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

ACTS AND RESOLVES 



OF 



MASSACHUSETTS 

1955 



The General Court, which was chosen November 2, 1954, 
assembled on Wednesday, the fifth day of January, 1955, for its 
first annual session. 

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



ACTS. 



An Act relative to the use of ways in the city of Chav. 1 

BOSTON FOR PLAYGROUND PURPOSES. 

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

Chapter 45 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 17A, as amended by chapter 80 of the j^i7\feic 
acts of 1953, and inserting in place thereof the following amended. " 
section: — Section 17 A. For the purpose of promoting use of certain 
recreation, play or sport, the city of Boston, by written J^r^piiyg^oun"" 
order of the chairman of its traffic commission promulgated purposes, 
upon written request of its commissioner of parks and p*""°"*^*® • 
recreation and written approval of such request by its police 
commissioner, any other city by ordinance and any town 
by by-law may provide for the closing to vehicular traffic, 
during periods of time specified in such order, ordinance or 
by-law, of any public way or part thereof within the Umits of 
such city or town, except a state highway or a parkway or 
boulevard, having due regard in every instance to the rights 
of abutting owners and the general public in the use of such 
way or part thereof. Approved January 19, 1955. 

An Act authorizing the state treasurer to issue a Chap. 2 

NEW check to JAMES J. LEAHY. 

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 383182, dated May 
twenty-sixth, nineteen hundred and forty-eight, payable to 
the order of James J. Leahy, in the amount of one hundred 
and twenty-seven dollars and fifty cents. 

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

Approved January 19, 1955. 

An Act authorizing the state treasurer to issue a Chap. 3 

new check to JOHN D. DAHNER. 

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 753932, dated 
January nineteenth, nineteen hundred and forty-five, said 



4 



Acts, 1955. — Chaps. 4, 5. 



new check to be payable to John D. Dahner, Agent for 
Hotel and Restaurant Employees Association of Hampden 
County, in the amount of twenty-five dollars. 
Section 2. This act shall take effect upon its passage. 

Approved January 19, 1955. 



Chap. 



Chap. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.). 91, 
§11, etc., 
amended. 

Powers of 
department of 
public works, 
extended. 



4 An Act relative to the term of certain licenses for 

gasfitters in the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Section 121 of chapter 479 of the acts of 
1938 is hereby amended by striking out paragraph (d) and 
inserting in place thereof the following paragraph: — 

(d) Every original license issued under this section shall 
take effect upon its issuance and shall expire on such date, 
not later than one year after its effective date, as said board 
shall determine. Upon the expiration of any license issued 
under this section, the commissioner shall, upon payment of 
the required fee, renew the same except that, unless other- 
wise ordered by said board, he shall not renew the license of 
any person whose registration has been cancelled or whose 
license has been revoked or suspended. Every renewal li- 
cense issued under this section shall take effect on such date, 
not later than one month after its issuance, and expire on 
such date, not later than one year after its effective date, as 
said board shall from time to time determine. The regis- 
tration of any person whose license has not been renewed 
within one year after its expiration shall be cancelled. 

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

Approved January 20, 1955. 

5 An Act extending the authority of the department of 

public works to do certain work in tidal waters 
along the coast line. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to do certain necessary work 
in tidal waters along the coast line without delay, therefore, 
it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public health, safety and 
convenience. 

Be it enacted, etc., as follows: 

Section 11 of chapter 91 of the General Laws is hereby 
amended by striking out the first sentence, as amended by 
chapter 516 of the acts of 1950, and inserting in place thereof 
the following sentence: — The department shall undertake 
such construction and work for the improvement, develop- 
ment, maintenance and protection of tidal and non-tidal 
rivers and streams, harbors, tide waters, foreshores and 
shores along a public beach as it deems reasonable and 
proper, and for this purpose shall have the same powers 
conferred upon it by section thirty-one. 

Approved January 21, 1955. 



Acts, 1955. — Chap. 6. 

An Act establishing in the tow^n of billerica rep- 
resentative TOWN government BY LIMITED TOWN 

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

Section 1. There is hereby estabHshed in the town of 
Billerica the form of representative town government by 
limited town meetings hereinafter set forth. 

Section 2. Voting Precincts; Establishment; Revision; 
Procedure; Meetings of Voters regulated; Certain Laws 
applicable. — Upon acceptance of this act by the town of 
Billerica, as hereinafter provided, the selectmen shall forth- 
with divide the territory thereof into voting precincts, each 
of which shall be plainly designated and shall contain not less 
than four hundred registered voters. 

The precincts shall be so established as to consist of com- 
pact and contiguous territory, to be bounded as far as possi- 
ble by the center line of known streets and ways or by other 
well-defined limits. Their boundaries shall be reviewed, and, 
if need be, wholly or partly revised by the selectmen in 
December of any year when so directed by a vote of an 
annual representative town meeting. 

The selectmen shall, within ten days after any estab- 
lishment 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 or description of the 
precincts and the names and residences of the registered 
voters therein. The selectmen shall also cause to be posted 
in the town hall a map or maps or description of the precincts 
as established or revised from time to time, with the names 
and residences of the registered voters therein; and they 
shall also cause to be posted in at least one public place in 
each precinct a map or description of that precinct, with the 
names of the registered voters therein. The division of the 
town into voting precincts and any revision of such precincts 
shall take effect upon the date of filing of the report thereof 
by the selectmen with the town clerk. Whenever the pre- 
cincts are established or revised, the town clerk shall forth- 
with give written notice thereof to the state secretary, stating 
the number and designation of the precincts. 

Meetings of the registered voters of the several precincts 
for elections, for primaries, and for voting upon any question 
to be submitted to all the registered voters of the town, shall 
be held on the same day and at the same hour and at such 
place or places within the town as the selectmen shall in the 
warrant for such meeting direct. The provisions of chapters 
fifty to fifty-six, inclusive, of the General Laws, relating to 
precinct voting at elections, so far as the same are not in- 
consistent with this act, shall apply to all elections and 
primaries in the town upon the establishment of voting 
precincts as hereinbefore provided. 

Section 3. Elected Town Meeting Members. — Other 
than the officers designated in section four as town meeting 



Chap. 



Acts, 1955. — Chap. 6. 

members at large, the representative town meeting mem- 
bership shall in each precinct consist of one elected repre- 
sentative for each thirty registered voters or fraction thereof. 
When the total membership shall reach two hundred and 
forty, the membership shall in each precinct consist of the 
largest number divisible by three which will admit of a repre- 
sentation thereof in the approximate proportion which the 
number of registered voters therein bears to the total number 
of registered voters in the town, and which may cause the 
total membership to be as nearly two hundred and forty as 
may be. 

The registered voters in every precinct, 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 at the first annual town election follow- 
ing such revision, conformably to the laws relative to elec- 
tions not inconsistent with this act, shall elect by ballot as 
town meeting members the number of registered voters in 
the precinct, other than the officers designated in this act as 
town meeting members at large, provided for in the first 
paragraph of this section. The first third, in order of votes 
received, of members so elected shall serve three years, the 
second third in such order shall serve two years, and the 
remaining third in such order shall serve one year, from the 
day of the annual town meeting. In case of a tie vote 
affecting the division into thirds, as aforesaid, the members 
elected from the precinct shall by ballot determine the 
same. Thereafter, except as is otherwise provided herein, 
at each annual town election the registered voters of each 
precinct shall in Uke manner elect, for the term of three 
years, one third of the number of elected town meeting 
members to which such precinct is entitled, and shall at 
such election fill for the unexpired term or terms any va- 
cancy or vacancies then existing in the number of elected 
town meeting members in such precinct. 

The terms of office of all elected town meeting members 
from every precinct revised as aforesaid shall cease upon the 
election as 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 4. Representative Town Meetings; Procedure; 
Resignation of Members. — Any representative town meeting 
held under the provisions of this act, except as otherwise 
provided herein, shall be Umited to the town meeting mem- 
bers elected under section three, together with the following, 
to be designated town meeting members at large: — the 
chairman of each board or committee of the town, elected or 
appointed, the head of each department, and the town 
accountant. It shall be the duty of all town meeting mem- 
bers at large to attend that part of each town meeting at 
which matters other than those to be acted upon and de- 
termined otherwise than by ballot are to be considered. 



Acts, 1955. — Chap. 6. 

The town clerk shall notify the town meeting members 
of the time and place at which representative town meetings 
are to be held, the notices to be sent by mail at least seven 
days before the meeting. The town meeting members, as 
aforesaid, shall be the judges of the election and quali- 
fications of their members. A majority of the town meeting 
members shall constitute a quorum for doing business; but 
a less number may organize temporarily and may adjourn 
from time to time, but no town meeting shall adjourn over 
the date of an election of town meeting members. All town 
meetings shall be public. The town meeting members as 
such shall receive no compensation. Subject to such condi- 
tions as may be determined from time to time by the mem- 
bers of the representative town meeting, any registered voter 
of the town who is not a town meeting member may speak at 
any representative town meeting, but shall not vote. 

A town meeting member who removes from the town 
shall cease to be a town meeting member, and a town meet- 
ing member who removes from the precinct from which he 
was elected to another precinct may serve only until the next 
annual town meeting. 

Section 5. Abominations. — Nomination of candidates 
for towTi meeting members, to be elected under this act, 
shall be from among 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 town 
meeting member may become a candidate for re-election by 
giving written notice thereof to the town clerk at least 
fourteen days prior to the last day for fihng nomination 
papers. The words "Candidate for Re-election" must be 
printed on the ballot opposite the names of such candidates. 
No nomination papers shall be valid in respect to any 
candidate unless his written acceptance is endorsed thereon 
or attached thereto when filed. 

Section 6. Action on Articles in Warrant. — The articles 
in the warrant for every town meeting, so far as they relate 
to the election of the moderator, 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 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 shall be acted upon and de- 
termined exclusively by town meeting members at a meeting 
to be held at such time and place as set forth by the select- 
men in the warrant for the meeting, subject to the referendum 
provided for by section nine. 

Section 7. Moderator; Moderator pro tempore. — A 
moderator shall be elected by ballot at each town election, 
and shall serve as moderator of all town meetings, except as 
otherwise provided by law, until a successor is elected and 



Acts, 1955. — Chap. 6. 

qualified. Nominations for and election of a moderator shall 
be as in the case of other elective town officers, and any 
vacancy in the office may be filled by the town meeting mem- 
bers at a meeting held for that purpose. If a moderator is 
absent, a moderator pro tempore may be elected by the town 
meeting members. 

Section 8. Vacancies in Membership, how filled. — • Any 
vacancy in the full number of town meeting members from 
any precinct, whether arising from a failure of the registered 
voters thereof to elect, or from any other cause, may be filled 
until the next annual election by the remaining members of 
the precinct from the voters thereof. 

Notice of any vacancy shall promptly be given by the 
town clerk to the remaining members from the precinct in 
which the vacancy or vacancies exist, and he shall call a 
special meeting of such members for the purpose of filling 
such vacancy or vacancies. He shall cause to be mailed to 
every such member, not less than five days before the time 
set for the meeting, a notice specifying the object, time and 
place of the meeting. 

At the said meeting a majority of the members from such 
precinct shall constitute a quorum and they shall elect from 
their own number a chairman and a clerk. The choice to 
fill any vacancy shall be by ballot, and a majority of the 
votes cast shall be required for a choice. The chairman and 
clerk shall count the ballots and shall make a certificate of 
the choice and forthwith file the same with the town clerk, 
together with a written acceptance by the member or mem- 
bers so chosen, who shall thereupon be deemed elected and 
qualified as a town meeting member or members, subject to 
the right of all the town meeting members to judge of the 
election and qualifications of the members as set forth in 
section four. 

Section 9. Certain Votes subject to Referendum; Pro- 
cedure. — No vote, except a vote to adjourn or authorizing 
the borrowing of money in anticipation of the receipt of 
taxes, passed at any representative town meeting shall be 
operative until after the expiration of five days, exclusive 
of Sundays and holidays, from the dissolution of the meet- 
ing. 

If within the said five days, a petition signed by not less 
than five per cent of the registered voters of the town, con- 
taining 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 sub- 
mitted 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 



Acts, 1955. — Chap. 6. 

the several precinct meetings in the same manner as in the 
election of town officers. 

The questions so submitted shall be determined by a vote 
of the same proportion of the registered voters at large voting 
thereon as would have been required by law had the question 
or questions been finally determined at a representative 
town meeting, but no action shall be reversed unless at least 
twenty per cent of the registered voters shall so vote. 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 repre- 
sentative town meeting whereby it was voted (brief descrip- 
tion of the substance of the vote)?" 

If such petition is not filed within said period of five days, 
the vote of the representative town meeting shall become 
operative and effective upon the expiration of said period. 

Section 10. Authority to continue to act by Representative 
Town Meetings; Effect of Such Aclio7i. — The town, after 
acceptance of this act, shall continue to have the capacity to 
act through and to be bound by its town meeting members, 
who shall, when convened from time to time as herein pro- 
vided, constitute representative town meetings; and the 
representative town meetings shall exercise exclusively, so far 
as will conform to the provisions of this act, all powers vested 
in the municipal corporation. Action in conformity with all 
provisions of law now or hereafter applicable to the trans- 
action of town affairs in to^vn meeting shall, when taken by 
any representative town meeting in accordance with the pro- 
visions 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 organized and conducted before the establish- 
ment in said town of representative town meeting govern- 
ment. 

Section 11. Right to hold General Meetings not abridged; 
Limitation upon Powers of Representative Town Meetings. — • 
This act shall not abridge the right of the inhabitants of the 
town to hold general meetings as secured to them by the 
constitution of this commonwealth ; nor shall this act confer 
upon any representative town meeting the power finally to 
commit the town to any measure affecting its municipal 
existence or substantially changing its form of government 
without action thereon by the voters of the town at large, 
using the ballot and the check hst therefor. 

Section 12. Submission of Act to the Town. — This act 
shall be submitted to the registered voters of the town of 
Billerica for acceptance at its next annual town election. 
The vote shall be taken by ballot in accordance with the 
provisions of the General Laws, so far as the same shall be 
applicable, in answer to the question which shall be placed 
upon the official ballot to be used in said town at said election: 
— "Shall an act passed by the general court in the year nine- 
teen hundred and fifty-five, entitled 'An Act establishing in 
the town of Billerica representative town government by 



10 Acts, 1955. — Chaps. 7, 8, 9. 

limited town meetings' be accepted?" If a majority of the 
votes cast in answer to said question are in the afl&rmative, 
this act shall take effect. 

Section 13. Resubmission. — If this act is not accepted 
by the registered voters of the town of Billerica when sub- 
mitted for acceptance under section twelve, it shall again be 
submitted in Uke manner from time to time to such voters at 
any annual town election in said town within five years 
thereafter, upon a petition signed by at least ten registered 
voters of the town. Approved January 27, 1955. 

Chap. 7 An Act increasing the membership of the board of 

PUBLIC WORKS IN THE TOWN OF WAKEFIELD. 

Be it enacted, etc., as follows: 

Section 1. The board of public works authorized to be 
established in the town of Wakefield under the provisions of 
section one of chapter forty-eight of the acts of nineteen 
hundred and fifty is hereby increased from three members 
to five members. At the next annual town meeting follow- 
ing the effective date of this act there shall be elected two 
additional members, one for two years and one for three 
years, and thereafter when the term of any member expires 
his successor shall be elected to serve for three years. 

Section 2. Any action taken by the town of Wakefield 
pursuant to authority contained in section one shall be valid 
and effective for all purposes as though this act were in effect 
at the time of nomination for the office of member of the 
board of public works and for the posting of the warrant for 
said annual town meeting. 

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

Approved January 27, 1955. 

Chap. 8 An Act designating a certain building at the monson 

state hospital as the BEATRICE V. BUCKLEY BUILDING. 

Be it enacted, etc., as follows: 

Section 1. The proposed new building for disturbed 
females to be erected at the Monson state hospital shall be 
known and designated as the Beatrice V. Buckley Building 
in honor of Beatrice V. Buckley, who has been a trustee at 
Monson state hospital since nineteen hundred and forty. 

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

Approved January 31, 1955. 

Chap. 9 An Act authorizing the town of falmouth to use 
certain park land at falmouth heights for 'parking 
purposes. 

Be it enacted, etc., as follows: 

Section 1. The town of Falmouth, by vote at an annual 
or special town meeting, is hereby authorized to use the 



Acts, 1955. — Chaps. 10, 11, 12. 11 

whole or a portion of certain park land located in that part 
of said town known as Falmouth Heights, said land being 
situate between land of William J. McCann, Grand avenue, 
land now or formerly of Edgar Bristol, and the Falmouth 
Heights bathing beach, for the purposes of parking auto- 
mobiles and as a parking area, and to transfer the jurisdiction 
of said land or such portion thereof to the town of Falmouth 
beach committee. 

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

Approved January 31, 1955. 

An Act to ascertain the will of the voters of the Chav 10 

TOWN OF UPTON WITH REFERENCE TO THE QUESTION OF 
DEMOLISHING THE BUILDING KNOWN AS THE GRAND ARMY 
HALL. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of ascertaining the will of 
the voters of the town of Upton with reference to the ques- 
tion of demoUshing the building known as the Grand Army 
Hall in said town, there shall be placed upon the official 
ballot to be used at the annual town election in said town in 
the current year the following question: — "Shall the build- 
ing known as the Grand Army Hall in the town of Upton be 
demolished?" If a majority of the votes in answer to said 
question is in the affirmative, it shall be deemed and taken 
to be the will of the voters of said town that the building 
known as the Grand Army Hall be demolished, and if a ma- 
jority of said votes is in the negative, it shall be deemed and 
taken to be the will of said voters that the building known as 
the Grand Army Hall shall not be demolished. 

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

Approved January 31, 1955. 

An Act repealing an act authorizing the selectmen Chav 11 

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 it enacted, etc., as follows: 

Section 1. Chapter thirty-nine of the acts of nineteen 
hundred and fifty-four is hereby repealed. 
Section 2. This act shall take effect upon its passage. 

Approved January 31, 1955. 

An Act authorizing the town of dover to use certain Qhav 12 

PARK land for school PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Dover is hereby authorized, 
with respect to the so-called "Chickering Park" land, lo- 
cated between Dedham, Cross, and Center streets in said 



12 Acts, 1955. — Chaps. 13, 14. 

town, and left to said town under the wills of George E. 
Chickering (Norfolk County probate Ko. 58641) and Samuel 
G. Chickering (Norfolk County probate No. 61116), to use 
all or part of said land for the erection of a public school 
building or buildings and for other school purposes, and for 
all purposes incidental thereto in such manner and upon such 
terms and conditions as may be authorized by a decree of the 
probate court for Norfolk county interpreting the rights and 
duties of the town under said wills to be entered in a pro- 
ceeding in equity now pending or to be instituted by said 
town, and, subject to said decree and the provisions of this 
act, in accordance with any vote of the town passed at any 
annual or special town meeting within five years after the 
passage of this act; and after such vote said land, or such 
part thereof as may be designated by said decree and vote, 
shall be under the care and control of the school committee 
of said town in the same manner and to the same extent as 
other school property in said town. 

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

Approved January 31, 1956. 

Chap. 13 An Act authorizing the town of sharon to use certain 

PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Sharon is hereby authorized 
to use for school purposes, or school uses and for all pur- 
poses incidental thereto, the whole or such portion of cer- 
tain park land located in said town known as Veterans' 
Memorial Park and shown on "Plan of Memorial Park and 
Memorial Parkway as Laid Out for Park Purposes by the 
Planning Board of the Town of Sharon, Norfolk Co., Mass. 
(acting as Park Commissioners), dated April 16, 1946, Sur- 
veyed and Drawn March 30, 1946 by The Schuyler Clapp 
Company, Civil Engineers & Surveyors Sharon, Mass. by 
Schuyler L. Clapp, Registered Land Surveyor, Scale: 
1" = 100'", which plan was received May 1, 1946, with 
taking by town of Sharon and is filed as number 372 for the 
year 1946 in plan book 137 in the Norfolk County Registry 
of Deeds, as the to^vn, by vote of a majority of those present 
and voting at an annual or special town meeting taken 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 of the town. 

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

Approved January 31, 1955. 

Chap. 14 An Act increasing the amount of money the town of 

YARMOUTH MAY APPROPRIATE FOR PUBLIC AMUSEMENTS. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 225 of the acts of 1946 
is hereby amended by striking out, in line 2, the word "one" 



Acts, 1955. — Chap. 15. 13 

and inserting in place thereof the word : — two, — so as to 
read as follows: — Section 1. The town of Yarmouth may, 
by a majority vote, appropriate each year a sum not exceed- 
ing two thousand dollars for providing amusements or enter- 
tainments of a public character. The money so appropriated 
by the town shall be expended under the direction of the 
board of selectmen. 
Section 2. This act shall take effect upon its passage. 

Approved January 31, 1955. 



A^ Act authorizing the transfer of the braintree Qjkit) 15 

CEMETERY ASSOCIATION PROPERTY AND FUNDS TO THE 
TOWN OF BRAINTREE. 

Be it enacted, etc., as follows: 

Section 1. Braintree Cemetery Association, a corpora- 
tion established under the provisions of chapter seventy-one 
of the acts of eighteen hundred and eighty, and located in 
the town of Braintree, hereinafter called the corporation, 
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 ceme- 
tery purposes only, and subject to all rights heretofore exist- 
ing in any burial lots, the real and personal property of the 
corporation not subject to any trust, and thereupon, and 
upon the transfer of the trust funds as hereinafter provided, 
the corporation shall be dissolved; and the cemetery of 
the corporation shall be and become a public burial place, 
ground or cemetery. 

Section 2. In so far as authorized by a decree of a court 
of competent jurisdiction, and in compUance with the terms 
and conditions of such decree, said town may receive from 
the corporation a conveyance and transfer of, and administer, 
all funds or other property held by the corporation in trust 
for the perpetual care of the lots in the cemetery and for 
other purposes, and also any property devised or bequeathed 
to the corporation under the will of any person living at the 
time of said transfer or conveyance or under the will of any 
deceased person not then probated. Interest and dividends 
accruing on funds deposited in trust with any savings bank 
under authority of section thirty-seven or 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 
corporation, or of any lots in the 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 corporation 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 



14 Acts, 1955. — Chap. 16. 

purposes; provided, that all rights which any persons have 
acquired in the cemetery of the corporation, or any lots 
therein, shall remain in force to the same extent as if this act 
had not been passed and such transfer had not occurred. 
The records of the corporation 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 accept- 
ance by a majority vote of a town meeting of the town of 
Braintree. Any action taken by the town at its annual 
meeting during the current year or by its officers shall be as 
valid and effective as though this act was in effect at the time 
of the posting of the warrant of said meeting. 

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

Approved January SI, 1955. 

Chap. 16 An Act authorizing the city of Worcester to use a 

PORTION OF THE HOPE CEMETERY FOR THE PURPOSE OF 
widening HOPE AVENUE IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of widening Hope avenue in 
the city of Worcester, at the corner of Hope avenue and 
Webster street, said city is hereby authorized, in accordance 
with the provisions of section forty-one of chapter one hun- 
dred and fourteen of the General Laws, to use a portion 
of Hope Cemetery, in said city, consisting of a strip of land 
containing about fifty-seven hundred square feet bounded 
and described as follows: — Beginning at a drill hole in a 
stone monument marked W. H. on the northerly line of 
Hope avenue as located July twentieth, eighteen hundred 
and seventy-four; thence south seventy-nine degrees thirty- 
one minutes forty-seven seconds west by the said northerly 
line of Hope avenue one hundred thirty and twelve hun- 
dredths feet to a point; thence westerly by a curve to the 
right, the radius of which is two hundred forty-seven and 
ninety-four hundredths feet by the said northerly line of 
Hope avenue one hundred twenty-eight and fifty-eight hun- 
dredths feet to a point; thence westerly by a curve to the 
left, the radius of which is three hundred twenty-seven and 
ninety-four hundredths feet by the said northerly line of 
Hope avenue one hundred six and twenty-six hundredths 
feet to a drill hole in a stone monument marked W. H.; 
thence south eighty-nine degrees seven minutes four seconds 
east by land of city of Worcester, Hope Cemetery Trustees, 
three hundred fifty-eight and eighty-four hundredths feet to 
the point of beginning. 

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

Approved January 31, 1955. 



Acts, 1955. —Chaps. 17, 18. 15 



An Act to authorize the county of franklin to use (Jjiqi) jy 

FUNDS IN the post-war REHABILITATION FUND FOR RE- 
PAIR OR CONSTRUCTION OF THE LOG PLAIN ROAD BRIDGE 
IN THE TOWN OF GREENFIELD. 

Be it enacted, etc., as follows: 

Section 1. The county of Franklin is hereby author- 
ized to expend a sura of money, not in excess of six thousand 
dollars, from the post-war rehabilitation fund, for the repair 
or construction of the Log Plain Road bridge over the tracks 
of the Boston and Maine Railroad in the town of Greenfield. 
The amount hereby authorized may be used in conjunction 
with funds provided by the department of public works and 
the town of Greenfield plus any other funds appropriated by 
the general court in the manner provided by chapter ninety 
of the General Laws. 

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

Approved January SI, 1955. 

An Act authorizing cities and towns to borrow on Chap. 18 
account of public welfare and veterans' benefits. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which in part is to make immediately '''^*™ 
operative, in view of the existing financial emergency in 
certain cities and towns, the provisions of this act authoriz- 
ing cities and towns to borrow certain sums during the cur- 
rent year and the next succeeding year on account of expenses 
for public welfare and for aid to veterans, therefore this act 
is hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section I. Subject to the provisions of this act, any 
city or town, by a two-thirds vote as defined in section 
one of chapter forty-four of the General Laws, and with 
the approval of the mayor or selectmen and of the emergency 
finance board established under section one of chapter forty- 
nine of the acts of nineteen hundred and thirty-three, may 
borrow in each of the years nineteen hundred and fifty-five 
and nineteen hundred and fifty -six, inside its hmit of in- 
debtedness as prescribed by section ten of said chapter 
forty-four, for use only for meeting appropriations made or 
to be made for public welfare, including in such term old age 
assistance, aid to dependent children, and disability assist- 
ance, and for veterans' benefits to an amount not more than 
one half of one per cent of the average of the assessors' valu- 
ation of its taxable property for the three preceding years, 
such valuation to be reduced and otherwise determined as 
provided in said section ten of said chapter forty-four, and 
may issue bonds or notes therefor, which shall bear on their 
face the words (name of city or town) Municipal Relief 
Loan, Act of 1955. Each authorized issue shall constitute a 



16 Acts, 1955. — Chap. 18. 

separate loan, and such loans shall be paid in not more than 
five years from their dates, as said board shall fix, and, 
except as herein provided, shall be subject to said chapter 
forty-four, exclusive of the limitation contained in the first 
paragraph of section seven thereof. 

Loans may be issued hereunder in the year nineteen 
hundred and fifty-five or nineteen hundred and fifty-six, as 
the case may be, only by a city or town which in such year 
has appropriated to be raised by taxation, or appropriated 
from available funds for the purposes enumerated in the 
preceding paragraph, an amount not less than ninety per 
cent of the aggregate of its expenditures made in the year 
preceding the year of issue for old age assistance and aid to 
dependent children to be met otherwise than from the pro- 
ceeds of federal grants, and of its expenditures made in said 
preceding year for veterans' benefits, together with an 
amount equal to not less than seventy-five per cent of its 
expenditures made in said preceding year for all public 
welfare purposes including disability assistance to be met 
otherwise than from the proceeds of federal grants, other 
than old age assistance, aid to dependent children and 
veterans' benefits, all as determined by the board. 

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

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

Section 3. A loan order voted in any city under authority 
of this act shall be deemed to be an emergency order and as 
such may be passed in such manner as is provided for emer- 
gency orders or ordinances in its charter, and shall be in full 
force and efi'ect immediately upon final favorable action 
thereon by its city council or chief executive, as the case may 
be, or upon expiration of any period specified by such 
charter for the approval or disapproval of such orders by its 
chief executive in any case where he fails to approve or dis- 
approve such an order within such period, notwithstanding 
any provision of general or special law or ordinance to the 



Acts, 1955. —Chaps. 19, 20. 17 

contrary; provided, that in the city of Boston such loan 
orders may be passed in the manner provided in its charter 
for loan orders for temporary loans in anticipation of taxes. 

Section 4. In any city a loan order under authority of 
this act may be passed by vote of two thirds of all the mem- 
bers of the city council, or of each branch thereof where there 
are two branches, notwithstanding any provision of law to 
the contrary. Approved January SI, 1955. 

An Act authorizing the town of Hudson to borrow Chap. 19 

MONEY FOR ELECTRIC PURPOSES. 

Be it enacted, etc., as follows. • 

Section 1. For the purposes of providing funds for ex- 
tending or enlarging its electric plant, the town of Hudson 
may borrow from time to time, within a period of five years 
from the passage of this act, such sums as may be necessary, 
not exceeding in the aggregate two hundred and fifty thou- 
sand dollars, and may issue bonds or notes of the town 
therefor which shall bear on their face the words, Hudson 
Electric Loan, Act of 1955. Each authorized issue shall 
constitute a separate loan, and such loans shall be paid in not 
more than twenty years from their dates. Indebtedness in- 
curred under this act shall be in excess of the statutory limits 
prescribed by clause eight of section eight of chapter forty- 
four of the General Laws, but shall, except as provided 
herein, be subject to the applicable provisions of said chap- 
ter forty-four. 

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

Approved January SI, 1955. 

An Act ratifying and confirming certain acts of the Chap. 20 
town of agawam. 

Be it enacted, etc., as follows: 

Section 1. Any and all matters, documents, instruments, 
bonds and other financial obligations, and any and all 
papers and things to which the town of Agawam is a party, 
and to which there has been affixed, attached or imprinted 
thereon the seal of the town of Agawam bearing the date of 
incorporation as of June fifteenth, eighteen hundred and 
fifty-five, are hereby ratified and confirmed and are declared 
binding, legal and valid as of the date when said seal was 
affixed, attached or imprinted. 

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

Approved January SI, 1955. 



18 Acts, 1955. — Chaps. 21, 22, 23. 

Chap. 21 An Act providing for the transfer of park commis- 
sioner POWERS FROM THE BOARD OF SELECTMEN IN THE 
TOWN OF NEEDHAM. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 189 of the acts of 1932 
is hereby amended by striking out, in line 10, the words 
"park commissioners,". 

Section 2. This act shall be submitted to the quahfied 
voters of the town of Needham for acceptance at the annual 
town election 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 at said election: — "Shall 
an act passed by the General Court in the year nineteen 
hundred and fifty-five, entitled 'An Act providing for the 
transfer of Park Commissioner Powers from the Board of 
Selectmen in the town of Needham', be accepted?" If a 
majority of the votes cast in answer to said question are in 
the affirmative, this act shall thereupon take full effect, but 
not otherwise. 

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

Approved January 31, 1955. 

Chap. 22 An Act authorizing the town of Dartmouth to borrow 

money for water PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of extending water mains 
and improving water distribution facilities, the town of 
Dartmouth may borrow from time to time such sums as may 
be necessary, not exceeding in the aggregate one hundred 
and twenty thousand dollars, and may issue bonds or notes 
therefor which shall bear on their face the words, Dartmouth 
Water Loan, Act of 1955. Each authorized issue shall con- 
stitute a separate loan, and such loan shall be payable in not 
more than thirty years. Indebtedness incurred under this 
act shall be within the limits of the amount prescribed by 
the last paragraph of section eight of chapter forty-four of 
the General Laws and shall, except as otherwise provided by 
this act, be subject to the provisions of said chapter. 

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

Approved January 31, 1955, 

Chap. 23 An Act authorizing the town of Pembroke to receive 

AND administer THE PROPERTY OF THE SACHEM LODGE 
CEMETERY ASSOCIATION, IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section L The Sachem Lodge Cemetery Association, 
organized in eighteen hundred and eighty-five in the town 
of Pembroke, hereinafter called the association, may, by 
deed duly executed, convey and transfer to said town, and 



Acts, 1955. — Chap. 23. 19 

said town, upon its acceptance of an offer of such con- 
veyance and transfer by vote of the board of selectmen 
within six months of the effective date of this act, is hereby 
authorized and empowered to receive, and thereafter to hold 
and maintain, but for cemetery 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 
pubhc burial place, ground or cemetery, and shall be under 
the jurisdiction and control of the said town under all 
applicable provisions of general law. 

Section 2. In so far as authorized by a decree of a court 
of competent jurisdiction, and in compliance with the terms 
and conditions of such decree, said town, upon its acceptance 
of an offer of conveyance and transfer as provided in section 
one, may receive from the 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 purposes, and also any property 
devised or bequeathed to the company under the will of any 
person Hving 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 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 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 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 purposes: 
provided, that all rights which any persons have acquired in 
the cemetery of the association or any lots therein shall re- 
main 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. The action of the town of Pembroke in the 
year nineteen hundred and fifty-five in voting to accept a 
transfer of the Sachem Lodge Cemetery Association and any 
funds invested for the care of the same is hereby ratified and 
confirmed and shall have the same effect and vaUdity as if 
section one had been in effect prior to the posting of the 
warrant for said town meeting. 

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

Approved January 31, 1965. 



20 Acts. 1955. — Chaps. 24. 25, 26. 



Chap. 24 An Act to authorize cities and towns to require owners 
OF certain excavated land to erect barriers or take 

OTHER SAFETY MEASURES. 

Be it enacted, etc., as follows: 

Ed^io"' Paragraph (19) of section 21 of chapter 40 of the General 

§21,' etc., Laws, inserted by chapter 402 of the acts of 1953, is hereby 
amended. amended by inserting after the word "clay", in line 2, the 

words : — , sandstone or limestone, — so as to read as 

follows : — 
blnierau! (^^) ^^^ requiring owners of land which has been ex- 

certain exca- cavated by the removal of clay, sandstone or limestone, to 
req^red"'^' crect barriers, or to take other suitable measures to protect 

persons from damages incident thereto. The penalty for 

violation of any ordinance or by-law made hereunder shall 
Penalty. be as foUows: — for the first offence, fifty dollars; for the 

second offence, one hundred dollars; and for each subsequent 

offence, two hundred dollars. 

Approved January 31, 1955. 

Chap. 25 An Act relative to certain reports required to be 

FILED in connection WITH EXPENDITURES MADE IN PUR- 
SUANCE OF THE CIVIL DEFENSE PROGRAM. 

Be it enacted, etc., as follows: 

Section 15B of chapter 639 of the acts of 1950, as most 
recently amended by chapter 532 of the acts of 1953, is 
hereby further amended by striking out, in line 6, the word 
"semi-annually" and inserting in place thereof the word: — 
annually, — so as to read as follows: — Section 15 B. The 
city auditor, town accountant, or, if there is no such officer, 
the town treasurer, district treasurer and county treasurer, 
of every city, town, district and county making expendi- 
tures under authority of section fifteen or section fifteen A of 
this act shall file annually with the director of accounts of 
the department of corporations and taxation of the common- 
wealth a report of liabilities incurred and expenditures made 
under authority of sections fifteen and fifteen A in such form 
and detail as said director may require. 

Approved January 81, 1955. 

Chap. 26 An Act providing that the employees of the essex 

COUNTY industrial FARM BE PAID WEEKLY. 

Be it enacted, etc., as follows: 

All employees of the Essex County Industrial Farm shall 
be paid weekly, commencing with the effective date of this 
act. Approved February 1, 1955. 



Acts, 1955. — Chaps. 27, 28, 29, 30. 21 



An Act authorizing the north shore children's friend Q^iav, 27 

SOCIETY to hold ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The North Shore Children's Friend Society, 
originally incorporated by chapter eighty-one of the acts of 
eighteen hundred and forty-one, may hold real and personal 
estate to an amount not exceeding three hundred and fifty 
thousand dollars. 

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

Approved February 2, 1955. 

Kti Act relative to the leasing by the city of new Qfidj) 28 
bedford of suitable headquarters for veterans' 
organizations. 

Be it enacted, etc., as follows: 

Section 1. The city of New Bedford may, for the pur- 
pose of providing suitable headquarters for veterans' or- 
ganizations under the provisions of section nine of chapter 
forty of the General Laws, annuallj'' appropriate not more 
than ten thousand five hundred dollars, notwithstanding the 
provisions of said section nine which limit the amount of 
money that may be appropriated for such purpose. 

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

Approved February 2, 1955. 

An Act making a corrective change in the law rela- Q}jqj) 29 

TIVE to the enforcement OF THE SUPPORT OF DEPEND- 
ENTS. 

Be it enacted, etc., as follows: 

The third paragraph of section 8 of chapter 556 of the 
acts of 1954 is hereby amended by striking out, in line 8, 
the word "one" and inserting in place thereof the word: — 
five, — so as to read as follows: — 

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

Approved February 2, 1955. 



An Act authorizing trinity church in the city of 
boston to hold additional real and personal estate. 

Be it enacted, etc., as follows: 

Trinity Church in the city of Boston, incorporated by 
chapter eighty-three of the acts of eighteen hundred and 
thirty, is hereby authorized to take, hold and manage real 



Chap. 30 



22 Acts, 1955. — Chaps. 31, 32, 33. 

and personal estate to an amount not exceeding ten million 
dollars in value, which estate, or its income, shall be devoted 
to the purposes for which said church was incorporated. 

Approved February 2, 1965. 

Chap. 31 An Act validating a regional school district for the 

TOWNS OF GROVELAND, WEST NEWBURY AND MERRIMAC. 

Be it enacted, etc., as follows: 

Section 1. The organization of a regional school district 
by the towns of Groveland and West Newbury, including 
the agreement under which such district was established; 
the admission to such district of the town of Merrimac, in- 
cluding the amendment of said agreement in connection 
therewith; and all acts or proceedings heretofore done or 
taken by the said towns or the said district or the officers or 
agents of any of them in connection with said district are 
hereby validated, and said district is hereby declared to be, 
and at all times since its organization to have been, a valid 
district with all the rights, powers and duties of districts 
duly organized under section fifteen of chapter seventy-one 
of the General Laws. 

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

Approved February 3, 1955. 

Chap. 32 An Act placing the office of veterans' agent and 

DIRECTOR OF VETERANS' SERVICES IN THE TOWN OF MIL- 
FORD 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 town of IMilford 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 by the division of civil service to a qualifying 
examination, and if he passes said examination he shall be 
certified for said office and shall be deemed to be permanently 
appointed thereto without being required to serve any pro- 
bationary period. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority vote of the town meeting members 
of the town of Milford at the annual town meeting held in 
the current year, but not otherwise. 

Approved February 3, 1955. 

Chap. 33 An Act relative to the term of office of constables 

IN towns. 

Be it enacted, etc., as follows: 
g.l. (Ter. Sectiou 1 of chapter 41 of the General Laws is hereby 

amended. ' amended by striking out the paragraph contained in fines 



Acts, 1955. — Chap. 34. 23 

26 and 27, as appearing in the Tercentenary Edition, and 
inserting in place thereof the following paragraph : — 

One or more constables for the term of one or three years, constables. 
unless the town by vote provides that they shall be appointed. 

Approved February 3, 1955. 

An Act authorizing the city of lawrence to borrow (Jjidj) 34 

MONEY FOR THE PURPOSE OF CONSTRUCTING PUBLIC PARK- 
ING PLACES INCLUDING DRAINAGE AND INSTALLATION OF 
LIGHTING FACILITIES, AND AUTHORIZING THE INSTALLA- 
TION OF PARKING METERS ON SUCH PARKING PLACES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing pubhc park- 
ing spaces the city of Lawrence 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 Common 
street or any other streets in said city as the city council may 
determine. Said city may for the purposes of this act bor- 
row, from time to time, within a period of five years from the 
passage of this act, such sums as may be necessary, not 
exceeding in the aggregate five hundred thousand dollars 
and may issue bonds or notes therefor which shall bear on 
their face the words, City of Lawrence, Public Parking Loan, 
Act of 1955. Each authorized issue shall constitute a sep- 
arate 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 m said 
off-street parking areas and the receipts thereof shall be 
applied annually, first, to reimbursing the city for its annual 
payments on account of the above-mentioned loan, and 
secondly, for any of the purposes for which parking meter 
receipts may be used under sections twenty-two B and 
twenty-two C of chapter forty of the General Laws, includ- 
ing 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 February 4, 1955. 



24 Acts, 1955. — Chaps. 35, 36, 37. 



Chap. 35 An Act providing for a fifty-six hour week for per- 
manent MEMBERS OF THE FIRE DEPARTMENT IN THE TOWN 
OF MILFORD. 

Be it enacted, etc., as follows: 

Section 1. The hours of duty of the permanent mem- 
bers of the uniformed fire fighting force in the town of Milford 
shall be so established by the chief of the fire department 
that the average weekly hours of duty in any year, other 
than hours during which such members may be summoned 
and kept on duty because of conflagrations, shall not exceed 
fifty-six in number. Sections fifty-six, fifty-seven, fifty- 
eight A and B, and fifty-nine of chapter forty-eight of the 
General Laws shall not apply to the permanent members of 
the uniformed fire fighting force in said town. 

Section 2. This act shall be submitted for acceptance 
by said town at its next annual town meeting in the form of 
the following question, which shall be placed on the official 
ballot to be used for the election of town officers at said 
meeting: — "Shall an act passed by the General Court in 
the current year, entitled 'An act providing for a fifty-six 
hour week for permanent members of the Fire Department 
in the town of Milford' be accepted?" If a majority of 
votes in answer to said question is in the affirmative, this 
act shall thereupon take full effect, but not otherwise. 

Approved February 4, 1955. 

Chap. 36 An Act authorizing the city of boston to sell certain 

PARK LAND THEREIN TO THE HEBREW HOME FOR AGED. 

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 author- 
ized to sell and convey to the Hebrew Home for Aged, a 
charitable corporation organized and existing under the laws 
of the commonwealth, a certain parcel of land containing 
nine acres, more or less, bounded by Centre street and 
Walter street in the West Roxbury section of said city, and 
known as Joyce Kilmer Park, held by said city for public 
park purposes. 

Section 2. This act shall take effect upon its acceptance 
by the city council of the city of Boston, subject to the 
provisions of its charter, but not otherwise. 

Approved February 4, 1955. 

Chap. 37 An Act authorizing the museum of fine arts to hold 

ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. In addition to the land from time to time 
owned and occupied by the Museum of Fine Arts and the 
buildings located or which may be erected thereon and the 



Acts, 1955. — Chaps. 38, 39. 26 

works of art from time to time contained therein, said 
Museum of Fine Arts may receive by gift, devise, bequest or 
otherwise, and may hold, in trust or otherwise, real and per- 
sonal estate to an amount not exceeding fifty million dollars, 
which estate or its income shall be devoted to the purposes 
for which said Museum of Fine Arts was incorporated. 

Section 2. Section one of chapter one hundred and fifty- 
nine of the acts of nineteen hundred and forty-seven is 
hereby repealed. Approved February 4, 1955. 

An Act relative to information concerning jurors Qfiajj 38 

IMPANELLED TO SIT IN CIVIL AND CRIMINAL CASES. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section 4 of chapter 234 g. l. (Ter. 
of the General Laws, as amended by section 3 of chapter §'4, etc.. ' 
347 of the acts of 1949, is hereby further amended by striking amended. 
out the last sentence and inserting in place thereof the two 
following sentences: — To the name of each juror on said ^^'^Pr'^'Hl'ts 
fist shall be appended his place of residence, an exact de- regulated. 
scription of his business or occupation, and the name and 
address of his employer or of his business. In the event that 
the person listed is a married woman, there shall be ap- 
pended in addition an exact description of the business or 
occupation of her husband, and the name and address of his 
employer or of his business; and in the event that the person 
Usted is unemployed or retired, there shall be appended an 
exact description of his last business or occupation, and the 
name and address of his last employer or of his last business. 

Section 2. Section 5 of said chapter 234, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby amended by striking f,^end^e^d*.' * ^' 
out, in fines 2 and 3, the words "address and occupation of 
each juror," and inserting in place thereof the words: — 
name of each juror together with the information provided Sume subject. 
for in section four. 

Section 3. Section 25 of said chapter 234, as amended EdVJJl'^' 
by section 1 of chapter 428 of the acts of 1945, is herebj'' §"25.' etc' 
further amended by striking out, in line 4, the words "place "™''°^'"^- 
of abode and occupation", and inserting in place thereof Sforma*t1o*n'" 
the words : — together with the information provided for in !° respect to 
sections four and five,. Approved February 4, 1955. 



An Act relative to the investment of money received 
by the boston city hospital. 

Be it enacted, etc., as follows: 

Section 2 of chapter 174 of the acts of 1880 is hereby 
amended by striking out the last sentence and inserting in 
place thereof the following: — Money received by it shall be 
invested by the collector-treasurer of the city of Boston 
under the direction of said corporation; and all securities 
belonging to said^corporation shall be placed in the custody 



Chap. 39 



26 Acts, 1955. — Chaps. 40, 41, 42. 

of said collector-treasurer; provided, always, that both the 
principal and income thereof shall be appropriated according 
to the terms of the donation, devise or bequest, under the 
direction of said corporation. 

Approved February 4, 1956. 

Chap. 40 An Act further regulating the computation of sen- 
iority DATES OF EMPLOYEES CLASSIFIED UNDER CIVIL 
SERVICE. 

Be it enacted, etc., as follows: 

mYii^'' Paragraph 1 of section 15D of chapter 31 of the General 

§ ihb, etc., Laws, as amended by section 1 of chapter 447 of the acts of 
amende . 1952, is hereby further amended by striking out the second 

sentence. Approved February 4, 1955. 

Chap. 41 An Act providing for the annexation of adjacent 

TERRITORY BY FIRE DISTRICT NUMBER ONE OF THE TOWN 
OF SOUTH HADLEY. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
seventy-nine of chapter forty-eight of the General Laws, 
Fire district number one of the town of South Hadley shall 
be enlarged by moving the northerly boundary thereof to 
coincide with the existing southerly boundary of Fire Dis- 
trict Number Two in the Town of South Hadley; provided 
that any camp or summer home situated on a strip of land 
five hundred feet in width extending along the easterly shore 
of the Connecticut river from a point one thousand feet 
southerly of the mouth of Stony brook a distance of approxi- 
mately two miles measured along said easterly shore of said 
river to the area commonly known as "The Pines", may 
upon written notice of the owner thereof filed with the clerk 
of said Fire district number one of the town of South Hadley 
be excluded from said district. 

Section 2. This act shall take effect upon its acceptance 
by a majority of the voters voting upon the written ballot at 
the next annual meeting of Fire district number one of the 
town of South Hadley. Approved February 4, 1955. 

Chap. 42 An Act relative to sewer assessments in the town of 

dan VERS. 

Be it enacted, etc., as follows: 

Section L Section 2 of chapter 492 of the acts of 1945 
is hereby amended by striking out, in line 16, the words 
"five years" and inserting in place thereof the words: — 
one year. 

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

Approved February 7, 1955. 



Acts, 1955. — Chaps. 43, 44, 45. 27 

An Act relative to the powers of the American orien- Qfidrt 43 
TAL society. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 28 of the acts of 1843 
is hereby amended by striking out, in lines 2 and 3, the 
words ", the clear annual income of which shall not exceed 
the sum of three thousand dollars" and inserting in place 
thereof the words : — to the amount permitted by the General 
Laws, — so as to read as follows : — Section 2. The said 
corporation is authorized to hold real or personal estate to 
the amount permitted by the General Laws. 

Section 2. Section 1 of chapter 335 of the acts of 1891, 
as amended by section 1 of chapter 68 of the Special Acts 
of 1918, is hereby further amended by striking out, in Hues 4 
and 5, the words "state or territory of the United States and 
in the District of Columbia" and inserting in place thereof 
the words: — place or places which may be designated by its 
governing body, — so as to read as follows: — Section 1. 
The American Oriental Society, a corporation organized 
under the laws of this commonwealth, is hereby authorized 
to hold its meetings in any place or places which may be 
designated by its governing body. 

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

Approved February 7, 1955. 

An Act repealing the provision of law requiring niidy 44 

SPECIAL LICENSES FOR OPERATORS OF MOTION PICTURE ^' 

MACHINES IN CHURCHES, SCHOOLHOUSES AND PUBLIC IN- 
STITUTIONS IN THE CITY OF BOSTON TO BEAR THE WRITTEN 
APPROVAL OF THE BUILDING COMMISSIONER OF SAID CITY. 

Be it enacted, etc., as follows: 

Chapter 143 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 85, as most recently amended by section 7 f ts,' itt'' 
of chapter 553 of the acts of 1941, and inserting in place amended, 
thereof the following section: — Section 85. Notwithstand- certa^'^Hwnses 
ing any provision of sections seventy-two to eighty-four, in- for motion 
elusive, the commissioner of public safety, upon apphcation oper^ore. 
accompanied by a fee of three dollars, may grant special regulated. 
Hcenses for operators of motion picture machines in churches, 
schoolhouses or public institutions which in his opinion are 
in safe condition for said exhibitions, and he may prescribe 
regulations for the proper conduct of the same. 

Approved February 7, 1955. 

An Act placing certain police officers of the town Chav. 45 

OF acton under THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. David Scribner and Warren Birch, police 
officers of the police department of the town of Acton, shall, 
upon the effective date of this act, become subject to the 



28 Acts, 1955. — Chap. 46. 

civil service laws and rules relating to police oflBcers in 
towns, and their tenure of office shall be unlimited, subject, 
however, to said laws; provided, that they pass a qualifying 
examination to which they shall be subjected by the division 
of civil service. 
Section 2. This act shall take effect upon its passage. 

Approved February 9, 1965. 

Chap. 46 An Act relative to the alleviation of certain finan- 
cial BURDENS IMPOSED BY THE HURRICANES OF AUGUST 
THIRTY-FIRST AND SEPTEMBER ELEVENTH, NINETEEN HUN- 
DRED AND FIFTY-FOUR. 

Emergency Whereas, The deferred operation of this act would tend 

pream e. ^^ defeat its purpose, which is to provide immediately for 
the relief of the disasters caused by the hurricanes of August 
thirty-first and September eleventh, nineteen hundred and 
fifty-four, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 689 of the acts of 1954 is 
hereby amended by striking out, in lines 2 and 3, the words 
"area stricken by the hurricane of August thirty-first of the 
current year" and insertins in place thereof the words: — 
areas stricken by the hurricanes of August thirty-first and 
September eleventh, nineteen hundred and fifty-four. 

Section 2. Said chapter 689 is hereby further amended 
by striking out section 4 and inserting in place thereof the 
following section: — 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 corporations and taxation and the com- 
missioner of administration, the political subdivisions of the 
commonwealth affected by the hurricanes of August thirty- 
first and September eleventh, nineteen hundred and fifty- 
four, annually an amount equal to their obligations of repay- 
ment 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 pro- 
visions of section thirty-six A of chapter thirty-five or of 
clause (9) of section eight of chapter forty-four of the General 
Laws as a result of an emergency created by said hurricanes, 
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 hurricanes; provided, that the 
total amount to be paid by the commonwealth for such 
purposes shall not exceed twelve milUon dollars. 



Acts, 1955. — Chap. 47. 29 

Section 3. Said chapter 689 is hereby further amended 
by striking out section 6 and inserting in place thereof the 
following section: — Section 6. The board of assessors in 
each city or town affected by the hurricanes which occurred 
on August thirty-first and September eleventh, nineteen 
hundred and fifty-four may, on application for abatement 
in respect to the tax on real estate for the year nineteen 
hundred and fifty-four filed in compliance with the pro- 
visions 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 
hurricanes; 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 
section eight of chapter fifty-eight of the General Laws to 
give authority to abate in whole or in part that portion of 
the tax on property wholly or partially so destroyed which 
relates to the tax on buildings on said real estate and 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 pro- 
visions of law, application for abatement under this act shall 
be filed before October first, nineteen hundred and fifty-five. 

Approved February 9, 1955. 

An Act relative to the Massachusetts turnpike Chav 47 

AUTHORITY. 

Whereas, The deferred operation of this act would un- Emergency 
necessarily delay the construction and completion of the p""®'^™*^'^- 
much needed express highway referred to in chapter three 
hundred and fifty-four of the acts of nineteen hundred and 
fifty-two, and any additions to or extensions thereof herein 
provided for, and thereby postpone unreasonably the 
elimination of many of the present handicaps and hazards 
on the congested highways in the commonwealth, therefore 
this act is hereby declared to be an emergency law, neces- 
sary for the immediate preservation of the public safety and 
convenience. 

Be it enacted, etc., as follows: 

Section 1 of chapter 354 of the acts of 1952 is hereby 
amended by inserting after the word "Boston", in line 8, 
the words : — or from a point or points within said city. 

Approved February 9, 1955. 



30 Acts, 1955. — Chaps. 48, 49. 



Chap. 48 An Act relative to the hours of duty of permanent 

MEMBERS OF THE FIRE DEPARTMENT IN THE TOWN OF 
COHASSET. 

Be it enacted, etc., as follows: 

Section 1. The hours of duty of the permanent mem- 
bers of the uniformed fire fighting force in the town of 
Cohasset, upon its acceptance of this act as hereinafter pro- 
vided, shall be so established by officers having charge of 
the fire fighting force that the average weekly hours of duty 
in any year, other than hours during which such members 
may be summoned and kept on duty because of conflagra- 
tions, shall not exceed fifty-six in number. Sections fifty-six, 
fifty-seven, fifty-eight A and B, and fifty-nine of chapter 
forty-eight of the General Laws shall not apply to the 
permanent members of the uniformed fire fighting force in 
said town. 

Section 2. Upon petition of not less than ten per cent 
of the registered voters in said town, duly certified by the 
registrars of voters and filed with the town clerk not less than 
thirty days before any town election, the town clerk shall 
cause to be printed upon the official ballot to be used at such 
election the following question: — "Shall an act passed by 
the General Court in the year nineteen hundred and fifty- 
five, providing that the average weekly hours of duty in any 
year for the permanent members of the uniformed fire fighting 
force in the town of Cohasset, other than hours during which 
such members may be summoned and kept on duty because 
of conflagrations, shall not exceed fifty-six in number, be 
accepted?". If a majority of the votes cast on said question 
is in the affirmative, this act shall thereupon take full effect, 
but not otherwise. Approved February 9, 1955. 

Chap. 49 An Act authorizing the city of Cambridge to use 

CERTAIN PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Cambridge is hereby authorized 
to use for the erection of a public school building and for 
other school purposes, and for all purposes incidental thereto, 
the following described premises now owned and held by said 
city for park, playground or recreation purposes : — 

Beginning at a point on the southerly side of Cambridge 
street, said point being the point of curve of eight (8.0) foot 
radius at the southeasterly corner of Willow street; 

Thence, turning and running in a northeasterly direction 
along said southerly line of Cambridge street, five hundred 
and twelve and thirty-four one hundredths (512.34) feet to 
the point of curve of eight (8.0) foot radius at the south- 
westerly corner of Berkshire street; 

Thence, continuing along the arc of said eight (8.0) foot 
radius fourteen and thirty-eight one hundredths (14.38) feet 



Acts, 1955. — Chap. 50. 31 

to the point of tangency at the southwest corner of Berkshire 
street ; 

Thence, running in a southwesterly direction along the 
westerly street line of Berkshire street, one hundred and 
fifty-eight and tliirty-four one hundredths (158.34) feet to 
a point; 

Thence, turning and running in a northwesterly direction 
one hundred and twenty-six (126.0) feet to a point; 

Thence, turning and running in a southwesterly direction 
one hundred and forty-two (142.0) feet to a point; 

Thence, turning and running in a southeasterly direction 
one hundred and twenty-si.x (126.0) feet to a point on the 
westerly line of Berkshire street; 

Thence, turning and running in a southwesterly direction 
along the westerly line of Berkshire street, one hundred and 
fifty-one and sixty one hundredths (151.60) feet to a point; 

Thence, turning and running in a northwesterly direction 
five hundred and thirteen and fifty one hundredths (513.50) 
feet to a point in the easterly street line of Willow street; 

Thence, turning and running in a northeasterly direction 
along said easterly street line of Willow street three hundred 
and thirty-four and sixly-three one hundredths (334.63) feet 
to the point of tangency of eight (8.0) foot radius at the 
southeasterly corner of Cambridge street; 

Thence, continuing along the arc of said eight (8.0) foot 
radius, ten and seventy-five one hundredths (10.75) feet to 
the point of beginning. 

The above-described parcel of land, containing one hun- 
dred and eighty-eight thousand, seven hundred and nine 
(188,709.0) square feet, more or less, is shown upon a plan 
entitled, "Description of Part of Donnelly Field", drawn 
by Donald J. Reardon, Civil Engineer, dated October 14, 
1954, and on file in the office of the city engineer of the city 
of Cambridge. 

All above dimensions being more or less. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the city council of the said city, but not 
otherwise. Approved February 9, 1955. 

An Act providing a penalty for violations of rules Chap. 50 

AND regulations OF THE FORT MEADOW POND COMMIS- 
SION. 

Be it enacted, etc., as follows: 

Chapter 487 of the acts of 1953 is hereby amended by 
adding at the end the following section: — Section 5. Any 
person who violates any rule or regulation established under 
the provi.sions of this act shall be punished by a fine of not 
less than five nor more than one hundred dollars. 

Approved February 9, 1955. 



32 Acts, 1955. — Chaps. 51, 52. 



Chap. 51 An Act authorizing the town of wilbraham to use 

CERTAIN PARK LAND FOR HIGHWAY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Wilbraham is hereby authorized 
to use for highway purposes the park land or any portion 
thereof in Crane park in said town, described as follows: — 
Beginning at a point on the easterly side of Main street at the 
northwesterly corner of Crane park, said point being located 
S 25° 07' W and distant 78.89 feet from a granite highway 
bound, and thence running S 87° 31' E along land of Rudolph 
L. Shutts a distance of 156.67 feet to a point; thence running 
S 87° 33' 50" E along land of Raymond E. Gurney a distance 
of 66.08 feet; thence running S 11° 32' 30" W along land of 
said Gurney and land of J. Loring Brooks, Jr., a distance of 
191.61 feet to a point at the southeasterly corner of said 
Crane park; thence running N 73° 46' 30" W along land of 
said J. Loring Brooks, Jr., a distance of 0.68 feet to a point 
of curve; thence running northerly and westerly through land 
of said park by a curve to the left having a radius of 60.76 feet 
an arc distance of 112.06 feet to a point of tangent; thence 
running N 80° 56' 00" W through land of said park a distance 
of 160.57 feet to a point; thence running S 62° 39' 30" W 
through land of said park a distance of 33.82 feet to a granite 
highway bound in the easterly street line of Main street; 
thence running N 26° 15' E along the easterly street line of 
Main street a distance of 113.89 feet to the point of begin- 
ning. 

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

Approved February 10, 1955. 

Chap. 52 An Act authorizing the city of newton to appropriate 
money for the payment of, and to pay, a certain 
unpaid bill. 

Be it enacted, etc., as follows: 

Section 1. The city of Newton is hereby authorized to 
appropriate money for the payment of, and after such ap- 
propriation the treasurer of said city is hereby authorized to 
pay, an unpaid bill incurred by said city totalling nine 
hundred and fifty dollars and thirty-one cents to Interna- 
tional Business Machines Corporation for services and 
materials rendered to said city by said International Business 
Machines Corporation in the year nineteen hundred and 
fifty-two, which bill is legally unenforceable against said city 
either by reason of its being incurred in excess of available 
appropriations, or by reason of the failure of said city to 
comply with the provisions of its charter. 

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

Approved February 10, 1955. 



Acts, 1955. — Chaps. 53, 54, 55. 33 

An Act authorizing the city of Gardner to borrow Chap. 53 

MONEY for the PURPOSE OF REMODELING AND MAKING 
EXTRAORDINARY REPAIRS TO THE CONNORS STREET BUILD- 
ING. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodeling and making 
extraordinary repairs to the Connors street building for 
public Ubrary purposes and other public offices, the city of 
Gardner may borrow a sum, not exceeding thirty-one thou- 
sand dollars, and may issue bonds or notes therefor, which 
shall bear on their face the words, Connors Street Building 
Alteration Loan, Act of 1955. Said loan shall be paid in not 
more than ten years from its date, but no issue shall be paid 
under this act unless a sum equal to twenty-five cents on 
each one thousand dollars of the assessed valuation of the 
city of the preceding year has been appropriated from avail- 
able revenue funds or raised in the tax levy for the same 
purpose, in the year in which the loan is ordered. Indebted- 
ness incurred under this act shall be in excess of the statu- 
tory limit, but shall, except as provided herein, be subject 
to chapter forty-four of the General Laws. 

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

Approved February 10, 1955. 

An Act relative to the employment of legal assist- Chap. 54 
ance by the police commissioner for the city of 
boston. 

Be it enacted, etc., as follows. • 

Section L Section 9 of chapter 291 of the acts of 1906, 
as amended by chapter 13 of the acts of 1920, is hereby 
further amended by striking out, in fine 4, the word "seven" 
and inserting in place thereof the word : — eight, — so as to 
read as follows: — Section 9. Said pohce commissioner may 
employ such legal assistance as he may deem necessary in 
the performance of his duties, and may incur expense there- 
for to an amount not exceeding eight thousand dollars in 
any municipal year, which expense shall be paid by the 
city of Boston upon the requisition of said police com- 
missioner. 

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

Approved February 10, 1955. 

An Act to ratify and confirm that portion of a vote Chap. 55 

OF the town of FALMOUTH RELATIVE TO THE ASSESS- 
MENTS ON OWNERS OF LAND SERVED BY THE WOODS HOLE 
SEWERAGE SYSTEM. 

Be it enacted, etc., as follows: 

Section I. That portion of the vote passed under 
article 20 of the town of Falmouth special town meeting 



34 Acts, 1955. — Chap. 56. 

held on December fifth, nineteen hundred and fifty, which 
specifies that a portion of the cost of the Woods Hole sewer- 
age system to be paid by the owners of the territory served 
shall be assessed on the basis of two dollars and fifty cents 
per foot on the frontage of such land on any way in which 
said sewer is constructed, provided, that if land abuts upon 
more than one way, such assessment shall apply on one such 
way, and the other way shall be subject to an exemption of 
not less than sixty feet, and also provides that there shall be 
an annual rental or use charge of fifty per cent of the annual 
water bill, is hereby ratified and confirmed as in full legal 
force and effect notwithstanding the provisions of section 
twenty-three of chapter eighty-three of the General Laws, or 
of anything in the remainder of said vote inconsistent with 
said portion. 

Section 2. Any action taken by the town of Falmouth, 
its officers and agents, pursuant to the authority contained 
in this act shall be as valid and effective as though this act 
were in full force and effect at the time of the posting of the 
warrant for said town meeting. 

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

Approved February 10, 1955. 

Chap. 56 An Act authorizing the city of salem to sell and 

CONVEY certain PARK PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. The city of Salem by its mayor, if so author- 
ized by the city council, may sell and convey, free and clear 
from any obhgation to use the same for park purposes or 
any other purpose, if in other respects the city has or obtains 
a clear title thereto, a certain parcel of land situated in that 
part of said Salem known as Cressey avenue, now under 
control of the park department, and described as follows: — 
A portion of the Robert R. McGlew Park situated in the 
rear of land of Benjamin J. and Lucienne Stevack on Cressey 
avenue, bounded as follows: Southerly by land of Benjamin 
J, and Lucienne Stevack, about sixty-one feet; westerly by 
the Robert R. McGlew Park, city of Salem, park department, 
about forty-seven feet; northerly by land of Flora 0. 
Weston, Lena R. Oliver, and Barbara Oliver, about fifty 
feet; easterly by land of Eino and Grace F. Mackey, fifty 
feet. The above-described parcel contains twenty-six hun- 
dred square feet of land and is shown on a plan entitled 
"Portion of the Robert R. McGlew Park, North Street — 
Salem, Mass., scale one inch equals thirty feet. July, 1954, 
Edgar W. Nickerson, City Engineer." The proceeds of any 
such sale or sales shall be paid into the treasury of said city 
and shall be held subject to appropriation for park im- 
provements, notwithstanding the provisions of section sixty- 
three of chapter forty-four of the General Laws. 

Section 2. This act shall take full effect when, after 
recommendation by the board of park commissioners of the 



Acts, 1955. — Chaps. 57, 58, 59. 35 

city of Salem, it is accepted by the city council of said city, 
subject to the provisions of its charter, during the current 
year. Approved February 10, 1955. 

An Act changing the personnel of the malden sta- Chap. 57 

DIUM and athletic FIELD COMMISSION. 

Be it enacted, etc., as follows: 

Chapter 456 of the acts of 1946 is hereby amended by 
striking out section 1, as amended by section 1 of chapter 597 
of the acts of 1948, and inserting in place thereof the follow- 
ing section: — Section 1. There is hereby established in the 
city of Maiden a commission to be known as the Maiden 
Stadium and Athletic Field Commission, which shall con- 
sist of the mayor, the chairman of the school committee, the 
superintendent of schools, the principal of the high school, 
the faculty manager of athletics, the chairman of the public 
works commission, and three persons to be appointed by the 
mayor. Upon the expiration of the term of an appointed 
member, his successor shall be appointed for a term of three 
years. Approved February 10, 1955. 

