300  00 

$585,038  40 


Wokcester  County. 


Item 

1.  For  personal  services 

2.  For  contractual  services 

3.  For  supplies  and  materials 

4.  For  current  charges  and  obligations 

5.  For  equipment 

9.     For  debt  and  interest 
11.     For  reserve  fund 
11a.  For  reserve  for  salary  adjustment 

For  total  expenditures    . 


$471,881  60 

57,685  00 

165,640  00 

34.444  58 

18,770  00 

10.000  00 

2,000  00 

5,000  00 

$765,421  18 


Approved  June  2,  1954. 


An  Act  relative  to  the  taxation  of  bonds  of  the  mystic  Chav.5^Z 

RIVER    bridge   authority. 

Whereas,    The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  make  available  at  once  the  ^^^^"^^  ^• 
exemptions  granted  therein,  therefore,  it  is  hereby  declared 


464  Acts,  1954.  —  Chaps.  544,  545. 

to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Ed^,  63,^§i2,        Section  12  of  chapter  63  of  the  General  Laws  is  hereby 

etc.',  amended',    amended   by   inserting  after   paragraph    {m),   inserted   by 

chapter  436  of  the  acts  of  1954,  the  following  paragraph:  — 

(n)  Bonds  issued  by  the  Mystic  River  Bridge  Authority. 

Approved  June  2,  1954. 


Chap. 54:4:  An  Act  to  restrict  the  use  of  labor  spies  furnished 

BY    PRIVATE    DETECTIVE   AGENCIES. 

Be  it  enacted,  etc.,  as  follows: 
2'aV^J^^'  Section  1.    Section  twenty-five  B  of  chapter  one  hundred 

Ed.).  147,  r     1        /-~i  IT  •  11 

§  25B,  etc..  and  forty-seven  of  the  General  Laws,  mserted  by  section  one 
repealed.  ^£  chapter  four  hundred  and  thirty-seven  of  the  acts  of  nine- 

teen hundred  and  thirty-seven,  is  hereby  repealed. 
Ed^il?''  Section  2.    Said  chapter  147  is  hereby  further  amended 

§25C,  eti.,  by  striking  out  section  25C,  as  so  inserted,  and  inserting  in 
amended.  ^^^^^  thereof  the  following  section:  —  Section  2oC.  It  shall 
ofprivate '**''"'  be  unlawful  for  any  private  detective  duly  licensed  under 
detective  this  statutc  to  eutcr,  or  cause  any  person  to  enter,  any  place 

restricted.  of  employment  for  any  purpose  having  to  do  with  the  organ- 
izing or  organization  of  employees  in  said  establishment,  or 
any  purpose  having  to  do  with  hours  of  labor,  wages  or 
salaries  paid,  or  conditions  of  employment  in  such  establish- 
ment or  its  branches  or  subsidiaries  or  related  units,  or  to 
disseminate  propaganda  of  any  sort  among  employees  in 
such  establishment,  or  to  be  concerned  with  labor  conditions 
of  employees  as  a  group,  nor  shall  any  private  detective 
pose  as  an  employee  in  any  such  establishment  for  any  of 
the  aforementioned  purposes.  Any  private  detective  who 
enters  any  such  establishment  for  any  purpose  other  than 
the  aforementioned  purposes  shall  within  twenty-four  hours 
after  making  such  entry  file  with  the  commissioner  of  public 
safety  a  statement  in  writing  of  the  purpose  of  such  action. 
Violation  of  any  provision  of  this  section  shall  subject  the 
private  detective  concerned  to  loss  of  his  or  its  license  for 
not  less  than  one  year,  after  opportunity  for  an  impartial 
hearing  by  the  commissioner  of  public  safety,  on  written 
complaint  of  any  aggrieved  person,  or  the  officer  of  any 
aggrieved  labor  union  or  association,  whether  incorporated 
or  otherwise.  Approved  June  2,  1954. 


Chap. 545  An  Act  relative  to  the  distribution  of  capital  and 

CERTAIN   profits. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'62*'§i         Section  1  of  chapter  62  of  the  General  Laws  is  hereby 
amended.    '     amended  by  striking  out  subsection  (g),  as  appearing  in  the 


Acts,  1954.  — Chap.  546.  465 

Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  subsection:  — 

(g)  No  distribution  of  capital,  whether  in  liquidation  or  Distribution 
otherwise,  shall  be  taxable  as  income  under  this  section;  but  cer'tam'^profits, 
accumulated  profits  shall  not  be  regarded  as  capital  under  ^°'^'  regarded. 
this  provision.     Any  accumulated  profits  which  have  been 
transferred  to  capital,  by  stock  dividend  or  otherwise,  within 
two  years  prior  to  liquidation,  in  whole  or  in  part,  shall  not 
be  regarded  as  capital  for  the  purposes  of  this  subsection. 

Approved  June  2,  1954' 

An  Act  providing  for  recognition  of  suggestions  by  (7/j^Qr)  546 

STATE    OFFICERS    OR    EMPLOYEES    TO    INCREASE    THE    EFFI-  ^' 

CIENCY   OF   THE   STATE   GOVERNMENT. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  7  of  the  General  Laws  is  hereby  amended  by  o.  l.  (Xer. 
striking  out  section  31  A,  inserted  by  chapter  504  of  the  ^tl!  amended.' 
acts  of  1953,  and  inserting  in  place  thereof  the  following 
section:  —  Section  31  A.     There  shall  be  within  the  com- suggestion 
mission  a  suggestion  awards  board,  to  consist  of  each  mem-  e^abUshe^d.'^'^' 
ber  of  the  commission  or  a  person  designated  by  such  mem- 
ber as  his  representative,  for  the  purpose  of  receiving  and 
judging  suggestions  made  by  officers  or  employees  of  the 
commonwealth  as  to  methods  of  improving  existing  govern- 
mental procedures;  installing  new  procedures  for  the  better- 
ment of  the  state  service;    increasing  the  efficiency  of  the 
several  state  departments,  boards,  commissions,  or  institu- 
tions operating  under  any  state  department,  division,  board 
or  conamission;   reducing  the  cost  of  state  government;   or 
improving  the  service  rendered  to  the  public  by  any  depart- 
ment, division,  board,  commission  or  institution. 

Said  suggestion  awards  board  shall  from  time  to  time  Prizes  to  state 
award  prizes  in  the  form  of  cash  or  certificates  of  merit  to  authorized. 
the  officers  or  employees  who  have  submitted  suggestions 
which,  in  the  opinion  of  the  board,  merit  an  award  for  in- 
creasing the  efficiency  of  the  state  service.  The  board  shall, 
after  consultation  with  representatives  of  the  various  state 
employee  organizations,  and  subject  to  the  approval  of  the 
governor  and  council,  estai)hsh  rules  relative  to  the  receiv- 
ing and  judging  of  such  suggestions,  the  amount  of  the 
awards  to  be  given,  and  the  quahfications  of  the  contestants, 
and  may,  subject  to  appropriation,  expend  sums  for  awards 
of  cash  or  certificates  of  merit,  investigation,  publicity, 
clerical  and  other  services  and  expenses  necessary  to  carry 
out  the  purposes  of  this  section.     Approved  June  2,  1954- 


466  Acts,  1954. —  Chaps.  547,  548. 


Chap. 5^7  An  Act  authorizing  the  department  of  education  to 

CONVEY  A  certain  PARCEL  OF  LAND  LOCATED  IN  THE 
TOWN   OF   BRIDGEWATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  education,  in  the  name 
and  on  behalf  of  the  commonwealth,  and  subject  to  the  ap- 
proval of  the  governor  and  council,  may  convey  to  The 
Bridgewater  Ice  and  Coal  Company,  for  such  sum,  not  less 
than  six  hundred  dollars,  as  may  be  determined  by  said 
department,  a  parcel  of  land  located  on  the  southerly  side 
of  Plymouth  street  in  the  town  of  Bridgewater,  which  parcel 
was  purchased  in  the  year  nineteen  hundred  and  three  for 
educational  purposes  and  does  not  meet  present  depart- 
mental requirements,  said  parcel  being  bounded  and  de- 
scribed as  follows :  — 

Beginning  at  a  stake  in  said  Plymouth  street,  at  a  corner 
of  land  of  the  Old  Colony  Railroad  Company;  thence  by 
said  street  north  74"  35'  east,  sixty-five  feet  to  a  corner  of 
land  conveyed  by  said  corporation  to  Charles  Burrill ;  thence 
in  line  of  said  Burrill  land  south  23°  23'  east,  two  hundred 
sixty  feet  to  a  corner;  thence,  still  by  said  Burrill  land,  south 
74°  35'  west,  sixty-five  feet  to  land  of  said  railroad;  thence, 
in  line  of  said  railroad  land,  north  23°  23'  west,  two  hundred 
sixty  feet  to  the  point  of  beginning. 

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

Approved  June  S,  1954. 

Chap. 54:8  An  Act   exempting   certain   DisABiiED   veterans  who 

SERVED  DURING  THE  KOREAN  EMERGENCY  FROM  THE  PAY- 
MENT OF  THE  EXCISE  ON  MOTOR  VEHICLES  OWNED,  OP- 
ERATED  AND   REGISTERED    BY   THEM. 

Emergenoy  Whcreas,  The  deferred  operation  of  this  act  would  tend 

preamble.  i    ,•  •  i  •    i     •  o       i       •   i 

to  defeat  its  purpose,  which  is  to  exempt  forthwith  certain 
disabled  veterans  from  the  payment  of  the  excise  on  motor 
vehicles  owned  by  them,  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: 

G.  L.  (Ter.  Section  1  of  chapter  60A  of  the  General  Laws  is  hereby 

ftc.!ami^'ded.'  amended  by  striking  out  the  fifth  paragi-aph,  as  amended 
by  chapter  731  of  the  acts  of  1950,  and  inserting  in  place 
thereof  the  following  paragraph:  — 
motOT^veWcie        '^^^  excise  imposed  by  this  section  shall  not  apply  to  a 
excise  by  motor  vchicle  owned,  operated  and  registered  by  a  veteran 

abied  vet'^ans.  of  World  War  I,  World  War  II,  or  of  service  during  the 
exempted.  Korean  emergency  between  June  twenty-fifth,  nineteen  hun- 
dred and  fifty  and  the  termination  of  said  emergency  as  de- 
clared by  proper  federal  authority,  who  according  to  the 
records  of  the  United  States  Veterans  Administration  by 
reason  of  service  in  the  armed  forces  of  the  United  States 


Acts,  1954. —  Chaps.  549,  550.  467 

has  suffered  loss,  or  permanent  loss  of  use  of,  one  or  both 
feet,  or  loss,  or  permanent  loss  of  use  of,  one  or  both  hands. 
This  exemption  shall  apply  only  to  motor  vehicles  owned 
and  operated  for  the  personal,  non-commercial  use  of  said 
veterans.  Approved  June  3,  1954. 


An  Act  providing  that  persons  receiving  pensions  or  Chap. 54:9 

RETIREMENT  ALLOWANCES  WHO  ARE  APPOINTED  TO  CER- 
TAIN POSITIONS  IN  TOWNS  MAY  RECEIVE  COMPENSATION 
THEREFOR. 

Whereas,  The  deferred  operation  of  this  act  would  tend  p™ambk""^ 
to  defeat  its  purpose,  which  is  to  provide  without  delay  that 
persons  receiving  pensions  or  retirement  allowances  and 
who  are  appointed  to  certain  positions  in  towns  may  receive 
compensation  therefor,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  91  of  chapter  32  of  the  General  Laws  is  hereby  g.l.  (Ter. 
amended  by  striking  out  the  second  sentence,  as  most  re-  ^tl!  amended, 
cently  amended  by  chapter  343  of  the  acts  of  1954,  and 
inserting  in  place   thereof  the  following  sentence:  —  Not- ^"^pJ'nJons*^' 
withstanding   the  foregoing  provisions   of   this   section   or  may  receive 

•  1  ••  p  •    ^    ^  L  I'l      compensation 

Similar  provisions  of  any  special  law,  a  person  who,  while  for  holding 
receiving  such  a  pension  or  retirement  allowance,  is  appointed  ^pj^^lona 
for  a  term  of  years  to  a  position  by  the  governor  with  or 
without  the  advice  and  consent  of  the  council  or  is  ap- 
pointed 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  or  is  appointed  to  a 
position  in  a  town  and  serves  in  such  position  under  the 
direction  of  the  selectmen  thereof,  shall  be  paid  the  com- 
pensation 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  him- 
self, his  heirs  and  his  legal  representatives,  his  right  to  re- 
ceive the  same  for  the  period  during  which  such  compensa- 
tion is  payable.  Approved  June  3,  1954. 


ChapMO 


An  Act  making  certain  changes  in  the  law  relating 
to  the  excise  on  deeds,  instruments  and  writings. 

Whereas,  The  deferred  operation  of  this  act  would  tend  pr'^amUe"^ 
to  defeat  its  purpose,  which  is  to  make  certain  changes  in 
the  law  relating  to  the  excise  on  deeds,  instruments  and 
writings  effective  forthwith,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vatiou  of  the  public  convenience. 


468 


Acts,  1954.  —  Chap.  551. 


G.  L.  (Ter. 
Ed.),  64D, 
new  §§  3A, 
3B, added. 

Sale  of  certain 
excise  stamps 
in  registries 
of  deeds, 
authorized. 


Reimburse- 
ment by 
commonwealth 
of  certain 
surety  bond 
premiums. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  64D  of  the  General  Laws  is  hereby  amended  by 
inserting  after  section  3  the  following  two  sections:  —  <Sec- 
tion  3 A.  The  county  commissioners  may  draw  and  ap- 
prove an  order,  which  shall  be  certified  by  their  clerk,  direct- 
ing the  county  treasurer  to  pay  over  to  each  register  of 
deeds  of  his  county  an  arnount  of  money  sufficient  to  meet 
the  probable  monthly  requirements  of  each  such  registry  for 
the  handling  of  the  adhesive  stamps  provided  by  section 
three  of  this  chapter,  to  be  used  by  said  registers  as  a  fund 
for  the  purchase,  from  time  to  time,  of  such  stamps  which 
may  be  kept  and  offered  for  sale  at  each  such  registry  of 
deeds. 

The  proceeds  from  the  sale  of  said  stamps  shall  be  paid 
into  said  fund  and  shall  be  used  and  re-used  for  the  further 
purchase  of  said  stamps,  without  further  order  and  approval 
of  the  county  commissioners,  notwithstanding  the  provi- 
sions of  sections  ten,  eleven  and  twenty-two  of  chapter 
thirty -five  and  of  section  thirty-nine  of  chapter  thirty-six. 

Section  SB.  If  a  register  of  deeds  through  bis  county 
treasurer  has  paid  the  premium  for  a  surety  company  bond 
required  in  connection  with  the  obtaining,  keeping  and  sell- 
ing of  such  stamps,  the  commissioner,  on  proof  of  such  pay- 
ment, shall  certify  to  the  comptroller  the  amount  so  paid, 
and  the  state  treasurer  shall  reimburse  the  county  therefor. 

Approved  June  S,  1954. 


Chap. 551  An  Act  providing  for  the  designation  of  associate 

MEMBERS     OF     BOARDS     OF     APPEAL     UNDER     THE     ZONING 


Emergency 
preamble. 


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


Associate 
members  of 
boards  of 
appeal,  ap- 
pointment of. 


Effective 
date. 


ENABLING   ACT. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  make  a  corrective  amend- 
ment in  The  Zoning  Enabling  Act  and  to  make  such  amend- 
ment effective  on  the  same  date  that  The  Zoning  Enabling 
Act  becomes  effective,  therefore  this  act  is  hereby  declared 
to  be  an  emergency  law  necessary  for  the  immediate  pres- 
ervation of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  14  of  chapter  40 A  of  the  General 
Laws,  as  appearing  in  section  2  of  chapter  368  of  the  acts 
of  1954,  is  hereby  amended  by  striking  out  the  last  sentence 
and  inserting  in  place  thereof  the  following  sentence:  — 
Such  ordinances  or  by-laws  may  provide  for  the  appoint- 
ment in  like  manner  of  associate  members  of  the  board  of 
appeals;  and  in  case  of  a  vacancy,  inability  to  act,  or  in- 
terest on  the  part  of  a  member  of  said  hoard,  his  place  may 
be  taken  by  an  associate  member  designated  by  the  chair- 
man. 

Section  2.  This  act  shall  take  effect  on  the  same  date 
on  which  chapter  three  hundred  and  sixty-eight  of  the  acts 
of  nineteen  hundred  and  fifty-four  takes  effect. 

Approved  June  3, 1954. 


Acts,  1954.  — Chap.  552.  469 


An  Act  relative  to  the  filing  of  notice  of  suit  in  Chap. 552 

CERTAIN  ACTIONS   COMMENCED  IN  THE  PROBATE   COURT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  9  of  chapter  197  of  the  General  Laws,  g.  l.  (Xer. 
as  amended  by  section  4  of  chapter  221  of  the  acts  of  1933,  fg'^'Jo^' 
is  hereby  further  amended  by  striking  out,  in  lines  6  and  16,  amended. 
respectively,  the  words  "but  not  entered",  — so  as  to  read 
as  follows :  —  Section  9.    Except  as  provided  in  this  chapter.  Filing  of 
an  executor  or  administrator  shall  not  be  held  to  answer  to  certafn  suits 
an  action  by  a  creditor  of  the  deceased  which  is  not  com-  1,"^'"°^''*^® 
menced  within  one  year  from  the  time  of  his  giving  bond  regulated. 
for  the  performance  of  his  trust,  or  to  such  an  action  which 
is  commenced  within  said  year  unless  before  the  expiration 
thereof  the  writ  in  such  action  has  been  served  by  delivery 
in  hand  upon  such  executor  or  administrator  or  service 
thereof  accepted  by  him  or  a  notice  stating  the  name  of  the 
estate,  the  name  and  address  of  the  creditor,  the  amount  of 
the  claim  and  the  court  in  which  the  action  has  been  brought 
has  been  filed  in  the  proper  registry  of  probate.    An  executor, 
administrator  or  administrator  de  bonis  non  shall  not  be 
held  to  an.-?wer  to  an  action  by  a  creditor  of  the  deceased  which 
is  commenced   within   any   other  or  additional   period   of 
limitation  for  bringing  such  action  provided  by  or  under 
this  chapter  unless  before  the  expiration  of  such  peiiod  the 
writ  in  such  action  has  been  served  by  delivery  in  hand  upon 
him  or  service  thereof  accepted  by  hira  or  a  notice  as  afore- 
said has  been  filed  in  the  proper  registry  of  probate.    The 
probate  court  may  allow  creditors  further  time  for  bringing 
actions,  not  exceeding  two  years  from  the  time  of  the  giving 
of  his  official  bond  by  such  executor  or  administrator,  pro- 
vided that  application  for  such  further  time  be  made  before 
the  expiration  of  one  year  from  the  time  of  the  approval  of 
the  bond. 

Section  2.    Said  chapter  107  is  hereby  further  amended  g^^.  (Xer   ^^ 
by  striking  out  section  10,  as  appearing  in  the  Tercentenary  amended.' 
Edition,  and  inserting  in  place  thereof  the  following  sec- 
tion:—  Section  W.     If  the  supreme  judicial  court,  upon  a  supreme 
bill  in  equity  filed  by  a  creditor  whose  claim  has  not  been  may^reiieve"^^ 
prosecuted  within  the  time  limited  by  section  nine,  deems  ^^*^'g9'^'" 
that  justice  and  equity  require  it  and  that  such  creditor  is 
not  chargeable  with  culpable  neglect  in  not  prosecuting  his 
claim  within  the  time  so  limited,  it  may  give  him  judgment 
for  the  amount  of  his  claim  against  the  estate  of  the  deceased 
person,  provided  forthwith  upon  the  filing  of  the  bill  a  no- 
tice such  as  provided  in  section  nine  has  been  filed  in  the 
proper  registry  of  probate;    but  such  judgment  shall  not 
affect  any  payment  or  distribution  made  before  the  filing 
of  such  bill  and  notice.  Approved  June  S,  1954- 


470  Acts,  1954.  —  Chaps.  553,  554. 


Chap.65d  An  Act  further  regulating  the  issuance  of  certain 

DISTINGUISHING  PLATES  TO  CARRIERS  OF  PROPERTY  BY 
MOTOR  VEHICLE  AND  INCREASING  THE  FEE  FOR  THE  TRANS- 
FER  THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'  159B  Chapter  159B  of  the  General  Laws  is  hereby  amended  by 

§  9,  etc.,   '       striking  out  section  9,  as  most  recently  amended  by  section 
amended.         3  ^f  chapter  52  of  the  acts  of  1947,  and  inserting  in  place 
Issuance  of       thereof  the  following  section :  —  Section  9.     A  single  dis- 
tinguishing      tinguishing  plate  shall  be  prescribed  and  furnished  by  the 
ce'rtnfn^motor     department  annually  for  each  of  the  vehicles  necessary  for 
jfeidcie  carriers,  the  conduct  of  the  business  of  the  holder  of  the  certificate 
or  permit,  upon  his  application  to  the  department,  and  said 
plates  shall  be  prominently  displayed  on  the  front  of  each 
such  vehicle  whenever  operated.     Each  such  plate  shall  be 
accompanied  by  a  certificate  issued   by  the  department, 
which  shall  be  in  the  possession  of  the  driver  at  all  times 
while  operating  and  shall  set  forth  the  make,  manufacturer's 
serial  number,  if  any,  and  motor  number,  if  any,  of  the  ve- 
hicle with  respect  to  which  said  plate  shall  be  used.    As  used 
in  this  section  and  in  section  ten,  the  word  "vehicle"  shall 
include  a  tractor,  with  or  without  a  semi-trailer  unit.    No 
such  plate  shall  be  transferred  from  one  vehicle  to  another, 
except  upon  authority  and  with  the  consent  of  the  depart- 
ment and  upon  payment  of  a  transfer  fee  of  two  dollars,  ex- 
Fee,  cept  as  provided  in  section  ten  B.    The  annual  charge  for 
each  plate  shall  be  five  dollars.    The  department  in  its  dis- 
cretion may  refuse  to  issue  such  a  distinguishing  plate  to 
the  holder  of  any  certificate  or  permit  pending  any  com- 
plaint or  hearing  upon  the  question  of  revocation  or  sus- 
pension of  such  certificate  or  permit,  or  in  which  such  ques- 
tion is  involved.  Approved  June  S,  1954. 

Chap. 654:  An  Act  authorizing  and  directing  the  department  of 

public  WORKS  TO  MAKE  REPAIRS  AND  ALTERATIONS  TO 
THE  SHAKER  MILL  DAM  ON  THE  WILLIAMS  RIVER  IN  THE 
TOWN  OF  WEST  STOCKBRIDGE  AND  AUTHORIZING  THE  SAID 
TOWN  TO  ACCEPT  TRANSFER  OF  TITLE  TO  CERTAIN  LAND 
THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works  is  hereby 
authorized  and  directed  to  make  such  repairs  and  alterations 
and  such  other  improvements  as  are  necessary  or  advisable 
to  the  so-called  Shaker  Mill  dam  in  the  town  of  West  Stock- 
bridge  for  the  purpose  of  increasing  the  spillway  capacity 
of  said  dam.  No  work  shall  be  done  hereunder  until  the 
town  of  West  Stockbridge  shall  have  assumed  liability  in  the 
manner  provided  by  section  twenty-nine  of  chapter  ninety- 
one  of  the  General  Laws  for  all  damages  that  may  be  in- 
curred under  the  project.     For  the  purposes  of  this  act 


Acts,  1954. —  Chaps.  555,  556.  471 

there  may  be  expended  such  sums  as  are  now  available  or 
may  hereafter  be  appropriated  therefor. 

Section  2.  The  town  of  West  Stockbridge  is  hereby  au- 
thorized to  accept  by  vote  at  a  regular  or  special  town  meet- 
ing a  conveyance  of  certain  land  of  the  Southern  Berkshire 
Power  &  Electric  Company  on  which  the  so-called  Shaker 
Mill  dam  and  abutments  thereto  are  located,  whereby  the 
town  is  to  maintain  said  dam  and  sluice  gates  therein,  as 
now  or  hereafter  constructed,  and  whereby  there  is  reserved 
to  the  grantor  the  right  to  operate  said  sluice  gate  or  gates 
at  its  discretion  for  the  discharge  of  water;  and  such  con- 
veyance shall  be  subject  to  such  other  terms  as  said  town 
meeting  may  approve. 

Section  3.  Nothing  herein  contained  shall  be  construed 
as  prohibiting  the  town  of  West  Stockbridge  from  assessing 
and  taxing  to  the  owner  thereof  the  water  rights  excepted 
or  reserved  by  the  terms  of  this  act.    Approved  June  S,  1954- 

An  Act  authorizing  the  metropolitan  district  com-  ChaV-^^^ 

MISSION  TO   REBUILD   THE   PRISON   POINT   BRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

The  metropolitan  district  commission  is  hereby  authorized 
and  directed  to  rebuild  and  reconstruct  the  Prison  Point 
bridge  in  the  cities  of  Cambridge  and  Boston. 

The  department  of  correction  is  hereby  authorized  and 
directed  to  transfer  to  the  metropolitan  district  commission 
for  the  purposes  of  this  act  the  care  and  control  of  so  much 
of  the  land  now  occupied  by  the  state  prison  as  may  be 
necessary. 

When  the  work  of  rebuilding  and  reconstructing  said 
bridge  is  completed  and  said  commission  shall  have  so  certi- 
fied in  writing  to  the  respective  mayors  of  the  city  of  Boston 
and  the  city  of  Cambridge,  so  much  of  said  bridge  as  lies 
within  the  territorial  limits  of  each  said  city  shall  thereafter 
be  policed  by  said  city. 

For  the  purposes  of  this  act,  the  commission  is  hereby  au- 
thorized to  expend  such  sums  as  may  be  appropriated  there- 
for. Approved  June  3,  195 Jf. 

An  Act  relative  to  the  enforcement  of  the  support  Qhav  556 

OF   DEPENDENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  General  Laws  are  hereby  amended  by  g.  l.  (Ter. 
striking  out  chapter  273A  and  inserting  in  place  thereof  the  fmendld!^' 
following  chapter:  — 

Chapter  273A. 

Uniform    Reciprocal    Enforcement    of    Support. 

Section  1.     In  this  chapter,   unless  otherwise  expressly  Definitiona. 
provided  or  the  context  otherwise  requires,  the  following 
words  and  phrases  shall  have  the  following  meanings:  — 


472 


Acts,  1954. —  Chap.  556. 


Remedies. 


Duty  of  supH 
port,  binding 
effect  of. 


Duties  of 
support,  when 
imposed. 


Reimburse- 
ment to  state, 
etc.,  in 
certain  cases, 
authorized. 


Jurisdiction. 


Petition, 
contents  of. 


Certificate  of 
court  upon 
certain  finding. 


"Court",  a  district  court  of  this  commonwealth  and, 
when  the  context  requires,  the  court  of  any  other  state  as 
defined  in  a  reciprocal  law  substantially  similar  to  this 
chapter. 

"Duty  of  support",  any  duty  of  support  imposed  by  law, 
or  by  any  court  order,  decree  or  judgment,  whether  inter- 
locutory or  final,  whether  incident  to  a  proceeding  for  divorce, 
legal  separation,  separate  support,  or  otherwise. 

"Initiating  state",  a  state  in  which  a  proceeding  pursuant 
to  the  provisions  of  this  chapter  or  a  reciprocal  law  sub- 
stantially similar  to  this  chapter  is  commenced. 

"Obligee",  any  person  to  whom  a  duty  of  support  is 
owed. 

"Obligor",  any  person  owing  a  duty  of  support. 

"Responding  state",  a  state  in  which  a  proceeding  pur- 
suant to  the  proceeding  in  the  initiating  state  is  or  may  be 
commenced. 

"State",  includes  any  state,  territory  or  possession  of  the 
United  States  and  the  District  of  Columbia  in  which  this  or  a 
substantially  similar  reciprocal  law  has  been  enacted. 

Section  2.  The  remedies  provided  in  this  chapter  are  in 
addition  to  and  not  in  substitution  for  any  other  remedy. 

Section  3.  The  duty  of  support  imposed  by  the  laws  of 
the  commonwealth  or  by  the  laws  of  the  state  where  the 
obligee  was  present  when  the  failure  to  support  commenced 
as  provided  in  section  four,  and  the  laws  relative  to  the 
enforcement  thereof,  bind  the  obligor  regardless  of  the 
presence  or  residence  of  the  obligee. 

Section  4-  Duties  of  support  enforceable  under  this 
chapter  are  those  imposed  under  the  laws  of  any  state  in 
which  the  alleged  obligor  was  present  during  the  period  for 
which  support  is  sought  or  in  which  the  obUgee  was  present 
when  the  failure  to  support  commenced. 

Section  6.  Whenever  any  state  or  political  division  thereof 
has  furnished  support  to  an  obligee  it  shall  have  the  same 
right  to  commence  proceedings  under  this  chapter,  in  the 
name  of  the  obligee,  as  the  obligee  to  whom  the  support  was 
furnished,  so  that  it  may  secure  reimbursement  for  expendi- 
tures so  made,  and  to  obtain  continuing  support. 

Section  6.  The  duty  of  support  shall  be  enforceable  by 
petition  filed  in  a  district  court,  irrespective  of  the  relation- 
ship between  the  obligor  and  the  obligee.  Any  proceeding 
hereunder  shall  be  commenced  in  a  district  court  within  whose 
jurisdiction  the  obligee  is  an  inhabitant  or  a  resident. 

Section  7.  The  petition  shall  be  verified  and  shall  state 
the  name  and,  so  far  as  known  to  the  petitioner,  the  address 
and  circumstances  of  the  respondent,  and  the  dependents 
for  whom  the  duty  of  support  is  sought  to  be  enforced,  and 
all  other  pertinent  information. 

Section  8.  If  the  court  finds  that  the  petition  sets  forth 
facts  from  which  it  may  be  determined  that  the  respondent 
owes  a  duty  of  support,  and  that  a  court  of  a  responding 
state  may  obtain  jurisdiction  of  the  respondent  or  his  prop- 


Acts,  1954.  — Chap.  556.  473 

erty,  it  shall  so  certify,  and  shall  cause  certified  copies  of  ^^ereo?""^ 
the  petition  and  the  certificate  to  be  transmitted  to  the 
court  of  the  responding  state. 

Section  9.    When  the  district  court  receives  from  a  court  Proce'urein 

.....  -r-i  •/•!  ••  1  ciistrict  court 

of  an  initiatmg  state  certified  copies  of  the  petition,  or  other 
pleadings  containing  the  essential  allegations  of  a  petition 
under  sections  six  and  seven  under  whatever  name  it  may 
be  known,  and  the  certificate  referred  to  in  section  eight, 
it  shall  docket  the  cause,  take  appropriate  steps  to  obtain 
jurisdiction  of  the  respondent  by  personal  service  and 
schedule  the  matter  for  a  speedy  hearing.  It  may  assign 
a  probation  officer  to  the  case. 

Section  10.     When  this  commonwealth  is  a  responding  Order  of 
state,  and  the  court  finds  a  duty  of  support,  it  may  order  ''°"'"'- 
the  respondent  to  furnish  support  or  reimbursement  therefor 
in  a  reasonable  amount,  and  subject  the  property  of  the 
respondent  to  such  order. 

Section  11.     The  court  shall  cause  to  be  transmitted  to  copies  of 
the  court  of  an  initiating  state  a  copy  of  all  orders  for  support  mittai"ther°of. 
or  for  reimbursement  therefor. 

Section  12.  In  addition  to  the  foregoing  powers,  the  Further 
court,  when  the  commonwealth  is  a  responding  state,  may  court""' 
subject  the  respondent  to  such  terms  and  conditions  as  it 
deems  proper  to  assure  compliance  with  its  orders,  and  may 
require  the  respondent  to  make  payments  at  specified  inter- 
vals to  a  probation  officer  assigned  by  the  court,  and  punish 
a  respondent  who  violates  any  order  of  the  court  to  the 
same  extent  as  is  provided  by  law  for  contempt  in  any  other 
suit  or  proceeding. 

Section  13.    When,  in  proceedings  under  this  chapter,  the  Disbursement 
commonwealth  is  acting  as  a  responding  state,   and  the  recefve'dln*^^ 
probation    officer   receives   payments   from    a   respondent,  this  common- 
pursuant  to  an  order  of  the  court  or  otherwise,  he  shall  Regulated. 
forthwith  transmit  the  same  to  the  court  of  the  initiating 
state,  less  any  amounts  which  the  court  may  order  withheld 
for  counsel  fees  or  expenses  authorized  under  section  fifteen 
or  elsewhere,  and  upon  request  of  said  court  shall  furnish  a 
certified  statement  of  all  payments  made  by  the  respondent. 

Section  14-  The  probation  officer  assigned  by  the  court  Dutiesof 
shall,  in  proceedings  in  which  the  commonwealth  is  an  officer."'" 
initiating  state,  receive  and  disburse  forthwith  to  the  peti- 
tioner all  payments  made  by  the  respondent  or  transmitted 
by  the  court  of  the  responding  state.  He  may  be  authorized 
to  commingle  funds  from  two  or  more  respondents  in  one 
account. 

Section  15.  When  the  commonwealth  is  the  initiating  Entry  fees, 
state,  the  petitioner  shall  pay  the  entry  fee  required  under  ''*''• 
section  two  of  chapter  two  hundred  and  sixty-two,  plus  such 
further  sum  as  may  be  required  under  the  laws  of  the  re- 
sponding state,  said  further  sum  being  payable  after  entry 
of  the  petition  upon  verification  of  the  amount  in  accordance 
with  the  rules  of  court. 

When  the  commonwealth  is  the  responding  state,  the 


474 


Acts,  1954. —  Chap.  556. 


Appointment 
of  counsel  by 
court,  au- 
thorized. 


Action  re- 
quired when 
respondent 
not  within 
jurisdiction. 


Severability 
provi  sion. 


Chapter  to  be 
cited  as 
Uniform 
Reciprocal 
Enforcement 
of  Support  Act. 


G.  L.  (Ter. 
Ed.),  215, 
§  6,  etc., 
amended. 

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

Jurisdiction. 


G.  L.  (Ter. 
Ed.),  262, 
§  40,  etc., 
amended. 

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


Entry  fee. 


petitioner  shall  in  the  first  instance  pay  to  the  clerk  the 
entry  fee  as  provided  in  said  section  two  of  chapter  two 
hundred  and  sixty-two,  plus  the  further  sum  of  two  dollars 
for  service  of  process  upon  the  responding  obHgor.  The 
court  may,  after  hearing,  order  the  respondent  to  reimburse 
the  petitioner  for  costs  or  disbursements  incurred  under  this 
chapter. 

If  the  petitioner  is  without  counsel  and  it  appears  to  the 
court  that  there  is  need  for  counsel  to  represent  the  petitioner, 
the  court  may  on  its  own  motion  appoint  counsel  to  represent 
the  petitioner  and  may  direct  that  a  reasonable  fee,  fixed 
by  the  court,  be  paid  to  counsel  out  of  the  funds,  if  any, 
paid  by  respondent  under  court  order. 

Upon  receipt  of  a  petition  under  this  chapter,  the  court 
may  assign  the  same  to  a  probation  officer  for  supervision. 

When  papers  are  sent  to  a  district  court  of  this  common- 
wealth under  this  chapter,  and  the  respondent  is  not  found 
within  the  jurisdiction  of  that  court,  the  said  papers  and 
moneys  tendered  on  behalf  of  the  petitioner  shall,  if  it  appears 
from  the  record  or  otherwise  that  the  respondent  may  be 
found  in  some  other  district  of  the  commonwealth,  be  trans- 
ferred to  said  district,  and  the  initiating  court  shall  be  so 
informed.  If  there  is  no  indication  that  the  respondent 
can  be  found  in  this  commonwealth,  said  papers  and  moneys 
shall  be  returned  to  the  initiating  court. 

Section  16.  If  any  part,  section  or  subdivision  of  this 
chapter  or  the  application  thereof  to  any  particular  person, 
persons  or  conditions  is  held  invahd,  unconstitutional  or 
inoperative,  the  remainder  hereof,  or  the  application  of  any 
such  part,  section  or  subdivision  to  other  persons  and  con- 
ditions, shall  not  be  affected  thereby. 

Section  17.  This  chapter  may  be  cited  as  the  Uniform 
Reciprocal  Enforcement  of  Support  Act,  and  shall  be  so 
construed  and  interpreted  as  to  accomplish  its  general 
purpose  to  make  substantially  uniform  the  laws  of  states 
enacting  like  law. 

Section  2.  Section  6  of  chapter  215  of  the  General  Laws 
is  hereby  amended  by  striking  out  the  next  to  the  last  sen- 
tence, inserted  by  section  2  of  chapter  657  of  the  acts  of  1951. 

Section  3.  Section  19  of  chapter  218  of  the  General 
Laws,  as  most  recently  amended  by  section  1  of  chapter  296 
of  the  acts  of  1943,  is  hereby  further  amended  by  adding  at 
the  end  the  following  sentence :  —  District  courts  shall  also 
have  jurisdiction  of  civil  proceedings  under  chapter  two 
hundred  and  seventy-three  A. 

Section  4.  Section  40  of  chapter  262  of  the  General 
Laws  is  hereby  amended  by  striking  out  the  third  paragraph, 
inserted  by  section  4  of  chapter  657  of  the  acts  of  1951. 

Section  5.  Section  2  of  said  chapter  262,  as  most  recently 
amended  by  section  2  of  chapter  328  of  the  acts  of  1954,  is 
hereby  further  amended  by  inserting  after  the  third  para- 
graph the  following  paragraph :  — 

For  the  entry  of  a  petition  under  chapter  two  hundred 
and  seventy-three  A,  three  dollars. 


Acts,  1954. —  Chap.  556.  475 

Section  6.     Section  8  of  said  chapter  2G2,  as  amended  EdVa?'^'^' 
by  chapter  135  of  the  acts  of  1947,  is  hereby  further  amended  §  s^  etc..*" 
by  adding  at  the  end  the  following  paragraph: —  amended. 

For  service  of  an  order  of  notice  under  chapter  two  hundred  ^®^- 
and  seventy-three  A,  two  dollars,  without  travel  allowance. 

Section  7.    The  administrative  committee  of  the  district  Accounting 

1  1  1-11  11       !•         •  °'  moneys 

courts  may  make  rules  applicable  to  all  district  courts  received 
except  the  municipal  court  of  the  city  of  Boston,  and  the  reg'ljatld*.' 
justices  of  that  court  or  a  majority  of  them  may  make  rules 
applicable  to  that  court,  relative  to  the  accounting  by 
probation  officers  of  moneys  received  and  paid  by  them 
under  the  provisions  of  chapter  two  hundred  and  seventy- 
three  A  of  the  General  Laws. 

The  courts  may  provide  for  service  upon  the  respondent  feY^ondent°° 
by  a  constable  or  a  deputy  sheriff,  and  may  allocate  the  fee 
of  two  dollars,  provided  in  section  fifteen  of  chapter  two  hun- 
dred and  seventy-three  A  of  the  General  Laws,  as  appearing 
in  section  one  of  this  act,  in  lieu  of  the  usual  fee  and  travel 
allowance. 

Section  8.     All  petitions  and  matters  incidental  thereto  Transfer  of 
in  cases  in  which  the  commonwealth  is  the  initiating  state,  Irom'^probate 
pending  on  the  effective  date  of  this  act  before  a  probate  courts,  etc. 
court,  shall  be  transferred  to  the  district  court  of  the  district 
of  which  the  obligee  is  an  inhabitant  or  a  resident  for  further 
disposition,  and  all  petitions  and  matters  incidental  thereto 
in  cases  in  which  the  commonwealth  is  the  responding  state, 
pending  on  the  effective  date  of  this  act  before  a  probate 
court,  shall  be  transferred  to  the  district  court  of  the  dis- 
trict of  which  the  obligor  is,  or  is  alleged  in  the  petition  to 
be,  or  has  been  found  by  the  court  to  be,  an  inhabitant  or  a 
resident  for  further  disposition. 

All  petitions  and  matters  incidental  thereto  which  have 
been  heard  but  not  decided  by  a  probate  court  prior  to  the 
effective  date  of  this  act  shall  remain  within  the  jurisdiction 
of  said  probate  court  until  finally  decided,  and  upon  such 
final  decision  shall  be  transferred  to  the  proper  district 
court,  as  heretofore  provided,  for  further  proceedings. 

All  petitions  and  matters  incidental  thereto  in  cases 
pending  in  a  probate  court  upon  the  effective  date  of  this 
act,  and  thereafter  transferred  to  a  district  court,  as  pro- 
vided by  this  section  shall  be  received  and  entered  upon  the 
docket  of  said  district  court  without  the  payment  of  the 
entry  fee  required  by  section  two  of  chapter  two  hundred 
and  sixty-two  of  the  General  Laws,  as  amended  by  section 
one  of  this  act. 

Section  9.  Any  party  in  a  proceeding  under  chapter  Appeal, 
two  hundred  and  seventy-three  A  of  the  General  Laws,  as 
appearing  in  section  one  of  this  act,  aggrieved  by  any  ruling 
on  a  matter  of  law  in  any  case,  including  cases  transferred 
to  the  district  court  under  section  eight  of  this  act,  may  as 
of  right  have  such  ruling  reported  for  determination  by  the 
appellate  division  of  the  district  court  in  which  the  pro- 
ceeding is  commenced  or  to  which  it  has  been  transferred, 
and  shall  be  subject  to  the  provisions  of  sections  one  hundred 


476 


Acts,  1954. —  Chap.  557. 


and  eight,  one  hundred  and  nine  and  one  hundred  and  ten  of 
chapter  two  hundred  and  thirty-one  of  the  General  Laws. 
Effective  date.       SECTION  10.     This  act  shall  take  effect  on  October  first, 
nineteen  hundred  and  fifty-four.      Approved  June  3,  1954- 


Chap.557  ^  -^ct  relative  to  the  peaceful  settlement  of  in- 
dustrial DISPUTES. 


G.  L.  (Ter. 
Ed.),  150B, 
§§  3,  4,  etc.. 
amended. 

Duty  of 
governor  upon 
certification 
to  him  of 
labor  dispute. 


Governor 
may  require 
appearances 
of  parties 
before  a 
moderator. 

Duties  of 
moderator. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  150B  of  the  General  Laws,  inserted 
by  chapter  596  of  the  acts  of  1947,  is  hereby  amended  by 
striking  out  sections  3  and  4  and  inserting  in  place  thereof 
the  following  two  sections:  —  Section  S.  In  the  event  that 
the  commissioner  of  labor  and  industries  finds  that  a  labor 
dispute  has  not  been  settled  by  collective  bargaining  and  im- 
minently threatens  a  substantial  interruption  in  the  produc- 
tion or  distribution  of  essential  goods  or  services,  he  shall 
certify  such  dispute  to  the  governor.  The  governor  shall 
thereupon  conduct  such  investigation  of  the  dispute  as  he 
deems  appropriate  under  the  circumstances  but  the  investi- 
gation shall  include,  unless  the  governor  deems  it  imprac- 
ticable, an  informal  hearing  before  the  governor,  the  com- 
missioner of  public  safety  and  the  commissioner  of  labor  and 
industries  at  which  the  parties  to  the  dispute  shall  be  heard 
upon  the  sole  question  whether  an  interruption  is  imminent 
and  would  curtail  the  availability  of  essential  goods  or  serv- 
ices to  such  an  extent  as  to  endanger  the  health  or  safety  of 
any  community.  If  the  governor  so  finds  and  proclaims, 
and  further  finds  and  proclaims  that  the  intervention  of 
government  will  be  in  the  public  interest  and  in  accordance 
with  the  poHcy  of  this  chapter,  then  he  is  authorized  to  in- 
voke either  or  both  of  the  following  procedures  for  the 
settlement  of  the  dispute :  — 

(A)  The  governor  may  require  the  employer  and  repre- 
sentatives of  the  employees,  parties  to  the  dispute,  to  appear 
before  a  moderator  appointed  by  him  and  show  cause  why 
they  should  not  submit  the  dispute  to  arbitration.  The 
moderator  shall  be  an  impartial  person  skilled  in  industrial 
relations.  The  moderator  may  act  as  mediator  or  concili- 
ator to  such  an  extent  as  he  deems  appropriate  and,  if  the 
dispute  is  not  settled,  shall  endeavor  to  induce  the  parties  to 
submit  the  dispute  to  arbitration  in  such  form  as  may  be 
mutually  acceptable,  and  to  this  end  he  may  conduct  such 
investigation  and  public  or  private  hearing  as  he  deems  ap- 
propi'iate.  If  either  or  both  of  the  parties  refuses  to  com- 
ply with  the  request  of  the  moderator  to  submit  the  dispute 
to  arbitration,  the  moderator,  without  expressing  an  opinion 
on  the  merits  of  the  dispute,  shall  make  public  his  findings 
as  to  the  responsibility  of  either  or  both  parties  for  the  fail- 
ure to  reach  an  agreement  to  arbitrate  the  dispute. 

A  submission  to  arbitration  shall  be  arranged  or  the  find- 
ings of  the  moderator  published  within  fifteen  days  after  the 
governor's  proclamation  or  such  additional  period  as  may  be 


Acts,  1954. —  Chap.  557.  477 

mutually  agreeable  to  the  parties.  For  fifteen  days  after 
the  governor's  proclamation  and  any  additional  period 
mutually  agreeable  to  the  parties,  no  change  shall  be  made, 
except  by  mutual  agreement,  in  the  rates  of  pay,  wages, 
hours,  or  other  terms  or  conditions  of  employment  in  effect 
prior  to  the  time  the  events  giving  rise  to  the  dispute  took 
place,  and  there  shall  be  no  interruption  in  the  production 
or  distribution  of  the  essential  goods  or  services  produced  or 
distributed  by  the  parties  to  the  dispute. 

(B)  The  governor  may  request  the  parties  voluntarily  to  voluntary 
submit  the  dispute  to  an  emergency  board  of  inquiry  of  emergency 
three  members  empowered  to  recommend  the  terms  upon  fj^^^jry/ 
which  the  parties  should  settle  the  dispute,  including  the  provided. 
date,  prospective  or  retroactive  as  of  which  its  recommenda- 
tions should  be  made  effective.     To  this  end  the  governor  Membership 
may  request  the  employer  forthwith  to  designate  a  member  ^^^^^°^- 
to  represent  industry  and  the  representatives  of  the  em- 
ployees to  designate  a  member  to  represent  labor,  neither  of 
whom  shall  be  a  person  who  has  theretofore  participated  in 
the  dispute.    The  industry  and  labor  members  shall  select 
a  third  impartial  member  to  represent  the  general  pubHc. 
If  such  third  person  is  not  selected  within  seventy-two  hours, 
the  governor  may  appoint  the  third  member  either  before  or 
after  arranging  a  submission  of  the  dispute.    In  the  former 
event  the  emergency  board  shall  meet  with  the  parties  and 
report  to  the  governor  within  five  days  whether  the  parties 
have  agreed  to  comply  with  his  request  to  submit  the  dis- 
pute for  its  findings  and  recommendations.     If  there  is  no 
agreement  the  emergency  board  shall  be  discharged. 

If  a  submission  is  arranged  the  emergency  board  shall  ^^^"^^1^°^ 
conduct  its  hearing  and  make  and  file  its  findings  and  recom- 
mendations with  the  governor  within  a  period  of  thirty  days 
after  the  submission  of  such  dispute,  unless  the  parties  shall 
mutually  agree  to  extend  the  period.  Prior  to  the  filing  of 
the  findings  and  recommendations  and  for  ten  days  there- 
after, no  change  shall  be  made,  except  by  mutual  agree- 
ment of  the  parties,  in  the  rates  of  pay,  wages,  hours,  or 
other  terms  or  conditions  of  employment  in  effect  prior  to 
the  time  the  events  giving  rise  to  the  dispute  took  place,  and 
there  shall  be  no  interruption  in  the  production  or  distribu- 
tion of  the  essential  goods  or  services  produced  or  distrib- 
uted by  the  parties  to  the  dispute.  Within  ten  days  after 
the  report  of  the  emergency  board  is  filed  each  party  shall 
notify  the  governor  whether  it  accepts  the  recommendations. 

Section  4-    {<^)  Whenever  the  governor  finds  that  as  a  re-  Declaration 
suit  of  a  labor  dispute  an  interruption  of  production  or  dis-  ofemer"e"ncy 
tribution  has  occurred  or  is  imminently  threatened  which  '"  respect  to 

.,     ,  .,,.,.  .  .    ,  1  .  ,       essential  goods 

would  curtail  the  availability  of  essential  goods  or  services  to  or  services. 
such  an  extent  as  to  endanger  the  health  or  safety  of  any  com- 
munity and  that  such  dispute  either  (a)  has  not  been  settled 
under  the  procedures  estabUshed  by  section  three  or  (6)  is  of 
such  a  nature  that  those  procedures  cannot  be  applied 
thereto,  he  shall  thereupon  declare  that  an  emergency  exists 


478 


Acts,  1954. —  Chap.  557. 


Governor  may 
arrange  for 
continuation 
of  services. 


Seizure  by 
governor  of 
any  plant  or 
facility  in- 
volved in 
dispute, 
authorized. 


Wages,  hours, 
etc.,  to  remain 
same  upon 
seizure. 


Exceptions 
thereto. 


in  respect  to  such  essential  goods  or  services.    During  such 
emergency  the  governor  may  — 

(A)  Enter  into  arrangements  with  either  or  both  of  the 
parties  to  the  dispute  for  continuing  the  production  or  dis- 
tribution of  such  part  of  the  goods  or  services  theretofore 
produced  or  distributed  by  them  as  may  be  necessary  to 
safeguard  the  pubUc  health  and  safety.  The  governor  with 
the  approval  of  the  council  may  make  and  promulgate  rules 
and  regulations,  to  be  effective  immediately,  for  carrying  out 
such  arrangements  and  preventing  interference  therewith. 

(B)  (1)  Take  possession  of,  and  operate  in  whole  or  in 
part,  any  plant  or  facility  of  a  party  to  the  dispute  the  full 
or  partial  operation  of  which  by  the  commonwealth  he  deems" 
to  be  necessary  as  a  result  of  such  dispute,  in  order  to  safe- 
guard the  public  health  or  safety.  Such  power  and  au- 
thority may  be  exercised  through  any  department  or  agency 
of  the  commonwealth  and  with  the  assistance  of  such  public 
or  private  instrumentalities  or  persons  as  may  be  designated 
by  the  governor.  Such  plant  or  facility  shall  be  operated  for 
the  account  of  the  person  operating  it  immediately  prior  to 
the  seizure;  provided,  that  such  person  shall  have  the  right 
to  elect,  by  written  notice  filed  with  the  governor  within 
ten  days  after  such  seizure,  to  waive  all  claims  to  the  pro- 
ceeds of  such  operation,  and  to  receive  in  lieu  thereof  fair  and 
reasonable  compensation  for  the  appropriation  and  tem- 
porary use  of  his  property,  for  which  he  may  bring  a  petition 
for  damages  against  the  commonwealth  under  chapter  two 
hundred  and  fifty-eight.  In  determining  the  amount  of  com- 
pensation to  be  awarded  in  such  proceedings,  there  shall  be 
taken  into  account  the  existence  of  the  labor  dispute  which 
interrupted  or  threatened  imminently  to  interrupt  the  pri- 
vate operation  of  such  plant  or  facility,  and  the  effect  of  such 
interruption  or  threatened  interruption  upon  the  value  to 
the  petitioner  of  the  use  of  such  plant  or  facility. 

(2)  The  declaration  of  emergency  or  the  seizure  and  oper- 
ation of  a  plant  or  facility  by  the  commonwealth  shall  not 
render  inapplicable  any  state  or  federal  law  concerning  the 
health,  safety,  security  and  employment  standards,  and  the 
department  or  agency  operating  such  plant  or  facility  shall 
comply  with  said  laws  as  if  it  were  privately  operated.  Dur- 
ing such  emergency  the  rates  of  pay,  wages,  hours,  and  other 
terms  and  conditions  of  employment  theretofore  effective 
shall  be  maintained  without  change;  provided,  that  if  an 
emergency  board  of  inquiry  shall  have  been  appointed  and 
shall,  after  a  hearing,  have  recommended  changes  in  rates 
of  pay,  wages,  hours,  or  other  terms  or  conditions  of  em- 
plojTnent,  such  changes  may,  in  the  discretion  of  the  gov- 
ernor, be  made  effective  in  any  plant  which  is  being  oper- 
ated by  the  commonwealth;  and  provided,  further,  that 
when  no  emergency  board  of  inquiry  has  been  appointed, 
the  governor  may  appoint  a  special  commission  which  shall, 
except  as  provided  by  paragraph  (3),  after  a  hearing,  make 
recommendations  concerning  the  rates  of  pay,  wages,  hours, 


Acts,  1954.  —  Chap.  557.  479 

and  terms  and  conditions  of  employment  for  the  period  of 
public  operation,  which  recommendations  may,  in  the  dis- 
cretion of  the  governor,  be  made  effective  in  such  plant  or 
facility  during  said  period.  The  special  commission  shall 
base  its  recommendations  on  such  of  the  factors  normally 
taken  into  account  in  collective  bargaining  or  voluntary 
arbitration  as  it  deems  material,  including  the  conditions  in 
existence  in  the  industry  affected.  The  special  commission 
shall  be  composed  of  not  less  than  three  nor  more  than  six 
members  designated  either  to  represent  the  general  public 
or  with  equal  numbers  to  represent  industry,  labor  and  the 
public,  but  in  the  latter  event  the  gov^ernor  before  appoint- 
ing the  members  of  such  commission  shall  request  the  em- 
ployer to  recommend  the  members  to  represent  industry 
and  the  representatives  of  the  emploj'^ees  to  recommend  the 
members  to  represent  labor.  If  the  commission  recommends 
a  change,  it  shall  include  in  its  recommendations  a  date, 
prospective  or  retroactive,  but  not  prior  to  the  date  of  such 
public  operation  as  of  which  its  recommendations  shall  be 
made  effective  and  in  doing  so  shall  consider  evidence  as  to 
the  responsibility  of  either  party  for  delaying  a  settlement 
or  rejecting  arbitration. 

(3)  In  the  case  of  a  labor  dispute  between  or  among  par-  Autt.ority 
ties  to  a  vaUd  and  existing  collective  bargaining  agreement,  commrss/ons 
the  authority  of  any  special  commission  appointed  under  this  i'°iited. 
section  shall  be  Umited,  with  respect  to  the  unexpired  period 
of  such  agreement,  to  the  determination  of  grievances  as- 
serted thereunder,  and  the  making  of  recommendations  or 
determinations  concerning  the  proper  interpretation  and  ap- 
pUcation  of  the  provisions  of  such  agreement;  provided, 
that  if  the  said  existing  collective  bargaining  agreement  shall 
contain  provisions  for  arbitration  of  grievances  or  inter- 
pretations of  such  agreement,  a  special  commission  appointed 
by  the  governor  hereunder  shall  take  no  action  inconsistent 
with  such  agreement.  Recommendations  which  may  be 
made  by  such  a  commission  in  excess  of  its  authority  as 
herein  limited  shall  not  be  made  effective  during  the  period 
of  public  operation. 

(b)  During  such  emergency  it  shall  be  unlawful  for  any  strikes  and 
person  to  engage  in  any  concerted  activities  interfering  or  tfes^unbwf'ij" 
threatening  to  interfere  with  the  operation  of  any  plant  or  during  period 
facility  which  is  being  operated  by  the  commonwealth  for  control!" 
the  purpose  of  bringing  about  any  change  in  rates  of  pay, 
wages,  hours,  or  terms  or  conditions  of  employment;   or  to 
aid  or  encourage  any  such  concerted  cessation  of  work  or 
other  concerted  activities  by  giving  direction  or  guidance  in 
the  conduct  thereof  or  by  providing  funds  for  the  payment 
of  strike,  unemployment  or  other  benefits  to  persons  par- 
ticipating therein;   or  to  violate  any  rule  or  regulation  pro- 
mulgated by  the  governor  with  the  approval  of  the  council 
under  paragraph  (A).    Nothing  in  this  chapter  shall  be  con- 
strued as  requiring  any  individual  employee  to  render  labor 
or  service  without  his  consent.    In  the  case  of  partial  opera- 


480 


Acts,  1954.  —  Chap.  558. 


Public  control 
to  cease  if 
notice  of 
settlement 
of  dispute 
is  given 
governor. 


Termination 
of  emergency. 


G.  L.  (Ter. 
Ed.),  150B. 
new  §  8, 
added. 

Fees  and 
expenses  of 
moderators, 
etc. 


tion  this  subsection  (h)  shall  apply  only  to  that  portion  of 
the  operation  of  a  plant  or  facility  carried  on  by  the  com- 
monwealth. 

(c)  Whenever  the  parties  to  a  labor  dispute  which  has 
led  the  governor  to  proclaim  the  existence  of  an  emergency 
under  this  section  shall  jointly  report  in  writing  to  the  gov- 
ernor that  they  have  executed  an  agreement  terminating  or 
adjusting  the  said  dispute,  and  that  they  are  in  a  position  to 
resume  or  continue  without  interruption  the  operation  of 
any  plant  or  facility  for  the  production  or  distribution  of 
essential  goods  or  services  the  governor  shall  terminate  forth- 
with with  respect  to  such  plant  or  faciUty  any  arrangements 
made  pursuant  to  paragraph  (A)  and,  if  such  plant  or  fa- 
cility is  being  operated  by  the  commonwealth,  it  shall  be 
restored  immediately  to  the  person  entitled  thereto.  The 
supreme  judicial  court  or  the  superior  court  shall  have  juris- 
diction in  equity,  on  petition  of  any  aggrieved  party,  to  en- 
force compliance  with  the  provisions  of  this  subsection. 

(d)  Whenever,  in  the  opinion  of  the  governor,  the  inter- 
vention of  the  commonwealth  under  this  section  is  no  longer 
necessary  to  safeguard  the  pubhc  health  or  safety,  he  shall 
declare  the  termination  of  the  emergency  without  regard  to 
the  settlement  or  continuation  of  the  labor  dispute. 

Section  2.  Said  chapter  150B  of  the  General  Laws  is 
hereby  further  amended  by  adding  at  the  end  the  following 
section:  —  Section  8.  Any  person  appointed  by  the  gov- 
ernor to  serve  as  a  moderator  or  as  a  member  of  a  special 
commission  or  as  an  impartial  member  of  an  emergency 
board  or  any  person  selected  as  an  impartial  member  of  an 
emergency  board  under  the  provisions  of  this  act,  shall  re- 
ceive a  per  diem  fee  of  fifty  dollars  plus  reasonable  and 
necessary  expenses.  The  commissioner  of  labor  and  indus- 
tries is  authorized  and  directed  to  arrange  for  any  facilities 
required  by  such  boards  or  moderators  including  the  place 
for  the  hearing  and  stenographic  transcripts  of  the  hearing 
and  the  commonwealth  shall  pay  for  the  same  upon  the 
certification  of  the  commissioner.    Approved  June  S,  1954- 


Chap.55S  An  Act  relative  to  the  promotion  and  sale  of  se- 
curities. 


G.  L.  (Ter. 
Ed.),  IIOA. 
§  3,  amended. 

Exempted 
securities  and 
sales  under 
sale  of  securi- 
ties act. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  llOA  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  3  and  inserting  in  place 
thereof  the  following  section :  —  Section  3.  Except  as  pro- 
vided in  this  section,  the  prohibitions  and  restraints  imposed 
by  this  chapter,  including  without  limitation  those  provided 
for  in  sections  eleven  and  eleven  A  to  eleven  E,  inclusive, 
shall  not  apply  to  the  following  types  of  sales :  — 

(a)  Any  isolated  sale;  but  this  exemption  shall  not  in- 
clude a  sale  made  in  the  course  of  repeated  and  successive 
transactions  of  a  like  character. 

(6)  Any  judicial  sale. 


Acts,  1954. —Chap.  558.  481 

(c)  Any  sale,  by  a  pledge  holder  or  mortgagee,  selling  in 
the  ordinary  course  of  business,  of  a  security  pledged  with 
him  in  good  faith  as  security  for  a  bona  fide  debt. 

(d)  Any  sale  by  an  executor,  administrator,  conservator, 
guardian,  trustee,  receiver  or  trustee  in  insolvency  or  bank- 
ruptcy, appointed  by  any  court;  or  any  sale  by  a  corpora- 
tion of  its  stock  for  a  delinquent  assessment  made  in  ac- 
cordance with  law. 

(e)  The  distribution  by  a  corporation  of  its  or  other  se- 
curities, whether  as  a  share  dividend,  distribution  out  of 
surplus,  liquidating  dividend  or  otherwise,  to  its  own  security 
holders  or  their  assigns;  the  distribution  or  exchange  of 
securities  issued  under  a  reorganization  or  recapitalization 
by  a  corporation  or  corporations  party  thereto  to  security 
holders  thereof  or  their  assigns;  or  the  sale  by  a  corporation 
of  its  securities  to  and  among  its  security  holders  or  their 
assigns ;  provided,  in  all  cases,  that  the  same  be  done  without 
payment  of  any  promotion  fee,  or  payment  of  any  salary, 
commission  or  expense  to  any  broker  or  salesman  in  con- 
nection therewith,  except  for  compensation  paid  to  a  person 
in  respect  of  his  agreement  to  purchase  any  securities  of- 
fered by  a  corporation  to  its  security  holders  or  their  as- 
signs which  are  not  purchased  by  such  security  holders  or 
their  assigns.  For  the  purposes  of  this  paragraph  and  para- 
graphs (J)  and  (h),  "corporation"  shall  include  any  or- 
ganization having  transferable  shares. 

(/)  The  issuance  and  sale  by  any  corporation  organized 
under  or  pursuant  to  the  laws  of  this  commonwealth  of  its 
securities  at  a  time  when  the  number  of  security  holders  of 
said  corporation  does  not,  and  will  not  in  consequence  of 
such  sale,  exceed  twenty-five,  or  where  the  aggregate  amount 
raised  by  such  issuance  and  sale  and  all  prior  sales  does  not 
exceed  twenty-five  thousand  dollars. 

(g)  Any  sale  of  notes  secured  by  mortgage  of  real  or  per- 
sonal property,  where  the  title  to  the  entire  security  for  said 
notes  is  sold  and  transferred  therewith. 

{h)  Any  sale  of  securities  to  a  registered  broker,  national 
bank,  trust  company,  savings  bank,  insurance  company  or 
any  corporation. 

(i)  Sales  at  public  auction  of  securities  not  otherwise  ex- 
empt, if  the  authority  of  the  commission  therefor  has  been 
obtained,  and  upon  such  conditions  as  the  commission  may 
prescribe. 

(j)  Any  sale  of  shares  or  securities  of  any  corporation  in- 
corporated under  chapter  one  hundred  and  fifty-seven  whose 
authorized  capital  stock  does  not  exceed  fifty  thousand 
dollars;  provided,  that  no  expenditure  shall  be  made  by  or 
on  behalf  of  such  corporation  in  connection  with  the  issue  or 
sale  of  such  shares  or  securities  other  than  the  actual  ex- 
penses of  organization,  calling  or  holding  meetings  of  incor- 
porators or  shareholders,  printing,  maiUng  and  taxes. 

(k)  The  commission  may,  in  accordance  with  such  rules, 
regulations,  and  upon  such  conditions  and  limitations  as  it 


482 


Acts,  1954. —  Chap.  559. 


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

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


G.  L.  (Tor. 
Ed.).  110  A, 
§  10.  etc., 
amended. 

Certificate  of 
good  character 
required  for 
license. 


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

Service  of 
process,  fees, 
etc. 


may  prescribe,  exempt  other  sales  and  types  of  sales  from  the 
provisions  of  this  chapter. 

The  commission  may  for  cause  forbid  any  sale  exempted 
under  the  provisions  of  paragraphs  (r),  (d),  (e),  (/),  (g),  (/i), 
(0.  0)  srid  (/c)  of  this  section,  and  such  sale  shall  not  there- 
after be  made  except  as  the  commission  may  determine. 

Section  2.  Section  4  of  said  chapter  llOA  is  hereby 
amended  by  striking  out  paragraph  (h),  as  appearing  in 
section  1  of  chapter  290  of  the  acts  of  1932. 

Section  3.  The  next  to  the  last  paragraph  of  section  5  of 
said  chapter  llOA,  inserted  by  section  6  of  chapter  445  of 
the  acts  of  1938,  is  hereby  amended  by  striking  out  the  last 
sentence. 

Section  4.  Section  10  of  said  chapter  UOA  is  hereby 
amended  by  striking  out  the  second  sentence,  as  appearing 
in  section  1  of  chapter  290  of  the  acts  of  1932,  and  inserting 
in  place  thereof  the  following  sentence:  —  It  shall  be  accom- 
panied by  a  certificate  of  two  responsible  persons  that  in 
their  opinion  the  applicant  is,  or,  in  case  of  an  organization, 
that  the  partners,  tmstees,  directors  and  other  officers  or 
managing  agents  are,  honest  and  of  good  repute. 

Section  5.  The  first  paragraph  of  said  section  10  of  said 
chapter  llOA,  as  amended  by  section  8  of  chapter  445  of  the 
acts  of  1938,  is  hereby  further  amended  by  adding  at  the 
end  the  following  three  sentences:  —  Such  service  of  process 
under  this  section  shall  he  made  by  leaving  duplicate  copies 
thereof  with  a  fee  of  two  dollars  in  the  hands  of  the  secretary 
of  the  commission,  or  in  his  office,  and  the  secretary  of  the 
commission  «hall  forthwith  send  one  of  said  copies  by  mail, 
postage  prepaid,  addressed  to  the  defendant  at  his  last  ad- 
dress as  appearing  on  the  commission's  records;  and  an 
affidavit  of  the  secretary  of  the  commission,  or  of  any  per- 
son authorized  by  him  to  mail  such  copy,  that  such  copy 
has  been  so  mailed  shall  be  prima  facie  evidence  of  such 
mailing.  One  of  said  copies  of  such  process,  certified  by  the 
secretarj'  of  the  commi.ssion  as  having  been  served  upon 
him,  shall  be  sufficient  evidence  of  service  upon  him  under 
said  power  of  attorney.  The  court  in  which  the  action  is 
pending  may  order  suf^h  continuances  as  may  be  necessary 
to  afford  the  defendant  reasonable  opportunity  to  defend 
the  action.  Approved  June  3,  1954. 


Chap. 559  An  Act  relative  to  the  solicitation  of  funds  for 

CHARITABLE    PURPOSES. 


G.  L.  (Ter. 
Ed.),  68,  new 
§  17,  added. 

Solicitation 
of  funds  for 
charitable 
purposes, 
regulated. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  08  of  the  General  Laws  is  herebj'  amended  by 
in.serting  after  section  IG,  as  appearing  in  the  Tercentenary 
Edition,  the  following  section:  —  Section  17.  No  person, 
group  of  persons,  firm,  association  or  corporation,  except  as 
hereinafter  provided,  shall  solicit  funds  or  other  property 
for  charitable  or  benevolent  purposes  until  such  person. 


Acts,  1954. —  Chap.  559.  483 

group  of  persons,  firm,  association  or  corporation  shall  have 
provided  certain  information  concerning  such  solicitation,  as 
required  by  the  terms  of  this  section,  on  forms  to  be  pro- 
vided by  the  office  of  the  attorney  general,  and  filed  such 
information  with  the  clerk  of  each  city  or  town  where  such 
solicitation  is  to  be  conducted;  provided,  however,  that  if 
sohcitation  is  to  be  conducted  in  more  than  one  city  or  town 
such  information  may  be  filed  with  the  office  of  the  attorney 
general  instead  of  with  such  clerks;  and  provided,  further, 
that  if  such  solicitation  is  to  be  conducted  by  paid  solicitors 
such  information  shall  be  filed  with  the  clerk  of  each  city  or 
town  in  which  paid  solicitors  are  to  solicit.  The  information 
so  filed  shall  be  available  to  the  general  public  as  a  matter 
of  pubhc  record. 

The  forms  containing  said  information  shall  be  signed  Certain  infor- 

,  -I  .        .  1  «  -  5  mation  to  he 

by  such  person  or  m  the  case  of  a  group  of  persons,  firm,  filed  before 
association  or  corporation  by  the  principal  officer  of  the  of'funds.°" 
organization  concerned,  and  shall  include  (1)  the  identity 
of  the  person,  group  of  persons,  firm,  association  or  corpo- 
ration bj^  whom  or  for  whom  the  solicitation  is  to  be  con- 
ducted; (2)  the  address  of  such  person  or  the  address  of  the 
principal  office  or  headquarters  of  such  group  of  persons, 
firm,  association  or  corporation  and  the  names  and  addresses 
of  the  officers  thereof;  (3)  the  purpose  or  purposes  for  which 
the  funds  or  property  solicited  are  to  be  used;  (4)  the  indi- 
vidual or  officer  who  will  have  custody  of  the  funds  or  prop- 
erty received;  (5)  the  person  or  persons  responsible  for  the 
distribution  thereof;  (6)  the  period  of  time  during  which 
such  solicitation  is  to  be  conducted;  (7)  a  description  of 
the  method  or  methods  of  solicitation  in  such  detail  as  may 
from  time  to  time  be  determined  by  the  attorney  general; 
(8)  whether  such  solicitation  is  to  be  conducted  by  volun- 
tary unpaid  solicitors,  by  paid  solicitors,  or  both;  and  (9)  if 
in  whole  or  in  part  by  paid  solicitors  the  name  and  address 
of  the  person  or  organization,  if  any,  supplying  such  solicitors, 
the  basis  of  payment  and  the  nature  of  the  arrangement 
with  such  paid  solicitors. 

In  cases  where  a  promoter  for  compensation  is  involved,  information 
he  shall  file  a  signed  statement  on  a  form  to  be  provided  paw'pro-" 
by  the  office  of  the  attorney  general  giving  (1)  his  name;  °'°*'""- 
(2)  permanent  address  and  address  where  he  can  be  reached 
during  the  sohcitation;  (3)  a  description  of  the  method  or 
methods  to  be  employed  in  such  solicitation  in  such  detail  as 
may  from  time  to  time  be  determined  by  the  attorney  general, 
including  the  amount  and  method  of  compensation  to  him; 
and  (4)  if  such  solicitation  is  to  be  conducted  in  whole  or  in 
part  by  paid  solicitors,  the  name  and  address  of  the  person 
or  organization,  if  any,  supplying  such  solicitors,  the  basis 
of  payment  and  the  nature  of  the  arrangement  with  such 
paid  soUcitors. 

Any  person,  group  of  persons,  firm,  association  or  corpo-  information 
ration  engaged  in  soliciting  funds,  subject  to  the  provisions  a^er  so'ilcita- 
of  this  section,  shall  within  ninety  days  after  the  period  of  tion  of  funds. 


484 


Acts,  1954. —  Chap.  560. 


Inapplicable 

to  certain 
organizations 
and  solicita- 
tions. 


Keeping  of 
records,  etc. 


Public 

inspection 

thereof. 

Enforcement 
of  act  by 
attorney 
general. 


Penalties. 


solicitation  specified  file  the  following  information  in  the 
manner  and  in  the  place  or  places  hereinbefore  provided:  — 
(1)  the  gross  amount  of  the  funds  or  the  value  of  the  prop- 
erty pledged  or  collected;  (2)  the  amount  thereof  given  or 
to  be  given  to  the  charitable  purpose  represented;  (3)  the 
aggregate  amount  paid  and  to  be  paid  for  the  expenses  of 
such  solicitation;  and  (4)  the  aggregate  amount  paid  to. 
and  to  be  paid  to  soHcitors  and  promoters. 

This  section  shall  not  apply  to  solicitations  conducted 
by  or  on  behalf  of  churches,  rehgious  organizations,  non- 
profit charitable  hospitals,  or  educational  institutions  in- 
corporated in  this  commonwealth,  to  soUcitations  conducted 
exclusivel}'^  among  the  members  of  any  organization  by  the 
members  thereof,  or  to  soUcitations  where  the  gross  amount 
of  the  funds  to  be  raised  or  the  value  of  the  property  to  be 
donated  is  one  thousand  dollars  or  less  to  be  collected  by 
voluntary  or  unpaid  solicitors;  nor  shall  the  provisions  of 
this  section  apply  to  anyone  who  solicits  on  a  voluntary 
and  unpaid  basis  for  or  on  behalf  of  any  person,  group  of 
persons,  firm,  organization  or  corporation. 

Every  person,  group  of  persons,  firm,  association  or  cor- 
poration subject  to  the  provisions  of  this  section  shall 
keep  a  full  and  true  record  in  such  form  as  \^'ill  enable  such 
person,  group  of  persons,  firm,  association  or  corporation 
accurately  to  provide  the  information  required  by  this  sec- 
tion. All  records  required  hereunder  shall  be  open  to  inspec- 
tion at  all  times  by  the  attorney  general,  and  upon  demand 
shall  be  presented  to  him  for  inspection.  Upon  an  infor- 
mation in  equity  brought  by  the  attorney  general  the  supreme 
judicial  or  superior  court  may  enforce  the  provisions  of  this 
section  and  may  restrain  the  soUciting  of  contributions  by 
or  on  behalf  of  a  person,  association  or  corporation  violating 
its  provisions. 

Any  person  conducting  a  soHcitation  in  violation  of  the 
provisions  of  this  section  or  filing  false  information  here- 
under shall  be  punished  by  a  fine  not  to  exceed  five  hundred 
dollars  or  by  imprisonment  for  six  months  in  jail,  or  both, 
and  in  the  case  of  a  sohcitation  conducted  in  violation  of  the 
provisions  of  this  section  by  a  firm,  association  or  corpo- 
ration, every  officer  or  agent  thereof  who  authorizes  or  con- 
ducts such  solicitation,  shall  be  jointly  and  severally  Uable 
for  such  fine,  together  with  the  firm,  association  or  corpo- 
ration. Approved  June  S,  1954. 


Chap. 560  An  Act  relative  to  the  taxation  of  certain  dividends. 
Be  it  enacted,  etc.,  as  follows: 

Section  8  of  chapter  62  of  the  General  Laws  is  hereby 
amended  by  striking  out  subsection  (e),  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  subsection :  — 

(e)  Income  of  intangible  personal  property  exempt  from 
taxation  by  section  five  of  chapter  fifty-nine,  except  under 


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


Acts.  1954.  —  Chaps.  561,  562.  485 

clauses  seventeenth,  eighteenth,  twenty-second,  twenty- 
third,  twenty-seventh,  twenty-ninth,  thirty-first,  thirty- 
second  and  thirty-third  of  said  section. 

Approved  June  3,  1954- 

An  Act  relative  to  the  taxation  of  the  lands  of  the  Chap. 661 

COMMONWEALTH  SITUATE  IN  SOUTH  BOSTON  AND  KNOWN 
AS  THE  COMMONWEALTH  FLATS,  WHEN  LEASED  FOR  BUSI- 
NESS   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  12  of  Part  I  of  chapter  490  of  the 
acts  of  1909  is  hereby  amended  by  adding  at  the  end  the 
following  sentence:  —  Nothing  contained  in  section  three  A 
of  chapter  fifty-nine  of  the  General  Laws  shall  be  construed 
to  affect  in  any  way  the  provisions  of  this  section. 

Section  2.  To  the  fullest  possible  extent  this  act  shall 
be  construed  as  declaratory  of  the  provisions  of  sections 
three  A  and  five  of  chapter  fifty-nine  of  the  General  Laws, 
as  appearing  in  chapter  six  hundred  and  sixty-seven  of  the 
acts  of  nineteen  hundred  and  fifty-one. 

Approved  June  3,  1954- 

An   Act   providing   for  the   informal  administration  Cha'p.5Q2 

OF  CERTAIN  SMALL  ESTATES  OF  DECEASED  PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  L     Chapter  195  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  15  the  following  sec-  ne'l^^i^^l' 
tion:  —  Section  16.     If  an  inhabitant  of  the  commonwealth  added. 
dies  leaving  an  estate  consisting  entirely  of  personal  property  informal 
the  total  value  of  which  does  not  exceed  five  hundred  dollars,  of  certain^  '°" 
his  surviving  spouse,  child,  parent,  brother  or  sister  if  of  pro'^'ded^**^^' 
full  age  and  legal  capacity  and  an  inhabitant  of  the  common- 
wealth, ma}'',  after  the  expiration  of  thirty  days  from  the 
death   of   the   decedent,   provided   no   petition  for  letters 
testamentary  or  letters  of  administration  has  been  filed 
with  the  probate  court  of  the  county  in  which  the  decedent 
resided,  file  with  said  probate  court  upon  a  form  prescribed 
by  the  court  a  statement  verified  by  oath  or  affirmation 
containing:    (a)   the  name  and  residential  address  of  the 
affiant,  (6)  the  name,  residence  and  date  of  death  of  the 
deceased,  (c)  the  relationship  of  the  affiant  to  the  deceased, 
{d)  a  schedule  showing  every  asset  of  the  estate  known  to  the 
affiant  and  the  estimated  value  of  each  such  asset,   (e)  a 
statement  that  the  affiant  has  undertaken  to  act  as  volun- 
tary administrator  of  the  estate  of  the  deceased  and  will 
administer  the  same  according  to  law  and  apply  the  proceeds 
thereof  in  conformity  with  this  section  and  if)  the  names  and 
addresses  of  surviving  joint  owners  of  property  with  the 
deceased,  known  to  the  affiant.    The  oath  required  by  this 
section  shall  not  be  governed  by  section  one  A  of  chapter 
two  hundred  and  sixty-eight. 


486 


Acts,  1954. —  Chap.  562. 


Voluntary 
administrator, 
duties  and 
liabilities. 


G.  L.  (Ter. 
Ed.).  35, 
§  19B,  etc., 
amended. 

Payment  by 
counties  of 
certain  salaries 
due  upon  death 
of  employees, 
regulated. 


Upon  presentation  of  such  statement,  accompanied  by  a 
certificate  of  the  deatli.of  the  deceased  by  a  public  officer 
and  payment  of  a  fee  of  three  dollars  or  such  amount  as 
may  be  specified  in  section  forty  of  chapter  two  hundred 
and  sixty-two,  the  register  of  probate  shall  docket  these 
documents  as  a  part  of  the  permanent  records  of  the  court. 
Upon  payment  of  a  fee  of  one  dollar  the  register  shall,  and 
if  no  other  probate  proceeding  for  administration  of  such 
estate  is  pending  in  said  court,  issue  an  attested  copy  of  a 
statement  duly  filed  under  this  section. 

Upon  the  presentation  of  a  copy  of  such  a  statement  duly 
attested  by  the  register  of  probate,  the  tender  of  a  proper 
receipt  in  writing  and  the  surrender  of  any  policy,  passbook, 
note,  certificate  or  other  evidentiarj'-  instrument,  a  voluntary 
administrator  may,  as  the  legal  representative  of  the  deceased 
and  his  estate,  receive  payment  of  any  debt  or  obligation 
in  the  nature  of  a  debt,  or  dehvery  of  any  chattel  or  asset, 
scheduled  in  such  statement.  Payments  and  deliveries 
made  under  this  section  shall  discharge  the  liability  of  the 
debtor,  obligor  or  dehverer  to  all  persons  with  respect  to 
such  debt,  chattel,  obligation  or  other  asset  unless,  at  the 
time  of  such  payment  or  delivery,  a  written  demand  has 
been  made  upon  said  debtor,  obfigor  or  deliverer  by  a  duly 
appointed  executor  or  administrator. 

A  voluntary  administrator  may  sell  any  chattel  so  re- 
ceived and  negotiate  or  assign  any  chose  in  action  to  convert 
the  same  to  cash  in  a  reasonable  amount. 

A  voluntary  administrator  shall,  as  far  as  possible  out 
of  the  assets  which  come  into  his  hands,  first  discharge  the 
necessary  expenses  of  the  funeral  and  last  sickness  of  the 
deceased  and  the  necessary  expenses  of  administration 
without  fee  for  his  services,  and  then  pay  the  debts  of  the 
deceased  in  the  order  specified  in  section  one  of  chapter 
one  hundred  and  ninety-eight  and  any  other  debts  of  the 
estate,  and  then  distribute  the  balance,  if  any,  to  the  sur- 
viving spouse,  or,  if  there  is  no  surviving  spouse,  to  the 
persons  and  in  the  proportions  prescribed  by  clauses  (1), 
(2),  (3),  (4)  and  (5)  of  section  three  of  chapter  one  hundred 
and  ninety. 

A  voluntary  administrator  shall  be  hable  as  an  executor 
in  his  own  wrong  to  all  persons  aggrieved  by  his  adminis- 
tration of  the  estate,  and,  if  letters  testamentary  or  letters 
of  administration  are  at  any  time  granted,  shall  be  liable 
as  such  an  executor  to  the  rightful  executor  or  administrator. 

Section  2.  Chapter  35  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  19B,  inserted  by  section  1 
of  chapter  436  of  the  acts  of  1953,  and  inserting  in  place 
thereof  the  following  section:  —  Section  19B.  Whenever 
any  officer  or  employee  or  former  officer  or  employee  of  a 
county  dies,  and  such  county  owes  his  estate  any  sum  or 
sums  by  reason  of  the  terms  of  his  employment,  the  aggregate 
amount  of  which  does  not  exceed  five  hundred  dollars, 
and  neither  a  duly  appointed  executor  or  administrator 


Acts,  1954. —  Chap.  562.  487 

nor  a  voluntary  administrator  has  made  written  demand 
for  payment  upon  the  treasurer  of  such  county  and  such 
treasurer  does  not  otherwise  have  actual  notice  that  pro- 
ceedings relative  to  the  formal  or  informal  settlement  of 
such  estate  have  been  commenced  in  any  probate  court, 
such  sum  or  sums  may,  in  the  discretion  of  such  treasurer, 
be  paid  after  the  expiration  of  one  month  from  the  death 
of  such  officer  or  employee  to  the  husband,  widow  or  next 
of  kin  of  such  officer  or  employee.  Payments  made  as  pro- 
vided in  this  section  shall  discharge  all  habihtj''  of  the  county 
to  all  persons  with  respect  to  such  sum  or  sums. 

Section  3.     Chapter  41  of  the  General  Laws  is  hereby  g.l.  (Xer. 
amended  by  striking  out  section  1111,  inserted  by  section  3  f  iiiit^etc. 
of  said  chapter  436  of  the  acts  of  1953,  and  inserting  in  amended. 
place  thereof  the  following  section :  — >Sedf on  1111.    When-  Payment  by 
ever  any  officer  or  employee  or  former  officer  or  employee  fn^ifkeTa'^ea,"^"^ 
of  a  city  or  town  dies,  and  such  city  or  town  owes  his  estate  regulated. 
any  sum  or  sums  by  reason  of  services  rendered  by  him  or 
by  reason  of  section  one  hundred  and  eleven  E  or  section  one 
hundred  and  eleven  F  or  other  similar  general  or  special 
law  or  by  reason  of  other  terms  of  his  employment,  the 
aggregate  amount  of  which  does  not  exceed  five  hundred 
dollars,  and  neither  a  duly  appointed  executor  or  adminis- 
trator nor   a   voluntary   administrator  has   made   written 
demand  for  payment  upon  the  treasurer  of  such  city  or 
town  and  such  treasurer  shall  not  otherwise  have  actual 
notice  that  proceedings  relative  to  the  formal  or  informal 
settlement  of  such  estate  have  been  commenced  in  any 
probate  court,  such  sum  or  sums  may,  in  the  discretion  of 
such  treasurer,  be  paid  after  the  expiration  of  one  month 
from  the  death  of  such  officer  or  employee  to  the  husband, 
widow  or  next  of  kin  of  such  officer  or  employee.    Payments 
made  as  provided  in  this  section  shall  discharge  all  liability 
of  the  city  or  town  to  all  persons  with  respect  to  such  sum  or 
sums. 

Section  4.    Chapter  149  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  178A,  as  amended  by  sec-  f  irsA^eto 
tion  4  of  said  chapter  436  of  the  acts  of  1953,  and  inserting  amended. 
in    place    thereof    the    following    section:  —  Section  ^75A.  Payment  by 
Wages  or  salary  not  in  excess  of  one  hundred  dollars,  due  fiuTMse"'" 
an  employee  who  dies  intestate,  may  be  paid  by  the  employer  regulated. 
if  thirty  days  have  elapsed  since  the  death  of  the  employee 
and  neither  a  duly  appointed  executor  or  administrator  nor 
a  voluntary  administrator  has  made  written  demand  upon 
the  employer  for  payment  and  the  employer  shall  not  other- 
wise have  actual  notice  that  proceedings  relative  to  the 
formal  or  informal  settlement  of  the  estate  of  the  employee 
have  been  commenced  in  any  probate  court,  to  the  sur- 
viving husband  or  wife,  or  to  an  adult  child  of  the  deceased, 
or,  if  the  employer  is  satisfied  that  there  is  no  surviving 
husband  or  wife  or  adult  child,  to  the  surviving  father  or 
mother  of  such  employee.     Such  payment  shall  be  a  full 
discharge  of  all  obligations  of  the  employer  in  respect  to 


488 


Acts,  1954. —  Chap.  562. 


"Employee", 
not  to  include. 


G.  L.  (Ter. 
Ed.),  149, 
§  178C,  etc., 
amended. 

Payment  by 
commonwealth 
in  like  cases, 
regulated. 


G.  L.  (Ter. 
Ed.),  262,  §  40, 
etc.,  amended. 


Fees. 


Applicability 
of  section  one 
of  this  act. 


such  wages  or  salary.  The  term  "employee",  as  used  in  this 
section,  shall  not  be  construed  to  include  an  officer  or  em- 
ployee of  the  commonwealth  or  of  any  political  subdivision 
thereof. 

Section  5.  Said  chapter  149  is  hereby  further  amended 
by  striking  out  section  178C,  inserted  by  section  5  of  said 
chapter  436  of  the  acts  of  1953,  and  inserting  in  place  thereof 
the  following  section:  —  Section  178C.  Whenever  any 
officer  or  employee  or  former  officer  or  employee  of  a  political 
subdivision  of  the  commonwealth  other  than  a  county,  city 
or  town,  dies,  and  such  subdivision  owes  his  estate  any  sum 
or  sums  by  reason  of  the  terms  of  his  employment,  the 
aggregate  amount  of  which  does  not  exceed  five  hundred 
dollars,  and  neither  a  duly  appointed  executor  or  adminis- 
trator nor  a  voluntary  administrator  has  made  written 
demand  for  payment  upon  the  treasurer  of  such  subdivision, 
and  such  treasurer  does  not  otherwise  have  actual  notice 
that  proceedings  relative  to  the  formal  or  informal  settle- 
ment of  such  estate  have  been  commenced  in  any  probate 
court,  such  sum  or  sums  may,  in  the  discretion  of  such 
treasurer,  be  paid  after  the  expiration  of  one  month  from 
the  death  of  such  officer  or  employee  to  the  husband,  widow 
or  next  of  kin  of  such  officer  or  employee.  Payments  made 
as  provided  in  this  section  shall  discharge  all  liability  of  the 
subdivision  to  all  persons  with  respect  to  such  sum  or  sums. 

Section  6.  Section  40  of  chapter  262  of  the  General 
Laws,  as  most  recently  amended  by  section  4  of  chapter  657 
of  the  acts  of  1951,  is  hereby  further  amended  by  adding 
at  the  end  the  following  two  paragraphs :  — 

For  filing  statement  of  voluntary  administration,  three 
dollars. 

For  issuance  of  an  attested  copy  of  a  statement  of  volun- 
tary administration,  one  dollar. 

Section  7.  Section  1  of  chapter  162  of  the  acts  of  1951 
is  hereby  amended  by  striking  out,  in  lines  13  and  14,  the 
words  "demand  therefor  by  a  duly  appointed  executor  or 
administrator"  and  inserting  in  place  thereof  the  words:  — 
written  demand  therefor  by  a  duly  appointed  executor  or 
administrator  or  by  a  voluntary  administrator,  and  said 
commissioner  shall  not  otherwise  have  actual  notice  that 
proceedings  relative  to  the  estate  of  the  patient  or  inmate 
have  been  commenced  in  any  probate  court. 

Section  8.  Section  sixteen  of  chapter  one  hundred  and 
ninety-five  of  the  General  Laws,  inserted  by  section  one  of 
this  act,  shall  apply  only  to  the  estate  of  persons  dying  on 
or  after  the  effective  date  of  this  act. 

Approved  June  3,  1954. 


Acts,  1954. —  Chaps.  563,  564,  565.  489 

An  Act  making  certain  persons  now  serving  in  the  Chmi  563 

ARMED    FORCES    OF   THE    UNITED    STATES    ELIGIBLE    TO    RE-  " 

CEIVE   FROM  THE   COMMONWEALTH  A   BONUS   FOR  SERVICES 
DURING    HOSTILITIES   IN    KOREA. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 

I     /»  •  1   •    1       •  11  •  1  preamble. 

to  defeat  its  purpose,  which  is  to  enable  certain  residents 
of  Massachusetts  who  are  serving  in  the  armed  forces  of  the 
United  States  to  receive  immediately  the  bonus  provided 
for  service  during  hostihties  in  Korea,  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  1  of  chapter  440  of  the  acts  of  1953  is  hereby 
amended  by  adding  at  the  end  the  following  paragraph :  — 

The  benefits  of  this  section  are  hereby  extended  to  any 
commissioned  officer,  warrant  officer,  or  person  enlisted  for 
an  indefinite  enlistment  serving  in  the  armed  forces  of  the 
United  States,  who  was  domiciled  as  provided  in  this  section 
and  who  served  in  the  said  armed  forces  in  active  service 
for  not  less  than  three  years  subsequent  to  June  twenty- 
fifth,  nineteen  hundred  and  fifty,  in  any  grade  or  grades,  and 
who  is  not  otherwise  entitled  to  said  benefits  solely  for  the 
reason  that  he  has  not  received  a  discharge  or  release  under 
honorable  conditions  from  such  service. 

Approved  June  7,  1954. 

An  Act  relative  to  the  position  of  the  director  of  fhn^  ^(ka 

SANITARY    ENGINEERING    AND    CHIEF    SANITARY    ENGINEER 
in  the  STATE   DEPARTMENT  OF  PUBLIC  HEALTH. 

Whereas,  The  deferred  operation  of  this  act  would  tend  pr^ambiT^ 
to  defeat  its  purpose,  which  is  to  make  the  provisions  thereof 
take  effect  forthwith,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  5A  of  chapter   17  of  the  General  g.  l.  (Ter. 
Laws,  inserted  by  section  2  of  chapter  658  of  the  acts  of  ^tc.j'rejea^ied^' 
1947,  is  hereby  repealed. 

Section  2.    This  act  shall  not  affect  the  existence  of  the  ineffective 
position  of  the  director  of  sanitary  engineering  and  chief  as  to  certain 
sanitary  engineer  nor  the  tenure  of  the  present  incumbent  ''°^'  '°'^^" 
thereof. 

Section  3.    This  act  shall  take  effect  on  July  first  of  the  Effective 
current  year.  Approved  June  7,  1954.      '^''*^' 

An  Act  authorizing  the  town  of  swampscott  to  pay  Chav  565 

AN   annuity   to   the   WIDOW    OF  WOODBURY   L.    RODRICK. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  For  the  purpose  of  promoting  the  public 
good  and  in  consideration  of  the  long  and  efficient  service 


490 


Acts,  1954.  —  Chap.  566. 


of  Woodbury  L.  Rodrick,  former  employee  of  the  highway 
department  of  the  town  of  Swampscott,  said  town  may  ap- 
propriate and  pay  to  Charlotte  M.  Rodrick,  widow  of  said 
Woodbury  L.  Rodrick,  so  long  as  she  shall  remain  unmarried, 
a  payment  not  to  exceed  twelve  hundred  dollars  annually, 
the  same  to  be  paid  in  equal  monthly  installments. 

Section  2.  Any  action  taken  by  the  town  of  Swamp- 
scott at  a  meeting  held  during  the  current  year  shall  be  as 
valid  and  effective  as  though  this  act  were  in  effect  at  the 
time  of  the  posting  of  the  warrant  for  said  meeting. 

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

Approved  June  7,  195 If.. 


Chap.dQQ  An  Act  relative  to  the  salary  rates  of  certain  county 

OFFICERS  AND  EMPLOYEES  IN  THE  VARIOUS   COUNTIES  EX- 


Emergenoy 
preamble. 


G.  L.  (Ter. 
Ed.),  35, 
§  51B,  etc.. 
amended. 


Salary 
schedule. 


CEPT   SUFFOLK. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to 
defeat  its  purpose,  which  is  to  further  perfect  the  salary 
rates  of  certain  officers  and  employees  in  the  various  coun- 
ties except  Suffolk,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  pubhc  convenience. 

Be  it  enacted,  etc.,  asfolloios: 

Section  1.  Section  51B  of  chapter  35  of  the  General 
Laws  is  hereby  amended  by  striking  out  the  salary  schedules, 
as  appearing  in  section  2  of  chapter  743  of  the  acts  of  1951, 
and  inserting  in  place  thereof  the  following:  — 

Salary  Schedule. 
Effective  July  1,  195 Jf. 


Incre- 
ment. 

Rates  (on  Total  Cash  Basis). 

Salart 

Grade 

No. 

Mini- 
mum. 

Second 
Year. 

Third 
Year. 

Fourth 
Year. 

Fifth 
throueh 
Seventh 

Year. 

Eighth 

throueh 

Eleventh 

Year. 

Maxi- 
mum 
from 
Twelfth 
Year. 

1 
2 
3 
4 
6 
6 
7 
8 
9 
10 
11 
12 
13 
14 

$120 
120 
120 
120 

[ll20 
120 
120 
120 
120 
120 
120 
120 
120 
120 

$1,980 
2,040 
2,100 
2,160 
2,220 
2,280 
2,340 
2,400 
2,460 
2,520 
2,580 
2,640 
2,700 
2,760 

$2,100 
2,160 
2,220 
2,280 
2,340 
2.400 
2,460 
2,520 
2,580 
2,640 
2,700 
2,760 
2,820 
2,880 

$2,220 
2,280 
2,340 
2,400 
2,460 
2,520 
2,580 
2,640 
2,700 
2,760 
2,820 
2,880 
2.940 
3,000 

$2,340 
2,400 
2,460 
2,520 
2,580 
2.640 
2,700 
2,760 
2,820 
2,880 
2,940 
3.000 
3,060 
3,120 

$2,160 
2,520 
2.580 
2,640 
2,700 
2,760 
2,820 
2,880 
2,940 
3,000 
3,060 
3,120 
3.180 
3,240 

$2,580 
2,610 
2,700 
2,760 
2,820 
2.880 
2,940 
3,000 
3.060 
3.120 
3.180 
3,240 
3,300 
3,360 

$2,700 
2,760 
2,820 

'2,880 
2,940 
3.000 
3.060 
3.120 
3,180 
3,240 
3,300 
3,360 
3,420 
3.480 

Acts,  1954. —  Chap.  566. 


491 


Salary  Schedule  —  Concluded. 
Effective  July  1,  1954  —Concluded. 


Incre- 

R 

ATE3  (ON  Total  Cash  Basis). 

Salary 

Fifth 

Eiphth 

Maxi- 

Qrade 
No. 

ment. 

Mini- 

Second 

Third 

Fourth 

throngh 

throiifih 

mum 

from 

Twelfth 

Year. 

mum. 

Year. 

Year. 

Year. 

Seventh 
Year. 

Eleventh 
Year. 

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 

3,660 

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 

3,660 

3,780 

3,900 

22 

120 

3,240 

3,360 

3,480 

3,600 

3,720 

3,810 

3,960 

23 

120 

3,300 

3,420 

3,510 

3,660 

3,780 

3,900 

4,020 

24 

120 

3,369 

3,480 

3,600 

3.720 

3.810 

3,960 

4,080 

25 

120 

3,420 

3,510 

3,660 

3,780 

3,900 

4,020 

4,140 

26 

120 

3,480 

3,600 

3.720 

3,810 

3,960 

4,080 

4,200 

27 

120 

3,510 

3,660 

3,780 

3,900 

4,020 

4,140 

4,260 

28 

120 

3,600 

3,720 

3,840 

3,960 

4,080 

4.200 

4.320 

29 

120 

3,660 

3,780 

3,900 

4,020 

4,140 

4,260 

4.380 

30 

120 

3,720 

3,810 

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 

180 

3,960 

4,140 

4.320 

4,500 

4,680 

4,860 

5,040 

35 

180 

4,020 

4,200 

4,380 

4.560 

4,740 

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 

6,220 

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 

4,880 

5,040 

5,220 

5,400 

5,580 

5,760 

47 

180 

4,740 

4,920 

5,100 

5,280 

5,460 

5,640 

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 

6,580 

5.820 

6,060 

6,300 

50 

240 

4,980 

5,220 

5,460 

5,700 

5,940 

6,180 

6,420 

61 

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 

54 

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 

6,680 

6,900 

7,140 

57 

240 

5,820 

6,060 

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 

50 

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 

9,480 

9,780 

492 


Acts,  1954. —  Chap.  567. 


G.  L.  (Ter. 
Ed.).  35, 
§  51B,  etc.. 
amended. 


Increments  in 
salary  grades. 


Effect  of  certain 
promotions  on 
salary  grade. 


Effective 

date. 


Section  2.  Said  section  5 IB  of  said  chapter  35  is  hereby 
further  amended  by  striking  out  paragraph  (2),  as  appearing 
in  section  1  of  chapter  591  of  the  acts  of  1948,  and  inserting 
in  place  thereof  the  following  paragraph :  — 

(2)  Increments  in  salary  grades  numbered  one  to  fourteen, 
inclusive,  under  the  salary  schedule  shall  be  semi-annual 
increases  of  sixty  dollars  during  the  first,  second  and  third 
year  and  at  the  beginning  of  the  fourth  year.  At  the  be- 
ginning of  the  fifth,  eighth  and  twelfth  years  said  incre- 
ments shall  be  increases  of  one  hundred  and  twenty  dollars 
each. 

Section  3.  The  salary  grade  and  rate  of  each  officer  and 
employee  whose  position  is  classified  under  sections  forty- 
eight  to  fifty-five,  inclusive,  of  chapter  thirty-five  of  the 
General  Laws  on  the  eftective  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  said 
chapter  who  has  received  a  promotion  since  July  first,  nine- 
teen 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,  shall  receive  the  rate  which  he  would  have  re- 
ceived if  his  promotion  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  June  7,  1954. 


C/iat). 567  A-N  Act  relative  to  the  powers  and  duties  of  the 

PAROLE    BOARD. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  27.  §  5A, 
etc.,  amended. 


Employees 
and  agents  of 
parole  board, 
authorized. 


Whereas,  The  deferred  operation  of  this  act  would  tend  to 
defeat  its  purpose,  which  is  to  make  effective  at  once  certain 
provisions  of  law  relative  to  the  parole  board  and  certain 
related  matters,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  convenience. 

Be  it  enacted,  etc.,  as  folloius: 

Section  1.  Chapter  27  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  5A,  as  amended  by  sec- 
tion 1  of  chapter  449  of  the  acts  of  1945,  and  inserting  in 
place  thereof  the  following  section:  —  Section  5 A.  Said 
board  may  appoint  and  remove  such  employees  as  its  work 
may  require,  and  may  employ  such  number  of  male  and 
female  agents  as  may  be  approved  by  the  governor  and 
council  to  enable  it  to  carry  out  its  duties  under  the  laws 
relative  to  the  release  of  prisoners,  their  supervision  after 
release  and  the  procurement  of  employment  for  them.  Said 
board  may  assign  any  of  its  agents  or  employees  to  the  penal 
institutions  of  the  commonwealth  in  the  performance  of  its 


Acts,  1954.  —  Chap.  567.  493 

duties.  Such  agents  shall  give  their  entire  time  during  busi- 
ness hours  to  their  duties,  and  shall  be  reimbursed  for  the 
necessary  expenses  actually  incurred  in  the  performance  of 
their  duties,  after  the  bills  therefor  have  been  approved  by 
said  board. 

Section  2.     Said  chapter  27  is  hereby  further  amended  ^^\  ij^^- 
by  inserting  after  section  5A  the  following  section:  —  Sec-  new'§5B. 
Hon  SB.    Said  board  shall  have  the  powers  and  duties  rela-  p^^^^' 
tive  to  granting  permits  to  be  at  liberty  from  penal  and  re-  duties  of 
formatory  institutions  set  forth  in  chapter  one  hundred  and  p^"^"'®  board.    , 
twenty-seven.     It  shall  also  be  an  advisory  board  of  par- 
dons, with  powers  and  duties  in  relation  thereto  as  set  forth 
in  said  chapter.    Said  board  shall  make  an  annual  report  to 
the  commissioner. 

Section  3.     Section  seven  of  chapter  one  hundred  and  EdViI^' 
twenty-four  of  the  General  Laws,  as  amended  by  section  §  7,  etc., ' 
forty  of  chapter  four  hundred  and  fifty-one  of  the  acts  of  '"^p®^^®*^- 
nineteen  hundred  and  thirty-nine,  is  hereby  repealed. 

Section  4.     Section  129  of  chapter  127  of  the  General  g^L.  (Ter. 
Laws,  as  most  recently  amended  by  section  1  of  chapter  450  §  i'29,  etc., 
of  the  acts  of  1948,  is  hereby  further  amended  by  striking  ^^^'i®^^- 
out  the  third,  fourth  and  fifth  paragraphs  and  inserting  in 
place  thereof  the  following  three  paragraphs :  — 

If,  during  the  term  of  imprisonment  of  a  prisoner  con-  Deductions 
fined  in  a  state  or  county  institution,  such  prisoner  shall  o?imp?ison- 
commit  any  offence  of  which  he  shall  be  convicted  and  sen-  ™eiit  for 
tenced,  or  if  a  prisoner  hereafter  sentenced  is  convicted  of  a  regulated, 
felony  while  on  parole,  all  deductions  hereunder  from  the 
former  sentence  of  imprisonment  of  such  prisoner  shall  be 
thereby  forfeited. 

If  a  prisoner  sentenced  prior  to  the  effective  date  of  this 
paragraph,  while  on  parole  from  a  state  penal  institution, 
violates  his  parole  and  is  returned  to  the  institution  for  such 
violation,  the  parole  board  shall  determine  what  part,  if 
any,  of  any  good  conduct  deduction  from  sentence  or  sen- 
tences shall  be  forfeited  as  a  result  of  such  violation,  but  no 
deduction  from  sentence  or  sentences  granted  for  satisfac- 
tory and  diligent  work  shall  be  so  forfeited. 

A  prisoner  in  a  state  penal  institution  who  is  entitled  to  issuance  of 
have  the  term  of  his  imprisonment  reduced  shall  receive  discifM-ge!  °^ 
from  the  commissioner  of  correction  a  certificate  of  dis- 
charge and  shall  be  released  from  the  prison  in  which  he  has 
been  confined,  upon  the  date  which  has  been  determined  by 
such  deductions  from  the  maximum  term  of  his  sentence  or 
sentences,  except  that  any  deduction  for  satisfactory  and 
diligent  performance  of  work  shall  be  determined  only  for 
that  portion  of  the  sentence  or  sentences  during  which  he 
was  actually  confined.  A  prisoner  in  a  county  penal  insti- 
tution who  is  entitled  to  have  the  term  of  his  imprisonment 
reduced  shall  receive  from  the  county  commissioners  or,  in 
Suffolk  county,  the  penal  institutions  commissioner  of  Bos- 
ton, a  certificate  of  discharge  and  shall  be  released  from  the 
prison  in  which  he  has  been  confined,  upon  the  date  which 


494 


Acts,  1954.  — Chap.  567. 


O.  L.  (Ter. 
Ed.),  127, 
5  132,  etc., 
amended. 

Further  duties 
of  parole  board. 


Q.  L.  (Ter. 
Ed.),  127, 
§  135.  etc., 
amended. 

Availability 
of  certain 
records. 


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

Granting  of 

pardons, 

regulated. 


has  been  determined  by  such  deduction  from  the  maximum 
term  of  his  sentence  or  sentences.  A  prisoner  heretofore  or 
hereafter  released  on  parole  from  a  state  penal  institution 
who  has  faithfully  observed  all  the  rules  of  his  parole,  and 
has  not  been  returned  to  prison  for  the  violation  of  his 
parole,  shall  receive  from  the  parole  board  a  certificate  of 
final  discharge  and  release  from  further  supervision  upon  the 
date  which  has  been  determined  by  such  deductions  from 
the  maximum  term  of  his  sentence  or  sentences,  except  that 
any  deductions  for  satisfactory  or  diligent  performance  of 
work  shall  be  determined  only  for  that  portion  of  the  sen- 
tence or  sentences  during  which  he  was  actually  confined; 
provided,  however,  that  when  any  person  serving  a  sentence 
imposed  for  a  violation  of  section  twenty-three  of  chapter 
two  hundred  and  sixty-five  or  for  an  attempt  to  commit  the 
crime  referred  to  in  said  section  twenty-three  is  released  in 
accordance  with  the  provisions  hereof,  he  shall  not  be  given 
any  certificate  of  discharge  hereunder,  but  shall  be  released 
on  parole  and  shall  be  subject  to  the  provisions  of  law  gov- 
erning parole  until  the  expiration  of  the  term  of  imprison- 
ment to  which  he  has  been  sentenced. 

Section  5.  Section  132  of  said  chapter  127,  as  amended 
by  section  3  of  chapter  543  of  the  acts  of  1946,  is  hereby 
further  amended  by  striking  out  the  last  sentence  and 
inserting  in  place  thereof  the  following  sentence:  —  The 
parole  board  shall  also  be  charged  with  the  duty  of  super- 
vising all  prisoners  pardoned  on  parole  conditions,  and  of 
reporting  to  the  governor  violations  by  any  such  prisoner 
of  the  parole  conditions  applicable  to  his  pardon. 

Section  6.  Section  135  of  said  chapter  127,  inserted  by 
section  2  of  chapter  G90  of  the  acts  of  1941,  is  hereby  amended 
by  striking  out  the  last  sentence  and  inserting  in  place  thereof 
the  following  sentence:  —  When  all  such  existing  available 
records  have  been  assembled,  they  shall  be  made  available 
to  the  parole  board  so  as  to  be  readily  accessible  when  the 
parole  or  pardon  of  such  prisoner  is  being  considered. 

Section  7.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  152,  as  most  recently  amended  by 
chapter  25G  of  the  acts  of  1952,  and  inserting  in  place 
thereof  the  following  section:  —  Section  152.  In  a  case  in 
which  the  governor  is  authorized  by  the  constitution  to 
grant  a  pardon,  he  may,  with  the  advice  and  consent  of  the 
council,  and  upon  the  written  petition  of  the  prisoner,  grant 
it,  subject  to  such  conditions,  restrictions  and  limitations  as 
he  considers  proper,  and  he  may  issue  his  warrant  to  all 
proper  officers  to  carry  such  pardon  into  effect.  Such  war- 
rant shall  be  obeyed  and  executed  instead  of  the  sentence 
originally  awarded.  If  a  sentence  to  death  is  imposed  upon 
a  child  under  seventeen  years  of  age,  and  if  before  he  reaches 
the  age  of  seventeen,  the  governor  pardons  such  child  and 
commits  him  to  the  custody  of  the  youth  service  board,  said 
board  shall  assume  control  over  him  subject  to  the  pro- 
visions of  sections  seventeen  to  twenty,  inclusive,  of  chapter 


Acts,  1954. —  Chap.  567.  495 

one  hundred  and  twenty.     Every  such  petition,  in  cases  Parole  board 
where  such  prisoner  was  sentenced  for  a  felony,  shall,  be-  ad visor^y  board 
fore  its  presentation  to  the  governor,  be  filed  with  the  parole  of  pardons. 
board,  acting  as  the  advisory  board  of  pardons,  together 
with  all  statements  and  signatures  appended  thereto,  and 
shall  thereupon  become  a  public  record. 

The  parole  board,  acting  as  the  advisory  board  of  pardons,  Duties  of 
shall  forthwith,  upon  receipt  of  such  petition,  cause  copies  fltog'^Jf^*"^ 
thereof,  together  with  copies  of  all  statements  and  signa-  ^llf^°^^ 
tures  appended  thereto,  to  be  delivered  or  mailed  to  the 
attorney  general,  the  district  attorney  in  whose  district  said 
sentence  was  imposed,  the  chief  of  police  of  the  municipality 
where  the  crime  was  committed,  and  the  commissioner  of 
correction.    Within  not  less  than  two  weeks  and  not  more 
than  six  weeks  from  the  date  of  said  delivery  or  mailing,  the 
parole  board,  acting  as  the  advisory  board  of  pardons,  shall 
transmit  the  original  petition,  together  with  all  statements 
and  signatures  appended  thereto,  to  the  governor,  together 
with  its  written  recommendation  concerning  said  petition. 
The  attorney  general,  district  attorney,  police  chief  and  the  written 


commissioner  of  correction  shall  each  forthwith,  upon  re-  [tonfolT^-' 
ceipt  of  a  copy  of  the  said  petition  from  the  parole  board,  tain  persons. 


cer- 
•so 

acting  as  the  advisory  board  of  pardons,  file  with  the  gov- 
ernor and  with  the  parole  board,  acting  as  the  advisory  board 
of  pardons,  their  respective  written  recommendations  as  to 
whether  or  not  said  pardon  should  be  granted.  Said  recom- 
mendations shall  be  filed  with  the  parole  board,  acting  as 
the  advisory  board  of  pardons,  by  tendering  the  same  in 
person  or  by  mailing  the  same  by  registered  mail,  and  upon 
receipt  thereof  by  the  parole  board,  acting  as  the  advisory 
board  of  pardons,  such  recommendations  and  the  petition 
to  which  they  relate  shall  thereupon  become  a  matter  of 
public  record. 

A  certified  copy  of  the  petition,  together  with  copies  of  all  ^g®^']g^^,Q° 
statements  and  signatures  appended  thereto,  and  all  such  office  of  state 
written  recommendations,  shall  forthwith  be  filed  by  the  secretary. 
parole  board,  acting  as  the  advisory  board  of  pardons,  with,  ^on" hereof? 
and  kept  as  a  permanent  record  in,  the  office  of  the  state  etc. 
secretary,  and  shall  be  open  to  public  inspection  at  any 
reasonable  time  for  a  period  of  ten  years  from  the  date  of 
the  filing  of  such  papers  in  the  office  of  the  state  secretary. 
The  governor,  with  the  advice  and  consent  of  the  council,  issuanceof 
may  at  any  time  revoke  any  pardon  if  he,  with  such  advice  waTrSi°'upon 
and  consent,  determines  that  there  is  a  misstatement  of  a  pa^don.'°°  °^ 
material  fact  knowingly  made  at  the  time  of  the  filing  of  the 
written  petition  of  the  prisoner,  or  that  such  pardon  was 
procured  by  fraud,  concealment  or  misrepresentation,  or  that 
any  provision  of  this  section  has  not  been  complied  with, 
and  upon  such  revocation  the  governor  may  issue  his  war- 
rant to  all  proper  officers  to  take  the  person  so  pardoned 
into  custody  and  return  him  to  the  institution  where  he  was 
imprisoned  at  the  time  of  the  granting  of  the  pardon. 

In  the  case  of  any  person  confined  under  sentence  for  a 


496 


Acts,  1954. —  Chap.  567. 


Public  hear- 
ings In  certain 
cases,  re- 
quired. 

Roll  call  vote. 


Transmittal  to 
general  court 
of  certain 
information. 


"Pardon",  to 
include. 


O.  L.  (Ter. 
Ed.),  127, 
§  164,  etc., 
amended. 

Duties  of 
parole  board 
when  acting 
as  advisory 
board  of 
pardons. 


felony,  no  final  action  or  vote  shall  be  taken  on  such  peti- 
tion until  after  a  public  hearing  has  been  held  by  the  coun- 
cil. Such  hearing  shall  be  held  as  soon  as  practicable  after 
the  filing  of  such  petition  with  the  council.  Any  action 
taken  by  the  council  on  such  petition  shall  be  taken  by  a 
roll  call  vote  of  the  members  present  recording  their  vote 
as  yea  or  nay.  The  presence  of  a  quorum  and  a  vote  of  the 
majority  of  all  members  of  the  council  present  shall  be 
necessary  for  the  approval  or  disapproval  of  a  petition. 
Within  three  days  after  such  vote  in  the  council,  a  certified 
copy  of  such  roll  call  shall  be  filed  with  the  state  secretary 
for  public  inspection. 

Such  warrant  shall  be  obeyed  and  executed  by  the  officers 
to  whom  it  is  issued,  and  the  person  whose  pardon  has  been 
so  revoked  shall  have  the  same  standing  in  the  penal  insti- 
tution to  which  he  is  returned  as  he  would  have  had  if  said 
pardon  had  not  been  granted,  except  that  the  time  during 
which  he  has  been  out  of  said  penal  institution  upon  such 
pardon  shall  not  be  counted  in  determining  the  amount  of 
his  sentence  remaining  to  be  served  upon  such  return  to 
such  institution.  The  governor  shall,  at  the  end  of  each 
calendar  year,  transmit  to  the  general  court,  by  filing  with 
the  clerk  of  either  branch  thereof,  a  list  of  pardons  granted 
with  the  advice  and  consent  of  the  council  during  such  cal- 
endar year,  together  with  the  action  of  the  advisory  board 
of  pardons  concerning  each  such  pardon,  and  together  with 
a  list  of  any  revocations  of  pardons  made  under  this  section. 
The  word  "pardon"  as  used  in  this  section  shall  be  deemed 
to  include  any  exercise  of  the  pardoning  power  except  a 
respite  from  sentence. 

Section  8.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  154,  as  most  recently  amended  by 
section  4  of  chapter  690  of  the  acts  of  1941,  and  inserting 
in  place  thereof  the  following  section:  —  Section  154-  The 
parole  board,  acting  as  the  advisory  board  of  pardons,  shall 
consider  carefully  and  thoroughly  the  merits  of  all  petitions 
for  pardon  or  commutation  of  sentence  filed  with  it  by  the 
governor,  except  petitions  filed  under  the  provisions  of  sec- 
tion one  hundred  and  fifty-two,  and  it  shall  make  to  the 
governor  a  written  report  containing  its  conclusions  and  rec- 
ommendations, and  the  conclusions  and  recommendations 
of  the  attorney  general,  district  attorney,  commissioner  of 
correction,  justice  of  the  district  court,  and  the  chief  of 
police  of  the  municipality  where  the  crime  was  committed, 
as  the  case  may  be.  No  such  report  shall  be  made  without 
the  concurrence  of  a  majority  of  the  members  of  the  board. 
If  in  the  opinion  of  the  board  the  facts  stated  in  such  re- 
port are  such  as  to  cause  undue  or  unmerited  hardship  or 
injury  to  the  petitioner  or  to  other  individuals,  if  made  pub- 
lic, the  portion  of  said  report  containing  such  facts  may  be 
submitted  separately  from  the  conclusions  and  recommenda- 
tions, and  without  pubUcity,  but  in  all  cases  a  statement 
setting  forth  the  crime  or  crimes  for  which  a  pardon  or  com- 


Acts,  1954. —  Chap.  567.  497 

mutation  of  sentence  is  sought,  the  sentence  or  sentences 
received,  and  the  length  of  time  served,  together  with  such 
statement  of  the  conclusions  and  recommendations  of  the 
board,  shall  be  made  public  when  the  report  is  submitted, 
and  a  copy  of  such  statement,  signed  by  each  member  con- 
curring therein  shall  be  retained  in  the  records  of  the  board 
and  shall  be  and  remain  a  matter  of  public  record.  Before 
considering  any  petition  for  pardon  or  commutation  of  sen- 
tence, if  the  conviction  of  the  prisoner  was  had  in  the  su- 
perior court,  the  parole  board,  acting  as  the  advisory  board 
of  pardons,  shall  notify  the  district  attorney,  who  shall  re- 
port the  facts  of  the  case  as  they  appeared  at  the  trial,  or, 
if  the  conviction  was  upon  a  plea  of  guilty,  the  facts  as  he 
understands  them,  the  names  of  all  witnesses  in  the  case, 
and  his  recommendation.  If  the  petitioner  is  serving  a  sen- 
tence in  any  penal  institution  in  the  commonwealth  the  at- 
torney general,  the  commissioner  of  correction  and  the  chief 
of  pohce  shall  also  be  notified  and  shall  submit  to  the  board 
their  respective  recommendations.  If  the  conviction  was 
in  a  district  court  the  justice  thereof  shall  make  to  said  board 
a  similar  report  and  recommendation.  The  attorney  general, 
district  attorney,  justice  or  the  chief  of  police,  as  the  case 
may  be,  shall  be  notified  of  any  hearing  upon  the  petition 
for  pardon  or  commutation  of  sentence,  and  they  or  their 
representatives  may  be  present  at  the  hearing,  examine  the 
petitioner's  witnesses,  and  be  heard.  The  said  board  shall 
not  review  the  proceedings  of  the  trial  court,  and  shall  not 
consider  any  questions  regarding  the  correctness,  regularity 
or  legality  of  such  proceedings,  but  shall  confine  itself  solely 
to  matters  which  properly  bear  upon  the  propriety  of  the 
extension  of  clemency  to  the  petitioner.  Said  board  from 
time  to  time  may  make  rules  relative  to  the  calling  of  meet- 
ings and  to  the  proceedings  thereat.  The  board  or  any  mem- 
bers of  it  may  summon  witnesses  and  administer  oaths  or 
affirmations.  The  fees  of  witnesses  before  the  board  shall 
be  the  same  as  for  witnesses  in  civil  actions  before  the 
courts,  and  shall  be  paid  from  the  appropriation  for  the  ex- 
penses of  the  parole  board. 

Section  9.    Said  chapter  127  is  hereby  further  amended  ^d.^"  mT' 
by  striking  out  section   155,  as  appearing  in  the  Tercen-  §  iss,     ' 
tenary  Edition,  and  inserting  in  place  thereof  the  following  ^®° 
section:  —  Section  155.     If  a  prisoner  who  has  been  par- Arrest  and 
doned  upon  conditions  to  be  observed  and  performed  by  upon  violation 
him  violates  such  conditions,  the  parole  board  shall  forth-  of  pardon, 
with  cause  him  to  be  arrested  and  detained,  and  the  warden, 
superintendent  or  keeper,  respectively,  of  the  institution  in 
which  the  prisoner  was  confined  shall  receive  said  prisoner 
and  cause  him  to  be  detained  until  the  case  can  be  examined 
by  the  governor  and  council ;  and  the  officer  who  makes  the 
arrest  shall  forthwith  give  written  notice  thereof  to  the  gov- 
ernor and  council. 

Section  10.     In  so  far  as  the  provisions  of  this  act  are  certain 
the  same  as  the  provisions  of  law  in  effect  immediately  prior  Ce°considered 


498  Acts,  1954. —  Chap.  568. 

as^conflrma-      ^q  the  effective  date  of  this  act  they  shall  be  construed  as 
^^^'  confirmations  thereof  and  not  as  new  enactments. 

Approved  June  7,  1954. 

Chap.5Q8  ^n  Act  transferring  certain  powers  and  duties  of 

THE    PORT    OF    BOSTON    COMMISSION    TO    THE    DEPARTMENT 
OF   PUBLIC   WORKS. 

JrSbfe7  Whereas,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose  which  is  to  provide  in  part  for  the 
immediate  dredging,  building  of  structures  and  excavating 
within  the  port  of  Boston,  therefore  it  is  hereby  declared  to 
be  an  emergency  law.  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  5  of  chapter  619  of  the  acts  of  1945 
is  hereby  amended  by  adding  at  the  end  the  following  para- 
graph :  — 

Notwithstanding  the  foregoing  provisions,  the  department 
of  public  works,  acting  through  the  division  of  waterways, 
may,  in  accordance  with  such  plans  as  it  may  adopt,  not  in 
conflict  with  the  purposes  and  powers  of  the  Port  of  Boston 
Commission,  excavate  and  dredge  mooring  basins  for  yachts 
and  small  craft,  dredge  channels,  construct  shore  protection, 
remove  wrecks  and  hulks,  issue  licenses  and  permits  for 
fining,  dredging,  building  of  structures  or  excavating  within 
the  port  of  Boston,  as  such  term  is  defined  in  section  two  of 
said  chapter  ninety-one  A  of  the  General  Laws,  provided  no 
such  license  or  permit  shall  be  required  to  be  obtained  by 
the  Port  of  Boston  Commission.  All  the  rights,  powers  and 
duties  on  the  effective  date  of  this  act  pertaining  to  the  Port 
of  Boston  Commission  in  respect  to  the  excavating  and 
dredging  of  mooring  basins  for  yachts  and  small  craft,  dredg- 
ing of  channels,  construction  of  shore  protection,  removal  of 
wrecks  and  hulks,  issuing  of  hcenses  and  permits  for  filling, 
dredging,  building  of  structures  or  excavating  to  others  than 
the  Port  of  Boston  Commission  in  tidewaters  and  in  lands 
under  water  within  said  port  of  Boston  are  hereby  trans- 
ferred to  and  hereafter  shall  be  vested  in  and  exercised  by 
the  department  of  public  works  acting  through  the  division 
of  waterways.  The  said  department  shall  also  assume  and 
take  over  on  behalf  of  the  commonwealth  any  rights,  powers 
and  duties  of  the  Port  of  Boston  Commission  under  any  con- 
tract heretofore  made  for  the  excavating  and  dredging  of 
mooring  basins  for  yachts  and  small  craft,  dredging  of  chan- 
nels, construction  of  shore  protection  and  removal  of  wrecks 
and  hulks  within  said  port  of  Boston. 

Section  2.  Section  6  of  said  chapter  619  is  hereby 
amended  by  inserting  after  the  word  "be",  in  line  12,  the 
words:  — ,  except  that  whenever  such  conduct  is  related  to 
the  excavating  and  dredging  of  mooring  basins  for  yachts 
and  small  craft,  dredging  of  channels,  construction  of  shore 


Acts,  1954. —  Chap.  569.  499 

protection,  removal  of  wrecks  and  hulks,  issuing  of  licenses 
and  permits  for  filling,  dredging,  building  structures  or  ex- 
cavating, it  shall  be  conditioned,  subject  to  the  same  pro- 
cedure of  enforcement  and  penalties,  if  any,  for  non-com- 
pliance upon  Uke  notice  or  submission  to,  the  knowledge, 
satisfaction  or  assent  of,  the  filing  with  or  the  granting  of  a 
license  by  the  department  of  public  works,  as  the  case  may  be. 

Section  3.     Section   16  of  chapter  91   of  the  General  EdnglTie, 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended. 
amended  by  inserting  after  the  word  "harbor",  in  line  5 
and  in  line  7,  in  each  instance,  the  words:  —  or  within  the 
port  of  Boston  as  defined  by  the  provisions  of  section  two 
of  chapter  ninety-one  A. 

Section  4.    Section  eight  of  chapter  ninety-one  A  of  the  o.  l.  (Ter. 
General  Laws  is  hereby  repealed.  repealed^'  ^  *' 

Section  5.  Operations  authorized  to  be  undertaken  by 
the  department  of  public  works  by  section  one  of  this  act 
shall  not  be  subject  to  the  provisions  of  sections  thirty  A  to 
thirty  J,  inclusive,  of  chapter  seven  of  the  General  Laws. 

Section  6.  Any  of  the  permanent  employees  of  the  Port 
of  Boston  Commission  who  are  assigned  to  work  to  come 
under  the  jurisdiction  of  the  department  of  public  works 
may  be  transferred  to  the  service  of  said  department,  and 
all  such  transfers  shall  be  without  impairment  of  their  civil 
service  status  or  of  any  retirement  or  other  rights  to  which 
they  may  be  entitled.  All  such  employees  not  so  transferred 
shall  be  transferred  to  positions  in  the  service  of  the  common- 
wealth of  equal  or  lower  grade,  as  estabhshed  by  the  divi- 
sion of  personnel  and  standardization,  regardless  of  whether 
or  not  the  title  is  similar,  upon  request  of  the  appointing 
authority  of  the  department  to  which  the  employee  is  to 
be  transferred  and  with  the  consent  of  the  employee,  such 
transfer  to  be  without  loss  of  seniority,  retirement  or  other 
rights. 

Section  7.  The  balance  remaining  in  item  8654-25  of 
chapter  six  hundred  and  sixty  of  the  acts  of  nineteen  hun- 
dred and  fifty-three  appropriated  for  the  Port  of  Boston 
Commission  to  carry  out  the  powers  and  duties  which  are 
transferred  to  the  division  of  waterways  in  the  department 
of  pubhc  works  by  this  act  shall  be  immediately  available 
for  expenditure  for  the  same  purpose,  by  said  division  of 
waterways. 

Section  8.  This  act  shall  take  effect  on  July  first  of  the 
current  year.  Approved  June  7,  1954. 


An  Act  limiting  licenses  for  the  sale  of  alcoholic  Chav.5Q9 
beverages  near  schools  and  churches. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  138  of  the  General  Laws  is  hereby  o.  l.  (Ter. 
amended  by  inserting  after  section  16B  the  following  sec-  new'i^ieb. 
tion:  —  Section  16C.     Premises,   except  those  of  an  inn- *^^^'*' 


500 


Acts,  1954. —  Chaps.  570,  571. 


Sale  of  alco- 
holic beverages 
near  schools 
and  churches, 
Ilmitwl. 


Inapplicable 
to  certain 
premises. 


Effective 
date. 


holder,  located  within  five  hundred  feet,  measured  along  pub- 
lic ways,  of  a  church  or  school  shall  not  be  licensed  for  the 
sale  of  alcoholic  beverages ;  but  this  provision  shall  not  apply 
to  the  transfer  of  a  license  from  premises  located  within  the 
said  distance  to  other  premises  located  therein,  if  it  is  trans- 
ferred to  a  location  not  less  remote  from  the  nearest  church 
or  school  than  its  former  location. 

In  this  section  a  church  shall  mean  a  church  or  synagogue 
building  dedicated  to  divine  worship  and  in  regular  use  for 
that  purpose,  but  not  a  chapel  occupying  a  minor  portion  of 
a  building  primarily  devoted  to  other  uses,  and  a  school  shall 
mean  an  elementary  or  secondary  school,  public  or  private, 
giving  not  less  than  the  minimum  instruction  and  training 
required  by  chapter  seventy-one  to  children  of  compulsory 
school  age. 

Section  2.  The  provisions  of  section  sixteen  C  of  chap- 
ter one  hundred  and  thirty-eight  of  the  General  Laws,  in- 
serted by  section  one  of  this  act,  shall  not  apply  to  premises 
which,  prior  to  the  effective  date  of  this  act,  or  prior  to  the 
establishment  of  a  church  or  school  within  five  hundred 
feet  thereof,  were  Hcensed  for  the  sale  of  alcohohc  beverages. 

Section  3.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  fifty-six.        Approved  June  7,  1954- 


Chav. 570  ^  -^'^^  requiring  certain  motor  vehicles  to  be  equipped 
with  suitable  guards  for  the  rear  wheels. 


O.  L.  (Ter. 
Ed.),  90,  S  7, 
amended. 

Splash  guards 
on  certain 
motor  vehi- 
cles, required. 


Effective 
date. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  first  paragraph  of  section  7  of  chapter 
90  of  the  General  Laws  is  hereby  amended  by  adding  at  the 
end  the  following  sentence :  —  Every  motor  vehicle  or 
trailer,  excepting  motor  vehicles  or  trailers  owned  and  op- 
erated by  the  commonwealth  or  its  political  subdivisions 
and  passenger  motor  vehicles,  operated  in  or  upon  any  way 
shall  be  equipped  with  suitable  guards  which  will  effectively 
reduce  the  spray  or  splash  to  the  rear  of  mud,  water  or  slush 
caused  by  the  rear  wheels  thereof. 

Section  2.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  fifty-five.      Approved  June  7,  1954. 


Chap. 571  An    Act    authorizing    the    county    commissioners    of 

BERKSHIRE  COUNTY  AND  THE  CITY  OF  NORTH  ADAMS,  ACT- 
ING JOINTLY,  TO  PROVIDE  ADEQUATE  ACCOMMODATIONS 
AND  FACILITIES  FOR  COURT  AND  POLICE  PURPOSES  IN  THE 
CITY   OF   NORTH   ADAMS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  county  commissioners  of  Berkshire 
county  and  the  city  council  of  North  Adams,  acting  as  a 
joint  committee,  are  hereby  authorized  and  directed  to 
erect  and  equip  a  building  for  the  purpose  of  providing  ade- 
quate housing  accommodations  and  facihties  for  the  dis- 


Acts,  1954.  —  Chap.  571.  501 

trict  court  of  northern  Berkshire  and  for  police  purposes 
for  the  city  of  North  Adams,  and  may  take  by  eminent 
domain  under  chapter  seventy-nine  of  the  General  Laws,  or 
acquire  by  purchase  or  otherwise  any  land  that  may  be 
necessary  for  the  purposes  of  this  act.  For  the  purposes  of 
this  act,  said  joint  committee  is  hereby  authorized  to  incur 
liabilities  and  to  expend  a  sum  not  exceeding  two  hundred 
thousand  dollars,  of  which  sum  forty  per  cent  shall  be  paid 
by  the  county  and  sixty  per  cent  by  the  city. 

Section  2.  For  the  purposes  set  forth  in  section  one,  the 
treasurer  of  said  county,  with  the  approval  of  the  county 
commissioners,  may  borrow  from  time  to  time,  within  a 
period  of  five  years  from  the  passage  of  this  act,  upon  the 
credit  of  the  county,  such  sums  as  may  be  necessary,  not 
exceeding,  in  the  aggregate,  eighty  thousand  dollars  and 
may  issue  bonds  or  notes  of  the  county  therefor  which  shall 
bear  on  their  face  the  words,  Berkshire  County  Court  House 
Loan,  Act  of  1954.  Each  authorized  issue  shall  constitute  a 
separate  loan,  and  such  loans  shall  be  payable  not  more  than 
twenty  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  public  or  private  sale,  upon  such 
terms  and  conditions  as  the  county  commissioners  may  deem 
proper,  but  not  for  less  than  their  par  value.  Indebtedness 
incurred  hereunder  shall,  except  as  herein  provided,  be 
subject  to  chapter  thirty-five  of  the  General  Laws.  The 
county  treasurer,  with  the  approval  of  the  county  com- 
missioners, may  issue  temporary  notes  of  the  county,  pay- 
able in  not  more  than  one  year  from  their  date,  in  an- 
ticipation of  the  issue  of  serial  bonds  or  notes  under  this 
act,  but  the  time  within  which  such  serial  bonds  or  notes 
shall  become  due  and  payable  shall  not,  by  reason  of  such 
temporary  notes,  be  extended  beyond  the  time  fixed  by  this 
act.  Any  notes  issued  in  anticipation  of  the  serial  bonds  or 
notes  shall  be  paid  from  the  proceeds  thereof.  Any  sums 
received  from  the  sale  of  securities  held  in  the  post-war  re- 
habilitation fund  established  by  chapter  five  of  the  acts  of 
nineteen  hundred  and  forty-three,  may  be  appUed  towards 
payments  either  of  the  expenditures  authorized  by  sec- 
tion one  of  this  act  or  of  the  principal  of  the  bonds  or  notes 
hereby  authorized. 

Section  3.  For  the  purpose  of  meeting  its  share  of  the 
costs  as  authorized  by  section  one,  the  city  of  North  Adams 
may  borrow  from  time  to  time  within  a  period  of  five  years 
from  the  passage  of  this  act,  such  sums  as  may  be  necessary, 
not  exceeding  in  the  aggregate  one  hundred  and  twenty 
thousand  dollars  and  may  issue  bonds  or  notes  of  the  city 
therefor  which  shall  bear  on  their  face  the  words,  North 
Adams  Police  Station  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  in  excess  of  the 


502 


Acts,  1954. —  Chap.  572. 


statutory  limit  and  shall,  except  as  approved  herein,  be  sub- 
ject to  chapter  forty-four  of  the  General  Laws,  including  the 
limitation  contained  in  the  first  paragraph  of  section  seven 
thereof. 

Section  4.  For  the  purposes  of  this  act  the  city  treasurer 
of  said  city  shall  act  as  treasurer  of  said  joint  committee 
and  shall  hold  all  funds  and  make  all  disbursements  neces- 
sary to  carry  out  the  provisions  of  this  act. 

Section  5.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year  by  the  county  commis- 
sioners of  Berkshire  county,  and  by  the  city  council  of  North 
Adams,  subject  to  the  provisions  of  its  charter. 

Approved  June  7,  1964. 


O.  L.  (Ter. 
Ed.),  65, 
5  25,  etc., 
amended. 

Determination 
of  value  of 
certain  prop- 
erty of 
deceased 
persons  for 
taxation 
purposes. 


Chap. 57 2  An  Act  relative  to  valuation  and  appraisal  of  prop- 
erty IN  CONNECTION  WITH  THE  TAXATION  OF  LEGACIES 
AND   SUCCESSIONS,   AND  TO   APPEALS  THEREFROM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  65  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  25,  as  most  recently  amended 
by  section  1  of  chapter  494  of  the  acts  of  1939,  and  inserting 
in  place  thereof  the  following  section:  —  Section  25.  The 
value  of  property  upon  which  a  tax  under  this  chapter  is 
to  be  computed  shall  be  determined  by  the  commissioner. 
There  may  be  excluded  from  any  determination  of  vahie  any 
property  on  which  information  satisfactory  to  the  commis- 
sioner has  not  been  furnished  to  him,  or  any  property  in 
which  the  decedent  had  a  vested  interest  coming  into  pos- 
session and  enjoyment  at  a  future  time,  and  with  respect  to 
such  excluded  property  or  any  part  thereof  valuation  shall 
be  made  by  the  commissioner  when  satisfactory  informa- 
tion is  furnished  or  otherwise  becomes  available  to  him,  or 
the  property  comes  into  possession  and  enjoyment,  as  the 
case  may  be.  Notice  of  any  determination  of  value  by  the 
commissioner  under  this  section  shall  be  sent  by  him  by 
registered  mail  to  the  persons  by  whom  the  tax  is  payable, 
and  such  determination  shall  be  final  as  to  all  property 
valued  therein  unless  the  value  so  determined  shall  be  re- 
duced or  altered  as  provided  in  this  section  and  in  section 
twenty-six. 

At  any  time  -unthin  three  months  after  such  determina- 
tion of  value,  any  person  aggrieved  by  such  determination 
may  appeal  to  the  appellate  tax  board.  Said  board  shall 
appraise  such  property  as  has  been  valued  by  the  commis- 
sioner at  its  value  as  of  the  date  of  death  of  the  decedent, 
shall  give  notice  of  its  decision  to  the  commissioner  and  the 
appellant,  and  shall  make  return  thereof  to  the  probate  court. 
Such  return,  when  accepted  by  the  court,  shall  be  final  ex- 
cept that  any  party  aggrieved  by  such  appraisal  shall  have 
an  appeal  on  matters  of  law. 
EdVeT^*^'  Section  2.     Said  chapter  65  is  hereby  further  amended 

§  2'6,'  etc.,         by  striking  out  section  26,  as  most  recently  amended  by 

amended.  jo  j  ./  ./ 


Appeal. 


Acts,  1954.  — Chap.  573.  503 

section  89  of  chapter  654  of  the  acts  of  1953,  and  inserting 
in  place  thereof  the  following  section;  —  Section  26.  At  commission 
any  time  within  one  month  after  the  date  of  giving  of  notice  determinations 
of  anj'-  determination  of  value  by  the  commissioner  under  "fj^j!^®  1°  , 
section  twenty-five,  any  person  aggrieved  by  said  determina- 
tion may  request  the  state  tax  commission  to  alter  such  de- 
termination. If  the  commission  alters  or  refuses  to  alter  the 
commissioner's  determination,  it  shall  notify  the  commis- 
sioner in  hand  and  the  aggrieved  person  by  mail.  Failure 
of  the  commission  to  take  action  within  two  months  from 
the  receipt  by  it  of  such  written  request  shall  be  deemed  a 
refusal  of  the  commission  to  alter  the  commissioner's  de- 
termination. At  any  time  within  two  months  after  the  mail- 
ing of  such  notice,  or  if  no  action  is  taken  within  two  months 
after  the  time  when  such  request  is  deemed  to  be  refused, 
any  person  aggrieved  by  such  alteration  or  refusal  to  alter 
may  appeal  to  the  appellate  tax  board.  Said  board  shall 
appraise  such  property  as  has  been  valued  by  the  commis- 
sioner at  its  value  as  of  the  date  of  death  of  the  decedent, 
shall  give  notice  of  its  decision  to  the  commission  and  the 
appellant,  and  shall  make  return  thereof  to  the  probate 
court.  Such  return,  when  accepted  by  the  court,  shall  be 
final  except  that  any  party  aggrieved  by  such  appraisal 
shall  have  an  appeal  on  matters  of  law. 

In  all  proceedings  before  the  appellate  tax  board,  or  in  the 
probate  court  under  section  twenty-five  and  under  this  sec- 
tion, the  commissioner  or  the  commission,  as  the  case  may 
be,  shall  receive  notice  thereof  and  may  be  heard. 

Approved  June  7,  1954- 

An  Act  relative  to  overtime  service  by  police  officers  (Jfidr)  573 
OF  certain  cities  and  towns. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  41  of  the  General  Laws  is  hereby  o.  l.  (Ter. 
amended  by  striking  out  section  lllH,  inserted  by  chapter  ftiinlw., 
293  of  the  acts  of  1953,  and  inserting  in  place  thereof  the  amended. 
following   section:  —  Section  11 IH.      Notwithstanding   the  overtime 
provisions  of  any  general  or  special  law  to  the  contrary,  any  certX  police 
police  officer  of  a  city  or  town  who  is  required  to  perform  ^^^^'^^'  ^^^' 
any  service  beyond  his  regular  estabhshed  hours  of  service 
on  primary  day,  on  election  day,  on  the  thirty-first  daj''  of 
October  or  at  any  parade  or  race  or  at  any  public  celebra- 
tion or  while  police  Usting,  shall  be  compensated  for  such 
additional  hours  of  service  at  the  rate  per  hour  of  his  regular 
compensation.    This  section  shall  take  effect  in  a  city  having 
a  Plan  E  charter  when  accepted  by  the  affirmative  vote  of 
a  majority  of  the  city  council,  and  in  the  case  of  other  cities 
by  vote  of  the  council,  subject  to  the  provisions  of  its  char- 
ter, and  in  a  town  by  a  majority  vote  at  an  annual  town 
meeting.    The  rate  per  hour  of  his  regular  compensation  re- 
ferred to  in  this  section  shall  be  based  on  the  number  of  hours 
worked  in  an  average  week. 


504 


Acts,  1954. —  Chaps.  574,  575. 


Section  2.  This  act  shall  take  effect  in  a  city  having  a 
Plan  E  charter  when  accepted  by  the  affirmative  vote  of  a 
majority  of  the  city  council,  and  in  the  case  of  other  cities 
by  vote  of  the  council,  subject  to  the  provisions  of  its  charter, 
and  in  a  town  by  a  majority  vote  at  an  annual  town  meeting. 

Approved  June  7,  1954. 


O.  L.  (Ter. 
Ed.),  138, 
§  67,  etc.. 
amended. 


Powers  and 
duties  of  the 
alcoholic 
beverages 
control  com- 
mission on 
appeals. 


Chap. 574  An  Act  relative  to  appeals  to  the  alcoholic  beverages 

CONTROL    COMMISSION    FROM    THE    ACTIONS    OF    LOCAL    LI- 
CENSING  AUTHORITIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  67  of  chapter  138  of  the  General  Laws,  as  most  re- 
cently amended  by  chapter  672  of  the  acts  of  1953,  is  hereby 
further  amended  by  striking  out  the  last  two  paragraphs  and 
inserting  in  place  thereof  the  following  three  paragraphs :  — 

If  the  local  licensing  authorities  fail  to  suspend,  revoke, 
cancel  or  declare  forfeited  a  license  or  to  perform  any  other 
disciphnary  act  when  lawfully  ordered  so  to  do  by  the  com- 
mission upon  appeal  or  otherwise,  within  such  reasonable 
time  as  it  may  prescribe,  the  commission  may  itself  revoke 
such  hcense  or  perform  such  act,  with  the  same  force  and 
effect  as  if  issued  or  performed  by  the  local  licensing  author- 
ities, but  no  license  shall  be  issued  by  the  commission  except 
in  ratification  of  a  prior  issuance  to  the  same  party  by  the 
local  authorities.  In  case  said  local  authorities  are  unwill- 
ing to  issue  a  license  to  anj'-  of  the  applicants  before  it,  then 
such  issuance  shall  be  withheld  pending  further  applications, 
and  no  application  by  the  same  applicant  to  be  exercised  on 
the  same  premises  shall  be  received  within  one  year  of  the 
date  of  his  last  prior  application. 

Hearings  by  the  commission  on  appeals  as  required  by 
the  provisions  of  this  section  may  be  held  in  the  discretion 
of  the  commission  when  required  by  public  convenience  or 
shall  be  held  upon  written  request  of  twenty-five  persons  who 
are  taxpayers  of  the  city  or  town  in  which  the  license  is  in- 
tended to  be  exercised,  in  the  nearest  of  the  following  cities 
or  towns  to  the  city  or  town  in  which  the  license  is  intended 
to  be  exercised:  —  Pittsfield,  Greenfield,  Springfield,  Worces- 
ter, Fitchburg,  Boston,  Barnstable,  New  Bedford,  Brockton, 
Lowell  or  Salem. 

Upon  the  receipt  of  such  appeal  the  commission  shall 
forthwith  notify  the  local  hcensing  authorities  thereof  by 
mailing  registered  mail  and  said  request  shall  be  made  within 
ten  days  of  such  mailing.  Approved  June  7,  1954- 


Chap.575  An  Act  authorizing  the  port  of  boston  commission 

TO  ENTER  INTO  A  LEASE  OF  THE  ARMY  BASE  FROM  THE 
UNITED  STATES  OF  AMERICA. 

Be  it  enacted,  etc.,  as  folio los: 

Section  1.     The  Port  of  Boston  Commission  is  hereby 
authorized  to  lease  from  the  United  States  of  America, 


Acts,  1954. —  Chap.  576.  505 

upon  such  terms  and  conditions  as  it  deems  adequate,  the 
entire  pier  and  other  areas  including  part  or  all  of  the  ware- 
house facilities  and  railroad  sidings  upon  the  premises  lo- 
cated in  South  Boston  and  commonly  known  as  the  Army 
Base,  together  with  such  easements  and  rights  of  way,  in 
common  with  others  entitled  to  the  use  thereof,  as  will  pro- 
vide adequate  and  ready  means  of  access  to  the  said  pier, 
warehouse  faciUties  and  railroad  sidings. 

Section  2.  To  provide  for  repair  and  rehabilitation  work 
of  the  pier  and  other  facilities  to  be  leased  by  the  authority 
granted  in  section  one,  the  cost  of  at  least  nine  tenths  of 
which  is  to  be  borne  by  the  United  States  of  America  and 
the  cost  of  not  more  than  one  tenth  of  which  is  to  be  borne 
by  the  lessee,  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 
one  hundred  thousand  dollars.  All  bonds  issued  by  the 
commonwealth  as  aforesaid  shall  be  designated  on  their 
face.  Port  of  Boston  Improvement  Loan,  1954  and  shall  be 
on  the  serial  payment  plan  for  such  maximum  term  of  years, 
not  exceeding  twenty  years,  as  the  governor  may  recom- 
mend to  the  general  court  pursuant  to  section  3  of  Article 
LXII  of  the  Amendments  to  the  constitution  of  the  com- 
monwealth, the  maturities  thereof  to  be  so  arranged  that 
the  amounts  payable  in  the  several  years  other  than  the  final 
year  shall  be  as  nearly  equal  as  in  the  opinion  of  the  state 
treasurer  it  is  practicable  to  make  them.  Said  bonds  shall 
bear  interest  semi-annually  at  such  rate  as  the  state  treas- 
urer, with  the  approval  of  the  governor,  shall  fix.  The 
initial  maturities  of  such  bonds  shall  be  payable  not  later 
than  one  year  from  the  date  of  issue  thereof  and  the  entire 
issue  not  later  than  June  thirtieth,  nineteen  hundred  and 
seventy-five.  Approved  June  7,  1954- 

An  Act  authorizing  the  merger  of  certain  associa-  Chap. 57 Q 

TIONS   OR   trusts   WITH    STREET    RAILWAY    COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  161  of  the  General  Laws  is  hereby  amended  by  o.  l.  (Ter. 
inserting  after  section  69,  as  appearing  in  the  Tercentenary  new^'j^g^J^ 
Edition,   the  following  section:  —  Section  69 A.     An  asso- added. 
ciation  or  trust  which  owns  all  of  the  capital  stock  of  a  com-  ^Irg^e^s  in- 
pany  may  be  merged  into  such  company.     Such  company  voiving  street 
and  such  association  or  trust  shall  enter  into  an  agreement  comp^es, 
in  writing  which  shall  prescribe  the  terms  of  the  merger,  authorized. 
Such  agreement  shall  be  approved  by  unanimous  vote  of 
each  class  of  stock  of  said  company  at  a  meeting  called  for 
the  purpose  and  for  which  notice  of  meeting  is  waived.    Such 
agreement  shall  be  approved  by  affirmative  vote  by  such 
association  or  trust  in  the  manner  provided  in  the  written 


506  Acts,  1954.  — Chap.  577. 

instrument  or  declaration  of  trust  under  which  such  asso- 
ciation or  trust  was  formed  or  is  regulated.  Within  thirty- 
days  after  the  meeting  at  which  such  merger  has  been  voted, 
articles  of  amendment  setting  forth  (1)  said  vote,  (2)  a  copy 
of  the  agreement  for  said  merger,  and  (3)  a  certificate  that 
all  of  the  stock  of  the  company  is  owned  by  the  association 
or  trust  certified  by  the  president,  treasurer  and  a  majority 
of  the  directors  of  the  company  and  by  the  persons  author- 
ized to  execute  said  agreement  for  the  association  or  trust 
shall  be  submitted  to  the  department  for  approval.  Within 
thirty  days  after  such  approval,  the  documents  filed  with 
the  department,  together  with  a  certified  copy  of  the  order 
of  the  department  approving  the  proposed  merger  shall  be 
filed  with  the  state  secretary  accompanied  by  a  fee  of  twenty- 
Duty  of  state  five  dollars.  The  state  secretary  shall  examine  such  articles 
secre  ary.  ^^  amendment  and,  if  he  finds  that  they  conform  to  the  pro- 
visions of  the  law  relative  to  the  merger  of  companies  and 
associations  or  trusts,  he  shall  so  certify  and  endorse  bis 
approval  thereon.  No  merger  shall  take  effect  until  the 
articles  of  amendment  have  been  filed  as  aforesaid.  Upon 
the  filing  of  such  articles,  all  of  the  property,  real,  personal 
and  mixed  of  the  merged  association  or  trust  shall  vest  in 
and  be  held  and  owned  by  the  company  as  the  same  were 
before  held  and  owned  by  the  merged  association  or  trust. 

Approved  June  7,  1954- 

Chav.577  An   Act  relative  to  the   adulterating,   misbranding 

AND  SALE  OF  HARMFUL  DRUGS. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  SECTION  1.     Scctiou   187  of  chapter  94  of  the  General 

§  187,  etc.,        Laws,  as  amended  by  section  2  of  chapter  598  of  the  acts  of 
amended.  1948,  is  hereby  further  amended  by  striking  out  the  para- 

graph in  lines  65  to  67,  inclusive,  and  inserting  in  place 
thereof  the  following  paragraph:  — 
Dispensing  The  labeling  provisions  of  this  section  shall  not  apply  to 

regulated.         the  Compounding  and  dispensing  of  drugs  on  the  oral  or 
written  prescription,  as  hereinafter  defined,  of  a  physician, 
dentist  or  veterinarian, 
o.  L.  (Ter.  Sectton  2.     Said  section  187  of  said  chapter  94,  as  so 

§  iHi^eic,       amended,  is  hereby  further  amended  by  adding  at  the  end 
r^.^,.  the  following:-  ,,..,. 

For  the  purposes  of  this  section  and  section  one  hun- 
dred and  eighty-seven  A,  the  following  terms  shall  have  the 
following  meanings:  — 
Definitions.  "Oral   prescription",    that   prescription   of   a   ph)'-sician, 

dentist  or  veterinarian  which  has  been  verbally  trans- 
mitted to  a  pharmacist  by  said  physician,  dentist  or  vet- 
erinarian or  his  expressly  authorized  representative  and 
immediately  recorded  by  said  pharmacist  on  a  regular  pre- 
scription form,  and  which  contains  the  name  and  address 
of  the  prescriber,  and  the  name  of  the  expressly  authorized 
representative,   if  any,   the  date  of  the  prescription,   the 


Acts,  1954.  — Chap.  577.  507 

name  and  amount  of  the  drug  prescribed,  the  serial  number 
given  to  the  prescription  by  the  pharmacist  dispensing  the 
same,  the  name  of  the  pharmacist  receiving  the  prescription, 
the  name  of  the  patient  unless  a  veterinary  prescription,  the 
directions  for  use  and  any  cautionary  statements  if  stated 
in  the  prescription,  and  the  number  of  times  to  be  refilled. 

"Written  prescription",  that  prescription  which  has  been 
issued  by  a  physician,  dentist  or  veterinarian  and  bears 
the  signature  and  address  of  the  prescriber,  the  date  of  the 
prescription,  the  name  and  the  amount  of  the  drug  pre- 
scribed, the  name  of  the  patient,  directions  for  use,  the  num- 
ber of  times  to  be  refilled,  and  any  cautionary  statements 
needed. 

"Pharmacist",  a  person  duly  registered  under  chapter 
one  hundred  and  twelve  and  actively  engaged  as  a  prac- 
titioner or  employed  in  an  established  and  licensed  place  of 
business  for  the  sale,  compounding  and  dispensing  of  drugs. 

Section  3.     Said   chapter   94   of   the   General   Laws  is  o.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  187A,  in-  flsTAfetc, 
serted  by  section  3  of  said  chapter  598,  and  inserting  in  place  amended. 
thereof  the  following  section:  —  Section  187 A.    For  the  pur-  "Harmful 
poses  of  this  section,  the  term  "harmful  drug"  shall  mean  ^''^"^^®™ 
and  include  any  and  all  drugs  upon  which  the  manufacturer 
or  distributor  has,  in  compliance  with  federal  law  and  regu- 
lations, placed  the  following:  —  "Caution  —  Federal  law  pro- 
hibits dispensing  without  prescription." 

No  person  shall  sell  or  offer  for  sale  at  retail  or  dispense  saieofharm- 
or  give  away  any  harmful  drug  to  any  person  other  than  a  [gguiatld. 
physician,  dentist  or  veterinarian,  except  upon  oral  or 
written  prescription  of  a  physician,  dentist  or  veterinarian 
or  his  expressly  authorized  representative.  No  such  oral 
or  written  prescription  for  a  harmful  drug  shall  be  refilled 
unless  the  original  prescription  provides  for  such  refilling  or 
unless  such  refilling  is  authorized  by  the  prescriber. 

Whenever  a  physician,  dentist  or  veterinarian  prescribes 
a  harmful  drug  by  an  oral  prescription,  the  physician,  den- 
tist or  veterinarian  shall  within  a  period  of  not  more  than 
seven  days  thereafter  deliver  a  written  prescription  to  the 
pharmacist  to  whom  said  oral  prescription  was  transmitted. 
Any  physician,  dentist  or  veterinarian  who  violates  this  pro-  penalty, 
vision  shall  be  punished  by  a  fine  of  not  more  than  twenty- 
five  dollars  for  each  violation. 

No  person  shall  dispense  any  drug  upon  an  oral  or  written 
prescription  in  a  container  which  does  not  bear  a  label  which 
gives  the  name  and  address  of  the  druggist,  the  serial  num- 
ber of  the  prescription,  the  date  of  the  filling  of  the  pre- 
scription, the  name  of  the  prescriber,  the  name  of  the  pa- 
tient unless  a  veterinary  prescription,  the  directions  for  use 
and  cautionary  statements  if  any  stated  in  the  prescription. 

No  manufacturer,  wholesaler,  jobber  or  dealer  in  drugs 
other  than  a  retail  pharmacist  shall  sell  or  offer  for  sale  a 
harmful  drug  unless  the  container  bears  a  label  securely 
attached  thereto  stating  conspicuously  in^printed  words  the 


508 


Acts,  1954. —  Chap.  578. 


Section  not 
applicable  to 
certain  sales. 


Penalties. 


Enforcement 
of  act. 


Effective  date 
of  certain 
penalty. 


common  or  usual  name  of  the  harmful  drug  and  the  quantity 
or  proportion  thereof,  and  no  such  manufacturer,  whole- 
saler, jobber  or  dealer  in  drugs  shall  sell,  offer  for  sale,  or 
deliver  any  such  harmful  drug  except  to  a  Ucensed  drug  whole- 
saler, licensed  hospital  or  sanitarium,  governmental  hos- 
pital or  sanitarium,  licensed  clinic,  pharmacist,  registered 
physician,  dentist  or  veterinarian,  superintendent  or  official 
in  immediate  charge  of  a  college  or  scientific  institution. 

A  physician,  dentist  or  veterinarian  may  personally  ad- 
minister any  harmful  drug  at  such  time  and  under  such  cir- 
cumstances as  he,  in  good  faith  and  in  the  legitimate  prac- 
tice of  medicine,  believes  to  be  necessary  for  the  alleviation 
of  pain  and  suffering  or  for  the  treatment  or  alleviation  of 
disease. 

This  section  shall  not  apply  to  the  sale  or  dispensing  of 
any  harmful  drug  known  to  be  generally  used  in  the  treat- 
ment of  poultry  or  of  animals  other  than  man,  either  alone  or 
in  combination  with  feeding  materials  or  other  ingredients, 
provided  such  drug  is  sold  in  good  faith  for  the  treatment  of 
poultry  or  animals  other  than  man,  and  bears  a  label  stat- 
ing that  it  is  to  be  used  for  such  purposes  only. 

Nothing  in  this  section  shall  be  construed  to  reheve  any 
person  from  any  requirement  prescribed  by  or  under  au- 
thority of  any  law^  with  respect  to  narcotic  drugs  as  pro- 
vided by  sections  one  hundred  and  ninety-seven  to  two  hun- 
dred and  seventeen,  inclusive. 

Except  as  otherwise  provided  herein,  whoever  violates  any 
provision  of  this  section  or  any  rule  or  regulation  author- 
ized hereunder  shall  be  punished  by  a  fine  of  not  more  than 
one  thousand  dollars,  or  by  imprisonment  in  jail  or  house 
of  correction  for  not  more  than  one  year,  or  both. 

The  department  of  public  health  and  the  board  of  regis- 
tration in  pharmacy  shall  enforce  the  provisions  of  this  sec- 
tion, and  said  department  and  said  board,  acting  jointly, 
may  make  such  rules  and  regulations  as  they  deem  necessary 
for  the  proper  enforcement  thereof. 

Section  4.  The  penalty  prescribed  in  the  third  para- 
graph of  section  one  hundred  and  eighty-seven  A  of  chap- 
ter ninety-four  of  the  General  Laws,  as  appearing  in  sec- 
tion three  of  this  act,  for  a  violation  of  said  paragraph  shall 
not  become  effective  until  January  first,  nineteen  hundred 
and  fifty-six.  Approved  June  7,  1954. 


Chap. 57 8  An  Act  establishing  a  division  on  the  employment 

OF    THE    AGING    IN    THE    DEPARTMENT    OF    LABOR    AND    IN- 
DUSTRIES. 

Be  it  enacted,  etc.,  as  follows: 

EdV M*"'  Section  1.    Section  3  of  chapter  23  of  the  General  Laws 

§  3',  etc.,'  is  hereby  amended  bv  striking  out  the  third  sentence,  as 

'^'°^''^-         amended  by  section  4  of  chapter  490  of  the  acts  of  1941, 

and  inserting  in  place  thereof  the  following  sentence:  —  He 


Acts,  1954. —  Chap.  578.  509 

shall  organize  in  the  department  a  division  of  standards,  a  Division  on  f.he 
division  on  the  necessaries  of  life,  a  division  of  occupational  o™the^™g, 
hygiene,  a  division  on  the  employment  of  the  aging  under  established.' 
the  direct  supervision  of  the  assistant  commissioner,  and 
such  other  divisions  as  he  may  from  time  to  time  determine. 

Section  2.     Said  chapter  23  is  hereby  further  amended  EdVw^new 
by  inserting  after  section  IIL,  inserted  by  section  2  of  chap-  §§'iiM-iio, 
ter  707  of  the  acts  of  1941,  the  following  three  sections:  —  ^^^®^- 
Section  IIM.     The  commissioner  shall  establish  in  the  de-  councu  on  the 
partment  a  council  on  the  employment  of  the  aging  con-  on'he^^g, 
sisting  of  nine  members,  seven  of  whom  shall  be  appointed  established.' 
by  the  commissioner  with  the  approval  of  the  governor  and 
council  as  follows:  —  two  to  represent  employees,  two  to 
represent  employers,   two  to  represent  qualified  organiza- 
tions engaged  in  social  work,  and  one  to  represent  the  pub- 
lic, who  shall  be  the  chairman.    The  assistant  commissioner  Membership, 
of  labor  and  industries,  the  director  of  employment  security  ^j^™^  °[p 
or  his  authorized  representative  and  the  chairman  of  the 
Massachusetts  commission  against  discrimination  shall  be 
members  ex  oflEicio.    The  council,  by  a  majority  vote,  may 
designate  one  of  the  council  members,  other  than  the  chair- 
man, as  a  vice  chairman  to  aid  in  the  absence  or  inability 
of  the  chairman.    The  term  of  office  of  each  member  of  the 
council  shall  be  three  years;  provided,  however,  that  of  the 
members  first  appointed  two  shall  be  appointed  for  a  term 
of  one  year,  two  for  a  term  of  two  years,  and  three  for  a 
term  of  three  years.    Any  member  chosen  to  fill  a  vacancy 
occurring  otherwise  than  by  the  expiration  of  his  term  shall 
be  appointed  for  the  unexpired  term  of  the  member  whom 
he  succeeds. 

Five  members  of  the  council  shall  constitute  a  quorum. 
A  single  vacancy  in  the  council  shall  not  impair  the  right  of 
the  remaining  members  to  exercise  all  the  powers  of  the 
commission. 

The  council  shall  meet  as  often  as  it  deems  necessary  in 
order  to  perform  its  duties,  and  its  members  shall  receive 
their  traveling  and  other  expenses  necessarily  incurred  in 
the  performance  of  their  duties.  The  commissioner  shall 
provide  for  the  council  suitable  quarters  and  such  clerical, 
secretarial,  administrative  or  other  service  and  assistance  as 
the  council  may  deem  necessary. 

Section  UN.     The  council,  in  co-operation  with  the  as-  Duties  of 
sistant  commissioner,  shall  —  council. 

1.  Develop  through  research  and  education  a  program  to 
eliminate  age  as  a  barrier  to  employment. 

2.  Institute  a  program  to  encourage  employers  to  hire 
the  aging. 

3.  Compile  for  industry  a  list  of  jobs  for  which  the  aging 
have  been  found  particularly  suitable. 

4.  Conduct  studies  on  utilization  of  aging  manpower  in 
industry. 

5.  Develop  a  sound  program  for  expanding  the  work  of 
the  aging  at  home  and  in  sheltered  workshops. 


510 


Acts,  1954.  — Chap.  579. 


Duties  of 
assistant 
commissioner 
of  labor  and 
industries. 


6.  Develop  a  sound  program  in  the  rehabilitation  and 
training  of  the  aging. 

7.  Develop  a  sound  program  for  the  community  employ- 
ment of  the  aging. 

8.  Help  to  prepare  the  aging  for  retirement. 

9.  Recommend  to  the  general  court  such  legislation  as  it 
deems  advisable  for  the  employment  of  the  aging. 

In  the  performance  of  these  duties  the  council  shall  not  be 
bound  by  any  arbitrary  age  limit,  but  shall  use  its  discretion 
in  preparing  workers  in  general  against  the  advance  of  age. 

Section  110.  The  assistant  commissioner  shall  be  the 
administrative  head  of  the  division,  and  shall  appoint  and 
remove,  subject  to  the  provisions  of  chapter  thirty-one,  such 
employees  and  technical  experts  as  he  deems  necessar3'  for 
the  efficient  administration  of  the  work  of  the  office.  He 
shall  advise  and  co-operate  with  employer  and  employee 
organizations  and  with  private  social  work  organizations 
and  governmental  departments  on  all  matters  relating  to 
the  rehahiUtation  and  employment  of  the  aging,  and  shall 
perform  such  other  duties  as  may  be  necessary  to  carry  out 
the  provisions  of  sections  eleven  M  to  eleven  O,  inclusive. 

Approved  June  7,  1954' 


Chap. 579  An  Act  providing  for  the  dredging  and  improvement 

BY  THE  DEPARTMENT  OF  PUBLIC  WORKS  OF  CERTAIN 
BROOKS  IN  THE  TOWNS  OF  BEDFORD  AND  LEXINGTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works  is  hereby 
authorized  and  directed  to  dredge  Elm  brook  in  the  town  of 
Bedford  and  Kiln  brook  in  the  towns  of  Bedford  and  Lex- 
ington, or  to  make  such  other  improvements  as  may  be 
necessary  to  provide  for  the  unobstructed  passage  of  the 
waters  thereof  and  for  the  prevention  of  flowage  of  lands 
adjacent  thereto.  For  said  purposes,  said  department  may 
expend  such  sums  as  may  be  appropriated  therefor. 

Section  2.  For  the  purposes  of  section  one  of  this  act, 
the  department  of  public  works  may  use  the  unexpended 
balance  of  item  2220-27  of  section  two  of  chapter  eight 
hundred  and  six  of  the  acts  of  nineteen  hundred  and  fifty- 
one,  and  item  2220-27  of  section  two  of  chapter  four  hun- 
dred and  eighty-nine  of  the  acts  of  nineteen  hundred  and 
fifty-three;  provided,  however,  that  said  department  shall 
assume  liability  for  all  damages  in  connection  with  the  Kiln 
brook  project. 

Section  3.  The  third  paragraph  of  chapter  29  of  the 
resolves  of  1951  is  hereby  amended  by  striking  out,  in  lines 
3  and  4,  the  words  "and  Kiln  brook  in  the  towns  of  Bedford 
and  Lexington",  —  and  by  striking  out,  in  Hne  8,  the  words 
"in  which  the  project  lies",  —  so  as  to  read  as  follows:  — 

Resolved,  That  said  department,  subject  to  appropriation, 
is  hereby  further  authorized  and  directed  to  dredge  Hart- 


Acts,  1954. —  Chap.  580.  511 

well  brook  in  the  town  of  Bedford,  and  to  make  such  other 
improvements  as  may  be  necessary  to  provide  for  the  un- 
obstructed passage  of  waters  thereof  and  for  the  preven- 
tion of  flowage  of  lands  adjacent  thereto,  subject  to  the  con- 
ditions that  the  municipality  shall  have  assumed  liability, 
in  the  manner  provided  by  section  twenty-nine  of  chapter 
ninety-one  of  the  General  Laws  for  all  damages  that  may 
be  incurred  under  said  project,  and  has  given  to  said  de- 
partment of  public  works  satisfactory  assurances  that  con- 
ditions imposed  upon  such  municipality  with  respect  to 
such  project  shall  be  met,  and  to  make  needed  repairs  to 
the  stores  building,  so  called,  at  the  State  Fish  Pier  in 
Gloucester  harbor.  Approved  June  7,  IGSJj.. 


An  Act  providing  additional  funds  to  cover  the  cost 
of  sewerage  works  within  the  south  metropolitan 
sewerage  district. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  carrying  out  the  con- 
struction authorized  by  chapter  five  hundred  and  twenty- 
seven  of  the  acts  of  nineteen  hundred  and  fifty-one  and 
chapter  six  hundred  and  forty-two  of  the  acts  of  nineteen 
hundred  and  fifty-three,  the  metropolitan  district  commis- 
sion may  expend  in  addition  to  the  amounts  authorized  by 
said  chapters  a  sum  not  exceeding  five  hundred  and  fifty 
thousand  dollars. 

Section  2.  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  common- 
wealth registered  or  with  interest  coupons  attached  as  he 
may  deem  best  to  an  amount  not  exceeding  five  hundred  and 
fifty  thousand  dollars  in  addition  to  the  amount  of  such 
bonds  heretofore  authorized  by  said  chapter  five  hundred 
and  twenty-seven  of  the  acts  of  nineteen  hundred  and  fifty- 
one  and  chapter  six  hundred  and  forty-two  of  the  acts  of 
nineteen  hundred  and  fifty-three.  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 
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  3.  The  interest  and  serial  bond  requirements 
on  account  of  the  moneys  expended  for  the  south  metro- 
politan sewerage  system  provided  for  under  this  act  and  the 
cost  of  maintenance  and  operation  thereof  and  such  other 
expenses  as  may  be  authorized  hereunder  shall  be  deemed 


Chap.6S0 


512 


Acts,  1954.  —  Chaps.  581,  582. 


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  manner  provided 
by  the  provisions  of  chapter  ninety-two  of  the  General 
Laws,  relative  to  such  system.         Approved  June  7,  1964. 


Chap. 581  An  Act  abolishing  the  commission  on  alcoholism  and 

TRANSFERRING   ITS   POWERS   AND    DUTIES   TO   THE    DEPART- 
MENT  OF   PUBLIC   HEALTH. 


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


O.  L.  (Ter. 
Ed.),  6, 
§  63,  etc., 
repealed. 


O.  L.  (Ter. 
Ed.),  Ill, 
§  4A,  etc., 
amended. 

Department  of 
public  health 
to  study- 
problem  of 
alcoholism. 


Transfer  of 
personnel. 


Expenditure  of 
certain  sums, 
permitted. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  17  of  chapter  6  of  the  General  Laws 
is  hereby  amended  by  striking  out,  in  Une  14,  as  appearing 
in  section  1  of  chapter  608  of  the  acts  of  1953,  the  words 
",  the  commission  on  alcoholism". 

Section  2.  Section  sixty-three  of  said  chapter  six,  in- 
serted by  section  two  of  chapter  five  hundred  and  thirteen 
of  the  acts  of  nineteen  hundred  and  forty-seven,  is  hereby 
repealed,  and  the  heading  preceding  said  section  is  hereby 
stricken  out. 

Section  3.  The  first  paragraph  of  section  4 A  of  chapter 
111  of  the  General  Laws,  as  appearing  in  chapter  800  of  the 
acts  of  1950,  is  hereby  amended  by  adding  at  the  end  the 
following  two  sentences:  —  The  department  may  require  of 
any  department,  commission,  board  or  officer  of  the  com- 
monwealth which  has  or  can  obtain  information  regarding 
methods  for  treating  alcoholism  and  regarding  other  factors 
relating  to  the  problem  of  alcohohsm  in  the  commonwealth, 
such  assistance  as  may  be  helpful  to  it.  The  department 
shall  report  annually  to  the  general  court  and  the  governor 
its  findings  and  recommendations  regarding  such  problem. 

Section  4.  The  secretary  of  the  commission  on  alcoholism 
holding  office  inamediately  prior  to  the  effective  date  of  this 
act,  and  any  other  person  then  employed  on  a  full-time  basis 
by  the  said  commission,  are  each  hereby  transferred  to  the 
service  of  the  department  of  pubUc  health  without  reduction 
in  salary,  impairment  of  status  or  loss  of  seniority,  retire- 
ment or  other  rights. 

Section  5.  Funds  available  for  expenditure  by  the  com- 
mission on  alcoholism  shall  be  available  on  the  effective 
date  of  this  act  for  expenditure  by  the  department  of  pub- 
lic health  for  the  purposes  of  this  act. 

Approved  June  7,  1954- 


Chap. 582  An  Act  authorizing  the  court  to  waive  the  payment 

BY    destitute    persons    OF    CERTAIN    ENTRY    FEES. 

Be  it  enacted,  etc.,  as  follows: 

Ed^,'262'^*  ^^^  sixth  paragraph  of  section  4  of  chapter  262  of  the 

§  4,  etc.. '         General  Laws,  as  most  recently  amended  by  chapter  632  of 

amended. 


Acts,  1954.  —  Chaps.  583,  584.  513 

the  acts  of  1953,  is  hereby  further  amended  by  adding  at 
the  end  the  following: — ;    provided,  however,   that  the  waiiverjt^ 
court  may,  if  it  finds  that  the  entering  party  is  destitute  certain^cases, 
and  unable  to  pay,  order  the  payment  of  such  entry  fee  to  authorized. 
be  waived.  Approved  June  7,  1954. 

An  Act  authorizing  the  city  of  lowell  to  provide  Chap.5SS 

BOARD,  LODGING  AND  INCIDENTALS  FOR  ITS  ATHLETIC 
TEAMS,  COACHES  AND  SUPERVISORS  WHEN  SUCH  TEAMS 
ARE  ENGAGED  IN  CONTESTS  WITHOUT  THE  COMMON- 
WEALTH. 

Be  it  enacted,  etc.,  as  follows: 

The  city  of  Lowell  is  hereby  authorized  to  raise  and  appro- 
priate money  for  the  purpose  of  providing  board,  lodging 
and  incidentals  for  its  public  school  athletic  teams,  coaches 
and  supervisors  when  such  athletic  teams  are  engaged  in 
contests  without  the  commonwealth.  Such  sums  shall  be 
expended  under  the  supervision  of  the  school  department. 

Approved  June  7,  1954. 

An  Act  increasing  the  penalty  for  promoting  anarchy  Chap. 584: 

AND  FOR  destroying  RECORDS  OF  SUBVERSIVE  ORGANI- 
ZATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  264  of  the  General  Laws  is  hereby  ^^V  ^J^^- 
amended  by  striking  out  section  11,  as  amended  by  sec-  §ii,'etc.,' 
tion  1  of  chapter  160  of  the  acts  of  1948,  and  inserting  in  amended. 
place  thereof  the  following  section:  —  Section  11.    Whoever  Penalty  for 
by  speech  or  by  exhibition,  distribution  or  promulgation  of  of^anarchy, 
any  written  or  printed  document,  paper  or  pictorial  repre-  established. 
sentation   advocates,    advises,    counsels   or   incites   assault 
upon  any  pubUc  official,  or  the  killing  of  any  person,  or  the 
unlawful  destruction  of  real  or  personal  property,  or  the 
overthrow  by  force  or  violence  or  other  unlawful  means 
of  the  government  of  the  commonwealth  or  of  the  United 
States,   shall  be  punished   by  imprisonment  in  the  state 
prison  for  not  more  than  three  years,  or  in  jail  for  not  more 
than  two  and  one  half  years,  or  by  a  fine  of  not  more  than 
one   thousand   dollars;    provided,    that   this   section   shall 
not  be  construed  as  reducing  the  penalty  now  imposed  for 
the  violation  of  any  law.    It  shall  be  unla-^^ul  for  any  person 
who  shall  have  been  convicted  of  a  violation  of  this  section, 
whether  or  not  any  sentence  shall  have  been  imposed,  to 
perform  the  duties  of  a  teacher  or  of  an  officer  of  adminis- 
tration in  any  public  or  private  educational  institution,  and 
the  superior  court,  in  a  suit  by  the  commonwealth,  shall 
have  jurisdiction  in  equity  to  restrain  and  enjoin  any  such 
person  from  performing  such  duties  thereafter;    provided, 
that  any  such  restraining  order  or  injunction  shall  be  forth- 
with vacated  if  such  conviction  shall  be  set  aside. 


514 


Acts,  1954.  — Chap.  585. 


O.  L.  (Ter. 
Ed.),  264,  §  12, 
repealed. 


O.  L.  (Ter. 
Ed.),  264, 
§  21,  etc., 
amended. 

Penalty  for 
destruction  or 
concealment  of 
certain  books, 
etc.,  increased. 


a.  L.  (Ter. 
Ed.),  264, 
§  19,  etc., 
amended. 

Penalty  for 
membership 
in  subversive 
organization, 
increased. 


G.  L.  (Ter. 
Ed),  264, 
§  23,  etc., 
amended. 

Penalty  for 
financial 
contribution, 
increased. 


Section  2.  Section  twelve  of  sedd  chapter  two  hundred 
and  sixty-four,  as  appearing  in  the  Tercentenary  Edition, 
is  hereby  repealed. 

Section  3.  Said  chapter  264  is  hereby  further  amended 
by  striking;  out  section  21,  inserted  by  section  3  of  chapter 
805  of  the  acts  of  1951,  and  inserting  in  place  thereof  the 
following  section:  —  Section  21.  Whoever  destroys  or  con- 
ceals books,  records,  files,  membership  lists  or  funds  be- 
longing to  an  organization  which  he  knows  to  be  a  subversive 
organization  shall  be  punished  by  imprisonment  in  the  state 
prison  for  not  more  than  three  years  or  in  jail  for  not  more 
than  two  and  one  half  years  or  by  a  fine  of  not  more  than 
one  thousand  dollars;  pro\nded,  that  this  section  shall  not 
be  construed  as  reducing  the  penalty  now  imposed  for  the 
violation  of  any  law. 

Section  4.  Said  chapter  264  is  hereby  further  amended 
by  striking  out  section  19,  as  so  inserted,  and  inserting  in 
place  thereof  the  following  section:  —  Section  19.  Any 
person  who  becomes  or  remains  a  member  of  any  organi- 
zation knowing  it  to  be  a  subversive  organization  shall  be 
punished  by  imprisonment  in  the  state  prison  for  not  more 
than  three  years  or  in  jail  for  not  more  than  two  and  one 
half  years  or  by  a  fine  of  not  more  than  one  thousand  dollars, 
provided  that  this  section  shall  not  be  construed  as  reducing 
the  penalty  now  imposed  for  the  violation  of  any  law. 

Section  5.  Said  chapter  264  is  hereby  further  amended 
by  striking  out  section  23,  as  so  inserted,  and  inserting  in 
place  thereof  the  following  section :  —  Section  23.  Whoever 
contributes  money  or  any  other  property  having  a  value  in 
money  to  an  organization  which  he  knows  to  be  a  subversive 
organization  shall  be  punished  by  imprisonment  in  the  state 
prison  for  not  more  than  three  years  or  in  jail  for  not  more 
than  two  and  one  half  years  or  by  a  fine  of  not  more  than 
one  thousand  dollars.  Approved  June  7,  1964- 


Chap. 585  An  Act  providing  for  the  sale  by  garage  owners  of 
certain  motor  vehicles  placed  for  storage  and  not 
claimed  within  a  certain  period. 

Be  it  enacted,  etc.,  as  folloios: 

Chapter  255  of  the  General  Laws  is  hereby  amended  by 
inserting  after  section  39  the  following  section:  —  Sec- 
tion 39 A.  Any  motor  vehicle  removed  from  the  scene  of  an 
accident  and  placed  for  storage  in  the  care  of  a  garage,  which 
in  this  section  shall  also  include  a  parking  lot  or  other  place 
for  the  storage  of  motor  vehicles,  by  a  member  of  the  state 
police  force,  by  a  member  of  the  police  force  of  any  city  or 
town  or  by  any  inspector,  supervisor,  investigator,  examiner 
or  instructor  appointed  by  the  registrar  of  motor  vehicles 
under  section  twenty-nine  of  chapter  ninety,  shall  be  so 
stored  at  the  prevailing  rates.  At  the  time  such  motor 
vehicle  is  so  placed  the  officer  or  person  placing  it  shall  fur- 
nish the  owner  or  operator  of  such  garage  the  name  and 


G.  L.  (Ter. 
Ed.),  255, 
new  §  39A, 
added. 

Sale  of  certain 
motor  vehicles 
placed  for 
storage, 
regulated. 


Acts,  1954. —  Chap.  586.  515 

address  of  the  registered  owner  of  said  motor  vehicle;  and 
if  such  information  is  not  then  available,  said  officer  or  per- 
son shall  obtain  such  information  and  forthwith  notify  in 
writing  the  said  owner  or  operator. 

Upon  receipt  of  such  information  the  owner  of  the  garage 
shall  notify  the  registered  owner  of  the  motor  vehicle  by 
registered  mail,  return  receipt  requested,  that  such  motor 
vehicle  has  been  placed  in  his  care  as  provided  by  this  sec- 
tion, and  shall  inform  him  of  the  storage  rates  therefor,  and 
shall  inquire  if  he  is  to  continue  to  hold  the  motor  vehicle 
subject  to  such  storage  rates. 

If  the  registered  owner  of  the  motor  vehicle  assents  to  the  Lien  for 
continued  storage  of  such  motor  vehicle,  the  owner  of  the  |stabfis'hed.^° 
garage  shall  continue  to  hold  said  motor  vehicle  in  storage 
and  shall  have  a  Hen  thereon,  as  provided  in  section  twenty- 
five. 

If  the  registered  owner  of  the  motor  vehicle  fails  to  answer 
said  notice  within  twenty-one  days  after  receipt  thereof,  the 
motor  vehicle  shall  continue  to  be  stored  at  the  prevailing 
rates. 

If,  within  six  months  after  the  expiration  of  said  twenty- 
one  days,  the  registered  owner  of  the  motor  vehicle  has  not 
claimed  said  vehicle,  the  owner  of  said  garage  shall  again 
notify  said  registered  owner  by  registered  mail,  return  re- 
ceipt requested,  that  unless  he  receives  payment  within 
twenty-one  days  of  his  charges  for  storing  said  motor  ve- 
hicle, he  shall  proceed  to  sell  said  motor  vehicle.  If  the 
registered  owner  of  said  motor  vehicle  does  not  pay  said 
charges  within  twenty-one  days  of  said  notice,  the  owner  of 
the  garage  may  sell  such  motor  vehicle  at  pubHc  or  private 
sale.  Upon  such  sale  the  owner  of  the  garage  may  deduct 
therefrom  his  charges  for  storage  and  the  costs  of  sending 
notices  and  of  holding  the  sale,  and  shall  furnish  the  regis- 
tered owner  of  such  motor  vehicle  a  statement  of  the  amount 
received  at  such  sale,  together  with  the  amount  of  his 
charges  and  costs,  and  the  balance,  if  any.  If  the  owner  of 
the  garage  knows  the  address  of  the  registered  owner  of  said 
motor  vehicle  he  shall  pay  such  balance  to  him;  if  not,  he 
shall  deposit  the  same  with  the  clerk  of  the  district  court 
who  shall  give  him  a  receipt  therefor  and  deposit  said  bal- 
ance in  a  savings  bank  in  the  name  of  the  justice  of  the  dis- 
trict court  in  trust  for  said  owner  of  the  motor  vehicle. 

Approved  June  7,  1954- 

An  Act  requiring  the  city  of  north  adams  to  repay  Chap. 586 

TO  CERTAIN  MEMBERS  OF  ITS  POLICE  DEPARTMENT  THEIR 
CONTRIBUTIONS  TO  THE  CONTRIBUTORY  RETIREMENT  SYS- 
TEM OF  SAID  CITY,  AND  ESTABLISHING  THEIR  RETIREMENT 
RIGHTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  retirement  board  of  the  city  of  North 
Adams  is  hereby  authorized  and  directed  to  repay  to  George 


516  Acts,  1954.  —  Chaps.  587,  588. 

Garner,  William  Garner,  John  M.  McConnell  and  Francis  C. 
Anderson,  all  permanent  policemen  of  said  city,  all  deduc- 
tions withheld  from  their  wages  as  such  policemen  on  ac- 
count of  membership  in  the  contributory  retirement  sys- 
tem, together  with  accumulated  interest  thereon,  and  the 
names  of  said  poHcemen  shall  be  stricken  from  the  rolls  of 
the  retirement  board  of  said  city  as  members  of  said  retire- 
ment system.  Each  of  the  said  pohcemen  shall  be  entitled  to 
the  benefits  of  pension  or  retirement  allowances  provided  for 
under  sections  eighty  to  eighty-five  F,  inclusive,  of  chapter 
thirty-two  of  the  General  Laws. 

Section  2.  Nothing  in  this  act  shall  affect  any  retire- 
ment rights  which  any  pohceman  mentioned  in  section  one 
may  have  under  the  law  relating  to  the  retirement  of  vet- 
erans in  the  public  service. 

Section  3.  This  act  shall  take  effect  upon  its  acceptance 
by  the  city  council  of  North  Adams,  subject  to  the  provi- 
sions of  its  charter,  but  not  otherwise. 

Approved  June  7,  1954. 

C hap. 5S7  An  Act  relative  to  the  civil  service  status  of  certain 

PERSONS    NOW    HOLDING    ON    A    TEMPORARY    BASIS    OTHER 
POSITIONS  IN  THE  DIVISION  OF  EMPLOYMENT  SECURITY. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  the  provisions  of  any  general  or  special 
law  to  the  contrary,  Edward  A.  Bouthilette,  Thomas  P. 
Dolan,  Grace  S.  LaBonte,  Beatrice  W.  Lyman,  John  T. 
Manning,  Iris  Marshall,  Benjamin  Maslowski,  William  J. 
McKay,  Francis  J.  Tynan  and  Arvo  W.  Sipila,  who  were 
employed  on  a  permanent  basis  in  the  position  of  principal 
interviewer  with  bonus,  in  the  division  of  employment 
security,  when  they  were  temporarily  transferred  to  other 
positions  in  the  division  of  employment  security,  shall, 
unless  subsequently  permanently  appointed  or  promoted  to 
other  positions,  continue  to  hold  the  said  status  of  principal 
interviewer  with  bonus,  which  they  held  prior  to  said  tem- 
porary transfer.  All  time  served  on  a  temporary  transfer 
basis  shall  be  carried  as  creditable  service  in  respect  to 
retirement,  civil  service  and  other  rights,  and  without  im- 
pairment of  any  rights  held  by  said  persons  in  the  position 
of  principal  interviewer  with  bonus. 

Approved  June  7,  1954. 

Chap. 5S8  An  Act  relative  to  the  awarding  of  certain  contracts 

BY   the    city    of    PITTSFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  40  of  chapter  280  of  the  acts  of  1932  is  hereby 
amended  by  striking  out,  in  line  4,  the  words  "three  hun- 
dred" and  inserting  in  place  thereof  the  words:  —  one 
thousand,  —  so  as  to  read  as  follows :  —  Section  40.  No 
contract  for  construction  work  or  for  the  purchase  of  appa- 


Acts,  1954.  —  Chap.  589.  517 

ratus,  supplies  or  materials,  whether  for  repairs  or  original 
construction,  the  estimated  cost  of  which  amounts  to  one 
thousand  dollars  or  more,  except  in  cases  of  special  emergency 
involving  the  health  and/or  safety  of  the  people  or  their 
property,  shall  be  awarded  unless  proposals  for  the  same 
have  been  invited  by  the  officer  in  charge  of  the  under- 
taking, by  advertisement  in  a  newspaper  pubUshed  in  the 
city  once  a  week  for  at  least  two  consecutive  weeks,  the  last 
publication  to  be  at  least  one  week  before  the  time  specified 
for  the  opening  of  said  proposals.  Such  advertisement  shall 
state  the  time  and  place  where  plans  and  specifications  of 
proposed  work  or  apparatus,  supphes,  or  materials,  may  be 
had,  and  the  time  and  place  for  opening  the  proposals  in 
answer  to  said  advertisement  and  shall  reserve  to  the  city 
the  right  to  reject  any  or  all  of  such  proposals.  All  such 
proposals  shall  be  opened  in  public.  No  bill  or  contract 
shall  be  spht  or  divided  for  the  purpose  of  evading  any 
provision  of  this  act.  Approved  June  7,  1954- 

An  Act  ratifying  a  proposed   compact  between  the  (Jfidj)  ggg 

COMMONWEALTH    AND    CERTAIN    OTHER    STATES    PROVIDING  ^' 

FOR    THE    ESTABLISHMENT    OF    THE    NEW    ENGLAND    BOARD 
OF   HIGHER   EDUCATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Whereas,  The  several  New  England  states  co- 
operatively deem  it  feasible  to  provide  needed,  acceptable, 
efficient,  educational  facihties  to  meet  the  needs  of  New 
England  in  the  fields  of  medicine,  dentistry,  veterinary  medi- 
cine, and  other  fields  of  technical,  professional  and  grad- 
uate training; 

Now,  therefore,  the  Governor,  on  behalf  of  this  Common- 
wealth, is  hereby  authorized  to  enter  into  a  compact,  sub- 
stantially in  the  following  form,  with  any  one  or  more  of  the 
states  of  Connecticut,  Maine,  New  Hampshire,  Rhode 
Island  and  Vermont,  and  the  general  court  hereby  signifies 
in  advance  its  approval  and  ratification  of  such  a  compact 
so  entered  into,  such  approval  and  ratification  to  be  effec- 
tive upon  the  filing  of  a  copy  of  such  compact  in  the  office  of 
the  state  secretary. 

new   ENGLAND   HIGHER    EDUCATION   COMPACT. 

Article  I. 

The  purposes  of  the  New  England  Higher  Education  Com- 
pact shall  be  to  provide  greater  educational  opportunities 
and  services  through  the  estabhshment  and  maintenance  of 
a  co-ordinated  educational  program  for  the  persons  residing 
in  the  several  states  of  New  England  parties  to  this  com- 
pact, with  the  aim  of  furthering  higher  education  in  the  fields 
of  medicine,  dentistry,  veterinary  medicine,  pubhc  health 
and  in  professional,  technical,  scientific,  Uterary  and  other 
fields. 


518  Acts,  1954.  — Chap.  589. 


Article  II. 

There  is  hereby  created  and  established  a  New  England 
board  of  higher  education  hereinafter  known  as  the  board, 
which  shall  be  an  agency  of  each  state  party  to  the  compact. 
The  board  shall  be  a  body  corporate  and  politic,  having  the 
powers,  duties  and  jurisdiction  herein  enumerated  and  such 
other  and  additional  powers  as  shall  be  conferred  upon  it 
by  the  concurrent  act  or  acts  of  the  compacting  states.  The 
board  shall  consist  of  three  resident  members  from  each 
compacting  state,  chosen  in  the  manner  and  for  the  terms 
provided  by  law  of  the  several  states  parties  to  this  compact. 

Article  III. 

This  compact  shall  become  operative  immediately  as  to 
those  states  executing  it  whenever  any  two  or  more  of  the 
states  of  Maine,  Vermont,  New  Hampshire,  Massachusetts, 
Rhode  Island  and  Connecticut  have  executed  it  in  the  form 
which  is  in  accordance  with  the  laws  of  the  respective  com- 
pacting states. 

Article  IV. 

The  board  shall  annually  elect  from  its  members  a  chair- 
man and  vice-chairman  and  shall  appoint  and  at  its  pleasure 
remove  or  discharge  said  officers.  It  may  appoint  and  em- 
ploy an  executive  secretary  and  may  employ  such  steno- 
graphic, clerical,  technical  or  legal  personnel  as  shall  be 
necessary,  and  at  its  pleasure  remove  or  discharge  such  per- 
sonnel. It  shall  adopt  a  seal  and  suitable  by-laws  and  shall 
promulgate  any  and  all  rules  and  regulations  which  may  be 
necessary  for  the  conduct  of  its  business.  It  may  maintain 
an  office  or  offices  within  the  territory  of  the  compacting 
states  and  may  meet  at  any  time  or  place.  Meetings  shall 
be  held  at  least  twice  each  year.  A  majority  of  the  mem- 
bers shall  constitute  a  quorum  for  the  transaction  of  busi- 
ness, but  no  action  of  the  board  imposing  any  obligation  on 
any  compacting  state  shall  be  binding  unless  a  majority  of 
the  members  from  such  compacting  state  shall  have  voted 
in  favor  thereof.  Where  meetings  are  planned  to  discuss 
matters  relevant  to  problems  of  education  affecting  only 
certain  of  the  compacting  states,  the  board  may  vote  to 
authorize  special  meetings  of  the  board  members  of  such 
states.  The  board  shall  keep  accurate  accounts  of  all  re- 
ceipts and  disbursements  and  shall  make  an  annual  report 
to  the  governor  and  the  legislature  of  each  compacting  state, 
setting  forth  in  detail  the  operations  and  transactions  con- 
ducted by  it  pursuant  to  this  compact,  and  shall  make 
recommendations  for  any  legislative  action  deemed  by  it 
advisable,  including  amendments  to  the  statutes  of  the  com- 
pacting states  which  may  be  necessary  to  carry  out  the  in- 
tent and  purpose  of  this  compact.  The  board  shall  not 
pledge  the  credit  of  any  compacting  state  without  the  con- 
sent of  the  legislature  thereof  given  pursuant  to  the  consti- 


Acts,  1954. —  Chap.  589.  519 

tutional  processes  of  said  state.  The  board  may  meet  any 
of  its  obljgatioiis  in  whole  or  in  part  with  funds  available  to 
it  under  Article  VII  of  this  compact;  provided,  that  the 
board  takes  specific  action  setting  aside  such  funds  prior  to 
the  incurring  of  any  obligation  to  be  met  in  whole  or  in  part 
in  this  manner.  Except  where  the  board  makes  use  of  funds 
available  to  it  under  Article  VII  hereof,  the  board  shall  not 
incur  any  obligations  for  salaries,  office,  administrative, 
traveling  or  other  expenses  prior  to  the  allotment  of  funds 
by  the  compacting  states  adequate  to  meet  the  same.  Each 
compacting  state  reserves  the  right  to  provide  hereafter  by 
law  for  the  examination  and  audit  of  the  accounts  of  the 
board.  The  board  shall  appoint  a  treasurer  who  may  be  a 
member  of  the  board,  and  disbursements  by  the  board  shall 
be  valid  only  when  authorized  by  the  board  and  when 
vouchers  therefor  have  been  signed  by  the  executive  secre- 
tary and  countersigned  by  the  treasurer.  The  executive 
secretary  shall  be  custodian  of  the  records  of  the  board  with 
authority  to  attest  to  and  certify  such  records  or  copies 
thereof. 

Article  V. 

The  board  shall  have  the  power  to:  (1)  collect,  correlate, 
and  evaluate  data  in  the  fields  of  its  interest  under  this  com- 
pact; to  publish  reports,  bulletins  and  other  documents 
making  available  the  results  of  its  research;  and,  in  its  dis- 
cretion, to  charge  fees  for  said  reports,  bulletins  and  docu- 
ments; (2)  enter  into  such  contractual  agreements  or  ar- 
rangements with  any  of  the  compacting  states  or  agencies 
thereof  and  with  educational  institutions  and  agencies  as 
may  be  required  in  the  judgment  of  the  board  to  provide 
adequate  services  and  facilities  in  educational  fields  covered 
by  this  compact;  provided,  that  it  shall  be  the  policy  of  the 
board  in  the  negotiation  of  its  agreements  to  serve  increased 
numbers  of  students  from  the  compacting  states  through 
arrangements  with  then  existing  institutions,  whenever  in 
the  judgment  of  the  board  adequate  service  can  be  so  secured 
in  the  New  England  region.  Each  of  the  compacting  states 
shall  contribute  funds  to  carry  out  the  contracts  of  the  board 
on  the  basis  of  the  number  of  students  from  such  state  for 
whom  the  board  may  contract.  Contributions  shall  be  at 
the  rate  determined  by  the  board  in  each  educational  field. 
Except  in  those  instances  where  the  board  by  specific  action 
allocates  funds  available  to  it  under  Article  VII  hereof,  the 
board's  authority  to  enter  into  such  contracts  shall  be  only 
upon  appropriation  of  funds  by  the  compacting  states.  Any 
contract  entered  into  shall  be  in  accordance  with  rules  and 
regulations  promulgated  by  the  board  and  in  accordance 
with  the  laws  of  the  compacting  states. 

Article  VI. 

Each  state  agrees  that,  when  authorized  by  the  legislature 
pursuant  to  the  constitutional  processes,  it  will  from  time  to 


520  Acts,  1954.  —  Chap.  589. 

time  make  available  to  the  board  such  funds  as  may  be  re- 
quired for  the  expenses  of  the  board  as  authorized  under  the 
terms  of  this  compact.  The  contribution  of  each  state  for 
this  purpose  shall  be  in  the  proportion  that  its  population 
bears  to  the  total  combined  population  of  the  states  who 
are  parties  hereto  as  shown  from  time  to  time  by  the  most 
recent  official  published  report  of  the  Bureau  of  the  Census 
of  the  United  States  of  America,  unless  the  board  shall  adopt 
another  basis  in  making  its  recommendation  for  appropria- 
tion to  the  compacting  states. 

Article  VII. 

The  board  for  the  purposes  of  this  compact  is  hereby  em- 
powered to  receive  grants,  devises,  gifts  and  bequests  which 
the  board  may  agree  to  accept  and  administer.  The  board 
shall  administer  property  held  in  accordance  with  special 
trusts,  grants  and  bequests,  and  shall  also  administer  grants 
and  devises  of  land  and  gifts  or  bequests  of  personal  property 
made  to  the  board  for  special  uses,  and  shall  execute  said 
trusts,  investing  the  proceeds  thereof  in  notes  or  bonds  se- 
cured by  sufficient  mortgages  or  other  securities. 

Article  VIII. 

The  provisions  of  this  compact  shall  be  severable,  and  if 
any  phrase,  clause,  sentence  or  provision  of  this  compact  is 
declared  to  be  contrary  to  the  Constitution  of  any  compact- 
ing state  or  of  the  United  States  the  validity  of  the  remainder 
of  this  compact  and  the  appUcabifity  thereof  to  any  govern- 
ment, agency,  person  or  circumstance  shall  not  be  affected 
thereby;  provided,  that  if  this  compact  is  held  to  be  con- 
trary to  the  constitution  of  any  compacting  state  the  com- 
pact shall  remain  in  full  force  and  effect  as  to  all  other  com- 
pacting states. 

Article  IX. 

This  compact  shall  continue  in  force  and  remain  binding 
upon  a  compacting  state  until  the  legislature  or  the  governor 
of  such  state,  as  the  laws  of  such  state  shall  provide,  takes 
action  to  withdraw  therefrom.  Such  action  shall  not  be 
effective  until  two  years  after  notice  thereof  has  been  sent 
by  the  governor  of  the  state  desiring  to  withdraw  to  the 
governors  of  all  other  states  then  parties  to  the  compact. 
Such  withdrawal  shall  not  reUeve  the  withdrawing  state  from 
its  obfigations  accruing  hereunder  prior  to  the  effective  date 
of  withdrawal.  Any  state  so  withdrawing,  unless  reinstated, 
shall  cease  to  have  any  claim  to  or  ownership  of  any  of  the 
property  held  by  or  vested  in  the  board  or  to  any  of  the 
funds  of  the  board  held  under  the  terms  of  the  compact. 
Thereafter,  the  withdrawing  state  may  be  reinstated  by 
application  after  appropriate  legislation  is  enacted  by  such 
state,  upon  approval  by  a  majority  vote  of  the  board. 


Acts,  1954.  —  Chap.  589.  521 


Article  X. 

If  any  compacting  state  shall  at  any  time  default  in  the 
performance  of  any  of  its  obligations  assumed  or  imposed 
in  accordance  with  the  provisions  of  tliis  compact,  aU  rights 
and  privileges  and  benefits  conferred  by  this  compact  or 
agreement  hereunder  shall  be  suspended  from  the  effective 
date  of  such  default  as  fixed  by  the  board.  Unless  such  de- 
fault shall  be  remedied  within  a  period  of  two  years  follow- 
ing the  effective  date  of  such  default,  this  compact  may  be 
terminated  with  respect  to  such  defaulting  state  by  aflBrma- 
tive  vote  of  three  fourths  of  the  other  member  states.  Any 
such  defaulting  state  may  be  reinstated  by  (a)  performing 
all  acts  and  obligations  upon  which  it  has  heretofore  de- 
faulted, and  (h)  application  to  and  approval  by  a  majority 
vote  of  the  board. 

Section  2.  When  the  governor  shall  have  executed  said 
compact  on  behalf  of  this  state,  and  shall  have  caused  a 
verified  copy  thereof  to  be  filed  with  the  state  secretary, 
and  when  said  compact  shall  have  been  ratified  by  one  or 
more  of  the  states  named  in  section  one  of  this  act,  then  said 
compact  shall  become  operative  and  effective  as  between 
tills  state  and  such  other  state  or  states.  The  governor  is 
hereby  authorized  and  directed  to  take  such  action  as  may 
be  necessary  to  complete  the  exchange  and  filing  of  official 
documents  as  between  this  state  and  any  other  state  ratify- 
ing said  compact,  and  to  take  such  steps  as  may  be  neces- 
sary to  secure  the  consent  of  the  Congress  of  the  United 
States  to  the  compact. 

Section  3.  After  the  aforesaid  compact  shall  become 
effective  and  operative,  the  governor,  with  the  advice  and 
consent  of  the  council,  shall  designate  or  appoint  three 
members  who  shall  represent  the  commonwealth  as  mem- 
bers of  the  board.  The  terms  of  appointees  shall  originally 
be  so  arranged  as  to  expire  every  two  years,  the  longest  term 
to  be  six  years.  Thereafter  appointments  of  such  members 
shall  be  for  terms  of  six  years.  Vacancies  shall  be  filled  for 
the  remainder  of  unexpired  terms,  in  the  same  manner  as 
original  appointments  are  made. 

Section  4.  Each  member  designated  or  appointed  by 
the  governor  who,  while  such  member,  holds  no  salaried 
state  office,  shall  be  paid  by  the  commonwealth  as  compen- 
sation the  sum  of  thirty  dollars  for  each  day's  service  per- 
formed in  connection  with  his  duties  as  such  member,  but 
not  to  exceed  two  thousand  dollars  in  any  fiscal  year.  Such 
compensation  shall  be  paid  by  the  state  treasurer  not  oftener 
than  once  in  two  weeks,  upon  bills  approved  by  the  chair- 
man or  vice-chairman  and  the  secretary  of  the  board.  All 
members  shall  be  entitled  to  their  actual  expenses  incurred 
in  the  performance  of  their  duties  as  such. 

Section  5.  The  board  on  the  part  of  the  commonwealth 
shall  obtain  accurate  accounts  of  aU  the  board's  receipts 
and  disbursements  and  shall  report  to  the  governor  and  the 


522 


Acts,  1954.  — Chap.  590. 


budget  commissioner  annually  on  or  before  the  fifteenth  day 
of  September,  setting  forth  in  such  detail  as  the  budget  com- 
missioner may  require  the  transactions  of  the  board  for  the 
fiscal  year  ending  on  the  preceding  June  thirtieth.  They 
shall  include  in  such  report  recommendations  for  any  legis- 
lation to  the  commonwealth  as  may  be  necessary  or  desir- 
able to  carry  out  the  intent  and  purposes  of  the  New 
England  Higher  Education  Compact  among  the  states  join- 
ing therein.  Approved  June  7,  1964. 


G.  L.  (Ter. 
Ed.),  33, 
stricken  out, 
new  chapter 
33,  inserted. 


Chap. 590  An  Act  revising  the  military  laws  of  the  common- 
wealth. 

Emergency  Wheveas,  The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  defeat  its  purposc,  which,  in  part,  is  to  make  immediately 
available  certain  services  of  the  armed  forces  of  the  common- 
wealth, and  to  prepare  for  the  annual  service  training  pro- 
gram, therefore  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.  The  General  Laws  are  hereby  amended  by 
striking  out  chapter  33  and  inserting  in  place  thereof  the 
following  chapter:  — 

Chapter  33. 

Militia. 
I.  definitions. 

Definitions.  Section  1.     Words  used  in  this  chapter  shall  have  the 

following  meanings,  unless  a  different  meaning  is  clearly 
apparent  from  the  language  or  context :  — 

"Military  forces  of  the  commonwealth"  shall  include  the 
organized  militia  as  defined  in  section  four,  and  members  of 
the  unorganized  mihtia  when  drafted  or  accepted  as  vol- 
unteers under  sections  fifty-five  and  fifty-six. 

"Enlisted  person",  a  member,  other  than  a  commissioned 
officer  or  a  warrant  ofiicer,  in  the  military  forces  of  the 
commonwealth. 

"Officer",  a  commissioned  officer  or  a  warrant  officer  in 
the  military  forces  of  the  commonwealth. 

"Organization",  a  command  composed  of  two  or  more 
units. 

"Unit"  shall  include  headquarters,  detachment,  com- 
pany, battery,  troop,  and  equivalent  air  unit,  and  such  other 
elements  as  may  be  determined  by  the  commander-in-chief 
to  come  under  such  designation. 

"Military  custodian",  the  senior  mifitary  officer  in  com- 
mand of  troops  stationed  in  an  armory  or  air  installation  un- 
less otherwise  designated  by  the  commander-in-chief. 


Acts,  1954.  — Chap.  590.  523 


II.    ORGANIZATION. 

Section  2.  The  militia  of  the  commonwealth  shall  consist  fn^oued  in 
of  all  able-bodied  male  citizens  and  all  other  able-bodied  miiitia. 
males  who  have  declared  their  intention  to  become  citizens 
of  the  United  States,  between  the  ages  of  seventeen  and 
forty-five,  and  who  are  residents  of  the  commonwealth,  and 
of  such  other  persons,  male  and  female,  as  may,  upon  their 
own  apphcation,  be  enlisted  or  commissioned  therein  pur- 
suant to  any  provision  of  this  chapter,  subject,  however,  to 
such  exemptions  as  are  now,  or  may  be  hereafter,  created 
by  law. 

Section  3.  The  militia  shall  consist  of  two  classes,  namely,  Miiitia, 
the  organized  militia,  composed  and  organized  as  provided  ^o^rg'^^ed!*^ 
in  this  chapter,  and  the  remainder,  to  be  known  as  the  un- 
organized miUtia.  The  unorganized  militia  shall  not  be  sub- 
ject to  duty  except  in  case  of  war,  actual  or  threatened,  in- 
vasion, the  prevention  of  invasion,  the  suppression  of  riots, 
and  the  assisting  of  civil  officers  in  the  execution  of  the  laws. 

Section  4'  The  active  or  organized  militia  shall  be  com-  composition 
posed  of  volunteers,  and  shall  comprise  the  aides-de-camp  mmtia!^ 
of  the  commander-in-chief,  the  state  staff,  the  armed  forces 
of  the  commonwealth  as  defined  in  section  ten,  the  retired 
fist  and  a  special  quartermaster  detachment  of  enhsted  per- 
sonnel duly  appointed  as  armorers  in  the  various  armories 
or  air  installations  of  the  commonwealth. 

The  organized  mihtia  shall  constitute  the  military  divi- 
sion of  the  executive  branch  of  the  government  of  the  com- 
monwealth. 

Section  5.    The  commander-in-chief  may  make  and  pub-  Po^er  of 
lish  regulations  for  the  government  of  the  organized  mihtia  fn™meT  ^^' 
in  accordance  with  law. 

Section  6.    The  commander-in-chief  may  raise  volunteer  May  raise 
units  when  they  are  needed  to  maintain  the  military  forces  companies. 
of  the  commonwealth  at  the  strength  and  of  the  composi- 
tion required  or  permitted  by  law. 

Section  7.  The  commander-in-chief  may  from  time  to  organization. 
time  prescribe  in  orders  the  organization  of  the  mihtary  prescdbT'^ '° 
forces  of  the  commonwealth,  the  designation  and  location  of 
all  units,  and  the  numbers,  titles,  grades  and  duties  of  all 
ofiicers  and  enlisted  persons  as  he  deems  the  interest  of  the 
service  demands:  provided,  that  the  organization  shall  not 
conflict  with  the  laws  of  the  United  States  relating  to  the 
armed  forces. 

Section  8.  The  commander-in-chief  may,  to  recruit  the  Appointment 
organized  mihtia,  appoint  provisional  officers  for  such  units  °ffl'^ers'^'°°^ 
as  he  may  from  time  to  time  create  by  orders  in  accordance 
with  this  chapter.  Such  provisional  officers,  subject  to  re- 
moval by  the  commander-in-chief  and  until  their  successors 
are  qualified  as  provided  by  the  constitution  and  laws  of  the 
commonwealth,  shall  exercise  the  same  military  authority 
over  their  several  commands  as  is  specified  in  the  said  laws 
for  duly  qualified  officers  of  the  organized  mihtia. 


524 


Acts,  1954.  —  Chap.  590. 


May  disband 
certain  units. 


Composition 
of  armed 
forces  of 
commonwealth. 


Composition 
of  national 
guard,  army 
or  air. 


Discrimmation 
forbidden. 


Penalty  for 
obstructing 
service  with 
militia. 


Aides-de- 
camp. 


State  stafif, 
appointment, 
composition, 
etc. 


Section  9.  The  commander-in-chief  may,  subject  to  the 
laws  of  the  United  States,  disband  any  unit  of  the  organized 
militia  falHng  below  the  prescribed  strength  or  standard  of 
efficiency. 

Section  10.  The  armed  forces  of  the  commonwealth  shall 
consist  of  the  active  national  guard,  army  and  air,  and  the 
inactive  national  guard,  army  and  air.  The  commander-in- 
chief  may  from  time  to  time  prescribe,  whenever  necessary, 
a  state  guard  or  similar  organization  composed  as  permitted 
by  law. 

Section  11.  The  national  guard,  army  or  air,  shall  consist 
of  such  organizations  and  units  as  the  commander-in-chief 
may  from  time  to  time  authorize  to  be  formed,  all  to  be 
organized  in  accordance  with  the  laws  of  the  United  States 
affecting  the  national  guard,  army  and  air,  and  the  regu- 
lations issued  by  the  appropriate  secretary  of  the  department 
of  defense. 

Section  12.  No  person  shall  be  denied  the  enjoyment  of 
any  military  right,  or  be  discruninated  against  in  the  exercise 
of  any  military  right,  or  be  segregated  in  the  military  forces  of 
the  commonwealth,  because  of  race,  color  or  national  origin. 

Section  13.  Whoever  wilfully  deprives  an  officer  or  en- 
listed person  of  his  employment,  or  denies  him  employment, 
or  prevents  his  being  employed  by  another,  or  obstructs  or 
annoys  him  or  his  employer  in  respect  of  his  trade,  business 
or  employment,  because  of  his  connection  with  the  armed 
forces  of  the  commonwealth,  or  because  of  his  necessary 
absence  from  business  in  performance  of  his  duty  as  such, 
and  whoever  dissuades  any  person  from  enfisting  in  the  said 
armed  forces  of  the  commonwealth  by  threat  of  injury  to 
him  in  respect  of  his  employment,  trade  or  business,  or  of 
other  injury,  if  he  shall  so  enfist,  shall  be  punished  by  a  fine 
of  not  more  than  five  hundred  dollars,  or  by  imprisonment 
for  not  more  than  six  months,  or  both. 

Section  14-  The  aides-de-camp  of  the  commander-in- 
chief  shall  consist  of  such  appointed  or  detailed  aides  as  the 
governor  shall  deem  necessary.  Officers  detailed  under  this 
section  shall  not  be  refieved  from  their  ordinary  national 
guard,  army  or  air  duties. 

The  aides-de-camp  shall  be  commissioned  and  hold  office 
until  their  successors  are  quafified.  They  may  be  removed 
at  any  time  by  the  commander-in-chief. 

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

The  commander-in-chief  shall  prescribe  by  directive,  the 
uniform  of  such  appointed  aides-de-camp. 

Section  15.  (a)  The  state  staff  shall  consist  of  one  ad- 
jutant general,  with  the  grade  of  major  general,  who  shall 
be  the  chief  of  staff  to  the  commander-in-chief  and  the  chief 


Acts,  1954.  —  Chap.  590.  525 

of  the  state  staff,  and  the  officers  provided  for  in  this  section, 
each  of  whom  shall  perform  his  duties  under  the  direction  of 
the  adjutant  general.  To  be  eligible  for  initial  appoint- 
ment on  the  state  staff,  an  officer  shall  have  federal  recog- 
nition in  an  organization  or  unit  of  the  Massachusetts 
national  guard,  army  or  air.  He  shall  thereafter  hold  his 
position  until  he  reaches  the  age  of  sixty-five  years  unless 
separated  prior  to  that  time  by  resignation,  disability,  or  for 
cause  by  a  court-martial  legally  convened  for  that  purpose. 

(b)  The  adjutant  general  shall  be  appointed  from  those  Adjutant 
persons  who  are,  or  have  been,  active  commissioned  officers  s^nerai. 
in  the  Massachusetts  national  guard,  army  or  air,  for  a 
period  of  not  less  than  five  years  and  who  have  attained, 
while  serving  therein,  or  in  the  national  guard  of  the  United 
States,  a  grade  not  lower  than  that  of  lieutenant  colonel. 
He  shall  hold  office  for  a  term  of  six  years  and  shall  receive 
the  same  pay  as  an  officer  of  the  regular  service  of  correspond- 
ing grade  with  corresponding  length  of  service. 

He  shall  be  charged  with  carrying  out  the  poHcies  of  the  Powers  and 
commander-in-chief  and  shall  issue  orders  in  his  name,  but  '^""*'^- 
he  shall  not  personally  exercise  command  of  troops  in  his 
capacity  as  adjutant  general. 

He  shall  be  the  immediate  adviser  of  the  commander-in- 
chief  on  all  matters  relating  to  the  militia  and  shall  be  charged 
with  the  planning,  development  and  execution  of  the  program 
of  the  mihtary  forces  of  the  commonwealth.  He  shall  cause 
the  state  staff  to  prepare  plans  for  recruiting,  organizing, 
supplying,  equipping  and  mobihzing  the  organized  militia, 
for  use  in  the  national  defense,  for  state  defense  and  emer- 
gencies, and  for  demobilizing  the  mihtia. 

He  shall  hold  major  organization  commanders  responsible 
for  the  proper  training  of  their  commands,  and  all  orders 
and  instructions  for  the  government  of  the  militia  and  of  the 
officers  and  enlisted  persons  therein  shall  be  issued  and  com- 
municated to  those  concerned  through  mihtary  channels. 

He  shall  make  such  returns  and  reports  as  may  be  pre- 
scribed by  the  commander-in-chief  or  required  by  the  laws 
or  regulations  of  the  commonwealth  or  of  the  United  States, 
and  may  detail  such  officers  of  appropriate  grade  and  employ 
such  clerks  and  other  assistants  as  may  be  necessary  in  his 
division  at  an  expense  not  exceeding  the  amount  appropriated 
therefor. 

Except  in  those  cases  where  by  law  or  regulation  specific 
powers  are  conferred  on  the  adjutant  general  as  such,  he 
shall  have  no  authority  independently  of  the  commander- 
in-chief,  from  whom  his  orders  shall  be  considered  as  ema- 
nating, and  the  acts  of  the  adjutant  general  shall  be  regarded 
as  in  execution  of  the  orders  of  the  conamander-in-chief. 

Under  the  control  of  the  governor,  in  his  capacity  as 
commander-in-chief,  the  adjutant  general  shall  be  the  execu- 
tive and  administrative  head  of  the  mihtary  division  of  the 
executive  branch  of  the  government  of  the  conmionwealth. 


526 


Acts,  1954. —  Chap.  590. 


Assistant 
adjutants 
general. 


State 
quartermaster. 


Powers  and 
duties. 


State 
surgeon. 


Duties. 


State  judge 
advocate. 


Powers  and 
duties. 


State  property 
oflBcer. 


Powers  and 
duties. 


Except  as  otherwise  provided,  he  shall  require  that  all 
contracts  and  may  require  that  all  expenditures  made  by 
the  division  be  submitted  to  him  for  approval. 

(c)  There  shall  be  four  full-time  assistant  adjutants 
general,  one  of  whom  shall  be  designated  executive  officer, 
who  shall  perform  such  duties  as  may  be  delegated  to  them 
by  the  adjutant  general,  or  as  prescribed  in  orders  and 
regulations  from  time  to  time. 

{d)  There  shall  be  one  full-time  state  quartermaster 
who  shall,  except  as  otherwise  provided  in  this  chapter 
and  in  chapter  three  hundred  and  forty- four  of  the  acts  of 
nineteen  hundred  and  thirty-six,  have  the  care  and  control 
of  all  land  and  buildings  held  for  military  purposes  and  all 
other  military  property  of  the  commonwealth  except  such 
as  is  by  law  expressly  intrusted  to  the  keeping  of  others. 
He  shall  be  the  state  finance  officer  for  the  receipt,  disburse- 
ment and  accounting  for  all  funds  received  by  him  for  the 
payment,  equipment,  travel  and  subsistence  of  the  armed 
forces  of  the  commonwealth.  He  shall  give  bond  to  the 
commonwealth  in  the  penal  sum  of  twenty  thousand  dollars 
with  surety  or  sureties  approved  by  the  commander-in- 
chief,  conditioned  upon  the  faithful  performance  of  his  duties 
as  prescribed  herein.  He  shall  have  advanced  to  him  by  the 
commonwealth,  under  such  rules  and  regulations  as  the 
state  comptroller  may  prescribe,  one  hundred  per  cent  of  the 
pay  and  mileage  for  duty  under  section  forty,  forty-one, 
forty-two  or  sixty,  and  shall  return  the  unexpended  balance 
of  the  sum  so  advanced  as  soon  as  possible,  or  at  such  times 
as  the  comptroller  may  require. 

(e)  There  shall  be  a  state  surgeon  who  shall  be  adviser 
to  the  military  division  on  all  matters  pertaining  to  the 
medical  services  of  the  armed  forces  of  the  commonwealth. 
He  shall  be  a  member  of  the  board  provided  for  in  section 
ninety. 

(/)  There  shall  be  a  state  judge  advocate  who  shall  be 
the  legal  adviser  of  the  military  division  on  all  matters 
referred  to  him  by  law  or  by  the  commander-in-chief.  He 
shall  examine  and  report  in  writing  to  the  commander-in- 
chief  on  all  proceedings  of  courts-martial  requiring  the 
action  of  the  commander-in-chief.  He  shall  be  a  member 
of  the  boards  provided  for  by  sections  fifty-two,  ninety  and 
ninety-five  of  this  chapter.  He  may  be  detailed  by  the 
commander-in-chief  to  attend  any  encampment,  and  during 
the  encampment  shall  within  the  limits  of  the  camp  and  for 
a  distance  of  one  mile  outside  said  limits  have  the  jurisdiction 
of  a  district  court  of  all  offenses  then  and  there  committed. 

{g)  There  shall  be  a  state  property  officer  who  shall  be 
the  property  and  fiscal  officer  for  the  commonwealth  in 
the  receipt,  issue,  and  accounting  of  all  federal  funds  and 
property  issued  or  allotted  to  the  commonwealth  in  con- 
nection with  the  armed  forces.  He  shall  make  such  returns 
and  reports  concerning  the  same  as  may  be  required  by  law 
and  regulation  and  shall  carry  out  such  orders  as  may  be 


Acts,  1954.  — Chap.  590.  527 

issued  from  time  to  time  by  the  department  of  defense.  He 
shall  hold  rank  in  accordance  with  the  national  defense  act, 
and  acts  in  addition  thereto  or  in  amendment  thereof,  and 
regulations  issued  thereunder.  He  shall  perform  such  other 
duties  as  may  be  prescribed  by  the  commander-in-chief. 

(/i)  There  shall  be  a  state  engineer  officer  who  shall  be  state  engineer 
adviser  to  the  military  division  on  all  technical  matters  °®*'®''- 
involved  in  the  construction,  alteration  and  repair  of  all 
structures  and  installations  intended  for  the  use  of  the  armed 
forces  of  the  commonwealth.    He  shall  be  ex  officio  a  member  Powers  and 
of  the  armory  commission  provided  for  in  section  eighteen  ^""^^• 
of  chapter  six. 

(z)  There  shall  be  a  state  inspector  and  a  state  ordnance  state  inspector 
officer  who  shall  perform  such  duties  pertaining  to  their  nMce'offlcen' 
respective  offices  as  prescribed  in  orders  or  regulations  from 
time  to  time  by  the  commander-in-chief. 

(J)  Except  when  ordered  on  duty  under  section  thirty- 
eight,  forty,  forty-one,  forty-two  or  sixty  of  this  chapter, 
the  officers  of  the  state  staff  shall  respectively  receive  the 
following  salaries:  —  the  assistant  adjutants  general,  the  salaries, 
same  pay  as  an  officer  of  the  regular  service  of  corresponding 
grade  with  corresponding  length  of  service  but  not  exceeding 
that  of  colonel;  the  state  quartermaster,  the  same  pay  as 
an  officer  of  the  regular  service  of  corresponding  grade  with 
corresponding  length  of  service  but  not  exceeding  that  of 
colonel;  the  state  surgeon,  twenty-five  hundred  dollars; 
provided,  however,  that  for  services  rendered  to  the  com- 
missioner of  veterans'  services  in  cases  of  state  or  military 
aid  and  soldiers'  relief  he  may  receive  such  additional  com- 
pensation, not  exceeding  twelve  hundred  dollars  per  annum, 
as  said  commissioner  shall  approve;  the  state  judge  advocate, 
twenty-five  hundred  dollars;  the  state  property  officer, 
one  thousand  dollars;  the  state  engineer  officer,  twenty-five 
hundred  dollars;  the  state  inspector  and  the  state  ordnance 
officer,  fifteen  hundred  dollars  each. 

(k)  During  the  absence  or  disability  of  an  officer  of  the 
state  staff,  or  during  such  time  as  he  is  in  the  active  miH- 
tary  service  of  the  United  States,  the  commander-in-chief 
may  in  orders  designate  some  officer  to  perform  his  duties. 

Section  16.    The  adjutant  general  and  officers  of  the  state  Members  of 
staff  shall  not  be  interested,  directly  or  indirectly,  in  the  fo^prom  from*^ 
purchase  or  sale  of  any  articles  intended  for,  or  appertaining  business  with 
to,  their  respective  departments,  except  for  and  on  account  *'°™™°°^^^ 
of  the  commonwealth ;  nor  shall  they  or  any  of  them  take  or 
apply  to  his  or  their  own  use,  for  negotiating  or  transacting 
business  in  their  respective  departments,  any  gift,  gain  or 
advantage  other  than  that  allowed  by  law.      The  holding  of  Exception. 
less  than  five  per  cent  of  the  stock  of  a  corporation  which  is 
the  vendor  or  purchaser  of  any  article  as  above  described 
when  the  officer  concerned  neither  holds  office  in  such  cor- 
poration nor  receives  from  it  any  emoluments  other  than 
dividends  as  a  shareholder,  shall  not  be  deemed  to  be  included 
in  the  prohibition  of  this  section. 


528 


Acts,  1954. —  Chap.  590. 


Penalty. 


Adjutant 
general  may- 
order  certain 
officers  to 
active  duty. 


Massachusetts 

Military 

Academy, 

establishment 

of. 


Academic 
board. 


Commandant. 


Powers  and 
duties. 


Section  17.  Any  officer  violating  any  provision  of  sec- 
tion sixteen  shall  be  punished  by  a  jfine  of  not  more  than  five 
thousand  dollars,  or  by  imprisonment  for  not  more  than 
two  and  one  half  years  in  a  jail  or  house  of  correction  or  not 
less  than  two  and  one  half  nor  more  than  five  years  in  the 
state  prison,  or  by  both  such  fine  and  imprisonment. 

Section  18.  (a)  The  adjutant  general,  upon  recommen- 
dation of  the  commanding  officer  of  a  federally  recognized 
infantry  division  may  order  to  active  duty  three  officers  to 
serve  in  the  division  headquarters.  When  so  ordered  to 
duty,  such  officers  shall  perform  such  duties  appropriate  to 
their  positions  as  may  be  assigned  by  the  commanding 
officer  and  shall  receive  the  same  pay  as  an  officer  of  the 
regular  service  of  corresponding  grade  with  corresponding 
length  of  service  but  not  exceeding  the  pay  of  a  colonel, 
lieutenant  colonel  and  major,  respectively.  To  be  eligible 
for  duty  as  aforesaid,  such  officers  shall  have  federal  recog- 
nition for  both  their  grade  and  position. 

(6)  The  adjutant  general,  upon  recommendation  of  the 
commander  of  a  federally  recognized  air  wing  may  order  to 
active  duty  an  officer  to  perform  such  administrative  duties 
as  may  be  assigned  by  such  commander.  When  so  ordered 
to  duty,  such  officer  shall  receive  the  same  pay  as  an  officer 
of  the  regular  service  of  corresponding  grade  with  corre- 
sponding length  of  service  but  not  to  exceed  the  pay  of 
lieutenant  colonel.  To  be  eligible  for  duty  as  aforesaid  such 
officer  shall  have  federal  recognition  for  both  the  grade  and 
the  position. 

Section  19.  (a)  There  is  hereby  estabhshed  the  Massa- 
chusetts Mifitary  Academy,  hereinafter  called  the  academy, 
which  shall  offer  to  selected  enlisted  persons  and  officers  of 
the  armed  forces  of  the  commonwealth  of  satisfactory  edu- 
cational and  miUtary  attainments  such  courses  of  instruc- 
tion to  prepare  them  for  the  responsibihty  of  commissioned 
command  as  the  commander-in-chief  may  prescribe. 

(b)  Under  such  regulations  as  the  commander-in-chief 
may  prescribe,  the  educational  poUcies,  courses  of  study, 
standards  of  admission  and  graduation  of  the  academy  shall 
be  determined  by  an  academic  board  of  seven  commissioned 
officers  appointed  by  the  commander-in-chief,  at  least  a 
majority  of  whom  shall  be  active  officers  of  the  national 
guard,  army  or  air,  at  the  time  of  their  appointment.  Mem- 
bers of  the  academic  board  shall  serve  for  such  terms  as 
the  commander-in-chief  may  prescribe,  or  until  relieved  by 
his  order. 

(c)  Subject  to  the  approval  of  the  commander-in-chief, 
the  academic  board  shall  appoint  a  commandant  and  an 
assistant  commandant  of  the  academy,  who  shall  serve  for 
such  terms  as  the  academic  board  may  prescribe,  or  until 
their  resignations  are  accepted,  or  until  they  are  relieved 
by  a  majority  vote  of  the  said  board. 

(d)  The  conmiandant  shall  select  faculty  members,  instruc- 
tors and  employees  and  shall  administer  the  academy  in 


Acts,  1954. —  Chap.  590.  529 

accordance  with  such  regulations  as  the  academic  board 
may  prescribe. 

(e)  The  commandant  and  such  other  persons  as  may  be 
detailed  under  the  provisions  of  this  section  shall  receive 
such  pay  and  may  incur  such  expenses  for  the  operation  of  the 
academy  as  may  be  approved  therefor. 

in.    PERSONNEL. 

Officers. 

Section  20.  No  person  shall  be  eligible  to  appointment,  J®ffe";,tion8. 
or  be  appointed,  as  an  ofl&cer  in  the  armed  forces  of  the  appointments', 
commonwealth  who  is  not  a  citizen  of  the  United  States  of  ^^'^' 
eighteen  years  of  age  or  over,  resident  in  the  common- 
wealth, or  who  is  not  certified  as  eUgible  by  the  mihtary 
service  commission  as  provided  in  section  twenty-two;  and 
no  person  shall  be  eligible  to  such  appointment,  or  be  ap- 
pointed, who  is  under  sentence  of  a  court  or  board  which 
disables  him  from  holding  office  or  command,  or  is  under 
suspension  from  command  in  the  armed  forces  of  the  United 
States  or  of  any  state,  or  is  under  sentence  of  imprisonment 
by  a  civil  court,  whether  suspended  or  not,  or  is  made  in- 
eligible to  such  service  under  the  laws  of  the  United  States. 
No  person  shall  receive  a  commission  in  the  national  guard, 
army  or  air,  unless  he  shall  possess  such  minimum  qualifica- 
tions as  may  be  prescribed  by  the  laws  of  the  United  States 
and  has  quaUfied  for  such  commission  thereunder. 

Section  21.    No  person  shall  be  ehgible  to  appointment,  ^y°(fgg|^°?oL 
or  be  appointed,  as  a  legal,  medical,  dental  or  veterinary  when  required. 
commissioned   officer  unless  he  is  duly   registered   in   ac- 
cordance with  the  laws  of  the  commonwealth,  and  complies 
with  its  laws  relative  to  the  practice  of  his  profession. 

Section  22.     (a)  There  shall  be  a  military  service  com-  Military  serv- 
mission,  hereinafter  called  the  commission,  consisting  of  the  estabiXmeit"' 
adjutant    general    and    six    officers    of   the    Massachusetts  of- 
national  guard,  army  and  air.    Three  of  such  officers  shall  be  Membership, 
selected  from  the  army  national  guard,  and  three  of  such  '^"*'^^'  ^*''- 
officers  shall  be  selected  from  the  air  national  guard.     The 
commander-in-chief  shall  initially  detail  two  such  officers  for 
terms  of  one  year  each,  two  such  officers  for  terms  of  two 
years  each  and  two  such  officers  for  terms  of  three  years  each. 
Thereafter  all  officers  will  be  detailed  to  the  commission  for 
terms  of  three  years  by  the  commander-in-chief. 

(6)  The  commission  shall  estabUsh  an  eligible  list  for  all 
commissioned  and  warrant  officer  grades  in  the  armed  forces 
of  the  commonwealth,  and  all  commissioned  officers  of  the 
armed  forces  shall  be  selected  from  the  ehgible  hst  so  estab- 
hshed. 

(c)  The  commission  shall  from  time  to  time  prepare  rules, 
to  take  effect  upon  approval  by  the  commander-in-chief, 
regulating  the  selection  of  persons  to  fill  commissioned  and 
warrant  offices  in  the  armed  forces.  Such  rules  may  be  of 
general  or  Umited  apphcation  and  may  include  provisions 


530  Acts,  1954.  — Chap.  590. 

for  (1)  the  classification  of  all  grades  to  be  filled;  (2)  open, 
competitive  and  other  examinations  to  test  the  practical 
fitness  of  the  applicants;  and  (3)  the  filling  of  vacancies  in 
and  selection  of  persons  for  commission  in  the  armed  forces, 
in  accordance  with  the  fitness  of  appHcants  and  the  results 
of  such  examination. 

(d)  The  commission  may  designate  commissioned  officers 
of  the  armed  forces  of  the  commonwealth  to  act  as  examiners. 

(e)  Members  of  the  commission  and  the  examiners  shall 
receive  such  pay  for  duty  performed,  and  may  incur  such 
expenses,  as  may  be  appropriated  therefor. 

(/)  The  commission  shall  prepare  a  record  of  its  proceedings 
and  findings  in  the  case  of  each  person  appearing  before  it 
for  examination. 

{g)  All  examinations  for  physical  qualifications  to  hold 
oflace  in  the  armed  forces  of  the  commonwealth  shall  be 
made  by  a  board  of  medical  officers  detailed  by  the 
commander-in-chief  for  that  purpose,  which  shall  report  its 
findings  to  the  commission.  If  the  commission  finds  that 
an  officer  reported  to  be  physically  unsound  possesses  pro- 
fessional and  general  quaUfications  of  a  high  order,  and  that 
his  physical  disabilities  will  not  materially  impair  his  effi- 
ciency as  an  officer,  it  may  thereupon  recommend  waiver 
of  such  physical  disabihties.  A  description  of  such  dis- 
abiUties  and  all  reports  and  facts  resulting  in  a  waiver  of  the 
same  shall  be  entered  in  the  miUtary  record  of  the  officer 
concerned. 

(h)  Examinations  for  professional  qualifications  to  hold 
office  in  the  armed  forces  of  the  commonwealth  shall  be  made 
by  a  panel  of  the  commission  consisting  of  those  members 
of  the  component  of  the  candidate. 

{i)  An  officer  certified  as  eUgible  for  his  grade,  if  assigned 
to  duty  in  that  grade,  shall  not  be  required  to  take  another 
examination  under  the  rules  adopted  by  authority  of  sub- 
section (c)  of  this  section  in  order  to  continue  to  hold  the 
same  commission  or  warrant;  provided,  that  the  commission 
may,  by  rule  or  regulation,  limit  the  length  of  time  during 
which  an  applicant's  name  may  remain  on  an  ehgible  fist 
without  re-examination. 

(j)  Subject  to  Article  LIII  of  the  Articles  of  Amendment 
of  the  Constitution,  any  person  certified  as  eligible  for  any 
specific  grade  in  the  national  guard,  army  or  air,  under  the 
laws  of  the  United  States,  and  graduates  of  the  Massachusetts 
Military  Academy,  shall  be  placed  on  the  eUgible  Ust  by  the 
commission  without  professional  examination. 

Succession  of  Command. 
of'ool^aljd  Section  23.     (a)  (1)  A  major  general  of  the  fine,  com- 

manding a  division,  shall  be  appointed  by  the  commander- 
in-chief  from  the  brigadier  generals  of  the  line  who  have 
served  in  such  offices  for  a  period  of  at  least  two  years. 

(2)  When  a  vacancy  occurs  in  the  office  of  a  major  general 
of  the  fine,  commanding  a  division,  and  there  are  no  brigadier 


Acts,  1954.  — Chap.  590.  531 

generals  of  the  line  qualified  as  provided  in  paragraph  (1), 
the  commander-in-chief  will  appoint  one  of  the  brigadier 
generals  of  the  Une  to  serve  as  acting  division  commander 
until  the  appointment  of  a  major  general  becomes  possible. 
If  a  brigadier  general,  appointed  to  serve  as  acting  division 
commander  under  this  subsection,  is  not  appointed  as  a 
major  general,  he  will  revert  to  his  previous  command,  which 
will  not  be  filled  by  promotion  during  the  time  he  serves  as 
acting  division  commander. 

(3)  When  a  vacancy  occurs  in  the  office  of  a  major  general 
of  the  fine,  commanding  a  division,  and  there  is  only  one 
brigadier  general  of  the  fine,  the  commander-in-chief  will 
appoint  such  brigadier  general  either  as  the  division  com- 
mander or  as  acting  division  commander.  If  appointed  to 
be  division  commander,  such  brigadier  general  shall,  when 
he  has  served  for  a  period  of  at  least  two  years  as  a  brigadier 
general  of  the  fine,  be  appointed  by  the  commander-in-chief 
to  the  grade  of  major  general.  If,  however,  a  second  brigadier 
general  of  the  fine  becomes  quaUfied  and  is  appointed  by  the 
commander-in-chief  as  the  division  commander,  the  brigadier 
general  who  has  been  serving  in  an  acting  capacity  shall 
revert  to  his  former  command,  to  which  no  promotion  will 
be  made  during  the  period  that  he  serves  as  acting  division 
commander. 

(4)  When  a  vacancy  occurs  in  the  office  of  a  major  general 
of  the  fine,  commanding  a  division,  and  there  are  no  brigadier 
generals  of  the  fine,  the  commander-in-chief  shall  appoint 
the  senior  officer  then  serving  in  the  division  to  be  the  acting 
division  commander  until  the  appointment  and  quaUfication 
of  a  brigadier  general  of  the  line,  who  shall  then  be  appointed 
by  the  commander-in-chief  under  the  provisions  of  para- 
graph (3). 

(5)  When  a  vacancy  occurs  in  the  office  of  a  major  general 
of  the  fine,  commanding  a  division,  and  the  commander-in- 
chief  fails  to  appoint  a  division  commander  or  acting  division 
commander,  the  senior  fine  officer  then  serving  in  the  division 
shall  issue  an  order  assuming  command,  in  the  following  form : 

■"The  office  of  commanding  general,  Infantry  Divi- 
sion, having  become  vacant  by  (here  state  reasons  why  the  office  is 
vacated),  I,  (name  and  grade),  by  virtue  of  the  fact  that  I  am  the 
senior  line  officer  now  serving  in  said  division,  do  hereby  assume  com- 
mand of  this  division. 

(Signature) 
(Grade)" 

(6)  Any  officer  assuming  command  under  the  provisions 
of  paragraph  (5)  shall  remain  in  command  of  the  division 
until  the  commander-in-chief  shall  make  an  appointment  of 
a  division  commander  under  the  provisions  of  this  section. 

(6)  Brigadier  generals  of  the  fine  shall  be  appointed  by  the 
commander-in-chief  upon  recommendation  of  their  superior 
commander,  if  any,  from  the  colonels  who  have  had  active 
service  for  at  least  two  years  as  such. 


532 


Acts,  1954.  —  Chap.  590. 


Oath  required 
of  commis- 
sioned officers. 


(c)  Regimental  and  separate  organization  commanders 
shall  be  appointed  by  the  commander-in-chief  upon  the 
recommendation  of  superior  commanders,  if  any. 

(d)  All  other  officers  shall  be  appointed  by  the  commander- 
in-chief  upon  the  recommendation  of  appropriate  com- 
manders, approved  by  superior  commanders. 

Section  24-  Every  commissioned  officer,  before  entering 
upon  the  performance  of  his  official  duties  or  exercising  any 
command,  shall  take  and  subscribe  the  following  oaths  and 
declarations : 


1,   ,  do  solemnly  swear  that  I  will  bear  true  faith  and 

allegiance  to  the  commonwealth  of  Massachusetts,  and  will  support 
the  constitution  thereof.     So  help  me,  God. 

I,    ,   do  solemnly  swear  that  I  will  obey  the  lawful 

orders  of  all  my  superior  officers.     So  help  me,  God. 

I,  ,  do  solemnly  swear  that  I  will  faithfully  and  im- 
partially discharge  and  perform  all  the  duties  incumbent  on  me  as 

according  to  the  best  of  my  ability  and  understanding, 

agreeably  to  the  rules  and  regulations  of  the  constitution  and  the 
laws  of  the  commonwealth.     So  help  me,  God. 

I, ,  do  solemnly  swear  that  I  will  support  the  constitu- 
tion of  the  United  States.     So  help  me,  God. 

All  officers  shall  take  and  subscribe  the  said  oaths  before 
any  competent  authority  or  an  officer  quahfied  under  section 
eighty-one  to  administer  oaths,  except  retired  officers  and 
aides-de-camp  of  the  commander-in-chief  who  may  take 
said  oaths  before  any  competent  authority;  and  the  follow- 
ing certificate  shall  be  printed  on  every  commission  and  shall 
be  signed  by  the  person  before  whom  the  officer  is  qualified : 

This  may  certify  that ,  commissioned  as  within  on  this 

day  of ,  A.D., personally  appeared  and  took 

and  subscribed  the  oaths  required  by  the  constitution  and  laws  of  this 
commonwealth  and  by  a  law  of  the  United  States,  to  qualify  him  to 
discharge  the  duties  of  his  office. 

Before  me, 


Physical, 
moral  and 
professional 
qualifications 
for  command. 


Terms  of 
office  of  cer- 
tain officers. 


Section  25.  No  person  commissioned  as  an  officer  or  ap- 
pointed as  a  warrant  officer  in  the  national  guard,  army  or 
air,  shall  enter  upon  the  performance  of  his  official  duties  'or 
exercise  any  command  unless  he  shall  possess  such  minimum 
qualifications,  and  shall  have  passed  such  other  tests  as  to 
his  physical,  moral  and  professional  fitness,  as  are  prescribed 
by  the  laws  of  the  United  States,  and  shall  have  taken  and 
subscribed  to  the  oath  of  office.  The  commander-in-chief 
shall  forthwith  discharge,  or  place  upon  the  retired  Ust  under 
section  thirty-one,  unless  further  time  is  allowed  for  cause, 
any  officer  faiUng  to  pass  the  tests  required  by  this  chapter 
or  the  laws  of  the  United  States  and  the  regulations  issued 
thereunder. 

Section  26.  The  term  of  office  of  a  major  general  of  the 
line  shall  be  five  years.  The  term  of  office  of  a  brigadier 
general  of  the  fine  shall  be  six  years.  The  term  of  office  of  a 
colonel  of  a  regiment  or  of  an  artillery  or  air  group,  except  an 


Acts,  1954. —  Chap.  590.  533 

air  medical  group,  shall  be  seven  years.  The  terms  of  office 
aforesaid  shall  commence  from  the  date  of  appointment. 
Ofliicers  so  appointed  shall  be  ineligible  for  reappointment  in 
the  same  office.  The  time  during  which  an  officer  is  in  the 
mihtary  service  of  the  United  States  under  section  one  hun- 
dred and  eleven  of  the  National  Defense  Act  shall  be  ex- 
cluded from  the  term  herein  specified. 

Section  27.  Seniority  of  officers  of  the  same  grade  shall  ^'■g*n™j."ty"°° 
be  determined  by  their  date  of  rank,  which  shall  be  their  of  officers. 
date  of  appointment.  Between  officers  of  the  same  grade 
and  date  of  rank  the  relative  rank  shall  be  determined  by 
considering  dates  of  rank  in  lower  grades  in  the  armed  forces 
of  the  commonwealth,  commissioned,  warrant  and  enlisted, 
until  seniority  is  established.  If  seniority  is  not  so  estab- 
Ushed  it  Avill  be  decided  by  relative  age.  The  day  of  the 
appointment  of  an  officer  shall  be  stated  in  his  commission 
and  shall  be  considered  as  the  date  thereof. 

Section  28.     Officers  shall  provide  themselves  with  uni-  ^t^'^"™®- 
forms  and  equipment  prescribed  by  the  commander-in-chief. 

Section  29.  (a)  At  any  time  the  moral  character,  capacity  Efficiency 
and  general  fitness  for  the  service  of  any  officer  may  be  in-  esTobiiahed. 
vestigated  and  determined  by  an  efficiency  board  of  three 
commissioned  officers,  senior  in  rank  to  him,  to  be  desig- 
nated by  the  commander-in-chief.  The  investigation  may 
include  misconduct  in  civil  hfe  for  which  the  officer  is  not 
amenable  to  court-martial.  If  the  findings  of  the  board  are 
unfavorable  to  the  officer  and  are  approved  by  the  com- 
mander-in-chief, the  officer  shall  be  discharged. 

(6)  An  officer  may  be  honorably  discharged  by  the  com- 
mander-in-chief upon  removal  from  the  commonwealth,  upon 
tender  of  resignation,  or  when  he  accepts  an  appointment  in 
a  regular  component  or  in  another  reserve  component  of 
the  armed  forces  of  the  United  States. 

(c)  The  commander-in-chief  may  discharge  an  officer  who 
is  under  sentence  of  imprisonment  by  a  civil  court,  whether 
suspended  or  not,  or  who  has  been  absent  without  leave  for 
two  months  continuously. 

Section  SO.     Officers  discharged  from  the  service  of  the  Certificate  of 
commonwealth  shall  be  entitled  to  a  certificate  of  discharge,  '^'^'''^^'■ge. 
in  such  form  as  the  commander-in-chief  shall  direct. 

Section  31 .    Any  officer  in  the  military  forces  of  the  com-  Retired  Ust. 
mon wealth  at  the  age  of  sixty-five  shall  be  honorably  dis- 
charged, or  upon  his  own  request,  placed  upon  the  retired 
list  with  the  highest  grade  held  by  him  in  the  active  mih- 
tary service. 

Any  member  of  the  armed  forces  of  the  commonwealth, 
with  five  or  more  years  service  as  an  officer  and  service  in 
time  of  war  in  the  armed  forces  of  the  United  States,  or 
fifteen  years  total  service  as  an  officer,  may  be  placed  upon 
the  retired  list  with  any  grade  held  by  him  in  the  active  miU- 
tary  service  or  one  grade  higher,  but  in  any  case  not  to  ex- 
ceed the  grade  of  major  general. 

An  officer  upon  the  retired  Ust  accepting  a  commission  in 


534 


Acts,  1954. —  Chap.  590. 


Commander- 
in-chief  may 
require 
physical 
examinations. 


Rights  and 
duties  of 
retired 
officers. 


Enlisted 
personnel. 


Promotions, 
etc. 


Dishonorable 
discharge. 


Certificate  of 
discharge. 


the  active  military  forces  of  the  commonwealth  may  again 
be  placed  upon  said  retired  list,  at  his  own  request,  with  his 
former  grade  on  the  retired  list,  or  any  lower  grade. 

Section  32.  The  commander-in-chief  may  order  any  oflB- 
cer  before  a  medical  board  consisting  of  at  least  three 
medical  officers,  and  if  the  board  reports  such  officer  to  be 
physically  unable  to  perform  the  duties  of  his  office,  the 
commander-in-chief  may  discharge  him  or  place  him  on  the 
retired  list. 

Section  33.  Retired  officers  shall  be  commissioned  on  the 
retired  Ust  by  the  commander-in-chief,  by  regulations  pro- 
mulgated by  him,  and  on  occasions  of  ceremony  may,  and 
when  acting  under  orders  as  hereinafter  provided  shall  wear 
the  uniform  of  their  retired  grade.  They  shall  be  ehgible  to 
perform  any  military  duty  to  the  same  extent  as  if  not  re- 
tired, and  the  commander-in-chief  may  require  them  to 
serve  upon  military  boards,  courts  of  inquiry  and  courts- 
martial,  or  to  perform  any  other  duty,  and  while  actively 
engaged  in  such  duty  they  shall  receive  the  pay  and  allow- 
ances under  the  provisions  of  subsection  (a)  of  section  eighty- 
three.  They  shall  be  amenable  to  court-martial  for  military 
offenses. 

Enlisted  Personnel. 

Section  34.  The  conmiander-in-chief  may,  by  regula- 
tions, prescribe  the  requirements  for  the  enlistment,  service 
and  discharge  of  enUsted  personnel,  as  he  deems  necessary. 

Section  35.  The  commander-in-chief  shall  provide,  by 
regulations,  how  and  by  whom  noncommissioned  officers  and 
other  enlisted  personnel  shall  be  appointed,  promoted  and 
reduced. 

Section  36.  A  dishonorable  discharge  shall  be  given  only 
to  carry  out  the  sentence  of  a  court-martial. 

Section  37.  Discharged  enUsted  personnel  shall  be  fur- 
nished with  a  certificate  of  discharge  which  shall  clearly  state 
their  grade  and  the  reason  for  their  discharge. 


Commander- 
in-chief  may 
order  out 
militia. 
Duty  without 
common- 
wealth. 


Call  of  militia 
to  repel  in- 
vasion or 
insurrection. 

Call  of  militia 
in  case  of 
tumult,  riot, 
etc. 


IV.     OPERATIONS   AND   TRAINING. 

Section  38.  The  commander-in-chief  may  order  out  any 
part  of  the  organized  militia  for  escort  and  other  duties. 

Section  39.  Except  by  order  of  the  commander-in-chief, 
or  with  his  consent,  no  unit  of  the  armed  forces  of  the  com- 
monwealth shall  be  ordered  without  the  Umits  of  the  com- 
monwealth or  leave  the  commonwealth  for  any  period  or 
purpose  whatever,  with  military  property  of  the  United 
States  or  of  the  commonwealth  in  its  possession  or  use. 

Section  Ifi.  The  commander-in-chief  shall  order  out  the 
armed  forces  to  repel  an  invasion  or  to  suppress  an  in- 
surrection made  or  threatened. 

Section  41-  In  case  of  a  tumult,  riot,  mob  or  body  of  per- 
sons acting  together  by  force  to  violate  or  resist  the  laws  of 
the  commonwealth,  or  when  such  tumult,  riot  or  mob  is 


Acts,  1954.  — Chap.  590.  535 

threatened,  and  the  usual  police  provisions  are  inadequate 
to  preserve  order  and  afford  protection  to  persons  and  prop- 
erty, and  the  fact  appears  to  the  commander-in-chief,  to  the 
sheriff  of  a  county,  to  the  mayor  or  city  manager  of  a  city 
or  to  the  selectmen  of  a  town,  the  commander-in-chief,  upon 
his  initiative  or  at  the  request  of  such  sheriff,  mayor  or  city 
manager  or  selectmen,  may  issue  his  order  directed  to  the 
commander  of  any  organization  or  unit  of  the  armed  forces 
of  the  commonwealth  directing  him  to  order  his  command, 
or  any  part  thereof,  to  appear  at  a  time  and  place  therein 
specified  to  aid  the  civil  authority  in  suppressing  such  viola- 
tions and  supporting  the  laws. 

Section  42.    In  case  of  public  catastrophe  or  natural  dis-  caii  of  miiitia 
aster,  other  than  referred  to  in  section  forty-one,  and  when  jfubuc^cftas- 
the  usual  police  provisions  are  inadequate  to  preserve  order  trophe  or 
and  afford  protection  to  persons  and  property,  and  the  fact  dfsaTter. 
appears  to  the  commander-in-chief,  to  the  sheriff  of  a  county, 
to  the  mayor  or  city  manager  of  a  city  or  to  the  selectmen 
of  a  town,  the  commander-in-chief  may  issue  his  order,  or 
such  sheriff,  mayor,  city  manager  or  selectmen  may  issue 
a  precept,  directed  to  the  commander  of  any  organization 
or  unit  of  the  armed  forces  of  the  commonwealth,  within  the 
county  of  the  sheriff,  the  city  of  the  mayor  or  city  manager, 
or  the  town  of  the  selectmen  issuing  such  order  or  precept, 
directing  him  to  order  his  command,  or  any  part  thereof,  to 
appear  at  a  time  and  place  therein  specified  to  aid  the  civil 
authority  in  preserving  order,  affording  such  protection  and 
supporting  the  laws;  which  precept  shall  be  in  substance  as 
follows:  — 

Commonwealth  of  Massachusetts. 
To   (insert  the  officer's  title)  A.B.,  commanding  (insert  his  com-  Form  of 

mand).  precept. 

Whereas,  It  appears  to  (the  sheriff,  mayor,  city  manager  or  the 
selectmen)  of  the  (county,  city  or  town)  of  ,  that  (here 

state  one  or  more  of  the  causes  above  mentioned)  in  our 
of  ,  and  that  military  force  is  necessary  to  aid  the 

civil  authority.     Now,  therefore,  we  command  you  that  you  cause 
(the  command  or  such  part  thereof  as  may  be  desired),  armed  and 
equipped  with  ammunition  and  with  proper  officers,   to  appear  at 
,  on  ,  then  and  there  to  obey  such  orders  as 

may  be  given  according  to  law.  Hereof  fail  not  at  your  peril,  and 
have  you  there  this  precept  with  your  doings  returned  thereon. 

This  precept  shall  be  signed  by  the  sheriff,  mayor,  city 
manager  or  selectmen,  and  may  be  varied  to  suit  the  cir- 
cumstances of  the  case;  and  a  copy  of  the  same  shall  im- 
mediately be  forwarded  by  the  sheriff,  mayor,  city  manager 
or  selectmen  to  the  commander-in-chief. 

Section  43.    Whenever  practicable  all  orders  issued  under  orders  to  be 
section  forty-one  or  section  forty-two  shall  be  in  writing  ^"c^'*'"^' 
and  signed  by  the  civil  officers  or  persons  issuing  the  same. 
Such  orders  shall  set  forth  the  purpose  to  be  accomplished  Contents 
by  the  mihtary  officer  to  whom  addressed,  but  shall  not  *^^''^°^- 
prescribe  the  naiUtary  measures  to  be  used  or  the  orders  to 


536 


Acts,  1954. —  Chap.  590. 


Duty  of 
commander 
of  unit. 


Penalty  for 
disobedience. 


Troops  to 
appear  armed, 
etc. 


Excused  from 
duty. 


Punishment 
for  absence 
without  leave. 


Expenditures. 


Expense  of 
service  of 
militia,  how 
assessed. 


Right  of  way 
for  convoys, 
etc.,  granted. 


be  issued  by  such  officer,  who  shall  use  such  measures  and 
issue  such  orders  as  he  deems  necessary  to  accomplish  the 
purpose  indicated. 

Section  44-  The  officer  to  whom  the  order  of  the  com- 
mander-in-chief, or  a  precept  under  section  forty-two,  is  di- 
rected shall  forthwith  order  the  troops  therein  called  for 
to  appear  at  the  time  and  place  appointed,  and  shall  im- 
mediately notify  the  commander-in-chief  of  his  order,  in 
the  most  expeditious  manner,  and  also  by  letter  through  the 
usual  military  channels. 

Section  43.  If  an  officer  neglects  or  refuses  to  obey  such 
order  of  the  commander-in-chief  or  such  precept,  or  if  any 
officer  or  enUsted  person  fails  to  obey  an  order  issued  in 
pursuance  thereof,  he  shall  be  punished  as  a  court-martial 
may  direct. 

Section  4^-  The  troops  shall  appear  at  the  time  and  place 
appointed  by  the  order  or  precept  issued  under  section  forty- 
one  or  forty-two,  armed  and  equipped,  and  shall  obey  and 
execute  such  orders  as  they  have  received,  or  such  additional 
orders  as  they  may  then  and  there  or  thereafter  receive  from 
the  commander-in-chief,  or  from  an  officer  or  person  acting 
under  section  forty-two. 

Section  4'^ -  No  officer  or  enlisted  person  of  the  armed 
forces  of  the  commonwealth,  not  on  leave  of  absence,  shall 
be  excused  from  duty  when  ordered  out  under  section  thirty- 
eight,  forty,  forty-one  or  forty-two,  except  upon  a  physician's 
certificate  of  disability.  If  an  officer  or  enlisted  person  is 
absent  without  leave  and  does  not  produce  such  certificate 
to  his  commanding  officer,  he  may  be  tried  by  court-martial 
for  desertion  or  absence  without  leave.  Sickness  shall  not 
be  an  excuse  unless  he  procures  a  certificate  or  satisfies  the 
court-martial  that  he  was  unable  to  procure  the  same. 

Section  48.  The  governor  may  expend  for  carrying  out 
the  provisions  of  sections  thirty-eight,  forty,  forty-one,  forty- 
two,  fifty-four,  sixty  and  sixty-one,  such  sums  as  may  be  ap- 
propriated therefor. 

Section  49.  Upon  the  termination  of  any  service  of  the 
armed  forces  of  the  commonwealth  under  a  precept  in  ac- 
cordance with  section  forty-two,  or  under  an  order  of  the 
commander-in-chief  at  the  request  of  such  sheriff,  mayor, 
city  manager  or  selectmen  under  section  forty-one,  the 
adjutant  general  shall  certify  to  the  state  treasurer  the 
expense  of  said  service,  and  the  state  treasurer  shall  there- 
upon assess  said  expense  in  the  manner  provided  for  by 
section  twenty  of  chapter  fifty-nine. 

Section  50.  The  armed  forces  of  the  United  States  and 
any  part  of  the  armed  forces  of  the  commonwealth  parading 
or  performing  any  duty  according  to  law  shall  have  the 
right  of  way  in  any  street  or  highway  through  which  they 
may  pass,  and  drivers  of  vehicles  in  a  military  convoy,  con- 
sisting of  five  or  more  vehicles,  may  drive  such  vehicles 
through  an  intersection  of  ways  contrary  to  any  traffic 
signs  or  signals  regulating  traffic  at  such  intersection,  if  a 


Acts,  1954.  —  Chap.  590.  537 

police  officer  or  duly  authorized  member  of  the  military 
service  is  then  stationed  at  such  intersection  to  regulate 
traffic;  provided,  that  the  carriage  of  the  United  States 
mails,  the  legitimate  functions  of  the  police,  and  the  progress 
and  operation  of  fire  departments  shall  not  be  interfered  with 
thereby. 

Section  51.  When  on  duty  under  orders  of  the  com-  NoUabmty 
mander-in-chief,  the  armed  forces  of  the  commonwealth  u°ndlTo?ders. 
may  enter  upon  and  occupy  any  pubHc  or  private  lands 
within  the  commonwealth  for  the  necessary  purposes  of 
such  duty,  and  no  officer  or  enlisted  person  shall  thereby 
become  liable,  either  civilly  or  criminally,  for  trespass;  but 
except  in  times  of  invasion,  insurrection,  riot,  natural  dis- 
aster, public  catastrophe  or  danger,  no  organization  of  the 
armed  forces  nor  individual  members  thereof  shall  be  per- 
mitted to  enter  houses  or  other  buildings  or  their  immediate 
enclosures,  without  the  consent  of  the  owner  or  tenant  in 
possession,  nor  to  go  upon  the  gardens,  lawns,  tobacco  fields, 
cranberry  bogs,  vineyards,  nurseries,  planted  fields,  orchards 
or  cemeteries  unless  extreme  necessity  for  such  entry  exists, 
and  then  only  in  obedience  to  the  specific  orders  of  the 
senior  officer  present. 

Section  52.    In  the  case  of  land  entered  upon  under  sec-  compensation 
tion  fifty-one  for  an  encampment  or  other  substantial  occu-  \?'^  "^'"14" 

1  1  rill  •  1  •         1  damage  to 

pancy,  the  owner  thereof  shall  receive  damages  in  the  nature  private 
of  compensation  for  the  use  of  the  land  and  for  any  injury  authorized. 
to  the  same  resulting  from  such  occupancy;  and  in  the  case 
of  land  so  entered  upon  or  passed  over  in  the  course  of  ma- 
neuvers, field  exercises,  or  any  similar  transient  purposes, 
the  owner  shall  receive  damages  for  any  injury  to  the  same 
resulting  from  such  entry,  but  shall  not  be  entitled  to  com- 
pensation for  the  use  of  the  land.  The  amount  of  damages 
to  be  paid  by  the  commonwealth  under  this  section  shall  be 
as  agreed  upon  by  the  owner  of  the  land  with  an  officer  or 
board  of  officers  appointed  by  the  commander-in-chief  to 
adjust  the  claim;  provided,  that  if  the  parties  are  unable  to 
agree,  the  damages  shall  be  assessed  under  chapter  seventy- 
nine. 

Section  58.    No  officer  or  enHsted  person  shall  be  Hable,  NoUaWiity 
either  civilly  or  criminally,  for  any  damage  to  property  or  [J^^'def orders. 
injury  to  any  person,  including  death  resulting  therefrom,  Exception. 
caused  by  him  or  by  his  order,  while  performing  any  mihtary 
duty  lawfully  ordered  under  any  provision  of  this  chapter, 
unless  the  act  or  order  causing  such  damage  or  injury  was 
manifestly  beyond  the  scope  of  the  authority  of  such  officer 
or  enlisted  person. 

Section  51^.    When  the  entire  armed  forces  of  the  common-  Additional 
wealth  have  been  ordered  out  under  section  forty,  forty-one  [°ken*f°r(!'m 
or  forty-two,  and  a  further  force  is  required,  it  shall  be  taken  unorganized 
from  the  unorganized  militia,  as  provided  in  section  fifty-  ™'  ''^"*^'  ^  ^°' 
five. 

Section  55.    When  necessary  to  call  out  any  part  of  the  caii  of  un- 
unorganized  militia  for  duty,  the  commander-in-chief  shall  organized 


538 


Acts,  1954. —  Chap.  590. 


militia,  how 
acoomplislied. 


Unorganized 
militia  to 
be  mustered 
into  service, 
when,  etc. 


Performance 
of  military 
duty  when 
election  polls 
are  open, 
forbidden. 


Exemption 
from  jury 
duty  and 
civil  arrest. 


No  loss  of 
pay  or 
vacation  for 
certain  state 
and  municipal 
employees  in 
militia. 


issue  a  proclamation  directed  to  the  mayors  or  city  managers 
and  selectmen,  who  shall  forthwith,  by  written  order  or  oral 
notice  to  each  individual,  or  by  proclamation  on  their  part, 
appoint  a  time  and  place  for  the  assembhng  of  the  un- 
organized miUtia  in  their  respective  cities  and  towns,  and 
shall  then  and  there  draft  as  many  thereof,  or  accept  as 
many  volunteers,  as  are  required  by  the  order  of  the  com- 
mander-in-chief, and  shall  forthwith  forward  to  him  a  Hst 
of  the  persons  so  drafted  or  accepted  as  volunteers. 

Section  66.  The  part  of  the  unorganized  militia  so  drafted 
or  accepted  shall  immediately  be  mustered  under  the  orders 
of  the  commander-in-chief  into  the  service  of  the  common- 
wealth for  three  years,  or  for  such  less  period  as  he  may 
direct,  and  shall  be  organized  into  new  units,  or  assigned  to 
organizations  of  the  organized  militia  then  existing.  Such 
new  organizations  shall  be  officered,  equipped,  trained  and 
governed  according  to  the  laws  for  the  government  of  the 
organized  militia.  The  commander-in-chief  may  detail  of- 
ficers to  train  and  command  such  new  organizations  until 
their  officers  shall  have  qualified.  Every  member  of  the 
unorganized  miUtia  who  volunteers  or  is  drafted,  who  does 
not  appear  to  be  mustered  in  as  required  by  the  orders  of  the 
commander-in-chief,  and  does  not  produce  a  sworn  cer- 
tificate from  a  physician  in  good  standing  of  physical  dis- 
abihty  so  to  appear,  shall  be  prima  facie  a  deserter  and  upon 
conviction  thereof  shall  be  punished  as  a  court-martial  may 
direct. 

Section  57.  Except  while  on  duty  under  section  forty, 
forty-one,  forty-two  or  sixty,  or  in  obedience  to  the  com- 
mander-in-chief, no  officer  or  enlisted  person  shall  be  re- 
quired to  perform  miUtary  duty  during  the  time  when  polls 
are  open  for  an  election  in  the  city  or  town  where  he  resides; 
and  an  ofiicer  parading  his  unit,  or  ordering  it  to  duty, 
contrary  to  this  section,  shall  be  hable  to  trial  and  punish- 
ment as  a  court-martial  may  direct. 

Section  68.  Members  of  the  armed  forces  of  the  common- 
wealth shall  not  be  liable  for  jury  duty,  and  any  citizen  who 
has  served  for  nine  years  in  the  armed  forces  of  the  common- 
wealth, or  whose  total  faithful  service  in  the  armed  forces 
of  the  commonwealth  and  in  the  armed  forces  of  the  United 
States  in  time  of  war  equals  nine  years,  shall  be  exempt  for 
Ufe  from  jury  duty.  No  officer  or  enfisted  person  shall  be 
arrested  on  civil  process  while  going  to,  remaining  at  or 
returning  from  a  place  where  he  is  ordered  to  attend  for 
mifitary  duty  under  section  thirty-eight,  forty,  forty-one, 
forty-two,  sixty  or  sixty-one. 

Section  69.  Any  person  in  the  service  of  the  common- 
wealth, or  of  a  county,  city  or  town  which,  by  vote  of  its 
county  commissioners  or  city  council  or  of  its  inhabitants 
at  a  town  meeting,  accepts  this  section,  or  has  accepted 
similar  provisions  of  earlier  laws,  shall  be  entitled,  during 
the  time  of  his  service  in  the  armed  forces  of  the  common- 
wealth, under  section  thirty-eight,  forty,  forty-one,  forty- 


Acts,  1954. —  Chap.  590.  539 

two  or  sixty,  or  during  his  annual  tour  of  duty  of  not  ex- 
ceeding fifteen  days  as  a  member  of  a  reserve  component 
of  the  armed  forces  of  the  United  States,  to  receive  pay 
therefor,  without  loss  of  his  ordinary  remuneration  as  an 
employee  or  official  of  the  commonwealth,  or  of  such  county, 
city  or  town,  and  shall  also  be  entitled  to  the  same  leaves  of 
absence  or  vacation  with  pay  given  to  other  hke  employees 
or  officials. 

Section  60.     The    armed    forces    of   the    commonwealth  o"t"afnir"°^ 
shall  perform  during  each  year  not  less  than  fifteen  days'  required. 
training  under  service  conditions  at  times  and  places  desig- 
nated by  the  commander-in-chief. 

Section  61.    (a)  In  addition  to  the  duty  required  by  sec-  Assemblies 
tion  thirty-eight,  forty,  forty-one,  forty-two  or  sixty,  every  t^aiL^inR*!'"^ 
unit  of  the  armed  forces  of  the  commonwealth  shall  assem-  required. 
ble  for  training  at  least  forty-eight  times  in  each  year,  and 
oftener  if  so  directed  by  the  unit  or  organization  commander. 
Organization  drills  and  parades  may  be  held  in  place  of  unit 
drills,  and  transportation  to  and  from  the  place  of  such  drills 
and  parades  shall  be  furnished  for  the  units  composing  the 
organization,  if  authorized  by  the  commander-in-chief. 

(b)  Organization  and  unit  commanders  may  call  meetings 
of  instruction  for  the  noncommissioned  officers  of  their  com- 
mands as  they  deem  necessary. 

Section  62.     Organization  commanders  may  hold  meet-  Meetings  of 
ings  of  instruction  for  the  officers  of  their  commands  four  for  officer" 
times  each  year.     Mileage  may  be  paid  when  approved  in 
advance  by  the  adjutant  general. 

Section  63.  Organization  commanders  or  their  representa-  Unit  visits  by 
tives  shall  visit  the  units  of  their  commands  not  less  than  commanders. 
four  times  each  year. 

Section  6 A.     The  governor,  with  the  advice  and  consent  Traffic  naay 

e    .-I  M  11  1  1,-  1  be  excluded 

of  the  council,  and  under  such  regulations  as  he  may  pre-  from  highways 
scribe,   may  exclude  traffic  from  highways  during  target  neuve1-s?etc. 
practice  or  maneuvers  of  any  organization  or  unit  of  the 
armed  forces  of  the  United  States  or  of  any  state  thereof, 
whenever  he  deems  that  public  convenience  or  safety  so  re- 
quires. 

Section  65.     Every  commanding  officer,  when  on  duty,  Bounds  of 
may  fix  necessary  bounds  and  limits  to  his  parade  or  en-  encampments. 
campment,   but  not  including  a  public  road  within  such 
bounds  in  such  manner  as  to  prevent  traveling  thereon, 
within  which  bounds  and  limits  no  person  shall  enter  with- 
out his  leave.     Whoever  intrudes  within  the  limits  of  the  Penalty  for 
parade   or   encampment,    after   being   forbidden,    may   be  '°*''"3'°°- 
ejected,  forcibly  if  necessary,   or  may  be  confined  under 
guard  during  the  time  of  parade  or  encampment,  or  during 
a  shorter  time,  at  the  discretion  of  the  commanding  officer; 
and  whoever  resists  a  sentry  may  be  arrested  by  order  of  the 
commanding  officer  and  dealt  with  as  provided  in  section 
sixty-six. 

Section  66.     Whoever  interrupts,  molests  or  insults,  by  Penalty  for 
abusive  words  or  behavior,  or  obstructs,  any  officer  or  en-  ™°'®^*i°8°'' 


540 


Acts,  1954. —  Chap.  590. 


insulting 
troops  on 
duty. 


listed  person  while  on  duty  or  at  any  parade,  drill  or  assembly 
for  military  purposes,  may  immediately  be  put  under  guard 
and  kept  at  the  discretion  of  the  commanding  officer  until 
the  duty,, drill,  parade  or  assembly  is  concluded;  and  may 
be  deUvered  into  the  custody  of  any  pohce  officer  of  the  city 
or  town  where  such  duty,  parade,  drill  or  assembly  is  held, 
who  shall  detain  him  in  custody  for  examination  or  trial  be- 
fore a  court  having  jurisdiction  of  the  place;  and  any  person 
found  guilty  of  any  of  the  offences  enumerated  in  this  section, 
or  in  section  sixty-five  or  one  hundred  and  twentj'-three,  or 
of  obstructing  or  interfering  with  the  armed  forces  of  the 
United  States  or  any  part  of  the  armed  forces  of  the  com- 
monwealth in  the  exercise  or  enjoyment  of  the  right  of  way 
granted  by  section  fifty,  shall  be  punished  by  a  fine  of  not 
more  than  one  hundred  dollars  or  by  imprisonment  for  not 
more  than  six  months. 


Awarding  of 
medals  and 
decorations, 
regulated. 


V.    AWARDS    AND    DECORATIONS. 

Section  67.  (a)  To  each  member  who  completes  nine 
years  of  honorable  service  in  the  armed  forces  of  the  com- 
monwealth, there  shall  be  awarded  a  medal,  and  for  each 
additional  five  years  of  like  service  a  clasp  to  be  affixed  to 
the  ribbon  pendant  thereof.  Members  of  the  armed  forces 
of  the  commonwealth,  active,  retired  or  honorably  dis- 
charged, who  have  served  in  the  armed  forces  of  the  United 
States  in  time  of  war  and  have  been  honorably  discharged 
therefrom,  shall  receive  a  clasp  indicative  of  such  service, 
to  be  affixed  to  the  ribbon  pendant  of  the  medal  herein  pro- 
vided. 

(h)  The  adjutant  general  and  two  field  grade  officers 
of  the  armed  forces  of  the  commonwealth,  detailed  by  the 
commander-in-chief,  shall  act  as  a  medal  of  valor  commis- 
sion, and  may  receive  recommendations,  through  military 
channels,  for  the  award  of  the  medal  of  valor  to  a  member 
of  the  armed  forces  of  the  commonwealth,  who,  by  reason 
of  conspicuous  gallantry  at  the  risk  of  his  Ufe,  above  and  be- 
yond the  call  of  duty,  while  on  mihtary  service,  is  recom- 
mended for  the  award  of  said  medal  of  valor. 

(c)  The  adjutant  general  and  two  field  grade  officers 
of  the  armed  forces  of  the  commonwealth,  detailed  by  the 
commander-in-chief,  shall  constitute  a  commission  to  receive 
recommendations,  through  mihtary  channels,  for  the  award 
of  the  Massachusetts  mihtary  medal  to  a  member  of  the 
armed  forces  of  the  commonwealth  who,  while  on  mihtary 
service,  performed  a  singularly  meritorious  act  of  heroism 
which  distinguished  him  above  his  comrades. 

id)  The  adjutant  general  and  two  field  grade  officers  of 
the  armed  forces  of  the  commonwealth,  detailed  by  the 
commander-in-chief,  shall  act  as  a  Massachusetts  medal 
of  merit  commission,  and  may  receive  recommendations, 
through  military  channels,  for  the  award  of  the  medal  of 
merit  to  a  member  of  the  armed  forces  of  the  commonwealth 


Acts,  1954. —  Chap.  590.  541 

who  has  distinguished  himself  by  exceptionally  meritorious 
conduct  in  performing  outstanding  services  while  a  mem- 
ber of  the  armed  forces  of  the  commonwealth. 

(e)  Commissions  constituted  under  subsections  (b),  (c) 
and  (d)  of  this  section  shall,  after  careful  investigation,  re- 
port their  findings  and  recommendations  to  the  commander- 
in-chief,  who,  if  the  award  appears  justified,  shall  confer 
upon  the  member  the  medal  recommended. 

Not  more  than  one  medal  of  valor,  Massachusetts  mili- 
tary medal  or  medal  of  merit,  shall  be  awarded  to  any  per- 
son, but  a  suitable  clasp  shall  be  awarded,  under  the  same 
conditions. 

The  design  of  the  medals  hereinbefore  referred  to  shall  be 
approved  by  the  art  commission  for  the  commonwealth. 

The  Massachusetts  medal  of  merit  shall  not  be  awarded 
posthumously. 

Section  68.      Money    or    other    suitable    prizes   may    be  Awards  of 
awarded  for  shooting,  athletic  or  other  competitions  in  the  ™ri°eTfor 
armed  forces  of  the  commonwealth,  under  such  regulations  certain  feats. 
as  the  commander-in-chief  shall  determine,  which  prizes  shall 
be  paid  or  furnished  by  the  commonwealth. 

VI.    MILITARY   JUSTICE. 

Section  69.  The  military  courts  of  the  armed  forces  of  Military 
the  commonwealth  shall  be  courts  of  inquiry,  general  courts-  cCnstftuted. 
martial,  special  courts-martial  and  summary  courts-martial. 
They  shall  be  constituted  like,  and  have  cognizance  of  the 
same  subjects,  and  possess  Uke  powers,  except  as  to  punish- 
ment, as  similar  courts  provided  for  by  the  laws  and  regu- 
lations governing  the  armed  forces  of  the  United  States,  and 
proceedings  of  courts-martial  shall  follow  the  forms  and 
modes  of  procedure  prescribed  for  said  similar  courts,  ex- 
cept as  expressly  modified  by  this  chapter. 

Section  70.    Courts  of  inquiry,  to  consist  of  from  one  to  courts  of 
three  officers  of  at  least  equal  grade  with  the  officer,  or  with  -uri^dil^tion. 
the  senior  officer  if  there  be  more  than  one,  in  regard  to  whom  etc 
the  court  is  convened,  may  be  convened  by  the  commander- 
in-chief  or  by  such  commanding  officers  authorized  thereto 
by  the  commander-in-chief  in  orders  to  examine  into  the 
nature  of  any  transaction  of  or  accusation  or  imputation 
against  any  officer. 

Section  71.     General  courts-martial  of  the  armed  forces  General 
of  the  commonwealth  may  be  convened  by  the  commander-  how  M^venld' 
in-chief,  and  may  impose  one  or  more  of  the  following  punish-  etc 
ments  or  sentences  for  each  offense:  —  (1)  fine,  not  exceeding 
two  hundred  dollars;    (2)  forfeiture  of  pay  and  allowances; 
(3)  reprimand;   (4)  dismissal  or  dishonorable  discharge  from 
the  service;   (5)  reduction  of  noncommissioned  officers. 

Section  72.    The  commanding  officer  of  a  division,  brigade,  special 
air  wing  or  other  separate  commands  may  convene  special  j'urisdTcUon,"''' 
courts-martial  for  his  command,  but  such  special  courts-  powers,  etc' 
martial  may  in  any  case  be  convened  by  superior  authority 


542 


Acts,  1954. —  Chap.  590. 


Summary 
courts-martial. 


Jurisdiction, 
powers,  etc. 


Disciplinary 
punishment 
for  minor 
offenses, 
authorized. 


when  by  the  latter  deemed  desirable.  Special  courts-martial 
shall  have  power  to  try  any  person  subject  to  military  law, 
except  a  commissioned  officer,  for  any  crime  or  offense  made 
punishable  by  the  Uniform  Code  of  Military  Justice,  or  by 
the  provisions  of  this  chapter.  Special  courts-martial  shall 
have  the  same  powers  of  punishment  as  do  general  courts- 
martial,  except  that  fines  imposed  by  them  shall  not  exceed 
one  hundred  dollars. 

Section  73.  Commanding  officers  authorized  to  convene 
special  courts-martial,  and  commanding  officers  of  regi- 
ments, battalions,  companies,  and  equivalent  air  units,  may 
convene  for  their  commands  summary  courts-martial  to  con- 
sist of  one  commissioned  officer.  Summary  courts-martial 
shall  have  power  to  try  enlisted  personnel  for  an}--  non-capital 
offense  made  punishable  by  the  Uniform  Code  of  Military 
Justice  or  by  the  provisions  of  this  chapter.  Personnel 
above  the  grade  of  corporal  or  similar  grade  in  air  units  shall 
not  be  tried  by  summary  courts-martial  ii  they  object  thereto 
before  arraignment.  Summary  courts-martial  shall  have 
power  to  impose  a  fine  not  exceeding  twenty-five  dollars  for 
any  single  offense  and  may  reduce  noncommissioned  officers. 
The  proceedings  of  such  court  shall  be  informal  and  the 
record  thereof  shall  be  substantially  the  same  as  that  pre- 
scribed for  the  armed  forces  of  the  United  States. 

Section  74-  (a)  Under  such  regulations  as  the  commander- 
in-chief  may  prescribe,  any  commanding  officer  may,  in 
addition  to  or  in  lieu  of  admonition  or  reprimand,  impose  one 
of  the  following  disciplinary  punishments  for  minor  offenses 
without  the  intervention  of  a  court-martial : 

(1)  Upon  any  member  of  his  command,  the  withholding 
of  privileges  for  a  period  not  to  exceed  two  consecutive  weeks, 
or  restriction  to  certain  specified  limits  for  a  similar  period. 

(2)  Upon  enHsted  personnel  of  his  command,  extra  duties 
for  a  period  not  to  exceed  two  consecutive  weeks,  and  not  to 
exceed  two  hours  per  day,  or  reduction  to  the  next  inferior 
grade. 

(3)  An  officer  commanding  a  group,  regiment,  brigade, 
wing  or  division  may  impose  upon  any  member  of  his  com- 
mand a  fine  not  exceeding  one  hundred  dollars  for  any  single 
offense  which  relates  to  a  violation  of  a  flying  regulation. 

(b)  A  person  punished  under  authority  of  this  section 
who  deems  his  punishment  unjust  or  disproportionate  to  the 
offense  may,  through  the  proper  channel,  appeal  to  the  next 
superior  authority.  The  appeal  shall  be  promptly  forwarded 
and  decided,  but  the  person  punished  may  in  the  meantime 
be  required  to  undergo  the  punishment  adjudged.  The  offi- 
cer who  imposes  the  punishment,  his  successor  in  command, 
and  superior  authority  shall  hav^e  power  to  suspend,  set 
aside  or  remit  any  part  or  amount  of  the  punishment  and  to 
restore  all  rights,  privileges,  and  property  affected. 

(c)  The  imposition  and  enforcement  of  disciplinary  pun- 
ishment under  authority  of  this  section  for  any  act  or  omis- 
sion shall  not  be  a  bar  to  trial  by  court-martial  for  a  serious 


Acts,  1954. —  Chap.  590.  543 

crime  or  offense  growing  out  of  the  same  act  or  omission, 
and  not  properly  punishable  under  this  section ;  but  the  fact 
that  a  disciplinary  punishment  has  been  enforced  may  be 
shown  by  the  accused  upon  trial,  and  when  so  shown  shall 
be  considered  in  determining  the  measure  of  punishment  to 
be  adjudged  in  the  event  of  a  finding  of  guilty. 

Section  75.    Courts-martial  may  sentence  to  confinement  sentence  to 
in  lieu  of  the  fines  authorized  by  this  chapter,  but  not  ex-  when  a™  °  ' 
ceeding  one  day  of  confinement  for  each  dollar  of  fine  au-  ^'^°"^'''^- 
thorized. 

Section  76.  Sentence  of  dismissal  from  the  service  or  Commander- 
dishonorable  discharge  imposed  by  a  court-martial  shall  be  'approve *^er- 
executed  only  when  approved  by  the  commander-in-chief.  ^^'^'^  sentences. 

Section  77.     The  senior  member  of  a  court-martial  and  Accused  may 

.       rr  •  ±      1  1  1    be  arrested 

summary  court  orncers  may  issue  warrants  to  arrest  accused  on  warrant, 
persons  and  to  bring  an  accused  person  before  the  court  for 
trial  whenever  he  shall  have  disobeyed  a  written  order  from 
the  convening  authority,  dehvered  to  him  with  a  copy  of  the 
charge  or  charges,  and  directing  him  to  appear  before  the 
court.    Said  officials  may  issue  subpoenas,  and  may  enforce  issuance  of 
the  attendance  of  witnesses  and  the  production  of  books  and  ^^bpoenas, 
documents,  and  may  sentence  for  a  refusal  to  be  sworn  or 
to  answer,  as  in  actions  before  civil  courts. 

Section  78.     (a)  All  processes  and  sentences  of  courts-  Execution  of 
martial  shall  be  executed  by  an  officer  quafified  to  serve  Mntlncll,*° 
criminal  process,  and  commitment  under  said  sentences  may  ""eguiated. 
be  made  to  any  jail  or  house  of  correction  in  the  common- 
wealth.   The  master,  or  keeper,  of  the  jail  or  house  of  cor- 
rection to  which  a  person  is  sentenced  shall  receive  and 
detain  him  in  the  same  manner  as  if  he  had  been  sentenced 
by  a  civil  court  sitting  in  the  county  where  such  jail  or  house 
of  correction  is  situated.     The  necessary  charges  shall  be 
paid  by  the  commonwealth  on  vouchers  in  duplicate  sub- 
mitted to  and  approved  by  the  adjutant  general. 

(6)  All  fines  assessed  by  a  court-martial  and  collected  or 
withheld  shall  be  paid  to  the  commonwealth  through  the 
adjutant  general  subject  to  such  regulations  as  he  may 
describe. 

Section  79.    No  action  or  proceeding  may  be  maintained  ^^i'fa^ry""^ 
against  a  member  of  a  military  court  or  officer  or  person  courts  not 
acting  under  its  authority  or  reviewing  its  proceedings  on  li^biefoi"^ 
account  of  the  imposition,*  approval  or  execution  of  any  certain  acta. 
punishment  adjudged  thereby. 

Section  80.     The  jurisdiction  of  courts  convened  under  Jurisdiction  to 
the  provisions  of  this  chapter  shall  be  presumed  and  the  ^e  presumed. 
burden  of  proof  shall  rest  on  any  person  seeking  to  oust  or  ^^^^^l^gt^^ 
contest  the  jurisdiction  of  such  courts  in  any  action  or 
proceeding. 

Section  81.    All  commissioned  officers  of  the  armed  forces  Power  to 
of  the  commonwealth  shall  have  power  to  administer  oaths  oaths^'^*^' 
for  the  purpose  of  the  administration  of  military  justice 
and  for  other  purposes  of  military  administration. 

Section  82.     The  fee  of  a  witness  not  a  member  of  the  witness  fees. 


544 


Acts,  1954. —  Chap.  590. 


military  forces  of  the  commonwealth  appearing  before  a 
military  court  upon  summons  thereof,  shall  be  the  same  as 
a  witness  in  a  civil  case  before  the  courts  of  the  common- 
wealth and  shall  be  paid  by  the  commonwealth  upon  certi- 
fication of  the  state  judge  advocate  filed  with  the  comptroller. 


Pay  and 
allowances. 


Payments 
for  travel, 
authorized. 


VII.       PAY   AND   ALLOWANCES. 

Officers  and  Enlisted  Personnel. 

Section  83.  (a)  For  duty  performed  under  the  provisions 
of  sections  thirty-eight,  sixty  and  sixty-one,  there  shall  be 
allowed  and  paid  from  funds  appropriated  therefor  to  mem- 
bers of  the  armed  forces  of  the  commonwealth  the  same  rate 
of  pay  of  hke  grade  as  would  be  received  by  them  if  they 
were  on  an  active  duty  status  in  the  armed  forces  of  the 
United  States  with  less  than  two  years'  service,  and  such 
subsistence,  travel  or  other  allowance  as  the  adjutant  general 
may  authorize. 

(6)  For  duty  performed  under  the  provisions  of  sections 
thirty-eight,  forty,  forty-one,  forty-two  and  sixty,  there  shall 
be  allowed  and  paid  from  funds  appropriated  therefor  to  the 
following  mihtary  occupational  specialists  who  are  so  classi- 
fied in  the  armed  forces  of  the  commonwealth  the  basic  per 
diem  pay  hereinafter  indicated,  subject,  however,  to  the  pro- 
visions of  subsection  {d) :  — 

(1)  Bandsmen:  four  dollars  and  fifty  cents. 

(2)  Cooks:  three  dollars  and  fifty-five  cents. 

(c)  For  duty  performed  under  the  provisions  of  sections 
forty,  forty-one  and  forty-two,  there  shall  be  allowed  and 
paid  to  members  of  the  armed  forces  of  the  commonwealth 
from  funds  appropriated  therefor  the  same  rate  of  pay  for 
length  of  service  and  basic  allowances  as  if  they  were  on  an 
active  duty  status  in  the  armed  forces  of  the  United  States, 
except  as  provided  under  subsection  (6),  subject,  however, 
to  the  provisions  of  subsection  {d). 

(d)  For  duty  performed  under  the  provisions  of  sections 
thirty-eight,  forty,  forty-one,  forty-two  and  sixty,  the  pay 
and  allowances  authorized  by  this  section  shall  be  reduced 
by  any  amounts  received  from  the  United  States  govern- 
ment as  pay  or  allowances  for  military  service  performed 
during  the  same  pay  period. 

Section  84.  To  each  officer  and  enlisted  person  of  the 
armed  forces  of  the  commonwealth  required  and  authorized 
to  travel  under  any  section  of  this  chapter,  there  shall  be 
allowed  and  paid  from  funds  appropriated  therefor  and  under 
such  regulations  as  the  adjutant  general  may  prescribe,  the 
following:  — 

(1)  For  travel  by  privately  owned  motor  vehicle,  the  cur- 
rent mileage  rate  authorized  by  law  and  any  regulations 
pursuant  thereto. 

(2)  For  travel  by  rail  or  commercial  airhne,  actual  trans- 
portation expense. 


Acts,  1954. —  Chap.  590.  545 

Section  85.    Subsistence  for  members  of  the  armed  forces  Subsistence. 
of  the  commonwealth  ordered  to  duty  under  the  provisions 
of  sections  thirty-eight,  forty,  forty-one,  forty-two  and  sixty, 
shall  be  furnished  in  kind  unless  otherwise  directed  by  the 
adjutant  general. 

Section  86.    Officers  authorized  to  make  payments  in  cash  ^3°^°^^"  ^"^ 
shall  secure  proper  vouchers  for  all  payments  so  made  and  ments.  re- 
shall  submit  to  the  adjutant  general  as  he  may  direct  an  ^'"'*'^- 
accounting  of  such  payments  made  with  supporting  vouchers. 

Section  87.    Upon  approval  of  the  adjutant  general,  there  Allowances  to 
shall  be  allowed  and  paid  from  funds  appropriated  therefor,  unifo?L!°eto.. 
as  of  April  first  of  each  year,  to  each  officer  of  the  military  authorized, 
forces  of  the  commonwealth  for  the  purpose  of  maintenance 
of  his  personal  uniforms  and  equipment,  a  sum  computed 
at  the  rate  of  not  less  than  fifty  dollars  for  the  full  year  by 
the  certification  of  his  organization  commander  in  such  form 
as  may  be  prescribed  by  the  adjutant  general  that  the  desig- 
nated officer  of  his  command  has  served  as  such  for  the  whole 
or  a  specified  part  of  said  preceding  year  and  that  during 
such  service  he  has  provided  himself  with  the  uniforms  and 
equipment  required  by  regulations. 


VIII.       CLAIMS  FOR  PERSONAL  INJURY  AND  PROPERTY  DAMAGE. 

Secti(m  88.  An  officer  or  enUsted  person  of  the  armed  Sl^ersZai"" 
forces  of  the  commonwealth,  while  performing  any  military  '"Jj"'^^^'^"^ 
duty  lawfully  ordered  under  any  pro\asion  of  this  chapter,  damage^in 
or  a  person  not  a  member  of  the  armed  forces  of  the  common-  au'uforiz'^eT*' 
wealth,  but  who  is  the  owner,  or  is  employed  by  the  owner 
of  a  motor  vehicle  lawfully  loaned  to  or  hired  by  the  com- 
monwealth under  section  eighty-nine  and  whose  services 
are  loaned  or  given  to  the  commonwealth  for  any  purpose 
set  forth  in  said  section,  or  a  person  rendering  assistance  to 
any  of  the  armed  forces  of  the  commonwealth  in  connection 
with  the  use  of  a  motor  vehicle  under  any  provision  of  section 
eighty-nine  by  request  or  order  of  any  responsible  officer  of 
said  armed  forces  and  who  by  reason  of  such  voluntary 
action,  employment  or  assistance  and  without  fault  or  neg- 
lect on  his  part  receives  any  injury,  is  disabled,  or  contracts 
any  sickness  or  disease,  incapacitating  him  from  pursuing 
his  usual  business  or  occupation,  shall,  during  the  period  of 
such  incapacity,  receive  compensation  to  be  fixed  by  a  board 
appointed  under  the  provisions  of  section  ninety  to  inquire 
into  his  claim,  and  actual  necessary  expenses  for  medical 
services  and  care,  medicines  and  hospitahzation.  In  case 
of  death  resulting  from  such  injury,  sickness  or  disease, 
compensation  shall  be  paid  to  the  decedent's  dependents,  as 
determined  in  accordance  with  clause  (3)  of  section  one, 
and  section  thirty-two  of  chapter  one  hundred  and  fifty-two, 
in  the  amounts  provided  by  and  otherwise  subject  to  section 
thirty-one  of  said  chapter;  provided,  that  dependents  other 
than  widows  and  children  shall  receive  compensation  to  be 
fixed  by  said  board,  which  shall  exercise  all  the  powers  given 


546 


Acts,  1954. —  Chap.  590. 


Military  use 
of  certain 
motor  vehicles, 
authorized. 


Board  of 

compensation, 

established. 


Membership, 
duties, 
powers,  etc. 


Compensation 
for  damage 
or  destruction 
to  private 
property, 
authorized. 


Filing  of 
claim  deemed 
waiver  of 
certain  rights. 


Rights  of 
subrogation  in 


by  said  provisions  of  chapter  one  hundred  and  fifty-two  to 
the  division  of  industrial  accidents. 

Section  89.  Under  an  order  issued  by  the  commander-in- 
chief,  the  adjutant  general,  in  the  name  and  on  behalf  of  the 
commonwealth,  may,  for  miUtary  use,  accept  the  gift  or  loan 
of  a  motor  vehicle,  or  the  grant  of  the  temporary  right  to  the 
use  and  control  of  a  motor  vehicle,  or  hire  or  purchase  a 
motor  vehicle  in  the  event  — 

(1)  An  enemy  at  war  with  the  United  States  shall  com- 
mence or  threaten  operations  to  endanger  the  peace  or  safety 
of  the  commonwealth ;  or 

(2)  Of  tumult,  riot,  mob,  natural  disaster,  or  pubUc  catas- 
trophe within  the  purview  of  section  forty-one  or  forty-two; 
or 

(3)  Any  unit  of  the  armed  forces  of  the  commonwealth 
shall  be  directed  or  authorized  by  order  of  the  commander- 
in-chief  to  participate  or  engage  in  any  military  training, 
exercise  or  duty  in  which  the  use  of  motor  vehicles  in  excess 
of  the  number  issued  to  such  unit  may  be  required. 