An Act authorizing certain towns to renew leases Chav 58 
OF school buildings to regional school districts. 

Be it enacted, etc., as follows: 

Section 14C of chapter 71 of the General Laws, inserted EdVn*'" 
by chapter 214 of the acts of 1954, is hereby amended by §i4c. etc., 
striking out the last sentence and inserting in place thereof ''™^°'^^'^- 
the following two sentences : — In the case of a lease or Leases of 
license to use, the rental or license fee and terms of payment to'regwnai 
and assessment shall be set forth in the agreement or amend- school dis- 
ment. The lease or license to use may be for a term or period iltecf.' '^^"* 
not in excess of twenty years, and may contain provisions for 
the extension of the lease or license to use for an additional 
term or period not in excess of twenty years, at the option of 
the regional district school committee. 

Approved February 10, 1955. 

An Act increasing the amount the city of malden Chav 59 

MAY BORROW AND INCREASING THE PERIOD OF TIME WITHIN 
WHICH SUCH MONEY MAY BE BORROWED FOR THE PURPOSE 
OF CONSTRUCTING A PUBLIC PARKING PLACE. 

Be it enacted, etc., as follows: 

Section 1 of chapter 600 of the acts of 1954 is hereby 
amended by striking out. in hne 9, the word "five" and in- 
serting in place thereof the word: — ten, — and by striking 
out, in Hne 11, the words "two hundred and fifty" and 
inserting in place thereof the words: — four hundred, — so 
that the second sentence will read as follows : — Said city 
may for the purposes of this act borrow, from time to time, 
within a period of ten years from the passage of this act, 



36 Acts, 1955. — Chap. 60. 

such sums as may be necessary, not exceeding in the aggre- 
gate four hundred thousand dollars, and may issue bonds or 
notes therefor which shall bear on their face the words. City 
of Maiden, PubUc Parking Loan, Act of 1954. 

Approved February 10, 1955. 

Chap. 60 An Act concerning certain contracts entered into 

ON BEHALF OF THE CITY OF BOSTON AND THE COUNTY OF 
SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Section 6 of chapter 418 of the acts of 1890, 
as most recently amended by section 1 of chapter 376 of the 
acts of 1952, is hereby further amended by striking out the 
first sentence and inserting in place thereof the following 
sentence : — All contracts made by any department of the 
city of Boston or by any officer, board or official of the county 
of Suffolk having power to incur obligations on behalf of 
said county in cases where said obligations are to be paid for 
wholly from the treasury of the city of Boston, shall, when 
the amount involved is two thousand dollars or more, or 
when the contract comes within section thirty of chapter 
four hundred and eighty-six of the acts of nineteen hundred 
and nine, as amended, be in writing; and no such contract 
shall be deemed to have been made or executed until the 
approval of the mayor of said city has been affixed thereto 
in writing and the auditor of said city has certified thereon 
that an appropriation is available therefor or has cited 
thereon the statute under authority of which the contract is 
being executed without an appropriation. 

Section 2. Section 30 of chapter 486 of the acts of 1909, 
as amended by section 2 of chapter 376 of the acts of 1952, is 
hereby further amended by striking out the first sentence and 
inserting in place thereof the following sentence : — Every 
officer or board in charge of a department in said city and 
every officer, board or official of the county of Sufi"olk having 
power to incur obligations on behalf of said county in cases 
where said obligations are to be paid for wholly from the 
treasury of said city, when authorized to erect a new building 
or to make structural changes in an existing building, shall 
make contracts therefor, not exceeding five, each contract to 
be subject to the approval of the mayor; and when about to 
do any work or to make any purchase, the estimated cost of 
which alone, or in conjunction with other similar work or 
purchase which might properly be included in the same 
contract, amounts to or exceeds two thousand dollars, shall, 
unless the mayor gives written authority to do otherwise, 
invite proposals therefor by advertisements in the City 
Record. 

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 February 10, 1956, 



Acts, 1955. — Chaps. 61, 62, 63. 37 



An Act authorizing the submission to the voters Chap. 61 

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

Be it enacted, etc., as folio ivs: 

Section 1. At the annual town election in the town of 
Cohasset to be held on the second Saturday in 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 Cohasset water 
supply?" If a majority of those voting indicate that they 
are in favor of such supplementation, the selectmen of said 
town 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 water supply of said town. 

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

Approved February 11, 1955. 



An Act increasing the salaries of the members and Chap. 62 
the secretary of the licensing board for the city 
of boston. 

Be it enacted, etc., as follows: 

Section 1. Chapter 291 of the acts of 1906 is hereby 
amended by striking out section 2, as most recently amended 
by section 1 of chapter 403 of the acts of 1950, and inserting 
in place thereof the following section : — Section 2. The 
annual salary of the chairman of said board shall be nine 
thousand dollars, that of each of the other two members 
eighty-five hundred dollars and that of the secretary eighty- 
five hundred dollars. Such salaries shall be paid in monthly 
instalments by the city of Boston. Subject to the approval 
of the governor and council, said board may provide itself 
with rooms, convenient and suitable for the performance of 
its duties, the rent of which shall be paid by the city of 
Boston. Said rooms shall be suitably furnished and equipped, 
and the expense thereof shall be paid by said city upon 
requisition by said board. 

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

Approved February 11. 1955 



An Act relative to the minimum participation per- Chav. 63 

MISSIBLE in the investment of small trust FUNDS. 

Be it enacted, etc., as follows' 

Section 7 of chapter 203 A of the General Laws, as most Ed)','2MA. 
recently amended by chapter 209 of the acts of 1952, is hereby 5 7. eto.. 

amended. 



regulated. 



38 Acts, 1955. — Chaps. 64, 65. 

further amended by striking out, in line 12, the words "four 
thousand" and inserting in place thereof the words: — five 
orsmau*"* hundred, — so as to read as follows: — Section 7. No par- 
trust fimd8. ticipation in a common trust fund shall be acquired by any 
trustee, guardian or conservator wliile any investment therein 
is such as would then not be a proper investment for a 
trustee or then not be readily marketable, or such as would 
result in any such trustee, guardian or conservator having 
participations in common trust funds of a total value in 
excess of one hundred thousand dollars as computed in ac- 
cordance with the provisions of section six, or as would result 
in an inter vivos trust created after the date of said declara- 
tion of trust having a participation in common trust funds of 
a total value of less than five hundred dollars. 

Approved February 11, 1955. 



Chap. 64 An Act relating to the dennis-yarmouth regional 

SCHOOL district. 

Be it enacted, etc., as follows: 

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

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

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

Approved February 14, 1955. 



Chap. 65 An Act authorizing regional school districts to re- 
model and make extraordinary repairs to school 
buildings and to incur debt therefor. 

Be it enacted, etc., as follows: 

G.L. (Ter. Sectiou 16 of chapter 71 of the General Laws, as appear- 

i 16," etc., ing in section 1 of chapter 638 of the acts of 1949, is hereby 
amended. amended by striking out clauses (c) and (d) and inserting in 
place thereof the following two clauses: — 



Acts, 1955. — Chaps. 66, 67. 39 

(c) To acquire property within the towns comprising the Powers of 
district under the provisions of chapter seventy-nine and gcho°oTdui- 
section fourteen of chapter forty for the purposes of the dis- ficts. 
trict, and to construct, reconstruct, add to, remodel, make 
extraordinary repairs to, equip, organize and operate a 
school or schools for the benefit of the towns comprising the 
district, and to make any necessary contracts in relation 
thereto. 

(d) To incur debt for the purpose of acquiring land and ?°^r debt 
constructing, reconstructing, adding to, and equipping a restricted." 
school building or buildings for a term not exceeding twenty 

years or for the purpose of remodeling and making extraor- 
dinary repairs to a school building or buildings for a term 
not exceeding ten years; provided, however, that any in- 
debtedness so incurred shall not exceed an amount approved 
by the emergency finance board; and provided, further, 
that no debt may be incurred until the expiration of thirty 
days from the date said debt was authorized by the district 
committee; and prior to the expiration of said period any 
member town of the regional school district may call a town 
meeting for the purpose of expressing disapproval of the 
amount of debt authorized by the district committee, and 
if at such meeting a majority of the voters present and vot- 
ing thereon express disapproval of the amount authorized 
by the district committee, the said debt shall not be in- 
curred and the district school committee shall thereupon 
prepare an alternative proposal and a new or revised au- 
thorization to incur debt. Approved February I4, 1955. 



An Act relative to the compensation of certain elec- Chap. 66 

TION officers in THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The compensation of wardens and clerks 
serving at state elections and primaries in the city of Cam- 
bridge shall be twenty dollars, and the compensation of in- 
spectors serving thereat shall be sixteen dollars. 

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

Approved February I4, 1955. 



An Act relative to listing of persons in cities and Chap. 67 

towns. 

Be it enacted, etc., as follows: 

Section 1. Section 4 of chapter 51 of the General Laws, g. l. (Tct. 
as amended, is hereby further amended by inserting after f 4;^et".' 
the word "age" in line 7, as appearing in section 13 of amended, 
chapter 453 of the acts of 1943, the words: — or date of 
birth, — so as to read as follows : — Section 4- Except as 



40 



Acts, 1955. — Chap. 67. 



Listing of 
persons by 
registrars, 
regulated. 



G. L. (Ter. 
Ed.). SI. § 7, 
etc., amended. 



Contents of 
lists. 



G. L. (Ter. 
Ed.). 61, § 36. 
etc.. amended. 



Records ol 
voters to be 
kept in gen- 
eral registers. 



otherwise provided by law, the registrars, assistant registrars, 
or one or more of them, shall annually in January or February, 
visit every building in their respective cities and towns, and, 
after diligent inquiry, shall make true hsts containing, as 
nearly as they can ascertain, the name, age or date of birth, 
occupation, nationality if not a citizen of the United States, 
and residence on January first in the preceding year and in 
the current year, of every person twenty years of age or 
older, residing in their respective cities and towns. 

Any veteran in the soldiers' home in Chelsea shall have the 
same right as any other resident of that city to be assessed 
and to vote therein. 

Section 2. Section 7 of said chapter 51, as most recently 
amended by section 3 of chapter 188 of the acts of 1939, is 
hereby amended by inserting after the word "age", in line 9, 
the words: — or date of birth, — so as to read as follows: — 
Section 7. On the lists prepared under section six for delivery 
to the assessors or other public officers, the registrars shall 
name or designate all buildings used as residences, in their 
order on the street where they are located, by giving the 
number or other definite description of each building so that 
it can be readily identified, and shall place opposite to or 
under each number or other description of a building the 
name, age or date of birth, occupation and nationality if not 
a citizen of the United States, of every person who is listed 
under section four, and his residence on January first of the 
preceding year and of the current year. 

Section 3. Section 36 of said chapter 51, as amended, 
is hereby further amended by inserting after the word 
"age" in line 7, as appearing in section 12 of chapter 254 
of the acts of 1933, the words: — or date of birth, — and 
by adding after the word "Age", in the fifth column of the 
form set forth at the end of the first paragraph, the words : — 
or Date of Birth, — so as to read as follows : — Section 36. 
They shall keep in general registers, records of all persons 
registered as qualified to vote in the city or town. They shall 
enter therein the name of every such voter written in full, 
or instead thereof the surname and first Christian name or 
that name by which he is generally known, written in full, 
and the initial of every other name which he may have, and 
also his age or date of birth, place of birth and residence on 
January first preceding or at the time of becoming an in- 
habitant of the city or town after said day, the date of his 
registration and his residence at such date, his occupation 
and the place thereof, the name and location of the court 
which has issued to him letters of naturalization and the date 
thereof, if he is a naturalized citizen, and any other par- 
ticulars necessary to identify him fully. Except in Boston, 
the general registers shall have uniform headings in sub- 
stantially the following form, and blank books suitable for 
the purpose shall be provided at cost by the state secretary 
to registrars applying therefor: 



Acts, 1955. —Chaps. 68. 69. 



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Form of gen- 
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There shall be added in the above column designated 
"Remarks" such information pertaining to the status of a 
married woman and of a person claiming derivative citizen- 
ship as the registrars deem of value. 

Approved February I4, 1955. 

An Act relative to the brookline police mutual aid Qhav 68 

ASSOCIATION. ^' 

Be it enacted, etc., as follows: 

Section 1 of chapter 67 of the acts of 1922 is hereby 
amended by striking out, in line 5, the word "one" and in- 
serting in place thereof the word: — five, — so as to read as 
follows: — Sec/f on /. The Brookline Police Mutual Aid 
Association, a corporation duly established by law, is hereby 
authorized, acting by its board of directors, to pay or cause 
to be paid from its treasury to any member in good standing 
upon the death of his wife, the sum of five hundred dollars. 

Approved February I4, 1955. 



An Act exempting the manager of the electric light Chav 69 

department of the town of SHREWSBURY FROM THE 
CIVIL SERVICE LAWS AND RULES, AND RELATIVE TO THE 
POWERS OF THE TOWN MANAGER OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Section 4 of chapter 559 of the acts of 1953 
is hereby amended by adding at the end the following para- 
graph : — 



42 Acts, 1955. — Chap. 70. 

The manager of the electric light department appointed by 
the town manager shall possess all the powers and rights and 
shall be subject to all the duties and liabilities specifically 
conferred or imposed by any applicable provision of law, but 
in the performance thereof he shall be subject to the direction 
and control of the board of Ught commissioners, if any; other- 
wise to the direction and control of the town manager. Said 
manager of the electric Ught department shall not be subject 
to the provisions of chapter thirty-one of the General Laws 
and the rules made thereunder. 

Section 2. Paragraph (6) of section 11 of said chapter 
559 is hereby amended by inserting after the word "neces- 
sary", in Une 7, the words: — , or re-establish any depart- 
ments, commissions, boards or offices previously abolished, 
— so as to read as follows: — 

(6) The town manager, in accordance with the provisions 
of this act and except as otherwise expressly prohibited by 
the General Laws, may, with the approval of the selectmen 
reorganize, consohdate or aboUsh departments, commissions, 
boards or offices under his direction and supervision, in whole 
or in part, may establish such new departments, commissions, 
boards or offices as he deems necessary, or re-establish any 
departments, commissions, boards or offices previously abol- 
ished, 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, commission, 
board or office to another. 

Section 3. This act shall be submitted to the voters of 
said town at the next annual town meeting in the form of 
the following question, which shall be placed upon the offi- 
cial 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-five, entitled 'An Act 
exempting the manager of the electric light department of 
the town of Shrewsbury from the civil service laws and 
rules, and relative to the powers of the town manager of 
said town', be accepted?" If a majority of the votes in 
answer to said question is in the affirmative, then this act 
shall thereupon take full effect, but not otherwise. 

Section 4. For the purpose of such acceptance only, this 
act shall take effect upon its passage. 

Approved February I4, 1955. 

Chap. 70 An Act relative to the civil service status of Herbert 

CAMERA, CHIEF OF POLICE OF THE TOWN OF 0.\K BLUFFS. 

Be it enacted, etc., as follows: 

Section 1. Herbert Cambra, who was the only applicant 
for the open competitive examination for chief of police of 
Oak Bluffs held on July twentieth, nineteen hundred and 
fifty-four, and who passed the written examination shall be 
considered to be permanently appointed to the office of 
chief of police of the town of Oak Bluffs under the civil 



Acts, 1955. — Chaps. 71, 72. 43 

service laws and rules, notwithstanding the fact that he did 
not meet the height requirements as set forth in the poster 
announcing the examination. 

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

Approved February 15, 1955. 

An Act authorizing the holding of additional real and QJidj) '7\ 

PERSONAL PROPERTY BY THE TRUSTEES OF THE HOME FOR 
AGED WOMEN IN THE CITY OF WORCESTER AND FURTHER 
INCREASING THE POWERS THEREOF. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 265 of the acts of 1869 
is hereby amended by inserting after the word "estate", 
in line 6, the words : — and all other property received by 
them as such trustees. 

Section 2. Said chapter 265 is hereby further amended 
by striking out section 3 and inserting in place thereof the 
following section: — Section 3. The officers of said cor- 
poration shall be a president, secretary, treasurer and such 
other officers as the trustees shall determine, who shall be 
elected annually. The secretary shall keep a record of the 
acts and doings of the corporation in a book prepared for 
the purpose, in which he shall also record a copy of this 
act of incorporation. The treasurer shall give bond, with 
such surety and in such amount as is satisfactory to the 
trustees, conditioned to safely keep, invest and disburse 
the funds so entrusted to him, in accordance with the terms 
of the instruments under which they are received by the 
corporation. 

Section 3. Said chapter 265 is hereby further amended 
by striking out section 4, as amended by section 1 of chapter 
22 of the acts of 1879, and inserting in place thereof the fol- 
lowing section: — Section 4- The said trustees shall have 
power annually to elect the visitors of said home as provided 
for in said will, and shall also have power to fill by election 
any vacancies occurring in their own board by death, resigna- 
tion or otherwise, or to increase the number of trustees 
hereunder. 

Section 4. Said chapter 265 is hereby further amended 
by striking out section 6 and inserting in place thereof the 
following section: — Section 6. Said corporation may hold 
real estate and personal property to the value of five million 
dollars. 

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

Approved February 15, 1955. 

An Act relative to appropriations by the town of Chav 72 

MARSHFIELD FOR MUNICIPAL ADVERTISING PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the limitations as to amount 
which may be appropriated under section six A of chapter 



44 Acts, 1955. — Chaps. 73, 74. 

forty of the General Laws, the town of Marshfield may, by 
majority vote, appropriate each year an additional sum 
which, with the amount authorized to be appropriated under 
the provisions of said section six A, will not exceed two 
thousand five hundred dollars, which additional sum, except 
as expressly provided herein, shall be subject to the pro- 
visions and conditions of said section six A. 

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

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

Approved February 15, 1955. 

Chap. 73 An Act authorizing the town of tewksbury to reim- 
burse THE society of FRIARS MINOR OF THE ORDER OF 
SAINT FRANCIS FOR MONEY EXPENDED FOR A CERTAIN 
WATER EXTENSION. 

Be it enacted, etc., as follows: 

Section 1. The town of Tewksbury is hereby author- 
ized to appropriate from the town's water bond issue account 
the sum of four thousand six hundred and sixty-seven dollars 
and fifty-three cents, and to pay the same to the Society 
of Friars Minor of the Order of Saint Francis, owner and 
conductor of the Saint Francis Seraphic Seminary to reim- 
burse 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 
February seventeenth, nineteen hundred and fifty-four, and 
the act of the town in voting said reimbursement or pur- 
chase under article seventy-eight at said meeting is hereby 
vaUdated. Payment to the Saint Francis Seraphic Seminary 
in accordance with the vote of the town of Tewksbury shall 
be valid payment to the Society of Friars Minor of the Order 
of Saint Francis. Approved February 15, 1955. 

Chap. 74 An Act relative to the election and terms of office 

OF town meeting MEMBERS IN THE TOWN OF NEEDHAM. 

Be it enacted, etc., as follows: 

Section 1. Chapter 279 of the acts of 1932 is hereby 
amended by striking out section 2, as amended by section 2 
of chapter 31 of the acts of 1950, and inserting in place 
thereof the following section: — Section 2. Other than the 
officers designated in section three as town meeting mem- 
bers at large, the representative town meeting membership 
shall in each precinct consist of the largest number divisible 



Acts, 1955. — Chap. 74. 45 

by three which will admit of a representation thereof in 
the approximate proportion which the number of registered 
voters therein bears to the total number of registered voters 
in the town, and which will cause the total elected member- 
ship to be as nearly two hundred and fifty-two as may be. 
The registered voters in every precinct shall, conformably 
to the laws relative to elections not inconsistent with this 
act, elect by ballot the number of registered voters in the 
precinct, other than the officers designated in section three 
as town meeting members at large, provided for in the first 
sentence of this section, to be town meeting members of the 
town. The first third in order of votes received of members 
so elected shall serve three years, the second third in such 
order shall serve two years, and the remaining third in such 
order shall serve one year, from the day of such election. In 
case of a tie vote affecting the division into thirds as afore- 
said the members elected from the precinct shall by ballot 
determine the same. Thereafter, except as is otherwise pro- 
vided herein, at each annual town election the registered 
voters of each precinct shall, in Uke manner, elect as town 
meeting members for the term of three years such number of 
elected town meeting members as are necessary to provide 
for such precinct the total number of elected town meeting 
members to which it is then entitled, and shall at such 
election fill for the unexpired term or terms any vacancy or 
vacancies then existing in the number of town meeting 
members in such precinct. The terms of office of all elected 
town meeting members from every precinct revised as afore- 
said shall cease upon the election, as herein provided, of their 
successors. The town clerk shall, after every election of 
town meeting members, forthwith notify each member by 
mail of his election. 

Section 2. This act shall be submitted to the registered 
voters in the town of Needham for acceptance at its annual 
town election in the year nineteen hundred and fifty-five. 
The vote shall be taken by ballot in accordance with the 
provisions of the General Laws, so far as the same shall be 
applicable, in answer to the question which shall be placed 
upon the official ballot to be used in said town at said elec- 
tion: — "Shall an act passed by the General Court in the 
year nineteen hundred and fifty-five entitled 'An act relative 
to the election and terms of office of town meeting members 
in the town of Needham' be accepted by this town?" 

Section 3. If this act is not accepted by the registered 
voters of the town of Needham when submitted to said 
voters under section three, it may be submitted for accept- 
ance in like manner to such voters at any annual town 
election in said town not later than the annual town elec- 
tion in said town in the year nineteen hundred and fifty-six. 

Section 4, Upon its acceptance by a majority of the 
registered voters voting thereon at an annual town election 
as aforesaid, this act shall thereupon take effect in the 
town of Needham for all purposes incidental to the next 



46 Acts, 1955. — Chaps. 75, 76. 

annual town election in said town, at which next annual 
town election all elected town meeting members shall be 
elected and the terms of office of all elected town meeting 
members then in office shall cease. For all other purposes, 
this act shall take effect upon the date of such next annual 
town election. 

Section 5. For the purpose of such acceptance only, this 
act shall take effect upon its passage. 

Approved February 15, 1955. 

Chap. 75 An Act providing for life tenure for charles o. 

GARRISON, incumbent OF THE OFFICE OF CHIEF OF PO- 
LICE OF THE TOWN OF HOPKINTON. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of Charles O. Garrison, 
incumbent of the office of chief of police in the town of 
Hopkinton, shall, upon the effective date of this act, be 
unlimited. Said incumbent shall not be removed from 
office, lowered in rank or suspended, except for just cause 
and for reasons specifically given him in writing by the 
board of selectmen. 

Section 2. This act shall be submitted for acceptance 
to the voters of said town at the annual town election to be 
held in the current year, in the form of the following ques- 
tion which shall be placed upon the official ballot to be 
used in said election: — "Shall an act passed by the General 
Court in the year nineteen hundred and fifty-five, entitled 
'An Act providing for life tenure for Charles O. Garrison, 
incumbent of the office of chief of police of the town of 
Hopkinton', be accepted?" If a majority of the votes in 
answer to said question is in the affirmative, then this act 
shall thereupon take full effect, but not otherwise. 

Approved February 15, 1955. 

Chap. 76 An Act providing tenure of office for the chief of 

POLICE OF THE TOWN OF PEPPERELL. 

Be it enacted, etc., as follows: 

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

Section 2. At any time after the expiration of one year 
from the date on which this act is accepted, and not less 
than sixty days before the date of an annual meeting, a 
petition, signed by not less than ten per cent of the regis- 
tered voters of the town, may be filed with the selectmen, 



Acts, 1955. — Chaps. 77, 78. 47 

requesting that the question of revoking the acceptance of 
this act be submitted to the voters. Thereupon the select- 
men shall cause the question of revocation of the acceptance 
to be placed on the ballot at the next annual election. At 
said election the vote shall be taken in answer to the follow- 
ing question which shall be printed on the official ballot: 
"Shall the acceptance by the town of Pepperell of an act 
passed by the General Court in the year nineteen hundred 
and fifty-five, entitled 'An Act providing tenure of office for 
the chief of police of the town of Pepperell' be revoked?" 
If such revocation is favored by a majority of the voters 
voting thereon by ballot, the acceptance of this act shall be 
revoked and this act shall become null and void beginning 
with the first day of the month next following such revocation. 
Section 3. This act shall be submitted to the voters of 
said town at the annual meeting in the year nineteen hun- 
dred and fifty-six 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-five, entitled 'An Act providing tenure of office for 
the chief of police of the town of Pepperell', 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 Fehrvory 15, 1955. 

An Act relative to the tenure of office of the pres- Chap. 77 

ENT DIRECTOR OF THE REVERE YOUTH COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The incumbent of the office of director of the 
Revere Youth Commission on the effective date of this act 
shall hold office during good behavior unless incapacitated 
by physical or mental disability from performing his duties 
until the city council shall remove him therefrom in ac- 
cordance with the provisions of chapter thirty-one of the 
General Laws, and the rules made thereunder, relative to 
removals from the classified public service. 

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

Approved February 15, 1955. 

An Act providing tenure of office for the chief of Chap. 78 
police of the town of townsend. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of Donald R. Morse, the 
incumbent of the office of chief of police of the town of 
Townsend, shall be unlimited, but he may be removed 
therefrom, lowered in rank or compensation or transferred 
upon the revocation of the acceptance of this act in the 
manner provided by section two thereof, or for cause after 



48 Acts, 1955. — Chap. 79. 

hearing in the manner provided by section forty-three of 
chapter thirty-one of the General Laws. 

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

Section 3. This act shall be submitted to the voters of 
said town at the annual meeting in the year nineteen hun- 
dred and fifty-six in the form of the following question, 
which shall be placed upon the official ballot to be used for 
the election of town officers at said meeting: — ** Shall an 
act passed by the General Court in the year nineteen hun- 
dred and fifty-five, entitled 'An Act providing tenure of 
office for the chief of police of the town of Townsend', be 
accepted?" If a majority of the votes in answer to said 
question is in the affirmative, then this act shall thereupon 
take full effect, but not otherwise. 

Approved February 15, 1955. 

Chap. 79 An Act to authorize the town of watertown to reim- 
burse ANTHONY LeCONTI FOR CERTAIN EXPENSES IN- 
CURRED BY HIM ON ACCOUNT OF INJURIES SUSTAINED 
BY HIS MINOR DAUGHTER, 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation the town of Watertown may appropriate and 
pay to Anthony LeConti a sum not in excess of four hundred 
and fifty dollars to reimburse him for expenses of medical 
care and other incidental medical expenses incurred by him 
on account of injuries sustained by his minor daughter, 
Dorothy M. LeConti, on August fifth, nineteen hundred 
and fifty-four, in the playground area known as Howe Park 
plaj''ground in said Watertown. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority vote of the town meeting members by 
a regular or special town meeting. 

Approved February 15, 1955. 



Acts, 1955. —Chaps. 80, 81. 49 

An Act to eliminate the requirement of a separate (JJidj)^ gO 

FINANCIAL STATEMENT ON CHILDREN'S INSURANCE IN THE 
ANNUAL REPORT OF FRATERNAL BENEFIT SOCIETIES. 

Be it enacted, etc., as follows: 

Section 20 of chapter 176 of the General Laws, as appear- g l. (Xer. 
ing in the Tercentenary Edition, is hereby amended by strik- $ ais' amended . 
ing out the first sentence. Approved February 15, 1955. 

An Act further extending the territory of the Qfidj) gj 

BARNSTABLE FIRE DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Chapter 109 of the acts of 1926 is hereby 
amended by striking out section 1, as amended by section 1 
of chapter 175 of the acts of 1947, and inserting in place 
thereof the following section : — Section 1. The inhabitants 
of the town of Barnstable liable to taxation in said town and 
residing within the territory comprised within the following 
boundary lines, to wit: — Beginning at a point at Barn- 
stable harbor on the dividing line between the towns of 
Yarmouth and Barnstable; thence running southerly on said 
boundary Hne to the northerly boundary line of the Hyannis 
fire district; thence running westerly by the northerly fine 
of said Hyannis fire district to the northerly line of State 
Highway Route 132; thence running westerly by the 
northerly line of said highway, in its present reconstructed 
location, to the southerly boundary of Precinct One; thence 
running westerly by the southerly line of Precinct One to 
the easterly boundary of the West Barnstable fire district; 
thence running northerly by the easterly boundary of the 
West Barnstable fire district to a point on said easterly 
boundary line two thousand feet distant from the southerly 
line of Old County road, now in part a state highway known 
as Route 6A; thence running westerly on a Hne parallel with 
and two thousand feet distant southerly from said Route 6A 
to a fine in range of the stone wall forming the easterly 
boundary of Sandy Street Cemetery, so called, said line 
parallel with Route 6A also being a portion of the northerly 
boundary of the West Barnstable fire district; thence run- 
ning northerly on an extension both north and south of the 
line of said stone wall to Barnstable harbor, said line also 
being a portion of the easterly boundary of the West Barn- 
stable fire district; thence running easterly by said Barn- 
stable harbor to the point of beginning, — shall constitute a 
body corporate, known as the Barnstable fire district, which 
shall be a fire and water district, and said corporation, except 
as herein otherwise provided, shall have all the powers and 
be subject to all the duties and liabilities set forth in all 
general laws now or hereafter in force relating to such 
districts. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the Barnstable 



50 Acts, 1955. — Chap. 82. 

fire district, as described and constituted immediately prior 
to the passage of this act. present and voting thereon at a 
district meeting called for the purpose within three years 
after its passage; but the number of meetings so called in 
any one year shall not exceed three. 

Approved February 15, 1955. 

Chap. 82 An Act relative to the reference to the voters in 

THE town of SWAMPSCOTT OF CERTAIN VOTES OF REPRE- 
SENTATIVE TOWN MEETINGS. 

Be it enacted, etc., as follows: 

Section 1. Section 8 of chapter 300 of the acts of 1927 
is hereby amended by striking out, in line 7, the words 
"two hundred" and inserting in place thereof the words: — 
five per cent of the, — so as to read as follows : — Section 8. 
No vote, except a vote to adjourn or authorizing the bor- 
rowing of money in anticipation of the receipt of taxes for 
the current year, passed at any representative town meeting 
shall be operative until after the expiration of five days, ex- 
clusive of Sundays and holidays, from the dissolution of the 
meeting. If, within said five days, a petition, signed by not 
less than five per cent of the registered voters of the town, 
containing their names and addresses as they appear on the 
Ust of registered voters, is filed with the selectmen asking 
that the question or questions involved in such vote be sub- 
mitted 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 nine o'clock in 
the evening and all votes upon any questions so submitted 
shall be taken by ballot, and the check fist shall be used 
in the several precinct meetings in the same manner as 
in the election of town officers. The questions so sub- 
mitted shall be determined by vote of the same propor- 
tion of voters at large voting thereon as would have been 
required by law of the town meeting members had the 
question been finally determined at a representative town 
meeting. The questions so submitted shall be stated upon 
the ballot in substantially the same language and form in 
which they were stated when presented to said representative 
town meeting by the moderator, and as appears from the 
records of said meeting. If such petition is not filed within 
the said period of five days, the vote of the representative 
town meeting shall become operative and effective upon the 
expiration of said period. 

Section 2. This act shall be submitted for acceptance 
to the quaUfied voters of the town of Swampscott at the 
annual town election in the current year. The vote shall be 
taken by ballot, in answer to the following question, which 
shall be placed upon the official ballot to be used at said 



Acts, 1955. — Chaps. 83, 84. 51 

election: — "Shall an act passed by the General Court in 
the year nineteen hundred and fifty-five entitled 'An Act 
relative to the reference to the voters in the town of Swarap- 
scott of certain votes of representative town meetings', be 
accepted?" If a majority of the voters voting on said 
question shall vote in the affirmative, this act shall there- 
upon take full effect. 

Section 3. For the purpose of acceptance by said town, 
this act shall take efTect upon its passage. 

Approved February 15, 1955. 



An Act providing for the abandonment of buttery Chap. 83 

BROOK reservoir AS A SOURCE OF PUBLIC WATER SUPPLY 
BY FIRE DISTRICT NUMBER ONE OF THE TOWN OF SOUTH 
HADLEY. 

Be it enacted, etc., as follows: 

Section 1. Fire District Number One of the Town of 
South Hadley is hereby authorized to abandon Buttery 
Brook reservoir, located in said town, as a source of public 
water supply and may at any time use for other purposes 
than pubhc water supply, sell, exchange or lease any prop- 
erty, comprising all or any portion of such abandoned reser- 
voir, or any property or easement or right in property 
acquired or held in connection with such abandoned reser- 
voir, and upon such abandonment of said reservoir, and filing 
a notice to that effect with the department of public health, 
the restriction as to use of such property or right therein for 
pubhc water supply purposes shall become null and void 
and of no effect. 

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

Approved February 16, 1955. 

An Act authorizing the city of Cambridge to use sur- Chav. 84 
PLUS income of its water department for an addi- 

TIONAL PURPOSE. 

Be it enacted, etc., as follows: 

Section 1. Section 3 of chapter 161 of the acts of 1946, 
as amended by section 1 of chapter 81 of the acts of 1948, is 
hereby further amended by inserting after the word "Laws" 
in line 7 the words : — , or for the purpose of appropriation 
as a loan base as required by said section seven, — so as to 
read as follows : — Section S. Notwithstanding the provisions 
of section two, whenever the surplus income of the water 
works shall exceed the sum of three hundred thousand 
dollars, such excess may be used by the city of Cambridge for 
any purpose for which the city may borrow under sections 
seven and eight of chapter forty-four of the General Laws, 
or for the purpose of appropriation as a loan base as required 
by said section seven, or for a swimming pool, the cost of 



52 



Acts, 1955. — Chaps. 85, 86. 



which shall not exceed one hundred and fifty thousand dol- 
lars, under the following conditions: — 

(a) The city auditor of the city of Cambridge and the 
director of accounts of the commonwealth shall both certify 
the amount of the surplus income. 

(6) Appropriations from the amount thus certified, so 
far as such amount is in excess of three hundred thousand 
dollars, shall be made, upon the recommendation of the 
Cambridge water board and the city manager, by the city 
council of the city of Cambridge. 

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

Approved February 23, 1955. 



Chap. 85 An Act authorizing cities and towns to construct, 

OPERATE AND MAINTAIN INCINERATORS AND TO BORROW 
MONEY FOR THE CONSTRUCTION THEREOF. 



Emergencj- 
preamble. 



G. L. (Ter. 
Ed.), 40, S 5, 
amended. 



Construction, 
etc., of in- 
cinerators by 
cities and 
towns, 
authorized. 



G. L. (Ter. 
Ed.), 44, § 7, 
amended. 



Borrowing for 
above pur- 
poses, au- 
thorized. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose which is to authorize forthwith cities and 
towns to construct, maintain and operate incinerators for 
the disposal of waste, refuse and garbage and to borrow 
money for the construction of such incinerators, therefore 
it is hereby declared 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. Section 5 of chapter 40 of the General Laws 
is hereby amended by inserting after clause (19) the follow- 
ing clause: — 

(19A) For the construction, maintenance, and operation 
of an incinerator or incinerators located within the town for 
the purpose of disposing of waste, refuse and garbage col- 
lected by the town or by other persons or other munici- 
palities. A city or town may establish charges for the dis- 
posal in said incinerator of waste, refuse and garbage col- 
lected by contractors, other municipalities, or individuals. 

Section 2. Section 7 of chapter 44 of the General Laws 
is hereby amended by inserting after clause (4) the following 
clause : — 

(4A) For the construction of incinerators within the town 
for the purpose of disposing of waste, refuse and garbage, 
twenty years. Approved February 23, 1955. 



Chap. 86 An Act relating to water bonds of the town of 

WESTMINSTER. 

Be it enacted, etc., as follows: 

Section L Chapter 369 of the acts of 1950. as amended 
by section 1 of chapter 89 of the acts of 1954, is hereby further 
amended by striking out section 6 and inserting in place 
thereof the following section : — Section 6. Said town shall, 
at the time of authorizing any loan under this act or any loan 



Acts, 1955. — Chap. 87. 53 

for water purposes under any other law, provide for the pay- 
ment thereof in accordance with the provisions of section five 
or of such other law, as the case may be; and when a vote to 
that effect has been passed, a sura 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 all such 
bonds or notes and the principal thereof when due, shall 
without further vote be assessed by the assessors of said 
town annually thereafter upon all taxable property in the 
town in the same manner as other taxes, until the debt in- 
curred by such loan or loans is extinguished; provided, that 
the amount of such annual tax may be reduced by the 
amount of the proceeds of the assessments hereinafter pro- 
vided for which shall be on hand at the time of such tax 
levy and available for the payment of the principal and in- 
terest of such bonds or notes, which amount shall thereafter 
be held and applied solely to such payment. The provisions 
of this section shall constitute separate and complete author- 
ity for the assessment of such annual tax, and they shall not 
be limited by any other provisions of this act or affected by 
any ineffectiveness or invalidity thereof. 

Section 2. Section 6A of said chapter 369, inserted by 
said chapter 89, is hereby amended by striking out, in fines 
1 to 4, the words "Said town shall at the time of authorizing 
said loan or loans, provide for the payment thereof in ac- 
cordance with the provisions of section six, and Avhen a vote 
to that effect has been passed" and inserting in place thereof 
the words: — When said town shall have accepted this act. 

Section 3. The votes of said town, passed November 
thirtieth, nineteen hundred and fifty, accepting said chapter 
three hundred and sixty-nine; passed February twenty- 
third, nineteen hundred and fifty-four, accepting said chapter 
eighty-nine; and passed October thirteenth, nineteen hun- 
dred and fifty-four, authorizing the issue of bonds or notes 
not exceeding two hundred and fifty thousand dollars under 
said chapter three hundred and sixty-nine, as amended by 
said chapter eighty-nine, and bonds or notes not exceeding 
one hundred thousand dollars under chapter forty-four of 
the General Laws, are hereby validated, and said bonds may 
be issued under said chapter three hundred and sixty-nine, 
as amended by said chapter eightj^-nine, and by this act 
and under said chapter forty-four, as amended, respectively. 

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

Approved February 23, 1955. 

An Act enabling American unitarian youth and uni- Chap. 87 

VERSALIST YOUTH FELLOWSHIP TO COMPLETE THEIR CON- 
SOLIDATION. 

Be it enacted, etc., as follows: 

Section 1. American Unitarian Youth and Universalist 
Youth Fellowship, corporations established and existing 



54 Acts, 1955. — Chap. 87. 

under the laws of the commonwealth, are hereby authorized 
to consolidate into one corporation, under the name Liberal 
Rehgious Youth, with all the privileges, powers and im- 
munities which said existing corporations have heretofore 
acquired or enjoyed by statute or otherwise, and, except as 
provided otherwise in this section with respect to meetings, 
with the powers, privileges and immunities set forth in all 
general laws pertaining to corporations organized under 
chapter one hundred and eighty of the General Laws and all 
acts in amendment thereof and in addition thereto for any 
educational, charitable, benevolent or religious purpose, 
which consolidated corporation shall in all respects be a con- 
tinuation of and the lawful successor to said existing cor- 
porations. Said consolidated corporation and its officers 
and directors may hold their meetings, annual or otherwise, 
anywhere in the United States or Canada. 

Section 2. Upon such consolidation all property of said 
existing corporations, including all bequests, devises, gifts 
and transfers of any kind heretofore made to them, shall vest 
in and may be received by said consolidated corporation, and 
all bequests, devises, gifts and transfers of any kind hereafter 
made to or for the benefit of said existing corporations shall 
vest in said consolidated corporation, and said consolidated 
corporation shall have with respect to such property and with 
respect to such bequests, devises, gifts and transfers, whether 
heretofore or hereafter made, the same powers, rights and 
privileges as would have been possessed by said existing 
corporations had such consolidation not been effected; 
provided, that no property now held by, or hereafter be- 
queathed, devised or given to, either of said existing cor- 
porations upon specific and limited charitable uses and 
trusts, as distinguished from property held by, or hereafter 
bequeathed, devised or given to, them for their general 
purposes, shall be so received unless authorized by decree of 
a court of competent jurisdiction. 

Section 3. The officers, or any of them, of each of said 
existing corporations are hereby respectively authorized to 
execute and deliver all instruments and to perform all such 
other acts as may be necessary or proper to carry out and 
implement the consolidation authorized by this act. 

Section 4. Said consohdation shall be effective and 
complete when each of the said existing corporations, at a 
meeting called for the purpose, shall have accepted this act, 
and certified copies of the acceptance votes shall have been 
filed with the state secretary and recorded in the registry of 
deeds for the county of Suffolk. 

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

Approved February 23, 1955. 



ACTS; 1955. — Chaps. 88, 89. 55 



An Act further regulating the age op enlistment in Chap. 88 

THE uniformed BRANCH OF THE DIVISION OF STATE 
POLICE IN THE DEPARTMENT OF PUBLIC SAFETY. 

Be it enacted, etc., as follows: 

The first paragraph of section 9A of chapter 22 of the g. l. (Ter. 
General Laws is hereby amended by striking out the last ^tt! 'amended.' 
sentence, as amended by section 1 of chapter 313 of the acts 
of 1954, and inserting in place thereof the following sen- 
tence: — No person who has not reached his twenty-first Agerequire- 
birthday nor any person who has passed his thirtieth birth- "olfce." 
day shall be enlisted for the first time as an officer of the 
division of state police, except that said maximum age quali- 
fication shall not apply in the case of the enhstment of any 
woman as such an officer. Approved February 23, 1955. 

An Act making certain changes in the law relative Chap. 89 

TO the ADOPTION OF CHILDREN. 

Be it enacted, etc., as follows: 

Section 3 of chapter 210 of the General Laws, as most re- o. l. (Xer. 
cently amended by chapter Gl of the acts of 1953, is hereby ^tc"^'ameAded 
further amended by striking out, in line 7, the words "in this 
commonwealth", — so as to read as follows: — Section 3. 
The consent of the persons named in section two, other than Adoption of 
the child or her husband, if any, shall not be required if the reilufted 
person to be adopted is of full age, nor shall the consent of 
any such person other than the child be required if such 
person is adjudged by the court hearing the petition to be 
hopelessly insane, or is imprisoned in any penal institution 
under sentence for a term of which more than three years 
remain unexpired at the date of the petition; or if he has 
wilfully deserted or neglected to provide proper care and 
maintenance for such child for one year last preceding the 
date of the petition, and the foregoing provision shall be 
appUcable to the parent or parents of the child and their 
consent shall not be required notwithstanding the absence of 
a court decree ordering said parent or parents to pay for the 
support of said child, and notwithstanding a court decree 
awarding custody of said child to another; or if he has 
suffered such child to be supported for more than one year 
continuously prior to the petition by an incorporated chari- 
table institution or by a town or by the commonwealth; or 
if he has been sentenced to imprisonment for drunkenness 
upon a third conviction within one year and neglects to 
provide proper care and maintenance for such child; or if 
such person has been convicted of being a common night 
walker or a lewd, wanton and lascivious person, and neglects 
to provide proper care and maintenance for such child. A 
giving up in writing of a child, for the purpose of adoption, 
to an incorporated charitable institution or the department 
of public welfare shall operate as a consent to any adoption 



56 



Acts, 1955. — Chaps. 90, 91, 92. 



subsequently approved by such institution or said depart- 
ment. Notice of the petition shall be given to the depart- 
ment of public welfare, if the child is supported by a town or 
by the commonwealth, and if the child is supported by a 
town, notice shall also be given to the board of public welfare 
thereof, and in Boston said notice shall be given both to the 
overseers of the public welfare in the city of Boston and to 
the institutions department. Approved February 23, 1955. 

Chap. 90 An Act relative to the salary of the superintendent 
OF construction in the department of school build- 
ings OF the city of boston. 

Be it enacted, etc., as follows: 

Chapter 351 of the acts of 1929 is hereby amended by 
striking out section 2 and inserting in place thereof the 
following section : — Section 2. The department of school 
buildings of the city of Boston is hereby established and 
shall be under the charge of a superintendent of construction 
who shall be elected by the board of commissioners and shall 
serve at the pleasure of said board. His salary shall be es- 
tablished by said board of commissioners, with the approval 
of the school committee. He shall make a written report to 
the mayor, to the school committee and to the board of 
commissioners annually or oftener as the mayor, or the school 
committee or the board of commissioners may require and 
in such manner and detail as may be required. 

Approved February 23, 1955. 



Chap. 91 An Act relating to penalties for excessive loads 

ON bridges. 



G. L. (Ter. 
Ed.), 85 § 35, 
amended. 



Vehicular 
loads on 
bridges, 
regulated. 



Be it enacted, etc., as follows: 

Section 35 of chapter 85 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by 
striking out the last sentence and inserting in place thereof 
the following sentence: — Any person operating a vehicle 
the weight of which with its load exceeds the maximum 
weight as posted under this section or section thirty-four 
shall be punished by a fine of not more than two hundred 
dollars, unless said veliicle is being operated in accordance 
with the terms of a special permit issued under the pro- 
visions of section thirty. Approved February 23, 1955. 



Chap. 92 An Act requiring lockers for employees of railroads. 

Be it enacted, etc., as follows: 

Section 139 of chapter 149 of the General Laws, as ap- 
pearing in the Tercentenary Edition, is hereby amended by 
inserting after the word "hotel", in line 2, the words: — 
or railroad. Approved February 23. 1966. 



G. L. (Ter. 
Ed.), 149. 
S 139, 
amended. 



Acts, 1955. — Chaps. 93, 94, 95, 96. 57 



An Act relative to the term of office of the present (jfiQjy 93 

CITY solicitor OF THE CITY OF MALDEN. 

Be it enacted, etc., as follows: 

Section 1. The term of the present incumbent of the 
office of the city solicitor of the city of Maiden shall expire 
on March first, nineteen hundred and fift)''-nine. 

Section 2. This act shall take full effect upon its ac- 
ceptance by the common council and the board of aldermen 
of said city. Approved February 23, 1955. 

An Act authorizing the placing of the office of super- (^f)Q'p 94 
intendent of central motor equipment division of 

the city of SALEM UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of superintendent of central motor 
equipment division of the city of Salem, 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 incumbent passes said 
examination, he shall be certified for such 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 vote of the city council of said city and subject to the 
approval of the mayor, but not otherwise. 

Approved February 23, 1955. 

An Act abolishing the payment of fees to doctors and nhr,^ Of; 

UNDERTAKERS FOR RETURNS OF BIRTHS AND DEATHS. P- 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section 3 of chapter 46 EJ^iPj , 
of the General Laws, as appearing in the Tercentenary amended. ' 
Edition, is hereby amended by striking out the fourth 
sentence. 

Section 2. Section 1 1 of said chapter 46, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out the second sentence, fmende^d.* ^^' 

Approved February 23, 1955. 

An Act relating to the use and control of play- Chap. 96 

grounds. 

Be it enacted, etc., as follows: 

Section 14 of chapter 45 of the General Laws, as appear- o. l. (Ter. 
ing in chapter 256 of the acts of 1949, is hereby amended by ftcll'am^ided. 
striking out the second sentence and inserting in place thereof 



58 Acts, 1955. — Chap. 97. 

^^tr°i*of ^^^ following two sentences: — Land and buildings so 
certain acQuired, Icascd or constructed may be used also for town 

rigufaTed'!'^^' meetings, and, with the consent of, and subject to the con- 
ditions and terms prescribed by, the officer or board in 
control of the land or building, may be used by the munici- 
pality, or by any department thereof, or by any person, 
society or other organization for such other public, recrea- 
tional, social or educational purposes as the said officer or 
board may deem proper. The foregoing provisions shall 
apply to land and buildings acquired for playground pur- 
poses, or for park and playground purposes, but shall not 
apply to land and buildings acquired solely for park pur- 
poses. Approved February 23, 1955. 



Chap. 97 An Act providing that three members of the Gloucester 

SCHOOL COMMITTEE BE ELECTED BIENNIALLY FOR TERMS 
OF FOUR YEARS, AND CHANGING THE METHOD OF FILLING 
VACANCIES IN SAID COMMITTEE. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
thirty-one of chapter forty-three of the General Laws 
relative to terms of school committee members, the six 
elective members of the school committee of the city of 
Gloucester shall be elected for terms of four years each. 

Section 2. At the next regular municipal election to be 
held in the city of Gloucester the six persons receiving the 
highest number of votes for the office of school committee- 
man shall be elected. The three members receiving the 
highest number of votes shall serve terms of four years and 
the other three members shall serve terms of two years, and 
bienniallj'' thereafter three members shall be elected to serve 
for four years, notwithstanding any provision of said chapter 
forty-three. 

Section 3. Notwithstanding the provisions of section 
one hundred and two of chapter forty-three of the General 
Laws, if a member of the school committee of the city of 
Gloucester resigns, or if there is a vacancy in said committee 
by reason of death, imprisonment or any other cause, the 
mayor and the remaining members of the school committee 
shall, within fifteen days after the vacancy arises, elect a 
suitable person to fill the vacancy until the first Monday in 
January following the next regular municipal election, and 
if there would be a vacancy on said first Monday, it shall be 
filled for the balance of the unexpired term by whichever of 
the defeated candidates for the office of school committee- 
man at the preceding regular municipal election, who are 
eligible and willing to serve, received the highest number of 
votes at such election. 

Section 4. This act shall be submitted for acceptance 
to the registered voters of the city of Gloucester at its next 
regular municipal election in the form of the following ques- 



Acts, 1955. — Chap. 98. 59 

tion, which shall be placed upon the official ballot to be used 
at said election: — "Shall an act passed by the General 
Court in the year nineteen hundred and fifty-five, entitled 
*An Act providing that three members of the Gloucester 
school committee be elected biennially for terms of four years, 
and changing the method of filling vacancies in said com- 
mittee', be accepted?" If a majority of the votes in answer 
to said question is in the affirmative, this act shall thereupon 
take full effect and shall be applicable to the school com- 
mitteemen selected by the voters at said regular municipal 
election. Approved February 23, 195,5. 

An Act authorizing the city of Lawrence to change Chap. 98 

THE name of the BOARD OF OVERSEERS OF THE POOR 
TO THE BOARD OF PUBLIC WELFARE. 

Be it enacted, etc., as follows: 

Section 1. Part II of chapter 621 of the acts of 1911 is 
hereby amended by striking out section 38, as most recently 
amended by section 1 of chapter 170 of the acts of 1954, 
and inserting in place thereof the following section : — 
Section 38. There shall be the following administrative 
officers who shall perform the duties prescribed by law for 
them, respectively, and such further duties, not inconsistent 
with the nature of their respective offices, and with general 
law, as the city council may prescribe, except as is otherwise 
provided herein: a city clerk, a city treasurer, a collector of 
taxes, a city auditor, a purchasing agent, a board of public 
welfare consisting of five persons, a city engineer, a city 
physician, a board of health consisting of three persons, of 
whom the city physician shall be one, a city solicitor, a board 
of park commissioners consisting of five persons, a board of 
sinking fund commissioners consisting of three persons, a 
board of assessors consisting of three persons, a board of 
trustees of the public Ubrary consisting of nine persons, as 
provided in section twenty-eight of this chapter, a board of 
cemetery directors consisting of five persons as hereinafter 
provided, and a board of trustees of the Bessie M. Burke 
Memorial hospital and infirmary consisting of seven per- 
sons, as provided in section thirty-nine A. The mayor shall 
be, ex officio, chairman and a member of the board of public 
welfare. 

Section 2. Section 42 of said Part II of said chapter 
621 is hereby amended by striking out, in line 7, the words 
"overseers of the poor" and inserting in place thereof the 
words: — board of public welfare, — so as to read as follows: 
— Section 1^2. The city council, subject to the provisions of 
section forty-four, shall have the power to appoint, suspend 
or remove the following officers, to wit: the city clerk, 
city treasurer, collector of taxes, city auditor, city solicitor, 
purchasing agent, assessors, sinking fund commissioners, 
trustees of the public library, directors of the cemetery and 
board of public welfare. 



60 



Acts, 1955. — Chaps. 99, 100. 



Section 3. This act shall take effect upon its acceptance 
by the city council of the city of Lawrence, subject to the 
provisions of its charter, but not otherwise. 

Approved February S3, 1955. 



Chap. 99 An Act further regulating the observance of colum- 

BUS DAY, so called. 



G. L. (Ter. 
Ed.). 4, § 7. 
etc., amended. 



Observance of 
Columbus day, 
regulated. 



G. L. (Ter. 
Ed.), 4, § 7. 
etc., further 
amended. 
Same subject. 



Be it enacted, etc., as follows: 

Section 1. Clause Eighteenth of section 7 of chapter 4 
of the General Laws, as most recently amended by section 1 
of chapter 128 of the acts of 1954, is hereby further amended 
by adding at the end the following paragraph : — 

Whenever October twelfth, hereinbefore defined as a 
legal holiday, falls on a day other than a Monday the legal 
holiday for such date shall be observed on the Monday 
nearest the said enumerated date. 

Section 2. The next to the last paragraph of clause 
Eighteenth of section 7 of said chapter 4, as appearing in 
section 1 of chapter 128 of the acts of 1954, is hereby amended 
by striking out, in Une 2, the words ", October twelfth". 

Approved February 23, 1955. 



Chap. 100 An Act relative to the definition of cannabis. 
Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.). 94, 
§ 197, etc., 
amended. 



Cannabis 
(marijuana), 
defined for 
purposes of 
sale and dis- 
tribution of 
narcotic drugs. 



G. L. (Ter. 
Ed.), 94, 
§ 206, etc., 
repealed. 



Section 1. Section 197 of chapter 94 of the General 
Laws, as amended, is hereby further amended by striking 
out the third paragraph, as most recently amended by 
section 1 of chapter 305 of the acts of 1943, and inserting in 
place thereof the following paragraph : — 

"Narcotic drug", coca leaves, cocaine, alpha or beta 
eucaine, or any synthetic substitute for them or any salts, 
compound or derivative thereof except decocainized coca 
leaves and preparations thereof, opium, morphine, heroin, 
codeine, or any preparation thereof or any salt, compound 
or derivative of the same; and cannabis (sometimes called 
marihuana or marijuana), including all parts of the plant 
cannabis saliva L., whether growing or not; the seeds thereof; 
the resin extracted from any part of such plant; and every 
compound, manufacture, salt, derivative, mixture or prepara- 
tion of such plant, its seeds or resin; but shall not include 
the mature stalks of such plant, fiber produced from such 
stalks, oil or cake made from the seeds of such plant, any 
other compound, manufacture, salt, derivative, mixture or 
preparation of such mature stalks, except the resin extracted 
therefrom, fiber, oil or cake, or the sterilized seed of such 
plant which is incapable of germination. 

Section 2. Section two hundred and six of said chapter 
ninety-four, as amended by section six of chapter four 
hundred and twelve of the acts of nineteen hundred and 
thirty-five, is hereby repealed. Approved February 23, 1955. 



Acts, 1955. — Chaps. 101, 102, 103. 61 



An Act authorizing the town of Plymouth to com- Chaj) -101 

PENSATE RALPH TORRANCE OF PLYMOUTH FOR SERVICE 
AS veterans' services DIRECTOR. 

Be it enacted, etc., as follows: 

For the purpose of discharging a moral obligation, the 
town of Plymouth is hereby authorized to appropriate and 
pay to Ralph Torrance the sum of seven hundred dollars 
and sixty-two cents as compensation for services rendered by 
him to the town as Veterans' Services director during the 
period beginning with May eighteenth, nineteen hundred 
and fifty-three, and ending on June third, nineteen hundred 
and fifty-four, said obligation being otherwise legally un- 
enforceable against said town. Approved February 23, 1955. 

An Act authorizing selectmen to make certain ap- ChaV'^^2 

POINTMENTS. 

Be it enacted, etc., as follows: 

Section 1. The second paragraph of section 8 A of chap- o. l. (Ter. 
ter 40 of the General Laws, as appearing in section 1 of fsi'.tti., 
chapter 297 of the acts of 1954, is hereby amended by amended. 
striking out, in Unes 7 and 8, the words "elected at the ofl^cIysTrt? 
annual town meeting" and inserting in place thereof the commissions 
words : — appointed by the selectmen. 

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

Approved February 24, 1955. 

An Act relative to the control of all ponds or lakes C/iO».103 

OR portions thereof in the town of HANSON. 

Be it enacted, etc., as follows: 

Section 1. The town of Hanson, through its board of 
selectmen, may from time to time make rules and regula- 
tions governing fishing, boating, bathing, skating and other 
recreational activities in or on the ponds or lakes or any 
portions thereof in the town of Hanson. Such rules and 
regulations relative to fishing shall be subject to the ap- 
proval 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 
pubUc works, and when so approved shall have the force 
of law. 

Section 2. The town of Hanson, through its board of 
selectmen, may from time to time make rules and regula- 
tions as to the erection, maintenance and control of all public 
bathhouses on the shores of the ponds or lakes in which bath- 
ing is permitted in said town. 

Section 3. Any police 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 



62 Acts, 1955. — Chaps. 104, 105. 

ponds or violating any rule or regulation established under 
this act. 

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

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

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

Approved February 24, 1955. 

Chap.104: An Act authorizing the ludlow savings bank to ac- 
quire additional real estate suitable for a parking 

LOT. 

Be it enacted, etc., as follows: 

Section 1. The Ludlow Savings Bank, incorporated 
under the laws of the commonwealth, may invest its de- 
posits to an amount not exceeding forty-four hundred dollars 
and forty-five cents in the purchase and preparation of a 
suitable site in the town of Ludlow for a parking lot to be 
used in the transaction of its business. 

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

Approved February 24, 1955. 

Chap. 105 An Act authorizing the town of adams to convey. 

certain park land to JAMES PIERI OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The town of Adams is hereby authorized to 
convey to James Fieri of said town a portion of Renfrew 
Field, now under the jurisdiction of the Adams Fark and 
Flayground Commission, bounded and described as follows: 
— Beginning at an iron pipe driven into the ground at a 
point marking the southeasterly corner of land of Frank 
Brenner which is the most southwesterly corner of land of 
the grantee herein; thence N 70° 27' 40" E along a southerly 
line of said grantee's land one hundred and two and ninety- 
five hundredths (102.95) feet to an iron pipe driven into the 
ground in the most northwesterly corner of land now sup- 
posedly owned by Emile L. and Albina E. Hebert; thence 
S 26° 29' W sixteen and forty-five hundredths (16.45) feet 
to an iron pipe driven into the ground; thence S 13° 59' W 
eighty-eight and eighty-three hundredths (88.83) feet to an 
iron pipe driven into the ground; thence N 45° 44' 10" W 
ninety-five and twenty-six hundredths (95.26) feet to the 
iron pipe at the point of beginning. 

The second and third courses herein bound on the westerly 
line of Lots #1, 2, 3, 4, 5, and a part of Lot #6 shown on a 
plan which is entitled "Plan of a subdivision of land in 
Adams, Massachusetts, owned by Ahce Holvec" which plan 
is dated July 9, 1952, and was made by Henry C. Neff, 
Civil Engineer. 



Acts, 1955. — Chaps. 106, 107. 63 

The land above described is more particularly delineated 
on a plan entitled, "Plan of a Parcel of Land in Adams to be 
conveyed by the Inhabitants of Adams to James Pieri", 
dated December 29, 1954, and drawn by Henry C. Neff, 
Civil Engineer. 

Section 2. Said conveyance shall be subject to, and in 
consideration of, the conveyance by said James Pieri by 
quitclaim deed of a strip of land to said town for highway 
purposes. 

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

Approved February 24, 1965. 

An Act authorizing the commissioner of labor and (7/^^^ i06 

INDUSTRIES to SUSPEND THE OPERATION OF CERTAIN LABOR ^' 

LAWS. 

Be it enacted, etc., as follows: 

The commissioner of labor and industries is hereby 
authorized, in conformity with Article XX of Part the First 
of the Constitution of the Commonwealth, to suspend until 
July first, nineteen hundred and fifty-six, the application or 
operation of any provision of chapter one hundred and forty- 
nine of the General Laws or of any rule or regulation made 
thereunder, regulating, limiting or prohibiting the 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 par- 
ticular industry or branch of an industry. The commissioner 
shall appoint industry advisory committees, on which em- 
ployers and employees shall be equally represented, to con- 
sult and advise with him in matters relating to the sus- 
pensions authorized by this act. 

Approved February 24, 1955. 

An Act providing for the issuance of certificates of Chap. 107 

ADOPTION AND THE CORRECTION OF RECORDS OF BIRTHS TO 
CONFORM TO SUCH CERTIFICATES. 

Be it enacted, etc., as follows: 

Section 1. Section 6 of chapter 210 of the General %;y^'^iQ^' 
Laws is hereby amended by striking out the second para- § e", etc. ' 
graph, as appearing in section 1 of chapter 155 of the acts of ^^^^^^ • 
1943, and inserting in place thereof the following para- 
graph : — 

No decree shall be made under this section until there has certain 
been filed in the court a statement, signed and sworn to by adopTion! 
the petitioner, or petitioners, setting forth the date of birth regulated. 



64 



Acts, 1955. — Chap. 107. 



G. L. (Ter. 
Ed.), 210, 
new § 6A, 
added. 
Issuance of 
certificates 
of adoption, 
provided. 



Form of 
certificate. 



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



Correction of 
birth records 
of certain 
adopted per- 
sons, au- 
thorized. 



and place of residence of each adopting parent and such 
other facts relating to each such parent as would be required 
by section thirteen of chapter forty-six for the correction of 
the record of the birth of the person sought to be adopted, 
and also a copy of the birth record of such person ; provided, 
that in case such person has been previously adopted, either 
a copy of the record of his birth amended to conform to the 
previous decree of adoption or a copy of such decree may be 
so filed; and, provided further, that the fiUng of any such 
copy may be dispensed with if the judge is satisfied that it 
cannot be obtained. 

Section 2. Said chapter 210 is hereby further amended 
by inserting after said section 6 the following section : — 
Section 6 A. The court shall forthwith, following the mak- 
ing of a decree of adoption, issue to the petitioner, or pe- 
titioners, a certificate of adoption setting forth all the facts 
relating to the adopting parent, or parents, as appearing in 
the statement required to be filed by section six, the name of, 
and all other facts relating to, the person adopted, as appear- 
ing in any copy of birth record or decree of adoption filed as 
required by said section, the name of the court making such 
decree and the date thereof, and, if such decree authorizes a 
change in the name of the person adopted, his name as so 
changed; provided, that if such person is of illegitimate 
birth, the name, or names, of, and all other facts relating to, 
his natural parent, or parents, shall be omitted from such 
certificate. 

Certificates under this section shall be made on forms fur- 
nished by the state secretary, and shall provide for the indi- 
cating thereon by the adopting parent, or parents, as to 
whether or not a correction of the record of the birth of the 
person adopted is desired; and, in case such desire is so 
indicated, the court shall forthwith send a certified copy of 
such certificate to the clerk of the city or town where such 
person was born. 

Section 3. Section 13 of chapter 46 of the General 
Laws is hereby amended by striking out the paragraph 
appearing in section 1 of chapter 261 of the acts of 1953 and 
inserting in place thereof the following paragraph : — 

If a person shall have been adopted by judicial decree 
or a person so adopted has had his name legally changed at 
a later date to that of his adoptive parents, or if a person of 
illegitimate birth shall have acquired a new name by judicial 
decree, the town clerk shall receive the certificate of such 
adoption issued under authority of section six A of chapter 
two hundred and ten, or a copy of such decree. Said clerk 
shall forthwith, after receiving such a certificate, notify the 
adopting parents of his receipt thereof, and, upon payment 
to him of the fees prescribed by section thirty-four of chap- 
ter two hundred and sixty-two, he shall correct the record of 
birth of the person so adopted in the manner hereinafter pro- 
vided and furnish to such parents a certified copy of such 
record, as so corrected. 



Acts, 1955. — Chap. 108. 65 

Section 4. Said section 13 of said chapter 46 is hereby g. l. (Ter. 
further amended by striking out the paragraph most re- ftcl^'f^her^' 
cently amended by section 2 of said chapter 261 of the acts amended. 
of 1953 and inserting in place thereof the following para- 
graph:— 

He shall file any affidavit, certificate of adoption, certified gu^ect. 
copy of such decree or copy of record submitted under this 
section, and record it in a separate book kept therefor, with 
the name and residence of the deponent or the facts of such 
decree and the date of the original record, and shall thereupon 
draw a line through any statement, or statements, sought 
to be corrected or amended in the original record, without 
erasing them, shall enter upon the original record the facts 
required to correct, amend or supplement the same in accord- 
ance with such affidavit, certificate or decree, including, in 
case of a certificate or decree of adoption and in cases of 
persons adopted who have had their names legally changed 
later, the same facts relative to the adopting parents as are 
required in a record of birth by the provisions of section one 
relative to natural parents, and forthwith, if a copy of the 
record has been sent to the state secretary, shall forward to 
the state secretary a certified copy of the corrected, amended 
or supplemented record upon blanks to be provided by him, 
and the state secretary shall thereupon correct, amend or 
supplement the record in his office. 

Section 5. Section 16 of said chapter 46, as amended by g. l. (Ter. 
section 4 of chapter 351 of the acts of 1941, is hereby further ^tc'^'am^n^ded 
amended by adding at the end the following sentence: — 
The state secretary shall prepare and furnish to the probate state secretary 
courts of the several counties forms for certificates of adop- J° prepare and 

,, ••Ai't 1111 furnish forms. 

tion required by section six A of chapter two hundred and ten. 

Approved February 24, 1955. 



An Act pertaining to the transfer of the membership C/iap.lOS 
and funds of certain limited fraternal benefit 
societies. 

Be it enacted, etc., as follows: 

Section 1. The third paragraph of section 45 of chapter g. l. (Ter. 
176 of the General Laws is hereby amended by striking out §45;eVc*,' 
the last sentence, as appearing in chapter 104 of the acts of amended. 
1932, and inserting in place thereof the following sentence: — 
With the written approval of the commissioner and the con- Transfer of 
sent of each corporation expressed by vote at a duly called ^c^orcMUm 
meeting, any corporation governed by this section may [[f*^™'^' 
transfer its membership and funds to any other domestic corporations, 
society organized under this chapter. regulated. 

Section 2. The fourth paragraph of section 46 of said o- l. (Xer. 
chapter 176 is hereby amended by striking out the first §46.' etc.,' 
sentence, as appearing in chapter 274 of the acts of 1941, and amended, 
inserting in place thereof the following sentence: — With the 
written approval of the commissioner and the consent of 



66 



Acts, 1955. — Chaps. 109, 110, 111. 



Transfer of 
membership, 
etc., of cer- 
tain fraternal 
benefit socie- 
ties, regulated. 



each society expressed by vote at a duly called meeting, any 
society subject to this section may transfer its membership 
and funds to any other domestic society organized under 
this chapter. Approved February 24, 1955. 



G. L. (Ter. 
Ed.), 71, § 4, 
etc., amended. 



High schools 
to remain 
open at least 
one hundred 
and eighty 
days. 



Chap. 10^ An Act relative to the number of days a high school 

SHALL REMAIN OPEN. 

Be it enacted, etc., as follows: 

Section 4 of chapter 71 of the General Laws, as amended 
by chapter 260 of the acts of 1953, is hereby further amended 
by striking out the second sentence and inserting in place 
thereof the following sentence : — One or more courses of 
study, at least four years in length, shall be maintained in 
such high school and it shall be kept open for the benefit of 
all inhabitants of the town for at least one hundred and 
eighty days, exclusive of vacations, in each school year, 
unless specifically exempted as to any one school year by the 
department because of epidemic, extraordinary weather con- 
ditions deemed by school officials to be dangerous to the 
safety and health of pupils, or other emergency; provided, 
however, that the date of graduation from such high school 
may precede the regular closing date of the school by not 
more than twelve school days; and provided, further, that 
pupils graduating shall not be released from attendance prior 
to the fifteenth day of May. Approved February S4, 1955. 

C/iap. 110 An Act relative to the office of city engineer in the 

CITY OF MALDEN. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 384 of the acts of 1954 
is hereby amended by striking out the last sentence and in- 
serting in place thereof the following sentence : — Upon the 
appointment and quahfication of the public works commission 
as aforesaid, the street and water commission, the park com- 
mission, the board of survey and the office of the city forester 
shall thereupon be aboUshed. 

Section 2. Section 3 of said chapter 384 is hereby 
amended by adding at the end the following sentence: — 
The city engineer shall be appointed annually by the mayor 
and aldermen and his salary shall be fixed by ordinance and 
he shall, in addition to other duties prescribed by law, be in 
charge of the division of engineering. 

Approved February 24, 1965. 

Chap.Wl An Act relative to the allowance of hours for meals 

FOR women and children IN MECHANICAL ESTABLISH- 
MENTS. 

Be it enacted, etc., as follows: 

Ed^" ilgT" Section 101 of chapter 149 of the General Laws, as amended 

§ ibi, etc., by chapter 335 of the acts of 1938, is hereby further amended 

amended. j f 7 ., 



Acts, 1955. — Chaps. 112, 113, 114. 67 

by inserting after the word "workshops", in lines 6 and 8, 
in each instance, the words : — or mechanical establishments. 

Approved February 2 4, 1955. 

An Act to provide a penalty for assault by means of ChavAVl 

A DANGEROUS WEAPON. 

Be it enacted, etc., as follows: 

Chapter 265 of the General Laws is hereby amended by g l. (Ter. 
inserting after section 15 A, as appearing in the Tercentenary new § i5b. 
Edition, the following section: — Section 15B. Whoever, by ^'^^'^■ 
means of a dangerous weapon, commits an assault upon as^sauit^wfth 
another shall be punished by imprisonment in the state ^ea^po^n"^""^ 
prison for not more than five years or by a fine of not more 
than one thousand dollars or imprisonment in jail for not 
more than two and one half years. 

Approved February 24, 1955. 

An Act further regulating the employment of children C/iap.l 13 

UNDER SIXTEEN YEARS OF AGE. 

Be it enacted, etc., as follows. • 

Section 60 of chapter 149 of the General Laws, as most gdVu"" 
recently amended by section 1 of chapter 109 of the acts of §60,' etc! 
1947, is hereby further amended by striking out, in line 10, Em'^l^tent 
the words ", pool or billiard room", — and by striking out, of certain 
in hues 13 to 15, inclusive, the words "or in any contract or regulated, 
wage earning industiy carried on in tenement or other 
houses". Approved February 24, 1955. 

An Act authorizing the town of palmer to convey Chav.114: 
certain land to AMVETS, romuald renaud post #74 . 

OF the MASSACHUSETTS DEPARTMENT OF AMVETS, INC. 

Be it enacted, etc., as follows: 

Section 1. The town of Palmer is hereby authorized to 
convey to AMVETS, Romuald Renaud Post #74 of the 
Massachusetts Department of AMVETS, Inc., in considera- 
tion of nine thousand dollars, two certain parcels of real 
estate, with the buildings thereon, situate on the northerly 
side of East Main street in the village of Three Rivers, town 
of Palmer, which real estate was taken in fee for school 
purposes and described in an instrument of taking of lands 
owned by John P. O'Connor and Zephire LaCoste dated 
December tenth, nineteen hundred and nineteen, and re- 
corded with Hampden County Registry of Deeds, book one 
thousand and forty-three, page one hundred and sixteen. 
The deed of conveyance may contain such restrictions as the 
selectmen shall deem proper and for the best interests of the 
town of Palmer. 

Section 2. The real estate referred to in section one is 
bounded and described as follows : — 

Parcel One. — Beginning at a point in the northerly side 



68 Acts, 1955. — Chap. 115. 

of said East Main street and at the southwesterly corner of 
land of the Otis Company, thence N. 13° 15' W. along land of 
said Otis Company two hundred twenty feet to land of 
Zephire LaCoste, thence northwesterly along said LaCoste 
land about four hundred eighty feet to the Swift river, thence 
southwesterly on said river to land now or formerly of James 
Barber, thence southeasterly along land now or formerly of 
said Barber about five hundred seventy feet to the northerly 
side of said East Main street, thence easterly along the 
northerly side of said East Main street about eighty-one and 
five tenths feet to the place of beginning. 

Parcel Two. — Beginning at a point at the northwesterly 
corner of land of the Otis Company and in line of land of 
John P. O'Connor, said point being two hundred twenty 
feet northwesterly from the northerly Hne of said East Main 
street, thence N, 77° 20' E. along land of the Otis Company 
and other land of said LaCoste about two hundred seventy 
feet to land now or formerly of Pierre and Marie Leveille, 
thence northwesterly about eight hundred feet along last 
named land and land now or formerly of Louis Leveille, 
Albert Barber, Cells Camerlin, C. Paquette, Philomen Smith, 
the westerly terminus of Lafayette avenue, so called, and land 
now or formerly of E. Cantin to a stone bound in line of land 
of said Cantin, thence northwesterly about one hundred 
thirty feet along land now or formerly of said Cantin and 
Riverview avenue to the Swift river, thence southerly and 
southwesterly on said river to land of John P. O'Connor, 
thence southeasterly along land of said John P. O'Connor 
about four hundred eighty feet to the place of beginning. 

Section 3. This act shall take effect upon its acceptance 
by the voters of said town at an annual town meeting or any 
. meeting duly called for the purpose. 

Approved February 24, 1955. 

Chap. 11 5 An Act relative to the term of office of the treasurer 

OF the LUNENBURG WATER DISTRICT. 

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 treasurer of the Lunenburg Water District 
of Lunenburg, established by said chapter seventeen, shall 
at the annual district meeting in the current year be elected 
for a term of two years and upon the expiration of said term 
shall thereafter be elected for a term of three years. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the district at a 
district meeting called for the purpose. 

Approved February S4, 1955. 



Acts, 1955 —Chaps. 116, 117, 118. 69 

An Act authorizing thf] city of somerville to revoke Chap.llQ 

ITS ACCEPTANCE OF THE LAW APPLICABLE TO TENEMENT 
HOUSES IN CITIES. 

Be it enacted, etc., as follows: 

Section 1. The board of aldermen of the city of Somer- 
ville, at any regular meeting or special meeting called for 
the purpose within three years from the effective date of 
this act may, by majority vote, revoke its acceptance of 
chapter one hundred and forty-four of the General Laws, 
being an act relative to tenement houses in cities, and there- 
after the provisions of said chapter shall not apply in said 
city. Nothing herein contained shall prevent said city from 
again accepting the provisions of said chapter after the revo- 
cation of its acceptance thereof. 

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

Approved March 1. 1955. 

An Act relative to adoptions. Chap. 117 

Whereas, the deferred operation of this act would tend to Emergency 
defeat its purpose, which is to prevent hardship to certain P'"'"'"n*>ie. 
persons who have heretofore filed petitions for adoption, 
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 2 A of chapter 210 of the General Laws, inserted eVuJio"' 
by section 1 of chapter 649 of the acts of 1954, shall not apply § 2a', etc', 
to petitions for adoption of a child filed prior to and pending p^t^"^ngfor 
at the time said section 2A became effective. adoptions. 

Approved March 1, 1955. ^^^^''^t^d. 

An Act relative to the term and amount of co-oper- Chav. IIS 
ative bank mortgages. 

Be it enacted, etc., as follows: 

Section I. Subsection 2 of section 24 of chapter 170 of g. l. (Ter. 
the General Laws, as appearing in section 1 of chapter 371 f24,'eVc,' 
of the acts of 1950, is hereby amended by striking out, in amended. 
line 4, the word "twenty", and inserting in place thereof Jp™t°ve™ank 
the word : — twenty-five. mortgages. 

Section 2. Subsection 3 of said section 24 of said chap- o. l. (Ter. 
ter 170, as so appearing, is hereby amended by inserting after §^24,'eVc,* 
the word "committee", in line 4, the following: — ; pro- l^^^^l^^ 
vided, that the amount of any loan made for a term to exceed Amount of 
twenty years shall not exceed seventy per cent of the value of l°^'°^''^^^^^ 
the mortgaged property as certified by the security com- g.iges. 
mittee. Approved March 1, 1955. 



70 Acts, 1955. — Chaps. 119, 120, 121. 

Chap.119 An Act relative to policies of life insurance other 

THAN GROUP POLICIES, INSURING MORE THAN ONE PERSON. 

Be it enacted, etc., as follows : 

Ed^i?r' Section 132 of chapter 175 of the General Laws, as 

§ 132, etc.. amended, is hereby further amended by inserting after pro- 
amended, vision 11 the followinsc provision: — 

Certain ^^ 12. The term "insured" as used in provision 4 hereof 

life insurance, shall iiiclude any other person whose age is considered in de- 
regulated, termining the amount of any premium under a pohcy. The 
term "evidence of insurabihty satisfactory to the company" 
as used in provision 11 hereof shall include evidence of in- 
surability of any person upon whose death a benefit may 
accrue or become payable under the policy. 

Approved March 1, 1955. 

Chap. 120 An Act relating to priority of emergency calls on 

PARTY LINE TELEPHONES. 

Be it enacted, etc., as follows: 

Ed^" 166 '■ Chapter 166 of the General Laws is hereby amended by in- 

new '§i5C, serting after section 15B the following section: — Sec- 
Emer enc ^^^^ ^^^- ^^^^ persou who shall wilfully refuse to yield or 
caUs on party surrender the use of a party telephone hne to another person 
regulated!'""''^' for the purpose of permitting such other person to report a 
fire or to summons pohce, medical or other aid in case of emer- 
gency and any person who shall ask for or request the use of 
such party hne on pretext that such an emergency exists 
knowing that no such emergency in fact does exist shall be 
guilty of a misdemeanor, and shall be punished by a fine of 
Penalty. uot less than fifty dollars nor more than five hundred dol- 

lars. Every telephone company doing business in the com- 
monwealth shall print a copy of this section in a prominent 
place in each telephone directory published by it. 

Approved March 1, 1955. 

Chap. 121 An Act relative to the making of contracts by the 

CITY of NEWTON. 

Be it enacted, etc., as follows: 

Section 1. Section 28 of chapter 283 of the acts of 1897 
is hereby amended by striking out, in line 4, the words "five 
hundred" and inserting in place thereof the words: — one 
thousand, — and by striking out, in hne 10, the words "city 
auditor" and inserting in place thereof the words: — comp- 
troller of accounts, — so as to read as follows: — Section 28. 
All officers and boards shall have charge of the making of 
contracts in their respective departments. Every contract 
made by any oflacer or board where the amount involved is 
one thousand dollars or more shall be in writing, shall be 
accompanied by a sufficient bond for the faithful perform- 
ance of the contract, and shall not be deemed to have been 



Acts, 1955. — Chaps. 122, 123. 71 

made or executed until the approval of the mayor, in writing, 
is affixed to the contract and the bond, after which they 
shall be deposited with the comptroller of accounts. No 
such contract shall be altered unless the contractor, the sure- 
ties on the bond, if any, the officer making the contract, and 
the mayor, shall, in writing, agree thereto. 

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, during the current year. 

Approved March 1, 1955. 

An Act relative to the making of real estate loans Chav.^22 

BY CREDIT UNIONS. 

Be it enacted, etc., as follows: 

The first paragraph of subdivision (B) of section 24 of Ed^i?r' 
chapter 171 of the General Laws is hereby amended by in- §24.' etc,' 
serting after the second sentence, as amended by chapter 163 ''™''"'^^'^- 
of the acts of 1952, the following sentence: — Any credit i^^^g'^*''*® 
union having assets of five hundred thousand dollars or more credit unions, 
may loan upon any one parcel of real estate to an amount ""^suiated. 
not exceeding twelve thousand dollars, and the total liability 
of any one member as borrower on loans so secured shall not 
exceed twenty-four thousand dollars. 

Approved March 1, 1955. 

An Act relative to the oath of office of certain town Chap. 123 

OFFICERS. 

Be it enacted, etc., as follows: 

Section 107 of chapter 41 of the General Laws is hereby 2^^•^^*"■■ 
amended by striking out the second sentence, as amended §107. etc, 
by chapter 44 of the acts of 1953, and inserting in place amended, 
thereof the following sentence: — Every person elected as Oath of office 
a moderator of a town or district or to any other town office town'^officera, 
designated by name in section one, or as an officer of a dis- regulated. 
trict, which district includes two or more towns, before en- 
tering upon his official duties shall be sworn to the faithful 
performance thereof either by the town clerk in the case of 
a moderator, and in all other cases by the moderator, or by 
the town clerk in the town in which he resides, and, unless 
other provision is specifically made by law, shall enter upon 
the performance of his duties on the day after his election, 
or as soon thereafter as he is qualified, and shall hold office 
during the term fixed by law, which shall begin on the day 
after said election, and until another person is qualified in 
his stead. Approved March 1, 1955. 



72 



Acts, 1955. — Chaps. 124, 125. 



Chap. 124: An Act relating to the approval of lamps on motor 

VEHICLES AND TRAILERS. 

Be it enacted, etc., as follows: 

The first paragraph of section 7 of chapter 90 of the Gen- 
eral Laws, as amended, is hereby further amended by strik- 
ing out the twelfth and thirteenth sentences, and inserting 
in place thereof the following sentence: — No headlamp or 
rear lamp shall be used on any motor vehicle so operated un- 
less such headlamp or rear lamp is of a type compljdng with 
such minimum standards for construction and performance 
as the registrar may prescribe. Approved March 1, 1955. 



G. L. (Ter. 
Ed.). 90. § 7. 
etc.. amended. 



Lamps on 
motor vehicles 
and trailers. 



Chap. 125 An Act relative to the admissibility in evidence of 

BUSINESS AND PUBLIC RECORDS. 



G. L. (Ter. 
Ed.), 233. 
§ 79E, etc., 
amended. 



Admissibility 
in evidence 
of certain 
business and 
public records, 
regulated. 



Be it enacted, etc., as follows: 

Section 79 E of chapter 233 of the General Laws, inserted 
by chapter 120 of the acts of 1952, is hereby amended by 
inserting after the word "unless", in line 13, the words: — 
created by a person other than the holder and, — so as to 
read as follows : — Section 79E. If any business, institu- 
tion, member of a profession or calhng, or any department 
or agency of government, in the regular course of business 
or activity, has kept or recorded any memorandum, writing 
entry, print, representation or combination thereof, of any 
act, transaction, occurrence or event, and in the regular 
course of business has caused any or all of the same to be 
recorded, copied or reproduced by any photographic, photo- 
static, microfihn, microcard, miniature photographic, or 
other process which accurately reproduces or forms a durable 
medium for so reproducing the original, the original may be 
destroyed in the regular course of business unless created by 
a person other than the holder and held in a custodial or 
fiduciary capacity or unless its preservation is required by 
law. Such reproduction, when satisfactorily identified, 
shall, in the discretion of the court or administrative body, 
be as admissible in evidence as the original itself in any 
judicial or administrative proceeding, even though the 
original is in existence, and an enlargement or facsimile of 
such reproduction shall be Ukewise admissible in evidence if 
the original reproduction is in existence and available for 
inspection under direction of the court. The introduction 
of a reproduced record, enlargement or facsimile shall not 
preclude admission of the original. 

Approved March 1, 1955. 



AcTS> 1955. — Chaps. 126, 127. 73 



An Act authorizing contributions by the county of f^/^^rj 126 

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

Be it enacted, etc., as follows: 

Section 1 of chapter 98 of the acts of 1953 is hereby 
amended by striking out, in Une 16, the word "one" and 
inserting in place thereof the word : — two, — so as to 
read as follows: — Section 1. The county of Barnstable is 
hereby authorized to contribute to the cost of constructing 
seawalls or other works to be built by the state department 
of public works during the years nineteen hundred and 
fifty-three, nineteen hundred and fifty-four, nineteen hun- 
dred and fifty-five and nineteen hundred and fifty-six, under 
authority of section eleven of chapter ninety-one of the 
General Laws, for the protection of the shores of the towns 
in said county from erosion by the sea, and the county 
treasurer, with the approval of the county commissioners, 
may pay the county's proportion of such cost from the 
highway appropriation for the year during which the agree- 
ment 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, two hundred thousand 
dollars, and may issue bonds or notes of the county therefor, 
which shall bear on their face the words, Barnstable County 
Shore Protection Loan, Act of 1953. Each authorized issue 
shall constitute a separate loan, and such loans shall be 
payable in not more than five years from their dates. Such 
bonds or notes shall be signed by the county treasurer and 
countersigned by a majority of the county commissioners. 
The county 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. Approved March 1, 1955. 

An Act authorizing certain towns to sell, lease or Chap. 127 

LICENSE CERTAIN LAND TO A REGIONAL SCHOOL DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Section 140 of chapter 71 of the General g l. (Xer. 
Laws, as amended, is hereby further amended by inserting ^\ic,ltc., 
after the word "building", as appearing in line 5 of chapter "tended. 
214 of the acts of 1954, the words: — and any land ap- 
purtenant thereto or used in connection therewith, — so as 
to read as follows: — Section I4C. The agreement made isoofcer- 
under section fourteen B, or any amendment to such an r^g^omi'i'idfooi 
agreement, may contain provisions authorizing any member districts, 
town to sell, lease or grant a hcense to use any school building ''" '°"^^ ' 



74 Acts, 1955. — Chaps. 128, 129. 

and any land appurtenant thereto or used in connection 
therewith to the regional school district, and any such town 
may authorize such sale, lease or license accordingly, not- 
withstanding the provisions of section 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 payment shall be set forth in the agree- 
ment or amendment ; but 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 terms of payment and assessment shall be set forth in 
the agreement or amendment. The lease or license to use 
may be for a term or period not in excess of twenty years, 
and may contain provisions for the extension of the lease or 
license to use for an additional term or period not in excess 
of twenty years, at the option of the regional district school 
committee. 
Proviso. Section 2. Nothing in this act shall affect the vahdity 

of any previously established regional school district. 

Approved March 1, 1955. 

Chap. 128 An Act relative to the eligibility for membership 

ON LOCAL authorities. 

Be it enacted, etc., as follows: 

g^L. (Ter. Section 1. The first paragraph of section 26L of chap- 

§26L, etc., ter 121 of the General Laws, as amended, is hereby further 
amended. amended by inserting after the sentence inserted by section 1 
of chapter 428 of the acts of 1954 the following sentence: — 
Membership ]N^o tenant in a project operated by a housing authority shall 

of housing 1-T.ri.-, 

authorities. be a member oi such authority. 

EdV ilr* Section 2. Section 26M of said chapter 121, as amended 

§ 26M, etc., by section 2 of said chapter 428, is hereby further amended 

amended^ ^^^ by adding at the end the following sentence: — A member 

who becomes a tenant in a housing project shall thereupon 

be removed by operation of law. 

EUgibiiity of SECTION 3. A tenant of a housing authority now serving 

member, as a member of such authority may continue to so serve 

regulated. uutH the completiou of his term; provided, however, that 

this act shall not be construed as a waiver of any restrictions 

of any contract for financial assistance prohibiting members 

of housing authorities from participating in any decision 

relating to the project affecting his personal interest, nor any 

other provision of any such contract. 

Approved March 1, 1955. 

Chap. 129 An Act relative to the tenure of office of the chief 

OF POLICE OF THE TOWN OF MIDDLETON. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of the incumbent of the 
office of chief of police in the town of Middleton shall, upon 



Acts, 1955. —Chaps. 130, 131. 75 

the effective date of this act, be unlimited. Said incumbent 
shall not be removed from office, lowered in rank or sus- 
pended, except for just cause and for reasons specifically 
given him in writing by the board of selectmen. 

Section 2. This act shall be submitted to the voters of 
the town of Middleton at a town meeting held in the year 
nineteen hundred and fifty-five, in the form of the following 
question, which shall be placed upon the oflficial ballot to be 
used at said meeting: — "Shall an act passed by the general 
court in the year nineteen hundred and fifty-five, entitled 
'An Act relative to the tenure of office of the chief of pohce 
of the town of Middleton' be accepted?" If a majority of 
the votes in answer to said question is in the affirmative, 
then this act shall thereupon take full effect, but not other- 
wise. Approved March 2, 1955. 

An Act authorizing the submission to the voters of C/ia». 130 

THE CITY OP NORTHAMPTON 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 city of North- 
ampton at its biennial 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 section 
fifty-eight B of chapter forty-eight of the General Laws, 
providing for a forty-eight hour week for permanent mem- 
bers of fire departments, be accepted? " 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 city ninety 
days thereafter. 

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

Approved March 2, 1955. 

An Act clarifying the laws relating to the holding of C/ia».131 
election inquests and to certain criminal trials 
and proceedings. 

Be it enacted, etc., as follows: 

Section L Section 30 of chapter 55 of the General Laws, g. l. (Xer. 
as appearing in section 10 of chapter 537 of the acts of ^tl! 'amended. 
1946, is hereby amended by striking out, in line 2, the words 
"or trial justice", — and by striking out, in fine 7, the words 
"or justice". 

Section 2. Section 31 of said chapter 55, as so appearing, o. l. (Xer. 
is hereby amended by striking out, in fine 1, the words ^ti:! 'amended, 
"or trial justice". 



76 



Acts, 1955. — Chap. 132. 



G. L. (Ter. 
Ed.). 65. § 32. 
etc.. amended. 



G. L. (Ter. 
Ed.). 55. § 33, 
etc., amended. 



G. L. (Ter. 
Ed.), 55, § 34, 
etc., amended. 

G. L. (Ter. 
Ed.), 55, §35, 
etc., amended. 



G. L. (Ter. 

Ed.), 278. 

§ 15. amended. 



G. L. (Ter. 

Ed.), 278. 

§ 18, amended. 



G. L. (Ter. 

Ed.), 278, 

§ 19, amended. 



G. L. (Ter. 

Ed.), 278, 

§ 21, stricken 

out. 

G. L. (Ter. 

Ed.), 278, 

§ 22, amended. 

G. L. (Ter. 
Ed.), 278, 
§ 25, etc., 
amended. 



Section 3. Section 32 of said chapter 55, as so appear- 
ing, is hereby amended by striking out, in hne 1, the word 
", justice", — and by striking out, in Une 6, the words 
"or trial justice". 

Section 4. Section 33 of said chapter 55, as so appear- 
ing, is hereby amended by striking out, in hne 1, the words 
"or trial justice". 

Section 5. Section 34 of said chapter 55, as so appear- 
ing, is hereby amended by striking out, in Une 1, the words 
"or trial justice". 

Section 6. Section 35 of said chapter 55, as so appear- 
ing, is hereby amended by striking out, in lines 2 and 3, the 
words "or trial justice". 

Section 7. Section 15 of chapter 278 of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out, in Une 1, the words "or trial 
justice". 

Section 8. Section 18 of said chapter 278, as so appear- 
ing, is hereby amended by striking out, in Unes 2, 7 and 17, 
the words "or trial justice". 

Section 9. Section 19 of said chapter 278, as so appear- 
ing, is hereby amended by striking out, in line 1, the words 
"and trial justices". 

Section 10. Said chapter 278 is hereby further amended 
by strikuig out section 21. 

Section 11. Section 22 of said chapter 278, as appearing 
in the Tercentenary Edition, is hereby amended by striking 
out, in Une 3, the words "or before the trial justice". 

Section 12. Section 25 of said chapter 278, as amended 
by chapter 311 of the acts of 1937, is hereby further amended 
by striking out, in lines 5, 15, 16, 20 and 25, the words 
"or trial justice". Approved March 2, 1955. 



Chap. 1S2 An Act relative to the status of the incumbent of the 
position of supervisor of motor apparatus in the 

FIRE department OF THE CITY OF SALEM. 

Be it enacted, etc., as follows: 

Section 1. The incumbent of the position of supervisor 
of motor apparatus in the fire department of the city of 
Salem on the effective date of this act shall be entitled to all 
rights and privileges of members of the fire fighting force, and 
subject to all the duties of fire fighters as provided by any 
general or special laws, except that the provisions of section 
twenty of chapter thirty-one of the General Laws shall not 
apply. 

Section 2, This act shall take effect upon its acceptance 
by vote of the city council of said city and approval by the 
mayor, subject to the provisions of its charter, but not 
otherwise. Approved March 2, 1955. 



Acts, 1955. — Chaps. 133, 134, 135. 77 

An Act relative to the making, drawing, uttering and Chaj). ISS 

DELIVERY OF FRAUDULENT CHECKS, DRAFTS AND ORDERS. 

Be it enacted, etc., as follows: 

Section 37 of chapter 266 of the General Laws, as amended ^d^oee''' 
by chapter 99 of the acts of 1937, is hereby further amended §37,' etc..' 
by striking out, in line 8, the word "is" and inserting in ^^^^^ed. 
place thereof the words: — or services are, — so as to read 
as follows: — Section 37. Whoever, with intent to defraud. Drawing and 
makes, draws, utters or delivers any check, draft or order frauduiint 
for the payment of money upon any bank or other deposi- and'o^d^s'^"* 
tary, with knowledge that the maker or drawer has not 
sufficient funds or credit at such bank or other depositary 
for the payment of such instrument, although no express 
representation is made in reference thereto, shall be guilty 
of attempted larceny, and if money or property or services 
are obtained thereby shall be guilty of larceny. As against 
the maker or drawer thereof, the making, drawing, uttering 
or delivery of such a check, draft or order, payment of which 
is refused by the drawee, shall be prima facie evidence of 
intent to defraud and of knowledge of insufficient funds in, 
or credit with, such bank or other depositary, unless the 
maker or drawer shall have paid the holder thereof the 
amount due thereon, together with all costs and protest 
fees, within two days after receiving notice that such check, 
draft or order has not been paid by the drawee. The word 
"credit", as used herein, shall be construed to mean an 
arrangement or understanding with the bank or depositary 
for the payment of such check, draft or order. 

Approved March 2, 1955. 

An Act increasing the amount of property that may Qfiav 134 

BE held by northeastern UNIVERSITY. 

Be it enacted, etc., as follows: 

Northeastern University, a corporation organized under 
the general law, is hereby authorized to hold real and per- 
sonal estate to an amount not exceeding thirty milhon dol- 
lars, to be used for the purposes of said corporation as set 
forth in its charter or certificate of incorporation or in any 
amendment thereof. Approved March 2, 1955. 

An Act to extend to certain private ways and parking QJidj) 1 35 

AREAS statutory REGULATIONS AS TO THE SPEED AND "* 

USE OF MOTOR VEHICLES. 

Be it enacted, etc., as follows: 

Section 18 of chapter 90 of the General Laws, as most Sj^-iPj-jg 
recently amended by section 2 of chapter 564 of the acts etc!, 'amended! 
of 1948, is hereby further amended by adding at the end 
the following paragraph: — 

Any person, corporation, firm or trust owning a private special regu- 
way or parking area, or any person, corporation, firm or gpeed%Tc.!° 



78 



Acts, 1955. — Chaps. 136, 137. 



of motor 
vehicles 
upon certain 
private ways 
and parking 
areas, au- 
thorized. 



trust controlling such private way or parking area, with the 
written consent of such owner, may apply in writing to the 
city council, the traffic commission of the city of Boston, or 
the board of selectmen in any town in which the private 
way or parking area lies, to make special regulations as to 
the speed of motor vehicles and as to the use of such ve- 
hicles upon the particular private way or parking area, and 
the city council with the approval of the mayor, the traffic 
commission of the city of Boston or the board of selectmen, 
as the case may be, may make such special regulations with 
respect to said private way or parking area to the same 
extent and in the same manner as to ways within their 
control as set forth in the preceding paragraph. Such spe- 
cial regulations shall be effective for a period of time not to 
exceed one year from the date of their making, but may, 
upon like apphcation, be extended for additional periods of 
time not to exceed one year for each extension. 

Approved March 2, 1965. 



Chap. ISQ An Act making a corrective change relative to the 

NUMBER OF MEMBERS OF THE COUNCIL ON THE EMPLOY- 
MENT OF THE AGING. 

Be it enacted, etc., as follows: 

Section IIM of chapter 23 of the General Laws, inserted 
by section 2 of chapter 578 of the acts of 1954, is hereby 
amended by striking out, in line 3, the word "nine" and 
inserting in place thereof the word: — ten, — so that the 
ffi-st sentence will read as follows : — The commissioner shall 
establish in the department a council on the employment of 
the aging consisting of ten members, seven of whom shall be 
appointed by the commissioner with the approval of the 
governor and council as follows : — two to represent em- 
ployees, two to represent employers, two to represent quaU- 
fied organizations engaged in social work, and one to repre- 
sent the pubUc, who shall be the chairman. 

Approved March 2, 1955. 



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



Membership of 
council on the 
employment 
of the aging, 
increased. 



Chap. 1^1 An Act making a corrective change in the law estab- 
lishing A legislative research council and a legis- 
lative RESEARCH BUREAU. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 3, § 58, 
etc., amended. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose which is to provide for the immediate 
making of a corrective change in the law establishing a legis- 
lative research council and a legislative research bureau, 
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 58 of chapter 3 of the General Laws, inserted by 
section 2 of chapter 607 of the acts of 1954, is hereby amended 



Acts, 1955. — Chaps. 138, 139. 79 

by striking out, in line 8, the word "committee" and insert- 
ing in place thereof the word : — committees, — and by in- 
serting after the word "branches" in line 8 the words: — 
, acting concurrently, — so as to read as follows : — Section 
58. The council shall appoint a person quahfied by educa- Legislative 
tion, training and experience who shall be the director of the brure^'a'i^. 
bureau. The council shall also appoint such assistants to the 
director as are necessary to carry out the program of statis- 
tical 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 committees on rules 
of the two branches, acting concurrently, of the general 
court. The director and his assistants shall not be subject 
to chapter thirty-one. Approved March 3, 1955. 



An Act to modify the law relating to pre-primary (7/iai>.138 

CONVENTIONS AND THE ORGANIZATION OF POLITICAL COM- 
MITTEES. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 52 of the General Laws, g. l. (Ter. 
as most recently amended by section 1 of chapter 280 of ^tc! 'amended. 
the acts of 1950, is hereby further amended by striking out, political 
in lines 12 and 21, the words "June first" and inserting in committees. 
place thereof, in each instance, the words : — May fifteenth. 

Section 2. The first sentence of section 2 of said chap- g. l. (Ter. 
ter 52, as appearing in section 1 of chapter 346 of the acts ^tc'^ 'amended 
of 1938, is hereby amended by striking out, in lines 5 and 6, 
the words "June first" and inserting in place thereof the 
words: — May fifteenth. 

Section 3. Section 4 of said chapter 52, as so appearing, o. l. (Ter. 
is hereby amended by striking out, in fine 2, the words ^tll'amendtd. 
"June first" and inserting in place thereof the words: — 
May fifteenth. 

Section 4. Section 54 of chapter 53 of the General Laws, g. l. (Ter. 
as most recently amended by section 7 of chapter 406 of ftl! 'amended! 
the acts of 1953, is hereby further amended by striking out 
the words "June fifteenth", in line 3, and substituting 
therefor the words : — June twentieth and not earlier than Pre-primary 
June fifth. Approved March 3, 1955. <''">^«'^t'°»«- 

An Act authorizing the town of provincetown to C/iap. 139 

BORROW money FOR MUNICIPAL WHARF PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of meeting its share of the 
cost of constructing or reconstructing the municipal wharf, 
the town of Provincetown may borrow, from time to time, 
such sums of money as may be necessary, not exceeding, in 
the aggregate, two hundred and twenty-five thousand dol- 
lars, and may issue bonds or notes therefor which shall bear 
on their face the words, Provincetown Wharf Loaja, Act ojt 



80 Acts, 1955. — Chaps. 140, 141. 

1955. Each authorized issue shall constitute a separate 
loan, and such loans shall be paid in not more than twenty 
years from their dates. Indebtedness incurred under this 
act shall be within the statutory limit, but shall, except as 
provided herein, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the 
first paragraph of section seven thereof. 

Section 2. Any action taken by a town meeting in the 
current year pursuant to authority contained in section one 
of this act shall be vaUd 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 March 4, 1955. 

Chap. 14:0 An Act authorizing the establishment of a police 

TRAINING SCHOOL IN THE COUNTY OF BRISTOL. 

Be it enacted, etc., as follow:^: 

The county of Bristol may provide and maintain a school 
for the training of deputy sheriffs, constables and poHce 
officers and other persons in said county interested in such 
positions. Said school shall be conducted by the county 
commissioners of said county and shall provide instruction 
in the use of firearms, criminal investigation and detection, 
the prosecution of criminal cases in court and such other 
instruction as may be considered necessary by said com- 
missioners for the training of men in the prevention, detec- 
tion and prosecution of crime. The total cost annually 
shall not exceed five hundred dollars. 

Approved March 4, 1955. 

Chap.lAl An Act relative to the manner of voting on the ques- 
tion OF THE ESTABLISHMENT OF REGIONAL SCHOOL DIS- 
TRICTS. 

Be it enacted, etc., as follows: 

Ed^'yTlis Section 1. Section 15 of chapter 71 of the General 
etc'., 'amended'. Laws is hereby amended by striking out the first paragraph, 
as amended by section 4 of chapter 331 of the acts of 1951, 
and inserting in place thereof the following paragraph: — 
of^SiotaT*'''* The selectmen of each of the several towns shall, upon 
^c^Sfited*'^''''^^' receipt of the recommendation that a regional school dis- 
trict should be formed, and of a proposed agreement therefor 
submitted in accordance with the provisions of sections 
fourteen to fourteen B, inclusive, or otherwise, in the form 
and with the approval required by said sections, cause to be 
presented for determination by vote, with printed ballots at 
an annual or special town meeting to be held in either case 
within thirty days after receipt of such recommendation by 
said selectmen, the question of accepting the provisions of 
this and the following ten sections and the proposed agree- 



Acts, 1955. — Chaps. 142, 143, 144. 81 

ment or agreements. The article in the warrant for such 
annual or special town meeting and the question on the 
printed ballots to be used at such meeting shall be in sub- 
stantially the following form : 

Section 2. Nothing in this act shall affect the validity Proviso, 
of any previously established regional school district. 

Approved March 4, 1955. 

An Act relative to the location of schools within nfidy 142 

REGIONAL SCHOOL DISTRICTS. ^' 

Be it enacted, etc., as follows: 

Section 1. Section 14B of chapter 71 of the General EdVn^"^' 
Laws is hereby amended by striking out clause (b), as ap- § ub, etc, 
pearing in section 1 of chapter 638 of the acts of 1949, and '""^^Jed. 
inserting in place thereof the following clause : — 

(6) The town or towns in which, or the general area within Location of 
the regional school district where, the regional district school school 
or schools are to be located. 

Section 2. Nothing in this act shall affect the validity Proviso. 
of any previously estabUshed regional school district. 

Approved March 4, 1955. 

An Act relative to the duties of the director of the QJi^j) 143 

BUREAU OF accounts. 

Be it enacted, etc., as follows: 

The first paragraph of section 23 of chapter 59 of the g. l. (Ter. 
General Laws is hereby amended by striking out the fourth ftt! 'amended. 
sentence, as appearing in section 7 of chapter 798 of the acts 
of 1951, and inserting in place thereof the following sentence: 
— Said director shall promulgate and from time to time Duties of 
revise rules and regulations for determining the available fcco'^unts^^ 
funds of a town in accordance with established accounting 
practices of said bureau of accounts. 

Approved March 4, 1955. 

An Act establishing the first parish church united Chap.l4i4: 

OF WESTFORD AND AUTHORIZING THE TRANSFER OF CER- 
TAIN PROPERTY BY THE UNION CONGREGATIONAL CHURCH 
IN WESTFORD AND THE FIRST CONGREGATIONAL PARISH 
(unitarian) in WESTFORD, MASSACHUSETTS, TO SAID 
FIRST PARISH CHURCH UNITED OF WESTFORD. 

Be it enacted, etc., as follows: 

Section 1. The First Congregational Parish (Unitarian) 
in Westford, Massachusetts, a voluntary religious asso- 
ciation, hereinafter called the Unitarian Church, and the 
Union Congregational Church in Westford, an incorporated 
religious society incorporated under general law, hereinafter 
called the Congregational Church, both situated in Westford, 
upon acceptance of this act by a two-thirds vote of the mem- 
bers of each of said respective organizations at a meeting 



82 Acts, 1955. — Chap. 144. 

duly called for the purpose, and by the recording with the 
secretary of the commonwealth and in the registry of deeds 
for the county of Middlesex of certificates of said votes, duly 
made and sworn to by the respective clerks of said meetings, 
shall hereafter be a corporation by the name of the First 
Parish Chui ch United of Westf ord. Said First Parish Church 
United of Westford shall have all the powers, rights, fran- 
chises and privileges which the said Unitarian Church and 
the members of said Congregational Church have heretofore 
acquired or enjoyed by statute, vote, gift, grant, usage, pre- 
scription or otherwise, and subject to all the duties and 
liabiUties to which the said Unitarian Church and said mem- 
bers of said Congregational Church have heretofore been 
subject. Said First Parish Church United of Westford 
shall have, except as may be provided otherwise in this act, 
all the rights, powers and privileges, and be subject to all 
the duties and habihties, of reUgious corporations instituted 
under general law; and upon acceptance of this act as afore- 
said, all members of said Unitarian Church and of said 
Congregational Church shall be members of said new cor- 
poration, the First Parish Church United of Westford. 

Section 2. The corporation created by section one is 
thereby authorized to receive and hold, or disburse for 
reUgious, benevolent and charitable purposes, gifts, grants, 
bequests and devises of real and personal property to an 
amount, exclusive of all buildings and the land pertaining 
thereto, occupied or used by it for said purposes, not ex- 
ceeding the sum of one million dollars, with full power to sell 
and convey, in accordance with the terms of any trust upon 
which the same is held, any part or whole of its said property, 
including said land and buildings, for purposes of investment 
and reinvestment, for the improvement, alteration or reloca- 
tion of any of its said buildings, or for benevolences and chari- 
ties and upon any such sale the proceeds thereof shall be held 
upon the same trusts upon which the property thus sold was 
held ; and the purchaser shall not be responsible for the ap- 
pUcation of the purchase money. 

Section 3. At any time after the acceptance of this 
act as provided in section one, the said Congregational 
Church and said Unitarian Church or either of them may, 
by a two-thirds vote of their respective members present and 
voting at meetings called for the purpose, authorize one or 
more persons in their name and on their behalf to execute, 
acknowledge and deUver proper deeds and other instruments 
conveying and transferring in fee simple any or all of their 
property, real and personal, except such as may be held or 
owned by them for or in connection with specific and limited 
charitable uses and trusts, to the corporation created by 
section one. Upon the acceptance of said conveyance by the 
corporation created by section one by a two-thirds vote of its 
members present and voting at a meeting duly called for the 
purpose, there shall be recorded in the registry of deeds in 
the county of Middlesex said deed and other instruments of 



Acts, 1955. — Chap. 144. 83 

transfer, together with certificates, duly made and sworn 
to by the clerks of said meetings, respectively, of the said 
vote authorizing the said conveyance and the acceptance 
thereof. 

Section 4. At any time after the acceptance of this act, 
as provided in section one, the said Congregational Church 
and the said Unitarian Church, or either of them, as, if, and 
when authorized by the decree of a court of competent 
jurisdiction, may, by a two-thirds vote of their members 
present and voting at meetings called for the purpose, convey 
and transfer property, real and personal, owned or held by 
them for or in connection with any and all specific and limited 
charitable uses and trusts to the corporation created by 
section one. 

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

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

Section 7. The records and the books and papers of 
said Union Congregational Church and of said Unitarian 
Church shall be the property of the First Parish Church 
United of Westford, the corporation created by section one, 
which shall consistently herewith have and enjoy all fran- 
chises, powers and privileges of every kind now or formerly 
belonging to said Congregational Church and said Unitarian 
Church and shall assume and be subject to all the debts and 
liabihties thereof. 



84 Acts, 1955. — Chap. 145. 

Section 8. After the acceptance of this act as provided 
in section one, all gifts, grants, bequests and devises made 
to or for the benefit of said Congregational Church and of 
said Unitarian Church, however described, shall vest in the 
corporation formed by section one. 

Section 9. The first meeting of the corporation created 
by section one shall be held on or before May first, nineteen 
hundred and fifty-five. 

Section 10. This act shall take effect upon its passage. 

Approved March 7, 1955. 

Chap.l4i5 An Act establishing first congregational church of 

north ADAMS, MASSACHUSETTS AND AUTHORIZING THE 
TRANSFER OF CERTAIN PROPERTY BY THE FIRST CONGRE- 
GATIONAL SOCIETY OF NORTH ADAMS, MASSACHUSETTS TO 
SAID FIRST CONGREGATIONAL CHURCH. 

Be it enacted, etc., as follows: 

Section 1. The First Congregational Church of North 
Adams, Massachusetts, a voluntary religious association, and 
the First Congregational Society of North Adams, Massachu- 
setts, a rehgious society, both situated in North Adams, upon 
acceptance of this act by a two-thirds vote of the members 
of each of said respective organizations present and voting 
at meetings called by each of said respective organizations 
for the purpose, and by the recording with the secretary of 
the commonwealth and in the Northern District Registry of 
Deeds for the County of Berkshire of certificates of said 
votes, duly made and sworn to by the respective clerks of 
said meetings, shall hereafter be a corporation by the name 
of First Congregational Church of North Adams, Massachu- 
setts. Said corporation shall have all the powers, rights, 
franchises and privileges which the said organizations and 
the members thereof have heretofore acquired or enjoyed by 
statute, vote, gift, grant, usage, prescription or otherwise, 
and subject to all the duties and liabihties to which the 
said organizations and said members have heretofore been 
subject. Said corporation shall have, except as may be pro- 
vided otherwise in this act, all the rights, powers and priv- 
ileges, and be subject to all the duties and liabilities, of re- 
ligious corporations instituted under general law; and upon 
acceptance of this act as aforesaid, all members of said or- 
ganizations shall be members of said corporation, and all the 
acts, deeds and votes of the said organizations are hereby 
ratified and confirmed. 

Section 2. The said corporation is hereby authorized to 
receive and hold, or disburse for religious, benevolent and 
charitable purposes, gifts, grants, bequests and devises of 
real and personal property to an amount, exclusive of all 
buildings and the land pertaining thereto, occupied or used 
by it for said purposes, not exceeding the sum of two million 
dollars, with full power to sell and convey, in accordance 
with the terms of any trust upon which the same is held, 



Acts, 1955. — Chap. 145. 85 

any part or the whole of its said property, including said land 
and buildings, for purposes of investment and reinvestment, 
for the improvement, alteration or relocation of any of its 
said buildings, or for benevolences and charities and upon 
any such sale the proceeds thereof shall be held upon the 
Same trusts upon which the property thus sold was held; 
and the purchaser shall not be responsible for the applica- 
tion of the purchase money. 

Section 3. At any time after the acceptance of this act, 
as provided in section one, the said organizations, by a two- 
thirds vote of their respective members present and voting 
at meetings called for the purpose, authorize one or more 
persons in their name and on their behalf to execute, acknowl- 
edge and deUver proper deeds and other instruments convey- 
ing and transferring in fee simple any or all of their property, 
real and personal, except such as may be held or owned by 
them for or in connection with specific and limited charitable 
uses and trusts, to the said corporation. Upon the accept- 
ance of said conveyance by said corporation by a two-thirds 
vote of its members present and voting at a meeting duly 
called for the purpose, there shall be recorded in the Northern 
District Registry of Deeds for the County of Berkshire said 
deeds and other instruments of transfer relative to real 
property together with certificates, duly made and sworn to 
by the clerks of said meetings, respectively, of the said vote 
authorizing the said conveyance and the acceptance thereof. 

Section 4. At any time after the acceptance of this act, 
as provided in section one, the said organizations, or either 
of them, as, if and when authorized by the decree of a court 
of competent jurisdiction, may, by a two- thirds vote of 
the members present and voting at meetings called for the 
purpose, convey and transfer property, real and personal, 
owned or held by them for or in connection with any and all 
specific and limited charitable uses and trusts to the said 
corporation. 

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

Section 6. In case of doubt as to the manner in which 
any property, held in trust or otherwise, conveyed to or 
vested in said corporation under the provisions of this act, 
or the income thereof, should be held, administered or ap- 
plied by the said corporation, the matter may be determined 
by the supreme judicial court upon the application of any 
person interested or of the attorney general; and, until said 
court shall otherwise order, such property and the income 
thereof shall be held, administered and applied by the said 
corporation in accordance with the terms of the original 



86 Acts, 1955. — Chap. 146. 

trusts or as nearly in accordance therewith as is possible. 
Any person aggrieved by any provision of this act may, at 
any time within six months after the recording of such of the 
various deeds or other instruments in this act provided for, 
as is alleged to be the cause of such injury, apply by petition 
to the supreme judicial court to have his damages determined 
by a jury therein, or by or under the direction of said court; 
and damages so awarded, with the costs of suit allowed by 
statute in civil cases, attending such award, shall be paid 
by the said corporation. 

Section 7. The records and the books and papers of said 
organizations shall be the property of the said corporation, 
which shall consistently herewith have and enjoy all fran- 
chises, powers and privileges of every kind now or formerly 
belonging to said organizations and shall assume and be sub- 
ject to all the debts and habilities thereof. 

Section 8. After the acceptance of this act as provided 
in section one, all gifts, grants, bequests and devises made 
to or for the benefit of said First Congregational Society of 
North Adams, Massachusetts, or the Trustees thereof, and 
of the said First Congregational Church of North Adams, 
Massachusetts, or the Deacons thereof, however described, 
shall vest in the said corporation. 

Section 9. The first meeting of the corporation created 
hereunder shall be held on or before the first day of Febru- 
ary, nineteen hundred and fifty-six. 

Section 10. For the purpose of the acceptance of this 
act only, as provided in section one, it shall take effect upon 
its passage. Approved March 7, 1955. 

Chap.l4:6 An Act relative to real estate loans of co-operative 

BANKS. 

Be it enacted, etc., as follows: 

EdV' 170 '■§ 24 Section 24 of chapter 170 of the General Laws is hereby 
etc!. 'amended.' amended by striking out paragraph 4, as appearing in sec- 
tion 1 of chapter 371 of the acts of 1950, and inserting in 
place thereof the following paragraph : — 
Real estate 4 xhc principal sum of any loan secured by a mortgage 

co-operative ou any one parcel of real estate shall when made, or the 
reTukted. Unpaid principal balance outstanding on any loan so se- 
cured shall when acquired, not exceed twenty- five thousand 
dollars; provided, that the aggregate amount of loans, as to 
each of which the unpaid balance of principal outstanding 
is more than sixteen thousand dollars, shall not at any one 
time exceed ten per cent of the deposits of the corporation; 
and, further provided, that of said ten per cent no more 
than one half thereof shall be invested in loans between 
twenty thousand dollars and twenty-five thousand dollars, 
but loans in this class shall not exceed seventy per cent of 
the value of the mortgaged property as certified by the 
security committee. Approved March 7, 1955. 



Acts, 1955. — Chaps. 147, 148, 149. 87 

An Act to further permit directors of credit unions Chan.147 
TO borrow under certain conditions. 

Be it enacted, etc., as follows. ■ 

Chapter 171 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 18, as appearing in the Tercentenary ^menciJi.' ^ ^^' 
Edition, and inserting in place thereof the following section : — 
Section 18. No member of the board of directors shall re- Borrowing by 
ceive any compensation for his services as a member of the credit°iInioL, 
said board or as a member of any committee, nor shall any regulated. 
member of said board borrow from the corporation, by 
means of a personal loan upon his note, to an amount in 
excess of the total of his shares and deposits in said credit 
union, and the accumulated earnings standing to his credit 
thereon on the books of the corporation, or with sufficient 
collateral pledged to secure the same made up of negotiable 
bonds or notes of the United States valued at not more than 
eighty per cent of their market value, or by the assignment 
of his pass book in a savings bank, co-operative bank or a 
federal savings and loan association, all doing business in 
this commonwealth, or pohcies issued by life insurance com- 
panies authorized to transact business in this commonwealth 
valued at not more than their cash surrender value, unless 
approved by vote of two thirds of the other members of said 
board. No member of said board shall become surety or 
co-maker for any loan. The officers elected by the board 
may receive such compensation as it may authorize, subject 
to the approval of the members at the next annual meeting 
or at a special meeting called for the purpose. 

Approved March 7, 1955. 

An Act extending the time within which certain sol- Chav-^^^ 
diers and sailors and their wives, widows, fathers 
or mothers may file applications for abatement or 
exemption of taxes. 

Be it enacted, etc., as folloivs: 

Chapter 534 of the acts of 1949 is hereby amended by 
striking out section 3, as amended by chapter 301 of the 
acts of 1951, and inserting in place thereof the following 
section: — Section 3. AppUcation for abatement or exemp- 
tion, as provided in sections one and two, of taxes levied in 
the year nineteen hundred and fifty-four may be made not 
later than October first, nineteen hundred and fifty-five, 
notmthstanding any provision of law to the contrary. 

Approved March 7, 1955. 

An Act relative to nominations and elections for Chav 149 

MUNICIPAL OFFICES IN THE TOWN OF AMHERST. 

Be it enacted, etc., as follows: 

Section 1, No ballot used at any election of town offi- 
cers in the town of Amherst shall have printed thereon any 



88 Acts, 1955. —Chap. 149. 

party or political designation or mark, and there shall not 
be appended to the name of any candidate on such a ballot 
any party or political designation or mark, or anything in- 
dicating his views or opinions, except that to the name of a 
candidate for re-election there may be added the words 
"candidate for re-election". 

Section 2, Nomination papers of candidates, except can- 
didates for town meeting member, at any such election shall 
be signed by not less than ten registered voters of the town 
and filed with the town clerk at least forty-five days before 
the election. The selectmen shall before each election de- 
termine the final hour and date for filing of such nomination 
papers and at least twenty days in advance thereof shall 
cause pubhc notice to be given, in a newspaper published or 
widely circulating in the town, of said hour and date, of the 
offices for which nominations are to be made, and the date 
when nomination papers should be presented for certifica- 
tion of signatures by the registrars of voters. 

Section 3. If on the third day after the last day for fihng 
nomination papers as described in section two of this act, it 
appears that for any office more than twice as many candi- 
dates have filed papers as there are persons to be elected 
thereto, the selectmen shall issue a call for a special caucus, 
in the manner of a warrant for a town meeting, stating the 
place, date, and hour thereof, and when the polls shall be 
closed, and the office or offices for which the caucus will make 
nominations. Such caucus shall be held at least thirty-one 
days before the town election and the polls shall be open 
for at least four hours. On the ballot for such special caucus 
the only names of candidates to appear thereon shall be those 
for the offices for which there are more than twice the num- 
ber to be elected, and voting shall be only for such positions. 
At the special caucus the two persons receiving the highest 
and the second highest number of votes cast for the nomina- 
tion of candidates for an office shall be declared nominated 
for such office; but if two or more persons are to be elected 
to the same office at the town election, the several persons, 
to a number equal to twice the number so to be elected to 
such office, receiving at such caucus the highest number of 
votes, the second highest number of votes, and so on to the 
number to be nominated, shall be the candidates therefor 
whose names shall be printed on the ballot used at the town 
election. If the caucus results in a tie vote among candidates 
for nomination receiving the smallest number of votes, which, 
but for the tie, would entitle a person receiving such num- 
ber to have his name printed on the ballot for town election, 
all candidates participating in such tie shall have their 
names printed upon the town election ballot, although there 
be printed upon it the names of candidates to a number ex- 
ceeding twice the number to be elected. Except as herein 
provided, and except that such special caucus shall be held 
at only one place in town and not in the several precincts, 
such special caucus shall be conducted as nearly as may be 



Acts, 1955. — Chap. 149. 89 

in the manner for conducting a town caucus as provided in 
section one hundred and twenty-one of chapter fifty-three of 
the Genera] Laws; and the expense of such caucus shall be 
borne by the town. 

Section 4. If on the third day after the filing of nomina- 
tion papers as described in section two of this act, it appears 
that for no office have more than twice as many candidates 
filed papers as there are persons to be elected thereto, no 
special caucus shall be held, and the names of the persons 
nominated by such papers shall appear on the ballot for town 
election. ]f a special caucus is held as required by section 
three of this act, there shall appear on the ballot for town 
election the names of the persons nominated at such caucus 
and the names of the persons nominated for positions for 
which not more than twice the number to be elected were 
nominated by papers. 

Section 5. While this act is in effect no political party 
caucus and no town caucus shall be held in said town for 
the nomination of candidates for town office, but nomina- 
tions may be made as heretofore in accordance with section 
six of chapter fifty-three of the General Laws. 

Section 6. This act shall be submitted to the registered 
voters of said town at its annual town election in the year 
nineteen hundred and fifty-five in the form of the following 
question, which shall be placed on the ballot to be used for 
the election of town officers: — "Shall an act passed by the 
General Court in the year nineteen hundred and fifty-five, 
entitled 'An Act relative to nominations and elections for 
municipal offices in the town of Amherst', be accepted?" If 
it is not accepted at said annual town election, it shall again 
be submitted for acceptance at the annual town election in 
the 3^ear nineteen hundred and fifty-six in the same manner. 
If it is not accepted at said annual town election in nineteen 
hundred and fifty-six, it may again be submitted for ac- 
ceptance in Uke manner from time to time at any annual 
town election, but not later than the year nineteen hundred 
and fifty-nine, upon petition signed by not less than two per 
cent of the total number of registered voters of said town and 
filed with the town clerk at least thirty days prior to such 
election. 

Section 7. Upon the acceptance of this act by a ma- 
jority of the voters voting thereon at any town election as 
aforesaid, it shall take effect for the purposes of the next 
special or annual town election following such acceptance, 
and for all subsequent town elections until this act is re- 
voked as hereinafter provided. 

Section 8. After acceptance of this act, the town may 
vote at an annual town election to revoke such acceptance, 
and the question of such revocation shall be submitted to 
the voters in the form of the following question, which shall 
be placed on the ballot for such election: — "Shall the ac- 
ceptance by the town of an act passed by the General Court 
in the year nineteen hundred and fifty-five, entitled ' An Act 



90 



Acts, 1955. — Chaps. 150, 151. 



relative to nominations and elections for municipal offices in 
the town of Amherst', be revoked?", such submission to be 
made only pursuant to a petition therefor signed by not less 
than two per cent of the total number of registered voters 
of said town and filed with the town clerk at least thirty 
days prior to such election. If such revocation is favored 
by a majority of the voters voting thereon, this act shall 
thereupon cease to be effective. If such revocation is not 
so favored, subsequent votes for such revocation may be 
taken at annual town elections in Uke manner in other years 
on like petition. Approved March 7, 1955. 



Chap. 150 An Act relative to filing of petitions for the adop- 
tion OF THE TWO PLATOON SYSTEM FOR FIRE DEPART- 
MENTS. 

Be it enacted, etc., as follows: 

Section 59 of chapter 48 of the General Laws, as appearing 
in the Tercentenary Edition, is hereby amended by striking 
out the fifth paragraph and inserting in place thereof the 
following paragraph : — 

Upon petition of not less than ten per cent of the registered 
voters in any town, duly certified by the registrars of voters 
and filed with the town clerk not less than sixty days before 
any annual town meeting, the town clerk shall cause to be 
printed upon the official ballot used for the election of town 
officers at such annual town meeting the following question: 
"Shall section fifty-nine of chapter forty-eight of the General 
Laws, providing for the division into day and night forces 
of permanent members of fire departments, kno"WTi as the 
two platoon system, be accepted?" If a majority of the 
votes cast on the said question in any town are in the affirm- 
ative, this section shall take effect in such town ninety 
days thereafter. Approved March 7, 1955. 



G. L. (Ter. 
Ed.), 48. § 59, 
amended. 



Petitions for 
adoption of 
platoon 
system for 
town fire 
departments, 
regulated. 



Chap.lbl An Act relative to the date of filing petitions regu- 
lating THE HOURS OF DUTY OF PERMANENT MEMBERS OF 
FIRE DEPARTMENTS IN CERTAIN CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

The second paragraph of section 58B of chapter 48 of 
the General Laws, as appearing in section 1 of chapter 413 
of the acts of 1945, is hereby amended by striking out, in 
line 4, the word "thirty", and inserting in place thereof 
the word : — sixty, — so as to read as follows : — 

Upon petition of not less than ten per cent of the registered 
voters in any city or town, duly certified by the registrars of 
voters and filed with the state secretary not less than sixty 
days before any state election, the state secretary shall cause 
to be printed upon the official ballot to be used in such city 
or town at such state election the following question: "Shall 
section fifty-eight B of chapter forty-eight of the General 



G. L. (Ter. 
Ed.), 48. § 58B, 
etc., amended. 



Filing date for 
petitions for 
adoption of 
platoon 
systems, 
established. 



Acts,, 1955. — Chaps. 152, 153. 91 

Laws, providing for a forty-eight hour week for permanent 
members of fire departments, be accepted?" If a majority 
of the votes cast on said question in any city or town are in 
the affirmative, this section shall take effect in such city or 
town ninety days thereafter. Approved March 7, 1955. 

An Act relative to the storage, distribution and (JJiav 152 

EXHIBITION OF CERTAIN NITRATE MOTION PICTURE FILM. 

Be it enacted, etc.. as follows: 

Section 1. Chapter 143 of the General Laws is hereby g. l. (Ter. 
amended by adding after section 88 the following section: — mw^'i^sI,' 
Section 89. The storage or distribution for purposes of added. ' 
public exhibition and all public exhibition of thirty-five Tf^certain ° 
millimeter nitrate motion picture film is hereby prohibited. ^0^^*®^^°; 
Violation of this section shall be punished by a fine of not film, 
less than ten dollars nor more than fifty dollars. 

Section 2, This act shall take effect on January first in Effective 
the year nineteen hundred and fifty-six. '*''*®- 

Approved March 7, 1955. 

An Act making the provisions of the civil service laws Chap. 15S 

APPLICABLE TO THE TOWN OF SWAMPSCOTT WITH RESPECT 
TO ITS WATER AND SEWER DEPARTMENTS. 

Be it enacted, etc., as follows: 

Section L The provisions of chapter thirty-one of the 
General Laws and the rules made thereunder, including those 
relative to the employment of laborers designated as the 
"labor service", shall be in force in the town of Swampscott 
with respect to all appointive offices and positions in the 
water and sewer departments of said town. Persons holding 
said offices and positions in said departments on the effective 
date of this act, other than those designated as the "labor 
service", shall continue to serve therein provided they pass 
qualifying examinations to which they shall be subjected 
by the division of civil service. The tenure of persons in the 
labor service in said departments shall be unlimited, subject, 
however, to said laws; but the persons in such labor service 
on the effective date of this act may continue to serve as such. 

Section 2. This act shall be submitted to the voters of 
said town at the annual towTi meeting in the current year 
in the form of the following question, which shall be placed 
upon the official ballot to be used for the election of toA^Ti 
officers at said meeting: — "Shall an act passed by the gen- 
eral court in the year nineteen hundred and fifty-five, en- 
titled 'An Act making the provisions of the civil service 
laws applicable to the town of Swampscott with respect to 
its water and sewer departments', be accepted?" If a ma- 
jority of the votes in answer to said question is in the affirma- 
tive, then this act shall thereupon take effect, but not other 
wise. Approved March 8, 1955. 



92 Acts, 1955. — Chaps. 154, 155, 156, 157. 

Chap. 154: An Act prohibiting inspectors or investigators of the 

BOARD OF REGISTRATION OF HAIRDRESSERS FROM ENGAG- 
ING IN THE HAIRDRESSING BUSINESS. 

Be it enacted, etc., as follows. • 

EdViI'^Ms Section 43 of chapter 13 of the General Laws, as most 

etc., 'amended! recently amended by section 2 of chapter 580 of the acts of 
1949, is hereby further amended by adding at the end the 

work'bT'"^ following sentence : — An inspector or investigator shall not, 

certain em- whjle SO employed, own, operate or be employed in a shop 

bo°arf!^pro- or othcrwise actually do the work of hairdressing for com- 

hibited. pensation. Approved March 8, 1955. 

Chap. 155 An Act authorizing the continuance of the business 
OF an insurance agency by the widow of the owner 
OF such agency under certain circumstances. 

Be it enacted, etc., as follows: 

G. L (Ter. Chapter 175 of the General Laws is hereby amended by 

new '§ 174D, inserting after section 174C, inserted by chapter 493 of the 
^^'^'^d- acts of 1941, the following section: — Section 174D. The 

^ert^n'^fns^ r- t)usiness of au iusurancc agency may be continued by the 
ance agencies, widow of the dcccased owner of such agency; provided, that 
regulated. ^j^^ busincss of such agcncy is conducted under the full time 
supervision of a licensed insurance broker. 

Approved March 8, 1955. 

Chap. 156 An Act relative to qualifications for the degree of 

MASTER OF BUSINESS ADMINISTRATION FROM BABSON IN- 
STITUTE. 

Be it enacted, etc., as follows: 

Chapter 557 of the acts of 1943 is hereby amended by 
inserting after the word "degree", in hne 11, the words: — 
from a recognized college or university, — and by striking 
out the words ''forty semester hours in graduate study and 
research", in Une 14, and inserting in place thereof the words: 
— thirty semester hours, or its equivalent, in graduate study 
and research in the field of business administration if the 
previous bachelor's degree received was in the field of busi- 
ness administration; or sixty semester hours, or its equiva- 
lent, in graduate study and research in the field of business 
administration if the previous bachelor's degree received was 
in a field other than business administration. 

Approved March 8, 1955. 

Chap. 151 An Act relative to the retirement for accidental 

DISABILITY OF PATRICK J. HAGGERTY, AN EMPLOYEE OF 
THE CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Notwithstanding any provision of general or special law, 
and notwithstanding any action already taken by the retire- 



Acts, 1955. — Chaps. 158, 159. 93 

ment board of the city of Springfield, or by the retirement 
appeal board of the commonwealth, the retirement board of 
the city of Springfield shall provide that a medical panel 
selected in the manner set forth in section six of chapter 
thirty-two of the General Laws make a physical examination 
of Patrick J. Haggerty of said Springfield, an applicant for 
retirement for accidental disability. In the event that said 
retirement board, upon certification by said medical panel, 
finds that said Patrick J. Haggerty is entitled to accidental 
disabiUty retirement, he shall be retired for accidental dis- 
abihty as a Group A employee of the city of Springfield as 
of the thirty-first day of December, nineteen hundred and 
fifty-four, and his retirement allowance shall thereupon be 
computed and paid in accordance with the provisions of said 
chapter thirty-two. Approved March 9, 1955. 