Section  90.  Claims  against  the  commonwealth  for  com- 
pensation under  the  provisions  of  section  eighty-eight  shall 
be  referred  to  a  board  of  three  officers,  including  the  state 
surgeon  and  the  state  judge  advocate,  appointed  by  the 
commander-in-chief.  The  board  in  consideration  of  the 
claim  shall  take  into  account  any  compensation  received  by 
the  claimant  or  his  dependents  from  the  United  States.  The 
board  shall  have  the  same  power  to  take  evidence,  administer 
oaths,  issue  subpoenas  and  compel  witnesses  to  attend  and 
testify  and  produce  books  and  papers,  and  to  punish  their 
failure  to  do  so  as  is  possessed  by  a  general  court-martial. 
The  findings  of  the  board  shall  be  subject  to  the  approval 
of  the  commander-in-chief.  The  amounts  so  found  due  and 
so  approved  shall  be  a  charge  against  the  commonwealth  and 
shall  be  paid  in  the  same  manner  as  other  military  accounts. 

Section  91.  The  owner  of  any  private  property  damaged 
or  destroyed  by  members  of  the  armed  forces  of  the  com- 
monwealth, while  in  the  performance  of  duty  under  any 
provision  of  section  thirty-eight,  forty,  forty-one,  forty-two, 
sixty  or  sixty-one,  or  by  a  motor  vehicle  given  or  loaned  to 
or  hired  by  the  commonwealth  under  the  provisions  of  sec- 
tion eighty-nine,  during  any  period  of  such  use,  shall  be 
compensated  therefor  in  an  amount  fixed  by  a  board  ap- 
pointed under  the  provisions  of  section  ninety-five;  except 
that  no  reimbursement  shall  be  allowed  for  depreciation  of 
any  motor  vehicle  loaned  or  hired  under  the  provisions  of 
section  eighty-nine. 

Section  92.  If  any  person  makes  a  claim  against  the 
commonwealth  by  giving  a  notice  as  authorized  by  section 
ninety-four,  he  shall  be  deemed  thereby  to  have  waived  any 
other  right  or  remedy  against  the  commonwealth  relative  to 
the  subject  matter  of  such  claim  to  which  he  would  other- 
wise be  entitled  by  law. 

Section  93.    Where  the  damage  or  injury  for  which  com- 


Acts,  1954. —  Chap.  590.  547 

pensation  is  claimed  under  section  ninety  or  section  ninety-  common- 
one  was  caused  under  circumstancas  creating  a  legal  liability  '^®^'*^- 
in  some  person  other  than  the  commonwealth  to  pay  damages 
in  respect  thereof,  the  commonwealth  may  enforce,  in  the 
name  of  the  claimant  or  in  its  own  name  and  for  its  own 
benefit,  the  Mability  of  such  other  person.  The  sum  recov- 
ered shall  be  for  the  benefit  of  the  commonwealth  unless 
such  sum  is  greater  than  that  paid  by  it  to  the  claimant,  in 
which  case  four  fifths  of  the  excess  shall  be  paid  to  the 
claimant. 

Section  91^.     No  person   performing  any  services  under  Services 
section  eighty-eight  shall,   by  reason  of  such  services,  be  u'lTcie'/l'^ss, 
deemed  to  be  an  employee  of  the  commonwealth  or,  if  not  "ersonto*^'*^'^ 
already  an  officer  or  enlisted  person  of  the  armed  forces  certain 
of  the  commonwealth,  to  be  such  an  officer  or  enlisted  person,  '''^"''^*^- 
or  to  be  entitled  to  receive  any  pension  or  retirement  allow- 
ance from  the  commonwealth,   or  to  have  acquired  any 
right,  or  to  be  entitled  to  receive  any  other  benefit  or  com- 
pensation.    Any  person  claiming  the  right  to  receive  com- 
pensation from  the  commonwealth  under  any  provision  of 
section  eighty-eight  shall,  within  a  reasonable  time  after 
receiving  an  injury,  or  contracting  any  sickness  or  disease, 
while  performing  services  referred  to  therein,  give  to  the 
adjutant  general  notice  of  his  name  and  place  of  residence, 
and  the  time,  place  and  cause  of  such  injury,  sickness  or 
disease.    Such  notice  shall  be  in  writing,  signed  by  the  person 
claiming  compensation  or  by  someone  in  his  behalf. 

Section  95.  All  claims  for  damage  to  private  property  Board  of 
under  the  provisions  of  section  ninety-one  shall  be  referred  established 
to  a  board  consisting  of  the  state  judge  advocate,  and  two 
officers  detailed  by  the  commander-in-chief.  The  board 
shall  have  the  same  power  to  take  evidence,  administer 
oaths,  issue  subpoenas  and  compel  witnesses  to  attend  and 
testify  and  produce  books  and  papers  and  to  punish  their 
failure  to  do  so,  as  is  possessed  by  a  general  court-martial. 
The  findings  of  the  board  shall  be  subject  to  the  approval 
of  the  commander-in-chief.  The  amount  found  due  the 
owner  by  said  board,  to  the  extent  that  its  findings  are 
approved  by  the  commander-in-chief,  shall  be  paid  from 
funds  appropriated  therefor. 

IX.      ORGANIZATION  AND  UNIT  FUNDS  AND  ADMINISTRATIVE 

ALLOWANCES. 

Section  96.     Organization  and  unit  funds  shall  be  main-  Administra- 
tained    and    conducted    as    the    commander-in-chief    may  ^^^,nizL\on 
prescribe   in   regulations.     The   administration   of  such   a  and  unit 
fund  by  the  officer  designated  in  regulations  to  have  the  x^td'  '^*'^"' 
custody  thereof  shall  be  one  of  the  duties  pertaining  to  his 
office  and  for  the  proper  performance  of  which  he  shall 
furnish  bond  to  the  commonwealth.     Suit  on  the  bond  of 
such  officer  to  recover  for  any  misappropriation  of  the  fund 
shall  be  brought  in  the  name  of  the  commonwealth  for  the 
benefit  of  the  organization  or  unit  affected.    Upon  the  dis- 


548 


Acts,  1954. —  Chap.  590. 


Appropria- 
tions for 
certain 
purposes, 
authorized. 


bandment  of  any  organization  or  unit  maintaining  a  fund 
as  above  provided,  the  adjutant  general  shall  at  once  become 
custodian  or  treasurer  thereof  and  shall  distribute  said  funds 
to  such  organizations  or  units  as  he  may  determine  to  be 
equitably  entitled  thereto,  or,  if  no  organization  or  unit  is  so 
entitled,  shall  draw  a  check  for  the  total  amount  on  deposit 
in  favor  of  the  state  treasurer,  who  shall  hold  such  funds  or 
shall  expend  them  as  the  general  court  may  prescribe; 
except  in  the  case  of  organizations  or  units  ordered  into  the 
active  service  of  the  United  States,  the  adjutant  general 
may  act  as  custodian  of  such  funds  during  the  period  of 
active  federal  service. 

Section  97.  There  shall  annually  be  allowed  and  paid 
quarterly  from  money  appropriated  for  the  purpose  in  sub- 
stantially equal  installments  under  such  regulations  as  may 
be  promulgated  by  the  commander-in-chief,  to  the  organi- 
zations and  units  of  the  armed  forces  of  the  commonwealth, 
when  not  in  federal  service : 

(a)  For  administration  and  maintenance  including  tele- 
phone, postage,  printing,  office  and  other  necessary  supphes 
not  available  through  issue,  for  athletic  or  recreational  equip- 
ment for  the  common  use  of  enlisted  personnel,  for  clerical 
assistance,  for  the  repair  and  alteration  of  uniforms,  and 
such  other  military  purposes  as  may  be  approved  by  the 
commander-in-chief,  the  following  sums : 


(1)     Army. 

State  headquarters     ........     $2,500 

Division  headquarters  .......        3,500 

Division  artillery  headquarters,  anti-aircraft  artillery  brigade 

headquarters  and  regimental  headquarters  800 

Plus  $1    per  man   actually  enlisted,    up   to   authorized 
strength. 
Group  headquarters   ........  120 

Plus  $1   per  man  actually   enlisted,   up   to   authorized 
strength. 
Separate  battalion  headquarters  ......  100 

Per  company,  battery  or  detachment,  plus  $1  per  man 
actually  enlisted,  up  to  authorized  strength. 
Company,   battery,   band  and  detachment,   except  medical 

detachments    ........  360 

Plus  S6  per  man  actually  enlisted,   up   to   authorized 
strength. 

(2)     Air. 

State  headquarters     ........        $600 

Wing  headquarters     ........  800 

Plus   $1    per   man   actually  enlisted,    up   to   authorized 
strength. 
Group  headquarters,  except  medical  group    .  .  100 

Per  squadron  or  flight,  plus  $1  per  man  actually  enlisted, 
up  to  authorized  strength. 
Squadron,  flight,  medical  group  ......  360 

Plus  $6  per  man   actually  enlisted,   up  to   authorized 
strength. 

(6)  Where  no  federal  caretaker  is  provided,  for  the  services 
of  a  caretaker,   who,   under  such  regulations  as  may  be 


Acts,  1954.  — Chap.  590.  549 

promulgated  by  the  commander-in-chief,  shall  devote  the 
necessary  attention  to  the  care  of  quarters  assigned  to  his 
headquarters  or  unit,  and  to  the  care  of  arms,  equipment 
and  supplies  of  such  headquarters  or  unit,  the  sum  of  one 
hundred  and  twenty-five  dollars  annually. 


X.   UNIFORMS,  EQUIPMENT  AND  PUBLIC  PROPERTY. 

Section  98.  The  uniform  of  the  military  forces  of  the  Uniforms, 
commonwealth  shall  be  prescribed  by  the  commander-in- 
chief.  No  uniforms,  except  required  yearly  supplies,  shall 
be  provided  by  the  commonwealth  without  a  special  appro- 
priation therefor,  and  they  shall  be  purchased  under  such 
inspection  as  the  commander-in-chief  may  direct. 

Section  99.    Any  part  of  the  uniform  or  insignia  of  grade  Penalty  for 
and  arm  or  service  prescribed  for  officers  or  enlisted  persons  Ing^of  Z^^ 
of  the  armed  forces  of  the  commonwealth  shall  be  worn  form.  etc. 
only  by  persons  entitled  thereto  by  commission  or  enlistment 
under  the  laws  of  this  commonwealth,  of  another  state  or  of 
the  United  States.    Whoever  willfully  violates  any  provision 
of  this  section  shall  be  punished  by  a  fine  of  not  less  than 
ten  nor  more  than  one  hundred  dollars. 

Section  100.  Any  unit  of  the  military  forces  of  the  com-  Distinctive 
mon wealth  may,  with  the  approval  of  a  majority  of  its  authorfzed!™^' 
officers  and  of  the  commander-in-chief,  adopt  a  distinctive 
dress  uniform  other  than  that  prescribed  under  section 
ninety-eight,  procured  at  its  own  expense,  but  such  uniforms 
will  not  be  worn,  except  by  permission  of  the  commander-in- 
chief,  when  such  unit  is  on  duty  under  his  orders. 

Section  101.    Except  as  otherwise  provided,  units  of  the  certain  uni- 
mihtary  forces  of  the  commonwealth  and  the  cadets  of  the  [o'^b^^pro-' 
Massachusetts  mihtary  academy  shall  be  provided,  at  the  l^^'^^^ 
expense  of  the  commonwealth,  with  the  individual  and  unit  wealth. 
clothing  and  equipment  necessary  for  their  proper  training 
and  performance  of  military  duties.     Individual  and  unit 
clothing  and  equipment  shall  be  issued  in  the  manner  pre- 
scribed by  the  commander-in-chief. 

Section  102.    Individual  and  unit  clothing  and  equipment  J^°be°u'Sfd  ^*^°" 
so  provided  shall  be  used  only  for  military  purposes,    under  only  for 
regulations  promulgated  by  the  commander-in-chief,  who  ^jjipoaes. 
shall  provide  how  and  where  such  property  shall  be  kept 
and  used,  and  shall  be  returned  when  ordered  by  the  com- 
mander-in-chief. 

Section  103.    An  officer  or  enlisted  person  shall  be  respou-  Responsibility 
sible  for  the  proper  care,  safekeeping  and  return,  when  so  mUitary" 
directed,  of  all  items  of  military  property  of  the  United  States  P'"°p^'"ty- 
and  of  the  commonwealth  issued  to  him.    He  shall  use  the 
same  for  military  purposes  only,  and  upon  being  discharged, 
transferred  or  otherwise  separated  from  the  military  service, 
or  upon  the  demand  of  his  commanding  officer,  shall  forth- 
with deUver  such  item  or  items  in  his  possession  to  the  com- 
manding officer,  or  to  any  officer  ordered  to  receive  them, 
in  good  order  and  condition,  fair  wear  thereof  excepted. 


550 


Acts,  1954. —  Chap.  590. 


Use  of  mili- 
tary property, 
regulated. 


Accountability 
for  loss, 
damage,  etc., 
of  military 
property. 


Court-martial 
for  malicious 
damage,  etc., 
to  military 
property. 


Penalty  for 

unlawful 

purchase. 


Surety  bond 
from  certain 
officers, 
required. 


Section  104-  An  enlisted  person  shall  not  wear  or  use, 
except  when  on  ordered  military  duty,  or  by  special  per- 
mission of  his  unit  commander  or  other  competent  miUtary 
authority,  any  item  of  the  uniform  equipment,  or  other  item 
of  mihtary  property  of  the  United  States  or  of  the  common- 
wealth. 

Section  105.  (a)  Any  officer  or  enlisted  person  of  the 
military  forces  of  the  commonwealth  who  damages,  loses 
through  carelessness  or  neglect,  carries  away,  or  unla^'fully 
disposes  of  military  property  of  the  United  States  or  of  the 
commonwealth,  shall  be  charged  with  the  money  value 
thereof,  as  determined  by  a  surveying  officer  or  board  of 
survey  detailed  or  appointed  by  the  commander-in-chief  to 
investigate  and  report  upon  the  case.  Such  surveying  offi- 
cer or  board  of  survey  shall  submit  with  the  report  all  the 
evidence  bearing  upon  the  loss,  damage  or  disposition  of  the 
property. 

(6)  When  military  property  loaned  by  the  United  States 
government  to  the  commonwealth  has  suffered  loss  or  dam- 
age, the  amount  of  such  loss  or  damage  shall  be  paid  to  the 
United  States  government  by  the  commonwealth  on  ap- 
proval of  the  adjutant  general,  by  withholdings  authorized 
from  pay  and  allowances  due  the  responsible  officers  of  the 
armed  forces  of  the  commonwealth,  or  from  sums  paid  to 
the  commonwealth  by  the  adjutant  general  on  account  of 
such  loss  or  damage  and  collected  by  him  from  officers  of 
the  armed  forces  responsible  therefor,  or  from  their  bonds- 
men. 

Sectimi  106.  Any  officer  or  enfisted  person  who  willfully 
or  mahciously  damages,  defaces  or  destroys  any  mihtary 
property  of  the  United  States  or  of  the  commonwealth,  or 
who  carries  away  or  unlawfully  disposes  of  such  property,  or 
who  retains  in  his  possession  such  property  and  neglects  or 
refuses  to  return  it  when  so  ordered,  or  who  uses  it  in  viola- 
tion of  the  regulations  or  law,  or  who  fails  satisfactorily  to 
account  for  it,  shall  be  punished  as  a  court-martial  may 
direct. 

Section  107.  Whoever  knowingly  purchases,  retains  or 
has  in  his  possession  any  item  of  mihtary  property  of  the 
United  States  or  of  the  conmionwealth,  unless  the  same  shall 
have  been  issued  to  him,  or  is  in  his  possession  in  accord- 
dance  with  law,  shall  be  punished  by  a  fine  not  exceeding  ten 
times  the  value  thereof. 

Section  108.  Any  officer  of  the  armed  forces  of  the  com- 
monwealth to  whom  monies  or  pubhc  property  are  at  any 
time  issued  may  be  required  to  give  bond  to  the  common- 
wealth, in  such  amount  and  with  such  surety  or  sureties  as 
may  be  determined  by  the  commander-in-chief,  conditioned 
upon  the  faithful  performance  of  his  duties,  accounting 
properly  for  all  monies  or  property  received  by  virtue  of  his 
assignment  and  duties  during  the  term  of  such  bond,  and 
turning  over  to  his  immediate  successor,  or  other  officer 
designated  by  the  commander-in-chief,  all  records,  reports, 


Acts,  1954. —  Chap.  590.  551 

monies  or  property  for  which  he  is  accountable  as  provided 
for  under  section  one  hundred  and  twelve. 

Section  109.    The  adjutant  general  may  arrange  for  such  bond'^ma  be 
schedule  bond  as  he  deems  advisable  to  take  the  place  of  substituted 
individual  bonds  required  by  law  from  any  officer  or  officers  [Tond!'^""''"''' 
of  the  armed  forces  of  the  commonwealth.    Each  such  sched- 
ule bond  shall  be  with  surety  satisfactory  to  the  commander- 
in-chief,  and  conditioned  that  the  officers  holding  the  posi- 
tions specified  in  said  bond  shall  faithfully  perform  the 
duties  of  their  respective  offices;   and  it  shall  contain  such 
other  conditions  or  provisions  as  may  be  required  by  law. 

Section  110.    The  premium  due  to  any  surety  company  Payment  of 
for  acting  as  surety  on  any  bond  given  under  the  provisions  p'"'''^'"'^^''- 
of  sections  fifteen,  ninety-six,  one  hundred  and  eight  and  one 
hundred  and  nine  shall  be  paid  by  the  commonwealth. 

Section  111.     (a)  An  officer  shall  be  responsible  for  miU-  ResiK)nsibiiity 
tary  property  of  the  United  States  and  of  the  commonwealth  entrusted 
received  by  him,  and  shall  not  sell,  loan  or  transfer  it  or  any  property.*'''^ 
part  of  it,  without  the  authority  of  the  commander-in-chief; 
and  shall  be  liable  to  the  commonwealth  for  all  such  prop-  Liability 
erty  defaced,  injured,  destroyed  or  lost  by  his  neglect  or  ^^^'■'^fo'"- 
default,  or  for  its  value,  to  be  recovered  in  an  action  of  tort 
brought  by  the  state  judge  advocate  in  the  name  of  the 
commonwealth. 

(6)  Commissioned  officers  shall  exercise  the  strictest  care 
and  vigilance  for  the  preservation  of  the  individual  and  unit 
clothing  and  equipment  and  other  property  furnished  their 
commands;  and,  in  case  of  any  loss  thereof  or  damage  thereto 
by  their  neglect  or  default,  they  shall  be  liable  to  such  pun- 
ishment as  a  court-martial  may  direct. 

(c)  When  any  officer  or  enlisted  person  neglects  or  refuses 
to  return  any  mihtary  property  of  the  United  States  or  of 
the  commonwealth  or  of  any  unit,  or  to  account  satisfactorily 
for  it  to  the  officer  responsible  for  its  custody,  or  to  the  offi- 
cer ordered  to  receive  it,  such  custodian  or  officer  may  make 
a  written  complaint  directly  to  the  commissioner  of  pubHc 
safety,  describing  the  missing  property,  and  thereupon  the 
state  police  shall  make  difigent  search  for  the  property,  and 
shall  take  possession  of  all  such  property  and  turn  the  same 
over  to  the  officer  responsible  for  its  custody. 

Section  112.     (a)  An  officer  of  the  military  forces  of  the  Disposition 
commonwealth,  upon  vacating  an  office,  shall  turn  over  to  proper[y^' 
his  immediate  successor,  or  other  officer  designated  by  the  etc.,  upon 
commander-in-chief,  all  records,  reports  and  military  prop-  offioe.'"^ 
erty  in  his  possession  belonging  or  in  any  way  pertaining  to 
such  office. 

(6)  Upon  the  disbandment  of  any  unit  which  has  received 
military  property  for  military  use,  the  officers  responsible 
for  such  property  shall  return  it  to  the  officer  ordered  to  re- 
ceive it. 

(c)  Until  such  officer  responsible  for  mihtary  property  or 
his  legal  representative  receives  from  the  adjutant  general 
notice  that  the  property  accounts  of  such  officer  have  been 


552 


Acts,  1954. —  Chap.  590. 


Inspection  and 
condemnation 
of  military 
property, 
regulated. 


Leasing  of 
military 
property  to 
United  States, 
authorized. 


Ownership 
of  personal 
property  by 
military  units, 
permitted. 


Acceptance 
of  gifts  or 
bequests  for 
miUtary  use, 
permitted. 


found  correct,  the  liability  of  such  officer  or  of  his  estate  for 
military  property  shall  continue.  Upon  the  death  or  de- 
sertion of  an  officer  responsible  for  military  property  his 
immediate  commanding  officer  shall  at  once  cause  such 
property  to  be  collected,  and  a  correct  inventory  made  by 
physical  count  and  examination.  Such  inventory  shall  be 
forwarded  to  the  adjutant  general,  and  compensation  for 
any  shortage  may  be  recovered  as  provided  in  subsection 
(a)  of  section  one  hundred  and  eleven. 

Section  113.  A  state  surveying  officer  or  a  board  of  offi- 
cers designated  by  the  commander-in-chief  shall  inspect  and 
condemn  military  property  of  the  commonwealth  unfit  for 
use.  No  such  property  shall  be  sold  until  it  has  been  in- 
spected and  condemned,  and  the  condemnation  approved 
by  the  commander-in-chief,  except  that  subsistence  stores 
of  a  perishable  nature,  which  would  spoil  before  action  could 
be  taken  by  the  state  surveying  officer  or  a  board  as  above 
provided,  may  be  sold,  or  given  to  a  non-sectarian  charitable 
institution  by  the  officer  responsible  therefor,  after  survey 
by  an  officer  detailed  by  the  commanding  officer  of  the  or- 
ganization. The  report  of  the  survey,  approved  by  the  com- 
manding officer,  shall  be  forwarded  by  the  responsible  officer. 
The  proceeds  of  any  sales  made  hereunder  shall  be  paid  to 
the  commonwealth. 

Section  114-  The  governor,  with  the  advice  and  consent 
of  the  council,  may  lease  to,  or  permit  to  be  used  by,  the 
armed  forces  of  the  United  States,  military  property  belong- 
ing to  the  commonwealth,  upon  such  terms  and  conditions 
as  will  fully  protect  the  interests  of  the  commonwealth. 

Section  115.  Any  unit  of  the  military  forces  of  the  com- 
monwealth may  own  personal  property,  to  be  under  the  con- 
trol of  the  active  members  thereof;  and  the  commanding 
officer  of  any  such  unit  may  recover  in  his  own  name  for  its 
use,  in  any  county  where  such  unit  or  part  thereof  is  located, 
any  debts  or  effects  belonging  to  it,  or  damages  for  injury 
to  such  property.  No  suit  pending  in  his  name  shall  be 
abated  by  his  ceasing  to  be  commanding  officer  of  the  unit; 
but  his  successor  shall  be  admitted  to  prosecute  the  suit. 

Section  116.  The  adjutant  general,  with  the  approval  of 
the  governor  and  council,  may  accept  on  behalf  of  the  com- 
monwealth any  gift  or  bequest  of  personal  property  to  or 
for  the  use  of  the  military  forces  of  the  commonwealth,  and 
shall  forthwith  transfer  any  money  or  securities  so  received 
to  the  state  treasurer  who  shall  administer  the  same  as  pro- 
vided in  section  seventeen  A  of  chapter  ten. 


Certain  cities 
and  towns 
to  provide 
military 
facilities,  etc. 


XI.     ARMORIES,  AIR  INSTALLATIONS  AND  ARMORY  COMMISSION. 

Section  117.  Cities  and  towns  shall  provide  for  units  of 
the  armed  forces  of  the  commonwealth  not  provided  with  a 
state  armory  or  air  installation,  and  permanently  stationed 
within  their  limits,  adequate  faciUties,  including  a  suitable 
hall  for  the  purpose  of  drill,  and  suitable  rooms,  properly 


Acts,  1954.  —  Chap.  590.  553 

equipped,  annexed  thereto  for  the  assembhes  of  such  units, 
for  administrative  work,  and  for  the  safekeeping  of  military 
property.  They  shall  provide  for  such  facilities  the  neces- 
sary fuel,  hghts,  water,  janitor  service  and  necessary  re- 
pairs, or  shall  make  a  reasonable  monetary  allowance  therefor 
to  the  commonwealth. 

Where  two  or  more  units  of  the  armed  forces  of  the  com- 
monwealth are  permanently  stationed  in  the  same  city  or 
town,  the  city  or  town  may,  instead  of  providing  each  with 
a  suitable  hall  for  drill,  provide  one  or  more  halls  to  be  used 
by  the  units  in  common. 

Any  city  or  town  failing  to  comply  with  this  section  shall  P'^u-^ity  for 

»       /.    .  1  T  1  !•  /•  1  non-compli- 

forfeit  to  the  commonwealth  a  sum  not  exceedmg  nve  thou-  ance. 
sand  dollars  for  each  year,  for  each  unit,  during  which  such 
failure  continues,  to  be  recovered  upon  an  information  in 
equity  brought  in  the  superior  or  supreme  judicial  court  by 
the  attorney  general  at  the  relation  of  the  adjutant  general. 
Any  amount  so  forfeited  shall  be  credited  to  the  armory  ap- 
propriation for  the  fiscal  year  in  which  the  forfeiture  occurs. 

Section  IIS.     For  each  armory,  air  installation  or  ade-  Rentals, 
quate  facihty  maintained  by  a  city  or  town,  or  privately 
owned,  there  shall  annually  be  allowed  and  paid  by  the 
commonwealth  such  rental  as  has  been  mutually  agreed  upon. 

Section  119.    The  mayor  or  city  manager  of  a  city,  or  the  Payment  of 
selectmen  of  a  town,  providing  an  armory,  air  installation  or  rentals  by 
adequate  facilities  for  the  use  of  the  armed  forces  of  the  com-  commonwealth, 
monwealth,  shall  annually  submit,  on  or  before  June  first,  ^^^ 
to  the  state  quartermaster,  through  the  senior  commanding 
officer  stationed  therein,  a  bill  for  the  rental  thereof.     All 
such  bills  shall  give  the  designation  and  location  of  each  ar- 
mory, air  installation  or  facihty  and  the  designation  of  each 
unit  quartered  therein.     The  state  quartermaster  shall  an- 
nually, not  later  than  June  thirtieth,  file  with  the  state 
comptroller  his  certificate,  stating  the  sum  allowed  for  each 
armory,  air  installation  or  facihty,  the  designation  of  each 
unit  occupying  it,  and  the  city  or  town  making  the  return, 
and  thereupon  he  shall  notify  the  mayor  or  selectmen  of  the 
sum  allowed,  which  shall  be  paid  to  the  city  or  town. 

Section  120.    When  any  armory  or  air  installation  is  fur-  obligation  of 
nished  by  the  commonwealth  in  any  city  or  town,   the  ti^Unisr"* 
adjutant  general  shall  notify  the  city  or  town  where  such  faciuties. 
armory  or  air  installation  Ues,  and  thereupon  all  obligations  "^  ^^^^  ^ 
of  said  city  or  town  as  to  said  armory  or  air  installation  under 
section  one  hundred  and  seventeen,  and  all  allowances  and 
payments  by  the  commonwealth  for  rent,  shall  cease,  as  to 
the  units  quartered  in  said  armory  or  air  installation. 

Section  121.    Cities  and  towns  shall  provide  and  maintain  Maintenance 
for  units  of  the  armed  forces  of  the  commonwealth  perma-  outdoor'sring 
nently  stationed  within  the  limits  of  their  respective  cities  ranges  by 
or  towns,  a  suitable  outdoor  range  for  small  arms  practice.  tJfwnsfre- 
In  lieu  thereof,  the  city  or  town  shall  annually  pay  to  the  ^'^''^^^■ 
units  located  within  its  limits,  such  amounts  as  may  an- 
nually be  determined  by  the  adjutant  general  to  defray  the 


554 


Acts,  1954. —  Chap.  590. 


Penalty  for 
non-compli- 
ance. 


Use  of 

armories  and 
air  installa- 
tions, regu- 
lated. 


costs  of  transportation,  meals,  target  hire  and  other  neces- 
sary expenses  in  connection  with  annual  small  arms  firing, 
not  exceeding  seven  dollars  per  person  enrolled  therein  as  of 
December  thirty-first  in  each  year;  provided,  however,  that 
no  payments  shall  be  made  by  the  cities  and  towns  under 
this  section  if  sufficient  sums  are  provided  by  the  federal  or 
state  governments  for  such  purposes. 

Any  city  or  town  failing  to  comply  with  the  above  require- 
ments shall  forfeit  to  the  commonwealth  a  sum  not  exceed- 
ing five  thousand  dollars  per  unit  stationed  therein  for  each 
year  during  which  such  failure  continues,  to  be  recovered 
upon  an  information  in  equity  brought  in  the  superior  or 
supreme  judicial  court  by  the  attorney  general  at  the  rela- 
tion of  the  adjutant  general.  Any  amount  so  forfeited  shall 
be  credited  to  the  appropriation  for  small  arms  practice  for 
the  fiscal  year  in  which  the  forfeiture  occurs.  The  above 
cities  and  towns  may  acquire  land  for  ranges  by  purchase 
or  lease,  or  by  eminent  domain  under  chapter  seventy-nine, 
and  may  raise  money  by  taxation  or  otherwise  for  this 
purpose. 

Section  122.  (a)  Armories  and  air  installations  provided 
for  the  armed  forces  of  the  commonwealth  shall  be  used  by 
them  for  the  military  purposes  or  purposes  incidental  thereto 
designated  by  the  commander-in-chief.  Any  state  armory 
or  air  installation  when  not  in  use  for  military  purposes  may 
be  used  without  charge  and  subject  only  to  rules  and  regu- 
lations promulgated  by  the  commander-in-chief  for  social 
activities  or  athletics  by  military  units  stationed  in  such 
armory  or  air  installation.  Non-military  use  of  an  armory 
under  this  section  shall  not  be  permitted  if  it  interferes  with 
its  military  use. 

(6)  Any  armory  or  air  installation  may  be  used  for  the 
purposes  set  forth  in  subsections  (c)  and  (e)  in  accordance 
with  terms  and  conditions  prescribed  by  the  commander-in- 
chief,  upon  application  therefor  to  the  adjutant  general 
through  the  military  custodian  of  the  armory  or  air  installa- 
tion. No  such  appHcation  shall  be  granted  unless  it  is 
approved  by  the  military  custodian  and  the  adjutant  gen- 
eral and  contains  a  certificate  from  each  unit  commander 
whose  drill  or  other  military  duty  is  to  be  changed  or  modi- 
fied by  such  use,  stating  that  he  approves  the  apphcation 
and  that  such  change  or  modification  will  not  in  any  way 
be  detrimental  to  his  unit  or  to  its  training,  and  further  stat- 
ing in  detail  the  manner  in  which  said  change  or  modifica- 
tion is  to  be  effected.  Such  appHcations  may,  after  the  lapse 
of  one  year  from  the  date  of  their  receipt,  be  destroyed  or 
disposed  of  by  order  of  their  lawful  custodian,  and  any  pro- 
ceeds received  in  the  course  of  their  disposal  shall  be  paid 
to  the  commonwealth. 

(c)  Subject  to  subsection  (6),  armories  or  air  installations 
may  be  used  temporarily  for  the  following  pubhc  purposes: 
(1)  A  pubhc  meeting  or  hearing  held  by  a  state  depart- 
ment, board  or  commission. 


Acts,  1954.  —  Chap.  590.  555 

(2)  An  examination  conducted  by  a  state  department, 
board  or  commission. 

(3)  A  meeting  of  an  organization  composed  of  veterans  of 
the  wars  of  the  United  States,  or  the  Korean  emergency, 
their  auxiliaries,  drill  teams,  bands  and  drum  corps  of  organi- 
zations of  veterans,  a  board  of  trade,  a  chamber  of  com- 
merce, or  a  meeting  to  raise  funds  for  any  non-sectarian 
charitable  or  non-sectarian  educational  purpose. 

(4)  A  meeting  to  raise  funds  for  a  benefit  association  of 
policemen  or  firemen. 

(5)  Elections,  primaries  or  caucuses,  and  town  meetings. 

(6)  A  meeting  or  rally  of  a  political  party  or  a  municipal 
party,  as  defined  by  section  one  of  chapter  fifty,  conducted 
by  the  duly  constituted  local  committee  of  such  party;  pro- 
vided, that  no  party  shall  be  permitted  to  use  the  same  ar- 
mory more  than  twice  in  the  same  year. 

(7)  A  meeting  of  any  organization  of  boys  and  girls  under 
eighteen  years  of  age,  or  of  any  student  miUtary  organization 
the  purpose  of  which  is  to  prepare  the  members  thereof  for 
military  service.  Upon  application  to  the  commander-in- 
chief  and  on  terms  and  conditions  prescribed  by  him  such 
organizations  may  be  permitted  to  use  for  parade  or  drill 
purposes  such  grounds  owned  by  the  commonwealth  as  are 
used  by  the  armed  forces. 

{d)  Compensation  for  the  use  of  any  armory  or  air  installa- 
tion under  subsection  (c)  shall  be  fixed  by  the  adjutant  gen- 
eral with  the  approval  of  the  commander-in-chief,  and  shall 
be  at  least  sufficient  to  cover  all  expenses  of  fighting,  heating 
and  guarding  the  armory  or  air  installation,  and  similar 
expenses.  Such  compensation  shall  be  paid  to  the  adjutant 
general,  who  shall  pay  the  same  to  the  commonwealth. 

(e)  Subject  to  subsection  (6)  an  armory  or  air  installation 
may  be  used  for: 

(1)  Athletic  contests  and  social  or  civic  activities  con- 
ducted by  responsible  organizations  or  associations. 

(2)  For  a  period  not  exceeding  three  days  for  any  exhibi- 
tion of  the  products  of  labor,  agriculture  or  industry,  includ- 
ing any  automobile  exhibition  conducted  by  a  responsible 
organization,  and,  for  the  purpose  of  decorating  the  prem- 
ises, for  such  additional  time  immediately  preceding  said 
period,  not  exceeding  eighteen  hours,  as  may  be  approved 
by  the  military  custodian  and  the  adjutant  general,  and  for 
the  purpose  of  removing  decorations,  exhibits  or  equipment, 
for  such  additional  time  immediately  foUowing  said  period, 
not  exceeding  eighteen  hours,  as  may  so  be  approved;  pro- 
vided, that  the  compensation  for  such  uses  shall  in  no  case 
be  less  than  the  fair  rental  value,  for  the  entire  period  during 
which  the  armory  or  air  installation  is  occupied  by  any  such 
exhibit  or  equipment,  of  halls  of  a  similar  nature  in  the 
same  or  a  similar  city  or  town,  together  with  a  sum  sufficient 
to  cover  the  expenses  of  providing  such  guards  and  labor 
as  may  be  necessary  to  protect  the  armory  or  air  installation 
while  so  used  and  to  remove  and  replace  items  of  mifitary 


556 


Acts,  1954. —  Chap.  590. 


Control  of 
certain  build- 
ings during 
military 
occupation. 


Operation 
of  certain 
apparatus  in 
armories,  etc. 
authorized. 


Armory 
commission. 


equipment  while  so  used.  Subject  to  the  foregoing  limita- 
tion, such  compensation  shall  be  fixed  by  the  adjutant  gen- 
eral with  the  approval  of  the  commander-in-chief  and  shall 
be  paid  as  provided  in  subsection  (d). 

(jf)  Each  organization  using  an  armory  or  air  installation 
under  subsection  (c)  or  (e)  shall,  under  rules  and  regulations 
prescribed  by  the  commander-in-chief,  pay  for  any  damage 
to  or  loss  of  any  property  or  equipment  and  for  any  personal 
injury  for  which  the  adjutant  general  or  other  state  official 
may  be  legally  liable.  Said  rules  and  regulations  may  also 
require  that  such  organization  shall  file  with  the  adjutant 
general  a  bond  in  such  form  and  amount  and  containing 
such  conditions  as  said  rules  and  regulations  may  prescribe. 

Section  123.  Every  ofiicer  whose  unit  occupies,  or  as- 
sembles or  drills  in  any  armory,  or  air  installation,  drill  hall 
or  building  used  according  to  law  for  that  purpose  shall 
have  control  of  such  premises  during  the  period  of  occupa- 
tion, subject  to  orders  of  his  superior  officers,  and  any  per- 
son intruding  contrary  to  his  orders  or  to  the  orders  of  his 
superior  officers,  or  who  interrupts,  molests,  obstructs  or 
insults  the  troops  or  any  of  them  so  occupying  such  premises, 
may  be  ejected,  forcibly  if  necessary,  or  may  be  dealt  with 
as  provided  in  sections  sixty-five  and  sixty-six  for  like 
offences,  at  the  discretion  of  such  officer  or  of  his  superior 
officers,  but  in  armories  not  classified  as  state  armories  rea- 
sonable inspection  of  the  premises  may  be  made  by  the 
mayor  or  city  manager  or  the  selectmen,  or  the  owners  of 
the  premises. 

Section  124-  An  officer  or  enhsted  person  of  the  armed 
forces  of  the  commonwealth  Ucensed  under  chapter  one  hun- 
dred and  forty-three,  may,  in  any  armory  or  air  installation 
or  other  place  permanently  occupied  by  the  commonwealth 
for  mifitary  purposes,  operate  any  cinematograph  or  similar 
apparatus  owned  or  controlled  by  the  commonwealth,  with- 
out obtaining  any  special  hcense  required  by  law;  provided, 
that  all  other  laws  of  the  commonwealth  and  the  regulations 
of  the  state  police  relative  to  the  use  of  the  cinematograph 
or  similar  apparatus  are  compHed  with. 

Section  125.  The  armory  commission  provided  for  in  sec- 
tion eighteen  of  chapter  six  shall  have  full  supervision  and 
control  of  the  construction  of  all  armories  or  air  installations 
taken,  purchased  or  erected  by  the  commonwealth,  and  on 
completion  and  acceptance  of  any  such  armory  or  air  in- 
stallation the  care  and  maintenance  thereof  shall  devolve 
upon  the  state  quartermaster. 

Armories  or  air  installations  built  or  purchased  by  the 
armory  commission  or  its  predecessors  shall  be  known  as 
state  armories  and  state  air  installations. 

All  such  armories  or  air  installations  shall  be  under  the 
control  of  the  commander-in-chief  and  shall  be  cared  for  and 
maintained  by  the  commonwealth,  and  the  necessary  ex- 
penditures for  care  and  maintenance  shall  be  made  by  the 
state  quartermaster  subject  to  the  approval  of  the  adjutant 
general 


Acts,  1954.  —  Chap.  590.  557 

Section  126.  The  armory  commission  shall  rebuild,  re-  Powers  and 
model  or  repair  state  armories  or  air  installations  injured  or  '^"*'®^- 
destroyed  by  fire,  and  may  reconstruct,  remodel,  enlarge  or 
otherwise  improve  existing  state  armories,  or  air  installations 
if  it  deems  the  needs  of  the  service  so  require,  and  shall 
construct  additional  armories  or  air  installations  until  the 
armed  forces  of  the  commonwealth  shall  be  provided  with 
adequate  quarters. 

It  shall  designate  the  location  of  armories  and  air  installa- 
tions so  to  be  constructed  and  shall  thereupon,  in  behalf  of 
the  commonwealth,  take  by  eminent  domain  under  chapter 
seventy-nine,  or  acquire  by  purchase  or  otherwise,  suitable 
lots  of  land  in  the  respective  cities  or  towns  designated, 
and  shall  erect,  furnish  and  equip  thereon  armories  or  air 
installations  sufficient  for  one  or  more  units  of  the  armed 
forces  of  the  commonwealth  as  it  deems  necessary,  but  no 
land  shall  be  acquired  and  no  buildings  erected,  reconstructed, 
remodeled  or  enlarged  until  the  site  and  plans  thereof,  and 
the  total  amount  to  be  authorized  therefor,  have  been  ap- 
proved by  the  governor  and  council. 

It  may,  in  behalf  of  the  commonwealth,  and  with  the 
approval  of  the  governor  and  council,  take  by  eminent  do- 
main under  chapter  seventy-nine,  or  acquire  by  purchase  or 
lease,  land  suitable  for  ranges  for  target  practice  for  the 
armed  forces  of  the  commonwealth  and  upon  such  land  may, 
with  the  approval  of  the  governor  and  council,  erect  such 
buildings  and  construct  such  facilities  as  may  be  needed. 

Land  acquired  by  purchase  under  this  section  shall  be 
paid  for  by  the  commonwealth  upon  the  execution  of  such  a 
release  or  conveyance  as  shall  be  prescribed  by  the  attorney 
general. 

It  may,  in  behalf  of  the  commonwealth,  and  with  the 
approval  of  the  governor  and  council,  dispose  of  an  armory 
or  air  installation,  whenever  it  deems  that  the  continued 
existence  of  such  armory  or  air  installation  no  longer  suitably 
or  efficiently  serves  the  purposes  of  the  armed  forces  of  the 
commonwealth  either  due  to  obsolescence  or  changes  in  the 
defense  requirements. 

Section  127.    The  armory  commission  may,  by  agreement  ^^^^»^ 
with  the  mayor  or  city  manager  of  any  city  or  the  selectmen  owned  ar- 
of  any  town  owning  an  armory,  air  installation  or  outdoor  SaUatio'ns* 
target  range,  determine  the  value  of  the  land  and  buildings,  t^on^d 
and  on  approval  of  such  agreement  by  the  governor  and     """^  ' 
council  may  purchase  said  armory,  air  installation  or  out- 
door target  range  in  behalf  of  the  commonwealth,  and  there- 
upon title  to  the  land  and  buildings  so  purchased  shall  vest 
in  the  commonwealth. 

The  armory  commission  may,  by  agreement  with  the 
owners  of  the  armory  of  the  First  Corps  of  Cadets  in  Boston 
and  of  the  armory  of  the  Lawrence  Light  Guard  in  Medford, 
determine  the  value  of  the  land  and  buildings,  and  on 
approval  of  such  agreement  by  the  governor  and  council 
may  purchase  in  behalf  of  the  commonwealth  either  or  both 


558 


Acts,  1954. —  Chap.  590. 


of  said  armories,  and  thereupon  title  to  the  land  and  build- 
ings so  purchased  shall  vest  in  the  commonwealth. 
Expenditures.  SectiOTi  128.  To  meet  the  expenses  incurred  under  sec- 
tions one  hundred  and  twenty-six  and  one  hundred  and 
twenty-seven,  the  armory  commission  may  expend  such 
amounts  as  are  appropriated  therefor  by  the  general  court, 
together  with  such  armory  loan  funds  as  may  from  time  to 
time  be  authorized  specifically  by  the  general  court,  and  may 
accept  from  the  federal  government,  and  may  expend,  sub- 
ject to  appropriation,  any  funds  or  contributions  toward  the 
erection,  alteration  or  maintenance  of,  or  the  making  of  any 
addition  to,  any  armory,  air  installation,  or  facihty;  pro- 
vided, that  all  title,  interest  and  control  therein  remains 
vested  in  the  commonwealth. 


Maintenance 
of  armories 
by  private 
organizations, 
prohibited. 


Exceptions. 


Certain  drills 
and  parades, 
permitted. 


Penalty. 


Ancient  and 
Honorable 
Artillery 
Company  of 
Massachu- 
setts, rights 
preserved. 


Penalty. 


The  First 
Corps  of 
Cadets  and 
the  Second 
Corps  of 
Cadets,  rights 
preserved. 


XII.      GENERAL   PROVISIONS. 

Section  129.  Except  as  provided  in  section  one  hundred 
and  thirty,  no  body  of  men  shall  maintain  an  armory  or 
associate  together  as  a  company  or  organization  for  drill  or 
parade  with  firearms,  or  so  drill  or  parade,  except  the  armed 
forces  of  the  United  States,  the  armed  forces  of  the  common- 
wealth, and  the  Ancient  and  Honorable  Artillery  Company 
of  Massachusetts;  provided,  that  any  veteran  association 
composed  wholly  of  past  members  of  the  militia  of  the  com- 
monwealth may  maintain  an  armory  for  the  use  of  the  orga- 
nizations of  the  mihtia  to  which  its  members  belonged. 

Section  130.  The  commander-in-chief  may  prescribe  rules 
and  regulations  under  which  bodies  of  citizens  of  the  United 
States,  or  foreign  troops  to  whose  admission  to  the  United 
States  the  government  of  the  United  States  has  consented, 
may  drill  or  parade  with  firearms  or  harmless  imitations 
thereof.  He  may  authorize  the  use  by  any  such  body  of  any 
state  armory  or  air  installation  for  drill  or  training. 

Section  131.  Whoever  violates  any  provision  of  section 
one  hundred  and  twenty-nine  or  one  hundred  and  thirty 
shall  be  punished  by  a  fine  of  not  more  than  fifty  dollars  or 
by  imprisonment  for  not  more  than  six  months,  or  both. 

Section  132.  This  chapter  shall  not  affect  the  right  of 
the  Ancient  and  Honorable  Artillery  Company  of  Massa- 
chusetts to  maintain  its  organization  as  a  military  company 
and  its  constitution  and  by-laws  in  so  far  as  the  same  are 
not  repugnant  to  the  laws  of  the  commonwealth  or  of  the 
United  States. 

Section  133.  Civil  oflBcers  named  in  this  chapter  who 
neglect  or  refuse  to  obey  any  of  its  provisions  shall,  except 
as  otherwise  expressly  provided,  forfeit  not  less  than  twenty 
nor  more  than  five  hundred  dollars. 

Section  134-  The  First  Corps  of  Cadets  and  the  Second 
Corps  of  Cadets  shall  be  organized  as  the  commander-in- 
chief  directs,  and  may  retain  their  respective  names,  the 
right  to  wear  such  distinctive  uniforms  as  may  be  approved 
from  time  to  time  by  the  commander-in-chief,  and  retain 


Acts,  1954. —Chaps.  591,  592.  559 

their  ancient  privileges  as  prescribed  by  the  act  of  congress 
known  as  the  National  Defense  Act. 

Section  135.    The  commander-in-chief  may  appoint  dele-  Appointment 
gates  from  the  Massachusetts  National  Guard  Association  toceitarn*'* 
to  represent  the  national  guard,  army  and  air,  of  the  com-  authorized*' 
monwealth  at  the  annual  conventions  of  the  National  Guard 
Association  of  the  United  States.     The  necessary  expenses 
of  the  delegates  so  appointed  from  the  active  national  guard, 
army  or  air,  may  be  paid  out  of  military  appropriations. 

Section  2.    -Nothing  in  section  one  hundred  and  twenty-  Certain  rights, 
nine  or  one  hundred  and  thirty  of  chapter  thirty-three  of  etcrnfrto  be 
the  General  Laws,  as  appearing  in  section  one  of  this  act,  abrogated. 
shall  derogate  from  any  right,  privilege,  or  prerogative  here- 
tofore enjoyed  by  any  organization  under  the  provisions  of 
section  forty-nine  of  chapter  thirty-three  of  the  General  Laws 
as  existing  immediately  prior  to  the  effective  date  of  this 
act.  Approved  June  8,  1954. 


Chap.591 


An  Act  authorizing  certain  dentists  and  dental 
hygienists  formerly  employed  in  the  health  de- 
partment of  the  city  of  boston  to  be  reinstated 
solely  for  the  purpose  of  retirement. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  first  sentence  of  section  2  of  chapter  424 
of  the  acts  of  1954  is  hereby  amended  by  striking  out  the 
word  "July",  wherever  it  appears,  and  inserting  in  place 
thereof,  in  each  instance,  the  word :  —  May. 

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

Approved  June  8,  1954. 

An  Act  authorizing  the  placing  of  the  office  of  town  fhn^  509 
engineer  of  the  town  of  saugus  under  the  civil         ^' 
service   laws   and   providing   life   tenure   for  the 
incumbent. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  The  office  of  town  engineer  as  principal  head 
of  the  engineering  department  of  the  town  of  Saugus  shall, 
upon  the  effective  date  of  this  act,  become  subject  to  the 
civil  service  laws  and  rules  and  the  tenure  of  office  of  the 
incumbent  thereof  on  said  effective  date  shall  be  unhmited, 
subject,  however,  to  said  laws  and  rules;  provided,  that  said 
incumbent  shall  not  be  required  to  take  a  further  examination. 

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

Approved  June  8,  1954- 


560  Acts,  1954.  —  Chaps.  593,  594. 

Chap. 593  An  Act  relative  to  the  first  parish  of  westwood  and 

THE  FIRST  PARISH  OF  WESTWOOD,  UNITED  CHURCH,  AND 
VALIDATING  AND  CONFIRMING  THEIR  ACTS,  DEEDS  AND 
VOTES  AS  RELIGIOUS   CORPORATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  First  Parish  of  Westwood,  which  prior 
to  its  change  of  name  by  chapter  one  hundred  and  thirty- 
eight  of  the  acts  of  eighteen  hundred  and  ninety-nine  was 
called  the  Third  Parish  in  Dedham,  is  hereby  declared  to 
have  existed  as  a  corporation  duly  incorporated  by  law  until 
the  twenty-third  day  of  January,  nineteen  hundred  and  fifty, 
and  all  its  acts,  deeds  and  votes  as  a  reUgious  corporation  are 
hereby  vahdated  and  confirmed. 

Section  2.  The  said  First  Parish  of  Westwood  by  a  duly 
qualified  vote  on  the  twenty-eighth  day  of  December,  nine- 
teen hundred  and  forty-nine,  adopted  a  constitution,  by- 
laws and  the  name  "The  First  Parish  of  Westwood,  United 
Church",  to  become  effective  upon  approval  of  a  joint  session 
of  the  said  First  Parish  of  Westwood  and  the  First  Parish 
Church  of  Westwood,  Congregational,  a  voluntary  associa- 
tion. Said  First  Parish  of  Westwood,  a  religious  corporation, 
and  the  said  First  Parish  Church  of  Westwood,  Congrega- 
tional, a  voluntary  association,  in  joint  session  and  by  a  duly 
qualified  vote  approved  and  adopted  the  said  constitution, 
by-laws  and  the  name  "The  First  Parish  of  Westwood, 
United  Church"  on  the  twenty-third  day  of  January,  nine- 
teen hundred  and  fifty,  and  said  The  First  Parish  Church 
of  Westwood,  United  Church,  is  hereby  declared  a  religious 
corporation  and  all  its  acts,  deeds  and  votes  as  a  religious 
corporation  from  said  date  to  the  effective  date  of  this  act 
are  hereby  validated  and  confirmed. 

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

Approved  June  8,  1954. 

Chap. 594  An  Act  increasing  the  number  and  terms  of  office 

OF  THE  COMMISSIONERS  OF  THE  MASSACHUSETTS  MARITIME 
ACADEMY. 

Emergency  Whereas,    The  deferred  operation  of  this  act  would  tend 

preamble.  ^^  defeat  its  purpose,  which  is  to  provide  for  changing  the 
terms  of  office  of  the  commissioners  of  the  Massachusetts 
maritime  academy  and  to  provide  for  the  immediate  ap- 
pointment of  two  additional  commissioners,  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: 

G.  L.  (Ter.  SECTION  1.     Chapter  15  of  the  General  Laws  is  hereby 

§^22,'  etc.,  amended  by  striking  out  section  22,  as  most  recently  amended 

amended.  j^y  gectiou  4  of  chaptcr  1  of  the  acts  of  1942,  and  inserting 

Commissioners  in  place  thereof  the  following  section :  —  Section  22.    There 

ohuMtu^^'**'  shall  be  a  board  of  commissioners  of  the  Massachusetts 


Acts,  1954. —Chap.  595.  561 

maritime  academy  serving  in  the  department  and  consisting  maritime 
of  five  citizens  of  the  commonwealth,  one  of  whom  shall  ^'"''^^^^• 
annually  before  July  first  be  appointed  by  the  governor, 
with  the  advice  and  consent  of  the  council,  for  five  years 
from  said  day. 

Section  2.  Upon  the  effective  date  of  this  act  the  gover-  Terms  of 
nor  shall  appoint  two  citizens  of  the  commonwealth  to  the  °®'=*''«*'= 
board  of  commissioners  of  the  Massachusetts  maritime  acad- 
emy, one  for  a  term  of  three  years  and  one  for  a  term  of 
four  years.  The  vacancy  occurring  in  said  board  of  com- 
missioners in  the  year  nineteen  hundred  and  fifty-four  shall 
be  filled  by  appointment  for  a  period  of  five  years  and  there- 
after the  appointments  to  said  board  shall  be  in  accordance 
with  the  provisions  of  section  twenty-two  of  chapter  fifteen 
of  the  General  Laws,  as  amended  by  section  one  of  this  act. 

Approved  June  8,  1954. 

An  Act  relative  to  the  expiration  of  liens  on  certain  Chap. 595 

ESTATES    OF   DECEASED    PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  9  of  chapter  65  of  the  General  Laws,  g.  l.  (Ter. 
as  amended  by  section  1  of  chapter  445  of  the  acts  of  1952,  f  g'^^tt^' 
is  hereby  further  amended  by  adding  at  the  end  the  follow-  amended. 
ing  paragraph :  — 

The  hen  charged  by  this  chapter  upon  any  real  estate  or  Expiration  of 
separate  parcel  thereof  shall  terminate  upon  the  expiration  ia^^^^ates" 
of  thirty  years  from  the  date  of  death  of  the  deceased  or  of  deceased 
upon  the  expiration  of  ten  years  from  the  date  of  approval  Kgui^t^ed. 
by  the  probate  court  of  the  bond  of  the  executor  or  ad- 
ministrator of  the  estate  of  the  deceased,  whichever  first 
occurs;  provided,  that  written  notice  of  the  said  death  or 
probate  shall  be  given  to  the  commissioner  of  corporations 
and  taxation  by  the  executor,  administrator,  trustee,  sur- 
viving joint  owner,  donee  or  owner  on  a  form  provided  by 
the  commissioner,  unless  the  commissioner  of  corporations 
and  taxation  shall  have  commenced  before  such  termination 
date  an  action  to  enforce  said  hen  and  shall  have  filed  notice 
of  such  action  in  the  registry  of  deeds  or  land  registration 
office  for  the  district  where  the  real  estate  hes,  such  notice 
to  be  filed  and  indexed  in  the  name  of  the  decedent  whose 
property  is  alleged  to  be  subject  to  such  Hen,  except  that  in 
the  case  of  the  lien  imposed  upon  any  future  interest  such 
hen  shall  terminate  upon  the  expiration  of  ten  years  after 
the  right  of  possession  or  enjoyment  accrues;  provided,  that 
written  notice  shall  be  given  to  the  commissioner  as  above 
provided  that  said  right  of  possession  or  enjoyment  has 
accrued,  unless  the  commissioner  shall  have  sooner  com- 
menced an  action  for  the  enforcement  of  such  lien  and  have 
filed  similar  notice  with  respect  thereto.  If  any  written 
notice  to  the  commissioner  required  by  this  section  is  not 
received  by  him  within  one  year  from  the  date  of  death,  or 
the  approval  of  the  bond  of  the  executor  or  administrator, 


562 


Acts,  1954. —  Chaps.  596,  597. 


Effect  on 
certain  liens. 


Same 
subject. 


or  the  accrual  of  a  right  of  possession  or  enjoyment  of  a 
future  interest,  as  the  case  may  be,  the  period  of  limitation 
provided  herein  shall  commence  from  the  date  of  such  receipt. 
Upon  request,  the  commissioner  shall  stamp,  with  the  date 
of  filing,  a  duplicate  copy  of  said  written  notice,  which  copy 
may  be  filed  in  the  registry  of  probate  in  the  estate  of  the 
deceased  or  in  the  registry  of  deeds  or  the  district  registry 
where  the  land  Ues,  and  such  stamp  shall  be  conclusive 
evidence  that  the  notice  was  given. 

Section  2.  A  hen  charged  by  chapter  sixty-five  of  the 
General  Laws  prior  to  the  effective  date  of  this  act  shall, 
unless  already  discharged,  become  subject  to  the  provisions 
of  section  nine  of  said  chapter  sixty-five,  as  amended  by 
section  one  of  this  act,  provided  that  said  lien  would  not 
have  expired  prior  to  July  first,  nineteen  hundred  and  fifty- 
six  under  the  provisions  of  said  section.  If  said  lien  would 
expire  prior  to  such  date,  said  lien  shall  expire  on  July  first, 
nineteen  hundred  and  fifty-six  unless  the  commissioner 
shall  have  commenced  before  that  date  an  action  to  enforce 
said  lien  as  provided  in  said  section  nine,  regardless  of  lack 
of  notice  to  the  commissioner  as  required  by  said  section. 

Section  3.  In  the  case  of  any  such  hen  in  effect  on  July 
first,  nineteen  hundred  and  fifty-six,  the  period  of  time  of  the 
existence  of  the  lien  prior  to  that  date  shall  be  deducted  from 
the  hmitation  period  provided  by  said  section  nine  of  chap- 
ter sixty-five  of  the  General  Laws  as  amended  by  section  one 
of  this  act.  Approved  June  8,  1954- 


Chap.59Q  An  Act   providing   for  improvements  to  the   outlet 

BROOK  FROM  MUSQUASHIAT  POND  IN  THE  TOWN  OF  SCITUATE. 

Be  it  enacted,  etc.,  as  folloios: 

The  department  of  pubhc  works  is  hereby  authorized  and 
directed  to  dredge  a  channel  from  Musquashiat  pond  to 
Gulf  river,  to  construct  a  new  sluiceway  in  said  channel,  to 
construct  a  new  bridge  at  Hatherly  road  and  to  do  such 
incidental  work  in  said  channel,  all  within  the  town  of 
Scituate,  as  may  be  required  to  convert  the  said  pond  into  a 
salt  water  pond.  The  town  of  Scituate,  upon  completion 
of  the  said  work,  shall  maintain  and  operate  said  structures 
and  channel.  The  said  department  may  expend  for  the  said 
structures,  channel  and  incidental  work  such  sums  as  are 
available  or  as  may  be  made  available  therefor. 

Approved  June  8,  1954- 


Chap. 597  An  Act  making  permanent  certain  temporary  positions 

IN  THE  government  OF  THE  COMMONWEALTH. 

Be  it  enacted,  etc.,  as  folloios: 

Notwithstanding  the  provisions  of  section  six  of  chapter 
four  hundred  and  fifty-three  of  the  acts  of  nineteen  hundred 
and  fifty-four  or  of  any  provision  of  any  supplementary 


Acts,  1954. —  Chap.  598.  563 

appropriation  act  for  the  fiscal  year  nineteen  hundred  and 
fifty-five,  the  number  of  permanent  positions  duly  approved 
with  reference  to  each  item  thereby  appropriated  for  personal 
services  shall  be  increased  to  include,  in  each  case,  every 
year-round  temporary  position  (1)  for  which,  for  a  con- 
tinuous period  of  three  years  or  more  past  from  January 
first,  nineteen  hundred  and  fifty-four,  compensation  has 
been  duly  paid  or  authorized  under  the  same  or  a  like  item 
in  prior  appropriation  acts  and  (2)  which  exists  in  connection 
with  the  maintenance  of  any  agency  of  the  commonwealth 
estabUshed,  or  the  performance  of  any  service  by  the  com- 
monwealth required  or  provided  for,  by  virtue  of  any  general 
act  the  operation  of  which  is  not  expressly  limited  as  to  time. 
The  director  of  personnel  shall,  by  title  and  code  number 
and  subject  to  approval  of  the  commission  on  administration 
and  finance,  certify  to  the  budget  commissioner,  the  comp- 
troller, the  director  of  civil  service,  each  appointing  au- 
thority concerned,  and  the  house  and  senate  committees 
on  ways  and  means,  each  such  position  to  be  so  included. 
The  provisions  of  this  act  shall  not  apply  to  any  present 
or  future  temporary  position  created  by  any  general  or 
special  act  the  operation  of  which  is  expressly  limited  as  to 
time  nor  for  any  such  position  in  a  service  which  by  its  nature 
or  intent  is  temporary.  Approved  June  8,  1954. 


An  Act  relating  to  care  and  treatment  of  the  aging  Chav.59S 

AND   MENTALLY   ILL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  7  of  chapter  123  of  the  General  Laws,  o.  l.  (Ter. 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended  ^^ende^d.'  ^  ^' 
by  adding  at  the  end  the  following  two  sentences:  —  The  Care  and 
department  may  construct  and  develop  hospitals  or  portions  thf  a^ing!  "^ 
thereof  under  its  control  for  use  as  homes  or  hospitals  for  regulated! 
aging  persons  who  are   not   mentally  ill.     Admissions   of 
patients  to  said  hospitals  or  homes  shall  be  voluntary  and 
not  by  commitment  and  said  hospitals  or  homes,  although 
under  the  supervision  and  control  of  said  department,  shall 
be  deemed  to   be  public  medical  institutions  within  the 
meaning  of  section  one  B  of  chapter  one  hundred  and  eighteen 
A  and  section  one  of  chapter  one  hundred  and  eighteen  D. 

Section  2.     Section   16   of  said   chapter   123,   as  most  Ed.^.'iJsT' 
recently  amended  by  chapter  189  of  the  acts  of  1954,  is  §i6.'eto.,' 
hereby  further  amended  by  striking  out  the  second  sentence  ^™'^"  ^ 
and  inserting  in  place  thereof  the  following  sentence :  — 
The  cost  to  the  commonwealth  of  the  board  of  such  patients  cost  of  board 
supported  at  the  public  expense  shall  not  exceed  a  weekly  weaith™'*° 
amount  for  each  patient  as  determined  by  agreement  made  •»'»'t«d. 
annually  on  or  before  October  first  between  the  department 
and    the    commissioner   of   administration,    which   amount 
shall  not  exceed  the  weekly  cost  of  maintaining  any  such 
patient  in  a  state  hospital. 


564 


Acts,  1954. —  Chap.  598. 


G.  L.  (Ter. 
Ed),  123, 
§  28,  etc., 
amended. 

Qualifications 
required  of 
superintend- 
ents of  cer- 
tain state 
hospitals. 


Removal  of 
superintendent. 


Appeal. 


G.  L.  (Ter. 
Ed.),  123, 
§  96,  etc., 
amended. 


Support  of 
inmates  of 
state  hospi- 
tals. 


Section  3.  Said  chapter  123  is  hereby  further  amended 
by  striking  out  section  28,  as  most  recently  amended  by 
chapter  638  of  the  acts  of  1945,  and  inserting  in  place  thereof 
the  following  section :  —  Section  28.  When  a  vacancy  in  the 
position  of  superintendent  of  a  state  hospital  occurs,  the 
trustees  shall  appoint  to  such  vacancy  from  a  panel  of  not 
less  than  three  names  submitted  by  the  commissioner,  a 
physician  who  is  a  diplomate  in  psychiatry  of  the  American 
Board  of  Psychiatry  and  Neurology,  Incorporated,  who 
shall  have  had  at  least  four  years'  administrative  experience 
in  a  state  or  federal  hospital  for  mental  diseases  or  in  any 
equivalent  psychiatric  organization,  or  at  least  three  years' 
experience  as  aforesaid,  and  at  least  one  j'^ear's  experience 
in  the  department  controlling  such  hospital.  If  the  trustees 
fail  to  make  an  appointment  from  the  above-mentioned 
panel  within  a  period  of  sixty  days  from  the  submission  to 
them  of  such  panel,  the  commissioner  shall  appoint  a  super- 
intendent qualified  as  provided  above.  The  superintendent 
shall  appoint  and  may  remove  a  treasurer  and  assistant 
treasurer  in  each  state  hospital,  each  of  whom  shall  give 
bond  for  the  faithful  performance  of  his  duties.  The  pro- 
visions of  section  forty-two  of  chapter  thirty-one  shall  apply 
to  the  appointment  of  such  treasurers  and  assistant  treas- 
urers. The  superintendent  shall  appomt  and  may  remove 
assistant  physicians  and  necessary  subordinate  officers  and 
other  persons.  A  superintendent  of  a  state  hospital  may  be 
removed  by  the  trustees  thereof  with  the  approval  of  the 
department,  for  inefficiency,  failure  to  perform  duties  prop- 
erly or  other  good  cause.  A  superintendent  sought  to  be 
so  removed  shall  be  notified  of  the  proposed  action,  shall  be 
furnished  with  a  copy  of  the  reasons  therefor  and  shall  be 
given  a  hearing  before  the  trustees  and  be  allowed  to  answer 
the  charges  preferred  against  him,  either  personally  or  by 
counsel.  Within  twenty  days  after  the  removal  herein- 
before provided  for,  said  superintendent  may  bring  a  petition 
in  the  superior  court  within  and  for  the  county  wherein  he 
resides,  praying  that  the  action  of  said  trustees  may  be 
reviewed  by  the  court,  and,  after  such  notice  to  the  trustees 
as  the  court  deems  necessary,  it  shall  review  such  action, 
hear  the  witnesses,  and  shall  affirm  the  decision  of  the  trustees 
unless  it  shall  appear  that  such  decision  was  made  without 
proper  cause  or  in  bad  faith,  in  which  case  said  decision  shall 
be  reversed  and  the  petitioner  be  reinstated  in  his  office 
without  loss  of  compensation.  The  decision  of  the  court 
shall  be  final  and  conclusive  upon  the  parties. 

Section  4.  Section  96  of  chapter  123  of  the  General 
Laws  is  hereby  amended  by  striking  out  the  first  paragraph, 
as  amended  by  section  41  of  chapter  351  of  the  acts  of  1941, 
and  inserting  in  place  thereof  the  following  paragraph:  — 
The  price  for  the  support  of  inmates  of  state  hospitals, 
except  for  insane  inmates  of  the  Tewksbury  state  hospital 
and  infirmary  and  of  the  Bridgewater  state  hospital  shall 
be  determined  for  each  person  by  the  department  on  the 


Acts,  1954. —Chap.  599.  565 

basis  of  the  actual  weekly  cost  of  care  as  determined  by  Contribution 
the   commission   on   administration   and   finance   annually  p'e°r8orf8?when 
on  or  before  October  first  in  each  year  for  each  person,  and  recoverable 
may  be  recovered  of  such  persons  or  of  the  husband,  wife, 
father,  mother  or  child,  if  of  sufficient  ability.    A  married 
woman  shall  be  subject  to  the  said  hability  as  though  sole. 
Such  action  shall  be  brought  by  the  attorney  general  in  the 
name  of  the  state  treasurer. 

Section  5.    Section  29  of  said  chapter  123,  as  amended  gj^Ug"- 
by  section  13  of  chapter  486  of  the  acts  of  1938,  is  hereby  §29.' etc.,' 
further  amended  by  adding  at  the  end  the  following  clause:  —  amended. 

(/)  They   may   encourage   the   establishment   of   mental  ^enrew  or ''"^^ 
health  centers  or  clinics  in  any  community  and  inform  the  cUnics,  estab- 
public  of  measures  that  may  be  taken  to  prevent  mental  ^^^°^^"**'^- 
disease  and  thus  reduce  mental  hospital  admissions. 

Approved  June  8,  1954- 


Chap.599 


An  Act  relative  to  the  basis  of  determination  of  gain 

OR    LOSS    realized    FROM    THE    SALE    OF    CAPITAL    ASSETS 
UNDER  THE    INCOME   TAX    LAW. 

Whereas,    The  deferred  operation  of  this  act  would  tend  p^f^bie""^ 
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  preserva- 
tion of  the  pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Subsection  (c)  of  section  5  of  chapter  62  of  Ed)'-^J®'"' 
the  General  Laws,  as  most  recenth''  amended  by  section  1  of  §  s'.  etc.' 
chapter  481  of  the  acts  of  1935,  is  hereby  further  amended  '"^'"°'^®''- 
by  striking  out,  in  lines  11  and  12,  the  words  ",  when  ac- 
quired by  purchase,  or  value  when  acquired  by  gift,",  — 
and  by  adding  at  the  end  the  following  paragraph:  — 

As  used  in  this  subsection  the  term  "cost"  shall  mean,  "Cost", 
in  the  case  of  a  purchase  by  the  taxpayer,  the  purchase  price  capitaf  asJet 
of  the  property;    in  the  case  of  property  acquired  by  gift  th^?°co^ "'*^" 
prior  to  July  first,  nineteen  hundred  and  fifty-four,  the  cost  tax  law. 
shall  be  the  fair  market  value  at  the  date  of  the  gift;  in  the 
case  of  property  acquired  by  gift  after  June  thirtieth,  nine- 
teen hundred  and  fifty-four,  the  cost  shall  be  the  cost  to  the 
donor  or  the  last  preceding  owner  by  whom  it  was  not  ac- 
quired by  gift,  or  the  fair  market  value  at  the  date  of  the 
gift,  whichever  is  lower;    and  in  the  case  of  property  ac- 
quired by  bequest  or  inheritance,  the  cost  shall  be  the  fair 
market  value  of  the  property  at  the  date  acquired. 

Section  2.    Section  7  of  said  chapter  62,  as  amended,  is  g.  l.  (Xer. 
hereby  further  amended  by  striking  out  the  second  and  f  T.^eto^,' 
third  paragraphs,  as  appearing  in  the  Tercentenary  Edition,  amended. 
and  inserting  in  place  thereof  the  following  paragraphs:  — 

In  determining  gains  or  losses  reahzed  from  the  sale  of  Determination 
capital  assets,  the  basis  of  determination  in  case  of  property  lossea  realized 
owned  on  January  first,  nineteen  hundred  and  sixteen,  shall  ^'"°™  ^*'®  "^ 


566  Acts,  1954.  — Chap.  600. 

reguiated^^''**'  ^^  *^^  valuB  Oil  that  date  or  the  cost  thereof,  whichever  is 
higher,  and  in  case  of  property  acquired  by  purchase  there- 
after, except  as  otherwise  expressly  provided,  the  cost 
thereof.  If  the  property  other  than  stock  dividends  in  new 
stock  of  the  company  issuing  the  same  and  rights  to  sub- 
scribe to  securities  was  acquired  by  gift  prior  to  July  first, 
nineteen  hundred  and  fifty-four,  the  basis  of  determination 
of  the  gain  or  loss  shall  be  the  fair  market  value  on  the  date 
when  it  was  so  acquired.  If  the  property  other  than  stock 
dividends  in  new  stock  of  the  company  issuing  the  same  and 
rights  to  subscribe  to  securities  was  acquired  by  gift  after 
June  thirtieth,  nineteen  hundred  and  fifty-four,  the  basis  of 
determination  of  the  gain  or  loss  shall  be  the  cost  to  the 
donor  or  the  last  preceding  owner  by  whom  it  was  not  ac- 
quired by  gift,  or  the  fair  market  value  at  the  date  of  the 
gift,  whichever  is  lower.  If  the  property  other  than  stock 
dividends  in  new  stock  of  the  company  issuing  the  same  and 
rights  to  subscribe  to  securities  was  acquired  by  devise, 
bequest  or  inheritance,  the  cost  shall  be  the  fair  market 
value  of  the  property  on  the  date  when  it  was  so  acquired. 
In  the  case  of  real  or  tangible  personal  property  acquired 
by  purchase,  the  foregoing  basis  shall  be  diminished  by  the 
amount  of  depreciation  allowable  to  the  taxpayer  under  the 
provisions  of  this  chapter  and  corresponding  provisions  of 
earher  laws.  In  the  case  of  real  or  tangible  personal  property 
acquired  by  gift,  if  the  foregoing  basis  is  determined  by 
reference  to  cost  to  the  donor  or  previous  owner  who  did  not 
acquire  the  property  by  gift,  such  basis  shall  be  further 
reduced  by  the  amount  of  depreciation  allowable  to  such 
previous  owner  or  owners  under  the  provisions  of  this  chap- 
ter and  corresponding  provisions  of  earlier  laws.  In  the  case 
of  intangible  personal  property,  the  foregoing  basis  shall  be 
diminished  by  any  amounts  received  in  distribution  of 
capital.  Approved  June  9,  1954. 

Chap. 600  An  Act  authorizing  the  city  of  malden  to  borrow 

MONEY  FOR  THE  PURPOSE  OF  CONSTRUCTING  A  PUBLIC 
PARKING  PLACE,  INCLUDING  DRAINAGE  AND  INSTALLATION 
OF  LIGHTING  FACILITIES,  AND  AUTHORIZING  THE  INSTAL- 
LATION OF  PARKING  METERS  ON  SUCH  PARKING  PLACE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  constructing  a  pubUc 
parking  space  the  city  of  Maiden  may,  for  such  purpose, 
acquire  by  purchase  or  otherwise,  or  take  by  eminent 
domain  under  the  provisions  of  chapter  seventy-nine  or 
eighty  A  of  the  General  Laws,  land  and  buildings  located 
on  Garnet  and  Waverly  streets  or  either  of  them  or  any 
other  streets  in  said  city  as  the  city  council  may  determine. 
Said  city  may  for  the  purposes  of  this  act  borrow,  from  time 
to  time,  within  a  period  of  five  years  from  the  passage  of 
this  act,  such  sums  as  may  be  necessary,  not  exceeding  in 
the  aggregate  two  hundred  and  fifty  thousand  dollars,  and 


Acts,  1954. —  Chap.  601.  567 

may  issue  bonds  or  notes  therefor  which  shall  bear  on  their 
face  the  words,  City  of  Maiden,  PubUc  Parking  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,  but  shall,  except  as 
herein  provided,  be  subject  to  chapter  forty-four  of  the 
General  Laws,  exclusive  of  the  limitation  contained  in  the 
first  paragraph  of  section  seven  thereof. 

Section  2.  The  city  may  install  parking  meters  in  said 
off-street  parking  areas  and  the  receipts  thereof  shall  be 
appUed  annually  first,  to  reimbursing  the  city  for  its  annual 
payments  on  account  of  the  above  mentioned  loan  and  sec- 
ondly, for  any  of  the  purposes  for  which  parking  meter  re- 
ceipts may  be  used  under  sections  twenty-two  B  and  twenty- 
two  C  of  chapter  forty  of  the  General  Laws,  including  the 
taking  by  eminent  domain  under  chapters  seventy-nine  and 
eighty  A  of  the  General  Laws  of  additional  parking  lots  and 
the  care  and  maintenance  of  the  same. 

Section  3.  Upon  liquidation  of  the  loan  authorized  by 
section  one,  receipts  from  said  parking  meters  may  be  used 
for  the  purposes  prescribed  by  sections  twenty-two  B  and 
twenty-two  C  of  chapter  forty  of  the  General  Laws,  or  for 
the  purposes  of  acquiring  such  other  off-street  parking  spaces 
in  said  city  by  purchase,  or  otherwise,  or  by  eminent  domain, 
as  the  city  council  shall  determine. 

Section  4.  Said  city  may  acquire  said  meters  in  the 
manner  provided  by  section  twenty-two  A  of  chapter  forty 
of  the  General  Laws. 

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

Approved  June  9,  1954. 


An  Act  authorizing  the  state  treasurer  to  issue  a 

NEW   check   to   the    ESTATE    OF   FELIX   STRUNGIS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  section 
thirty-two  of  chapter  twenty-nine  of  the  General  Laws,  the 
state  treasurer  is  hereby  authorized  and  directed  to  issue  a 
new  check  in  lieu  of  check  number  74060,  dated  February 
seventh,  nineteen  hundred  and  forty-six,  payable  to  the 
order  of  Estate  of  Felix  Strungis,  Mary  Bahtch  ADMX 
c/o  Charles  D.  Mahoney,  Esq.,  423  Bay  State  Building, 
Lawrence,  Massachusetts,  in  the  amount  of  one  hundred 
and  forty-nine  dollars  and  forty-seven  cents. 

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

Approved  June  9,  1954- 


Chapmi 


668  Acts,  1954. —  Chaps.  602,  603. 


Chap. 602  An  Act  relative  to  the  election  of  certain  officials 

IN  THE  city  of  BEVERLY  BY  THE  BOARD  OF  ALDERMEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  first  sentence  of  section  14  of  chapter 
542  of  the  acts  of  1910,  as  amended  by  section  6  of  chapter 
29  of  the  acts  of  1936,  is  hereby  further  amended  by  striking 
out,  in  line  2,  the  word  "odd-numbered"  and  inserting  in 
place  thereof  the  word:  —  even-numbered, — so  as  to  read 
as  follows :  —  The  board  of  aldermen  shall  in  the  month  of 
January  in  each  even-numbered  year,  as  soon  after  its  or- 
ganization as  may  be,  elect  a  city  clerk,  a  city  collector  of 
taxes,  a  city  messenger,  a  city  treasurer,  a  city  physician 
and  a  clerk  of  committees,  all  for  the  term  of  two  years  from 
the  first  Monday  in  said  January  and  until  their  respective 
successors  are  quahfied. 

Section  2.  The  terms  of  office  of  the  city  clerk,  city 
collector  of  taxes,  city  messenger,  city  treasurer,  city  physi- 
cian and  the  clerk  of  committees,  elected  by  the  board  of 
aldermen  in  the  city  of  Beverly  in  January,  nineteen  hun- 
dred and  fifty-three,  under  the  provisions  of  section  fourteen 
of  chapter  five  hundred  and  forty-two  of  the  acts  of  nineteen 
hundred  and  ten,  as  existing  prior  to  the  effective  date  of 
this  act,  are  hereby  extended  to  the  first  Monday  of  January 
in  the  year  nineteen  hundred  and  fifty-six,  and  until  their 
respective  successors  are  qualified. 

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

Approved  June  9,  1954. 

Chap.QOS  An  Act  making  appropriations  for  the  maintenance  of 

CERTAIN  counties,  THEIR  DEPARTMENTS,  BOARDS,  COM- 
MISSIONS AND  INSTITUTIONS,  OF  SUNDRY  OTHER  SERVICES, 
FOR  CERTAIN  PERMANENT  IMPROVEMENTS,  FOR  INTEREST 
AND  DEBT  REQUIREMENTS,  AND  TO  MEET  CERTAIN  REQUIRE- 
MENTS OF  LAW  AND  GRANTING  A  COUNTY  TAX  FOR  SAID 
COUNTIES. 

preambi""^  Wheretts,   The  deferred  operation  of  this  act  would  result 

in  unnecessarily  extending  the  period  during  which  county 
expenditures  would  be  made  in  anticipation  of  appropriation, 
therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  maintenance  of  certain 
counties,  their  departments,  boards,  commissions  and  in- 
stitutions, of  sundry  other  services,  for  certain  permanent 
improvements,  for  interest  and  debt  requirements,  and  to 
meet  certain  requirements  of  law,  the  following  sums  for  the 
several  purposes  and  subject  to  the  condition  specified  in 
section  two  are  hereby  appropriated,  subject  to  the  pro- 
visions of  law  regulating  the  disbursement  of  county  funds 


Acts,  1954. —  Chap.  603. 


569 


and  the  approval  thereof  for  the  year  nineteen  hundred  and 
fifty-four :  — 


Barnstable  County. 
Item 

1.  For  interest  on  county  debt 

2.  For  reduction  of  county  debt 

3.  For  county  commissioners,  salaries  and  expenses 

4.  For  transportation  and  expenses  of  county  and  act- 

ing commissioners  .... 

5.  For  clerk  of  courts,  salaries  and  expenses 

6.  For  county  treasurer,  salaries  and  expenses 

7.  For  sheriff,  salary  and  expenses 

8.  For  registry  of  deeds,  salaries  and  expenses 
8a.  For  registry  of  probate,  salaries  and  expenses 

9.  For  law  libraries,  salaries  and  expenses 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages 

12.  For  criminal  costs  in  superior  court 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and   land   courts,   including  auditors, 
masters  and  referees 

14.  For  district  courts,  salaries  and  expenses 

15.  For  medical  examiners  and  commitments  of  insane 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation 

17.  For  training  school    . 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation 
20.     For  county  aid  to  agriculture,  maintenance  and 
operation       ...... 

22.  For  hospital  or  sanatorium 

23.  For  county  health  service  .... 

24.  For  non-contributory  pensions    . 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ..... 

26.  For  miscellaneous  and  contingent  expenses  . 

27.  For  unpaid  bills  of  previous  years 

28.  For  reserve  fund        ..... 
28a.  For  reserve  for  salary  adjustments 

29.  For   advertising  recreational  advantages  of   the 

county  .... 

30.  For  state  fire  patrol  . 

31.  For  maintenance  forest  fire  apparatus 

32.  For  police  training  school  and  bureau  of  criminal 

identification 

33.  For  pohce  radio  station 

36.  For  beach  commission 

37.  For  seal  coating  driveways 

38.  For  airplane      .... 

And  the  county  commissioners  of  Barnstable 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  coimty  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended,  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes 


$6,375  00 

37,348  00 

16,100  00 

700  00 

16,366  00 

15,086  90 

8,721  50 

89,049  50 

6,980  00 

2,500  00 

128,100  00 

23,315  84 


18,160  00 

55,183  30 

3,678  00 

116,535  00 
600  00 

17,706  40 

36,215  00 

432,435  00 

35,975  00 

1,273  00 

11,653  70 

9,018  67 

500  00 

10,000  00 
4,900  00 

25,000  00 
4,000  00 
1,000  00 

13,225  00 

26,872  00 

600  00 

3,500  00 

8,969  00 


$652,891  63 


Berkshire  County. 

1.     For  interest  on  county  debt        ....  $1,650  00 

3.  For  county  commissioners,  salaries  and  expenses  16,867  50 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  1,000  00 


570 


Acts,  1954. —  Chap.  603. 


Item 

5.  For  clerk  of  courts,  salaries  and  expenses     .         .  $20,455  00 

6.  For  county  treasurer,  salaries  and  expenses  9,144  00 

7.  For  sheriff,  salary  and  expenses  ....  6,350  00 

8.  For  registries  of  deeds,  salaries  and  expenses         .  82,996  00 
8a.  For  registry  of  probate,  expenses                             .  4,510  00 

9.  For  law  libraries,  salaries  and  expenses         .          .  7,079  00 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages 180,799  00 

11.  For  examination  of  dams   .....  300  00 

12.  For  criminal  costs  in  superior  court               .          .  24,515  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and  land   courts,   including  auditors, 

masters  and  referees        .....  29,455  00 

14.  For  district  courts,  salaries  and  expenses  109,766  98 

15.  For  medical  examiners  and  commitments  of  insane  9,000  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ......  96,813  50 

17.  For  training  school 2,000  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation  .....  40,234  95 
20.     For  county  aid  to  agriculture,  maintenance  and 

operation       .......  43,064  50 

21a.  For  state  reservation,  maintenance  and  operation, 

Mount  Greylock 31,536  98 

21b.  For  state  reservation,  maintenance  and  operation. 

Mount  Everett 3,737  00 

22.     For  hospital  or  sanatorium          ....  79,019  95 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  20,853  76 

26.  For  miscellaneous  and  contingent  expenses  .  2,500  00 

27.  For  unpaid  bills  of  previous  years        .                   .  500  00 

28.  For  reserve  fund 6,000  00 

28a.  For  reserve  for  salary  adjustments       .         .         .  1,900  00 

29.  For  advertising  recreational  advantages  of  the 

county 15,000  00 

30.  For  forest  development  in  co-operation  with  the 

state 1,500  00 

32.     For  Dutch  elm  disease 6,000  00 

34.     For  forest  fire  patrol 4,000  00 

And  the  county  commissioners  of  Berkshire  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for  the 
above  purposes      ......       $681,501  59 


Bristol  County. 

1.  For  interest  on  county  debt 

2.  For  reduction  of  coimty  debt 

3.  For  county  commissioners,  salaries  and  expenses 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .... 

5.  For  clerk  of  courts,  salaries  and  expenses 

6.  For  county  treasurer,  salaries  and  expenses 

7.  For  sheriff,  salary  and  expenses 

8.  For  registries  of  deeds,  salaries  and  expenses 
8a.  For  registry  of  probate,  salaries  and  expenses 

9.  For  law  libraries,  salaries  and  expenses 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages  .... 

12.     For  criminal  costs  in  superior  court 


$10,392  50 
40,000  00 
14,100  00 

500  00 
51,692  00 
31,880  00 
8,225  00 
155,417  01 
16,540  00 
21,650  00 

189,990  00 
96,803  85 


Acts,  1954.  — Chap.  603. 


571 


Item 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and  land   courts,   including  auditors, 
masters  and  referees       ..... 

14.  For  district  courts,  salaries  and  expenses 

1 5.  For  medical  examiners  and  commitments  of  insane 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation  ..... 

17.  For  training  school    ..... 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation        .... 
20.     For  agricultural  school,  maintenance  and  opera 
tion      ....... 

24.  For  non-contributory  pensions    . 

25.  For  contributory  retirement  systems  and  super 

visory  expenses      ..... 

26.  For  miscellaneous  and  contingent  expenses  . 

27.  For  unpaid  bills  of  previous  years 

28.  For  reserve  fund        ..... 
28a.  For  reserve  for  salary  adjustments 

29.  For  coimty  forest  fire  patrol 

And  the  coimty  commissioners  of  Bristol  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  coimty  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be  ex- 
pended, together  with  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the 
above  purposes       ...... 


$74,000  00 

226,836  78 

28,150  00 

182,400  00 
3,000  00 

168,230  00 

281,436  00 
10,875  15 

37,981  57 

20,952  65 

2,500  00 

10,000  00 

7,700  00 

4,000  00 


.■$1,144,280  28 


Dukes  County. 

1.  For  interest  on  county  debt        ....  .$2,20000 

2.  For  reduction  of  county  debt      ....  22,500  00 

3.  For  county  commissioners,  salaries  and  expenses  .  5,250  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  350  00 

5.  For  clerk  of  courts,  salaries  and  expenses               .  6,205  00 

6.  For  county  treasurer,  salaries  and  expenses            .  2,925  00 

7.  For  sheriff,  salary  and  expenses            .                   .  2,540  00 

8.  For  registry  of  deeds,  salaries  and  expenses           .  9,815  50 
8a.  For  registry  of  probate,  expenses  980  00 

9.  For  law  libraries,  salaries  and  expenses  600  00 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages            .....  24,450  00 

12.  For  criminal  costs  in  superior  court               .          .  2,975  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and  land   courts,   including  auditors, 

masters  and  referees        .....  1,500  00 

14.  For  district  courts,  salaries  and  expenses      .  12,327  50 

15.  For  medical  examiners  and  commitments  of  insane  500  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ......  8,625  00 

18.  For  court  houses  and  registry  buildings,  mainte- 
nance and  operation                  .          .  3,125  00 

20.     For  county  aid  to  agriculture,  maintenance  and 

operation 11,770  00 

21a.  For  state  reservation,  maintenance  and  operation, 

Gay  Head 600  00 

21b.  For  state  reservation,  Indian  burial  ground  400  00 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  1,923  88 

26.  For  miscellaneous  and  contingent  expenses  .         .  2,552  00 

27.  For  unpaid  biUs  of  previous  years        .         .         .  1,500  00 

28.  For  reserve  fund 3,500  00 


572 


Acts,  1954. —  Chap.  603. 


Item 
28a. 
29. 

30. 
31. 
32. 
34. 


For  reserve  for  salaly  adjustments 
For  advertising  recreational   advantages  of  the 
county  ...... 

For  county  rodent  control 

For  county  airport,  maintenance  and  operation 

For  woodtick  control  .... 

For  Dukes  county  soil  conservation  district 

And  the  county  commissioners  of  the  county  of 
Dukes  county  are  hereby  authorized  to  levy  as 
the  county  tax  of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended,  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes 


$200  00 

14,730  00 

6.500  00 

29,515  00 

1,250  00 

250  00 


$113,282  97 


Essex  County. 

1.  For  interest  on  county  debt        ....  $20,350  00 

2.  For  reduction  of  county  debt      ....  209,000  00 

3.  For  county  commissioners,  salaries  and  expenses  .  32,260  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  1,300  00 

5.  For  clerk  of  courts,  salaries  and  expenses               .  80,870  00 

6.  For  county  treasurer,  salaries  and  expenses           .  32,635  00 

7.  For  sheriflf,  salary  and  expenses                     .         .  8,315  00 

8.  For  registries  of  deeds,  salaries  and  expenses         .  317,325  00 
8a.  For  registry  of  probate,  salaries  and  expenses        .  10,511  00 

9.  For  law  libraries,  salaries  and  expenses  16,860  00 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages  .....  333,344  00 

12.  For  criminal  costs  in  superior  court     .  .  91,285  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and   land   courts,   including  auditors, 

masters  and  referees       .....         129,900  00 

14.  For  district  courts,  salaries  and  expenses  357,105  00 

15.  For  medical  examiners  and  commitments  of  insane  28,000  00 

16.  For  jails  and  houses  of  correction,  maintenance  and 

operation 197,970  00 

17.  For  training  school    ......  165,695  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation       .....  160,596  00 

20.     For  agricultural  school,  maintenance  and  operation  451,900  00 

24.  For  non-contributory  pensions    ....  27,528  46 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  87,222  60 

26.  For  miscellaneous  and  contingent  expenses  .  11,150  00 

27.  For  unpaid  bills  of  previous  years        .                   .  4,500  00 

28.  For  reserve  fund 15,000  00 

28a.  For  reserve  for  salary  adjustments       .          .          .  15,000  00 

29.  For  forest  development 1,500  00 

30.  For  fire  patrol 3,700  00 

31.  For  advertising  recreational,  industrial  and  agri- 

cultural advantages  of  the  county    .  3,500  00 

And  the  county  commissioners  of  Essex  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for  the 
above  purposes      ......    $2,080,357  00 


Acts,  1954.  —  Chap.  603. 


573 


FRANKLI>f   COITNTT. 

Item 
1.     For  interest  on  county  debt         ....  $1,00000 

3.  For  county  commissioners,  salaries  and  expenses  .  10,305  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  300  00 

5.  For  clerk  of  courts,  salaries  and  expenses  13,190  00 

6.  For  county  treasurer,  salaries  and  expenses  9,868  75 

7.  For  sheriff,  salary  and  expenses                      .  .              4,637  50 

8.  For  registry  of  deeds,  salaries  and  expenses  20,862  00 
8a.  For  registry  of  probate,  salaries  and  expenses  2,395  00 

9.  For  law  libraries,  salaries  and  expenses  5,170  00 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages           .....  105,275  00 

11.  For  examination  of  dams   .....  400  00 

12.  For  criminal  costs  in  superior  court  14,166  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and  land   courts,    including   auditors, 

masters  and  referees       .....  13,800  00 

14.  For  district  courts,  salaries  and  expenses  33,379  33 

15.  For  medical  examiners  and  commitments  of  insane  2,500  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ......  50,478  50 

17.  For  training  school 200  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation       .....  20,655  00 

20.  For  county  aid  to  agriculture,  maintenance  and 

operation 39,990  00 

21.  For  state  reservation,  maintenance  and  operation, 

Mount  Sugarloaf 3,075  00 

22.  For  hospital  or  sanatorium  ....  37,612  47 

23.  For    preventorium,    health    service,     Greenfield 

Health  Camp 3,000  00 

24.  For  non-contributory  pensions    ....  1,500  00 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  8,094  61 

26.  For  miscellaneous  and  contingent  expenses  .          .  4,600  00 

27.  For  unpaid  bills  of  previous  years        .                    .  500  00 

28.  For  reserve  fund 5,000  00 

28a.  For  reserve  for  salary  adjustments       .          .         .  1,100  00 

29.  For  advertising  recreational  advantages  of  the 

county 6,600  00 

And  the  county  commissioners  of  Franklin  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year  in  the  man- 
ner provided  by  law,  the  following  siun  to  be 
expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for 
the  above  purposes  .....        $344,473  60 


Hampden  County. 

1.  For  interest  on  county  debt 

2.  For  reduction  of  county  debt 

3.  For  county  commissioners,  salaries  and  expenses 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .... 

5.  For  clerk  of  courts,  salaries  and  expenses 

6.  For  county  treasurer,  salaries  and  expenses 

7.  For  sheriff,  salary  and  expenses 

8.  For  registry  of  deeds,  salaries  and  expenses 
8a.  For  registry  of  probate,  salaries  and  expenses 

9.  For  law  libraries,  salaries  and  expenses 


?8,000  00 
36,000  00 
22,268  00 

600  00 

54,682  50 
19,892  50 
8,350  00 
138,725  00 
17,257  00 
19,485  00 


574 


Acts,  1954. —  Chap.  603. 


Item 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages  .... 

11.  For  examination  of  dams  .... 

12.  For  criminal  costs  in  superior  court 

13.  For  civil  expenses  in  supreme  judicial,  superior 

probate   and  land   courts,   including  auditors 
masters  and  referees        .... 

14.  For  district  courts,  salaries  and  expenses 

15.  For  medical  examiners  and  commitments  of  insane 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation  ..... 

17.  For  training  school    ..... 

18.  For  court  houses  and  registry  buildings,  mainte 

nance  and  operation        .... 

20.  For  county  aid  to  agriculture,  maintenance  and 

operation       ...... 

21.  For  state  reservation,  maintenance  and  operation 

Mount  Tom 

23.  For  preventorium,  health  service 

24.  For  non-contributory  pensions    . 

25.  For  contributory  retirement  systems  and  super 

visory  expenses      ..... 

26.  For  miscellaneous  and  contingent  expenses  . 

27.  For  unpaid  bills  of  previous  years 

28.  For  reserve  fund        ..... 
28a.  For  reserve  for  salary  adjustments 

29.  For  advertising  recreational   advantages  of   the 

county  ...... 

30.  For  Dutch  elm  disease       .... 

And  the  county  commissioners  of  Hampden 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year,  in 
the  manner  provided  by  law,  the  following  sum 
to  be  expended,  together  with  the  cash  balance 
on  hand  and  the  receipts  from  other  sources, 
for  the  above  purposes   ..... 


$210,525  00 

3,600  00 

53,788  30 


91,500  00 

325,218  44 

21,000  00 

183,348  33 
78,000  00 

111,030  00 

89,220  00 

30,998  07 

3,000  00 

22,000  00 

35,821  30 

8,547  57 

1,000  00 

15,000  00 

6,800  00 

4,600  00 
500  00 


$1,169,819  24 


Hampshire  Cou^^^Y. 

1.     For  interest  on  county  debt        .         .          .     '^.  $950  00 

3.  For  county  commissioners,  salaries  and  expenses  .  10,145  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners       .....  750  00 

5.  For  clerk  of  com-ts,  salaries  and  expenses  19,040  00 

6.  For  county  treasurer,  salaries  and  expenses            .  13,410  00 

7.  For  sheriff,  salary  and  expenses                                .  4,868  00 

8.  For  registry  of  deeds,  salaries  and  expenses            .  32,914  00 
8a.  For  registry  of  probate,  expenses                              .  3,035  00 

9.  For  law  libraries,  salaries  and  expenses  3,935  00 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages 114,650  00 

11.  For  examination  of  dams   .....  1,500  00 

12.  For  criminal  costs  in  superior  court               .          .  19,953  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and   land  courts,   including  auditors, 

masters  and  referees        .....  24,625  00 

14.  For  district  courts,  salaries  and  expenses               .  55,281  73 

15.  For  medical  examiners  and  commitments  of  insane  10,195  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation 74,450  40 

17.  For  training  school    .  375  GO 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation       .....  29,025  00 


Acts,  1954. —Chap.  603. 


575 


Item 

20.  For  county  aid  to  agriculture,  maintenance  and 

operation $45,850  00 

21.  For  state  reservation,  maintenance  and  operation. 

Mount  Tom 5,401  40 

21a.  For  soil  conservation,  Hampshire  county  district  100  00 

22.  For  hospital  or  sanatorium          ....  137,229  19 

23.  For  preventorium,  health  service                    .          .  1,600  00 

24.  For  non-contributory  pensions    ....  2,064  35 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  12,811  87 

26.  For  miscellaneous  and  contingent  expenses  .          .  1,975  00 

27.  For  unpaid  bills  of  previous  years        .          .          .  350  00 

28.  For  reserve  fund 5,000  00 

28a.  For  reserve  for  salary  adjustments       .          .          .  2,600  00 

29.  For  advertising  recreational   advantages  of   the 

county 4,600  00 

And  the  county  commissioners  of  Hampshire 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended,  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes        .  .         .       $482,666  92 


Middlesex     County. 

1.  For  interest  on  county  debt         ....  $13,750  00 

2.  For  reduction  of  county  debt      ....  250,000  00 

3.  For  county  commissioners,  salaries  and  expenses  .  34,525  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  500  00 

5.  For  clerk  of  courts,  salaries  and  expenses                .  152,745  00 

6.  For  county  treasurer,  salaries  and  expenses            .  42,370  00 

7.  For  sheriff,  salary  and  expenses  8,775  00 

8.  For  registries  of  deeds,  salaries  and  expenses  .  619,720  00 
8a.  For  registry  of  probate,  salaries  and  expenses  .  19,350  00 
8b.  For  classified  and  consolidated  indices,  southern 

registry  of  deeds 25,000  00 

9.  For  law  libraries,  salaries  and  expenses                   .  30,525  00 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages            .....  546,365  00 

12.  For  criminal  costs  in  superior  court  250,750  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and  land  courts,   including  auditors, 

masters  and  referees        .....  341,500  00 

14.  For  district  courts,  salaries  and  expenses  890,216  50 

15.  For  medical  examiners  and  commitments  of  insane  62,800  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ......  712,759  00 

17.  For  training  school 205,465  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation  and  office  supplies  322,215  00 

19.  For  construction  of  county  buildings  and/or  pur- 

chase of  land 50,000  00 

20.  For  county  aid  to  agriculture,  maintenance  and 

operation 85,810  00 

21.  For  state  reservation,  maintenance  and  operation, 

Walden  Pond 68,960  00 

24.  For  non-contributory  pensions    ....  75,000  00 

25.  For  contributory  retirement  systems  and  super- 

visory expenses                                                        .  91,515  00 

26.  For  miscellaneous  and  contingent  expenses  .         .  12,500  00 


576 


Acts,  1954. —  Chap.  603. 


Item 

27.  For  unpaid  bills  of  previous  years        .  .  .  $7,000  00 

28.  For  reserve  fund 40,000  00 

28a.  For  reserve  for  salary  adjustments       .  .  .  25,000  00 

And  the  county  commissioners  of  Middlesex 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended,  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes  $3,661,814  90 


Norfolk  County. 

1.  For  interest  on  county  debt        ....  $9,437  50 

2.  For  reduction  of  county  debt      ....  37,000  00 

3.  For  county  commissioners,  salaries  and  expenses  .  18,875  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  500  00 

5.  For  clerk  of  courts,  salaries  and  expenses               .  46,272  50 

6.  For  county  treasurer,  salaries  and  expenses  24,959  00 

7.  For  sheriff,  salary  and  expenses  7,675  00 

8.  For  registry  of  deeds,  salaries  and  expenses  248,060  00 
8a.  For  registry  of  probate,  salaries  and  expenses        .  16,540  00 

9.  For  law  libraries,  salaries  and  expenses  .  4,530  00 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages  .....         263,245  00 

12.  For  criminal  costs  in  superior  court  77,600  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and  land   courts,   including  auditors, 

masters  and  referees        .....  115,710  00 

14.  For  district  courts,  salaries  and  expenses      .  323,159  25 

15.  For  medical  examiners  and  commitments  of  insane  29,500  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ......  163,665  00 

17.  For  training  school 25,000  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation        .....  154,095  00 
20.     For  agricultural  school,  maintenance  and  opera- 
tion       265,111  GO 

24.  For  non-contributory  pensions    ....  23,500  00 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  33,554  15 

26.  For  miscellaneous  and  contingent  expenses  .          .  5,723  61 

27.  For  unpaid  bills  of  previous  years        .          .          .  3,000  00 

28.  For  reserve  fund 20,000  00 

28a.  For  reserve  for  salary  adjustments       .          .          .  9,000  00 

And  the  county  commissioners  of  Norfolk  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for 
the  above  purposes         .....    $1,174,993  53 


Plymouth  County. 

1.  For  interest  on  county  debt        ....  $6,372  22 

2.  For  reduction  of  county  debt      ....  140,000  00 

3.  For  county  commissioners,  salaries  and  expenses  .  23,268  75 

4.  For  transportation  and  expenses  of  coimty  and 

acting  commissioners      .....  1,200  00 

5.  For  clerk  of  courts,  salaries  and  expenses     .         .  38,795  00 


Acts,  1954. —  Chap.  603. 


577 


Item 

6.  For  county  treasurer,  salaries  and  expenses 

7.  For  sheriff,  salary  and  expenses 

8.  For  registry  of  deeds,  salaries  and  expenses 
8a.  For  registry  of  probate,  salaries  and  expenses 

9.  For  law  libraries,  salaries  and  expenses 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages  .... 

11.  For  examination  of  dams   .... 

12.  For  criminal  costs  in  superior  court 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and  land  courts,   including  auditors, 
masters  and  referees        ..... 

14.  For  district  courts,  salaries  and  expenses 

15.  For  medical  examiners  and  commitments  of  insane 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ..... 

17.  For  training  school    ..... 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation        .... 

19.  For  construction  of  county  buildings  and/or  pur- 

chase of  land  ..... 

20.  For  county  aid  to  agriculture,  maintenance  and 

operation       ...... 

24.  For  non-contributory  pensions    . 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ..... 

26.  For  miscellaneous  and  contingent  expenses  . 

27.  For  unpaid  bills  of  previous  years 

28.  For  reserve  fund        ..... 
28a.  For  reserve  for  salary  adjustments 

29.  For  police  training  school  .... 
31.     For  forest  fire  control  .... 

And  the  county  commissioners  of  Pljonouth 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended,  together  with  the  cash  bal- 
ance on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes 


$17,480  00 
7,545  00 

125,227  50 

13,882  50 

7,021  00 

207,876  52 

1,500  00 

69,276  81 


83,810  00 

162,740  19 

16,450  00 

196,060  00 
9,000  00 

65,751  75 

10,000  00 

52,164  42 
2,736  20 

18,302  93 
2,430  65 
1,000  00 

10,000  00 
3,200  00 

13,835  18 
5,925  00 


$1,022,601  58 


Worcester  County. 

1.     For  interest  on  county  debt         ....  .$5,500  00 

3.  For  county  commissioners,  salaries  and  expenses  .  27,895  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  1,630  00 

5.  For  clerk  of  courts,  salaries  and  expenses               .  82,203  15 

6.  For  county  treasurer,  salaries  and  expenses            .  29,985  00 

7.  For  sheriff,  salary  and  expenses            .          .          ,  8,808  00 

8.  For  registry  of  deeds,  salaries  and  expenses            .  245,312  00 
8a.  For  registry  of  probate,  salaries  and  expenses        .  13,590  00 

9.  For  law  libraries,  salaries  and  expenses         .          .  25,565  00 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages            .....  538,455  00 

11.  For  examination  of  dams   .....  950  00 

12.  For  criminal  costs  in  superior  court               .          .  102,480  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probat/C   and   land   courts,    including  auditors, 

masters  and  referees        .....  179,335  00 

14.  For  district  courts,  salaries  and  expenses  390,014  59 

15.  For  medical  examiners  and  commitments  of  insane  49,740  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation 269,907  29 


578  Acts,  1954. —  Chap.  603. 

Item 

17.  For  training  school $71,280  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation  .....  149,095  00 
20.     For  county  aid  to  agriculture,    maintenance    and 

operation 81,388  00 

21a.  For  state  reservation,  maintenance  and  operation. 

Mount  Wachusett 33,044  43 

21b.  For  state  reservation,  Purgatory  Chasm       .          .  15,930  60 

23.  For  preventorium,  health  service                    .          .  2,000  00 

24.  For  non-contributory  pensions    ....  26,277  34 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  58,512  00 

26.  For  miscellaneous  and  contingent  expenses  ,         .  19,142  17 

27.  For  unpaid  biUs  of  previous  years        .         .         .  5,000  00 

28.  For  reserve  fund 15,000  00 

28a.  For  reserve  for  salary  adjustments       .         .         .  11,400  00 

29.  For  bindery  department     .....  6,605  00 

And  the  county  commissioners  of  Worcester 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended,  together  with  the  cash 
balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes        .  .    $1,806,936  51 

Section  2.  Sums  appropriated  in  section  one  are  based 
upon  detailed  schedules  approved  by  the  joint  committee  on 
counties,  copies  of  which  are  deposited  with  the  director  of 
accounts. 

Said  director  shall  file  with  the  county  commissioners  and 
the  county  treasurer  of  each  county  a  certification  of  the 
amounts  above  appropriated  as  set  forth  in  the  approved 
schedules  for  such  county.  Except  as  provided  by  this  act 
or  except  as  otherwise  provided  by  law,  no  liability  may  be 
incurred  and  no  expenditure  shall  be  made  in  excess  of  the 
amount  available  in  an  existing  appropriation  for  a  function, 
a  main  group,  a  class  or  a  sub-class. 

Transfers  within  an  appropriation  from  a  main  group  to 
another  main  group  may  be  made  upon  written  request  of 
the  authorized  official  of  the  organization  unit  with  the 
written  approval  of  said  county  commissioners,  and  copies 
of  said  request  and  approval  shall  be  filed  with  the  county 
treasurer;  provided,  however,  that  no  transfer  shall  be 
made  from  the  main  group  "personal  services"  to  another 
main  group  nor  shall  any  transfer  be  made  from  any  other 
main  group  into  the  main  group  "personal  services". 

Transfers  within  an  appropriation  between  classes  and 
between  sub-classes  within  a  main  group  may  be  made  by 
the  authorized  official  of  the  organization  unit  whenever 
in  his  opinion  public  necessity  and  convenience  so  requires; 
provided,  however,  that  no  transfer  shall  be  made  within  the 
classes  of  the  main  group  "personal  services". 

Notwithstanding  anything  in  this  section  to  the  contrary, 
transfers  within  the  detailed  schedules  for  the  appropriation 
for  the  Bristol  County  Agricultural  School,  the  Essex  County 
Agricultural  School  and  the  Norfolk  County  Agricultural 


Acts,  1954. —  Chap.  604.  579 

School  may  be  made  solely  upon  the  written  approval  of 
the  commissioner  of  education  for  the  commonwealth. 

No  direct  drafts  against  the  account  known  as  the  re- 
serve fund  shall  be  made,  but  transfers  from  this  account  to 
other  accounts  may  be  made  to  meet  extraordinary  or  un- 
foreseen expenditures  upon  the  request  of  the  county  com- 
missioners with  the  approval  of  the  director  of  accounts. 
No  direct  drafts  against  the  account  called  reserve  for  salary 
adjustments  shall  be  made,  but  transfers  from  this  account 
may  be  made,  upon  the  request  of  the  county  commissioners 
and  with  the  approval  of  the  director  of  accounts,  to  meet 
expenditures  for  salaries. 

Section  3.  No  expense  incurred  for  mid-day  meals  by  Certain 
county  employees,  other  than  those  who  receive  as  part  of  mLlis^^ 
their  compensation  a  non-cash  allowance  in  the  form  of  full  excluded. 
or  complete  boarding  and  housing,  and  those  employees  who 
are  stationed  beyond  commuting  distance  from  their  homes 
for  a  period  of  more  than  twenty-four  hours,  shall  be  allowed 
by  any  county;  provided,  that  officers  or  employees  who 
have  charge  of  juries  or  who  have  the  care  and  custody  of 
prisoners,  insane  persons  or  other  persons  placed  in  their 
charge  by  a  court  or  under  legal  proceedings  for  transfer  to 
or  from  court  to  an  institution  or  from  institution  to  insti- 
tution and  persons  certified  by  a  district  attorney  as  engaged 
in  investigation  shall  be  reimbursed  for  the  expense  of  mid- 
day meals  when  necessarily  engaged  on  such  duty;  and 
provided,  further,  that  officers  and  employees  in  attendance 
at  meetings  and  conferences  called  by  or  for  any  group  or 
class  on  a  state-wide  basis  shall  be  so  reimbursed. 

Section  4.  The  allowance  to  county  employees  for  ex- 
penses incurred  by  them  in  the  operation  of  motor  vehicles 
owned  by  them  or  by  any  member  of  their  immediate  families 
and  used  in  the  performance  of  their  ofiicial  duties  shall  not 
exceed  seven  cents  a  mile,  except  in  cases  where  a  higher 
allowance  is  specifically  provided  by  statute;  provided,  that 
in  the  case  of  commitments  of  the  insane  the  justice  of  the 
court  ordering  the  commitment  may  order  a  higher  rate. 

Approved  June  9,  1954. 

An  Act  providing  for  the  construction  of  a  bridge  Chav.^^^ 

OVER    THE    JONES    RIVER    IN    THE    TOWN    OF    KINGSTON. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  The  department  of  pubhc  works  is  hereby 
authorized  to  construct  a  bridge  across  the  Jones  river  in 
the  town  of  Kingston  on. the  proposed  relocation  of  Route  3 
at  a  location  about  one  and  five  tenths  miles  above  the  mouth 
of  the  river,  and,  subject  to  the  laws  of  the  United  States, 
said  bridge  may  be  constructed  without  a  draw. 

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

Approved  June  9,  1954. 


580  Acts,  1954.  — Chaps.  605,  606,  607. 


Chap. Q05  A.N  Act  relative  to  the  time  of  making  certain  assess- 
ments BY  the  commissioner  OF  CORPORATIONS  AND 
TAXATION. 

preamble"^  Whereas,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  make  immediately  effective 
the  power  of  the  commissioner  of  corporations  and  taxation 
to  make  certain  assessments,  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: 

Ed^oJ*"^'  Section  1.    Section  37  of  chapter  62  of  the  General  Laws, 

§  37,'  etc.,  as  most  recently  amended  by  section  1  of  chapter  698  of  the 

amended.  ^^^^  ^£  1949,  is  hereby  further  amended  by  inserting  after 

Power  of  tax  the  second  sentence  the  following  sentence:  —  In  the  case 

to  m™kT°°  of  a  false  or  fraudulent  return  filed  with  intent  to  evade  a 

certain  ^^x  Or  of  a  failure  to  file  a  return,  the  commissioner  may 

assessments.  .  .  '  *' 

make  an  assessment  at  any  time, 
dfte""^^  Section  2.     This  act  shall  take  effect  upon  its  passage 

and  shall  apply  to  all  returns  for  which  the  statute  of  limi- 
tations on  assessment  provided  in  the  first  sentence  of  sec- 
tion thirty-seven  of  chapter  sixty-two  has  not  expired  upon 
the  date  of  passage.  Approved  June  9,  195 If.. 


Limitation. 


C/iap. 606  An  Act  to  establish  the  position  of  investigator  and 
attorney  in  the  office  of  the  commissioner  of  vet- 
erans' services. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  disabled  veteran  employed  in  the  office 
of  the  commissioner  of  veterans'  services  with  the  civil  serv- 
ice rating  and  title  of  investigator,  assigned  to  the  duties  of 
adviser  to  the  municipal  veterans'  agents  and  service  officers, 
shall  have  the  civil  service  rating  and  title  of  investigator 
and  attorney,  with  salary  grade  to  be  determined  by  the 
division  of  personnel  and  standardization. 

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

Approved  June  9,  195 If.. 

Chap. 607  An  Act  establishing  a  legislative  research  council 

AND   A   LEGISLATIVE   RESEARCH    BUREAU. 

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

to  defeat  its  purpose  which  is  to  provide  for  the  immediate 
establishment  of  a  legislative  research  council  and  a  legis- 
lative research  bureau,  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: 

Section  1.  It  is  hereby  declared  that  the  volume  and 
complexity  of  legislative  matters  before  the  general  court 


Acts,  1954.  — Chap.  607.  581 

have  shown  a  prodigious  increase  since  the  close  of  World 
War  II ;  that  the  technical  aspects  of  many  of  these  matters 
are  of  such  a  nature  as  to  require  a  high  degree  of  specializa- 
tion on  the  part  of  the  legislative  members;  that  painstaking, 
exhaustive  and  accurate  fact-finding  is  a  necessity  in  the 
proper  discharge  of  legislative  duties  in  a  legislative  body 
encompassing  the  scope  of  the  general  court  of  Massachu- 
setts; that  a  legislative  research  staff  is  currently  recognized 
as  an  invaluable  and  indispensable  tool  in  the  efficient  per- 
formance of  the  legislative  process;  and  that  it  is  the  inten- 
tion of  this  act  to  establish  a  legislative  research  staff  which 
shall  perform  its  duties  in  a  manner  completely  impartial 
and  non-partisan  at  all  times  and  in  conformance  with  the 
highest  standards  of  research  practice  for  the  assistance  and 
benefit  of  the  members,  committees  and  commissions  of  the 
general  court. 

Section  2.     Chapter  3  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  adding  at  the  end  the  following  six  sections  ne1v'*'§§'56-6i, 
under  the  caption :  —  legislative  research  council  and  added. 

LEGISLATIVE     RESEARCH     BUREAU.        Section    56.        There     is  Legislative 

hereby  estabfished  a  legislative  research  council,  hereinafter  cou^ncil!^ 
called  the  council,  to  consist  of  two  members  of  the  senate,  estabUshed. 
to  be  designated  annually  by  the  president  thereof,  and  four 
members  of  the  house  of  representatives,  to  be  designated 
annually  by  the  speaker  thereof.  The  membership  appointed 
to  the  council  from  each  branch  of  the  general  court  shall  be 
equally  divided  between  the  two  major  poUtical  parties. 
The  president  of  the  senate  and  the  speaker  of  the  house  of 
representatives  shall  appoint  the  chairman  and  vice  chair- 
man, respectively,  of  the  council.  A  member  of  the  council  Membership, 
may  be  reappointed  but  shall  not  serve  after  he  ceases  to  be 
a  member  of  the  general  court.  Members  of  the  council 
shall  serve  without  pay  as  such  but  shall  be  reimbursed  for 
all  necessary  expenses,  and  while  the  general  court  is  not  in 
session  shall  be  reimbursed  for  travel  and  expenses  to  and 
from  their  homes  to  the  state  house  at  the  same  rate  as  that 
paid  to  members  of  the  general  court  when  it  is  in  session. 
The  members  of  said  council  shall  not  be  deemed  to  be  execu- 
tive or  administrative  officers  within  the  meaning  of  the 
constitution,  but  shall  serve  directly  under  the  general  court. 

Section  57.    The  council  shall  determine  all  poHcies  with  ^^*cfi.°^ 
respect  to  a  legislative  research  program  as  hereinafter  pro- 
vided and  shall  provide  for  the  creation  of  a  legislative  re- 
search bureau,  hereinafter  called  the  bureau,  under  its  direc- 
tion, which  shall  carry  out  the  pohcies  so  determined. 

Section  58.  The  council  shall  appoint  a  person  qualified  f^JJ^eau"'^  °^ 
by  education,  training  and  experience  who  shall  be  the  di- 
rector of  the  bureau.  The  council  shall  also  appoint  such 
assistants  to  the  director  as  are  necessary  to  carry  out  the 
program  of  statistical  research  and  fact-finding  required  by 
the  council.  The  compensation  of  the  director  and  other 
bureau  employees  shall  be  subject  to  the  approval  of  the 
committee  on  rules  of  the  two  branches  of  the  general  court. 


582  Acts,  1954.  — Chap.  608. 

The  director  and  his  assistants  shall  not  be  subject  to  chapter 
thirty-one. 
Duties  of  Section  59.    The  bureau  shall  assist  the  members  of  the 

bureau.  general  court  and  any  committee  and  recess  commission 

thereof  in  all  matters  requiring  statistical  research  or  fact- 
finding in   connection   with   proposed   legislation   or   other 
matters  pertaining  to  the  functions  of  the  general  court. 
Quarters,  SectioH  60.     Thc  burcau  shall  be  provided  with  quarters 

oHnfOTml-       in  the  state  house  or  elsewhere  at  a  location  convenient  to 
tion,  etc.  ^j^e  general  court  and  shall,  upon  request,  be  furnished  with 

such  information  and  records  by  all  departments,  divisions, 
agencies  and  political  subdivisions  of  the  commonwealth  as 
are  not  deemed  to  be  confidential  and  are  required  by  it  for 
the  proper  conduct  of  its  duties. 
Reports.  Section  61.     The  bureau  shall  make  such  reports  to  the 

council  as  are  required  by  it.  The  council  may  report  from 
time  to  time  to  the  general  court  and  shall  make  an  annual 
report  in  writing  to  the  general  court  by  filing  a  copy  of  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  second  Wednesday  of  November  in  each  year. 

Approved  June  9,  1954- 


Chap. G08  An  Act  to  authorize  the  city  of  fitchburg  to  appro- 
priate A  SUM  OF  MONEY  FOR  THE  ACQUISITION  OF  LAND 
AND  BUILDINGS  THEREON  AND  TO  DEFRAY  THE  COST  THEREOF 
BY   BORROWING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Fitchburg  is  hereby  authorized 
to  raise  and  appropriate  a  sum  of  money  not  exceeding  one 
hundred  and  fifty  thousand  dollars  for  the  acquisition  of 
land  and  all  buildings  located  thereon,  which  land  is  registered 
in  the  land  court  for  Worcester  Northern  District,  Registry 
of  Deeds,  registration  book  three,  page  thirty-five,  document 
numbered  one  thousand  two  hundred  and  thirty-eight, 
certificate  numbered  four  hundred  and  thirty -five,  said 
land  comprising  approximately  twenty-six  thousand  square 
feet.  After  the  acquisition  of  said  land  and  buildings  the 
city  of  Fitchburg  is  authorized  to  operate  a  garage  thereon, 
for  the  purpose  of  providing  off-street  parking  facilities  for 
motor  vehicles  in  said  city,  and  for  alleviating  traffic  con- 
ditions and  avoiding  congestion  on  its  pubfic  streets.  Said 
city  is  authorized  to  install  on  said  land  or  said  buildings 
parking  meters  for  the  purpose  of  regulating  parking  of 
motor  vehicles  therein.  Said  city  is  hereby  authorized  to 
lease  the  entire  premises,  or  any  portion  thereof,  for  such 
term,  not  exceeding  five  years,  as  it  may  determine,  and 
said  lease  shall  contain  regulations  with  respect  to  the  use, 
operation  and  occupancy  of  such  property;  provided,  that 
said  lease  shall  not  be  modified  or  cancelled,  but  nothing 
herein  shall  be  construed  to  prevent  the  termination  of  the 
lease  by  the  city  in  accordance  with  its  provisions  for  the 


Acts,  1954. —  Chap.  608.  583 

breach  of  any  covenant  or  condition  thereof.  Said  lease 
shall  contain  schedules  of  maximum  rates,  to  be  determined 
by  the  city  council  and  approved  by  the  mayor,  to  be  charged 
for  the  parking  of  motor  vehicles  therein  and  shall  provide 
for  the  payment  of  an  annual  rental  to  the  city  by  the  lessee. 

Section  2.  No  lease  shall  be  executed  under  authority 
of  this  act  unless  the  city  shall  first  have  invited  proposals 
for  said  lease  by  advertisements  in  at  least  one  daily  news- 
paper pubUshed  in  the  city  once  a  week  for  at  least  two 
consecutive  weeks,  the  last  publication  to  be  at  least  seven 
days  before  the  time  specified  for  the  opening  of  said  pro- 
posals. Such  advertisements  shall  state  the  time  and  place 
where  the  form  of  lease  may  be  had  and  the  time  and  place 
for  opening  the  proposals  in  answer  to  said  advertisments, 
and  shall  reserve  to  the  city  the  right  to  reject  all  proposals. 
All  such  proposals  shall  be  opened  in  public.  No  lease  shall 
be  made  except  to  the  highest  responsible  bidder  as  deter- 
mined  by  the  mayor.  Every  lease  shall  be  accompanied  by 
a  bond  with  sureties  satisfactory  to  the  mayor,  or  by  a 
deposit  of  money,  certified  check  or  other  security  for  the 
faithful  performance  thereof,  and  such  bond  or  other  secu- 
rity shall  be  deposited  with  the  city  treasurer  until  the  lease 
has  been  carried  out  in  all  respects.  Said  land  and  buildings 
thereon  shall  be  assessed  and  taxed  to  the  lessee  or  their 
assigns,  or  to  the  occupant  or  person  in  possession  thereof 
in  the  same  manner  and  to  the  same  extent  as  if  the  said 
lessee  or  their  assigns  or  the  occupant  or  person  in  possession 
were  the  owners  thereof  in  fee.  Payment  of  the  assessed 
taxes  shall  not  be  enforced  by  any  lien  upon  or  sale  of  the 
real  estate,  but  the  interest  of  the  lessee  or  their  assigns 
therein  may  be  sold  by  the  collector  of  taxes  of  the  city  for 
the  non-payment  of  taxes  assessed  as  aforesaid  in  the  manner 
provided  by  law  for  the  sale  of  real  estate  for  non-pajonent 
of  local  taxes.  Said  collectors  shall  have  for  the  collection 
of  taxes  on  said  land  and  buildings  all  other  remedies  pro- 
vided by  chapter  sixty  for  the  collection  of  taxes  by  collec- 
tors of  cities  and  towns. 

Section  3.  For  the  purpose  of  providing  funds  to  meet 
the  appropriations  authorized  by  section  one  of  this  act, 
the  city  of  Fitchburg  may  by  the  issuance  of  bonds  borrow 
up  to  an  amount  not  exceeding  one  hundred  and  fifty 
thousand  dollars  payable  in  not  more  than  ten  years.  Said 
bonds  shall  bear  on  their  face  the  words,  Fitchburg  Off- 
Street  Parking  Garage  Loan,  Act  of  1954.  Each  authorized 
loan  shall  constitute  a  separate  loan;  indebtedness  incurred 
under  this  act  shall  be  within  the  statutory  limit  but  shall, 
except  as  provided  herein,  be  subject  to  chapter  forty-four 
of  the  General  Laws  exclusive  of  the  limitation  contained 
m  the  first  paragraph  of  section  seven  thereof. 

Section  4.  This  act  shall  take  effect  upon  its  acceptance 
by  the  city  council  of  said  city,  subject  to  the  provisions  of  its 
charter,  but  not  otherwise.  Approved  June  9,  1954. 


584 


Acts,  1954.  —  Chaps.  609,  610. 


Chap. 609  An  Act  providing  a  method  of  payment  to  certain  sub- 
contractors ON  contracts  for  the  construction, 
reconstruction,  altering,  remodeling  and  repair 
of  certain  public  works  by  the  commonwealth  or 

ANY   political   SUBDIVISION  THEREOF. 


G.  L.  (Ter. 
Ed.),  30, 
new  §  39F, 
added. 

Provisions  of 
certain  public 
building 
contracts, 
regulated. 


Payments 
for  same, 
regulated. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  30  of  the  General  Laws  is  hereby  amended  by 
inserting  after  section  39E,  inserted  by  chapter  694  of  the 
acts  of  1951,  the  following  section:  —  Section  S9F.  Every 
contract  for  the  construction,  reconstruction,  alteration,  re- 
modeling or  repair  of  any  public  building  by  the  common- 
wealth, or  by  any  county,  city,  town,  district,  board,  com- 
mission or  other  public  body,  and  estimated  to  cost  more 
than  five  thousand  dollars  in  the  case  of  the  commonwealth, 
and  more  than  one  thousand  dollars  in  the  case  of  any 
county,  city,  town,  district,  board,  commission  or  other 
pubhc  body,  shall  contain  the  following  in  its  entirety: 
Within  ten  days  after  the  general  contractor  receives  pay- 
ment on  account  of  a  periodic  estimate  of  the  value  of  the 
work  done,  he  shall  pay  to  each  subcontractor  the  sum  con- 
tained therein  for  the  value  of  said  subcontractor's  work, 
less  any  amount  retained  therefrom  by  the  awarding  au- 
thority under  the  terms  of  the  contract  or  in  consequence  of 
any  legal  proceedings  or  statutory  liens,  and  less  any  amounts 
due  the  general  contractor  under  said  subcontracts;  not 
less  than  sixty-five  nor  more  than  seventy-five  calendar 
days  after  a  subcontractor  fully  completes  his  portion  of 
the  work,  and  payment  therefor  has  been  made  to  the  gen- 
eral contractor,  payment  shall  be  due  the  subcontractor  and 
the  general  contractor  shall  pay  to  the  subcontractor  the 
entire  balance  due  said  subcontractor  less  the  amount  which 
the  awarding  authority  determines  shall  be  retained  pend- 
ing its  determination  that  said  portion  of  the  work  is  satis- 
factory or  in  consequence  of  any  legal  proceedings  or  statu- 
tory liens,  and  less  any  amounts  due  the  general  contractor 
under  said  subcontracts;  and,  in  the  event  the  general  con- 
tractor does  not  pay  the  subcontractor  within  seventy-five 
calendar  days  the  entire  balance  due  the  subcontractor  on 
the  completed  work,  less  the  aforesaid  amounts,  the  award- 
ing authority  shall  make  out  of  sums  payable  to  the  general 
contractor  on  the  contract  direct  payment  of  the  entire  bal- 
ance due  the  subcontractor  for  the  work,  less  the  aforesaid 
amounts.  Approved  June  9,  1954. 


Chap.dlO  An  Act  relative  to  the  filing  of  schedules  of  water 

RATES,    PRICES    AND    CHARGES    OF   WATER    DISTRICTS   WITH 
the   DEPARTMENT   OF   PUBLIC    UTILITIES. 

Be  it  enacted,  etc.,  as  follows: 

EdYilb^'  Chapter  165  of  the  General  Laws  is  hereby  amended  by 

new*S2A'.         Inserting  after  section  2,  as  appearing  in  the  Tercentenary 

added. 


Acts,  1954. —  Chaps.  611,  612.  585 

Edition,  the  following  section:  —  Section  2 A.     Water  dis- Schedules  of 
tricts  shall  file  with  the  department  schedules,  in  such  form  ^''^^^  '""**'*■ 
as  the  department  shall  from  time  to  time  prescribe,  showing 
all  rates,  prices  and  charges  to  be  charged  or  collected  within 
the  commonwealth  for  the  sale  and  distribution  of  water. 

Approved  June  9,  1954. 

An  Act  relative  to  the  taxation  of  certain  income.    C/iap. 611 
Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  6  of  chapter  62  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  the  first  paragraph,  as  fi^endS.^  ^' 
appearing  in  the  Tercentenary  Edition,   and  inserting  in 
place  thereof  the  following  paragraph :  —  Income  taxable  Determination 
under  subsection  (6)  of  section  five  shall  be  the  net  income  °ncome''from 
from  the  profession,  employment,  trade  or  business  in  the  em'ir'°"nt 
year  for  which  the  income  is  computed.    Income  from,  pay-  etc 
ments  for  the  use  of,  or  gains  from  sales  or  exchanges  of  any 
personal  tangible  or  intangible  property  and  gains  from 
sales  or  exchanges  of  real  estate,  except  income,  payment 
or  gains,  which  are  specifically  taxed  or  exempted  under  a 
section  or  subsection  of  this  chapter  other  than  subsection  (6) 
of  section  five  shall  constitute  income  from  the  trade  or  busi- 
ness of  the  taxpayer.    The  net  income  from  the  profession, 
employment,  trade  or  business  shall  be  the  gross  income 
derived  therefrom  less  the  following  deductions: 

Section  2.     Section  22  of  said  chapter  62,  as  amended  Edt'eJ"' 
by  section  2  of  chapter  486  of  the  acts  of  1939,  is  hereby  §22.' etc.. 
amended  by  striking  out  clause  (a)  and  inserting  in  place  ^'^^'^'^''''^ 
thereof   the   following   clause:  —  (a)    from   rentals   of   real  ^°<=°'P«  f"""™. 
estate,  including  reasonable  amounts  charged  on  account  and  saiea  of 
of  services,  facilities  or  utihties  furnished  tenants  of  said  exempted^' 
real  estate  provided  that  said  services,  faciUties  or  utihties 
are  related  directly  to  the  business  of  renting  real  estate,  or 
gains  from  the  sale  or  exchange  of  real  estate  which  is  used 
as  the  principal  residence  of  the  taxpayer. 

Section  3.     This  act  shall  take  effect  on  January  first,  Effective  date, 
nineteen  hundred  and  fifty-five  and  shall  apply  to  income  *^^  '^^  '  ^ 
received  in  the  calendar  year  nineteen  hundred  and  fifty- 
four  and  thereafter.  Approved  June  9,  1954. 

An  Act  establishing  the  hillcrest  sewer  district  in  Chap. 612 

THE   TOWN    OF   LEICESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Leicester, 
Uable  to  taxation  in  said  town  and  residing  within  the  terri- 
tory within  the  following  boundary  fines,  to  wit :  —  begin- 
ning at  a  point  in  the  southerly  boundary  of  the  Leicester 
Water  Supply  District  marked  by  a  stone  monument  on  the 
west  side  of  Pleasant  street;  thence  southerly  by  the  western 
side  of  Pleasant  street  a  distance  of  seven  thousand  feet; 


586  Acts,  1954. —  Chap.  612. 

thence  true  west  a  distance  of  two  thousand  feet;  thence 
northerly  by  a  straight  line  to  a  point  in  the  southerly  bound- 
ary of  the  Leicester  Water  Supply  District;  thence  easterly 
by  said  southerly  boundary  to  a  distance  of  two  thousand 
feet  to  the  point  of  beginning,  —  shall  constitute  a  sewer 
district  and  are  hereby  made  a  body  corporate  by  the  name  of 
the  Hillcrest  Sewer  District,  hereinafter  called  the  district, 
for  the  purpose  of  laying  out,  constructing,  maintaining  and 
operating  a  system  or  systems  of  main  drains  and  common 
sewers  for  a  part  or  whole  of  its  territory,  with  such  con- 
nections and  other  works  as  may  be  required  for  a  system  of 
sewerage  disposal,  and  may  construct  such  sewers  or  drains 
in  said  district  as  may  be  necessary,  and,  for  the  purpose  of 
providing  better  surface  or  other  drainage,  may  make,  lay 
and  maintain  such  drains  as  it  deems  best;  and  for  the  pur- 
poses of  assessing  and  raising  taxes  as  provided  herein  for 
the  payment  of  such  services,  and  for  defraying  the  neces- 
sary expenses  of  carrying  on  the  business  of  said  district, 
subject  to  all  general  laws  now  or  hereafter  in  force  relating 
to  such  districts,  except  as  otherwise  provided  herein.  The 
district  shall  have  power  to  prosecute  and  defend  all  actions 
relating  to  its  property  and  affairs. 

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

Section  3.  Any  meeting  of  the  voters  of  the  territory 
included  within  the  boundaries  set  forth  in  section  one,  to 
be  held  prior  to  the  acceptance  of  this  act,  and  any  meeting 
of  the  voters  of  the  district  to  be  held  prior  to  the  quaUfica- 
tion  of  a  majority  of  the  sewer  commissioners,  shall  be  called 
on  petition  of  ten  or  more  legal  voters  therein,  by  warrant 
from  the  selectmen  of  said  town,  or  from  a  justice  of  the 
peace,  directed  to  one  of  the  petitioners,  requiring  him  to 
give  notice  of  the  meeting  by  posting  copies  of  the  warrant 
in  two  or  more  public  places  in  the  district  seven  days  at 
least  before  the  time  of  the  meeting.  Such  justice  of  the 
peace,  or  one  of  the  selectmen,  shall  preside  at  such  meeting 
until  a  clerk  is  chosen  and  sworn,  and  the  clerk  shall  preside 
until  a  moderator  is  chosen.  At  any  meeting  held  hereunder 
prior  to  the  acceptance  of  this  act,  after  the  choice  of  a 
moderator  for  the  meeting,  the  question  of  the  acceptance 
of  this  act  shall  be  submitted  to  the  voters,  and  if  it  is  ac- 
cepted by  the  majority  of  the  voters  present  and  voting 
thereon  by  ballot  it  shall  thereupon  take  full  effect,  and  the 
meeting  may  then  proceed  to  act  on  the  other  articles  in  the 
warrant.  After  the  quaUfication  of  a  majority  of  the  sewer 
commissioners,  meetings  of  the  district  shall  be  called  by 
warrant  under  their  hands,  unless  some  other  method  be 
provided  by  by-law  or  vote  of  the  district. 

Section  4.  The  district  shall,  after  the  acceptance  of  this 
act  as  aforesaid,  elect  by  ballot,  either  at  the  same  meeting 


Acts,  1954. —  Chap.  612.  587 

at  which  this  act  shall  have  been  accepted,  or  thereafter,  at 
an  annual  meeting  or  at  a  special  meeting  called  for  the  pur- 
pose, three  persons,  inhabitants  of  and  voters  in  said  district, 
to  hold  office,  one  until  the  expiration  of  three  years,  one 
until  the  expiration  of  two  years,  and  one  until  the  expira- 
tion of  one  year,  from  the  day  of  the  next  succeeding  annual 
district  meeting,  to  constitute  a  board  of  sewer  commis- 
sioners; and  at  every  annual  district  meeting  following  such 
next  succeeding  annual  district  meeting  one  such  commis- 
sioner shall  be  elected  by  ballot  for  the  term  of  three  years. 
The  date  of  the  next  annual  meeting  shall  be  fixed  by  by- 
law or  by  vote  of  the  board  of  sewer  commissioners,  but  in 
no  event  shall  it  be  later  than  fifteen  months  subsequent  to 
the  date  on  which  the  sewer  commissioners  were  first  elected. 
All  the  authority  granted  to  said  district  by  this  act,  except 
sections  six  and  seven,  and  not  otherwise  specifically  pro- 
vided for,  shall  be  vested  in  said  board  of  sewer  commis- 
sioners, who  shall  be  subject,  however,  to  such  instructions, 
rules  and  regulations  as  the  district  may  by  vote  impose. 
At  the  meeting  at  which  said  sewer  commissioners  are  first 
elected  and  at  each  annual  district  meeting  held  thereafter, 
the  district  shall  elect  by  ballot,  each  for  a  term  of  one  year, 
a  clerk  and  a  treasurer  of  the  district.  The  treasurer  shall 
not  be  a  sewer  commissioner,  and  shall  give  bond  to  the  dis- 
trict in  such  an  amount  as  may  be  approved  by  said  sewer 
commissioners  and  with  a  surety  company  authorized  to 
transact  business  in  the  commonwealth  as  surety.  A  ma- 
jority of  said  sewer  commissioners  shall  constitute  a  quorum 
for  the  transaction  of  business.  Any  vacancy  occurring  in 
said  board  from  any  cause  may  be  filled  for  the  remainder  of 
the  unexpired  term  by  said  district  at  any  legal  meeting 
called  for  the  purpose.  No  money  shall  be  drawn  from  the 
treasury  of  the  district  on  account  of  its  sewer  works  except 
upon  a  written  order  of  said  sewer  commissioners  or  a  ma- 
jority of  them. 

Section  5.  The  board  of  sewer  commissioners,  acting  for 
and  on  behalf  of  said  district,  may  take  by  eminent  domain 
under  chapter  seventy-nine  of  the  General  Laws,  or  acquire 
by  purchase  or  otherwise,  any  lands,  water  rights,  rights  of 
way  or  easements,  pubhc  or  private,  in  said  district,  neces- 
sary for  accomphshing  any  purpose  mentioned  in  this  act, 
and  may  construct  such  main  drains  and  sewers  under  or 
over  any  bridge,  railroad,  railway,  boulevard  or  other  public 
way,  or  within  the  location  of  any  railroad,  and  may  enter 
upon  and  dig  up  any  private  land,  pubhc  way  or  railroad 
location,  for  the  purpose  of  laying  such  drains  and  sewers 
and  of  maintaining  and  repairing  the  same,  and  may  do  any 
other  thing  proper  or  necessary  for  the  purposes  of  this  act; 
provided,  that  they  shall  not  take  in  fee  any  land  of  a  rail- 
road corporation,  and  that  they  shall  not  enter  upon  or  con- 
struct any  drain  or  sewer  within  the  location  of  any  railroad 
corporation  except  at  such  time  and  in  such  manner  as  they 
may  agree  upon  with  such  corporation,  or,  in  case  of  failure 


588  Acts,  1954. —Chap.  612. 

to  agree,  as  may  be  approved  by  the  department  of  public 
utilities. 

Section  6.  For  the  purpose  of  paying  the  necessary  ex- 
penses and  Habilities  incurred  under  this  act,  other  than  ex- 
penses of  maintenance  and  operation,  the  district  may  bor- 
row from  time  to  time  such  sums  as  may  be  necessary,  not 
exceeding,  in  the  aggregate,  sixty  thousand  dollars,  and  may 
issue  bonds  or  notes  therefor,  which  shall  bear  on  their  face 
the  words,  Hillcrest  Sewer  District  Loan,  Act  of  1954.  Each 
authorized  issue  shall  constitute  a  separate  loan,  and  such 
loans  shall  be  payable  in  not  more  than  thirty  years  from 
their  dates.  Indebtedness  incurred  under  this  act  shall  be 
subject  to  the  provisions  of  chapter  forty-four  of  the  General 
Laws  pertaining  to  such  districts. 

Section  7.  The  district  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  payment  thereof  in  ac- 
cordance with  section  six  of  this  act;  and,  when  a  vote  to 
that  effect  has  been  passed,  a  sum  which,  with  the  income 
derived  from  sewer  rates,  will  be  sufficient  to  pay  the  annual 
expense  of  operating  its  sewer  works  and  the  interest  as  it 
accrues  on  the  bonds  or  notes  issued  as  aforesaid  by  the  dis- 
trict, and  to  make  such  payments  on  the  principal  as  may 
be  required  under  this  act,  shall  without  further  vote  be 
assessed  upon  the  district  by  the  assessors  of  said  town  of 
Leicester  annually  thereafter  until  the  debt  incurred  by  said 
loan  or  loans  is  extinguished. 

Section  8.  Any  land  taken  or  acquired  under  this  act 
shall  be  managed,  improved  and  controlled  by  the  board  of 
sewer  commissioners  hereinafter  provided  for,  in  such  manner 
as  they  shall  deem  for  the  best  interest  of  the  district.  AH 
authority  vested  in  said  board  by  this  section  shall  be  subject 
to  section  four. 

Section  9.  The  district  clerk  shall  certify  all  appropria- 
tions voted  by  the  district  to  the  assessors  of  the  town  of 
Leicester  who  shall  assess  the  same  on  property  within  the 
district  in  the  same  manner  in  all  respects  in  which  town 
taxes  are  required  by  law  to  be  assessed;  provided,  that  no 
estate  shall  be  subject  to  any  tax  assessed  on  account  of  the 
system  of  sewerage  under  this  act,  if,  in  the  judgment  of  the 
board  of  sewer  commissioners  herein  provided  for,  after  a 
hearing,  due  notice  whereof  shall  have  been  given,  such  es- 
tate is  so  situated  that  it  will  receive  no  aid  from  the  said 
sewerage  system,  or  if  such  estate  is  so  situated  that  the 
buildings  thereon,  or  the  buildings  that  might  be  constructed 
thereon,  could  not  be  connected  with  the  said  system  in  any 
ordinary  or  reasonable  manner;  but  all  other  estates  in  the 
district  shall  be  deemed  to  be  benefited  and  shall  be  subject 
to  such  tax.  A  certified  list  of  the  estates  exempt  from  taxa- 
tion under  the  provisions  of  this  section  shall  annually  be 
sent  by  said  board  of  sewer  commissioners  to  said  assessors. 
The  assessment  shall  be  committed  to  the  town  collector  of 
taxes,  who  shall  collect  said  tax  in  the  manner  provided  by 
law  for  the  collection  of  town  taxes,  and  shall  deposit  the 


Acts,  1954. —  Chap.  612.  589 

proceeds  thereof  with  the  district  treasurer  for  the  use  and 
benefit  of  the  district.  Ihe  district  may  collect  interest  on 
overdue  taxes  in  the  manner  in  which  interest  is  authorized 
to  be  collected  on  town  taxes. 

Section  10.  The  receipts  from  sewer  assessments, 
charges,  rates  and  taxes  shall  be  applied  to  the  payment  of 
charges  and  expenses  incident  to  the  maintenance  and  oper- 
ation of  said  system  of  sewerage  and  sewage  disposal  or  to 
the  extension  thereof;  to  the  payment  of  interest  upon  bonds 
or  notes  issued  for  sewer  purposes;  or  to  the  payment  or 
redemption  of  such  bonds  or  notes. 

Section  11.  Said  board  of  sewer  commissioners  may 
annually  appoint  a  superintendent  of  sewers,  who  shall  not 
be  a  member  of  the  board,  and  shall  define  his  duties.  It 
may  remove  the  superintendent  at  its  pleasure. 

Section  12.  All  contracts  made  by  the  board  of  sewer 
commissioners  shall  be  made  in  the  name  of  the  district,  and 
shall  be  signed  by  the  board,  but  no  contract  shall  be  made 
or  obligation  incurred  by  said  board  for  any  purpose  in  ex- 
cess of  the  amount  of  money  appropriated  by  the  district 
therefor. 

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

Section  14.  No  act  shall  be  done  under  authority  of  the 
preceding  sections,  except  in  the  making  of  surveys  and  other 
preliminary  investigations,  until  the  plans  for  said  system  of 
sewerage  and  sewage  disposal  have  been  approved  by  the 
state  department  of  public  health.  Upon  application  to  said 
department  for  its  approval,  it  shall  give  a  hearing,  after 
due  notice  to  the  public.  At  such  hearing,  plans  showing 
the  work  to  be  done  in  constructing  said  system  of  sewerage 
and  sewage  disposal  shall  be  submitted  for  approval  by  said 
department. 

Section  15.  Upon  a  petition  in  writing,  addressed  to 
said  board  of  sewer  commissioners,  requesting  that  certain 
real  estate,  accurately  described  therein,  located  in  said  town 
of  Leicester  and  not  otherwise  served  by  a  suitable  means 
of  sewage  disposal,  be  included  within  the  Hmits  thereof,  and 
signed  by  the  owners  of  such  real  estate,  or  a  majority  thereof, 
said  sewer  commissioners  shall  cause  a  duly  warned  meet- 
ing of  the  district  to  be  called,  at  which  meeting  the  voters 
may  vote  on  the  question  of  including  said  real  estate  within 
the  district.    If  a  majority  of  the  voters  present  and  voting 


590  Acts,  1954.  — Chaps.  613,  614. 

thereon  vote  in  the  affirmative,  the  district  clerk  shall  within 
ten  days  file  with  the  town  clerk  of  said  town  and  with  the 
state  secretary  an  attested  copy  of  said  petition  and  vote; 
and  thereupon  said  real  estate  shall  become  and  be  part  of 
the  district  and  shall  be  holden  under  this  act  in  the  same 
manner  and  to  the  same  extent  as  the  real  estate  described 
in  section  one. 

Section  16.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  registered  voters  of  the  terri- 
tory included  within  said  district  described  in  section  one  of 
this  act,  present  and  voting  thereon  by  use  of  a  check  list 
at  a  district  meeting  called  in  accordance  with  section  three. 

Approved  June  9,  1964- 

Chap.QlZ  An  Act  authorizing  and  directing  the  state  airport 

MANAGEMENT   BOARD   TO   ACQUIRE    CERTAIN   LAND. 

Be  it  enacted,  etc.,  asfolloivs: 

The  state  airport  management  board  acting  through  the 
commissioner  of  airport  management  is  hereby  authorized 
and  directed  to  acquire  by  purchase,  eminent  domain  or 
otherwise,  for  airport  purposes,  a  parcel  of  land  with  the 
buildings  thereon  situated  in  the  East  Boston  district  of  the 
city  of  Boston,  owned  now  or  formerly  by  one  Mary  J, 
Rowan,  containing  about  fifteen  thousand  nine  hundred  and 
seven  square  feet  and  being  bounded  and  described  as  fol- 
lows :  — 

Northwesterly  and  northeasterly,  by  land  of  the  common- 
wealth of  Massachusetts  airport,  one  hundred  and  sixty-eight 
and  seventy-three  hundredths  feet  and  one  hundred  feet, 
respectively;  southeasterly,  by  land  now  or  formerly  known 
as  Lamson  street,  one  hundred  and  forty-nine  and  ninety- 
one  hundredths  feet;  and  southwesterly,  by  land  of  owners 
unknown,  numbered  300  to  308  in  the  numbering  of  Maverick 
street,  one  hundred  and  one  and  sixty-two  hundredths  feet. 

For  the  purposes  of  this  act  such  sums,  not  exceeding 
seven  thousand  dollars,  may  be  expended  as  may  be  appro- 
priated therefor.  Approved  June  9,  195J,.. 

Chap. 614:  An  Act  authorizing  the  town  of  concord  to  appro- 
priate AND  PAY  ALL  OR  A  PORTION  OF  THE  COST  OF  HOS- 
PITALIZATION insurance  for  its  employees. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  The  town  of  Concord  is  hereby  authorized 
to  appropriate  and  pay  all  or  a  portion  of  the  cost  of  group 
hospital  insurance  for  its  employees. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  registered  voters  of  the  town 
of  Concord  voting  thereon  at  an  annual  or  special  town 
meeting,  but  not  otherwise.  Approved  June  9,  1954. 


Acts,  1954.  — Chaps.  615,  616.  591 


An  Act  providing  for  the  return  of  certain  moneys  (Jfidj)  Q\^ 

PAID    INTO    THE    STATE     RETIREMENT    FUND     BY    CERTAIN  ^' 

FORMER   MEMBERS    OF   THE    GENERAL   COURT. 

Be  it  enacted,  etc.,  as  follows: 

The  state  board  of  retirement  is  hereby  authorized  and 
directed  upon  request  to  pay  from  the  state  retirement  fund 
to  the  surviving  beneficiary  or  beneficiaries  entitled  thereto 
or  the  legal  representatives  of  any  former  member  of  the 
general  court  who  is  deceased  all  contributions  and  accu- 
mulated total  deductions  paid  into  the  state  retirement 
fund  by  such  member,  less  the  amount,  if  any,  paid  to  such 
member  in  the  form  of  a  retirement  allowance. 

Approved  June  9,  1954. 


An  Act  giving  district  courts  exclusive  original  ju-  QJidj)  gig 

RISDICTION  OF  ACTIONS  OF  TORT  ARISING  OUT  OF  THE  OWN-  ^' 

ERSmP,    OPERATION,    MAINTENANCE,    CONTROL    OR    USE    OF 
MOTOR  VEHICLES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  218  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  19,  as  most  recently  amended  f'^g^'lto^* 
by  section  3  of  chapter  556  of  the  acts  of  1954,  and  inserting  amended." 
in  place  thereof  the  following  section:  —  Section  19.     Ex-  District 
cept  as  herein  otherwise  provided,  district  courts  shall  have  e°"jugi*°  ^^"^ 
original  jurisdiction  concurrent  with  the  superior  court  of  original 
actions  of  contract,  tort  and  replevin,  and  also  ;of  actions  in'^^otor"" 
in  summary  process  under  chapter  two  hundred  and  thirty-  vehicle  tort 
nine  and  proceedings  under  section  forty-one  of  chapter  two  '''^^^^' 
hundred  and  thirty-one.     District  courts  shall  have  exclu- 
sive original  jurisdiction  of  actions  of  tort  arising  out  of  the 
ownership,  operation,  maintenance,  control  or  use  of  a  motor 
vehicle.     District  courts  shall  also  have  jurisdiction  of  civil 
proceedings  under  chapter  two  hundred  and  seventy-three  A. 

Section  2.    The  last  sentence  of  the  first  paragraph  of  Edt'223'' 
section  2  of  chapter  223  of  the  General  Laws,  as  amended  by  §  2,  kc, ' 
section  2  of  said  chapter  296,  is  hereby  further  amended  by  *™^'"^^'^- 
striking  out,  in  Une  3,  the  word  "may"  and  inserting  in 
place  thereof  the  word:  —  shall,  —  so  as  to  read  as  follows: 
—  An  action  of  tort  arising  out  of  the  ownership,  operation,  venue. 
maintenance,  control  or  use  of  a  motor  vehicle  or  trailer  as 
defined  in  section  one  of  chapter  ninety  shall  be  brought  in 
a  district  court  within  the  judicial  district  of  which  one  of 
the  parties  lives  or  in  any  district  court  the  judicial  district 
of  which  adjoins  and  is  in  the  same  county  as  the  judicial 
district  in  which  the  defendant  lives  or  has  his  usual  place 
of  business;  provided,  that  if  one  of  the  parties  to  any  such 
action  lives  in  Suffolk  county  such  action  may  be  brought 
in  the  municipal  court  of  the  city  of  Boston. 

Section  3.    Chapter  231  of  the  General  Laws  is  hereby  Sj^ijf- 
amended  by  inserting  after  section  102 A  the  following  sec-  new  5 1023, 

added. 


592 


Acts,  1954. —  Chap.  616. 


Removal  to 
superior  court, 
regulated. 


G.  L.  (Ter. 

Ed),  231, 
S  141,  etc., 
amended. 


Hon:  — Section  102B.  A  party  bringing  in  a  district  court 
an  action  of  tort  arising  out  of  the  ownership,  operation, 
maintenance,  control  or  use  of  a  motor  vehicle  shall  thereby 
be  deemed  to  have  waived  a  trial  by  jury  and  any  right  of 
appeal  to  the  superior  court,  unless  said  action  is  removed  to 
the  superior  court  as  provided  in  this  section,  but  in  case 
such  action  is  so  removed  by  any  other  party  the  plaintiff 
shall  have  the  same  right  to  claim  a  jury  trial  as  if  the  action 
had  been  originally  brought  in  the  superior  court.  Not 
more  than  six  days  after  the  entry  of  such  an  action  in  a 
district  court,  or  at  any  time  thereafter  by  leave  of  such 
court  if  it  finds  that  there  is  another  action  pending  in  the 
superior  court  with  which  such  action  should  be  consoh- 
dated  for  trial,  the  plaintiff  may  file  in  the  district  court  a 
claim  of  trial  by  the  superior  court,  with  or  without  jury, 
and  an  affidavit  by  his  counsel  of  record,  if  any,  and  if  none, 
the  affidavit  of  such  party,  that  in  his  opinion  there  is  an 
issue  of  fact  or  law  requiring  trial  in  the  cause  and  that  such 
trial  is  in  good  faith  intended,  together  with  the  sum  of  three 
dollars  for  the  entry  of  the  cause  in  the  superior  court.  The 
clerk  shall  forthwith  transmit  the  papers  in  the  cause  and 
said  entry  fee  to  the  clerk  of  the  superior  court,  and  the  case 
shall  proceed  as  though  originally  entered  there. 

No  other  party  to  such  action  shall  be  entitled  to  an  ap- 
peal. In  lieu  thereof,  any  such  other  party  may  remove  such 
action  to  the  superior  court  and  the  pertinent  provisions  of 
sections  one  hundred  and  four  to  one  hundred  and  ten,  in- 
clusive, shall  apply  thereto;  provided,  that  the  provisions 
of  section  one  hundred  and  four  requiring  the  filing  of  a  bond 
shall  not  apply  to  such  action  if  the  payment  of  any  judgment 
for  costs  which  may  be  entered  against  the  defendant  is 
secured,  in  whole  or  in  part,  by  a  motor  vehicle  fiabifity 
bond  or  poUcy,  or  a  deposit  as  provided  in  section  thirty- 
four  D  of  chapter  ninety.  If  a  trial  by  jury  is  claimed  by 
any  party  such  action  may  be  marked  for  trial  upon  the  list 
of  causes  advanced  for  speedy  trial  by  jury. 

Section  4.  Section  141  of  said  chapter  231  is  hereby 
amended  by  inserting  after  the  word  "two"  in  fine  19,  as 
appearing  in  section  2  of  chapter  352  of  the  acts  of  1945,  the 
words:  —  ,  one  hundred  and  two  B,  —  so  as  to  read  as  fol- 
lows: —  Section  l^l-  Sections  one,  two,  three,  four,  four  A, 
five,  six,  six  B,  seven,  ten,  eleven,  twelve,  thirteen,  thirteen  A, 
fourteen,  fifteen,  sixteen,  seventeen,  eighteen,  nineteen, 
twenty,  twenty-one,  twenty-two,  twenty-three,  twenty-five, 
twenty-six,  twenty-seven,  twenty-eight,  twenty-nine,  thirty, 
thirty-one,  thirty-two,  thirty-three,  thirty-four,  thirty-five, 
thirty-six,  thirty-seven,  thirty-eight,  thirty-nine,  forty,  forty- 
one,  forty-two,  forty-three,  forty-four,  forty-five,  forty-seven, 
forty-eight,  forty-nine,  fifty,  fifty-one,  fifty-two,  fifty-three, 
fifty-four,  fifty-six,  fifty-seven,  fifty-eight,  fifty-eight  A, 
fifty-nine  B,  sixty-one,  sixty-two,  sixty-three,  sixty-four, 
sixty-five,  sixty-six,  sixty-seven,  sixty-eight,  sixty-nine,  sev- 
enty,   seventy-two,    seventy-three,    seventy-four,    seventy- 


Acts,  1954.  — Chaps.  617,  618.  593 

five,  seventy-nine,  eighty-five,  eighty-five  A,  eighty-five  B, 
eighty-five  D,  eighty-seven,  eighty-eight,  eighty-nine,  ninety, 
ninety-one,  ninety-two,  ninety-three,  ninety-four,  ninety- 
five,  ninety-seven,  ninety-eight,  ninety-nine,  one  hundred  and 
one,  one  hundred  and  two,  one  hundred  and  two  B,  one 
hundred  and  three,  one  hundred  and  four,  one  hundred  and 
five,  one  hundred  and  six,  one  hundred  and  seven,  one  hun- 
dred and  eight,  one  hundred  and  nine,  one  hundred  and  ten, 
one  hundred  and  twenty-four,  one  hundred  and  twenty-five, 
one  hundred  and  twenty-six,  one  hundred  and  thirty- two, 
one  hundred  and  thirty-three,  one  hundred  and  thirty-four, 
one  hundred  and  thirty-five,  one  hundred  and  thirty-six, 
one  hundred  and  thirty-seven,  one  hundred  and  thirty-eight, 
one  hundred  and  thirty-nine,  one  hundred  and  forty,  one 
hundred  and  forty  A  and  one  hundred  and  forty-seven  shall 
apply  to  civil  actions  before  district  courts,  and  no  other  sec- 
tions of  this  chapter  shall  so  apply,  except  to  the  municipal 
court  of  the  city  of  Boston  under  section  one  hundred  and 
forty-three. 

Section  5.    This  act  shall  take  effect  on  October  first  of  aSiclbliity^' 
the  current  year  and  shall  apply  only  to  actions  commenced 
thereafter.  Approved  June  9,  1954- 

An  Act  authorizing  the  city  of  boston  to  convey  to  Chav. 617 

THE  COMMONWEALTH  CERTAIN  SCHOOL  LANDS  IN  SAID 
CITY    FOR   ARMORY    PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  any  contrary  provision  of  general  or 
special  law,  the  city  of  Boston,  acting  by  its  mayor,  may  at 
any  time  convey  without  consideration  to  the  commonwealth 
for  armory  purposes  any  land  or  building  which  at  the  time 
of  conveyance  is  held  by  said  city  for  school  purposes  and 
which  the  school  committee,  by  a  majority  vote  of  all  its 
members,  shall  have  voted  is  no  longer  needed  for  school 
purposes;  provided,  that  such  conveyance  is  authorized  by 
a  majority  of  the  board  provided  for  by  section  one  of  chap- 
ter two  hundred  and  fifty-nine  of  the  acts  of  nineteen  hun- 
dred and  six  as  modified  by  section  three  of  chapter  three 
hundred  and  fifty-one  of  the  acts  of  nineteen  hundred  and 
twenty-nine.  Approved  June  9,  1954. 

An  Act  relative  to  the  disposition  of  certain  funds  Chap. Q18 

AUTHORIZED  TO  BE  RAISED  FOR  THE  ALLEVIATION  OF 
financial  burdens  RESULTING  FROM  THE  NINETEEN 
HUNDRED   AND   FIFTY-THREE   TORNADO. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  651  of  the  acts  of  1953  is  hereby  amended  by 
striking  out  section  2  and  inserting  in  place  thereof  the  fol- 
lowing section :  —  Section  2.  Any  funds  remaining  in  the 
hands  of  the  commission  on  June  thirtieth,  nineteen  hun- 


594  Acts,  1954.  —  Chaps.  619,  620. 

dred  and  fifty-five,  shall  be  available  for  the  payment  of 
any  principal  and  interest  due  thereafter  on  bonds  author- 
ized by  this  act.  Approved  June  9,  1954- 


Chap.Q19  An  Act  authorizing  the  dracut  water  supply  district 

TO  SUPPLY  AND  SELL  WATER  TO  THE  INHABITANTS  OF  A 
CERTAIN  PORTION  OF  THE  TOWN  OF  TYNGSBOROUGH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1  of  chapter  498  of  the  acts  of  1953  is  hereby 
amended  by  adding  at  the  end  the  following:  —  Also  the 
inhabitants  of  the  town  of  Tyngsborough  upon  and  within 
the  area  bounded  and  described  as  follows:  starting  at  a 
stone  bound  on  Frost  road;  thence  northerly  along  Frost 
road  in  a  curved  line  a  distance  of  934.35  feet  to  a  stone 
bound;  thence  in  a  westerly  direction  along  land  now  or 
formerly  of  William  B.  Spaulding  a  distance  of  694.43  feet 
to  a  stone  bound;  thence  turning  at  an  angle  of  75°  40'  16" 
and  running  in  a  southeasterly  direction  along  land  now  or 
formerly  of  said  William  B.  Spaulding  a  distance  of  1208.57 
feet;  thence  turning  at  an  angle  of  77°  46'  08"  and  running 
in  a  northeasterly  direction  a  distance  of  543.00  feet  to  the 
stone  bound  at  the  point  of  beginning. 

Approved  June  9,  1954. 


Chap. Q20  An  Act  establishing  a  selectmen-executive-secretary 

FORM   OF   GOVERNMENT   FOR   THE   TOWN   OF   IPSWICH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Upon  the  acceptance  of  this  act  by  the  town 
of  Ipswich,  as  hereinafter  provided,  the  annual  town  elec- 
tion of  said  town  for  the  purpose  of  electing  town  officers 
and  to  take  action  on  such  matters  as  are  by  law  to  be  de- 
termined by  ballot,  shall  be  held  on  the  second  Monday  of 
March  in  each  year,  and  the  annual  meeting  for  the  trans- 
action of  all  other  business  shall  be  held  on  the  first  Monday 
of  March  in  each  year  at  half  past  seven  o'clock  in  the  eve- 
ning. 

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


Acts,  1954. —  Chap.  620.  595 

qualified.  Upon  the  qualification  of  selectmen  first  elected 
under  this  act,  the  term  of  office  of  the  board  of  selectmen 
then  existing  shall  terminate. 

Section  3.  Duties  of  Selectmen.  —  The  selectmen  shall 
have  and  exercise  all  of  the  powers,  duties  and  responsi- 
bilities now  or  hereafter  conferred  or  imposed  upon  boards 
of  selectmen  by  any  provision  of  law.  The  selectmen  shall 
be  responsible  for  formulating  a  general  policy  for  adminis- 
tering the  affairs  of  the  town.  They  may  direct  and  advise 
the  executive-secretary  in  any  matters  pertaining  to  the 
duties  of  his  office  hereinafter  provided  for.  They  shall  be 
responsible  for  the  furnishing  of  information  as  to  the  af- 
fairs of  the  town,  and  may  represent  the  town  at  pubhc 
meetings  and  hearings.  The  selectmen  shall  receive  such 
compensation,  if  any,  as  the  town  may  by  vote  determine. 

The  board  of  selectmen  shall  appoint  on  merit  and  fitness 
alone,  for  a  term  not  to  exceed  three  years,  and  may  remove 
for  cause  the  town  accountant,  the  registrars  of  voters  ex- 
cept the  town  clerk,  the  trust  fund  commissioners,  a  con- 
stable or  constables,  and  election  officers. 

Section  4.  Election  of  School  Committee.  —  At  the  first 
annual  town  election  following  the  acceptance  of  this  act  the 
registered  voters  of  the  town  shall  elect  by  ballot  seven  mem- 
bers of  the  school  committee;  two  for  a  term  of  one  year, 
two  for  a  term  of  two  years,  and  three  for  a  term  of  three 
years,  and  annually  thereafter  there  shall  be  elected  mem- 
bers of  the  school  committee,  each  for  a  term  of  three  years 
in  the  place  of  the  members  whose  terms  expire.  Members 
of  the  school  committee  elected  hereunder  shall  serve  until 
the  qualification  of  their  successors.  When  a  vacancy  occurs 
in  the  membership  of  the  school  committee,  the  remaining 
members  shall  give  written  notice  thereof  to  the  selectmen, 
who,  with  the  remaining  members  of  the  school  committee, 
shall,  one  week  after  such  notice,  fill  such  vacancy  by  ballot. 
A  majority  of  the  ballots  of  the  remaining  members  of  the 
school  committee  and  of  the  board  of  selectmen  voting  shall 
be  necessary  to  fill  such  vacancy.  The  person  so  appointed 
or  elected  shall  perform  the  duties  of  the  office  until  the  next 
annual  meeting  at  which  the  voters  shall  elect  a  member  for 
the  remainder  of  the  unexpired  term.  Upon  the  election 
and  quahfication  of  the  members  of  the  school  committee  in 
the  year  of  the  annual  town  election  following  the  acceptance 
of  this  act,  the  terms  of  office  of  the  members  of  the  then 
existing  committee  shall  terminate. 

Section  5.  Powers  of  School  Committee.  —  Upon  the  elec- 
tion and  qualification  of  the  school  committee  elected  as 
herein  provided,  all  the  powers,  duties  and  responsibilities, 
now  or  hereafter  conferred  or  imposed  by  law  upon  school 
committees,  shall  be  exercised  and  performed  by  the  school 
committee  elected  under  the  provisions  of  this  act.  With 
the  approval  of  the  board  of  selectmen,  the  executive-sec- 
retary may  supervise  and  direct  such  activities,  construc- 
tion, repairs,  maintenance  and  upkeep  of  school  buildings 


596  Acts,  1954. —  Chap.  620 

and  grounds  as  may  be  requested  of  him  by  the  school  com- 
mittee. 

Section  6.  Other  Elected  Officials.  —  In  addition  to  the 
board  of  selectmen  and  the  school  committee  the  registered 
voters  of  the  town  shall  elect  a  moderator  for  a  term  of  one 
year. 

Section  7.  Multiple  Offices.  —  A  member  of  the  finance 
committee,  the  board  of  selectmen,  or  the  school  committee, 
and  the  town  moderator,  except  as  hereinafter  provided, 
shall,  during  the  term  for  which  he  was  elected  or  appointed, 
be  ineligible  either  by  election  or  appointment  to  hold  any 
other  town  office.  Any  person  appointed  to  any  town  office, 
except  as  above  provided,  under  the  provisions  of  this  act  or 
of  any  general  or  special  law,  shall  be  eligible  during  the 
term  of  said  office  to  appointment  to  any  other  town  office, 
except  that  the  town  accountant  shall  not  be  eligible  to 
hold  the  position  of  town  treasurer  or  the  position  of  town 
collector. 

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

OATH  OF   office. 

Section  9.  All  town  officers,  except  the  board  of  as- 
sessors, who  shall  be  sworn  in  accordance  with  General  Laws, 
and  the  town  clerk,  who  shall  be  sworn  by  a  justice  of  the 
peace  or  a  notary  public,  shall  be  sworn  to  the  faithful  per- 
formance of  their  duties  by  the  town  clerk. 

EXECUTIVE-SECRETARY. 

Section  10,  Appointment  of  Executive-Secretary.  —  Forth- 
with, after  the  election  of  the  selectmen  under  the  provisions 
of  this  act,  the  selectmen  shall  appoint,  for  a  term  not  to 
exceed  three  years,  a  town  manager  to  be  designated  as 
executive-secretary,  who  shall  be  a  person  especially  fitted 
by  education,  training  and  experience,  who  may  also  qualify 
as  an  engineer,  to  perform  the  duties  of  the  office,  which 
office  may,  at  the  discretion  of  the  selectmen,  include  the 
position  of  superintendent  of  pubHc  works.  He  need  not  be 
a  resident  of  the  town  or  of  this  commonwealth  when  ap- 
pointed, but  shall,  if  so  requested  by  the  board  of  selectmen, 
reside  in  the  town  during  his  term  of  office.  He  shall  not, 
during  one  year  prior  to  his  appointment,  have  held  any 
elective  office  in  the  town  of  Ipswich,  and  may  be  appointed 
for  successive  terms  of  office.  In  the  event  of  the  temporary 
absence  or  disabihty  of  the  executive-secretary,  the  board 
of  selectmen  may  appoint  any  suitable  person  to  perform 
the  duties  of  the  executive-secretary. 


Acts,  1954.  — Chap.  620.  597 

Section  11.  Removal  of  Executive-Secretary. — The  se- 
lectmen, by  a  majority  vote  of  the  full  membership  of  the 
board,  may  remove  the  executive-secretary.  At  least  fifteen 
days  before  such  proposed  removal  shall  become  effective, 
the  selectmen  shall  file  a  prehminary  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  executive-secretary.  The  executive- 
secretary  may  reply  in  writing  to  the  resolution  and  may 
within  said  fifteen-day  period  request  a  public  hearing.  If 
the  executive-secretary  so  requests,  the  board  of  selectmen 
shall  hold  a  public  hearing  not  earHer  than  ten  days  nor 
later  than  fifteen  days  after  the  filing  of  such  request.  After 
such  pubhc  hearing,  if  any,  otherwise  at  the  expiration  of 
thirty  days  following  the  filing  of  the  preliminary  resolu- 
tion and  after  full  consideration,  the  selectmen,  by  a  ma- 
jority vote  of  the  full  membership  of  the  board,  may  adopt 
a  final  resolution  of  removal.  In  the  preliminary  resolu- 
tion the  selectmen  may  suspend  the  executive-secretary 
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  12.  Compensation  of  Executive-Secretary.  —  The 
executive-secretary  shall  receive  such  compensation,  not  ex- 
ceeding the  amount  appropriated  therefor,  as  the  selectmen 
shall  determine. 

Section  13.  Powers  and  Duties  of  the  Executive-Secretary. 
—  (a)  The  executive-secretary  shall  supervise  the  adminis- 
tration of  all  departments  and  activities  of  the  town,  sub- 
ject to  the  direction  and  advice  of  the  board  of  selectmen, 
as  heretofore  provided,  except  those  officers,  boards,  com- 
mittees or  commissions  elected  in  whole  or  in  part  by  the 
voters  or  appointed  by  the  moderator.  With  the  approval 
of  the  selectmen,  he  may  also  supervise  and  direct  such 
other  activities  and  undertakings  of  the  town,  not  otherwise 
subject  to  his  supervision,  as  may  be  requested  of  him  from 
time  to  time  by  the  office,  board  or  committee  having  con- 
trol thereof. 

(b)  The  executive-secretary  may  appoint  and  remove  all 
town  employees,  in  any  department,  commission,  board  or 
offices,  over  which  he  has  supervision  and  direction.  Officers 
and  full-time  employees  not  subject  to  chapter  thirty-one 
of  the  General  Laws  may  be  suspended  from  duty,  but  shall 
not  be  removed  by  the  executive-secretary  or  any  depart- 
ment head  except  on  notice  in  writing  setting  forth  the  reason 
of  such  removal.  Such  officers  or  employees  shall  have  the 
right  of  appeal  to  the  board  of  selectmen,  which  shall  act  as 
a  board  of  appeal,  and  said  board  shall,  after  full  considera- 
tion, make  a  decision  which  shall  be  final. 

(c)  The  executive-secretary  shall  appoint,  subject  to  the 
approval  of  the  board  of  selectmen,  on  merit  and  fitness 
alone,  for  such  terms  of  office,  if  any,  as  he  may  deem  appro- 
priate, and  may  remove,  subject  to  the  approval  of  the 


598  Acts,  1954. —  Chap.  620. 

board  of  selectmen,  the  board  of  public  welfare,  the  play- 
ground and  recreation  board,  board  of  health,  the  clam 
commissioner  and  harbor  master,  the  town  clerk,  town 
treasurer  and  collector,  town  counsel,  fire  chief,  board  of 
assessors,  planning  board,  superintendent  of  public  works, 
and  such  other  officers,  boards  and  committees  as  may  be 
required  for  the  proper  administration  of  town  affairs,  or  as 
he  shall  hereafter  be  directed  to  appoint  by  by-law  or  vote 
of  the  town  or  specially  provided  by  the  General  Laws. 

{d)  The  executive-secretary,  in  accordance  with  the  pro- 
visions of  this  act,  and  except  as  otherwise  expressly  pro- 
hibited by  the  General  Laws,  may,  subject  to  the  approval 
of  the  board  of  selectmen,  reorganize,  consoHdate  or  aboHsh 
departments,  commissions,  boards  or  offices  under  his  direc- 
tion and  supervision,  in  whole  or  in  part,  establish  such  new 
departments,  commissions,  boards  and  offices  as  he  deems 
necessary,  and  transfer  the  duties  and  powers  of  one  depart- 
ment, commission,  board  or  office  to  another,  and  may, 
with  the  approval  of  the  selectmen  and  consent  of  the  finance 
committee,  transfer  the  appropriation  of  one  department, 
board  or  office  to  another. 

(e)  The  executive-secretary  shall  attend  all  regular  meet- 
ings of  the  board  of  selectmen  except  meetings  at  which  his 
removal  is  being  considered. 

(/)  The  executive-secretary  shall  keep  full  and  complete 
records  of  his  office,  and  shall  render  as  often  as  may  be  re- 
quired by  the  selectmen  a  full  report  of  any  operations  under 
his  supervision. 

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

{h)  The  ex*ecutive-secretary,  with  the  approval  of  the 
board  of  selectmen,  shall  have  jurisdiction  over  and  be  re- 
sponsible for  the  planning,  construction,  reconstruction,  al- 
teration, repair,  improvement,  use  and  rental  of  all  town 
property,  except  as  hereinbefore  provided  with  respect  to 
schools,  and  except  as  otherwise  specifically  voted  by  the 
town. 

(i)  Except  as  otherwise  provided  by  this  act  the  executive- 
secretary  shall  purchase  all  supplies,  materials  and  equip- 
ment, and  shall  award  all  contracts  for  all  departments  and 
activities  of  the  town  under  his  supervision,  and  may  make 
purchases  for  departments  not  under  his  supervision  upon 
requisition  duly  authorized  by  the  head  of  such  department. 

(j)  The  executive-secretary  shall  perform  such  other  du- 
ties, consistent  with  his  office,  as  may  be  required  of  him  by 
the  by-laws,  or  vote  of  the  town,  or  by  vote  of  the  select- 
men. 

ik)  The  executive-secretary  shall  have  access  to  all  town 
books,  records  and  papers.  He  may  without  notice  cause 
the  affairs  of  any  department,  or  activity  under  his  super- 


Acts,  1954.  — Chap.  620.  599 

vision,  or  the  conduct  of  any  officer  or  employee  appointed 
by  him,  to  be  examined. 

Section  14.  Department  of  Public  Works.  —  There  shall 
be  a  department  of  public  works,  subject  to  the  approval  of 
the  board  of  selectmen,  which  shall  be  under  the  direction 
and  supervision  of  a  superintendent,  who  may  be  the  execu- 
tive-secretary. The  department  of  public  works  shall  be 
responsible  for  the  care,  maintenance  and  operation  of  all 
town  buildings  and  grounds  other  than  schools  and  school 
grounds,  except  as  herein  otherwise  provided. 

It  shall  assume  all  the  duties  and  functions  heretofore 
performed  or  required  by  law  to  be  performed  by  the  follow- 
ing:—  The  highway  department,  the  garbage  and  refuse 
division  of  the  health  department,  the  tree  and  moth  de- 
partment, the  cemetery  department,  the  water  and  electric 
Hght  department,  the  sewerage  department,  and  the  trus- 
tees of  the  land  of  the  town  of  Ipswich  at  Great  Neck. 

Any  general  or  special  law  providing  for  boards,  commis- 
sions or  trustees  for  the  above  shall  be  ineffective  so  far  as 
they  may  concern  the  town  of  Ipswich. 

The  department  of  pubhc  works  may,  subject  to  the  ap- 
proval of  the  board  of  selectmen,  perform  such  duties  and 
functions  as  may  be  requested  by  any  other  department  of 
the  town,  and  shall  perform  such  duties  and  functions  as 
may  be  imposed  on  towns  by  any  general  or  special  laws 
which  pertain  to  the  care,  maintenance  and  operation  of 
pubHc  buildings,  grounds,  parks  and  playgrounds,  and  also 
of  the  departments  herein  enumerated, 

PRIOR  ACTS. 

Section  15.  All  powers,  rights,  duties  and  habihties 
which,  by  chapter  three  hundred  and  thirteen  of  the  acts  of 
eighteen  hundred  and  ninety,  and  chapter  one  hundred  and 
six  of  the  acts  of  nineteen  hundred  and  four,  and  any  acts 
in  amendment  thereof  or  supplemental  thereto,  as  are  vested 
in  the  board  of  water  commissioners,  the  board  of  selectmen 
or  the  board  of  water  and  municipal  light  commissioners  of 
the  town  of  Ipswich  are  hereby  transferred  to  and  invested 
in  the  board  of  selectmen.  No  contracts,  rights  or  habilities 
so  existing  at  the  time  of  the  effective  date  of  the  acceptance 
of  this  act  shall  be  affected  hereby. 

TOWN  offices. 

Section  16.  Board  of  Health.  —  There  shall  be  a  board 
of  health  consisting  of  three  persons  to  be  appointed  by  the 
executive-secretary  with  approval  of  the  board  of  selectmen; 
one  of  said  persons  shall  be  appointed  for  a  term  of  one  year, 
one  for  a  term  of  two  years,  and  one  for  a  term  of  three  years, 
and  annually  thereafter  each  shall  be  appointed  for  a  term  of 
three  years.  If,  for  any  reason,  a  vacancy  occurs  in  the 
membership  of  the  board  of  health,  the  membership  shall 
be  filled  by  the  executive-secretary  with  the  approval  of  the 


600  Acts,  1954. —  Chap.  620. 

board  of  selectmen  for  the  unexpired  term.  The  board  of 
health  shall  organize  for  the  proper  conduct  of  their  duties. 
They  shall  be  subject  to  all  the  duties  and  liabihties  con- 
ferred or  imposed  by  law. 

Section  17,  Appointment  of  Planning  Board.  —  There 
shall  be  established  a  planning  board  as  herein  provided 
which  shall  have  all  the  powers  and  duties  of  planning  boards 
established  in  accordance  with  section  eighty-one  A  of  chap- 
ter forty-one  of  the  General  Laws,  except  that  such  planning 
board  shall  not  act  as  playground  commissioners.  The  board 
estabhshed  hereunder  shall  consist  of  five  members  who  shall 
be  appointed  by  the  executive-secretary  with  the  approval 
of  the  board  of  selectmen.  When  such  board  is  first  estab- 
lished its  members  shall  be  appointed  for  terms  of  such 
length  and  so  arranged  that  the  term  of  at  least  one  member 
shall  expire  each  year  and  his  successor  shall  be  appointed 
by  the  executive-secretary  with  the  approval  of  the  select- 
men for  a  term  of  five  years.  Any  vacancy  shall  be  filled 
for  the  unexpired  term  by  the  executive-secretary  with  the 
approval  of  the  board  of  selectmen.  Upon  the  appointment 
and  qualification  of  the  members  of  the  board,  the  term  of 
office  of  the  members  of  the  then  existing  planning  board 
shall  terminate. 

Section  18.  Appointment  of  Board  of  Public  Welfare.  — 
The  executive-secretary  shall  appoint,  subject  to  the  ap- 
proval of  the  board  of  selectmen,  a  board  of  public  welfare 
to  consist  of  three  persons.  One  of  said  persons  shall  be  ap- 
pointed for  a  term  of  one  year,  one  for  a  term  of  two  years, 
and  one  for  a  term  of  three  years,  and  annually  thereafter 
there  shall  be  appointed  by  the  executive-secretary  a  mem- 
ber for  a  term  of  three  years  in  the  place  of  the  member  whose 
term  expires.  The  members  shall  serve  until  their  successors 
are  appointed  and  qualified.  If  for  any  reason  a  vacancy 
occurs  in  the  membership  of  the  board  of  public  welfare,  the 
vacancy  shall  be  filled  forthwith  by  the  executive-secretary 
for  the  unexpired  term.  Upon  the  appointment  and  qualifica- 
tion of  the  members  of  the  board  of  pubhc  welfare  as  pro- 
vided in  this  section  the  terms  of  office  of  the  members  of  the 
then  existing  board  of  public  welfare  of  the  town  shall  ter- 
minate. The  board  of  public  welfare  appointed  hereunder 
shall  organize  for  the  proper  conduct  of  their  duties,  and 
shall  possess  all  the  powers  and  rights  and  be  subject  to  all 
the  duties  and  responsibilities  conferred  or  imposed  by  law 
upon  boards  of  pubhc  welfare. 

Section  19.  Playground  and  Recreation  Cojnmissioners.  — 
The  executive-secretary  shall  appoint,  subject  to  the  approval 
of  the  board  of  selectmen,  a  board  of  playground  and  recre- 
ation commissioners  to  consist  of  five  persons.  One  person 
shall  be  appointed  for  a  term  of  one  year,  two  for  a  term  of 
two  years,  and  two  for  a  term  of  three  years,  and  annually 
thereafter  there  shall  be  appointed  by  the  executive-secre- 
tary a  member  or  members  for  a  term  of  three  years  in  the 
place  of  the  member  or  members  whose  term  expires.    The 


Acts,  1954. —  Chap.  620.  601 

members  shall  serve  until  their  successors  are  appointed  and 
qualified.  If,  for  any  reason,  a  vacancy  occurs  in  the  mem- 
bership of  the  board  of  playground  and  recreation  com- 
missioners, the  vacancy  shall  be  filled  forthwith  by  the 
executive-secretary  for  the  unexpired  term.  Upon  the  ap- 
pointment and  qualification  of  the  members  of  the  then  ex- 
isting board  of  playground  and  recreation  commissioners  as 
provided  in  this  section  the  terms  of  office  of  the  members 
of  the  then  existing  boards  of  playground  and  recreation 
commissioners  of  the  town  shall  terminate.  The  board  of 
playground  and  recreation  commissioners  appointed  here- 
under shall  organize  for  the  proper  conduct  of  their  duties 
and  shall  possess  all  the  powers  and  rights  and  be  subject 
to  all  the  duties  and  responsibilities  conferred  or  imposed 
by  law  or  by-laws  of  this  town  upon  the  board  of  playground 
and  recreation  commissioners,  but  in  the  performance  of  their 
duties  they  shall  be  subject  to  the  general  supervision  and 
direction  of  the  executive-secretary. 

Section  20.  Appointment  of  Board  of  Assessors.  —  There 
shall  be  a  board  of  assessors  consisting  of  three  persons,  to 
be  appointed  by  the  executive-secretary  with  the  approval 
of  the  board  of  selectmen.  The  full-time  member  shall  be 
appointed  for  a  term  of  three  years,  one  member  for  one 
year  and  one  member  for  two  years,  and  thereafter  each 
shall  be  appointed  for  a  term  of  three  years.  The  assessors 
shall  serve  until  their  successors  are  appointed  and  qualified. 
If,  for  any  reason,  a  vacancy  occurs  in  the  membership  of 
the  board  of  assessors,  the  vacancy  shall  be  filled  forthwith 
by  the  executive-secretary  with  the  approval  of  the  board  of 
selectmen  for  the  unexpired  term.  Upon  the  appointment 
and  qualification  of  assessors  as  provided  in  this  section  the 
terms  of  office  of  the  members  of  the  then  existing  board  of 
assessors  of  the  town  shall  terminate.  The  assessors  shall 
organize  for  the  proper  conduct  of  their  duties  and  shall 
possess  all  the  powers  and  rights  and  be  subject  to  all  the 
duties  and  liabilities  conferred  or  imposed  by  law  upon 
assessors  of  towns. 

Section  21.  Town  Clerk.  —  The  executive-secretary  with 
the  approval  of  the  board  of  selectmen  shall  appoint  a  town 
clerk.  The  existing  office  of  town  clerk  shall  be  continued 
until  the  person  appointed  to  said  office  of  town  clerk  shall 
have  qualified.  The  town  clerk  shall  have  the  powers,  per- 
form the  duties  and  be  subject  to  the  Habilities  and  penalties 
now  or  hereafter  conferred  or  imposed  by  law  upon  town 
clerks. 

Section  22.  Toiun  Treasurer.  —  The  executive-secretary 
with  the  approval  of  the  board  of  selectmen  shall  appoint  a 
town  treasurer.  The  existing  office  of  town  treasurer  shall 
be  continued  until  the  person  appointed  to  said  office  shall 
have  qualified.  The  town  treasurer  shall  have  the  powers, 
perform  the  duties,  and  be  subject  to  the  liabilities  and 
penalties  now  or  hereafter  imposed  by  law  upon  town 
treasurers.    Whenever  it  shall  be  necessary  to  execute  any 


602  Acts,  1954.  — Chap.  620. 

deed  conveying  land,  or  any  other  instrument  required  to 
carry  out  any  vote  of  the  town  the  same  shall  be  executed 
by  the  treasurer  and  a  majority  of  the  board  of  selectmen  in 
behalf  of  the  town. 

Section  23.  Town  Collector.  —  The  executive-secretary 
with  the  approval  of  the  board  of  selectmen  shall  appoint  a 
person  to  the  office  of  town  collector,  who  may  also  be  the 
town  treasurer.  The  existing  office  of  town  collector  shall 
be  continued  until  the  person  appointed  to  said  office  of 
town  collector  shall  have  qualified.  The  collector  shall  have 
the  powers,  perform  the  duties  and  be  subject  to  the  h- 
abilities  and  penalties  now  or  hereafter  conferred  or  imposed 
by  law  upon  town  collectors. 

Section  24.  Toxon  Accountant.  —  The  board  of  selectmen 
shall  appoint  a  town  accountant,  and  the  town  accountant 
shall  have  the  powers,  perform  the  duties,  and  be  subject  to 
the  Uabihty  and  penalties  now  or  hereafter  conferred  or  im- 
posed by  law  upon  town  accountants. 

Section  25.  Appointment  of  Town  Counsel.  —  The  ex- 
ecutive-secretary with  the  approval  of  the  board  of  select- 
men shall  annually  appoint  an  attorney-at-law  to  act  as 
town  counsel,  who  shall  draft  all  bonds,  deeds,  leases,  obhga- 
tions,  conveyances  and  other  legal  instruments,  and  shall 
perform  such  other  legal  services  as  may  be  requested  of 
him  by  vote  of  the  town,  by  the  executive-secretary,  by  the 
selectmen  or  by  any  board  of  town  officers.  Also,  when  re- 
quested, he  shall  furnish  a  written  opinion  on  any  question 
that  may  be  submitted  to  him,  and  he  shall  at  all  times  upon 
request  of  the  selectmen  furnish  legal  advice  to  any  officer 
of  the  town  who  may  require  his  advice  upon  any  subject 
concerning  the  duties  of  such  office.  He  shall  prosecute  all 
suits  or  other  legal  proceedings  ordered  to  be  brought  by 
the  town  or  by  the  board  of  selectmen.  He  shall  appear  in 
defense  of  all  actions  or  suits  brought  against  the  town  or  its 
officers  in  their  official  capacity,  and  shall  try  and  argue  any 
and  all  causes  in  which  the  town  shall  be  a  party,  and  shall 
appear  at  any  and  all  hearings  on  behalf  of  the  town  when- 
ever his  services  may  be  required.  The  board  of  selectmen 
shall  with  the  approval  of  the  town  counsel  have  the  au- 
thority to  prosecute,  defend  and,  with  the  written  approval 
of  the  town  counsel,  to  compromise  all  htigation  to  which 
the  town  is  a  party,  and  shall  have  authority  to  employ 
special  counsel  to  assist  the  town  counsel  whenever  in  their 
judgment  it  may  be  advisable. 

Section  26.  Personnel.  —  It  shall  be  the  duty  of  the 
executive-secretary  to  administer  the  personnel  rules  and 
regulations  and  classification  and  compensation  plans,  now 
or  hereafter  provided  by  the  executive-secretarj^  subject  to 
the  approval  of  the  board  of  selectmen,  and  the  executive- 
secretary  shall  hear  and  act  on  all  grievances  to  come  before 
him  under  such  rules  and  regulations  and  classification  and 
compensation  plans  and  the  board  of  selectmen  shall  act  as 
a  board  of  appeals. 


Acts,  1954. —  Chap.  620.  603 

Section  27.  Approval  of  Warrants.  —  Warrants  for  the 
payment  of  town  funds  prepared  by  the  town  accountant  in 
accordance  with  the  provisions  of  section  fifty-six  of  chapter 
forty-one  of  the  General  Laws  shall  be  submitted  to  the 
executive-secretary.  The  approval  of  any  such  warrant 
shall  be  sufficient  authority  to  authorize  payment  by  the 
town  treasurer.  The  selectmen  may,  at  any  time,  require 
the  executive-secretary  to  approve  in  writing  any  debt  or 
obHgation  which  he  has  incurred  on  behalf  of  the  town. 

Section  28.  Receipts  paid  to  Treasurer.  —  Any  officer 
or  person  purporting  to  act  for  the  town  shall  pay  into  the 
treasury  of  the  town  all  amounts,  including  all  fees  received 
in  accordance  with  the  provisions  of  any  general  or  special 
law,  received  by  him  on  behalf  of  the  town,  and  shall  make 
a  true  return  thereof  to  the  town  accountant,  stating  the 
accounts  upon  which  such  amounts  were  received. 

Section  29.  Certain  Town  Officers  not  to  make  Contracts 
ivith  the  Town.  —  It  shall  be  unlawful  for  any  selectman, 
the  executive-secretary,  any  member  of  the  school  com- 
mittee, or  any  other  elective  or  appointive  official  directly  or 
indirectly,  to  make  a  contract  with  the  town,  or  to  receive 
any  commission,  discount,  bonus,  gift,  contribution,  reward 
or  other  consideration  from,  or  any  share  in,  the  profits  of 
any  person  or  corporation  making  or  performing  such  a  con- 
tract unless  the  official  concerned  shall  forthwith  notify  the 
selectmen  in  writing  of  the  proposed  contract,  or  contract, 
and  of  the  nature  of  his  interest  therein,  and  shall  abstain 
from  doing  any  official  act  on  behalf  of  the  town  in  reference 
thereto.  In  case  such  interest  exists  on  the  part  of  an  officer 
whose  duty  it  is  to  make  such  a  contract  on  behalf  of  the 
town,  the  contract  may  be  made  by  another  officer  or  voter 
of  the  town  duly  authorized  thereto  by  vote  of  the  selectmen. 
Violation  of  any  provision  of  this  section  shall  render  the 
contract  in  respect  to  which  such  violation  occurs  voidable 
at  the  option  of  the  town.  Any  person  violating  any  pro- 
vision of  this  section  shall  be  punished  by  a  fine  of  not  more 
than  one  thousand  dollars,  or  by  imprisonment  for  not  more 
than  one  year,  or  by  both  such  fine  and  imprisonment. 

Section  30.  Estimates  of  Expenditures.  —  On  or  before 
the  first  day  of  December  of  each  year,  the  executive-secre- 
tary shall  submit  to  the  selectmen  a  careful,  detailed  esti- 
mate in  writing  of  the  probable  expenditures  of  the  town 
government  for  the  ensuing  fiscal  year,  stating  the  amount 
required  to  meet  the  interest  and  maturing  bonds  and  notes, 
or  other  outstanding  indebtedness  of  the  town,  and  showing 
specifically  the  amount  necessary  to  be  provided  for  each 
fund  and  department,  together  wiih  a  statement  of  the  ex- 
penditures of  the  town  for  the  same  purposes  in  the  two 
preceding  years  and  an  estimate  of  the  expenditures  for  the 
current  year.  He  shall  also  submit  a  statement  showing  all 
revenues  received  by  the  town  in  the  two  preceding  fiscal 
years,  together  with  an  estimate  of  the  receipts  of  the  cur- 
rent year  and  an  estimate  of  the  amount  of  income  from  all 


604  Acts,  1954. —  Chap.  620. 

sources  of  revenue  exclusive  of  taxes  upon  property  in  the 
ensuing  year.  For  the  purpose  of  enabling  the  executive- 
secretary  to  make  up  the  annual  estimate  of  expenditures, 
all  boards,  officers  and  committees  of  the  town  shall,  upon 
his  written  request,  furnish  all  information  in  their  possession 
and  submit  to  him  in  writing  a  detailed  estimate  of  the 
appropriations  required  for  the  efficient  and  proper  conduct 
of  their  respective  departments  during  the  next  fiscal  year. 
The  selectmen,  upon  receipt  of  the  estimate  of  the  probable 
expenditures,  shall  prepare  a  budget  which  they  shall  sub- 
mit with  their  recommendations  relative  thereto  to  the 
finance  committee  on  or  before  the  fifteenth  day  of  January 
of  each  year. 

TRUST   FUND    COMMISSIONERS. 

Section  31.  There  shall  be  a  board  of  trust  fund  com- 
missioners of  three  persons  to  be  appointed  by  the  board  of 
selectmen,  one  of  whom  shall  be  appointed  for  one  year,  one 
for  two  years,  and  one  for  three  years,  and  annually  there- 
after shall  be  appointed  for  terms  of  three  years,  which  board 
shall  have  the  care  and  management  of  all  trust  funds  not 
specifically  given  to  any  other  board  or  trustee,  or  trustees, 
and  the  board  of  trust  fund  commissioners  shall  include  in 
their  duties  the  care  and  management  of  cemetery  perpetual 
care  funds. 

Section  32.  Appoint7nent  of  Finance  Committee.  —  There 
shall  be  a  finance  committee  consisting  of  nine  registered 
voters  of  the  town.  No  elective  or  appointive  town  officer  or 
town  employee  shall  be  eUgible  to  serve  on  said  committee. 
The  moderator  elected  under  the  provisions  of  this  act  in  the 
year  nineteen  hundred  and  fifty-five  shall  forthwith  appoint 
one  member  of  the  finance  committee  for  a  term  of  one  year, 
one  for  a  term  of  two  years,  and  one  for  a  term  of  three  years. 
The  moderator  elected  in  each  year  thereafter  shall  appoint 
one  member  of  said  committee  for  a  term  of  three  years.  At 
the  annual  town  meeting,  under  the  provisions  of  this  act  in 
the  year  nineteen  hundred  and  fifty-five,  the  voters  at  such 
meeting  shall  appoint  one  member  of  said  committee  for  a 
term  of  one  year,  one  for  a  term  of  two  years,  and  one  for  a 
term  of  three  years,  and  thereafter  at  each  annual  town 
meeting  there  shall  be  appointed  one  member  for  a  term  of 
three  years.  The  selectmen  elected  under  the  provisions  of 
this  act  in  the  year  nineteen  hundred  and  fifty-five  shall 
forthwith  appoint  one  member  of  said  committee  for  a  term 
of  one  year,  one  for  a  term  of  two  years,  and  one  for  a  term 
of  three  years.  The  selectmen  shall  each  year  thereafter 
appoint  one  member  of  said  committee  for  a  term  of  three 
years.  The  terms  of  said  members  shall  commence  imme- 
diately upon  their  qualification,  and  shall  continue  until 
their  successors  are  appointed  and  qualified  for  office.  Said 
committee  shall  choose  its  own  officers,  and  shall  cause  to 
be  kept  a  true  record  of  its  proceedings.  Upon  the  appoint- 
ment and  qualification  of  the  finance  committee  as  provided 


Acts,  1954.  — Chap.  620.  605 

herein  the  terms  of  all  members  then  holding  office  shall  ex- 
pire. 

Section  33.  Appointments  to  fdl  Vacancies.  —  Any  va- 
cancy in  the  finance  committee  shall  be  filled  by  the  mod- 
erator. If  any  member  is  absent  from  three  consecutive 
meetings  of  said  committee,  except  in  case  of  illness,  the 
secretary  shall  so  notify  the  town  moderator,  and  the  posi- 
tion shall  be  deemed  vacant.  The  term  of  office  of  any 
person  so  chosen  to  fill  a  vacancy  shall  expire  at  the  final 
adjournment  of  the  next  succeeding  annual  town  meeting, 
and  the  moderator  shall  appoint  his  successor  to  complete 
the  unexpired  term  of  the  member  in  whose  office  such  va- 
cancy originally  occurred. 

Section  34.  Consideration  of  Town  Warrant.  —  All  ar- 
ticles in  any  warrant  for  a  town  meeting,  except  articles  pro- 
viding for  election  of  town  officers,  shall  be  referred  to  the 
finance  committee  for  consideration.  The  selectmen  after 
drawing  any  such  warrant  shaU  transmit  immediately  a 
copy  thereof  to  each  member  of  said  committee.  A  pubhc 
hearing  shall  be  held  before  the  annual  town  meeting  upon 
all  such  articles  in  the  warrant  for  such  meeting,  and  a  notice 
of  such  hearing  shall  be  given  by  publication  not  less  than 
three  days  before  the  time  of  holding  such  hearing.  The 
finance  committee  may  hold  a  public  hearing  on  any  or  all 
articles  in  the  warrant  for  a  special  town  meeting.  Notice 
of  such  hearing  shall  be  given  by  pubUcation  not  less  than 
three  days  before  the  time  of  holding  such  hearing.  Said 
committee,  after  due  consideration  of  the  subject  matter  of 
such  articles  in  any  warrant,  shall  report  thereon  to  the 
town  meeting,  in  writing,  such  recommendations  as  it  deems 
best  for  the  interests  of  the  town.  The  report  of  the  finance 
committee  on  such  articles  in  the  warrant  for  any  annual 
meeting  shall  be  filed  with  the  town  clerk  not  later  than 
fifteen  days  before  the  first  Monday  in  March,  and  the  town 
clerk  shall  forthwith  cause  said  report  to  be  printed  and  a 
copy  thereof  to  be  distributed  prior  to  said  meeting  to  each 
registered  voter  in  the  town. 

Section  35.  Recommendations  by  Committee.  —  It  shall 
be  the  duty  of  the  finance  committee  to  consider  the  expendi- 
tures in  previous  years  and  the  estimated  requirements  for 
the  ensuing  fiscal  year  as  set  forth  in  the  budget  submitted 
to  them  by  the  selectmen.  The  finance  committee  shall  add 
to  the  statement  of  expenditures  and  estimates  submitted  by 
the  board  of  selectmen  another  column,  giving  the  amounts 
which  in  its  opinion  should  be  appropriated  for  the  ensuing 
fiscal  year,  and  shall  further  add  thereto  such  explanations 
and  suggestions  relating  to  the  proposed  appropriations  as 
it  may  deem  expedient,  and  report  thereon  as  provided  in 
section  thirty-four. 

No  recommendation  of  the  finance  committee  relating  to 
any  article  in  any  town  warrant  requiring  the  appropriation 
of  money  shall  be  increased  or  decreased  except  by  a  two- 
thirds  vote  of  the  town  meeting. 


606  Acts,  1954. —  Chap.  620. 

Section  36.  Free  Access  to  Financial  Data.  —  In  the  dis- 
charge of  its  duty,  said  committee  shall  have  free  access  to 
all  books,  records,  accounts  and  bills,  and  vouchers  on  which 
money  has  been  or  may  be  paid  from  the  town  treasury. 
Officers,  boards  and  committees  of  the  town  shall,  upon  re- 
quest, furnish  said  committee  with  facts,  figures  and  any 
other  information  pertaining  to  their  several  activities,  and 
shall  appear  in  person  when  so  requested. 

Section  37.  Annual  Report.  —  The  finance  committee 
may  make  a  report  with  recommendations  relative  to  finan- 
cial matters  and  the  conduct  of  town  business,  which  shall 
be  included  in  the  annual  town  report. 

Section  38.  Submission  of  Act  and  Time  of  Taking  Effect. 
—  This  act  shall  be  submitted  to  the  qualified  voters  of  the 
town  of  Ipswich  for  acceptance  at  the  biennial  state  election 
to  be  held  in  the  year  nineteen  hundred  and  fifty-four.  The 
vote  shall  be  taken  by  ballot  in  answer  to  the  following  ques- 
tion which  shall  be  printed  on  the  official  ballot:  —  "Shall 
an  act  passed  by  the  general  court  in  the  year  nineteen  hun- 
dred and  fifty-four  entitled  *An  Act  establishing  a  select- 
men-executive-secretary form  of  government  for  the  town  of 
Ipswich'  be  accepted?"  Upon  acceptance  by  a  majority  of 
the  qualified  voters  as  herein  provided,  this  act  shall  take 
effect  for  the  purposes  of  the  annual  meeting  for  the  year 
following  its  acceptance  and  for  all  things  that  pertain  to 
said  election,  and  shall  take  full  effect  upon  the  election  and 
qualification  of  the  selectmen.  Appointees  of  the  officers  and 
boards  abolished  and  consolidated  by  this  act  shall  continue 
to  draw  compensation  at  the  same  rate  and  to  exercise  Hke 
powers,  authority  and  jurisdiction  as  theretofore  provided 
until  provision  otherwise  is  made. 

Section  39.  Duties  of  Certain  Town  Officials  relative  to 
Election.  —  It  shall  be  the  duty  of  the  selectmen  and  the 
town  clerk  in  office,  and  any  other  town  official  upon  whom 
by  reason  of  his  office  a  duty  devolves  by  the  provisions  of 
this  act  when  accepted  by  the  qualified  voters  as  herein 
provided,  to  comply  with  all  the  requirements  of  this  act 
relating  to  elections,  to  the  end  that  all  things  may  be  done 
necessary  for  the  nomination  and  election  of  the  officers  first 
to  be  elected  under  this  act. 

Section  40.  By-laws,  Rules,  etc.  —  All  laws,  by-laws, 
rules  and  regulations  in  force  in  the  town  of  Ipswich  when 
this  act  takes  effect,  not  inconsistent  with  its  provisions, 
whether  enacted  by  authority  of  the  town  or  any  other  au- 
thority, shall  continue  in  full  force  and  effect  until  otherwise 
provided  by  law,  by-law  or  vote.  All  other  laws,  by-laws, 
rules  and  regulations,  so  far  as  they  refer  to  the  town  of 
Ipswich,  are  hereby  repealed  and  annulled,  but  such  repeal 
shall  not  revive  any  pre-existing  enactment. 

Section  41.  Revocation  of  Acceptance.  —  At  any  time 
after  the  expiration  of  three  years  from  the  date  of  which 
this  act  is  accepted,  and  not  less  than  sixty  days  before  the 
date  of  an  annual  meeting,  a  petition,  signed  by  not  less 


Acts,  1954.  —  Chap.  620.  607 

than  fifteen  per  cent  of  the  registered  voters  of  the  town,  may 
be  filed  with  the  selectmen,  requesting  that  the  question  of 
revoking  the  acceptance  of  this  act  be  submitted  to  the 
voters.  Thereupon  the  selectmen  shall  cause  the  question 
of  the  acceptance  to  be  placed  on  the  ballot  at  the  next  an- 
nual election.  At  said  election  the  vote  shall  be  taken  in 
answer  to  the  following  question,  which  shall  be  printed  on 
the  official  ballot:  —  "Shall  the  acceptance  by  the  town  of 
Ipswich  of  an  act  passed  by  the  general  court  in  the  year 
nineteen  hundred  and  fifty-four,  entitled  'An  Act  estabhsh- 
ing  a  selectmen-executive-secretary  form  of  government  for 
the  town  of  Ipswich'  be  revoked?"  If  such  revocation  is 
favored  by  a  majority  of  the  voters  voting  thereon  by  ballot, 
the  acceptance  of  this  act  shall  be  revoked  and  this  act  shall 
become  null  and  void  beginning  with  the  annual  town  meet- 
ing next  following  such  vote,  which  meeting  shall  be  held  at 
such  time,  in  conformity  with  general  law,  as  may  be  deter- 
mined by  vote  of  the  town;  provided,  that  all  town  officers 
holding  office  under  this  act  shall  continue  to  hold  office  until 
their  successors  have  been  duly  quafified.  At  the  first  an- 
nual town  election  following  such  vote  of  revocation  the 
registered  voters  of  the  town  shall  elect  by  ballot  all  elec- 
tive officers  and  boards  whose  election  to  office  was  required 
prior  to  the  acceptance  of  chapter  two  hundred  and  forty- 
seven,  of  the  acts  of  nineteen  hundred  and  forty-nine,  and 
elect  annually  thereafter  such  officers  as  were  elected  an- 
nually prior  to  the  acceptance  of  chapter  two  hundred  and 
forty-seven  of  the  acts  of  nineteen  hundred  and  forty-nine. 
It  shall  be  the  duty  of  the  selectmen  and  the  town  clerk  in 
office,  and  any  other  town  official  upon  whom  by  reason  of 
his  office  a  duty  devolves,  when  this  act  is  revoked,  to  com- 
ply with  all  the  requirements  of  this  section  relating  to  elec- 
tions, to  the  end  that  all  things  may  be  done  necessary  for 
the  nomination  and  election  of  the  officers  required  to  be 
elected  following  the  revocation  of  this  act.  The  said  revo- 
cation shall  not  affect  any  contract  then  existing,  or  any  ac- 
tion at  law,  or  any  suit  in  equity,  or  any  other  proceedings 
then  pending,  with  the  exception  of  any  contract  made  by 
the  town  with  the  executive-secretary  then  in  office,  whose 
office  shall  be  aboHshed  immediately  upon  such  vote,  but 
who  shall  receive  one  month's  compensation  from  the  date 
of  such  revocation.  The  board  of  selectmen  shall  be  charged 
with  all  the  powers  and  duties  of  the  executive-secretary 
which  they  may  discharge  by  themselves  or  by  a  temporary 
executive-secretary  appointed  by  them.  Any  special  laws 
relative  to  said  town  which  are  repealed  by  this  act  shall  be 
revived  by  such  revocation.  Any  by-law  in  force  when  said 
revocation  takes  effect,  so  far  as  consistent  with  the  General 
Laws  respecting  town  government  and  town  officers  and  the 
said  special  laws,  shall  not  be  affected  thereby. 

Approved  June  9,  1954. 


608  Acts,  1954. —  Chaps.  621,  622,  623. 

Chap. 621  An  Act  authorizing  the  town  of  marion  to  purchase 

CERTAIN   EXISTING   WATER    MAINS    IN   SAID   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Marion  is  hereby  authorized  to 
acquire  by  purchase  one  thousand  five  hundred  and  fifty- 
two  feet  of  existing  water  mains  on  Beach  street  and  Cove 
street  in  Marion,  from  George  B.  Crapo,  and  for  this  pur- 
pose may  appropriate  the  sum  of  four  thousand  thirty-two 
dollars  and  twenty  cents  from  free  cash  in  its  treasury ;  pro- 
vided, that  no  payment  shall  be  made  hereunder  unless  and 
until  said  George  B.  Crapo  shall  have  granted  to  said  town 
permanent  easements  for  the  operation  and  maintenance  of 
the  said  water  mains. 

Section  2.  Any  action  taken  by  a  town  meeting  in  the 
town  of  Marion  in  the  current  year  pursuant  to  authority 
granted  by  this  act  shall  be  as  vahd  and  effective  as  though 
this  act  was  in  full  force  and  effect  at  the  time  of  the  post- 
ing of  the  warrant  for  said  meeting. 

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

Approved  June  10,  1954. 

Chap. 622  An  Act  relative  to  the  qualifications  of  members  of 

THE    NEW    BEDFORD,    WOODS    HOLE,     MARTHA's    VINEYARD 
AND   NANTUCKET   STEAMSHIP   AUTHORITY. 

Be  it  enactedy  etc.,  as  follows: 

Section  14  of  chapter  544  of  the  acts  of  1948  is  hereby 
amended  by  adding  at  the  end  the  following  paragraph :  — 

No  member  of  the  Authority  shall  be  in  the  employ  of,  or 
be  in  any  way,  directly  or  indirectly,  financially  interested  in 
any  person,  partnership,  corporation  or  association  having 
any  business  or  financial  transactions  with  the  Authority, 
or  which  is  furnishing  any  transportation  of  freight  or  pas- 
sengers in  the  area  of  the  Authority,  or  rendering  any  service 
similar  to  that  performed  by  the  Authority. 

Approved  June  10,  1954- 


Chap. 623  An  Act  designating  the   Massachusetts  turnpike   as 

THE    DISABLED   AMERICAN   VETERANS   TURNPIKE. 

Be  it  enacted,  etc.,  as  follows: 

Permissive  SECTION  1.      The   toll   express   highway,    known   as   the 

asEHsabJed        Massachusetts  Turnpike,  to  be  constructed  under  the  pro- 
v^eriM"^  visions  of  chapter  three  hundred  and  fifty-four  of  the  acts  of 

Turnpike.  nineteen  hundred  and  fifty-two,  may,  upon  its  completion, 
be  known  and  designated  as  the  Disabled  American  Vet- 
erans Turnpike,  and  suitable  tablets  or  markers  may  be 
erected  along  the  route  of  such  highway  upon  its  comple- 
tion bearing  the  designation  "Erected  in  Honor  of  the 
Disabled  American  Veterans". 


Acts,  1954. —  Chaps.  624,  625,  626.  609 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  Massachusetts  Turnpike  Authority. 

Approved  June  10,  1954- 

An  Act  increasing  the  fees  of  clerks  of  courts  for  Chaj).Q24: 

THE    entry,    recording    AND    TRANSMITTING    OF    CERTAIN 
PAPERS   TO   THE   SUPREME   JUDICIAL   COURT. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  wliich  is  to  increase  immediately  the  fees  preamble. 
of  clerks  of  courts  for  the  entry,  recording  and  transmitting 
of  certain  papers  to  the  supreme  judicial  court,  therefore  it 
is  hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  4  of  chapter  262  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  the  paragraph  contained  in  Unes  ^^ende^d '  ^  *' 
30  and  31,  as  appearing  in  the  Tercentenary  Edition,  and 
inserting  in  place  thereof  the  following  paragraph :  — 

For  the  entry,  record  and  transmission  of  papers  of  each  Entry  fees, 
question  or  cause  in  the  supreme  judicial  court  for  the  com- 
monwealth, five  dollars.  Approved  June  10,  1954- 

An  Act  relative  to  the  citizenship  status  of  veterans  (Jhnr>  625 
IN  certain  housing  projects.  ^' 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  to  correct  a  certain  inequity  p'''^^™'^*^- 
which  exists  with  respect  to  the  exclusion  of  certain  aliens 
from  occupancy  in  certain  housing  projects,  therefore,  this 
act  is  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  pubUc  health  and  convenience. 

Be  it  enacted,  etc.,  as  folloios: 

Section  26FF  of  chapter  121  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  clause  (d),  as  appearing  in  section  1  f  26FF!Vtc.. 
of  chapter  574  of  the  acts  of  1946,  and  inserting  in  place  amended. 
thereof  the  following  clause ;  —  (d)  It  shall  not  accept  as  a  citizenship 
tenant  in  any  project  any  person  who  is  not  a  citizen  of  the  etc.ffor^''*' 
United  States;    provided,  however,  that  aliens  who  have  occupancy 
served  honorably  in  the  armed  forces  of  the  United  States,  h'ousing'" 
and  who  have  been  honorably  discharged  therefrom,  shall  p'^°J«''^« 
be  admitted  to  occupancy  provided  they  have  made  applica- 
tion for  such  citizenship.  Approved  June  10,  1934. 

An  Act  authorizing  the  metropolitan  district  commis-  (Jfidj)  626 
sign  to  acquire  a  certain  recreation  area  in  the 
east  boston  district  of  the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Upon  the  conveyance  by  the  commonwealth 
to  the  city  of  Boston  of  the  recreation  area  at  or  near  the 
waterfront  extending  from  Wordsworth  street  (extended)  to 


610 


Acts,  1954. —  Chap.  627. 


Thurston  street  in  the  East  Boston  district  of  the  city  of 
Boston  under  the  provisions  of  chapter  four  hundred  and 
thirty-one  of  the  acts  of  nineteen  hundred  and  forty-nine, 
the  metropolitan  district  commission,  on  behalf  of  the 
commonwealth,  shall  forthwith  take  by  eminent  domain 
under  chapter  seventy-nine  of  the  General  Laws,  or  acquire 
by  purchase  or  otherwise,  said  recreation  area  as  a  part  of 
the  system  of  metropolitan  parks  under  the  control  of  said 
commission. 

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

Approved  June  10,  1954- 


Chap. Q27  An  Act  further  defining  the  rights  and  privileges  of 

VETERANS,   AND  EXTENDING  SUCH  RIGHTS  AND   PRIVILEGES 
TO   VETERANS    OF   THE    KOREAN   WAR. 


Emergency 
preamble. 


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


Definitions. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose  which  is  to  provide  forthwith  for  cer- 
tain rights  and  privileges  for  veterans,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  im- 
mediate preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.  Section  7  of  chapter  4  of  the  General  Laws, 
as  most  recently  amended  by  section  2  of  chapter  319  of  the 
acts  of  1953,  is  hereby  further  amended  by  adding  at  the 
end  the  following  clause :  — 

Forty-third,  "Veteran"  shall  mean  any  person,  male  or 
female,  including  a  nurse,  (a)  whose  last  discharge  or  release 
from  his  wartime  service,  as  defined  herein,  was  under  honor- 
able conditions  as  defined  in  defense  department  regulations 
and  who  (b)  served  in  the  army,  navy,  marine  corps,  coast 
guard  or  air  force  of  the  United  States  for  not  less  than 
ninety  days'  active  service,  provided  that  ten  days  thereof 
was  for  wartime  service,  unless  for  wartime  service  of  a  lesser 
period  he  was  awarded  a  service-connected  disability  or  a 
Purple  Heart. 

"Wartime  service"  shall  mean  service  performed  by  a 
"Spanish  War  veteran",  a  "World  War  I  veteran",  a 
"World  War  II  veteran",  a  "Korean  veteran"  or  a  mem- 
ber of  the  "WAAC",  as  defined  in  this  clause  during  any 
of  the  periods  of  time  described  herein  or  for  which  such 
medals  described  below  are  awarded. 

"Spanish  War  veteran"  shall  mean  any  veteran  who  per- 
formed such  wartime  service  between  February  fifteenth, 
eighteen  hundred  and  ninety-eight  and  July  fourth,  nine- 
teen hundred  and  two. 

"World  War  I  veteran"  shall  mean  any  veteran  who 
(a)  performed  such  wartime  service  between  April  sixth, 
nineteen  hundred  and  seventeen  and  November  eleventh, 
nineteen  hundred  and  eighteen,  or  (b)  has  been  awarded  the 
World  War  I  Victory  Medal,  or  (c)  performed  such  service 
between  March  twenty-fifth,  nineteen  hundred  and  seven- 


Acts,  1954. —  Chap.  627.  611 

teen  and  August  fifth,  nineteen  hundred  and  seventeen,  as 
a  Massachusetts  National  Guardsman. 

"World  War  II  veteran"  shall  mean  any  veteran  who 
performed  such  wartime  service  between  September  six- 
teenth, nineteen  hundred  and  forty  and  December  thirty- 
first,  nineteen  hundred  and  forty-six. 

"Korean  veteran"  shall  mean  any  veteran  who  per- 
formed such  wartime  service  between  June  twenty-fifth, 
nineteen  hundred  and  fifty  and  the  termination  of  the 
Korean  emergency  as  declared  by  proper  federal  authority. 

"Korean  emergency"  shall  mean  the  period  between  June 
twenty-fifth,  nineteen  hundred  and  fifty  and  the  end  of  the 
Korean  emergency  as  declared  by  proper  federal  authority. 

"WAAC"  shall  mean  any  woman  who  was  discharged 
and  so  served  in  any  corps  or  unit  of  the  United  States  es- 
tablished for  the  purpose  of  enabhng  women  to  serve  with, 
or  as  auxiliary  to,  the  armed  forces  of  the  United  States 
and  such  woman  shall  be  deemed  to  be  a  veteran. 

None  of  the  following  shall  be  deemed  to  be  a  "veteran": 

(a)  Any  person  who  at  the  time  of  entering  into  the 
armed  forces  of  the  United  States  had  declared  his  intention 
to  become  a  subject  or  citizen  of  the  United  States  and  with- 
drew his  intention  under  the  provisions  of  the  act  of  Con- 
gress approved  July  ninth,  nineteen  hundred  and  eighteen. 

(h)  Any  person  who  was  discharged  from  the  said  armed 
forces  on  his  own  application  or  solicitation  by  reason  of  his 
being  an  enemy  alien. 

(c)  Any  person  who  was  designated  as  a  conscientious 
objector  upon  his  last  discharge  or  release  from  the  armed 
forces  of  the  United  States. 

(d)  Any  person  who  has  been  proved  guilty  of  wilful  de- 
sertion. 

{e)  Any  person  whose  only  service  in  the  armed  forces  of 
the  United  States  consists  of  his  service  as  a  member  of  the 
coast  guard  auxiliary  or  as  a  temporary  member  of  the  coast 
guard  reserve,  or  both. 

(/)  Any  person  whose  last  discharge  or  release  from  the 
armed  forces  is  dishonorable. 

"Armed  forces"  shall  include  army,  navy,  marine  corps, 
air  force  and  coast  guard. 

Section  2.    The  first  paragraph  of  section  12  of  chapter  g.  l.  (Ter. 
31  of  the  General  Laws,  as  appearing  in  section  5  of  chapter  f  12,' etc., 
271  of  the  acts  of  1946,  is  hereby  amended  by  striking  out  amended.' 
the  fifth  sentence  and  inserting  in  place  thereof  the  follow- 
ing sentence :  —  The  director  shall  combine  into  one  list  all  ^'^^j^'fj  ''^*^ 
similar  eligible  lists  for  the  same  position  in  the  order  of  service  ap- 
ratings  established  in  examinations  and  in  accordance  with  po'°*™'^''<^8- 
the  law  relating  to  preference  to  veterans  and  disabled  vet- 
erans. 

Section  3.    Said  chapter  31  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
further  amended  by  striking  out  section  21,  as  most  recently  f  21,' etc'.. 
amended  by  chapter  663  of  the  acts  of  1951,  and  inserting  ''mended. 
in  place  thereof  the  following  section:  —  Section  21.     The 


612 


Acts,  1954. —  Chap.  627. 


"Veteran", 
defined  for 
purposes  of 
civil  service 
preference. 


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

Medal  of 
honor  holder 
exempt  from 
examination. 


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

Preference  for 
veterans 
passing 
civil  service 
examinations. 


word  "veteran"  as  used  in  this  chapter  shall  mean:    any 
citizen  who  — 

(1)  (a)  Is  a  veteran  as  defined  in  clause  Forty-third  of 
section  seven  of  chapter  four,  or  (h)  meets  all  the  requirements 
of  said  clause  Forty-third  except  that  instead  of  performing 
wartime  service  as  so  defined  he  has  been  awarded  one  of  the 
campaign  badges  enumerated  in  this  section,  or  has  been 
awarded  the  congressional  medal  of  honor;  and 

(2)  (a)  Whose  domicil  was  in  Massachusetts  for  not  less 
than  six  months  prior  to  his  entry  into  such  service  in  the 
armed  forces,  or  (6)  who  has  resided  in  the  commonwealth 
for  five  consecutive  years  next  prior  to  the  date  of  claiming 
preference  as  a  veteran  with  the  proper  authority. 

''Campaign  badges"  shall  include  the  following  and  no 
other :  — 

Indian  Campaign,  Mexican  Service,  Mexican  Border  Serv- 
ice, Army  of  Cuban  Occupation,  Army  of  Puerto  Rican 
Occupation,  Nicaraguan  Campaign  nineteen  hundred  and 
twelve,  Haitian  Campaign  nineteen  hundred  and  fifteen,  or 
nineteen  hundred  and  nineteen  and  nineteen  hundred  and 
twenty,  Dominican  Campaign,  Second  Nicaraguan  Cam- 
paign, Yangtze  Service,  Army  of  Occupation  of  Germany, 
China  Service,  Navy  Occupation  Service,  Army  of  Occupa- 
tion, or  Medal  for  Humane  Action. 

"Wartime  service"  as  used  in  this  chapter  shall  mean 
active  service  in  the  armed  forces  of  the  United  States  dur- 
ing any  period  of  time  for  which  such  medal  or  badge  was 
awarded. 

Any  person  eligible  for  a  medal  or  badge  as  defined  in  this 
section  and  who  presents  proof  of  such  eligibility  satisfactory 
to  the  director,  shall  be  deemed  to  have  been  awarded  such 
medal  or  badge. 

Section  4.  Section  22  of  said  chapter  31  of  the  General 
Laws  is  hereby  amended  by  striking  out  the  first  sentence, 
as  amended  by  section  29  of  chapter  238  of  the  acts  of  1939, 
and  inserting  in  place  thereof  the  following  sentence :  —  A 
person  who  has  received  a  medal  of  honor  as  provided  in 
section  twenty-one  may  apply  to  the  director  for  appoint- 
ment or  employment  in  the  classified  civil  service  without 
examination. 

Section  5.  Chapter  31  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  23,  as  most  recently  amended 
by  section  1  of  chapter  642  of  the  acts  of  1949,  and  insert- 
ing in  place  thereof  the  following  section :  —  Section  2S.  The 
names  of  persons  who  pass  examinations  for  appointment  to 
any  position  classified  under  the  civil  service  shall  be  placed 
upon  the  eligible  fists  in  the  following  order :  — 

(1)  Disabled  veterans  as  defined  in  section  twenty- three  A, 
in  the  order  of  their  respective  standing;  (2)  veterans  in  the 
order  of  their  respective  standing;  (3)  persons  described  in 
section  twenty-three  B  in  the  order  of  their  respective  stand- 
ing; (4)  other  applicants  in  the  order  of  their  respective 
standing.    Upon  receipt  of  a  requisition  not  especially  call- 


Acts,  1954.  —  Chap.  627.  613 

ing  for  women,  names  shall  be  certified  from  such  lists  ac- 
cording to  the  method  of  certification  prescribed  by  the 
civil  service  rules  applying  to  civihans.  A  disabled  veteran 
shall  be  appointed  and  employed  in  preference  to  all  other 
persons,  including  veterans. 

Section  6.    Said  chapter  31  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  23  the  two  following  sec-  new '§§^23a. 
tions:  —  Section  23 A.    "Disabled  veteran",  as  used  in  this  23b, added." 
chapter,    shall    mean   any   veteran,   as   defined    in    section  '^f^^^^f^^f-^ 
twenty-one,  who  has  a  continuing  disability  at  the  time  of  defined  tor 
appUcation  for  appointment  and  who  presents  a  certificate  cwf servicL 
of  any  physician,  approved  by  the  director,  that  his  dis-  employment, 
abihty  is  not  such  as  to  prevent  the  efficient  performance 
of  the  duties  of  the  position  to  which  he  is  eligible;  and  who 

(1)  shall  present  proof  satisfactory  to  the  director  that  such 
disabihty  is  a  service-incurred  disabihty  of  not  less  than  ten 
per  cent  based  on  wartime  service  for  which  he  is  receiving 
compensation  from  the  veterans'  administration;    or  who 

(2)  has  been  retired  by  the  armed  forces  for  such  permanent 
physical  disability,  incurred  by  wartime  service  and  whose 
disabihty  retirement  rating  is  not  less  than  thirty  per  cent 
at  the  time  of  application  for  appointment;  or  who  (3)  shall 
present  a  certificate  from  a  physician,  approved  by  the 
director,  that  he  is  substantially  handicapped  for  industrial 
life  through  such  disability,  and  shall  present  proof  satis- 
factory to  the  director  that  such  disability  was  received  in 
line  of  duty  in  the  armed  forces  of  the  United  States  during 
wartime  service. 

Section  23B.     The  widow  or  widowed  mother  of  a  vet-  Preference  to 
eran  who  was  killed  in  action  or  died  from  service-connected  ^idCwed"'^ 
disability  incurred  in  wartime  service,  upon  presenting  proof  ^^^^"^  °' 
from  official  sources,  of  such  facts,  satisfactory  to  the  di-  granted.' 
rector,  and  that  she  has  not  remarried,  shall  be  entitled  to 
the  preference  for  appointment  to  positions  classified  under 
the  civil  service  laws  provided  under  section  twenty-three. 

Section  7.    Section  1  of  chapter  32  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  the  paragraph  defining  fl.^et^c^,' 
"Veteran",  as  most  recently  amended  by  section  1  of  chap-  aw^ideJ- 
ter  526  of  the  acts  of  1951,  and  inserting  in  place  thereof  the 
following  paragraph :  — 

"Veteran",  any  person  who  (a)  is  a  veteran  as  defined  "Veteran". 
in  clause  Forty-third  of  section  seven  of  chapter  four;   or  purposes°of 
(6)  meets  all  the  requirements  of  said  clause  Forty-third  ex-  state  retire- 
cept  that  instead  of  performing  wartime  service  as  so  defined 
he  has  been  awarded  one  of  the  campaign  badges  enumerated 
in  section  twenty-one  of  chapter  thirty-one. 

Section  8.    Subdivision  (1)  of  section  4  of  chapter  32  of  %^\^^^- 
the  General  Laws  is  hereby  amended  by  striking  out  para-  §  4^  etc.," 
graph  (/i),  as  appearing  in  section  1  of  chapter  658  of  the  '*™®°'^^'^- 
acts  of  1945,  and  inserting  in  place  thereof  the  following 
paragraph :  — 

(Ji)  The  period  or  periods  during  which  any  member  who  creditable 
is  a  veteran  as  defined  in  section  one  was  on  leave  of  absence  tetlran^"'^ 


614 


Acts,  1954. —  Chap.  627. 


while  serving 
with  armed 
forces. 


G.  L.  (Ter. 
Ed.),  32, 
§§  49,  50.  51. 
stricken  out. 

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


G.  L.  (Ter. 
Ed.),  32, 
§  .53.  etc., 
amendeii. 


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


G.  L.  (Ter 
Ed.),  ,32, 
§  5SA,  etc., 
amended. 

Certain 
military 
service  to 
be  deemed 
creditable 
service. 


from  the  governmental  unit  to  which  the  system  of  which 
he  is  a  member  pertains,  for  the  purpose  of  serving  in  such  cam- 
paign and  until  he  was  discharged  or  released  from  such  service 
in  the  armed  forces,  shall  be  allowed  as  creditable  service. 

Any  such  period  of  leave  of  absence  which  is  subsequent 
to  his  becoming  a  member  of  such  system  shall  be  counted 
as  membership  service,  and  any  such  period  prior  thereto 
shall  be  counted  as  prior  service;  provided,  that  he  would 
have  been  entitled  to  such  credit  in  the  event  he  had  con- 
tinued in  the  active  service  of  such  governmental  unit  dur- 
ing the  period  of  time  covered  by  such  leave  of  absence. 

Any  member  who  served  in  the  armed  forces  between  Janu- 
ary first,  nineteen  hundred  and  forty  and  July  first,  nineteen 
hundred  and  fifty-five,  shall  have  such  actual  service  credited 
to  him  as  creditable  service  when  reinstated  or  re-employed 
in  his  former  position  or  in  a  similar  position  within  two 
years  of  his  discharge  or  release  from  such  service.  The 
provisions  of  sections  nine  and  nine  A  of  chapter  seven  hun- 
dred and  eight  of  the  acts  of  nineteen  hundred  and  forty- 
one,  as  amended,  and  as  may  be  further  amended,  shall  be 
applicable  to  any  such  veteran  referred  to  therein. 

Section  9.  Said  chapter  32  of  the  General  Laws  is  hereby 
amended  by  striking  out  sections  49,  50  and  51,  and  the 
caption  preceding  said  section  49. 

Section  10.  Section  52  of  said  chapter  32  of  the  General 
Laws,  as  amended  by  section  1  of  chapter  114  of  the  acts  of 
1932,  is  hereby  further  amended  by  striking  out,  in  line  2, 
the  words  "of  the  civil  war  or". 

Section  11.  Section  53  of  chapter  32  of  the  General 
Laws,  as  amended  by  section  2  of  chapter  114  of  the  acts 
of  1932,  is  hereby  further  amended  by  striking  out,  in  lines 
1  and  2,  the  words  "of  the  civil  war  or". 

Section  12.  Section  57  of  chapter  32  of  the  General 
Laws,  as  most  recently  amended  by  section  2  of  chapter  668 
of  the  acts  of  1950,  is  hereby  amended  by  inserting  after 
the  word  "veteran",  in  line  1,  the  words:  — ,  including  an 
army  nurse,. 

Section  13.  Chapter  32  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  58A,  inserted  by  chapter 
671  of  the  acts  of  1945,  and  inserting  in  place  thereof  the 
following  section :  —  Section  58 A .  A  veteran  ehgible  to  re- 
tirement under  section  fifty-six,  fifty-seven  or  fifty-eight,  who 
was  employed  in  the  service  of  the  commonwealth,  or  any 
county,  city,  town  or  district  thereof,  prior  to  his  entry  into 
wartime  service  as  defined  in  section  twenty-one  of  chapter 
thirty-one,  and  upon  whose  discharge  or  release  therefrom 
was  reinstated  or  re-employed  within  two  years  in  his  former 
position  or  a  similar  position,  shall  have  credited  to  him  as 
creditable  service  the  period  of  his  wartime  service  until  the 
date  of  his  discharge  or  release  from  such  service,  which  shall 
include  credit  for  any  actual  service  in  the  armed  forces  be- 
tween January  first,  nineteen  hundred  and  forty  and^July 
first,  nineteen  hundred  and  fifty-five. 


Acts,  1954. —  Chap.  627.  615 

Section  14.    Chapter  32  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  60,  as  most  recently  amended  f  eo,'  et"c'., 
by  chapter  678  of  the  acts  of  1945,  and  inserting  in  place  amended.' 
thereof  the  following  section :  —  Section  60.    Sections  fifty-  Acceptance 
six  to  fifty-nine,  inclusive,  shall  be  in  effect  in  any  county,  secUons'of 
city,  town  or  district  which  accepted  them  or  accepted  cor-  [^®  retirement 
responding  provisions  of  law  prior  to  January  first,  nineteen 
hundred  and  forty-six,  by  the  retiring  authority.    No  vet- 
eran whose  employment  first  began  after  June  thirtieth, 
nineteen  hundred  and  thirty-nine,  shall  be  subject  to  the 
provisions  of  sections  fifty-six  to  fifty-nine,  inclusive. 

Any  person  whose  emplo>Tnent  first  began  prior  to  Janu- 
ary first,  nineteen  hundred  and  forty-six,  but  who  left  the 
service  of  the  commonwealth  or  of  any  of  its  political  sub- 
divisions for  more  than  two  consecutive  years,  shall  not,  on 
account  of  such  service  prior  to  said  two-year  period,  be  sub- 
ject to  the  provisions  of  sections  fifty-six  to  fifty-nine,  in- 
clusive. 

Section  15.    Section  sixty  A  of  chapter  thirty-two  of  the  g.  l.  (Ter. 
General  Laws,  as  most  recently  amended  by  section  3  of  f  eoAf  etc 
chapter  483  of  the  acts  of  1945,  is  hereby  repealed.  repealed. 

Section  16.    Clause  (12)  of  section  5  of  chapter  40  of  the  g.  l.  (Ter. 
General  Laws  is  hereby  amended  by  inserting  after  the  f l.^etlP' 
words  "World  War  II",  in  line  7,  as  appearing  in  section  2  amended. 
of  chapter  27  of  the  acts  of  1950,  the  words:  —  or  during  the 
Korean  emergency. 

Section  17.     Section  105  of  chapter  41  of  the  General  S^^•(Te^. 
Laws,  as  most  recently  amended  by  section  2  of  chapter  132  §  ioh^eic, 
of  the  acts  of  1936,  is  hereby  further  amended  by  adding  at  ^"^^^ded. 
the  end  the  following  sentence: — "War"  as  used  in  this 
section  shall  include  the  Korean  emergency. 

Section  18.     Chapter  41  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  112,  as  appearing  in  the  ftiV^' 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  fol-  amended. 
lowing  section:  —  Section  112.     In  towns  in  which  the  pro-  Employment 
visions  of  chapter  thirty-one  and  the  rules  governing  the  fniTbor^^ 
civil  service  have  not  been  applied  to  the  labor  service,  the  service. 
selectmen  and  the  city  councils  shall  take  any  necessary  ac- 
tion to  secure  the  employment  of  veterans,  as  defined  in 
clause  Forty-third  of  section  seven  of  chapter  four,  in  the 
labor  service  of  their  respective  cities  and  towns  in  preference 
to  all  other  persons. 

Section  19.    Section  1  of  chapter  51  of  the  General  Laws,  g.  l.  (Ter. 
as  most  recently  amended  by  section  10  of  chapter  453  of  f l^^tc^' 
the  acts  of  1943,  is  hereby  further  amended  by  striking  out,  'I'oended. 
in  lines  20  to  23,  the  words  "and  no  person  who,  having  Qualifications 
served  in  the  army  or  navy  of  the  United  States  in  time  of  regu'iated. 
war,  has  been  honorably  discharged  from  such  service,"  and 
inserting  in  place  thereof  the  following :  —  and  no  veteran. 

Section  20.  Chapter  69  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  7A,  inserted  by  section  1  fri",  eti. 
of  chapter  439  of  the  acts  of  1946,  and  inserting  in  place  amended.' 
thereof  the  following  section:  —  Section  7 A.    In  addition  to 


616 


Acts,  1954. —  Chap.  627. 


University 
extension 
courses  offered 
free  to  vet- 
erans, etc. 


G.  L.  (Ter. 
Ed.),  69. 
§  7B,  etc., 
amended. 


Contribution 
by  coromon- 
wealth  toward 
expenses  of 
education  for 
children  of 
certain 
veterans, 
authorized. 


G.  L.  (Ter. 
Ed.),  101, 
§  24,  etc., 

amended. 

Special  state 
or  county 
licenses  to 
certain  dis- 
abled veterans. 


G.  L.  (Ter. 
Ed.),  46, 
§  1,  etc., 
amended. 


Contents  of 
death  record 
certificates. 


the  persons  entitled  to  take  university  extension  courses  free 
of  charge  under  section  seven,  the  following  persons  shall  be 
entitled  to  take  such  courses  free  of  charge  for  a  total  period 
of  not  more  than  four  years :  — 

Residents  of  the  commonwealth  while  serving  in  the  armed 
forces  of  the  United  States  and  stationed  in  the  common- 
wealth. 

World  War  II  and  Korean  veterans,  as  defined  in  clause 
Forty-third  of  section  seven  of  chapter  four,  who  are  resi- 
dents of  the  commonwealth. 

The  commonwealth  may  accept  and  use  such  federal  funds 
as  may  be  available  for  the  purposes  of  this  section. 

Section  21.  Section  7B  of  chapter  69  of  the  General 
Laws,  as  most  recently  amended  by  chapter  497  of  the  acts 
of  1952,  is  hereby  further  amended  by  striking  out  the  first 
paragraph  and  inserting  in  place  thereof  the  following  para- 
graph :  —  The  commonwealth,  acting  through  the  depart- 
ment, may  contribute  toward  the  expenses  of  the  higher  ed- 
ucation of  any  child,  resident  in  the  commonwealth,  who 
has  matriculated  between  the  ages  of  sixteen  and  twenty- 
four,  inclusive,  whose  father  or  mother  was  a  World  War  I 
or  II  or  Korean  veteran  as  defined  in  clause  Forty-third  of 
section  seven  of  chapter  four,  and  whose  wartime  service 
was  credited  to  Massachusetts,  and  who  was  killed  in  action 
or  died  from  other  cause  as  a  result  of  such  service;  pro- 
vided, that  claim  for  reimbursement  is  filed  within  two 
years  after  such  matriculation. 

Section  22.  Chapter  101  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  24,  as  amended  by  chap- 
ter 395  of  the  acts  of  1951,  and  inserting  in  place  thereof  the 
following  section :  —  Section  24-  The  director  may  grant 
without  fee,  on  proof  of  identity,  a  special  state  or  county 
hcense  to  act  as  hawker  or  peddler,  subject  otherwise  to  this 
chapter,  to  a  World  War  I  or  II  or  Korean  veteran,  as  de- 
fined in  clause  Forty-third  of  section  seven  of  chapter  four, 
who  is  disabled  as  defined  in  clauses  (1)  and  (2)  of  section 
twenty-three  A  of  chapter  thirty-two;  and  to  any  blind  per- 
son resident  in  the  commonwealth  and  approved  by  the 
director  of  the  division  of  the  blind;  provided,  that  no  li- 
cense under  this  section  shall  authorize  the  holder  thereof 
to  act  as  hawker  or  peddler  on  any  pubhc  street  or  sidewalk 
in  any  city  or  town  unless  and  until  he  shall  have  received 
written  authority  so  to  do  from  the  chief  of  pohce  or  other 
official  having  charge  of  the  police  therein. 

Section  23.  Section  1  of  chapter  4G  of  the  General  Laws 
is  hereby  amended  by  striking  out  the  fourth  paragraph,  as 
appearing  in  chapter  51  of  the  acts  of  1941,  and  inserting  in 
place  thereof  the  following  paragraph :  — 

In  the  record  of  deaths,  date  of  record,  date  of  death, 
name  of  deceased,  sex,  color,  condition  (whether  single, 
widowed,  married  or  divorced),  supposed  age,  residence, 
occupation,  place  of  death,  place  of  birth,  names  and  places 
of  birth  of  the  parents,  maiden  name  of  the  mother,  disease 


Acts,  1954. —  Chap.  627.  617 

or  cause  of  death,  defined  so  that  it  can  be  classified  under 
the  international  classification  of  causes  of  death,  place  of 
burial,  name  of  the  cemetery,  if  any,  and  if  deceased  was  a 
veteran,  as  defined  in  section  ten  of  chapter  forty-six,  a  re- 
cital as  required  by  section  ten,  and  if  deceased  was  a  mar- 
ried or  divorced  woman  or  a  widow,  her  maiden  name  and 
the  name  of  her  husband.  The  word  "residence",  as  used 
in  this  section,  shall  be  held  to  include  the  name  of  the  street 
and  number,  if  any,  of  the  house. 

Section  24.     Said  chapter  46  of  the  General  Laws  is  g.  l.  (Xer. 
hereby  amended  by  striking  out  section  10,  as  appearing  in  fmended.^  ^°' 
the  Tercentenary  Edition,  and  inserting  in  place  thereof  the 
following  section:  —  Section  10.    A  physician  or  officer  fur-  Physician  or 
nishing  a  certificate  of  death  as  required  by  section  nine  or  c^gps  o°f  ^*^^*^ 
by  section  forty-five  of  chapter  one  hundred  and  fourteen,  ^"^ath  of  cer- 
shall,  if  the  deceased,  to  the  best  of  his  knowledge  and  belief, 
was  a  Spanish  War,  World  War  I  or  II  or  Korean  veteran,  as 
defined  in  clause  Forty-third  of  section  seven  of  chapter  four, 
or  served  in  the  Mexican  border  service  of  nineteen  hundred 
and  sixteen  and  nineteen  hundred  and  seventeen,  insert  in 
the  certificate  a  recital  to  that  effect,  and  shall  also  certify 
in  such  certificate  both  the  primary  and  the  secondary  or 
immediate  cause  of  death  as  nearly  as  he  can  state  the  same. 
For  neglect  to  comply  with  any  provision  of  this  section,  such 
physician  or  officer  shall  forfeit  ten  dollars. 

Section  25.    Chapter  1 13  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  2,  as  so  appearing,  and  in-  f^mendid.'  ^  ^' 
serting  in  place  thereof  the  following  section:  —  Section  2.  Disposition  of 
Such  permission  shall  not  be  given  to  take  the  body  of  any  certain  bodies, 
veteran  as  defined  in  section  ten  of  chapter  forty-six,  or  the  ^''^ 
body  of  any  stranger  or  traveler  who  died  suddenly,  or  the 
body  of  a  person  who,  during  his  last  sickness,  of  his  own 
accord  requested  that  his  body  be  buried  or  delivered  to  a 
friend,  but  such  body  shall,  in  conformity  with  such  request, 
if  any,  be  buried,  or  delivered  to  such  friend. 

Section  26.    Section  45  of  said  chapter  114  of  the  Gen-  g.  l.  (Ter. 
eral  Laws,  as  so  appearing,  is  hereby  amended  by  striking  f45;ameAded. 
out,  in  fines  32  and  33,  the  words  "served  in  the  army,  navy 
or  marine  corps  of  the  United  States  in  any  war  in  which  it 
has  been  engaged"  and  inserting  in  place  thereof  the  follow- 
ing: — was  a  veteran. 

Section  27.  Section  46  of  said  chapter  114  of  the  Gen-  g.  l.  (Ter. 
eral  Laws,  as  so  appearing,  is  hereby  amended  by  striking  f46;ameAded. 
out,  in  lines  17,  18  and  19,  the  words  "served  in  the  army, 
navy  or  marine  corps  of  the  United  States  in  any  war  in 
which  it  has  been  engaged,  a  recital  to  that  effect,  specifying 
the  war"  and  inserting  in  place  thereof  the  following:  — 
was  a  veteran,  a  recital  as  required  by  section  ten  of  chapter 
forty-six. 

Section  28.    Section  47  of  said  chapter  114  of  the  Gen-  g.  l.  (Ter. 
eral  Laws,  as  so  appearing,  is  hereby  amended  by  striking  §^47 'amended 
out,  in  line  14,  the  words  "in  any  war  in  which  the  United 
States  has  been  engaged  "  and  inserting  in  place  thereof  the 


618 


Acts,  1954. —  Chap.  627. 


G.  L.  (Ter. 
Ed.),  141, 
§  2A,  etc., 
amended. 

Examination 

credits  for 

certain 

veterans 

applying  for 

electricians' 

licenses. 


G.  L.  (Ter. 
Ed.),  142, 
§  4,  etc., 
amended. 


Examination 

credits  for 

certain 

veterans 

applying  for 

plumbers' 

licenses. 


G.  L.  (Ter. 
Ed.),  142, 
§  11,  etc., 
amended. 


Wartime 
service 
deemed  part 
of  practical 
experience 
in  certain 
cases. 


words :  —  as  a  veteran  as  defined  in  section  ten  of  chapter 
forty-six. 

Section  29.  Chapter  141  of  the  General  Laws  is  hereby- 
amended  by  striking  out  section  2A,  as  inserted  by  section  2 
of  chapter  480  of  the  acts  of  1946,  and  inserting  in  place 
thereof  the  following  section :  —  Section  2 A .  In  the  con- 
duct of  the  examinations  they  shall  make  uniform  require- 
ments for  all  towns,  wliich  may  be  revised  from  time  to  time, 
as  circumstances  require.  They  shall  grant  a  credit  of  five 
per  cent  to  the  examination  standing  of  each  applicant  who 
is  a  veteran,  as  defined  in  clause  Forty-third  of  section  seven 
of  chapter  four;  provided,  that  such  appHcants  make  appli- 
cation within  one  year  of  their  discharge  or  release  as  afore- 
said, or  within  one  year  of  the  effective  date  of  this  section, 
whichever  is  the  latest.  Said  examinations  shall  be  suffi- 
ciently frequent  to  give  ample  opportunity  for  all  applicants 
to  be  thoroughly  and  carefully  examined,  may  be  written  or 
in  practical  work,  and  may  be  supervised  by  one  or  more  of 
the  examiners,  but  no  license  shall  be  granted  without  the 
sanction  of  the  examiners. 

Section  30.  Section  4  of  chapter  142  of  the  General 
Laws  is  hereby  amended  by  striking  out  the  last  paragraph, 
inserted  by  chapter  502  of  the  acts  of  1946,  and  inserting 
in  place  thereof  the  following  paragraph :  — 

They  shall  grant  a  credit  of  five  per  cent  to  the  examina- 
tion standing  of  each  apphcant  who  is  a  veteran,  as  defined 
in  clause  Forty-third  of  section  seven  of  chapter  four;  pro- 
vided, that  such  applicants  make  application  within  one 
year  of  their  discharge  or  release  as  aforesaid  or  within  one 
year  of  the  effective  date  of  this  paragraph,  whichever  date 
is  the  latest. 

Section  31.  Said  chapter  142  of  the  General  Laws  is 
hereby  amended  by  striking  out  section  11,  as  most  recently 
amended  by  section  11  of  chapter  703  of  the  acts  of  1945,  and 
inserting  in  place  thereof  the  following  section:  —  Section  11. 
The  said  inspector  of  buildings,  if  any,  otherwise  the  board 
of  health,  of  each  city  and  town,  shall,  within  three  months 
after  it  becomes  subject  to  sections  one  to  sixteen,  inclusive, 
appoint  from  the  classified  civil  service  fist  one  or  more  in- 
spectors of  plumbing,  who  shall  be  practical  plumbers  and 
shall  have  had  practical  experience  either  as  master  plumbers 
or  journeymen,  continuously,  during  five  years  next  preced- 
ing their  appointment;  provided,  that  any  time  spent  in 
wartime  service  as  defined  in  clause  Forty-third  of  section 
seven  of  chapter  four  shall  be  deemed  a  part  of  the  continu- 
ous practical  experience  so  required.  Such  inspector  of 
buildings  or  board  may  remove  them  subject  to  chapter 
thirty-one,  and  .shall,  subject  to  approval  of  the  city  council 
or  selectmen,  fix  their  compensation,  which  shall  be  paid  by 
the  city  or  town.  Said  inspectors  of  plumbing  shall  inspect 
all  plumbing  in  process  of  construction,  alteration  or  repair 
for  which  permits  are  granted  within  their  respective  cities 
and  towns,  and  shall  report  to  their  appointing  power  or 


Acts,  1954.  —  Chap.  627.  619 

board  violations  of  any  law,  ordinance,  by-law,  rule  or  regu- 
lation relative  to  plumbing;  they  shall  perform  such  other 
appropriate  duties  as  may  be  required.  The  approval  of 
plumbing  bj''  any  inspectors  other  than  those  provided  for 
by  this  chapter  shall  not  be  a  compliance  therewith. 

Section  32.     Section  26  of  chapter  149  of  the  General  g-,^{j9^"- 
Laws,  as  most  recently  amended  by  chapter  334  of  the  acts  iVe.'eto.' 
of  1947,  is  hereby  further  amended  by  striking  out  the  first  '''°''"^®^- 
sentence  and  inserting  in  place  thereof  the  following  sen- 
tence :  • —  In  the  employment  of  mechanics,  teamsters,  chauf-  Certain  vet- 
feurs  and  laborers  in  the  construction  of  pubhc  works  by  the  pre"erence'^hi 
commonwealth,  or  by  a  county,  town  or  district,  or  by  per-  f™^onst?uc-* 
sons  contracting  or  subcontracting  for  such  works,  prefer-  tion  of  public 
ence  shall  first  be  given  to  citizens  of  the  commonwealth  who 
have  been  residents  of  the  commonwealth  for  at  least  six 
months  at  the  commencement  of  their  employment  who  are 
male  veterans  as  defined  in  clause  Forty-third  of  section 
seven  of  chapter  four,  and  who  are  quaHfied  to  perform  the 
work  to  which  the  employment  relates;    and  secondly,  to 
citizens  of  the  conmionwealth  generally  who  have  been  resi- 
dents of  the  commonwealth  for  at  least  six  months  at  the 
commencement  of  their  employment,  and  if  they  cannot  be 
obtained  in  sufficient  numbers,  then  to  citizens  of  the  United 
States,  and  every  contract  for  such  work  shall  contain  a  pro- 
vision to  this  effect. 

Section  33.    Chapter  175  of  the  General  Laws  is  hereby  g-  l.  (Ter. 
amended  by  striking  out  section   167A,   as  most  recently  §i'67A,  etc., 
amended  by  chapter  368  of  the  acts  of  1945,  and  inserting  amended. 
in  place  thereof  the  following  section:  —  Section  167 A.    No  veterans 
fee  for  an  insurance  broker's  license  issued  under  section  one  payment^of" 
hundred  and  sixty-six,  one  hundred  and  sixty-seven,  or  one  insurance 
hundred  and  seventy-three  shall  be  required  of  or  on  account  licensrfees. 
of  any  veteran  resident  in  this  commonwealth,  or  of  or  on 
account  of  any  bfind  person,  if  he  presents  to  the  commis- 
sioner satisfactory  evidence  of  his  identity;   or  of  or  on  ac- 
count of  his  widow  if  he  held  such  a  ficense  immediately 
prior  to  his  death. 

Section  34.    Chapter  262  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended   by  striking  out  section  46A,   as  most  recently  f leXf  etc.. 
amended  by  chapter  218  of  the  acts  of  1945,  and  inserting  amended. 
in  place  thereof  the  following  section:  —  Section  46 A.    No  veterans 
fee  for  a  copy  of  any  record  relating  to  the  birth,  death,  paym^nt'o™ 
marriage,  divorce,  adoption  or  change  of  name  of  any  vet-  o'j'^cer°tain°^'^^ 
eran,  as  defined  in  clause  Forty-third  of  section  seven  of  records, 
chapter  four,  or  relating  to  any  person  a  copy  of  whose  Uke 
record  is  necessary  to  assist  in  proving  a  claim  against  the 
United  States  or  the  commonwealth  by  the  veteran  or  by 
his  or  her  spouse,  widow,  widower,  children,  dependents  or 
legal  representatives,  shall  be  demanded  or  received  by  any 
officer  of  the  commonwealth,  or  of  any  county,  city  or  town 
thereof,  who  has  charge  of  such  records,  from  the  veteran  or 
from  his  or  her  spouse,  widow,  widower,  children,  dependents 
or  legal  representatives;  provided,  that  such  copy  is  for  use 


620 


Acts,  1954. —  Chap.  627. 


G.  L.  (Ter. 
Ed.).  U5. 
§  1.  etc., 
amended. 


Definitions. 


G.  L.  (Ter. 
Ed.),  115, 
new  §  lA, 
added. 

Hospital 
benefits 
extended 
to  certain 
veterans. 


in  relation  to  such  a  claim  against  the  United  States  or  the 
commonwealth. 

Section  35.  Chapter  115  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  1,  as  most  recently  amended 
by  section  1  of  chapter  590  of  the  acts  of  1951,  and  inserting 
in  place  thereof  the  following  section :  —  Section  1 .  The 
following  words,  as  used  in  this  chapter,  unless  the  context 
otherwise  requires,  shall  have  the  following  meaning :  — 

"Commissioner",  commissioner  of  veterans'  services. 

"Dependent",  the  wife,  husband,  widow,  child,  mother 
or  father  of  a  veteran,  as  hereinafter  defined,  including  any 
person  who  stood  in  the  relationship  of  a  parent  to  such 
veteran  for  the  five  years  next  preceding  the  commencement 
of  his  wartime  service;  provided,  that  no  child  of  a  veteran 
who  is  more  than  eighteen  years  of  age  shall  be  deemed  a 
dependent,  unless  such  child  is  attending  school  for  the  pur- 
pose of  completing  a  regulation  high  school  course  or  its 
equivalent,  or  unless  he  is  mentally  or  physically  unable  to 
support  himself,  and  his  disabihty  existed  before  he  attained 
that  age. 

"Veteran",  any  person  who  (a)  is  a  veteran  as  defined  in 
clause  Forty-third  of  section  seven  of  chapter  four;  or  (6) 
meets  all  the  requirements  of  said  clause  Forty-third  except 
that  instead  of  performing  wartime  service  as  so  defined  he 
has  served  on  active  duty  in  the  Mexican  border  service, 
between  June  thirteenth,  nineteen  hundred  and  sixteen,  and 
February  third,  nineteen  hundred  and  seventeen;  or  (c)  has 
been  awarded  the  Civil  War  or  Indian  Campaign  medal. 

"Veterans'  agent",  the  person  appointed  under  section 
three  to  disburse  veterans'  benefits  in  any  city  or  town,  or, 
if  no  such  appointment  has  been  made,  the  mayor  of  the 
city  or  the  selectmen  of  the  town  disbursing  such  benefits; 
in  Boston,  the  veterans  benefits  and  services  commissioner. 

"Veterans'  benefits",  the  benefits  provided  by  this  chap- 
ter. When  used  in  any  statute,  ordinance,  by-law,  rule  or 
regulation,  the  phrases  "state  aid",  "miUtary  aid",  "sol- 
diers' rehef",  "soldiers'  burial",  or  any  words  or  phrases 
connoting  the  same,  shall  mean  veterans'  benefits. 

Section  36.  Said  chapter  115  of  the  General  Laws  is 
hereby  further  amended  by  inserting  after  section  1  the 
following  section:  —  Section  lA.  Any  person  shall  be  en- 
titled to  the  hospital  benefits  available  to  veterans  under 
this  chapter,  who  meets  all  the  requirements  of  clause  Forty- 
third  of  section  seven  of  chapter  four,  except  that  instead  of 
performing  wartime  service  as  therein  defined,  he  has  been 
awarded  any  of  the  following  campaign  badges :  — 

First  Nicaraguan,  Haitian,  Dominican,  Yangtze  River, 
Second  Yangtze  River,  Second  Nicaraguan,  Vera  Cruz, 
Mexican  Service;  provided,  that  in  any  case  the  service  of 
such  person  was  credited  to  Massachusetts,  or  such  person 
has  a  settlement  in  the  commonwealth. 

Such  hospital  benefits  shall  be  granted  subject  to  the  other 
provisions  of  this  chapter. 


Acts,  1954.  —  Chap.  627.  621 

Section  37.     Said  chapter  115  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  6A,  inserted  f  6a'  Ito.', 
by  chapter  660  of  the  acts  of  1949,  and  inserting  in  place  ^imended. 
thereof  the  following  section:  —  Section  6 A.     As  used  in  "Veteran", 
this  section  and  in  sections  six  B  and  six  C,  the  word  "vet-  p^poiI°of 
eran"  means  any  person  who  has  performed  wartime  service  ^^f^l^^' 
as  defined  in  clause  Forty-third  of  section  seven  of  chapter 
four,  who  was  a  resident  of  this  commonwealth  at  the  time 
of  his  entry  into  such  service,  and  whose  last  discharge  or 
release  from  the  armed  forces  of  the  United  States  was  under 
other  than  dishonorable  conditions,  and  who  has  continued 
to  be  a  resident  of  this  commonwealth. 

Section  38.  Section  two  of  chapter  seven  hundred  and 
ninety-seven  of  the  acts  of  nineteen  hundred  and  fifty,  as 
amended  by  section  seven  of  chapter  five  hundred  and  ninety 
of  the  acts  of  nineteen  hundred  and  fifty-one,  and  section 
three  of  said  chapter  seven  hundred  and  ninety-seven,  are 
hereby  repealed. 

Section  39.  Section  one  of  chapter  eleven  of  the  acts 
of  nineteen  hundred  and  forty-two,  as  most  recently  amended 
by  chapter  five  hundred  and  forty-nine  of  the  acts  of  nine- 
teen hundred  and  forty-eight  and  section  ten  of  said  chapter 
eleven  are  hereby  repealed. 

Section  40.  Chapter  four  hundred  and  eight  of  the  acts 
of  nineteen  hundred  and  forty-three  is  hereby  repealed. 

Section  41.      No    person    actually    receiving    veterans'  Effect  on 
benefits  or  hospital  benefits  or  treatment  on  the  effective  fJdpfents 
date  of  this  act  shall  be  deprived  of  such  benefits  because  of  benefits. 
of  the  provisions  of  this  act. 

Section  42.    The  General  Laws  are  hereby  amended  by  g.  l.  (Ter. 
inserting  after  chapter  115  the  following  chapter: —  dfapter^usA. 

added. 

Chapter  115A. 
soldiers'  homes. 

Section  1.    Any  person  who  (a)  is  a  veteran  as  defined  in  out-patient 
clause   Forty-third   of   section   seven   of   chapter  four,    or  admi^fon! 
(6)  meets  all  the  requirements  of  said  clause  Forty-third,  etc.  made 
except  that  instead  of  performing  wartime  service  as  so  de-  fJ/leterans 
fined,  has  performed  not  less  than  ninety  days'  active  serv-  Homls!^" 
ice  in  any  of  the  campaigns  or  expeditions  enumerated  in 
section  two,  shall  be  entitled  to  out-patient  treatment  at, 
admission  to,  and  hospitaUzation  in,  the  Soldiers'  Home  in 
Massachusetts  and  the  Soldiers'  Home  in  Holyoke,  subject 
to  the  provisions  of  section  three. 

Section  2.    Service  referred  to  in  section  one  shall  mean  "Service", 
service  during  any  of  the  following  periods,  both  dates  in-  p^poaes^of 
elusive :  —  (a)  Mexican  Border  Service,  between  June  nine-  receiving 
teenth,  nineteen  hundred  and  sixteen  and  February  third,  ad^missfon,' 
nineteen  hundred  and  seventeen,  provided,  that  such  service  ®**'- 
was  in  the  Massachusetts  National  Guard;    (6)  Cuban  Pa- 
cification Campaign,  between  October  sixth,  nineteen  hun- 
dred and  six  and  April  first,  nineteen  hundred  and  nine; 


622 


Acts,  1954. —  Chap.  627. 


Residential 
requirements. 


Certain  mili- 
tary service 
for  Poland 
to  entitle 
person  to 
above  benefits. 


Power  of 
trustees  of 
Soldiers' 
Homes  to 
regulate 
treatment, 
admission 
and  hospi- 
talization. 


(c)  Nicaraguan  Campaign,  between  August  twenty-eighth, 
nineteen  hundred  and  twelve  and  October  thirtieth,  nine- 
teen hundred  and  twenty-nine;  (d)  Vera  Cruz  Expedition, 
between  April  twenty-first,  nineteen  hundred  and  fourteen 
and  November  twenty-sixth,  nineteen  hundred  and  four- 
teen ;  (e)  Dominican  Campaigns,  between  May  fourth,  nine- 
teen hundred  and  sixteen  and  September  seventeenth,  nine- 
teen hundred  and  twenty-four;  (/)  Haitian  Campaign,  be- 
tween July  ninth,  nineteen  hundred  and  fourteen  and  Octo- 
ber thirtieth,  nineteen  hundred  and  twenty-nine;  (g)  China 
Expeditionary  Service,  between  October  thirtieth,  nineteen 
hundred  and  twenty-nine  and  June  thirtieth,  nineteen  hun- 
dred and  thirty;  provided,  in  any  case,  that  proof  of  service 
in  the  campaign  or  expedition  mentioned  is  made. 

Section  3.  No  person  shall  be  entitled  to  the  treatment, 
admission  or  hospitalization  referred  to  in  sections  one  and 
two,  unless  at  the  time  of  his  appUcation  for  such  treatment, 
admission  or  hospitaUzation  he  has  a  settlement  in  a  city  or 
town  within  the  commonwealth,  or,  in  the  event  that  he  has 
no  such  settlement,  has  actually  resided  within  the  common- 
wealth continuously  for  five  years  next  preceding  the  date 
of  such  appUcation.  The  burden  of  proof  of  such  settlement 
or  residence  shall  be  the  responsibiUty  of  the  veteran. 

Section  J^.  Any  person  who  was  recruited  in  the  United 
States  and  who  served  in  the  military  service  of  Poland 
while  said  country  was  allied  with  the  United  States  in 
World  War  I,  between  October  seventh,  nineteen  hundred 
and  seventeen,  and  January  thirty-first,  nineteen  hundred 
and  nineteen,  both  dates  inclusive,  shall  be  entitled  to  out- 
patient treatment  at,  admission  to,  and  hospitalization  in 
the  Soldiers'  Home  in  Massachusetts  and  the  Soldiers'  Home 
in  Holyoke;  provided,  that  he  produces  information  in  con- 
formity with  the  rules  and  regulations  of  said  Homes,  that 
he  has  been  honorably  discharged  from  said  service,  and  is 
a  citizen  of  the  commonwealth  and  has  a  legal  settlement  in 
a  city  or  town  therein,  or  if  not  such  a  citizen  is  a  citizen  of 
the  United  States  and  has  such  a  settlement;  but  no  such 
person  shall  be  treated  as  an  out-patient  at,  admitted  to,  or 
hospitahzed  in,  said  Homes  if  the  treatment,  admission  or 
hospitalization  of  any  person  qualified  under  the  provisions 
of  section  one  would  thereby  be  postponed  or  denied. 

Section  5.  Nothing  in  this  chapter  shall  be  construed  to 
prevent  the  trustees  of  the  Soldiers'  Home  in  Massachusetts 
and  the  trustees  of  the  Soldiers'  Home  in  Holyoke  from 
adopting,  issuing  and  promulgating  reasonable  rules  and 
regulations  governing  out-patient  treatment  at,  admission 
to,  and  hospitalization  in,  said  Homes;  providing  for  such 
treatment,  admission  and  hospitalization  for  any  person 
quaUfied  under  section  one  otherwise  than  by  settlement  or 
residence  if  such  person  had  at  some  time  prior  to  his  applica- 
tion for  such  treatment,  admission  or  hospitalization,  quali- 
fied as  to  a  previous  settlement  within  this  commonwealth 
under  clause  Fifth  of  section  one  of  chapter  one  hundred 


Acts,  1954.  — Chap.  627.  623 

and  sixteen;  providing  for  emergency  treatment  for  any 
person  in  need  of  such  treatment  by  reason  of  accident  or 
sudden  illness,  until  such  person  can  be  transferred  to  some 
other  institution  or  place;  providing  for  proper  disciplinary 
action,  including  discharge  from  said  Homes,  of  any  person 
whose  conduct  therein  or  while  a  member  thereof  is  deemed 
to  be  inimical  to  the  welfare  of  other  members;  providing 
for  the  exclusion  from  the  respective  Homes,  either  tem- 
porarily or  permanently,  of  any  person  who  has  received  a 
discipUnary  discharge  from  either  Home  or  from  any  Vet- 
erans' Administration  facility;  nor  providing  for  the  ex- 
clusion from  out-patient  treatment  at,  admission  to,  or 
hospitalization  in,  said  Homes,  of  any  person  whose  dis- 
ability or  illness  may  be  diagnosed  as  neuropsychiatric, 
neurosurgical  or  tubercular,  or  other  ailment  or  condition 
for  the  treatment  and  care  of  which  proper  facilities  are  not 
available  at  said  Homes. 

Section  43.  Section  1  of  chapter  475  of  the  acts  of  1946 
is  hereby  amended  by  striking  out  the  last  sentence. 

Section  44.  Chapter  seven  hundred  and  forty-nine  of 
the  acts  of  nineteen  hundred  and  fifty,  chapter  seven  hun- 
dred and  eighty  of  the  acts  of  nineteen  hundred  and  fifty- 
one,  and  chapters  four  hundred  and  forty-four  and  six  hun- 
dred and  twenty-eight  of  the  acts  of  nineteen  hundred  and 
fifty-two  are  hereby  repealed. 

Section  45,    Clause  Fifth  of  section  1  of  chapter  116  of  E-j^^^e'"- 
the  General  Laws,  as  appearing  in  section  6  of  chapter  590  §  i',  etc., ' 
of  the  acts  of  1951,  is  hereby  amended  by  striking  out,  in  ^^^^^'^^f'- 
Unes  5  and  6,  the  words  "or  any  war  between  the  United 
States  and  any  foreign  power"  and  inserting  in  place  thereof 
the  following:  —  or  between  February  third,  nineteen  hun- 
dred and  seventeen  and  November  eleventh,  nineteen  hun- 
dred and  eighteen,  or  between  September  sixteenth,  nine- 
teen hundred  and  forty  and  December  thirty-first,  nineteen 
hundred  and  forty-six. 

Section  46.    Said  Clause  Fifth  of  said  section  1  of  chap-  g.  l.  (Ter. 
ter  116  of  the  General  Laws,  as  so  appearing,  is  hereby  fur-  f  i;^;tc!f' 
ther  amended  by  striking  out,  in  line  50,  the  word  "dis-  ^"'"^'^^/g^ 
honorable"   and  inserting  in  place  thereof  the  words:  — 
honorable  or  by  release  or  discharge  under  honorable  con- 
ditions, as  defined  in  defense  department  regulations. 

Section  47.  Chapter  708  of  the  acts  of  1941  is  hereby 
amended  by  striking  out  section  16  and  inserting  in  place 
thereof  the  following  section:  —  Section  16.  Affidavits  and 
commissions  to  take  depositions  of  any  person  serving  in  or 
with  the  armed  forces  of  the  United  States  during  the  period 
this  act  is  in  effect  may  be  executed  before  and  by  any  com- 
missioned officer  in  the  active  service  of  the  armed  forces  of 
the  United  States  with  the  rank  of  second  heutenant  or 
higher  in  the  army,  air  force  or  marine  corps,  or  ensign  or 
higher  in  the  navy  or  United  States  Coast  Guard,  wherever 
such  person  serving  is  located;  and  affidavits  and  deposi- 
tions of  such  persons  so  taken,  if  otherwise  in  accordance 


624 


Acts,  1954. —  Chap.  627. 


Validity  of 
licenses  to 
operate  motor 
vehicles  ex- 
tended for 
holder  serv- 
ing in  armed 
forces. 


with  law,  shall  be  received  and  may  be  used  in  evidence,  or 
for  any  other  purpose,  in  the  same  manner  as  if  taken  before 
a  commissioner  of  the  commonwealth  appointed  to  take 
depositions  in  other  states.  No  such  affidavit  or  commission 
shall  be  rendered  invalid  by  the  failure  to  state  therein  the 
place  of  execution.  No  authentication  of  the  officer's  certifi- 
cate of  acknowledgment  shall  be  required.  Each  such  offi- 
cer shall  specify  in  writing  the  date  and  the  fact  that  the 
person  executing  the  affidavit  or  commission  is  serving  in 
or  with  the  armed  forces  of  the  United  States,  and  such  officer 
shall  add  after  his  signature  his  rank  and  organization. 

Section  48.  Section  seventeen  of  said  chapter  seven 
hundred  and  eight  is  hereby  repealed. 

Section  49.  Said  chapter  708  is  hereby  further  amended 
by  striking  out  section  18  and  inserting  in  place  thereof  the 
following:  —  Section  18.  For  the  purposes  aforesaid,  the 
officers  above  named  shall  have  the  power  and  authority  as 
commissioners,  notaries  pubfic  and  justices  of  the  peace  to 
administer  oaths  and  take  depositions,  affidavits  and  ac- 
knowledgments of  persons  serving  in  or  with  the  armed  forces 
of  the  United  States  in  accordance  with  the  provisions  of 
section  sixteen  of  this  act  and  section  eleven  of  chapter  two 
hundred  and  twenty-two  of  the  General  Laws. 

Section  50.  Chapter  one  hundred  and  sixty  of  the  acts 
of  nineteen  hundred  and  forty-three  is  hereby  repealed. 

Section  51.  Chapter  708  of  the  acts  of  1941  is  hereby 
amended  by  striking  out  section  23,  as  most  recently  amended 
by  section  7  of  chapter  550  of  the  acts  of  1953,  and  inserting 
in  place  thereof  the  following  two  sections :  —  Section  23. 
Any  license,  permit  or  certificate  of  registration  issued  by 
any  department,  division,  board,  commission  or  officer  of 
the  commonwealth  that  expires  while  the  holder  thereof  is 
actively  serving  in  the  armed  forces  of  the  United  States 
may  be  renewed  within  six  months  after  the  termination  by 
such  holder  of  such  service,  to  the  same  extent  as  though 
the  appKcation  for  such  renewal  were  made  upon  the  expira- 
tion of  such  hcense,  permit  or  certificate  of  registration; 
provided,  that  nothing  in  this  section  shall  be  construed  to 
authorize  such  holder  of  a  license,  permit  or  certificate  of 
registration  to  exercise  any  rights  thereunder  after  its  expi- 
ration and  prior  to  its  renewal  as  aforesaid;  and  provided, 
further,  that  no  fee  shall  be  charged  or  collected  for  the  period 
between  such  expiration  and  such  renewal.  This  section  shall 
not  apply  to  licenses  to  operate  motor  veliicles  issued  under 
section  eight  of  chapter  ninety  of  the  General  Laws. 

Section  23 A.  Any  license  to  operate  motor  vehicles  issued 
under  section  eight  of  chapter  ninety  of  the  General  Laws 
which  by  its  terms  has  expired  or  shall  expire  during  the  ac- 
tive service  of  the  holder  thereof  in  the  armed  forces  of  the 
United  States,  shall  continue  in  force  as  a  valid  license  until 
the  expiration  of  sixty  days  after  the  termination  of  such 
service  by  honorable  discharge  or  release  or  until  July  first, 
nineteen  hundred  and  fifty-five,  whichever  first  occurs,  sub- 


Acts,  1954. —  Chap.  627.  625 

ject  to  all  other  provisions  of  said  chapter  ninety  relative  to 
such  Ucense. 

The  holder  of  a  license  continued  in  force  as  aforesaid  shall, 
while  operating  a  motor  vehicle,  carry  upon  his  person  the 
license  issued  to  him  which  was  valid  at  the  time  of  his  entry 
into  the  armed  forces,  or  his  renewal  Ucense  if  it  was  renewed 
during  such  service,  and  shall  also  carry  upon  his  person 
conclusive  evidence  that  he  is  actively  serving  in  said  armed 
forces  or  that  he  has  terminated  such  service  within  a  period 
of  sixty  days. 

If  the  license  of  such  person  is  lost  or  mutilated,  a  duph- 
cate  thereof  shall  be  furnished  by  the  registrar  of  motor  ve- 
hicles without  appUcation  and  upon  presentation  of  the 
evidence  aforesaid. 

This  section  shall  be  inoperative  with  respect  to  any  per-  Exception. 
son  who  is  hospitalized  or  who  has  been  discharged  or  re- 
leased from  the  armed  forces  of  the  United  States  because  of 
a  disabihty,  unless  the  license  of  such  person  is  certified  as 
valid  by  said  registrar. 

Section  52.  Chapter  ninety-four  of  the  General  Acts  of 
nineteen  hundred  and  eighteen,  as  amended  by  chapter  two 
hundred  and  thirty-two  of  the  General  Acts  of  nineteen  hun- 
dred and  nineteen,  is  hereby  repealed. 

Section  53.  Chapters  one  hundred  and  seventy-two  and 
three  hundred  and  seventeen  of  the  General  Acts  of  nineteen 
hundred  and  nineteen  are  hereby  repealed. 

Section  54.  Chapter  one  hundred  and  ninety-five  of  the 
acts  of  nineteen  hundred  and  thirty  is  hereby  repealed. 

Section  55.  Chapter  eight  of  the  resolves  of  nineteen 
hundred  and  thirty-eight  and  chapter  fifteen  of  the  resolves 
of  nineteen  hundred  and  forty-one  are  hereby  repealed. 

Section  56.  Chapter  seven  hundred  and  one  of  the  acts 
of  nineteen  hundred  and  forty-one  is  hereby  repealed. 

Section  57.  Section  five  of  chapter  thirteen  of  the  acts 
of  nineteei.  hundred  and  forty-two,  as  amended  by  chapter 
six  hundred  and  sixty-nine  of  the  acts  of  nineteen  hundred 
and  forty-seven,  is  hereby  repealed. 

Section  58.  Chapter  four  hundred  and  one  of  the  acts 
of  nineteen  hundred  and  forty-three,  chapter  four  hundred 
and  twelve  of  the  acts  of  nineteen  hundred  and  forty-three, 
as  amended  by  section  two  of  chapter  six  hundred  and 
twenty-seven  of  the  acts  of  nineteen  hundred  and  forty-five, 
and  chapter  four  hundred  and  ninety-nine  of  the  acts  of 
nineteen  hundred  and  forty-three  are  hereby  repealed. 

Section  59.  Chapters  one  hundred  and  eighty-two,  two 
hundred  and  fifty-eight,  four  hundred  and  forty-seven,  five 
hundred  and  twenty-five  and  five  hundred  and  eighty-nine 
of  the  acts  of  nineteen  hundred  and  forty-five  are  hereby 
repealed. 

Section  60.  Chapter  three  hundred  and  eighty-eight  of 
the  acts  of  nineteen  hundred  and  forty-three,  as  amended 
by  chapter  one  hundred  and  seventy-eight  of  the  acts  of 
nineteen  hundred  and  forty-six,  and  chapters  four  hundred 


626  Acts,  1954. —Chap.  628. 

and  thirty,  four  hundred  and  fifty-nine,  four  hundred  and 
sixty-nine,  five  hundred  and  seventy-seven,  and  six  hundred 
and  four  of  the  acts  of  nineteen  hundred  and  forty-six,  and 
chapter  two  hundred  and  seventy-two  of  the  acts  of  nine- 
teen hundred  and  forty-six,  as  amended  by  chapter  five 
hundred  and  eleven  of  the  acts  of  nineteen  hundred  and 
forty-seven,  and  chapter  five  hundred  and  ninety-six  of  the 
acts  of  nineteen  hundred  and  forty-six,  as  amended  by  chap- 
ter five  hundred  and  ninety-four  of  the  acts  of  nineteen  hun- 
dred and  forty-seven,  are  hereby  repealed. 

Section  61.  Chapters  three  hundred  and  sixty-eight  and 
three  hundred  and  ninety-five  of  the  acts  of  nineteen  hun- 
dred and  forty-eight  are  hereby  repealed. 

Section  62.  Chapter  eight  hundred  and  three  of  the 
acts  of  nineteen  hundred  and  fifty,  as  amended  by  chapter 
three  hundred  and  thirty-eight  of  the  acts  of  nineteen  hun- 
dred and  fifty-one,  is  hereby  repealed. 

Section  63.  Chapters  three  hundred  and  eighty-eight 
and  four  hundred  and  ninety-two  of  the  acts  of  nineteen 
hundred  and  fifty-one  are  hereby  repealed. 

Section  64.    Chapter  one  hundred  and  sixty-nine  of  the 
acts  of  nineteen  hundred  and  twenty-one  is  hereby  repealed. 
QuaUfying  Section  65.    If  a  person  elected  to  public  office  is  unable 

persons  elected  to  take  and  subscribe  the  oaths  required  to  qualify  him  for 
whiie'in*' °^*'''  such  office  before  an  officer  authorized  otherwise  than  by 
||rvice^during    this  act  to  administer  such  oaths,  by  reason  of  service  in  the 
emergency.       armed  forccs  of  the  United  States  during  the  Korean  emer- 
gency, such  person  may,  except  where  otherwise  required 
by  the  constitution,  take  and  subscribe  such  oaths  before 
a  commissioned  officer  not  below  the  rank  of  colonel  in  the 
army,  marine  corps  or  air  force,  or  the  rank  of  captain  in  the 
navy  or  coast  guard.     Every  person  who  takes  and  sub- 
scribes the  oaths  before  such  a  commissioned  officer  shall 
forthwith  transmit  to  the  state  secretary  a  certificate  thereof 
signed  by  the  commissioned  officer  who  administered  the 
same. 

Section  66.  Chapter  three  hundred  and  sixteen  of  the 
acts  of  nineteen  hundred  and  forty-seven  is  hereby  repealed. 

Section  67.  No  inference  shall  be  drawn  from  the  re- 
peal of  the  acts  and  resolves  contained  in  sections  fifty-three 
to  sixty-seven,  inclusive,  of  this  act  that  such  acts  and  re- 
solves were  in  force  until  so  repealed. 

Approved  June  10,  1954- 

Chap. 628  An  Act  providing  that  certain  real  estate  in  the 
city  of  boston  may  be  used  for  purposes  of  a  con- 
sulate. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  provisions  of  section  twenty-three  of 
chapter  one  hundred  and  eighty-four  of  the  General  Laws, 
or  any  corresponding  provision  of  earfier  laws,  relating  to 
conditions  or  restrictions  by  which  the  title  or  use  of  real 


Acts,  1954. —  Chaps.  629,  630.  627 

property  is  affected,  shall  not  apply  to  the  land  and  build- 
ing located  at  107  Beacon  street,  in  the  city  of  Boston,  and 
said  land  and  building  may  be  used  for  the  usual  purposes 
of  a  consulate. 

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

Appi'oved  June  10,  1954- 


An  Act  relative  to  the  exclusion  of  insurance  pay-  rjidy  g29 

MENTS    FROM    GROSS    INCOME    IN    DETERMINING    THE    RENT  ^' 

TO     BE     CHARGED,     ELIGIBILITY     FOR     ADMISSION     TO     AND 
CONTINUED    OCCUPANCY   IN    HOUSING   PROJECTS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  remove  forthwith  certain 
inequities  which  exist  in  the  manner  in  which  net  income  is 
determined  in  regulating  admission  and  continued  occu- 
pancy and  in  calculating  rents  in  certain  housing  projects, 
therefore,  this  act  is  declared  to  be  an  emergency  law,  neces- 
sary for  the  immediate  preservation  of  the  public  health 
and  convenience. 

Be  it  enacted,  etc.,  as  folloivs: 

The  last  paragraph  of  section  26FF  of  chapter  121  of  g^l.  (jer. 
the  General  Laws,  as  amended  by  chapter  313  of  the  acts  §2(3Ff.  etc. 
of  1951,  is  hereby  further  amended  by  adding  at  the  end  the  ^^^^^d^^- 
following   sentence:  —  In   determining   the   net   income   of  Deternunation 
the  tenant  family  for  the  purpose  of  computing  the  rent  hi  certain 
and   determining   eligibihty   for   admission    and   continued  projectl, 
occupancy,  proceeds  paid  to  such  tenant  family  from  poh-  regulated. 
cies  of  insurance  shall  be  excluded  from  income. 

Approved  June  10,  1954. 


Chap.QSO 


An  Act  further  regulating  the  business  of  theat- 
rical BOOKING  AGENTS,  PERSONAL  AGENTS  AND  MAN- 
AGERS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  provide  for  a  closer  super- 
vision and  regulation  of  the  business  of  booking  entertainers, 
it  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  pubhc  safety  and  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  140  of  the  General  Laws  is  hereby  amended  by  o.  l.  (Ter. 
striking  out  section  180A,  as  amended  by  chapter  256  of  f'^soif  etc., 
the  acts  of  1948,  and  inserting  in  place  thereof  the  following  amended. 
section:  —  Section  180A.     Every   booking  agent,   personal  Business  of 
agent,  or  actor's  manager  shall  obtain  a  license  from  the  ta°inersfe1;c.r" 
department  of  public  safety,  hereinafter  and  in  sections  one  regulated. 
hundred  and  eighty  B  to  one  hundred  and  eighty  D,  in- 
clusive, called  the  licensing  authority,  to  engage  in  the  com- 
monwealth in   the   business   of  booking  actors,   actresses, 


628  Acts,  1954.  —  Chap.  631. 

chorus  girls  or  chorus  boys,  musicians,  entertainers  of  all 
descriptions,  or  any  of  them,  for  vaudeville,  banquets  and 
other  stage  performances,  stage  productions  in  theatres,  in- 
cluding floor  shows,  so  called,  in  restaurants,  clubs,  beer 
gardens,  tents,  arenas,  halls  and  similar  places  of  amuse- 
ment. The  term  of  said  license  shall  be  for  a  period  of  two 
years,  and  the  fee  therefor  shall  be  two  hundred  dollars.  No 
application  for  a  new  license  under  this  section  shall  be 
granted  except  after  publication  of  a  notice  thereof  at  the 
expense  of  the  applicant  in  a  newspaper  having  circulation 
in  the  town  or  city  in  which  the  applicant's  ofhce  is  located, 
ten  days  prior  to  granting  thereof,  and  after  a  hearing  be- 
fore the  licensing  authority. 

Every  person  licensed  under  this  section  shall  maintain 
one  or  more  offices  in  the  commonwealth,  and,  while  actively 
engaged  in  any  or  all  of  the  activities  of  business  hereinbefore 
referred  to  shall  be  required  to  be  so  licensed.  Every  person 
applying  for  a  license  under  this  section  shall  be  of  good  moral 
character  and  be  domiciled  in  the  commonwealth. 

A  hcense  may  be  revoked  or  refused  at  any  time  by  the 
commissioner  for  good  cause  shown;  provided,  that  due 
notice  to  any  applicant  or  Hcensee  shall  have  been  given  to 
appear  before  the  commissioner  to  show  cause  why  the  li- 
cense should  not  be  revoked  or  refused. 

Approved  June  10,  1954- 

Chap.QSl  An  Act  authorizing  the  acquisition  by  the  common- 
wealth OF  certain  land  in  the  town  of  edgartown 

FOR  public  beach  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

ilndior ''*" ''^  Section  1.  After  an  appropriation  therefor  has  been 
public  beaches,  made,  the  commissioner  of  natural  resources  on  behalf  of 
aut  onze>..  ^j^^  commouwcalth  may  take  by  eminent  domain  under 
chapter  seventy-nine  of  the  General  Laws,  or  acquire  by  pur- 
chase or  otherwise,  at  a  total  cost  to  the  commonwealth  of 
not  more  than  thirty-two  thousand  dollars,  certain  land  situ- 
ated in  the  town  of  Edgartown,  bounded  and  described  as 
follows:  —  Northwesterly  by  land  of  the  commonwealth, 
acquired  by  order  of  taking  dated  June  16,  1948,  recorded 
with  Dukes  County  Registry  of  Deeds  in  book  214,  page 
530,  on  June  28,  1948;  northeasterly  by  Nantucket  Sound; 
southeasterly  by  the  Edgartown  Beach  and  the  outlet  of 
Trapps  pond;  and  southwesterly  by  Sengekontacket  pond. 
Containing  approximately  fifty-two  acres,  excluding  there- 
from the  state  highway  running  through  the  described 
premises. 

Section  2.  All  acquisition  of  property  hereunder  bound- 
ing on  Nantucket  Sound  and  Sengekontacket  pond  shall  be 
to  extreme  low  water  hne. 

Section  3.  The  county  commissioners  of  the  county  of 
Dukes  are  hereby  authorized  and  directed  to  manage  and 
maintain  the  property  acquired  hereunder,  and  the  cost  of 


Acts,  1954.  —  Chaps.  632,  633.  629 

said  management  and  maintenance  shall  be  borne  by  said 
county. 

Section  4.  No  rule  or  regulation  made  by  said  county 
commissioners  shall  prohibit  farmers  from  taking  therefrom 
kelp,  commonly  known  as  seaweed,  or  from  operating  ve- 
hicles thereon  for  the  purpose  of  removing  the  seaweed. 

Approved  June  10,  1954- 


Chap.QS2 


An  Act  relative  to  the  hours  of  labor  of  certain 

STATE  and  county  OFFICERS  AND  EMPLOYEES. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.     Chapter  149  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  39,  as  amended  by  section  1  fagfitt^." 
of  chapter  444  of  the  acts  of  1935,  and  inserting  in  place  amended, 
thereof  the  following  section:  —  Section  39.    The  maximum  Hours  of  labor 
hours  of  labor  of  laborers,  workmen  and  mechanics,  of  ward  aLd^pounty*^'^*^ 
attendants,  ward  nurses,  industrial  and  occupational  thera-  ^^uiater' 
pists  and  watchmen,  and  of  employees  in  kitchen,  dining- 
room  and  domestic  services,  in  state  and  county  institutions, 
and  of  officers  and  instructors  of  state  penal  institutions  and 
county  penal  and  reformatory  institutions,  shall  not  exceed 
forty  in  each  week.     The  foregoing  provision  shall  not  be 
construed  as  authorizing  the  employment  of  any  such  officer 
or  employee  whose  work  day  and  week  is  fixed  under  section 
thirty  A  or  any  other  provision  of  law  at  less  than  said  forty 
hours  maximum  to  be  employed  beyond  the  hours  so  fixed 
and  within  said  maximum  without  the  payment  of  overtime. 
This  section  shall  not  prevent  the  superintendent,  warden 
or  executive  officer  from  requiring  the  services  of  any  person 
in  any  emergency  where  the  health  or  safety  of  patients  or 
inmates  would  otherwise  be  endangered,  or  in  any  extraor- 
dinary emergency,  or  in  apprehending  an  escaped  inmate. 

Section  2.    Said  chapter  149  is  hereby  further  amended  Ed^  iIq'^ho 
by  striking  out  section  40.  Approved  June  10,  1954-      stricken  out. 

An  Act  providing  for  adequate  compensation  for  re-  QJidj)  533 

SERVE  AND  CALL  POLICEMEN  AND  FIRE  FIGHTERS  INJURED 
IN   LINE    OF   DUTY. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  32  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  85H,  inserted  by  section  2  of  chapter  ftl^'amende^d?' 
431  of  the  acts  of  1952,  and  inserting  in  place  thereof  the 
following  section :  —  Section  85 H.     The  selectmen  of  every  Retirement  for 
town  may  retire  from  active  service  any  call  fire  fighter  or  rese^ve^and 
reserve,  special  or  intermittent  police  officer  who  becomes  ^^^  poUcemen 
permanently  disabled  mentally  or  physically  by  injuries  sus-  fighters, 
tained  through  no  fault  of  his  own  in  the  actual  performance  ^"*''°"^*''^- 
of  duty  as  such  fire  fighter  or  policeman.     A  person  so  re- 
tired shall  receive  an  annual  pension  equal  to  two  thirds  of 
the  annual  rate  of  compensation  payable  to  a  regular  or 


630  Acts,  1954.  —  Chaps.  634,  635. 

permanent  member  of  the  police  or  fire  force,  as  the  case 
may  be,  thereof  for  the  first  year  of  service  therein,  and  if 
there  are  no  permanent  members  of  such  force  an  annual 
pension  in  the  sum  of  fifteen  hundred  dollars.  Whenever 
a  call  fire  fighter  or  reserve  or  special  or  intermittent  police 
officer  of  a  town,  or  a  reserve  police  officer  or  reserve  or  call 
fire  fighter  of  a  city  is  disabled  because  of  injury  or  inca- 
pacity sustained  in  the  performance  of  his  duty  without 
fault  of  his  own,  and  is  thereby  unable  to  perform  the  usual 
duties  of  his  regular  occupation  at  the  time  such  injury  or 
incapacity  was  incurred,  he  shall  receive  from  the  city  or 
town  for  the  period  of  such  injury  or  incapacity  the  amount 
of  compensation  payable  to  a  permanent  member  of  the 
police  or  fire  force  thereof,  as  the  case  may  be,  for  the  first 
year  of  service  therein,  or  if  there  are  no  regular  or  perma- 
nent members  of  the  pohce  or  fire  force  thereof,  at  the  rate 
of  fifteen  hundred  dollars  per  annum;  provided,  that  no 
such  compensation  shall  be  payable  for  any  period  after  such 
police  officer  or  fire  fighter  has  been  retired  or  pensioned  in 
accordance  with  law  or  for  any  period  after  a  physician 
designated  by  the  board  or  officer  authorized  to  appoint 
police  officers  or  fire  fighters  in  such  city  or  town  determines 
that  such  incapacity  no  longer  exists.  All  amounts  payable 
under  this  section  shall  be  paid  at  the  same  time  and  in  the 
same  manner  as,  and  for  all  purposes  shall  be  deemed  to  be, 
the  regular  compensation  of  such  pohce  officer  or  fire  fighter. 

Approved  June  10,  1954. 

Chap.QS4:  An  Act  placing  the  office  of  legal  assistant,  divi- 
sion  OF  REGISTRY  OF  MOTOR  VEHICLES  UNDER  THE  CIVIL 

service  laws. 

Be  it  enacted,  etc.,  as  folloios: 

The  office  of  legal  assistant,  division  of  registry  of  motor 
vehicles,  shall,  upon  the  effective  date  of  this  act,  become 
subject  to  the  civil  service  laws  and  rules.  The  tenure  of 
office  of  Roland  H.  Parker,  who  has  performed  the  duties  of 
said  office  for  over  five  years,  shall  be  unlimited,  subject, 
however,  to  the  civil  service  laws  and  rules;  provided,  that 
he  passes  a  qualifying  examination  which  shall  be  given  by 
the  division  of  civil  service.  Approved  June  10,  1954. 

Chap.QS5  An  Act  to  increase  the  amount  of  dependency  allow- 
ance  UNDER  THE   EMPLOYMENT  SECURITY   LAW. 

Be  it  enacted,  etc.,  as  follows: 

EdM^^A'  Section  29  of  chapter  151 A  of  the  General  Laws  is  hereby 

§29,'etc., '       amended  by  striking  out  subsection  (c),  as  most  recently 
amended.         amended  by  section  12  of  chapter  763  of  the  acts  of  1951, 

and  inserting  in  place  thereof  the  following  subsection:  — 
?mfwance°^  (c)  Au  individual  in  total  or  partial  unemployment  and 

under  employ-   otherwise  eligible  for  benefits  shall  be  paid  for  each  week  of 


Acts,  1954.  —  Chaps.  636,  637.  631 

such  unemployment,  in  addition  to  the  amount  payable  {^^"^jj^^J'^/jg^ 
under  paragraph  (a)  or  (6),  as  the  case  may  be,  the  sum  of 
three  dollars  for  each  of  his  children  under  age  eighteen  who 
is  dependent  upon  him  at  law  and  in  fact  in  a  benefit  year; 
provided,  that  such  dependent  child  is  domiciled  within  the 
United  States  or  the  territories  or  possessions  thereof,  and 
that  in  no  instance  shall  the  regular  unemployment  bene- 
fits and  the  additional  amount  allotted  for  dependency  and 
partial  earnings  under  paragraph  (6)  be  more  than  his 
average  weekly  wage.  Ay-proved  June  10,  1954. 


An  Act  relative  to  the  filling  of  vacancies  in  the 

SCHOOL    committee    OF   THE    CITY    OF   WOBURN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  section 
two  of  chapter  one  hundred  and  ninety-four  of  the  acts  of 
nineteen  hundred  and  twenty-eight,  any  vacancy  in  the 
school  committee  of  the  city  of  Woburn  due  to  death,  resig- 
nation, or  any  other  cause  shall  be  filled  forthwith  by  elec- 
tion by  the  remaining  members  of  said  committee,  and  any 
person  so  elected  shall  serve  until  the  quahfication  of  a  suc- 
cessor, who  shall  be  elected  at  the  next  regular  municipal 
election  for  the  balance  of  the  unexpired  term,  if  any. 

Section  2.  After  the  biennial  municipal  election  in  the 
year  nineteen  hundred  and  fifty-five,  and  for  such  time 
thereafter  as  the  provisions  of  chapter  one  hundred  and 
twenty-eight  of  the  acts  of  nineteen  hundred  and  fifty-three 
remain  in  effect,  any  vacancy  in  the  school  committee  of 
the  city  of  Woburn  due  to  death,  resignation,  or  any  other 
cause  shall  be  filled  forthwith  by  election  by  the  remaining 
members  of  said  committee;  but  such  vacancy  shall  be 
filled  only  by  election  of  a  qualified  voter  of  the  ward  in 
which  such  vacancy  occurs.  The  person  so  elected  shall 
serve  only  until  a  successor  is  qualified  at  the  next  munic- 
ipal election,  at  which  next  municipal  election,  the  residents 
of  the  ward  in  which  such  vacancy  has  occurred  shall  vote 
to  fill  the  vacancy  for  the  remaining  unexpired  balance  of 
the  term,  as  provided  by  the  provisions  of  chapter  one  hun- 
dred and  twenty-eight  of  the  acts  of  nineteen  hundred  and 
fifty-three. 

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

Approved  June  10,  1954. 

An  Act  authorizing  the  city  of  woburn  to  pay  a  sum 
of  money  to  z.  wadsworth  narkun. 

Be  it  enacted,  etc.,  asfolloios: 

Section  1.  The  city  of  Woburn  is  hereby  authorized  to 
pay  from  an  appropriation  available  therefor  to  Z.  Wads- 
worth  Narkun,  fire  adjuster,  the  sum  of  six  thousand  dollars 
for  services  rendered  to  the  city  of  Woburn  in  the  matter 


Chap.QSQ 


ChapMl 


632  Acts,  1954.  —  Chaps.  638,  639. 

of  the  adjustment  of  the  fire  loss  at  the  Goodyear  School  in 
the  year  nineteen  hundred  and  fifty-three. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  10,  1954- 

Chav.QSS  An  Act  providing  for  the  acquisition  by  the  common- 
wealth OF  ALL  RIGHTS  IN  CERTAIN  TIDEWATERS  IN  THE 
CITY  OF  BOSTON  AND  FOR  THE  MAINTENANCE  OF  CERTAIN 
BRIDGES  OVER  THE  SAME  WITHOUT  A   DRAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works  is  hereby 
authorized  to  acquire  in  the  name  and  behalf  of  the  com- 
monwealth, with  such  conditional  hmitations,  if  any,  as  said 
department  shall  deem  proper,  all  rights  in  the  tidewaters 
above  the  easterly  side  of  the  highway  bridge  over  Fort 
Point  channel  at  Dorchester  avenue  in  the  city  of  Boston, 
and  to  do  in  the  name  and  behalf  of  the  commonwealth  any 
and  all  things  necessary  to  have  said  tidewaters  declared  to 
be  non-navigable  waters  within  the  meaning  of  the  consti- 
tution and  laws  of  the  United  States  and,  after  said  tide- 
waters have  been  so  declared,  to  maintain  said  bridge  with- 
out a  draw.  After  said  tidewaters  have  been  so  declared,  the 
city  of  Boston  and  the  New  York,  New  Haven  and  Hart- 
ford Railroad  Company  may  also  maintain  without  a  draw 
their  bridges  over  said  tidewaters. 

Section  2.  Notwithstanding  any  contrary  provision  of 
general  or  special  law,  the  city  of  Boston,  by  its  mayor,  is 
hereby  authorized  and  empowered  to  convey  to  the  com- 
monwealth, without  consideration,  all  rights  of  said  city  in 
the  aforesaid  tidewaters;  provided,  that  said  conveyance 
is  authorized,  after  two  separate  readings,  by  two  separate 
votes  of  two  thirds  of  all  the  members  of  the  city  council  of 
said  city,  the  second  of  said  readings  and  votes  to  be  had 
not  less  than  fourteen  days  after  the  first. 

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

Approved  June  10,  1954. 

Chav.QSQ  An  Act  relative  to  the  salaries  of  the  mayor  and 
city  council  of  the  city  of  fitchburg. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  section 
six  A  of  chapter  thirty-nine  and  section  seventeen  A  of 
chapter  forty-three  of  the  General  Laws,  the  mayor  of  the 
city  of  Fitchburg  shall  receive  for  his  services  such  salary  as 
the  city  council  thereof  by  ordinance  shall  determine,  not 
exceeding  seventy-five  hundred  dollars. 

Section  2.  The  city  council  of  said  city  may,  by  a  two- 
thirds  vote  of  all  its  members  taken  by  call  of  the  yeas  and 
nays,  estabUsh  a  salary  for  its  members  not  exceeding  seven 
hundred  and  fifty  dollars  each. 


Acts,  1954.  —  Chap.  640. 


633 


Section  3.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  city  of  Fitchburg  at  the  bi- 
ennial state  election  in  the  current  year  in  the  form  of  the 
following  question  which  shall  be  placed  upon  the  official 
ballot  to  be  used  at  said  election:  —  "Shall  an  act  of  the 
general  court  passed  in  the  current  year,  entitled  'An  Act 
relative  to  the  salaries  of  the  mayor  and  city  council  of  the 
city  of  Fitchburg',  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  June  10,  1954- 


An  Act  relative  to  the  assessment,  abatement  and  QJiQr)  640 

COLLECTION  OF  THE  EXCISE  TAX  ON  MOTOR  VEHICLES  AND 
TRAILERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  60 A  of  the  General  Laws  is  hereby  g.  L.cxer. 
amended  by  striking  out  section  1,  as  most  recently  amended  ftc."!'amen'dld.' 
by  chapter  548  of  the  acts  of  1954,  and  inserting  in  place 
thereof  the  following  section :  —  Section  1 .    Except  as  here-  Excise  tax 
inafter  provided,  there  shall  be  assessed  and  levied  in  each  veh^ks  and 
calendar  year  on  every  motor  vehicle  and  trailer  registered  trailers. 
under  chapter  ninety,  for  the  privilege  of  such  registration, 
an  excise  measured  by  the  value  thereof,  as  hereinafter  de- 
fined and  determined,  at  the  average  state  rate  for  the  cal- 
endar year,  as  determined  in  the  manner  provided  in  section 
fifty-eight  of  chapter  sixty-three.     For  the  purpose  of  this 
excise  the  value  of  each  such  motor  vehicle  or  trailer  shall  be 
deemed  to  be  the  value,  as  determined  by  the  commissioner, 
of  motor  vehicles  or  trailers  of  the  same  make,  type,  model, 
and  year  of  manufacture  as  designated  by  the  manufacturer, 
but  not  in  excess  of  the  following  percentages  of  the  Ust 
price  established  by  the  manufacturer  for  the  year  of  manu- 
facture, namely :  — 


In  the  year  preceding  the  designated  year  of  manufacture 

In  the  year  of  manufacture    . 

In  the  second  year 

In  the  third  year 

In  the  fourth  year 

In  the  fifth  and  succeeding  years 


50% 
90% 
60% 
40% 
25% 
10% 


The  term  "year  of  manufacture",  as  used  in  this  section,  "Year  of 
shall  mean  the  year  used  by  the  manufacturer  of  the  motor  dXi^d^"*"'^^  ' 
vehicle  or  trailer  in  connection  with  the  designation  by  him 
or  it  of  the  model  of  such  motor  vehicle  or  trailer. 

Nothing  in  this  section  shall  be  construed  to  prevent  the 
board  of  assessors  or  the  state  tax  commission,  as  the  case 
may  be,  from  granting  an  abatement  in  any  case  in  which 
the  valuation  aforesaid  is  in  their  or  its  opinion  excessive. 

The  excise  imposed  by  this  section  shall  not  apply  to  motor  Excise  not 
vehicles  or  trailers  owned  and  registered  by  the  common-  crnafn  motor 
wealth  or  any  pohtical  subdivision  thereof,  or  to  motor  ve- 


634 


Acts,  1954. —  Chap.  640. 


vehicles  or 
trailers. 


Certain 
disabled 
veterans 
exempt  from 
payment. 


Excise  to  be 

prorated, 

when. 


hides  or  trailers  owned  and  registered  by  a  corporation  whose 
personal  property  is  exempt  from  taxation  under  clause 
Third  of  section  five  of  chapter  fifty-nine.  Motor  vehicles 
or  trailers  owned  or  controlled  by  a  manufacturer,  farmer  or 
repairman  to  whom  has  been  issued  a  general  distinguishing 
number  or  mark  under  section  five  of  chapter  ninety,  and 
motor  vehicles  or  trailers  owned  or  controlled  by  a  dealer  to 
whom  there  has  been  issued  a  general  distinguishing  number 
or  mark,  shall  be  exempt  from  the  excise  imposed  by  this 
section,  upon  apphcation  in  writing  filed  with  the  assessors, 
if  and  so  long  as  such  motor  vehicle  or  trailer  is  operated  or 
propelled  over  the  highways  solely  in  connection  with  the 
business  of  the  owner  or  controller  as  such  manufacturer, 
farmer,  repairman  or  dealer  and  in  no  way  for  his  personal 
use  or  convenience  or  the  personal  use  and  convenience  of 
his  family  or  any  other  person;  provided,  that  such  applica- 
tion shall  contain  a  statement  subscribed  under  penalties  of 
perjury  by  such  owner  or  controller  to  the  effect  that  such 
motor  vehicle  or  trailer  is  and  will  be  operated  or  propelled 
only  in  the  manner  aforesaid;  and  provided  further  that  if 
any  such  motor  vehicle  or  trailer  is  operated  or  propelled 
otherwise  than  in  the  manner  aforesaid,  there  shall  be  as- 
sessed and  levied  on  such  motor  vehicle  or  trailer  the  excise 
imposed  by  this  chapter,  which  excise  shall  be  assessed  by 
the  assessors  and  collected  by  the  collectors  of  taxes,  nor 
shall  such  excise  be  abated  by  reason  of  any  subsequent 
transfer  of  such  motor  vehicle  or  trailer.  If  no  application 
for  exemption  is  filed  with  the  assessors  as  aforesaid,  any 
motor  vehicle  or  trailer  owned  or  controlled  by  a  manufac- 
turer, repairman  or  dealer  and  operated  or  propelled  under 
a  general  distinguishing  number  or  mark  issued  to  such 
manufacturer,  repairman  or  dealer  shall  be  subject  to  the 
excise  imposed  by  this  chapter,  which  excise  shall  be  assessed 
by  the  assessors  and  collected  by  the  collectors  of  taxes. 

The  excise  imposed  by  this  section  shall  not  apply  to  a 
motor  vehicle  owned,  operated  and  registered  by  a  veteran 
of  World  War  I,  World  War  II,  or  of  service  during  the 
Korean  emergency  between  June  twenty-fifth,  nineteen  hun- 
dred and  fifty  and  the  termination  of  said  emergency  as  de- 
clared by  proper  federal  authority,  who  according  to  the 
records  of  the  United  States  Veterans  Administration  by 
reason  of  service  in  the  armed  forces  of  the  United  States 
has  suffered  loss,  or  permanent  loss  of  use  of,  one  or  both 
feet,  or  loss  or  permanent  loss  of  use  of,  one  or  both  hands. 
This  exemption  shall  apply  only  to  motor  vehicles  owned 
and  operated  for  the  personal,  non-commercial  use  of  said 
veterans. 

If  a  motor  vehicle  or  trailer  is  registered  after  January 
thirty-first  of  any  year,  the  excise  imposed  by  this  section 
shall  be  that  proportion  of  the  excise  for  a  full  year  which 
the  number  of  months  in  said  year  following  the  last  day  of 
the  month  preceding  that  in  which  the  motor  vehicle  or 
trailer  is  registered  bears  to  twelve.     If  a  registered  motor 


Acts,  1954. —  Chap.  640.  635 

vehicle  or  trailer  is  sold  or  its  ownership  transferred  during 
any  calendar  year,  and  if  notice  to  the  former  owner  of  an 
excise  on  account  thereof  for  that  year  has  already  been 
issued  pursuant  to  section  two,  or  if  the  owner  of  a  motor 
vehicle  or  trailer  transfers  to  another  state  and  registers  such 
motor  vehicle  or  trailer  in  such  other  state  and  surrenders 
registration  of  such  motor  vehicle  or  trailer  in  this  state 
during  any  calendar  year,  and  if  notice  to  such  owner  of  an 
excise  on  account  thereof  for  that  year  has  already  been 
issued  pursuant  to  section  two,  that  proportion  of  the  excise 
for  a  full  year  which  the  number  of  months  in  said  year  re- 
maining after  the  last  da}'-  of  the  month  in  which  such  sale 
or  transfer  occurred  bears  to  twelve  shall  be  abated.  If, 
however,  the  excise  payer  has  not  been  notified  of  said  excise 
before  notice  of  such  sale  or  transfer  has  been  received  by 
the  official  or  officials  authorized  to  make  the  assessment, 
only  that  proportion  of  the  excise  for  a  full  year  which  the 
number  of  months  in  said  year  prior  to  the  first  day  of  the 
month  next  following  the  month  in  which  said  sale  or  trans- 
fer or  surrender  of  registration  in  this  state  occurred  bears 
to  twelve  shall  be  assessed.  The  excise  assessed  under  this 
section  shall  not  be  less  than  two  dollars,  and  no  abatement 
under  this  section  shall  reduce  the  excise  collected  to  less 
than  two  dollars. 

The  excise  imposed  by  this  section  shall  not  apply  to  the  Excise  not 
registration  by  an  inhabitant  of  any  state  other  than  this  non-irhabit" 
commonwealth  or  by  a  partnership,  voluntary  association  or  ^^^^-  ^^®°- 
corporation  which  does  not  have  a  principal  place  of  business 
in  this  commonwealth,  of  any  motor  vehicle  or  trailer  to  be 
customarily  kept  in  another  state  if  such  other  state  does 
not  impose  an  excise,  privilege  or  property  tax  or  fee  in  lieu 
of  or  in  addition  to  a  registration  fee,  or  does  not  impose  a 
registration  fee  at  a  rate  greater  than  that  required  for 
registration  in  this  commonwealth,  upon  motor  vehicles  or 
trailers,  as  the  case  may  be,  customarily  kept  in  this  com- 
monwealth and  registered  by  an  inhabitant  of  this  common- 
wealth, or  by  a  partnership,  voluntary  association  or  cor- 
poration having  its  principal  place  of  business  in  this  com- 
monwealth. The  commissioner  shall  determine  what  states 
do  not  impose  such  additional  excise,  privilege  or  property 
tax  or  fee,  or  registration  fee  or  fee  in  lieu  of  such  levies  and 
his  determination  shall  be  final. 

Notwithstanding  any  provision  of  law  to  the  contrary,  Common 
common  carriers,  including  towing  trucks  operated  for  hire  sub?ect'to*°"' 
on  dealers'  registration  plates,  shall  be  subject  to  the  excise  excise. 
imposed  by  this  section. 

Section  2.    Said  chapter  60A  is  hereby  further  amended  EdV6or'§2 
by  striking  out  section  2,  as  most  recently  amended  by  sec-  etc., 'amended.' 
tion  1  of  chapter  373  of  the  acts  of  1954,  and  inserting  in 
place  thereof  the  following  section :  —  Section  2.    Except  as  Duty  of 
otherwise  provided  in  section  one,  if  the  owner  of  the  motor  fmpose'lxdse. 
vehicle  or  trailer  registered  is  an  individual  inhabitant  of 
the  commonwealth,  or  a  partnership,  voluntary  association 


636 


Acts,  1954. —  Chap.  640. 


Application  for 
abatement, 
when  per- 
mitted, etc. 


or  corporation  having  a  principal  place  of  business  in  the 
commonwealth  or  if  the  owner  of  the  motor  vehicle  or  trailer 
registered  is  not  such  an  individual,  partnership,  voluntary 
association  or  corporation  but  the  vehicle  or  trailer  is  cus- 
tomarily kept  in  any  particular  municipality  in  the  common- 
wealth, the  board  of  assessors  shall  assess  the  excise  imposed 
by  section  one,  and  commit  the  same  to  the  collector  of 
taxes  with  their  warrant  for  the  collection  thereof.  Other- 
wise the  excise  so  imposed  shall  be  assessed  and  collected  by 
the  commissioner.  The  excise  shall  be  assessed  to  the  owner 
of  the  motor  vehicle  or  trailer  registering  the  same,  and  the 
registrar  of  motor  vehicles  shall  promptly  transmit  to  the 
commissioner  a  notice  of  the  registration  of  a  motor  vehicle 
or  trailer  subject  to  this  excise,  giving  the  name  and  resi- 
dential address  of  the  owner,  if  an  individual,  or  the  name 
and  principal  place  of  business  in  this  commonwealth,  if 
any,  otherwise  that  outside  the  commonwealth,  if  a  corpora- 
tion, partnership  or  voluntary  association,  the  municipality 
in  which  the  motor  vehicle  or  trailer  is  customarily  to  be 
kept  if  it  is  to  be  kept  in  the  commonwealth,  the  name  of 
the  maker,  the  year  of  manufacture  as  designated  by  the 
manufacturer,  and  the  model  and  type  of  vehicle  or  trailer. 
The  commissioner  may  require  from  the  owner  such  further 
information  as  may  be  necessary  for  the  purposes  of  this 
chapter.  If  an  appUcation  for  the  registration  of  a  motor 
vehicle  or  trailer  contains  a  statement  that  the  motor  vehicle 
or  trailer  is  customarily  to  be  kept  in  any  particular  district, 
section  or  part  of  a  city  or  town,  the  commissioner  shall  de- 
termine in  what  city  or  town  said  district,  section  or  part  is 
located,  and  shall  transmit  the  information  to  the  assessors. 
The  commissioner  shall,  as  soon  as  may  be,  transmit  to  the 
boards  of  assessors  the  information  received  relative  to  regis- 
trations with  respect  to  motor  vehicles  and  trailers  locally 
assessable  sent  to  him  by  the  registrar  of  motor  vehicles,  and, 
under  such  provisions  as  he  deems  best,  make  available  to 
the  local  assessors  information  showing  the  values  as  deter- 
mined under  section  one.  The  excise  hereunder  shall  be 
due  and  payable  at  the  expiration  of  thirty  days  from  the 
date  upon  which  the  notice  was  issued  by  the  collector  or  the 
commissioner  pursuant  to  this  section.  The  collector  of 
taxes  or  the  commissioner,  as  the  case  may  be,  shall  season- 
ably notify  the  owner  of  the  excise  assessed  and  the  due 
date,  but  failure  to  receive  notice  shall  not  affect  the  validity 
of  the  excise.  The  owner  may  if  the  notice  of  assessment  is 
issued  before  January  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  assess- 
ment 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  as- 
sessors or  the  state  tax  commission,  as  the  case  may  be,  and, 
from  a  decision  of  the  board  of  assessors  upon  such  applica- 


Acts,  1954.  —  Chap.  641.  637 

tion,  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  de- 
cision 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  pursuant  to  section  seventy-one  of 
chapter  sixty-three.  If  an  abatement  is  granted  of  an  ex- 
cise assessed  by  a  board  of  assessors,  any  overpayment  with 
interest  thereon  at  the  rate  of  four  per  cent  per  annum  from 
the  date  of  payment  shall  be  refunded  by  the  city  or  town 
treasurer  from  any  available  funds,  upon  certification  by  the 
collector  of  taxes  and  approval  for  payment  as  required  by 
section  fifty-two  of  chapter  forty-one,  without  any  appro- 
priation therefor  by  the  municipality.  If  abatement  is 
granted  of  an  excise  assessed  by  the  commissioner,  any  over- 
payment with  interest  thereon  at  the  rate  of  six  per  cent 
per  annum  from  the  date  of  payment  shall  be  refunded  by 
the  state  treasurer  upon  certification  by  the  state  tax  com- 
mission, without  further  appropriation.  Owners  who  neglect 
to  pay  the  excise  assessed  under  this  chapter  shall  pay  in- 
terest at  the  rate  of  six  per  cent  per  annum  from  the  time 
when  such  excise  was  payable  until  paid,  if  such  payment  is 
made  before  the  commencement  of  proceedings  for  recovery 
thereof,  and  twelve  per  cent  if  made  after  the  commencement 
thereof.  The  notice  issued  pursuant  to  this  section  shall 
bear  on  its  face  a  statement  of  the  time  within  which  peti- 
tions for  abatement  of  the  excise  may  be  filed. 

Approved  June  10,  1954- 

An  Act  modifying  and  clarifying  the  rule  against  (Jfidj)  541 

PERPETUITIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  General  Laws  are  hereby  amended  by  g  l.  (Ter. 
inserting  after  chapter  184  the  following  chapter:  —  ^hipt^r^mA, 

added. 

Chapter  184  A. 

THE   RULE   AGAINST    PERPETUITIES. 

Section  1 .    In  applying  the  rule  against  perpetuities  to  an  The  rule 
interest  in  real  or  personal  property  limited  to  take  effect  at  pfrpetuities. 
or  after  the  termination  of  one  or  more  life  estates  in,  or  modified, 
fives  of,  persons  in  being  when  the  period  of  said  rule  com- 
mences to  run,  the  validity  of  the  interest  shall  be  deter- 
mined on  the  basis  of  facts  existing  at  the  termination  of 
such  one  or  more  life  estates  or  lives.    In  this  section  an  in- 
terest which  must  terminate  not  later  than  the  death  of  one 
or  more  persons  is  a  "life  estate"  even  though  it  may  termi- 
nate at  an  earlier  time. 

Section  2.     If  an  interest  in  real  or  personal   property  Same  subject. 
would  violate  the  rule  against  perpetuities  as  modified  by 
section  one  because  such  interest  is  contingent  upon  any 
person  attaining  or  failing  to  attain  an  age  in  excess  of 


638 


Acts,  1954. —  Chap.  642. 


Certain 
fees  in  land 
to  become 
absolute. 


Exception  for 
public, 
charitable 
or  religious 
purposes. 


Applicable 
to  equitable 
interests. 

Proviso. 


Severability 
provision. 


Effective 
date. 

Application 
thereof. 


twenty-one,  the  age  contingency  shall  be  reduced  to  twenty- 
one  as  to  all  persons  subject  to  the  same  age  contingency. 

Sedioti  3.  A  fee  simple  determinable  in  land  or  a  fee 
simple  in  land  subject  to  a  right  of  entry  for  condition  broken 
shall  become  a  fee  simple  absolute  if  the  specified  contin- 
gency does  not  occur  within  thirty  years  from  the  date  when 
such  fee  simple  determinable  or  such  fee  simple  subject  to  a 
right  of  entry  becomes  possessory.  If  such  contingency  oc- 
curs within  said  thirty  years  the  succeeding  interest,  which 
may  be  an  interest  in  a  person  other  than  the  person  cre- 
ating the  interest  or  his  heirs,  shall  become  possessory  or  the 
right  of  entry  exercisable  notwithstanding  the  rule  against 
perpetuities.  But  if  a  fee  simple  determinable  in  land  or  a 
fee  simple  in  land  subject  to  a  right  of  entry  for  condition 
broken  is  so  limited  that  the  specified  contingency  must 
occur,  if  at  all,  within  the  period  of  the  rule  against  per- 
petuities, said  interests  shall  take  effect  as  hmited.  This 
section  shall  not  apply  where  both  such  fee  simple  determi- 
nable and  such  succeeding  interest,  or  both  such  fee  simple 
and  such  right  of  entry  are  for  public,  charitable  or  reUgious 
purposes;  nor  shall  it  apply  to  a  deed,  gift  or  grant  of  the 
conamonwealth  or  any  political  subdivision  thereof. 

Section  If.  This  chapter  shall  apply  to  both  legal  and 
equitable  interests. 

Section  5.  Except  as  provided  in  the  first  sentence  of  sec- 
tion three,  this  chapter  shall  not  be  construed  to  invalidate 
or  modify  the  terms  of  any  limitation  which  would  have 
been  valid  prior  to  January  first,  nineteen  hundred  and 
fifty-five. 

Section  6.  If  any  of  the  provisions  of  this  chapter  shall  be 
held  invahd  or  unconstitutional  in  relation  to  any  of  the 
apphcations  thereof,  such  invalidity  or  unconstitutionality 
shall  not  affect  other  apphcations  thereof  or  other  provisions 
thereof;  and  to  this  end  the  provisions  of  this  chapter  are 
declared  to  be  severable. 

Section  2.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  fifty-five,  and  shall  apply  only  to 
inter  vivos  instruments  taking  effect  after  that  date,  to  wills 
where  the  testator  dies  after  January  first,  nineteen  hundred 
and  fifty-five,  and  to  appointments  made  after  the  effective 
date  of  this  act,  including  appointments  by  inter  vivos  in- 
struments or  wills  under  powers  created  before  said  efTective 
date.  Approved  June  10,  1954. 


Chap. 64:2  An  Act  requiring  retirement  boards  to  furnish  an- 
nual STATEMENTS  TO  MEMBERS  OF  RETIREMENT  SYSTEMS. 


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

Annual 
Btatements 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Paragraph  {i)  of  subdivision  (5)  of  section  20 
of  chapter  32  of  the  General  Laws,  as  appearing  in  section  1 
of  chapter  658  of  the  acts  of  1945,  is  hereby  amended  by 
adding  at  the  end  the  two  following  sentences :  —  Each 
board  shall  annually,  on  or  before  July  first,  furnish  to  each 


Acts,  1954.  —  Chap.  643.  639 

member  of  the  system  an  annual  statement  for  the  previous  to  members 
calendar  year  relative  to  the  status  of  the  member's  account.  sysTeml"^^" 
Such  statement  shall  show  the  total  contribution  since  the  required, 
member  entered  the  retirement  system,  the  total  amount  of 
interest  which  has  accrued,  and  the  combined  total  in  the 
account  as  of  the  end  of  the  previous  calendar  year. 

Section  2.  The  first  annual  statement  required  by  para-  Same 
graph  (i)  of  subdivision  (5)  of  section  twenty  of  chapter  ^"  ^^'^^' 
thirty-two  of  the  General  Laws,  as  amended  by  section  one 
of  this  act,  shall,  in  the  case  of  the  state  retirement  board, 
be  for  the  calendar  year  nineteen  hundred  and  fifty-four, 
and  in  the  case  of  retirement  boards  of  all  other  retirement 
systems  estabhshed  under  sections  one  to  twenty-eight,  in- 
clusive, of  said  chapter  thirty-two  or  under  corresponding 
provisions  of  earlier  law,  shall  be  for  the  calendar  year  nine- 
teen hundred  and  fifty-five.  Approved  June  10,  1954. 

An  Act  to  facilitate  the  designation  of  conservation,  Chav.QAS 

REHABILITATION,  AND  RECONSTRUCTION  AREAS,  AND  THE 
PLANNING  AND  EXECUTION  OF  HOUSING  AND  ENVIRON- 
MENTAL  IMPROVEMENT   PROGRAMS   THEREIN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  81D  of  chapter  41  of  the  General  Ed.K47r" 
Laws  is  hereby  amended  by  inserting  after  the  second  sen-  §  sii).  etc., 
tence,  as  appearing  in  section  4  of  chapter  340  of  the  acts  of  ^'"^'^ 
1947,  the  following  sentence:  —  Such  planning  board,  after 
consultation  with  the  municipal  agencies  charged  with  en- 
forcing housing  laws,   ordinances,   by-laws  or  regulations, 
and  with  the  local  housing  or  redevelopment  authority,  if 
any,  shall  designate  in  such  plan,  conservation,  rehabilita- 
tion and  redevelopment  areas  for  the  purpose  of  guiding 
residential  protection,  neighborhood  improvement,  and  ur- 
ban renewal  programs,  —  so  as  to  read  as  follows :  —  Sec-  Planning 
Hon  81 D.    A  planning  board  estabhshed  in  any  city  or  town  designate 
under  section  eighty-one  A  shall  make  a  master  or  study  d7^*ei^p^ent 
plan  of  such  city  or  town  or  such  part  or  parts  thereof  as  areas,  etc.  in 
said  board  may  deem  advisable  and  from  time  to  time  may  ^^'^^"  ^  ^^■ 
extend  or  perfect  such  plan.    Such  plan  shall  show,  among 
other  things,  existing  and  desirable  proposed  public  ways, 
street  grades,  pubHc  places,  bridges  and  tunnels,  viaducts, 
parks,  parkways,  playgrounds,  sites  for  public  buildings  and 
structures,  building  and  zoning  districts,  pierhead  and  bulk- 
head lines,  waterways,  routes  of  railroads,  buses  and  ferries, 
and  locations  of  sewers,  water  conduits  and  other  public 
utilities,  and  other  pertinent  features  of  such  a  plan,  includ- 
ing existing  private  ways.    Such  planning  board,  after  con- 
sultation with  the  municipal  agencies  charged  with  enforc- 
ing housing  laws,  ordinances,  by-laws  or  regulations,  and 
with  the  local  housing  or  redevelopment  authority,  if  any, 
shall  designate  in  such  plan,  conservation,  rehabilitation  and 
redevelopment  areas  for  the  purpose  of  guiding  residential 
protection,  neighborhood  improvement,  and  urban  renewal 


640 


Acts,  1954.  —  Chap.  643. 


G.  L.  (Ter. 
Ed.),  121, 
§  26,  ptc, 
amended. 


Development 
of  urban 
renewal 
programs. 


"Urban 

renewal", 

defined. 


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


Acceptance  of 
certain  funds, 
authorized. 


programs.  Such  plan  shall  be  made,  and  may  be  added  to 
or  changed  from  time  to  tune,  by  a  majority  vote  of  such 
planning  board  and  shall  be  a  public  record. 

Section  2.  Section  26  of  chapter  121  of  the  General 
Laws,  as  most  recently  amended  by  section  6  of  chapter  340 
of  the  acts  of  1947,  is  hereby  further  amended  by  adding  at 
the  end  the  following  two  paragraphs :  — 

Whenever  a  city  by  vote  of  the  city  council,  or  a  town  by 
vote  of  a  town  meeting,  determines  that  an  urban  renewal 
program  ought  to  be  undertaken  in  one  or  more  areas  desig- 
nated for  rehabilitation  or  conservation  by  the  local  plan- 
ning board,  it  may  designate  either  the  municipality,  or 
any  of  its  departments,  and/or  the  housing  or  redevelopment 
authority,  as  the  local  public  agency  or  agencies  to  receive, 
upon  approval  of  the  chairman  of  the  housing  board,  loans 
and  grants  from  the  federal  government  for  the  purpose  of 
making  surveys  to  establish  a  specific  plan  for  an  urban 
renewal  project.  Whenever  a  city  by  vote  of  the  city  coun- 
cil or  a  town  by  vote  of  a  town  meeting  approves  such  a 
specific  urban  renewal  plan  and  determines  to  proceed  with 
such  a  project,  the  local  public  agency  or  agencies  shall  ob- 
tain approval  of  such  project  from  the  chairman  of  the 
housing  board  before  receiving  any  loans  or  grants  from  the 
federal  government  for  carrying  out  such  project. 

For  purposes  of  this  section,  the  words  "urban  renewal" 
shall  mean  conservation  or  rehabihtation  of  a  residential 
neighborhood  by  voluntary  and  municipal  action  to  reduce 
or  prevent  blight  or  deterioration.  An  urban  renewal  proj- 
ect may  include  undertakings  or  activities  of  a  local  public 
agency  in  one  or  more  areas  for  the  prevention  or  reduction 
of  blight  or  deterioration,  in  accordance  with  an  urban  re- 
newal plan  approved  by  the  city  council  or  town  meeting. 
Such  an  urban  renewal  project  may  include  carrying  out  a 
program  of  voluntary  repair  and  rehabilitation  of  buildings 
and  improvements,  and  of  enforcement  of  laws,  ordinances, 
by-laws  and  regulations  relating  to  the  maintenance,  use, 
occupancy  and  demolition  of  existing  housing,  and  of  in- 
stallation, construction  or  reconstruction  of  streets,  utiHties, 
parks,  playgrounds  and  other  municipal  improvements  neces- 
sary for  neighborhood  conservation  or  rehabilitation  in  areas 
designated  therefor  in  accordance  with  section  eighty-one  D 
of  chapter  forty-one.  Such  a  project  may  also  include  ac- 
quisition for  pubHc  use  of  real  property,  and  demoHtion  or 
removal  of  buildings  and  improvements  thereon  where  neces- 
sary for  installation,  construction  or  reconstruction  of  streets, 
utilities,  parks,  playgrounds  and  other  municipal  improve- 
ments necessary  to  conserve  a  neighborhood. 

Section  3.  Section  6  of  chapter  23 A  of  the  General 
Laws,  as  appearing  in  section  1  of  chapter  409  of  the  acts  of 
1953,  is  hereby  amended  by  adding  at  the  end  the  following 
clause :  — 

{i)  Accept  from  the  federal  government  such  grants  and 
from  municipalities  such  funds  as  may  be  necessary  for  the 


Acts,  1954.  —  Chaps.  644,  645.  641 

purpose  of  carrying  out  any  of  the  provisions  of  clauses  (6), 
(e)  and  (/).  Approved  June  10,  195 4- 

An  Act  regulating  political  activities  of  public  em-  Qhnjy  A44 

PLOYEES.  ^  * 

Be  it  enacted,  etc.,  as  folloios: 

Section  11  of  chapter  55  of  the  General  Laws,  as  appearing  g.  l.  (Xer. 
in  section  10  of  chapter  537  of  the  acts  of  1946,  is  hereby  f'li.'e^tc., 
amended  by  striking  out  the  first  paragraph  and  inserting  amended. 
in  place  thereof  the  following  paragraph :  —  No  person  em-  Political 
ployed  for  compensation,  other  than  an  elected  officer,  by  pubuc  em-^ 
the  commonwealth  or  any  county,  city  or  town  shall  directly  f^F^J*®"'  ^^^^' 
or  indirectly  solicit  or  receive  any  gift,  payment,  contribu- 
tion, assessment,  subscription  or  promise  of  money  or  other 
thing  of  value  for  the  pohtical  campaign  purposes  of  any 
candidate  for  public  office  or  of  any  political  committee,  or 
for  any  political  purpose  whatever;    but  this  section  shall 
not  prevent  such  persons  from  being  members  of  political 
organizations  or  committees.  Approved  June  10,  1954-. 


ChapM5 


An  Act  regulating  the  award  of  contracts  for  public 
building  projects  by  competitive  bidding. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  149  of  the  General  Laws  is  hereby  g.  l.  (Xer. 
amended  by  striking  out  section  44A,  as  amended  by  sec-  fiikltlc.. 
tion  1  of  chapter  699  of  the  acts  of  1941,  and  inserting  in  amended.  ' 
place  thereof  the  following  section:  —  Section  44A.    Every  Award  of 
contract  for  the  construction,  reconstruction,  alteration,  re-  puwlc  buiid- 
modeling  or  repair  of  any  pubHc  building  by  the  common-  ["^jj^t^^''*^' 
wealth,  or  by  any  county,  city,  town,  district,  board,  com-  "^ 
mission  or  other  pubUc  body  and  estimated  to  cost  more 
than  five  thousand  dollars  in  the  case  of  the  commonwealth, 
and  more  than  one  thousand  dollars  in  the  case  of  any 
county,  city,  town,  district,  board,  commission  or  other  pub- 
lic body,  shall  be  awarded  on  the  basis  of  competitive  bids 
to  the  lowest  responsible  and  eligible  bidder  for  the  complete 
work.     The  term  "lowest  responsible  and  ehgible  bidder",  re^p^nsfbie 
as  used  herein  and  in  sections  forty-four  B  to  forty-four  D,  and  ciiKibie 
inclusive,  shall  mean  the  bidder  whose  bid  is  the  lowest  of  de'alfe'd' 
those  bidders  possessing  the  skill,  abiUty  and  integrity  neces- 
sary to  the  faithful  performance  of  the  work,  except  in  the 
event  of  substitution  as  hereinafter  required,  and  who  shall 
certify  that  he  is  able  to  furnish  labor  that  can  work  in 
harmony  with  all  other  elements  of  labor  employed  or  to 
be  employed  on  the  work.    Essential  information  in  regard 
to  such  quaUfications  shall  be  submitted  in  such  form  as  the 
awarding  authority  may  require.     The  awarding  authority 
shall  reserve  the  right  to  reject  any  or  all  bids,  if  it  be  in  the 
public  interest  so  to  do. 


642 


Acts,  1954. —  Chap.  645. 


G.  L.  (Ter. 
Ed.),  149, 
§  44B,  etc., 
amended. 

Bid  deposits, 
required. 


Amount  o 
deposit. 


Return  of 
bid  deposits 
of  certain 
general 
contractors, 
regulated. 


Section  2.  Said  chapter  149  is  hereby  further  amended 
by  striking  out  section  44B,  inserted  by  chapter  480  of  the 
acts  of  1939,  and  inserting  in  place  thereof  the  following 
section:  —  Section  44B.  Every  bid  submitted  by  general 
contractors  and  subcontractors  designated  in  item  two  as 
hereinafter  provided  for  any  work  referred  to  in  section 
forty-four  A  shall  be  accompanied  by  cash  or  a  certified 
check  on,  or  a  treasurer's  or  cashier's  check  issued  by,  a 
responsible  bank  or  trust  company,  payable  to  the  common- 
wealth, county,  city,  town,  district,  board,  commission  or 
other  public  body  in  the  name  of  which  the  contract  for  the 
work  is  to  be  done.  The  amount  of  such  cash  or  check  shall 
be  not  less  than  five  per  cent  of  the  value  of  the  proposed 
work,  as  estimated  by  the  awarding  authority,  but  in  no 
event  less  than  one  hundred  dollars  nor  more  than  fifty 
thousand  dollars. 

All  such  bid  deposits  of  general  contractors  on  any  such 
proposed  work,  except  those  of  the  three  lowest  responsible 
and  eligible  bidders,  shall  be  returned  within  five  days,  Sun- 
days and  holidays  excluded,  after  the  opening  of  proposals 
therefor.  The  award  of  any  contract  referred  to  in  section 
forty-four  A  shall  be  made  within  thirty  days  after  the  open- 
ing of  bids  therefor,  or,  if  federal  government  approval  is  re- 
quired, within  thirty  days  after  such  approval.  All  bid 
deposits  on  any  such  proposed  work  shall  be  returned  upon 
the  execution  and  deUvery  of  the  contract  therefor,  or,  if  no 
award  is  made,  then  at  the  expiration  of  thirty  days  after 
the  opening  of  the  bids  therefor,  or,  if  federal  government 
approval  is  required,  within  thirty  days  after  such  approval. 
If  the  bidder  selected  as  the  contractor  on  any  such  proposed 
work  fails  to  execute  the  contract  therefor  within  five  days, 
Sundays  and  holidays  excluded,  after  presentation  by  the 
awarding  authority,  an  award  shall  be  made  to  the  next 
lowest  responsible  and  eligible  bidder  thereon.  Should  any 
bidder  on  any  such  proposed  work  to  whom  an  award  is 
made  fail  to  execute  a  contract  therefor  within  five  days, 
Sundays  and  hoUdays  excluded,  after  presentation  thereof, 
the  amount  so  received  as  bid  deposit  from  such  bidder 
through  his  cash,  certified  check,  treasurer's  or  cashier's 
check  shall  become  and  be  the  property  of  the  said  common- 
wealth, county,  city,  town,  district,  board,  commission  or 
other  public  body  as  liquidated  damages;  provided,  that, 
in  case  of  death,  disabiUty  or  other  unforeseen  circum- 
stances affecting  the  bidder,  such  bid  deposit  may  be  re- 
turned to  him. 

All  bid  deposits  of  subcontractors  designated  in  item  two, 
except  those  of  the  three  lowest  responsible  and  eligible 
bidders,  shall  be  returned  within  five  days,  Sundays  and 
holidays  excluded,  after  the  opening  of  proposals  therefor. 
The  bid  deposits  of  the  three  lowest  responsible  and  eligible 
bidders  shall  be  returned  within  five  days,  Sundays  and 
hoUdays  excluded,  after  execution  of  the  contract  with  the 
general  contractor. 


Acts,  1954. —  Chap.  645.  643 

If  a  bidder  on  any  item  of  work  designated  in  item  two 
fails  to  execute  a  contract  with  the  selected  general  con- 
tractor, contingent  upon  the  final  execution  of  the  general 
contract,  within  five  days,  Sundays  and  holidays  excluded, 
after  presentation  thereof  by  the  general  contractor  the 
amount  so  received  as  bid  deposit  from  the  bidder  through 
his  cash,  certified  check,  treasurer's  or  cashier's  check  shall 
become  and  be  the  property  of  the  said  commonwealth, 
county,  city,  town,  district,  board,  commission  or  other  pub- 
He  body  as  liquidated  damages;  provided,  that,  in  case  of 
death,  disabilitj''  or  other  unforeseen  circumstances  affecting 
the  bidder,  such  deposit  may  be  returned  to  him. 

Section  3.    Said  chapter  149  is  hereby  further  amended  S,^^  {T,^'"- 
by  striking  out  section  44C,  as  amended  by  chapter  699  of  §'446,  etc., 
the  acts  of  1941,  and  inserting  in  place  thereof  the  following  ^'^i'''^'^^'^ 
section:  —  Section  44C.    (A)  With  respect  to  each  bid  sub-  Procedure  for 
ject  to  section  forty-four  B,  the  following  procedure  shall  be  b?tkimg  on^ 
followed  and  all  bidders  shall  be  notified  to  that  effect:  —      public  buiid- 

1,  Bids  from  general  contractors  shall  be  for  the  complete  '""^  *"^°^*'*'  ^' 
work  as  specified  and  shall  include  the  names  of  subcon- 
tractors and  the  amounts  of  their  bids  as  designated  in  item 

two  of  the  bid  form  and  the  general  contractor  shall  be 
selected  on  the  basis  of  such  bid. 

Bids  from  general  contractors  must  be  submitted  on  the  bid 
form  for  general  contractors  as  set  forth  in  (G)  of  this  section. 

Bid  forms  shall  be  completely  filled  in.  Bids  which  are 
incomplete,  conditional  or  obscure,  or  which  contain  addi- 
tions not  called  for,  shall  be  rejected. 

2.  Each  bid  shall  be  divided  into  two  items:  — 

Item  1,  covering  all  the  work  of  the  general  contractor, 
being  all  work  not  covered  in  item  two. 

Item  2,  covering  the  work  and  the  bid  prices  therefor  of 
the  subcontractors  for  such  of  the  following  as  in  the  es- 
timate of  the  awarding  authority  shall  exceed  one  thousand 
dollars:  (a)  roofing  and  flashing;  (6)  metal  windows; 
(c)  waterproofing,  dampproofing  and  caulking;  {d)  mis- 
cellaneous and  ornamental  iron;  (e)  lathing  and  plastering; 
(/)  acoustical  tile;  {g)  marble,  tile  and  terrazzo;  (h)  resilient 
floors;  (i)  glass  and  glazing;  (j)  painting;  (k)  plumbing; 
(0  heating,  ventilating  and  air  conditioning;  (?n)  electrical 
work;  (n)  elevators;  and  (0)  the  work  of  any  other  principal 
or  minor  subcontractors  for  which  the  awarding  authority 
deems  it  necessary  to  receive  filed  sub-bids;  and  each  of 
these  classes  of  work  shall  be  designated  in  item  two  of  the 
bid  form  for  general  contractors  as  classes  of  work  for  which 
bid  prices  from  subcontractors  must  be  given, 

(B)  All  principal  and  such  minor  subcontractors  as  are 
designated  in  the  proposal  form  shall  deliver  or  mail  to  the 
awarding  authority  record  copies  of  all  bids  sent  by  them  to 
the  general  contractor.  All  such  bids  shall  be  for  the  com- 
plete subdivision  of  the  work  as  specified  and  must  be  sub- 
mitted on  the  bid  form  for  subcontractors  as  set  forth  in 
(H)  of  this  section,  which  form  shall  be  completely  filled  in. 


644  Acts,  1954.  — Chap.  645. 

Bids  which  are  incomplete,  conditional  or  obscure,  or  which 
contain  additions  not  called  for,  shall  be  rejected. 

Copies  of  sub-bids  filed  with  the  awarding  authority  shall 
be  submitted  in  sealed  envelopes  with  the  following  plainly 
marked  on  the  outside :  — 

Title  of  work. 

Division  of  work  for  which  bid  is  submitted. 

Subcontractor's  name. 

Subcontractor's  business  address. 

All  such  bids  shall  be  in  the  possession  of  the  awarding 
authority  and  delivered  or  mailed  to  the  general  contractor, 
by  twelve  o'clock  noon  at  least  two  days,  Sundays  and  legal 
holidays  excepted,  before  the  date  for  receipt  of  general  con- 
tract proposals.  The  date  and  time  limit  for  receipt  of  such 
bids  shall  be  stated  in  each  section  of  the  specifications.  No 
filed  sub-bids  shall  be  opened  by  the  awarding  authorities 
until  after  the  selection  of  the  general  contractor. 

No  sub-bid  shall  be  considered  in  the  final  selection  of 
sub-bidders,  as  hereinafter  described,  except  those  filed  with 
the  awarding  authority  as  above  provided. 

Each  sub-bidder  may  endorse  the  copy  of  his  bid  filed 
with  the  awarding  authority  as  follows:  —  "The  above  bid 
is  being  sent  to  the  following  general  bidders:  — 


The  bid  may  not  be  used  by  any  other  general  contractor 
without  the  consent  of  the  undersigned,"  and  sign  such  copy. 

(C)  The  names  of  all  sub-bidders  who  filed  their  bids 
with  the  awarding  authority  as  above  provided,  listed  ac- 
cording to  classes  of  work,  shall  be  mailed  on  the  final  day 
for  fihng  of  such  bids  to  the  general  contractors  bidding  on 
the  work,  and  no  sub-bidder  not  included  on  such  list  shall 
be  used  by  the  general  contractor  in  his  bid. 

If  no  bids  for  a  class  of  work  listed  in  item  two  of  the  bid 
form  are  filed  with  the  awarding  authorit3'',  the  awarding 
authority  shall  state,  in  an  addendum  to  be  issued  with  the 
Usting  of  recorded  sub-bids  issued  to  bidders,  an  amount  or 
amounts  to  be  included  by  the  bidder  under  item  two  of  the 
bid  form  for  the  class  or  classes  of  work  for  which  no  bids 
have  been  received.  The  general  contractor  shall  cause  the 
work  so  covered  to  be  done  by  such  subcontractors  and  for 
such  sums  as  may  be  agreed  upon  with  the  awarding  author- 
ity, the  contract  price  being  adjusted  by  the  difference  be- 
tween such  sums  and  the  amounts  stated  in  the  addendum. 
The  bidder  shall  include  under  item  one  all  expenses  and 
profits  on  account  of  such  allowances.  The  general  con- 
tractor shall  not  be  required  to  employ  for  any  such  work 
subcontractors  against  whose  standing  and  ability  the  gen- 
eral contractor  makes  objection. 

(D)  If  after  the  selection  of  the  general  contractor,  it  be 
decided  to  consider  subcontractors  other  than  the  ones  named 
by  the  general  contractor  in  his  bid,  the  awarding  authority 


Acts,  1954.  —  Chap.  645.  645 

and  the  selected  general  contractor  shall  jointly  consider  the 
names  of  all  sub-bidders  and  their  amounts,  as  filed.  Any 
agreement  to  substitute  the  name  of  a  subcontractor  other 
than  the  one  named  in  the  general  contractor's  bid  shall 
cause  an  adjustment  of  contract  price  at  the  net  difference 
in  accordance  with  the  sub-bidders  of  record  filed  with  the 
awarding  authority.  If  by  such  substitutions  the  total  ad- 
justed bid  of  the  general  contractor  first  selected  becomes 
greater  than  the  original  total  bid  of  the  next  to  lowest  eli- 
gible and  responsible  bidder,  then  the  latter  shall  be  selected 
and  his  sub-bidders  similarly  considered.  If  by  substitutions 
as  hereinbefore  provided  the  total  adjusted  bid  of  the  second 
selected  general  contractor  becomes  greater  than  the  ad- 
justed bid  of  the  general  contractor  first  selected  or  greater 
than  the  original  bid  of  the  third  lowest  eligible  and  respon- 
sible bidder,  then  the  bidder  having  the  lower  of  these  two 
bids  shall  be  selected;  provided,  that  if  the  third  lowest 
eligible  and  responsible  bidder  is  selected  his  sub-bidders 
shall  be  similarly  considered.  The  general  contractor  fi- 
nally selected  by  the  aforementioned  process  of  substitu- 
tions shall  become  the  lowest  responsible  and  eligible  bidder. 
All  subcontractors  when  finally  selected  shall  be  notified 
in  writing  of  their  selection  within  forty-eight  hours  there- 
after by  the  general  contractor. 

(E)  If  a  subcontractor  who  has  been  selected  and  in- 
cluded in  the  general  contract  fails  to  execute  the  sub-con- 
tract document,  contingent  upon  the  final  execution  of  the 
general  contract,  within  five  days,  Sundays  and  holidays 
excluded,  after  notice  of  selection,  the  awarding  authority 
and  the  general  contractor  shall  select,  from  the  sub-bidders 
who  have  conformed  to  the  bidding  procedure,  a  responsible 
and  eligible  bidder  at  the  amount  named  in  such  sub-bid,  and 
the  total  contract  price  shall  be  revised  in  accordance  with 
the  change  in  figures  as  submitted. 

The  awarding  authority  shall  reserve  the  right  to  reject 
all  sub-bids  on  any  item  or  items,  if  it  is  determined  that 
none  of  such  bids  represents  the  bid  of  a  person  or  firm 
competent  to  perform  the  work  as  specified,  or  that  only 
one  such  bid  was  received  and  that  the  price  is  not  reasonable 
for  acceptance  without  competition.  If  a  rejection  of  a 
sub-bid  occurs,  new  bids  shall  be  requested  on  such  item  or 
items  as  may  have  been  rejected,  which  shall  in  no  way 
affect  the  other  sub-bidders  who  have  conformed  to  the 
prescribed  bidding  procedure.  Such  new  bids  shall  be  ob- 
tained by  written  invitation  to  three  or  more  qualified  sub- 
bidders  and  shall  be  publicly  opened  at  a  time  and  place  to 
be  specified  in  the  invitation  for  bids. 

(F)  If  a  general  bidder  customarily  performs  with  his  own 
employees  any  sub-trade  or  trades  listed  in  item  two  of  the 
bid,  he  may  submit  a  bid  on  the  form  as  herein  required  of 
all  regular  subcontractors,  and  shall  also  submit  his  name 
and  amount  for  such  work  in  his  own  bid  for  the  general 
work  under  item  two.     Such  submission  by  the  selected 


646  Acts,  1954. —Chap.  645. 

general  contractor  shall  be  considered  on  a  par  with  sub-bids 
filed  with  the  awarding  authority  by  sub-bidders  who  cus- 
tomarily perform  such  work.  No  such  sub-bid  by  a  gen- 
eral contractor  shall  be  considered,  however,  unless  the  gen- 
eral bidder  can  show,  to  the  satisfaction  of  the  awarding 
authority,  that  he  does  customarily  perform  such  work,  and 
is  qualified  to  do  the  character  of  work  required  by  the 
specifications. 

(G)  A  bid  form  containing  the  following  provisions  must 
be  submitted  by  general  bidders :  — 

Bid  Form  for  General  Contractors. 
To (awarding  authority) 

(a)  The  undersigned  proposes  to  furnish  all  the  labor  and  materials 

required  for  the  construction  of 

on Street, (city), 

Massachusetts,  for (owner), 

in  accordance  with  the  accompanying  plans,  specifications  and  addenda 

numbered prepared  by (name), 

of (address),    for    the    sum    specified    below, 

subject  to  additions  and  deductions  according  to  the  specifications 
and  in  all  respects  according  to  the  terms  thereof. 

(6)  The  undersigned  agrees  that  he  will  within  five  days,  Sundays 
and  holidays  excluded,  after  presentation  thereof  by  the  awarding 
authority,  execute  the  contract  and  furnish  a  performance  bond  and 
also  a  labor  and  materials  or  payment  bond,  each  of  a  surety  company 
qualified  to  do  business  under  the  laws  of  the  commonwealth  and 
satisfactory  to  the  awarding  authority  and  each  in  the  sum  of  at  least 
fifty  per  cent  of  the  contract  price,  the  premiums  for  which  are  to  be 
paid  by  the  general  contractor  and  are  included  in  the  contract  price. 

(c)  The  proposed  contract  sum  is 

dollars  ($ ). 

(d)  The  subdivision  of  the  proposed  contract  sum  is  as  follows:  — 
Item  1.     The  work  of  the  general  contractor,  being  all  work  other 

than  that  covered  by  the  following  item  two 

dollars  ($ ). 

Item  2.     Sub-bids  as  follows :  — 

Bidder  Amount 

(1) 

(2) 

Etc 

Total  of  Item  2  $ 

The  undersigned  agrees  that  the  list  of  sub-bidders  represents  bona 
fide  bids  based  on  the  plans  and  specifications,  made  in  good  faith  to  the 
bidder,  and  are  hereby  submitted,  and  that,  if  the  undersigned  is  awarded 
the  contract,  they  will  be  used  for  the  work  indicated,  at  the  amounts 
stated,  if  satisfactory  to  the  awarding  authority. 

The  undersigned  agrees  that  if  he  is  selected  as  general  contractor 
he  will  promptly  confer  with  the  awarding  authority  on  the  question 
of  sub-bidders  and  that  the  awarding  authority  may  substitute  for  any 
sub-bids  listed  above,  the  names  and  amounts  of  sub-bids  as  submitted 
for  this  work  and  filed  with  the  awarding  authority,  as  required  by  the 
notice  to  bidders,  against  whose  standing  and  ability  the  undersigned 
makes  no  objection,  and  that  he  will  use  all  such  finally  selected  sub- 
bidders  at  the  amounts  so  named  and  be  in  every  way  as  responsible 
for  them  and  their  work  as  if  they  had  been  originally  named  in  this 
bid,  the  total  contract  price  being  adjusted  to  conform  thereto. 


Acts,  1954. —  Chap.  645.  647 

Date 

(Name  of  Firm) 


By. 


(Title) 

(Business  Address) 

(City  and  State)  ' 


Note.  —  If  the  bidder  is  a  corporation,  indicate  state  of  incorporation 
under  signature,  and  affix  corporate  seal;  if  a  partnership,  give  full 
names  and  residential  addresses  of  all  partners;  and  if  an  individual, 
give  residential  address  if  different  from  business  address. 

(H)  A  bid  form  containing  the  following  provisions  must 
be  submitted  by  subcontractors  submitting  bids  on  classes 
of  work  listed  under  item  two. 


Bid  Form  for  Subcontractors. 

To 

(general  contractor) 

(a)  The  undersigned  proposes  to  furnish  all  labor  and  materials 
required  for  the  completion  of  all  the  work  specified  under  the  sub- 
heading   Section  No 

in  accordance  with  the  plans,  specifications  and  addenda  numlsered 

,  prepared  by 

for , 

located  on Street, (city), 

(state),  for (owner), 

for  the  contract  sum  of 

dollars  (S ). 

(6)  The  names  of  all  sub-bidders  furnishing  labor  and  materials 
included  in  the  above  proposal  and  the  amounts  of  their  bids  are  as 
follows:  — 

Name Amount 

Name Amount 


(c)  The  undersigned  agrees  that  the  above  list  .of  subcontractors 
represents  bona  fide  bids  based  on  the  plans  and  specifications,  made 
in  good  faith  to  this  bidder,  and  are  hereby  submitted,  and  that,  if  the 
undersigned  is  awarded  the  contract,  they  will  be  used  for  the  work 
indicated,  at  the  amounts  stated,  if  satisfactory  to  the  awarding  au- 
thority. 

id)  The  undersigned  further  agrees  to  be  bound  to  the  general  con- 
tractor by  the  terms  of  the  general  conditions,  drawings  and  specifi- 
cations, and  to  assume  toward  him  all  the  obligations  and  responsibilities 
that  he,  by  those  documents,  assumes  toward  the  owner. 

The  undersigned  offers  the  following  information  as  evidence  of  his 
qualifications  to  perform  the  work  as  bid  upon  according  to  all  the 
requirements  of  the  plans  and  specifications :  — 

1.  Have  been  in  business  under  present  business  name 

years. 

2.  Ever  failed  to  complete  any  work  awarded? 

3.  List  one  or  more  recent  buildings  with  names  of  general  contractor 
and  architect  on  which  you  served  as  subcontractor  for  work  of  similar 
character  as  required  for  the  above-named  building. 


General  Amount  of 

Building  Architect  Contractor  Contract 


(a). 


648 


Acts,  1954. —  Chap.  646. 


G.  L.  (Ter. 
Ed.),  149, 
new  §  44E, 
added. 

Enforcement 
powers  of 
department. 


4.     Bank  reference. 

Note.  —  The  sub-bidder  may  add  the  following  information  in  filing 
copy  of  his  bid  with  the  awarding  authority.  If  such  information  is 
not  so  submitted,  it  shall  be  understood  that  his  proposal  is  available 
for  use  with  whatever  general  contractor  is  selected. 

The  above  proposal  is  being  sent  to  the  following  general  bidders: 

The  proposal  may  not  be  used  by  any  other  general  contractor 
without  the  consent  of  the  undersigned. 
Date 

(Name  of  Firm) 

By 

(Title) 

(Business  Address) 

(City  and  State) 
Note.  —  If  the  bidder  is  a  corporation,  indicate  state  of  incorporation 
under  signature,  and  afiix  corporate  seal;    if  a  partnership,  give  full 
names  and  residential  addresses  of  all  partners;    and  if  an  individual, 
give  residential  address  if  different  from  business  address. 

Section  4.  Said  chapter  149  is  hereby  further  amended 
by  inserting  after  section  44D,  added  by  chapter  480  of 
the  acts  of  1939,  the  following  section:  —  Section  44^.  The 
department  shall  enforce  sections  forty-four  A  to  forty- 
four  D,  inclusive,  and  shall  have  all  necessary  powers  to  re- 
quire compliance  therewith,  including  proceedings  in  the 
superior  court  to  restrain  the  awarding  and  performance  of 
all  contracts  covered  by  said  sections. 

Section  5.  This  act  shall  not  apply  to  any  contract 
awarded  pursuant  to  any  invitation  for  bids  issued  on  or 
before  the  date  it  takes  effect,  or  to  any  persons  or  bonds  in 
respect  of  any  such  contract.         Approved  June  10,  1954. 


Chap.Q4:6  An  Act  relative  to  the  care  and  protection  of  chil- 
dren, and  relative  to  the  advisory  board  of  the  de- 
partment OF  public  welfare. 


G.  L.  (Ter. 
Ed.\  119, 
§§  1-51,  etc., 
stricken  out 
and  §§  1-39, 
inserted. 

Declaration 
of  policy. 


Purpose  of 
chapter. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  119  of  the  General  Laws  is  hereby 
amended  by  striking  out  sections  1  to  51,  inclusive,  as 
amended,  and  inserting  in  place  thereof  the  following  thirty- 
nine  sections:  —  Section  1.  It  is  hereby  declared  to  be  the 
policy  of  this  commonwealth  to  direct  its  efforts,  first,  to 
the  strengthening  and  encouragement  of  family  life  for  the 
protection  and  care  of  children;  to  assist  and  encourage  the 
use  by  any  family  of  all  available  resources  to  this  end;  and 
to  provide  substitute  care  of  children  only  when  the  family 
itself  or  the  resources  available  to  the  family  are  unable  to 
provide  the  necessary  care  and  protection  to  insure  the 
rights  of  any  child  to  sound  health  and  normal  physical, 
mental,  spiritual  and  moral  development. 

The  purpose  of  this  chapter  is  to  insure  that  the  children 
of  the  commonwealth  are  protected  against  the  harmful 


Acts,  1954. —  Chap.  646.  649 

effects  resulting  from  the  absence,  inability,  inadequacy  or 
destructive  behavior  of  parents  or  parent  substitutes,  and  to 
assure  good  substitute  parental  care  in  the  event  of  the  ab- 
sence, temporary  or  permanent  inability  or  unfitness  of 
parents  to  provide  care  and  protection  for  their  children 
This  chapter  shall  not  apply  to  a  private  school  furnishing 
board  and  lodging  to  pupils  and  approved  as  provided  in 
section  one  of  chapter  seventy-six,  or  to  camps  conducted 
for  children  during  the  summer  months. 

Section  2.    Sections  one  to  thirty-nine,  inclusive,  shall  be  Liberal  con- 
liberally  construed  to  accompHsh  the  purposes  sought.  required! 

Section  3.    The  following  words  and  phrases  when  used  in 
sections  one  to  thirty-nine,  inclusive,  shall,  unless  the  con 
text  otherwise  requires,  be  construed  as  follows :  — 

"Department",  shall  mean  the  department  of  public  wel-  Definitions. 
fare. 

"Division",  shall  mean  the  division  of  child  guardianship 
of  the  department  of  pubhc  welfare. 

"Parent",  means  mother  or  father,  unless  specified  parent 
as  defined  under  section  one  of  chapter  one  hundred  and 
eighteen. 

"Advisory  Board",  means  the  department  advisory  board. 

"Custody",  shall  include  the  following  powers:  —  (1)  to 
determine  the  child's  place  of  abode,  medical  care  and  edu- 
cation; (2)  to  control  visits  to  the  child;  (3)  to  consent  to 
enlistments,  marriages  and  other  contracts  otherwise  re- 
quiring parental  consent.  In  the  event  that  the  parent  or 
guardian  shall  object  to  the  carrying  out  of  any  power  con- 
ferred by  this  paragraph,  said  parent  or  guardian  may  make 
application  to  the  committing  court  and  said  court  shall  re- 
view and  make  an  order  on  the  matter. 

"Evidence",  shall  be  admissible  according  to  the  rules 
of  the  common  law  and  the  General  Laws  and  may  include 
reports  to  the  court  by  any  person  who  has  made  an  investi- 
gation of  the  facts  relating  to  the  welfare  of  the  child  and 
is  qualified  as  an  expert  according  to  the  rules  of  the  common 
law  or  by  statute  or  is  an  agent  of  the  department  or  of  an 
approved  charitable  corporation  or  agency  substantially 
engaged  in  the  foster  care  or  protection  of  children.  Such 
person  may  file  with  the  court  in  a  proceeding  under  said 
sections  a  report  in  full  of  all  the  facts  obtained  as  a  result 
of  such  investigation.  The  person  reporting  may  be  called 
as  a  witness  by  any  party  for  examination  as  to  the  state- 
ments made  in  the  report.  Such  examination  shall  be  con- 
ducted as  though  it  were  on  cross-examination. 

Section  4.    Any  person,  other  than  a  relative  by  blood  or  Maintenance 
marriage,  who,  for  hire,  gain  or  reward,  receives  or  has  under  entlost'e^r'^'^' 
his  care  or  control  any  child  under  sixteen  years  of  age,  of  ^^j^^j.^^"" 
whom  he  is  not  the  legal  guardian,  for  purposes  of  giving  when  deemed. 
such  child  a  home,  or  for  board  or  for  adoption,  shall  be 
deemed  to  maintain  an  independent  foster  home  for  children, 
unless  such  child  was  placed  in  his  care  by  the  department, 
or  a  pubhc  or  private  social  agency  which  has  been  author- 


650 


Acts,  1954. —  Chap.  646. 


Notice  to 
department. 


Permit  for 
miiintenance 
of  such  home, 
required,  etc. 


Appeal  to 
district 
court  upon 
revocation 
of  permit. 

Placement  of 
certain 
children, 
regulated. 


Exception. 


Duty  of  per- 
son placing 
child. 


Visits  by 

department, 

required. 


ized  by  the  department  to  place  children  under  sections  four- 
teen to  twenty-two,  inclusive.  Within  two  days  after  re- 
ceiving such  a  child,  such  persons  shall  give  written  notice 
to  the  department  of  the  date  and  the  terms  upon  which 
such  child  was  received,  with  the  name,  age  and  birthplace 
of  the  child,  name  and  address  of  its  parents,  and  the  name 
and  address  and  relationship  of  the  person  from  whom  the 
child  was  received.  Within  two  days  after  the  discharge  or 
adoption  of  such  a  child,  the  person  shall  give  written  notice 
to  the  department  in  the  form  prescribed  by  the  department. 

Section  5.  No  person  shall  maintain  an  independent 
foster  home  for  children  unless  such  person  has  been  issued 
a  permit  therefor  by  the  department.  The  notice  to  the  de- 
partment required  under  section  four  shall  be  deemed  to  be 
an  application  for  such  a  permit.  The  department  shall  issue 
a  permit  to  any  person  whom  it  finds  suitable  to  maintain  a 
foster  home  for  children,  and  may  revoke  the  same  upon 
violation  of  any  provision  of  this  chapter  or  any  of  the  rules 
and  regulations  of  the  department  relative  to  maintaining 
an  independent  foster  home  or  for  failure  properly  to  pro- 
vide for  a  child  in  his  care;  provided,  however,  that  such 
person  shall  have  the  right  of  appeal  to  a  district  court  from 
the  ruling  or  decision  of  said  department. 

Section  6.  No  person  other  than  a  parent,  as  defined  in 
section  one  of  chapter  one  hundred  and  eighteen,  shall  place 
any  child  under  sixteen  years  of  age  of  whom  he  is  not  the 
legal  guardian  in  the  care  or  control  of  any  other  person  not 
related  to  such  child  by  blood  or  marriage  for  purposes  of 
giving  such  child  a  home,  or  for  board,  or  for  adoption. 
Whenever  a  parent  or  legal  guardian  of  such  a  child  places 
the  child  under  the  care  or  control  of  another  person  not  re- 
lated by  blood  or  marriage  to  the  child  for  hire,  gain  or  re- 
ward, written  notice  to  the  department  shall  be  given 
within  two  days  thereafter  of  the  date  and  terms  upon 
which  such  child  was  placed,  with  the  name,  age  and  birth- 
place of  the  child,  name  and  address  of  its  parents,  and  the 
name  and  address  of  the  person  with  whom  the  child  was 
placed;  and,  upon  request  of  the  department,  shall  give 
further  information  and  render  such  further  reports  as  may 
be  required  concerning  such  child.  This  section  shall  not 
apply  to  the  placement  of  children  by  the  department  or 
any  public  or  private  agency  authorized  by  the  department 
to  place  children  under  sections  fourteen  to  twenty-two, 
inclusive. 

Section  7.  A  person  receiving  or  placing  a  child  for 
board,  or  for  giving  it  a  home,  or  for  adoption  as  described 
in  sections  one  to  six,  inclusive,  shall  give  true  answers,  so 
far  as  his  knowledge  extends,  and  upon  any  prosecution,  a 
defendant  who  relies  in  defence  upon  the  relationship  of  any 
said  child  to  himself  shall  have  the  burden  of  proof  thereof. 

Section  8.  The  department  may  visit  any  independent 
foster  home  for  children  and  shall  visit  at  least  annually  any 
home  where  two  or  more  unrelated  children  are  boarded  for 


Acts,  1954. —  Chap.  646.  651 

financial  consideration.  Upon  receipt  of  notice  or  any  in- 
formation of  the  placement  or  reception  of  a  child  described 
in  sections  one  to  seven,  inclusive,  an  agent  of  the  depart- 
ment may  enter  without  actual  force  any  building  or  room 
where  such  cliild  is  sheltered  and  maintained,  and  may  in- 
vestigate the  case  and  make  such  recommendations  as  are 
deemed  expedient. 

Section  9.  An  agent  may  be  authorized  by  the  depart-  de^'^^r'tme^nt^ 
ment  to  remove  such  child  to  its  care  if  in  its  judgment  the  in  certain 
welfare  of  the  child  or  its  protection  from  neglect  or  abuse  '"'^®^' 
so  require.  An  agent  who  is  refused  such  entry,  or  who  is 
hindered  in  the  removal  of  such  child,  may  make  complaint, 
on  oath,  to  a  justice  of  the  court  having  jurisdiction,  who 
may  thereupon  issue  a  warrant  authorizing  him  to  obtain 
sufficient  aid,  and  at  any  reasonable  time  enter  the  building 
designated,  and  any  part  thereof,  to  investigate  the  treat- 
ment and  condition  of  a  child  found  there  and  to  remove 
such  child  as  herein  provided.  The  department  shall  take 
such  child  temporarily  into  its  care  and  forthwith  notify 
the  child's  parent  or  legal  guardian,  and  shall,  upon  re- 
quest, discharge  such  child  to  its  parent  or  legal  guardian. 
If  the  parent  or  legal  guardian  is  unable  or  refuses  to  make 
suitable  provisions  for  the  child,  the  department  shall  make 
lawful  provisions  for  its  care  under  section  twenty-three  or 
twenty-four. 

Section  10.  The  department,  upon  being  authorized  by  Same  subject. 
a  court  of  competent  jurisdiction  and  subject  to  revocation 
of  such  authority,  may  notify  any  person  to  whom  a  permit 
has  been  refused,  or  whose  permit  has  been  revoked,  or  from 
whose  care  a  child  has  been  removed,  that  no  child  of  which 
he  is  not  the  legal  guardian  shall  be  received  or  maintained 
by  him  even  for  a  temporary  period  without  specific  written 
authorization  by  the  department. 

Section  11.     No  person  shall  cause  to  be  pubhshed  in  a  Publication 
newspaper  circulated  in  the  commonwealth  an  advertise-  menlTeeking 
ment  or  notice  for  the  placement  or  reception  of  a  child  placement, 

I  •     ,  r  c        1  IP  •■•ii  etc.,  of  cer- 

under  sixteen  years  oi  age  tor  board,  tor  givmg  it  a  home,  or  tain  children, 
for  adoption  unless  such  advertisement  is  placed  by  the  de-  regulated, 
partment,  a  pubhc  or  private  agency  authorized  by  the  de- 
partment under  sections  fourteen  to  twenty-two,  inclusive, 
or  an  independent  foster  home  for  children  hcensed  under 
section  five,  or  unless  with  the  written  approval  of  the  de- 
partment. 

Section  12.    The  department  shall  adopt  rules  and  regu-  Rules  and 
lations  relative  to  independent  foster  homes  for  children.  refa«ve"to^ 
The  rules  and  regulations  adopted  by  the  department  shall  independent 
be  subject  to  review  and  approval  by  the  advisory  board  for  children.* 
and  may  include,  among  others,  provisions  governing  the 
standards  of  care  for  such  children;    provisions  relative  to 
the  issuance  of  permits  to  maintain  foster  homes  for  children 
and  the  renewal  terms  thereof;   provisions  for  exemption  of 
certain  placements  where,  in  the  opinion  of  the  department, 
the  best  interests  of  the  child  shall  be  served;  provisions  re- 


652 


Acts,  1954. —  Chap.  646. 


Penalty. 


Definition  of 
a  children's 
foster  care 
agency. 


License 
required. 

Purpose  of 

license, 

stated. 


Term  of 
license. 


Power  of 
department 
to  establish 
standards, 
etc. 


Initial 

provisional 

license. 


Conditions 
for  issuance 
of  license. 


Revocation 
or  renewal  of 
such  licenses, 
regulated. 


quiring  reporting  of  information  by  persons  who  have  such 
children  under  their  care  and  control;  provisions  relative  to 
the  number  of  children  who  may  be  cared  for  at  any  time; 
and  provisions  relative  to  the  standards  of  health,  sanita- 
tion, safety  and  fire  prevention,  which  shall  be  required  in 
any  place  where  such  children  are  maintained. 

Section  13.  Whoever  wilfully  violates  any  of  the  pro- 
visions of  sections  one  to  twelve,  inclusive,  shall  be  punished 
by  a  fine  of  not  more  than  five  hundred  dollars. 

Section  I4.  Any  agency,  institution,  organization,  cor- 
poration or  group  of  persons  receiving  for  care  any  child 
under  sixteen  years  of  age  for  the  purpose  of  substituting 
for  rearing  by  the  child's  parents  as  defined  in  section  one 
of  chapter  one  hundred  and  eighteen  through  (1)  offering 
group  care,  maintenance,  training  or  supervision,  notwith- 
standing the  fact  that  such  care  may  include  educational 
instruction,  or  (2)  offering  placement  of  said  child  in  private 
family  homes  for  boarding,  adoption  or  other  family  care, 
shall  be  deemed  to  be  a  children's  foster  care  agency. 

Section  15.  No  children's  foster  care  agency  may  oper- 
ate unless  hcensed  to  do  so  by  the  department. 

Section  16.  The  purpose  of  such  hcensing  and  subsequent 
sections  relating  to  it  shall  be  to  insure  maintenance  of  ade- 
quate standards  of  foster  care  for  children,  encouragement 
and  assistance  toward  maximum  standards,  and  the  devel- 
opment of  sufficient  and  adequate  facilities  for  child-care 
through  joint  work  of  pubUc  and  private  agencies  for  child- 
care. 

Section  17.  Such  licenses  shall  be  in  force  for  three  years 
from  the  date  of  issuance  unless  revoked  under  section 
twenty-one  and  shall  be  renewable  on  application. 

Section  18.  The  department  shall  have  the  power  to  set 
standards  necessary  for  such  licenses  and  make  other  neces- 
sary rules  and  regulations  relative  to  such  licensing  subject 
to  review  and  approval  by  the  advisory  board.  In  defining 
and  revising  said  standards  the  department  shall  consult 
with  and  utilize  the  experience  of  representative  private 
children's  foster  care  agencies. 

Section  19.  An  initial  provisional  license  may  be  granted 
to  agencies  providing  foster  care  for  children  in  existence 
on  the  effective  date  of  this  section  for  a  three  year  period 
pending  development  by  the  agency  as  agreed  upon  with  the 
department  to  meet  the  established  standards,  rules  and 
regulations. 

Section  20.  Licenses  shall  be  issued  only  when  study  by 
the  division  demonstrates  that  said  agency  is  operating  in 
conformity  with  the  standards,  rules  and  regulations  estab- 
lished by  the  department  for  such  agencies. 

Section  21.  If  any  hcensed  or  provisionally  hcensed 
agency  as  defined  above  wilfully  and  substantially  fails  to 
conform  as  provided  for  above,  said  license  or  provisional 
h cense  may  be  revoked  or  renewal  refused.  No  h cense  shall 
be  revoked  or  renewal  refused  unless  the  holder  of  said  h- 


Acts,  1954. —  Chap.  646.  653 

cense  has  been  given  due  notice  of  three  months,  which  notice 
shall  include  a  statement  of  the  grounds  of  such  revocation 
or  refusal  and  the  appeal  procedure  within  the  department. 
The  aggrieved  agency  may,  within  thirty  days  of  such  no- 
tice, appeal  the  decision  to  the  commissioner  who  shall, 
within  thirty  days,  arrange  for  a  departmental  hearing  at 
which  the  facts  involved  from  the  aggrieved  agency  and  the 
department  shall  be  heard,  and  a  finding  made  on  the  basis 
of  the  facts  as  to  whether  or  not  the  revocation  or  refusal 
shall  stand,  and  shall  so  notify  the  aggrieved  agency  within 
thirty  days.  If  the  revocation  or  refusal  is  sustained,  the  Appeal  to 
aggrieved  agency  may  appeal  to  the  superior  court  which  ^^p*'"°'"  <=°'^*- 
shall  hear  the  case  and  finally  determine  whether  hcense 
shall  be  issued. 

Section  22.     Any  agent,  representative  or  officer  of  any  Penalty  for 
agency  providing  foster  care  for  children  who  operates  such  ^thouT^ 
an  agency  without  hcense  shall,  upon  conviction,  be  pun-  license. 
ished  by  a  fine  of  not  more  than  one  hundred  dollars  or  by 
imprisonment  for  not  more  than  one  year,  or  both. 

Section  23.    The  department  shall  have  the  responsibihty  Responsibility 
for  providing  foster  care  for  children  through  its  own  re-  tiplovllT^^^ 
sources  or  by  use  of  appropriate  voluntary  agencies  accord-  foster  care. 
ing  to  the  rules  and  regulations  of  the  department  in  the 
following  instances : 

A.  Upon  the  application  of  a  parent  or  guardian  or  any 
person  acting  in  behalf  of  the  child,  or  of  the  child  himself, 
the  department  may  accept  for  foster  care  any  child  under 
twenty-one  years  who  in  its  judgment  is  in  need  of  foster 
care.  Such  acceptance  shall  entail  no  abrogation  of  parental 
rights  or  responsibilities,  but  the  department  may  accept 
from  parents  a  temporary  delegation  of  certain  rights  and 
responsibilities  necessary  to  provide  the  foster  care  for  a 
period  of  time  under  conditions  agreed  upon  by  both  and 
terminable  by  either. 

B.  The  department  may  accept  from  parents  voluntary 
surrender  of  custody  of  their  children  under  twenty-one 
years  for  purposes  of  giving  consent  for  adoption  under  the 
same  conditions  as  noted  in  paragraph  A  of  this  section. 

C.  The  department  may  seek  and  may  accept  on  order 
of  a  probate  court  the  temporary  or  permanent  guardian- 
ship of  any  child  under  twenty-one  years  who  is  without 
proper  guardianship  due  to  the  death,  unavailabihty  or  in- 
capacity of  the  parent  or  guardian,  or  on  the  consent  of  the 
parent  or  parents.  Such  guardianship  shall  include  the  right 
to  determine  the  child's  place  of  abode,  medical  care,  educa- 
tion; to  control  visits  to  the  child;  to  give  consents  to  en- 
listments, marriages  and  other  contracts  requiring  parental 
consent,  such  guardianship  to  include  the  right  to  consent 
to  adoption  only  when  it  is  expressly  included  in  the  order 
of  the  court. 

D.  The  department  shall  accept  on  commitment  from  the 
Boston  juvenile  court  and  from  any  juvenile  session  of  a 
district  court  of  the  commonwealth  or  from  any  superior 


654 


Acts.  1954.  —  Chap.  646. 


Neglected 
children  may 
be  brought 
into  court 
upon  precept, 
etc. 


Investigation 
and  report 
to  court. 


Hearing  upon 
petition, 
continuance, 
etc. 


Adjudication 
and  commit- 
ment of  child 
to  custody  of 
department. 


civil  court  of  the  commonwealth  any  child  under  sixteen 
years  of  age  declared  in  need  of  foster  care  under  section 
twenty-six. 

E.  Any  child  under  fourteen  years  who  is  left  in  any 
place  and  who  is  seemingly  without  a  parent  or  legal  guardian 
available  shall  be  immediately  reported  to  the  department, 
which  shall  proceed  to  arrange  care  for  such  child  tempo- 
rarily and  shall  forthwith  cause  search  to  be  made  for  parent 
or  guardian.  If  parent  or  guardian  cannot  be  found  or  is 
unable  or  refuses  to  make  suitable  provisions  for  the  child, 
the  department  shall  make  such  lawful  provision  as  seems 
for  the  best  interests  of  such  child  within  the  provisions  of 
this  chapter. 

Section  2J^.  The  Boston  juvenile  court  or  the  juvenile 
sessions  of  any  district  court  of  the  commonwealth,  except 
the  municipal  court  of  the  city  of  Boston,  upon  the  petition 
of  any  person  alleging  on  behalf  of  a  child  under  the  age  of 
sixteen  years  within  the  jurisdiction  of  said  court  that  said 
child  is  without  necessary  and  proper  physical,  educational 
or  moral  care  and  discipline,  or  is  growing  up  under  condi- 
tions or  circumstances  damaging  to  a  child's  sound  charac- 
ter development,  or  who  lacks  proper  attention  of  parent, 
guardian  with  care  and  custody,  or  custodian,  and  whose 
parents  or  guardian  are  unwiUing,  incompetent  or  unavailable 
to  provide  such  care,  may  issue  a  precept  to  bring  such  child 
before  said  court,  shall  issue  a  notice  to  the  department,  and 
shall  issue  summons  to  both  parents  of  the  child  to  show 
cause  why  the  child  should  not  be  committed  to  the  custody 
of  the  department  of  public  welfare  or  other  appropriate 
order  made.  If  after  reasonable  search  no  such  parent  can 
be  found,  summons  shall  be  issued  to  the  child's  lawful 
guardian,  if  any,  known  to  reside  within  the  commonwealth, 
and  if  not,  to  the  person  with  whom  such  child  last  resided, 
if  known.  Upon  the  issuance  of  the  precept  and  order  of 
notice  the  court  shall  appoint  a  person  qualified  under  sec- 
tion three,  to  make  a  report  to  the  court  under  oath  of  an 
investigation  into  conditions  affecting  the  child.  Said  re- 
port shall  then  be  attached  to  the  petition  and  be  a  part  of 
the  record. 

Section  25.  When  such  child  is  taken  into  custody  upon 
said  precept  and  brought  before  said  court,  the  court  may 
then  hear  said  petition,  or  said  petition  may  be  continued 
to  a  time  fixed  for  hearing,  and  the  court  may  allow  the 
child  to  be  placed  in  the  care  of  some  suitable  person  or 
hcensed  agency  providing  foster  care  for  children  or  the 
child  may  be  committed  to  the  custody  of  the  department, 
pending  a  hearing  on  said  petition. 

Section  26.  If  the  child  is  identified  by  the  court  and  it 
appears  that  the  precept  and  summonses  have  been  duly 
and  legally  served,  that  said  notice  has  been  issued  to  the 
department  and  said  report  is  received,  the  court  may  ex- 
cuse the  child  from  the  hearing  and  shall  proceed  to  hear 
the  evidence.    If  the  court  finds  the  allegations  in  the  peti- 


Acts,  1954. —  Chap.  646.  655 

tion  proved  within  the  meaning  of  this  chapter,  it  may  ad- 
judge that  said  child  is  in  need  of  care  and  protection  and 
may  commit  the  child  to  the  custody  of  the  department 
until  he  becomes  twenty-one  years  of  age  or  until  in  the 
opinion  of  the  department  the  object  of  his  commitment 
has  been  accomplished,  whichever  occurs  first;  or  may  make 
any  other  appropriate  order  with  reference  to  the  care  and 
custody  of  the  child  as  may  conduce  to  his  best  interests; 
and  in  appropriate  cases  shall  order  the  parents  or  parent 
of  said  child  to  reimburse  the  commonwealth  or  other 
agency  for  care. 

Section  27.  The  child,  parent,  guardian  or  person  appear-  Appeal  to 
ing  in  behalf  of  such  child,  or  the  department,  may  appeal  s"p«^"°'  <'°"''*- 
from  the  adjudication  of  the  court  to  the  superior  court  sit- 
ting for  civil  business  for  the  county  where  the  hearing  is 
held,  and  also  may  appeal  to  said  court  at  the  time  of  the 
order  of  commitment  in  w^hich  event  the  entire  case  shall  be 
before  said  court  as  if  originally  commenced  therein;  and 
the  child  may  be  committed  to  the  custody  of  the  depart- 
ment or  placed  in  the  care  of  some  suitable  person  or  licensed 
children's  foster  care  agency  pending  determination  of  the 
appeal.  Such  appeal  shall  be  entered  in  the  superior  court 
by  the  court  from  which  the  appeal  is  taken,  without  payment 
of  any  entry  fee,  and  the  superior  court  may  advance  such 
complaint  for  speedy  trial.  The  court  shall  notify  the  child, 
parent,  guardian  or  person  appearing  in  behalf  of  such 
child  of  the  right  of  appeal  at  the  time  of  adjudication  and 
also  at  the  time  of  commitment. 

Section  28.    The  court  by  which  a  child  is  committed  to  Court  order 
the  department  or  placed  in  the  care  of  a  suitable  person  or  from^v^rd^s 
hcensed  children's  foster  care  agency  under  section  twenty-  property 
five,  twenty-six  or  twenty-seven  may  make  an  order  for  the  *"  °"^^  ' 
payment,  by  his  parents  or  by  his  guardian,  out  of  the 
ward's  property,  to  the  department  or  such  person  or  agency 
at  times  to  be  stated  in  the  order,  of  sums  not  exceeding 
the  cost  of  his  support ;  provided,  that  no  order  for  the  pay- 
ment of  money  shall  be  entered  until  the  person  by  whom 
payments  are  to  be  made  shall  have  been  summoned  before 
the  court  and  given  an  opportunity  to  be  heard.    The  court 
from  time  to  time,  upon  petition  by  or  notice  to  the  person 
ordered  to  pay  such  sum  of  money  or  by  the  department, 
may  revise  or  alter  such  order  or  make  a  new  order  as  the 
circumstances  may  require. 

Section  29.    Whenever  a  child  is  before  any  court  under  Counsel, 
sections  twenty-four,  twenty-five,  twenty-six  and  twenty- 
seven  and  has  no  counsel,  any  person  may,  with  the  court's 
approval,  act  for  him. 

Section  30.     If  such  child  has  a  settlement,  and  if  the  Transfer  of 
board  of  pubUc  welfare  of  the  place  of  his  settlement  so  re-  bofrd^of*° 
quests,  the  commitment  may  be  to  its  custody.    The  depart-  public  welfare, 
ment  may  transfer  its  custody  of  any  such  child  who  has  a  ^t^ted^^*^" 
settlement  to  the  board  of  pubUc  welfare  of  the  place  of 
settlement  upon  the  request  of  said  board,  and  such  transfer 


656 


Acts,  1954. —  Chap.  646. 


Powers  of 
said  boards. 


Placement  in 
private  fami- 
lies, preferred. 

Exception. 


Free  exercise 
of  the  reli- 
gious belief 
of  parents, 
guaranteed. 


Transportation 
of  certain 
children  in 
patrol  wagon 
prohibited. 


Penalty. 


shall  thereafter  relieve  the  commonwealth  from  further  lia- 
bility for  his  maintenance. 

Section  31.  Boards  of  public  welfare  shall  have  the  same 
powers  as  to  children  committed  or  transferred  to  their 
custody  as  are  given  to  the  department  as  to  children  in  its 
custody.  Boards  of  public  welfare  may  with  the  approval 
of  the  department  transfer  to  the  department  children  so 
committed  or  transferred,  which  department  shall  have  the 
same  powers  and  duties  as  to  such  children  as  are  given  to 
the  department  as  to  children  committed  to  its  custody. 

Section  32.  Children  in  the  care  or  custody  of  the  de- 
partment shall  be  placed  in  private  famiUes;  provided, 
that  any  child  who  upon  examination  is  found  to  be  in  need 
of  special  care,  treatment  or  education  may,  if  it  is  found  by 
the  department  to  be  in  the  best  interest  of  the  child,  be 
placed  in  a  public  or  private  institution  or  school,  the  pri- 
mary purpose  of  which  is  the  special  care,  treatment  or  edu- 
cation of  children.  The  reasons  for  the  placement  of  any 
such  child  shall  be  entered  in  the  records  of  the  department. 

Section  33.  No  parents  or  surviving  parent  of  any  minor 
child  in  the  care  or  under  the  supervision  of  the  department 
or  of  any  state,  county  or  local  department,  or  of  any  state, 
county  or  local  board  of  trustees,  or  of  any  private  chari- 
table or  child-care  agency,  shall  be  denied  the  right  of  any 
child  of  theirs  to  the  free  exercise  of  the  religious  belief  of  his 
parents  and  the  Uberty  of  worshipping  God  according  to  the 
religion  of  his  parents  or  surviving  parent,  or  of  the  religion 
which  his  parents  professed  if  they  are  both  deceased;  and 
no  minor  child  in  the  care  or  under  the  supervision  of  the 
department  or  of  any  state,  county  or  local  department,  or 
state,  county  or  local  board  of  trustees,  or  of  any  private 
charitable  or  child-care  agency,  shall  be  denied  the  free 
exercise  of  the  religion  of  his  parents,  or  of  his  surviving 
parent,  or  of  his  parents  if  they  are  both  deceased,  nor  the 
hberty  of  worshipping  God  according  to  the  religion  of  his 
parents,  whether  living  or  deceased. 

When  a  child  is  placed  in  family  home  care,  any  of  the 
above  named  departments,  boards  or  agencies,  shall  use  a 
family  home  of  the  same  rehgious  faith  as  that  of  the  child 
unless  sufficient  reason  precludes  this,  which  reason  must 
be  a  part  of  the  record  of  the  child's  care.  The  words  "same 
religious  faith"  shall  in  the  case  of  any  denomination  of  the 
Protestant  religion  include  any  other  denomination  of  the 
same  religion. 

Section  34-  A  child  involved  in  any  proceeding  shall  not 
be  transported  in  a  patrol  wagon  from  his  home  or  from  any 
other  place  to  any  court  or  institution,  but  if  a  conveyance 
is  necessary  shall  convey  him  in  such  other  suitable  vehicle 
as  shall  be  provided  or  designated  by  the  institutions  com- 
missioner in  Boston,  or  by  the  board  of  public  welfare  in  any 
other  town.  Violation  of  this  section  shall  be  punished  by  a 
fine  of  not  less  than  twenty-five  nor  more  than  fifty  dollars 
or  by  imprisonment  for  not  more  than  three  months. 


Acts,  1954.  —  Chap.  646.  657 

Section  35.    If  the  parent  or  guardian  of  a  child  placed  in  information 
charge  of  any  person,  association  or  public  or  private  iristi-  at.outrof'^''' 
tution  by  any  state  department,  town  board,  or  by  any  pub-  child  ^^^^_^ 
lie  or  private  corporation  or  body  of  persons  authorized  by  itf  how°  '^'^' 
law  to  so  place  children,  or  if  one  of  the  next  of  kin  of  an  secured. 
orphan  so  placed  in  charge  and  without  guardian,  is  not, 
upon  request,  informed  by  such  department,   board,   cor- 
poration or  body  of  persons  where  the  child  is,  the  probate 
court  for  the  county  where  such  child  has  his  legal  residence 
may,  upon  petition  of  such  parent,  guardian  or  next  of  kin, 
and  upon  notice,  if  in  its  opinion  the  welfare  of  the  child 
and  the  public  .interest  will  not  be  injured  thereby,  require 
such  department,  board,  corporation  or  body  of  persons  to 
give  the  information  and  permit  the  parent,  guardian  or 
next  of  kin  to  visit  the  child  at  such  times  and  under  such 
conditions  as  the  court  orders;   and  the  court  may  revise  its 
order  or  make  new  orders  or  decrees  as  the  welfare  of  the 
child  and  the  public  interest  may  require. 

Section  36.  No  person  or  institution  shall  bring  or  cause  Bringing 
to  be  brought  into  the  commonwealth,  or  receive  therein,  st'^ateTOT'"*" 
from  any  other  state,  province  or  country,  any  child  for  the  certain 
purpose  of  placing  or  boarding,  or  of  procuring  the  placing  reg'Sated. 
or  boarding  of  such  child,  in  a  family  or  home  within  the 
commonwealth,  with  a  view  to  adoption,  guardianship,  cus- 
tody or  care  by  any  person  other  than  one  related  to  him  by 
blood  or  marriage,  without  first  obtaining  a  permit  therefor 
from  the  department.  Such  a  permit  shall  not  issue  until  a  Permit,  bond, 
written  application  therefor  has  been  filed  with  the  depart-  ^  °' 
ment  on  forms  by  it  prepared,  containing  such  information 
relative  to  such  child  as  the  department  may  require,  ac- 
companied by  an  individual  or  blanket  bond  running  to  the 
commonwealth  in  such  penal  sum  and  with  such  surety  or 
sureties  as  the  department  may  approve,  conditioned  on  the 
following:  —  (1)  that  all  statements  contained  in  such  an 
apph cation  are  true  in  substantial  particulars;  (2)  that  any 
such  child  becoming  a  pubUc  charge  during  his  minority 
shall  be  removed  from  the  state  not  later  than  thirty  days 
after  notice  from  the  department;  (3)  that  such  child  shall 
be  removed  from  the  state  immediately  upon  his  release 
from  any  penal  or  reformatory  institution  or  training  school 
to  which  he  has  been  committed,  within  three  years  of  his 
arrival  within  the  state,  for  juvenile  dehnquency  or  crime; 
(4)  that  such  child  shall  be  placed  or  boarded  under  such 
agreement  as  will  secure  to  him  a  proper  home  and  sur- 
roundings, and  as  will  render  his  custodian  responsible  for 
his  proper  care,  education  and  training,  under  adequate 
supervision  and  subject  to  annual  visitation  by  an  agent; 
and  (5)  that  such  reports  relative  to  the  child  shall  be  made 
to  the  department  as  it  may  require.  In  case  of  a  breach  of 
any  condition  of  such  a  bond,  the  attorney  general,  upon  re- 
quest of  the  department,  shall  put  the  bond  in  suit,  and  the 
commonwealth  or  any  city  or  town  thereof  shall  be  reim- 
bursed from  the  proceeds  for  any  expense  incurred  by  rea- 


658 


Acts,  1954. —  Chap.  646. 


Penalty. 


Rules  and 
regulations. 


Advisory 
boRrd,  control 
thereof. 


Hearings  to 
be  closed  to 
general  public. 


Penalty  for 
abandonment 
of  infant,  etc. 


G.  L.  (Ter. 
Ed.),  18, 
§  2,  etc.. 
amended. 

Organization 
of  department 
of  public 
welfare. 

Commissioner, 
advisory 
board,  etc. 


G.  L.  (Ter. 
Ed.).  18, 
§  3,  etc., 
amended. 


Membership 
of  advisory 
board. 


son  of  a  breach  of  any  such  condition.  Violation  of  this 
section  shall  be  punished  by  a  fine  of  not  more  than  one 
hundred  dollars  or  by  imprisonment  for  not  more  than  six 
months,  or  both. 

Sectio7i  37.  The  department  shall  make  rules  and  regu- 
lations concerning  the  administration  of  its  duties  under 
these  sections,  which  rules  and  regulations  shall  be  reviewed 
and  approved  by  the  advisory  board.  Such  rules  and  regu- 
lations shall  be  subject  to  review  and  change  from  time  to 
time  by  the  advisory  board. 

Section  38.  All  hearings  under  sections  one  to  thirty- 
seven,  inclusive,  shall  be  closed  to  the  general  public  and  it 
shall  be  unlawful  to  publish  the  names  of  persons  before  the 
court  in  any  hearing  provided  for  therein,  except  under  sec- 
tion twenty-one. 

Section  39.  Whoever  abandons  an  infant  under  the  age 
of  ten  within  or  without  any  building,  or,  being  its  parent, 
or  being  under  a  legal  duty  to  care  for  it,  and  having  made 
a  contract  for  its  board  or  maintenance,  absconds  or  fails  to 
perform  such  contract,  and  for  four  weeks  after  such  ab- 
sconding or  breach  of  his  contract,  if  of  sufficient  physical 
and  mental  ability,  neglects  to  visit  or  remove  such  infant 
or  notify  the  board  of  pubhc  welfare  of  the  town  where  he 
resides  of  his  inability  to  support  such  infant,  shall  be  pun- 
ished by  imprisonment  in  a  jail  or  house  of  correction  for 
not  more  than  two  years;  or,  if  the  infant  dies  by  reason  of 
such  abandonment,  by  imprisonment  in  a  jail  or  house  of 
correction  for  not  more  than  two  and  one  half  years  or  in 
the  state  prison  for  not  more  than  five  years. 

Section  2.  Chapter  18  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  2,  as  most  recently  amended 
by  section  1  of  chapter  602  of  the  acts  of  1952,  and  insert- 
ing in  place  thereof  the  following  section :  —  Section  2.  The 
department  shall  be  under  the  supervision  and  control  of  a 
commissioner  of  pubUc  welfare,  who  shall  be  its  executive 
and  administrative  head,  and  an  advisory  board  consisting 
of  fifteen  appointive  members,  of  whom  five  shall  be  women. 
At  least  five  members  shall  be  persons  with  special  ex- 
perience and  interest  in  child  welfare,  and  the  five  persons 
having  such  special  experience  and  interest  shall  be  a  sub- 
committee whose  special  responsibihty  shall  be  to  review 
and  advise  the  board  with  respect  to  the  program,  policies, 
rules  and  regulations  of  the  division  of  child  guardianship. 
The  commissioner  shall  receive  such  salary,  not  exceeding 
ten  thousand  dollars,  as  the  governor  and  council  determine. 
Upon  the  expiration  of  his  term  of  office,  his  successor  shall 
be  appointed  for  five  years  by  the  governor,  with  the  advice 
and  consent  of  the  council. 

Section  3.  Section  3  of  said  chapter  18,  as  amended  by 
section  2  of  said  chapter  602,  is  hereby  further  amended  by 
striking  out,  in  fine  1,  the  word  "Three"  and  inserting  in 
place  thereof  the  word:  —  Five,  —  so  as  to  read  as  follows: 
—  Section  8.    Five  members  of  the  advisory  board  shall  be 


Acts,  1954.  —  Chap.  647.  659 

appointed  annually  by  the  governor,  with  the  advice  and 
consent  of  the  council,  for  three  years  each.  The  members 
shall  receive  no  compensation,  but  shall  be  reimbursed  for 
their  actual  necessary  expenses  incurred  in  the  performance 
of  their  official  duties.  Approved  June  10,  1954. 


An  Act  relative  to  the  control  and  eradication  of  Chap. 64:7 

BRUCELLOSIS   IN    BOVINE   ANIMALS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  129  of  the  General  Laws  is  hereby  g-,^{Jj'"- 
amended  by  striking  out  section  33B,  as  amended  by  chap-  §  ssb.  etc.. 
ter  96  of  the  acts  of  1934,  and  inserting  in  place  thereof  the  amended. 
following  section :  —  Section  S3B.    The  director  may,  upon  ^^^^^^'^°^i^ 
application  to  him  by  not  less  than  seventy-five  per  cent  of  the'^con'troi 
the  cattle  owners  owning  cattle  permanently  kept  in  any  t^no?'^'"^' 
city  or  town,  or  upon  hke  apphcation  by  the  owners  of  bruceUosis 
eighty-five  per  cent  of  such  cattle,  declare  said  city  or  town  'animlis. 
a  quarantine  area  and  may  proceed  to  test  by  an  approved 
test  for  brucellosis  or  by  the  tuberculin  test  or  otherwise  all 
bovine  animals  within  said  area.    Whenever  not  less  than 
eighty-five  per  cent  of  the  cattle  permanently  kept  in  the 
commonwealth  are  being  tested  for  brucellosis  or  bovine 
tuberculosis  under  the  supervision  of  the  director  or  of  the 
appropriate  federal  officials,  the  director  may  declare  the 
entire  commonwealth  to  be  a  quarantine  area  and  may  pro- 
ceed to  test  by  an  approved  test  for  brucellosis  or  by  the 
tubercuhn  test  or  otherwise  all  bovine  animals  within  the 
commonwealth.    If  the  director  finds  and  declares  that  such 
a  city  or  town  or  the  commonwealth,  as  the  case  may  be,  is 
substantially  free  from  brucellosis  or  bovine  tuberculosis,  he 
may  proclaim  it  to  constitute  a  modified  accredited  area  and 
may  prescribe  rules  and  regulations,  subject  to  the  approval 
of  the  governor  and  council,  prohibiting  the  shipment  or 
transportation  into  the  same  of  any  bovine  animals  without 
a  permit  and  health  certificate  issued  by  the  director  or  some 
officer  designated  by  the  director  for  the  purpose.    Whoever  Penalty. 
violates  the  terms  and  conditions  of  any  such  quarantine  or 
any  such  rule  or  regulation  shall  be  punished  by  a  fine  of 
not  more  than  five  hundred  dollars  or  by  imprisonment  for 
not  more  than  one  year,  or  both. 

Section  2.    Said  chapter  129  is  hereby  further  amended  %^\  ^Jg'" 
by  striking  out  section  36B,  as  most  recently  amended  by  Ij^g^^jg^^j*'- 
chapter  518  of  the  acts  of  1952,  and  inserting  in  place  thereof  '"^''° 
the  following  section :  — <Sedzon  S6B.     The  director  shall  Jf%Tivef°'' 
cause  all  calves  to  be  vaccinated  against  brucellosis,  com-  ^f^j.°ffQgjg 
monly  known  as  Bang's  disease,  when  they  are  between  the  required, 
ages  of  four  and  eight  months,  except  calves  in  those  herds 
under  the  state  and  federal  co-operative  herd  test  plan,  also  Exception. 
known  as  the  test  and  slaughter  method,  which  calves  need 
not  be  vaccinated  unless  the  owner  desires.    Calves  shall  be 
vaccinated  by  an  approved  ficensed  veterinarian  designated 


660 


Acts,  1954. —  Chap.  647. 


Penalty  for 
dealing  in 
infected 
animals. 


G.  L.  (Ter. 
Ed.),  129, 
new  §§  36D, 
36E, added. 

Transporta- 
tion, sale, 
etc.  of  cattle, 
regulated. 


by  the  director  and  only  with  vaccine  produced  at  estab- 
lishments licensed  under  the  Federal  Virus-Serum-Toxin 
Act,  or  at  establishments  in  the  commonwealth  approved  by 
the  director  and  the  expense  thereof  shall  be  borne  by  the 
commonwealth.  Such  service  shall  be  rendered  not  more 
than  three  times  in  any  calendar  year  to  the  same  owner. 
The  director  shall  make  the  necessary  rules  for  the  handling 
of  the  vaccine  and  the  method  of  vaccination.  Any  person 
refusing  to  have  his  calves  vaccinated  shall  not  be  permitted 
to  move  any  of  his  cattle  from  his  premises  except  for  slaugh- 
ter, unless  such  cattle  react  negatively  to  an  approved  blood 
test  for  brucellosis.  Each  veterinarian  shall  make  a  report 
of  all  animals  vaccinated  by  him  on  forms  furnished  by  the 
director.  The  commonwealth  shall  not  be  hable  for  any 
damages  incurred  or  alleged  to  have  been  incurred  by  the 
use  of  any  vaccine.  Whenever  any  hvestock  are  tested  for 
brucellosis  and  determined  to  react  positively  to  such  tests, 
or  are  vaccinated  against  brucellosis,  the  owner  of  the  live- 
stock shall  cause  them  to  be  permanently  identified  in  ac- 
cordance with  regulations  prescribed  by  the  director.  It 
shall  be  unlawful  for  any  person  to  transport  or  offer  for 
transportation  any  unvaccinated  bovine  animal  over  six 
months  of  age,  and  any  vaccinated  bovine  animal  over 
thirty  months  of  age,  that  has  been  tested  for  brucellosis 
and  has  reacted  positively  to  such  tests,  except  (a)  livestock 
moved  under  permit  issued  by  the  director  to  places  where 
state  or  federal  livestock  disease-control  inspection  is  main- 
tained for  immediate  slaughter;  or  {h)  Hvestock  owned  by 
farmers  and  moved  under  same  ownership  identified  pur- 
suant to  this  act  and  moved  under  permit  issued  by  the 
director  only  to  a  herd  in  which  brucellosis  has  been  deter- 
mined by  the  director  to  exist. 

Any  person,  firm  or  corporation  who  buys,  sells  or  trans- 
ports an  animal  known  to  be  positive  to  an  approved  test 
for  brucellosis,  except  animals  under  thirty  months  of  age 
which  were  vaccinated  between  the  ages  of  four  and  eight 
months  and  accompanied  by  an  official  record  of  vaccination, 
or  except  unvaccinated  animals  less  than  six  months  of  age, 
or  except  animals  for  immediate  slaughter,  or  except  animals 
moving  under  clause  (6)  shall  be  fined  not  more  than  two 
hundred  dollars  for  each  animal  bought,  sold,  or  transported. 

Section  3.  Said  chapter  129  is  hereby  further  amended 
by  inserting  after  section  36C  the  following  two  sections :  — 
Section  S6D.  No  person  shall  transport  or  offer  for  trans- 
portation, or  buy  or  sell,  cattle,  except  for  immediate 
slaughter  unless  such  cattle  either  (1)  have  been  tested  for 
brucellosis  by  prescribed  methods  within  thirty  days  im- 
mediately prior  to  date  of  buying,  selling  or  transporting 
and  found  negative  in  the  latest  of  such  tests ;  or  (2)  originate 
in  a  certified  brucellosis-free  herd  at  time  of  sale  or  offer  for 
transport;  or  (3)  are  under  thirty  months  of  age  and  have 
been  officially  vaccinated  between  four  and  eight  months  of 
age;  or  (4)  are  under  six  months  of  age. 


Acts,  1954. —  Chap.  648.  661 

Section  36E.     No  person  shall  import  into  the  common-  importation 
wealth  livestock  over  six  months  of  age  without  an  official  wealth™™"''' 
certificate  of  vaccination  stating  such  livestock  to  have  been  J?^^®^'^"^';'^' 
officially  vaccinated  for  brucellosis  between  four  and  eight 
months  of  age. 

Section  4.     Section  one  of  this  act  shall  take  effect  on  Effective 
January  first,  nineteen  hundred  and  fifty-eight,  and  section  '^'**^^- 
three  shall  take  effect  on  January  first,  nineteen  hundred 
and  sixty.  Appi'oved  June  10,  1954- 

An  Act  providing  for  the  filing  of  joint  returns  and  Chav.Q4:S 

FOR  the  extension  OF  TIME  FOR  FILING  OF  RETURNS 
AND  PAYMENT  OF  TAX  UNDER  THE  PERSONAL  INCOME 
TAX   LAW. 

Whereas,  The  deferred  operation  of  this  act  would  tend  pr™ambi°°^ 
to  defeat  its  purpose,  which  is  in  part  to  enable  the  com- 
missioner of  corporations  and  taxation  to  grant  forthwith 
certain  extensions  of  time  for  filing  tax  returns  and  payments 
of  taxes,  and  where  additional  time  is  granted  for  the  pay- 
ment of  taxes,  to  abate  interest  occasioned  by  such  delayed 
payment,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  22  of  chapter  62  of  the  General  ^j^;  ^2f§  22, 
Laws  is  hereby  amended  by  adding  at  the  end  the  following  amended. 
paragraph:  — 

Where  a  husband  and  wife  were  at  the  close  of  the  pre-  Joint  income 
ceding  calendar  year  married  and  not  separated  by  a  decree  authori"zed^' 
of  divorce  or  separate  maintenance,  either  may  join  with 
his  or  her  spouse  in  filing  a  return  in  which  the  combined 
aggregate  income,  losses  and  exemptions  of  both  spouses  is 
included.  Such  a  return  shall  be  known  as  a  joint  return, 
and  each  spouse  shall  be  jointly  and  severally  liable  for  the 
entire  tax. 

Section  2.     Said  chapter  62  is  hereby  further  amended  g^^  ^^^^^  29 
by  striking  out  section  29,  as  appearing  in  the  Tercentenary  amended. 
Edition,  and  inserting  in  place  thereof  the  following  section : 
—  Section  29.    For  due  cause  the  commissioner  may  grant  ^fgiin°°® 
an  extension  of  time  for  filing  any  return  required  by  this  returns  and 
chapter,  but  in  no  event  shall  the  additional  time  exceed  auth^rfzld. 
six  months.    In  the  event  that  it  is  established  to  the  satis- 
faction of  the  commissioner  that  payment  of  the  tax  at  the 
time  prescribed  by  law  would  work  an  undue  hardship,  he 
may  grant  whatever  additional  time  he  deems  appropriate 
for  paying  the  tax.    In  the  event  additional  time  for  paying 
the  tax  is  granted,  the  commissioner  in  his  discretion  may 
abate,  in  whole  or  in  part,  the  interest  occasioned  by  such 
delayed  payment.  Approved  June  10,  1954- 


662 


Acts,  1954. —  Chap.  649. 


ChapM9 


An  Act  relative  to  adoptions. 


G.  L.  (Ter. 
Ed.),  210, 
new  §  2A, 
added. 

Requirements 
necessary 
for  entering 
decree  of 
adoption. 


G.  L.  (Ter. 
Ed.),  210, 
§  5A,  etc., 
amended. 


Adoption  of 
certain 
children, 
regulated. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  210  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  2  the  following  section :  — 
Section  2 A.  No  decree  of  adoption  shall  be  entered  for  the 
adoption  of  a  child  below  the  age  of  fourteen  until  one  of 
the  following  conditions  has  been  met:  — 

(A)  The  child  sought  to  be  adopted  has  been  placed  with 
the  petitioners  for  adoption  by  the  department  of  public 
weKare  or  by  an  agency  authorized  by  said  department  for 
such  purpose,  or 

(B)  The  petitioner  is  a  blood  relative  of  the  child  sought 
to  be  adopted,  or 

(C)  The  petitioner  is  a  step-parent  of  the  child  sought 
to  be  adopted,  or 

(D)  The  petitioner  was  nominated  in  the  will  of  a  de- 
ceased natural  parent  of  the  child  as  a  guardian  or  an  adop- 
tive parent,  or 

(E)  The  petition  for  adoption  has  been  approved  in  writ- 
ing by  the  department  of  public  welfare  or  by  an  agency 
authorized  by  said  department.  Any  petitioner  aggrieved 
by  the  arbitrary  refusal  of  the  department  or  of  an  agency 
to  approve  such  petition  after  being  requested  to  do  so,  may 
within  thirty  days  after  receiving  notice  of  its  decision 
apply  to  the  advisory  board  of  the  department  for  a  review 
of  the  said  action,  and  said  board  shall  give  a  hearing  to  the 
applicant  and  shall  review  the  action  of  the  department  or 
agency  and  make  a  finding  within  thirty  days  of  the  filing 
of  the  application  with  said  board,  and  shall  notify  the 
applicant  thereof.  Any  applicant  aggrieved  by  an  adverse 
finding  by  the  said  advisory  board  may  appeal  such  finding 
to  the  probate  court  in  which  the  petition  for  adoption  is 
pending,  which  shall  review  the  action  of  the  department 
or  agency  and  shall  make  final  determination  as  to  the  ap- 
proval of  the  petition  by  the  department  or  agency. 

Section  2.  Section  5 A  of  said  chapter  210,  as  amended 
by  section  2  of  chapter  737  of  the  acts  of  1950,  is  hereby 
further  amended  by  adding  at  the  end  the  following  para- 
graph :  — 

At  any  time  after  the  report  has  been  filed,  the  court 
after  notice  and  hearing  shall  order  the  removal  of  the  child 
from  the  proposed  adoption  home  if,  in  the  opinion  of  the 
court,  such  removal  is  in  the  best  interests  of  the  child.  If 
such  removal  is  ordered,  the  court  shall  appoint  a  guardian 
who  shall  be  a  relative  of  the  child,  a  person  designated  by 
the  department  of  public  welfare  or  an  agency  licensed  by 
the  department  to  have  custody  of  the  child,  with  authority 
to  provide  for  his  future  care.        Approved  June  10,  1964. 


Acts,  1954.  — Chaps.  650,  651,  652.  663 

An  Act  creating  a  division  of  subversive  activities  QJiqt)  559 
within  the  department  of  public  safety. 

Be  it  enacted,  etc.,  as  follows: 

Section  3  of  chapter  22  of  the  General  Laws,  as  appear-  g.  l.  (Xer. 
ing  in  the  Tercentenary  Edition,  is  hereby  amended  by  add-  amenlld.^  ^' 
ing  at  the  end  the  following  paragraph :  — 

There  shall  be  in  the  department  a  division  of  subversive  Division  of 
activities  to  receive  reports  of  subversive  activities  within  acti^tfeir 
the  commonwealth,  to  investigate  such  reports,  to  main-  established. 
tain  records,  to  co-operate  with  the  law-enforcement  agen- 
cies of  the  commonwealth,  and  to  report  annually  and  from 
time  to  time  as  it  may  deem  necessary  to  the  commissioner 
and  to  the  governor.  Approved  June  10,  1954- 


An  Act  relative  to  the  salary  of  certain  justices 

OF   THE   superior    COURT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  section 
four  of  chapter  seven  hundred  and  forty-two  of  the  acts  of 
nineteen  hundred  and  fifty-one,  and  section  one  of  chapter 
five  hundred  and  sixty-seven  of  the  acts  of  nineteen  hun- 
dred and  fifty-three,  any  justice  of  the  superior  court  who 
was  appointed  to  said  office  between  the  first  day  of  Janu- 
ary, nineteen  hundred  and  fifty-three,  and  the  first  day  of 
June,  nineteen  hundred  and  fifty-four,  both  dates  inclusive, 
shall  receive  such  salary  as  is  provided  by  section  twenty- 
seven  of  chapter  two  hundred  and  twelve  of  the  General 
Laws. 

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

Approved  June  10,  1954- 

An  Act  authorizing  the  county  of  Bristol  to  appro- 
priate AND  PAY  A  SUM  OF  MONEY  TO  EMERY  RECORD 
preserving   COMPANY, 

Be  it  enacted,  etc.,  as  follows: 

To  discharge  a  moral  obligation,  the  county  commis- 
sioners of  Bristol  county  are  hereby  authorized  to  appro- 
priate and  pay  to  Emery  Record  Preserving  Company  of 
Taunton  in  said  county,  the  sum  of  twelve  hundred  and  six 
dollars  in  payment  of  a  bill  for  services,  material  and  labor 
furnished  to  said  county,  said  bill  having  been  contracted 
by  Assistant  Register  Egan  of  the  New  Bedford  Registry  of 
Deeds  without  conference  with  or  notice  to  the  county  com- 
missioners, as  a  result  of  which  no  invitation  to  bidders  on 
the  work  was  issued  and  the  bill  is  now  unenforceable 
against  the  county.  Approved  June  10,  1954. 


ChapMl 


Chap.6d2 


664 


Acts,  1954.  — Chap.  653. 


G.  L.  (Ter. 
Ed.),  13, 
§§  29-31, 
amended. 

Board  of 
registration 
in  embalming 
and  funeral 
directing. 


Residential 
requirements 
of  appointees 


C/iap. 653  An  Act  further  regulating  the'practice  of  embalming 

AND   FUNERAL   DIRECTING. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  13  of  the  General  Laws  is  hereby 
amended  by  striking  out  sections  29  to  31,  inclusive,  and 
inserting  in  place  thereof  the  following  three  sections:  — 
Section  29.  There  shall  be  a  board  of  registration  in  em- 
balming and  funeral  directing,  in  this  and  the  two  follow- 
ing sections  called  the  board,  consisting  of  five  members, 
citizens  and  residents  of  the  commonwealth,  each  of  whom 
shall  have  had  at  least  five  years'  practical  experience  in 
embalming  dead  human  bodies  and  in  funeral  directing. 
Each  member  of  the  board  shall  be  appointed  by  the  gov- 
ernor, with  the  advice  and  consent  of  the  council,  for  a  term 
of  five  years.  As  the  term  of  office  of  a  member  of  the  board 
expires,  his  successor,  qualified  as  aforesaid,  shall  be  ap- 
pointed by  the  governor,  with  like  advice  and  consent,  to 
serve  for  five  years.  Each  member  shall  continue  to  serve 
until  the  qualification  of  his  successor.  The  governor  may 
also,  with  like  advice  and  consent,  fill  any  vacancy  in  the 
board  for  the  unexpired  term. 

In  making  such  appointments,  one  member  shall  be  a 
resident  of  Worcester  county;  one  a  resident  of  the  district 
composed  of  Berkshire,  Hampden,  Franklin  and  Hamp- 
shire counties;  one  a  resident  of  the  district  composed  of 
Norfolk,  Plymouth,  Bristol,  Dukes,  Barnstable  and  Nan- 
tucket counties;  one  a  resident  of  the  district  composed  of 
Suffolk  county  and  the  cities  of  Everett,  Maiden,  Medford, 
Cambridge  and  Somerville;  and  one  a  resident  of  the  dis- 
trict composed  of  Essex  county  and  Middlesex  county,  not 
including  the  cities  of  Everett,  Maiden,  Medford,  Cam- 
bridge and  Somerville.  No  member  shall  serve  more  than 
one  full  term. 

Not  more  than  three  members  of  said  board  shall  be  mem- 
bers of  the  same  political  party. 

Section  30.  The  board  shall  hold  regular  meetings  on 
the  first  Tuesday  of  each  month,  and  such  additional  meet- 
ings at  such  times  and  places  as  it  may  determine.  At  the 
regular  meeting  in  October,  it  shall  organize  by  the  choice 
of  a  chairman  and  secretary,  who  shall  be  members  thereof, 
and  shall  hold  such  offices  for  one  year.  The  secretary  shall 
give  to  the  state  treasurer  a  bond,  with  such  sureties  as 
shall  be  approved  by  the  governor  and  council,  for  the 
faithful  discharge  of  his  duties. 

Section  SI.  There  shall  be  paid  by  the  commonwealth  to 
the  chairman  of  said  board  the  sum  of  two  thousand  dollars 
annually,  to  the  secretary  of  said  board  the  sum  of  fifteen 
hundred  dollars,  and  to  each  of  the  other  members  of  said 
board  the  sum  of  one  thousand  dollars,  and  to  all  members 
of  the  board  their  necessary  traveling  and  other  expenses 
actually   expended   in   attending   meetings   thereof.      Said 


Meetings, 
organization, 
bond  of 
secretary. 


Salaries  and 
expenses. 


Acts,  1954.  — Chap.  653.  665 

board  may  expend  any  sum  not  exceeding  five  hundreH  dol- 
lars annually  for  purposes  of  instruction  and  dissemination 
of  new  and  useful  knowledge  among  and  for  the  benefit  of 
registered  embalraers  and  funeral  directors;  provided,  that 
such  salaries  and  expenses  shall  not  be  in  excess  of  the  re- 
ceipts for  registration  and  renewals  thereof  received  by  the 
state  treasurer  from  the  board. 

Section  2.     Chapter  112  of  the  General  Laws  is  hereby  g  l.  (Ter. 
amended  by  striking  out  sections  82  to  87,  inclusive,  and  §§82-87.' 
inserting   in    place   thereof   the   following   sections :  —  Sec-  amended. 
Hon  82.     The  following  words,  as  used  in  this  section  and 
in  sections  eighty-three  to  eighty-seven,  inclusive,  shall  have 
the  following  meanings,   unless  the  context  otherwise  re- 
quires :  — 

"Board",  the  board  of  registration  in  embalming  and  Definitions. 
funeral    directing    established    by    section    twenty-nine    of 
chapter  thirteen. 

"Person",  an  individual,  but  not  a  partnership,  corpora- 
tion or  association  of  any  kind. 

"Embalming",  the  business,  practice,  science  or  profes- 
sion, as  commonly  practiced,  of  preserving,  disinfecting  and 
preparing  in  any  manner  dead  human  bodies  for  burial, 
cremation  or  transportation. 

"Funeral  directing",  the  business,  practice  or  profession, 
as  commonly  practiced,  of  (a)  directing  or  supervising  fu- 
nerals or  providing  funeral  service;  (6)  handling  or  encasing, 
or  providing  services  for  handling  or  encasing,  dead  human 
bodies,  and  preparation  of  dead  human  bodies,  otherwise 
than  by  embalming,  for  burial  or  disposal;  (c)  providing 
embalming  services;  {d)  providing  transportation,  interment 
and  disinterment  of  dead  human  bodies;  and  (e)  maintain- 
ing an  establishment  so  located,  constructed  and  equipped 
as  to  permit  the  decent  and  sanitary  handling  of  dead  human 
bodies  with  suitable  equipment  in  such  establishment  for 
such  handling. 

"Embalmer",  any  person  engaged,  or  holding  himself 
out  as  engaged,  in  the  business,  practice,  science  or  profes- 
sion of  embalming,  whether  on  his  own  behalf  or  in  the  em- 
ploy of  a  registered  and  licensed  funeral  director. 

"Funeral  Director",  any  person  engaged,  or  holding  him- 
self out  as  engaged,  in  the  business,  practice  or  profession  of 
funeral  directing. 

"Apprentice  embalmer",  any  person  engaged  in  the  learn- 
ing of  the  practice  of  embalming  under  the  instruction  and 
personal  supervision  of  a  duly  registered  embalmer;  pro- 
vided, that  no  person  shall  serve  as  such  apprentice  em- 
balmer until  he  has  been  certified  as  such  by  the  board. 

Section  83.     Applications  for  registration  as  embalmers,  Registration 
funeral  directors  or  apprentice  embalmers,  and  for  estab-  °une?ii'du^"' 
lishment  certificates,  shall  be  made  on  blanks  furnished  by  rectors,  etc. 
the  board. 

No  person  shall  be  registered  by  the  board  as  an  embalmer  ^^^g  ^tkJns 
unless  he  has  been  found  by  the  board  upon  examination  to  examination, ' 


666 


Acts,  1954. —  Chap.  653. 


Funeral 
director. 


Qualifications, 

examination, 

etc. 


Fee. 


be  twenty-one  years  of  age  or  over,  a  resident  of  this  com- 
monwealth, a  citizen  of  the  United  States,  of  good  moral 
character;  to  have  successfully  completed  a  four-year  high 
school  course  or  to  possess  the  educational  equivalent  thereof; 
to  have  served  as  an  apprentice  embalmer  for  two  years 
under  the  personal  supervision  and  instruction  of  a  registered 
embalmer,  during  which  period  he  has  embalmed  not  less 
than  fifty  dead  human  bodies,  and  to  have  satisfactorily 
completed  a  course  of  instruction  of  not  less  than  nine 
months  in  an  embalming  school  approved  by  the  board. 
Upon  payment  of  ten  dollars,  such  person  shall  be  exam- 
ined by  the  board,  and  if  found  to  be  qualified,  shall  be 
registered  and  given  a  certificate  thereof  signed  by  the 
chairman  and  secretary  of  the  board. 

No  person  shall  be  registered  by  the  board  as  a  funeral 
director  unless  he  has  been  found  by  the  board  upon  exam- 
ination to  be  twenty-one  years  of  age  or  over,  a  resident  of 
this  commonwealth,  a  citizen  of  the  United  States,  of  good 
moral  character,  a  duly  registered  embalmer,  unless  such 
person  is  the  widow  of  a  duly  registered  and  licensed  funeral 
director;  to  have  successfully  completed  a  four-year  high 
school  course  or  has  attained  the  practical  equivalent  of  a 
high  school  education;  to  have  satisfactorily  completed  a 
course  of  instruction  of  not  less  than  nine  months  in  a  funeral 
directing  school  approved  by  the  board  or  to  have  included 
and  successfully  completed  the  elements  of  such  a  course  of 
instruction  in  his  study  schedule  at  the  college  or  univer- 
sity which  he  has  attended;  to  be  qualified  to  prepare  such 
death  certificates  and  other  documents  as  are  required  by 
the  department  of  public  health  for  the  protection  of  the 
general  public  in  the  ordinary  course  of  his  business;  to  be 
familiar  with  the  precautions  to  be  taken  to  prevent  the 
spread  of  communicable  diseases  as  prescribed  by  the  de- 
partment of  public  health  for  the  protection  of  the  general 
public  weKare;  and  to  be  conversant  with  the  laws  of  the 
United  States  and  of  this  commonwealth  relative  to  (a)  the 
custody  of  dead  human  bodies;  (6)  the  preparation  of  such 
bodies  for  burial,  cremation  and  shipment,  as  prescribed  by 
the  department  of  public  health  for  the  sanitary  handling 
of  dead  human  bodies  by  common  carriers  for  the  protec- 
tion of  public  health;  and  (c)  the  cremation,  burial  and 
shipment  of  such  bodies  as  prescribed  by  the  department  of 
public  health  for  sanitary  handling  of  dead  human  bodies 
by  common  carriers  for  the  protection  of  public  health. 

Upon  payment  of  ten  dollars,  such  person  shall  be  examined 
by  the  board.  If  such  person  is  found  to  be  qualified,  such 
person  shall  be  registered  by  the  board  as  qualified  to  be 
licensed  under  section  forty-nine  of  chapter  one  hundred  and 
fourteen  as  a  funeral  director,  and  he  shall  receive  a  certifi- 
cate of  registration  signed  by  the  chairman  and  the  secre- 
tary of  the  board ;  provided,  that  he  shall  not  be  so  licensed 
until  he  furnishes  satisfactory  proof  to  the  board  that  he  will 
maintain  within  the  commonwealth  a  funeral  directing  es- 


Acts,  1954. —  Chap.  653.  667 

tablishment  so  located,  constructed  and  equipped  as  to  per- 
mit the  sanitary  handling  of  dead  human  bodies. 

Applicants  for  registration  as  embalmers  or  as  funeral 
directors  may,  upon  the  payment  of  five  dollars,  be  re- 
examined at  any  subsequent  examination  conducted  by  the 
board. 

Any  person  desiring  to  become  an  apprentice  embalmer  Apprentice 
shall  make  application  on  a  form  provided  for  the  purpose,  ^'^^^''"^'■• 
and  must  appear  before  the  board  for  approval  of  his  ap- 
plication. The  application  shall  state  that  the  applicant  is  Application, 
a  citizen  of  the  United  States,  of  good  moral  character,  and  number'^of, 
holds  a  high  school  diploma  or  its  equivalent.  Said  applica-  '^t". 
tion  must  be  accompanied  by  a  fee  of  five  dollars.  When 
the  board  is  satisfied  as  to  his  qualifications,  it  shall  issue  a 
certificate  of  embalmer  apprenticeship.  Such  apprentice- 
ship shall  be  served  in  the  establishment  of  a  registered  fu- 
neral director,  on  a  full-time  employment  basis.  When  such 
apprentice  enters  the  employ  of  a  person  so  registered,  he 
shall  immediately  notify  the  member  of  the  board  in  his  dis- 
trict of  the  name  and  place  of  business  of  the  person  whose 
service  he  has  entered.  If  such  apprentice  thereafter  leaves 
the  emplo}^  of  such  person  whose  service  he  has  entered,  it 
shall  be  the  duty  of  said  person  to  give  such  apprentice  an 
affidavit  showing  the  length  of  time  he  has  served  with  him, 
which  affidavit  shall  be  filed  with  the  board.  The  number 
of  apprentice  embalmers  allowed  to  be  registered  under  any 
one  registered  embalmer  or  funeral  director  shall  be  deter- 
mined by  the  board  on  the  basis  of  one  apprentice  embalmer 
for  each  fifty  cases  or  any  part  thereof  that  the  registered 
embalmer  or  funeral  director  had  cared  for  professionally  in 
the  previous  calendar  year.  No  person  shall  be  employed 
as  an  apprentice  except  in  accordance  with  the  foregoing 
provisions. 

No  apprentice  shall  advertise  or  publish  in  any  manner  Professional 
the  fact  of  his  registration,  nor  shall  any  embalmer  or  fu-  r^'Sa'tld!^' 
neral  director  advertise  or  publish  in  any  manner  whatso- 
ever the  name  or  names  of  apprentices  or  any  person  asso- 
ciated with  him  in  the  practice  of  embalming  or  funeral 
directing  unless  the  said  person  or  persons  are  registered 
and  licensed  funeral  directors. 

The  profession  of  funeral  directing  shall  be  conducted  or  Establishment 
practiced  at  a  fixed  place  or  establishment,  and  no  person,  fo^conduct 
partnership,  corporation,  association  or  other  organization  of  business, 
shall  open  or  maintain  a  place  or  establishment  at  which  ^^^^^^ 
to  practice  such  profession  unless  an  establishment  certifi- 
cate has  been  granted  by  said  board.    Such  certificate  shall 
be  for  one  location  only;   provided,  that  this  shall  not  pre- 
vent a  registered  funeral  director  from  conducting  a  funeral 
in  another  licensed  establishment,  nor  from  a  church,  nor 
from  a  private  residence  from  which  funeral  services  are  not 
regularly  conducted,  a  public  lodge  or  hall  room,  providing 
such  person  maintains  a  fixed  place  or  establishment  of  his 
own  conforming  to  the  above  requirements.     The   board 


668 


Acts,  1954. —  Chap.  653. 


Application, 
requirements, 
fee,  etc. 


Renewal 
certificates. 


shall  issue  a  certificate  for  said  establishment  after  applica- 
tion has  been  made  on  a  form  provided  for  the  purpose,  and 
when  the  same  meets  the  requirements  set  forth  in  the  rules 
and  regulations  of  the  board  and  established  by  the  rules 
and  regulations  of  the  department  of  public  health  and  local 
boards  of  health.  Said  application  shall  be  accompanied  by 
a  fee  of  two  dollars. 

No  establishment  or  branch  thereof  for  the  preparation, 
disposition  and  care  of  dead  human  bodies  shall  be  opened 
or  maintained  unless  duly  registered  by  the  board.  No  es- 
tabhshment  or  branch  shall  be  moved  without  obtaining  a 
new  certificate  from  the  board.  AppUcations  for  such  trans- 
fers shall  be  made  upon  blanks  furnished  by  the  board  and 
shall  be  accompanied  by  a  fee  of  five  dollars.  An  establish- 
ment's certificate  shall  remain  in  force  indefinitely  unless 
revoked  by  the  board  or  until  there  has  been  a  change  in  the 
ownership  of  the  establishment,  which  shall  automatically 
cancel  said  certificate. 

Section  84-  No  certificate,  except  an  establishment  cer- 
tificate, shall  be  issued  or  renewed  for  a  period  exceeding 
one  year,  and  all  renewals  thereof,  except  embalmer  appren- 
tice certificates  which  shall  be  issued  on  an  annual  basis, 
shall  expire  and  terminate  the  first  day  of  November  follow- 
ing the  date  of  their  issue,  unless  sooner  revoked  and  can- 
celled. 

Any  person  holding  a  registration  certificate  issued  under 
the  provisions  of  section  eighty-three  may  have  the  same 
renewed  by  making  and  filing  with  the  board  an  application 
therefor  within  thirty  days  preceding  the  expiration  of  his 
certificate  upon  blanks  provided  by  said  board,  and  upon 
payment  of  renewal  fees  of  five  dollars  for  each  embalmer's 
certificate,  ten  dollars  for  each  funeral  director's  certificate, 
and  five  dollars  for  each  apprentice  embalmer's  certificate; 
provided,  that  any  person  neglecting  or  failing  to  have  his 
embalmer's  or  funeral  director's  certificate  so  renewed,  may 
have  the  same  renewed  by  making  application  therefor  dur- 
ing the  twenty  days  following  the  expiration  date,  and  upon 
the  payment  of  a  revival  fee  of  ten  dollars  in  addition  to  the 
renewal  fee. 

If  no  application  for  renewal  or  for  revival  of  a  funeral 
director's  or  embalmer's  certificate  is  made  within  said 
twenty  days,  the  holder  thereof  may  within  one  year  of  the 
original  date  of  expiration  of  the  certificate  apply  for  re- 
newal of  the  same  upon  the  payment  to  the  board  of  a  penalty 
at  the  rate  of  one  dollar  each  week  beyond  the  date  of  said 
twenty-day  revival  period.  If  at  the  expiration  of  one  year 
no  application  for  renewal  has  been  made,  the  board  will 
remove  the  former  registrant's  name  from  its  books.  If 
such  former  registrant,  after  the  expiration  of  the  one  year, 
appUes  for  registration,  he  shall  be  subject  to  payment  of 
the  accrued  penalties,  and  shall  be  required  to  meet  the  pro- 
visions of  section  eighty-three  relative  to  original  registration. 

The  board  may  refuse  to  issue  or  to  renew,  or  may  sus- 


Acts,  1954.  —  Chap.  653.  669 

pend  or  revoke  any  certificate,  or  may  place  the  holder  Unprofessional 
thereof  on  a  term  of  probation  after  due  public  hearing  upon  defined!' 
finding  the  holder  of  such  certificate  to  be  guilty  of  a  crime 
involving  moral  turpitude,  or  of  unprofessional  conduct, 
which  is  hereby  defined  to  include  {a)  misrepresentation  or 
fraud  in  the  conduct  of  the  profession  of  the  registrant; 
(b)  false  or  misleading  or  ''bait"  advertising,  so  called,  as  a 
funeral  director  advertising  or  using  the  name  of  an  unregis- 
tered person  in  connection  with  that  of  any  funeral  establish- 
ment, or  the  advertising  of  price  in  any  form  outside  the 
licensed  estabhshment;  (c)  soliciting  for  dead  human  bodies 
by  the  registrant,  his  agents,  assistants  or  employees,  or  any 
person  acting  on  his  behalf  with  his  knowledge  and  consent, 
express  or  imphed,  whether  such  soliciting  occurs  after  death 
or  while  death  is  impending;  provided,  that  this  shall  not 
be  deemed  to  prohibit  general  advertising;  (d)  employment 
by  a  registered  person  of  persons  known  as  cappers,  or 
steerers  or  soHcitors,  or  other  such  persons  to  obtain  funeral 
directing  or  embalming;  (e)  gross  immorahty;  (/)  the  aid- 
ing or  abetting  of  an  unregistered  person  to  practice  funeral 
directing  or  embalming;  {g)  the  use  of  profane,  indecent  or 
obscene  language  in  the  presence  of  a  dead  human  body,  or 
within  the  immediate  hearing  of  the  family  or  relatives  of  a 
deceased,  whose  body  has  not  yet  been  interred  or  otherwise 
disposed  of;  (h)  solicitation  or  acceptance  by  a  registered 
person  of  any  commission  or  bonus  or  rebate  in  considera- 
tion of  recommending  or  causing  a  dead  human  body  to  be 
disposed  of  in  any  crematory,  mausoleum  or  cemetery; 
{{)  the  holding  or  keeping  for  resale  of  any  casket  or  part  of 
a,€asket  which  has  previously  been  used  as  a  receptacle  for, 
or  in  connection  with,  the  burial  or  other  disposition  of  a 
dead  human  body;  (j)  violation  of  any  of  the  provisions 
of  sections  eighty-three  to  eighty-seven,  inclusive,  or  any 
rule  or  rules  of  the  board ;  (k)  violation  of  any  state  or  mu- 
nicipal law  or  ordinance  affecting  the  handling,  custody, 
care  or  transportation  of  dead  human  bodies;  (l)  fraud  or 
misrepresentation  in  obtaining  a  certificate;  (m)  the  recom- 
mending to  the  board  of  an  applicant  for  a  certificate  who 
has  not,  to  his  personal  knowledge,  complied  with  the  re- 
quirements of  sections  eighty-three  to  eighty-seven,  inclu- 
sive, or  with  the  rules  and  regulations  of  the  board ;  (n)  the 
refusal  to  surrender  promptly  the  custody  of  a  dead  human 
body,  upon  the  express  order  of  the  person  lawfully  entitled 
thereto ;  and  (o)  failure  to  secure  a  permit  for  the  removal  or 
burial  of  a  dead  human  body  prior  to  interment  or  disposal. 

Section  84 A.  Whenever  the  board  shall  have  reason  to  Complaints  to 
believe  that  any  person  or  establishment  to  whom  a  certifi-  ^"^  investigated. 
cate  has  been  issued  to  practice  or  operate  under  section 
eighty-three,  as  the  case  maj'  be,  has  violated  any  of  the 
provisions  of  sections  eighty -three  to  eighty-seven,  inclu- 
sive, or  any  rule  or  regulation  prescribed,  or  whenever 
written  complaint,  charging  any  registered  person  with  the 
violation  of  any  provision  of  the  said  sections  is  filed  with 


670 


Acts,  1954. —  Chap.  653. 


Public  hearing, 
etc. 


Suspension, 
revocation  or 
cancellation  of 
certificates, 
regulated. 


Petition  in 
district  court 
upon  adverse 
decision  of 
board. 


Powers  and 
duties  of 
board. 


the  board,  it  shall  conduct  an  investigation,  and  if  from 
such  investigation  it  shall  appear  that  there  is  reasonable 
ground  for  belief  that  the  accused  may  have  been  guilty  of 
the  violations  charged,  the  board  shall  set  a  time  and  place 
for  a  public  hearing  to  determine  whether  or  not  the  certifi- 
cate shall  be  revoked  or  suspended.  Any  member  of  the 
board  shall  have  the  right  to  administer  oaths  to  witnesses. 

No  action  to  suspend,  revoke  or  cancel  any  certificate 
shall  be  taken  by  the  board  until  the  accused  or  his  counsel 
has  been  furnished  with  a  statement  of  the  charges  against 
him,  or  it,  and  a  notice  of  the  time  and  place  of  hearing 
thereof;  the  furnishing  of  the  charges  and  such  notice  to 
be  given  said  accused  at  least  fifteen  days  prior  to  the  date 
of  hearing.  The  accused  may  be  represented  at  such  hear- 
ing by  counsel.  If  upon  such  hearing  the  board  finds  the 
charges  to  be  true,  it  may  revoke  or  suspend  the  certificate 
of  the  accused. 

Any  person  or  establishment  aggrieved  by  the  decision  of 
the  board  to  revoke  or  suspend  his  or  its  certificate  may, 
within  ten  days  after  such  action,  bring  a  petition  in  the 
district  court  within  the  judicial  district  of  which  he  resides, 
hereinafter  called  the  court  addressed  to  the  justice  of  the 
court,  praying  that  the  action  of  the  board  may  be  reviewed 
by  the  court.  The  bringing  of  such  a  petition  within  such 
period  shall  operate  to  continue  the  registration  in  full  force 
and  effect  pending  the  decision  of  the  court.  After  such 
notice  to  the  board  as  the  court  deems  necessary,  it  shall  re- 
view such  action,  hear  the  witnesses,  and  shall  affirm  the 
decision  of  the  board  unless  it  shall  appear  that  it  was  made 
without  proper  cause  or  in  bad  faith,  in  which  case  the  de- 
cision of  the  board  shall  be  reversed.  The  court  shall  hear 
such  petition  within  thirty  days  after  the  bringing  thereof. 
The  appeal  from  the  decision  of  the  board  provided  by  this 
section  is  in  the  alternative  to  that  provided  by  section 
sixty-four,  and  a  decision  of  the  court  upon  a  petition  brought 
under  this  section  shall  be  final  and  conclusive. 

Section  85.  The  board  is  authorized  to  adopt  and  pro- 
mulgate such  rules  and  regulations  for  the  transaction  of  its 
business  and  the  betterment  and  promotion  of  the  standards 
of  service  and  practice  to  be  followed  in  the  profession  of 
embalming  and  funeral  directing,  as  it  may  deem  expedient 
and  consistent  with  the  laws  of  the  commonwealth;  to  em- 
ploy inspectors  who  shall  investigate  and  report  to  the 
board  the  results  of  their  investigations;  to  employ  such 
other  employees  as  the  work  of  the  board  may  require;  to 
keep  a  record  in  wliich  shall  be  registered  the  name  and 
business  address  of  every  person  and  establishment  to  whom 
certificates  have  been  granted  under  section  eighty-three, 
the  number  and  date  of  such  certificate,  and  the  date  of 
each  renewal  thereof;  to  inspect  the  premises  in  which  fu- 
neral directing  is  conducted  or  where  embalming  is  prac- 
ticed or  where  an  applicant  proposes  to  practice;  to  adopt 
such  rules,  regulations  and  classifications  as  may  be  reason- 


Acts,  1954.  — Chap.  653.  671 

able  and  proper;  to  define  what  shall  be  deemed  the  proper 
construction,  drainage  and  ventilation,  and  what  instru- 
ments are  necessary  and  suitable  in  a  preparation  room  and 
in  a  funeral  establishment.  Said  board  shall  be  responsible 
for  the  enforcement  of  the  provisions  of  sections  eighty- 
three  to  eighty-seven,  inclusive.  The  board  shall  hold  exam- 
inations for  applicants  for  registration  at  such  times  and 
places  and  in  such  manner  as  it  shall  determine.  The  board 
shall  keep  a  record  of  all  moneys  received  and  disbursed  by 
it,  and  a  duplicate  thereof  shall  always  be  open  to  public 
inspection  in  the  office  of  the  state  secretary.  It  shall  make 
an  annual  report  showing  the  condition  of  embalming  and 
of  funeral  directing  in  the  commonwealth.  It  shall  investi- 
gate all  complaints  of  violations  of  the  provisions  of  sections 
eighty-three  to  eighty-seven,  inclusive,  and,  if  necessary, 
bring  such  violations  to  the  notice  of  the  proper  prosecuting 
ofl^icers.  A  certified  list  of  all  funeral  directors  registered  by 
the  board  shall  be  sent  by  the  board,  annually  before  May  1, 
to  the  board  of  health  of  the  several  cities  and  towns  of  the 
commonwealth. 

Section  86.     Every  holder  of  a  certificate  of  registration  Certificate 
in  embalming,  every  holder  of  a  certificate  of  registration  in  coMpicuousiy 
funeral  directing,   and  every  holder   of  an  establishment  displayed. 
certificate  shall  conspicuously  display  it  in  his  place  of  busi- 
ness. 

Section  87.     Whoever,   not  being  registered  as  an  em-  penalty  for 
balmer  under  section  eighty-three   or  corresponding  pro-  fegfs°tered°* 
visions  of  earlier  laws,  shall  engage  in  the  profession  of  em-  engaging  in 
balming  dead  human  bodies,  or  whoever  not  being  regis-  ^^  ammg.ec. 
tered  as  a  funeral  director  under  section  eighty-three  and 
licensed  as  a  funeral  director  under  section  forty-nine  of 
chapter  one  hundred  and  fourteen  shall  engage  in  the  busi- 
ness or  profession  of  funeral  directing,  or  shall  hold  himself 
out  as  such,  shall,  except  as  otherwise  provided  by  law,  be 
punished  by  a  fine  of  not  more  than  one  hundred  dollars  or 
by  imprisonment  for  not  more  than  two  months,  or  both; 
but  this  shall  not  be  deemed  to  prohibit  the  employment  of 
apprentice  embalmers  serving  under  the  personal  supervi- 
sion of  a  registered  embalmer^  or  the  employment  of  assist- 
ants in  funeral  directing  under  the  personal  supervision  of  a 
registered  and  Hcensed  funeral  director,  nor  shall  it  be  deemed 
to  prohibit  a  corporation  or  partnership,  if  not  engaged  in  any 
other  business,  from  engaging  in  the  business  of  funeral  di- 
recting, if  a  duly  registered  and  licensed  funeral  director  is  in 
charge  of  the  business  of  said  corporation  or  partnership  and 
his  name  is  presented  to  pubhc  view  and  in  all  advertising. 
If  such  corporation  or  partnership  engages  in  general  adver-  Certain 
tising  for  the  purpose  of  advertising  funeral  services,  then  adveTtT^ng, 
aU  the  individuals  whose  names  shall  appear  on  such  adver-  regulated. 
tisement  shall  also  be  duly  registered  and  licensed  funeral 
directors,  and  all  active  members  of  said  corporation  or  part- 
nership, together  with  those  individuals  whose  names  shall 
appear,  or  be  used  in  connection  with  the  name  of  the  corpo- 


672 


Acts,  1954.  —  Chap.  653. 


Certain  persons 
engaged  in 
business  to  be 
issued  certifi- 
cates without 
examination, 
etc. 


Terms  of 
certain 


ration  or  partnership  in  the  regular  course  of  its  business  in 
the  conduct  of  funerals  and  for  the  purpose  of  advertising 
funeral  services,  shall  also  be  duly  registered  and  licensed 
funeral  directors.  No  person  engaged  in  embalming  or  fu- 
neral directing  or  serving  as  an  apprentice  shall  act  or  be 
employed  as  a  caretaker  or  supervisor  at  any  cemetery. 

Section  3.  Any  person  who  on  the  effective  date  of  this 
act  is  a  registered  embalmer  and  engaged  in  the  active  prac- 
tice of  embalming  in  the  commonwealth,  shall  upon  appUca- 
tion  within  one  year  after  said  effective  date  be  issued  a  cer- 
tificate of  registration  as  an  embalmer,  without  examina- 
tion and  without  complying  with  the  other  provisions  of 
section  eighty-three  of  chapter  one  hundred  and  twelve  of 
the  General  Laws,  as  amended  by  section  two  of  this  act 
relative  to  original  registration. 

Any  person  who  on  the  effective  date  of  this  act  is  a  regis- 
tered funeral  director  shall  upon  application  within  one  year 
after  said  effective  date  be  issued  a  certificate  of  registra- 
tion as  a  funeral  director,  without  examination  and  without 
complying  with  the  other  provisions  of  said  section  eighty- 
three  as  so  amended,  relative  to  original  registration;  pro- 
vided, however,  that  this  section  shall  not  confer  any  rights 
upon  a  funeral  director  to  do  embalming  unless  he  has  first 
qualified  as  an  embalmer. 

Any  person  who  on  the  effective  date  of  this  act  is  a  regis- 
tered apprentice  shall  be  deemed  to  be  a  registered  appren- 
tice under  said  section  eighty-three  as  so  amended,  without 
further  qualifications,  and  shall  be  registered  as  an  em- 
balmer or  funeral  director  within  five  years  of  said  effective 
date  upon  the  same  qualifications  and  in  the  same  manner  as 
provided  by  laws,  rules  and  regulations  in  effect  at  the  time 
he  first  registered  as  an  apprentice. 

Any  person  who  on  the  effective  date  of  this  act  is  a 
student  in  an  embalming  or  funeral  directing  school  approved 
by  the  board  of  registration  in  embalming  and  funeral  direct- 
ing shall  be  registered  at  any  time  within  five  years  after 
said  effective  date  upon  the  same  quahfications  and  in  the 
same  manner  as  provided  by  law,  rules  and  regulations  in 
effect  at  the  time  of  his  entrance  into  said  school. 

Any  person  who  on  the  effective  date  of  this  act  is  in  the 
armed  forces  of  the  United  States  shall  be  registered  at  any 
time  within  five  years  after  said  effective  date  upon  the 
same  quahfications  and  in  the  same  manner  as  provided  by 
law,  rules  and  regulations  in  effect  at  the  time  of  his  en- 
trance into  the  armed  forces  of  the  United  States. 

Any  person  who,  on  the  effective  date  of  this  act,  main- 
tains a  funeral  directing  establishment  may,  within  ninety 
days  of  said  effective  date,  make  application  to  the  board  of 
registration  in  embalming  and  funeral  directing  for  an  estab- 
lishment certificate,  notwithstanding  the  provisions  of  sec- 
tion eighty-three  of  chapter  one  hundred  and  twelve  of  the 
General  Laws,  as  amended  by  section  two  of  this  act. 

Section  4.    The  two  additional  members  of  the  board  of 


Acts,  1954. —  Chaps.  654,  655.  673 

registration  in  embalming  and  funeral  directing,  authorized  bJfa?d^"°* 
by  section  twenty-nine  of  chapter  thirteen  of  the  General 
Laws,  as  amended  by  section  one  of  this  act,  shall  be  ap- 
pointed by  the  governor,  with  the  advice  and  consent  of  the  Appointment, 
council,  for  terms  of  five  years  and  four  years,  respectively.  *'*''■ 

Section  5.    The  board  of  registration  in  embalming  and  ^^^^^^^1° 
funeral  directing  shall  issue  a  permit  for  the  continuance,  business  upon 
under  the  active  supervision  of  a  person  registered  as  a  fu-  certificate 
neral  director,  of  the  business  and  establishment  certificate  Voider. 
of  a  funeral  director  registered  by  such  board  who  has  died, 
for  the  benefit  of  the  estate  or  persons  interested  in  the  estate 
of  the  decedent,  during  such  period  of  time  and  in  such  man- 
ner and  under  such  conditions  as  the  board  may  determine. 

Section  6.     If  any  provision  of  this  act  or  any  rule  or  severabiuty 
regulation  made  thereunder,  or  the  application  thereof  to  p''°^s*°''- 
any  person  or  circumstances,  is  held  invalid  by  a  court  of 
competent  jurisdiction,  the  remainder  of  this  act  or  of  such 
rule  or  regulation,  and  the  application  of  such  provision  to 
other  persons  or  circumstances,  shall  not  be  affected  thereby. 

Section  7.    This  act  shall  take  effect  on  the  first  day  of  d^te!''^^ 
October,  nineteen  hundred  and  fifty-four. 

Approved  June  10,  1954- 

An  Act  requiring  the  attorney  general  annually  to  Qfidr)  554 

FURNISH  LAW  ENFORCEMENT  OFFICIALS  WITH  COPIES  AND 
SUMMARIES  OF  THE  NEWLY  ENACTED  LAWS  WHICH  THEY 
ARE   REQUIRED   TO    ENFORCE. 

Be  it  enacted,  etc.,  as  follows: 

Section  6 A  of  chapter  12  of  the  General  Laws,  inserted  by  g.  l.  (Ter. 
chapter  238  of  the  acts  of  1947,  is  hereby  amended  by  add-  ftc;! 'amended.' 
ing  at  the  end  the  following  paragraph:  — 

He  shall,  as  soon  as  convenient  after  the  end  of  each  legis-  Duties  of 
lative  session,  notify  the  sheriffs  of  the  several  counties  and  gcMrai?'^'^^^ 
the  chiefs  of  police  of  the  several  cities  and  towns  of  all  laws 
enacted  during  such  session  which  it  is  their  duty  to  enforce. 
Such  notice  shall  include  a  list  by  chapter  number  and  title 
of  each  law  so  enacted.  Approved  June  10,  1954. 

An  Act  requiring  an  employer  to  furnish  an  employee  (JJidrt  655 

WITH   A    WAGE    REPORT. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  151A  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
inserting    after    section    45    the    following    section:  —  Sec- ^e^J'^^ASAl 
Hon  4-5 A.    (a)  Whenever  an  employee  is  laid  off  or  separated  added, 
from  employment,  the  employer  shall  furnish  such  employee  Furnishing  of 
an  itemized  monthly  record  of  any  wages  earned  while  in  tn  employees. 
the  employment  of  the  employer  from  the  first  day  of  the  '''^i'^''®^- 
five  most  recently  completed  quarters  up  to  and  including 
the  last  day  of  such  employment;   provided,  however,  that 
if  such  employer  had  previously  submitted  such  a  statement 


674 


Acts,  1954  —Chaps.  656,  657. 


to  his  employee,  the  succeeding  statement  shall  be  for  the 
period  subsequent  to  that  already  submitted. 

(b)  The  wage  record  required  under  this  section  shall  be 
furnished  to  the  employee  not  later  than  seven  days  after 
such  separation  from  employment. 

(c)  The  director  may  assess  and  collect  a  penalty  of  five 
dollars  a  day  from  any  employer  for  the  period  for  which 
the  employer  fails  to  furnish  the  wage  record  as  required 
by  this  section.  Approved  June  10,  1954. 


Chap.Q5Q  An  Act  relative  to  the  withdrawal  of  additional  de- 
ductions PAID  into  the  annuity  SAVINGS  FUND  OF  CON- 
TRIBUTORY retirement  systems. 


G.  L.  (Ter. 
Ed.),  32,  §22, 
etc.,  amended. 


Withdrawals 
from  contribu 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Paragraph  (g)  of  subdivision  (1)  of  section  22 
of  chapter  32  of  the  General  Laws  is  hereby  amended  by 
striking  out  the  last  sentence,  as  appearing  in  section  1  of 
chapter  658  of  the  acts  of  1945,  and  inserting  in  place  thereof 
the  following  sentence:  — The  board  shall  permit  a  reduc- 
tory  retVreme"nt  tion,  suspcnsion  Or  termination  of  such  additional  deductions 
reg^^ed.  if  such  member  shall  so  request  in  writing. 
Same  subject.  SECTION  2.  Withdrawal  of  additional  deductions  under 
paragraph  (g)  of  subdivision  (1)  of  section  twenty-two  of 
chapter  thirty-two  of  the  General  Laws,  as  amended  by  sec- 
tion one,  shall  be  made  upon  written  application  to  the 
board  made  prior  to  January  first,  nineteen  hundred  and 
fifty-five.  Approved  June  10,  1954- 


Chap. 657  An   Act    simplifying   the    deduction   for   dependents 
allow^ed  for  income  tax  purposes. 


G.  L.  (Ter. 
Ed.),  62,  §  6, 
etc.,  amended. 


Deduction  for 
dependents 
under  income 
tax  law, 
regulated. 


Be  it  enacted,  etc.,  as  follows: 

Section  L  Section  6  of  chapter  62  of  the  General  Laws 
is  hereby  amended  by  striking  out  subsection  (h),  as  amended 
by  section  1  of  chapter  251  of  the  acts  of  1954,  and  insert- 
ing in  place  thereof  the  following  subsection :  — 

{h)  The  sum  of  five  hundred  dollars  for  a  husband  or  wife 
with  whom  the  taxpayer  was  living  during  the  preceding 
calendar  year  and  whose  income  from  all  sources  did  not 
exceed  two  thousand  dollars  during  said  preceding  calendar 
year  and,  if  entirely  dependent  upon  the  taxpayer  for  sup- 
port, the  sum  of  four  hundred  dollars  for  each  parent,  for 
each  child,  stepchild  or  foster  child  under  the  age  of  eighteen 
who  was  living  with  the  taxpayer  during  the  preceding  cal- 
endar year,  and  for  each  child,  stepchild  or  foster  child 
eighteen  years  of  age  or  over  incapable  of  self-support  be- 
cause of  physical  or  mental  disability.  The  aforesaid  de- 
duction 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  be- 


Acts,  1954. —  Chaps.  658,  659.  675 

tween  them  in  proportion  to  the  net  income  of  each  in  excess 
of  two  thousand  dollars. 

For  the  purpose  of  this  subsection  a  parent,  child,  step- 
child or  foster  child  shall  be  considered  to  be  entirely  de- 
pendent upon  the  taxpayer  for  support  if  the  taxpayer  fur- 
nishes the  majority  of  the  support  of  such  dependent. 

Section  2.     This  act  shall  take  effect  on  January  first,  Effective  date. 
nineteen  hundred  and  fifty-five,  and  shall  apply  to  income  Application 
tax  returns  reporting  income  of  the  calendar  year  nineteen  thereof. 
hundred  and  fifty-four,  and  thereafter. 

Approved  June  10,  1954- 

An  Act  relative  to  sick  leave  for  certain  employees  (Jhnj)  553 
IN   public  schools  who  are  excluded  or  removed  ^' 

FROM    EMPLOYMENT    ON    ACCOUNT    OF    TUBERCULOSIS    IN    A 
COMMUNICABLE    FORM. 

Be  it  enacted,  etc.,  as  follows: 

Section  55B  of  chapter  71  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  the  eighth  sentence,  as  appearing  f  ssB^ltc 
in  chapter  469  of  the  acts  of  1952,  and  inserting  in  place  amended. 
thereof  the  following  sentence :  —  Any  teacher,  other  than  sick  leave 
a  teacher  in  the  pubhc  schools,  or  any  other  employee  ex-  [eac'hers."* 
eluded  or  removed  from  employment  on  account  of  tubercu-  authorized. 
losis  in  a  communicable  form  shall  be  carried  on  sick  leave 
with  pay  for  such  period  as  he  may  be  entitled  to  under  the 
regulations  of  the  school  committee  or  other  school  officers ; 
and  any  teacher  in  a  public  school,  or  other  employee  therein 
whose  duties  bring  him  into  direct  contact  with  any  student 
thereat,  shall,  if  excluded  or  removed  from  employment  on 
account  of  tuberculosis  in  a  communicable  form  be  carried 
on  sick  leave  with  pay  for  the  entire  period  of  such  exclu- 
sion or  removal,  but  in  no  case  for  more  than  two  years,  and 
for  such  further  additional  period  as  he  may  be  entitled  to 
under  the  regulations  of  the  school  committee  or  other  school 
officers.  Approved  June  10,  1954. 

An  Act  designating  a  certain  street  in  somerville  as  QJiaj)  659 

A.    ALFRED   LOMBARDI   STREET. 

Be  it  enacted,  etc.,  as  folloivs: 

The  new  street  which  runs  between  Mystic  avenue  and 
Broadway  in  the  city  of  Somerville,  at  the  northerly  end  of 
the  David  M.  Cleary  Memorial  Overpass,  shall  be  known 
and  designated  as  A.  Alfred  Lombardi  Street,  and  suitable 
markers  bearing  said  designation  shall  be  erected  thereon  by 
the  state  department  of  pubhc  works. 

Approved  June  10,  1954. 


676  Acts,  1954. —  Chaps.  660,  661. 

C/iap. 660  An  Act  providing  that  certain  town  meeting  votes 

SHALL    BE    subject   TO    A    REFERENDUM    IN   THE    TOWN    OF 
HOPKINTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  454  of  the  acts  of  1943  is  hereby 
amended  by  striking  out  section  2  and  inserting  in  place 
thereof  the  following  section :  —  Section  2.  Any  vote,  ex- 
cept a  vote  to  adjourn  or  authorizing  the  borrowing  of  money 
in  anticipation  of  the  receipt  of  taxes  for  the  current  year, 
passed  at  any  town  meeting,  shall  not  be  operative  until 
the  expiration  of  five  days,  exclusive  of  Sundays  and  holi- 
days, from  the  dissolution  of  the  meeting.  If,  within  said 
five  days,  a  petition,  signed  by  not  less  than  ten  per  cent  of 
the  registered  voters  of  the  town,  containing  their  names 
and  addresses  as  they  appear  on  the  list  of  registered  voters, 
is  filed  \vith  the  selectmen  asking  that  the  question  or  ques- 
tions involved  in  such  a  vote  be  submitted  to  the  registered 
voters  of  the  town,  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  the  ques- 
tion or  questions  so  involved.  The  polls  shall  be  opened  at 
twelve  o'clock  noon  and  shall  be  closed  not  earlier  than 
eight  o'clock  in  the  evening,  and  all  votes  upon  any  questions 
so  submitted  shall  be  taken  by  ballot,  and  the  check  list 
used  in  the  same  manner  as  in  the  election  of  town  officers. 
The  question  or  questions  shall  be  determined  by  a  majority 
vote  of  the  registered  voters  of  the  town  voting  thereon.  If 
such  petition  is  not  filed  within  said  period  of  five  days,  the 
vote  in  the  town  meeting  shall  become  operative  and  effective 
at  the  expiration  of  said  period. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
by  a  majority  of  the  voters  of  said  town  voting  thereon  at 
an  annual  or  special  town  meeting. 

Approved  June  10,  1954. 

Chap. 661  An  Act  providing  for  the  observance  of  November 

ELEVENTH   AS   VETERANS    DAY. 

Be  it  enacted,  etc.,  as  folloius: 

Edo.'eJrisA,       Section  1.     Chapter  6  of  the  General  Laws  is  hereby 
amended.      '  amended  by  striking  out  section  12A,  as  appearing  in  the 
Tercentenary  Edition,  and  inserting  in  place  thereof  the 
dew^h"        following  section:  —  Section  12 A.     The  governor  shall  an- 
to  be  observed   nually  issuc  a  proclamation  calling  for  a  proper  observance 
Day!^  erans       ^£  November  eleventh  as  Veterans  Day,  in  lasting  recogni- 
tion of  the  service  and  sacrifice  of  those  sons  and  daughters 
of  Massachusetts  who  served  in  the  armed  forces  of  the 
United  States  in  time  of  war  or  insurrection. 
Same  subject.        SECTION  2.     Wherever  in  any  general  or  special  law  the 
term  Armistice  Day  appears  as  applied  to  November  eleventh 
it  shall  be  taken  to  mean  Veterans  Day. 

Approved  June  10,  195 4. 


Acts,  1954.  — Chaps.  662,  663,  664.  677 

An  Act  providing  for  the  borrowing  of  funds  for  the  Chav  662 

CONSTRUCTION  BY  THE  DEPARTMENT  OF  PUBLIC  WORKS  OF 
AN  INLET  INTO  EEL  POND  IN  THE  TOWN  OF  MATTAPOISETT. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  For  the  purpose  of  contributing  its  share  of 
the  cost  of  the  construction  by  the  department  of  pubhc 
works  of  a  channel  or  inlet  into  Eel  pond  in  the  town  of 
Mattapoisett,  said  town  may  borrow  outside  its  limit  of 
indebtedness  such  sum,  not  exceeding  in  the  aggregate, 
forty-four  thousand  dollars,  as  may  be  necessary,  and  may 
issue  bonds  or  notes  therefor,  which  shall  be  payable  in  not 
more  than  ten  years,  and  such  indebtedness  shall,  except 
as  herein  provided,  be  subject  to  chapter  forty-four  of  the 
General  Laws,  exclusive  of  the  limitation  contained  in  the 
first  paragraph  of  section  seven. 

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

Approved  June  10,  1954- 

An  Act  relative  to  the  salary  of  certain  judges  of  Chap.QQd 

probate. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Notwithstanding  the  provisions  of  section 
one  A  of  chapter  seven  hundred  and  forty-five  of  the  acts 
of  nineteen  hundred  and  fifty-one,  any  judge  of  probate 
who  was  appointed  to  said  office  between  the  first  day  of 
September,  nineteen  hundred  and  fifty-one,  and  the  thirty- 
first  day  of  December,  nineteen  hundred  and  fifty-three, 
both  dates  inclusive,  shall  receive  such  salary  as  is  provided 
by  section  thirty-four  of  chapter  two  hundred  and  seventeen 
of  the  General  Laws,  as  amended  by  section  one  of  said 
chapter  seven  hundred  and  forty-five  of  the  acts  of  nine- 
teen hundred  and  fifty-one. 

Section  2.  The  provisions  of  this  act  are  hereby  de- 
clared to  be  severable,  and  if  any  such  provision,  or  the 
apphcation  of  any  such  provision  to  any  person  or  circum- 
stance shall  be  held  to  be  unconstitutional,  such  unconsti- 
tutionality shall  not  be  construed  to  affect  the  constitu- 
tionahty  of  any  of  the  remaining  provisions  of  this  act,  or 
the  application  of  such  provision  to  persons  or  circumstances 
other  than  those  to  which  it  is  so  held  unconstitutional. 

Section  3.  This  act  shall  take  effect  as  of  January  first, 
nineteen  hundred  and  fifty-four.     Approved  June  10,  1954. 

An   Act   further   defining   frozen   desserts   and   ice  C/?ap. 664 
cream  mix. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  65G  of  chapter  94  of  the  General  Ed^'Q!^'^" 
Laws  is  hereby  amended  by  striking  out  the  paragraph  §65G,  etc.. 
defining  "Stabihzer",  as  appearing  in  section  1  of  chapter  '''^^^'^^'^- 


678  Acts,  1954.  —  Chaps.  665,  666,  667. 

373  of  the  acts  of  1934,  and  inserting  in  place  thereof  the 
following  paragraph :  — 
dffined'^"  '         ''Stabilizer",  any  non-toxic  nutritive  stabihzing  or  emul- 
sifying agent  approved  by  the  department  and  used  singly  or 
in  combination. 
Ed^'sl*"^'  Section  2.     Said  section  65G  of  said  chapter  94,  as  so 

§  65G,  etc.,       appearing,  is  hereby  further  amended  by  adding  at  the  end 
Lmended.  the  following  paragraph:  — 

"Sugar",  "Sugar",  sucrose,  dextrose,  invert  sugar  (syrup  or  paste), 

defined.  ^^^^  syrup,  com  syrup  solids,  maple  syrup,  maple  sugar, 

honey  and  brown  sugar.  Approved  June  10,  1954- 

Chap. 665  An  Act  relative  to  the  redivision  of  cities  of  the 

COMMONWEALTH   INTO   WARDS. 

Be  it  enacted,  etc.,  as  follows: 

There  shall  be  no  new  division  into  wards  of  the  cities  of 
the  commonwealth  under  the  provisions  of  section  one  of 
chapter  fifty-four  of  the  General  Laws  in  the  year  nineteen 
hundred  and  fifty-four.  Approved  June  10,  1954- 

Chap. 666  An    Act    making    a    supplemental    appropriation    for 

BERKSHIRE    COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  following  sum  is  hereby  appropriated 
for  the  county  of  Berkshire  for  the  current  year,  in  addition 
to  the  sum  appropriated  by  section  one  of  chapter  six  hun- 
dred and  three  of  the  acts  of  the  current  year :  — 

Item 

26.     For  miscellaneous  and  contingent  expenses     $5,400  00 

This  sum  shall  be  added  to  the  amount  to  be  levied  as  the 
county  tax  for  said  county  for  the  current  year,  as  provided 
by  section  one  of  said  chapter  six  hundred  and  three. 
Section  2,    This  act  shall  take  effect  upon  its  passage. 

Approved  June  10,  195 4. 

Chap. 661  An  Act  to  provide  for  the  housing  of  elderly  persons 

OF   LOW   INCOME. 

Emergency  Whereas,  The  deferred  operation  of  this  act  would  tend 

pream  e.         ^^  defeat  its  purposB,  which  is  to  provide  immediately  for 

the  housing  of  elderly  persons  of  low  income,  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: 

EdViIr  Section  1.    Chapter  121  of  the  General  Laws  is  hereby 

§§  2'gss  26VV,  amended  by  striking  out  sections  26SS,  26TT,  26UU  and 
amended.         26VV,  inserted  by  section  1  of  chapter  668  of  the  acts  of 
1953,  and  inserting  in  place  thereof  the  following  four  sec- 
Deciaration       tions :  —  Scction  26 SS.     It   is   hereby   declared   that   sub- 

of  policy. 


Acts,  1954. —  Chap.  667.  679 

standard  and  decadent  areas  exist  in  certain  portions  of  the 
commonwealth  and  that  there  is  not,  in  certain  parts  of  the 
commonwealth,  an  adequate  supply  of  decent,  safe  and 
sanitary  housing  for  elderly  persons  of  low  income,  available 
for  rents  which  such  persons  can  afford  to  pay,  and  the 
rents  which  such  persons  can  afford  to  pay  would  not  war- 
rant private  enterprise  in  providing  housing  for  such  persons ; 
that  this  situation  tends  to  cause  an  increase  and  spread  of 
communicable  and  chronic  disease;  that  the  lack  of  properly 
constructed  dwelling  units  designed  specifically  to  meet  the 
needs  of  elderly  persons  aggravates  those  diseases  pecuhar 
to  the  elderly,  thereby  crowding  the  hospitals  of  the  state 
with  elderly  persons  under  conditions  of  idleness  that  in- 
evitably invite  further  senility;  that  this  situation  consti- 
tutes a  menace  to  the  health,  safety,  welfare  and  comfort 
of  the  inhabitants  of  the  commonwealth  and  is  detrimental 
to  property  values  in  the  localities  in  which  it  exists;  that 
this  situation  cannot  readily  be  remedied  by  private  enter- 
prise; and  that  a  public  exigency  exists  which  makes  the 
provision  of  housing  for  elderly  persons  of  low  income  and 
the  clearance  of  substandard  and  decadent  areas  a  pubhc 
necessity;  that  the  provision  of  housing  for  elderly  persons 
of  low  income  for  the  purpose  of  reducing  the  cost  to  the 
state  of  their  care  by  promoting  their  health  and  welfare, 
thereby  prolonging  their  productivity  in  the  interest  of  the 
state  and  nation,  and  the  clearance  of  substandard  and  de- 
cadent areas,  or  either,  constitutes  and  hereby  is  declared 
to  be  a  public  use  for  which  private  property  may  be  taken 
by  eminent  domain  and  pubhc  funds  raised  by  taxation  may 
be  expended. 

Section  26TT.     The  housing  authority  of  each  city   or  Housing  for 
town,   organized  under  section   twenty-six  K,   shall  have  oHow^ income^ 
power  to  provide  housing  for  elderly  persons  of  low  income  authorized. 
either  in  separate  projects  or  as  a  definite  portion  of  projects 
undertaken  under  Part  III  or  Part  V  of  this  chapter,  or  in 
remodeled  or  reconstructed  existing  buildings,  and  the  pro- 
visions of  Parts  I,  II,  III  and  V  of  this  chapter  shall,  so  far 
as  apt,  be  applicable  to  projects  and  parts  of  projects  under- 
taken under  this  part,  except  as  otherwise  provided  in  sec- 
tion twenty-six  UU  or  elsewhere  in  this  chapter. 

Section  26UU.     The  following  provisions  shall   be   ap-  Provisions 
phcable  to  housing  for  elderly  persons  of  low  income:  — •        sufh  housin" 

(a)  There  shall  be  no  requirement  that  the  occupants  of 
such  housing  constitute  families,  and  housing  may  be  pro- 
vided in  separate  dwelling  units  for  elderly  persons  living 
alone  or  with  such  other  persons  who  are  either  ehgible  under 
the  provisions  of  sections  twenty-six  SS  to  twenty-six  WW, 
or  necessary  to  the  physical  welfare  of  the  elderly  occupant; 
provided,  that  such  other  necessary  person  is  ehgible  for 
low-rent  housing. 

(6)  Projects  for  such  housing  may  and  shall,  when  prac- 
ticable, be  established  near  the  neighborhoods  where  the 
elderly  persons  reside. 


680 


Acts,  1954. —  Chap.  667. 


State  financial 
assistance  for 
such  housing 
projects, 
authorized. 


G.  L.  (Ter. 

Ed.),  121, 
§  26NN,  etc., 
amended. 


Administration 
of  housing 
projects, 
regulated. 


(c)  Housing  for  elderly  persons  of  low  income  shall  con- 
form to  standards  established  by  the  housing  board  after 
consultation  with  the  department  of  public  health,  the  de- 
partment of  public  welfare  and  the  board  of  standards,  and 
shall  be  designed  so  as  to  alleviate  the  infirmities  charac- 
teristic of  the  elderly. 

(d)  Projects  or  parts  of  projects  shall  be  constructed  for 
elderly  persons  of  low  income  and  shall  be  available  and  as- 
signed to  such  persons  without  regard  to  their  status  as  vet- 
erans upon  the  application  of  such  elderly  persons  and  the 
establishment  of  their  eligibility  under  the  provisions  of 
sections  twenty-six  SS  to  twenty-six  WW. 

(e)  Rents  for  dwelling  units  in  projects  or  parts  of  projects 
constructed  for  elderly  persons  of  low  income  shall  be  com- 
puted as  provided  in  section  twenty-six  FF;  provided,  how- 
ever, that  in  the  case  of  persons  receiving  old  age  assistance 
under  chapter  one  hundred  and  eighteen  A  directly  or  in- 
directly in  whole  or  in  part  from  the  commonwealth,  dwelling 
units  in  projects  or  parts  of  projects  constructed  under  sec- 
tion twenty-six  TT  shall  be  deemed  to  be  adequate  housing 
for  elderly  persons  and  shall  qualify  for  and  rent  at  the 
maximum  rental  allowance  under  the  old  age  assistance  laws, 
regulations  or  policies. 

Section  26VV.  The  commonwealth,  acting  by  and 
through  the  state  housing  board,  may  enter  into  a  con- 
tract or  contracts  with  a  housing  authority  for  state  finan- 
cial assistance  in  the  form  of  a  guarantee  by  the  common- 
wealth of  bonds  and  notes,  or  either  bonds  or  notes,  of  the 
housing  authority  issued  to  finance  the  cost  of  a  project  or 
projects  or  a  part  or  parts  of  a  project  or  projects  to  provide 
housing  for  elderly  persons  of  low  income.  The  amount  of 
bonds  and  notes,  or  bonds  or  notes,  g-uaranteed  by  the  com- 
monwealth under  this  section  shall  not  exceed  fifteen  mil- 
hon  dollars.  Each  contract  for  state  financial  assistance 
shall  provide  that  the  commonwealth  will  pay  to  the  hous- 
ing authority  annual  contributions;  provided,  however, 
that  the  total  amount  of  annual  contributions  contracted 
for  by  the  commonwealth  for  any  one  year  shall  not  exceed 
three  hundred  and  seventy-five  thousand  dollars.  Each 
such  annual  contribution  by  the  commonwealth  shall  be  paid 
by  the  commonwealth  upon  approval  and  certification  by 
the  state  housing  board  to  the  state  comptroller.  The  pro- 
visions of  section  twenty-six  NN  and  twenty-six  00  shall, 
so  far  as  apt,  be  applicable  to  contracts  for  state  financial 
assistance  under  this  section. 

Section  2.  The  first  paragraph  of  section  26NN  of  said 
chapter  121  is  hereby  amended  by  striking  out  the  last  sen- 
tence, as  appearing  in  section  1  of  chapter  507  of  the  acts 
of  the  current  year,  and  inserting  in  place  thereof  the  fol- 
lowing sentence:  —  Each  project  developed  under  this  sec- 
tion and  section  twenty-six  00  shall  be  administered  for 
occupancy  in  accordance  with  section  twenty-six  FF,  except 
clause  (c)  and  except  that  for  each  completed  project  the 


Acts,  1954.  — Chap.  668.  681 

authority  shall  create,  beginning  in  the  first  year  immedi- 
ately succeeding  its  issuance  of  any  bonds,  a  reserve  for 
principal  and  interest  equal  to  one  twelfth  of  the  largest 
principal  and  interest  payments  which  will  be  due  on  such 
bonds  in  any  one  year  thereafter  and  shall  maintain  such 
reserve  and  increase  the  same  by  a  similar  amount  for  each 
of  the  eleven  succeeding  years  thereafter  and  maintain  each 
such  increase;  provided,  however,  that  in  the  event  a  proj- 
ect is  refinanced,  there  shall  be  appropriate  adjustments 
made  in  the  reserves  required  by  the  foregoing  provisions 
to  reflect  any  changes  in  amounts  of  principal  and  interest 
payable  to  the  end  that  twelve  years  after  the  date  of  the 
issuance  of  the  original  bonds,  or  as  soon  thereafter  as  may 
be  practicable,  there  will  have  been  created  and  thereafter 
maintained  a  reserve  equal  to  the  largest  amount  of  prin- 
cipal and  interest  due  in  any  subsequent  year  on  account  of 
the  outstanding  bonds  issued  to  finance  the  project;  and  ^ll'^p/j^ly^ 
except  that  each  such  project  shall  be  occupied,  except  as 
hereinafter  provided,  by  veterans  and  their  famihes,  and 
priority  shall  be  given  first  to  veterans  of  World  War  II  of 
low  income  and  to  veterans  of  low  income  who  have  served 
in  the  active  mihtary  or  naval  service  of  the  United  States 
at  any  time  on  or  after  June  twenty-seventh,  nineteen  hun- 
dred and  fifty,  and  prior  to  such  date  thereafter  as  shall 
later  be  determined  by  the  chairman;  then  to  veterans  of 
low  income,  such  low  income  to  be  determined  from  time  to 
time  by  the  board ;  then  to  a  person  without  regard  to  family 
status,  who  is  a  veteran  or  the  widow  or  the  widower  of  a 
veteran,  and  who  is  sixty  years  of  age  or  over;  but  a  hous- 
ing authority  may  remodel  or  reconstruct  parts  or  projects 
erected  under  this  section  to  make  the  same  available  for 
occupancy  by  elderly  persons  quaUfying  for  housing  under 
the  provisions  of  section  twenty-six  UU,  and  such  remodeled 
or  reconstructed  apartments  shall  be  available  for  occu- 
pancy by  eligible  elderly  persons  of  low  income  only  except 
to  the  extent  that  no  eligible  veterans  apply  for  such  units. 

Approved  June  10 y  1954. 

An  Act  authorizing  justices  of  district  courts  to  sit  Chap.QQS 
IN  the  superior  court  on  motor  vehicle  tort  actions. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  212  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  14B,  inserted  by  section  1  f'|4Bfetc.. 
of  chapter  210  of  the  acts  of  1949,  and  inserting  in  place  amended.  ' 
thereof  the  following  section:  —  Section  I4B.    A  justice  of  a  sittings  in 
district  court,  except  the  municipal  court  of  the  city  of  by^cIJtain*'"'* 
Boston,  shall,  at  the  written  request  of  the  chief  justice  of  district  court 
the  superior  court,  sit  in  the  superior  court  at  the  trial  or  aufhomed. 
disposition  with  or  without  a  jury  in  any  part  of  the  com- 
monwealth of  any  motor  vehicle  tort  action,  or  any  viola- 
tion of  a  by-law,  order,  ordinance,  rule  or  regulation  made 
by  a  city  or  town  or  public  officer  or  of  any  misdemeanor 


682 


Termination. 


Acts,  1954. —  Chaps.  669,  670. 

except  conspiracy  or  libel,  and  during  the  continuance  of 
such  request  shall  have  and  exercise  all  the  powers  and 
duties  which  a  justice  of  the  superior  court  has  and  may 
exercise  in  the  trial  and  disposition  of  such  cases;  provided, 
that  no  justice  so  sitting  shall  act  in  a  case  in  which  he  has 
either  sat  or  held  an  inquest  in  the  district  court  or  other- 
wise has  an  interest;  and  provided,  further,  that  no  justice 
of  a  district  court  shall  so  sit  in  the  superior  court,  as  afore- 
said, unless  his  name  appears  on  a  hst  submitted  for  the 
purposes  of  this  section  by  the  administrative  committee  of 
the  district  courts  to  the  chief  justice  of  the  superior  court. 
Section  2.  This  act  shall  not  be  operative  after  Septem- 
ber first,  nineteen  hundred  and  fifty-six. 

Approved  June  10,  1954- 


cases, 
authorized 


C/iap. 669  An  Act  further  regulating  arrests  without  warrant 

FOR  CERTAIN  INFRACTIONS   OF  THE   MOTOR  VEHICLE  LAWS. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'9ol'2i.  Section  21  of  chapter  90  of  the  General  Laws,  as  amended 
etc!, 'amended',  by  chaptcr  406  of  the  acts  of  1936,  Ls  hereby  further  amended 
by  inserting  after  the  word  "vehicles",  in  line  8,  the  words: 
Arrest  without  —  and  any  officer  authorized  to  make  arrests,  provided  such 
Tertatn  motor  officcr  is  in  uuiform  or  displaying  his  badge  of  office  con- 
vehicie  law  spicuously  ou  his  outcr  coat  or  garment,  may  arrest  without 
warrant  any  person,  regardless  of  whether  or  not  such  per- 
son has  in  his  possession  a  license  to  operate  motor  vehicles 
issued  by  the  registrar,  if  such  person  upon  any  way  or  in 
any  place  to  which  the  public  has  the  right  of  access,  operates 
a  motor  vehicle  after  his  license  or  right  to  operate  motor 
vehicles  in  this  state  has  been  suspended  orJ revoked  by  the 
registrar,  or  whoever  upon  any  way  or  place  to  which  the 
public  has  the  right  of  access  operates  a  motor  vehicle  while 
under  the  influence  of  intoxicating  liquor,  or  whoever  uses 
a  motor  vehicle  without  authority  knowing  that  such  use  is 
unauthorized,  or  any  person  who,  while  operating  or  in 
charge  of  a  motor  vehicle,  shall  refuse,  when  requested  by 
such  police  officer,  to  give  his  name  and  address  or  the 
name  and  address  of  the  owner  of  such  motor  vehicle,  or 
who  shall  refuse  on  demand  of  such  police  officer,  to  produce 
his  license  to  operate  such  vehicle  or  the  certificate  of  regis- 
tration for  such  vehicle  for  examination  by  such  officer. 

Approved  June  10,  1954- 


Chap. Q70  An  Act  authorizing  the  department  of  mental  health 
TO  establish  a  physical  therapy  department  at  the 

MONSON   state    HOSPITAL. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  mental  health  is  hereby 
authorized  and  directed  to  establish,  equip  and  maintain  a 
physical  therapy  department  at  the  Monson  state  hospital. 


Acts,  1954.  —  Chap.  671.  683 

Section  2.  For  the  purposes  of  this  act  the  department 
of  mental  health  may  expend  such  sums  as  may  be  appro- 
priated therefor.  Approved  June  10,  1954. 

An  Act  authorizing  the  town  of  Rochester  to  assume  C hap. Q71 

CONTROL    OF   CERTAIN    CEMETERIES   IN   SAID   TOWN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Rochester  is  hereby  authorized 
to  take  possession  and  assume  control  of  the  following  ceme- 
teries in  said  town :  —  Ashley  cemetery,  Sherman  cemetery, 
Union  cemetery,  sometimes  called  Rochester  Burying 
Ground,  and  Old  North  Rochester  cemetery  located  on 
Braley  Hill  road;  provided,  that  nothing  herein  contained 
shall  affect  the  individual  vested  rights  of  the  present  owners 
or  proprietors  of  said  cemeteries. 

Section  2.  The  immediate  care  and  management  of  said 
cemeteries  shall  be  in  the  board  of  selectmen  or  board  of 
cemetery  commissioners,  if  any,  which  boards  may  receive 
and  shall  have  charge  of  the  expenditure  of  any  appropria- 
tions made  by  said  town  for  the  care  thereof,  and  any  other 
funds  or  property  acquired  for  the  purposes  of  this  act, 
subject  to  the  provisions  of  any  trust  relative  thereto  and  all 
rights  heretofore  existing  in  any  burial  lots  or  funds  estab- 
Hshed  for  the  care  thereof. 

Section  3.  Insofar  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  taking 
possession  and  assuming  control  of  the  cemeteries  as  pro- 
vided in  section  one  may  receive  from  the  cemetery  corpo- 
rations and  associations  or  any  of  them  all  funds  or  other 
property  held  by  the  corporations  and  associations  or  any 
of  them  in  trust  for  the  perpetual  care  of  the  lots  in  said 
cemeteries  and  for  other  purposes,  and  also  any  property 
devised  or  bequeathed  to  the  corporations  and  associations 
or  any  of  them  under  the  will  of  any  person  hving  at  the  time 
of  said  transfer  or  conveyance  or  under  the  will  of  any  de- 
ceased 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  corporations  or  associations  or  any  of  them,  or  of  any 
lots  in  said  cemeteries,  may,  after  such  conveyance,  be  paid 
by  such  bank  or  institution  to  the  treasurer  of  said  town; 
and  upon  such  payment  said  treasurer  shall  use  the  same  for 
the  purposes  of  said  trusts.  Approved  June  10,  1954. 


684 


Acts,  1954.  —  Chap.  672. 


G.  L.  (Ter. 
Ed.).  25. 
§§  12C,  12D, 
12E,  repealed. 


Division  of 

smoke 

inspection. 


Chap.Q72  An  Act  relative  to  the  control  of  atmospheric  pol- 
lution. 

Be  it  enacted,  etc.,  as  follotvs: 

Section  1.  Sections  twelve  C,  twelve  D  and  twelve  E 
of  chapter  twenty-five  of  the  General  Laws  are  hereby  re- 
pealed, and  the  caption  preceding  section  twelve  C  is  hereby 
stricken  out. 

Section  2.  The  division  of  smoke  inspection  in  the  de- 
partment of  public  utilities,  established  by  section  twelve  C 
of  chapter  twenty-five  of  the  General  Laws,  as  most  recently 
amended  by  section  eighteen  of  chapter  five  hundred  and 
ninety-six  of  the  acts  of  nineteen  hundred  and  forty-one,  is 
hereby  transferred  from  the  department  of  public  utilities 
to  the  department  of  public  health.  All  maps,  charts,  plans, 
records  and  property  in  the  possession  of  the  division  of 
smoke  inspection  shall  be  transferred  to  the  division  of  sani- 
tary engineering  in  the  department  of  public  health.  All 
employees  of  the  division  of  smoke  inspection  in  the  depart- 
ment of  public  utilities  who  hold  positions  classified  under 
chapter  thirty-one  of  the  General  Laws  or  are  subject  to  the 
provisions  of  section  nine  A  of  chapter  thirty  of  the  General 
Laws,  are  hereby  transferred  to  the  service  of  the  depart- 
ment of  public  health  without  impairment  of  their  civil 
service,  retirement,  seniority  or  other  rights,  and  their  term 
of  office  shall  not  be  deemed  to  be  interrupted  within  the 
meaning  of  said  chapter  thirty-one  or  said  section  nine  A 
of  chapter  thirty  notwithstanding  any  change  in  title  or 
duties  made  as  a  result  of  such  transfer;  provided,  that  no 
such  employee  shall  be  lowered  in  rank  or  compensation. 

Section  3.  Chapter  111  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  142  the  following  section: 
—  Section  142A.  The  department  may  from  time  to  time, 
after  notice  to  all  persons  interested  and  a  public  hearing, 
and  subject  to  the  approval  of  the  governor  and  council, 
prescribe  and  establish  minimum  rules  and  regulations  to 
prevent  pollution  or  contamination  of  the  atmosphere  within 
the  commonwealth.  Said  rules  and  regulations,  after  being 
so  prescribed  and  established,  shall  have  the  force  of  law. 
The  publication  of  any  such  rule  or  regulation  made  by  the 
department  under  this  section  in  a  newspaper  of  the  town 
where  such  rule  or  regulation  is  to  take  effect,  or,  if  no  news- 
paper is  published  in  such  town,  the  posting  of  a  copy  of 
such  rule  or  regulation  in  a  public  place  therein  shall  be 
legal  notice  to  all  persons;  and  an  affidavit  of  such  publica- 
tion or  posting  by  the  person  causing  such  notice  to  be  pub- 
lished or  posted,  filed  and  recorded,  with  a  copy  of  the  no- 
tice, in  the  office  of  the  town  clerk  of  such  town,  shall  be 
admitted  as  evidence  of  the  time  when,  the  place  where  and 
the  manner  in  which  the  notice  was  given.  Any  municipafity, 
corporation  or  person,  which,  after  due  notice,  continues  to 
violate  any  such  rule  or  regulation  shall  be  deemed  guilty 


G.  L.  (Ter. 
Ed.).  Ill, 
new  I  142A, 
added. 
Control  of 
atmospheric 
pollution, 
regulated. 
Rules  and 
regulations. 


Acts,  1954.  —  Chap.  672.  685 

of  a  misdemeanor,  and  upon  conviction  thereof  shall  be 
punished  by  a  fine  of  not  less  than  ten  nor  more  than  fifty  Penalty, 
dollars  for  the  first  offence,  and  not  less  than  twenty  nor 
more  than  one  hundred  dollars  for  every  succeeding  offence. 
The  supreme  judicial  or  superior  court,  upon  the  applica- 
tion of  the  department,  or  upon  the  application  of  any  per- 
son interested,  with  the  approval  of  the  department,  may 
enforce  such  rules  and  regulations,  and  restrain  the  use  or 
occupation  of  the  premises  or  such  portion  thereof  as  the 
department  may  specify  until  such  rules  and  regulations 
have  been  complied  with. 

Section  4.     Chapter  HI  of  the  General  LaW'S  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  3 IB  the  following  sec-  f  3ic,^idded7 
tion:  —  Section  31 C.    A  board  of  health,  or  other  legal  au-  Local  juns- 
thority  constituted  for  such  purpose  by  vote  of  the  town  or  reguTa^J^and 
city  council  shall  have  jurisdiction  to  regulate  and  control  control  atmoa- 
atmospheric  pollution,  including,  but  not  limited  to,  the  tion,  granted. 
emission  of  smoke,  particulate  matter,  soot,  cinders,  ashes, 
toxic  and  radioactive  substances,  fumes,  vapors,  gases,  in- 
dustrial odors  and  dusts  as  may  arise  within  its  bounds  and 
which  constitutes  a  nuisance,  a  danger  to  the  public  health, 
or  impair  the  public  comfort  and  convenience. 

Said  board  of  health  or  other  legal  authority,  subject  to 
the  approval  of  the  department  of  public  health,  may  from 
time  to  time  adopt  and  shall  enforce  reasonable  rules  and 
regulations  for  the  control  of  atmospheric  pollution.  Before 
the  board  of  health  or  other  legal  authority  submits  such 
rules  and  regulations  to  the  department  for  approval,  such 
board  or  other  legal  authority  shall  hold  a  public  hearing 
thereon,  of  which  notice  shall  be  given  by  publication  for 
one  day  in  each  of  two  successive  weeks  in  a  newspaper 
published  in  the  town,  the  first  publication  to  be  at  least 
fourteen  days  prior  to  the  date  of  the  hearing,  or  if  no  news- 
paper is  published  in  such  town,  by  posting  a  copy  of  such 
notice  in  a  pubhc  place  therein.  Said  rules  and  regulations, 
when  approved  by  the  department,  and  after  pubUcation  in 
a  newspaper  published  in  the  town,  or,  if  no  newspaper  is 
published  in  such  town,  after  posting  a  copy  in  a  public 
place,  shall  have  the  force  of  law. 

The  department  shall  advise  the  board  or  other  legal  au- 
thority in  all  matters  of  atmospheric  pollution.  The  de- 
partment may,  upon  request  of  the  board  of  health  or  other 
legal  authority  of  a  town  adversely  affected  by  atmospheric 
pollution  arising  in  another  town,  after  a  hearing  to  all  par- 
ties interested,  assume  joint  jurisdiction  to  regulate  or  con- 
trol such  cause  of  atmospheric  pollution  and  may  exercise 
all  powers  of  the  local  board  of  health  or  other  legal  authority 
under  provisions  of  the  General  Laws  or  any  special  laws. 

Section  5.     On  the  effective  date  of  this  act,  all  unex-  Expenditure  of 
pended  and  unallocated  balances  of  funds  made  available  '^^ '''°  ^"'"^* 
to  the  division  of  smoke  inspection  under  item  4311-01  of 
section  two  of  chapter  four  hundred  and  fifty-three  of  the 
acts  of  nineteen  hundred  and  fifty-four  shall  be  available 


686 


Acts,  1954.  —  Chaps.  673,  674. 


Apportion- 
ment among 
certain  cities 
and  towns  of 
salaries  and 
expenses. 


G.  L.  (Ter. 
Ed.),  140, 
§§  131D,  132, 
133,  134,  135. 
136,  repealed. 


for  the  purposes  of  this  act  to  the  department  of  public 
health. 

Section  6.  The  salaries  of  the  director  and  all  employees 
of  the  said  division  and  the  expenses  incurred  in  the  per- 
formance of  its  functions  shall  be  apportioned  annually  by 
the  state  treasurer  among  the  cities  and  towns  comprising 
the  district  defined  by  chapter  six  hundred  and  fifty-one  of 
the  acts  of  nineteen  hundred  and  ten,  and  acts  in  amendment 
thereof  and  in  addition  thereto,  in  proportion  to  their  last 
annual  taxable  valuation,  and  the  amount  so  apportioned 
shall  be  added  to  their  proportion  of  the  state  tax. 

Section  7.  Sections  one  hundred  and  thirty-one  D,  one 
hundred  and  thirty-two,  one  hundred  and  thirty-three,  one 
hundred  and  thirty-four,  one  hundred  and  thirty-five,  and 
one  hundred  and  thirty-six  of  chapter  one  hundred  and 
forty  of  the  General  Laws  are  hereby  repealed.  All  refer- 
ences to  the  board  or  the  department  of  public  utilities  in 
chapter  six  hundred  and  fifty-one  of  the  acts  of  nineteen 
hundred  and  ten;  chapter  one  hundred  and  eighty-eight  of 
the  acts  of  nineteen  hundred  and  thirty-six;  and  chapter 
five  hundred  and  forty-four  of  the  acts  of  nineteen  hundred 
and  fifty  shall  apply  to  and  the  authority  thereunder  shall 
be  exercised  by  the  department  of  public  health  upon  the 
passage  of  this  act.  Approved  June  10,  1954. 


Chap. 67 S  ^^  ^^'^  LIBERALIZING  THE  PROVISION  OF  THE  EMPLOYMENT 
SECURITY  LAW  RELATIVE  TO  THE  PAYMENT  OF  PARTIAL 
BENEFITS. 


G.  L.  (Ter. 
Ed.),  151A, 
§  29,  etc., 
amended. 


Payment  of 
partial  bene- 
fits under 
employment 
security  law, 
regulated. 


Be  it  enacted,  etc.,  as  follows: 

Section  29  of  chapter  151A  of  the  General  Laws,  as 
amended,  is  hereby  further  amended  by  striking  out  para- 
graph (6),  as  amended  by  section  12  of  chapter  763  of  the 
acts  of  1951,  and  inserting  in  place  thereof  the  following 
paragraph :  — 

(6)  An  individual  in  partial  unemployment  and  other- 
wise eUgible  for  benefits  shall  be  paid  the  difference  between 
his  aggregate  remuneration  with  respect  to  each  week  of  par- 
tial unemployment  and  the  weekly  benefit  rate  to  which  he 
would  have  been  entitled  if  totally  unemployed;  provided, 
however,  that  the  first  ten  dollars  of  earnings  with  respect 
to  each  week  of  partial  unemployment  shall  be  disregarded. 
Said  partial  benefits  shall  be  raised  to  the  next  highest 
dollar  if  it  includes  a  fractional  part  of  a  dollar. 

Approved  June  10,  1954. 


Chap. 67 4i  -^n  Act  reorganizing  the  department  of  agriculture. 

Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  provide  for  the  immediate 
reorganization  of  the  department  of  agriculture,  therefore  it 
is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  convenience. 


Emergency 
preamble. 


Acts,  1954.  — Chap.  674.  687 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Chapter  20  of  the  General  Laws  is  hereby  Ed^^o^"^' 
amended  by  striking  out  sections  1  to  6,  inclusive,  and  in-  §§  i-e,  ' 
serting  in  place  thereof  the  following  six  sections:  —  Sec-  cTartmentof 
lion  1.  There  shall  be  a  department  of  agriculture  under  agriculture, 
the  supervision  and  control  of  a  board  of  agriculture,  here-  '■«'°''sanized. 
inafter  called  the  board,  consisting  of  seven  members  each 
of  whom  shall  be  from  a  different  county,  to  be  appointed 
by  the  governor,  with  the  advice  and  consent  of  the  council. 
At  least  four  members  of  the  board  shall  be  farmers  whose 
principal  vocation  is  the  production  of  food  or  fibre.  Upon 
the  expiration  of  the  term  of  office  of  a  member  of  the  board 
his  successor  shall  be  appointed  by  the  governor,  with  the 
advice  and  consent  of  the  council,  for  seven  years,  but  no 
member  who  has  served  for  five  years  or  longer  shall  be 
eligible  for  reappointment.  The  board  shall  meet  not  less 
than  four  times  a  year  at  the  call  of  the  chairman  or  any 
three  members.  The  chairman  shall  be  chosen  by  a  ma- 
jority of  the  members  of  the  board  present  and  voting 
thereon  at  the  first  meeting  in  each  calendar  year,  and  shall 
serve  until  his  successor  is  chosen.  The  governor,  with  the 
advice  and  consent  of  the  council,  shall  appoint  a  commis- 
sioner from  a  panel  of  not  less  than  three  names  submitted 
by  the  board.  Said  commissioner  shall  serve  for  a  term  of 
four  years  and  shall  have  charge  of  the  administration  of 
the  department.  The  department  may  expend  for  the  trav- 
ehng  expenses  of  its  members  and  employees  incurred  in  the 
performance  of  their  official  duties  and  for  other  necessary 
expenses  of  the  department  such  sums  as  may  be  annually 
appropriated. 

Section  2.    Upon  the  expiration  of  the  term  of  ofiice  of  a  Commisaioner, 
commissioner,  his  successor  shall  be  appointed  by  the  gov-  saia^yl^i^c.^*' 
ernor  as  provided  in  section  one.     The  commissioner  shall 
receive  such  salary,  not  exceeding  nine  thousand  dollars,  as 
the  governor  and  council  may  determine,  and  traveling  ex- 
penses incurred  in  his  official  duties. 

Section  3.    The  commissioner  shall  be  the  executive  and  ^utlls  of "'^ 
administrative  head  of  the  department  and  shall  have  charge  commissioner. 
of  the  administration  and  eriforcement  of  all  laws  which  it 
is  the  duty  of  the  department  to  administer  and  enforce, 
and  shall  direct  all  inspections  and  investigations. 

Section  A.    The  governor,  with  the  advice  and  consent  of  Assistant 

.T      ■,      ,,  .  ^  .  ..  /.  commissioner. 

the  council,  shall  appoint  an  assistant  commissioner  from  a 
panel  of  not  less  than  three  names  submitted  by  the  board 
and  the  commissioner  shall  assign  to  him  from  time  to  time 
such  duties  as  he  may  determine. 

Section  5.    The  assistant  commissioner  shall  receive  such  expenVs^'' 
salary  not  exceeding  seventy-five  hundred  dollars,  as  the 
governor  and  council  may  determine,  and  travehng  expenses 
incurred  in  the  performance  of  his  official  duties. 

Section  6.     The  commissioner  shall  organize  the  depart-  Organization. 
ment  into  divisions,  including  a  division  of  dairying  and 


688 


Acts,  1954. —  Chap.  675. 


Directors 
and  other 
employees. 


G.  L.  (Ter. 
Ed.),  20.  §  7, 
etc.,  amended. 


Proviso. 


Terms  of 
members  of 
board  of 
agriculture. 


Transfer  of 
books,  records, 
etc. 


Rights  of 
personnel  not 
to  be  impaired. 


animal  husbandry,  a  division  of  livestock  disease  control,  a 
division  of  plant  pest  control  and  fairs,  a  division  of  markets, 
and  such  other  divisions  as  he  may  from  time  to  time  deter- 
mine, and  shall  assign  to  said  divisions  their  functions.  The 
commissioner  shall,  with  the  approval  of  the  board  of  agri- 
culture, appoint  a  director  of  each  division  to  have  charge 
of  the  work  of  the  division,  and  he  may,  with  hke  approval, 
remove  such  director  at  any  time.  The  compensation  of 
directors  shall  be  fixed  by  the  commissioner  with  the  approval 
of  the  governor  and  council.  The  commissioner,  with  the 
approval  of  the  board,  shall  appoint  such  scientific  experts 
as  the  work  of  the  department  may  require,  and  may  assign 
them  to  divisions,  transfer  and,  with  hke  approval,  remove 
them,  and  the  provisions  of  chapter  thirty-one  shall  not 
apply.  He  shall,  subject  to  the  provisions  of  said  chapter 
thirty-one,  appoint  inspectors,  investigators,  clerks  and  other 
assistants  as  he  may  deem  necessary. 

Section  2.  Section  7  of  said  chapter  20  is  hereby  amended 
by  striking  out,  in  hne  2,  as  appearing  in  section  1  of  chap- 
ter 604  of  the  acts  of  1953,  the  word  "four"  and  inserting 
in  place  thereof  the  word :  —  six. 

Section  3.  Nothing  in  this  act  shall  interfere  with  the 
completion  of  the  term  of  office  of  the  commissioner  of  agri- 
culture in  office  on  the  effective  date  of  this  act. 

Section  4.  Of  the  initial  appointments  made  by  the  gov- 
ernor to  the  board  of  agriculture,  one  member  shall  serve 
for  a  term  of  one  year,  one  for  a  term  of  two  years,  one  for 
a  term  of  three  years,  one  for  a  term  of  four  years,  one  for 
a  term  of  five  years,  one  for  a  term  of  six  years  and  one  for 
a  term  of  seven  years. 

Section  5.  Upon  the  effective  date  of  this  act  all  books, 
papers  and  records  of  the  advisory  board  of  agriculture,  ex- 
isting prior  to  the  said  date,  shall  be  turned  over  to  the  board 
of  agriculture  established  by  section  one  of  chapter  twenty 
of  the  General  Laws,  as  appearing  in  section  one  of  this  act. 
Notwithstanding  the  provisions  of  section  six  of  said  chap- 
ter twenty,  as  so  appearing,  all  persons  employed  by  the 
department  of  agriculture,  as  existing  prior  to  said  effective 
date,  shall  on  said  effective  date  be  transferred  to  and  be 
employees  of  the  department  of  agriculture,  as  reorganized 
by  section  one  of  this  act,  without  any  impairment  of  civil 
service,  retirement,  seniority  or  other  rights. 

Approved  June  10,  1954. 


Chap.Q75  An  Act  extending  certain  powers  to  the  metropolitan 

district  commission. 


Emergency 
preamble. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  extend  immediately  certain 
powers  to  the  metropolitan  district  commission,  therefore  it 
is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  pubUc  convenience. 


Acts,  1954.  — Chap.  675.  689 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission  is  certain  leases 
hereby  authorized  to  lease,  upon  such  terms  and  conditions  authorized, 
as  it  shall  deem  adequate,  and  for  purposes  consistent  with 
the  zoning  by-laws  of  the  towns  in  which  the  land  lies,  the 
land  of  the  commonwealth  of  Massachusetts  under  its  con- 
trol, however  acquired,  situated  within  the  Neponset  River 
Reservation  in  the  towns  of  Dedham,  Canton  and  Westwood, 
which  it  may  determine  is  no  longer  required  for  park  or 
reservation  purposes,  and  generally  described  as  follows :  — 

Parcel  One.  —  The  land  in  Westwood  and  Dedham, 
bounded:  southwesterly  414  feet  by  Greenlodge  street  now 
known  as  Route  128;  westerly  54  feet  and  southeasterly  67 
feet  by  land  of  owners  unknown;  southwesterly  281  feet  by 
said  Route  128;  westerly  472  feet,  southerly  125  feet,  west- 
erly 1,539.47  feet,  northwesterly  2,058.07  feet,  northeasterly 
534.08  feet,  northwesterly  1,554.40  feet,  and  northwesterly 
1,483.60  feet  by  land  of  owners  unknown;  and,  southeast- 
erly 6,500  feet  by  the  location  of  the  New  York,  New  Haven 
and  Hartford  Railroad;  all  of  said  distances  being  approxi- 
mate. 

Parcel  Tivo.  —  The  land  in  Dedham,  Canton  and  West- 
wood,  bounded:  southwesterly  1,020  feet  by  Route  128; 
northwesterly  6,231  feet  by  the  location  of  the  New  York, 
New  Haven  and  Hartford  Railroad;  northwesterly  by  a 
curved  hne  485  feet  by  land  of  owners  unknown;  north- 
easterly 604  feet  by  other  land  of  the  commonwealth  of 
Massachusetts;  and  southeasterly  6,735  feet  by  other  land 
of  the  commonwealth  of  Massachusetts;  all  of  said  distances 
being  approximate;  provided,  that  the  land  described  as 
Parcel  Two  shall  not  be  developed  until  a  report  thereon 
has  been  filed  by  the  joint  board  authorized  under  the  pro- 
visions of  chapter  eighty-two  of  the  resolves  of  nineteen 
hundred  and  fifty-four. 

Section  2.  Any  lease  hereby  authorized  shall  contain 
provisions  requiring  the  lessee  to  pay  taxes,  as  provided  in 
section  three  A  of  chapter  fifty-nine  of  the  General  Laws. 

Section  3.  No  lease  shall  be  executed  until  after  August 
first,  nineteen  hundred  and  fifty-four,  except  for  the  con- 
struction of  a  parcel  post  facility. 

Section  4.  A  strip  of  land  three  hundred  feet  wide  and 
approximately  two  thousand  feet  long  shall  be  retained  by 
the  metropohtan  district  commission  in  the  northwest  corner 
of  that  portion  of  the  reservation  lying  in  the  town  of  Ded- 
ham, so  as  to  insulate  the  Manor  residential  section  of  that 
town  from  the  proposed  industrial  area.  The  metropolitan 
district  commission  may  use  not  more  than  one  tenth  of  the 
proceeds  from  the  lease  or  leases  herein  authorized  for  the 
purpose  of  improving  this  reserved  strip  as  park  and  recre- 
ation land.  The  strip  shall  be  named  Hemenway  Park,  in 
memory  of  the  donor. 

Section  5.  The  proceeds  from  any  such  lease  or  leases 
shall  be  deposited  in  the  Metropohtan  Parks  Trust  Fund 


690  Acts,  1954. —  Chaps.  676,  677. 

established  under  the  provisions  of  section  thirty-four  of 
chapter  ninety-two  of  the  General  Laws. 

No  lease  shall  be  made  under  the  authority  of  this  act 
without  a  prior  public  hearing  held  in  the  town  of  Dedham, 
notice  of  which,  containing  a  brief  description  of  that  parcel 
of  land  in  each  instance  to  be  leased,  shall  be  published,  at 
least  once  not  less  than  seven  days  before  the  date  set  for 
the  hearing,  in  a  newspaper  which  by  its  title  page  purports 
to  be  printed  or  published  in  a  town  where  a  part  or  all  of 
the  land  lies.  At  said  hearing  a  draft  containing  the  essen- 
tial features  of  the  proposed  lease  shall  be  available  for 
public  inspection. 

Section  6.  The  remaining  portion  of  the  Neponset  River 
Reservation  shall  not  be  sold,  conveyed,  or  leased  without 
approval  by  the  general  court.      Approved  June  10,  1954. 


Chap.676  An  Act  further  defining  the  conditions  of  the  sale 

OF   STATE-AIDED    PROJECTS. 

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

to  defeat  its  purpose,  which  is  to  make  certain  definitions  of 
conditions  of  sale  of  state-aided  projects  effective  forthwith, 
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: 

G.  L.  (Ter.  The  third  paragraph  of  section  26NN  of  chapter  121  of  the 

f  26NN^etc      General  Laws,  as  appearing  in  section  3  of  chapter  200  of 

amended.    "     the  acts  of  1948,  is  hereby  amended  by  striking  out  the  first 

sentence  and  inserting  in  place  thereof  the  following  sen- 

Saie  of  state-     tcucc  i  —  After  March  thirty-first,   nineteen   hundred  and 

prljects"''''''^    fifty-three,  or  such  later  date  as  the  board  shall  determine 

regulated.         that  an  acute  shortage  of  housing  for  veterans  constituting 

a  public  exigency,  emergency  or  distress  no  longer  exists  in  a 

particular  city  or  town,  any  project  constructed  under  this 

section  and  receiving  state  financial  assistance  may,  with  the 

approval  of  the  board,  be  sold  for  the  amount  of  the  fair 

market  value  thereof  as  determined  by  the  board,  but  not 

less  than  the  total  of  the  outstanding  obligations  of  the 

housing  authority  with  respect  to  such  project. 

Approved  June  10,  1954' 


Chav  677  ^^  ^^'^  enabling  cities  and  towns  to  participate  in 

^'  THE   united    states    EDUCATIONAL    EXCHANGE   PROGRAM. 

Emergency  Whereas,  The  deferred  operation  of  this  act  would  tend  to 

pream  e.  defeat  its  purposc,  which  is  to  allow  any  city  or  town  to  par- 
ticipate forthwith  in  the  United  States  educational  exchange 
program,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 


Acts,  1954. —  Chap.  678.  691 

Be  it  enacted,  etc.,  as  follows: 

Chapter  264  of  the  General  Laws  is  hereby  amended  by  Ed^iJ^new 
inserting    after   section    14    the    following    section:  —  ,Sec- §  ha.  added. 
lion  I4A.     Anj^city  or  town  of  the  commonwealth  may,  b""^^idlfand 
through  its  school  committee,  participate  in  the  educational  towns  in  the 
activities  under  the  United  States  Educational  Program  educaticfnar^ 
conducted  by  the  department  of  state  pursuant  to  Public  'jjo^ra^^ 
Law  584,  79th  Congress,  and  Public  Law  402,  80th  Con-  authorized. 
gress,  whereby  there  is  an  interchange  of  teaching  positions 
between  a  teacher  of  such  city  or  town  and  a  teacher  from 
abroad  under  an  arrangement  or  agreement  which  provides 
that  each  teacher  shall  continue  to  receive  his  salary  from 
his  own  school.     The  salary  may  be  paid  by  such  city  or 
town  notwithstanding  that  the  teacher  to  whom  it  is  paid  is 
not  actually  rendering  service  within  the  schools  thereof. 
The  exchange  teacher  from  abroad  shall  not  be  required  to 
take  or  subscribe  to  any  oaths  or  pledge  of  allegiance  which 
is  inconsistent  with  his  citizenship  in  a  foreign  country. 

Approved  June  10,  1954. 

An  Act  authorizing  pay-roll  deductions  on  account  Chav. 67 S 

OF  union  dues  or  dues  to  the  MASSACHUSETTS  STATE 
EMPLOYEES  ASSOCIATION  IN  THE  CASE  OF  CERTAIN  STATE, 
COUNTY   OR   MUNICIPAL    EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  180  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  17A,  inserted  by  section  1  of  chapter  740  §  iTA^eti., 
of  the  acts  of  1950,  and  inserting  in  place  thereof  the  follow-  ""tended. 
ing  section:  —  Section  17 A.    Deductions  on  pay-roll  sched-  Pay-roii 

,"^  ,  IP  ji  1  c  ,     I  ,  deductions  for 

ules  may  be  made  from  the  salary  of  any  state,  county  or  certain  dues 
municipal  employee  of  any  amount  which  such  employee  eLp"oye'es, 
may  specify  in  writing  to  any  state,  county  or  municipal  authorized. 
officer,  or  the  head  of  the  state,  county  or  municipal  depart- 
ment, board  or  commission,  by  whom  or  which  he  is  em- 
ployed, for  the  payment  of  union  dues  to  an  association  of 
state,  county  or  municipal  employees  or  dues  to  the  Massa- 
chusetts State  Employees  Association.     Any  such  authori- 
zation may  be  withdrawn  by  the  employee  by  giving  at  least 
sixty  days'  notice  in  writing  of  such  withdrawal  to  the  state, 
county  or  municipal  officer,  or  the  head  of  the  state,  county 
or  municipal  department,  board  or  commission,  by  whom  or 
which  he  is  then  employed  and  by  fiUng  a  copy  thereof  with 
the  treasurer  of  the  association. 

The  state  treasurer,  the  common  paymaster  as  defined  in 
section  one  hundred  and  thirty-three  of  chapter  one  hun- 
dred and  seventy-five,  or  the  treasurer  of  the  county  or 
municipality  by  which  such  employee  is  employed,  shall  de- 
duct from  the  salary  of  such  employee  such  amount  of  union 
dues  or  dues  to  the  Massachusetts  State  Employees  Asso- 
ciation as  may  be  certified  to  him  on  the  pay-roll,  and  trans- 
mit the  sum  so  deducted  to  the  treasurer  of  said  association; 


692 


Acts,  1954. —  Chap.  679. 


provided,  that  the  state  treasurer,  the  state  comptroller  or 
the  county  or  municipal  treasurer,  as  the  case  may  be,  is 
satisfied  by  such  evidence  as  he  may  require  that  the  treas- 
urer of  such  association  has  given  to  said  asigpciation  a  bond, 
in  a  form  approved  by  the  commissioner,  for  the  faithful  per- 
formance of  his  duties,  in  a  sum  and  with  such  surety  or 
sureties  as  are  satisfactory  to  the  state  treasurer  or  comp- 
troller or  county  or  municipal  treasurer. 

Approved  June  10,  1954- 


Chap.Q79  An  Act  granting  individual  income  tax  relief  to  cer- 
tain  RECIPIENTS   OF   "UNEARNED   INCOME". 


G.  L.  (Ter. 
Ed.),  62,  §  1, 
amended. 


Rates  of 
taxation  in 
certain  cases. 


G.  L.  (Ter. 
Ed.),  62.  §  1, 
further 
amended. 

Exemption 
from  taxation 
in  certain 
cases. 


G.  L.  (Ter. 
Ed.).  62,  §  5. 
amended. 


Rates. 


G.  L.  (Ter. 
Ed.),  62.  §  5, 
etc.,  amended. 


Exemptions. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  1  of  chapter  62  of  the  General  Laws 
is  hereby  amended  by  striking  out  the  first  sentence,  as 
appearing  in  the  Tercentenary  Edition,  and  inserting  in 
place  thereof  the  following  sentence :  —  On  the  amount  by 
which  the  income  of  the  classes  described  in  subsections  (a), 
(6),  (c)  and  (e)  received  by  any  inhabitant  of  the  common- 
wealth during  the  preceding  calendar  year  exceeds  the  ex- 
emption claimed  under  subsection  (/i)  there  shall  be  levied, 
assessed  and  collected  a  tax  at  the  rate  of  six  per  cent. 

Section  2.  Section  1  of  said  chapter  62  is  hereby  further 
amended  by  inserting  after  subsection  (g)  thereof  the  fol- 
lowing subsection :  — 

(h)  The  exemption  which  may  be  claimed  against  income 
described  in  the  first  sentence  of  this  section  shall  be  the  ex- 
cess of  the  exemption  provided  in  subsection  (/)  of  section 
five  over  the  amount  of  the  income  from  annuities. 

Section  3.  Subsection  (a)  of  section  5  of  said  chapter  62 
is  hereby  amended  by  striking  out  the  first  sentence,  as  so 
appearing,  and  inserting  in  place  thereof  the  following  sen- 
tence :  —  (a)  On  the  amount  by  which  the  income  from  an- 
nuities exceeds  the  exemption  provided  in  subsection  (/)  of 
this  section  there  shall  be  levied,  assessed  and  collected  a 
tax  at  the  rate  of  one  and  one  half  per  cent. 

Section  4.  Subsection  (6)  of  section  5  of  said  chapter  62 
is  hereby  amended  by  striking  out  the  first  sentence,  as  most 
recently  amended  by  section  1  of  chapter  486  of  the  acts  of 
1939,  and  inserting  in  place  thereof  the  following  three  sen- 
tences :  —  The  excess  of  the  income  derived  from  professions, 
employment,  trade  or  business  as  defined  in  section  six  over 
the  exemption  provided  in  the  second  or  third  sentence  of 
this  subsection,  whichever  is  applicable,  shall  be  taxed  at  the 
rate  of  one  and  one  half  per  cent  per  annum.  In  the  case  of 
a  single  person  or  a  married  person  fiUng  a  separate  return 
the  exemption  allowable  under  this  subsection  shall  be  two 
thousand  dollars.  In  the  case  of  a  husband  and  wife  filing 
a  joint  return  the  exemption  allowable  under  this  subsection 
shall  be  an  amount  equal  to  the  sum  of  two  thousand  dollars 
and  the  income  as  defined  in  section  six  of  the  spouse  having 


Acts,  1954.  —  Chap.  679.  693 

the  smaller  such  income  but  in  no  event  shall  the  exemption 
exceed  four  thousand  dollars. 

Section  5.    Section  5  of  said  chapter  62  is  hereby  further  o.  l.  (Ter. 
amended  by  inserting  after  subsection  (e),  as  so  appearing,  further  ' 

the  two  following  subsections:  —  amended. 

(f)  An  exemption  shall  be  allowed  against  income  from  Exemptions 
annuities  in  the  amount  of  one  thousand  dollars  or  the  ex-  "unearned 
emption  determined  in  subsection  (g),  whichever  is  smaller.  1^",^,,°^^"' 
In  the  case  of  an  inhabitant  who  has  attained  sixty-five 
years  of  age  before  the  close  of  the  preceding  calendar  year, 
or  where  a  joint  return  is  filed  by  a  husband  and  wife  and 
either  of  them  has  attained  sixty-five  years  of  age  before  the 
close  of  the  preceding  calendar  year,  said  exemption  shall  be 
in  the  amount  of  one  thousand  five  hundred  dollars  or  the 
amount  determined  in  subsection  (g),  whichever  is  smaller. 
No  exemption  shall  be  allowed  under  this  subsection  to  any 
inhabitant  who,  at  the  close  of  the  preceding  calendar  year, 
was  married  and  not  legally  separated  from  his  or  her  spouse 
under  a  decree  of  divorce  or  separate  maintenance  unless  a 
joint  return  is  filed  in  accordance  with  the  provisions  of  the 
last  paragraph  of  section  twenty-two,  and  the  combmed  in- 
come of  both  spouses  is  included  in  said  joint  return. 

No  exemption  shall  be  allowed  under  this  subsection  to 
any  unmarried  inhabitant  whose  income  during  the  pre- 
ceding calendar  year  from  all  sources,  both  taxable  and  non- 
taxable, exceeded  five  thousand  dollars;  nor  shall  any  ex- 
emption be  allowed  a  husband  or  wife  if  the  combined  in- 
come of  both  spouses  during  the  preceding  calendar  year  from 
all  sources,  both  taxable  and  non-taxable,  exceeded  seven 
thousand,  five  hundred  dollars. 

{g)  The  exemption  determined  under  this  subsection  shall 
be  the  amount  by  which  two  thousand  dollars  exceeds  the 
income  from  the  profession,  employment,  trade  or  business 
as  defined  in  section  six  and  in  the  case  of  a  joint  return  by  a 
husband  and  wife,  such  exemption  shall  be  increased  by  such 
income  of  that  one  of  such  spouses  having  the  smaller  of 
such  income  or  by  two  tho\isand  dollars,  whichever  is  smaller. 

Section  6.    Said  chapter  62  is  hereby  further  amended  by  g.  l.  (Ter. 
inserting  after  section  12,  as  so  appearing,  the  following  sec-  f  ibA^td'ded. 
tion:  —  Section  12 A.    For  any  beneficiary  whose  exemption 
provided  under  subsection  Qi)  of  section  one  exceeds  said 
beneficiary's  income  of  the  classes  described  in  subsections 
(«))  (^)>  (c)  and  (e)  of  section  one  for  the  preceding  calendar 
year,  a  trustee  may,  upon  application  by  such  beneficiary, 
claim  an  exemption  in  the  amount  of  such  excess.     In  the  Same 
event  an  inhabitant  of  the  commonwealth  is  a  beneficiary  of  ^"^'J®*'*- 
more  than  one  fiduciary,  the  aggregate  of  the  exemptions 
allowable  against  said  inhabitant's  shares  of  income  from 
all  fiduciaries  shall  not  exceed  the  amount  by  which  said 
inhabitant's  exemption  allowable  under  subsection   Qi)   of 
section  one  exceeds  the  amount  of  said  inhabitant's  income 
of  the  classes  described  in  subsections  (a),  (6),  (c)  and  (e) 
of  section  one  for  the  preceding  calendar  year. 


694 


Acts,  1954. —  Chap.  680. 


Effective 
date. 

Application 
thereof. 


Section  7.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  fifty-five,  and  shall  apply  to  income 
received  in  the  calendar  year  nineteen  hundred  and  fifty- 
four  and  thereafter.  Approved  June  10,  1964. 


Chap. 680  An  Act  relative  to  the  organization  and  administra- 
tion OF  THE  personnel  SYSTEM  OF  THE  COMMONWEALTH. 


G.  L.  (Ter. 
Ed.),  7,  §  7, 
etc.,  amended. 


G.  L.  (Ter. 
Ed.),  7,  §  28, 
amended. 


Powers  and 
duties  of  the 
director  of 
personnel  and 
standardiza- 
tion. 


Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  Section  7  of  chapter  7  of  the  General  Laws  is 
hereby  amended  by  striking  out  the  second  paragraph,  as 
most  recently  amended  by  chapter  526  of  the  acts  of  1953. 

Section  2.  Said  chapter  7  is  hereby  further  amended  by 
striking  out  section  28,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  section : 
—  Section  28.  The  director  of  personnel  and  standardiza- 
tion may  carry  on  departmental  research,  tending  to  greater 
co-ordination  and  standardization  of  personnel  administra- 
tion, including  the  making  of  examinations  and  investiga- 
tions, the  employment  of  technical  advisers  for  such  pur- 
poses, and  the  making  of  recommendations  based  thereon. 

Subject  to  approval  of  the  commission  on  administration 
and  finance,  the  said  director  shall  make,  and  from  time  to 
time  may  amend,  rules  which  shall  regulate  vacation  leave, 
sick  leave  and  other  leave  with  pay  and  overtime  compensa- 
tion, maintenance  charges,  or  payments  in  lieu  thereof,  travel 
and  meals  for  persons  travehng  within  or  without  the  com- 
monwealth, for  permanent  and  temporary  employees  and 
for  officers  other  than  those  exempted  by  such  rules;  pro- 
vided, however,  that  such  rules  regulating  sick  leave  shall 
provide  that  any  such  officer  or  employee  who,  while  in  the 
performance  of  duty,  shall  receive  bodily  injuries  resulting 
from  acts  of  violence  of  any  patient  or  prisoner  in  his  custody, 
and  who  as  a  result  of  such  injury  shall  be  entitled  to  weekly 
cash  benefits  under  chapter  one  hundred  and  fifty-two,  may 
be  paid  the  difference  between  such  benefits  and  his  regular 
pay,  without  use  of  any  sick  leave  credit  to  which  he  may 
have  been  entitled  prior  to  such  injury,  and  notwithstanding 
the  fact  that  such  injury  shall  be  for  less  than  eight  days' 
duration. 

Before  making  any  such  rule  or  amendment  thereto,  and 
before  making  any  determination  under  authority  of  section 
thirty  A  of  chapter  one  hundred  and  forty-nine,  the  director 
of  personnel  and  standardization  shall,  not  later  than  thirty 
days  before  the  date  on  which  the  proposed  rule,  amend- 
ment or  determination  is  to  become  effective,  cause  a  notice 
thereof  to  be  posted  in  a  conspicuous  place  in  the  office  of 
each  appointing  authority  of  the  commonwealth,  and  shall, 
not  later  than  fifteen  days  before  the  said  date,  hold  a  pubUe 
hearing  thereon.  Such  notice  shall  set  forth  the  proposed 
rule,  amendment  or  determination,  and  shall  specify  the 
hour,  day  and  place  of  the  said  public  hearing.    Any  such 


Acts,  1954.  —  Chap.  680.  695 

oflficer  or  employee  desiring  to  testify  at  the  said  hearing 
shall,  with  the  prior  consent  of  his  appointing  authority,  be 
allowed  to  attend  the  same  without  loss  of  pay. 

The  director  of  personnel  and  standardization  may,  with 
approval  of  the  commission  on  administration  and  finance, 
make  rules  for  the  prevention  of  accidents  and  industrial 
or  occupational  diseases  in  any  employment  or  place  of  em- 
ployment maintained  by  the  commonwealth.  The  said 
director  shall  investigate  any  written  complaint  filed  with 
him  by  any  officer  or  employee  of  the  commonwealth,  de- 
scribing in  detail  and  with  supporting  evidence,  any  al- 
legedly unsafe  or  insanitary  condition  relating  to  the  work 
of  such  officer  or  employee;  and  the  said  director  shall  in 
writing  report  his  findings  and  recommendations  thereon  to 
the  commission  on  administration  and  finance,  to  the  officer 
or  employee  who  shall  have  filed  such  complaint,  and  to  the 
appointing  authority  concerned.  The  commissioner  of  labor 
and  industries  and  the  commissioner  of  pubhc  health  shall 
furnish  the  said  director  with  such  advice  and  assistance  as 
he  may  request  for  the  purpose  of  administering  the  provi- 
sions of  this  paragraph. 

All  rules,  amendments  thereto,  and  determinations  made 
in  accordance  with  this  section  shall  be  open  to  pubhc  in- 
spection in  the  files  of  the  division  of  personnel,  and  copies 
thereof  shall  be  made  available  to  officers  and  employees  of 
the  commonwealth  upon  request. 

Section  3.    Said  chapter  7  is  hereby  further  amended  by  g.  l.  (Ter. 
inserting  after  said  section  28  the  following  section:  —  Sec-  f28A^addrd. 
Hon  28 A.    The  said  director  shall  also,  with  advice  and  as- 
sistance from  time  to  time  from  the  director  of  civil  service  Programs  for 
and  the  principal  appointing  authorities  of  the  common-  couJ^gfmen't 
wealth,  organize  or  further  develop,  and  generally  direct,  in  and  adyance- 

'         *  .   . ,  1,,^'        r  •      1  •      •     J  -    ment  of  State 

every  agency  of  the  commonwealth  so  far  as  in  his  judgment  employees. 
feasible,  programs  for  the  training,  encouragement  and  ad- 
vancement of  officers  and  employees  serving  in  offices  and 
positions  required  to  be  classified  under  section  forty-five 
of  chapter  thirty. 

Section  4.  Section  31 A  of  chapter  29  of  the  General  Edo.ioi^i'siA, 
Laws  is  hereby  amended  by  striking  out,  in  lines  3  and  22,  etc, 'amended, 
as  appearing  in  chapter  520  of  the  acts  of  1946,  the  words 
"commission  on  administration  and  finance"  and  inserting 
in  place  thereof,  in  each  instance,  the  words :  —  director  of 
personnel  and  standardization,  —  and  by  striking  out,  in 
line  2  of  paragraph  (c),  as  appearing  in  chapter  521  of  the 
acts  of  1953,  the  words  "commission  on  administration  and 
finance"  and  inserting  in  place  thereof  the  words:  —  di- 
rector and. 

Section  5.    Section  24  of  chapter  30  of  the  General  Laws,  g.  l.  (Ter. 
as  most  recently  amended  by  chapter  408  of  the  acts  of  1946,  etc!. 'amended, 
is  hereby  further  amended  by  striking  out,  in  lines  8  and  9, 
the  words  "commission  on  administration  and  finance"  and 
inserting  in  place  thereof  the  words :  —  director  of  personnel 
and  standardization. 


696 


Acts,  1954. —  Chap.  680. 


G.  L.  (Ter. 
Ed.).  30.  i  38. 
amended. 


Central  per- 
sonnel register, 
records, 
reports,  etc. 


G.  L.  (Ter. 
Ed.),  149,  §  6, 
etc.,  amended. 


Pro\-iso. 


G.  L.  (Ter. 
Ed.),  152.  §  75, 
etc.,  amended. 


G.  L.  (Ter. 
Ed.),  30,  §  45. 
etc..  amended. 


Office  and 
position  classi- 
fication plan. 


Section  6.  Section  38  of  said  chapter  30,  as  appearing 
in  the  Tercentenary  Edition,  is  hereby  amended  by  adding 
at  the  end  the  following  paragraph:  — 

Said  division  shall  establish  and  maintain  a  central  per- 
sonnel register,  recording  therein,  for  all  employees  of  the 
commonwealth,  such  records  as  may  be  deemed  necessary 
by  the  director  of  personnel  and  standardization  with  the 
advice  and  recommendations  of  the  commission  on  admin- 
istration and  finance  and  the  director  of  civil  service.  He 
shall  maintain  a  current  record  of  all  persons  working  for  the 
commonwealth.  Notwithstanding  any  other  provisions  of 
law,  all  state  officers  or  department  heads,  including  the  legis- 
lature, judicial  and  institution  heads,  shall  report  on  all  em- 
ployees and  all  accessions  and  separations  relating  to  their 
agencies. 

Section  7.  Section  6  of  chapter  149  of  the  General  Laws, 
as  most  recently  amended  by  chapter  155  of  the  acts  of  1952, 
is  hereby  further  amended  by  adding  at  the  end  the  following 
paragraph:  — 

The  provisions  of  this  section  and  of  sections  three  and 
five  shall  not  apply  to  any  employment  or  place  of  employ- 
ment subject  to  the  provisions  of  section  twenty-eight  of 
chapter  seven. 

Section  8.  Section  75  of  chapter  152  of  the  General  Laws, 
as  most  recently  amended  by  section  1  of  chapter  610  of  the 
acts  of  1951,  is  hereby  amended  by  inserting  after  the  word 
"department",  in  line  13,  the  words:  — and,  in  the  case  of 
every  such  agent  acting  for  any  board,  commission  or  de- 
partment of  the  commonw^eaith,  with  the  director  of  per- 
sonnel and  standardization. 

Section  9.  Chapter  30  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  45,  as  most  recently  amended 
by  section  1  of  chapter  311  of  the  acts  of  1948,  and  inserting 
in  place  thereof  the  following  section :  —  Section  4-5-  The 
director  of  personnel  and  standardization  shall  establish,  ad- 
minister and  keep  current  and  complete  an  office  and  posi- 
tion classification  plan  and  a  pay  plan  of  the  commonwealth. 

(1)  In  pursuance  of  such  responsibilities  as  to  the  said 
classification  plan,  the  said  director  shall  classify  all  ap- 
pointive offices  and  positions  in  the  government  of  the 
commonwealth,  excepting  such  offices  and  positions  in  the 
judicial  and  legislative  branches,  but  including  clerical  as- 
sistants of  registers  of  probate,  and  he  may  from  time  to 
time  reclassify  any  such  office  or  position.  In  so  classifying 
or  reclassifying  any  such  office  or  position,  the  said  director 
(a)  shall  ascertain  and  record  the  duties,  responsibilities,  or- 
ganizational relationships,  quafifications  for,  and  other  sig- 
nificant characteristics  of  the  office  or  position;  (6)  shall 
group  into  single  classes  all  such  offices  and  positions,  re- 
gardless of  agency  or  geographical  location,  which  are  sub- 
stantially alike  in  the  duties,  responsibiUties,  organizational 
relationships,  qualifications  for,  and  other  significant  charac- 
teristics of  them ;  (c)  for  each  such  class  shall  estabhsh  speci- 


Acts,  1954. —  Chap.  680.  697 

fications  which  shall  include  (i)  an  appropriate  descriptive 
title  and  code  number  for  the  class,  which  shall  be  the  offi- 
cial title  of  all  offices  and  positions  in  the  class  and  shall  be 
set  forth  on  all  pay  rolls  by  name  or  code,  and  (ii)  the  com- 
mon features  of  the  duties,  responsibilities,  organizational 
relationships,  qualifications  for,  and  other  significant  char- 
acteristics of  all  offices  and  positions  in  the  class;  and  (d)  may 
from  time  to  time  establish  new  classes  and  alter,  divide, 
combine  or  abohsh  existing  classes. 

(2)  Such  specifications  for  each  such  class  shall  be  sub- 
mitted to  the  director  of  civil  service  for  his  prior  review  and 
written  comment;  and  in  so  far  as  such  specifications  shall 
apply  to  any  office  or  position  subject  to  chapter  thirty-one, 
they  shall  not  be  effective  if  within  five  work  days  following 
their  submission  to  him  the  said  director  shall  object  to  them 
in  writing  to  the  director  of  personnel  and  standardization; 
provided,  however,  that  if  in  such  a  case  the  director  of  per- 
sonnel and  standardization  and  the  director  of  civil  service 
shall  be  unable  to  agree  upon  such  specifications,  the  same 
shall,  for  the  purposes  of  the  said  classification  plan,  be  de- 
termined by  the  commission  on  administration  and  finance. 

(3)  All  such  specifications  shall  be  open  to  pubHc  inspec- 
tion in  the  files  of  the  division  of  personnel  and  standardiza- 
tion, where  three  sets  of  such  specifications  shall  be  main- 
tained as  follows: — (a)  a  list  arranged  alphabetically  by 
class  titles;  (5)  a  schematic  list  arranged  so  as  to  show  the 
relationships  between  all  the  said  classes;  and  (c)  a  sche- 
matic list  arranged  so  as  to  show  for  each  agency,  and  the 
principal  administrative  units  thereof,  the  relationships  be- 
tween the  several  classes  of  offices  and  positions  in  the  agency 
and  the  principal  administrative  units  thereof.  The  director 
of  personnel  and  standardization  shall  furnish  copies  of  all 
such  specifications  to  the  director  of  civil  service,  and  to 
each  appointing  authority  the  director  of  personnel  and 
standardization  shall  furnish  copies  of  such  specifications 
for  all  offices  and  positions  to  which  the  appointing  authority 
may  make  appointments. 

(4)  In  pursuance  of  his  said  responsibilities  as  to  the  said 
pay  plan,  the  director  of  personnel  and  standardization  shall 
allocate  each  such  office  or  position  to  the  appropriate  sal- 
ary grade  in  one  of  the  salary  schedules  set  forth  in  section 
forty-six,  excepting  such  offices  and  positions  the  pay  for 
which  is  or  shall  be  otherwise  fixed  by  law  and  those  the 
pay  for  which  is  required  by  law  to  be  fixed  subject  to  the 
approval  of  the  governor  and  council,  and  he  may  from  time 
to  time  reallocate  any  such  office  or  position.  In  so  allocat- 
ing or  reallocating  any  such  office  or  position,  the  said  di- 
rector shall  use  standard,  objective  methods  and  procedures 
for  evaluating  the  same  so  that  the  principle  of  fair  and 
equal  pay  for  similar  work  shall  be  followed;  and  all  offices 
and  positions  in  the  same  class  shall  be  allocated  to  the  same 
salary  grade. 

(5)  Every  such  classification  or  reclassification,  and  every 


698 


Acts,  1954. —  Chap.  680. 


G.  L.  (Ter. 
Ed.),  30,  §  46, 
etc.,  amended. 


G.  L.  (Ter. 
Ed.),  30,  §  46, 
etc.,  further 
amended. 

Recruitment 
of  certain 
employees  at 
higher  salary 
rate,  permitted 


such  allocation  or  reallocation,  of  any  such  office  or  position 
shall  be  submitted  by  the  director  of  personnel  and  stand- 
ardization to  the  commission  on  administration  and  finance 
for  approval,  and  none  shall  be  effective  without  the  approval 
of  the  said  commission;  provided,  however,  that  the  said 
commission  shall  not  approve  the  allocation  or  reallocation 
of  any  such  office  or  position  to  a  salary  grade  higher  than 
that  proposed  by  the  said  director,  but  the  said  commission 
may  allocate  or  reallocate  any  such  office  or  position  to  a 
salary  grade  lower  than  that  proposed  by  the  said  director. 

(6)  Subject  to  the  approval  of  the  commission  on  admin- 
istration and  finance,  the  director  of  personnel  and  stand- 
ardization shall  make,  and  from  time  to  time  may  amend, 
rules  governing  the  estabhshment  and  administration  of  the 
said  classification  and  pay  plans.  Such  rules,  and  amend- 
ments thereto,  shall  be  open  to  pubUc  inspection  in  the  files 
of  the  division  of  personnel  and  standardization  and  copies 
thereof  shall  be  made  available  to  officers  and  employees  of 
the  commonwealth  upon  request. 

(7)  In  performing  his  duties  under  this  section,  the  said 
director  shall  from  time  to  time  consult  with  the  appointing 
authorities  concerned,  or  their  designated  deputies,  and  may 
from  time  to  time  consult  with  representatives  of  officers 
and  employees  of  the  commonwealth;  and  he  may  from  time 
to  time  appoint  and  seek  the  advice  of  such  committees  of 
such  officers  and  employees,  their  representatives,  and  of 
consultants  from  outside  the  service  of  the  commonwealth 
as  he  may  consider  necessary  or  desirable. 

(8)  The  foregoing  provisions  of  this  section  shall  be  sub- 
ject to  the  provisions  of  sections  forty-six  to  fifty,  inclusive, 
wherever  the  same  or  any  of  them  shall  apply. 

Section  10.  Section  46  of  said  chapter  30  is  hereby 
amended  by  striking  out  paragraph  (1),  as  appearing  in  sec- 
tion 2  of  chapter  311  of  the  acts  of  1948,  and  inserting  in 
place  thereof  the  following  paragraph :  — 

(1)  The  following  shall  be  the  salary  schedules  for  the 
pay  plan  of  the  commonwealth :  — 

Section  11.  Said  section  46  of  said  chapter  30  is  hereby 
further  amended  by  striking  out  paragraph  (5),  as  so  appear- 
ing, and  inserting  in  place  thereof  the  following  paragraph :  — 

(5)  The  said  director  may,  with  the  approval  of  the  com- 
mission on  administration  and  finance,  permit  the  recruit- 
ment of  employees  at  a  rate  above  the  minimum,  but  not 
exceeding  the  maximum,  of  the  salary  grade  for  the  office 
or  position  concerned;  provided,  however,  that  the  said  di- 
rector shall  have  first  determined,  upon  request  of  the  ap- 
pointing authority  concerned,  that  an  emergency  shall  exist, 
due  to  lack  of  sufficient  employees.  Any  such  permit  shall 
remain  in  effect  until  rescinded  by  the  said  director,  but  shall 
not  be  in  effect  longer  than  one  year  unless  renewed  in  hke 
manner  and  with  like  approval.  Whenever  the  said  director 
shall  permit  such  recruitment,  all  employees  in  the  same 
class  being  paid  at  a  rate  or  rates  below  such  rate  of  recruit- 


Acts,  1954. —  Chap.  680.  699 

ment  shall  be  advanced  to  the  said  recruitment  rate  in  the 
salary  grade. 

Section  12.    Said  section  46  of  said  chapter  30  is  hereby  g.  l.  (Ter. 
further  amended  by  striking  out  paragraph  (6),  as  most  re-  ^tcii'furt'hlr^' 
cently  amended  by  section  1  of  chapter  406  of  the  acts  of  1949,  amended. 
and  inserting  in  place  thereof  the  following  paragraph :  — 

(6)  When  in  accordance  with  sections  forty-five  to  fifty,  Regulation  of 
inclusive,  the  office  of  any  officer  or  the  position  of  any  em-  po'^itionrre^-'* 
ployee  shall  be  initially  allocated  to  a  salary  grade  in  the  allocated,  etc. 
appficable  salary  schedule,  or  shall  be  reallocated  to  a  higher 
salary  grade,  or  when  in  accordance  with  the  said  sections 
any  officer  or  employee  shall  be  transferred  or  promoted  to 
another  position  in  a  different  salary  grade,  any  such  officer 
or  employee,  for  subsequent  step-rate  increases,  shall  be 
credited  with  the  number  of  years  of  service  which  shall 
correspond  to  his  rate  in  the  salary  grade  for  such  office  or 
position.  Any  officer  or  employee  reinstated  or  re-employed, 
if  reinstated  or  re-employed  within  three  years  following  his 
separation  from  the  pay  roll,  shall  be  credited  with  the  num- 
ber of  years  of  service  which  shall  correspond  to  his  rate  in 
the  salary  grade  to  which  his  office  or  position  at  the  time 
of  such  separation  shall  then  have  been  allocated ;  but  in  no 
event  shall  he  be  paid  at  a  rate  lower  than  that  which  he 
shall  have  been  receiving  at  the  time  of  such  separation. 
Such  credit  for  any  employee  reinstated  or  re-employed  after 
three  or  more  years  following  such  separation  shall  be  deter- 
mined in  accordance  with  rules  of  the  director  of  personnel 
and  standardization. 

Section  13.     Paragraph  (8)  of  said  section  46  of  said  EdVsol^e 
chapter  30,  as  most  recently  amended  by  section  2  of  said  etc^, 'further 
chapter  406,  is  hereby  further  amended  by  inserting  after  amended. 
the  word  "rendered",  in  line  3,  the  words:  — in  such  posi- 
tion, — 'and  by  inserting  after  the  word  "in",  in  fine  5,  the 
words :  —  such  position  in. 

Section  14.    Said  chapter  30  is  hereby  further  amended  S%^- (J^'"^ 
by  msertmg  after  section  46  the  following  section :  —  bection  §  46A,  added. 
46 A.    No  office  or  position  subject  to  the  classification  and  ^t"°*'^f'°oa;. 
pay  plans  provided  for  by  section  forty-five  shall  be  allocated  tion's  in  the 
or  reallocated  to  a  salary  grade  in  the  applicable  salary  fcef  rfg'tJaTeT 
schedule  set  forth  in  section  forty-six,  and  the  pay  of  no 
officer  or  employee  of  the  commonwealth  shall  be  increased 
as  the  result  of  such  allocation  or  reallocation  of  any  such 
ojffice  or  position,  unless  and  until  (1)  a  recommendation  or 
request  for  such  allocation  or  reallocation  shall  have  been 
made  in  writing  to  or  by  the  director  of  personnel  and  stand- 
ardization, a  copy  of  which  shall  be  filed  with  the  budget 
commissioner;   (2)  a  written  report  on  such  recommendation 
or  request  shall,  following  investigation  by  the  said  director 
in  accordance  with  the  methods  and  procedures  required  by 
section  forty-five,  have  been  prepared  by  the  said  director; 
and  (3)  a  copy  of  such  report  shall  have  been  filed  by  the 
said  director  with  the  chairman  of  the  commission  on  ad- 
ministration and  finance,  the  budget  commissioner,  and  the 


700 


Acts,  1954. —  Chap.  681. 


G.  L.  (Ter. 
Ed.),  30,  §  48, 
amended. 


G.  L.  (Ter. 
Ed.),  30,  §  49, 
amended. 


G.  L.  (Ter. 
Ed.),  31,  §  2A, 
etc.,  amended. 


Certain 
changes  in 
position  speci- 
fications 
subject  to 
review  by 
director. 


Certain  rules 
and  regula- 
tions, 
continued. 


Certain  rights 
of  employees, 
protected. 


house  and  senate  committees  on  ways  and  means.  Such 
report  shall  include  the  written  comments  which  the  appoint- 
ing authority  concerned  is  hereby  required  to  make  to  the 
said  director  on  the  recommendation  or  request. 

Section  15.  Section  48  of  said  chapter  30,  as  appearing 
in  the  Tercentenary  Edition,  is  hereby  amended  by  striking 
out,  in  line  3,  the  word  "grades"  and  inserting  in  place 
thereof  the  word :  —  classes. 

Section  16.  Section  49  of  said  chapter  30,  as  so  appear- 
ing, is  hereby  amended  by  striking  out,  in  line  5,  the  words 
"governor  and  council"  and  inserting  in  place  thereof  the 
words :  —  commission  on  administration  and  finance. 

Section  17.  Paragraph  (d)  of  section  2A  of  chapter  31 
of  the  General  Laws,  as  appearing  in  section  2  of  chapter  725 
of  the  acts  of  1945,  is  hereby  amended  by  adding  at  the  end 
the  following  sentence :  —  If  in  performing  said  duties  the 
director  proposes  to  change  any  specifications  previously  ap- 
proved in  accordance  with  section  forty-five  of  chapter 
thirty,  he  shall  submit  such  proposed  changes  to  the  direc- 
tor of  personnel  and  standardization  for  his  prior  review  and 
written  comment;  and  they  shall  not  be  effective  if  within 
five  work  days  following  their  submission  to  him  the  said 
director  shall  object  to  them  in  writing  to  the  director  of 
civil  service;  provided,  however,  that  if  in  such  case  the 
director  of  civil  service  and  the  director  of  personnel  and 
standardization  shall  be  unable  to  agree  in  such  changes  in 
specifications,  the  same  shall,  for  the  purposes  of  the  said 
classification  plan,  be  determined  by  the  commission  on  ad- 
ministration and  finance. 

Section  18.  The  rules  and  regulations  of  the  division  of 
personnel  and  standardization  and  of  the  commission  on 
administration  and  finance  in  force  immediately  prior  to 
the  effective  date  of  this  act  are  hereby  continued  and  shall 
become  the  rules  and  regulations  of  the  division  of  personnel 
and  standardization. 

Section  19.  Nothing  in  this  act  shall  be  construed  to 
affect  the  right  of  any  employee  to  vacation  or  sick  leave 
allowances  which  have  accrued  to  him  as  of  the  effective 
date  of  this  act.  Approved  June  10,  1954- 


Chav. Q81  ^^  ^^'^  PROVIDING  for  the  improvement  of  the  admin- 

ISTRATION     OF    JUSTICE     BY     PRESCRIBING     FAIR     ADMINIS- 
TRATIVE   PROCEDURES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  General  Laws  are  hereby  amended  by 
inserting  after  chapter  30  the  following  chapter:  — 


G.  L.  (Ter. 
Ed.),  new 
chapter  30A, 
added. 


Definitions. 


Chapter  30A. 

State  Administrative  Procedure. 

Section  1 .    For  the  purposes  of  this  chapter  — 
(1)  "Adjudicatory  proceeding"  means  a  proceeding  be- 
fore an  agency  in  which  the  legal  rights,  duties  or  privileges 


Acts,  1954.  —  Chap.  681.  701 

of  specifically  named  persons  are  required  by  constitutional 
right  or  by  any  provision  of  the  General  Laws  to  be  deter- 
mined after  opportunity  for  an  agency  hearing.  Without 
enlarging  the  scope  of  this  definition,  adjudicatory  proceed- 
ing does  not  include  (a)  proceedings  solely  to  determine 
whether  the  agency  shall  institute  or  recommend  institution 
of  proceedings  in  a  court;  or  (h)  proceedings  for  the  arbitra- 
tion of  labor  disputes  voluntarily  submitted  by  the  parties 
to  such  disputes;  or  (c)  proceedings  for  the  disposition  of 
grievances  of  employees  of  the  commonwealth;  or  (d)  pro- 
ceedings to  classify  or  reclassify,  or  to  allocate  or  reallocate, 
appointive  offices  and  positions  in  the  government  of  the 
commonwealth. 

(2)  "Agency"  includes  any  department,  board,  commis- 
sion, division  or  authority  of  the  state  government,  or  sub- 
division of  any  of  the  foregoing,  or  official  of  the  state 
government,  authorized  by  law  to  make  regulations  or  to 
conduct  adjudicatory  proceedings,  but  does  not  include  the 
following:  the  legislative  and  judicial  departments;  the  gov- 
ernor and  council;  military  or  naval  boards,  commissions 
or  officials;  the  department  of  correction;  the  youth  service 
board  and  the  division  of  youth  service  in  the  department  of 
education;  the  parole  board;  the  division  of  industrial  acci- 
dents of  the  department  of  labor  and  industries;  and  the 
division  of  child  guardianship  of  the  department  of  public 
welfare. 

(3)  "Party"  to  an  adjudicatory  proceeding  means:  — 
(a)  the  specifically  named  persons  whose  legal  rights,  duties 
or  privileges  are  being  determined  in  the  proceeding;  and 
(h)  any  other  person  who  as  a  matter  of  constitutional  right 
or  by  any  provision  of  the  General  Laws  is  entitled  to  par- 
ticipate fully  in  the  proceeding,  and  who  upon  notice  as 
required  in  paragraph  (1)  of  section  eleven  makes  an  ap- 
pearance; and  (c)  any  other  person  allowed  by  the  agency 
to  intervene  as  a  party.  Agencies  may  by  regulation  not 
inconsistent  with  this  section  further  define  the  classes  of 
persons  who  may  become  parties. 

(4)  "Person"  includes  all  political  subdivisions  of  the 
commonwealth. 

(5)  "Regulation"  includes  the  whole  or  any  part  of  every 
rule,  regulation,  standard  or  other  requirement  of  general 
application  and  future  effect  adopted  by  an  agency  to  im- 
plement or  interpret  the  law  enforced  or  administered  by  it, 
but  does  not  include  (a)  advisory  rulings  issued  under  sec- 
tion eight;  or  (b)  regulations  concerning  only  the  internal 
management  or  discipline  of  the  adopting  agency  or  any 
other  agency,  and  not  directly  affecting  the  rights  of  or  the 
procedures  available  to  the  public  or  that  portion  of  the  public 
affected  by  the  agency's  activities;  or  (c)  regulations  con- 
cerning the  operation  and  management  of  state  penal,  cor- 
rectional, welfare,  educational,  pubUc  health  and  mental 
health  institutions  and  soldiers'  homes,  or  the  development 
and  management  of  property  of  the  commonwealth  or  of  the 


702 


Acts,  1954. —  Chap.  681. 


Notice  and 
public  hearing 
by  agency, 
regulated. 


agency;  or  {d)  regulations  relating  to  the  use  of  public  works, 
including  streets  and  highways,  when  the  substance  of  such 
regulations  is  indicated  to  the  public  by  means  of  signs  or 
signals;   or  (e)  decisions  issued  in  adjudicatory  proceedings. 

(6)  "Substantial  evidence"  means  such  evidence  as  a 
reasonable  mind  might  accept  as  adequate  to  support  a  con- 
clusion. 

Section  2.  Prior  to  the  adoption  or  amendment  of  any 
regulation  as  to  which  a  hearing  is  required  by  any  law,  or 
any  other  regulation  the  violation  of  which  is  punishable  by 
fine  or  imprisonment  except  a  regulation  of  agency  practice 
or  procedure,  an  agency  shall  give  notice  and  hold  a  pubhc 
hearing,  as  follows :  — 

(1)  The  agency  shall,  within  the  time  specified  by  any 
law,  or,  if  no  time  is  specified,  then  at  least  twenty-one  days 
prior  to  the  public  hearing,  (a)  publish  notice  of  such  hear- 
ing in  such  manner  as  is  specified  by  any  law,  or,  if  no  man- 
ner is  specified,  then  in  such  newspapers,  and,  where  appro- 
priate, in  such  trade,  industry  or  professional  publications 
as  the  agency  may  select;  and  (6)  notify  any  person  specified 
by  any  law,  and,  in  addition,  any  person  or  group  fiUng 
written  request,  such  request  to  be  renewed  yearly  in  De- 
cember, for  notice  of  hearings  which  may  affect  that  person 
or  group,  notification  being  by  mail  or  otherwise  to  the  last 
address  specified  by  the  person  or  group. 

The  notice  shall  (a)  refer  to  the  statutory  authority  under 
which  the  action  is  proposed;  (6)  give  the  time  and  place  of 
the  pubHc  hearing;  (c)  either  state  the  express  terms  or 
describe  the  substance  of  the  proposed  regulation  or  amend- 
ment, or  state  the  subjects  and  issues  involved;  and  {d)  in- 
clude any  additional  matter  required  by  any  law. 

(2)  The  public  hearing  shall  comply  with  any  require- 
ments imposed  by  law,  but  shall  not  be  subject  to  the  pro- 
visions of  this  chapter  governing  adjudicatory  proceedings. 

(3)  If  the  agency  finds  that  immediate  adoption  or  amend- 
ment of  a  regulation  is  necessary  for  the  preservation  of  the 
public  health,  safety  or  general  welfare,  and  that  observance 
of  the  requirements  of  notice  and  pubhc  hearing  would  be 
contrary  to  the  pubhc  interest,  the  agency  may  dispense 
with  such  requirements  and  adopt  the  regulation  or  amend- 
ment as  an  emergency  regulation  or  amendment.  The 
agency's  finding  and  a  brief  statement  of  the  reasons  for  its 
finding  shall  be  incorporated  in  the  emergency  regulation 
or  amendment  as  filed  with  the  state  secretary  under  section 
thirty-seven  of  chapter  thirty.  An  emergency  regulation  or 
amendment  shall  not  remain  in  effect  for  longer  than  three 
months  unless  during  that  time  the  agency  gives  notice  and 
holds  a  pubhc  hearing  as  required  in  this  section,  and  files 
notice  of  compliance  with  the  state  secretary. 

This  section  does  not  reheve  any  agency  from  compliance 
with  any  law  requiring  that  its  regulations  be  approved  by 
designated  persons  or  bodies  before  they  become  effective. 

Section  S.     Prior  to  the  adoption  or  amendment  of  any 


Acts,  1954.  —  Chap.  681.  703 

regulation  other  than  those  subject  to  section  two,  or  the  re-  Notice  and 
peal  of  any  regulation,  an  agency  shall  give  notice  and  ^omt^e'^t^d 
afford  interested  persons  an  opportunity  to  present  data,  ^elrT^*"^" 
views  or  arguments,  as  follows :  — 

(1)  The  agency  shall,  within  the  time  specified  by  any 
law,  or  if  no  time  is  specified,  then  at  least  twenty-one  days 
prior  to  its  proposed  action,  (a)  publish  notice  of  its  pro- 
posed action  in  such  manner  as  is  specified  by  any  law,  or 
if  no  manner  is  specified  then  in  such  newspapers,  and,  where 
appropriate,  in  such  trade,  industry  or  professional  publica- 
tions as  the  agency  may  select;  and  (6)  notify  any  person 
specified  by  any  law,  and,  in  addition,  any  person  or  group 
filing  written  request,  such  request  to  be  renewed  yearly  in 
December,  for  notice  of  proposed  action  which  may  affect 
that  person  or  group,  notification  being  by  mail  or  other- 
wise to  the  last  address  specified  by  the  person  or  group. 

The  notice  shall  (a)  refer  to  the  statutory  authority  under 
which  the  action  is  proposed;  (h)  give  the  time  and  place  of 
any  public  hearing,  or  state  the  manner  in  which  data,  views 
or  arguments  may  be  submitted  to  the  agency  by  any  in- 
terested person ;  (c)  either  state  the  express  terms  or  describe 
the  substance  of  the  proposed  action,  or  state  the  subjects 
and  issues  involved;  and  (d)  include  any  additional  matter 
required  by  any  law. 

(2)  The  agency  shall  afford  interested  persons  an  oppor- 
tunity to  present  data,  views  or  arguments  in  regard  to  the 
proposed  action  orally  or  in  writing.  If  the  agency  finds 
that  oral  presentation  is  unnecessary  or  impracticable,  it 
may  require  that  presentation  be  made  in  writing. 

(3)  If  the  agency  finds  that  the  recfuirements  of  notice 
and  opportunity  to  present  views  on'  its  proposed  action 
are  unnecessary,  impracticable  or  contrary  to  the  public  in- 
terest, the  agency  may  dispense  with  such  requirements  or 
any  part  thereof.  The  agency's  finding  and  a  brief  statement 
of  the  reasons  for  its  finding  shall  be  incorporated  in  the 
regulation,  amendment  or  repeal  as  filed  with  the  state  secre- 
tary under  section  thirty-seven  of  chapter  thirty. 

This  section  does  not  reheve  any  agency  from  compHance 
with  any  law  requiring  that  its  regulations  be  approved  by 
designated  persons  or  bodies  before  they  may  become  effec- 
tive. 

Section  4-    Any  interested  person  may  petition  an  agency  Certain 
requesting  the  adoption,  amendment  or  repeal  of  any  regu-  anyVnferested 
lation,  and  may  accompany  his  petition  with  such  data,  views  authorized. 
and  arguments  as  he  thinks  pertinent.     Each  agency  shall 
prescribe  by  regulation  the  procedure  for  the  submission, 
consideration  and  disposition  of  such  petitions. 

Section  5.    Regulations  made  in  accordance  with  the  pro-  Regulations 
visions  of  this  chapter  shall  be  filed  with  the  state  secretary  ^ith'stite 
under  the  requirements  of  section  thirty-seven  of  chapter  secretary,  etc. 
thirty.    Regulations  shall  become  effective  upon  fifing,  unless 
a  later  date  is  required  by  any  law  or  is  specified  by  the 
agency  in  the  regulation. 


704 


Acts,  1954.  — Chap.  681. 


Publication 
by  agency  of 
its  regulations, 
required. 
Distribution, 
etc. 


Duty  of  state 
secretary. 


Judicial  review 
of  regulations. 


Advisory 
rulings  in 
oert.iin  cases, 
authorized. 


Adoption  of 

regulations, 

required. 

Adjudicatory 

proceedings, 

regulated. 


Such  filing  shall  be  prkna  facie  evidence  of  compliance 
with  all  regulation  making  requirements  imposed  by  law. 

Section  6.  Each  agency  shall  compile  all  of  its  regulations 
currently  in  effect  and  cause  them  to  be  published  in  pamph- 
let, looseleaf  or  other  appropriate  form  in  printed,  mimeo- 
graphed or  other  written  manner,  and  shall  make  the  pub- 
Ucation  available  for  distribution  to  any  interested  person  on 
request.  The  publication  may  be  compiled  in  separate  parts, 
so  long  as  the  parts  taken  together  include  all  regulations. 
The  agency  shall  keep  the  publication  currently  up  to  date 
in  any  manner  it  deems  practicable. 

The  agency  may  include  in  the  publication  an  informal 
description  of  its  organization  and  procedures,  and  any  other 
explanatory  information  it  considers  useful  to  aid  inter- 
ested persons  in  deahng  with  the  agency. 

Except  where  any  law  requires  distribution  to  designated 
persons  or  groups  without  request,  the  agency  is  authorized 
to  charge  not  more  than  cost  for  each  copy  of  the  publication 
distributed  upon  request.  The  charge  shall  be  subject  to 
the  approval  of  the  state  purchasing  agent,  in  accordance 
with  the  procedure  provided  in  section  twenty-nine  of  chap- 
ter seven. 

The  state  secretary,  if  he  finds  that  any  agency  fails  to 
comply  with  this  section,  shall  report  the  matter  to  the  gov- 
ernor and  council.  The  state  secretary  shall  also,  as  part  of 
his  regular  annual  report  to  the  general  court,  report  on  the 
state  of  comphance  of  the  agencies  with  this  section.  For 
these  purposes,  all  agencies  shall  file  with  the  state  secretary 
copies  of  their  publications  of  compiled  regulations,  and  shall 
supply  him  with  such  other  information  as  he  may  request. 

Section  7.  Unless  an  exclusive  mode  of  review  is  provided 
by  law,  judicial  review  of  any  regulation  may  be  had  through 
petition  for  declaratory  relief  in  the  manner  and  to  the  extent 
provided  under  chapter  two  hundred  and  thirty-one  A. 

Section  8.  On  request  of  any  interested  person,  an  agency 
may  make  an  advisory  ruling  with  respect  to  the  applica- 
bility to  any  person,  property  or  state  of  facts  of  any  statute 
or  regulation  enforced  or  administered  by  that  agency.  In 
issuing  the  advisory  ruling,  the  agency  need  not  comply  with 
the  requirements  of  this  chapter  with  respect  to  regulations. 

Section  9.  Each  agency  shall  adopt  regulations  governing 
the  procedures  prescribed  by  this  chapter. 

Section  10.  In  conducting  adjudicatory  proceedings,  as 
defined  in  this  chapter,  agencies  shall  afford  all  parties  an 
opportunity  for  full  and  fair  hearing.  Unless  otherwise  pro- 
vided by  any  law,  agencies  may  (1)  place  on  any  party  the 
responsibility  of  requesting  a  hearing  if  the  agency  notifies 
him  in  writing  of  his  right  to  a  hearing  and  of  his  responsi- 
bility to  request  the  hearing;  (2)  make  informal  disposition 
of  any  adjudicatory  proceeding  by  stipulation,  agreed  settle- 
ment, consent  order  or  default;  (3)  limit  the  issues  to  be 
heard  or  vary  the  procedures  prescribed  by  section  eleven, 
if  the  parties  agree  to  such  limitation  or  variation;   and  (4) 


Acts,  1954. —  Chap.  681.  705 

allow  any  person  showing  that  he  may  be  substantially  and 
specifically  affected  by  the  proceeding  to  intervene  as  a 
party  in  the  whole  or  any  portion  of  the  proceeding,  and 
allow  any  other  interested  person  to  participate  by  presenta- 
tion of  argument  orally  or  in  writing,  or  for  any  other  limited 
purpose,  as  the  agency  may  order. 

When  a  party  to  an  adjudicatory  proceeding  has  the  oppor- 
tunity, by  provision  of  any  law  or  by  regulation,  to  obtain 
more  than  one  agency  hearing  on  the  same  question,  whether 
before  the  same  agency  or  before  different  agencies,  it  shall 
be  sufficient  if  the  last  hearing  available  to  the  party  complies 
with  the  requirements  of  this  chapter,  and  the  earlier  hear- 
ings need  not  so  comply. 

When  a  party  has  the  opportunity  to  obtain  an  agency 
hearing,  followed  by  one  or  more  appeals  before  the  same 
agency  or  before  different  agencies,  such  appeals  being  limited 
to  the  record  made  at  the  hearing,  the  appeal  procedure  need 
not  comply  with  any  requirement  of  this  chapter  for  the 
conduct  of  adjudicatory  proceedings  except  paragraphs  (7) 
and  (8)  of  section  eleven. 

When,  under  a  provision  of  any  law,  a  hearing  is  required 
only  upon  direction  of  an  agency  or  upon  request  made  in 
accordance  with  such  provision  by  a  person  entitled  to  make 
such  request,  the  requirements  of  this  chapter  governing  the 
conduct  of  adjudicatory  proceedings  shall  not  apply  unless 
and  until  such  direction  or  request  is  in  fact  made. 

Section  11.    In  addition  to  other  requirements  imposed  by  Requirements 
law  and  subject  to  the  provisions  of  section  ten,  agencies  Idjudrdtory"^ 
shall  conduct  adjudicatory  proceedings  in  compHance  with  proceedings, 
the  following  requirements :  — 

(1)  Reasonable  notice  of  the  hearing  shall  be  accorded  all 
parties  and  shall  include  statements  of  the  time  and  place  of 
the  hearing.  Parties  shall  have  sufficient  notice  of  the  issues 
involved  to  afford  them  reasonable  opportunity  to  prepare 
and  present  evidence  and  argument.  If  the  issues  cannot  be 
fully  stated  in  advance  of  the  hearing,  they  shall  be  fully 
stated  as  soon  as  practicable.  In  all  cases  of  delayed  state- 
ment, or  where  subsequent  amendment  of  the  issues  is  neces- 
sary, sufficient  time  shall  be  allowed  after  full  statement  or 
amendment  to  afford  all  parties  reasonable  opportunity  to 
prepare  and  present  evidence  and  argument  respecting  the 
issues. 

(2)  Unless  otherwise  provided  by  any  law,  agencies  need 
not  observe  the  rules  of  evidence  obser\^ed  by  courts,  but 
shall  observe  the  rules  of  privilege  recognized  by  law.  Evi- 
dence may  be  admitted  and  given  probative  effect  only  if  it 
is  the  kind  of  evidence  on  which  reasonable  persons  are  accus- 
tomed to  rely  in  the  conduct  of  serious  affairs.  Agencies 
may  exclude  unduly  repetitious  evidence,  whether  offered 
on  direct  examination  or  cross-examination  of  witnesses. 

(3)  Every  party  shall  have  the  right  to  call  and  examine 
witnesses,  to  introduce  exhibits,  to  cross-examine  witnesses 
who  testify,  and  to  submit  rebuttal  evidence. 


706  Acts,  1954. —  Chap.  681. 

(4)  All  evidence,  including  any  records,  investigation  re- 
ports, and  documents  in  the  possession  of  the  agency  of 
which  it  desires  to  avail  itself  as  evidence  in  making  a  deci- 
sion, shall  be  offered  and  made  a  part  of  the  record  in  the 
proceeding,  and  no  other  factual  information  or  evidence 
shall  be  considered,  except  as  provided  in  paragraph  (5)  of 
this  section.  Documentary  evidence  may  be  received  in 
evidence  in  the  form  of  copies  or  excerpts,  or  by  incorpora- 
tion by  reference. 

(5)  Agencies  may  take  notice  of  any  fact  which  may  be 
judicially  noticed  by  the  courts,  and  in  addition,  may  take 
notice  of  general,  technical  or  scientific  facts  within  their 
speciahzed  knowledge.  Parties  shall  be  notified  of  the  ma- 
terial so  noticed,  and  they  shall  be  afforded  an  opportunity 
to  contest  the  facts  so  noticed.  Agencies  may  utilize  their 
experience,  technical  competence,  and  specialized  knowledge 
in  the  evaluation  of  the  evidence  presented  to  them. 

(6)  Agencies  shall  make  available  an  official  record,  which 
shall  include  testimony  and  exhibits,  and  which  may  be  in 
narrative  form,  but  the  agency  need  not  arrange  to  trans- 
cribe shorthand  notes  or  sound  recordings  unless  requested 
by  a  party.  If  so  requested,  the  agency  may,  unless  other- 
wise provided  by  any  law,  require  the  party  to  pay  the 
reasonable  costs  of  the  transcript  before  the  agency  makes 
the  transcript  available  to  the  party. 

(7)  If  a  majority  of  the  officials  of  the  agency  who  are  to 
render  the  final  decision  have  neither  heard  nor  read  the 
evidence,  such  decision,  if  adverse  to  any  party  other  than 
the  agency,  shall  be  made  only  after  (a)  a  tentative  or  pro- 
posed decision  is  delivered  or  mailed  to  the  parties  contain- 
ing a  statement  of  reasons  and  including  determination  of 
each  issue  of  fact  or  law  necessary  to  the  tentative  or  pro- 
posed decision;  and  (b)  an  opportunity  is  afforded  each 
party  adversely  affected  to  file  objections  and  to  present 
argument,  either  orally  or  in  writing  as  the  agency  may 
order,  to  a  majority  of  the  officials  who  are  to  render  the 
final  decision.  The  agency  may  by  regulation  provide  that, 
unless  parties  make  written  request  in  advance  for  the  tenta- 
tive or  proposed  decision,  the  agency  shall  not  be  bound  to 
comply  with  the  procedures  of  this  paragraph. 

(8)  Every  agency  decision  shall  be  in  writing  or  stated 
in  the  record.  The  decision  shall  be  accompanied  by  a  state- 
ment of  reasons  for  the  decision,  including  determination  of 
each  issue  of  fact  or  law  necessary  to  the  decision,  unless  the 
General  Laws  provide  that  the  agency  need  not  prepare  such 
statement  in  the  absence  of  a  timely  request  to  do  so. 
Parties  to  the  proceeding  shall  be  notified  in  person  or  by 
mail  of  the  decision;  of  their  rights  to  review  or  appeal  the 
decision  within  the  agency  or  before  the  courts,  as  the  case 
may  be;  and  of  the  time  limits  on  their  rights  to  review  or 
appeal.  A  copy  of  the  decision  and  of  the  statement  of 
reasons,  if  prepared,  shall  be  deUvered  or  mailed  upon  re- 
quest to  each  party  and  to  his  attorney  of  record. 


Acts,  1954.  — Chap.  681.  707 

Section  12.    In  conducting  adjudicatory  proceedings,  agen-  issuance  of 
cies  shall  issue,  vacate,  modify  and  enforce  subpoenas  in  ac-  fn^adjudlcatory 
cordance  with  the  following  provisions :  —  ^J"^^^^  d^^' 

(1)  Agencies  shall  have  the  power  to  issue  subpoenas  re- 
quiring the  attendance  and  testimony  of  witnesses  and  the 
production  of  any  evidence,  including  books,  records,  cor- 
respondence or  documents,  relating  to  any  matter  in  ques- 
tion in  the  proceeding.  Agencies  may  administer  oaths  and 
affirmations,  examine  witnesses,  and  receive  evidence.  The 
power  to  issue  subpoenas  may  be  exercised  by  any  member 
of  the  agency  or  by  any  person  or  persons  designated  by  the 
agency  for  such  purpose. 

(2)  Ihe  agency  may  prescribe  the  form  of  subpoena,  but 
it  shall  adhere,  in  so  far  as  practicable,  to  the  form  used  in 
civil  cases  before  the  courts.  Witnesses  shall  be  summoned 
in  the  same  manner  as  witnesses  in  civil  cases  before  the 
courts,  unless  another  manner  is  provided  by  any  law.  Wit- 
nesses summoned  shall  be  paid  the  same  fees  for  attend- 
ance and  travel  as  in  civil  cases  before  the  courts,  unless 
otherwise  provided  by  any  law. 

(3)  Any  party  to  an  adjudicatory  proceeding  shall  be  en- 
titled as  of  right  to  the  issue  of  subpoenas  in  the  name  of 
the  agency  conducting  the  proceeding.  The  party  may  have 
such  subpoenas  issued  by  a  notary  public  or  justice  of  the 
peace,  or  he  may  make  written  application  to  the  agency, 
which  shall  forthwith  issue  the  subpoenas  requested.  How- 
ever issued,  the  subpoena  shall  show  on  its  face  the  name 
and  address  of  the  party  at  whose  request  the  subpoena  was 
issued.  Unless  otherwise  provided  by  any  law,  the  agency 
need  not  pay  fees  for  attendance  and  travel  to  witnesses 
summoned  by  a  party. 

(4)  Any  witness  summoned  may  petition  the  agency  to 
vacate  or  modify  a  subpoena  issued  in  its  name.  The  agency 
shall  give  prompt  notice  to  the  party,  if  any,  who  requested 
issuance  of  the  subpoena.  After  such  investigation  as  the 
agency  considers  appropriate  it  may  grant  the  petition  in 
whole  or  part  upon  a  finding  that  the  testimony,  or  the  evi- 
dence whose  production  is  required,  does  not  relate  with 
reasonable  directness  to  any  matter  in  question,  or  that  a 
subpoena  for  the  attendance  of  a  witness  or  the  production 
of  evidence  is  unreasonable  or  oppressive,  or  has  not  been 
issued  a  reasonable  period  in  advance  of  the  time  when  the 
evidence  is  requested. 

(5)  Upon  the  failure  of  any  person  to  comply  with  a  sub- 
poena issued  in  the  name  of  the  agency  and  not  revoked  or 
modified  by  the  agency  as  provided  in  this  section,  any  jus- 
tice of  the  superior  court,  upon  application  by  the  agency  or 
by  the  party  who  requested  that  the  subpoena  be  issued, 
may  in  his  discretion  issue  an  order  requiring  the  attendance 
of  such  person  before  the  agency  and  the  giving  of  testimony 
or  production  of  evidence.  Any  person  failing  to  obey  the 
court's  order  may  be  punished  by  the  court  for  contempt. 

Section  13.     "License",  as  used  in  this  section,  includes  "License", 

to  inolude. 


708 


Acts,  1954.  — Chap.  681. 


Revocation, 
renewal,  etc., 
of  licenses, 
regulated. 


any  license,  permit,  certificate,  registration,  charter,  au- 
thority or  similar  form  of  permission  required  by  law. 

Except  as  otherwise  provided  in  this  section,  no  agency 
shall  revoke  or  refuse  to  renew  any  license  unless  it  has  first 
afforded  the  hcensee  an  opportunity  for  hearing  in  conformity 
with  sections  ten,  eleven  and  twelve.  If  a  licensee  has,  in 
accordance  with  any  law  and  with  agency  regulations,  made 
timely  and  sufficient  application  for  a  renewal,  his  license 
shall  not  expire  until  his  application  has  been  finally  deter- 
mined by  the  agency.  Any  agency  that  has  authority  to 
suspend  a  license  without  first  holding  a  hearing  shall 
promptly  upon  exercising  such  authority  afford  the  licensee 
an  opportunity  for  hearing  in  conformity  with  sections  ten, 
eleven  and  twelve. 

This  section  shall  not  apply  — 

(1)  Where  a  provision  of  the  General  Laws  expressly  pro- 
vides that  an  agency  is  not  required  to  grant  a  hearing  in 
regard  to  revocation,  suspension  or  refusal  to  renew  a  license, 
as  the  case  may  be;  or 

(2)  Where  the  agency  is  required  by  any  law  to  revoke, 
suspend  or  refuse  to  renew  a  license,  as  the  case  may  be, 
without  exercising  any  discretion  in  the  matter,  on  the  basis 
of  a  court  conviction  or  judgment;  or 

(3)  Where  the  revocation,  suspension  or  refusal  to  renew 
is  based  solely  upon  failure  of  the  licensee  to  file  timely  re- 
ports, schedules,  or  applications,  or  to  pay  lawfully  pre- 
scribed fees,  or  to  maintain  insurance  coverage  as  required 
by  any  law  or  by  regulation. 

Section  I4.  Except  so  far  as  any  provision  of  law  expressly 
pro'cee'ding8.°'^  prccludes  judicial  review,  any  person  or  appointing  authority 
aggrieved  by  a  final  decision  of  any  agency  in  an  adjudicatory 
proceeding,  whether  such  decision  is  affirmative  or  negative 
in  form,  shall  be  entitled  to  a  judicial  review  thereof,  as 
follows:  — 

W^here  a  statutory  form  of  judicial  review  or  appeal  is  pro- 
vided, other  than  by  extraordinary  writ,  such  statutory 
form  shall  govern  in  all  respects,  except  as  to  standards  for 
review.  The  standards  for  review  shall  be  those  set  forth  in 
paragraph  (8)  of  this  section,  except  so  far  as  statutes  pro- 
vide for  review  by  trial  de  novo.  In  so  far  as  the  statutory 
form  of  judicial  review  or  appeal  is  silent  as  to  procedures 
provided  in  this  section,  the  provisions  of  this  section  shall 
govern  such  procedures. 

Where  no  statutory  form  of  judicial  review  or  appeal  is 
provided,  or  where  the  only  statutory  form  of  review  is  by 
extraordinary  writ,  judicial  review  shall  be  obtained  by 
means  of  a  petition  for  review,  as  follows:  — 

(1)  Proceedings  for  judicial  review  of  an  agency  decision 
shall  be  instituted  by  the  filing  of  a  petition  for  review  in  the 
superior  court  for  the  county  (a)  where  the  petitioners  or  any 
of  them  reside  or  have  their  principal  place  of  business  within 
the  commonwealth,  or  (6)  where  the  agency  has  its  principal 
ofl&ce,  or  (c)  of  Suffolk.    The  court  may  grant  a  change  of 


Judicial  review 


Exceptions. 


Acts,  1954. —  Chap.  681.  709 

venue  upon  good  cause  shown.  The  petition  shall  be  filed 
in  the  court  within  thirty  days  after  receipt  of  notice  of  the 
final  decision  of  the  agency,  or,  if  a  petition  for  re-hearing 
has  been  timel}'-  filed  with  the  agency,  within  thirty  days 
after  receipt  of  notice  of  agency  denial  of  such  petition  for 
re-hearing.  Upon  application  made  within  the  thirty-day 
period  or  any  extension  thereof,  the  court  may  for  good 
cause  shown  extend  the  time.  A  copy  of  the  petition  shall, 
within  the  same  period,  be  serv^ed  personally  or  by  regis- 
tered mail  upon  the  agency  or  one  of  its  members  or  upon 
its  secretary  or  clerk. 

(2)  The  petition  shall  be  addressed  to  the  court  and  shall 
include  a  concise  statement  of  the  facts  upon  which  juris- 
diction and  venue  are  based,  facts  showing  that  petitioner  is 
aggrieved,  and  the  ground  or  grounds  specified  in  paragraph 
(8)  of  this  section  upon  which  petitioner  contends  he  is  en- 
titled to  relief.  The  petition  shall  demand  the  relief  to  which 
petitioner  believes  he  is  entitled,  which  demand  may  be  in 
the  alternative.  Copies  of  the  petition  shall  be  served,  per- 
sonally or  by  registered  mail,  not  later  than  ten  daj^s  after 
the  institution  of  the  proceeding  upon  all  parties  to  the 
agency  proceeding  in  which  the  decision  sought  to  be  re- 
viewed was  made.  For  the  purpose  of  such  service  the  agency 
upon  request  shall  certify  to  the  petitioner  the  names  and 
addresses  of  all  such  parties  as  disclosed  by  its  records,  and 
service  upon  parties  so  certified  shall  be  suflacient.  All  par- 
ties to  the  proceeding  before  the  agency  shall  have  the  right 
to  intervene  in  the  proceeding  for  review.  The  court  may  in 
its  discretion  permit  other  interested  persons  to  inter\^ene. 

(3)  The  filing  of  the  petition  shall  not  operate  as  a  stay 
of  enforcement  of  the  agency  decision,  but  the  agency  may 
stay  enforcement,  and  the  reviewing  court  may  order  a  stay 
upon  such  terms  as  it  considers  proper. 

(4)  Within  forty  days  after  service  of  a  copy  of  the  peti- 
tion for  review  upon  the  agency,  or  within  such  further  time 
as  the  court  may  allow,  the  agency  shall  file  in  the  court  the 
original  or  a  certified  copy  of  the  record  of  the  proceeding 
under  review.  The  record  shall  consist  of  (a)  the  entire  pro- 
ceedings, or  (6)  such  portions  thereof  as  the  agency  and  the 
parties  may  stipulate,  or  (c)  a  statement  of  the  case  agreed 
to  by  the  agency  and  the  parties.  The  expense  of  preparing 
the  record  may  be  assessed  as  part  of  the  costs  in  the  case, 
and  the  court  may,  regardless  of  the  outcome  of  the  case, 
assess  any  one  unreasonably  refusing  to  stipulate  to  hmit 
the  record,  for  the  additional  expenses  of  preparation  caused 
by  such  refusal.  The  court  may  require  or  permit  subse- 
quent corrections  or  additions  to  the  record  when  deemed 
desirable. 

(5)  Any  person  served  with  a  copy  of  the  petition  for  re- 
view as  provided  in  paragraph  (2)  of  this  section,  and  who 
desires  to  intervene  in  the  review  proceeding,  shall,  within 
ten  days  after  service  of  the  copy  of  the  petition  upon  such 
person,  serve  upon  petitioner  and  the  agency,  and  file  in  the 


710  Acts,  1954. —  Chap.  681. 

court,  a  notice  of  intervention  stating  his  interest  and  the 
position  he  takes  with  respect  to  the  agency  decision  under 
review.  Service  of  all  subsequent  papers  or  notices  in  the 
review  proceeding  need  be  made  only  upon  the  agency  and 
the  parties,  who  shall  include  the  petitioner,  those  persons 
who  have  filed  notices  of  intervention,  and  any  other  persons 
who  have  been  permitted  to  intervene  by  the  court. 

(6)  The  review  shall  be  conducted  by  the  court  without  a 
jury  and  shall  be  confined  to  the  record,  except  that  in  cases 
of  alleged  irregularities  in  procedure  before  the  agency,  not 
shown  in  the  record,  testimony  thereon  may  be  taken  in  the 
court. 

(7)  If  application  is  made  to  the  court  for  leave  to  present 
additional  evidence,  and  it  is  shown  to  the  satisfaction  of  the 
court  that  the  additional  evidence  is  material  to  the  issues 
in  the  case,  and  that  there  was  good  reason  for  failure  to 
present  it  in  the  proceeding  before  the  agency,  the  court 
may  order  that  the  additional  evidence  be  taken  before  the 
agency  upon  such  conditions  as  the  court  deems  proper. 
The  agency  may  modify  its  findings  and  decision  by  reason 
of  such  additional  evidence  and  shall  file  with  the  reviewing 
court,  to  become  a  part  of  the  record;  the  additional  evi- 
dence, together  with  any  modified  or  new  findings  or  decision. 

(8)  The  court  may  affirm  the  decision  of  the  agency,  or 
remand  the  matter  for  further  proceedings  before  the 
agency;  or  the  court  may  set  aside  or  modify  the  decision, 
or  compel  any  action  unlawfully  withheld  or  unreasonably 
delayed,  if  it  determines  that  the  substantial  rights  of  any 
party  may  have  been  prejudiced  because  the  agency  de- 
cision is  — 

(a)  In  violation  of  constitutional  provisions;  or 
(h)  In  excess  of  the  statutory  authority  or  jurisdiction  of 
the  agency;  or 

(c)  Based  upon  an  error  of  law;  or 

(d)  Made  upon  unlawful  procedure;  or 

(e)  Unsupported  by  substantial  evidence;  or 

(/)  Unwarranted  by  facts  found  by  the  court  on  the  rec- 
ord as  submitted  or  as  amplified  under  paragraph  (7)  of  this 
section,  in  those  instances  where  the  court  is  constitutionally 
required  to  make  independent  findings  of  fact;  or 

{g)  Arbitrary  or  capricious,  an  abuse  of  discretion,  or  other- 
wise not  in  accordance  with  law. 

The  court  shall  make  the  foregoing  determinations  upon 
consideration  of  the  entire  record,  or  such  portions  of  the 
record  as  may  be  cited  by  the  parties.  The  court  shall  give 
due  weight  to  the  experience,  technical  competence,  and 
specialized  knowledge  of  the  agency,  as  well  as  to  the  dis- 
cretionary authority  conferred  upon  it. 

If  the  court  finds  that  the  action  of  the  appointing  au- 
thority in  discharging,  removing,  suspending,  laying  off, 
transferring  from  his  office  or  employment  without  his  con- 
sent, lowering  in  rank  or  compensation  or  abolishing  his 
position,  or  the  action  of  the  commission  confirming  the 


Acts,  1954.  — Chap.  681.  711 

action  taken  by  the  appointing  authority,  was  not  justified, 
the  employee  shall  be  reinstated  in  his  office  or  position 
without  loss  of  compensation  and  the  court  shall  assess 
reasonable  costs  against  the  employer. 

Section  15.  The  supreme  judicial  court  shall  have  juris-  Jurisdiction 
diction  to  review  any  proceedings  had,  determinations  made,  j°ud^cfaT™urt. 
and  orders  or  decrees  issued  in  the  superior  court  pursuant 
to  section  fourteen  in  the  same  manner  and  to  the  same  ex- 
tent as  in  equity  suits,  so  far  as  the  provisions  governing 
equity  suits  are  applicable.  The  court  may  by  rule  vary  the 
procedure  authorized  or  required  by  this  section  upon  a 
finding  that  the  review  by  the  court  will  thereby  be  made 
more  simple,  speedy  and  effective. 

Section  16.     The  supreme  judicial  court  shall  have  the  Power  of 
power  to  make  rules  of  pleading,  practice  and  procedure  chiTc^t"  '" 
supplementary  to  and  not  inconsistent  with  the  provisions  r^^'^etc'^'*^'" 
of  this  chapter  relating  to  judicial  review  of  administrative 
action,  and  to  amend  such  rules,  for  the  purpose  of  securing 
a  simple,  speedy  and  effective  judicial  review  of  administra- 
tive action. 

Section  1 7.    If  any  provision  of  this  chapter  or  the  applica-  Severabiuty 
tion  thereof  to  any  person  or  circumstance  is  held  ijQvalid,  p''°^'^^'°'*- 
such  invalidity  shall  not  affect  other  provisions  or  applica- 
tions of  the  chapter  which  can  be  given  effect  without  the 
invahd  provision  or  application. 

Section  2.  Section  thirty-seven  A  of  chapter  thirty  of  Edj,'  3or§'37A, 
the  General  Laws,  inserted  by  chapter  five  hundred  and  etc.,  repealed.  ' 
seventy-six  of  the  acts  of  nineteen  hundred  and  fifty-one,  is 
hereby  repealed.  Any  reference  in  the  General  Laws  to  said 
section  thirty-seven  A  shall  be  deemed  to  refer  to  section 
two  of  chapter  thirty  A  of  the  General  Laws,  inserted  by 
section  one  of  this  act. 

Section  3.  Subdivision  1  of  the  second  paragraph  of  sec-  Ed^'ill^ 
tion  4  of  chapter  14  of  the  General  Laws,  as  appearing  in  sec-  etc!, 'amended. 
tion  1  of  chapter  654  of  the  acts  of  1953,  is  hereby  further 
amended  by  striking  out,  in  fines  9  and  10,  the  words  "sec- 
tions thirty-seven  and  thirty-seven  A  of  chapter  thirty"  and 
inserting  in  place  thereof  the  words:  —  section  thirty-seven 
of  chapter  tliirty  and  section  two  of  chapter  thirty  A. 

Section  4.  The  first  paragraph  of  section  IIK  of  chapter  g  l.  (jer. 
23  of  the  General  Laws,  as  appearing  in  section  2  of  chap-  etc, 'amendid. ' 
ter  707  of  the  acts  of  1941,  is  hereby  amended  by  striking  out 
the  seventh  sentence,  —  by  striking  out,  in  fine  30,  the  words 
"on  questions  on  law",  —  and  by  adding  at  the  end  the  fol- 
lowing sentence :  —  Such  order  or  decision  shall  be  reviewed 
in  accordance  with  the  standards  for  review  provided  in 
paragraph  (8)  of  section  fourteen  of  chapter  thirty  A. 

Section  5.     Section  13  of  chapter  58A  of  the  General  Ed.^.ssA,' 
Laws  is  hereby  amended  by  striking  out  the  fifth  sentence,  §  ^^.'etc.,' 
as  appearing  in  section  7  of  chapter  321  of  the  acts  of  1933,  ^^'^^  " 
— •  by  striking  out,  in  fine  23  as  so  appearing,  the  words  "as 
to  matters  of  law",  —  and  by  inserting  after  the  sixth  sen- 
tence, as  so  appearing,  the  following  sentence :  —  The  de- 


712 


Acts,  1954. —  Chap.  681. 


G.  L.  (Ter. 
Ed.),  93, 
§  21C,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  94A, 
§  21,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  Ill, 
§  27B,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  112,164, 
amended. 


G.  L.  (Ter. 
Ed.),  150A,§6, 
etc.,  amended. 


G.  L.  (Ter. 
Ed.),150A,§6, 
etc.,  further 
amended. 


G.  L.  (Ter. 
Ed.),  151A, 
§  42,  etc., 
amended. 


cision  of  the  board  shall  be  reviewed  in  accordance  with  the 
standards  for  review  provided  in  paragraph  (8)  of  section 
fourteen  of  chapter  thirty  A. 

Section  6.  Section  21C  of  chapter  93  of  the  General 
Laws,  inserted  by  section  2  of  chapter  583  of  the  acts  of 
1941,  is  hereby  amended  by  striking  out,  in  line  5,  the  words 
"the  reasonableness  of",  —  and  by  adding  at  the  end  the 
following  sentence :  —  Such  review  shall  be  in  accordance 
with  the  standards  of  review  provided  in  paragraph  (8)  of 
section  fourteen  of  chapter  thirty  A. 

Section  7.  Section  21  of  chapter  94A  of  the  General 
Laws  is  hereby  amended  by  striking  out  the  fourth  sentence, 
as  appearing  in  section  2  of  chapter  691  of  the  acts  of  1941, 
and  inserting  in  place  thereof  the  following  sentence :  —  The 
order,  rule,  regulation  or  decision  of  the  commission  shall  be 
reviewed  in  accordance  with  the  standards  for  review  pro- 
vided in  paragraph  (8)  of  section  fourteen  of  chapter  thirty  A, 

—  and  by  striking  out  the  seventh  sentence,  as  so  appear- 
ing. 

Section  8.  The  sixth  paragraph  of  section  27B  of  chap- 
ter 111  of  the  General  Laws,  as  appearing  in  section  1  of 
chapter  600  of  the  acts  of  1953,  is  hereby  amended  by  strik- 
ing out,  in  lines  16  and  17,  the  words  "sections  thirty-seven 
and  thirty-seven  A  of  chapter  thirty"  and  inserting  in  place 
thereof  the  words:  — section  thirty-seven  of  chapter  thirty 
and  section  two  of  chapter  thirty  A. 

Section  9.  Section  64  of  chapter  112  of  the  General 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  striking  out,  in  line  4,  the  words  "if  it  appears 
that  the  decision  was  clearly  wrong"  and  inserting  in  place 
thereof  the  words:  — in  accordance  with  the  standards  for 
review  provided  in  paragraph  (8)  of  section  fourteen  of  chap- 
ter thirty  A. 

Section  10.  Paragraph  (e)  of  section  6  of  chapter  150A 
of  the  General  Laws,  as  appearing  in  section  2  of  chapter  345 
of  the  acts  of  1938,  is  hereby  amended  by  striking  out  the 
fourth  sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  The  order  or  decision  of  the  commission  shall  be 
reviewed  in  accordance  with  the  standards  for  review  pro- 
vided in  paragraph  (8)  of  section  fourteen  of  chapter  thirty  A, 

—  and  by  striking  out,  in  lines  34  and  35,  the  words  "which, 
if  supported  by  the  evidence,  shall  be  conclusive,". 

Section  11.  Paragraph  (/)  of  said  section  6  of  said  chap- 
ter 150A,  as  so  appearing,  is  hereby  amended  by  striking 
out,  in  Hues  21  to  23,  inclusive,  the  words  " ;  and  the  find- 
ings of  the  commission  as  to  the  facts,  if  supported  by  evi- 
dence, shall  in  hke  manner  be  conclusive". 