An Act relative to venue in the district courts. Chap.158 

Be it enacted, etc., as follows: 

The last sentence of the first paragraph of section 2 of EdV'223's2 
chapter 223 of the General Laws, as most recently amended etci.'ameAded'. 
by section 2 of chapter 616 of the acts of 1954, is hereby 
further amended by inserting after the word "lives" in 
lines 5 and 9, in each instance, the w^ords: — or has a usual 
place of business, — so as to read as follows : — An action of Y.enue in 

, , • ■ ,c,i !• ,• •, district courts 

tort arismg out of the ownership, operation, maintenance, in motor 
control or use of a motor vehicle or trailer as defined in Ictionl.*"'^*^ 
section one of chapter ninety shall be brought in a district regulated. 
court within the judicial district of which one of the parties 
Uves or has a usual place of business 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 or has a usual place of busi- 
ness in Suffolk county such action may be brought in the 
municipal court of the city of Boston. 

Approved March 9, 1955. 

An Act authorizing the commissioner of mental Chav.lb^ 

HEALTH TO SELL CERTAIN PROPERTY OF THE COMMON- 
WEALTH IN THE CITY OF NORTHAMPTON. 

Be it enacted, etc., as follows: 

The commissioner of mental health, in the name and on 
behalf of the commonwealth, is hereby authorized to sell to 
the highest bidder at a public sale, but at a price not less 
than the assessed valuation thereof, three parcels of state 
land located at the Northampton state hospital and no 
longer needed for the purposes of said hospital, one parcel 
of land having a frontage of two hundred and seventy-two 
feet on Florence road, being triangular in shape; the second 
parcel of land being off Florence road at the end of a right of 



94 Acts, 1955. — Chaps. 160, 161. 

way leading from said Florence road to said parcel of land; 
and the third parcel of land being contiguous to the second 
parcel for sixteen feet on the easterly side thereof. 

Approved March 9, 1956. 

Chap.lQO An Act to provide for the return of stolen weapons 

TO LAWFUL OWNERS. 

Be it enacted, etc., as follows: 

G. L. (Ter ^^^ ^^^^ scutcnce of scctiou 10 of chapter 269 of t.he 

Ed.), 269, General Laws, as appearing in section 1 of chapter 250 of 
amended.' the acts of 1937, is hereby amended by adding at the end the 

following : — ; except that, if the pistol or other article was 
^okn'Veipons. ^^^* ^^^ ^^ stolcn from a person lawfully in possession of it, 

the court may order its return to such person. 

Approved March 9, 1955. 

C/iap. 161 An Act authorizing the submission to the voters of 

THE TOWN OF GREENFIELD AT A SPECIAL MEETING OF CER- 
TAIN QUESTIONS PERTAINING TO PUBLIC SCHOOLS IN SAID 
TOWN. 

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 authorized to 
call, there shall be submitted to the voters thereof the five 
following questions which shall be printed upon the official 
ballot to be used at said meeting: — 

(1) Do you favor a Senior High School Plan? 

(2) Do you favor a Junior High School Plan? 

(3) Are you opposed to both the Senior and Junior High 
School Plans? 

(4) Do you favor the Dickinson street site for school 
purposes? 

(5) Do you favor the High street site for school purposes? 
Said meeting shall be conducted in the manner provided 

by the General Laws for the conduct of annual meetings 
for the election of town officers in so far as apphcable to said 
town. 

If a majority of the voters of said town, present and 
voting at said special meeting, vote in the affirmative on 
question (1) it shall be taken and deemed to be the vote of 
the town that a Senior High School Plan is favored. 

If a majority of the voters of said town, present and 
voting at said special meeting, vote in the affirmative on 
question (2) it shall be taken and deemed to be the vote of 
the town that a Junior High School Plan is favored. 

If a majority of the voters of said town, present and 
voting at said special meeting, vote in the affirmative on 
question (3) it shall be taken and deemed to be the vote of 
the town that it is opposed to both the Senior and Junior 
High School Plans. 



Acts, 1955. — Chaps. 162, 163. 95 

If a majority of the voters of said town, present and 
voting at said special meeting, vote in the affirmative on 
question (4) it shall be taken and deemed to be the vote of 
the town that the Dickinson street site for school purposes 
is favored. 

If a majority of the voters of said town, present and 
voting at said special meeting, vote in the affirmative on 
question (5) it shall be taken and deemed to be the vote of 
the town that the High street site for school purposes is 
favored. 

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

Approved March 9, 1955. 

An Act relative to the custody and delivery of Chav.\^2 

CERTAIN property FOUND ON OR NEAR A DECEASED 
PERSON. 

Be it enacted, etc., as follows: 

Chapter 38 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 18, as amended by chapter 320 of the f i's.'eus'., 
acts of 1953, and inserting in place thereof the following amended. 
section: — Section 18. The medical examiner shall take Custody and 
charge of any money or other personal property of the de- pe}.yonTi°^ 
ceased found on or near the body, and shall, unless such fJ°P"y^oQ 
money or property is required as evidence, deliver it to the or near a 
person entitled to its custody or possession, or, if not claimed re^'loiilted^' 
within sixty days, to a public administrator. For fraudulent 
neglect or refusal so to deliver such property within ten days Penalty, 
after demand, a medical examiner or an associate medical 
examiner shall be punished by a fine of not more than five 
hundred dollars or by imprisonment for not more than 
two years. Approved March 11^, 1955. 

An Act increasing the maximum amount of demand (7/iay0.163 
deposits which may be received by certain banking 
companies. 

Be it enacted, etc., as follows: 

The second sentence of section 6A of chapter 172A of the g. l. (Ter. 
General Laws, as amended by chapter 123 of the acts of fei' Itc., ' 
1953, is hereby further amended by striking out, in fine 5, amended. 
the word "thirty" and inserting in place thereof the words: 
— one hundred, — so as to read as follows: — The total of J^widness 
the indebtedness of any such corporation to any individual, of certain 
estate, trust, corporation, association or partnership on compimies, 
account of collected balances of deposits received under !'"»»*«'*• 
authority of this section shall not at any time exceed one 
hundred thousand dollars; but this limitation shall not 
apply to deposits received from said governments and 
agencies thereof and from banking institutions and charitable 
and religious organizations. Approved March 14, 1955. 



96 Acts, 1955. — Chaps. 164, 165. 



Chap. 164 An Act authorizing the city of lowell to annex cer- 
tain lAND SITUATED IN THE TOWN OF CHELMSFORD. 

Be it enacted, etc., as follows: 

Section 1. The city of Lowell is hereby authorized to 
annex certain land situated in the town of Chelmsford, the 
annexation of which by said city has heretofore been ap- 
proved by said town, bounded and described as follows : — 

Beginning at a point in the existing city-town hne six 
hundred four and nine one hundredths (604.09) feet north- 
easterly from city corner No. 2, which lies near the inter- 
section of Routes 3 and 110, the co-ordinates of this starting 
point being Y = 587462.23 and X = 646859.94; thence 
north 86° 08' 30" east along the existing city-town line one 
thousand seven hundred twenty-three and forty-two one 
hundredths (1,723.42) feet to a point, the co-ordinate posi- 
tions of which are Y = 587578.20 and X = 648579.39; 
thence south 3° 42' 9" east one thousand eight hundred thirty* 
five and ninety-three one hundredths (1,835.93) feet to a 
point, the co-ordinate positions of which are Y = 585746.10 
and X = 648697.95; thence south 24° 23' 26" west six 
hundred fifty-eight and forty-eight one hundredths (658.48) 
feet to a point, the co-ordinate positions of which are 
Y = 585146.39 and X = 648426.03 ; thence south 80° 47' 51" 
west nine hundred thirty-eight and sixty-nine one hundredths 
(938.69) feet to a point, the co-ordinate positions of which 
are Y = 584996.27 and X = 647499.42; thence north 
17° 55' 20" west one thousand eight hundred twenty and 
sixty-nine one hundredths (1,820.69) feet to a point, the 
co-ordinate positions of which are Y = 586728.61 and 
X = 646939.15; thence north 42° 12' 4" east one hundred 
seventy-three and two one hundredths (173.02) feet to a 
point, the co-ordinate positions of which are Y = 586856.78 
and X = 647055.37; thence north 17° 55' 20" west six 
hundred thirty-six and thirty-three one hundredths (636.33) 
feet to the point of beginning and containing eighty-three 
and seventy hundredths (83.70) acres of land. 

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

Approved March 14, 1955. 

Chap.lQ5 An Act relative to the width of motor buses which 

MAY BE OPERATED BY THE METROPOLITAN TRANSIT AU- 
THORITY. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 310 of the acts of 1951 
is hereby amended by inserting after the word "feet", in 
line 7, the words: — and an outside width in excess of ninety- 
six inches but not in excess of one hundred and two inches, 
— so as to read as follows: — Section 1. Notwithstanding 
the provisions of section nineteen of chapter ninety of the 
General Laws or of other general or special laws, the Metro- 



Acts, 1955. — Chaps. 166, 167. 97 

politan Transit Authority may operate on any way within 
the limits of the cities and towns constituting said Authority, 
motor buses which have an extreme over-all length in excess 
of thirty-five feet but not in excess of forty feet and an out- 
side width in excess of ninety-six inches but not in excess of 
one hundred and two inches without a special permit so to 
operate such buses from the board or officer having charge 
of such way or. in case of a state highway or way determined 
by the department of pubhc works to be a through route, 
from said department. 
Section 2. This act shall take effect upon its passage. 

Approved March 15, 1955. 

An Act authorizing the city of chicopeb to sell and (7/iar>.166 

CONVEY TO OSCAR DION A PORTION OP NASH FIELD IN 
SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Chicopee is hereby authorized to 
sell and convey a certain portion of land comprising play- 
ground property and known as Nash Field, measuring ap- 
proximately one hundred and twenty feet by sixty feet, 
more or less, being lot numbered 258 on Plan No. 734, re- 
corded in the registry of deeds for Hampden county, to Oscar 
Dion, an abutter of said property. Said sale and conveyance 
shall be effected and completed in the year nineteen hundred 
and fifty-six. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the board of 
aldermen of said city, subject to the provisions of its charter, 
but not otherwise. Approved March 15, 1955. 

An Act relative to deposits of the state treasurer. Chap. 167 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose which is to authorize state funds to be P'^^ambie. 
deposited in certain banks forthwith, therefore it is hereby 
declared to be an emergency law, necessary for the im- 
mediate preservation of the public convenience. 

Be it enacted, ptc, as follows: 

Section 34 of chapter 29 of the General Laws, as most re- g. l. (Ter. 
cently amended by chapter 135 of the acts of 1954, is hereby ^tci! 'amended. 
further amended by inserting after the first sentence the fol- 
lowing sentence: — For the purpose of facihtating the certain bank 
handling of funds deposited by institutions or agencies of stTte^funds, 
the commonwealth in local banks in cities and towns having regulated. 
a population of twenty-five thousand or less, such deposits 
may exceed said limit, provided such excess is guaranteed 
by a deposit in trust with the state treasurer of bonds of the 
United States or of the commonwealth in Uke amount as 
approved by the state treasurer. 

Approved March 15, 1955. 



98 



Acts, 1955. — Chaps. 168, 169, 170. 



Chap.lGS An Act requiring cities and towns to indemnify police 

OFFICERS ASSIGNED TO SPECIAL DUTY FOR CERTAIN EX- 
PENSES FOR DAMAGES. 



Be it enacted, etc., as follows: 

Section 100 of chapter 41 of the General Laws, as amended 

by chapter 550 of the acts of 1950, is hereby further amended 

by inserting after the word "duty" in Une 45 the following: 

Indemnification — ^ whether such member is paid for such special duty by 

ofpoUce ^^^ municipahty, district or otherwise. 

Approved March 15, 1955. 



G. L. (Ter. 
Ed.). 41, § 100. 
etc., amended. 



of . 
officers. 



C/iap. 169 An Act relating to the issuance of certain group 

LIFE insurance POLICIES. 



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



Issuance of 
certain 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 amended by inserting after provision 4 the 
following provision : — 

4A, In the case of a policy issued to a creditor to insure 
debtors of such creditor, a provision that the insurer will 
furnish to the poHcyholder for delivery to each debtor in- 
sured under the policy a form which will contain a state- 
ment that the life of the debtor is insured under the policy 
and that any death benefit paid thereunder by reason of his 
death shall be applied to reduce or extinguish the indebted- 
ness. Approved March 15, 1955. 



G. L. (Ter. 
Ed.), 1180. § 7, 
amended. 



Chap. 170 An Act relative to the by-laws of corporations formed 

FOR CHARITABLE AND CERTAIN OTHER PURPOSES. 

Be it enacted, etc., as follows: 

Section 7 of chapter 180 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by in- 
serting after the word "accomplished" in hues 2 and 3 the 
words : — , except that such by-laws may not restrict the 
right of the members thereof to offer nominations from the 
floor at the annual meeting of the corporation nor prevent 
any member thereof from receiving a copy of the by-laws 
upon written request, — so as to read as follows: — Sec- 
tion 7. The corporation may prescribe by its by-laws the 
manner in which, and the officers and agents by whom, its 
purposes may be accomplished, except that such by-laws may 
not restrict the right of the members thereof to offer nomina- 
tions from the floor at the annual meeting of the corporation 
nor prevent any member thereof from receiving a copy of the 
by-laws upon written request, and, instead of the directors 
and other oflficers to be chosen at the first meeting, it may 
have a board of other officers with the powers of directors, 
and presiding, financial and recording oflficers with the powers 
of president, treasurer and clerk; and its certificate of or- 



Certain rights 
of members of 
chapter 180 
corporations, 
not to be 
restricted by 
by-laws. 



Acts, 1955. — Chaps. 171, 172. 09 

ganization may be made, signed and sworn to by its presid- 
ing, financial and recording officers and a majority of its 
other officers having the powers of directors; and the cer- 
tificate issued by the state secretary under section twelve 
of chapter one hundred and fifty-six shall be modified to 
correspond with the facts in each case. 

Approved March 15, 1955. 

An Act relative to group life insurance. Chav. 171 

Be it enacted, etc., as follows: 

Clause (a) of section 133 of chapter 175 of the General S-,^iTK''- 

T 1 111 •l("1 ^C'/l 170, 

Laws, as most recently amended by section 1 oi chapter § i33, etc., 
404 of the acts of 1951, is hereby further amended by striking ''™^'*'^^'^- 
out, in line 1, the word "twenty- five" and inserting in place 
thereof the word: — ten, — so as to read as follows: — 
(a) not less than ten employees, with or without medical ex- certain policies 
amination, written under a policy issued to the employer, Sngurance^'^^ 
or to the trustees of a fund established by the employer, the regulated.' 
premium on which is to be paid by the policyholder, either 
wholly from the employer's funds or funds contributed by 
him, or partly from such funds and partly from funds con- 
tributed by the insured employees, and insuring only all of 
the employees of the employer, or all of any class or classes 
thereof determined by conditions pertaining to their em- 
ployment, or by duration of service in which case no em- 
ployee shall be excluded if he has been for one year or more 
in the employ of the employer, or for such period longer than 
one year as may be required by any pension plan under or in 
connection with which the policy is taken out, for amounts 
of insurance based upon some plan precluding individual 
selection, and for the benefit of persons other than the em- 
ployer, provided, that when part of the premium is to be 
derived from funds contributed by the insured employees 
and the benefits of the policy are offered to all eligible em- 
ployees, not less than seventy-five per cent of such employees 
may be so insured, or not less than forty per cent if each em- 
ployee belonging to the insured group has been medically 
examined and found acceptable for ordinary insurance by an 
individual poUcy; or Approved March 15, 1955. 

An Act making a corrective change in the law rela- Chav. 112 

TIVE TO THE REGISTRATION OF MOTOR VEHICLES IN RE- 
SPECT TO THE COMPULSORY MOTOR VEHICLE LIABILITY 
INSURANCE LAW. 

Be it enacted, etc., as follows: 

Section lA of chapter 90 of the General Laws, as amended, Ed)' gol'iA 
is hereby further amended by striking out the second sen- etc., 'amended.' 
tence, as appearing in chapter 471 of the acts of 1950, and 
inserting in place thereof the following sentence: — Said de- Registration 
partment shall issue a certificate hereinabove mentioned upon vehfciM umfer"^ 
the filing of a bond, satisfactory to the department in form •^u^a^e'kw? 



100 



Acts, 1955. — Chaps. 173, 174. 



and amount, covering all motor vehicles and trailers of the 
obligor for which application for registration may be made, 
containing the condition of a motor vehicle liability bond, 
as defined in section thirty-four A, except as to amount, 
which bond shall, upon a showing to said department's satis- 
faction of the obligor's financial abiUty, be without surety. 

Approved March 15, 1955. 



Chap. VIZ An Act authorizing business corporations to provide 

FOR THE ELECTION OF DIRECTORS BY CUMULATIVE VOTING. 



G. L. (Ter. 
Ed.), 156, § 32, 
amended. 



Voting powers 
of stockholders. 



Proxies. 



Election of 
directors of 
business 
corporations 
by cumula- 
tive voting, 
authorized. 



Be it enacted, etc., as follows: 

Chapter 156 of the General Laws is hereby amended by 
striking out section 32, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following sec- 
tion : — Section S2. Stockholders entitled to vote shall, ex- 
cept as provided in this section and in sections two and four 
of chapter one hundred and fifty-seven, have one vote for 
each share of stock owned by them; provided, that in cor- 
porations having two or more classes of stock, the voting 
powers of the different classes may be fixed in the manner 
provided by section fourteen. Capital stock shall not be 
voted upon if any instalment of the subscription therefor 
which has been duly demanded under section eighteen is 
overdue and unpaid. Stockholders may vote either in per- 
son or by proxy. No proxy which is dated more than six 
months before the meeting named therein shall be accepted, 
and no such proxy shall be valid after the final adjournment 
of such meeting. 

Every corporation in its agreement of association, or in 
the case of a corporation created by special law, in its articles 
of organization, or in an amendment to said agreement or 
articles which may be adopted as provided in section forty- 
two, may provide that at all elections of directors each stock- 
holder shall be entitled to as many votes as shall equal the 
number of his shares of stock multiplied by the number of 
directors to be elected, and that he may cast all of such 
votes for a single director or may distribute them among 
the number to be voted for or any two or more of them, as 
he may see fit, which right, when exercised, shall be termed 
cumulative voting. Approved March 15, 1955. 



Chap. 17 4: An Act making certain corrective changes in the 

workmen's compensation law. 



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



Be it enacted, etc., as follows: 

Section 1. Section 19 of chapter 152 of the General 
Laws, as most recently amended by section 6 of chapter 
314 of the acts of 1953, is hereby further amended by strik- 
ing out the paragraph contained in lines 19 to 22, inclusive, 
as appearing in the Tercentenary Edition, and inserting in 
place thereof the following paragraph: — 

Copies of reports of injuries filed by employers with the 
division, and statistics and data compiled therefrom, shall 



Acts, 1955. — Chap. 174. 101 

be kept available by it, and shall be furnished on request to 
the department of labor and industries for its own use. 

Section 2. Said section 19 of said chapter 152, as so g. l. (Xer. 
amended, is hereby further amended by striking out the last ftc'.i'fi^ulel ^^' 
paragraph, inserted by section 11 of chapter 379 of the acts amended. 
of 1941, and inserting in place thereof the following para- 
graph : — 

This section shall apply also to the head of each employ- 
ing board, commission and department of the commonwealth 
and of the several counties, cities, towns and districts sub- 
ject to section sixty-nine, and copies of the reports hereby 
required shall likewise be furnished by such employing 
head to the appropriate retirement board, if any, and to the 
agent referred to in section seventy-five or the insurer, if any. 

Section 3. Said chapter 152 is hereby further amended ^^^•iT|'' 
by striking out section 25A, as most recently amended by § 25A, etc. 
chapter 351 of the acts of 1950, and inserting in place thereof -'^^^'^e'^- 
the following section : — Section 25 A . In order to promote 
the health, safety and welfare of employees, every employer 
shall provide for the payment to his employees of the com- 
pensation provided for by this chapter in the following 
manner: — 

(1) By insurance with an insurer, or 

(2) Subject to the rules of the division, by obtaining from 
the division annually a license as a self-insurer by conform- 
ing to the provisions of one of the two following sub-para- 
graphs and also to the provisions of sub-paragraph (c) if 
required. Every employer desiring to be licensed as a self- 
insurer shall make application for such license on a form pro- 
vided by the division. The application shall contain: (1) a 
sworn itemized statement of the assets and liabilities of the 
applicant; (2) a payroll report for the preceding fiscal year 
of the applicant; (3) a detailed description of the nature 
and kind of business carried on. 

(a) By keeping on deposit with the state treasurer in trust 
for the benefit and security of employees such amount of se- 
curities, not less in market value than twenty thousand dol- 
lars, as may be required by the division, said securities to be 
in the form of cash, bonds, stocks or other evidences of in- 
debtedness as the division may require, and to be used, liq- 
uidated and disbursed only upon order of the division for the 
purposes of paying the benefits provided for by this chapter. 
The division shall, at least semi-annually, determine the li- 
abilities of a self- insurer both incurred or to be incurred 
because of personal injuries to employees under this chapter. 
The division shall require an additional deposit or further se- 
curity when the sum of the self-insurer's hability both in- 
curred or to be incurred exceeds the deposit or any required 
reinsurance, or permit a decrease of said deposit provided 
the value of said deposit in no case shall be less than twenty 
thousand dollars. The division may permit a substitution of 
securities in place of those deposited. Interest, dividends and 
other income from said deposit or deposits shall be payable 



102 Acts, 1955. — Chap. 174. 

to the employer who deposited them, unless and until the di- 
vision shall direct otherwise. The deposit or deposits may 
be returned to the employer if the employer shall insure with 
an insurer under paragraph (1) of this section, or qualify as 
a self-insurer under sub-paragraph (6) of this section, or if 
he shall cease to transact business in the commonwealth ; pro- 
vided, that in any case he satisfies the division that he is not 
under any obligation to pay compensation under this chap- 
ter, or, if the division so requires, he furnishes the division 
with a single premium non-cancellable policy, insuring him 
against any liabiUty that may have arisen under this chapter 
or with a bond executed as surety by some company author- 
ized to transact the business of workmen's compensation in- 
surance in this commonwealth, in an amount and form ap- 
proved by the division, guaranteeing the payment of any 
hability on his part that may have arisen under this chapter. 
No deposit so deposited shall be assignable or subject to at- 
tachment or be liable in any way for the debt of the self-in- 
surer. 

(6) By furnishing annually a bond running to the com- 
monwealth, with some surety company authorized to trans- 
act business in the commonwealth as surety, in such form as 
may be approved by the division and in such amount not 
less than twenty thousand dollars as may be required by the 
division, said bond, however, to be upon the condition that 
if the license of the principal shall be revoked or if the prin- 
cipal shall cease to transact business in the commonwealth 
or if the division shall refuse to renew the license or if the 
principal shall insure with an insurer, the principal shall 
upon demand deposit with the state treasurer an amount 
of securities equal to the penal sum of the bond or a single 
premium non-cancellable policy issued by some insurance 
company authorized to transact the business of workmen's 
compensation insurance in this commonwealth, insuring him 
against any liability that may have arisen under this chap- 
ter or a bond executed as surety by some company author- 
ized to transact the business aforesaid in this commonwealth, 
in an amount and form approved by the division, guaran- 
teeing the payment of any liability on his part that may 
have arisen under this chapter. The division shall, at least 
semi-annually, determine the liabilities of a self-insurer both 
incurred or to be incurred because of personal injuries to 
employees under this chapter. The division may at any 
time require an additional bond, similarly conditioned, or 
further security or permit a decrease in the amount of said 
bond provided the amount of the bond or the bonds in no 
case shall be less than twenty thousand dollars. The lia- 
biUty of the surety shall not exceed in the aggregate the 
penal sum or sums stated in any such bond or bonds or in any 
endorsements giving effect to any such increase or reduction. 
The division may permit a substitution of a new bond or 
bonds for the bond or bonds which have been furnished, 
(c) As a further guarantee of a self-insurer's abiUty to pay 



Acts, 1955. — Chap. 174. 103 

the benefits provided for by this chapter to injured employees, 
every self-insurer shall make arrangements satisfactory to the 
division, by reinsurance, to protect it from extraordinary 
losses or losses caused by one disaster. 

Such reinsurance shall be in such amounts and form as the 
division may approve and shall be effected with a company 
as provided in section twenty of chapter one hundred and 
seventy-five, provided, the minimum amount shall be not 
less than five hundred thousand dollars. Such reinsurance 
shall provide that the use or disposition of any money re- 
ceived by a self-insurer or former self-insurer under any such 
reinsurance shall be subject to the approval of the division, 
and no such money shall be assignable or subject to attach- 
ment or be Uable in any way for the debt of the self-insurer 
unless incurred under this chapter. The provisions of this 
paragraph shall not apply to common carriers by railroad 
which are subject to the provisions of the Federal Em- 
ployers Liabihty Act. 

(3) The division may make rules governing self-insurers, 
and may revoke or refuse to renew the license of a self-in- 
surer because of the failure of such self-insurer promptly to 
make pajonents of compensation provided for by this chap- 
ter, or for any other reasonable cause. Any person aggrieved 
by the action of the division in refusing to grant a license or 
in revoking, or refusing to renew, a license of a self-insurer 
under this section or by the action of the division in requir- 
ing an additional deposit or further security under sub-para- 
graph (a) of this section, or in requiring a further bond or 
security for an additional sum under sub-paragraph (b) of 
this section may demand a hearing before the division, and 
if, after said hearing, the division denies his petition, he may 
within ten days after receipt of a notice stating reasons for 
such denial, file a petition in the superior court for Suffolk 
county for a review thereof ; but the fiUng of such a petition 
shall not suspend the action of the division unless a stay 
thereof shall be allowed by the justice pending a final de- 
termination by the court. The court shall summarily hear 
the petition and may make any appropriate order or decree. 

(4) Such expenses as shall be determined by the depart- 
ment of administration and finance as necessary to carry out 
the provisions of this chapter relating to self-insurance shall 
be assessed against all self -insurers, including for this pur- 
pose emplo3''ers who have ceased to exercise the privilege of 
self-insurance but whose securities are retained on deposit in 
accordance with the rules of the division. The basis of as- 
sessment shall be the proportion of such expense that the 
total securities deposited by each self-insurer or penal sum 
of bond or bonds furnished by each self-insurer at the close 
of each fiscal year bears to the total deposits and bonds of 
all self-insurers. All such assessments when collected shall 
be paid into the state treasury. 

Section 4. Section 75 of said chapter 152, as most re- g. l. (Xer. 
cently amended by section 1 of chapter 610 of the acts of ^toiiameniedf' 



104 Acts, 1955. — Chap. 175. 

1951, is hereby further amended by striking out, in Hne 10 
and in Hne 13, the word "department" and inserting in 
place thereof, in each instance, the word: — division. 
litclZin'^'^' Section 5. Sections 15A, 24, 25C, 25D, 26, 31, 45, 57, 
sections 58, 65, 65N and 69B of said chapter 152 are hereby amended 

amen e . j^^ striking out the word "department", wherever it ap- 

pears therein and inserting in place thereof, in each instance, 
the word: — division. Approved March 15, 1955. 

Chap. 17 6 An Act making an appropriation for the further 

DEVELOPMENT OF THE GENERAL EDWARD LAWRENCE 
LOGAN INTERNATIONAL AIRPORT FOR THE FISCAL YEAR 
NINETEEN HUNDRED AND FIFTY-FIVE. 

Be it enacted, etc., as follows: 

Section 1. To provide for additional expenses of the de- 
velopment of the General Edward Lawrence Logan Inter- 
national Airport, the sum set forth in section two of this 
act is hereby appropriated from the General Fund or ordi- 
nary revenue of the commonwealth, to be in addition to any 
amounts at present available for the purpose. 

Section 2. 

Item 
0493-03 For the further development of the Geueral 
Edward Lawrence Logan Airport and to 
make certain federal grants available for 
the purpose, to be in addition to state funds 
available from amounts authorized in 
chapter seven hundred and sixty of the 
acts of nineteen hundred and fiftj^ and item 
8255-04 authorized in chapter four hun- 
dred and seventy-one of the acts of nineteen 
hundred and fifty-four; provided, that any 
improvement or development of the airport 
under this item shall not permit the exten- 
sion of the existing bounds towards the 
town of Winthrop or the mainland of the 
East Boston district of the city of Boston; 
and, provided further, that federal funds 
received on account of this item shall be 
credited to the General Fund, appropria- 
tion expires June thirtieth, nineteen hun- 
dred and fifty-seven; and, provided fur- 
ther, that notwithstanding the provisions of 
section fourteen of chapter twenty-nine of 
the General Laws, funds made available for 
this purpose under the provisions of said 
chapter seven hundred and sixty of the acts 
of nineteen hundred and fifty shall also be 
available until June thirtieth, nineteen 
hundred and fifty-seven . . . . $167,760 00 

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

Approved March 16, 1955. 



Acts, 1955. — Chaps. 176, 177. 105 



An Act relative to the securing of information con- (JJid^ 17g 

CERNING PERSONS RESIDING AT INNS, LODGING HOUSES 
AND PUBLIC LODGING HOUSES. 

Be it enacted, etc., as follows: 

Chapter 51 of the General Laws is hereby amended by g. l. (Ter. 
striking out section lOA, as amended by section 1 of chap- fioAfe'tc, 
ter 320 of the acts of 1943, and inserting in place thereof the '^mended. ' 
following section: — Section 10 A. Every innholder h- J^j»>jjJ8^°f^j 
censed under any provision of chapter one hundred and forty inns, lodging 
and every keeper of a lodging house or pubhc lodging house ''°"^'^^' '^*°- 
Ucensed thereunder shall deUver to the person performing 
the duties required by section four, on a suitable blank to be 
furnished him by said person a statement, signed under the 
penalties of perjury, showing the name of every person 
twenty years of age or older on January first of said year 
whose place of residence on said January first was at such 
inn, lodging house or pubUc lodging house. 

Approved March 16, 1955. 



An Act to place under the jurisdiction of the depart- Chap. 177 

MENT of public WORKS OF THE CITY OF GLOUCESTER THE 
CONTROL AND MANAGEMENT OF THE PARK DEPARTMENT OF 
SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The management and control of the park de- 
partment of the city of Gloucester is hereby placed under 
the jurisdiction of the department of pubUc works of said 
city, said department to be managed by a director who shall 
be appointed by and act under the supervision of the city 
manager of said city. 

Section 2. The board of park commissioners estabUshed 
under the provisions of section two of chapter forty-five of 
the General Laws is hereby abolished, and the powers and 
duties of the said commissioners shall hereafter be vested in 
and performed by the said director of pubhc works of said 
city. 

Section 3. All persons now employed in the park de- 
partment of said city are hereby transferred to its depart- 
ment of public works, subject to the approval of the civil 
service commission in cases where the employment is sub- 
ject to the rules and regulations of the civil service com- 
mission, and such transfer shall be made without loss of pay 
and without change of rating, seniority, retirement or pen- 
sion rights or any other rights or privileges to which said 
employees may be subject. 

Section 4. No contracts or Uabilities in force in said 
park department of the city of Gloucester on the effective 
date of this act shall be affected, and the said director of the 
department of public works shall be the lawful successor of 
said board of park commissioners. 



106 Acts, 1955. — Chap. 178. 

Section 5. This act shall be submitted for acceptance to 
the registered voters of the city of Gloucester at its regular 
city election in the current year in the form of the following 
question, which shall be placed upon the official ballot to be 
used at said election: — "Shall an act passed by the general 
court in the year nineteen hundred and fifty-five, entitled 
'An Act to place under the jurisdiction of the department of 
public works of the city of Gloucester the control and man- 
agement of the park department of said city', be accepted?" 
If a majority of the votes in answer to said question is in the 
affirmative, then this act shall thereupon take full effect, 
but not otherwise. Approved March 16, 1955. 



Chap. 17 S An Act to authorize the town of longmeadow to incur 

INDEBTEDNESS FOR THE CONSTRUCTION OF SEWAGE TREAT- 
MENT WORKS, AND TO CONSTRUCT THE SAME. 

Be it enacted, etc., as follows: 

Section 1. The town of Longmeadow, hereinafter called 
the town, may lay out, construct, maintain and operate a 
system or systems of main drains and common sewers for a 
part or the whole of its territory, with such connections and 
other works as may be required for a system or systems of 
sewerage and sewage treatment and disposal, and may con- 
struct such sewers or drains in said town as may be neces- 
sary, and, for the purpose of providing better surface or 
other drainage, may make, lay and maintain such drains as 
it deems best; and, for the purposes aforesaid, the town 
may, within its limits, make and maintain subdrains. 

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

Section 3. The board of water and sewer commissioners, 
acting for and on behalf of said town, may take by eminent 
domain under chapter seventy-nine of the General Laws, or 
acquire by purchase or otherwise, any lands, water rights, 
rights of way or easements, public or private, in said town, 
necessary for accomplishing any purpose mentioned in this 
act, and may construct such main drains and sewers under 
or over any bridge, railroad, railway, boulevard or other pub- 
lic way, or within the location of any railroad, and may enter 
upon and dig up any private land, public way or railroad 
location, for the purpose of laying such 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 rail- 
road corporation except at such time and in such manner as 
they may agree upon with such corporation, or, in case of 



Acts, 1955. —Chap. 178. 107 

failure to agree, as may be approved by the department of 
public utilities. 

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

Section 5. The town may, at the meeting when this 
act is accepted or at any meeting thereafter, by vote, deter- 
mine if a portion of the cost of said system or systems of 
sewerage and disposal shall be paid by the town, and if a 
portion, what portion of the whole cost shall be paid by the 
town and may alter such portion from time to time by vote 
of the town. 

In providing for the payment of the remaining portion of 
the cost, if any, of said system or systems or for the use of 
said system or systems, the town may avail itself of any or 
all of the methods permitted by the General Laws, and the 
provisions of said General Laws relative to the assessment, 
apportionment, division, reassessment, abatement and col- 
lection of sewer assessments, to liens therefor and to interest 
thereon shall apply to assessments made under this act, ex- 
cept that interest shall be at the rate of four per cent per 
annum. At the same meeting at which it determines or 
alters the proportion of the cost which is to be borne by the 
town, it may by vote determine by which of such methods 
the remaining portion of said cost shall be provided for. The 
collector of taxes of said town shall certify the payment or 
payments of such assessments or apportionments thereof to 
the water and sewer commissioners, who shall preserve a 
record thereof. 

Section 6. For the purpose of paying the necessary ex- 
penses and liabihties incurred under this act, the town may 
from time to time, within ten years after the passage of this 
act, borrow 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, Longmeadow Sewerage Loan, Act of 1955. Each 
authorized issue shall constitute a separate loan and such 
loans shall be payable in not more than thirty years from 
their dates. Indebtedness incurred under this act shall be 
in excess of the statutory limit, but shall, except as pro- 
vided herein, be subject to chapter forty-four of the General 
Laws. 

Section 7. The receipts from sewer assessments and from 
payments made in heu thereof may be apphed to the pay- 
ment of charges and expenses incident to the maintenance 
and operation of said system or systems of sewerage and 
sewage disposal or to the extension thereof, to the payment 
of interest upon bonds or notes issued for sewer purposes or 
to the payment or redemption of such bonds or notes. 

Section 8. All contracts made by the board of water and 
sewer commissioners shall be made in the name of the town 
and shall be signed by the board, but no contract shall be 



108 Acts, 1955. — Chap. 179. 

made or obligation incurred by said board for any purpose in 
excess of the amount of money appropriated by the town 
therefor. 

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

Section 10. No act shall be done under authority of the 
preceding sections except in the making of surveys and other 
preliminary investigations, until the plans for sewage dis- 
posal have been approved by the state department of public 
health. 

Section 11. Nothing in this act shall deprive the town 
of any authority it now possesses under any general or special 
law. 

Section 12. This act shall take full effect upon its ac- 
ceptance by vote of a majority of the voters of said town 
voting thereon at a town meeting called for the purpose 
within four years after its passage, but not otherwise. 

Approved March 16. 1956. 

Chap. VI ^ An Act authorizing the town of weymouth to use 

CERTAIN PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Weymouth is hereby authorized 
to use for school purposes, or school uses and for all purposes 
incidental thereto, certain park land located on Commercial 
street in said town known as East Weymouth playground, 
bounded and described as follows : — Beginning at a point 
on the southeasterly side line of Station street at land of 
Edward V. SuUivan and Mary A. Sullivan; thence running 
southeasterly by said land of Edward V. Sulhvan and Mary 
A. Sullivan, by land of Martin T. O 'Toole and Margaret E. 
'Toole, tenants by the entirety, by land of Ruth M. Lang, 
and by land of the town of Weymouth, a total distance of 
about three hundred and twenty-six feet to an angle point; 
thence running southwesterly by said land of the town of 
Weymouth, a distance of about one hundred and seventeen 
feet, to other land of the town of Weymouth fronting on Com- 
mercial street; thence turning and running southeasterly by 
said other land of the town of Weymouth and by land of Tris- 
tano T. Mariano and Jessie P. Mariano, joint tenants, a total 
distance of about ninety-seven feet to land of Martha E. 
Maddy; thence turning and running northeasterly by said 



Acts, 1955. — Chap. 179. 109 

land of Martha E. Maddy a distance of about thirty-three 
feet to an angle point; thence turning and running south- 
easterly still by said land of said Maddy, a distance of about 
fifty-three feet to land of Benjamin A. Loud and Marjorie A. 
Loud, tenants by the entirety; thence running southeasterly 
but more easterly by said land of said Benjamin A. Loud and 
Marjorie A. Loud, a distance of thirty feet to other land of 
the town of Weymouth, known as the East Weymouth play- 
ground; thence turning and running northeasterly by said 
other land of the town of Weymouth, a distance of about 
one hundred and eighty-five feet to an angle point; thence 
running northeasterly but more northerly by said other land 
of the town of Weymouth, a distance of two hundred and 
thirty-five feet to an angle point; thence turning with a de- 
flection angle to the left of 72° 00' 00" and running north- 
westerly, still by said other land of the town of Weymouth, 
a distance of two hundred and twenty feet to land of Jessie 
H. Lovell; thence turning and running southwesterly by 
said land of said Lovell a distance of sixty-five feet to an 
angle point; thence turning and running northwesterly, still 
by said land of said Lovell, a distance of one hundred and 
fifty-one and forty-seven hundredths feet, to said line of Sta- 
tion street; thence turning and running southwesterly by 
said side fine of Station street, a distance of about one hun- 
dred and fifty-three and five tenths feet to said land of Ed- 
ward V. Sullivan and Mary A, SulHvan and the point of be- 
ginning. 

Containing about three and two tenths acres, be the same 
or any of the aforesaid measurements more or less, as shown 
on the plan entitled "Plan of Land in (East) Weymouth, 
Mass. ", made by Russell H. Whiting, town engineer, dated 
February 12, 1955, and made a part of this description and 
record. 

Section 2. The above described land shall, upon the 
effective date of this act, be under the authority and super- 
vision of the school committee, and the entire area of lot B 
shall constitute a joint right of way for both the school au- 
thorities and the park authorities, and also that the park 
authorities shall be herein granted a right of way twenty 
feet in width across the land herein conveyed for access to 
the remaining playground land. 

Section 3. Any action taken by a town meeting pursu- 
ant 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 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, but not otherwise. Approved March 16, 1955. 



no Acts, 1955. — Chaps. 180, 181, 182. 

Chap. 180 An Act relative to the payment of minimum wages on 

PUBLIC WORKS projects. 

Be it enacted, etc., as follows: 

Ed.h ils'l 27, Section 27 of chapter 149 of the General Laws, as amended 

etc., 'amended. ' by chapter 461 of the acts of 1935, is hereby further amended 

by striking out the last sentence and inserting in place thereof 

mfmm^m^^ the followiug Sentence: — "V^Tioever shall pay less than said 

wa^es on rate or rates of wages on said works to any person perf orm- 

project^°'^ ^ ing work within classifications as determined by the commis- 

reguiated. sioner, and whoever, for himself, or as representative, agent 

or officer of another, shall take or receive for his own use or 

the use of any other person, as a rebate, refund or gratuity, 

or in any other guise, any part or portion of the wages paid 

to any such person for work done or service rendered on said 

Penalty. public works, shall be punished by a fine of not less than one 

hundred nor more than five hundred dollars. 

Approved March 16, 1955. 

C hap. ISl An Act authorizing the town of wellesley to re- 
convey land taken for park and playground pur- 
poses. 

Be it enacted, etc., as follows: 

Section 1. The town of Wellesley is hereby authorized 
to reconvey to Antonio Epifano as he is the trustee of the 
Clark Realty Trust under a Declaration of Trust dated 
July 16, 1935, and recorded with Middlesex South District 
Deeds, Book 5947, Page 317, the land taken for park and 
playground purposes from said trustee for the town by an 
order of its selectmen adopted on April 30, 1951, and re- 
corded with Norfolk Deeds, Book 2999, Page 24, in con- 
sideration of a release by said trustee of all damages caused 
by said taking, said land being a strip seven feet wide running 
from Elmwood road to other park and playground land of 
said town now known as Kelly Memorial Park, a distance of 
approximately one hundred and fifty feet. 

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

Approved March 21, 1955. 

Chap. 182 An Act authorizing the town of ludlow to use certain 

PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Ludlow is hereby authorized 
to use such portion of Veterans' Park, located in said town 
and situate on Chapin street, as the town, by vote passed 
at any annual or special town meeting within five years 
after the passage of this act, shall determine, for the erection 
of a public school building or for other school uses, and for all 
purposes incidental thereto; and after such vote, such 



Acts, 1955. — Chaps. 183, 184, 185. Ill 

portion shall be under the same care and control as other 
school property. 

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

Approved March 21, 1955. 

An Act relating to the storage or dispensing equip- (Jfidj) 133 

MENT TO BEAR BRAND NAME OF PRODUCT STORED OR DIS- 
PENSED. 

Be it enacted, etc., as follows: 

Section 295F of chapter 94 of the General Laws, inserted gd^'gl^'' 
by section 1 of chapter 459 of the acts of 1939, is hereby § 295F, etc., 
amended by striking out, in line 4, the words ", and the '''™^'^'^^^- 
name of the manufacturer," and in lines 9 and 10, the words 
"the name of the manufacturer and", — so as to read as 
follows : — Section 295F. All above-ground equipment for Certain 
storing or dispensing motor fuel or lubricating oil operated dispensing 
by a retail dealer shall bear in a conspicuous place the brand be^'toand *° 
name or trade-mark of the product stored therein or sold or name of 
dispensed therefrom. If the motor fuel or lubricating oil p'"°'^'^''*- 
stored in or sold or dispensed from above-ground equipment 
by a retail dealer has no brand name or trade-mark, such 
container or dispensing equipment shall have conspicuously 
displayed thereon the words "No Brand". 

Approved March 21, 1955. 

An Act relative to fees for sealing farm milk tanks. Chap. 184: 
Be it enacted, etc., a'' follows: 

Section 56 of chapter 98 of the General Laws, as most re- g. l. (Ter. 
cently amended by section 1 of chapter 34 of the acts of 1949, ^tt! 'amended, 
is hereby further amended by striking out paragraph (j) and 
inserting in place thereof the following paragraph : — 

(j) Farm milk tanks and vehicle tanks used in the sale of feTiing tom 
commodities by liquid measure and having a capacity of one mJik tanks. 
hundred gallons or less, one dollar. For each additional one 
hundred gallons or fraction thereof, an additional fee of fifty 
cents shall be received. When a farm milk tank or a vehicle 
tank is subdivided into two or more compartments, each 
compartment shall, for the purposes of this section, be con- 
sidered as a separate tank. Approved March 21, 1955. 

An Act relative to the annual testing and the seal- Chav.\8b 

ING OF FARM MILK TANKS. 

Be it enacted, etc., as follows: 

Section 42 of chapter 98 of the General Laws, as appear- g l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by in- amemicd. ' 
serting after the word "tank", in line 7, the words: — or 
farm milk tank, — so as to read as follows: — Section 1^2. '^Ix^^^^^^ 
After giving said notice, said sealers shall go to the houses, farm miik 
stores, shops and vehicles of persons not complying there- btld!' '^^^'^" 



112 



Acts, 1955. — Chaps. 186, 187, 188. 



Penalty. 



with, and shall test and adjust, seal or condemn in accord- 
ance with the results of their tests, the weighing or measur- 
ing devices of such persons; provided, that devices for 
determining the measurement of leather bought, sold or 
offered for sale shall be tested at least semi-annually, and 
provided, further, that when a vehicle tank or farm milk 
tank used in the sale of commodities by liquid measure has 
once been sealed, it shall not be necessary to seal it again 
while it remains in the same condition as when first sealed. 
A person who neglects or refuses to exhibit his weighing or 
measuring devices to a sealer or deputy, or who hinders, 
obstructs or in any way interferes with a sealer or deputy 
in the performance of duty, shall be punished by a fine of 
not more than fifty dollars. Approved March 21, 1965. 



Chap. 18Q An Act to authorize medical service corporations to 

CONTRACT WITH GOVERNMENTAL AGENCIES FOR PROVID- 
ING MEDICAL SERVICE. 

Be it enacted, etc., as follows: 

Section 3 of chapter 176B of the General Laws is hereby 
amended by adding at the end the following paragraph : — 

Any medical service corporation may contract with any 
agency of the United States of America, of the commonwealth 
or of any city or town within the commonwealth for the pur- 
pose of providing medical service. 

Approved March SI, 1956. 



G. L. (Ter. 
Ed.), 176B. 
§ 3, amended. 

Certain medi- 
cal service, 
authorized. 



C hap. 1S7 An Act to regulate the investment of funds by water 

COMPANIES. 



G. L. (Ter. 
Ed.), 165, §2, 
amended . 



Investment of 
funds by 
water com- 
panies, regu- 
lated. 



Be it enacted, etc., as follows: 

Section 2 of chapter 165 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by in- 
serting after the word "seventeen", in line 2, the words: — , 
seventeen A, — so as to read as follows: — Section 2. Chap- 
ter one hundred and fifty-eight and sections ten, eleven, 
twelve, thirteen, fourteen, sixteen, seventeen, seventeen A, 
eighteen, nineteen, twenty-one, seventy-eight, seventy-nine, 
eighty, eighty-one, eighty-two, eighty-three, eighty-four, 
ninety-two, ninety-three, ninety-four, ninety-six, ninety- 
eight, ninety-nine, one hundred and one, one hundred and 
twenty and one hundred and twenty-one of chapter one hun- 
dred and sixty-four shall include and apply to all such cor- 
porations and companies. Approved March 21, 1956. 



Chap. 188 An Act to specify advertising procedure in connec- 
tion with utility bond issdes. 

Be it enacted, etc., as follows: 

EdV im's 15 Section 15 of chapter 164 of the General Laws, as amended 
etc.', amended. ' by chapter 393 of the acts of 1950, is hereby further amended 



Acts, 1955. — Chaps. 189, 190. 113 

by striking out the first sentence and inserting in place thereof 
the following sentence: — A gas or electric company, under Advertising in 
the supervision of the department, selling, offering for sale [gg^^eJ^y cer- 
or issuing, under sections thirteen and fourteen, bonds, de- tain utility 
bentures, notes or other evidences of indebtedness, exclusive qurred/'^' 
of stock, payable at periods of more than five years after the 
date thereof, shall invite proposals for the purchase thereof 
by advertisements in two or more daily newspapers, if there 
be such, in the city or town where the company maintains 
its principal business office, as reported in its annual return 
filed under section eighty-three, and in two or more news- 
papers published in Boston. Approved March 21, 1955. 

An Act clarifying the right to arrest for violations QfiQnj jgg 

OF CERTAIN AERONAUTICAL LAWS AND REGULATIONS. 

Be it enacted, etc., as follows: 

Section 40 of chapter 90 of the General Laws is hereby g. l. (Xer. 
amended by striking out the last paragraph, added by chap- all'am^ndtd. 
ter 60 of the acts of 1949, and inserting in place thereof the 
following paragraph: — • 

Persons employed as inspectors under the provisions of sec- Certain 
tion fifty-nine of chapter six shall have and exercise through- thorizTd to" 
out the commonwealth all the powers of constables, except ^'-^^ arrests 

,, . « . ., 1 !• !• rr> -IT for violations 

the service ot civil process, and oi ponce olticers, including of aeronautical 
the power to arrest any person who, in the presence of the ''"''^' *^*°- 
inspector making the arrest, commits a breach of the peace 
which violates any provision of the aviation law as contained 
in this chapter or the rules and regulations established by the 
commission and they may serve all process issued by the 
courts with respect to the enforcement of such laws. Any 
oflEicer authorized to make arrests, providing such ofiicer is 
in uniform or displaying his badge of office conspicuously on 
his outer coat or garment, may arrest without a warrant any 
person who operates an aircraft and who does not have in his 
possession a license to operate an aircraft, granted by federal 
authority ; or who violates any statute or regulation relating 
to the operation or control of aircraft ; or who operates said 
aircraft while under the influence of intoxicating liquor; or 
who refuses to produce a pilot or aircraft license or registra- 
tion upon request ; or who uses an aircraft without authority ; 
or who is a non-resident operator violating any statute or 
regulation relating to the control of aircraft. 

Approved March 21, 1966. 

An Act imposing a penalty for interference with C'/iai).190 

SEALERS OF WEIGHTS AND MEASURES IN THE PERFORM- 
ANCE OF THEIR DUTIES. 

Be it enacted, etc., as follows: 

Section 34 of chapter 98 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by in- fmende^d.^ ^*' 
serting after the word "measure" in line 6 the words: — , 



114 Acts, 1955. — Chap. 191. 

and any person who hinders, obstructs or in any way inter- 
feres with a sealer or deputy in the performance of duty shall 
be punished by a fine of not more than fifty dollars, — so as 
Interference ^o read as f ollows : — Section 3 A. Subject to chapter thirty- 
of weights one, the mayor of each city and the selectmen of each town 
p?ohibHeT^^' of over ten thousand inhabitants shall appoint a sealer, and 
may appoint one or more deputies to act under the direction 
of the sealer. The sealer and deputies shall enforce the law 
pertaining to weighing and measuring devices and to the giv- 
ing of false or insufficient weight or measure, and any person 
who hinders, obstructs or in any way interferes with a sealer 
Penalty. or dcputy in the performance of duty shall be punished by a 

fine of not more than fifty dollars. Sealers and deputies ap- 
pointed hereunder shall receive a salary to be determined by 
the board, officer or body authorized to determine salaries in 
their respective cities and towns, and shall also receive an 
additional allowance for transportation and other necessary 
expenses. They shall account for and pay into their city or 
town treasuries monthly all fees received and shall make an 
annual report to the appointing board or officer, and to the 
director as provided by section thirty-seven. 

Approved March 21, 1955. 

Chap. 1^1 An Act providing that the school committee of the 

TOWN OF BROOKLINE MAY APPOINT THE DIRECTOR OF PUB- 
LIC health as director of school health SERVICES IN 
SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Chapter 345 of the acts of 1945 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following: — Section 1. There shall be in the 
town of Brookline a health department under a director of 
pubUc health who shall be appointed by the selectmen and 
who shall have the powers, perform the duties and be sub- 
ject to the obligations of boards of health in towns. The 
person so appointed shall be a citizen of the United States 
who has received the degree of doctor of medicine from a 
medical school classified by the American Medical Associa- 
tion as a grade A school, shall be qualified to practice medi- 
cine under the laws of the commonwealth, and shall have 
had not less than three years' full time experience in public 
health administration, or not less than one year's full time 
experience in public health administration and a graduate 
degree in public health from a recognized school of public 
health. Said director shall devote his entire time to the per- 
formance of the duties and obligations imposed by this act. 
He shall be appointed in April for the term of three years 
from the first day of May following and until the qualifica- 
tion of his successor. He may be removed by the selectmen 
for cause and the vacancy filled by appointment for the re- 
mainder of the unexpired term in the same manner as in the 
case of an original appointment. His salary or compensation 



Acts, 1955. — Chap. 192. 115 

shall be such as the selectmen may from time to tune vote. 
The school committee may appoint and may revoke the ap- 
pointment of the director of public health as the director of 
school health services. As director of school health services 
he shall, subject to the approval and under the continued su- 
pervision of the school committee, have the powers, perform 
the duties, and be subject to the obligations of school physi- 
cians under section fifty-three of chapter seventy-one of the 
General Laws. The director, subject to the approval of the 
selectmen, may make rules and regulations for the govern- 
ment of the health department and its officers, agents and 
employees. Subject to appropriation, he may also appoint 
and employ such officers, agents, assistants and employees 
and make such contracts as may be necessary to execute the 
health laws, rules and regulations. All officers, agents, as- 
sistants and employees appointed or employed, and all con- 
tracts made, by the director pertaining in any manner to 
school health services shall be subject to the approval and 
continued supervision of the school committee. The posi- 
tions or offices of director of public health and director of 
school health services shall not be subject to the laws, rules 
and regulations pertaining to civil service. 

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

Approved March 22, 1955. 



An Act relative to appropriations by the town of 
harwich for advertising and for public amusements 
or entertainments. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 272 of the acts of 1929, 
as amended by section 1 of chapter 82 of the acts of 1937, 
is hereby further amended by striking out, in fine 3, the 
word "twenty-five" and inserting in place thereof the word: 
— forty-five, — and by inserting after the word "of", the 
first time it appears in line 5, the words : — advertising and 
for, — so as to read as follows; — Section 1. The town of 
Harwich may, by a majority vote at any annual town 
meeting, appropriate a sum not exceeding forty-five hun- 
dred dollars, to be expended under the direction of the select- 
men, for the purpose of advertising and for providing amuse- 
ments or entertainments of a public character. 

Section 2. Any action taken at a town meeting in the 
town of Harwich pursuant to authority granted by this act 
shall be as vaUd 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 March 22, 1955. 



Chap. 1^2 



116 



Acts, 1955. — Chaps. 193, 194, 195, 196. 



C/iap. 193 An Act providing that the board of registration of 

HAIRDRESSERS NEED NOT NOTIFY APPLICANTS FOR REGIS- 
TRATION AS DEMONSTRATORS OF EXAMINATION DATES. 

Be it enacted, etc., as follows: 

Ed.h n2T' Section 87KK of chapter 112 of the General Laws, inserted 

§ ^^^j^^®*"' by chapter 509 of the acts of 1951, is hereby further amended 
''^ " ■ by striking out, in line 2, the word "demonstrator". 

Approved March 22, 1955. 



Chap. 1^4: An Act relating to the duration of liens for better- 
ment ASSESSMENTS. 



G. L. (Ter. 
Ed.), 80, § 12, 
etc., amended. 



Duration of 
certain liens. 



Be it enacted, etc., as follows: 

Section 12 of chapter 80 of the General Laws, as amended, 
is hereby further amended by inserting after the words 
"thirteen A" in hne 34, as appearing in section 4 of chapter 
478 of the acts of 1943, the words: — or under any general or 
special law, — so that the seventh sentence will read as 
follows: — If the time for payment of an assessment is ex- 
tended under section thirteen A or under any general or 
special law, the lien shall, if the statement provided for in 
section thirty-seven A of chapter sixty is filed, continue as 
provided in said section thirty-seven A. 

Approved March 22, 1955. 



Chap. 195 An Act authorizing compensation for overtime service 

BY fire fighters OF CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Chapter 48 of the General Laws is hereby amended by 
inserting after section 58B, inserted by section 1 of chapter 
413 of the acts of 1945, the following section : — Section 5SC. 
If a fire fighter in the service of a city or town shall be re- 
quired to be on duty for any period in excess of his regular 
hours of duty as from time to time established, he may be 
given time off equal to such period of overtime duty or, if 
time off cannot be given by reason of a personnel shortage 
or other cause, he may be paid for such period of overtime 
duty at the hourly rate of his regular compensation for his 
average weekly hours of regular duty. 

Approved March 22, 1955. 



G. L. (Ter. 
Ed.), 48, 
new § 680. 
added. 

Overtime 
compensation 
for fire fighters, 
authorized. 



Chap. 19^ An Act relative to service of process in certain cases 
arising from the operation of trailers within the 
commonwealth. 

Be it enacted, etc., as follows: 

Section 1. Section 3 A of chapter 90 of the General Laws, 
as most recently amended by section 1 of chapter 366 of the 
acts of 1953, is hereby further amended by inserting after 
the word "vehicle", in lines 4, 6 and 15, in each instance, 



G. L. (Ter. 
Ed.), 90, § 3A, 
etc., amended. 



Acts, 1955. — Chap. 197. 117 

the words : — or trailer, — so that the first sentence will 
read as follows : — The acceptance by a person who is a Operation of 
resident of any other state or country of the rights and privi- non-residents, 
leges conferred by section three, as evidenced by the opera- regulated. 
tion, by himself or agent, of a motor vehicle or trailer there- 
under, or the operation by such a person, by himself or his 
agent, of a motor vehicle or trailer on a way, or private way 
if entrance thereto was made from a way, or in any place 
to which the public has a right of access, in this common- 
wealth otherwise than under said section, shall be deemed 
equivalent to an appointment by him of the registrar, or 
his successor in office, to be his true and lawful attorney 
upon whom may be served all lawful processes in any action 
or proceeding against him or his executor or administrator, 
growing out of any accident or collision in which such person 
or his agent may be involved while operating a motor vehicle 
or trailer on such way or in such place, and said acceptance 
or operation shall be a signification of his agreement that 
any such process against him, or his executor or adminis- 
trator, which is so served shall be of the same legal force 
and validity as if served on him personally. 

Section 2. Section 3B of said chapter 90, as amended Ed^'ool'sB 
by section 2 of said chapter 366, is hereby further amended etc!, 'amended.' 
by inserting after the word "vehicle", in fines 3 and 13, in 
each instance, the words : — or trailer, — so that the first 
sentence will read as follows : — The operation by any per- Operation of 
son, by himself or his agent, of any motor vehicle or trailer, perso" regu-^ 
whether registered or unregistered, and with or without a ^^*®'^- 
Ucense to operate, on any way, or private way if entrance 
thereto was made from a way, or in any place to which the 
public has a right of access, in this commonwealth, shall be 
deemed equivalent to an appointment by such person of the 
registrar, or his successor in office, to be his true and lawful 
attorney upon whom may be served all lawful processes in 
any action or proceeding against him, or his executor or 
administrator, growing out of any accident or collision in 
which he or his agent may be involved while operating a 
motor vehicle or trailer on any way, or private way if en- 
trance thereto was made from a way, or in any place to 
which the public has a right of access, in this commonwealth, 
and such operation shall be a signification of an agreement 
by such person that any such process against him, or his 
executor or administrator, which is served upon the regis- 
trar or his successor in office shall be of the same force and 
validity as if served upon him personally. 

Approved March 22, 1966. 

An Act relative to participation loans by trust Chaj).197 

COMPANIES. 

Be it enacted, etc., as follows: 

Section 34 of chapter 172 of the General Laws, as most re- g. l. (Ter. 
cently amended by section 1 of chapter 23 of the acts of 1951, f 34'eto^' 

amended. 



118 



Acts, 1955. — Chaps. 198, 199. 



Certain par- 
ticipation 
loans by trust 
companies, 
regulated. 



is hereby further amended by adding at the end the following 
two paragraphs : — 

Notwithstanding the foregoing provisions of this section, 
such corporation may participate with other banks in loans 
on first mortgages of real estate, whether or not such corpora- 
tion is the originating bank. Such participation, however, 
shall apply only to original participations. 

In any participation in loans on first mortgages with other 
banks, such corporation shall enter into a written agreement 
with the other participating corporation or corporations; 
such written agreement shall include provisions for the cus- 
tody of the note and mortgage, and for the servicing and fore- 
closure thereof; a true copy of said written agreement shall 
be filed with the records of such corporation. In such par- 
ticipations, two members of the executive committee of such 
corporation shall certify in writing the value of the property 
which is the subject matter of the loan, and said certification 
shall also be filed with the records of such corporation. 

Approved March 22, 1955. 



Chap 198 An Act relative to the revocation of the driver's 

LICENSE OF PERSONS CONVICTED OF CERTAIN OFFENSES. 



G. L. (Ter. 
Ed.), 90, § 24, 
etc., amended. 



G. L. (Ter. 
Ed.), 90 § 24, 
etc., further 
amended. 



Revocation of 

driver's 

license. 

G. L. (Ter. 
Ed.), 90. § 24, 
etc., further 
amended. 



Be it enacted, etc., asfolloios: 

Section 1. Paragraph (1) (c) of section 24 of chapter 90 
of the General Laws, as appearing in chapter 82 of the acts 
of 1939, is hereby amended by striking out in line 8 the word 
"final". 

Section 2. Paragraph (1) (d) of said section 24 of said 
chapter 90 is hereby amended by striking out the last sen- 
tence, as appearing in section 1 of chapter 434 of the acts of 
1936, and inserting in place thereof the following sentence: — 
Where there has been more than one conviction in the same 
prosecution, the date of the first conviction shall be deemed 
to be the date of conviction under paragraph (c) hereof. 

Section 3. Paragraph (2) (c) of said section 24 of said 
chapter 90 is hereby amended by adding at the end of the 
first sentence, as appearing in chapter 117 of the acts of 1937, 
the following words : — within a period of three years. 

Approved March 22, 1955. 



Chap. 199 An Act exempting the town of gosnold from making 
contributions to the pocasset sanatorium in the 

COUNTY of BARNSTABLE. 

Be it enacted, etc., as follows: 

Section 1. The town of Gosnold is hereby exempted from 
making contributions to the Pocasset Sanatorium in the 
county of Barnstable. 

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

Approved March 24, 1955. 



Acts, 1955. — Chaps. 200, 201. 119 

An Act extending the time within which the town of QJku) 200 
wilmington may borrow money for constructing an 
athletic field. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 126 of the acts of 1950 
is hereby amended by striking out, in hne 3, the word "five" 
and inserting in place thereof the word : — ten, — so as to 
read as follows : — Section 1 . For the purpose of construct- 
ing an athletic field on land now owned by the town, the 
town of Wilmington may borrow, from time to time, within 
a period of ten years from the passage of this act, such sums 
as may be necessary, not exceeding in the aggregate seventy- 
five thousand dollars, and may issue bonds or notes of the town 
therefor which shall bear on their face the words, Wilming- 
ton Athletic Field Loan, Act of 1950. Each authorized issue 
shall constitute a separate loan and such loans shall be paid 
in not more than twenty years from their dates. Indebted- 
ness incurred under this act shall be in excess of the statutory 
limit and shall, except as herein provided, be subject to chap- 
ter forty-four of the General Laws, inclusive of the limita- 
tion contained in the first paragraph of section seven thereof. 

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

Approved March 24, 1955. 



An Act authorizing the city of taunton to borrow 

MONEY for electric PURPOSES. 

Be it enacted, etc., as follows: 

Section 1 . For the purposes of providing funds for extend- 
ing or enlarging its electric plant the city of Taunton may 
borrow from time to time, within a period of five years from 
the passage of this act, such sums as may be necessary, not 
exceeding in the aggregate four million dollars, and may is- 
sue bonds or notes of the city therefor which shall bear on 
their face the words, Taunton Electric Loan, Act of 1955. 
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 limits prescribed by clause eight of 
section eight and by section ten of chapter forty-four of the 
General Laws, but shall, except as provided herein, be sub- 
ject to the applicable provisions of said chapter forty-four, 
exclusive of the limitations contained in the first paragraph 
of section seven thereof. 

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

Approved March 2 4, 1955. 



Chap,201 



120 



Acts, 1955. — Chaps. 202, 203. 



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



Use of certain 
funds to 
reduce city 
tax rates, 
authorized. 



Chap. 202 An Act to permit cities to use certain available 

FUNDS TO REDUCE TAX RATES THEREIN. 

Be it enacted, etc., asfolloios: 

Section 1. Section 23 of chapter 59 of the General Laws, 
as amended, is hereby further amended by inserting after the 
first paragraph the following two paragraphs : — 

In cities in determining the amount of available funds 
which the assessors may be required to deduct under the 
provisions of clauses {b) and (c) of this section such funds 
shall constitute the amounts certified by the director of ac- 
counts as available on January first of the then current year, 
in accordance with the provisions of this section, together 
with the total of the proceeds from the sale of tax title pos- 
sessions and the receipts from tax title redemptions, in addi- 
tion 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 deter- 
mined, but in no event later than March thirty-first of the 
said current year. 

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 re- 
ceipts from tax title redemptions, in addition to the total 
real, personal or poll taxes of prior years collected from 
January first of the current year up to and including March 
thirty-first of the same year. 