Section  12.  Section  42  of  chapter  151 A  of  the  General 
Laws,  as  amended,  is  hereby  further  amended  by  striking 
out  the  eighth  sentence,  as  appearing  in  section  6  of  chapter 
534  of  the  acts  of  1943,  and  inserting  in  place  thereof  the 
following  sentence :  —  The  findings  and  decisions  of  the 
board  shall  be  reviewed  in  accordance  with  the  standards 


Acts,  1954.  — Chap.  681.  713 

for  review  provided  in  paragraph  (8)  of  section  fourteen  of 
chapter  thirty  A. 

Section  13.     Section  6  of  chapter  151B  of  the  General  Ed^iMB 
Laws,  as  appearing  in  section  4  of  chapter  368  of  the  acts  of  §  e'.  etc.. 
1946,  is  hereby  amended  by  striking  out  the  seventh  sentence  ^^^'^'^^'i- 
and  inserting  in  place  thereof  the  following  sentence :  —  The 
order  or  decision  of  the  commission  shall  be  reviewed  in  ac- 
cordance with  the  standards  for  review  provided  in  para- 
graph (8)  of  section  fourteen  of  chapter  thirty  A. 

Section  14.     Section  4  of  chapter  151C  of  the  General  e^^iJic 
Laws,  as  appearing  in  section  2  of  chapter  726  of  the  acts  of  §  4'  etc., 
1949,  is  hereby  amended  by  striking  out  paragraph  (c)  and  '''"^'^'^^^• 
inserting  in  place  thereof  the  following  paragraph :  — 

(c)  The  decision  of  the  board  shall  be  reviewed  in  accord- 
ance with  the  standards  for  review  provided  in  paragraph  (8) 
of  section  fourteen  of  chapter  thirty  A. 

Section  15.    Paragraph  (c)  of  section  52F  of  chapter  152  g-^^.  crer. 
of  the  General  Laws,  as  appearing  in  section  2  of  chapter  §  52F,  etc.. 
619  of  the  acts  of  1947,  is  hereby  amended  by  striking  out,  '^'"'^'^ded. 
in  hnes  4  and  5,  the  words  "and  shall  not  be  limited  to  ques- 
tions of  law",  —  and  by  inserting  after  the  first  sentence  the 
following  sentence:  —  The  order  or  decision  of  the  commis- 
sioner shall  be  reviewed  in  accordance  with  the  standards 
for  review  provided  in  paragraph  (8)  of  section  fourteen  of 
chapter  thirty  A. 

Section  16.    The  second  paragraph  of  section  5  of  chap-  g.  l.  (Ter. 
ter  167  of  the  General  Laws,  as  appearing  in  chapter  337  of  §  a'^'etc^' 
the  acts  of  1933,  is  hereby  amended  by  striking  out,  in  line  8,  amended, 
the  words  "of  fact  and  of  law  involved"  and  inserting  in 
place  thereof  the  words:  —  in  accordance  with  the  standards 
for  review  provided  in  paragraph  (8)  of  section  fourteen  of 
chapter  thirty  A. 

Section  17.    Paragraph  (c)  of  section  18  of  chapter  174A  Ed^mT 
of  the  General  Laws,  as  appearing  in  section  1  of  chapter  614  §  I's.'etc.  ' 
of  the  acts  of  1947,  is  hereby  amended  by  striking  out,  in  ^'^'''"^^'^^ 
line  4,  the  words  "and  shall  not  be  limited  to  questions  of 
law",  —  and  by  inserting  after  the  first  sentence  the  follow- 
ing sentence :  —  The  order  or  decision  shall  be  reviewed  in 
accordance  with  the  standards  for  review  provided  in  para- 
graph (8)  of  section  fourteen  of  chapter  thirty  A. 

Section  18.    Paragraph  C  of  section  108  of  chapter  175  Ed.^iTs."^' 
of  the  General  Laws,  as  appearing  in  section  1  of  chapter  275  §  ibs,  etc.. 
of  the  acts  of  1954,  is  hereby  further  amended  by  striking  out,  '"""^  ^ 
in  line  13,  the  words  "of  fact  and  of  law  involved  therein" 
and  inserting  in  place  thereof  the  words:  —  in  accordance 
with  the  standards  for  review  provided  in  paragraph  (8)  of 
section  fourteen  of  chapter  thirty  A. 

Section  19.    Paragraph  (c)  of  section  19  of  chapter  175A  ^j^;  {^|X\ 
of  the  General  Laws,  as  appearing  in  section  1  of  chapter  5  is.'etc.,  ' 
641  of  the  acts  of  1947,  is  hereby  amended  by  striking  out,  in  °'^^^ 
line  4,  the  words  "and  shall  not  be  limited  to  questions  of 
law",  —  and  by  inserting  after  the  first  sentence  the  follow- 
ing sentence :  —  The  order  or  decision  shall  be  reviewed  in 


714  Acts,  1954. —  Chap.  682. 

accordance  with  the  standards  for  review  provided  in  para- 
graph (8)  of  section  fourteen  of  chapter  thirty  A. 
General  repeal        SECTION  20.     All  provisions  of  the  General  Laws  setting 
provision.         forth  Standards  for  review  in  conflict  with  paragraph  (8)  of 
section  fourteen  of  chapter  thirty  A  of  the  General  Laws 
are  hereby  repealed. 
PubUcation  oi        SECTION  2L     The  initial  compilation  and  publication  by 
Jel^ated!^'       cach  agcucy  under  section  six  of  said  chapter  thirty  A  of  all 
its  regulations  shall  be  made  as  soon  as  practicable  after  the 
effective  date  of  this  act,  but  not  later  than  one  year  there- 
after. 
Effective  SECTION  22.    This  act  shall  take  effect  on  July  first,  nine- 

A^  ^ligation       ^^^^^  hundred  and  fifty-five,  but  those  of  its  provisions  that 
thereof.  relate  to  agency  procedure  shall  not  be  applied  in  any  pro- 

ceeding then  pending  in  an  agency  unless  the  agency  and, 
the  parties  agree  to  their  application,  and  those  of  its  pro- 
visions that  relate  to  judicial  review  shall  not  be  applied  in 
any  proceeding  then  pending  in  a  court  unless  the  agency 
and  the  parties  agree  to  their  application  and  the  court  gives 
its  approval.  Approved  June  10,  1954. 

C hap. Q82  An  Act  relative  to  the  terms  of  certain  bonds  and 

NOTES   TO    be   issued    BY   THE   COMMONWEALTH. 

prTambil''^  Wkeretts,  The  deferred  operation  of  this  act  would  cause 

great  inconvenience  in  the  issues  of  bonds  and  notes  to  carry 
out  the  purposes  of  various  acts  passed  at  the  current  ses- 
sion of  the  general  court,  therefore  it  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  I.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  notes  which  the  state  treasurer  is  authorized  to 
issue  under  section  four  of  chapter  one  hundred  and  forty- 
eight  of  the  acts  of  the  current  year,  establishing  a  gypsy 
moth  control  program,  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-nine,  as  recommended  by  the  governor  in  a  message  to 
the  general  court,  dated  June  eighth,  nineteen  hundred  and 
fifty-four,  in  pursuance  of  section  3  of  Article  LXil  of  the 
amendments  to  the  constitution  of  the  commonwealth. 

Section  2.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  three  of  chapter  two  hundred  and 
seventy-eight  of  the  acts  of  the  current  year,  authorizing  the 
metropolitan  district  commission  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,  shall  be 
issued  for  maximum  terms  of  thirty  years,  and  shall  be  pay- 
able not  earher  than  July  first,  nineteen  hundred  and  fifty- 


Acts,  1954.  —  Chap.  682.  715 

five,  nor  later  than  June  thirtieth,  nineteen  hundred  and 
eighty-five,  as  recommended  by  the  governor  in  a  message 
to  the  general  court,  dated  June  eighth,  nineteen  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  authorized 
to  issue  under  section  four  of  chapter  three  hundred  and 
ninety-nine  of  the  acts  of  the  current  year,  to  include  the 
town  of  Wilmington  within  the  north  metropolitan  sewerage 
district,  shall  be  issued  for  maximum  terms  of  thirty  years, 
as  recommended  by  the  governor  in  a  message  to  the  general 
court,  dated  June  eighth,  nineteen  hundred  and  fifty-four, 
in  pursuance  of  section  3  of  Article  LXII  of  the  amendments 
to  the  constitution  of  the  commonwealth. 

Section  4.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  eight  of  chapter  four  hundred  and 
three  of  the  acts  of  the  current  year,  providing  for  an  ac- 
celerated highway  program,  shall  be  issued  for  maximum 
terms  of  twenty  years,  the  initial  maturities  of  which  shall 
be  payable  not  later  than  one  year  from  their  date  of  issue, 
and  the  entire  issue  not  later  than  June  thirtieth,  nineteen 
hundred  and  eighty,  as  recommended  by  the  governor  in  a 
message  to  the  general  court,  dated  June  eighth,  nineteen 
hundred  and  fifty-four,  in  pursuance  of  section  3  of  Article 
LXII  of  the  amendments  to  the  constitution  of  the  common- 
wealth. 

Section  5.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  three  of  chapter  four  hundred  and 
fifty-two  of  the  acts  of  the  current  year,  providing  for  the 
construction  of  additional  sewers  in  the  north  metropolitan 
sewerage  district,  shall  be  issued  for  maximum  terms  of 
thirty  years,  as  recommended  by  the  governor  in  a  message 
to  the  general  court,  dated  June  eighth,  nineteen  hundred 
and  fifty-four,  in  pursuance  of  section  3  of  Article  LXII  of 
the  amendments  to  the  constitution  of  the  commonwealth. 

Section  6.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  three  of  chapter  four  hundred  and 
sixty-two  of  the  acts  of  the  current  year,  providing  for  the 
reconstruction  of  the  Clinton  sewage  disposal  works,  shall 
be  issued  for  maximum  terms  of  thirty  years,  and  shall  be 
payable  not  earher  than  July  first,  nineteen  hundred  and 
fifty-four,  nor  later  than  June  thirtieth,  nineteen  hundred  and 
eight3''-nine,  as  recommended  by  the  governor  in  a  message 
to  the  general  court,  dated  June  eighth,  nineteen  hundred 
and  fifty-four,  in  pursuance  of  section  3  of  Article  LXII  of 
the  amendments  to  the  constitution  of  the  commonwealth. 

Section  7.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  notes  which  the  state  treasurer  is  authorized 
to  issue  under  section  three  of  chapter  four  hundred  and 


716  Acts,  1954.  — Chap.  683. 

seventy-one  of  the  acts  of  the  current  year,  to  provide  for  a 
special  capital  outlay  program  for  the  commonwealth,  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-seven,  and  the  bonds 
which  the  state  treasurer  is  authorized  to  issue  under  section 
four  of  said  chapter  four  hundred  and  seventy-one,  shall  be 
issued  for  maximum  terms  of  ten  years,  the  initial  maturi- 
ties of  which  shall  be  payable  not  later  than  one  year  from 
their  date  of  issue,  and  the  entire  issue  not  later  than  June 
thirtieth,  nineteen  hundred  and  sixty-nine,  as  recommended 
by  the  governor  in  a  message  to  the  general  court,  dated 
June  eighth,  nineteen  hundred  and  fifty-four,  in  pursuance 
of  section  3  of  Article  LXII  of  the  amendments  to  the  con- 
stitution of  the  commonwealth. 

Section  8.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  two  of  chapter  five  hundred  and 
seventy-five  of  the  acts  of  the  current  year,  authorizing  the 
port  of  Boston  commission  to  enter  into  a  lease  of  the  army 
base  from  the  United  States  of  America,  shall  be  issued  for 
maximum  terms  of  twenty  years,  the  initial  maturities  of 
which  shall  be  payable  not  later  than  one  year  from  their 
date  of  issue,  and  the  entire  issue  not  later  than  June  thir- 
tieth, nineteen  hundred  and  seventy-five,  as  recommended 
by  the  governor  in  a  message  to  the  general  court,  dated 
June  eighth,  nineteen  hundred  and  fifty-four,  in  pursuance 
of  section  3  of  Article  LXII  of  the  amendments  to  the  con- 
stitution of  the  commonwealth. 

Section  9.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  two  of  chapter  five  hundred  and 
eighty  of  the  acts  of  the  current  year,  providing  additional 
funds  to  cover  the  cost  of  sewerage  works  within  the  south 
metropolitan  sewerage  district,  shall  be  issued  for  maximum 
terms  of  thirty  years,  as  recommended  by  the  governor  in  a 
message  to  the  general  court,  dated  June  eighth,  nineteen 
hundred  and  fifty-four,  in  pursuance  of  section  3  of  Article 
LXII  of  the  amendments  to  the  constitution  of  the  com- 
monwealth. Approved  June  10,  1964: 


Chap.QSS  An  Act  exempting  from  taxation  certain  real  prop- 
erty OF  CERTAIN   VETERANS  AND   OTHER   PERSONS. 

Emergency  Whcrcas,    The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose  which  is  to  provide  for  an  exemption 
from  taxation  of  real  property  of  certain  veterans  and  other 
persons,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  pubUc 
convenience. 


Acts,  1954. —  Chap.  683.  717 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  5  of  chapter  59  of  the  General  Laws  g- l.  (Ter. 
is  hereby  amended  by  striking  out  clause  Twenty-second,  as  etoi.'amenjed. 
most  recently  amended  by  chapter  675  of  the  acts  of  1951, 
and  inserting  in  place  thereof  the  following  clause :  — 

Twenty-second,  Real  estate  of  the  following  classes  of  ^o^t'^ixation 
persons,  excepting  persons  described  in  paragraph  (a),  who  of  rewi  prop- 
are  legal  residents  of  the  commonwealth  to  the  amount  of  cerLm^vet- 
two  thousand  dollars  in  the  case  of  each  person,  and  real  others''"'* 
estate  of  persons  described  in  paragraph  (a)  who  are  legal 
residents  of  the  commonwealth  to  the  amount  of  three  thou- 
sand dollars;  provided,  such  real  estate  is  occupied  as  a 
domicile  by  such  person;  and  provided,  further,  that  only 
three  thousand  dollars  of  the  real  estate  of  a  soldier  or  sailor 
described  in  paragraph  (a)  and  his  wife,  and  only  two  thou- 
sand dollars  of  any  other  soldier  or  sailor  and  his  wife  shall 
be  exempted;  and  provided,  further,  that  the  real  estate  of 
the  person  so  exempted  or  the  combined  real  estate  of  a 
soldier  or  sailor  and  his  wife  does  not  exceed  eight  thousand 
dollars,  exclusive  of  the  value  of  the  mortgage  interest  held 
by  persons  other  than  the  person  to  be  exempted  in  such 
mortgaged  real  estate  as  may  be  included  in  said  whole 
estate  or  combined  property;  but  if,  said  whole  estate  or 
combined  property  of  a  soldier  or  sailor  described  in  para- 
graph (a)  and  his  wife  being  less  than  three  thousand  dol- 
lars, the  sum  total  thereof  and  of  such  mortgage  interest 
exceeds  three  thousand  dollars,  the  amount  so  exempted 
shall  be  three  thousand  dollars,  and  if,  said  whole  estate  or 
combined  property  of  any  other  soldier  or  sailor  and  his 
wife,  being  less  than  two  thousand  dollars,  the  sum  total 
thereof  and  of  such  mortgage  interest  exceeds  two  thousand 
dollars,  the  amount  so  exempted  shall  be  two  thousand 
dollars: 

(a)  Persons  who  served  in  the  armed  forces  of  the  United 
States,  between  February  fifteenth,  eighteen  hundred  and 
ninety-eight  and  July  fourth,  nineteen  hundred  and  two, 
between  April  sixth,  nineteen  hundred  and  seventeen  and 
November  eleventh,  nineteen  hundred  and  eighteen  or  were 
awarded  the  World  War  I  Victory  Medal,  between  Septem- 
ber sixteenth,  nineteen  hundred  and  forty  and  December 
thirty-first,  nineteen  hundred  and  forty-six,  or  between  June 
twenty-fifth,  nineteen  hundred  and  fifty  and  the  termina- 
tion of  the  Korean  emergency  as  declared  by  proper  federal 
authority  and  whose  last  discharge  or  release  from  the 
armed  forces  was  under  other  than  dishonorable  conditions; 
and  who  were  domiciled  in  Massachusetts  for  at  least  six 
months  prior  to  entry  into  such  service,  or  who  have  resided 
in  the  commonwealth  for  five  consecutive  years  next  prior 
to  date  of  filing  for  exemption  under  this  section,  hereinafter 
referred  to  in  clause  Twenty-second  as  soldiers  and  sailors, 
who,  by  reason  of  injury  received  or  disease  contracted  while 
in  such  service  and  in  the  line  of  duty,  lost  the  sight  of  both 


718  Acts,  1954. —  Chap.  683. 

eyes  or  both  arms.  After  the  assessors  have  allowed  exemp- 
tion under  this  paragraph  or  paragraph  (6),  (/),  (g)  if  it 
relates  to  widows,  and  (h),  no  further  evidence  of  the  exis- 
tence of  the  facts  required  by  this  paragraph  or  by  any  of 
said  paragraphs  shall  be  required  in  any  subsequent  year  in 
the  city  or  town  in  which  the  exemption  has  been  so  allowed. 
(6)  Soldiers  and  sailors  who,  by  reason  of  injury  received 
or  disease  contracted  while  in  such  service  and  in  line  of 
duty,  lost  one  foot  at  or  above  the  ankle,  or  one  or  both 
hands. 

(c)  Soldiers  and  sailors,  as  defined  in  paragraph  (a)  who, 
as  a  result  of  disabilities  contracted  while  in  such  service  and 
in  the  line  of  duty,  have  a  disability  rating  of  ten  per  cent  or 
more  as  determined  by  the  veterans'  administration. 

(d)  Soldiers  and  sailors,  as  defined  in  paragraph  (a),  who 
are  not  exempt  under  paragraph  (a),  (6)  or  (c)  and  who,  as 
a  result  of  disabihties  contracted  while  in  such  service  and 
in  the  line  of  duty,  have  become  permanently  incapacitated 
to  an  extent  equivalent,  in  the  judgment  of  the  assessors, 
to  the  disability  of  soldiers  and  sailors  having  a  disability 
rating  of  ten  per  cent  or  more  as  determined  by  the  veterans' 
administration. 

(e)  Soldiers  and  sailors  who  served  in  the  military  or 
naval  service  of  the  United  States  in  the  war  of  the  rebellion, 
in  the  Spanish  War,  in  the  PhiUppine  Insurrection  or  in  the 
Chinese  Rehef  Expedition  and  were  discharged  or  released 
in  any  manner  other  than  dishonorably  therefrom. 

(/)  Soldiers  and  sailors,  as  defined  in  paragraph  (a),  who 
have  been  awarded  the  decoration  of  the  Purple  Heart.  No 
evidence  of  disability  shall  be  required  under  this  paragraph. 
After  the  assessors  have  allowed  an  exemption  under  this 
paragraph,  no  further  evidence  of  the  receiving  of  the  Purple 
Heart  shall  be  required  in  any  subsequent  year  in  the  city  or 
town  in  which  the  exemption  has  been  so  allowed. 

(g)  Wives  of  soldiers  or  sailors  entitled  to  exemption  under 
any  of  the  foregoing  paragraphs  and  the  widows  of  soldiers 
or  sailors,  who  at  the  time  of  their  death  were  entitled  to 
such  exemption  or  who  lost  their  lives  while  serving  in  any 
of  said  wars  or  in  said  insurrection  or  said  relief  expedition, 
so  long  as  they  remain  unmarried. 

(h)  Fathers  and  mothers  of  soldiers  or  sailors,  as  defined  in 
paragraph  (a),  and  who  lost  their  lives  in  such  service;  pro- 
vided that  only  two  thousand  dollars  of  the  real  estate  of 
any  such  father  or  mother  held  jointly  by  them  shall  be 
exempted;  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. 
Edj,'59,l'5,  Section  2.  Section  5  of  chapter  59  of  the  General  Laws  is 
etc., 'further'     hereby  further  amended  by  inserting  after  clause  Twenty- 

fliII16tlC16(i,  111  I*     1 1  *  1 

second  the  f ollowmg  clause :  — 

Twenty-second  A,    Real  estate  of  soldiers  and  sailors 


Acts,  1954. —  Chap.  684.  719 

described  in  paragraph  (a)  of  clause  Twenty-second  who  are  Same 
legal  residents  of  the  commonwealth  who  according  to  the  ""^J^"*- 
records  of  the  veterans'  administration  or  of  the  armed  forces 
by  reason  of  wartime  service  in  the  armed  forces  of  the 
United  States  have  suffered  in  line  of  duty  the  loss  of  both 
feet  at  or  above  the  ankles  to  the  amount  of  eight  thousand 
dollars;  provided,  that  such  real  estate  is  occupied  as  his 
domicile  by  such  person;  and  provided,  further,  that  if  said 
property  be  greater  than  a  single  family  house,  then  only 
that  value  of  so  much  of  said  house  as  is  occupied  by  such 
person  as  his  domicile  shall  be  exempt;  and  provided,  fur- 
ther, that  the  real  estate  of  the  person  so  exempted  or  the 
combined  real  estate  of  such  person  and  his  wife  does  not 
exceed  eight  thousand  dollars,  exclusive  of  the  value  of  the 
mortgage  interest  held  by  persons  other  than  the  person  to 
be  exempted  in  such  mortgaged  real  estate  as  may  be  in- 
cluded in  said  whole  estate  or  combined  property;  but  if 
said  whole  estate  or  combined  property  of  such  soldier  or 
sailor  and  his  wife,  being  less  than  eight  thousand  dollars, 
the  sum  total  thereof  and  of  such  mortgage  interest  exceeds 
eight  thousand  dollars,  the  amount  so  exempted  shall  be 
eight  thousand  dollars. 

Two  thousand  dollars  of  this  exemption  shall  be  borne  by 
the  city  or  town  as  provided  in  clause  Twenty-second.  The 
balance,  up  to  six  thousand  dollars,  shall  be  borne  by  the 
commonwealth,  and  the  state  treasurer  shall  annually  reim- 
burse the  city  or  town  for  the  amount  of  the  tax  which 
otherwise  would  have  been  collected  on  account  of  this 
balance. 

Section  2A.    Applications  for  abatement  or  exemption.  Applications 
as  provided  by  clause  Twenty-second  of  section  five  of  or'^exemp^onf 
chapter  fifty-nine  of  the  General  Laws  as  existing  prior  to  regulated. 
the  effective  date  of  this  act,  of  taxes  levied  in  the  years 
nineteen  hundred  and  fifty-two  and  nineteen  hundred  and 
fifty-three  may  be  made  not  later  than  October  first,  nine- 
teen hundred  and  fifty-four,  notwithstanding  any  provision 
of  law  to  the  contrary. 

Section  3.    This  act  shall  be  effective  as  of  January  first,  Effective  date. 
nineteen  hundred  and  fifty-four,  and  shall  be  apphcable  to  th^eoL^^^ 
the  taxes  levied  in  the  year  nineteen  hundred  and  fifty-four 
and  subsequent  years.  Approved  June  10,  1954. 

An  Act  extending  the  time  for  joining  the  contribu-  C/iap.684 

TORY    RETIREMENT    SYSTEM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  3  of  chapter  32  of  the  General  Laws  Sj^iJT, 
is  hereby  amended  by  striking  out  subdivision  (3),  as  most  etc!, 'amended. 
recently  amended  by  section  1  of  chapter  428  of  the  acts  of 
1952,  and  inserting  in  place  thereof  the  following:  — 

(3)  Notwithstanding  his  filing  of  a  notice  and  waiver  Membership 
under  paragraph  (b)  of  subdivision  (2)  of  this  section,  any  contributory 
employee  who,  having  or  having  had  the  right  to  become  a 


720 


Acts,  1954. —  Chap.  684. 


retirement 

system, 

regulated. 


G.  L   (Ter. 
Ed.),  32,  §  3, 
etc.,  further 
amended. 


G.  L.  (Ter. 
Ed.),  32,  §  3, 
etc.,  further 
amended. 


member,  failed  to  become  or  elected  not  to  become  a  mem- 
ber, may,  not  later  than  January  first,  nineteen  hundred  and 
fifty-six,  or  within  one  year  from  the  last  day  of  the  period 
during  which  he  had  the  opportunity  to  exercise  said  right, 
whichever  is  the  later  date,  apply  for  and  be  admitted  to 
membership  if  under  the  maximum  age  for  his  group  on  the 
date  of  his  apphcation;  provided,  that  during  his  present 
period  of  service  he  had  previously  been  ehgible  for  member- 
ship; and  any  employee  who,  having  had  the  right  to  be- 
come a  member  of  any  governmental  unit  other  than  that 
by  which  he  is  presently  employed,  and  who  failed  to  be- 
come or  elected  not  to  become  a  member,  may  apply  for 
and  be  admitted  to  membership  not  later  than  January  first, 
nineteen  hundred  and  fifty-six.  No  employee  shall  other- 
wise be  admitted  to  membership  except  by  vote  of  the  re- 
tirement board  of  the  system  for  which  application  is  made, 
and  then  only  if  that  board  finds  that  his  failure  to  become 
or  his  election  not  to  become  a  member  was  caused  by  cir- 
cumstances other  than  those  generally  apphcable  to  em- 
ployees. No  such  member  shall  be  entitled  to  full  credit 
for  service  rendered  prior  to  the  date  of  his  becoming  a 
member  unless  before  the  date  any  retirement  allowance 
becomes  effective  for  him  he  shall  have  paid  into  the  annu- 
ity savings  fund  of  the  system  in  one  sum,  or  in  instalments, 
upon  such  terms  and  conditions  as  the  board  may  prescribe, 
make-up  payments  of  an  amount  equal  to  that  which  would 
have  been  withheld  as  regular  deductions  from  his  regular 
compensation  had  he  joined  the  system  at  his  earliest  oppor- 
tunity, together  with  regular  interest.  Upon  the  completion 
of  such  make-up  payments  such  member  shall  be  entitled  to 
all  creditable  service  to  which  he  would  have  been  entitled  had 
he  joined  the  system  when  first  eligible  to  become  a  mem- 
ber. In  the  event  any  retirement  allowance  becomes  effec- 
tive for  him  before  the  completion  of  such  make-up  pay- 
ments, such  member  shall,  in  addition  to  credit  for  his  actual 
membership  service,  be  entitled  to  credit  for  that  proportion 
of  his  service  rendered  prior  to  the  date  of  his  becoming  a 
member  which  the  total  amount  of  his  make-up  payments 
actually  made,  together  with  regular  interest  thereon  to  the 
date  his  retirement  allowance  becomes  effective,  bears  to  the 
total  amount  of  what  his  make-up  payments,  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.  Subdivision  (4)  of  section  3  of  chapter  32  of 
the  General  Laws,  as  most  recently  amended  by  section  1 
of  chapter  505  of  the  acts  of  1951,  is  hereby  further  amended 
by  striking  out,  in  line  18,  the  word  "fifty-three"  and  in- 
serting in  place  thereof  the  word :  —  fifty-six. 

Section  3.  The  first  sentence  of  subdivision  (5)  of  sec- 
tion 3  of  said  chapter  32,  as  amended  by  section  1  of  chapter 
524  of  the  acts  of  1952,  is  hereby  further  amended  by  strik- 
ing out,  in  line  17,  the  word  "fifty-three"  and  inserting  in 
place  thereof  the  word :  —  fifty-six. 


Acts,  1954. —  Chap.  684.  721 

Section  4.    Paragraph  (d)  of  subdivision  (6)  of  section  3  g%L.  (Ter. 
of  said  chapter  32,  as  appearing  in  section  3  of  chapter  403  etc!, 'further ' 
of  the  acts  of  1946,  is  hereby  amended  by  striking  out,  in  '^'^*=°'ied. 
Hne  10,  as  amended  by  section  2  of  chapter  524  of  the  acts 
of  1952,  the  word  "fifty-three"  and  inserting  in  place  thereof 
the  word :  —  fifty-six. 

Section  5.    Paragraph  (6)  of  subdivision  (8)  of  said  sec-  g.  l.  (Ter. 
tion  3  of  said  chapter  32,  as  appearing  in  section  1  of  chapter  ^tll'f^thlr^' 
658  of  the  acts  of  1945,  is  hereby  amended  bj'  striking  out,  a»nended. 
in  hne  7,  as  amended  by  section  3  of  chapter  524  of  the  acts 
of    1952,    the   word    "fifty-three"   and   inserting   in   place 
thereof  the  word :  —  fifty-six. 

Section  6.    Paragraph  (c)  of  subdivision  (2)  of  section  4  Ed^'3JT4 
of  said  chapter  32,  as  appearing  in  section  5  of  chapter  403  etc!. 'amended, 
of  the  acts  of  1946,  is  hereby  amended  by  striking  out,  in 
hnes  18  and  19,  as  amended  by  section  4  of  chapter  524  of 
the  acts  of  1952,  the  word  "fifty-three"  and  inserting  in 
place  thereof  the  word:  —  fifty-six. 

Section  7.  Notwithstanding  the  provisions  of  chapter  Transfer-from 
five  hundred  and  twenty  of  the  acts  of  nineteen  hundred  ment^sysy^to 
and  forty-seven,  any  employee  of  the  city  of  Boston  or  of  the  retire'me°nt°° 
county  of  Suffolk,  who,  on  the  effective  date  of  this  act  is  a  syetem  how 
member  of  the  Boston  retirement  system  established  under  ^  ^'^  ' 
chapter  five  hundred  and  twenty-one  of  the  acts  of  nineteen 
hundred  and  tw^enty-two,  may  become  a  member  of  the 
State-Boston  retirement  system  by  filing  with  the  Boston 
retirement  board,  between  October  first  and  December 
thirty-first,  both  dates  inclusive,  in  the  year  nineteen  hun- 
dred and  fifty-four,  an  application  on  a  prescribed  form  for 
membership  in  the  State-Boston  retirement  system.  No 
person  becoming  a  member  of  the  State-Boston  retirement 
system  under  this  section  shall  be  entitled  to  full  credit  for 
service  rendered  prior  to  the  date  of  his  becoming  such 
member  unless,  prior  to  July  first,  nineteen  hundred  and 
fifty-five,  or  within  such  further  time  as  the  Boston  retire- 
ment board,  in  the  event  of  obvious  hardship,  may,  in  its 
discretion,  allow,  he  shall  have  paid  into  the  annuity  sav- 
ings fund  of  the  State-Boston  retirement  system,  in  one  sum, 
or  in  instalments  upon  such  terms  and  conditions  as  said 
retirement  board  may  prescribe,  make-up  payments  of  a 
sum  equal  to  the  difference  between  the  contributions  he 
has  made  to  the  Boston  retirement  system  since  January 
first,  nineteen  hundred  and  forty-seven,  and  the  contribu- 
tions he  would  have  made  had  he  joined  the  State-Boston 
retirement  system  on  that  date,  together  with  regular  inter- 
est thereon.  Upon  the  completion  of  such  make-up  pay- 
ments such  member  shall  be  entitled  to  all  creditable  service 
to  which  he  would  have  been  entitled  had  he  joined  the 
State-Boston  retirement  system  when  first  eligible  to  become 
a  member. 

Notwithstanding  the  provisions  of  said  chapter  five  hun- 
dred and  twenty,  any  person  who  on  February  first,  nine- 
teen hundred  and  twenty-three,  was,  and  continuously  since 


722  Acts,  1954.  —  Chap.  684. 

then  has  been,  an  employee  as  defined  in  paragraph  (6)  of 
section  two  of  chapter  five  hundred  and  twenty-one  of  the 
acts  of  nineteen  hundred  and  twenty-two,  as  amended  by 
section  five  of  chapter  four  hundred  and  nine  of  the  acts  of 
nineteen  hundred  and  thirty-seven,  and  who  on  the  effective 
date  of  this  act  is  neither  a  member  of  the  Boston  retirement 
system  nor  a  member  of  the  State-Boston  retirement  system, 
may  become  a  member  of  the  State-Boston  retirement  sys- 
tem by  filing  with  the  Boston  retirement  board,  between 
October  first  and  December  thirty-first,  both  dates  inclusive, 
in  the  year  nineteen  hundred  and  fifty-four,  an  application 
on  a  prescribed  form  for  membership  in  the  State-Boston 
retirement  system.  No  person  becoming  a  member  of  the 
State-Boston  retirement  system  under  this  section  shall  be 
entitled  to  full  credit  for  service  rendered  prior  to  the  date 
of  his  becoming  such  member  unless,  prior  to  January  first, 
nineteen  hundred  and  fifty-eight,  or  within  such  further 
time  as  the  Boston  retirement  board,  in  the  event  of  obvious 
hardship,  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  instalments  upon  such  terms  and 
conditions  as  said  retirement  board  may  prescribe,  make-up 
payments  in  a  sum  equal  to  the  aggregate  of  (a)  the  amount 
which,  if  he  had  become  a  member  of  the  Boston  retirement 
system  on  February  first,  nineteen  hundred  and  twenty- 
three,  his  accumulated  deductions  would  total  at  the  time  of 
his  becoming  a  member  of  the  State-Boston  retirement  sys- 
tem under  this  section,  together  with  regular  interest  thereon 
from  the  date  of  his  becoming  a  member  of  the  State-Boston 
retirement  system,  and  (6)  the  difference  between  the  con- 
tributions he  would  have  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  on  such  difference.  Upon  the  comple- 
tion of  such  make-up  payments  such  member  shall  be  en- 
titled to  all  creditable  service  to  which  he  would  have  been 
entitled  had  he  joined  the  State-Boston  retirement  system 
when  first  ehgible  to  become  a  member. 

In  the  event  any  retirement  allowance  becomes  effective 
for  any  person  becoming  a  member  of  the  State-Boston  re- 
tirement system  under  this  section  before  the  completion  of 
the  make-up  payments  prescribed  by  this  section,  such  per- 
son shall,  in  addition  to  credit  for  his  actual  membership 
service,  be  entitled  to  credit  for  that  proportion  of  his  service 
rendered  prior  to  the  date  of  his  becoming  a  member  of  the 
State-Boston  retirement  system  which  the  total  amount  of 
his  make-up  payments  actually  made,  exclusive  of  interest 
accruing  thereon  after  the  date  of  his  becoming  a  member, 
bears  to  the  total  amount  of  what  his  make-up  payments 
would  have  been  had  he  made  payment  thereof  in  one  sum 
on  the  date  of  his  becoming  a  member. 
Limitations.  SECTION  8.    Nothing  contained  in  this  act  other  than  in 


Acts,  1954.  — Chap.  685.  723 

section  seven  shall  supersede  the  Kmitations  of  chapter  five 
hundred  and  twenty  of  the  acts  of  nineteen  hundred  and 
forty-seven  or  of  chapter  three  hundred  and  fifty-five  of  the 
acts  of  nineteen  hundred  and  fifty  or  of  chapter  three  hun- 
dred and  seventy-nine  of  the  acts  of  nineteen  hundred  and 
fifty-two.  Approved  June  10,  1954. 


An  Act  relative  to  the  commitment  of  defective  delin-  Pj^di)  gg5 

QUENT  PERSONS.  "' 

Be  it  enacted,  etc.,  asfolloivs: 

Section  1.     Chapter  123  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended   by   striking  out  section    113,    as   most   recently  f  113/ltc., 
amended  by  sections  2  and  3  of  chapter  404  of  the  acts  of  amended. ' 
1954,  and  inserting  in  place  thereof  the  following  section:  — 
Section  US.     For  the  purposes  of  this  section,  the  term  "Crimes which 
"crimes  which  create  a  danger  to  life  or  limb"  shall  include  triif*p^cfriimb^ 
crimes  defined  in  sections  thirteen  through  twenty-nine  of  defined, 
chapter  two  hundred  and  sixty-five;    sections  one  through 
five  A,  eleven  through  nineteen,  one  hundred  and  one,  one 
hundred  and  two,  and  one  hundred  and  seven  of  chapter 
two  hundred  and  sixty-six;    section  thirty-four  of  chapter 
two  hundred  and  seventy-two;    and  section  six  of  chapter 
two  hundred  and  seventy-four. 

At  any  time  prior  to  the  final  disposition  of  a  case  in  which  ^  °de^c«l^e°* 
a  defendant  over  the  age  of  fifteen  is  charged  with  a  crime,  delinquent  per- 
other  than  murder,  the  commission  of  which  creates  a  danger  ^°"^'  '"'^euiated. 
to  life  or  limb,  a  district  attorney  may  file  an  apphcation  for 
the  commit!ment  of  such  offender  to  a  department  for  de- 
fective deUnquents,  established  under  sections  one  hundred 
and  seventeen  and  one  hundred  and  twenty-four. 

Upon  the  filing  of  an  application  for  commitment  to  a  de- 
partment for  defective  delinquents,  the  court  shall  cause 
such  person  to  be  committed  for  not  more  than  thirty-five 
days'  observation  in  a  defective  delinquent  department,  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  defective. 
Within  thirty-five  days,  and  after  such  observation  and  ex- 
amination, the  experts  so  appointed  shall  file  a  written  re- 
port with  the  clerk  of  the  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. 

If,  after  such  observation  and  examination,  such  person 
is  found  not  to  be  mentally  defective,  he  shall  be  returned 
to  the  court  from  which  he  was  committed  for  observation, 
with  a  written  report  of  the  examination,  for  a  different  dis- 
position of  the  case. 

If  a  person  is  found  to  be  mentally  defective,  the  court 
shall  give  written  notice  to  the  person,  and  if  such  person  is 
under  the  age  of  seventeen,  shall  also  give  notice  to  his 
parents,  guardian  or  nearest  relative  that  a  hearing  is  to  be 


724  Acts,  1954. —Chap.  685. 

held  for  his  commitment  to  a  defective  delinquent  depart- 
ment. 

If,  after  a  hearing  and  examination  of  the  record,  char- 
acter and  personality  of  such  person  the  court  finds  that 
such  person  has  shown  himself  to  be  dangerous  or  shows  a 
tendency  toward  becoming  such,  that  such  tendency  is  or 
may  become  a  menace  to  the  public,  and  that  such  person 
is  not  a  proper  subject  for  the  school  for  the  feeble  minded 
or  commitment  as  an  insane  person,  the  court  shall  make  a 
report  of  the  finding  to  the  effect  that  the  person  is  a  defective 
delinquent  and  may  commit  him  to  a  department  for  defec- 
tive delinquents  according  to  his  age  and  sex,  as  hereinafter 
provided. 

If  a  person  has  been  committed  as  a  defective  delinquent 
in  accordance  with  this  section,  such  commitment  shall  be  a 
final  disposition  of  any  criminal  offence  charged. 

A  person  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  an  appropriate 
defective  delinquent  department  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. 
G.  L.  (Ter  SECTION  2.    Scctiou  14  of  chapter  120  of  the  General  Laws, 

etc.,  ameAded. '  as  appearing  in  section  22  of  chapter  310  of  the  acts  of  1948, 
is  hereby  amended  by  striking  out,  in  lines  2  and  3,  the  words 
"or  a  defective  delinquent",  — so  as  to  read  as  follows:  — 
o°™™!dn^"*     ^^<^iion  IJf-    Whenever  the  board  finds  that  any  person  com- 
defectives.         mitted  to  it  is  insane  or  feeble  minded,  within  the  meaning 
of  chapter  one  hundred  and  twenty-three,  or  a  sexual  psycho- 
path, within  the  meaning  of  chapter  one  hundred  and  twenty- 
three  A,  the  board  may  make  application  to  the  proper  court, 
for  a  new  commitment  to  the  appropriate  agency  in  accord- 
ance with  law. 
G^L  (Ter.  SECTION  3.     Chapter  123  of  the  General  Laws  is  hereby 

§  66A,  etc.,       amended  by  striking  out  section  6GA,  as  amended  by  sec- 
amended.         ^j^j^  g  ^f  chapter  194  of  the  acts  of  1941,  and  inserting  in 
place  thereof  the  following  section:  —  Section  66 A.     If  an 
Commitment     alleged  feeble  minded  person  is  found,  upon  examination  by 
minded%rsons  a  physiciau  qualified  as  provided  by  section  fifty-three,  to 
reg^ated""^"*^'  ^^  ^  proper  subject  for  commitment,  the  judge  of  probate 
for  the  county  in  which  such  person  resides  or  is  found  may 
upon  application  commit  him  to  the  custody  or  supervision 
of  the  department;    but  no  person  shall  be  so  committed 
unless  the  approval  of  the  department  shall  be  filed  with  the 
application  for  his  commitment.     If  he  is  committed  to  the 
custody  or  supervision  of  the  department,  the  department 
shall  thereafter  have  power,  whenever  advisable,  to  transfer 
him  to  a  state  school  for  the  feeble  minded.    If  the  alleged 
feeble  minded  person  is  committed  to  the  custody  or  super- 
vision of  the  department  of  mental  health,  the  said  depart- 
ment may  temporarily  release  him  in  the  manner  provided 


Acts,  1954.  —  Chap.  686.  725 

by,  and  subject  to,  the  provisions  of  section  eighty-eight,  or 
may  discharge  him  under  section  eighty-nine. 

Section  4.     Section  89  of  said  chapter   123  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  the  last  sentence,  as  amended  by  etc!, 'amended.' 
chapter  571  of  the  acts  of  1950,  and  inserting  in  place  thereof 
the  following  sentence:  —  This  section  shall  apply  to  any  Application 
person  committed  to  or  admitted  by  anj''  institution,  school  ° 
or  hospital  which  is  subject  to  this  chapter,  except  that  it 
shall  not  apply  to  a  person  committed  by  a  court  order  under 
any  provision  of  sections  one  hundred  to  one  hundred  and 
four,  inclusive,  except  as  otherwise  provided  in  section  one 
hundred  and  five.  Approved  June  10,  1954- 


C/iap.686 


An  Act  providing  for  the  care,  commitment,  treat- 
ment AND  rehabilitation  OF  CERTAIN  SEX  OFFENDERS, 
AND  VOLUNTARY  CARE  AND  TREATMENT  FOR  VICTIMS  OF 
SUCH   OFFENDERS. 

Be  it  enacted,  etc.,  as  folio los: 

Section  1.     The  General  Laws  are  hereby  amended  by  g  l.  (Ter. 
striking  out  chapter  123A  and  inserting  in  place  thereof  the  i23A,amended. 
following  new  chapter:  — 

Chapter  123  A. 

Care,  Treatment  and  Rehabilitation  of  Sexual  Of- 
fenders AND  Victims  of  Such  Offenders. 

Section  1.  The  words  "sex  offender"  as  used  in  this  chap-  "Sex 
ter  shall  have  the  following  meaning:  —  Any  person  who  by  defined'  ' 
a  course  of  misconduct  in  sexual  matters  has  evidenced  a 
general  lack  of  power  to  control  his  sexual  impulses,  and 
who,  as  a  result,  is  likely  to  attack  or  otherwise  inflict  in- 
jury, degradation,  pain  or  other  evil  on  the  objects  of  his  un- 
controlled or  uncontrollable  desires. 

Section  2.    There  is  hereby  established  in  the  department  Eatabiishment 
of  mental  health,  and  subject  to  its  jurisdiction,  a  treatment  center  in 
center,  hereinafter  called  the  center,  for  the  care,  treatment  me^nTaVwth^. 
and  rehabihtation  of  persons  described  in  section  one  who 
have  been  convicted  of  one  or  more  of  the  crimes  described 
in  section  three. 

Section  3.    Upon  the  conviction  of  a  person  for  the  crime  Commitment 
of  rape,  carnal  abuse  of  a  child,  sodomy,  incest,  lewd  and  convfcTed  of 
lascivious  conduct,  unnatural  act  or  indecent  exposure,  or  an  cHmi"  ^^^ 
attempt  to  commit  any  such  crime,  the  court  may,  prior  to  regulated. 
imposing  sentence,  commit  him  to  the  center  established  un- 
der section  two  for  a  period  not  exceeding  sixty  days,  for  the 
purpose  of  examination,  diagnosis  and  special  treatment, 
under  the  supervision  of  not  less  than  two  psychiatrists,  who 
shall,  within  said  period,  file  with  the  court  from  which  such 
offender  was  committed  a  written  report  of  the  results  of 
such  examination,  diagnosis  and  treatment. 

Section  4.    If  such  report  clearly  indicates  that  such  per- 


726 


Acts,  1954. —  Chap.  686. 


Treatment  and 
rehabilitation 
of  convicted 
sex  offenders, 
provided. 


Treatment 
and  rehabili- 
tation for  cer- 
tain convicted 
prisoners  who 
appear  to  be 
sex  offenders, 
provided. 


son  is  a  sex  offender  as  defined  in  section  one,  or  that  a 
pattern  of  repetitive  compulsive  or  violent  behavior  exists, 
the  court  shall  impose  such  sentence  as  is  required  by  law 
for  the  original  offence,  and  shall  forward  said  report  to  the 
commissioner  of  correction,  who  shall  thereupon  transfer  the 
prisoner  from  the  institution  to  which  he  has  been  sentenced 
to  the  center,  for  the  purpose  of  treatment  and  rehabiUta- 
tion,  but  in  no  event  for  a  period  in  excess  of  that  provided 
by  the  sentence  imposed  upon  him  for  the  crime  committed. 
Such  offender  shall  be  held  in  custody  under  the  maximum 
security  required  by  law  for  the  crime  of  which  he  was  con- 
victed, but  shall  be  entitled  to  such  rights  and  privileges  as 
are  accorded  to  persons  otherwise  committed  for  the  crime 
of  which  he  was  convicted,  in  so  far  as  may  be  compatible 
with  the  treatment  provided  for  by  this  chapter.  Said 
offender  may  appeal  within  seven  days  from  the  findings  of 
the  report,  and  shall  thereafter  be  entitled  to  a  full  hearing 
on  the  merits  of  such  report.  If  such  appeal  is  sustained 
and  the  court  determines  that  the  person  is  not  a  sexual 
offender  as  defined  in  this  chapter,  then  the  original  sentence 
shall  be  carried  out  in  the  institution  to  which  he  has  been 
committed. 

Section  5.  If  a  prisoner  under  sentence  in  any  jail,  house 
of  correction  or  prison,  or  in  the  custody  of  the  youth  service 
board  appears  to  be  a  sex  offender  and  in  need  of  the  care 
and  treatment  provided  for  in  the  center  estabUshed  under 
section  two,  the  master,  superintendent  or  warden  or  the 
director  of  the  youth  service  board  shall  report  the  condition 
to  a  justice  of  the  superior  court,  who  may  commit  said  pris- 
oner to  the  center,  in  accordance  with  the  provisions  of  sec- 
tion three,  and  the  provisions  of  section  four  shall  apply  in 
such  case,  in  so  far  as  applicable.  If  the  report  is  in  the 
affirmative,  the  presiding  justice  shall  immediately  send  the 
report  to  the  district  attorney  in  whose  jurisdiction  the 
offence  complained  of  was  committed,  or  the  jurisdiction  in 
which  the  accused  resides.  It  shall  then  be  the  duty  of  said 
district  attorney  to  prepare  immediately  a  petition  setting 
forth  the  matters  contained  in  the  above  report  in  a  suffi- 
cient manner  to  enable  the  person  complained  of,  his  heirs 
or  next  of  kin,  to  be  reasonably  informed  of  the  nature  of  the 
petition  for  commitment  to  the  center.  The  petition  shall 
then  be  filed  in  the  appropriate  superior  court,  and  the  matter 
shall  be  set  down  for  a  speedy  hearing.  The  court  may,  in 
its  discretion,  exclude  the  general  public  from  attendance  at 
such  hearing.  The  person  complained  of  may  be  repre- 
sented by  counsel,  and  if  the  court  determines  that  he  is 
financially  unable  to  obtain  counsel,  the  court  shall  appoint 
such  counsel.  The  person  complained  of  shall  be  entitled  to 
have  process  issued  out  of  the  court  to  compel  the  attendance 
of  witnesses  in  his  behalf.  The  proceeding  shall  be  reduced 
to  writing,  and,  as  provided  in  section  fifty-seven  of  chapter 
one  hundred  and  twenty-three,  the  judge,  in  his  discretion, 
may  provide  for  the  determination  of  commitment  to  the 


Acts,  1954. —  Chap.  686.  727 

center  by  a  jury.  Upon  such  hearing,  it  shall  be  competent 
to  introduce  evidence  of  the  person's  past  criminal  record. 
If  the  person  shall  be  adjudicated  as  suffering  from  a  lack 
of  control  of  his  sexual  impulses  which  is  likely  to  cause  him 
to  attack  or  otherwise  inflict  injury,  degradation,  pain  or 
other  evil  on  the  objects  of  his  uncontrolled  or  uncontrollable 
desires,  then  the  court  shall  commit  such  person  to  the  de- 
partment of  mental  health,  to  be  placed  by  it  in  the  center, 
and  the  department  of  mental  health  shall  safely  keep  and 
treat  the  person  so  committed  until  his  release  shall  have 
been  ordered  by  proper  authority. 

Section  6.    Any  attorney  interested  in,  or  retained  by  or  visits  to  com- 
on  behalf  of  any  person  committed  to  the  center  shall  be  ry"ttoraey°°* 
admitted  to  visit  such  person  at  reasonable  times,  if  in  the  authorized. ' 
opinion  of  the  commissioner  of  mental  health  such  visit 
would  not  be  injurious  to  such  person,  or  if  a  justice  of  the 
superior  court  first  orders  in  writing  that  such  visit  shall  be 
allowed. 

Section  7.     If  six  months  prior  to  the  termination  of  a  Disposition 
sentence  imposed  on  a  sex  offender  who  has  been  committed  committed  for 
for  treatment  under  this  chapter,  such  offender  is  still  re-  treatment,  etc. 
ceiving  such  treatment,  he  shall  be  returned  to  the  court  from 
which  he  was  committed,  and  may,  after  a  hearing  at  which 
he  shall  be  entitled  to  be  represented  by  counsel,  be  or- 
dered discharged  at  the  termination  of  his  sentence,  or  re- 
quired to  receive  further  outpatient  treatment  at  said  cen- 
ter after  the  termination  of  his  sentence. 

Section  8.  Any  person  committed  to  the  center  after  Petition  for 
conviction  and  sentence  shall  be  entitled  to  have  a  hearing  commrtment, 
for  examination  and  discharge  of  such  commitment  once  in  posiuon.tt^c 
every  twelve  months,  upon  the  filing  of  a  written  petition 
by  the  committed  person,  his  heirs,  next  of  kin  or  any  friend. 
A  copy  of  said  petition  shall  be  sent  to  the  district  attorney 
for  the  district  where  the  original  proceedings  were  com- 
menced within  fourteen  days.  Said  petition  shall  be  filed 
in  the  appropriate  superior  court,  and  the  court  shall  set  a 
date  for  a  speedy  hearing  and  shall  issue  whatever  process  is 
necessary  to  assure  the  presence  in  court  of  the  committed 
person.  The  hearing  shall  be  conducted  in  the  same  manner 
as  is  provided  for  in  previous  sections.  Upon  a  finding  by 
the  court  or  a  verdict  by  the  jury  that  such  person  is  no 
longer  a  sex  offender,  then  the  court  shall  order  the  com- 
mitment of  such  person  to  the  center  to  be  discharged,  and 
the  person  shall  be  returned  to  the  prison  from  which  he  was 
transferred.  If  it  shall  be  found  that  such  person  still  re- 
quires treatment,  then  the  court  shall  order  that  he  con- 
tinue to  be  held  and  further  treated  under  the  previous  com- 
mitment. The  department  of  mental  health  shall  make 
periodic  examinations  every  year  of  any  persons  committed 
under  this  chapter  to  the  center,  to  determine  the  progress 
of  cure,  and  shall  give  an  annual  report  of  such  progress,  if 
any,  to  the  district  attorney  for  the  district  from  which  the 
person  was  committed,  and  the  superior  court. 


728  Acts,  1954. —  Chap.  687. 

AdmjMion  to         Sectiou  9.     Any  person  believing  himself  to  be  suffering 
center  for         from  a  physical  and  mental  condition  which  may  result  in 
^r*i^tted"°"^'  sexual  trends  dangerous  to  the  welfare  of  the  public  may 
make  application  to  the  department  of  mental  health  upon 
forms  prescribed  by  said  department  for  admission  to  the 
treatment  center  established  by  section  two,  and  all  infor- 
mation pertaining  to  this  application  shall  be  confidential. 
Subject  to  such  rules  and  regulations  and  conditions  rela- 
tive to  payment  therefor,  as  the  commissioner  shall  prescribe, 
persons  may  be  admitted  for  examination,  diagnosis  and 
treatment  to  the  center. 
Treatment  to         Section  10.      In   the   discretion   of  the   commissioner   of 
^x  offenders,     mental  health,  all  facilities  of  the  center  shall  be  available 
offered.  ^^  ^  voluutary  and  confidential  basis  to  persons  who  are 

victims  of  sex  offenders. 
Effective  SECTION  2.    This  act  shall  become  operative  on  such  date 

as  the  commissioner  of  mental  health  shall  determine  that 
the  treatment  center  provided  for  in  section  two  of  chapter 
one  hundred  and  twenty-three  A  of  the  General  Laws  is 
adequately  staffed  to  carry  out  the  purposes  for  which  it  is 
estabHshed.  Approved  June  10,  1954- 

Chav. Q87  ^^  ^^^  ™  addition  to  the  general  appropriation  act 

MAKING  APPROPRIATIONS  TO  SUPPLEMENT  CERTAIN  ITEMS 
contained  THEREIN,  AND  FOR  CERTAIN  NEW  ACTIVITIES 
AND    PROJECTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  supplementing  certain  items 
in  the  general  appropriation  act,  and  for  certain  new  activi- 
ties and  projects,  the  sums  set  forth  in  section  two,  for  the 
particular  purposes  and  subject  to  the  conditions  stated 
therein,  are  hereby  appropriated  from  the  general  fund 
or  ordinary  revenue  of  the  commonwealth,  unless  some 
other  source  of  revenue  is  expressed,  subject  to  the  pro- 
visions of  law  regulating  the  disbursement  of  public  funds 
and  the  approval  thereof,  for  the  fiscal  year  ending  June 
thirtieth,  nineteen  hundred  and  fifty-five,  the  sums  so  appro- 
priated to  be  in  addition  to  any  amounts  at  present  avail- 
able for  the  purposes. 

Section  2. 

STATE  PURPOSES  APPROPRIATIONS. 

Appropriations  made  from  the  General  Fund. 

Service  of  the  Legislature. 

Senate. 
Item 
0101-54 1  From    the    amount    appropriated    in    item 
0101-03  /      0101-54  of  section   two   of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year,  the  sum  of  four  hundred  dol- 
lars is  hereby  transferred  and  made  avail- 
able for  the  purposes  of  item  0101-03  of 


Acts,  1954.  —  Chap.  687.  729 


Item 


section  two  of  said  chapter  four  hundred 
and  fifty-three. 
0101-54  1  From  the  amount  appropriated  in  item 
0101-04  j  0101-54  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year,  the  sum  of  eight  hundred  dol- 
lars is  hereby  transferred  and  made  avail- 
able for  the  purposes  of  item  0101-04  of 
section  two  of  said  chapter  four  hundred 
and  fifty-three. 

House  of  Representatives. 

0102-54  \  From    the    amount    appropriated    in    item 
0102-03  /      0102-54  of  section   two   of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year,  the  sum  of  four  hundred  dol- 
lars is  hereby  transferred  and  made  avail- 
able for  the  purposes  of  item  0102-03  of 
section  two  of  said  chapter  four  hundred 
and  fiftj'-three. 
0102-54  \  From    the    amount    appropriated    in    item 
0102-04  /      0102-54  of  section   two   of  chapter   four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  the  sum  of  one  thousand  two 
hundred  dollars  is  hereby  transferred  and 
made  available  for  the  purposes   of   the 
following  item : 

0102-04  For  clerical  assistance  to  the 
clerk  of  the  house  of  represent- 
atives, including  not  more 
than  four  permanent  positions  $400  00 

0102-60  Item  0102-60  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  adding 
at  the  end  thereof  the  following:  —  prior 
appropriation  continued  .  .  .  450  00 

Sergeant-at-A  rms. 

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  .  .  $800  00 

Other  Expenses. 

0110-80  For  travel  and  other  expenses  of  a  member  of 
the  committee  on  rules,  to  be  designated  by 
the  speaker,  to  attend  the  Seventh  Annual 
Legislative  Service  Conference  of  the  Coun- 
cil of  State  Governments  .         .         .  $500  00 


Service  of  the  Judiciary. 

Supreme  Judicial  Court. 

0301-11  For  microphotographic  copies  of  certain 
papers,  as  authorized  by  chapter  four  hun- 
dred and  one  of  the  acts  of  the  current  year, 
appropriation  expires  June  thirtieth,  nine- 
teen hundred  and  fifty-six         .  .  $11,000  00 


730 


Acts,  1954.  —  Chap.  687. 


Item 

0305-02 


0305-04 


0305-11 


0305-12 


0350-01 


0352-01 


Superior  Court. 

Item  0305-02  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  adding 
at  the  end  thereof  the  following:  —  prior 
appropriation  continued  ....  $2,800  00 

For  expenses  authorized  by  section  twenty- 
eight  of  chapter  two  hundred  and  twelve 
of  the  General  Laws         ....  540  00 

For  compensation  of  justices  of  district  courts 
while  sitting  in  the  superior  court,  prior  ap- 
propriation continued       ....  17,750  00 

For  expenses  of  justices  of  district  courts 
while  sitting  in  the  superior  court,  prior 
appropriation  continued  ....  3,400  00 

District  Attorneys. 

Item  0350-01  of  section  two  of  chapter  four 

hundred  and  fifty-three  of  the  acts  of  the 

current  year  is  hereby  amended  by  striking 

out  the   wording  and  inserting  in   place 

thereof  the  following:  — 
For  the  salaries  of  the  district  attorney  and 

assistants  for  the  Suffolk  district,  including 

not  more  than  fifteen  permanent  positions  $5,500  00 

For  the  salaries  of  the  district  attorney  and 

assistants  for  the  eastern  district,  including 

not  more  than  five  permanent  positions     .  1,000  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 
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  . 


$53,280  00 


Boards  and  Commissions  serving  under  Governor  and  Council. 

Commission  on  Administration  and  Finance. 

0441-03  Item  0441-03  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  adding 
at  the  end  thereof  the  following: —  prior 
appropriation  continued  ....  $6,500  00 

0443-01  Item  0443-01  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out  the  wording  and  inserting  in  place 
thereof  the  following:  — 
For  the  bureau  of  the  budget  commissioner, 
including  not  more  than  eleven  permanent 
positions;  provided,  that  the  comptroller 
shall  transfer  to  the  General  Fund  the  sum 
of  fifteen  thousand  two  hundred  and  forty 
dollars  from  the  Highway  Fund         .  .  17,000  00 


Acts,  1954. —  Chap.  687. 


731 


Item 
0444-01 


0445-01 


0446-01 


0450-22 


0466-21 


0470-01 


Item  0444-01  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out   the   wording  and   inserting   in   place        # 
thereof  the  following:  — 

For  the  bureau  of  the  purchasing  agent,  in- 
cluding not  more  than  seventy-two  perma- 
nent positions;  provided,  that  the  comp- 
troller shall  transfer  to  the  General  Fund 
the  sum  of  fifty-nine  thousand  seven  hun- 
dred and  fifty-six  dollars  from  the  Highway 
Fund $5,000  00 

Item  0445-01  of  section  two  of  chapter  four 
himdred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out  the  wording  and  inserting  in  place 
thereof  the  following:  — 

For  the  division  of  personnel  and  standard- 
ization, including  not  more  than  forty 
permanent  positions  and  including  as 
permanent  the  present  incumbents  ap- 
pointed on  requisition  number  47093  and 
requisition  number  45391  notwithstanding 
the  provision  of  any  other  law  to  the  con- 
trary; provided,  that  the  comptroller  shall 
transfer  to  the  General  Fund  the  sum  of 
forty-four  thousand  one  hundred  and  two 
dollars  from  the  Highway  Fund. 

Item  0446-01  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out  the  wording  and  inserting  in  place 
thereof  the  following:  — 

For  the  division  of  building  construction,  in- 
cluding not  more  than  thirty-seven  perma- 
nent positions;  provided,  that  the  incum- 
bent of  the  position  on  requisition  number 
35025  shall  be  transferred  to  the  division 
upon  the  effective  date  of  this  act  and  shall 
be  deemed  to  be  permanently  employed  as 
general  construction  inspector  under  chap- 
ter thirty-one  of  the  General  Laws  without 
being  required  to  serve  any  probationary 
period 10,952  00 

State  Superintendent  of  Buildings. 

For  certain  repairs  and  improvements  to  the 

Bulfinch  front  of  the  state  house  .  $10,000  00 

Mount  Creylock  Reservation  Commission. 

For  certain  repairs  to  the  Mount  Greylock 
war  memorial,  prior  appropriation  con- 
tinued    $8,300  00 

Weather  Amendment  Board. 

For  expenses  of  the  board,  as  authorized  by 
chapter  five  hundred  and  eleven  of  the  acts 
of  nineteen  hundred  and  fifty-one  $100  00 


Service  of  the  Secretary  of  the  Commonwealth. 

0501-02  For  the  office  of  the  secretary,  including  not 
more  than  seventy-four  permanent  posi- 
tions       $1,000  00 


732 


Acts,  1954.  —  Chap.  687. 


Item 
0907-07 


0910-21 


Service  of  the  Department  of  Agriculture. 

Division  of  Livestock  Disease  Control. 

For  reimbursement  of  owners  of  tuberciilar 
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         ..... 

State  Reclamation  Board. 

For  the  control  of  the  greenhead  fly,  as  au- 
thorized by  chapter  three  hundred  and 
eighty-eight  of  the  acts  of  the  current 
year       ....... 


$10,000  00 


$2,500  00 


1002-14 


1002-31 


Service  of  the  Department  of  Natural  Resources. 

Division  of  Forests  and  Parks. 

For  the  expenses  of  forest  fire  patrol,  as  au- 
thorized by  section  twenty-eight  A  of  chap- 
ter forty-eight  of  the  General  Laws  .  .         $11,900  00 

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  .  .  .  58,450  00 

Division  of  Law  Enforcement. 

1003-02  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  posi- 
tions       $17,625  00 

1003-03  For  conservation  officers,  including  not  more 
than  thirty-nine  permanent  positions; 
provided,  that  the  comptroller  shall  trans- 
fer 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 20,000  00 

Division  of  Marine  Fisheries. 
1004-70  Item  1004-70  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out  the  wording  and  inserting  in  place 
thereof  the  following:  — 
For  the  service  of  the  office  of  the  director, 
including  not  more  than  eleven  permanent 
positions,  and  for  the  administration  of  the 
activities  provided  for  under  items  2610-04 
and  2610-05  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year $2,040  00 


Acts,  1954. —  Chap.  687. 


733 


Service  of  the  Department  of  Corporations  and  Taxation. 

Item 

1201-02  \  From  the  amount  appropriated  in  item 
1202-03  /  1201-02  of  section  two  of  chapter  four  hun- 
dred and  fifty-three  of  the  acts  of  the 
current  year,  the  sum  of  thirty-five  thou- 
sand dollars  is  hereby  transferred  and  made 
available  for  the  purposes  of  item  1202-03 
of  section  two  of  chapter  two  hundred  and 
sixty-three  of  the  acts  of  the  current  year, 
and  said  item  1202-03  is  hereby  amended 
in  line  one  by  inserting  after  the  word 
"purchase"  the  following:  —  or  rental. 
1201-03  Item  1201-03  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out  the  wording  and  inserting  in  place 
thereof  the  following:  — 
For  expenses  of  the  department  except  as 
otherwise  provided  for;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  twenty-six  thousand  eight 
hundred  and  fifty-three  dollars  from  the 
Highway  Fund $7,500  00 


Service  of  the  Department  of  Education. 

1301-02  For  the  office  of  the  commissioner,  including 
not  more  than  sixty-five  permanent  posi- 
tions     ....... 


$34,560  00 


Division  of  the  Blind. 

1317-28  For  the  promotion  of  vocational  rehabili- 
tation of  the  blind  in  co-operation  with  the 
federal  government  ....  $7,000  00 

For  the  maintenance  of  and  for  certain  improve- 
Tuents  at  the  following  state  teachers'  colleges, 
and  the  hoardiiig  halls  attached  thereto,  with 
the  approval  of  the  commissioner  of  educa- 
tion: 

1330-21  State  teachers'  college  at  Bridgewater,  board- 
ing hall,  including  not  more  than  thirty- 
two  permanent  positions  .  1,500  00 

1330-22  For  the  renovation  of  the  steam  distribution 
system,  prior  appropriation  continued,  ap- 
propriation expires  June  thirtieth,  nineteen 
hundred  and  fifty-six        ....  16,000  00 

1331-01  State  teachers'  college  at  Fitchburg,  includ- 
ing not  more  than  eighty  permanent  posi- 
tions       8,500  00 

1333-01  State  teachers'  college  at  Lowell,  including 
not  more  than  fifty-six  permanent  posi- 
tions        2,460  00 

1335-01  State  teachers'  college  at  Salem,  including 
not  more  than  sixty-one  permanent  posi- 
tions       40,000  00 

1338-01  State  teachers'  college  at  Boston,  including 
not  more  than  seventy-two  permanent 
positions 2,000  GO 


734 


Acts,  1954.  —  Chap.  687. 


Item 


1340-21 


1345-01 


1350-01 


For  the  maintenance  of  and  for  certain  improve- 
ments at  the  following  institutes,  with  the  ap- 
proval of  the  commissioner  of  education  and 
the  trustees  thereof: 

For  the  fiftieth  anniversary  celebration  at  the 
Bradford  Durfee  technical  institute  in  Fall 
River $1,000  GO 

Lowell  Technological  Institute  of  Massachusetts. 

For  the  maintenance  of  the  Lowell  Tech- 
nological Institute  of  Massachusetts,  with 
the  approval  of  the  trustees,  including  not 
more  than  one  hundred  and  thirty-four 
permanent  positions,  and  including  the 
sum  of  ten  thousand  dollars  which  is  to  be 
assessed  upon  the  city  of  Lowell  as  a  part 
of  the  charges  to  be  paid  by  said  city  to 
the  commonwealth  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  commonwealth,  and  for  said  purpose 
the  institute  may  receive  and  expend  in- 
come derived  therefrom  ....         $17,000  00 

I  university  of  Massachusetts. 

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 
himdred  and  fifteen  of  the  acts  of  nineteen 
hundred  and  fifty-one  and  chapter  four 
hundred  and  seven  of  the  acts  of  the  current 
year,  authorization  is  hereby  granted  to 
allow  payment  from  this  account  of  the  in- 
crease provided  under  said  chapter  seven 
hundred  and  fifteen  to  all  employees  at  the 
University  of  Massachusetts  classified 
under  sections  forty-five  to  fifty,  inclusive, 
of  chapter  thirty  of  the  General  Laws,  as 
amended $10,000  00 


Youth  Service  Board. 

1380-01  Item  1380-01  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out  the  wording  and  inserting  in  place 
thereof  the  following:  — 
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-seven  permanent  positions;  pro- 
vided, that  notwithstanding  the  provision 
of  any  other  law  to  the  contrary,  the  incum- 
bent appointed  on  personnel  requisition 
number  06323  shall  be  the  permanent  in- 
cumbent of  the  position  of  supervisor  of 
community  organization  and  the  incum- 
bent appointed  on  personnel  requisition 
number   40616   shall   be   deemed   perma- 


Acts,  1954. —Chap.  687. 


735 


Item 


1382-01 
1384-01 


nently  appointed  as  visitor  and  guardian 
to  older  boys,  under  chapter  thirty-one  of 
the  General  Laws  subject  to  passing  a 
qualifying  examination    ....  $4,800  00 

For  the  maintenance  of  and  for  certain  improve- 
ments at  the  institutions  under  the  control  of 
the  youth  service  hoard,  with  the  approval  of 
said  board;  provided,  that  permanent  em- 
ployees in  the  farm  quotas  of  said  institutions 
whose  positions  ivere  abolished  as  of  June 
thirtieth,  nineteen  hmidred  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  einployee  is  to  he 
transferred  and  with  the  consent  of  the  em- 
ployee. Such  transfer  shall  he  without  loss 
of  seniority,  retirement,  civil  service  or  other 
rights: 

Industrial  school  for  girls,  including  not  more 

than  fifty-six  permanent  positions       .  .  9,500  00 

Item  1384-01  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  in  line  two 
by  striking  out  the  word  "six"  and  insert- 
ing in  place  thereof  the  word :  —  seven. 


Service  of  the  Department  of  Civil  Service  and  Registration. 

Division  of  Registration. 

For  the  service  of  the  following  agencies  in  the 
division: 

1409-01  Board  of  registration  in  embalming  and 
funeral  directing,  including  not  more  than 
three  permanent  positions  $4,500  00 


Service  of  the  Department  of  Commerce. 

1551—44     For  the  commonwealth's  share  of  the  expenses 

of  the  New  England  textile  committee       .  $2,275  00 

1551-45  For  the  commonwealth's  share  of  the  ex- 
penses of  the  New  England  regional  atomic 
energy  committee   .....  2,500  00 


Service  of  the  Department  of  Labor  and  Industries. 

Division  of  Industrial  Accidents. 

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  pro- 
vide such  clerical  service  from  time  to  time 
as  may  be  required  by  the  Massachusetts 
rehabilitation  commission  .  .  .  $7,500  00 


736 


Acts,  1954.  —  Chap.  687. 


Item 


1716-21 


1722-21 


1723-24 


1724-00 


1727-00 


Service  of  the  Department  of  Mental  Health. 

For  the  mnintennnce  of  and  for  certain  im- 
provements at  the  following  institutions  under 
the  control  of  the  department  of  mental  health: 

For  certain  additions  and  alterations  to  the 
kitchen,  including  the  cost  of  furnishings 
and  equipment,  prior  appropriation  con- 
tinued    $9,500  00 

For  the  construction  and  equipment  of  a 
playground  at  the  Children's  Colony,  prior 
appropriation  continued  .  9,500  00 

For  certain  power  plant  improvements  and 
equipment,  to  be  in  addition  to  the  amount 
appropriated  in  item  791 7-02  of  section  two 
of  chapter  three  hundred  and  nine  of  the 
acts  of  nineteen  hundred  and  forty-nine  5,400  00 

Item  1724-00  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out  the  wording  and  inserting  in  place 
thereof  the  following:  — 

Walter  E.  Fernald  state  school,  including  not 
more  than  seven  hundred  and  fifty-nine 
permanent  positions,  and  including  as  per- 
manent the  present  incumbent  appointed 
on  requisition  number  46477  notwithstand- 
ing the  provision  of  any  other  law  to  the 
contrary,  and  including  a  claim  of  a  certain 
retired  employee  for  salary  earned  but  not 
paid  while  holding  the  position  of  house- 
keeper, not  to  exceed  the  total  of  thirty- 
four  dollars  and  sixty-one  cents. 

Gushing  Hospital,  provided  that  the  property 
is  accepted  by  the  commonwealth,  for  the 
purpose  of  caring  for  elderly  persons  as  au- 
thorized by  chapter  four  hundred  and  sixty- 
nine  of  the  acts  of  the  current  year  .  200,000  00 


Service  of  the  Department  of  Correction. 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  folloiving  institutions  under 
the  control  of  the  department  of  correction: 

1814-01  Item  1814r-01  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  adding 
at  the  end  thereof  the  following:  —  and  in- 
cluding claims  of  certain  employees  for 
salary  earned  but  not  paid  during  the  fiscal 
year  nineteen  hundred  and  fifty,  not  to  ex- 
ceed the  total  of  three  hundred  and  thirty- 
one  dollars  and  sixty-one  cents. 


Service  of  the  Department  of  Public  Welfare. 

Tewkshury  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 $20,000  00 


Acts,  1954. —  Chap.  687. 


737 


It«m 

2020-01 


2020-15 
2020-50 


Service  of  the  Department  of  Public  Health. 

Bureau  of  Preventive  Medicine. 

For  the  service  of  the  division  of  preventive 
medicine,  including  not  more  than  fifty- 
two  permanent  positions 

This  item  included  in  item  2020-50. 

For  the  commonwealth's  share  of  the  oper- 
ation of  certain  rheumatic  fever  clinics 


$9,000  00 


6,750  00 


Service  of  the  Department  of  Public  Safety. 

Division  of  Fire  Prevention. 

2103-01     For  the  fire  prevention  service,  including  not 
more  than  twenty-five  permanent  positions 


$1,000  00 


Service  of  the  Department  of  Public  Works. 

Division  of  Waterways. 

2202-06  For  the  maintenance  and  repair  of  certain 
property  in  the  town  of  Plymouth,  includ- 
ing not  more  than  two  permanent  posi- 
tions       $1,000  00 

2220-42  For  certain  additional  repairs  at  the  state  fish 
pier,  Gloucester  Harbor,  as  authorized  by 
chapter  four  hundred  and  eighty  of  the 
acts  of  the  current  year,  to  be  in  addition 
to  the  balance  available  in  item  2220-42  of 
section  two  of  chapter  eight  hundred  and 
six  of  the  acts  of  nineteen  hundred  and 
fifty-one 40,000  00 


Service  of  the  Department  of  Public  Utilities. 
2301-09     For  hearings  and  special  investigations;  pro- 


2301-25 


vided,    that    no    salaries    or    expenses    of 
permanent  employees  shall  be  chargeable 

to  this  item $6,500  00 

For  an  investigation  and  study  of  certain  gas 
contracts 25,000  00 


APPROPRIATIONS    MADE    FROM    THE    HIGHWAY    FUND. 
Service  of  the  Department  of  Public  Works. 

Highway  Activities. 

ExpemJilvres  made  from  the  folloiring  appro- 
priations for  highway  activities  shidl  he  coded 
according  to  the  manual  entitled  " Syhsidiary 
Accounts  and  Expenditure  Code  Numhers" 
approved  hy  the  .faint  Committee  nn  Ways 
and  Means  on  March  second,  nineteen  hun- 
dred and  fifty-four: 

2900-25  For  the  construction  of  a  certain  footbridge 
at  Beaver  Street,  Revere,  as  authorized  by 
chapter  two  hundred  and  six  of  the  acts  of 
the  current  year $65,000  00 


738 


Acts,  1954. —  Chap.  687. 


Item 
2900-61 


2924r-01 


2926-01 


Item  2900-61  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  adding 
at  the  end  thereof  the  following:  —  ,  and 
including  the  expenditure  authorized  by 
chapter  four  hundred  and  seventy-six  of  the 
acts  of  the  current  year. 

Service  of  the  Registry  of  Motor  Vehicles. 

Item  2924-01  of  section  two  of  chapter  four 

hundred  and  fifty- three  of  the  acts  of  the 

current  year  is  hereby  amended  by  striking 

out  the   wording  and  inserting  in   place 

thereof  the  following :  — 
For  the  service  of  the  registry,  including  not 

more  than  eight  hundred  and  thirty- two 

permanent    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  commonwealth  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,  nine- 
teen hundred  and  fifty-three,  and  including 

a   certain   claim   of   Therese   A.    Murphy 

Yardumian,  junior  clerk  and  typist,  for  the 

years    nineteen    hundred    and    forty-nine, 

nineteen  hundred  and  fifty  and  nineteen 

hundred  and  fifty-one,  not  to  exceed  three 

hundred  and   seventeen   dollars   and   ten 

cents. 

Service  of  the  Department  of  Public  Safety. 

Division  of  State  Police. 

Item  2926-01  of  section  two  of  chapter  four 

hundred  and  fifty-three  of  the  acts  of  the 

current  year  is  hereby  amended  by  striking 

out  the  wording  and  inserting  in   place 

thereof  the  following:  — 
For  the  service  of  the  division,  including  not 

more  than  five  hundred  and  thirty-four 

permanent  positions         ....         $27,870  00 


APPROPRIATIONS  MADE  FROM  THE  INLAND  FISHERIES 
AND   GAME   FUND. 

Service  of  the  Department  of  Natural  Resources. 

Division  of  Fisheries  and  Came.  (Ft  is  hereby 
provided  that  federal  funds  received  as  reim- 
bursements under  the  following  items  are  to 
be  credited  as  income  to  the  Inland  Fisheries 
and  Game  Fund): 

3304-01     For  the  service  of  the  division,  including  not 

more  than  ten  permanent  positions  .  $3,120  00 

3304-45  For  the  establishment  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 3,120  00 


Acts,  1954.  — Chap.  687.  739 


APPROPRIATIONS  MADE  FROM  THE  VETERANS'  SERVICES 

FUND. 

Miscellaneous. 

Item 

3530-14  For  the  representation  of  the  commonwealth 
at  the  convention  of  the  Army  and  Navy 
Union,  as  authorized  by  chapter  three  of 
the  resolves  of  the  current  year  S2,000  00 

3530-22  For  the  representation  of  the  commonwealth 
at  the  convention  of  the  Forty-second 
Infantry  Rainbow  Division,  as  authorized 
by  chapter  four  of  the  resolves  of  the 
current  year  ......  1,000  00 

3530-23  For  the  representation  of  the  commonwealth 
at  the  convention  of  the  Disabled  American 
Veterans,  as  authorized  by  chapter  forty- 
two  of  the  resolves  of  the  current  year  1 ,000  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, 
including  allotment  of  funds  for  the  4-H 
activities,  including  not  more  than  one 
permanent  position  ....  $5,000  00 


APPROPRIATIONS  PAYABLE  FROM  THE  PARKS  AND  SALIS- 
BURY  BEACH   RESERVATION  FUND. 

Service  of  the  Department  of  Natural  Resources. 

Division  of  Forests  and  Parks. 

4010-03     For  certain  repairs  and  improvements  in  the 

October  Mountain  state  forest  .  $15,000  00 

4010-21  For  certain  improvements  to  recreation  areas 
and  trails  in  the  Pittsfield  state  forest,  prior 
appropriation  continued  ....  6,500  00 


APPROPRIATIONS  PAYABLE  FROM   THE   METROPOLITAN 
DISTRICT  COMMISSION  FUNDS. 

The  following  appropriations  are  to  be  assessed 
upon  the  several  districts  in  accordance  with 
the  methods  fixed  by  law,  unless  otherwise 
provided,  and  to  be  expended  under  the  direc- 
tion of  the  Metropolitan  District  Commission: 

Metropolitan  Parks,  General. 

8601-30  For  the  construction  of  a  footbridge  as  a 
means  of  access  for  the  residents  of  the  city 
of  Newton  to  the  swimming  pool  authorized 
by  chapter  seven  hundred  and  fifty-one  of 
the  acts  of  nineteen  himdred  and  fifty, 
appropriation  expires  on  June  thirtieth, 
nineteen  hundred  and  fifty-six  .         $50,000  00 


740  Acts,  1954.  — Chap.  687. 

Item 
8602-39     For  certain   improvements  to  the  Furnace 
Brook  drainage  system  in  the  vicinity  of 
Hancock  Street,  Quincy  ....         $25,000  00 

Metropolitan  Water  System. 

8902-21  \  From  the  balance  remaining  in  item  8902-21 
8902-58  /  of  section  two  of  chapter  six  hundred  and 
thirty-two  of  the  acts  of  nineteen  hundred 
and  fifty-two,  the  sum  of  eighteen  thousand 
eight  hundred  dollars  is  hereby  transferred 
and  made  available  for  the  purposes  of  the 
following  item:  — 

8902-58     For  certain  repairs  to  the  Spot 
Pond  pumping  station. 


LOCAL  AID   APPROPRIATIONS. 

(Note  item  numbers  for  Local  Aid  appropri- 
ations changed  from  House,  No.  1.) 

The  following  appropriations  are  for  reimburse- 
ments and  grants  to  local  governments: 


APPROPRIATIONS  MADE  FROM  THE  GENERAL  FUND. 
Service  of  the  Department  of  Education. 

School  Lunch  and  Commodity  Distribution  Program. 

2613-09  Item  2613-09  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  adding 
at  the  end  thereof  the  follovidng:  —  ,  prior 
appropriation  continued. 

DEBT  SERVICE  APPROPRIATIONS. 

(Note  item  numbers  for  Debt  Service  appro- 
priations changed  from  House,  No.  1.) 

APPROPRIATIONS  MADE  FROM  THE  GENERAL  FUND. 

Interest  and  Redemption  of  Debt. 

2420-00  \  From  the  amount  appropriated  in  item 
Sect.  11  /  2420-00  of  section  two  of  chapter  four  hun- 
dred and  fifty-three  of  the  acts  of  the 
current  year,  the  sum  of  eighty-five  thou- 
sand dollars  is  hereby  transferred  and  made 
available  for  the  purposes  of  section  eleven 
of  said  chapter  four  hundred  and  fifty- 
three. 

MISCELLANEOUS. 

0102-56     For  expenses  of  the  house  committee  on  ways 

and  means,  prior  appropriation  continued.  $9,000  00 

0110-11  For  the  compilation,  indexing,  printing,  and 
distribution  of  veterans'  laws  subject  to  the 
joint  committee  on  rules  as  provided  by  a 
joint  order 2,600  00 


Acts,  1954. —  Chap.  687. 


741 


Item 
0110-52 


0239-00 


0241-00 


0242-00 


0243-00 


0245-00 


0246-00 


0253-00 


0255-01 


0255-02 


0255-03 


025,5-04 


0255-05 


0255-06 


For  expenses  of  the  committee  on  judiciary 
in  its  investigation  and  study  and  for  the 
committee  sitting  as  a  special  committee 
to  review  the  recommendations  of  the  com- 
missioners estabhshed  by  chapter  ninety- 
four  of  the  resolves  of  nineteen  hundred 
and  forty-eight,  as  authorized  by  joint 
orders  of  the  general  court  .  $10,000  00 

For  the  continuation  of  an  investigation  and 
study  by  the  special  commission  on  taxa- 
tion, as  authorized  by  chapter  ninety-three 
of  the  resolves  of  the  current  year  10,000  00 

For  an  investigation  and  study  relative  to 
the  state  teachers'  colleges,  as  authorized 
by  chapter  sixty-four  of  the  resolves  of  the 
current  year,  prior  appropriation  con- 
tinued 11,000  00 

For  an  investigation  and  study  of  fire  pro- 
tection for  homes  and  institutions  for  the 
sick  and  aged,  as  authorized  by  chapter 
eighty-eight  of  the  resolves  of  the  current 
year 3,000  00 

For  an  investigation  and  study  of  the  penal 
institutions  of  the  commonwealth,  as  au- 
thorized by  chapter  eighty-one  of  the 
resolves  of  the  current  year  1,000  00 

For  an  investigation  and  study  relative  to 
training  facilities  for  retarded  children,  as 
authorized  by  chapter  one  hundred  and 
ten  of  the  resolves  of  the  current  year  3,000  00 

For  the  further  continuation  of  the  investi- 
gation of  the  prevention  of  child  delin- 
quency, as  authorized  by  chapter  eighty- 
four  of  the  resolves  of  the  current  year  3,000  00 

For  a  further  investigation  and  study  of  high 
blood  pressure,  as  authorized  by  chapter 
one  hundred  and  thirteen  of  the  resolves  of 
the  current  year      .....  3,500  00 

For  an  investigation  and  study  of  the  budget 
laws  of  cities,  as  authorized  by  chapter  one 
hundred  and  seven  of  the  resolves  of  the 
current  year  ......  1,000  00 

For  an  investigation  and  study  of  the  feasi- 
bility of  erecting  a  memorial  in  honor  of 
Maurice  J.  Tobin,  as  authorized  by  chap- 
ter ninety-five  of  the  resolves  of  the  current 
year 500  00 

For  an  investigation  and  study  relative  to  the 
erection  of  a  steel  mill  and  aluminum  mill 
within  the  commonwealth,  as  authorized 
by  chapter  one  hundred  and  fifteen  of  the 
resolves  of  the  current  year  .  .  5,000  00 

For  an  investigation  and  study  relative  to 
the  development  of  a  certain  area  of  the 
Back  Bay  section  of  Boston,  as  authorized 
by  chapter  ninety-eight  of  the  resolves  of 
the  current  year      .....  1,000  00 

For  an  investigation  and  study  of  the  laws 
relating  to  planning,  zoning  and  sub- 
division control,  and  problems  connected 
therewith,  as  authorized  by  chapter  ninety- 
seven  of  the  resolves  of  the  current  year    .  500  00 

For  an  investigation  and  study  of  the  method 
of  committing  persons  to  mental  hospitals 
and  the  care,  treatment,  and  release  or  dis- 


742 


Acts,  1954.  — Chap.  687. 


Itam 


0255-07 


0267-00 


0275-00 


0298-00 


0299-00 


0420-01 
0421-01 


0421-13 


0421-21 
0421-50 
0420-02 


0450-01 


0465-01 
0492-01 


charge  of  the  same,  as  authorized  by 
chapter  one  hundred  and  eight  of  the 
resolves  of  the  current  year  $500  00 

For  a  certain  study  by  the  committee  on 
transportation,  as  authorized  by  chapter 
one  hundred  and  nine  of  the  resolves  of  the 
current  year  ......  1,000  00 

For  an  investigation  and  study  of  the  retire- 
ment laws,  as  authorized  by  chapter  one 
hundred  and  twenty-four  of  the  resolves  of 
the  current  year 10,000  00 

For  an  investigation  and  study  of  the  ex- 
istence and  extent  of  organized  crime  and 
gambling  within  the  commonwealth,  as 
authorized  by  chapter  eighty  of  the  resolves 
of  the  current  year  ....  10,000  00 

For  an  investigation  and  study  of  commu- 
nism in  the  commonwealth,  as  authorized 
by  chapter  one  hundred  and  twenty-three 
of  the  resolves  of  the  current  year  25,000  00 

For  an  investigation  and  study  of  fiscal  prac- 
tices and  policies  of  the  commonwealth,  as 
authorized  by  chapters  twenty  and  ninety 
of  the  resolves  of  the  current  year  .  25,000  00 

For  the  salary  of  the  adjutant  general  .  356  00 

For  allowances  to  companies  and  other  ad- 
ministrative units,  to  be  expended  under 
the  direction  of  the  adjutant  general  .  4,.500  00 

Item  0421-13  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out,  in  line  2,  the  word  "five"  and  inserting 
in  place  thereof  the  word:  —  six  6,747  00 

For  the  service  of  the  air  national  guard  .  888  00 
"1  From  the  amount  appropriated  in  item 
/  0421-50  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year,  the  sum  of  six  thousand  eight 
hundred  dollars  is  hereby  transferred  and 
made  available  for  the  purposes  of  item 
0420-02  of  said  section  two  of  said  chapter 
four  hundred  and  fifty-three,  and  said  item 
0420-02  is  hereby  amended  by  striking  out, 
in  line  2,  the  word  "thirty-two"  and  in- 
serting in  place  thereof  the  word :  —  thirty- 
three     6,276  00 

Item  0450-01  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  adding 
after  the  word  "positions",  in  line  2,  the 
following :  —  ;  provided,  that  notwith- 
standing the  provision  of  any  other  law  to 
the  contrary,  the  incumbent  appointed  on 
personnel  requisition  number  48721  shall 
be  the  permanent  incumbent  of  the  posi- 
tion of  assistant  superintendent  of  build- 
ings under  chapter  thirty-one  of  the  Gen- 
eral Laws  subject  to  passing  a  qualifying 
examination. 

For  expenses  of  the  council  for  the  aging,  as 
authorized  by  chapter  five  hundred  and 
thirty-seven  of  the  acts  of  the  current  year  7,500  00 

For  the  service  of  the  state  airport  manage- 
ment board,  as  authorized  by  chapter  six 
hundred  and  thirty-seven  of  the  acts  of 


Acts,  1954. —  Chap.  687. 


743 


Item 

0492-10 
0801-02 
0906-01 


0907-11 
1102-01 

1402-02 


1551-01 
1601-01 


1701-03 


1713-00 


nineteen  hundred  and  forty-eight,  includ- 
ing not  more  than  nine  permanent  posi- 
tions       $5,460  00 

For  the  acquisition  of  certain  land,  as  au- 
thorized by  chapter  six  hundred  and  thir- 
teen of  the  acts  of  the  current  j'ear  .  7,000  00 

For  the  office  of  the  attorney  general,  includ- 
ing not  more  than  forty-one  permanent 
positions 17,500  00 

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 
appointing  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  sen- 
iority, retirement  or  other  rights  1,500  00 

For  certain  claims,  as  authorized  by  chapter 

fifty  of  the  resolves  of  the  current  year  9,710  GO 

For  the  office  of  the  supervisor  of  loan 
agencies,  including  not  more  than  nine 
permanent  positions         ....  1,000  00 

For  the  service  of  the  division,  including  not 
more  than  two  hundred  and  one  perma- 
nent positions;  provided,  that  the  comp- 
troller shall  transfer  to  the  General  Fimd 
the  sum  of  one  hundred  and  twenty  thou- 
sand eight  hundred  and  seventy  dollars 
from  the  Highway  Fund  5,000  00 

For  the  service  of  the  department,  including 
not  more  than  twenty-seven  permanent 
positions,  prior  appropriation  continued      .  15,000  00 

Item  1601-01  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out  the  wording  and  inserting  in  place 
thereof  the  following :  — 

For  general  administration  and  for  the  divi- 
sion of  employment  of  the  aging,  as  au- 
thorized by  chapter  five  hundred  and 
seventy-eight  of  the  acts  of  the  current 
year,  including  not  more  than  thirteen 
permanent  positions         ....  3,000  00 

For  therapy  treatment  of  sexual  offenders 
including  those  now  incarcerated  in  insti- 
tutions of  the  department  of  correction  or 
youth  service  board  and  for  out-patient 
service  connected  therewith;  provided, 
that  the  commissioner,  in  co-operation 
with  the  director  of  building  construction, 
shall  develop  plans  for  the  establishment 
of  permanent  facilities  to  provide  for  the 
confinement,  care,  treatment  and  rehabili- 
tation of  such  offenders  ....  49,860  00 

Item  1713-00  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  adding 
at  the  end  the  following:  —  ,  and  including 
a  certain  sum  of  thirteen  dollars  and  eighty 


744 


Acts,  1954. —  Chap.  687. 


Item 

1805-01 

2001-22 
2015-26 

2102-04 

2220-43 

2220-53 
2220-54 

2220-55 


2620-01 
Sect.  11 


2820-03 
2841-01 


2900-08 


3501-02 


cents  determined  by  the  office  of  the  at- 
torney general  to  be  uncollectible. 

Item  1805-01  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out,  in  line  2,  the  word  "thirty-nine"  and 
inserting  in  place  thereof  the  following:  — 
forty $4,260  00 

For  a  program  of  pre-school  assistance  for 

hard-of-hearing  children  ....  20,260  00 

For  certain  studies,  as  authorized  by  chapters 
forty-nine,  fifty-five,  sixty-five,  sixty-six, 
sixty-seven,  and  eighty-nine  of  the  resolves 
of  the  current  year  ....  15,000  00 

For  expert  assistance  to  the  commissioner, 
and  for  maintenance  of  laboratories,  in- 
cluding not  more  than  ten  permanent  posi- 
tions        5,000  00 

For  an  investigation  and  engineering  study 
of  flood  control  measures  to  protect  the 
city  of  Peabody  and  the  surrounding  area 
from  a  recurrence  of  flood  conditions  25,000  00 

For  an  investigation  and  study  relative  to 
the  drainage  system  of  the  Miles  River  in 
the  vicinity  of  the  town  of  Hamilton  1,500  00 

For  an  investigation  and  study  of  the  feasi- 
bility of  draining  certain  lands,  as  author- 
ized by  chapter  eighty-two  of  the  resolves 
of  the  current  year 2,000  00 

For  an  investigation  and  study  of  the  feasi- 
bility of  draining  certain  swamp  lands,  as 
authorized  by  chapter  seventy-four  of  the 
resolves  of  the  current  year  .  2,000  00 

)  From  the  amount  appropriated  in  item 
/  2620-01  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year,  the  sum  of  thirty  thousand 
dollars  is  hereby  transferred  and  made 
available  for  the  purposes  of  section  eleven 
of  said  chapter  four  hundred  and  fifty- 
three. 

For  certain  claims  and  other  payments,  as 
authorized  by  chapters  thirty-three  and 
seventy  of  the  resolves  of  the  current  year  .  1,250  00 

For  the  preliminary  expenses  of  the  Mount 
Greylock  Tramway  Authority,  authorized 
by  chapter  six  hundred  and  six  of  the  acts 
of  nineteen  hundred  and  fifty-three,  to  be 
in  addition  to  the  sum  of  ten  thousand 
dollars  appropriated  in  section  seventeen 
of  said  chapter  six  hundred  and  six;  pro- 
vided, that  all  funds  so  paid  shall  be  reim- 
bursed by  the  Authority  to  the  common- 
wealth out  of  the  proceeds  of  any  revenue 
bonds  issued  under  the  provisions  of  said 
chapter  six  hundred  and  six      .  10,000  00 

Item  2900-08  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  insert- 
ing after  the  word  "highways"  the  follow- 
ing: —  and  town  roads. 

Item  3.^01-02  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out,  in  line  2,  the  word  "seventy-three" 


Acts,  1954. —  Chap.  687. 


745 


Item 


3530-24 


4010-15 


8601-31 


8601-32 


8602-74 
8602-38 


8902-71 


0101-07 


0104-01 


and  inserting  in  place  thereof  the  word :  — 
seventy-four. 

For  the  representation  of  the  commonwealth 
at  the  convention  of  the  American  Veterans 
of  World  War  II,  AMVETS,  as  authorized 
by  chapter  eighty-three  of  the  resolves  of 
the  current  year,  for  the  fiscal  year  nine- 
teen hundred  and  fifty-five  and  the  previ- 
ous year $1,000  00 

For  the  purchase  of  certain  land  in  the  town 
of  Edgartown,  as  authorized  by  chapter 
six  hundred  and  thirty-one  of  the  acts  of 
the  current  year 32,000  00 

For  the  improvement  of  the  drainage  system 
to  Furnace  Brook  and  land  adjacent 
thereto  in  the  vicinity  of  Adams  Street 
in  the  city  of  Quincy        ....  50,000  00 

For  certain  improvements  to  the  recreation 
area  authorized  to  be  acquired  by  the 
Metropolitan  District  Commission  under 
the  provisions  of  chapter  six  hundred  and 
twenty-six  of  the  acts  of  the  current  year, 
appropriation  expires  June  thirtieth,  nine- 
teen hundred  and  fifty-six  125,000  00 

From  the  balance  remaining  in  item  8602-74 
of  section  two  of  chapter  eight  hundred 
and  twenty-five  of  the  acts  of  nineteen 
hundred  and  fifty,  the  sum  of  thirty-five 
thousand  dollars  is  hereby  transferred  and 
made  available  for  the  purposes  of  item 
8602-38  of  section  two  of  chapter  four  hun- 
dred and  eighty-nine  of  the  acts  of  nineteen 
hundred  and  fifty-three,  prior  appropri- 
ation continued,  appropriation  e.xpires 
June  thirtieth,  nineteen  hundred  and  fifty- 
six. 

Item  8902-71  of  section  two  of  chapter  three 
hundred  and  ten  of  the  acts  of  nineteen 
hundred  and  fifty-two  is  hereby  amended 
by  striking  out  the  wording  and  inserting 
in  place  thereof  the  following:  — 

For  an  engineering  study  of  the  drainage 
systems  in  the  Spot  Pond  area,  including 
areas  in  the  towns  of  Stoneliam  and  Wake- 
field and  in  the  cities  of  Maiden,  Medford 
and  Melrose,  and  including  the  Linden 
area,  so-called,  in  Maiden  along  the  Saugus 
branch  brook,  and  for  certain  improve- 
ments to  said  drainage  systems,  prior  ap- 
propriation continued,  appropriation  ex- 
pires June  thirtieth,  nineteen  hundred  and 
fifty-six 10,000  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  ofiice  subject  to  the  will  of  the 
senate   1,700  00 

For  personal  services  and  other  expenses  of 
the  Legislative  Research  Council  and  the 
Legislative  Research  Bureau,  as  authorized 
by  chapter  six  hundred  and  seven  of  the 
acts  of  the  current  year  ....  32,500  00 


746 


Acts,  1954.  — Chap.  687. 


Item 
0110-63 


0255-08 


0293-00 


0406-07 


2024-00 


2220-56 
2220-57 

2900-02 


2931-06 


For  certain  travel  expenses  of  the  committee 
on  public  welfare,  as  authorized  by  a  joint 
order  of  the  general  court 

For  an  investigation  and  study  of  the  laws 
relating  to  industrial  homework,  as  au- 
thorized by  chapter  one  hundred  of  the 
resolves  of  the  current  year 

For  an  investigation  and  study  relative  to 
establishing  the  uniform  commercial  code, 
as  authorized  by  chapter  one  hundred  and 
twenty-one  of  the  resolves  of  the  current 
year       ....... 

For  matching  certain  funds  allocated  to  the 
state  civil  defense  program  by  the  federal 
civil  defense  administration,  prior  appro- 
priation continued  ..... 

Item  2024-00  of  section  two  of  chapter  four 
himdred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out   the  wording   and   inserting   in   place 
thereof  the  following:  — 
2024-00     Rutland    state   sanatorium,   in- 
clucUng   not    more   than   two 
hundred  and   forty-nine  per- 
manent positions. 

For  certain  improvements  to  the  Grand  View 
area,  Province  Lands,  in  Provincetown 

For  the  commonwealth's  share  of  a  survey  by 
the  department,  in  co-operation  with  the 
Beach  Erosion  Board,  of  Stage  Harbor  in 
Chatham        ...... 

Item  2900-02  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  insert- 
ing after  the  word  "examination"  the 
following: —  ;  and,  further  provided,  that 
the  incumbent  on  requisition  number  47728 
shall  have  permanent  status  under  chapter 
thirty-one  of  the  General  Laws  subject  to 
his  passing  a  qualifying  examination;  and 
said  item  2900-02  is  hereby  further 
amended  by  striking  out  the  word  "ninety- 
four"  and  inserting  in  place  thereof  the 
word :  —  ninety-five. 

Item  2931-06  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking 
out  the  wording  and  inserting  in  place 
thereof  the  following:  — 

For  the  maintenance  of  boulevards  and  park- 
ways, including  the  installation  of  traffic 
lights  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 
metropolitan  police  and  veterans  under  the 
provisions  of  the  General  Laws,  and  includ- 
ing not  more  than  nine  hundred  and  four- 
teen permanent  positions;  provided,  that 
the  incumbent  on  requisition  number 
29563  shall  have  permanent  status  under 
chapter  thirty-one  of  the  General  Laws 
subject  to  his  passing  a  qualifying  exami- 
nation; and,  further  provided,  that  the 
comptroller  shall  transfer  to  the  Highway 
Fund  proportions  of  pajmients  made  under 


$1,000  00 


500  00 


1,500  00 


5.000  00 


10,000  00 
12,500  00 


Acts,  1954. —  Chap.  687. 


747 


Item 


3530-25 


8702-10 


0101-06 

0102-06 

0102-07 
0110-04 

0255-10 

0110-43 

0110-45 
0296-00 

0255-11 


0901-01 
0901-02 


0901-11 


this  item,  as  provided  by  section  fifty-five 

of  chapter  ninety-two  of  the  General  Laws. 
For  the  representation  of  the  commonwealth 

at  the  convention  of  the  Army  and  Navy 

Legion  of  Valor  of  the  United  States,  as 

authorized  by  chapter  ninety-six  of  the 

resolves  of  the  current  year;  appropriation 

expires  June  thirtieth,  nineteen  hundred 

and  fifty-six $2,000  00 

For  the  payment  to  Percival  H.  Mosher,  as 

authorized  by  chapter  one  hundred  and  one 

of  the  resolves  of  the  current  year,  pro- 
vided that  a  sum  equal  to  the  payments 

under  this  item  shall  be  assessed  upon  the 

north   and   south   metropolitan   sewerage 

districts  according  to  methods  fixed  by 

law 1,500  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  240  00 

For  personal  services  of  the  counsel  to  the 

house   of   representatives   and   assistants, 

including  not  more  than  seven  permanent 

positions         ......  960  00 

For  clerical  and  other  assistance  to  the  house 

committee  on   rules,   including  not  more 

than  seven  permanent  positions  .  2,180  00 

For  expenses  in  connection  with  the  publi- 
cation of  the  bulletin  of  committee  hearings 

and  of  the  daily  list,  with  the  approval  of 

the  joint  committee  on  rules,  including  not 

more  than  two  permanent  positions  740  00 

For    an    investigation    and    study    of    the 

Eroblems  of  farm  taxation,  as  authorized 
y  chapter  one  hundred  and  twenty  of 

the  resolves  of  the  current  year  .  500  00 

For  expenses  of  the  committee  on  civil  service 

in  its  investigation  and  study  of  civil  service 

problems,  as  authorized  by  a  joint  order 

of  the  general  court         ....  1,000  00 

For  an  investigation  and  study  relative  to 

workmen's  compensation,  as  authorized  by 

a  joint  order  of  the  general  court      .  .  10,000  00 

For  an  investigation  and  study  of  certain  pro- 
visions of  insurance  laws,  as  authorized  by 

chapter  one  hundred  and  twenty-two  of 

the  resolves  of  the  current  year         .         .  1,500  00 

For  an  investigation  and  study  relative  to  the 

training  of  medical  laboratory  technolo- 
gists, as  authorized  by  chapter  one  hundred 

and  nineteen  of  the  resolves  of  the  current 

year 500  00 

For  the  salary  of  the  commissioner       .  2,000  00 

For  the  office  of  the  commissioner,  including 

not  more  than  twenty-six  permanent  posi- 
tions       7,500  00 

Item  0901-11  of  section  two  of  chapter  four 

hundred  and  fifty-three  of  the  acts  of  the 

current  year  is  hereby  amended  by  striking 

out  the   wording  and  inserting  in   place 

thereof  the  following :  — 

For  expenses  of  the  board  of  agriculture       .  370  00 


748 


Acts,  1954.  —  Chap.  687. 


Item 
0475-01 


2940-04 


0321-01 


0330-01 


For  the  service  of  the  motor  vehicle  board  of 
appeals,  as  authorized  by  chapter  six  hun- 
dred and  seventy-four  of  the  acts  of  the 
current  year;  provided,  that  a  sum  equiv- 
alent to  the  payments  under  this  item 
shall  be  transferred  to  the  General  Fund 
from  the  Highway  Fund 

For  a  certain  payment,  as  authorized  by 
chapter  one  hundred  and  sixteen  of  the 
resolves  of  the  current  year,  for  the  year 
nineteen  hundred  and  fifty-five  and  the 
previous  year  ..... 

Item  0321-01  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  adding 
after  the  word  "probate"  the  words:  — 
,  prior  appropriation  continued. 

Item  0330-01  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  the 
current  year  is  hereby  amended  by  adding 
after  the  word  "probate"  the  words:  — 
,  prior  appropriation  continued. 


$15,000  00 


1,300  00 


DEFICIENCIES. 

For  deficiencies  in  certain  appropriations  of 
previous  years,  in  certain  funds,  as  follows: 

2899-00     Geneial  Fund 


$3,268  00 


Section  2A.  Section  Wo  A  of  chapter  four  hundred  and 
fifty-three  of  the  acts  of  the  current  year  is  hereby  amended 
by  adding  at  the  end  the  following  item  numbers: 


0110-17 
0110-20 
1301-31 
1330-23 
1331-22 
1331-23 
1335  21 
1383-21 
1701-10 
1814-21 
1814-22 
1818-22 
1918-21 
1919-28 
2022-21 
2022-22 
2024-21 
2025-21 


2031-21 
2220-27 
2820  09 
2820-15 
2926-07 
2931-11 
2931-14 
2931-21 
2931-22 
2931-23 
2931-25 
2931-52 
2931-53 
2931-74 
3145-01 
8601-25 
8601-26 
8602-01 


8602-02 
8602-04 
8602-08 
8602-09 
8602-10 
8602-11 
8602-12 
8602-14 
8602-15 
8602-17 
8602  25 
8602-28 
8602-29 
8602-35 
8602-36 
8602-41 
8602-42 
8602-45 


8602-47 
8602-49 
8602  55 
8602-56 
8602-57 
8602-58 
8602-61 
8602-63 
8602-68 
8602-79 
8602-96 
8702-21 
8702-22 
8702-23 
8902-30 
8902-33 
8902-77 
8902-78 


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. 


Acts,  1954. —  Chap.  687.  749 

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  au- 
thorized to  be  established  from  time  to  time  by  the  commis- 
sion on  administration  and  finance. 

Section  5.  The  allowance  to  state  employees  for  expenses 
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  emplojTnent  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  institutions 
under  the  jurisdiction  of  the  departments  of  mental  health, 
correction,  public  welfare  and  public  health,  and  the  youth 
service  board,  the  Soldiers'  Home  in  Massachusetts  and  the 
Soldiers'  Home  in  Holyoke,  and  excepting  positions  which 
are  subject  to  appointment  by  the  governor,  with  or  without 
the  consent  of  the  council,  may  be  filled  in  any  manner  with- 
out approval  by  the  commission  on  administration  and 
finance. 

Section  7.  In  addition  to  the  payment  of  regular  sal- 
aries, 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 
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 
apphcations  for  such  subventions  and  grants,  and  for  trans- 
fers within  such  subventions  and  grants,  shall  be  subject  to 
the  approval  of  the  commission  on  administration  and  fi- 
nance.   All  federal  subventions  and  grants  received  by  the 


750  Acts,  1954.  —  Chap.  687. 

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.  Notwithstanding  the  provisions  of  section 
fifty-one  of  chapter  thirty  of  the  General  Laws,  or  any  other 
provision  of  law,  the  state  purchasing  agent  is  hereby  au- 
thorized during  the  fiscal  year  nineteen  hundred  and  fifty- 
five  to  incur  liabihties  and  incidental  expenses  for  the  pur- 
chase of  suppHes,  as  provided  by  said  section  fifty-one,  in- 
cluding material  to  be  disposed  of  as  surplus,  so  called,  by 
the  federal  government  through  agencies  of  the  federal  gov- 
ernment, in  an  amount  not  exceeding  three  hundred  and 
fifty  thousand  dollars,  in  addition  to  any  amount  heretofore 
provided  for  the  purpose,  and  the  comptroller  may  certify 
for  payment  such  incidental  expenses  and  liabihties  so  in- 
curred to  an  amount  not  exceeding  three  hundred  and  fifty 
thousand  dollars,  in  addition  to  any  amount  heretofore  pro- 
vided for  the  purpose. 

Section  10.  No  agency  of  the  commonwealth  receiving 
an  appropriation  under  section  two  of  this  act  shall  make 
any  expenditure  for  any  document  regularly  printed,  mim- 
eographed or  prepared  in  any  other  way,  whether  for  out- 
side or  inter-departmental  circulation  unless  publication  of 
such  document  shall  have  been  approved  by  the  state  pur- 
chasing agent. 

Section  U.  To  meet  the  cost  of  increases  in  salaries  of 
officers  and  employees  of  the  commonwealth  whose  salaries 
are  established  by  statute  and  were  not  increased  by  the 
provisions  of  sections  one  to  forty-eight,  inclusive,  of  chap- 
ter five  hundred  and  ninety-one  of  the  acts  of  nineteen  hun- 
dred and  forty-six,  or  by  any  other  act  enacted  during  the 
fiscal  years  nineteen  hundred  and  forty-six  to  nineteen  hun- 
dred and  fifty-three,  inclusive,  or  the  current  year,  all  of 
which  salaries  are  hereby  increased  as  provided  by  section 
forty-nine  of  said  chapter  five  hundred  and  ninety-one  for 
the  period  beginning  July  first,  nineteen  hundred  and  fifty- 
four  and  ending  June  thirtieth,  nineteen  hundred  and  fifty- 
five,  the  sum  of  seven  thousand  seven  hundred  and  seventy- 
seven  dollars  is  hereby  appropriated  for  the  fiscal  year  nine- 
teen hundred  and  fifty-five,  to  be  paid  in  the  following 
amounts  from  the  following  funds: 

General  Fund $5,557  00 

Veterans'  Services  Fund  ....  420  00 

Old  Age  Assistance  Fund  ....         1,800  00 

Provided,  that  the  said  increase,  for  full-time  service  shall 
not  be  more  than  six  hundred  dollars  per  annum,  the  pro- 
visions of  said  section  forty-nine  of  chapter  five  hundred  and 
ninety-one  of  the  acts  of  nineteen  hundred  and  forty-six 
notwithstanding,  the  sum  herein  appropriated  is  to  provide 


Acts,  1954. —  Chap.  687.  761 

the  amounts  required  to  be  added  to  each  of  the  appropria- 
tion items  for  personal  services  for  the  fiscal  year  nineteen 
hundred  and  fifty-five  in  order  to  meet  the  cost  of  said  salary 
increases.  The  comptroller  is  hereby  directed  to  transfer 
said  amounts  from  the  sum  herein  appropriated  to  the  appro- 
priation items  aforesaid  which  cover  the  personal  services 
of  persons  whose  salaries  are  so  increased,  the  same  to  be  in 
each  instance  in  addition  to  the  amounts  already  appro- 
priated in  said  items. 

Section  12.  The  director  of  personnel  and  standardiza- 
tion is  hereby  authorized  and  directed  to  survey  the  posi- 
tions classified  as  junior  clerk,  junior  clerk  and  typist,  junior 
clerk  and  stenographer,  senior  clerk,  senior  clerk  and  typist, 
and  senior  clerk  and  stenographer  to  determine  the  proper 
classification  of  any  person  so  employed.  The  director  is 
hereby  authorized  and  directed  to  reclassify  such  positions 
with  the  approval  of  the  director  of  civil  service  in  accord- 
ance with  the  provisions  of  chapter  thirty-one  of  the  General 
Laws,  and  the  director  may,  with  the  approval  of  the  com- 
mission on  administration  and  finance,  adjust  the  numbers 
of  employees  in  each  such  classification  specified  in  any  ap- 
propriation account  without  increasing  the  total  number  of 
permanent  positions  so  specified.  Action  authorized  in  this 
section  shall  be  construed  to  be  within  the  limitations  of 
section  six  of  this  act. 

Section  13.  This  act  shall  take  effect  on  July  first,  nine- 
teen hundred  and  fifty-four.  Approved  June  10,  1954. 


RESOLVES. 


Chap. 


Resolve  further  continuing  the  special  commission 

TO  STUDY  the  ESTABLISHMENT  OF  A  STATE  MEDICAL  AND 
DENTAL  SCHOOL,  INCREASING  THE  SCOPE  OF  SAID  COM- 
MISSION, AND  FIXING  THE  TIME  WITHIN  WHICH  SAID  COM- 
MISSION SHALL  FILE  ITS  FINAL  REPORT. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  seventy  of  the  resolves  of  nineteen  hundred  and 
fifty-one,  as  most  recently  revived  and  continued  by  chapter 
forty-eight  of  the  resoh^es  of  nineteen  hundred  and  fifty- 
three,  to  make  a  study  and  investigation  relative  to  the  es- 
tablishment of  a  state  medical  and  dental  school  under  the 
jurisdiction  of  the  University  of  Massachusetts  is  hereby 
continued  for  the  purpose  of  continuing  its  investigation 
and  study  relative  to  the  establishment  of  a  medical  and 
dental  school.  Said  commission  shall  also  consider,  investi- 
gate and  siudy  the  establishment  of  a  New  England  Board  of 
Education,  proposed  compacts  among  the  New  England 
states  authorizing  co-operative  planning  in  the  field  of 
medicine,  dentistry,  veterinary  medicine  and  technical,  pro- 
fessional, graduate  training. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  may  require  by 
summons  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books  and  papers,  may  travel  within  and 
without  the  commonwealth,  and  may  expend  for  legal, 
clerical,  and  other  assistants  the  balance  of  the  amount  ap- 
propriated in  item  7613-08  of  section  two  of  chapter  six 
hundred  and  four  of  the  acts  of  nineteen  hundred  and  fifty- 
two  and  such  additional  sums  as  may  be  appropriated 
therefor.  Said  commission  shall  report  to  the  general  court 
the  results  of  its  investigation  and  study  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  said  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  senate  from  time  to  time  and  by 
filing  a  final  report  not  later  than  the  first  Wednesday  of 
April  in  the  current  year.         Approved  January  19,  1954' 


Resolve  in  favor  of  the  town  of  harvard.     Chap.     2 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation,  there  shall  be  paid  to  the  town  of  Harvard  a 
sura  of  money  not  exceeding  four  hundred  and  four  dollars 
and  twenty-nine  cents  for  the  subsidy  due  said  town  on 
account  of  treatment  of  Charles  Clark  Streeter  for  tubercu- 
losis  at   the   Worcester    County   Sanatorium.      Said   sum 


754  Resolves,  1954.  —  Chaps.  3,  4,  5. 

shall  be  paid  from  funds  available  in  Item  2010-05  of  section 
two  of  chapter  four  hundred  and  eighty-nine  of  the  acts  of 
nineteen  hundred  and  fifty-three. 

Approved  January  21,  1954. 

Chap.     3  Resolve  providing  for  a  proper  representation  of  the 

COMMONWEALTH  AT  THE  NATIONAL  CONVENTION  OF  THE 
ARMY  AND  NAVY  UNION,  U.  S.  A.,  TO  BE  HELD  IN  THE  CITY 
OF  BOSTON  IN  THE  CURRENT  YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  con- 
vention of  the  Army  and  Navy  Union,  U.  S.  A.,  to  be  held  in 
the  city  of  Boston  in  August  of  the  current  year,  and  to 
ensure,  in  arranging  entertairmaents  and  other  events  in 
connection  therewith,  proper  co-operation  between  Army  and 
Navy  Union,  U.  S.  A.,  Department  of  Massachusetts,  Inc. 
and  the  commonwealth,  there  may  be  expended,  with  the 
approval  and  under  the  direction  of  the  governor  and  council, 
such  sums  as  may  be  appropriated  therefor. 

Approved  January  21,  1954. 

Chap.     4  Resolve  providing  for  a  proper  representation  of  the 

COMMONWEALTH  AT  THE  ANNUAL  REUNION  OF  THE  FORTY- 
SECOND  INFANTRY  DIVISION  OF  THE  NATIONAL  ASSOCIATION 
RAINBOW  DIVISION  VETERANS  TO  BE  HELD  IN  THE  CITY  OF 
BOSTON,  IN  THE  CURRENT  YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  annual  reunion 
of  the  Forty-second  Infantry  Division  of  the  national  as- 
sociation Rainbow  Division  Veterans,  to  be  held  in  the  city 
of  Boston  in  July  of  the  current  year,  and  to  ensure,  in 
arranging  entertainments  and  other  events  in  connection 
therewith,  proper  co-operation  between  the  Forty-second 
Infantry  Division  of  the  national  association  Rainbow 
Division  Veterans  and  the  commonwealth,  there  may  be 
expended,  with  the  approval  and  under  the  direction  of  the 
governor  and  council,  such  sums  as  may  be  appropriated 
therefor.  Approved  January  27,  1954- 

Chap.     5  Resolve  in  favor  of  elmer  e.  george. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good  and  in  consideration  of  his  long  and  meritorious  service, 
Elmer  E,  George,  former  state  income  tax  director,  is  hereby 
made  eligible  to  receive  payment  for  a  vacation  allowance 
notwithstanding  the  provisions  of  section  thirty-one  A  of 
chapter  twenty-nine  of  the  General  Laws  or  rules  and 
regulations  made  thereunder,  and  for  the  purpose  of  carry- 
ing into  effect  the  provisions  of  this  resolve  there  shall  be 
allowed  and  paid  out  of  the  state  treasury  to  said  Elmer  E. 
George,  from  the  amount  appropriated  by  Item  1201-02  of 


Resolves,  1954.  —  Chaps.  6,  7,  8,  9.  755 

section  two  of  chapter  four  hundred  and  eighty-nine  of  the 
acts  of  nineteen  hundred  and  fifty-three,  the  sum  of  six 
hundred  and  ninety-seven  dollars  and  ten  cents. 

Approved  January  28,  1954. 

Resolve  in  favor  of  anna  j.  jurek.  Chav      6 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obhgation  of  the  commonwealth,  and  after  an  appropriation 
has  been  made  therefor,  there  shall  be  allowed  and  paid  out 
of  the  state  treasury  to  Anna  J.  Jurek,  a  former  state  em- 
ployee, the  sum  of  eighty-six  dollars  and  thirty  cents  in  full 
compensation  for  salary  due  her  for  service  rendered  by  her 
to  the  department  of  pubhc  utiUties  in  the  year  nineteen 
hundred  and  forty-six.  Approved  January  28,  1954. 


Chap. 


Resolve  validating  certain  acts  of  john  f.  Baxter  of 
worcester,  as  a  notary  public. 

Resolved,  That  the  acts  of  John  F.  Baxter  of  Worcester, 
as  a  notary  public,  between  December  twenty-first,  nineteen 
hundred  and  fifty-two  and  June  twenty-fifth,  nineteen 
hundred  and  fifty-three,  both  dates  inclusive,  are  hereby 
confirmed  and  made  valid  to  the  same  extent  as  if  during 
said  time  he  had  been  quaUfied  to  discharge  the  duties  of 
such  office.  Approved  January  28,  1954- 

Resolve  providing  for  a  proper  representation  of  the  nhn^      q 

COMMONWEALTH    AT    THE    NATIONAL    CONVENTION    OF    THE  ^' 

YANKEE  DIVISION  VETERANS  ASSOCIATION  TO  BE  HELD  AT 
THE  CITY  OF  BOSTON  IN  THE  YEAR  NINETEEN  HUNDRED 
AND  FIFTY-FOUR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  at  the  national  convention  of  the 
Yankee  Division  Veterans  Association  to  be  held  at  the  city 
of  Boston  during  the  month  of  June  in  the  current  year,  and 
to  ensure,  in  arranging  entertainment  and  other  events  in 
connection  therewith,  proper  co-operation  between  the 
Yankee  Division  Veterans  Association  and  the  common- 
wealth, there  may  be  expended,  with  the  approval  and  under 
the  direction  of  the  governor  and  council,  such  sums  as 
may  be  appropriated  therefor. 

Approved  January  28,  1954- 
Resolve  validating  the  acts  of  arline  m.  hurst  of  Chav      9 

SPRINGFIELD  AS  A  NOTARY  PUBLIC. 

Resolved,  That  the  acts  of  ArUne  M.  Hurst  of  Springfield 
as  a  notary  pubhc  between  June  fourteenth,  nineteen  hundred 
and  forty-eight  and  November  thirteenth,  nineteen  hundred 
and  fifty-three,  both  dates  inclusive,  in  so  far  as  the  same 
may  have  been  invahd  by  reason  of  the  fact  that,  upon  the 


756  Resolves,  1954. —  Chaps.  10,  11,  12. 

change  of  her  name  from  Arline  M.  Tetrault,  she  failed  to 
re-register  under  her  new  name  and  pay  to  the  state  secretary 
a  fee  of  one  dollar  as  required  by  section  thirteen  of  chapter 
thirty  of  the  General  Laws,  are  hereby  confirmed  and  made 
valid.  Approved  February  2,  1954. 


Chap.   10  Resolve  providing  for  an  investigation  by  the  judicial 

COUNCIL  relative  TO  THE  CONVEYANCE   OF  PROPERTY  BY 
MARRIED  WOMEN. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  senate  document 
numbered  three  hundred  and  fifty-five,  relative  to  the  con- 
veyance of  property  by  married  women,  and  to  include  its 
conclusions  and  its  recommendations,  if  any,  in  relation 
thereto,  with  drafts  of  such  legislation  as  may  be  necessary 
to  give  effect  to  the  same,  in  its  annual  report  for  the  current 
year.  Approved  February  2,  1954. 

Chap.   11  Resolve  providing  for  an  investigation  by  the  judicial 

COUNCIL  RELATIVE  TO  THE  CRIME  OF  LARCENY. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document 
numbered  nine  hundred  and  eighty-six,  relative  to  the  crime 
of  larceny,  and  to  include  its  conclusions  and  its  recommenda- 
tions, if  any,  in  relation  thereto,  with  drafts  of  such  legislation 
as  may  be  necessary  to  give  effect  to  the  same,  in  its  annual 
report  for  the  current  year.       Approved  February  3,  1954. 


Chap.  12  Resolve  reviving  and  continuing  the  special  com- 
mission ON  THE  structure  OF  THE  STATE  GOVERNMENT 
AND  INCREASING  THE  MEMBERSHIP  THEREOF. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  seventy-five  of  the  resolves  of  nineteen  hundred 
and  forty-nine  is  hereby  revived  and  continued  for  the 
limited  purpose  of  completing  its  study  of  the  structure  of 
the  general  and  labor  service  salary  schedules  and  of  the 
existing  allocation  of  offices  and  positions  to  salary  grades  in 
such  schedules.  The  membership  of  the  commission  is 
hereby  increased  by  two  members,  one  from  each  of  the 
major  political  parties,  to  be  appointed  by  the  governor. 

For  the  purpose  of  this  resolve,  said  commission  may  ex- 
pend the  balance  available  in  item  0261-00  of  section  two  of 
chapter  four  hundred  and  eighty-nine  of  the  acts  of  nineteen 
hundred  and  fifty-three,  and  in  addition  thereto  may  expend 
the  further  sum  of  ten  thousand  dollars,  which  is  hereby 
appropriated  from  the  General  Fund. 

Said  commission  shall  report  to  the  general  court  the 
results  of  said  study  and  its  recommendations,  if  any,  to- 
gether with  drafts  of  legislation  necessary  to  carry  its  recom- 


Resolves,  1954. —Chaps.  13,  14,  15.  757 

mendations  into  effect,  and  shall  file  its  final  report  with 
the  clerk  of  the  house  of  representatives  not  later  than 
March  fifteenth,  nineteen  hundred  and  fifty-four. 

Approved  February  5,  195 If. 

Resolve  validating  the  acts  of  yvette  c.  kumpey  of  Qjidj)    13 

WORCESTER  AS  A  NOTARY  PUBLIC. 

Resolved,  That  the  acts  of  Yvette  C.  Kumpey  of  Worcester 
as  a  notary  public  between  April  fourth,  nineteen  hundred 
and  forty-nine  and  September  eighteenth,  nineteen  hundred 
and  fifty-three,  both  dates  inclusive,  are  hereby  confirmed  and 
made  valid,  in  so  far  as  the  same  were  invalid  by  reason  of 
the  fact  that,  notwithstanding  the  change  of  her  name  by 
marriage  from  Yvette  C.  Gemme,  she  failed  to  re-register 
under  her  new  name  and  pay  to  the  state  secretary  a  fee  of 
one  dollar  as  required  by  section  thirteen  of  chapter  thirty 
of  the  General  Laws.  Approved  February  9,  1954. 

Resolve  validating  the  acts  of  daniel  e.  smith  of  Chap.  14 

STONEHAM  AS  A  JUSTICE  OF  THE  PEACE. 

Resolved,  That  the  acts  of  Daniel  E.  Smith  of  Stoneham 
as  a  justice  of  the  peace  between  April  twenty-fifth,  nineteen 
hundred  and  seventeen  and  April  twenty-fifth,  nineteen 
hundred  and  twenty-four,  both  dates  inclusive,  are  hereby 
confirmed  and  made  valid  to  the  same  extent  as  if  during 
said  time  he  had  been  quahfied  to  discharge  the  duties  of 
said  ofl&ce.  Approved  February  15,  1954. 

Resolve  reviving  and  further  continuing  the  special  Chap.  15 
commission  established  to  make  an  investigation  and 
study  relative  to  the  prevention  of  child  delin- 
quency, the  rehabilitation  of  delinquent  children 
and  as  to  the  advisability  of  establishing  institu- 
tions for  the  treatment  of  such  children. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  seventy-one  of  the  resolves  of  nineteen  hundred 
and  forty-seven  and  most  recently  revived  and  continued  by 
chapter  fifteen  of  the  resolves  of  nineteen  hundred  and  fifty- 
three,  is  hereby  revived  and  continued  for  the  purpose  of 
continuing  its  investigation  and  study  relative  to  the  preven- 
tion of  child  delinquency,  the  rehabilitation  of  delinquent 
children,  and  as  to  the  advisability  of  estabUshing  institu- 
tions for  the  treatment  of  such  children.  The  commission 
shall  be  provided  with  quarters  in  the  state  house  or  else- 
where, may  hold  hearings,  may  require  by  summons  the 
attendance  and  testimony  of  witnesses  and  the  production  of 
books  and  papers,  and  may  expend  the  balance  available  in 
item  0246-00  of  section  two  of  chapter  six  hundred  and 
seventy-five  of  the  acts  of  nineteen  hundred  and  fifty-three 
and  such  other  sums  as  may  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of 


758  Resolves,  1954. —  Chaps.  16,  17,  18. 

its  investigation  and  study  hereunder,  and  its  recommenda- 
tions, together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  one  or  more 
reports  with  the  clerk  of  the  house  of  representatives  at  such 
time  or  times  as  the  commission  may  elect;  provided,  that 
the  commission  shall  so  file  its  final  report  on  or  before  the 
fifteenth  of  April  in  the  current  year. 

Approved  February  15,  1954.. 

Chap.   16  Resolve  authorizing  and  directing  the  metropolitan 

DISTRICT  commission  TO  MAKE  A  STUDY  AND  SURVEY  OF 
THE  UNDERPASS  AND  THE  APPROACHES  THERETO  AT  THE 
CAMBRIDGE  END  OF  THE  LONGFELLOW  BRIDGE. 

Resolved,  That  the  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  make  a  study  and  survey 
of  the  underpass  and  the  approaches  thereto  at  the  Cambridge 
end  of  the  Longfellow  bridge  with  a  view  to  ameliorating  or 
reheving  the  existing  trafiic  congestion.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  study  and 
survey,  and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  such  recommendations 
into  effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  the  first  Wednesday  of  De- 
cember in  the  current  year.     Approved  February  16,  1954. 

Chap.   17  Resolve  in  favor  of  frederic  a.  crafts. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obUgation  of  the  commonwealth  and  after  an  appropriation 
has  been  made,  there  be  paid  from  the  state  treasury  to 
Frederic  A.  Crafts  the  amount  of  his  expenses  and  reasonable 
counsel  fees  in  the  total  sum  of  thirty-five  hundred  dollars 
incurred  in  defending  a  civil  suit  brought  against  him  in  the 
United  States  District  Court  for  the  district  of  Massachusetts 
by  one  James  Francis  to  collect  damages  for  a  judicial  act  of 
said  Frederic  A.  Crafts  while  sitting  as  special  and  presiding 
justice  of  the  second  district  court  of  eastern  Middlesex. 

Approved  February  16,  1954. 

Chap.  18        Resolve  establishing  a  state  youth  commission. 

Resolved,  That  an  unpaid  special  commission,  consisting 
of  a  chairman  to  be  appointed  by  the  governor  and  six  ex- 
ofl&cio  members ;  —  the  commissioners  of  pubhc  welfare, 
public  health,  mental  health,  and  education,  the  director  of 
the  division  of  youth  service  and  the  judge  of  the  Boston 
Juvenile  Court  or  their  respective  nominees,  is  hereby  es- 
tablished for  the  purpose  of  making  a  study  of  facilities 
available  for  meeting  the  problem  of  juvenile  deUnquency. 

Said  commission  shall  give  consideration  to  the  possibility 
of  co-ordination  at  the  local  level  and  allocation  to  the 
various  state  departments  of  the  respective  responsibihties 


Resolves,  1954.  —  Chaps.  19,  20.  759 

which  should  be  theirs  in  coping  with  juvenile  delinquency, 
and  shall  be  charged  with  the  responsibility  of  calling  a 
state-wide  conference  of  all  officials  and  agencies  interested 
for  the  purpose  of  determining  the  dimensions  of  the  problem, 
the  extent  and  success  of  various  efforts  now  underway  to 
meet  it,  and  those  areas  in  which  the  commonwealth  or  its 
agencies  may  render  the  greatest  possible  assistance. 

Said  commission  shall  report  its  findings  to  the  general 
court  on  or  before  May  first,  nineteen  hundred  and  fifty-four, 
and  there  is  hereby  appropriated  for  expenses  and  legal, 
clerical  and  other  assistance,  the  sum  of  fifteen  hundred 
dollars  from  the  General  Fund. 

Approved  FehruaryllJ,  1954. 


Resolve   reviving   and   continuing   the   special   com-  Qjiar)    19 

MISSION    established    TO    MAKE    AN    INVESTIGATION    AND 
STUDY  RELATIVE  TO  THE  STATE  TEACHERS*  COLLEGES. 

Refiolved,  That  the  unpaid  special  commission  established 
by  chapter  forty-seven  of  the  resolves  of  nineteen  hundred 
and  fifty-three  is  hereby  revived  and  continued  for  the 
purpose  of  continuing  its  investigation  and  study  relative 
to  the  State  Teachers'  Colleges,  including  the  Massachusetts 
School  of  Art,  as  set  forth  in  said  resolve.  Said  commission 
shall  be  provided  with  quarters  in  the  state  house  or  else- 
where, may  hold  public  hearings,  may  travel  within  and 
without  the  commonwealth,  and  may  expend  the  balance 
available  in  item  0241-00  of  section  two  of  chapter  six 
hundred  and  seventy-five  of  the  acts  of  nineteen  hundred  and 
fifty-three  and  such  other  sums  as  may  be  appropriated 
therefor.  Said  commission  shall  report  to  the  general 
court  the  results  of  its  investigation  and  study,  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  such  recommendations  into  effect  by 
fifing  the  same  with  the  clerk  of  the  house  of  representatives 
not  later  than  the  fifteenth  day  of  April  in  the  current  year. 

Approved  February  S3,  1954. 


Resolve  establishing  a  fiscal  survey  commission.      Chap.  20 

Resolved,  That  an  unpaid  special  commission,  consisting 
of  three  persons  to  be  appointed  by  the  governor,  two  mem- 
bers of  the  senate,  one  from  each  major  political  party,  to 
be  designated  by  the  president  thereof;  two  members  of 
the  house  of  representatives,  one  from  each  major  political 
party,  to  be  designated  by  the  speaker  thereof,  the  comp- 
troller, the  commissioner  of  corporations  and  taxation,  and 
the  budget  commissioner,  ex  officiis,  the  chairman  of  which 
shall  be  designated  by  the  governor,  is  hereby  established 
for  the  purpose  of  investigating  and  studying  certain  fiscal 
practices  and  poUcies  of  the  commonwealth.  Said  com- 
mission in  the  course  of  its  study  and  investigation  shall 


760  Resolves,  1954.  —  Chap.  21. 

consider,    without    being    limited    thereto,    the    following 
matters :  — 

Designation  of  a  minimum  number  of  funds. 

Adequacy  and  fnirneiss  of  permanent  taxes  and  fees. 

Federal-state  and  state-iooal  fiscal  sharing  programs. 

Policy  as  to  spending  local  and  federal  funds  without  appropriation. 

Constitutional  limitations. 

Subsidiary  accounts,  transfer  and  allotments. 

Desirability  of  tax  stabilization  reserve  funds. 

Emergency  or  reserve  funds. 

A  planned  capital  construction  and  maintenance  program. 

Management  and  financing  of  the  state  debt. 

Policy  on  adding  positions  and  adjusting  salaries. 

Fixing  the  duration  of  authorization  to  spend. 

The  statutory  liabiUties  of  the  commonwealth. 

Said  commission  shall  also  give  full  consideration  to  the 
reports  of  the  Special  Commission  on  Taxation,  the  Com- 
mission on  the  Structure  of  the  State  Government,  the 
Governor's  Committee  on  Plospitals,  and  any  other  special 
commission,  such  as  those  on  teachers'  colleges,  the  new 
state  office  building,  and  commissions  having  to  do  with 
studies  of  the  fiscal  affairs  of  the  commonwealth. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  shall  hold  public  hearings,  may 
travel  within  and  without  the  commonwealth,  and  may  sit 
during  the  session  and  recess  of  the  general  court. 

Said  commission  shall  report  its  findings  and  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  such  recommendations  into  effect  simultane- 
ously to  the  governor,  and  to  the  general  court  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives,  at  such 
time  or  times  as  it  may  deem  advisable,  but  in  an}''  event 
shall  file  its  final  report  on  or  before  December  first,  nine- 
teen hundred  and  fifty-four.  There  is  hereby  appropriated 
from  the  General  Fund  for  expenses  and  legal,  clerical  and 
other  assistance  the  sum  of  twenty-five  thousand  dollars. 

Approved  February  2Jf,  1954- 


Chap.  21  Resolve  validating  the  acts  of  l.  jennie  pollack  of 

HAVERHILL   AS   A    NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  L.  Jennie  Pollack  of  Haverhill 
as  a  notary  public  between  November  twelfth,  nineteen 
hundred  and  forty-seven  and  January  twenty-second,  nine- 
teen hundred  and  fifty-four,  both  dates  inclusive,  are  hereby 
confirmed  and  made  valid  in  so  far  as  they  may  have  been 
invalid  by  reason  of  the  fact  that,  notwithstanding  the 
change  of  her  name  by  marriage  from  L.  Jennie  Yurelionis, 
she  failed  to  re-register  under  her  new  name  and  pay  to  the 
state  secretary  a  fee  of  one  dollar  as  required  by  section 
thirteen  of  chapter  thirty  of  the  General  Laws. 

Approved  February  24,  1954- 


Resolves,  1954.  —  Chaps.  22,  23.  761 

Resolve   reviving  and   continuing  the   special   com-  Chap.  22 

MISSION    ESTABLISHED    TO    STUDY    AND    REVISE    THE    LAWS 
RELATING   TO   PUBLIC   WELFARE. 

Resolved,  That  the  special  commission  established  by 
chapter  thirty-three  of  the  resolves  of  nineteen  hundred 
and  fifty-three  to  make  a  survey  and  study  of  the  laws 
relating  to  public  welfare,  whose  scope  was  increased  by 
chapter  seventy-five  of  the  resolves  of  nineteen  hundred 
and  fifty-three,  is  hereby  further  revived  and  continued  for 
the  purpose  of  continuing  its  survey  and  study.  Said  com- 
mission shall  hold  hearings,  shall  be  provided  with  quarters 
in  the  state  house  or  elsewhere,  and  may  expend  for  ex- 
penses and  legal,  clerical  and  other  assistance  the  balance 
of  the  sums  appropriated  under  item  0209-00  of  section  two 
of  chapter  four  hundred  and  eighty-nine  of  the  acts  of  nine- 
teen hundred  and  fifty-three,  and  such  additional  sums  as 
may  be  appropriated  therefor.  Said  commission  shall  report 
to  the  general  court  the  results  of  its  study,  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  its  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  not  later 
than  May  fifteenth  in  the  current  year. 

Approved  March  2,  1954. 

Resolve  reviving  and  continuing  the  special  commis-  Chap.  23 
sioN  established  to  make  an  investigation  and  study 
relative  to  certain  changes  in  the  retirement  law. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  eighty  of  the  resolves  of  nineteen  hundred  and 
fifty-three,  is  hereby  revived  and  continued  for  the  purpose 
of  continuing  its  survey  and  study  of  the  laws  of  the 
commonwealth  relating  to  retirement  systems  and  pensions 
with  a  view  to  the  revision,  codification  and  simpHfication  of 
chapter  thirty-two  of  the  General  Laws.  Said  commission 
shall,  in  the  course  of  its  study,  consider  the  subject  matter 
of  house  document  numbered  2656  of  1953,  relative  to  certain 
changes  in  the  retirement  law.  In  the  course  of  its  investiga- 
tion, the  commission  shall  investigate  and  study  all  non- 
contributory  as  well  as  contributory  retirement  and  pension 
plans  and  systems.  Said  commission  shall  be  provided  with 
quarters  in  the  state  house  or  elsewhere,  may  hold  hearings, 
may  require  by  summons  the  attendance  and  testimony  by 
witnesses  and  the  production  of  books  and  papers,  may  call 
on  state  officials  and  department  heads  for  advice  and  as- 
sistance, may  travel  within  the  commonwealth,  and  may 
expend  for  experts,  clerical  and  other  services  and  expenses 
the  balance  available  in  item  0267-00  of  section  2  of  chapter 
675  of  the  acts  of  1953  and  such  other  sums  as  may  be  ap- 
propriated therefor.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation  and  study,  and 
its  recommendations,  if  any,  together  with  drafts  of  legisla- 


762  Resolves,  1954.  —  Chaps.  24,  25,  26,  27. 

tion  necessary  to  carry  its  recommendations  into  effect  by 
filing  the  same  with  the  clerk  of  the  house  of  representatives 
not  later  than  the  first  Wednesday  of  April  in  the  current 
year.  Approved  March  4,  1964. 

Chap.  24  Resolve  validating  the  acts  of  evelyn  freeman  brown 

OF   QUINCY   AS   A    NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Evelyn  Freeman  Brown  of 
Quincy  as  a  notary  pubUc  between  July  eleventh,  nineteen 
hundred  and  forty-two  and  December  thirty-first,  nineteen 
hundred  and  fifty-three,  both  dates  inclusive,  in  so  far  as 
the  same  may  have  been  invalid  by  reason  of  the  fact  that, 
upon  the  change  of  her  name  from  Evelyn  M.  Freeman,  she 
failed  to  re-register  under  her  new  name  and  pay  to  the  state 
secretary  a  fee  of  one  dollar  as  required  by  section  thirteen 
of  chapter  thirty  of  the  General  Laws,  are  hereby  confirmed 
and  made  vahd.  Approved  March  9,  1954- 

Chap.  25  Resolve  validating  the  acts  of  mildred  f.  macneil  of 

WEYMOUTH   AS   A   NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Mildred  F.  MacNeil  of  Wey- 
mouth as  a  notary  pubhc  between  June  nineteenth,  nine- 
teen hundred  and  forty-eight  and  August  seventh,  nineteen 
hundred  and  fifty-three,  both  dates  inclusive,  in  so  far  as 
the  same  may  have  been  invahd  by  reason  of  the  fact  that, 
upon  the  change  of  her  name  from  Mildred  Christie,  she 
failed  to  re-register  under  her  new  name  and  pay  to  the 
state  secretary  a  fee  of  one  dollar  as  required  by  section 
thirteen  of  chapter  thirty  of  the  General  Laws,  are  hereby 
confirmed  and  made  valid.  Approved  March  9,  1954- 

Chap.  26  Resolve  validating  the  acts  of  myrtle  f.  monahan 

OF   WEYMOUTH   AS    A    NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Myrtle  F.  Monahan  of  Wey- 
mouth as  a  notary  public  between  July  first,  nineteen  hun- 
dred and  forty-nine  and  December  tenth,  nineteen  hundred 
and  fifty-three,  both  dates  inclusive,  in  so  far  as  the  same 
may  have  been  invalid  by  reason  of  the  fact  that,  upon  the 
change  of  her  name  from  Myrtle  F.  Dimock,  she  failed  to 
re-register  under  her  new  name  and  pay  to  the  state  secre- 
tary a  fee  of  one  dollar  as  required  by  section  thirteen  of 
chapter  thirty  of  the  General  Laws,  are  hereby  confirmed 
and  made  valid.  Approved  March  9,  1954. 

Chap.  27  Resolve  providing  for  an  investigation  by  the  judi- 
cial COUNCIL  relative  TO  NOTICE  TO  ACCUSED  BEFORE 
TRIAL   IN   DISTRICT    COURTS. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document 
numbered  seven  hundred  and  eighty-five,  relative  to  notice 


Resolves,  1954.  —  Chaps.  28,  29.  763 

to  accused  before  trial  in  district  courts,  and  to  include  its 
conclusions  and  recommendations  in  relation  thereto,  with 
drafts  of  such  legislation  as  may  be  necessary  to  give  effect 
to  the  same,  in  its  annual  report  for  the  current  year. 

Approved  March  11,  195 If. 

Resolve  providing  for  an  investigation  and  study  by  Qfid^r)    28 

THE   department  OF  PUBLIC   UTILITIES   RELATIVE  TO  THE  ^' 

GRADE    CROSSING   AT    MARBLEHEAD    STREET    IN    THE    TOWN 
OF   NORTH   ANDOVER. 

Resolved,  That  the  department  of  public  utihties  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
of  the  subject  matter  of  current  senate  document  numbered 
565,  relative  to  the  grade  crossing  at  Marblehead  street  in 
the  town  of  North  Andover.  Said  department  shall  report 
to  the  general  court  the  results  of  its  investigation  and 
study  by  J&Hng  the  same  with  the  clerk  of  the  house  of  rep- 
resentatives on  or  before  the  first  Wednesday  of  December 
in  the  current  year.  Approved  March  18,  1954. 

Resolve  further  continuing  the  special  commission  nhnnj    OQ 

ESTABLISHED     TO     MAKE     AN     INVESTIGATION     AND     STUDY  ^' 

RELATIVE   TO   THE   PROBLEMS   OF  TAXATION. 

Resolved,  That  the  unpaid  special  commission,  known  as 
the  special  commission  on  taxation,  established  by  chapter 
eighty-six  of  the  resolves  of  nineteen  hundred  and  forty- 
eight,  and  whose  membership  was  increased  by  chapter 
fifty-one  of  the  resolves  of  nineteen  hundred  and  forty-nine, 
and  which  was  most  recently  continued  by  chapter  forty- 
two  of  the  resolves  of  nineteen  hundred  and  fifty-three,  is 
hereby  continued  for  the  purpose  of  continuing  its  investi- 
gation and  study  relative  to  the  problems  of  taxation.  Said 
commission  shall  make  an  investigation  and  study  of  the 
general  subject  of  taxation  in  the  commonwealth,  including 
among  other  things  the  assessment  and  collection  of  taxes 
and  the  distribution  of  such  taxes.  Said  commission  shall 
also  make  such  investigation  and  study  with  a  view  to  the 
revision  and  codification  of  the  laws  relating  to  taxation  and 
to  the  recommending  of  such  changes  therein  and  additions 
thereto  as  may  appear  necessary  or  desirable. 

Said  commission  may  hold  public  hearings  and  may  call 
upon  officials  of  the  commonwealth  or  its  subdivisions  for 
such  information  as  it  may  desire  in  the  course  of  its  investi- 
gation and  study,  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere  and  shall  have  the  power  to  summon 
witnesses  and  to  require  the  production  of  books,  records, 
contracts  and  papers  and  the  giving  of  testimony  under 
oath.  Said  commission  may  expend  for  expert,  clerical  and 
other  services  and  expenses  the  unexpended  balance  of  item 
0239-00  of  section  two  of  chapter  six  hundred  and  thirty- 
two  of  the  acts  of  nineteen  hundred  and  fifty-two  and  of 
item  0239-00  of  chapter  six  hundred  and  seventy-five  of  the 


764  Resolves,  1954. —  Chaps.  30,  31,  32. 

acts  of  nineteen  hundred  and  fifty-three.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  investiga- 
tion and  study  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  such  recommen- 
dations into  effect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  from  time  to  time  and  by  filing  a 
final  report  on  or  before  June  thirtieth  of  the  current  year. 

Approved  March  18,  195 4. 

Chap.  30  Resolve   validating  the  acts   of  lola  dickerman   of 

LAWRENCE   AS   A   NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Lola  Dickerman  as  a  notary 
public  between  August  twenty-fourth,  nineteen  hundred 
and  fifty-two  and  December  twenty-first,  nineteen  hun- 
dred and  fifty-three,  both  dates  inclusive,  in  so  far  as  the 
same  may  have  been  invalid  by  reason  of  the  fact  that, 
upon  the  change  of  her  name  from  Lola  Glazerman,  she 
failed  to  re-register  under  her  new  name  and  pay  to  the 
state  secretary  a  fee  of  one  dollar  as  required  by  section 
thirteen  of  chapter  thirty  of  the  General  Laws,  are  hereby 
confirmed  and  made  valid.  Approved  March  22,  1954. 

Chap.  31  Resolve   providing   for   a   proper   representation   of 

THE  COMMONWEALTH  AT  THE  STATE  CONVENTION  OF 
THE  AMERICAN  LEGION  TO  BE  HELD  IN  THE  CITY  OF  PITTS- 
FIELD  IN  THE  CURRENT  YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  state  convention 
of  The  American  Legion  to  be  held  in  the  city  of  Pittsfield 
in  the  current  year,  and  to  ensure,  in  arranging  entertain- 
ments and  other  events  in  connection  therewith,  proper 
co-operation  between  the  Massachusetts  Department  of 
The  American  Legion  and  the  commonwealth,  there  may  be 
expended,  with  the  approval  and  under  the  direction  of  the 
governor  and  council,  for  said  purpose  such  sums  as  may 
be  appropriated  therefor.  Approved  March  23,  1954. 

Chap.  32  Resolve   providing   for  a   proper   representation   of 

THE  commonwealth  AT  THE  NATIONAL  CONVENTION  OF 
THE  NATIONAL  CUSTOMS  SERVICE  ASSOCIATION  TO  BE 
HELD  IN  THE  CITY  OF  BOSTON  IN  THE  CURRENT  YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  conven- 
tion of  the  National  Customs  Service  Association  to  be  held 
in  the  city  of  Boston  in  the  current  year,  and  to  ensure,  in 
arranging  entertainment  and  other  events  in  connection 
therewith,  proper  co-operation  between  the  National  Cus- 
toms Service  Association  and  the  commonwealth,  there  may 
be  expended,  with  the  approval  and  under  the  direction  of 
the  governor  and  council,  such  sums  as  may  be  appropriated 
therefor.  Approved  March  25,  1954- 


Resolves J1954.  —  Chaps.  33,  34,  35.  765 

Resolve  in  favor  of  Joseph  burns  of  stoneham.  Chav  33 
Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  and  subject  to  appropria- 
tion, there  be  allowed  and  paid  out  of  the  state  treasury  to 
Joseph  Burns  of  Stoneham  the  sum  of  nine  hundred  dollars 
in  payment  for  injury  sustained  by  his  minor  son,  Joseph 
Burns,  Jr.,  who  was  injured  at  the  Metropolitan  District 
Commission  wading  pool  in  Stoneham  on  June  sixteenth, 
nineteen  hundred  and  fifty-two. 

No  payment  shall  be  made  hereunder  until  there  shall 
have  been  filed  with  the  comptroller  an  agreement,  signed 
by  the  said  Joseph  Burns,  that  the  amount,  if  any,  paid  or 
to  be  paid  for  legal  services  rendered  in  connection  with  the 
passage  of  this  resolve  shall  not  exceed  ten  per  cent  of  the 
sum  paid  or  payable  hereunder. 

Approved  March  26,  1954. 


Resolve  providing  for  an  investigation  and  study  by  Qfiaj)    34 

THE  department  OF  PUBLIC  WORKS  RELATIVE  TO  TRAFFIC 
conditions  on  that  portion  of  route  1  WHICH  EXTENDS 
FROM  THE  TOWN  OF  DEDHAM  TO  THE  RHODE  ISLAND  LINE: 

Resolved,  That  the  department  of  public  works  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
relative  to  traffic  conditions  on  that  portion  of  Route  1  which 
extends  from  the  town  of  Dedham  to  the  Rhode  Island  line 
for  the  purpose  of  eliminating  traffic  hazards  existing  thereon 
and  promoting  the  public  safety.  Said  department  shall  re- 
port to  the  general  court  the  results  of  its  investigation  and 
study,  together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  on  or  before  the 
first  day  of  June  in  the  current  year. 

Approved  March  29,  1954. 


Resolve  extending  the  time  in  which  the  commission-  QJiaj),  35 

ERS  to  revise,  recodify,  CONSOLIDATE  AND  ARRANGE 
THE  GENERAL  LAWS  ARE  AUTHORIZED  AND  DIRECTED  TO 
REPORT  SUBSTANTIVE  CHANGES  IN  THE  GENERAL  LAWS 
AND  TO  MAKE  THEIR  FINAL  REPORT. 

Resolved,  That  the  time  within  which  the  commissioners 
to  revise,  recodify,  consolidate  and  arrange  the  General 
Laws  of  the  commonwealth,  appointed  under  authority  of 
chapter  ninety-four  of  the  resolves  of  nineteen  hundred  and 
forty-eight,  shall  submit  their  final  report  of  such  revision, 
as  set  forth  in  chapter  thirty-seven  of  the  resolves  of  nine- 
teen hundred  and  fifty-two,  is  hereby  further  extended  from 
the  first  Wednesday  of  February,  nineteen  hundred  and 
fifty-four  to  the  first  Wednesday  of  May,  nineteen  hundred 
and  fifty-four. 


766  Resolves,  1954.  —  Chaps.  36,  37. 

During  the  period  of  said  extension  the  commissioners 
may  also  submit  to  the  committee  on  the  judiciary,  recom- 
mendations for  substantive  corrective  changes  of  amend- 
ments and  additions  to  the  General  Laws  in  addition  to 
those  contained  in  Parts  I,  II  and  III  of  its  Preliminary 
Report,  and  shall  continue  to  make  reports  of  their  progress 
to  said  committee. 

The  commissioners  may  in  continuing  said  work  expend 
the  balance  of  any  funds  previously  appropriated,  and  the 
balance  available  in  item  0407-02  of  section  two  of  chapter 
five  hundred  and  seventy-three  of  the  acts  of  nineteen  hun- 
dred and  fifty-three  is  hereby  made  available  for  expenditure 
by  the  commissioners  in  continuing  said  work  for  the  pur- 
poses specified  in  appropriation  item  0407-01  of  section  two 
of  said  chapter^  as  well  as  for  the  purposes  specified  in  said 
item  0407-02.  Approved  April  1,  1954. 


Chap.  36  Resolve  providing  for  a  proper  representation  of  the 

COMMONWEALTH  AT  THE  NATIONAL  CONVENTION  OF  THE 
AMERICAN  GOLD  STAR  MOTHERS  TO  BE  HELD  IN  THE  CITY 
OF  BOSTON  IN  THE  CURRENT  YEAR. 

Resolved,  That  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  conven- 
tion of  the  American  Gold  Star  Mothers  to  be  held  in  the 
city  of  Boston  from  June  sixth  to  June  eleventh  in  the  cur- 
rent year,  and  to  ensure,  in  arranging  entertainments  and 
other  events  in  connection  therewith,  proper  co-operation 
between  the  American  Gold  Star  Mothers  corporation  and 
the  commonwealth,  there  may  be  expended,  with  the  ap- 
proval and  under  the  direction  of  the  governor  and  council, 
such  sums  as  may  be  appropriated  therefor. 

Approved  April  6,  195 If. 


Chap.  37  Resolve  providing  for  an  investigation  and  study  by 

THE  DEPARTMENT  OF  PUBLIC  UTILITIES  RELATIVE  TO  REGU- 
LATIONS, price  CHARGES,  EQUIPMENT,  INSURANCE,  AND 
ENFORCEMENT  OF  RULES  OF  SAID  DEPARTMENT  CONCERN- 
ING THE  OPERATION  OF  TOWING  TRUCKS  BY  GARAGES. 

Resolved,  That  the  department  of  pubhc  utiUties  is  hereby 
authorized  and  directed  to  make  a  study  and  investigation 
relative  to  trucks  used  by  garages  for  towing  purposes,  par- 
ticularly with  regard  to  the  regulation  thereof,  price  charges 
made  for  such  use,  equipment  thereof,  insurance  carried  for 
the  same,  and  the  enforcement  of  rules  of  the  department 
concerning  them.  The  department  shall  report  to  the  gen- 
eral court  the  results  of  its  study  and  investigation,  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  such  recommendations  into  effect,  by 
fifing  the  same  with  the  clerk  of  the  house  of  representatives 
on  or  before  the  first  Wednesday  of  December,  nineteen  hun- 


Resolves,  1954.  —  Chaps.  38,  39,  40.  767 

dred  and  fifty-four.  For  the  purpose  of  carrying  out  the 
provisions  of  this  resolve,  said  department  may  expend  such 
sums  as  may  be  appropriated  therefor. 

Approved  April  5,  1954- 

Resolve  providing  for  a  study  by  the  board  of  elevator  Chap.  38 

REGULATIONS  OF  CERTAIN  PROPOSED  LEGISLATION  RELA- 
TIVE  TO    ELEVATORS. 

Resolved,  That  the  board  of  elevator  regulations  of  the 
department  of  public  safety  is  hereby  authorized  to  make  a 
study  of  the  subject  matter  of  current  senate  document 
numbered  472,  relative  to  further  regulating  the  installation 
and  inspection  of  elevators,  of  current  house  document 
numbered  1321,  relative  to  further  regulating  the  rules  and 
regulations  established  by  the  board  of  elevator  regulations 
and  the  licensing  of  elevator  constructors,  maintenance  men 
and  repair  men,  and  of  current  house  document  numbered 
2002,  relative  to  safety  devices  on  elevators.  Said  board 
shall  report  to  the  general  court  the  results  of  its  study,  and 
its  recommendations,  if  any,  together  with  drafts  of  legis- 
lation necessary  to  carry  such  recommendations  into  effect, 
by  filing  the  same  with  the  clerk  of  the  house  of  repre- 
sentatives on  or  before  the  first  Wednesday  of  December  in 
the  current  year.  Approved  April  12,  1954. 

Resolve  providing  for  an  investigation  by  the  judicial  Chap.  39 

COUNCIL  relative  TO  MAKING  THE  OPERATION  OF  A  MOTOR 
VEHICLE  WHILE  UNDER  THE  INFLUENCE  OF  INTOXICATING 
LIQUOR,  REGARDLESS  OF  THE  PLACE  OF  OPERATION,  A 
CRIMINAL   OFFENCE. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  senate  document 
numbered  603,  relative  to  making  the  operation  of  a  motor 
vehicle  while  under  the  influence  of  intoxicating  liquor, 
regardless  of  the  place  of  operation,  a  criminal  offence,  and 
to  include  its  conclusions  and  its  recommendations,  if  any, 
in  relation  thereto,  together  with  drafts  of  such  legislation 
as  may  be  necessary  to  give  effect  to  the  same,  in  its  annual 
report  for  the  current  year.  Approved  April  16,  1954. 

Resolve  authorizing  and  directing  the  department  Chap.  40 
OF  public  works  to  continue  an  investigation  and 

STUDY  relative  TO  IMPROVING   FAIRHAVEN  HARBOR. 

Resolved,  That  the  department  of  pubHc  works  is  hereby 
authorized  and  directed  to  continue  to  make  an  investiga- 
tion and  study  relative  to  the  advisability  and  expediency 
of  providing  for  the  improvement  of  the  port  facilities  at 
Fairhaven  harbor.  Said  department  shall  report  to  the 
general  court  the  results  of  its  investigation  and  study,  and 
its  recommendations,  if  any,  together  with  drafts  of  legisla- 
tion necessary  to  carry  such  recommendations  into  effect, 


768  Resolves,  1954.  —  Chaps.  41,  42,  43. 

by  filing  the  same  with  the  clerk  of  the  house  of  representa- 
tives on  or  before  the  first  Wednesday  of  December  in  the 
current  year.  Approved,  April  20,  1954. 

Chap.  41  Resolve   providing   for   an   investigation   and   study 

RELATIVE  TO  PLANS  AND  PROPOSALS  FOR  THE  MASSACHU- 
SETTS BAY  CIRCUIT,  so  CALLED,  AND  FOR  OTHER  PURPOSES. 

Resolved,  That  the  division  of  planning  in  the  department 
of  commerce,  the  department  of  natural  resources,  the  de- 
partment of  public  works  and  the  metropolitan  district 
commission,  sitting  as  a  joint  board,  are  hereby  authorized 
to  make  an  investigation  and  study  relative  to  the  feasibility, 
usefulness  for  recreation  and  travel  and  the  probable  cost 
involved  in  carrying  out  the  suggested  pubhc  improvement 
known  as  "The  Bay  Circuit",  which  was  the  subject,  in 
part,  of  a  report  dated  May  fourth,  nineteen  hundred  and 
twenty-nine,  by  the  Governor's  Committee  on  Needs  and 
Uses  of  Open  Spaces,  and  of  such  acquisition  of  land,  con- 
struction of  highways,  parks,  open  spaces  and  other  features 
as  may  appear  likely  to  assure  the  greatest  public  benefits 
from  this  general  proposal  together  with  a  suggested  order 
of  precedence  of  any  projects  that  may  be  recommended. 

The  board  shall  make  a  report  to  the  general  court  not 
later  than  the  first  Wednesday  of  January  in  the  year  nine- 
teen hundred  and  fifty-five.  Approved  April  21,  1954- 

Chap.  42  Resolve  providing  for  a  proper  representation  of  the 

COMMONWEALTH  AT  THE  STATE  CONVENTION  OF  THE  DIS- 
ABLED AMERICAN  VETERANS,  DEPARTMENT  OF  MASSA- 
CHUSETTS, INC.,  TO  BE  HELD  IN  THE  CITY  OF  SPRINGFIELD 
IN   THE    CURRENT   YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  state  convention 
of  the  Disabled  American  Veterans,  Department  of  Massa- 
chusetts, Inc.,  to  be  held  in  the  city  of  Springfield  in  the 
current  year,  and  to  ensure,  in  arranging  entertainments 
and  other  events  in  connection  therewith,  proper  co-operation 
between  the  Disabled  American  Veterans,  Department  of 
Massachusetts,  Inc.  and  the  commonwealth,  there  may  be 
expended,  with  the  approval  and  under  the  direction  of  the 
governor  and  council,  for  said  purpose  such  sums  as  may  be 
appropriated  therefor.  Approved  April  26,  1954' 

Chap.  43  Resolve  validating  the  acts  of  cecilia  t.  conlin  of 

MILFORD   AS   A    NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Cecilia  T.  ConUn  of  Milford 
as  a  notary  public  between  June  twenty-fourth,  nineteen 
hundred  and  fifty  and  March  nineteenth,  nineteen  hundred 
and  fifty-four,  both  dates  inclusive,  in  so  far  as  the  same 
may  have  been  invaUd  by  reason  of  the  fact  that  upon  the 
change  of  her  name  from  Cecilia  T.  Burnett,  she  failed  to 


Resolves,  1954.  —  Chaps.  44,  45,  46.  769 

re-register  under  her  new  name  and  pay  to  the  state  secretary 
a  fee  of  one  dollar  as  required  by  section  thirteen  of  chapter 
thirty  of  the  General  Laws,  are  hereby  confirmed  and  made 
valid.  Approved  April  26,  1954- 

Resolve  providing  for  an  investigation  by  the  judicial  Qfiaj).  44 

COUNCIL  RELATIVE  TO  THE  ADVANCEMENT  FOR  SPEEDY 
TRIAL  OF  CERTAIN  CASES  REMOVED  BY  THE  DEFENDANT 
FROM  A  DISTRICT  COURT  TO  THE  SUPERIOR  COURT. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document 
numbered  five  hundred  and  eighty-five,  relative  to  providing 
for  the  advancement  for  speedy  trial  of  certain  cases  re- 
moved by  the  defendant  from  a  district  court  to  the  superior 
court,  and  to  include  its  conclusions  and  its  recommendations, 
if  any,  in  relation  thereto,  with  drafts  of  such  legislation  as 
may  be  necessary  to  give  effect  to  the  same,  in  its  annual 
report  for  the  current  year.  Approved  April  26,  195 1^. 

Resolve    providing    for   the    conveyance    of    certain  Q}iQr)    45 

LAND  IN  THE  EAST  BOSTON  DISTRICT  OF  THE  CITY  OF  BOSTON 
TO   THERESA    DiSESSA    OF   SAID    CITY. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  the  state  department  of 
pubUc  works,  with  the  approval  of  the  governor  and  council, 
may,  without  consideration,  convey  in  the  name  and  behalf 
of  the  commonwealth  to  Theresa  DiSessa  of  Boston  so  much 
of  the  land  shown  as  Lot  1  on  Whitman  &  Howard  plan 
dated  August  1932  and  filed  with  Land  Court  (Suffolk 
Registry  District),  Certificate  of  Title  numbered  45616.  as 
lies  within  the  limits  of  Lot  A  shown  on  Whitman  &  Howard 
plan  dated  April  6,  1938  and  recorded  with  Suffolk  Deeds 
Book  5807,  Page  559;  provided,  that  the  contract  made 
between  the  commonwealth  and  the  city  of  Boston  under 
chapter  four  hundred  and  thirty-one  of  the  acts  of  nineteen 
hundred  and  forty-nine  is  amended  so  as  to  permit  such 
conveyance.  Approved  April  26,  1954- 

Resolve  providing  for  an  investigation  by  the  judi-  Chap.  46 

CIAL  council  relative  TO  PROVIDING  FOR  STOP  PAYMENT 
ORDERS  RELATING  TO  THE  PAYMENT  OF  CHECKS  OR  DRAFTS 
AGAINST  BANK  ACCOUNTS. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  senate  document 
numbered  six  hundred  and  fifty-nine,  relative  to  providing 
for  stop  payment  orders  relating  to  the  payment  of  checks 
or  drafts  against  bank  accounts,  and  to  include  its  conclu- 
sions and  recommendations  in  relation  thereto,  with  drafts 
of  such  legislation  as  may  be  necessary  to  give  effect  to  the 
same,  in  its  annual  report  for  the  current  year. 

Approved  April  26,  1954- 


770  Resolves,  1954.  —  Chaps.  47,  48. 


Chap.  47  Resolve  providing  for  a  further  investigation  and 

STUDY  BY  THE  METROPOLITAN  DISTRICT  COMMISSION,  THE 
DEPARTMENT  OF  PUBLIC  WORKS  AND  THE  DEPARTMENT  OF 
PUBLIC  HEALTH  OF  THE  SANITARY  CONDITION  OF  SPY 
POND  IN  THE  TOWN  OF  ARLINGTON. 

Resolved,  That  the  joint  board,  consisting  of  the  metro- 
poHtan  district  commission,  the  department  of  pubHc  works 
and  the  department  of  public  health,  established  by  chapter 
twenty-four  of  the  resolves  of  nineteen  hundred  and  fifty- 
three,  is  hereby  revived  and  continued,  and  is  hereby  au- 
thorized and  directed  to  further  study  the  conditions  at 
Spy  pond  in  the  town  of  Arlington,  reported  in  current  house 
document  numbered  2361.  Notwithstanding  any  other  pro- 
visions of  the  law  to  the  contrary,  the  said  board,  for 
the  purposes  of  this  resolve,  may  expend  the  unexpended 
balance  of  the  funds  appropriated  by  item  8602-80  of  sec- 
tion two  of  chapter  four  hundred  and  twenty  of  the  acts  of 
nineteen  hundred  and  fifty-two,  and  may,  in  addition  to 
said  balance,  expend  such  sums  as  may  hereafter  be  appro- 
priated therefor.  The  said  joint  board  shall  report  to  the 
general  court  the  results  of  its  further  investigation  and 
study,  and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  said  recommendations 
into  effect  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  December  thirty-first,  nineteen 
hundred  and  fifty-five.  Approved  April  26,  1954. 

Chav.  48  Resolve  reviving  and  further  continuing  the  special 

COMMISSION  ESTABLISHED  TO  MAKE  AN  INVESTIGATION 
AND  STUDY  RELATIVE  TO  THE  PREVENTION  OF  CHILD  DE- 
LINQUENCY, THE  REHABILITATION  OF  DELINQUENT  CHIL- 
DREN AND  AS  TO  THE  ADVISABILITY  OF  ESTABLISHING 
INSTITUTIONS  FOR  THE  TREATMENT  OF  SUCH  CHILDREN. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  seventy-one  of  the  resolves  of  nineteen  hundred 
and  forty-seven  and  most  recently  revived  and  continued 
by  chapter  fifteen  of  the  resolves  of  nineteen  hundred  and 
fifty-three,  is  hereby  revived  and  continued  for  the  purpose 
of  continuing  its  investigation  and  study  relative  to  the 
prevention  of  child  delinquency,  the  rehabilitation  of  de- 
linquent children,  and  as  to  the  advisability  of  estabUshing 
institutions  for  the  treatment  of  such  children.  The  com- 
mission shall  be  provided  with  quarters  in  the  state  house 
or  elsewhere,  may  hold  hearings,  may  require  by  summons 
the  attendance  and  testimony  of  witnesses  and  the  produc- 
tion of  books  and  papers,  and  may  expend  for  clerical  and 
other  services  and  expenses  the  balance  available  in  item 
0246-00  of  section  two  of  chapter  six  hundred  and  seventy- 
five  of  the  acts  of  nineteen  hundred  and  fifty-three  and 
such  other  sums  as  may  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of 


Resolves,  1954.  —  Chaps.  49,  50.  771 

its  investigation  and  study  hereunder,  and  its  recommenda- 
tions, together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  fihng  one  or  more 
reports  with  the  clerk  of  the  house  of  representatives  at 
such  time  or  times  as  the  commission  may  elect;  provided, 
that  the  commission  shall  so  file  its  final  report  on  or  before 
the  fifteenth  day  of  May  in  the  current  year. 

Approved  April  26,  195Jf. 

Resolve  authorizing  the  continuance  of  the  investi-  Qjidj)    49 

GATION  relative  TO  THE  FORMULATION  OF  A  PLAN  FOR 
THE  IMPROVEMENT  OF  STRAITS  POND  IN  THE  TOWNS  OF 
HULL  AND  COHASSET. 

Resolved,  That  the  department  of  public  health,  the  state 
reclamation  board  and  the  Port  of  Boston  Commission, 
authorized  and  directed  as  a  joint  board  by  chapter  forty- 
one  of  the  resolves  of  nineteen  hundred  and  fifty-three  to 
consider  and  formulate  a  plan  for  the  improvement  of  the 
condition  of  Straits  pond  in  the  towns  of  Hull  and  Cohasset, 
is  hereby  authorized  and  directed  to  continue  its  investiga- 
tion. The  said  joint  board  shall  report  to  the  general  court 
the  final  results  of  its  investigations  and  its  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary 
to  carry  out  the  same  by  fihng  a  report  with  the  clerk  of 
the  house  of  representatives  on  or  before  the  first  Wednesday 
in  December  in  nineteen  hundred  and  fifty-four.  For  the 
purposes  of  carrying  out  the  provisions  of  this  resolve  the 
said  joint  board  may  expend  such  sums  as  may  be  appro- 
priated therefor.  Approved  April  27,  195 4. 

Resolve  in  favor  of  lewis  haduk,  john  cabral  and  Qhnnr)    5Q 

HECTOR    BLAIS.  ^' 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  and  subject  to  appropria- 
tion, the  commissioner  of  agriculture  shall  certify  for  pay- 
ment and  there  shall  be  paid  by  the  commonwealth  to 
Lewis  Haduk  of  North  Attleborough  the  sum  of  one  thousand 
three  hundred  and  fifty  dollars  and  twenty-seven  cents;  to 
John  Cabral  of  Seekonk  the  sum  of  one  thousand  eight 
hundred  and  sixty-seven  dollars;  and  to  Hector  Blais  of 
North  Attleborough  the  sum  of  six  thousand  four  hundred 
and  ninety-two  dollars  and  fifty-five  cents,  for  reimburse- 
ment for  losses  sustained  by  them  for  hogs  quarantined 
under  provisions  of  chapter  one  hundred  and  twenty-nine 
of  the  General  Laws  and  sold  for  processing.  No  payment 
shall  be  made  hereunder  until  there  has  been  filed  with  the 
comptroller  an  agreement  signed  by  said  Lewis  Haduk, 
John  Cabral  and  Hector  Blais  that  the  amount,  if  any, 
paid  or  to  be  paid  for  legal  services  rendered  in  connection 
with  the  passage  of  this  resolve  shall  not  exceed  five  per 
cent  of  the  maximum  amount  payable  hereunder. 

ApproveU  April  29,  195 4. 


772  Resolves,  1954. —Chaps.  51,  52. 


Chap.  51  Resolve  reviving  and  continuing  the  special  commis- 
sion ESTABLISHED  FOR  THE  PURPOSE  OF  MAKING  AN  IN- 
VESTIGATION AND  STUDY  RELATIVE  TO  THE  USE  OF  TELE- 
VISION  FOR   EDUCATIONAL   PURPOSES. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  ninety-six  of  the  resolves  of  nineteen  hundred 
and  fifty-two  and  revived  and  continued  by  chapter  seven 
of  the  resolves  of  nineteen  hundred  and  fifty-three,  is  hereby 
further  revived  and  continued  for  the  purpose  of  continuing 
its  investigation  and  study  relative  to  the  use  of  television 
for  educational  purposes. 

Said  commission  may,  in  the  course  of  its  investigation 
and  study,  conduct  such  engineering  and  other  surveys  as 
it  deems  necessary  to  petition  the  Federal  Communications 
Commission  to  allocate  and  reserve  additional  television 
channels  for  non-commercial  educational  television  purposes 
in  central  Massachusetts,  the  Connecticut  valley,  and  Berk- 
shire county,  and  to  prepare  the  necessary  appHcation  or 
applications  for  the  utilization  of  the  non-commercial  tele- 
vision channel  or  channels  allocated  to  Massachusetts. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  may  require 
by  summons  the  attendance  and  testimony  of  witnesses 
and  the  production  of  books  and  papers,  may  travel  within 
and  outside  the  commonwealth,  and  may  expend  for  clerical, 
engineering,  legal  and  other  services  such  sums  as  may  be 
appropriated  therefor. 

Said  commission  shall  report  to  the  general  court  the 
results  of  its  investigation  and  study  hereunder,  and  its 
recommendations,  together  with  drafts  of  legislation  neces- 
sary to  carry  such  recommendations  into  effect,  by  filing 
one  or  more  reports  with  the  clerk  of  the  senate  at  such  time 
or  times  as  the  commission  may  elect;  provided,  that  the 
commission  shall  so  file  its  final  report  on  or  before  May 
twenty-eighth,  nineteen  hundred  and  fifty-four.  For  the 
purposes  of  this  resolve  the  commission  may  expend  the 
balance  available  in  item  0229-00  as  appropriated  by  chapter 
seven  of  the  resolves  of  nineteen  hundred  and  fifty-three 
and  such  other  sums  as  may  be  appropriated  therefor. 

Approved  April  29,  1954- 

Chap.  52  Resolve  providing  for  an  investigation  and  study  by 

THE  department  OF  COMMERCE  RELATIVE  TO    PROMOTING 
industry   and   trade    in   THE    COMMONWEALTH. 

Resolved,  That  the  department  of  commerce  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
of  the  subject  matter  of  current  senate  document  num- 
bered 162  relative  to  fostering  and  developing  domestic 
and  international  trade  for  the  benefit  of  the  commonwealth 
and  to  create  world  trade  centers  in  the  city  of  Boston,  and 
current  house  document  numbered  292  relative  to  the  further 


Resolves,  1954.  —  Chaps.  53,  54.  773 

promotion  of  the  textile  industry  in  Massachusetts.  Said 
department  shall  report  to  the  general  court  the  results  of  its 
investigation  and  study,  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect,  by  fihng  the  same  with  the 
clerk  of  the  senate  not  later  than  the  last  Wednesday  of 
December  in  the  current  year.         Approved  May  S,  1954. 


Resolve  providing  for  an  investigation  by  the  judicial  Qfiap.  53 

COUNCIL  relative  TO  CONVEYANCES  OF  REAL  ESTATE  BY 
WILL  OR  DEED  BY  A  MARRIED  PERSON  DESERTED  BY  A 
SPOUSE  OR  LIVING  APART  FOR  JUSTIFIABLE  CAUSE,  AND 
RELATIVE  TO  PROVIDING  FOR  THE  TRANSFER  OF  REGIS- 
TRATION OF  THE  TITLE  OF,  OR  INTEREST  IN,  A  MOTOR 
VEHICLE   OF   A    DECEASED    PERSON. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  senate  document 
numbered  three  hundred  and  sixty-two,  relative  to  con- 
veyances of  real  estate  by  will  or  deed  by  a  married  person 
deserted  by  a  spouse  or  hving  apart  for  justifiable  cause, 
and  of  current  house  document  numbered  eighteen  hundred 
and  seventy-two,  relative  to  providing  for  the  transfer  of 
registration  of  the  title  of  or  interest  in,  a  motor  vehicle  of  a 
deceased  person,  and  to  include  its  conclusions  and  recom- 
mendations in  relation  thereto,  with  drafts  of  such  legis- 
lation as  may  be  necessary  to  give  effect  to  the  same,  in  its 
annual  report  for  the  current  year. 

Approved  May  4,  1954- 


Resolve  providing  for  a  study  relative  to  the  ex-  Qfiaj).  54 

TENSION    OF    THE    METROPOLITAN    WATER    SYSTEM    MAINS 
into   THE    COUNTIES    OF    PLYMOUTH   AND    BRISTOL. 

Resolved,  That  the  metropoUtan  district  commission  is 
hereby  authorized  and  directed  to  make  a  comprehensive 
investigation  and  study  of  the  advisability  and  feasibility 
of  constructing,  as  part  of  the  metropolitan  water  system, 
extensions  of  its  water  distributing  mains  into  the  cities 
and  towns  of  Plymouth  and  Bristol  counties,  and  of  fur- 
nishing water  so  that  said  cities  and  towns  may  be  insured 
an  adequate  supply  of  water.  The  commission  shall  esti- 
mate the  costs  of  making  such  extensions  and  of  furnishing 
such  water,  and  shall  submit  a  method  of  payment  therefor 
by  such  cities  and  towns,  which  shall  pay  a  fair  share  of  the 
costs  of  such  water,  the  costs  of  extending  said  water  mains, 
and  of  connections  thereto.  Said  commission  may  expend 
for  the  purposes  of  this  resolve  such  sums  as  may  be  appro- 
priated therefor.  Said  commission  shall  report  to  the  general 
court  the  results  of  its  investigation  and  study  and  its  rec- 
ommendations, if  any,  together  with  estimates  of  costs,  and 
drafts  of  legislation  necessary  to  carry  said  recommendations 


774  Resolves,  1954.  —  Chaps.  55,  56. 

into  effect,  by  filing  the  same  with  the  clerk  of  the  senate 
on  or  before  the  last  Wednesday  of  December  in  the  current 
year.  Approved  May  4,  1954. 

Chap.  55  Resolve  providing  for  an  investigation  and  study  by 

A  SPECIAL  unpaid  COMMISSION  OF  GROUND  WATER  SUP- 
PLIES AND  OF  DETERMINING  NEW  SOURCES  THEREOF,  IN 
THE    COUNTIES   OF   PLYMOUTH   AND    BRISTOL. 

Resolved,  That  a  special  unpaid  commission,  to  consist 
of  the  director  of  the  division  of  sanitary  engineering  in  the 
department  of  public  health,  and  two  persons,  who  shall  be 
engineers  or  scientists  experienced  in  the  field  of  water  supply 
and  in  locating  and  determining  the  sources  of  ground  water 
supplies,  to  be  appointed  by  the  governor,  is  hereby  estab- 
lished for  the  purpose  of  making  a  comprehensive  study 
and  investigation  of  the  water  supply  sources  in  the  counties 
of  Plymouth  and  Bristol,  with  particular  reference  to  the 
quantities  of  water  to  be  obtained  from  ground  water  sources, 
the  location  of  said  sources,  the  best  method  of  conserving 
said  water  supplies,  of  purifying  and  protecting  the  purity 
of  said  water,  and  all  other  matters  pertaining  to  public 
ground  water  supply  in  said  counties.  The  commission 
shall  be  provided  with  quarters  in  the  state  house  or  else- 
where, may  hold  hearings  and  shall  have  the  power  to 
summons  witnesses.  It  may  employ  engineers,  consulting 
engineers,  chemists  and  attorneys  and  may  expend  therefor 
and  for  such  other  assistance  and  expenses  such  sums  as  may 
be  appropriated  therefor.  Said  commission  shall  report  to 
the  general  court  the  results  of  said  study  and  investigation, 
together  with  recommendations,  if  any,  and  drafts  of  legis- 
lation necessary  to  carry  such  recommendations  into  effect, 
by  fifing  the  same  with  the  clerk  of  the  senate  on  or  before 
the  last  Wednesday  of  December  in  the  current  year. 

Approved  May  4,  1954- 


Chav  56  Resolve  increasing  the  scope  of  the  state  youth  com- 
mission ESTABLISHED  FOR  THE  PURPOSE  OF  MAKING  A 
study  of  facilities  available  for  MEETING  THE  PROB- 
LEM  OF   JUVENILE   DELINQUENCY. 

Resolved,  That  the  state  youth  commission,  established 
by  chapter  eighteen  of  the  resolves  of  the  current  year  for 
the  purpose  of  making  a  study  of  facilities  available  for 
meeting  the  problem  of  juvenile  delinquency,  shall  include 
in  its  investigation  and  study  the  subject  matter  of  current 
house  documents  numbered  866,  870,  1565  and  1760. 

Approved  May  4,  1954. 


Resolves,  1954.  —  Chaps.  57,  58,  59,  60.  775 


Resolve  providing  for  an  investigation  and  study  for  Chap,  57 
A  proposed  pier  extension  at  the  state  fish  pier  in 

THE    CITY   OF   GLOUCESTER. 

Resolved,  That  the  department  of  public  works  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
relative  to  a  proposed  pier  extension  at  the  state  fish  pier 
in  the  city  of  Gloucester.  For  said  purposes,  said  depart- 
ment may  expend  such  sums  as  may  be  appropriated  there- 
for. Said  department  shall  report  to  the  general  court  the 
results  of  its  investigation  and  study,  together  with  drafts 
of  legislation  necessary  to  carry  its  recommendations,  if 
any,  into  effect,  by  filing  the  same  with  the  clerk  of  the 
senate  on  or  before  the  last  Wednesday  of  December  in  the 
current  year.  Approved  May  6,  195 4. 

Resolve  relative  to  treating  the  bed  and  banks  of  Chap.  58 

THE    MERRIMACK    RIVER    FOR    RELIEF    OF    THE    MIDGE    NUI- 
SANCE. 

Resolved,  That  the  department  of  public  health  with  the 
advice  of  the  state  reclamation  board  is  hereby  authorized 
and  directed  to  treat  the  bed  and  banks  of  the  Merrimack 
river  within  the  limits  of  the  town  of  Merrimac  for  the  relief 
of  the  midge  nuisance.  For  any  work  under  this  resolve  the 
said  department  may  expend  for  expert  services,  equipment 
and  other  expenses,  including  chemicals  from  item  2015-25 
of  chapter  six  hundred  and  seventy-five  of  the  acts  of  nine- 
teen hundred  and  fifty-three  an  amount  not  to  exceed  two 
thousand  dollars.  Approved  May  6,  1954. 

Resolve  validating  certain  acts  of  john  litwack  of  Chap.  59 

NEWTON   as   a    notary    PUBLIC. 

Resolved,  That  the  acts  of  John  Litwack  of  Newton,  as  a 
notary  public  between  January  twenty-second  and  March 
fifteenth,  nineteen  hundred  and  fifty-four,  both  dates  in- 
clusive, are  hereby  confirmed  and  made  valid  to  the  same 
extent  as  if  during  said  time  he  had  been  qualified  to  dis- 
charge the  duties  of  said  office.      Approved  May  10,  1954- 

Resolve  validating  the  acts  of  esther  m.  Stevens  of  Chav    60 

CHELSEA   as   A    NOTARY   PUBLIC.  ^' 

Resolved,  That  the  acts  of  Esther  M.  Stevens  of  Chelsea 
as  a  notary  pubUc  between  June  twenty-ninth,  nineteen 
hundred  and  forty-one  and  April  twenty-first,  nineteen  hun- 
dred and  fifty-four,  both  dates  inclusive,  in  so  far  as  the 
same  may  have  been  invalid  by  reason  of  the  change  of  her 
name  from  Esther  Maltzman,  are  hereby  confirmed  and 
made  valid.  Approved  May  10,  1954- 


776  Resolves,  1954.  —  Chaps.  61,  62. 

Chap.  61  Resolve  providing  for  a  study  and  investigation  by 

THE  department  OF  COMMERCE  RELATIVE  TO  THE  ESTAB- 
LISHMENT OF  A  SYSTEM  OF  TOURIST  ROUTES. 

Resolved,  That  the  department  of  commerce  is  hereby 
authorized  and  directed  to  continue  the  study  and  investi- 
gation authorized  by  chapter  sixty-eight  of  the  resolves  of 
nineteen  hundred  and  fifty-three  concerning  a  system  of 
tourist  routes.  In  the  course  of  its  study,  said  department 
shall  investigate  the  advisability,  feasibility  and  probable 
cost  of  estabhshing  such  a  system  of  tourist  routes  through- 
out the  commonwealth,  and  shall  recognize  that  such  routes 
should,  in  so  far  as  practicable,  be  designated  in  a  manner 
that  will  make  use  of  secondary  or  little-used  ways;  connect 
to  existing  and  proposed  public  forests,  parks,  reservations 
and  beaches;  traverse  regions  of  historic,  scenic  and  geologic 
interest;  and  provide  small  roadside  picnic  areas,  turnouts, 
overlooks  and  vistas.  Consideration  shall  also  be  given 
the  availability  or  provision  of  overnight  and  eating  accom- 
modations and  such  other  facilities  as  will  afford  to  the 
greatest  number  of  people  the  fullest  enjoyment  of  the 
natural,  historical  and  recreational  resources  of  the  common- 
wealth. Said  department  shall  co-ordinate  and  integrate 
its  findings  with  its  current  master  plan  of  ocean  beaches 
and  with  such  other  related  plans  and  studies  of  said  depart- 
ment as  may  now  or  hereafter  be  conducted.  In  the  course 
of  its  study  the  department  may  call  upon  the  department 
of  public  works  and  the  department  of  natural  resources 
for  advice  and  assistance.  The  department  of  commerce 
may  expend  for  the  study  and  investigation  herein  authorized 
such  sums  as  may  be  appropriated  therefor.  The  depart- 
ment shall  report  the  results  of  its  investigations  and  its 
recommendations  thereto  by  fihng  the  same,  together  with 
draft  of  legislation  to  carry  its  recommendations  into  effect, 
with  the  clerk  of  the  house  of  representatives  on  or  before 
the  first  Wednesday  in  January  of  the  year  nineteen  hundred 
and  fifty-five.  Approved  May  11,  1954- 

Chap.  62  Resolve  further  reviving  and  continuing  the  special 

COMMISSION  established  TO  MAKE  AN  INVESTIGATION 
AND  study  relative  TO  CERTAIN  CHANGES  IN  THE  RE- 
TIREMENT  LAW. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  eighty  of  the  resolves  of  nineteen  hundred  and 
fifty-three,  and  revived  and  continued  by  chapter  twenty- 
three  of  the  resolves  of  nineteen  hundred  and  fifty-four,  is 
hereby  further  revived  and  continued  for  the  purpose  of 
continuing  its  survey  and  study  of  the  laws  of  the  common- 
wealth relating  to  retirement  systems  and  pensions  with  a 
view  to  the  revision,  codification  and  simpUfication  of  chap- 
ter thirty-two  of  the  General  Laws.  Said  commission 
shall,  in  the  course  of  its  study,  consider  so  much  of  current 


Resolves,  1954.  —  Chaps.  63,  64.  777 

house  document  numbered  2479  as  relates  to  the  continuance 
in  employment  of  certain  state  employees.  In  the  course 
of  its  investigation,  the  commission  shall  investigate  and 
study  all  non-contributory  as  well  as  contributory  retire- 
ment and  pension  plans  and  systems.  Said  commission 
shall  be  provided  with  quarters  in  the  state  house  or  else- 
where, may  hold  hearings,  may  require  by  summons  the 
attendance  and  testimony  by  witnesses  and  the  production 
of  books  and  papers,  may  call  on  state  officials  and  depart- 
ment heads  for  advice  and  assistance,  may  travel  within  the 
commonwealth,  and  may  expend  for  experts,  clerical  and 
other  services  and  expenses  the  balance  available  in  item 
0267-00  of  section  2  of  chapter  675  of  the  acts  of  1953  and 
such  other  sums  as  may  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of  its 
investigation  and  study,  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  its 
recommendations  into  effect  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  not  later  than  May 
twenty-first  in  the  current  year.     Approved  May  11,  1954- 

Resolve    authorizing   and    directing   the    commission  Chap.  63 
ON  administration  and  finance  to  make  an  inves- 
tigation   AND    STUDY    RELATIVE    TO    THE    HEALTH    AND 
SAFETY    OF    STATE,    COUNTY    AND    MUNICIPAL    EMPLOYEES. 

Resolved,  That  the  commission  on  administration  and 
finance  is  hereby  authorized  and  directed  to  make  an  inves- 
tigation and  study  of  the  subject  matter  of  current  senate 
document  numbered  522,  relative  to  an  in-service  training 
program  for  employees  of  the  commonwealth,  of  current 
house  document  numbered  1327,  relative  to  providing  for 
standard  administration  of  emergency  first-aid  medical 
services  to  state  employees  during  their  hours  of  employ- 
ment, of  current  house  document  numbered  1732,  relative 
to  the  health  and  safety  of  employees,  and  of  current  house 
document  numbered  2241,  relative  to  providing  medical 
attention  for  all  employees  at  the  Walter  E.  Fernald  State 
School.  Said  commission  shall  report  to  the  general  court 
the  results  of  its  investigation  and  study,  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  such  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  current  year. 

Approved  May  13,  1954. 

Resolve  further  reviving  and  continuing  the  special  Qfiav,  64 

COMMISSION     established     TO     MAKE     AN     INVESTIGATION 
AND  STUDY  RELATIVE  TO  THE  STATE  TEACHERS'  COLLEGES. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  forty-seven  of  the  resolves  of  nineteen  hundred 
and  fifty-three  to  make  an  investigation  and  study  relative 


778  Resolves,  1954.  —  Chaps.  65,  66. 

to  the  state  teachers'  colleges,  including  the  Massachusetts 
School  of  Art,  whose  scope  was  increased  by  chapter  eighty- 
two  of  the  resolves  of  nineteen  hundred  and  fifty-three,  and 
which  was  revived  and  continued  by  chapter  nineteen  of  the 
resolves  of  the  current  year,  is  hereby  further  revived  and 
continued  for  the  purpose  of  continuing  its  investigation  and 
study.  Said  commission  shall  be  provided  with  quarters 
in  the  state  house  or  elsewhere,  may  hold  public  hearings, 
may  travel  within  and  without  the  commonwealth,  and 
may  expend  for  professional,  clerical  and  other  services  and 
expenses  the  balance  available  in  item  0241-00  of  section 
two  of  chapter  six  hundred  and  seventy-five  of  the  acts  of 
nineteen  hundred  and  fifty-three  and  such  other  sums  as 
may  be  appropriated  therefor.  Said  commission  shall,  from 
time  to  time,  report  to  the  general  court  the  results  of  its 
investigation  and  study,  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives,  the  final  report  to  be 
filed  not  later  than  the  fifteenth  day  of  January,  nineteen 
hundred  and  fifty-five.  Approved  May  13,  1954- 

Chap.  65  Resolve  increasing  the  scope  of  the  study  by  the 

DEPARTMENT  OF  PUBLIC  WORKS,  THE  DEPARTMENT  OF 
PUBLIC  HEALTH  AND  THE  DEPARTMENT  OF  NATURAL  RE- 
SOURCES RELATIVE  TO  THE  ELIMINATION  OR  CONTROL  OF 
SUBMERGED  WEEDS  IN  CERTAIN  GREAT  PONDS. 

Resolved,  That  the  department  of  pubhc  works,  the  de- 
partment of  public  health  and  the  department  of  natural 
resources,  acting  as  a  joint  board,  for  the  purpose  of  making 
an  investigation  and  survey  relative  to  the  elimination  and 
control  of  submerged  weeds  in  certain  great  ponds  and 
tidal  estuaries  of  the  commonwealth,  as  provided  by  chapter 
sixty-seven  of  the  resolves  of  nineteen  hundred  and  fifty- 
three,  shall,  in  making  said  study,  consider  the  subject 
matter  of  current  house  document  numbered  2411,  the 
report  of  the  department  of  public  health  and  the  depart- 
ment of  pubHc  works  relative  to  the  improvement  of  condi- 
tions at  Furnace  Pond  in  the  town  of  Pembroke. 

Approved  May  17,  1954. 

Chap.  66  Resolve  providing  for  an  investigation  relative  to 

THE  elimination  AND  PREVENTION  OF  POLLUTION  IN  THE 
LE^S  RIVER  IN  THE  TOWNS  OF  SWANSEA  AND  SOMERSET. 

Resolved,  That  the  department  of  public  health  and  the 
department  of  public  works,  acting  as  a  joint  board,  are 
hereby  authorized  and  directed  to  make  an  investigation 
relative  to  the  condition  of  the  Lees  river  in  the  towns  of 
Swansea  and  Somerset,  with  a  view  to  eUminating  and 
preventing  pollution  in  said  river  and  in  connection  there- 
with said  joint  board  may  expend  for  engineering,  technical 


Resolves,  1954.  —  Chap.  67.  779 

and  clerical  assistance  and  expenses  such  sums  as  may  be 
appropriated  therefor.  Said  joint  board  shall  report  to  the 
general  court  the  results  of  its  investigation,  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  such  recommendations  into  effect,  by  fiUng 
the  same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  current  year. 

Approved  May  17,  1954- 


Resolve  providing  for  an  investigation  and  study  by  CJiav,  67 

THE  department  OF  PUBLIC  HEALTH  RELATIVE  TO  THE 
PRESERVATION  OF  THE  PURITY  OF  CERTAIN  WATER  SUP- 
PLIES. 

Resolved,  That  the  department  of  public  health  is  hereby 
authorized  and  directed  to  make  a  study  of  the  laws  of  the 
commonwealth  relative  to  protecting  the  purity  of  the 
water  supply  for  drinking  purposes,  and  the  regulations  of 
the  department,  with  a  view  to  revising  the  same,  with 
particular  reference  to  determining  what  legislative  action, 
and  what  remedial  measures  or  methods,  consistent  with 
preserving  the  purity  of  said  water  supply,  should  be  taken 
to  provide  that  certain  ponds  or  lakes,  the  waters  of  which 
are  used  for  municipal  drinking  purposes,  may  be  used  for 
swimming,  bathing,  boating,  fishing  and  other  recreational 
purposes  by  the  pubUc;  to  eliminate  the  practice  of  taking 
land  along  the  shore  of  ponds  or  lakes,  or  in  the  watersheds 
thereof,  the  waters  of  which  are  used  for  municipal  drinking 
purposes,  and  to  enable  the  return  of  land  purchased  or 
taken  for  the  purpose  of  preserving  the  purity  of  waters  in 
a  watershed  to  the  former  owners  of  said  land  or  to  the 
municipahty  in  which  said  land  is  located;  and  to  enable 
owners  of  cranberry  bogs  to  enjoy  the  full  and  complete  use 
for  all  purposes  of  the  waters  now  used  or  available  for  use 
in  protecting  said  bogs  and  in  promoting  the  cultivation  of 
cranberries  therein,  and  to  use  established  or  new  methods 
in  combating  insect  pests  and  plant  diseases  in  said  bogs, 
whether  by  use  of  chemicals,  sprays  or  other  similar  sub- 
stances, or  otherwise.  Said  department  may  expend  for  the 
purposes  of  this  resolve  such  sums  as  may  be  appropriated 
therefor.  Said  department  shall  report  to  the  general 
court  the  results  of  its  investigation  and  study,  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  such  recommendations  into  effect,  by 
fifing  the  same  with  the  clerk  of  the  senate  on  or  before  the 
first  Wednesday  of  December  in  the  year  nineteen  hundred 
and  fifty-six.  Approved  May  18,  1954- 


780  Resolves,  1954.  —  Chaps.  68,  69,  70. 

Chap.  68  Resolve  providing  for  an  investigation  and  study  by 

THE  department  OF  PUBLIC  UTILITIES  RELATIVE  TO 
telephone  and  telegraph  SERVICE  IN  THE  TOWN  OF 
MOUNT  WASHINGTON. 

Resolved,  That  the  department  of  public  utilities  is  hereby 
authorized  and  directed  to  investigate  and  study  all  phases 
of  a  program  designed  to  continue  telephone  and  telegraph 
service  within  the  geographical  Umits  of  the  town  of  Mount 
Washington.  In  making  its  investigation  and  study  here- 
under, the  department  may  expend  for  such  expert,  clerical 
and  other  services  and  expenses  such  sums  as  may  be  ap- 
propriated therefor.  Said  department  shall  report  to  the 
general  court  the  results  of  its  investigation  and  study,  and 
its  recommendations,  if  any,  together  with  drafts  of  legisla- 
tion necessary  to  carry  such  recommendations  into  effect 
by  fiUng  the  same  with  the  clerk  of  the  house  of  representa- 
tives not  later  than  June  first,  nineteen  hundred  and  fifty- 
four.  Approved  May  18,  1954- 

Chap.  69      Resolve  in  favor  of  mart  f.  mchugh  of  Lincoln. 

Resolved,  That  the  state  airport  management  board  is 
hereby  authorized  to  pay  to  Mary  F.  McHugh,  of  Lincoln, 
the  sum  of  fifteen  hundred  dollars  in  full  compensation  for 
land  owned  by  her  which  was  taken  by  eminent  domain  by 
said  board  in  connection  with  the  relocating  of  Old  Bedford 
road,  so  called.  The  balance  remaining  in  item  0463-25  of 
section  two  of  chapter  three  hundred  and  eight  of  the  acts 
of  nineteen  hundred  and  forty-nine  is  hereby  made  available 
for  the  purposes  of  this  resolve.  No  payment  shall  be  made 
hereunder  until  there  is  filed  with  the  comptroller  an  agree- 
ment signed  by  said  Mary  F.  McHugh  that  the  anaount,  if 
any,  paid  or  to  be  paid  for  legal  services  in  connection  with 
the  passage  of  this  resolve  shall  not  exceed  ten  per  cent  of 
said  sum.  Approved  May  18,  1954. 

Chap.  70  Resolve  in   favor   of  adam   and   katie   murenko    of 

WESTFIELD. 

Resolved,  That  notwithstanding  the  provisions  of  any 
law  to  the  contrary  and  subject  to  an  appropriation,  the 
department  of  pubhc  works  is  hereby  authorized  to  pay  to 
Adam  and  Katie  Murenko  of  Westfield  the  sum  of  three 
hundred  and  fifty  dollars  in  full  compensation  for  a  certain 
parcel  of  land  owned  by  said  Adam  and  Katie  Murenko 
which  was  taken  by  eminent  domain  by  said  department  in 
connection  with  the  construction  of  a  dike  in  the  city  of 
Westfield.  No  payment  shall  be  made  hereunder  until 
there  is  filed  with  the  comptroller  an  agreement  signed  by 
said  Adam  and  Katie  Murenko  that  the  amount,  if  any, 
paid  or  to  be  paid  for  legal  services  rendered  in  connection 
with  the  passage  of  this  resolve  shall  not  exceed  ten  per 


Resolves,  1954.  —  Chap.  71.  781 

cent  of  said  sum.  The  commissioner  of  corporations  and 
taxation  is  hereby  authorized  and  directed  in  making  dis- 
tributions from  the  proceeds  of  the  income  tax  under  section 
eighteen  of  chapter  fifty-eight  of  the  General  Laws,  to  retain 
from  the  distributive  share  due  to  the  city  of  Westfield  in 
the  current  year  the  sum  of  three  hundred  and  fifty  dollars 
to  reimburse  the  commonwealth  for  the  expenditure  made 
by  the  department  of  pubHc  works  pursuant  to  this  resolve. 

Approved  May  19,  1954. 

Resolve   reviving   and   continuing   the   special   com-  Chav.  71 

MISSION  established  TO  INVESTIGATE  AND  STUDY  THE 
FEASIBILITY  OP  ESTABLISHING  A  SOUTHEASTERN  MASSA- 
CHUSETTS  WATER   DISTRICT. 

Resolved,  That  the  unpaid  special  commission,  estab- 
Ushed  by  chapter  fifty-four  of  the  resolves  of  nineteen 
hundred  and  fifty-one  and  continued  by  chapter  eighty-one 
of  the  resolves  of  nineteen  hundred  and  fifty-two,  to  in- 
vestigate and  study  the  advisability  and  feasibility  of  es- 
tabhshing  a  southeastern  Massachusetts  water  district,  is 
hereby  revived  and  continued  for  the  purpose  of  further 
considering  that  subject,  as  well  as  any  legislation  or  in- 
formation in  connection  thereto  which  may  be  presented 
by  any  of  the  municipahties  in  the  counties  of  Bristol  and 
Plymouth,  as  to  their  individual  water  problems;  as  well 
as  all  questions  relating  to  the  quantities  of  water  to  be  ob- 
tained from  available  sources,  its  quaUty,  the  best  methods 
of  protecting  the  purity  of  the  water,  the  construction, 
operation  and  maintenance  of  works  for  storing,  conve3dng 
and  purifying  the  water,  the  cost  of  the  same,  and  damages 
to  property,  and  all  other  matters  pertaining  to  the  subject. 

The  commission  shall  have  power  to  employ  such  engineers 
and  other  assistants,  including  the  procurement  of  the 
services  of  such  consulting  engineers,  chemists  or  attorneys 
as  may  be  necessary,  and  to  incur  such  expenses  as  may  be 
necessary  for  carrying  out  the  provisions  of  this  resolve. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  and  shall  have 
the  power  to  summon  witnesses  and  to  require  the  production 
of  books,  records  and  papers  and  the  giving  of  testimony 
under  oath. 

The  commission  may  expend  for  the  purposes  of  this 
resolve  the  balance  available  in  item  0210-00  of  section  2 
of  chapter  632  of  the  acts  of  1952,  and  such  other  sums  as 
may  be  appropriated  therefor. 

Said  commission  shall  report  fully  with  plans  and  esti- 
mates to  the  general  court  by  fiUng  the  same  with  the  clerk 
of  the  senate  on  or  before  the  first  Wednesday  in  January, 
nineteen  hundred  and  fifty-six,  including  in  its  report  drafts 
of  any  legislation  recommended  by  it. 

Approved  May  19,  1964. 


782  Resolves,  1954.  —  Chaps.  72,  73,  74. 

Chap.  72  Resolve  providing  for  an  investigation  and  study  by 

THE  department  OF  PUBLIC  UTILITIES  RELATIVE  TO  RE- 
QUIRING THE  BOSTON  AND  MAINE  RAILROAD  TO  INSTALL, 
MAINTAIN  AND  OPERATE  MANUAL  OPERATED  GATES  AT  THE 
HAVERHILL  STREET  GRADE  CROSSING  IN  THE  CITY  OF 
LAWRENCE. 

Resolved,  That  the  department  of  pubUc  utiUties  is  hereby 
authorized  to  make  an  investigation  and  study  of  the  subject 
matter  of  current  house  document  numbered  567,  relative  to 
requiring  the  Boston  and  Maine  Railroad  to  install,  main- 
tain and  operate  manual  operated  gates  at  the  Haverhill 
street  grade  crossing  in  the  city  of  Lawrence.  Said  depart- 
ment shall  report  to  the  general  court  the  results  of  its  in- 
vestigation and  study  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  not  later  than  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  May  19,  1954. 

Chap.  73  Resolve  providing  for  an  investigation  by  the  judicial 

COUNCIL  RELATIVE  TO  EXTENDING  LIMITED  EQUITY  JURIS- 
DICTION  TO    DISTRICT   COURTS. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  senate  document 
numbered  43,  relative  to  extending  limited  equity  jurisdiction 
to  district  courts,  and  to  include  its  conclusions  and  its 
recommendations,  if  any,  in  relation  thereto,  together  with 
drafts  of  such  legislation  as  may  be  necessary  to  give  effect 
to  the  same,  in  its  annual  report  for  the  year  nineteen  hundred 
and  fifty-four.  Approved  May  19,  195 4. 

Chap.  74  Resolve  providing  that  the  state  department  of  public 

WORKS  AND  THE  STATE  RECLAMATION  BOARD  CONDUCT  A 
STUDY  AND  INVESTIGATION  OF  THE  FEASIBILITY  OF  DRAIN- 
ING CERTAIN  SWAMP  LANDS  IN  THE  TOWN  OF  TEWKSBURY. 

Resolved,  That  the  department  of  pubUc  works  acting 
through  its  division  of  waterways  and  the  state  reclamation 
board,  acting  as  a  joint  board,  are  hereby  authorized  and 
directed  to  make  an  investigation  and  study  of  the  feasibility 
of  reclaiming  certain  low  lands  in  the  town  of  Tewksbury. 
The  said  joint  board  shall  make  a  survey  and  study  of 
conditions  in  the  vicinity  of  the  Shawsheen  river,  Lubber 
brook,  Trull  brook,  Strongwater  brook.  Meadow  brook. 
Heath  brook  and  Content  brook  with  a  view  to  determining 
methods  of  reclaiming  land  in  that  area  and  the  costs  thereof. 
Said  joint  board  may  expend  for  the  purpose  of  this  resolve 
such  amount  as  may  be  appropriated  therefor.  Said  joint 
board  shall  report  to  the  general  court  the  results  of  its  in- 
vestigation and  study  and  its  recommendations,  if  any, 


Resolves,  1954.  —  Chaps.  75,  76,  77.  783 

as  to  the  methods  of  reclaiming  said  land,  with  estimates  of 
costs  and  drafts  of  legislation  necessary  to  carry  its  recom- 
mendations into  effect  by  filing  the  same  with  the  clerk  of 
the  house  of  representatives  not  later  than  the  first  Wednes- 
day in  December  in  the  current  year. 

Approved  May  20,  1954. 

Resolve  reviving  and  continuing  the  special  commission  (JJidj)    75 

ESTABLISHED  TO  MAKE  AN  INVESTIGATION  AND  STUDY  RELA- 
TIVE  TO  RENTS  TO  BE  PAID  BY  CERTAIN  VETERANS  IN  STATE 
HOUSING  UNITS. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  eighty-four  of  the  resolves  of  nineteen  hundred 
and  fifty-three  is  hereby  revived  and  continued  for  the 
purpose  of  making  an  investigation  and  study  relative  to 
rents  to  be  paid  by  certain  veterans  in  state  housing  units. 
Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  expend  for  clerical  and  other 
assistance  the  balance  available  in  item  0297-00  of  sec- 
tion 2  of  chapter  675  of  the  acts  of  1953,  and  shall  report  to 
the  general  court  the  results  of  its  investigation  and  study, 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  the  same  with  the  c^erk  of  the  house  of 
representatives  on  or  before  June  first  in  the  current  year. 

Approved  May  20,  1954. 

Resolve  validating  the  acts  of  helene  s.  vallett  of  (Jfidy    7Q 

NEW  BEDFORD  AS  A  NOTARY  PUBLIC.  ^' 

Resolved,  That  the  acts  of  Helene  S.  Vallett  of  New  Bed- 
ford as  a  notary  public  between  November  ninth,  nineteen 
hundred  and  fifty  and  April  thirtieth,  nineteen  hundred  and 
fifty-four,  both  dates  inclusive,  are  hereby  confirmed  and 
made  valid,  in  so  far  as  the  same  were  invalid  by  reason  of 
the  fact  that,  notwithstanding  the  change  of  her  name  by 
marriage  from  Helene  A.  Sulfivan,  she  failed  to  re-register 
under  her  new  name  and  pay  to  the  state  secretary  a  fee  of 
one  dollar  as  required  by  section  thirteen  of  chapter  thirty 
of  the  General  Laws.  Approved  May  21,  1954- 

Resolve  to  further  continue  the  study  by  the  de-  Qhav.  77 

PARTMENT  OF  MENTAL  HEALTH  RELATIVE  TO  THE  ADVISA- 
BILITY OF  MAKING  PSYCHIATRIC  SERVICE  AVAILABLE  TO 
THE  DISTRICT  COURTS. 

Resolved,  That  the  department  of  mental  health,  author* 
ized  and  directed  under  chapter  fifty-five  of  the  resolves  of 
nineteen  hundred  and  fifty-three  to  continue  a  study  and 
investigation  relative  to  the  advisability  of  providing  psy- 
chiatric services  and  facilities  for  the  district  courts  of  this 
commonwealth,   shall  further  continue  its  study  and   in- 


784  Resolves,  1954.  —  Chaps.  78,  79. 

vestigation  until  the  first  Wednesday  of  December,  nineteen 
hundred  and  fifty-four,  at  or  before  which  time  said  depart- 
ment shall  report  to  the  general  court  by  filing  a  report 
with  the  clerk  of  the  house  of  representatives,  the  results  of 
its  study  and  investigation,  so  continued,  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  its  recommendations  into  effect. 

Approved  May  21,  1954- 

Chap.  78  Resolve  providing  for  construction  by  the  metro- 
politan DISTRICT  COMMISSION,  AT  THE  LYNN  AND  NAHANT 
line,  of  a  memorial  for  THE  GENERAL  JOSEPH  P.  SANGER 
CAMP   NO.    15   SPANISH    WAR   VETERANS. 

Resolved,  That,  for  the  purpose  of  commemorating  the 
General  Joseph  P.  Sanger  Camp  No.  15  United  Spanish 
War  Veterans  of  Lynn,  the  metropolitan  district  commission 
is  hereby  authorized  and  directed  to  set  aside  a  proper  and 
suitable  space  at  the  rotary  circle  at  the  foot  of  Washington 
street  at  the  Lynn  and  Nahant  line,  on  the  newly  constructed 
boulevard,  and  to  construct  thereat  a  concrete  base  and 
obtain  and  set  up  thereon  a  field  piece,  suitable  for  the  fore- 
going purposes,  and  to  obtain  and  place  a  suitably  worded 
plaque  and  provide  permanent  care  therefor. 

Approved  May  S4,  1954. 

Chap.  79  Resolve  providing  for  an  investigation  and  study  by 

A  SPECIAL  COMMISSION  RELATIVE  TO  PROPERTIES  ABUTTING 
ON  BOULEVARDS  UNDER  THE  CONTROL  OF  THE  METRO- 
POLITAN  DISTRICT   COMMISSION. 

Resolved,  That  an  unpaid  special  commission  to  consist 
of  the  commissioner  of  the  metropolitan  district  commission 
or  his  representative,  the  commissioner  of  public  works  or 
his  representative,  and  the  director  of  the  division  of  planning 
of  the  department  of  commerce  is  hereby  authorized  and 
directed  to  make  an  investigation  and  study  of  current 
house  document  numbered  2409,  authorizing  the  metro- 
poUtan  district  commission  to  deny  access  to  and  from 
properties  abutting  on  boulevards  under  its  control.  Said 
commission  shall  report  to  the  general  court  the  results  of 
its  investigation  and  study,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  not  later  than  the 
first  Wednesday  of  December  in  the  current  year. 

Approved  May  24,  1954' 


Resolves,  1954.  —  Chap.  80.  785 


Resolve  reviving  and  further  continuing  the  special  Q}Kir).  80 

COMMISSION  established  TO  INVESTIGATE  THE  EXISTENCE 
AND  EXTENT  OF  ORGANIZED  CRIME  AND  GAMBLING,  AND 
OTHER    RELATED    MATTERS,    WITHIN    THE    COMMONWEALTH. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  one  hundred  of  the  resolves  of  nineteen  hundred 
and  fifty-three,  is  hereby  revived  and  continued  for  the  pur- 
pose of  continuing  its  investigation  of  the  existence  and  ex- 
tent of  organized  crime  and  gambhng,  and  other  related 
matters,  within  the  commonwealth. 

Said  commission  may  request  the  commissioner  of  public 
safety  to  assist  it  in  its  investigation,  and  he  shall  furnish 
such  information  in  his  possession  as  requested,  and  assign 
such  assistants  and  investigators  as  may  be  requested,  and 
said  commission  may  require  co-operation  from  all  agencies 
of  state  and  local  governments.  Said  commission  may  em- 
ploy such  legal,  expert,  clerical  and  other  assistants  as  it 
deems  necessary. 

Said  commission  may  require  by  summons  the  attendance 
and  testimony  of  witnesses  and  the  production  of  books  and 
papers  before  it  relating  to  any  matter  investigated  by  it  in 
pursuance  of  this  resolve.  Such  a  summons  may  be  issued 
by  the  commission  upon  a  vote  of  said  commission  and  shall 
be  served  in  the  same  manner  as  summonses  for  witnesses  in 
criminal  cases  issued  in  behalf  of  the  commonwealth,  and  all 
provisions  of  law  relative  to  summonses  issued  in  such  cases 
shall  apply  to  summonses  issued  under  authority  of  this  re- 
solve, so  far  as  they  are  applicable.  Such  witnesses  shall, 
before  testifying,  be  sworn.  Any  justice  of  the  supreme 
judicial  or  of  the  superior  court  may,  upon  apphcation  of  the 
commission,  compel  the  attendance  of  witnesses  summoned 
as  aforesaid  and  the  giving  of  testimony  before  said  commis- 
sion in  furtherance  of  any  investigation  under  this  resolve, 
in  the  same  manner  and  to  the  same  extent  as  before  said 
courts.  No  person  shall  be  excused  from  attending  and 
testifying  in  the  course  of  such  investigation,  or  from  pro- 
ducing any  books,  papers  or  documents,  on  the  ground  that 
his  testimony  or  evidence,  documentary  or  otherwise,  may 
tend  to  criminate  him  or  subject  him  to  a  penalty  or  for- 
feiture; but  he  shall  not  be  prosecuted  or  subjected  to  pen- 
alty or  forfeiture  for  or  on  account  of  any  action,  matter  or 
thing  concerning  which  he  may  be  required  to  testify  or 
produce  evidence,  documentary  or  otherwise,  in  the  course  of 
such  investigation,  except  for  perjury  committed  in  such 
testimony. 

The  taking  of  motion  pictures  or  broadcasting  by  radio  or 
television  of  any  proceeding  in  connection  with  any  meet- 
ing or  hearing  of  said  commission  is  hereby  prohibited. 

For  the  purposes  of  such  investigation  said  commission  may 
expend  the  unexpended  balance  of  the  amount  appropriated 
in  chapter  one  hundred  of  the  resolves  of  nineteen  hundred 


786  Resolves,  1954.  —  Chaps.  81,  82. 

and  fifty-three,  and  such  additional  sums  as  may  be  hereafter 
appropriated. 

Said  commission  is  hereby  further  directed  to  report  to 
the  general  court  the  results  of  its  investigations  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  such  recommendations  into  effect,  by 
filing  the  same  with  the  clerk  of  the  senate  from  time  to  time 
but  not  later  than  the  last  Wednesday  in  January,  nineteen 
hundred  and  fifty-five.  Approved  May  26,  1954- 

Chap.  81  Resolve  reviving  and  continuing  the  unpaid  special 

COMMISSION  ESTABLISHED  TO  MAKE  AN  INVESTIGATION 
AND  STUDY  INTO  THE  CONDITIONS  AT  PENAL  INSTITUTIONS 
WITHIN   THE   COMMONWEALTH. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  fifty-four  of  the  resolves  of  nineteen  hundred 
and  fifty-three  is  hereby  revived  and  continued  for  the  pur- 
pose of  making  an  investigation  and  study  of  conditions 
at  penal  institutions  within  the  commonwealth,  and  such 
related  matters  as  may  be  necessary,  with  a  view  to  making 
such  changes  in  the  laws  and  regulations  as  will  be  in  the 
best  interests  of  the  public.  Said  commission  shall  be  pro- 
vided with  quarters  in  the  state  house  or  elsewhere,  may 
hold  public  hearings  and  may  call  upon  officials  of  the  com- 
monwealth or  other  subdivisions  thereof  for  such  information 
as  it  may  require  in  the  course  of  its  investigation  and  study. 
Said  commission  may  expend  for  clerical  and  other  services 
and  expenses  such  sums  as  may  be  appropriated  therefor, 
and  shall  report  to  the  general  court  the  results  of  its  in- 
vestigation and  study,  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  said 
recommendations  into  effect,  by  fifing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  twenty- 
sixth  of  May  in  the  current  year.     Approved  May  26, 1954. 

Chap.  82  Resolve  authorizing  a  joint  board  to  study  the  feasi- 
bility OF  DRAINING  CERTAIN  LANDS  NEAR  THE  CHARLES 
RIVER,  THE  NEPONSET  RIVER  AND  MILL  CREEK  AND  DEVEL- 
OPING  THE   SAME. 

Resolved,  That  the  metropoKtan  district  commission,  the 
department  of  public  works,  the  department  of  public  health 
and  the  department  of  commerce,  acting  as  a  joint  board, 
are  hereby  authorized  and  directed  to  study  the  feasibifity 
of  draining  the  lands  adjacent  to  the  Charles  river  in  the 
areas  of  Newton,  Needham,  West  Roxbury,  Brookfine, 
Dedham  and  Dover  by  water  controls  in  said  river  or  other- 
wise, and  the  lands  adjacent  to  the  Neponset  river  in  the 
areas  of  Hyde  Park,  Readville,  Dedham,  Canton,  Westwood, 
Norwood,  Dorchester,  Neponset,  Milton  and  Sharon  by 
means  of  water  controls  in  said  river  or  otherwise;  and  Mill 
Creek  in  the  cities  of  Chelsea  and  Revere  and  the  feasibility 


Resolves,  1954.  —  Chaps.  83,  84.  787 

of  draining  the  land  situated  between  the  Boston  College 
high  school  and  the  Savin  Hill  Yacht  Club,  in  the  Dorchester 
district  of  the  city  of  Boston  and  the  Mystic  River  lowlands 
in  Somerville  and  Medford,  and  the  advisability,  in  view 
of  existing  uses  of  land  bordering  and  neighboring  such 
areas,  of  developing  them  for  highway,  health,  recreation, 
school,  park,  business,  industry,  wildlife  reservation  or  other 
pubhc  or  private  purposes.  Said  joint  board  shall  report 
to  the  general  court  the  results  of  its  study,  and  its  recom- 
mendations as  to  the  most  appropriate  uses  of  said  lands, 
if  any,  with  plans  and  estimates  of  the  cost  of  any  works  or 
improvements,  together  with  drafts  of  legislation  necessary 
to  carry  such  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before 
the  first  Wednesday  of  December  in  the  current  year.  Said 
joint  board  may  expend  for  the  purposes  of  this  resolve  such 
sums  as  may  be  appropriated  therefor. 

Approved  May  27,  1954. 

Resolve  providing  for  a  proper  representation  of  the  Chap.  83 

COMMONWEALTH  AT  THE  STATE  CONVENTION  OF  THE 
AMERICAN  VETERANS  OF  WORLD  WAR  II,  AMVETS  TO  BE 
HELD  IN  THE  CITY  OF  FALL  RIVER  IN  THE  CURRENT  YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  state  convention 
of  the  American  Veterans  of  World  War  II,  AMVETS  to  be 
held  in  the  city  of  Fall  River  in  the  current  year,  and  to 
ensure,  in  arranging  entertainment  and  other  events  in 
connection  therewith,  proper  co-operation  between  the 
Massachusetts  Department  of  the  American  Veterans  of 
World  War  II,  AMVETS  and  the  commonwealth,  after  an 
appropriation  has  been  made  therefor,  there  may  be  ex- 
pended, with  the  approval  and  under  the  direction  of  the 
governor  and  council,  a  sum  not  exceeding  one  thousand 
dollars.  Approved  May  27,  195 4. 

Resolve  reviving  and  further  continuing  the  special  Chap.  84 

COMMISSION  established  TO  MAKE  AN  INVESTIGATION 
AND  STUDY  RELATIVE  TO  THE  PREVENTION  OF  CHILD 
DELINQUENCY,  THE  REHABILITATION  OF  DELINQUENT 
CHILDREN  AND  AS  TO  THE  ADVISABILITY  OF  ESTABLISHING 
INSTITUTIONS   FOR  THE  TREATMENT  OF  SUCH  CHILDREN. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  seventy-one  of  the  resolves  of  nineteen  hundred 
and  forty-seven  and  most  recently  revived  and  continued 
by  chapter  forty-eight  of  the  resolves  of  nineteen  hundred 
and  fifty-four,  is  hereby  revived  and  continued  for  the  pur- 
pose of  continuing  its  investigation  and  study  relative  to  the 
prevention  of  child  dehnquency,  the  rehabihtation  of  de- 
linquent children,  and  as  to  the  advisabiUty  of  establishing 
institutions  for  the  treatment  of  such  children.    The  com- 


788  Resolves,  1954.  —  Chap.  85. 

mission  shall  be  provided  with  quarters  in  the  state  house 
or  elsewhere,  may  hold  hearings,  may  require  by  summons 
the  attendance  and  testimony  of  witnesses  and  the  production 
of  books  and  papers,  and  may  expend  the  balance  available 
in  item  0246-00  of  section  two  of  chapter  six  hundred  and 
seventy-five  of  the  acts  of  nineteen  hundred  and  fifty-three 
and  such  other  sums  as  may  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of 
its  investigation  and  study  hereunder,  and  its  recommen- 
dations, together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  one  or  more 
reports  with  the  clerk  of  the  house  of  representatives  at  such 
time  or  times  as  the  commission  may  elect;  provided,  that 
the  commission  shall  so  file  its  final  report  on  or  before  the 
last  Wednesday  of  December  in  the  current  year. 

Approved  May  27,  1954. 

Chap.  85  Resolve  providing  for  an  investigation  and  study  by 

THE  special  unpaid  COMMISSION  ESTABLISHED  WITHIN 
THE  COMMISSION  ON  ADMINISTRATION  AND  FINANCE  RELA- 
TIVE TO  GROUP  INSURANCE  FOR  STATE  EMPLOYEES  AND 
OTHER   MATTERS    PERTAINING   THERETO. 

Resolved,  That  the  special  unpaid  commission  estabhshed 
within  the  commission  on  administration  and  finance  by 
section  twenty-seven  A  of  chapter  one  hundred  and  seventy- 
six  A  of  the  General  Laws,  inserted  by  chapter  five  hundred 
and  sixteen  of  the  acts  of  nineteen  hundred  and  fifty-one, 
to  provide  a  system  of  prepaid  general  or  blanket  accident, 
hospitahzation,  medical  and  surgical  insurance  for  the  pro- 
tection of  the  officers  and  employees  of  the  commonwealth 
and  their  dependents,  is  hereby  authorized  to  make  an  in- 
vestigation and  study  relative  to  the  merits  of  partial  finan- 
cial participation  by  the  commonwealth  in  group  hospital, 
medical,  surgical,  accident  and  life  insurance  on  behalf  of 
its  employees,  and  the  members  and  employees  of  the  gen- 
eral court.  Said  commission  shall,  in  the  course  of  its  in- 
vestigation and  study,  consider  the  subject  matter  of  cur- 
rent senate  document  numbered  291  and  current  house 
documents  numbered  1211  and  1212.  Said  commission  may 
hold  hearings,  and  may  expend  for  clerical  and  other  services 
and  expenses  such  sums  as  may  be  appropriated  therefor. 
Said  commission  shall  report  to  the  general  court  the  re- 
sults of  its  investigation  and  study  and  its  recommendations, 
if  any,  together  with  drafts  of  legislation  necessary  to  carry 
its  recommendations  into  effect  by  filing  the  same  with  the 
clerk  of  the  senate  not  later  than  the  last  Wednesday  of 
December  in  the  current  year.       Approved  May  28,  1954. 


Resolves,  1954.  —  Chaps.  86,  87,  88.  789 


Resolve  providing  for  an  investigation  and  study  by  Chap.  86 

THE  YOUTH  SERVICE  BOARD  OF  THE  LAWS  OF  THE  COMMON- 
WEALTH RELATING  TO  THE  CUSTODY  OF  WAYWARD  AND 
DELINQUENT  CHILDREN  AND  JUVENILE  OFFENDERS  WHILE 
AWAITING  ARRAIGNMENT  OR  DISPOSITION  OF  THEIR  CASES. 

Resolved,  That  the  youth  service  board  is  hereby  author- 
ized to  make  an  investigation  and  study  of  the  laws  of  the 
commonwealth  relative  to  the  custody  of  wayward  and 
deUnquent  children  and  juvenile  offenders  while  awaiting 
arraignment  or  disposition  of  their  cases.  Said  board  shall 
report  to  the  general  court  the  results  of  its  investigation 
and  study  and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  such  recommenda- 
tions into  effect,  by  fihng  the  same  with  the  clerk  of  the 
senate  not  later  than  the  first  Wednesday  of  December  in 
the  current  year.  Approved  May  28,  195 If.. 

Resolve  designating  the  park  area  in  the  breakheart  Qfidp^  g7 

RESERVATION  IN  THE  TOWN  OF  SAUGUS  AS  THE  MAJOR 
GEORGE  C.  PARCHER  PARK. 

Resolved,  That  the  area  in  the  Breakheart  reservation  in 
the  town  of  Saugus  to  be  set  aside  as  a  park  area  shall  be 
known  and  designated  as  the  Major  George  C.  Parcher 
Park  in  honor  of  the  memory  of  the  first  commander  of 
Saugus  Post  210,  The  American  Legion,  Incorporated.  The 
metropolitan  district  commission  is  hereby  authorized  and 
directed  to  erect  a  suitable  tablet  bearing  said  designation 
in  said  park  area.  Approved  June  1,  1954. 

Resolve   reviving   and   continuing   the   special   com-  QJifip    gg 

MISSION  TO  study  AND  INVESTIGATE  MEANS  AND  METHODS  ^' 

FOR  IMPROVING  PROTECTION  AGAINST  FIRE  IN  HOMES  AND 
INSTITUTIONS  FOR  THE  SICK  AND  AGED  AND  INCREASING 
THE    MEMBERSHIP    AND   SCOPE   THEREOF. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  fifty-two  of  the  resolves  of  nineteen  hundred  and 
fifty-three  is  hereby  revived  and  continued  for  the  purpose 
of  making  an  investigation  and  study  of  means  and  methods 
of  improving  protection  against  fire  in  homes  and  institu- 
tions for  the  sick  and  aged  and  all  matters  pertaining  to  the 
general  welfare  of  patients  therein;  that  the  membership  of 
said  commission  be  increased  by  the  addition  thereto  of  four 
members  to  be  designated  by  the  governor. 

Said  commission  is  hereby  authorized  and  directed  to 
investigate  and  study  all  matters  pertaining  to  the  general 
welfare  of  patients  and  conditions  and  means  of  fire  pro- 
tection and  fire  prevention  in  hospitals,  sanitariums,  con- 
valescent and  nursing  homes,  infirmaries  maintained  in 
cities  and  towns,  and  boarding  homes  for  the  aged  licensed 
by  and  under  the  supervision  of  the  department  of  public 


790  Resolves,  1954.  —  Chaps.  89,  90. 

health  in  accordance  with  the  provisions  of  sections  seventy- 
one  to  seventy-three,  inclusive,  of  chapter  one  hundred  and 
eleven  of  the  General  Laws;  to  investigate  and  study  the 
various  laws,  regulations,  codes  and  ordinances  governing 
their  construction,  alteration,  inspection  and  maintenance, 
with  a  view  to  removing  conflicts  and  inconsistencies  and 
co-ordinating  ajid  unifying  them,  in  order  that  matters  of 
administration  and  enforcement  shall  be  simplified  and 
strengthened,  and  that  proprietors  shall  not  be  burdened 
with  needless  expense  due  to  confusion  and  conflict  of  au- 
thority and  responsibility. 

Said  commission  may  call  upon  the  departments,  com- 
missions, boards  and  officers  of  the  commonwealth  for  such 
information  as  it  may  desire  in  the  course  of  its  investigation 
and  study.  Said  commission  shall  be  provided  with  quarters 
in  the  state  house  or  elsewhere,  may  hold  pubhc  hearings, 
may  require  by  summons  the  attendance  of  witnesses  and 
the  production  of  books  and  papers,  and  may  expend  for 
clerical  and  other  services  and  expenses  such  sums  as  may  be 
appropriated  therefor. 

Said  commission  shall  report  to  the  general  court  the 
results  of  its  study  and  investigation  and  its  recommen- 
dations, if  any,  together  with  drafts  of  legislation  necessary 
to  carry  said  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  not  later  than 
the  first  Wednesday  in  December  in  the  current  year. 

Approved  June  1,  1954. 

Chap.  89  Resolve  authorizing  the  continuance  of  the  investi- 
gation RELATIVE  TO  THE  IMPROVEMENT  OF  CONDITIONS  AT 
MUSQUASHIAT  POND  IN  THE  TOWN  OF  SCITUATE. 

Resolved,  That  the  department  of  public  health,  the  de- 
partment of  public  works  and  the  state  reclamation  board, 
authorized  and  directed  as  a  joint  board  by  chapter  forty 
of  the  resolves  of  nineteen  hundred  and  fifty-three  to  consider 
and  formulate  a  plan  for  the  improvement  of  the  conditions 
of  Musquashiat  pond  located  in  the  town  of  Scituate,  are 
hereby  authorized  and  directed  to  continue  said  investi- 
gation and  survey.  The  said  joint  board  shall  report  to  the 
general  court  the  final  results  of  its  investigation  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  out  the  same  by  filing  a  report  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  in  December  in  nineteen  hundred  and  fifty-four. 
For  the  purposes  of  carrying  out  the  provisions  of  this  resolve 
the  said  joint  board  may  expend  such  sums  as  may  hereafter 
be  appropriated  therefor.  Approved  June  1,  1954. 

Chap.  90      Resolve  relative  to  the  fiscal  survey  commission. 

Resolved,  That  the  time  for  the  Fiscal  Survey  Commission 
to  submit  its  final  report,  under  authority  of  chapter  twenty 


Resolves,  1954.  —  Chaps.  91,  92,  93.  791 

of  the  resolves  of  the  current  year,  is  hereby  extended  to 
February  fifteenth,  nineteen  hundred  and  fifty-five. 

Approved  June  1,  1954. 

Resolve  authorizing  the  department  of  public  works  Chap.  91 

TO  MAKE  AN  INVESTIGATION  AND  STUDY  RELATIVE  TO  THE 
RELOCATION  OF  ROUTE  140  FROM  THE  CITY  OF  NEW  BED- 
FORD  TO   THE   FALL   RIVER-BOSTON   EXPRESSWAY. 

Resolved,  That  the  department  of  pubUc  works  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
relative  to  the  relocation  of  Route  140  from  the  city  of 
New  Bedford  to  the  Fall  River-Boston  expressway  and 
Route  140  from  Route  20  north  to  Routes  12  and  110  and 
said  department  is  authorized  to  include  in  its  study  that 
portion  of  Route  140  from  Taunton  to  Winchendon.  Said 
department  shall  report  to  the  general  court  the  results  of 
its  investigation  and  study,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  on  or  before  the 
first  Wednesday  of  December  in  the  current  year. 

Approved  June  2,  1954. 

Resolve  providing  that  the  judicial  council  consider  QJiaj)    92 

THE  ADVISABILITY  OF  AUTHORIZING  THE  ISSUANCE  OF 
SEARCH  WARRANTS  TO  SEIZE  CERTAIN  BOOKS  AND  PAPERS 
OF   SUBVERSIVE    ORGANIZATIONS. 

Resolved,  That  the  judicial  council  be  requested  to  con- 
sider the  advisability  of  authorizing  the  issuance  of  search 
warrants  to  seize  books,  papers,  files,  membership  lists  or 
funds  belonging  to,  being  used  or  intended  to  be  used  by, 
a  subversive  organization,  as  defined  in  section  sixteen  of 
chapter  two  hundred  and  sixty-four  of  the  General  Laws,  or 
any  other  written  or  printed  documents,  papers  or  pictorial 
representations  which  advocate,  advise,  counsel  or  incite  the 
overthrow  by  force,  violence  or  other  unlawful  means  the 
government  of  the  commonwealth  or  of  the  United  States, 
and  to  include  its  conclusions  and  recommendations,  if  any. 
in  relation  thereto,  with  drafts  of  such  legislation  as  may 
be  necessary  to  give  effect  to  the  same,  in  its  annual  report 
for  the  current  year.  Approved  June  7,  1954. 

Resolve  further  continuing  the  special  commission  Chav.  93 

ESTABLISHED  TO  MAKE  AN  INVESTIGATION  AND  STUDY 
relative   to   THE    PROBLEMS   OF  TAXATION. 

Resolved,  That  the  unpaid  special  commission,  known  as 
the  special  commission  on  taxation,  established  by  chapter 
eighty-six  of  the  resolves  of  nineteen  hundred  and  forty-eight, 
whose  membership  was  increased  by  chapter  fifty-one  of  the 
resolves  of  nineteen  hundred  and  forty-nine,  and  which  was 


792  Resolves,  1954.  —  Chap.  94. 

most  recently  continued  by  chapter  twenty-nine  of  the  re- 
solves of  nineteen  hundred  and  fifty-four,  is  hereby  further 
continued  for  the  purpose  of  continuing  its  investigation 
and  study  relative  to  the  problems  of  taxation.  Said  com- 
mission shall  make  an  investigation  and  study  of  the  gen- 
eral subject  of  taxation  in  the  commonwealth,  including 
among  other  things  the  assessment  and  collection  of  taxes 
and  the  distribution  of  such  taxes.  Said  commission  shall 
also  make  such  investigation  and  study  with  a  view  to  the 
revision  and  codification  of  the  laws  relating  to  taxation 
and  to  the  recommending  of  such  changes  therein  and  addi- 
tions thereto  as  may  appear  necessary  or  desirable. 

Said  commission  may  hold  public  hearings  and  may  call 
upon  ofhcials  of  the  commonwealth  or  its  subdivisions  for 
such  information  as  it  may  desire  in  the  course  of  its  in- 
vestigation and  study,  shall  be  provided  with  quarters  in 
the  state  house  or  elsewhere  and  shall  have  the  power  to 
summon  witnesses  and  to  require  the  production  of  books, 
records,  contracts  and  papers  and  the  giving  of  testimony 
under  oath.  Said  commission  may  expend  for  expert,  cleri- 
cal and  other  services  and  expenses  the  unexpended  bal- 
ance of  item  0239-00  of  section  two  of  chapter  six  hundred 
and  thirty-two  of  the  acts  of  nineteen  hundred  and  fifty- 
two  and  of  item  0239-00  of  chapter  six  hundred  and  seventy- 
five  of  the  acts  of  nineteen  hundred  and  fifty -three.  Said 
commission  shall  report  to  the  general  court  the  results  of 
its  investigation  and  study  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  from  time  to  time  and 
by  fihng  a  final  report  on  or  before  the  first  Wednesday  in 
April  in  the  year  nineteen  hundred  and  fifty-five. 

Approved  June  7,  1954. 

Chap.  94  Resolve  providing  for  the  placing  of  a  bust  of  the 

LATE    JUSTICE    LOUIS    DEMBITZ    BRANDEIS    IN    THE    STATE 
HOUSE    OR   ON   THE    GROUNDS   THEREOF, 

Resolved,  That  the  art  commission  of  the  commonwealth 
is  hereby  authorized  to  accept  on  behalf  of  the  common- 
wealth the  gift  of  a  bust  by  Eleanor  Piatt  of  the  late  justice 
Louis  Dembitz  Brandeis,  associate  justice  of  the  United 
States  supreme  court  and  the  father  of  savings  bank  life 
insurance,  to  be  placed  in  such  location  in  the  state  house 
or  on  the  grounds  thereof  as  may  be  selected  by  the  gov- 
ernor, with  the  approval  of  said  art  commission. 

Approved  June  7,  1954. 


Resolves,  1954.  —  Chaps.  95,  96.  793 


Resolve  providing  for  an  investigation  and  study  by  Chap.  95 

A  SPECIAL  COMMISSION  RELATIVE  TO  THE  ERECTION  WITHIN 
THE  COMMONWEALTH  OF  A  STATUE  OR  OTHER  SUITABLE 
MEMORIAL  TO  COMMEMORATE  THE  LATE  ALA.URICE  J.  TOBIN. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  two  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  two  persons 
to  be  appointed  by  the  governor,  is  hereb}'-  established  for 
the  purpose  of  making  an  investigation  and  study  of  the 
subject  matter  of  current  senate  documents  numbered  165 
and  524  and  current  house  document  numbered  1110,  rela- 
tive to  the  erection  within  the  state  house  or  elsewhere 
within  the  commonwealth  of  a  statue  or  other  suitable 
memorial  to  commemorate  the  late  Maurice  J.  Tobin.  Said 
commission  shall  be  provided  with  quarters  in  the  state 
house  or  elsewhere,  may  travel  within  and  without  the  com- 
monwealth and  may  expend  for  clerical  and  expert  services, 
and  for  such  plans,  designs  and  models,  and  for  such  other 
services  and  expenses  as  may  be  necessary  or  desirable  to 
accomphsh  the  purposes  of  this  resolve  such  sums  as  may 
be  appropriated  therefor.  Said  commission  shall  report 
to  the  general  court  the  results  of  its  investigation  and 
study,  and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  said  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  not  later  than  the  first  Wednesday  of  Decem- 
ber in  the  current  year.  Approved  June  8,  1954- 


Resolve  providing  for  a  proper  representation  of  the 
commonwealth  at  the  national  convention  of  the 
army  and  navy  legion  of  valor  of  the  united  states 
in  the  year  nineteen  hundred  and  fifty-five  in  the 
event  that  the  same  is  held  in  the  city  of  boston. 

Resolved,  That,  in  order  that  the  commonwealth  may 
be  properly  represented  on  the  occasion  of  the  national  con- 
vention of  The  Army  and  Navy  Legion  of  Valor  of  the 
United  States  in  the  year  nineteen  hundred  and  fifty-five, 
if  the  same  is  held  in  the  city  of  Boston,  and  in  such  case 
to  ensure,  in  arranging  entertainments  and  other  events  in 
connection  therewith,  proper  co-operation  between  said 
organization  and  the  commonwealth,  there  may,  after  an 
appropriation  has  been  made,  and  if  such  convention  is  to 
be  held  in  said  city  as  aforesaid,  be  expended,  with  the  ap- 
proval and  under  the  direction  of  the  governor  and  council, 
such  sums  as  may  be  appropriated  therefor. 

Approved  June  9,  1934- 


Chap.  96 


794  Resolves,  1954.  —  Chap.  97. 

Chap.  97  Resolve  providing  for  an  investigation  and  -study  by 
A  special  commission  relative  to  planning,  zoning 
and  subdivision  control. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  three  members  of  the  senate  to  be  designated  by  the 
president  thereof,  five  members  of  the  house  of  repre- 
sentatives to  be  designated  by  the  speaker  thereof,  and  four 
persons  to  be  appointed  by  the  governor,  one  of  whom  shall 
be  a  builder  of  dwelling  houses,  one  of  whom  shall  be  a 
broker  of  residential  real  estate,  one  of  whom  shall  be  a 
representative  of  the  planning  profession,  and  one  of  whom 
shall  be  a  member  of  the  planning  division  of  the  department 
of  commerce,  hereinafter  called  the  commission,  is  hereby 
established  for  the  purpose  of  making  an  investigation  and 
study  of  the  advisability  and  feasibility  of  establishing  a 
state  board  of  appeals  to  which  appeals  may  be  made  from 
decisions  of  local  boards  in  planning,  zoning  and  subdivision 
control  matters,  and  in  matters  relating  to  land  develop- 
ment, subdivision  of  land  and  the  building  of  dwelling 
houses,  and  any  other  matter  pertaining  to  planning,  zon- 
ing and  subdivision  control.  Said  commission  shall,  in  the 
course  of  its  investigation  and  study,  consider  the  subject 
matter  of  current  senate  documents  numbered  59,  relative 
to  amending  the  subdivision  control  law,  150,  relative  to 
the  powers  and  duties  of  local  boards  of  appeal,  and  375, 
relative  to  authorizing  the  preservation  of  the  integrity 
of  official  maps;  of  current  house  documents  numbered 
1253,  relative  to  planning  boards  and  the  subdivision  control 
law,  1254,  providing  for  an  investigation  relative  to  the 
advisability  and  feasibiUty  of  establishing  a  state  board  of 
appeals  in  zoning,  planning,  subdivision,  land  development, 
building  and  related  matters,  and  2224,  relative  to  planning 
boards  and  the  subdivision  control  law,  so  called.  Said 
commission  shall  be  provided  with  quarters  in  the  state 
house  or  elsewhere,  may  hold  hearings,  may  require  by 
summons  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books  and  papers,  may  travel  within  and 
without  the  commonwealth,  and  may  expend  for  legal, 
clerical  and  other  assistance  and  for  expenses  such  sums 
as  may  be  appropriated  therefor.  Said  commission  shall 
report  to  the  general  court  the  results  of  its  investigation 
and  study,  and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  its  recommendations 
into  effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  the  third  Wednesday  of  January, 
nineteen  hundred  and  fifty-five.      Approved  June  9,  1954. 


Resolves,  1954.  —  Chaps.  98,  99.  795 


Resolve  providing  for  an  investigation  and  study  by  QJkjp^  gg 
A  special  commission  relative  to  the  development  • 
of  a  certain  area  of  the  back  bay  section  of  the 
city  of  boston. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  three  members  of  the  senate  to  be  designated  by  the 
president  thereof,  five  members  of  the  house  of  repre- 
sentatives to  be  designated  by  the  speaker  thereof,  three 
persons  to  be  appointed  by  the  governor,  and  two  persons 
to  be  appointed  by  the  mayor  of  the  city  of  Boston,  is  hereby 
estabhshed  for  the  purpose  of  making  an  investigation 
and  study  relative  to  the  subject  matter  of  current  house 
document  numbered  2936,  providing  for  the  development 
of  a  certain  area  of  the  Back  Bay  section  of  the  city  of  Boston. 
Said  commission  shall  be  provided  with  quarters  in  the  state 
house  or  elsewhere,  may  hold  public  hearings  and  for  the 
purposes  of  this  resolve  may  expend  such  sums  as  may  be 
appropriated  therefor  not  to  exceed  the  sum  of  fifteen  hun- 
dred dollars.  Said  commission  shall  report  to  the  general 
court  the  results  of  its  investigation  and  study  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  such  recommendations  into  effect  by  filing 
the  same  with  the  clerk  of  the  senate  on  or  before  the  third 
Wednesday  of  January  in  the  year  nineteen  hundred  and 
fifty-five.  Approved  June  9,  1954. 

Resolve  reviving  and  continuing  and  increasing  the  Qfidj)    99 
membership   and    scope   OF   the   special   commission         ^' 
established   to   make   an   investigation   and   study 
relative  to  the  proper  clearance  of  tracks  in  rail- 
road yards. 

Resolved,  That  the  unpaid  special  commission  estabhshed 
by  chapter  ninety-four  of  the  resolves  of  nineteen  hundred 
and  fifty-three  is  hereby  revived  and  continued  for  the  pur- 
pose of  continuing  its  investigation  and  study  relative  to  the 
proper  clearance  of  tracks  in  railroad  yards.  The  member- 
ship of  said  commission  shall  be  increased  by  the  addition 
thereto  of  one  member  of  the  senate  to  be  designated  by  the 
president  thereof  and  two  members  of  the  house  of  repre- 
sentatives to  be  designated  by  the  speaker  thereof.  Said 
commission  shall,  in  the  course  of  its  investigation  and  study 
consider  the  subject  matter  of  current  senate  document 
numbered  564,  relative  to  physical  examination  of  certain 
railroad  employees,  and  of  the  investigation  and  study  pro- 
posed by  current  house  document  numbered  2725,  relative 
to  the  overlapping  of  transportation  facihties  in  eastern 
Massachusetts.  Said  commission  shall  be  provided  with 
quarters  in  the  state  house  or  elsewhere,  may  hold  public 
hearings,  and  may  expend  for  clerical  and  other  services  and 
expenses  the  balance  available  in  item  0273-00  of  chapter 
six  hundred  and  seventy-five  of  the  acts  of  nineteen  hundred 


796  Resolves,  1954.  —  Chaps.  100,  101,  102. 

and  fifty-three.  Said  commission  shall  report  to  the  general 
court  the  results  of  its  investigation  and  study,  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  such  recommendations  into  effect,  by  fihng  the 
same  with  the  clerk  of  the  senate  not  later  than  the  third 
Wednesday  of  January  in  the  year  nineteen  hundred  and 
fifty-five.  Approved  June  9,  1954- 

Chap. 100  Resolve   establishing   an   unpaid   special   commission 

TO  STUDY  AND  REVISE  THE  LAWS  RELATING  TO  INDUSTRIAL 
HOMEWORK. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  three  persons  to 
be  appointed  by  the  governor,  is  hereby  established  to  make 
a  survey  and  study  of  the  laws  of  the  commonwealth  relating 
to  industrial  homework,  with  a  view  to  the  revision  and 
codification  of  said  laws  and  to  the  recommending  of  such 
changes  therein  and  additions  thereto  as  may  appear  neces- 
sary or  desirable.  Said  commission  shall  hold  hearings, 
shall  be  provided  with  quarters  in  the  state  house  or  else- 
where, and  may  expend  for  expenses  and  legal,  clerical  and 
other  assistance  such  sums  as  may  be  appropriated  therefor. 
Said  commission  shall  report  to  the  general  court  the  results 
of  its  survey  and  study,  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  said 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  not  later  than  the  third 
Wednesday  in  January,   nineteen  hundred   and   fifty-five. 

Approved  June  9,  1964. 

Chap.lOl  Resolve  in  favor  of  percival  h.  mosher. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good,  and  in  consideration  of  his  long  and  meritorious  service 
as  an  employee  of  the  metropolitan  district  commission, 
there  shall  be  allowed  and  paid  out  of  the  state  treasury, 
subject  to  appropriation  from  the  metropolitan  district 
commission  funds,  to  Percival  H.  Mosher  of  Boston,  a 
payment  of  fifteen  hundred  dollars  per  annum  for  five  years 
beginning  July  first,  nineteen  hundred  and  fifty-four,  pay- 
able in  equal  monthly  installments. 

Approved  June  9,  1954. 

Chap. 102  Resolve   increasing  the   scope   of  the   investigation 

AND   STUDY    BY   THE   FISC.'^L   SURVEY   COMMISSION. 

Resolved,  That  the  unpaid  special  commission,  known 
as  the  fiscal  survey  commission,  estabhshed  by  chapter 
twenty  of  the  resolves  of  nineteen  hundred  and  fifty-four, 
shall,  in  making  its  investigation  and  study,  consider  the 


Resolves,  1954.  —  Chaps.  103,  104.  797 

subject  matter  of  current  house  documents  numbered  703, 
relative  to  charges  for  support  of  inmates  in  state  sanatoria, 
and  2551.  Approved  June  9,  1964- 


Resolve  reviving  and  further  continuing  the  special  Chap. lOS 

COMMISSION    ON   MILK   MARKETING. 

Resolved,  That  the  unpaid  special  commission,  estabhshed 
by  chapter  twenty-one  of  the  resolves  of  nineteen  hundred 
and  fifty-three,  is  hereby  revived  and  continued  for  the 
purpose  of  continuing  the  investigation  and  study  of  the 
whole  matter  of  milk  marketing  and  the  proper  enforcement 
of  laws  relating  thereto  and  any  related  matters.  Said  com- 
mission shall  in  the  course  of  its  investigation  and  study 
consider  the  subject  matter  of  current  senate  document 
numbered  82,  relative  to  the  labeling  of  milk  containers; 
of  current  house  document  numbered  1145,  relative  to  the 
selUng  price  of  all  milk  produced  in  this  commonwealth; 
of  current  house  document  numbered  2767,  to  create  an 
authority  to  promote  research  and  education  in  dairy 
products  and  to  provide  for  payments  to  support  the  ex- 
pense of  said  authority;  and  of  current  house  document 
numbered  2886,  relating  to  milk  and  cream  inspection,  con- 
tainers, ingredients,  standards  and  Ucensing;  ice  cream 
ingredients;  and  the  sale  of  oleomargarine.  Said  com- 
mission shall  be  provided  with  quarters  in  the  state  house 
or  elsewhere,  may  hold  public  hearings,  and  shall  have  the 
power  to  summon  witnesses  and  to  require  the  production 
of  books,  records  and  papers,  and  the  giving  of  testimony 
under  oath,  and  may  travel  within  or  without  the  common- 
wealth. 

The  commission  may  expend  for  the  purposes  of  this 
resolve  the  balance  available  in  item  0289-00  of  section  two 
of  chapter  six  hundred  and  seventy-five  of  the  acts  of  nine- 
teen hundred  and  fifty-three,  and  such  additional  sums  as 
may  be  hereafter  appropriated  therefor. 

The  commission  shall  report  to  the  general  court  the 
results  of  its  investigation  and  study,  and  its  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary 
to  carry  its  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  before  the 
third  Wednesday  in  January,  nineteen  hundred  and  fifty- 
five.  Approved  June  9,  1954' 


Resolve  increasing  the  scope  of  the  investigation  Chap.l04L 
and  study  op  certain  matters  by  the  fiscal  survey 
commission. 

Resolved,  That  the  fiscal  survey  commission,  estabhshed 
by  chapter  twenty  of  the  resolves  of  nineteen  hundred  and 
fifty-four  for  the  purpose  of  investigating  and  studying 
certain  fiscal  practices  and  poHcies  of  the  commonwealth 


798  Resolves,  1954.  —  Chaps.  105,  106,  107. 

shall,  in  making  its  investigation  and  study,  consider  the 
subject  matter  of  current  senate  document  numbered  248, 
relative  to  increasing  state  aid  for  schools. 

Approved  June  9,  1954- 

Chap. 105     Resolve  in  favor  of  the  widow  of  harold  tompkins. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good,  there  be  allowed  and  paid  out  of  the  state  treasury 
to  the  widow  of  the  late  Harold  Tompkins,  who  died  while 
a  member  of  the  present  house  of  representatives,  the  salary 
to  which  he  would  have  been  entitled  had  he  lived  and 
served  until  the  end  of  the  nineteen  hundred  and  fifty-four 
session  of  the  general  court.  Approved  June  9,  1954. 

Chap. 106  Resolve  providing  for  an  investigation  and  study  by 

THE  division  OF  PLANNING  IN  THE  DEPARTMENT  OF  COM- 
MERCE RELATIVE  TO  THE  IMPROVEMENT  OF  TRUCK  AND 
BUS  TRANSPORTATION. 

Resolved,  That  the  division  of  planning  in  the  department 
of  commerce  is  hereby  authorized  and  directed  to  make  an 
investigation  and  study  of  the  subject  matter  of  current 
house  document  numbered  892,  relative  to  the  improvement 
of  truck  and  bus  transportation.  Said  division  shall  report 
to  the  general  court  the  results  of  its  investigation  and  study, 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  said  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  the  first  Wednesday  of  Decem- 
ber in  the  current  year.  Approved  June  10,  1954. 

Chap. 107  Resolve  providing  for  an  investigation  and  study  by 

A  SPECIAL  commission  OF  CERTAIN  LAWS  RELATIVE  TO 
CITY   BUDGETS. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  three  persons 
to  be  appointed  by  the  governor,  one  of  whom  shall  be  a 
mayor  or  city  manager  and  one  of  whom  shall  be  a  municipal 
employee,  is  hereby  established  for  the  purpose  of  investi- 
gating and  studying  the  provisions  of  chapter  forty-four  of 
the  General  Laws  relative  to  budgetary  procedure  in  cities, 
with  a  view  to  making  such  changes  therein  or  additions 
thereto  as  may  appear  necessary  or  desirable.  In  the  course 
of  its  study  said  commission  shall  consider  the  subject  matter 
of  current  house  document  numbered  1278.  Said  commis- 
sion may  expend  for  clerical  and  other  expenses  such  sums 
as  may  be  appropriated  therefor,  and  shall  be  furnished  with 
quarters  in  the  state  house  or  elsewhere.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  investiga- 


Resolves,  1954.  —  Chaps.  108,  109.  799 

tion  and  study,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  the  same  into 
effect,  by  filing  the  same  with  the  clerk  of  the  senate  on  or 
before  the  second  Wednesday  in  January  in  the  year  nine- 
teen hundred  and  fifty-five.  Approved  June  10,  1954- 

Resolve  providing  for  an  investigation  and  study  by  Chap. lOS 

AN  UNPAID  SPECIAL  COMMISSION  RELATIVE  TO  THE  METHOD 
OF  COMMITTING  PERSONS  TO  MENTAL  HOSPITALS,  AND  THE 
RIGHTS,  CARE,  TREATMENT  AND  RELEASE  OR  DISCHARGE 
OF  PERSONS  so  COMMITTED. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  four  persons  to 
be  appointed  by  the  governor,  is  hereby  estabhshed  to  make 
an  investigation  and  study  of  the  method  of  committing 
persons  to  mental  hospitals,  and  the  rights,  care,  treatment 
and  release  or  discharge  of  persons  so  committed.  Said 
commission  shall,  in  the  course  of  its  investigation  and  study, 
consider  the  subject  matter  of  current  senate  document 
numbered  366.  Said  commission  shall  be  provided  with 
quarters  in  the  state  house  or  elsewhere,  may  hold  hearings, 
and  may  expend  for  clerical  and  other  assistance  and  for 
expenses  such  sums  as  may  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of  its 
investigation  and  study,  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  its 
recommendations  into  effect,  by  fihng  the  same  with  the 
clerk  of  the  senate  on  or  before  the  third  Wednesday  of 
January  in  the  year  nineteen  hundred  and  fifty-five. 

Approved  June  10,  1954. 

Resolve   authorizing   the   committee   on   transporta-  Chav. 109 

TION  to  sit  during  THE  RECESS  OF  THE  GENERAL  COURT 
TO  INVESTIGATE  CERTAIN  MATTERS  RELATING  TO  TRANS- 
PORTATION   WITHIN   THE    COMMONWEALTH. 

Resolved,  That  the  committee  on  transportation  is  hereby 
authorized  to  sit  during  the  recess  of  the  general  court  for 
the  purpose  of  investigating  and  studying  all  problems  re- 
lating to  transportation  by  rail,  bus  and  plane  within  the 
commonwealth.  Said  committee,  in  the  course  of  its  inves- 
tigation and  study,  shall  study  the  operations  of  the  New 
York,  New  Haven  and  Hartford  Railroad  and  the  Boston 
and  Albany  Railroad,  which  is  leased  to  the  New  York  Cen- 
tral Railroad,  and  the  investigation  and  study  proposed  by 
current  senate  document  numbered  756,  relative  to  creating 
the  Massachusetts  Storehouse  Terminal  Authority.  Said 
committee  may  call  upon  the  department  of  public  utilities 
and  other  boards,  commissions  and  officers  of  the  common- 
wealth for  such  information  as  it  may  desire  in  the  course  of 


800  Resolves,  1954.  —  Chaps.  110,  111. 

its  investigation.  Said  committee  shall  be  provided  with 
quarters  in  the  state  house  or  elsewhere,  shall  hold  pubUc 
hearings,  shall  have  the  power  to  summon  witnesses  and  to 
require  the  production  of  books,  records,  contracts  and  papers 
and  the  giving  of  testimony  under  oath,  and  may  expend  for 
expert,  clerical  and  other  services  and  expenses  such  sums 
as  may  be  appropriated  therefor.  Said  committee  shall 
make  a  report  to  the  general  court  of  the  results  of  its  in- 
vestigation and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  its  recommendations 
into  effect,  by  filing  the  same  with  the  clerk  of  the  senate  not 
later  than  the  third  Wednesday  of  January,  nineteen  hun- 
dred and  fifty-five.  Approved  June  10,  1954. 

Chap. 110  Resolve  further  continuing  and  increasing  the  scope 

OF  THE  SPECIAL  COMMISSION  ESTABLISHED  TO  MAKE  AN 
INVESTIGATION  AND  STUDY  RELATIVE  TO  THE  RETARDED 
CHILDREN  AND  THE  TRAINING  FACILITIES  AVAILABLE 
THEREFOR. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  seventy-seven  of  the  resolves  of  nineteen  hun- 
dred and  fifty-two  and  revived  and  continued  by  chapter 
twenty-seven  of  the  resolves  of  nineteen  hundred  and  fifty- 
three,  is  hereby  revived  and  continued  for  the  purpose  of 
continuing  its  investigation  and  study  relative  to  the  number 
of  retarded  children  in  the  commonwealth  and  the  training 
facilities  available  for  their  instruction.  Said  commission 
shall,  in  the  course  of  its  investigation  and  study,  con- 
sider the  subject  matter  of  current  senate  document  num- 
bered 247,  relative  to  providing  special  classes  for  instruc- 
tion of  physically  handicapped  children  in  the  public  schools. 
Said  commission  shall  be  provided  with  suitable  quarters 
and  may  expend  for  experts,  clerical  and  other  services  and 
expenses  the  balance  available  in  item  0245-00  of  section 
two  of  chapter  six  hundred  and  seventy-five  of  the  acts  of 
nineteen  hundred  and  fifty-three  and  such  other  sums  as 
may  be  appropriated  therefor.  Said  commission  shall  re- 
port to  the  general  court  the  results  of  its  investigation  and 
study,  and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  its  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of  rep- 
resentatives on  or  before  the  third  Wednesday  of  January, 
nineteen  hundred  and  fifty-five. 

Approved  June  10,  195^. 

Chap. Ill  Resolve   reviving   and   continuing   the   state   office 

BUILDING    COMMISSION. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  ninety-nine  of  the  resolves  of  nineteen  hundred 
and  fifty-three  is  hereby  revived  and  continued  for  the  pur- 
pose of  investigating  and  studying  the  cost  of  leasing  pri- 


Resolves,  1954.  —  Chap.  112.  801 

vately  owned  buildings  by  the  commonwealth,  the  necessity 
of  a  new  state  office  building  or  buildings  and  the  proper  fa- 
cilities for  the  storage  and  preservation  of  public  records  and 
documents  and  the  historic  documents  in  the  archives  of  the 
commonwealth.  The  preliminary  investigation  of  the  com- 
mission shall  include  site  selection,  surveys,  engineering  and 
planning  for  said  projects.  The  term  of  the  appointment  of 
members  appointed  to  the  commission  originally  by  the 
governor,  the  president  of  the  senate  and  the  speaker  of  the 
house  of  representatives  shall  be  for  the  period  of  site  selec- 
tion, engineering  and  planning  and  construction  of  the  build- 
ing. In  the  event  of  a  vacancy  by  resignation,  death  or  any 
other  cause  in  the  term  of  an  original  appointee,  the  vacancy 
shall  be  filled  by  the  officer  who  made  the  original  appoint- 
ment. Said  commission  may  call  upon  any  department, 
commission,  board  or  officer  of  the  commonwealth,  and  in 
the  name  of  the  commonwealth  consult  with  other  state  gov- 
ernments and  the  federal  government  for  such  information 
as  it  may  desire  in  the  course  of  its  investigation.  Said  com- 
mission shall  be  provided  with  quarters  in  the  state  house  or 
elsewhere,  may  hold  hearings,  may  travel  within  or  without 
the  commonwealth,  and  may  expend  for  legal,  clerical  and 
other  assistance,  and  for  expenses,  the  balance  available  in 
item  0270-00  of  section  two  of  chapter  six  hundred  and 
seventy-five  of  the  acts  of  nineteen  hundred  and  fifty-three, 
and  such  other  sums  as  may  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of 
its  studies,  together  with  plans  and  estimates  of  costs  and 
drafts  of  legislation  necessary  to  carry  its  recommendations 
into  effect,  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  from  time  to  time,  but  the  final  report  shall 
be  filed  not  later  than  the  second  Wednesday  in  January, 
nineteen  hundred  and  fifty-five.    Approved  June  10,  1954. 

Resolve  providing  for  an  investigation  by  the  judicial  Chap. 112 

COUNCIL  relative  TO  PROVIDING  FOR  THE  ASSIGNMENT  OF 
DISTRICT  COURT  JUDGES  TO  SIT  IN  THE  SUPERIOR  COURT 
TO  EXPEDITE  THE  DISPOSITION  OF  EMINENT  DOMAIN  CASES. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  senate  document 
numbered  794,  relative  to  providing  for  the  assignment  of 
district  court  judges  to  sit  in  the  superior  court  to  expedite 
the  disposition  of  eminent  domain  cases,  and  the  question  of 
district  court  judges  sitting  in  the  superior  court  on  other 
civil  cases  to  expedite  the  disposition  in  the  superior  court 
of  such  other  civil  cases,  and  to  include  its  conclusions  and 
recommendations  in  relation  thereto,  with  drafts  of  such 
legislation  as  may  be  necessary  to  give  effect  to  the  same, 
in  its  annual  report  for  the  current  year. 

Approved  June  10,  195 If. 


802  Resolves,  1954.  —  Chaps.  113,  114. 

Chap. lis  Resolve   increasing  the   membership   of  the   special 

COMMISSION  ESTABLISHED  TO  INVESTIGATE  AND  STUDY 
RELATIVE  TO  HIGH  BLOOD  PRESSURE  WITH  A  VIEW  TO 
PROVIDING  MEANS  FOR  THE  CONTROL  THEREOF  AND  FUR- 
THER EXTENDING  THE   EXISTENCE   OF  SAID   COMMISSION. 

Resolved,  That  the  membership  of  the  unpaid  special  com- 
mission estabUshed  by  chapter  thirty-two  of  the  resolves  of 
nineteen  hundred  and  forty-nine  and  most  recently  con- 
tinued by  chapter  eighty- four  of  the  resolves  of  nineteen 
hundred  and  fifty-two,  to  make  an  investigation  and  study 
relative  to  high  blood  pressure  and  the  problem  of  its  con- 
trol, be  increased  by  the  addition  thereto  of  the  commissioner 
of  pubhc  health,  ex  officio,  and  a  registered  physician  who 
shall  be  a  doctor  of  medicine  skilled  in  public  health  and 
cHnical  medicine,  to  be  appointed  by  the  governor.  The 
existence  of  said  commission  is  hereby  further  extended  to 
the  fourth  Wednesday  of  January,  nineteen  hundred  and 
fifty-six,  and  the  members  thereof  on  the  first  Wednesday 
of  December  in  the  current  year  shall  continue  as  members 
until  said  date,  notwithstanding  that  any  such  member  has 
ceased  to  be  a  member  of  the  general  court.  Said  commis- 
sion shall  continue  to  report  to  the  general  court  from  time 
to  time  as  to  the  progress  of  its  M^ork,  and  such  reports  shall 
include  such  recommendations  as  it  may  desire  to  make,  by 
fifing  the  same  with  the  clerk  of  the  house  of  representatives, 
and  it  shall  make  a  final  report  to  the  general  court,  together 
with  its  findings  and  recommendations,  by  filing  the  same 
with  said  clerk  not  later  than  the  fourth  Wednesday  of 
January,  nineteen  hundred  and  fifty-six.  Said  commission 
may  expend  the  balance  available  in  item  0253-00  of  section 
two  of  chapter  six  hundred  and  thirty-two  of  the  acts  of 
nineteen  hundred  and  fifty-two  and  such  other  sums  as  may 
be  appropriated  therefor.  Approved  June  10,  195 4. 

Chap. 114  Resolve  relative  to  accrued  overtime  for  public  works 

EMPLOYEES. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  and  notwithstanding  any  provision  of  law  to  the 
contrary,  there  shall  be  allowed  and  paid  out  of  the  state 
treasury  to  employees  of  the  department  of  public  works 
who  were  working  for  said  department  on  April  first,  nine- 
teen hundred  and  fifty-four  and  earning  a  salary  of  four 
thousand  and  eighty  dollars  or  less  a  year  on  April  first, 
nineteen  hundred  and  forty-eight  in  said  department,  for 
overtime  in  accordance  with  the  schedule  filed  with  the  joint 
committee  on  ways  and  means,  approved  by  said  committee, 
a  copy  of  which  shall  be  filed  with  the  state  comptroller; 
provided,  that  no  employee  shown  on  said  schedule  shall 
receive  a  sum  exceeding  three  hundred  dollars;  and  further 
provided,  that  no  payment  shall  be  made  to  said  employees 
until  there  shall  have  been  filed  with  the  comptroller  a  re- 
lease signed  by  said  employees  of  all  claims  for  overtime 


Resolves,  1954.  —  Chaps.  115,  116.  803 

compensation  for  services  rendered  prior  to  July  first,  nine- 
teen hundred  and  fifty-three.  The  amounts  authorized  by 
this  resolve  shall  be  paid  from  funds  previously  reserved  for 
accrued  overtime  and  from  account  2900-02. 

Approved  June  10,  1954. 

Resolve  providing  for  an  investigation  and  study  by  Chap. 115 

A  SPECIAL  COMMISSION  RELATIVE  TO  THE  ERECTION  OF  A 
STEEL  MILL  OR  MILLS  AND  AN  ALUMINUM  MILL  OR  MILLS 
WITHIN  THE  COMMONWEALTH. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  two  members  to 
be  appointed  by  the  governor,  is  hereby  established  for  the 
purpose  of  making  an  investigation  and  study  of  the  possi- 
bihty  of  development  of  the  steel  and  aluminum  industries, 
including  a  steel  mill  or  mills,  and  an  aluminum  mill  or 
mills,  within  the  commonwealth.  Said  commission  shall,  in 
the  course  of  its  investigation  and  study,  consider  the  sub- 
ject matter  of  so  much  of  current  house  document  numbered 
2375,  as  relates  to  the  erection  of  a  steel  mill  in  the  common- 
wealth. Said  commission  shall  be  provided  with  quarters 
in  the  state  house  or  elsewhere,  may  hold  hearings,  may 
travel  within  or  without  the  commonwealth  and  may  expend 
for  legal,  clerical  and  other  assistance  such  sums  as  may  be 
appropriated  therefor.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation  and  study,  and 
its  recommendations,  if  any,  together  with  drafts  of  legisla- 
tion necessary  to  carry  its  recommendations  into  effect,  by 
filing  the  same  with  the  clerk  of  the  house  of  representatives 
not  later  than  the  third  Wednesday  of  January,  nineteen 
hundred  and  fifty-five.  Approved  June  10,  1954. 

Resolve  in  favor  of  james  j.  murphy.  Chav.lW 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  there  be  allowed  and  paid 
out  of  the  state  treasury  to  James  J.  Murphy  of  Fall  River, 
formerly  a  member  of  the  state  pohce,  who  was  injured  in 
the  performance  of  his  duties  as  a  member  of  the  state  police 
on  June  twelfth,  nineteen  hundred  and  fifty-two,  a  payment 
of  twelve  hundred  dollars  per  year,  payable  in  equal  monthly 
instalments,  for  a  period  of  five  years  commencing  June 
first,  nineteen  hundred  and  fifty-four.  Said  payment  shall 
cease  upon  the  death  of  said  Murphy  if  it  occurs  prior  to 
the  expiration  of  said  period  of  five  years.  No  payment  shall 
be  made  hereunder  until  there  has  been  filed  with  the  comp- 
troller an  agreement  signed  by  said  James  J.  Murphy  that 
the  amount,  if  any,  paid  or  to  be  paid  for  legal  services  ren- 
dered in  connection  with  the  passage  of  this  resolve  shall 
not  exceed  ten  per  cent  of  the  maximum  amount  payable 
hereunder.  Approved  June  10,  1964. 


804  Resolves,  1954.  —  Chaps.  117,  118,  119. 


Chap. 117  Resolve  increasing  the  scope  of  the  investigation 

AND    STUDY    BY   THE   SPECIAL   COMMISSION    ON   TAXATION. 

Resolved,  That  the  unpaid  special  commission,  known  as 
the  special  commission  on  taxation,  established  by  chapter 
eighty-six  of  the  resolves  of  nineteen  hundred  and  forty- 
eight  and  most  recently  continued  by  chapter  ninety-three 
of  the  resolves  of  the  current  year,  shall,  in  making  its  in- 
vestigation and  study,  consider  the  subject  matter  of  the  in- 
vestigation and  study  proposed  by  current  house  documents 
numbered  five  hundred  and  fifty-six,  relative  to  the  prob- 
lems of  farm  taxation,  and  twenty-nine  hundred  and  fifty- 
two,  relative  to  the  placing  of  tax  stamps  on  cigarette 
packages.  Approved  June  10,  1954- 

Chap.llS  Resolve  continuing  the  special  commission  to  make 

AN  investigation  AND  STUDY  RELATIVE  TO  THE  ISSUANCE 
OF  REVENUE  BONDS  BY  MUNICIPALITIES  OF  THE  COMMON- 
WEALTH  UNDER    CERTAIN   CONDITIONS. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  fifty-nine  of  the  resolves  of  nineteen  hundred  and 
fifty-three  for  the  purpose  of  making  an  investigation  and 
study  of  all  matters  pertaining  to  the  issuance  of  revenue 
bonds  by  municipalities  of  the  commonwealth  for  the  purpose 
of  financing  a  program  of  acquisition,  operation  and  main- 
tenance of  off-street  parking  facilities  within  said  municipali- 
ties is  continued.  Said  commission  shall  be  provided  with 
quarters  in  the  state  house  or  elsewhere  and  may  require  by 
summons  the  attendance  and  testimony  of  witnesses  and  the 
production  of  books  and  papers  and  may  expend  for  experts, 
clerical  and  other  services  and  expenses  the  balance  available 
in  item  0292-00  of  section  2  of  chapter  675  of  the  acts 
of  1953  and  such  other  sums  as  may  be  appropriated  therefor. 
Said  commission  shall  have  the  assistance  and  co-operation 
of  the  director  of  accounts  and  such  other  departments, 
boards,  commissions  and  officers  of  the  commonwealth  as  it 
may  request.  Said  commission  shall  report  to  the  general 
court  the  results  of  its  investigation  and  study,  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  such  recommendations  into  effect  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  not  later 
than  the  third  Wednesday  of  January,  nineteen  hundred  and 
fifty-five.  Approved  June  10,  1954. 

Chap.llS  Resolve  providing  for  an  investigation  by  a  special 

COMMISSION  relative  TO  THE  TRAINING  OF  MEDICAL 
LABORATORY   TECHNOLOGISTS, 

Resolved,  That  an  unpaid  special  commission,  to  consist  of 
two  members  of  the  senate,  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives, 
to  be  designated  by  the  speaker  thereof,  and  four  persons  to 


Resolves,  1954. —  Chap.  120.  805 

be  appointed  by  the  govetnor,  of  whom  one  shall  be  a  member 
of  the  Massachusetts  Central  Health  Council  Medical  Tech- 
nologist Study  Committee,  one  shall  be  a  pathologist  recom- 
mended by  the  Massachusetts  Section  of  the  New  England 
Pathological  Society,  one  shall  be  a  medical  technologist 
recommended  by  the  ]\Iassachusetts  Association  of  Medical 
Technologists,  Inc.,  and  one  shall  be  a  hospital  administrator 
recommended  by  the  Massachusetts  Hospital  Association, 
is  hereby  estabhshed  for  the  purpose  of  making  an  investi- 
gation and  study  relative  to  the  training  of  medical  labora- 
tory technologists.  Said  commission  shall  be  provided  with 
quarters  in  the  state  house  or  elsewhere  and  may  expend 
for  clerical  and  other  services  and  expenses  such  sums  as 
may  be  appropriated  therefor.  Said  commission  shall  re- 
port to  the  general  court  the  results  of  its  investigation  and 
study  and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  such  recommendation  into 
effect  by  fihng  the  same  with  the  clerk  of  the  house  of  repre- 
sentatives not  later  than  the  third  Wednesday  in  January, 
nineteen  hundred  and  fifty-five.     Approved  June  10,  1954. 

Resolve  providing  for  an  investigation  and  study  by  Chap. 120 

AN   unpaid   special   COMMISSION   RELATIVE   TO   THE    PROB- 
LEMS  OF  FARM  TAXATION, 

Resolved,  That  an  unpaid  special  commission  consisting 
of  one  person  to  be  appointed  by  the  president  of  the  senate, 
two  persons  to  be  appointed  by  the  speaker  of  the  house  of 
representatives  and  four  persons  to  be  appointed  by  the 
governor,  shall  investigate  and  study  the  entire  subject  of 
state,  county  and  local  taxation  as  they  apply  to  farmers 
and  the  industry  of  agriculture. 

The  studies  of  the  commission  shall  be  directed  toward 
recommending  such  changes  in  the  system  of  taxation  as 
may  protect  agriculture  from  bearing  any  disproportionate 
part  of  the  whole  tax  burden  of  the  commonwealth,  and 
from  unequal  competition  from  outside  the  commonwealth. 

The  commission  may  hold  hearings  and  may  call  upon 
the  commissioner  of  corporations  and  taxation  and  other 
departments,  commissions  and  officers  of  the  commonwealth 
and  of  the  several  counties  and  municipalities  for  such  in- 
formation as  it  may  desire  in  the  course  of  its  investigation. 

The  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  shall  hold  pubUc  hearings,  and 
shall  have  the  power  to  summon  witnesses  and  require  the 
production  of  books,  records,  contracts  and  papers  and  the 
giving  of  testimony  under  oath.  The  commission  may  ex- 
pend for  expert,  clerical  and  other  services  and  expenses  such 
sums  as  may  be  appropriated. 

Said  commission  shall  report  to  the  general  court  the 
results  of  its  investigation  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  its 
recommendations  into  effect  by  fifing  the  same  with  the 


806  Resolves,  1954.  —  Chaps.  121,  122. 

clerk  of  the  house  of  representatives  not  later  than  January 
fifteenth,  nineteen  hundred  and  fifty-five. 

Approved  June  10,  1954. 

Chap. 121  Resolve  reviving  and  further  continuing  the  special 

UNPAID  COMMISSION  ESTABLISHED  TO  INVESTIGATE  AND 
STUDY  THE  ADVISABILITY  OF  ESTABLISHING  THE  UNIFORM 
COMMERCIAL    CODE. 

Resolved,  That  the  special  unpaid  commission,  estab- 
lished by  chapter  sixty-one  of  the  resolves  of  nineteen  hun- 
dred and  fifty-three,  for  the  purpose  of  making  an  investiga- 
tion and  study  of  the  advisability  of  establishing  the  uniform 
commercial  code  is  hereby  revived  and  continued.  Said 
commission  shall  also  consider  the  subject  matter  contained 
in  the  appendix  to  the  minority  report  of  current  house 
document  numbered  2400  relating  to  the  drafting  by  cer- 
tain states  of  a  form  of  a  compact  relative  to  the  proposed 
uniform  commercial  code.  Said  commission  shall  be  pro- 
vided with  quarters  in  the  state  house  or  elsewhere,  may 
in  the  performance  of  its  duties  travel  within  and  without 
the  commonwealth,  may  expend  for  clerical  and  other  serv- 
ices and  expenses  the  balance  available  in  item  0293-00  of 
section  two  of  chapter  six  hundred  and  seventy-five  of  the 
acts  of  nineteen  hundred  and  fifty-three,  and  such  additional 
amount  as  may  be  appropriated  therefor.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  study  and 
its  recommendations,  if  any,  together  with  drafts  of  legis- 
lation necessary  to  carry  such  recommendations  into  effect, 
by  filing  the  same  with  the  clerk  of  the  house  of  representa- 
tives not  later  than  the  last  Wednesday  of  January,  nineteen 
hundred  and  fifty-five.  Approved  June  10,  1954. 

Chap. 122  Resolve  providing  for  an  investigation  and  study  by 

AN  UNPAID  special  COMMITTEE  RELATIVE  TO  CERTAIN  PRO- 
VISIONS OF  THE  INSURANCE  LAWS  AND  MATTERS  PERTAIN- 
ING  THERETO. 

Resolved,  That  an  unpaid  special  committee,  to  consist  of 
three  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof  and  five  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  is  hereby  established 
for  the  purpose  of  making  an  investigation  and  study  rela- 
tive to  certain  provisions  of  the  insurance  laws,  with  a  view 
to  defining  group  life  insurance  and  blanket  accident  and 
health  insurance,  and  determining  the  method  of  distribu- 
tion of  the  annual  surplus  on  industrial  fife  insurance  policies. 
Said  committee  shall  in  the  course  of  its  investigation  and 
study  consider  the  subject  matter  of  current  senate  docu- 
ments numbered  285,  287,  288  and  289,  and  of  current  house 
documents  numbered  181,  192,  374  and  455.  Said  com- 
mittee shall  be  provided  with  quarters  in  the  state  house  or 
elsewhere,  may  hold  hearings,  and  may  expend  for  clerical 


Resolves,  1954. —  Ghap.  123.  807 

and  other  services  and  expenses  the  balance  remaining  in 
item  0296-00  of  chapter  six  hundred  and  seventy-five  of 
the  acts  of  nineteen  hundred  and  fifty-three  and  such  other 
sums  as  may  be  appropriated  therefor.  Said  committee 
shall  report  to  the  general  court  the  results  of  its  investiga- 
tion and  study  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  its  recommenda- 
tions into  effect  by  filing  the  same  with  the  clerk  of  the 
senate  not  later  than  the  third  Wednesday  of  January  in 
the  year  nineteen  hundred  and  fifty-five. 

Approved  June  10,  1954- 

Resolve   reviving   and   continuing  the   special   com-  Chap. 123 

MISSION  established  TO  STUDY  AND  INVESTIGATE  COM- 
MUNISM AND  SUBVERSIVE  ACTIVITIES  AND  RELATED  MATTERS 
IN   THE    COMMONWEALTH. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  eighty-nine  of  the  resolves  of  nineteen  hundred 
and  fifty-three  is  hereby  revived  and  continued  for  the  pur- 
pose of  continuing  its  investigation  and  study  of  the  extent, 
character  and  objects  of  communism  and  subversive  ac- 
tivities and  related  matters  within  the  commonwealth;  the 
diffusion  within  the  commonwealth  of  subversive  and  un- 
American  propaganda  that  is  instigated  from  foreign  coun- 
tries, or  of  a  domestic  origin,  and  attacks  the  principle  of 
the  form  of  government  as  guaranteed  by  our  constitution 
and  all  other  questions  in  relation  thereto  that  would  aid 
the  general  court  in  enacting  any  necessary  remedial  legis- 
lation. 

Said  commission  in  making  its  investigation  shall  con- 
sider all  the  aspects  of  such  activities,  including,  but  not 
limiting  its  investigation  thereto,  educational,  govern- 
mental, industrial  and  poHtical  activities.  Said  commission 
shall  be  provided  with  quarters  in  the  state  house  or  else- 
where, shall  hold  public  hearings,  may  travel  within  and 
without  the  commonwealth,  may  sit  during  the  session  and 
recess  of  the  general  court,  may  require  by  summons  the 
attendance  of  such  witnesses  and  the  production  of  such 
books,  papers  and  documents,  and  take  such  testimony  as 
it  deems  necessary. 

Upon  a  majority  vote  of  the  commission,  summonses  shall 
be  issued  under  the  signature  of  the  chairman  or  vice  chair- 
man, and  shall  be  served  by  an  officer  of  the  general  court  or 
by  any  person  designated  by  the  commission.  The  chairman 
or  any  member  of  the  commission  may  administer  oaths  to 
witnesses.  Every  person  who  behaves  in  a  disorderly  or  con- 
temptuous manner  before  such  commission  shall  be  deemed 
guilty  of  a  misdemeanor  pum'shable  as  provided  in  section 
twenty-eight  A  of  chapter  three  of  the  General  Laws. 

The  subject  of  any  investigation  in  connection  with  which 
witnesses  are  summoned  shall  be  clearly  stated  before  the 
commencement  of  any  hearings  and  the  evidence  sought  to 


808  Resolves,  1954. —  Chap.  124. 

be  elicited  shall  be  relevant  and  germane  to  the  subject  as 
so  stated. 

Any  witness  summoned  at  a  public  hearing  and  any  wit- 
ness before  a  private  hearing  shall  have  the  right  to  be  ac- 
companied by  counsel,  who  shall  be  permitted  to  advise  the 
witness  while  on  the  witness  stand  of  his  rights. 

Every  witness  shall  have  the  opportunity  at  the  conclu- 
sion of  the  examination  by  the  commission  to  supplement 
the  testimony  which  he  has  given  by  making  a  written  or 
oral  statement,  which  shall  be  made  part  of  the  record,  but 
such  statement  shall  be  confined  to  matters  with  regard  to 
which  he  has  previously  been  examined. 

Any  person  whose  name  is  mentioned  or  who  is  specifically 
identified  and  who  believes  that  testimony  or  other  evidence 
given  in  a  public  hearing  before  the  commission  or  any  sub- 
committee thereof  or  comment  made  by  any  member  of  the 
commission  or  its  counsel  tends  to  defame  him  or  otherwise 
adversely  affects  his  reputation,  shall  be  afforded  the  follow- 
ing privileges :  — 

(a)  He  may  file  with  the  commission  a  sworn  statement 
concerning  such  testimony,  evidence  or  comment,  which  shall 
be  made  part  of  the  record  of  such  hearing. 

(6)  He  may  appear  personally  before  the  commission  and 
testify  in  his  own  behalf. 

Said  commission,  during  its  investigation,  shall  have  the 
assistance  of  the  attorney  general,  the  department  of  edu- 
cation and  such  other  departments,  boards,  commissions 
and  officers  of  the  state  government  as  may  be  requested  by 
said  commission  to  assist  and  co-operate. 

Said  commission  shall  report  its  findings  to  the  general 
court  at  such  time  or  times  as  it  may  deem  advisable,  but 
in  any  event  shall  file  a  final  report  not  later  than  May 
fifteenth,  nineteen  hundred  and  fifty-five.  Such  report  shall 
include  the  name  and  all  other  identifying  data  available  to 
the  commission,  of  any  individual,  concerning  whom,  the 
commission,  during  the  course  of  the  investigation,  has  re- 
ceived creditable  evidence  that  such  individual  was  or  is  a 
member  of  the  communist  party,  a  communist  or  a  subver- 
sive. Said  commission  may  expend  for  expenses  and  legal, 
clerical  and  other  assistance,  the  balance  available  in  item 
0298-00  of  section  two  of  chapter  one  hundred  and  ninety- 
seven  of  the  acts  of  the  current  year  and  such  sums  as  may 
hereafter  be  appropriated  therefor. 

Approved  June  10,  1954. 

Chap, 124  Resolve  reviving  and  continuing  the  special  commis- 
sion ESTABLISHED  TO  MAKE  AN  INVESTIGATION  AND  STUDY 
RELATIVE  TO  CERTAIN  CHANGES  IN  THE  RETIREMENT  LAW. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  eighty  of  the  resolves  of  nineteen  hundred  and 
fifty-three  and  revived  and  continued  by  chapters  twenty- 
three  and  sixty-two  of  the  resolves  of  nineteen  hundred  and 


Resolves,  1954.  —  Chap.  125.  809 

fifty-four,  is  hereby  further  revived  and  continued  for  the 
purpose  of  continuing  its  survey  and  study  of  the  laws  of  the 
commonwealth  relating  to  retirement  systems  and  pensions 
with  a  view  to  the  revision,  codification  and  simphfication  of 
chapter  thirty-two  of  the  General  Laws.  In  the  course  of  its 
investigation,  the  commission  shall  investigate  and  study  all 
non-contributory  as  well  as  contributory  retirement  and 
pension  plans  and  systems  and  also  the  subject  matter  of 
current  house  document  numbered  689,  to  establish  in  favor 
of  Charles  Judd  Farley  and  Joseph  H.  Gillis  certain  cred- 
itable service  allowance  under  the  state  retirement  system. 
Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  may  require 
by  summons  the  attendance  and  testimony  by  witnesses  and 
the  production  of  books  and  papers,  may  call  on  state  officials 
and  department  heads  for  advice  and  assistance,  may  travel 
within  the  commonwealth,  and  may  expend  for  experts, 
clerical  and  other  services  and  expenses  the  balance  avail- 
able in  item  0267-00  of  section  2  of  chapter  675  of  the  acts 
of  1953  and  such  other  sums  as  may  be  appropriated  therefor. 
Said  commission  shall  report  to  the  general  court  the  results 
of  its  investigation  and  study,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
its  recommendations  into  effect  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  not  later  than  the 
third  Wednesday  in  January,  nineteen  hundred  and  fifty- 
five.  Approved  June  10,  1954. 

Resolve  reviving  and  continuing  the  special  commis-  Chap.125 

SIGN  established  FOR  THE  PURPOSE  OF  MAKING  AN  IN- 
VESTIGATION AND  STUDY  RELATIVE  TO  THE  USE  OF  TELE- 
VISION   FOR   EDUCATIONAL   PURPOSES. 

Resolved,  That  the  unpaid  special  commission,  estabhshed 
by  chapter  ninety-six  of  the  resolves  of  nineteen  hundred 
and  fifty-two,  revived  and  continued  by  chapter  seven  of  the 
resolves  of  nineteen  hundred  and  fifty-three,  and  further 
revived  and  continued  by  chapter  fifty-one  of  the  resolves 
of  nineteen  hundred  and  fifty-four,  is  hereby  further  revived 
and  continued  for  the  purpose  of  continuing  its  investiga- 
tion and  study  relative  to  the  use  of  television  for  educa- 
tional purposes.  Said  commission  may,  in  the  course  of  its 
investigation  and  study,  conduct  such  engineering  and  other 
surveys  as  it  deems  necessary  to  petition  the  Federal  Com- 
munications Commission  to  allocate  and  reserve  additional 
television  channels  for  non-commercial  educational  tele- 
vision purposes  in  central  Massachusetts,  the  Connecticut 
valley,  and  Berkshire  county,  and  to  prepare  the  necessary 
apphcation  or  applications  for  the  utihzation  of  the  non- 
commercial television  channel  or  channels  allocated  to  Massa- 
chusetts. Said  commission  shall  be  provided  with  quarters 
in  the  state  house  or  elsewhere,  may  hold  hearings,  may 
require  by  summons  the  attendance  and  testimony  of  wit- 


810  Resolves,  1954.  —  Chap.  126. 

nesses  and  the  production  of  books  and  papers,  may  travel 
within  and  outside  the  commonwealth,  and  may  expend  for 
clerical,  engineering,  legal  and  other  services  the  unexpended 
balance  available  in  item  0229-00  of  section  two  of  chapter 
six  hundred  and  thirty-two  of  the  acts  of  nineteen  hundred 
and  fifty-two  and  such  sums  as  may  be  appropriated  therefor. 
Said  commission  shall  report  to  the  general  court  the  results 
of  its  investigation  and  study  hereunder,  and  its  recom- 
mendations, together  with  drafts  of  legislation  necessary  to 
carry  such  recommendations  into  effect,  by  filing  one  or 
more  reports  with  the  clerk  of  the  senate  at  such  time  or 
times  as  the  commission  may  elect;  provided,  that  the  com- 
mission shall  so  file  its  final  report  on  or  before  the  third 
Wednesday  in  January,  nineteen  hundred  and  fifty-five. 

Approved  June  10,  1954. 

C/?a2?.126  Resolve  reviving  and  further  continuing  the  special 

COMMISSION  to  study  THE  ESTABLISHMENT  OF  A  STATE 
MEDICAL  AND  DENTAL  SCHOOL,  INCREASING  THE  SCOPE  OF 
SAID  COMMISSION,  AND  FIXING  THE  TIME  WITHIN  WHICH 
SAID  COMMISSION  SHALL  FILE  ITS  FINAL  REPORT. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  seventy  of  the  resolves  of  nineteen  hundred 
and  fifty-one  as  most  recently  revived  and  continued  by 
chapter  one  of  the  acts  and  resolves  of  nineteen  hundred 
and  fifty-four,  to  make  a  study  and  investigation  relative  to 
the  estabhshment  of  a  state  medical  and  dental  school  under 
the  jurisdiction  of  the  University  of  Massachusetts,  is  hereby 
revived  and  continued  for  the  purpose  of  continuing  its  in- 
vestigation and  study  relative  to  the  establishment  of  a 
medical  and  dental  school.  Said  commission  shall  study  the 
establishment  of  a  New  England  Board  of  Education,  and 
the  adoption  of  proposed  compacts  among  the  New  England 
states  authorizing  co-operative  planning  in  the  field  of  medi- 
cine, dentistry,  veterinary  medicine  and  technical,  profes- 
sional, graduate  training. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  may  require 
by  summons  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books  and  papers,  may  travel  within  and 
without  the  commonwealth,  and  may  expend  for  legal, 
clerical  and  other  assistants  the  balance  of  the  amount  ap- 
propriated in  item  7613-08  of  section  two  of  chapter  six 
hundred  and  four  of  the  acts  of  nineteen  hundred  and  fifty- 
two  and  such  additional  sums  as  may  be  appropriated  there- 
for. Said  commission  shall  report  to  the  general  court  the 
results  of  its  investigation  and  study  and  its  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary  to 
carry  said  recommendations  into  effect,  by  fiUng  the  same 
with  the  clerk  of  the  senate  from  time  to  time  and  by  fifing 
a  final  report  not  later  than  the  first  Wednesday  of  February 
in  nineteen  hundred  and  fifty-five. 

Approved  June  10,  1934. 


Amendment  to  Constitution.  811 

Cf)e  Commontoealti)  of  ^a0i5acl)U0ett0 


In  the  Year  One  Thousand  Nine  Hundred  and  Fifty- Four. 


Proposal  for  a  legislative  amendment  to  the  consti- 
tution PROVIDING  FOUR-YEAR  TERMS  FOR  THE  GOVERNOR, 
lieutenant-governor,  SECRETARY,  TREASURER  AND  RE- 
CEIVER-GENERAL, ATTORNEY-GENERAL  AND  AUDITOR  OF 
THE   COMMONWEALTH. 

A  majority  of  all  the  members  elected  to  the  Senate  and  Proposed 
House  of  Representatives,  in  joint  session,  hereby  declares  t^the'^^'^*' 
it  to  be  expedient  to  alter  the  Constitution  by  the  adoption  *'°o^Jj*q*'°'* 
of  the  following  Article  of  Amendment,  to  the  end  that  it  tour-year 
may  become  a  part  of  the  Constitution  [if  similarly  agreed  gov^rno/,*^^ 
to  in  a  joint  session  of  the  next  General  Court  and  approved  lieutenant- 
by  the  people  at  the  state  election  next  following] :  secrttai^', 

treasurer 
and  receiver- 
ARTICLE   OF   AMENDMENT.  ^u^^^^' 

Art.  .    Article  LXIV  of  the  articles  of  amendment,  general  and 

as  amended  by  Article  LXXX,  is  hereby  annulled  and  the  the  com°^ 
following  article  is  adopted  in  place  thereof :  —  monweaith. 