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

Approved March 24, 1955. 



Certification 
of total 
collections, 
required. 



C/iap. 203 An Act exempting the American national red cross, 

THE AMVETS AND THE MILITARY ORDER OF THE PURPLE 
HEART FROM FILING CERTAIN INFORMATION WITH THE 
DIVISION OF PUBLIC CHARITIES. 

Be it enacted, etc., as follows: 
G. L. (Ter. Section 8E of chapter 12 of the General Laws, inserted 

S:l 'amended.' by scction 1 of chapter 529 of the acts of 1954, is hereby 
amended by inserting after the word "except", in line 3, 
the words: — The American National Red Cross, — and 
by inserting after the word "War", in line 5, the words: 
— , American Veterans of World War II, AMVETS, Mili- 
tary Order of the Purple Heart, — so as to read as follows: — 
Certain or- Scction 8E. A charitable corporation established, organized 
exempt from or chartered under laws other than those of the common- 
pubiic'char°ty Wealth, exccpt The American National Red Cross, the 
'^^- Grand Army of the Repubhc, the United Spanish War 

Veterans, The American Legion, the Disabled American 
Veterans of the World War, American Veterans of World 
War II, AMVETS, Military Order of the Purple Heart, and 
the Veterans of Foreign Wars of the United States, shall, 
before engaging in charitable work or raising funds in the 



Acts, 1955. — Chaps. 204, 205. 121 

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 cor- 
poration who transacts, business in behalf of such corpora- 
tion in 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. 

Approved March 24, 1955. 

An Act relative to the unlawful wearing of official QhaV-'^O^ 

UNIFORMS OF THE ARMED FORCES OF THE UNITED STATES 
AND THE MILITARY FORCES OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Chapter 33 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 99, as appearing in section 1 of chapter ^tt! 'amended. 
590 of the acts of 1954, and inserting in place thereof the fol- 
lowing section : — Section 99. Whoever, not being in the Penalty for 
service of the armed forces of the United States or of the of^'miiirary""^ 
commonwealth, appears in public wearing the distinctive uniform. 
uniform of any branch of such service shall be punished by a 
fine of not more than three hundred dollars or by imprison- 
ment for not more than six months, or both, but this section 
shall not apply to any person discharged from such service, 
for any cause other than his own unworthiness, wearing his 
uniform in order to take part in any military or naval parade 
or on any occasion of ceremony, or to any person in the 
service of the armed forces of the United States, discharged 
for any cause other than his own unworthiness, wearing the 
uniform from place of discharge to his home. Any person 
found violating any provision of this section may be arrested 
without a warrant by any officer qualified to serve criminal 
process; provided, that nothing in this section shall subject 
to penalty any action with respect to the wearing of uniforms 
of the armed forces of the United States which is authorized 
by federal law. Approved March 24, 1955. 

An Act relative to the issuance of a duplicate li- Chap.205 

CENSE TO operate MOTOR VEHICLES IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 23A of chapter 708 of the acts of 1941, inserted by 
section 51 of chapter 627 of the acts of 1954, is hereby 



122 Acts, 1955. — Chap. 206. 

amended by striking out the third paragraph and inserting 
in place thereof the following paragraph : — 

If the hcense of such person is lost or mutilated, a duph- 
cate thereof shall be furnished by the registrar of motor 
vehicles without fee and upon presentation of the evidence 
aforesaid. Approved March 2/^, 1955. 

Chap. 2^^ An Act to place under the jurisdiction of the depart- 
ment OF PUBLIC WORKS OF THE CITY OF GLOUCESTER THE 
CONTROL AND MANAGEMENT OF THE WATER DEPARTMENT 
OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The management and control of the water 
department of the city of Gloucester is hereby placed under 
the jurisdiction of the department of pubUc works of said 
city, said department to be managed by a director who shall 
be appointed by and act under the supervision of the city 
manager of said city. 

Section 2. The board of water commissioners estab- 
lished under the provisions of chapter four hundred and 
fifty-one of the acts of eighteen hundred and ninety-five is 
hereby abohshed and the powers and duties of the said com- 
missioners shall hereafter be vested in and performed by the 
said director of public works of said city. 

Section 3. All persons now employed in the water de- 
partment of said city are hereby transferred to its depart- 
ment of public works subject to the approval of the director 
of civil service in cases where the employment is subject to 
the rules of the civil service commission, and such transfer 
shall be made without loss of pay and without change of 
rating, seniority, retirement or pension rights or any other 
rights or privileges to which said employees may be subject. 

Section 4. The income of the water department shall 
be appropriated to defray all operating expenses, interest 
charges and payments on the principal as they accrue upon 
any bonds or notes issued for the purpose of municipal 
water supply. If in any year there should be a net surplus 
remaining after providing for the aforesaid charges for that 
year, such surplus shall be paid into the water reserve 
account. 

Section 5. No contracts or Uabilities in force in said 
water department of the city of Gloucester on the effective 
date of this act shall be affected, and the said director of the 
department of pubHc works shall be the lawful successor of 
said board of water commissioners. 

Section 6. This act shall be submitted for acceptance 
to the registered voters of the city of Gloucester at its regular 
city election in the current year in the form of the following 
question which shall be placed upon the official ballot to be 
used at said election: — "Shall an act passed by the general 
court in the year nineteen hundred and fifty-five entitled 
'An Act to place under the jurisdiction of the department of 



Acts, 1955. — Chaps. 207, 208, 209. 123 

public works of the city of Gloucester the control and 
management of the water department of said city', be 
accepted?" If a majority of the votes in answer to said 
question is in the affirmative, then this act shall thereupon 
take full effect, but not otherwise. 

Approved March 24, 1955. 

An Act relative to premium payments on blanket (Jfidj) 207 

ACCIDENT and HEALTH INSURANCE POLICIES EXTENDED 
TO INCLUDE DEPENDENTS. 

Be it enacted, etc., as follows: 

Subdivision (D) of section 110 of chapter 175 of the g. l. (Ter. 
General Laws, as most recently amended by section 2 of f I'lo/Ju;'., 
chapter 532 of the acts of 1952, is hereby further amended amended. ' 
by adding after the word "expenses", in lines 4 and 5, the 
words : — , and the employees may contribute part or all of Payments on 

,1 . • - , . '■ ^ '' ' certain insur- 

the premium for such insurance. ance policies. 

Approved March 24, 1955. 



Chap.20S 



An Act relative to the investments of domestic in- 
surance COMPANIES in loans UPON MORTGAGES. 

Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 65, as most recently amended by chap- fgs'euf' 
ter 176 of the acts of 1954, and inserting in place thereof the amended.' 
following section : — Section 65. No domestic company Loans upon 
shall, except in effecting the sale of real estate owned by it, ™rtafn^*^^ ^^ 
and then only with the approval of the commissioner, invest insurance 
any of its funds in loans upon mortgages except upon the con- reguiatTI^' 
ditions 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 provisions of 
the National Housing Act of the United States or "National 
Housing Act, Nineteen Hundred and Fifty-four" of Canada 
or of any acts in amendment 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 Serv- 
icemen's Readjustment Act of 1944 or any amendment 
thereof, shall qualify as an investment for all purposes of 
section sixty-three. Approved March 24, 1955. 

An Act providing that applicants for a sporting, Qhav 209 

HUNTING, FISHING, OR TRAPPING LICENSE NEED NOT ^' 

PERSONALLY APPEAR. 

Be it enacted, etc., as follows: 

Section 6 of chapter 131 of the General Laws is hereby g. l. (Ter. 
amended b}^ striking out the fourth sentence as appearing ^tc'^ 'amended, 
in section 1 of chapter 302 of the acts of 1948. 

Approved March 24, 1955. 



124 Acts, 1955. — Chaps. 210, 211. 

Chap.210 An Act authorizing the city of fitchburg to use the 

RECEIPTS FROM CERTAIN PARKING METERS TO PAY THE 
PRINCIPAL AND INTEREST OF CERTAIN BONDS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 608 of the acts of 1954 is hereby 
amended by inserting after section 3 the following section: 
— Section SA. Fees or receipts from parking meters in- 
stalled and maintained by said city under authority of sec- 
tions twenty-two A, twenty-two B or section twenty-two C 
of chapter forty of the General Laws may be used by it to 
pay the principal and interest, or principal or interest, of 
bonds issued by it under authority of section three of this act. 

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

Approved March S4, 1955. 

Chap. 211 An Act authorizing the city of newton to use for 
school purposes certain land held by it. 

Be it enacted, etc., as folloius: 

Section 1. The city of Newton, acting by its mayor and 
board of aldermen, may use for school or schoolyard purposes, 
and free and clear from any obligation to use or maintain the 
same, as a public playground or recreation field or for any 
other public purposes, that portion of the land owned by said 
city and known as the Newton Centre playground, on Pleas- 
ant street and Tyler terrace in ward six in said city, as lies 
within the following bounds, to wit : — Beginning at a point 
in the northerly line of Tyler terrace distant ninety-six and 
ten one-hundredths feet westerly from the easterly tangent 
point of a curve of one thousand one hundred forty-four and 
fifty one-hundredths feet radius in said northerly line of Tyler 
terrace; thence by a curve to the left in a southwesterly direc- 
tion of one thousand one hundred forty-four and fifty one- 
hundredths feet radius, ninety feet; thence by a curve to the 
right in a southwesterly, westerly and northwesterly direction 
of thirty-six and seventeen one-hundredths feet radius, nine- 
teen and fifty-one one-hundredths feet ; thence northwesterly 
one hundred two and one one-hundredths feet, the last three 
described lines being by Tyler terrace; thence by a curve to 
the right in a northwesterly direction of thirty-one and 
seventy-one one-hundredths feet radius, twenty-five and 
fifty-three one-hundredths feet by the junction of said Tyler 
terrace and Pleasant street; thence northwesterly forty- two 
and eighty-five one-hundredths feet by Pleasant street; 
thence northeasterly four hundred six and sixty one-hun- 
dredths feet by land conveyed by the commonwealth of Mas- 
sachusetts to the city of Newton by deed recorded in Middle- 
sex south registry of deeds in book eight thousand two 
hundred ninety-eight, page four hundred seventy-four; 



Acts, 1955. — Chaps. 212, 213. 125 

thence southeasterly two hundred fifty feet; thence south- 
westerly four hundred twelve feet to the point of beginning; 
the last described line being parallel to and distant two hun- 
dred fifty feet southeasterly from the sixth described line; 
provided, however, that said city is not hereby authorized 
to interfere in any way with existing easements of the com- 
monwealth of Massachusetts or its metropolitan district com- 
mission in said premises. 

Section 2. This act shall take full effect upon its accept- 
ance by the recreation commission and the board of aldermen 
of said city subject to the provisions of its charter during the 
current year. Approved March 24, 1955. 

An Act relative to providing adequate accommoda- (JJidj) 212 

TIONS FOR THE DISTRICT COURT OF NORTHERN BERKSHIRE ' 

IN THE CITY OF NORTH ADAMS. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of providing adequate ac- 
commodations and facilities in and for the district court of 
Northern Berkshire in the city of North Adams, the county 
commissioners of Berkshire county are hereby authorized 
and directed to cause options to be executed, land pur- 
chased, preliminary plans and specifications to be drawn and 
all necessary preliminary work for the building and con- 
structing of a building in the city of North Adams to ac- 
commodate said district court. 

Section 2. For the purposes of this act, the county 
commissioners of Berkshire county may expend such sums, 
not exceeding four thousand dollars, as may be appropriated 
therefor in the current year. 

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

Approved March 28, 1955. 

An Act relative to the Massachusetts turnpike au- C/ia».213 

THORITY. 

Whereas, The deferred operation of this act would un- Emergency 
necessarily delay the construction and completion of the preamble. 
much-needed express highway referred to in chapter three 
hundred and fifty-four of the acts of nineteen hundred and 
fifty-two and thereby postpone unreasonably the elimination 
of many of the present handicaps and hazards on the con- 
gested highways in the commonwealth, therefore this act 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: 

Subparagraph (e) of section 5 of chapter 354 of the acts 
of 1952 is hereby amended by inserting after the word 
"determine" in fine 3 the following: — , and the provisions 
of chapter ninety-one of the General Laws shall not apply to 
the construction by the Authority of structures in, on or over 



126 Acts, 1955. — Chaps. 214, 215. 

rivers, streams and waterways; provided, that for drainage 
areas greater than one thousand acres the said structures 
shall be designed to pass a rare flood as computed by the 
Kinnison-Colby formula, and for drainage areas of one 
thousand acres or less, the said structures shall be designed 
to meet the requirements of the "Massachusetts Turnpike 
Drainage Standards" dated June fourth, nineteen hundred 
and fifty-four. Approved March S8, 1955. 

Chap. 214: An Act relating to the granting of hawkers and 

PEDDLERS LICENSES TO CERTAIN DISABLED VETERANS. 

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

defeat its purpose, which is to provide forthwith for certain 
rights and privileges for veterans, 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: 
G. L. (Ter. Sectiou 24 of chapter 101 of the General Laws, as most 

^tc.!'amiAded*' recently amended by section 22 of chapter 627 of the acts 
of 1954, is hereby further amended by striking out, in hnes 6 
and 7, the words "is disabled as defined in clauses (1) and 
(2) of section twenty-three A of chapter thirty-two" and in- 
Granting of serting in place thereof the words : — has a service-connected 
to'disabieT'^^ disabiUty as recognized by the United States government. 
veterans. Approved March 28, 1955. 

Chap. 215 An Act relative to the location and validation of 

CERTAIN LINES, POLES, AND OTHER EQUIPMENT OF THE 
LYNN GAS AND ELECTRIC COMPANY, THE NEW ENGLAND 
TELEPHONE AND TELEGRAPH COMPANY, THE AMERICAN 
TELEPHONE AND TELEGRAPH COMPANY AND THE WESTERN 
UNION TELEGRAPH COMPANY IN THE CITY OF LYNN AND 
TOWNS OF NAHANT, SAUGUS AND SWAMPSCOTT. 

Be it enacted, etc., as follows: 

Section 1. All hnes for the transmission of electricity for 
Hght, heat or power heretofore erected or acquired by Lynn 
Gas and Electric Company, and all such hnes heretofore 
erected or acquired by New England Telephone and Tele- 
graph Company, American Telephone and Telegraph Com- 
pany or by the Western Union Telegraph Company, for the 
transmission of intelligence by electricity or by telephone, 
upon, along, under, across and over the pubHc ways and 
places of the city of Lynn, and of the towns of Nahant, 
Saugus and Swampscott, and the poles, piers, abutments, 
conduits, manholes, vaults and other fixtures and structures 
necessary to sustain, protect or operate the wires and cables 
of said hnes 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 informahty in the proceedings 
relative to their location and erection; provided, that the 



Acts, 1955. — Chaps. 216, 217, 218. 127 

validation aforesaid shall not be effective as to the lines, 
structures or fixtures aforesaid of any one of said companies 
in said city or in any of said towns unless the company or 
companies owning the same shall have filed with the clerk of 
said cit}'' or of such town not later than December thirty- 
first, nineteen hundred and fifty-six, a map or maps showing 
the location and nature of such lines, structures and fixtures 
in said city or in such town, such map or maps so filed to be 
recorded and kept with the records of original locations for 
poles and wires in said city or in such town. 
Section 2. This act shall take effect upon its passage. 

Approved March 28, 1955. 

An Act relative to the time of making the annual Chap. 216 

REPORT OF THE BOSTON ARENA AUTHORITY. 

Be it enacted, etc., as follows: 

Section 7 of chapter 669 of the acts of 1953 is hereby 
amended by striking out, in line 1, the word "January" 
and inserting in place thereof the word: — June, — and by 
striking out, in fine 3, the word "calendar". 

Approved March 28, 1955. 

An Act relative to the disposition of bonds given in Chap. 217 

CONNECTION WITH CLOSING OUT AND OTHER LIKE SALES. 

Be it enacted, etc., as follows: 

Section 28A of chapter 93 of the General Laws, as most g. l. (Ter. 
recently amended by section 1 of chapter 164 of the acts of al! 'amended^' 
1953, is hereby further amended by striking out the fourth 
sentence, and by inserting after the sixth sentence the fol- 
lowing sentence : — Every bond given in connection with any Disposition of 
such sale as aforesaid shall be held by the clerk of the city ibTciosmg^ott 
or town until the expiration of three years from the final ^''''Jj. f,' 
date of such sale, and shall then, upon request, be surrendered ^"^^ 
to the principal, otherwise to one of the sureties; provided, 
however, that if at the expiration of said three years such 
clerk has reason to believe that there is an action pending 
which relates to such bond, he shall retain such bond until 
final disposition of such action. Approved March 28, 1955. 

An Act authorizing the establishment of boards of Chap. 21^ 

ELECTION commissioners AND DEFINING THEIR POWERS 
AND DUTIES. 

Be it enacted, etc., as follows: 

Chapter 51 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 16, as appearing in the Tercentenary flbA^addel 
Edition, the following section: — Section 16 A. In every Establishment 
city and every town which accepts this section in the manner °iect°ioL'^com- 
hereinafter provided, there shall be a board of election missioners, 
commissioners, hereinafter called the board, which, except ■'"*''°'"'^^'^- 



128 



Acts, 1955. — Chap. 218. 



Membership 
of board. 



Qualifications, 
salary, va- 
cancies, etc. 



Powers and 
duties, etc. 



as otherwise provided, shall have all the powers, rights, 
duties and habihties of boards of registrars of voters, and, 
with respect to elections, of city and town clerks, either 
under general or special law, and which shall be the lawful 
successor of said registrars, and, with respect to elections, 
said clerk. Immediately upon such acceptance, the said 
registrars of voters and, in so far as they relate to, or are re- 
quired for use in, the conduct of elections, the said clerk shall 
dehver to the board all books, papers, records and all other 
property in their possession. The board shall consist of four 
persons, of whom two shall always represent each one of the 
two leading political parties, as defined in section one of 
chapter fifty. They shall receive such compensation as the 
city manager, or mayor, and city council, or the town, 
may determine. The members of the board of registrars 
of voters in office at the time of such acceptance shall be 
members of said board of election commissioners, and shall 
serve until the expiration of their respective terms and until 
their successors are appointed and qualified; provided, that, 
if the city or town clerk is then a member of said board of 
registrars, the mayor, subject to approval by the board of 
aldermen, the city manager, or the selectmen shall appoint 
one member of said board of election commissioners for a 
term of four years beginning April first next following. As 
the terms of the several election commissioners expire, and 
in case a vacancy occurs in said board, the mayor, subject 
to approval by the board of aldermen, the city manager 
or the selectmen, shall so appoint their successors that the 
members of the board shall equally represent the two leading 
pohtical parties as defined as aforesaid. Such appointments 
shall be for terms of four years beginning April first, except 
that any appointment to fill a vacancy shall be for the un- 
expired term. The board shall organize annually in the 
month of April by the choice of a chairman and a secretary. 
In case the members are unable to agree upon a chairman 
and a secretary, such officers shall be designated by the 
mayor, the city manager or the selectmen, as the case may 
be. The secretary shall keep a full and accurate record of 
the proceedings of the board and shall perform such other 
duties as the board may require. All the powers, rights, 
privileges, Uabilities and duties relating to caucuses, prima- 
ries and elections by law vested in and imposed upon mayors, 
city managers, boards of aldermen, selectmen, city or town 
clerks and board of registrars of voters, except the power and 
duty of giving notice of elections and fixing the days and 
hours of holding the same, shall be vested in and performed 
by the board of election commissioners. The board may 
appoint such assistant commissioners and such assistants as 
it deems necessary, who shall at all times equally represent 
the two leading political parties as defined as aforesaid. Said 
assistant commissioners shall have such powers and perform 
such duties as are prescribed by this chapter for assistant 
registrars of voters, and shall perform such other duties as 



Acts, 1955. — Chaps. 219, 220. 129 

the board may require. Except in Boston, persons ap- 
pointed to serve temporarily as assistant commissioners, or 
as temporary assistant commissioners, shall not be subject 
to chapter thirty-one. This section shall become effective Section, how 
in a city having a Plan E charter by the affirmative vote of "^'"^^ ^f^^^twe. 
a majority of all the members of the city council, and, in 
the case of other cities, by vote of the city council, subject 
to the provisions of the charter, and in a town by a majority 
vote at an annual town meeting. 

Approved March 28, 1955. 

An Act authorizing the department of public safety Chav.2\^ 

TO TRANSFER CERTAIN LAND TO THE TOWN OF CONCORD 
FOR PLAYGROUND AND PARK PURPOSES. 

Be it enacted, etc., as follows: 

The department of public safety is hereby authorized to 
transfer to the town of Concord the control and use for 
playground and park purposes of a certain parcel of land on 
Barrett's Mill road in Concord, said parcel being bounded 
and described as follows: — Northerly by Barrett's Mill road 
one hundred feet; northwesterly by land of the department 
of public works three hundred and seventy-five feet; south- 
westerly by land of the department of pubhc safety one 
hundred and twenty-five feet; southeasterly by other land 
of the department of pubhc safety one hundred and twenty- 
five feet; southwesterly again by land of the department of 
public safety one hundred and ten feet; northwesterly again 
by land of the department of public safety one hundred and 
twenty-five feet ; southwesterly again by land of the depart- 
ment of public safety fifty feet; southerly by a curved line 
one hundred and forty feet, more or less, by land of owTiers 
unknown; southeasterly again by land of owners unknown 
seventy-five feet ; southwesterly again by land of owners un- 
known eighty feet, more or less; and easterly by land of 
owners unknown three hundred and seventy-five feet, more 
or less. 

Said land is situated between Elm street and Barrett's 
Mill road and is in the rear of the present state police bar- 
racks at Concord. 

Should said land ever cease to be used for playground or 
park purposes, the control and use of said land shall revert 
to the department of public safety. 

Approved March 28, 1955. 

An Act providing for the treatment of muscular Chap. 220 

DYSTROPHY AT LAKEVILLE STATE SANATORIUM. 

Be it enacted, etc., as follows: 

Chapter 111 of the General Laws is hereby amended by o. l. (Ter. 
striking out section 65A, as most recently amended by f esA^tc., 
section 2 of chapter 538 of the acts of 1954, and inserting in amended. " 



130 



Acts, 1955. —Chaps. 221. 222. 



Admission of place thereof the following section: — Section 65 A. The 
fngTrom^^^^"^ department may admit to the Lakeville state sanatorium 
muscuia^ to persons suffering from extra-pulmonary tuberculosis, per- 
Lakeviiie state SOUS Crippled by poHomyehtis (infantile paralysis), arthritis 
authorized!' 0^ muscular dystrophy and other similar diseases, 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 ad- 
mission, and that preference be given to citizens of the 
commonwealth. Approved March 28, 1955. 



Chap. 221 An Act requiring that a request for withdrawal 

FROM nomination BY A CANDIDATE FOR OFFICE BE AC- 
KNOWLEDGED BEFORE A NOTARY PUBLIC. 

Be it enacted, etc., as follows: 

Chapter 53 of the General Laws is hereby amended by 
striking out section 13, as most recently amended by section 4 
of chapter 77 of the acts of 1937, and inserting in place thereof 
the following section: — Section 13. A person nominated as 
a candidate for any state, city or town office may withdraw 
his name from nomination by a request signed and duly 
acknowledged by him before a notary public, and filed with 
the officer with whom the nomination was filed, within the 
time prescribed by section eleven for filing objections to 
certificates of nomination and nomination papers and no 
such requests for withdrawals shall be received after such 
time has expired. This section shall be in force in any city 
or town which accepts section one hundred and three A of 
chapter fifty-four, any special provision of law to the con- 
trary notwithstanding. Approved March 28, 1955. 



G. L. (Ter. 
Ed.), 53, § 13, 
etc., amended. 



Withdrawal 
from nomina- 
tion to be 
acknowledged 
before notary 
public. 



Cha'p. 222 An Act regulating the filling of a vacancy in the 

OFFICE OF MAYOR IN CITIES HAVING A PLAN B FORM OF 
city CHARTER. 

Be it enacted, etc., as follows: 

Section 59A of chapter 43 of the General Laws, inserted 
by section 3 of chapter 224 of the acts of 1937, is hereby 
amended by inserting before the first paragraph the following 
two paragraphs : — If a vacancy occurs in the office of 
mayor by death, removal or resignation at any time diu-ing 
the first year of the term ending December thirtj^'-first, the 
city clerk shall forthwith order an election to fill such va- 
cancy for the remainder of the unexpired term. 

If a vacancy occurs during the second year of the term 
beginning January first, a meeting of the city council shall 
be called by the city clerk and the city council shall elect by 
majority vote one of its members as mayor for the re- 
mainder of the unexpired term. If the city council fails so 
to elect at said meeting or within thirty days thereafter, the 



G. L. (Ter. 
Ed.), 43, 
§ 59A, etc., 
amended. 

Vacancy in 
office of mayor 
in certain 
cities, how 
fiUed. 



Acts, 1955. — Chaps. 223, 224, 225. 131 

president of the city council shall become acting mayor, 
shall exercise all the rights and powers of mayor and shall be 
sworn to the faithful discharge of his duties. 

Approved March 28, 1955. 

An Act granting compensatory time off to certain Chap. 223 

POLICE officers IN ATTENDANCE IN CERTAIN CRIMINAL 
CASES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 262 of the General Laws is hereby g l. (Xer. 
amended by inserting after section 53B the following section : now Vss'c, 
— Section 53C. Any police officer, on duty at night or on ^''j'.'''^- • 
vacation, furlough or on a day off, who attends as a witness to^brgninte" 
for the commonwealth in a criminal case pending in a district time'off^or°pay 
court, including the municipal court of the city of Boston, or for court 

. .1 1 l^ • ± 1. i J attendance. 

any juvenile court, or the superior court, may be granted 
such compensatory time off as shall be equal to the time dur- 
ing which he was in attendance at such court, or, if such 
additional time off cannot be given because of personnel 
shortage or other cause, he shall be entitled to additional pay 
for the time during which he was in attendance at such 
court. 

Section 2. This act shall take full effect in a city having Act, how made 
a Plan E form of city charter by the affirmative vote of a '^ ^'^ '^^" 
majority of the members of the city council, in other cities 
by vote of the city council, subject to the provisions of its 
charter, and in a town by vote of the voters voting thereon 
at a town meeting, but not otherwise. 

Approved March 28, 1955. 

An Act relative to carpet club associates inc. Chap.224: 
Be it enacted, etc., as follow s: 

Section 1. Chapter 300 of the acts of 1954 is hereby 
amended by striking out, in lines 5 to 13, inclusive, the 
words "; provided, however, that if said corporation 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 provisions of section 
seventeen of said chapter which allow the granting of addi- 
tional 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". 

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

Approved March 28, 1955. 



An Act relative to rent control. 



Chap.225 



Whereas, The deferred operation of this act would tend Emergency 

,,». I'l- • ^ e • 1- preamble. 

to del eat its purpose which is to provide tor an immediate 
extension of rent controls for a period of one month in those 



132 Acts, 1955. —Chap. 226. 

cities and towns of the commonwealth in which such con- 
trols are now in effect and about to expire under existing law 
and to enable any of such cities and towns in which a sub- 
stantial shortage of rental housing accommodations exists to 
continue such controls for a further period by local action, 
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. Notwithstanding any contrary provision of 
chapter four hundred and thirty-four of the acts of nineteen 
hundred and fifty-three, as amended by chapter four hun- 
dred and ninety-sLx of the acts of nineteen hundred and 
fifty-four, in every city and town in which the provisions of 
said chapter four hundred and thirty-four, as so amended, 
continue in effect until nine months from June thirtieth, 
nineteen hundred and fifty-four, the provisions of said chap- 
ter four hundred and thirty-four, as so amended, are hereby, 
without further action by the city or town, further continued 
in effect until April thirtieth in the current year; but, except 
as otherwise provided in section two of this act, said chapter 
four hundred and thirty-four, as so amended, and all powers 
delegated therein shall terminate on said April thirtieth. 

Section 2, Any city or town in which by section one of 
this act the provisions of said chapter four hundred and 
thirty-four, as so amended, are continued in effect until 
April thirtieth in the current year may, by accepting this 
act between the date of the passage of this act and said 
April thirtieth, by vote, if a city, of the city council subject 
to the provisions of the city charter, or if a town, of a town 
meeting called for the purpose, continue the provisions of 
said chapter four hundred and thirty-four, as so amended, 
until such date, not later than December thirty-first, nine- 
teen hundred and fifty-five, as shall be specified in such vote; 
but said chapter four hundred and thirty-four, as so 
amended, and all powers delegated therein shall terminate 
on said December thirty-first in every city and town so 
accepting this act. Any such city or town may by like vote 
at any time prior to said December thirty-first rescind such 
acceptance. No vote accepting this act shall be vahd unless 
it includes a declaration that a substantial shortage of rental 
housing accommodations exists in such city or town and that 
the control of rents therein is necessary in the pubUc interest. 

Approved March SO, 1955. 

Chap.226 An Act relative to further stay of judgment and 

EXECUTION IN ACTIONS OF SUMMARY PROCESS. 

Emergency Whercas, The deferred operation of this act would tend 

praam e. ^^ defeat its purpose, which is, in part, to continue in opera- 
tion certain provisions of law relative to the stay of judgment 
and execution in actions of summary process, therefore it is 



Acts, 1955 — Chap. 227. 133 

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 43 of the acts of 194G is hereby 
amended by striking out section 1, as most recently amended 
by section 1 of chapter 264 of the acts of 1954, and inserting 
in place thereof the following section: — Section 1. So long 
as this act continues in force, a stay or successive stays of 
judgment and execution may be granted under sections nine 
to thirteen, inclusive, of chapter two hundred and thirty- 
nine of the General Laws, for a period not exceeding nine 
months or for periods not exceeding nine months in the 
aggregate in cases where the premises are located in a city 
or town where rent control is in effect, and for a period not 
exceeding four months or for periods not exceeding four 
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 emplojonent by such farmer and which 
emplojanent has been legally terminated, shall not be granted 
for a longer period than two months, in the aggregate. 

Section 2. Said chapter 43 is hereby amended by strik- 
ing out section 2, as most recently amended by section 2 of 
chapter 264 of the acts of 1954, and inserting in place thereof 
the following section : — Section 2. This act shall become 
inoperative on June thirtieth, nineteen hundred and fifty-six. 

Approved March SO, 1955. 



An Act to stabilize the tax rate in the city of malden. Chap.227 

Be it enacted, etc., as follows: 

Section 1. The assessors of the city of Maiden shall, the 
provisions of law to the contrary notwithstanding, for the 
purpose of defraying deficits aggregating three hundred and 
one thousand, one hundred and twenty-nine dollars and 
sixty-six cents, consisting of an overlay deficit for the year 
nineteen hundred and fifty-one of sixty-four thousand, five 
hundred dollars; an overlay deficit for the year nineteen 
hundred and fifty-two of seventy-three thousand, sixty-seven 
dollars and thirty-three cents ; an overlay deficit for the year 
nineteen hundred and fifty-three of ten thousand, nine 
hundred and twenty-one dollars and twenty cents; an 
overlay deficit for the year nineteen hundred and fifty-four 
of seventy-five thousand, six dollars and four cents; and a 
revenue deficit for the year nineteen hundred and fifty-four 
of seventy-seven thousand, six hundred and thirty-five dollars 
and nine cents, raise by taxation in each of the years nineteen 
hundred and fifty-five and nineteen hundred and fifty-six 
an amount not less than one hundred thousand dollars, and 
in the year nineteen hundred and fifty-seven the remainder 



134 Acts, 1955. — Chaps. 228, 229. 

of such aggregate of three hundred and one thousand, one 
hundred and twenty-nine dollars and sixty-six cents. 
Section 2. This act shall take effect upon its passage. 

Approved March 31, 1955. 

Chav.22S ^^ ^^^ validating the acts and proceedings at the 

ADJOURNED SESSION HELD ON MARCH TWENTY-EIGHTH, 
nineteen hundred and FIFTY-FIVE, OF THE ANNUAL 
TOWN MEETING OF THE TOWN OF LEXINGTON HELD IN 
THE YEAR NINETEEN HUNDRED AND FIFTY-FIVE. 

Be it enacted, etc., as follows: 

Section 1. The acts and proceedings of the town of 
Lexington at the adjourned session of the annual town 
meeting held in the year nineteen hundred and fifty-five, 
which adjourned session was held on March twenty-eighth, 
nineteen hundred and fifty-five, and all acts done hi pur- 
suance thereof, are hereby confirmed and made valid, not- 
withstanding the failure to give notice of the adjournment 
as required by law or the by-laws of said town, to the same 
extent as if the said adjourned session had been called, held, 
conducted and adjourned in strict compliance with the law. 

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

Approved April 1, 1955. 

Chap. 229 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-FOUR. 

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 195 of the acts of 1954, is hereby 
further amended by inserting after the word "fifty-three", 
in line 23, the words: — , or on account of a deficiency as of 
the last day of December, nineteen hundred and fifty-four, 
— 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 in- 
terest or other charges incurred in borrowing the money for 
the purpose, shall be assessed upon the cities and towns 
constituting the authority as provided by section twenty of 
chapter fifty-nine of the General Laws, as amended, in 
proportion to the number of persons in said cities and towns 
using the service of the authority at the time of said payment, 
said proportion to be determined and reported to the state 
treasurer by the trustees from computations made in their 



Acts, 1955. — Chaps. 230, 231. 135 

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, nine- 
teen hundred and forty-nine or on account of a deficiency 
as of the last day of December, nineteen hundred and fifty 
or on account of a deficiency as of the last day of December, 
nineteen hundred and fifty-one, or on account of a deficiency 
as of the last day of December, nineteen hundred and fifty- 
two, or on account of a deficiency as of the last day of 
December, nineteen hundred and fifty-three, or on account 
of a deficiency as of the last day of December, nineteen 
hundred and fifty-four, with interest and other charges in- 
curred in borrowing the money for the purpose, shall be 
assessed upon the cities and towns constituting the authority 
as provided by section twenty of chapter fifty-nine of the 
General Laws, as amended, in proportion to the amounts 
paid under the last preceding assessment under section 
fourteen of chapter one hundred and fifty-nine of the Special 
Acts of nineteen hundred and eighteen. 

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

Approved April 1, 1955. 



Chap.230 



An Act authorizing the town of oak bluffs to pay a 
sum of money to harold bridge. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 
gation, the town of Oak Bluffs is hereby authorized to ap- 
propriate a sum not exceeding three thousand dollars and 
pay the same to Harold Bridge to reimburse him for medical 
expenses, not including private nursing care, incurred by 
him as a volunteer fireman. 

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

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

Approved April 1, 1955. 

An Act to authorize the department of public w^orks QJiqj) 231 
TO take land by eminent domain on behalf of a 

RAILROAD corporation. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to provide forthwith that the preamble, 
department of public works may take certain land by emi- 
nent domain, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., a^ follows: 

Section 104 of chapter 160 of the General Laws, as amended ^-^^ ^'^'■ 
by chapter 176 of the acts of 1933, is hereby further amended iW, etc., 
by inserting after the second sentence the following two sen- ■""''"''''<^' 



136 Acts, 1955. — Chaps. 232, 233. 

Certam^mij tences: — If it is necessary in the laying out, construction or 

takings by de- alteration of a state highway across a railroad to alter or re- 

pubik''wor°ks, locate the railroad, the department of public works may take 

authorized. ^y eminent domain under chapter seventy-nine, on behalf of 

the railroad corporation, land or rights in land necessary for 

such alteration or relocation with the written approval of the 

department of public utilities. Charges and expenses for such 

alteration or relocation shall be paid by the department of 

public works. Approved April 1, 1955. 

Chap.2S2 An Act authorizing the supreme council of the royal 

ARCANUM TO PROVIDE FOR THE CONSOLIDATION OF CER- 
TAIN FUNDS IN CERTAIN INSTANCES. 

Be it enacted, etc., as follows: 

Section 1. Whenever the admitted assets of the Supreme 
Council of the Royal Arcanum, a fraternal society incorpo- 
rated under general law, as shown by its last annual state- 
ment filed with the insurance commissioner exceeds one hun- 
dred and five per cent of its entire liabilities, including its 
required reserves, computed on a net tabular basis upon the 
following minimum standard of valuation, viz., the nineteen 
hundred and forty-one Commissioners Standard Ordinary 
Table of Mortality, with an interest rate of two and one 
half per cent on the Commissioners Reserve Valuation 
Method, such society shall not be required to establish or 
maintain separate funds, and may, in accordance with its 
constitution and by-laws, provide for the consolidation of its 
various funds, and may report its transactions accordingly; 
provided, that no expenses will be incurred that would im- 
pair the minimum standard basis hereby established. 

Section 2. Chapter one hundred and ninety-two of the 
acts of nineteen hundred and thirty-five is hereby repealed. 

Section 3. This act shall take effect on January first, 
nineteen hundred and fifty-six. Approved April 1, 1955. 

Chap. 2SS An Act changing the membership of the commission on 

WAYS AND DRAINAGE IN THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. Section 22 of chapter 340 of the Special Acts 
of 1917 is hereby amended by striking out the first sentence, 
as amended by section 1 of chapter 308 of the acts of 1950, 
and inserting in place thereof the following sentence: — The 
mayor, and the members of the city council, shall constitute 
a commission on ways and drainage, of which the mayor shall 
be chairman. 

Section 2. This act shall be submitted for acceptance to 
the registered voters of the city of Lynn at the biennial mu- 
nicipal election to be held in said city in the current year in 
the form of the following question, which shall be placed on 
the official ballot to be used in said city at said election: — 



Acts, 1955. — Chaps. 234, 235, 236. 137 

"Shall an act of the General Court passed in the current 
year, entitled ' An Act changing the membership of the com- • 

mission on ways and drainage in the city of Lynn', be ac- 
cepted?" If a majority of the votes in answer to said ques- 
tion is in the affirmative, this act shall thereupon take full 
effect, but not otherwise. Approved April 1, 1955. 

An Act repealing the limitations under the work- -(7/2^7^ 234 
men's compensation law to benefits to employees 
in the granite industry who contract certain 
diseases. 

Be it enacted, etc., as follows: 

Section 1. Section seventy-six of chapter one hundred Ed)''i52'' 
and fifty-two of the General Laws, as appearing in chapter § 76,' etc.' 
two hundred and twenty of the acts of nineteen hundred and ''''p*^^^^'*- 
fifty, is hereby repealed. 

Section 2. The first sentence of section 65 of said chap- g. l. (Ter. 
ter 152, as amended by chapter 367 of the acts of 1943, is ^tc'.!'amfnded^' 
hereby further amended by striking out, in lines 2 and 3, workmen's 
the words ", except sihcosis or other occupational pulmo- fawbenlfitT" 
nary dust disease". Approved April 1, 1955. 

An Act to extend the time for commencing actions Chap. 235 

FOR MOTOR vehicle TORTS. 

Be it enacted, etc., as folloivs: 

Section 1. The first paragraph of section 4 of chapter g. l. (Ter. 
260 of the General Laws, as appearing in section 9 of chap- etcl.'ameAded'. 
ter 385 of the acts of 1937, is hereby amended by inserting 
after the word "accrues", in line 27, the following: — ; pro- 
vided, however, that actions of tort for bodily injuries or for statute of 
death, the payment of judgments in which is required to be cMtafn'motor 
secured by chapter ninety, may be commenced within two 'vehicle torts. 
years next after the cause of action accrues in cases where 
the person against whom the action is to be brought, or the 
insurer, has been notified in writing, by registered mail, of 
the claim within one year next after the cause of action ac- 
crues and an averment to that effect is set forth in the dec- 
laration. 

Section 2. This act shall take effect on January first, Effective date 
nineteen hundred and fifty-six and shall apply only to in- 
juries or accidents occurring on or after said date. 

Approved April 1, 1955. 

An Act authorizing the school committee of the city C/iap. 236 
OF boston to increase the annual appropriation to 
defray certain travelling and other necessary 
expenses. 

Be it enacted, etc. , as follows: 

Section 1. Section 4 of chapter 274 of the acts of 1914, 
as amended by section 1 of chapter 709 of the acts of 1945, is 



138 Acts, 1955. — Chaps. 237, 238. 

hereby amended by striking out the first sentence and in- 
• serting in place thereof the following sentence : — The 

school committee of the city of Boston is hereby authorized 
to appropriate annually, from the appropriations for the 
support of the public schools, an amount not exceeding five 
thousand dollars to defray the travelling and other necessary 
expenses incurred under the provisions of section three of 
this act. 

Section 2. This act shall take effect upon its acceptance 
by the city council and the mayor of the city of Boston, 
subject to the provisions of its charter, but not otherwise. 

Approved April 1, 1955. 

Chap.2S7 An Act authorizing the city of lynn to sell a certain 

PARCEL OF LAND IN SAID CITY ACQUIRED FOR PLAYGROUND 
AND RECREATIONAL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn, by its proper authority, 
may sell, transfer and convey to the Lynn Gas & Electric 
Company, a corporation duly estabUshed by law and having 
a usual place of business in said city, a certain parcel of land 
containing eleven thousand four hundred and forty-six 
square feet, more or less, situate in said city, acquired by 
said city for playground and recreational purposes, bounded 
as follows : — 

Northerly, by Granite street one hundred and four and 
ten one-hundredths feet ; 

Easterly, by land of the city of Lynn one hundred and 
twenty-eight and ninety -two one-hundredths feet; 

Southerly, by land of the city of Lynn one hundred feet ; 

Westerly, by land now or formerly of John Boyd one 
hundred feet; all as shown on plan entitled "Plan of Land 
Surveyed for the Lynn Gas & Electric Company Situated 
in Lynn, Mass.", dated February twenty-second, nineteen 
hundred and fifty-five, and signed by Bradford & Weed, 
Civil Engineers. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year, by vote of the stadium 
commission of said city and by vote of the city council 
thereof, subject to the provisions of its charter, but not 
otherwise. Approved April 1, 1955. 



Chap.2SS An Act authorizing the city of quincy to pay a certain 
claim legally unenforceable by reason of failure 
to comply with certain provisions of law. 

Be it enacted, etc., as follows: 

Section 1. The city of Quincy is hereby authorized to 
pay from available funds a sum of money not exceeding 
three thousand one hundred and fourteen dollars and 
twenty-six cents in pajonent and the discharge of a certain 



Acts, 1955. — Chaps. 239, 240. 139 

claim of Louis Petrelli Construction Company, for certain 
masonry and repair work performed upon a school building 
in said city, said claim being legally unenforceable against 
the said city by reason of the failure to comply with sections 
twenty-eight and twenty-nine of chapter forty-three of the 
General Laws and sections forty-four A to forty-four C, 
inclusive, of chapter one hundred and forty-nine of the 
General Laws. 

Section 2. No bill shall be approved b}^ the city auditor 
of said city for payment or paid by the treasurer thereof 
under authority of this act, unless and until certificates 
have been signed and filed with said city auditor stating 
under the penalties of perjury that the work performed was 
ordered by an official of the school department of said city 
and that such services were actually performed for the 
benefit of said city. 

Section 3. Any person who knowingly files a certificate 
required by section two which is false, and who thereby re- 
ceives payment for goods, materials or services which were 
not received bj^ or rendered to said city shall be punished by 
imprisonment for not more than one year or by a fine of not 
more than three hundred dollars, or both. 

Section 4. This act shall take effect upon its acceptance 
by the city council of the city of Quincy, subject to the 
provisions of its charter during the current year, but not 
otherwise. Approved April 1, 1955. 



Chap.2S9 



An Act relative to the policing of the prison point 

BRIDGE. 

Be it enacted, etc., as follows: 

Chapter 555 of the acts of 1954 is hereby amended by strik- 
ing out the third paragraph and inserting in place thereof the 
following paragraph: — 

When the work of rebuilding and reconstructing said bridge 
is completed and said commission shall have so certified 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 of said cities shall thereafter be 
policed by the metropoUtan district commission. 

Approved April 1. 1955. 

An Act authorizing the treasurer of essex county to (JJiaj) 240 

REIMBURSE HAROLD P. RICE OF SAUGUS FOR DAMAGE TO 
HIS MOTOR VEHICLE. 

Be it enacted, etc., as follows: 

Section L The treasurer of Essex county is hereby au- 
thorized and directed to pay to Harold P. Rice of Saugus, 
from funds available, the sum of two hundred and eighty 
dollars, which sum was expended by him to repair damage 
to his motor vehicle caused when three convicts attempting 



140 



Acts, 1955. — Chaps. 241, 242, 243. 



escape, after breaking jail, stole a car on October twenty- 
first, nineteen hundred and fifty-four, and caused property 
damage to said Harold P. Rice. 

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

Approved April 4, 1955. 



Chap. 2^1 An Act prohibiting the use of auxiliary police or 

OTHER PERSONNEL ORGANIZED UNDER THE CIVIL DEFENSE 
LAWS IN CONNECTION WITH ANY LABOR DISPUTE. 

Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by 
inserting after section 23 A the following section : — Section 
23B. The auxiliary police or other personnel originally or- 
ganized by civil defense agencies under state or federal civil 
defense laws shall not be used or called upon for service as 
such in any industrial or labor dispute or to regulate picket- 
ing in connection with a strike. Approved April 4, 1955. 



G. L. (Ter. 
Ed.), 149, new 
§ 23B, added. 
Use of certain 
police per- 
sonnel in labor 
disputes, 
prohibited. 



Chap. 2^2 An Act to recover overpayments in pro tanto land 

DAMAGE settlements. 

Be it enacted, etc., as follows: 

Section 39 of chapter 79 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by add- 
ing at the end the following sentence: — In the event that a 
payment pro tanto shall prove to be in excess of damages 
subsequently assessed by an appropriate tribunal, the peti- 
tioner shall be ordered by a proper decree to refund to the 
body politic or corporate an amount equal to the difference 
between the payment pro tanto and the verdict of the appro- 
priate tribunal, plus costs and interest at the rate of four per 
cent per annum from the date as of which damages were 
assessed. Approved April 4, 1955. 



G. L. (Ter. 
Ed.), 79, § 39, 
amended. 
Recovery 
of over- 
payments in 
certain land 
damage 
settlements, 
regulated. 



C/iap. 243 An Act relative to the repayment of abatements 

UNDER THE INCOME TAX LAW. 



G. L. (Ter. 
Ed.), 62, § 46, 
etc., amended. 



Repayment of 
abatements 
under income 
tax law, 
regulated. 



Be it enacted, etc., asfolloivs: 

Chapter 62 of the General Laws is hereby amended by 
striking out section 46, as most recently amended by section 
6 of chapter 350 of the acts of 1933, and inserting in place 
thereof the following section : — Section 46. If the tax 
abated has been paid, the state treasurer, upon presen- 
tation to him of the notice of the decision of the board, shall 
repay to the petitioner the amount of the abatement and in- 
terest at the rate of three per cent per annum from the date 
of overpayment or the due date prescribed by law for filing 
the return, whichever is later. Approved April 4, 1955. 



Acts, 1955, — Chaps. 244, 245, 246, 247. 141 

An Act providing for increasing bail fees in certain QJidj) 244 

CASES. ^' 

Be it enacted, etc., as follows: 

Section 24 of chapter 262 of the General Laws, as amended Sj^iJ|'"- 
by chapter 89 of the acts of 1953, is hereby further amended § 24,' etc' 
by inserting after the word "dollars", in hne 3, the words: — amended. 
, except that when an arrest is made and bail taken between Bail fees. 
the hours of twelve midnight and six o'clock in the morning 
the maximum fee shall be five dollars for the first charge and 
three dollars for each additional charge. 

Approved April 4, 1956. 

An Act requiring copies of assessors' valuation books Chap. 24^5 
TO be deposited with the commissioner of corpora- 
tions AND TAXATION EVERY FIFTH YEAR. 

Be it enacted, etc., as follows: 

Section 1. Chapter 59 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 49, as most recently amended ^tl! 'amended, 
by section 3 of chapter 112 of the acts of 1948, and inserting 
in place thereof the following section: — Section 49. The 
assessors, except those of Boston, on or before July first, Assessors to 
nineteen hundred and sixty, and in every fifth year there- of vaTuatf^i^* 
after, shall deposit in the office of the commissioner, a copy books with 
of the assessors' valuation books of those years, to be by them °°™'^'^^'°°^'- 
certified under oath. This shall not excuse, in such years, 
the filing of a separate copy of the table of aggregates under 
section forty-seven. 

Section 2. This act shall take effect on January first, Effective date. 
nineteen hundred and fifty-six. Approved April 4, 1955. 

An Act to authorize wellesley college to hold addi- C/iap. 246 

TIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Wellesley College is hereby authorized to hold real and 
personal estate in the manner and for the purposes set forth 
in its charter to an amount not exceeding one hundred and 
fifty milhon dollars, subject otherwise to the provisions of 
section one of chapter forty-five of the acts of nineteen 
hundred and twenty-eight. Approved April 4, 1955. 

An Act providing for a payment in lieu of taxes in Chav.24:7 

THE EVENT OF A SALE OF REAL ESTATE BY A CITY OR 
TOWN. 

Be it enacted, etc., as follows: 

Chapter 44 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 63 the following section : — Section f 63A*t'dded. 
63 A. Whenever in any year a town, which term, as used in 
this section, shall include city, shall sell any real estate, the 



142 



Acts, 1955. — Chaps. 248, 249. 



Payment in 
lieu of taxes 
upon sale of 
real estate by 
city or town, 
required. 



Computation 
of payment. 



board or officer executing the deed therefor in the name and 
behalf of the town shall, as a condition precedent to power 
to deliver such deed, receive from the grantee, as a payment 
in lieu of taxes allocable to the days ensuing in said year 
after the date of such deed, a sum which shall be equal to 
such portion of a pro forma tax computed as hereinafter pro- 
vided as would be allocable to the days aforesaid if such pro 
forma tax were apportioned pro rata according to the number 
of days in such year. Such pro forma tax shall be computed 
by applying the town's tax rate for such year, or, if such rate 
is not known, the town's tax rate for the year next pre- 
ceding such year, to the sale price after crediting any ex- 
emption to which, if the deed had been executed and de- 
livered on January first in such year, the grantee would have 
been entitled under section five of chapter fifty-nme. A 
recitation in the deed that there has been full compliance 
with the provisions of this section shall be conclusive evi- 
dence of such fact. Sums received under this section shall 
not be subject to section sixty-three of this chapter or to 
section forty-three of chapter sixty, but shall be credited as 
general funds of the town. Approved April 4, 1955. 



Chap. 2^^ An Act authorizing the Isabella stewart Gardner 

MUSEUM, incorporated, TO HOLD ADDITIONAL REAL AND 
PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Chapter 126 of the acts of 1937 is hereby amended by 
striking out, in line 6, the word "twelve" and inserting in 
place thereof the word: — twenty. 

Approved April 4-, 1955. 



Chap. 24:9 An Act increasing the number of signatures required 

ON THE NOMINATION PAPERS FOR REPRESENTATIVE IN 
CONGRESS. 

Be it enacted, etc., as follows: 

Section 44 of chapter 53 of the General Laws, as amended 
by section 1 of chapter 183 of the acts of 1954, is hereby 
further amended by striking out the third sentence and in- 
serting in place thereof the follomng sentence: — Such 
papers for all other offices to be filled at a state election shall 
be signed by a number of voters, as follows: — for repre- 
sentative in congress, five hundred voters; for councillor, 
district attorney, clerk of courts, register of probate and in- 
solvency, 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. Approved April 4, 1955. 



G. L. (Ter. 
Ed.), 53, § 44, 
etc., amended. 



Nomination 
signatures for 
representative 
in congress, 
increased. 



Acts, 1955. — Chaps. 250, 251. 143 



An Act repealing certain special acts relative to Chav.250 

SCHOOL appropriations IN THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. Sections 1, 2, 3 and 4 of chapter 178 of the 
acts of 1909, as amended, are hereby repealed. 

Section 2. This act shall be submitted for acceptance to 
the voters of the city of Lynn at the regular municipal elec- 
tion to be held in the current year, in the form of the follow- 
ing 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 repealing certain 
special acts relative to school appropriations in the city of 
Lynn', be accepted?" If a majority of votes cast in answer 
to said question is in the affirmative, this act shall take full • 
effect on January first, nineteen hundred and fifty-six, but 
not otherwise. 

(The foregoing was laid before the governor on the twenty- 
eighth day of March, 1955, and after five days it had "the force 
of a law", as prescribed by the constitution, as it was not re- 
turned by him with his objections thereto within that time.) 

An Act relative to sewage disposal and water supply Chap. 251 
in the cities of malden and medford. 

Be it enacted, etc., as Jollows: 

Section 1. Section 1 of chapter 149 of the acts of 1913 
is hereby amended by inserting after the word "cities", in 
line 5, the words: — , for the laying and maintenance of 
pipes and conduits for drainage, and for the laying and 
maintenance of pipes and conduits for the transmission of 
water, which contracts shall not be inconsistent with the 
pro\'isions of chapter ninety-two of the General Laws. 

Section 2. Section 2 of said chapter 149 is hereby 
amended by inserting after the word "sewer", in line 2, the 
words: — or drainage, — and by inserting after the -word 
"sewer", in line 7, the words: — and drain, — so as to read 
as follows: — Section 2. Any estate in either of said cities 
which receives benefit by reason of sewer or drainage facili- 
ties furnished by virtue of a contract or contracts made 
under authority of this act shall be subject to assessment 
therefor, such assessment to be levied and collected by the 
city in which the estate is situated, in the manner and to the 
extent now provided by law for the levy and collection of 
sewer and drain assessments in that city. 

Approved April 6^ 1955. 



144 Acts, 1955. — Chap. 252. 

Chap. 252 An Act providing for the establishment of a right of 

WAY FOR PUBLIC ACCESS TO CHAPIN POND IN THE TOWN 
OF LUDLOW. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Hampden 
county are hereby authorized and directed to lay out, in the 
town of Ludlow, a right of way for pubHc access to Chapin 
pond in the town of Ludlow, in accordance with plans to be 
approved by the department of public works and showing 
the location and dimensions of such right of way. If it is 
necessary to acquire land for the purpose offlaying 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 way, or by specific repairs or improve- 
ments thereon, shall be entitled to recover the same under 
said chapter seventy-nine; provided, that the right to re- 
cover 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 town of Ludlow, 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 Hampden, nor any city or town 
therein, shall be required to keep such right of way in repair, 
nor shall they be liable for injury sustained by persons 
traveling thereon; provided, that sufiicient notice to warn 
the public is posted where such way enters upon or unites 
with an existing pubHc way. 

Section 3. All expenses incurred by said county com- 
missioners in connection with such right of way shall be 
borne by the county of Hampden, or by such cities and 
towns therein and in such proportions as said county 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 hmit 
the powers of the department of pubUc health, or of any 
local board of health, under any general or special law. 

Approved April 6, 1965. 



Acts, 1955. -- Chap. 253. 145 



An Act providing for the establishment of a right of Chav. 25S 

WAY FOR PUBLIC ACCESS TO NINE MILE POND IN THE TOWN 
OF WILBRAHAM. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Hampden 
county are hereby authorized and directed to lay out a 
right of way for pubhc access to Nine Mile pond in the town 
of Wilbraham, in accordance with plans to be approved by 
the department of pubhc works showing the location and 
dimensions of such right of way. If it is necessary to acquire 
land for the purpose of laying out such right of way, said 
county commissioners shall at the time such right of way is 
laid out take such land by eminent domain under chapter 
seventy-nine of the General Laws. Any person sustaining 
damages in his property by the laying out of such a right of 
way, or by specific repairs or improvements thereon, shall be 
entitled to recover the same under said chapter seventy- 
nine ; provided, that the right to recover damages, if any, by 
reason of the laying out of such right of way, shall vest upon 
the recording of the order of taking by said county commis- 
sioners, 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 vahdating such taking or for the payment 
of damages by reason thereof. 

Section 2. The selectmen of the town of Wilbraham, 
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 Hampden, nor any city or town 
therein, shall be required to keep such right of way in re- 
pair, nor shall they be liable for injury sustained by persons 
traveling thereon; provided, that sufficient notice to warn 
the pubhc is posted where such way enters upon or unites 
with any existing pubhc way. 

Section 3. All expenses incurred by said county commis- 
sioners in connection with such right of way shall be borne 
by the county of Hampden, or by such cities and towns 
therein and in such proportions as said county commissioners 
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 pubhc health, or any local 
board of health, under any general or special law. 

Approved April 6, 1955. 



146 Acts, 1955. — Chaps. 254, 255. 



Chap. 254: An Act providing for the establishment of a right of 

WAY FOR PUBLIC ACCESS TO NORWICH LAKE IN THE TOWN 
OF HUNTINGTON. 

Be it enacted, etc., as follows. • 

Section 1. The county commissioners of Hampshire 
county are hereby authorized and directed to lay out a 
right of way for public access to Norwich lake in the town 
of Huntington, in accordance with plans to be approved by 
the department of pubUc works and showing the location 
and dimensions of such right of way. If it is necessary to 
acquire land for the purpose of laying out such right of way, 
said county commissioners shall, at the time such right of 
way is laid out, take such land by eminent domain under 
chapter seventy-nine of the General Laws. Any person sus- 
taining damages in his property by the laying out of such 
right of way, or by specific repairs or improvements thereon, 
shall be entitled to recover the same under said chapter 
seventy-nine; provided, that the right to recover damages, 
if any, by reason of the laying out of such right of way shall 
vest upon the recording of the order of taking by said county 
commissioners, and that no entry or possession for the pur- 
pose of constructing a pubhc 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 town of Huntington, from time to time, 
may make specific repairs on or improve such right of way 
to such extent as it may deem necessary, but neither the 
county of Hampshire nor any city or town thei'ein shall be 
required to keep such right of way in repair, nor shall it be 
liable for injury sustained by persons traveling thereon; pro- 
vided, that sufficient notice to warn the public is posted where 
such way enters upon or unites with an existing pubhc way. 

Section 3. All expenses incurred by said county commis- 
sioners in connection with such right of way shall be borne by 
the county of Hampshire, or by such cities and towns therein 
and in such proportions as said county commissioners 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 pubhc health, or any local 
board of health, under any general or special law. 

Approved April 6, 1955. 

Chap. 255 An Act permitting dancing at celebrations of a re- 
ligious CUSTOM OR RITUAL ON THE LORD's DAY. 

Be it enacted, etc., as follows: 

Ed^i36'^§2 Section 1. Section 2 of chapter 136 of the General 

etc!, 'amended'. Laws, as most recently amended by section 1 of chapter 207 

of the acts of 1946, is hereby further amended by inserting 



Acts, 1955. — Chap. 256. 147 

after the word "wedding", in line 9, the words: — or cele- 
bration of a religious custom or ritual, — so as to read as 
follows: — Section 2. Whoever on the Lord's day is present Dancing at 

X 1 UT J* • J. i certain cels- 

at a game, sport, play or pubhc diversion, except a concert brations on the 
of sacred music, a public entertainment duly Hcensed as pro- permilted^ ' 
vided in section four or a free open air concert given by a 
town, or by license of the mayor or the selectmen, upon a 
common or public park, street or square, or except a game of 
golf conducted on an open air goK course other than a minia- 
ture golf course, so called, or except a game of tennis or 
dancing at a wedding or celebration of a rehgious custom or 
ritual if no charge is made for being present or for dancing, 
shall be punished by a fine of not more than five dollars. 
Whoever on the Lord's day takes part in any game, sport, 
play or public diversion, except as aforesaid, shall be punished 
by a fine of not more than fifty dollars. This and the follow- 
ing section shall not apply to amusement enterprises lawfully 
conducted under section four A or four B or to sports or 
games conducted in accordance with sections twenty-one to 
twenty-five, inclusive, in any city or town which accepts said 
sections or in accordance with sections twenty-six to thirty- 
two, inclusive, in any city or town in which said sections 
twenty-six to thirty-two are then in force. 

Section 2. Said chapter 136 is hereby amended by strik- g. l. (Ter. 
ing out section 3, as appearing in the Tercentenary Edition, ^meAde^d.' ^ ^' 
and inserting in place thereof the following section: — 
Section 3. Whoever offers to view, sets up, estabhshes. Certain public 
maintains, or attempts to set up, establish or maintain, or oS^the^''^'"''"*^ 
promotes or assists in such attempt, or promotes, or aids, ^°'"u'v'^^^' 
abets or participates in offering tfc view, setting up, estab- p''° ' ' '^ • 
lishing or maintaining any public entertainment on the Lord's 
day, except as provided in section two, unless such public 
entertainment shall be in keeping with the character of the 
day and not inconsistent with its due observance and duly 
hcensed as provided in section four, or whoever on the 
Lord's day acts as proprietor, manager or person in charge of 
a game, sport, play or pubhc diversion, except a public enter- 
tainment licensed under section four and except as provided 
in section two, shall be punished by a fine of not more than 
five hundred dollars. Approved April 6, 1955. 

An Act authorizing the use of the words "candidate Chap. 25Q 

FOR re-election" ON CERTAIN OFFICIAL BALLOTS. 

Be it enacted, etc., as follows: 

The third paragraph of section 41 of chapter 54 of the g. l. (Xer. 
General Laws, as amended by chapter 78 of the acts of 1946, ftc! 'amended! 
is hereby further amended by striking out, in fines 6 and 7, 
the words "and who is one of two or more candidates therefor 
bearing the same or a similar surname,", — so as to read as 
follows: — 

To the name of each candidate for a state or city ofiice, "Candidate 
except city offices in cities where pohtical designations are for- [o'^b^'^^rinted"' 



148 Acts, 1955. — Chap. 257. 



on certain 
oflBcial ballots. 



bidden, shall be added in the same space his party or political 
designation or designations. To the name of a candidate for 
a state or city office who is an elected incumbent thereof 
there shall be added in the same space the words "Candidate 
for Re-election ". To the name of each candidate for a town 
office upon an official ballot shall be added the name of the 
street on which he resides, with his street number, if any, 
and the designation of the party or principle which he repre- 
sents, contained in the certificate of nomination or nomina- 
tion papers. To the name of each candidate for a town 
office upon an official ballot who is an elected incumbent 
thereof shall be added the words "Candidate for Re-election". 
The town clerk shall add the words "Caucus Nominee" to 
the name of any candidate nominated for a town office by a 
caucus held under the provisions of sections one hundred and 
seventeen to one hundred and twenty, inclusive, of chapter 
fifty-three. Approved April 6, 1956. 

Chap. 2^1 An Act relative to guaranty funds of co-operative 

BANKS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 149 of the acts of 1952, as most re- 
cently amended by section 1 of chapter 463 of the acts of 
1954, is hereby repealed. 
Ed^' 170 "^s 38 Section 2. The second paragraph of section 38 of chap- 
eto.', amended. ' ter 170 of the General Laws, as appearing in section 1 of 
chapter 371 of the acts of 1950, is hereby amended by in- 
serting after the word "profits", in fine 3, the following: — ; 
provided, however, that if at any distribution date the guar- 
anty fund and surplus account together amount to at least 
eleven per cent of the share hability of the corporation, the 
transfer to the guaranty fund hereinbefore described shall 
not be required if an equivalent amount is transferred from 
the surplus account to the guaranty fund, — so as to read 
as follows : — 
finds'^of c ^^ ^^^^ distribution date and until such fund is at least 

operative cqual to tcu per cent of the assets of the corporation, there 
reg'ldated. shall be transferred thereto five per cent of the net profits; 
provided, however, that if at any distribution date the guar- 
anty fund and surplus account together amount to at least 
eleven per cent of the share liabihty of the corporation, the 
transfer to the guaranty fund hereinbefore described shall 
not be required if an equivalent amount is transferred from 
the surplus account to the guaranty fund. 

Approved April 6, 1955. 



Acts, 1955. — Chaps. 258, 259. 149 



An Act providing for the establishment of a right of (Jfidj) 258 

WAY for public ACCESS TO GOODRICH POND IN THE CITY '' 
OF PITTSFIELD. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Berkshire 
county are hereby authorized and directed to lay out a 
right of way for pubHc access to Goodrich pond in the city 
of Pittsfield in accordance with plans to be approved by the 
department of public works and showing the location and 
dimensions of such right of way. If it is necessary to acquire 
land for the purpose of laying out such right of way, said 
county commissioners shall at the time such right of way is 
laid out take such land by eminent domain under chapter 
seventy-nine of the General Laws. Any person sustaining 
damages in his property by the laying out of such right of 
way, or by specific repairs or improvements thereon, shall be 
entitled to recover the same under said chapter seventy-nine ; 
provided, that the right to recover damages, if any, by reason 
of the laying out of such right of way, shall vest upon the re- 
cording of the order of taking by said county commissioners 
and that no entry or possession for the purpose of construct- 
ing a public way on land so taken shall be required for the 
purpose of validating such taking or for the payment of 
damages by reason thereof. 

Section 2. The city of Pittsfield, from time to time, may 
make specific repairs on or improve such right of way to such 
extent as it may deem necessary, but neither the county of 
Berkshire nor any city or town therein shall be required to 
keep such right of way in repair, nor shall it be liable for in- 
jury sustained by persons travelling 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 commis- 
sioners in connection with such right of way shall be borne by 
the county of Berkshire or by such cities and towns therein 
and in such proportions as said county commissioners 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 any local 
board of health, under any general or special law. 