Article  LXIV.  Section  1.  The  governor,  lieutenant- 
governor,  secretary,  treasurer  and  receiver-general,  attorney- 
general  and  auditor  shall  be  elected  quadrennially  and 
councillors,  senators  and  representatives  shall  be  elected 
biennially.  The  terms  of  the  governor  and  lieutenant- 
governor  shall  begin  at  noon  on  the  Thursday  next  follow- 
ing the  first  Wednesday  in  January  succeeding  their  election 
and  shall  end  at  noon  on  the  Thursday  next  following  the 
first  Wednesday  in  January  in  the  fifth  year  following  their 
election.  If  the  governor  elect  shall  have  died  before  the 
qualification  of  the  lieutenant-governor  elect,  the  lieutenant- 
governor  elect  upon  qualification  shall  become  governor.  If 
both  the  governor  elect  and  the  lieutenant-governor  elect 
shall  have  died  both  said  offices  shall  be  deemed  to  be  vacant 
and  the  provisions  of  Article  LV  of  the  Amendments  to  the 
Constitution  shall  apply.  The  terms  of  the  secretary,  treas- 
urer and  receiver-general,  attorney-general  and  auditor  shall 
begin  with  the  third  Wednesday  in  January  succeeding  their 
election  and  shall  extend  to  the  third  Wednesday  in  January 
in  the  fifth  year  following  their  election  and  until  their  suc- 
cessors are  chosen  and  qualified.  The  terms  of  the  council- 
lors shall  begin  at  noon  on  the  Thursday  next  following  the 
first  Wednesday  in  January  succeeding  their  election  and 
shall  end  at  noon  on  the  Thursday  next  following  the  first 
Wednesday  in  January  in  the  third  year  following  their  elec- 


812  Amendment  to  Constitution 

tion.  The  terms  of  senators  and  representatives  shall  begin 
with  the  first  Wednesday  in  January  succeeding  their  elec- 
tion, and  shall  extend  to  the  first  Wednesday  in  January  in 
the  third  year  following  their  election  and  until  their  suc- 
cessors are  chosen  and  quaUfied. 

Section  2.  The  general  court  shall  assemble  every  year 
on  the  first  Wednesday  in  January. 

Section  3.  The  first  election  to  which  this  article  shall 
apply  shall  be  held  on  the  Tuesday  next  after  the  first 
Monday  in  November  in  the  year  nineteen  hundred  and 
fifty-eight.  Thereafter,  elections  for  the  choice  of  a  gov- 
ernor, lieutenant-governor,  secretary,  treasurer  and  receiver- 
general,  attorney-general  and  an  auditor  shall  be  held  quad- 
rennially on  the  Tuesday  next  after  the  first  Monday  in 
November  and  elections  for  the  choice  of  councillors,  sena- 
tors and  representatives  shall  be  held  biennially  on  the 
Tuesday  next  after  the  first  Monday  in  November. 


In  Joint  Session,  May  20,  1954. 

The  foregoing  legislative  amendment  of  the  Constitution 
is  agreed  to  in  joint  session  of  the  two  houses  of  the  General 
Court,  the  said  amendment  having  received  the  affirmative 
votes  of  a  majority  of  all  the  members  elected;  and  it  is 
referred  to  the  next  General  Court  in  accordance  with  a 
provision  of  the  Constitution. 


IRVING  N.   HAYDEN, 

Clerk  of  the  Joint  Session. 


Acts  and  Resolves  Approved,  etc.  813 


NUMBER  OF  ACTS  AND  RESOLVES  APPROVED, 
ACT  VETOED  BY  THE  GOVERNOR,  AND 
ACTS  DECLARED  EMERGENCY  LAWS  BY 
THE  GOVERNOR  UNDER  AUTHORITY  OF 
THE  CONSTITUTION. 


The  general  court,  during  its  second  annual  session  held  in 
1954,  passed  687  Acts  and  126  Resolves,  which  received  exec- 
utive approval. 

The  governor  returned  1  Act  with  his  objections  thereto 
in  writing.    Upon  said  Act  his  objections  were  sustained. 

One  (1)  Act  entitled  "An  Act  restricting  the  authority  of 
the  attorney  general  and  district  attorneys  to  authorize 
wire  tapping"  was  passed  and  laid  before  the  governor  for 
his  approval;  was  returned  by  him  with  his  objections 
thereto,  to  the  branch  in  which  it  respectively  originated; 
was  reconsidered,  and  the  vote  being  taken  on  its  passage, 
the  objections  of  the  governor  thereto  notwithstanding,  it 
was  rejected,  and  said  act  thereby  became  void. 

Seven  (7)  Acts,  entitled,  respectively,  "An  Act  establish- 
ing the  date  for  payment  of  the  income  tax"  (Chapter  69); 
"An  Act  relative  to  the  appropriation  for  the  administration 
of  the  department  of  mental  health"  (Chapter  113);  "An 
Act  relative  to  the  observance  each  year  of  the  contribution 
to  the  success  of  the  American  Revolution  of  Peter  Fran- 
cisco" (Chapter  124);  "An  Act  making  provisions  for  re- 
ports by  voluntary  associations  and  certain  trusts  "  (Chapter 
254);  "An  Act  relative  to  the  non-criminal  disposition  of 
parking  violations  with  respect  to  parking  areas  adjacent  to 
or  abutting  county  buildings"  (Chapter  302);  "An  Act  au- 
thorizing the  department  of  natural  resources  to  acquire  a 
certain  parcel  of  land  adjacent  to  the  Pittsfield  State  Forest" 
(Chapter  345);  and  "An  Act  providing  for  interlocutory 
reports  to  the  supreme  judicial  court  in  criminal  cases" 
(Chapter  528)  were  declared  to  be  emergency  laws  by  the 
governor  in  accordance  with  the  provisions  of  the  forty- 
eighth  amendment  to  the  Constitution  "The  Referendum. 
II.  Emergency  Measures".  Said  Chapter  69  thereby  took 
effect  at  2.45  p.m.  on  February  3,  1954;  said  Chapter  113  at 
11.15  A.M.  on  February  18,  1954;  said  Chapter  124  at 
2.45  P.M.  on  February  17, 1954;  said  Chapter  254  at  4.35  p.m. 
on  March  29,  1954;  said  Chapter  302  at  4.20  p.m.  on  April  12, 
1954;  said  Chapter  345  at  3.48  p.m.  on  May  5,  1954  and  said 
Chapter  528  at  11.40  a.m.  on  June  2,  1954. 

The  general  court  was  prorogued  on  Friday,  June  11,  1954, 
at  twenty-seven  minutes  after  four  o'clock,  p.m.,  the  session 
having  occupied  157  days. 


ACTS 


PASSED    BT    THE 


(General  Court  of  M^^^^t\)uMti 

AT    AN 

EXTRA   SESSION 
1954 


Convened  on  Tuesday,  the  Seventh  Day  of  September, 

AND  Prorogued  on  Wednesday,  the  Eighth 

Day  of  September,  1954 


ACTS,  EXTRA  SESSION,  1954. 


An  Act  further  defining  the  word  "veteran"  as  used  nhn^  acq 
IN  certain  laws  and  clarifying  the  rights  of  certain         ^' 
veterans. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^^^^hx^^ 
to  defeat  its  purpose,  which  is  to  correct  certain  inequities 
inherent  in  chapter  six  hundred  and  twenty-seven  of  the 
acts  of  the  current  year,  and  to  alleviate  the  confusion  caused 
by  divergent  constructions  placed  upon  certain  provisions  in 
said  chapter,  therefore  it  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 

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

Section  1.     Chapter  31  of  the  General  Laws  is  hereby  o.  l.  (Xer. 
amended   by  inserting  after  section  21,   as  most  recently  f2iA^added. 
amended  by  section  3  of  chapter  627  of  the  acts  of  the  cur- 
rent year,  the  following  section:  —  Section  21  A.     For  the  'Veteran- 
purpose  of  this  chapter  only,  the  word  "veteran"  shall  in-  certafniTws, 
elude  any  person  who  meets  all  the  requirements  of  section  ^V-Jn^l\ 
twenty-one  except  that  instead  of  performing  ninety  days' 
active  service,  including  ten  days'  wartime  service  as  so  de- 
fined, he  has  performed  active  service  in  the  armed  forces  of 
the  United  States  at  any  time  between  April  sixth,  nineteen 
hundred  and  seventeen  and  November  eleventh,  nineteen 
hundred  and  eighteen,  inclusive. 

Section  2.    The  last  paragraph  of  section  1  of  chapter  32  E'/f^J*'?  j 
of  the  General  Laws,  as  most  recently  amended  by  section  7  etc!, 'amended. 
of  said  chapter  627,  is  hereby  further  amended  by  adding  at 
the  end  the  following: —  ;  or  (c)  meets  all  the  requirements  |jjythgr''°e'fi'jje^ 
of  said  clause  Forty-third  except  that  instead  of  performing  for  purposes  oi 
ninety  days'  active  service,   including  ten  days'  wartime  ment.'^^*^''*' 
service,  he  has  performed  active  service  in  the  armed  forces 
of  the  United  States  at  any  time  between  April  sixth,  nine- 
teen hundred  and  seventeen  and  November  eleventh,  nine- 
teen hundred  and  eighteen,  inclusive. 

Section  3.    Said  chapter  32  of  the  General  Laws  is  hereby  Ed)''3p§'6o, 
amended  by  striking  out  section  60,  as  most  recently  amended  etc!, 'amended'. 
by  section  14  of  said  chapter  627,  and  inserting  in  place 
thereof  the  following  section:  —  Section  60.    Sections  fifty-  ^rtai'n'^s'^otioLs 
six  to  fifty-nine,  inclusive,  shall,  notwithstanding  the  provi-  of  the  retire- 
sions  of  any  general  or  special  law  relating  to  retirement  "^^'^^i'*^- 
allowances,  be  in  effect  in  any  county,  city,  town  or  district 
which  accepted  them  or  accepted  corresponding  provisions 


818 


Acts,  Extra  Session,  1954.  —  Chap.  688. 


Applicability 
to  certain 
veterans. 


G.  L.  (Ter. 
Ed.),  115,  §  1, 
etc.,  amended. 


"Veteran", 
defined  for 
purposes  of 
soldiers'  relief. 


Certain 
retirements 
to  be  deemed 
valid. 


Certain 
placements 
under  civil 
service  to  be 
deemed  valid. 


of  law  prior  to  January  first,  nineteen  hundred  and  forty-six, 
by  the  retiring  authority. 

No  veteran  whose  employment  first  begins  after  June 
thirtieth,  nineteen  hundred  and  thirty-nine,  shall  be  subject 
to  the  provisions  of  sections  fifty-six  to  fifty- nine,  inclusive; 
nor  shall  any  veteran  whose  employment  first  began  on  or 
before  said  June  thirtieth  be  subject  to  said  provisions  unless 
at  the  time  of  his  retirement  the  total  period  of  his  creditable 
service  is  at  least  equal  to  twice  the  time  he  was  not  in  the 
employ  of  the  commonwealth  or  of  a  county,  citj'',  town  or 
district  subsequent  to  the  date  when  his  employment  by  the 
commonwealth  or  by  a  county,  city,  town  or  district  first 
began. 

Section  4.  Section  1  of  chapter  115  of  the  General  Laws, 
as  most  recently  amended  by  section  35  of  said  chapter  627, 
is  hereby  further  amended  by  striking  out,  in  the  definition 
of  "Veteran",  the  words  "(c)  has  been  awarded  the  Civil 
War  or  Indian  Campaign  medal"  and  inserting  in  place 
thereof  the  words :  —  (c)  is  entitled  to  the  Civil  War,  Indian 
Campaign,  Spanish  Campaign,  or  Spanish  War  Service 
Medal;  or  (d)  meets  all  the  requirements  of  said  clause 
Forty-third  except  that  instead  of  performing  ninety  days' 
active  service,  including  ten  days'  wartime  service,  he  has 
performed  active  service  in  the  armed  forces  of  the  United 
States  at  any  time  between  April  sixth,  nineteen  hundred 
and  seventeen  and  November  eleventh,  nineteen  hundred 
and  eighteen,  inclusive. 

Section  5.  The  word  "period",  as  used  in  this  section 
is  hereby  defined  to  mean  the  period  commencing  at  the 
time  when  chapter  six  hundred  and  twenty-seven  of  the 
acts  of  the  current  year  was  approved  by  the  governor  and 
ending  at  the  time  when  said  chapter  six  hundred  and  twenty- 
seven  would  have  taken  effect  iJF  said  chapter  had  not  been 
declared  to  be  an  emergency  law.  Every  person  retired  be- 
fore the  commencement  of  said  period  effective  at  a  time 
within  said  period,  and  every  person  retired  during  said 
period  effective  either  at  a  time  within  said  period  or  at  a 
time  on  or  before  October  first  in  the  current  year,  shall  be 
deemed  to  have  been  lawfully  and  validly  retired  if  he  was 
retired  in  accordance  with  the  provisions  of  chapter  thirty- 
two  of  the  General  Laws  as  if  chapter  six  hundred  and 
twenty-seven  of  the  acts  of  the  current  year  had  not  been 
passed  and  his  retirement  may  be  held  invalid  solely  because 
of  said  chapter  six  hundred  and  twenty-seven.  Every  per- 
son placed  during  said  period  on  an  eligible  fist  under  the 
civil  service  laws  and  rules  shall  be  deemed  to  have  been 
lavi^ully  and  validly  placed  thereon  if  he  was  placed  thereon 
in  accordance  with  said  laws  and  rules  as  if  said  chapter  six 
hundred  and  twenty-seven  had  not  been  passed  and  his 
placement  thereon  may  be  held  invalid  solely  because  of  said 
chapter  six  hundred  and  twenty-seven. 

Approved  September  8,  1954. 


Acts,  Extra  Session,  1954.  —  Chap.  689.  819 

An  Act  relative  to  the  alleviation  of  certain  finan-  C/?a».689 

CIAL   burdens   imposed   BY  THE   NINETEEN   HUNDRED  AND 
FIFTY-FOUR  HURRICANE. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 

,/.  '  ,.,.  ...  Ti/.        preamble. 

to  defeat  its  purpose,  which  is  to  provide  immediately  for 
the  relief  of  the  disaster  caused  by  the  hurricane  of  August 
thirty-first,  nineteen  hundred  and  fifty-four,  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  pubUc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  purposes  of  disaster  rehef 
in  the  area  stricken  by  the  hurricane  of  August  thirty-first 
of  the  current  year,  as  more  clearly  specified  hereinafter, 
the  sum  of  twelve  million  dollars  is  hereby  made  available 
for  transfer  by  the  commission  on  administration  and  finance, 
at  its  discretion,  for  the  following  purposes:  — 

(1)  To  the  director  of  civil  defense  such  amounts  as  may 
be  necessary  to  provide  for  reimbursements  and  other  ex- 
penses authorized  by  section  four  of  this  act; 

(2)  To  the  commissioner  of  corporations  and  taxation 
such  amounts  as  may  be  necessary  to  provide  for  reimburse- 
ments authorized  by  section  seven  of  this  act; 

(3)  To  reimburse  the  appropriation  accounts  available  for 
the  fiscal  year  nineteen  hundred  and  fifty-five  of  the  several 
other  state  departments,  boards  and  commissions  such 
amounts  as,  in  the  opinion  of  the  commission  are  necessary 
and  have  been  expended  therefrom  for  purposes  of  disaster 
relief  or  repair  of  hurricane  damage,  including  the  expense 
of  the  services  of  national  guard  units  duly  called  for  service 
in  the  stricken  areas; 

(4)  To  reimburse  authorities  of  the  commonwealth  estab- 
lished by  special  act  for  such  amounts  as  in  the  opinion  of 
the  commission  are  necessary  and  have  been  expended  for 
purposes  of  disaster  rehef  or  repair  of  hurricane  damage. 

Section  2.  Any  unencumbered  funds  remaining  in  the 
hands  of  the  commission  on  June  thirtieth,  nineteen  hundred 
and  fifty-six,  shall  be  available  for  the  payment  of  any 
principal  and  interest  due  thereafter  on  bonds  authorized  by 
this  act. 

Section  3.  To  meet  the  expenditures  necessary  in  carry- 
ing out  the  provisions  of  this  act,  the  state  treasurer  shall, 
upon  request  of  the  governor  and  council,  issue  and  sell  at 
public  or  private  sale  bonds  of  the  commonwealth,  registered 
or  with  interest  coupons  attached,  as  he  may  deem  best,  to 
an  amount  to  be  specified  by  the  governor  and  council  from 
time  to  time,  but  not  exceeding,  in  the  aggregate,  the  sum 
of  twelve  million  dollars.  All  bonds  issued  by  the  common- 
wealth, as  aforesaid,  shall  be  designated  on  the  face.  Hurri- 
cane Relief  Loan,  Act  of  1954,  and  shall  be  on  the  serial 
payment  plan  for  such  maximum  term  of  years,  not  exceed- 
ing ten  years,  the  initial  maturities  of  which  shall  be  payable 


820  Acts,  Extra  Session,  1954.  —  Chap.  689. 

not  later  than  one  year  from  their  date  of  issue,  as  the  gov- 
ernor may  recommend  to  the  general  court  pursuant  to 
section  3  of  Article  LXII  of  the  Amendments  to  the  Consti- 
tution of  the  Commonwealth,  the  maturities  thereof  to  be 
so  arranged  that  the  amounts  payable  in  the  several  years 
other  than  the  final  year  shall  be  as  nearly  equal  as  in  the 
opinion  of  the  state  treasurer  it  is  practicable  to  make  them. 
Said  bonds  shall  bear  interest  semi-annually  at  such  rate  as 
the  state  treasurer,  with  the  approval  of  the  governor,  shall 
fix,  but  bonds  shall  be  payable  not  earlier  than  July  first, 
nineteen  hundred  and  fifty-five,  nor  later  than  June  thirtieth, 
nineteen  hundred  and  sixty-six. 

Section  4.  The  commonwealth  shall  reimburse,  subject 
to  the  approval  of  a  board  consisting  of  the  director  of  civil 
defense,  the  director  of  accounts  of  the  department  of  corpo- 
rations and  taxation  and  the  commissioner  of  administration, 
the  political  subdivisions  of  the  commonwealth  affected  by 
the  hurricane  of  August  thirty-first  in  the  current  year, 
annually  an  amount  equal  to  their  obligations  of  repayment 
of  any  indebtedness  incurred  under  the  provisions  of  chapter 
six  hundred  and  thirty-nine  of  the  acts  of  nineteen  hundred 
and  fifty,  as  amended,  or  incurred  under  the  provisions  of 
clause  (9)  of  section  eight  of  chapter  forty-four  of  the  Gen- 
eral Laws  as  a  result  of  an  emergency  created  by  said  hurri- 
cane, and  shall  reimburse  them  for  any  expenditures  from 
available  funds  and  from  sums  raised  by  taxation  for  the 
purposes  authorized  under  said  chapter  six  hundred  and 
thirty-nine  of  the  acts  of  nineteen  hundred  and  fifty,  as 
amended,  or  authorized  under  the  provisions  of  section 
thirty- one  of  chapter  forty-four  of  the  General  Laws  as  a 
result  of  an  emergency  created  by  said  hurricane;  provided, 
that  the  total  amount  to  be  paid  by  the  commonwealth  for 
such  purposes  shall  not  exceed  twelve  million  dollars. 

Section  5.  The  reimbursement  provisions  of  section  four 
of  this  act  shall  be  extended  to  cover  reimbursements  to  the 
poHtical  subdivisions  of  the  commonwealth  annually  in  an 
amount  necessary  to  cover  their  obligations  of  repayment 
of  principal  and  interest  of  any  indebtedness  authorized  by 
such  political  subdivisions  prior  to  the  effective  date  of  this 
act  without  approval  of  the  emergency  finance  board;  pro- 
vided, such  approval  is  obtained  prior  to  such  reimbursement. 

Section  6.  The  board  of  assessors  in  each  city  or  town 
affected  by  the  hurricane  which  occurred  on  August  thirty- 
first  in  the  current  year  may,  on  application  for  abatement 
in  respect  to  the  tax  on  real  estate  filed  in  compliance  with 
the  provisions  of  section  fifty-nine  of  chapter  fifty-nine  of 
the  General  Laws,  grant  an  abatement  in  such  amount  as  in 
the  opinion  of  the  assessors  provides  an  equitable  adjustment 
of  taxes  on  property  wholly  or  partially  destroyed  by  said 
hurricane;  provided,  that  such  abatement  shall  not  exceed 
that  portion  of  the  tax  which  relates  to  the  assessment  on 
buildings  destroyed  on  said  real  estate;  or  the  assessors  may 
request  the  state  tax  commission  under  the  provisions  of 


Acts,  Extra  Session,  1954.  —  Chap.  690.  821 

section  eight  of  chapter  fifty-eight  of  the  General  Laws  to 
give  authority  to  abate  in  whole  or  in  part  the  tax  on  prop- 
erty wholly  or  partially  so  destroyed,  which  tax  may  be  or 
has  been  levied  against  those  who  were  the  owners  of  record 
of  property  on  January  first,  nineteen  hundred  and  fifty- 
four,  or  subsequent  owners  who  have  assumed  a  part  of 
the  tax,  as  in  their  opinion  provides  an  equitable  adjustment. 
Notwithstanding  any  other  provisions  of  law,  applications 
for  abatement  under  this  act  shall  be  filed  before  January 
first,  nineteen  hundred  and  fifty-five. 

Section  7.  In  the  event  the  board  of  assessors  grants 
abatements  under  the  authority  of  section  six  of  this  act  in 
respect  to  apphcations  for  abatement  filed  under  the  pro- 
visions of  section  fifty-nine  of  chapter  fifty-nine  of  the 
General  Laws  or  are  authorized  to  make  abatements  of  the 
taxes  levied  in  accordance  with  the  provisions  of  section 
eight  of  chapter  fifty-eight  of  the  General  Laws,  the  com- 
monwealth shall,  with  the  approval  of  the  state  tax  com- 
mission, reimburse  the  municipalities  for  the  abatements 
provided  in  this  act  from  funds  appropriated  therefor. 

Approved  September  8,  1954. 

An  Act  relative  to  the  terms  of  certain  bonds  to  be  Chap. 690 

ISSUED   BY   the    COMMONWEALTH. 

Whereas,  The  deferred  operation  of  this  act  would  cause  Emergency 
great  inconvenience  in  the  issue  of  bonds  to  carry  out  the  ^''*^'^™ 
purpose  of  the  act  passed  at  the  special  session  of  the  general 
court  in  nineteen  hundred  and  fifty-four,  for  the  purpose  of 
relieving  the  distress  caused  by  the  hurricane  of  August 
thirty-first,  nineteen  hundred  and  fifty-four,  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: 

Notwithstanding  any  provision  of  law  to  the  contrary,  the 
bonds  which  the  state  treasurer  is  authorized  to  issue  under 
chapter  six  hundred  and  eighty-nine  of  the  acts  of  nineteen 
hundred  and  fifty-four,  relative  to  the  alleviation  of  certain 
financial  burdens  imposed  by  the  hurricane  of  August  thirty- 
first,  nineteen  hundred  and  fifty-four,  shall  be  issued  for  a 
maximum  term  of  ten  years  and  shall  be  payable  not  earlier 
than  July  first,  nineteen  hundred  and  fifty-five,  nor  later 
than  June  thirtieth,  nineteen  hundred  and  sixty-six,  as 
recommended  by  the  governor  in  a  message  to  the  general 
court,  dated  September  eighth,  nineteen  hundred  and  fifty- 
four,  in  pursuance  of  section  3  of  Article  LXII  of  the  amend- 
ments to  the  constitution  of  the  commonwealth. 

Approved  September  8,  1954. 


NOTE. 


The  general  court  of  1954  during  its  extra  session  passed 
three  Acts,  which  received  executive  approval. 

The  general  court  was  prorogued  on  Wednesday,  Septem- 
ber 8,  1954,  at  five  minutes  after  seven  o'clock  a.m.,  the  ses- 
sion having  occupied  two  days. 


APPENDIX 


The  following  table  and  indexes  have  been  prepared  by  Thomas  R. 
Bateman,  Esq.,  and  Frederick  B.  Willis,  Esq.,  counsel,  respectively, 
to  the  Senate  and  House  of  Representatives,  in  accordance  with  section 
fifty-one  of  chapter  three  of  the  General  Laws,  as  amended. 


TABLE 


SHOWING 

TO  WHAT  EXTENT  THE  GENERAL  LAWS  OF  THE  COMMON- 
WEALTH,   AS    APPEARING    IN    THE    TERCENTENARY 
EDITION,  HAVE  BEEN  AFFECTED  BY  LEGISLATION 
ENACTED    BY    THE    GENERAL    COURT    SINCE 
JANUARY     FIRST,     NINETEEN     HUNDRED 
AND   THIRTY-TWO.*  t 


Chapter  1.  —  Jurisdiction  of  the  Commonwealth  and  of  the  United  States. 

Sect.  3  revised,  1933,  278  §  L 

Chapter  2.  —  Arms,  Great  Sea!  and  Other  Emblems  of  the  Commonwealth. 

Sect.  7,  sentence  added  at  end,  1953,  245. 

Sect.  8  added,  1941,  121  (designating  the  American  elm  as  the  state 
tree). 

Sect.  9  added,  1941,  121  (designating  the  Chickadee  as  the  state  bird). 

Chapter  3.  —  The  General  Court. 

Sect.  1  revised,  1946,  130  §  1. 

Sect.  5  amended,  1937,  364  §  1;   1939,  508  §  1. 

Sect.  6  revised,  1937,  364  §  2;  amended,  1939,  424  §  1;  repealed, 
1943,  549  §  2.    (See  1939,  424  §  3.) 

Sect.  6A  added,  1939,  424  §  2  (imposing  restrictions  on  the  granting 
of  authoritv  to  use  the  designation  of  junior  college) ;  repealed,  1943, 
549  §  2.    (See  1939,  424  §  3.) 

Sect.  7  revised,  1937,  364  §  3;  first  sentence  amended,  1943,  549  §  2A. 

Sect.  9  revised,  1937,  236  §  1;  1941,  307  §  1;  amended,  1941,  600  §  1; 
revised,  1945,  38  §  1.    (See  1941,  307  §  2;   1941,  600  §  2.) 

Sect.  9  stricken  out  and  sections  9  and  9A  (relative  to  payment  of 
allowances  for  travel  and  other  expenses  to  members  of  the  general 
court)  inserted,  1945,  248  §  1.    (See  1945,  248  §§  4,  5.) 

Sect.  9,  first  two  sentences  amended,  1948,  655  §  1;  revised,  1949, 
784  §  1;  two  sentences  inserted  after  second  sentence,  1949,  801  §  1; 
third  sentence  amended,  1950,  247  §  1 ;  first  four  sentences  revised,  1951, 
803  §  1;  last  sentence  revised,  1953,  171.  (See  1948,  655  §§  3,  4;  1949, 
784  §  3,  801  §  2;   1950,  247  §  2;   1951,  803  §  2.) 

Sect.  9A  repealed,  1952,  635  §  1. 

Sect.  9B  added,  1953,  263  §  1  (relative  to  travel  and  expense  allow- 
ances for  members  of  the  general  court). 

Sect.  10  amended,  1945,  38  §  2;  revised,  1945,  248  §  2;  1948,  655  §  2; 
1949,  784  §  2;  amended,  1951,  803  §  lA;  1952,  635  §  3.  (See  1945,  248 
§§  4,  5;   1948,  655  §§  3,  4;   1949,  784  §  3;   1951,  803  §  2.) 

•  For  table  showing  changes  in  legislation  made  during  the  years  1921  to  1931, 
inclusive,  see  Table  of  Changes  contained  in  pages  485-597  of  the  Acts  and  Resolves, 
of  1932. 

t  References  in  this  table  are  to  the  Tercentenary  Edition  of  the  General  Laws, 
as  most  recently  amended,  unless  otherwise  specified. 


826  Changes  in  the  [Chaps.  4, 5. 

Sect.  11  repealed,  1937,  236  §  2. 

Sect.  12  revised,  1937,  360  §  1;  1943,  260  §  1.  (See  1937,  360  §§3-5; 
1943,  260  §  3.) 

Sect.  12A  added,  1952,  3  (authorizing  the  use  of  facsimiles  of  the 
signatures  of  the  clerks  of  the  senate  and  house  of  representatives  in 
certain  cases). 

Sect.  13  revised,  1937,  360  §  2;  amended,  1941,  230;  revised,  1943, 
260  §  2.    (See  1937,  260  §§3-5;  1943,  260  §  3.) 

Sect.  14  revised,  1948,  139. 

Sect.  15  revised,  1945,  421  §  1;  paragraph  added  at  end,  1949, 
806  §  1.    (See  1945,  421  §  5.) 

Sect.  16  revised,  1949,  806  §  2. 

Sect.  18  amended,  1941,  433  §  1;  1943,  104;  revised,  1945,  421  §  2. 
(See  1941,  433  §  4;   1945,  421  §  5.) 

Sect.  19  amended,  1935,  210;   1949,  806  §  3. 

Sect.  20  revised,  1939,  508  §  2;  amended,  1941,  433  §  2;  1945,  38 
§  3;  421  §  4;  revised,  1945,  488  §  1;  1952,  572  §  1;  repealed,  1952, 
635  §  2.    (See  1941,  433  §  4;   1945,  421  §  5;  488  §§  2,  3;   1952,  572  §  2.) 

Sect.  20A  added,  1937,  189  (relative  to  the  purchase  of  uniforms  for 
the  sergeant-at-arms,  doorkeepers,  assistant  doorkeepers,  general  court 
officers  and  pages  of  the  general  court). 

Sect.  21  revised,  1945,  421  §  3.    (See  1945,  421  §  5.) 

Sect.  22  amended,  1939,  508  §  3. 

Sect.  23  revised,  1941,  347. 

Sect.  28A  added,  1954,  454  (providing  a  penalty  for  refusal  to  appear 
and  testify  before  the  General  Court  or  a  committee  or  commission 
thereof  in  certain  cases) . 

Sect.  32A  added,  1950,  808  §  1  (relative  to  travel  expenses  of  certain 
special  commissions  and  committees).    (See  1950,  808  §  2.) 

Sect.  46  amended,  1939,  508  §  4. 

Sect.  47  amended,  1939,  508  §  5. 

Sect.  49  amended,  1939,  508  §  6. 

Sect.  51  amended,  1939,  508  §  7. 

Sect.  53  revised,  1939,  376  §  1.    (See  1939,  376  §  2.) 

Sects.  56-61  added,  1954,  607  §  2  (establishing  a  legislative  research 
council  and  legislative  research  bureau). 

Chapter  4.  —  Statutes. 

Sect.  4A  added,  1952,  223  (permitting  certain  towns  to  revoke  their 
acceptance  of  certain  special  acts). 

Sect.  5  revised,  1935,  69. 

Sect.  7,  clause  Third  revised,  1951,  215  §  1 ;  clause  Ninth  revised, 
1941,  509  §  1;  1945,  242  §  1;  637  §  1;  clause  Eighteenth  amended, 
1934,  283;  1935,  26;  1936,  180;  1937,  38;  1938,  245;  1941,  91  §  1; 
1946,  190;  1948,  241;  1954,  128  §  1;  clause  Forty-second  stricken  out, 
1953,  319  §  2;  clause  Forty-third  added,  1954,  627  §  1.  (See  1941, 
509  §  9;   1945,  279;   1953,  319  §§  39,  40;   1954,  128  §  2,  627  §§  65,  67.) 

Sect.  10,  first  sentence  amended,  1954,  180. 

Chapter  5.  —  Printing  and  Distribution  of  Laws  and  Public  Documents. 

As  to  the  distribution  of  the  Tercentenary  Edition  of  the  General 
Laws,  see  1941,  Resolve  19. 


Chap.  6.]  GENERAL   LaWS.  827 

Sect.  1,  last  paragraph  revised,  1932,  254;  two  paragraphs  added  at 
end,  1937,  373;  section  revised,  1938,  419;  amended,  ]941,  428;  first 
paragraph  amended,  1945,  580  §  1.    (See  1945,  580  §  9.) 

Sect.  2,  paragraphs  (4)  and  (6)  revised,  1939,  508  §  8;   1945,  252. 

Sect.  3,  paragraph  in  lines  10-11  revised,  1947,  320  §  1;  paragraphs 
in  lines  12-42  amended,  1938,  196;  second  of  said  paragraphs  amended, 
1941,  351  §  1;  1947,  320  §  2;  paragraph  in  fines  52-62  amended,  1953, 
319  §  3;  paragraphs  in  fines  63-68  revised,  1947,  320  §  1. 

Sect.  4,  second  paragraph  amended,  1953,  319  §  4. 

Sect.  4A  added,  1947,  569  (providing  for  the  printing  and  distribu- 
tion of  a  cumulative  table  of  changes  in  the  general  statutes  from  time 
to  time  during  the  session  of  the  general  court). 

Sect.  6  amended,  1939,  508  §  9;  revised,  1943,  344  §  1;  amended, 
1945,  580  §  2.    (See  1945,  580  §  9.) 

Sect.  8  amended,  1945,  580  §  3.    (See  1945,  580  §  9.) 

Sect.  9  amended,  1933,  245  §  1;  1946,  209  §  1;  1951,  68,  474;  1953,  22. 

Sect.  10  revised,  1939,  508  §  10;  first  paragraph  amended,  1945, 
38  §4. 

Sect.  11,  paragraph  in  thirteenth  line  revised,  1941,  329;  paragraph 
in  lines  14-31  stricken  out,  and  two  paragraphs  inserted,  1945,  538; 
section  amended,  1947,  295. 

Sect.  12  amended,  1948,  1;  1952,  179. 

Sect.  18  amended,  1935,  226  §  1;  revised,  1943,  313;  amended,  1946, 
466;  sentence  added  at  end,  1950,  811. 

Chapter  6.  —  The   Governor,   Lieutenant   Governor   and   Council,    Certain 
Officers  under  the  Governor  and  Council,  and  State  Library. 

For  temporaiy  legislation  establishing  an  emergency  finance  board 
and  defining  its  powers  and  duties,  see  1933,  49. 

Sect.  1  amended,  1946,  591  §  1. 

Sect.  2  amended,  1946,  591  §  2;   1949,  722. 

Sect.  3  amended,  1943,  314  §  1;  1949,  781  §  1.  (See  1943,  314  §  2; 
1949,  781  §  2.) 

Sect.  6  revised,  1954,  156. 

Sect.  6A  added,  1952,  457  (establishing  the  offices  of  administrative 
secretary  and  executive  stenographer  in  the  executive  department). 

Sect.  8  amended,  1941,  722  §  1;  revised,  1943,  348  §  1. 

Sect.  12A  revised,  1954,  661  §  1.    (See  1954,  661  §  2.) 

Sect.  12B  added,  1932,  14  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Brigadier  General  Casimir  Pulaski). 

Sect.  12C  added,  1932,  153  (relative  to  the  observance  of  the  anni- 
versary of  the  battle  of  Bunker  Hill).    (See  1941,  91.) 

Sect.  12D  added,  1932,  242  (relative  to  the  observance  of  the  anni- 
versary of  the  Boston  Massacre,  etc.). 

Sect.  12E  added,  1934,  191  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Commodore  John  Barry). 

Sect.  12F  added,  1935,  23  (relative  to  the  observance  of  the  anni- 
versary of  the  battle  of  New  Orleans) ;  amended,  1938,  49. 

Sect.  12G  added,  1935,  96  (providing  for  an  annual  proclamation  by 
the  governor  relative  to  American  Education  Week). 

Sect.  12Ii  added,  1935,  148  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  General  Marquis  de  Lafayette). 


828  Changes  in  the  [Chap.  6. 

Sect.  121  added,  1935,  184  (relative  to  the  annual  observance  of 
Indian  Day) ;  revised,  1939,  56. 

Sect.  12J  added,  1938,  22  (relative  to  the  annual  observance  of  April 
nineteenth  as  Patriots'  Day). 

Sect.  12K  added,  1938,  80  (relative  to  the  annual  observance  of 
Evacuation  Day,  so  called). 

Sect.  12L  added,  1941,  387  (relative  to  the  annual  observance  of 
Veteran  Firemen's  Muster  Day). 

Sect.  12M  added,  1947,  561  (relative  to  the  annual  observance  of 
Good  Government  Day);   revised,  1951,  650. 

Sect.  12N  added,  1949,  75  (relative  to  the  annual  observance  of 
United  Nations  Day). 

Sect.  120  added,  1949,  263  (relative  to  the  annual  observance  of 
Loyalty  Day). 

Sect.  12P  added,  1952,  104  (relative  to  the  annual  observance  of 
civil  rights  week). 

Sect.  12Q  added,  1953,  84  (relative  to  the  annual  observance  of  Me- 
morial Day). 

Sect.  12R  added,  1953,  172  (relative  to  the  annual  observance  of 
PoHsh  Constitution  Day). 

Sect.  12S  added,  1954,  124  (relative  to  the  annual  observance  of 
March  fifteenth  as  Peter  Francisco  Day). 

Sect.  15  amended,  1946,  201. 

Sect.  15A  added,  1953,  170  (relative  to  the  annual  observance  of 
Constitution  Day). 

Sect.  16  amended,  1941,  490  §  1. 

Sect.  17  amended,  1932,  305  §  1;   1933,  120  §  1,  336  §  1;   1934,  374 
§  1;    1935,  475  §  1;   revised,  1939,  393  §  1;   amended,  1945,  393  §  1 
revised,  1945,  619  §  1;  amended,  1946,  368  §  2;  revised,  1946,  612  §  1 
amended,  1947,  466  §  1;  513  §  1;  1948,  260  §  2;  revised,  1948,  310  §  1 
476  §  1;  637  §  1;  amended,  1950,  479  §  1;  1951,  511  §  1;  1952,  605  §  16 
1953,  409  §  4;   revised,  1953,  608  §  1;   amended,  1953,  612  §  1;    1954, 
581  §1,537§1.    (See  1933, 336  §3;  1948,  260  §§  5,  6;  310  §§30,  31;  476 
§§3,4;  637§§4-9, 13;  663§4;  1950,479  §§6,7;  1952,  605  §§  15, 19-21.) 

Sect.  18  and  heading  stricken  out  and  new  section  inserted,  under 
heading  "armory  commission",  1937,  300  §  1;  sentence  added  at  end, 
1941,  19.    (See  1937,  300  §  2.) 

Sect.  22  amended,  1936,  341  §  1;  heading  and  section  amended, 
1943,  455  §  1;  1945,  393  §  2;  paragraph  added  at  end,  1946,  584  §  18; 
section  amended,  1946,  591  §  3;  1950,  705;  paragraph  added  at  end, 
1951,  753  §  2.    (See  1936,  341  §  2;   1946,  584  §  22.) 

Sect.  24  amended,  1941,  596  §  1;   1943,  455  §  2;   1945,  393  §  3. 

Sect.  25  revised,  1945,  730  §  2. 

Sect.  28  amended,  1938,  18;  1947,  315;  1953,  456. 

Sect.  28A  amended,  1934,  208  §  1 ;   1945,  393  §  4. 

Sect.  28E  added,  1934,  208  §  2  (relative  to  the  dissemination  of  in- 
formation concerning  the  public  bequest  fund). 

Sect.  31  revised,  1943,  479;  amended,  1948,  569. 

Sect.  32,  second  paragraph  amended,  1947,  30  §  1 ;  paragraph  added 
at  end,  1937,  227;  same  paragraph  revised,  1938,  473  §  1;  same  para- 
graph revised,  1943,  43. 

Sect.  42  added,  under  caption  "milk  regulation  board",  1932, 
305  §  2;  revised,  1946,  496;  first  two  sentences  revised,  1953,  604  §  7. 


Chap.  6.]  GENERAL   LawS.  829 

Sects.  43-45  added,  1933,  120  §  2  (relative  to  the  alcoholic  beverages 
control  commission). 

Sect.  43  amended,  1933,  375  §  1;  next  to  last  sentence  revised,  1950, 
785. 

Sect.  44,  first  paragraph  revised,  1933,  376  §  1. 

Sect.  45  revised,  1941,  596  §  2. 

Sects.  46  and  47  added,  1933,  336  §  2  (relative  to  the  Greylock  reser- 
vation commission).    (See  1933,  336  §  3.) 

Sect.  48  added,  under  caption  "state  racing  commission",  1934, 
374  §  2;  last  paragraph  revised,  1941,  596  §  3. 

Sects.  49-52  added,  under  caption  "state  planning  board",  1935, 
475  §  2. 

Sect.  49  amended,  1936,  307;  1939,  451  §  1;  revised,  1941,  466  §  5; 
sentence  inserted  after  fourth  sentence,  1951,  596.  (See  1941,  466  §§  1-4, 
7A,  8.) 

Sect.  50A  added,  1941,  466  §  7  (relative  to  the  powers  and  duties  of 
the  state  planning  board  formerly  exercised  by  the  metropolitan  plan- 
ning division).    (See  1941,  466  §§  1-4,  7A,  8.) 

Sects.  49-52  repealed,  1953,  409  §  2. 

Sects.  53-55  added,  1945,  619  §  2  (establishing  a  Port  of  Boston 
Authority).    (See  1945,  619  §§  4-11.) 

Sect.  53,  caption  and  section  revised,  1953,  608  §  2  (estabUshing  the 
Port  of  Boston  Commission).     (See  1953,  608  §§  13-16.) 

Sect.  53A  added,  1953,  608  §  2  (establishing  an  advisory  council  to 
the  Port  of  Boston  Commission). 

Sect.  54  amended,  1953,  608  §  3. 

Sect.  55  amended,  1953,  608  §  4. 

Sect.  56  added,  1946,  368  §  3  (establishing  the  Massachusetts  Fair 
Employment  Practice  Commission);  first  sentence  of  third  paragraph 
revised,  1951,  588;  caption  revised  and  section  amended,  1950,  479  §  2; 
last  paragraph  amended,  1948,  411.    (See  1950,  479  §§  6,  7.) 

Sects.  57-59  added,  1946,  583  §  1  (relative  to  the  Massachusetts 
Aeronautics  Commission).  (See  G.  L.  90  §§  36-38,  repealed  by  1946, 
583  §  2.    See  also  1946,  583  §  4.) 

Sects.  59A-59C  added,  1948,  637  §  2  (establishing  the  State  Air- 
port Management  board).    (See  1948,  637  §§  4-9,  13;   663  §  4.) 

Sect.  59B,  sentence  added  at  end,  1948,  663  §  1.  (See  1948,  663 
§§  4,  5.) 

Sect.  60  added,  1946,  612  §  2  (establishing  the  Outdoor  Advertising 
Authority);  last  paragraph  revised,  1952,  468.    (See  1946,  612  §§  5,  6.) 

Sects.  61  and  62  added,  1947,  466  §  2  (establishing  the  Massachu- 
setts Public  Building  Commission);  caption  preceding  section  61 
stricken  out,  1953,  612  §  2;  both  sections  stricken  out,  1953,  612  §  3. 
(See  1947,  466  §§4-6;   1953,  612  §§  10-13.) 

Sect.  63  added,  1947,  513  §  2  (estabhshing  a  commission  on  alco- 
holism); repealed  and  heading  preceding  section  stricken  out,  1954, 
581  §  2.    (See  1954,  581  §§  4,  5.) 

Sect.  64  added,  1948,  260  §  3  (establishing  the  State  Housing  Board) ; 
sixth  sentence  stricken  out  and  two  sentences  inserted,  1949,  577; 
second  paragraph  amended,  1954,  396.    (See  1948,  260  §§5,  6.) 

Sects.  65-69  added,  1948,  310  §  2  (establishing  the  Youth  Service 
Board).    (See  1948,  310  §§  30,  31;  542.) 

Sect.  65  revised,  1952,  605  §  1.    (See  1952,  605  §§  19-21.) 


830  Changes  in  the  l^^-  ''• 

Sect.  66  revised,  1952,  605  §  2.    (See  1952,  605  §§  15,  19-21.) 
Sect.  67,  paragraph  (2)  stricken  out,  1952,  605  §  17.     (See  1952, 

605  §§  15,  19-21.) 
Sect.  68  repealed,  1952,  605  §  18.    (See  1952,  605  §§  15,  19-21.) 
Sects.  70  and  71  added,  1948,  476  §  2  (establishing  the  Board  of 

Trustees  of  the  Soldiers'  Home  in  Holyoke).     (See  1948,  476  §§  3,  4.) 
Sect.  72  added,  1951,  511  §  2  (establishing  the  weather  amendment 

board). 
Sect.  73  added,  1954,  537  §  2  (establishing  a  council  for  the  aging). 

(See  1954,  537  §  3.) 

Chapter  7.  —  Commission  on  Administration  and  Finance. 

Sect.  2  revised,  1948,  610  §  1.    (See  1948,  610  §§  6,  7.) 

Sect.  3  amended,  1946,  591  §  4;  revised,  1948,  610  §  2;  1951,  717  §  1; 
fifth  and  sixth  sentences  stricken  out  and  sentence  inserted,  1954,  332. 
(See  1948,610  §§6,7.) 

Sect.  4  revised,  1948,  610  §  4;  1951,  717  §  2.    (See  1948,  610  §§  6,  7.) 

Sects.  5A  and  5B  added,  1953,  612  §  4  (estabUshing  a  division  of 
building  construction).    (See  1953,  612  §§  10-13.) 

Sect.  6  revised,  1948,  610  §  3;  1950,  824;  amended,  1951,  558.  (See 
1948,  610  §§  6,  7.) 

Sect.  6 A  added,  1941,  433  §  3  (providing  for  the  appointment  of  the 
postmaster  and  assistant  postmaster  of  the  central  mailing  room  by  the 
Commission  on  Administration  and  Finance);  revised,  1950,  547  §  1. 
(See  1941,  433  §  4;   1950,  547  §  2.) 

Sect.  6B  added,  1951,  440  §  1  (establishing  first  aid  facilities  in  the 
state  house).    (See  1951,  440  §§  2,  3.) 

Sects.  6C  and  6D  added,  1953,  636  §  1  (relative  to  hospital  expenses 
for  pubhc  welfare  and  other  public  assistance  patients).  (See  1953, 
636  §§  6-9.) 

Sect.  7  amended,  1945,  457;  revised,  1948,  610  §  5;  paragraph 
added  at  end,  1949,  448;  same  paragraph  amended,  1950,  512;  1951, 
455;   revised,  1953,  526;   stricken  out,  1954,  680  §  1.     (See  1948,  610 

§§  ^'  ^-^  .....  •    .  .    .    •  • 

Sect.  7A  added,  1950,  698  (authorizmg  the  commissioner  of  adminis- 
tration to  enter  into  agreements  with  certain  towns  for  fire  protection 
of  certain  state  institutions). 

Sect.  13  revised,  1950,  272. 

Sect.  14  revised,  1950,  273. 

Sect.  15  amended,  1948,  254. 

Sect.  16  revised,  1950,  274;  first  sentence  amended,  1953,  40. 

Sect.  22,  clause  (17)  revised,  1933,  353  §  1. 

Sect.  23A  added,  1933,  353  §  2  (providing  a  preference  in  the  pur- 
chase of  supphes  and  materials  by  contractors  for  certain  state  work  in 
favor  of  domestic  supplies  and  materials). 

Sect.  25A  added,  1943,  344  §  2  (authorizing  the  state  purchasing 
agent  to  regulate  purchases  of  supplies  and  transfers  thereof  from  one 
state  agency  to  another);  revised,  1953,  201. 

Sect.  26  amended,  1939,  451  §  2. 

Sect.  28  revised,  1954,  680  §  2. 

Sect.  28A  added,  1954,  680  §  3  (relative  to  the  development  of  train- 
ing programs  for  certain  state  employees  by  the  division  of  personnel 
and  standardization). 


Chaps.  8,  9.]  GENERAL   LaWS.  831 

Sect.  29  amended,  1945,  580  §  4.    (See  1945,  580  §  9.) 

Sect.  30  amended,  1952,  144. 

Sects.  30A-30J  added,  1953,  612  §  5  (relative  to  public  building  con- 
struction).    (See  1953,  612  §§  10-13.) 

Sect.  30K  added,  1953,  636  §  2  (relative  to  the  annual  determination 
by  the  director  of  hospital  costs  of  the  all-inclusive  per  diem  cost  for 
care  of  patients  in  each  hospital,  sanatorium  and  infirmary  licensed  by 
the  department).    (See  1953,  636  §§  7  and  9.) 

Sect.  31  revised,  1950,  275. 

Sect.  31 A  added,  1953,  504  (providing  for  recognition  of  state  em- 
ployees' suggestions  which  increase  the  efficiency  of  state  government)  ; 
revised   1954  546 

Sect.  33  revised,  1939,  499  §  1;  1945,  292  §  1. 

Sect.  34  revised,  1950,  276. 


Chapter  8.  —  State  Superintendent  of  Buildings,  and  State  House. 

Sects.  1-12  affected,  1935,  327;   1941,  627  §  3. 

Sect.  1  revised,  1938,  249  §  1.     (See  1938,  249  §  6.) 

Sect.  4  amended,  1935,  251;   revised,  1937,  84  §  1;    1938,  249  §  2. 

(See  1937,  84  §  2;   1938,  249  §  6.) 
Sect.  5  revised,  1935,  460  §  1;   amended,  1938,  387  §  1;    1946,  591 

§  5.     (See  1935,  460  §  2;   1938,  387  §  2.) 
Sect.  6  revised,  1953,  612  §  6.    (See  1953,  612  §§  10-13.) 
Sect.  9  amended,  1938,  249  §  3.     (See  1938,  249  §  6.) 
Sect.  10  amended,  1938,  249  §  4;  1943,  440  §  1.     (See  1938,  249  §  6.) 
Sect.  lOA  revised,  1933,  170;    1941,  267;   amended,  1943,  440  §  2; 

revised,  1945,  706;  paragraph  inserted  before  last  sentence,  1952,  391; 

sentence  added  at  end,  1946,  585;  last  sentence  stricken  out  and  para- 
graph inserted,  1953,  638. 

Sect.  12  revised,  1938,  249  §  5;  sentence  inserted  after  "officers"  in 

line  12,  1947,  66.     (See  1938,  249  §  6.) 

Sect.  16A  added,  1948,  190  §  1  (providing  for  the  preservation  of 

room  numbered  twenty-seven  in  the  state  house  as  a  memorial  and 

shrine  to  the  Grand  Army  of  the  Republic). 

Sect.  17  amended,  1932,  188  §  1;    1933,  199  §  1;    1947,  350  §  1; 

revised,  1948,  190  §  2;   amended,  1951,  807;   revised,  1952,  300,  390; 

■1953,  664. 

Sect.  18  amended,  1932,  188  §  2;  1933,  199  §  2;  1947,  350  §  2. 

Chapter  9.  —  Department  of  the  State  Secretary. 

Sect.  1  amended,  1946,  591  §  6;  revised,  1949,  789  §  1.  (See  1949, 
789  §  5.) 

Sect.  2  revised,  1935,  416;   1939,  283;  1941,  587. 

Sect.  6  amended,  1934,  25  §  1. 

Sect.  7  amended,  1934,  25  §  2;   1939,  342  §  1. 

Sect.  9  amended,  1934,  127. 

Sect.  15  amended,  1934,  19. 

Sect.  17  amended,  1934,  37;  revised,  1936,  31  §  1. 

Sect.  20  added,  1935,  402  (regulating  the  publication  and  sale  of  the 
Massachusetts  Reports  and  of  the  advance  sheets  of  the  opinions  and 
decisions  of  the  Supreme  Judicial  Court);  revised,  1943,  426. 


832  Changes  in  the  [Chaps.  10-12. 

Sects.  21-25  added,  under  the  caption  "commission  on  interstate 
co-operation",  1937,  404  §  1  (establishing  a  commission  on  interstate 
co-operation  as  successor  to  the  commission  on  interstate  compacts 
affecting  labor  and  industries  and  defining  its  powers  and  duties,  and 
providing  for  a  commission  required  to  be  established  under  an  inter- 
state compact  on  the  minimum  wage).     (See  1937,  404  §§  2,  3.) 

Sect.  21  amended,  1941,  394  §  1;   1953,  409  §  5. 

Sect.  23  amended,  1941,  394  §  2. 

Sect.  25  repealed,  1943,  255  §  2.     (See  1943,  255  §  3.) 

Chapter  10.  —  Department  of  the  State  Treasurer. 

For  temporary  legislation  establishing  an  emergency  finance  board, 
and  defining  its  powers  and  duties,  see  1933,  49. 

Sect.  1  amended,  1946,  591  §  7;  revised,  1949,  789  §  2.  (See  1949, 
789  §  5.) 

Sect.  5,  first  sentence  revised,  1941,  596  §  4;   1945,  489. 

Sect.  7  revised,  1948,  533. 

Sect.  8  amended,  1932,  180  §  1;  revised,  1943,  427  §  1. 

Sect.  8A,  last  sentence  stricken  out,  1950,  314. 

Sect.  11  revised,  1939,  499  §  2;  amended,  1945,  292  §  2. 

Sect  16  amended,  1954,  419  §  5A. 

Sect.  17  amended,  1941,  194  §  1. 

Sect.  17A  added,  1943,  362  §  2  (providing  for  the  receipt  and  dis- 
posal, by  the  state  treasurer,  of  certain  gifts  made  to  the  commonwealth 
for  military  purposes). 

Sect.  18  revised,  1945,  658  §  2.     (See  1945,  658  §  11.) 

Sect.  19  revised,  1945,  658  §  3.     (See  1945,  658  §  11.) 

Chapter  11.  —  Department  of  the  State  Auditor. 

Sect.  1  amended,  1946,  591  §  8;  revised,  1949,  789  §  3.    (See  1949, 
789  §  5.) 
Sect.  2,  first  sentence  revised,  1941,  596  §  5. 
Sect.  5  revised,  1946,  591  §  9. 

Chapter    12.  —  Department    of    the    Attorney    General,    and    the    District 

Attorneys. 

Sect.  1  amended,  1946,  591  §  10;  revised,  1949,  789  §  4.  (See  1949, 
789  §  5.) 

Sect.  2  amended,  1934,  133  §  1;  revised,  1941,  647  §  2.  (See  1934, 
133  §  2.) 

Sect.  3,  last  sentence  amended,  1932,  180  §  2;  section  amended, 
1943,  83  §  1. 

Sect.  3B  amended,  1933,  318  §  1;  1934,  291  §  1;  first  paragraph 
amended,  1953,  544;  paragraph  inserted  after  first  paragraph,  1943, 
409  §  3.    (See  1933,  318  §  9;   1934,  291  §  6.) 

Sect.  3C  added,  1947,  337  (authorizing  the  attorney  general  to  settle 
certain  claims  against  state  officers  and  employees  without  suit  being 
brought) ;  second  paragraph  revised,  1949,  567. 

Sect.  3D  added,  1954,  326  (relative  to  indemnification  or  protection 
of  certain  state  officers  and  employees  in  connection  with  actions  for 
personal  injuries). 


Chap.  13.]  GENERAL   LawS.  833 

Sect.  6A  added,  1947,  238  (authorizing  the  attorney  general  to  call 
conferences  of  district  attorneys,  sheriffs  and  police  officials  of  cities  and 
towns);  paragraph  added  at  end,  1954,  654. 

Sects.  8A-8I  added,  1954,  529  §  1  (establishing  a  division  of  public 
charities) . 

Sect.  11  amended,  1939,  499  §  3;   1945,  292  §  3. 

Sect.  13  revised,  1948,  423  §  1.     (See  1948,  423  §  7.) 

Sect.  14,  paragraph  in  lines  5  and  6  revised,  1935,  209;  paragraph 
in  Hnes  7  and  8  revised,  1935,  433  §  1;  section  revised,  1935,  458  §  1; 
next  to  last  paragraph  revised,  1941,  470  §  1;  paragraph  added  at  end, 
1948,  239  §  1;  section  revised,  1948,  423  §  2;  amended,  1951,  432  §  1; 
1954,  488  §  1.     (See  1948,  423  §  7.) 

Sect.  15  revised,  1935,  458  §  2;  paragraph  in  line  8  revised,  1937, 
279  §  1;  section  revised,  1947,  675  §  1;  sixth  paragraph  stricken  out  and 
two  paragraphs  inserted,  1948,  423  §  3;  section  revised,  1951,  804  §  1; 
amended,  1954,  441.    (See  1947,  675  §  4;   1948,  423  §  7;  1951,  804  § 

4-) 

Sect.  16,  paragraph  in  hnes  9-11  revised,  1935,  433  §  2;    section 

revised,  1935,  458  §  3;    paragraph  in  lines  23  and  24  revised,  1937, 

279  §  2;  next  to  last  paragraph  revised,  1941,  470  §  2;  section  revised, 

1947,  675  §  2;  paragraph  added  at  end,  1948,  239  §  2;  section  revised, 

1948,  423  §  4,  fifth  paragraph  revised.  1951.  432  §  2;  ninth  paragraph 
revised,  1949,  680;  section  revised,  1951,  804  §  2;  amended,  1954, 
488  §  2.    (See  1947,  675  §  4;   1948,  423  §  7;   1951,  804  §  4.) 

Sect.  18  amended,  1948,  423  §  5.   (See  1948,  423  §  7.) 
Sect.  20A  revised,  1947,  675  §  3;   last  sentence  revised,  1951,  804  §  3. 
(See  1947,  675  §  4;  1951,  804  §  4.) 
Sect.  22  revised,  1948,  423  §  6.     (See  1948,  423  §  7.) 
Sect.  24  amended,  1948,  111. 
Sect.  25  amended,  1937,  64  §  1. 

Chapter  13.  —  Department  of  Civil  Service  and  Registration. 

Sect.  1  revised,  1939,  238  §  1.    (See  1939,  238  §§  52-55.) 

Sect.  2  revised,  1939,  238  §  2;  first  paragraph  amended,  1945,  681 
§  1;  second  paragraph  amended,  1946,  591  §  11;  1948,  580;  1950, 
821  §  2;  1951,  716;  paragraph  inserted  after  second  paragraph,  1941, 
403.    (See  1939,  238  §§  52-55;   1945,  681  §  2.) 

Sect.  2A  added,  1939,  238  §  3  (relative  to  the  appointment  and  com- 
pensation of  civil  service  commissioners) ;  fourth  sentence  revised,  1941, 
457;  same  sentence  amended,  1945,  725  §  6;  section  revised,  1946,  591 
§  12;  fourth  sentence  revised,  1948,  575;  1950,  821  §  1;  1951,  589; 
1952,  473.    (See  1939,  238  §§  52-55.) 

Sect.  3  amended,  1932,  180  §  3;  revised,  1939,  238  §  4.  (See  1939, 
238  §§  52-55.) 

Sect.  4  revised,  1939,  238  §  5. 

Sect.  5  revised,  1939,  238  §  6. 

Sect.  6  revised,  1939,  238  §  7. 

Sect.  8  amended,  1934,  329;  1946,  591  §  13;  1948,  601  §  1;  1949, 
787;   1952,  627  §  1.    (See  1948,  601  §  2;   1952,  627  §  2.) 

Sect.  9A  added,  1945,  376  (authorizing  the  director  of  registration 
to  make  certain  rules  and  regulations  governing  the  conduct  of  exami- 
nations by  the  several  boards  of  registration  and  examination). 


834  Changes  in  the  [Chap.  13. 

Sect.  10  amended,  1932,  8;   1939,  36. 

Sect.  11  amended,  1937,  379;  last  sentence  revised,  1953,  529. 

Sect.  12  repealed,  1937,  425  §  13.    (See  1937,  425  §  15.) 

Sects.  12A-12C  added,  under  the  heading  "board  of  registration 
IN  CHIROPODY  (podiatry)",  1937,  425  §  1.    (See  1937,  425  §§  14,  15.) 

Sect.  12A,  third  sentence  stricken  out,  1952,  73. 

Sect.  12B  revised,  1950,  315. 

Sects.  13-15  and  the  heading  before  section  13  stricken  out  and  new 
sections  13-15D  added  under  heading  ''board  of  registration  in 
nursing",  1941,  620  §  2.    (See  1941,  620  §§  1,  4-12.) 

Sect.  13  amended,  1953,  350  §  1. 

Sect.  14A  amended,  1953,  350  §  2. 

Sect.  15A  amended,  1952,  585  §  19;  revised,  1953,  350  §  3. 

Sect.  17  revised,  1934,  339  §  1. 

Sect.  20  revised,  1946,  550  §  1 ;  1947,  417. 

Sect.  23  revised,  1952,  625  §  1;  1953,  280  §  1.  (See  1952,  625  §  3; 
1953,  280  §  3.) 

Sect.  24  revised,  1952,  625  §  2;   1953,  280  §  2.     (See  1952,  625  §  3; 

1953,  280  §  3.) 

Sect  25  revised,  1941,  596  §  6;   1951,  577. 

Sect.  26  amended,  1950,  192. 

Sect.  28  amended,  1948,  647. 

Sect.  29  and  its  caption  stricken  out  and  new  section  inserted,  under 
the  caption  "board  of  registration  in  embalming  and  funeral 
directing",  1936,  407  §  1;  revised,  1954,  653  §  1.  (See  1936,  407  §§  5-8; 

1954,  653  §§  4,  7.) 

Sect.  30  revised,  1954,  653  §  1.    (See  1954,  653  §§  6,  7.) 

Sect.  31  revised,  1936,  407  §  2;  1946,  591  §  14:  1954,  653  §  1.  (See 
1936,  407  §§  5-8;   1954,  653  §§  6,  7.) 

Sect.  32  revised,  1935,  420  §  1;  amended,  1939,  238  §  8;  1952, 
585  §  20;  first  sentence  revised,  1954,  238.    (See  1935,  420  §  2.) 

Sect.  35,  first  sentence  revised,  1953,  510  §  1. 

Sect.  36,  first  sentence  revised,  1945,  517  §  1;  second  paragraph 
revised,  1941,  596  §  7;  third  paragraph  revised,  1951,  691  §  2.  (See 
1945,  517  §  2;   1951,  691  §  1.) 

Sect.  39  amended,  1941,  385  §  1;  1947,  509  §  1.  (See  1941,  385 
§  2;   1947,  509  §  2.) 

Sect.  40  amended,  1933,  149  §  1;  two  sentences  added  at  end,  1934, 
299  §  1.    (See  1934,  299  §  2.) 

Sect.  41  amended,  1938,  337  §  1;  1946,  591  §  15;  revised,  1953,  556. 
(See  1938,  337  §  2.) 

Sects.  42-44  added,  under  caption  "board  of  registration  of 
hairdressers",  1935,  428  §  1.    (See  1935,  428  §§  5,  7.) 

Sect.  42,  two  sentences  inserted  after  first  sentence,  1949,  580  §  1. 

Sect.  43  amended,  1937,  385  §  1;  second  sentence  revised,  1949, 
580  §  2. 

Sect.  44  amended,  1946,  591  §  16;  revised,  1951,  561. 

Sects.  44A-44D  added,  under  caption  "board  of  registration  of 
architects",  1941,  696  §  1.    (See  1941,  696  §§  3,  4.) 

Sects.  45-47  added,  under  caption  "board  of  registration  of  pro- 
fessional engineers  and  of  land  surveyors",  1941,  643  §  1.  (See 
1941,  643  §§  3-5.) 

Sect.  47  amended,  1941,  722  §  lA. 


Chaps.  14,  15.]  GeNEEAL   LawS.  835 


Chapter  14.  —  Department  of  Corporations  and  Taxation. 

Chapter  stricken   out  and  new  chapter  14  inserted,  1953,  654  §  1.     (See 
1953,  654  §§  103-109.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1952. 

Sect.  1,  sentence  added  at  end,  1954,  429. 

Sect.  4,  subdivision  1  of  second  paragraph  amended,  1954,  681  §  3. 
(See  1954,  681  §§  20,  22.) 


Chapter  15.  —  Department  of  Education. 

Sect.  1  revised,  1947,  652  §  1. 

Sects.  lA-lC  added,  1947,  652  §  2  (establishing  a  board  of  educa- 
tion which  shall  have  supervision  and  control  of  the  department  of 
education).    (See  1947,  652  §§  14,  15.) 

Sects.  IB  and  IC  revised,  1952,  585  §  1.    (See  1952,  585  §§  25,  26.) 

Sect.  2  amended,  1946,  591  §  18;  repealed,  1947,  652  §  13. 

Sect.  2A  added,  1946,  531  (providing  for  a  deputy  commissioner  of 
education,  and  estabhshing  his  powers  and  duties);  repealed,  1947, 
652  §  13. 

Sect.  3  amended,  1941,  138;  repealed,  1947,  652  §  13. 

Sect.  3A  added,  1943,  549  §  1  (establishing  a  board  of  collegiate 
authority  in  the  department  of  education) ;  revised,  1947,  652  §  3. 

Sect. '4  revised,  1939,  409  §  2;  last  sentence  revised,  1947,  344  §  2; 
section  revised,  1947,  652  §  4;  1952,  585  §  2;  third  sentence  revised, 
1954,  514  §  1;  amended,  1953,  407  §  4.  (See  1939,  409  §§  1,  5;  1952, 
585  §§  25,  26;  1953,  407  §§  7,  8.) 

Sect.  5  revised,  1941,  596  §  9;  1947,  652  §  5;  1952,  585  §  3.  (See 
1952,  585  §§  25,  26.) 

Sect.  6  revised,  1947,  652  §  6. 

Sect.  6A  amended,  1938,  446  §  13;  revised,  1941,  531;  1946,  552  §  1; 
1947,  652  §  7;   1952,  630  §  1.    (See  1938,  446  §  14.) 

Sect.  6B  added,  1941,  676  §  1  (relative  to  the  supervisor  of  guidance 
and  placement);  revised,  1947,  652  §  8.  (See  1941,  646;  1947,  652 
§  13.) 

Sect.  8,  caption  preceding  section  revised,  1952,  585  §  4;  section 
amended,  1952,  585  §  5.    (See  1952,  585  §§  25,  26.) 

Sect.  9  amended,  1952,  585  §  6.    (See  1952,  585  §§  25,  26.) 

Sect.  11  revised,  1952,  585  §  7.    (See  1952,  585  §§  25,  26.) 

Sect.  12  revised,  1935,  367;  1939,  409  §  3.     (See  1939,  409  §§  1,  5.) 

Sect.  13A  added,  1951,  676  §  1  (estabhshing  certain  bureaus  in  the 
division  of  the  blind). 

Sect.  15  revised,  1951,  676  §  2. 

Sect.  15A  added,  1954,  514  §  2  (estabhshing  a  division  of  special 
education  for  mentally  retarded  children). 

Sect.  16  revised,  1945,  658  §  4.     (See  1945,  658  §  11.) 

Sect.  17  revised,  1945,  658  §  5.     (See  1945,  658  §  11.) 

Sect.  18  revised,  1945,  658  §  6.     (See  1945,  658  §  11.) 

Sect.  19  amended,  1942,  1  §  2;  revised,  1946,  257  §  7;  1947,  344  §  3; 
amended,  1953,  407  §  5;  1953,  488  §  2.    (See  1942,  1  §  9;  1953,  488  §  4.) 

Sect.  20,  caption  preceding  section  changed,  1947,  344  §  4;  section 
amended,  1947,  344  §  5. 


836  Changes  in  the  [Chaps.  I6-I8. 

Sect.  21,  caption  preceding  section  changed,  1946,  257  §  9;  section 
revised,  1946,  257  §  8;  amended,  1953,  488  §  3.    (See  1953,  488  §  4.) 

Sect.  22,  caption  preceding  section  changed,  1942,  1  §  3;  section 
amended,  1942,  1  §  4;  revised,  1954,  594  §  1.  (See  1942,  1  §  9;  1954, 
594  §  2.) 

Sect.  24  and  caption  preceding  said  section  revised,  1953,  407  §  6. 
(See  1953,  407  §§  7,  8.) 

Chapter  16.  —  Department  of  Public  Works. 

Sect.  2  amended,  1946,  591  §  19;  revised,  1949,  788  §  1;  amended, 
1950,  776  §  1.     (See  1949,  788  §  2;   1950,  776  §  2.) 

Sect.  4  amended,  1947,  472  §  1.     (See  1947,  472  §  2.) 

Sect.  5  revised,  1941,  596  §  10;  two  sentences  added  at  end,  1945, 
308;  section  revised,  1946,  234  §  1;  amended,  1947,  586;  third  sentence 
revised,  1950,  708.     (See  1946,  234  §  2.) 

Sect.  5A  added,  1938,  407  §  1  (establishing  a  division  of  waterways 
in  the  department  of  pubUc  works);  amended,  1946,  591  §  20.  (See 
1941,  695  §  14;   1946.  582  §  5.) 

Sect.  5B  added,  1953,  666  §  1  (estabUshing  a  division  of  public  beaches 
in  the  department  of  pubUc  works).    (See  1953,  666  §§  3-5.) 

Sect.  6  amended,  1935,  418  §  1;  1939,  393  §  2;  1945,  241  §  2;  re- 
vised, 1948,  201  §  1.    (See  1939,  393  §  5;  1945,  241  §  3;  1948,  201  §  4.) 

Sect.  8  added,  1947,  472  §  3  (relative  to  the  powers  and  duties  of 
the  public  works  building  police). 

Chapter  17.  —  Department  of  Public  Health. 

Sect.  2  amended,  1946,  591  §  21;   1947,  658  §  1;   1950,  794. 

Sect.  3  revised,  1939,  233  §  1;  amended,  1946,  591  §  22.  (See  1939, 
233  §§2  3.) 

Sect.  4  revised,  1941,  596  §  11;  725  §  1.     (See  1941,  725  §§  4-6.) 

Sect.  5  revised,  1948,  323. 

Sect.  5A  added,  1947,  658  §  2  (increasing  the  salary  of  the  director 
of  sanitary  engineering  and  chief  sanitary  engineer  in  the  department 
of  pubhc  health);  repealed,  1954,  564  §  1.    (See  1954,  564   §§  2,  3.) 

Sect.  6  revised,  1941,  725  §  2.     (See  1941,  725  §§  4-6.) 

Sect.  7  revised,  1941,  725  §  3.     (See  1941,  725  §§  4-6.) 

Chapter  18.  —  Department  of  Public  Welfare. 

Sect.  2  amended,  1946,  591  §  23;  1950,  770;  revised,  1952,  602  §  1; 

1954,  646  §  2.  (See  1952,  602  §§  15-18.) 
Sect.  3  revised,  1952,  602  §  2;  1954,  646  §  3.  (See  1952,  602  §§  15-18.) 
Sect.  4  revised,  1952,  602  §  3.  (See  1952,  602  §§  15-18.) 
Sect.  5  revised,  1948,  310  §  23;  1952,  602  §  4.  (See  1948,  310  §  31; 

1952,  602  §§  15-18.) 
Sect.  7  amended,  1935,  311  §  1;  revised,  1941,  596  §  12;  1952, 

602  §  5.  (See  1952,  602  §§  15-18.) 

Sect.  8  revised,  1941, 351  §  2;  1952,  602  §  6.  (See  1952,  602  §§  15-18.) 
Sect.  9  revised,  1941,  596  §  13;  1952,  602  §  7.    (See  1952,  602  §§  15- 

18.) 
Sects.  lOA-lOC  added,  1952,  602  §  8  (relative  to  the  powers  and 

duties  of  the  director  of  the  administrative  division  of  the  department). 

(See  1952,  602  §§  15-18.) 


Chaps.  19,  21.]  GENERAL  Laws.  837 

Sect.  11  repealed,  1945,  336  §  1. 

Sect.  15  amended,  1945,  336  §  2. 

Sects.  11-16  repealed  and  heading  preceding  section  11  stricken  out, 
1948,  310  §  24.     (See  1948,  310  §  31.) 

Sects.  17  and  18  added,  under  caption  "state  board  of  housing", 
1933,  364  §  1  (establishing  within  the  department  a  state  board  of 
housing) . 

Sect.  17  amended,  1935,  449  §  1;  1938,  485  §  1;  repealed,  1948, 
260  §  1.     (See  1938,  485  §  2;   1948,  260  §§  5,  6.) 

Sect.  18  amended,  1935,  449  §  lA;  first  sentence  revised,  1941, 
596  §  14;  repealed,  1948,  260  §  1.     (See  1948,  260  §§  5,  6.) 

Chapter  19.  —  Department  of  Mental  Health  (former  title.  Department  of 

Mental  Diseases). 

Sect.  1  revised,  1938,  486  §  2;  1939,  511  §  1.  (See  1938,  486  §§  1, 
21,  22;  1939,  511  §  3.) 

Sect.  2  revised,  1938,  486  §  3;  1939,  511  §  2;  1946,  591  §  24;  1951, 
722.  (See  1938,  486  §§  21,  22;  1939,  511  §  3.) 

Sect.  3  repealed,  1938,  486  §  4. 

Sect.  4  revised,  1938,  486  §  5.  (See  1938,  486  §§21,  22.) 

Sect.  4A  amended,  1938,  486  §  6.  (See  1938,  486  §§  21,  22.) 

Sect.  5  amended,  1935,  314  §  2,  421  §  3;  1950,  684  §  2;  1954,  469  §  3. 
(See  1935,  421  §§  5,  6;  1950,  684  §§  11,  12;  1954,  469  §  6.) 

Sect.  7  added,  1950,  764  (establishing  a  board  of  appeal  in  the  de- 
partment of  pubhc  health) ;  repealed,  1953,  477. 

Chapter  20.  —  Department  of  Agriculture. 

Sect.  2  amended,  1946,  591  §  25. 

Sect.  4  amended,  1933,  74  §  1;  revised,  1934,  340  §  1;  amended,  1941, 
490  §  2;  revised,  1941,  596  §  15;  amended,  1943,  447;  revised,  1953, 
594  §  1.    (See  1934,  340  §  18.) 

Sect.  6  added,  1934,  340  §  2  (experts  and  assistants  in  division  of 
Uvestock  disease  control) ;  revised,  1953,  594  §  2.    (See  1934,  340  §  18.) 

Sects.  1-6  revised,  1954,  674  §  1.    (See  1954,  674  §§  3-5.) 

Sects.  7-9  added,  under  caption  "division  of  milk  control",  1941, 
691  §  1.    (See  1941,  691  §§  3-6.) 

Sect.  7  revised,  1945,  497  §  1;  second  sentence  amended,  1951,  690; 
section  revised,  1953,  604  §  1;  amended,  1954,  674  §  2;  third  paragraph 
amended,  1954,  484.    (See  1945,  497  §  2;   1953,  604  §§  6,  8.) 

Sect.  8  revised,  1953,  604  §  1. 

Sect  9  revised   1953  604  §  1. 

(For  prior  temporary 'legislation  see  1934,  376;  1936,  300;  1938,  334; 
1939,  413;   1941,  418  §  1;  631  §  1.) 

Chapter  21.  —  Department  of  Natural  Resources  (former  title.  Department 

of  Conservation). 

Chapter  stricken  out  and  new  chapter  21  inserted,  1948,  651  §  1.  (See 
1948,  651   §§  2-7.) 

Chapter  stricken  out  and  new  chapter  (with  new  title)  inserted,  1953, 
631  §  1.     (See  1953,  631  §§  2-12.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1952. 


838  Changes  in  the  [Chaps.  22, 23. 


Chapter  22.  —  Department  of  Public  Safety. 

Sect.  2  amended,  1946,  591  §  32;  1948,  517  §  1;  1949,  690;  1951, 
570.     (See  1948,  517  §  2.) 

Sect.  3,  paragraph  added  at  end,  1954,  650. 

Sect.  4  revised,  1946,  591  §  33;   1948,  634  §  1.     (See  1948,  634  §  3.) 

Sect.  4A  added,  1948,  634  §  2  (providing  for  the  appointment  of  a 
chief  of  inspections  in  the  department  of  pubUc safety);  amended,  1951, 
721.     (See  1948,  634  §  3.) 

Sect.  5  revised,  1953,  644. 

Sect.  7A  amended,  1948,  318. 

Sect.  7B  added,  1945,  631  (relative  to  payment  of  compensation  for 
injuries  or  death  of  officers  or  inspectors  of  the  department  of  public 
safety  performing  police  services). 

Sect.  7C  added,  1952,  595  (providing  that  no  deductions  shall  be 
made  from  the  salaries  of  state  police  officers  for  their  subsistence). 

Sect.  9 A,  sentence  added  at  end,  1939,  503  §  4;  same  sentence  re- 
vised, 1943,  175;  last  sentence  of  first  paragraph  revised,  1954,  313  §  1; 
paragraph  added  at  end,  1947,  407;    1949,  502.    (See  1939,  503  §  5.) 

Sect.  9B  amended,  1939,  508  §  11. 

Sect.  9C  added,  1933,  239  (relative  to  the  uniform  of  members  of 
the  state  police). 

Sect.  9D  added,  1945,  694  (relative  to  time  off  for  certain  members 
of  the  division  of  state  poUce);  amended,  1949,  487;  revised,  1954, 
489  §  1.    (See  1954,  489  §  2.) 

Sect.  9E  added,  1951,  335  (relative  to  training  schools  for  local 
police  officers). 

Sect.  9F  added,  1953,  474  §  1  (establishing  a  board  of  teletype-writer 
regulations  in  the  department  of  public  safety).     (See  1953,  474  §  2.) 

Sect.  11  revised,  1945,  643  §  1.     (See  1945,  643  §  3.) 

Sect.  13  added,  1943,  544  §  1  (establishing  within  the  department 
of  public  safety,  a  board  of  standards  and  appeals) ;  revised,  1945,  645 
§  1;  first  two  sentences  revised,  1945,  722  §  3;  1946,  522.  (See  1943, 
544  §  7;   1945,  645  §§  5,  6;  722  §  4.) 

Sect.  14  added,  1945,  710  §  1  (establishing  within  the  department  of 
public  safety  a  board  of  fire  prevention  regulations).  (See  1945, 710  §  18.) 

Chapter  23.  —  Department  of  Labor  and  Industries. 

Sect.  2  revised,  1943,  321;  1946,  591  §  34;  amended,  1950,  707; 
1951,  560. 

Sect.  3  amended,  1934,  331  §  1;  second  and  third  sentences  revised, 
1935,  479  §  1;  third  sentence  revised,  1941,  490  §  4;  1954,  578  §  1. 
(See  1935,  479  §  7.) 

Sect.  4  amended,  1934,  331  §  2;  1935,  479  §  2;  first  two  sentences 
amended,  1939,  261  §  1;  section  amended,  1941,  490  §  5;  first  two  sen- 
tences revised,  1941,  596  §  16;  same  two  sentences  revised,  1941,  707  §  1. 
(See  1939,  261  §  25.) 

Sect.  5  amended,  1935,  479  §  3.     (See  1935,  479  §  7.) 

Sect.  8  amended,  1939,  261  §  2.     (See  1939,  261  §  25.) 

Sect.  9  revised,  1935,  60  §  1. 

Sect.  9A  revised,  1932,  99;   repealed,  1933,  73. 

Sect.  9B  repealed,  1933,  73. 


Chap.  23A.]  GENERAL   LaWS.  839 

Sect.  9C  revised,  1932,  187;  repealed,  1933,  73. 

Sect.  9D  repealed,  1939,  261  §  3. 

Sect.  9E  amended,  1941,  490  §  6. 

Sect.  9G  amended,  1939,  459  §  2.     (See  1939,  459  §  3.) 

Sect.  9H  revised,  1933,  362;  1939,  261  §  4. 

Sects.  9I-9N  added,  1935,  479  §  4  (establishing  the  Unemployment 
Compensation  Commission,  and  defining  its  powers  and  duties) ;  same 
sections  revised  and  the  powers  and  duties  of  the  commission  conferred 
and  imposed  upon  the  director  of  the  division  of  unemployment  com- 
pensation, 1939,  20  §  1;  name  of  said  division  changed  to  division  of 
employment  security,  1941,  685  §  4.  (See  1935,  479  §§  6,  7;  1939, 
20  §§  6,  7,  8,  9.) 

Sect.  91  paragraph  (a)  revised,  1941,  685  §  4;  709  §  4;  paragraph 
(6)  revised,  1941,  596  §  17;  1946,  591  §  35;  section  revised,  1950,  792. 
(See  1941,  685  §  6;  709  §§  1-3.) 

Sect.  9K,  first  sentence  revised,  1941,  709  §  5;  fourth  sentence  (as 
appearing  in  1939,  20  §  1)  revised,  1947,  610  §  1.     (See  1941,  709  §§  1-3.) 

Sect.  9L  amended,  1941,  709  §  6. 

Sect.  9N,  paragraph  (6)  revised,  1941,  611  §  1;  section  revised,  1941, 
685  §  5;  paragraph  (a)  amended,  1947,  610  §  2;  paragraph  (6)  amended, 
1946,  591  §  36;  1949,  720;  1951,  763  §  21  A.  (See  1941,  611  §§  2,  3, 
685  §  6;   1951,  763  §  22.) 

Sects.  90-9R  added,  under  the  caption  "labor  relations  com- 
mission", 1938,  345  §  1  (incorporating  the  provisions  of  1937,  436 
relative  to  the  labor  relations  commission  as  an  addition  to  the  general 
laws).     (See  1938,  345  §§3,  4.) 

Sect.  9P,  first  sentence  revised,  1950,  709 ;  second  sentence  amended, 
1950,  691  §  2. 

Sect.  11 A  (and  caption)  added,  1934,  331  §  3  (division  of  occupational 
hygiene). 

Sects.  IIB-IID  added,  under  the  caption  "the  Massachusetts 
DEVELOPMENT  AND  INDUSTRIAL  COMMISSION",  1937,  427  (establishing 
the  Massachusetts  development  and  industrial  commission  for  the 
promotion  and  development  of  the  industrial,  agricultural  and  recrea- 
tional resources  of  the  commonwealth). 

Sect.  IIC  revised,  1941,  596  §  17A. 

Sect.  IID,  paragraph  added  at  end,  1950,  652. 

Sects.  IIB-IID  repealed,  1953,  409  §  3. 

Sects.  IIE-IIL  added,  under  the  caption  "division  of  apprentice 
training",  1941,  707  §  2.  (For  prior  temporary  legislation  see  1938, 
448;  1939,471.) 

Sect.  UK,  first  paragraph  amended,  1954,  681  §  4.  (See  1954,  681 
§§  20,  22.) 

Sects.  UM-UO  added,  1954,  578  §  2  (estabhshing  a  council  on  the 
employment  of  the  aging) . 

Sects.  14-23  added,  1953,  314  §  1  (establishing  a  division  of  indus- 
trial accidents  within  the  department  of  labor  and  industries).  (See 
1953,  314  §§  7-13.) 

Chapter  23A.  —  Department  of  Commerce. 
New  chapter  inserted,  1953,  409  §  1.     (See  1953,  409  §§  9-13.) 

Sect.  6,  clause  (z)  added,  1954,  643  §  3. 


840  Changes   in  the  [Chaps.  24-26. 

Chapter  24.  —  Department  of  Industrial  Accidents. 
Chapter  repealed,  1953,  314  §  14. 

Chapter  25.  —  Department  of  Public  Utilities. 

Sect.  2  amended,  1946,  591  §  38;  1950,  807;  sentence  inserted  after 
third  sentence,  1953,  296  §  1.    (See  1953,  296  §  2.) 

Sect.  3  revised,  1949,  257. 

Sect.  4  revised,  1938,  221;  paragraph  added  at  end,  1951,  101. 

Sect.  4A  added,  1950,  526  (relative  to  the  place  of  holding  certain 
hearings  on  rates  or  reductions  in  service);  revised,  1953,  327. 

Sect.  5  revised,  1953,  575  §  1.    (See  1953,  575  §  2.) 

Sect.  5A  revised,  1952,  453. 

Sect.  8A  added,  1939,  442  §  2  (authorizing  the  appointment  of  em- 
ployees for  the  administration  and  enforcement  of  the  sale  of  securities 
law). 

Sect.  9A  added,  1933,  76  §  2  (providing  for  certain  employees  serv- 
ing directly  under  the  commission  of  the  department  to  perform  its 
duties  relative  to  smoke  abatement  in  Boston  and  vicinity) ;  repealed, 
1934,  352  §  2. 

Sect.  10  amended,  1933,  76  §  3;  1934,  352  §  3;  1939,  442  §  3. 

Sect.  lOA  added,  1933,  76  §  4  (providing  for  the  apportionment  of 
expenses  incurred  by  the  department  in  the  performance  of  its  duties 
relative  to  smoke  abatement  in  Boston  and  vicinity);  repealed,  1934, 
352  §  4. 

Sects.  11  and  12  repealed,  1935,  411  §  1.     (See  1935,  411  §  2.) 

Sect.  12A  revised,  1938,  445  §  1;  repealed,  1939,  442  §  1. 

Sect.  12B  revised,  1932,  290  §  2;  repealed,  1939,  442  §  1. 

Sects.  12C-12F  repealed,  1933,  76  §  1;  new  sections  12C-12E  added, 
under  caption  "division  of  smoke  inspection",  1934,  352  §  1;  re- 
pealed, 1954,  672  §  1.    (See  1954,  672  §§  2,  5,  6.) 

Sect.  12C  revised,  1941,  596  §  18;  repealed,  1954,  672  §  1.  (See 
1954,  672  §§  2,  5,  6.) 

Sect.  12F  added,  1935,  405  §  1  (establishing  in  the  department  a 
commercial  motor  vehicle  division,  under  the  charge  of  a  director 
thereof);  phrase  added  at  end,  1935,  477  §  2;  section  amended,  1939, 
335  §  1;  revised,  1941,  596  §  19;  new  sentence  added  at  end,  1941,  653 
§  1;  same  sentence  stricken  out,  1951,  664  §  8.     (See  1939,  335  §  2.) 

Sect.  12G  added,  1936,  117  (authorizing  the  director  of  the  com- 
mercial motor  vehicle  division  in  the  department  of  public  utilities  to 
summon  witnesses,  administer  oaths  and  take  testimony). 

Chapter  26.  —  Department  of  Banking  and  Insurance. 

For  temporarv  legislation  providing  for  the  liquidation  of  certain 
trust  companies^  see  1939,  515;    1941,  143;    1943,  122. 

Sect.  2  amended,  1943,  315;   1946,  591  §  39;    1949,  786. 

Sect.  3  revised,  1941,  596  §  20. 

Sect.  4  revised,  1941,  596  §  21. 

Sect.  6  amended,  1943,  317;  1946,  591  §  40;  1951,  776. 

Sect.  8A  revised,  1934,  2;  amended,  1935,  419;  second  sentence 
revised,  1947,  94. 

Sect.  9  amended,  1947,  260  §  1. 


Chaps.  27-29.]  GENERAL   LawS.  841 

Sect.  10,  sentence  added  at  end,  1943,  346;  section  amended,  1947, 
260  §2. 

Chapter  27.  —  Department  of  Correction. 

Sect.  1  amended,  1946,  591  §  41. 

Sect.  2  revised,  1939,  90;   1941,  596  §  22. 

Sect.  4  repealed,  1941,  690  §  7. 

Sect.  5  revised,  1934,  350  §  1;  1937,  399  §  1;  1948,  586.  (See  1934, 
350  §§  2-4;   1937,  399  §§  3-6.) 

Sect.  5 A  added,  1941,  690  §  6  (relative  to  the  employment  of  agents 
and  employees  of  the  parole  board  to  perform  duties  in  connection  with 
the  release  of  prisoners);  last  sentence  stricken  out,  1945,  449  §  1; 
section  revised,  1954,  567  §  1.  (See  1941,  690  §§  8,  10;  1954,  567  § 
10.) 

Sect.  5B  added,  1954,  567  §  2  (relative  to  the  powers  and  duties  of 
the  parole  board).    (See  1954,  567  §  10.) 

Chapter  28.  —  Metropolitan  District  Commission. 

• 

For  legislation  abolishing  the  metropolitan  district  water  supply 
commission  and  transferring  its  functions  to  the  metropolitan  district 
commission,  see  1947,  583. 

Sect.  2  amended,  1946,  591  §  42;  revised,  1949,  795. 

Sect.  3  revised,  1936,  244  §  1;  1941,  596  §  23.     (See  1936,  244  §  4.) 

Sect.  4  amended,  1936,  244  §  2.     (See  1936,  244  §  4.) 

Sects.  5  and  6  repealed,  1941,  466  §  6. 

Chapter  29.  —  State  Finance. 

For  temporary  legislation  as  to  emergency  state  financing,  see  1933, 
49,  104,  307,  341,  365,  367,  368;  1934,  41,  66,  313,  335;  1935,  221,  300, 
380,  392,  456;  1936,  309;  1937,  338;  1938,  20,  57,  481,  501  §  3;  1939, 
288,  417,  418,  496;   1941,  129;   1943,  413;   1945,  324;   1947,  206. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1943,  568;  1945,  325,  712;  1946, 
615. 

Sect.  1,  paragraph  added  at  end,  1939,  502  §  1;  same  paragraph 
revised,  1941,  509  §  2;  same  paragraph  stricken  out,  1945,  242  §  2. 
(See  1941,  509  §  9.) 

Sect.  2  revised,  1950,  40. 

Sect.  3  revised,  1939,  502  §  2;  amended,  1945,  242  §  3. 

Sect.  4  amended,  1939,  502  §  3;  1945,  242  §  4. 

Sect.  5  revised,  1939,  502  §  4;  1941,  656  §  2;  1945,  242  §  5;  637  §  2. 
(See  1941,  656  §  17;   1945,  279.) 

Sect.  5 A  amended,  1939.  502  §  5;  1945,  242  §  6. 

Sect.  6  amended,  1937,  426  §  1;  revised,  1939,  502  §  6;  amended, 
1941,  490  §  7;  656  §  3;  revised,  1945,  242  §  7;  fifth  sentence  revised, 
1945,  548  §  2.    (See  1937,  426  §  2;   1941,  656  §  17;   1945,  548  §  3.) 

Sect.  8  revised,  1947,  312;  stricken  out,  1953,  612  §  7. 

Sect.  8 A  added,  1939,  427  (relative  to  competitive  bidding  on  state 
contracts);   revised,  1941,  547  §  1;   first  sentence  amended,  1951,  401. 

Sect.  9 A  revised,  1939,  502  §  7;  amended,  1941,  656  §  4;  1945,  242 
§8.    (See  1941,  656  §  17.) 


842  Changes  in  the  [Chap.  29. 

Sect.  9B  added,  1941,  564  §  1  (providing  for  the  allotment  of  certain 
appropriations  by  the  governor).    (See  1941,  564  §  2.) 

Sect.  10  amended,  1936,  256;  revised,  1939,  502  §  8;  1941,  656  §  5; 
amended,  1945,  242  §  9;  repealed,  1945,  637  §  3.  (See  1941,  656  §  17; 
1945,  279.) 

Sect.  11  amended,  1939,  502  §  9;  1941,  656  §  6;  repealed,  1945, 
242  §  10.    (See  1941,  656  §  17.) 

Sect.  12  amended,  1939,  502  §  10;  revised,  1945,  242  §  11;  637  §  4; 
1950,  41.    (See  1945,  279.) 

Sect.  13  revised,  1950,  42. 

Sect.  14  revised,  1939,  502  §  11;  1945,  242  §  12;   1950,  43. 

Sect.  18,  last  sentence  revised,  1945,  248  §  3;  amended,  1953,  263 
§  2.    (See  1945,  248  §§  4,  5;   1953,  263  §  3.) 

Sect.  20  revised,  1950,  44. 

Sect.  20A  added,  1937,  407  (relative  to  public  inspection  of  certain 
orders  and  claims,  in  advance  of  approval  or  rejection  thereof,  in  con- 
nection with  state  contracts). 

Sect.  25  amended,  1941,  656  §  7.    (See  1941,  656  §  17.) 

Sect.  26  revised,  1939,  502  §  12;  amended,  1941,  656  §  8;  1945,  242 
§  13;  revised,  1947,  636  §  1.    (See  1941,  656  §  17.) 

Sect.  27  amended,  1937,  359;  revised,  1939,  502  §  13;  amended, 
1941,  656  §  9;  revised,  1947,  636  §  2;   1950,  45.    (See  1941,  656  §  17.) 

Sect.  29  amended,  1939,  502  §  14;  1943,  345;  revised,  1947,  636  §  3; 
1950,  46. 

Sect.  31,  last  sentence  amended,  1932,  127  §  2;  section  amended, 
1941,  508;  last  sentence  amended,  1945,  545;  section  revised,  1945, 
635  §  1;  1946,  580  §  1;  1949,  386.  (See  1946,  580  §  3;  1947,  527; 
1948,  501.) 

Sect.  31 A  added,  1946,  520  (providing  for  payment  of  accumulated 
vacation  allowances  of  state  employees  upon  death  or  separation  from 
service);  amended,  1954,  680  §  4;  paragraph  (c)  added,  1953,  521; 
amended,  1954,  680  §  4. 

Sect.  31B  added,  1946,  580  §  2  (providing  that  teachers  in  certain 
state  institutions  may  be  paid  weekly). 

Sect.  31C  added,  1954,  352  §  1  (relative  to  the  vacation  time  of 
persons  holding  non-teaching  positions  in  any  school  or  college  of  the 
Commonwealth).    (See  1954,  352  §  2.) 

Sect.  32  revised,  1951,  759  §  1.    (See  1951,  759  §  3.) 

Sect.  32A  added,  1951,  759  §  2  (relative  to  payment  of  unclaimed 
wages  or  salaries  due  from  the  Commonwealth).     (See  1951,  759  §  3.) 

Sect.  34  amended,  1936,  333;  1948,  396;  revised,  1953,  223;  1954, 
135;  affected,  1946,  608  §  3. 

Sect.  38,  subdivision  (h)  added,  1934,  356;  first  paragraph  amended, 
1945,  658  §  7.    (See  1945,  658  §  11.) 

Sect.  47  stricken  out  and  sections  47,  47A  inserted,  1945,  637  §  5. 
(See  1945,  279.) 

Sect.  48A  added,  1937,  252  (authorizing  the  use  of  facsimile  signa- 
tures of  the  governor  on  certain  bonds  and  notes  of  the  commonwealth) ; 
amended,  1946,  128. 

Sect.  50  revised,  1939,  502  §  15;  1941,  656  §  10;  1945,  242  §  14. 
(See  1941,  6  j6  §  17.) 

Sect.  52  revised,  1954,  389  §  1.    (See  1954,  389  §  2.) 

Sect.  56  revised,  1953,  272. 


Chap.  30.]  GENERAL   LaWS.  843 

Sect.  62  repealed,  1943,  83  §  2. 

Sect.  63  added,  1937,  157  (providing  for  taxpayers'  petitions  for  en- 
forcement of  certain  provisions  of  law  relative  to  state  finance). 

Chapter  30.  —  General   Provisions   Relative   to   State   Departments,   Com- 
missions, Officers  and  Employees. 

Provisions  relative  to  expenses  incurred  for  certain  meals  by  state 
employees,  1933,  174  §  8;  1934,  162  §  6;  1935,  249  §  7;  1936,  304  §  7; 
1937,  234  §6;  1938,  356  §  5;  1939,  309  §  4;  1941,  419  §  4;  1943,  68  §  4; 
370  §  4. 

Provisions  relative  to  the  purchase  of  passenger  automobiles,  1939, 
309  §  4;   1941,  419  §  4;   1943,  68  §  4;  370  §  4. 

Provisions  relative  to  expenses  incurred  by  state  employees  in  the 
operation  of  motor  vehicles,  1939,  309  §  5;  1941,  419  §  5;  1943,  68  §  5; 
370  §  5;  1945,  404  §  5;  682  §  4;  1946,  309  §  5;  617  §  5;  1947,  219  §  5; 
685  §  5. 

For  legislation  relative  to  commencement  of  terms  of  certain  state 
officers  see  1939  304. 

Sect.  7  revised,  1937,  414  §  1;  amended,  1941,  512;   1947,  376. 

Sect.  9A  added,  1946,  269  (regulating  the  separation  from  the  service 
of  the  commonwealth  of  certain  war  veterans  holding  unclassified  offices 
or  positions) ;  revised,  1947,  242. 

Sect.  9B  added,  1946,  524  (protecting  certain  officers  and  employees 
of  the  commonwealth  against  arbitrary  removal);   revised,  1950,  717. 

Sect.  13  revised,  1951,  409. 

Sect.  23A  added,  1952,  142  (relative  to  the  appointment  of  trustees 
of  state  institutions  to  certain  offices  or  positions  therein). 

Sect.  24  revised,  1937,  430;    1945,  508;   1946,  408;   amended,  1954, 

680  §  5. 

Sect.  24A  added,  1945,  565  (relative  to  compensation  for  state  em- 
ployees who  are  required  to  work  on  state-wide  legal  holidays) ;  amended, 
1946,  411;  revised,  1948,  498;  amended,  1953,  400. 

Sect.  26  repealed,  1948,  255. 

Sect.  28  revised,  1941,  656  §  11.     (See  1941,  656  §  17.) 

Sect.  30A  amended,  1945,  580  §  5. 

Sect.  32  revised,  1939,  499  §  4;  1945,  292  §  4;  first  sentence  revised, 
1950,  488. 

Sect.  32A  added,  1939,  499  §  4A  (relative  to  the  force  and  effect  of 
rules  and  regulations  included  in  annual  reports) ;  repealed,  1945,  292  §  5. 

Sect.  33  revised,  1939,  499  §  5;   1945,  292  §  6;  amended,  1948,  67. 

Sect.  33 A  amended,  1939,  499  §  6;  1945,  292  §  7. 

Sect.  35  amended,  1945,  580  §  6.     (See  1945,  580  §  9.) 

Sect.  36  revised,  1948,  584  §  1. 

Sect.  37  revised,  1951,  556  §  1.     (See  1951,  556  §  2.) 

Sect.  37A  added,  1951,  576  (providing  for  public  hearings  prior  to  is- 
suance of  rules  and  regulations  containing  penalties);    repealed,  1954, 

681  §  2.    (See  1954,  681  §§  20,  22.) 

Sect.  38,  paragraph  added  at  end,  1954,  680  §  6. 

Sect.  39  revised,  1934,  351;  amended,  1935,  217  §  1;  revised.  1935, 
472  §  1. 

Sects.  39A-39E  added,  1951,  694  (requiring  security  for  certain 
motor  truck  carriers  performing  work  under  contract  with  the  com- 
monwealth or  any  political  subdivision  thereof). 


844  Changes  in  the  [Chaps.  30A-31. 

Sect.  39F  added,  1954,  609  (providing  a  method  of  payment  to  cer- 
tain subcontractors  on  contracts  for  the  construction,  reconstruction, 
altering,  remodehng  and  repair  of  certain  pubhc  works  by  the  com- 
monwealth or  any  political  subdivision  thereof. 

Sect.  42  revised,  1936,  359;  amended,  1941,  450  §  1;  1948,  21; 
revised,  1951,  397. 

Sect.  44B  added,  1941,  678  §  1  (relative  to  pipe  lines  for  conveying 
petroleum  and  its  products  and  by-products). 

Sect.  45,  first  sentence  amended,  1947,  678  §  1;    section  revised, 

1948,  311  §  1;   1954,  680  §  9.    (See  1948,  311  §§  4,  5.) 

Sect.  46  revised,  1947,  613  §  1;  1948,  311  §  2;  salary  schedules 
revised,  1949,  785  §  1;  1951,  715  §§  1,  2;  1954,  407  §  1;  paragraph  (1) 
revised,  1954,  680  §  10;  paragraph  (lA)  inserted,  1950,  726;  paragraph 
(IB)  inserted,  1951,  621;  paragraph  (2)  revised,  1952,  421  §  1;  1954, 
407  §  2;  paragraph  (5)  revised,  1954,  680  §  11;  paragraph  (6)  amended, 

1949,  406  §  1;  revised,  1954,  680  §  12;  paragraph  (8)  revised,  1949, 
406  §  2;  amended,  1954,  680  §  13.  (See  1947,  613  §§  2,  3;  1948,  311 
§§4,  5;  1949,  406  §§  3-6;  1951,  715  §§  3-5;  1952,  421  §  2;  1954,  407 
§§  3,  4.) 

Sect.  46A  added,  1954,  680  §  14  (relative  to  the  allocation  or  realloca- 
tion of  certain  offices  or  positions  in  the  state  classified  system). 

Sect.  47,  last  sentence  revised,  1941,  656  §  12;  same  sentence  stricken 
out,  1945,  637  §  6;  section  revised,  1948,  311  §  3.  (See  1941,  656  §  17; 
1945,  279;    1948,  311  §§  4,  5;    1949,  406  §  3.) 

Sect.  48  amended,  1954,  680  §  15. 

Sect.  49  amended,  1954,  680  §  16. 

Sects.  53-57  added,  1945,  485  (providing  for  the  prompt  disposition 
of  certain  grievances  of  state  employees  relating  to  their  employment). 

Chapter  30A.     State  Administrative  Procedure. 
New  chapter  inserted,  1954,  681   §  1.     (See  1954,  681   §§  20-22.) 

Chapter  31.  —  Civil  Service. 

For  temporary  legislation  protecting  the  civil  service  rights  of  certain 
persons  in  the  military  or  naval  service  of  the  United  States,  see  1941, 
708;  1943,  172,  338,  548;  1945,  610;  1946,  61,  62,  238,  271  §§  1-4; 
1947,  4,  11,  14,  71,  203,  367;    1948,  447;    1949,  169. 

For  temporary  legislation  relative  to  transfers  of  civil  service  em- 
ployees during  the  present  emergency,  see  1943,  492. 

For  temporary  legislation  making  certain  veterans  eligible  to  take 
civil  service  examinations  notwithstanding  any  age  requirements,  see 
1945,  440  §  1;   1950,  179. 

For  legislation  protecting  the  civil  service  rights  of  certain  employees 
who  are  veterans  attending  school  or  "on-the-job"  training  under  the 
G.  I.  Bill  of  Rights,  see  1948,  228. 

For  legislation  relative  to  promotional  examinations  for  principal 
interviewer  in  the  division  of  employment  security,  see  1948,  263. 

For  legislation  subjecting  certain  employees  of  the  division  of  em- 
ployment securitj'^  to  the  civil  service  laws,  see  1949,  773;  1950,  461,  704. 

For  legislation  reclassifying  members  of  fire  departments  by  changing 
the  title  of  fireman  to  firefighter,  see  1952,  45. 


Chap.  31.]  GENERAL  LawS.  845 

Sect.  1,  definitions  contained  in  fourth  to  eighth  lines  revised,  1939, 
238  §  9;  revised,  1945,  703  §  1;  definitions  of  "appointing  authority" 
or  "appointing  officer"  revised,  1953,  153.  (See  1939,  238  §§  52- 
55). 

Sect.  2  revised,  1939,  238  §  10;   1945,  725  §  1. 

Sect.  2 A  added,  1939,  238  §  11  (relative  to  the  duties  of  the  director 
of  civil  service) ;  clause  (6)  revised,  1939,  506  §  1 ;  clause  (e)  revised, 
1941,  402  §  2;  clause  (c)  amended,  1941,  721;  section  revised,  1945, 
725  §  2;  paragraph  (b)  revised,  1951,  302;  two  sentences  added  at  end, 
1953,  286  §  1;  sentence  added  at  end,  1954,  295  §  1;  paragraph  (d) 
amended,  1954,  680  §  17.    (See  1939,  238  §§  52-55;   1953,  286  §  2.) 

Sect.  3,  clause  (g)  added,  1937,  223  (giving  preference  to  blind  per- 
sons in  the  employment  of  typists  in  certain  cases  by  state  depart- 
ments, boards  and  commissions);  section  amended,  1939,  238  §  12; 
revised,  1939,  498  §  1;  clause  (a)  revised,  1941,  190;  section  revised, 
1945,  702.    (See  1939,  238  §§  51-55.) 

Sect.  4,  fourth  paragraph  amended,  1938,  72;  paragraph  in  line  19 
stricken  out  and  new  paragraph  inserted,  1941,  49;  sixth  paragraph  re- 
vised, 1932,  282  §  1;  section  amended,  1939,  238  §  13;  paragraph 
added  at  end,  1939,  256  §  1;  paragraphs  added  at  end  by  1941,  625 
§  1,  1941,  627  §  1  and  1941,  686  §  2,  respectively;  paragraphs  added  at 
end  by  1943,  246  §  1  and  1943,  402  §  1,  respectively;  section  revised, 
1945,  701  §  4;  paragraph  in  line  22  revised,  1949,  397;  paragraph 
added  at  end,  1949,  765  §  1;  1949,  779  §  1.  (See  1932,  282  §  4;  1943, 
246  §  2;   402  §  2;   1949,  765  §  2;  779  §  2.) 

Sect.  5  amended,  1935,  405  §  2;  1936,  244  §  3;  1939,  238  §  14;  re- 
vised, 1941,  402  §  3;  amended,  1945,  355;  701  §  4A;  1948,  387  §  2; 
1950,  397;   1951,  26;  amended,  1954,  298.    (See  1948,  387  §  1.) 

Sect.  5A  added,  1937,  414  §  2  (relative  to  the  employment  by  cer- 
tain municipal  officers  of  persons  to  serve  in  a  confidential  capacity). 

Sect.  6,  first  sentence  revised,  1949,  430;  sentence  added  at  end, 
1932,  260;  same  sentence  amended,  1939,  238  §  15. 

Sect.  6A  added,  1935,  228  (dispensing  with  educational  requirements 
as  a  condition  of  taking  certain  civil  service  examinations). 

Sect.  7  revised,  1939,  397. 

Sect.  8  amended,  1939,  238  §  16;  revised,  1939,  396;   1945,  703  §  3. 

Sect.  10  revised,  1939,  238  §  17;  1939,  498  §  2;  last  sentence  stricken 
out  and  five  sentences  inserted,  1945,  703  §  4. 

Sect.  12  amended,  1939,  238  §  18;  revised,  1945,  704  §  1;  first 
paragraph  amended,  1954,  627  §  2;  amended,  1946,  271  §  5;  paragraph 
added  at  end,  1948,  121  §  1;  same  paragraph  amended,  1951,  27.  (See 
1948,  121  §  2;   1954,  627  §§  65,  67.) 

Sect.  12A  added,  1945,  704  §  2  (providing  procedure  for  reviewing 
markings  on  civil  service  examination  papers) ;  revised,  1948,  297. 

Sect.  13  amended,  1938,  174  §  2;  revised,  1945,  703  §  5;  sentence 
added  at  end,  1952,  214. 

Sect.  13A  amended,  1939,  238  §  19;  revised,  1945,  725  §  3. 

Sect.  14  amended,  1939,  238  §  20;  repealed,  1945,  725  §  5. 

Sect.  15  revised,  1939,  238  §  21;  1939,  508  §  2;  1941,  491;  second 
paragraph  revised,  1945,  704  §  3;  last  paragraph  stricken  out  and 
three  paragraphs  inserted,  1945,  704  §  4;  section  revised,  1946,  103; 
first  paragraph  revised,  1951,  41  §  1;  fourth  paragraph  revised,  1951, 
41  §  2;  fifth  paragraph  revised,  1954,  376;  paragraph  A  amended,  1948, 


846  Changes  in  the  [Chap.  31. 

489;  revised,  1952,  317  §  1;  1954,  267;  paragraph  B  revised,  1952, 
317  §  2;  paragraph  added  at  end,  1947,  13. 

Sect.  15A  added,  1933,  267  (restricting  the  appointment  of  persons  for 
temporary  employment  under  the  civil  service  laws);  amended,  1934, 
105;  repealed,  1943,  523. 

Sect.  15B  added,  1943,  520  (authorizing  certain  promotions  from  the 
labor  service  to  the  official  service  of  a  department,  board  or  commis- 
sion under  the  civil  service  laws);  amended,  1946,  52;  revised,  1952. 
313;   1953,  459. 

Sects.  15C  and  15D  added,  1945,  704  §  5  (requiring  lists  of  civil 
service  officers  and  employees  to  be  filed  annually  with  the  director  of 
civil  service  and  establishing  the  method  of  determining  seniority). 

Sect.  15C  amended,  1946,  53;  paragraph  inserted  after  first  para- 
graph, 1950,  385;  section  revised,  1953,  195. 

Sect.  15D,  paragraph  1  amended,  1952,  447  §  1;  paragraph  2  revised, 
1947,  426;  definition  of  "Absence"  revised,  1949,  167.  (See  1952, 
447  §  2.) 

Sect.  15E  added,  1946,  540  (providing  that  injuries  received  by 
persons  employed  in  a  provisional  capacity  shall  not  disqualify  them 
for  permanent  employment  under  the  civil  service  laws). 

Sect.  15F  added,  1951,  157  (relative  to  provisional  promotions  under 
civil  service  laws  and  probationary  periods  served  therein). 

Sect.  16A  added,  1939,  506  §  3  (relative  to  transfers  under  the  civil 
service  laws);  revised,  1945,  703  §  6. 

Sect.  17  amended,  1934, 94;  revised,  1939, 76;  amended,  1939, 238  §  22, 

Sect.  18  amended,  1939,  238  §  23;  revised,  1945,  703  §  9;  amended, 
1947,  22. 

Sect.  18A  added,  1941,  627  §  4  (positions  in  the  labor  service  of  the 
department  of  public  works  to  be  classified  by  districts);  sentence 
added  at  end,  1945,  389. 

Sect.  19A  added,  1932,  146  (relative  to  appointments  to  the  regular 
fire  forces  in  certain  cities  having  reserve  fire  forces) ;  amended,  1939, 
238  §  24;  revised,  1941,  38;  amended,  1943,  530;  revised,  1949,  55. 

Sect.  19B  added,  1949,  288  (relative  to  appointments  of  intermittent 
firemen  to  the  regular  force  in  cities  and  towns) . 

Sect.  20  amended,  1939,  238  §  25;  revised,  1939,  419  §  3;  1945, 
704  §  6;  1947,  354  §  1;  paragraph  added  at  end,  1951,  279.  (See  1947, 
354  §  2.) 

Sect.  20A  amended,  1939,  238  §  26;  revised,  1941,  39;  1952,  167  §  1; 

1953,  255  §  1;  amended,  1954,  136  §  1.  (See  1952,  167  §  3;  1953, 
255  §  2.) 

Sect.  20B  added,  1937,  416  §  3  (providing  for  appointments  to  the 
regular  pohce  force  of  the  metropolitan  district  commission  from  the 
list  of  members  of  the  reserve  police  force);  amended,  1939,  238  §  27; 
repealed,  1939,  441  §  2.     (See  1937,  416  §  5;  repealed,  1939,  441  §  3.) 

Sect.  20C  added,  1941,  621  (relative  to  appointments  to  the  regular 
police  force  in  certain  cities  and  towns) ;  revised,  1952, 167  §  2;  amended, 

1954,  136  §  2.    (See  1952,  167  §  3.) 

Sect.  20D  added,  1945,  703  §  2  (relative  to  the  serving  of  probation- 
ary periods  in  offices  and  positions  subject  to  civil  service). 

Sect.  21  amended,  1932,  89;  revised,  1933,  137;  amended,  1939, 
238  §  28;  1943,  194,  469;  1946,  216;  1950,  289  §  1;  revised,  1951,  663; 
1954,  627  §  3.    (See  1950,  289  §  2;   1954,  627  §§  65,  67.) 


Chap.  31.]  GENERAL   LaWS.  847 

Sect.  21 A  added,  1954,  688  §  1  (further  defining  the  word  "veteran" 
as  used  in  certain  laws). 

Sect.  22  amended,  1939,  238  §  29;  first  sentence  revised,  1954,  627 
§  4;  paragraph  added  at  end,  1946,  345.     (See  1954,  627  §§  65,  67.) 

Sect.  22A  added,  1946,  221  (making  certain  veterans  ehgible  for 
examinations  and  appointment  to  pohce  and  fire  departments  notwith- 
standing certain  age  requirements) ;  revised,  1947,  287. 

Sect.  23  amended,  1939,  238  §  30;  sentence  added  at  end,  1949, 
642  §  1;  section  revised,  1954,  627  §  5.    (See  1954,  627  §§  65,  67.) 

Sect.  23A  added,  1954,  627  §  6  (defining  "Disabled  Veteran."  (See 
1954,  627  §§  65,  67.) 

Sect.  23B  added,  1954,  627  §  6  (providing  for  preference  in  civil 
service  appointments  for  widows  and  widowed  mothers  of  certain  vet- 
erans).    (See  1954,  627  §§  65,  67.) 

Sect.  24  amended,  1939,  238  §  31;  sentence  added  at  end,  1949, 
642  §  2. 

Sect.  25  amended,  1939,  238  §  32;   1946,  145;   revised,  1948,  407. 

Sect.  29  amended,  1939,  238  §  33;  revised,  1945,  725  §  4;  amended, 
1948,  138. 

Sect.  30  amended,  1939,  238  §  34;  repealed,  1945,  725  §  5. 

Sect.  31  amended,  1939,  238  §  35;  revised,  1939,  422  §  1. 

Sect.  31A  added,  1939,  422  §  2  (relative  to  the  making  of  reports  by 
department  heads  pertaining  to  civil  service  employees) . 

Sect.  31B  added,  1941,  165  §  1  (relative  to  the  preparation  and  keep- 
ing of  rosters  of  positions  in  the  classified  civil  service  and  incumbents 
thereof  in  connection  with  the  payment  of  salaries  or  compensation). 
(See  1941,  165  §  2.) 

Sect.  32  amended,  1939,  238  §  36;  revised,  1939,  420  §  1. 

Sect.  32A  added,  1939,  420  §  2  (providing  that  records  and  files 
relating  to  civil  service  employees  be  public  records);  repealed,  1945, 
703  §  10. 

Sect.  33  amended,  1939,  238  §  37;  revised,  1939,  420  §  3. 

Sect.  34  amended,  1939,  238  §  38;  revised,  1939,  420  §  4. 

Sect.  35  repealed,  1941,  559. 

Sect.  36  amended,  1939,  238  §  39;  revised,  1945,  701  §  1. 

Sect.  37  amended,  1939,  238  §  40. 

Sect.  38  amended,  1939,  238  §  41;  revised,  1939,  422  §  3. 

Sect.  39  amended,  1939,  238  §  42. 

Sect.  40  amended,  1939,  238  §  43;  repealed,  1945,  703  §  10. 

Sect.  42  amended,  1939,  238  §  44. 

Sect.  42A  repealed,  1945,  667  §  4. 

Sect.  42B  repealed,  1945,  667  §  4. 

Sect.  43  revised,  1945,  667  §  1;  paragraph  (/)  revised,  1946,  379; 
section  revised,  1947,  373  §  1;  paragraph  (a)  amended,  1949,  170  §  1; 
second  sentence  revised,  1949,  429  §  1;  paragraphs  (6)  and  (c)  revised, 
1948,  240;  paragraph  (e),  first  sentence  revised,  1949,  429  §  2. 

Sect.  45  amended,  1934,  249  §  2;   revised,  1945,  667  §  2. 

Sect.  45A  added,  1934,  190  (providing  a  method  of  avoiding  multi- 
plicity of  petitions  for  judicial  review  to  determine  seniority  rights  in 
the  classified  labor  service);  amended,  1941,  166. 

Sect.  45B  added,  1941,  135  (requiring  clerks  of  district  courts  to 
furnish  certain  information  to  the  director  of  civil  service);  amended, 
1945,  667  §  3. 


848  Changes  in  the  [Chap.  31. 

Sect.  46  amended,  1932,  282  §  2;  revised,  1934,  249  §  1;  amended, 
1941,  257;  repealed,  1945,  667  §  4. 

Sect.  46B  amended,  1939,  238  §  45;  repealed,  1945,  667  §  4. 

Sects.  46C  and  46D  added,  1933,  320  (providing  for  the  reinstate- 
ment of  certain  municipal  officers  and  employees). 

Sect.  46C  amended,  1934,  84;  1936,  66;  revised,  1938,  297  §  1; 
amended,  1939,  238  §  46;  revised,  1945,  704  §  8;  amended,  1947, 
373  §  2. 

Sect.  46D  repealed,  1945,  704  §  7. 

Sect.  46E  added,  1934,  207  (providing  that  a  leave  of  absence  of 
less  than  six  months  shall  not  be  deemed  a  separation  from  the  classified 
civil  service  in  certain  cases);  first  paragraph  revised,  1945,  703  §  7; 
amended,  1951,  37;  paragraph  added  at  end,  1936,  297;  same  paragraph 
amended,  1939,  238  §  47;   1941,  136. 

Sect.  46F  added,  1935,  337  (providing  for  the  reinstatement  of 
members  of  the  police  force  of  the  metropolitan  district  commission  in 
certain  cases);   amended,  1939,  238  §  48;   repealed,  1945,  704  §  7. 

Sect.  46G  added,  1935,  408  (relative  to  seniority  rights  in  respect 
to  the  suspension  and  re-employment  of  persons  in  the  classified  civil 
service  in  certain  cases) ;  revised,  1938,  297  §  2;  1945,  704  §  9;  amended, 
1949,  170  §  2. 

Sect.  46H  added,  1936,  287  §  1  (providing  for  the  reinstatement  in 
the  classified  civil  service  of  retired  municipal  officers  and  employees 
in  certain  cases  of  invalid  retirement) ;  amended,  1939,  238  §  49. 

Sect.  461  added,  1945,  703  §  8  (providing  for  the  establishment  of 
re-employment  lists  of  persons  separated  from  the  official  or  labor 
service  otherwise  than  by  resignation  or  discharge);  amended,  1946,  60; 
revised,  1947,  12;   paragraph  added  at  end,  1951,  420. 

Sect.  46J  added,  1946,  288  (relative  to  the  right  of  civil  service  em- 
ployees to  petition  the  general  court  and  to  appear  before  committees 
thereof). 

Sect.  46K  added,  1952,  138  (authorizing  civil  service  employees 
to  petition  their  municipal  government  and  to  appear  before  com- 
mittees thereof). 

Sect.  47  revised,  1945,  701  §  2. 

Sect.  47 A  added,  1941,  195  (providing  that  certain  employees  in  the 
classified  public  service  shall  not  be  subject  to  a  probationary  period); 
revised,  1945,  701  §  3;  second  paragraph  amended,  1946,  59;  first  two 
paragraphs  revised,  1948,  278;  paragraph  added  at  end,  1950,  376  §  1. 
(See  1950,  376  §  2.) 

Sect.  47B  added,  1941,  290  (relative  to  the  classification  and  estab- 
Hshment  of  seniority  of  certain  civil  service  employees) ;  revised,  1945, 
701  §  5. 

Sects.  47C  and  47D  added,  1941,  402  §  1  (estabhshing  a  merit  system, 
substantially  similar  to  the  civil  service  system,  for  certain  officers  and 
employees  of  local  boards  of  public  welfare).    (See  1941,  402  §§  4-9.) 

Sect.  47C,  paragraph  (1)  revised,  1941,  588  §  1;  1950,  793  §  1,  1951, 
741  §  3.    (See  1941,  588  §  3;   1950,  793  §  2.) 

Sect.  47E  added,  1951,  537  (providing  annual  step-rate  increases  for 
municipal  pubfic  welfare  employees). 

Sect.  48  revised,  1945,  701  §  6;  first  paragraph  amended,  1953,  306; 
1954,  90;  paragraph  added  at  end,  1947,  239. 

Sect.  49  repealed,  1945,  701  §  7. 


Chap.  32.]  GENERAL   LaWS.  849 

Sect.  49 A  added,  1939,  183  (authorizing  cities  and  towns  to  place 
certain  offices  under  the  civil  service  laws  by  vote  of  the  voters  thereof) ; 
revised,  1941,  414;  revised,  1945,  701  §  8. 


Chapter  32.  —  Retirement  Systems  and  Pensions. 

For  temporary  legislation  providing  for  the  return  of  certain  moneys 
paid  into  the  state  retirement  fund  by  certain  former  members  of  the 
General  Court,  see  1954,  615. 

For  temporary  legislation  protecting  the  retirement  rights  of  certain 
persons  in  the  military  or  naval  service  of  the  United  States,  see  1941, 
708;  1943,  172,  419,  548;  1945,  455,  610,  699;  1947,  4,  11,  14,  203,  367. 

For  legislation  relative  to  the  temporary  re-employment  of  former 
officers  and  employees  of  the  commonwealth  or  of  any  political  sub- 
division thereof  during  the  continuance  of  the  existing  state  of  war 
between  the  United  States  and  any  foreign  country,  see  1942,  16;  1943, 
502;   1946,  55,  306. 

For  legislation  relative  to  the  retirement  of  assistant  attorneys  gen- 
eral, see  1948,  659. 

For  legislation  relative  to  the  retirement  of  county  commissioners, 
see  1948,  662. 

For  legislation  relative  to  increasing  the  amounts  of  pensions  and 
retirement  allowances  payable  to  certain  former  public  employees,  see 
1950,820;   1951,781;   1952,624;   1953,471,472. 

Sects.  1-38A,  as  amended,  stricken  out  and  twenty-eight  new  sections, 
1-28,  inserted,  1945,  658  §  1.     (See  1945,  658  §§  9-11.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1952. 

The  following  references  are  to  sections  1  to  28  as  so  inserted: 

Sect.  1,  definition  of  "Beneficiary"  revised,  1949,  618  §  1;  definition 
of  "District"  amended,  1953,  583  §  1;  definition  of  "Employee"  re- 
vised, 1947,  660  §  1;  1950,  537;  sentence  added  at  end,  1950,  600  §  1; 
definition  of  "Employee"  revised,  1951,  543  §  1;  amended,  1952,  185; 
definition  of  "Governmental  Unit"  revised,  1947,  667  §  1;  definition  of 
"Pohtical  subdivision"  revised,  1948,  507  §  1;  definition  of  "Regular 
compensation"  revised,  1948,  606;  sentence  added  at  end,  1952,  423 
§  1;  next  to  last  sentence  revised,  1952,  515  §  2;  defhiition  of  "Teacher" 
amended,  1951,  543  §  2;  revised,  1952,  434  §  1;  definition  of  "Veteran" 
amended,  1950,  710;  sentence  added  at  end,  1951,  526  §  1;  revised, 
1954,  627  §  7;  amended,  1954,  688  §  2.  (See  1950,  600  §  3;  1951, 
543  §  3;   1952,  423  §  2;   1954,  627  §§  65,  67.) 

Sect.  3,  subdivision  (2),  paragraph  (a),  clauses  (iv),  (v)  revised,  1951, 
644  §  1;  clause  (vi)  revised,  1947,  660  §  2;  1951,  644  §  1;  clause  (x) 
added,  1950,  600  §  2;  clause  (xi)  added,  1952,  515  §  1;  paragraph  (b) 
revised,  1947,  660  §  2;  paragraph  (d)  revised,  1947,  660  §  2;  amended, 
1947,  667  §  2;  paragraph  (/)  revised,  1951, 644  §  2;  definition  of  Group  B 
in  paragraph  (g),  amended,  1946,  403  §  1;  revised,  1947,  423;  amended, 
1947,  667  §  3;  1949,  746  §  1;  revised,  1950,  728;  amended,  1952,  157; 
revised,  1954,  445  §  1;  subdivision  (3),  first  sentence  stricken  out  and 
two  sentences  inserted,  1947,  388  §  1;  first  sentence  revised,  1949,  578 
§  1  (see  1949,  578  §  2) ;  subdivision  revised,  1952, 428  §  1 ;  1954, 684  §  1 ; 
subdivision  (3A)  added,  1946,  538  §  1;   subdivision  (4)  revised,  1946, 


850  Changes  in  the  [Chap.  32. 

403  §  2;  492;   first  sentence  amended,  1947,  416;   subdivision  revised, 

1951,  505  §  1;  amended,  1954,  684  §  2;  subdivision  (5)  amended,  1946, 
481;  revised,  1946,  603  §  1;  paragraph  (a)  added,  1947,  660  §  4;  sub- 
division revised,  1947,  667  §  4;  first  sentence  revised,  1952,  524  §  1; 
amended,  1954,  684  §  3;  subdivision  (6),  paragraph  (d)  revised,  1946, 
403  §  3;  amended,  1952,  524  §  2;  1954,  684  §  4;  paragraph  (e)  amended, 
1947,  388  §  2;  paragraph  (/)  amended,  1948,  393;  subdivision  (8) 
paragraph  (b)  amended,  1952,  524  §  3;  1954,  684  §  5;  paragraph  (c) 
amended,  1947,  388  §  3.  (See  1950,  600  §  3;  1950,  715;  1951,  644 
§  3,  790,  505  §  2;   1952,  423  §  2,  428  §  2;   1954,  445  §  2;   1954,  684  §  8.) 

Sect.  4,  subdivision  (1),  paragraph  (a)  amended,  1947,  660  §  3; 
paragraph  (h)  revised,  1954,  627  §  8;  paragraph  (i)  added,  1946,  493 
§  1;  paragraph  (j)  added,  1946,  538  §  2;  subdivision  (2),  paragraph  (6) 
revised,  1946,  403  §  4;  paragraph  (c)  revised,  1946,  403  §  5;  amended, 

1952,  524  §  4;  1954,  684  §  6.  (See  1946,  493  §  2;  1954,  627  §§  65,  67; 
1954,  684  §  8.) 

Sect.  5,  subdivision  (1),  first  sentence  of  paragraph  (a)  amended, 
1947,  388  §  4;  paragraph  {d),  first  two  sentences  stricken  out,  1947, 
660  §  5;  same  paragraph  amended,  1948,  15  §  1;  revised,  1953,  486; 
paragraph  (/)  added,  1954,  348;  subdivision  (2),  paragraph  (a),  first 
paragraph  amended,  1947,  388  §  5;  1949,  656;  revised,  1950,  809  §  1; 
1951,  783;  clause  (i)  revised,  1949,  671;  clause  (n)  revised,  1946,  403 
§  6;  amended,  1947,  388  §  6;  clause  (iv)  added,  1946,  538  §  3;  para- 
graph (6)  amended,  1950,  809  §  lA;  paragraph  (f)  amended,  1950,  809 
§  2;   paragraph  (g)  added,  1954,  492.     (See  1950,  809  §  3;    1951,  783 

Sect.  6,  subdivision  (1)  amended,  1947,  667  §  5;  1949,  618  §  2,  657; 
subdivision  (3),  first  sentence  of  paragraph  (a),  amended,  1946,  603  §  2; 
1947,  388  §  7;  second  sentence  of  same  paragraph  amended,  ,1949, 
618  §  3;  paragraph  (c)  revised,  1952,  181. 

Sect.  7,  subdivision  (1),  three  sentences  added  at  end,  1949,  618  §  4; 
subdivision  (2),  paragraph  (a),  clause  (ii)  amended,  1948,  446  §  1; 
clause  (m)  amended,  1950,  713;  1951,  545  §  1;  subdivision  (5)  added, 
1949,  618  §  5.     (See  1948,  446  §  5.) 

Sect.  8,  subdivision  (1),  paragraph  (6)  amended,  1947,  667  §  6. 

Sect.  9,  subdivision  (2),  first  paragraph  amended,  1948,  446  §  2; 
paragraph  (d)  revised,  1951,  545  §  2.     (See  1948,  446  §  5.) 

Sect.  10,  see  1949,  491  §  1;  subdivisions  (1)  and  (2)  revised,  1950, 
813  §  1;  1951,  784  §  1;  subdivision  (2)  (6)  amended,  1951,  809.  (See 
1949,  491  §  2;   1951,  784  §  3.) 

Sect.  11,  subdivision  (2),  paragraph  (a)  amended,  1950,  670  §  1; 
paragraph  (c),  first  sentence  revised,  1947,  667  §  7;  sentence  added  at 
end,  1949,  618  §  6.     (See  1950,  670  §  3.) 

Sect.  12,  subdivision  (2),  option  (c),  two  sentences  inserted  after 
first  sentence,  1946,  403  §  7;  option  (c),  paragraph  added  at  end,  1948, 
284;  option  (c)  stricken  out  and  options  (c)  and  (d)  inserted,  1949, 
618  §  7;  option  (d)  amended  and  sentence  added  at  end,  1949,  808; 
sentence  added  at  end,  1950,  670  §  2;  1952,  610  §  1.    (See  1952,  610  §  2.) 

Sect.  13,  subdivision  (1),  paragraph  (a)  revised,  1951,  379  §  1.  (See 
1951,  379  §  2.) 

Sect.  14,  subdivision  (1),  paragraph  (a)  amended,  1951,  99;  1952, 
484  §  1;  subdivision  (2),  paragraphs  (a),  (6)  and  (c)  revised,  1951,  542. 
(See  1952,  484  §  2.) 


Chap.  32.]  GENERAL   LawS.  851 

Sect.  16,  subdivision  (2)  revised,  1949,  746  §  2;  1951,  784  §  2;  sub- 
division (4),  sentence  added  at  end,  1949,  618  §  8.     (See  1951,  784  §  3.) 

Sect.  18,  subdivision  (1)  revised,  1947,  467;    667  §  8. 

Sect.  19  revised,  1952,  599. 

Sect.  19 A  added,  1953,  509  §  1  (authorizing  withholding  of  retire- 
ment allowances  for  payment  of  subscriber  premiums  for  certain  policies 
or  contracts  with  non-profit  hospital  and  medical  service  corporations). 

Sect.  20,  subdivision  (2),  first  sentence  of  paragraph  (c)  revised, 

1948,  508  §  1  (see  1949,  491  §  2);  subdivision  (3),  paragraph  (d)  revised, 
1946,  267;  subdivision  (4),  paragraph  (c)  amended,  1950,  163;  sub- 
division (5),  paragraph  (i)  amended,  1954,  642  §  1;  paragraph  (j) 
added  at  end,  1948,  488  §  1.  (See  1948,  488  §  2,  508  §  2;  1954,  642  § 
2.) 

Sect.  21,  subdivision  (2)  amended,  1946,  432  §  3. 

Sect.  22,  subdivision  (1),  paragraph  (6)  amended,  1947,  617;  para- 
graph (c),  sentence  added  at  end,  1952,  434  §  2;  paragraph  (g),  first 
sentence  revised,  1947,  388  §  8;  fourth  sentence  amended,  1952,  433; 
last  sentence  stricken  out  and  two  sentences  inserted,  1954,  656  §  1; 
subdivision  (4),  paragraph  (a),  sentence  added  at  end,  1949,  560  §  1; 
paragraph  (c)  amended,  1949,  560  §  2;  revised,  1951,  407;  1952,  392; 
subdivision  (7),  paragraph  (c),  clause  (ii)  revised,  1951,  530  §  1.     (See 

1949,  560  §  3;   1954,  656  §  2.) 

Sect.  23,  subdivision  (2),  paragraph  (6),  clause  (m)  revised,  1954, 
126  §  1;  clause  (iv)  inserted,  1950,  162  §  1. 
Sect.  25,  subdivision  (1),  paragraph  (a)  revised,  1950.  783  §  1.    (See 

1950,  783  §  2.) 

Sect.  26,  subdivision  (2),  paragraph  (6),  clause  (n)  amended,  1948, 
446  §  3;  clause  (m)  added,  1947,  412;  paragraph  (c)  added,  1948,  446 
§  4;  subdivision  (3),  paragraph  (c)  amended,  1949,  492;  1951,  670  §  1. 
(See  1948,  446  §  5.) 

Sect.  28,  subdivision  (2),  paragraph  (a)  revised,  1946,  166  §  1;  para- 
graph (/)  added,  1946,  166  §  2;  paragraph  (g)  added,  1946,  403  §  8; 
paragraph  (h)  added,  1946,  603  §  3;  subdivision  (3),  paragraph  (a)  re- 
vised, 1946,  166  §  3;  subdivision  (4),  paragraph  (a)  amended,  1953, 
583  §  2;  last  sentence  amended,  1946,  403  §  9;  subdivision  (5)  added, 
1948,  507  §  2.    (See  1953,  583  §  3.) 

Sect.  28A  added,  1945,  720  §  1  (relative  to  the  retirement  of  certain 
oflBcers  in  the  division  of  state  police) ;  paragraph  added  at  end,  1946, 
373  §  1.    (See  1945,  720  §  2;  1946,  373  §  2.) 

Sect.  28B  added,  1946,  605  (relative  to  the  retirement  of  state  de- 
tectives and  inspectors  in  the  division  of  state  police);  revised,  1951, 
670  §  2. 

Sect.  28C  added,  1947,  660  §  6  (relative  to  the  retirement  of  certain 
members  of  the  general  court  and  constitutional  officers;  repealed,  1948, 
589  §  1.    (See  1947,  660  §  7;   1948,  589  §§  3,  4.) 

Sect.  28C  added,  1947,  667  §  9  (providing  benefits  to  certain  em- 
ployees of  governmental  units  who  are  prohibited  from  joining  the 
contributory  retirement  systems  thereof,  in  case  of  accidental  disabil- 
ity or  accidental  death);  designation  changed  from  28C  to  28F,  1948, 
589  §  4. 

Sect.  28D  and  28E  added,  1948,  589  §  2  (relative  to  retirement  of 
certain  members  of  the  general  court  and  constitutional  officers).  (See 
1948,  589  §  3;   1949,  546,  807  §§  3,  4.) 


852  Changes  in  the  [Chap.  32. 

Sect.  28D  revised,  1949,  807  §  1;  last  sentence  revised,  1952,  581; 
section  repealed,  1952,  634  §  1.    (See  1949,  807  §§  3,  4.) 

Sect.  28E  revised,  1949,  809  §  1 ;  repealed,  1952,  634  §  2. 

Sect.  28F.    See  1948,  589  §  4. 

Sect.  28G  added,  1949,  809  §  2  (relative  to  the  use  of  the  words 
"fails  of  re-election");  repealed,  1950,  813  §  2. 

Sect.  28H  added,  1949,  807  §  2  (relative  to  the  retirement  of  certain 
employees  of  governmental  units  who  are  former  members  of  the  gen- 
eral court);  repealed,  1952,  634  §  3.    (See  1949,  807  §§  3,  4.) 

Sect.  281  added,  1950,  700  §  1  (extending  benefits  of  state  retirement 
systems  to  certain  employees  of  an  interstate  commission).  (See  1950, 
700  §  2.) 

Sect.  28J  added,  1952,  574  §  1  (relative  to  retirement  of  certain 
former  members  of  the  general  court;  repealed,  1952,  634  §  4.  (See 
1952,  574  §  2.) 

Sect.  39,  sentence  added  at  end,  1948,  207. 

Sect.  43  amended,   1945,  707;   1949,  748   §   1.    (See  1949,  748   § 

2.) 

Sect.  44  revised,  1934,  135;  paragraph  added  at  end,  1934,  285  §  1; 
section  amended,  1936,  223;  last  paragraph  amended,  1937,  102  §  1. 
(See  1937,  202.) 

Sect.  45  revised,  1945,  483  §  1. 

Sect.  45A  added,  1945,  708  §  1  (relative  to  retirement  allowances  of 
school  janitors  in  certain  cities  and  towns).    (See  1945,  708  §  2.) 

Sect.  45B  added,  1949,  407  §  1  (relative  to  the  retirement  of  certain 
school  janitors  and  custodians).     (See  1949,  407  §  2.) 

Sect.  46  revised,  1941,  344  §  1. 

Sect.  47  amended,  1941,  344  §  2. 

Sect.  48  revised,  1938,  379. 

Sects.  49-51  and  caption  preceding  section  49  stricken  out,  1954, 
627  §  9.    (See  1954,  627  §§  65,  67.) 

Sect.  52  amended,  1932,  114  §  1;  1954,  627  §  10.  (See  1954,  627 
§§  65,  67.) 

Sect.  53  amended,  1932,  114  §  2;  1954,  627  §  11.  (See  1954,  627 
§§  65,  67.) 

Sect.  56  revised,  1943,  514  §  1;  first  paragraph  amended,  1947, 
453  §  1;  revised,  1948,  665  §  1;  1949,  602;  1950,  668  §  1;  paragraph 
added  at  end,  1945,  677.     (See  1943,  514  §  4;   1948,  665  §§  4,  5.) 

Sect.  57  revised,  1943,  514  §  2;  amended,  1947, 453  §  2;  revised,  1948, 
665  §  2;  amended,  1950,  668  §  2;  1954,  627  §  12.  (See  1943,  514  §  4; 
1948,  665  §§  4,  5;   1954,  627  §§  65,  67.) 

Sect.  57A  added,  1945,  658  §  8  (making  certain  provisions  of  the 
contributory  pension  laws  applicable  to  the  retirement  of  veterans  under 
veterans'  non-contributory  pension  laws). 

Sect.  58  revised,  1943,  514  §  3;  1948,  665  §  3;  amended,  1950,  668 
§  3.     (See  1943,  514  §  4;   1948,  665  §§  4,  5.) 

Sect.  58 A  added,  1945,  671  (further  regulating  the  creditable  service 
of  certain  veterans  in  the  public  service  upon  their  retirement  there- 
from); revised,  1954,  627  §  13.    (See  1954,  627  §§  65,  67.) 

Sect.  60,  paragraph  added  at  end,  1934,  285  §  2;  same  paragraph 
amended,  1937,  102  §  2;  1938,  452  §  1;  section  revised,  1945,  483  §  2: 
678;  1954,  627  §  14;  1954,  688  §  3.  (See  1938,  452  §  2;  1954,  627 
§§  65,  67.) 


Chap.  32.]  GENERAL   LawS.  853 

Sect,  60A,  paragraph  added  at  end,  1934,  285  §  3;  amended,  1937, 
102  §  3;  revised,  1945,  483  §  3;  repealed,  1954,  627  §  15.  (See  1954, 
627  §§  65,  67.) 

Sects.  61-64  repealed,  1937,  409  §  2.     (See  1937,  409  §§  5-7.) 

Sect.  65,  last  sentence  stricken  out,  1937,  336  §  22;  section  repealed, 
1937,  409  §  2.     (See  1937,  409  §§  5-7.) 

Sect.  65A  added,  1937,  409  §  1  (relative  to  the  retirement  or  resigna- 
tion of  members  of  the  judiciary);  amended,  1939,  451  §  5;  sentence 
added  at  end,  1946,  525;  same  sentence  revised,  1950,  747  §  1 ;  1951,  775. 
(See  1937,  409  §§5-7;    1950,  747  §  2.) 

Sect.  65B  added,  1941,  689  §  1  (providing  pensions  for  special  justices 
of  district  courts);  revised,  1943,  398.     (See  1941,  689  §  2.) 

Sect,  66,  paragraph  added  at  end,  1934,  285  §  4;  amended,  1937, 
102  §  4. 

Sect.  68  revised,  1943,  545  §  1;    1945,  322. 

Sects.  68A-68C  added,  1939,  503  §  3  (relative  to  the  retirement  of 
members  of  the  state  poUce).     (See  1939,  503  §  5.) 

Sect.  68C  revised,  1943,  545  §  2. 

Sects.  68A-68C  stricken  out,  1945,  658  §  1.     (See  1945,  658  §  11.) 

Sect  69  revised,  1946,  576  §  1. 

Sect.  70,  paragraph  added  at  end,  1934,  285  §  5;  amended,  1937, 
102  §  5;  section  revised,  1937,  416  §  4;  repealed,  1939,  441  §  4.  (See 
1937,  416  §  5;   1939,  441  §§  3,  5.) 

Sect.  75,  paragraph  added  at  end,  1934,  285  §  6;  amended,  1937, 
102  §  6;  section  revised,  1938,  323  §  1. 

Sect.  76  revised,  1938,  323  §  2. 

Sect.  77,  paragraph  (a)  revised,  1936,  290  §  1 ;  1939,  243 ;  paragraph 
(6)  amended,  1945,  483  §  3A;  paragraph  (c)  added  at  end,  1936,  290 
§  2;  amended,  1945,  483  §  3B.  (Affected,  1937,  102  §  7,  283.)  (See 
1948,  515.) 

Sect.  78  revised,  1939,  361  §  1;  amended,  1945,  483  §  4.  (Affected, 
1937,  102  §  7,  283;   1939,  361  §  2.) 

Sect.  78A  added,  1934,  285  §  7  (providing  for  the  ultimate  abolition 
of  non-contributory  pensions  under  certain  provisions  of  general  law 
for  laborers);  amended,  1937,  102  §  7;  revised,  1937,  283  §  1.  (See 
1937,  283  §  2.) 

Sects.  80-85.    See  1949,  636. 

Sect.  80,  paragraph  added  at  end,  1934,  285  §  8;  section  amended, 
1936,  439  §  1;  last  paragraph  amended,  1937,  102  §  8;  section  amended, 

1945,  483  §  5. 

Sect.  81  amended,  1933,  103;   1938,  277  §  1.    (See  1938,  277  §  3.) 
Sects.  81A  and  81B  added,  1946,  576  §  2  (additional  provisions  for  the 
retirement  of  members  of  fire  departments  in  certain  cities).     (See 

1946,  576  §  8.) 

Sect.  83  amended,  1936,  439  §  2;  1938,  277  §  2;  last  sentence  of  first 
paragraph  revised,  1939,  264  §  1;  section  amended,  1945,  483  §  6. 
(See  1938,  277  §  3;   1939,  264  §  2.) 

Sect.  83A  added,  1946,  576  §  3  (additional  provisions  for  the  retire- 
ment of  members  of  police  departments  in  certain  cities).  (See  1946, 
576  §  8.) 

Sect.  84  amended,  1945,  483  §  7. 

Sect.  85,  first  sentence  amended,  1945,  483  §  8;  second  sentence 
revised,  1936,  439  §  3. 


854  Changes  in  the  [Chap.  32. 

Sect.  85A  revised,  1935,  31  §  1;  amended,  1945,  483  §  9;  revised, 
1946,  576  §  4.    (See  1935,  31  §  2.) 

Sect.  85B  added,  1932,  253  (regulating  the  retirement  and  pension- 
ing of  certain  members  of  the  pohce  forces  of  park  boards  of  cities  and 
towns) ;  amended,  1945,  483  §  10. 

Sect.  85C  added,  1934,  285  §  9  (providing  for  the  ultimate  abolition 
of  non-contributory  pensions  under  certain  provisions  of  general  law 
for  policemen  and  firemen) ;  amended,  1937,  102  §  9. 

Sect.  85D  added,  1937,  220  (relative  to  the  retirement  of  certain  call 
members  of  fire  departments  in  certain  towns);  amended,  1945,  483 
§  11;  revised,  1946,  576  §  5. 

Sect.  85E  added,  1946,  576  §  6  (additional  provisions  for  the  retire- 
ment of  members  of  pohce  and  fire  departments  in  certain  towns) .  (See 
1946,  576  §  8.) 

Sect.  85F  added,  1946,  576  §  6  (relative  to  the  retirement  for  acci- 
dental or  ordinary  disability  of  members  of  police  and  fire  departments 
in  certain  cities  and  towns);  first  sentence  revised,  1952,  431  §  1. 

Sect.  85G  added,  1948,  483  (relative  to  the  retirement  of  certain 
police  officers  and  firemen  of  certain  cities  and  towns). 

Sect.  85H  added,  1952,  431  §  2  (providing  for  retirement  of  certain 
disabled  call  firemen  and  poHcemen  injured  in  line  of  duty);  revised, 
1954,  633. 

Sect.  851  added,  1954,  268  (relative  to  creditable  service  in  the  re- 
tirement of  certain  pohce  officers  and  fire  fighters  in  certain  cities  and 
towns) . 

Sect.  86  revised,  1946,  576  §  7;   1949,  562;  repealed,  1950,  395. 

Sect.  89  revised,  1932,  276;  amended,  1933,  340  §  1;  1934,  343; 
revised,  1935,  466;  amended,  1936,  326;  first  paragraph  amended,  1943, 
366;  first  sentence  amended,  1945,  641;  first  paragraph  revised,  1945, 
696;  1952,  431  §  3;  third  paragraph  amended,  1947,  96;  paragraph 
added  at  end,  1949,  503.     (See  1933,  340  §  2.) 

Sect.  89A  added,  1948,  552  (increasing  annuities  to  dependents  of 
certain  public  employees  killed  or  who  died  from  injuries  received  or 
hazards  undergone  in  the  performance  of  duty);  first  paragraph 
amended,  1950,  757;  third  sentence  amended,  1951,  147  §  1;  fourth 
sentence  revised,  1952,  431  §  4;  last  sentence  revised,  1949,  423  §  1; 
last  paragraph  revised,  1949,  522.     (See  1949,  423  §  2;    1951,  147  §  2.) 

Sect.  90  revised,  1936,  439  §  4. 

Sect.  90A  added,  1943,  452  §  1  (authorizing  certain  cities  and  towns 
to  increase  the  retirement  allowances  of  certain  former  employees  retired 
on  account  of  accidental  disability).  (See  1943,  452  §  2.) 

Sect.  91  revised,  1938,  439  §  5;  amended,  1941,  670  §  24;  first 
sentence  amended,  1947,  462;  revised,  1948,  15  §  2;  amended,  1949, 
511;  1950,  656;  revised,  1951,  417;  sentence  added  at  end,  1947,  394; 
same  sentence  revised,  1950,  264;  1954,  343,  549.  (See  1938,  439  §  7; 
1941,  670  §  26.) 

Sect.  92  amended,  1953,  509  §  2. 

Sect.  94  added,  1950,  551  (presumption  that  hypertension  or  heart 
disease  was  suffered  in  line  of  duty  in  certain  cases  relative  to  retire- 
ment for  accidental  disability);  revised,  1951,  594. 

Sects.  95-97  added,  1953,  387  (authorizing  cities  and  towns  to  grant 
or  increase  retirement  allowances,  pensions  or  annuities  to  certain  em- 
ployees or  their  survivors). 


Chaps.  33-35.]  GENERAL  Laws.  855 


Chapter  33.  —  Militia. 

Act  establishing  a  special  military  reservation  commission,  and  au- 
thorizing the  acquisition  by  the  commonwealth  for  military  purposes 
of  certain  properties  in  Sandwich,  Bourne,  Falmouth  and  Mashpee, 
1935,  196;  powers  and  duties  of  the  commission  defined,  1936,  344 
§§  1,  2;  reservation  enlarged,  1941,  5.    (See  1938,  331.) 

Chapter  stricken  out  and  new  chapter  33  inserted,  1939,  425  §  I.  (See 
1939,  425  §  2.) 

Chapter  stricken  out  and  new  chapter  33  inserted,  1954,  590  §  1.  (See 
1954,  590  §  2.) 

For  prior  changes  see  Tables  of  Changes  contained  in  Acts  and  Resolves 
of  1952  and  1953. 


Chapter  34.  —  Counties  and  County  Commissioners. 

Sect.  1  revised,  1933,  278  §  2. 

Sect.  4  amended,  1935,  257  §  1;  revised,  1939,  31  §  1.  (See  1935, 
257  §  12.) 

Sect.  5,  schedule  revised,  1943,  102  §  1;  1949,  193  §  1,  767  §  1; 
1951,  743  §  3.  (See  1943,  102  §  2;  1949,  193  §  2,  767  §  2;  1951,  743 
§§  4-6.) 

Sect.  7  amended,  1935,  257  §  2;  last  sentence  stricken  out,  1939, 
31  §  2.     (See  1935,  257  §  12.) 

Sect.  12  revised,  1935,  257  §  3.     (See  1935,  257  §  12.) 

Sect.  14,  last  sentence  amended,  1947,  58. 

Sect.  16  revised,  1947,  449  §  1.     (See  1947,  449  §  7.) 

Sect.  17  revised,  1932,  74;  third  sentence  stricken  out  and  two  sen- 
tences inserted,  1949,  797;  sentence  inserted  before  last  sentence,  1949, 
481  §  3;  affected,  1939,  452  §  7;  section  revised,  1951,  479. 

Sect.  19  amended,  1935,  257  §  4.     (See  1935,  257  §  12.) 

Sect.  23  added,  1932,  297  (authorizing  counties  to  receive  certain 
gifts);   revised,  1950,  162  §  2;   second  sentence  revised,  1954,  126  §  2.) 


Chapter  35.  —  County  Treasurers,  State  Supervision  of  County  Accounts 

and  County  Finances. 

For  legislation  enabling  counties  to  secure  the  benefits  provided  by 
the  federal  government  to  assist  them  in  public  works  projects  see, 
1945,  74;  1947,  526.  [For  prior  legislation,  see  1933,  366;  1934,  21; 
1935,404;  1936,64,83,414;  1937,159;  1938,50,82;  1939,423;  1941, 
639;  1943,  58.] 

Provisions  relative  to  travel  allowance  of  county  employees  using  cer- 
tain cars  on  official  business,  1933,  322  §  4;  1939,  452  §  2;  1941,  528  §  3; 
1943,  465  §  3;  1945,  550  §  3;  1946,  348  §  3. 

Provisions  relative  to  expenses  incurred  for  meals  by  county  em- 
ployees, 1939,  452  §  3;  1941,  528  §2;  1943,  465  §2;  1945,  550  §2;  1946, 
348  §  2. 

For  legislation  increasing  the  salaries  of  justices,  clerks  and  probation 
officers  of  district  courts,  probation  officers  of  the  superior  court,  trial 
justices  and  county  commissioners,  see  1946,  348  §  4. 

Sect.  2  revised,  1945,  289. 

Sect.  3  revised,  1932,  56;  sentence  added  at  end,  1939,  109  §  2. 


856  Changes  in  the  [Chap.  35. 

Sect.  11  amended,  1943,  65;  revised,  1950,  659  §  1. 

Sect.  19A  added,  1945,  635  §  2  (providing  for  advances  of  their 
vacation  pay  to  officers  and  employees  of  counties). 

Sect.  19B  added,  1953,  436  §  1  (relative  to  the  payment  of  salaries, 
wages  or  other  sums  owing  by  cities  and  towns  upon  the  death  of  their 
officers  and  employees) ;    revised,  1954,  562  §  2.     (See  1953,  436  §  7.) 

Sect.  20  revised,  1950,  659  §  2. 

Sect.  21  amended,  1937,  64  §  2. 

Sect.  22  revised,  1948,  153;   1952,  87. 

Sect.  24  revised,  1951,  530  §  2. 

Sect.  25  amended,  1933,  175  §  1. 

Sect.  27  amended,  1933,  175  §  2. 

Sect.  28  amended,  1933,  318  §  2;  1934,  291  §  2;  revised,  1939,  501 
§  1;  1945,  158  §  1;  first  sentence  revised,  1952,  80;  1953,  33;  two 
sentences  inserted  after  first  sentence,  1949,  481  §  1;  next  to  last  sen- 
tence amended,  1950,  543  §  4;  1952,  516;  1953,  70.  (See  1933,  318 
§  9;   1934,  291  §  6.) 

Sect.  28A  added,  1943,  414  §  2  (establishing  a  budget  system  for 
county  tuberculosis  hospitals);  amended,  1945,  158  §  7;  revised,  1945, 
398  §  3.     (See  1945,  398  §§  4,  5.) 

Sect.  29  revised,  1939,  501  §  2;  amended,  1945,  158  §  2. 

Sect.  30  revised,  1939,  501  §  3;  sentence  added  at  end,  1943,  39; 
section  revised,  1945,  158  §  3. 

Sect.  34  revised,  1937,  36;  amended,  1939,  501  §  4;  1945,  158  §  4; 
1948,  591  §  3.     (See  1948,  591  §§  4-7.) 

Sect.  34A  added,  1947,  201  (relative  to  agreements  entered  into  by 
county  commissioners  for  highway  work  in  anticipation  of  appropria- 
tions). 

Sect.  36A  amended,  1939,  501  §  5;  revised,  1943,  80;  first  sentence 
amended,  1945,  158  §  5. 

Sect.  37  amended,  1933,  28. 

Sect.  37A  amended,  1933,  29;  sentence  inserted  before  last  sentence, 
1952,  66. 

Sect.  38  amended,  1953,  75. 

Sects.  39A-39F  added,  1949,  488  (relative  to  the  furnishing  and  cer- 
tification of  county  notes  by  the  director  of  accounts). 

Sect.  40  amended,  1936,  23  §  1. 

Sect.  43A  revised,  1939,  214  §  1. 

Sect.  43B  added,  1939,  214  §  2  (relative  to  the  effect  of  the  fifing  of 
annual  fidelity  bonds  by  county  officers  and  employees). 

Sect.  44  amended,  1949,  481  §  2. 

Sect.  45  amended,  1953,  319  §  5.    (See  1953,  319  §§  39,  40.) 

Sect.  46  revised,  1953,  654  §  2. 

Sect.  48,  fourth  sentence  revised,  1947,  102  §  1 ;  last  sentence  of  first 
paragraph  revised,  1949,  538;  paragraph  added  at  end,  1947,  102  §  2. 

Sect.  49  amended,  1935,  182  §  1;  1938,  347  §  1;  1939,  165  §  1;  1941, 
447  §  1;  1943,  136  §  1;  1945,  486  §  2;  1946,  262  §  1;  revised,  1946, 
512  §  1;  amended,  1947,  290  §  1;  first  sentence  amended,  1947,  400  §  1; 
revised,  1947,  469  §  1;  amended,  1948,  183  §  1,  664  §  1;  revised,  1949, 
774  §  1;  amended,  1951,  611  §  2.  (See  1935,  182  §  6;  1938,  347  §  3; 
1939,  165  §  3;  1941,  447  §§  4,  5;  1943,  136  §  3;  1946,  262  §§  4,  5;  512 
§3;  1947,  400  §§3, 4;  1949,  774  §5.) 

Sect.  51  amended,  1938,  73  §  2;  paragraph  added  at  end,  1948,  345. 


Chaps.  36-38.]  GENERAL   LaWS.  857 

Sects.  51A  and  51B  added,  1948,  591  §  1  (establishing  a  salary- 
schedule  for  certain  officers  and  employees  of  counties,  except  Suffolk, 
and  providing  for  certain  temporary  cost-of-living  adjustments).  (See 
1948,  591  §§  4-7;   1949,  782  §§  2,  4,  5,  6.) 

Sect.  51B,  salary  schedule  revised,  1949,  782  §  1;  1951,  743  §§  1,  2; 
1954,  566  §  1;  paragraph  (2)  revised,  1954,  566  §  2;  paragraph  (7)  re- 
vised, 1949,  782  §  3.  (See  1949,  782  §§  2,  4,  5,  6;  1951,  743  §§  4-6; 
1954,  566  §§  3,  4.) 

Sect.  52,  second  paragraph  revised,  1938,  73  §  1. 

Sect.  54  revised,  1948,  591  §  2.     (See  1948,  591  §§  4-7.) 

Sect.  55  amended,  1949,  774  §  6. 

Chapter  36.  —  Registers  of  Deeds. 

Sect.  3  revised,  1937,  219  §  1;   1939,  214  §  3. 

Sect.  4  amended,  1947,  352  §  2. 

Sect.  5  revised,  1947,  352  §  1. 

Sect.  11  revised,  1947,  449  §  2.     (See  1947,  449  §  7.) 

Sect.  13A  amended,  1951,  191. 

Sect.  15  revised,  1949,  395  §  1.    (See  1949,  395  §  3;   1950,  182,  350.) 

Sect.  18A  added,  1947,  256  §  2  (authorizing  registers  and  assistant 
registers  to  print  or  type  names  of  persons  on  filed  instruments  if  not 
clearly  legible). 

Sect.  24,  sentence  added  at  end,  1952,  245. . 

Sect.  24 A  added,  1941,  89  (authorizing  the  recording  of  certified 
copies  of  petitions,  decrees  and  orders  filed  or  made  pursuant  to  the 
federal  bankruptcy  laws  and  thereby  giving  effect  to  certain  provi- 
sions of  said  laws). 

Sect.  24B  added,  1945,  569  §  1  (relative  to  the  furnishing  of  abstract 
cards  and  photostatic  copies  of  recorded  instruments  in  the  Norfolk 
county  registry  of  deeds  and  Norfolk  registry  district  to  the  assessors  of 
municipalities  of  said  county);  first  paragraph  revised,  1949,  189;  sec- 
tion revised,  1950,  539  §  1. 

Sect.  28  amended,  1952,  250  §  1.    (See  1952,  250  §  3.) 

Sect.  31  repealed,  1952,  250  §  2.    (See  1952,  250  §  3.) 

Sect.  33,  paragraph  added  at  end,  1948,  664  §  2;  revised,  1952,  543. 

Chapter  37.  —  Sheriffs. 

Sect.  2  revised,  1937,  219  §  2. 

Sect.  17  amended,  1945,  63;  1946,  121. 

Sect.  21  revised,  1943,  159  §  1.  (See  1943,  159  §  2.) 

Sect.  22  amended,  1932,  180  §  5. 

Sect.  23  amended,  1936,  31  §  2;  repealed,  1937,  148. 

Chapter  38.  —  Medical  Examiners. 

Sect.  1,  paragraph  in  lines  70-76  amended,  1939,  260;  1947,  69  §  1; 
section  amended,  1939,  451  §  6;   paragraph  added  at  end,  1952,  44. 

Sect.  2,  last  sentence  revised,  1945,  632  §  1. 

Sect.  2A  added,  1943,  153  §  1  (authorizing  associate  medical  exam- 
iners in  Barnstable  County  to  perform  the  duties  of  medical  examiner 
thereof  in  certain  cases);  repealed,  1945,  632  §  2.    (See  1943,  153  §  2.) 

Sect.  3  revised,  1939,  214  §  4. 


858  Changes  in  the  [Chaps.  39, 40. 

Sect.  5,  first  three  sentences  revised,  1947,  579;  third  sentence 
amended,  1949,  510;  last  sentence  revised,  1945,  632  §  3. 

Sect.  6  amended,  1939,  475;  revised,  1945,  632  §  4. 

Sect.  7  amended,  1941,  366;  revised,  1945,  632  §  5;  amended,  1953, 
319  §  6;  last  sentence  revised,  1950,  143.    (See  1953,  319  §§  39,  40.) 

Sect.  8  revised,  1932,  118  §  1;  amended,  1939,  30  §  1.  (See  1939, 
30  §  2.)        ' 

Sect.  9  amended,  1953,  319  §  7.    (See  1953,  319  §§  39,  40.) 

Sect.  11  amended,  1941,  499. 

Sect.  18  revised,  1953,  320. 

Sect.  19  revised,  1945,  632  §  6. 


Chapter  39.  —  Municipal  Government. 

Sect.  6A  added,  1952,  259  §  1  (relative  to  salaries  of  certain  mayors, 
city  councillors  and  aldermen).     (See  1952,  259  §  4.) 

Sect.  8A  added,  1950,  132  §  1  (relative  to  the  removal  of  certain 
officers  of  cities  by  the  city  council).     (See  1950,  132  §  2.) 

Sect.  10  amended,  1935,  403  §  1;  1939,  182;  sentence  inserted  after 
third  sentence,  1949,  152  §  1;  fifth  and  sixth  sentences  revised,  1954, 
32.    (See  1935,  403  §  2.) 

Sect.  14,  first  and  second  paragraphs  revised,  1943,  453  §§1  and  2, 
respectively;  paragraph  added  at  end,  1949,  152  §  2. 

Sect.  16,  first  paragraph  revised,  1950,  56. 

Sect.  19  repealed,  1934,  39  §  1. 

Sect.  20  amended,  1934,  39  §  2. 

Sect.  23  amended,  1934,  39  §  3. 


Chapter  40.  —  Powers  and  Duties  of  Cities  and  Towns. 

For  temporary  legislation,  relative  to  the  appointment  of  veterans  to 
civil  service  employments  under  the  apprentice  training  provisions  of 
the  G.  I.  Bill  of  Rights,  so  called,  see  1946,  586;   1947,  673;   1948,  392. 

For  temporary  legislation  relative  to  the  emergency  housing  com- 
mission and  to  local  boards  of  appeals,  see  1946,  592;  1947,609;  1948, 
567. 

Sect.  4,  third  paragraph  revised,  1932,  271  §  6;  section  amended, 
1941,  351  §  3;  1951,  798  §  1;  paragraph  added  at  end,  1946,  358  §  1; 
1950,  521;  same  paragraph  amended,  1954,  33;  paragraph  added  at 
end,  1951,  798  §  2.    (See  1932,  271  §  7;   1951,  798  §  8.) 

Sect.  4A  added,  1945,  438  (authorizing  cities  and  towns  and  certain 
districts  to  make  agreements  relative  to  the  performance  of  certain 
public  services). 

Sect.  4B  added,  1951,  25  §  3  (relative  to  advertising  for  proposals  for 
certain  contracts  of  towns);  sentence  added  at  end,  1951,  678. 

Sect.  5,  clause  (1)  amended,  1933,  318  §3  (see  1933,  318  §9);  1935, 
106;  revised,  1935,  179;  amended,  1951,  798  §  3  (see  1951,  798  §  8); 
amended,  1939,  19;  1945,  391  §  2;  1948,174;  1950,157;  1946,  358  §2; 
1953,149;  revised,  1953,  209;  clause  (2)  amended,  1936,  390;  1950,478; 
clause  (5A)  added,  1938,  172  §  1  (authorizing  appropriations  to  establish 
a  water  supply);  clause  (11)  revised,  1946,  358  §  3;  526;  clause  (12) 
amended,  1932,  114  §  3;  1933,  153  §  2,  245  §  2;  revised,  1936,  132  §  1, 
163;  amended,  1941,  217  §  2;   1943,  99;   1946,  409  §  2;   1947,  144;  re- 


Chap.  40.]  GENERAL   LaWS.  859 

vised,  1947,  468  §  2;  amended,  1948,  445  §  1;  1949,  118  §  2;  revised, 
1950,  27  §  2;  1954,  627  §  16;  amended,  1950,  354  §  2,  492  §  2;  1951,  718; 
clause  (16A)  added,  1946,  358  §  4  (authorizing  appropriations  for  the 
employment  of  legal  counsel  for  general  purposes) ;  clause  (20)  amended, 
1946,  358  §  5;  clause  (23)  revised,  1948,  660  §  24  (see  1948,  660  §  26); 
amended,  1949,  761  §  11;  clause  (25A)  added,  1946,  358  §  6  (authorizing 
appropriations  for  the  maintenance  and  supervision  of  beaches  and  swim- 
ming pools  for  recreation  and  physical  exercise);  revised,  1948,  89; 
clause  (26)  amended,  1946,  358  §  7;  clause  (27)  revised,  1946,  358  §  8; 
clause  (28)  revised,  1936,  211  §  5  (see  1936,  311  §  7);  amended,  1947,  340 
§  5;  revised,  1953,  674  §  9;  clause  (29)  amended,  1953,  535  §  1;  clause 
(33)  revised,  1946, 358  §  9;  clause  (34)  amended,  1951,  149;  clause  (36A) 
added,  1949,  163  (authorizing  appropriations  for  suppression  and  eradi- 
cation of  ragweed);  1950,  141;  clause  (37)  revised,  1943,  177  §  1  (see 
1943,  177  §  2;  1947,  635);  clause  (38)  added,  1934,  154  §  1  (authorizing 
appropriations  for  protection  of  interests  in  real  estate  held  under  tax 
title  or  taking) ;  clause  (39)  added,  1935,  28  (authorizing  appropriations 
for  the  purpose  of  co-operating  with  the  federal  government  in  certain 
unemployment  relief  and  other  projects) ;  clause  (40)  added,  1937,  185 
(authorizing  appropriations  for  eyeglasses  for  needy  school  children); 
clause  (40A)  added,  1947,  525  (authorizing  appropriations  for  payment 
of  expenses  incurred  by  or  in  behalf  of  certain  injured  school  children) ; 
clause  (40B)  added,  1952,  247  §  1  (authorizing  appropriations  for  pay- 
ment of  certain  expenses  incurred  for  injuries  sustained  by  school  pupils 
in  shop  or  laboratory  work);  clause  (41)  added,  1938,  142  §  1  (author- 
izing cities  and  towns  to  appropriate  money  for  stocking  inland  waters 
herein  with  fish  and  for  liberating  game  therein);  amended,  1941,  599 
§  4;  1950,  101;  clause  (42)  added,  1951,  113  (allowing  the  granting  of 
token  awards  by  a  playground  or  recreation  commission);  clause  (43) 
added,  1952,  118  (allowing  the  granting  of  awards  to  municipal  em- 
ployees for  suggestions  relative  to  the  improvement  of  municipal  serv- 
ices); clause  (44)  added,  1952,  239  (authorizing  appropriations  for  the 
payment  of  premiums  for  group  life  insurance  for  permanent  employees) ; 
clause  (45)  added,  1953,  576  §  2  (authorizing  appropriations  for  erect- 
ing and  maintaining  public  bath  houses  in  public  beach  districts); 
clause  (46)  added,  1954,  149  (authorizing  appropriations  for  certain 
celebrations) ;  clause  (47)  added,  1954,  297  §  2  (authorizing  appropria- 
tions for  the  establishment  of  business  and  industrial  commissions). 
(See  1938,  142  §  2;   1954,  627  §§  65,  67.) 

Sect.  5A  added,  1936,  40  (providing  for  the  establishment  of  reserve 
funds  for  cities) ;  amended,  1937,  34;   1949,  135. 

Sect.  5B  added,  1945,  124  (authorizing  cities  and  towns  to  appro- 
priate money  for  a  stabilization  fund). 

Sects.  6C  and  6D  added,  1943,  225  (relative  to  the  removal  by  cities 
and  towns  of  snow  and  ice  from  private  ways  therein  open  to  public  use). 

Sect.  6E  added,  1950,  538  (relative  to  the  repair  by  cities  and  towns 
of  private  ways  therein  open  to  public  use);  amended,  1951,  299. 

Sect.  6F  added,  1953,  386  §  1  (further  regulating  the  repair  by  cities 
and  towns  of  private  ways  therein  open  to  public  use). 

Sect.  8A  added,  1954,  297  §  1  (authorizing  cities  and  towns  to  es- 
tablish commissions  to  promote  business  and  industry).    (See  1954,  511). 

Sect.  9  amended,  1933,  245  §  3;  1935,  305;  1936,  271;  first  para- 
graph revised,  1946,  51;  209  §  2;  409  §  3;  1947,  468  §  3;  671;  amended, 


860  Changes  in  the  [Chap.  40. 

1949,  118  §  3;  revised,  1949,  343  §  1;  paragraph  added  at  end,  1937, 
255;  section  revised,  1949,  563  §  1;  amended,  1950,  303;  1952,  115, 
443;   1953,  469,  175.    (See  1949,  343  §  2.) 

Sect.  9A  repealed,  1949,  563  §  2. 

Sect.  11  amended,  1941,  490  §  9;   1953,  535  §  2;    1948,  355. 

Sect.  IIA  added,  1953,  576  §  3  (relative  to  the  forming  of  public 
beach  districts  by  cities). 

Sect.  12A  repealed,  1941,  598  §  5. 

Sects.  12B-12G  added,  1953,  576  §  1  (authorizing  cities  and  towns  to 
form  public  beach  districts.) 

Sect.  13,  paragraph  added  at  end,  1941,  130. 

Sect.  14  revised,  1933,  283  §  1. 

Sect.  15A  added,  1951,  798  §  4  (authorizing  cities  and  towns  to 
transfer  certain  land  in  certain  cases);  revised,  1954,  105.  (See  1951, 
798  §  8.) 

Sect.  17  amended,  1933,  254  §  2.    (See  1933,  254  §  66.) 

Sect.  21  amended,  1953,  319  §  8;  clause  (16)  added,  1941,  346  §  1; 
clause  (17)  added,  1949,  98;   amended,  1951,  352;   clause  (18)  added, 

1952,  594;  clause  (19)  added,  1953,  402;  clause  (20)  added,  1954,  213. 
(See  1953,  319  §§  39,  40.) 

Sect.  21A  added,  1951,  798  §  5  (authorizing  cities  and  towns  to  es- 
tablish work  weeks  and  hours  for  certain  municipal  employees).  (See 
1951,  798  §  8.) 

Sect.  22,  paragraph  added  at  end,  1949,  644  §  1. 

Sect.  22A  added,  1947,  442  §  1  (authorizing  the  installation  and 
operation  of  parking  meters  in  cities  and  towns);  sentence  added  at 
end,  1949,  644  §  2;  sentence  added  at  end,  1952,  592. 

Sect.  22B  added,  1949,  776  (authorizing  the  use  of  receipts  from 
parking  meters  for  the  acquisition  and  maintenance  of  off-street  park- 
ing areas  and  faciUties) ;  amended,  1953,  92. 

Sect.  22C  added,  1951,  326  (relative  to  parking  meters  in  off-street 
parking  lots). 

Sects.  25-33.  For  special  zoning  provisions  for  Boston,  see  1924, 
488  and  amendments  prior  to  1932;  1932,  143;  1933,  204;  1943,  210; 
1936,  240;    1941,  373;    1946,  198. 

Sects.  25-30A  stricken  out,  and  new  sections  25-30A  (municipal 
zoning  laws)  inserted,  1933,  269  §  1.     (See  1933,  269  §  4.) 

Sect.  25,  first  paragraph  amended,  1950,  325  §  1. 

Sect.  26  amended,  1952,  438. 

Sect.  27  revised,  1941,  320. 

Sect.  27A  added,  1938,  133  §  1  (to  prevent  multipHcity  of  proposals 
for  the  same  change  in  zoning  ordinances  or  by-laws). 

Sect.  28  revised,  1941,  176. 

Sect.  30,  first  paragraph  (as  appearing  in  1933,  269  §  1)  amended, 
1945,  167;  second  paragraph  (as  so  appearing)  amended,  1951,  205; 
paragraph  in  lines  54-60  (as  appearing  in  1933,  269  §  1)  stricken  out 
and  two  paragraphs  added,  1941,  198  §  1;  paragraph  in  hnes  61-70 
(as  so  appearing)  amended,  1935,  388  §  1;  clause  (1)  in  lines  72-76  (as 
so  appearing)  revised,  1941,  198  §  2;  paragraph  in  lines  80-90  (as  so 
appearing)  amended,  1935,  388  §  2;   next  to  last  paragraph  amended, 

1953,  102.    (See  1941,  198  §  3.) 

Sects.  25-30.    Temporarily  affected,  1951,  307. 

Sect.  30A  stricken  out  and  reinserted  as  section  30B  and  new  sec- 


Chaps.  40A-41.]  GENERAL   LaWS.  861 

tion  30A  inserted,  1938,  133  §  2  (to  prevent  multiplicity  of  proposals 
for  the  same  change  in  the  application  of  zoning  ordinances  or  by-laws) . 

Sect.  BOB,  sentence  added  at  end,  1950,  325  §  2. 

Sects.  25-30B  stricken  out,  1954,  368  §  1.    (See  1954,  368  §  3.) 

Sect.  32  revised,  1933,  185  §  1;  amended,  1941,  520  §  1;  revised, 
1952,  337.    (See  1933,  185  §  2;    1941,  520  §  2.) 

Sect.  38  revised,  1938,  172  §  2;  paragraph  added  at  end,  1941, 
465  §  1. 

Sects.  39A-39G  added,  1938,  172  §  3  (authorizing  the  establishment 
and  maintenance  of  water  supply  and  distributing  systems). 

Sect.  39A  revised,  1941,  465  §  2. 

Sect.  39H  added,  1943,  125  (authorizing  cities,  towns  and  districts, 
through  their  water  departments,  and  water  companies,  to  aid  similar 
municipal  and  other  corporations  relative  to  their  water  supply). 

Sect.  40  revised,  1933,  314;    1945,  606. 

Sect.  41A  added,  1949,  793  (authorizing  certain  governmental  agen- 
cies to  restrain  the  use  of  water  during  an  emergency). 

Sect.  42A  revised,  1932,  197  §  2;  amended,  1936,  42  §  1;  revised, 
1938,  415  §  1;  amended,  1941,  380  §  1;  first  three  sentences  stricken 
out  and  two  sentences  inserted,  1954,  487  §  1.  (See  1932,  197  §  3; 
1938,  415  §  7;   1941,  380  §  7;  1954,  487  §  3.) 

Sect.  42B  amended,  1935,  56  §  1:  revised,  1936,  42  §  2;  1938,  415 
§  2;  revised,  1941,  380  §  2;  sentence  inserted  after  fourth  sentence, 
1947,  132;  section  revised,  1954,  487  §  2.  (See  1935,  56  §  2;  1938, 
415  §  7;   1941,  380  §  7;   1954,  487  §  3.) 

Sect.  42C  amended,  1935,  248  §  1;  revised,  1938,  415  §  3;  1941, 
380  §3;  1954,  487  §2.    (See  1938,  415  §  7;  1941,  380  §7;  1954,  487  §3.) 

Sect.  42D,  last  sentence  revised,  1935,  248  §  2;  section  revised,  1938, 
415  §  4;  1941,  380  §  4;  second  paragraph  amended,  1950,  80;  section 
revised,  1954,  487  §  2.  (See  1938,  415  §  7;  1941,  380  §  7;  1954,  487  § 
3.) 

Sect.  42E,  last  sentence  amended,  1932,  180  §  6;  same  sentence  re- 
vised, 1939,  451  §  7;  section  amended,  1941,  380  §  5.  Affected,  1938, 
415  §  7.     (See  1941,  380  §  7.) 

Sect.  42F  affected,  1938,  415  §  7;   1941,  380  §  7. 

Sect.  43A  (relative  to  pipe  lines  for  conveying  petroleum  and  its 
products  and  by-products)  added  under  the  heading  "petroleum  and 
its  products  and  by-products",  1941,  678  §  2. 

Sect.  51  revised,  1937,  196;  two  sentences  added  at  end,  1945,  340; 
section  revised,  1946,  584  §  3.     (See  1946,  584  §  22.) 

Chapter  40A.  —  Zoning  Regulations. 
New  chapter  inserted,  1954,  368  §  2.     (See  1954,  368  §  3.) 

Sect.  14,  last  sentence  revised,  1954,  551  §  1.    (See  1954,  551  §  2.) 

Chapter  41.  — Officers  and  Employees  of  Cities,  Towns  and  Districts. 

Sect.  1,  first  paragraph  revised,  1943,  453  §  3;  paragraph  in  line  10 
revised,  1934,  155  §  1;  paragraph  in  line  11  revised,  1953,  267  §  1; 
paragraph  in  lines  15,  16  revised,  1939,  129;  paragraph  in  line  25  re- 
vised, 1939,  3;  paragraph  added  at  end,  1938,  341  §  2. 

Sect.  4A,  sentence  added  at  end,  1951,  6. 

Sect.  5  amended,  1934,  39  §  4. 


862  Changes  in  the  [Chap.  41. 

Sect.  10  revised,  1954,  201. 

Sect.  11  amended,  1938,  341  §  3. 

Sect.  13  amended,  1936,  18;   1937,  143  §  1. 

Sect.  13A  added,  1932,  289  §  5  (provisions  relative  to  bonds  of  city- 
clerks).  [For  prior  legislation,  see  G.  L.  chapter  140  §  148,  repealed 
by  1932,  289  §  6.] 

Sect.  13B  added,  1954,  139  (relative  to  the  renewal  of  licenses  and 
permits  in  certain  cities). 

Sect.  15A  revised,  1949,  136. 

Sect.  17  revised,  1954,  83. 

Sects.  18A  and  18B  added,  1948,  56  (providing  that  the  records  of 
city  clerks  may  be  attested  by  the  volume  and  that  a  facsimile  of  the 
signature  of  the  city  clerk  shall  be  valid  in  certain  cases). 

Sect.  19,  last  sentence  revised,  1938,  66;  same  sentence  amended, 
1945,  245;  sentence  added  at  end,  1947,  391. 

Sect.  19A  added,  1933,  70  §  1  (requiring  the  filing  with  the  state 
secretary  of  certificates  of  appointment  or  election  of  clerks  or  assistant 
or  temporary  clerks  of  cities  or  towns,  and  granting  authority  to  said 
secretary  to  authenticate  attestations  of  any  such  officer).  (See  1933, 
70  §  2.) 

Sects.  19B-19E  added,  1950,  388  (relative  to  the  tenure  of  office  of 
city  and  town  clerks). 

Sect.  21,  first  paragraph  revised,  1953,  101  §  2;  last  paragraph  re- 
vised, 1934,  155  §  2.    (See  1934,  155  §  4.) 

Sect.  24,  paragraph  added  at  end,  1945, 136  §  1 ;  section  revised,  1951 
364;  1953,  267  §  2.    (See  1945,  136  §  2.) 

Sect.  24A  repealed,  1937,  129  §  1. 

Sect.  25  revised,  1937,  129  §  2. 

Sect.  25A  revised,  1937,  129  §  3;  first  sentence  revised,  1950,  151; 
third  sentence  revised,  1951,  77. 

Sect.  26  revised,  1937,  129  §  4. 

Sect.  26A  added,  1935,  149  (relative  to  employment  of  counsel  by 
boards  of  assessors  in  certain  cases);   revised,  1951,  215  §  2. 

Sect.  27  revised,  1936,  118  §  1.     (See  1936,  118  §  3.) 

Sect.  28  amended,  1939,  342  §  2. 

Sect.  30A  added,  1946,  211  (relative  to  the  effect  of  a  vacancy  in 
the  office  of  assessor). 

Sect.  32,  sentence  added  at  end,  1950,  793  §  3. 

Sect.  33,  two  sentences  added  at  end,  1950,  793  §  4. 

Sect.  35  revised,  1937,  143  §  2;  sentence  added  at  end,  1939,  109  §  1. 

Sect.  37  revised,  1933,  82  §  2;  amended,  1934,  259  §  2. 

Sect.  38A  amended,  1936,  201;  revised,  1941,  211;  first  sentence 
revised,  1948,  197. 

Sect.  39A  added,  1939,  89  (providing  for  the  appointment  of  assistant 
treasurers  of  cities  and  towns) ;  last  sentence  revised,  1953,  55. 

Sect.  39B  added,  1943,  284  (authorizing  the  suspension  and  removal 
of  city  and  town  collectors  and  the  appointment  of  temporary  collectors 
under  certain  circumstances) ;  first  sentence  amended,  1951,  256. 

Sect.  40  revised,  1937,  143  §  3;  sentence  inserted  before  last  sentence, 
1951,  83. 

Sect.  43A  added,  1939,  88  (requiring  municipalities  to  indemnify 
and  protect  collectors  of  taxes  in  the  performance  of  their  duties  in 
certain  cases);  revised,  1941,  99. 


Chap.  41.]  GENERAL   LaWS.  863 

Sect.  45 A  added,  1952,  79  (providing  that  the  selectmen  shall  be  the 
commissioners  of  trust  funds  in  certain  small  towns). 

Sect.  49A  added,  1948,  211  (providing  for  the  appointment  of  an 
assistant  by  auditors,  accountants,  and  officers  having  similar  duties, 
of  cities  and  towns). 

Sect.  53,  last  sentence  revised,  1948,  84. 

Sect.  54A  amended,  1936,  62. 

Sect.  56  revised,  1950,  55. 

Sect.  59  amended,  1936,  94. 

Sect.  61A  revised,  1937,  143  §  4. 

Sect.  66  revised,  1934,  155  §  3. 

Sects.  69A  and  69B  added,  1938,  172  §  4  (relative  to  the  establish- 
ment and  powers  and  duties  of  boards  of  water  commissioners  in  certain 
towns). 

Sects.  69C-69F  added,  1953,  101  §  1  (relative  to  the  establishment 
in  towns  of  a  department  of  public  works  exercising  the  powers  of 
certain  other  departments  and  town  officers). 

Sect.  69E  amended,  1954,  45. 

Sect.  70,  paragraph  added  at  end,  1936,  211  §  1;  amended,  1947, 
340  §  1.    (See  1936,  211  §  7.) 

Sect.  71  amended,  1943,  266;   1953,  409  §  6. 

Sect.  72  revised,  1936,  211  §  2;  first  sentence  amended,  1947,  340  §  2; 
1953,  674  §  1.    (See  1936,  211  §  7.) 

Sect.  73,  paragraph  added  at  end,  1936,  211  §  3;  amended,  1947, 
340  §  3;  two  sentences  added  at  end,  1953,  674  §  8.  (See  1936,  211  § 
7.) 

Sects.  81A-81J  added,  under  caption  "improved  method  op  munic- 
ipal planning",  1936,  211  §  4.    (See  1936,  211  §  7.) 

Sect.  81  A,  last  paragraph  revised,  1938,  113. 

Sects.  81A-81J  stricken  out  and  sections  81A  to  81Y  inserted,  1947, 
340  §  4. 

Sect.  8 IB  amended  and  paragraph  added  at  end,  1953,  674  §  2. 

Sect.  81C  amended,  1953,  409  §  7. 

Sect.  81D,  sentence  inserted  after  second  sentence,  1954,  643  §  1. 

Sect.  81E,  three  paragraphs  added  at  end,  1953,  674  §  3. 

Sect.  81F,  sentence  added  at  end,  1953,  674  §  4. 

Sect.  81G  revised,  1953,  674  §  5. 

Sect.  81J,  first  sentence  amended  and  sentence  inserted  after  third 
sentence,  1953,  674  §  6. 

Sects.  81K  to  81Y  stricken  out  and  sections  81K  to  SlGG  inserted,  under 
caption  "  Subdivision  Control",  1953,  674  §  7.     (See  1953,  674  §  11.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1952. 

Sect.  86  amended,  1939,  261  §  5. 

Sect.  87A  added,  1954,  386  (providing  for  the  appointment  of  certain 
employees  of  the  registry  of  motor  vehicles  as  weighers  and  measurers) . 

Sect.  91B  added,  1933,  128  (further  regulating  the  appointment  of 
constables). 

Sect.  96A  added,  1938,  342  (disqualifying  felons  from  appointment 
to  the  police  forces  or  departments  of  cities,  towns  and  districts). 

Sect.  97A  added,  1948,  540  (relative  to  the  establishment  of  poUce 
departments  in  certain  towns) ;  revised,  1948,  595. 


864  Changes  in  the  [Chap.  41. 

Sect.  98  amended,  1953,  319  §  9;  third  sentence  revised,  1954, 
162  §  1.    (See  1953,  319  §§  39,  40.) 

Sect.  99  amended,  1932,  124;  revised,  1951,  214. 

Sect,  100,  sentence  added  at  end,  1933,  324  §  3;  section  amended, 
1938,  298;  revised,  1945,  670;  second  sentence  revised,  1950,  337; 
sentence  inserted  after  second  sentence,  1950,  398;  sentence  inserted 
before  last  sentence,  1950,  550;  last  sentence  revised,  1950,  412  §  1. 
(See  1950,  412  §  2.) 

Sect.  lOOA  amended,  1933,  318  §  4;  1934,  291  §  3;  1945,  391  §  1; 
1949,  128.     (See  1933,  318  §§  8,  9;  1934,  291  §  6;  1945,  391  §  3.) 

Sect.  lOOB  added,  1953,  628  §  1  (providing  for  the  indemnification 
by  cities  and  towns  of  certain  retired  police  officers  and  firefighters  for 
certain  hospital,  medical  and  surgical  expenses).    (See  1953,  628  §  2.) 

Sect.  105  amended,  1936,  132  §  2;  sentence  added  at  end,  1954, 
627  §  17.    (See  1954,  627  §§  65,  67.) 

Sect.  107,  second  sentence  revised,  1953,  44. 

Sect.  108  revised,  1947,  540  §  1. 

Sect.  108A  added,  1947,  540  §  2  (authorizing  cities  and  towns  to 
establish  salary  plans  for  certain  employees  thereof) ;  revised,  1948,  351. 

Sect.  108B  added,  1949,  235  (providing  for  additional  compensation 
and  expenses  for  assessors  and  collectors  in  towns  for  assessing  and 
collecting  district  taxes). 

Sect.  108C  added,  1954,  295  §  2  (relative  to  rules  and  regulations 
promulgated  in  connection  with  compensation  plans  for  municipal 
officers  and  employees  and  municipal  personnel  administration). 

Sect.  110,  sentence  added  at  end,  1950,  242. 

Sect,  llOA  added,  1947,  265  (authorizing  the  closing  of  public  offices 
in  cities  and  towns  on  Saturdays). 

Sect.  Ill  revised,  1932,  109;  amended,  1936,  242;  revised,  1937,  15; 
1941,  368;  fourth  sentence  stricken  out  and  two  sentences  inserted, 
1943,  280;  first  paragraph  revised,  1946,  301;  same  paragraph  stricken 
out  and  three  paragraphs  inserted,  1948,  330  §  1;  same  three  para- 
graphs stricken  out  and  one  paragraph  inserted,  1949,  475  §  1;  same 
paragraph  revised,  1951,  242  §  1.    (See  1948,  330  §  2;   1951,  242  §  2.) 

Sect.  lllA  amended,  1934,  107;  revised,  1949,  172. 

Sect.  11  IB  added,  1945,  156  (providing  sick  leaves  for  laborers,  work- 
men and  mechanics  regularly  employed  by  certain  cities  and  towns); 
amended,  1946,  187;  sentence  added  at  end,  1949,  686. 

Sect.  IIIC  added,  1945,  348  (authorizing  attendance  at  funerals  or 
memorial  services  of  war  veterans  by  certain  municipal  employees  with- 
out loss  of  pay) ;  revised,  1953,  179. 

Sect.  HID  added,  1949,  384  (relative  to  vacations  without  loss  of 
pay  for  regular  members  of  police  and  fire  forces  in  certain  cities  and 
towns).     See  1950,  36  §  1. 

Sect.  11  IE  added,  1949,  475  §  2  (providing  for  payment  of  compen- 
sation to  certain  municipal  employees  and  their  beneficiaries  in  lieu  of 
vacations  in  certain  cases);  amended,  1953,  436  §  2;   revised,  1954,  13. 

Sect.  lUF  added,  1952,  419  (providing  injured  leave  for  certain  in- 
capacitated police  officers  and  firefighters). 

Sect,  lUG  added,  1952,  488  (relative  to  aimual  vacations  for  cer- 
tain employees  of  certain  cities  and  towns). 

Sect.  IIIH  added,  1953,  293  (relative  to  overtime  service  by  poHce 
officers  of  cities  and  towns);  revised,  1954,  573  §  1.  (See  1954,  573  §  2.) 


Chaps.  42,  43.]  GENERAL   LawS.  865 

Sect.  1111  added,  1953,  436  §  3  (relative  to  the  payment  of  salaries, 
wages  or  other  sums  owing  by  cities  and  towns  upon  the  death  of 
their  officers  and  employees) ;    revised,  1954,  562  §3.    (See  1953, 436  §  7.) 

Sect.  112  revised,  1954,  627  §  18.    (See  1954,  627  §§  65,  67.) 

Sect.  112A  added,  1947,  276  (regulating  the  separation  from  the 
service  of  certain  cities  and  towns  of  certain  war  veterans  holding 
unclassified  offices  or  positions). 

Sect.  119,  two  sentences  added  at  end,  1950,  137;  paragraph  added 
at  end,  1950,  779. 

Sect.  120  added,  1949,  133  §  1  (establishing  the  financial  year  of 
fire,  water,  light  and  improvement  districts).     (See  1949,  133  §  2.) 

Sect.  121  added,  1950,  211  (requiring  the  treasurer  of  fire,  water, 
light  and  improvement  districts  to  be  bonded). 

Chapter  42.  —  Boundaries  of  Cities  and  Towns. 

Boundary  line  between  Saugus  and  Wakefield  (portion)  established, 
1933,  298;  between  Woburn  and  Reading  (portion)  established,  1934, 
177;  between  Oak  Bluffs  and  Tisbury  (portion)  established,  1935,  145; 
between  Brewster  and  Orleans  (portion)  established,  1935,  356;  between 
Middleton  and  Topsfield  established,  1936,  96;  between  Foxborough 
and  Walpole  established,  1937,  140;  between  Edgartown  and  Oak 
Bluffs  (portion)  established,  1937,  265;  between  Arlington  and  Bel- 
mont (portion)  established,  1938,  371;  between  Rochester  and  Ware- 
ham  and  between  Marion  and  Wareham  (portion)  established,  1939, 
279;  between  Fitchburg  and  Leominster  (portion)  established,  1941, 
37,  698;  between  Bellingham  and  Franklin  established,  1941,  641; 
between  Chicopee  and  Springfield  (portion)  estabhshed,  1945,  274; 
between  Brewster  and  Dennis  and  between  Dennis  and  Harwich, 
1945,  599;  between  Reading  and  Lynnfield  (portion)  established,  1947, 
243;   between  Dennis  and  Harwich  established,  1947,  372. 

Sect.  1  revised,  1933,  278  §  3. 

Chapter  43.  —  City  Charters. 

Sect.  1,  definition  of  "Plan  D"  revised,  1948,  459  §  1;  three  para- 
graphs inserted  after  word  "inclusive"  in  line  22,  1938,  378  §  1. 

Sect.  5,  paragraph  added  at  end,  1938,  378  §  2;  same  paragraph 
revised,  1948,  459  §  2. 

Sect.  7  amended,  1939,  451  §  8;  revised,  1948,  459  §  3;  paragraph 
added  at  end,  1954,  67. 

Sect.  8,  form  of  petition  revised,  1938,  378  §  3 ;  amended,  1948  ,459  §  4. 

Sect.  9  revised,  1941,  640  §  1;  1948,  459  §  5;  1954,  155.  (See  1941, 
640  §  7.) 

Sect.  10,  paragraph  added  at  end,  1938,  378  §  4. 

Sect.  11  revised,  1941,  640  §  2.    (See  1941,  640  §  7.) 

Sect.  15  amended,  1933,  313  §  7;  last  paragraph  amended,  1938, 
378  §  5;   section  revised,  1941,  640  §  3.     (See  1941,  640  §  7.) 

Sect.  17  revised,  1938,  378  §  6. 

Sect.  17A  added,  1952,  259  §  2  (relative  to  salaries  of  certain  mayors, 
city  councillors  and  city  managers). 

Sect.  18,  paragraph  numbered  4  inserted,  1938,  378  §  7;  amended, 
1949,  723  §  1. 

Sect.  19  revised,  1938,  378  §  8;   amended,  1948,  459  §  6. 


866  Changes  in  the  [Chap.  43A. 

Sect.  23  amended,  1935,  68  §  1. 

Sect.  26,  first  paragraph  revised,  1937,  224  §  1;  amended,  1938, 
378  §  9. 

Sect.  28  amended,  1951,  25  §  1. 

Sect.  29  revised,  1938,  378  §  10;  first  sentence  revised,  1949,  723  §  2; 
amended,  1951,  25  §  2. 

Sect.  30  revised,  1938,  378  §  11;  first  sentence  revised,  1948,  459  §  7. 

Sect.  31  amended,  1938,  378  §  12. 

Sect.  32  amended,  1949,  318. 

Sect.  36  revised,  1938,  378  §  13. 

Sect.  42  amended,  1935,  68  §  2. 

Sect.  44A  amended,  1933,  313  §  8;  last  two  sentences  stricken  out, 
and  paragraph  added  at  end,  1934,  30;  first  paragraph  revised,  1938, 
378  §  14;  last  sentence  of  first  paragraph  stricken  out,  1941,  640  §  4. 
(See  1941,  640  §  7.) 

Sect.  44C,  first  paragraph  amended,  1937,  147;   1943,  229  §  1. 

Sect.  44H  amended,  1932,  180  §  7;  1941,  640  §  5.    (See  1941,  640  §  7.) 

Sect.  46  amended,  1939,  451  §  9. 

Sect.  50A  added,  1936,  135  (relative  to  the  filling  of  vacancies  in  the 
city  council  in  cities  having  a  Plan  A  form  of  charter). 

Sect.  51  repealed,  1952,  259  §  3. 

Sect.  56  amended,  1937,  224  §  2. 

Sect.  59A  added,  1937,  224  §  3  (relative  to  the  filling  of  vacancies  in 
the  city  council  in  cities  having  a  Plan  B  form  of  charter). 

Sect.  62  repealed,  1952,  259  §  3. 

Sect.  78  repealed,  1952,  259  §  3. 

Sects.  79-92  stricken  out  and  new  sections  79-92A  (relative  to 
Plan  D  form  of  charter)  inserted,  1948,  459  §  8. 

Sect.  87  repealed,  1952,  259  §  3. 

Sects.  93-116  added,  under  the  heading  ''Plan  E.  —  Government 

BY  A  city  council  INCLUDING  A  MAYOR  ELECTED  FROM  ITS  NUMBER, 
AND  A   CITY   MANAGER,   WITH   ALL  ELECTIVE   BODIES   ELECTED  AT  LARGE 

BY  PROPORTIONAL  REPRESENTATION",  1938,  378  §  15  (providing  an  ad- 
ditional optional  standard  form  of  city  charter  under  which  substantial 
control  of  the  city  government  is  vested  in  a  city  council  elected  at 
large  by  proportional  representation,  with  a  city  manager  appointed 
and  removable  at  pleasure  by  the  city  council). 

Sects.  93-116  repealed  in  so  far  as  they  provide  for  election  by  pro- 
portional representation  of  city  councils  and  school  committees,  1949, 
661  §  1;  1952,  281  §  1.  (See  1949,  661  §§  lA-3;  1952,  281  §  2;  1953, 
118.) 

Sect.  100  amended,  1941,  722  §  5. 

Sect.  101  repealed,  1952,  259  §  3. 

Sect.  102  amended,  1941,  722  §  6. 

Sect.  103,  first  paragraph  amended,  1950,  353. 

Sect.  110,  first  paragraph  amended,  1949,  181;  form  of  petition 
amended,  1941,  722  §  7. 

Sect.  114,  last  sentence  revised,  1952,  78. 

Chapter  43A.  —  Standard  Form  of  Representative  Town  Meeting 
Government. 

Act  relative  to  Wellesley,  1932,  202:  to  Needham,  1932,  279;  to 
Webster,  1933,  13;  to  South  Hadley,  1933,  45;  to  Easthampton,  1933, 


Chap.  44.]  GENERAL  LaWS.  867 

178;  to  Milford,  1933,  271;  to  Adams,  1935,  235;  to  Falmouth,  1935, 
349;  to  Amherst,  1936,  10;  to  Amesbury,  1936,  39;  to  Braintree,  1936, 
56;  1937,  17;  to  Natick,  1938,  2;  to  Palmer,  1939,  110;  to  Reading, 
1943,  7;  to  Norwood,  1947,  541. 

Sect.  3,  first  paragraph  amended,  1937,  267  §  2. 

Sect.  4,  first  paragraph  amended,  1936,  128. 

Sect.  6  revised,  1943,  1  §  1;  1943,  453  §  4;  amended,  1945,  359; 
next  to  last  sentence  amended,  1947,  291.    (See  1943,  1  §  2.) 

Sect.  8,  first  sentence  revised,  1943,  453  §  5. 


Chapter  44.  —  Municipal  Finance. 

For  temporary  legislation  establishing  an  emergency  finance  board 
in  the  department  of  the  state  treasurer,  and  providing  for  the  borrow- 
ing of  money  by  cities  and  towns  against  certain  tax  titles,  see  1933, 
49,  104;  1935,  221,  300,  456;  1936,  281;  1938,  57;  1939,  288,  496; 
1941,  129;   1943,  413;   1945,  324;   1947,  206;   1949,  79. 

For  legislation  enabling  cities  and  towns  to  secure  the  benefits  pro- 
vided by  the  federal  government  to  assist  them  in  public  works  projects, 
see  1945,  74;  1947,  526;  1949,  327.  [For  prior  legislation,  see  1933,  366; 
1934,  21;  1935,  213,  404;  1946,  64,  83.  414;  1937,  159;  1938,  50,  82; 
1939,423;  1941,639;  1943,58.] 

For  emergency  legislation  authorizing  cities  and  towns  to  make  cer- 
tain appropriations  during  the  existing  state  of  war,  see  1943,  5  §§  1,  6: 
75  §§  1,  2,  4,  5;  1946,  10.    [For  prior  legislation,  see  1941,  487;  1942,  4.) 

For  legislation  authorizing  the  renewal  by  cities  and  towns  of  certain 
temporary  revenue  loans,  see  1947,  108;  1949,  134. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  to  the  commonwealth,  see  1943, 568;  1945,325;  712;  1946, 615. 

For  legislation  authorizing  cities  and  towns  to  borrow,  in  the  years 
1935  to  1948,  inclusive,  on  account  of  public  welfare  and  veterans' 
benefits  (and  in  certain  of  said  years  for  additional  specified  purposes), 
see  1935,  188;  1936,  80;  1937,  107;  1938,  58;  1939,  72,  453;  1941,  92; 
1943,  44;   1945,  73;   1946,  584  §  17;   1947,  611. 

For  legislation  regulating  the  use  of  receipts  from  the  sale  by  cities 
and  towns  of  federal  surplus  commodity  stamps,  1941,  65. 

For  legislation  authorizing  cities  and  towns  to  borrow  for  remodel- 
ing, reconstructing  or  making  extraordinary  repairs  to  public  buildings, 
see  1948,  275. 

Sect.  1,  definition  of  "Revenue"  revised,  1946,  358  §  10. 

Sect.  2  revised,  1936,  224  §  4;  amended,  1946,  358  §  11.  (See  1936, 
224  §§  11,  12.) 

Sect.  4  amended,  1934,  11  §  1;  affected,  1934,  11  §§  2,  3;  amended, 
1936,  16;   1946,  358  §  12;   1947,  298  §  2. 

Sect.  4A  added,  1935,  68  §  3  (temporary  loans  by  cities  in  anticipation 
of  revenue  exempted  from  charter  provisions  relative  to  publication 
and  referendum). 

Sect.  5  amended,  1939,  37. 

Sect.  5A  amended,  1935,  68  §  4. 

Sect.  5B  added,  1943,  61  §  1  (relative  to  borrowing  for  liabihties 
incurred  by  districts  prior  to  the  annual  appropriations). 

Sect.  7  amended,  1936,  224  §  5;  first  paragraph  amended,  1946, 
358  §  13;  1947,  207  §  1;  1948,  275  §  3;  revised,  1951,  54, 181  §  1;  clause 


868  Changes  in  the  [Chap.  44. 

3 A  added,  1947,  207  §  2;  repealed,  1948,  275  §  4;  clause  (5)  revised, 
1947,  101;  amended,  1951,  282  §  1;  clause  (6)  amended,  1951,  282  §  2; 
clause  (12)  repealed,  1946,  358  §  14;  clause  (14)  revised,  1953,  100; 
clause  (15)  added,  1948,  383;  clause  (16)  added,  1951,  181  §  2;  amended, 

1952,  38.    (See  1936,  224  §§  11,  12.) 

Sect.  8,  clause  (3)  revised,  1938,  172  §  5;  clause  (5)  revised,  1941, 
83;  amended,  1952,  123  §  1;  clause  (6)  amended,  1952,  123  §  2;  clause 
(9)  amended,  1939,  457;  1947,  298  §  3;  clause  (13)  added,  1946,  358  §  15; 
amended,  1947,  298  §  4;  clause  (14)  added,  1954, 106.    (See  1952, 123  §  3.) 

Sect.  8A  added,  1939,  108  §  1  (providing  for  submitting  to  the  voters 
of  certain  cities  the  question  of  approving  or  disapproving  orders  author- 
izing the  issue  of  bonds,  notes  or  certificates  of  indebtedness  for  certain 
purposes).     (See  1939,  108  §  2.) 

Sect.  9  amended,  1941,  376;  1946,  384  §  1;  first  paragraph  amended, 
1950,  169;  paragraph  added  at  end,  1947,  298  §  5. 

Sect.  10  amended,  1936,  224  §  6;  1939,  24  §  1;  1946,  329;  second 
sentence  revised,  1950,  51;   section  revised,  1952,  56.     (See  1936,  224 

§§  11,  12.) 

Sect.  11  amended,  1936,  224  §  7.     (See  1936,  224  §§  11,  12.) 

Sect.  12  amended,  1936,  224  §  8;  repealed,  1946,  358  §  16.  (See 
1936,  224  §§  11,  12.) 

Sect.  13  revised,  1946,  358  §  17;  paragraph  added  at  end,  1948,  5. 

Sect.  13A  added,  1943,  61  §  2  (relative  to  the  incurring  of  liabilities 
bv  districts  prior  to  the  annual  appropriations) . 
"^Sect.  16,  last  sentence  stricken  out,  1936,  224  §  10.     (See  1936,  224 

§§  11,  12.) 

Sect.  17  amended,  1946,  358  §  18. 

Sect.  18  amended,  1946,  358  §  19. 

Sect.  19  amended,  1946,  358  §  20. 

Sect.  20  amended,  1946,  358  §  21;  revised,  1947,  60;  sentence  added 
at  end,  1949,  403. 

Sect.  21  amended,  1946,  358  §  22. 

Sect.  22  amended,  1936,  224  §  9.     (See  1936,  224  §§  11,  12.) 

Sect.  26  amended,  1951,  265. 

Sect.  28A  added,  1951,  16  (making  certain  provisions  of  municipal 
finance  laws  applicable  to  regional  school  districts). 

Sect.  29.  As  to  tax  limit  of  Boston,  see  1932,  125;  1933,  159;  1934, 
201;  1935,284;  1936,224. 

Sect.  31  revised,  1946,  358  §  23;  1949,  138;  sentence  added  at  end, 
1954,  46. 

Sect.  31 A  added,  1941,  473  §  1  (relative  to  budgets  in  certain  cities); 
amended,  1953,  654  §  3. 

Sect.  31B  added,  1950,  173  (relative  to  the  Habilities  which  may  be 
incurred  by  fire,  water,  light  and  improvement  districts). 

Sect.  32,  paragraphs  added  at  end,  1938,  175  §  1,  378  §  16;  section 
revised,  1941,  473  §  2;    subdivision  (2)  of  first  paragraph  amended, 

1953,  51 ;  paragraph  added  at  end,  1953,  79. 
Sect.  33  revised,  1941,  473  §  3. 

Sect.  33A  stricken  out  and  new  sections  33A  and  33B  inserted,  1943, 
62  (amending  and  clarifying  the  law  relative  to  budgets  in  cities). 

Sect.  33A  revised,  1947,  298  §  1;  sentence  added  at  end,  1950,  370. 

Sect.  33B,  two  sentences  added  at  end,  1951,  798  §  6.  (See  1951,  798 
§8.) 


Chaps.  45,  46.]  GENERAL   LaWS.  869 

Sect.  34  revised,  1938,  170;  paragraph  added  at  end,  1941,  93. 
Sect.  35  amended,  1941,  454;  revised,  1951,  17  §  1. 
Sect.  40  amended,  1939,  339;  first  sentence  amended,  1945,  29  §  1; 
sentence  inserted  after  first  sentence,  1947,  298  §  6;    section  revised, 

1948,  82;  1951,  17  §  2.     (See  1945,  29  §  2;  repealed  by  1946,  109.) 
Sect.  41  revised,  1946,  432  §  4. 

Sect.  43,  two  sentences  added  at  end,  1951,  276. 

Sect.  46  amended,  1953,  654  §  4. 

Sect.  46A  added,  1932,  155  (making  permanent  certain  provisions  of 
law  relative  to  investigations  of  municipal  accounts  and  financial  trans- 
actions by  the  director  of  accounts).  [For  prior  temporary  legislation, 
see  1926,  210;   1929,  335.] 

Sect.  51  amended,  1934,  355;  repealed,  1938,  458. 

Sect.  54  amended,  1933,  200;   1946,  358  §  24;  revised,  1948,  194  §  1; 

1949,  243;  amended,  1953,  83;  1954,  47. 

Sect.  55,  sentence  added  at  end,  1948,  143  §  1;  1951,  59;  section 
revised,  1953,  103. 

Sect.  55A  revised,  1948,  143  §  2,  194  §  2;  1950,  224;  amended, 
1954,  48. 

Sect.  56A  added,  1934,  229  §  1  (relative  to  the  financial  year  of 
cities).    (See  1934,  229  §§  2,  3.) 

Sect.  58  amended,  1951,  15. 

Sect.  63  amended,  1946,  358  §  25. 

Sect.  64  added,  1941,  179  (authorizing  towns  to  appropriate  money 
for  the  payment  of  certain  unpaid  bills  of  previous  years). 

Sect.  65  added,  1945,  635  §  3  (providing  for  advances  of  their  vaca- 
tion pay  to  officers  and  employees  of  cities  and  towns). 

Chapter  45.  —  Public  Parks,  Playgrounds  and  the  Public  Domain. 

Sect.  2  amended,  1941,  10  §  1. 
Sect.  14  revised,  1949,  256. 

Sect.  17A  added,  1938,  220  (authorizing  cities  and  towns  to  use  cer- 
tain ways  therein  for  playground  purposes) ;  revised,  1953,  80, 
Sect.  18  revised,  1954,  131. 

Chapter  46.  —  Return  and  Registry  of  Births,  Marriages  and  Deaths. 

Sect.  1,  third  sentence  of  second  paragraph  revised,  1933,  280  §  1; 
fourth  paragraph  amended,  1941,  51;  revised,  1954,  627  §  23.  (See 
1954,  627  §§  65,  67.) 

Sect.  1A  added,  1939,  61  §  1  (further  regulating  the  making  and 
recording  of  certificates  of  birth  of  certain  abandoned  children  and 
foundlings). 

Sects.  IB  and  IC  added,  1952,  72  (relative  to  filing  evidence  of  cer- 
tain births  and  deaths  occurring  without  the  commonwealth). 

Sect.  2A  added,  1933,  279  (regulating  the  impounding  of  birth  rec- 
ords of  children  born  out  of  wedlock) ;  amended,  1937,  78  §  1 ;  revised, 
1939,  269  §  1 ;   amended,  1954,  324. 

Sect.  3,  paragraph  added  at  end,  1939,  326  §  1. 

Sect.  4A  added,  1941,  434  (providing  for  the  verification  of  returns 
of  births). 

Sect.  6  revised,  1939,  61  §  2. 

Sect.  7A  added,  1950,  22  (requiring  reports  of  births  in  airplanes). 


870  Changes  in  the  [Chap.  48. 

Sect.  9  amended,  1936,  100;  1945,  113;  sentence  inserted  after  first 
sentence   1954   137. 

Sect.  10  revised,  1954,  627  §  24.    (See  1954,  627  §§  65,  67.) 

Sect.  12  amended,  1937,  78  §  2;  revised,  1945,  439. 

Sect.  13,  paragraph  in  first  to  sixth  Hnes  amended,  1939,  61  §  3; 
second  paragraph  amended,  1933,  280  §  2;  second  paragraph  stricken 
out  and  two  new  paragraphs  inserted,  1938,  63;  first  paragraph  so  in- 
serted revised,  1943,  72  §  2;  paragraph  in  eighteenth  and  nineteenth 
Unes,  as  appearing  in  Tercentenary  Edition,  amended,  1938,  97;  re- 
vised, 1953,  261  §  1;  fourth  paragraph,  as  so  appearing,  amended,  1941, 
50;  same  paragraph  amended,  1945,  65;  1953,  261  §  2;  paragraph 
added  at  end,  1939,  61  §  4;  paragraph  added  at  end,  1948,  550  §  2. 

Sect.  13A  added,  1945,  542  (providing  for  the  recording  of  certain 
births  upon  the  determination  of  facts  relating  thereto  by  a  probate 
court). 

Sect.  16  amended,  1941,  351  §  4. 

Sect.  17  revised,  1932,  12;  amended,  1939,  269  §  2. 

Sect.  19  revised,  1943,  228  §  1;  amended,  1945,  570  §  1;  sentence 
added  at  end,  1950,  366.    (See  1945,  570  §  2.)    (See  1943,  228  §  2.) 

Sect.  20  revised,  1941,  351  §  5. 

Sect.  26  amended,  1939,  326  §  2;  first  sentence  revised,  1947,  283. 

Chapter  48.  —  Fires,  Fire  Departments  and  Fire  Districts. 

For  legislation  enabling  districts  to  secure  the  benefits  provided  by 
the  federal  government  to  assist  them  in  public  works  projects,  see 
1945,  74;    1947,  526.     (For  prior  legislation,  see  1933,  366;    1934,  21; 

1935,  213,  404;   1936,  64,  83,  414;   1937,  159;   1938,  50,  82;   1939,  423; 
1941,639;  1943,58.) 

For  legislation  authorizing  districts  to  borrow,  in  the  years  1935  to 
1944,  inclusive,  on  account  of  public  welfare  and  soldiers'  benefits  (and 
in  certain  of  said  years  for  additional  specified  purposes) ,  see  1935,  188 ; 

1936,  80;  1937,  107;   1938,  58;   1939,  72,  453;   1941,  92;  1943,  44. 
For  legislation  authorizing  the  renewal  by  districts  of  certain  tempo- 
rary revenue  loans,  see  1947,  108. 

For  emergency  legislation  authorizing  districts  to  make  certain  appro- 
priations during  the  existing  state  of  war,  see  1943,  5  §§  1,  6;  75  §§  1,  2, 
4,  5;   1946,  10.    [For  prior  legislation,  see  1941,  487;  1942,  4.] 

Sect.  8  amended,  1941,  490  §  10;  revised,  1954,  104. 

Sect.  13  amended,  1938,  204;  revised,  1941,  581;  1945,  269;  amended, 
1951  274. 

Sect.  1*5  amended,  1932,  180  §  8;  1941,  490  §  11. 

Sect.  16  revised,  1943,  103  §  1 ;  amended,  1952,  222. 

Sect.  18  revised,  1943,  103  §  2. 

Sect.  20A  repealed,  1950,  442. 

Sect.  24  amended,  1953,  535  §  3. 

Sect.  28A  amended,  1941,  490  §  12;  revised,  1953,  496. 

Sect.  28B  revised,  1953,  535  §  4. 

Sect.  28C  added,  1948,  131  (providing  for  the  closing  of  privately 
owned  forest  lands  during  periods  of  fire  hazard). 

Sect.  36A  added,  1948,  149  §  1  (providing  for  the  promotion  of  cer- 
tain call  firemen  to  membership  in  the  permanent  fire  force  in  certain 
cities  and  towns). 

Sect.  37  revised,  1948,  149  §  2. 


Chaps.  49-51.]  GENERAL  LaWS.  871 

Sect.  51A  added,  1948,  337  §  1  (providing  for  the  furnishing  of  gas 
masks  for  the  use  of  members  of  fire  departments) ;  second  paragraph 
revised,  1949,  467  §  1.    (See  1948,  337  §  2;   1949,  467  §  2.) 

Sect.  57A  added,  1953,  640  (relative  to  additional  pay  or  time  off 
for  firefighters  and  others  who  are  required  to  work  on  legal  hoUdays). 

Sect.  58A  added,  1941,  638  (further  regulating  the  hours  of  duty  of 
permanent  members  of  fire  departments  in  certain  cities  and  towns). 

Sect.  58B  added,  1945,  413  §  1  (further  regulating  the  hours  of  duty 
of  permanent  members  of  fire  departments  in  certain  cities  and  towns). 
(See  1945,  413  §  2;   1946,  114,  371,  436,  597;   1947,  64;  200.) 

Sect.  59A  amended,  1949,  77. 

Sect.  59E  added,  1939,  419  §  1  (providing  for  the  ultimate  abolition 
of  reserve  fire  forces  in  certain  cities  and  towns). 

Sect.  66  revised,  1950,  121. 

Sect.  70  repealed,  1950,  170. 

Sect.  79  revised,  1948,  133;  first  sentence  amended,  1951,  392. 

Chapter  49.  —  Fences,  Fence  Viewers,  Pounds  and  Field  Drivers. 

Sect.  6  revised,  1948,  550  §  3. 
Sect.  10  amended,  1951,  143  §  2. 
Sect.  29  amended,  1951,  143  §  1. 
Sect.  36  revised,  1948,  550  §  4. 

Chapter  50.  —  General  Provisions  relative  to  Primaries,  Caucuses  and 

Elections. 

Sect.  1.  "Ballot  labels"  defined,  1941,  511  §  1;  "City  election" 
defined,  1943,  453  §  6;  "Official  ballot"  defined,  1941,  511  §  2;  "Politi- 
cal committee"  defined,  1943,  318  §  5;  amended,  1954,  224;  definition 
of  "Political  party"  amended,  1951,  805  §  4;  "State  officer"  defined, 
1943,  453  §  7;  "Town  officer"  defined,  1943,  453  §  8.  (See  1951,  805 
§§  6,  7.) 

Sect.  2  amended,  1932,  141  §  1;  sentence  added  at  end,  1938,  341  §  4. 

Sect.  3A  added,  1947,  37  (relative  to  the  placing  on  nomination 
papers  of  acceptances  of  nominations) ;  revised,  1953,  26. 

Sect.  4,  paragraph  added  at  end,  1947,  30  §  2. 

Sect.  6A  added,  1948,  15  §  3  (providing  for  the  filling  of  vacancies 
in  certain  elective  offices  in  case  of  the  retirement  of  an  incumbent  by 
reason  of  superannuation  prior  to  the  next  regular  election). 

Sect.  8  amended,  1943,  453  §  9. 

Chapter  51.  —  Voters. 

For  legislation  providing  for  a  state  wide  verification  of  voting  lists, 
see  1938,  427;  repealed  and  superseded  by  1939,  450;  amended,  1943, 
.537;  1945,  127. 

Sect.  1,  first  paragraph  revised,  1943,  453  §  10;  section  amended, 
1954,  627  §  19;  paragraph  added  at  end,  1932,  206.  (See  1954,  627 
§§  65,  67.) 

Sect.  2  amended,  1933,  254  §  3;  revised,  1945,  310.  (See  1933,  254 
§66.) 

Sect.  3  amended,  1933,  254  §  4;  revised,  1943,  453  §  11.  (See  1933, 
254  §  66.) 

Heading  before  section  4  revised,  1943,  453  §  12. 


872  Changes  in  the  [Chap.  51. 

Sect.  4  amended,  1933,  254  §  5;  first  paragraph  revised,  1935,  345 
§  1;  amended,  1937,  1  §  1;  revised,  1938,  186  §  1;  section  revised,  1938, 
440  §  2;  section  amended,  1943,  453  §  13;  last  paragraph  revised,  1947, 
26.    (See  1933,  254  §§  65,  66;  1937,  226;  1938,  186  §  5,  440  §  23.) 

Sect.  5  revised,  1938,  440  §  3;   1939,  188  §  1.    (See  1938,  440  §  23.) 

Sect.  6  revised,  1938,  440  §  4;  1939,  188  §  2;  next  to  last  sentence 
revised,  1949,  196.    (See  1938,  440  §  23.) 

Sect.  7  amended,  1933,  254  §  6;  revised,  1935,  345  §  2;  amended, 
1938,  440  §  5;  revised,  1939,  188  §  3.  (See  1933,  254  §§  65,  66;  1938, 
440  §  23.) 

Sect.  8  amended,  1933,  254  §  7;  1937,  1  §  2;  revised,  1938,  186  §  2, 
440  §  6.    (See  1933,  254  §  66;   1938,  186  §  5,  440  §  23.) 

Sect.  9  amended,  1933,  254  §  8;  revised,  1938,  440  §  7.  (See  1933, 
254  §  66;  1938,  440  §  23.) 

Sect.  10  amended,  1938,  440  §  8;  repealed,  1943,  453  §  14.  (See 
1938,  440  §  23.) 

Sects.  lOA  and  lOB  added,  1939,  369  §  1  (providing  for  the  securing 
of  information  relative  to  persons  residing  at  inns,  lodging  houses  and 
public  lodging  houses);  sections  stricken  out  and  new  section  lOA  in- 
serted, 1943,  320  §  1. 

Sect.  11  revised,  1938,  440  §  9.    (See  1938,  440  §  23.) 

Sect.  12  revised,  1938,  440  §  10;  sentence  added  at  end,  1945,  715  §  1. 
(See  1938,  440  §  23.) 

Sect.  13  repealed,  1943,  453  §  15. 

Sect.  14A  revised,  1938,  440  §  11.    (See  1938,  440  §  23.) 

Sect.  14B  added,  1933,  254  §  9  (amending  special  acts  relative  to 
the  listing  of  voters  in  certain  municipalities  so  as  to  conform  to  the 
change  in  taxing  date  from  April  1  to  January  1);  revised,  1938,  440 
§  12;  amended,  1943,  453  §  16.  (See  1933,  254  §§  65,  66;  1938,  440 
§23.) 

Sect.  18  amended,  1950,  142. 

Sect.  20  revised,  1943,  453  §  17. 

Sect.  22  amended,  1938,  280;  revised,  1943,  453  §  18;  amended, 
1950,  172. 

Sect.  22A  added,  1945,  715  §  2  (providing  for  registration  as  voters 
of  persons  who  are  physicallv  unable  to  apply  in  person) ;  revised,  1946, 
196  §  1. 

Sect.  23  amended,  1943,  453  §  19;  revised,  1945,  715  §  3. 

Sect.  24  amended,  1950,  177. 

Sect.  26  amended,  1932,  48  §  1;  1935,  37  §  1;  1938,  473  §  2;  1943, 
453  §  20;  revised,  1947,  34  §  1;  sentence  inserted  before  last  sentence, 
1948,  42. 

Sect.  27  revised,  1932,  48  §  2;  amended,  1935,  37  §  2;  1938,  473  §  3; 
amended,  1943,  109  §  1;  revised,  1943,  453  §  21;  1947,  34  §  2. 

Sect.  28  revised,  1947,  34  §  3. 

Sect.  29  amended,  1947,  34  §  4. 

Sect.  29A  amended,  1943,  109  §  2;  revised,  1947,  34  §  5. 

Sect.  29B  added,  1938,  179  (providing  for  sessions  of  registrars  of 
voters  in  all  the  wards  of  every  city  prior  to  each  biennial  state  election) ; 
amended,  1943,  453  §  22;  1947,  34  §  6. 

Sect.  30,  first  sentence  amended,  1943,  453  §  23;  section  revised, 
1947,  34  §  7. 

Sect.  32  amended,  1933,  254  §  10.    (See  1933,  254  §  66.) 


Chap.  52.]  GENERAL   LaWS.  873 

Sect.  33,  paragraph  added  at  end,  1945,  246;  revised,  1946,  160. 

Sect.  34  amended,  1933,  254  §  11.    (See  1933,  254  §  66.) 

Sect.  35  revised,  1938,  440  §  13;  amended,  1939,  451  §  10;  sentence 
added  at  end,  1947,  244  §  1.    (See  1938,  440  §  23.) 

Sect.  36  amended,  1933,  254  §  12;  paragraph  added  at  end,  1943, 
453  §  24.    (See  1933,  254  §  66.) 

Sect.  37  amended,  1933,  254  §  13;  revised,  1938,  440  §  14;  fourth 
sentence  amended,  1939,  369  §  2;  1943,  320  §  2;  last  sentence  stricken 
out,  1941,  328  §  2;  section  revised,  1943,  453  §  25.  (See  1933,  254  §  66; 
1938,  440  §  23.) 

Sect.  38  revised,  1943,  453  §  26. 

Sect.  39  amended,  1938,  440  §  15.    (See  1938,  440  §  23.) 

Sect.  41  revised,  1943,  453  §  27. 

Sect.  41A  added,  1941,  328  §  1  (ensuring  that  certain  laws  relative 
to  registration  of  persons  residing  at  inns  and  lodging  houses  are  of 
general  application) ;  revised,  1943,  320  §  3. 

Sect.  42  revised,  1945,  715  §  4. 

Sect.  42A  added,  1945,  715  §  5  (relative  to  registration  as  voters 
of  persons  who  are  physically  unable  to  apply  in  person) ;  revised,  1946, 
196  §  2. 

Sect.  43  amended,  1933,  254  §  14;  revised,  1938,  440  §  16.  (See  1933, 
254  §  66;   1938,  440  §  23.) 

Sect.  44  amended,  1943,  453  §  28;  revised,  1945,  715  §  6. 

Sect.  45  revised,  1943,  108;   1945,  715  §  7. 

Sect.  46  revised,  1945,  715  §  8. 

Sect  47  revised   1945  715  S  9 

Sect!  50  amended,  1938,  440  §  17;   1945,  378.    (See  1938,  440  §  23.) 

Sect.  54,  paragraph  added  at  end,  1946,  537  §  1.    (See  1946,  537  §  12.) 

Sect.  55  amended,  1933,  254  §  15;  sentence  added  at  end,  1936,  2 
§  1;  same  sentence  revised,  1938,  473  §  4;  section  amended,  1943,  453 
§  29;  1950,  193;  third  and  fourth  sentences  revised,  1949,  212;  last 
sentence  revised,  1946,  140  §  15;  section  revised,  1950,  255.  (See  1933, 
254  §  66.) 

Sect.  57  amended,  1943,  453  §  30. 

Sect.  58  revised,  1945,  253. 

Sect.  61  amended,  1937,  21  §  1. 

Sect.  62  amended,  1943,  453  §  31. 

Sect.  63  revised,  1943,  453  §  32. 

Chapter  52.  —  Political  Committees. 

Chapter  stricken  out  and  new  chapter  inserted,  1938,  346  §  1.  (See  1938, 
346  §§  3,  4.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1952. 

The  following  references  are  to  chapter  52,  as  so  inserted: 

Sect.  1,  first  two  paragraphs  revised,  1948,  614  §  1;  section  revised, 
1950,  280  §  1.    (See  1948,  614  §§  8,  9.) 

Sect.  1A  added,  1948,  614  §  2  (relative  to  nominations  of  candidates 
for  members  of  state  political  committees);  repealed,  1950,  280  §  2. 
(See  1948,  614  §§  8,  9.) 

Sect.  2,  sentence  added  at  end,  1948,  23. 

Sect.  9  revised,  1941,  337  §  1 ;  first  sentence  revised,  1953,  406  §  1. 


874  Changes  in  the  [Chap.  63. 


Chapter   53.  —  Nominations,   Questions   to   be   submitted   to   the   Voters, 
Primaries  and  Caucuses. 

Sect.  1  amended,  1939,  371. 

Sect.  2  amended,  1932,  310  §  4;  last  sentence  revised,  1934,  32  §  1; 
section  revised,  1938,  473  §  5;  1941,  337  §  2;  amended,  1953,  406  §  2. 
(See  1937,  384,  435.) 

Sect.  3  revised,  1936,  116  §  1;  amended,  1937,  45  §  1;  revised,  1943, 
334  §  1;  sentence  added  at  end,  1945,  55. 

Sect.  5,  first  paragraph  amended,  1954,  31;  paragraph  added  at  end, 
1947,  141. 

Sect.  6  amended,  1936, 101;  revised,  1939, 191;  1941,  266;  amended, 
1943,  50;  revised,  1943,  334  §  2. 

Sect.  7  amended,  1933,  254  §  16;  sentence  inserted,  1936,  2  §  2; 
section  revised,  1936,  4  §  1;  amended,  1937,  25  §  1;  1938,  341  §  5;  first 
and  second  sentences  revised,  1943,  334  §  3;  last  three  sentences  re- 
vised, 1954,  183  §  2.    (See  1933,  254  §  66.) 

Sect.  7A  added,  1943,  229  §  2  (relative  to  the  certification  of  nomina- 
tion petitions  for  preliminary  elections  in  cities). 

Sect.  8,  first  paragraph  amended,  1932,  135  §  4;  section  amended, 
1933,  35  §  1;  first  sentence  amended,  1938,  473  §  6;  section  revised, 
1943,  334  §  4;  second  paragraph  amended,  1951,  805  §  5.  (See  1951, 
805  §§  6,  7.) 

Sect.  10,  first  paragraph  amended,  1934,  111;  revised,  1937,  45  §  2; 
amended,  1938,  373  §  4;  1946,  20  §  2;  second  paragraph  revised,  1933, 
313  §  2;  1941,  278;  amended,  1941,  472  §  4;  first  two  sentences  stricken 
out  and  one  sentence  inserted,  1954,  114;  1943,  229  §  3;  third  para- 
graph revised,  1937,  77  §  2;  amended,  1943,  334  §  5;  revised,  1947, 
74;  paragraph  inserted  after  third  paragraph,  1948,  63. 

Sect.  11,  sentence  added  at  end,  1933,  313  §  3;  revised,  1937,  77  §  3; 
section  revised,  1937,  212  §  1;  amended,  1943,  334  §  6. 

Sect.  12  revised,  1937,  212  §  2;  first  paragraph  amended,  1943,  334 
§  7;  paragraph  added  at  end,  1939,  166. 

Sect.  12A  added,  1933,  305  (to  prevent  certain  fraudulent  nomina- 
tions). 

Sect.  13,  sentence  added  at  end,  1933,  313  §  4;   section  amended, 

1937,  26,  77  §  4. 

Sect.  14,  sentence  inserted  after  third  sentence,  1943,  334  §  8. 
Sect.  15  amended,  1943,  334  §  9. 
Sect.  17  amended,  1943,  334  §  10. 

Sect.  17A  added,  under  the  heading  "endorsement  for  nomina- 
tion OF  MEMBERS  OF  STATE  POLITICAL  COMMITTEES  BY  CONVENTIONS*', 

1938,  397;  second  paragraph  amended,  1945,  237  §  1;  fifth  paragraph 
amended,  1945,  20. 

Sect.  18  revised,  1934,  282. 

Sect.  20  revised,  1943,  334  §  11. 

Sect.  21  amended,  1945,  237  §  2. 

Sect.  22A  amended,  1932,  80;   1938,  192;  1943,  51;  1948,  596. 

Sect.  22B  added,  1938,  191  (requiring  persons  circulating  initiative 
and  referendum  petitions  to  attest  the  validity  of  signatures  thereto 
under  the  penalties  of  perjury). 

Sect.  24.    See  1937,  275. 

Sect.  26  amended,  1943,  334  §  12;  paragraph  added  at  end,  1945,  51. 


Chap.  53.]  GENERAL  LaWS.  875 

SECT.f28  amended,  1932,  310  §  5;  revised,  1933,  313  §  5;  amended, 
1934,  32|§  2;  revised,  1938,  473  §  7;  first  paragraph  amended,  1946, 
20  §  3.    (See  1937,  384,  435.) 

Sect.  32  amended,  1932,  310  §  6;  1938,  473  §  8.  (See  1937,  384, 
435.) 

Sect.  33,  sentence  added  at  end,  1941,  511  §  3. 

Sect.  34  revised,  1932,  310  §  7;  first  paragraph  revised,  1938,  436  §  1; 
fourth  paragraph  revised,  1937,  22;  section  revised,  1938,  473  §  9;  sec- 
ond and  third  paragraphs  revised,  1941,  337  §  3;  fifth  paragraph  revised, 
1941,  352;  amended,  1943,  334  §  13;  section  revised,  1953,  406  §  3; 
second  paragraph  revised,  1954,  225.    (See  1937,  384,  435.) 

Sect.  35  amended,  1932,  310  §  8;  1938,  473  §  10;  amended,  1941, 
337  §  4.    (See  1937,  384,  435.) 

Sect.  35A  added,  1943,  301  (relative  to  pasters  or  stickers  for  use  at 
primaries). 

Sect.  36  amended,  1941,  511  §  4, 

Sect.  37  revised,  1943,  334  §  14;  sentence  added  at  end,  1949, 
194, 

Sect.  38  amended,  1938,  299;  1943,  334  §  15;  1945,  237  §  3. 

Sect.  40  revised,  1932,  30. 

Sect.  40A  added,  1943,  334  §  16  (requiring  petitions  for  recounts  at 
primaries  of  a  political  party  to  be  signed  by  enrolled  voters  thereof). 

Sect.  41  revised,  1932,  310  §  9;  section  and  title  preceding  it  stricken 
out  and  new  section  inserted  under  the  heading  "provisions  applying 
TO  state  primaries",  1938,  473  §  11;  section  revised,  1941,  337  §  5. 
(See  1937,  384,  435.) 

Sect.  42  amended,  1932,  310  §  10;  1937,  24  §  2;  revised,  1938,  373 
§  1;   1953,  406  §  4.    (See  1937,  384,  435.) 

Sect.  43  amended,  1932,  310  §  11;   1937,  201;   1949,  109  §  1.     (See 

1937,  384,  435.) 

Sect.  44  revised,  1932,  310  §  12;  amended,  1935,  38;  revised,  1938, 
373  §  2,  473  §  12;  amended,  1941,  337  §  6;  revised,  1952,  221:  1953, 
406  §  5;  last  sentence  stricken  out  and  two  sentences  inserted,  1954, 
183  §  1.  (See  1937,  384,  435.) 

Sect.  45  amended,  1932,  310  §  13;  first  paragraph  amended,  1936,  22; 

1938,  84;  section  revised,  1938,  473  §  13;  amended,  1941,  337  §  7; 
first  paragraph  amended,  1947,  338  §  1 ;  paragraph  added  at  end,  1946, 
537  §  2.     (See  1937,  384,  435;   1946,  537  §  12.) 

Sect.  46  amended,  1936,  4  §  2;  revised,  1937,  25  §  2;  amended,  1941, 
337  §  8. 

Sect.  47  amended,  1932,  310  §  14;  1938,  473  §  14.  (See  1937,  384. 
435.) 

Sect.  48  amended,  1932,  310  §  15;  first  paragraph  revised,  1938, 
373  §  3;  paragraph  added  at  end,  1938,  272;  same  paragraph  amended, 
1941,  563;  paragraph  added  at  end,  1941,  675;  section  amended,  1943, 
53;  first  paragraph  amended,  1946,  20  §  4;  section  revised,  1951,  332; 
first  paragraph  revised,  1953,  406  §  6.    (See  1937,  384,  435.) 

Sect.  49  revised,  1932,  310  §  16;  1938,  473  §  15.     (See  1937,  384,  435.) 

Sect.  51  amended,  1932,  310  §  17;  1938,  473  §  16.  (See  1937,  384. 
435.) 

Sect.  52  amended,  1932,  310  §  18;  revised,  1938,  473  §  17;  amended, 
1941,  337  §  9;  revised,  1948,  614  §  3;  1950,  280  §  3.  (See  1937,  384. 
435;  1948,  614  §§  8,  9.) 


876  Changes  in  the  [Chap.  54. 

Sect.  53  revised,  1932,  310  §  19;  1938,  473  §  18;  amended,  1941, 
337  §  10;  1948,  614  §  4;  1950,  280  §  4.  (See  1937,  384,  435;  1948, 
614  §§  8,  9.) 

Sect.  53 A  amended,  1932,  310  §  20;  revised,  1938,  473  §  19.  (See 

1937,  384,  435.) 

Sect.  54  revised,  1932,  310  §  21;  two  sentences  added,  1935,  482  §  1; 
section  amended,  1936,  11  §  1;  1937,  24  §  3;  section  (and  heading) 
revised,  1938,  346  §  2;  section  amended,  1941,  337  §  11;  section  (and 
heading)  revised,  1953,  406  §  7.    (See  1936,  11  §§  2,  3;   1937,  384,  435; 

1938,  346  §§  3,  4.) 

Sects.  54A  and  54B  added,  1932,  310  §  22  (relative  to  proceedings 
at  pre-primary  conventions,  to  the  form  of  certificates  of  nomination 
of  candidates  thereat,  and  to  the  acceptance  of  such  nominations); 
repealed,  1938,  473  §  20.     (See  1937,  384,  435.) 

Sects.  54C  and  54D  added,  1953,  406  §  8  (relative  to  the  certifica- 
tion and  seating  of  candidates  and  delegates  at  state  conventions). 

Sect.  55,  paragraph  added  at  end,  1936,  116  §  2. 

Sect.  56  amended,  1943,  334  §  17. 

Sect.  57  amended,  1937,  410;  1945,  237  §  4. 

Sect.  61  amended,  1936,  140;  1937,  411;  1941,  272. 

Sects.  65-70  (and  caption)  repealed,  1932,  310  §  23.  (See  1937,  384, 
435;  1938,473  §21.) 

Sects.  70A-70H  added,  under  heading  "provisions  applying  to 

PRESIDENTIAL  PRIMARIES,"  1938,  473  §  21. 

Sect.  70B  amended,  1941,  337  §  12. 

Sect.  70D,  fourth  sentence  stricken  out  and  two  sentences  inserted, 

1947,  338  §  2;  section  revised,  1948,  614  §  5;  1950,  280  §  5.     (See  1948, 
614  §§  8,  9.) 

Sect.  70E,  sentence  inserted  before  last  sentence,  1947,  31;  four 
paragraphs  added  at  end,  1951,  764. 

Sect.  70F  amended,  1939,  452  §  11;  revised,  1948,  614  §  6;  1950, 
280  §  6.     (See  1948,  614  §§  8,  9.) 

Sect.  70G,  second  paragraph,  as  appearing  in  1938,  473  §  21,  amended, 

1948,  614  §  7;   1950,  280  §  7;  two  paragraphs  inserted  after  first  para- 
graph, 1953,  406  §  9.    (See  1948,  614  §§  8,  9.) 

Sect.  71.    See  1937,  275. 

Sect.  72A  added,  1933,  313  §  6  (relative  to  caucuses  before  regular 
city  elections  in  cities  having  absent  voting);  revised,  1937,  77  §  5; 
1945,  1. 

Sect.  76,  paragraph  added  at  end,  1946,  537  §  3.     (See  1946,  537  §  12.) 

Sect.  87,  paragraph  added  at  end,  1946,  537  §  4.     (See  1946,  537  §  12.) 

Sect.  112  amended,  1935,  59  §  2. 

Sect.  117  amended,  1932,  141  §  2. 

Sect.  121  added,  1932,  141  §  3  (authorizing  the  nomination  by 
caucuses  other  than  those  of  political  or  municipal  parties  of  two  candi- 
dates for  each  town  oflBce) ;  revised,  1936,  204. 


Chapter  54.  —  Elections. 

For  legislation  relative  to  absent  voting  bj""  members  of  the  armed 
forces  during  time  of  war,  see  1948,  531. 
Sect.  2  amended,  1943,  411  §  1. 
Sect.  4  revised,  1935,  482  §  2;  amended,  1936, 185;  revised,  1937,  412. 


Chap.  54.]  GENERAL   LaWS.  877 

Sect.  5  revised,  1943,  209  §  1. 

Sect.  6  revised,  1943,  411  §  2. 

Sect.  7  revised,  1943,  411  §  3;  amended,  1947,  267  §  L 

Sect.  7A  added,  1947,  267  §  3  (authorizing  the  division  of  precincts 
in  certain  towns  for  the  sole  purpose  of  facilitating  voting  therein). 

Sect.  9A  added,  1937,  267  §  1  (relative  to  the  use  of  precincts  in 
certain  towns  in  the  formation  of  representative  districts);  revised, 
1947,  267  §  2. 

Sect.  11  amended,  1932,  76  §  1;  1934,  158  §  1;  1937,  27;  1938,  341 
§  6;  revised,  1941,  432  §  1. 

Sect.  11 A  added,  1932,  76  §  2  (dispensing  with  the  appointment  of 
deputy  election  officers  in  certain  cities). 

Sect.  IIB  added,  1941,  432  §  2  (relative  to  the  appointment  of 
election  officers  in  certain  cities) ;  revised,  1943,  230. 

Sect.  12  amended,  1934,  158  §  2;  revised,  1945,  363. 

Sect.  13  amended,  1934,  158  §  3;   1943,  411  §  4. 

Sect.  14  amended,  1943,  411  §  5. 

Sect.  16A  added,  1943,  411  §  6  (relative  to  the  temporary  filling  of 
vacancies  in  the  ofiices  of  election  officers). 

Sect.  19  amended,  1934,  158  §  4. 

Sect.  21  amended,  1934,  158  §  5. 

Sect.  22  amended,  1943,  411  §  7. 

Sect.  23  amended,  1943,  411  §  8;  paragraph  added  at  end,  1946, 
537  §  5.    (See  1946,  537  §  12.) 

Sect.  24,  last  sentence  stricken  out  and  two  new  sentences  inserted, 
1943,  209  §  2. 

Sect.  25  revised,  1943,  411  §  9. 

Sect.  26  amended,  1938,  281  §  1 ;   1943,  240. 

Sect.  27,  paragraph  added  at  end,  1946,  537  §  6.    (See  1946,  537  §  12.) 

Sect.  30  amended,  1943,  310  §  1. 

Sect.  30A  added,  1943,  310  §  2  (relative  to  election  officers  in  places 
where  voting  machines  are  used);  revised,  1947,  255  §  1. 

Sect.  31,  paragraph  added  at  end,  1943,  310  §  3. 

Sect.  33,  last  sentence  stricken  out,  and  paragraph  inserted  at  end, 
1935,  238  §  1;  last  sentence  of  same  paragraph  revised,  1951,  709  §  1; 
paragraph  added  at  end,  1951,  709  §  2. 

Sects.  33A-33D  added,  1943,  310  §  4  (relative  to  the  use  of  voting 
machines  at  primaries  and  elections). 

Sect.  34  revised,  1936,  205  §  1;  second  paragraph  stricken  out, 
1938,  281  §  2;  section  amended,  1945,  84. 

Sect.  35  revised,  1943,  310  §  5. 

Sects.  35A  and  35B  added,  1938,  281  §  3  (relative  to  voting  by  chal- 
lenged voters  at  polling  places  where  voting  machines  are  used  and 
to  the  counting  of  votes  where  such  machines  are  used). 

Sect.  35 A,  sentence  added  at  end,  1941,  511  §  5;  section  amended, 
1945,  62. 

Sect.  35B,  second  sentence  of  second  paragraph  revised,  1941,  511 
§  6;  second  paragraph  revised,  1943,  310  §  6;  third  paragraph  amended, 
1941,  511  §  7. 

Sect.  38  revised,  1936,  205  §  2. 

Sect.  41,  third  paragraph  amended,  1933,  35  §  2;  1938,  190;  second 
sentence  of  same  paragraph  revised,  1938,  436  §  2;  same  paragraph 
amended,  1946,  78;   last  paragraph  stricken  out  and  three  paragraphs 


878  Changes  in  the  [Chap.  54. 

inserted,  1943,  411  §  11;  sentence  added  at  end,  1952,  128;  same  sen- 
tence revised,  1953,  1 ;   1954,  127. 

Sect.  42  amended,  1932,  135  §  5;  first  paragraph  amended,  1935, 
238  §  2;  same  paragraph  revised  and  paragraph  inserted,  1941,  292; 
first  two  paragraphs  revised,  1948,  272;  second  paragraph  amended, 
1953,  212,  432;  last  paragraph  amended,  1943,  411  §  12. 

Sect.  42A  added,  1947,  138  §  1  (relative  to  questions  appearing  upon 
ballots  at  state  and  municipal  elections). 

Sect.  43  revised,  1932,  135  §  1. 

Sect.  44  amended,  1943,  411  §  13. 

Sect.  45,  first  sentence  revised,  1943,  281  §  1;  paragraph  added  at 
end,  1943,  281  §  2. 

Sect.  48  amended,  1943,  290. 

Sect.  49  amended,  1943,  411  §  14. 

Sect.  53  amended,  1945,  64. 

Sect.  60,  last  sentence  amended,  1938,  281  §  6. 

Sect.  62  amended,  1935,  257  §  5.    (See  1935,  257  §  12.) 

Sect.  64,  third  paragraph  revised,  1949,  109  §  2;  last  paragraph 
amended,  1934,  39  §  5. 

Sect.  65  revised,  1933,  289  §  1;  amended,  1943,  411  §  15;  second 
sentence  stricken  out  and  two  sentences  inserted,  1952,  129;  paragraph 
inserted  after  first  paragraph,  1951,  257;  paragraph  added  at  end,  1946, 
537  §  7.    (See  1946,  537  §  12.) 

Sect.  68,  paragraph  added  at  end,  1946,  537  §  8.    (See  1946,  537  §  12.) 

Sect.  69  amended,  1947,  255  §  2. 

Sect.  70  revised,  1943,  411  §  16;  amended,  1947,  255  §  3. 

Sect.  71.    See  1937,  275. 

Sect.  71A  added,  1943,  411  §  17  (requiring  that  election  officers  in 
cities  and  in  certain  towns  be  supervised  by  the  city  or  town  clerk). 

Sect.  73,  paragraph  added  at  end,  1946,  537  §  9.    (See  1946,  537  §  12.) 

Sect.  75  amended,  1943,  411  §  18. 

Sect.  76  revised,  1943,  411  §  19. 

Sect.  76 A  added,  1943,  411  §  20  (requiring  a  person  applying  to  vote 
to  write  his  name  upon  request  of  any  election  officer). 

Sect.  78  revised,  1932,  135  §  2. 

Sect.  79  amended,  1943,  411  §  21. 

Sect.  85A  added,  1937,  275  §  1  (relative  to  the  challenging  of  voters 
at  polling  places  at  certain  elections,  primaries  and  caucuses).  (See 
1937,  275  §  2.) 

Sect.  86  revised,  1945,  466  §  1;  amended,  1950,  21;  1951,  153  §  1; 
revised,  1954,  101. 

Sect.  87,  subsection  (o)  revised,  1945,  52;  subsection  (6)  revised, 
1936,  404  §  1;  amended,  1945,  466  §  2;  1951,  153  §  2;  1948,  477  §  1; 
subsection  (c)  revised,  1936,  404  §  2;  amended,  1937,  162  §  2;  1941, 
279  §  2;  1944,  1  §  9;  1945,  231  §§  1,  2;  466  §  3;  subsection  (d)  revised, 
1941,  333;  subsection  (e)  revised,  1946,  140  §  13. 

Sect.  89  revised,  1936,  404  §  3. 

Sect.  90  repealed,  1946,  140  §  14. 

Sect.  92  revised,  1936,  404  §  4;  amended,  1937,  162  §  1;  1941, 
279  §  1;  revised,  1945,  466  §  4. 

Sect.  93  revised,  1936,  404  §  5;  amended,  1941,  722  §  8. 

Sect.  94  amended,  1952,  39  §  1;  revised,  1954,  102. 

Sect.  95  revised,  1936,  404  §  6;  amended,  1945,  466  §  5;  1952,  39  §  2. 


Chap.  54A.]  GENERAL   LaWS.  879 

Sect.  96  amended,  1936,  404  §  7. 

Sect.  98  amended,  1945,  466  §  6. 

Sect.  100  revised,  1936,  404  §  8. 

Sect.  103A  added,  1933,  313  §  1  (providing  for  absent  voting  at 
regular  city  elections);  affected,  1936,  404  §  9;  revised,  1937,  77  §  1; 
first  paragraph  amended,  1939,  152;  revised,  1948,  477  §  2;  paragraph 
added  at  end,  1946,  118. 

Sect.  104  amended,  1934,  39  §  6. 

Sect.  105,  first  paragraph  amended,  1952,  39  §  3;  second  paragraph 
revised,  1947,  95;  fourth  paragraph  amended,  1938,  341  §  7. 

Sect.  107  revised,  1943,  411  §  22;  amended,  1946,  93. 

Sect.  109  amended,  1943,  411  §  23. 

Sect.  112  amended,  1935,  257  §  6;  1939,  31  §  3;  first  sentence  re- 
vised, 1946,  130  §  2.    (See  1935,  257  §  12.) 

Sect.  115,  second  sentence  revised,  1952,  207. 

Sect.  116,  first  sentence  revised,  1946,  130  §  3. 

Sect.  122  amended,  1935,  257  §  7.    (See  1935,  257  §  12.) 

Sects.  124-128  repealed,  1946,  130  §  4. 

Sect.  132  amended,  1932,  33. 

Sect.  133  amended,  1937,  21  §  2. 

Sect.  134  amended,  1943,  411  §  24. 

Sect.  135,  first  paragraph  amended,  1933,  254  §  17;  section  revised, 
1933,  270;  first  paragraph  revised,  1935,  59  §  1;  1938,  250  §  1;  1941, 
236;  third  paragraph  revised,  1937,  303;  same  paragraph  amended, 
1941,  350;  last  paragraph  revised,  1938,  250  §  2;  paragraph  inserted 
after  first  paragraph,  1938,  281  §  4;  section  revised,  1943,  417;  para- 
graph inserted  after  first  paragraph,  1945,  149;  first  paragraph  stricken 
out  and  three  paragraphs  inserted,  1945,  315;  third  paragraph  revised, 
1947,  353  §  1;  seventh  paragraph  revised,  1947,  353  §  2.  (See  1933, 
254  §  66.) 

Sect.  135A  added,  1938,  281  §  5  (relative  to  the  recounting  of  votes 
where  voting  machines  are  used);  amended,  1943,  411  §  25;  sentence 
inserted  after  first  sentence,  1949,  188;  1945,  142. 

Sect.  137  amended,  1935,  55. 

Sect.  138,  last  paragraph  amended,  1937,  23  §  1. 

Sect.  139  amended,  1943,  49. 

Sect.  141  amended,  1939,  508  §  16:  first  paragraph  stricken  out, 
1946,  130  §  5;  second  paragraph  amended,  1945,  38  §  7;  1946,  20  §  1. 

Sect.  144  revised,  1935,  257  §  8;  first  paragraph  amended,  1939,  31 
§  4.    (See  1935,  257  §  12.) 

Sect.  146  amended,  1935,  257  §  9.    (See  1935,  257  §  12.) 

Sect.  148  amended,  1937,  23  §  2. 

Sect.  151  amended,  1932,  135  §  3. 

Sect.  158  amended,  1935,  257  §  10;  first  paragraph  revised,  1939, 
31  §  5.    (See  1935,  257  §  12.) 

Sect.  161  (except  last  paragraph)  amended,  1934,  265;  paragraph 
added  at  end,  1946,  594.    (See  1939,  467.) 

Chapter  54A.  —  Election  of  City  and  Tov^n  Officers  by  Proportional  Repre- 
sentation and  Preferential  Voting. 

New  chapter  inserted,  1937,  345. 

Chapter  inserted  by  1937,  345  stricken  out  and  new  chapter  inserted, 
1938,  341  §  1. 


880  Changes  in  the  [Chaps.  55-58. 

The  following  references  are  to  chapter  54A  as  so  inserted: 

Sect.  1  amended,  1941,  345. 

Sect.  2,  paragraph  added  at  end,  1938,  378  §  17;    section  revised, 
1941,  640  §  6.     (See  1941,  640  §  7.) 
Sect,  9,  paragraph  (t)  added,  1950,  28. 

Chapter  55.  — •  Corrupt  Practices  and  Election  Inquests. 

Chapter  stricken  out  and  new  chapter  55  inserted,  1946,  537  §  10.  (See 
1946,  537  §  12.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  55  as  so  inserted: 

Sect.  4,  first  sentence  stricken  out  and  three  sentences  inserted,  1954, 
287. 

Sect.  11,  first  paragraph  revised,  1954,  644. 

Sect.  13,  paragraph  inserted  after  first  paragraph,  1954,  530. 

Sect.  16  amended,  1954,  272. 

Sect.  20,  first  sentence  revised,  1954,  223. 

Chapter  56.  —  Violations  of  Election  Laws. 

Chapter  stricken  out  and  new  chapter  56  inserted,  1946,  537  §  11.  (See 
1946,  537  §  12.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  56  as  so  inserted: 

Sect.  41,  first  paragraph  revised,  1950,  88. 

Sect.  41A  added,  1950,  91  (relative  to  the  unauthorized  use  of  per- 
sons' names  in  poUtical  advertising). 

Sect.  43A  added,  1951,  104  (regulating  use  of  the  word  "Veteran" 
by  candidates  for  pubHc  office). 

Sect.  44A  added,  1949,  238  (prohibiting  the  distribution  of  certain 
Usts  of  candidates  for  state  oflace  unless  the  name  of  the  person  re- 
sponsible therefor  appears  thereon). 

Chapter    57.  —  Congressional,    Councillor    and    Senatorial    Districts,    and 
Apportionment  of  Representatives. 

Sect   1  revised   1941    556 

Sect*.  2  revised,'  1939,' 507  §  1;  1948,  250  §  1.    (See  1948,  250  §§  3,  4.) 
Sect.  3  revised,  1939,  507  §  2;  1948,  250  §  2.    (See  1948,  250  §§  3,  4.) 
Sect.  4  revised,  1939,  467  §  1;   1947,  182  §  1.    (See  1939,  467  §§  2, 
3,  4;   1947,  182  §§  2,  3,  4.) 
Sect.  5.    See  1939,  467. 

Chapter  58.  —  General  Provisions  relative  to  Taxation. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1943,  568;  1945, 325, 712;  1946,  615. 

Sect.  1,  first  sentence  revised,  1943,  428  §  2;  fifth  sentence  amended, 
1932,  180  §  9;  same  sentence  revised,  1937,  108  §  2. 

Sect.  2  amended,  1933,  254  §  18;  paragraph  added  at  end,  1941,  726 
§  2;  same  paragraph  revised,  1953,  654  §  5.    (See  1933,  254  §  66.) 

Sect.  3  amended,  1933,  254  §  19.     (See  1933,  254  §  66.) 

Sect.  8jrevised,  1935,  322  §  1;   1945,  351  §  2;  amended,  1953,  654  §  6. 


Chap.  58.]  GENERAL  LaWS.  881 

Sect.  8A  added,  1951,  500  (relative  to  reimbursement  of  mumcipali- 
ties  for  loss  of  taxes  through  abatements  to  paraplegic  veterans). 

Sect.  9  revised,  1939,  346;   1941,  112;  amended,  1953,  654  §  7. 

Sect.  10  amended,  1934,  323  §  9;  1951,  641  §  3;  revised,  1953,  654 
§  8.    (See  1934,  323  §  11;   1951,  641  §§  18,  19.) 

Sect.  11  amended,  1939,  451  §  14;  repealed,  1941,  609  §  1. 

Sect.  12  amended,  1941,  490  §  13;  repealed,  1941,  609  §  1. 

Sect.  13  amended,  1933,  254  §  20;  1945,  564;  1953,  6.54  §  9.  (See 
1933,  254  §  66.) 

Sect.  14  amended,  1939,  451  §  15;   1953,  654  §  10. 

Sect.  15  amended,  1933,  254  §  21;  revised,  1941,  490  §  14;  amended, 
1953,  654  §  11.    (See  1933,  254  §  66.) 

Sect.  17A  amended,  1939,  451  §  26;   1953,  654  §  12. 

Sect.  17B  added,  1945,  592  §  1  (relative  to  payments  by  the  com- 
monwealth to  certain  towns  in  reimbursement  for  loss  of  taxes  by  reason 
of  property  taken  for  flood  control);  amended,  1953,  654  §  13.  (See 
1945,  592  §  2.) 

Sect.  18  revised,  1933,  350  §  7;  amended,  1936,  405  §  1;  1939,  451 
§  16;  1945,  624  §  1;  revised,  1945,  735  §  4;  amended,  1953,  654  §  14; 
amended,  1951,  641  §  4;  amended,  1947,  679  §  3;  affected,  1933,  357 
§  4;  1935,  438  §  2.  (See  1933,  307  §  11,  350  §  9;  1936,  362  §  4;  1951, 
641  §§  18,  19.) 

Sect.  20  revised,  1936,  362  §  3;  amended,  1937,  108  §  1;  1953,  654 
§  15;  introductory  paragraph  amended,  1941,  656  §  1;  1945,  624  §  2. 
(See  1936,  362  §§  4,  8;   1937,  108  §  3.) 

Sect.  20A  added,  1936,  376  §  3  (relative  to  the  set-off  of  money  due 
to  the  commonwealth  from  a  city  or  town  against  sums  due  to  the  city 
or  town  from  the  commonwealth). 

Sect.  21  amended,  1933,  254  §  22;  repealed,  1934,  323  §  1.  (See 
1933,  254  §  66;   1934,  323  §  11.) 

Sects.  22  and  23  repealed,  1934,  323  §  1.    (See  1934,  323  §  11.) 

Sect.  24  amended,  1933,  254  §  23;  repealed,  1951,  641  §  2.  (See  1933, 
254  §  66;   1951,  641  §§  18,  19.) 

Sect.  24A  revised,  1934,  323  §  2;  first  sentence  amended,  1945,  624 
§  3;  section  repealed,  1951,  641  §  2.  (See  1934,  323  §  11;  1951,  641 
§§  18,  19.) 

Sect.  25  revised,  1934,  323  §  3;  amended,  1939,  451  §  17;  first  sen- 
tence revised,  1941,  729  §  11;  section  revised,  1945,  624  §  4;  687; 
amended,  1951,  641  §  5;  1953,  654  §  16.  (See  1934,  323  §  11;  1941, 
729  §  15;   1951,  641  §§  18,  19.) 

Sect.  25A  revised,  1934,  323  §  4;  first  sentence  revised,  1945,  624 
§  5;  amended,  1951,  641  §  6;  1953,  654  §  17.  (See  1934,  323  §  11; 
1951,  641  §§  18,  19.) 

Sect.  26  amended,  1933,  254  §  24;  repealed,  1934,  323  §  1.  (See 
1933,  254  §  66;   1934,  323  §  11.) 

Sect.  26A  added,  1945,  523  §  1  (relative  to  abatement  of  uncollectible 
taxes);  amended,  1953,  654  §  18. 

Sect.  27,  first  sentence  revised,  1943,  521  §  1;  section  amended, 
1951,  641  §  7;   1953,  654  §  19.    (See  1951,  641  §§  18,  19.) 

Sects.  28A  and  28B  added,  1947,  483  §  1  (provisions  for  aiding  in  the 
collection  of  federal  and  state  personal  income  taxes). 

Sect.  29,  first  sentence  revised,  1953,  654  §  20;  paragraph  (4)  stricken 
out,  1945,161  §  1. 


882  Changes  in  the  [Chaps.  58A,  59. 

Sect.  30  revised,  1945,  624  §  6;  amended,  1951,  641  §  8.  (See  1951, 
641  §§  18,  19.) 

Sect,  31  added,  under  heading  "forms",  1937,  135  §  1  (relative  to 
forms  of  application  for  abatement  of  taxes  and  certain  other  forms 
and  the  approval  thereof  by  the  commissioner  of  corporations  and 
taxation) ;  amended,  1953,  654  §  21. 

Sect.  32  added,  1953,  654  §  22  (relative  to  the  summons,  attendance 
and  testimony  of  witnesses  before  the  commissioner). 

Chapter  58A.  —  Appellate  Tax  Board  (former  title,  Board  of  Tax  Appeals). 

Sect.  1  revised,  1937,  400  §  3;  first  paragraph  amended,  1948,  583; 
same  paragraph  revised,  1950,  784;  amended,  1953,  654  §  23.  (See 
1937,  400  §§  1,  2,  4,  5,  7.) 

Sect.  5  revised,  1941,  381,  596  §  24. 

Sect.  6  amended,  1932,  180  §  10;  revised,  1933,  167  §  4;  amended, 
1934,  323  §  10;  revised,  1938,  478  §  4;  first  sentence  revised,  1941,  609 
§  2;  same  sentence  amended,  1941,  726  §  1;  same  sentence  revised, 
1945,  367  §  3;  section  revised,  1945,  621  §  1;  first  sentence  revised, 
1947,  632  §  2;  amended,  1951,  641  §  9;  section  amended,  1953,  654 
§  24.  (See  1933,  167  §  5;  1934,  323  §  11;  1937,  400  §  1;  1947,  632  §  3; 
1951,  641  §§  18,  19.) 

Sect.  7  revised,  1933,  321  §  2;  amended,  1939,  451  §  18;  1945,  621 
§  2;  1952,  502;   1953,  654  §  25.    (See  1933,  321  §  9.) 

Sect.  7A  added,  1933,  321  §  3  (providing  for  the  establishment  of 
informal  procedure  before  the  appellate  tax  board);  revised,  1935, 
447;  third  sentence  revised,  1938,  384;  1943,  282;  section  revised, 
1945,  621  §  3.     (See  1933,  321  §§  8,  9.) 

Sect.  8  revised,  1933,  321  §  4.     (See  1933,  321  §  9.) 

Sect.  8A  added,  1935,  276  §  1  (providing  for  adequate  discovery  in 
tax  appeal  cases). 

Sect.  9  amended,  1953,  654  §  26. 

Sect.  10  revised,  1933,  321  §  5.     (See  1933,  321  §  9.) 

Sect.  12  amended,  1933,  321  §  6.     (See  1933,  321  §  9.) 

Sect.  12A  added,  1943,  430  (relative  to  taxation  of  costs  by  the  ap- 
pellate tax  board  in  certain  appeals  as  to  the  assessed  value  where  it 
exceeds  the  value  as  recently  determined  by  said  board). 

Sect.  12B  added,  1950,  262  (relative  to  the  admissibility  of  evidence 
of  assessed  valuations  at  hearings  before  the  appellate  tax  boai'd). 

Sect.  13  revised,  1933,  321  §  7;  amended,  1933,  350  §  8;  1935, 
218  §  1;  1939,  366  §  1;  1953,  654  §  27;  1954,  681  §  5.  (See  1933,  321 
§9;  350  §9;  1954,681  §§20,22.) 

Chapter  59.  —  Assessment  of  Local  Taxes. 

For  temporary  legislation  exempting  persons  in  the  miUtary  and  naval 
service  of  the  United  States  from  the  payment  of  poll  taxes,  see  1943, 
406;   1947,637. 

For  temporary  legislation  exempting  from  taxation  certain  real 
property  of  residents  of  the  commonwealth  serving  in  the  armed  forces 
of  the  United  States,  and  their  spouses,  see  1943,  412;   1945,  627  §  2. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
oharges  due  the  commonwealth,  see  1943,  568;  1945,  325,  712;  1946, 
615. 


Chap.  59.]  GENERAL  LaWS.  883 

Temporary  act  relative  to  the  taking  of  appeals  involving  real  estate 
in  which  closed  banks  have  an  interest,  1941,  145  §  2. 
As  to  Boston  taxes,  see  1932,  125;   1933,  159;   1934,  201;   1935,  284; 

1936,  224. 

Sect.  1  amended,  1936,  202  §  1 ;  revised,  1938,  186  §  3.  (See  1936, 
202  §  2;   1938,  186  §  5.) 

Sect.  2  revised,  1954,  459  §  1. 

Sect.  3A  revised,  1951,  667  §  1. 

Sect,  3B  added,  1946,  393  (to  abolish  certain  imphed  exemptions 
from  local  taxation). 

Sect.  3C  added,  1952,  614  §  1  (relative  to  local  taxation  of  certain 
pipe  lines).    (See  1952,  614  §  3.) 

Sect.  5,  clause  First  revised,  1936,  81;  1938,  47;  clause  Second 
revised,  1951,  667  §  2;  clause  Third,  subsection  (c)  amended,  1933, 
198  §  1  (see  1933,  198  §  2);  clause  Eighth  amended,  1947,  83  §  1; 
clause  Eleventh  revised,  1938,  317;  amended,  1953,  231;  1954,  341; 
clause  Sixteenth  revised,  1936,  362  §  1  (see  1936,  362  §§  4,  8);  1941, 
467;  amended,  1949,  732;  1952,  232  §  1  (see  1952,  232  §  2);  1953, 
654  §  28;  1954,  435  §  1  (see  1954,  435  §  2);  clause  Seventeenth  revised, 
1935,  294;  amended,  1939,  451  §  19,  revised,  1941,  227  §  1;  1954,  351; 
clause  Seventeenth  A  added,  1938,  186  §  4  (see  1938,  186  §  5) ;  sen- 
tence added  at  end,  1943,  559;  amended,  1949,  236;  revised,  1953, 
358;  clause  Seventeenth  B  added,  1950,  796;  amended,  1951,  730; 
clause  Eighteenth  revised,  1941,  227  §  2;    clause  Twentieth  revised, 

1937,  132;  1941,  482;  1947,  310;  1951,  640  §  1  (see  1951,  640  §  2); 
amended,  1953,  347;  clause  Twenty-second  amended,  1939,  451  §  20; 
paragraph  (a)  amended,  1945,  627  §  1;  clause  revised,  1946,  579;  1947, 
612  §  1  (see  1947,  612  §  2);  paragraph  (a),  sentence  added  at  end, 
1949,  206;  paragraph  (d)  revised,  1948,  560;  paragraph  (e)  and  one 
other  paragraph  inserted,  1948,  644  §  1  (see  1948,  644  §  3) ;  paragraph 
added  at  end,  1948,  644  §  2  (see  1948,  644  §  3) ;  clause  revised,  1949, 
534  §  1;  1951,  675;  paragraph  (g)  revised,  1954,  245;  clause  revised, 
1954,  683  §  1  (see  1954,  683  §§  2A,  3);  clause  Twenty-second  A  added, 
1954,  683  §  2  (see  1954,  683  §  3);  clause  Twenty-third  amended,  1932, 
114  §  4;  revised,  1947,  647;  1949,  534  §  2;  clause  Twenty-fifth  amended, 
1951,  272;  clause  Thirty-second  amended,  1951,  641  §  10  (see  1951,  641 
§§  18,  19);  clause  Thirty-fifth  revised,  1939,  24  §  2;  clause  Thirty- 
sixth  added,  1952,  583  §  2  (see  1952,  538  §  3);  clause  Thirty-seventh 
added,  1953,  379. 

Sect.  5 A  added,  1941,  227  §  3  (relative  to  collection  of  taxes  from 
estates  of  persons  who  were  relieved  therefrom  for  lack  of  ability  to 
pay,  or  otherwise) ;  first  sentence  revised,  1948,  541. 

Sect.  6  amended,  1933,  254  §  25;  1936,  59  §  1;  first  paragraph 
amended,  1941,  440;  revised,  1946,  410.  (See  1933,  254  §  66;  1936, 
59  §  3.) 

Sects.  6  and  7.    See  1934,  307. 

Sect.  7,  first  paragraph  amended,  1936,  59  §  2;  section  amended, 
1939,  451  §  21;  1945,  367  §  1.    (See  1936,  59  §  3.) 

Sect.  7A  added,  1945,  367  §  2  (relative  to  payments  in  Ueu  of  taxes 
on  certain  property  held  by  a  municipaUty  or  district  in  another  munic- 
ipaUty). 

Sect.  8  amended,  1933,  80,  254  §  26;  paragraph  added  at  end,  1935, 
119  §  1.    (See  1933,  254  §  66;  1935,  119  §  2.) 


884  Changes  in  the  [Chap.  59. 

Sect.  9  amended,  1933,  254  §  27;  revised,  1939,  342  §  4.  (See  1933, 
254  §  66.) 

Sect.  10  amended,  1933,  254  §  28.    (See  1933,  254  §  66.) 

Sect.  11  amended,  1933,  254  §  29;  revised,  1936,  92;  1939,  175.  (See 
1933,  254  §  66.) 

Sect.  16  amended,  1937,  114. 

Sect.  18,  opening  paragraph  and  clauses  First  and  Second  amended, 
1933,  254  §  30;  clause  Second  revised,  1936,  362  §  2.  (See  1933,  254 
§  66;   1936,  362  §  8.) 

Sect.  19  amended,  1933,  254  §  31;  revised,  1945,  143.  (See  1933, 
254  §  66.) 

Sect.  20  revised,  1933,  254  §  32;  amended,  1936,  376  §  1;  revised, 
1946,  432  §  1.    (See  1933,  254  §  66.) 

Sect.  21  revised,  1933,  254  §  33;  1936,  376  §  2;  second  sentence 
amended,  1945,  624  §  7;  first  three  sentences  stricken  out  and  five  sen- 
tences inserted,  1946,  432  §  2.    (See  1933,  254  §  66.) 

Sect.  23,  first  paragraph  amended,  1951,  798  §  7;  1953,  654  §  29; 
1948,  576;  paragraph  added  at  end,  1938,  175  §  2;  1949,  104  §  1. 
Temporarily  affected,  1954,43.   (See  1951,798  §8;  1952,359;  1953,119.) 

Sect.  23C  added,  1952,  578  §  1  (providing  for  separate  school  tax 
rates);  first  paragraph  revised,  1954,  460  §  1;  ''School  percentage" 
defined,  1954,  460  §  2. 

Sect.  25,  first  sentence  revised,  1950,  257;  amended,  1953,  654  §  30; 
sentence  added  at  end,  1949,  104  §  2. 

Sect.  27  amended,  1936,  118  §  2.    (See  1936,  118  §  3.) 

Sect.  29,  last  three  sentences  revised,  1933,  254  §  34.  (See  1933, 
254  §  66.) 

Sect.  33  amended,  1933,  254  §  35;  first  sentence  revised,  1954,  459 
§  2.    (See  1933,  254  §  66.) 

Sect.  38A  added,  1952,  614  §  2  (relative  to  the  valuation  for  taxation 
of  natural  gas  or  petroleum  pipe  lines);  amended,  1953,  654  §  31.  (See 
1952,  614  §  3.) 

Sect.  39  amended,  1933,  254  §  36;  1939,  451  §  22;  revised,  1953, 
468,  654  §  32.    (See  1933,  254  §  66.) 

Sect.  40  amended,  1953,  654  §  33. 

Sect.  41  amended,  1933,  254  §  37;  1953,  654  §  34.  (See  1933,  254 
§66.) 

Sect.  42  amended,  1953,  654  §  35. 

Sect.  43,  first  sentence  revised,  1948,  112  §  1. 

Sect  45  amended,  1933,  254  §  38;  first  sentence  revised,  1948,  112 
§  2;  form  appended  to  section  amended,  1933,  254  §  39.  (See  1933, 
254  §  66.) 

Sect.  47  amended,  1933,  254  §  40.    (See  1933,  254  §  66.) 

Sect.  48  revised,  1947,  84. 

Sect.  49  amended,  1933,  254  §  41;  first  sentence  revised,  1948,  112 
§  3.    (See  1933,  254  §  66.) 

Sect.  50  revised,  1948,  112  §  4. 

Sect.  54  revised,  1954,  444  §  1.    (See  1954,  444  §  5.) 

Sect.  57  amended,  1933,  151  §  1;  revised,  1933,  254  §  42;  1935,  158 
§  1;  amended,  1937,  203  §  1;  revised,  1938,  330  §  1;  1941,  258  §  1; 
first  two  sentences  revised,  1947,  522  §  1 ;  first  sentence  revised,  1949, 
265  §  1;  fourth  and  fifth  sentences  stricken  out  and  three  sentences 
inserted,  1947,  99  §  1;   sentence  added  at  end,  1949,  278  §  1.     (See 


Chap.  60.]  GENERAL  LawS.  885 

1933,  151  §  2,  254  §  66;  1935,  158  §  2;  1937,  203  §  2;  1938,  330  §  2; 
1947,  99  §  2;  522  §  2;   1949,  265  §  2,  278  §  2.) 

Sect.  59,  sentence  added  at  end,  1933,  165  §  1;  section  revised,  1933, 
254  §  43,  266  §  1;  1934,  136  §  2;  amended,  1935,  187  §  1;  revised,  1939, 
250  §  1;  first  sentence  revised,  1943,  166  §  1;  1945,  621  §  4;  1946, 
199  §  1.  (See  1933,  254  §  66,  266  §  2;  1934,  136  §  3;  1935,  187  §  2; 
1946,  199  §  2;    1949,  277;   1950,  165.)    Temporarily  affected,  1953,  568. 

Sect.  60  revised,  1941,  209;   1945,  620. 

Sect.  61,  last  sentence  revised,  1933,  165  §  2. 

Sect,  61A  added,  1935,  276  §  2  (providing  for  adequate  discovery  in 
proceedings  for  tax  abatement) . 

Sect.  63  amended,  1943,  79. 

Sect.  64,  first  paragraph  amended,  1933,  130  §  1 ;  second  paragraph 
amended,  1935,  218  §  2;  section  revised,  1937,  400  §  6;  1938,  478  §  1; 
first  sentence  amended,  1939,  31  §  6;  first  paragraph  revised,  1945,  621 
§  5;  second  paragraph  amended,  1939,  366  §  2;  1943,  248.  (See  1937, 
400  §§  1-5,  7.) 

Sect.  65  amended,  1933,  130  §  2,  167  §  1;  revised,  1938,  478  §  2; 
1939,  31  §  7;  first  sentence  revised,  1945,  621  §  6. 

Sect.  65A  added,  1932,  218  §  1  (providing  that  the  sale  or  taking  of 
real  property  for  payment  of  unpaid  taxes  thereon  shall  not  prejudice 
proceedings  for  the  abatement  of  such  taxes) ;  revised,  1933,  325  §  18. 
(See  1932,  218  §  2;   1933,  325  §  19.) 

Sect.  65B  added,  1938,  478  §  3  (relative  to  appeals  to  the  appellate 
tax  board  from  the  refusal  of  assessors  to  abate  certain  taxes  on  real 
estate);  revised,  1945,  621  §  7. 

Sect.  65C  added,  1953,  476  §  1  (providing  for  late  entry  of  certain 
appeals  to  the  appellate  tax  board).     (See  1953,  476  §  2.) 

Sect.  69  amended,  1935,  218  §  3;   1939,  366  §  3. 

Sect.  70A  added,  1945,  351  §  1  (regulating  the  procedure  after  abate- 
ment of  a  local  tax,  assessment,  rate  or  charge). 

Sect.  73  amended,  1933,  254  §  44;  1953,  654  §  36.  (See  1933,  254 
§66.) 

Sect.  74  amended,  1933,  254  §  45;  1939,  24  §  3;  1945,  137.  (See 
1933,  254  §  66.) 

Sect.  75  amended,  1934,  104;  first  sentence  revised,  1946,  339. 

Sect.  77  revised,  1945,  333. 

Sect.  78  amended,  1941,  258  §  5. 

Sect.  79  amended,  1938,  150  §  1;  last  sentence  revised,  1946,  251 
§  2.     (See  1946,  251  §  3.) 

Sect.  83  amended,  1933,  254  §  46;  1939,  24  §  4.     (See  1933,  254  §  66.) 

Sect.  84  amended,  1933,  254  §  47.     (See  1933,  254  §  66.) 

Sect.  85  amended,  1933,  254  §  48;  repealed,  1945,  271.  (See  1933, 
254  §  66.)     Affected,  1941,  609. 

Sect.  86  amended,  1933,  254  §  49.     (See  1933,  254  §  66.) 

Chapter  60.  —  Collection  of  Local  Taxes. 

Sect.  1,  third  paragraph  revised,  1933,  164  §  1;  last  two  paragraphs 
amended,  1943,  37  §  1. 

Sect.  3  revised,  1933,  254  §  50;  sentence  inserted  after  first  sentence, 
1954,  444  §  2;  amended,  1941,  258  §  2;  1943,  37  §  2;  sentence  inserted 
after  third  sentence,  1943,  166  §  2.    (See  1933,  254  §  66;  1954,  444  §  5.) 

Sect.  3A  added,  1934,  136  §  1  (requiring  that  certain  information 


886  Changes  in  the  [Chap.  60. 

relative  to  abatement  or  exemptions  be  included  in  tax  bills) ;  amended, 
1936,  156;  revised,  1943,  166  §  3;  564  §  1  (providing  that  additional 
information  be  included  in  certain  tax  bills  issued  subsequent  to  the 
termination  of  the  present  war);  sentence  added  at  end,  1952,  578  §  2; 
section  revised,  1954,  444  §  3.  (See  1934,  136  §  3;  1943,  564  §  2;  1949, 
277;  1954,  444  §§  4,  5.) 

Sect.  3B  added,  1935,  322  §  2  (relative  to  the  suspension  of  payment 
of  certain  assessments  payable  by  certain  persons  entitled  to  exemp- 
tion from  local  taxes). 

Sect.  4  revised,  1939,  342  §  5. 

Sect.  5  revised,  1933,  168  §  2;  amended,  1941,  258  §  3. 

Sect.  13,  sentence  added  at  end,  1937,  143  §  5;  section  revised,  1939, 
44;    1941,308. 

Sect.  15,  first  paragraph  amended,  1934,  151  §  2;  1935,  252  §  1; 
section  revised,  1943,  179;  1952,  398. 

Sect.  15A  added,  1935,  252  §  2  (further  regulating  charges  and  fees 
for  the  collection  of  poll  taxes) ;  revised,  1948,  386. 

Sect.  16  revised,  1933,  168  §  1;  amended,  1933,  254  §  51.  (See  1933, 
168  §  4,  254  §  66.) 

Sect.  18  repealed,  1932,  54  §  1. 

Sect.  22  revised,  1933,  254  §  52;  first  sentence  revised,  1947,  278; 
affected,  1933,  308.    (See  1933,  254  §  66.) 

Sect.  22A  added,  1941,  573  §  1  (relative  to  bills  for  taxes  on  parcels 
of  real  estate  and  payments  on  account  thereof).    (See  1941,  573  §  2.) 

Sect.  23  revised,  1932,  197  §  1;  fourth  sentence  revised,  1952,  388; 
two  sentences  added  at  end,  1943,  478  §  3;  fifth  sentence  amended, 
1954,  487  §  2A.    (See  1954,  487  §  3.) 

Sect.  34,  first  sentence  amended,  1947,  313. 

Sect.  35  revised,  1938,  150  §  2;   1946,  251  §  1.    (See  1946,  251  §  3.) 

Sect.  37  amended,  1933,  254  §  53,  325  §  1;  1934,  131  §  2;  revised, 
1934,  169;  amended,  1935,  269;  1936,  146;  last  sentence  revised,  1941, 
84  §  1;  section  revised,  1943,  478  §  1.  (See  1933,  254  §  66;  1934,  131 
§  3;  1941,  84  §  2.) 

Sect.  37A  added,  1943,  478  §  2  (relative  to  the  continuance  of  local 
tax  liens  during  the  existence  of  legal  impediments  to  sales  or  takings 
thereunder). 

Sect.  38  amended,  1933,  254  §  54,  325  §  2.  (See  1933,  254  §  66, 
325  §  21.) 

Sect.  39  amended,  1933,  325  §  3. 

Sect.  42  revised,  1933,  164  §  2. 

Sect.  43,  last  sentence  revised,  1932,  54  §  2;  section  amended,  1935, 
183,  236. 

Sect.  45  amended,  1933,  325  §  4;   1937,  209;  1938,  339  §  1. 

Sect.  46,  paragraph  added  at  end,  1934,  131  §  1. 

Sect.  48  amended,  1933,  325  §  5.    (See  1933,  325  §  20.) 

Sect.  50  revised,  1933,  325  §  6;  amended,  1935,  414  §  1;  1936,  93  §  2; 
amended,  1941,  319  §  1.    (See  1935,  414  §  4;  1941,  319  §§  3,  4.) 

Sect.  50A  added,  1934,  154  §  2  (providing  for  protection  of  interests 
in  real  estate  held  under  tax  sales  or  takings). 

Sect.  50B  added,  1946,  185  (requiring  cities  and  towns  to  appro- 
priate or  provide  sums  necessary  for  foreclosure  of  tax  titles  by  pro- 
ceedings in  the  land  court). 

Sect.  51  amended,  1933,  254  §  55.    (See  1933,  254  §  66.) 


Chap.  60.]  GENERAL   LaWS.  887 

Sect.  52  revised,  1936,  392  §  1. 

Sect.  53  revised,  1933,  164  §  3.    (See  1933,  325  §  20.) 

Sect.  54  amended,  1933,  325  §  7;   1938,  339  §  2. 

Sect.  55  amended,  1933,  325  §  8. 

Sect.  58  revised,  1932,  2;   1939,  250  §  2. 

Sect.  59  amended,  1933,  254  §  56.    (See  1933,  254  §  66.) 

Sect.  60Tevised,  1945,  130. 

Sect.  61  revised,  1933,  325  §  9;  amended,  1934,  48;  1936,  93  §  1. 
(See  1933,  325  §  20.) 

Sect.  61 A  added,  1943,  188  (relative  to  taking  for  nonpayment  of 
taxes  lands  subject  to  tax  titles  held  by  municipalities  when  the  assess- 
ment unit  is  changed). 

Sect.  62  revised,  1933,  325  §  10;  first  paragraph  amended,  1934, 
218;  same  paragraph  revised,  1935,  414  §  2;  second  paragraph  revised, 
1935,  278;  section  revised,  1936,  392  §  2;  second  paragraph  amended, 
1941,  231;  sentence  inserted  before  last  sentence  in  second  paragraph, 
1947,  133;  paragraph  inserted  after  the  second  paragraph,  1938,  415 
§  5.    (See  1935,  414  §  4.) 

Sect.  63  amended,  1933,  325  §  11;  revised,  1936,  392  §  3. 

Sect.  65  amended,  1933,  325  §  12;   1938,  305. 

Sect.  66  amended,  1935,  224  §  1.    (See  1935,  224  §  6.) 

Sect.  67  amended,  1935,  224  §  2.    (See  1935,  224  §  6.) 

Sect.  68  amended,  1935,  224  §  3;  paragraph  added  at  end,  1935,  354 
§  1 ;  section  amended,  1935,  414  §  3.    (See  1935,  224  §  6,  354  §  3,  414  §  4.) 

Sect.  69  amended,  1935,  224  §  4;  sentence  added  at  end,  1945,  226 
§1.    (See  1935,  224  §  6.) 

Sect.  69A  added,  1945,  226  §  2  (relative  to  the  conclusiveness  of 
decrees  foreclosing  tax  titles). 

Sect.  70  amended,  1935,  224  §  5.     (See  1935,  224  §  6.) 

Sect.  71  amended,  1941,  319  §  2.     (See  1941,  319  §§  3,  4.) 

Sect.  75  amended,  1936,  189  §  1. 

Sect.  76  revised,  1935,  318  §  1;  amended,  1936,  189  §  2.  (See  1935, 
318  §§  2,  8.) 

Sect.  76A  added,  1935,  354  §  2  (providing  for  redemption  in  part 
from  tax  sales  in  certain  cases);  paragraph  added  at  end,  1939,  181; 
amended,  1953,  674  §  10.  (See  1935,  354  §  3.) 

Sect.  76B  added,  1938,  415  §  6  (relative  to  the  effect  of  errors  or 
irregularities  in  respect  to  water  rates  and  charges  included  in  a  tax 
title  account). 

Sect.  76C  added,  1945,  268  (providing  for  notice  to  certain  munic- 
ipal officers  of  certain  action  in  connection  with  tax  titles). 

Sect,  77,  paragraph  added  at  end,  1938,  339  §  3;  amended,  1953, 
654  §  37. 

Sect.  77A  added,  1945,  78  (relative  to  recording  of  deeds  of  cities 
and  towns  conveying  land  acquired  through  foreclosure  of  tax  titles) . 

Sect.  77B  added,  1947,  224  §  1  (making  permanent  certain  temporary 
provisions  of  law  relative  to  certain  land  acquired  by  municipalities). 
(See  1947,  224  §  2.)  [For  prior  temporary  legislation,  see  1938,  358; 
1939,  123;   1941,  296.] 

Sect.  78  amended,  1933,  325  §  13;  repealed,  1936,  194.  (See  1933, 
325  §  20.) 

Sect.  79,  second  paragraph  amended,  1933,  325  §  14;  1935,  173  §  1; 
section  revised,  1941,  594  §  1. 


888  Changes  in  the  [Chap.  60A. 

Sect.  80  amended,  1933,  325  §  15;  revised,  1935,  173  §  2;  amended, 
1941,  594  §  2.    (See  1939,  123;   1941,  296.) 

Sects.  80A  and  SOB  added,  1941,  594  §  3  (relative  to  the  validity  of 
title  acquired  at  sales  of  lands  of  low  value  held  by  cities  and  towns 
under  tax  titles). 

Sect.  SOB  revised,  1946,  302. 

Sect.  82  amended,  1945,  267  §  1. 

Sect.  83  amended,  1945,  267  §  2. 

Sect.  84  revised,  1935,  260. 

Sect.  84A  revised,  1933,  325  §  16;  1935,  181  §  1.    (See  1935,  181  §  2.) 

Sect.  92  revised,  1933,  82  §  1;  amended,  1934,  259  §  1. 

Sect.  93  revised,  1943,  199;  last  sentence  revised,  1945,  397  §  2. 
(See  1945.  397  §  3.) 

Sect  95  revised,  1933,  325  §  17;  amended,  1934,  315  §  2;  revised, 
1935,  248  §  3;  amended,  1939,  451  §  23;  1941,  380  §  6;  sentence  added 
at  end,  1943,  107;  revised,  1949,  202.    (See  1934,  315  §  3.) 

Sect.  97  revised,  1934,  151  §  1. 

Sect.  104  revised,  1937,  43. 

Sect.  105  revised,  1933,  168  §  3;    1941,  258  §  4. 

Form  2  in  schedule  at  end  of  chapter  repealed,  1932,  54  §  1 ;  schedule 
of  forms  at  end  of  chapter  stricken  out,  1933,  168  §  3. 


Chapter  60A.  —  Excise  Tax  on  Registered  Motor  Vehicles  in  Lieu  of  Local 

Tax. 

For  legislation  exempting  certain  disabled  veterans  from  payment  of 
certain  motor  vehicle  excise  taxes  and  registration  fees,  see  1948,  368. 

Sect.  1,  first  paragraph  amended,  1936,  384  §  1;  last  paragraph 
amended,  1936,  384  §  2;  paragraph  added  at  end,  1938,  111;  section 
revised,  1938,  480  §  1;  table  revised,  1953,  653;  third  paragraph  re- 
vised, 1953,  654  §  38;  fourth  paragraph  amended,  1941,  718  §  1;  re- 
vised, 1949,  342;  amended,  1950,  666  §  1;  1951,  736  §  4;  paragraph 
inserted  after  fourth  paragraph,  1949,  401;  same  paragraph  revised, 
1950,  731;  1954,  548;  sixth  paragraph  revised,  1953,  3SS;  last  para- 
graph revised,  1947,  644;  1952,  412;  paragraph  added  at  end,  1951, 
165;  section  revised,  1954,  640  §  1.  (See  1941,  718  §  2;  1951,  736 
§5.) 

Sect.  1A  added,  1949,  484  (providing  for  but  one  excise  tax  on  a 
motor  vehicle  in  each  year  in  certain  cases);  sentence  added  at  end, 
1952,  285. 

Sect.  2  revised,  1936,  384  §  3;  1938,  480  §  2;  amended,  1939,  366 
§  4;  1950,  666  §  2;  1952,  400;  1953,  654  §  39;  1954,  373  §  1;  revised, 
1954,  640  §  2.    (See  1954,  373  §  2.) 

Sect.  2A  added,  1938,  492  §  1  (providing  for  the  suspension  of  cer- 
tificates of  registration  in  cases  of  nonpayment  of  the  excise  on  regis- 
tered motor  vehicles);  last  sentence  stricken  out,  1943,  18;  second 
sentence  revised,  1945,  443;  section  revised,  1953,  339  §  1.  (See  1953, 
339  §  2.) 

Sect.  3  revised,  1936,  384  §  4;   1938,  480  §  3. 

Sect.  4  revised,  1938,  480  §  4,  492  §  2. 

Sect.  5  stricken  out,  1953,  654  §  40. 

Sect.  6  amended,  1936,  384  §  5;  revised,  1938,  480  §  6. 


Chaps.  61,  62.]  GENERAL  Laws.  889 


Chapter  61.  —  Classification  and  Taxation  of  Forest  Lands  and  Forest 
Products  (former  title  Taxation  of  Forest  Products  and  Classification 
and  Taxation  of  Forest  Lands). 

Chapter  stricken  out,  and  new  chapter  61  (with  new  title)  inserted,  1941, 
652  §  1.      (See  1941,  652  §  2.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  61  as  so  inserted: 

Sect.  1,  first  paragraph  stricken  out  and  two  paragraphs  inserted, 
1943,  461  §  1.    (See  1943,  461  §§  4  and  5.) 

Sect.  2,  second  schedule  and  all  preceding  such  schedule  revised, 
1943,  461  §  2.    (See  1943,  461  §§  4  and  5.) 

Sect.  6  amended,  1943,  461  §  3.    (See  1943,  461  §§  4  and  5.) 


Chapter  62.  —  Taxation  of  Incomes. 

For  legislation  establishing  an  additional  tax  upon  personal  incomes 
to  provide  funds  for  old  age  assistance,  see  1941,  729  §§  9,  15;  1948, 
503  §  5;  1949,  674  §  2;  1951,  386  §  2;  1953,  246  §  6.  (See  also  1951, 
800  §§  1,  2,  3.) 

For  prior  temporary  legislation  relative  to  the  taxation  of  dividends 
of  certain  corporations,  see  1933,  307,  357;  1935,  489;  1936,  82  §  1; 
1937,  395;  1938,  489  §§  2-5;  1939,  373;  1941,  331;  1943,  285.  (See 
also  1945,  735.) 

For  temporary  legislation  providing  for  additional  taxes  upon  per- 
sonal incomes,  see  1935,  480;  1936,  397;  1937,  422;  1938,  502;  1939, 
454  §  19;  1941,  416  §§  1,  3;  1943,  482  §§  1,  3,  4;  1945,  557  §§  1,  3,  4; 
1948,  503  §§  1,  4,  6;  1949,  674  §  2;  1951,  386  §  2;  1953,  246  §  2.  (See 
also  1951,  800  §§  1,  2,  3;   1953,  246  §§  5,  15.) 

For  temporary  legislation  relative  to  the  payment  of  income  taxes 
by  persons  who  served  in  the  armed  forces  of  the  United  States  during 
the  existing  war,  see  1946,  604. 

For  temporary  legislation  providing  that  income  taxes  shall  be  due 
and  payable  when  the  tax  return  therefor  is  required  to  be  filed,  see 
1950,  816  §  2;  affected,  1951,  750;  1952,  623;  1953,  246  §  5;  1954, 
70  §  2.     (See  1950,  816  §  4.) 

Sect.  1,  first  sentence  revised,  1954,  679  §  1;  subsection  (a),  para- 
graph Fifth  added,  1946,  539;  subsection  (6)  revised,  1945,  735  §  1; 
subsection  (c),  paragraph  Third  added,  1935,  489  §  6;  subsection  (e) 
amended,  1935,  489  §  7;  subsection  (g)  revised,  1954,  545;  subsection 
(h)  added,  1954,  679  §  2.    (See  1945,  735  §  5;   1954,  679  §  7.) 

Sect.  3  revised,  1943,  45  §  1. 

Sect.  5,  first  sentence  of  paragraph  (a)  revised,  1954,  679  §  3;  para- 
graph (6)  amended,  1935,  489  §  8;  same  paragraph  revised,  1939,  486 
§  1;  first  sentence  stricken  out  and  three  sentences  inserted,  1954,  679 
§  4;  paragraph  (c)  revised,  1934,  363  §  1;  1935,  481  §  1;  amended  and 
paragraph  added  at  end,  1954,  599  §  1;  subsection  (f)  and  (g)  added, 
1954,  679  §  5.  (See  1934,  363  §  2,  1935,  481  §  2;  1939,  486  §  3;  1954, 
679  §  7.) 

Sect.  6,  first  paragraph  revised,  1954,  611  §  1;  clause  (a),  sentence 
added  at  end,  1947,  485  §  1 ;  clause  (g)  revised,  1935,  436  §  1;  clause  (h) 


890  Changes  in  the  [Chap.  61. 

revised,  1943,  511;  1951,  800  §  4;  1953,  514;  1954,  251  §  1,  657  §  1. 
(See  1935,  436  §  2;  1947,  485  §  3;  1951,  800  §  6;  1954,  251  §  2,  611  §  3, 
657  §  2.) 

Sect.  7  amended,  1953,  654  §  41;  second  and  third  paragraphs  re- 
vised, 1954,  599  §  2. 

Sects,  7A  and  7B  added,  1935,  438  §  1  (relative  to  income  taxation 
of  gains  from  certain  transactions  in  real  property). 

Sect.  7B  amended,  1953,  654  §  42. 

Sect.  8,  paragraph  (a)  revised,  1951,  800  §  5;  paragraph  (e)  revised, 
1954,  560;  paragraph  (g)  amended,  1947,  83  §  2;  1952,  555;  paragraph 
Qi)  added,  1945,  625  §  4;  paragraphs  (t)  and  (j)  added,  1947,  485  §  2; 
paragraph  (k)  added,  1954,  443.  (See  1947,  485  §  3;  1951,  800  §  6; 
1953,  208.) 

Sect.  10  amended,  1954,  387  §  1.    (See  1954,  387  §  2.) 

Sect.  12A  added,  1954,  679  §  6  (relative  to  the  exemption  of  certain 
unearned  income).    (See  1954,  679  §  7.) 

Sect.  16  amended,  1953,  654  §  43. 

Sect.  18.     See  Sect.  18  of  Chapter  58  in  this  Table. 

Sect  21 A  added,  under  caption  "presumption  as  to  inhabitancy", 
1936,  310  (providing  that  individuals  under  certain  circumstances  shall 
be  presumed  to  be  inhabitants  of  the  Commonwealth  for  income  tax 
purposes) ;  repealed,  1938,  489  §  8. 

Sect.  22  revised,  1939,  486  §  2;  clause  (a)  revised,  1954,  611  §  2; 
paragraph  added  at  end,  1954,  648  §  1.  (See  1939,  486  §  3;  1954, 
611  §  3.) 

Sect.  24  revised,  1943,  45  §  2;  amended,  1954,  70  §  1.  (See  1954, 
70  §  2.) 

Sect.  25,  last  sentence  revised,  1947,  322  §  1. 

Sect.  25A  added,  1935,  438  §  3  (relative  to  returns  of  taxable  gains 
from  certain  transactions  in  real  propertv). 

Sect.  29  revised,  1954,  648  §  2. 

Sect.  30  amended,  1935,  152;  first  sentence  amended,  1951,  452  §  1. 

Sect.  31  revised,  1943,  45  §  3. 

Sect.  32,  third  sentence  amended,  1951,  452  §  2;   1953,  654  §  44. 

Sect.  33,  first  paragraph  revised,  1943,  45  §  4;  1954,  391  §  1;  second 
paragraph  revised,  1945,  735  §  2;  paragraph  added,  1932,  186.  (See 
1945,  735  §  5;   1954,  391  §  2.) 

Sect.  34  repealed,  1947,  483  §  2. 

Sect.  36  amended,  1933,  167  §  2. 

Sect.  37  revised,  1933,  350  §  1 ;  amended,  1949,  698  §  1 ;  sentence 
inserted  after  second  sentence,  1954,  605  §  1.  (See  1933,  350  §  9;  1949, 
698  §  2;  1954,  605  §  2.) 

Sect.  37A  added,  1933,  350  §  2  (providing  for  the  payment  of  income 
taxes  in  two  installments);  amended,  1947,  322  §  2;  revised,  1954,  69; 
temporarily  affected,  1950,  816  §  2;  1951,  750;  1952,  623  §  2;  1953, 
246  §  5.    (See  1933,  350  §  9;  1950,  816  §  4.) 

Sect.  38  stricken  out,  1953,  654  §  45. 

Sect.  39,  first  sentence  revised,  1933,  350  §  3.     (See  1933,  350  §  9.) 

Sect.  41  revised,  1932,  152;  1933,  350  §  4.     (See  1933,  350  §  9.) 

Sect.  43  amended,  1933,  350  §  5;  1937, 135  §  2;  first  sentence  stricken 
out  and  three  sentences  inserted,  1951,  528;  section  amended,  1953, 
654  §  46;  revised,  1954,  269.      (See  1933,  350  §  9.) 

Sect.  44  amended,  1953,  654  §  47. 


Chap.  62.]  GENERAL   LaWS.  ,  891 

Sect.  45  amended,  1939,  451  §  24;   1945,  523  §  2;   1953,  654  §  48. 
Sect.  46  revised,  1933,  350  §  6.     (See  1933,  350  §  9.) 
Sect.  56  revised,  1943,  45  §  5. 

Sect.  61  added,  1952,  262  (defining  the  term  "received"  as  relates 
to  income). 


Chapter  63.  —  Taxation  of  Corporations. 

Sect.  1,  paragraph  defining  "Bank"  revised,  1943,  472;  paragraph 
defining  "Net  income"  revised,  1933,  327  §  1.    (See  1933,  327  §  7.) 

Sect.  2  amended,  1933,  327  §  2;  1939,  451  §  25;  1941,  509  §  3; 
1953,  654  §  49;  temporarily  affected,  1951,  386  §  5;  1953,  246  §  9. 
(See  1933,  327  §  7;   1941,  509  §  9.) 

Sect.  3  amended,  1933,  254  §  58;  1934,  323  §  5;  1945,  161  §  2; 
1953,  654  §  50.    (See  1933,  254  §  66;   1934,  323  §  11.) 

Sect.  4  amended,  1939,  368;   1941,  509  §  4.    (See  1941,  509  §  9.) 

Sect.  5  amended,  1933,  254  §  59;  repealed,  1934,  323  §  1.  (See  1933, 
254  §  66;  1934,  323  §  11.) 

Sect.  6  repealed,  1934,  323  §  1.    (See  1934,  323  §  11.) 

Sect.  12,  paragraph  (c)  amended,  1937,  274  §  1 ;  paragraph  (h)  added, 
1934,  362;  paragraph  (i)  added,  1948,  544  §  7A;  paragraphs  (j  and 
(k)  added,  1953,  292;  paragraph  (I)  added,  1954,  354;  paragraph  (m) 
added,  1954,  436;  paragraph  (n)  added,  1954,  543. 

Sect.  18  revised,  1939,  447  §  1 ;  1948,  486  §  1 ;  amended,  1954, 
515  §  1.    (See  1939,  447  §  3;   1948,  486  §§  2-4.) 

Sect.  18A  amended,  1939,  447  §  2;  1953,  654  §  51.  (See  1939,  447 
§3.) 

Sect.  20  amended,  1941,  509  §  5;  revised,  1943,  531  §  1;  amended, 
1953,  654  §  52.    (See  1941,  509  §  9;  1943,  531  §§  2,  3,  7;   1948,  587.) 

Sect.  22  revised,  1945,  721  §  1;  amended,  1946,  387  §  1;  temporarily 
affected,  1951,  386  §  6;  1953,  246  §  6.  (See  1945,  721  §  5;  1946,  387 
§7.) 

Sect.  23  revised,  1945,  721  §  2;  amended,  1946,  387  §  2.  (See  1945, 
721  §  5;   1946,  387  §  7.) 

Sect.  24  amended,  1943,  531  §  4;  revised,  1945,  721  §  3.  (See  1943, 
531  §  7;   1945,  721  §  5.) 

Sect.  25  amended,  1943,  531  §  5;  1945,  721  §  4;  1953,  654  §  53. 
(See  1943,  531  §  7;   1945,  721  §  5.) 

Sect.  26  amended,  1946,  387  §  3;  1953,  654  §  54.    (See  1946,  387  §  7.) 

Sect.  27  amended,  1946,  387  §  4.    (See  1946,  387  §  7.) 

Sect.  28  amended,  1939,  451  §  27;  1941,  509  §  6;  revised,  1943,  531 
§  6;  paragraph  inserted  after  second  paragraph,  1945,  342;  second  and 
third  paragraphs  re\'ised,  1946,  387  §  5;  third  paragraph  revised,  1950, 
427;  paragraph  inserted  after  third  paragraph,  1953,  633;  last  para- 
graph amended,  1953,  654  §  55.  (See  1941,  509  §  9;  1943,  531  §  7; 
1946,  387  §  7.) 

Sect.  29A  added,  1946,  387  §  6  (relative  to  the  taxation  of  marine 
and  fire  and  marine  insurance  companies).    (See  1946,  387  §  7.) 

Sect.  29B  added,  1947,  488  §  4  (relative  to  the  taxation  of  the  ex- 
change of  reciprocal  or  inter-insurance  contracts). 

Sects.  30-51.  For  temporary  legislation  providing  for  further  addi- 
tional taxes  levied  under  these  sections,  see  1947,  598;  1948,  574;  1949, 
674;  1950,  608;   1951,  386;   1953,  246. 


892  Changes  in  the  [Chap.  62. 

Sect.  30-60.  For  legislation  establishing  an  additional  tax  under 
these  sections  to  provide  funds  for  old  age  assistance,  see  1941,  729 
§§  9,  15. 

For  temporarj'  legislation  providing  for  additional  taxes  levied  under 
these  sections,  see  1935,  480;  1936,  397;  1937,  422:  1938,  502;  1939, 
454  §  19;  1941,  416  §§  1,  3;  1943,  482  §§  1,  3,  4;  1945,  557  §§  1,  3.  4; 
1948,  503  §§  1,  4,  6;  574. 

Sect.  30,  paragraph  2  revised,  1943,  459  §  1;  paragraph  3,  subdivi- 
sion (a)  revised,  1939,  24  §  5;  sentence  added  at  end,  1947,  622  §  I; 
paragraph  contained  in  hnes  48-51  amended,  1933,  58  §  3,  revised,  1943, 
459  §  2;  paragraph  contained  in  lines  52-69  revised,  1934,  237  §  1; 
paragraph  4,  subdivision  (a)  revised,  1939,  24  §  6;  sentence  added  at 
end,  1947,  622  §  2;  paragraph  contained  in  lines  70-74  amended,  1933, 
58  §  4;  revised,  1934,  237  §  1;  1943.  459  §  3;  paragraph  5  revised,  1933, 
327  §  3.    (See  1933,  58  §  5,  327  §  7;   1934,  237  §  2;   1947,  622  §  5.) 

Sect.  32  revised,  1933,  342  §  1;  amended,  1936,  362  §  5;  1939,  363 
§  1.    (See  1933,  342  §  6;   1936,  362  §  8;   1939,  363  §  2.) 

Sect.  32A  amended,  1933,  342  §  2.    (See  1933,  342  §  6.) 

Sect.  33  revised,  1933,  303  §  1.    (See  1933,  303  §  3.) 

Sect.  34  amended,  1933,  327  §  4.    (See  1933,  327  §  7.) 

Sect.  35  revised,  1933,  58  §  1;  amended,  1953,  654  §  56. 

Sect.  36  revised,  1933,  327  §  5;  amended,  1935,  473  §  2;  second  sen- 
tence revised,  1950,  506;  first  two  sentences  stricken  out  and  sentence 
inserted,  1954,  270  §  1;  section  amended,  1953,  654  §  57;  paragraph 
added  at  end,  1954,  270  §  2.    (See  1933,  327  §  7;   1935,  473  §  7.) 

Sect.  38,  paragraph  10  added  at  end,  1933,  342  §  3.  (See  1933, 
342  §  6.) 

Sect.  38B,  first  sentence  amended,  1953,  654  §  58;  last  paragraph 
amended,  1935,  473  §  3.  (See  1935,  473  §  7.)  [For  temporary  legis- 
lation affecting  taxation,  during  the  years  1934  to  1946,  inclusive,  of 
corporations  subject  to  this  section,  see  1934,  317  §  1;  1935,  489  §  4; 
1937,  395  §  5;  1938,  489  §  6;  1939,  373  §  5;  1941,  331  §  5;  1943,  285 
§5.] 

Sect.  38C  revised,  1937,  383  §  1.    (See  1937,  383  §  3.) 

Sect.  39,  subsection  (1)  revised,  1936,  362  §  6;  last  paragraph 
amended,  1933,  327  §  6;  new  paragraph  added  at  end,  1933,  342  §  4. 
(See  1933,  327  §  7,  342  §  6;   1936,  362  §  8.) 

Sect.  39A  revised,  1933,  303  §  2;  first  paragraph  amended,  1934,  134. 
(See  1933,  303  §  3.) 

Sect.  40  revised,  1933,  58  §  2. 

Sect.  42,  last  sentence  amended,  1932,  180  §  11;  section  revised, 
1933,  342  §  5;  last  sentence  stricken  out,  1953,  654  §  59.  (See  1933, 
342  §  6.) 

Sect.  42B  revised,  1937,  383  §  2.     (See  1937,  383  §  3.) 

Sect.  43  repealed,  1945,  735  §  3.  (See  1933,  307  §  9A;  1935,  489 
§  2;  1937,  395  §  2;  1938,  489  §  3;  1939,  373  §  2;  1941,  331  §  2;  1943, 
285  §  2 ) 

Sect."  44  amended,  1935,  473  §  4;  1936,  362  §  7.  (See  1935,  473  §  7; 
1936,  362  §  8.) 

Sect.  45  amended,  1933,  195  §  1;  revised,  1935,  473  §  5;  amended, 
1943,  395;   1950,  505.    (See  1933,  195  §  2;   1935,  473  §  7.) 

Sect.  46  revised,  1954,  193. 

Sect.  47  stricken  out,  1953,  654  §  60. 


Chap.  62.]  GENERAL   LaWS.  893 

Sect.  48  revised,  1935,  473  §  1.     (See  1935,  473  §  7.) 

For  temporary  legislation  providing  that  certain  taxes  payable  under 
this  section  shall  be  due  and  payable  when  the  tax  return  therefor  is 
required  to  be  filed,  see  1950,  816;  afifected,  1951,  750;  1952,  623  §  2; 
1953,  246  §  5. 

Sect.  49  amended,  1953,  654  §  61. 

Sect.  51,  first  sentence  stricken  out  and  three  sentences  inserted, 
1951,  529;   section  amended,  1953,  654  §  62;    1954,  515  §  2. 

Sect.  52,  second  sentence  amended,  1946,  394  §  1;  fourth  sentence 
amended,  1946,  394  §  2. 

Sect.  52A  added,  1951,  641  §  1  (relative  to  taxation  of  certain  utiUty 
corporations);  subdivision  (1),  paragraph  (6)  amended,  1952,  344; 
subdivision  (4)  amended,  1954,  515  §3;  clause  Fifth  revised,  1954,  490; 
subdivisions  (6)  and  (7)  amended,  1953,  654  §  63;  subdivision  (6) 
amended,  1954,  515  §  4.    (See  1951,  641  §§  18,  19.) 

Sect.  53,  first  paragraph  amended,  1933,  254  §  60;  1941,  509  §  7; 
1951,  641  §  11;  clause  Fourth  revised,  1934,  323  §  6;  stricken  out,  1951, 
641  §  11.  (See  1933,  254  §  66;  1934,  323  §  11;  1941,  509  §  9;  1951, 
641  §§  18,  19.) 

Sect.  54,  paragraph  in  fines  9-17  amended,  1933,  254  §  61;  same 
paragraph  revised,  1934,  323  §  7;  last  paragraph  amended,  1934,  323 
§  7A;  section  repealed,  1951,  641  §  2.  (See  1933,  254  §  66;  1934,  323 
§11;  1951,641  §§  18,  19.) 

Sect.  55,  first  paragraph  amended,  1936,  134;  section  amended,  1939, 
24  §  7;  second  last  paragraph  revised,  1947,  622  §  3;  section  revised, 
1951,  641  §  12.     (See  1947,  622  §  5;  1951,  641  §§  18,  19.) 

Sect.  56A  revised,  1934,  317  §  3;  amended,  1951,  641  §  13.  (See 
1934,  317  §  4;   1951,  641  §§  18,  19.) 

Sect.  58  amended,  1951,  641  §  14.     (See  1951,  641  §§  18,  19.) 

Sect.  59  amended,  1934,  323  §  8;  1951,  641  §  15.  (See  1934,  323  §  11; 
1951,  641  §§  18,  19.) 

Sect.  60  amended,  1939,  451  §  28;    1941,  509  §  8;    1954,  515  §  5; 

1953,  654  §  64.    (See  1941,  509  §  9.) 

Sect.  67,  sentence  added  at  end,  1951,  641  §  16.     (See  1951,  641 
§§  18,  19.) 
Sect.  68A  amended,  1939,  24  §  8;  revised,  1947,  622  §  4;  amended, 

1954,  515  §  6.     (See  1947,  622  §  5.) 

Sect.  69  amended,  1951,  641  §  17.     (See  1951,  641  §§  18,  19.) 

Sect.  70  revised,  1935,  473  §  6.     (See  1935,  473  §  7.) 

Sect.  71  amended,  1933,  167  §  3;  1939,  451  §29;  1945,  523  §  3; 
1953,  654  §  65;  revised,  1954,  515  §  7. 

Sect.  71A  amended,  1935,  150;   1939,  451  §  30;   1953,  654  §  66. 

Sect.  71B  added,  1937,  135  §  3  (providing  that  appUcations  for  abate- 
ment or  correction  of  taxes,  made  pursuant  to  any  provision  of  this 
chapter,  shall  be  in  writing  upon  forms  approved  by  the  commissioner) ; 
amended,  1953,  654  §  67. 

Sect.  76  revised,  1954,  461  §  1.    (See  1954,  461  §§  3,  4.) 

Sect.  81  revised,  1939,  24  §  9. 


894  Changes   in  the  [Chaps.  63A-64B, 


Chapter  63A.  —  Taxation  of  Certain  Corporations,  Associations  and 
Organizations  Engaged  in  the  Sale  of  Alcoholic  Beverages. 

For  temporary  legislation  providing  for  additional  taxes  upon  certain 
corporations,  see  1948,  503  §§  3,  4;  1949,  674  §  4;  1951,  386  §§  4,  7; 
1953,  246  §§  8,  11,  15. 

For  temporary  legislation  providing  that  certain  taxes  under  this 
chapter  shall  be  due  and  payable  when  the  tax  return  therefor  is  re- 
quired to  be  filed,  see  1950,  816;  affected,  1951,  750;  1952,  623;  1953, 
246. 

New  chapter  inserted,  1947,  632  §  1.      (See  1947,  632  §  3.) 

Sect.  2  amended,  1953,  654  §  68. 
Sect.  3  amended,  1953,  654  §  69. 
Sect.  5  amended,  1953,  654  §  70. 

Chapter  64.  —  Taxation  of  Stock  Transfers. 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1953. 

Chapter  repealed,  1954,  353  §  1.     (See  1954,  353  §§  2,  3.) 

Chapter  64A.  —  Taxation  of  Sales  of  Gasoline  and   Certain  Other  Motor 

Vehicle  Fuel. 

Chapter  affected,  1932,  248;  1935,  336;  1936,  398;  1938,  431  §  2; 
1939,408;   1941,330;   1943,270;   1945,571;   1949,  744  §  3. 

Sect.  1,  paragraph  (d)  revised,  1936,  357  §  1;  amended,  1948,  492 
§  1;  revised,  1951,  414  §  1;  sentence  defining  "Diesel  engine  fuel" 
added,  1947,  666  §  1;  paragraph  (g)  amended,  1941,  490  §  16.  (See 
1936,  357  §  3;   1947,  666  §§  2A,  4.) 

Sect.  3,  last  sentence  amended,  1943,  420  §  1. 

Sect.  4  revised,  1938,  431  §  1,  paragraph  added  at  end,  1945,  556 
section  revised,  1949,  744  §  1;  second  sentence  revised,  1951,  699  §  2 
1952,  556  §  12;  section  amended,  1953,  654  §  72.  (See  1951,  699  §§  3-5 
1952,  556  §§  13-15.) 

Sect.  4A  added,  1947,  666  §  2  (providing  for  the  taxation  of  Diesel 
engine  fuel);  next  to  last  sentence  revised,  1948,  464;  section  stricken 
out  and  sections  4A-4E  inserted,  1949,  744  §  2  (relative  to  the  sale, 
distribution  and  rate  of  tax  on  Diesel  engine  fuel).  (See  1947,  666 
§§  2A,  4.) 

Sect.  4A  revised,  1951, 414  §  2. 

Sect.  5  amended,  1936,  357  §  2;  1939,  451  §  32;  revised,  1943,  420 
§  2;  amended,  1953,  654  §  73.    (See  1936,  357  §  3.) 

Sect.  7  revised,  1943.  420  §  3;  first  sentence  revised,  1948,  492  §  2; 
amended,  1952,  377  §  3;  section  amended,  1949,  200;  1953,  654  §  74. 

Sect.  9  amended,  1953,  654  §  75. 

Sect.  10  amended,  1939,  451  §  33;  revised,  1943,  420  §  4;  second 
sentence  revised,  1953,  654  §  76. 

Sect.  12  revised,  1941,  490  §  17. 

Chapter  64B.  —  Excise  upon  Charges  for  Meals  served  to  the  Public. 
New  chapter  inserted,  1941,  729  §  17.     (See  1941,  729  §  15.) 

Sect.  1,  definition  of  "taxable  charge,"  revised,  1945,  663  §  1;  1946, 
326  §  1;   1949,  725;  1953,  627  §  1. 


Chaps.  64C-6o.]  GENERAL   LaWS.  895 

Sect.  2  revised,  1945,  663  §  2;  1946,  326  §  2;  amended,  1953,  654 
§77. 

Sect.  2 A  added,  1953,  627  §  2  (exempting  certain  meals  from  the 
excise  imposed  by  this  chapter). 

Sect.  3  revised,  1945,  663  §  3;  1946,  326  §  3. 

Sect.  4  revised,  1953,  617. 

Sect.  5  amended,  1953,  654  §  78. 

Sect.  6,  paragraph  added  at  end,  1943,  521  §  2;  amended,  1948,  658; 
1953,  654  §  79;  second  paragraph  revised,  1954,  503  §  1.  (See  1954, 
503  §  2.) 

Sect.  7  revised,  1946,  564;  next  to  last  sentence  stricken  out  and 
two  sentences  inserted,  1953,  654  §  80. 

Sect.  10  amended,  1953,  654  §  81. 

Chapter  64C.  —  Cigarette  Excise. 

New  chapter  inserted,  1945,  547  §  1.     (See  1945,  547  §§  2,  3;    731  §  9;    1949, 

771.) 

For  legislation  providing  for  temporary  cigarette  taxes,  see  1939, 
454  §§  1-18;  1941,  417,  715;  1943,  407;  1945,  731  §  9;  1949,  771; 
1951,  386  §  9;   1953,  246  §  13. 

For  legislation  providing  for  temporary  taxes  on  cigars  and  tobacco, 
see  1949,  796  §  2  (see  1949,  796  §  3);  repealed,  1950,  827. 

Sect.  4  amended,  1953,  654  §  82. 

Sect.  6  amended,  1953,  654  §  83. 

Sect.  22  amended,  1953,  654  §  84. 

Sect.  23  amended,  1953,  654  §  85. 

Sect.  25  amended,  1953,  654  §  86. 

Chapter  64D.  —  Excise  on  Deeds,  Instruments  and  Writings. 
New  chapter  inserted,  1951,  710  §  1.      (See  1951,  710  §  2.) 

Sect.  1  revised,  1953,  303. 

Sects.  3 A  and  3B  added,  1954,  550  (establishing  a  fund  for  the 
purchase  by  registries  of  deeds  of  documentary  stamps  to  be  sold  by 
said  registries). 

Sect.  4  amended,  1953,  654  §  87. 

Sect.  6,  second  sentence  stricken  out  and  two  sentences  inserted, 
1953,  503. 

Chapter  65.  —  Taxation  of  Legacies  and  Successions. 

For  legislation  establishing  an  additional  tax  upon  legacies  and  suc- 
cessions to  provide  funds  for  old  age  assistance,  see  1941,  729  §§  9A,  15. 

For  temporary  legislation  providing  for  additional  taxes  upon  legacies 
and  successions,  see  1935,  480;  1936,397;  1937,422;  1938,502;  1939, 
454  §§  20,  22;  1941,  416  §§  2,  3;  1943,  482  §§  2,  3,  4;  1945,  557  §§  2, 
3,  4;   1948,  503  §§  2,  4;  1949,  674  §  3;  1951,  386  §  3;  1953,  246  §  7. 

Sect.  1,  table  revised,  1933,  293;  1941,  415  §  1;  first  sentence  re- 
vised, 1941,  605  §  1;  amended,  1949,  792  §  1;  revised,  1950,  556; 
paragraph  added  after  table,  1949,  792  §  2.    (See  1941,  415  §  2,  605  §  2.) 

Sect.  3  amended,  1939,  380. 

Sect.  9,  first  sentence  revised,  1952,  445  §  1;  paragraph  added  at 
end,  1954,  595  §  1.    (See  1954,  595  §§  2,  3.) 


896  Changes  in  the  [Chaps.  65A-66. 

Sect.  11  amended,  1949,  749. 

Sect.  14  amended,  1953,  654  §  88. 

Sect.  15  revised,  1948,  543  §  1.    (See  1948,  543  §  2.) 

Sects.  24A-24F  added,  1933,  319  (providing  reciprocal  relations  in 
respect  to  death  taxes  upon  estates  of  non-resident  decedents). 

Sect.  25  amended,  1939,  451  §  34;  revised,  1939,  494  §  1;  1954, 
572  §  1. 

Sect.  26  amended,  1939,  451  §  35;  revised,  1939,  494  §  2;  amended, 
1953,  654  §  89;   revised,  1954,  572  §  2. 

Sect.  27  amended,  1953,  654  §  90. 

Sect.  32  amended,  1939,  451  §  36;  last  sentence  stricken  out,  1945, 
523  §  4. 

Chapter  65A.  —  Taxation  of  Transfers  of  Certain  Estates. 

Sect.  1,  paragraph  added  at  end,  1932,  284;  second  paragraph  revised, 
1933,  316  §  1;  section  amended,  1937,  420  §  1.  (See  1933,  316  §  2; 
1937.  420  §  4.) 

Sect.  5  stricken  out,  and  new  sections  5-5B  inserted,  1943,  519  §  1 
(providing  for  the  equitable  apportionment  in  certain  cases  of  estate 
taxes  and  the  collection  and  payment  thereof).     (See  1943,  519  §  2.) 
Sect.  5  revised,  1948,  605  §  1.     (See  1948,  605  §§  3,  4.) 
Sect.  5A  revised,  1948,  605  §  2.     (See  1948,  605  §§  3,  4.) 
Sect.  6  amended,  1937,  420  §  2;  last  sentence  revised,  1943,  471;  1945, 
529;  section  amended,  1953,  654  §  91.    (See  1937,  420  §  4.) 
Sect.  7  repealed,  1937,  420  §  3.     (See  1937,  420  §  4.) 

Chapter  65B.  —  Settlement  of  Disputes  respecting  the  Domicile  of  Dece- 
dents for  Death  Tax  Purposes. 

New  chapter  inserted,  1943,  428  §  1.     (See  1943,  428  §  3.) 

Sect.  3  amended,  1953,  654  §  92. 

Sect.  4,  paragraph  (a)  amended,  1953,  654  §  93. 

Chapter  66.  —  Public  Records. 

Sect.  1  amended,  1945,  580  §  7. 

Sect.  3  revised,  1936,  305;   1941,  662  §  1. 

Sect.  4  amended,  1950,  310. 

Sects.  5,  7  and  16  affected,  1941,  662  §  2. 

Sect.  8  amended,  1943,  128;  1949,  395  §  2.  (See  1949,  395  §  3; 
1950,  182,  350.) 

Sect.  8A  added,  1951,  56  (relative  to  the  destruction  of  certain 
records  by  city  and  town  clerks). 

Sect.  10  revised,  1948,  550  §  5. 

Sect.  13,  sentence  added  at  end,  1951,  200. 

Sect.  15  amended,  1939,  40. 

Sect.  16  revised,  1948,  550  §  6. 

Sect.  17A  added,  1941,  630  §  1  (making  records  relating  to  old  age 
assistance,  aid  to  dependent  children  and  aid  to  the  blind  confidential) ; 
revised,  1943,  169;  amended,  1945,  240  §  1;  revised,  1946,  67;  amended, 
1948,  202;  revised,  1948,  525;  amended,  1953,  342. 

Sect.  18  amended,  1945,  393  §  6. 


Chaps.  67-69.]  GENERAL   LaWS.  897 


Chapter  67.  —  Parishes  and  Religious  Societies. 

Sect.  7  revised,  1945,  28. 

Sect.  40  amended,  1952,  580. 

Sect.  55  added,  1953,  592  (to  provide  for  the  incorporation  of  churches, 
congregations,  parishes,  committees  and  other  rehgious  organizations 
under  the  jurisdiction  of  the  Orthodox  Church). 

Chapter  68.  —  Donations  and  Conveyances  for  Pious  and  Charitable  Uses. 

Sect.  10,  sentence  added  at  end,  1934,  238. 
Sect.  15  amended,  1946,  23;  repealed,  1954,  529  §  3. 
Sect.  17  added,  1954,  559  (relative  to  the  sohcitation  of  funds  for 
charitable  purposes). 

Chapter  69.  —  Powers  and  Duties  of  the  Department  of  Education. 

For  an  act  to  encourage  the  estabUshment  of  regional  and  consoli- 
dated public  schools  and  to  provide  financial  assistance  to  cities  and 
towns  in  the  construction  of  school  buildings,  see  1948,  645;  1949,  637; 
741. 

Sect.  4  revised,  1952,  585  §  8. 

Sect.  6  amended,  1932,  127  §  3. 

Sect.  7  amended,  1935,  275;  1937,  213,  327;  1938,  315;  revised, 
1938,  424;  amended,  1941,  351  §  6,  561;  revised,  1943,  403. 

Sect.  7A  added,  1946,  439  §  1  (extending  to  certain  members  of  the 
armed  forces,  and  to  veterans  of  World  War  II,  university  extension 
courses  free  of  charge);  revised,  1954,  627  §  20.  (See  1946,  439  §  2; 
1954,  627  §§  65,  67.) 

Sect.  7B  added,  1946,  548  §  1  (relative  to  higher  educational  oppor- 
tunities for  children  of  certain  deceased  members  or  former  members 
of  the  armed  forces);  first  paragraph  amended,  1948,  381;  second  para- 
graph amended,  1947,  399;  1948,  357;  section  revised,  1950,  758;  1951, 
747;  amended,  1952,  497;  first  paragraph  revised,  1954,  627  §  21. 
(See  1954,  627  §§  65,  67.) 

Sect.  8  amended,  1932,  127  §  4. 

Sect.  9,  442  §  1  amended,  1938. 

Sect.  9 A  added,  1938,  442  §  2  (further  regulating  education  in  the 
use  of  EngUsh  and  certain  other  subjects  adapted  to  fit  persons  for 
American  citizenship). 

Sect.  lOA  added,  1951,  693  (providing  for  the  advancement  of 
education  for  American  citizenship). 

Sect.  11  revised,  1939,  409  §  4.     (See  1939,  409  §§  1,  5.) 

Sect.  13  stricken  out  and  sections  13-13D  inserted,  1951,  673  §  1. 
(See  1951,  673  §  8.) 

Sect.  14  revised,  1951,  673  §  2. 

Sect.  15,  sentence  added  at  end,  1951,  673  §  3. 

Sect.  16  repealed,  1952,  345. 

Sects.  17  and  18  stricken  out  and  section  17  inserted,  1951,  673  §  4. 

Sect.  19  amended,  1943,  89  §  1;  revised,  1951,  673  §  5. 

Sect.  19A  added,  1943,  89  §  2  (requiring  reports  to  the  director  of 
the  division  of  the  blind  of  results  of  examinations  of  blind  persons). 

Sect.  19B  added,  1945,  554  (providing  for  examinations  by  ophthal- 
mologists of  certain  apphcants  for  aid  to  the  bUnd). 


898  Changes  in  the  [Chap.  70. 

Sects.  20-22  repealed,  1951,  673  §  6. 

Sect.  23  revised,  1943,  526;  first  paragraph  amended,  1947,  458; 
1951,  555;  paragraph  inserted  after  first  paragraph,  1951,  551;  para- 
graph added  at  end,  1945,  541  §  1. 

Sect.  23A  added,  1938,  28  (requiring  the  furnishing  of  information 
to  the  director  of  the  division  of  the  bhnd  by  certain  banks  and  other 
depositories). 

Sect.  23B  added,  1945,  541  §  2  (relative  to  granting  aid  or  assistance 
to  certain  blind  persons). 

Sect.  24A  added,  1953,  457  §  1  (providing  that  permits  to  operate 
vending  stands  in  public  buildings  be  granted  to  the  division  of  the 
bhnd).    (See  1953,  457  §  2.) 

Sect.  25  revised,  1935,  397. 

Sects.  25A-25E  added,  1938,  329  (regulating  the  raising  of  funds  for 
the  benefit  of  the  blind). 

Sect.  26,  first  sentence  amended,  1945,  524;  1951,  673  §  6A;  para- 
graph added  at  end,  1935,  286;  section  revised,  1952,  498  §  1. 

Sect.  26A  added,  1941,  630  §  2  (relative  to  information  concerning 
recipients  of  aid  to  the  bhnd). 

Sect.  28  revised,  1952,  498  §  2. 

Sect.  29  added,  1938,  313  (relative  to  instruction  in  lip  reading  for 
certain  school  children  whose  hearing  is  defective) . 

Sects.  29A  and  29B  added,  1954,  514  §  3  (relative  to  the  powers  and 
duties  of  the  division  of  special  education  for  mentally  retarded  chil- 
dren) . 

Sects.  30  and  31  added,  1943,  549  §  3,  under  caption  "Board  of  Col- 
legiate Authority"  (relative  to  approval  by  said  board  of  the  organiza- 
tion of  certain  educational  institutions  and  of  certain  amendments  to 
their  charters). 

Sect.  30,  sentence  inserted  after  fifth  sentence,  1953,  290. 

Sects.  32  and  33  added,  1951,  673  §  7  (relative  to  instruction  of  vis- 
ually handicapped  and  bhnd  children). 

Sect.  33,  sentence  added  at  end,  1952,  397. 


Chapter    70.  —  School    Funds    and    State    Aid    for    Public    Schools    (former 
title,  School  Funds  and  Other  State  Aid  for  Public  Schools). 

Chapter  stricken  out,  and  new  chapter  70  (with  new  title)  inserted,  1948, 
643  §  1.     (See  1948,  643  §  3;   645.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  70  as  so  inserted: 

Sect.  3 A  added,  1950,  703  (providing  state  reimbursement  for  cities 
and  towns  for  payment  to  certain  teachers). 

Sect.  3B  added,  1950,  774  (providing  state  reimbursement  for  towns 
forming  regional  school  districts) ;  sentence  added  at  end,  1953,  547  §  2. 

Sect.  3C  added,  1954,  514  §  4  (providing  for  reimbursement  of  cities 
and  towns  on  account  of  special  education  for  mentally  retarded  chil- 
dren). 

Sect.  4,  sentence  added  at  end,  1953,  547  §  1. 

Sect.  6  revised,  1951,  592  §  1.    (See  1951,  592  §  2.) 

Sect.  10,  sentence  added  at  end,  1950,  620. 


Chap.  71.]  GENERAL   LaWS.  899 


Chapter  71.  —  Public  Schools. 

Sect.  1  amended,  1953,  137. 

Sect.  2  amended,  1938,  246  §  1;  revised,  1949,  468;  1952,  282. 

Sect.  4  amended,  1953,  260. 

Sect.  5  repealed,  1948,  643  §  2.    (See  1948,  643  §  3.) 

Sect.  6,  second  and  third  sentences  of  first  paragraph  stricken  out, 
1947,  679  §  4. 

Sect.  7  amended,  1941,  590;  repealed,  1947,  679  §  5. 

Sect.  7A  added,  1947,  679  §  1  (providing  for  reimbursement  to  cities 
and  towns  for  certain  expenses  incurred  for  the  transportation  of  pupils) ; 
first  paragraph  revised,  1949,  754. 

Sects.  8  and  9  repealed,  1948,  643  §  2.    (See  1948,  643  §  3.) 

Sect.  13A  added,  1938,  241  (requiring  the  teaching  of  the  ItaUan 
language  in  certain  public  high  schools  in  certain  cases). 

Sect.  13B  added,  1939,  311  (relative  to  the  teaching  of  modern  lan- 
guages in  certain  public  high  schools). 

Sect.  13C  added,  1945,  402  (requiring  the  teaching  of  the  Polish 
language  in  certain  public  high  schools  in  certain  cases). 

Sect.  13D  added,  1948,  205  (providing  for  motor  vehicle  driving 
education  in  high  schools) ;  paragraph  added  at  end,  1954,  49. 

Sect.  13E  added,  1949,  99  (requiring  the  teaching  of  the  Lithuanian 
language  in  pubUc  schools  in  certain  cases). 

Sects.  14-16  stricken  out  and  section  14-161  inserted,  1949,  638  §  1 
(relative  to  the  formation  of  regional  school  districts).  (See  1949, 
638  §  2.) 

Sect.  14  revised,  1951,  331  §  1. 

Sect.  14A  amended,  1951,  331  §  2. 

Sect.  14B  amended,  1951,  331  §  3;  clause  (c)  revised,  1952,  471  §  1. 
(See  1952,  471  §  2.) 

Sect.  14C  added,  1954,  214  (authorizing  certain  towns  to  sell,  lease  or 
license  school  buildings  to  a  regional  school  district). 

Sect.  15,  first  paragraph  revised,  1951,  331  §  4. 

Sect.  16C  revised,  1952,  470. 

Sect.  16F.    See  1962,  601. 

Sect.  19  amended,  1939,  461  §  1. 

Sect.  20  revised,  1951,  680. 

Sect.  21  amended,  1945,  133  §  1. 

Sects.  26A-26F  added,  1946,  165  §  1  (providing  for  extended  school 
services  for  certain  children  of  certain  employed  mothers).  (See  1946, 
165  §§  2,  3.) 

Sect.  30A  added,  1935,  370  §  1  (requiring  that  an  oath  or  affirma- 
tion be  taken  and  subscribed  to  by  certain  professors,  instructors  and 
teachers  in  the  colleges,  universities  and  schools  of  the  commonwealth) ; 
sentence  added  at  end,  1948,  160  §  2.    (See  1935,  370  §§  2,  2A,  3.) 

Sect.  34  revised,  1939,  294. 

Sects.  34A  and  34B  added,  1943,  547  (requiring  persons  operating  or 
maintaining  educational  institutions  to  furnish,  upon  request,  certain 
transcripts  of  records). 

Sect.  34C  added,  1951,  67  (relative  to  granting  high  school  diplomas 
to  certain  students  who  enter  the  armed  forces);  revised,  1954,  91. 

Sects.  38A-38F  added,  1941,  676  §  2  (relative  to  occupational  guid- 
ance and  placement) .    (See  1 94 1 ,  646. ) 


900  Changes  in  the  [Chap.  71. 

Sbctt.  38G  added,  1951,  278  §  1  (to  establish  standards  of  certifica- 
tion of  teachers  in  the  public  schools);  first  two  paragraphs  stricken 
out  and  one  paragraph  inserted,  1952,  530;    revised,  1953,  264.     (See 

1951,  278  §  2.) 

Sect.  40  amended,  1941,  507;  1943,  494;  revised,  1945,  727  §  1;  two 
sentences  added  at  end,  1946,  527  §  1;  section  revised,  1949,  684;  first 
sentence  revised,  1951,  499;  1952,  69.  (See  1945,  727  §  2;  1946,  527 
§§  2,  3.) 

Sect.  41  revised,  1947,  597  §  1;  sentence  added  at  end,  1950,  283; 
section  revised,  1953,  372. 

Sect.  42  revised,  1934,  123;  first  sentence  revised,  1947,  597  §  2; 
sentence  inserted  after  second  sentence,  1953,  244;  sentence  inserted 
in  fine  27,  1946,  195. 

Sect.  42A  added,  1945,  330  (giving  certain  rights  to  school  principals 
and  supervisors  in  cases  of  demotion) ;  revised,  1953,  269. 

Sect.  42B  added,  1952,  545  (providing  for  tenure  of  teachers  and 
superintendents  in  regional  school  districts). 

Sect.  46  amended,  1941,  194  §  4;   revised,  1954,  514  §  5. 

Sect.  46A  amended,  1932,  159;  revised,  1945,  534;  1946,  357;  para- 
graph inserted  after  second  paragraph,  1953,  352;  stricken  out,  1954, 
296  §  2;  last  sentence  stricken  out  and  three  sentences  inserted,  1947, 
384. 

Sect.  46B  added,  1954,  296  §  1  (providing  for  reimbursement  of 
cities  and  towns  for  transportation  of  certain  handicapped  children  to 
special  schools). 

Sects.  46C  and  46D  added,  1954,  514  §  6  (relative  to  joinder  of 
cities  and  towns  for  the  purpose  of  conducting  special  classes  for  mentally 
retarded  children). 

Sect.  47  revised,  1935,  199;    1950,  658;    1951,  411  §  1;   amended, 

1952,  316  §  1;   revised,  1954,  271. 

Sect.  47 A  added,  1954,  220  (authorizing  school  committees  to  con- 
tract for  hire  of  athletic  coaches  for  periods  not  exceeding  three  years). 

Sect.  48A  amended,  1935,  47. 

Sect.  52  amended,  1932,  90. 

Sect.  53A,  sentence  added  at  end,  1950,  208  §  1.    (See  1950,  208  §  2.) 

Sect.  54  amended,  1938,  265  §  1;   1945,  133  §  2. 

Sect.  55  revised,  1938,  265  §  2;  amended,  1952,  89. 

Sect.  55A  added,  1938,  265  §  3  (relative  to  the  disposition  of  children 
showing  signs  of  ill  health  or  of  being  infected  with  a  dangerous  disease) . 

Sect.  55B  added,  1950,  732  §  1  (prohibiting  the  employment  in  schools 
of  certain  persons  suffering  from  tuberculosis  and  requiring  periodic 
examinations  of  school  employees);  eighth  sentence  stricken  out  and 
two  sentences  inserted,  1952,  469;   eighth  sentence  revised,  1954,  658. 

Sect.  56  revised,  1938,  265  §  4. 

Sect.  57  revised,  1943,  384;   1951,  502  §  1.    (See  1951,  502  §  2.) 

Sect.  58  amended,  1932,  127  §  8;  revised,  1935,  287;  repealed,  1945, 
543  §  1. 

Sect.  59A  added,  1952,  506  (providing  for  the  employment  of  a 
superintendent  of  schools  in  certain  small  towns) ;  revised,  1953,  557. 

Sect.  61  amended,  1951,  643  §  1;  revised,  1952,  108;  1953,  334. 
(See  1951,  643  §§  lA-3.) 

Sect.  63,  paragraph  added  at  end,  1945,  223  §  1.    (See  1945,  223  §  2.) 

Sects.  64  and  65  revised,  1949,  794. 


Chaps.  72-74.]  GENERAL   LaWS.  901 

Sect.  66,  paragraph  added  at  end,  1937,  281. 
Sect.  68  revised,  1934,  97  §  1.    (See  1934,  97  §  2.) 
Sect.  69  revised,  1935,  258. 
Sect.  71  amended,  1935,  193. 
Sect.  72.    See  1948,  548;  1949,  303. 

Sects.  75-79  added,  1948,  620  §  5  (providing  for  extended  courses 
of  instruction  on  junior  college  level  in  high  schools).    (See  1948,  620  §  6.) 

Chapter  72.  —  School  Registers  and  Returns. 

Sect.  3,  paragraph  in  lines  6-10  revised,  1939,  461  §  2. 
Sect.  8  amended,  1954,  231  §  1. 

Chapter  73.  —  State  Teachers  Colleges  and  Community  Colleges   (former 
title,  State  Teachers  Colleges). 

Title  changed,  1932.  127  §  9;   1948,  620  §  1. 

Sect.  1  amended,  1932,  127  §  10;  revised,  1948,  620  §  2;  1952, 
585  §  9;  amended,  1952,  618  §  1.    (See  1948,  620  §  6;  1952,  618  §§  4-12.) 

Sect.  1A  added,  1952,  499  §  1  (relative  to  the  increase  of  fees  and 
charges  for  services  rendered  by  the  department  of  education). 

Sect.  2  amended,  1932,  127  §  11. 

Sect.  2A  added,  1938,  246  §  2  (making  the  constitutions  of  the  United 
States  and  of  this  Commonwealth  required  subjects  of  instruction  in 
State  Teachers  Colleges). 

Sect.  3  amended,  1932,  127  §  12;  first  sentence  revised,  1952,  618  §  2. 
(See  1952,  618  §§  4-12.) 

Sect.  4  amended,  1932,  127  §  13. 

Sect.  4A  amended,  1932,  127  §  14;  sentence  added  at  end,  1952, 
618  §  3.    (See  1952,  618  §§  4-12.) 

Sect.  4B  added,  1954,  350  (regulating  the  dismissal  of  certain  teachers 
in  state  teachers  colleges). 

Sect.  5  amended,  1932,  127  §  15.  (Temporarily  affected,  1933,  233; 
1934,  130;   1935,  277.) 

Sect.  6  amended,  1932,  127  §  16. 

Sect.  7  amended,  1932,  127  §  17;  revised,  1935,  21;  1948,  620  §  3; 
sentence  added  at  end,  1950,  60.    (See  1948,  620  §  6.) 

Sects.  8  and  9  added,  1948,  620  §  4  (relative  to  the  establishment  of 
community  colleges  by  the  department  of  education  and  providing 
courses  therein).    (See  1948,  620  §  6.) 

Chapter  74.  —  Vocational  Education. 

Sect.  1  revised,  1938,  446  §  1;  amended,  1941,  617  §  1;  "State 
board"  defined,  1952,  630  §  2.    (See  1938,  446  §  14.) 

Sect.  2  amended,  1938,  44o  §  2;  revised,  1952,  630  §  3.  (See  1938, 
446  §  14.) 

Sect.  3  amended,  1938,  446  §  3.    (See  1938,  446  §  14.) 

Sect.  4  amended,  1938,  446  §  4.    (See  1938,  446  §  14.) 

Sect.  5  amended,  1952,  630  §  4. 

Sect.  5A  added,  1952,  471  §  3  (relative  to  the  establishment  of 
independent  distributive  occupations,  industrial,  agricultural  and  house- 
hold arts  schools  by  regional  school  districts).    (See  1952,  471  §  2.) 

Sect.  6  amended,  1938,  446  §  5;  1952,  630  §  5.    (See  1938,  446  §  14.) 


902  Changes  in  the  [Chap.  74. 

Sect.  7  amended,  1938,  446  §  6;  1952,  630  §  6.    (See  1938,  446  §  14.) 

Sect.  7A  amended,  1952,  630  §  7. 

Sect.  8  amended,  1952,  630  §  8. 

Sect.  8A  revised,  1937,  323;  paragraph  added  at  end,  1939,  308; 
section  revised,  1950,  622. 

Sect.  9  amended,  1938,  446  §  7;  1952,  471  §  4.    (See  1938,  446  §  14.) 

Sect.  11  amended,  1933,  102  §  2;   1941,  617  §  2.    (See  1933,  102  §  4.) 

Sect.  12  amended,  1952,  471  §  5. 

Sect.  13  amended,  1938,  446  §  8.    (See  1938,  446  §  14.) 

Sect.  14  revised,  1943,  540;  paragraph  added  at  end,  1952,  471  §  6. 

Sect.  14A  added,  1943,  540  (relative  to  federal  funds  for  vocational 
education) ;  amended,  1952,  630  §  9. 

Sect.  18  amended,  1952,  630  §  10. 

Sect.  19  revised,  1938,  446  §  9.  (See  1938,  446  §  14) ;  repealed,  1947, 
652  §  13. 

Sect.  20  revised,  1947,  652  §  9. 

Sect.  21  amended,  1938,  446  §  10;  1946,  552  §  2;  revised,  1947,  652 
§  10.    (See  1938,  446  §  14;   1946,  552  §§  4,  5.) 

Sect.  22  amended,  1938,  446  §  11;  revised,  1947,  652  §  11.  (See 
1938,  446  §  14.) 

Sect.  22A  amended,  1938,  446  §  12;  revised,  1947,  652  §  12.  (See 
1938,  446  §  14.) 

Sect.  22B,  first  paragraph  amended,  1948,  360. 

Sect.  22C  added,  1945,  561  (authorizing  the  division  of  the  bhnd  to 
use  federal  funds  available  in  a  program  of  rehabilitation  of  the  blind). 

Sect.  22D  added,  1946,  552  §  3  (providing  for  co-operation  by  the 
commonwealth  with  the  veterans'  administration  in  the  administration 
of  federal  laws  and  regulations  relating  to  the  rehabilitation  of  disabled 
veterans  of  World  War  II).    (See  1946,  552  §§  4,  5.) 

Sect.  22E  added,  1950,  206  (relative  to  tenure  of  teachers  elected  for 
vocational  education). 

Sect.  23.     See  1933,  102. 

Sect.  24A  added,  1947,  497  (relative  to  the  appointment  of  veterans 
as  teachers  in  state  aided  approved  vocational  schools). 

Sect.  28  revised,  1939,  501  §  6;  amended,  1945,  158  §  6. 

Sect.  30  amended,  1937,  41. 

Sect.  31 A  added,  1934,  65  (authorizing  the  trustees  of  the  Essex 
county  agricultural  school  to  pay  transportation  costs  of  certain  pupils 
attending  said  school);   amended,  1943,  42;   revised,  1954,  63. 

Sect.  42,  caption  preceding  section  changed,  1946,  257  §  9;  section 
revised,  1946,  257  §  1;  1947,  387;  amended,  1953,  488  §  1.  (See  1953, 
488  §  4.) 

Sect.  42A  added,  1953,  523  (authorizing  the  Bradford  Durfee  Techni- 
cal Institute  of  Fall  River  and  the  New  Bedford  Institute  of  Textiles 
and  Technology  to  grant  the  honorary  degree  of  master  of  science). 

Sect.  43  amended,  1946,  257  §  2. 

Sect.  44  amended,  1946,  257  §  3. 

Sect.  45  amended,  1946,  257  §  4. 

Sect.  46  amended,  1946,  257  §  5. 

Sect.  46A  amended,  1946,  257  §  6. 

Sect.  47E,  paragraph  added  at  end,  1935,  22;  section  revised,  1946, 
378;  second  paragraph  amended,  1949,  28;  section  revised,  1951,  202, 

Sect.  47G  revised,  1950,  772. 


Chaps.  75-76.]  GENERAL   LawS.  903 

Sects.  47-48  and  caption  preceding  section  47  stricken  out,  1953,  407 
§  2.    (See  1953,  407  §§  1,  8.) 

Sect.  49,  caption  preceding  section  changed,  1942,  1  §  3;  section 
amended,  1942,  1  §  5;  revised,  1946,  340;  1952,  499  §  2.  (See  1942,  1 
§9.) 

Sect.  49A  added,  1946,  340  (authorizing  the  board  of  commissioners 
of  the  Massachusetts  Maritime  Academy  to  grant  degrees). 

Sect.  53  revised,  1942,  1  §  6.    (See  1942,  1  §  9.) 

Sect.  54  added,  1949,  630  (providing  for  institutional  on-farm  train- 
ing for  veterans  of  World  War  11. 

Sect.  55  added,  1953,  581  (estabhshing  a  state  agency  for  surplus 
property). 


Chapter   75.  —  University   of   Massachusetts    (former   title,    Massachusetts 

State  College). 

Name  changed,  1947,  344  §  1. 

Sect.  1  revised,  1947,  344  §  6. 

Sect.  2  amended,  1947,  344  §  7. 

Sect.  4  amended,  1947,  344  §  8. 

Sect.  5  revised,  1935,  288;  amended,  1947,  344  §  9. 

Sect.  5A  added,  1939,  329  (authorizing  the  trustees  of  Massachusetts 
State  College  to  retain  and  manage  in  a  revolving  fund  receipts  from 
student  activities);   amended,  1947,  344  §  10;    revised,  1954,  400  §  3. 

Sect.  6  amended,  1935,  462  §  2;   1947,  344  §  11.    (See  1935,  462  §  1.) 

Sect.  7  amended,  1947,  344  §  12. 

Sect.  8  amended,  1945,  504;   1947,  344  §  13. 

Sect.  9,  caption  preceding  section  revised,  1947,  344  §  14;  section 
amended,  1947,  344  §  15. 

Sect.  10  amended,  1947,  344  §  16. 

Sect.  11  amended,  1947,  344  §  17. 

Sect.  13  revised,  1953,  538. 

Sect.  14  amended,  1947,  344  §  18. 

Sect.  15  amended,  1947,  344  §  19. 

Sect.  16  amended,  1947,  344  §  20. 

Sect.  16A  added,  1945,  586  (providing  for  the  establishment  at  the 
Massachusetts  Agricultural  Experiment  Station  of  a  diagnostic  labora- 
tory deahng  with  the  causes,  etc.,  of  diseases  of  domestic  animals); 
amended,  1947,  344  §  21;  revised,  1947,  471. 

Sect.  22  amended,  1947,  344  §  22. 

Sect.  24  amended,  1947,  344  §  23. 

Sect.  25  amended,  1947,  344  §  24. 

Sect.  26  amended,  1947,  344  §  25. 

Sect.  31  added,  1951,  524  (providing  for  scholarships  at  the  Uni- 
versity of  Massachusetts). 


Chapter  75A.  —  Lowell  Technological  Institute  of  Massachusetts. 
New  chapter  inserted,  1953,  407  §  3.     (See  1953,  407  §§  1,  7,  8.) 

Chapter  76.  —  School  Attendance. 

Sect.  1  revised,  1939,  461  §  3;  amended,  1941,  423;  1950,  400. 


904  Changes  in  the  [Chaps.  77-79. 

Sect.  2,  two  sentences  added  at  end,  1947,  241  §  1.    (See  1947,  241 

Sects.  7-10.    (See  1939,  454  §  21.) 
Sect.  7  amended,  1951,  579. 
Sect.  15  revised,  1938,  265  §  5. 


Chapter  77.  —  School  Offenders  and  County  Training  Schools. 

Sect.  1  revised,  1933,  295  §  1;  amended,  1943,  82. 
Sect.  3  revised,  1948,  573  §  1.    (See  1948,  573  §  7.) 
Sect.  4  revised,  1948,  573  §  2.    (See  1948,  573  §  7.) 
Sect.  5  revised,  1948,  573  §  3.    (See  1948,  573  §  7.) 
Sect.  10  revised,  1949,  593  §  5. 

Sect.  11  amended,  1948,  573  §  4.    (See  1948,  573  §  7.) 
Sect.  12  revised,  1948,  573  §  5.    (See  1948,  573  §§  6,  7.) 
Sect.  13  amended,  1954,  231  §  2. 
Sect.  14  amended,  1949,  594. 

Chapter  78.  —  Libraries. 

Sect.  4  revised,  1935,  202. 

Sect.  9  amended,  1952,  585  §  10. 

Sect.  11  revised,  1952,  585  §  16. 

Sect.  14,  caption  preceding  section  revised,  1952,  585  §  11;  section 
amended,  1952,  585  §  12. 

Sect.  15  amended,  1952,  585  §  13. 

Sect.  19  revised,  1952,  585  §  17. 

Sects.  22-31  added,  1948,  320  (providing  for  the  certification  of 
librarians). 

Sect.  22  amended,  1952,  585  §  14. 

Sect.  24  amended,  1952,  585  §  15. 

Sect.  26  revised,  1952,  585  §  18. 

Chapter  79.  —  Eminent  Domain. 

Sect.  3,  first  paragraph  amended,  1938,  172  §  6;  two  sentences  added 
at  end  of  first  paragraph,  1943,  251  §  1.    (See  1943,  251  §  4.) 

Sect.  5A  added,  1948,  180  (restricting  the  taking  by  eminent  domain 
of  ancient  landmarks  and  property  of  historical  or  antiquarian  interest). 

Sect.  5B  added,  1950,  532  (restricting  the  taking  by  eminent  domain 
of  property  used  for  agricultural  purposes). 

Sect.  8  amended,  1936,  187  §  1 ;  sentence  inserted  after  second  sen- 
tence, 1943,  251  §  2.    (See  1943,  251  §  4.) 

Sect.  9,  last  sentence  amended,  1938,  172  §  7. 

Sect.  12,  sentence  added  at  end,  1953,  634  §  1.    (See  1953,  634  §  2.) 

Sect.  15  repealed,  1936,  385  §  1.    (See  1936,  385  §  2.) 

Sect.  16  amended,  1936,  187  §2;  1938,  185;  revised,  1943,  95;  para- 
graph added  at  end,  1943,  251  §  3;  sentence  added  at  end,  1950,  230. 
(See  1943,  251  §  4.) 

Sect.  34  amended,  1952,  633. 

Sect.  44A  added,  1935,  189  (relative  to  certain  tax  liens  upon  real 
estate  taken  by  right  of  eminent  domain) ;  amended,  1936,  137. 


Chaps.  80,  81.]  GENERAL   LaWS.  905 


Chapter  80.  —  Betterments. 

Sect.  1  amended,  1933,  254  §  62.     (See  1933,  254  §  66.) 

Sect.  4  revised,  1933,  63  §  1. 

Sect.  5  amended,  1933,  157  §  2.     (See  1933,  157  §  3.) 

Sect.  10  revised,  1933,  147. 

Sect.  lOA  added,  1933,  157  §  1  (providing  that  failure  of  a  board  of 
officers  to  take  action  upon  a  petition  for  abatement  of  a  betterment 
assessment  shall,  for  the  purposes  of  appeal,  be  equivalent  to  refusal  to 
abate  the  assessment).     (See  1933,  157  §  3.) 

Sect.  12  revised,  1943,  252  §  1,  478  §  4;  sentence  added  at  end,  1947, 
116;   1953,  344. 

Sect.  13  amended,  1933,  63  §  2,  254  §  63;  revised,  1934,  315  §  1; 
last  sentence  stricken  out  and  new  paragraph  added,  1938,  489  §  1; 
first  sentence  of  section  amended,  1941,  595;  section  amended,  1954, 
286.    (See  1933,  254  §  66;   1934,  315  §  3;   1941,  724.) 

Sect.  13A  added,  1943,  252  §  2  (relative  to  the  time  within  which 
certain  betterment  and  other  assessments  on  unimproved  land  shall 
be  paid). 

Chapter  81.  —  State  Highways. 

For  legislation  providing  for  an  accelerated  highway  program,  see 
1949,  306. 

Sect.  3,  last  sentence  stricken  out  and  two  sentences  inserted,  1952, 
401. 

Sect.  5  revised,  1937,  218  §  1. 

Sect.  7A  added,  1937,  344  (granting  certain  powers  to  the  depart- 
ment of  pubhc  works  with  respect  to  certain  ways  connecting  with 
state  highways);  revised,  1948,  448;  sentence  inserted  before  last 
sentence,  1951,  453. 

Sect.  7B  added,  1941,  519  (giving  the  department  of  pubUc  works 
the  power  to  take  a  slope  easement,  so  called,  in  certain  cases). 

Sect.  7C  added,  1943,  397  (relative  to  limited  access  ways);  sentence 
added  at  end,  1949,  583;   1950,  829. 

Sect.  7D  added,  1948,  449  (authorizing  the  department  of  public 
works  to  grant  certain  easements  within  state  highway  locations). 

Sect.  7E  added,  1949,  764  (authorizing  the  department  of  pubUc 
works  to  sell  certain  land  or  rights  therein  which  it  has  acquired  for 
certain  purposes). 

Sect.  8  revised,  1936,  371;  amended,  1937,  218  §  2;  last  sentence 
revised,  1951,  532. 

Sect.  13  revised,  1952,  563  §  1;  third  sentence  amended,  1953,  354  §  1, 
(See  1952,  563  §  2;   1953,  354  §  2.) 

Sect.  13A  added,  1936,  342  (authorizing  the  department  of  pubhc 
works  to  accept  in  behalf  of  the  commonwealth  gifts  of  certain  ease- 
ments for  the  purpose  of  landscaping  along  state  highways,  and  to  do 
such  landscaping). 

Sect.  19,  last  four  sentences  stricken  out,  1933,  187  §  1.  (See  1933, 
187  §  2.) 

Sect.  20A  added,  1945,  539  (providing  for  the  illumination  of  haz- 
ardous locations  on  state  highways). 

Sect.  21  amended,  1948,  298;  first  sentence  revised,  1954,  219;  two 
sentences  added  at  end,  1950,  507. 


906  Changes  in  the  [Chaps.  82-85. 

Sect.  25,  first  sentence  amended,  1947,  454. 

Sect.  26  amended,  1934,  366;  first  paragraph  amended,  1949,  706  §  1; 
revised,  1951,  655  §  1;  paragraph  added  at  end,  1946,  523;  amended, 
1949,  706  §  2;   revised,  1954,  524.     (See  1951,  655  §  3.) 

Sect.  27  amended,  1939,  224. 

Sect.  29A  added,  1943,  416  (authorizing  the  department  of  public 
works  to  lay  out  and  alter  ways  other  than  state  highways  and  facilitat- 
ing the  securing  of  federal  aid  in  connection  therewith). 

Sect.  30,  first  sentence  revised,  1951,  520. 

Sect.  31  repealed,  1951,  655  §  2. 

Chapter  82.  —  The  Laying  Out,  Alteration,  Relocation  and  Discontinuance 
of  Public  Ways,  and  Specific  Repairs  Thereon. 

Sect.  7  amended,  1933,  283  §  2. 

Sect.  32B  added,  1933,  283  §  3  (authorizing  the  taking  of  easements 
of  slope,  so  called,  by  county,  city  or  town  officers  in  connection  with 
the  laying  out,  widening,  altering  or  relocating  of  public  ways). 

Sect.  34  amended,  1935,  309;    1941,  533. 

Chapter  83.  —  Sewers,  Drains  and  Sidewalks. 

Sect.  15A  added,  1948,  52  §  1  (authorizing  municipalities  to  redeter- 
mine from  time  to  time  the  fixed  uniform  rates  charged  to  abutters  for 
the  construction  of  sewers).    (See  1948,  52  §  2.) 

Sect.  19  revised,  1943,  252  §  4.    (See  1943,  252  §  6.) 

Sect.  27,  last  sentence  revised,  1943,  252  §  5. 

Sect.  29  added,  1943,  252  §  3  (relative  to  the  continuance  of  liens 
created  under  special  acts  in  connection  with  certain  betterment  and 
other  assessments). 

Chapter  84.  —  Repair  of  Ways  and  Bridges. 

Sect.  5A  added,  1945,  319  (authorizing  towns  to  enter  into  agree- 
ments for  the  removal  of  snow  and  ice  from  public  ways  in  adjoining 
towns,  etc.). 

Sect.  18  revised,  1933,  114  §  1. 

Sect.  19  amended,  1933,  114  §  2. 

Sect.  20  revised,  1933,  114  §  3;  amended,  1939,  147. 

Chapter  85.  —  Regulations  and  By-Laws  relative  to  Ways  and  Bridges. 

Sect.  2,  second  and  third  sentences  amended,  1947,  442  §  2;  section 
revised,  1951,  646  §  1. 

Sect.  2A  added,  1941,  346  §  2  (authorizing  the  department  of  pubUc 
works  to  remove  vehicles  from  state  highways  when  said  vehicles  inter- 
fere with  the  removal  of  snow  and  ice). 

Sect.  IIA  added,  1941,  710  §  1  (relative  to  the  registration  and  opera- 
tion of  certain  bicycles). 

Sects.  12-14  repealed,  1941,  710  §  2. 

Sect.  14B  added,  1938,  432  (requiring  the  use  of  certain  signal  Ughts 
at  locations  on  unUghted  ways  where  certain  vehicles  are  disabled); 
first  paragraph  amended,  1946,  375;  1953,  234  §  1;  second  paragraph 
amended,  1953,  234  §  2. 


Chaps.  87-90.]  GENERAL   LaWS.  907 

Sect.  17B  added,  1933,  43  (prohibiting  riding  upon  the  rear  or  on 
the  side  of  street  railway  cars  or  motor  buses  without  the  consent  of 
the  persons  in  charge  thereof) ;  revised,  1943,  322  §  2. 

Sect.  21A  added,  1951,  618  (authorizing  cities  and  towns  to  erect 
certain  signs  on  state  highways);  revised,  1952,  61. 

Sect.  25  amended,  1953,  319  §  10.    (See  1953,  319  §§  39,  40.) 

Sect.  30  amended,  1935,  30;  1938,  171  §  1;  first  sentence  amended, 
1946,  397  §  2;   1951,  568. 

Sect.  31  revised,  1938,  171  §  2. 

Sect.  36  added,  1951,  303  (providing  that  vehicles  driven  on  public 
ways  shall  be  so  constructed  or  loaded  as  to  prevent  the  contents  from 
dropping). 

Chapter  87.  —  Shade  Trees. 

Sect.  5  amended,  1941,  490  §  18;   1949,  761  §  12. 

Chapter  88.  —  Ferries,  Canals  and  Public  Landings. 

Sect.  19  revised,  1945,  442. 

Chapter  89.  —  Law  of  the  Road. 

Sect.  1  revised,  1951,  646  §  2. 

Sect  2  revised   1933  301 

Sect!  4  revised,'  1949,'  301  §  1;   1951,  646  §  3.    (See  1949,  301  §  2.) 

Sects.  4A  and  4B  added,  1952,  461  §  1  (relative  to  driving  vehicles 
on  ways  which  are  divided  into  lanes). 

Sect.  4B,  sentence  added  at  end,  1954,  304. 

Sect.  5  amended,  1936,  49;  1952,  461  §  2.     (See  1938,  149.) 

Sect.  7A  revised,  1952,  172. 

Sect.  7B  added,  1934,  382  (relative  to  the  appUcation  of  traffic  laws 
and  regulations  to  fire  apparatus  and  other  emergency  vehicles). 

Sect.  9  revised,  1948,  416. 

Chapter  90.  —  Motor  Vehicles  and  Aircraft. 

For  legislation  providing  for  an  accelerated  highway  program,  see 
1949,  306. 

For  legislation  exempting  certain  disabled  veterans  from  payment  of 
certain  motor  vehicle  excise  taxes  and  registration  fees,  see  1948,  368. 

Sect.  1,  "antique  motor  car"  defined,  1948,  432  §  1;  definition  of 
"dealer"  revised,  1948,  511  §  1;  "farmer"  defined,  1951,  736  §  1; 
"heavy  duty  platform  trailer"  defined,  1939,  354  §  1;  amended,  1941, 
30;  revised,  1945,  595  §  1;  "manufacturer"  defined,  1948,  511  §  2; 
definition  of  "motor  cycle"  revised,  1950,  321  §  1;  definition  of  "motor 
vehicles"  amended,  1932,  182;  1938,  36;  revised,  1948,  93;  1950,  321 
§  2;  definition  of  "non-resident"  revised,  1952,  266  §  1;  amended, 
1952,  566  §  1;  revised,  1953,  463  §  1;  "owner"  defined,  1952,  266  §  2; 
"owner-repairman"  defined,  1948,  511  §  3;  definition  of  "register  num- 
ber" revised,  1935,  43;  "repairman"  defined,  1948,  511  §  4;  revised, 
1951,  89;  1953,  378;  "school  bus"  defined,  1932,  271  §  1;  revised, 
1946,  91;  amended,  1947,  216  §  1;  revised,  1930,  502  §  1;  "semi- 
trailer" and  "semi-trailer  unit"  defined,  1933,  332  §  1;   "tractor"  de- 


908  Changes  in  the  [Chap.  90. 

fined  and  definition  of  "trailer"  revised,  1933,  322  §  2;  definition  of 
"trailer"  amended,  1939,  354  §  2;  revised,  1951,  578  §  1;  "transporter" 
defined,  1948,  511  §  5;  revised,  1950,  321  §  3.  (See  1932,  271  §  7; 
1933,  322  §  5;   1951,  578  §  2;   1951,  736  §  5;   1952,  566  §  2.) 

Sect.  1A  amended,  1933,  372  §  3;  1934,  264  §  2;  last  sentence  revised, 
1948,  572  §  1;    section  revised,  1950,  471;    paragraph  added  at  end, 

1950,  502  §  5.     (See  1948,  572  §  3.) 

Sect.  2,  first  paragraph  revised,  1950,  443;  amended,  1954,  305; 
fourth  paragraph  revised,  1932,  5;  seventh  paragraph  revised,  1939, 
436  §  1;  1949,  470,  644  §  3;  1952,  82;  amended,  1953,  225;  last  para- 
graph revised,  1933,  54:  amended,  1948,  94;  paragraph  added  at  end, 
1952,  554. 

Sect.  2A  added,  1953,  579  (providing  for  the  registration  of  motor 
vehicles  or  trailers  owned  by  minors). 

Sect.  3,  first  sentence  revised,  1933,  188;  section  revised,  1939,  325; 
first  sentence  amended,  1953,  463  §  2;  paragraph  inserted  after  second 
paragraph,  1953,  463  §  3;  paragraph  added  at  end,  1941,  282. 

Sect.  3A  amended,  1952,  125;  revised,  1953,  366  §  1. 

Sect.  3B  revised,  1953,  366  §  2. 

Sect.  3C  revised,  1937,  387. 

Sect.  3D,  first  sentence  revised,  1953,  366  §  3. 

Sect.  3G  added,  1945,  590  §  1  (relative  to  recovery  for  damage  caused 
by  motor  vehicles  of  non-residents) ;  three  sentences  added  at  end,  1952, 
77.     (See  1945,  590  §  2.) 

Sect.  5,  last  sentence  amended,  1947,  311;  section  revised,  1947, 
401  §  1;  1948,  511  §  6;  1949,  94;  1951,  736  §  2;  1952,  377  §  1.  (See 
1947,401  §3;  1951,736  §5.) 

Sect.  5A  added,  1943,  409  §  2  (relative  to  the  use  of  a  general  dis- 
tinguishing mark  or  number  on  all  motor  vehicles  under  the  control 
of  the  military  forces) ;  revised,  1948,  304. 

Sect.  6,  first  sentence  revised,  1939,  436  §  2. 

Sect.  6 A  added,  1948,  432  §  3  (providing  for  special  registration 
plates  for  antique  motor  cars). 

Sect.  6B  added,  1953,  2  §  2  (permitting  the  issuance  of  one  number 
plate  for  each  motor  vehicle).    (See  1953,  2  §§  1,  3.) 

Sect.  7  amended,  1932,  123  §  1;  1933,  51;  second  sentence  amended, 
1933,  109;  sentence  added  after  fourth  sentence,  1939,  153;  ninth 
sentence  revised,  1949,  260;  amended,  1951,  235;  sentence  inserted 
after  ninth  sentence,  1951,  370;  eleventh  sentence  revised,  1952,  253; 
sentence  added  at  end  of  first  paragraph,  1954,  570  §  1;  paragraph 
added  at  end  of  section,  1941,  443.    (See  1932,  123  §  2;  1954,  570  §  2.) 

Sect.  7A  revised,  1932,  41,  271  §  2.     (See  1932,  271  §  7.) 

Sect.  7B  added,  1932,  271  §  3  (prerequisites  to  operation  of  school 
bus).     (See  1932,  271  §  7.) 

Sects.  7A  and  7B  stricken  out,  and  new  sections  7A-7C  inserted, 
1945,  241  §  1.     (See  1945,  241  §  3.) 

Sect.  7A,  first  sentence  amended,  1950,  140;  first  sentence  stricken 
out  and  two  sentences  inserted,   1950,  525;    first  sentence  amended, 

1951,  416. 

Sect.  7B,  clause  (1)  revised,  1950,  502  §  2;  clause  (6)  inserted,  1950, 
459  §  1;  clause  (7)  inserted,  1951,  196  §  1.     (See  1950,  459  §  2.) 

Sect.  7C  revised,  1948,  307;  first  sentence  amended,  1951,  419  §  1; 
sentence  added  at  end,  1950,  502  §  3.     (See  1951,  419  §  2.) 


Chap.  90.]  GENERAL   LawS.  909 

Sect,  7D  added,  1947,  216  §  2  (making  certain  provisions  of  law 
relating  to  school  buses  applicable  to  certain  motor  vehicles  used  for 
the  transportation  of  school  children) ;  revised,  1950,  502  §  4. 

Sect.  7E  added,  1949,  266  (relative  to  the  display  of  red  lights  upon 
vehicles  owned  and  operated  by  firemen  and  certain  other  persons); 
first  sentence  revised,  1954,  306. 

Sect.  8  amended,  1934,  103;  1937,  284;  next  to  last  sentence  revised, 
1948,  399  §  1;  sentence  contained  in  Unes  19-22  (as  appearing  in  1937, 
284)  stricken  out,  1948,  619  §  1;  paragraph  added  at  end,  1950,  655. 
(See  1948,  399  §  3,  619  §§  2,  3.) 

Sect.  9  amended,  1934,  361;  1941,  283;  first  sentence  revised,  1952, 
244. 

Sect.  9A  revised,  1932,  168  §  1;  1935,  393  §  1;  1949,  358;  1952,  100. 
(See  1932,  168  §§  2,  3;  1935,  393  §  2.) 

Sect.  10  amended,  1935,  219;  second  sentence  revised,  1948,  130; 
paragraph  added  at  end,  1950,  139. 

Sect.  lOA  added,  1952,  126  (requiring  operators  of  trackless  trolleys 
to  be  licensed  to  operate  motor  vehicles);  paragraph  added  at  end, 
1952,  287  §  1;  section  repealed,  1953,  276.     (See  1952,  287  §  2). 

Sect.  11,  first  sentence  revised,  1952,  377  §  2;  sentence  added  at  end, 
1954,  446. 

Sect.  13,  two  sentences  inserted  after  second  sentence,  1950,  763; 
sentence  added  at  end,  1949,  707;  same  sentence  revised,  1950,  305. 

Sect.  14  amended,  1938,  166;  third  sentence  revised,  1947,  418; 
section  revised,  1948,  324;  third  sentence  revised,  1950,  502  §  6;  1951, 
196  §  2. 

Sect.  14A  added,  1949,  279  (providing  for  the  protection  of  blind 
persons  while  crossing  ways). 

Sect.  14B  added,  1951,  649  (providing  that  motor  vehicle  operators 
give  uniform  signals  on  all  ways) ;  paragraph  added  at  end,  1952,  321. 

Sect.  15  amended,  1932,  271  §  5;  1933,  26  §  1;  revised,  1951,  557. 
(See  1932,  271  §  7.) 

Sect.  17,  sentence  added  at  end,  1932,  271  §  4;  section  amended, 
1947,  406;   revised,  1948,  564  §  1.     (See  1932,  271  §  7.) 

Sect.  18  amended,  1945,  125;  revised,  1948,  564  §  2. 

Sect.  19,  last  sentence  revised,  1933,  332  §  3;  1935,  223  §  1;  section 
revised,  1935,  326  (but  see  1935,  465);  amended,  1936,  388  §  1;  revised, 
1941,  314;  first  sentence  amended,  1946,  380;  last  two  sentences 
amended,  1945,  595  §  4;  same  sentences  stricken  out  and  four  sentences 
inserted,  1946,  341;  paragraph  added  at  end,  1948,  394;  section  re- 
vised, 1951,  573.  (See  1933,  332  §  5;  1935,  223  §  2;  1936,  388  §  2.) 
Affected  by  1941,  589;   1951,  310. 

Sect.  19A  added,  1946,  397  §  1  (authorizing  certain  semi-trailer  units 
and  motor  vehicles  to  travel  upon  pubUc  ways  without  certain  permits) ; 
paragraph  added  at  end,  1951,  344,  617,  782;  last  paragraph  revised, 
1952.  408. 

Sect.  19B  added,  1951,  572  §  1  (relative  to  the  dimensions  of  motor 
buses).    (See  1951,  572  §  2.)    Affected,  1951,  310. 

Sect.  20,  first  sentence  revised,  1951,  567. 

Sect.  20A  added,  1934,  368  §  1  (providing  for  the  non-criminal  dispo- 
sition of  charges  for  violation  of  motor  vehicle  parking  rules,  regulations, 
orders,  ordinances  and  by-laws);  revised,  1935,  176;  first  paragraph 
revised,  1938,  201 ;  first  sentence  revised,  1952,  193  §  1 ;  fifth  sentence 


910  Changes  in  the  [Chap.  90. 

revised,  1952,  193  §  2;  amended,  1949,  425  §  1;  third  paragraph  revised, 
1949,  425  §  2;  amended,  1952,  98;  fifth  paragraph  revised,  1949,  425 
§  3;  sentence  added  at  end,  1951,  69;  section  revised,  1953,  249  §  1; 
paragraph  added  at  end,  1954,  302.  (See  1934,  368  §  2;  1949,  425  §  4; 
1953,  249  §§  2,  3.) 

Sect.  21  amended,  1936,  406;   1954,  669. 

Sect.  22,  two  paragraphs  added  at  end,  1933,  191;  first  sentence  (as 
appearing  in  1933,  191)  amended,  1941,  312. 

Sect.  22A  added,  1932,  304  §  1  (requiring  the  suspension  of  hcenses 
to  operate  motor  vehicles  issued  to  persons  who  do  not  satisfy  judg- 
ments in  motor  vehicle  accident  cases  involving  property  damage). 
(See  1932,  304  §  2.) 

Sect.  23,  first  paragraph  revised,  1954,  74;  paragraph  added  at  end, 
1933,  69. 

Sect.  24  amended,  1932,  26  §  1;  first  sentence  amended,  1936,  182 
§  1;  sentence  contained  in  fines  65-97  amended,  1935,  360;  paragraph 
added  at  end,  1936,  182  §  2;  section  revised,  1936,  434  §  1;  paragraph 
(1)  (a)  amended,  1938,  145;  paragraph  (1)  (c)  revised,  1939,  82;  para- 
graph (2)  (a)  amended,  1937,  230  §  1;  paragraph  (2)  (c)  amended,  1937, 
117.    (See  1937,  230  §  2.) 

Sect.  26  revised,  1953,  570  §  2. 

Sect.  27  amended,  1949,  115  §  2;  revised,  1953,  319  §  11;  first 
sentence  amended,  1953,  570  §  3.    (See  1953,  319  §§  39,  40.) 

Sect.  28  revised,  1950,  536. 

Sect.  29,  last  sentence  amended,  1932,  26  §  2;  section  amended, 
1935,  477  §  1;  second  sentence  revised,  1936,  391;  first  four  sentences 
revised,  1947,  508;  1949,  557;  sixth  sentence  amended,  1952,  15;  last 
two  sentences  revised,  1938,  146. 

Sect.  29A  added,  1953,  570  §  4  (relative  to  notice  by  police  officers 
and  certain  others  of  violations  of  the  motor  vehicle  laws). 

Sect.  31  revised,  1948,  201  §  2.    (See  1948,  201  §  4.) 

Sect.  32,  first  sentence  revised,  1953,  196. 

Sect.  32A,  paragraph  added  at  end,  1949,  321;  amended,  1954,  392; 
1951,  418. 

Sect.  32B  repealed,  1934,  209  §  2.    (See  1934,  209  §  3.) 

Sects.  32C-32F  added,  1934,  209  §  1  (further  regulating  the  business 
of  leasing  motor  vehicles  upon  a  mileage  basis).    (See  1934,  209  §  3.) 

Sect.  32G  added,  1953,  563  (relative  to  hcensing  of  persons  engaged 
in  the  business  of  giving  instruction  in  the  driving  of  motor  vehicles). 

Sect.  33,  first  four  paragraphs  stricken  out,  and  five  new  paragraphs 
inserted,  1932,  249  §  1 ;  third  paragraph  (as  appearing  in  1932,  249  §  1) 
revised,  1948,  572  §  2;  fourth  paragraph  (as  so  appearing)  amended, 
1933,  183  §  1;  revised,  1948,  584  §  2;  fifth  paragiaph  (as  so  appearing) 
revised,  1947,  666  §  3;  paragraph  in  fines  21-41  amended,  1932,  180 
§  12;  same  paragraph  stricken  out,  and  two  paragraphs  inserted,  1933, 
332  §  4 ;  two  paragraphs  so  inserted  stricken  out,  and  new  paragraph 
inserted,  1935,  409  §  1 ;  the  paragraph  so  inserted  amended,  1936,  380 
§  1;  subdivisions  (2)  and  (3)  of  the  paragraph  so  inserted  revised,  1937, 
377;  subdivision  (2)  of  said  paragraph  revised,  1945,  595  §  2;  subdivi- 
sion (3)  of  said  paragraph  amended,  1938,  430;  subdivision  (4)  of  said 
paragraph  amended,  1939,  354  §  3;  subdivision  (6)  of  said  paragraph 
amended,  1939,  354  §  4;  revised,  1945,  595  §  3;  last  sentence  revised, 
1947,  463;   sixth  paragraph  (inserted  by  1935,  409  §  1)  revised,  1951, 


Chap.  90.]  GENERAL   LaWS.  911 

630  §  1;  paragraph  inserted  after  subdivision  (6),  1948,  432  §  2;  para- 
graph in  lines  69-75  (as  appearing  in  the  Ter.  Ed.)  revised,  1948,  511 
§  7;  paragraph  inserted  after  "registrar"  in  hne  75  (as  appearing  in  the 
Ter.  Ed.)  1947,  401  §  2;  same  paragraph  revised,  1948,  511  §  7;  para- 
graph in  lines  85-87  (as  appearing  in  the  Ter.  Ed.)  revised,  1948,  399 
§  2;  619  §  2;  paragraph  inserted,  1950,  306;  last  paragraph  amended, 
1936,  401 ;  paragraph  added  at  end,  1949,  644  §  4;  section  revised,  1951, 
699  §  1;  paragraph  inserted  after  paragraph  numbered  (6),  1952,  173 
§  1;  fifteenth  paragraph  revised,  1951,  736  §  3;  twenty-fourth  para- 
graph revised,  1952,  459;  section  revised,  1952,  540;  third  paragraph 
revised,  1954,  241;  first  sentence  of  fifth  paragraph  revised,  1953,  304; 
sentence  inserted,  1953,  607.  (See  1932,  249  §  2;  1933,  183  §  2,  332  §  5; 
1935,  409  §  2;  1936,  380  §  2;  1947,  401  §  3;  666  §  4;  1948,  368;  399 
§  3;  572  §  3;  619  §  3;  1951,  630  §  2;  699  §  5;  736  §  5;  1952,  173  §  2.) 

Sect.  34,  four  words  stricken  out,  1933,  197  §  3;  first  paragraph 
amended,  1934,  364  §  1;  section  revised,  1943,  427  §  2.  (See  1934, 
364  §  3.) 

Sect.  34A,  paragraph  defining  "certificate"  revised,  1945,  384  §  1; 
amended,  1949,  571  §  1;  new  paragraph  (defining  "guest  occupant") 
added,  1935,  459  §  1;  paragraphs  defining  "motor  vehicle  Uability 
bond"  and  "motor  vehicle  habihty  pohcv"  revised,  1935,  459  §  2. 
(See  1935,  459  §  5;   1945,  384  §  3.) 

Sect.  34B,  second  paragraph  revised,  1933,  83  §  1;  1935,  302;  fourth 
paragraph  revised,  1933,  83  §  2;  fifth  paragraph  revised,  1949,  571  §  2. 
(See  1933,  83  §  3.) 

Sect.  34C  amended,  1932,  180  §  13;   1949,  571  §  3. 

Sect.  34D  revised,  1935,  459  §  3;  1949,  571  §  4;  last  sentence  re- 
vised, 1950,  162  §  3;   1954,  126  §  3.    (See  1935,  459  §  5.) 

Sect.  34E  revised,  1949,  571  §  5. 

Sect.  34F  revised,  1949,  571  §  6. 

Sect.  34H,  first  paragraph  amended,  1933,  119  §  4;  second  para- 
graph amended,  1948,  39;  new  paragraph  inserted,  1933,  119  §  5. 
(See  1933,  119  §  6.) 

Sect.  341  revised,  1949,  571  §  7. 

Sects.  35-43  and  44-50  inc.  (inserted  by  1935,  418  §  2,  as  amended)  and 
sect.  43A  (inserted  by  1938,  417  §  9)  stricken  out  and  new  sections  35-52 
inserted,  1939,  393  §  3  (further  revising  the  laws  relative  to  aviation).  (See 
1939,  393  §§  4-6.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  sections  35  to  52  as  so  inserted: 

Sect.  35,  paragraph  defining  "Airport"  amended,  1941,  537  §  1; 
paragraph  inserted  after  said  paragraph,  1941,  537  §  2;  paragraph  de- 
fining "Landing  field"  amended,  1941,  537  §  3;  two  paragraphs  added 
at  end,  1941,  537  §  4;  section  revised,  1946,  507;  "Navigable  Air 
Space"  defined,  1947,  292. 

Sects.  36-38  repealed,  1946,  583  §  2.  (See  G.  L.  6  §§  57-59.  See 
also  1946,  583  §§  1,  4.) 

Sect.  39,  first  paragraph  revised,  1941,  695  §  13;  section  revised, 
1946,  583  §  3;  first  paragraph  revised,  1948,  637  §  10.  (See  1946, 
583  §  5;   1948,  637  §§  4-9,  13;  663  §  4.) 

Sects.  39A-39F  added,  1946,  607  §  1  (relative  to  a  state  airport  plan). 

Sect.  39A,  paragraph  added  at  end,  1953,  524  §  1. 


912  Changes  in  the  [Chap.  90A. 

Sect,  39B,  paragraph  inserted  after  first  paragraph,  1948,  505. 

Sect.  39C  revised,  1949,  762  §  1.    (See  1949,  762  §  2.) 

Sect.  39D  repealed,  1948,  637  §  11.    (See  1948,  637  §§  4-9,  13.) 

Sect.  39F  revised,  1947,  593  §  4;  paragraph  added  at  end,  1953, 
524  §  2.    (See  1953,  524  §  3.) 

Sect.  39G  added,  1947,  593  §  5  (making  certain  provisions  of  law 
relating  to  airports  in  municipalities  applicable  to  airports  in  counties). 

Sect.  40  revised,  1946,  582  §  1;  paragraph  added  at  end,  1949,  60. 

Sects.  40A-40I  inserted,  1941,  537  §  5  (relative  to  protecting  the 
approaches  to  publicly  owned  airports). 

Sect.  40 A,  fifth  sentence  amended,  1950,  421. 

Sect.  41  revised,  1946,  582  §  2. 

Sect.  42  amended,  1941,  537  §  6. 

Sect.  43  revised,  1946,  582  §  3. 

Sect.  44  amended,  1941,  537  §  7. 

Sect.  45  amended,  1941,  537  §  8;  revised,  1947,  319. 

Sect.  49A  added,  1949,  115  §  1  (relative  to  court  records  of  cases 
involving  violations  of  aeronautical  laws,  rules  and  regulations); 
amended,  1953,  319  §  12.    (See  1953,  319  §§  39,  40.) 

Sects.  50A-50L  added,  1948,  637  §  3  (relative  to  the  management 
of  state-owned  airports).    (See  1948,  637  §§  4-9,  13;  663  §  4.) 

Sect.  50C,  paragraph  added  at  end,  1951,  672  §  1.  (See  1951,  672 
§§  2,  3.) 

Sect.  50D,  first  sentence  amended,  1949,  762  §  3. 

Sect.  50F,  sentence  added  at  end,  1948,  663  §  2;  third  paragraph 
revised,  1949,  763.    (See  1948,  663  §§  4,  5;   1949,  745  §  2.) 

Sect.  50H,  sentence  added  at  end,  1948,  663  §  3.  (See  1948,  663 
§§  4,  5.) 

Sect.  51  stricken  out,  1946,  613  §  1. 

Sects.  51A-51B  added,  1946,  582  §  4  (relative  to  the  supervision  of 
state  airports  by  airport  managers  and  to  the  leasing  thereof) ;  repealed, 
1948,  637  §  11.    (See  1948,  637  §§4-9, 13.) 

Sects.  51C-51L  added,  1946,  613  §  1  (relating  to  the  acquisition, 
establishment,  maintenance,  operation  and  regulation  of  airports  by 
the  commonwealth  and  the  cities  and  towns  thereof). 

Sect.  51C  repealed,  1948,  637  §  11.    (See  1948,  637  §§  4-9,  13.) 

Sect.  51E,  sentence  inserted  after  first  sentence,  1948,  481;  second 
and  third  sentences  revised,  1947,  70;  last  sentence  stricken  out  and 
five  sentences  inserted,  1947,  593  §  1. 

Sect.  51F  revised,  1949,  769  §  1. 

Sect.  51H  revised,  1949,  769  §  2. 

Sect.  511  revised,  1947,  593  §  2. 

Sect.  51K  revised,  1947,  593  §  3. 

Sect.  51M  added,  1947,  332  (prohibiting  the  granting  of  exclusive 
franchises  for  transportation  of  persons  at  airports  publicly  owned  or 
controlled,  or  constructed  wholly  or  partly  with  public  funds.) 

Sect.  51N  added,  1947,  501  (authorizing  municipalities  to  establish, 
maintain  and  operate  airports  as  joint  enterprises). 

Chapter  90A.  —  The  Highway  Safety  Act. 
New  Chapter  inserted,  1953,  570  §  1. 

Sect.  1  revised,  1954,  425. 


Chaps.  91-92.]  GENERAL   LaWS.  913 


Chapter  91.  —  Waterways. 

Sect.  9A  added,  1938,  407  §  2  (providing  a  method  for  the  develop- 
ment of  waterfront  terminal  facilities). 

Sect.  11,  first  sentence  revised,  1950,  516. 

Sect.  12A  added,  1939,  513  §  6  (hcensing  and  otherwise  regulating 
structures,  filhng  and  excavations  in  certain  rivers  and  streams). 

Sect.  16  amended,  1954,  568  §  3. 

Sect.  19A  added,  1954,  258  (regulating  the  lowering  of  waters  of  a 
great  pond). 

Sect.  27,  paragraph  added  at  end,  1937,  372  §  2;  sentence  added  at 
end,  1950,  768. 

Sect.  29  revised,  1950,  524. 

Sect.  30A  added,  1950,  214  (prohibiting  the  removal  of  certain 
natural  barriers  which  furnish  protection  against  erosion  by  the  sea). 

Sect.  46A  added,  1935,  362  §  1  (penalizing  the  unlicensed  breaking 
up  or  altering  of  vessels,  scows,  lighters  or  certain  other  structures). 

Sect.  49  revised,  1935,  362  §  2. 

Sects.  60-62  added,  1953,  666  §  2  (transferring  the  control  of  Salis- 
bury Beach  Reservation  to  the  division  of  public  beaches  in  the  de- 
partment of  pubhc  works). 

Sect.  61,  paragraph  added  at  end,  1954,  533. 

Chapter   91A.  —  Port   of   Boston    Commission    (formerly   entitled   Port   of 

Boston  Authority). 

New  chapter  inserted,  1945,  619  §  3.     (See  1945,  619  §§  4-11.) 

Sect.  1,  section  and  caption  preceding  it  revised,  1953,  608  §  5. 
(See  1953,  608  §§  13-16.) 

Sect.  2  revised,  1951,  457  §  1.    (See  1951,  457  §§  3,  4.) 

Sect.  3  amended,  1951,  457  §  2;  revised,  1953,  608  §  6.  (See  1951, 
457  §§  3,  4.) 

Sect.  4  amended,  1947,  413  §  1;   1953,  608  §  7. 

Sect.  5  amended,  1953,  608  §  8. 

Sect.  6  amended,  1953,  608  §  9. 

Sect.  7  amended,  1953,  608  §  10. 

Sect.  8  amended,  1953,  608  §  11;  repealed,  1954,  568  §  4. 

Sect.  9  amended,  1953,  608  §  12. 

Chapter  92.  —  Metropolitan  Sewers,  Water  and  Parks. 

For  legislation  aboUshing  the  MetropoUtan  District  Water  Supply 
Commission  and  transferring  its  functions  to  the  Metropolitan  District 
Commission,  see  1947,  583. 

Sect.  1  amended,  1946,  367  §  1;   1950,  648  §  1.    (See  1946,  367  §  2.) 

Sect.  8  amended,  1946,  432  §  5. 

Sect.  9 A  added,  1952,  559  §  1  (providing  for  the  construction  and 
operation  of  metropoHtan  refuse  disposal  incinerators);  first  sentence 
revised,  1954,  495  §  1.    (See  1952,  559  §§  2,  3;   1954,  495  §  2.) 

Sect.  10  revised,  1943,  543  §  1 ;  1945,  587  §  1 ;  paragraph  (2)  amended, 
1946,  549  §  1;  paragraph  (3)  amended,  1947,  575  §  1;  1949,  385  §  1; 
paragraph  (4)  amended,  1946,  549  §  2;  paragraph  (5),  sentence  added 
at  end,  1946,  549  §  3;  paragraph  (6)  revised,  1946,  549  §  4;  paragraph 


914  Changes  in  the  [Chap,  92. 

(10)  amended,  1946,  243,  549  §  5;  1953,  373;  paragraph  (12)  revised, 
1947,  575  §  2.  (See  1943,  543  §§  lA,  3;  1945,  587  §  5;  1947,  575  §§  3-6; 
1949  494.) 

Sect.  13  amended,  1950,  518  §  2. 

Sect.  17,  paragraph  added  at  end,  1945,  693  §  1. 

Sect.  26,  first  paragraph  revised,  1943,  543  §  2;  first  two  paragraphs 
revised,  1945,  587  §  2;  second  paragraph  amended,  1946,  432  §  6;  first 
two  paragraphs  revised,  1946,  549  §  6;  first  paragraph  stricken  out  and 
five  paragraphs  inserted,  1953,  618.    (See  1945,  587  §§4,  5.) 

Sects.  26A  and  26B  added,  1945,  587  §  3  (fixing  the  price  for  water 
furnished  to  municipaUties  by  the  metropohtan  water  district  and  pro- 
viding for  a  state  borrowing  to  ensure  the  maintenance  of  the  price  as 
fixed  and  providing  for  disposition  of  the  excess  in  the  metropohtan 
water  works  sinking  fund). 

Sect.  26A,  first  two  sentences  revised,  1946,  549  §  7. 

Sect.  43  amended,  1950,  518  §  3. 

Sect.  46  revised,  1948,  550  §  7. 

Sect.  48  amended,  1934,  266  §  1.    (See  1934,  266  §  4.) 

Sects.  55  and  56  stricken  out  and  section  55  inserted,  1949,  554  §  1. 

Sect.  56  revised,  1933,  197  §  1;  sentence  added  at  end,  1939,  429 
§  1;  section  stricken  out,  1949,  554  §  1.    (See  1939,  429  §§  2,  4.) 

Sect.  57  amended,  1933,  197  §  2;  1949,  554  §  2. 

Sect.  58  amended,  1946,  432  §  7. 

Sect.  59  amended,  1949,  554  §  3. 

Sect.  59A  added,  1945,  637  §  7  (relative  to  annual  assessments  upon 
municipaUties  of  the  metropohtan  districts  for  maintenance) ;  sentence 
added  at  end,  1946,  432  §  8.    (See  1945,  279.) 

Sect.  60  revised,  1939,  429  §  3;  last  sentence  revised,  1946,  432  §  9. 
(See  1939,  429  §  4.) 

Sect.  60A  added,  1937,  352  §  1  (regulating  the  making  and  award- 
ing of  certain  contracts  by  the  metropohtan  district  commission  and 
metropohtan  district  water  supply  commission);  repealed,  1941,  547  §  2. 
(See  1937,  352  §  2;   1941,  547  §  1.) 

Sect.  61,  first  sentence  revised,  1954,  162  §  2. 

Sect.  62  revised,  1938,  396;  amended,  1941,  658  §  1;  revised,  1950, 
730  §  1.    (See  1950,  730  §  2.)    (See  1941,  658  §  2.) 

Sect.  62A  added,  1937,  416  §  1  (providing  for  a  reserve  pohce  force 
for  the  metropolitan  district  commission);  revised,  1939,  441  §  1.  (See 
1937,  416  §  5;   1939,  441  §§  3,  5.) 

Sect.  62B  added,  1951,  612  (relative  to  compensation  for  Metro- 
pohtan district  pohce  for  overtime  service). 

Sect.  63  repealed,  1937,  416  §  2.    (See  1937,  416  §  5;  1939,  441  §  3.) 

Sect.  63B  added,  1948,  653  (providing  for  the  reimbursement  of 
metropohtan  district  pohce  officers  for  injuries  or  damages  sustained  by 
them  in  the  line  of  duty). 

Sect.  93  amended,  1934,  266  §  2.    (See  1934,  266  §  4.) 

Sect.  94  amended,  1934,  266  §  3.    (See  1934,  266  §  4.) 

Sect.  95A  added,  1950,  518  §  1  (relative  to  the  granting  of  permits 
by  the  metropohtan  district  commission  for  projections  over  property 
under  its  control).  » 

Sect.  99  repealed,  1947,  530. 

Sect.  100  revised,  1939,  499  §  7;  1945,  292  §  9.  (See  1945,  637  § 
8.) 


Chaps.  92A,  93.]  GENERAL  LaWS.  915 


Chapter  92A.  —  Massachusetts  Public  Building  Commission. 
New  chapter  inserted,  1947,  466  §  3.  (See  1947,  466  §§  4-6.) 

For  prior  temporary  legislation,  see  1933,  365,  368;  1934,  41;  1935, 
380;  1937,  338;  1938,  20,  501  §  3;  1939,  417,  418;  1941,  720  §  16; 
1943,  517  §  3. 

Chapter  repealed,  1953,  612  §  8.    (See  1953,  612  §§  10-13.) 

Chapter  93.  —  Regulation  of  Trade  and  Certain  Enterprises. 

Sect.  8,  sentence  added  at  end,  1938,  410  §  2. 

Sects.  14A-14D  added,  under  heading  "fair  trade",  1937,  398 
(protecting  trade  mark  owners,  distributors  and  the  pubHc  against  in- 
jurious and  uneconomic  practices  in  the  distribution  of  articles  of  stand- 
ard quahty  under  a  trade  mark,  brand  or  name). 

Sect.  14A  amended,  1939,  231. 

Sect.  14B  amended,  1939,  313. 

Sect.  140  revised,  1943,  40. 

Sects.  14E-14K  added,  under  heading  "unfair  sales",  1938,  410 
§  1  (defining  and  prohibiting  unfair  sales  practices,  with  a  view  to 
preventing  the  advertising  or  offering  for  sale,  or  the  selhng  below  cost, 
of  merchandise  for  the  purpose  of  injuring  competitors  or  destroying 
competition).    (See  1941,  715.) 

Sect.  14E,  paragraphs  (a)  and  (b)  amended,  1939,  189  §  1;  paragraph 
{h)  added  at  end,  1939,  189  §  2. 

Sect.  14F  revised,  1941,  494. 

Caption  immediately  preceding  section  21  amended,  1939,  343  §  3. 

Sect.  18A  added,  1953,  211  (requiring  laundries  and  dry  cleaning 
establishments  to  file  their  identification  markings  with  the  commis- 
sioner of  pubhc  safety). 

Sect.  21  amended,  1939,  343  §  1;   1941,  583  §  1;   1954,  257  §  1. 

Sects.  21A-21D  added,  1941,  583  §  2  (defining  and  further  regulating 
private  trade  schools). 

Sect.  21A  revised,  1954,  257  §  2. 

Sect.  21B  revised,  1952,  499  §  3;  amended,  1954,  257  §  3. 

Sect.  21C  amended  and  sentence  added  at  end,  1954,  681  §  6.  (See 
1954,  681  §§  20,  22.) 

Sect.  21D  amended,  1954,  257  §  4. 

Sect.  22  amended,  1939,  343  §  2;   1941,  583  §  3. 

Sect.  24  revised,  1949,  711  §  1. 

Sect.  24A  added,  1949,  711  §  2  (relative  to  licenses  for  the  conduct 
of  collection  agencies). 

Sects.  28A-28D  added,  under  heading  "regulating  closing  out 

SALES,  so  CALLED,  AND  SIMILAR  TYPES  OF  SALES ",   1938,    165. 

Sect.  28A  revised,  1939,  207;  1948,  550  §  8;  1950,  473;  1953,  164  §  1. 

Sect.  28B  stricken  out,  1953,  164  §  2. 

Sect.  28E  added,  1950,  511  (granting  to  the  superior  court  jurisdic- 
tion in  equity  to  restrain  certain  violations  of  the  law  regulating  closing 
out  sales). 

Sect.  29,  heading  and  section  amended,  1946,  612  §  3.  (See  1946, 
612  §§  5,  6.) 

Sect.  30  revised,  1945,  233. 

Sect.  30A  revised,  1946,  612  §  4. 


916  Changes  in  the  (Chap.  93. 

Sect.  34.  For  temporary  act  to  enable  savings  banks  and  certain 
other  banking  institutions  to  co-operate  in  the  distribution  of  United 
States  defense  savings  bonds  and  defense  postal  savings  stamps,  see 
1941,  221,  575. 

Chapter  94.  —  Inspection   and  Sale  of  Food,   Drugs  and  Various  Articles. 

Sect.  1,  paragraph  in  lines  128-132  (defining  "pasteurized  milk") 
revised,  1932,  158;  section  amended  in  part,  1933,  67  §§  1-5;  para- 
graph (defining  "milk  plant"  and  "manufactory")  added,  1933,  338 
§  1;  paragraph  in  hnes  30-36  (defining  "butter"  and  "cheese")  stricken 
out  and  new  paragraph  defining  "butter"  inserted,  1937,  335  §  1;  para- 
graph in  line  40  reading,  "cheese",  see  "butter",  stricken  out  and 
four  new  paragraphs  inserted,  1937,  335  §  2  (defining  cheese  and  cream 
cheese);  paragraph  (defining  "bakery")  amended,  1937,  362  §  1;  para- 
graphs in  lines  148-164  (defining  "agricultural  seeds"  or  "agricultural 
seed",  "noxious  weed  seeds"  and  "weed  seeds")  revised  and  definition 
of  "vegetable  seeds"  added,  1938,  363  §  1;  last  four  definitions  stricken 
out,  1946,  377  §  1;  paragraph  in  lines  177-181  revised,  1939,  196  §  1; 
five  paragraphs  (defining  "enriched  bread",  "enriched  flour",  "person", 
"rolls"  and  "white  bread")  added,  1948,  444  §  1;  paragraph  (defining 
"food")  revised,  1949,  334  §  9.    (See  1937,  362  §  7.) 

Sect.  6  amended,  1937,  362  §  2.    (See  1937,  362  §  7.) 

Sect.  7  amended,  1941,  490  §  19. 

Sect.  8  revised,  1937,  53. 

Sect.  9  amended,  1939,  261  §  6. 

Sects.  9A-9M  added,  1937,  362  §  3  (changing  the  position  in  the 
General  Laws  of  certain  provisions  of  law  relative  to  bakeries).  (For 
prior  legislation,  see  G.  L.  chap.  Ill  §§  34-43,  46-49,  repealed  by  1937, 
362  §  6.)    (See  1937,  362  §§  6,  7.) 

Sect.  10  amended,  1937,  362  §  4.   (See  1937,  362  §  7.) 

Sects.  lOA-lOE  stricken  out,  and  new  sections  lOA-lOG  (regulating 
the  manufacture,  bottling  and  sale  of  certain  non-alcohoUc  beverages) 
inserted,  1935,  441. 

Sect.  lOF  amended,  1941,  119. 

Sects.  lOH-lOK  added,  1948,  444  §  2  (relative  to  enrichment  of 
bread  and  flour). 

Sects.  12-48A.  For  temporary  legislation  estabUshing  within  the 
department  of  agriculture  a  milk  control  board,  and  defining  its  powers 
and  duties,  see  note  to  G.  L.  chapter  94A,  inserted  by  1941,  691  §  2. 

Sects.  13,  14,  14A  and  15  stricken  out,  and  new  sections  13-13E 
(relative  to  the  grading  of  milk)  inserted,  1933,  263  §  1.  (See  1933, 
263  §  3.) 

Sect.  13A  revised,  1948,  227. 

Sect.  16  stricken  out  and  sections  16-161  (regulating  the  production, 
sale  and  distribution  of  milk)  inserted,  1932,  305  §  3.  (See  1932,  305 
§§  5,  6.) 

Sect.  16C  amended,  1941,  374;  revised,  1946,  467. 

Sects.  16J-16L  added,  1946,  542  (relative  to  the  regulation  of  trans- 
portation, handling  and  sale  of  milk). 

Sect.  16K  revised,  1947,  379. 

Sect.  17A  amended,  1933,  124. 

Sect.  18  revised,  1933,  263  §  2.    (See  1933,  263  §  3.) 


Chap.  94.]  GENERAL   LaWS.  917 

Sect.  20  revised,  1939,  212. 

Sect.  29A  revised,  1933,  253;  1946,  447  §  1. 

Sect.  30  revised,  1933,  253;  1946,  447  §  2. 

Sect.  31  revised,  1933,  253;  1946,  447  §  3 

Sect.  40  amended,  1941,  298. 

Sect.  42A  stricken  out,  and  new  sections  42A-42K  (requiring  dealers 
in  milk  or  cream  to  be  licensed  and  bonded)  inserted,  1933,  338  §  2; 
affected,  1939,  421. 

Sect.  42A  amended,  1935,  126. 

Sect.  42F  revised,  1934,  180  §  1. 

Sect.  42H,  paragraph  2  revised,  1934,  180  §  2. 

Sect.  43  revised,  1932,  305  §  4;  amended,  1935,  88;  first  paragraph 
amended,  1936,  210.     (See  1932,  305  §§  5,  6.) 

Sect.  45  revised,  1935,  317;  1948,  550  §  9. 

Sect.  48B  added,  1935,  259  (requiring  institutions  supported  wholly 
or  in  part  by  funds  of  the  commonwealth  to  use  milk,  other  than 
cream  and  certified  milk,  produced  within  the  commonwealth). 

Sect.  48C  added,  1939,  317  (regulating  the  manufacture,  sale  and 
delivery  of  certain  milk  beverages,  so  called). 

Sect.  49,  sentence  added  at  end,  1948,  453  §  3. 

Sect.  50  amended,  1937,  335  §  3. 

Sect.  52  amended,  1948,  550  §  10;  revised,  1949,  297  §  2;  repealed, 
1954,  262. 

Sect.  54  amended,  1948,  453  §  1. 

Sects.  56  and  57  repealed,  1954,  262. 

Sect.  58  amended,  1948,  453  §  2. 

Sect.  60  revised,  1934,  373  §  2. 

Sect.  61A  added,  1937,  335  §  4  (relative  to  the  manufacture  and 
sale  of  certain  cheese). 

Sects.  64,  64A,  65,  65A,  65B,  65E  and  65F,  and  the  caption  of  said 
section  64,  stricken  out,  and  sections  65G-65S  inserted,  under  caption 
"frozen  desserts  and  ice  cream  mix",  1934,  373  §  1.  (See  1934,  373 
§8.) 

Sect.  65G,  definition  of  "Ice  Cream"  revised,  1950,  236;  definition 
of  "Stabilizer"  revised,  1954,  664  §  1;   "Sugar"  defined,  1954,  664  §  2. 

Sect.  65J,  second  paragraph  revised,  1937,  341  §  1. 

Sect.  65L,  subdivision  (c)  amended,  1937,  341  §  2. 

Sect.  65P,  paragraph  (/)  added  at  end,  1937,  341  §  3. 

Sect.  66A  added,  1945,  109  (making  certain  laws  relative  to  cold 
storage  warehouses  inapplicable  to  locker  plants,  so  called). 

Sect. '74  revised,  1933,  329  §  5;  repealed,  1941,  598  §  2. 

Sect.  74A  added,  1933,  329  §  6  (definition  of  "fish");  repealed,  1941, 
598  §  2. 

Sects.  75  and  76  repealed,  1933,  329  §  7. 

Sect.  77,  first  sentence  stricken  out,  1933,  329  §  8;  repealed,  1941, 
598  §  2. 

Sect.  77 A  added,  1934,  216  (regulating  the  importation  of  fresh 
swordfish). 

Sect.  78  revised,  1933,  329  §  9;  repealed,  1941,  598  §  2. 

Sect.  78A  added,  1933,  329  §  10  (prohibiting  certain  misrepresen- 
tations in  the  sale  of  lobsters) ;  repealed,  1941,  598  §  2. 

Sect.  79  repealed,  1933,  329  §  7. 

Sect.  80  repealed,  1941,  598  §  2. 


918  Changes  in  the  [Chap.  94. 

Sect.  81  revised,  1933,  329  §  11;  1939,  491  §  10;  repealed,  1941, 
598  §  2.    (See  1939,  491  §  12.) 

Sect.  82  repealed,  1941,  598  §  2. 

Sect.  83  revised,  1933,  329  §  12;  repealed,  1941,  598  §  2. 

Sect.  85  amended,  1939,  261  §  7. 

Sect.  88A  revised,  1933,  329  §  13;  repealed,  1941,  598  §  2. 

Sect.  88B  added,  1936,  176  (requiring  that  shucked  scallops  and 
quahaugs  in  the  shell  be  sold  only  by  weight). 

Sect.  90A  added,  1935,  369  (relative  to  the  sale  and  distribution  of 
eggs). 

Sect.  90B  added,  1938,  404  (establishing  standard  sizes  in  connec- 
tion with  the  sale  and  distribution  of  eggs);  revised,  1951,  266. 

Sect.  92B  added,  under  caption  "meats  and  poultry",  1935,  97 
(requiring  the  retail  sale  of  meats  and  poultry  to  be  by  weight). 

Sect.  98  amended,  1939,  261  §  8. 

Sect.  99A  amended,  1939,  261  §  9;  sentence  inserted  after  fourth 
sentence,  1952,  121. 

Sect.  117A,  first  sentence  amended,  1951,  600  §  1.  (See  1951, 
600  §  3.) 

Sects.  117G-117L  added,  1951,  600  §  2  (relative  to  the  grading  and 
marking  of  potatoes).    (See  1951,  600  §  3.) 

Sect.  118  amended,  1943,  332  §  1. 

Sect.  119  amended,  1943,  332  §  2;  1949,  334  §  1. 

Sect.  120  amended,  1943,  332  §  3;  revised,  1949,  334  §  2. 

Sect.  120A  amended,  1943,  332  §  4;  revised,  1949,  334  §  3. 

Sect.  123  amended,  1932,  180  §  15;   1943,  332  §  5. 

Sect.  124  revised,  1943,  508  §  1. 

Sect.  126  amended,  1946,  213  §  1. 

Sect.  128  amended,  1946,  213  §  2. 

Sect.  129  revised,  1946,  213  §  3;  amended,  1949,  334  §  4. 

Sect.  130  amended,  1946,  213  §  4;   1949,  334  §  5. 

Sect.  131  revised,  1943,  332  §  6;  1949,  334  §  6;  first  paragraph 
amended,  1952,  201;  paragraph  added  at  end,  1950,  317. 

Sect.  132  amended,  1949,  334  §  7. 

Sect.  133  amended,  1943,  332  §  7;    1946,  213  §  5. 

Sect.  133A  added,  1946,  213  §  6  (further  regulating  the  slaughtering 
of  certain  animals). 

Sect.  134  amended,  1946,  213  §  7. 

Sect.  135  amended,  1943,  332  §  8. 

Sect.  137  amended,  1949,  334  §  8. 

Sect.  138  amended,  1943,  508  §  2. 

Sect.  139  amended,  1946,  213  §  8. 

Sect.  139A  added,  1945,  679  (relative  to  the  estabUshment  and  oper- 
ation of  poultry  slaughtering  houses) ;  last  paragraph  revised,  1948,  339. 

Sect.  146,  first  paragraph  amended,  1934,  340  §  6;  1943,  508  §  3; 
second  paragraph  amended,  1952,  387.     (See  1934,  340  §  18.) 

Sect.  148,  second  paragraph  amended,  1934,  340  §  6A.  (See  1934, 
340  §  18.) 

Sect.  151  revised,  1943,  508  §  4. 

Sect.  151A  added,  1948,  189  (regulating  the  sale  of  horse  meat  for 
food  in  certain  places) ;  revised,  1953,  136. 

Sects.  152A-152C  added,  1934,  296  (relative  to  the  sale  and  trans- 
portation of  poultry). 


Chap.  94.]  GENERAL   LaWS.  919 

Sect.  152A  amended,  1935,  157  §  1;   1949,  446  §  1. 

Sect.  152B  revised,  1935,  157  §  2. 

Sect.  152D  added,  1949,  446  §  2  (relative  to  the  bonding  of  licensees 
engaged  in  the  business  of  buying  or  seUing  poultry). 

Sect.  153A  added,  1933,  116  (relative  to  the  sale  of  meat  and  meat 
products  containing  certain  preservatives) ;  revised,  1933,311;  1945,  165. 

Sect.  172  revised,  1939,  122. 

Sect.  174A  added,  1945,  92  §  1  (fixing  standard  weights  of  containers 
for  certain  flours,  etc.) ;  revised,  1946,  92. 

Sect.  175  repealed,  1945,  92  §  2. 

Sect.  177  revised,  1946,  176. 

Sect.  181  amended,  1939,  261  §  10. 

Sect.  182  amended,  1939,  261  §  11. 

Sect.  184  amended,  1939,  261  §  12. 

Sect.  185A  repealed,  1937,  341  §  4. 

Sect.  186  revised.  1948,  598  §  1. 

Sect.  187  revised,  1948,  598  §  2;  paragraph  in  lines  65-67  revised, 
1954,  577  §  1;  definitions  of  "Oral  prescription",  "Written  prescrip- 
tion" and  "Pharmacist"  inserted,  1954,  577  §  2. 

Sect.  187A  added,  1948,  598  §  3  (further  regulating  the  sale  of  certain 
harmful  drugs);  revised,  1954,  577  §  3.     (See  1954,  577  §  4.) 

Sect.  189,  first  sentence  amended,  1948,  598  §  4. 

Sect.  189A  added,  1948,  598  §  5  (relative  to  the  adulteration  or 
misbranding  of  food  and  drugs). 

Sect.  192  revised,  1948,  598  §  6. 

Sect.  193  revised,  1948,  598  §  7. 

Sect.  196  repealed,  1948,  598  §  8. 

Sect.  197,  paragraph  in  fines  10-15  revised,  1935,  412  §  1;  amended, 
1943,  305  §  1 ;  fourth  paragraph  revised,  1943,  305  §  2. 

Sect.  198  amended,  1935,  412  §  2;  sixth  sentence  revised,  1948,  473. 

Sects.  198A  and  198B  added,  1935,  412  §  3  (relative  to  the  hcensing 
of  certain  dealings  in  narcotic  drugs). 

Sect.  201  amended,  1935,  412  §  4. 

Sect.  203  amended,  1935,  412  §  5. 

Sect.  206  amended,  1935,  412  §  6. 

Sect.  209  revised,  1945,  509;   1954,  226  §  1. 

Sect.  209A  revised,  1954,  226  §  2. 

Sect.  211  amended,  1935,  412  §  7;  revised,  1938,  321  §  1. 

Sect.  212  amended,  1938,  321  §  2;    1951,  575. 

Sect.  212A  added,  1938,  321  §  3  (providing  for  the  arrest  without 
a  warrant  and  punishment  of  a  person  present  where  a  narcotic  drug 
is  unlawfully  kept  or  deposited). 

Sect.  214  amended,  1935,  412  §  8;   1943,  357. 

Sect.  215  amended,  1935,  412  §  9. 

Sect.  217  amended,  1935,  412  §  10. 

Sect.  225,  paragraph  added  at  end,  1939,  69. 

Sect.  239A  amended,  1939,  261  §  13. 

Sect.  244  amended,  1941,  155  §  1. 

Sect.  245  revised,  1933,  94  §  2;  amended,  1939,  261  §  13A;  revised, 
1941,  155  §  2. 

Sect.  246  revised,  1941,  155  §  4. 

Sect.  248  amended,  1934,  184;  1939,  261  §  14;  revised,  1943,  241  §  1; 
amended,  1946,  222;  revised,  1952,  99. 


920  Changes  in  the  [Chap.  94. 

Sect.  249A  amended,  1939,  261  §  15. 

Sect.  249B  amended,  1939,  261  §  16. 

Sect.  249E  revised,  1943,  241  §  2. 

Sect.  249E3^  added,  1943,  241  §  3  (relative  to  the  allowable  amount 
of  non-combustible  residue  of  coal  and  coke). 

Sect.  249F  amended,  1939,  261  §  17;   1943,  241  §  4. 

Sect.  249G  added,  under  caption  "material  for  road  construc- 
tion", 1933,  94  §  1  (authorizing  certain  officers  to  direct  the  weighing 
of  material  for  road  construction) ;  amended,  1939,261  §  17A;  repealed, 
1941,  155  §  3. 

Sect.  250  revised,  1933,  67  §  6. 

Sect.  252  amended,  1933,  67  §  7. 

Sect.  254  amended,  1933,  67  §  8. 

Sect.  255  amended,  1933,  67  §  9. 

Sect.  256  revised,  1933,  67  §  10. 

Sect.  257  revised,  1933,  67  §  11. 

Sect.  258  revised,  1933,  67  §  12. 

Sects.  261A-261L,  as  amended,  stricken  out,  and  new  sections  261A-261K 
inserted,  1946,  377  §  2. 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

Sect.  270,  paragraph  added  at  end,  1937,  176. 

Sects.  270A  and  270B  added,  1935,  439  (providing  for  the  steriUza- 
tion  of  feathers,  down  and  second-hand  material  intended  for  use  in 
the  manufacture  of  any  article  of  bedding  or  of  upholstered  furniture). 

Sect.  270C  added,  1939,  196  §  2  (relative  to  the  marldng  of  certain 
articles  of  bedding  and  upholstered  furniture  consisting  in  whole  or  in 
part  of  second-hand  metal). 

Sect.  270D  added,  1939,  351  (further  regulating  the  sale  within  the 
commonwealth  of  articles  of  bedding  and  upholstered  furniture);  re- 
pealed, 1941,  57. 

Sect.  276  amended,  1939,  196  §  3. 

Sect.  277A  added,  1941,  422  (requiring  the  marking  or  labelling  of 
furs,  imitation  furs  and  articles  made  therefrom,  and  prohibiting  mis- 
representation in  such  marks  or  labels). 

Sect.  283  amended,  1939,  261  §  17B. 

Sect.  285  revised,  1950,  110  §  1. 

Sect.  286  revised,  1950,  110  §  2. 

Sect.  287  revised,  1950,  110  §  3. 

Sect.  288  revised,  1950,  110  §  4. 

Sect.  295A  added,  under  heading  "petroleum  products",  1933, 
228  (relative  to  prevention  of  fraud  and  misrepresentation  in  the  sale 
of  gasoline,  lubricating  oils  and  other  motor  fuels,  and  to  prevention  of 
the  adulteration  thereof). 

Sects.  295B  and  295C  added,  1938,  411  (prohibiting  and  penahzing 
the  use  of  misleading  signs  relating  to  the  price  of  gasoline  and  other 
motor  fuel). 

Sect.  295C  revised,  1939,  218. 

Sects.  295A-295C  stricken  out,  and  new  sections  295A-2950  in- 
serted, 1939,  459  §  1  (further  regulating  the  advertising  and  sale  of 
motor  fuel  at  retail).    (See  1939,  459  §  3.) 

Sect.  295A  amended  and  paragraph  (6)  inserted,  1950,  515  §  1. 

Sect.  295B,  first  paragraph  amended,  1950,  497. 


Chaps.  94A-96.]  GENERAL   LaWS.  921 

Sect.  295G  revised,  1941,  311;  paragraph  added  at  end,  1950,  496. 

Sects.  295P-295W  added,  1950,  515  §  2  (to  prevent  unfair  discrimina- 
tion, competition  and  destructive  trade  practices  in  the  retail  sale  of 
motor  fuel). 

Sect.  298  amended,  1934,  109  §  1. 

Sect.  299  amended,  1934,  109  §  2. 

Sects.  303A-303E  added,  under  caption  "methyl  or  wood  alco- 
hol", 1934,  372  §  3  (relative  to  such  alcohol  and  to  certain  preparations 
containing  such  alcohol). 

Sect.  303A  amended,  1935,  342;   1936,  53. 

Sect.  303B  amended,  1937,  177  §  1. 

Sect.  303C  revised,  1937,  177  §  2. 

Sect.  303F  added,  under  caption  "fuel  oils",  1935,  95  (regulating 
the  sale  of  fuel  oils);  amended,  1952,  107. 

Sect.  305A  amended,  1937,  362  §  5.    (See  1937,  362  §  7.) 

Chapter  94A.  —  Milk  Control. 
New  chapter  inserted,  1941,  691  §  2.     (See  1941,  691  §§  3-6.) 

For  prior  temporary  legislation  estabhshing  within  the  department 
of  agriculture  a  milk  control  board,  and  defining  its  powers  and  duties, 
see  1934,  376;  term  of  office  of  said  board  extended,  1936,  300;  1938, 
334;  1939,  413;  1941,  418  §  1;  631  §  1;  legislation  amended,  1937, 
428;   1938,  279;   1939,  302. 

Sect.  1,  paragraph  defining  "Board"  stricken  out  and  definition  of 
"Commission"  inserted,  1953,  604  §  2. 

Sects.  2-11  amended,  1953,  604  §  3. 

Sect.  12  revised,  1950,  756;  amended,  1953,  604  §  4. 

Sect.  12A  added,  1943,  445  (defining  the  powers  and  duties  of  the 
milk  control  board  in  case  of  a  failure  to  pay  the  official  minimum  price 
for  the  sale  or  delivery  of  milk) ;  amended,  1953,  604  §  3. 

Sect.  13,  subsections  (e)  and  (J)  added  at  end,  1945,  134  (relative  to 
the  furnishing  to  the  milk  control  board  of  certain  information  by 
licensed  milk  dealers);  first  paragraph  of  subsection  (e)  revised,  1946, 
312;  amended,  1953,  604  §  3.    (See  1945,  409.) 

Sects.  14-21  amended,  1953,  604  §  3. 

Sect.  21,  fourth  sentence  revised  and  seventh  sentence  stricken  out, 
1954,  681  §  7.     (See  1954,  681  §§  20-22.) 

Sect.  22  revised,  1943,  164;  amended,  1953,  604  §  5. 

Sect.  22A  added,  1943,  147  (in  aid  of  the  construction  and  enforce- 
ment of  the  state  milk  control  law,  so  called). 

Sect.  24  amended,  1953,  604  §  3. 

Chapter  95.  —  Measuring  of  Leather. 

Sect.  1  amended,  1939,  261  §  18. 

Chapter  96.  —  Measurement  of  Lumber. 

Sect.  UA  added,  1945,  145  (adopting  the  international  log  rule  as 
standard  for  determining  the  board  feet  content  of  saw  logs). 


922  Changes  in  the  [Chaps.  97-101. 


Chapter  97.  —  Surveying  of  Land. 

Sects.  8-13  added,  1941,  47  (defining  and  authorizing  the  use  of  a 
system  of  plane  co-ordinates  for  designating  and  stating  positions  of 
points  on  the  surface  of  the  earth  within  the  commonwealth). 

Chapter  98.  —  Weights  and  Measures. 

Sect.  1  amended,  1939,  261  §  19. 

Sect.  12,  second  paragraph  revised,  1948,  373. 

Sect.  14A  amended,  1936,  73. 

Sect.  15  revised,  1953,  259  §  1.    (See  1953,  259  §  2.) 

Sect.  20  amended,  1934,  373  §  3. 

Sect.  21  amended,  1934,  373  §  4. 

Sect.  22  amended,  1939,  261  §  19 A;  revised,  1941,  59;  amended, 
1953,  86. 

Sect.  28A  added,  1950,  425  (regulating  the  sealing  and  testing  of 
meters  used  for  measuring  liquefied  petroleum  gas). 

Sect.  29,  paragraph  added  at  end,  1945,  273. 

Sect.  30  repealed,  1935,  60  §  2. 

Sect.  32  amended,  1935,  60  §  3. 

Sect.  37  amended,  1936,  72. 

Sect.  41  amended,  1941,  462. 

Sect.  56,  paragraph  (63^)  added,  1934,  98  (establishing  fees  for  seal- 
ing certain  liquid-measuring  meters);  section  revised,  1937,  74;  para- 
graph (h}/Q  added,  1937,  305  §  1;  section  revised,  1949,  34  §  1.  (See 
1937,  305  §  2;   1949,  34  §  2.) 

Sect.  56A  added,  1941,  60  (relative  to  the  location  of  scales  and  other 
weighing  devices  used  in  weighing  food  sold  at  retail  by  weight). 

Chapter  99.  —  The  Metric  System  of  Weights  and  Measures. 

Sect.  1  amended,  1939,  261  §  20. 
Sect.  3  amended,  1939,  261  §  21. 
Sect.  4  amended,  1939,  261  §  22. 

Chapter  100.  —  Auctioneers. 

Sect.  1,  paragraph  added  at  end,  1936,  209  §  1. 

Sect.  2  revised,  1941,  81;   1948,  550  §  11;   1949,  297  §  3. 

Sect.  5  amended,  1932,  156  §  1. 

Sect.  6  revised,  1948,  550  §  12;   1949,  297  §  4. 

Sect.  14  revised,  1932,  156  §  2;   1948,  550  §  13;   1949,  297  §  5. 

Sect.  16  revised,  1932,  156  §  3. 

Sects.  18-21  added,  1936,  209  §  2  (relative  to  bankruptcy  auctions 
and  other  auctions  of  similar  type  and  relative  to  certain  fraudulent 
practices  at  auctions). 

Sect.  18  revised,  1948,  550  §  14;   1949,  297  §  6. 

Chapter  101.  — Transient  Vendors,  Hawkers  and  Pedlers. 

Sect.    1,  second  paragraph  revised,   1936,  218;    section  amended, 
1941,  490  §  21. 
Sect.  2  amended,  1948,  372. 


Chaps.  102-107.]  GENERAL  LawS.  923 

Sect.  3  amended,  1939,  261  §  23;  1941,  490  §  22;  second  sentence 
revised,  1948,  493  §  1.    (See  1948,  493  §  5.) 

Sect.  5  amended,  1933,  254  §  64.    (See  1933,  254  §  66.) 

Sect.  6A  added,  1938,  85  (providing  that  applications  for  transient 
vendors'  licenses  shall  contain  irrevocable  power  of  attorney  for  service 
of  process,  and  providing  for  service  of  process  under  authority  thereof). 

Sect.  15  amended,  1937,  214;  revised,  1937,  333. 

Sect.  16  revised,  1935,  42;  amended,  1937,  130. 

Sect.  19  amended,  1934,  114;   1937,  73. 

Sect.  22,  sentence  added  at  end,  1948,  493  §  2.    (See  1948,  493  §  5.) 

Sect.  23,  sentence  added  at  end,  1948,  493  §  3.    (See  1948,  493  §  5.) 

Sect.  24  amended,  1936,  74;  1945,  493  §  1 ;  1951,  395;  sentence  added 
at  end,  1948,  493  §  4;  section  revised.  1954,  627  §  22.  (See  1945,  493 
§  2;   1948,  493  §  5;   1954,  627  §§  65,  67.) 

Sect.  27  amended,  1941,  490  §  23. 

Sect.  30  amended,  1934,  77. 

Sect.  32  amended,  1941,  490  §  24. 

Sect.  33  amended,  1945,  160. 

Chapter  102.  —  Shipping  and  Seamen,  Harbors  and  Harbor  Masters. 

Sect.  15  revised,  1932,  232  §  1. 

Sect.  15A  added,  1932,  232  §  2  (penalty  for  improper  operation  of 
motor  and  other  boats). 

Sect.  15B  added,  1950,  678  (relative  to  the  regulation  of  the  opera- 
tion of  motor  boats  upon  rivers  or  inland  lakes). 

Sect.  17  revised,  1932,  57. 

Chapter  103.  —  Pilots. 

Sect.  31  revised,  1953,  41. 

Chapter  105.  —  Public  Warehouses. 

Sect.  1  amended,  1935,  310  §  1. 

Sects.  2A  and  2B  added,  1935,  122  §  1  (relative  to  the  termination 
of  liability  of  sureties  on  bonds  furnished  by  public  warehousemen). 
(See  1935,  122  §  3.) 

Sect.  2C  added,  1947,  499  (authorizing  the  keeping  and  maintenance 
of  certain  public  warehouses  without  a  license). 

Sect.  6  revised,  1935,  122  §  2.    (See  1935,  122  §  3.) 

Sect.  9,  clause  (h)  revised,  1935,  310  §  2. 

Sect.  26  amended,  1948,  145. 

Sect.  33,  paragraph  added  at  end,  1946,  172. 

Chapter  107.  —  Money  and  Negotiable  Instruments. 

Sect.  5  revised,  1947,  55. 

Sect.  31  amended,  1941,  215. 

Sect.  45A  added,  1953,  439  (relative  to  the  use  of  facsimile  signatures 
in  the  drawing  of  checks  by  treasurers  of  public  bodies). 

Sect.  107  amended,  1950,  287  §  2. 

Sect.  lllA  added,  1947,  167  (relative  to  the  time  for  payment  by 
banks  of  checks  and  other  instruments) ;  repealed,  1950,  287  §  3. 


924  Changes  in  the  [Chaps.  io7A-iioa. 


Chapter  107A.  —  Assignments  of  Accounts  Receivable. 

New  chapter  inserted,  1945,  141  §  1.    (See  1945,  141  §  2.) 

Chapter  108A.  —  Partnerships. 

Sect.  34,  first  paragraph  amended,  1932,  180  §  16. 

Chapter  110.  —  Labels,  Trade  Marks,  Names  and  Registration  thereof. 

Sect.  4B  added,  1946,  169  §  1  (penaUzing  the  use  for  trade  purposes 
of  the  words  "Army",  "Navy"  and  other  words  denoting  branches  of 
the  United  States  Government) ;  amended,  1948,  466.  (See  1946,  169 
§3.) 

Sect.  5  revised,  1948,  550  §  15;   1952,  32  §  1. 

Sect.  7 A  added,  1947,  307  (authorizing  injunctive  relief  in  certain 
oases  of  trade  mark  infringement  or  unfair  competition). 

Sect.  17  revised,  1948,  550  §  16. 

Sect.  20  amended,  1953,  319  §  13.    (See  1953,  319  §§  39,  40.) 

Sect.  21  amended,  1934,  373  §  5;  revised,  1948,  550  §  17. 

Sect.  25  amended,  1953,  319  §  14.    (See  1953,  319  §§  39,  40.) 

Sect.  26  amended,  1946,  169  §  2. 

Chapter  110 A.  —  Promotion  and  Sale  of  Securities. 

Chapter  stricken  out  and  new  chapter  llOA  inserted,  1932,  290  §  1.  (See 
1932,  290  §§  3,  4.) 

The  following  references  are  to  chapter  llOA  as  so  inserted: 

Sect.  2,  paragraph  (a)  revised,  1939,  442  §  4;  paragraph  (c)  amended, 
1936,  316;  1938,  445  §  2;  paragraph  (/)  revised,  1938,  445  §  3. 

Sect.  3,  paragraph  (z3^)  inserted,  1945,  288  §  1;  last  paragraph 
revised,  1945,  288  §  2;  section  revised,  1954,  558  §  1. 

Sect.  4,  paragraph  (g)  revised,  1938,  445  §  4;  paragraph  (h)  stricken 
out,  1954,  558  §  2;  paragraph  (j)  added,  1938,  445  §  5. 

Sect.  5,  paragraph  inserted  before  the  last  paragraph,  1938,  445  §  6; 
same  paragraph  amended,  1954,  558  §  3. 

Sect.  9,  last  sentence  stricken  out,  1938,  445  §  7. 

Sect.  10,  second  sentence  revised,  1954,  558  §  4;  fourth  sentence 
stricken  out  and  two  new  sentences  inserted,  1938,  445  §  8;  three  sen- 
tences added  at  end  of  first  paragraph,  1954,  558  §  5. 

Sect.  11  amended,  1950,  822  §  2. 

Sect.  IIA  added,  1938,  445  §  9  (regulating  the  sale  by  a  corporation 
of  its  securities  to  employees) .  [For  prior  legislation,  see  General  Laws, 
chapter  155  §  23A,  repealed  by  1938,  445  §  13.] 

Sect.  IIA  stricken  out  and  sections  IIA-IIE  inserted,  1950,  822  §  3 
(relative  to  the  sale  of  securities  on  the  installment  plan). 

Sect.  12  revised,  1938,  445  §  10;  last  paragraph  amended,  1939, 
442  §  5. 

Sect.  12A  added,  1938,  445  §  11  (relative  to  the  modifying  or  annul- 
ling by  the  commission  of  orders  or  findings  made  by  the  director  of  the 
securities  division  and  to  review  of  such  action) ;  repealed,  1939,  442  §  6. 

Sect.  13  amended,  1936,  68. 

Sect.  18  revised,  1938,  445  §  12. 


Chap.  111.]  GENERAL   LawS.  925 


Chapter  111.  —  Public  Health. 

For  temporary  legislation  providing  for  a  dental  research  program 
for  the  training  of  feminine  personnel,  see  1949,  473;  repealed,  1950, 
667. 

Sect.  1,  paragraph  added  at  end,  1938,  265  §  6;  ''Inland  waters" 
defined,  1951,  448  §  1. 

Sects.  1A  and  IB  added,  1951,  552  (providing  that  certain  laws  re- 
lating to  pollution  or  contamination  of  waters  shall  apply  to  govern- 
mental agencies). 

Sect.  3  revised,  1946,  152. 

Sects.  4A-4C  added,  1950,  800  (relative  to  the  estabhshment  of 
alcoholic  cHnics). 

Sect.  4A,  two  sentences  added  at  end  of  first  paragraph,  1954,  581 
§  3.    (See  1954,  581  §§  4,  5.) 

Sect.  5,  paragraph  added  at  end,  1941,  388;  same  paragraph  re- 
vised, 1945,  615. 

Sect.  5A  added,  1941,  612  (relative  to  the  preparation  and  distribu- 
tion by  the  department  of  public  health  of  products  applicable  to  the 
prevention  or  cure  of  diseases  of  man). 

Sect.  6  revised,  1938,  265  §  7;  sentence  added  at  end,  1948,  129  §  1. 

Sect.  11  revised,  1934,  328  §  1. 

Sect.  12  revised,  1943,  331  §  1. 

Sect.  13,  last  sentence  revised,  1943,  331  §  2. 

Sect.  15  amended,  1934,  340  §  7.     (See  1934,  340  §  18.) 

Sect.  16  amended,  1934,  340  §  8.     (See  1934,  340  §  18.) 

Sect.  17  amended,  1937,  340. 

Sect.  20  revised,  1947,  76. 

Sect.  24  amended,  1937,  365;  revised,  1939,  234;   1945,  292  §  10. 

Sect.  26  revised,  1946,  268  §  1. 

Sects.  26A-26E  added,  1946,  268  §  2  (relative  to  the  replacement  of 
a  board  of  health  of  a  city  by  a  health  department). 

Sect.  27A  revised,  1932,  209. 

Sects.  27B  and  27C  added,  1953,  600  §  1  (relative  to  the  organiza- 
tion of  regional  health  districts).    (See  1953,  600  §  2.) 

Sect.  27B,  fifth  paragraph  amended,  1954,  273;  sixth  paragraph 
amended,  1954,  681  §  8.    (See  1954,  681  §§  20-22.) 

Sect.  31  amended,  1937,  285. 

Sect.  31A  stricken  out,  and  new  sections  31A  and  31B  inserted,  1937, 
282. 

Sect.  31  A,  paragraph  added  at  end,  1945,  423. 

Sect.  31C  added,  1954,  672  §  4  (relative  to  the  control  of  atmospheric 
pollution  by  local  boards  of  health). 

Sects.  34-43  and  46-49,  and  the  caption  preceding  section  34,  re- 
pealed, 1937,  362  §  6.     (See  1937,  362  §§  1-5,  7.) 

Sect.  51  revised,  1943,  16  §  1. 

Sect.  53  amended,  1943,  16  §  2. 

Sect.  54  amended,  1943,  16  §  3. 

Sect.  57A  added,  1943,  436  §  1  (permitting  the  department  of  pubhc 
health  to  estabhsh  and  maintain  cancer  chnics).     (See  1943,  436  §  2.) 

Sect.  57B  added,  1953,  382  (relative  to  the  establishing  and  main- 
tenance of  muscular  dystrophy  climes). 

Sect.  57C  added,  1954, 538  §  1  (creating  facilities  for  care  of  the  aging). 


926  Changes  in  the  [Chap.  in. 

Sects.  58-62,  and  caption  preceding  section  54,  stricken  out,  and  new 
sections  58-62  inserted  under  the  caption  "Agencies  giving  day  care  to 
children,"  1950,  205. 

Sects.  62I-62S  added,  1954,  508  §  1  (establishing  the  Massachusetts 
hospital  school  and  hospital  for  state  minor  wards).  (See  1954,  508 
§§  3-5.) 

Sect.  65  revised,  1951,  562  §  1;  1952,  270  §  1.  (See  1951,  562  §  11; 
1952,  270  §  10.) 

Sect.  65A  amended,  1936,  346  §  1;  1941,  506;  revised,  1948,  412; 
amended,  1952,  492;  revised,  1953,  383;  1954,  538  §  2.  (See  1936, 
346  §  2.) 

Sect.  65B  added,  1945,  453  (providing  for  the  admission  of  children 
suffering  from  rheumatic  heart  disease  to  the  North  Reading  state 
sanatorium) . 

Sect.  66  amended,  1934,  219;  first  sentence  revised,  1947,  630;  sec- 
tion revised,  1951,  562  §  2;  1952,  270  §  2.  (See  1936,  346  §  2;  1951, 
562  §§  10,  11;   1952,270  §  10.) 

Sect.  66A  added,  1937,  392  (permitting  the  admission  to  state  sana- 
toria and  county  tuberculosis  hospitals,  for  purposes  of  diagnosis  and 
observation,  of  certain  patients  with  diseases  of  the  lungs  other  than 
recognizable  tuberculosis). 

Sects.  67A-67D  added,  under  caption  "care  of  certain  infants 
prematurely  born",  1937,  332. 

Sect.  67A  revised,  1939,  246  §  1;   1949,  601  §  1. 

Sect.  67B  revised,  1949,  601  §  2. 

Sect.  67C  revised,  1939,  246  §  2;  amended,  1945,  535;  revised,  1949, 
601  §  3. 

Sect.  69A  amended,  1936,  337  §  1. 

Sect.  69B  revised,  1953,  562. 

Sect.  69C  amended,  1936,  337  §  2;  revised,  1953,  562. 

Sect.  69D  revised,  1953.  562. 

Sects.  69E-69I  added,  1954,  522  (relative  to  admissions  to  and 
charges  at  the  Lemuel  Shattuck  hospital). 

Sect.  70  amended,  1941,  194  §  5,  389  §  1;  1945,  291. 

Sects.  71-73  stricken  out  and  sections  71-72A  and  73  inserted,  1941,  661  §  1  • 
(See  1941,  661  §  2.) 

Sects.  71-72A  and  73  stricken  out  and  new  sections  71-72A  and  73  inserted* 
1952,  602  §  9.     (See  1952,  602  §  18.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

Sect.  71,  tenth  sentence  revised,  1954,  538  §  3. 

Sect.  74  amended,  1941,  72. 

Sect.  76  revised,  1951,  562  §  3;  1952,  270  §  3.  (See  1951,  562  §  11; 
1952,  270  §  10.) 

Sect.  77  revised,  1951,  562  §  4;  1952,  270  §  4.  (See  1951,  562  §  11; 
1952,  270  §  10.) 

Sects.  78-90  affected  (as  to  district  of  Chelsea,  Revere  and  Win- 
throp),  1934,  78. 

Sect.  78  revised,  1946,  310  §  1;  1951,  562  §  5;  1952,  270  §  5.  (See 
1945,  505;   1951,  562  §  11;   1952,  270  §  10.) 

Sect.  79  revised,  1936,  343;   first  paragraph  amended,  1954,  538  §  4. 

Sect.  80  revised,  1951,  562  §  6;  1952,  270  §  6.  (See  1951,  562  §  11; 
1952,  270  §  10.) 


Chap.  111.]  GENERAL  LawS.  927 

Sect.  83A  added,  1933,  318  §  6  (relative  to  the  indemnification  or 
protection  of  officers  and  employees  of  tuberculosis  hospital  districts 
in  connection  with  actions  for  personal  injuries  arising  out  of  the  opera- 
tion of  vehicles  owned  by  such  districts);  amended,  1934,  291  §  5. 
(See  1933,  318  §  9;   1934,  291  §  6.) 

Sect.  85,  first  sentence  revised,  1943,  414  §  1 ;  section  revised,  1943, 
500  §  1;  1951,  562  §  7;  1952,  270  §  7.  (See  1943,  500  §  3;  1951,  562 
§  11;   1952,  270  §  10.) 

Sect.  85A  revised,  1932,  65. 

Sect.  87  amended,  1945,  398  §  1. 

Sect.  87A  added,  1945,  398  §  2  (providing  that  trustees  of  Bristol 
countv  tuberculosis  hospital  shall  be  appointed  by  the  governor).  (See 
1945,  398  §§4,  5.) 

Sect.  88  revised,  1943,  500  §  2;  1946,  310  §  2;  1951,  562  §  8;  1952, 
270  §  8.    (See  1943,  500  §  3;   1951,  562  §  11;   1952,  270  §  10.) 

Sect.  88A  added,  1943,  500  §  2  (relative  to  charges  for  the  support 
of  patients  in  county  tuberculosis  hospitals);  revised,  1946,  310  §  3; 
repealed,  1951,  562  §  9.    (See  1943,  500  §  3;   1951,  562  §  11.) 

Sect.  88B  added,  1952,  270  §  9  (providing  for  admission  of  persons 
afllicted  with  pulmonary  tuberculosis  to  certain  hospitals  in  cases  of 
emergency).    (See  1952,  270  §  10.) 

Sect.  91  amended,  1954,  538  §  5. 

Sects.  91A  and  91B  added,  1954,  538  §  6  (relative  to  the  conversion 
of  certain  tuberculosis  hospitals  or  facilities  into  homes  for  the  care  and 
treatment  of  aging  persons). 

Sect.  96  revised,  1938,  265  §  8. 

Sect.  96A  added,  1938,  265  §  9  (regulating  the  transportation  to 
another  town  of  a  person  infected  with  a  disease  dangerous  to  public 
health). 

Sect.  97  revised,  1938,  265  §  10. 

Sect.  104  revised,  1938,  265  §  11. 

Sect.  107  revised,  1938,  265  §  12. 

Sect.  109  revised,  1938,  265  §  13. 

Sect.  109A  added,  1936,  115  (relative  to  the  treatment  of  infants' 
eyes  at  time  of  birth) ;  amended,  1943,  46. 

Sect.  110,  second  sentence  amended,  1932,  180  §  17. 

Sect.  Ill  revised,  1938,  265  §  14;  second  paragraph  revised,  1948, 
129  §  2. 

Sect.  112  amended,  1938,  265  §  15. 

Sect.  113  revised,  1938,  265  §  16. 

Sect.  116,  sentence  in  lines  24-32  amended,  1943,  275  §  1. 

Sect.  116A  added,  under  caption  "chronic  rheumatism",  1937,  393 
(providing  for  the  hospitalization  of  patients  with  chronic  rheumatism). 

Sect.  117  revised,  1935,  155;  1937,  391;  amended,  1948,  129  §  3; 
paragraph  added  at  end,  1954,  44. 

Sect.  118  amended,  1933,  44;   1948,  129  §  4. 

Sect.  119  amended,  1948,  129  §  5. 

Sect.  120  repealed,  1948,  120. 

Sect.  121  revised,  1945,  555;  first  two  sentences  revised,  1948,  129  §  6. 

Sect.  121A  added,  1939,  407  (requiring  a  serological  test  for  syphilis 
of  pregnant  women). 

Sect.  122A  added,  1947,  148  (increasing  the  powers  of  boards  of 
health  with  respect  to  the  supplying  of  water  for  domestic  purposes  in 


928  Changes  in  the  [Chap.  112. 

places  of  habitation  and  in  places  where  the  public  is  furnished  food  or 
drink). 

Sect.  124,  first  sentence  revised,  1949,  280. 

Sect.  127  revised,  1937,  339. 

Sect.  128,  two  paragraphs  added  at  end,  1943,  468;  first  of  said 
paragraphs  amended,  1947,  631  §  2;  paragraph  inserted  after  same 
paragraph,  1947,  631  §  2;   section  repealed,  1954,  209  §  1. 

Sect.  128A  added,  1949,  156  §  1  (relative  to  the  filling  and  levelling 
of  sites  of  demohshed  or  removed  buildings). 

Sects.  128B-128E  added,  1954,  209  §  2  (establishing  minimum  housing 
standards  and  defining  the  powers  of  local  boards  of  health  relative  to 
dwelling  places). 

Sect.  128D,  last  sentence  stricken  out,  1954,  447  §  1. 

Sect.  128F  added,  1954,  447  §  2  (providing  penalties  for  violations 
of  the  law  establishing  minimum  housing  standards  and  rules  and  regu- 
lations relative  thereto). 

Sect.  141  revised,  1937,  278. 

Sect.  142A  added,  1954,  672  §  3  (relative  to  the  control  of  atmos- 
pheric pollution).     (See  1954,  672  §§  2,  5,  6.) 

Sect.  143  revised,  1933,  269  §  2;   1948,  480  §  1. 

Sect.  147  amended,  1948,  480  §  2. 

Sect.  151  amended,  1943,  332  §  9. 

Sect.  154  amended,  1934,  340  §  9.    (See  1934,  340  §  18.) 

Sect.  159  amended,  1951,  448  §  2. 

Sect   160  amended,  1951,  448  §  3. 

Sect.  162  amended,  1951,  448  §  4. 

Sect.  163  amended,  1951,  448  §  5. 

Sect,  173 A  added,  1938,  293  (extending  the  jurisdiction  of  certain 
pohce  officers  employed  to  protect  public  sources  of  water  supply  from 
pollution). 

Sect.  173B  added,  1943,  84  (authorizing  water  commissioners  and 
others  to  enter  premises  within  the  watersheds  of  certain  sources  of 
supply). 

Sect.  175  revised,  1941,  353. 

Sects.  176-180  repealed,  1938,  265  §  17. 

Sect.  184A  added,  1939,  344  (authorizing  the  state  department  of 
public  health  to  issue  certificates  of  approval  relative  to  bacteriological 
laboratories);  second  paragraph  amended,  1946,  155  §  1;  paragraph 
added  at  end,  1946,  155  §  2. 

Sect.  184B  added,  1950,  431  (restricting  the  estabhshment  and 
maintenance  of  blood  banks). 

Sect.  185A  added,  1945,  543  §  2  (relative  to  the  furnishing  of  certain 
material  for  use  in  determining  and  recording  the  physical  condition 
of  school  children). 


Chapter  112.  —  Registration  of  Certain  Professions  and  Occupations. 

Sect.  2,  second  sentence  revised,  1933,  171  §  1,  1936,  247  §  1;  three 
paragraphs  added  at  end  of  section,  1936,  247  §  2;   section  amended, 

1938,  210;    paragraph  added  at  end,  1939,  415  §  1;    section  revised, 

1939,  451  §  37;  amended,  1941,  722  §  9;  second  sentence  stricken  out 
and  four  sentences  inserted,  1945,  396  §  1;  third  sentence  amended, 
1952,  585  §  21;  fourth  sentence  revised,  1954,  519  §  1;  fifth  and  sixth 


Chap.  112.]  GENERAL   LaWS.  929 

sentences  (as  appearing  in  1939,  451  §  37)  revised,  1948,  28;  third 
paragraph  revised,  1945,  396  §  2;  paragraph  inserted  after  fourth  para- 
graph, 1948,  413;  paragraph  added  at  end,  1946,  365.  Affected,  1938, 
259;  1948,221.    (See  1933, 171  §  2;  1936, 247  §§  3-6;  1939,415  §§3,4.) 

Sect.  2A  amended,  1945,  396  §  3;  1954,  519  §  2. 

Sect.  5  revised,  1937,  425  §  12.     (See  1937,  425  §  15.) 

Sect.  8  revised,  1948,  550  §  18. 

Sect.  9  revised,  1933,  152;   1945,  186. 

Sect.  12  amended,  1948,  129  §  7. 

Sect.  12A  amended,  1943,  41. 

Sect.  13  amended,  1937,  425  §  2.     (See  1937,  425  §  15.) 

Sect.  14  amended,  1937,  425  §  3.     (See  1937,  425  §  15.) 

Sect.  15  amended,  1937,  425  §  4.     (See  1937,  425  §  15.) 

Sect.  16  revised,  1937,  425  §  5;  1948,  557;  1950,  363  §  1;  fourth 
paragraph  amended,  1952,  585  §  22,  (See  1937,  425  §  15;  1950,  363 
§  2;   1951,  767.) 

Sect.  17  revised,  1937,  425  §  6.     (See  1937,  425  §  15.) 

Sect.  17A  added,  1937,  425  §  7  [defining  certain  duties  of  the  board 
of  registration  in  chiropody  (podiatry)].     (See  1937,  425  §  15.) 

Sect.  18  amended,  1937,  425  §  8.     (See  1937,  425  §  15.) 

Sect.  19  amended,  1937,  425  §  9;  revised,  1951,  105.  (See  1937, 
542  §  15.) 

Sect.  20  amended,  1937,  425  §  10.     (See  1937,  425  §  15.) 

Sect.  21  amended,  1937,  425  §  11;  revised,  1948,  550  §  19.  (See 
1937,  425  §  15.) 

Sect.  23  repealed,  1937,  425  §  13.     (See  1937,  425  §  15.) 

Sects.  23A-23P  added,  1951,  656  §  1  (relative  to  the  practice  of 
physical  therapy  by  registered  physical  therapists).     (See  1951,  656  §  2.) 

Sect.  24  amended,  1932,  227;  1933,  126;  1937,  343  §  1;  revised, 
1941,  52  §  1;  amended,  1945,  502  §  1;  1952,  585  §  23.  (See  1941,  52 
§  2;  1943,  165;  1945,  502  §§  2,  4.)  Temporarily  affected,  1948,  631; 
1952,  361. 

Sect.  24A  added,  1945,  502  §  3  (relative  to  registrations  and  renewal 
of  registrations  as  pharmacists  and  assistant  pharmacists).  (See  1945, 
502  §  4.) 

Sect.  24B  added,  1946,  194  (relative  to  standards  for  schools  and 
colleges  of  pharmacy) ;  revised,  1947,  503. 

Sect.  27  revised,  1934,  328  §  2;  amended,  1937,  343  §  2. 

Sect.  30  amended,  1937,  343  §  3. 

Sect.  32  amended,  1934,  328  §  3. 

Sect.  34  amended,  1934,  328  §  4. 

Sect.  35  amended,  1934,  328  §  5;  1935,  306;  1937,  343  §  4;  revised, 
1948,  539  §  1. 

Sect.  36  revised,  1934,  328  §  6. 

Sects.  36A-36D  added,  1948,  539  §  2  (relative  to  the  licensing  of 
persons  engaged  in  the  sale,  distribution  or  delivery,  at  wholesale,  of 
drugs  and  medicines). 

Sect.  38  revised,  1934,  236. 

Sect.  39  amended,  1939,  138;   1951,  410;   1953,  281. 

Sect.  40  amended,  1934,  328  §  6A;   1937,  343  §  5. 

Sect.  42A  added,  1937,  343  §  6  (relative  to  the  retail  drug  business 
and  pharmacy). 

Sects.  43-53  temporarily  affected,  1949,  473. 


930  Changes  in  the  [Chap.  112. 

Sect.  45,  second  sentence  amended,  1932,  180  §  18;  paragraph  added 
at  end,  1939,  415  §  2;  section  revised,  1949,  564  §  1.  (See  1939,  415  § 
3;   1948,  221.) 

Sect.  45A  amended,  1949,  564  §  2. 

Sect.  46,  clause  Third  amended,  1934,  108. 

Sect.  49  revised,  1948,  270. 

Sect.  50  amended,  1935,  344;  revised,  1949,  333;  1954,  408  §  1. 

Sect.  51  revised,  1949,  576. 

Sect.  52  revised,  1948,  123;  1952,  117. 

Sects.  52A  and  52B  added,  1934,  281  (relative  to  methods  and  prac- 
tices of  dentists  and  dental  hygienists). 

Sect.  52A  revised,  1937,  253;  1954,  408  §  2. 

Sect.  52C  added,  1954,  408  §  3  (restricting  advertising  by  dental 
technicians) . 

Sect.  53  amended,  1949,  564  §  3. 

Sect.  55  amended,  1937,  66;  revised,  1939,  251  §  1;  first  paragraph 
amended,  1945,  724;  1952,  585  §  24;  paragraph  inserted,  1951,  433  §  1. 
(See  1939,  251  §§  2,  3,  4;  1945,  711;  1951,  433  §2;  1952,  585  §§  25, 
26.) 

Sect.  59  revised,  1948,  224. 

Sects.  60A-60J  added  under  caption  "registration  of  archi- 
tects", 1941,  696  §  2.    (See  1941,  696  §§  3,  4.) 

Sect,  60A,  prehminary  paragraph  amended,  1945,  265  §  2. 

Sect.  60B,  second  paragraph  revised,  1953,  558  §  1. 

Sect.  60C,  clause  (c)  revised,  1943,  167. 

Sect.  60D  revised,  1953,  558  §  2.    (See  1953,  558  §  4.) 

Sect.  60E,  paragraph  added  at  end,  1953,  558  §  3. 

Sects.  60K-60M  added,  1945,  265  §  1  (further  regulating  the  prac- 

Sect.  64  amended,  1954,  681  §  9.  (See  1954,  681  §§  20,  22.) 

Sects.  66-73  stricken  out,  and  new  sections  66-73  inserted,  1934, 
339  §  2. 

Sect.  69  revised,  1949,  463. 

Sect.  70  revised,  1948,  550  §  20. 

Sect.  72  amended,  1938,  434  §  1.    (See  1938,  434  §  4.) 

Sect.  73  amended,  1938,  434  §  2.    (See  1938,  434  §  4.) 

Sect.  73A  added,  1937,  287  §  1  (regulating  advertising  in  connection 
with  the  sale  of  eyeglasses,  lenses  or  eyeglass  frames).  (See  1937,  287 
§2.) 

Sect.  73B  added,  1938,  434  §  3  (further  regulating  optometrists  with 
respect  to  premises  where  practice  may  be  carried  on  and  to  the  sharing 
of  their  fees).    (See  1938,  434  §  4.) 

Sects.  74-81  stricken  out,  and  new  sections  74-81C  added,  1941, 
620  §  3.    (See  1941,  620  §§  1,  4-12.) 

Sect.  74,  third  sentence  amended,  1948,  108;   1953,  350  §  4. 

Sect.  74A,  third  sentence  amended,  1951,  87;  section  revised,  1953, 
350  §  5.    (See  1953,  350  §§  13,  14.) 

Sect.  74B  revised,  1953,  350  §  6. 

Sect.  75  revised,  1953,  350  §  7. 

Sect.  76  revised,  1953,  350  §  8. 

Sect.  80A  revised,  1953,  350  §  9. 

Sect.  81  revised,  1953,  350  §  10. 

Sect.  81 A  revised,  1953,  350  §  11. 


Chap,  112.]  GENERAL  LaWS.  931 

Sect.  81B  revised,  1953,  350  §  12. 

Sects.  81A-81Q  inserted  under  caption  "registration  of  profes- 
sional  ENGINEERS   AND    OF   LAND   SURVEYORS",    1941,    643    §    2.       (ScG 

1941,  643  §§  3-5.) 

Sect.  81A,  as  so  inserted,  amended  and  renumbered  BID,  1941, 
722  §  9A. 

Sect.  81L  amended,  1941,  722  §  9B. 

Sects.  81B-81Q,  inclusive,  inserted  by  1941,  643  §  2,  renumbered 
81E-81T,  inclusive,  1941,  722  §  9C. 

Sects.  82-87,  and  caption  before  said  section  82,  stricken  out,  and 
new  sections  82-87  inserted,  under  caption  "registration  of  em- 
BALMERS  AND  FUNERAL  DIRECTORS",  1936,  407  §  3.  (See  1936,  407 
§§  5-8.) 

Sect.  82,  definition  of  "Apprentice"  inserted,  1945,  596  §  1;  defini- 
tion of  "Funeral  directing",  revised,  1939,  160  §  1. 

Sect.  83,  third  paragraph  amended,  1939,  160  §  4;   section  revised, 

1945,  596  §  2;   1948,  491. 
Sect.  85  amended,  1941,  232. 

Sect.  87  amended,  1937,  13;   1939,  160  §  2. 

Sects.  82-87  stricken  out  and  sections  82-84,  84A,  85-87  inserted, 
1954,  653  §  2.    (See  1954,  653  §§  3,  5,  6,  7.) 

Sect.  87B  amended,  1953,  510  §  2. 

Sects.  87F-87S.    See  1937,  184. 

Sect.  87F,  paragraph  contained  in  lines  4-9  revised,  1934,  260  §  1; 
"Instructor"  and  "Apprentice"  defined,  1948,  579  §  1. 

Sect.  87H,  four  sentences  added  at  end,  1934,  260  §  2;  section 
amended,  1936,  314  §  1;  second  paragraph  amended,  1937,  94;  same 
paragraph  revised,  1941,  619  §  1;  1950,  319;  amended,  1954,  355. 
(See  1941,  619  §  2.) 

Sect.  871  amended,  1936,  314  §  2;  revised,  1948,  579  §  2. 

Sect.  87K,  paragraph  added  at  end,  1936,  314  §  3. 

Sect.  87M  amended,  1936,  314  §  4. 

Sect.  870  amended,  1933,  149  §  2.    (See  1933,  149  §  3.) 

Sect.  87P  amended,  1934,  260  §  3;  two  sentences  added  at  end,  1950, 
61;  paragraph  added  at  end,  1950,  440  §  1.    (See  1950,  440  §  2.) 

Sect.  87R  amended,  1936,  314  §  5. 

Sect.  87S,  sentence  added  at  end,  1952,  362. 

Sects.  87T-87JJ  added,  under  caption  "registration  of  hair- 
dressers", 1935,  428  §  2.    (See  1935,  428  §§  6,  7.) 

Sect.  87T,  definition  of  "Apprentice"  stricken  out  and  definition  of 
"Instructor"  added,  1941,  626  §  1;  definition  of  "shop"  revised, 
1941,  626  §  2;  section  revised,  1943,  565  §  1. 

Sect.  87U  amended,  1937,  385  §  2;  revised,  1941,  626  §  3;  amended, 
1949,  345. 

Sect.  87V  amended,  1937,  385  §  3;  revised,  1941,  626  §  4;  1943, 
565  §  2;   1950,  540  §  1.    (See  1950,  540  §  3;   1953,  307.) 

Sect.  87W  amended,  1937,  385  §  4;  revised,  1941,  626  §  5;  1943, 
565  §  3;  first  paragraph  revised,  1950,  540  §  2;  sentence  added  at  end, 

1946,  550  §  2;  1951,  253.    (See  1950,  540  §  3;  1953,  307.) 
Sect.  87X  revised,  1941,  626  §  6;  1943,  565  §  4;   1951,  273. 
Sect.  87Y  revised,  1949,  579. 

Sect.  87Z  amended,  1937,  385  §  5;  revised,  1943,  565  §  5;  paragraph 
added  at  end,  1953,  274. 


932  Changes  in  the  [Chaps.  113-115. 

Sect.  87 AA  revised,  1941,  626  §  7;  1943,  565  §  6;  paragraph  added 
at  end,  1953,  537  §  1. 

Sect.  87BB  amended,  1937,  385  §  6;  revised,  1943,  565  §  7. 

Sect.  87CC  revised,  1941,  626  §  8;  1943,  565  §  8;  schedule  revised, 
1951,  427;  sentence  added,  1953,  537  §  2;  schedule  revised,  1954,  501; 
first  paragraph  amended,  1948,  347. 

Sect.  87DD  revised,  1943,  565  §  9. 

Sect.  87EE  revised,  1937,  385  §  7. 

Sect.  87GG  revised,  1941,  626  §  9;  1943,  565  §  10;  third  sentence 
stricken  out  and  two  sentences  inserted,  1953,  291;  sentence  added  at 
end,  1946,  550  §  3. 

Sect.  87II  amended,  1937,  385  §  8;  revised,  1941,  626  §  10;  1943, 
565  §  11. 

Sect.  87JJ  revised,  1941,  626  §  11;   1943,  565  §  12. 

Sect.  87KK  added,  1951,  509  (relative  to  notification  of  examination 
dates  to  appUcants  for  registration). 

Sect.  88,  clause  (3)  amended,  1941,  626  §  13. 

Chapter  113.  — Promotion  of  Anatomical  Science. 

Sect.  1  amended,  1941,  351  §  7. 

Sect.  2  revised,  1954,  627  §  25.    (See  1954,  627  §§  65,  67.) 

Chapter  114.  —  Cemeteries  and  Burials. 

Sect.  1  amended,  1936,  319  §  1.     (See  1936,  319  §  7.) 

Sect.  6  amended,  1936,  319  §  2.     (See  1936,  319  §  7.) 

Sect.  7  revised,  1936,  319  §  3.     (See  1936,  319  §  7.) 

Sect.  8  revised,  1936,  319  §  4.     (See  1936,  319  §  7.) 

Sect.  9  amended,  1936,  319  §  5.     (See  1936,  319  §  7.) 

Sect.  19  revised,  1948,  550  §  48.     (See  1948,  550  §  51.) 

Sect.  20,  sentence  added  at  end,  1948,  550  §  49.    (See  1948,  550  §  51.) 

Sect.  24  revised,  1948,  550  §  50.    (See  1948,  550  §  51.) 

Sect.  25  amended,  1934,  85  §  1.    (See  1934,  85  §  2.) 

Sects.  43A-43N  added,  under  caption  "miscellaneous  provisions", 

1936,  319  §  6  (relative  to  the  ownership,  maintenance  and  operation  of 

cemeteries  and  crematories  and  to  the  disposal  of  dead  human  bodies). 

(See  1936,  319  §  7.) 
Sect.  430  added,  1948,  497  (prohibiting  the  sale  of  monuments  for 

cemetery  lots  by  certain  corporations). 

Sect.  45  amended,  1954,  627  §  26.    (See  1954,  627  §§  65,  67.) 
Sect.  45A  added,  1954,  438  (relative  to  the  use  of  the  name  of  funeral 

directors  in  connection  with  death  certificates  or  burial  permits). 
Sect.  46  amended,  1954,  627  §  27.    (See  1954,  627  §§  65,  67.) 
Sect.  46A  added,  1949,  604  (relative  to  permits  for  the  burial  or 

other  disposition  of  the  bodies  of  deceased  veterans). 

Sect.  47  amended,  1954,  627  §  28.    (See  1954,  627  §§  65,  67.) 
Sect.  49  revised,  1936,  407  §  4;   last  paragraph  amended,  1939,  160 

§  3.    (See  1936,  407  §§  5-8.) 

Chapter   115.  —  Veterans'   Benefits   (former  title,   State  and   Military  Aid, 

Soldiers'  Relief,  etc.). 

For  legislation  providing  for  payments  for  the  benefit  of  certain 
soldiers  and  sailors,  see  1942,  11;  1943,  211;  1945,  366;  1946,  584; 
1948,  549;  1954,  627  §§  39,  65,  67. 


Chaps.  115A-117.]  GENERAL   LaWS.  933 

Chapter  stricken  out,  and  new  chapter  115  (with  new  title)  inserted,  1946, 
584  §  1.     (See  1946,  584  §§  2,  21,  22.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  115  as  so  inserted: 

Sect.  1,  paragraph  6  revised,  1948,  510;  paragraph  7  added,  1947, 
444;  paragraph  inserted,  1951,  526  §  2;  definition  of  "Veteran" 
revised,  1951,  590  §  1;  paragraph  added  at  end,  1951,  590  §  2;  section 
revised,  1954,  627  §  35;  definition  of  "Veteran"  amended,  1954,  688 
§  2.    (See  1951,  590  §§  7,  8;   1954,  627  §§  38,  65,  67.) 

Sect.  lA  added,  1954,  627  §  36  (relative  to  the  requirements  for  hos- 
pital benefits  available  to  veterans).     (See  1954,  627  §§  65,  67.) 

Sect.  2,  second  and  third  paragraphs  revised,  1951,  590  §  3;  seventh 
paragraph  revised,  1948,  535  §  1;  eighth  paragraph  amended,  1952,  597; 
last  paragraph  stricken  out  and  two  paragraphs  inserted,  1951, 546.  (See 
1951,  590  §§  7,  8;   1954,  627  §§  38,  65,  67.) 

Sect.  3A  added,  1948,  96  §  1  (providing  for  the  use  of  photostatic 
copies  of  discharge  papers  of  veterans  in  certain  cases).  (See  1948, 
96  §  2.) 

Sect.  5  revised,  1948,  535  §  2;  first  paragraph  revised,  1950,  493  §  1; 
1951,  590  §  4;  second  paragraph  revised,  1951,  590  §  4;  fourth  para- 
graph amended,  1954,  493;  last  paragraph  revised,  1949,  599;  para- 
graph added  at  end,  1951,  753  §  1.  (See  1951,  590  §§  7,  8;  1954,  627 
§§  38,  65,  67.) 

Sects.  6A-6C  added,  1949,  660  (providing  for  payment  of  annuities 
to  certain  paraplegic  veterans). 

Sect.  6A  revised,  1954,  627  §  37.    (See  1954,  627  §§  65,  67.) 

Sect.  6B  revised,  1953,  530. 

Sect.  7,  first  sentence  revised,  1948,  535  §  3;  sentence  added  at  end, 
1949,  500. 

Sect.  8,  last  sentence  revised,  1948,  535  §  4;  section  revised,  1948, 
648;  sentence  added  at  end,  1951,  590  §  5.  (See  1951,  590  §§  7,  8; 
1954,^627|§p8,  65,  67.) 

Sects.  10-14  added,  1946,  599  §  1  (relative  to  local  departments  of 
veterans'  services).    (See  1946,  599  §§  2,  3;   1947,  1.) 

Sect.  10,  second  paragraph  revised,  1948,  229. 

Sect.  15  added,  1948,  415  (providing  for  audit  of  accounts  of  dis- 
tricts formed  to  establish  departments  of  veterans'  services). 

Chapter  115A.  —  Soldiers'  Homes. 
New  chapter  inserted,  1954,  627  §  42.     (See  1954,  627  §§  65,  67.) 

Chapter  116.  —  Settlement. 

Sect.  1,  clause  Fifth  amended,  1943,  455  §  13;  revised,  1951,  590  §  6; 
amended,  1954,  627  §§  45,  56.  (See  1951,  590  §§  7,  8;  1954,  627  §§  65,  67.) 

Sect.  2  revised,  1933,  213;  amended,  1943,  379;  1946,  584  §  4.  (See 
1946,  584  §  22.) 

Sect.  4  revised,  1946,  584  §  5;  1950,  493  §  2.  (See  1946,  584  §  22.) 

Sect.  5  amended,  1943,  455  §  14;  revised,  1946,  584  §  6;  amended, 
1948,  624  §  1.  (See  1946,  584  §  22;  1948,  624  §  2.) 

Chapter  117.  —  Support  by  Cities  and  Towns. 

Sect.  1  amended,  1934,  124. 


934  Changes  in  the  [Chap.  lis. 

Sect.  2,  paragraph  added  at  end,  1954,  516. 

Sect.  2A  added,  1933,  181  (authorizing  local  boards  of  public  wel- 
fare to  aid  needy  persons  in  the  cultivation  of  vegetable  gardens). 

Sect.  3A  added,  1937,  277  (protecting  needy  persons  from  the  public 
view  while  applying  for  public  reUef  and  support). 

Sect.  3B  added,  1939,  127  (prohibiting  local  boards  of  public  welfare 
from  making  the  institution  of  ejectment  proceedings  prerequisite  to 
the  payment  by  them  of  rent  owed  for  dwellings  by  certain  persons  on 
welfare  relief). 

Sect.  5  amended,  1937,  125;  revised,  1948,  581  §  1. 

Sect.  6  revised,  1936,  108. 

Sect.  6A  added,  1938,  211  (preventing  discrimination  against  cer- 
tain persons  with  respect  to  the  payment  of  welfare  relief). 

Sect.  7  amended,  1950,  485  §  1. 

Sect.  13,  new  sentence  added  at  end,  1941,  608. 

Sect.  14  revised,  1937,  113;  amended,  1938,  275;  1939,  39  §  1.  (See 
1939,  39  §  2.) 

Sect.  16  repealed,  1936,  328. 

Sect.  17  amended,  1939,  370;  1941,  351  §  8;  last  sentence  revised, 
1945,  668  §  2.    (See  1939,  454  §  21.) 

Sect.  18  amended,  1934,  45;  1938,  425;  revised,  1941,  351  §  9; 
first  sentence  revised,  1954,  394.    (See  1939,  454  §  21.) 

Sect.  18A  added,  1938,  465  (relative  to  the  payment  by  cities  and 
towns  of  the  expense  of  the  funeral  and  burial  of  certain  poor  and  in- 
digent persons);  paragraph  added  at  end,  1945,  668  §  1. 

Sect.  19,  paragraph  added  at  end,  1937,  86. 

Sect.  21  amended,  1941,  196. 

Sect.  24  revised,  1935,  164;  sentence  added  at  end,  1943,  481. 

Sect.  30,  first  sentence  revised,  1948,  581  §  2. 

Sect.  33  revised,  1952,  411  §  1. 

Sect.  34  repealed,  1952,  411  §  2. 

Sect.  35  amended,  1932,  180  §  19;  repealed,  1952,  411  §  2. 

Sects.  44-46  added,  1938,  476  (authorizing  the  estabUshment  of  pub- 
lic welfare  districts  in  cities  and  towns). 

Sect.  44,  first  sentence  amended,  1952,  353  §  1;  second  sentence 
amended,  1950,  793  §  5;  sentence  inserted  after  fifth  sentence,  1950, 
293  §  1;  sentence  added  at  end,  1950,  793  §  6.    (See  1952,  353  §  10.) 

Sect.  44A  added,  1953,  205  §  1  (relative  to  the  auditing  of  welfare 
districts).    (See  1953,  205  §  2.) 

Sect.  45,  sentence  added  at  end,  1950,  293  §  2;  section  revised,  1952, 
353  §  2.    (See  1952,  353  §  10.) 

Chapter  118. — Aid  to  Dependent  Children  (former  title,  Aid  to  Mothers 
with  Dependent  Children). 
Chapter  stricken  out  and  new  chapter  118  (with  new  title)  inserted,  1936, 
413  §  1.     (See  1936,  413  §  2). 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  118  as  so  inserted: 

Sect.  1  amended,  1939,  487;  revised,  1952,  463. 

Sect.  2  amended,  1941,  593  §  1;  1943,  97;  1945,  412;  sentence  in- 
serted after  fourth  sentence,  1945,  532  §  1;  section  revised,  1946,  415; 
1948,  418;  first  sentence  revised,  1951,  390;  last  five  sentences  stricken 


Chap.  118A.]  GENERAL   LaWS.  935 

out  and  four  sentences  inserted,  1951,  525  §  1;  third  sentence  revised, 
1953,  325. 

Sect.  2A  added,  1945,  567  (relative  to  certain  persons  in  families 
receiving  aid  under  the  law  providing  aid  to  dependent  children). 

Sect.  4A  added,  1943,  117  (permitting  recipients  of  aid  to  dependent 
children,  so-called,  to  leave  the  commonwealth  without  suspension  of 
such  aid) ;   paragraph  added  at  end,  1945,  458  §  1. 

Sect.  5  revised,  1941,  593  §  2;  two  sentences  added  at  end,  1949, 
613  §  1;  stricken  out  and  one  sentence  inserted,  1953,  323. 

Sect.  6  revised,  1941,  405;  two  sentences  added  at  end,  1943,  491. 
(See  1939,  454  §  21.) 

Sect.  7  revised,  1950,  657. 

Sect.  8  revised,  1939,  248. 

Sect.  9  amended,  1946,  584  §  7.    (See  1946,  584  §  22.) 

Chapter  118A.  —  Adequate  Assistance  to  Certain  Aged  Citizens. 

Chapter  stricken  out  and  new  chapter  118A  inserted,  1936,  436  §  1.  (See 
1936,  436  §  4.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  USA,  as  so  inserted: 

Sect.  1  amended,  1937,  440  §  1;  last  sentence  amended,  1938,  274; 
section  revised,  1941,  729  §  1;   1943,  489  §  1;  third  sentence  amended, 

1950,  519  §  1;  fourth  sentence  amended,  1948,  433;  last  sentence  of 
first  paragraph  amended,  1945,  683  §  1;  first  paragraph  revised,  1950, 
799;  amended,  1951,  801  §  1;  paragraph  inserted  after  first  paragraph, 
1948,  638;  paragraph  inserted  after  second  paragraph,  1949,  796  §  1; 
second  and  third  paragraphs  revised,  1951,  801  §  2;  paragraph  added 
at  end,  1943,  506;  same  paragraph  revised,  1945,  532  §  2;    1950,  343; 

1951,  525  §  2;  amended,  1954,  525;  paragraph  inserted  before  said 
paragraph,  1945,  441.  (See  1941,  729  §  15;  1945,  683  §  4;  1949,  796 
§§  2,  3;   1951,  801  §§  6,  7.) 

Sect.  1A  added,  1950,  519  §  2  (authorizing  old  age  assistance  to 
persons  being  cared  for  under  contract  in  certain  homes  for  the  aged); 
revised,  1954,  521. 

Sects.  IB  and  IC  added,  1951,  475  (extending  the  benefits  of  the 
old  age  assistance  law  to  patients  in  pubUc  medical  institutions). 

Sect.  IB.    See  1954,  469  §  2. 

Sect.  2  revised,  1937,  440  §  2;  amended,  1941,  597  §  1;  revised,  1941, 
729  §  2;  1943,  489  §  2;  1945,  683  §  2.    (See  1941,  729  §  15;  1945,  683  §  4.) 

Sect.  2 A  added,  1941,  729  §  3  (relative  to  the  Uability  of  children  to 
contribute  to  the  support  of  aged  parents);  revised,  1943,  489  §  3; 
1945,  683  §  3;  paragraphs  1,  3  and  4  revised,  1951,  801  §  3.  (See 
1941,  729  §  15;   1945,  683  §  4;   1951,  801  §§  6,  7.) 

Sect.  3  revised,  1937,  440  §  3;  last  sentence  revised,  1938,  285;  sec- 
tion revised,  1939,  481. 

Sect.  4  amended,  1938,  467;  1941,  729  §  4;  revised,  1943,  512; 
amended,  1950,  626;  revised,  1951,  801  §  4.  (See  1941,  729  §§  14,  15; 
1951,  801  §§  4A,  4B,  6,  7.) 

Sect.  4A  added,  1941,  729  §  5  (making  a  recipient  of  old  age  assist- 
ance Uable  to  repay  the  same  in  certain  cases);  revised,  1948,  581  §  3; 
sentence  added  at  end,  1951,  801  §  5.  (See  1941,  729  §  15;  1951,  801 
§§  4B,  6,  7.) 


936  Changes  in  the  [Chaps.  118B-119. 

Sect.  5  revised,  1938,  408;  amended,  1941,  729  §  6;  revised,  1946, 
460;  amended,  1949,  486.    (See  1941,  729  §  15.) 

Sect.  5A  added,  1949,  622  (increasing  the  amount  of  bank  deposits 
allowable  to  applicants  for  old  age  assistance);  revised,  1951,  536. 

Sect.  6,  see  1952,  621. 

Sect.  6A  added,  1937,  165  (permitting  recipients  of  old  age  assist- 
ance, so  called,  to  leave  the  commonwealth  without  suspension  of  such 
assistance);  amended,  1941,  729  §  7;  revised,  1943,  470;  paragraph 
added  at  end,  1945,  458  §  2;  1949,  627.    (See  1941,  729  §  15.) 

Sect.  7  revised,  1951,  533. 

Sect.  8  amended,  1941,  729  §  8;  two  sentences  inserted  after  third 
sentence,  1943,  490;  sentence  added  at  end,  1951,  539;  stricken  out 
and  four  sentences  inserted,  1953,  462  §  1.  (See  1939,  454  §  21;  1941, 
729  §  15;   1953,  462  §  2.) 

Sect.  9  revised,  1945,  541  §  3;  amended,  1946,  584  §  8.  (See  1946, 
584  §  22.) 

Sect.  10  revised,  1941,  597  §  2;  two  sentences  added  at  end,  1949, 
613  §  2;  section  revised,  1952,  602  §  10;  amended,  1954,  340.  (See 
1952,  602  §§  15-18.) 

Sect.  11  added,  1941,  729  §  10  (estabhshing  the  old  age  assistance 
fund);  amended,  1945,  684.    (See  1941,  729  §§  9,  9A,  15.) 

Sect.  12  added,  1953,  571  §  1  (relative  to  the  appointment  of  guard- 
ians and  conservators  for  certain  applicants  for  public  assistance). 

Chapter  118B.  — The  Merit  System  in  the  Administration  of  Aid  to 
Dependent  Children  and  Old  Age  Assistance. 

New  chapter  inserted,  1950,  793  §  7. 

Sect.  2,  first  sentence  revised,  1952,  353  §  3.    (See  1952,  353  §  10.) 

Sect.  3  amended,  1952,  353  §  4.    (See  1952,  353  §  10.) 

Sect.  5  amended,  1952,  353  §  5.    (See  1952,  353  §  10.) 

Sect.  6  amended,  1952,  353  §  6.    (See  1952,  353  §  10.) 

Sect.  9  amended,  1952,  353  §  7.    (See  1952,  353  §  10.) 

Sect.  10  amended,  1952,  353  §  8.    (See  1952,  353  §  10.) 

Chapter  118C.  —  Coverage  of  Certain  Employees  under  the  Federal  Social 

Security  Act. 

New  chapter  inserted,  1951,  658. 

Chapter  USD.  —  Assistance  to  Persons  who  are  Disabled. 
New  chapter  inserted,  1951,  741  §  2.     (See  1951,  741  §§  1,  4,  5.) 

Sect.  5,  last  sentence  revised,  1953,  461. 

Sect.  20,  first  sentence  revised,  1952,  353  §  9.    (See  1952,  353  §  10.) 
Sect.  21  added,  1953,  571  §  2  (relative  to  the  appointment  of  guard- 
ians and  conservators  for  certain  apphcants  for  public  assistance). 

Chapter  119.  —  Protection  and  Care  of  Children,  and  Proceedings  against 

Them. 

Sect.  1  revised,  1941,  629  §  1;  1946,  547  §  1. 

Sect.  2  revised,  1941,  629  §  2;  amended,  1946,  547  §  2. 

Sect.  6  revised,  1941,  629  §  3;  amended,  1946,  547  §  3. 

Sect.  9  amended,  1941,  629  §  4. 

Sect.  10  amended,  1941,  629  §  5. 

Sect.  11  revised,  1946,  547  §  3 A. 


Chap.  119.]  GENERAL   LaWS.  937 

Sect.  12  revised,  1932,  180  §  20. 

Sect.  13A  added,  1945,  520  (relative  to  the  responsibility  of  the  board 
of  public  welfare  in  a  town  where  an  infant  has  seemingly  been  aban- 
doned) . 

Sect.  14  revised,  1941,  629  §  6;  amended,  1946,  547  §  4. 

Sect.  22  amended,  1941,  351  §  10. 

Sect.  28  amended,  1941,  629  §  7. 

Sect.  29  amended,  1941,  629  §  8. 

Sect.  39  revised,  1951,  761. 

Sects.  40A  and  40B  added,  1952,  596  (to  protect  wards  of  the  state 
in  the  same  rehgion  of  the  parents  or  surviving  parent). 

Sect.  47  amended,  1946,  448  §  1.    (See  1946,  448  §  2.) 

Sect.  47A  added,  1943,  504  (relative  to  the  payment  of  expenses  for 
the  support  of  certain  neglected  children) . 

Sects.  1-51  stricken  out  and  sections  1-39  inserted,  1954,  646  §  1. 

Sect.  52,  definition  of  "Delinquent  child"  amended,  1948,  310  §  3.* 

Sect.  55,  last  paragraph  revised,  1949,  593  §  6;  section  revised,  1952, 
605  §  3.    (See  1952,  605  §§  19-21.) 

Sect.  56  revised,  1943,  244  §  1. 

Sect.  58,  paragraph  inserted  after  third  paragraph,  1941,  264  §  1; 
section  revised,  1948,  310  §  4*;  paragraph  added  at  end,  1948,  385. 

Sect.  58A  amended,  1941,  194  §  6;  revised,  1941,  327:  1947,  616; 
repealed,  1948,  310  §  5.* 

Sect.  59,  second  paragraph  stricken  out,  1941,  648  §  1. 

Sect.  60  stricken  out  and  new  sections  60  and  60A  inserted,  1938, 
174  §  1  (relative  to  the  use  of  information  and  records  in  cases  of  way- 
wardness or  delinquencv) . 

Sect.  60  amended,  1948,  310  §  6.* 

Sect.  61  amended,  1948,  310  §  7.* 

Sect.  63  revised,  1932,  95  §  1. 

Sect.  65  amended,  1932,  95  §  2. 

Sect.  66  revised,  1941,  648  §  2;  1943,  244  §  2. 

Sect.  67  amended,  1941,  648  §  3;  revised,  1943,  244  §  2. 

Sect.  68  revised,  1943,  244  §  2;   1948,  310  §  8.* 

Sect.  69  revised,  1943,  244  §  2. 

Sect.  69A  added,  1948,  310  §  9  (providing  that  courts  and  certain 
public  officers  and  authorities  shall  make  available  to  the  youth  service 
board  information  relative  to  cases  committed  to  said  board).* 

Sect.  72  amended,  1947,  235;  revised,  1948,  310  §  10*;  amended, 
1949,  595. 

Sect.  73  revised,  1945,  202;  amended,  1948,  310  §  11.* 

Sect.  74  amended,  1933,  196  §  1;  revised,  1948,  310  §  12.* 

Sect.  75  amended,  1933,  196  §  2;  revised,  1948,  310  §  13.* 

Sect.  76  revised,  1948,  310  §  14.* 

Sect.  77  revised,  1948,  310  §  15.* 

Sect.  79  amended,  1948,  310  §  16*;  1953,  319  §  15.  (See  1953, 
319  §§  39,  40.) 

Sect.  80  revised,  1948,  310  §  17.* 

Sect.  81  amended,  1948,  310  §  18.* 

Sect.  82  amended,  1948,  310  §  19.* 

Sect.  83  revised,  1948,  310  §  20.* 

♦See  1948,310  §§30,31. 


938  Changes  in  the  [Chaps.  120, 121. 


Chapter  120.  —  Youth  Service  Board  and  Massachusetts  Training  Schools 
(former  title,  Massachusetts  Training  Schools). 
Chapter  stricken  out,  and  new  chapter  120  (with  new  title)  inserted,  1948, 
310  §  22.     (See  1948,  310  §§  30,  31.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  120  as  so  inserted: 

Sect.  1  revised,  1952,  605  §  4.    (See  1952,  605  §§  19-21.) 
Sect.  2  revised,  1952,  605  §  5.    (See  1952,  605  §§  19-21.) 
Sect.  3  revised,  1952,  605  §  6.    (See  1952,  605  §§  19-21.) 
Sect.  4  revised,  1952,  605  §  7.    (See  1952,  605  §§  19-21.) 
Sect.  4A  added,  1952,  605  §  8  (establishing  a  division  of  youth  service 
in  the  department  of  education).    (See  1952,  605  §§15,  19-21.) 
Sect.  6,  paragraph  (e)  revised,  1949,  593  §  1. 
Sect.  7  amended,  1952,  605  §  9.    (See  1952,  605  §§  15,  19-21.) 
Sect.  8,  fourth  and  fifth  sentences  revised,  1952,  605  §  10.     (See 

1952,  605  §§  15,  19-21.) 

Sect.  9  amended,  1952,  605  §  11.    (See  1952,  605  §§  15,  19-21.) 

Sect.  10,  subsection  (a)  amended,  1950,  545;  section  revised,  1952, 
605  §  12.    (See  1952,  605  §§  15,  19-21.) 

Sect.  lOA  repealed,  1949,  593  §  2. 

Sect.  11  revised,  1952,  605  §  13.    (See  1952,  605  §§  15,  19-21.) 

Sect.  12  amended,  1949,  593  §  3;  revised,  1952,  605  §  14.  (See  1952, 
605  §§  15,  19-21.) 

Sect.  13  amended,  1949,  593  §  4. 

Sect,  13A  added,  1953,  619  §  1  (relative  to  payments  by  the  common- 
wealth for  damages  to  property  caused  by  acts  of  certain  inmates  of 
institutions  under  management  of  the  Youth  Service  Board).     (See 

1953,  619  §  2.) 

Sect.  14  amended,  1954,  685  §  2. 

Chapter  121.  —  Powers  and  Duties  of  the  Department  of  Public  Welfare^ 
and  the  Massachusetts  Hospital  School. 

Sect.  3  revised,  1952,  602  §  11. 

Sect.  4A  added,  1941,  630  §  3  (relative  to  information  concerning 
recipients  of  old  age  assistance  and  aid  to  dependent  children) ;  revised, 
1945,  240  §  2. 

Sect.  6  amended,  1941,  351  §  11;  1948,  310  §  25.  (See  1948,  310 
§§  30,  31.) 

Sect.  7  amended,  1941,  351  §  12;  revised,  1941,  404;  amended, 
1948,  310  §  26;  revised,  1952,  602  §  12.    (See  1948,  310  §§  30,  31.) 

Sect.  8 A  added,  1935,  311  §  2  (relative  to  funds  received  by  the  di- 
rector of  the  division  of  aid  and  relief  for  the  benefit  of  persons  under  the 
care  and  supervision  of  the  department);  revised,  1941,  523;  amended, 
1950,  162  §  4;  revised,  1954,  126  §  4. 

Sect.  8B  added,  1941,  618  (relative  to  the  disposition  of  certain  un- 
claimed moneys  held  by  the  division  of  child  guardianship  for  the 
benefit  of  certain  wards  thereof) . 

Sect.  9  amended,  1941,  351  §  13. 

Sect.  9A  added,  1934,  167  (relative  to  the  interstate  transportation 
of  poor  and  indigent  persons) ;  sentence  added  at  end,  1945,  458  §  3. 

Sect.  12  amended,  1941,  351  §  14. 


Chap.  121.]  GENERAL   LaWS.  939 

Sect.  13  amended,  1941,  351  §  15. 

Sect.  15  amended,  1941,  351  §  16;   repealed,  1948,  310  §  27.     (See 
1948,  310  §§  30,  31.) 
Sect.  22A  repealed,  1948,  618  §  2.     (See  1948,  618  §  3.) 
Sect.  23  (and  caption)  amended,  1933,  364  §  2;   section  amended, 

1935,  449  §  2;  revised,  1935,  475  §  3.     (See  1933,  364  §  8.) 
Sect.  24  amended,  1933,  364  §  3.     (See  1933,  364  §  8.) 

Sect.  24A  added,  1935,  449  §  2 A  (authorizing  the  acceptance  and 
use  by  the  state  board  of  housing  of  grants  of  federal  funds) . 

Sect.  24B  added,  1935,  485  §  1  (authorizing  the  state  board  of  housing 
to  take  land  by  eminent  domain  in  order  to  aid  or  co-operate  with  the 
United  States  with  respect  to  federal  housing  projects). 

Sect.  25  revised,  1933,  364  §  4.     (See  1933,  364  §  8.) 

Sect.  26  amended,  1933,  364  §  5;  revised,  1935,  475  §  4;  amended, 

1936,  211  §  6;    1947,  340  §  6;    two  paragraphs  added  at  end,  1954, 
643J  2.    (See  1933,  364  §  8;  1936,  211  §  7.) 

Sects.  26A-26H  added,  1933,  364  §  6  (relative  to  the  powers  and 
duties  of  the  state  board  of  housing,  and  to  limited  dividend  corpora- 
tions under  its  control.)     (See  1933,  364  §  8.) 

Sect.  26H  revised,  1935.  449  §  3. 

Sects.  26A-26H  repealed,  1945,  654  §  2. 

Sects.  26I-26BB,  under  caption  "housing  authorities",  added, 
1935,  449  §  5  (relative  to  the  establishment,  powers  and  duties,  and 
discontinuance,  of  local  housing  authorities). 

Sects.  26I-26BB  stricken  out  and  new  sections  261-261 1  inserted,  1938, 
484  §  1  (to  relate  the  Massachusetts  Housing  Authority  Law  to  the  United 
States  Housing  Act  of  1937).     (See  1938,  484  §  2;   1941,  269  §  2;   1941,317.) 

Sects.  261-261 1  stricken  out  and  new  sections  26I-26NN  inserted,  1946, 
574  §  1.     (See  1946,  574  §  2.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  sections  261  to  26NN  as  so  inserted: 

Sect.  261  amended,  1948,  200  §  1;   1952,  617  §  1;   1953,  668  §  2. 

Sect.  26 J  amended,  1953,  668  §  3;  definition  of  "Housing  author- 
ity" or  "Authority"  stricken  out  and  definition  of  "Housing  authority" 
inserted,  1952,  617  §  2;  definition  of  "Housing  board"  or  "board" 
revised,  1948,  260  §  4;  definition  of  "Federal  legislation"  revised,  1953, 
647  §  10;  definition  of  "Low-rent  housing"  amended,  1953,  668  §  4; 
definition  of  "Elderly  persons  of  low  income"  inserted,  1953,  668  §  3; 
definition  of  "BUghted  open  area"  inserted,  1953,  647  §  12;  definition 
of  "Decadent  area"  revised,  1953,  647  §  11;  definition  of  "Land  as- 
sembly and  redevelopment  project"  revised,  1953,  647  §  13;  definition 
of  "Land  assembly  and  redevelopment  plan"  amended,  1953,  647  §  14; 
definition  of  "Mayor"  inserted,  1951,  322;  revised,  1954,  71  §  1;  def- 
inition of  "Redevelopment  authority"  and  "Relocation  project"  in- 
serted, 1952,  617  §  3;  definition  of  "Veterans"  revised,  1948,  200  §  2; 
definition  of  "Servicemen"  and  "Veterans"  stricken  out  and  definitions 
of  "Serviceman"  and  "Veteran"  inserted,  1949,  760  §  1;  definition  of 
"Veteran"  revised,  1950,  624  §  1;  1951,  441  §  1;  1952,  616  §  1.  (See 
1950,  624  §  2;   1951,  441  §  2;   1952,  616  §  2.) 

Sect.  26K,  first  paragraph  amended,  1954,  72  §  1 ;  second  paragraph 
amended,  1953,  647  §  15;  1953,  668  §  5;  paragraph  added,  1954,  72  §  2. 


940  Changes  in  the  [Chaj.  121. 

Sect.  26L,  sentence  inserted  after  second  sentence,  1954,  428  §  1; 
fourth  sentence  revised,  1949,  688.    (See  1954,  428  §§3,  4.) 

Sect.  26M,  sentence  added  at  end,  1954,  428  §  2.  (See  1954,  428 
§§  3,  4.) 

Sect.  26P,  paragraph  (6)  amended,  1952,  617  §  5;  1953,  647  §  16, 
668  §  6. 

Sect.  26Q,  last  sentence  revised,  1950,  105  §  2. 

Sect.  26BB  amended,  1953,  647  §  17. 

Sect.  26CC  revised,  1950,  486. 

Sect.  26DD  amended,  1953,  654  §  94. 

Sect.  26FF,  clause  (c)  revised,  1949,  760  §  2;  clause  (d)  revised,  1954, 
625;  clause  (e)  amended,  1948,  51;  1950,  479  §  5;  clause  (/)  revised, 
1949,  760  §  3;  paragraph  added  at  end,  1950,  631;  sentence  added  at 
end,  1951,  313;   1954,  629. 

Sect.  26GG  revised,  1949,  760  §  4.  ^ 

Sect.  26JJ  revised,  1953,  647  §  18. 

Sect.  26KK,  second  paragraph  revised,  1947,  486;  amended,  1953, 
409  §  8;  section  revised,  1953,  647  §  18. 

Sect.  26MM  amended,  1953,  647  §  19. 

Sect.  26NN  stricken  out  and  sections  26NN-26QQ  inserted,  1948, 
200  §  3  (relative  to  state-aided  projects). 

Sect.  26NN,  sentence  inserted  after  first  sentence,  1949,  742  §  1; 
last  sentence  of  first  paragraph  revised,  1951,  456;  amended,  1952, 
550  §  4;  revised,  1954,  507  §  1,  667  §  2;  last  sentence  of  fifth  para- 
graph revised,  1952,  550  §  2;  subdivision  (a),  first  paragraph  revised, 
1949,  742  §  2;  amended,  1954,  507  §  2;  subdivision  (a),  second  para- 
graph amended,  1952,  550  §  1;  subdivision  (a),  third  paragraph 
amended,  1949,  742  §  3;  1954,  676,  507  §  3;  subdivision  (6),  first 
sentence  revised,  1952,  550  §  3;  subdivision  (6),  first  paragraph,  sen- 
tence added  at  end,  1949,  713;  subdivision  (6),  second  paragraph 
amended,  1949,  742  §  4;  1950,  753;  subdivision  (d)  added,  1949,  682 
§  1;  subdivision  (e)  added,  1950,  386;  revised,  1952,  550  §  5;  subdivi- 
sion (f)  added,  1953,  508;  subdivision  {g)  added,  1954,  116.  (See  1949, 
682  §  2;   1952,  550  §§  6,  7;   1954,  507  §  4.) 

Sect.  26QQ  and  caption  preceding  it  stricken  out  and  new  section 
inserted,  1952,  617  §  4  (relative  to  creating  redevelopment  author- 
ities). 

Sect.  26RR  added,  1952,  617  §  6  (relative  to  contracts  for  state 
financial  assistance  for  housing);  third  paragraph  amended,  1953,  647 
§20. 

Sect.  26SS  added,  1952,  617  §  7  (providing  a  severabihty  clause  in 
case  of  a  finding  of  invalidity  or  unconstitutionaUty  of  any  part  of  this 
act);  stricken  out  and  sections  26SS-26WW  inserted,  1953,  668  §  1 
(to  provide  for  the  housing  of  elderly  persons). 

Sects.  26SS-26VV  revised,  1954,  667  §  1. 

Sect.  27  repealed,  1933,  364  §  7. 

Sects.  28-37  repealed,  1954,  508  §  2.    (See  1954,  508  §§  3-5.) 

Sect.  31  amended,  1948,  559. 

Sect.  39  amended,  1941,  351  §  17. 

Sect.  40  amended,  1941,  656  §  13.     (See  1941,  656  §  17.) 

Sect.  42  amended,  1932,  180  §  22;  1941,  406;  two  sentences  added 
at  end,  1952,  303. 


Chaps.  121A,  122.]  GENERAL   LawS.  941 


Chapter  121A.  —  Urban  Redevelopment  Corporations. 
New  chapter  inserted,  1945,  654  §  1. 

Sect.  1,  definition  of  "Decadent  area"  amended,  1947,  15;  revised, 
1953,  647  §  1;  amended,  1954,  73  §  1;  paragraph  added  at  end,  1954, 
73  §  2. 

Sects.  2  and  3  revised,  1953,  647  §  1. 

Sect.  6,  first  two  paragraphs  stricken  out  and  four  paragraphs  in- 
serted, 1953,  647  §  2. 

Sect.  7,  first  two  paragraphs  revised,  1947,  487  §  1. 

Sect.  7A  added,  1946,  574  §  3  (relative  to  acquisition  from  housing 
authorities  of  sites  for  urban  redevelopment). 

Sect.  10,  two  paragraphs  added  at  end,  1953,  647  §  3. 

Sect.  12,  paragraph  added  at  end,  1947,  487  §  2. 

Sect.  15,  first  paragraph  revised,  1953,  647  §  4. 

Sect.  16  stricken  out  and  sections  16  and  16A  inserted,  1953,  647  §  5. 

Sect.  17  repealed,  1953,  647  §  6. 

Sect.  18,  paragraph  (a)  revised,  1953,  647  §  7;  paragraph  (e)  re- 
vised, 1953,  647  §  8. 

Sect.  18A  added,  1946,  129  (authorizing  savings  banks  to  invest  in 
urban  redevelopment  projects). 

Sect.  18B  added,  1953,  647  §  9  (relative  to  the  forming  of  urban 
redevelopment  corporations) . 


Chapter  122.  —  Tewksbury  State  Hospital  and  Infirnnary  (former  title.  State 

Infirmary). 

Sect.  1  amended,  1941,  351  §  19;  revised,  1941,  596  §  25. 

Sect.  2  amended,  1941,  351  §  20. 

Sect.  2A  amended,  1941,  351  §  21. 

Sects.  2B-2E  added,  1936,  295  (relative  to  Patients'  Funds  at  the 
state  infirmary  and  the  disposition  of  unclaimed  property  and  moneys 
represented  by  bank  books  belonging  to  former  patients) . 

Sect.  2B  amended,  1941,  351  §  22;  revised,  1946,  331;  1950,  162 
§  5;  1954,  126  §  5. 

Sect.  2C  amended,  1941,  351  §  23. 

Sect.  2D  revised,  1941,  351  §  24. 

Sect.  2E  revised,  1941,  351  §  25. 

Sect.  3  amended,  1941,  351  §  26. 

Sect.  4  amended,  1941,  351  §  27. 

Sect.  5  amended,  1941,  351  §  28. 

Sect.  6  amended,  1933,  345;   1941,  351  §  29. 

Sect.  8  amended,  1941,  351  §  30. 

Sect.  10  amended,  1941,  351  §  31. 

Sect.  13  amended,  1941,  351  §  32. 

Sect.  14  amended,  1941,  351  §  33. 

Sect.  15  amended,  1936,  325;  1941,  351  §  34. 

Sect.  16  amended,  1941,  351  §  35. 

Sect.  17  amended,  1941,  351  §  36. 

Sect.  18  amended,  1936,  378;  1941,  351  §  37;  revised,  1941,  412; 
first  sentence  amended,  1943,  275  §  2;  fourth  sentence  stricken  out  and 
two  sentences  inserted,  1943,  476;    section  revised,  1945,  583;    first  sen- 


942  Changes  in  the  [Chap.  123. 

tence  revised,  1951,  480;  fifth  sentence  amended,  1947,  618;  revised, 
1948,  546;  1949,  766;  1951,  489;  eighth  sentence  revised.  1952,  342; 
section  revised,  1953,  636  §  3.    (See  1939,  454  §  21;   1953,  636  §  9.) 

Sect.  20  amended,  1941,  351  §  38;  revised,  1950,  441  §  1. 

Sect.  20A  added,  1941,  201  (penalizing  the  unlawful  possession, 
handling  or  consumption  of  certain  things  by  inmates  of  said  hospital 
and  infirmary). 

Sect.  21  amended,  1953,  319  §  16.    (See  1953,  319  §§  39,  40.) 

Sect.  23  amended,  1941,  351  §  39. 

Sect.  24  revised,  1941,  191. 

Chapter  123.  —  Commitment  and  Care  of  the  Insane  and  Other  Mental 

Defectives. 

For  legislation  relative  to  the  establisliment  of  the  Norfolk  state 
hospital  for  the  care  of  the  criminal  insane,  see  1935,  421;  1939,  485; 
1941,  194  §§  20,  21,  722  §§  12,  13. 

Sect.  1,  definition  of  "commissioner"  and  "department"  revised, 
1938,  486  §  7. 

Sect.  4  revised,  1938,  486  §  8. 

Sect.  7,  two  sentences  added  at  end,  1954,  598  §  1. 

Sect.  8,  second  sentence  stricken  out,  1953,  612  §  9. 

Sect.  8A  added,  1935,  301  (providing  for  co-operation  between  the 
departments  of  mental  diseases  and  public  works  relative  to  roads  at 
Btate  hospitals). 

Sect.  10  amended,  1941,  490  §  25. 

Sect.  13  revised,  1936,  286. 

Sect.  15  amended,  1941,  656  §  14.     (See  1941,  656  §  17.) 

Sect.  16  revised,  1938,  486  §  9;  amended,  1939,  500  §  1 ;  1947,  429  §  1; 
1951,  497;  1954,  189;  second  sentence  revised,  1954,  598  §  2.  (See 
1946,  324;  1947,  429  §  2.) 

Sect.  16A  amended,  1938,  486  §  10. 

Sect.  19  repealed,  1935,  163. 

Sect.  20A  added,  1945,  311  (relative  to  commitment  to  the  Veterans 
Administration  or  other  agencies  of  the  United  States  of  certain  war 
veterans  for  care  and  treatment). 

Sect.  22  revised,  1941,  351  §  40,  706;  repealed,  1950,  441  §  2. 

Sect.  22A  amended,  1941,  194  §  7. 

Sect.  25  amended,  1935,  314  §  3,  421  §  4;  1950,  684  §  3;  1954, 
469  §  4.    (See  1935,  421  §  6;  1950,  684  §§  11,  12;  1954,  469  §  5.) 

Sect.  26  repealed,  1938,  486  §  11. 

Sect.  28  revised,  1938,  486  §  12;   1945,  638;   1954,  598  §  3. 

Sect.  29  revised,  1938,  486  §  13;    clause  (f)  added,  1954,  598  §  5. 

Sect.  30  revised,  1938,  486  §  14. 

Sect.  31  revised,  1938,  486  §  15. 

Sect.  32  revised,  1933,  115;  1938,  486  §  16. 

Sect.  35  revised,  1946,  33  §  1. 

Sect.  36  revised,  1939,  500  §  12. 

Sect.  37  revised,  1946,  33  §  2. 

Sect.  39,  sentence  added  at  end,  1936,  291  §  1 ;  section  revised,  1950, 
162  §  6;  1954,  126  §  6. 

Sect.  39A  amended,  1936,  291  §  2;  first  sentence  amended,  1954,  455. 

Sect.  39B  added,  1932,  204  (relative  to  the  disposition  of  unclaimed 


Chap.  123.]  GENERAL   LaWS.  943 

belongings  at  certain  state  hospitals,  known  as  "patients'  valuables"); 
revised,  1936,  291  §  3. 

Sect.  39C  added,  1933,  256  (relative  to  the  disposition  of  moneys 
represented  by  certain  bank  books  belonging  to  former  patients  of 
certain  state  hospitals);  revised,  1936,  291  §  4. 

Sect.  40  amended,  1939,  500  §  13. 

Sect.  43  repealed,  1939,  500  §  2. 

Sect.  45  amended,  1938,  486  §  17;  1950,  684  §  4.  (See  1938,  486 
§§  21,  22;  1950,  684  §§  11,  12.) 

Sect.  46  amended,  1938,  486  §  18;  1950,  684  §  5.  (See  1938,  486 
§§21,22;  1950,  684  §§11,  12.) 

Sect.  47  revised,  1938,  486  §  19;  1945,  467.     (See  1938,  486  §§21,  22.) 

Sect.  48  repealed,  1952,  307. 

Sect.  49  amended,  1945,  451;  repealed,  1952,  307. 

Sect.  50  revised,  1935,  314  §  4. 

Sect.  51  amended,  1950,  684  §  6.     (See  1950,  684  §§11,  12.) 

Sect.  52  amended,  1932,  85. 

Sect.  53  revised,  1941,  645  §  1. 

Sect.  56  repealed,  1939,  500  §  4. 

Sect.  62  amended,  1941,  655  §  1. 

Sect.  66,  paragraph  added  at  end,  1939,  500  §  6;  first  sentence 
amended,  1945,  24;  1950,  684  §  7;  sentence  inserted  after  first  sentence, 
1954,  218.     (See  1950,  684  §§  11,  12.) 

Sect.  66A  amended,  1941,  194  §  8;  revised,  1954,  685  §  3. 

Sect.  67A  added,  1950,  684  §  8  (relative  to  the  disposition  of  certain 
inmates  at  Myles  Standish  state  school). 

Sect.  69,  sentence  added  at  end,  1945,  227. 

Sect.  73  revised,  1947,  194. 

Sect.  77,  first  sentence  amended,  1935,  314  §  5;  section  revised,  1939, 
500  §  5. 

Sect.  78,  first  sentence  revised,  1935,  314  §  6. 

Sect.  79,  first  sentence  revised,  1935,  314  §  7;  section  revised,  1939, 
500  §  7;  amended,  1941,  216  §  1;  revised,  1941,  645  §  2. 

Sect.  80  amended,  1939,  500  §  8. 

Sect.  82  amended,  1939,  500  §  9. 

Sect.  84  revised,  1941,  481;  amended,  1941,  490  §  26;  revised,  1941, 
722  §  10. 

Sect.  86  amended,  1935,  314  §  8;  revised,  1939,  500  §  10. 

Sect.  86A  added,  1947,  517  (providing  for  the  reception  in  certain 
state  institutions  under  the  department  of  mental  health  of  certain 
mentally  ill  children). 

Sect.  87  amended,  1939,  500  §  11;  revised,  1945,  454. 

Sect.  88A  revised,  1945,  25. 

Sect.  89  revised,  1941,  216  §  3;  last  sentence  revised,  1950,  571; 
1954,  685  §  4. 

Sect.  89A  amended,  1941,  194  §  9. 

Sect.  89B  amended,  1938,  254  §  1;   1941,  194  §  10;   1950,  733. 

Sect.  90,  first  sentence  amended,  1932,  180  §  23. 

Sect.  91  amended,  1950,  684  §  9.     (See  1950,  684  §§  11,  12.) 

Sect.  93  amended,  1950,  684  §  10.     (See  1950,  684  §§  11,  12.) 

Sect.  94A  added,  1947,  681  (providing  for  the  adjudication  of  resto- 
ration of  soundness  of  mind) ;  third  sentence  stricken  out  and  three 
sentences  inserted,  1952,  535. 


944  Changes  in  the  Chaps.  123A-125.] 

Sect.  96  amended,  1941,  351  §  41;  first  paragraph  revised,  1954, 
598  §  4;  second  paragraph  amended,  1950,  485  §  2;  third  paragraph 
revised,  1941,  398. 

Sect.  lOOA  amended,  1941,  194  §  11;  1953,  319  §  17.  (See  1953, 
319  §§  39,  40.) 

Sect.  102  revised,  1934,  15;  paragraph  added  at  end,  1938,  226; 
amended,  1947,  459;  section  amended,  1941,  344  §  3;  second  paragraph 
amended,  1952,  396. 

Sect.  105  revised,  1936,  130;  first  paragraph  amended,  1945,  50; 
last  paragraph  amended,  1939,  54;   1941,  216  §  2. 

Sect.  110  amended,  1937,  136. 

Sect.  113  amended,  1941,  194  §  12;  revised,  1943,  185  §  1;  amended, 
1947,  684  §  1;  first  sentence  amended,  1948,  310  §  28;  section  revised, 

1952,  608  §  1;  second  paragraph  amended,  1954,  404  §  2;  last  paragraph 
amended,  1954,  404  §  3;  section  revised,  1954,  685  §  1.  (See  1948, 
310  §§  30-31;   1953,  645;   1954,  404  §  1.) 

Sect.  114  revised,  1943,  185  §  2;  1948,  310  §  29;  repealed,  1952, 
608  §  2.     (See  1948,  310  §§  30-31.) 

Sect.  115  revised,  1943,  185  §  3;  1946,  557  §  1;  1947,  684  §  2. 

Sect.  116  revised,  1943,  185  §  4;  repealed,  1952,  608  §  2. 

Sect.  117  amended,  1941,  655  §  2. 

Sect.  117A  added,  1936,  32  (providing  in  certain  cases  for  the  return 
to  penal  institutions  of  prisoners  removed  therefrom  to  departments 
for  defective  delinquents) ;  revised,  1943,  185  §  5. 

Sect.  118  revised,  1938,  254  §  2;  1943,  185  §  6;  amended,  1945,  150; 
revised,  1946,  557  §  2;   1947,  684  §  3. 

Sect.  118A  added,  1947,  684  §  3  (relative  to  the  parole  of  defective 
delinquents). 

Sect.  119  revised,  1938,  254  §  3. 

Chapter  123A.  —  Care,  Treatment  and  Rehabilitation  of  Sexual  Offenders 
and  Victims  of  Such  Offenders  (former  title,  Care,  Treatment  and 
Rehabilitation  of  Sexual  Psychopaths). 

New  chapter  inserted,  1947,  683. 

Chapter  stricken  out  and  new  chapter  123A  (with  new  title)  inserted,  1954, 
686  §  1.     (See  1954,  686  §  2.) 

Chapter  124.  —  Powers  and  Duties  of  the  Department  of  Correction. 

Sect.  1  amended,  1939,  451  §  38;  1941,  344  §  4. 
Sect.  5  amended,  1941,  344  §  5. 
Sect.  6  amended,  1936,  23  §  2;  1939,  451  §  39. 
Sect.  7  amended,  1939,  451  §  40;  repealed,  1954,  567  §  3.  (See 
1954,  567  §  10). 
Sect.  8  amended,  1935,  48  §  1;  1953,  319  §  18.  (See  1935,  48  §  2; 

1953,  319  §§  39,  40.) 

Chapter  125.  —  Penal  and  Reformatory  Institutions  of  the  Commonwealth. 

Sect.  2  amended,  1941,  344  §  6. 

Sect.  3  amended,  1941,  344  §  7. 

Sect.  4  amended,  1932,  282  §  3;  1941,  344  §  8. 

Sect.  4A  added,  1939,  360  §  1  (changing  the  minimum  age  require- 


Chaps.  126,  127.]  GENERAL   LaWS.  945 

ment  for  appointment  of  correction  officers  at  certain  state  penal  and 
reformatory  institutions).     (See  1939,  238  §  50.) 

Sect.  6A  added,  1945,  537  §  1  (establishing  the  office  of  treasurer 
at  certain  state  penal  and  reformatory  institutions).  (See  1945,  537 
§5.) 

Sect.  8  revised,  1948,  422. 

Sect.  10  revised,  1937,  20  §  1.     (See  1937,  20  §  2.) 

Sect.  11  amended,  1935,  437  §  1;  revised,  1953,  591  §  1.  (See  1935, 
437  §  8;   1953,  591  §§  2-6.) 

Sect.  13  amended,  1936,  276;   1939,  360  §  2. 

Sect.  14,  third  sentence  stricken  out,  1945,  537  §  2. 

Sect.  22  revised,  1946,  591  §  44. 

Sect.  26  amended,  1945,  537  §  3. 

Sect.  29  revised,  1946,  591  §  45. 

Sect.  30  amended,  1932,  180  §  24. 

Sect.  34  revised,  1945,  537  §  4. 

Sects.  39-41  (and  heading  before  said  section  39)  repealed,  1941, 
344  §  9. 

Sect.  46  repealed,  1941,  596  §  26. 

Sect.  48A  added,  1950,  769  (authorizing  the  estabhshment  of  a 
clinic  for  alcoholics  at  the  state  farm). 

Sect.  49  revised,  1936,  125. 

Chapter  126.  —  Jails,  Houses  of  Correction  and  Reformation,  and  County 

Industrial  Farms. 

Sect.  9A  added,  1948,  469  (relative  to  the  wearing  of  uniforms  by 
certain  officers  and  employees  of  county  penal  institutions). 

Sect.  16  revised,  1937,  219  §  6. 

Sect.  18A  added,  1953,  355  (relative  to  indemnification  by  counties 
of  certain  officers  sustaining  expenses  or  damages  by  reason  of  wilful 
acts  of  inmates). 

Sect.  37  amended,  1936,  228. 

Chapter  127.  —  Officers  and  Inmates  of  Penal  and  Reformatory  Institutions, 

Paroles  and  Pardons. 

Sect.  1  revised,  1941,  490  §  27. 

Sect.  2  amended,  1941,  344  §  10. 

Sect.  10  amended,  1936,  23  §  3;  1941,  656  §  15.     (See  1941,  656  §  17.) 

Sect.  11  revised,  1941,  344  §  11. 

Sect.  12  amended,  1941,  344  §  12. 

Sect.  14  amended,  1939,  200. 

Sect.  16,  last  sentence  stricken  out,  1933,  77  §  1;  section  amended, 
1941,  344  §  13;  revised,  1948,  129  §  8. 

Sect.  17  revised,  1933,  77  §  2. 

Sect.  18  amended,  1933,  77  §  3. 

Sect.  23  amended,  1941,  69. 

Sect.  35  amended,  1941,  344  §  14. 

Sect.  36  revised,  1941,  237  §  1. 

Sect.  37  revised,  1941,  237  §  2. 

Sect.  38A  added,  1953,  295  (penalizing  prisoners  in  certain  correc- 
tional institutions  who  hold  persons  as  hostages). 

Sect.  48A  revised,  1946,  461  §  1. 


946  Changes  in  the  [Chap.  127. 

Sect.  50  revised,  1941,  344  §  15. 

Sect.  51  amended,  1941,  344  §  16. 

Sect.  67A  added,  1932,  252  §  1  (regulating  the  sale  of  prison  made 
goods).     (See  1932,  252  §  2.) 

Sect.  71  revised,  1941,  344  §  17;  1946,  461  §  2. 

Sect.  72  amended,  1941,  344  §  18;  revised,  1941,  436  §  1.  (See  1941, 
436  §  2.) 

Sect.  78  and  sections  79-82  (and  heading  preceding  said  section  79) 
repealed,  1941,  344  §  19. 

Sects.  83A-83D  added,  1951,  755  (relative  to  the  establishment  of 
prison  camps  in  state  forests). 

Sect.  84  amended,  1941,  490  §  28. 

Sect.  85  revised,  1950,  727  §  1. 

Sect.  86  revised,  1950,  727  §  2. 

Sect.  87  amended,  1941,  344  §  20. 

Sect.  90A  revised,  1938,  65;   1951,  394;  amended,  1952,  299. 

Sect.  96  amended,  1941,  351  §  42. 

Sects.  96A  and  96B  added,  1936,  383  (providing  for  the  disposition 
of  unclaimed  money  and  property  of  former  prisoners). 

Sect.  96A  amended,  1945,  290. 

Sect.  97  revised,  1943,  113. 

Sect.  109  repealed,  1941,  344  §  21. 

Sect.  109B  added,  1935,  113  §  1  (relative  to  the  transfer  of  certain 
prisoners  from  the  Massachusetts  Reformatory  to  the  State  Prison). 
(See  1935,  113  §  2.) 

Sect.  Ill  A  added,  1933,  169  (relative  to  transfers  of  defective  de- 
linquents and  drug  addicts  from  one  institution  to  another  under  the 
department  of  correction). 

Sect.  117  revised,  1941,  510  §  1;   1943,  120. 

Sect.  118  revised,  1938,  456;  amended,  1941,  351  §  43;  revised,  1941, 
510  §  2. 

Sect.  123  amended,  1941,  510  §  3. 

Sect.  125  amended,  1946,  148. 

Sect.  127  amended,  1938,  71;  1941,  70;  1941,  690  §  5A;  sentence 
added  at  end,  1945,  449  §  2;  amended,  1953,  215  §  1.  (See  1941, 
690  §§  8-10;   1953,  215  §  2.) 

Sect.  128  amended,  1939,  451  §  41 ;  revised,  1941,  690  §  1.  (See  1941, 
690  §§  8-10.) 

Sects.  129-139  stricken  out  and  new  sections  129-136A  inserted,  1941, 
690  §  2.     (See  1941,  690  §§  8-10.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  sections  129-136A  as  so  inserted: 

Sect.  129,  third  sentence  amended,  1945,  49  §  1;  section  revised, 
1946,  543  §  1;  sentence  added  at  end,  1947,  131  §  1;  section  revised, 
1948,  450  §  1 ;  third,  fourth  and  fifth  paragraplis  revised,  1954,  567  §  4. 
(See  1945,  49  §  2;  1946,  543  §  6;  1947,  131  §  2;  1948,  450  §  3;  1954, 
567  §  10.) 

Sect.  130  revised,  1946,  543  §  2;  1948,  450  §  2.  (See  1946,  543  §  6; 
1948,  450  §  3.) 

Sect.  132  revised,  1946,  543  §  3;  last  sentence  revised,  1954,  567  §  5. 
(See  1946,  543  §  6;  1954,  567  §  10.) 


Chap.  128.]  GENERAL  LaWS.  947 

Sect.  133  amended,  1946,  254. 

Sect.  134  revised,  1946,  543  §  4.     (See  1946,  543  §  6.) 

Sect.  135,  last  sentence  revised,  1954,  567  §  6.    (See  1954,  567  §  10.) 

Sect.  136  revised,  1946,  543  §  5.     (See  1946,  543  §  6.) 

Sect.  136A  amended,  1951,  33. 

Sect.  141  amended,  1941,  174  §  1;  revised,  1947,  578. 

Sect.  144  amended,  1950,  460. 

Sect.  145  amended,  1953,  319  §  19.    (See  1953,  319  §§  39,  40.) 

Sect.  146  revised,  1932,  221  §  1. 

Sect.  149  amended,  1939,  451  §  51;  revised,  1941,  174  §  2;  amended, 
1941,  690  §  3;  revised,  1946,  424  §  1.  (See  1941,  690  §§  8-10;  1946, 
424  §  2.) 

Sect.  151,  last  sentence  amended,  1932,  180  §  25. 

Sects.  151A-151G  added,  under  the  heading  "interstate  super- 
vision OF  PROBATIONERS  AND  PAROLEES ",  1937,  307  §  1  (providing  for 
the  entry  of  this  commonwealth  into  compacts  with  any  of  the  United 
States  for  mutual  helpfulness  in  relation  to  persons  convicted  of  crimes 
or  offences  who  are  on  probation  or  parole).    (See  1937,  307  §  2.) 

Sect.  152  revised,  1939,  479;  sentence  inserted  after  second  sentence, 
1948,  310  §  21;  second  paragraph  revised,  1951,  42;  1952,  256;  para- 
graph inserted  after  third  paragraph,  1951,  773;  sentence  added  at  end 
of  fourth  paragraph,  1941,  297;  same  sentence  stricken  out,  1945, 
38  §  8;  section  revised,  1954,  567  §  7.  See  1945,  180.  (See  1948,  310 
§§  30,  31;   1954,  567  §  10.) 

Sect.  153,  See  1945,  180. 

Sect.  154  amended,  1939,  451  §  52;  revised,  1-941,  690  §  4;  1954, 
567  §  8.    See  1945,  180.    (See  1941,  690  §§  8-10;  1954,  567  §  10.) 

Sect.  154A  added,  1935,  225  (requiring  consideration  by  the  advisory 
board  of  pardons  of  the  cases  of  certain  life  prisoners  on  the  question  of 
extending  clemencv) ;  amended,  1939,  451  §  53. 

Sect.  155  revised,  1954,  567  §  9.    (See  1954,  567  §  10.) 

Sect.  158  revised,  1941,  344  §  24. 

Sect.  160  revised,  1941,  344  §  25;  1943,  433;  last  sentence  stricken 
out,  1945,  512. 

Sect.  162  revised,  1951,  467. 

Sects.  166-169  added,  1939,  484  (regulating  the  payment  or  receipt 
of  money  or  other  rewards  or  gratuities  for  the  purpose  of  obtaining  the 
granting  of  any  pardon,  parole,  or  commutation  of  or  respite  from 
spntpnop  / 

Sects.  166  and  167  revised,  1941,  690  §  5.    (See  1941,  690  §§  8-10.) 

Chapter  128.  —  Agriculture. 

Sect.  1  amended,  1941,  490  §  29. 

Sect.  1A  added,  1952,  386  (defining  "agriculture"  and  "farming"). 

Sect.  2,  paragraph  (a)  revised,  1941,  490  §  30;  paragraph  (/)  amended, 
1937,  415  §  1;  1938,  230;  paragraph  (g)  added,  1933,  291  §  1;  same 
paragraph  repealed,  1941,  598  §  3. 

Sect.  6  amended,  1933,  291  §  2;   1941,  598  §  4. 

Sect.  8A  added,  1943,  495  (relative  to  the  control  or  destruction  of 
certain  rodents  by  the  commissioner  of  agriculture);  amended,  1946, 
366. 

Sect.  10  amended,  1934,  340  §  10.    (See  1934,  340  §  18.) 


948  Changes  in  the  [Chap.  128A. 

Sect.  13  amended,  1934,  340  §  11.    (See  1934,  340  §  18.) 

Sects.  16-31A  affected,  1939,  405. 

Sect.  16  amended,  1941,  490  §  32. 

Sect,  20 A  added,  1953,  91  (relative  to  the  control  of  water  chestnut). 

Sect.  21  revised,  1948,  303  §  1. 

Sect.  22  amended,  1941,  490  §  33;  repealed,  1952,  480  §  2.  (See 
1952,  480  §  3.) 

Sect.  23  amended,  1941,  490  §  34. 

Sect.  24A  added,  1939,  136  (providing  for  the  control  of  the  Dutch 
elm  disease) ;  repealed,  1949,  761  §  13. 

Sect.  27  revised,  1938,  309;   1948,  303  §  2. 

Sect.  31A  revised,  1943,  144. 

Sects.  32-38  revised,  1951,  506. 

Sect.  39  repealed,  1933,  74  §  2. 

Sect.  42  revised,  1932,  166;  paragraph  added  at  end,  1947,  180. 

Chapter  128A.  —  Horse  and  Dog  Racing  Meetings. 
New  chapter  inserted,  1934,  374  §  3. 

Sect.  2,  subsection  (5)  amended,  1946,  575  §  1 ;  subsection  (7) 
amended,  1950,  716. 

Sect.  3,  first  paragraph  revised,  1935,  454  §  2;   1943,  269;  clause  (6) 
revised,  1946,  575  §  2;   clause  (c)  amended,  1941,  382;   clause  (d)  re- 
vised, 1946,  575  §  3;    1953,  663;    clause  (e)  revised,  1939,  505  §  1 
clause  (/)  amended,  1935,  454  §  3;   clause  (h)  amended,  1935,  454  §  4 
clause  (i)  revised,  1939,  505  §  2;    clause  (j)  revised,  1946,  575  §  4 
clause  (n)  added,  1935,  239  (forbidding  the  licensed  racing  of  horses 
and  dogs  under  the  pari-mutuel  system  of  betting,  on  publicly  owned 
premises);    clause  (w)  added,  1935,  471  §  1   (forbidding  the  licensed 
racing  of  dogs  under  such  system,  in  certain  residential  neighborhoods) ; 
designation  of  the  clause  added  by  1935,  471  §  1  changed  from  (n) 
to  (o),  1936,  405  §  3.    (See  1935,  471  §  2;   1939,  505  §  3.) 

Sect.  4,  second  paragraph  amended,  1947,  567;  revised,  1949,  521; 
last  paragraph  revised,  1939,  356. 

Sect.  5,  first  paragraph  revised,  1935,  454  §  1;  paragraph  inserted 
after  first  paragraph,  1946,  252;  second  paragraph,  as  appearing  in 
1934,  374  §  3,  revised,  1936,  351;  1946,  575  §  5;  second  sentence  of 
same  paragraph  amended,  1953,  311  §  1;  third  paragraph,  as  so  ap- 
pearing, revised,  1936,  351;  1939,  473;  first  sentence  of  same  paragraph 
revised,  1946,  381  §  1;  575  §  7;  1949,  294  §  1;  amended,  1953,  311  §  2; 
second  sentence  of  same  paragraph  revised,  1946,  381  §  2;  1949,  294 
§  3;  third  sentence  of  same  paragraph  amended,  1953,  311  §  3;  para- 
graph inserted  after  fourth  paragraph,  1947,  390  §  1;  last  paragraph, 
as  appearing  in  1934,  374  §  3,  amended,  1939,  497;  paragraph  added 
at  end,  1946,  575  §  6;  revised,  1949,  294  §  2.  Temporarily  affected, 
1948,  220;   1949,  294  §  4;   1951,  178;   1953,  246  §  14;  499. 

Sect.  5A  added,  1946,  445  §  1  (relative  to  the  disposition  of  money 
held  for  payment  of  unclaimed  winnings  upon  wagers  made  at  horse 
and  dog  racing  meetings).    (See  1946,  445  §  2.) 

Sect.  9,  last  paragraph  revised,  1935,  454  §  5. 

Sect.  9A  added,  1935,  454  §  6  (relative  to  rules,  regulations  and  con- 
ditions to  be  prescribed  by  the  state  racing  commission). 

Sect.  10  revised,  1936,  268. 


Chaps.  128B,  129.]  GENERAL  LawS.  949 

Sect.  13  amended,  1935,  454  §  7. 

Sect.  13A  added,  1935,  454  §  8  (relative  to  the  application  of  certain 
laws  as  to  betting  and  certain  local  requirements  as  to  race  tracks  and 
public  amusements,  in  the  case  of  racing  meetings  under  this  chapter) ; 
revised,  1939,  159;  amended,  1941,  295;  first  paragraph  amended, 
1951,  777  §  2;  paragraph  added  at  end,  1948,  437.    (See  1935,  471  §  2.) 

Sect.  13B  added,  1937,  322  (prohibiting  and  penalizing  the  use  of 
drugs  for  the  purpose  of  affecting  the  speed  of  horses  at  horse  racing 
meetings) . 

Sect.  13C  added,  1950,  111  (penalizing  attempts  to  influence  persons 
connected  with  horse  or  dog  racing  to  affect  the  result  of  a  race). 

Sect.  14  revised,  1935,  279  §  2;  1936,  253  §  2;  amended,  1938,  282; 
revised,  1947,  138  §  2.    (See  1935,  279  §  3;   1936,  253  §  1.) 

Sect.  14A  added,  1935,  279  §  1  (providing  for  the  resubmission  to 
the  voters  of  the  several  counties  of  the  question  of  licensing  dog  races 
at  which  the  pari-mutuel  svstem  of  betting  shall  be  permitted);  re- 
pealed, 1936,  253  §  1.    (See '1935,  279  §  3;   1936,  253  §  1.) 

Sect.  14B  added,  1953,  389  (providing  for  the  submission  to  the 
voters  of  Berkshire  County  of  the  question  of  hcensing  horse  races  at 
county  fairs  at  which  the  pari-mutuel  system  of  betting  shall  be  per- 
mitted). 

Sect.  15  revised,  1936,  436  §  2;  1941,  729  §  12;  amended,  1947, 
390  §  2;  revised,  1948,  319.    (See  1936,  436  §  4;   1941,  729  §  15.) 


Chapter  128B.  —  Conservation  of  Soil  and  Soil  Resources  and  Prevention 
and  Control  of  Erosion. 

New  chapter  inserted,  1945,  531. 

Sect.  2,  paragraph  (2)  revised,  1947,  73  §  1. 
Sect.  3,  subdivision  5  revised,  1949,  517. 
Sect.  5  revised,  1947,  73  §  2;   1954,  244. 

Chapter  129.  —  Livestock  Disease  Control  (former  title.  Animal  Industry). 

Sect.  1  revised,  1934,  340  §  12;  paragraph  (defining  "Domestic 
animals")  added,  1935,  70.     (See  1934,  340  §  18.) 

Sect.  8A  added,  1941,  375  (establishing  a  scale  of  fees  for  the  inocu- 
lation of  swine  against  hog  cholera). 

Sect.  9  amended,  1943,  332  §  10. 

Sect.  10  amended,  1934,  340  §  13.     (See  1934,  340  §  18.) 

Sect.  14A  added,  1953,  19  §  1  (providing  for  co-operation  with  the 
federal  government  in  the  eradication  of  certain  animal  diseases).  (See 
1953,  19  §  2) ;  section  stricken  out  and  sections  14A  and  14B  inserted, 
1953,  655  §  2  (providing  for  the  eradication  of  certain  animal  diseases). 
(See  1953,  655  §  1.) 

Sect.  15  revised,  1941,  162. 

Sect.  26A  revised,  1938,  168;  amended,  1941,  173. 

Sect.  29  amended,  1938,  308. 

Sect.  32  amended,  1939,  451  §  54. 

Sect.  33  amended,  1934,  272;   1946,  417;  revised,  1952,  519. 

Sect.  33B  revised,  1934,  96;   1954,  647  §  1.    (See  1954,  647  §  4.) 

Sect.  36A  added,  1935,  426  (providing  for  the  licensing  of  certain 
dealers  in  bovine  animals);  repealed,  1941,  607  §  2. 


950  Changes  in  the  [Chaps.  i29A,  130. 

Sect.  36B  added,  1938,  314  (providing  for  the  vaccination  of  certain 
cattle  to  curtail  the  spread  of  Bang's  disease,  so  called) ;  revised,  1943, 
56;  1952,518;  1954,647  §2. 

Sect.  36C  added,  1938,  386  (regulating  the  transportation  of  neat 
cattle);  repealed,  1941,  607  §  2. 

Sects.  36D  and  36E  added,  1954,  647  §  3  (prohibiting  the  importa- 
tion or  transportation  of  certain  cattle  unless  tested  and  vaccinated 
for  brucellosis).    (See  1954,  647  §  4.) 

Sect.  38  revised,  1934,  340  §  14.     (See  1934,  340  §  18.) 

Sects.  39-43  added,  1941,  607  §  1  (to  further  regulate  the  dealing 
in  and  transportation  of  bovine  animals  and  to  prevent  the  spread 
of  disease  among  such  animals). 

Sect.  40  revised,  1946,  416  §  1. 

Sect.  43  revised,  1946,  416  §  2. 

Chapter   129A.  —  Marine   Fish   and   Fisheries,    Inland   Fish   and   Fisheries, 
Birds  and  Mammals,  General  Provisions. 

New  chapter  inserted,  1933,  329  §  1. 

Sect.  1,  definition  of  "Warden"  revised,  1937,  413  §  2;  definitions 
of  "Coastal  Warden",  "Deputy  Coastal  Warden"  and  "Supervisor", 
revised,  1939,  491  §  11.     (See  1937,  413  §§  3,  4;  1939,  491  §  12.) 

Sect.  10,  sentence  added  at  end,  1941,  171. 

Chapter  129A  repealed  in  part,  1941,  598  §  7;  entirely  repealed,  1941, 
599  §  1.     (See  1941,  598  §  9,  599  §  7.) 

Chapter  130.  —  Marine  Fish  and  Fisheries  (former  title,  Marine  Fish  and 
Fisheries,  including  Crustacea  and  Shellfish). 

Chapter  stricken  out,  and  new  chapter  130  (with  new  title)  inserted,  1933, 
329  §  2. 

Chapter  stricken  out,  and  new  chapter  130  (with  new  title)  inserted,  1941, 
598  §  1.     (See  1941,  598  §  9.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  130  as  so  inserted: 

Sect.  1,  definition  of  "Fish"  amended,  1945,  98  §  1;  last  paragraph 
revised,  1945,  98  §  2. 

Sect.  2,  second  paragraph  revised,  1949,  566  §  1;  amended,  1950, 
628  §  1;  revised,  1951,  360;  last  paragraph  revised,  1945,  98  §  3. 

Sect.  13,  third  paragraph  revised,  1949,  566  §  2. 

Sect.  15A  added,  1945,  281  (providing  for  reciprocal  enforcement  of 
laws  relating  to  marine  fisheries) . 

Sect.  20,  two  paragraphs  added  at  end,  1948,  430  §  1.  (See  1948, 
430  §§  2,  3.) 

Sect.  22  revised,  1952,  501  §  1. 

Sect.  31  amended,  1945,  98  §  4. 

Sect.  33  amended,  1945,  98  §  5. 

Sect.  37,  paragraph  contained  in  lines  10  and  11  amended,  1943, 
149;  same  paragraph  revised,  1943,  533  §  1;  1948,  76  §  1.  (See  1943, 
533  §  2.) 

Sect.  40  revised,  1951,  194;   amended,  1954,  248. 

Sect.  42,  last  sentence  amended,  1945,  242  §  15. 


Chap.  131.]  GENERAL   LaWS.  951 

Sect.  43,  second  and  third  sentences  revised,  1949,  566  §  3;  last 
sentence  amended,  1945,  242  §  16. 

Sect.  44  revised,  1950,  423  §  1,  628  §  2;  1951,  408  §  1;  1953,  156. 
(See  1951,  408  §  2.) 

Sect.  55  amended,  1951,  281;  1952,  182. 

Sect.  69  amended,  1945,  98  §  6. 

Sect.  74,  first  paragraph  amended,  1948,  463;  sentence  added  at 
end,  1945,  99  §  1;  section  revised,  1954,  243  §  1.    (See  1954,  243  §  2.) 

Sect.  76,  paragraph  inserted  after  third  paragraph,  1948,  365. 

Sect.  80,  third  paragraph  amended,  1945,  98  §  7. 

Sect.  81,  sentence  added  at  end,  1945,  99  §  2. 

Sect.  82,  sentence  added  at  end,  1945,  99  §  3. 

Sect.  87  amended,  1954,  186. 

Sect.  96  revised,  1954,  167. 

Sect.  100  amended,  1945,  264  §  1. 

Sects.  lOOA  and  lOOB  added,  1945,  264  §  2  (making  permanent  the 
law  protecting  striped  bass).  For  prior  temporary  legislation  see  1941, 
421. 

Sect.  lOOB  revised,  1947,  515. 

Chapter  131.  —  Powers  and  Duties  of  the  Division  of  Fisheries  and  Game 
(former  title,  Game  and  Inland  Fisheries). 
Chapter  stricken  out,  and  new  chapter  131  (with  new  title)  inserted,  1941, 
599  §  2.     (See  1941,  599  §§  5-7.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  131  as  so  inserted: 

Sect.  1,  definition  of  "Birds"  revised,  1941,  663  §  1;  definition  of 
"Coastal  waters"  inserted,  1954,  92;  definition  of  "Green  pelt"  in- 
serted, 1948,  615  §  1;  definition  of  "Loaded  shotgun  or  rifle"  inserted, 
1945,  83;  definition  of  "Mammals"  revised,  1941,  663  §  2;  definition 
of  "Trap"  inserted,  1948,  615  §  2;  revised,  1950,  136.  (See  1941, 
663  §  3.) 

Sect.  3A  added,  1945,  548  §  1  (establishing  the  inland  fisheries  and 
game  fund).     (See  1945,  548  §  3.) 

Sect.  5  amended,  1947,  245  §  1;  paragraph  added  at  end,  1947, 
245  §  2. 

Sect.  6  revised,  1948,  302  §  1;  first  sentence  amended,  1949,  545; 
next  to  last  sentence  revised,  1953,  218  §  1.    (See  1953,  218  §  2.) 

Sect.  7  revised,  1954,  457  §  1.    (See  1954,  457  §  2.) 

Sect.  8,  last  paragraph  of  clause  (1)  revised,  1943,  265;  amended, 
1950,  233;  section  revised,  1951,  405  §  1;  eighth  paragraph  of  clause  (1) 
revised,  1952,  454  §  1;  sixth  paragraph  of  clause  (2)  revised,  1952, 
305  §  1.    (See  1951,  405  §  2;  1952,  454  §  2,  305  §  2.) 

Sect.  8A  added,  1949,  516  (authorizing  the  granting  of  fishing  licenses 
to  certain  aliens). 

Sect.  14,  paragraph  inserted  after  fifth  paragraph,  1948,  400;  same 
paragraph  revised,  1951,  399;  paragraph  contained  in  lines  65-73 
amended,  1943,  216  §  1;  paragraph  contained  in  lines  74-86  amended, 
1943.  216  §  2. 

Sect.  16  revised,  1947,  193;  first  sentence  revised,  1954,  88;  two 
sentences  added  at  end,  1948,  302  §  2;  next  to  last  sentence  revised, 
1950,  259. 


952  Changes  in  the  [Chap.  131. 

Sect.  25  revised,  1951,  535. 

Sect.  26,  sentence  added  at  end,  1948,  443. 

Sect.  28  revised,  1952,  501  §  2. 

Sect.  34  revised,  1945,  693  §  2. 

Sect.  40A  added,  1946,  79  (penalizing  the  use  of  artificial  bait  in 
ice  fishing  elsewhere  than  in  the  Connecticut  river);  repealed,  1953, 
224. 

Sect.  45,  table  amended,  1948,  109  §  1 ;  revised,  1952,  378  §  1 ;  next 
to  last  paragraph  amended,  1948,  109  §  2;  1952,  378  §  2;  section  re- 
vised, 1953,  478  §  1.    (See  1953,  478  §  2.) 

Sect.  45A  added,  1954,  99  (regulating  the  taking  of  trout  in  coastal 
waters). 

Sect.  48  amended,  1948,  110;   first  sentence  revised,  1948,  343. 

Sect.  53  amended,  1947,  172. 

Sect.  53A  added,  1948,  249  (providing  for  a  close  season  on  all  birds 
and  mammals  during  certain  periods) ;  revised,  1950,  234. 

Sect.  57  revised,  1953,  21. 

Sect.  61 A  added,  1945,  232  (protecting  the  wood  duck);  repealed, 
1951   217. 

Sect.  64  revised,  1953,  481  §  1.     (See  1953,  481  §  2.) 

Sect.  65  amended,  1951,  254;  sentence  added  at  end,  1952,  171; 
section  revised,  1953,  481  §  1.    (See  1953,  481  §  2.) 

Sect.  68  amended,  1943,  90;  revised,  1948,  615  §  3;  1949,  758  §  1; 
first  sentence  revised,  1951,  294  §  1;  clause  (6)  revised,  1950,  107; 
1951,  294  §  2;  clause  (c)  revised,  1951,  294  §  3;  clause  (k)  amended, 
1951,  294  §  4;  clause  (l)  amended,  1950,  138;  section  revised,  1953, 
482  §  1.    (See  1953,  482  §  2.) 

Sect.  68A  added,  1948,  615  §  4  (relative  to  the  registration  and 
identification  of  animal  traps) ;  revised,  1949,  758  §  2. 

Sect.  70  amended,  1948,  615  §  5. 

Sect.  72  repealed,  1949,  758  §  3. 

Sect.  76  repealed,  1949,  758  §  3. 

Sect.  78,  first  sentence  amended,  1947,  275;  first  paragraph  revised, 
1949,  304. 

Sect.  78  stricken  out  and  sections  78-78F  inserted,  1950,  438  (further 
regulating  the  taking  and  hunting  of  birds  and  mammals). 

Sect.  79  revised,  1949,  282. 

Sect.  80  revised,  1953,  480  §  1.    (See  1953,  480  §  2.) 

Sect.  80A  added,  1953,  241  §  1  (requiring  the  tagging  of  deer 
taken).     (See  1953,  241  §  2.) 

Sect.  81  revised,  1952,  284. 

Sect.  82,  sentence  added  at  end,  1953,  115. 

Sect.  83,  paragraph  added  at  end,  1949,  751. 

Sects.  85A-85C  added,  1951,  353  (relative  to  the  use  of  firearms). 

Sect.  89  amended,  1947,  363. 

Sect.  97  repealed,  1945,  12. 

Sect.  97 A  added,  1943,  463  (relative  to  the  disposition  by  counties 
of  revenue  received  from  the  federal  government  by  reason  of  federal 
wildlife  refuges  situated  therein);  repealed,  1945,  12. 

Sect.  101  revised,  1943,  100. 

Sect.  lOlA  added,  1946,  334  (penalizing  the  use  of  certain  firearms 
for  hunting  purposes) . 


Chap.  132.]  GENERAL  LawS.  953 

Sect.  103,  paragraph  (2)  amended,  1946,  333;  tenth  paragraph 
revised,  1951,  429. 

Sect.  105A  added,  1950,  424  (relative  to  the  breeding  and  raising 
of  mink). 

Sect.  107,  next  to  last  paragraph  revised,  1948,  327. 

Sect.  Ill,  paragraph  added  at  end,  1946,  412;  section  revised,  1947, 
397;  first  sentence  revised,  1952,  349. 

Sect.  112,  last  sentence  revised,  1950,  235. 

Sect.  117A  added,  1949,  507  (relative  to  the  draining  of  certain 
ponds,  reservoirs  and  other  bodies  of  water) . 


Chapter  132.  —  Forestry. 

For  temporary  legislation  relative  to  suppression  of  the  gypsy  moth, 
see  1952,  622. 

Sect.  1  amended,  1937,  415  §  2;    1941,  490  §  36;    1947,  344  §  26; 

1948,  660  §  2.    (See  1948,  660  §  26.) 

Sect.  1A  added,  1948,  660  §  3  (relative  to  the  duties  of  the  chief 
moth  superintendent) ;  amended,  1949,  761  §  1. 
Sect.  4  revised,  1948,  660  §  4;  amended,  1949,  761  §  2. 
Sect.  5  repealed,  1932,  180  §  27. 
Sect.  6  revised,  1941,  455;  amended,  1952,  363. 
Sect.  8  revised,  1948,  660  §  5;  1949,  761  §  3. 
Sect.  9  revised,  1952,  308  §  1. 
Sect.  11  revised.  1937,  415  §  3;  1948,  660  §6;  first  sentence  amended, 

1949,  761  §  4;   1950,  422. 

Sect.  11 A  added,  1952,  480  §  1  (relative  to  elimination  of  white  pine 
blister  rust  by  department  of  conservation).      (See  1952,  480  §  3.) 

Sect.  12  amended,  1937,  415  §  4:  revised,  1948,  660  §  7. 

Sect.  12A  added,  1945,  401  (relative  to  suppression  of  gypsy  moths, 
etc.,  on  land  of  the  commonwealth);  revised,  1948,  660  §  8;  1949, 
761  §  5. 

Sect.  13  revised,  1935,  87;  amended,  1937,  415  §  5;  revised,  1948, 
660  §  9;  last  sentence  stricken  out  and  two  sentences  inserted,  1949, 
761  §  6;  last  sentence  revised,  1950,  694  §  1. 

Sect.  14  revised,  1937,  415  §  6;  revised,  1948,  660  §  10;  third  para- 
graph revised,  1949,  761  §  7;  amended,  1950,  694  §  2;  revised,  1951, 
488;  sixth  paragraph  revised,  1949,  761  §  8. 

Sect.  15  revised,  1948,  660  §  11. 

Sect.  16  revised,  1948,  660  §  12. 

Sect.  17  amended,  1937,  415  §  6A;  last  sentence  revised,  1946, 
432  §  10;  section  revised,  1948,  660  §  13. 

Sect.  18  amended,  1937,  415  §  6B;  revised,  1948,  660  §  14. 

Sect.  18A  added,  1949,  174  (authorizing  municipalities  to  form  dis- 
tricts and  pool  expenditures  for  the  suppression  of  certain  insect  pests) ; 
first  paragraph  revised,  1952,  489  §  1. 

Sect.  18B  added,  1949,  211  (authorizing  counties  to  engage  in  the 
work  of  suppression  of  certain  insect  pests) ;  revised,  1952,  489  §  2. 

Sect.  19  revised,  1948,  660  §  15. 

Sect.  22  amended,  1937,  415  §  7;  revised,  1948,  660  §  16. 

Sect.  23  revised,  1948,  660  §  17. 

Sect.  24  revised,  1948,  660  §  18. 


954  Changes  in  the  [Chaps.  132A-136. 

Sect.  25  revised,  1937,  415  §  8;  1948,  660  §  19;  amended,  1949, 
761  §  9. 

Sect.  26  amended,  1937,  415  §  9;  revised,  1948,  660  §  20;  sentence 
added  at  end,  1954,  118. 

Sects.  26A-26D  added,  1949,  761  §  10  (relative  to  the  eradication  of 
the  Dutch  elm  disease). 

Sect.  26C  amended,  1950,  694  §  3. 

Sect.  26D  revised,  1952,  489  §  3. 

Sect.  27  amended,  1937,  415  §  10;  revised,  1948,  660  §  21. 

Sect.  28  amended,  1937,  415  §  11;  revised,  1948,  660  §  22. 

Sect.  29  repealed,  1948,  660  §  23. 

Sect.  30,  last  sentence  revised,  1945,  514. 

Sect.  33  amended,  1935,  373;   1936,  415  §  1.    (See  1936,  415  §  3.) 

Sect.  34,  new  paragraph  added  at  end,  1935,  233. 

Sect.  34A,  first  paragraph  revised,  1950,  574;  paragraph  added  at 
end,  1947,  366. 

Sect.  35  amended,  1952,  308  §  2. 

Sect.  36  revised,  1936,  415  §  2.    (See  1936,  415  §  3.) 

Sect.  36A  added,  1945,  27  (relative  to  the  acquisition  by  prescrip- 
tion or  adverse  possession  of  title  to  lands  of  the  commonwealth  under 
control  of  the  department  of  conservation). 

Sects.  40-45  added,  under  caption  "forest  cutting  practices", 
1943,  539. 

Sects.  42,  43  and  44  revised,  1952,  427. 

Chapter  132A.  —  State  Recreation  Areas  outside  of  the  Metropolitan  Parks 
District  (former  title,  State  Parks  and  Reservations  outside  of  the 
Metropolitan  Parks  District). 

Sect.  1  amended,  1954,  419  §  2.    (See  1954,  419  §  6.) 
Sect.  2  amended,  1941,  490  §  37;  1954,  419  §  3.    (See  1954,  419  §  6.) 
Sect.  4  amended,  1954,  419  §  4.    (See  1954,  419  §  6.) 
Sect.  5  amended,  1946,  432  §  11. 
Sect.  7  revised,  1941,  722  §  11. 
Sect.  9  amended,  1933,  75  §  4. 

Sect.  10  added,  1954,  419  §  5  (establishing  the  State  Recreation 
Areas  Fund).    (See  1954,  419  §  6.) 

Chapter  135.  —  Unclaimed  and  Abandoned  Property. 

Sect.  1  revised,  1947,  441  §  1. 
Sects.  2-4  repealed,  1947,  441  §  2. 
Sect.  8  amended,  1938,  98  §  1. 
Sect.  9  amended,  1938,  98  §  3. 
Sect.  11  amended,  1938,  98  §  2. 

Chapter  136.  —  Observance  of  the  Lord's  Day. 

Sect.  2  amended,  1933,  150  §  1;   1934,  63;    1935,  78;   1946,  207  §  1. 

Sect.  4  amended,  1945,  575;  revised,  1953,  596;   1954,  303. 

Sect.  4A  added,  1933,  150  §  2  (relative  to  the  hcensing  of  certain 
enterprises  to  be  held  on  the  Lord's  day  at  amusement  parks  and  beach 
resorts);  revised,  1933,  309  §  1;  sentence  added  at  end,  1946,  207  §  2. 
(See  1933,  309  §  2.) 

Sect.  4B  added,  1946,  207  §  3  (relative  to  the  licensed  operation 
on  the  Lord's  Day  of  bowling  alleys). 


Chap.  138.]  GENERAL   LaWS.  955 

Sect.  6,  second  and  third  paragraphs  amended,  1934,  328  §  7;  fourth 
paragraph  amended,  1932, 96;  1934,  354;  paragraph  added  at  end,  1933, 
150  §  3;  section  revised,  1934,  373  §  6;  third  paragraph  amended,  1936, 
129;  1937,  286;  1950,  256  §  1;  fourth  paragraph  amended,  1938,  143; 
same  paragraph  revised,  1943,  473;  1950,  681;  1951,  504;  1954,  217; 
last  paragraph  revised,  1946,  207  §  4;  paragraph  added  at  end,  1949, 
190;   1950,322. 

Sect.  7  amended,  1934,  328  §  8;  revised,  1934,  373  §  7. 

Sect.  8  amended,  1937,  124. 

Sect.  9  amended,  1953,  108. 

Sect.  13  amended,  1932,  105. 

Sect.  17,  sentence  added  at  end,  1933,  150  §  4;    section  amended, 

1934,  55;  revised,  1938,  60. 
Sect.  19  repealed,  1950,  256  §  2. 

Sect.  21  revised,  1935,  104,  169;  1946,  318  §  1;  amended,  1948,  119; 
revised,  1951,  32;   1954,  132.    (See  1946,  318  §  1.) 
Sect.  22.     See  1933,  136;  1935,  49. 

Chapter    138.  —  Alcoholic    Liquors    (Old    Title,    Intoxicating    Liquors    and 
Certain  Non-Intoxicating  Beverages). 

Chapter  stricken  out,  and  new  chapter  138  inserted,  1933,  376  §  2. 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  138  as  so  inserted: 

Sect.  1,  new  paragraph  (definition  of  "Alcohol")  added,  1935,  440 
§  1;  definition  of  "Restaurant"  amended,  1936,  368  §  1;  eighth  para- 
graph (definition  of  "Club")  revised,  1934,  385  §  1;  definition  of 
"Tavern"  amended,  1934,  121  §  1;  1935,  253  §  1;  definition  of  "Wines" 
revised,  1941,  637  §  1.    (See  1941,  637  §  3.) 

Sect.  2  revised,  1934,  305,  372  §  4;  1935,  440  §  2;  first  sentence 
revised,  1939,  470  §  1;   1943,  542  §  1. 

Sect.  3  amended,  1935,  440  §  3. 

Sect.  4  amended,  1934,  385  §  2. 

Sect.  7  amended,  1935,  440  §  4. 

Sect.  10  amended,  1935,  440  §  5. 

Sect.  lOA  revised,  1943,  542  §  2. 

Sect.  lOB  added,  1934,  370  §  11  (authorizing  the  alcoholic  beverages 
control  commission  to  remove  a  member  of  a  local  licensing  board 
under  certain  conditions). 

Sect.  11  revised,  1936,  207  §  1;   1947,  138  §  3.    (See  1935,  281.) 

Sect.  11  A,  first  paragraph  amended,  1934,  142  §  1;  paragraph  in- 
serted, 1934,  142  §  2;  paragraph  added  at  end,  1934,  142  §  3;  section 
revised,  1934,  211  §  1;  last  paragraph  stricken  out,  1935,  440  §  6;  sec- 
tion revised,  1951,  208.    (See  1934,  142  §  4,  211  §  2.) 

Sect.  12,  first  paragraph  amended,  1934,  121  §  2;  last  sentence  of 
first  paragraph  revised,  1934,  370  §  1;  second  paragraph  amended,  1934, 
121  §  2;  sentence  contained  in  lines  42-53  revised,  1934,  370  §  2;  section 
revised,  1934,  385  §  3;  first  paragraph  amended,  1935,  253  §  2;  revised, 

1935,  440  §  7;  new  paragraph  inserted  after  first  paragraph,  1935,  253 
§  3;  proviso  contained  in  lines  46-48  stricken  out,  1935,  253  §  4;  third 
paragraph  revised,  1935,  440  §  8;  next  to  last  paragraph  stricken  out, 
1935,  440  §  9;  section  revised,  1935,  468  §  1;  first  paragraph  amended, 


956  Changes  in  the  [Chap.  i38. 

1936,  207  §  2;  second  sentence  of  first  paragraph  amended,  1949,  391; 
last  sentence  of  first  paragraph  revised,  1937,  331;  1943,  542  §  3; 
second  paragraph  revised,  1936,  368  §  2;  amended,  1943,  542  §  4;  para- 
graph inserted  after  third  paragraph,  1948,  649;  paragraph  added  at 
end,  1937,  264.    (See  1943,  542  §  20.) 

Sect.  12A  added,  1950,  372  (relative  to  the  renewal  of  licenses  to  sell 
liquor  in  restaurants) . 

Sect.  13,  last  two  sentences  stricken  out,  1934,  385  §  4;  section  re- 
vised, 1935,  440  §  10. 

Sect.  14  amended,  1934,  370  §  3;  paragraph  added  at  end,  1935, 
440  §  11. 

Sect.  15,  first  paragraph  amended,  1934,  385  §  5;  revised,  1935, 
440  §  12;  last  paragraph  revised,  1934,  370  §  4;  last  sentence  revised, 

1936,  225  §  1;  second  paragraph  revised,  1938,  353. 

Sect.  15A  added,  1934,  370  §  5  (relative  to  the  pubhcation  of  appli- 
cations for  original  licenses);  revised,  1935,  440  §  13;  1939,  414; 
amended,  1943,  542  §  5. 

Sect.  16  revised,  1936,  368  §  3. 

Sect.  16A  revised,  1934,  385  §  6;  1937,  424  §  1. 

Sect.  16B  revised,  1935,  440  §  14;  paragraph  added  at  end,  1937, 
291;  section  revised,  1937,  424  §  2;  second  paragraph  revised,  1939,  92; 
section  amended.  1943,  542  §  6. 

Sect.  16C  added,  1954,  569  §  1  (limiting  licenses  for  the  sale  of  alco- 
holic beverages  near  schools  and  churches).     (See  1954,  569  §§  2,  3.) 

Sect.  17,  second  proviso  of  first  paragraph  amended,  1934,  385  §  7; 
first  paragraph  amended,  1935,  81;  last  paragraph  revised,  1934,  83; 
section  revised,  1935,  440  §  15;  first  paragraph  amended,  1936,  136, 
245;  1937,  14  §  1;  second  paragraph  revised,  1936,  199;  paragraph 
added  after  the  second  paragraph,  1936,  368  §  4;  section  revised,  1937, 
424  §  3;  paragraph  in  fines  77-105  amended,  1946,  305;  1953,  310; 
paragraph  in  lines  106-118  revised,  1939,  263;  paragraph  in  lines  119- 
122  revised,  1941,  522;  same  paragraph  amended,  1945,  666;  revised, 
1950,  222;    1951,  145;   paragraph  added  at  end,  1952,  197  §  1.     (See 

1937,  14  §  2;   1952,  197  §  2.) 

Sect.  18,  first  paragraph  revised,  1935,  440  §  16;  first  sentence  re- 
vised, 1943,  542  §  7;  two  paragraphs  added,  1934,  385  §  8;  paragraph 
added  at  end,  1943,  542  §  8. 

Sect.  18A  added,  under  caption  "selling  agents  of  foreign  im- 
porters AND  manufacturers",  1934,  312;  first  paragraph  revised, 
1935,  440  §  17. 

Sect.  18B  added,  1943,  542  §  9  (relative  to  the  issuance  of  certificates 
of  compliance  to  persons  licensed  outside  the  commonwealth  to  export 
and  sell  alcoholic  beverages  to  licensees  under  this  chapter). 

Sect.  19,  first  paragraph  revised,  1935,  440  §  18;  second  paragraph 
amended,  1934,  385  §  9;  last  paragraph  amended,  1934,  385  §  10;  1935, 
440  §  19;  paragraph  added  at  end,  1936,  368  §  5. 

Sect.  19A  added,  1934,  385  §  11  (relative  to  the  licensing  of  sales- 
men for  manufacturers  and  for  wholesalers  and  importers);  revised, 
1935,  440  §  20. 

Sect.  20  revised,  1934,  385  §  12;  first  paragraph  amended,  1936, 
368  §  6;  paragraph  inserted,  1936,  368  §  7;  section  revised,  1943,  542 
§10. 

Sect.  20A  added,  1937,  424  §  4  (relative  to  granting  permits  to  pub- 


Chap.  138.]  GENERAL    LaWS.  957 

lie  warehousemen  to  store  and  warehouse  alcohoUc  beverages) ;  amended, 
1953,  654  §  95. 

Sect.  21  revised,  1934,  385  §  13;  first  paragraph  amended,  1935, 
440  §  21;  first  six  paragraphs  revised,  1936,  411  §  1;  1939,  367  §  1; 
first  paragraph  (as  appearing  in  1939,  367  §  1)  amended,  1943,  542  §  11; 
third  paragraph  (as  so  appearing)  stricken  out  and  two  new  paragraphs 
inserted,  1941,  637  §  2;  sixth  paragraph  (as  so  appearing)  revised,  1943, 
36;  first  seven  paragraphs  stricken  out  and  eight  paragraphs  inserted, 
1947,  625  §  1;  next  to  the  last  paragraph  (as  appearing  in  1934,  385 
§  13)  amended,  1936,  368  §  8;  last  paragraph  (as  so  appearing)  revised, 
1939,  451  §  55;  paragraph  added  at  end,  1939,  394;  same  paragraph 
stricken  out  and  two  paragraphs  inserted,  1947,  524;  section  amended, 
1953,  654  §  96;  revised,  1954,  402.  [For  prior  temporary  additional 
excise,  1939,  434;  1941,339;  1943,423;  1945,546.  Additional  excise, 
1945,  731  §  11;  1953,  246  §  11.]  (See  1936,  411  §  2;  1939,  367  §2; 
1941,637  §3;   1947,625  §§3,4.) 

Sect.  22  revised,  1934,  385  §  14;  1935,  440  §  22;  fourth  and  fifth 
paragraphs  stricken  out  and  new  paragraph  inserted,  1937,  418. 

Sect.  22A  added,  1934,  385  §  15  (providing  for  the  granting  by  the 
alcoholic  beverages  control  commission  in  certain  cases  of  permits  to 
sell  alcoholic  beverages). 

Sect.  23,  sentence  added  at  end  of  fourth  paragraph,  1934,  370  §  6; 
last  paragraph  amended,  1934,  245;  section  revised,  1934,  385  §  16; 
fifth  paragraph  amended,  1935,  253  §  5;  last  four  paragraphs  stricken 
out,  and  five  new  paragraphs  inserted,  1935,  440  §  23;  second  of  the 
paragraphs  so  inserted  revised,  1941,  578;  fourth  paragraph  revised, 
1938,  238;  sentence  added  at  end  of  next  to  last  paragraph,  1939, 
470  §  2;  section  revised,  1943,  542  §  12. 

Sect.  23 A  added,  1945,  215  (authorizing  the  Alcoholic  Beverages 
Control  Commission  to  take  action  to  eliminate  unfair  competition  and 
other  trade  abuses  in  the  sale  of  alcoholic  beverages) ;  revised,  1950,  780. 

Sect.  24,  first  sentence  amended,  1934,  232;  section  revised,  1943, 
542  §  13;   first  sentence  revised,  1952,  426. 

Sects.  25A,  25B  added,  1946,  304  (prohibiting  discrimination  be- 
tween licensees  authorized  to  sell  alcoholic  beverages  bj^  eliminating 
the  practice  of  granting  special  inducements  to  favored  licensees). 

Sect.  25B,  paragraph  (e)  revised,  1950,  261. 

Sect.  25C  added,  1952,  385,  567  §  1  (relative  to  the  elimination  of 
certain  trade  abuses).     (See  1952,  567  §  2.) 

Sect.  26,  first  paragraph  amended,  1935,  440  §  24. 

Sect.  27  revised,  1934,  301  §  1;  amended,  1934,  385  §  23;  revised, 
1935,  442;  amended,  1936,  436  §  3;  revised,  1936,  438;  1941,  729  §  13; 
1947,  625  §2.     (See  1936,  436  §  4;  1941,  729  §  15;  1947,  625  §  4.) 

Sect.  28  amended,  1934,  112. 

Sect.  29  revised,  1935,  440  §  25. 

Sect.  30  amended,  1935,  83  §  1;  1943,  542  §  14.     (See  1935,  83  §  2.) 

Sect.  30A  revised,  1934,  370  §  7;    1935,  440  §  26. 

Sect.  30B  amended,  1935,  440  §  27;  paragraph  added  at  end,  1936, 
368  §  9. 

Sect.  30D  amended,  1935,  440  §  28. 

Sect.  30E,  first  paragraph  amended,  1935,  440  §  29. 

Sect.  30F  revised,  1935,  440  §  30. 

Sect.  30G  amended,  1935,  440  §  31. 


958  Changes  in  the  [Chaps.  139,  140. 

Sect.  30H  added,  1935,  440  §  32  (possession  or  transportation  of 
alcoholic  beverages  or  alcohol  under  certain  circumstances  deemed 
prima  facie  evidence  of  violation  of  law). 

Sect.  31  amended,  1935,  440  §  33;  revised,  1936,  368  §  10. 

Sect.  32  amended,  1934,  370  §  8. 

Sect.  33  revised,  1934,  370  §  9;  amended,  1935,  468  §  2;  last  sentence 
revised,  1936,  225  §  2;   section  amended,  1937,  268;   1941,  356. 

Sect.  34  amended,  1935,  440  §  34;  revised,  1936,  171;  1937,  424  §  5; 
amended,  1943,  542  §  15. 

Sect.  34A  added,  1935,  146  (relative  to  procuring  by  false  repre- 
sentation sales  or  delivery  of  alcoholic  beverages  to  minors);  revised, 
1935,  440  §  35. 

Sect.  36  amended,  1934,  385  §  17. 

Sect.  37  revised,  1934,  385  §  18. 

Sect.  38  amended,  1941,  199. 

Sects.  42-55  affected,  1935,  440  §  36. 

Sect.  42,  paragraph  added  at  end,  1935,  440  §  36. 

Sect.  46  amended,  1934,  370  §  10;  1935,  440  §  37. 

Sect.  56  revised,  1935,  440  §  38;   1936,  368  §  11. 

Sect.  57  revised,  1936,  368  §  12. 

Sect.  62  amended,  1935,  440  §  39. 

Sect.  63,  first  sentence  revised,  1934,  385  §  19;  section  revised,  1935, 
440  §  40:   1936,  368  §  13. 

Sect.  63A  revised,  1935,  440  §  41;  1943,  542  §  16. 

Sect.  64  revised,  1934,  385  §  20. 

Sect.  65  revised,  1943,  542  §  17. 

Sect.  67  amended,  1934,  385  §  21;  revised,  1935,  440  §  42;  amended, 
1938,  400;  first  paragraph  amended,  1943,  542  §  18;  section  revised, 
1953,  672;  last  two  paragraphs  stricken  out  and  three  paragraphs  in- 
serted  1954  574. 

Sect.  70  revised,  1934,  301  §  2;   1945,  598. 

Sect.  71  amended,  1953,  654  §  97. 

Sects.  72-75  repealed,  1934,  372  §  1. 

Sect.  76  revised,  1934,  372  §  2;  next  to  last  sentence  revised,  1934, 
385  §  22;  section  revised,  1935,  440  §  43. 

Sect.  77  revised,  1943,  542  §  19. 

Chapter  139.  —  Common  Nuisances. 

Sect.  2,  sentence  added  at  end,  1945,  697  §  5, 

Sect.  14,  caption  amended,  1934,  328  §  9;  section  amended,  1934, 
328  §  10. 
Sect.  16  amended,  1934,  328  §  11. 
Sect.  16A  amended,  1934,  328  §  12. 
Sect.  17  repealed,  1934,  328  §  13. 
Sect.  19  amended,  1934,  328  §  14. 
Sect.  20  amended,  1934,  328  §  15;  1948,  132. 

Chapter  140.  —  Licenses. 

Sect.  4  amended,  1934,  171  §  1. 

Sect.  6  amended,  1937,  424  §  6;  revised,  1941,  439  §  1. 
Sect.  6A  added,  1937,  424  §  7  (providing  for  the  granting  of  com- 
mon victuallers'  licenses  and  licenses  to  sell  alcoholic  beverages  upon 


Chap.  140.]  GENERAL    LaWS.  959 

condition  that  licensed  premises  are  equipped  and  furnished  accord- 
ing to  plans  and  estimates  approved  in  advance);  repealed,  1941,  439 
§2. 

Sect.  8  amended,  1936,  368  §  14;  revised,  1943,  328. 

Sect.  9A  added,  1939,  431  (relative  to  the  keeping  of  the  premises  of 
common  victuallers  open  for  business) . 

Sect.  10  amended,  1935,  167. 

Sect.  12  revised,  1932,  86;   1933,  92;   1943,  31. 

Sects.  21E  and  21F  added,  under  caption  "organizations  dis- 
pensing   FOOD   OR   beverages   TO    MEMBERS   AND    GUESTS ",    1933,    284 

(providing  for  the  regulation  of  such  organizations) . 

Sect.  21E,  last  sentence  revised,  1934,  328  §  16;  affected,  1934,  328 
§17. 

Sect.  23  revised,  1952,  577. 

Sect.  26  revised,  1954,  61. 

Sect.  27,  first  sentence  amended,  1947,  375;  1950,  326  §  1;  1954, 
134  §  1. 

Sect.  29  amended,  1953,  135. 

Sects.  32A-32E  added,  1939,  416  (requiring  the  licensing  of  recrea- 
tional camps,  overnight  camps  or  cabins  and  trailer  camps);  caption 
preceding  section  32A  revised,  1950,  326  §  2;   1954,  134  §  2. 

Sect.  32A  amended,  1950,  326  §  3;   1954,  134  §  3. 

Sect.  32B  amended,  1941,396;  revised,  1945,  153;  first  two  sentences 
amended,  1950,  326  §  4;  first  sentence  amended,  1954,  134  §  4;  second 
sentence  revised,  1950,  802  §  1.    (See  1950,  802  §§  4,  5.) 

Sect.  32C  amended,  1950,  326  §  5;   1954,  134  §  5. 

Sect.  32D  amended,  1950,  326  §  6;  1954,  134  §  6. 

Sect.  32E  amended,  1950,  326  §  7;   1954,  134  §  7. 

Sects.  32F-32K  added,  1950,  326  §  8  (providing  for  the  regulation  of 
trailer  coach  parks). 

Sect.  32F,  sentence  added  at  end,  1950,  802  §  2;  paragraph  added 
at  end,  1951,  74.    (See  1950,  802  §§  4,  5.) 

Sect.  32G  revised,  1950,  802  §  3;  1952,  583  §  1;  1954,  410.  (See 
1950,  802  §§  4,  5;  1952,  583  §  3.) 

Sect.  48  repealed,  1937,  342  §  2. 

Sect.  51  amended,  1932,  275;  1935,  428  §  3;  1936,  55  §  1;  revised, 
1941,  626  §  12;  amended,  1947,  253.  (See  1935,  428  §§  6,  7;  1936, 
55  §  2.) 

Sect.  52  amended,  1935,  428  §  4.    (See  1935,  428  §  7.) 

Sect.  55  amended,  1938,  59. 

Sect.  56A  added,  1951,  345  (relative  to  the  licensing  of  shooting 
galleries) . 

Sect.  57,  sentence  added  at  end,  1952,  103  §  1. 

Sect.  58,  second  paragraph  revised,  1948,  181  §  1;  definition  of 
"Class  2"  revised,  1952,  103  §  2. 

Sect.  59  amended,  1934,  254  §  1;  1938,  96;  revised,  1948,  181  §  2. 
(See  1934,  254  §  2;   1953,  349.) 

Sect.  60  revised,  1948,  201  §  3.    (See  1948,  201  §  4.) 

Sect.  62  amended,  1948,  181  §  3. 

Sect.  65  revised,  1948,  181  §  4. 

Sect.  71  revised,  1943,  154. 

Sect.  90,  three  sentences  added  at  end,  1934,  179  §  1;  section  re- 
vised, 1946,  223  §  1.    (See  1946,  223  §  2.) 


960  Changes  in  the  [Chap.  140. 

Sect.  96,  sentence  added  at  end,  1934,  179  §  2;  section  amended, 
1941,  158  §  1.    (See  1941,  158  §§  2,  3.) 

Sect.  100  amended,  1946,  119;  revised,  1946,  174  §  1.  (See  1946, 
174  §  2.) 

Sect.  115  revised,  1948,  550  §  21;  1949,  297  §  7. 

Sect.  121  amended,  1934,  359  §  1. 

Sect.  129A  repealed,  1945,  254. 

Sect.  130,  sentence  added  at  end,  1945,  132;  section  revised,  1951, 
373  §  1. 

Sect.  130A  added,   1951,  373   §  2  (further  regulating  the  sale  of 

Tl  T'f^fl  TTYl  ^  1 

Sect.  131  revised,  1936,  302;  amended,  1951,  201;  1953,  319  §  20; 
sentence  added  at  end,  1953,  454.     (See  1953,  319  §§  39,  40.) 

Sect.  131C  added,  1934,  246  (prohibiting  persons  licensed  to  carry- 
pistols  and  revolvers  from  carrying  the  same  in  vehicles  unless  said 
weapons  are  under  their  control  therein). 

Sect.  131D  added,  1947,  492  §  5  (relative  to  the  emission  of  smoke 
by  steam  locomotives) ;   repealed,  1954,  672  §  7. 

Sect.  132  repealed,  1954,  672  §  7. 

Sect.  133  amended,  1939,  451  §  56;  revised,  1948,  550  §  22;  1949, 
297  §  8;  repealed,  1954,  672  §  7. 

Sect.  134  repealed,  1954,  672  §  7. 

Sect.  135  repealed,  1954,  672  §  7. 

Sect.  136  revised,  1947,  492  §  6;  repealed,  1954,  672  §  7. 

Sect.  136A,  under  caption  "dogs",  added,  1934,  320  §  1  (definitions 
of  certain  words  and  phrases  in  sections  137-175);  amended,  1943, 
111  §  1.    (See  1934,  320  §  34.) 

Sect.  137  amended,  1932,  289  §  1;  revised  (and  caption  stricken  out) 
1934,  320  §  2;  revised,  1943,  111  §  2;   1945,  140.    (See  1934,  320  §  34.) 

Sects.  137A-137C  added,  1934,  320  §  3  (relative  to  kennel  licenses 
and  regulating  holders  of  such  hcenses).    (See  1934,  320  §  34.) 

Sect.  137A,  paragraph  added  at  end,  1937,  95;  first  paragraph 
stricken  out  and  three  paragraphs  inserted,  1943,  111  §  3. 

Sect.  137C  revised,  1939,  206. 

Sect.  137D  added,  1948,  329  (prohibiting  the  issuing  of  dog  licenses 
to  persons  convicted  of  cruelty  to  animals) . 

Sect.  138  revised,  1934,  320  §  4;  1938,  92;  1943,  111  §  4.  (See  1934, 
320  §  34.) 

Sect.  139  amended,  1934,  320  §  5;  sentence  added  at  end,  1939,  23; 
sentence  added  at  end,  1941,  132.    (See  1934,  320  §  34.) 

Sect.  140  repealed,  1934,  320  §  6.    (See  1934,  320  §  34.) 

Sect.  141  revised,  1934,  320  §  7.    (See  1934,  320  §  34.) 

Sects.  142-144  repealed,  1934,  320  §  8.    (See  1934,  320  §  34.) 

Sect.  145  amended,  1932,  289  §  2. 

Sect.  145A  added,  1932,  289  §  3  (relative  to  the  furnishing  of  anti- 
rabic  vaccine);  revised,  1934,  320  §  9;  1937,  375;  last  sentence  revised, 
1939,  42.    (See  1934,  320  §  34.) 

Sect.  146  revised,  1934,  320  §  10;  1941,  133  §  1.    (See  1934,  320  §  34.) 

Sect.  147  revised,  1932,  289  §  4;  1934,  320  §  11;  amended,  1941,  133 
§  2.    (See  1934,  320  §  34.) 

Sect.  148  repealed,  1932,  289  §  6.  (See  G.  L.  chapter  41  §  13A,  in- 
serted by  1932,  289  §  5.) 

Sect.  150  revised,  1934,  320  §  12;   1954,  357.    (See  1934,  320  §  34.) 


Chap.  140.]  GENERAL   LaWS.  961 

Sect.  151  revised,  1934,  320  §  13;  fifth  sentence  revised,  1948,  11  §  1. 
Sect.  151A  added,  1934,  320  §  14  (powers  and  duties  of  dog  officers 
under  annual  warrants  from  mavors  or  selectmen);    last  sentence  re- 
vised, 1948,  11  §  2.    (See  1934,  320  §  34.) 

Sect.  152  revised,  1934,  320  §  15.    (See  1934,  320  §  34.) 
Sect.  153  revised,  1934,  320  §  16.    (See  1934,  320  §  34.) 
Sect.  154  repealed,  1934,  320  §  17.    (See  1934,  320  §  34.) 
Sect.  155  revised,  1934,  320  §  18.    (See  1934,  320  §  34.) 
Sect.  156  revised,  1934,  320  §  19;   1951,  156.    (See  1934,  320  §  34.) 
Sect.  157  revised,  1934,  320  §  20.    (See  1934,  320  §  34.) 
Sect.  158  revised,  1934,  320  ^  21.    (See  1934,  320  §  34.) 
Sect.  159  revised,  1934,  320  §  22.    (See  1934,  320  §  34.) 
Sect.  160  revised,  1934,  320  §  23.    (See  1934,  320  §  34.) 
Sect.   161,  first  two  sentences  amended,   1932,  289   §  7;     section 
amended,  1934,  320  §  24.    (See  1934,  320  §  34.) 

Sect.  161A  added,  1934,  320  §  25  (reimbursement  for  damages  by- 
dogs  regulated).    (See  1934,  320  §  34.) 

Sect  162  revised,  1934,  320  §  26.    (See  1934,  320  §  34.) 
Sect.  163  amended,  1934,  320  §  27.    (See  1934,  320  §  34.) 
Sect.  164  amended,  1934,  320  §  28.    (See  1934,  320  §  34.) 
Sect.  165  revised,  1934,  320  §  29.    (See  1934,  320  §  34.) 
Sect.  166  amended,  1934,  320  §  30.    (See  1934,  320  §  34.) 
Sect.  170  amended,  1934,  320  §  31.    (See  1934,  320  §  34.) 
Sect.  171  revised,  1934,  320  §  32.    (See  1934,  320  §  34.) 
Sect.  172  revised,  1932,  289  §  8. 

Sect.  174  amended,  1953,  319  §  21.     (See  1953,  319  §§  39,  40.) 
Sect.  175  revised,  1932,  289  §  9;   1934,  320  §  33;  1943,  93;  repealed, 
1945,  276  §  2.    (See  1934,  320  §  34.) 
Sect.  176  revised,  1948,  550  §  23. 

Sect.  177A  added,  1949,  361  (relative  to  the  licensing  and  operation 
of  mechanical  amusement  devices). 
Sect.  179  revised,  1948,  434. 

Sects.  180A-180D  added,  under  caption  "theatrical  booking 
agents,  personal  agents  and  managers",  1935,  378  (providing  for 
the  licensing  and  bonding  of  certain  theatrical  booking  agents,  per- 
sonal agents  and  managers). 

Sect.  180A  revised,  1946,  566  §  1 ;  paragraph  added  at  end,  1948,  256; 
section  revised,  1954,  630. 

Sect.  180B  revised,  1946,  566  §  2. 
Sect.  180C  revised,  1946,  566  §  3. 
Sect.  181.    Affected  by  1935,  454  §  8. 

Sect.  181A  added,  1948,  534  (requiring  certain  entertainers  and  per- 
sons appearing  under  assumed  names  to  file  their  tiTie  names  with  the 
commissioner  of  public  safety). 

Sect.  181B  added,  1949,  132  (requiring  the  posting  of  the  schedule 
of  admission  prices  to  travelling  entertainments). 

Sect.  183A  amended,  1935,  102  §  1;    1936,  71  §  1.     (See  1935,  102 
§2.) 
Sect.  183B  repealed,  1936,  71  §  2. 

Sect.   183D  added,   1951,  216  (requiring  common  victuallers  and 
others  to  post  minimum  charges). 
Sect.  184  amended,  1934,  328  §  18. 
Sect.  185A  amended,  1936,  279;  paragraph  added  at  end,  1941,  247. 


962  Changes  in  the  [Chaps.  141-143. 

Sect.  185H  added,  1939,  253  (relative  to  the  licensing  and  supervision 
of  dancing  schools,  so  called). 

Sect.  186  amended,  1936,  169  §  1. 

Sect.  187  amended,  1936,  169  §  2. 

Sect.  192  revised,  1948,  550  §  24;   1949,  297  §  9. 

Sect.  202  revised,  1936,  169  §  3;   1948,  550  §  25;   1949,  297  §  10. 

Chapter  141.  —  Supervision  of  Electricians. 

Sect.  1,  first  paragraph  amended,  1943,  308. 

Sect.  2,  fourth  paragraph  stricken  out,  1946,  480  §  1. 

Sect.  2A  added,  1946,  480  §  2  (granting  a  credit  in  the  examination 
standing  of  certain  veterans  applying  for  electricians'  licenses) ;  revised, 
1954,  627  §  29.    (See  1954,  627  §§  41,  65,  67.) 

Sect.  3,  clause  (3)  revised,  1954,  190  §  1;  clause  (4)  amended,  1934, 
347  §  1;  clause  (5)  amended,  1954,  190  §  2;  clause  (8)  amended,  1948, 
187. 

Sect.  8  revised,  1948,  629  §  1.    (See  1948,  629  §  2.) 

Chapter  142.  —  Supervision  of  Plumbing. 

Sect.  3,  sentence  inserted  after  the  first  sentence,  1948,  382. 

Sect.  4,  first  sentence  revised,  1947,  382;  paragraph  added  at  end, 
1946,  502;  revised,  1954,  627  §  30.    (See  1954,  627  §§  65,  67.) 

Sect.  5  revised,  1954,  200. 

Sect.  6  revised   1934  347  §  2. 

Sect'.  11  amended,  1945,  703  §  11;  revised,  1954,  627  §  31.  (See 
1954,  627  §§  65,  67.) 

Sect.  13  amended,  1934,  284;   1954,  157. 

Sect.  15  revised,  1952,  112. 

Sect.  17  revised,  1936,  234;  1941,  518  §  1;  paragraph  added  at  end, 
1945  477. 

Sect.  1*8  revised,  1941,  518  §  2. 

Sect.  19  revised,  1941,  518  §  3. 

Sect.  21  added,  1938,  302  (providing  for  regulation  of  plumbing  in 
buildings  owned  and  used  by  the  commonwealth). 

Sect.  22  added,  1941,  518  §  4  (providing  for  the  enforcement  of  cer- 
tain laws  relative  to  the  marking,  construction  and  installation  of  hot 
water  tanks). 


Chapter  143.  —  Inspection  and  Regulation  of,  and  Licenses  for.  Buildings, 
Elevators  and  Cinematographs. 

Sect.  1,  definition  of  "Alteration"  revised,  1945,  480;  definitions  of 
"Building"  and  "Commissioner"  inserted,  1945,  480;  definition  of 
"Inspector"  amended,  1943,  544  §  7B;  revised,  1945,  480;  definition 
of  "Place  of  assembly"  inserted  after  paragraph  in  lines  12-14,  1943, 
546  §  1;  revised,  1945,  480;  definition  of  "Public  building"  revised, 
1945,  480;  definition  of  "Pubhc  hall"  revised,  1946,  363  §  1;  defini- 
tion of  "Special  hall"  revised,  1941,  694;  definition  of  "Structure" 
inserted,  1945,  480;  definition  of  "Supervisor  of  plans"  revised,  1946, 
363  §  1.    (See  1945,  722  §  2.) 

Sect.  2  amended,  1949,  125. 


Chap.  143.]  GENERAL  LawS.  963 

Sect.  2A  added,  1948,  582  §  1  (excluding  the  state  house  from  cer- 
tain provisions  of  law  relating  to  the  safety  of  persons  in  buildings); 
sentence  added  at  end,  1951,  430.    (See  1948,  582  §  3.) 

Sect.  2B  added,  1949,  547  (providing  for  regulations  relative  to  fire 
protection  and  prevention  in  the  state  house). 

Sect.  2C  added,  1954,  34  (relative  to  the  evacuation  of  the  state  house 
in  case  of  fire  or  other  disaster). 

Sect.  3  revised,  1943,  544  §  2;   1945,  674  §  1;  first  paragraph  revised, 

1946,  363  §  2;  amended,  1949,  156  §  3;  paragraph  inserted  after  second 
paragraph,  1946,  423;  paragraph  added  at  end,  1949,  156  §  4;  amended, 
1951,  85.    (See  1945,  722  §  2.) 

Sects.  3A-3H  added,  1943,  544  §  2  (providing  for  rules  and  regula- 
tions for  protecting  life  and  limb  in  places  of  assembly  and  for  the  en- 
forcement of  laws,  rules  and  regulations,  ordinances  and  by-laws  for 
protecting  the  same  therein).    (See  1943,  544  §§  7A  and  8.) 
Sect.  3A  revised,  1945,  482  §  1.    (See  1945,  722  §  2.) 
Sect.  3B  revised,  1945,  645  §  2;  sentence  inserted  after  first  sentence, 

1947,  646;  fourth  paragraph  amended,  1948,  144  §  1. 
Sect.  3C  repealed,  1945,  645  §  3. 

Sect.  3D  revised,  1945,  482  §  2.    (See  1945,  722  §  2.) 

Sects.  3E  and  3F  repealed,  1945,  645  §  3. 

Sect.  3G  revised,  1945,  482  §  3;   1946,  363  §  3.    (See  1945,  722  §  2.) 

Sect.  3H  revised,  1945,  645  §  4. 

Sects.  3I-3K  added,  1947,  631  §  1  (to  provide  regulations  for  the 
prevention  of  fire  and  the  preservation  of  life,  health  and  morals  in 
buildings  used  for  dwelling  purposes  and  to  provide  for  alternatives  to 
the  requirements  of  ordinances,  by-laws  or  regulations  relative  to  the 
construction,  alteration,  repair,  use  or  occupancy  of  such  buildings). 

Sect.  31  amended,  1948,  438  §  1. 

Sect.  3J  amended,  1950,  534  §  1;  third  paragraph  amended,  1952, 
158. 

Sect.  3K,  paragraph  added  at  end,  1948,  438  §  2;  same  paragraph 
amended,  1949,  530;  section  repealed,  1950,  534  §  2. 

Sect,  3L  added,  1950,  617  §  1  (relative  to  rules  and  regulations  for 
the  installation,  repair  and  maintenance  of  electrical  wiring  and  fixtures). 
(See  1950,  617  §  2.) 

Sect.  3M  added,  1951,  285  (relative  to  the  depth  and  slant  of  window 
ledges  on  certain  new  buildings);   stricken  out,  1951,  752. 

Sect.  6  revised,  1946,  363  §  4;  amended,  1949,  541  §  1. 

Sect.  7,  sentence  added  at  end,  1949,  156  §  2. 

Sect.  8  amended,  1945,  697  §  1 ;   1949,  541  §  2. 

Sect.  9  revised,  1945,  697  §  2;  sentence  inserted  after  first  sentence, 
1949,  156  §  5;  .section  amended,  1949,  541  §  3. 

Sect.  9A  added,  1945,  697  §  2A  (relative  to  recovery  for  damage  to 
other  property  caused  by  the  making  safe  or  taking  down  of  a  danger- 
ous structure).    (See  1945,  697  §  2B.) 

Sect.  10  revised,  1945,  697  §  3;  amended,  1949,  541  §  4. 

Sect.  11  amended,  1949,  541  §  5. 

Sect.  12  amended,  1945,  697  §  4. 

Sect.  13  revised,  1946,  363  §  5. 

Sect.  15  amended,  1943,  544  §  3;  first  sentence  amended,  1947, 
645  §  1;  section  revised,  1949,  539;  first  sentence  amended,  1952, 
509  §  1.     (See  1943,  544  §  7A.) 


964  Changes  in  the  [Chap.  143. 

Sect.  16  amended,  1943,  544  §  3;  revised,  1945,  473.  (See  1943, 
544  §  7A.) 

Sect.  20  amended,  1945,  700  §  1. 

Sect.  21  amended,  1943,  544  §  3;  revised,  1943,  546  §  2;  1945,  536; 
first  sentence  revised,  1947,  645  §  2;  amended,  1952,  509  §  2.  (See 
1943,  544  §  7A,  546  §  5;   1945,  722  §  2.) 

Sects.  21 A  and  2 IB  added,  1943,  546  §  3  (further  regulating  the 
means  of  ingress  to  and  egress  from  places  of  assembly  and  certain 
other  places).     (See  1943,  546  §§  5  and  6.) 

Sect.  21 A  amended,  1945,  474  §  1;  1946,  363  §  6;  revised,  1948, 
440. 

Sect.  21B  amended,  1945,  482  §  4;  revised,  1945,  722  §  1;  para- 
graph added  at  end,  1946,  327  §  1;  section  revised,  1947,  654  §  1;  1948, 
502.     (See  1947,  654  §  3.) 

Sect.  21C  added,  1946,  327  §  2  (relative  to  the  use  and  maintenance 
of  revolving  doors,  so  called,  in  certain  buildings);  revised,  1947,  654 
§  2;  1948,  439  §  1;  1949,  540;  paragraph  added  at  end,  1952,  435. 
(See  1947,  654  §  3.) 

Sects.  24-33  amended,  1943,  544  §  3.     (See  1943,  544  §  7A.) 

Sect.  28  revised,  1945,  474  §  2;   1947,  648. 

Sect.  29  revised,  1950,  288  §  1.     (See  1950,  288  §§  2,  3.) 

Sect.  33  revised,  1945,  533  §  1;  1946,  363  §  7;  amended,  1947,  645 
§  3;  1948,  439  §  2;  1952,  509  §  3.    (See  1945,  722  §  2.) 

Sect.  34  revised,  1943,  544  §  4;  amended,  1952,  541  §4;  1954,  158. 
(See  1943,  544  §  7A.) 

Sect.  43  amended,  1943,  544  §  3.     (See  1943,  544  §  7A.) 

Sect.  44  amended,  1947,  643. 

Sects.  45  and  46  amended,  1943,  544  §  3.     (See  1943,  544  §  7A.) 

Sect.  47,  last  sentence  stricken  out,  1945,  700  §  2. 

Sect.  48  amended,  1945,  700  §  3. 

Sect.  49  amended,  1943,  544  §  3;  revised,  1945,  526.  (See  1943, 
544  §  7A.) 

Sect.  50,  sentence  added  at  end,  1945,  472.     (See  1945,  722  §  2.) 

Sects.  51  and  52  amended,  1943,  544  §  3.     (See  1943,  544  §  7A.) 

Sect.  51  revised,  1945,  510. 