Approved April 6, 1955. 

An Act relative to incurring liabilities in towns in Chav.259 

cases of extreme emergencies involving THE HEALTH 
OR SAFETY OF PERSONS OR PROPERTY. 

Be it enacted, etc., as follows: 

Section 31 of chapter 44 of the General Laws is hereby g. l. (Ter. 
amended by striking out the first sentence, as appearing in ^tci! amended. 



150 Acts, 1955. — Chaps. 260, 261, 262. 

chapter 138 of the acts of 1949, and inserting in place thereof 
Cities and ^]^q f ollowing Sentence : — No department financed by mu- 

towns may ... * • i i • i • c 

incur liabilities nicipal revcnuc, or m whole or m part by taxation, oi any 
in certain cases. ^^^^ ^^ ^own, except Boston, shall incur a liabihty in excess 
of the appropriation made for the use of such department, 
each item recommended by the mayor and voted by the 
council in cities, and each item voted by the town meeting in 
towns, being considered as a separate appropriation, except 
in cases of extreme emergency involving the health or safety 
of persons or property, and then only b}'' a vote in a city of 
two thirds of the members of the city council, and in a town 
by a majority vote of all the selectmen. 

Approved April 6, 1955. 

Chap. 260 An Act authorizing the metropolitan district com- 
mission TO CONSTRUCT A PEDESTRIAN OVERPASS ON 
WILLIAM T. MORRISSEY BOULEVARD IN THE VICINITY OF 
CONLEY STREET AND TOLMAN STREET IN BOSTON. 

Be it enacted, etc., as follows: 

The metropolitan district commission is hereby authorized 
and directed to construct a pedestrian overpass on William T. 
Morrissey Boulevard in the vicinity of Conley street and 
Tolman street in the city of Boston. 

Approved April 6, 1955. 

Chap.2Ql An Act authorizing the clarke school for the deaf 
TO hold additional real and personal estate. 

Be it enacted, etc., as follows: 

The Clarke School for the Deaf is hereby authorized to 
hold real and personal estate for the purposes named in its 
act of incorporation to an amount not exceeding five million 
dollars, in addition to the amount it is now authorized to 
hold. Approved April 6, 1955. 

Chap. 262 An Act further extending the opportunity to cities 

AND towns to borrow UNDER THE ACT CREATING THE 
EMERGENCY FINANCE BOARD. 

Emergency Wkcreas, The provisions of law sought to be extended by 

this act would, but for this act, shortly cease to be effective, 
but the circumstances and conditions which made advisable 
their enactment still continue and it is accordingly desirable 
that said provisions continue in effect without interruption, 
therefore this act is hereby declared to be an emergency law, 
necessary for the immediate preservation of the pubUc con- 
venience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 49 of the acts of 1933 is hereby 
amended by striking out section 2, as most recently amended 
by section 1 of chapter 467 of the acts of 1953, and inserting 



Acts, 1955. — Chap. 262. 151 

in place thereof the following section : — Section 2. The 
treasurer of any city or town, if authorized by a two-thirds 
vote, as defined by section one of chapter forty-four of the 
General Laws, and with the approval of the mayor or the 
selectmen, may, on behalf of such city or town, petition the 
board to approve of its borrowing money from the common- 
wealth for ordinary maintenance expenses and revenue loans, 
and the board may, if in its judgment the financial affairs 
of such city or town warrant, grant its approval to the bor- 
rowing as aforesaid of specified sums not at any time exceed- 
ing, in the aggregate, the total amount represented by tax 
titles taken or purchased by such city or town and held by 
it; provided, that such borrowing is made at any time or 
times prior to July first, nineteen hundred and fifty-seven. 
In case of such approval, the treasurer of such city or town 
shall, without further vote, issue notes, with interest at such 
rate as may be fixed by the treasurer with the approval of 
the board, in the amount approved by the board, for pur- 
poses of sale to the commonwealth only, and said notes, 
upon their tender to the state treasurer, shall forthwith be 
purchased by the commonwealth at the face value thereof. 
Such notes shall be payable in not more than one year, and 
may be renewed from time to time, if authorized by the 
board, but no renewal note shall be for a period of more 
than one year, and the maturity of any loan or renewal shall 
not be later than July first, nineteen hundred and fifty- 
eight. Such notes shall be general obligations of the city or 
town issuing the same, notwithstanding the foregoing pro- 
visions. Indebtedness incurred by a city or town under au- 
thority of this act shall be outside its limit of indebtedness 
as fixed by chapter forty-four of the General Laws. The 
excess, if any, of the amount of interest payments received 
by the commonwealth on account of notes issued by cities 
and towns hereunder over the cost to the commonwealth 
for interest on money borrowed under section five, expenses 
of the board, including compensation paid to its appointive 
members, and expenses of administration of the funds pro- 
vided by sections three and five shall be distributed to such 
cities and towns in November, nineteen hundred and fifty- 
nine, or earher at the discretion of the board, in the propor- 
tion which the aggregate amounts payable by them on 
account of interest on such notes bear to the total amounts 
so payable by all cities and towns hereunder. 

Section 2. Said chapter 49 is hereby further amended 
by striking out section 5, as most recently amended by 
section 2 of said chapter 467, and inserting in place thereof 
the following section : — Section 5. The state treasurer, with 
the approval of the governor and council, may borrow from 
time to time, on the credit of the commonwealth, such sums 
as may be necessary to provide funds for loans to munici- 
palities as aforesaid, and may issue and renew notes of the 
commonwealth therefor, bearing interest payable at such 
times and at such rate as shall be fixed by the state treas- 



152 



Acts, 1955. — Chap. 263. 



urer, with the approval of the governor and council; pro- 
vided, that the total indebtedness of the commonwealth 
under this section, outstanding at any one time, shall not 
exceed ten milUon dollars. Such notes shall be issued for 
such maximum term of years as the governor may recom- 
mend to the general court in accordance with section three of 
Article LXII of the Amendments to the Constitution of the 
Commonwealth, but such notes, whether original or renewal, 
shall be payable not later than June thirtieth, nineteen 
hundred and sixty. All notes issued under this section shall 
be signed by the state treasurer, approved by the governor 
and countersigned by the comptroller. 

Approved April 7, 1955. 



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

Termination, 
etc., of certain 
accident and 
health policies, 
regulated. 



Chap.2QS An Act relative to the termination or lapsing of 

CERTAIN ACCIDENT AND HEALTH POLICIES FOR NON-PAY- 
MENT OF PREMIUMS. 

Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is hereby amended by 
striking out section HOB, inserted by chapter 209 of the 
acts of 1939, and inserting in place thereof the following 
section: — Section HOB. No pohcy of insurance referred to 
in section one hundred and eight issued or delivered in this 
commonwealth, except a pohcy which by its terms is can- 
cellable by the company or is renewable or continuable with 
its consent, or except a policy the premiums for which are 
payable monthly or at shorter intervals, shall terminate or 
lapse for non-payment of any premium until the expiration 
of three months from the due date of such premium, unless 
the company, within not less than ten nor more than forty- 
five days prior to said due date, shall have mailed, postage 
prepaid, duly addressed to the insured at his last address 
shown by the company's records, a notice showing the 
amount of such premium and its due date. If such a notice 
is not so sent, the insured may pay the premium in default 
at any time within said period of three months. The affi- 
davit of any officer, clerk or agent of the company, or of any 
other person authorized to mail such notice, that the notice 
required by this section has been duly mailed by the com- 
pany in the manner hereinbefore required, shall be prima 
facie evidence that such notice was duly given. No action 
shall be maintained on any poUcy to which this section ap- 
phes and which has lapsed for non-payment of any premium 
unless such action is commenced within two years from the 
due date of such premium. Approved April 7, 1955. 



Acts, 1955. — Chaps. 264, 265, 266. 153 



An Act relative to the division of the city of boston Chav. 2Q4: 

INTO VOTING PRECINCTS AND RELATIVE TO THE CHANGE 
OF POLLING PLACES IN SAID CITY. 

Be it enacted, etc., as folio ivs: 

Section 1. No division of the city of Boston into voting 
precincts and no change of 'polling places in said city shall 
be made until reasonable notice of the proposed change has 
been given by the board of election commissioners to the 
state senator and the state representative from the district. 

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

Approved April 7, 1955. 

An Act providing for the annual observance of certain (^fiar) 265 

DAYS. 

Be it enacted, etc., as follows: 

Section 1. Section 12N of chapter 6 of the General Laws, o. l. (Ter. 
inserted by chapter 75 of the acts of 1949, is hereby amended ftcil'ameLufcL ' 
by adding at the end the following sentence: — Said proc- observance of 
lamation shall recommend that exercises appropriate to certain days in 
such day be observed in all the schools of the commonwealth required, 
from and including the seventh grade up to and including 
the last year of high school. 

Section 2. Said chapter 6 is hereby further amended by o. l. (Xer. 
inserting after section 12S, inserted by chapter 124 of the f'ijtf'addld. 
acts of 1954, the following section: — Section 1ST. The gov- Governor to 
ernor shall annually issue a proclamation setting apart the [?sue prociama- 
twenty-second day of February as Washington Day, the to°certairdays. 
second Sunda}^ in May as Mothers' Day, the third Sunday 
in June as Fathers' Day, the seventh day of August as 
Purple Heart Day, the first Sunday in December as Dis- 
abled American Veterans' Hospital Day and the second 
Saturday in December as Army and Navy Union Day; and 
recommending that said days be observed by the people in 
an appropriate manner. Approved April 7, 1955. 

An Act relative to the distribution of pasters or Chav 266 

STICKERS at polling PLACES. 

Be it enacted, etc., as follows: 

Section 65 of chapter 54 of the General Laws is hereby o. l. (Ter. 
amended by striking out the second and third sentences, as ftl! 'amended, 
appearing in chapter 129 of the acts of 1952, and inserting 
in place thereof the following sentence: — Pasters, commonly Distribution of 
called stickers, shall not be posted, circulated or distributed pomngViaoes 
in the polling place, in the building where the polling place regulated, 
is located, on the walls thereof, on the premises on which 
the building stands, on the sidewalk adjoining the premises 
where such election is being held, or within one hundred and 
fifty feet of the entrance to such polling place. 

Approved April 7, 1955. 



154 Acts, 1955. — Chap. 267. 

Chap. 267 ^n Act increasing the amount that may 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, as amended by section 1 
of chapter 100 of the acts of 1954, and inserting in place 
thereof the following section : — Section 1 . The county com- 
missioners of the county of Dukes county are hereby author- 
ized to raise and expend a sum not exceeding three hundred 
and ten 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 ex- 
penses, 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, as amended by section 2 of said chap- 
ter 100, and inserting in place thereof the following section : — 
Section 3. To provide funds for the erection and original 
equipping and furnishing of the addition mentioned in sec- 
tion one of this act including plans and specifications, archi- 
tect'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 ag- 
gregate three hundred 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 consti- 
tute a separate loan. Such bonds or notes shall be payable 
in such annual installments, beginning not more than one 
year from the date thereof, as will extinguish each loan in 
not more than thirty years from their dates, and so that the 
amount of such annual payment in any year shall not be 
less than the amount of the principal of the loan payable 
in any subsequent year. Such bonds or notes shall be signed 
by the treasurer of the county and countersigned by a 
majority of said county commissioners. The county may 
sell said securities at pubhc or private sale upon such terms 
and conditions as said county commissioners may deem 
proper but not for less than their par value. 

Approved April 7, 1965. 



The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, May 5, 1955. 

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

Dear Mr. Secretary: — I, Christian A. Herter, pur- 
suant to the provisions of Article 48 of the amendments to 



Acts, 1955. — Chap. 268. 155 

the Constitution, the Referendum, II, Emergency Measures, 
hereby declare that in my opinion the immediate preserva- 
tion of the pubhc necessity and convenience requires the 
law Chapter 267 of the Acts of the current year entitled 
"An Act increasing the Amount that may 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" and the enactment of which received 
the approval of Acting Governor Sumner G. Whittier, 
April 7, 1955, should take effect forthwith. 

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

Postponement of the operation of this act for ninety days 
would not permit the issuance of additional bonds authorized 
by the act in time to permit the retirement of certain notes 
which have been issued and will fall due before the expiration 
of ninety days. 

Very truly yours, 

Christian A, Herter, 
Governor of the Commonwealth. 



Office of the Secretary, Boston, May 5, 1955. 

I, Leo jM. Harlow, Deputy Secretary of the Common- 
wealth, hereby certify that the accompanying statement w^as 
filed in this office by His Excellency the Governor of the 
Commonwealth of Massachusetts at three 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 two 
hundred and sixty-seven of the acts of nineteen hundred 
and fifty-five. 

Leo M. Harlow, 

Deputy Secretary of the Commonwealth. 



An Act authorizing the town of belmont to pay a sum (7/zap.268 

OF money to HAROLD A. WILKINS, FATHER OF ROY A. 
WILKINS. 

Be it enacted, etc., as follows: 

Section 1. The town of Belmont is hereby authorized 
to raise and pay to Harold A. Wilkins, father of Roy A. 
Wilkins, a minor, the sum of two hundred and eleven dollars 
and twenty-five cents to reimburse said Wilkins for expendi- 
tures made by him for medical services and hospitalization 
of his minor son, said expenditures ha\ang been incurred 
because of personal injuries received by said minor while 
attending as a student in the Belmont public schools. 

Section 2. Any action taken by the town meeting during 
the current year pursuant to authority contained in section 



156 Acts, 1955. — Chaps. 269, 270. 

one shall be valid and effective as though this act were in 
effect at the time of the posting of the warrant for said 
meeting. Approved April 7, 1955. 



Chap.269 An Act relative to the burden of proof in certain 

PROSECUTIONS FOR TRESPASS. 

Emergency Whereas, The deferred operation of this act would tend to 

pream e. defeat its purpose, which is to make immediately applicable 
certain provisions relative to the burden of proof in certain 
prosecutions for trespass, 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: 

Ed.K'ieeT'new Chapter 266 of the General Laws is hereby amended by 
§ 126a, added, inserting after section 120 the following section: — Section 
ki"^ert° hf ^"^""^ i^OA. In any prosecution for committing the crime of tres- 
prosecutions, p^gs by parking a motor vehicle upon a private way or upon 
improved or enclosed land, proof that the defendant named 
in the complaint was at the time of such parking the regis- 
tered owner of such vehicle shall be prima facie evidence that 
the defendant was the person who parked such vehicle upon 
such way or land at such time. Approved April 11, 1955. 



Chap.270 An Act authorizing the town of tolland to vote at a 

SPECIAL town meeting ON THE QUESTION OF THE SALE 
OF ALCOHOLIC BEVERAGES. 

Be it enacted, etc., as follows: 

Section 1. Not\\ithstanding any limitations imposed by 
section eleven of chapter one hundred and thirty-eight of 
the General Laws as to the time for voting upon the questions 
therein set forth, the town of Tolland is hereby authorized 
to insert in the warrant for a special town meeting to be held 
in nineteen hundred and fifty-five an article providing for a 
vote upon the following question: — "Shall licenses be 
granted in this town for the sale therein of all alcohoUc 
beverages (whiskey, rum, gin, malt beverages, wines and all 
other alcoholic beverages)?" 

Section 2. Such vote shall be taken by a written ballot 
upon which shall be placed question A as it appears in 
section eleven of chapter one hundred and thirty-eight of the 
General Laws. 

Section 3. The votes taken in the towni of Tolland at the 
last biennial state election under the provisions of said section 
eleven shall have no further force or effect from and after the 
taking of the votes authorized in section one of this act. 

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

Approved April 11, 1955. 



Acts, 1955. — Chaps. 271, 272, 273. 157 



An Act making certain laws affecting veterans and Chap. 271 

THEIR organizations APPLICABLE TO THE POLISH-AMERI- 
CAN veterans OF MASSACHUSETTS, INC., AND ITS AFFILI- 
ATED POSTS. 

Be it enacted, etc., as follows: 

Section 1. Clause (12) of section 5 of chapter 40 of the g. l. (Ter. 
General Laws, as amended, is hereby further amended by fici! 'amended, 
inserting after the word "(Incorporated)", in line 40, as 
appearing in section 2 of chapter 27 of the acts of 1950, the 
words: — , and the Polish- American Veterans of Massa- Poiish- 
chusetts. Inc., and its affihated posts. v^erLnTof 

Section 2. Section 70 of chapter 266 of the General Massachusetts, 
Laws, as amended, is hereby further amended by inserting q^^ (Ter 
after the word "Association", in line 19, as appearing in Fd.), 266, §7o, 
section 3 of chapter 27 of the acts of 1950, the words: — , ^ " ' ^°^^°'-'^ • 
Polish-American Veterans of Massachusetts, Inc., and its same subject, 
affiliated posts. Approved April 11, 1955. 

An Act providing for the issuance of search warrants Chap.272 

FOR books, records AND MATERIAL BELONGING TO SUB- 
VERSIVE organizations. 

Be it enacted, etc., as follows: 

Section 1. Chapter 276 of the General Laws is hereby g. l. (Ter. 
amended by inserting after section 1 the following section: — f ia, idd'ed!^ 
Section lA. A justice of the superior court, upon applica- issuance of 
tion of the attorney general or a district attorney, and upon jnnt^iJ'res ect 
complaint on oath that the complainant believes that any of to subversive 
the property or articles hereinafter named are concealed in aufhoHzed°°^' 
a particular house or place, if satisfied that there is a reason- 
able cause for such behef, may issue a warrant to search for 
the following property or articles: books, records, files, mem- 
bership fists, funds, referred to in sections eighteen and 
twenty-one of chapter two hundred and sixty-four, or written 
or printed documents, paper or pictorial representations, re- 
ferred to in section eleven of said chapter two hundred and 
sixty-four, belonging to a subversive organization as defined 
in said section eighteen, or used, provided for, or intended to 
be used for, the purposes specified in said section eleven. 

Section 2. This act shall take effect on October first, Effective date, 
nineteen hundred and fifty-five 

Approved April 11, 1955. 

An Act authorizing the town of Randolph to con- Chap.27S 

STRUCT AND OPERATE A SYSTEM OR SYSTEMS OF SEWER- 
AGE AND SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 

Section 1. The town of Randolph, hereinafter called 
the town, may lay out, construct, maintain and operate a 
system or systems of main and common sewers for a part or 



158 Acts, 1955. — Chap. 273. 

the whole of its territory, with such connections, pumping 
stations and other works as may be required for a system of 
sewage disposal, and may construct such sewers in said town 
as may be necessary to conduct the sewage of said town to 
the south metropolitan sewerage system. 

Section 2. Said town upon acquiring the necessary ease- 
ments or other rights, under section six or otherwise, may 
make and maintain main or common sewers in any private 
way in said town for the purpose of serving abutting estates 
or for other purposes of the sewer system ; provided, that as 
to any private way in which such construction and main- 
tenance would, except for this act, be barred by the pro- 
visions of section seventy-seven of chapter forty-one of the 
General Laws, or other general law, the town shall have 
voted prior to the beginning of construction therein that the 
sewer system shall be extended to such private way. 

Section 3. The town may make and maintain, in any 
way therein where main or common sewers are constructed, 
such connecting sewers within the limits of such way as may 
be necessary to connect any estate which abuts upon the 
way. 

Section 4. The town may, at the meeting when this act 
is accepted, vote that the selectmen shall act as a board of 
sewer commissioners. If the town does not so vote at said 
meeting, the town manager shall appoint a board of three 
sewer commissioners, who shall be citizens of the town. 

Section 5. Until the board of sewer commissioners has 
first been appointed by the town manager as provided in 
this act, or the selectmen have first been authorized by vote 
to act as such board, as the case may be, but not in any event 
later than the second annual meeting after the commence- 
ment of the work of construction authorized hereby, the 
town may carry on such work by a duly authorized com- 
mittee of the town. The committee shall serve without pay 
and shall have all the powers and authority given to the 
board of sewer commissioners in this act or by general law. 
Whenever the phrase "said board of sewer commissioners" 
or "said board" hereinafter occurs, it shall mean and include 
the board of sewer commissioners, the selectmen acting as 
such, or the committee of the town provided for in this 
section, as the case may be. 

Section 6. The 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, pubhc or private, in said town, necessary 
for accomplishing any purpose mentioned in this act, and 
may construct such sewers under or over any bridge, rail- 
road, railway, boulevard or other public way, or within the 
location of any railroad, and may enter upon and dig up any 
private land, public way or railroad location, for the pur- 
pose of laying such sewers and of maintaining and repairing 
the same, and may do any other thing proper or necessary 



Acts, 1955. — Chap. 273. 159 

for the purposes of this act; provided, that they shall not 
take in fee any land of a railroad corporation, and that they 
shall not enter upon or construct any sewer within the 
location of any railroad corporation except at such time and 
in such manner as they may agree upon with such corpora- 
tion, or in case of failure to agree, as may be approved by the 
department of public utilities. 

Section 7. 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 8. The town shall, by vote, determine whether 
it shall pay the whole or a portion of the cost of said system 
or systems of sewerage and sewage disposal and if a portion, 
what portion of the whole cost. In providing for the payment 
of the remaining portion of the cost of said system or systems 
or for the use of said system or systems, the town may avail 
itself of any or all of the methods permitted by General 
Laws, and the provisions of said General Laws relative to the 
assessment, apportionment, division, reassessment, abate- 
ment and collection of sewer assessments, to liens therefor 
and to interest thereon shall apply to assessments made 
under this act, except that interest shall be at the rate of 
four per cent per annum. At the same meeting at which it 
determines the proportion of the cost which is to be borne by 
the town, it may by vote determine by which of such methods 
the remaining portion of said cost shall be provided for. 
The collector of taxes of said town shall certify the payment 
or payments of such assessments or apportionments thereof 
to the board of sewer commissioners, who shall preserve a 
record thereof. 

Section 9. For the purpose of paying the necessary ex- 
penses and liabilities incurred under this act, the town may 
from time to time borrow such sums as may be necessary, 
not exceeding in the aggregate four million, five hundred 
thousand dollars; provided, however, that the total outstand- 
ing indebtedness authorized under this section shall not ex- 
ceed two million dollars at any time, and may issue bonds or 
notes therefor, which shall bear on their face the words, 
Randolph Sewerage Loan, Act of 1955. Each authorized 
issue shall constitute a separate loan. Indebtedness in- 
curred under this act shall be in excess of the statutory limit, 
but shall, except as provided herein, be subject to chapter 
forty-four of the General Laws, inclusive of the limitation 
contained in the first paragraph of section seven thereof. 

Section 10. The receipts from sewer assessments and 
from payments made in lieu thereof shall be appropriated 
for and appUed to the payment of charges and expenses in- 
cident to the maintenance and operation of the 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. 



160 Acts, 1955. — Chap. 273. 

Section 11. The board of sewer commissioners may an- 
nually appoint a clerk and may appoint a superintendent of 
sewers who shall not be a member of the board. It may 
remove the clerk or superintendent at its pleasure and shall 
define their duties. The board may, at its discretion, pre- 
scribe for the users of the sewer system or systems such an- 
nual rentals or charges based upon the benefits derived there- 
from as it may deem proper, subject, however, to such rules 
and regulations as shall be adopted by vote of the town. 

Section 12. 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 obhgation incurred by the board for any purpose in excess 
of the amount of money appropriated by the town therefor. 

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

Section 14. The town of Randolph, through the board 
of sewer commissioners, may, upon the application of the 
owner of any estate abutting on any public or private way 
where a common sewer is constructed, lay in such sewered 
way, and in the private land of such owner such particular 
sewer as may be necessary to connect any building on such 
estate with such sewer, and said board may make all neces- 
sary contracts in the name and behalf of the to^\^l for such 
purpose. The expenses thereof shall be paid out of a re- 
volving fund not to exceed two hundred thousand dollars 
which may be established from funds borrowed under 
section nine. The cost of constructing each particular sewer 
shall be assessed by the board of sewer commissioners upon 
the estate benefited thereby. Such assessment shall be made 
by filing with the board of assessors of the town a certificate, 
designating the way and the private land in which such par- 
ticular sewer has been constructed, and giving the name or 
names of the owners of the estate for which such connection 
has been made and the amount of the assessment to be paid 
by such owner or owners. A copy or duplicate of this cer- 
tificate shall, within ten days after the filing of the same 
with the board of assessors, be recorded in the registry of 
deeds for the county of Norfolk, or, in the case of registered 
land, filed in the office of the assistant recorder for Norfolk 
county registry district. The board of assessors shall, upon 
receipt of such certificate, forthwith commit such assess- 
ments or charges with their warrant to the collector of taxes, 



Acts, 1955. — Chap. 273. 161 

who shall forthwith make a demand in writing for the pay- 
ment of such assessments or charges, and every owner shall, 
within three months after such demand is served upon him 
or on the occupant of such estate, or sent by mail to the last 
address of the owner known to the collector of taxes, pay to 
the collector of taxes the sum so assessed or charged. The 
collector of taxes shall deposit all sums received from such 
assessment with the treasurer of the town, who shall credit 
the same to the revolving fund for the use of the board of 
sewer commissioners. Except as herein provided, the pro- 
visions of general law relative to the assessment, apportion- 
ment, division, reassessment, abatement and collection of 
sewer assessments, to liens therefor and to interest thereon, 
shall apply to assessments made under this section. In ap- 
plying said provisions to assessments made under this 
section, the notice referred to therein shall be deemed to be 
the demand of the tax collector required hereby. The lien 
for any assessment made under this section shall attach upon 
the recording or filing for registration of the copy or duplicate 
of the certificate of assessment. In the apportionment of 
assessments made under this section no installment shall be 
less than five dollars. 

Section 15. The provisions of this section shall be opera- 
tive only if the town of Randolph at the meeting at which this 
act is accepted shall vote, separately, to accept said pro- 
visions. Each owner of a building upon land abutting a 
public or private way in which there is a common sewer shall 
within a reasonable time, to be fixed by the board of sewer 
commissioners, after construction of such sewer in such way 
connect such building therewith, unless on application of the 
owner the board of health shall find that the non-connection 
of such building with the common sewer does not in reason- 
able likelihood endanger the public health. 

Section 16. No act shall be done under authority of the 
preceding sections, except in the making of surveys and other 
preliminary investigations, until the plans of the system of 
sewerage and sewage disposal have been approved by the 
department of public health. Upon apphcation to the de- 
partment 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 the system of sewerage and 
sewage disposal shall be submitted for approval by the 
department. 

Section 17. Subject to the provisions of section fifteen, 
this act shall take full effect upon its acceptance by vote of 
a majority of the voters of the town voting thereon at any 
annual or special town meeting called for the purpose within 
five years after its passage, but not others\ase. No expendi- 
ture shall be made and no Uability incurred hereunder until 
the acceptance of this act. Approved April 11, 1955. 



162 



Acts, 1955. — Chaps. 274, 275. 



Chap. 21 4: An Act providing that a bonded employee shall not be 

REQUIRED TO FURNISH INFORMATION AS TO RACE, COLOR, 
RELIGIOUS CREED, NATIONAL ORIGIN OR ANCESTRY IN HIS 
APPLICATION FOR BOND. 

Be it enacted, etc., as follows: 

EdYiliB §4 Section 4 of chapter 151B of the General Laws is hereby 
etc., 'amended. ' amended by inserting after subsection 3, as amended by 
section 8 of chapter 697 of the acts of 1950, the following 
subsection: — 

3 A. For any person engaged in the insurance or bonding 
business, or his agent, to make any inquiry or record of any 
person seeking a bond or surety bond conditioned upon the 
faithful performance of his duties or to use any form of 
application, in connection with the furnishing of such bond, 
which seeks information relative to the race, color, rehgious 
creed, national origin or ancestry of the person to be bonded. 

Approved April 12, 1955. 



Unlawful 

employment 

practices. 



Consolidation 
of trust and 
banking 
companies, 
regulated. 



Chap.276 ^^ Act relative to the consolidation of trust com- 
panies AND BANKING COMPANIES. 

Be it enacted, etc., as follows: 

Ed^'i72%44 Section 1. Chapter 172 of the General Laws is hereby 
etc', amended. ' amended by striking out section 44, as most recently amended 
by section 1 of chapter 87 of the acts of 1946, and inserting 
in place thereof the following section : — Section 44- With 
the written approval of the commissioner, (a) any trust com- 
pany, any banking company, or any national banking as- 
sociation engaged in the business of banking in the common- 
wealth may, upon compliance with the provisions of section 
forty-six B of chapter one hundred and fifty-six, which are 
hereby made applicable in all such cases, and subject, as to 
any such trust company or banking company, to the pro- 
visions of section forty-six E of chapter one hundred and 
fifty-six as modified for the purposes of this section by the 
provisions hereof, consolidate or merge into any trust com- 
pany; (6) any trust company or banking company may, 
subject to the provisions of sections forty-two and forty-six 
of chapter one hundred and fifty-six as modified for the pur- 
poses of this section by the provisions hereof, or any such 
national banking association may sell or exchange all or 
substantially all of its property and assets to or with any 
trust company and any trust company may purchase all or 
substantially all of the assets of any trust company or any 
banking company or any such national banking association; 
and (c) by vote, at a meeting duly called for the purpose, of 
two thirds of each class of its stock outstanding and en- 
titled to vote and upon execution by a majority of its direc- 
tors in form satisfactory to the commissioner of an agree- 
ment of association, an organization certificate and such 
other instruments as the commissioner shall prescribe, any 



Acts, 1955. — Chap. 275. 163 

such national banking association having an unimpaired capi- 
tal stock sufficient in value or amount to satisfy the provi- 
sions of section eighteen may, upon approval by the board 
of bank incorporation, be converted into a trust company 
and shall not, in connection with or upon such conversion, 
be subject to the requirements of this chapter with respect 
to the organization and commencement of business of trust 
companies; provided, however, that such conversion shall 
not be in contravention of the laws of the United States. 
Nothing in this section nor in the General Laws shall restrict 
the right of a trust company or banking company to con- 
solidate or merge into or convert into a national banking 
association in accordance with the laws of the United States 
and without approval of any authority of the common- 
wealth. For the purposes of either clause (a) or clause (5) 
of the first sentence of this section, the value of the stock of 
stockholders of a trust company or banking company who 
have, as provided in, as applicable, section forty-six E or 
section forty-six of chapter one hundred and fifty-six voted 
against any action authorized by such clause shall be as- 
certained by three disinterested persons, one of whom shall 
be named bj'' the stockholders who have so voted, or in the 
absence of agreement by such stockholders, by the commis- 
sioner, one by the trust company or banking company and 
the third by the two thus chosen. The continuing trust com- 
pany into which a trust company, banking company or a 
national banking association shall have been consolidated or 
merged or into which a national banking association shall 
have been converted under this section shall be considered 
the same business and corporate entity as that of the con- 
solidating or merging or converting institution, although the 
rights, powers and duties of the continuing trust company 
shall be those estabhshed by its charter. The charter of 
any trust company or banking company which shall have 
been consolidated or merged into or the business and sub- 
stantially all of the property and assets of which shall have 
been purchased or absorbed by a trust company or national 
banking association, or the affairs of which shall have been 
liquidated, shall be void except for the purpose of discharg- 
ing existing obhgations and habilities. 

Section 2. Chapter 172A of the General Laws is hereby g. l. (Ter. 
amended by striking out section 12A, inserted by chapter § i2a, etc,' 
281 of the acts of 1948, and inserting in place thereof the "mended. 
following section: — Section 12 A. With the written a p- Certain corpo- 
proval of the commissioner any such corporation may con- Itl^, fcg^Ited. 
solidate or merge into another such corporation in the manner 
provided in section forty-four of chapter one hundred and 
seventy-two for the consohdation or merger of such a cor- 
poration into a trust company; and with the written ap- 
proval of the commissioner any .such corporation may sell or 
exchange all or substantially all of its property and assets 
to or purchase all or substantially all of the property and 
assets of another such corporation subject to the provisions 



164 Acts, 1955. — Chaps. 276, 277. 

of sections forty-two and forty-six of chapter one hundred 
and fifty-six. The charter of any such corporation the busi- 
ness of which has been consohdated or merged into another 
such corporation, bank or trust company, or the affairs of 
which have been hquidated, shall be void except for the 
purpose of discharging obligations and liabilities. 

Approved April 12, 1955. 

Chap.27Q An Act increasing temporarily the tax imposed by the 

COMMONWEALTH ON AMOUNTS WAGERED AT CERTAIN HORSE 
AND DOG RACING MEETINGS CONDUCTED UNDER THE PARI- 
MUTUEL OR CERTIFICATE SYSTEM OF WAGERING. 

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

defeat its purpose, which is to make available immediately 
revenue for the old age assistance fund, therefore it is hereby 
declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follow s: 

In addition to any amount required to be withheld under 
the provisions of section five of chapter one hundred and 
twenty-eight A of the General Laws by a licensee conducting 
a horse or dog racing meeting, such licensee shall withhold 
an amount equal to two per cent of t^e total amount wagered 
on each day of such meeting conducted during the years 
nineteen hundred and fifty-five and nineteen hundred and 
fifty-six and shall pay the same to the state racing commis- 
sion on the day following. The amount received under the 
provision of this act from licensees conducting horse or dog 
racing meetings in connection with a state or county fair 
shall be credited to the old age assistance fund established 
under section eleven of chapter one hundred and eighteen A 
of the General Laws, notwithstanding any provision of sec- 
tion fifteen of said chapter one hundred and twenty-eight A 
to the contrary. Approved April 12, 1955. 

Chap.277 An Act relative to the use of the unexpended pro- 
ceeds OF certain bond issues of the metropolitan 

TRANSIT AUTHORITY. 

Be it enacted, etc., as follows: 

Section L Paragraph (j) of section 8 A of chapter 544 
of the acts of 1947, as most recently amended by section 1 
of chapter 433 of the acts of 1953, is hereby further amended 
by adding at the end the following : — 

Notwithstanding any other provision of this paragraph, 
if the trustees of the authority determine that any unex- 
pended proceeds of bonds issued by the authority under 
this paragraph for any purpose other than for providing 
funds to make alterations under paragraph (z) of this section 
or to pay any damages recovered under said paragraph (i) 
are not needed for the purpose for which such bonds were 



Acts, 1955. — Chap. 277. 165 

issued, such unexpended proceeds may be used for the 
purpose of making alterations under said paragraph (i), 
inckiding the alteration authorized by chapter three hun- 
dred and fifty-nine of the acts of nineteen hundred and 
fifty-four, or for the purpose of paying any damages re- 
covered under said paragraph (i) or for restoring to the 
treasury of the authority funds which have been expended 
for said 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 au- 
thority, in not more than one year from the date of such 
purchase; provided, that the amount of such unexpended 
proceeds used as aforesaid for making alterations under said 
paragraph (i) shall be included in determining the amount 
of bonds which may be issued within the limitation con- 
tained in this section as to the amount which may be pro- 
vided by issue of bonds to make alterations under said 
paragraph (i). 

Section 2. Section 6 of chapter 649 of the acts of 1949, 
as most recently amended by section 3 of chapter 433 of 
the acts of 1953, is hereby amended by adding at the end 
the following : — 

Notwithstanding any other provision of this section, if 
the trustees of the authority determine that any unexpended 
proceeds of bonds issued by the authority under this section 
for the purpose of providing funds for the project authorized 
by section three C, or for the purpose of providing funds for 
the work authorized by chapter six hundred and thirteen of 
the acts of nineteen hundred and fifty-two, are not needed 
for the purpose for which such bonds were issued, such un- 
expended proceeds may be used for the purpose of making 
alterations under paragraph (i) of section eight A of chapter 
five hundred and forty-four of the acts of nineteen hundred 
and forty-seven, as amended, including the alteration au- 
thorized by chapter three hundred and fifty-nine of the acts 
of nineteen hundred and fifty-four, or for the purpose of 
paying any damages recovered under said paragraph (i) or 
for restoring to the treasury of the authority funds which 
have been expended for said 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, that the amount of 
such unexpended proceeds used as aforesaid for making 
alterations under said paragraph (i) shall be included in 
determining the amount of bonds which may be issued 
within the limitation contained in paragraph (j) of said 
section eight A as to the amount which may be provided 
by issue of bonds to make alterations under said paragraph 

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

Approved April 15, 1955. 



166 Acts, 1955. — Chaps. 278, 279, 280. 



Chap. 21 S An Act designating the medical and infirmary build- 
ing AT THE DANVERS STATE HOSPITAL AS THE CLARENCE 
A. BONNER BUILDING. 

Be it enacted, etc., as follows: 

Section 1. The new medical and infirmary building being 
erected at the Danvers state hospital shall be known and 
designated as the Clarence A. Bonner Building in honor of 
Dr. Clarence A, Bonner, who retired from the service of the 
commonwealth in November, nineteen hundred and fifty- 
three, after serving more than twenty-five years as superin- 
tendent of said hospital. 

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

Approved April 15, 1955. 

Chap. 279 An Act designating the building for psychotic chil- 
dren at the metropolitan state hospital as the 
gaebler children's unit. 

Be it enacted, etc., as follows: 

Section 1. The new building for psychotic children 
erected at the Metropohtan state hospital shall be known 
and designated as the Gaebler Children's Unit in honor of 
Dr. William C. Gaebler, former superintendent, in consider- 
ation of his long and meritorious service in the care of the 
less fortunate members of the community. 

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

Approved April 15, 1955. 

Chap. 2S0 An Act making certain corrective changes in the law 
relative to payment by the metropolitan transit 
authority to certain employees in military service. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 720 of the acts of 1950 
is hereby amended by striking out, in lines 3 to 5, inclusive, 
the words "eleven, seventeen, eighteen, nineteen, one hun- 
dred and five or one hundred and fifty-four" and inserting 
in place thereof the words : — thirty-eight, forty, forty-one, 
forty-two and sixty, — and by inserting after the word 
"forces" in line 9 the words: — or of the organized reserve 
of the United States Air Force, — so as to read as follows: — 
Section 1. Any employee of the Metropolitan Transit Au- 
thority shall be entitled, during the time of his service in 
the organized mihtia, under sections thirty-eight, forty, forty- 
one, forty-two and sixty of chapter thirty-three of the Gen- 
eral Laws, or during his annual tour of duty of not exceeding 
fifteen days as a member of the organized reserve of the 
army of the United States or of the United States naval 
reserve forces or of the organized reserve of the United 
States Air Force, to receive pay therefor, without loss of 
his ordinary remuneration as an employee of the Metro- 



Acts, 1955. —Chaps. 281, 282. 167 

politan Transit Authority, and shall also be entitled to the 
same leaves of absence or vacation with pay given to other 
Uke employees. 
Section 2. This act shall take effect upon its passage. 

Approved April 15, 1955. 

An Act authorizing the commontv'ealth to convey a Chav 281 

CERTAIN PARCEL OF LAND TO THE TOWN OF WEST SPRING- 
FIELD. 

Be it enacted, etc., as follows: 

Section 1. The commissioner of natural resources, in the 
name and on behalf of the commonwealth, is hereby author- 
ized, subject to the approval of the governor and council, to 
convey for a nominal consideration to the town of West 
Springfield, by a deed approved as to form by the attorney 
general, all the right, title and interest of the commonwealth 
in and to a certain parcel of land situated in said town and 
bounded and described as follows : — 

Beginning at a concrete bound at the northeasterly corner 
of Lot #235 as shown on plan of Tatham Heights recorded 
in the Hampden County Registry of Deeds, Book of Plans 25, 
Page 12; thence N. 50° 35' 50" E. eighty and 08/100 feet 
to a concrete bound; thence N. 58° 04' 20" E. seventy and 
50/100 feet to a concrete bound; thence N. 46° 55' 13" E. 
six hundred seventy-two and 32/100 feet to a concrete bound; 
thence S. 4° 37' 30" E. twelve hundred and ten feet to a 
point; thence S. 10° 29' 02" W. three hundred seventeen 
and 17/100 feet to a point; thence S. 85° 22' 30" W. five 
hundred seventy-four and 92/100 feet to a concrete bound; 
thence N. 4° 37' 30" W. one thousand twenty and 88/100 
feet to the concrete bound at the point of beginning. 

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

Approved April 15, 1955. 

An Act amending the law providing for a special Chap.282 

CAPITAL OUTLAY PROGRAM FOR THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Chapter 660 of the acts of 1953 is hereby 
amended by striking out section 3 and inserting in place 
thereof the following section : — Section 3. Except as other- 
wise pro\dded in this act, no payment shall be made or 
obligation incurred in carrying out any of the aforesaid 
projects until plans, specifications and contracts therefor, 
and alterations thereto subsequently proposed, have been 
approved by the Massachusetts public building commission, 
unless otherwise provided by such rules or regulations as said 
commission may make. 

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

Approved April 15, 1955. 



168 



Acts, 1955. — Chaps. 283, 284. 



Chap. 283 An Act relative to the coverage of motor vehicles 

AND TRAILERS UNDER COMPULSORY MOTOR VEHICLE LIA- 
BILITY POLICIES OR BONDS IN CASE OF DEATH OF THE 
OWNERS OF SUCH VEHICLES. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 90, § 2, 
etc., amended. 



Coverage under 
compulsory 
liability upon 
death of owner, 
provided. 



G. L. (Ter. 
Ed.), 175, 
§ 113A, etc., 
amended. 



Application of 
act. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to provide coverage forth- 
with for certain motor vehicles in case of the death of the 
owner thereof, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Section 1. The fourth paragraph of section 2 of chapter 
90 of the General Laws, as most recently amended by chap- 
ter 5 of the acts of 1932, is hereby further amended by add- 
ing at the end thereof the following words : — ; and provided, 
further, that if the owner of a motor vehicle or trailer for 
which a certificate of registration has been issued for the 
following calendar year dies prior to the beginning of said 
calendar year, such motor vehicle or trailer shall be deemed 
to be validly registered and said registration shall continue 
in force until the end of the following year, or until the owner- 
ship of such motor vehicle or trailer is transferred by the 
legal representative of the estate of such owner, whichever 
occurs first, subject, however, to all provisions of law appli- 
cable generally to registrations of motor vehicles or trailers. 

Section 2. Provision (6) of section 113A of chapter 175 
of the General Laws, as most recently amended by section 1 
of chapter 693 of the acts of 1949, is hereby further amended 
by striking out, in fine 8, the words "within the policy 
period". 

Section 3. This act shall apply to all causes of action of 
tort arising out of the operation of motor vehicles on the 
ways of the commonwealth which have not been prosecuted 
to final judgment or discharge. A-pproved April 15, 1955. 



Chap. 



284 An Act to extend the time within which counties, 

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



Emergency 
preamble. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to make available without 
interruption to counties, cities, towns and districts financial 
assistance by the federal government for pubhc woi'ks proj- 
ects, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public con- 
venience. 

Be it enacted, etc., as follows: 

Section 6 of chapter 74 of the acts of 1945, as most re- 
cently amended by chapter 173 of the acts of 1953, is hereby 



Acts, 1955. — Chaps. 285, 286, 287. 169 

further amended by striking out, in line 4, the word "fifty- 
five" and inserting in place thereof the word: — fifty-seven, 
— so as to read as follows : — Section 6. Loans by counties, 
cities, towns and districts may be authorized under the pro- 
visions of this act until July first, nineteen hundred and 
fifty-seven. Approved April Id, 1955. 

An Act abolishing the power of the department of Chav. 285 

PUBLIC UTILITIES TO ADOPT CERTAIN PROCEDURAL RULES. 

Whereas, The deferred operation of this act would tend ^rTambie''^ 
to defeat its purpose which is to repeal forthwith the specific 
authorization of the department of pubhc utilities to adopt 
procedural rules, so that state agencies may be governed in 
a uniform manner with reference to administrative procedure, 
as provided by chapter thirty A of the General I>aws, which 
takes effect on July first, nineteen hundred and fifty-five, 
therefore it is hereby declared to be an emergency law 
necessary for the immediate preservation of the public con- 
venience and welfare. 

Be it enacted, etc., as follows: 

Section 1. Section 4 of chapter 25 of the General Laws g l. (Ter. 
is hereby amended by striking out the second paragraph, etc!, amended, 
added by chapter 101 of the acts of 1951. 

Section 2. This act shall take effect on July first, nine- Effective 
teen hundred and fifty-five. Approved April 15, 1955. 

An Act relative to watertown firefighters relief Chap.28Q 
association, inc. 

Be it enacted, etc., as follows: 

Watertown Firefighters Relief Association, Inc., a corpora- 
tion duly organized under the laws of the commonwealth, is 
hereby authorized, upon the death of any pensioned mem- 
ber of the fire department of the town of Watertown, who 
is a member of the Watertown Firefighters Rehef Associa- 
tion, Inc., and who is entitled to receive benefits under the 
by-laws of said corporation, to pay a death benefit in the 
amount to which said member was entitled at the time of his 
retirement as an active member of said fire department, but 
not less than five hundred dollars. 

Approved April 15, 1955. 

An Act providing for the installation of an elevator Chap. 281 

IN the superior court BUILDING AT LAWRENCE. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Essex county 
are hereby authorized to raise and expend a sum not ex- 
ceeding fifty thousand dollars for the purpose of providing 
for the installation of an elevator in the superior court build- 
ing in the city of Lawrence, and for such purpose said county 



170 Acts, 1955. — Chaps. 288, 289. 

commissioners may make additions to said building or parts 
thereof and remodel or alter said building, and do all things 
necessary and incidental thereto, the contract to be awarded 
to the lowest responsible and ehgible bidder. 

Section 2, For the purpose of meeting the expenses 
authorized by section one, the county treasurer with the 
approval of the county conmaissioners may borrow upon the 
credit of the county a sum not exceeding fifty thousand dol- 
lars and may issue bonds or notes of the county therefor 
which shall bear on their face the words, Essex County Ele- 
vator Loan, Act of 1955; and such bonds or notes shall be 
payable in not more than five years from the date of issue. 
The bonds or notes shall be signed by the county treasurer 
and countersigned by a majority of the county commis- 
sioners. The county may sell said securities at pubhc or 
private sale, upon such terms and conditions as the county 
commissioners may deem proper, but not for less than their 
par value. Indebtedness incurred under this act shall, ex- 
cept as herein provided, be subject to chapter thirty-five of 
the General Laws. 

Section 3. This act shall take full effect upon its ac- 
ceptance by the county commissioners of the county of 
Essex, but not otherwise. Approved April 15, 1955. 

C hap. 2S8 ^ Act relative to certificates of nominations. 
Be it enacted, etc., as follows: 

Ed^"53^§5 Section L Section 5 of chapter 53 of the General Laws 

etc!, 'amended, is hereby amended by striking out the second paragraph, in- 
serted by chapter 141 of the acts of 1947, and inserting in 
place thereof the following paragraph : — 
Certificate of No such Certificate of nomination, except for presidential 
pre^iS?ri^°'^ electors, shall be received or be valid unless the written ac- 
re^uiated ceptauce of the candidate or candidates thereby nominated 

shall be filed therewith. 
EdV'sJ^ls Section 2. The first paragraph of section 8 of said chap- 

eto!, 'amended, ter 53, as appearing in section 4 of chapter 334 of the acts 
of 1943, is hereby amended by inserting after the third sen- 
^resld^Hal^ tence the following sentence : — Such surnames shall be 
candidates. fumishcd by the state chairmen of the respective poHtical 
parties not later than the second Tuesday of September. 

Approved April 15, 1955. 

Chap. 2S9 An Act relative to poultry slaughtering houses. 

Be it enacted, etc., as follows: 

G. L. (Ter. Scctiou 139 A of chapter 94 of the General Laws is hereby 

§ 139A, 'etc., amended by striking out the last paragraph, as amended by 
amended. chapter 339 of the acts of 1948, and inserting in place thereof 

the following paragraph : — 
Conduct of This section shall not apply to persons who are engaged in 

teringVouse^ the productiou in this commonwealth of poultry, including 

regulated. 



Acts, 1955. — Chaps. 290, 291. 171 

domestic chickens, fowl, ducks, geese and pheasants, or of 
turkeys and who slaughter such poultry or turkeys produced 
on their own farms. Approved April 15, 1955. 

An Act requiring the filing of annual returns by Chav 290 

CERTAIN corporations. 

Be it enacted, etc., as follows: 

Chapter 180 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 26A, as amended by chapter 225 of the f 26a,^^c.. 
acts of 1945, and inserting in place thereof the following sec- amended. 
tion: — Section 26 A. Every corporation except a church or Filing of 
rehgious organization heretofore or hereafter organized under by'^^ertafn^^^^ 
general or special law for any purpose mentioned in section corporations, 
two, or for the purpose of conducting a school of medicine, '"'^'^^'"^ ■ 
shall annually, on or before November first, prepare and sub- 
mit to the state secretary a certificate which shall be signed 
and sworn to by its president and treasurer, or its presiding 
and financial officers having the powers of president and 
treasurer, and a majority of its directors, or officers having 
the powers of directors, stating : — 

1. The name of the corporation. 

2. The location (with street address) of its principal ofiice 
or headquarters. 

3. The date of its last preceding annual meeting. 

4. The names and addresses of all the officers and directors, 
or officers having the powers of directors, of the corporation, 
and the date at which the term of office of each expires. 

The state secretary shall examine such certificate, and if Fee. 
he finds that it conforms to the requirements of this chapter 
he shall, upon payment of a fee of two dollars, file the same 
in his office. 

If the corporation fails to submit its certificate for two Revocation of 
successive years, the state secretary shall give notice thereof FaUurf to"^"^ 
by mail, postage prepaid, to such corporation in default. authoriiTd 
Failure of such corporation to submit the required certificates 
within ninety days after the notice of default has been given 
shall be sufficient cause for the revocation of its charter by 
the state secretary. Approved April 15, 1955. 

An Act authorizing towns to provide certain insur- Chap. 291 

ANCE against EXTRAORDINARY WORKMEN'S COMPENSATION 
LOSSES. 

Be it enacted, etc., as follows: 

Section 5 of chapter 40 of the General Laws is hereby EdVi^^s's 
amended by striking out clause (1), as most recently amended etcl, 'amended, 
by chapter 209 of the acts of 1953, and inserting in place 
thereof the following clause : — 

(1) To pay a proper charge of an insurance company for Certain work- 
acting as surety on the official bond of any town officer, to ^tron TnsTanTC 
pay a proper charge for effecting insurance providing in- '^"tho^'^e^ 
demnity for or protection to a town treasurer or a town col- 



172 Acts, 1955. — Chaps. 292, 293. 

lector of taxes against his liability for the loss, without fault, 
connivance or neglect on his part, of money for which he is 
accountable to the town, or to pay a proper charge for effect- 
ing insurance providing indemnity for or protection to any 
officer or employee of the town, or volunteer driver of fire 
apparatus of the town whose service as such is approved by 
the selectmen against loss by reason of his liabihty to pay 
damages to others for bodily injuries, including death at any 
time resulting therefrom, or for damage to property, caused 
by the operation, within the scope of his official duties or 
employment, of motor or other vehicles or vessels owned by 
the town, to an amount not exceeding twenty-five thousand 
dollars on account of injury to or death of one person, or not 
exceeding one hundred thousand dollars for any one accident, 
and not exceeding five thousand dollars on account of dam- 
age to property, or to pay a proper charge for effecting in- 
surance providing indemnity for or protection to any of the 
officers or employees of the town named in section one hun- 
dred of chapter forty-one against loss by reason of any ex- 
penses or damages within the provisions of said section, or to 
pay a proper charge to prevent loss by reason of destruction 
or damage of buildings or personal property by fire or other 
causes normally covered by fire insurance policies issued in 
the commonwealth, or to pay a proper charge for effecting 
insurance to cover the town's hability to pay workmen's 
compensation, or, if the town has elected to establish and 
maintain an insurance fund to pay workmen's compensation 
under section thirteen A of this chapter, or if the town has 
determined otherwise to pay such workmen's compensation 
direct, to pay a proper charge for aggregate excess or single 
accident reinsurance to protect the town from extraordinary 
workmen's compensation losses. Approved April 15, 1955. 

Chap. 2^2 An Act authorizing the issuance of fishing licenses to 

ALIENS. 

Be it enacted, etc., as follows: 

G^L. (Ter. Chapter 131 of the General Laws is hereby amended by 

§ 8A, etc.', striking out section 8 A, inserted by chapter 516 of the acts 
amended. ^£ 1949, and inserting in place thereof the following section: 

Fishing — Section 8A. In addition to the fishing licenses authorized 

foTaUena, by sectious seven and eight, any ahen may be issued a H- 
authorized. ceuse to fish in the inland waters of the commonwealth. The 
fee for such license shall be the same as that set forth for 
fishing hcenses in clause (2) of said section eight. 

Approved April 15, 1955. 

C hap. 29S An Act to provide that the department of public 

WORKS MAY TAKE BY EMINENT DOMAIN THE FAMILY 
BURIAL LOT OF THE HEIRS OF CHURCH TERRY. 

Emergency Whcreas, The deferred operation of this act would defeat 

preamble. [^q purposc, which is to implement the accelerated highway 



Acts, 1955. — Chap. 294. 173 

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

Be it enacted, etc., as follows: 

Section 1. The department of pubhc works is hereby 
authorized to take by eminent domain, under chapter 
seventy-nine or eighty A of the General Laws, for purposes 
of the accelerated highway program, the family burial lot of 
the heirs of Church Terry, deceased in 1892, located on the 
rear of land at 284 Meridian street in the city of Fall River. 

Section 2. Said department of pubUc works is hereby 
further authorized to make whatever arrangements are 
deemed necessary for the relocation of said burial lot. 

Section 3. For said purpose, said department may ex- 
pend such sums as may be available under chapter five 
hundred and fifty-six of the acts of nineteen hundred and 
fifty-two. Approved April 18, 1955. 

An Act providing for the adjustment of certain Chap. 294: 
grievances of certain employees of cities and 

TOWNS. 

Be it enacted, etc., as follows: 

Chapter 40 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 21 A, inserted by section 5 of chapter Mw^'§*2iB, 
798 of the acts of 1951, the following section: — Section 21 B. added. 
Any town b}'' by-law adopted at an annual town meeting, Establishment 
any city having a Plan D or Plan E charter by ordinance ^liatfoM'"^^ 
adopted in accordance with the provisions of its charter, and [^''c'ftfeg^''*'"'^ 
any other city by ordinance approved by its mayor may and towns, 
establish a personnel relations review board and may em- ^uthonzed. 
power such board to adjust the grievances of all employees 
of such town or city other than those appointed by the school 
committee; provided, that such a board, by such an adjust- 
ment, shall not involve the city or town in an expenditure of 
money in excess of the appropriation made for the use of 
such board. As used in this section, the word "grievance" 
shall be construed to mean any dispute between an employee 
of a cit}' or town and his appointing authority arising out of 
an exercise of administrative discretion by such authority 
under the contract of employment between the employee 
and the city or town, except a dispute concerning a change in 
one or more of the terms of such contract and except also a 
dispute which is, or upon proper appeal would be, within the 
jurisdiction of the civil service commission or the contribu- 
tory retirement appeal board. No ordinance establishing in 
any city a personnel relations review board required by this 
section to be approved by the mayor of such city shall be 
amended except by ordinance likewise approved. 

Approved April 18, 1955. 



174 Acts, 1955. — Chaps. 295, 296, 297. 



Chap. 295 An Act designating the metropolitan district com- 
mission PLAYGROUND AREA ON RIVER STREET IN THE 
MATTAPAN AREA OF THE CITY OF BOSTON AS THE REVEREND 
FRANCIS A. RYAN MEMORIAL PLAYGROUND. 

Be it enacted, etc., as follows: 

The area to be acquired by the metropohtan district 
commission from the Boston Housing Authority for play- 
ground purposes, located on the south side of River street 
in the Mattapan area of the city of Boston, under the pro- 
visions of chapter four hundred and fifty-eight of the acts of 
nineteen hundred and fifty-four, shall upon its completion as 
a playground be designated as the Reverend Francis A. 
Ryan Memorial Playground. The metropolitan district 
commission is hereby authorized and directed to erect on 
said playground a suitable marker bearing said designation. 

Approved April 18, 1956. 

Chap.296 An Act authorizing the metropolitan district commis- 
sion TO IMPROVE AND FURTHER DEVELOP THE BEAVER 
BROOK RESERVATION IN THE WAVERLEY OAKS SECTION OF 
THE TOWN OF BELMONT. 

Be it enacted, etc., as follows: 

The metropolitan district commission is hereby author- 
ized and directed to make such improvements and repairs in 
the Beaver Brook reservation in the Waverley Oaks section 
of the town of Belmont as it deems necessary for the further 
development and improvement of said reservation. For 
the purpose of this act the said commission may expend such 
sum as may be appropriated therefor. 

Approved April 18, 1955. 

Chap.297 An Act designating a certain play area located in the 

HYDE PARK DISTRICT OF THE CITY OF BOSTON AS THE 
JOHN H. DOOLEY MEMORIAL PLAYGROUND. 

Be it enacted, etc., as folloios: 

The playground for small children now under construction 
by the metropolitan district commission on Reservation 
road near the junction of Brainard street in the Hyde Park 
district of the city of Boston shall be known and designated 
as the John H. Dooley Memorial Playground. Said metro- 
politan district commission shall, upon completion of said 
playground, erect a suitable marker or tablet bearing such 
designation. Approved April 18, 1955. 



Acts, 1955. — Chaps. 298, 299, 300. 175 



An Act making the principal of the permanent school Chap. 298 

PENSION FUND IN THE CITY OF BOSTON AVAILABLE FOR 
THE PAYMENT OF PENSIONS UNDER THE LAWS RELATING 
THERETO. 

Be it enacted, etc., asfolloios: 

Section 9 of chapter 468 of the acts of 1951 is hereby 
amended by inserting after the word "fund", in line 14, 
the words : — , third out of the principal of the fund. 

Approved April 18, 1955. 

An Act relative to the care, control and maintenance C/iar). 299 

OF A certain bridge OVER THE TRACKS OF THE BOSTON 
& MAINE RAILROAD IN THE TOWN OF WEST BOYLSTON. 

Be it enacted, etc., as follows: 

Section 1. The care, control and maintenance of the 
bridge over the Boston & Maine Railroad tracks located at 
the Oakdale end of the Wachusett reservoir on Route 140 in 
the town of West Boylston is hereby transferred to the state 
department of public works and thereafter said bridge shall 
be a state highway and the cost of the care, control and main- 
tenance of said bridge shall be paid out of the Highway Fund. 
Said bridge shall thereafter be subject to the provisions of 
chapter four hundred and eighty-two of the acts of nineteen 
hundred and forty-eight. 

Section 2. Nothing in this act shall affect existing 
agreements, decrees, orders or statutes defining the duties 
and responsibilities of the Boston & JNlaine Railroad or of 
any public utility relative to said bridge. 

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

Approved April 20, 1955. 

An Act authorizing the weymouth retirement board C/iap. 300 

TO PAY member survivor BENEFITS TO MABEL E. DuVAL. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, and notwithstanding the provisions of any general 
or special law, the Weymouth retirement board shall pay 
to Mabel E. DuVal, widow of Donald DuVal, who served 
as master mechanic of the fire department of said town for 
a period of tliirty-four years and six months, the member 
survivor benefits under option (d) of section twelve of 
chapter thirty-two of the General Laws. Benefits here- 
under shall become payable as of the day next following the 
date for which said Donald DuVal last received regular 
compensation for his employment in the pubhc service of 
said town. 

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

Approved April 21, 1956. 



176 Acts, 1955. — Chaps. 301, 302. 



Chap. 301 An Act temporarily reviving the sterling leather co., 

INC. 

Be it enacted, etc., as follows: 

Section 1. Sterling Leather Co., Inc., a corporation 
dissolved October thirteenth, nineteen hundred and forty- 
three by decree of the supreme judicial court, is hereby 
revived and continued for a period of two years from the 
effective date of this act in order to allow it to bring a suit 
or suits to recover funds, and to allow suits to be brought 
against it. 

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

Approved April 21, 1955. 

Chap. "^02 An Act authorizing the city of Cambridge to sell for 

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, 
as amended by chapter 62 of the acts of 1954, is hereby 
amended by adding at the end the following : — 

Any or all of the following described parcel : — Beginning 
at a point in the easterly line of Grove street, said point 
being at the division line of Lot "A" and Lot # 1; 

Thence, northerly along said easterly line of Grove street, 
seventy-six and seventy-one one hundredths feet to the 
tangent point of a curve in said easterly line of Grove street; 

Thence, northerly and easterly along a curve of one hun- 
dred foot radius, one hundred eighty-four and forty-seven 
one hundredths feet to its other tangent point in the south- 
erly line of Blanchard road; 

Thence, easterly by said Blanchard road, two hundred 
fifty-two and sixty-eight one hundredths feet to a point in 
the division line of Lot "D" and Lot #19; 

Thence, southerly by said division line, one hundred 
twenty feet to a point; 

Thence, westerly by two Unes, one hundred one and 
twelve one hundredths feet and one hundred feet, respec- 
tively, to an angle; 

Thence, southwesterly, fifty feet to an angle; 

Thence, south^srly fifty feet to a point in the division line 
of Lot # 1 and Lot "A"; 

Thence, westerly by said division line, one hundred feet 
to the point of beginning; containing forty-four thousand 
five hundred and ninety-eight square feet, more or less. All 
above dimensions and area being more or less. 

The above described parcel of land is shown upon a plan 
entitled "Part of Fresh Pond Reservation, Cambridge, 
Massachusetts, for Proposed Housing Development", dated 
February 17, 1955, drawn by Edward Smith, Acting City 
Engineer, and on file in the oflace of the City Engineer of 



Acts, 1955. — Chaps. 303, 304. 177 

the city of Cambridge. Said plan shall be recorded in the 
Middlesex South Registry of Deeds. 

Section 2. This act shall take full effect upon its accept- 
ance, during the current year, by vote of the city council of 
the city of Cambridge subject to the provisions of its charter, 
but not otherwise. Approved April 21, 1955. 

An Act providing for an investigation and study rela- C/iax>. 303 

TIVE TO THE ESTABLISHMENT OF A MARKET AUTHORITY IN 
THE CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. Upon the acceptance of this act as herein- 
after provided, there shall be a committee composed of five 
persons to be appointed by the mayor of the city of Spring- 
field for the purpose of making an investigation and study 
relative to the advisability and feasibility of establishing a 
Springfield market authority. Said committee shall, in mak- 
ing its investigation and study, consider the subject matter 
of current house document numbered 1548, establishing the 
Springfield market authority and defining its powers and 
duties. 

Said committee shall report the results of its investiga- 
tion, survey and study hereunder, and its recommendations, 
if any, together with drafts of legislation necessary to carry 
such recommendations into effect, by filing the same with the 
mayor of said cit}^ on or before December thirty-first in the 
current year. 

Section 2. This act shall take effect upon its acceptance 
by the city council of the city of Springfield, subject to the 
pro\dsions of its charter, but not otherwise. 

Approved April 21, 1955. 

An Act authorizing the sale of live bait on the lord's C/iap. 304 

DAY. 

Be it enacted, etc., as follows: 

The second paragraph of section 6 of chapter 136 of the g. l. (Ter. 
General Laws, as appearing in section 6 of chapter 373 of etc!, 'amended. 
the acts of 1934, is hereby amended by inserting after the 
word "thereof", in hne 19, the following words: — ; the sale Sunday sales 
of live bait for use by fishermen for non-commercial purposes, authorized.' 

Approved April 22, 1955. 



The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston-, April 22, 1955. 

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

Dear Mr. Secretary : — I, Christian A. Herter, pursuant 
to the provisions of Article 48 of the amendments to the 



178 Acts, 1955. — Chap. 305. 

Constitution, the Referendum, II, Emergency Measures, 
hereby declare that in my opinion the immediate preserva- 
tion of the pubHc peace, health, safety and convenience re- 
quires the law entitled "An Act authorizing the Sale of Live 
Bait on the Lord's Day", and the enactment of which 
received my approval April 22, 1955 should take effect 
forthwith. 

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

Postponement of the operation of this act for ninety days 
would deprive the sporting fishermen of the Commonwealth 
their right to purchase hve bait on Sundays during most of 
the present fishing season as this year's season opened 
on April 15. 

Very truly yours, 

Christian A. Herter, 
Governor of the Commonwealth. 



Office of the Sbcrbtaby, Boston, April 22, 1955. 

I, Leo M. Harlow, Deputy Secretary of the Conmaon- 
wealth, hereby certify that the accompanying statement was 
filed in this office by His Excellency the Governor of the 
Commonwealth of Massachusetts at three o'clock, P.M., on 
the above date, and in accordance with Article Forty-eight 
of the Amendments to the Constitution said chapter takes 
effect forthwith, being chapter three hundred and four of 
the acts of nineteen hundred and fifty-five. 

Leo M. Harlow, 

Deputy Secretary of the Commonwealth. 

Chap.S05 An Act making certain changes in the laws relative 

TO THE ELIGIBILITY OF VETERANS FOR VETERANS' BENEFITS. 

Emergency Wheveas, The deferred operation of this act would tend 

preamble. ^^ defeat its purpose, which is to provide forthwith for cer- 
tain changes in the veterans' benefits laws, 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: 

G. L. (Ter. SECTION 1. The first paragraph of section 5 of chapter 

etc], 'amended'. 115 of the General Laws, as appearing in section 4 of chap- 
ter 590 of the acts of 1951, is hereby amended by striking 
out the first and second sentences and inserting in place 
thereof the following three sentences: — Veterans' benefits 
Payment of shall be paid to a veteran or dependent by the city or town 
htnlitB^' ^^'^ which he has a settlement, or, if he has no settlement in 

regulated. any city or town within the commonwealth, by the city or 
town wherein he resides; provided, that no benefits shall 
be paid to a veteran unless he has a settlement or has actually 
resided within the commonwealth continuously for three 



Acts, 1955. — Chap. 306. 179 

years next preceding the date of his application for such 
benefits, nor to any other appHcant unless he has a settle- 
ment or has actually resided within the commonwealth con- 
tinuously for three years next preceding the date of his apph- 
cation for such benefits, nor unless the veteran of whom he is 
a dependent has a settlement in the commonwealth or has 
actually resided within the commonwealth continuously for 
three years next preceding the date of such dependent's ap- 
plication for such benefits. If the veteran is deceased at the 
time of the dependent's application for benefits, and the vet- 
eran died while a resident of, or having a settlement in, the 
commonwealth, the commissioner may, notwithstanding the 
foregoing proviso, authorize such benefits to such dependent 
actually residing in the conomon wealth at the time of the vet- 
eran's death. Further, notwithstanding the foregoing proviso, 
the commissioner may authorize the payment of veterans' 
benefits to any veteran, actually residing in the common- 
wealth, who had at some time prior to his apphcation for 
such benefits qualified as to a settlement within the com- 
monwealth under clause Fifth of section one of chapter one 
hundred and sixteen, and to the dependent, actually residing 
in the commonwealth, of any veteran, Uving or dead, who 
had at some time prior to such dependent's apphcation for 
such benefits so quaUfied as to such a settlement. 

Section 2. The second paragraph of said section 5 of g^^- {^g^g g^ 
said chapter 115, as so appearing, is hereby amended by etc^Wher 
striking out the last sentence and inserting in place thereof ''™'^" ^ 
the following sentence : — No payment of benefits shall be same subject. 
made for any period of time prior to the date of application ; 
provided, however, that the commissioner, on recommenda- 
tion of the veterans' agent of the city or town paying the 
benefits, may authorize the payment of benefits for not 
more than thirty days prior to the date of the application if 
the necessity therefor has been caused by serious accident 
or illness to the applicant or to one or more dependents of 
the veteran upon whose service the application is made. 

Section 3. The third paragraph of said section 5 of said £^^115,% 5, 
chapter 115, as appearing in section 2 of chapter 535 of the etcWther 
acts of 1948, is hereby amended by striking out, in fines 6 ''™''° ^ ' 
and 7, the words ", after a hearing,". 

Approved April 22^ 1955. 



An Act concerning the registration of attachments Qhav.^O^ 

AND federal tax LIENS IN THE REGISTRY DISTRICTS OF 

the land court. 

Be it enacted, etc., as follows: 

Section 1. Chapter 185 of the General Laws is hereby o. l. (Xer. 
amended by striking out section 78, as amended by section 1 ^tc!!'ameAded^' 
of chapter 144 of the acts of 1937, and inserting in place 
thereof the following section : — Section 78. A writing of 
any description or a copy of any writ required by law to be 



180 



Acts, 1955. — Chap. 307. 



Registration of 
attaciiments 
and liens upon 
registered land, 
regulated . 



G. L. (Ter. 
Ed.), 36, § 24, 
amended. 



Same subject. 



filed or recorded in the registry of deeds in order to create 
or preserve any lien, right or attachment upon unregistered 
land, if intended to affect registered land shall, in heu of 
recording, be filed and registered in the ofiice of the assistant 
recorder for the registry district where the land lies, and, in 
addition to any particulars required in such papers for re- 
cording with records of deeds, shall also contain a reference 
to the number of the certificate of title of the land to be 
affected, and the volume and page of the registration book 
in which the certificate is registered, and also, if the attach- 
ment, right or hen is not claimed on all the land in any 
certificate of title, shall contain a description suiiiciently ac- 
curate for identification of the land intended to be affected. 
Section 2. The first sentence of section 24 of chapter 36 
of the General Laws, as appearing in the Tercentenary 
Edition, is hereby amended by inserting, in fine 3, after 
the word ''county", the following words: — or the assistant 
recorder for the registry district. 

Approved April 22, 1955. 



Chap. S07 An Act reorganizing the state soil conservation 

COMMITTEE. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 128B, 
§ 3, etc., 
amended. 

State soil 

conservation 

committee. 



Membership, 
compensation, 
quorum, etc. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to provide for the immediate 
reorganization of the state soil conservation committee, 
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 3 of chapter 128B of the General Laws 
is hereby amended by striking out the first paragi-aph, as 
appearing in chapter 531 of the acts of 1945, and inserting in 
place thereof the following paragraph : — There is hereby 
estabhshed in the department of agriculture under the con- 
trol of the board of agriculture a state soil conservation com- 
mittee, consisting of the commissioner of agriculture, the 
director of extension service at Massachusetts University, 
the director of the Massachusetts agricultural experiment 
station and four persons to be appointed by the governor, 
one of whom shall be from a hst of two nominees submitted 
by the executive committee of the state grange, one from a 
list of two nominees submitted by the executive committee of 
the Massachusetts farm bureau federation and one of whom 
shall be a soil conservation district supervisor, but in no 
event shall any federal soil conservation service employee 
serve as a member of the committee. Upon the expiration 
of the term of office of an appointed member his successor 
shall be appointed in like manner to serve for four years 
and until the qualification of his successor. While acting as 
members of the committee, the four members appointed by 
the governor shall each receive compensation of ten dollars 



Acts, 1955. — Chaps. 308, 309. 181 

for each day of such service. The commissioner shall serve 
as chairman of the committee, and he or three other members 
of said committee shall have power to call meetings on not 
less than three days' notice. A majority of the committee 
shall constitute a quorum. 

Section 2. Of the initial appointments made by the Terms of 
governor to the soil conservation committee, established by members, 
section three of chapter one hundred and twentj-eight B of 
the General Laws, as amended by section one of this act, one 
member shall serve for a term of one year, one for a term 
of two years, one for a term of three years and one for a term 
of four years. Approved April 25, 1955. 



An Act authorizing the town of maynard to use a 
portion of certain park land for a right of way 
between municipal parking areas. 

Be it enacted, etc., as follows: 

Section 1. The town of Maynard is hereby authorized 
to use a portion of the southerly end of certain park land 
known as Memorial Park, located between Summer, Nason 
and Main streets in said town, for a right of way between 
the Summer street and the Naylor Court municipal parking 
areas. 

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

Approved April 25, 1955. 

An Act to make persons employed by the trustees of 
the george robert white fund in the city of boston 
eligible for membership in the state-boston retire- 
ment system. 

Be it enacted, etc., as follows: 

Section 1. On and after the effective date of this act, 
persons employed by the board of trustees of the fund given 
to the city of Boston by article fourteenth of the will of the 
late George Robert WTiite, and known as the George Robert 
White Fund, shall be deemed to be employees of the city of 
Boston for the purposes of sections one to twenty-eight, in- 
clusive, of chapter thirty-two of the General Laws and of the 
State-Boston retirement system estabhshed thereunder. 

Section 2. Any person emplo3^ed by said board of trus- 
tees on the effective date of this act who, on such effective 
date, is not a member of the State-Boston retirement system, 
shall become a member in service of such system as of such 
effective date unless within three months after such effective 
date he files with the Boston retirement board, on a pre- 
scribed form, a notice of his election not to become a mem- 
ber and a duly executed waiver of all present and prospective 
benefits which might otherwise accrue to him if he became a 
member; provided, however, that no person so becoming a 
member of said system shall be entitled to credit for service 



ChapMS 



Chap.S09 



182 ACTS; 1955. — Chap. 309. I 

rendered prior to the effective date of this act, whether while 
an employee of a governmental unit or while employed by 
said board of trustees, 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 an- 
nuity 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 of all ac- 
cumulated deductions at any time paid him under section 
sixteen of chapter five hundred and twenty-one of the acts 
of nineteen hundred and twenty two, together with regular 
interest thereon from the date of such payment; (6) the 
amount of all accumulated regular deductions at any time 
withdrawn by him under the State-Boston retirement sys- 
tem, together with regular interest thereon from the date of 
such withdrawal ; (c) the amount which his accumulated reg- 
ular deductions would have totaled on the effective date of 
this act if during the period he was employed by said board 
of trustees since January first, nineteen hundred and forty- 
seven, he had been recognized as an employee of the city of 
Boston and a member of the State-Boston retirement sys 
tem, together with regular interest on such amount from 
such effective date; and (d) if he was employed by said 
board of trustees prior to said January first, the amount 
which his accumulated deductions would have totaled on said 
January first, had he, during the period he was so employed 
prior to said January first, been recognized as an employee of 
the city of Boston and a member of the Boston retirement 
system, together with regular interest on such amount from 
said January first. In the event any retirement allowance 
becomes effective for any person becoming a member of the 
State-Boston retirement system under this section before the 
completion of the make-up pajnnents prescribed by this sec- 
tion, such person shall, in addition to credit for his actual 
membership service, be entitled to credit for that proportion 
of his service rendered prior to the effective date of this act 
which the total amount of his make-up payments actually 
made, exclusive of interest accruing thereon after such effec- 
tive date, bears to the total amount of what his make-up 
payments would have been had he made payment thereof in 
one sum on such effective date. 

Section 3. Any person employed by said board of trus- 
tees on the effective date of this act who, on such effective 
date, is a member of the State-Boston retirement system, 
and who, at any time during the period between January 
first, nineteen hundred and forty-seven, and such effective 
date, was employed by said board of trustees may, within 
six months after the effective date of this act or within such 
further time as the Boston retirement board, in the event of 
obvious hardship, may, in its discretion, allow, pay into the 
annuity savings fund of the State-Boston retirement system 



Acts, 1955. — Chap. 310. 183 

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 amounts which would have been with- 
held from his compensation for services as such employee 
during said period had said services been recognized by the 
Boston retirement board as rendered by an employee of the 
city of Boston, together with regular interest thereon. Upon 
the completion of such make-up payments, such member shall 
receive the same credit for said services as would have been 
allowed had said services been recognized by the Boston re- 
tirement board as rendered by an employee of the city of 
Boston. In the event any retirement allowance becomes ef- 
fective prior to the completion of such make-up payments, 
such member shall, in addition to credit for his actual mem- 
bership 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 regu- 
lar 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 4. This act shall take full effect upon its accept- 
ance by vote of the city council of the city of Boston, subject 
to the provisions of the charter of said city, but not otherwise. 

Approved April 25, 1955. 



An Act concerning the assignment of places for CJiav 310 

PUBLIC AND PRIVATE DUMPS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 111 of the General Laws is hereby o. l. (Ter. 
amended by inserting after section 150 the following section: ^^'^^•''§^^55^ 
— Section 150 A. No place in any city or town shall be es- added. 
tabUshed or maintained by any person, including any poHtical Maintenance 
subdivision of the commonwealth, as a dumping ground for private'dump- 
garbage, rubbish or other refuse or as a site for a refuse dis- re^ubted.''^' 
posal incinerator unless such place has been assigned by the 
board of health of such city or town as a dumping ground 
or as a site for a refuse disposal incinerator subject to the 
provisions of any ordinance or by-law adopted therein under 
chapter forty A or corresponding provisions of earlier law. 
The assignment of a place as a dumping gi'ound or as a site 
for a refuse disposal incinerator shall be conditioned upon 
such limitations with respect to the extent, character and 
method of operation thereof as may be necessary to protect 
the public health, comfort and convenience. The department 
shall advise, upon request, any board of health previous to the 
assignment of a place as a dumping ground or as a site for a 
refuse disposal incinerator; and any person aggrieved by the 
action of a board of health in assigning a place as a dumping 
ground or as a site for a refuse disposal incinerator, includ- 



184 Acts, 1955. — Chap. 310. 

ing persons in control of any public land, the selectmen of 
any town, and in cities having a Plan D or Plan E charter 
the city manager, and in other cities the mayor, when 
authorized by vote of the city council, may, within sixty 
days, appeal to the department from the assignment of the 
board of health, and the department maj'', after due notice 
and public hearing, rescind or suspend such assignment or 
modify the same by the imposition or amendment of con- 
ditions. 

Every person, including every political subdivision of the 
commonwealth, maintaining or operating a place assigned 
as a dumping ground or as a site for a refuse disposal in- 
cinerator, shall maintain and operate the same in such man- 
ner as will protect the public health, comfort and con- 
venience and prevent a nuisance or a danger to the public 
health by reason of odor, dust, fires, smoke, the breeding or 
harboring of rodents, flies or vermin, or other cause. The 
assignment of any place as a dumping ground or as a site for 
a refuse disposal incinerator may be rescinded or suspended, 
or may be modified through the imposition or amendment 
of conditions, at any time after due notice and public hearing, 
by the board of health of the city or town where it is located, 
or by the department upon determination that the dumping 
ground or site for a refuse disposal incinerator results in a 
nuisance and a danger to the public health. 
Jurisdiction. ^j^g supcHor court shall have jurisdiction in equity to 

enforce the provisions of this section upon petition of the 
department or any person aggrieved. 
use^if°"eslnt° SECTION 2. Any place in use as, or publicly held or 
dumping licensed for use as, a dumping ground for garbage, rubbish 

grounds. Qj. Q|.]-^gf. refuse or as a site for a refuse disposal incinerator on 

the effective date of this act shall be deemed to have been 
assigned under section one hundred and fifty A of chapter 
one hundred and eleven of the General Laws, but such 
assignment may be rescinded, suspended or modified in like 
manner as an assignment made under said section one 
hundred and fifty A, as appearing in section one of this act. 
RjS^'ocatjon Section 3. Any place which has been assigned by permit, 

assigned as liceuse Or otherwisc as a dumping ground by the board of 
gTO™nd°^in health of a city or town previously to the passage of this act 
^joiation or wliich may be so assigned subsequent to its passage in 

violation of the provisions of any ordinance or by-law 
adopted therein under the provisions of chapter forty A or 
corresponding provisions of earlier law shall be deemed to be 
a violation of section one of this act and the superior court 
shall have jurisdiction in equity to compel the board of 
health to revoke such assignment upon the petition of the 
department or of any person aggrieved. 

Approved April 25, 1955. 



Acts, 1955. — Chaps. 311, 312, 313. 185 



An Act authorizing saint Elizabeth's hospital of bos- Chap. 311 

TON TO hold additional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
nine of chapter one hundred and eighty of the General Laws, 
Saint Elizabeth's Hospital of Boston, a corporation duly 
organized under the laws of the commonwealth, is hereby 
authorized to hold, for the purpose for wliich it was incor- 
porated, real and personal estate to the amount of twenty- 
five million dollars in value, including the amount which it 
is already authorized by law to hold, and it may receive and 
hold in trust, or otherwise, funds received by gift or bequest 
to be devoted to such purposes. 

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

Approved April 28, 1955. 

An Act providing that real estate conveyed to sol- C/?at). 3 12 

DIERS OR sailors FOR THE PURPOSE OF EVADING TAXATION 
BE EXCLUDED FROM THE LAW PROVIDING A TAX EXEMPTION 
FOR CERTAIN VETERANS. 

Whereas, The deferred operation of this act would tend ^^^J^bie"^ 
to defeat its purpose which is to provide forthwith that real ""^ 
estate conveyed to soldiers or sailors for the purpose of 
evading taxation be excluded from the law providing a tax 
exemption for certain veterans, 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: 

Clause Twenty-second of section 5 of chapter 59 of the g. l. (Ter. 
General Laws, as appearing in section 1 of chapter 683 of ftli'ameicifd. 
the acts of 1954, is hereby amended by inserting after para- 
graph (h) the following paragraph : — 

No real estate shall be so exempt which the assessors shall v^'^^of 

J. , , , , 11- •! 1 • irom real 

adjuage has been conveyed to a soldier or sailor or to his estate tax 
wife, widow, father or mother to evade taxation. exemption. 

Approved April 28, 1965. 

An Act authorizing the sale or transfer by the de- Chav.ZlZ 

PARTMENT OF EDUCATION OF CERTAIN PROPERTIES IN THE 
city of WESTFIELD, 

Be it enacted, etc., as follows: 

Upon recommendation of the commission on administra- 
tion and finance, and with approval of the governor and 
council, the department of education is hereby authorized 
to dispose of, by sale, transfer or otherwise, certain proper- 
ties, including land and buildings, under its jurisdiction in 
the city of Westfield, which properties have been certified by 
said department to be no longer necessary for its program. 

Approved April 28, 1966. 



186 Acts, 1955. — Chaps. 314, 315. 



C hap. S14: An Act relative to the operation of motor vehicles 

BY NON-RESIDENTS. 

Be it enacted, etc., as follows: 

Ed^'90^^110 '^^^ ^^^^ paragraph of section 10 of chapter 90 of the Gen- 
etc!, 'amended', eral Laws, as amended by chapter 130 of the acts of 1948, 
is hereby further amended by striking out the last sentence 
and inserting in place thereof the following sentence : — 
Operation Subject to the provisions of section three, a non-resident 
vehicles by who holds a Kcense under the laws of the state or country 
re°g°Jfated?°*^' in which he resides may operate any private passenger motor 
vehicle of a type which he is licensed to operate under said 
license, duly registered in this commonwealth or in any state 
or country, and a non-resident so licensed may at any time 
operate without a license from the registrar any commercial 
motor vehicle transporting persons or property in interstate 
transportation irrespective of the ownership or state or coun- 
try of registration of such vehicle; provided, that he has the 
license on his person or in the vehicle in some easily accessible 
place, and that, as finally determined by the registrar, his 
state or country grants substantially similar privileges to 
residents of this commonwealth and prescribes and enforces 
standards of fitness for operators of motor vehicles substan- 
tially as high as those prescribed and enforced by this com- 
monwealth. Approved April 28, 1955. 

Chap. 31 5 An Act relative to 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. The fourth sentence of section 2 of chapter 
263 of the acts of 1929, inserted by section 1 of chapter 
369 of the acts of 1954, is hereby amended by striking out, 
in fines 8 and 9, the words ", but not by an independent 
contractor" and inserting in place thereof the words: — or 
by an independent contractor selected on the basis of com- 
petitive bids invited by advertisement in the City Record, 
as said police commissioner shall from time to time deter- 
mine, — and by striking out, in lines 30 and 31, the words 
"shall not exceed five dollars for removal or six and one 
quarter cents for each hour, or part thereof, of storage" 
and inserting in place thereof the words : — for removal shall 
not exceed eight doUars, that the liability so imposed for 
storage shall not exceed the schedule of maximum rates con- 
tained in the then latest lease of an off-street parking fa- 
cility under chapter four hundred and seventy-four of the 
acts of nineteen hundred and forty-sLx, as amended. 

Section 2. 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 April 28, 1956. 



Acts, 1955. — Chap. 316. 187 



An Act increasing the amount of insurance which Chap. 316 

COUNTIES MAY PROVIDE FOR THE PROTECTION OF THEIR 
EMPLOYEES AGAINST LIABILITY ARISING OUT OF THEIR 
OPERATION OF COUNTY OWNED VEHICLES. 

Be it enacted, etc., as follows: 

Section 1. The first sentence of section 28 of chapter g. l. (Ter. 
35 of the General Laws, as most recently amended by chap- ftl! 'amended! 
ter 33 of the acts of 1953, is hereby further amended by 
striking out, in line 13, the word "twenty" and inserting 
\n place thereof the word : — forty, — so as to read as fol- 
lows: — The county commissioners shall annually prepare insurance 
estimates of county receipts and expenditures for the en- cenaTn^county 
suing year, in the form prescribed by the director of accounts f^^g^^el^' 
and upon blanks by him furnished, including estimates for 
construction and repair of county buildings and for effecting 
insurance providing indemnity for or protection to the of- 
ficers and employees of the county against loss by reason of 
their liability to pay damages to others for bodily injuries, 
including death at any time resulting therefrom, or for dam- 
age to property, caused by the operation, within the scope 
of their official duties or employment, of motor or other 
vehicles owned by the county, to an amount not exceeding 
forty thousand dollars on account of injury to or death of 
one person, or not exceeding one hundred thousand dollars 
for any one accident, and not exceeding ten thousand dollars 
on account of damage to property, or for providing indemnity 
or protection as aforesaid without insurance, with a state- 
ment of the corresponding appropriations for the preceding 
year, and expenditures for each of the three preceding years, 
explaining any difference between the amount of any such 
estimate and the latest appropriation for the same purpose, 
and citing the laws relating thereto. 

Section 2. Chapter 111 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 83A, as amended by sec- ftsA^ltc., 
tion 5 of chapter 291 of the acts of 1934, and inserting in amended. 
place thereof the following section: — Section 83 A. The 
county commissioners of any county, acting as trustees of a same subject. 
hospital established therein under sections seventy-eight to 
ninety, inclusive, may effect insurance providing indemnity 
for or protection to the officers and employees of such hospital 
against loss by reason of their liability to pay damages to 
others for bodily injuries, including death at any time re- 
sulting therefrom, or for damage to property, caused by the 
operation, within the scope of their official duties or em- 
ployment, of motor or other vehicles owned by the district 
maintaining such hospital, to an amount not exceeding forty 
thousand dollars on account of the injury to or death of one 
person, or not exceeding one hundred thousand dollars for 
any one accident, and not exceeding one thousand dollars 
on account of damage to property. The expense of such 
insurance shall be included as a part of the cost of mainte- 
nance of such hospital. Approved April 28, 1956. 



188 Acts, 1955. — Chaps. 317, 318, 319. 



Chav.S17 A.N Act further regulating the leasing of quarters 

OUTSIDE the state HOUSE USED BY STATE AGENCIES. 

Be it enacted, etc., as follows: 

Ecu's^rioA Section 1. The next to the last paragraph of section lOA 
etc!, 'amended.' of chapter 8 of the General Laws, inserted by chapter 391 
of the acts of 1952, is hereby amended by striking out, in 
line 5, the word "three" and inserting in place thereof the 
word : — six, — so as to read as follows : — 
quartMs°by Whenever any such lease contains a renewal clause or an 

state agencies, option to rcnew, any renewal thereof shall not be exercised 
regulated. unlcss approved in Hke manner as the original lease, before 
the termination of each such lease, but in any event not 
earlier than six months prior to the expiration of such lease. 
Proviso. Section 2. The provisions of this act shall not be con- 

strued to affect in any manner any renewal provisions or 
options to renew contained in leases in existence on the 
effective date of this act. Approved April 28, 1956. 



Chap. 31S An Act pro\t;ding for the regulation of parking in 

off-street parking AREAS AND FACILITIES OPERATED BY 
THE CITY OF BOSTON. 

Be it enacted, etc., as folloios: 

Section 1. Section 2 of chapter 26-3 of the acts of 1929, 
as most recently amended by section 1 of chapter 369 of the 
acts of 1954, is hereby further amended by adding at the end 
the following sentence: — For the piirpo.ses of this act and of 
section twenty A of chapter ninety of the General Laws, such 
off-street parking areas and facilities operated by the real 
property board of the city as said board shall from time to 
time designate shall be deemed to be ways under the control 
of the city during such periods of time as said board shall 
from time to time determine. 

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

Approved April 29, 195n. 

C/iap.319 An Act providing for the removal of the fire hazard 

AND the replanting OF TREES IN THE STATE FOREST IN 
NANTUCKET COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The division of forests and parks of the de- 
partment of natural resources is hereby authorized and di- 
rected to remove the fire hazard from, and to replant trees 
in, the state forest in Nantucket county. For the purposes 
of this act there may be expended by said division such sums 
as may be appropriated therefor. 

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

Approved April 29, 1955. 



Acts, 1955. — Chaps. 320, 321. 189 



An Act exempting certain disabled veterans from the Char).S20 

PAYMENT OF THE EXCISE ON MOTOR VEHICLES OWNED OR 
OPERATED AND REGISTERED BY THEM. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose which is to exempt forthwith certain p'^^^'^'^- 
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 preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Section 1 of chapter 60A of the General Laws, as most g. l. (Ter. 
recently amended by section 1 of chapter 640 of the acts of ^ta! 'amended.' 
1954, is hereby further amended by striking out the fifth 
paragraph and inserting in place thereof the following para- 
graph : — 

The excise imposed by this section shall not apply to a Certain dis- 
motor vehicle owned, operated and registered by a veteran "xemprfrom"^ 
of World War I, World War II, or of service during the payment of 
Korean emergency between June twenty-fifth, nineteen hun- ^cise.^^ ' 
dred and fifty and January thirty-first, nineteen hundred and 
fifty-five, 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; nor to a motor vehicle owned and 
registered by a veteran of World War I, World AVar II or 
of service during the Korean emergency between June twenty- 
fifth, nineteen hundred and fifty and January thirt3''-first, 
nineteen hundred and fifty-five, 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 permanent impairment of vision of both eyes 
of the following status: central visual acuity of 20/200 or 
less in the better eye. with corrective glasses, or central 
visual acuity of more than 20/200 if there is a field defect 
in which the peripheral field has contracted to such an extent 
that the widest diameter of visual field subtends an angular 
distance no greater than twenty degrees in the better eye. 
This exemption shall apply onlj' to motor vehicles owned or 
operated for the personal, non-commercial use of said vet- 
erans. Approved April 29, 1955. 

An Act extending the provisions of absentee voting Chav-^'2\ 

TO CERTAIN CIVILIAN EMPLOYEES OF THE UNITED STATES. 

Be it enacted, etc., as follows: 

Chapter 351 of the acts of 1952 is hereby amended by 
striking out. in line 0, the word "and" and inserting after 
the word "States", in fine 8, the words: — , and (3) ci\alian 
employees of the United States in all categories serving out- 
side the territorial limits of the several states of the United 



190 Acts, 1955. — Chaps. 322, 323, 324. 

States and the District of Columbia and their spouses and 
dependents when residing with or accompanying them, 
whether or not the employee is subject to the civil service 
laws and the Classification Act of 1949, and whether or not 
paid from funds appropriated by the Congress. 

Approved April 29, 1955. 

Chap.322 An Act exempting charitable hospitals from the pay- 
ment OF A FEE AND EXCISE ON THE IMPORTATION OF AL- 
COHOLIC BEVERAGES. 

Be it enacted, etc., as follows: 

Edt' isi^' Section 22A of chapter 138 of the General Laws, inserted 

§ 22A, eti., by section 15 of chapter 385 of the acts of 1934, is hereby 
amended. amended by adding at the end the following sentence : — 
ofTicohoikT -^^ ^^® ^^^^^ ^^ fixed by the commission and no excise shall 
beverages by be paid to the commouwcalth in any case where a charitable 
hospUaiif hospital is granted a permit to import alcoholic beverages 
which are acquired otherwise than by purchase and are not 
intended for sale. Approved April 29, 1955. 

Chap. 323 An Act relative to the powers of the school committee 

OF THE TOWN OF MOUNT WASHINGTON. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provision of the first 
sentence of section fifty-nine of chapter seventy-one of the 
General Laws, the school committee of the town of Mount 
Washington shall be exempt from the provision contained 
therein which requires the employment of a superintendent 
of schools: provided, nevertheless, that said Mount Wash- 
ington school committee shall perform the duties assigned to 
a superintendent contained in the second sentence of said 
section. 

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

Approved May 2, 1955. 

Chap. 324 An Act relative to setting aside certain land in cer- 
tain subdivisions and development projects for 

PARK purposes. 

Be it enacted, etc., as follows: 
G. L. (Ter. Sectiou 81U of chapter 41 of the General Laws, as ap- 

?tc'.!'ameld^ed^' pcariug in section 7 of chapter 674 of the acts of 1953, _ is 
hereby amended by striking out the last sentence and in- 
serting in place thereof the following sentence : — Before 
Setting aside approval of a plan by a planning board, it may also in proper 
land for park pases rcquire the plan to show a park or parks suitably lo- 

purposes in , ^ ■, i ,• c ■ ^^ 

certain sub- cated for playground or recreation purposes or tor providing 

required ^^°" light and air, and not unreasonable in area in relation to the 

land being subdivided and the prospective uses of such land, 

and may by appropriate endorsement on the plan require 



Acts, 1955. — Chaps. 325, 326. 191 

that no building be erected upon such park or parks for a 
period of not more than three years without its approval. 

Approved May £, 1955. 

An Act relating to the powers and duties of local Chap.S25 

ZONING BOARDS OF APPEAL. 

Be it enacted, etc., as folloios: 

Section 1. Chapter 40A of the General Laws is hereby g. l. (Ter. 
amended by striking out section 13, as appearing in section 2 ^t'c.!'am^ndld^' 
of chapter 36S of the acts of 1954, and inserting in place 
thereof the following section: — Section 13. An appeal to Appeals under 
the board of appeals established under section fourteen may reguhfted!^^' 
be taken by any person aggrieved by reason of his inability 
to obtain a permit from any administrative ofhcial under the 
provisions of this chapter, or by any officer or board of the 
city or town, or by any person aggrieved by any order or 
decision of the inspector of buildings or other administrative 
official in violation of any provision of this chapter, or any 
ordinance or by-law adopted thereunder. 

A zoning ordinance or by-law may prescribe a reasonable 
time within which appeals under this section may be taken. 

Section 2. Section 15 of said chapter 40A, as so ap- g. l. (Ter. 
pearing, is hereby amended by striking out paragraph 1 and ac^am^ndld^' 
inserting in place thereof the following paragraph : — 

1. To hear and decide appeals taken as provided in section same subject. 
thirteen. Approved May 2, 1955. 

An Act permitting planning boards to delegate cer- Chap.S2Q 
tification of plans not requiring subdivision ap- 
proval. 

Be it enacted, etc., as follows: 

Section 1. Section 81P of chapter 41 of the General e^)"4?1'8ip 
Laws, as appearing in section 7 of chapter 674 of the acts of etc.', 'amended. ' 
1953, is hereby amended by striking out the first sentence 
and inserting in place thereof the following sentence : — 
Any person wishing to cause to be recorded a plan of land Certification of 
situated in a city or town in which the subdivision control un'der'sub-^^ 
law is in effect, who believes that his plan does not require faw^ieguiared?' 
approval under the subdivision control law, may submit his 
plan to the planning board of such city or town, and, if the 
board finds that the plan does not require such approval, it 
shall, without a public hearing and without unnecessary 
delay, cause to be endorsed thereon by a person authorized 
by it the words "approval under the subdi\dsion control law 
not required ", or words of similar import, and his name signed 
thereto, and such endorsement shall be conclusive on all 
persons. 

Section 2. Said section 81P of said chapter 41 is hereby g. l. (Ter. 
further amended by adding at the end the follomng sentence: ftc.!'funhlr*^^' 
— The planning board of a city or town which has authorized amended. 



192 



Acts, 1955. — Chaps. 327, 328. 



^n^ndirmn'^ ^^^^ persoii, other than a majority of the board, to endorse 

plan to be on a plan the approval of the board or to make any other 

recorded. certificate under the subdivision control law, shall transmit a 

written statement to the register of deeds and the recorder 

of the land court, signed by a majority of the board, giving 

the name of the person so authorized. 

Approved May .?, 1955. 



G. L. (Ter. 
Ed.), 121, 
§ 26U, etc., 
amended. 



Audits of 
records of 
local housing 
authorities, 
authorized. 



Chap. S27 An Act providing for examination of records of hous- 
ing AUTHORITIES BY THE STATE AUDITOR. 

Be it enacted, etc., as follows: 

Chapter 121 of the General Laws is hereby amended by 
striking out section 26U, as appearing in section 1 of chap- 
ter 574 of the acts of 1946, and inserting in place thereof the 
following section: — Section 26 U. Accounts, and Control hy 
Housing Board. — Each housing authority shall keep an 
accurate account of all its activities and of all its receipts 
and expenditures and shall annually in the month of Janu- 
ary make a report thereof to the housing board, to the state 
auditor and to the mayor of the city or to the selectmen of 
the town within which such authority is organized, such re- 
ports to be in a form prescribed by the board, with the writ- 
ten approval of said auditor. The housing board or the said 
auditor may investigate the affairs of housing authorities 
and their dealings, transactions and relationships. They 
shall severally have the power to examine into the prop- 
erties and records of housing authorities and to prescribe 
methods of accounting and the rendering of periodical re- 
ports in relation to projects undertaken by such housing 
authorities. The housing board may from time to time 
make, amend and repeal rules and regulations prescribing 
standards and stating principles governing the planning, 
construction, maintenance and operation of projects by 
housing authorities. Compliance with the Housing Author- 
ity Law, the rules and regulations adopted by the housing 
board hereunder, and the terms of a clearance or low-rent 
housing project approved by the housing board, may be en- 
forced by a proceeding in equity. Approved May 2, 1966. 



Chap. ^2^ An Act increasing the compensation of jurors. 
Be it enacted, etc., as follows: 



G. L. (Ter. 
Ed.), 262, § 25, 
etc., amended. 



Compensation 
of jurors, 
increased. 



Section 25 of chapter 262 of the General Laws, as most 
recently amended by chapter 335 of the acts of 1949, is 
hereby further amended by striking out, in line 3, the word 
"ten" and inserting in place thereof the word: — twelve, — 
and by striking out, in hne 4, the word "eight" and insert- 
ing in place thereof the word : — ten, — so as to read as 
follows: — Section 26. The compensation of traverse jurors 
impanelled to try cases of murder in the first degree shall be 
twelve dollars, and that of all other traverse jurors and of 
grand jurors ten dollars, for each day's service. All jurors 



Acts, 1955. — Chaps. 329, 330. 193 

shall receive for each day of actual attendance five cents a 
mile for travel out and home, but not for such time as the 
jury is held under restraint, by order of court, at the ex- 
pense of the county. If the expense of a juror who attends 
court, necessarily and actually incurred for transportation 
out and home once in each day, exceeds the amount of the 
said allowance for travel, he shall be allowed the amount of 
such expense in lieu of the said travel allowance. If a grand 
or traverse juror is required to be in attendance for five or 
more consecutive days he shall receive his fees not later than 
the end of every fifth day of such attendance. 

Approved May 2, 1965. 

An Act providing for the improvement and recon- Chav. S29 

STRUCTION OF THE UNDERPASS AND APPROACHES AT THE 
CAMBRIDGE END OF THE LONGFELLOW BRIDGE. 

Be it enacted, etc., as follows: 

The metropolitan district commission is hereby author- 
ized and directed to reconstruct the existing underpass and 
approaches thereto at the Cambridge end of the Longfellow 
bridge, or to construct such other facilities as, in its opinion, 
may be necessary for relieving the present traffic congestion 
at this location. Approved May 2, 1965. 

An Act authorizing the town of duxbury to take C/ia/?. 330 

OVER THE PROPERTIES AND ASSUME THE OBLIGATIONS OF 
THE DUXBURY FIRE AND WATER DISTRICT, 

Be it enacted, etc., as follows: 

Section 1. The town of Duxbury is hereby authorized 
to take over all the properties, rights, powers and privileges 
of the Duxbury Fire and Water District, established by 
chapter three hundred and thirteen of the acts of nineteen 
hundred and fourteen and acts in amendment thereto, and 
to assume all the duties and obligations of said district, and 
shall thereby become in all respects the lawful successor to 
said district. 

Section 2. The provisions of this act shall not affect 
any act done, ratified or confirmed by said district or any 
of its officers prior to the effective date of this act, nor any 
right accrued or established, nor any action, suit or pro- 
ceeding commenced or had in a civil case, nor shall it impair 
the validity of any of the notes, bonds or other obHgations 
of said district outstanding on said date. Any indebted- 
ness incurred by said district and outstanding at the time 
it is taken over by said town shall be assumed by the town. 

Section 3. The water commissioners of said district 
shall act as w^ater commissioners until the first annual town 
meeting held after the date when said district is taken over 
by said town, and at said meeting the town shall elect a 
board of three water commissioners. Such commissioners 



194 Acts, 1955. — Chaps. 331, 332. 

shall be elected on the official ballot and, in the first in- 
stance, shall be elected to hold office, one for a term of three 
years, one for a term of two years, and one for a term of one 
year, from the meeting at which they are elected, and there- 
after one commissioner shall be elected annually for the 
term of three years. The commissioners shall serve until 
their successors are elected and qualified. 

Section 4. This act shall take full effect on the thirtieth 
day following its acceptance by a majority of the voters of 
the Duxbury Fire and Water District present and voting 
thereon at any district meeting and by a majority vote of 
the voters of the town of Duxbury present and voting at 
any town meeting, within two years after its passage. 

Approved May 2, 1955, 

Chap. 331 -^N Act making the department of public health the 

SOLE AGENCY OF THE COMMONWEALTH FOR THE PURPOSE 
OF ADMINISTERING THE PROVISIONS OF THE HOSPITAL 
SURVEY AND CONSTRUCTION ACT OF THE FEDERAL GOVERN- 
MENT, AS AMENDED. 

Be it enacted, etc., as follows: 

Section 1. The department of pubHc health, through the 
division of hospitals, shall constitute the sole agency of the 
commonwealth for the purpose of administering the provi- 
sions of United States Public Law 725 of the seventy-ninth 
Congress, as amended by Public Law 380 of the eighty-first 
Congress and the Medical Facilities Survey and Construc- 
tion Act of 1954. 

Section 2. This act shall remain in effect only as long 
as federal funds are available for its purpose. 

Approved May 2, 1955. 

Chap. 332 An Act to authorize the levy of special assessments 

TO MEET THE COST OF LAYING WATER PIPES IN PUBLIC 
AND PRIVATE WAYS. 

Be it enacted, etc., as folloivs: 

Ed^'iJ'^new Chapter 40 of the General Laws is hereby amended by 
§§42G-42i7 inserting after section 42F the following three sections: — 
s'^edai Section 42G. Any city, town or district having a water 

assessments supply or Water distributing system which, in the case of a 
wIte/pTpes. city or town, accepts this section and the two following 
authorized.' sections in cities other than Plan E cities by vote of the city 
council subject to the city charter, or Plan E cities by vote 
of the city council, in towns or districts by vote of its in- 
habitants at an annual town meeting called therefor, may 
provide by ordinance, by-law or vote for the levy of special 
assessments to meet the whole or part of the cost thereafter 
incurred of laying pipes in public and private ways for the 
conveyance or distribution of water to its inhabitants. Such 
city, town or district may provide that an owner of land 



Acts, 1955. — Chap, 332. 195 

which receives benefit from the laying of water pipes in 
pubHc and private ways upon which his land abuts or which 
by more remote means receives benefit through the supply 
of water to his land or buildings shall pay a proportionate 
part of the cost not already assessed of extending such water 
supply to his land. 

The amount to be charged against each parcel of land Certain costs 
receiving such benefit shall include the cost of the pipes in amounts ^ 
and other material and of the labor in laying them and assessed. 
other expenses incidental thereto and shall be ascertained, 
assessed and certified by the water commissioners or the 
other officers in charge of the supply and distribution of 
water in such city, town or district. 

Section 42H. A city, town or district having a water Assessments, 
supply or w^ater distributing system may provide that as- ^ow levied, 
sessment for the cost of providing and laying water pipes 
thereafter in public and private ways shall be made upon 
the several parcels of land receiving benefit from the laying 
of such pipes by a fixed uniform rate based upon the esti- 
mated average cost of all the water pipes therein and the 
laying thereof, according to the frontage of such land on any 
way in which a water pipe is laid, or according to the area 
of such land mthin a fixed depth from such a way, or ac- 
cording to valuation for purposes of taxation in the last 
annual assessment, or according to two or all of such meas- 
ures. 

Section 4^1. Whenever the water commissioners or other Duties of 
officers in charge of the supply and distribution of water in mtssToneM,' 
a cit5% town or district which has accepted sections forty- «>*«., in 
two G to forty-two I, inclusive, determine to lay water pipes Issess'inents. 
in public and private ways and assessments may be made 
under said sections for the construction of such improve- 
ment, thej^ shall forthwith cause to be recorded in the registry 
of deeds of the county or district in which such city, town or 
district is situated a statement of their action, which shall 
specify the ways in which such water pipes are to be laid 
and shall describe such land as does not abut upon any 
such way which is to be assessed for such improvement. All 
assessments imposed under sections forty-two G and forty- 
two H upon any land which abuts upon any such ways in 
which such water pipes are to be laid or is iiicluded in such 
description shall constitute a lien upon such land from the Lien, 
time such statement is recorded. The provisions of chapter 
eighty relative to the apportionment, division, reassessment, 
abatement and collection of assessments, and to interest, 
shall apply to assessments under this chapter. No assess- 
ment shall be levied under sections forty-two H to forty-two 
I, inclusive, in excess of the benefit to the land assessed from 
the laving of the water pipes for which the assessment is 
lexaed, and if any assessment is found to exceed such benefit, 
it shall be abated. The water commissioners or other officers Payment of 
in charge of the supply and distribution of water as afore- rlgXtlT*^' 
said shall, if the order for assessment is upon land not built 



196 



Acts, 1955. — Chaps. 333, 334, 335, 



upon, extend the time of payment of the assessment and 
interest thereon at the rate of four per cent until it is built 
upon or for a fixed time; and the assessment and interest 
shall be paid within three months after such land is built 
upon or at the expiration of such fixed period. 

Approved May 2, 1955. 



Chap.SSS An Act authorizing registration of certain hair- 
dressers, OPERATORS AND MANICURISTS REGISTERED UN- 
DER LAW OF OTHER STATES, AND THE ISSUANCE OF TEMPO- 
RARY LICENSES THERETO. 

Be it enacted, etc., as follows: 

Section 87Z of chapter 112 of the General Laws, as 
amended, is hereby further amended by adding at the end 
the following paragraph : — 

The word "state" as used in this section shall include 
the District of Columbia, any territory of the United States 
or foreign country, state or province. 

Approved May 4, 1955. 



G. L. (Ter. 
Ed.), 112, 
§ 87Z, etc., 
amended. 

Registration 
of hairdressers, 
etc. 



Chav 334 -^^ ^^^ increasing the salaries of certain full time 

justices of district courts. 



G. L. (Ter. 
Ed.), 218, 
§ 77A, etc., 
amended . 

Salaries of 
certain judges. 



Be it enacted, etc., as follows: 

Section 77 A of chapter 218 of the General Laws is hereby 
amended by striking out, in lines 5 and 6, as appearing in sec- 
tion 2 of chapter 768 of the acts of 1951, the words "ninety- 
nine hundred" and inserting in place thereof the words: — 
twelve thousand. Approved May 5, 1955. 



Chav 335 -^^ ^^'^ extending the authority of the department 
of public health to regulate methods of handling 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), Ill, 
new § 5B, 
added. 

Handling and 
disposing of 
radioactive 
materials, 
regulated. 



AND DISPOSING OF RADIOACTIVE MATERIALS. 

Whereas, The deferred operation of this act would tend to 
defeat its purpose, which is to make effective without delay 
certain rules and regulations relative to the handling, pro- 
duction and disposal of ionizing radioactive materials as they 
affect pubhc health, 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 follows: 

Chapter 1 1 1 of the General Laws is hereby amended by in- 
serting after section 5 A, inserted by chapter 612 of the acts of 
1941, the following section: — Section 5B. The department 
shall, from time to time, after a pubUc hearing and subject to 
the approval of the governor and council, prescribe and es- 
tablish rules and regulations to control the transportation, 
storage, packaging, sale, distribution, production and dis- 
posal of radioactive materials which may affect the pubhc 



Acts, 1955. — Chap. 336. 197 

health or the health of persons exposed to radioactivity or 
ionizing radiation. Said rules and regulations, after being so 
prescribed and established, shall have the force of law. Noth- 
ing in these rules and regulations shall be inconsistent with 
those now or hereafter established by the National Bureau 
of Standards relative to the handling and disposing of radio- 
active materials. Any such rule or regulation made by the 
department under this section shall take effect upon publica- 
tion thereof in a newspaper in each county. Whoever, after Penalty. 
due notice, continues to violate any such rule or regulation 
shall be punished by a fine of not less than one hundred nor 
more than five hundred dollars to the use of the common- 
wealth. Each day of such violation after such due notice 
shall constitute a separate offence. The supreme judicial 
court or superior court, upon application of the department, 
or upon application of any party 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. Nothing in 
this section shall prevent the department of labor and indus- 
tries from establishing rules and regulations for the protec- 
tion of the health and safety of employees against ionizing 
radiation in any place of employment as defined in section 
one of chapter one hundred and forty-nine. 

Approved May 5, 1955. 



Chap.SS6 



An Act relative to the closing hour of taverns. 
Be it enacted, etc., as follows: 

The sixth paragraph of section 12 of chapter 138 of the g. l. (Ter. 
General Laws, as appearing in section 1 of chapter 468 of the ^ti^'amlAded"' 
acts of 1935, is hereby amended by striking out, in line 11, 
the word "eleven" and inserting in place thereof the word: 
— twelve, — so as to read as follows : — 

The hours during which sales of such alcoholic beverages Closing hour 
may be made by any licensee as aforesaid shall be fixed by regulated^' 
the local licensing authorities either generally or specially 
for each Hcensee; provided, that no such sale shall be made 
on any secular day between the hours of one and eight 
o'clock ante meridian and that, except as provided in sec- 
tion thirty-three, no such licensee shall be barred from mak- 
ing such sales on any such day after eleven o'clock ante 
meridian and before eleven o'clock post meridian, and that 
no tavern shall be kept open on any such day after twelve 
o'clock post meridian. Approved May 5, 1955. 



198 Acts, 1955. — Chaps. 337, 338, 339. 

Chap.S37 An Act authorizing the city of peabody to discontinue 
ITS city infirmary burial ground. 

Be it enacted, etc., as follows: 

Section 1. The city of Peabody is authorized to dis- 
continue as a burial ground that portion of its city infirmary 
land heretofore so used. 

Section 2. Before such discontinuance, the city of 
Peabody shall give public notice by pubhshing a copy of 
this act at least twice in a newspaper of general circulation 
in Peabody, the last pubhcation to be at least thirty days 
before such discontinuance. 

Section 3. Upon such discontinuance, the city of Pea- 
body may remove all remains interred at its city infirmary 
land and reinter in any cemetery owned by said city the 
remains so removed, marking the new graves in so far as now 
marked, or may permit any descendant or relative of any 
person interred at its city infirmary land to remove the re- 
mains of such person, and reinter such remains in accordance 
with appUcable laws and regulations concerning burial. 

Section 4. This act shall take effect upon its acceptance 
by the city council of the city of Peabody, subject to the 
provisions of its charter, but not otherwise. 

App7-oved May 5, 1955. 

Chap.SSS An Act relative to certain filing fees of corporations. 

Be it enacted, etc., as follows: 

g. l. (Ter. Chapter 156 of the General Laws is hereby amended by 

id', etc.', striking out section 55, as amended by chapter 314 of the 
amended. g^^^g Qf 1952, and inserting in place thereof the following 

Fees. section : — Section 55. The fees for filing all other amend- 

ments, certificates, statements or reports required by law of 
corporations shall be fifteen dollars for each amendment, 
certificate, statement or report, but no fee shall be paid for 
filing the certificate of change of officers or of annual meeting 
required by section twenty-four or twenty-nine or the 
annual tax return required by sections thirty-five and forty 
of chapter sixty-three. Approved Maij 5, 1955. 

Chap.3S9 An Act authorizing certain fire insurance companies 

TO PROVIDE CERTAIN ADDITIONAL INSURANCE COVERAGE. 

Be it enacted, etc., as follows: 

Ed^'iTr' Chapter 175 of the General Laws is hereby amended by 

§ 54E, etc., striking out section 54E, inserted by chapter 510 of the acts 

amended. of 1951, and inserting in place thereof the following section : — 

insurance^ Scction 54E. Any compauy authorized to insure against loss 

Itnlm^ ^^ o^ damage by fire, which has been actively engaged in the 

companies, fire iiisurance business in one or more states of the United 

authorized. gtates contiuuously for ten years or more, or whose prede- 
cessor or predecessors, if any prior to merger or consohda- 



Acts, 1955. — Chap. 340. 199 

tion, shall have been so engaged for such period, may, not- 
withstanding the provisions of sections forty-eight, fifty-one, 
clause (e) of fifty-four, or fifty-four B, insure against loss or 
damage to dwellings and appurtenant structures and to the 
contents thereof and any other personal property of a simi- 
lar nature of the insured or members of his household result- 
ing from any peril proper to insure against in this common- 
wealth, and may, in addition, insure against the legal liability 
of the insured or of members of his household arising out of 
non-business pursuits, and insure with respect to medical, 
surgical and hospital expenses; provided, that insurance 
against loss or damage by perils other than the peril of fire 
may be written only when insurance against the peril of fire 
is written in the same policy and on forms which have been 
submitted to and approved by the commissioner; and pro- 
vided, further, that no such company shall issue any insur- 
ance under the authority of this section unless it possesses a 
surplus to pohcyholders of not less than four hundred and 
seventy-five thousand dollars or until it has made reinsur- 
ance arrangements satisfactory to the commissioner, as 
provided in section twenty. Approved May 5, 1955. 

An Act including the Japanese beetle and pine looper Qhnjj Q4n 
AS a public nuisance. ^' 

Be it enacted, etc., as follows: 

The first sentence of section 11 of chapter 132 of the Gen- g. l. (Ter. 
eral Laws, as most recently amended by chapter 422 of the f I'l.'efc^,' 
acts of 1950, is hereby further amended by inserting after amended.' 
the word "webworm", in fine 6, the words: — , Japanese 
beetle, pine looper, — so as to read as follows : — The chief Certain pests 

• 1 J J. i-'j.j.ii ij-ji • declared to be 

superintendent may, subject to the approval of the commis- public 
sioner, make rules and regulations governing all operations 
by cities and towns or persons for the purpose of suppressing 
the gypsy and brown tail moths, their larvae, pupae, nests, 
eggs and caterpillars, and tent caterpillars, cankerworms, 
oriental hag moths, fall webworm, Japanese beetle, pine 
looper and elm leaf beetles, which destroy forest and shade 
tree foUage, the Dutch elm disease and the beetles which 
spread said disease, and woodticks, all of which pests are 
hereby declared to be pubUc nuisances. 

Approved May 5, 1955. 



nuisances. 



The Commonwealth of Massachusetts, 
Executive Department, State House, 

J^osTON, June 2, 1955. 

The Honorable Edward J. Cronin, Secretary of the Com- 
monwealth, State House, Boston, Massachusetts. 

Dear Mr. Secretary: — I, Christian A. Herter, pursuant 
to the provisions of Article XLVIII of the amendments to 
the Constitution, the Referendum, II, Emergency Measures, 



200 Acts, 1955. — Chap. 341. 

hereby declare that in my opinion the immediate preserva- 
tion of the pubhc peace, health, safety and convenience re- 
quires the law entitled "An Act including the Japanese 
Beetle and Pine Looper as a Public Nuisance", Chapter 340 
of the Acts of the current year, and the enactment of which 
received my approval May 5, 1955 should take effect forth- 
with. 

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

Postponement of the operation of this Act for ninety days 
would make it impossible for towns to appropriate funds 
for the control of these nuisances before they had done 
considerable damage to trees and vegetation within their 
areas. 

Very truly yours, 

Christian A. Herter, 

Governor of the Commonwealth . 



Office of the Secretary, Boston, June 2, 19.55. 

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 
forty-five minutes, p.m., on the above date, and in accord- 
ance with Article Forty-eight of the Amendments to the 
Constitution said chapter takes effect forthwith, being 
chapter three hundred and forty of the acts of nineteen hun- 
dred and fifty-five. 

Leo M. Harlow, 
Deputy Secretary of the Commonwealth, 

Chap. 34:1 An Act authorizing the city of somerville to pay cer- 
tain MEDICAL EXPENSES OF JOHN J. CURTIN, A DISABLED 
RETIRED POLICE OFFICER OF SAID CITY. 

Be it enacted, etc., as follows: 

Section L For the purpose of discharging a moral obli- 
gation, the city of Somerville may, notwithstanding the pro- 
visions of section one hundred B of chapter forty-one of the 
General Laws, pay to John J. Curtin, a disabled, retired mem- 
ber of the police department of said city, the sum of three 
hundred and thirty dollars and twenty cents to reimburse 
him for a prosthesis for his right leg which was amputated 
as the result of injuries sustained in the performance of his 
duty, and may pay for such other medical care as the board 
of aldermen of said city may approve, subject to the provi- 
sions of its charter. 

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

Approved May 5, 1965. 



Acts, 1955. — Chaps. 342, 343, 344. 201 

An Act relative to the observance of columbus day, C/ia». 342 
so called. 

Be it enacted, etc., as folloics: 

Chapter 99 of the acts of 1955 is hereby amended by add- 
ing after section 2 the following section : — Section 3. This 
act shall take effect on January first, nineteen hundred and 
fifty-six. Approved May 5, 1955. 

An Act providing an assistant clerk for the boston Qhav 343 
juvenile court. 

Be it enacted, etc., as follows: 

Section 58 of chapter 218 of the General Laws, as amended G- l. (Ter. 
by section 2 of chapter 282 of the acts of 1936, is hereby fur- fss.'IS 
ther amended by adding at the end the following sentence: "n^ended.' 
— It shall have an assistant clerk, who shall be appointed by Boston 
the clerk, subject to the approval of the justice. juvenUe court. 

Approved May 5, 1955. 

An Act relating to changing the procedure for valu- Chav S44 

ING AND ASSESSING CERTAIN PROPERTY OF TELEPHONE AND 
telegraph COMPANIES AND CHANGING THE PROCEDURE 
RELATING TO SEEKING ABATEMENTS OF TAXES THEREON 
AND RESPECTING APPEALS INVOLVED THEREIN. 

Be it enacted, etc., as follows: 

Section 1. Chapter 59 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 39, as most recently amended f 39; et^. 
by section 32 of chapter 654 of the acts of 1953, and insert- "mended." 
ing in place thereof the following section : — • Section 39. valuation of 
The valuation at which the machinery, poles, wires and erly^'o? ^'^°''' 
underground conduits, wires and pipes of all telephone and telephone and 
telegraph companies shall be assessed by the assessors of the comp'Tnies. 
respective cities and towns where such property is subject 
to taxation shall be determined annually by the state tax 
commission, subject to appeal to the appellate tax board, as 
hereinafter provided. On or before March fifteenth in each 
year, the state tax commission shall determine and certify 
to the owner of such machinery, poles, wires and under- 
ground conduits, wires and pipes, and to the board of as- 
sessors of every city and town where such machinery, poles, 
wires and underground conduits, wires and pipes are sub- 
ject to taxation, the valuation as of January first in such 
year of such machinery, poles, wires and underground con- 
duits, wires and pipes in said city or town. Every owner Appellate tax 
and board of assessors to whom any such valuation shall gu°h'^c^ge^ ^° 
have been so certified may, on or before the fifteenth day of regulated.' 
April then next ensuing, appeal to the appellate tax board 
from such valuation. Every such appeal shall relate to the 
valuation of the machinery, poles, wires and underground 
conduits, wires and pipes of only one owner in one city or 



202 



Acts, 1955. — Chap. 344. 



G. L. (Ter. 
Ed.), 59, §73. 
stricken out. 

Effective date. 

Exceptions 
thereto. 



town, and shall name as appellees the state tax commission 
and all persons, other than the appellant, to whom such 
valuation was required to be certified. In every such appeal, 
the appellant shall have the burden of proving that the value 
of the machinery, poles, wires and underground conduits, 
wires and pipes is substantially higher or substantially lower, 
as the case may be, than the valuation certified by the state 
tax commission. The appellate tax board shall hear and 
decide the subject matter of each such appeal without priority 
over other appeals pending before it and give notice of its 
decision to the state tax commission, the owner and the board 
of assessors; and except as provided in section thirteen of 
chapter fifty-eight A, such decision shall be final and con- 
clusive. The appellate tax board shall consolidate for the 
purpose of the hearing and decision aforesaid all appeals 
relating to the valuation of the machinery, poles, wires and 
underground conduits, wires and pipes of the same owner 
in the same city or town, and in its discretion may so con- 
sohdate any or all appeals relating to the valuation of the 
machinery, poles, wires and underground conduits, wires and 
pipes of the same owner, although such appeals relate to 
more than one city or town. All appeals taken under this 
section by the same owner at the same time shall be deemed 
to constitute one appeal for the purpose of determining the 
entry fee payable therefor under section seven of chapter 
fifty-eight A. 

The board of assessors shall assess the machinery, poles, 
wires and underground conduits, wires and pipes of all tele- 
phone and telegraph companies as certified and at the value 
determined by the state tax commission under this section; 
provided, however, that in the event of a final decision by 
the appellate tax board or of the supreme judicial court 
under the preceding paragraph establishing a different valua- 
tion, the assessors shall grant an abatement, or assess and 
commit to the collector with their warrant for collection an 
additional tax, as the case may be, to conform with the 
valuation so established by such final decision. Assessment 
pursuant to this paragraph shall be deemed to be a full 
comphance with the oath of office of each assessor and a full 
performance of his official duty with relation to the assess- 
ment of such property, except as provided in the following 
section. 

Section 2. Said chapter fifty-nine is hereby further 
amended by striking out section seventy-three. 

Section 3. This act shall take effect on January first, 
nineteen hundred and fifty-six, but shall not apply to taxes 
assessed prior to said date on the machinery, poles, wires 
and underground conduits, wires and pipes of telephone and 
telegraph companies, or to the abatement of such taxes; 
but sections thirty-nine and seventy-three of chapter fifty- 
nine of the General Laws as in effect immediately prior to 
said date shall continue in effect and apply to such taxes and 
the abatement thereof. Approved May 5, 1955. 



Acts, 1955. — Chaps. 345, 346. 203 



An Act authorizing the city of malden to appropriate (Jjidj) 345 

MONEY for the PAYMENT OF, AND TO PAY, CERTAIN UNPAID 
BILLS. 

Be it enacted f etc., as follows: 

Section 1. The city of Maiden is hereby authorized to 
appropriate money for the pa5anent of, and after such ap- 
propriation the treasurer of said city is hereby authorized to 
pay, such of the unpaid bills incurred by said city and 
totalhng ten thousand and sixty-one dollars and thirty cents, 
as set forth in the hst on file in the office of the director of 
accounts in the department of corporations and taxation, as 
are legally unenforceable against said city, either by reason 
of their being incurred in excess of available appropriations or 
by reason of the failure of said city to comply with the pro- 
visions of its charter, and as are certified for payment by the 
heads of the departments wherein the bills were contracted. 

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

Section 3. Any person who knowingly files a certificate 
required by section two which is false and who thereby re- 
ceives payment for goods, materials or services which were 
not received by or rendered to said city shall be punished by 
imprisonment for not more than one year or by a fine of not 
more than three hundred dollars, or both. 

Section 4. This authorization shall apply only to unpaid 
bills incurred in the year nineteen hundred and fifty-four. 

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

Approved May 6, 1956. 

An Act authorizing savings banks to participate with r^hn^ qaq 

TRUST companies AND NATIONAL BANKING ASSOCIATIONS ^' 

IN MORTGAGE LOANS OF THE NEW INDUSTRIAL PLANTS 
FOUNDATION OF LOWELL, INC. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to enable savings banks to invest P'^e^mbie. 
forthwith in certain mortgage loans in order to promote the 
development of industry in the city of Lowell, therefore it is 
hereby declared to be an emergency law necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. A savings bank may, in participation with one 
or more other savings banks or trust companies or national 
banking associations, invest in mortgage loans of the New 



204 Acts, 1955. — Chap. 347. 

Industrial Plants Foundation of Lowell, Inc., and its succes- 
sors in interest, provided that such loans may not be made 
other than in the class of loans authorized by clause First of 
section fifty-four of chapter one hundred and sixty-eight of 
the General Laws, as limited by subdivisions (a) to (d), in- 
clusive, of said clause First. The participating corporations 
shall enter into a written agreement, for themselves, their 
successors and assigns, which shall include provisions for the 
custody of the note and mortgage and for the servicing and 
foreclosure thereof. The amount of the participation of any 
savings bank in any such loan shall not exceed one per cent 
of its deposits, and the aggregate balance of principal of all 
such participations, outstanding at any one time, shall not 
exceed five per cent of the total deposits of such corporation. 
Where, however, one or more savings banks enter into a par- 
ticipation arrangement with a trust company or national 
banking association, the written agreement referred to above 
shall provide that the custody of the note and mortgage shall 
remain in the possession of one of said savings banks. 

Section 2. This act shall become inoperative after two 
years from its effective date. Approved May 6, 1955. 

Chap.34i7 An Act granting the consent of the commonwealth 

TO the acquisition by the united states of AMERICA 
OF CERTAIN LANDS FOR USE IN CONNECTION WITH A MILI- 
TARY RESERVATION KNOWN AS LAURENCE G. HANSCOM 
FIELD AND GRANTING AND CEDING JURISDICTION OVER 
SUCH LANDS. 

Be it enacted, etc., as follows: 

Section L The consent of the commonwealth is hereby 
granted to the acquisition by the United States of America 
for use as a mihtary reservation of three parcels of land 
situated in the towns of Bedford, Concord, Lincoln and 
Lexington, County of Middlesex, Commonwealth of Massa- 
chusetts, bounded and described as follows : — 

L A certain parcel of land, situated in the towns of 
Bedford, Concord, Lincoln and Lexington, County of 
Middlesex, and Commonwealth of Massachusetts, being 
more particularly bounded and described as follows: — 

Beginning at a point on the northerly side of Wood street 
at land now or formerly of James V. Cosgrove et ux, said 
point being 960.58 feet easterly from the Lexington and 
Bedford town fine; thence southerly crossing Wood street 
50 feet, more or less, to the southerly side of said street; 
thence turning and running northeasterly by the said south- 
erly side of Wood street 750 feet, more or less, to land now or 
formerly of Hugh J. Maguire; thence turning and running 
by land now or formerly of Hugh J. Maguire south 8° east 
615 feet, more or less, south 15° east 300 feet, more or less, 
and south 78° east 350 feet, more or less, to the westerly side 
of Wood street; thence turning and running southwesterly 
by the said westerly side of Wood street 300 feet, more or 



Acts, 1955. — Chap. 347. 205 

less, to land now or formerly of Massachusetts Institute of 
Technology; thence turning and running by land now or 
formerly of Massachusetts Institute of Technology the fol- 
lowing courses and distances: — south 77° 56' 30" west 
219.55 feet, south 49° 06' 40" west 107.83 feet, north 27° 09' 
west 53.87 feet, south 77° 56' 30" west 982.85 feet, south 90° 
west 400.00 feet, south 0° west 400.00 feet, south 39° 02' 
east 900.13 feet, and north 90° east 818.63 feet to land now 
or f oraaerly of Lex-Wood Poultry Farms, Inc. ; thence turn- 
ing and running by land now or formerly of Lex- Wood 
Poultry Farms, Inc., south 49° 44' 10" west 247.55 feet to 
land now or formerly of Henry B. Cronier et ux; thence 
turning and running in part by land now or formerly of 
Henry E. Cronier et ux, in part by land now or formerly of 
Charles H. McLaughlin, and in part by land now or formerly 
of Mary A. Neville et al, south 47° 58' west 1,837 feet more or 
less to the northerly line of the Airport road ; thence turning 
and running northwesterly by said Airport road 4,674.53 
feet, more or less, to Shawsheen river; thence turning and 
running southwesterly along said Shawsheen river and 
crossing Airport road 300 feet, more or less, to the Bedford- 
Lincoln town line; thence turning and running south 
52° 00' west along said town Hne 440 feet, more or less, to a 
town bound; thence south 36° 00' west 620 feet, more or 
less, and south 82° 00' west 300 feet, more or less, to a point, 
said point being southeasterly 100.0 feet from the center Hne 
of the relocated Old Bedford road; thence southwesterly 
parallel to and 100.0 feet from the center line of the relocated 
Old Bedford road 500 feet, more or less, to a point, said point 
being southwesterly 650.0 feet from and at right angles to the 
center hne of the NW-SE runway extended; thence north- 
westerly parallel to and 650.0 feet from center line of said 
NW-SE runway and crossing the relocated Old Bedford 
road 3,250 feet, more or less, to a point, said point being 
southeasterly 800.0 feet from and at right angles to the 
center line of the NE-SW runway; thence northeasterly 
parallel to and 800.0 feet from the center line of the NE-SW 
runway 1,650 feet, more or less, to a point southerly 400.0 
feet from and at right angles to the center line of the E-W 
runway; thence easterly parallel to and 400.0 feet from the 
center line of the E-W runway 5,250 feet, more or less, to a 
point; thence north 59° 03' east 200 feet, more or less, to a 
point on the Bedford-Lexington town line, said point being 
on the northerly right-of-way hne of a spur track running 
northeasterly to the Lexington branch of the Boston and 
Maine Railroad ; thence by said northerly right-of-way line 
of spur track the following courses and distances : — north 
59° 03' east 1,350 feet, more or less, north 34° 30' east 110 
feet, more or less, north 57° 00' east 96 feet, more or less, 
southeasterly 40 feet, more or less, north 59° 03' oast 405 
feet, more or less, to a point of curve ; thence northerly by a 
curve deflecting to the left having a radi'^s of 523.69 feet a 
distance of 605 feet, more or less, to a point of tangency and 



206 Acts, 1955. — Chap. 347. 

north 31° 15' west 111.75 feet, more or less, to a point; 
thence north 14° 56' west 224 feet, more or less, to the 
southwesterly side line of the Boston and Maine Railroad 
right-of-way, Lexington branch; thence along said raihoad 
right-of-way south 41° 04' east 260 feet, more or less, and 
south 45° 30' east 65 feet, more or less, to a point; thence 
southerly by a curve deflecting to the right, having a radius 
of 623.69 feet, a distance of 774 feet, more or less, to a point 
of tangency; thence the following courses and distances, 
south 59° 03' west 920 feet, more or less, south 42° 15' west 
283 feet, more or less, north 50° 00' west 80 feet, more or less, 
and south 59° 03' west 890 feet, more or less, to the Lexing- 
ton-Bedford town hne; thence south 27° 00' west along said 
town line 166.24 feet, more or less, to a point; thence turning 
and running by land now or formerly of Eunice E. Holton, 
south 70° 58' 48" east 367.65 feet, south 19° 01' 12" west 
400 feet, and south 31° west 890 feet, more or less, to land 
now or formerly of James V. Cosgrove et ux; thence turning 
and running by land now or formerly of James V. Cosgrove 
south 7° 51' east 151.63 feet, south 9° 34' east 149.03 feet, 
south 7° 51' west 294.01 feet, and south 48°^ 43' 30" east 
128.5 feet to the point of beginning. Containing 619 acres, 
more or less. 