Sect.  52  revised,  1945,  478. 

Sect.  53  amended,  1949,  541  §  6. 

Sect.  54  revised,  1943,  544  §  5.     fSee  1943,  544  §  7A.) 

Sect.  55  amended,  1949,  541  §  7. 

Sect.  57  revised,  1945,  533  §  2;  1948,  582  §  2.  (See  1945,  722  §  2, 
1948,  582  §  3.) 

Sect.  59  revised,  1943,  544  §  6;  1945,  533  §  3.  (See  1943,  544  §  7A; 
1945  722  §  2.) 

Sect.  60  amended,  1945,  533  §  4.     (See  1945,  722  §  2.) 

Sect.  61  revised,  1945,  674  §  2.     (See  1945,  722  §  2.) 

Sect.  62,  sentence  added  at  end,  1950,  509. 

Sect.  69  revised,  1945,  643  §  2;  second  paragraph  amended,  1948, 
144  §  2. 

Sects.  71A-71C  added,  1945,  626  §  1  (providing  for  the  licensing 
of  persons  engaged  in  the  construction  and  maintenance  of  elevators 
and  escalators).     (See  1945,  626  §  2.) 

Sect.  71D  added,  1946,  495  (providing  that  persons  engaged  in 
certain  work  in  the  construction  and  maintenance  of  elevators  and 


Chaps.  145-147.]  GENERAL   LaWS.  965 

escalators  need  not  be  licensed  as  elevator  constructors,  maintenance 

men  or  repairmen). 
Sect.  74  revised.  1941,  553  §  1.     (See  1941,  553  §  9.) 
Sect.  75  revised,  1941,  553  §  2;    amended,  1950,  112.     (See  1941, 

553  §  9.) 
Sect.  76  revised,  1941,  553  §  3.     (See  1941,  553  §  9.) 
Sects.  77  and  78  repealed,  1941,  553  §  4.     (See  1941,  553  §  9.) 
Sect.  79  revised,  1941,  553  §  5.     (See  1941,  553  §  9.) 
Sect.  80  repealed,  1941,  553  §  4.     (See  1941,  553  §  9.) 
Sect.  82  amended.  1941,  553  §  6.     (See  1941,  553  §  9.) 
Sect.  85  amended,  1941,  553  §  7.     (See  1941,  553  §  9.) 
Sect.  86  amended,  1941,  553  §  8.     (See  1941,  553  §  9.) 

Chapter  145.  —  Tenement  Houses  in  Towns. 

Sect.  17A  added,  1934,  168  (relative  to  the  erection  of  garages  in 
the  yards  of  certain  tenement  houses). 

Sect.  59,  sentence  added  at  end,  1948,  550  §  26. 

Chapter  146.  —  Inspection  of  Boilers,  Air  Tanks,  etc.,  Licenses  of  Engineers, 
Firemen,  and  Operators  of  Hoisting  Machinery. 

Sect.  2  amended,  1941,  459;   1946,  336  §  1. 

Sect.  4  amended,  1946,  336  §  2. 

Sect.  7  amended,  1948,  321. 

Sect.  13  amended,  1952,  153. 

Sect.  16  revised,  1932,  180  §  28. 

Sect.  18  amended,  1953,  35  §  1. 

Sect.  22  revised,  1952,  541  §  1. 

Sect.  34  revised,  1938,  319  §  1;  sentence  added  at  end,  1947,  620; 
same  sentence  revised,  1948,  146. 

Sect.  35  amended,  1938,  319  §  2. 

Sect.  38  amended,  1953,  35  §  2. 

Sect.  40  revised,  1952,  541  §  2. 

Sect.  46,  first  sentence  amended,  1953,  207  §  lA. 

Sect.  49,  last  sentence  revised,  1953,  207  §  1.    (See  1953,  207  §  2.) 

Sect.  50  amended,  1935,  67;   1951,  36. 

Sect.  52  repealed,  1948,  140. 

Sect.  57  revised,  1952,  541  §  3. 

Sect.  60  amended,  1951,  398. 

Sect.  63  amended,  1952,  154. 

Sect.  67  revised,  1941,  525  §  1;  amended,  1946,  180;  revised,  1951, 
393;   1952,  175.     (See  1941,  525  §  2.) 

Sect.  68  stricken  out,  1953,  319  §  22.    (See  1953,  319  §§  39,  40.) 

Chapter  147.  —  State  and  Other  Police,  and  Certain  Powers  and  Duties  of 
the  Department  of  Public  Safety. 

Sect.  1A  added,  1947,  668  §  1  (relative  to  the  policing  of  reservations 
of  the  United  States  of  America).    (See  1947,  668  §  2.) 

Sect.  4B  added,  1939,  116  (providing  that  local  poUce  authorities 
and  district  attorneys  be  furnished  with  information  relative  to  certain 
persons  charged  with  or  convicted  of  sex  crimes,  so  called,  upon  their 
release  or  discharge  from  certain  institutions) ;  revised,  1954,  246. 


966  Changes  in  the  [Chap.  148. 

Sect.  8A  added,  1938,  296  (authorizing  the  carrying  of  certain 
weapons  by  sheriffs,  deputy  sheriffs  and  special  sheriffs,  and  certain 
officers  in  the  department  of  correction);  revised,  1939,  174, 

Sect.  10  amended,  1934,  23. 

Sect.  lOA  added,  1949,  148  (authorizing  the  appointment  as  special 
pohce  officers  of  employees  of  the  Port  of  Boston  Authority) . 

Sect.  lOB  added,  1953,  536  (authorizing  the  appointment  as  special 
pohce  officers  of  certain  employees  of  the  department  of  pubhc  health). 

Sects.  13B  and  13C  added,  1939,  419  §  2  (providing  for  the  ultimate 
abolition  of  reserve  police  forces  in  certain  cities  and  towns). 

Sect.  16A  added,  1937,  85  §  1  (providing  for  one  day  off  in  every 
seven  davs  for  police  officers  in  certain  cities  and  towns) ;  revised,  1938, 
426  §  1.  "^ 

Sect.  16B  added,  1938,  426  §  2  (providing  for  one  day  off  in  every 
six  days  for  police  officers  of  certain  cities  and  towns) . 

Sect.  16C  added,  1951,  346  §  1  (providing  for  a  five  day  work  week 
for  police  officers  in  certain  cities  and  towns). 

Sect.  17  amended,  1937,  85  §  2;  1938,  426  §  3;  1951,  346  §  2;  sen- 
tence added  at  end,  1954,  325. 

Sect.  17A  added,  1952,  268  (providing  additional  off  duty  and  extra 
pay  for  police  officers  in  certain  cases). 

Sect.  19,  sentence  added  after  the  first  sentence,  1939,  256  §  2.  (See 
1939,  256  §  3.) 

Sects.  25A-25C  added,  1937,  437  §  1  (relative  to  promoting  peaceful 
industrial  relations  by  regulating  certain  forms  of  private  police  and 
detective  activity  in  labor  disputes  and  related  matters). 

Sect.  25A,  sentence  added  at  end,  1953,  76. 

Sect.  25B  repealed,  1954,  544  §  1. 

Sect.  25C  revised,  1954,  544  §  2. 

Sect.  26  amended,  1937,  437  §  2. 

Sect.  30  revised,  1937,  437  §  3. 

Sect.  32  revised,  1935,  262  §  1. 

Sect.  33  amended,  1935,  262  §  2. 

Sect.  35  revised,  1934,  69;   1948,  199. 

Sect.  36  revised,  1932,  79. 

Sect.  38  revised,  1947,  234;  sixth  sentence  amended,  1953,  238. 

Sect.  39  revised,  1948,  371;   1949,  371;   1950,  114. 

Sect.  39A  added,  1948,  232  (excluding  certain  persons  who  have 
been  knocked  out  from  participating  in  boxing  or  sparring  matches). 

Sect.  39B  added,  1954,  177  (requiring  certain  persons  licensed  to 
conduct  boxing  matches  to  provide  insurance  for  contestants). 

Sect.  40  amended,  1952,  203. 

Chapter  148.  —  Fire  Prevention. 

Sect.  1,  definition  of  "Head  of  the  fire  department"  revised,  1945, 
470;  definition  of  "local  licensing  authority"  amended,  1932,  102; 
revised,  1953,  230  §  1 ;  three  paragraphs  added  at  end,  defining  "Board," 
"Building"  and  "Structure,"  1945,  470.    (See  1953,  230  §  2.) 

Sect.  2  amended,  1948,  504. 

Sect.  3  amended,  1945,  700  §  4. 

Sect.  4  amended,  1945,  710  §  2. 

Sect.  5,  sentence  in  lines  16-17  amended,  1945,  463. 


Chap.  148.]  GENERAL  LaWS.  967 

Sect.  9  amended,  1945,  710  §  3. 

Sect.  10  revised,  1945,  710  §  4;  third  paragraph  amended,  1948,  144 
§3. 

Sect.  lOA  added,  1932,  75  (relative  to  the  granting  of  certain  permits 
and  the  making  of  certain  inspections  by  municipal  officers  designated 
by  the  state  fire  marshal) ;  revised,  1945,  479. 

Sect.  lOB  added,  1954,  331  (establishing  a  penalty  for  the  violation 
of  any  rule  or  regulation  made  by  the  board  of  fire  prevention  regula- 
tions) . 

Sect.  13,  first  paragraph  amended,  1932,  22  §  1;  section  amended, 
1935,  123  §  1 ;  revised,  1936,  394  §  1 ;  first  paragraph  amended,  1945, 
415  §  1;  revised,  1945,  710  §  5;  1948,  550  §  27;  amended,  1951,  329; 
1953,  200;  second  paragraph  amended,  1945,  710  §  6;  third  paragraph 
amended,  1939,  333;  1945,  710  §  7;  fourth  paragraph  amended,  1945, 
710  §  8;  last  paragraph  amended,  1938,  99.  (See  1932,  22  §  2;  1936, 
394  §§  2,  3;   1945,  415  §  2;  710  §  19.) 

Sect.  14  amended,  1938,  103. 

Sect.  16  amended,  1941,  288. 

Sect.  18  repealed,  1934,  182  §  2. 

Sect.  19,  sentence  added  at  end,  1948,  550  §  28. 

Sect.  20 A  added,  1946,  501  (relative  to  bonds  to  cover  risk  of  damages 
from  blasting  operations  conducted* in  several  municipalities). 

Sect.  21  amended,  1945,  710  §  9. 

Sect.  22  amended,  1945,  710  §  10. 

Sect.  23  amended,  1935,  123  §  2. 

Sect.  23A  added,  1948,  188  (prohibiting  the  use  of  inflammable  anti- 
freeze solutions  in  fire  hydrants). 

Sect.  25  amended,  1945,  710  §  11. 

Sect.  26  amended,  1945,  481. 

Sect.  27 A  added,  1932,  283  (relative  to  the  protection  of  fife  and 
property  from  fire  hazards  incident  to  the  present  industrial  emer- 
gency). 

Sect.  28,  paragraph  L  amended,  1943,  546  §  4;  section  amended, 
1945,  710  §  12;  paragraph  I  revised,  1949,  512;  paragraph  L  revised 
and  paragraph  N  added,  1946.  363  §  9.    (See  1943,  546  §  5.) 

Sect.  29  amended,  1939,  205. 

Sect.  30  amended,  1945,  710  §  13. 

Sect.  31  amended,  1945,  460. 

Sect.  38  amended,  1945,  710  §  14. 

Sect.  38A  added,  1938,  95  (prohibiting  the  removal  of  certain  gaso- 
fine  tanks  without  a  permit). 

Sect.  39  revised,  1943,  291  §  1. 

Sect.  39A  added,  1943,  291  §  2  (authorizing  the  making  of  rules  and 
regulations  for  the  granting  of  permits  for  supervised  displays  of  fire- 
works); amended,  1945,  256;  710  §  15. 

Sect.  40  amended,  1945,  710  §  16;  sentence  added  at  end,  1948, 
550  §  29. 

Sect.  42,  sentence  added  at  end,  1951,  184. 

Sect.  46  amended,  1945,  710  §  17. 

Sects.  48  and  49  repealed,  1946,  282. 

Sect.  49A  added,  1934,  182  §  1  (relative  to  the  inspection  of  kerosene 
or  any  product  thereof  kept  for  sale  for  illuminating,  heating  or  cook- 
ing purposes) ;  repealed,  1946,  282. 


968  Changes  in  the  [Chap.  149. 

Sect.  50  amended,  1943,  291  §  3. 

Sect.  52 A  added,  1950,  258  (prohibiting  the  sale  of  exploding  matches). 

Sect.  53  repealed,  1943,  291  §  4. 

Sect.  54  revised,  1948,  370  §  2;  amended,  1952,  254. 

Chapter  149.  —  Labor  and  Industries. 

For  temporary  legislation  authorizing  the  commissioner  of  labor  and 
industries  to  suspend  certain  laws,  rules  and  regulations  relative  to 
the  employment  of  women  and  minors  when  necessary  to  provide  relief 
from  conditions  resulting  from  the  present  shortage  of  man  power, 
see  1943,  382. 

For  temporary  legislation  authorizing  the  commissioner  of  labor 
and  industries  to  suspend  certain  laws,  rules  and  regulations  relative 
to  the  employment  of  women  and  minors  when  an  emergency  exists  or 
conditions  of  hardship  require  or  justify  suspension,  see  1947,  357  §  4; 
1949,  332;   1950,  168;   1951,  167;   1952,  119;   1953,  236;   1954,  10. 

For  legislation  relative  to  interstate  compacts  affecting  labor  and 
industry,  see  1933,  Res.  44;  1934,  383,  Res.  25;  1935,  315  §§  1-3;  1936, 
Res.  68;  1937,  404;   1943,  255. 

Sect.  1,  paragraph  defining  "co-operative  courses"  amended,  1939, 
461  §  4;  paragraph  defining  "discrimination"  inserted,  1937,  367  §  1; 
paragraphs  detining  "employee"  and  "employer"  inserted,  1945,  584 
§  1;  definition  of  "employment"  amended,  1945,  584  §  2;  revised, 
1945,  646;  paragraph  defining  "employment  permit",  "permit  for 
employment"  or  "employment  certificate"  inserted,  1939,  461  §  4A; 
revised,  1945,  133  §  3;  paragraph  defining  "mercantile  establishments" 
amended,  1936,  78. 

Sect.  6  amended,  1934,  132  §  1;  1937,  249;  two  paragraphs  added  at 
end,  1952,  155;  paragraph  added  at  end,  1954,  680  §  7.  (See  1934, 
132  §  2.) 

Sect.  8  amended,  1943,  441. 

Sect.  11  amended,  1935,  328;  revised,  1950,  453. 

Sect.  17  amended,  1945,  430. 

Sect.  19A  added,  1953,  117  (requiring  the  furnishing  of  copies  of 
certain  medical  reports  to  employees). 

Sect.  20A  added,  1933,  351  §  1  (relative  to  the  judicial  enforcement 
of  certain  contracts  relative  to  membership  in  labor  or  employers' 
organizations).     (See  1933,  351  §  2.) 

Sects.  20B  and  20C  added,  1935,  407  §  1  (regulating  the  liability 
of  labor  unions  and  others  involved  in  labor  disputes,  and  defining 
labor  disputes  and  other  terms  used  in  connection  therewith).  (See 
1935,  407  §  6.) 

Sect.  20C.  See  1937,  436  §  10;  G.  L.  150A  §  6  (h)  inserted  by  1938, 
345  §  2;  first  sentence  amended,  1950,  452  §  1;  subsection  (c)  stricken 
out  and  subsections  (c)-(/)  inserted,  1950,  452  §  2.  (See  1950,  452 
§§  5-7.) 

Sect.  22  amended,  1951,  166  §  1. 

Sect.  23,  first  paragraph  amended,  1951,  166  §  2;  second  paragraph 
amended,  1935,  114. 

Sect.  23A  added,  1934,  233  (regulating  the  employment  of  armed 
guards  in  connection  with  strikes,  lockouts  and  other  labor  troubles). 

Sect.  24  amended,  1933,  272;  revised,  1950,  452  §  4.  (See  1950, 
452  §§  5-7.) 


Chap.  149.]  GENERAL   LaWS.  969 

Sects.  24A-24J  added,  under  the  caption  "DrscRiMiNATiON  against 

CERTAIN  PERSONS  IN  EMPLOYMENT  ON  ACCOUNT  OF  AGE",   1937,  367  §  2. 

Sects.  26  and  27  stricken  out,  and  new  sections  26-27D  added,  1935. 
461  (relative  to  preference  and  minimum  wages  of  veterans  and  others 
in  certain  employments  on  certain  public  works). 

Sect.  26  amended,  1947,  334;  first  sentence  revised,  1954,  627  §  32; 
paragraph  added  at  end,  1937,  346;  same  paragraph  revised,  1938,  413- 
1946,  591  §46.    (See  1954,  627  §§  65,  67.) 

Sect.  27E  added,  1938,  67  (establishing  residential  requirements  to 
be  observed  in  the  employment  of  certain  persons  by  the  department 
of  public  works). 

Sect.  28  revised,  1948,  550  §  30. 

Sect.  29  amended,  1935,  217  §  2;  revised,  1935,  472  §  2;   1938,  361. 

Sect.  29A  added,  1949,  185  (relative  to  the  enforcement  of  certain 
surety  bonds  by  persons  furnishing  labor  and  materials  on  private 
building  projects). 

Sect.  30  revised,  1936,  367  §  1;  1947,  680  §  1. 

Sect.  30A  added,  1947,  677  §  1  (further  regulating  the  work  hours 
of  certain  persons  employed  by  the  commonwealth) ;   amended,  1949 
780;  1950,  439;  revised,  1952,  626.    (See  1947,  677  §§  2,  3.) 

Sect.  32  revised,  1945,  680. 

Sect.  33 A  added,  1947,  649  (authorizing  a  forty  hour  week  for  em- 
ployees of  certain  cities  and  towns);  revised,  1948,  657. 

Sect.  33B  added,  1950,  653  (further  regulating  the  work  hours  of 
persons  emploved  by  cities  and  towns). 

Sect.  34  amended,  1936,  367  §  2;  revised,  1947,  680  §  2. 

Sect.  34A  added,  1938,  438  (requiring  contractors  on  public  buildings 
and  other  public  works  to  provide  and  continue  in  force,  during  the 
full  term  of  the  contract,  insurance  under  the  Workmen's  Compensation 
Law,  so  called). 

Sect.  34B  added,  1939,  252  (regulating  the  rate  of  compensation 
paid  to  reserve  police  officers  by  contractors  on  certain  public  works). 

Sect.  34C  added,  1947,  680  §  3  (concerning  the  applicability  of 
certain  provisions  of  law  relative  to  hours  of  labor  on  public  works). 

Sect.  36  amended,  1942,  1  §  7.     (See  1942,  1  §  9.) 

Sect.  39  revised,  1935,  444  §  1;   1954,  632  §  1.    (See  1935,  444  §  2.) 

Sect.  40  revised,  1945,  426  §  1;  repealed,  1954,  632  §  2.  (See  1945, 
426  §  2.) 

Sects.  44A-44D  added,  1939,  480  (requiring  fair  competition  for 
bidders  on  the  construction,  reconstruction,  alteration,  remodelling  or 
repair  of  certain  pubUc  works  by  the  commonwealth  or  any  political 
subdivision  thereof). 

Sect.  44A  revised,  1941,  699  §  1;   1954,  645  §  1.    (See  1954,  645  §  5.) 

Sect.  44B  revised,  1954,  645  §  2.    (See  1954,  645  §  5.) 

Sect.  44C,  subsection  (B)  revised,  1941,  699  §  2;  subsection  (D) 
amended,  1941,  699  §  3;  first  paragraph  of  subsection  (E)  revised,  1941, 
699  §  4;  sentence  added  at  end  of  subsection  (E),  1941,  699  §  5;  last 
paragraph  of  "Draft  of  Proposal  Form"  amended,  1941,  699  §  6;  para- 
graph contained  in  lines  14-18  of  the  "Proposal  Form  (Sub-Bidder)" 
amended,  1941,  699  §  7;  section  revised,  1954,  645  §  3.  (See  1954, 
645  §  5.) 

Sect.  44E  added,  1954,  645  §  4  (relative  to  powers  of  the  depart- 
ment with  relation  to  contracts  for  public  building  projects). 


970  Changes  in  the  [Chap.  149. 

Sect.  48  revised,  1935,  185,  423  §  3;  amended,  1938,  320;  revised, 
1939,  235  §  1. 

Sect.  49  amended,  1937,  221 ;  revised,  1938,  295. 

Sect.  50  revised,  1933,  225;  amended,  1935,  423  §  1. 

Sect.  50A  added,  1935,  423  §  2  (making  one  day's  rest  in  seven  law 
applicable  to  watchmen  and  employees  maintaining  fires  in  certain 
establishments). 

Sect.  51  revised,  1939,  235  §  2. 

Sect.  51 A  added,  1954,  93  (authorizing  exemptions  from  the  law 
requiring  one  day's  rest  in  seven). 

Sect.  55  revised,  1945,  87. 

Sect.  56  amended,  1932,  110  §  1;  revised,  1935,  200;  first  sentence 
stricken  out  and  two  sentences  inserted,  1939,  377;  section  amended, 
1941,  574,  610  §  1;  first  sentence  amended,  1947,  161;  re\'ised,  1947, 
368;  amended,  1948,  196;  paragraph  added  at  end,  1946,  241  §  1.  (See 
1941,  610  §§  2,  3.) 

Sect.  57  amended,  1932,  110  §  2. 

Sect.  59  amended,  1933,  193  §  1;  1936,  170  §  1;  revised,  1947, 
357  §  1.  (For  prior  temporary  legislation  authorizing  the  commissioner 
of  labor  and  industries  to  suspend  certain  provisions  relative  to  the 
hours  of  employment  of  women  in  the  textile  and  leather  industries, 
see  1933,  347;  time  for  suspension  as  to  the  textile  industry  extended, 
1935,  429;  1936,  154;  1937,  153;  1938,  68;  1939,  96;  1941,  154;  1943, 
306;  1945,  14;  1946,  96.  For  prior  temporary  legislation  suspending 
certain  provisions  relative  to  the  hours  of  employment  of  women  and 
children  in  the  textile  industry  and  to  their  meal  periods,  1946,  127, 
560.) 

Sect.  60  revised,  1935,  203;  paragraph  added  at  end,  1939,  193  §  1; 
section  revised,  1939,  273,  461  §  5;  1947,  109  §  1.    (See  1939,  461  §  13.) 

Sect.  61,  clause  (1)  revised,  1946,  241  §  2;  section  amended,  1954, 
98;  last  sentence  stricken  out,  1954,  240  §  1. 

Sect.  62,  clause  (13)  amended,  1934,  328  §  19;  section  amended, 
1945,  337;   clause  (15)  added,  1946,  171;  amended,  1954,  240  §  2. 

Sect.  65  amended,  1939,  352;  revised,  1939,  461  §  6. 

Sect.  66  amended,  1933,  193  §  2;  1936,  170  §  2;  1939,  255;  1946, 
48;  affected,  1946,  127,  560;  section  revised,  1947,  357  §  2. 

Sect.  67  revised,  1939,  348. 

Sects.  69-73.    See  1934,  114. 

Sect.  69  amended,  1939,  461  §  7. 

Sect.  70,  sentence  added  at  end,  1939,  94;  section  revised,  1945,  133 
§4. 

Sect.  71  amended,  1945,  133  §  5. 

Sect.  73  revised,  1939,  461  §  8. 

Sect.  78  amended,  1934,  292  §  1 ;   1954,  240  §  3. 

Sect.  79  amended,  1954,  291. 

Sect.  84  amended,  1932,  180  §  29. 

Sect.  86  revised,  1939.  461  §  9;  first  paragraph  revised,  1947,  109 
§2. 

Sect.  87  revised,  1939,  461  §  10;  paragraph  inserted  after  subsection 
(4)  (e),  1952,  63. 

Sect.  88  amended,  1945,  133  §  6. 

Sect.  89  revised,  1945,  133  §  7. 

Sect.  90  revised,  1945,  133  §  8. 


Chap.  149.]  GENERAL   LaWS.  971 

Sect.  94  revised,  1939,  461  §  11. 

Sect.  95,  first  paragraph  amended,  1945,  133  §  9. 

Sect.  100  amended,  1939,  280;  affected,  1946,  127,  560;  section  re- 
vised, 1947,  357  §  3. 

Sect.  101  revised,  1938,  335. 

Sect.  104  amended,  1932,  27;    1939,  193  §  2;   revised,  1954,  110. 

Sects.  105A-105C  added,  1945,  584  §  3  (penalizing  discriminatory 
wage  rates  based  on  sex). 

Sect.  105A  revised,  1947,  565;   1951,  180. 

Sect.  113  revised,  1934,  255. 

Sect.  117  revised,  1935,  208. 

Sect.  126  revised,  1945,  528;  first  sentence  revised,  1954,  349. 

Sect.  127  revised,  1951,  38. 

Sect.  129A  added,  1949,  305  (requiring  the  shoring  of  certain  exca- 
vations) . 

Sect.  130  revised,  1954,  59. 

Sect.  135  amended,  1933,  64. 

Sect.  140  repealed,  1953,  57. 

Sect.  141A  added,  1949,  255  (limiting  the  weight  to  be  lifted  by 
hand  by  certain  employees  in  textile  factories) . 

Sects.  142A-142F  added,  under  caption  "benzol  and  mixtures 
CONTAINING  BENZOL ",  1933,  304  (regulating  the  sale,  distribution, 
storage  and  use  of  benzol  and  its  compounds). 

Sect  142A  amended,  1935,  463  §  1;  revised,  1949,  591  §  1. 

Sect.  142B  revised,  1935,  463  §  2;  1949,  591  §  2. 

Sect.  142D  amended,  1949,  591  §  3. 

Sect.  142E  revised,  1949,  591  §  4. 

Sect.  142F  amended,  1949,  591  §  5. 

Sects.  143-147A,  and  the  heading  above  section  143,  stricken  out, 
and  new  sections  143-147H  inserted,  under  the  heading  "industrial 
homework",  1937,  429. 

Sect.  143  revised,  1945,  600  §  1. 

Sect.  144  amended,  1945,  600  §  2. 

Sect,  147  amended,  1941,  539;  first  paragraph  amended,  1945,  600 
§  3;  second  paragraph  amended,  1953,  247. 

Sect.  147A  added,  1932,  234  (requiring  the  furnishing  of  certain 
information  to  the  department  of  labor  and  industries  with  respect  to 
the  performance  of  certain  industrial  work  in  tenements  and  dwelling 
houses);  section  stricken  out  and  new  section  inserted,  1937,  429; 
amended,  1939,  461  §  12. 

Sect.  147B  amended,  1945,  600  §  4. 

Sect.  147C  amended,  1945,  600  §  5. 

Sect.  147D  amended,  1945,  600  §  6. 

Sect.  147G  amended,  1945,  600  §  7. 

Sect.  148,  last  sentence  amended,  1932,  101  §  1;  section  revised, 
1935,  350;  1936,  160;  paragraph  inserted  after  first  paragraph,  1943, 
467;  paragraph  inserted  after  third  paragraph,  1943,  378;  same  para- 
graph amended,  1943,  563;  revised,  1946,  414;  last  paragraph  amended, 
1951,  28. 

Sect.  150,  sentence  added  at  end,  1932,  101  §  2. 

Sect.  150A  added,  1938,  403  (requiring  employers  to  furnish  certain 
information  to  employees  relative  to  deductions  from  wages  for  social 
security  and  unemployment  compensation  benefits) . 


972  Changes  in  the  [Chaps.  i50,  150A. 

Sect.  150B  added,  1943,  385  (prohibiting  labor  unions  from  requir- 
ing payment  of  certain  fees  as  a  condition  of  securing  or  continuing 
employment) . 

Sect.  152A  added,  1952,  490  (prohibiting  the  payment  by  an  em- 
ployee to  an  employer  of  tips  or  gratuities  received  during  the  course 
of  employment). 

Sect.  156  amended,  1935,  363  §  1;  1941,  164.     (See  1935,  363  §  2.) 

Sect.  157A  added,  1933,  268  (insuring  to  piece  or  job  workers  in 
factories  and  workshops  information  relative  to  their  compensation). 

Sect.  159A  added,  1937,  342  §  1  (to  prevent  the  misleading  of  patrons 
of  certain  places  as  to  the  beneficiaries  of  tips  given  to  hat-check  and 
cigarette  girls  and  the  like) . 

Sect.  159B  added,  1949,  241  (requiring  payment  by  employers  for 
medical  examinations  of  present  or  prospective  employees  in  certain 
cases). 

Sect.  170  amended,  1945,  580  §  8.     (See  1945,  580  §  9.) 

Sect.  171  revised,  1948,  487. 

Sect.  178A  added,  1932,  175  (authorizing  the  payment  of  small 
amounts  of  wages  or  salary  of  intestate  employees  to  certain  next  of 
kin  without  administration);  sentence  added  at  end,  1953,  436  §  4; 
section  revised,  1954,  562  §  4. 

Sect.  178B  added,  1947,  189  §  1  (to  authorize  deductions  from  wages 
of  employees  of  districts  and  municipalities  for  making  certain  payments 
to  credit  unions  of  such  employees).  [For  prior  legislation,  see  G.  L. 
chapter  171  §  6A  (1946,  184)  repealed  by  1947,  189  §  2.] 

Sect.  178C  added,  1953,  436  §  5  (relative  to  the  payment  of  salaries, 
wages  or  other  sums  owing  by  the  commonwealth  or  certain  pohtical 
subdivisions  thereof  upon  the  death  of  their  officers  or  employees) ;  re- 
vised, 1954,  562  §  5.    (See  1953,  436  §  7.) 

Sect.  179B  added,  1941,  642  (requiring  the  giving  of  notice  to  the 
Commissioner  of  Labor  and  Industries  of  the  commencement  or  a 
change  of  location  of  operations  by  industries  in  this  commonwealth) . 

Chapter  150.  —  Conciliation  and  Arbitration  of  Industrial  Disputes. 

Sect.  3  amended,  1938,  364  §  1;  1939,  111. 
Sect.  5  revised,  1938,  364  §  2. 
Sect.  7,  fifth  sentence  amended,  1946,  590  §  1. 
Sect.  9,  last  sentence  amended,  1946,  590  §  2. 

Sect.  11  added,  1949,  548  (providing  that  certain  agreements  for  the 
arbitration  and  conciUation  of  labor  disputes  shall  be  valid). 

Chapter  150A.  —  Labor  Relations. 

New  chapter  inserted,  1938,  345  §  2  (incorporating  the  provisions  of  1937, 
436,  relative  to  labor  relations  as  an  addition  to  the  General  Laws).  (See 
1938,  345  §§  3,  4.) 

Sect.  2,  subsection  (9)  added,  1951,  615  §  1. 

Sect.  3  revised,  1951,  615  §  2. 

Sect.  4,  subsection  (3)  revised,  1947,  657  §  1;  subsection  (6)  added, 
1947,  657  §  2. 

Sect.  4A  revised,  1947,  657  §  3. 

Sect.  4B  added,  1947,  657  §  3  (making  it  an  unfair  labor  practice  for 
a  labor  organization  to  refuse  to  bargain  collectively  in  certain  cases). 


Chaps.  150B,  151.]  GENERAL  LaWS.  973 

Sect.  5,  subsection  (a)  revised,  1951,  615  §  3;  subsection  (6)  amended, 
1939,  318;  revised,  1951,  615  §  4;  subsection  (c)  amended,  1947,  657 
§4. 

Sect.  6,  subsection  (a)  amended,  1947,  657  §  5;  subsection  (e) 
amended,  1954,  681  §  10;  subsection  (/)  amended,  1954,  681  §  11; 
subsection  (h)  amended,  1941,  261. 

Sects.  6A-6C  added,  1947,  657  §  6  (relative  to  membership  in  labor 
organizations  where  such  membership  is  required  as  a  condition  of 
employment). 

Sect.  7,  first  paragraph  amended,  1947,  657  §  7. 

Sect.  9  amended,  1947,  657  §  8. 

Sect.  10,  subsection  (b)  revised,  1945,  354;   1947.  657  §  9. 

Chapter  150B.  —  Peaceful  Settlement  of  Industrial  Disputes  Dangerous  to 
Public  Health  and  Safety. 

New  chapter  inserted,  1947,  596. 

Sects.  3  and  4  revised,  1954,  557  §  1. 

Sect.  8  added,  1954,  557  §  2  (relative  to  compensation  for  persons 
appointed  as  moderators,  commissioners  or  board  members  in  matters 
relating  to  peaceful  settlement  of  industrial  disputes). 

Chapter  151.  —  Minimum  Fair  Wages  (former  title.  Minimum  Fair  Wages 
for  Women  and  Minors). 

Chapter  stricken  out,  and  new  chapter  151  inserted,  1934,  308  §  1.  (See 
1934,  308  §§  2,  3;    1935,  267.     See  also  1933,  Res.  44;    1934,  383,  Res.  25.) 

Chapter  stricken  out,  and  new  chapter  151  (with  new  title)  inserted, 
1937,  401  §  1.     (See  1937,  401  §§  2,  3.) 

Chapter  stricken  out,  and  new  chapter  151  (with  new  title)  inserted^ 
1947,  432  §  1  (incorporating  as  part  of  the  General  Laws,  1946,  545  which 
extended  the  minimum  wage  law,  so  called,  to  adult  male  persons).  (See 
1947,  432  §  2). 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  151,  as  so  inserted: 

Sect.  1,  second  sentence  amended,  1952,  558  §  1;  sentence  added  at 
end,  1949,  777  §  1.    (See  1949,  777  §§  2,  4.) 

Sect.  2,  definition  of  "A  directory  order"  stricken  out,  1952,  558  §  2; 
definition  of  "Occupation"  revised,  1948,  362;  amended,  1952,  558 
§3;  revised,  1954,  174. 

Sect.  7,  paragraph  added  at  end,  1952,  558  §  4;  revised,  1953,  515. 
(See  1952,  558  §  5.) 

Sect.  8,  last  sentence  revised,  1952,  558  §  6. 

Sect.  10,  first  sentence  revised,  1952,  558  §  7. 

Sect.  11,  first  sentence  amended,  1952,  558  §  8. 

Sect.  12  revised,  1952,  558  §  9. 

Sect.  13  amended,  1952,  558  §  10. 

Sect.  15  amended,  1950,  349  §  1. 

Sect.  16  amended,  1952,  558  §  11. 

Sect.  19,  paragraph  (2)  revised,  1949,  777  §  3;  1952,  558  §  12.  (See 
1949,  777  §§  2,  4.) 

Sect.  20A  added,  1950,  349  §  2  (establishing  a  time  durmg  which 
certain  actions  may  be  brought  under  the  minimum  wage  law). 


974  Changes  in  the  [Chap.  151A. 


Chapter  151A.  —  Employment  Security  (former  title,  Unemployment 

Compensation) . 

For  legislation  providing  for  the  payment  of  unemployment  compen- 
sation benefits  to  persons  upon  termination  of  service  in  the  military  or 
naval  forces  of  the  United  States  during  the  present  national  emergency, 
see  1941,  701;   1943,  319;   1946,  168. 

New  chapter  inserted,  1935,  479  §  5.  (See  1935,  479  §§  6,  7;  1936,  12  §  3, 
249  §  16.) 

Chapter  stricken  out,  and  new  chapter  151A  (with  same  title)  inserted, 
1937,  421  §  1.     (See  1937,  421  §§  2-4.) 

Chapter  stricken  out,  and  new  chapter  151A  (with  new  title)  inserted, 
1941,  685  §  1.     (See  1941,  685  §§  7-11;    1941,  686.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  151 A  as  so  inserted: 

Sect.  1,  subsections  (a),  (c)  and  (r)  (1)  revised,  1951,  763  §  1;  sub- 
section (a)  revised,  1953,  560  §  1;  subsection  (r)  (2),  sentence  added 
at  end,  1949,  476;  subsection  (r)  (2)  revised,  1951,  763  §  1;  subsection 
(r)  (3)  added,  1953,  635  §  1;  subsection  (s)  (1)  stricken  out,  1948, 
603  §  1;  subsection  (s)  revised,  1951,  763  §  1;  amended,  1954,  279  §  1; 
subsection  (w)  added,  1949,  639  §  2,  defining  "American  vessel";  sub- 
section (v),  defining  "Remuneration",  and  subsection  (w),  defining 
"Average  weekly  wage",  added,  1951,  763  §  2;  subsection  (v)  repealed, 
1953,  635  §2.  (See  1949,  639  §  3;  1951,  763  §22;  1953,  560  §3;  1954, 
279  §  2.) 

Sect.  6,  subsection  (c)  revised,  1949,  639  §  1 ;  subsection  {d)  revised, 
1951,  763  §  3;  1954,  280  §  1;  subsection  (/)  amended,  1954,  431  §  1; 
subsection  (h)  revised,  1951,  763  §  3;  subsection  (j)  revised,  1951, 
763  §  3;  subsection  (n)  revised,  1951,  763  §  3;  subsection  (q)  amended, 

1947,  433.    (See  1949,  639  §  3;   1951,  763  §  22;   1954,  280  §  2.) 

Sect.  8,  subsection  (a)  amended,  1950,  535;  subsections  (g)  and  (h) 
added  at  end,  1943,  534  §  2. 

Sect.  11  revised,  1941,  685  §  2;   1951,  763  §  4.     (See  1951,  763  §  22.) 

Sect.   14,  first  paragraph  revised,   1948,  603   §  2;    subsection   (a) 
amended,  1948,  603  §  3;    subsection  (6)   (2)  revised,  1943,  534  §  1; 
amended,  1945,  484  §  2;    1946,  170  §  2;   1948,  537  §  1;  subsection  (b) 
(4),  sentence  added  at  end,  1947,  602  §  1;  subsection  (6)  revised,  1949, 
740  §  1;    subsection  (c)  added,  1943,  534  §  lA;    designations  of  sub- 
sections (c)  and  (d)  changed  to  (d)  and  (e),  respectively,  1943,  534 
§  IB;   subsection  (c)  revised,  1945,  516;   paragraph  in  lines  48-72  re- 
vised, 1946,  360;   subsection  (c)  revised,  1947,  440  §  1;    1949,  740  §  2 
subsection  (e)  amended,  1948,  537  §  2;  section  revised,  1951,  763  §  5 
1953,  397;   subsection  (o)  added,  1954,  431  §  2.     (See  1947,  440  §  2 
602  §  2;   1948,  537  §  3;   1949,  740  §  3;   1951,  763  §  22.) 

Sect.  15,  subsection  (a)  amended,  1950,  232;  subsection  (6)  revised, 

1948,  603  §  6;  subsection  (c)  revised,  1943,  373. 
Sect.  22,  sentence  added  at  end,  1945,  625  §  2. 

Sect.  23,  subsection  (a)  revised,  1941,  685  §  3;  1951,  763  §  6;  sub- 
sections (6)  and  (c)  revised,  1951,  763  §  6;  subsection  (e)  stricken  out, 
1943,  534  §  3;  subsection  (/)  added,  1951,  763  §  7.     (See  1951,  763  §  22.) 

Sect.  24  revised,  1951,  763  §  8.     (See  1951,  763  §  22.) 


Chap,  151B.]  GenEEAL  LaWS.  975 

Sect.  25,  subsection  (a)  amended,  1948,  421;  revised,  1951,  763  §  9; 
subsection  (6)  amended,  1953,  464;  subsection  (d)  amended,  1945,  356; 
revised,  1951,  763  §  9;  subsection  (e)  revised,  1951,  763  §  9;  1953,  401; 
subsection  (/)  added,  1951,  763  §  10.    (See  1951,  763  §  22.) 

Sect.  27  amended,  1945,  625  §  3;  revised,  1948,  630;  1951,  763  §  11. 
(See  1951,  763  §  22.) 

Sect.  28,  paragraph  added  at  end,  1954,  431  §  3. 

Sect.  29,  subsection  (a)  revised,  1943,  534  §  5;  1945,  484  §  1;  1946, 
170  §  1;  subsection  (6)  revised,  1951,  763  §  12;  1954,  673;  subsection 
(c)  added,  1946,  611;  revised,  1949,  501;  1951,  763  §  12;  1954,  635. 
(See  1951,  763  §  22.) 

Sect.  29A  added,  1949,  421  (providing  that  benefits  under  this 
chapter  shall  not  be  reduced  by  reason  of  the  receipt  of  hohday  pay, 
so  called). 

Sect.  30  amended,  1945,  484  §  3;  revised,  1949,  559;  1953,  410  §  1. 
(See  1953,  410  §  2.) 

Sect.  31  revised,  1951,  763  §  13.     (See  1951,  763  §  22.) 

Sect.  32  repealed,  1951,  763  §  14.     (See  1951,  763  §  22.) 

Sect.  33  repealed,  1943,  534  §  4. 

Sect.  34  repealed,  1951,  763  §  14.     (See  1951,  763  §  22.) 

Sect.  38  revised,  1951,  763  §  15;  subsection  (a),  paragraph  added 
at  end,  1953,  560  §  2.    (See  1951,  763  §  22;   1953,  560  §  3.) 

Sect.  39  revised,  1949,  659;   1951,  763  §  16.     (See  1951,  763  §  22.) 

Sect.  40  revised,  1951,  763  §  17.     (See  1951,  763  §  22.) 

Sect.  42  revised,  1943,  534  §  6;  fifth  sentence  stricken  out  and  three 
sentences  inserted,  1951,  763  §  18;  eighth  sentence  revised,  1954, 
681  §  12;   next  to  last  sentence  stricken  out  and  six  sentences  inserted, 

1947,  434.    (See  1951,  763  §  22;  1954,  681  §§  20,  22.) 
Sect.  44,  subsection  (6)  revised,  1948,  603  §  4. 

Sect.  45A  added,  1954,  655  (requiring  an  employer  to  furnish  an 
employee  with  a  wage  report). 

Sect.  46,  second  sentence  amended,  1954,  512;  subsection  (o)  added, 

1948,  603  §  5. 

Sect.  47  revised,  1951,  763  §  19.     (See  1951,  763  §  22.) 

Sect.  62  amended,  1952,  394. 

Sect.  66A  added,  1949,  646  (authorizing  the  director  of  employment 
security  to  enter  into  reciprocal  agreements  with  foreign  countries 
relative  to  the  administration  of  the  employment  security  law). 

Sect.  69,  paragraph  added  at  end,  1949,  555;  section  revised,  1951, 
763  §  20.     (See  1951,  763  §  22.) 

Sect.  71  revised,  1951,  763  §  21.     (See  1951,  763  §  22.) 

Sect.  74  revised,  1949,  290. 

Chapter  151B.  —  Unlawful  Discrimination  against  Race,   Color,   Religious 
Creed,  National  Origin  or  Ancestry. 
New  chapter  inserted,  1946,  368  §  4. 

Sect.  1,  subsection  5  amended,  1950,  697  §  1;  subsection  8  added, 
1950,  697  §  2. 

Sect.  3,  subsection  6  amended,  1950,  697  §  3;  subsection  8  amended, 
1950,  697  §  4;  subsection  9  amended,  1950,  697  §  5. 

Sect.  4,  subsection  1  amended,  1950,  697  §  6;  subsection  2  amended, 
1950,  697  §  7;  subsection  3  amended,  1950,  697  §  8;  paragraph  added 
at  end,  1947,  424. 


976  Changes  in  the  [Chaps.  151C,  152. 

Sect.  5  revised,  1950,  479  §  4. 

Sect.  6,  seventh  sentence  revised,  1954,  681  §  13.     (See  1954,  681 
§§  20,  22.) 
Sect.  9  amended,  1950,  697  §  9. 

Chapter  151 C.  —  Fair  Educational  Practices. 
New  chapter  inserted,  1949,  726  §  2. 

Sect.  4,  paragraph  (c)  revised,  1954, 681  §  14.  (See  1954, 681  §§  20, 22.) 

Chapter  152.  —  Workmen's  Compensation. 

For  legislation  requiring  manufacturers  to  insure  under  the  work- 
men's compensation  act  where  employees  work  on  machinery,  see  1936, 
426;  repealed,  1948,  156. 

Sect.  1,  two  sentences  added  at  end  of  paragraph  (1),  1935,  332  §  1; 
paragraph  (1)  revised,  1943,  529  §  1;  paragraph  (2)  revised,  1953, 
314  §  2;  paragraph  (3)  amended,  1950,  738  §  1;  paragraph  (4)  revised, 
1935,  406;  1943,  529  §  3;  1945,  369;  first  paragraph  of  paragraph  (4) 
amended,  1947,  215;  paragraph  inserted,  1951,  109  §  1;  amended, 
1953,  139;  third  paragraph  of  paragraph  (4)  revised,  1953,  656  §  1; 
paragraph  (5)  revised,  1943,  529  §  lA;  1954,  265;  paragraph:|(6) 
amended,  1943,  529  §  2;  paragraph  (7)  revised,  1950,  277  §  2;  para- 
graph (7 A)  added,  1941,  347;  paragraph  (7B)  added,  1947,  488  §  9; 
same  paragraph  repealed,  1950,  277  §  1 ;  paragraph  (8)  revised,  1953, 
314  §  3.    (See  1943,  529  §  14;   1951,  109  §  2.) 

Sect.  2  amended,  1953,  314  §  4. 

Sect.  2A  added,  1946,  386  §  3  (Umiting  the  application  of  certain 
acts  in  amendment  of  G.  L.  152  increasing  the  amounts  of  compensation 
payable  thereunder). 

Sect.  4  revised,  1939,  83;   1953,  314  §  5. 

Sect.  5,  paragraph  added  at  end,  1943,  359;  section  amended,  1953, 
314  §  6. 

Sect.  6  amended,  1945,  347;   1953,  314  §  6. 

Sect.  7  amended,  1953,  314  §  6. 

Sect.  7A  added,  1947,  380  (relative  to  procedure  in  certain  claims 
under  the  workmen's  compensation  law  where  employees  are  unable  to 
testify). 

Sect.  7B  added,  1947,  455  (regulating  the  admissibility  of  certain 
evidence  in  workmen's  compensation  cases). 

Sect.  8  amended,  1953,  314  §  6. 

Sect.  8 A  amended,  1953,  314  §  6. 

Sect.  9  revised,  1949,  442;  amended,  1953,  314  §  6. 

Sect.  9A  revised,  1938,  381;  amended,  1953,  314  §  6. 

Sect.  9B  added,  1935,  424  (providing  for  the  reference  of  certain 
cases  under  the  workmen's  compensation  law  to  industrial  disease 
referees);  revised,  1938,  462;  repealed,  1947,  286. 

Sect.  10  revised,  1947,  546. 

Sect.  11  amended,  1932,  129  §  1;  paragraph  added  at  end,  1935, 
484;  1939,  213  §  1;  1949,  61;  1950,  634  §  1;  1953,  288;  section 
amended,  1953,  314  §  6.    (See  1939,  213  §  2.) 

Sect,  11 A  added,  1945,  444  (relieving  employees  and  their  dependents 
of  the  expenses  of  certain  appeals  in  workmen's  compensation  cases); 
sentence  added  at  end,  1949,  372. 


Chap.  152.]  GENERAL  LaWS.  977 

Sect.  12,  last  paragraph  amended,  1932,  117  §  1;  section  amended, 
1953,  314  §  6.    (See  1932,  117  §  2;   1935,  351.) 

Sect.  13,  sentence  added  at  end,  1933,  68;  section  amended,  1953, 
314  §  6. 

Sect.  14  amended,  1953,  314  §  6. 

Sect.  15  revised,  1939,  401;   1943,  432. 

Sect.  15A  amended,  1934,  252. 

Sects.  16  and  17  amended,  1953,  314  §  6. 

Sect.  18,  sentence  added  at  end,  1938,  102;  section  amended,  1939,  93. 

Sect.  19,  paragraph  in  Unes  17  and  18  revised,  1935,  339;  same  para- 
graph revised,  1939,  245;  paragraph  added  at  end,  1941,  379  §  11; 
section  amended,  1953,  314  §  6. 

Sect.  19A  added,  1935,  359  (requiring  certain  notices  from  employers 
not  insured  under  the  workmen's  compensation  law);  repealed,  1948, 
158. 

Sect.  19B  added,  1941,  410  (requiring  the  posting  of  notices  by  cer- 
tain employers  not  covering  their  employees  by  workmen's  compensa- 
tion insurance) ;  repealed,  1948,  157. 

Sect.  20  revised,  1935,  340;  amended,  1945,  464;  last  two  sentences 
revised,  1946,  390;  section  revised,  1949,  276;  amended,  1953,  314  §  6. 

Sect.  20A  added,  1945,  468  (requiring  employers  and  certain  in- 
surers who  maintain  cUnics,  etc.,  for  the  treatment  of  injured  employees, 
to  furnish  such  employees  with  copies  of  all  medical  examinations); 
revised   1954   194. 

Sect'.  21  amended,  1943,  529  §  4.    (See  1943,  529  §  14.) 

Sect.  22  amended,  1943,  529  §  13;  1953,  314  §  6.    (See  1943,  529  §  14.) 

Sect.  23  revised,  1943,  529  §  5;  amended,  1953,  314  §  6.  (See  1943, 
529  §  14.) 

Sect.  24  amended,  1943,  529  §  6.    (See  1943,  529  §  14.) 

Sects.  25A-25D  added,  1943,  529  §  7,  under  caption  "Compulsory 
Compensation  and  Self-Insurance."    (See  1943,  529  §  14.) 

Sect.  25A,  paragraph  (2)  amended,  1949,  441  §  1;  paragraph  (2)  (a) 
amended,  1945,  316;  sixth  sentence  revised..  1946,  472  §  1;  paragraph 
(2)  (a)  revised,  1949,  441  §  2;  paragraph  (2)  (b),  first  sentence  revised, 
1945,  518;  1946,  472  §  2;  paragraph  (2)  (6)  revised,  1949,  441  §  3; 
paragraph  (2)  (c)  revised,  1945,  344;  1948,  176;  1949,  441  §  4;  amended, 
1950,  351. 

Sect,  25C,  two  sentences  added  at  end,  1951,  689;  next  to  last  sen- 

Sect.  26  amended,  1937,  370  §  1;  revised,  1943,  302;  529  §  8;  para- 
graph added  at  end,  1945,  623  §  1.    (See  1943,  529  §  14.) 

Sect.  26A  added,  1937,  370  §  2  (providing  for  payment  of  workmen's 
compensation  in  certain  cases  of  suicide). 

Sect.  27  revised,  1935,  331. 

Sect.  28  amended,  1934,  292  §  2;  revised,  1943,  529  §  9.  (See  1943, 
529  §  14.) 

Sect.  29  revised,  1935,  372;  1937,  382;  amended,  1949,  471;  1951, 
135;   1953,  314  §  6. 

Sect.  30  revised,  1936,  164;  1943,  181;  1946,  233  §  1;  sentence 
added  at  end,  1948,  159;  section  amended,  1953,  314  §  6.  (See  1946, 
233  §  2.) 

Sects.  30A-30C  added,  1950,  767  §  2  (prescribing  duties  of  the  re- 
habilitation commission  in  the  department  of  industrial  accidents) . 


978  Changes  in  the  [Chap.  152. 

Sect.  30A  amended,  1952,  630  §  11. 

Sect.  SOB  amended,  1953,  314  §  6. 

Sect.  31,  first  paragraph  amended,  1934,  250;   1950,  738  §  2;  para- 
graph contained  in  the  sixth  to  the  forty-fourth  lines  revised,  1937,  325 
same  paragraph  amended,  1943,  368;   revised,  1945,  572;    1948,  666 
1950,  357;  last  paragraph  revised,  1943,  400;  amended,  1950,  738  §  3 
revised,  1951,  98. 

Sect.  32,  paragraph  (c)  amended,  1950,  282  §  2;  paragraph  (d)  re- 
vised, 1947,  450;  amended,  1949,  281;  1950,  282  §  3;  new  paragraph 
added,  1935,  361  (relative  to  payments  under  the  workmen's  compen- 
sation law  to  dependents  of  deceased  minor  employees);  amended, 
1950,  738  §  4. 

Sect.  33  revised,  1939,  81;  1941,  495;  amended,  1948,  155;  1949, 
258 

Sect.  34  revised,  1935,  332  §  2;  1941,  624;  1945,  717;  1946,  321  §  1; 
amended,  1947,  665;   1949,  520  §  1.    (See  1946,  321  §  4.) 

Sect.  34A  added,  1935,  364  (providing  for  payments  for  total  and 
permanent  disability  under  the  workmen's  compensation  law,  and  estab- 
lishing methods  of  determining  the  same) ;  amended,  1943,  276;  revised, 

1945,  717;    first  paragraph  revised,  1946,  321   §  2;    amended,  1949, 
520  §  2.    (See  1946,  321  §  4.) 

Sect.  35  amended,  1943,  299;  revised,  1945,  717;  1946,  321  §  3; 
amended,  1949,  520  §  3.    (See  1946,  321  §  4.) 

Sect.  35A  added,  1945,  717  (providing  for  an  increase  in  certain 
weekly  benefits  under  the  workmen's  compensation  law  in  certain  cases) ; 
revised,  1946,  553;  paragraph  (c)  revised,  1950,  282  §  1;  section 
amended,  1953,  314  §  6. 

Sect.  36,  paragraph  (j)  revised,  1933,  257;  section  revised,  1935,  333; 
paragraph  (6)  amended,  1947,  664  §  1;  paragraph  (d)  amended,  1947, 
634  §  1;  paragraph  (e)  amended,  1947,  634  §  2;  paragraph  (/)  amended, 

1946,  386  §  1;  paragraph  added  at  end  of  section,  1947,  634  §  3.    (See 
1946,  386  §  2;   1947,  664  §  2.) 

Sect.  36  stricken  out  and  sections  36  and  36A  inserted,  1949,  519 
(increasing  the  benefits  payable  under  the  workmen's  compensation  law 
for  certain  injuries). 

Sect.  36,  paragraphs  (h)  and  (i)  revised,  1952,  60;  paragraph  (g) 
revised,  1952,  84;  paragraph  added  at  end,  1953,  64. 

Sect.  36A  revised,  1950,  445;  1951,  494. 

Sect.  37  amended,  1937,  321;  revised,  1950,  527. 

Sect.  37A  added,  1945,  623  §  2  (relative  to  payments  to  disabled 
war  veterans  subsequently  injured  in  industry). 

Sect.  39  amended,  1937,  317. 

Sect.  45,  paragraph  added  at  end,  1951,  662. 

Sect.  46  amended,  1941,  378;   1945,  623  §  2A;   1953,  314  §  6. 

Sects.  48  and  49  amended,  1953,  314  §  6. 

Sect.  50  revised,  1953,  670. 

Sect.  52  revised,  1947,  619  §  1.    (See  1947,  619  §  3.) 

Sect.  52A  added,  1939,  465  §  2  (relative  to  insuring  against  silicosis 
and  other  occupational  pulmonary  dust  diseases).  (See  1939,  465  §  4.) 

Sect.  52B  added,  1945,  581  (relative  to  the  payment  of  premiums 
for  workmen's  compensation  insurance  in  certain  cases). 

Sects.  52C-52G  added,  1947,  619  §  2  (relative  to  rates  for  work- 
men's compensation  insurance).    (See  1947,  619  §  3.) 


Chap.  152.]  GENERAL  LaWS.  979 

Sect.  52F,  paragraph  (c)  amended,  1954,  681  §  15.  (See  1954,  681 
§§  20,  22.) 

Sect.  54A  added,  1935,  425  (relative  to  safeguarding  and  extending 
the  workmen's  compensation  law  by  making  void  certain  contracts  or 
agreements  in  the  nature  of  insurance  which  do  not  insure  the  payment 
of  the  compensation  provided  for  by  said  law) . 

Sect.  55,  second  paragraph  revised,  1934,  137  §  1. 

Sect.  59  amended,  1953,  314  §  6. 

Sects.  62  and  63  amended,  1953,  314  §  6. 

Sect.  65  amended,  1935,  395;  1936,  162;  1937,  394;  revised,  1939, 
465  §  3;  amended,  1943,  367;  second  sentence  amended,  1950,  634  §  2. 
(See  1939,  465  §  4.) 

Sects.  65A-65M  added,  1939,  489  (providing  for  the  equitable  distri- 
bution of  rejected  risks  among  insurers  of  workmen's  compensation,  and 
the  pooling  of  losses  in  connection  ^^ith  such  risks). 

Sects.  65A  and  65B  amended,  1953,  314  §  6. 

Sect.  65M  amended,  1953,  314  §  6. 

Sect.  65N  added,  1945,  623  §  3  (establishing  a  special  fund  to  en- 
courage the  employment  in  industry  of  disabled  war  veterans) ;  amended, 
1949  689. 

Sect.  6*6  revised,  1943,  529  §  9A.    (See  1943,  529  §  14.) 

Sect.  67  revised,  1943,  529  §  10;  first  sentence  revised,  1953,  656 
§  2.    (See  1943,  529  §  14.) 

Sect.  68  revised,  1943,  529  §  11;  amended,  1947,  506  §  4;  revised, 
1949,  427  §  8.    (See  1943,  529  §  14;   1949,  427  §  11.) 

Sect.  69  revised,  1933,  318  §  7;  1936,  260;  amended,  1936,  403;  re- 
vised, 1939,  435;  last  sentence  revised,  1939,  468;  section  amended, 
1941,  614;  1945,  729;  1946,  422;  second  sentence  revised,  1947,  590; 
paragraph  added  at  end,  1951,  610  §  2. 

Sect.  69A  added,  1933,  315  (regulating  workmen's  compensation 
payments  by  the  commonwealth);  amended,  1953,  314  §  6. 

Sect.  69B  added,  1936,  427  (further  regulating  workmen's  compen- 
sation payments  by  the  commonwealth). 

Sect.  70  amended,  1953,  314  §  6. 

Sect.  73,  first  sentence  amended,  1936,  318  §  4;  1937,  336  §  23;  1941, 
379  §  12;  first  two  sentences  revised,  1950,  209. 

Sect.  73 A  added,  1941,  649  (to  provide  for  the  employment  of  par- 
tially disabled  public  employees  and  temporary  filling  of  their  original 
positions). 

Sect.  74  amended,  1939,  451  §  57;  1941,  344  §  26;  sentence  added 
at  end,  1953,  501. 

Sect.  75  revised,  1932,  19;   amended,  1951,  610  §  1;    1954,  680  §  8. 

Sects.  76-85  added,  1939,  465  §  1  (providing  workmen's  compensa- 
tion benefits  for  employees  in  the  granite  industry  contracting  silicosis 
and  other  occupational  pulmonary  dust  diseases).     (See  1939,  465  §  4; 
1950,  220.) 
Sect.  76  revised,  1943,  529  §  12.    (See  1943,  529  §  14;   1950,  220.) 
Sect.  77  amended,  1948,  217.    (See  1950,  220.) 
Sects.  76-85  stricken  out  and  section  76  inserted,  1950,  220. 


980  Changes  in  the  [Chaps.  153-156. 


Chapter  153.  —  Liability  of  Employers  to  Employees  for  Injuries  not 
resulting  in  Death. 

Sect.  6  amended,  1935,  387;  first  sentence  revised,  1947,  506  §  5; 
1949,  427  §  9.    (See  1949,  427  §  11.) 

Chapter  154.  —  Assignment  of  Wages. 

Sect.  2  revised,  1948,  550  §  31. 

Sect.  8  added,  1933,  96  (exempting  orders  for  payment  of  labor  or 
trade  union  or  craft  dues  or  obligations  from  the  operation  of  the  laws 
regulating  assignments  of  wages);  amended,  1939,  125;  1948,  117: 
revised,  1950,  204;   1951,  239. 

Chapter  155.  —  General  Provisions  relative  to  Corporations. 

Sect.  1  revised,  1935,  297  §  1.     (See  1935,  297  §  3.) 

Sect.  6,  sentence  added  at  end,  1949,  105. 

Sect.  9  amended,  1938,  327  §  1;  revised,  1943,  295;  first  sentence 
revised,  1953,  32.    (See  1938,  327  §  2.) 

Sect.  10  amended,  1933,  11;  third  sentence  revised,  1943,  549  §  4. 

Sect.  12A  added,  1938,  164  §  1  (making  permanent  certain  provi- 
sions of  law  authorizing  domestic  corporations  to  contribute  to  certain 
funds  for  the  benefit  of  social  and  economic  conditions);  amended, 
1946,  278.     (See  1938,  164  §  2.) 

Sect.  12B  added,  1947,  488  §  5  (empowering  corporations  to  par- 
ticipate as  subscribers  in  the  exchanging  of  reciprocal  or  inter-insurance 
contracts). 

Sect.  12C  added,  1953,  415  (authorizing  corporations  to  make  con- 
tributions for  charitable,  scientific  or  educational  purposes). 

Sect.  13,  sentence  added  at  end,  1949,  695. 

Sect.  15  revised,  1939,  14. 

Sect.  22,  paragraph  added  at  end,  1953,  185;  same  paragraph  re- 
vised, 1954,  50. 

Sect.  23A  added,  1935,  297  §  2  (regulating  sales  of  stocks,  bonds 
and  other  securities  of  corporations  to  their  employees);  repealed, 
1938,  445  §  13.  (See  1935,  297  §  3;  G.  L.  chapter  llOA  §  11  A,  inserted 
by  1938,  445  §  9.) 

Sect.  50  amended,  1933,  66. 

Sect.  50A  added,  1939,  456  §  1  (relative  to  the  dissolution  of  domestic 
corporations) ;  amended,  1943,  383. 

Sect.  56,  first  sentence  revised,  1939,  456  §  2;  1953,  31. 

Chapter  156.  —  Business  Corporations. 

Sect.  5  amended,  1939,  301  §  1. 

Sect.  6,  clause  (e)  amended,  1939,  15  §  1. 

Sect.  12,  form  of  certificate  revised,  1932,  67. 

Sect.  30  amended,  1937,  52. 

Sect.  36  revised,  1941,  514  §  1. 

Sect.  41  revised,  1932,  136. 

Sect.  41B  added,  1951,  498  (authorizing  changes  of  shares  of  par 
value  stock  into  a  greater  number  or  the  exchange  thereof  for  a  greater 
number). 

Sect.  41C  added,  1951,  565  §  1  (authorizing  changes  of  stock  without 
par  value  to  shares  with  par  value). 


Chaps.  157-159.]  GENERAL  LaWS.  981 

Sect.  42  amended,  1943,  38  §  1. 

Sect.  44  amended,  1951,  565  §  2. 

Sect  45  amended,  1951,  565  §  3. 

Sect.  46,  sentence  added  at  end,  1943,  38  §  2. 

Sects.  46A-46E  added,  under  the  heading  "merger  and  consolida- 
tion", 1941,  514  §2. 

Sect.  46A  revised,  1948,  524. 

Sect.  46B,  paragraph  contained  in  Unes  102-108  revised,  1943,  405 
§  1;  1947,  543  §  1. 

Sect.  46D,  subsection  2  of  paragraph  (6)  amended,  1954,  57;  para- 
graph contained  in  hnes  64-73  revised,  1943,  405  §  2;   1947,  543  §  2. 

Sect.  49  revised,  1941,  276;  first  sentence  revised,  1948,  118. 

Sect.  54  amended,  1932,  180  §  30;  paragraph  added  at  end,  1951, 
565  §  4. 

Sect.  55  amended,  1952,  314. 

Chapter  157.  —  Co-operative  Corporations. 

Sect.  3,  second  sentence  revised,  1949,  378  §  1. 

Sect.  3 A  added,  1949,  378  §  2  (authorizing  the  forming  of  corpora- 
tions to  conduct  a  housing  business  on  the  co-operative  plan). 
Sect.  4  revised,  1949,  378  §  3. 

Sect.  6  amended,  1949,  378  §  4;  paragraph  4  revised,  1949,  378  §  5. 
Sect.  9  amended,  1949,  378  §  6. 
Sect.  13  amended,  1954,  23. 
Sect.  16,  last  sentence  amended,  1932,  180  §  31. 

« 

Chapter  158.  —  Certain  Miscellaneous  Corporations. 

Sect.  43,  last  paragraph  amended,  1953,  282. 

Chapter  159.  —  Common  Carriers. 

Sect.  12,  paragraph  (a)  revised,  1945,  175. 

Sect.  14A  added,  1941,  713  (authorizing  the  department  of  public 
utilities  to  regulate  rates  for  the  transportation  of  persons  or  property 
within  the  commonwealth  by  common  carriers  by  aircraft). 

Sect.  15,  paragraph  added  at  end,  1937,  247;  same  paragraph  stricken 
out,  1938,  155  §  2;  section  amended,  1951,  681,  726. 

Sect.  16A  added,  1938,  243  (relative  to  the  discontinuance  of  service 
by  railroads) . 

Sect.  20  amended,  1939,  18. 

Sect.  21,  sentence  inserted  after  first  sentence,  1946,  214. 

Sect.  24,  second  sentence  revised,  1945,  647  §  1. 

Sect.  27  revised,  1945,  647  §  2. 

Sect.  28  revised,  1945,  647  §  3. 

Sect.  29  revised,  1945,  647  §  4. 

Sect.  30  revised,  1945,  647  §  5. 

Sect.  32,  first  sentence  revised,  1945,  199. 

Sect.  34A  added,  1945,  577  (relative  to  affiliated  companies  of  com- 
mon carriers). 

Sect.  59  revised,  1933,  326  §  1. 

Sect.  60  amended,  1933,  326  §  2;   1941,  233. 

Sect.  61  amended,  1933,  326  §  3;   1946,  437  §  1. 

Sect.  62  amended,  1933,  326  §  4;  1946,  437  §  2. 


982  Changes  in  the  [Chaps.  159A,  159B 

Sect.  63  amended,  1946,  437  §  3. 

Sect.  65  amended,  1937,  270. 

Sect.  70  revised,  1934,  357  §  1. 

Sect.  80  amended,  1934,  357  §  2. 

Sect.  89  revised,  1936,  363  §  1;  amended,  1951,  24  §  1;  1953,  42  §  1. 
(See  1953,  42  §  4.) 

Sect.  90  revised,  1936,  363  §  2;  amended,  1951,  24  §  2. 

Sect.  91  revised,  1936,  363  §  3. 

Sect.  92  amended,  1936,  363  §  4;   1951,  24  §  3. 

Sect.  93  amended,  1936,  363  §  5;  1951,  24  §  4. 

Sect.  94  amended,  1936,  363  §  6;  1951,  24  §  5;  1953,  319  §  23. 
(See  1953,  319  §§  39,  40.) 

Sect.  95  amended,  1951,  24  §  6. 

Sect.  98  amended,  1948,  550  §  32. 

Sect.  99  amended,  1948,  550  §  33. 

Sect.  101  revised,  1950,  116. 

Sect.  103  amended,  1933,  10;   1941,  54;   1943,  322  §  1. 

Sect.  104,  first  sentence  revised,  1950,  117  §  1.    (See  1950,  117  §  2.) 

Chapter  159A.  —  Common  Carriers  of  Passengers  by  Motor  Vehicle. 

[Title  amended,  and  [leadings,  "part  i",  "carriers  of  passengers 
BY  MOTOR  vehicle",  inserted  before  section  1,  1933,  372  §  1.] 

Sect.  1  revised,  1948,  550  §  34;   1949,  297  §  11. 

Sect.  2  revised,  1947,  258  §  1.    (See  1947,  258  §  2.) 

Sect.  4,  first  sentence  stridden  out  and  three  sentences  inserted,  1945, 
318  §  1.    (See  1945,  318  §  2.) 

Sect.  7A  added,  1949,  449  (relative  to  the  transfer  of  certificates, 
licenses  and  permits  issued  for  certain  common  carriers) ;  first  sentence 
revised,  1952,  355;  second  paragraph  amended,  1951,  160;  two  sen- 
tences added  at  end,  1954,  281. 

Sect.  10,  paragraph  added  at  end,  1945,  585. 

[Sects.  17-30  added,  under  headings,  "part  ii",  "carriers  of 
property  by  motor  vehicle",  1933,  372  §  2  (regulating  carriers  of 
property  by  motor  vehicle).] 

Note  —  1933,  372  repealed  by  1934,  264  §  5. 

Sect.  11 A  added,  1939,  404  §  1  (placing  special  and  chartered  buses, 
so  called,  under  the  supervision  of  the  department  of  public  utilities) ; 
amended,  1941,  480;  revised,  1947,  482  §  1;  first  sentence  revised, 
1953,  268  §  1;  first  paragraph  revised,  1954,  319  §  1;  second  paragraph 
revised,  1954,  319  §  2;  third  paragraph  amended,  1948,  484;  1950, 
501;  1951,  161;  1954,  307.  (See  1939,  404  §  2;  1947,  482  §  2;  1953, 
268  §2;  1954,319  §3.) 

Sect.  15  revised,  1949,  609. 

Chapter  159B.  —  Carriers  of  Property  by  Motor  Vehicle. 

New  chapter  inserted,  1934,  264  §  1. 

Chapter  stricken  out  and  new  chapter  159B  (with  same  title)  inserted, 
1938,  483  §  1.     (See  1938,  483  §§  2-5.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  159B  as  so  inserted: 

Sect.  2,  definition  of  "Irregular  route  common  carrier"  revised,  1941, 
653  §  2;    definition  of  "Regular  route  common  carrier"  revised  and 


Chap.  159B.]  GENERAL   LawS.  983 

paragraph  defining  "Regular  routes"  added,  1941,  653  §  3;  definition 
of  "Agricultural  carrier  by  motor  vehicle"  inserted,  1941,  704  §  1;  defi- 
nitions of  "Contract  carrier  by  motor  vehicle",  "Motor  carrier"  and 
"Permit"  revised,  1941,  704  §  2;  definition  of  "Motor  Carrier"  revised, 
1951,  664  §  3;  definition  of  "Property"  inserted,  1949,  346  §  1;  revised, 
1954,  87;  definition  of  "Motor  Vehicle"  stricken  out  and  definition  of 
"Commercial  Motor  Vehicle"  inserted,  1951,  664  §  1;  definition  of 
"Private  Carrier"  inserted,  1951,  664  §  2;  revised,  1952,  483.  (See 
1941,  704  §  4.) 

Sect.  3,  introductory  paragraph  amended,  1945,  400  §  1;  paragraph 
(6)  revised,  1941,  592  §  1;  paragraph  (c)  revised,  1945,  400  §  2;  amended, 
1946,  420  §  1;  revised,  1947,  52  §  1;  paragraph  (d)  revised,  1950,  189. 
(See  1945,  400  §  8;   1946,  420  §  2;   1947,  52  §  2.) 

Sect.  4,  second  paragraph  revised,  1945,  400  §  3;  third  paragraph 
revised,  1941,  592  §  2;  paragraph  added  at  end,  1951,  384  §  1.  (See 
1951,  384  §  2.) 

Sect.  6,  fifth  paragraph  amended,  1951,  664  §  4. 

Sect.  7,  paragraph  (a)  revised,  1939,  171;  amended,  1950,  187; 
paragraph  (b)  amended,  1945,  343. 

Sect.  9  amended,  1941,  483  §  1;  1946,  376  §  1;  sentence  added  at 
end,  1947,  52  §  3;  section  revised,  1954,  553. 

Sect.  10,  paragraph  added  at  end,  1939,  306;  amended,  1941,  483 
§  2;  paragraph  added  at  end,  1945,  379;  section  amended,  1946,  376 
§  2;  first  paragraph  amended,  1954,  481;  second  paragraph  revised, 
1953,  423. 

Sect.  lOA  added,  1939,  322  (relative  to  replacing  lost  or  mutilated 
plates  and  lost  or  destroyed  certificates,  permits  and  licenses  issued  to 
carriers  of  property  by  motor  vehicle);  sentence  added  at  end,  1945, 
644  §  1;  section  revised,  1953,  309;  sentence  inserted  before  first  sen- 
tence, 1954,  288. 

Sect.  lOB  added,  1946,  376  §  3  (relative  to  the  issuance  of  certain 
distinguishing  plates  to  carriers  of  property  by  motor  vehicle  and  to 
the  use  of  such  plates) ;   revised,  1954,  440. 

Sect.  11  amended,  1941,  483  §  3;  first  sentence  of  first  paragraph 
revised,  1948,  616  §  1;  amended,  1950,  186;  second  sentence  of  last 
paragraph  revised,  1945,  644  §  2;  same  sentence  revised,  1948,  616  §  2; 
paragraph  added  at  end,  1951,  158. 

Sect,  12,  first  paragraph  revised,  1941,  653  §  4;  second  sentence 
amended,  1945,  400  §  4;  second  paragraph  revised,  1954,  293. 

Sect.  13  amended,  1941,  692;  1945,  400  §  5;  first  sentence  revised, 
1951,  262. 

Sect.  14  amended,  1941,  653  §  5;   1945,  400  §  6;   1949,  346  §  2. 

Sect.  14  stricken  out  and  sections  14-14B  inserted,  1951,  664  §  5 
(relative  to  the  powers  and  duties  of  investigators  and  examiners  of 
the  commercial  motor  vehicle  division  of  the  department  of  public 
utilities). 

Sect.  14B  amended,  1952,  255. 

Sect.  15A  added,  1941,  704  §  3  (relative  to  agricultural  carriers  of 
property  by  motor  vehicles).     (See  1941,  704  §  4.) 

Sect.  16A  added,  1939,  307  (giving  the  department  of  public  utilities 
authority  to  obtain  certain  information  of  persons  engaged  in  leasing 
motor  vehicles  for  the  transportation  of  property  for  hire). 

Sect.  17  revised,  1951,  664  §  6. 


984  Changes  in  the  [Chaps.  160,  161. 

Sect.  19  amended,  1949,  187. 

Sect.  21,  first  paragraph  amended,  1951,  664  §  7;  second  paragraph 
amended,  1950,  194. 

Chapter  160.  —  Railroads. 

Sect.  38  revised,  1946,  226. 

Sect.  68  revised,  1943,  33. 

Sect.  70  amended,  1932,  238. 

Sect.  70 A  revised,  1932,  236;  amended,  1934,  264  §  3. 

Sect.  85  amended,  1941,  53. 

Sect.  102  amended.  1941,  496  §  1. 

Sect.  104  revised,  1933,  176. 

Sect.  106  revised,  1953,  332. 

Sect.  131 A  added,  1948,  639  (authorizing  certain  corporations  to 
own  and  operate  railroad  terminal  facilities). 

Sect.  134  amended,  1941,  273  §  1;  revised,  1953,  216. 

Sect.  134A  added,  1950,  815  §  1  (relative  to  the  proper  clearance  of 
tracks  in  railroad  yards);  amended,  1953,  667;  sentence  added  at  end, 
1954,  239. 

Sect.  138  amended,  1941.  273  §  2. 

Sect.  142  amended,  1938,  29;  revised,  1947,  584  §  1;  second  and 
third  sentences  revised,  1951,  461  §  1.  (See  1947,  584  §  2;  1951, 
461  §  2.) 

Sect.  144  revised,  1945,  301. 

Sect.  147  revised,  1947,  498. 

Sect.  163A  added,  1952,  430  §  1  (requiring  track  motor  cars  operated 
by  railroads  to  be  equipped  with  windshields  and  tops).  (See  1952, 
4.30  §  2.) 

Sect.  167  amended,  1941,  273  §  3. 

Sect.  176A  added,  1951,  174  §  1  (requiring  Ughts  on  track  motor 
cars  operated  by  railroads).     (See  1951,  174  §  2.) 

Sect.  185A  added,  1943,  333  (providing  that  railroad  and  terminal 
corporations  shall  provide  reasonable  lavatory  and  sanitary  facilities 
for  their  employees). 

Sect.  198A.     See  1936,  267. 

Sect.  198B  added,  1936,  267  (prohibiting  the  scalping,  so  called,  of 
tickets  issued  by  railroad  corporations). 

Sect.  219  amended,  1953,  42  §  2.    (See  1953,  42  §  4.) 

Sect.  220  amended,  1953,  42  §  3.    (See  1953,  42  §  4.) 

Sect.  232  amended,  1947,  506  §  6;  revised,  1949,  427  §  10.  (See 
1949,  427  §  11.) 

Sect.  235  amended,  1941,  490  §  38. 

Sect.  245  amended,  1941,  273  §  4,  496  §  2. 

Chapter  161.  — Street  Railways. 

Name  of  Metropolitan  Transit  District  changed  to  Boston  Metro- 
poUtan  District,  and  authority  to  issue  notes  and  bonds  defined,  1932, 
147. 

Temporary  act,  extending  to  January  15,  1939,  the  period  of  pubhc 
control  and  management  of  the  Eastern  Massachusetts  Street  Railway 
Company,  1933,  108;  further  extension  of  five  years,  1938,  173;  fur- 
ther extension  of  five  years,  1943,  98. 


Chaps.  163,  164.]  GENERAL  LaWS.  985 

Temporary  acts  relative  to  the  purchase  of  bonds  of  the  Boston 
Elevated  Railway  Company  by  the  Boston  Metropolitan  District, 
1933,  235;  1934,  334;  1935,  451;  1936,  308;  1937,  357;  1941,  567; 
1947,  92. 

Act  providing  for  the  creation  of  the  Metropolitan  Transit  Authority 
and  the  acquisition  and  operation  by  it  of  the  entire  assets,  property 
and  franchises  of  the  Boston  Elevated  Railway  Company,  1947,  544. 

Sect.  20A  amended,  1939,  28. 

Sect.  35  amended,  1943,  342. 

Sect.  42,  third  sentence  amended,  1934,  328  §  20. 

Sect.  44  amended,  1934,  264  §  4. 

Sect.  69A  added,  1954,  576  (authorizing  the  merger  of  certain  asso- 
ciations or  trusts  with  street  railway  companies). 

Sect.  77  revised,  1934,  310  §  1. 

Sect.  86  revised,  1934,  310  §  2. 

Sect.  91 A  added,  1935,  101  (relative  to  the  number  of  guards  on 
passenger  trains  operated  by  street  railway  companies). 

Sect.  94  revised,  1950,  118. 

Sect.  107,  first  paragraph  amended,  1946,  253. 

Chapter  163.  —  Trackless  Trolley  Companies. 

Sect.  12  added,  1932,  185  (requiring  trackless  trolley  companies  to 
furnish  security  for  civil  liability  on  account  of  personal  injuries  or 
property  damage  caused  by  their  vehicles). 

Sect.  13  added,  1943,  141  (providing  a  penalty  for  the  improper  opera- 
tion of  trackless  trolley  vehicles,  so  called). 

Chapter  164.  —  Manufacture  and  Sale  of  Gas  and  Electricity. 

For  legislation  authorizing  compacts  relative  to  the  interstate  trans- 
mission of  electricity  and  gas,  see  1933,  294. 

Sect.  4  amended,  1938,  44. 

Sect.  6,  paragraph  (e)  revised,  1947,  48. 

Sect.  13  revised,  1950,  237;   1953,  85. 

Sect.  14  amended,  1935,  222. 

Sect.  15  revised,  1950,  393. 

Sect.  17A  added,  1932,  132  (regulating  the  lending  of  money  by  gas 
and  electric  companies);  revised,  1954,  95  §  1.     (See  1954,  95  §  2.) 

Sect.  19,  sentence  inserted  after  first  sentence,  1953,  328. 

Sect.  31  amended,  1939,  301  §  2. 

Sect.  33  amended,  1932,  180  §  32;   1953,  283. 

Sect.  34  amended,  1937,  235  §  1.    (See  1937,  235  §  2.) 

Sect.  59  revised,  1953,  502. 

Sect.  69 A  added,  1950,  419  (authorizing  the  purchase,  sale  and  dis- 
tribution of  natural  gas  by  certain  cities  and  towns). 

Sect.  70A  revised,  1948,  550  §  35. 

Sects.  75B-75D  added,  1950,  462  (relative  to  natural  gas  pipe  line 
companies). 

Sect.  75E  added,  1951,  574  §  1  (providing  for  rules  and  regulations 
relative  to  the  transmission,  distribution  and  use  of  natural  gas),  (See 
1951,  574  §  2.) 

Sect.  75F  added,  1952,  192  (providing  a  penalty  for  failure  of  natural 
gas  pipe  line  companies  to  restore  properties  to  reasonable  condition). 


986  Changes  in  the  [Chap.  165. 

Sect.  75G  added,  1953,  132  §  1  (requiring  natural  gas  pipe  line  com- 
panies to  mark  location  of  underground  pipes,  equipment  and  struc- 
tures on  certain  land).    (See  1953,  132  §  2.) 

Sect.  76A  added,  1935,  335  §  1  (giving  to  the  department  of  public 
utilities  supervision  over  certain  affiliates  of  gas  and  electric  companies). 

Sect.  84A  added,  1934,  202  §  1  (requiring  gas  and  electric  companies 
to  make  additional  annual  returns). 

Sect.  85,  second  paragraph  amended,  1935,  335  §  2. 

Sect.  85A  added,  1933,  202  §  1  (requiring  the  filing  with  the  depart- 
ment of  public  utilities  of  certain  contracts  of  gas  and  electric  com- 
panies with  affiliated  companies). 

Sect.  94.  paragraph  in  lines  29-37  amended,  1939,  178  §  1;  section 
amended,  1948,  471.    (See  1939,  178  §  2.) 

Sect.  94A  amended,  1941,  400  §  1. 

Sect.  94B  amended,  1941,  400  §  2. 

Sect.  94C  added,  1935,  227  (relative  to  payments,  charges,  contracts, 
purchases,  sales  or  obligations  or  other  arrangement  between  gas  or 
electric  companies  and  affiliated  companies,  and  the  burden  of  proving 
the  reasonableness  thereof). 

Sect.  94D  added,  1936,  243  (prohibiting  gas  and  electric  companies 
from  collecting  penalty  charges  for  deUnquency  in  the  payment  of  bills 
for  gas  or  electricity  used  for  domestic  purposes). 

Sect.  94E  added,  1941,  400  §  3  (relative  to  notice  of  the  termination 
of  certain  contracts  of  gas  and  electric  companies). 

Sect.  94F  added,  1953,  331  (providing  for  refunds  by  gas  companies 
in  certain  cases). 

Sect.  96  revised,  1939,  229  §  1. 

Sect.  97  amended,  1943,  55. 

Sect.  100  revised,  1950,  94. 

Sect.  102  revised,  1939,  229  §  2. 

Sect.  105A  added,  1932,  119  (regulating  the  storage,  transportation 
and  distribution  of  gas). 

Sect.  115A  added.  1936,  259  §  1  (requiring  the  periodic  replacement 
of  meters  for  measuring  gas) ;  amended,  1937, 40  §  1 ;  paragraph  added  at 
end,  1952,  520  §  1.    (See  1936,  259  §§  2, 3;  1937, 40  §§  2, 3;  1952,  520  §  2.) 

Sect.  119  revised,  1934,  365. 

Sect.  119A  added,  1936,  76  §  1  (requiring  bills  for  gas  or  electricity 
used  for  domestic  purposes  to  be  itemized) ;  revised,  1939,  145  §  1.  (See 
1936,  76  §  2;   1939,  145  §  2.) 

Sect.  120,  fifth  sentence  revised,  1953,  154. 

Sect.  124  amended,  1935,  237,  376  §  2;   1952,  102. 

Sect.  124A  added,  1935,  376  §  1  (relative  to  the  shutting  off  of  gas 
or  electric  service  in  homes  where  there  is  serious  illness). 

Chapter  165.  —  Water  and  Aqueduct  Companies. 

Sect.  2A  added,  1954,  610  (relative  to  the  fifing  of  schedules  of 
water  rates,  prices  and  charges  of  water  districts  with  the  department 
of  public  utilities). 

Sect.  4A  added,  1933,  202  §  2  (requiring  the  filing  with  the  depart- 
ment of  public  utilities  of  certain  contracts  of  water  companies  with 
affiliated  companies). 

Sect.  19  repealed,  1941,  275  §  1. 


Chaps.  166,  167.]  GENERAL  LaWS.  987 

Sect.  28  added,  under  caption  "general  provisions",  1941,  275  §  2 
(further  regulating  the  acquisition  and  holding  of  real  estate  by  water 
and  aqueduct  companies). 

Chapter   166.  —  Telephone   and   Telegraph   Companies,    and    Lines   for   the 
Transmission  of  Electricity. 

Sect.  12A  added,  1934,  202  §  2  (requiring  telephone  and  telegraph 
companies  to  make  additional  annual  returns). 

Sect.  ISA  added,  1935,  242  (regulating  charges  by  telephone  com- 
panies for  the  use  of  hand  sets,  so  called). 

Sect.  15B  added,  1939,  162  (authorizing  the  sale  and  transfer  of 
property  and  the  transfer  of  locations  by  domestic  telephone  and  tele- 
graph companies  to  domestic  or  foreign  telephone  and  telegraph  com- 
panies and  validating  certain  locations  so  transferred). 

Sect.  21  amended,  1939,  161;  revised,  1951,  476  §  1. 

Sect.  22.  second  paragraph  amended,  1932,  36;  third  paragraph 
revised,  1948,  550  §  36. 

Sect.  22A  added,  1932,  266  (relative  to  the  placing  underground  of 
certain  wires) ;  revised,  1933,  251. 

Sect.  25  revised,  1951,  476  §  2. 

Sect.  28  revised,  1948,  550  §  37. 

Sect.  29  revised,  1951,  476  §  3. 

Sect.  32  revised,  1949,  529. 

Sect.  35  revised,  1951,  476  §  4. 

Sect.  36  amended,  1951,  476  §  5. 


Chapter  167.  —  Banks  and  Banking. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;  amended, 
1936,  149  §§  2-4;   1938,  125  §§  1,  2;   1939,  149  §§  2,  3;   1941,  78  §  2. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  shares  in  co-operative  banks,  see  1934,  73;  amended,  1935, 
76,  80;  1936,  155;   1938,  244  §§  2-5;  1939,  227  §§  2-5. 

For  temporary  act  providing  for  the  liquidation  of  certain  trust  com- 
panies, see  1939,  515;   1941,  143;   1943,  122. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  defense  savings  bonds  and  defense 
postal  savings  stamps,  see  1941,  221,  575. 

For  temporary  legislation  authorizing  banking  institutions  to  make 
loans  to  veterans  of  World  War  II  guaranteed  or  insured  by  the  ad- 
ministrator of  veterans'  affairs,  see  1945,  46;   1946,  126;   1947,  110. 

For  temporary  legislation  suspending  the  law  authorizing  banks  to 
verify  deposit  or  pass  books  of  depositors  or  shareholders,  see  1943,  30; 
1948,  19;  repealed,  1949,  357  §  4. 

Sect.  1  amended,  1935,  452  §  1. 

Sect.  2  revised,  1934,  251;  first  paragraph  amended,  1935,  452  §  2; 
revised,  1948,  527  §  1;  last  sentence  revised,  1951,  566;  third  para- 
graph revised,  1950,  428.    (See  1948,  527  §  5.) 

Sect.  2 A  added,  1933,  310  (improving  the  method  of  examination  of 
banks) . 

Sect.  4  amended,  1934,  270  §  1. 


988  Changes  in  the  [Chap.  167. 

Sect.  5  revised,  1933,  337;  second  paragraph  amended,  1954,  681 
§  16.     (See  1954,  681  §§  20,  22.) 

Sect.  6  revised,  1945,  164. 

Sect.  9  revised,  1939,  499  §  8;   1945,  292  §  11;   1949,  592  §  1. 

Sect.  11  revised,  1934.  270  §  2;  amended,  1950,  480  §  1. 

Sect.  IIA  added,  1938,  266  §  1  (placing  all  corporations  conducted 
on  the  Morris  plan  under  the  supervision  of  the  commissioner  of  banks 
and  further  regulating  the  business  of  banking  companies). 

Sects.  IIB  and  IIC  added,  1950,  368  (providing  that  certain  viola- 
tions of  laws  relating  to  banks  shall  be  reported  to  the  commissioner  of 
banks  and  to  the  district  attorney). 

Sect.  12  revised,  1935,  452  §  3;  two  sentences  added  at  end,  1951,  765; 
section  revised,  1954,  250. 

Sect.  13,  paragraph  added  at  end,  1948,  527  §  2.    (See  1948,  527  §  5.) 

Sect.  14  revised,  1933,  334  §  1;   1949,  289  §  1. 

Sect.  16  revised,  1949,  370. 

Sect.  17  repealed,  1933,  334  §  2. 

Sect.  18  amended,  1943,  110  §  1. 

Sect.  20  amended,  1933,  190;   1943.  22. 

Sect.  20A  added,  1933,  292  (permitting  certain  public  officers  to 
participate  in  certain  bank  reorganizations). 

Sects.  22-36.     See  1934,  43  §  11. 

Sect.  22,  second  paragraph  amended,  1943,  121.  (See  1933,  59  §  5, 
112  §  9.) 

Sect.  23.     See  1933,  112  §  6. 

Sect.  24  amended,  1932,  294;   1933,  41  §  4. 

Sect.  31A  added,  1933,  277  (authorizing  payment  of  dividends  on 
small  deposits  in  closed  banks  to  certain  minors  and  to  the  next  of  kin 
of  certain  deceased  persons  without  probate  proceedings);  revised, 
1937,  170. 

Sect.  35.     See  1936,  428. 

Sect.  35A  added,  1933,  302  (authorizing  the  destruction  of  certain 
books,  records  and  papers  relating  to  closed  banks). 

Sect.  35B  added,  1934,  241  (providing  for  semi-annual  reports  by 
the  commissioner  of  banks  as  to  progress  of  liquidation  of  certain  banks). 

Sect.  36  amended,  1939,  451  §  58. 

Sect.  37,  third  sentence  amended,  1949,  592  §  2. 

Sect.  37A  added,  1949,  640  (relative  to  the  establishing  of  branches 
of  financial  institutions). 

Sect.  46  amended,  1943,  110  §  2. 

Sect.  47  amended,  1943,  110  §  3. 

Sect.  48  added,  1939,  244  §  6  (relative  to  payments  of  moneys  on 
deposit  in  the  name  of  a  minor). 

Sect.  49  added,  1941,  444  (relative  to  adverse  claims  to  certain  bank 
deposits  and  to  certain  securities  held  by  banks  for  the  account  of 
others). 

Sect.  50  added,  1945,  37  §  1  (making  permanent  the  law  authorizing 
certain  banking  institutions  to  take  certain  first  mortgages  on  real 
estate).  (See  1945,  37  §  2.)  For  prior  temporary  legislation  see  1936, 
191;  405  §2;   1939,98;   1941,40. 

Sect.  51  added,  1945,  66  §  1  (making  permanent  the  law  relative  to 
the  making  by  certain  banking  institutions  of  loans  insured  by  the 
federal  housing  administrator);    amended,    1948,    101;    last  sentence 


Chap.  168.]  GENERAL  Laws.  989 

revised,  1947,  89;  amended,  1950,  480  §  3:  section  revised,  1950,  598. 
(See  1943,  339;  1945,  66  §  2;  1950,  480  §  4.)  For  prior  temporary 
legislation  see  1935,  162;    1937,  240;    1939,  241;    1941,  260;    1943,  126. 

Sect.  52  added,  1946,  284  (permitting  banks  to  close  on  Saturdays 
during  June,  July,  August  and  September);   amended,  1947,  9. 

Sect.  53  added,  1947,  169  (relative  to  the  liability  of  banks  to  their 
depositors  for  non-payment  of  checks). 

Sect.  54  added,  1949,  428  (relative  to  the  registration  of  trust  securi- 
ties in  the  names  of  nominees  by  banks  doing  a  trust  business) ;  amended, 
1951,  76. 

Sect.  55  added,  1950,  287  §  1  (relative  to  presentment  of  certain 
demand  instruments  payable  by,  at  or  through  banks). 


Chapter  168.  —  Savings  Banks. 

For  temporary  act,  establishing  the  Mutual  Savings  Central  Fund, 
Inc.,  for  the  term  of  five  years,  see  1932,  44;  term  extended  to  ten 
years,  1936,  149  §  1;  term  extended  to  twenty-five  years,  1939,  149  §  1; 
act  amended,  1941.  78  §  1. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;  amended, 
1936,  149  §§  2-4;  1938,  125  §§  1,  2;  1939,  149  §§  2,  3;  1941,  78  §  2; 
1952,31;  534. 

For  temporary  act  modifying  the  requirements  for  making  certain 
railroad  bonds  legal  investments  for  savings  banks,  institutions  for  sav- 
ings and  trust  companies  in  their  savings  departments,  see  1939,  87; 
1941,  115;  temporary  act  repealed,  1941,  413  §  11. 

For  temporary  act  to  enable  certain  banking  institutions  to  co- 
operate in  the  distribution  of  United  States  Defense  Savings  Bonds  and 
Defense  Postal  Savings  Stamps,  see  1941,  221,  575. 

For  an  act  creating  the  Savings  Bank  Investment  Fund  as  an  addi- 
tional means  of  investment  for  savings  banks,  see  1945,  283  §§  1-11. 

Sect.  1,  two  paragraphs  (defining  "deposit  book  [etc.]"  and  "savings 
bank")  added  at  end,  1933,  334  §  3. 

Sect.  2  revised,  1933,  334  §  4. 

Sect.  2A  added,  1933,  46  §  1  (authorizing  savings  banks  to  become 
members  of  the  Federal  Home  Loan  Bank  established  for  the  district 
of  New  England). 

Sect.  5.    See  1936,  143  §  2. 

Sect.  8,  two  sentences  added  at  end,  1948,  20. 

Sect.  11  amended,  1933,  334  §  5. 

Sect.  13  amended,  1933,  334  §  6;   1946,  34.    (See  1933,  41  §  1.) 

Sect.  15  amended,  1946,  32. 

Sect.  17  revised,  1933,  334  §  7. 

Sect.  23,  first  sentence  revised,  1949,  63. 

Sect.  25  revised,  1933,  334  §  8;  amended,  1949,  270;  sentence  added 
at  end.  1951,  100. 

Sect.  25A  added,  1933,  334  §  8  (authorizing  the  collection  of  savings 
from  school  children  through  principals,  teachers,  etc.). 

Sect.  26  revised,  1933,  334  §  9;   1943,  21  §  1. 

Sect.  27  amended,  1933,  334  §  10. 

Sect.  28  revised,  1933,  334  §  11;  1949,  357  §  1.  (See  1943,  30; 
1948,  19  §  2;   1949,  357  §  4.) 


990  Changes  in  the  [Chap.  168. 

Sect.  29  amended,  1933,  334  §  12;   1945,  HI;  last  sentence  revised 
1953,  120. 

Sect.  31  amended,  1945,  97;   revised,  1947,  45  §  1;    1953,  141  §  1. 

Sect.  31A  revised,  1947,  45  §  2;   1953,  141  §  2. 

Sect.  33A  revised,  1933,  334  §  13. 

Sect.  33B  added,  1941,  103  (relative  to  the  sale  of  checks  by  savings 
banks) . 

Sect.  34  revised,  1933,  334  §  14. 

Sect.  34A  added,  1948,  75  (relative  to  joint  deposits  made  in  a  sav- 
ings bank  in  trust  for  another) . 

Sect.  35  revised,  1933,  334  §  15. 

Sect.  42  revised,  1945,  365. 

Sect.  44  amended,  1941,  186. 

Sect.  45  amended,  1933,  334  §  16.  [Temporarily  affected,  1953,  193.] 
(See  1951,  769;   161  §  2.) 

Sect.  47  revised,  1933,  334  §  17;   1953,  192  §  1. 

Sect.  49  amended,  1933,  334  §  18;   1941,  105. 

Sect.  50  revised,  1933,  334  §  19;  sentence  added  at  end,  1952,  161 
§  1;  section  revised,  1953,  192  §  2. 

Sect.  51  revised,  1932,  245  §  1. 

Sect.  51A  revised,  1933,  334  §  20;  amended,  1943,  27  §  1. 

Sect.  53  revised,  1933,  334  §  21. 

Sect.  54,  clause  First,  first  two  paragraphs  revised,  1933,  334  §  22; 
same  clause  revised,  1937,  180;  first  paragraph  revised,  1946,  256  §  1; 
subdivision  (a)  revised,  1946,  256  §  2;  subdivision  (d)  revised,  1943, 
94  §  1;  1946,  256  §  3;  subdivision  (e)  revised,  1943,  94  §  2;  1945,  184 
§  1;   1946,  256  §  4;  subdivision  (e}4)  inserted,  1945,  184  §  2;   revised, 

1946,  256  §  5;  subdivision  (/)  amended,  1945,  184  §  3;  subdivision  (g) 
added,  1947,  98;  subdivision  (h)  added,  1947,  254;  clause  First  revised, 
1949,  719;  first  two  sentences  revised,  1951,  103;  subdivision  (h)  re- 
vised, 1950,  96;  1953,  157;  subdivision  (i)  amended,  1950,  85;  clause 
Second,  subdivisions  (a),  (e)  and  (/)  revised,  1933,  334  §  23;  subdivision 
(6K)  inserted,  1952,  607;  subdivision  (h)  added,  1933,  334  §  24  (forbid- 
ding investment  of  funds  in  bonds  or  notes  of  county,  etc.,  in  default,  and 
defining  term  "in  default");  subdivisions  (a),  (6),  (c)  and  (d)  af- 
fected, 1939,  112  §  2;  clause  Second  revised,  1941,  413  §  1;  subdivi- 
sions (h),  (i),  (j)  stricken  out  and  subdivisions  (h)  and  (i)  added,  1943, 
215  §  1  (see  1943,  215  §  12);  subdivision  (k)  amended,  1947,  236  §  1; 
clause  Second  A  added,  1948,  361;  clause  Third  affected,  1933,  111; 
1934,  79;  1935,  72  §§  1,  2;  1936,  84;  1937,  56;  1939,  87;  1941,  115, 
413  §  11;  subdivision  (p)  of  clause  Third  revised,  1936,  79;  clause 
Third  revised,  1941,  413  §  2;  subdivision  (3)  revised,  1943,  215  §  2; 
subdivision  (4)  amended,  1945,  377  §  1;  first  paragraph  of  subdivi- 
sion (6)  amended,  1943,  215  §  5;  paragraph  (d)  of  the  definitions  at 
the  end  of  clause  Third  revised,  1943,  215  §  3;  clause  Third  revised, 
1948,  215;  clause  Third  A  added,  1943,  215  §  4  (relative  to  the  invest- 
ments of  deposits  and  the  income  derived  therefrom  of  savings  banks 
in  obligations  of  certain  reorganized  railroad  corporations);  first  para- 
graph of  subdivision  (5)  amended,  1945,  377  §  2;  clause  Third  A  revised, 
1948,  215;  clause  Fourth  amended,  1932,  112;  stricken  out,  1941, 
413  §  3;  clause  Fifth  revised,  1941,  413  §  4;  subdivision  (3)  amended, 

1947,  236  §  2;  clauses  Fifth  A-Fifth  D  added,  1941,  413  §  5;  clause 
Fifth  A,  subdivision  (3)  revised,  1948,  92  §  1;    clause  Fifth  B,  sub- 


Chap.  168.J  GENERAL   Laws.  991 

division  (3)  stricken  out,  1948,  92  §  2;  clause  Fifth  C,  paragraph  (c) 
added,  1947,  236  §  3;  clause  Fifth  D,  paragraph  added  at  end,  1948, 
92  §  3;  clause  Sixth  A,  first  paragraph  amended,  1937,  96;  clause 
Sixth  A  revised,  1941,  413  §  6;  1945,  377  §  3;  paragraph  (c)  of  sub- 
division (1)  revised,  1947,  236  §  4;  paragraph  (c)  of  subdivision  (4) 
stricken  out,  1947,  236  §  5;  subdivisions  (5),  (6),  (7)  stricken  out,  and 
subdivisions  (5),  (6),  (7),  (8)  inserted,  1947,  236  §  5;  subdivision  (8) 
amended,  1948,  92  §  4;  clause  Seventh,  first  paragraph  amended, 
1937,  87;  second  paragraph  revised,  1932,  220;  clause  Seventh  revised, 
1941,  413  §  7;  1943,  215  §  6;  amended,  1950,  367;  subdivisions  (a)  and 
(h)  revised,  1953,  158;  last  paragraph  revised,  1948,  88;  1950,  83; 
1952,  186;  clause  Seventh  A  added,  1945,  283  §  12  (authorizing  the 
investment  of  deposits  of  savings  banks  in  shares  of  the  Savings  Bank 
Investment  Fund);  clause  Seventh  B  added,  1949,  340  (authorizing 
the  investment  of  deposits  of  savings  banks  in  obligations  of  federal 
intermediate  credit  banks);  clause  Seventh  C  added,  1953,  160  (au- 
thorizing savings  banks  to  invest  deposits  and  income  therefrom  in 
the  capital  stock  of  certain  insurance  companies);  clause  Ninth,  first 
paragraph  amended,  1945,  197  §  1;  1945,  407  §  1;  subdivision  (a)  re- 
vised, 1945,  197  §  2  (see  1945,  407  §  2);  amended,  1946,  68;  1950,  365; 
subdivision  (c)  (2)  stricken  out,  1933,  334  §  25;  subdivision  (d)  stricken 
out,  1941,  413  §  8;  subdivision  (e)  (2)  revised,  1933,  334  §  26;  amended, 
1943,  110  §  4;  revised,  1943,  215  §  7;  subdivision  (e)  (3)  revised,  1933, 
334  §  26;  1943,  215  §  8;  subdivision  (e)  (4)  stricken  out,  1943,  110  §  5; 
subdivision  (e)  (5)  revised,  1933,  334  §  26;  amended,  1943,  110  §  6; 
subdivision  (e)  (6)  amended,  1939,  244  §  5;  1941,  234;  clause  Tenth  A 
added,  1941,  106;  amended,  1945,  162;  revised,  1948,  90;  clause 
Eleventh  revised,  1946,  122;  1952,  160;  1953,  194;  clause  Twelfth 
amended,  1937,  274  §  2;  revised,  1943,  215  §  9;  clause  Twelfth  A 
added,  1947,  142;  clause  Thirteenth  A  added,  1941,  107;  clause  Fif- 
teenth revised,  1941,  413  §  9;  subdivision  (a)  revised,  1943,  215  §  10; 
1954,  486;  subdivision  (c)  revised,  1945,  377  §  4;  subdivision  (d)  re- 
vised, 1945,  114;  1948,124;  clause  Sixteenth  affected,  1933,  111;  1934, 
79;  1935,  72  §§1,2;  1936,84;  1937,56;  1939,87;  1941,  115,  413  §  11; 
clause  Sixteenth  stricken  out,  1941,  413  §  10;  clause  Seventeenth 
revised,  1943,  215  §  11.    (See  1943,  215  §  12.) 

Sect.  54A  added,  1949,  374  (further  authorizing  savings  banks  to 
invest  in  real  estate  mortgages  insured  by  the  federal  housing  adminis- 
trator); amended,  1952,  194. 

Sect.  55,  paragraph  added  at  end,  1933,  334  §  27  (authorizing  the 
continuing  of  the  offices  of  a  merged  savings  bank  as  branch  offices  of 
the  continuing  bank). 

Sect.  56  added,  1933,  41  §  1  (authorizing  savings  banks  to  purchase, 
loan  upon  or  participate  in  loans  upon  the  assets  of  certain  closed  and 
other  banks). 

Sect.  57  added,  1933,  334  §  28  (authorizing  savings  banks  to  become 
members  of  savings  bank  associations);  revised,  1945,  61  §  1;  sentence 
inserted  after  second  sentence,  1949,  392. 

Sects.  58-60  added,  1943,  249  (providing  for  the  establishment  of 
a  contributory  savings  bank  employees  retirement  association);  af- 
fected, 1948,  283. 

Sect.  58,  third  paragraph  amended,  1945,  104  §  1;  1953,  329  §  1; 
1948,  142  §  1;   fourth  paragraph  amended,  1948,  142  §  2;   last  para- 


992  Changes  in  the  [Chaps.  169-17i. 

graph  revised,  1946,  240;    amended,  1953.  329  §  2;    amended,  1948, 
142  §  3;  affected,  1948,  283. 

Sect.  59  affected,  1948,  283. 

Sect.  60  amended,  1945,  104  §  2;  affected,  1948,  283. 

Chapter  169.  —  Deposits  with  Others  than  Banks. 

Sect.  1  amended,  1949,  64  §  1 ;   1950,  95. 
Sect.  3,  last  sentence  revised,  1949,  64  §  2. 
Sect.  6  amended,  1949,  64  §  3;  592  §  3. 
Sect.  7  amended,  1949,  64  §  4. 
Sect.  8  revised,  1949,  64  §  5. 

Chapter  170.  —  Co-operative  Banks. 

For  temporary  act,  establishing  the  Co-operative  Central  Bank  for 
the  term  of  five  years,  see  1932,  45;  term  extended  to  ten  years,  1935, 
82;  amount  which  a  member  bank  may  borrow  without  collateral  fur- 
ther regulated,  1935,  136;  1941,  86;  term  further  extended  to  twenty- 
five  years,  1938,  244  §  1;  refunds  to  member  banks  regulated,  1939, 
227  §  1;  act  further  amended,  1943,  219. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  shares  in  co-operative  banks,  see  1934,  73;  amended,  1935, 
76,  80;    1936,  155;    1938,  244  §§  2-5;    1939,  227  §§  2-5;    1945,  116. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  Defense  Savings  Bonds  and  Defense 
Postal  Savings  Stamps,  see  1941,  221,  575. 

For  temporary  act  to  enable  certain  co-operative  banks  to  invest 
funds  in  certain  securities,  see  1948,  50. 

Chapter  stricken  out,  and  new  chapter  170  inserted,  1933,  144. 

Chapter  stricken  out,  and  new  chapter  170  inserted,  1950,  371  §  1.  (See 
1950,  371  §§  2-4;   1952,  148.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  170  as  so  inserted: 

Sect.  1,  definition  of  "Share  capital"  or  "share  hability"  revised, 
1952,  168  §  1;  definition  of  "Shareholder"  or  "member"  revised,  1952, 
168  §  lA;  "Net  profits"  defined,  1953,  87  §  1. 

Sect.  7,  first  paragraph  revised,  1952,  168  §  2. 

Sect.  13,  first  sentence  revised,  1952,  168  §  3;  subsection  1,  para- 
graph id)  amended,  1952,  257  §  1.  (See  1952,  257  §  3.)  See  1950, 
480  §  2. 

Sect.  16,  first  two  paragraphs  revised,  1954,  108. 

Sect.  17  revised,  1952,  257  §  2.    (See  1952,  257  §  3.) 

Sect.  24,  paragraph  8  amended,  1952,  137. 

Sect.  37  revised,  1953,  87  §  2. 

Sect.  38.    See  1952,  149;   1953,  72. 

Sect.  51,  third  paragraph  amended,  1954,  109  §  1;  last  paragraph 
amended,  1954,  109  §  2. 

Chapter  171.  —  Credit  Unions. 

For  temporary  act,  estabUshing  the  Central  Credit  Union  Fund,  Inc., 
for  the  term  of  five  years,  see  1932,  216;   amended,  1934,  221;    1939, 


Chap.  171.]  GENERAL   LaWS.  993 

112  §  2.  Term  extended  to  ten  years,  1936,  70.  Term  extended  to 
twenty  years,  1941,  177. 

For  temporary  act  to  enable  certain  banking  institutions  to  co- 
operate in  the  distribution  of  United  States  Defense  Savings  Bonds 
and  Defense  Postal  Savings  Stamps,  see  1941,  221,  575. 

Sect.  3,  second  paragraph  revised,  1936,  323;  1948,  527  §  4.  (See 
1948,  527  §  5.) 

Sect.  5  amended,  1939,  112  §  1. 

Sect.  6,  paragraph  added  at  end,  1952,  162. 

Sect.  6A  added,  1946,  184  (to  authorize  deductions  from  wages  of 
employees  of  districts  and  municipalities  for  making  certain  payments 
to  credit  unions  of  such  employees);  repealed,  1947,  189  §  2.  (See 
G.  L.  chapter  149  §  178B,  inserted  by  1947,  189  §  1.) 

Sect.  8  revised.  1946,  49  §  1. 

Sect.  9  revised,  1946,  49  §  2. 

Sect.  10,  two  sentences  inserted  after  fifth  sentence,  1945,  81;  sec- 
tion revised,  1947,  87;   fourth  sentence  revised,  1949,  287. 

Sect.  15,  first  sentence  revised,  1952,  94;  last  sentence  stricken  out, 
and  paragraph  added  at  end,  1933,  163  §  1;  new  paragraph  added, 
1935,  272;  paragraph  added  by  1935,  272  revised,  1936,  329. 

Sect.  16,  second  sentence  amended,  1949,  286  §  1. 

Sect.  17,  sentence  added  at  end,  1952,  95.    See  1943,  30. 

Sect.  19A  added,  1938,  239  (relative  to  the  liability  of  certain  en- 
dorsers upon  notes  held  by  credit  unions  and  authorizing  the  establish- 
ment of  contingent  funds  by  credit  unions);  revised,  1941,  79. 

Sect.  20 A  added,  1936,  119  (relative  to  the  impairment  of  the  capital 
of  credit  unions). 

Sect.  21  amended,  1933,  163  §  2;  1937,  228;  revised,  1943,  118; 
sentence  added  at  end,  1946,  76;  section  revised,  1949,  341;  first  sen- 
tence revised,  1951,  246;  amended,  1951,  654;  section  revised,  1953, 
121,  210;  amended,  1954,  179  §  1. 

Sect.  22,  paragraph  added  at  end,  1952,  88. 

Sect.  24,  paragraph  added  at  end  of  subdivision  (A),  1933,  163  §  3; 
first  four  paragraphs  and  subdivision  (A)  revised,  1941,  102;  paragraph 
4  of  subdivision  (A)  revised,  1947,  85;  paragraph  5  of  subdivision  (A) 
amended,  1946,  47;  paragraph  7  of  subdivision  (A)  added,  1948,  65; 
subdivision  (A)  revised,  1950,  84;  1951,  117;  paragraph  1  of  subdivision 

(A)  revised,  1954,  122  §  1;  paragraph  2  of  subdivision  (A)  revised, 
1954,  122  §  2;  paragraph  5  of  subdivision  (A)  amended,  1952,  91; 
1953,  159  §  1;  paragraph  6  amended,  1953,  159  §  2;  revised,  1954, 
122  §  3;  subdivision  (B)  revised,  1945,  82;  1947,  178;  first  paragraph 
of  subdivision  (B)  amended,   1952,  163;    paragraph  3  of  subdivision 

(B)  revised,  1952,  105  §  1;  paragraph  3A  of  subdivision  (B)  added, 
1953,  159  §  3;   paragraph  4  of  subdivision  (B)  stricken  out,  1952,  105  §  2. 

Sect.  25,  first  paragraph  revised,  1949,  286  §  2. 

Sect.  27,  first  sentence  amended,  1949,  592  §  5. 

Sect.  29,  first  paragraph  revised,  1936,  139;  second  paragraph 
amended,  1950,  162  §  7;   1954,  179  §  2. 

Sect.  30  added,  1946,  90  (relative  to  the  consolidation  of  credit 
unions  and  the  conversion  of  foreign  credit  unions). 

Sects.  31-33  added,  1948,  509  §  1  (providing  for  the  establishment 
of  a  contributory  credit  union  employees  retirement  association).  (See 
1948,  509  §  2.) 


994  Changes  in  the  [Chap.  172. 

Sect.  31,  fifth  paragraph  revised,  1954,  121  §  1;  paragraph  added  at 
end,  1954,  121  §  2. 

Chapter  172.  —  Trust  Companies. 

For  temporary  act  providing  for  the  liquidation  of  certain   trust 
companies,  see  1939,  515;   1941,  143;   1943,  122. 
Sect.  1  revised,  1934,  349  §  1. 
Sect.  7,  clause  Fourth  revised,  1934,  349  §  2. 
Sect.  9,  fifth  sentence  amended,  1934,  349  §  3. 
Sect.  10,  first  paragraph  amended,  1934,  349  §  4. 
Sect.  11  revised,  1934,  349  §  5. 
Sect.  12  revised,  1934,  349  §  6. 
Sect.  13  revised,  1934,  349  §  7;  first  sentence  amended,  1950,  93 

§  1. 

Sect.  14  revised,  1934,  349  §  8;    1935,  40;   amended,  1936,  143  §  1. 

Sect.  14A  added,  1934, 349  §  9  (relative  to  the  submission  of  a  monthly 
report  by  the  treasurer  of  a  trust  company  to  its  board  of  directors); 
subparagraph  3  stricken  out  and  subparagraphs  3  and  3A  inserted, 
1939,  244  §  1;  subparagraph  3,  clause  (b)  revised,  1950,  93  §  2;  sub- 
paragraph 4  amended,  1950,  93  §  3;  last  paragraph  revised,  1950, 
93  §4. 

Sect.  15  revised,  1934,  349  §  10. 

Sect.  16,  paragraph  added  at  end,  1934,  349  §  11. 

Sect.  18  revised,  1934,  349  §  12;  amended,  1935,  18;  second  para- 
graph revised,  1943,  110  §  8. 

Sect.  19  amended,  1934,  349  §  13. 

Sect.  19A  added,  1943,  237  (providing  for  notice  to  the  commissioner 
of  banks  of  certain  transfers  of  stock  of  trust  companies). 

Sect.  24  revised,  1934,  349  §  14;  two  paragraphs  added  at  end, 
1937,  248. 

Sect.  25  amended,  1934,  349  §  15. 

Sect.  26  amended,  1934,  349  §  16;  revised,  1943,  21  §  2. 

Sect.  27,  three  sentences  added  at  end,  1946,  66. 

Sect.  30A,  sentence  added  at  end,  1934,  349  §  17;  same  sentence 
amended,  1947,  28. 

Sect.  31  revised,  1934,  349  §  18;  last  sentence  amended,  1939,  124; 
1949,  289  §  2. 

Sect.  33  revised,  1941,  484  §  1.     (See  1941,  484  §§  4,  5.) 

Sect.  34  revised,  1934,  349  §  19;  1939,  244  §  2;  amended,  1951,  23  §  1. 

Sect,  34A  added,  1952,  150  (further  limiting  the  investments  by  a 
trust  company  in  certain  loans  issued  by  the  federal  housing  commis- 
sioner). 

Sect.  40  revised,  1941,  484  §  2;  amended,  1945,  88;  temporarily 
affected,  1951,  729.     (See  1941,  484  §§  4,  5.) 

Sect.  40A  added,  1943,  261  (clarifying  the  limits  on  the  total  liabili- 
ties of  any  one  borrower  to  a  trust  company  in  its  commercial  and 
savings  departments);  temporarily  affected,  1951,  729. 

Sect.  41,  sentence  added  at  end,  1947,  36;  same  sentence  revised, 
1952,  93. 

Sect.  43  revised,  1934,  349  §  20;    1941,  484  §  3.     (See  1941,  484  §§ 
4  5.) 
'Sect.  44  revised,  1939,  187;  amended,  1946,  87  §  1. 


Chap.  172A.]  GENERAL  LaWS.  995 

Sect.  44A  added,  1933,  41  §  2  (authorizing  trust  companies  to  pur- 
chase, loan  upon  or  participate  in  loans  upon  the  assets  of  certain 
closed  and  other  banks). 

Sect.  45  revised,  1934,  349  §  21;  amended,  1939,  244  §  3;  revised, 
1946,  87  §  2.     (See  1943,  192;    1946,  87  §  4.) 

Sect.  46  revised,  1934,  349  §  22;  amended,  1939,  244  §  4;  1946, 
87  §  3.     (See  1943,  192;   1946,  87  §  4.) 

Sect.  48  revised,  1934,  349  §  23;  paragraph  (c)  added  at  end,  1937, 
276. 

Sect.  54  amended,  1934,  349  §  24;   1935,  172  §  1. 

Sect.  54A  added,  1935,  172  §  2  (authorizing  trust  companies  under 
certain  conditions  to  deposit  in  their  commercial  departments  certain 
funds  held  in  their  trust  departments). 

Sect.  57  revised,  1934,  349  §  25. 

Sect.  60  amended,  1934,  349  §  26;  last  sentence  revised,  1951, 23  §  2. 

Sect.  61  amended,  1933,  41  §  3. 

Sect.  62  amended,  1934,  349  §  27;  revised,  1941,  104. 

Sect.  66  revised,  1932,  245  §  2. 

Sect.  66A  revised,  1943,  27  §  2. 

Sect.  66B  added,  1949,  289  §  3  (establishing  the  time  within  which 
an  order  may  be  paid  notwithstanding  the  death  of  the  drawer). 

Sect.  67,  paragraph  added  at  end,  1933,  334  §  29  (regulating  the 
declaration  and  payment  of  interest  on  deposits  in  savings  depart- 
ments of  trust  companies). 

Sect.  69  amended,  1943,  110  §  7. 

Sect.  70  revised,  1949,  357  §  3.  (See  1943,  30;  1948,  19;  1949, 
357  §  4.) 

Sect.  74  amended,  1934,  349  §  28. 

Sect.  75  revised,  1934,  349  §  29;  last  sentence  revised,  1943,  193; 
1945,  53  §  1. 

Sect.  76  amended,  1934,  349  §  30. 

Sect.  80  revised,  1934,  349  §  31  (but  see  1934,  349  §  32);  next  to 
last  sentence  revised,  1945,  53  §  2. 

Sect.  82  added,  under  caption  "set-off  or  recoupment  of  de- 
posits", 1932,  295  §  1.     (See  1932,  295  §  2.) 

Sects.  83-89  added,  under  caption  "conservatorship",  1933,  87 

§  1. 

Sects.  83,  88.     See  1933,  112  §§  6,  9. 

Sect.  90  added,  1933,  273  (relative  to  the  enforcement  of  conserva- 
torship proceedings  in  respect  to  trust  companies). 

Chapter  172A.  —  Banking  Companies. 
New  chapter  inserted,  1935,  452  §  4. 

For  temporary  act  to  enable  certain  banking  institutions  to  co- 
operate in  the  distribution  of  United  States  Defense  Savings  Bonds 
and  Defense  Postal  Savings  Stamps,  see  1941,  221,  575. 

Sect.  1  revised,  1938,  266  §  2;  amended,  1941,  391  §  1.  (See  1941, 
391  §§  2,  3.) 

Sect.  1A  added,  1938,  266  §  3  (authorizing  certain  existing  corpora- 
tions to  vote  to  carry  on  the  business  of  a  banking  company  on  certain 
conditions). 

Sect.  2  amended,  1938,  266  §  4. 


996  Changes  in  the  [Chaps.  173-175. 

Sect.  3  revised,  1938,  266  §  5;  fifth  sentence  amended,  1952,  97; 
sentence  added  at  end,  1948,  285. 

Sect.  4  amended,  1938,  266  §  6;   1949,  268  §  1. 

Sect.  5,  first  paragraph  revised,  1938,  266  §  7;  section  revised,  1948, 
148  §  1;  fourth  sentence  amended,  1953,  122;  last  paragraph  revised, 
1950,  92  §  1. 

Sect.  5A  added,  1948,  148  §  2  (relative  to  the  Umitations  on  the 
amount  of  deposits  on  certificate  funds  in  banking  companies). 

Sect.  6  revised,  1938,  266  §  9. 

Sect.  6A  added,  1946,  115  §  1  (authorizing  certain  banking  com- 
panies to  receive  deposits  subject  to  withdrawal  by  check);  amended, 
1948,  150;  second  sentence  amended,  1953,  123;  last  sentence  revised, 
1950,  92  §  2. 

Sect.  7,  preliminary  sentence  revised,  1946,  115  §  2;  clause  First, 
last  sentence  stricken  out,  1945,  192  §  1;  clause  Second  revised,  1943, 
208;  1948,  35;  amended,  1952,  96;  clause  Fourth  added,  1945,  192  §  2; 
revised,  1948,  100. 

Sect.  7A  added,  1938,  266  §  8  (relative  to  the  carrying  and  disposi- 
tion by  certain  existing  corporations  of  certain  assets  not  authorized 
as  investments  after  they  become  subject  to  this  chapter). 

Sect.  7B  added,  1948,  36  (prohibiting  the  making  of  loans  by  bank- 
ing companies  on  the  security  of  their  own  shares  and  regulating  the 
acquisition  or  holding  by  them  of  such  shares). 

Sect.  8  amended,  1947,  39. 

Sect.  8A  added,  1948,  34  (prohibiting  the  making  of  loans  or  ex- 
tensions of  credit  by  banking  companies  to  their  own  executive  officers). 

Sect.  10,  first  sentence  amended,  1946,  115  §  3;  two  sentences  added 
at  end,  1949,  268  §  2. 

Sect.  12,  sentence  added  at  end,  1948,  37, 

Sect.  12A  added,  1948,  281  (relative  to  the  merger,  consolidation  or 
purchase  and  sale  of  assets  of  banking  companies). 

Sect.  15  added,  1941,  438  (authorizing  banking  companies  to  sell 
certain  negotiable  checks). 

Chapter  173.  —  Mortgage  Loan  Investment  Companies. 

Sect.  15  amended,  1949,  592  §  6. 
Sect.  16  revised,  1949,  592  §  7. 

Chapter  174.  —  Bond  and  Investment  Companies. 

Chapter  stricken  out,  1950,  822  §  1. 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

Chapter  174A.  —  Regulation  of  Rates  for  Fire,  Marine  and  Inland  Marine 
Insurance,  and  Rating  Organizations. 
New  chapter  inserted,  1947,  614  §  1.     (See  1947,  614  §  3.) 

Sect.  18,  paragraph  (c)  amended,  1954,  681  §  17.  (See  1954,  681 
§§  20,  22.) 

Chapter  175.  —  Insurance. 

For  legislation  authorizing  domestic  insurance  companies  to  invest 
in  real  estate  mortgages  insured  under  the  National  Housing  Act,  see 


Chap.  175.]  GENERAL  LaWS.  997 

1939,  359.  (See  also  1943,  339.)  [For  other  legislation,  see  1935,  162; 
1937,  240;    1939,  241;    1941.  260;    1943,  126;    1946,  125.] 

For  temporary  act,  modifying  the  requirements  for  investments  in 
real  estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  extended, 
1939,  98;   1941,  40. 

For  temporary  legislation  authorizing  insurance  companies  to  make 
loans  to  veterans  of  World  War  II  guaranteed  or  insured  by  the  ad- 
ministrator of  veterans'  affairs,  see  1945,  46;    1946,  126;    1947,  110. 

For  temporary  legislation  confirming  the  power  and  authority  of 
domestic  insurance  companies,  their  officers,  directors,  employees  and 
agents,  to  pay  certain  taxes  and  fees,  and  relating  to  liability  therefor, 
see  1945,  57;   1947,  80. 

Sect.  1,  definition  of  "Company"  revised,  1947,  488  §  10;  paragraph 
added  (after  definition  of  "Foreign  company")  defining  "Industrial 
life  insurance  pohcy"  or  "poHcy  of  industrial  life  insurance",  1943,  227 
§  11;  paragraph  added  after  word  "law"  in  the  fifty-second  fine,  1938, 
306  (defining  "resident"  with  respect  to  the  incorporators,  officers  and 
directors  of  insurance  companies).     (See  1943,  227  §§  13,  14.) 

Sect.  4,  first  paragraph  revised,  1938,  357  §  1;  fourth  paragraph 
amended,  1939,  472  §  4;   revised,  1941,  324. 

Sect.  5  amended,  1933,  107  §  2. 

Sect.  6,  first  paragraph  amended,  1933,  107  §  3;  section  amended, 
1939,  472  §  1;  first  paragraph  amended,  1939,  488  §  2;  last  sentence 
of  same  paragraph  revised,  1949,  242  §  1.     (See  1939,  488  §  9.) 

Sect.  9,  clause  Second  revised,  1941,  326  §  1;  clause  Fourth  revised, 
1941,  326  §  2;  section  revised,  1943,  227  §  1.     (See  1943,  227  §§  13,  14.) 

Sect.  10  revised,  1947,  217. 

Sect.  U,  first  paragraph  amended,  1934,  92  §  1;  revised,  1943,  207 
§  3;  1945,  605  §  2;  1947,  539;  third  paragraph  amended,  1933,  5. 
(See  1943,  207  §  4;   1945,  605  §  3.) 

Sect.  12  amended,  1943,  183  §  1.     (See  1943,  183  §  2.) 

Sect.  12A  added,  1943,  183  §  2  (relating  to  the  computation  of  re- 
serves required  of  certain  domestic  liability  insurance  companies  with 
respect  to  certain  policies  of  liability  insurance). 

Sect.  14  amended,  1939,  395  §  2;  revised,  1941,  635  §  3,  693;  para- 
graph inserted  after  paragraph  contained  in  line  14,  1943,  54  §  1;  re- 
vised, 1945,  593  §  1;  paragraph  contained  in  lines  22-26  revised,  1943, 
288;  seventeenth  paragraph  revised,  1943,  54  §  2,  227  §  2.  (See  1945, 
593  §  2.) 

Sect.  14A  added,  1949,  735  §  2  (relative  to  contributions  to  the 
expenses  of  the  Committee  on  Valuation  of  Securities  of  the  National 
Ass'n  of  Insurance  Commissioners,  and  the  assessment  upon  domestic 
life  insurance  companies  therefor). 

Sect.  16,  second  paragraph  amended,  1939,  395  §  3. 

Sect.  19A  amended,  1934,  137  §  2;  revised,  1941,  364  §  1. 

Sect.  19B  added,  1939,  375  (authorizing  domestic  insurance  com- 
panies to  merge  or  consolidate  with  foreign  insurance  companies  in 
certain  cases);  revised,  1941,  364  §  2. 

Sect.  19C  added,  1941,  364  §  3  (relative  to  rights  of  stockholders  of 
merging  or  consolidating  corporations). 

Sect.  20,  first  sentence  of  second  paragraph  amended,  1946,  508; 
second  sentence  of  second  paragraph  revised,  1948.  571;  new  paragraph 
inserted  after  fifth  paragraph,  1941,  343. 


998  Changes  in  the  [Chap.  175. 

Sect.  22A  revised,  1935,  234;  first  paragraph  amended,  1946,  158; 
last  paragraph  amended,  1938,  181;   section  revised,  1951,  327. 

Sect.  24,  sentence  added  at  end  of  first  paragraph,  1946,  244. 

Sect.  25,  first  paragraph  revised,  1950,  396  §  1;  second  paragraph 
revised,  1945,  159;  amended,  1950,  396  §  2;  third  paragraph  amended, 
1950,  225;  last  paragraph  of  Form  A  stricken  out,  1934,  12;  Forms  B 
and  C  revised,  1947,  488  §  2;  last  paragraph  of  section  amended,  1934, 
92  §2. 

Sect.  29  revised,  1939,  167. 

Sect.  32  revised,  1938,  357  §  2;  amended,  1941,  342  §  1. 

Sect.  33  revised,  1946,  186. 

Sect.  35  revised,  1950,  63. 

Sect.  36,  second  paragraph  revised,  1935,  140;  1936,  61;  first  two 
paragraphs  revised,  1951,  125;  two  paragraphs  added  at  end,  1938, 
218  §  1;  third  paragraph  revised,  1954,  75. 

Sect.  36A  added,  1948,  496  (relative  to  payment  of  retirement  or 
insurance  benefits  to  agents  and  agency  employees  of  certain  domestic 
insurance  corporations). 

Sect.  36B  added,  1954,  247  (to  permit  accident  and  health  insurance 
companies  to  cover  their  employees  for  accident  and  health  insurance). 

Sect.  47,  clause  First  revised,  1938,  176;  clause  Fourth  revised,  1938, 
307;  clause  Fifth  revised,  1954,  266;  clause  Sixth  amended,  1941,  243; 
1945,  436;  1951,  73;  clause  Seventh  amended,  1937,  261 ;  clause  Twelfth 
re\dsed,  1935,  204;  clause  Seventeenth  added,  1946,  471  §  75. 

Sect.  48,  first  paragraph  revised,  1946,  471  §  2;  hnes  22  and  23 
stricken  out  and  new  paragraph  inserted,  1946,  471  §  3. 

Sect.  48 A  revised,  1946,  471  §  4. 

Sect.  49,  first  paragraph  revised,  1954,  320  §  1 ;  paragraph  inserted 
after  second  paragraph,  1939,  15  §  2;  same  paragraph  stricken  out, 
1954,  320  §  2;  paragraph  contained  in  the  twenty -second  to  the  twenty- 
eighth  hnes  revised,  1941,  342  §  2;  last  paragraph  stricken  out,  1941, 
342  §  3. 

Sect.  50,  first  sentence  revised,  1945,  609  §  1;  1954,  320  §  3:  third 
sentence  amended,  1932,  180  §  33. 

Sect.  51,  clause  (a)  revised,  1946,  471  §  5. 

Sect.  54,  clause  la}/Q  added,  1946,  471  §  6;  clause  (e)  revised,  1939, 
488  §  3.    (See  1939,  488  §  9.) 

Sect.  54A  added,  1932,  165  (permitting  certain  insurance  companies 
to  make  outside  the  commonwealth  contracts  insuring  personal  prop- 
erty against  all  risks  or  hazards) ;  amended,  1938,  198. 

Sects.  54B-54D  added,  1945,  384  §  2  (authorizing  multiple  hne  under- 
writing, so-called,  by  certain  domestic  and  foreign  stock  and  mutual  in- 
surance companies).    (See  1945,  384  §  3.) 

Sect.  54B  revised,  1946,  285;   1950,  475  §  1. 

Sect.  54E  added,  1951,  510  (to  afford  more  complete  insurance  cover- 
age for  dwelling  houses). 

Sect.  59,  sentence  added  at  end,  1948,  286. 

Sect.  63,  paragraph  2,  clause  (d)  added,  1947,  266  §  1;  paragraph  3 
amended,  1947,  266  §  2;  paragraph  3 A  added,  1948,  70;  paragraph  4 
revised,  1947,  266  §  3;  paragraph  5A  added,  1947,  266  §  4;  paragraph 
6  revised,  1947,  266  §  5;  paragraph  7  revised,  1945,  188;  first  sentence 
amended,  1951,  129;  fifth  sentence  revised,  1954,  65;  sentence  added 
at  end,  1946,  438  §  2;   paragraph  7A  added,  1950,  207;   paragraph  9 


Chap.  175.]  GENERAL   LaWS.  999 

revised,  1947,  266  §  6;  paragraph  11  revised,  1947,  266  §  7;  paragraph 
14A  added,  1947,  266  §  8;  revised,  1954,  111  §  1;  paragraph  14B 
added,  1951,  154. 

Sect.  64,  first  paragraph  revised,  1953,  110;  second  paragraph 
amended,  1936,  213;  third  paragraph  revised,  1943,  207  §  2;  1947, 
269  §  2;  1952,  395;  paragraph  added  at  end,  1941,  548.  (See  1943. 
207  §  4.) 

Sect.  65  amended,  1946,  125;   1947,  41;  revised,  1954,  176. 

Sect.  66  amended,  1947,  650;  second  paragraph  stricken  out  and  two 
paragraphs  inserted,  1954,  111  §  2. 

Sect.  66A  added,  1943,  207  §  1  (relative  to  the  construction,  opera- 
tion and  maintenance  of  low  rental  housing  projects  by  domestic  life 
insurance  companies);   revised,  1945,  605  §  1;    1947,  504.     (See  1943 
207  §  4;   1945,  605  §  3.) 

Sect.  66B  added,  1947,  269  §  1  (authorizing  domestic  life  insurance 
companies  to  invest  in  certain  land  and  buildings);  fourth  sentence 
amended,  1953,  94;  fifth  sentence  stricken  out  and  two  sentences  in- 
serted, 1954,  68. 

Sect.  70,  second  sentence  revised,  1954,  320  §  4. 

Sect.  71,  first  sentence  stricken  out  and  four  sentences  inserted,  1954, 
320  §  5. 

Sect.  72  amended,  1936,  212. 

Sect.  73,  first  paragraph  revised,  1939,  300  §  1. 

Sect.  77  amended,  1941,  365  §  1.    (See  1941,  365  §  2.) 

Sect.  79  revised,  1933,  23  §  1;   1953,  220  §  1. 

Sect.  80,  first  sentence  revised,  1947,  196;  paragraph  inserted  after 
the  word  "classified"  in  the  twenty-third  fine,  1936,  315;  section  re- 
vised, 1947,  317;  first  sentence  amended,  1951,  297. 

Sect.  81,  first  sentence  amended,  1952,  34. 

Sect.  83,  paragraph  added  at  end,  1941,  716  §  5.    (See  1941,  723.) 

Sect.  85A  added,  1941,  716  §  1  (providing  that  the  commissioner  of 
insurance  may  authorize  certain  domestic  mutual  insurance  companies 
to  issue  non-assessable  policies);  sentence  added  at  end,  1943,  247  §  1; 
sentence  added  at  end,  1947,  197  §  1.     (See  1941,  723;  1943,  247  §  4.) 

Sect.  87  repealed,  1934,  22. 

Sect.  90,  first  paragraph  amended,  1941,  716  §  2;  1945,  403  §  2. 
(See  1941,  723.) 

Sect.  90A  amended,  1939,  300  §  2. 

Sect.  90B  revised,  1933,  23  §  2;   1945,  726. 

Sect.  90C,  first  paragraph  revised,  1953,  220  §  2. 

Sect.  93,  first  paragraph  revised,  1939,  488  §  1;  1941,  654  §  1.  (See 
1939,  488  §  9.) 

Sect.  93B  revised,  1939,  488  §  4.     (See  1939,  488  §  9.) 

Sect.  93C  revised,  1939,  488  §  5.     (See  1939,  488  §  9.) 

Sect.  93D  revised,  1939,  488  §  6.     (See  1939,  488  §  9.) 

Sect.  93F  added,  1941,  716  §  3  (permitting  certain  domestic  mutual 
insurance  companies  to  issue  non-assessable  poUcies);  sentence  added 
at  end,  1943,  247  §  2;  sentence  added  at  end,  1947,  197  §  2.  (See  1941, 
723;   1943,247  §4.) 

Sect.  94,  first  two  paragraphs  stricken  out,  and  two  new  paragraphs 
inserted,  1933,  81;  first  paragraph  amended,  1938,  218  §  2;  1943,  532 
§  2;  revised,  1945,  313  §  2;  third  paragraph  revised,  1952,  51.  (See 
1945,  313  §  5.) 


1000  Changes  in  the  [Chap.  175. 

Sects.  94A-94M  added,  1947,  488  §  1  (authorizing  and  regulating 
the  exchange  of  reciprocal  or  inter-insurance  contracts  in  the  common- 
wealth). 

Sect.  96A  added,  1946,  471  §  7  (providing  that  insurance  against 
expenses  actually  incurred  in  repairing  or  replacing  property  damaged 
or  destroyed  by  fire  or  other  causes  shall  not  be  subject  to  certain 
hmitations  as  to  value). 

Sect.  97  amended,  1933,  31;  two  sentences  added  at  end,  1945,  399 
§  1.     (See  1945,  399  §  2.) 

Sect.  99,  clause  Ninth  revised,  1934,  95;  paragraph  of  the  standard 
form  appearing  in  lines  14-23  revised,  1943,  462;  clause  Tenth  added, 
1947,  488  §  3;  section  revised,  1951,  478  §  1.     (See  1951,  478  §  2.) 

Sect.  102  amended,  1932,  174  §  1;  revised,  1934,  110  §  1.  (See  1932, 
174  §  2;   1934,  110  §  2.) 

Sect.  104  repealed,  1947,  614  §  2.     (See  1947,  614  §  3.) 

Sect.  106  revised,  1932,  150  §  1;  amended,  1939,  400  §  1.  (See  1932, 
150  §  4.) 

Sect.  108,  paragraph  added  at  end,  1945,  341;  paragraphs  A-C 
added  at  end,  1947,  607;  section  revised,  1954,  275  §  1;  paragraph  C 
amended,  1954,  681  §  18.    (See  1954,  275  §§  4,  5,  681  §§  20,  22.) 

Sect.  109  repealed,  1954,  275  §  2.    (See  1954,  275  §§  4,  5.) 

Sect.  110,  sentence  added  at  end,  1939,  133;  section  amended,  1941, 
118;  revised,  1943,  424  §  3,  532  §  1;  subdivision  (1)  of  second  para- 
graph amended,  1945,  403  §  1;  section  revised,  1949,  676  §  3;  amended, 
1950,  392;  subdivisions  (A)  and  (B)  revised,  1952,  532  §  1;  subdivision 
(A)  amended,  1954,  275  §  3,  327;  1953,  229  §  1;  subdivision  (C) 
amended,  1952,  532  §  lA;  subdivision  (D)  revised,  1952,  532  §  2. 
(See  1954,  275  §§  4,  5.) 

Sect.  IIOA  added,  1938,  401  (relative  to  exemption  of  the  benefits 
of  disability  insurance  from  attachment  and  execution). 

Sect.  HOB  added,  1939,  209  (relative  to  the  termination  or  lapsing 
of  certain  accident  and  health  policies  for  non-payment  of  premiums). 

Sect.  UlC  added,  1943,  375  §  1  (providing  for  the  inclusion  of  ac- 
cident benefits  in  certain  hability  insurance  policies);  revised,  1948, 
287 

Sect.  113A,  provision  (2)  amended,  1933,  119  §  1;  revised,  1933,  145 
§  1;  1949,  570;  amended,  1951,  648  §  2;  provision  (2 A)  added,  1933, 
145  §  2;  amended,  1935,  296  §  1;  provision  (6)  revised,  1936,  272; 
1949,  693  §  1.  (See  1933,  145  §  3;  1935,  296  §  2;  1949,  693  §  2;  1951, 
648  §  3.) 

Sect.  113B,  paragraph  inserted  after  first  paragraph,  1935,  459  §  4; 
third  paragraph  amended,  1951,  251.    (See  1935,  459  §  5.) 

Sect.  113D,  first  paragraph  revised,  1933,  119  §  2;  fourth  paragraph 
revised,  1933,  146  §  1;  sixth  paragraph  revised,  1933,  146  §  2;  amended, 
1934,  46;  first  sentence  of  sixth  paragraph  amended,  1938,  311;  para- 
graph added  at  end,  1933,  119  §  3;  paragraph  added  at  end,  1934,  379; 
revised,  1951,  648  §  1.    (See  1933,  119  §  6,  146  §  3;    1951,  648  §  3.) 

Sect.  113E  added,  1934,  61  (prohibiting  certain  discrimination  in  the 
issuance  or  execution  of  motor  vehicle  liability  policies  or  bonds); 
amended,  1941,  401. 

Sect.  113F  added,  1937,  390  (relative  to  the  renewal  of  motor  vehicle 
liabihty  pohcies  or  bonds,  so  called,  in  certain  cases);  first  paragraph 
amended,  1938,  351. 


Chap.  175.}  GENERAL   LawS.  1001 

Sect.  113G  added,  1939,  406  §  1  (relative  to  the  relations  of  officers, 
directors  and  employees  of  certain  domestic  insurance  companies  with 
certain  insurance  agencies  and  finance  companies).    (See  1939,  406  §  2.) 

Sect.  113H  added,  1953,  570  §  5  (relative  to  co-operation  by  insurance 
companies  in  the  apportionment  of  certain  motor  vehicle  habihty  risks). 

Sect.  1131  added,  1954,  274  (relative  to  the  service  charges  for  se- 
curing motor  vehicle  liability  insurance  for  certain  persons). 

Sect.  113J  added,  1954,  334  (requiring  insurers  under  compulsory 
motor  vehicle  insurance  law  to  furnish  reports  of  medical  examinations). 

Sect.  114  amended,  1932,  180  §  34;   1939,  225. 

Sect.  116A  amended,  1932,  180  §  35. 

Sect.  117A,  first  paragraph  amended,  1938,  216  §  1;  heading  before 
section  117A  stricken  out  and  "marine  and  automobile  and  sprinkler 
leakage  insurance"  inserted,  1938,  216  §  2. 

Sect.  123  revised,  1943,  186;  second  paragraph  stricken  out,  1952,  14. 

Sect.  125.    See  1933,  42. 

Sect.  126  amended,  1943,  227  §  5.    (See  1933,  42  §§  13,  14;  1943,  227.) 

Sect.  128  revised,  1953,  97. 

Sect.  130  revised,  1954,  66. 

Sect.  132,  first  paragraph  revised,  1933,  101  §  1;  first  paragraph 
amended,  1943,  227  §  6;  provisions  numbered  6,  7,  8,  9,  revised,  1943, 
227  §  7;  provision  numbered  10  revised,  1951,  131;  four  paragraphs 
added  at  end  of  section,  1943,  227  §  6.    (See  1943,  227  §§  13,  14.) 

Sects.  132A-132E  added,  1945,  313  §  1  (relative  to  group  annuity 
contracts).    (See  1945,  313  §  5;   1947,  188  §§  1,  2.) 

Sect.  132A,  clause  (6)  stricken  out  and  clauses  (b),  (c)  and  (d)  inserted, 
1951,  249  §  1;  second  paragraph  revised,  1951,  249  §  2;  last  paragraph 
revised,  1951,  249  §  3. 

Sect.  133,  clause  (a)  amended,  1946,  346;  1948,  54;  revised,  1951, 
404  §  1;  clause  (b)  amended,  1938,  362  §  2;  1943,  424  §  1;  revised,  1951, 
404  §  2;  clause  (c)  added,  1938,  362  §  1;  clause  (d)  added,  1943,  424  §  2; 
clause  (e)  added,  1949,  676  §  1;  amended,  1951,  195;  revised,  1951, 
404  §  3;  amended,  1953,  229  §  2. 

Sect.  134,  sentence  added  at  end  of  provision  numbered  4,  1938,  362 
§3;  said  provision  revised,  1939,  170;  1941,456;  last  paragraph  stricken 
out  and  three  new  paragraphs  inserted,  1938,  362  §  4;  first  of  said 
paragraphs  revised,  1949,  676  §  2;  amended,  1950,  463  §  1;  paragraph 
inserted  after  second  of  said  paragraphs,  1950,  463  §  2;  section  revised, 
1951,  404  §  4;   provision  numbered  1  revised,  1954,  285. 

Sect.  134 A  added,  1949,  676  §  4  (relative  to  the  time  of  notice  re- 
quired in  the  conversion  of  group  life  insurance  policies). 

Sect.  138A  added,  1943,  424  §  4  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  for  payment  of  premiums  on 
certain  group  life  insurance  policies). 

Sect.  139,  two  sentences  added  at  end,  1945,  335;  section  revised, 
1946,  313. 

Sect.  140,  second  paragraph  revised,  1943,  227  §  12;  third  paragraph 
amended,  1933,  101  §  2.    (See  1943,  227  §§  13,  14.) 

Sect.  142  revised,  1943,  227  §  8;  first  sentence  revised,  1950,  345  §  1. 
(See  1943,  227  §§  13,  14;   1950,  345  §  2.) 

Sect.  143  revised,  1943,  227  §  9.    (See  1943,  227  §§  13,  14.) 

Sect.  144,  last  paragraph  revised,  1933,  101  §  3;  first  three  para- 
graphs stricken  out  and  four  new  paragraphs  inserted,  1938,  209  §  1; 


1002  Changes  in  the  [Chap.  175. 

section  revised,  1943,  227  §  3;  subdivision  11  added,  1945,  313  §  3. 
(See  1938,  209  §  3;    1943,  227  §§  13,  14;   1945,  313  §§  4,  5.) 

Sect.  146  revised,  1943,  227  §  4.    (See  1943,  227  §§  13,  14.) 

Sect.  146A  added,  1945,  298  (providing  for  giving  notice  to  holders 
of  lapsed  industrial  life  insurance  policies  of  non-forfeiture  benefits). 

Sect.  147  amended,  1938,  209  §  2;  repealed,  1943,  227  §  10.  (See 
1943,  227  §§  13,  14.) 

Sect.  147A  repealed,  1943,  227  §  10.    (See  1943,  227  §§  13,  14.) 

Sect.  147B  added,  1935,  232  (requiring  foreign  life  insurance  com- 
panies to  provide  for  paid-up  and  extended  term  insurance  and  cash 
surrender  values  on  policies  of  industrial  life  insurance  issued  in  the 
commonwealth);   repealed,  1943,  227  §  10.     (See  1943,  227  §§  13,  14.) 

Sect.  149,  first  paragraph  amended,  1954,  318. 

Sects.  149A-149D  added,  1946,  455  (providing  that  certain  unclaimed 
funds  held  by  domestic  life  insurance  companies  be  paid  into  the  state 

Sect.  149 A  revised,  1950,  523  §  1. 

Sect.  149B  amended,  1950,  523  §  2. 

Sect.  149C  amended,  1950,  523  §  3. 

Sect.  149D,  last  sentence  revised,  1949,  694  §  1;  stricken  out  and 
two  sentences  inserted.  1950,  523  §  4.    (See  1949,  694  §  2.) 

Sect.  150  revised,  1945,  609  §  2;  amended,  1946,  250. 

Sect.  151,  clause  Second  amended,  1933,  107  §  1;  clause  Second,  sub- 
division (3)  (c)  revised,  1939,  488  §  7;  1950,  475  §  2;  clause  Second, 
subdivision  (3)  (/)  revised,  1939,  488  §  8;  1950,  475  §  3.  (See  1939, 
488  §  9.) 

Sect.  152A  added,  1941,  716  §  4  (relative  to  the  issue  by  certain 
foreign  mutual  insurance  companies  of  non-assessable  policies);  sen- 
tence added  at  end,  1943,  247  §  3;  same  sentence  amended,  1947,  257; 
sentence  added  at  end,  1947,  197  §  3.    (See  1941,  723;   1943,  247  §  4.) 

Sect.  155,  clause  First  revised,  1932,  150  §  2;  amended,  1939,  400  §  2. 
(See  1932,  150  §  4.) 

Sect.  156A  amended,  1933,  30. 

Sect.  157,  paragraph  added  at  end,  1939,  315;  section  revised,  1941, 
451;  first  paragraph  amended,  1952,  146. 

Sect.  160A  added,  1933,  25  §  1  (prohibiting  the  printing  or  publica- 
tion of  certain  advertisements  for  or  on  behalf  of  unlicensed  insurance 
companies). 

Sect.  160B  added,  1934,  14  §  1  (authorizing  the  commissioner  of  in- 
surance to  publish  certain  information  relative  to  unlicensed  foreign 
insurance  companies  or  societies). 

Sect.  162,  third  paragraph  revised,  1941,  286. 

Sect.  162A  added,  1947,  629  (authorizing  insurance  companies  and 
their  agents  to  compensate  duly  licensed  insurance  brokers  for  certain 
services). 

Sect.  162B  added,  1954,  464  (authorizing  agents  and  brokers  to  ac- 
cept payment  of  insurance  premiums  in  instalments  and  to  finance  in- 
surance payments). 

Sect.  163,  paragraph  added  at  end,  1941,  502;  same  paragraph  re- 
vised, 1943,  85. 

Sect.  164A  added,  1938,  225  (providing  that  no  insurance  agent  shall 
be  charged  with  a  decrease  or  deduction  from  his  commission  or  salary 


Chap.  175.]  GENERAL   LaWS.  1003 

on  account  of  industrial  life  insurance  policies  lapsed  or  surrendered 
after  being  paid  on  for  three  years) ;  revised,  1943,  226. 

Sect.  167A  amended,  1934,  137  §  3;  1937,  260;  1945,  368;  revised, 
1954,  627  §  33.     (See  1954,  627  §§  65,  67.) 

Sect.  168,  first  sentence  revised,  1950,  347  §  1;  fourth  sentence 
stricken  out  and  two  sentences  inserted,  1950,  347  §  2;  fourth  sentence 
amended,  1951,  130. 

Sect.  172,  last  sentence  revised,  1941,  703. 

Sect.  173  revised,  1946,  299. 

Sect.  174,  fourth  paragraph  amended,  1954,  294. 

Sect.  174C  added,  1941,  493  (relative  to  the  quaUfications  and  li- 
censing of  insurance  agents,  insurance  brokers  and  special  insurance 
brokers). 

Sects.  177A-177D  added,  1939,  395  §  1  (defining  and  providing  for 
the  Hcensing  of  insurance  advisers). 

Sect.  177B,  second  and  third  paragraphs  stricken  out,  and  new  para- 
graph inserted,  1941,  635  §  1;   paragraph  added  at  end,  1941,  635  §  2. 

Sect.  178  amended,  1941,  450  §  2. 

Sect.  179,  sentence  added  at  end,  1939,  472  §  2;  section  revised,  1941, 
452. 

Sect.  180A  stricken  out,  and  new  sections  180A-180L  inserted,  1939, 
472  §  3  (relative  to  the  rehabihtation,  conservation  and  Uquidation  of 
certain  domestic  and  foreign  insurers). 

Sect.  180B,  first  sentence  revised,  1949,  242  §  2. 

Sect.  181  revised,  1934,  160;  amended,  1939,  395  §  4. 

Sect.  184  amended,  1937,  103;  first  sentence  revised,  1947,  531; 
section  amended,  1948,  98. 

Sect.  185,  first  paragraph  amended,  1939,  400  §  3;  second  paragraph 
revised,  1932,  150  §  3;  first  and  second  paragraphs  revised,  1941,  654 
§  2;  section  revised,  1943,  238  §  2. 

Sect.  186A  added,  1949,  237  (relative  to  certain  presumptions  cre- 
ated by  the  dehvery  of  endowment  policies  or  annuity  contracts). 

Sect.  187C,  first  paragraph  amended,  1934,  34;  1936,  215  §  1.  (See 
1936,  215  §  2.) 

Sect.  187E  added,  1947,  104  (to  facilitate  payment  by  insurance 
companies  of  amounts  not  exceeding  five  hundred  dollars  due  to  estates 
of  deceased  persons). 

Sect.  192,  sentence  added  at  end,  1943,  375  §  2. 

Sect.  193B  added,  1937,  314  (authorizing  the  payment  of  motor 
vehicle  insurance  premiums  in  instalments). 

Sect.  193C  added,  1948,  617  (authorizing  interlocking  directorates 
of  domestic  insurance  companies). 

Sect.  193D  added,  1948,  621  (regulating  the  acquisition  by  domestic 
insurance  companies  of  stock  guaranty  capital  or  other  share  capital 
of  insurance  companies). 

Sect.  193E  added,  1950,  520  (prohibiting  coercion  in  the  placing  of 
insurance  on  real  or  personal  property). 


1004  Changes   in  the  [Chaps.  175A-176. 


Chapter  175A.  —  Regulation  of  Rates  for  Certain  Casualty  Insurance,  in- 
cluding Fidelity,  Surety  and  Guaranty  Bonds,  and  for  all  other  Forms 
of  Motor  Vehicle  Insurance,  and  Regulation  of  Rating  Organizations. 

New  chapter  inserted,  1947,  641  §  1.     (See  1947,  641  §  3.) 

Sect.  4,  first  paragraph  amended,  1951,  138. 

Sect.  19,  paragraph  (c)  amended,  1954,  681  §  19.  (See  1954,  681 
§  20-22.) 

Chapter  175B.  —  Unauthorized  Insurer's  Process  Act. 
New  chapter  inserted,  1950,  781. 

Chapter  176.  —  Fraternal  Benefit  Societies. 

Sect.  1,  definition  of  "Fraternal  benefit  society"  amended,  1945,  346 

§2. 
Sect.  3  amended,  1941,  336  §  1;  sentence  inserted  after  first  sentence, 

1949,  217. 

Sect.  4  amended,  1939,  139. 

Sect.  5  amended,  1933,  25  §  2;   1934,  14  §  2;   1943,  238  §  3. 

Sect.  8  amended,  1945,  346  §  3. 

Sect.  11  amended,  1943,  309  §  1. 

Sect.  12,  first  paragraph  revised,  1941,  310. 

Sect.  13,  first  sentence  amended,  1945,  346  §  4. 

Sect.  13A  added,  1945,  346  §  1  (authorizing  certain  fraternal  benefit 
societies  to  provide  for  hospitalization  and  medical  service  insuram  e). 

Sect.  14  amended,  1945,  346  §  5;  first  sentence  amended,  1952,  202; 
sentence  added  at  end,  1949,  253. 

Sect.  16  amended,  1938,  93. 

Sect.  18  revised,  1941,  336  §  2;  first  sentence  amended,  1954,  277; 
sentence  added  at  end,  1954,  203. 

Sect.  19,  first  sentence  amended,  1945,  346  §  6;   1949,  252. 

Sect.  19A  added,  1939,  236  §  1  (relating  to  the  granting  of  annuities 
by  certain  fraternal  benefit  societies). 

Sect.  21  amended,  1934,  170;  revised,  1937,  79;  amended,  1939,  236 

Sect.  22  amended,  1941,  336  §  3. 

Sect.  23  amended,  1932,  46;  1938,  94;  1949,  216;  revised,  1951,  132; 
1954,  103. 

Sect.  24  amended,  1941,  322;  first  sentence  amended,  1945,  329. 

Sect.  25  revised,  1938,  157. 

Sect.  30  amended,  1941,  336  §  4. 

Sect.  31  amended,  1945,  346  §  7;   1947,  393;   1949,  251. 

Sect.  32  revised,  1943,  309  §  2;  last  sentence  revised,  1950,  223. 

Sect.  32A  added,  1943,  74  (providing  a  penalty  for  the  alteration, 
defacement,  mutilation,  destruction  or  concealment  of  any  record  of  a 
fraternal  benefit  society). 

Sect.  36,  first  paragraph  amended,  1941, 336  §  5. 

Sect.  37A  added.  1945,  331  (requiring  vouchers,  etc.,  for  certain  dis- 
bursements by  fraternal  benefit  societies). 

Sect.  40,  first  two  sentences  amended,  1932,  180  §  36;  first  para- 
graph amended,  1945,  346  §  8. 


Chaps.  176A,  176B.]  GENERAL   LaWS.  1005 

Sect.  41  amended,  1939,  168;   1945,  346  §  9;   1950,  226. 

Sect.  42A  added,  1943,  238  §  1  (further  regulating  the  admission  of 
certain  foreign  fraternal  benefit  societies  to  transact  business  within  the 
commonwealth). 

Sect.  45,  second  sentence  amended,  1939,  254  §  1 ;  paragraph  added 
after  first  paragraph,  1943,  309  §  3;  second  paragraph  amended,  1932, 
104. 

Sect.  46,  fifth  paragraph  amended,  1939,  254  §  2;  paragraph  inserted 
after  third  paragraph,  1941,  274;  three  sentences  added  at  end  of  para- 
graph so  inserted,  1943,  86. 

Sect.  46B  added,  1932,  47  §  1  (authorizing  certain  fraternal  benefit 
societies  to  acquire,  hold,  manage  and  dispose  of  real  property,  and 
confirming  title  to  such  property  heretofore  acquired  by  certain  of  such 
societies). 

Sect.  46C  added,  1941,  397  (permitting  certain  fraternal  benefit  so- 
cieties to  contract  with  insurance  companies  for  the  payment  of  benefits) ; 
amended,  1954,  398. 

Sect.  46D  added,  1945,  506  (authorizing  grand  or  district  lodges  of 
certain  secret  orders  or  fraternities  to  pay  a  hmited  amount  of  death 
or  funeral  benefits). 

Sect.  49A  added,  1946,  124  (authorizing  certain  fraternal  benefit 
societies  to  pay  pensions  to  their  employees  in  certain  cases) ;  revised, 
1949,  218. 

Chapter  176A.  —  Non-Profit  Hospital  Service  Corporations. 

New  chapter  inserted,  1936,  409. 

Chapter  stricken  out  and  new  chapter  176A  (with  new  title)  inserted,  1950, 
766  §  1.     (See  1950,  766  §§  2-4.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  176A  as  so  inserted: 

Sect.  1,  paragraph  added  at  end,  1951,  687;  section  revised,  1953, 
287  §  1. 

Sect.  3,  first  sentence  revised,  1953,  287  §  2. 

Sect.  5,  first  paragraph  revised,  1953,  287  §  3;  amended,  1954,  513; 
fourth  paragraph  amended,  1953,  636  §  4.    (See  1953,  636  §  9.) 

Sect.  6,  first  two  sentences  revised,  1953,  287  §  4. 

Sect.  8,  paragraph  (c)  (2)  revised,  1953,  287  §  5. 

Sect.  10,  first  paragraph  revised,  1953,  287  §  6. 

Sect.  13  revised,  1953,  287  §  7. 

Sect.  17  revised,  1953,  636  §  5.    (See  1953,  636  §  9.) 

Sect.  27A  added,  1951,  516  (relative  to  a  system  of  general  accident, 
hospitalization,  medical  and  surgical  insurance  for  state  employees). 

Chapter  176B.  —  Medical  Service  Corporations. 
New  chapter  inserted,  1941,  306. 

For  legislation  relative  to  payments  to  certain  soldiers'  homes  for 
certain  services  rendered  to  subscribers,  see  1952,  296. 

Sect.  3,  paragraph  added  at  end,  1948,  359;  amended,  1953,  143; 
paragraph  added  at  end,  1953,  142. 

Sect.  4  revised,  1950,  472. 


1006  Changes  in  the  [Chaps.  176C-179. 

Sect.  10  revised,  1950,  394  §  1 ;  first  sentence  amended,  1954,  276  §  1. 

Sect.  15  repealed,  1951,  797. 

Sect.  16A  added,  1943,  424  §  6  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  of  amounts  payable  under 
certificates  issued  by  certain  medical  service  corporations). 


Chapter  176C.  —  Non-Profit  Medical  Service  Plans. 
New  chapter  inserted,  1941,  334. 

For  legislation  relative  to  payments  to  certain  soldiers'  homes  for 
certain  services  rendered  to  subscribers,  see  1952,  296. 

Sect.  11  revised,  1950,  394  §  2;  amended,  1954,  276  §  2. 

Sect.  16A  added,  1943,  424  §  7  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  of  amounts  payable  under 
contracts  issued  by  certain  medical  service  corporations). 


Chapter  176D.  —  Unfair  Methods  of  Competition  and  Unfair  and  Deceptive 
Acts  and  Practices  in  the  Business  of  Insurance. 

New  chapter  inserted,  1947,  659. 

Chapter  178.  —  Savings  Bank  Life  Insurance. 

For  legislation  relative  to  the  computation  of  the  reserve  liability  with 
respect  to  life  insurance  policies  issued  by  savings  and  insurance  banks 
and  to  the  non-forfeiture  benefits  under  such  poUcies,  see  1943,  227. 

Sect.  10  amended,  1935,  330  §  1;  1946,  112  §  1;  revised,  1951,  264. 
(See  1946,  112  §  2.) 

Sect.  11  amended,  1935,  330  §  2. 

Sect.  IIA  added,  1935,  330  §  3  (relative  to  non-payment  of  premiums 
on  annuity  and  certain  other  contracts). 

Sect.  14  amended,  1947,  260  §  3. 

Sect.  15  amended,  1935,  330  §  4;   1936,  285  §  1. 

Sect.  16  revised,  1947,  260  §  4. 

Sect.  17  revised,  1935,  330  §  5;   1939,  391  §  1.    (See  1939,  391  §  2.) 

Sect.  18  amended,  1943,  210  §  1. 

Sect.  18A  added,  1943,  210  §  2  (relative  to  payments  to  the  general 
insurance  guaranty  fund). 

Sect.  19  amended,  1935,  330  §  6. 

Sect.  21  revised,  1935,  330  §  7;  amended,  1936,  285  §  2. 

Sect.  26  revised,  1932,  103. 

Sect.  29  amended,  1936,  285  §  3;  revised,  1941,  108  §  1. 

Sect.  30  amended,  1936,  285  §  4. 

Sect.  31  revised,  1941,  108  §  2. 

Sects.  32  and  33  added,  1947,  143  (creating  the  savings  bank  Hfe 
insurance  council  and  defining  ita  powers  and  the  powers  of  savings  and 
insurance  banks  relative  thereto). 


Chapter    179.  —  Proprietors   of   Wharves,    Real   Estate    lying   in    Common, 

and  General  Fields. 

Sect.  3  revised,  1943,  130  §  1.    (See  1943,  130  §  2.) 
Sect.  15  revised,  1948,  550  §  38. 


Chaps.  180-183.]  GENERAL  LaWS.  1007 


Chapter  180.  —  Corporations  for  Charitable  and  Certain  Other  Purposes. 

Sect.  3  amended,  1943,  549  §  5;  revised,  1947,  559  §  1.  (See  1947, 
559  §  7.) 

Sect.  5  amended,  1934,  328  §  21;  second  sentence  revised,  1947, 
559  5  2. 

Sect.  6  revised,  1947,  461;  1949,  692  §  1;  1952,  602  §  13. 

Sect.  6A  added,  1949,  692  §  2  (relative  to  the  approval  of  certain 
proposed  corporations  organized  for  the  purpose  of  caring  for  minors 
and  aged  persons) ;  repealed,  1952,  602  §  14. 

Sect.  8  repealed,  1947,  559  §  3. 

Sect.  10  amended,  1932,  180  §  37;  revised,  1937,  151  §  1;  1943,  549 
§  6;  1947,  559  §  4. 

Sect.  11  revised,  1937,  151  §  2;   1947,  559  §  5. 

Sect.  12  amended,  1946,  24;  last  sentence  revised,  1948,  354  §  2; 
section  repealed,  1954,  529  §  4. 

Sect.  12A  amended,  1935,  246;   1946,  25;  repealed,  1954,  529  §  5. 

Sect.  17,  first  sentence  revised,  1947,  559  §  6. 

Sect,  17A  added,  1950,  740  §  1  (authorizing  payroll  deductions  for 
union  dues  in  case  of  certain  governmental  employees) ;  revised,  1954, 
678. 

Sect.  26A  added,  1933,  236  §  1  (requiring  the  fiUng  of  annual  returns 
by  certain  incorporated  clubs  and  other  corporations) ;  amended,  1945, 
225.    (See  1933,  236  §  2.) 

Sect.  27  amended,  1934,  328  §  22. 

Chapter  181.  —  Foreign  Corporations. 

Sect.  3  revised,  1943,  459  §  4;  amended,  1946,  342  §  1;  last  sentence 
revised,  1949,  54. 

Sect.  4,  paragraph  added  at  end,  1946,  342  §  2. 
Sect.  12  amended,  1953,  351. 
Sect.  23  amended,  1952,  315. 

Chapter  182.  —  Voluntary  Associations  and  Certain  Trusts. 

Sect.  1  amended,  1954,  254  §  1. 
Sect.  2  revised,  1948,  550  §  39. 
Sect.  3  amended,  1945,  649  §  1. 
Sect.  4  amended,  1945,  649  §  2. 
Sect.  7  amended,  1945,  649  §  3. 
Sect.  8  amended,  1945,  649  §  4. 
Sect.  9  amended,  1945,  649  §  5. 

Sects.  12-14  added,  1954,  254  §  2  (relative  to  fiUng  reports  by  volun- 
tary associations  and  certain  trusts). 

Chapter  183.  —  Alienation  of  Land. 

Sect.  4  revised,  1941,  85. 

Sect.  28A  added,  1946,  438  §  1  (extending  the  security  of  real  estate 
mortgages  to  cover  expenses  of  repairs  or  replacements  of  mortgaged 
property  and  taxes  and  other  assessments). 

Sect.  43  amended,  1937,  101  §  1. 


1008  Changes  in  the  [Chaps.  184-186. 

Sect.  44  amended,  1937,  101  §  2. 

Sect.  54,  first  two  sentences  stricken  out  and  one  sentence  inserted, 
1951,  698. 

Chapter  184.  —  General  Provisions  relative  to  Real  Property. 

Sect.  7,  sentence  added  at  end,  1954,  395  §  1. 

Sect.  8  revised,  1954,  395  §  2. 

Sect.  13  amended,  1937,  112;  revised,  1937,  245  §  1;  first  paragraph 
amended,  1943,  52  §  1.    (See  1937,  245  §  2;    1943,  52  §  2.) 

Sect.  15  amended,  1941,  88  §  1.    (See  1941,  88  §  2.) 

Sect.  17A  added,  1939,  270  (relative  to  the  effect  of  agreements  for 
the  purchase  and  sale  of  real  estate). 

Chapter  184A.  —  The  Rule  Against  Perpetuities. 
New  chapter  inserted,  1954,  641  §  1.     (See  1954,  641  §  2.) 

Chapter  185.  —  The  Land  Court  and  Registration  of  Title  to  Land. 

Sect.  1,  clause  (6)  revised,  1935,  318  §  3;  clause  (c)  revised,  1935, 
318  §  4;  clause  (j)^)  added,  1934,  263  §  1  (granting  to  land  court 
exclusive  original  jurisdiction  to  determine  by  declaratory  judgment 
the  validity  and  extent  of  municipal  zoning  ordinances,  by-laws  and 
regulations);  clause  (A:)  revised,  1934,  67  §  1;  clauses  (I)  and  (m) 
added,  1935,  318  §  5  (granting  to  said  court  original  jurisdiction  con- 
current with  supreme  judicial  and  superior  courts  of  certain  suits  in 
equity);  paragraph  in  lines  44-50,  inclusive,  revised,  1937,  183  §  1; 
paragraph  in  lines  51-55  revised,  1947,  449  §  3.  (See  1934,  67  §  2; 
1935,  318  §  8;   1937,  183  §  2;   1947,  449  §  7.) 

Sect.  2  amended,  1937,  409  §  3.    (See  1937,  409  §  7.) 

Sect.  2A  repealed,  1937,  409  §  4.    (See  1937,  409  §  7.) 

Sect,  6,  first  sentence  stricken  out  and  two  sentences  inserted,  1953, 
449  §  1;  last  sentence  amended,  1949,  447.    (See  1953,  449  §  2.) 

Sect.  lOA  revised,  1948,  664  §  3;  1953,  601. 

Sect.  U  amended,  1954,  308. 

Sect.  12,  sentence  added  at  end,  1941,  27;  section  revised,  1943,  29; 
1949,  47. 

Sect.  14,  sentence  in  lines  10-12  stricken  out,  1946,  427  §  2;  section 
revised,  1946,  544  §  3;  first  sentence  amended,  1949,  696;  section  re- 
vised, 1951,  742  §  3.  (See  1946,  427  §  3;  544  §  5;  1951,  742  §§  4,  5; 
1953,  567.) 

Sect.  25A  added,  1933,  55  (relative  to  the  power  of  the  land  court 
to  enforce  its  orders  and  decrees,  and  relative  to  service  of  its  processes). 

Sect.  40  amended,  1937,  118. 

Sect.  48,  paragraph  added  at  end,  1949,  48. 

Sect.  78  amended,  1937,  144  §  1.    (See  1937,  144  §  2.) 

Chapter  186.  —  Estates  for  Years  and  at  Will. 

Sect.  12  revised,  1946,  202. 

Sect.  14  revised,  1950,  495. 

Sect.  15  added,  1945,  445  §  1  (making  void  certain  provisions  of 
leases  and  rental  agreements  pertaining  to  real  property).  (See  1945, 
445  §  2.) 


Chaps.  188-195.]  GENERAL  Laws.  1009 

Sect.  16  added,  1947,  118  §  1  (making  void  so  much  of  any  real  estate 
or  rental  agreement  as  provides  for  its  termination  in  the  event  tenants 
have  children).    (See  1947,  118  §  2.) 

Chapter  188.  —  Homesteads. 

Sect.  1  amended,  1939,  32  §  1.    (See  1939,  32  §  5.) 
Sect.  9  amended,  1939,  32  §  2.    (See  1939,  32  §  5.) 

Chapter  189.  —  Dower  and  Curtesy. 

Sect.  3  revised,  1936,  91  §  1.    (See  1936,  91  §  2.) 

Chapter  190.  —  Descent  and  Distribution  of  Real  and  Personal  Property. 

Sect.  1,  paragraph  (1)  amended,  1945,  238  §  1.    (See  1945,  238  §  2.) 
Sect.  7  amended,  1943,  72  §  1. 

Chapter  190A.  —  Effect  of  Apparently  Simultaneous  Deaths  upon  Devolu- 
tion and  Disposition  of  Property,  including  Proceeds  of  Insurance. 

New  chapter  inserted,  1941,  549  §  1.     (See  1941,  549  §  2.) 

Chapter  192.  —  Probate  of  Wills  and  Appointment  of  Executors. 

Sect.  1A  added,  1934,  113  (requiring  that  the  attorney  general  be 
made  a  party  in  certain  proceedings  relative  to  the  probate  of  wills). 

Sect.  IB  added,  1945,  338  §  1  (providing  for  a  guardian  ad  litem 
when  the  surviving  spouse  of  the  deceased  is  under  disability). 

Sect.  7.    See  1937,  408  §  3. 

Sect.  9  amended,  1950,  390. 

Sect.  12  added,  1954,  465  §  1  (requiring  executors  to  notify  devisees 
and  legatees  of  devises  and  bequests).     (See  1954,  465  §  2.) 

Chapter  193.  —  Appointment  of  Administrators. 

Sect.  3  amended,  1938,  328. 

Sect.  4  amended,  1951,  163  §  1,  684  §  1.  (See  1951,  684  §  2.) 

Sect.  5  amended,  1951,  163  §  2. 

Sect.  12  amended,  1945,  349  §  1. 

Chapter  194.  —  Public  Administrators. 

Sect.  5A  added,  1953,  333  (relative  to  the  granting  of  administra- 
tion to  pubhc  administrators). 

Sect.  7  revised,  1933,  100. 

Sect.  9,  last  sentence  amended,  1932,  180  §  38;  section  aflTected, 
1932,  180  §  45. 

Sect.  10.    See  1936,  428. 

Chapter  195.  —  General  Provisions  relative  to  Executors  and  Administrators. 

Sects.  1-4  repealed,  1933,  221  §  1.    (See  1933,  221  §  8.) 

Sect.  7  revised,  1945,  349  §  2. 

Sect.  8  amended,  1933,  221  §  2.    (See  1933,  221  §  8.) 


1010  Changes  in  the  [Chaps.  196-201. 

Sect.  11,  sentence  added  at  end,  1954,  478  §  1. 
Sect.  16  added,  1954,  562  §  1  (providing  for  the  informal  adminis- 
tration of  certain  small  estates  of  deceased  persons) . 

Chapter  196.  —  Allowances  to  Widows  and  Children,  and  Advancements. 

Sect.  2  amended,  1933,  36;  revised,  1936,  214. 


Chapter  197.  —  Payment  of  Debts,  Legacies  and  Distributive  Shares. 

Sect.  2  amended,  1933,  221  §  3.    (See  1933,  221  §  8.) 

Sect.  2A  added,  1939,  298  (establishing  limitations  appUcable  to  suits 
against,  and  regulating  the  payments  of  debts  by,  administrators  de 
bonis  non). 

Sect.  9  amended,  1933,  221  §  4;  1954,  552  §  1.  (See  1933,  221  §  8.) 
-    Sect.  10  revised,  1954,  552  §  2. 

Sect.  19  revised,  1954,  465  §  2.    (See  1954,  465  §§  3,  4.) 

Chapter  200.  —  Settlement  of  Estates  of  Absentees. 

Sect.  12  revised,  1941,  399  §  1. 

Sects.  13  and  14  stricken  out  and  new  section  13  inserted,  1941, 
399  §  2. 
Sect.  13  revised,  1946,  395. 


Chapter  200A.  —  Abandoned  Property. 
New  chapter  inserted,  1950,  801. 

Sect.  10  amended,  1953,  654  §  98. 

Sect.  13,  first  sentence  stricken  out,  1953,  654  §  99. 

Chapter  201.  —  Guardians  and  Conservators. 

Sect.  1  amended,  1945,  728  §  1.    (See  1945,  728  §  4.) 

Sect.  6  amended,  1941,  194  §  13. 

Sect.  7  amended,  1941,  194  §  14. 

Sect.  13,  sentence  added  at  end,  1934,  204  §  1;  section  amended, 
1941,  194  §  15. 

Sect.  13A  added,  1941,  325  (providing  for  the  removal  of  a  per- 
manent guardian  of  an  insane  person). 

Sect.  14  amended,  1941,  194  §  16. 

Sect.  16  revised,  1945,  728  §  2.    (See  1945,  728  §  4.) 

Sect.  18,  new  sentence  added  at  end,  1934,  204  §  2, 

Sect.  20,  see  1945,  338  §  3. 

Sect.  21  revised,  1945,  728  §  3;  amended,  1953,  571  §  3;  second  sen- 
tence revised,  1954,  330.    (See  1945,  728  §  4.) 

Sect.  30  amended,  1939,  57. 

Sect.  33  amended,  1950,  420;  sentence  inserted  after  first  sentence, 
1954,  478  §  2. 

Sect.  39A  added,  1936,  270  (authorizing  payments  from  estates  of 
minors  under  guardianship  for  expenses  for  the  funerals  of  the  parents 
in  certain  cases). 

Sect.  45,  sentence  added  at  end,  1945,  338  §  2. 


Chaps.  202-204.]  GENERAL  LawS.  1011 

Sect.  47A  added,  1937,  312  §  1  (permitting  guardians  and  conser- 
vators to  invest  funds  in  certain  insurance  policies  and  annuity  con- 

Sect.  48A  revised,  1941,  241;  1949,  14;  1950,  66  §  1;  first  sentence 
amended,  1952,  174  §  1;  revised,  1954,  311  §  1;  sentence  added  at  end, 
1952,  174  §  2. 

Chapter  202.  —  Sales,  Mortgages  and  Leases  of  Real  Estate  by  Executors, 
'Administrators,  Guardians  and  Conservators. 

Sect.  4A  added,  1933,  129  (relative  to  the  use  and  management  of 
real  estate  of  a  decedent  by  his  executor  or  administrator  for  the  pur- 
pose of  the  payment  of  debts  from  the  rents  thereof). 

Sect.  12  amended,  1941,  194  §  17. 

Sect.  14  amended,  1934,  157  §  1. 

Sect.  19  amended,  1941,  341  §  1.    (See  1941,  341  §  2.) 

Sect.  20  revised,  1933,  221  §  5.    (See  1933,  221  §  8.) 

Sect.  32,  first  sentence  amended,  1952,  445  §  2. 

Sect.  36  added,  1945,  418  §  1  (relative  to  sales,  mortgages  and  leases 
by  guardians  and  conservators  of  wards  holding  real  estate  under  ten- 
ancies by  the  entirety).    (See  1945,  418  §  2.) 

Chapter  203.  —  Trusts. 

Sect.  3A  added,  1946,  287  §  1  (exempting  trusts  created  by  employers 
in  connection  with  stock  bonus,  pension,  disabihty,  death  benefit  or 
profit  sharing  plans  from  the  rule  against  perpetuities).  (See  1946, 
287  §§  2,  3.) 

Sect.  12,  sentence  added  at  end,  1954,  478  §  3. 

Sect.  13  revised,  1943,  201  §  1.    (See  1943,  201  §  3.) 

Sect.  16  amended,  1934,  157  §  2. 

Sect.  17A  added,  1932,  50  (relative  to  the  sale  of  real  estate  by  for- 
eign testamentary  trustees). 

Sect.  22  amended,  1936,  184  §  1.    (See  1936,  184  §  2.) 

Sects.  24A  and  24B  added,  under  caption  "salvage  operations 
OF  trustees",  1943,  389  §  1.    (See  1943,  389  §  2.) 

Sect.  25A  added,  under  the  heading  "purchase  of  insurance 
policies  or  annuity  contracts",  1937,  312  §  2  (permitting  trustees 
to  invest  funds  in  certain  insurance  poHcies  and  annuity  contracts). 

Sect.  41  revised,  1948,  550  §  40. 

Chapter  203A.  —  Collective  Investment  of  Small  Trust  Funds. 
New  chapter  inserted,  1941,  474. 

Sect.  7  amended,  1949,  755;  revised,  1952,  209. 
Sect.   U  added,   1945,  67   (making  redeemable  obhgations  of  the 
United  States  eligible  investments  for  common  trust  funds). 

Chapter  204.  —  General  Provisions  relative  to  Sales,  Mortgages,  Releases, 
Compromises,  etc.,  by  Executors,  etc. 

Sect.  26  amended,  1933,  221  §  6.    (See  1933,  221  §  8.) 

Sects.  27-36  added,  1943,  152  (authorizing  releases  and  disclaimers 

of  powers  of  appointment  and  providing  for  the  methods  of  releasing 

and  disclaiming  the  same). 


1012  Changes  in  the  [Chaps.  205-207. 

Sect.  37  added,  1943,  201  §  2  (authorizing  the  resignation  of  fidu- 
ciaries by  their  guardians,  conservators  or  committees,  or  other  Hke 
officers,  acting  in  their  behalf). 

Chapter  205.  —  Bonds  of  Executors,  Administrators,  Guardians,  Conservao 
tors,  Trustees  and  Receivers. 

Sect.  4  amended,  1941,  45  §  1. 
Sect.  5  amended,  1941,  45  §  2. 
Sect.  19A  revised,  1950,  05;   1954,  309. 

Chapter   206.  —  Accounts   and   Settlements   of    Executors,    Administrators, 
Guardians,  Conservators,  Trustees  and  Receivers. 

Sect.  7  amended,  1941,  194  §  18. 

Sect.  16  amended,  1941,  36;  revised,  1949,  140. 

Sect.  17  amended,  1936,  208. 

Sect.  19  repealed,  1938,  154  §  2. 

Sect.  23  repealed,  1938,  154  §  2. 

Sect.  24  revised,  1938,  154  §  1;   1950,  413. 

Sect.  25  revised,  1950,  64  §  1;   first  sentence  revised,  1954,  312  §  1. 

Sect.  27  revised,  1950,  66  §  2;   1954,  311  §  2. 

Sect.  27A  added,  1950,  265  (relative  to  the  disposition  of  certain 
legacies  or  distributive  shares  of  estates  to  persons  entitled  thereto  but 
unavailable). 

Chapter  207.  —  Marriage. 

Sect.  5  amended,  1941,  194  §  18A. 

Sect.  7  revised,  1941,  270  §  1. 

Sect.  14,  paragraph  added  at  end,  1951,  469. 

Sect.  17  amended,  1945,  185. 

Sect.  19  revised,  1948,  550  §  41. 

Sect.  20  amended,  1933,  127;  sentence  inserted  after  the  word  "resi- 
dence" in  line  18,  1943,  561  §  3. 

Sect.  20A  added,  1939,  269  §  3  (relative  to  the  duties  of  city  and 
town  clerks  in  the  case  of  the  filing  of  notices  of  intention  of  marriage  of 
pregnant  females). 

Sect.  20B  added,  1941,  601  §  1  (requiring  pre-marital  physical  ex- 
amination); first  paragraph  amended,  1941,  697  §  1;  second  paragraph 
stricken  out  and  three  paragraphs  inserted,  1941,  697  §  2;  repealed, 
1943,  561  §  2.    (See  1941,  697  §  3.) 

Sect.  21,  paragraph  added  at  end,  1943,  168  §  2. 

Sect.  28  amended,  1941,  601  §  2.    (See  1941,  601  §  4.) 

Sect.  28A  added,  1943,  561  §  1  (further  regulating  pre-marital  ex- 
aminations); revised,  1950,  113. 

Sect.  30  amended,  1937,  11  §  1;  1945,  214  §  1;  1946,  197  §  I.  (See 
1937,  11  §  2;    1945,  214  §  2.) 

Sect.  33  amended,  1941,  270  §  2. 

Sect.  36  revised,  1946,  273  §  1. 

Sect.  38  revised,  1932,  162;  amended,  1946,  197  §  2;   1949,  249. 

Sect.  40  revised,  1946,  197  §  3. 

Sect.  42  amended,  1946,  197  §  4. 

Sect.  47 A  added,  under  heading  "breach  of  contract  to  marry 
NOT  actionable",  1938,  350  §  1  (abolishing  causes  of  action  for  breach 
of  contract  to  marry).    (See  1938,  350  §  3.) 


Chaps.  208-210.]  GENERAL   LaWS.  1013 

Sect.  52  revised,  1943,  312  §  1.    (See  1943,  312  §  2.) 

Sect.  55  repealed,  1946,  273  §  2. 

Sect.  57  amended,  1941,  601  §  3.    (See  1941,  601  §  4.) 

Chapter  208.  —  Divorce. 

Sect.  2  revised,  1937,  76  §  1.    (See  1937,  76  §  2.) 

Sects.  9-11  revised,  1943,  196  §  1.    (See  1943,  196  §  2.) 

Sect.  19  revised,  1932,  3. 

Sect.  20A  added,  1953,  213  §  1  (authorizing  a  decree  for  living  apart 
for  justifiable  cause  in  certain  cases  where  a  divorce  decree  has  been 
denied).    (See  1953,  213  §  2.) 

Sect.  21,  sentence  added  at  end,  1934,  181  §  1.    (See  1934,  181  §  2.) 

Sect.  24  amended,  1943,  168  §  1. 

Sect.  24A  added,  1948,  66  (providing  that  copies  of  or  certificates 
relating  to  decrees  of  divorce  shall  contain  certain  information  relative 
to  decrees  nisi  and  to  rights  to  remarry). 

Sect.  26  repealed,  1949,  76  §  1. 

Sect.  27  revised,  1949,  76  §  2. 

Sect.  33  revised,  1936,  221  §  1.    (See  1936,  221  §  2.) 

Sect.  35  amended,  1950,  57. 

Sect.  38  revised,  1933,  288. 

Sect.  45  amended,  1948,  279. 

Sect.  46  amended,  1952,  86. 

Chapter  209.  —  Husband  and  Wife. 

Sect.  10  revised,  1948,  550  §  42. 
Sect.  21  amended,  1939,  32  §  3.    (See  1939,  32  §  5.) 
Sect.  32,  sentence  added  at  end,  1938,  136. 
Sect.  33  revised,  1933,  360. 

Chapter  210.  —  Adoption  of  Children  and  Change  of  Names. 

Sect.  1  amended,  1941,  44. 

Sect.  2  revised,  1950,  737  §  1;  affected,  1951,  148. 

Sect.  2A  added,  1954,  649  §  1  (providing  certain  requirements  rela- 
tive to  petitions  for  adoption) . 

Sect.  3  amended,  1941,  61;  1945,  239;  revised,  1945,  300;  amended, 
1951,  674;  revised,  1952,  352;   1953,  61. 

Sect.  3A  added,  1953,  593  §  1  (relative  to  consent  to  the  adoption  of 
children  in  certain  cases). 

Sect.  4  revised,  1953,  593  §  2. 

Sect.  5A  revised,  1950,  737  §  2;  paragraph  added  at  end,  1954, 
649  §  2. 

Sect.  5B  added,  1950,  737  §  3  (providing  that  adoptive  parents  shall 
be  of  the  same  religion  as  the  child  when  practicable). 

Sect.  5C  added,  1951,  173  (relative  to  the  segregation  and  inspection 
of  adoption  papers). 

Sect.  6,  paragraph  added  at  end,  1943,  155  §  1;    1950,  737  §  4. 

Sect.  7,  sentence  added  at  end,  1950,  737  §  5. 

Sect.  IIA  revised,  1950,  737  §  6. 

Sect.  13,  first  paragraph  amended,  1948,  247;  paragraph  added  at 
end,  1943,  155  §  2. 


1014  Changes  in  the  [Chaps.  211-213. 


Chapter  211.  —  The  Supreme  Judicial  Court. 

Sect.  4  amended,  1945,  465. 

Sect.  11  revised,  1933,  300  §  1.  (See  1933,  300  §  4.) 
Sect.  13  revised,  1952,  416. 
Sect.  19  revised,  1938,  115  §  1. 

Sect.  22  revised,  1946,  544  §  1;  1951,  742  §  1.  (See  1946,  544  §  5; 
1951,  742  §§  4,  5.) 

Chapter  212.  —  The  Superior  Court. 

For  act  further  extending  to  June  30,  1949,  the  operation  of  certain 
provisions  of  law  (1923,  469,  as  amended)  relative  to  the  more  prompt 
disposition  of  criminal  cases  in  the  superior  court,  see  1948,  230.  See 
1949,  210  §  2. 

Sect.  6  amended,  1953,  319  §  24.    (See  1953,  319  §§  39,  40.) 

Sect.  14  revised,  1932,  144  §  1.  (For  prior  temporary  legislation, 
see  1927,  306;   1948,  230). 

Sect.  14A  added,  1932,  144  §  2  (regulating  the  establishing  of  sessions 
and  sittings  of  the  superior  court.  For  prior  temporary  legislation, 
see  1927,  306;   1928,  228.) 

Sects.  14B-14E  added,  1949,  210  §  1  (making  permanent  the  opera- 
tion of  certain  provisions  of  law  relative  to  the  more  prompt  disposition 
of  criminal  cases  by  district  court  judges  sitting  in  the  superior  court). 
(See  1949,  210  §  3.) 

Sect.  14B  revised,  1954,  668  §  1.    (See  1954,  668  §  2.) 

Sect.  14E,  first  sentence  amended,  1952,  477. 

Sects.  15-18  repealed,  1932,  144  §  3. 

Sect.  20A  added,  1949,  139  (relative  to  central  pools  of  jurors  sum- 
moned for  attendance  upon  the  superior  court). 

Sect.  22  amended,  1934,  287;  1943,  145  §  1;  sentence  added  at  end, 
1943,  244  §  3.     (See  1943,  145  §  2.) 

Sect.  24  amended,  1943,  244  §  4. 

Sect.  25  amended,  1932,  144  §  4. 

Sect.  26A  added,  1935,  229  §  1  (providing  for  the  transfer  from  the 
superior  court  to  the  land  court  of  certain  actions  at  law  and  suits  in 
equity  where  any  right,  title  or  interest  in  land  is  involved).  (See  1935, 
229  §  2.) 

Sect.  27  revised,  1946,^544  §  2;  1951,  742  §  2.  (See  1946,  544  §  5; 
1951,  742  §§  4,  5;   1953,  567.) 

Sect.  28A  repealed,  1949,  654  §  2. 

Chapter  213.  —  Provisions  Common  to  the  Supreme  Judicial  and  Superior 

Courts. 

Sects.  1A  and  IB  added,  1939,  257  §  1  (granting  to  the  superior  court 
jurisdiction  of  certain  extraordinary  writs  and  certain  other  matters, 
concurrently  with  the  supreme  judicial  court).    (See  1939,  257  §  2.) 

Sect.  1A  amended,  1941,  28,  180. 

Sects.  IC  and  ID  added,  1943,  374  §  4  (providing  for  changing  a 
petition  for  certiorari  into  a  petition  for  mandamus  and  vice  versa  and 
providing  for  appeals  from  judgments  upon  such  petitions). 

Sect.  3,  clause  Tenth  A  revised,  1945,  582  §  2  (see  1945,  582  §§  4, 
5) ;  clause  Tenth  B  added,  1943,  374  §  3  (providing  for  the  presentation 


Chaps.  214,  215.]  GENERAL   LawS.  1015 

at  hearings  upon  petitions  for  certiorari  of  evidence  at  proceedings 
complained  of  in  such  petitions). 

Sect.  3A  added,  1949,  654  §  1  (relative  to  the  printing  of  rules  of  the 
supreme  judicial  and  superior  courts). 

Sect.  4  revised,  1947,  449  §  5.    (See  1947,  449  §  7.) 

Sect.  6  amended,  1932,  144  §  5. 

Chapter  214.  —  Equity  Jurisdiction  and  Procedure  in  the  Supreme  Judicial 

and  Superior  Courts. 

Sect.  1  amended,  1935,  407  §  2.  (See  1935,  407  §  6;  1937,  436  §  10; 
G.  L.  150A  §  6  ih)  inserted  bv  1938.  345  §  2.) 

Sect.  1A  added,  1954,  439  §  1  (relative  to  suits  in  equity  for  specific 
performance).    (See  1954,  439  §  3.) 

Sect.  2  amended,  1954,  439  §  2.  (See  1954,  439  §  3.)  Affected, 
1939,  257  §  2. 

Sect.  3,  clause  (1)  revised,  1950,  387;  clause  (12)  added  at  end,  1939, 
194  §  1. 

Sect.  9  amended,  1934,  381;  1935,  407  §  3;  last  sentence  amended, 
1947,  571  §  1.  (See  1935,  407  §  6;  1937,  436  §  10;  G.  L.  150A  §  6  (h) 
inserted  by  1938,  345  §  2.) 

Sect.  9A  added,  1935,  407  §  4  (limiting  authority  of  courts  to  grant 
injunctive  relief  in  cases  involving  or  growing  out  of  labor  disputes); 
subsection  (2)  amended,  1950,  452  §  3.  (See  1935,  407  §  6;  1937,  436 
§  10;  G.  L.  150A  §  6  {h)  inserted  by  1938,  345  §  2;   1950,  452  §§  5-7.) 

Sect.  9B  added,  1947,  571  §  2  (relative  to  the  issuance  of  injunctions 
in  certain  jurisdictional  disputes). 

Sect.  22  amended,  1948,  309. 

Sect.  23  revised,  1945,  394  §  1;   1947,  365  §  2.    (See  1945,  394  §  2.) 

Sect.  24  amended,  1947,  365  §  1. 

Chapter  215.  —  Probate  Courts. 

Sect.  3,  sentence  added  at  end,  1949,  56. 

Sect.  6  amended,  1933,  237  §  1;  revised,  1937,  257;  amended,  1939, 
194  §  2;  sentence  inserted  before  last  sentence,  1950,  485  §  3;  1951, 
657  §  2;  same  sentence  stricken  out,  1954,  556  §  2.    (See  1954,  556  §  10.) 

Sect.  6B  added,  1935,  247  §  1  (providing  for  interpretative  judg- 
ments in  the  probate  courts  as  to  the  meaning  of  written  instruments); 
repealed,  1945,  582  §  3.    (See  1935,  247  §  2;   1945,  582  §  5.) 

Sect.  9,  sentence  added  at  end,  1945,  469  §  1 ;  same  sentence  stricken 
out,  1947,  360.     (See  1945,  469  §  2;    1946,  88,  610  §  1;    1947,  97  §  1.) 

Sect.  11  amended,  1947,  365  §  3. 

Sect.  30A  amended,  1934,  330. 

Sect.  39A  added,  1947,  536  (relative  to  counsel  fees  in  the  probate 
courts);  paragraph  added  at  end,  1951,  80. 

Sect.  39B  added,  1951,  312  (relative  to  counsel  fees  and  certain  other 
expenses  in  probate  courts). 

Sect.  41  revised,  1950,  66  §  3;  amended,  1954,  311  §  3. 

Sect.  42,  sentence  added  at  end,  1952,  184  §  2.    (See  1952,  184  §  4.) 

Sect.  44,  last  sentence  revised,  1941,  323  §  1;  section  amended,  1943, 
91.    (See  1941,  323  §  2.) 

Sect.  58  revised,  1947,  449  §  4.    (See  1947,  449  §  7.) 

Sect.  61  repealed,  1939,  65  §  1.    (See  1939,  65  §  2.) 


1016  Changes  in  the  [Chap.  217. 

Sect.  62,  paragraph  in  lines  11-16  revised,  1950,  108  §  1;  paragraph 
in  lines  17-20  revised,  1932,  107;  1936,  241;  paragraph  in  Unes  26-28 
revised,  1951,514;  paragraph  in  lines  29-33  revised,  1934,24;  paragraph 
in  lines  34-37  amended,  1934,  54;  same  paragraph  revised,  1934,  175 
§  1;  1949,  444;  paragraph  in  Hnes  38-42  revised,  1950,  416;  paragraph 
in  lines  45-51  revised,  1935,  132;  paragraph  in  lines  56  and  57  revised, 
1933,  274.    (See  1934,  175  §  2;   1950,  108  §  2.) 


Chapter  217.  — Judges  and  Registers  of  Probate  and  Insolvency. 

For  legislation  relative  to  abolition  of  office  of  special  judge  of  pro- 
bate and  insolvency  on  the  death,  resignation  or  removal  of  the  incum- 
bent, see  1937,  408  §  8. 

For  legislation  providing  special  retirement  rights  for  the  judges  of 
probate  for  the  counties  of  Dukes  and  Nantucket,  see  1951,  760. 

Sect.  1  amended,  1935,  434  §  1;   revised,  1949,  716  §  1,  738  §  1. 

Sect.  2  amended,  1934,  290;  1935,  434  §  2;  first  sentence  revised, 
1949,  716  §  2,  717,  738  §  2. 

Sect.  3,  sentence  added  at  end,  1949,  436  §  1;  revised,  1951,  517. 

Sects.  5  and  6  stricken  out  and  new  sections  5,  5A,  6,  6A  inserted, 
1937,  408  §  3.    (See  1937,  408  §  9.) 

Sect.  7,  sentence  added  at  end,  1937,  408  §  4.    (See  1937,  408  §§  3,  9.) 

Sect.  8  revised,  1937,  408  §  5.    (See  1937,  408  §  9.) 

Sect.  15A  added,  1952,  184  §  3  (relative  to  printing  or  typing  names 
of  persons  whose  signatures  appear  on  certain  instruments  filed  in 
probate  courts).     (See  1952,  184  §  4.) 

Sect.  19  amended,  1948,  354  §  1;   1954,  529  §  2. 

Sect.  24  amended,  1943,  464  §  1.    (See  1943,  464  §  2.) 

Sect.  24A  revised,  1939,  392;   1947,  348. 

Sect.  25  amended,  1947,  347. 

Sect.  25A  added,  1945,  475  §  1  (providing  for  a  permanent  third 
assistant  register  of  probate  for  the  county  of  Essex);  revised,  1946, 
482.    (See  1945,  475  §  2.) 

Sect.  30  revised,  1935,  143  §  1;*  1935,  313  §  1;  1936,  252  §  1;  1941, 
226  §  1;  paragraph  added  at  end,  1951,  611  §  1;  section  revised,  1951, 
700,  793  §  1.     (See  1935,  313  §  3;   1936,  252  §  2;   1941,  226  §  2.) 

Sect.  31  amended,  1951,  793  §  2. 

Sect.  31 A  added,*  1935,  313  §  2  (providing  for  the  appointment  of  a 
messenger  for  the  probate  court  of  Essex  county).    (See  1935,  313  §  3.) 

Sect.  32 A  revised,  1952,  229  §  1. 

Sect.  34  revised,  1937,  408  §  1;  1946,  544  §  4;  1951,  745  §  1.  (See 
1937,  408  §  9;   1946,  544  §  5.) 

Sects.  35A  and  35B  added,  1947,  678  §  2  (establishing  the  salaries  of 
registers  of  probate  and  assistant  registers).    (See  1947,  678  §  3.) 

Sect.  35A  amended,  1949,  714;  revised,  1951,  713  §  1.  (See  1951, 
713  §  3.) 

Sect.  35B  revised,  1951,  713  §  2;  amended,  1953,  564.  (See  1951, 
713  §  3.) 

Sect.  38  repealed,  1937,  408  §  2. 

Sect.  40  revised,  1937,  408  §  6.    (See  1937,  408  §  9.) 

Sect.  41  amended,  1937,  408  §  7;   1941,  503.    (See  1937,  408  §§  8,  9.) 

*  Void  for  non-acceptance. 


Chap.  218.]  GENERAL  LawS.  1017 


Chapter  218.  —  District  Courts. 

For  act  further  extending  to  June  30,  1949,  the  operation  of  certain 
provisions  of  law  (1923,  469,  as  amended)  authorizing  certain  justices 
of  district  courts  to  sit  in  criminal  cases  in  the  superior  court,  see  1948, 
230. 

For  legislation  limiting  the  number  of  special  justices  of  certain  dis- 
trict courts,  see  1941,  664. 

Sect.  1,  first  paragraph  under  caption  "Franklin"  revised,  1932, 
87  §  1;  section  amended,  1939,  451  §  59;  third  paragraph  under  cap- 
tion "Norfolk"  revised,  1949,  590  §  1;  fifth  paragraph  under  caption 
"Suffolk"  revised,  1949,  273  §  1.  (See  1949,  590  §§  2-4;  739;  1951, 
758.) 

Sect.  2A  added,  1951,  325  (providing  for  the  transfer  of  certain  ac- 
tions brought  in  district  courts). 

Sect.  6,  first  paragraph  revised,  1941,  664  §  1;  second  paragraph 
revised,  1945,  611;  section  revised,  1947,  588  §  1;  first  and  second 
paragraphs  revised,  1949,  731;  1951,  762  §  1;  1952,  560;  last  sentence 
of  third  paragraph  stricken  out  and  two  sentences  inserted,  1949,  768; 
third  paragraph  revised,  1950,  575.  (See  1941,  664  §§  2,  3;  1947,  588 
§§  2,  3;   1951,  762  §  4.) 

Sect.  8  revised,  1936,  282  §  1.    (See  1936,  282  §  3.) 

Sect.  9,  sentence  added  at  end,  1934,  217  §  1;  section  revised,  1951, 
604  §  1;  first  sentence  amended,  1952,  156  §  1. 

Sect.  10  amended,  1932,  160  §  1;  1937,  297  §  1;  1938,  193  §  1;  first 
paragraph  amended,  1946,  182;  1947,  335  §  1;  1949,  443;  1950,  444; 
second  paragraph  revised,  1938,  222  §  1;  amended,  1949,  800;  1951, 
541  §  1;  paragraph  added  at  end,  1941,  309  §  1;  another  paragraph 
added  at  end,  1948,  642  §  1.  (See  1937,  297  §  2;  1938,  193  §  2,  222  §  2; 
1947,  335  §  2;   1951,  541  §  2.) 

Sect.  11  revised,  1951,  604  §  2;  first  sentence  amended,  1952,  156 
§2. 

Sect.  13  revised,  1937,  59;  first  paragraph  stricken  out,  1939,  157  §  1. 
(See  1939,  157  §  4.) 

Sect.  15  revised,  1939,  230  §  1,  347  §  1;  first  paragraph  amended, 
1947,  460  §  1.    (See  1939,  230  §  2;   1947,  460  §  2.) 

Sect.  16  revised,  1937,  219  §  3;   1939,  214  §  5. 

Sect.  19  amended,  1934,  387  §  1;  1943,  296  §  1;  sentence  added  at 
end,  1954,  556  §  3;  section  revised,  1954,  616  §  1.  (See  1934,  387  §  5; 
1943,  296  §  6,  437;   1954,  556  §  10,  616  §  5.) 

Sect.  21  amended,  1953,  168. 

Sect.  22  amended,  1937,  310;  first  sentence  revised,  1954,  328  §  1. 
(See  1954,  328  §  4.) 

Sect.  23  amended,  1950,  500  §  1. 

Sect.  26  revised,  1937,  301  §  1;  1938,  365  §  1.  (See  1937,  301  §  2; 
1938,  365  §  2.) 

Sect.  29  amended,  1932,  55. 

Sect.  30  amended,  1941,  194  §  19. 

Sect.  35A  added,  1943,  349  §  1  (providing  that  certain  persons  against 
whom  complaints  are  made  in  district  courts  may  be  given  an  oppor- 
tunity to  be  heard  before  issuance  of  process);  revised,  1945,  293. 
(See  1943,  349  §  2.) 

Sect.  37  amended,  1945,  250  §  1. 


1018  Changes  in  the  [Chap.  218. 

Sect.  38,  second  sentence  revised,  1939,  347  §  2. 

Sect.  40,  fourth  sentence  revised,  1948,  398  §  1. 

Sect.  43  amended,  1939,  347  §  3. 

Sect.  43A,  first  paragraph  amended,  1938,  324;  section  revised,  1941, 
682  §  1;  first  paragraph  amended,  1943,  101.    (See  1941,  682  §§  lA,  2.) 

Sect.  43B  added,  1950,  210  (prescribing  the  use  of  uniform  official 
blanks  in  certain  district  courts). 

Sect.  52,  third  sentence  amended,  1948,  398  §  2;  last  sentence  re- 
vised, 1949,  462. 

Sect.  53,  first  sentence  revised,  1950,  245;  first  paragraph  amended, 
1948,  642  §  2;  paragraph  added  after  the  first  paragraph,  1936,  230. 

Sect.  53 A  added,  1951,  604  §  3  (relative  to  the  appointment  and  sal- 
aries of  temporary  assistant  clerks  in  the  Boston  Municipal  Court). 

Sect.  58  revised,  1936,  282  §  2.    (See  1936,  282  §  3.) 

Sect.  59,  paragraph  added  at  end,  1948,  248  §  1. 

Sect.  62  amended,*  1932,  235  §  1;  revised,*  1932,  247  §  1;  amended, 
1935,  71  §  1;  1937,  298;  revised,  1939,  305;  amended,  1941,  309  §  3, 
348;    1945,  294;    1946,  264  §  1,  300;    1949,  668;    1953,  138  §  1.     (See 

1935,  71  §  2;   1946,  264  §  2;   1953,  138  §  2.) 
Sect.  63  revised,  1935,  341. 

Sect.  65,  last  sentence  stricken  out,  1949,  621. 

Sect.  75  revised,  1946,  609  §  1;   1951,  749  §  1.    (See  1946,  609  §  3.) 

Sect.  75A  added,  1946,  512  §  2  (relative  to  the  compensation  of  clerks 
and  assistant  clerks  of  the  municipal  court  of  the  city  of  Boston);  re- 
vised, 1946,  609  §  2;  1949,  261;  1951,  749  §  2.  (See  1946,  512  §  3; 
609  §  3.) 

Sect.  76  amended,  1932,  269  §  1;  1935,  366  §  1;  1937,  378  §  1;  re- 
vised, 1939,  451  §  60;  amended,  1945,  476  §  1;  1946,  453;  498  §  1; 
revised,  1946,  530,  578;  amended,  1946,  600;  revised,  1947,  576;  1948, 
667  §1;  1949,461  §1;  1951,  768  §  1  A.  (See  1935,366  §3;  1945,  476  §2; 
1948,  667  §§  6,  7;   1949,  461  §  2;   1951,  768  §  3B;   1952,  114  §  1.) 

Sect.  77  revised,  1937,  294;  1948,  667  §  2;  1951,  768  §  1.  (See  1948, 
667  §  5A;   1949,  312  §  2;   1951,  768  §  3B;   1952,  114  §  1.) 

Sect.  77A  added,  1948,  656  §  1  (relative  to  the  salaries  and  retirement 
of  justices  and  clerks  in  the  district  court  of  Springfield,  the  central 
district  court  of  Worcester  and  the  first  and  third  district  courts  of 
eastern  Middlesex) ;  sentence  inserted  after  first  sentence,  1949,  805  §  1; 
amended,  1951,  762  §  2;  revised,  1951,  768  §  2;  amended,  1952,  603  §  1. 
(See  1948,  656  §§  2,  3;  1949,  805  §  3;  1951,  768  §  3B;  1952,  114;  1953, 
298,  380.) 

Sect.  78  revised,  1948,  667  §  3;  sentence  inserted  before  first  sen- 
tence, 1949,  710;   section  amended,  1949,  312  §  1,  805  §  2,  611,  482; 

1951,  762  §  3;  revised,  1951,  768  §  3;  amended,  1952,  603  §  2;   1953, 
453.     (See  1948,  667  §§  6,  7;   1949,  312  §  2,  805  §  3;    1951,  768  §  3B; 

1952,  114  §  1.) 

Sect.  79  amended,  1941,  309  §  2;  revised,  1941,  447  §  2;  amended, 
1943,  136  §  2;  revised,  1948,  667  §  4.  (See  1941,  447  §§  4,  5;  1943, 
136  §  3;  1948,  667  §§  6,  7;  1953,  421.) 

Sect.  80,  sentence  added  at  end,  1935,  366  §  2;  section  amended, 

1936,  229  §  1;  1937,  378  §  2;  revised,  1941,  447  §  3;  amended,  1946, 
498  §  2;  revised,  1948,  667  §  5;  1949,  799;  1951,  768  §  3A.  (See  1935, 

*  Void  for  non-acceptance. 


Chaps.  219-221.]  GENERAL  LaWS.  1019 

366  §  3;    1936,  229  §  2;   1941,  447  §§  4,  5;    1948,  667  §§  6,  7;    1951, 
768  §3B;   1952,  114  §  1.) 

Sect.  80 A  added,  1947,  400  §  2  (relative  to  the  salaries  of  the  secre- 
tary and  assistant  secretary  to  the  justices  of  the  municipal  court  of 
the  city  of  Boston);  revised,  1951,  288  §  1.  (See  1947,  400  §§  3,  4; 
1951,  288  §  2.) 
Sect.  81  revised,  1939,  296  §  1.  (See  1939,  296  §  3.) 
Sect.  82A  added,  1945,  486  §  1  (relative  to  salaries  of  court  officers 
of  the  municipal  court  of  the  city  of  Boston);  revised,  1949,  381;  1951, 
788  §  1.     (See  1945,  486  §  3;    1951,  788  §  2.) 


Chapter  219. — Trial  Justices. 

Chapter  repealed,  1953,  319  §  1.     (See  1953,  319  §§  39,  40.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

Chapter  220.  —  Courts  and  Naturalization. 

Sect.  2  amended,  1953,  319  §  25.    (See  1953,  319  §§  39,  40.) 
Sect.  6  revised,  1947,  449  §  6.     (See  1947,  449  §  7.) 
Sect.  13  amended,  1953,  319  §  26.    (See  1953,  319  §§  39,  40.) 
Sects.  13A  and  13B  added,  1935,  407  §  5  (regulating  procedure  in 

trials  for  contempt  arising  out  of  disobedience  to  decrees  or  process  of 

courts  in  labor  dispute  cases).     (See  1935,  407  §  6;    1937,  436  §  10; 

G.  L.  150A  §  6  (h)  inserted  by  1938,  345  §  2.) 

Sect.  14A  added,  1936,  206  §  1  (relative  to  the  time  within  which 

certain  justices  shall  render  their  decisions).     (See  1936,  206  §  2.) 
Sects.  16  and  17  repealed,  1932,  144  §  3. 
Sect.  19  repealed,  1932,  16. 

Chapter  221.  —  Clerks,  Attorneys  and  Other  Officers  of  Judicial  Courts. 

Sect.  4  amended,  1935,  89  §  1;  1937,  158  §  1;  1943,  336  §  1;  revised, 
1946,  248  §  1.    (See  1935,  89  §  2;   1937,  158  §  2;   1943,  336  §  3.) 

Sect.  5  amended,  1932,  51;  1943,  336  §  2;  fifth  paragraph  revised, 
1951,  228;  sixth  paragraph  revised,  1949,  379;  1950,  324.  (See  1943, 
336  §  3.) 

Sect.  6  amended,  1954,  342  §  1. 

Sect.  6A  added,  1947,  443  (providing  for  the  appointment  of  an 
equity  clerk  of  the  superior  court  for  the  county  of  Middlesex) ;  revised, 
1949,  774  §  3.    (See  1949,  774  §  5.) 

Sect.  6B  added,  1953,  300  (providing  for  the  designation  of  an  as- 
sistant clerk  to  perform  duties  of  equity  clerk  in  the  superior  court 
for  the  county  of  Essex). 

Sect.  12  revised,  1937,  219  §  4;   1939,  214  §  6. 

Sect.  24  revised,  1936,  31  §  3. 

Sect.  25  stricken  out,  1953,  319  §  27.    (See  1953,  319  §§  39,  40.) 

Sect.  27  revised,  1939,  157  §  2.    (See  1939,  157  §  4.) 

Sect.  27A  added,  1939,  157  §  3  (relative  to  the  disposal  of  certain 
obsolete  and  useless  papers  of  courts) ;  revised,  1945,  323  §  1 ;  amended, 
1946,  150;  subdivision  (1)  of  first  paragraph  revised,  1952,  276  §  1. 
(See  1939,  157  §  4;  1945,  323  §  2.) 

Sect.  340  amended,  1947,  601. 


1020  Changes  in  the  [Chap.  221. 

Sect.  35  amended,  1949,  574  §  1. 

Sect.  36  amended,  1945,  157. 

Sect.  36A  added,  1945,  261  (relative  to  educational  requirements 
for  admission  to  the  bar  of  persons  serving  in  the  armed  forces  in  World 
War   II). 

Sect.  43  revised,  1939,  197  §  1. 

Sects.  44A  and  44B  added,  1939,  197  §  2  (prohibiting  employees  and 
other  persons  connected  with  hospitals  from  furnishing  certain  infor- 
mation about  certain  personal  injurv  cases  to  attorneys  at  law). 

Sect.  44A  amended,  1943,  293. 

Sect.  46  revised,  1935,  346  §  1. 

Sects.  46A  and  46B  added,  1935,  346  §  2  (prohibiting  individuals  not 
members  of  the  bar  from  practising  law  or  attempting  so  to  do  and  pro- 
viding a  means  of  restraining  unauthorized  practice  of  law). 

Sect.  46B  amended,  1947,  75. 

Sect.  47  repealed,  1935,  346  §  3. 

Sect.  49  repealed,  1935,  346  §  3. 

Sect.  50  stricken  out,  and  sections  50,  50A,  50B  inserted,  1945,  397 
§  1.    (See  1945,  397  §  3.) 

Sect.  53  amended,  1939,  151;    1954,  385  §  1.     (See  1954,  385  §  2.) 

Sect.  58  amended,  1932,  40  §  1. 

Sect.  60  repealed,  1932,  40  §  2. 

Sect.  63  amended,  1939,  6  §  1.    (See  1939,  6  §§  2,  3.) 

Sect.  68  amended,  1946,  591  §  46 A;  1952,  588. 

Sect.  70  amended  and  paragraph  inserted  after  second  paragraph, 
1954,  172  §  1. 

Sect.  71A  added,  1949,  177  (establishing  the  office  of  assistant  chief 
deputy  sheriff  for  attendance  upon  the  superior  court  in  Suffolk  Countv) . 

Sect.  73  revised,  1935,  182  §  2;  1938,  347  §  2;  1941,  448  §  1;  1945, 
388  §  1;  1946,  427  §  1;  amended,  1946,  593  §  1;  revised,  1949,  718; 
first  sentence  revised,  1951.  792.  (See  1935,  182  §§  5,  6;  1938,  347  §  3; 
1941,  448  §  3;   1945,  388  §  3;   1946,  593  §  2.) 

Sect.  73A  added,  1938,  347  §  2;  amended,  1941,  448  §  2;  repealed, 

1945,  388  §  2.    (See  1938,  347  §  3;   1941,  448  §  3.) 

Sect.  76  revised,  1935,  182  §  3;  first  sentence  stricken  out  and  two 
new  sentences  added,  1939,  258  §  1;  second  and  third  sentences  revised, 
1939,  165  §  2.     (See  1935,  182  §§  5.  6;    1939,  165  §  3,  258  §  2.) 

Sect.  76A  added,  1945,  179  §  1  (providing  for  the  appointment  of 
an  assistant  messenger  of  the  superior  court  in  Suffolk  county). 

Sect.  77  revised,  1951,  120;  amended,  1954,  172  §  2. 

Sect.  80  amended,  1935,  182  §  4;  1954,  172  §  3.    (See  1935,  182  §  6.) 

Sect.  88  amended,  1947,  179. 

Sect.  90A,  last  sentence  revised,  1951,  82. 

Sect.  91  revised,  1947,  469  §  2.    (See  1947,  469  §§  4,  5.) 

Sect.  91A  added,  1947,  469  §  3  (relative  to  establishing  salaries  of 
official  stenographers  and  compensation  of  additional  stenographers 
and  temporary  stenographers  of  the  superior  court  in  the  county  of 
Suffolk).    (See  1947,  469  §§  4,  5.) 

Sect.  93  amended,  1945,  515;  revised,  1951,  559. 

Sect.  94,  first  sentence  amended,  1932,  180  §  39;    section  revised, 

1946,  282  §  2;  amended,  1947,  290  §  2;  revised,  1948,  183  §  2;  fourth 
sentence  revised,  1949,  221;  section  revised,  1949,  774  §  2.  (See  1946, 
262  §§  4,  5;   1949,  774  §  5.) 


Chaps.  222,  223.]  GENERAL   LaWS.  1021 

Sect.  94A  added,  1946,  262  §  3  (relative  to  the  salaries  of  the  clerk 
and  assistant  clerks  of  the  superior  court  for  civil  business  in  the  countj^ 
of  Suffolk);  repealed,  1949,  774  §  4.  (See  1946,  262  §§  4,  5;  1949, 
774  §  5.) 

Chapter  222.  —  Justices  of  the  Peace,  Notaries  Public  and  Commissioners. 

Sect.  8  amended,  1947,  256  §  1. 

Sect.  8A  added,  1952,  184  §  1  (relative  to  printing  or  typing  names 
of  persons  whose  signatures  appear  on  certain  instruments  filed  in 
probate  courts).    (See  1952,  184  §  4.) 

Sect.  11  added,  1953,  191  (relative  to  the  acknowledgment  of  written 
instruments  b}''  persons  serving  in  or  with  the  armed  forces  of  the 
United  States.) 

Chapter  223.  —  Commencement  of  Actions,  Service  of  Process. 

Sect.  2  revised,  1934,  387  §  2;  last  sentence  of  first  paragraph  revised, 
1943,  296  §  2;  1954,  616  §  2.  (See  1934,  387  §  5;  1943,  296  §  6,  437; 
1954,  616  §  5.) 

Sect.  2A  added,  1935,  483  §  1  (providing  for  trial  together  of  two  or 
more  actions  arising  out  of  the  same  motor  vehicle  accident  pending  in 
district  courts).  (See  1935,  483  §§2,  3.)  Section  stricken  out  and  new 
sections  2A-2C  inserted,  1943,  369  §  1  (relative  to  the  trial  and  disposi- 
tion of  certain  actions  and  proceedings  pending  in  different  courts). 
(See  1943,  369  §  2.) 

Sect.  2A  revised,  1952,  460. 

Sect.  2B  amended,  1945,  373  §  1.    (See  1945,  373  §  2.) 

Sect.  8A  added,  1947,  488  §  6  (relative  to  transitory  actions  by  or 
against  subscribers  to  a  reciprocal  or  inter-insurance  exchange). 

Sect.  19A  added,  1947,  488  §  7  (providing  that  actions  by  or  against 
subscribers  to  a  reciprocal  or  inter-insurance  exchange  shall  be  brought 
in  the  name  under  which  the  contracts  are  issued). 

Sect.  24  amended,  1938,  115  §  2. 

Sect.  37,  last  sentence  stricken  out  and  nevv^  paragraph  added  at 
end,  1945,  306  §  1;  same  paragraph  amended,  1948,  308.  (See  1945, 
300  §  2.) 

Sect.  38  amended,  1939,  451  §  61. 

Sect.  39B  added,  1947,  488  §  8  (providing  that,  in  actions  against 
subscribers  of  a  domestic  reciprocal  or  inter-insurance  exchange,  service 
may  be  made  upon  the  attorney  in  fact  if  a  domestic  exchange). 

Sect.  42  amended,  1937,  295  §  1. 

Sect.  42A  added,  1943,  234  §  1  (relative  to  the  amount  for  which 
attachments  may  be  made  on  liquidated  claims).    (See  1943,  234  §  3.) 

Sect.  44A  added,  1937,  295  §  2  (further  regulating  the  attachment  of 
motor  vehicles  on  mesne  process  in  actions  of  contract). 

Sect.  45A,  sentence  added  at  end,  1954,  181. 

Sect.  48  revised,  1937,  308;  amended,  1938,  348  §  1.  (See  1938, 
348  §  2.) 

Sect.  51  revised,  1948,  550  §  43. 

Sect.  62,  sentence  added  at  end,  1947,  105. 

Sect.  65  revised,  1953,  338  §  1.    (See  1953,  338  §  5.) 

Sect.  74  revised,  1943,  298  §  1.     (See  1943,  298  §  10.) 

Sect.  75  revised,  1943,  298  §  2.     (See  1943,  298  §  10.) 


1022  Changes  in  the  [Chaps.  224-229. 

Sect.  76  revised,  1943,  298  §  3.  (See  1943,  298  §  10.) 
Sect.  78  revised,  1943,  298  §  4.  (See  1943,  298  §  10.) 
Sect.  79  revised,  1943,  298  §  5.  (See  1943,  298  §  10.) 
Sect.  80  revised,  1943,  298  §  6.  (See  1943,  298  §  10.) 
Sect.  81  revised,  1943,  298  §  7.  (See  1943,  298  §  10.) 
Sect.  82  revised,  1943,  298  §  8.  (See  1943,  298  §  10.) 
Sect.  83A  added,  1943,  298  §  9  (providing  that  sections  74-83  shall 

not  apply  to  conditional  sales,  notices  of  which  are  recordable  under 

G.  L.  184  §  13).     (See  1943,  298  §  10.) 
Sect.  114  amended,  1938,  325  §  1;  revised,  1943,  234  §  2.    (See  1938, 

325  §  2;   1943,  234  §  3.) 
Sect.  114A  added,  1945,  339  §  1  (relative  to  the  dissolution  of  certain 

real  estate  attachments  by  operation  of  law);    last  sentence  revised, 

1953,  338  §  2.  '  (See  1945,  339  §  2;  1952,  246;   1953,  338  §  5.) 
Sect.  132  revised,  1953,  338  §  3.     (See  1953,  338  §  5.) 


Chapter  224.  —  Arrest  on  Mesne  Process  and  Supplementary  Proceedings 

in  Civil  Actions. 

Sect.  12  amended,  1945,  101  §  1. 

Sect.  16  amended,  1943,  292  §  1.     (See  1943,  292  §  2.) 

Sect.  18,  paragraph  inserted  after  first  paragraph,  1946,  177. 


Chapter  226.  —  Bail. 

Sect.  23  amended,  1945,  101  §  2. 

Chapter  227.  —  Proceedings  against  Absent  Defendants  and  upon   Insuf- 
ficient Service. 

Sect.  1  amended,  1949,  612  §  1. 

Sect.  5A  added,  1949,  612  §  2  (relative  to  the  service  of  process  on 
certain  non-residents  doing  business  in  the  commonwealth). 

Chapter  228.  —  Survival  of  Actions  and  Death  and  Disabilities  of  Parties. 

Sect.  1  revised,  1934,  300  §  1.     (See  1934,  300  §  2.) 
Sect.  5  amended,  1933,  221  §  7;   revised,  1937,  406  §  1;  amended, 
1950,  391.    Affected,  1938,  16.     (See  1933,  221  §  8.) 

Chapter  229.  —  Actions  for  Death  and  Injuries  Resulting  in  Death. 

Sect.  1  revised,  1943,  444  §  1. 

Sect.  2  amended,  1941,  460  §  1,  504  §  1. 

Sect.  3,  first  sentence  revised,  1941,  460  §  2;  section  amended,  1941, 
504  §  2. 

Sect.  5  amended,  1937,  406  §  3;   1941,  504  §  3. 

Sects.  1-5  stricken  out  and  sections  1  and  2  inserted,  1946,  614  §  1. 
(See  1946,  614  §  7.) 

Sect.  1  amended,  1947,  506  §  1;  revised,  1949,  427  §  1.  (See  1947, 
506  §§  3,  3A;   1949,  427  §  11.) 

Sect.  2  revised,  1947,  506  §  lA;  1949,  427  §  2.  (See  1947,  506  §§  3, 
3A;  1949,  427  §  11.) 


Chaps.  230,  231.]  GENERAL   LawS.  1023 

Sects.  2A-2C  added,  1949,  427  §  3  (relative  to  actions  against  cer- 
tain corporations  and  others  for  death  and  injuries  resulting  in  death). 
(See  1949,  427  §  11.) 

Sect.  2C  amended,  1951,  250. 

Sect.  5A  added,  1938,  278  §  1  (to  permit  recovery  in  certain  death 
cases  notwithstanding  that  the  death  of  the  tortfeasor  occurred  before 
that  of  the  person  whose  death  he  caused);  amended,  1946,  614  §  2; 
revised,  1949,  427  §  4.    (See  1938,  278  §  2;  1946,  614  §  7;  1949,  427  §  11.) 

Sect.  6  amended,  1939,  451  §  62;  revised,  1946,  614  §  3;  1947,  506 
§  2;   1949,  427  §  5.    (See  1946,  614  §  7;   1947,  506  §  3,  3A;   1949,  427 

§11.) 

Sects.  6A  and  6B  added,  1943,  444  §  2  (relative  to  the  disposition  of 
money  recovered  in  certain  actions  for  death) . 

Sect.  6A  revised,  1946,  614  §  4;  1949,  427  §  6.  (See  1946,  614  §  7; 
1949,  427  §  11.) 

Sect.  6B  amended,  1946,  614  §  5;  revised,  1949,  427  §  6.  (See  1946, 
614  §  7;   1949,  427  §  11.) 

Sects.  6C-6F  added,  1949,  427  §  7  (relative  to  actions  against  cer- 
tain emplovers  for  death  and  injuries  resulting  in  death).  (See  1949, 
427  §  11.)  ^ 

Sects.  7  and  8  repealed,  1946,  614  §  6.    (See  1946,  614  §  7.) 

Sect.  9  amended,  1941,  504  §  4;  repealed,  1946,  614  §  6.  (See  1946, 
614  §  7.) 

Sect.  10  repealed,  1946,  614  §  6.    (See  1946,  614  §  7.) 

Chapter   230.  —  Actions    By    and    Against    Executors   and    Administrators. 

Sect.  5  amended,  1934,  116. 

Chapter  231.  —  Pleading  and  Practice. 

Sect.  1A  added,  1951,  403  (relative  to  the  commencement  of  actions 
arising  out  of  tort  and  contract). 

Sect.  4A  added,  1943,  350  §  1  (providing  for  the  joinder  of  parties  in 
one  action  in  certain  cases) ;  sentence  inserted  after  first  sentence,  1947, 
408  §  1.    (See  1943,  350  §§  3,  4;   1947,  408  §  2.) 

Sect.  5  amended,  1945,  141  §  2. 

Sect.  6A  added,  1939,  372  §  1  (relative  to  the  recovery  of  certain 
medical  expenses  by  the  husband  of  a  married  woman  or  the  parent  or 
guardian  of  a  minor,  in  actions  to  recover  for  personal  injuries  by  mar- 
ried women  and  minors).    (See  1939,  372  §  2.) 

Sect.  6B  added,  1946,  212  §  1  (providing  for  interest  from  the  date 
of  the  writ  in  certain  civil  actions);  amended,  1951,  244.  (See  1946, 
212  §  3.) 

Sect.  7,  clause  Sixth  revised,  1939,  67  §  1.    (See  1939,  67  §  2.) 

Sect.  30  amended,  1949,  179. 

Sect.  55  amended,  1935,  318  §  6.    (See  1935,  318  §  8.) 

Sect.  59C  added,  under  caption  "speedy  trial  of  certain  actions 
FOR  malpractice,  ERROR  OR  MISTAKE",  1935,  118  §  1  (relative  to  the 
advancement  for  speedy  trial  in  the  superior  court  of  actions  against 
physicians  and  others  for  malpractice,  error  or  mistake).  (See  1935, 
118  §  2.) 

Sect.  59D  added,  1952,  139  (providing  speedy  trials  of  certain  ac- 
tions under  election  laws). 


1024  Changes  in  the  [Chap.  231. 

Sect.  63  amended,  1932,  84  §  1. 

Sect.  69  amended,  1932,  177  §  1;  revised,  1946,  450.  (See  1932, 
177  §  2.) 

Sect.  73  repealed,  1932,  ISO  §  40. 

Sect.  78  repealed,  1932,  180  §  40. 

Sect.  84A  added,  1933,  247  §  1  (relative  to  the  joint  trial  in  the 
superior  court  of  actions  involving  the  same  subject  matter).  (See 
1933,  247  §  2.) 

Sect.  85  revised,  1947,  386  §  1;  1952,  533  §  1.  (See  1947,  386  §  2; 
1952,  533  §  2.) 

Sects.  85B  and  85C  added,  1937,  439  §  1  (relative  to  procedure  in 
certain  actions  to  recover  damages  arising  out  of  motor  vehicle  acci- 
dents and  in  suits  by  judgment  creditors  in  actions  to  reach  and  apply 
the  proceeds  of  motor  vehicle  liability  policies  and  in  actions  to  recover 
on  motor  vehicle  Hability  bonds).    (See  1937,  439  §  2.) 

Sect.  85D  added,  1945,  352  §  1  (providing  that  negligence  of  parent 
or  custodian  shall  not  be  imputed  to  an  infant  because  of  such  parent- 
hood or  custodianship).    (See  1945,  352  §§3,  4.) 

Sect.  91  revised,  1943,  365  §  1.    (See  1943,  365  §  2.) 

Sect.  93  revised,  1943,  360. 

Sect.  94  amended,  1943,  361. 

Sect.  94A  added,  1953,  169  (relative  to  defences  in  actions  for  false 
arrest  or  imprisonment). 

Sect.  96A  added,  1945,  530  §  1  (relative  to  the  filing  of  bills  of  excep- 
tions in  suits  in  equity) ;  repealed,  1947,  361.  (See  1945,  530  §  2;  1946, 
94,  610  §  2;   1947,  97  §  2.) 

Sect.  102A  added,  1934,  387  §  3  (relative  to  the  removal  to  the 
superior  court  of  an  action  of  tort  arising  out  of  the  operation  of  a 
motor  vehicle) ;  amended,  1937,  133  §  1;  revised,  1938,  338  §  1;  first 
paragraph  amended,  1941,  203  §  1;  second  paragraph  amended,  1941, 
203  §2;  section  repealed,  1943,  296  §  3.  (See  1934,  387  §  5;  1937,  133 
§  2;  1938,  338  §  2;  1941,  203  §  3;   1943,  296  §  6.) 

Sect.  102B  added,  1954,  616  §  3  (relative  to  the  removal  to  the  su- 
perior court  of  an  action  of  tort  arising  out  of  the  operation  of  a  motor 
vehicle).    (See  1954,  616  §  5.) 

Sect.  104  amended,  1950,  500  §  2. 

Sect.  107  revised,  1943,  296  §  4.    (See  1943,  296  §  6.) 

Sect.  108,  second  paragraph  revised,  1939,  382;  amended,  1948,  322; 
revised,  1949,  683;  second  sentence  of  third  paragraph  revised,  1933, 
255  §  1.    (See  1933,  255  §  2.) 

Sect.  113,  two  sentences  added  at  end,  1945,  328. 

Sect.  115  amended,  1939,  451  §  63. 

Sect.  125 A  added,  1949,  171  §  1  (relative  to  the  further  report  of 
material  facts  in  equity  and  probate  appeals  when  evidence  is  not 
reported) . 

Sect.  127,  sentence  added  at  end,  1945,  578  §  1.  (See  1945,  578  § 
3.) 

Sect.  128  amended,  1945,  578  §  2.    (See  1945,  578  §  3.) 

Sect.  133  amended,  1933,  300  §  2.    (See  1933,  300  §  4.) 

Sect.  135,  two  paragraphs  inserted  after  first  paragraph,  1941,  187 
§  1.    (See  1941,  187  §  2.) 

Sect.  140A  added,  1932,  130  §  1  (relative  to  the  effect  of  a  settle- 
ment by  agreement  of  an  action  of  tort  growing  out  of  a  motor  vehicle 


Chaps.  231A,  233.]  GENERAL  LawS.  1025 

accident  upon  the  right  of  a  defendant  in  such  action  to  maintain  a 
cross  action);  revised,  1947,  431  §  1.  (See  1947,  431  §  2.) 

Sect.  141  amended,  1932,  130  §  2;  1933,  300  §  3;  1934,  387  §  4; 
1943,  296  §  5,  350  §  2;  1945,  352  §  2;  1946,  212  §  2;  1954,  616  §  4. 
(See  1933,  300  §  4;  1934,  387  §  5:  1943,  296  §  6,  350  §§  3,  4;  1946, 
212  §3;  1954,  616  §5.) 

Sect.  142  amended,  1935,  318  §  7.  (See  1935,  318  §  8.) 

Sect.  145  amended,  1939,  451  §  64;  1953,  104. 

Sect.  147,  Form  8  repealed,  1938,  350  §  2. 

Chapter  23IA.  —  Procedure  for  Declaratory  Judgments. 
New  chapter  inserted,  1945,  582  §  1.      (See  1945,  582  §  5.) 

Chapter  233.  —  Witnesses  and  Evidence. 

Sect.  1  revised,  1945,  250  §  2. 

Sect.  3A  added,  1933,  262  (authorizing  the  commissioner  of  banks 
to  respond  to  summonses  or  subpoenas  by  an  employee  or  other  assist- 
ant in  his  department). 

Sect.  8  amended,  1933,  269  §  3,  376  §  3;   1949,  292. 

Sects.  13A-13D  added,  1937,  210  §  1  (making  uniform  the  law  secur- 
ing the  attendance  of  witnesses  from  without  a  state  in  criminal  pro- 
ceedings).    (See  1937,  210  §  2.) 

Sect.  20,  second  paragraph  revised,  1951,  657  §  3. 

Sect.  21,  paragraph  Second  revised,  1950,  426. 

Sect.  21A  added,  1947,  410  §  1  (making  admissible  evidence  relat- 
ing to  the  reputation  of  a  person  in  a  group  with  whom  he  habitually 
associates).     (See  1947,  410  §  2.) 

Sect.  22  amended,  1932,  97  §  1. 

Sect.  23A  added,  1945,  424  §  1  (relative  to  the  admissibility  in  evi- 
dence of  written  statements  obtained  from  persons  sustaining  personal 
injuries  in  accidents) ;  amended,  1953,  242.    (See  1945,  424  §  2.) 

Sect.  26  amended,  1932,  71  §  1. 

Sect.  29  amended,  1932,  71  §  2. 

Sect.  30  amended,  1932,  71  §  3. 

Sect.  32  amended,  1932,  71  §  4. 

Sect.  33  amended,  1932,  71  §  5. 

Sect.  34  amended,  1932,  71  §  6. 

Sect.  45  amended,  1932,  71  §  7. 

Sect.  46  amended,  1932,  71  §  8. 

Sect.  47  amended,  1932,  71  §  9. 

Sect.  48  amended,  1932,  71  §  10. 

Sect.  49  amended,  1932,  71  §  11. 

Sect.  65  amended,  1941,  363  §  1;  1943,  105  §  1;  revised,  1943,232 
§  1.    (See  1941,  363  §  2;  1943,  105  §  2,  232  §  2.) 

Sect.  75,  sentence  added  at  end,  1943,  190  §  1.     (See  1943,  190  §  2.) 

Sect.  76A  added,  1938,  213  §  1  (relative  to  the  use  of  authenticated 
copies  of  certain  papers  and  documents  filed  with  the  federal  securities 
and  exchange  commission).    (See  1938,  213  §  2.) 

Sect.  76B  added,  1954,  292  (relative  to  the  use  of  printed  copies  of 
schedules  on  file  with  the  interstate  commerce  commission  as  evi- 
dence). 


1026  Changes  in  the  [Chaps.  234-239. 

Sect.  78  revised,  1954,  442  §  1.    (See  1954,  442  §  2.) 

Sect.  79  revised,  1941,  389  §  2;  amended,  1943,  233  §  1;  1946, 
473  §  1;  1948,  74.    (See  1943,  233  §  2;  1946,  473  §  2.) 

Sect.  79 A  added,  1941,  662  §  2  (relative  to  the  use  in  evidence  of 
photographic  and  microphotographic  records  and  copies);  amended, 
1948,  154. 

Sect.  79B  added,  1947,  385  §  1  (making  admissible  in  evidence  in 
civil  cases  certain  publicly  issued  compilations  of  facts  and  statistics). 
(See  1947,  385  §  2.) 

Sect.  79C  added,  1949,  183  §  1  (making  admissible  in  evidence  in 
cases  of  contract  or  tort  for  malpractice  certain  statements  of  recog- 
nized experts  contained  in  certain  publications).     (See  1949,  183  §  2.) 

Sect.  79D  added,  1949,  240  (making  admissible  in  evidence  certain 
copies  of  newspapers  and  documents  made  by  the  photographic  or 
microphotographic  process) . 

Sect.  79E  added,  1952,  120  (relative  to  the  admissibility  in  evidence 
of  business  and  public  records). 

Sect.  79F  added,  1952,  476  (relating  to  proof  of  the  existence  of  a 
public  way). 

Chapter  234.  —  Juries. 

Sect.  1  amended,  1935,  257  §  11;  1936,  25;  revised,  1949,  347  §  1. 
(See  1935,  257  §  12;  1949,  347  §  5.) 

Sect.  1A  added,  1949,  347  §  2  (relative  to  excusing  certain  persons 
from  jury  service).    (See  1949,  347  §  5.) 

Sect.  4,  first  paragraph  revised,  1949,  347  §  3.    (See  1949,  347  §  5.) 

Sect.  11  amended,  1934,  150. 

Sect.  15  repealed,  1936,  161  §  1.    (See  1936,  161  §  3.) 

Sect.  24  amended,  1941,  90. 

Sects.  25  and  26  stricken  out,  and  sections  25,  26,  26A,  26B  inserted, 
1945,  428  §  1  (providing  for  emergency  jurors  and  for  the  waiver  of  a 
full  jury).    (See  1945,  428  §  3.) 

Sect.  25,  third  sentence  amended,  1949,  347  §  4.    (See  1949,  347  §  5.) 

Sect.  29  revised,  1945,  428  §  2.    (See  1945,  428  §  3.) 

Chapter  235.  —  Judgment  and  Execution. 

Sect.  17,  paragraph  added  at  end,  1948,  113. 
Sect.  34,  clause  Second  amended,  1951,  35. 

Chapter  236.  —  Levy  of  Executions  on  Land. 

Sect.  5  revised,  1953,  338  §  4.    (See  1953,  338  §  5.) 

Sect.  18  revised,  1939,  32  §  4.    (See  1939,  32  §  5.) 

Sect.  49A  added,  1953,  455  §  1  (relative  to  the  dissolution  of  cer- 
tain levies  on  execution  on  real  estate  by  operation  of  law).  (See 
1953,  455  §  2.) 

Chapter  239.  —  Summary  Process  for  Possession  of  Land. 

Sect.  1  amended,  1941,  242  §  1;   first  sentence  amended,  1952,  151 
§  1;   1953,  106. 
Sect.  5  revised,  1946.  175  §  1.    (See  1946.  175  §  2.) 


Chaps.  240-252.]  GENERAL  LaWS.  1027 

Sect.  6,  two  sentences  added  at  end,  1952,  151  §  2. 

Sect.  6A  added,  1941,  242  §  2  (relative  to  conditions  of  bonds  in 
actions  of  summary  process  for  recovery  of  possession  of  land  after 
tax  title  foreclosures). 

Sects.  9-13  affected,  1941,700;  1946,43;  1947,78;  1948,2;  1949,87; 
1950,33,301;   1951,30;   1952,25. 

Sect.  9  amended,  1953,  485. 

Chapter  240.  —  Proceedings  for  Settlement  of  Title  to  Land. 

Sect.  14A  added,  1934,  263  §  2  (providing  for  determination  by  the 
land  court  by  declaratory  judgment  as  to  the  validity  and  extent  of 
municipal  zoning  ordinances,  by-laws  and  regulations). 

Chapter  241.  —  Partition  of  Land. 

Sect.  34  revised,  1950,  64  §  2;   1954,  312  §  2. 

Chapter  244.  —  Foreclosure  and  Redemption  of  Mortgages. 

For  legislation  concerning  judicial  determination  of  rights  to  foreclose 
real  estate  mortgages  in  which  soldiers  or  sailors  may  be  interested,  see 
1941,  25;   1943,  57;   1945,  120. 

Sect.  15,  sentence  added  at  end,  1946,  204. 

Sects.  17A-17C  added,  1945,  604  §  1  (relative  to  actions  for  deficien- 
cies on  mortgage  notes  following  foreclosures,  etc.).    (See  1945,  604  §  2.) 

Chapter  246.  —  Trustee  Process. 

Sect.  1  revised,  1938,  303  §  1;  amended,  1943,  17  §  1.  (See  19.38,  303 
§2;  1943,  17  §2.) 

Sect.  28  revised,  1935,  410  §  1;  1941,  338  §  1 ;  amended,  1947,  264  §  1; 
1951,  78.  (See  1935,  410  §§  2,  3;  1941,  338  §  2;  1947,  264  §  2.) 

Sect.  32,  paragraph  Eighth  added  at  end,  1938,  343;  revised,  1950, 
260,  558;  1954,  467. 

Chapter  249.  —  Audita  Querela,  Certiorari,  Mandamus  and  Quo  Warranto. 

Sect.  4  amended,  1943,  374  §  1;  sentence  added  at  end,  1953,  586 
§  1.  (See  1939,  257;  1941,  28,  180;  1943,  374  §§  3,  4;  1953,  586  §  2.) 

Sect.  5  amended,  1938,  202;  1943,  374  §  2;  1949,  176.  (See  1939, 
257;  1941,  28,  180;  1943,  374  §  4.) 

Chapter  250.  —  Writs  of  Error,  Vacating  Judgment,  Writs  of  Review. 

Sect.  16  amended,  1933,  244  §  1.    (See  1933,  244  §  2.) 

Chapter  252.  —  Improvement  of  Low  Land  and  Swamps. 

Sect.  22  revised,  1948,  550  §  44. 

Sect.  24  added,  1948,  391  §  1  (providing  for  the  establishment  of 
greenhead  fly  control  projects);  revised,  1954,  388  §  1.  (See  1948, 
391  §  2;   1954,  388  §  2.) 


1028  Changes  in  the  [Chaps.  254, 255. 


Chapter  254.  —  Liens  on  Buildings  and  Land. 

Sect.  5  amended,  1954,  461  §  2.    (See  1954,  461  §§  3,  4.) 
Sect.  30  added,  1953,  405  §  1  (providing  for  the  recording  of  liens  for 
labor  and  noticesof  contract  by  the  registers  of  deeds). 

Chapter  255.  —  Mortgages,  Conditional  Sales  and  Pledges  of  Personal 
Property,  and  Liens  thereon. 

Sect.  1.  See  1933,  142  (recording  of  federal  crop  loans  to  farmers). 
See  also  1936,  264  subsection  20  (relative  to  trust  receipt  and  pledge 
transactions) . 

Sect.  3  amended,  1935,  86  §  2;  revised,  1948,  550  §  45;  1949,  404  §  4. 

Sects.  7A-7E  added,  1935,  86  §  1  (relative  to  the  mortgaging  of  crops 
and  certain  other  classes  of  personal  property) . 

Sect.  11  revised,  1939,  509  §  1. 

Sect.  12  revised,  1939,  509  §  1;   1943,  410  §  1.    (See  1943,  410  §  2.) 

Sect.  12A  added,  1950,  81  (providing  that  notice  relative  to  finance 
charges  be  printed  in  certain  contracts  of  sale). 

Sect.  13  revised,  1939,  509  §  1;  amended,  1941,  285. 

Sect.  13A  added,  1935,  348  §  1  (regulating  conditional  sales  of  motor 
vehicles);  revised,  1939,  509  §  1.    (See  1935,  348  §  2.) 

Sect.  13B  added,  1935,  396  (relative  to  certain  contracts  of  condi- 
tional sale  of  household  or  personal  effects). 

Sects.  13C  and  13D  added,  1937,  315  (relative  to  contracts  of  con- 
ditional sale  of  household  furniture  or  other  household  or  personal 
effects  except  jewelry). 

Sect.  13C  revised,  1938,  367. 

Sect.  13C  and  13D  stricken  out,  and  new  sections  13C-13G  inserted, 
1939,  509  §  2. 

Sect.  13H  added,  1941,  468  (relative  to  conditional  sales  of  textile  and 
other  machinery,  seats  for  theatres  and  other  places  of  public  assembly, 
and  parts,  accessories,  appliances  and  equipment  therefor). 

Sect.  15  revised,  1948,  550  §  46. 

Sect.  25A  added,  1950,  326  §  9  (relative  to  liens  on  trailer  coaches 
for  certain  charges). 

Sect.  26  amended,  1950,  326  §  10. 

Sect.  27  amended,  1950,  326  §  11. 

Sect.  31  revised,  1950,  326  §  12. 

Sect.  31D  added,  1945,  607  (creating  a  lien  in  favor  of  certain  per- 
sons performing  work  upon,  or  storing  articles  of  clothing  or  household 
goods). 

Sect.  31E  added,  1948,  637  §  12  (creating  a  lien  in  favor  of  certain 
persons  for  proper  charges  due  them  for  landing,  parking,  etc.,  of  air- 
craft).   (See  1948,  637  §§  9,  13.) 

Sect.  35  amended,  1938,  83  §  1.    (See  1938,  83  §  2.) 

Sect.  39A  added,  1954,  585  (providing  for  the  sale  by  garage  owners 
of  certain  motor  vehicles  placed  for  storage  and  not  claimed  within  a 
certain  period). 

Sects.  40-47  added,  1945,  285  (providing  for  the  creation  of  liens 
upon  merchandise  without  the  necessity  of  custody  or  possession  in  the 
lienee). 

Sect.  40  amended,  1946,  514  §  1;  revised,  1947,  273  §  1. 


Chaps.  255A-262.]  GENERAL   LawS.  1029 

Sect.  41,  first  paragraph  amended,  1946,  514  §  2;   section  revised, 
1947,  273  §  2. 
Sect.  42  revised,  1947,  273  §  3;  last  sentence  revised,  1950,  454  §  1. 
Sect.  43  revised,  1947,  273  §  4. 

Sect.  44  revised,  1947,  273  §  5;  amended,  1950,  454  §  2. 
Sect.  45  amended,  1947,  273  §  6. 

Chapter   255A.  —  Trust    Receipts   and    Pledges   without   Possession    in   the 

Pledgee. 

New  chapter  inserted,  1936,  264. 

Sect.  13,  subsection  3  amended,  1951,  445. 

Chapter  258.  —  Claims  against  the  Commonwealth. 

Sect.  3  revised,  1932,  180  §  41;   1951,  518. 

Sect.  4A  added,  1945,  552  (to  prevent  the  running  of  interest  on 
claims  against  the  commonwealth  after  an  offer  of  judgment). 
Sect.  5  repealed,  1943,  566  §  2. 

Chapter  260.  —  Limitation  of  Actions. 

Sect.  2  revised,  1948,  274  §  1.    (See  1948,  274  §  3.) 

Sect.  2A  added,  1948,  274  §  2  (further  hmiting  the  time  within  which 
actions  of  replevin,  and  certain  actions  of  contract  and  tort,  may  be 
commenced).    (See  1948,  274  §  3.) 

Sect.  3A  added,  1943,  566  §  1  (limiting  the  time  within  which  peti- 
tions founded  upon  claims  against  the  commonwealth  may  be  brought). 

Sect.  4  amended,  1933,  318  §  5;  1934,  291  §  4;  1937,  385  §  9;  para- 
graph added  at  end,  1943,  409  §  4.  (See  1933,  318  §  9;  1934,  291  §  6; 
1937,  385  §  10.) 

Sect.  4A  added,  1947,  333  §  1  (limiting  the  time  within  which  certain 
actions  to  recover  back  wages  may  be  commenced).    (See  1947,  333  §  2.) 

Sect.  4B  added,  1949,  531  (relative  to  the  commencement  of  actions 
arising  out  of  motor  vehicle  hit  and  run  accidents,  so  called) ;  amended, 
1954,  107. 

Sect.  10,  sentence  added  at  end,  1937,  406  §  2. 

Chapter  261.  —  Costs  in  Civil  Actions. 

Sect.  4  amended,  1937,  44  §  1.    (See  1937,  44  §  2;  1943,  296  §§  3,  6.) 

Chapter  262.  —  Fees  of  Certain  Officers. 

Sect.  1,  paragraph  6  amended,  1948,  295;  revised,  1949,  129; 
amended,  1951,  40. 

Sect.  2  revised,  1939,  345  §  1;  third  paragraph  amended,  1950, 
119  §  1;  section  revised,  1954,  328  §  2;  paragraph  inserted  after  third 
paragraph,  1954,  556  §  5.  (See  1939,  345  §  3;  1954,  328  §  4,  556  §§  8, 
10.) 

Sect.  4  amended,  1954,  328  §  3;  sixth  paragraph  revised,  195o, 
119  §  2;  1953,  632;  amended,  1954,  582;  seventh  paragraph  amended, 
1937,  188;  seventh  to  tenth  paragraphs  stricken  out,  1939,  345  §  2; 
paragraph  in  lines  30-31  revised,  1954,  624.  (See  1939,  345  §  3;  1954, 
328  §  4.) 


1030  Changes  in  the  [Chap.  263. 

Sect.  5  amended,  1933,  201. 

Sect.  8  revised,  1947,  135;   paragraph  added  at  end,  1954,  556  §  6. 

Sect.  23  amended,  1953,  96. 

Sect.  24  amended,  1953,  89. 

Sect.  25  amended,  1933,  162;  1934,  141;  1945,  236  §  1;  1949,335. 
(See  1945,  236  §  2.) 

Sect.  29  amended,  1949,  697. 

Sect.  32  revised,  1935,  280. 

Sect.  34  amended,  1933,  21;  revised,  1948,  550  §  1;  clauses  (5)- 
(10),  (26),  (37)-(41),  (70),  (71),  (73)  and  (77)  stricken  out,  1949,  297 
§  1;  clauses  (17)-(19)  stricken  out,  1949,  404  §  3;  clause  (21)  revised, 
1952,  32  §  2;  clauses  (47)  and  (48)  revised,  1949,  404  §  1;  clause  (56) 
amended,  1951,  58;  clause  (69)  revised,  1953,  164  §  3;  clause  (79) 
revised,  1949,  404  §  2. 

Sect.  34 A  added,  1938,  380  (authorizing  the  charging  of  certain  fees 
by  city  and  town  clerks  or  registrars  for  the  expense  of  the  examination 
or  copying  by  them  of  records  of  births,  marriages  and  deaths) ;  revised, 
1948,  550  §  47. 

Sect.  36  revised,  1952,  301. 

Sect.  38,  second  paragraph  amended,  1937,  97;  two  paragraphs 
inserted  after  paragraph  in  line  23,  1945,  569  §  2;  section  revised,  1946, 
353  §  1;  second  paragraph  amended,  1951,  179;  paragraph  inserted 
after  third  paragraph,  1950,  539  §  2;  section  revised,  1953,  348  §  1. 

Sect.  39,  paragraph  in  lines  15,  16  amended,  1945,  522;  paragraph 
added  at  end,  1939,  13;  section  revised,  1946,  353  §  2;  1950,  589;  1953, 
348  §  2. 

Sect.  40  revised,  1934,  324  §  1;  paragraph  inserted  after  second 
paragraph,  1951,  657  §  4;  stricken  out,  1954,  556  §  4;  two  paragraphs 
added  at  end,  1954,  562  §  6.     (See  1934,  324  §  2;    1954,  556  §  10.) 

Sect.  44  revised,  1953,  308. 

Sect.  46 A  added,  1938,  232  (to  provide  for  furnishing  without  charge 
copies  of  records  relating  to  soldiers,  sailors  and  marines  in  certain 
cases);  revised,  1943,  484;  1945,  218;  1954,  627  §  34.  (See  1954, 
627  §§  65,  67.) 

Sect.  51  revised,  1951,  605. 

Sect.  53  amended,  1936,  251;  fourth  sentence  revised,  1947,  181; 
amended,  1948,  340. 

Sect.  53  stricken  out  and  new  sections  53  and  53A  inserted,  1949, 
455  (relative  to  the  pajanent  of  witness  fees  to  certain  police  officers  in 
criminal  cases). 

Sect.  53  revised,  1952,  364. 

Sect.  53B  added,  1952,  235  (providing  for  payment  of  witness  fees 
to  state  police  officers);  revised,  1954,  393. 

Chapter  263.  —  Rights  of  Persons  Accused  of  Crime. 

Sect.  4  amended,  1953,  319  §  28.    (See  1953,  319  §§  39,  40.) 

Sect.  4A  added,  1934,  358  (expediting  the  arraignment  of  persons 

charged  with  crimes  not  punishable  by  death  by  permitting  them  to 

waive  indictment  proceedings). 
Sect.  6  amended,  1933,  246  §  1.    (See  1933,  246  §  2.) 
Sect.  8A  amended,  1953,  319  §  29.    (See  1953,  319  §§  39,  40.) 


Chaps.  264-266.]  GENERAL  LawS.  1031 


Chapter  264.  —  Crimes  against  Governments. 

Sect.  5  revised,  1932,  298;  amended,  1933,  153  §  3;  1934,  56;  re- 
vised, 1941,  117  §  1.    (See  1941,  117  §  2.) 

Sect.  lOA  revised,  1933,  276. 

Sect.  11  revised,  1948,  160  §  1;   1954,  584  §  1. 

Sect.  12  repealed,  1954,  584  §  2. 

Sects.  13-15  added,  1949,  619  (barring  certain  persons  from  the  public 
service  and  requiring  an  oath  of  allegiance  by  certain  public  employees). 

Sect.  13  repealed,  1951,  805  §  1.    (See  1951,  805  §§  6,  7.) 

Sect.  14A  added,  1954,  677  (enabling  cities  and  towns  to  participate 
in  the  United  States  educational  exchange  program.) 

Sect.  15  amended,  1951,  805  §  2.    (See  1951,  805  §§6,  7.) 

Sects.  16-23  added,  1951,  805  §  3  (relative  to  subversive  organiza- 
tions) . 

Sect.  18  amended,  1952,  380. 

Sect.  19  revised,  1954,  584  §  4. 

Sect.  21  revised,  1954,  584  §  3. 

Sect.  23  revised,  1954,  584  §  5. 

Chapter  265.  —  Crimes  against  the  Person. 

Sect.  2  revised,  1951,  203. 

Sect.  13A  added,  1943,  259  §  1  (providing  a  penalty  for  the  crimes  of 
assault  and  assault  and  battery) ;  paragraph  added  at  end,  1945,  230. 
(See  1943,  259  §  2.) 

Sect.  13B  added,  1953,  299  (providing  a  separate  penalty  for  in- 
decent assault  on  a  child). 

Sect.  17  revised,  1943,  250  §  1;  1952,  406  §  1.  (See  1943,  250  §  2; 
1952,  406  §  2.) 

Sect.  25  revised,  1932,  211;   1953,  294. 

Sect.  26  amended,  1934,  1.  * 

Chapter  266.  —  Crimes  against  Property. 

Sect.  1  revised,  1932,  192  §  1;  amended,  1948,  43  §  1. 

Sect.  2  revised,  1932,  192  §  2;  amended,  1948,  43  §  2. 

Sects.  3  and  4  repealed,  1932,  192  §  3. 

Sect.  5  revised,  1932,  192  §  4. 

Sect.  5A  added,  1932,  192  §  5  (defining  and  providing  penalties  for 
attempts  to  commit  arson). 

Sect.  6  repealed,  1932,  192  §  3. 

Sect.  8  revised,  1932,  192  §  6;  1948,  370  §  1. 

Sect.  10  revised,  1932,  192  §  7. 

Sect.  16  revised,  1943,  343  §  1.    (See  1943,  343  §  2.) 

Sect.  16A  added,  1945,  229  (providing  a  penalty  for  breaking  and 
entering  a  building,  ship  or  vessel  with  intent  to  commit  a  misdemeanor). 

Sect.  22  amended,  1935,  365;  revised,  1950,  30. 

Sect.  25  amended,  1943,  518  §  1.    (See  1943,  518  §  2.) 

Sect.  26  repealed,  1945,  282  §  1.    (See  1945,  282  §  5.) 

Sect.  30  revised,  1945,  282  §  2.    (See  1945,  282  §  5.) 

Sect.  33  revised,  1945,  282  §  3.    (See  1945,  282  §  5.) 

Sect.  36  repealed,  1945,  282  §  1.    (See  1945,  282  §  5.) 


1032  Changes  in  the  [Chaps.  268,  269. 

Sect.  37  revised,  1937,  99. 

Sects.  44-46  repealed,  1945,  282  §  1.    (See  1945,  282  §  5.) 

Sect.  47  amended,  1945,  282  §  4.    (See  1945,  282  §  5.) 

Sect.  52  amended,  1934,  270  §  3. 

Sect  54.    See  1933  59  §  3. 

Sect.  70  amended,  1933,  245  §4;  1939,  144  §2;  1941,  217  §3;  1946. 
209  §  3;  409  §  4;  revised,  1947,  468  §  4;  amended,  1948,  445  §  2;  1949, 
118  §  4;  revised,  1950,  27  §  3;  amended,  1950,  240,  354  §  3,  492  §  3. 

Sect.  71A  added,  1950,  718  (prohibiting  the  unauthorized  use  of 
names  or  imitations  thereof  of  certain  organizations). 

Sects.  75A  and  75B  added,  1932,  11  (penahzing  the  fraudulent  opera- 
tion of  slot  machines,  coin-box  telephones  and  other  coin  receptacles, 
and  the  manufacture  and  sale  of  devices  intended  to  be  used  in  such 
operation);  revised,  1954,  145. 

Sect.  89  revised,  1943,  549  §  7. 

Sect.  91A  added,  1953,  250  (further  regulating  advertising  relative 
to  the  sale  or  offering  for  sale  of  mechandise,  commodities  or  service). 

Sect.  94  amended,  1939,  451  §  65. 

Sect.  116A  added,  1935,  116  (providing  for  the  protection  of  wild 
azaleas,  wild  orchids  and  cardinal  flowers). 

Sect.  119  revised,  1948,  660  §  25;  amended,  1949,  761  §  14.  (See 
1948,  660  §  26.) 

Sect.  123  revised,  1941,  344  §  27. 

Chapter  268.  —  Crimes  against  Public  Justice. 

Sect.  1A  amended,  1947,  106. 

Sect.  13A  added,  1950,  109  (prohibiting  the  picketing  of  courts  and 
certain  other  places) . 

Sect.  14A  added,  1936,  168  (imposing  a  penalty  for  depriving  em- 
ployees of  their  employment  because  of  jury  service). 

Sect.  16  revised,  1934,  344;  last  sentence  stricken  out,  1941,  344  §  28; 
section  amended,  1943,  19  §  1. 

Sect.  16 A  added,  1943,  19  §  2  (relative  to  the  penalty  for  escapes  or 
attempted  escapes  from  the  reformatory,  for  women) . 

Sect.  26  amended,  1934,  328  §  24. 

Sect.  27  amended,  1934,  328  §  25. 

Sect.  29  amended,  1934,  328  §  26. 

Sect.  33  amended,  1935,  440  §  44;   1941,  71;   1945,  400  §  7. 

Chapter  269.  —  Crimes  against  Public  Peace. 

Sect.  10  amended,  1935,  290;  1936,  227  §  1;  1937,  250  §  1.  (See 
1936,  227  §  2;   1937,  250  §  2.) 

Sect.  lOB  added,  1934,  359  §  2  (further  regulating  the  sale,  rental 
and  leasing  of  rifles  and  shotguns) . 

Sects.  IIA-IID  added,  under  caption  "tampering  with  identify- 
ing numbers  of  certain  firearms",  1937,  199  (relative  to  certain 
firearms,  the  serial  or  identification  numbers  of  which  have  been  re- 
moved, defaced,  altered,  obliterated  or  mutilated). 

Sect.  12  revised,  1951,  219;   1952,  286. 

Sects  12A  and  12B  added,  1951,  263  (regulating  the  sale  and  use  of 
air  rifles  or  so-called  BB  guns). 


Chaps.  270-272.]  GENERAL   LawS.  1033 

Sect.  12C  added,  1951,  296  (prohibiting  the  sale  or  possession  of  cer- 
tain knives  having  a  spring  release) . 


Chapter  270.  —  Crimes  against  Public  Health. 

Sect.  2,  first  sentence  amended,  1949,  658. 

Sect.  2B  added,  1946,  517  §  1  (regulating  the  labelling  of  preparations 
containing  DDT  and  certain  other  preparations  dangerous  to  public 
health). 

Sect.  3  A  added,  1951,  444  (relative  to  the  placing  of  poison  or  poisoned 
food  for  the  control  of  rats,  mice  or  other  rodents). 

Sect.  5  amended,  1934,  328  §  27. 

Sect.  16  added,  1949,  416  (imposing  a  penalty  on  persons  who  dis- 
pose of  garbage  or  refuse  on  highways  or  private  property  without 
permission). 


Chapter  271.  —  Crimes  against  Public  Policy. 

Sect.  1A  added,  1948,  299  (providing  that,  for  the  purpose  of  the 
enforcement  of  laws  relative  to  gaming  and  certain  other  crimes  the 
words  "house",  "building"  and  "place"  shall  include  certain  ships 
and  vessels) . 

Sect.  5A  added,  1951,  483  (prohibiting  the  manufacture,  sale,  trans- 
portation or  use  of  certain  slot  machines  as  gambling  devices). 

Sect.  6A  added,  1938,  144  (making  certain  endless  chain  transactions 
subject  to  the  laws  relative  to  lotteries). 

Sect.  6B  added,  1953,  243  (making  the  game  commonly  known  as 
skilo,  and  similar  games,  subject  to  the  laws  relative  to  lotteries). 

Sect.  22A  revised,  1934,  371;  paragraphs  added  at  end,  1936,  222, 
283;  section  revised,  1943,  267. 

Sect.  23  amended,  1934,  235  §  3,  303  §  1;  1953,  319  §  30.  (See  1953, 
319  §§  39,  40.) 

Sects.  31,  33,  34  affected  by  1935,  454  §  8,  471  §  2. 

Sect.  39A  added,  1947,  405  (imposing  a  penalty  on  persons  who  offer 
or  accept  bribes  in  certain  athletic  contests  and  sporting  events). 

Sect.  40  revised,  1954,  323. 

Sect.  43  added,  1941,  630  §  4  (imposing  a  penalty  for  the  misuse  of 
information  relative  to  recipients  of  general  public  assistance,  old  age 
assistance,  aid  to  dependent  children  and  aid  to  the  blind) ;  amended, 
1945,  240  §  3. 

Sect.  44  added,  1950,  166  §  1  (making  certain  settlements  and  re- 
leases obtained  from  injured  persons  confined  in  hospitals  invalid). 
(See  1950,  166  §  2.) 

Sect.  45  added,  1952,  346  (prohibiting  the  charging  of  fees  solely  for 
the  registration  of  prospective  tenants  of  dwellings). 

Sect.  46  added,  1953,  187  (regulating  the  disposal  of  containers  used 
for  refrigerative  purposes);  revised,  1954,  191  §  1.    (See  1954,  191  §  2.) 

Chapter  272.  —  Crimes  against  Chastity,  Morality,  Decency  and  Good  Order. 

Sect.  5  revised,  1948,  137. 
Sect.  25  revised,  1933,  376  §  4. 
Sect.  26  amended,  1939,  451  §  66. 


1034  Changes  in  the  [Chap.  273. 

Sect.  28  amended,  1934,  231;  1943,  239. 

Sect.  28  stricken  out,  and  new  sections  28-28H  (relative  to  obscene 
books  and  other  obscene  matter)  inserted,  1945,  278  §  1.  (See  1945, 
278  §  2.) 

Sect.  28,  sentence  added  at  end,  1948,  328. 

Sect.  43A  added,  1947,  358  (providing  a  penalty  for  smoking  in  public 
conveyances) . 

Sect.  45  amended,  1946,  274;  revised,  1947,  409. 

Sect.  53  revised,  1943,  377. 

Sect.  64  amended,  1951,  119  §  1. 

Sect.  66  amended,  1939,  451  §  67;  1951,  119  §  2. 

Sects.  79A  and  79B  added,  1934,  234  §  1  (relative  to  the  cutting  of 
the  muscles  or  tendons  of  horses'  tails  and  to  the  showing  or  exhibiting 
of  horses  whose  tails  have  been  so  cut  or  have  been  docked).  (See  1934, 
234  §  2.) 

Sect.  79B  revised,  1946,  131. 

Sect.  80  repealed,  1934,  234  §  1.    (See  1934,  234  §  2.) 

Sect.  80C  added,  1945,  272  (penalizing  the  unauthorized  taking  of 
cats,  dogs  or  birds  for  certain  purposes) . 

Sect.  80D  added,  1947,  168  (regulating  the  sale  at  retail  of  certain 
living  baby  chicks,  ducklings  and  other  fowl) . 

Sect.  84  amended,  1951,  34  §  1. 

Sect.  85  repealed,  1951,  34  §  2. 

Sect.  85A  added,  1945,  276  §  1  (relative  to  killing,  etc.,  of  dogs  and 
other  domesticated  animals  and  certain  birds) ;  first  sentence  amended, 
1951,  185. 

Sect.  92A  added,  1933,  117  (preventing  advertisements  tending  to 
discriminate  against  persons  of  any  religious  sect,  creed,  class,  denomi- 
nation or  nationality  by  places  of  public  accommodation,  resort  or 
amusement) ;  second  paragraph  revised,  1953,  437. 

Sect.  97A  added,  1934,  164  (prohibiting  the  use  of  documents  drawn 
to  imitate  judicial  process). 

Sect.  98  amended,  1934,  138;  revised,  1950,  479  §  3. 

Sect.  98A  added,  1938,  155  §  1  (entitling  blind  persons  accompanied 
by  "seeing eye"  dogs,  so  called,  to  certain  accommodations,  advantages, 
etc.). 

Sect.  98B  added,  1941, 170  (to  prevent  discrimination  in  employment 
on  public  works  and  projects  and  in  the  dispensing  of  public  welfare 
because  of  race,  color,  religion  or  nationality). 

Sect.  98C  added,  1943,  223  (penalizing  the  libel  of  groups  of  persons 
because  of  race,  color  or  religion). 

Sect.  103  added,  1936,  417  (prohibiting  marathon  dances,  other 
marathons  or  walkathons,  so  called). 

Chapter  273.  —  Desertion,  Non-support  and  Illegitimacy. 

Sect.  1  amended,  1939,  177  §  1;  first  sentence  revised,  1954,  539. 
(See  1939,  177  §  2.) 

Sect.  2  amended,  1933,  224;  revised,  1943,  87  §  1;  amended,  1953, 
319  §  31.    (See  1943,  87  §  2;  1953,  319  §§  39,  40.) 

Sect.  8,  sentence  added  at  end,  1953,  505. 

Sect.  9  repealed,  1938,  219  §  1. 

Sect.  10  revised,  1938,  219  §  2. 


Chaps.  273A-276.]  GENERAL   LawS.  1035 

Sect.  12A  added,  1954,  232  (providing  for  blood  grouping  tests  to 
aid  in  the  determination  of  paternity) . 
Sect.  14,  sentence  added  at  end,  1943,  13. 
Sect  17  revised   1953   163 
Sects.  20-22.    See  1937,  440  §  2;  1941,  597  §  1,  729  §  2;  1943,  489  §  2. 

Chapter  273A.  —  Uniform  Reciprocal  Enforcement  Act   (former  title,  En- 
forcement of  the  Duty  to  Support  Dependents). 

New  chapter  inserted,  1951,  657  §  1. 

Chapter  stricken  out  and  new  chapter  273A   (with  new  title)   inserted, 

1954,  556  §  1.     (See  1954,  556  §§  7-10.) 

Chapter  274.  —  Felonies,  Accessories  and  Attempts  to  Commit  Crimes. 

Sect.  4  revised,  1943,  488  §  1.    (See  1943,  488  §§  2,  3.) 

Chapter  275.  —  Proceedings  to  prevent  Crimes. 

Sect.  15  repealed,  1932,  180  §  42. 

Chapter  276.  —  Search  Warrants,  Rewards,  Fugitives  from  Justice,  Arrest, 
Examination,  Commitment  and  Bail.  Probation  Officers  and  Board 
of  Probation. 

Sect.  1,  first  paragraph  amended,  1934,  303  §  2;  clause  Sixth 
amended,  1943,  508  §  5;  clause  Eleventh  amended,  1934,  235  §  1; 
clause  Sixteenth  added,  1947,  93. 

Sect.  3  amended,  1934,  340  §  15.    (See  1934,  340  §  18.) 

Sect.  3A  added,  1934,  247  (concerning  the  service  of  search  war- 
rants) . 

Sect.  7  amended,  1934,  235  §  2. 

Sect.  9  amended,  1947,  359. 

Sects,  lOA-lOD  added,  under  caption  "extra-territorial  arrest 
ON  fresh  pursuit",  1937,  208  §  1  (making  uniform  the  law  as  to 
extra-territorial  arrest  on  fresh  pursuit  and  authorizing  this  common- 
wealth to  co-operate  with  other  states  in  connection  therewith).  (See 
1937,  208  §  2.) 

Sects.  11-20  and  caption  "fugitives  from  justice"  stricken  out 
and  new  sections  11-20R  inserted,  under  caption  "procedure  on 
interstate  rendition",  1937,  304  §  1.    (See  1937,  304  §§  2,  3.) 

Sect.  21  amended,  1953,  319  §  32.    (See  1953,  319  §§  39,  40.) 

Sect.  28  amended,  1949,  184. 

Sect.  33A  added,  1945,  205  (providing  that  certain  persons  held  in 
custody  shall  be  permitted  to  communicate  by  telephone  with  relatives 
and  others) ;  amended,  1946,  277. 

Sect.  37A  added,  1932,  180  §  43  (relative  to  the  assignment  of  coun- 
sel to  appear,  on  behalf  of  a  person  accused  of  a  capital  crime,  at  his 
preliminary  examination).  [For  prior  legislation,  see  G.  L.  chapter 
277  §§  48,  49,  repealed  by  1932,  180  §  44.] 

Sect.  52A  added,  1943,  131  (providing  that  persons  held  in  jail  for 
trial  may  be  removed  in  certain  cases  to  a  jail  in  another  county). 

Sect.  57,  first  paragraph  amended,  1953,  319  §  33;  sentence  added 
at  end  of  second  paragraph,  1943,  330;  same  paragraph  revised,  1945, 
235;  paragraph  added  at  end,  1939,  299  §  4.     (See  1953,  319  §§  39,  40.) 


1036  Changes  in  the  [Chap.  277. 

Sect.  83  revised,  1936,  360;  amended,  1937,  186;  revised,  1947, 
566  §  1;  sentence  inserted  before  last  sentence,  1947,  639;  section  re- 
vised, 1949,  783  §  1;  first  paragraph  amended,  1950,  513,  531;  revised, 
1951,  774  §  1;  amended,  1953,  341,  420  §  1;  sentence  inserted  after 
sixth  sentence,  1952,  241;  paragraph  added  at  end,  1951,  774  §  2.  (See 
1949,  783  §§  3,  4;   1951,  774  §  3.) 

Sect.  83A  added,  1941,  677  §  1  (providing  that  certain  district  courts 
may  join  in  the  appointment  of  probation  officers  to  act  exclusively 
in  juvenile  cases  therein);  first  paragraph  amended,  1947,  566  §  2;  re- 
vised, 1947,  655  §  1;  amended,  1951,  563  §  1;  paragraph  added  at  end, 
1951,  563  §  2.    (See  1947,  655  §  3.) 

Sect.  83B  added,  1947,  655  §  2  (providing  for  the  appointment  of 
probation  officers  to  act  exclusively  in  juvenile  cases  in  certain  district 
courts  in  Suffolk  County);  repealed,  1949,  783  §  2.  (See  1947,  655  §  3; 
1949,  783  §  4.) 

Sects.  83C-83F  added,  1948,  640  §  1  (further  regulating  the  com- 
pensation of  certain  probation  officers  of  the  district  courts  in  Suffolk 
county,  other  than  the  municipal  court  of  the  city  of  Boston,  and  of  the 
Boston  juvenile  court) ;  repealed,  1949,  783  §  2.    (See  1949,  783  §  4.) 

Sect.  84  revised,  1937,  219  §  5;   1939,  214  §  7. 

Sect.  85,  sentence  inserted  after  first  sentence,  1950,  145  §  1. 

Sect.  87  amended,  1941,  264  §  2. 

Sect.  89,  sentence  added  at  end,  1934,  217  §  2;  first  paragraph  re- 
vised, 1953,  364;  paragraph  added  at  end,  1941,  477  §  1. 

Sect.  90  amended,  1938,  174  §  3. 

Sect.  94  amended,  1939,  155;  revised,  1939,  296  §  2;  last  sentence 
amended,  1947,  82.    (See  1939,  296  §  3.) 

Sect.  97  revised,  1941,  677  §  2. 

Sect.  98  amended,  1932,  145. 

Sect.  99,  sentence  inserted  after  third  sentence,  1952,  348. 

Sect.  100  amended,  1943,  64;  1953, 319  §34.  (See  1953,  319  §§39, 40.) 

Sect.  101  amended,  1936,  30  §  1.    (See  1936,  30  §  2.) 

Sect.  101 A  added,  1947,  364  §  1  (providing  for  uniform  forms  of  blanks 
and  records  for  use  by  district  court  probation  offices). 

Sect.  102  amended,  1947,  364  §  2. 


Chapter  277.  —  Indictments  and  Proceedings  before  Trial. 

Sect.  1A  added,  1952,  494  (relative  to  completing  investigations 
started  by  grand  juries). 

Sect.  2  amended,  1932,  144  §  6. 

Sects.  48  and  49  repealed,  1932,  180  §  44.  (See  G.  L.  chapter  276 
§  37A,  inserted  by  1932,  180  §  43.) 

Sect.  50  repealed,  1936,  161  §  1.    (See  1936,  161  §  3.) 

Sect.  58A  added,  1943,  311  §  1  (relative  to  the  venue  of  the  crime  of 
buying,  receiving  or  aiding  in  the  concealment  of  stolen  or  embezzled 
property).    (See  1943,  311  §  2.) 

Sect.  58B  added,  1948,  77  §  1  (relative  to  the  venue  of  prosecutions 
for  embezzlement  or  fraudulent  conversion  or  appropriation  by  fiduci- 
aries).   (See  1948,  77  §  2.) 

Sect.  65  amended,  1936,  161  §  2.    (See  1936,  161  §  3.) 

Schedule  of  forms  of  pleadings  at  end  of  chapter  amended,  1934, 
328  §  29. 


Chaps.  278-280.]  GENERAL   LawS.  1037 

Paragraph  entitled  "Accessory  after  the  fact"  amended  by  striking 
out  all  after  word  "punishment"  in  line  5,  1943,  488  §  2.  (See  1943, 
488  §  3.) 

Chapter  278.  —  Trials  and  Proceedings  before  Judgment. 

Sect.  16B  added,  1949,  302  (providing  that  the  general  public  may 
be  excluded  from  the  court  room  during  the  trial  of  any  criminal  pro- 
ceeding in  a  district  court  involving  husband  and  wife). 

Sect.  25  amended,  1937,  311. 

Sects.  28A-28D  added,  1943,  558  §  1  (establishing  in  the  superior 
court  an  appellate  division  for  the  review  of  certain  sentences  in  crimi- 
nal cases).    (See  1943,  558  §  2.) 

Sect.  28A  revised,  1945,  255  §  1.    (See  1945,  255  §  4.) 

Sect.  28B,  first  paragraph  amended,  1945,  255  §  2.  (See  1945,  255 
§4.) 

Sect.  28C  amended,  1945,  255  §  3.    (See  1945,  255  §  4.) 

Sect.  29  revised,  1939,  271  §  1.    (See  1939,  271  §  2.) 

Sect.  30 A  added,  1954,  528  (providing  for  interlocutory  reports  to 
the  superior  judicial  court  in  criminal  cases). 

Sect.  31,  second  sentence  revised,  1953,  384. 

Sect.  33  amended,  1933,  265. 

Sects.  33 A  and  33B  revised,  1954,  187  §  1.    (See  1954,  187  §  2.) 

Sect.  33E  amended,  1939,  341. 

Chapter  279.  —  Judgment  and  Execution. 

Sect.  1  amended,  1934,  205  §  1;  1935,  358  §  1;  first  paragraph 
amended,  1938,  354;  second  paragraph  amended,  1936,  434  §  2;  1939, 
299  §  5.  (See  1934,  205  §  3;  1935,  358  §  2.) 

Sect.  1A  amended,  1934,  205  §  2.  (See  1934,  205  §  3.) 

Sect  2  amended  1949  584. 

Sect!  3A  amended,  1935,  50  §  2,  437  §  2.  (See  1935,  50  §  6,  437  §  8.) 

Sect.  4  revised,  1935,  50  §  3,  437  §  3.  (See  1935,  50  §  6,  437  §  8.) 

Sect.  4A,  sentence  added  at  end,  1950,  145  §  2. 

Sect.  9  amended,  1932,  221  §  2. 

Sect.  11  amended,  1934,  328  §  28. 

Sect.  18  revised,  1947,  516;  1951,  134. 

Sect.  26  revised,  1946,  276. 

Sect.  28  amended,  1946,  275. 

Sect.  30  revised  1951  642. 

Sect!  31  amended,  1953,  319  §  35.  (See  1953,  319  §§  39,  40.) 

Sect.  33  amended,  1952,  90. 

Sect.  37  amended,  1953,  319  §  36.  (See  1953,  319  §§  39,  40.) 

Sect.  43  revised,  1935,  50  §  4,  437  §  4.  (See  1935,  50  §  6,  437  §  8.) 

Sect.  44  revised,  1935,  50  §  5,  437  §  5.  (See  1935,  50  §  6,  437  §  8.) 

Sect.  45  revised,  1935,  437  §  6.  (See  1935,  437  §  8.) 

Sect.  48  revised,  1951,  515. 

Chapter  280.  —  Fines  and  Forfeitures. 

Sect.  2,  last  sentence  stricken  out,  1934,  364  §  2;  sentence  added 
at  end,  1935,  303  §  1;  section  amended,  1953,  319  §  37.  (See  1934, 
364  §  3;  1935,  303  §  2;  1953,  319  §§  39,  40.) 

Sect.  6  revised,  1937,  251  §  1.  (See  1937,  251  §  2.) 

Sect.  16  amended,  1953,  319  §  38.  (See  1953,  319  §§  39,  40.) 


Ci)e  Commontoealtl)  of  ^asmtb\i$m$ 


Office  of  the  Secretary,  Boston,  January  12,  1955. 

I  certify  that  the  acts  and  resolves  contained  in  this  volume  are  true 
copies  of  the  originals  on  file  in  this  department. 

I  further  certify  that  the  table  of  changes  in  general  laws  has  been 
prepared,  and  is  printed  as  an  appendix  to  this  edition  of  the  laws,  by 
direction  of  the  Johit  Committee  on  Rules  of  the  General  Court,  in 
accordance  with  the  provisions  of  General  Laws,  Tercentenary  Edition, 
chapter  3,  section  51,  as  amended  by  Acts  of  1939,  chapter  508,  section  7. 

EDWARD  J.  CRONIN, 

Secretary  of  the  CGmmonwealth. 


INDEX. 


A. 


Chap. 


Section. 


Absent  voting,  "armed  forces  of  the  United  States",  further  defini- 
tion of,  for  purposes  of  .....  . 

counting  of  absentee  ballots  where  voting  machines  are  used, 
relative  to  ........ 

privilege  of,  further  extension  of     . 
Academies  (see  Massachusetts  maritime  academy). 
Accident  and  health  insurance  (see  Insurance,  classes  of  insur- 
ance). 
Accidents,  industrial,  department  of  (see  Industrial  accidents,  de- 
partment of). 
Accounts,  in  general,  entries  in,  admissibility  in  evidence  in  crimi- 
nal proceedings   ........ 

cities  and  towns  of  (see  Municipal  finance). 

director  and  divisions  of  (see  Corporations  and  taxation,  de- 
partment of). 
districts,  of  (see  Districts). 

public  (see  County  finance;    Municipal  finance;   State  finance). 
ACTIONS  CIVIL: 

attachment,  wages,  certain,  of,  further  regulation  of 
bond  premiums,  certain  to  be  taxed  as  costs  in  discretion  of 
court  ......... 

divorce  (see  Probate  courts). 

entry  fees,  certain,  waiver  of  for  destitute  persons,  providing  for 

fees,  certain,  in,  increase  in    . 

hit  and  run  accidents,  commencement  of  actions  arising  out  of 

time  for,  change  in       .  .  .  •         .  •       . 

summary  process,  further  stay  of  judgment  and  execution,  in 
extension  of,  law  relative  to  .... 

torts,  actions  arising  out  of  operation,  control,  etc.,  of  motor 
vehicles,  exclusive  original  jurisdiction  to  district  courts,  of 
See  also  Evidence ;  Practice  in  civil  actions. 
Acton,  town  of  (see  (Jities  and  towns). 
Acts  and  resolves,  number  passed  by  general  court 

veto  by  governor  ......... 

Adams,  town  of  (see  Cities  and  towns). 

Adamski,   Father  Cyprian  Memorial  Highway,  certain  portion  of 

Northeast  Expressway  designated  as      . 
Adjutant  general  (see  Militia). 
ADMINISTRATION  AND  FINANCE,  COMMISSION  ON: 

in  general,  employee,  certain,  of,  civil  service  status  for,  pro- 
viding for  .  .  .  .  .  .  . 

hurricane,  money,  certain,  transfer  of,  to  alleviate  burdens 
imposed  by  .  .  .  .  .  . 

land,  certain,  sale  of  to  town  of  Bolton,  recommendation  for,  by 


102 
101 


442 


467 
181 


582 
328 


107 
264 


616 


159 


1,2 


1-4 


1.  2 
1-5 


Page  813 
Page  813 


453   Item  0441-01 


689 
468 


f  263 
meals,  reimbursement  of  state  officers  and  employees  for  ex-  J  .^o 

penses  incurred  for,  rules  and  votes  for,  establishment  by  |  ggy 

salary  schedules,  permanent,  adjustments  in,  providing  for    .     407 

{  26^ 
for  certain  state  ofiicers  and  employees,  establishment  of,  I  .,„ 

powers  and  duties  as  to     .  .  .  .  .  ■  \  ^oy 

special  commission,  of,  group  insurance,  state  employees,  for, 

investigation  and  study  relative  to,  by  .  .        Resolve       85 

state,  county  and  municipal  employees,  health  and  safety,  in- 
vestigation and  study  relative  to,  by      .  .        Resolve       63 

suggestions  awards  board,  improvement  of  state  efficiency, 
suggestions  by  state  officers  and  employees  relative  to, 
recognition  for,  by        .....  ■ 

tornado,  funds,  certain,  rai.sed  to  alleviate  financial  burdens 
caused  by,  disposition  of,  by 
budget  commissioner,  appropriation  acts,  certain  sections  of, 
furnishing  of  copies  to  state  departments,  etc.,  by 

fiscal  survey  commission,  appointment  to,  of  Resolve 

state  departments,  reorganization  of,  transfer  of  functions  of, 
powers  and  duties  as  to         . 
building  construction,  division  of,  general  construction  in- 
spector, of,  position  of,  civil  service  status  for 


1 

4 
4 
4 
1-4 
6 
6 
6 


.546 
618 


453 
20 


263 


16 


10 


687  Item  0446-01 


471 

1-3 

20 

184 

1-3 

453 

14 

33 

50 

69 

70 

116 

114 

407 

1-4 

453 

9 

687 

9 

453 

13 

263 

6 

1040  Index. 

Chap.  Section. 

ADMINISTRATION     AND     FINANCE,     COMMISSION      ON 

—  Concluded. 
commissioner  of  administration,  assistants,  consultants  and 

office  workers,  employment  of,  by  .  .  .  .     332 

comptroller,  capital  outlay  program  for  commonwealth,  powers 
and  duties  as  to  . 
fiscal  survey  commission,  appointment  to,  of  .        Resolve 

General  Fund,  surplus  account  of,  certain  charges  upon, 
powers  and  duties  as  to         . 

payments,  certain,  by  commonwealth,  agreements  as  to  fees 
for  legal  services  in  connection  with,  filing  of, 
with  ........      Resolves 

public  works,  department  of,  employees,  certain,  of,  accrued 
overtime  pay  for,  powers  and  duties  as  to       .        Resolve 

salary  schedules,  permanent,  adjustments  in,  powers  and 
duties  as  to 

surplus  material,  acquisition  of  from  federal  government,  in- 
curring of  liabilities  in  connection  with,  powers  and  duties 
as  to  ......... 

veteran  services  fund,  transfer  of  money  from  General  Fund 
to,  by  ........  . 

personnel  and  standardization,  division  of,  director,  perma- 
nent positions  and  salary  rates,  schedules  of,  filing  of,  \  453  6 
with,  duties  as  to          .          .          .          .    _      .          .          .   i  687  6 

personnel  system  of  commonwealth,  organization  and  admin- 
istration of,  powers  and  duties  as  to       .  .  .  .     680  1-19 

positions,  certain,  proper  classifications  of  persons  employed 

in,  determination  of,  by        .  .  .  .  .  .     687  12 

temporary  positions,  certain,  act  making  permanent,  powers 

and  duties  as  to  .......     597 

I  263  9 

State    purchasing   agent,    state   printing,    expenditures   for,  I  ^^o  j^n 

approval  by |  g^-.  jq 

surplus  material,  acquisition  of  from  federal  government,  in-  f  453  9 

currlng  of  liabilities  in  connection  with,  by      .  .  .  \  687  9 

Administrative  procedure,  state,  act  establishing       .  .  .     681  1-22 

Administrators  (see  Executors  and  administrators). 

Adoptions  (see  Probate  courts). 

Advertising,  dentists,  by,  restrictions  on        ....  .     408  1-3 

Advisory  board,  department  of  public  welfare,  of  (see  Public  wel- 
fare, department  of). 

Agawam,  town  of  (see  Cities  and  towns). 

Agents  and  brokers,  insurance,  of  (see  Insurance). 

Aging  persons,  care  and  treatment  of,  relative  to  ... 

charitable  homes  for,  persons  in,  payment  of  old  age  assistance  to 
council  for  the  aging,  establishment  of     . 

employment  of,  establishment  of  division  on  the  employment 
of  the  aging  for  purposes  of  ..... 

low  incomes  with,  housing  for,  providing  for     .... 

See  also  Old  age  assistance,  so  called. 
Agricultural  corporations  (see  Corporations). 
AGRICULTURE,  DEPARTMENT  OF: 

in  general,  reorganization  of  .....  . 

Board  of  agriculture,  establishment  of  .... 

commissioner,  payments,  certain,  certification  of,  by     Resolve 
divisions  of: 

livestock   disease   control,   director,   brucellosis,   control   and 

eradication  of,  powers  and  duties  as  to  . 
milk  control,  commission  for,  chairman  of,  salary  of,  relative  to 
soil   conservation   committee,    conservation   district   super- 
visors of,  appointment  of,  relative  to      .  .  .  .     244 

Aid,  state  and  military  (see  Veterans'  benefits). 

See  also  Disabled  persons,  aid  to;   Old  age  assistance,  so  called; 
Public  welfare,  etc. 
Airport  management  board,  state : 

land,  certain,  in  East  Boston  District  of  Boston,  acquisition  of, 

by,  authorized     ........     613 

McHugh,  Mary  F.,  payment  of  sura  of  money  to,  by       Resolve       69 
Airports,  Logan  International  airport,  General  Edward  Lawrence, 

designation  of     .  .  .  .  .  .  .  .361 

employees  of,  reclassification  under  state  retirement  sys- 
tem, of  455  1,  2 


f538 

\598 

521 

537 

1-6 

1-5 

1-3 

578 
667 

1.  2 
1,  2 

674 

674 

50 

1-5 
1 

647 

484 

1-4 

Index. 


1041 


Chap. 
ALCOHOLIC   BEVERAGES: 

manufacturing,  transportation,  storage  and  sale  of: 

excise  tax,  on,  relative  to    .  .  .  .  .  .  .     402 

licenses  for  sale  of,  churches  and  schools  near,  regrulation  on    .     569 

ALCOHOLIC  BEVERAGES  CONTROL  COMMISSION: 

local  licensing  authorities,  actions  of,  appeals  from,  to       .  .     574 

Alcoholism,  commission  on,  abolishment  of,  transfer  of  powers  and 

duties  of,  to  department  of  public  health  .  .     581 

Aldermen,  boards  of,  licensing  powers,  of,  delegation  of  to  city 

clerk,  relative  to  .......      139 

Alewife  fisheries,  time  of  leasing  of,  relative  to     .  .  .     167 

Alford,  town  of  (see  Cities  and  towns). 

Aluminum  mills  (see  Mills). 

American  Gold  Star  Mothers,  national  convention  in  city  of 
Boston,  proper  representation  of  commonwealth  at,  pro- 
viding for  .......        Resolve       36 

American  Legion,  The,   Mashpee  Post  No.  262,  conveyance  of 

certain  land  by  town  of  Mashpee,  to      .  .  .169 

state  convention,  of,  proper  representation  of  commonwealth, 

at,  providing  for  .....        Resolve       31 

American  Veterans  of  World  War  II,  AMVETS,  state  convention 
of,  proper  representation  of  commonwealth  at,  providing 
for     ........        Resolve       83 

Amesbury,  town  of  (see  Cities  and  towns). 

Anderson,    Francis   C,   retirement  contributions  and  retirement 

rights,  of.  relative  to    .  .  .  .  .  .  .     586 

Andover,  Theological  Seminary,  trustees  of,  relative  to  .  .  .19 

town  of  (see  Cities  and  towns). 

Annuity  contracts  (see  Insurance;  classes  of  insurance). 

Appeals,  criminal  cases,  certain,  in,  filing  of  ....     187 

APPELLATE  TAX  BOARD: 

property,  deceased  persons  of,  appraisal  of,  by 

Appropriations,  counties  for  maintenance,  of  certain,  etc. 


state  departments,  boards,  commissions,  institutions,  etc.,  ap- 
propriations for  maintenance,  etc.,  of     . 


Arlington,  town  of  (see  Cities  and  towns). 

Armed  forces  of  United  States  (see  Military  and  naval  service  of 

the  United  States). 
Armistice  Day,  designation  as  Veterans  Day,  of   . 

observance  of  on  Monday  nearest  said  day,  providing  for 
Armories,  conveyance  by  city  of  Boston  to  commonwealth,  of  cer- 
tain lands,  for  purposes  of     .  .  .  .  .  .     617 

Armory  commission,  Concord,  town  of,  armory  in,  installation  of 

shower  room  at,  by      .  .  .  .  .  .  .     362 

Army  and  Navy  Legion  of  Valor,  national  convention  of,  proper 

representationof  commonwealth  at,  providing  for  Resolve       96 
Army  and  Navy  Union,  U.  S.  A.,   national  convention  in  city  of 
Boston,  proper  representation  of  commonwealth,  at,  pro- 
viding for  .......        Resolve         3 

Army  Base,  leasing  of  by  Port  of  Boston  commission     .  .  .     575 

Arrests  (see  Police  officers). 
ART    COMMISSION: 

Justice  Louis  Dembitz  Brandeis,  bust  of,  placing  of  in  state  house 

or  grounds  thereof,  by,  providing  for      .  .        Resolve       94 

Assessment  of  taxes  (see  Taxation,  local  taxes). 
ASSESSORS    OF   TAXES: 

deceased  servicemen,  parents,  of,  further  definition  of  for  real 

estate  tax  abatement  purposes,  as  affecting     .  .  .     245 

hurricane,    damage    caused    by,    abatements   on    property    for 

reasons  of,  granting  of ,  by    .  .  .  .  .  689 

judgments,  payment  of  from  city  or  town  treasuries,  powers  and 

duties  as  to  .  .  .  .  .  .  .46 

Methodist  Church,  district  superintendent  of,  residence  of,  tax 

exemption  for,  relative  to     .  .  .  .  .  .341 

motor  vehicles,  excise  tax  on,  applications  for  abatement  of, 

time  for  filing  of,  with  .  .  .  .  .  .     373 

assessment,  abatement  and  collection  of,  powers  and  duties 

as  to 640 

person  over  seventy  years  of  age,  tax  exemption  for,  granting  of,  by     351 


Section. 


1-3 


1-6 


1-3 


1-3 
1,  2 


1,  2 


572 

1 

542 

603 

1-4 

666 

1,2 

148 

2,  3 

184 

1-3 

197 

1-3 

263 

1-11 

453 

1-17 

687 

1-13 

661 

1,2 

128 

1.2 

1,2 


1,2 


6,  7 


1,  2 
1.2 


1042 


Index. 


Chap. 


ASSESSORS  OF  TAXES  — Concluded. 

school  tax  rates,  determination  of,  by,  relative  to 
tax  rates,  reduction  of,  use  of  currently  available  funds  for,  by, 
providing  for        ....... 

tornado  disaster,  property  affected  by,  abatement  of  taxes  on 
by,  providing  for  ...... 

warehouses,  certain,  personal  property  in,  taxation  of,  powers 
and  duties  as  to  . 
Assignees  (see  Fiduciaries). 

Associations,  certain,  merger  with  street  railway  companies,  of 
Athletic  coaches,  hiring  by  school  committees,  of,  relative  to 
Athol,  town  of  (see  Cities  and  towns). 
Atmospheric  pollution,  control  of,  relative  to      . 
Attachments,  certain,  premiums  for,  plaintiffs  bonds,  recoverable 
as  costs  in  discretion  of  court         .... 

wages,  of,  further  regulation  of        ....  . 

ATTORNEY    GENERAL: 

Brighton  Watertown  Incmerator  authority,  secretary  treasurer 
bond  of,  approval  of,  by        .  .  .  .  . 

funds,  solicitation  of  for  charitable  purposes,  powers  and  duties 
as  to  .  .  .  .  .  . 

housing  authorities,  disposal  of  certain  materials,  by,  approval 
of  deed  or  instrument  for,  by         ...  . 

installment  payment  of  insurance  premiums,  board  for  hearings 

on,  appointment  to,  of 
laws,  newly  enacted,  certain,  furnishing  of  copies  to  law  enforce 
ment  officers,  by,  providing  for      .... 

public  charities,  division  of,  establishment  of,  powers  and  duties 
as  to  ........ 

state  officers  and  employees,  certain,  actions  against,  powers  and 
duties  as  to 
Automotive  engines  or  parts,  certain,  buying,  selling  or  manufac 
turing  of,  licenses  for,  relative  to  . 


460 


43 
356 


459 


576 
220 


672 


181 
467 


523 
559 


116 
464 


654 
529 


326 
392 


Section. 
1.  2 

1.  2 
1-7 


1-5 


B. 

Ballots  (see  Elections). 

BANKING  AND  INSURANCE^  DEPARTMENT  OF: 
bank  and  loan  agencies,  division  of: 

commissioner  of  banks,  credit  unions,  investing  and  depositing 
money  in  co-operative  banks,  by,  powers  and  duties  as  to 
guaranty  funds,  banks,  certain,  of  powers  and  duties  as  to  . 
legal  investments,  certain,  savings  banks,  for,  listing  of,  by 
savings  banks,  temporary  associations  for  training  in  bank- 
ing principles,  formation  of,  by,  power  and  duties  as  to   . 
insurance,  division  of: 

commissioner  of  insurance,  accident  and  health  policies,  cer- 
tain, issuance  of,  powers  and  duties  as  to        . 
installment   payment   of   insurance   premiums,    board   for 

hearings  on,  appointment  to,  of    .  .  . 

insurance  company  employees,  certain,  life  insurance  for, 

payments  relative  to,  approval  by  . 

motor  vehicle  liability  insurance,  certain  persons,  for,  serv- 
ice charges  in  connection  with,  powers  and  duties  as  to   . 
BANKS  AND  BANKING: 

in  general,  stop  payment  orders,  certain,  investigation   and 
study     by     judicial     councU     relative     to,     providing 
for     ........        Resolve 

treasurer,  state,  deposits,  certain,  by,  relative  to   . 
co-operative  banks,  credit  unions,  investments  and  depositing 
of  money,  by,  in,  authorized  ..... 

employees  retirement  association  fund,  of,  contributions  to. 
by  participating  banks,  pertaining  to     . 

fiduciaries,  deposit  by,  of  certain  moneys  in  paid  up  shares 
and  accounts,  of  ...... 

fraternal  benefit  societies,  investments  by,  in         .  .  . 

funds,  certain,  of  commonwealth  and  its  political  sub-divi- 
sions, deposits  of,  in,  authorized    ..... 

guaranty  funds,  of,  relative  to     .  .  .  .  .  . 

medical  service  corporations,  funds  of,  deposits  of,  in,  provid- 
ing for         ........  . 


179 

1,  2 

463 

1.2 

486 

250 


275 

1-5 

464 

75 
274 

46 
135 

179 

1.  2 

109 
309 
311 
312 
277 

1-3 
1.2 

126 
463 

1-6 
1,  2 

276 


1.2 


Index.  1043 

Chap.  Section. 

BANKS    AND    BANKING  —  Concluded. 
co-operative  banks  —  Concluded. 

municipal  trust  funds,  investment  of,  in,  authorized  .       47 

shares,  in,  limitation  on  holdings  of,  pertaining  to  .      108 

Massachusetts  voluntary  associations  and  trusts,  invest- 
ments by  domestic  life  insurance  companies,  in,  relative  to     1 1 1  1,2 
savings  banks,  guaranty  funds,  of,  relative  to          .          .          .     463  1,  2 
legal  investments,  of,  listing  of  by  commissioner  of  banks, 

furnishing  of  copies,  to  .....  .     486 

principles   of    banking,    temporary    associations    for    training 

young  people  in,  formation  of,  by,  authorized  .     250 

University  of  Massachusetts  Building  Association,  bonds  of, 

investments  in,  by,  exemption  from  taxation  for      .  .     436 

Banks  and  loan  agencies,  division  of  (see  Banking  and  insurance, 

department  of). 
Barber  shops,  certificates  of  registration  of,  renewal  fees  for,  in- 
crease in      ........  .     355 

BARNSTABLE  COUNTY: 

airplane,  purchase  and  maintenance  of,  by,  authorized       .  .     536 

appropriation  for  maintenance  of,  etc.     .....     603  1 

district  courts,   of,   probation  officers,  travelling  expenses,  of, 

increase  in  money  expendable  for,  by     .  .  .  .211 

recreational  advantages,  of,  promotion  of,  expenditure  of  money 

for  purposes  of,  by,  relative  to       .  .  .  .  .175  1-3 

retirement  board,  Wetherbee,  Frederick  D.,  employee  of  town 
of    Barnstable,    retirement    allowance    for,    powers   and 
duties  as  to  .......  .     413  1,  2 

Barnstable,  town  of  (see  Cities  and  towns). 

Water  Company,  charter  of,  amendment  of      .  .  .  .     284  1,  2 

Baseball,  playing  of  beyond  hour  of  six  thirty  post  meridian  on 

Lord's  Day,  relative  to  .....  .     132 

Baxter,  John  F.,  acts  as  notary  public,  validated  .  .        Resolve         7 

Bay  Circuit,  Massachusetts  (see  Massachusetts  Bay  circuit). 
Bays  (see  Waters  and  waterways). 

Beaches,  public,  division  of  (see  Public  works,  department  of). 
Beauty  operators  (see  Hairdressers;  operators). 
Bedford,  town  of  (see  Cities  and  towns). 

Bednarz,  Walter  and  Sterling  Burnette  Bridge,  designation  of  cer- 
tain bridge  in  town  of  North  Adams  as  .  .  .     151  1,  2 
Belchertown,  town  of  (see  Cities  and  towns). 
Bellinghana,  town  of  (see  Cities  and  towns). 
Belmont,  town  of  (see  Cities  and  towns). 
BERKSHIRE    COUNTY: 

appropriations  for  maintenance  of,  etc.    .  .  .  .  .  )  5^^  i    o 

building,  certain,  plans  and  specifications  for,  preparation  of, 

jointly  with  city  of  North  Adams,  by     .  .  .  .2  1-3 

Pittsfield,  city  of,  superior  court  building  in,  alterations  and 
additions  to,  preparations  of  plans  and  specifications  for, 

by 5  1-3 

recreational  advantages,  of,  expenditures  of  money  for  purposes  f  210  1-3 

of,  by,  relative  to  .  .  .....  \  517 

Betterment  assessments,  payment  of,  over  twenty  year  period, 

providing  for        ........     286 

Beverages,  alcoholic  (see  Alcoholic  beverages). 

Beverly,  city  of  (see  Cities  and  towns). 

Biennial  elections  (see  Elections). 

Billerica,  town  of  (see  Cities  and  towns). 

Blais,    Hector,    payment    by    commonwealth    of   sum    of    money 

to       .......  .        Resolve       50 

Blind,  division  of  (see  Education,  department  of). 

Blood  grouping  tests,  determination  of  paternity,  for,  providing  for     232 

BOARDS,    LOCAL: 

See  Cities  and  towns. 
BOARDS,    STATE: 

See  Commonwealth,  departments,  boards,  commissions,  etc.,  of, 
also  specific  titles  of  state  departments,  boards,  commis- 
sions, etc. 
Boilers,  inspection  of,  insurance  companies,  by,  relative  to     .  .     266 

Bolton,  town  of  (see  Cities  and  towns). 
Bonds,  bond  premiums,  certain,  to  be  taxed  as  costs  in,  discretion  of 

court  .........     181 

cities  and  towns,  of  (see  Municipal  finance), 
commonwealth  of  (see  State  finance). 
coxxntiea,  of  (see  County  finance). 


1044 


Index. 


Bonds  —  Concluded. 

housing  authorities,  issuance  by,  of,  relative  to  .  .  . 

Massachusetts  Turnpike  Authority,  of,  taxation  of,  relative  to 
Mystic  River  Bridge  Authority,  of,  taxation  of  income  from 
University  of   Massachusetts  Building  Association,  of,  invest- 
ments in,  tax  exemption,  certain,  for      .  .  .  . 

Bonus,  veterans  for  (see  Veterans  Bonus  Commission). 
Boston,  city  of  (see  Cities  and  towns). 

Metropolitan    District,    holders    of    obligations    of,    rights    and 
remedies  of,  establishment  of         ....  . 

Police  Post  No.  1018,  Veterans  of  Foreign  Wars  of  the  United 
States,  Inc.,  conveyance  of  certain  state  land,  to     . 
Bovine  animals  (see  Livestock). 

Boxing  or  sparring  matches,  insurance  for  contestants,  in,  provid- 
ing for         ......... 

Boylston,  town  of  (see  Cities  and  towns). 

water  district,  water  system,  establishment  of,  amount  of  money 
to  be  borrowed  for,  by,  increased  .  .  .  .  . 

Bradford  Durfee  Technical  Institute  of  Fall  River,  teachers, 

certain,  at.  Sabbatical  leave  for,  providing  for 
Braintree,  town  of  (see  Cities  and  towns). 

Brandeis,  Justice  Louis  Dembitz,  bust  of,  placing  of  in   state 
house  or  grounds  thereof       ....        Resolve 

Brault,  Robert  J.,  transfer  from  department  of  conservation  to 

division  of  public  beaches,  of,  providing  for    . 
Brewster,  town  of  (see  Cities  and  towns). 

Bridges,    Burnette,   Sterling  and  Walter  Bednarz   Bridge,   certain 

bridge  in  town  of  Adams  designated  as  ... 

Connecticut  river,  bridge,  certain,  over,  maintenance  by  state 

department  of  public  works,  providing  for 
Erving  Montague  Veterans  Memorial  bridge,  certain  bridge  on 

route  sixty-three  designated  as      . 

Fort  Point  Channel,  certain,  over,  maintenance  without  a  draw,  of 

highway  bridges,  certain,  plans  and  data  relative  to,  transfer 

and  release  to  department  of  public  works,  of,  providing 

for     .......... 

Kingston,  town  of,  Jones  river,  in,  construction  of  bridge  over   . 

Longfellow  bridge,  underpass  and  approaches,  certain,  thereto, 

study  and  survey  by  metropolitan  district  commission, 

of       .......  .        Resolve 

Prison  Point  bridge,  rebuilding,  by  metropolitan  district  com- 
mission, of  ........ 

Revere,  footbridge,  certain,  construction  of  by  state  department 
of  public  works,  maintenance  of,  by        . 
Bridgewater  Ice  and  Coal  Company,  The,  conveyance  by  de- 
partment of  education  of  certain  land,  to         .  .  . 
Brighton  Watertown  Incinerator  Authority,  estabhshment  of  . 
BRISTOL  COUNTY: 

appropriation  for  maintenance  of,  etc.      ..... 

county  jail  and  house  of  correction.  New  Bedford,  in,  certain 
improvements  at,  providing  for     ..... 

Emery  Record  Preserving  Company,  payment  of  sum  of  money 
to,  by  ........  . 

ground  water  supplies,  in,  investigation  and  study  relative  to, 
providing  for        ......        Resolve 

metropolitan  water  system  mains,  extension  of,  to,  study  relative 
to,  providing  for  .....        Resolve 

Nerney,  Olive,  payment  of  sum  of  money  to,  by       .  . 

registry  of  deeds  and  probate  building,  city  of  Taunton,  in 

repairs,  alterations  and  changes  to  making  of,  by    . 
superior  court,  for,  court  officers,  appointment  of,  uniforms  for 
relative  to  ....... 

tuberculosis  hospital,  expenditures  for  maintenance,  etc.,  of 
Brookline,  town  of  (see  Cities  and  towns). 

Brown,  Evelyn  Freeman,  acts  as  notary  public  validated     Resolve 
Brucellosis,  bovine  animals,  in,  control  and  eradication  of.  relative  to 
Budget  commissioner  (see  Administration  and  finance,  commis- 
sion on). 
Buildings,  commonwealth  or  political  subdivisions  thereof,  owned  or 
occupied  by,  compliance  with  certain  provisions  of  law 
relative  to  safety  of  persons  in,  establishment  of  date  for 
dwelling  houses,  minimum  housing  standards  for,  establishment 

of 

violation  of  provisions  of,  penalty  for         .... 
rent  control,  continuation  of,  for  ..... 


Chap. 

507 
354 
543 

436 


Seotion. 
1-4 


535 

416 


177 


236 

188 


94 


16 
555 


206 


547 
523 


603 

520 


652 
55 


54 
380 


53 


172 
542 


24 

647 


153 


1,  2 


1,  2 


301 

1,2 

151 

1.2 

466 

221 

638 

1 

289 
604 

1,2 

1-3 

1,  2 
1-10 

1 

1,  2 


1.2 
1-4 
1-3 

1-4 


209 

1.2 

447 

1.2 

496 

1.2 

170 

1-4 

485 

1,  2 

151 

1,  2 

33 

307 
319 

1-3 

390 
470 

1.  2 
1,  2 

Index.  1045 

Chap.  Section. 

Buildings  —  Concluded. 

industrial  establishments,  free  egress  of  employees  in  case  of  fii-e, 

in,  providing  for  .......     349 

school  (see  Schools). 
See  also  Lodging  houses  and  hotels. 
Burden  of  proof  (see  Evidence). 
Burial  permits,  use  of  name  of  funeral  directors  in  connection  with, 

relative  to  ........     438 

Burke,   Bessie  M.,    Memorial  Hospital  and  Infirmary,   Lawrence 

municipal  hospital  and  infirmary  designated  as 
Burlington  Water  District,  borrowing  of  money  by,  amount  of, 
increased    ......... 

Burnett,  Sterling  and  Walter  Bednarz  Bridge,  certain  bridge  in  town 
of  Adams  designated  as         .....  . 

Burns,    Joseph,    payment   by   commonwealth   of   sum    of   money 
to       .......  .        Resolve 

Buses,  charter  or  special  service,  law  relative  to,  further  exemptions 
from  ......... 

charter  service,  further  definition  of         ....  . 

See  also  Motor  vehicles. 
Business  corporations  (see  Corporations). 

Butcher,  Edwin  C,  reinstatement  in  employ  of  city  of  Worcester 
for  purposes  of  retirement     ...... 

Byfield  Water  District,  water  loan,  additional,  making  of,  by- 
By-laws  (see  Ordinances  and  by-laws). 


c. 

Cabral,    John,    payment    by    commonwealth    of    sum    of    money 

to       .......  .        Resolve       50 

Call  firemen  (see  Fire  departments). 
Cambridge,  city  of  (see  Cities  and  towns). 

Police  Mutual  Aid  Association,  holding  of  additional  real  and 

personal  estate,  by,  authorized       .....     178  1,  2 

Trucking  Company,  revival  of  corporate  powers  of  .  .  .      199 

Candidates  (see  Elections). 
Cape  Cod  Art  Association  Inc.,  leasing  of  certain  premises,  to, 

vahdated 510  1,  2 

Capital  assets,  sale  of,  gain  or  loss  realized  from,  determination  of, 

for  purposes  of  taxation        ......     599  1,  2 

Capital  outlay  program  for  commonwealth,  providing  for  471  1-3 

Capital  stock  (see  Securities). 

Carpet  Club  Associates,  Inc.,  revival  of  corporate  powers  of        .     300 
Carriers,  common,  corporate,  stockholders,  certain,  of,  transporta- 
tion of  certain  school  children  by,  limitation  on        .  .     281 
distinguishing  plates  for,  issuance  of,  fee  for  transfer  of,  fur- 
ther regulation  of          ......  .     553 

maintenance  of  certain  records  by;    fee  for  certain  distin- 
guishing plates  issued  to        .....  . 

notices  of  certain  suspensions  or  revocations,  to,  relative  to    . 
plates,  mutilated  or  illegible,  replacement  of,  relative  to 
interstate,  motor  vehicle  plates,  for,  issuance  of,  further  regula- 
tion on        ........  . 

property,  of,  further  defined  in  law  relative  to  .  .  . 

Cars  (see  Motor  vehicles). 
Cemetery  Corporations: 

Chesterfield  Hill  Cemetery  Association,  property  of,   convey- 
ance to  town  of  Chesterfield,  by    . 
Forestdale  Cemetery,  development  of,  borrowing  of  money  by 
city  of  Maiden,  for       ....... 

Garden  Cemetery,  trustees  of,  abolishment  of,  transfer  of  powers 
and  duties  to  board  of  park  commissioners  of  city  of 
Chelsea       ......... 

Gibbs  Cemetery  Associations,  Inc.,  real  and  personal  property 

of,  transfer  of,  to  town  of  Somerset,  by  .  .  . 

Luther  Henry  Tombyard,  properties  of,  conveyance  to  town  of 

Shutesbury,  of     .......  . 

Nathan  Slade  Cemetery  Association,   Inc.,  real  and  personal 

property  of,  transfer  of,  to  town  of  Somerset,  by 
Palmer  Street  Cemetery  Association,  real  and  personal  property 
of,  transfer  of,  to  town  of  Somerset,  by  ... 

Certificates  of  registration  (see  Licenses  and  permits;    also  spe- 
cific titles). 


440 
293 

288 

481 
87 

3 

1-3 

477 

1,  2 

182 

1.  2 

12 

1-4 

22 

1-4 

12 

1-4 

12 

1-4 

1046  Index. 

Chap.  Section. 

Charitable  homes  for  aged,  certain,  persons  cared  for,  in,  payment 

of  old  age  assistance  to,  relative  to         ...  .     521 

Chanties,  solicitation  of  funds  for,  relative  to        ...  .     559 

Charlton,  town  of  (see  Cities  and  towns). 

Charter  service,  motor  vehicles,  of,  further  definition,  of  .     319  1-3 

Chelsea,  city  of  (see  Cities  and  towns). 

Stadium  Commission,  abolishment  of,  transfer  of  powers  and 

duties  to  board  of  park  commissioners  of  city  of  Chelsea     182  1,  2 

Cherry  Valley  and  Rochdale  Water  District,  powers  and  duties 

of,  relative  to      .......  .     112  1,  2 

Chesterfield,  Hill  Cemetery  Association,  property  of,  conveyance 

of,  to  town  of  Chesterfield,  by       .....         3  1-4 

_  town  of  (see  Cities  and  towns). 
Child  delinquency,  children  awaiting  arraignment  for,  custody  of, 
investigation  and  study  by  Youth  Service  Board,  rela- 
tive to         ......  .        Resolve       86 

prevention  of,  rehabilitation  of,  special  commission  to  investi-  I    ^.o 
gate  and  study,  revived  and  continued  .  .      Resolves  1    f^ 

Children,  adoption  of  (see  Probate  courts). 

care  and  protection  of,  relative  to  .  .  .  .  .  .     646  1-3 

crippled  and  deformed,  Massachusetts  hospital  school  and  hos- 
pital for  state  minor  wards,  admission  to,  of  .  .  .     508  1,  2 
death  benefits  on  lives  of,  restrictions  on  fraternal  benefit  soci- 
eties on  amount  payable  for,  removal  of           .           .           .      103 
delinquent  (see  Child  delinquency), 
elevators,  certain,  employment  of,  relative  to  operating,  cleaning 

or  repairing  of,  prohibition  of         ....  .     240  1-3 

labor  laws,  certain,  pertaining  to,  suspension  of         .  .  .10 

mentally  retarded,  special  classes  for,  relative  to        .  .  .     514  1-6 

training  facilities  for,  investigation  and  study  by  special  com- 
mission, continuation  of,  scope  of,  increased         Resolve     110 
neglect  of,  offenses  and  punishment  for,  relative  to  .  .  .     539 

paternity,  blood  grouping  tests  for  purposes  of  determination, 

of,  providing  for  .......     232 

tax  exemptions,  for  (see  Taxation). 

theatrical  or  public  exhibitions,  employment  or  appearances  in, 

of,  regulation  of  .  .  .  .  .  .  .  .110 

under  sixteen  years  of  age,  employment  on  moving  motor  vehicles, 

of,  prohibited       ........        98 

See  also  Minors. 
Children's  Hospital,  formation  of  alliance  with  Infants  Hospital 
for  purpose  of  maintenance  and  operating  in  common,  a 
medical  center     ........     261  1-4 

Christmas    season,    celebration   of,    appropriation   by   cities   and 

towns,  for  purposes  of,  authorized  ....      149 

Chronic   diseases,   admission   to   Lemuel   Shattuck  Hospital   for, 

relative  to  ........  .     522 

CHURCHES   AND    RELIGIOUS    CORPORATIONS: 

Congregation  Adath  Israel,  conveyance  by  city  of  Boston  of  cer- 
tain land,  to 228  1,  2 

Evangelical  Congregational  Church  of  Oakham,  conveyance  of 

certain  premises,  to      ......  .     377 

First  Parish  Church  of  Westwood,  acts,  deed  and  votes  of,  vali- 
dated and  confirmed    .......     593  1 

First  Parish  in  Bradford,  trustees,  certain,  of,  holding  of  addi- 
tional real  and  personal  estate,  by,  authorized  .  .  8 
First  Parish  of  Westwood,  United  Church,  The,  acts,  deeds  and 

votes  of,  validated  and  confirmed  ....     593  2 

halls,  owned  by,  license  fees,  certain  for,  exemption  from  pay- 
ment of       ........  .     158 

Methodist  Church,  district  superintendent  of,  residence  of,  tax 

exemption  for,  relative  to      .  .  .  .  .  .     341 

CITIES   AND    TOWNS: 
in  general : 

aging  persons,  care  of,  by,  relative  to   .  .  .  .  .     538  6 

assessors  of  taxes  (see  Assessors  of  taxes). 

betterment   assessments,   of,   payment   of   over   twenty   year 

period,  providing  for    .......     286 

bonds  and  notes  (see  Municipal  finance). 

building  projects,  public,  awarding  of  contracts  for,  by,  fur- 
ther regulations  on       ......  .     645  1-5 

buildings,  municipally  owned  or  occupied,    compliance  with 
law  relating  to  safety  of  persons  in,  date  for,  establish- 
ment of       ........  .     153 

charters,  city  (see  City  charters). 


Index. 


CITIES    AND    TOWNS  —  Continued. 
in  general  —  Concluded. 

civil   service,  classification   plans,  of,  for,  powers  and    duties 
as  to  ......... 

see  also  Civil  service  laws. 
clerks  of  (see  City  and  town  clerks). 

co-operative  banks,  deposits  by  city  and  town  officers,  in, 
authorized  ........ 

development  and  industrial  commissions,  establishment  of,  by 
interim  commission  with  powers  and  duties  of,  establish- 
ment of,  by 
dogs,  listing  of,  powers  and  duties  as  to 
employees  of  (see  Municipal  officers  and  employees), 
fire  fighters  (see  Fire  departments), 
forest  wardens,  appointment  of,  in,  relative  to 
green  head  fly  control  projects,  establishment  of,  bj',  further 
regulation  of        ......  . 

gypsy  moth  control  programs,  powers  and  duties  as  to  . 


Chap. 


295 


48 
297 


511 
357 


104 

388 
/148 
1475 


hospital  service  corporations,  non-profit,  contracts  for  certain 

services  of,  by,  relative  to     . 
housing  authorities,  of  (see  Housing  authorities), 
hurricane,  financial  burden  imposed  by,  on,  alleviation  of 
judgments,  payment  of,  procedure  as  to,  by 
Labor  Day,  Christmas  season,  celebration  of,  appropriations 

of  money  for  purposes  of,  by,  authorized 
land,  held  for  playground  purposes,  transfer  of  custody  of,  in 

relative  to  ....... 

licensing  authorities,  of  (see  Licensing  authorities). 

mentally  retarded  children,  special  classes  for,  powers  and 

duties  as  to 
Metropolitan  Transit  Authority  deficiency,  certain,  of,  pay 

ment  of,  by,  relative  to         ....  . 

motels,  licensing  of,  by        . 
moth  superintendent,  local,  poison  ivy,  eradication  of,   by 

relative  to  ....... 

motor  vehicle  driving  education,  evening  courses  to  persons 

under  twenty-five  years  of  age,  providing  for 
planning  boards,   of,   urban  renewal  programs,   powers   and 

duties  as  to 
playgrounds  and  recreation  centers,  use  of  by  adults  or  certain 

children,  relative  to      .....  . 

plumbing,  regulation  of,  by,  relative  to  .  .  . 

poison  ivy,  eradication  of,  in,  relative  to        .  .  . 

police  officers  (see  Police  officers), 
public  welfare,   local   boards,   of   (see   Public  Welfare,  local 

boards,  of), 
public  works,  boards  of,  transfer  of  certain  powers,  by  . 
superintendents  of,  powers  and  duties  of,  relative  to  . 
real  estate,  taxable,  expert  appraisal  of,  amount  to  be  appro- 
priated for,  by,  increased      ...... 

regional  school  districts  of  (see  Districts). 

rent  control,  continuation  of,  in  . 

school  committees  (see  Schools). 

schools  of  (see  Schools). 

sub-contractors,  certain,  payment  of,  by,  method  of,  providing  /  609 

for     .......  ... 

treasurers  (see  City  and  town  treasurers). 

tubercular  patients,  care,  of,  by,  relative  to  ... 

United  States  Educational  Program,  participation  in,  by 

urban  renewal  programs,  powers  and  duties  as  to 

water  rates  and  charges,  liens  for,  by,  relative  to  . 

wells,  certain,  filling  or  covering,  of,  requirement  on  owners 

of,  enforcement  of,  by  ...... 

Zoning  Enabling  Act,  boards  of  appeal,  under,  designation  of 

associate  members  of,  providing  for        .... 
establishment  of,  powers  and  duties  as  to 
cities,  budgets,  of,  laws  relative  to,  investigation  and  study  of, 

providing  for       ......        Resolve 

contracts,  of,  copies  of,  filing  with  city  auditor,  of,  providing  for 
licenses  and  permits,  renewal  of,  city  clerks,  by,  providing  for 
plan  E  city  charters,  election  of  members  of  city  council  and 

school  committee  by  proportional  representation,  under, 

providing   .  . 

tax  rates,  reduction  of,  use  of  certain  funds  for,  relative  to 
wards,  of,  redivisioa  during  current  year,  by,  restriction  as  to 


513 


689 
46 


149 
105 


514 

195 
134 

118 

49 

643 

131 
157 
118 


33 
496 


1047 

Section. 
1.2 

1.2 
1.2 


1.2 

1 

1,2 


1-7 


1-6 

1,2 

1-7 


1.2 


1.2 


645 

1-5 

538 
677 
643 
487 

4,  5.  6 

1.2 
1-3 

213 

551 
368 

1,2 
1-3 

107 
83 
139 

152 

43 

665 

1-4 

1048  Index. 

Chap.  Section. 

CITIES    AND    TOWNS -- Continued. 

towns,  public  aid,  certain,  notice  to  state  department  of  public 

welfare,  of  ........     394 

regional  school  districts,  sale,  leasing  or  licensing  of  school 

buildings,  to,  by,  authorized  .....     214 

selectmen,  of  (see  Selectmen). 

special  town  meetings,  warrants  for,  time  for  holding  of,  rela- 
tive to         . 32 

ways,  public,  sanding  of,  in,  use  of  state  funds  for,  providing 

for 524 

special  provisions  relative  to  particular  cities: 

Beverly,  officials,  certain,  election  of,  by  board  of  aldermen, 

in 602  1 

Boston,  armory  purposes,  conveyance  of  certain  lands  to  com- 
monwealth for,  by        .  .  .  .  .617 

Army  and  Navy  Union,  U.  S.  A.  National  Convention  of, 
in       .......  .        Resolve         3 

auditor,  of,  income  and  taxes,  transfers  of  appropriations, 
powers  and  duties  as  to,  of,  relative  to  .  .  .24 

Back  Bay  area,  certain,  in  development  of,  investigation 
and  study  relative  to  .  .  .  .        Resolve       98 

Back  Street,   defects  on,  want  of  repair  of,  liability  of 

metropolitan  district  commission,  for,  relative  to     .  367 

Brighton  Watertown  Incinerator  authority,  powers  and 
duties  as  to,  of    .  .  .  .  .  .  .  . 

city  planning  board,  powers  and  duties,  certain,  of,  abolish- 
ment of      ........  . 

congregation  Adath  Israel,  conveyance  of  certain  land  to, 
by      .  .       _    .  .  .,         .  .       _  . 

consulate,  land  and  building  thereon,  certain,  use  of,  for,  in, 
authorized  ........ 

Dallas,  James  Paul,  made  eligible  for  membership  in  State- 
Boston  retirement  system     ...... 

East  Boston  district  of,  recreation  areas,  certain,  in,  acquisi- 
tion by  metropolitan  district  commission  of    . 

Federal  National  Linen  Service  Co.,  payment  of  sum  of 
money  to,  by       . 

Fort   Point   Channel,    bridge,    certain,    over,   maintenance 

without  a  draw,  of,  providing  for        .... 

tidewaters,  certain,  of,  acquisition  of,  by  commonwealth 

Forty-second  Infantry  Division  of  the  national  associa- 
tion Rainbow  Division  Veterans,  annual  reunion  of, 
in       .......  .        Resolve 

harbor  line,  certain,  Charlestown  district,  in,  re-establish- 
ment and  extension  of  ...... 

health  department,  dentist  or  dental  hygienists  employed 
by,  certain  service  recognized  as  creditable  service  under 
retirement  systems,  of  ...... 

Housing  Authority,  land,  certain,  transfer  to  metropolitan 
district  commission,  by  .....  . 

laborers,  certain,  pensioning  of,  by   . 

land,  certain,  at  junction  of  Commonwealth  Avenue  and 
Arlington  Street,  certain  building  restrictions  thereon, 
removal  of 418  1,  2 

Massachusetts  General  Hospital,  conveyance  of  certain 
land  to,  by  .  .  .  .  .  .     310 

mayor,  Massachusetts  General  Hospital,  conveyance  of 
certain  land,  to,  powers  and  duties  as  to 

municipal  auditorium,  construction  of,  by,  authorized 

municipal  building,  Franklin  Field,  at,  construction  of,  by, 
authorized  ........ 

municipal  court  of,  clerks  and  assistant  clerks  of,  salaries  of, 
appointment  of  chief  justice  not  to  affect 

National  Customs  Service  Association,  national  convention 
of,  in,  proper  representation  of  commonwealth,  at,  pro- 
viding for  .......        Resolve 

public  improvements,  limitations,  certain,  on,  repeal  of 

public  ways,  limitations,  certain,  on  construction  of,  repeal 
of .  . 

refuse  disposal  incinerator,  construction  by  metropolitan 
district  commission,  of,  in,  relative  to     . 

retirement  system  of  (see  Retirement  systems  and  pensions). 

smoke  nuisances,  abatement  of,  in,  effective  date  of  law 
regulating,  change  in   .  .  .  .  .  .  227 


523 

1-10 

119 

1 

228 

1,  2 

628 

1,  2 

423 

'1.2 

626 

1,  2 

229 

638 
638 

1-3 
1-3 

37 

1-3 

424 
591 

1-3 
1,  2 

458 
420 

1,2 
1-3 

310 
164 

1,2 

168 

1-3 

347 

1.2 

32 
119 

1-4 

119 

1-4 

495 

1-3 

Index. 


CITIES    AND    TOWNS  — Continued. 

special  provisions  relative  to  particular  cities  —  Continued. 
Boston  —  Concluded. 

state  teachers  college,  certain  training  at,  continuation  of. 
by,  providing  for  ...... 

steam  locomotives,  law  regulating  use  of,  in,  effective  date 
of,  change  in        ......  . 

street  traffic,  regulation  of,  in,  relative  to 
survey,  board  of,  functions  formerly  exercised,  by,  abolish- 
ment of       .......  . 

traffic  commission,  removal  of  certain  parked  motor  vehi 
cles,  by,  providing  for        ..... 

transfer  of  certain  powers  and  duties  of  street  commis- 
sioner, to  ......  . 

treasurer,  teachers  retirement  fund,  contributions  to,  powers 

and  duties  as  to 

Yankee  Division  Veterans  Association,  national  convention 

of,  in  .  .  .  .  Resolve 

Youth  Service  Board,  place  of  custody,  maintenance  of,  by 

in,  powers  and  duties  as  to  . 

Cambridge,  land,  certain,  acquired  for  water  supply  purposes 

sale  for  housing  purposes,  by,  authorized 

Prison  Point  bridge,  rebuilding  of,  duties  as  to  . 

Chelsea,  park  commissioners,  board  of,  exercise  of  powers  and 

duties  of  Chelsea  Stadium  Commission  and  trustees  of 

Garden  Cemetery,  by,  authorized  .  .  .  . 

Union  Park,  transfer  to  Chelsea  Housing  Authority,  of,  by  . 
Danvers,  school  department  cafeterias,  female  employees  of, 

retirement  rights  of,  relative  to      . 
Fall  River,  development  and  industrial  commission  for,  ex- 
istence of,  extended      ....... 

land,  certain,  transfer  of  control  from  park  department  to 

school  committee,  of    . 
Lussier,  Armand,  payment  of  sum  of  money  to,  by 
Maplewood  Park,  portion,  certain,  of,  transfer  to  Roman 
Catholic  Bishop  of  Fall  River        .  .  .  .  . 

Fitchburg,  land,  certain,  acquisition  of,  by,  powers  and  duties 
as  to  ......... 

mayor,  city  council,  salaries  of,  relative  to  .  .  . 

Gloucester,  Gloucester  fish  pier,  administration  of,  powers  and 
duties  as  to 
land,  certain,  held  for  playground  purposes,  by,  authorized 
state   fish   pier,    in,    proposed    pier   extension    for,    investi- 
gation and  study  by  department  of  public  works,  rela- 
tive to         ......  .        Resolve 

Lawrence,  evening  classes,  industrial  and  occupational  schools, 

in,  restrictions  in  law  relative  to,  exemption  from,  for 

Haverhill    Street    grade    crossing,    installation    of   manual 

operated  gates  at,  investigation  and  study  relative  to, 

providing  for       ......        Resolve 

land,  certain,  in,  conveyance  to  United  States  of  America, 
by,  relative  to     .......  . 

municipal  hospital  designated  as  Bessie  M.  Burke  Hospital 
and  Infirmary     ........ 

Lowell,   athletic   teams,   expenditures,    certain,   for,    by,    au- 
thorized     ......... 

development  and  industrial  commissions,  membership   of, 

terms  of  members  thereof,  relative  to     . 
land,   certain,   conveyance   by  department   of  natural  re- 
sources, to,  powers  and  duties  as  to        . 
Lynn,  Connolly,  Helen  E.,  payment  of  sum  of  money  to,  by   . 
Maiden,  elective  wards,  of,  relative  to  .  .  .  . 

Forestdale  Cemetery,  borrowing  of  money  for  development 
of,  by  ........  . 

Maiden   Police   Relief  Association,    corporate   powers,   of, 
relative  to  ........ 

Maiden   Stadium   and  Athletic   Field   Commission,   state- 
ments, certain,  filing  of,  by,  with,  relative  to 
public  parking  space,  construction  of,  by,  authorized 
public  works  commission,  establishment  of,  by,  authorized  . 
Melrose,  schoolhouses,  in,  sanitary  conditions  and  safety,  of, 

reports  relative  to,  filing  of  . 
Newton,  political  wards,  of,  increased;    aldermen  and  school 
committee  members,  number  of,  increased 


Chap. 


1049 

Section. 


531 


227 
97 


119 
369 


97 
366 


130 


62 
555 


182 
54 


411 
397 


207 
129 


160 


608 
639 


252 

322 


57 
233 


72 
117 


170 
583 


434 


477 

378 

81 
600 
384 

142 

532 


1-4 
1,2 


1,2 
1,2 


1,2 
1,2 

1.2 

1.2 

1.2 
1.2 

1,2 

1-4 
1-3 

1-3 
1,2 


1,2 

1,2 
1-4 


504 

1-5 

427 

1.2 

500 

1-3 

1,2 


1,2 
1-5 
1-7 

1.2 

1-6 


1050 


Index. 


Chap. 


Section. 


CITIES    AND    TOWJUS  — Continued. 

special  provisions  relative  to  particular  cities  —  Concluded. 

North  Adams,  building,  certain,  plans  and  specifications  for, 

preparation  of,  jointly  with  county  of  Berkshire,  by 

Clarksburg,  town  of,  contract  for  reception  and  disposal  of 

sewage  therefrom,  by,  authorized  .... 

court  and  police  accommodations,  in,  erecting  and  equipping 
building  for  purposes  of,  jointly  with  county  commis- 
sioners of  Berkshire  county  ...... 

police  officers,  certain,  repayment  of  retirement  contribu- 
tions to,  establishment  of  retirement  rights  of,  by   . 
unpaid  bills,  certain,  appropriation  of  money  for  payment 
of,  by,  authorized         ....... 

Northampton,  superintendent  of  schools,  secretary  of  school 
committee,  compensation  of,  fixing  of,  relative  to    . 
unicameral  city  council,  in,  providing  for  .  . 

Pittsfield,  American  Legion,  state  convention  of,  in,  proper  rep- 
resentation of  commonwealth  at,  providing  for       Resolve 
contracts,  certain,  awarding  of,  by,  relative  to  . 
property,  certain,  in  town  of  Washington,  payments  in  lieu 

of  taxes,  on,  by,  relative  to  .     _     .  .  . 

superior  court  building  in,  alterations  and  additions  to,  plan 

and  specifications  for,  relative  to  . 
veterans'  agent  and  director  of  veterans'  services,  oflfice  of, 
placing  under  civil  service  laws,  by,  providing  for   . 
Quincy,  land,  certain,  leasing  of,  by,  authorized     . 
Revere,  city  council,  school  committee,  members  of,  nomi- 
nation of,  by  preliminary  elections;   election  of,  by  ordi- 
nary plurality  voting,  providing  for        .... 

footbridge,  certain,  construction  of,  by  state  department  of 

public  works,  maintenance  of,  by  .  . 

Paul  Revere  Park,  athletic  field,  in,  jurisdiction  and  con- 
trol of,  relative  to         .  .  .  . 

Somerville,  Saxon  Foss  Park,  swimming  pool  at,  designated  as 
William  J.  and  Edward  T.  Latta  Memorial  Swimming 

Pool 

street,  certain,  in,  designation  as  A.  Alfred  Lombardi  Street 

of .  .       . 

Waltham,  grade  crossing,  certain,  in,  abolishment  of,  provid- 
ing for         .  .  .  .  .  . 

sewer  connection,  certain,  for,  authorized 
Woburn,  Narkun,  Z.  Wadsworth,  payment  of  sum  of  money 
to,  by  .  .  ... 

school  committee,  vacancies  in,  filling  of,  by 
Worcester,  Butcher,  Edwin  C,  reinstatement  in  employ  of,  for 
purposes  of  retirement,  by    .  .  . 

second  assistant  city  clerk,  oflfice  of,  life  tenure  to  present 
incumbent  of,  providing  for  .... 

Duffy,  James  F.,  reinstatement  as  member  of  fire  depart 

ment  for  retirement  purposes,  by,  authorized 
Institute  Park,  certain  portion  of,  use  for  fire  station  and 
training  ground,  by,  authorized     .... 

special  provisions  relative  to  particular  towns : 

Acton,  Blanchard  Auditorium,  in,  use  of,  by  Nagog  Regional 
School  District,  authorized  .  .  .  . 

police  force,  placing  under  civil  service  laws,  in 
Adams,  bridge,  certain,  designation  as  Walter  Bednarz  and 

Sterling  Burnette  Bridge,  of,  in     . 
Agawam,  Provost,  George  H.,  made  eligible  for  membership 

in  contributory  retirement  system,  of     . 
Alford,  Southern  Berkshire  Regional  School  District,  proceed 

ings  relative  to  admission  in,  by,  validated 
Amesbury,  fire  department,  permanent  members  of,  forty- 
eight  hour  week  for,  submission  to  voters  of  question 
relative  to  ....... 

Andover,  Hilton,  Henry  L.,  Williams,  George  C,  pajinent 
of  sum  of  money  to,  by  .  .  .  . 

tree  department  and  moth  department,  consolidation  of, 
with  department  of  public  works,  by,  authorized     . 
Arlington,  sewer,  certain,  construction  of,  by  town  of  Win- 
chester, in,  relative  to  .  .  ..         .... 

Spy  Pond,  in,  sanitary  condition  of,  further  investigation  and 
study  relative  to,  providing  for      .  .  .        Resolve 

Athol,  representative  town  government  by  limited  town  meet- 
ings, establishment  of,  in      . 


2 

1-3 

374 

1.2 

571 

1-5 

586 

1-3 

235 

1-4 

86 
123 

1.  2 
1-4 

31 

588 

375 

1-3 

5 

1-3 

82 
154 

1.  2 
1.  2 

140 

1-3 

206 

1-3 

473 

1.  2 

321 
659 


491 
192 


637 
636 


390 
96 


242 
125 


138 
212 


151 
505 


282 


133 
14 

540 
47 

382 


1.  2 

1,  2 
1-3 

1,  2 

1.  2 

1,  2 

1,2 

1.  2 
1,  2 
1,  2 
1.  2 

1,  2 
1.2 
1.  2 
1-3 

1-11 


Index. 


Chap. 


CITIES   AND   TOWNS  —  Continued. 

special  provisions  relative  to  particular  towns  —  Continued 
Barnstable,  Barnstable  Water  Company,  charter  of,  amend- 
ment of       .......  . 

Cape  Cod  Art  Association,  Inc.,  leasing  of  certain  premises 

to,  by,  action  relative  to,  validated 
Kalmus  Park,  transfer  of  control  to  selectmen,  of 
public  works,  board  of,  designation  of  selectmen  as  members 

of,  powers  and  duties  of,  relative  to        .  .  . 

Wetherbee,  Frederick  D.,  employee  of,  creditable  service  for 

retirement  by,  relative  to      . 
Bedford,  brooks,  certain,  in,  dredging  and  improvement  of 

providing  for        ....... 

Belchertown,  Lake  Metacomet,  public  access  to,  powers  and 

duties  as  to 
Bellingham,   superintendent  of  streets,   oflBce   of,  in,  placed 

under  civil  service  laws  ..... 

Belmont,  land,  certain,  in,  acquisition  of,  by  state  department 

of  public  works,  providing  for        .... 
Billerica,  McGuire,  Isabelle  A.,  and  Owen  K.,  reimbursement 

for  certain  taxes  erroneously  assessed  to,  by   . 
public  works,   superintendent  of,   appointment   by  select 

men,  of,  relative  to       .....  . 

transfer  of  money  from  water  main  account  to  filter  and 

pumping  station  account,  by,  authorized 
Bolton,  land,  certain,  in,  sale  of,  to       . 
Boylston,  Boylston  Water  District,  water  system,  borrowing 

of  money  for,  amount  of,  increased 
Braintree,   water  supply,   fluoride   supplementation   of,   sub 

mission  to  voters  of  question,  relative  to 
Brewster,  municipal  advertising,  appropriation  of  money  for 

purposes  of,  by,  authorized  ..... 
Brookline,  land,   certain,   development  for  recreational  pur- 
poses;  sale  or  lease  of  Lowell  playground,  by,  authorized 
Charlton,  mechanical  equipment  and  operators  therefor,  use 

of,  on  private  property  for  certain  purposes,  by,  author- 
ized  .......... 

Chesterfield,  Chesterfield  Hill  Cemetery  Association,  property 

of,  conveyance  of,  by,  to       .....  . 

Clarksburg,  sewage,  of,  contract  with  city  of  North  Adams 

for  disposal  of,  by         . 
Clinton,  sewage  disposal  works,  in,  reconstruction  of,  provid- 
ing for         ......... 

Cohasset,  Straits  Pond,  in,  improvement  of,  investigation  by 

joint  board  relative  to,  continued  .  .        Resolve 

Concord,  armory  in,  installation  of  shower  room  at,  providing 

for     .......... 

hospital  insurance,   employees  of,   for,  payments  for,   by, 

authorized  ........ 

Dedham,  adjourned  annual  town  meeting  of  current  year,  acts 

and  proceedings  at,  validated         .  .  .  .  . 

Dennis,  free  public  library,  in,  maintaining  of,  by,  contribution 

for  purposes  of,  amount  of,  increased     .  .  .  . 

Dover,  Pratt,  Laurence  O.,  conveyance  of  certain  land  to,  by, 

authorized  ........ 

Dunstable,  land,  certain,  in  town  of  Tyngsborough,  purchase 

of,  by  .  .  . 

Edgartown,  land,  certain,  in,  acquisition  by  commonwealth, 

beach  purposes  for,  providing  for  .  .  .  .  . 

Erving,  Erving-Montague  Veterans  Memorial  Bridge,  bridge, 

certain,  designated  as,  in       . 
Fairhaven,  civil  service  laws,  acceptance  of  provisions  of,  by, 

clarification  of     .......  . 

Falmouth,  land,  certain,  held  for  park  purposes,  transfer  of, 
by,  authorized       ....... 

Megansett  district,  at,  use  for  park  purposes,  discon- 
tinuance of,  by,  authorized     .  .  .  .  . 

Framingham,  land,  certain.  Lake  Cochituate,  at,  leasing  of,  for 

recreational  purposes,  by,  authorized      .  .  .  . 

overdraft,  certain,  appropriation  of  money  for  purposes  of 

meeting,  by,  authorized         ...... 

south  metropolitan  sewerage  district,  payment  to  bo  made 

for  admission  to,  by     . 
Granby  Fire  District  Number  Two  in  town  of  South  Hadley, 

inclusion  in,  of    . 


284 


339 
40 


534 
497 


421 


1051 

Section. 
1,  2 


510 
64 

1.2 
1.2 

39 

1-5 

413 

1-3 

579 

1-3 

1.  2 


1-3 


468 

236 

1,  2 

51 

1.2 

42 

1,2 

406 

1-4 

314 

1,2 

3 

1-4 

374 

1,2 

462 

1-4 

49 

362 

1,2 

614 

1,2 

494 

1,2 

166 

1,  2 

77 

1,2 

360 

1-4 

631 

1-4 

221 

28 

1-3 

115 

1-3 

76 

1,2 

260 

1,  2 

234 

1,  2 

456 

1,  2 

498 

1-3 

1052  Index. 

Chap.  Section. 

CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 

Greenfield,  high  school  building,  new,  questions  relative  to, 

submission  to  voters  of,  by,  authorized  .  .  .     236  1,  2 

Hadley,  Hadley  Water  Supply  District,  boundaries  of,  estab- 
lishment of 299  1-4 

Harvard,    payment    by    commonwealth    of    sum    of    money 

to       .......  .        Resolve         2 

Hingham,  chief  of  police,  office  of,  placed  under  civil  service 

laws,  in 433  1,  2 

Hopkinton,  town  meeting  votes,  certain,  submission  to  voters, 

of 660  1,  2 

Hull,  fire  department,  chief  of,  office  of,  placing  under  civil 

service  laws,  of,  providing  for        .  .  .  .  .78  1,2 

Straits  Pond,   in,   improvement  of,   investigation  by  joint 
board  relative  to,  continued  .  .  .        Resolve       49 

Ipswich,  selectmen-executive-secretary  form  of  government, 

establishment  of,  in      .  .  .  .  .  .  .     620  1-41 

town  manager  form  of  government,  establishment  of,  in, 
relative  to  .  .  .  .  .  .  .  .  .84 

Kingston,  .Jones  River,  bridge  over,  construction  of,  in,  pro- 
viding for   ......... 

Lee,  Washington  Mountain  brook  water  shed  area,  construc- 
tion, certain,  on,  by,  use  of  certain  money  for,  authorized 
water  supply,  granting  of  certain  rights  by  department  of 
natural  resources  for  purposes  of,  to        . 

Leicester,  Hillcrest  Sewer  District,  establishment  of,  in 

Lexington,  boundary  line,  certain,  of,  defining  of  . 

brooks,  certain,  in,  dredging  and  improvement  of,  providing 
for      .......... 

inspectors  of  plumbing,  appointment  of,  by  board  of  select- 
men, in,  providing  for  ...... 

representative  town  meetings,  certain  votes  of,  reference 
to  voters  of,  relative  to  .....  . 

Littleton,  Warren,  Russell,  Karplus,  Walter,  payment  of  sura 
of  money  to,  by  . 

Longmeadow,  public  ways,  certain,  in,  laying  out,  alteration, 
relocation  or  discontinuance  of,  action  relative  to,  by, 
validated    .  .  .       _  .  .  . 

Ludlow,  master  in  chancery,   additional,  Hampden  County 
for,  to  be  resident,  of  . 
Wirzbicki,  Joseph  S.,  eligibility  for  appointment  to  reserve 
police  force,  of     . 

Lynnfield,  Saugus  River,  in,  improvements  of,  by  state  de- 
partment of  public  works      ...... 

Manchester,  sewerage  and  sewerage  disposal  costs,  apportion- 
ment of,  in  .  .  .  .  .  . 

Mansfield,  scholarship  fund,  certain,  of,  amount  of,  increased 

Marblehead,  town  meeting,  votes,  certain,  of,  submission  to 
voters  of,  in         . 

Marion,   water  mains,   certain,   appropriation   of  money  for 
purchase  of,  by,  authorized    ..... 
purchase  of,  by         . 

Mashpee,  land,  certain,  held  for  park  purposes,  conveyance 

of  portion  of,  by,  authorized  ..... 

Mashpee  advisory  commission,  existence  of,  in,  extended     . 

Mattapoisett,  inlet,  certain,  in,  construction  of,  borrowing  of 
money  for,  by,  authorized     ...... 

Maynard,  park  land,  certain,  use  of,  for  school  purposes,  by   . 

Medfield,  Medfield  State  Hospital,  installation  of  fire-warning 
signal,  by  . 

Middleborough,  school  purposes,  borrowing  of  money  for, 
authorized  ........ 

Millis,  park  land,  certain,  use  of,  for  school  purposes,  by,  au- 
thorized     ......... 

Milton,  land,  certain,  acquired  for  playground  purposes,  sale 
of,  by,  authorized  ....... 

water  commissioners,   board   of,  election  of  elected   town 
officers,  to,  in,  providing  for  .  .  .   _       . 

Montague,    Erving-Montague    Veterans    Memorial    Bridge, 

bridge,  certain,  designated  as,  in   .  .  .  .  .     221 

Mount  Washington,  telephone  and  telegraph  service  in,  in- 
vestigation and  study  by  department  of  public  utilities, 
relative  to  ......        Resolve       68 


604 

1,  2 

479 

1,  2 

437 
612 
120 

1,  2 

1-16 

1-2 

579 

1-3 

141 

1.2 

381 

1,  2 

52 

1,  2 

414 

1,  2 

385 

2 

371 

1,  2 

379 

161 
38 

1-3 

405 

1,  2 

198 
621 

1,2 
1-3 

169 
249 

1-3 

662 
338 

1.  2 
1,  2 

315 

1,  2 

316 

1.2 

7 

1,2 

147 

1-4 

146 

1,  2 

Index. 


1053 


Chap. 
CITIES    AND    TOWNS  —  Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 
Nantucket,  vehicles  on  ways,  in,  weight  of,  regulation  of,  by, 

providing  for       ........     372 

Natick,  non-partisan  preliminary  elections  in,  ballots  used  at 

elections  in,  relative  to  .....  .     451 

park  commissioners,  commissioners  of  public  works,  powers, 

duties  and  trusts  of,  consolidation  of,  by,  providing,  for   .       26 
park  land,  certain,  use  of,  for  school  purposes,  by,  author- 
ized .  .  .  .  .  .      _     .  .  .27 

town  meeting  members,  filling  of  vacancies  in  full  nimaber 
of,  relative  to      .  .  .  .  .  .  .25 

Needham,  land,  certain,  in  town  of  Wellesley,  purchase  of, 

by,  authorized     ........       15 

park  land,  certain,  use  for  school  purposes,  by,  authorized  .     426 
North  Andover,  grade  crossing,  certain,  in,  investigation  and 
study  by  state  department  of  public  utilities,  relative 
to       .......  .        Resolve       28 

public  works,  board  of,  powers  and  duties  of,  increased  80 

Norwood,  water  main,  construction  of,  by  metropolitan  dis- 
trict commission,  to     .  .  278 
Oakham,  conveyance,  certain,  to  Evangelical  Congregational 

Church,  by 377 

Pembroke,  ponds  or  lakes,  certain,  control  of,  by,  relative  to   .     216 
Plymouth,  municipal  advertising,  public  amusements,  amount 

of  money  appropriated  for  purposes  of,  by,  increase  in   .       36 
Plymouth  Pageant  Authority,  establishment  of,  powers  and 
duties  as  to  .......  .     358 

Randolph,  betterment  assessments,  certain,  in,  relative  to       .     143 
selectmen-town  manager  form  of  government,  establishment 
of,  in,  providing  for      .......     255 

Rochester,  cemeteries,  certain,  in,  control  of,  by    .  671 

Rowley,  water  supply  purposes,  borrowing  of  money  for,  by, 

authorized  ........     204 

Sandwich,  municipal  advertising,  appropriations  for,  by,  au- 
thorized     .  .  .  .  .  .  .  .  .364 

Saugus,  finance  committee,  vacancies  in,  filling  of,  by  moder- 
ator, of,  providing  for  .  .144 
Saugus  Police  Relief  Association,  Incorporated,  member- 
ship in,  relative  to        .......       85 

Saugus  River,  improvements,  certain,  in,  by  state  depart- 
ment of  public  works  ......     379 

town  engineer,  office  of,  incumbent  of,  civil  service  status 
and  life  tenure  for,  providing  for  .....     592 

Scituate,  Musquashiat  Pond,  conversion  into  salt  water  pond, 

improvements  necessary  thereto,  providing  for     .  .     596 

improvement      of,      investigation      relative      to,      con- 
tinued    .......        Resolve       89 

Sharon,  public  works,  board  of,  selectmen  authorized  to  act 

as,  in  .........       41 

Shelburne,  community  house  facilities,  acceptance  of  monies 

for  establishment  of,  by,  authorized        ....     290 

Shelburne  Falls  Community  House,  Inc.,  payment  of  sum 
of  money  by,  to  .  .  .  .  .  .  .  .     290 

Shrewsbury,  sewerage  and  sewage  disposal  system,  construc- 
tion and  operation  of,  by,  authorized      ....     502 

Shutesbiu-y,  Luther  Henry  Tombyard,  properties  of,  convey- 
ance of,  to  ........       22 

Somerset,  cemetery  properties  and  funds,  certain,  transfer  of, 

to .  ...       12 

Lees  River,  pollution  in,  elimination  and  prevention  of,  in- 
vestigation relative  to,  providing  for      .  .        Resolve       66 
sewage  and  sewerage  disposal  system,  cost  of,  payment  of, 

by,  relative  to  .......  .     415 

Southampton,  Merchand,  Clayton,  payment  of  sum  of  money 

to,  by  ........  .     365 

South  Hadley,  annual  town  meeting,  proceedings  of,  validated       16 
Fire  District  Number  Two,  borrowing  of  money  for  water 

purposes,  by,  authorized   ......     412 

limits  of,  extended        .......     498 

sewer  system,  for,  construction  of,  by         .  .  .29 

action  taken  relative  to,  validated  and  confirmed     .     208 
Stoughton,  sewer  connections,  certain,  cost  of,  acceptance  of 

deferred  or  installment  payments,  for,  by,  authorized        .     165 


Section. 

1,  2 
1-9 
1-3 
1,  2 
1.  2 
1,2 

1.2 
1-4 

1-6 

1.2 

1-8 
1.2 

1-20 
1-3 

1,  2 
1.  2 


1,2 


1-5 


1-13 
1-4 
1-4 


1,2 

1-3 

1,  2 

1,2 
1-3 
1,  2 
1,  2 

1-4 


1054 


Index. 


Chap. 


CITIES   AND   TOWNS  —  Concluded. 

special  provisions  relative  to  particular  towns  —  Concluded. 
Swampscott,  finance  committee,  membership  of,  in,  relative  to 

Roderick,  Charlotte  M.,  payment  of  annuity  to,  by    . 
Swansea,  industrial  commission,  appropriation  for,  vote  rela- 
tive to,  validated  ....... 

Lees  River,   pollution  in,   elimination   and  prevention  of, 
investigation  relative  to,  pro\nding  for  .  .        Resolve 

Tewksbury,  swamp  lands,  certain,  in,  feasibility  of  draining  of, 
investigation  and  study  relative  to,  providing  for     Resolve 
Tyngsborough,  Dracut  Water  Supply  District,  sale  of  water 
by,  to  inhabitants,  of  . 
land,  certain,  in  purchase  of,  by  town  of  Dunstable,  au- 
thorized     ........ 

Wakefield,  fire  department,  members  of,  civil  service  status 
of,  relative  to      ......  . 

Saugus  River,  improvements,  certain,  in,  by  state  depart- 
ment of  public  works   ...... 

Walpole,   land,   certain,   conveyed   by  commonwealth  to,  re- 
strictions on,  removal  of        ....  . 

Wareham,  attractions  and  advantages,  of,  advertisement  of 
appropriation  for,  by,  authorized  .... 

Washington,  payments,  certain,  by  city  of  Pittsfield,  to 
Watertown,     Brighton    Watertown    Incinerator    Authority 
powers  and  duties  as  to,  of  . 
employees,  certain,  of,  exemption  from  civil  service  laws,  for 
political  parties,  caucuses  of,  time  of  holding  of,  in,  relative  to 
Westford,   patrolman,   position  of,   competitive  examination 

for,  maximum  age  limit  for,  in,  providing  for 
Westminster,  water  supply  system,  operation  of,  by,  assess 

ments  in  connection  with,  relative  to      . 
West  Springfield,  Lewis,  Robert  R.,  acceptance  into  retire- 
ment system,  of,  by,  authorized    .... 

West  Stockbridge,  Shaker  mill  dam,  improvements  for,  trans 

fer  of,  to     . 
Wilmington,  north  metropolitan  sewerage  district,  extension 
of,  to  ......... 

Winchendon,  Higgins,  George  S.,  patrolman,  in,  civil  service 
status  of     ........  . 

Winchester,  Lexington,  town  of,  boundary  line  between  said 
towns,  defining  of  .....  . 

sewer,  certain,  construction  of,  in  town  of  Arlington,  by 
Wrentham,  planning  board,  of,  acts  of,  validated  . 
City  and  town  auditors,  judgments,  payment  of,  from  city  or 
town  treasuries,  powers  and  duties  as  to 
tax  rates,  reduction  of,  use  of  certain  available  funds  for  pur 
poses  of,  powers  and  duties  as  to  . 
CITY   AND    TOWN    CLERKS: 

in  general,  absent  voting  ballots,  applications  for,  powers  and 
duties  as  to      . 
receipt  of,  by,  powers  and  duties  as  to  . 
funds,  solicitation  of,  for  charitable  purposes,  powers  and 
duties  as  to  .  .  .  .  . 

political  committees,  non-elected,  filing  of  certain  papers 
by,  with      ........ 

statements  of  expenses,   candidates  for  public  offices,   of 
filing  of,  with,  relative  to      . 
city  clerks,  licenses,  renewal  of,  delegation  by  city  councils  of 
powers  relative  to,  to  . 
petitions  for  vote  on  adoption  of  city  charters,  time  for  filing 
of,  with       ........ 

plan    E    cities,    election    by    proportional   representation    of 
members  of  city  council  and  school  committee,  in,  peti- 
tions for,  filing  of,  with  ..... 

town  clerks,  marriages,  records  relative  to,  powers  and  duties 
as  to  ........ 

CITY  AND   TOWN   TREASURERS: 

deceased  employees,  wages  owing  to,  payment  of,  to 
judgments,  payment  of,  from  city  or  town  treasuries,  powers  and 

duties  as  to 
Massachusetts  State  Employees  Association,  dues  to,  pay-roll 

deductions  for,  powers  and  duties  as  to 
retirement  systems  and  pensions,  funds  of,  deposit  in  co-operative 
banks,  of,  by,  authorized       ..... 

City  charters,  plan,  of,  vote  on  adoption  of,  petition  calling  for, 
time  for  fiiing  of,  relative  to  .  .  .  .  . 


222 
565 


541 
66 


74 
619 


360 
60 


379 
344 


46 
43 


101 
102 


599 

287 


223 
139 


67 


152 
324 


562 
46 


678 
126 


67 


Section. 

1-3 
1.2 


1-4 
1-3 

1,  2 


30 
375 

1.2 
1-3 

523 

94 

163 

1-10 
1,  2 

202 

1,2 

89 

1-4 

171 

1,2 

554 

1-3 

399 

1-7 

205 

1,  2 

120 
540 
185 

1,2 
1-3 
1.  2 

Index. 


1055 


CITY   COUNCILS: 

licensing  powers,  of,  delegation  of,  to  city  clerks  for  renewal 
licenses       ......... 

Civil  actions  (see  Actions,  civil;   Practice  in  civil  actions). 
Civil  defense  agency,   director,  policomcn,  certain,  overtime  pay 
for,  payment  of,  approval  bv  .  .  .  .  . 

CIVIL  SERVICE  AND  REGISTRATION,  DEPARTMENT  OP 
civil  service,  division  of,  director,  classification  plans,  power 
and  duties  as  to 
classified  civil  service,  emergency  appointments  in,  powers 

and  duties  as  to 
official  service,  promotions,  certain,  in,  approval  by 
police  and  fire  forces,  reserve  members  of,  permanent  ap- 

ments  for,  refusal  of,  by,  powers  and  duties  as  to     . 
police   officers,    fixing   of  maximum    age   requirement   for 

powers  and  duties  as  to         . 
Westford,   town   of,   patrolman,    competitive  examinations 
for  position  of,  in,  holding  of,  by  .... 

registration,  division  of,   barbers,   board  of  registration  of, 
barber  shops,  certificates  of  registration  of,  renewal  fees 
for,  increase  in    .......  . 

electricians,  state  examiners  of,  applicants  for  registration  as 
master  electrician  or  journeyman  electrician,  fees  paya- 
ble by,  further  regulation  of,  powers  and  duties  as  to 
membership  of,  increased      ..... 

embalming  and  funeral  directing,  board  of  registration  in 

powers  and  duties  of    . 
hairdressers,  board  of  registration  of,  licenses,  certain,  issued 
by,  renewal  fees  of        .....  . 

medicine,  board  of  registration  in,  physicians,  qualified,  regis- 
tration of,  powers  and  duties  as  to 
pharmacy,  board  of  registration  in,  drugs,  harmful,  adulter- 
ating, misbranding  and  sales  of,  regulations  relative  to 
plumbers,  state  examiners  of,  plumbers  licenses,  charge  for 
renewal  fee,  by,  increase  in  . 
CIVIL  SERVICE  LAWS: 

Acton,  police  officers,  regular  or  permanent,  placing  under 
administration  and  finance  commission  on,  employee,  certain 
of,  placed  under  ...... 

Bellingham,  superintendent  of  streets,  oflBce  of,  in,  placed  under 
building  construction,  division  of,  general  construction  inspector, 

position  of,  incumbent  of,  placed  under 
classification  plans,  cities  and  towns,  for,  relative  to 
classified  civil  service,  emergency  appointments  in,  relative  to 
employment  security,  division  of,  employees,  certain,  of,  rights 
of,  under    ........ 

Fairhaven,  employees,  certain,  of,  placing  under,  relative  to 
Hingham,  chief  of  police,  office  of,  placed  under 
Hull,  fire  department,  office  of  chief  of,  placing  under 
lifeguards,  division  of  public  beaches,  exemption  from 
official  service,  of,  promotions,  certain,  in  .  .  . 

Pittsfield,   veterans'   agent  and  director  of  veterans'  services 
office  of,  in,  placing  under     ..... 

public  works,  department  of,  Palmieri,  Anthony  V.,  employee 
of,  seniority  rights  under       ..... 

registry  of  motor  vehicles,  division  of,  legal  assistant,  office  of 
in,  placed  under  ...... 

Saugus,  town  engineer,  office  of,  incumbent  of,  placing  under 
veterans'  services,  commissioner  of,  veterans  counsellor,  position 
of,  placed  under  ...... 

Wakefield,  fire  department,  members  of,  placing  under,  relative  to 

Winchendon,  Higgins,  George  S.,  patrolman,  in,  placing  under 

Youth  Service  Board,  supervisor  of  community  organization, 

visitor  and  guardian  to  older  boys,  positions  of,  placed 

under  ......... 

Clarksburg,  town  of  (see  Cities  and  towns). 
Clerks,  city  and  town  (see  Citv  and  town  clerks). 
CLERKS   OF    COURTS: 

district  courts,  of  (see  District  courts). 

fees,  certain  of,  increase  in      .  .  .  .  .  .  . 

Suffolk  county  superior  court,  assistant  clerks  of,  number  of,  in- 
creased       ......... 

supreme  court,  of  (see  Supreme  judicial  and  superior  courts). 
Clinton,  sewage  disposal  works,  reconstruction  of,  providing  for 
town  of  (see  Cities  and  towns). 


Chap. 


139 


430 


295 


376 
267 


136 
90 


202 


355 


Section. 

1,  2 
1 

1.  2 
1,  2 


190 
238 

1.2 

653 

1-7 

501 

519 

1.2 

577 

1-4 

200 
212 


1,  2 


453 

Item  0441-01 

40 

1.2 

687 

Item  0446-01 

295 

1,2 

376 

587 

28 

1-3 

433 

1.2 

78 

1.  2 

298 

267 

82 

450 

634 
592 

474 

60 

205 


1,  2 


1-3 

1.  2 


687  Item  1380-01 


(328 
1624 

342 

462 


1-4 

1,  2 
1-4 


1056  Index. 

Chap.  Section. 

Coastal  waters,  crabs,  edible,  close  season  on,  in,  further  regulation 

m  of 248 

examination  of,  and  sampling  of  shell  fish  therein,  providing  for     243  1-3 

further  definition  of,  under  laws  relative  to  fisheries  and  game   .       92 
trout,  taking  of,  in,  regulation  on    .  .  .  .99 

Cohasset,  town  of  (see  Cities  and  towns). 

Coin  or  token  machines,  fraudulent  use,  of.  penalty  for  145  1,  2 

COLLECTORS    OF   TAXES: 

tax  bills,  certain,  form  of,  powers  and  duties  as  to     .  .  .     444  1-6 

trailer  coach  parks,  monthly  license  fees,  for,  powers  and  duties 

as  to  ........     410 

COLLEGES   AND   UNIVERSITIES: 

state  teachers  colleges,  teachers,  certain,  in,  dismissal  of,  regu- 
lation of     ........  .     350 

See  also  Schools. 
Columbus  Day,  observance  of  on  Monday  nearest  said  day,  provid- 
ing for         128  1,2 

COMMERCE,    DEPARTMENT    OF: 
in  general 

industry  and  trade,  promotion  of,  in  commonwealth,  investi- 
gation and  study,  relative  to  .  .  .        Resolve       52 
land,  certain,  draining  of,  feasibility  of,  joint  board  to  study, 

designation  to,  of  .  .  .  .  .        Resolve       82 

tourist  routes,  sj'stem  of,  investigation  and  studj'  relative  to, 

establishment  of,  by     .  .  .  .        Resolve       61 

division  of  planning,  Massachusetts  Bay  Circuit,  plans  and 
proposals  for,  investigation  and  study  relative  to,  by,  as 
member  of  joint  board  .  .  .  .        Resolve       41 

truck  and  bus  transportation,  improvement  of,  to  investigate 

and  study  .......        Resolve     106 

Commercial  code,   uniform,   establishment  of,  investigation  and 
study   by   special   commission   relative  to,   revived   and 
continued   .......        Resolve     121 

COMMISSIONS,    STATE  : 

in  general  (see  Commonwealth,  departments,  commissions,  etc., 

of;   also  specific  titles  of  state  commissions). 
special: 

Boston,  city  of,  area,  certain,  in  development  of,  investigation 

and  study  .......        Resolve       98 

{15 
48 
84 
city  budgets,  laws  relative  to,  to  investigate  and  study  Resolve  107 
commercial  code,  uniform,  establishment  of,  to  investigate  and 

study,  revived  and  continued         .  .  .        Resolve     121 

communism,  subversive  activities,  to  investigate  and  study, 

expenses  of,  appropriation  for  ....     197  1-3 

revived  and  continued       ....        Resolve     123 
crime  and  gambling,  existence  and  extent  of,  to  investigate 

and  study,  revived  and  continued  .  .        Resolve       80 

farm  taxation,  problems  of,  to  investigate  and  study     Resolve     120 

fiscal  survey  commission,  establishment  of    .  .        Resolve       20 

final  report  of,  time  for,  extended      .  .  .        Resolve       90 

scope  of,  increased  .....      Resolves  <  ,^. 

high  blood  pressure,  to  investigate  and  study,  membership  of, 

existence  of,  increased  ....        Resolve     113 

industrial  homework,  laws  relative  to,  to  study  and  investi- 
gate ........        Resolve     100 

insurance    laws,    certain    provisions    of,    to    investigate    and 

study  ......        Resolve     122 

juvenile     delinquency,     problem     of,     to     investigate     and 

study  .......        Resolve       18 

medical  and  dental  school,  state,  establishment  of,  to  investi-  (  | 
gate  and  study,  scope  of,  increased,  final  report  of,  time  j  ^26 
for     ........      Resolves  [ 

medical  laboratory  technologists,  training  of,  to  investigate 

and  study  .......        Resolve     119 

mental  persons,  certain  problems  as  to,  to  investigate  and 

study  .......        Resolve     108 

metropolitan  district  commission,  boulevards  under,  abutting 

property  of,  access  to,  to  investigate  and  study     Resolve       79 

mills,  steel  or  aluminum,  erection  of  in  commonwealth,  to 

investigate  and  study  ....        Resolve     115 


Index.  1057 

Chap.  Section. 

COMMISSIONS,    STATE  —  Concluded. 
special  —  Concluded. 

milk  marketing,  to  investigate  and  study,  revived  and  con- 
tinued        .......        Resolve     103 

penal  institutions,  conditions  at,  to  investigate  and  study, 

revived  and  continued  ....        Resolve       81 

planning,  zoning  and  subdivision  control,  to  investigate  and 

study  .......        Resolve       97 

public  welfare,  laws  relative  to,  to  study  and  revise,  revived 

and  continued     ......        Resolve       22 

railroad  yards,  tracks  in,  proper  clearance  of,  to  investigate 
and  study,  revived  and  continued,  scope  of  and  member- 
ship, increased     ......        Resolve       99 

retarded   children,   training  facilities  for,  to  investigate  and 

study,  further  continuation  of,  scope  of,  increased  Resolve     110 

retirement  systems  and  pensions,  laws  relative  to,  to  investi-  I    ^i 
gate  and  study,  revived  and  continued  .  .      Resolves  j  ,^^ 

revenue  bonds,  issuance  by  municipalities,  to  investigate  and 

study,  continued  .....        Resolve     118 

sick  and  aged,  homes  for,  protection  against  fire  in,  to  investi- 
gate and  study,  revived  and  continued,  membership  and 
scope  of,  increased        .....        Resolve       88 

southeastern  Massachusetts  water  district,  establishment  of, 

to  investigate  and  study,  revived  and  continued    Resolve       71 
state  government,  structure  of,  to  investigate  and  study,  re- 
vived and  continued,  membership  of,  increased      Resolve       12 
state  housing  units,  veterans,  certain,  in,  rent  to  be  paid  bj',  to 

investigate  and  study,  revived  and  continued        Resolve       75 
state       office     building     commission,     revived      and     con- 
tinued        .......        Resolve     111 

State  Teachers'  Colleges,  to  investigate  and  study,  revived 

and  continued     ......        Resolve       19 

further  revived  and  continued  .  .  .        Resolve       64 

state  youth  commission,  establishment  of      .  .        Resolve       18 

taxation,  problems  of,  to  investigate  and  study,  further  con-  f    29 

tinuation  of  .....      Resolves  \    93 

scope  of,  increased    .....        Resolve     117 

television,  use  of,  for  educational  purpose,  to  investigate  and  f    51 
study,  revived  and  continued         .  .  .      Resolves  \  125 

Tobin,  Maurice  J.  statue  or  memorial  to  commemorate,  erec- 
tion of,  to  investigate  and  study   .  .  .        Resolve       95 
Committees,  political  (see  Elections). 

school  (see  Schools). 
Common  carriers  (see  carriers,  common). 
COMMONWEALTH : 

administrative  procedure,  of,  act  establishing  ....     681  1-22 

American  Gold  Star  Mothers,  national  convention  of,  in  city 
of    Boston,    proper    representation    at,     of,    providing 
for     ........        Resolve       36 

American  Legion,  state  convention  of,  proper  representation  of 

commonwealth  at,  providing  for    .  .  .        Resolve       31 

American  Veterans  of  World  AVar  II,  AMVETS,  state  conven- 
tion   of,    proper    representation    of    commonwealth    at, 
providing  for       ......        Resolve       83 

armory  purposes,  conveyances  of  certain  lands  by  city  of  Boston, 

for 617 

Army  and  Navy  Legion  of  Valor,  national  convention  of,  proper 

representation  of  commonwealth  at,  providing  for  Resolve       95 
Army  and  Navy  Union,  U.  S.  A.,  national  convention  in  city  of 
Boston,  of,  proper  representation  of  commonwealth  at, 
providing  for       ......        Resolve         3 

bonds  of  (see  State  finance). 

buildings  or  structures,  except  state  house,  owned  or  occupied 
by,  establishment  of  date  for  compliance  with  law  rela- 
tive to  safety  of  persons  in   . 
capital  outlay  program,  for     ....... 

contracts,  public  buildings  relative  to,  payment  of  subcontracts 
working  under,  by        ......  . 

departments,  boards,  commission,  institutions,  etc.,  of,  appro- 
priations for  maintenance,  etc.,  of  .  .  . 


153 

471 

1-4 

609 

645 

1-6 

184 

1-8 

197 

1-3 

263 

1-11 

453 

1-17 

687 

1-13 

124 
403 

1-12 

52 

431 
557 

1-3 
1,2 

416 

1.  2 

504 

1-5 

483 

547 

1.  2 

45 

344 

1.2 

260 

1,  2 

561 

1.2 

409 

1.  2 

590 

1.  2 

1058  Index. 

Chap.  Section. 

COMMONWEALTH  —  Concluded. 

Disabled   American   Veterans,    Department   of   Massachusetts, 
Inc.,  state  convention  of,  in  city  of  Springfield,  proper  rep- 
resentation of  commonwealth,  at,  providing  for     Resolve       42 
efficiency  of,  suggestions,  certain,  for,  recognition  of,  providing  for     546 
employment   security  law,   information,   certain,   under,  made 

available  for  certain  purposes,  to  .  .  .  .  512 

Forty-second    Infantry   Division    of   the    National   Association 
Rainbow  Division  Veterans,  annual  reunion  of  in  city  of 
Boston,  proper  representation  of  commonwealth     Resolve         4 
Francisco,  Peter,  recognition  of  heroic  contribution  toward  suc- 
cess of  American  Revolution,  of,  proclamation  as  to 
highway  program,  accelerated,  of,  providing  for 
industry  and  trade,  promotion  of,  in,  investigation  and  study  by 
department  of  commerce,  relative  to       .  .        Resolve 

instrumentalities,  of,  employees  of,  coverage  under  employment 
security  law,  for  ....... 

labor  disputes,  peaceful  settlement  of,  by 

land,  certain,  acquisition  of  by  commissioner  of  natural  resources, 

for .  .345  1,  2 

owned    by,    conveyance    of,    by    commissioner    of   natural 

resources       ........     337 

to  Boston  Police  Post  No.  1018,  Veterans  of  Foreign 
Wars  ......... 

to  city  of  Lowell        ....... 

to  Martha's  Vineyard  Regional  School  District. 

to  The  Bridgewater  Ice  and  Coal  Company 

to  Theresa  DiSessa  .....        Resolve 

to  town  of  Walpole,  restrictions  on,  removal  of 
leasing  of,  to  town  of  Framingham  .... 

South  Boston,  in,  taxation  of,  relative  to    .     . 
metropolitan  transit  authority,  deficiencies,  certain,  of,  advance 
payments  for,  by,  relative  to  ....  . 

militia,  military  laws,  of,  revision  of         .  .  . 

National  Customs  Service  Association,  national  convention  of,  in 

city  of  Boston,  proper  representation  at,  of   .        Resolve       32 
New  England  Board  of  High  Education,  compact  with  other 

New  England  states,  powers  and  duties  as  to  .       . .  589  1-5 

oflBcers  and  employees  of,  group  insurance,  for,  investigation  and 

study  by  special  commission,  relative  to  .        Resolve       85 

health  and  safety  of,  investigation  and  study  by  commission  on 
administration  and  finance  relative  to   .  .        Resolve 

hours  of  labor,  certain,  of,  relative  to  . 

indemnification  and  protection  for  certain,  in  connection  with 
actions  against    ........ 

Massachusetts  State  Employees  Association,  dues  to,  payroll 
deductions  for,  authorization  for,  by      . 

meals,  reimbursement  for  expenses  for,  regulated  . 

motor   vehicles,    owned    by,    expenses   of,    allowances   for, 
restricted    ......... 

permanent  salary  schedule  for,  adjustments  in,  providing  for 
retirement  of  (see  Retirement  systems  and  pensions), 
schools  or  colleges,  non-teaching  positions  in,  persons  holding, 

vacation  time  for,  relative  to  ....  .     352  1,  2 

suggestions  by,   to  improve  efficiency  of  state  government, 

recognition  of,  by  .  .  .  .  .  .  .     546 

temporary  positions,  certain,  made  permanent       .  .  .     597 

public  building  projects,  contracts  for,  awarding  of,  by  regu- 
lation .  .  .  .  .  .  .  .  .     645  1-5 

Veterans  Day,  November  eleventh  to  be  observed  as,  in    .  .     661  1,  2 

Yankee  Division  Veterans  Association,  National  convention  of, 
in  city  of  Boston,  proper  representation  of  commonwealth 
at,  providing  for  .....        Resolve         8 

See  also  Massachusetts. 
Gommunism,    special   commission   to   investigate   and   study,   re- 

v-ived  and  continued     .....        Resolve     123 

Communist  organizations,  membership  in,  contributions  to,  etc., 

penalties  for         ...  ....     584  1-5 

Companies,  banking  (see  Banks  and  banking), 
insurance  (see  Insurance), 
trust  (see  Banks  and  banking). 
See  also  Corporations. 


63 

632 

1,  2 

325 

678 

263 

4 

453 

4 

687 

4 

263 

5 

453 

5 

687 

5 

407 

1-4 

Index.  1059 

Chap.  Section, 

Ooinpensation,injuredemployees,for(seeWorkmen'scompensation). 

unemployed,  for  (see  Employment  security  law). 
Complaints,  criminal  (see  Criminal  procedure  and  practice). 
Comptroller  (see  Administration  and  finance,  commission  on). 
Compulsory  motor  vehicle  liability  insurance  (see  Motor  ve- 
hicles) . 
Concord,  town  of  (see  Cities  and  towns). 

Congregation  Adath  Israel,  conveyance  by  city  of  Boston  of  cer- 
tain land,  to         .......  .     228  1, 2 

Conlon,  Cecilia  T.,  acts  as  notary  public,  validated  Resolve       43 

Connolly,  Helen  E.,  payment  by  city  of  Lynn  of  svun  of  money  to     427  1,  2 

Conservation  district  supervisors  (see  Agriculture,  department  of). 

Conservators,  removal  of,  appointment  to  fill  vacancy  caused  by, 

petition  for,  relative  to  .....  .     478  2 

temporary,  powers  of,  relative  to     .  .  .  .  .  .     330 

See  also  Fiduciaries. 
CONSTITUTION    OF    COMMONWEALTH: 

proposed  legislative  amendments     ......  Pages  811,  812 

Consulate,  land  and  building  thereon,  in  city  of  Boston,  use  of,  for, 

authorized  ........     628  1, 2 

Contractors,  sub  (see  Subcontractors). 

Conveyances,  married  women,  by,  investigation  by  judicial  council, 

relative  to  ......        Resolve       10 

Convicts  (see  Penal  and  reformatory  institutions). 
Co-operative  banks  (see  Banks  and  banking). 
Co-operative  corporations  (see  Corporations). 
CORPORATIONS: 

in  general,  assets  of,  transfer  of,  notices,  certain,  in  connection 

with,  lien  for  taxes,  on  ......     461  1-4 

corporate  excess  tax,  delinquent  or  fraudulent  returns  relative 

to,  penalty  for     ........     193 

stock  certificates,  transfers  of,  excise  tax  on,  repeal  of    .  .     353  1-3 

stockholders  of  record,  record  date  for  determination,  of,  rela- 
tive to         .........       50 

taxation  of  (see  Taxation), 
agricultural  and  co-operative,  certain,  voting  members  by  proxy, 

providing  for  in  by-laws  of,  relative  to  .  .  .  .23 

banking  (see  Banks  and  banking). 

churches  (see  Churches  and  religious  corporations). 

consolidated,  certain,  obligations,  of,  relative  to         .  .  .57 

co-operative  banks  (see  Banks  and  banking). 

credit  unions  (see  Credit  unions). 

electric  (see  Gas  and  electric  companies). 

fraternal  benefit  societies  (see  Fraternal  benefit  societies). 

gas  and  electric  companies  (see  Gas  and  electric  companies). 

hospital  service  corporations,  non-profit  (see  Hospital  service 

corporations,  non-profit) . 
insurance  companies  (see  Insurance), 
manufacturing,  taxation  of  (see  Taxation), 
medical  service  (see  Medical  service  corporations), 
national  banks  (see  Banks  and  banking), 
non-profit  hospital  service   (see  Hospital  service  corporations, 

non-profit) . 
railroads  (see  Railroads). 

religious  (see  Churches  and  religious  corporations), 
savings  banks  (see  Banks  and  banking), 
trust  companies  (see  Banks  and  banking), 
veterans'  organizations  (see  specific  title  of  organization), 
water  districts  (see  Districts,  water). 
special  provisions  relative  to  particular  corporations : 
Cambridge  Police  Mutual  Aid  Association,  holding  of  addi- 
tional real  and  personal  estate,  by,  authorized  .  .178  1,2 
Cambridge  Trucking  Company,  revival  of  corporate  powers   .     199 
Cape  Cod  Art  Association  Inc.,  leasing  of  certain  premises,  to, 

validated 510  1, 2 

Carpet  Club  Associates,  Inc.,  revival  of  corporate  powers  of  .     300 
Children's  Hospital,  formation  of  alliance  with  Infant's  Ho.s- 
pital  for  purpose  of  maintenance  and  operating  in  common 
a  medical  center  .......     261  1-4 

Federal  National  Linen  Service  Co.,  payment  by  city  of  Bos- 
ton of  sum  of  money  to         .....  .     229 

Gloucester  Fish  Pier  Corporation  organized  for  administra- 
tion of,  membership  of,  financial  reports  of,  relative  to     .     252  1-3 
Hopkinton  Athletic  Association,  Inc.,  revival  of,  for  certain 

purposes     .........     283 


1060 


Index. 


378 

173 

317 

85 

290 
18 

370 

150 

259 

11 

317 


402 

429 

57 

461 


Chap, 
CORPORATIONS  —  Concluded. 

special    provisions    relative    to    particular    corporations 

—  Concluded. 
Maiden  Police  Relief  Association,  corporate  powers  of,  rela^ 

tive  to         .......  . 

Memorial  Hospital,  holding  of  additional  real  and  personal  es 

tate,  by,  authorized      ...... 

New  England  Telephone  and  Telegraph  Company  lines,  poles 

and  equipment,  certain,  of,  locations  of,  made  lawful 
Saugus  Police  Relief  Association,  Incorporated,  membership 

in,  relative  to      ......  . 

Shelburne  Falls  Community  House,  Inc.,  payment  to  town  of 

Shelburne  of  sum  of  money,  by     . 
Trachtenburg,  J.,  Inc.,  revival  of  ...  . 

Watertown    Firefighters   Relief   Association,    Inc.,    corporate 

powers  of,  relative  to  .  .  .  '. 

Wheelwright  Scientific  School,  holding  of  additional  real  and 

personal  estate,  by,  authorized       .... 
Williams  Inn  Club,  Incorporated,  revival  of  corporate  powers 

of 

Winchester  Police  Relief  Association,  Inc.,  members  of,  retire 

ment  benefits  for,  providing  for     .... 
Worcester  County  Electric  Company,  lines,  poles  and  equip 

ment,  certain,  of,  locations  of  made  lawful 
CORPORATIONS   AND   TAXATION,   DEPARTMENT   OF: 
in  general,  George,  Elmer  E.,  former  state  income  tax  director, 

resolve  in  favor  of         .  .  .  .        Resolve 

income  taxes,  certain,  reduction  of,  powers  and  duties  as  to   . 

commissioner,    alcoholic   beverages,   excise   tax,    certain,    on, 

powers  and  duties  as  to         .  . 

bureau  of  accounts,  employee,  certain,  of,  to  perform  duties 

of  director,  designation  of,  by         . 
consolidated   business   corporations,   certain,   obligations,   of, 

appointment  as  agent  for,  of  .  . 

corporate  assets,  transfers  of,  notice  to,  liens  upon,  by,  powers 

and  duties  as  to  . 
corporate  excess  tax,  delinquent  or  fraudulent  return  relative 

to,  penalty  for,  powers  and  duties  as  to 
employers  tax  returns,  filing  of,  powers  and  duties  as  to 
estates,  deceased  persons  of,  liens  on,  expiration  of,  powers 

and  duties  as  to  .  .  .  .  .  .  .  . 

false  or  fraudiilent  returns,  certain,  assessments  on,  making 

of,  by  .  .  .  . 

fiscal  survey  commission,  appointment  to,  of  .        Resolve 

gypsy  moth  control  program,  payments  by  cities  and  towns  /  148 

relative  to,  powers  and  duties  as  to         .  .  .  . 

income  taxes,  payment  of,  date  for,  establishment  of,  powers 

and  duties  as  to  . 
tax  returns,  date  for  filing  of,  establishment  of,  powers  and 

duties  as  to  .  .  .  . 

payments,  certain,  by  the  city  of  Pittsfield  to  town  of  Wasb 

ington,  powers  and  duties  as  to     . 
property,  certain,  valuation  and  appraisal  of,  by,  powers  and 

duties  as  to 
tax  bills,  certain,  form  of,  powers  and  duties  as  to 
tax  returns,  certain,  filing  of,  payment  of  taxes,  extensions  for 

powers  and  duties  as  to         .  .      _    . 

telephone   companies,   tax  returns,   certain,   by,   powers  and 

duties  as  to 
trusts,  tax  exemption  for  income  used  for  charitable  purposes 

powers  and  duties  as  to         . 
voluntary  associations  and  certain  trusts,  reports  by,  powers 

and  duties  as  to  . 
state  tax  commission,  corporations,  taxation  of,  powers  and 

duties  as  to 
meals,  excise  tax  on,  payment  of,  powers  and  duties  as  to 
motor  vehicles,  excise  tax  on,  applications  for  abatement  of 

time  for  filing  of,  with  .  .  . 

personal  income  tax,  abatement  of  time  for  filing  applications 

for,  powers  and  duties  as  to 
property,  certain,  appraisals  and  valuations  of,  appeals  from,  to 
stock  transfer  stamps,  redeeming  of,  powers  and  duties  as 

to 

voluntary  associations  and  certain  trusts,  reports  by,  to,  rela- 
tive to        ........  .     264 


Section. 


648 
490 


443 
254 


515 
503 


373 


269 
572 


353 


1,2 


1,2 


1.2 


1-5 


1-4 


193 
391 

1.2 

595 

1-3 

605 

20 

148 

476 

1.2 

1-5 
1.2 

69 

70 

1.2 

375 

1-3 

572 
444 

1.2 
1-5 

1.2 


1-7 
1.  2 

1,  2 


2 

2 

1.2 


Index. 


Chap. 
COEPORATIONS    AND    TAXATION,    DEPARTMENT    OF — 

Concliulcd. 
divisions  of: 

accounts,  county  appropriation  schedules,  powers  and  duties  as 

to 542 

director,  judgments,  payment  of  by  cities  and  towns,  powers 

and  duties  as  to        .  .  .  .  .46 

tax  rates,  cities  of,  use  of  certain  available  funds  for  re- 
duction of,  certification  by  .  .  .  .43 

local  finances,  bureau  of  accounts,  director,  county  appropria- 
tion schedules,  powers  and  duties  as  to        .  .  .     603 
employee,  certain,  of,  performing  duties  of  director,  rela- 
tive to     ........          .     429 

regional  health  districts,  accounts  of,  annual  audit  of,  by, 

providing  for    ........     273 

CORRECTION,   DEPARTMENT   OF: 

Prison  Point  bridge,  rebuilding  of,  certain  land  necessary  for, 

conveyance  of,  by         .  .  .  .  .  .  .     555 

Correction,  houses  of  (see  Penal  and  reformatory  institutions). 

Corrupt  practices  (see  Elections). 

Council  and  councillors  (see  Governor  and  council). 

Council  for  the  aging,  establishment  of       ....  . 

Counterfeit  coins,  slugs,  etc.,  manufacture  or  use  of,  penalty  for   . 
COUNTIES : 

aging  persons,  care  of,  by,  relative  to       ....  . 

appropriations  for  maintenance,  etc.,  certain,  of         .  .  . 

beaches,  of,  exemption  from  control  and  supervision  of  division 
of  public  beaches,  for  ....... 

building  projects,  public  contracts  for,  awarding  of,  by,  regu- 
lation on     ........  . 

officers  and  employees  of,  deceased  employees,  payment  of  wages 

owing  to,  relative  to     . 

health  and  safety  of,  investigation  and  study  by  commission 

on  administration  and  finance  relative  to         .        Resolve 

hours  of  labor,  certain,  of,  relative  to  . 

Massachusetts  State  Employees  Association,  clues  to,  pay-roll 

deductions  for,  authorization  for,  by       . 
meals,  reimbursement  for  expenses  for.  .... 

motor  vehicles  owned  by,  expenses  for,  allowances  for 
salary  rates  of  certain,  except  in  Suffolk  county,  relative  to 
parking  violations,  in  vicinity  of  county  buildings,  non-criminal 
disposition  of,  providing  for  ..... 

subcontractors,  certain,  payment  of,  by,  method  of,  providing 
for     .......... 

tubercular  patients,  care  of,  by,  relative  to        . 
COUNTY    COMMISSIONERS: 

in  general,  appropriation  schedules,  receipt  of,  by,  providing  for 
excise  tax  stamps,  certain,  sale  of  by  registers  of  deeds,  powers 

and  duties  as  to 
gifts,  devises  or  bequests,  deposit  in  co-operative  banks,  of 

powers  and  duties  as  to         . 
parking  violations,  non-criminal  disposition   of,  powers    and 
duties  as  to 
Barnstable,    airplane,   purchase   and   maintenance   of,    by, 
thorized      ........ 

recreational    advantages,    of,    promotion    of,    expenditure    of 
money  for  purposes  of,  by,  relative  to    . 
Berkshire,  building,  certain,  plans  and  specifications  for,  prepara- 
tion of  jointly  with  city  of  North  Adams,  by 
North  Adams,  cit.v  of,  adequate  court  and  police  accommoda- 
tions in,  building  of,  by         . 
Pittsfield,  city  of,  superior  court  building  in,  alterations  and 
additions  to,  preparations  of  plans  and  specifications  for, 

by 

recreational    advantages   of,    promotion   of,   expenditures   of 

money  for  purposes  of,  by,  authorized    .... 

Bristol,  county  jail  and  house  of  correction.  New  Bedford,  in, 

certain  improvements  at,  expenditure  for,  by,  authorized 

Emery   Record    Preserving   Company,    payment   of   sum    of 

money  to,  by       . 
Nerney,  Olive,  payment  of  sum  of  money  to,  by    . 
registry  of  deeds  and  probate  building,  city  of  Taunton,  in, 
repairs,  alterations  and  changes  to,  making  of,  by  . 


1061 

Section. 


537 

145 

538 

(542 
{  603 
i666 

533 

645 

562 

63 
632 

678 
603 
603 
566 

302 

/609 

1645 

538 

603 

» 

550 
126 
302 
536 
175 


571 


5 
210 
517 

520 

652 
380 

53 


1-3 
1,2 


1-4 
1.2 


1-6 
3 

1.2 


3 

4 
1-4 


1-5 
4-6 


1-3 
1-3 
1-5 


1-3 
1-3 


1,2 

1.2 
1-4 


1062 


Index. 


Chap. 


Section. 


COUNTY    COMMISSIONERS  —  Concluded. 

Dukes,  county  court  house,  repairs,  alterations  and  construction 
of  an  addition  to,  amount  of  money  to  be  expended  for 
purposes  of,  by,  increased      ...... 

land,  certain,  in  town  of  Edgartown,  operation  and  mainte- 
nance of,  by,  providing  for   .  .  .  . 

Oak  Bluffs  harbor,  bulkhead  construction  at,  contribution  for 
cost  of,  by  ........ 

Essex,  Wells,  Earl  E.,  payment  of  sum  of  money  to,  by     . 
Franklin,  bridge,  certain,  in,  transfer  to  state  department  of 
public  works,  by  ....... 

recreational,  industrial  and  agricultural  advantages  of,  pro- 
motion of,  amount  of  money  to  be  expended  for  purposes 
of,  by,  increased  ....... 

Hampshire,  Lake  Metacomet,  public  access  to,  right  of  way  for 
purpo.ses  of,  establishment  of,  by,  providing  for 
land,  certain,  purchase  of  to  expand  parking  facilities  or  facili 
ties  of  county  court  building,  by    . 
Middlesex,  McSweeney,  Charles  H.,  payment  of  sum  of  money 
to,  by  .......  . 

Nantucket,  Smith's  Point,  reservation  at,  lay  out  and  mainte 
nance  of,  by,  authorized        ..... 

South  beach,  reservation  at,  lay  out  and  maintenance  of,  by 
authorized  ....... 

Norfolk,  Wrentham  district  court,  borrowing  of  money  for  cer- 
tain expenditures  in  connection  with,  powers  and  duties 
as  to  ......... 

COUNTY  FINANCE: 

appropriations  for  maintenance  of  . 

bond  issues,  counties,  certain,  of      . 
County  retirement  systems  (see  Retirement  systems  and  pensions). 
County  Treasurers,  county  appropriation  schedules,  receipt  of,  by, 
providing  for       ........ 

deceased  employees,  wages  owing  to,  payment  of,  by 

excise  tax  stamps,  certain,  sale  of  by  registers  of  deeds,  powers 

and  duties  as  to  .  .      _    . 

gifts,  devises  or  bequests,  deposit  in  co-operative  banks,  of,  by 
Massachusetts  State  Employees  Association,   dues  to,  powers 
and  duties  as  to  .  .  .  .  .      _     .  .  . 

retirement  systems  and  pensions,  funds  of,  deposit  in  co-operative 
banks,  of,  by,  authorized       ...... 

Court  actions  (see  Actions,  civil;  Practice  in  civil  actions). 
COURTS: 

in  general,  defective  delinquents,  commitment  of,  by 
clerks  of  (see  Clerks  of  court), 
district  courts  (see  District  courts), 
land  court  (see  Land  court), 
probate  court  (see  Probate  courts), 
probation  officers  of  (see  Probation  officers), 
superior  court  (see  Supreme  judicial  and  superior  courts), 
supreme    judicial    courts    (see    Supreme    judicial    and    superior 
courts). 
Crabs,  edible,  close  season  on,  further  regulation  of         .  .  . 

Crafts,    Frederic    A.,    payment    by    commonwealth    of    money 
to       .......  .       Resolve 

Credit  Union  Employees  Retirement  Association,   funds,  of, 

investment  of,  relative  to      . 
Credit  unions,   co-operative   banks,  investments  and  deposits  of 
money,  in,  by,  authorized     ...... 

Credit  Union  Employees  Retirement  Association,  fund  of,  con- 
tributions to,  by,  relative  to  ..... 

personal  loans,  granting  of,  by,  further  regulations  of 
Crime  commission,  so  called,  revived  and  continued     .        Resolve 
CRIMINAL   PROCEDURE   AND   PRACTICE: 

accounts  and  entries,  certain,  admissibility  in  evidence  of 
appeals,  certain,  in,  filing  of    . 

children,  neglect  of,  offences  constituting,  penalty  for 
crimes  against  government,  certain,  information  under  employ- 
ment security  law  made  available  to  commonwealth  in 
prosecutions  for  .  .  .    _      .  .         _. 

criminal  actions,  questions  of  law  arising  before  trial  of,  report 
to  supreme  court,  of,  providing  for         .  .  .  . 


100 

1.2 

631 

2.3 

215 
58 

1.2 

466 


339 
506 


55 
335 


333 


56 

(542 

\  603 

1,666 

53 


603 
562 


550 
126 


678 
126 


685 


248 
17 


1-5 
1-3 

1.  2 


1-4 

1.  2 

2 


1 

1-4 


121 

1.2 

179 

1.2 

121 

122 

80 

1,  2 
1-3 

442 
187 
539 

•   1.2 

1 

512 
528 


Index. 


1063 


CRIMINAL   PROCEDURE    AND    PRACTICE  —  Concluded. 

immoral  conduct,  permitting  certain  premises  to  be  used  for 

purposes  of,  penalty  for  ..... 
parking  violations,  non-criminal  disposition  of,  relative  to 
paternity,  determination  of,  blood  grouping  tests  for  purposes  of, 

providing  for       ....... 

refrigerators,  containers  used  as,  disposal  of,  penalty  for  . 
registration   plates,   motor  vehicles,   for,   unauthorized   use  of, 

concealment  of,  penalty  for  ...... 

slugs,  counterfeit  coins,  etc.,  use  or  manufacture  of,  penalty  for 
subversive  organizations,  membership  in,  contributions  to,  etc., 

penalties  for         ....... 

transcripts  of  evidence,  certain,  in,  relative  to  .  .  _ 

witness  fees,  detective  force  of  state  department  of  public  safety, 

for     ......... 

Gushing  hospital,  elderly  persons,  for,  establishment  of 


Chap. 


61 
302 


232 
191 


74 
145 


584 
187 


393 
469 


Section. 


1.  2 


1.2 

1-5 
1 


1-6 


D. 

Dallas,  James  Paul,  made  eligible  for  membership  in  State-Boston 

retirement  system         .......     423 

Danvers,  city  of  (see  Cities  and  towns). 

Daylight  saving  time,  extension  to  last  Sunday  of  October  of  each 

year,  of 180 

Death,  benefits,  fraternal  benefit  societies,  of,  certain  restrictions  as 

to,  removal  of      .......  .     103 

certificates,  of,  cause  of  death  to  be  typed  or  printed  on,  act  re- 
quiring       . 137 

use  of  name  of  funeral  directors  in  connection  with,  relative 

to 438 

Debts,  commonwealth  of  (see  State  finance). 

Deceased  persons,  estates  of,  actions  by  creditors  against,  filing  no- 
tice of,  in  Probate  courts,  relative  to      .  .  .  .     552 

liens  on,  relative  to     .......  .     595 

property  of,  taxation  of,  relative  to  .....     572 

wages,  certain,  owing  to,  payment  of,  relative  to       .  .  .     562 

Dedham,  town  of  (see  Cities  and  towns). 
Deeds,  excise  tax  stamps,  for,  sale  of,  by  registers  of  deeds,  providing 

for 550 

registers  and  registries  of  (see  Registers  and  registries  of  deeds), 
tenancy  by  entirety,  husband  permitted  to  convey  directly  to 

himself  and  wife  for  purpose  of  creating  .  .  .     395 

Definitions  (see  Words  and  Phrases). 

Delinquents,  defective,  commitment  of,  relative  to         .  .  . 

female,  observation,  examination  and  recommitment  of 
juvenile  (see  Juvenile  delinquents). 
Dennis,  town  of  (see  Cities  and  towns). 
Dental  advertising,  restrictions  on      .....  . 

Dentists,  restrictions  on  advertising,  by         ..... 

Dependents,  enforcement  of  support,  of,  act  providing  for 
Detective,  private  (see  Private  detective). 

Development  and  Industrial  Commissions,  establishment  by 
cities  and  towns,  of,  authorized     ..... 

Fall  River,  for,  existence  of,  extended      ..... 

interim  commissions,  having  powers  and  duties  of,  providing 
for     .......... 

Lowell,  membership  of,  terms  of  members  thereof,  relative  to 
DeWolfe,  Charles  P.,  payment  by  commonwealth  of  sum  of  money 

to _         .  .  .  . 

Dickerman,  Lola,  acts  as  notary  public,  validated         .       Resolve 
Diplomas  (see  Schools). 
Disability  benefits  (see  Retirement  systems  and  pensions;    Work- 
men's compensation). 
Disabled  American  Veterans,  Department  of  Massachusetts,  Inc., 
state  convention  of  in  city  of  Springfield,  proper  represen- 
tation of  commonwealth,  at,  providing  for      .        Resolve       42 
Disabled  American  Veterans  Turnpike,  Massachusetts  Turnpike 

designated,  as      .......  .     623 

Disabled  veterans  (see  Veterans). 

DiSessa,  Theresa,  conveyance  by  department  of  public  works  of 

certain  land,  to     ......  .        Resolve       45 


1.2 


1,2 
1-3 
1,2 
2-5 


1.2 


685 
404 

1-4 
1-3 

408 
408 
556 

1-3 

1-3 

1-10 

297 
397 

1.2 

511 
434 

1.2 

453 
30 

Item  1720-00 

1,2 


1064  Index. 

Chap.  Section. 

District  Attorneys,  eastern  district,  of,  salary  of,  increased     .  .     441 

sex  criminals,  perverts,  information  relative  to,  furnishing  of,  to     246 
Suffolk  county,  additional  assistant,  to,  providing  for         .  .     488  1, 2 

DISTRICT   COURTS: 

in  general,  clerks,  of,  fees,  certain,  of,  increase  in   .        .      .  .  •     328  1-4 

criminal  trials,  notice  to  accused  of,  investigation  by  judicial 

council  relative  to         ....  .        Resolve       27 

equity  jurisdiction,  extension  of,  to,  investigation  by  judicial 

council  relative  to         ....  .        Resolve       72 

justices,  feeble  minded  persons,  commitment  to  state  schools, 

of,  by,  providing  for     .......     218 

superior  court,  authorization  to  sit  on  motor  vehicle  tort 

trials  in,  for         ........     668  1,  2 

probation  officers,  of  (see  Probation  officers), 
psychiatric    service,    for,    study    relative    to,    further    con- 
tinued        .......        Resolve       77 

torts,   actions  of.   arising  out   of  operation,   control  etc.,   of 

motor  vehicles,  exclusive  original  jurisdiction  of,  for         .     616  1-6 

Uniform  Reciprocal  Enforcement  of  Support  Act,  powers  and 

duties  as  to  .  .  .  •  .  .  .     556  1-10 

special  provisions  for  particular  courts : 

Barnstable  county,   of.  probation  officers,   of,  travelling  ex- 
penses, of,  amount  of  money  allowed  for,  increase  in         .211 
Boston,  juvenile  court,  judge,  of,  juvenile  delinquency,  special 
commission  to  investigate   and  study,   appointment  to, 

of Resolve       18 

municipal  court  of  the  city  of,  chief  justices,  associate  jus- 
tices, clerks,  probation  officers  and  court  officers,  of, 

salaries  of,  relative  to         .  .    _       .  .   _       .  .     527  ,      1-6 

clerks  and  assistant  clerks,  of,  salaries  of,  relative  to        .     347  1,  2 

Wrentham,  district  court,  of,  borrowing  of  money  by  Norfolk 
County  for  certain  expenditures  in  connection  with,  rela- 
tive to         ......••.       56 

DISTRICTS: 

fire,  Fire  District  Number  Two  in  the  town  of  South  Hadley, 

borrowing  of  money  for  water  purposes,  by,  authorized   .     412  1,  2 

limits  of,  extended  .  .  .  .  .  .  .     498  1-3 

regional  health,  accounts  of,  annual  audit  of,  state  bureau  of 

accounts,  by,  providing  for  .  .  .  .  .  .     273 

regional  school,  expenses,  certain,  incurred  by,  reimbursement 

for,  relative  to     .......  .     346 

Martha's  Vineyard  Regional  School  District,  conveyance  by 

commonwealth  of  certain  land,  to  ....     483 

Nagog  Regional   School   District,   Blanchard  Auditorium  in 
town  of  Acton,  use  of,  by,  authorized     .... 

school  buildings,  certain,  sale,  leasing  or  licensing  of,  to 
Southern  Berkshire,  Alford,  town  of,  proceedings  relative  to 
admission  of,  in,  validated    ...... 

treasurers,  of,  receipts  from  athletics,  games,  musical  festivals 
etc.,  deposit  of,  with  ...... 

school  lunch  programs,  funds  for,  powers  and  duties  as  to 

sewer,  Hillcrest  Sewer  District,  establishment  of       . 

water,  Boylston  Water  District,  water  system,  establishment  of, 

amount  of  money  to  be  borrowed  for,  by,  increased 

Burlington  Water  District,  borrowing  of  money  by,  amount  of, 

increased    ......... 

Byfield  Water  District,  water  loan,    additional,  making  of, 

by 

Cherry  Valley    and   Rochdale   Water   District,    powers    and 
duties  of,  relative  to     ......  . 

Dracut  Water  Supply  District,  sale  of  water  to  certain  in- 
habitants of  town  of  Tyngsborough,  by,  authorized 
Hadley  Water  Supply  District,  water  purposes,  borrowing  of 
money  for,  by,  authorized     ...... 

Leicester   Water   Supply   District,   borrowing   of   money   for 
water  purposes,  by       ......  ■ 

Lunenburg  Water  District  of  Lunenburg,  clerk,  of,  term  of 
office  of,  relative  to      .  .  .  .  .  _        . 

Southeastern  Massachusetts  Water  District,  establishment  of, 
special  commission  to  investigate  and  study,  revived  and 
continued  .  .  .  .  Resolve 

water  rates  and  charges,  liens  for,  by,  relative  to  .  . 

schedules  of,  filing  with  department  of  public  utilities,  by   . 
Dividends,  certain,  taxation  of,  relative  to    . 


214 

282 

1.2 

271 
256 
612 

1-6 

236 

1,2 

485 

1.2 

470 

1.2 

112 

1.  2 

619 

1 

1,2 

363 

1,2 

35 

1,2 

71 
487 
610 
560 

1-3 

Index. 


DIVISIONS,    STATE   DEPARTMENT   OF: 

See  Commonwealth,  departments,  boards,  commissions,  etc.,  of; 

also  specific  titles  of  divisions  listed  under  specific  titles 

of   the    state    departments   in   which    the    divisions    are 

placed. 

Dogs,  listing  of  in  cities  and  towns,  relative  to        ...  . 

Dover,  town  of  (see  Cities  and  towns). 

Dracut  Water  Supply  District,  sale  of  water  to  certain  inhabitants 

of  town  of  Tyngsborough,  by,  authorized 
Driving  education,  motor  vehicle,  persons  under  twenty-five  years 
of  age,  for,  providing  for       ...... 

Drugs,  harmful,  adulterating,  misbranding  and  sale  of    . 
DUKES    COUNTY: 

appropriation  for  maintenance  of,  etc.      ..... 

county  court  house,  repairs,  alterations  and  construction  of  an 
addition  to,  amount  of  money  to  be  expended  for  purposes 
of,  by,  increased  ....... 

land,  certain,  in  town  of  Edgartown,  management  and  mainte- 
nance of,  by,  authorized        ...... 

Oak  Bluffs  Harbor,  bulkhead  along  shores  of,  construction  costs 
of,  contributions  for,  by,  authorized       .... 

Dunstable,  town  of  (see  Cities  and  towns). 

Dutch  elm  disease,  eradication  of,  borrowing  of  money  by  cities 

and  towns  for  expense  of,  relative  to      . 
Dwelling  places,  minimum  housing  standards  for,  establishment  of 
violation  of  provisions  of,  penalty  for  ..... 

rent  control,  continuation  of,  for     ...... 


Chap. 


1065 

Section. 


357 


619 


49 

577 

1-4 

603 

1 

100 

1,2 

631 

3,4 

215 

1,2 

106 
209 
447 
496 

1.2 
1,2 
1.2 

E. 

Edgartown,  town  of  (see  Cities  and  towns). 
EDUCATION,   DEPARTMENT   OF: 

in  general,  handicapped  children,  certain,  reimbursement  to 
cities  and  towns  for  transportation  of,  powers  and  duties 
as  to  ......... 

land,  certain,  in  town  of  Bridgewater,  conveyance  of,  by 
state  teachers  colleges,  teachers,  certain,  in  dismissal  of,  powers 
and  duties  as  to  . 
board  of  education,  private  or  proprietary  schools,  further 

regulation  on,  powers  and  duties  as  to   . 
commissioner,  council  for  the  aging,  appointment  to,  of 

juvenile  delinquency,  special  commission  to  investigate  and 
study,  appointment  to,  of     .  .  .  .        Resolve 

divisions  of: 

blind,  blind  workers,  of,  wages  paid  to,  increase  in 
special  education,  establishment  of,  powers  and  duties  of 
Elderly  persons  (see  Aging  persons) . 

Elected  officials,  retirement  of  (see  Retirement  systems  and  pen- 
sions). 
ELECTIONS : 

absent  voting,  "armed  forces  of  the  United  States",  further 
definition  of,  under  law  relative  to  ...  . 

counting  of  absentee  ballots  where  voting  machines  are  used, 

procediu-e  relative  to    . 
privilege  of,  further  extension  of  ..... 

Amesbury,  fire  department,  permanent  members  of,  forty-eight 
hour  week  for,  submission  to  voters  of  question  relative  to 
ballots,  names  of  candidates,  appearance  more  than  once  on, 
restriction  as  to  . 
arrangement  of,  on  .  .  _       .  .  .      _    . 

campaign  contributions,  elected  public  officers  by,  relative  to 
candidates,  arrangement  of  names  on  ballots,  relative  to    . 
number  of  times  name  may  appear  on  official  ballots  for  a  par- 
ticular office,  restriction  as  to         . 
conservation  district  supervisors,  election  of,  relative  to     . 
Maiden,  wards,  of,  relative  to  ....  . 

Newton,  political  wards,  of,  increased,  aldermen  and  school  com 

mittee  members,  number  of,  increased    . 
nominations,  certificates  of,  filing  of,  relative  to 

papers  for,  certificates  of,  filing  of  for  city  officers,  relative  to 
state  primaries,  at,  number  of  signatures  required  for,  relative 
to 


296 
547 

1.2 
1.2 

350 

257 
537 

2 

2 

18 

453 
514 

12 
1-6 

79 

102 
101 

6 

127 
225 
530 
225 

127 
244 
500 

532 

31 

114 

183 


1,2 


1-3 
1-6 

1.2 


1066  Index. 

Chap.  Section. 

ELECTIONS  —  Concluded. 

petitions  for  adoption  of  plan  of  government,  appeals  from  board 

of  appeals  acting  on,  judicial  review  of,  providing  for  155 

Plan  E  charter  form  of  government,  cities,  certain,  under,  filling 

vacancies  of  elective  bodies,  in,  relative  to      .  .  .     230 

election  by  proportional  representation  of  members  of  city 

council  and  school  committee  in  cities  under,  providing  for     152  1-4 

political  committees,  further  definition  of  under  laws  relative  to     224 
non  elected,  further  regulation  of  .  .  .  .  .     287 

public  employees,  political  activities,  regulation  of   .  .  .     644 

elective,  campaign  contributions  by,  permission  for        _.  .     630 

Revere,  city  council,  school  committee,  members  of  nomination 
of  by  preliminary  elections,  election  of  by  ordinary  plu- 
rality voting,  providing  for  .  .  .  140  1-3 

statements  of  expenses,  candidates,  of,  filing  of,  relative  to         .  <  270 

state  primaries,  signatures  required  for  nomination  at,  number 

of,  relative  to       .......  .     183  1, 2 

wards,  cities  of,  redivision  of,  prohibition  of,  during  current  year     665 
Electric  companies  (see  Gas  and  electric  companies). 
Electric  railroads  (see  Railroads.) 
Electricians,  state  examiners  of  (see  Civil  service  and  registration, 

department  of). 
Elevators,  minors,  certain,  employment  relative  to  operating,  clean- 
ing or  repairing  of,  prohibition  on  ....     240  1-3 

proposed  legislation  relative  to,  study  by  board  of  elevator  regu- 
lators .  .  .  .  .        Resolve       38 

Eligible  lists,  civil  service  laws,  under  (see  Civil  service  laws). 

Embalmers,  further  regulation  on         .....  -     653  1-7 

Emery   Record  Preserving   Company,   payment  by  county   of 

Bristol  of  sum  of  money  to  .  .  .  .         .  •    .  .  •     652 

Eminent  domain,  cases  of,  expediting  of,  investigation  by  judicial 

council  relative  to         ...  .        Resolve     112 

Employees  award  board  (see  Administration  and  finance,  commis- 
sion on). 
EMPLOYERS   AND   EMPLOYEES: 

accident  or  health  policies,  general  or  blanket,  issuance  of,  to 

certain        .  .  .  .  ■  .  .  •  •     327 

aging  persons,  emplojonent  of,  relative  to  ...  .     578  1, 2 

children,  theatrical  or  public  exhibitions,  employment  or  ap- 
pearances in,  of,  regulation  of  .  .     110 
under  sixteen  years  of  age,  employed  or  moving  motor  vehicles, 

of,  prohibited      .  .  .  .  .  .98 

deceased  employees,  payment  of  wages  owing  to,  relative  to         .     562  4 

employers,  income  tax  returns,  employees,  of,  filing  of,  by         .391  1,2 

redefinition  of  under  workmen's  compensation  law,  so  called .       265 
wage  reports,  furnishing  to  employees,  certain,  by  .     655 

employment  security  law,  wages,  further  definition  of,  under,  as 

affecting 279  1,2 

industrial  disputes,  peaceful  settlement  of,  rights  and  duties  as  to     557  1,  2 

insurance  companies  (Insurance). 

medical  reports,  certain,  admissibility  in  evidence  of  .  194 

minors,  certain,  employment  on  certain  types  of  elevators,  or  in 

cleaning  or  repairing  of  elevators,  prohibition  of      .  .     240  1-3 

one  day's  rest  in  seven,  law  requiring,  granting  of  exemptions 

from,  providing  for  .  .  .  .  .93 

wages,  certain,  attachment  of,  as  affecting        ....     467 

women  and  children,  labor  laws,  certain,  pertaining  to,  suspen- 
sion of         ......-•       10 

See  also  Commonwealth;  municipal  officers  and  employees. 
Employment  Security,  division  of  (see  Labor  and  Industries,  de- 
partment of). 
EMPLOYMENT   SECURITY  LAW: 

coverage,  under,  extension  of  .  .  .  .  .     280  1, 2 

dependency  allowance,  amount  of,  under,  increase  of  .  .     635 

information  secured  under,  availability  for  use  in  certain  crim- 
inal actions  of  Commonwealth,  relative  to     .  512 
instnimentalities  of  Commonwealth,  employees,  of,  placed  under     431  1-3 
Metropolitan  Transit  Authority  employees  of,   placing  under 

authorized 509  1,2 

Mystic  River  Bridge  Authority,  employees  of,  placed  under  526 

New  Bedford,  Woods  Hole,  Martha's  Vineyard  and  Nantucket 

Steamship  Authority,  employees  of,  placed  under    .  .     499 

partial  benefits,  payment  of,  under  .  .  .  .  .     673 

wage  reports,  employees  to  be  furnished,  with  .  .  .     655 

wages,  further  definition  of,  under  ......     279  1,  2 


Index.  1067 

Chap.  Section. 

Encumbrances,  property  on  (see  Mortgages). 
Engines  or  parts,  automotive  (see  Motor  Vehicles). 
Entry  of  actions  (see  Actions,  civil). 
Equity,  jurisdiction,  extension  of  to  district  courts,  investigation  by 

judicial  council  relative  to     .  .  .  .        Resolve       73 

specific  performance  in,  suits  for,  relative  to      .  .  .     439  1-3 

Erving  Montague  Veterans  Memorial  Bridge,  certain  bridge  on 

route  63  designated  as  .  .  .  .  .  .221 

Erving,  town  of  (see  Cities  and  towns) . 
ESSEX   COUNTY: 

appropriation  for  maintenance  of,  etc.      .....     603  1 

tuberculosis  hospital,  expenditures  for  maintenance,  etc.,  of  542 

Wells,  Earl  E.,  payment  of  sum  of  money  to,  by       ...       58 
Estates,  small,  informal  administration  of,  providing  for  .  562  1 

taxation  of  (see  Taxation). 
Evangelical  Congi-egational  Church  of  Oakham,  conveyance  of 

certain  premises  to        ......  .     377 

Evidence,  criminal  cases,  accounts  and  entries,  certain,  admissibility 

of,  in 442  1,2 

transcripts  of  evidence  in,  relative  to    .  .  .  .  .187  1,2 

Interstate  Commerce  Commission,  schedules,  classifications  and 
supplements  thereto  on  file  with,  admissibility  of,  in  evi- 
dence without  certification,  providing  for  .     292 
medical  reports,  employers   and  insurance  companies,   of,   ad- 
missibility of  in  workmen's  compensation  cases       .          .     194 
Examinations,  civil  service  (see  Civil  service  laws). 
Excise  tax  (see  Taxation,  excise  tax). 

Executions,  summary  process,  in,  further  stay,  of,  relative  to  .     264  1,  2 

Executive  council  (see  Governor  and  council). 

Executive  department,  stenographer,  assistant  to,  position  of,  es- 
tablishment of,  in         .  .  .  .  .  .     156 

EXECUTORS   AND   ADMINISTRATORS: 

co-operative  banks,  deposit  of  certain  moneys  on  paid-up  shares  |  oi  i  no 

and  accounts  of,  by,  providing  for  .  .  .  .1  o.g  '  i 

creditors  of  estates,  actions  by,  notices  relative  to,  filing  in  pro- 
bate courts,  of     .  .  .  .  .  .     552  1,  2 

estates,  liens  on,  powers  and  duties  as  to  .  .  .  .     595  1-3 

notices,  certain,  to  devisees  and  legatees,  by,  providing  for  465  1-4 

removal  of,  appointment  to  fill  vacancy  caused  by,  petition  for, 

relative  to  ........     478  1 

trust  estates,  tax  deduction,  for,  not  applicable  to  executors  act- 
ing as  trustees  .  .  .  .  .         _.  .     387  1, 2 

voluntary   administrators,   small  estates,  informal   administra- 
tion of,  by 562  1-8 

See  also  Fiduciaries. 
Exemption  from  taxation  (see  Taxation). 
Explosives,  storage  and  use,  certain,  of,  relative  to  .  .  .69 


Fairhaven,  harbor,  improvement  of,  investigation  and  study  by  de- 
partment of  public  works  relative  to,  continued    Resolve       40 
town  of  (see  Cities  and  towns). 

Fall  River,  city  of  (see  Cities  and  towns). 

Falmouth,  town  of  (see  Cities  and  towns). 

Federal  banks,  loan  associations  and  credit  unions  (see  Banks  and 
banking). 

Federal  government  (see  United  States). 

Federal  National  Linen  Service  Co.,  payment  by  city  of  Boston  of 

sum  of  money  to  .  .  .  .  .  _       •     229 

Federal  savings  and  loan  associations  (see  Banks  and  banking). 

Feeble  minded  persons,  commitment  of  to  state  schools,  district 

court  judges  by  .  .  .  •  •  •       .   •     218 

Fees,  barber  shops,  registration  certificates,  of,  renewal  fees,  for,  in- 
creased       .  .  .  .  .  .  •  ■     355 

clerks  of  courts,  certain,  of,  increase  in    .  .  .  .  .  <  Q24 

common  carriers,  plates  issued  to,  transfer  of,  for      .  .  .  553 

entry  fees,  civil  actions,  in,  waiver  of  for  destitute  persons         .  582 
hairdressers,  board  of  registration  of,  licenses,  certain,  issued  by, 

renewal  fees                              .          •  .       •  .        ■  ^^^ 
journeyman  electrician,  applicants  for  registration  as,  fees  pay- 
able by,  further  regulation  of         ....         .  190  2 


6 

1.2 

123 

633 

28 

1.2 
1-3 

78 

1,2 

1068  Index. 

Chap.  Section. 

Fees  —  Concluded. 

master  electricians,  applicants  for  registration  as,  fees  payable 

by,  further  regulation  of        .  .  190  1 

plumbers,  renewal  licenses,  of,  fee  for,  increased         .  .     200 

volunteer  fire  companies,  motor  vehicles,  of  registration  fee,  for, 

waiver  of    ........  •     241 

Females  (see  Women). 

Fernald,  Walter  E.,  State  School,  blind  unit,  at,  designated  as 

Ransom  A.  Greene  Building  .....       21  1, 2 

Fidelity  bonds  (see  Bonds). 

Fiduciaries,  co-operative  banks,  deposit  of  certain  moneys  on  paid  1  oV,  jo 

up  shares  and  accounts  of,  by,  providing  for  .  .  .  j  „.„  i    o 

removal  of,  appointment  to  fill  vacancy  caused  by,  petition  for, 

relative  to 478  1-3 

See  also  Executors  and  administrators;  Trustees. 
Finance,  administration  and,  commission  on  (see  Administration  and 
fimance,  commission  on), 
cities,  towns  and  districts,  of  (see  Municipal  Finance), 
counties,  of  (see  County  finance). 
Fire  departments,  Amesbury,  fixe  department,  permanent  members 
of,  forty-eight  hour  week  for,  submission  to  voters  of  ques- 
tion relative  to    . 
Andover,  Williams,  George  C.,  Hilton,  Henry  L.,  members  of, 

payment  of  sum  of  money  to,  by  . 
call  firefighters,  towns  of,  disability  retirement  rights,  of    . 
Fairhaven,  call  members,  of,  civil  service  status  of,  relative  to   . 
Hull,  chief  of,  office  of,  placing  under  civil  service  laws,  of,  pro- 
viding for  ......... 

motor  vehicles,  owned  by  town  firemen  and  call  firemen,  display 

of  red  lights  upon,  relative  to         ....  .     306 

reserve  members,  of,  permanent  appointments  for,  refusal  of,  by, 

relative  to  ........     136 

reserve  or  call  firemen,  creditable  service  for  retirement  purposes, 

of,  relative  to       .  .  ._         -  ._        ._         .  .     268 

volunteer  fire  companies,  motor  vehicles,  of,  registration  fee,  for, 

waiver  of    . 
Wakefield,  members  of,  placing  under  civil  service,  of,  relative  to 
Worcester,  Duffy,  James  F.,  reinstatement  as  member  of  fire  de- 
partment for  retirement  purposes,  by,  authorized    . 
Fire  District  Number  Two  in  the  town  of  South  Hadley,  borrow- 
ing of  money  for  water  purpo.ses,  by,  authorized 
limits  of,  extended  ........ 

Fire  districts  (see  Districts). 
Fire  fighters  (see  Fire  departments). 

Fire  prevention  regulations,  board  of  (see  Public  Safety,  Depart- 
ment of). 
Fire  warden,  state  (si?e  Natural  Resources,  department  of). 
Fire,  water,  light  and  improvement  districts  (see  Districts). 
Fires  and  fire  prevention  and  protection,  industrial  establish- 
ments, free  egress  in  cases  of  fire,  in,  relative  to     .  .     349 
First  Parish  Church  of  Westwood,   acts,  deeds  and  votes  of, 

validated  and  confirmed        ......     593  1 

First  Parish  in  Bradford,  trustees,  certain,  of,  holding  of  addi- 
tional real  and  personal  estate,  by,  authorized  .  .  8 
First  Parish  of  Westwood,  United  Church,  The,  acts,  deeds  and 

votes  of,  validated  and  confirmed  ....     593  2 

Fiscal  survey  commission,  establishment  of  Resolve       20 

final  report  of,  time  for  extended     ....        Resolve       90 

scope  of,  increased  ......      Resolves  <  ,q^ 

Fish,  swordfish,  fresh,  importation  of,  regulation  on         .  .  .     186 

FISH   AND   FISHERIES: 

trout,  taking  of  in  coastal  waters,  regulation  on         .  .99 

Fisheries  and  game,  division  of  (see  Natural  Resources,  depart- 
ment of). 

Fishing  licenses  (see  Licenses  and  permits). 

Fish  pier,  state  (see  State  fish  pier). 

Fitchburg,  city  of  (see  Cities  and  towns). 

Flats,  examination  of  and  samples  of  shellfish  therein,  department 

of  public  health,  by 243  1,2 

Foreign  corporations  (see  Corporations). 

Forest  wardens,  appointment  of,  relative  to  ....     104 

red  lights,  display  of  on  vehicles  owned  by        ...  .     306 


241 
60 

1-3 

242 

1.2 

412 
489 

1.2 
1-3 

Index.  1069 

Chap.  Section. 

Forests  and  parks,  division  of   (see  Natural  Resources,  depart- 
ment of). 
Forty-second  Infantry  Division  of  the  national  association  Rain- 
bow   Division   Veterans,   annual   reunion   of,   in   city  of 
Boston,  proper  representation  of  commonwealth  at,  pro- 
viding for  .  .  .  Resolve         4 
Framingham,  town  of  (see  Cities  and  towns). 
Francisco,  Peter,  March  fifteenth,  set  apart  as  day  in  recognition 
of  heroic  contribution  toward  success  of  American  Revolu- 
tion, by       ........  .      124 

FRANKLIN   COITNTY: 

appropriation  for  maintenance  of,  etc.      .....     603  1 

bridge,  certain,  in,  transfer  to  state  department  of  public  works, 

by 466 

recreational,    industrial    and    agricultural   advantages    of,    pro- 
motion of,  amount  of    money  to  be  expended  for  pur- 
poses of,  by,  increased  ......  9 

Fraternal  Benefit  Societies,  benefits,  payment  of,  contracts  with 

insurance  companies  for  purposes  of,  by,  authorized         .     398 
children,  total  death  benefits  payable  on  lives  of,  by,  restrictions 

as  to,  removal  of  .......     103 

funds,  of,  investment  of,  relative  to  .  .  .  .  .  i  ^^'^ 

Freight,  carriers  of  (see  Carriers). 

Frozen  desserts,  further  defining  of     .  .  .  .  .     G64  1,  2 

FUNDS: 

in  general,  solicitation  for  charitable  purposes,  of,  relative  to  .     559 

banks,  of  (see  Banks  and  banking). 

federal  (see  Federal  emergency  laws). 

municipal  (see  Municipal  finance). 

school  (see  Schools,  public). 

state  (see  State  finance). 

See  also  Trusts. 
Funeral  directors,  death  certificates  or  burial  permits,  use  of  name 

in  connection  with,  by,  relative  to  ...  .     43S 

further  regulation  on     .......  .     653  1-7 


G. 

Gambling,  existence  and  extent  of,  special  commission  to  investi- 
gate and  study,  revived  and  continued  .  .        Resolve       80 
Games  and  Sports,  bsaeball,  plasang  beyond  hour  of  six  thirty  post 

meridian  on  the  Lord's  day,  relative  to  ...     132 

Garage  owners,  vmclaimed  motor  vehicles,  certain  stored  with,  sale 

of,  by,  providing  for     .......     585 

Garden  cemetery,  trustees  of,  abolishment  of,  transfer  of  powers 
and  duties  to  board  of  park  commissioners  of  city  of 

Chelsea 182  1,2 

Gamer,  George,  retirement  contributions  and  retirement  rights,  of, 

relative  to  ....  ....     586  1-3 

William,  retiremenl  contributions   and   retirement   rights,  of, 

relative  to 586  1-3 

Gas  and  Electric  Companies,  investment  of  funds,  by,  regulation 

of 95  1,2 

Worcester  County  Electric  Company,  lines,   poles  and  equip- 
ment, certain,  of,  locations  of  made  lawful      .  .  .     317  1, 2 
GENERAL   COURT: 

in  general,  acts  and  resolves,  number  passed  by      .  .  .  Page  813 

committees,     transportation,     investigation     during     recess, 

by Resolve     109 

witnesses  refusing  to  testify  before,  penalty  for         .  .     454 

former  members,  of,  deceased,  return  of  certain  moneys  paid 

into  state  retirement  fund,  by,  providing  for      .  .  615 

general  laws,  revision,  recodification,  consolidation   and  ar- 
rangement of,  commission  for,  final  report,  by,  to,  time 
for,  extended        ......        Resolve       35 

legislative  research  council  and  legislative  research  bureau, 

establishment  of,  for    .  .  .  .  .     607  1, 2 

Metropolitan  Transit  Authority,  extension  of  rapid  transit 
facilities  to  Arlington  and  Cambridge,  report  relative  to, 
time  for  filing  of,  with  ......     263  ,  1,  2 


1070  Index. 

Chap.  Section. 

GENERAL    COURT  —  Concluded. 
in  general  —  Concluded. 

sergeant-at-arms,  evacuation  of  state  house  in  certain  emer- 
gencies, preparation  of  plans  for,  by       .  .  .  .34 

witnesses,  refusal  of  to  testify  before  either  branch  or  special 

committees  on  communism,  penalty  for  .  .  454 

house  of  representatives,  clerk  of,  highway  program,  accel- 
erated, reports,  certain,  in  connection  with  filing  of,  with     403  6-10 
Tompkins,  Harold,  former  member  of,  widow  of,  payment  by 

commonwealth  of  compensation  to  .  .        Resolve     105 

senate,  clerk  of,  highway  program,  accelerated,  reports,  certain, 

in  connection  with,  filing  of,  with  ....     403  6 

General  Laws,  changes  in,  table  of       .....  .  Pages  825-1037 

revision,  recodification,  consolidation  and  arrangement  of,  final 
report  of  commission  established  for  purposes  of,  time  for, 
extended     .......        Resolve       35 

George,  Elmer  E.,  payment  by  commonwealth  of  sum  of  money 

to       .......  .        Resolve         5 

Gibbs  Cemetery  Association,  Inc.,  real  and  personal  property  of, 

transfer  of,  to  town  of  Somerset,  by        .  .  .  .12  1-4 

Gloucester,  city  of  (see  Cities  and  towns). 

state  fish  pier,  corporation  organized  for  administration  of,  mem- 
bership of,  financial  reports,  of,  relative  to      .  .  .     252  1-3 
repairs,  certain,  at,  authorized     ......     480 

Gold  Star  Mothers,  American,  national  convention  in  city  of  Bos- 
ton, proper  representation  of  commonwealth  at,  provid- 
ing for         .......        Resolve       36 

GOVERNOR: 

in  general,  budget  of  (see  Appropriations). 

highway  program,  accelerated,  progress  reports  as  to,  filing  of, 

with 403  10 

veto  by Page  813 

appointments  by,  advisory  board,  department  of  public  wel- 
fare, of,  five  members  of        .....  .     646  3 

agriculture,  board  of,  seven  members  of         ...  .     674  1 

council  for  the  aging,  four  members,  of  .  .  .  .     537  1-3 

Massachusetts  maritime  academy,  two  commissioners  of     .     594  2 

stenographer,   assistant  to,  position  of,  establisliment  of,  in 

executive  department  .......     156 

powers  and  duties,  Francisco,  Peter,  March  fifteenth  set  apart 
as  day  for  proper  observance  of  heroic  contribution  to 
American  Revolution,  proclamation   annually  for,  issu- 
ance of,  by  ........     124 

industrial  disputes,  peaceful  settlement  of,  as  to   .  .  .     557  1, 2 

New  England  Higher  Education  Compact,  as  to    .  .  .     589  1-6 

Veterans  Day,  November  eleventh  designated  as,  proclamation 

for 661  1, 2 

GOVERNOR  AND    COUNCIL: 

powers  and  duties,  land,  certain,  owned  by,  sale  of  to  town  of 

Bolton 468 

New  England  Higher  Education  Compact,  as  to  .  .  .     589  1-5 

state  departments,  reorganization  of,  changes  in  functions  of, 

as  to  .  •.-.•.■  •  .263  10 

Grade  crossings,  Lawrence,  certain,  in,  installation  of  manual  op- 
erative gates  at,  investigation  and  study  relative  to,  pro- 
viding for   .......        Resolve       72 

Waltham,  certain,  in,  abolishment  of,  providing  for  .  .     491 

Granby,  town  of  (see  Cities  and  towns). 

Great  ponds,  certain,  submerged  weeds  in,  elimination  or  control 
of,  joint  board  to  investigate  and  study,  scope  of,  in- 
creased       .......        Resolve       65 

lowering  of  waters,  of,  further  regulations  on    .  .  258 

Greene,  Ransom  A.,  Building,  blind  unit  at  Walter  E.  Fernald 

State  School  designated  as    .  .  .  .  .  .21  1, 2 

Greenfield,  town  of  (see  Cities  and  towns). 

Green  head  fly  control  projects,  further  regulation  of  .  388  1,2 

Guaranty  funds,  co-operative  banks,  savings  banks,  of,  relative  to     463  1,  2 

Guardians,  co-operative  banks,  deposit  of  certain  moneys  on  paid  up  J  izj  ._„ 

shares  and  accounts  of,  by,  providing  for  .  .  1  g^^  1  2 

removal  of,  appointment  to  fill  vacancy  caused  by,  petition  for, 

relative  to 478  2 

See  also  Fiduciaries;  Probate  courts. 
Gypsy  moth  control  program,  establishment  of  .  .  .     148  1-5 

proportionate  cost  of,  relative  to     .....  .     475  1, 2 


Index. 


1071 


H. 


Hadley,  town  of  (see  Cities  and  towns). 

Water  Supply  District,  boundaries  of,  establishment  of     . 
water  purposes,  borrowing  of  money  for,  by,  authorized 
Haduk,    Lewis,    payment    by    commonwealth    of   sum    of   money 
to       .......  .        Resolve 

Hairdressers,  licenses  of,  renewal  fee,  for  .... 

Halls,  owned  bj^  certain  churches  and  synagogues,  license  fee,  for, 
exemption  from  payment  of  ..... 

Hampden  county,  appropriation  for  maintenance  of,  etc. 

master  in  chancery,  additional,  for,  providing  for 
Hampshire  county,  appropriations  for  maintenance  of,  etc.  . 

Lake  Metacomet,  public  access  to,  right  of  way  for  purposes  of, 
establishment  of,  by,  providing  for  .... 

land,  certain,  purchase  of  to  expand  parking  facilities  or  facilities 
of  county  court  building,  by  ..... 

Handicapped  children  (see  Children). 

Harbors  (see  Waters  and  waterways). 

Harvard,  town  of  (see  Cities  and  towns). 

Health,  local  boards  of,  atmospheric  pollution,  powers  and  duties  as 

to 

motels,  licensing  of,  powers  and  duties  as  to     . 
Higgins,  George  S.,  patrolman  in  town  of  Winchendon,  civil  serv- 
ice status,  for       ........ 

High  blood  pressure,  control  of,  special  commission  to  investigate 
and  study,  membership  of,  increased,  existence  of,  con- 
tinued        .......        Resolve 

Higher  Education  Compact,  New  England,  powers  and  duties  of 

commonwealth  as  to    . 
High  schools  (see  Schools). 
Highway  fund  (see  State  finance) . 
Highway  program,  accelerated,  providing  for        .... 

Highway  Safety  Committee,  Massachusetts,  membership  of,  in- 
creased      ......... 

Highways  (see  Ways). 

Hillcrest  Sewer  District,  establishment  of  . 

Hilton,  Henry  L.,  payment  by  town  of  Andover  of  sum  of  money  to 
Hingham,  town  of  (see  Cities  and  towns). 

Hit  and  run  accidents,  commencement  of  actions  arising  out  of, 
time  for,  change  in       ......  . 

Holidays,  certain,  observance  of,  on  Monday  nearest  date  of  said 
holidays,  providing  for  ...... 

Hopkinton  Athletic  Association,  Inc.,  revival  of  for  certain  pur- 
poses ......... 

Hopkinton,  town  of  (see  Cities  and  towns). 

Horse  and  dog  race  meetings  conducted  under  the  pari-mutuel 
system  of  wagering,   employees,  of,  employment  and 
discharge  of,  relative  to         .....  . 

HOSPITALS: 

Burke,  Bessie  M.  Memorial  Hospital  and  Infirmary,  Lawrence 

Municipal  Hospital  and  Infirmary  designated  as 
Children's  Hospital,  Infants  Hospital,  maintenance  and  operation 
in  common  medical  center,  by        ....  . 

Gushing  Hospital,  elderly  persons,  for,  establishment  of     . 
Massachusetts  General  Hospital,  conveyance  by  city  of  Boston 
of  certain  land  to  ......  . 

Massachusetts  Hospital  School  and  Hospital  for  State  Minor 

Wards,  transfer  to  department  of  public  health,  of 
Medfield  State  Hospital,  fire  warning  signal,  installation  at,  pro- 
viding for  .  .  .  .  .  . 

medical  officers,  of,  causes  of  death,  typing  or  printing  of,  on 

death  certificates  issued  by  . 
Memorial   Hospital,    holding   of  additional  real   and   personal 
estate,  by,  authorized  ....... 

Monson  State  hospital,   infirmary  for  men  at,  designated  as 
Joseph  L.  Simon  Building     ...... 

physical  therapy  department,  at,  establishment  of 
Shattuck,  Lemuel,  Hospital,  admissions  to,  charges  thereat,  rela- 
tive to         ........  • 

state  hospitals  for  insane,  boarding  out  of  patients,   cost  of,  f  189 
relative  to  .  .  .  .  .  .  .  -  •  1 589 

Hospital  service  corporations,  non-profit,  contracts,  certain,  with 

governmental  agencies,  making  of,  by,  authorized  .  .     513 


hap. 

299 

1 

Section. 

1-4 
1.2 

.50 
501 

l.'jS 
603 
.385 
603 

1 

1.2 

1 

339 

1-5 

506 

1.  2 

672 
134 


205 


113 

589 


403 
425 


612 
133 


107 
128 


283 


323 


170 


137 
173 


20 
670 


522 


3.4 
4,  5,  6 

1,  2 


1-5 

1-12 


1-16 
1.  2 


1.  2 


1-4 


261 
469 

1-4 
1-6 

310 

508 

1-5 

315 

1.  2 

1,  2 
1.  2 


2.  4 


1072 


Index. 


Chap. 


Hotels  (see  Lodging  houses  and  hotels;   Motels). 
Hours  of  labor  (see  Labor). 
House  of  representatives  (see  General  Court). 
Houses  (see  Buildings;   Dwelling  houses). 

Housing  authorities,   local,   bonds,  certain,  of,  issuance  of,  by, 
relative  to  . 
Chelsea  Housing  Authority,  transfer  by  city  of  Chelsea  of  Union 
Park,  to      .......  . 

dissolution,  of,  procedure  as  to         . 
gas,  electric  or  heating  distribution,  systems,  certain,  disposition 
of,  by,  authorized         ...... 

housing  projects,  elderly  persons  with  low  income,  for,  powers 

and  duties  as  to  ,         _. 

"mayor",  redefinition  of,  as  used  in  laws,  relative  to 
members  of,  certain,  appointment  of,  validated 

eligibility  of,  relative  to       .....  . 

net  incomes  of  tenants,  computation  of  for  certain  purposes, 
exclusion  of  insurance  payments,  from,  providing  for 
Housing  Board,  State,  chairman,  delegation  of  authority  to  em- 
ployees of,  by,  providing  for  .... 

urban  renewal  programs,  powers  and  duties  as  to 
disposal  of  certain  gas,  electric  or  heating  distribution  systems 

housing  authorities,  by,  approval  of,  by 
housing  authorities,  dissolution  of,  powers  and  duties  as  to 
state  aided  projects,  sale  of,  conditions  of,  further  defining  of 
Housing  projects,  elderly  persons  of  low  income,  for,  providing  for 
net  incomes  of  tenants,  computation  of  for  certain  purposes,  ex- 
clusion of  insurance  payments,  from,  providing  for 
state  aided,  conditions  of  sale  of,  further  defining  of 
veterans,  in,  citizenship  status  of,  relative  to    . 
Hull,  town  of  (see  Cities  and  towns). 
Hunting  licenses  (see  Licenses  and  permits). 
Hurricane,  financial  burdens  imposed  by,  alleviation  of 
Hurst,  Arline  M.,  acts  as  notary  public  validated  .        Resolve 

Husband  and  wife,  tenancy  by  entirety,  husband  permitted  to  con- 
vey directly  to  himself  and  wife  for  purpose  of  creating   . 
Hypodermic  instruments,  possession  of,  further  regulation  of 


o07 

54 

72 

116 

667 
71 
71 

42S 

629 

396 
643 

116 

72 

676 

667 

629 
676 
625 


689 
9 


395 
226 


Section. 


1-4 


1,  2 
1.  2 


1,  2 
1 
2 

1-4 


1.  2 


1.  2 


1-7 


1,  2 
1.  2 


I. 

Ice  boxes  (see  Refrigerators). 

Ice  cream  mix,  further  defining  of       .....  .     664 

Immoral  conduct,  permitting  premises  to  be  used  for,  penalty  for  .       61 
Income  tax,  division  of  (see  Corporations  and  taxation,  depart- 
ment of). 
Incomes,  taxation  of  (see  Taxation,  incomes  of). 
Indebtedness,  commonwealth,  of  (see  State  finance), 
county  (see  County  finance), 
evidences  of  (see  Bonds;    County  finance;    Municipal  finance; 

State  fiiiance). 
municipal  (see  Municipal  finance). 
Industrial  disputes,  peaceful  settlement  of,  relative  to  557 

Industrial   homework,    laws  relative   to,   special   commission   to 

study  .......       Resolve     100 

Infants  hospital  (see  Children's  Hospital). 

Injiu-y  cases  (see  Actions,  civil;    Practice  in  civil  actions;    Work- 
men's compensation). 
Inns  (see  Lodging  houses  and  hotels). 

Insolvency,  judges  of  (see  Probate  and  insolvency;   Judges). 
Institutions,  charitable  (see  Corporations). 

medical  (see  Medical  institutions;  Hospitals), 
penal  (see  Penal  institutions). 

savings,  for  (see  Banks  and  banking;  Savings  banks). 
INSURANCE: 

in  general,  agents  and  brokers,  insurance  premiums,  payments 

for,  financing  of,  by     .  .  .  .  .  .  .     464 

laws  relative  to,  certain  provisions  of,  investigation  and  study 

by  special  commission  relative  to  .  .        Resolve     122 

classes  of  insurance : 

accident  and  health  policies,  individual,  relative  to  .  .     275 

accident  or  health,  dividends,  not  payable  on         .  .  .     318 

general  or  blanket  policies  of,  insurance  of,  relative  to  327 

annuity  contracts,  dating  of,  relative  to        .  .  .  .66 


1.2 


1.2 


1-5 


Index.  1073 

Chap.  Section. 

INSURANCE  —  Concluded. 

classes  of  insurance  —  Concluded. 

boxing  or  sparring  matches,   insurance   for   contestants,  in, 

providing  for  .  .  .  .177 

life,  group,  policies  for,  dating  of,  relative  to  .  .  .66 

incontestable  clause  of,  relative  to  ...  .     284  1,  2 

insurance  employees,  certain,  for,  payment  of  premium 
charges  for,  relative  to       .  .  .  .  .  .75 

motor  vehicle  liability,  medical  examinations,  certain  in  con- 
nection with,  reports  of,  furnishing  of  copies  of,  by  334 
service  charges,   certain,   in   connection  with   securing   of, 
relative  to  .          .          .          .          .          .          .          .          .     274 

companies : 

in  general,  boilers  and  machinery,  inspection  of,  by         .  .     266 

capital  stock,  shares  of,  par  value  of,  relative  to  .  .     320  1-5 

insurance,  purchase  thereof  by  stockholders,  of,  relative  to  .     294 
medical  reports,  certain,  by,  admissability  in  evidence  of    .      194 
motor  vehicle  liability  policies,  medical  examinations,  cer- 
tain, reports  of,  furnishing  copies  of,  by  .  .  .     334 
domestic,  employees,  certain,  of,  accident  and  health  insurance 

coverage  for,  by  providing  for        .....     247 

mortgages,  investments  in,  by,  relative  to .  .  .  .     176 

unencumbered  real  property,  further  definition  of,  for  mak- 
ing of  loans  on,  by        .......       65 

fraternal  benefit  societies,  benefits,  of,  payment  of,  contract 

for  purposes  of,  making  of,  with,  authorized    .  .  .     398 
life,  domestic,  accident  or  health  policies  issued  by,  relative  to     318 
employees,  of,  insuring  lives  of,  by,  relative  to         .  .75 
incontestable  clause  in  group  life  policies  issued  by,  rela- 
tive to ,   .  .284  1,2 

investments  in  Massachusetts  voluntary  associations  and 

trusts,  by,  relative  to         .  .  .  .  .  .111  1,2 

real  property,  held  for  investment  purposes,  reduction  of 
value  of,  by     .  .  .  .  .  .  .  .68 

stockholders,  of,  purchase  of  insurance  by,  relative  to     .     294 
See  also  Workmen's  compensation. 
Interstate  carriers  (see  Carriers). 

Interstate  Commerce  Commission,  schedules,  classifications  and 
supplements  thereto  on  file  with,  admissability  in  evidence 
without  certification,  of,  providing  for    ....     292 

Ipswich,  town  of  (see  Cities  and  towns). 


J. 

Jails  (see  Penal  and  reformatory  institutions,  counties  of). 

Judgments,  summary  process,  in,  further  stay  of,  providing  for       .     264  1,  2 

JUDICIAL   COUNCIL: 

district  courts,  extension  of  equity  jurisdiction  to,  investigation 

relative  to,  by     .  .  .  .  .  .        Resolve       73 

trials,  in,  notice  to  accused  of,  investigation  of,  by      Resolve       27 
eminent  domain  cases,  expediting  of,  investigation  relative  to, 

by      .......  .        Resolve     112 

larceny,  crime  of,  investigation  relative  to,  by  .        Resolve       11 

married  women,  conveyance  of  property  by,  investigation  rela- 
tive to,  by  ......        Resolve       10 

motor  vehicles,  operation  under  influence  of  liquor,  to  be  crim- 
inal offense  regardless  of  where  occurring,  to  investigate 
and  study  .......        Resolve       39 

real  estate,  motor  vehicles,  conveyances,  certain  of,  investiga- 
tion relative  to,  by       .  .  ...        Resolve       63 

speedy  trial,  cases,  certain,  removed  from  district  courts  to  su- 
perior courts,  for  investigation  relative,  to,  by       Resolve       43 
stop  payment  orders,  certain,  providing  for,  investigation  rel- 
ative to,  by  .  .  .  .  .  .        Resolve       46 

subversive  organizations,  search  warrants,  issuing  of  to  seize 
certain    documents    of,    advisability    of,    study    relative 
to       .......  .        Resolve       92 

Jurek,  Anna  J.,   payment  by  Commonwealth  of  sum  of  money 

to       .......  .        Resolve         6 

Juvenile  delinquents,  custody,  certain,  of,  investigation  and  study 

by  Youth  Service  Board,  relative  to       .  .        Resolve       86 

problem  of,  investigation  and  study  by  state  youth  commission, 

of       .......  •        Resolve       18 


1074 


Index. 


K. 


Chap. 
52 


Karplus,  Walter,  payment  by  town  of  Littleton  of  sum  of  money  to 

Kingston,  town  of  (see  Cities  and  towns). 

Korean  War,  veterans  of  (see  Veterans). 

Kumpey,  Yvette  C,  acts  as  notary  public  validated      .        Resolve       13 


Section. 
1.2 


L. 

LABOR: 

children,  theatrical  or  public  exhibitions,  employment  or  appear- 
ances in,  of,  regulation  of      .  .  .  . 

under  sixteen  years  of  age,  employment  on  moving  motor  ve- 
hicles, of,  prohibited     .  .  . 
disputes,  peaceful  settlement  of,  relative  to       . 
explosives,  storage  and  use,  certain,  of,  relative  to     . 
minimmn  wage  law,  so  called,  further  defining  of  word  "occupa- 
tion", under         .           .           .           .  .  .  . 

minors,  employment  of,  investigations  relative  to,  by  authorized 

representatives  of  department  of  labor  and  industries 

employment  on  certain  types  of  elevators,  or  in  cleaning  or  re 

pairing  of  elevators,  prohibition  on         .  .  . 

one  day's  rest  in  seven,  law  requiring,  granting  of  exemptions 

from  provisions  of,  providing  f or   . 
private  detectives,  use  of,  for  organization,  spying,  etc.,  for  pur 

poses,  of,  restriction  as  to     . 
wages,  certain,  attachment  of,  further  regulation  of 
women  and  children,  labor  laws,   certain,   pertaining  to,  sus- 
pension of,  relative  to  ...... 

LABOR   AND    INDUSTRIES,    DEPARTMENT   OP: 

in  general,  children,  under  sixteen  years  of  age,  employment  on 

moving  motor  vehicles,  enforcement  of  prohibition  on,  by 

explosive  materials,  storage  or  use  of  in  places  of  employment, 

powers  and  duties  as  to 
industrial  establishments,  fire  egress,  in,  powers  and  duties  as 

to ,^     • 

minimum  wage  law,  so  called,  further  defining  of  word  "oc- 
cupation", under,  powers  and  duties  as  to      . 
minors,  certain,  employment  on  certain  types  of  elevators,  or  in 
cleaning  or  repairing  of  elevators,  prohibition  on     .  . 

employment   of,   investigation  relative  to,   by   authorized 
representatives,  of        .  .  .  .     _     . 

private  or  proprietary  schools,  further  regulation  on,  powers 
and  duties  as  to  .  .  .  .  •      _    • 

commissioner,  children,  theatrical  or  public  exhibitions,  ap- 
pearance or  employment  in,  of,  powers  and  duties  as  to  . 
council  for  the  aging,  appointment  to,  of       . 
labor  disputes,  peaceful  settlement  of,  powers  and  duties  as  to 
one  day's  rest  in  seven,  law  requiring,  exemptions  from,  grant- 
ing of,  by,  authorized  ....... 

women  and  children,  certain  laws  relative  to,  suspension  of 
application  of,  by,  authorized         .  .  .  .        _  . 

employment  of  the  aging,  division  of,  establishment  of,  in 
employment  security,  division  of,  dependency  allowances, 
amount  of,  increase  in,  duties  as  to         . 
director,  employers,  wage  reports,  furnishing  of  to  employees, 
by,  powers  and  duties  as  to  .  .  .  . 

employees,  certain,  of,  civil  service  status  of,  relative  to 
information,  certain,  of,  availability  to  commonwealth  in  cer- 
tain criminal  actions,  relative  to        ....  . 

partial  benefits,  payment  and  computation  of,  by  . 

standards  and  necessaries  of  life,   director,   weighers  and 
measurers  of  motor  vehicles,  appointment  of  registry  of 
motor  vehicle  employees  as,  by      . 
Labor  Day,  celebration  of,  appropriations  by  cities  and  towns  for 
purposes  of,  authorized  .  .  .  • 

observance  of  on  Monday  nearest  said  day,  providing  for         . 
Lake  Cochituate,  waters  of,  use  of  for  cooling  purposes,  authorized 
Lake  Metacomet,  public  access  to,  establishment  of  right  of  way 
for  purposes  of,  providing  for         .  .  .  .  . 

Lakes  (see  Waters  and  waterways). 
Land  (see  Real  estate). 


110 

98 

657 

59 

174 

291 

240 

93 

544 

467 

10 


1.2 


1-3 


1.2 


59 

349 

174 

240 

1-3 

91 

257 

2 

110 
537 
557 

2 
1.2 

93 

10 

578 

1.2 

635 

655 

587 

512 
673 

386 

149 
128 
336 

339 


1.2 
1-5 


Index.  1075 

Chap.  Section. 

LAND    COURT: 

recorder,  money,  certain,  received  by,  disbursement  of,  relative 

to 308 

Land  forces  (see  Militia). 

Larceny,     crime    of,    investigation    by    judicial    council    relative 

to       .......  .        Resolve       11 

See  also  Criminal  procedure  and  practice. 
Latta,  William  J.  and  Edward  T.,  Memorial  Swimming  Pool, 

certain  swimming  pool  in  city  of  Somerville  designated  as     321 
Lawrence,  city  of  (see  Cities  and  towns). 

Leavitt,  Oral,  payment  by  commonwealth  of  sum  of  money  to        .     263  Item  2931-06 
Lee,  town  of  (see  Cities  and  towTis). 
Lees  river,  pollution  in,  elimination  and  prevention  of,  investigation 

relative  to,  providing  for       ....        Resolve       66 

Legatees  (see  Probate  courts). 

Legislative  research  bureau,  establishment  of     .  .  .  .     607  1,  2 

Legislative  research  council,  establishment  of     .         .         .         .     607  1,  2 

Leicester,  town  of  (see  Cities  and  towns). 

Water  Supply  District,  borrowing  of  money  for  water  purposes 

by 363  1,  2 

Levy  of  executions  (see  Executions). 
Lexington,  town  of  (see  Cities  and  towns). 
LICENSES    AND   PERMITS: 

city  clerks,  renewal  of  licenses,  by,  providing  for        .  .  .139 

engines  or  parts,  renewed,  rebuilt  or  reconstructed,  buying,  selling 
or  manufacturing  of,  licenses  for,  issuing  of  by  registrar 
of  motor  vehicles  .......     392 

fisheries  and  game,  division  of,  revocation  by,  of  certain,  relative 

to .88 

funeral  directors  and  embalmers,  for,  further  regulation  on       .     653  1-7 

hairdressers,  board  of  registration  of,  certain  issued  by,  renewal 

fee,  of 501 

halls,  churches  and  synagogues,  owned  by  license  fee  for,  exemp- 
tion from  payment  of,  providing  for       .  .  .  .158 

journeyman  electrician,  applicants  for  registration  as,  fees  pay- 
able by,  further  regiilation  of         .....     190  2 

Lord's  day,  public  entertainment,  certain,  on,  licensing  of,  rela- 
tive to         ........  .     303 

master  electricians,  applicants  for  registration  as,  fees  payable 
by,  further  regulation  of        .....  . 

motels,  for,  relative  to  . 

minors,  certain,  sporting,  hunting,  fishing  or  trapping  licenses 
for,  relative  to     .......  . 

motor  vehicles,  operators  required  to  exhibit  licenses  when  caus- 
ing injury  to  persons  or  property  ..... 

plumbers,  renewal  licenses,  of,  fee  for,  increased 

theatrical  booking  agents,  personal  agents,  and  managers    for, 

further  regulation  of     . 
trailer  coach  parks,  monthly  license  fees,  of,  relative  to 
Licensing  authorities,  local,  actions  of,  appeals  to^Alcoholie^Bev- 
erages  Control  Commission,  from,  relative  to 
alcoholic  beverages,   sales  of,   at  locations  near  churches  and 
schools,  licenses  for,  regulation  on,  duties  as  to 
Liens,  estates  of  deceased  person,  on,  relative  to     . 

garage  owners,  motor  vehicles,  certain,  stored  with,  on 

water  rates  and  charges,  for   ....... 

Lifeguards,  division  of  public  beaches,  of,  exemption  from  provision 

of  civil  service  law,  for  ......     298 

Life  insurance  (see  Insurance,  classes  of  insurance). 

Limitations  of  actions,  hit  and  run  accidents,  commencement  of 

actions  arising  out  of,  time  for,  change  in        .  .  .     107 

Liquors,  intoxicating  (see  Alcoholic  beverages). 
Little  Mystic  Channel,  harbor  line  around,  re-establishment  and 

extension  of         ........       37  1-3 

Littleton,  town  of  (see  Cities  and  towns). 

Litwack,  John,  acts  as  notary  pujilic  validated     .  .        Resolve       59 

Livestock,  boucellosis,  bovine  animals  in,  control  and  eradication  of, 

relative  to 647  1-4 

certain,  buying  and  selling  of,  regulation  on      .  .  .     647  2—4 

Loans  (see  County  finance;   Municipal  finance;   State  finance). 
Lodging  houses  and  hotels,  immoral  conduct,  permitting  premises 

to  be  used  for,  penalty  for    ......       61 

Logan  International  Airport,  General  Edward  Lawrence  designa- 
tion of         ........  .     361 

employees  of,  reclassification  under  state  retirement  system,  of     455  1,  2 


190 
134 

1 
1-7 

457 

446 
200 

630 

410 

574 

569 
595 
685 
487 

1-3 
1-3 

1-3 

1076 


Index. 


Chap. 


Section. 


Lombard!,  A,  Alfred  street,  certain  street  in  city  of  Somerville  des- 
ignated as  . 

Longfellow  bridge,  underpass  and  approaches,  certain,  thereto, 
study  and  survey  by  metropolitan  district  commission, 
of       .......  .        Resolve 

Longmeadow,  town  of  (see  Cities  and  towns). 

Lord's  Day,   baseball,  playing  of  beyond  hour  of  six-thirty  post 
meridian,  on,  relative  to        .....  . 

petroleum  products,  transportation  of,  on,  authorized 
public  entertainment,  certain,  on,  licensing  of,  relative  to 

Lowell,  city  of  (see  Cities  and  towns). 

Technological  Institute  of  Massachusetts,  new  auditorium  ad- 
ministration building  at,  designated  as  Cumnock  Hall     . 

Ludlow,  town  of  (see  Cities  and  towns). 

Lunch  program,  school  (see  Schools). 

Lunenburg  Water  District  of  Lunenburg,  clerk,  of,  term  of  ofRce 
of,  relative  to       .......  . 

Lussier,  Armand,  payment  by  city  of  Fall  River  of  sum  of  money,  to 

Luther  Henry  Tombyard,  conveyance  of  properties  of,  to  town  of 
Shutesbury,  relative  to  .....  . 

Lynn,  city  of  (see  Cities  and  towns). 

Lynnfield,  town  of  (see  Cities  and  towns). 


659 


16 


132 
217 
303 


448 


35 
129 


22 


1.2 


1.  2 
1,  2 

1-4 


M. 

Machinery,  inspection  of,  insurance  companies,  by         .  .  .     266 

used  in  conduct  of  the  business,  further  defining  of  for  purposes 

of  taxation  ........     435 

Machines,  certain,  use  of  slugs,  counterfeit  coins  or  unlawful  scheme 

to  defraud  purposes  of,  penalty  for         ....     145 

MacNeil,  Mildred  P.,  acts  as  notary  public  validated    .       Resolve       25 
Maiden,  city  of  (see  Cities  and  towns). 

Police  Relief  Association,  corporate  powers,  of,  relative  to         .     378 
Malt  beverages  (see  Alcoholic  beverages). 
Manchester,  town  of  (see  Cities  and  towns). 
Mansfield,  town  of  (see  Cities  and  towns). 
Marblehead,  town  of  (see  Cities  and  towns). 
Marion,  town  of  (see  Cities  and  towns). 

Marriages,  records  relative  to,  impounding  of,  providing  for   .  324 

Martha's  Vineyard  Regional  School  District,   conveyance  by 

commonwealth  of  certain  land,  to  ....     483 

Mashpee,  advisory  commission,  existence  of,  extended    .  .     249 

Post  No.  262,  American  Legion,  conveyance  of  land,  to     .  .     169 

town  of  (see  Cities  and  towns). 
Massachusetts,  Bay  Circuit,  so  called,  usefulness  for  recreation  and 
travel,  of,  investigation  and  study  relative  to,  providing 
for     ........        Resolve       41 

General  Hospital,  conveyance  by  city  of  Boston  of  certain  land 

to .  .  .  .310 

Highway  Safety  Committee,  membership  of,  increased       .  .     425 

hospital  school  and  hospital  for  state  minor  wards,  transfer  to 

department  of  public  health,  of     .  .  .  .     508 

Maritime  Academy,  commissioners  of,  terms  of  office,  niomber 

of,  relative  to       .......  .     594 

Police  Association,  convention  of,  official  delegates  to  be  excused 

from  duty  for  purposes  of  attendance  at  .  .  .     325 

State  College  Building  Association,  holding  of  additional  real 

estate  by,  leasing  of  certain  state  land,  to,  providing  for  .     400 
State  Employees  Association,  dues  to,  payroll  deductions  for, 

authorized  ........     678 

Turnpike,   designation  as  Disabled  American  Veterans  Turn- 
pike, of       ........  .     623 

Turnpike  Authority,  bonds  of,  taxation  of,  relative  to  .     354 

University  of,  Building  Association,  bonds  of,  taxation  of,  rela- 
tive to         .  .  .  .  .  *       .  .  .     436 

trustees  of,  leasing  of  certain  land  by,  powers  and  duties  as  to 

certain  receipts,  by,  relative  to      .  .  .  .     400 

voluntary  associations  and  trusts,  investments  by  domestic  life 

companies,  in       .  .  .  .  .  .  .  .111 

See  also  Commonwealth. 
Master  electricians,  applicants  for  registration  as,  fees  payable  by, 

further  regulation  of    .  .  .  .  .  .     190 

Mattapoisett,  town  of  (see  Cities  and  towns). 
Maynard,  town  of  (see  Cities  and  towns). 


1,2 
1,2 


1-3 


1-5 
1.2 

1-3 

1.  2 

2,3 
1,  2 


Index. 


1077 


MAYORS : 

forest  wardens,  appointment  of,  powers  and  duties  as  to    . 

gypsy  moth  control  program,  powers  and  duties  as  to 

housing  authority  law,  redefinition  under,  of    . 
McConnell,    John   M.,    retirement   contributions    and   retirement 

rights,  of,  relative  to    . 
McGuire,  Isabelle  A.,  and  Owen  K.,  reimbursement  of  certain 

tax  money  by  town  of  Billerica,  to  •  •  . 

McHugh,  Mary  F.,  payment  by  state  airport  management  board  of 
sum  of  money  to  .....        Resolve 

McSweeney,   Charles  H.,   payment  by  county  commissioners  of 

Middlesex  county  of  sum  of  money  to    . 
Meals,  excise  tax,  on,  payment  of,  relative  to  ...  . 

Medfleld,  State  Hospital,  fire  warning  signal,  installation  at,  pro- 
viding for  ......... 

town  of  (see  Cities  and  towns). 
Medford  Post  1012,  Veterans  of  Foreign  Wars,  Inc.  conveyance 
by  metropolitan  district  commission  of  certain  parcel  of 
land  to        ........  . 

Medical  and  dental  school,  state  (see  State  medical  and  dental 

school). 
Medical  laboratory  technologists,  training  of,  investigation  and 
study  by  special  commission  relative  to  .        Resolve 

Medical  service  corporations,  funds  of,  deposit  in  co-operative 

banks,  of,  relative  to    . 
Medicine,  board  of  registration  in  (see  Civil  service  and  registra- 
tion, department  of). 
Melrose,  city  of  (see  Cities  and  towns). 

Memorial  Day,  observance  of  on  Monday  nearest  said  day,  pro- 
viding for  ........ 

Memorial  Hospital,  holding  of  additional  real  and  personal  estate 
by,  authorized     ....... 

MENTAL  HEALTH,  DEPARTMENT  OF: 

in  general,  appropriation,  certain,  for,  change  in 

defective  delinquents,  commitment  of,  powers  and  duties  as 

to       .  .  .  .  

feeble  minded  persons,  commitment  of  to  state  schools,  ap- 
proval by   . 
mental  patients,  boarding  out,  of,  cost  of,  amount  to  be  eX' 

pended  for,  by,  increased  .  .  . 

psychiatric  service,  district  courts  for,  study  relative  to,  by, 

further  continued  .....        Resolve 

sex  offenders,  treatment  center  for,  establishment  of,  powers 
and  duties  as  to  . 
commissioner,  council  for  the  aging,  appointment  to,  of 

juvenile  delinquency,  special  commission  to  investigate  and 

study,  appointment  to,  of     .  .  .        Resolve 

land,  certain,  conveyance  to  Boston  Police  Post  No.   1018, 

Veterans  of  Foreign  Wars  of  the  United  States,  Inc.,  by, 

authorized  .  .  .  .  .  •..-.■ 

sex  offenders,  care,  commitment,  treatment  and  rehabilitation 
of,  powers  and  duties  as  to  .  .  . 

Gushing  Hospital,  elderly  persons,  care  of,  in,  establishment  of, 

powers  and  duties  as  to         . 
Monson  state  hospital,  physical  therapy  department,  at,  estab- 
lishment of,  by    .  .  .  .  .  . 

officers  and  employees,  of,  actions,  certain,  against,  indemnifi- 
cation or  protection  for,  of,  providing  for 
Mentally  ill,  care  and  treatment  of,  relative  to      . 

problems  as  to,  investigation  and  study  relative  to  Resolve 

Mentally  retarded  children,  special  classes  for,  relative  to    . 
Merchand,  Clayton,  payment  by  town  of  Southampton  of  sum  of 
money  to    ........  • 

Merrimack  river,  treating  of  bed  and  banks  of  for  relief  of  midge 
nuisance,  providing  for  ....        Resolve 

Meters,  parking  (see  Cities  and  towns). 

Methodist  Church,   district  superintendent  of,  residence  of,  tax 
exemption  for,  relative  to      .....  . 

METROPOLITAN   DISTRICT   COMMISSION: 

Back  street,  Boston,  in,  defects  on,  want  of  repair  of,  exemption 

from  liability,  for  .  .  .    _      .       _  . 

Boston,  city  of,  refuse  disposal  incinerator,  construction  of,  in, 

relative  to  .  .  .  .  .  ■  •       _   • 

Boston  Housing  Authority,  land,  certain,  in  Dorchester  district 
of  city  of  Boston,  transfer  by,  to  . 


Chap. 

104 

/148 

\475 
71 

586 

497 

69 

55 

503 

315 


Section. 


1 

1.  2 

1 


482 


119 

276 


128 
173 


113 
685 


18 


416 
686 
469 
670 

326 

598 
108 
514 

365 

58 


341 


367 
495 


458 


1-3 
1-3 


1,  2 
1.  2 

1.  2 


1.  2 


1.  2 


1.  2 


1-4 


218 
ri89 
\598 

2,4 

77 

686 
537 

1.  2 
2 

1,  2 
1,  2 
1-6 
1.2 

1-5 
1-6 
1-3 


1-3 
1.2 


1078 


Index. 


METROPOLITAN   DISTRICT    COMMISSION  —  ConcZwrfed. 

boulevards,  under  jurisdiction  of,  property,  abutting,  access  to, 
investigation  and  study  relative  to,  providing  for     Resolve 

Clinton  Sewage  Disposal  Works,  reconstruction  of,  by 

East  Boston  district  of  city  of  Boston,  recreation  area,  certain, 
in  acquisition  of,  by     . 

General  Joseph  P.  Sanger  Camp  No.  15  United  Spanish  War  Vet- 
erans of  Lynn,  construction  of  memorial  for,  by     Resolve 

highway  program,  accelerated,  powers  and  duties  as  to      . 

land,  certain,  draining  of,  feasibility  of,  joint  board  to  study, 
designation  to,  of  .  .  .  .        Resolve 

Leavitt,  Oral,  salary,  certain,  earned  by,  payment  of 

Longfellow  bridge,  underpass  and  approaches,  certain,  thereto, 
studs'^  and  survey  by,  of        ...  .        Resolve 

Massachusetts  Bay  Circuit,  plans  and  proposals  for,  inves- 
tigation and  study  relative  to,  by,  as  member  of  joint 
board  .......        Resolve 

Major  George  C.  Parcher  Park,  certain  park  area  in  town  of 
Saugus  designated  as,  erection  of  suitable  tablet  at, 
by      .  .  .  .  .  .  .  .        Resolve 

Medford  Post  1012  Veterans  of  Foreign  Wars,  Inc.,  conveyance 
of  land  to,  by      . 

Metropolitan  water  system  mains,  extension  of  into  counties  of 
Plymouth  and  Bristol,  study  relative  to,  by    .        Resolve 

Mosher,  Percival  H.,  employee  of,  payment,  certain,  to     Resolve 

Neponset  River  Reservation,  leasing  of,  by       . 

North  metropolitan  sewerage  district,  Wilmington,  town  of, 
addition  of,  to,  powers  and  duties  as  to 

Norwood,  town  of,  water  main,  construction  of,  to,  by 

police,  of  (see  Police  officers). 

Prison  Point  bridge,  rebuilding  of,  by      .  .  .  .  . 

Saxon  Foss  Park,  swimming  pool  at,  designated  as  William  J. 
and  Edward  T.  Latta  Memorial  Swimming  Pool,  erec- 
tion of  marker  at,  by  . 

Spy  pond,  sanitary  condition  of,  investigation  and  study  as  mem- 
ber of  joint  board,  by,  revived  and  continued         Resolve 

West  Roxbury  district  of  city  of  Boston,  standpipe,  erection  of, 
in,  by  ........  . 

METROPOLITAN   DISTRICTS: 

sewer,  north  metropolitan  sewerage  district,  additional  sewers 
in,  construction  of,  providing  for  ..... 

Wilmington,  town  of,  addition  of,  to 
south  metropolitan  sewerage  district,  Framingham,  payment 
by,  for  admission  to     ......  . 

sewerage  works,  within,  cost  of,  additional  funds  for,  pro- 
viding for  ......... 

METROPOLITAN   TRANSIT   AUTHORITY: 

Cambridge  and  Arlington,  extension  of  rapid  transit  facilities 
to,  by,  final  report  relative  to,  time  for  filing  of,  by 

deficiency,  certain,  of,  method  of  assessing  amount  which  com^ 
monwealth  may  be  called  upon  to  pay  . 

deficiencies,  certain,  advance  payments  with  respect  to,  prO' 
viding  for  ........ 

employment  security  law,  placing  of  employees,  under,  by,  pro- 
viding for  ........ 

rates  of  fare,  charges  for  service,  of,  relative  to 

Science  Park  Station,  erection  and  maintenance  of,  by,  authorized 

unexpended  proceeds,  certain,  of,  use  of,  by,  relative  to 
Microphotographic  process,  certain  historic  legal  documents  to 
be  copied  by  use  of       .....  . 

Middleborough,  town  of  (see  Cities  and  towns). 
MIDDLESEX   COUNTY: 

appropriation  for  maintenance  of,  etc.      .  .  .  .  . 

McSweeney,  Charles  H.,  payment  of  sum  of  money  to,  by 

tuberculosis  hospital,  expenditures  for  maintenance,  etc.,  of 
Military  aid  (see  Veterans'  benefits). 
MILITARY  AND  NAVAL  SERVICE  OF  THE  UNITED  STATES : 

armed  forces  of  the  United  States,  further  definition  of  for  pur- 
pose of  absent  voting  ....... 

deceased,  parents  of,  further  definition  of  under  real  estate  tax 
exemption  law     ........ 

high  school  students,  certain,  granting  of  diplomas  to  upon  in- 
duction, into,  further  regulation  of  ...  . 

personnel  on  active  duty,  certain,  bonus  benefits  extended  to 


Chap. 


Section. 


79 
462 

1-4 

626 

1,2 

78 
403 

1-12 

82 
263 

Item  2931-06 

16 


41 


87 

482 

54 
101 
675 

399 

278 

555 


321 

47 
278 


452 
399 


456 
580 


253 

195 

409 

509 
196 
359 
416 

401 


603 

55 

542 


79 
245 


91 
563 


1,2 


1-6 


1-7 
1-4 


1-4 

1-4 
1-7 

1.2 

1-3 

1,2 

1.2 

1,2 

1,2 
1,2 
1-3 
1,2 

1.2 

1 
1,2 


Index. 


1079 


MILITIA: 

military  laws,  of,  revision  of  . 
Milk  marketing,  special  commission  to  investigate  and  study,  re- 
vived and  continued     .....        Resolve 

Millis,  town  of  (see  Cities  and  towns). 

Mills,  aluminum  or  steel,  erection  of  in  commonwealth,  investigation 
and  study  by  special  commission  relative  to     .        Resolve 
Milton,  town  of  (see  Cities  and  towns). 

Minimum  wage  law,  so  called,  further  defining  of  word  "occupa- 
tion", under         ........ 

Minors,   certain,  employment  on  certain  types  of  elevators,  or  in 
cleaning  or  repairing  of  elevators,  prohibition  on 
neglect  of,  punishment  for      ....... 

sporting,  hunting,  fishing  or  trapping  licenses,  for,  relative  to 
under  sixteen  years  of  age,  employment  on  moving  motor  vehi- 
cles, of,  prohibited        ....... 

venereal  disease,  certain  physical  examinations  and  treatment 

for,  not  to  constitute  assault  and  battery,  upon 
See  also  Children. 
Monahan,  Myrtle  F,,  acts  as  notary  public  validated   .       Resolve 
Monson  state  hospital,  physical  therapy  department,  at,  establish- 
ment of       ........  . 

Montague,  town  of  (see  Cities  and  towns). 

Mortgages,    insurance    companies,    domestic,   investments    by,   in, 
relative  to  ........ 

unencumbered  real  property,  loans,  certain,  on,  further  defini- 
tion of  for  purposes  of. 
Mosher,  Percival  H.,  payment  by  commonwealth  of  sum  of  money 
to      .......  .       Resolve 

Motel,  licensing  of,  relative  to      ......  . 

Motor  buses  (see  Carriers;  Motor  vehicles). 

Motor  carriers  (see  Carriers;  Motor  vehicles). 

Motor  trucks  (see  Motor  vehicles). 

Motor  vehicle  liability  insurance,  compulsory,  laws  as  to  (see 

Motor  vehicles). 
MOTOR  VEHICLES: 

buses,  charter  or  special  bus  service,  law  relative  to,  further 
exemptions  from  ....... 

carriers,  common,  distinguishing  plates  for,  issuance  of,  fee  for 
transfer  of,  further  regulation  of    .  .      .-..•.• 

maintenance  of  certain  records  by,  fee  for  certain  distinguish- 
ing plates  issued  to       ......  . 

carriers  of  property,  by,  "property",  redefined  under  laws  rela- 
tive to         ........  . 

charter  service,  further  definition  of  .  .  .  . 

disabled  veterans,  Korean  War,  of,  exemption  from  excise  tax, 
on      .........  . 

driving  education,  evening  courses  to  persons  under  twenty-five 
years  of  age,  providing  for    .  .  .  .  .  . 

engines   or   parts,   renewed,   rebuilt   or   reconstructed,   buying, 
selling  or  manufacturing  of,  licenses  for,  issuing  of  by 
registrar  of  motor  vehicles    ...... 

excise  tax,  on,  applications  for  abatement  of,  time  for  filing  of, 
relative  to  . 
assessment,  abatement  and  collection  of,  relative  to 
garage  owners,  unclaimed  motor  vehicles,  certain,  sale  of,  by, 
providing  for       .  .  .  .        _  .  .  . 

hit  and  run  accidents,  commencement  of  actions  arising  out  of, 
time  for,  change  in       ......  . 

interstate  carriers,  plates,  certain,  for,  issuance  of,  further  regu- 
lation on     ........  . 

laws,  certain,  infractions  of,  arrests  without  warrant  for,  further 
regulation  on       .  .  .  .  .  .  .  . 

liability  for  bodily  injuries,  etc.,  caused  by,  insurance  for,  certain 
persons,  for,  service  charges  in  connection  with,  relative 

to 

medical  examinations,  certain,  reports  of,  copies  of,  fur- 
nishing of  to  injured  parties,  relative  to       .  .      _    . 
licenses  to  operate,  holders  required  to  exhibit  same  when  causing 
injury  to  persons  or  property         .          .          .          .  . 
minors,  certain,  employment  on  moving  motor  vehicles,  prohibi- 
tion on        .                                                   .          .          . 
operators  of,  causing  injury  to  persons  or  property  requirement 
to  exhibit  license,  providing  for     ..... 


Chap. 
590 
103 


Section. 
1.2 


115 


174 


240 

1-3 

539 

457 

1,2 

98 
44 


26 
670 


176 
65 


101 
134 


1,2 


1-7 


307 
553 


440 


87 
319 


548 
49 


392 


373 
640 


585 
107 


481 
669 


274 
334 


446 


446 


1-3 


1,2 
1.2 


1080 


Index. 


Chap. 


Seotion. 


MOTOR    VEHICLES  —  Concluded 

operation  of,  certain,  under  influence  of  liquor,  investigation  by 
judicial  council  relative  to  making  same  a  criminal  of- 
fense .......        Resolve 

parking  violations,  non-criminal  disposition  of,  relative  to 

petroleum  products,  transportation  of  on  Lord's  Day,  authorized 

registration  of,  engine  numbers,  inclusion  of  on  applications,  for 

registration  plates,  certain,  replacement  of,  on,  relative  to 
unauthorized  use  of,  concealment  of,  on,  penalty  for 

road  lanes,  driving  on,  of        .  ... 

school  children,  transportation  of,  restriction  on  stockholders  of 
corporate  common  carriers  engaged  in    . 

splash  guards,  rear  wheels  for,  requirement  for  certain 

tort  actions,  arising  out  of  operation,  control,  etc.,  of  motor 
vehicles,  exclusive  original  jurisdiction  to  district  courts,  of 

towing  trucks,  certain,  investigation  and  study  by  department 
of  public  utilities  relative  to  .  .  .        Resolve 

town  firemen,  call  firemen,  forest  wardens,  owned  by,  display  of 
red  lights  upon,  relative  to    .  .  .  .  .      _    . 

transfers,  certain,  of,  investigation  by  judicial  council  relative 
to       .......  .        Resolve 

truck  and  bus  transportation,  improvement  of,  investigation  and 
study  relative  to  ...  .  .        Resolve 

volunteer  fire  companies,  of,  registration  fee,  waiver  of,  for 

weighers  and  measurers,  of,  appointment  of  employees  of  regis- 
try of  motor  vehicles,  as        .....  . 

Mount  Washington,  town  of  (see  Cities  and  towns). 
Municipal  courts  (see  District  courts). 
MUNICIPAL   FINANCE: 

betterment  assessments,  payment  of,  extension  of  to  twenty  year 
period  .  .  .  .  .  . 

borrowing  of  money,  dutch  elm  disease,  eradication  of,  for,  au- 
thorized     .  .  .  .  .  .       _  .  .  . 

co-operative  banks,  deposits  by  municipal  officers,  in,  authorized 

development  and  industrial  commissions,  establishment  of, 
amount  of  money  to  be  appropriated  therefor,  relative  to 

dutch  elm  disease,  eradication  of,  borrowing  of  money  for  pur- 
poses of,  relative  to      .  .  .  .       _   . 

greenhead  fly  control  projects,  payments  for,  relative  to    . 

g3T>sy  moth  control  program,  expenditure  for  . 

hurricane,  financial  burden  imposed  by,  alleviation  of 

interim  commissions,  certain,  appropriations  for 

judgments,  payment  of  from  city  or  town  treasuries,  procedure 

relative  to  .  .  .  .  .  .  .  . 

Labor  Day,  Christmas  season,  celebration  of,  appropriation  of 

money  for  purposes  of.  authorization  of  . 

municipal  trust  funds,  investment  in  co-operative  banks,   of 
authorized  .  .  .  .  .  _. 

real  estate,  taxable,  expert  appraisal  of,  appropriations  for  pur 
poses  of,  amount  of,  increased        .... 

tax  rates,  reduction  of,  use  of  certain  currently  available  funds 
for  purposes  of,  relative  to    . 
MUNICIPAL   OFFICERS   AND   EMPLOYEES: 

civil  service  classification  plans,  for,  relative  to  .    _      . 

deceased  employees,  payment  of  wages  owing  to,  relative  to 
health  and  safety  of,  investigation  and  study  by  commission  on 
administration  and  finance,  relative  to  .  .        Resolve 

Massachusetts  State  Employees  Association,   dues  to,  payroll 

deductions  for,  authorization  for,  by      . 
officers,  co-operative  banks,  deposits  in,  by,  authorized 
vacations,  annual,  payment  for  in  lieu  of  vacation  upon  termina- 
tion of  service,  relative  to     . 
Municipal  trust  funds  (see  Municipal  finance). 
Municipalities  (see  Cities  and  towns). 

Murenko,  Adam  and  Katie,  payment  by  department  of  public 
works  of  sum  of  money  to     .  .  .  .        Resolve 

Murphy,  James  J.,  payment  by  commonwealth  of  sum  of  money 
to       ....•-.  ■        Resolve 

Musquashiat  pond,  conversion  into  salt  water  pond,  of,  providing  for 

improvement  of,  investigations  relative  to,  continued       Resolve 

Mystic  River  Bridge  Authority,  bonds  of,  taxation  of,  relative  to 

employees  of,  coverage  under  employment  security  law,  for 

powers,  certain,  of,  relative  to  .....  . 


39 

302 

217 

305 

288 

74 

304 

281 

570 

1.2 

616 

1-5 

37 
306 


53 


106 
241 


386 


286 


106 

48 

297 

2 

106 

388 

•1 

f  148 
\475 

1-5 

1,2 

689 

1-7 

511 

1,2 

46 
149 


47 
33 


43 


295 
562 


63 


678 
48 


13 


70 

116 
596 
89 
543 
526 
432 


1,2 
3 


Index. 


1081 


N. 

Chap.  Section. 

Nagog  Regional  School  District,  Blanchard  Auditorium  in  town 

of  Acton,  use  of,  by,  authorized     .....     138 

NANTUCKET  COUNTY: 

Smith's  Point,  reservation  at,  layout  and  maintenance  of,  by, 

authorized  ........     335 

South  beach,  reservation  at,  laying  out  and  maintenance  of,  by, 

authorized  ........     333 

Nantucket,  town  of  (see  Cities  and  towns). 

Narkun,  A.  Wadsworth,  payment  by  city  of  Woburn  of  sum  of 

money  to    ........  .     637  1,  2 

Nathan  Slade  Cemetery  Association,  Inc.,  real  and  personal  prop- 
erty of,  transfer  of,  to  town  of  Somerset,  by  .  .?         .       12  1-4 
Natick,  town  of  (see  Cities  and  towns). 

National  Customs  Service  Association,  national  convention  of, 
in  city  of  Boston,  proper  representation  of  commonwealth, 
at,  providing  for  .....        Resolve       32 

National  Guard  (see  Militia). 

Natural  Resources,  Department  of,  board  of,  gypsy  moth  con-  / 148 
trol  program,  powers  and  duties  as  to    .  .  .  . 

Lake  Cochituate,  waters  of,  use  of  for  cooling  purposes,  ap- 
proved of,  by       . 
commissioner,  Edgartown,  land,  certain,  in,  acquisition  of,  by,  . 

gypsy  moth  control  program,  powers  and  duties  as  to    . 

Lake  Cochituate,  waters  of,  use  of  for  cooling  purposes,  grant- 
ing of ,  by   . 
land,  certain,  in  town  of  Natick,  conveyance  of,  by 

adjacent  to  Pittsfield  State  Forest,  acquisition  of,  by,  au- 
thorized     ......... 

Framingham,  town  of,  leasing  of  land,  certain,  at  Lake  Cochitu- 
ate, to,  by,  authorized  ...... 

great  ponds,  lowering  of  waters,  of,  approval  by        .  .  . 

Lee,  town  of,  water  supply  for,  granting  of  certain  rights  for 

purposes  of ,  by    . 
Lowell,  city  of,  conveyance  of  certain  land  to,  by      . 
Martha's   Vineyard    Regional   School    District,    conveyance   of 

certain  land  to,  by        .  .  .  483 

Massachusetts  Bay  Circuit,  plans  and  proposals  for,  investi- 
gation and  study  relative   to,   by,   as  member  of  joint 
board  .......        Resolve       41 

state  recreation  areas,  care  and  maintenance  of,  by,  relative  to  .     419  1-6 

divisions  of: 

fisheries  and  game,  coastal  waters,  further  definition  of  under 

laws  relative  to  fisheries  and  game  .  .  .  .92 

licenses,  certain,  issued  by,  revocation  of,  by      .  .88 

minors,  certain,  sporting,  hunting,  fishing  or  trapping  li- 
censes for,  powers  and  duties  as  to  .  .  457  1,  2 
trout,  taking  of  in  coastal  waters,  regulation  on,  powers  and 
duties  as  to          .          .          .          .          .          .                    .99 

forest  and  parks,  director,  forest  wardens,  appointment  of, 

powers  and  duties  as  to         .  .  .  .     104 

marine  fisheries,  alewife  fisheries,  time  of  leasing  of,  powers 

and  duties  as  to  .  .  .  .  .  .     167 

crabs  edible,  close  season,  on,  further  regulation  of,  powers 
and  duties  as  to  .  .  .  .  .  .  .     248 

swordfish,  fresh,  importation  into  commonwealth,  of,  regu- 
lation on,  powers  and  duties  as  to  .  .  .  .     186 

Needham,  town  of  (see  Cities  and  towns). 
Needy  persons  (see  Poor  persons). 
Neglected  children  (see  Children). 

Nerney,  Olive,  payment  by  county  of  Bristol  of  sum  of  money  to    .     380  1,  2 

New  Bedford,  Woods  Hole,  Martha's  Vineyard  and  Nantucket 
Steamship  Authority,  continuous  service  of,  providing 

for 449 

employees  of,  placing  under  Massachusetts  employment  security 

law,  by,  authorized       .......     499 

members  of,  qualifications  of,  relative  to  ....     622 

New  England  Higher  Education  Compact,   establishment  of, 

powers  and  duties  of  commonwealth  under  589  1-6 

Newton,  city  of  (see  Cities  and  towns). 
Nominations  of  candidates  (see  Elections). 


(148 
\475 

1-5 
1.2 

336 
631 

/148 

\475 

1-4 
1-5 
1,2 

336 
337 

345 

1.2 

260 
258 

1.2 

437 
504 

1,2 
1-5 

1082  Index. 

Chap.  SeoUon. 

Norfolk  County,  district  court,  Wrentham,  in,  borrowing  of  money 

for  certain  expenditures  for,  relative  to  ...       56 

tuberculosis  hospital,  expenditures  for  maintenance,  etc.,  of       .     542 
Norfolk  County  Agricultural  School,  trustees  of,  transportation 

costs  of  certain  pupils,  payment  of,  by,  authorized  .       63 

North  Adams,  city  of  (see  Cities  and  towns). 
Northampton,  city  of  (see  Cities  and  towns). 
North  Andover,  town  of  (see  Cities  and  towns). 
North  metropolitan  sewerage  district  (see  Metropolitan  districts, 

sewer  districts). 
North  Station,  track  clearance,  law  relative  to,  exemption  from  pro- 
visions of,  for       ........     239 

Norwood,  town  of  (see  Cities  and  towns). 
Notes,  cities  and  towns,  of  (see  Municipal  finance), 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  County  finance). 
See  also  Seciu-ities. 
Number  plates  (see  Motor  vehicles). 
Nursing  homes,   owners  or  directors  of,  increased  public  aid  for 

recipients  of,  appeals  for,  by  .....     525 


0. 

Oakham,  town  of  (see  Cities  and  towns). 
Offences,  criminal  (see  Criminal  procedure  and  practice). 
OflBicers,  county  (see  Counties;   also  specific  titles  of  officers), 
militia  (see  Militia), 
municipal  (see  Municipal  officers  and  employees;    also  specific 

title  of  officers), 
police  (see  Police  officers), 
probation  (see  Probation  officers). 

state  (see  Commonwealth;  also  specific  title  of  officers). 
Old  age  assistance,  so  called,  charitable  homes  for  aged,  certain, 

persons  cared  for,  in,  payment  to,  of      .  .  .  .     521 

Oleomargarine,  sale  and  transportation  of,  certain  restrictions  on, 

removed     .........     262 

Open  season  (see  Natural  Resources,  Department  of). 


P. 

Palmer  Street  Cemetery  Association,  real  and  personal  property 
of. 

Palmieri,  Anthony  V.,  seniority  rights  under  civil  service  laws,  of 

Parcher,  Mayor  George  C.  Park,  certain  park  area  in  town  of 
Saugus  designated  as   .  .  .  .  .        Resolve 

Parker,  Roland  H.,  legal  assistant  in  registry  of  motor  vehicles, 
civil  service  status  for  ...... 

Parking  violations,  non-criminal  disposition  of,  relative  to 

Parks    and    reservations,    Breakheart    reservation,    designation 
of    certain    portion    of    as    Mayor    George    C.    Parcher 
Park  .......        Resolve 

state  recreation  areas,  care  and  maintenance  of,  relative  to 

Parks  and  Salisbury  Beach  Reservation  Fund,  State  Recrea- 
tion Areas  Fund  to  be  successor,  of         .  .  .      . 

Parole  Board,  powers  and  duties  of,  relative  to      . 

Paternity,  determination  of,  blood  grouping  tests  for  purposes  of, 

providing  for        ........     232 

Patriots'  Day,  observance  of,  on  Monday  nearest  said  day,  pro- 
viding for  128  1,2 

Pembroke,  town  of  (see  Cities  and  towns). 

Penal  and  Reformatory  Institutions :  .  .  . 

in  general,  conditions  at,  special  commission  to  investigate  and 

study,  revived  and  continued         .  .        Resolve       81 

sex  criminals,  perverts,  information  relative  to,  furnishing  of, 

to  police  authorities  and  district  attorneys,  by         .  .     246 

commonwealth,    of,    reformatory   for   women,    defective    delin- 
quents,   female,    observation,    examination    and    recom- 
mitment of,  to     .  .  .  .  .  .  .  .     404  1-3 

counties  of,  Bristol  county,  county  jail  and  house  of  correction. 

New  Bedford,  in,  certain  improvements  at,  providing  for     520  1,  2 


12 
450 

1-4 

87 

634 
302 

87 
419 

1-6 

419 

567 

5 

1-10 

Index.  1083 

Chap.  Section. 

Pensions  (see  Retirement  systems  and  pensions). 
Permits  (see  Licehses  and  permits). 

Perpetuities,  rule  against,  modification  and  clarification  of  641  1,  2 

Personal  injuries,  recovery  for  (see  Actions,  civil;  Practice  in  civil 

actions;  Workmen's  compensation). 
Personal  property,  taxation  of  (see  Taxation). 

warehouses,  certain,  in,  taxation  of,  relative  to  .  .  .     459  1, 2 

Personnel  and  standardization,  division  of  (see  Administration 

and  finance,  commission  on). 
Perverts,  police  and  district  attorneys  to  be  given  information  as  to 

persons  charged  or  convicted  as     .  .  .  .  .     246 

Petroleum  products,  transportation  of,  on  Lord's  day,  authorized     217 
Pharmacists,  drugs,  harmful,  prescriptions  for,  duties  as  to    .  577  1-4 

prescriptions  for  purchase  of  hypodermic  instrimaents,  power," 

and  duties  as  to  .......     226  2 

registration  of  (see  Civil  ser^dce  and  registration,  department  of). 
Phrases  (see  Words  and  phrases). 
Physicians,  certain  examinations  and  treatment  not  to  constitute 

assault  and  battery,  by         ......       44 

death  certificates  issued  by,  cause  of  death,  typing  or  printing 

on,  by 137 

drugs,  harmful,  prescriptions  for,  duties  as  to  .  .  .  .     577  1-4 

prescriptions  for  purchase  of  hypodermic  instruments,  powers 

and  duties  as  to  .  .  .  .  .  .     226  2 

registration  of,  further  regulation  of         ....  .     519  1, 2 

Pittsfield,  city  of  (see  Cities  and  towns). 

Plan  E  form  of  government,  election  by  council  of  persons  receiv- 
ing pensions  or  retirement  allowances,  compensation  for, 
relative  to  ........     343 

election  of  members  of  city  council  and  school  committee  by  pro- 
portional representation,  under,  providing  for  .152  1-4 
elective  bodies,  under,  filling  of  vacancies,  in,  relative  to    .          .     230 
Planning  boards,  local  (see  Cities  and  towns). 
Planning,  zoning  and  subdivision  control,  special  commission  to 

investigate  and  study  .....        Resolve       97 

Playgrounds,  certain,  use  of,  by  adults  or  certain  children,  relative 

to 131 

Plumbers,  renewal  licenses,  of,  fee  for,  increased    ....     200 

Plumbing,  regulation  of,  by  cities  and  towns,  relative  to         .  .     157 

PLYMOUTH   COUNTY: 

appropriation  for  maintenance  of,  etc.      .....     603  1 

ground  water  supplies,  in,  investigation  and  stjdy  relative  to, 

providing  for       ......        Resolve       55 

metropolitan  water  system  mains,  extension  of,  to,  study  rela- 
tive to,  providing  for   .....        Resolve       54 

tuberculosis  hospital,  expenditures  for  maintenance,  etc.,  of        .     542 
Plymouth  Pageant  Authority,  establishment      ....     358  1-8 

Plymouth,  town  of  (see  Cities  and  towns). 

Poison  ivy,  eradication  of,  relative  to   .  .  .  .  .  .118 

POLICE   OFFICERS: 

Acton,  regular  or  permanent  members  of,  placing  under  civil 

service  laws,  pro\'iding  for  .  .  .212  1, 2 

age  requirement,  maximum,  for,  fixing  of,  by  director  of  civil 

service,  providing  for  .......       90 

arrests,  motor  vehicle  law  infractions,  for,  by,  further  regula- 
tion on        .  .  .  .  .  .  .  .     669 

chiefs  of  police,  newly  enacted  laws,  certain,  furnishing  by  at- 
torney general  of  copies,  to  .  .  .  .  .  .     654 

Hingham,  chief  of  police,  oflBce  of,  placing  under  civil  service 

laws,  providing  for        .......     433  1, 2 

Ludlow,  Wirzbicki,  Joseph  S.,  eligibility  for  appointment  to  re- 
serve police  force,  of    .  .  .  .     371  1, 2 

Maiden  Police  Relief  Association,  corporate  powers  of,  relative 

to 378 

Massachusetts  Police  Association,  convention  of,  official  dele- 
gates to,  relief  from  duty,  for         .....     325 

motor  vehicle  laws,  certain  infractions  of,  arrests  without  war- 
rant for,  by  .......  .     669 

overtime  service,  certain,  by,  payments  for,  relative  to      .  .     573  1, 2 

refrigerators,  containers  used  as,  disposal  of,  powers  and  duties 

as  to .191  1,2 

reserve,  creditable  service  for  retirement  purposes,  of,  relative  to     268 

permanent  appointments  for,  refusal  of,  by,  relative  to  136  2 

special  or  intermittent,  towns,  of,  injuries  incurred  in  line  of 

duty,  by,  retirement  rights  of        ....  .     633 


1084  Index. 

Chap.  Section. 

POLICE    OFFICERS  —  Concluded. 

Saugus  Police  Relief  Association,  Incorporated,  membership  in, 

relative  to  ........       85 

sex  criminals,  perverts,  information  relative  to,  furnishing  of,  to     246 
state  police,  uniformed  branch  of  the,  working  hours  of,  regula- 
tion of 489  1, 2 

tornado,  overtime  pay  for  officers  who  performed  overtime  du- 
ties during  emergency,  providing  for      ....     430  1,  2 
weapons,  carrying  of,  when  off  duty,  by,  providing  for       .          .162 
Winchendon,  Higgins,  George  S.,  civil  service  status,  for,  pro- 
viding for 205  1, 2 

Winchester  Police  Relief  Association,  Inc.,  members  of,  retire- 
ment benefits,  for,  relative  to  .  .  .  .  .  .11 

Police,  state,  division  of  (see  Public  safety,  department  of). 
Policies  of  insurance  (see  Insurance). 

Political  committees,  non-elected,  further  regulation  of         .  .     287 

Political  parties  (see  Elections) . 

Political  subdivisions,  commonwealth  of,  deceased  employees,  pay- 
ment of  wages  owing  to,  relative  to        ...  .     562  6 

subcontractors,  certain,  payment  of,  by,  method  of,  providing  /  609 

for \  645  1-5 

Pollack,  L.  Jennie,  acts  as  notary  public  validated        .       Resolve       21 
Poll  tax  (see  Taxation). 

Poor  persons,  entry  fees,  certain,  civil  actions,  in,  waiver  of,  for  582 

placement  in  licensed  homes,  hospitals  and  institutions,  of,  rela- 
tive to         ........  .     516 

See  also  Old  Age  As.sistanoe,  so  called. 
Port  of   Boston   Commission,    army   base,   leasing  from   United 

States  of  America,  of,  by,  authorized      ....     575  1,  2 

Straits  Pond,  improvement  of,  investigation  relative  to,  as  mem- 
ber of  joint  board,  by,  continued  .  .  .        Resolve       49 
transfer  to  department  of  public  works  of  certain  powers  and 

duties  of 568  1-8 

PRACTICE  IN  CIVIL  ACTIONS: 

attachment,  wages,  certain,  of,  further  regulation  of  ._  467 

bond  premiums,  certain,  to  be  taxed  as  costs  in  discretion  of 
court  ......... 

conservators,  temporary,  powers  of,  relative  to  .  .  . 

entry  fees,  certain,  waiver  of  payment  by  destitute  persons,  pro- 
viding for  ......... 

equity,  specific  performance  in,  suits  for,  relative  to 
fees,  certain,  in,  increase  in     . 

fiduciaries,   co-operative  banks,  deposit  of  certain  moneys  on 
paid  up  shares  and  accounts  of,  by,  providing  for    . 

hit  and  run  accidents,  commencement  of  actions  arising  out  of, 

time  for,  change  in       .  .  .  ...  107 

Interstate  Commerce  Commission,  schedules,  classifications  and 
supplements  thereto,   admissability  in  evidence  without 
certification,  of,  providing  for  .  .  .  .     292 

medical    reports,    certain,    workmen's    compensation    cases   in, 

admissability  of  .  .  .  .  .     194 

rule  against  perpetuities,  modification  and  clarification,  of  .     641  1,  2 

speedy   trial,   cases,   certain,   removed   from   district  courts  to 
superior    courts,    for,    investigation    by   judicial    council 
relative  to  ......        Resolve       43 

summary  process  for  possession  of  land,  further  stay  of  judg- 
ment and  execution  in,  providing  for      ....     264  1,  2 

supplementary  proceedings,  transmission  of  papers  to  supreme 

judicial  court  in  cases  of,  fee  for,  increased  .     624 

torts,  actions  arising  out  of  operation,  control,  etc.,  of  motor 

vehicles,  exclusive  original  jurisdiction  to  district  courts,  of     616  1-5 

witness  fees,  detective  force  of  state  department  of  public  safety, 

for 393 

Pratt,  Laurence  O.,  conveyance  by  town  of  Dover  of  certain  land 

to 77  1,  2 

Primaries  (see  Elections). 

Prison  Point  bridge,  rebuilding  of,  providing  for  ...     555 

Prisons  (see  Penal  and  reformatory  institutions). 
Private  detective  agencies,  labor  spies  furnished  by,  use  of,  re- 
striction on  .......  .     544  1,  2 

Private  or  proprietary  schools  (see  Schools). 

Probate  and  insolvency,  judges,  adoptions,  powers  and  duties  as  to     649  1 ,  2 

salary  of  certain,  relative  to  .....  .     663  1-3 

small  estates,  informal  administration  of,  powers  and  duties  as 

to 562  1 


181 

330 

582 

439 

1-3 

328 

1-4 

309 

311 

1-3 

312 

1-3 

Index. 


Probate  and  Insolvency  —  Concluded. 

registers,  small  estates,  informal  administration  of,  powers  and 
duties  as  to 

Bristol  County,  Taunton,  building  at,  repairs,  alterations  and 
changes  to,  providing  for       ...... 

PROBATE  COURTS: 

adoptions,  children,  of,  further  regulation  on    . 

conservators,  removal  of,  appointment  to  fill  vacancy  caused  by, 
petition  for,  relative  to  .....  . 

temporary,  powers  of,  relative  to  ....  . 

creditors  of  estates,  notices  of  actions,  by,  filing  of,  in 

defective  delinquents,  commitment  of,  by  . 

estates,  liens,  certain,  on,  relative  to         ....  . 

executors,  notices,  certain,  to  devisees  and  legatees,  by,  provid- 
ing for         ......... 

executors  and  administrators,  removal  of,  appointment  to  fill 
vacancy  caused  by,  petition  for,  relative  to     . 

fiduciaries,  co-operative  banks,  deposit  of  certain  moneys  or 
paid  up  shares  and  accounts  of,  by,  providing  for 

guardians,  removal  of,  appointment  to  fill  vacancy  caused  by, 
petition  for,  relative  to  .....  . 

legatees,  actions  by,  to  recover  legacies,  limitations  on,  relative  to 
devisees,  notices  of  devises,  legacies  or  bequests  to,  providing  for 
rule  against  perpetuities,  modification  and  clarification  of 
small  estates,  informal  administration  of,  providing  for 
Uniform  Reciprocal  Enforcement  of  Support  Act,  powers  and 
duties  as  to 
Probation  officers,  Barnstable  County  district  courts,  travelling 
expenses,  of,  increase  in         .....  . 

Uniform  Reciprocal  Enforcement  of  Support  Act,  powers  and 
duties  as  to 
Process,  service  of  (see  Practice  in  civil  actions). 
Profits,  certain,  corporations  of,  taxation  of,  providing  for 
Projects,  housing  (see  Housing  projects). 

Property,  re-definition  of,  under  law  relative  to  carriers  of  property 
by  motor  vehicle  for  compensation         .... 

taxation  of  (see  Taxation), 
transportation  of  (see  Motor  vehicles). 
Proprietary  schools  (see  Schools:   private). 
Prorogation  of  general  court,  statement  as  to     . 
Provost,  George  H.,  made  eligible  for  membership  in  contributorj' 
retirement  system  of  town  of  Agawam  .... 

Psychiatric  service,  district  courts  for,  study  relative  to,  further 
continued  .......        Resolve 

Public  administrators  (see  Executors  and  administrators). 

Public  airports  (see  Airports). 

Public  beach,  division  of  (see  Public  works,  department  of). 

Public  building  projects,  contracts  for,  awarding  of,  regxilation  on 

Public  charities,  division  of  (see  Attorney  general). 

Public  employees,  political  activities  of,  regulation  of  . 

See  also  Commonwealth;    counties;   municipal  ofiicers  and  em- 
plovees;   retirement  svstems  and  pensions. 
PUBLIC   HEALTH,    DEPARTMENT   OF: 

in  general,   aging  citizens,  care  of,  facilities  for,  powers  and 

duties  as  to 

atmospheric  pollution,  powers  and  duties  as  to      . 

Clinton  Sewage  Disposal  Works,  reconstruction  of,  plans  for 

approval  by         ......  . 

coastal  waters  and  flats,  and  samples  of  shellfish  therein,  ex- 
amination of,  by 
drugs,  harmful,  adulterating,  misbranding  and  sales  of,  regU' 

lations  relative  to,  enforcement  of,  by    .  .  . 

dwelling  places,  minimum  housing  standards  for,  establish- 
ment of,  powers  and  duties  as  to  . 
examinations,  medical,  certain,  under  authority  of,  waiver  of 

certain  provisions  of  criminal  law,  for    . 

Hillcrest  Sewer  District,  plans  for,  approval  by 

land,  certain,  draining  of,  feasibility  of,  joint  board  to  study, 

designation  to,  of         .  .  .  .        Resolve 

Lees  river,  elimination  and  prevention  of  pollution  in,  inves- 
tigation relative  to,  by  .  .        Resolve 
Lemuel   Shattuck   Hospital,    admission   to,    charges   thereat, 
powers  and  duties  as  to         .          .          .  .  .  . 

Massachusetts  hospital  school  and  hospital  for  state  minor 
wards,  transfer  of,  to,  powers  and  duties  as  to 


1085 

jap. 

Section. 

562 

1-6 

53 

1-4 

649 

1,  2 

478 
330 
552 
685 
595 

2 

1,  2 

3 

1-3 

465 

1-4 

478 
309 
311 
312 

1 

1-3 
1.2 

478 
465 
465 
641 
562 

2 
2-4 
2-4 
1,  2 
1-8 

556 
211 
556 

545 


87 


505 

77 


645 
644 


538 
672 

462 

243 

577 

209 

44 
612 

82 

66 

522 

508 


Page  813 
1,2 


1-5 


1-6 

1-7 

1 
1,2 
1-4 
1.2 

14 


1-5 


49 
192 

1.2 

67 
581 
537 

1-6 

2 

209 

447 

1,2 
1.2 

1086  Index. 

Chap.  Section. 

PUBLIC   HEALTH,    DEPARTMENT   OF  —  Concluded. 
in  general  —  Concluded. 

Merrimack  river,  midge  nuisance,  in,  treatment  of  beds  and 

banks  for  relief  of,  by  .  .  .  .        Resolve       58 

north  metropolitan  sewerage  district,  construction  of  certain 

sewers  by,  locations  for,  approval  by      .  399  2 

officers  and  employees,  of,  actions,  certain,  against,  indemni- 
fication or  protection  for,  of,  providing  for      .  .  .     326 
Shrewsbury,  sewerage  and  sewage  disposal  system  for,   ap- 
proval, certain,  for,  by           ......     502  1—12 

Spy  Pond,  sanitary  condition  of,  investigation  and  study  as 

member  of  joint  board,  by,  revived  and  continued  Resolve       47 

Straits  Pond,  improvement  of,  investigation  relative  to,  as 

member  of  joint  board,  by,  continued    .  .        Resolve 

Waltham,  city  of,  sewer  connection,  certain,  for,  approval  by 

water  supplies,  certain,  preservation  of  purity  of,  investigation 

and  study  relative  to,  by      .  .  .  .        Resolve 

alcoholism,  commission  on,  transfer  of  powers  and  duties  of,  to 
commissioner,  council  for  the  aging,  appointment  to,  of 

dwelling  places,  minimum  housing  standards  for,  establish- 
ment of,  powers  and  duties  as  to  . 
violation  of  provisions  of,  penalty  for         .... 

juvenile  delinquency,  special  commission  to  investigate  and 

study,  appointment  to,  of     .  .  .  .        Resolve       18 

recipients  of  public  support,  placement  in  homes,  hospitals  or 

institutions,  by,  relative  to  .  .  .  .  .     516 

division  of  sanitary  engineering,  director,  chief  sanitary  en- 
gineer, position  of,  relative  to         ....  .     564  1—3 

ground  water  supplies,  Plymouth  and  Bristol  counties,  in, 
investigation  and  study  by  special  commission  relative  to, 
appointment  to,  of        .  .  .  .  .        Resolve       55 

maps,   records,  etc.,   of  division  of  smoke  inspection  trans- 
ferred to 672  2 

Public  institutions  (see  Titles  of  specific  institutions). 

Public   moneys    (see  County  finance;    Municipal   finance;    State 

finance) . 
Public  officers,  elective,  campaign  contributions  by,  act  permitting     530 
See  also  Commonwealth;  Municipal  officers  and  employees;  and 
titles  of  specific  officers). 
Public  officials,  retirement  of  (see  Retirement  systems  and  pensions). 
PUBLIC  SAFETY,  DEPARTMENT  OF: 

in  general,  detective  force,  of,  witness  fees  for  oflBcers  of,  pro- 
viding for .     393 

boards,  etc.,  in,  elevators,  proposed  legislation  relative  to,  in- 
vestigation and  study  of,  by  .  .  .        Resolve       38 
fire  prevention  regulations,  rules  and  regulations  of,  violations 

of,  penalty  for     ........     331 

commissioner.  Lord's  day,  licenses,  certain,  for,  powers  and 

duties  as  to  .  .  .  .  .  .  .  .     303 

private  detectives,  labor  organizing  by,  power  and  duties  as  to     544  2 

refrigerators,    containers   used    as,    disposal    of,    powers    and 

duties  as  to  .  .  .  .  .  .  .  191  1, 2 

theatrical    booking   agents,    personal    agents    and   managers, 

licenses  for,  powers  and  duties  as  to       .  .  .  .     630 

divisions  of: 

state  police,  Murphy,  James  J.,  former  member  of,  payment 

of  sum  of  money  to      .....        Resolve     116 

uniformed  branch  of,  enlistment  age  in,  further  regulation  of    313  1,  2 

working  hours  of,  regulation  of  ....  .     489  1, 2 

subversive  activities,  establishment  of,  powers  and  duties  of   .     650 
Public  schools  (see  Schools,  public). 
Public  support,   recipients  of,   placement  in  homes,  hospitals  or 

institutions,  relative  to  .....  .     516 

PUBLIC  UTILITIES,  DEPARTMENT  OP: 

in  general,  carriers,  common,  corporate,  stockholders,  certain, 
of,  transportation  of  school  children,  by,  approval  by  .     281 

notice  to,  of  certain  suspensions  or  revocations,  by,  further 

defining  of 293 

plates  of,  mutilated  or  illegible,  replacement  of,  by  .     288 

transfer  of,  powers  and  duties  as  to    .  .  .  .     553  1-6 

use  of  leased  vehicles  by,  records  to  be  kept  in  connection 
with,  issuance  of  distinguishing  plates  to,  powers  and 
duties  as  to      .  .  .  440 

charter  service,  motor  vehicles,  of,  further  definition  of,  powers 

and  duties  as  to  .  .         .         .         .         .         .         .     319  1-3 


Index. 


1087 


PUBLIC   UTILITIES,    DEPARTMENT    OF  —  Concluded. 
in  general  —  Concluded. 

gas  and  electric  companies,  investment  of  funds,  by,  regula- 
tion of,  by  . 
Hillcrest  sewer  district,  laying  of  pipes,  etc.,  on  water  locations 
for,  approval  by,  when  ...... 

interstate  carriers,  motor  vehicle  plates  for,  issuance  of,  by, 
further  regiilated  ....... 

Jurek,  Anna  J.,  former  employee,  of,  in  favor  of    .        Resolve 
Lawrence,  grade  crossing,  certain,  in,  manual  operative  gates 

at,  investigation  and  study  relative  to,  by       . 
Metropolitan  Transit  Authority,  rates  of  fare,   charges  for 
service,  of,  approval  by         .....  . 

Mount  Washington,  town  of,  telephone  and  telegraph  service 

in,  investigation  and  study  relative  to,  by      .        Resolve 

North  Andover,  grade  crossing,  certain,  in,  investigation  and 

study  relative  to,  by    .  .  .  .  Resolve 

Shrewsbury,  town  of,  sewerage  and  sewage  disposal  system 
for,  laying  of  pipes,  etc.,  on  railroad  locations  for,  ap- 
proval by   ........  . 

street  railway  companies,  merger  of  associations  or  trusts  with, 

powers  and  duties  as  to         . 
towing  trucks,  certain,  investigation  and  study  relative  to, 
by      .  .  .  .  .  .  .  .        Resolve 

water  districts,  water  rates,  prices  and  charges,  of,  schedules 
of,  filing  with       ........ 

division  of  smoke  inspection,  transfer  of,  to  department  of 
public  health        ........ 

Public  ways  (see  Ways,  public). 

Public  welfare,  laws  relative  to,  special  commissions  to  study  and 
revise,  revived  and  continued         .  .  .        Resolve 

PUBLIC   WELFARE,    DEPARTMENT   OP: 

in  general,  adoptions,  children  of,  powers  and  duties  as  to 
children,  care  and  protection  of,  powers  and  duties  as  to 
poor  persons,  certain,  aid  to,  written  notice  by  local  boards  of 

public  welfare,  of,  to    . 
rules  and  regulations,  of,  hearings  relative  to,  notices  for,  by 
relative  to  ....... 

advisory  board  of,  membership  of,  powers  and  duties  of,  rela 
tive  to         .......  . 

commissioner,  council  for  the  aging,  appointment  to,  of 

funds,  certain,  held  by,  deposit  in  co-operative  banks,  of 

juvenile  delinquency,  special  commission  to  investigate  and 

study,  appointment  to,  of     .  .  .        Resolve 

nursing  homes,  owners  or  directors,  of,  increased  public  aid 

for  recipients  of,  appeals  for,  by,  to         ...  . 

PUBLIC  WELFARE,  LOCAL  BOARDS  OF: 

public  welfare,  department  of,  rules  and  regulations  of,  hearings 
relative  to,  notice  of,  to,  providing  for   .... 

recipients   of   public   support,   placement  in   certain  hospitals, 

homes  or  institutions,  by,  relative  to      . 
towns,  poor  persons,  certain,  aid  to,  notice  to  state  department 
of  public  welfare,  of,  by         . 
PUBLIC   WORKS,   DEPARTMENT   OF: 

in  general,  Adams,  town  of,  bridge,  certain,  in,  designated  as 
Walter  Bednarz  and  Sterling  Burnette  Bridge,  erection 
of  suitable  marker  at,  by       . 
Adamski,  Father  Cyprian  Memorial  Highway,  certain  portion 
of  Northeast  Expressway  designated  as,  erection  of  suit- 
able markers  thereon,  by       .....  . 

Belmont,  land,  certain,  in,  acquisition  of,  for  construction  of 
district  office  administration  building,  by        .  .  . 

Boston,  tidewaters,  certain,  in,  acquisition  of  all  rights  in,  by 
bridge,  certain,  over  Connecticut  river,  maintenance  of,  by     . 
brooks,  certain,  in  towns  of  Bedford  and  Lexington,  dredging 

and  improvement  of,  by        . 
DiSessa,  Theresa,  conveyance  of  certain  land  to,  by     Resolve 
employees,  certain,  of  accrued  overtime  pay  for,  payment  of, 
authorized  ......        Resolve 

Erving-Montague  Veterans  Memorial  Bridge,  certain  bridge 

designated  as,  erection  of  suitable  plaque,  at,  by 
Fairhaven  harbor,  improvement  of,  investigation  and  study 
relative  to,  by,  continued      ....        Resolve 

fish  pier,  state,  Gloucester,  in,  proposed  pier  extension  at,  in- 
vestigation and  study  relative  to,  by      .  .       Resolve 


Chap. 


95 

612 

481 
6 

72 

196 

68 

28 


502 
576 


37 
610 


672 


22 


649 
646 


394 
340 


Section. 

1.2 
5 

1.2 


1,2 
1-3 


646 

2,3 

537 

2 

126 

4 

18 
525 


340 
516 


394 


151 


159 

534 
638 
466 

579 

45 

114 

221 

40 

67 


1-3 
1-3 


1088  Index. 

Chap.  Section. 

PUBLIC    WORKS,   DEPARTMENT    OF  —  Concluded. 
in  general  —  Concluded. 

Fort  Point  Channel,  bridge,  certain,  over,  maintenance  with- 
out a  draw,  of,  by         .  .  .  .  .  .  .     638  1-3 

highway  bridges,  certain,  plans  and  data  relative  to,  securing 

of,  by,  providing  for     .  .  .  .  .  .  .     289 

Highway  Program,  accelerated,  powers  and  duties  as  to  .     403  1-12 

Kingston,  Jones  river,  bridge  over,  construction  of,  by  .  .     604  1,  2 

Lake  Metacomet,  public  access  to,  plans  for  right  of  way, 

approval  of,  by   .  .  .  .  .  .  .  .     339  1 

land,  certain,  draining  of,  feasibility  of,  joint  board  to  study, 

designation  to,  of  .  .  .  .  .        Resolve       82 

Lees  river,  elimination  and  prevention  of  pollution  in,  investi- 
gation relative  to,  by  .  .  .  .        Resolve       66 

Massachusetts  Bay  Circuit,  plans  and  proposals  for,  investi- 
gation and  study  relative  to,  by,  as  member  of  joint 
board  .  .  .  .  .  •  -        Resolve       41 

motor  pool,  supervisor  of,  position  of,  civil  service  status  for 

incvmibent  of,  providing  for  .....     453  Item  2900-02 

Murenki,  Adam  and  Katie,  payment  of  sum  of  money  to, 

by      .......  .        Resolve       70 

Musquashiat  Pond,  outlet  brook  from,  improvements  to,  by     596 

Oak  Bluffs,  harbor,  bulkhead  along  shores  of,  construction  of, 

by,  relative  to 2l5  1, 2 

PaJmieri,  Anthony  V.,  employee  of,  seniority  rights  of,  rela- 
tive to         ........  .     450 

real  estate  review  board,  establishment  of,  in  .  .  .     403  1, 2 

Revere,  footbridge,  certain,  in,  construction  of,  by  .  .     206  1-3 

Route  1,  traffic  conditions,  of,  investigation  and  study  rela- 
tive to,  by  .  .  .  .  .  .        Resolve       34 

Route  140,  relocation  of,  investigation  and  study  relative  to, 

by      .......  .        Resolve       91 

Saugus  river,  improvements,  certain,  in,  by,  authorized  .     379 

Scusset  beach,  acquisition  and  development  of,  by,  authorized     472  1,  2 

Shaker  Mill  Dam,  West  Stockbridge,  in,  repairs  and  altera- 
tions to,  by 554  1-3 

Somerville,  street,  certain,  in,  designated  as  A.  Alfred  Lom- 

bardi  street,  erection  of  suitable  markers  thereon,  by       .     659 

Southworth,  Philander  W.,  former  employee,  of,  pension  rights 

of,  relative  to 476  1,  2 

Spy  Pond,  sanitary  condition  of,  investigation^  and  study  as 

member  of  joint  board,  by,  revived  and  continued  Resolve       47 

state  fish  pier,  Gloucester  harbor,  in,  repairs,  certain,  at,  au- 
thorized       480 

state  highways,  replacement  and  resurfacing  of,  by  political 

sub-divisions,  powers  and  duties  as  to    .  .  2l9 

Tewksbury,  town  of,  swamp  lands,  certain,  in,  feasibility  of 
draining  of,  study  and  investigation  jointly  with  depart- 
ment of  pui)lic  works,  by      .  .  .  .        Resolve       74 

towns,  certain,  public  ways,  in  sanding  of,  pajonent  for,  by, 

relative  to  .  .  .  .  .  -  •  •  .     524 

Waltham,  grade  crossing,  certain,  in,  abolishment  of,  by  .     491 

public  beaches,  division  of,  Brault,  Robert  J.,  transfer  with- 
out loss  of  rights  from  department  of  conservation,  to     .     301  1,  2 

county  beaches,  exemption  from  control  and  supervision,  by  .     533 

expenses,  costs  and  deficiencies  of,  relative  to         .  .  .     419  4 

lifeguard  staff,  of,  exemption  from  operation  of  civil  service 

law,  for 298 

registrar  of  motor  vehicles,  automobile  engines  and  parts, 
certain,  buying,  selling  or  manufacturing  of,  licenses  for, 
issuing  of,  by       .  .  .  .  .  ■  •  .     392 

employees,   of,   appointment   as  weighers   and  measurers  of 

motor  vehicles,  powers  and  duties  as  to  .  .  .     386 

engine   numbers,   inclusion   of,   on   registration   applications, 

powers  and  duties  as  to         .  .  .  .  .  .     305 

legal  assistant,  office  of,  placed  under  civil  service  laws   .  .     634 

waterways,  division  of,  general  construction  inspector,  posi- 
tion of,  transfer  of  certain  person  to  and  providing  civil 

service  tenure  for 453  Item  2202-03 

Port  of  Boston  Commission,  transfer  of  certain  powers  and 

duties  of,  to         .  .  .  .  .  •  •  .     568  1-8 

Pupils  (see  Schools). 

Purchasing  agent,  state  (see  Administration  and  finance,  com- 
mission on). 


Index.  1089 


Q. 

Chap.  Section 

Quincy,  city  of  (see  Cities  and  towns). 


R. 

Race  tracks,  employees,  of,  employment  and  discharge  of,  relative 

to       .  .  .  . 323 

See  also  Horse  and  dog  racing  meetings. 
Railroads,  grade  crossings,  North  Andover,  town  of,  in,  investiga- 
tion and  study  by  department  of  public  utilities  relative 
to       .......  .        Resolve       28 

Waltham,  certain,  in,  abolishment  of,  providing  for  491 

track  clearance,  railroad  yards,  in,  exemptions,  certain,  from 

provisions  of  law  relative  to  .....     239 

Railways,  street  (see  Street  railways). 
Randolph,  town  of  (see  Cities  and  towns). 
Real  estate,  cities  and  towns,  of  (see  Cities  and  towns), 
commonwealth  of  (see  Commonwealth), 
conveyances,    certain,    of,    investigation    by    judicial    council, 

of       .......  .        Resolve       53 

life  insurance  companies,  domestic,  reduction  of  real  property 

valueri,  by,  relative  to  .     _     .  .  .  .68 

married  women,  conveyances  by,  investigation  by  judicial  coun- 
cil relative  to       .....  .        Resolve       10 

perpetuities,  rule   against,  modification   and  clarification  of,   as 

affecting      .........      641  1,  2 

taxation  of  (see  Taxation). 

tenancies  by  entirety,  husband  permitted  to  convey  directly  to 

spouse  and  himself  as  .  .  .  .  .  395  1,  2 

unencumbered  real  property,  loans,  certain,  on,  further  defini- 
tion of  for  purposes  of  ......       65 

Real  estate  review  board  (see  Public  works,  department  of). 

Receivers  (see  Fiduciaries). 

Reclamation  board,  state,  greenhead  fly  control  projects,  powers 

and  duties  as  to,  further  regulation  of    .  .  .  .     388 

Merrimack  river,  treatment  of  beds  and  banks  for  relief  of  midge 

nuisance,  advice  as  to,  by     .  .  .  .        Resolve       58 

Straits  Pond,  improvement  of,  investigation  relati'fre  to  as  mem- 
ber of  joint  board,  by,  continued  .  .  .        Resolve       49 
Recorder,  land  court  of  (see  Land  court). 
Recreation  centers,  certain,  use  of  by  adults  or  certain  children, 

relative  to  .  .  .  .  .  .  .  .  .     131 

Reformatory  for  women  (see  Penal  and  reformatory  institutions). 

Refrigerators,  containers  used  as,  disposal  of,  further  regulation  of  .     191  1,  2 

REGISTERS  AND  REGISTRIES  OF  DEEDS: 

Bristol  County,  Taunton,  building  at,  repairs,  alterations  and 

changes  to,  providing  for      .  .  .  .  .53  1-4 

excise  tax  stamps,  sale  of,  by,  powers  and  duties  as  to        .  .     550 

tenancy  by  entirety,  conveyance  by  person  to  himself  and  his 

spouse  for  purposes  of  creating,  permission  for         .  395  1 ,  2 

water  liens,  certain,  powers  and  duties  as  to     .  .  .  .     487  1 

Registers  and  registries  of  probate  and  insolvency  (see  Probate 

and  insolvency,  registers). 
Registrar  of  motor  vehicles  (see  Public  works,  department  of). 
REGISTRARS    OF   VOTERS: 

absent  voting,  counting  of  absentee  ballots  where  voting  ma- 
chines are  in  use,  powers  and  duties  as  to        .  .  .     102 
privilege  of,  further  extension  of  powers  and  duties  as  to         .     102 
cities,  city  offices,  elective,  certificates  of  nomination  and  nom- 
ination papers  for,  filing  of,  with,  relative  to  .           .          .114 
nominations,  state  primaries,  at,  number  of  signatures  required 

for,  relative  to     .......  .     183  1,  2 

Registration,  division  of  (see  Civil  service  and  registration,  depart- 
ment of), 
motor  vehicles,  of  (see  Motor  vehicles). 
See  also  Licenses  and  permits. 
Regional  districts  (see  Districts). 
Relief,  welfare  (see  Public  welfare,  department  of). 
Religious  corporations  (see  Churches  and  religious  corporations). 
Rent  control,  continuation  of      .......     496  1,2 


1090  Index. 

Chap.  Seotion. 

Representative  town  government  by  limited  town  meetings, 

Athol,  town  of,  establishment  in,  of        ....     382  1-11 

Retarded  children  (sec  Children). 

Retirement,  state  board  of  (see  Retirement  systems  and  pensions). 
RETIREMENT    SYSTEMS    AND    PENSIONS: 

pensions,   Boston,  laborers,  certain,  amount  of  pension  pay- 
able to.  by 420  1-3 

persons  receiving,  election  of  by  councils  in  cities  under  plan  E 

form  of  government,  compensation  rights,  of,  under  .     343 

Southworth,  Philander  W.,  for,  by  state  department  of  public 

works  .........     476  1,  2 

retirement  systems,  in  general,  annuity  savings  fund,  addi- 
tional deductions  paid  into,  withdrawal  of,  relative  to  .     656  1,  2 
contributory  retirement  system,  joining  of,  time  for,  ex- 
tended              684  1-8 

counties,  cities  and  towns,  of,  funds  of,  deposit  in  co-opera- 
tive banks,  of       .......  .      126  1 

laws   relative   to,    special   commission   to   investigate   and  J    zi 
study,  revived  and  continued         .  .  .      Resolves  1  -gl 

liquidation  of  banks,  members  serving  in,  retirement  and 
pension  rights  of  .  .        .-..•.        •  •  .518 

persons  under,  election  of  by  councils  in  cities  under  plan  E 

form  of  government,  compensation  rights  of,  relative  to     343 

retirement  allowances,  rights,  certain,  to,  waiver  of  by  re- 
tired persons  and  those  claiming  under  them  .     492 

retirement  boards,  annual  statements  to  members  of  retire- 
ment systems,  furnishing  of,  by,  providing  for  .  .     642  1,  2 

veteran,  further  definition  of,  rights  and  privileges  of,  under  I  ^"^         '~^'      T_o 

Agawam,  town  of,  Provost,  George  H.,  made  eligible  for  mem- 
bership, under     ........     505  1, 2 

Barnstable,  town  of,  Wetherbee,  Frederick  D.,  retirement  al- 
lowance of,  under  .......     413  1, 2 

Boston,  city  of,  dentists  and  dental  hygienists,  certain  service  !  424  1-3 

rendered  by,  recognized  as  creditable  service  under      .  \  591  1,2 

members  of,  transfer  to  state-Boston  retirement  system, 

by,  relative  to  .......     684  7 

teachers  retirement  fund,  amount  to  be  retained  from 

salaries  of  members  of,  increase  in       .  .  .  .     366  1—4 

cities  and  towns,  of,  liquidation  of  banks,  service  in,  retirement 

and  pension  rights«of  members  with,  under  .  .     518 

reserve  police  officers,  reserve  or  call  firemen,  creditable 
service  of,  under  .  .  .  .  .  .     268 

reserve  policemen,  call  firefighters,  of,  disability  retire- 
ment rights,  of,  under        ......     633 

commonwealth,  of,  certain  employees  reclassified,  under  .     445  1,  2 

general  court,  former  members,  certain,  of,  return  of  cer- 
tain moneys  paid  into,  by,  providing  for      .  .  .     615 
liquidation  of  banks,  service  in,  retirement  and  pension 

rights  of  members  with,  under   .  .  .  .  .518 

co-operative  banks,  of,  employees  retirement  association  fund, 

contributions  to,  by  participating  banks,  relative  to  .109 

counties,  of,  liquidation  of  banks,  service  in,  retirement  and 

pension  rights  of  members  with,  under      .  .      .  .     518 

credit  unions,  of,  Employees  Retirement  Association,  funds, 

of,  investment  of  and  contributions  to,  relative  to  .  .121  1,2 

Danvers,  city  of,  school  department  cafeterias,  female  em- 
ployees of ,  retirement  rights  of,  under    .  .  .  .411  1,2 

North  Adams,  city  of,  police  officers,  certain,  of,  repayment 
of  contributions  to,  establishment  of  retirement  rights  of, 
under  .........     586  1-3 

state-Boston,  Dallas,  James  Paul,  made  eligible  for  member- 
ship, in 423  1, 2 

dentists  and  dental  hygienists,  certain  service  rendered  by,  l'424  1-3 

recognized  as  creditable  service  under        .      .  .  .  \  591  1,2 

liquidation  of  banks,  service   in,   retirement   and   pension 
rights  of  members  with,  under       .....     518 

membership  in,  relative  to        .....  .     684  7 

teachers,  of,  liquidation  of  banks,  service  in,  retirement  and 

pension  rights  of  members  with,  under         .  ,  .     518 

service,  certain,  after  maximum  age  under,  relative  to   .     348 
West  Springfield,  town  of,  Lewis,  Robert  R.,  membership  of, 

.in 171  1,2 


Index.  1091 

Chap.  Section. 

RETIREMENT    SYSTEMS    AND    PENSIONS  —  Concluded. 
retirement  systems  —  Concluded. 

Winchester  Police  Relief  Association,  Inc.,  members  of,  re- 
tirement benefits  for,  relative  to    .  .  .  .  .11 

Worcester,  city  of,  Butcher,  Edwin  C,  reinstatement  in  em- 
ploy of  for  purpose  of  being  retired,  under  .  .     390  1,2 
Duffy,  James  F.,  reinstatement  as  member  of  fire  depart- 
ment for  purposes  of  retirement,  under        .           .           .     242                      1 ,  2 
Research  council  and  research  bureau,  legislative  (see  General 

Court). 
Revenue  bonds  (see  Bonds). 
Revere,  city  of  (see  Cities  and  towns). 
Rivers  (see  Waters  and  waterways). 
Roads  (see  Ways). 

Rochester,  town  of  (see  Cities  and  towns). 
Rodrick,  Charlotte  M.,  payment  by  town  of  Swampscott  of  an 

annuity  to  ........     56.5  1-3 

Roman  Catholic  Bishop  of  Fall  River,  conveyance  by  city  of 

Fall  River  of  certain  portion  of  Maplewood  Park,  to         .160  1,2 

Rowley,  town  of  (see  Cities  and  towns). 


s. 

Safety,  public,  department  of  (see  Public  safety,  department  of). 
Sailors  (see  Military  and  naval  services  of  the  United  States;   Vet- 
erans). 
Salary  schedule,  permanent,  employees  of  commonwealth  for,  ad- 
justments in,  providing  for  ......     407  1-4 

Sales,  corporate  assets  (see  Corporations). 

drugs,  harmful,  regulation  of  ......     577  1-4 

Sanding,  public  ways,  certain,  of,  relative  to  ...  .     524 

Sandwich,  town  of  (see  Cities  and  towns). 

Sanger,  General  Joseph  P.,  Camp  No.  15  United  Spanish  War 
Veterans  of  Lynn,  construction  by  metropolitan  district 
commission  of  memorial  for  .  .  .        Resolve       78 

Sanitary  engineering,  division  of  (see  Public  health,  department 

of). 
Saugus  Police  Relief  Association,  Incorporated,  membership  in, 

relative  to  ........       85 

Saugus  river,  improvements,  certain,  in,  providing  for  .  .     379 

Saugus,  town  of  (see  Cities  and  towns). 

Savings,  institutions  for  (see  Banks  and  banking). 

Savings  and  loan  associations  (see  Banks  and  banking). 

Saxon  Foss  Park,  swimming  pool  at,  designated  as  William  J.  and 

Edward  T.  Latta  Memorial  Swimming  Pool  .  .  .321 

School  building  assistance  commission,   consolidated  and  re- 
gional schools,  educational,  engineering  and  architectural 
services  in  planning  of,  reimbursement  for,  by,  relative  to     346 
construction  grants,  by,  formula  for,  clarification  of  .  329 

School  children  (see  Schools). 
School  committees  (see  Schools,  public). 

School  Lunch  Act,  National,  funds  for,  expenditure  of,  relative  to     256 
School  tax  rate,  determination  of,  relative  to         ....     460  1,2 

SCHOOLS: 

private  or  proprietary  schools,  further  regulation  of  257  1-4 

public,   armed  forces,  high  school  students,  certain,  inducted 

into,  granting  of  diplomas  to,  further  regulation  of  .       91 

consolidated   and  regional   schools,   construction   of,   prelim- 
inary studies  relative  to,  reimbursement  for,  relative  to     346 
employees  of,  certain,  tuberculosis,  sick  leave  for,  for     .  .     658 

hi^  school  students,  certain,  granting  of  diplomas  to,  upon 

induction  into  armed  forces,  further  regulation  of    .  .91 

motor  vehicle  driving  education,  persons  under  twenty-five 

years  of  age,  evening  courses  for,  in        .  .  .49 

non-teaching  positions,  in,  persons  holding,  vacation  time  of, 

relative  to  ........     352  1,  2 

regional  schools,  athletics,  games,  musical  festivals,  etc.,  re- 
ceipts from,  deposit  of,  relative  to  ....     271 

receipts,  certain,  deposit  of,  with  treasurer  of,  relative  to    .     271 
sale,  leasing  or  licensing  of  town  school  buildings,  to  .  .     214 

school  lunch  programs,  funds  for,  depositing  of,  with  256 


1092 


Index. 


Chap 
SCHOOLS  —  Concluded.. 
public  —  Concluded. 

school  buildings,  construction  of,  state   aid   for,  certain  pro- 
visions of  law  relative  to,  clarified  .... 

school  committees,  athletic  coaches,  hiring  of,  by,  powers  and 

duties  as  to  .  .  .  .  .  .     220 

school  lunch  programs,  funds  for,  expenditure  of,  powers  and 
duties  as  to 
supervisors  of  attendance,  duties  of,  classified 
teachers,  service  of,  after  maximum  retirement  age,  relative  to 
United  States  Educational  Exchange  Program,  participa- 
tion in,  by  ........ 

special  provisions  relative  to  particular  schools : 
Andover  Theological  Seminary,  trustees  of,  relative  to   . 
Bradford  Durfee  Technical  Institute  of  Fall  River,  teachers, 

certain,  at,  sabbatical  leave  for,  providing  for 
Fernald  State  School,  blind  unit  at,  designated  as  Ransom  A. 
Greene  Building  ....... 

Lowell  Technological  Institute  of  Massachusetts,  new  audi- 
torium-administration building  at,  designated  as  Cumnock 

Hall 

Massachusetts  Maritime  Academy,  commissioners  of,  number 

of,  terms  of  office  of,  relative  to     . 
Norfolk  County  Agricultural  School,  trustees  of,  transporta 

tion  costs  of  certain  pupils,  payment  of,  by,  authorized 
state  schools  for  feeble  minded,  commitment  of  persons  to 
relative  to  .  .  .  . 

State  Teachers  College,  training  and  instruction,  certain,  at, 
continuation  of,  providing  for        .... 

Wheelwright  Scientific  School,  holding  of  additional  real  and 
personal  estate,  b3',  authorized       .... 

Science  Park  Station,  establishment  of,  by  metropolitan  transit 
authority    ........ 

Scituate,  town  of  (see  Cities  and  towns). 

Scusset  beach,  acquisition  of,  by  state  department  of  public  works 
providing  for        ....... 

SECRETARY,  STATE: 

filing  of  certain  instruments  with : 

absent  voting  ballot,  applications  for   ..... 

Brighton-Watertown  Incinerator  Authority,   secretary- treas- 
urer of,  bond  of  .  .  .  .  . 

housing  authorities,  dissolution  of,  certification  of 
housing  board,  state,  chairman,  of,  delegation  of  powers  by, 
certificates  of       .....'..  . 

minimum  housing  standards,  rules  and  regulations  by  depart- 
ment of  public  health  and  local  health  boards  relative  to    . 
New  England  Higher  Education  Compact,  approval  and  rati- 
fication of  .  .  .  .  ._         . 

political  committees,  non-elected,  certain  records  of 
street  railway  companies,  associations  or  trusts  merging  with, 
documents  relative  to  .  .  .  .      _    . 

voluntary  associations  and  trusts,  reports,  certain,  of 
powers  and  duties,  marriages,  records  relative  to  . 

nominations,  state  primaries  at,  number  of  signatures  required 
for     .......... 

Securities,  promotion  and  sale  of,  relative  to  .  . 

Selectmen,  forest  wardens,  appointment  of,  powers  and  duties  as  to 

gypsy  moth  control  program,  powers  and  duties  as  to 

vacancies  in  office,  of,  filling  of,  relative  to        ...  . 

Selectmen-Executive-Secretary  Form  of  Government,  Ipswich, 

town  of,  establishment  in,  of,  pro-\ading  for     . 
Selectmen-Town  Manager  Form  of  Government,   Randolph, 

town  of,  establishment  in,  of 
Self-insurance  (see  Workmen's  Compensation). 
Senate  (see  General  Court). 

Seniority  rights,  civil  service  laws,  under  (see  Civil  Service  laws). 
Sentences  (see  Criminal  procedure  and  practice). 
Sergeant-at-arms  (see  General  Court). 

Servicemen  (see  Military  and  naval  services  of  the  United  States). 
Sewer  districts  (see  Districts;  Metropolitan  districts). 
Sewers  and  drains,  Clinton  Sewage  Disposal  Works,  reconstruction 

of,  providing  for  ....... 

Framingham,   south  metropolitan   sewerage   district,   payment 

to  be  made  for  admission  to,  by    . 


Section. 


329 


256 
231 
348 

677 
19 

188 
21 


448 
594 


63 
218 


531 
150 


359 


472 


101 


1.2 

1.  2 

1.  2 

1,2 
1.2 


1.  2 
1-3 

1,  2 


523 

72 

2 
2 

396 

209 

2 

589 
287 

1 

576 
254 
324 

2 

183 
558 
104 
/148 
1475 
201 

2 
1-5 

I 
1,2 

620 

1-41 

255 

1-20 

462 
456 


1-4 
1.  2 


374 

1.  2 

502 

1-13 

415 

29 

208 

1,  2 
1.  2 
1,2 

165 
192 
399 

1-4 
1,2 
1-7 

540 

1-3 

686 

1,2 

246 
686 
108 

1 

20 

1.2 

145 

1,  2 

72 

1.  2 

Index.  1093 

Chap.  Seotion. 

Sewers  and  drains  — Concluded. 

Manchester,   sewerage    and   sewage    disposal    costs,    apportion- 
ment of,  in  .  .161 
metropolitan  districts  of  (see  Metropolitan  districts). 
North  Adams,  city  of,  Clarksburg,  town  of,  contract  between  for 

reception  and  disposal  of  sewage  therefrom,  authorized 
Shrewsbury,  sewerage  and  sewage  disposal  system,  construction 
•ind  operation  of,  by,  authorized    ..... 

Somerset,  sewerage  and  sewage  disposal  system,  coat  of,  pay- 
ment of,  by,  relative  to  .....  . 

South  Hadley,  town  of,  construction  of  system  of  sewers,  by 

action  taken  relative  to,  validated  and  confirmed    . 
Stoughton,  sewer  connections,  certain,   cost  of,   acceptance  of 

deferred  or  installment  payments,  for,  by,  authorized 
Waltham,  sewer  connection,  certain,  for,  authorized 
Wilmington,  north  metropolitan  sewerage  district,  extension  of,  to 
Winchester,  sewer,  certain,  construction  of,  in  town  of  Arlington, 

by .      . 

Sex  offenders,  care,  commitment,  treatment  and  rehabilitation  of, 
providing  for       ........ 

information  relative  to,  furnishing  of  to  police  authorities  and 
district  attorneys  ....... 

rictims  of,  care  and  treatment  of,  providing  for 
Shares,  co-operative  banks,  of,  limitation  on  holding  of,  pertaining  to 
Sharon,  town  of  (see  Cities  and  towns). 

Shattuck,  Lemuel  Hospital,  admissions  to,  charges  thereat  522 

Shelburne,  town  of  (see  Cities  and  towns). 

Sheriffs,  laws,  newly  enacted,  certain,  furnishing  by  attorney  gen- 
eral of  copies,  to  .  .  .  .  .  .  .  .      654 

Shrewsbury,  town  of  (see  Cities  and  towns). 
Shutesbury,  town  of  (see  Cities  and  towns). 

Simon,  Joseph  L.  Building,  infirmary  for  men  at  Monson  State 
Hospital  designated  as  ...... 

Slugs,  use  of,  manufacture  of,  penalty  for        ..... 

Slum  clearance,  further  defining  of      .....  . 

Small  claims  (see  Practice  in  civil  actions). 
Smith,  Daniel  E.,  acts  as  justice  of  peace  validated  Resolve       14 

Soldiers'  Home  in  Massachusetts,  recreational  area,  certain,  ad- 
jacent to,   development,  improvement  and  maintenance 
of,  providing  for  .......     383 

Soldiers'  relief  (see  Veterans'  benefits). 

Solicitation  of  funds,  charitable  purposes  for        .  .  559 

Somerset,  town  of  (see  Cities  and  towns). 
Somervilie,  city  of  (see  Cities  and  towns). 
Southampton,  town  of  (see  Cities  and  towns). 
Southeastern  Massachusetts  Water  District,  establishment  of, 
special  commission  to  investigate  and  study,  revived  and 
continued   .......        Resolve       71 

Southern  Berkshire  Regional  School  District,  certain  proceed- 
ings of,  validated  .......     282  1,  2 

South  Hadley,  town  of  (see  Cities  and  towns). 
South  Metropolitan  Sewerage  District   (see   Metropolitan  dis- 
tricts) . 
South  Station,   track  clearance,  law  relative  to,  exemption  from 

provisions  of,  for  .......     239 

Southworth,  Philander  W.,  payment  by  state  department  of  public 

works  of  pension  money  to  .  .  .  476  1,  2 

Special  bus  service  (see  Motor  vehicles). 
Special  commissions  (see  Commissions,  state) . 

[  688  1-6 

Special  session,  acts  passed  at    .  .  i  689  1-7 

[690 
Speedy  trial  (see  Practice  in  civil  actions). 
Sporting  licenses  (see  Licenses  and  permits). 
Sports  (see  Games  and  sports). 

Spy  pond,  town  of  Arlington,  in,  sanitary  condition  of,  further  in- 
vestigation and  study  relative  to,  providing  for       Resolve       47 
State  adjutant  general  (see  Militia). 

State  administrative  procedure,  act  establishing  .  681  1-22 

State    airport    management    board    (see    Airport    management 

board,  state). 
State  airports  (see  Airports). 
State  boards  (see  Names  of  specific  boards). 

State-Boston  retirement  system   (see   Retirement  system*   and 
pensions). 


148 

2.3 

184 

1-3 

197 

1-3 

263 

1-11 

453 

1-17 

687 

1-lS 

471 

3,4 

17 

1-3 

389 

1,2 

403 

1-12 

409 

1.  2 

195 

1.2 

278 

3 

407 

1-4 

1094  Index. 

Chap.  SeotioQ . 

State  commissions  (see  Commissions,  state). 
State  committees  (see  Elections). 
State  elections  (see  Elections). 

State  employees  (see  Commonwealth,  officers  and  employees  of). 
STATE   FINANCE: 


appropriation  acts 


bonds,  notes,  etc.,  issuance  of,  capital  outlay  program  of  com- 
monwealth, for    ........ 

terms  of  certain  issued  during  year  1953,  changes  in  . 
sale  of,  premiums  received  for,  application  of         .  .  . 

highway  program,  accelerated,  financing  of,  expenditure  for 
metropolitan  transit  authority,  deficiencies,  certain,  of,  advance 
pajTnents  for         ........ 

amount  which  commonwealth  may  be  called  upon  to  pay, 
method  of  assessing      ....... 

Norwood,  town  of,  water  main,  construction  of,  to,  for 
salary  schedules,  permanent,  adjustments  in,  providing  for 
State  fish  pier,  Gloucester  harbor,  in,  repairs,  certain,  at,  author- 
ized  ..........     480 

State  funds  (see  State  finance). 

State  government,  structure  of,  special  commission  to  investigate 
and  study,  revived  and  continued,  membership  of,  in- 
creased       .......        Resolve       12 

State  guard  (see  Militia). 
State  highways  (see  Ways). 

State  hospitals  for  insane,   etc.,   Medfield  State  Hospital,  fire 
warning  signal,  installation  at,  providing  for  . 

mental  patients,  boarding  out,  of,  cost  of,  relative  to 

Monson  State  Hospital,  infirmary  for  men  at,  designated   as 
Joseph  L.  Simon  Building     .  .  .  .  . 

sex  criminals,  perverts,  information  relative  to,  furnishing  of  to 

police  authorities  and  district  attorneys,  by    . 
superintendents   of,    deposit   of   certain   funds   in   co-operative 
banks,  by,  providing  for        ...... 

offices  of,  vacancies  in,  relative  to         ....  . 

unclaimed  funds,  certain,  disposition  of,  by       . 

State  house,  Brandeis,  Justice  Louis  Dembitz,  bust  of,  placing  of, 

in       .......  .        Resolve       94 

evacuation  of  in  case  of  fire  or  other  disaster,  preparation  of 

plans  for,  providing  for  ......       34 

State  housing  board  (see  Housing  board,  state). 

State  land  (see  Commonwealth,  land). 

State  medical    and    dental    school,    establishment    of,    special 
commission    to    investigate    and    study,    scope    of,    in- 
creased       .......        Resolve         1 

time  for  final  report  of     .  .  .  .        Resolve     126 

State      office      building      commission,       revived      and    con- 
tinued        .......        Resolve     111 

State  officers  and  employees   (see  Commonwealth,  officers  and 
employees  of). 

State  parks  (see  Parks  and  reservations). 

State    penal    institutions    (see    Penal    and    reformatory   institu- 
tions). 

State  planning  board  (see  Planning  board,  state). 

State  police  (see  Public  safety,  department  of). 

State  primaries  (see  Elections). 

State  purchasing  agent   (see  Administration   and  finance,   com- 
mission on). 

State  reclamation  board  (see  Reclamation  board,  state). 

State  recreation  areas,  care  and  maintenance  of,  establishment  of 

fund  for,  relative  to      ......  .     419  1-6 

fund  for,  crediting  certain  moneys,  to  .  .  .  .  419  5 

State  retirement  board  (see  Retirement  systems  and  pensions). 

State  schools  (see  Schools). 

State  secretary  (see  Secretary,  state). 

State  superintendent  of  buildings  (see  Superintendent  of  build- 
ings, state). 

State  tax  commission  (see  Corporations  and  taxation,  department 
of). 


315 

/189 
\598 

1.2 
2,4 

20 

1.2 

246 

126 
598 
455 

5.6 
1-5 

Index.  1095 

Chap.  SeotioQ. 

State  Teachers'   Colleges,  special  commission  to  investigate  and 

study,  further  revived  and  continued      .  .      Resolves  I    « ^ 

teachers,  certain,  in,  dismissal  of,  regulation  of  .  .  .     350 

training  and  instruction,  certain,  at,  continuation  of,  providing 

for 531 

State  treasurer  (see  Treasurer,  state). 

State  Youth  Commission,  establishment  of,  powers  and  duties 

of       .......  .        Resolve       18 

scope  of,  increased  ......        Resolve       56 

Steel  mills  (see  Mills). 

Stevens,  Esther  M.,  acts  as  notary  public  validated  Resolve       60 

Stock,  certificates  of,  transfers  of,  excise  tax  on,  repeal  of        .  353  1-3 

insurance  companies,  par  value  of  shares  of,  relative  to  .     320  1-5 

See  also  Securities. 
Stockholders,  corporate  common  carriers,  of,  transportation  of  cer- 
tain school  children,  by,  restriction  as  to         .  .281 
corporations,  certain,  of,  record  date  for  determination  of,  rela- 
tive to         .........       50 

Stoughton,  town  of  (see  Cities  and  towns). 

Straits    pond,    improvement    of,    investigation    relative    to,    con- 
tinued        .  .'        .  .  .  .        Resolve       49 

Street  railway  companies,  merger  of  certain  associations  or  trusts, 

with,  providing  for       .......     576 

Streets  (see  Ways). 

Strungis,  Felix,  estate  of,  issuance  by  state  treasurer  of  new  check  to     601  1,  2 

Subcontractors,    payment  for  certain   work  on  public   buildings,  f  609 

method  of,  providing  for  .  .   \  645  1-5 

Subversive  activities,  division  of  (see  Public  safety,  department  of). 
Subversive  organizations,  membership  in,  destruction  of  records 

of,  penalty  for     ........     584  1-5 

search  warrants,  issuing  of,  to  seize  certain  documents,  of,  study 

relative  to  .  .  .  .  Resolve       92 

special  commission  to  investigate  and  study,  revived  and  con- 
tinued        .......        Resolve     123 

SUFFOLK   COUNTY: 

district  attorney,  additional  assistant  to,  providing  for  488  1,  2 

Suits,  civil  (see  Actions,  civil;   Practice  in  civil  actions). 
Summary  process  for  possession  of  land,  further  stay  of  judg- 
ment and  execution,  in,  extension  of  law  relative  to  .     264  1,  2 
Sunday  (see  Lord's  Day). 

Superintendent  of  buildings,  state,  evacuation  of  state  house  in 
certain  emergencies,  preparation  of  plans  for,  by,  provid- 
ing for         .........       34 

Superior  court  (see  Supreme  Judicial  and  superior  courts). 
Supervisors  of  attendance,  schools,  of,  duties  of,  clarified 
Support,  dependents,  for,  enforcement  of       . 
SUPREME   JUDICIAL   AND    SUPERIOR   COURTS: 

in  general,  clerks,  of,  fees,  certain,  of,  increase  in     .  . 

entry  fees,  of,  waiver  of,  for  destitute  persons,  providing  for 
equity  jurisdiction,  of,  relative  to  ....  . 

superior  court,  Bristol  county,  court  officers,  appointment  of, 
uniforms  for,  relative  to         .     _     .  .  .       _   . 

district  court  justices,  to  sit  in  trials  of  motor  vehicle  tort 

actions,  in  . 
estates  of  deceased  persons,  creditors  of,  relief,  certain,  for, 
by,  providing  for  .  .  .  . 

female  defective  delinquents,   observation,  examination  and 

recommitment  of,  by,  relative  to  . 
judges,  of,  certain,  salary  of,  relative  to         .  •  .      .  •. 

petitions  for  adoption  of  plan  of  city  government,  judicial  re- 
view of  prior  proceedings,  by,  providing  for    . 
Suffolk  county,  of,  assistant  clerks  of,  number  of,  increased 
supreme   judicial   court,    Suffolk   county,   clerk   of,   papers, 
certain,  microphotographic  process  copies  of,  making  of, 
by,  authorized     .  .    _      . 

criminal  cases,  questions  of  law  arising  before  trial  of,  report 

of,  to,  providing  for  .  .  .  .  528 

estates  of  deceased  persons,  creditors  of,  relief,  certain,  for, 

by,  providing  for  .......     552 

Surety  bonds  (see  Bonds). 
Swampscott,  town  of  (see  Cities  and  towns). 
Swansea,  town  of  (see  Cities  and  towns). 

Swordfish,  fresh,  importation  into  commonwealth  for  sale,  regula- 
tion of         ........  .     186 


231 
556 

1.2 
1-10 

328 
582 
439 

1-4 
1-3 

172 

1-3 

668 

1,2 

552 

1,2 

404 
651 

1-3 
1.2 

155 
342 

1,  2 

401 

1.  2 

1096 


Index. 


TAXATION : 

in  general,  assessments,  commissioner  of  corporations  and  taxa- 
tion, by,  time  of  making  of,  relative  to  . 

farm  taxation,  problems  of,  investigation  and  study  by  special 
commission  relative  to  ....        Resolve 

Massachusetts  Turnpike  Authority,  bonds,  of,  taxation  of, 
relative  to  . 

problems   of,   special   commission   to  investigate   and   study, 

further  continuation  of      .  .  Resolves 

scope  of,  increased        .....        Resolve 

abatements,  personal  income  tax,  of,  applications  for,  time  for 

filing  of,  extension  of    . 
betterments,  for,  payment  of  over  twenty  year  period,  pro- 
viding for  ......... 

corporations,  of,  corporate  excess  tax,  delinquent  and  fraudu- 
lent returns  relative  to,  penalty  for         .... 

excise  tax,  additional,  due  commonwealth,  prompt  payment 
of,  providing  for 

law  relative  to,  changes,  certain,  in       . 

profits  transferred  to  capital,  taxation  of,  providing  for 

telephone  companies,  returns,  certain,  by,  relative  to 
estates  of,  liens,  certain,  on,  for  purposes  of,  termination  of 

property,  valuation  and  appraisal  of  for  purposes  of,  appeal 
therefrom   ......... 

excise  tax,   alcoholic  beverages,  manufacturing,  importing  or 
selling  of,  on,  relative  to        .....  . 

corporate,  additional,  found  due  commonwealth,  prompt  pay- 
ment of,  providing  for  ...... 

deeds,  instruments  and  writings,  on,  stamps  relative  to,  sale  of 
by  registers  of  deeds    ....... 

meals,  upon,  payment  of,  relative  to     . 

motor  vehicles,  applications  for  abatement  of,  time  for  filing 
of,  relative  to       .......  . 

assessment,  abatement  and  collection  of,  relative  to    . 
exemptions,  deceased  servicemen,  parents  of,  further  definition 
of  under  real  estate  tax  exemption  law  .... 

foster  children  and  step  children,  for,  under  income  tax  laws, 
provision  of  law  relative  to  made  retroactive  to  include 
year  1953 

Methodist  Church,  district  superintendent  of,  residence  of, 
tax  exemption  for,  relative  to         ....  . 

motor  vehicle  excise  tax,  disabled  veterans,  of  Korean  war, 
for     .......... 

Mystic  River  Bridge  Authority,  bonds  of,  income  from,  for    . 

real  estate,  certain  veterans  and  other  persons,  of 
owned  by  persons  over  seventy  years  of  age,  for 

trusts,  incomes  of  which  are  used  for  charitable  purposes 

unearned  income,  certain,  for       ...... 

University  of  Massachusetts  Building  Association,  bonds  of, 
investments  in    .......  . 

incomes,  of,  abatements  of,  applications  for,  time  for  filing  of, 
extension  of         .......  . 

capital  assets,  sale  of,  gain  or  loss  realized  from,  determination 
of,  relative  to       .......  . 

corporations,  profits  transferred  to  capital,  not  regarded  as 
capital  for  purposes  of  ...... 

dependents,  deductions  allowed  for,  under,  simplification  of   . 

dividends,  certain,  relative  to       .....  . 

employers  tax  returns,  filing  of,  relative  to    . 

foster  children  and  stepchildren,  tax  exemption  allowance  for, 
provision  of  law  relative  to,  made  retroactive  to  year 
1953  .  .  .  .  . 

joint  returns  of  husband  and  wife,  relative  to         .  .  . 

law  relative  to,  changes,  certain,  in       ....  . 

payment  date,  of,  establishment  of       ....  . 

reduction  of  taxes  payable  upon  income  derived  from  pro- 
fessions, employments,  trade  or  business 

returns,  filing  of,  payment  of,  extension  of  time,  for,  relative 
to 

tax  returns,  filing  of,  date  for,  establishment  of        .  .  . 


Chap. 


60.5 
120 

354 
29 
93 

117 

269 
286 
193 


402 
270 


650 
503 


373 
640 


245 


251 
341 


436 
269 


699 


Section. 


1.2 


270 

1.2 

515 

1-7 

545 

490 

595 

1-3 

672 

1.  2 

1,  2 


1,2 

1.  2 
1.  2 


648 

543 

683 

1-3 

351 

443 

679 

1-7 

1,  2 


546 
657 
560 
391 

1,2 
1,2 

261 

648 

611 

69 

1.2 

1 

1-3 

4 

1-6 

648 
70 

2 
1.2 

Index. 


TAXATION  —  Concluded. 

incomes,  of  —  Concluded. 

trust  estates,  deductions  allowed  for,  not  applicable  to  execu- 
tors or  administrators  acting  as  trustees 
unearned  income,  tax  relief  to  certain  recipients  of 
local  taxes,  cities,  use  of  certain  available  funds  for  reduction  of 
tax  rates  in  .  .  . 

personal  property  in  certain  warehouses,  relative  to 
tax  bills,  form  of,  relative  to         ....  . 

personal  property,  of,  machinery  used  in  conduct  of  business 

further  defining  of  for  purposes  of  .  . 

real  estate,  commonwealth,  land,  certain,  of,  situated  in  South 

Boston,  relative  to        .....  . 

fathers  and  mothers  of  certain  deceased  servacemen,  exemp- 
tion, certain,  for,  from  .  .  .  . 

persons  over  seventy  years  of  age,  tax  exemption  for 
tornado   disaster,  property  affected   by,  abatement  of  taxes 
on,  providing  for  ...... 

veterans,  certain,  and  other  persons,  exemption  for,  from 
school  tax,  rate  of,  determination  of,  relative  to 
Taxes,  collectors  of  (see  Collectors  of  taxes). 
Teachers  (sec  Schools). 

Teachers'  Colleges,  State  (see  State  Teachers'  Colleges). 
Teachers'  retirement  system  (see  Retirement  systems  and  pen- 
sions) . 
Telephone  and  telegraph  companies : 

in  general,  returns,  certain,  for  taxation  purposes,  filing  of,  by 

New  England  Telephone  and  Telegraph  Company  lines,  poles 

and  equipment,  certain,  of,  locations  of,  made  lawful 

Television,  use  of  for  educational  purposes,  special  commission  to 

investigate  and  study,  revived  and  continued  .      Resolves 

Temple  Israel,  conveyance  by  city  of  Boston  of  certain  land,  to     . 

Tenancy  by  entirety,  husband  permitted  to  convey  directly  to 

himself  and  wife  for  purpose  of  creating 
Tewksbiuy,  town  of  (see  Cities  and  towns). 

Theaters,  appearance  or  employment  of  certain  children,  in,  regu- 
lation of      .....-••  - 

Theatrical  booking  agents,  personal  agents  and  managers,  busi- 
ness of,  further  regulation  of  .  .      _    • 
Tobin,  Maurice  J.,  statue  or  memorial  to  commemorate,  erection 
of,  study  and  investigation  relative  to    .                  Resolve 
Tompkins,  Harold,  widow  of,  payment  by  commonwealth  of  cer- 
tain sum  to          .....          .       Resolve 

Tornado  disaster,  funds,  certain,  raised  to  alleviate  financial  bur- 
den caused  by,  disposition  of  .  .  . 
property  affected  by,  abatement  of  taxes  on,  providing  for 
Tort  actions  (see  Actions,  civil;  Practice  in  civil  actions). 
Tourist  routes,  system  of,  establishment  of,  investigation  by  de- 
partment of  commerce  relative  to  Resolve 
Towing  trucks  (see  Motor  vehicles). 
Town  accountants  (see  City  and  town  auditors). 
Town  clerks  (see  City  and  town  clerks). 
Town  committees  (see  Elections). 

Town  manager  form  of  government,  Ipswich,  town  of,  establish- 
ment in,  of,  relative  to  ....-■ 

Town  meetings,  special,  warrants  for,  signatures  required  for  and 
time  of  holding  of,  relative  to         .  .  .  .  . 

Town  officers  (see  Municipal  ofl&cers  and  employees;   specific  titles 

of  officers). 
Town  treasurers  (see  City  and  town  treasurers). 
Town  ways  (see  Ways). 
Towns  (see  Cities  and  towns). 

Trachtenburg,  J.,  Inc.,  revival  of  corporate  powers  of 
Track  clearance,  railroad  yards,  in,  relative  to      .  . 

Trailer  coach  parks,  monthly  license  fees,  of,  relative  to 
Trailer  coaches,  certain,  monthly  license  fee,  for,  relative  to    . 
Trains  (see  Railroad). 
Transportation,  livestock,  certain,  of,  regtilation  on       .  .  . 

matters  relating  to,  investigation  relative  to  Resolves 

Trapping  licenses  (see  Licenses  and  permits) . 
Treasurers,  city  and  town  (see  Cities  and  town  treasurers). 

county  (see  County  treasurers). 

state  (see  Treasurer,  state). 


1097 

lap. 

Seotion. 

387 
679 

1.2 
1-7 

43 

459 
444 

1.2 
1-6 

435 

1,2 

561 

1,2 

245 
351 

356 
683 
460 


490 

317 

f   51 

1125 

228 

395 


110 

630 

95 

105 

618 
356 


61 


84 
32 


18 
239 
410 
410 

647 
/106 
\109 


1-3 
1,2 


1.2 

1.2 
1.2 


1-4 


bonds  and  notea,  issuance  of  certain  by    .  .  .  .  .  < 


1098  '  Index. 

Chap.  Section. 

TREASURER, STATE: 

Army  base,  repair  of,  bonds  to  be  issued  in  connection  with, 

powers  and  duties  as  to         .          .          .          .          .          .     576  2 

(148  4 

278  3 

399  4 

403  8 

452  3 

462  3 

471  3,  4 

675  1. 2 

680  2.3 

689  3 

terms  of          .........     682  1-9 

sale  of,  premiums  received  on,  application  of,  by  .          .          .     389  1, 2 

terms  of  certain  issued  during  year  1953,  changes  in       .          .       17  1-S 

Boston  Metropolitan  District,  powers  and  duties  as  to       .  .     535 

capital  outlay  program  for  commonwealth,  bonds  and  notes  to  f  471  3,  4 

be  issued  in  connection  with,  by    .          .          .          .1 682  7 

eaah  deposits  in  lieu  of  motor  vehicle  liability  policies,  deposit  in 

co-operative  banks,  of,  by     .          .          .          .                     .     126  3 

Clinton  sewage  disposal  works  reconstruction  of,  bonds  to  be  !  462  3 

issued  in  connection  with,  powers  and  duties  aa  to  .          .  \  682  6 
deposits,  certain,  by,  relative  to      .          .          .          .          .          .     135 

excise  tax,  deeds,  etc.,  on,  stamps  for,  reimbursement  to  counties 
for  premium  on  bond  relative  to  sale  of,   powers  and 
duties  as  to  .  .  .  .  .  550 

greenhead  fly  control  projects,  municipal  funds,  for,  powers  and 

duties  as  to          .          .          .          .          .                   .          .     388  1 

gjrpsy  moth  control  program,  powers  and  duties  as  to        .  .  <  -gg  i 

highway  program,  accelerated,  bonds  issued  in  connection  with,  |403  8 

powers  and  duties  as  to         .  .  .  .  \  682  4 

hurricane,  alleviation  of  financial  burdens  caused  by,  bonds  to  be 

issued  in  connection  with,  by     .  .  .     689  3 

terms  of      ........  .     690 

Massachusetts  State  Employees  Association,  dues  to,  pay-roll 

deductions^for,  powers  and  duties  as  to  ...     678 

mental  institutions,  state,  disposition  of  certain  unclaimed  funds, 

of,  powers  and  duties  as  to  .  .  .  .  .  .     455 

Metropolitan  District  Commission,  standpipe,  certain,  erection 
of,  by,  bonds  to  be  issued  in  connection  with,  by,  terms 

of 682  2 

north   metropolitan   sewerage   district,    additional   sewers,    for,  I  ^^2  3  4 

bonds  to  be  issued  in  connection  with,  powers  and  duties  i  qqo  '  5 

as  to  .  .  .  .  .         .  [ 

sewerage  project  of,  bonds  to  be  issued  in  connection  with,  ("399  4-6 

powers  and  duties  as  to  .  .  .  .  \  682  3 

south  metropolitan  sewerage  district,  certain  bonds  issued  in  J  580  1-3 

connection  with,  powers  and  duties  as  to  .  .  \  682  9 

i'"ramingham,  town  of,  payment  by,  for  admission  to,  powers 

and  duties  as  to  .  .  .  .  .  .  .  456  1,  2 

state  oflScers  and  employees,  certain,  actions  against,  payments 

relative  to,  by,  powers  and  duties  as  to  .  326 

state  recreation  areas  fund,  administration  of,  by,  powers  and 

duties  as  to 
stock  transfer  stamps,  redemption  of,  by 

Strungis,  Felix,  estate  of,  issuance  of  new  check  to,  by,  authorized 
Youth  Service  Board,  certification  of  expenditures,  by,  filing  of, 

with 130  1,  2 

Trials,  criminal  (see  Criminal  procedure  and  practice). 

Trout,  taking  of  in  coastal  waters,  regulation  on     .  .  .  .99 

Trucks  (see  Motor  vehicles). 

Trust  companies  (see  Banks  and  banking). 

Trust  estates,  tax  deduction  relative  to,  not  applicable  to  executors 

or  administrators  active  as  trustees         ....     387  1,  2 

Trustees,  co-operative  banks,  deposit  of  certain  moneys  on  paid  up  I  01 1  2  3 

shares  and  account  of,  by,  providing  for  .  .  •  1  31''  *  1 

removal  of,  appointment  to  fill  vacancy  caused  by,  petition  for, 

relative  to .478  3 

Trusts,  merger  with  street  railway  companies  of  certain,  providing 

for 576 

tax  exemption  when  income  used  for  charitable  purposes  .  .     443 


419 

1-6 

353 

2 

601 

1,  2 

Index.  1099 


Chap.  Section. 


556 

1-10 

469 

1-8 

677 

513 
117 
575 

472 

1.2 
1,  2 

1,  2 

Tuberculosis,  school  employees,  cortsiin,  removed  or  excluded  from 

employment  for  reasons  of,  sick  leave  for         .  .  .     658 

Tuberculosis  Hospitals,  counties,  of,  expenditures  for  maintenance, 

etc.,  of        ........  .     542 

Tyngsborough,  town  of  (see  Cities  and  towns). 


Ir. 

Undertakers  (see  Funeral  directors). 

Unemployment  (see  Emplojoiient  security  law). 

Uniform  commercial  code  (see  Commercial  code,  uniform). 

Uniform  Reciprocal  Enforcement  of  Support  Act,  establishment 

of 

Unions,  credit  (.see  Credit  unions). 
UNITED    STATES: 

Cushing  General  Hospital,  transfer  to  commonwealth,  of,  by    . 

Educational  Exchange  Program,  participation  in  by  cities  and 

towns  ......... 

hospital  service  corporations,  non-profit,  contracts,  certain,  by, 
making  of,  with,  authorized  ..... 

Lawrence,  city  of,  conveyance  of  certain  land,  by,  to,  relative  to 
Port  of  Boston  Commission,  army  base,  leasing  of,  to,  by, 
Scusset  beach,  leasing  of,  to  state  department  of  pulalic  works,  by 
Universities  and  Colleges  (see  Colleges  and  universities). 
University  of  Massachusetts,  Building  Association,  bonds  of,  tax- 
ation of,  relative  to       ......  .     436 

holding  of  additional  real  estate  by,  leasing  of  certain  state 

land,  to,  providing  for  ......     400  1-3 

trustees  of,  leasing  of  certain  state  land  to  University  of  Massa- 
chusetts Building  Association,  by  .... 

receipts,  certain,  of  powers  and  duties  as  to 
Urban  areas,  redevelopment  of,  act  relative  to       . 
Urban  development  corporations,  powers  and  duties  of,  relative  to 
Urban  renewal  programs,  cities  and  towns,  of,  relative  to 
Used  cars  (see  Motor  vehicles). 

Utilities,  public,  department  of  (see  Public  utilities,  department 
of). 


V. 

Vallett,  Helene  S.,  acts  as  notary  public  validated         .        Resolve       76 
Vehicles  (see  Motor  vehicles). 

Venereal  diseases,  examination  and  treatment  of  minors  for,  assault 
and  battery  immunity  protection  for  certain  physicians 
and  surgeons  performing        ......       44 

Veterans,  active  duty,  on,  bonus  benefits  extended  to  certain  .  .     563 

disabled  veterans,  Korean  War,  of,  exemption  from  motor  vehi- 
cle excise  tax,  for  .......     548 

housing  projects,  in,  citizenship  of,  relative  to  ...     625 

housing  units,  state,  rents  to  be  charged  for,  to,  special  com- 
mission   to    investigate    and    study,    revived    and    con- 
tinued        .......        Resolve       75 

Korean  War,  of,  rights  and  privileges  extended  to,  further  de- 
fining of      ........  . 

rights  and  privileges  of,  further  defining  of        .  .  . 

tax  exemptions,  real  estate,  on,  for  .  .  .  .  . 

See  also  American  Legion,  The;  American  Veterans  of  World 
War  II,  Am  vets;  Army  and  Navy  Legion  of  Valor; 
Army  and  Navy  Union,  U.  S.  A.;  Disabled  American 
Veterans,  Department  of  Massachusetts,  Inc.;  Forty- 
second  Infantry  Di\'ision  of  the  National  Association 
Rainbow  Division  Veterans;  Veterans  of  Foreign  Wars; 
Yankee  Division  Veterans  Association. 
Veterans'  benefits,  pa3Tnents,  certain,  for  illnesses  or  accidents, 
indemnification  of  commonwealth  in  cases  of,  providing 
for 

rights  and  privileges,  under    ....... 


400 

3 

400 

3 

73 

1,2 

73 

1.  2 

643 

1.  2 

627 

1-67 

/627 
\688 

1-67 

1-5 

683 

1-3 

493 

627 

1-67 

688 

1-6 

563 
661 

1.2 

416 

1.2 

482 

1.2 

606 
493 

1.  2 

474 
627 

688 

1-07 
1-5 

453 

13 

184 
254 

1-3 

1.2 

562 

a-6 

279 

1.2 

65S 

1100  Index. 

Chap.  Section. 

Veterans'  Bonus  Commission,  service  personnel,  active  duty  on, 

made  eligible  for  bonus  payment,  by      . 
Veterans'  Day,  designation  of  November  eleventh,  as    . 
Veterans  of  Foreign  Wars,  Boston  Police  Post  No.  1018,  convey- 
ance of  certain  state  land,  to  ....  . 

Medford  Post  1012,  conveyance  by  Metropolitan  District  Com- 
mission of  certain  land,  to    . 
Veterans'  Services,  Commissioner  of,  investigator  and  attorney, 
position  of,  in,  establishment  of,  relative  to     . 
payments,  certain,  reimbursement  for,  providing  for 
veterans'  counsellor,  position  of,  disabled  veteran  incumbents  of, 
civil  service  status  for  ...... 

veterans,  rights  and  privileges  of,  further  defining  of,  powers  and  /  627 
duties  as  to  .  .  .  .  .  .  . 

Veterans'  Services  Fund,  transfer  of  certain  sum  from  General 
Fund,  to     ........  . 

Vocational  rehabilitation,    program   of,    additional  expenses  of, 
appropriation  for  ....... 

Voluntary  associations  and  certain  trusts,  reports  by,  relative  to 
Volunteer  fire  companies,  motor  vehicles,  of,  registration  fee,  for, 

waiver  of    .  .  .  .  .  .  .  .  .241 

Voting  (see  Elections). 


w. 

Wages,  attachment  of,  further  regulation  of  . 

deceased  persons,  of,  payment  of,  relative  to    . 
emplojonent  security  law,  further  definition  under,  of 
reports  of,  employers  to  furnish  certain  employees,  with 
Wakefield,  town  of  (see  Cities  and  towns). 
Walpole,  town  of  (see  Cities  and  towns). 
Waltham,  city  of  (see  Cities  and  towns) . 
War  veterans  (see  Veterans). 
Ward  committees  (see  Elections). 
Wareham,  town  of  (see  Cities  and  towns). 

Warehouses,  certain,  personal  property,  in  taxation  of,  relative  to  . 

Warren,  Russell,  payment  by  town  of  Littleton  of  bxub  of  money  to 

Washington's  Birthday,  observance  of  on  Monday  nearest  said 

day,  providing  for         ....... 

Washington,  town  of  (see  Cities  and  towns). 

Water  companies,  Barnstable  Water  Company,  charter  of,  amend- 
ment of       ........  . 

WATERS  AND  WATERWAYS : 

in  general,  land  adjacent  to  certain,  drainage  of,  feasibility  of, 

joint  board  to  study     .....        Resolve       82 

brooks  and  streams : 

dredging  and  improvements  of  certain,  department  of  public 

works,  by  ........  .     579  1-8 

channels : 

Fort  Point  Channel,  tidewaters,  certain,  of,  to  be  declared  as 
non-navigable  waters  ....... 

Little  Mystic  Channel,  harbor  line,  around,  re-establishment  and 
extension  of  .......  . 

eoastal  waters : 

crabs,  edible,  close  season  on,  in,  further  regulation  of    . 
examination  of,  and  samples  of  shellfish  therein,  department 
of  public  health,  by      .  .  .  . 

further  definition  of  under  laws  relative  to  fisheries  and  game  . 
trout,  taking  of,  in,  regulation  on  ....  . 

harbors  and  bays : 

Fairhaven     harbor,     improvement     of,     investigation     and 
study  by  department  of  public  works,  relative  to,  con- 
tinued .......        Resolve       40 

Oak  Bluffs  Harbor,  bulkhead  construction  work  along  shores 

of,  contribution  by  Dukes  county  for  cost  of,  authorized  .215  1,  2 

ponds  and  lakes : 

great   ponds,    certain,   submerged   weeds,   in,   elimination   or 
control  of,  joint  board  to  investigate  and  study,  scope  of, 
increased  .......         Resolve       65 

lowering  of  waters,  of,  further  regulation  of        .  .  .     258 

Lake  Cochituate,  waters  of,  use  of  for  cooling  purposes,  au- 
thorised     .........     336 


459 
52 

l.« 
1.2 

128 

1.2 

284 

1.2 

638 

1 

37 

1-3 

248 

243 
92 
99 

1.2 

Index. 


1101 


Chap. 


WATERS    AND    WATERWAYS  —  Coticlxuied. 
ponds  and  lakes  —  Concltuied. 

Lake  Metacomet,  public  access  to,  establishment  of  right  of 
way  for  purposes  of,  providing  for  .... 

Musquashiat  pond,  improvement  of,  investigation  relative  to, 
continued   .......        Resolve 

outlet  brook  from,  improvements  to  .  .  .  . 

Pembroke,  town  of,  control  by,  of  certain,  in,  relative  to  . 
Spy  Pond,  town  of  Arlington,  in,  sanitar>'  condition  of,  further 
investigation  and  study  relative  to,  providing  for    Resolve 
Straits  Pond,  improvement  of,  investigation  relative  to,  con- 
tinued        .......        Resolve 

rivers : 

Merrimack  river,  treating  of  bed  and  banks  of  for  relief  of 
midge  nuisance,  providing  for  Resolve 

Saugus  river,  improvements,  certain,  in,  providing  for    . 
Water  districts  (see  Districts;  Water  supply). 
Water  liens,  certain,  relative  to  . 
WATER   SUPPLY: 

in  general,  purity,  of  certain,  preservation  of,  investigation  and 

study  bj'  department  of  public  health  relative  to     Resolve 

water  rates  and  charges,  liens  for,  cities,  towns  and  districts 

by,  relative  to     ......  . 

Braintree,  fluoride  supplementation,  of,  submission  to  voters  of 
question  relative  to      .....  . 

Burlington  Water  District,  borrowing  of  money  by,  amount  of 
increased    ........ 

Byfield  Water  District,  water  loan,  additional,  making  of,  by 
Dracut  Water  Supply  District,  sale  of  water  lo  certain  inhabit 

ants  of  town  of  Tyngsborough,  bj',  authorized 
Fire  District  Number  Two  in  the  town  of  South  Hadley,  borrow 

ing  of  money  for  water  purposes,  by,  authorized 
Hadley  Water  Supply  District,  boundaries  of,  establishment  of 

water  purposes,  borrowing  of  money  for,  by,  authorized 
Lee,  water  supply,  granting  of  certain  rights  by  department  of 

natural  resources  for  purposes  of,  to       . 
Leicester  Water  Supply  District,  borrowing  of  money  for  water 
purposes,  by,  authorized        ..... 

Lunenburg  Water  District  of  Lunenburg,  clerk,  of,  term  of 
office  of,  relative  to      .....  . 

Marion,  water  mains,  certain,  purchase  of,  by 

Norwood,  water  main,  construction  of  by  Metropolitan  District 
Commission,  to  . 

PljTuouth  and  Bristol  counties,  extension  of  metropolitan  water 

system  mains,  to,  study  relative  to,  providing  for  Resolve 

ground  water  supplies,  in,  investigation  and  study  relative  to, 

pro\'iding  for       ......        Resolve 

Rowley,  water  supply  purposes,  borrowing  of  money  for,  by, 
authorized  ........ 

Southeastern  Massachusetts  water  district,  establishment  of, 
special  commission  to  investigate  and  study,  revived  and 
continued  .......        Resolve 

Westminster,  water  supply  system,  operation  of,  by,  assessments 

in  connection  with,  relative  to        ....  . 

Watertown    Firefighters    Relief    Association,    Inc.,    corporate 

powers  of,  relative  to  . 
Watertown,  town  of  (see  Cities  and  towns). 
Waterways,  division  of  (see  Public  works,  department  of). 
Ways,  public,  Adamski,  Father  Cyprian  Memorial  Highway,  certain 
portion  of  Northeast  Expressway  designated  as      _ . 

Erving-Montague  Veterans  Memorial  Bridge,  certain  bridge  on 
route  sixty-three  designated  as       ....  . 

Disabled  American  Veterans  Turnpike,  Massachusetts  Turnpike 
designated,  as      .  .  .  .  .  .  _■ 

Highway  Program,  accelerated,  commonwealth  of,  pro\'iding  for 

lanes,  traffic,  driving  on  ways  divided  into,  relative  to 

Longmeadow,  town  of,  public  ways,  certain,  in,  laying  out,  al- 
teration, relocation  or  discontinuance  of,  action  relative 
to,  by,  validated  ....... 

Route  1,  traffic  conditions,  of,  investigation  and  study  by  de- 
partment of  public  works  relative  to       .  Resolve 

Route  140,  relocation  of,  investigation  and  study  by  depart- 
ment of  public  works  relative  to    .  .  .        Resolve 


339 

89 
596 
216 

47 

49 

58 
379 

487 

67 

487 

51 

485 
470 

619 

412 

299 

1 

437 

363 

35 

f  198 
[621 

278 
54 
55 

204 

71 

89 

370 

159 

221 

623 
403 
304 

414 
34 
91 


1-5 


1-6 


1-3 


1-8 

1.  2 

1,2 
1,  2 


1,  2 
1-4 
1,2 

1,  2 

1,2 

1.2 
1.2 
1-3 

1-4 


1-4 


1,2 
1-12 


1,2 


1102 


Index. 


Chap. 
Ways  —  Concluded. 

sanding  of,  towns,  certain,  in,  relative  to  ....     524 

state  highways,  replacement  and  resurfacing  of,  relative  to  .     219 

tourist  routes,  system  of,  establishment  of,  investigation  and 

study  by  department  of  commerce  relative  to       Resolve       61 
Weapons,  carrying  of  by  police  officers  off  duty,  authorization  for  .     162 
Welfare,  districts  (see  Districts). 

department  of  (see  Public  welfare,  department  of), 
local  boards  of  (see  Public  welfare,  local  boards  of), 
public  (see  Public  welfare). 
Wells,  certain,  filling  or  covering  of,  requirement  on  owners  as  to   .     213 
Earl  E.,  payment  by  county  commissioners  of  Essex  County  of 

sum  of  money  to  .......       58 

Westf ord,  town  of  (see  Cities  and  towns) . 
Westminster,  town  of  (see  Cities  and  towns). 
West  Springfield,  town  of  (see  Cities  and  towns). 
West  Stockbridge,  town  of  (see  Cities  and  towns). 
Wetherbee,  Frederick  D.,  retirement  allowance  b3'  town  of  Barn- 
stable, for,  relative  to  .  .  .  .  .  .  .     413 

Wheelwright  Scientific  School,  holding  of  additional  real  and  per- 
sonal estate,  by,  authorized  .....     150 

Wills,  rule  against  perpetuities,  modification  and  clarification,  of     .     641 
Williams,  George  C,  paj-ment  by  town  of  Andover  of  sum  of  money 

to 133 

Williams  Inn  Club,  Incorporated,  revival  of  corporate  powers,  of     259 

Wilmington,  town  of  (see  Cities  and  towns). 

Winchendon,  town  of  (see  Cities  and  towns). 

Winchester,  Police  Relief  Association,  Inc.,  members  of,  retirement 

benefits  for,  relative  to.  .  .  .  .  .11 

town  of  (see  Cities  and  towns). 
Wirzbicki,   Joseph  S.,  made  eligible  for  appointment  as  reserve 

police  officer  in  town  of  Ludlow     .....     371 

Witness  fees,  detective  force  of  state  department  of  public  safety, 

for     .  . .393 

Witnesses,  refusal  to  give  testimony  before  either  branch  of  legisla- 
ture or  special  committees  or  commissions,  by,  penalty  for     454 
Woburn,  city  of  (see  Cities  and  towns). 

Women,  labor  laws,  certain,  pertaining  to,  suspension  of         .  .10 

Worcester,  city  of  (see  Cities  and  towns). 
WORCESTER   COUNTY: 

appropriation  for  maintenance,  of,  etc.     .....     603 

tuberculosis  hospital,  expenditures  for  maintenance,  etc.,  of        .     542 
Worcester  County  Electric  Company,  lines,  poles  and  equipment, 

certain,  of,  locations  of,  made  lawful      ....     317 

WORDS   AND   PHRASES: 

armed  forces  of  the  United  States,  absentee  voting  laws,  under       79 
coastal  waters,  laws  relative  to  fisheries  and  game,  under  .       92 

employer,  workmen's  compensation  law,  under  .  .  .     265 

machinery  used  in  the  conduct  of  the  business,  taxation  laws 

under  .........     435 

mayor,  housing  authority  law,  under        .....        71 

occupation,  minimum  wage  law,  so  called,  under        .  .  .     174 

parents,  further  definition  of  for  real  estate  tax  exemption  pur- 
poses .........     245 

political  committee,  election  laws,  under  .  .  .  .     224 

property,  law  relative  to  carriers  of  property  by  motor  vehicle, 

under  .........       87 

wages,  employment  security  law,  under  .....     279 

Work  (see  Labor). 

WORKMEN'S   COMPENSATION: 

employer,  redefinition  of  under  laws  relative  to  .  .  .     265 

medical  treatment,  reports,  certain,  of,  admissibility  in  evidence 

of,  relative  to       .......  .     194 

Wrentham,  town  of  (see  Cities  and  towns). 
Writs  (sec  Actions,  civil). 


Section. 


1,2 

1,2 
1.2 

1,2 


1,2 


1 
1,2 


1.2 
1 


1,2 


Y. 

Yazikee  Division  Veterans  Association,  national  convention  of, 
in  city  of  Boston,  proper  representation  of  commonwealth 
at,  providing  for  .....        Resolve 

Yardumian,  Therese  A.  Murphy,  payment  by  commonwealth  of 
sum  of  money  to  ...... 


687  Item  2924-01 


Index.  1103 

Chap.  Section. 

Youth   service   board,    delinquent   children,   custody,   certain,   of, 

investigation  and  study  relative  to,  by  .  .        Resolve       86 

place  of  custody  in  city  of  Boston,  extension  of  time  for  main- 
tenance of,  by     .  .  .  .  .  .130  1,  2 

Buper\'isor  of  community  organization,  position  of,  incvunbent 

of,  civil  service  status  for      ......     687  Item  1380-01 

visitor  and  guardian,  employee  certain,  permanently  appointed 

as,  civil  service  status  for      ......     687  Item  1380-01 

Youth   Service,    division   of,    director,   state   youth   commission, 

membership  of,  appointment  to,  of         .  .        Resolve       18 

land,  certain,  sale  of  to  town  of  Bolton,  by       ...  .     468 


z. 

Zoning  Enabling  Act,  boards  of  appeal,  under,  designation  of  asso- 
ciate members  of,  providing  for     .....     551  1 ,  2 
establishiment  of,            ........     368  1-3