2. A certain parcel of land situated in the town of Bedford, 
County of Middlesex, and Commonwealth of Massachusetts, 
being more particularly bounded and described as follows : — 

Beginning at a point on the northerly hne of land of the 
Commonwealth of Massachusetts, said point being on the 
northwesterly line of Hartwell road at land now or formerly 
of McGovern; thence crossing said Hartwell road south 
38° 19' east 28 feet, more or less, to a point on the south- 
easterly Hne of said road; thence south 9° west 240 feet, 
more or less, to a point, said point being northwesterly 750.0 
feet from and at right angles to the center hne of the NE-SW 
runway; thence southwesterly parallel to and 750.0 feet 
from center hne of said NE-SW runway 750 feet, more or less, 
to a point, said point being on the easterly face of apron ex- 
tended northerly; thence southerly by said easterly face of 
apron 125 feet, more or less, to a corner in apron; thence 
turning and running by said apron, easterly 170 feet, more 
or less, southerly 200 feet, more or less, westerly 825 feet, 
more or less, and northerly 200 feet, more or less, to the 
northwesterly corner of said existing apron; thence north 
16° 00' west 1,450 feet, more or less, to a point on the north- 
erly boundary line of land of the Commonwealth of Massa- 
chusetts; thence by the said northerly boundary line the 
following courses and distances, north 44° 50' east 450 feet, 
more or less, south 70° 25' east 1,091.9 feet, more or less, 
south 25° 35' east 183.49 feet, more or less, and south 38° 19' 
east 100 feet, more or less, to the point of beginning. Con- 
taining 42.0 acres, more or less. 

3. A certain parcel of land, situated in the towns of 
Bedford and Lincoln, County of Middlesex, and Common- 



Acts, 1955. — Chap. 347. 207 

wealth of Massachusetts, being more particularly bounded 
and described as follows: — 

Beginning at a point on the dividing line between the 
towns of Lincoln and Bedford, said point being on the 
northeasterly line of the Airport road; thence southwesterly 
along the dividing line between the towns of Lincoln and 
Bedford 200 feet, more or less, to a granite monument; 
thence turning and running north 50° 34' west, by land of 
Harry Cook, 146 feet, more or less, to a point 33 feet south- 
erly from and at right angle to the center hne of the Old 
Bedford road relocated by the United States of America; 
thence turning and running westerly by land of Harry Cook, 
by a curve to the left of 369.20 feet radius and parallel to and 
33 feet from said center hne 220 feet, more or less, to point 
of tangency ; thence south 57° 29' 00" west by land of Harry 
Cook and by land of Ralph E. Butcher 695 feet, more or less, 
to Parcel 1; thence northeasterly by said Parcel 1 to the 
Shaw^sheen river; thence turning and running northeasterly 
by said Shawsheen river to the northeasterly line of Airport 
road; thence turning and running southeasterly by said 
Airport road 680 feet, more or less to the point of beginning. 
Containing 5.54 acres, more or less. 

Section 2. Jurisdiction over the above described lands 
is hereby granted and ceded to the United States of America, 
but upon the express condition that the commonwealth shall 
retain concurrent jurisdiction with the United States of 
America in and over said lands, in so far that all civil proc- 
esses and such criminal processes as may issue under the 
authority of the commonwealth against any person or 
persons charged with crimes committed without said lands 
and all processes for collection of taxes levied under authority 
of the laws of the commonwealth, including the service of 
warrants, may be executed thereon in the same manner as 
though this cession had not been granted; provided, that 
exclusive jurisdiction in and over those portions of the above- 
described lands subject to existing easements for public 
roads and highways shall vest in the United States of America 
only after said public roads and highways have been aban- 
doned, closed or otherAvise discontinued by proper authority ; 
and provided, further, that the exclusive jurisdiction in and 
over the above-described lands shall revert to and revest 
in the commonwealth whenever such lands shall- cease to be 
used for the purpose set forth in section one. 

Section 3. This act shall take full effect upon the de- 
positing in the office of the state secretary within one year 
after its effective date of a suitable plan of the three parcels 
of land described in section one, but not otherwise. 

Approved May 6^ 1956. 



208 



Acts, 1955. — Chaps. 348, 349, 350, 351. 



C/iap. 348 An Act providing that certain appeals from planning 

BOARDS OR BOARDS OF APPEAL TO THE SUPERIOR COURT 
BE ADVANCED FOR HEARING. 

Be it enacted, etc., as follows: 

Section 8 IBB of chapter 41 of the General Laws, as appear- 
ing in section 7 of chapter 674 of the acts of 1953, is hereby 
amended by adding at the end the following paragraph : — 

All issues in any proceeding under this section may be ad- 
vanced for speedy trial over other civil actions and proceed- 
ings. Approved May 6, 1955. 



G. L. (Ter. 
Ed.), 41, 
§ 81BB, etc., 
amended. 

Certain 
appeals to be 
advanced for 
speedy trial. 



C/iap.349 An Act relating to the powers and duties of local 

ZONING boards OF APPEAL. 



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



Powers of 
local zoning 
boards of 
appeal. 



Be it enacted, etc., as follows: 

Section 19 of chapter 40 A of the General Laws, as appear- 
ing in section 2 of chapter 368 of the acts of 1954, is hereby 
amended by striking out the second paragraph and inserting 
in place thereof the following paragraph : — 

The concurring vote of all the members of a board of ap- 
peals consisting of not more than four members, and the con- 
curring vote of all except one member of a board consisting of 
more than four members, shall be necessary to reverse any or- 
der or decision of any administrative official under this chap- 
ter, or to decide in favor of the applicant on any matter upon 
which it is required to pass under any zoning ordinance or by- 
law, or to effect any variance in the application of any such 
ordinance or by-law. Approved May 6, 1955. 



Chap. 350 An Act designating the park in the city of somerville 

UNDER the jurisdiction OF THE METROPOLITAN DISTRICT 
COMMISSION AS THE SAXTON C. FOSS PARK. 

Be it enacted, etc., as follows: 

The public park in the city of Somerville which was dedi- 
cated to the memory of the late World War I hero Saxton C. 
Foss by the government of said city, and which is now under 
the jurisdiction of the metropolitan district commission, shall 
be known as the Saxton C. Foss Park. The said commission 
is hereby authorized and directed to erect thereon a suitable 
plaque bearing said designation. Approved May 9, 1955. 



Chap. 351 An Act authorizing the board of trustees of lowell 

TECHNOLOGICAL INSTITUTE OF MASSACHUSETTS TO ACQUIRE 
BY EMINENT DOMAIN CERTAIN LAND IN THE CITY OF LOWELL. 

Be it enacted, etc., as follows: 

For the purpose of taking by eminent domain the parcel 
of land described in the second paragraph of chapter five 



Acts, 1955. — Chap. 352. 209 

hundred and twenty-one of the acts of nineteen hundred and 
fifty one, to wit : — 

Beginning at the westerly corner of the premises at a 
stone bound, marked, at the intersection of the southeast- 
erly line of Riverside street, with the northeasterly line of 
Falmouth street; thence running southeasterly on said Fal- 
mouth street fifty-two and sixty-eight one hundredths feet 
to a nail in a stake in the northeasterly line of said Falmouth 
street; thence northeasterly at an interior angle of eighty- 
one degrees, fifty-two minutes, thirty seconds with the north- 
easterly line of said Falmouth street, on land now or formerly 
of the Proprietors of the Locks and Canals on Merrimack 
river, seventy-three and nine tenths feet to a drill hole in a 
boulder; thence northwesterly at a right angle with the last 
described line, on other land of said Proprietors, seventy- 
three and forty-five one hundredths feet to a nail in a stake 
in the southeasterly line of said Riverside street; thence 
southwesterly on said Riverside street sixty-nine and seventy- 
six one hundredths feet to the point of beginning, the last 
described fine making an angle of one hundred and fifteen 
degrees, fifty-two minutes with the first above described line 
at said point of beginning, the trustees of the Lowell Tech- 
nological Institute of Massachusetts may expend such sums 
as may be necessary from the balance available in item 
1345-38 of section two of chapter four hundred and eighty- 
nine of the acts of nineteen hundred and fifty-three, which 
balance is hereby made available until June thirtieth, nine- 
teen hundred and fifty-seven, and such additional sums as 
may be appropriated therefor. Approved May 9, 1955. 

An Act relative to the transcripts of evidence and Chav.S52 

THE filing of APPEALS IN CERTAIN CRIMINAL CASES. 

Be it enacted, etc., as follows: 

Section L Chapter 278 of the General Laws is hereby g. l. (Ter. 
amended by striking out sections 33 A and 33B, as most re- fi'sslf^ssB, 
cently amended by section 1 of chapter 187 of the acts of «'*<'- amended. 
1954, and inserting in place thereof the following sections: 
— Section 33 A. In any proceedings or trials upon an in- Transcripts of 
dictment or complaint for any felony and for any misde- clrta^'^cr^mi- 
meanor tried wdth a felony the evidence shall be taken by ^ai cases. 
an official stenographer or by a stenographer appointed by 
the court. 

In any proceeding or trial upon an indictment for murder 
or manslaughter or, by order of the court, upon an indict- 
ment or complaint for any other felony, and a misdemeanor 
tried with such felony made subject to this and the six fol- 
lowing sections, the evidence taken as above provided shall 
be transcribed in such number of copies as the court may 
direct. The evidence thus 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 rec- 



210 



Acts, 1955. — Chap. 353. 



Appeals in 
such oases, 
regulated. 



Effective 
date. 



ord of the evidence. Alleged errors in the transcript of the 
evidence must seasonably be called to the attention of the 
court. Exceptions taken during the proceedings and trials 
shall be numbered consecutively in the transcript of the evi- 
dence. 

Section 33B. A defendant in a case of murder or man- 
slaughter, or of another felony and a misdemeanor tried with 
it and made subject to sections thirty-three A to thirty-three 
G, inclusive, by order of court as provided herein and in sec- 
tions thirty-one and thirty-three A, aggrieved by an opinion, 
ruUng, direction or judgment of the superior court, rendered 
upon any question of law arising out of such case or upon a 
motion for a new trial, but not upon a plea in abatement, 
who desires to appeal therefrom 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. 

Of the copies of the transcript directed by the court under 
section thirty-three A, one copy shall be furnished to the de- 
fendant, who shall pay for the expense of his transcript unless 
the court otherwise directs. 

Section 2. This act shall take effect on September first, 
nineteen hundred and fifty-five. Approved May 9, 1955. 



G. L. (Ter. 
Ed.), 159B, § I 
amended. 

G. L. (Ter. 
Ed.), 159B, 
new § 6A, 
added. 
Certain 
common 
carrier rates, 
regulated. 



Chap.SdS An Act further to define responsibility for illegal 

RATE PRACTICES BY COMMON CARRIERS BY MOTOR VEHICLE, 

Be it enacted, etc.y as follows: 

Section 1. Section 6 of chapter 159B of the General 
Laws is hereby amended by striking out the fifth paragraph. 

Section 2. Said chapter 159B is hereby further amended 
by inserting after section 6 the following section : — Section 
6 A. No common carrier by motor vehicle shall charge, 
demand, collect or receive a different compensation for 
transportation or for any service in connection therewith 
between the points enumerated in such tariffs than the rates 
and charges specified in the tariffs in effect at the time; and 
no such carrier shall refund or remit in any manner or by 
any device, directly or indirectly, or through any agent or 
broker or otherwise, any portion of the rates or charges so 
specified, or extend to any person any privilege or facihty 
for transportation except such as are specified in its tariffs. 

No shipper, consignee or any other person, in connection 
with any transportation operation subject to this chapter, 
shall knowingly induce or persuade or enter into any contract 
or agreement with any common carrier by motor vehicle to 
make a rebate or refund of any lawful transportation charges, 
or to give up or repay any part of any payment to which he 
is lawfully entitled, or to render a bill for an amount different 
from those proper under the rates and charges estabhshed 
under the provisions of this section and contained in the 
published tariffs legally on file with the department. 



Acts, 1955. — Chaps. 354, 355, 356. 211 

Nothing in this section shall apply to the transportation 
of property by motor vehicle when there is a physical transfer 
of such property from one common carrier to another such 
common carrier when the rate charged the public for trans- 
portation of such property is already published and filed 
with the department. Approved May 11, 1955. 

An Act providing a fifth assistant clerk of courts QJkijj 354 
for worcester county. 

Be it enacted, etc., as follows: 

Section 1. Section 4 of chapter 221 of the General Ed)''2Jr%4 
Laws, as most recently amended by section 1 of chapter 248 etc!, 'amended'. 
of the acts of 1946, is hereby further amended by striking ^ie^'i^*orcourts 
out, in line 18, the words "and a fourth assistant" and insert- tor Worcester 
ing in place thereof the following words: — , a fourth assist- ^°^"*y- 
ant and a fifth assistant. 

Section 2. This act shall take effect on June first, nine- Effective 
teen hundred and fifty-six. Approved May 12, 1955. '^''*^- 

An Act relative to the retirement benefits of lester Chav.S55 

H. HOLMES, AN EMPLOYEE OF THE TOWN OF NORTON. 

Be it enacted, etc., as follows: 

Section 1. Lester H. Holmes, employed by the town of 
Norton prior to July first, nineteen hundred and forty-seven, 
may become a member of the contributory retirement system 
of Bristol county, notwithstanding any provision of law 
governing said retirement system that makes him ineligible 
for membership therein. Upon becoming such member, he 
shall be entitled to all the rights and privileges of members 
of said system which he would have enjoyed if he had be- 
come a member of the system on July first, nineteen hundred 
and forty-seven, the date allowed by existing law; provided, 
that he first deposits in the retirement fund of said system 
such amount as the board of retirement under said system 
may determine in order to estabhsh an account for him in 
said retirement fund in an amount equal to that which it 
would be if he had been a member of said system since said 
July first, nineteen hundred and forty-seven. 

Section 2. This act shall take full effect upon its accept- 
ance by a majority of the board of selectmen of said towTi. 

Approved May 12, 1955. 

An Act authorizing the director of the division of Chap.35Q 

FISHERIES AND GAME TO ACQUIRE CERTAIN LANDS IN THE 
TOWNS OF BARRE AND PHILLIPSTON. 

Be it enacted, etc., as follows: 

Section 1. The director of the division of fisheries and 
game, with the approval of the fish and game board and 
the selectmen of the towns of Barre and Phillipston, is 



212 



Acts, 1955. — Chaps. 357, 358. 



hereby authorized to take by eminent domain, under chap- 
ter seventy-nine of the General Laws, and hold for wildlife 
management purposes, an area of approximately eight 
hundred and twenty acres located in said towns of Barre 
and Phillipston, and shown on a plan entitled, "Plan of 
Land Located in Phillipston and Barre, Owned by Joseph H. 
Higgins". 

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

Approved May 13, 1955. 



Chap. 357 An Act providing that no inmate of a training school 

SHALL BE PLACED IN SOLITARY CONFINEMENT. 

Be it enacted, etc., as follows: 

Section 39 of chapter 127 of the General Laws, as ap- 
pearing in the Tercentenary Edition, is hereby amended by 
inserting after the word "school", in line 1, the words: — 
or training school, — so as to read as follows : — Section 39. 
The officers of a juvenile reformatory school or training 
school shall not place an inmate in any cell, room or cage in 
sohtary confinement. Whenever restraint or separation 
from the other inmates is necessary, confinement shall be 
permitted only in a place where the inmate is under the 
constant supervision of an officer of the school. • 

Approved May 13, 1955. 



G. L. (Ter. 
Ed.), 127, § 39, 
amended. 



Confinement 
of inmates 
of training 
schools, 
regulated. 



G. L. (Ter. 
Ed.), 44, 
§ 33A, etc., 
amended. 



Consideration 
of salary 
increases by 
city councils, 
regulated. 



Chap.S5S An Act providing that in non-municipal election years 

CITY COUNCILS BE PERMITTED TO CONSIDER ORDINANCES 
PROVIDING FOR SALARY AND WAGE INCREASES. 

Be it enacted, etc., as follows: 

Chapter 44 of the General Laws is hereby amended by 
striking out section 33 A, as most recently amended by chapter 
370 of the acts of 1950, and inserting in place thereof the 
following section: — Section 33 A. The annual budget shall 
include sums sufficient to pay the salaries of officers and em- 
ployees fixed by law or by ordinance. Notwithstanding any 
contrary provision of any city charter, no ordinance pro- 
viding for an increase in the salaries or wages of municipal 
officers or employees shall be enacted except by a two thirds 
vote of the city council, nor unless it is to be operative for 
more than three months during the financial year in which 
it is passed; provided, however, that in any year other than 
a regular municipal election year, ordinances may be en- 
acted by a two thirds vote during the month of December 
providing for an increase in the salaries and wages of officers 
and employees, to become effective as of January first of 
the next ensuing year. No new position shall be created or 
increase in rate made by ordinance, vote or appointment 
during the financial year subsequent to the submission of 
the annual budget unless provision therefor has been made 
by means of a supplemental appropriation. No ordinance, 



Acts, 1955. — Chaps. 359, 360, 361. 213 

vote or appointment creating a new position in any year in 
which a municipal election is held shall be vaUd and effective 
unless said ordinance, vote or appointment is operative for 
more than three months during said municipal election year. 

Approved May IS, 1955. 



Chap.S59 



An Act providing for the advancement for speedy 
trial of certain cases removed by the defendant 
from the district court to the superior court. 

Be it enacted, etc., as follows: 

Section 59 of chapter 231 of the General Laws, as ap- g. l. (Ter. 
pearing in the Tercentenary Edition, is hereby amended by fmeAdt^d.' ^ ^^' 
inserting after the fourth sentence the following sentence : — 
In any action removed by the defendant from the district Advancement 
court, in which the ad damnum is not more than two thousand tHai^TcJrtain 
dollars, the court shall upon motion advance such action for *''"'^^' required. 
speedy trial. Approved May 13, 1955. 



Chap.Zm 



An Act relative to the service of process on certain 
non-residents doing business in this commonwealth. 

Be it enacted, etc., as follows: 

Section 5 of chapter 227 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by strik- f^endel' ^ ^' 
ing out the last sentence and inserting in place thereof the 
two following sentences : — If such individual or partnership service of 
fails to appoint an agent and does business in this common- ^g^^^ °° 
wealth, service of process may be made upon the state secre- non-residents. 
tary. The secretary shall give notice to the defendant of 
said action as now provided by law. 

Approved May 13, 1955. 



An Act relative to the extension of time of payment C/iai).361 
OF betterment and sewer assessments upon land of 
recipients of old age assistance and others in the 

city of WORCESTER. 

Be it enacted, etc., as follows: 

Section L The city council of the city of Worcester 
may extend for a fixed period of time, not exceeding five 
years, or until the death of the recipient or person, or until 
the alienation of said land, whichever event first occurs, the 
time of payment of assessments made under the provisions 
of chapter eighty of the General Laws upon land owned by 
recipients of old age assistance or persons the polls and any 
portion of the estates of whom are exempt from taxation 
under the provisions of clause Eighteenth of section five of 
chapter fifty-nine of the General Laws. Interest upon said 
assessments shall accrue at the rate of four per cent per 



214 Acts, 1955. — Chap. 362. 

annum but shall not be due and payable until the assess- 
ment becomes due and payable. At the end of the fixed 
period of time if death or ahenation has not occurred, the 
time may be further extended for a fixed period of time, 
not exceeding five years, or until the death of the recipient 
or person, or alienation of said land, whichever event first 
occurs. Assessments, the payment of which are extended 
hereunder together with interest thereon, shall constitute a 
hen upon the land assessed in the same manner and to the 
same extent as if the time of payment had been extended 
under section thirteen A of chapter eighty of the General 
Laws. 

Section 2. The city council of the city of Worcester 
may extend the time of payment of assessments made under 
chapter one hundred and six of the acts of eighteen hundred 
and sixty-seven, as amended, upon recipients of old age as- 
sistance or upon persons the polls and any portion of the 
estates of whom are exempt from taxation under the pro- 
visions of clause Eighteenth of section five of chapter fifty- 
nine of the General Laws for a fixed period of time, not ex- 
ceeding five years, or until the death of the recipient or 
person, or until the ahenation of the real estate in question 
whichever event first occurs. Interest upon said assessments 
shall accrue at the rate of four and one half per cent per 
annum but shall not be due and payable until the assess- 
ment becomes due and payable. At the end of the fixed 
period of time, if death or alienation has not occurred, the 
time may be further extended for another fixed period of 
time, not exceeding five years, or until the death of the 
recipient or person, or until alienation of said real estate, 
whichever event first occurs. Assessments, the payment of 
which are extended hereunder, together with interest thereon, 
shall constitute a hen upon said real estate in the same man- 
ner and to the same extent as if the time of payment had 
been extended under section three of chapter two hundred 
and eighty-two of the acts of nineteen hundred and thirty- 
nine. Approved May 13, 1955. 



Chap.SQ2 An Act authorizing off-street parking facilities in 

THE CITY OF LOWELL, 

Be it enacted, etc., as follows: 

Section L For the purposes of constructing pubHc park- 
ing areas, including original pavement thereof, as well as the 
construction of structures, garages and facilities for off-street 
public parking, the city of Lowell may acquire by purchase 
or otherwise, or take by eminent domain under the provisions 
of chapter seventy-nine or eighty A of the General Laws, 
lands and buildings located on Paige, Brookings, John and 
French streets, and on such 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 



Acts, 1955. — Chap. 363. 215 

years from the passage of this act such sums as may be neces- 
sary, not exceeding in the aggregate seven hundred and fifty 
thousand dollars, and may issue bonds or notes therefor 
which shall bear on their face the words, City of Lowell, 
PubUc Parking Loan, Act of 1955. Each authorized issue 
shall constitute a separate loan, and such loans shall be paid 
in not more than twenty years from their dates. Indebted- 
ness incurred under this act shall be 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, structures, garages and facilities and 
make a charge for the use of space therein, and the receipts 
thereof shall be appHed annually, first, to reimbursing the 
city for its annual payments on account of the above-men- 
tioned loan or loans, and secondly, for any of the purposes for 
which parking meter receipts may be used under sections 
twenty-two B and twenty-two C of chapter forty of the 
General Laws. 

Section 3. In the event that the city determines to con- 
struct and operate any off-street public parking structures, 
garages or facihties, said city shall, by ordinance, estabhsh 
rules and regulations for the operation thereof. 

Section 4. Upon liquidation of the loan authorized by 
section one, the receipts from said parking meters, structures, 
garages or facilities may be used for the purposes prescribed 
by said sections twenty-two B and twenty-two C of said 
chapter forty. 

Section 5. This act shall be construed to be in addition 
to all other rights granted by the General Laws pertaining to 
the installation and operation of parking meters in on-street 
and off-street areas, and the disbursement of receipts there- 
from. 

Section 6. Said city may acquire said parking meters in 
the manner provided by section twenty-two A of said 
chapter forty. 

Section 7. This act shall take effect upon its passage. 

Approved May 16, 1955. 



An Act relative to hospital bonds of the town of Chap.SQS 

DANVERS. 

Be it enacted, etc., as follows: 

Section I. That portion of the vote of the town of Dan- 
vers adopted at a special town meeting May twenty-fifth, 
nineteen hundred and fifty-three, authorizing the issuance 
for hospital purposes of two hundred and ten thousand dol- 
lars of bonds of said town payable in the amount of twenty- 
one thousand dollars in each year for ten years by virtue of 



216 Acts, 1955. — Chap. 364. 

section seven of chapter forty-four of the General Laws, be 
and hereby is vahdated, and said bonds may be issued under 
• this act and said chapter fort3''-four, as amended, without 

further vote of said town or approval of the emergency fi- 
nance board established under chapter forty-nine of the acts 
of nineteen hundred and thirty-three. 

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

Approved May 16, 1955. 

Chap. 3Q4: An Act authorizing the city of boston to borrow 

MONEY FOR REMODELING, RECONSTRUCTING AND MAKING 
EXTRAORDINARY REPAIRS TO CERTAIN BUILDINGS OWNED 
BY SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston, by a two-thirds vote, as 
defined in section one of chapter forty-four of the General 
Laws, may borrow from time to time, inside of its limit of 
indebtedness as prescribed by section ten of said chapter 
forty-four, such sums as may be necessary, not exceeding, 
in the aggregate, three million dollars, for remodeling, re- 
constructing or making extraordinary repairs to hospital and 
library buildings owned by said city, including water and 
sewer systems appurtenant to such buildings, and may issue 
bonds or notes therefor. Such bonds or notes shall bear on 
their face the words, City of Boston, Extraordinary Repairs 
Loan, Act of 1955. Each authorized issue shall constitute a 
separate loan and shall be paid in not more than ten years 
from the date of issue. Debt incurred under this section 
shall, except as provided herein, be subject to the provisions 
of chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven 
thereof ; provided, however, that no loan shall be authorized 
under this section unless and until there shall have been ap- 
propriated from available revenue funds or voted to be 
raised by taxation for the purposes set forth in section three 
of this act a sum equivalent to twenty-five cents on each one 
thousand dollars of the assessed valuation of said city for the 
year nineteen hundred and fifty-four, exclusive of the value 
of motor vehicles and trailers and the value of ships and 
vessels on which a vessel excise tax is based. 

Section 2. The proceeds of the loan or loans provided 
for under section one shall be applied and used for the fol- 
lowing departments within the limitations as to amounts 
herein set forth : — 

Hospital Department . . . . _ . . . $2,600,000 

Library Department, New tile roof on Main Library . 400,000 

Section 3. The amounts required to be raised by taxa- 
tion or appropriated from available revenue funds under the 
provisions of section one shall be used for remodehng, recon- 
structing or making extraordinary repairs to buildings in the 



Acts, 1955. — Chap. 365. 217 

following departments in the amounts respectively set 
forth: — 

Administrative Services Department .... $18,000 

Fire Department . . _ 10,000 

Library Department, Main Library, other than for new 

tile roof 79,500 

Real Property Department (Buildings Division) . . 205,000 

Welfare Department ....... 40,500 

Any excess of the amount required to be raised by taxation 
or appropriated from available revenue funds under section 
one over and above the aggregate of the amounts allocated 
to the respective departments under this section may be 
used to supplement the sums so allocated hereunder or may 
be used in addition to the monies authorized to be borrowed 
under section one for the purposes for which such monies are 
authorized to be borrowed. 
Section 4. This act shall take effect upon its passage. 

Approved May 16, 1955. 

An Act authorizing off-street parking facilities in Chap.365 

THE city of WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. It is hereby declared that the parking of 
motor vehicles in the streets of the city of Worcester is 
causing at the present time such congestion in said streets 
as to constitute a pubUc nuisance; that the existing au- 
thority of law is not sufficient to adequately abate aforesaid 
pubUc nuisance; that the building of structures on public 
off-street parking facilities, which will increase the number 
of motor vehicles they can accommodate, is necessary to 
further abate said nuisance; it is in the public interest to 
expend public funds for the acquisition of land and the 
building of structures on public off-street parking facilities; 
and the enactment of this act is hereby declared to be a 
pubhc necessity. 

Section 2. To provide off-street parking facilities for 
motor vehicles in the city of Worcester and to alleviate 
traffic conditions and avoid congestion on its public streets, 
the city of Worcester is hereby authorized to use existing 
city facilities and to acquire real estate by purchase, gift or 
eminent domain under chapter seventy-nine of the General 
Laws, or otherwise, for the purpose of constructing and 
operating structures, garages and off-street parking facilities 
therein, and install parking meters pursuant to the provi- 
sions of section twenty-two C of chapter forty of the General 
Laws for the purpose of regulating the parking of motor 
vehicles therein. The city of Worcester is further author- 
ized, if it so determines, in lieu of constructing and operating 
the aforesaid structures, garages and off-street parking 
facilities, to lease for construction and operation by indi- 
viduals or corporations or to construct and thereafter lease 



218 Acts, 1955. — Chap. 365. 

for operation by private individuals or corporations, any 
real estate acquired or garages or facilities constructed 
pursuant to authority contained in this section. 

In the event that the city determines to construct and 
operate said off-street parking facihties, structures and 
garages, said city, through its off-street parking board, 
being the officials responsible for the management and 
operation of said garages or off-street parking facihties, shall 
fix such rates or charges for services furnished for parking as 
are best adapted to insure sufficient income to meet the 
cost of the service or off-street parking provided as herein 
defined; provided, however, if in any year the income 
from such rates or charges is insufficient to meet the costs 
of the service, as herein defined, the amount of such de- 
ficiency shall be transferred from any available funds in the 
parking meter fees fund, any other provision of law to the 
contrary notwithstanding. 

The cost of the service shall include (1) all operating 
expenses; (2) interest on all indebtedness; (3) all other 
costs or charges incurred in the development, operation and 
management of said garages or facihties; and (4) maturing 
debt. 

Section 3. In the event the city of Worcester determines 
to lease to lessees for operation under private management 
the whole or any part of said structures, garages or off-street 
parking facihties, or to lease land acquired under section 
two of this act to lessees for construction and operation 
thereon by and under private management said garages and 
off-street parking facilities, it shall do so only by competi- 
tive bidding in the manner required for the awarding of 
contracts under section twenty-eight of chapter forty-three 
of the General Laws. 

Section 4. For the purposes of this act the city of 
Worcester may from time to time incur indebtedness in an 
amount not exceeding one milhon five hundred thousand 
dollars, and may issue bonds or notes therefor which shall 
bear on their face the words, Worcester Off-Street Parking 
Facihties Loan, Act of 1955. Each authorized issue shall 
constitute a separate loan, and such loans shall be payable 
in not more than twenty years from their dates. Indebted- 
ness incurred under this act shall be in excess of the statutory 
limit, and shall, except as provided herein, be subject to the 
provisions of chapter forty-four of the General Laws, ex- 
clusive of the limitation contained in the first paragraph of 
section seven thereof. 

Section 5. The terms "off-street parking" and "off- 
street parking facihties" as used in this act shall be con- 
strued to mean off-street parking and off-street parking 
facihties within the meaning of section twenty-two C of 
chapter forty of the General Laws, and any receipts from 
parking meters installed in off-street parking areas, facilities 
or garages authorized by this act and operated and managed 
by the off-street parking board shall be construed to be 



Acts, 1955. — Chaps. 366, 367. 219 

off-street parking receipts within the meaning of said sec- 
tion twenty-two C. 

Section 6. This act shall take effect upon its acceptance 
by the city council of the city of Worcester, but not other- 
wise. . Approved May 16, 1955. 

An Act providing for the inclusion of telephone com- Cjiap.'^QQ 

PANY EMPLOYEES IN THE WORKMEN'S COMPENSATION ACT. 

Be it enacted, etc., as follows: 

The third paragraph of paragraph (4) of section 1 of gj^- (Jg^j ^ 
chapter 152 of the General Laws, as amended by section 1 etc., 'amended! 
of chapter 656 of the acts of 1953, is hereby further amended ^^o^'Je^^^^^fo^ 
by striking out, in lines 3 and 4, the words "persons em- act, extended. 
ployed by telephone companies subject to the federal com- 
munications act,". Approved May 16, 1955. 

An Act authorizing the department of public health Chap. 367 

TO ESTABLISH STANDARDS FOR CERTAIN PUBLIC MEDICAL 
INSTITUTIONS. 

Be it enacted, etc., as follows: 

Chapter 118A of the General Laws is hereby amended by g. l. (Ter. 
striking out section IB, inserted by chapter 475 of the acts fiB, itc.t' 
of 1951, and inserting in place thereof the following section: amended. 
— Section IB. Notwithstanding the provisions of section 
one, assistance under this chapter shall be given to any Establishment 
person otherwise eligible therefor who is a patient in a pub- °or^certdn''^ 
he medical institution; provided, however, that no such as- fn^atJIut^^'^g*''^' 
sistance shall be given to any individual who is a patient in authorized.' 
an institution for tuberculosis or mental diseases or who has 
been diagnosed as having tuberculosis or psychosis and is a 
patient in a medical institution as a result thereof. For 
purposes of this section, a public medical institution is an 
institution, supported in whole or in part by public funds, 
which is staffed by professional medical and nursing per- 
sonnel and provides medical care, including nursing and con- 
valescent care, in accordance with accepted standards. Such 
an institution, if a hospital, shall meet the hcensing provi- 
sions of the department of public health; otherwise, such 
institution shall meet standards established by said depart- 
ment; authority to establish such standards being hereby 
granted to the department of public health. 

In the event that an applicant for assistance under this 
section is a patient in a public medical institution at the 
time when application for assistance is made, the applica- 
tion shall be made in the town in which said person has a 
legal settlement. If such person has no settlement in the 
commonwealth, apphcation shall be made in the town in 
which he last maintained a residence outside of an institution. 

Approved May 16, 1955. 



220 Acts, 1955. — Chaps. 368, 369. 



Chap.36S An Act relative to appropriations for school purposes 

IN THE CITY OF LYNN. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 178 of the acts of 1909 
is hereby amended by striking out the paragraph inserted 
by section 1 of chapter 154 of the acts of 1937, as most 
recently amended by section 1 of chapter 46 of the acts of 
1951, and inserting in place thereof the following para- 
graph : — 

Notwithstanding the foregoing provisions of this section, 
if in the opinion of the school committee amounts in excess 
of the aggregate amount which would be available under 
such provisions are necessary for the above-named purposes 
for any financial year, the school committee, by vote of a 
majority of all its members taken by yeas and nays, subject 
to the approval of the mayor, may increase appropriations 
for said purposes for such financial year, but the total amount 
available for said purposes shall not exceed the sum of three 
million, three hundred thousand dollars from taxation, plus 
balances of appropriations and miscellaneous receipts, in- 
cluding physical education and school lunches, and amounts 
to be received from other state aid for school purposes. 

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

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

Approved May 17, 1955. 

C/iap. 369 An Act authorizing the town of scituate to pay a sum 

OF money to ANTONIO C. LOPES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ob- 
ligation, the town of Scituate is hereby authorized to appro- 
priate or transfer from available funds and to pay the sum of 
sixteen hundred and fifty-six dollars and fifty-two cents to 
Antonio C. Lopes of said town, to reimburse him for expenses 
incurred by him for medical and hospital care and for funeral 
expenses on account of the death of his wife, Mamie B. Lopes, 
as a result of f alhng into a fire on the town dump in said town. 

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

Approved May 17, 1955. 



Acts, 1955. — Chaps. 370, 371. 221 

An Act requiring planning boards to hold public Chav.S70 

HEARINGS ON PROPOSED SUBDIVISION RULES AND REGU- 
LATIONS. 

Be it enacted, etc., as follows: 

Section 81Q of chapter 41 of the General Laws, as appear- g l. (Ter. 
ing in section 7 of chapter 674 of the acts of 1953, is hereby § Viq, etc, 
amended by striking out the first sentence and inserting in "tended. 
place thereof the following sentence: — After due notice and Certidn public 
a public hearing a planning board shall adopt, and may from required under 
time to time amend, reasonable rules and regulations relat- subdivision 

,■,... . . P, , ,. . control law. 

ing to subdivision control not inconsistent with the subdivi- 
sion control law or with any other provisions of a statute or 
of any valid ordinance or by-law of the city or town. 

Approved May 17, 1965. 

An Act defining and further regulating private C ha p. S71 

TRADE SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 93 of the General Laws is hereby o. l. (Xer. 
amended by striking out section 21, as most recently amended ftc! 'amended. 
by section 1 of chapter 257 of the acts of 1954, and inserting 
in place thereof the following section : — Section 21 . Any Treble damages 
pupil of a correspondence school, or of a private trade school c^tidn'^mi'srep- 
as defined in section twenty-one A, who is defrauded by a resentations 
misrepresentation made by an officer or agent of such school, private'schoois. 
or by any advertisement or circular issued by it, or by any 
person, firm, association or corporation, who sells textbooks 
to the said school or to the pupils thereof, may recover in 
contract from such school or person, firm, association or cor- 
poration three times the amount paid by him to such school 
or person, firm, association or corporation. 

Section 2. Said chapter 93 is hereby further amended S^N'iJ^roiA 
by striking out section 21A, as amended by section 2 of etc!, 'amended. ' 
said chapter 257, and inserting in place thereof the following 
section: — Section 21A. The term "private trade school" "Pm-atetrade 
shall, in sections twenty-one to twenty-one D, inclusive, defied.' 
mean a school maintained, or classes conducted, for the pur- 
pose of teaching any trade or industrial occupation for 
profit or for a tuition charge but shall not include a private 
business school, 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, or a school exclusively engaged in training 
physically handicapped persons or a school conducted by any 
person for the education and training of his own employees. 

Section 3. Said chapter 93 is hereby further amended by g. l. (Ter. 
striking out section 21B, as most recently amended by ^tl! 'amended^' 
section 3 of said chapter 257, and inserting in place thereof 
the following section: — Section 21 B. No person shall 
operate or maintain a private trade school unless he is 



222 



Acts, 1955. — Chap. 372. 



Commissioner 
of education 
to license 
private trade 
school 
operation. 



License fee, 
etc. 



licensed so to do by the commissioner of education as herein- 
after provided. Said commissioner shall not issue a license 
to operate or maintain such a school unless and until he shall 
have approved as to such school the proposed standards 
adopted and methods of instruction to be followed, the equip- 
ment and housing provided, the training and experience of 
the teachers to be employed, the form and contents of the 
student enrolment agreement or contract and the method of 
collecting tuition, nor and unless and until such schools shall 
have filed in the office of said commissioner its current ad- 
vertising, if any. All advertising used by any such school 
subsequent to the receipt of a license hereunder shall from 
time to time be filed in the office of said commissioner. No 
license shall be granted hereunder unless said commissioner 
shall determine that the school possesses a sound financial 
structure with sufficient resources for its proper use and sup- 
port. Said commissioner may, after reasonable notice and a 
hearing, suspend or revoke such license and shall have the 
same powers to require by summons the attendance and 
testimony of witnesses, the production of books, papers and 
documents, and to administer oaths, as are conferred upon 
city councils and other bodies by section eight of chapter 
two hundred and thirty-three. Sections nine and ten of said 
chapter shall apply to witnesses summoned as aforesaid. 
Every such license shall run for one year from date of issuance 
and the fee therefor shall be one hundred dollars for an 
original license and fifty dollars for each renewal thereof. 
Said commissioner may adopt and from time to time alter 
and amend rules and regulations, in conformity with this 
section, governing such schools and the licensing thereof. 
Each person operating a private trade school shall make an 
annual report to said commissioner in such form as he may 
prescribe. 

SECTio>r 4. Said chapter 93 is hereby further amended by 
striking out section 21D, as amended by section 4 of said 
chapter 257, and inserting in place thereof the following 
section: — Section 21D. Whoever operates or maintains a 
private trade school in violation of section twenty-one B, 
or whoever, not being licensed under said section, holds 
himself out as operating and maintaining such school, or 
whoever violates any rule or regulation made under said 
section, shall be punished by a fine of not less than twenty- 
five nor more than five hundred dollars. 

Approved May 17, 1955. 

Chap. S72 An Act making appropriations for the fiscal year end- 
ing JUNE THIRTIETH, NINETEEN HUNDRED AND FIFTY-FIVE, 
TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING AP- 
PROPRIATIONS, AND FOR CERTAIN NEW ACTIVITIES AND 
PROJECTS. 

Be it enacted, etc., as follows. • 

Section 1. To provide for meeting deficiencies in certain 
appropriations previously made, and for certain new activi- 



G. L. (Ter. 
Ed.), 93, 
§ 21D, etc., 
amended. 



Penalty for 
illegal opera- 
tion of private 
trade school. 



Acts, 1955. — Chap. 372. 



223 



ties and projects, the siuns 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. 

STATE PURPOSES APPROPRIATIONS. 



APPROPRIATIONS MADE FROM THE GENERAL FUND. 
Service of the Legislature. 



Item 

0101-06 



0101-07 



0101-52 

0101-53 
0101-60 



(Senate. 

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 $1,000 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 office subject to the will of the 

senate . . . . . . . 2,241 00 

For expenses of the committee on rules on the 

part of the senate ..... 1,000 00 

For expenses of the counsel to the senate . 500 00 

For traveling and such other expenses of the 

committees of the senate as may be au- 
thorized by order of the senate . . 600 00 



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 . . . . . . $4,032 00 

0102-07 For clerical and other assistance to the house 
committee on rules, including not more than 
seven permanent positions . . . 3,940 00 

0102-52 For expenses of the committee on rules on the 

part of the house of representatives . . 2,500 00 

0102-53 For expenses of the counsel to the house of 

representatives ..... 250 00 

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, prior appropriation con- 
tinued 1,500 00 



224 



Acts. 1955. — Chap. 372. 



Item 

0103-05 



Sergeant-at-A rms. 



For compensation of the pages of the senate 
and house of representatives, with the ap- 
proval of the sergeant-at-arms, including 
not more than twenty-three permanent 

positions $730 00 

0110-301 From the unexpended balance remaining in 
0103-51 J item 0110-30 of section two of chapter four 
hundred and fifty-three of the acts of nine- 
teen hundred and fifty-four, the sum of six 
thousand dollars is hereby transferred and 
made available for the purposes of item 
0103-51 of section two of chapter six hun- 
dred and eighty-seven of the acts of nine- 
teen hundred and fifty-four . . . 872 00 



Other Expenses. 

0110-04 For expenses in connection with the publica- 
tion 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 . $10,000 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 ..... 361 00 

Special Investigation. 

0267-00 For an investigation and study of the retire- 
ment laws, as authorized by chapter one 
hundred and twenty-four of the resolves of 
nineteen hundred and fifty-four, notwith- 
standing the requirement that the final re- 
port shall be filed not later than the third 
Wednesday in January, nineteen hundred 
and fifty-five ; provided, that expenditures 
from this item shall be approved by the 
members of the commission who were ap- 
pointed as authorized by said chapter one 
hundred and twenty-four, prior appropria- 
tion continued $1,577 00 

0298-00 For an investigation and study of communism 
in the commonwealth, as authorized by 
chapter one hundred and twenty-three of 
the resolves of nineteen hundred and fifty- 
four and by a resolve of the current year . 3,000 00 



Service of the Judiciary. 

Administrative Committee of Probate and Insolvency Coiirts. 



0320-05 For the development of uniform forms to be 
used in the probate courts throughout the 
commonwealth, appropriation expires June 
thirtieth, nineteen hundred and fifty-six . 



$5,000 00 



Service of the Executive Department. 

Governor's Council. 
0403-02 For personal services for the council . 



$800 00 



Acts, 1955. — Chap. 372. 225 



Civil Defense Agency. 

Item 

0406-07 This item postponed. 



Service of the Military Division. 

Adjutant General. 
Militia: 

0421-02 For officers' uniform allowances, as author- 
ized by section eighty-seven of chapter 
thirty-three of the General Laws . . $4,580 00 

0421-15 To cover certain small claims for damages to 
private property arising from military ma- 
neuvers ...... 1,500 00 

State Guard: 
0421-50 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 
adjutant genera!; 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 
authorized for military affairs for the fiscal 
year nineteen hundred and fifty-five, prior 
appropriation continued .... 750 00 



Boards and Commissions serving under Governor and Council. 

Commission on Administration and Finance. 

0445-01 Item 0445-01 of section two of chapter six 
hundred and eighty-seven of the acts of 
nineteen hundred and fifty-four is hereby 
amended by striking out in line ten the 
word "forty-four" and inserting in place 
thereof the word: — fifty . . . $10,000 00 

New England Interstate Water Pollution Control Commission. 

0455-01 For expenses of the New England interstate 
water pollution control commission, as 
authorized 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 . . $452 00 



Service of the Treasurer and Receiver-General. 

0601-02 Item 0601-02 of section two of chapter four 
hundred and fifty-three of the acts of nine- 
teen hundred and fifty-four is hereby 
amended by striking out the wording and 
inserting in place thereof the following: — 
For the office of the treasurer and receiver- 
general, including not more than forty-four 
permanent positions, and to authorize 



226 



Acts, 1955. — Chap. 372. 



Item 



charging against this appropriation certain 
shortages in the amount of one thousand 
nine hundred and eighty-two dollars and 
forty-eight cents, determined by the audi- 
tor of the commonwealth to be the short- 
age for the period ending January fifteenth, 
nineteen hundred and fifty-five; provided, 
that the comptroller shall transfer to the 
General Fund the sum of one hundred and 
thirty thousand dollars from the Highway 
Fund 



$16,083 00 



State Board of Retirement. 

0604-01 For the administrative oflBce of the board, 
including not more than twenty permanent 
positions, prior appropriation continued . 

0604-03 Item 0604-03 of section two of chapter four 
hundred and fifty-three of the acts of nine- 
teen hundred and fifty-four is hereby 
amended by inserting in line thirteen after 
the word "Laws," the following: — and 
from the federal government on account 
of the retirement of employees of the divi- 
sion of employment security. 



$2,000 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 
sums equal to the payments made under 
this item for claims against agencies whose 
appropriations are derived from other funds $10,000 00 



Service of the Department of Agriculture. 

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 sen- 
iority, retirement or other rights 



$2,000 00 



Acts, 1955. — Chap. 372. 227 



Division of Livestock Disease Control. 

Item 

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 ..... $1,300 00 

Service of the Department of Natural Resources. 

Division of Forests and Parks. 

1002-31 Item 1002-31 of section two of chapter six 
hundred and eighty-seven of the acts of 
nineteen hundred and fifty-four is hereby 
amended by striking out the wording and 
inserting in place thereof the following: — 
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; pro- 
vided, that notwithstanding the provisions 
of section two of chapter twenty-nine of the 
General Laws, as amended, assessments 
received from cities and towns in the fiscal 
year nineteen hundred and fifty-five and 
thereafter representing their portion of the 
cost of gypsy moth program established 
under chapter one hundred and forty-eight 
of the acts of nineteen hundred and fifty- 
four, as amended, shall be applied to the 
amortization of the authorization of notes 
under section four of said chapter one hun- 
dred and forty-eight, as amended; pro- 
vided, however, that when this has been 
accomplished, said assessments shall be 
credited to the General Fund ; and, pro- 
vided further, that from the beginning of 
the aforesaid program to its completion all 
charges shall be apportioned equally be- 
tween item 1002-31 and sums made avail- 
able by section two of chapter one hundred 
and forty-eight of the acts of nineteen hun- 
dred and fifty-four, prior appropriation 
continued .$45,471 00 

1002-33 For certain gypsy moth spraying in areas to 
be determined by the department, exclu- 
sive of the work authorized under chapter 
one hundred and forty-eight of the acts 
of nineteen hundred and fifty-four, as 
amended 64,200 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 $10,000 00 



Service of the Department of Corporations and Taxation. 

1201-03 For expenses of the department except as 
otherwise provided for; provided, that the 



228 Acts, 1955. — Chap. 372. 

Item 

comptroller shall transfer to the General 
Fund the sum of twenty-five thousand 
eight hundred and fifty-three dollars from 
the Highway Fund . . . • . . • $4,300 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 ..... 55,000 00 



Service of the Department of Education. 

1301-03 Item 1301-03 of section two of chapter four 
hundred and fiftj^-three of the acts of nine- 
teen hundred and fifty-four is hereby 
amended by striking out the wording and 
inserting in place thereof the following: — 
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, provided further, that 
the division may, in addition to the sums 
appropriated for the purpose in this item, 
expend from the receipts, without appro- 
priation, income derived from such courses 
as may be conducted at no net expense to 
the commonwealth to an amount not ex- 
ceeding one hundred thousand dollars with 
the approval of the state board of educa- 
tion. 

1301-10 For the service of the state building on New- 
bury Street, Boston, including not more 
than four permanent positions . . $750 00 

1301-11 For printing laws relating to education ; pro- 
vided, that the board of education shall 
establish a fee to be charged for each vol- 
ume, not to exceed the cost thereof, ap- 
propriation expires June thirtieth, nineteen 
hundred and fifty-six . . . . 5,000 00 

1301-31 Item 1301-31 of section two of chapter four 
hundred and eightj^-nine of the acts of 
nineteen hundred and fifty-three is hereby 
amended by adding at the end thereof the 
following: — for the year nineteen hundred 
and fifty-five and previous years. 



Division of Vocational Rehabilitation. 

1309-01 For the expenses of the division of vocational 
rehabilitation, prior appropriation con- 
tinued $35,000 00 

Teachers' Retirement Board, 

1319-08 For the payment of the commonwealth's 
share in financing the teachers' retirement 



Acts, 1955. — Chap. 372. 



229 



ItetD 



system, as provided by chapter thirty-two 
of the General Laws, as amended, prior 
appropriation continued . . . $125,000 00 

Massachusetts Maritime Academy. 

For the maintenance of the academy and 
ship, inchiding not more than forty-nine 
permanent positions, with the approval of 
the commissioner of education . . $1,071 00 

For the maintenance of and for certain im- 
provements at the following state teachers' 
colleges, and the boarding halls attached 
thereto, with the approval of the commis- 
sioner of education: 

Item 1330-21 of section two of chapter six 
hundred and eighty-seven of the acts of 
nineteen hundred and fifty-four is hereby 
amended bj^ adding at the end thereof the 
following: — ; provided, that the amount 
of five thousand thirty-four dollars and 
eighty cents paid for salaries in lieu of 
vacation in July, nineteen hundred and 
fifty-two, is approved. 

This item omitted. 

This item omitted. 

State teachers' college at Lowell, including 
not more than fifty-six permanent posi- 
tions 2,500 00 

State teachers' college at Westfield, including 
not more than thirty-nine permanent posi- 
tions 6,000 00 

State teachers' college at Boston, including 
not more than seventy-two permanent po- 
sitions 3,500 00 

This item postponed. 

Youth Service Board. 
For the maintenance of and for certain im- 
provements at the institutions under the 
control of the youth service board, with the 
approval of said board; provided, that 
permanent employees in the farm quotas 
of said institutions whose positions were 
abolished as of June thirtieth, nineteen 
hundred and fifty-three, shall be trans- 
ferred 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 au- 
thority of the department to which the em- 
ployee is to be transferred and with the 
consent of the employee. Such transfer 
shall be without loss of seniority, retire- 
ment, civil service or other rights: 
Industrial school for girls, including not more 

than fifty-six permanent positions . . $11,480 00 

L5Tnan school for boys, including not more 
than one hundred and thirty-seven perma- 
nent positions ..... 14,900 00 
For the operation of the institute of juvenile 
guidance, including not more than forty- 
eight permanent positions . . . 9,300 00 



230 Acts, 1955. — Chap. 372. 

Service of the Department of Civil Service and Registration. 

Division of Registration. 



Item 



For the service of the following agencies in 
the division: 



1407-01 Board of registration in pharmacy, including 

not more than nine permanent positions . $1,250 00 



Service of the Department of Commerce. 

1551-44 For the commonwealth's share of the ex- 
penses of the New England textile com- 
mittee $3,185 00 

Service of the Department of Labor and Industries. 

Labor Relations Commission. 

1619-01 For the service of the commission, including 
not more than nineteen permanent posi- 
tions $300 00 

Division of Industrial Accidents. 

1651-06 Item 1651-06 of section two of chapter four 
hundred and fifty-three of the acts of nine- 
teen hundred and fifty-four is hereby 
amended by striking out in line eight the 
word "fifty-eight" and inserting in place 
thereof the word: — ninety-one . . $125,000 00 

Service of the Department of Mental Health. 

For the maintenance of and for certain im- 
provements at the following institution un- 
der the control of the department of mental 
health: 

1716-00 Item 1716-00 of section two of chapter four 
hundred and fifty-three of the acts of nine- 
teen hundred and fifty-four is hereby 
amended by adding at the end thereof the 
following: — ; provided, that notwith- 
standing any other provision of law to the 
contrary, there shall be included payments 
totaling twenty-three dollars and fifty-one 
cents for certain prior-year salaries earned 
but not paid. 



Service of the Department of Correction. 

For the maintenance of and for certain im- 
provements at the following institutions un- 
der the control of the department of correc- 
tion: 
1812-01 State prison, including not more than one 
hundred and sixty-four permanent posi- 
tions . ... . $166,390 00 
1814-01 Massachusetts reformatory, including not 
more than two hundred and nineteen per- 
manent postitions ..... 19,720 00 



Acts, 1955. — Chap. 372. 231 

Item 

1818-01 State prison colony, including not more than 
two hundred and thirty-four permanent 
positions $5,159 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 17,000 00 

Service of the Department of Public Welfare. 

2619-06 \From the unexpended balance remaining in 

1901-04 / item 2619-06 of section two of chapter four 
hundred and fifty-three of the acts of nine- 
teen hundred and fifty-four, the sum of two 
thousand dollars is hereby transferred and 
made available for the purposes of item 
1901-04 of said section two of said chapter 
four hundred and fifty-three. 

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 $45,200 00 

Service of the Department of Public Health. 

2007-10 For a poliomyelitis vaccine (Salk) program, 
as authorized by an act of the current j^ear, 
to be expended either with or without 
grants or contributions from public or pri- 
vate agencies; provided, that such grants 
or contributions may be expended without 
appropriation, expires June thirtieth, nine- 
teen hundred and fifty-six . . . $200,000 00 

For the maintenance of and for certain im- 
provements at the following institution tin- 
der the control of the department of public 
health: 
2022-00 \ From the unexpended balance remaining in 
2022-21 / item 2022-00 of section two of chapter four 
hundred and fifty-three of the acts of nine- 
teen hundred and fifty-four, the sum of six 
thousand two hundred dollars is hereby 
transferred and made available for the pur- 
poses of item 2022-21 of section two of 
chapter six hundred and thirty-two of the 
acts of nineteen hundred and fifty-two as 
reappropriated by section 2A of chapter 
six hundred and eighty-seven of the acts ' 

of nineteen hundred and fifty-four. 



Service of the Department of Public Safety. 

2101-02 For administration, including not more than 

eighty-two permanent positions . . $2,640 00 

Board of Elevator Regulations. 
2107-01 This item omitted. 



232 Acts, 1955. — Chap. 372. 

Service of the Department of Public Works. 

Division of Waterways. 
Item 

2202-06 For the maintenance and repair of certain 
property in the town of Plj'mouth, includ- 
ing not more than two permanent positions $5,000 00 

2202-07 For the operation and maintenance of the 
New Bedford state pier, including not more 
than nine permanent positions . . . 6,000 00 



Service of the Department of Public Utilities. 

2301-02 For administration, including not more than 

seventy permanent positions . . . $7,700 00 



Non-Contributory Pensions. 

2811-02 Item 2811-02 of section two of chapter four 
hundred and fifty-three of the acts of nine- 
teen hundred and fifty-four is hereby 
amended by adding at the end thereof the 
following: — ; provided, that the comp- 
troller shall transfer to the General Fund 
the sum of three hundred and twenty-seven 
thousand eight hundred dollars from the 
Highway Fund $190,000 00 



Miscellaneous. 

2820-08 For the payment of claims for unpaid checks, 
with the approval of the state treasurer and 
certification by him to the comptroller of 
the amount due, where payment has other- 
wise been prevented as a result of the ap- 
plication of sections thirty-two and thirty- 
two A of chapter twenty-nine of the Gen- 
eral Laws . . . . . . $1,000 00 

2897-00 For the cost of meeting deficiencies arising in 
appropriation accounts, as provided in sec- 
tion eleven of chapter four hundred and 
fifty-three of the acts of nineteen hundred 
and fifty-four 85,000 00 



APPROPRIATIONS MADE FROM THE HIGHWAY FUND. 
Service of the Department of Public Works. 

Highway Activities. 

Expenditures made from the following ap- 
propriations 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. ■ 
2900-25 Item 2900-25 of section two of chapter six 
hundred and eighty-seven of the acts of 
nineteen hundred and fifty-four is hereby 
amended by adding at the end thereof the 



Acts, 1955. — Chap. 372. 233 



Item 



following: — , appropriation expires June 
thirtieth, nineteen hundred and fifty-six. 
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 $10,000 00 



Service of the Department of Public Safety. 

Division of State Police. 
2926-01 This item omitted. 



Service of the Metropolitan District Commission. 

The following item is to be paid with the ap- 
proval of the Metropolitan District Com- 
mission: 
2931-06 For the maintenance of boulevards and park- 
ways, including the installation of traflBc 
lights and including Bunker Hill and the 
property adjacent, and for the maintenance 
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 comptroller shall transfer to the High- 
way Fund proportions of payments made 
under this item, as provided by section 
fifty-five of chapter ninety-two of the Gen- 
eral Laws $178,700 00 



APPROPRIATIONS MADE FROM THE VETERANS' 
SERVICES FUND. 

Service of the Commissioner of Veterans' Services. 

3501-02 For the office of the commissioner, including 
not more than seventy-four permanent 
positions $5,000 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 . 6,500 00 

Miscellaneous. 

3530-26 For the representation of the commonwealth 
at the convention of the American Veterans 
of World War II, AMVETS, as authorized 
by a resolve of the current year, appropria- 
tion expires June thirtieth, nineteen hun- 
dred and fifty-six $1,000 00 

3530-27 For the representation of the commonwealth 
at the convention of the Reserve Officers 
Association of the United States, as author- 
ized by a resolve of the current year, ap- 
propriation expires June thirtieth, nineteen 
hundred and fifty-six .... 500 00 



234 



Acts, 1955. — Chap. 372. 



Item 
3530-28 



3530-29 



3530-30 



3530-31 



3530-32 



3549-00 



For the representation of the commonwealth 
at the convention of The American Legion, 
as authorized by a resolve of the current 
year, appropriation expires June thirtieth, 
nineteen hundred and fifty-six . . $1,000 00 

For the representation of the commonwealth 
at the convention of the Veterans of For- 
eign Wars of the United States, as author- 
ized by a resolve of the current year, ap- 
propriation expires June thirtieth, nine- 
teen hundred and fifty-sLx . . . 2,000 00 

For the representation of the commonwealth 
at the convention of the Army and Navy 
Union, U. S. A., as authorized by a resolve 
of the current year, appropriation expires 
June thirtieth, nineteen hundred and fifty- 
six 1,000 00 

For the representation of the commonwealth 
at the convention of the Marine Corps 
League, as authorized by a resolve of the 
current year, appropriation expires June 
thirtieth, nineteen hundred and fiftj^-six . 500 00 

For the representation of the commonwealth 
at the national convention of the American 
Defenders of Bataan and Corregidor, Inc., 
as authorized by a resolve of the current 
year, appropriation expires June thirtieth, 
nineteen hundred and fifty-six . . 500 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 1,500 00 



APPROPRIATION PAYABLE FROM THE PARKS AND 
SALISBURY 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, appropria- 
tion expires June thirtieth, nineteen hun- 
dred and fifty-six ..... 



$6,000 00 



APPROPRIATIONS PAYABLE FROM THE METROPOLITAN 
DISTRICT COMMISSION FUNDS. 

The following 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. 

8602-81 For a study of the feasibility of draining cer- 
tain lands near the Neponset river as au- 
thorized by a resolve of the current year . 



$10,000 00 



Acts, 1955. — Chap. 372. 235 



Metropolitan Sewerage, North System. 

Item 

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 .... $38,10000 

8702-22 For the replacement of a certain pumping 
unit at East Boston, appropriation expires 
June thirtieth, nineteen hundred and fifty- 
six 10,000 00 

8702-33 For certain emergency repairs to the north 
metropolitan sewer in the city of Chelsea, 
appropriation expires June thirtieth, nine- 
teen hundred and fifty-six . . . 200,000 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 $25,200 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-sLx per- 
manent positions . . . . . $212,500 00 

8902-58 Item 8902-58 of section two of chapter six 
hundred and eighty-seven of the acts of 
nineteen hundred and fifty-four is hereby 
amended by striking out the wording and 
inserting in place thereof the following: — 
For certain repairs to the Spot Pond pump- 
ing station, appropriation expires June 
thirtieth, nineteen hundred and fifty-six . 17,000 00 



LOCAL AID APPROPRIATIONS. 

The following appropriations are for reim- 
bursements and grants to local govern- 
ments: 

APPROPRIATIONS MADE FROM THE GENERAL FUND. 

Boards and Commissions serving under Governor and CounciL 

2604-01 Item 2604-01 of section two of chapter four 
hundred and fifty-three of the acts of nine- 
teen hundred and fifty-four is hereby 
amended in line four by inserting after the 



236 Acts, 1955. — Chap. 372. 

Item 

word "fifty-three" the words: — as con- 
tinued by chapter two hundred and twenty- 
five of the acts of the current year . . $52,000 00 

Service of the Department of Corporations and Taxation. 

Reimbursement for Loss of Taxes. 

2612-02 For reimbursement of cities and towns for 
abatements granted, as provided by chap- 
ter five hundred of the acts of" nineteen 
hundred and fifty-one, prior appropriation 
continued $8,000 00 

Service of the Department of Education. 

2613-04 For the reimbursement of certain towns for 
the transportation of pupils as provided by 
law; 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, prior appropria- 
tion continued $421,607 00 

2613-06 For reimbursement of certain cities and towns 
for adult English-speaking classes, prior 
appropriation continued . . . 7,600 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 
provisions of law to the contrary, reim- 
bursements 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, pro- 
vided further, that a sum equivalent 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 $243,000 00 

Youth Service Board. 

2613-12 For reimbursement of cities and towns for 
tuition of children attending the public 
schools, prior appropriation continued . $4,548 00 

Service of the Department of Public Welfare. 

2619-06 1 From the unexpended balance remaining in 
2619-01 J . item 2619-06 of section two of chapter four 
hundred and fifty-three of the acts of nine- 
teen hundred and fifty-four, the sum of 
eighty thousand dollars is hereby trans- 
ferred and made available for the purposes 
of item 2619-01 of said section two of said 
chapter four hundred and fifty-three. 



Acts, 1955. — Chap. 372. 237 



Item 

2619-06 \ From the unexpended balance remaining in 
2619-04 J item 2619-06 of section two of chapter four 
hundred and fifty-three of the acts of nine- 
teen hundred and fifty-four, the sum of 
sixty-five thousand dollars is hereby trans- 
ferred and made available for the purposes 
of item 2619-04 of said section two of said 
chapter four hundred and fifty-three. 



APPROPRIATION 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 
fifteen of the General Laws, prior appro- 
priation continued .... $675,270 00 



DEBT SERVICE APPROPRIATIONS. 

APPROPRIATION MADE FROM THE GENERAL FUND. 

Interest and Redemption of Debt. 

2420-00 \ From the unexpended balance remaining in 
2410-00 / item 2420-00 of section two of chapter four 
hundred and fifty-three of the acts of nine- 
teen hundred and fifty-four, the sum of 
one hundred fifty-four thousand one hun- 
dred and two dollars is hereby transferred 
and made available for the purposes of 
item 2410-00 of said section two of said 
chapter four hundred and fifty-three. 



APPROPRIATION MADE FROM THE HIGHWAY FUND. 
Interest and Redemption of Debt. 

2952-00 "I From the unexpended balance remaining in 
2951-00 J item 2952-00 of section two of chapter four 
hundred and fifty-three of the acts of nine- 
teen hundred and fifty-four, the sum of 
forty-one thousand three hundred and 
twenty dollars is hereby transferred and 
made available for the purposes of item 
2951-00 of said section two of said chapter 
four hundred and fifty-three . . . $396,882 00 



APPROPRIATION MADE FROM THE PORT OF BOSTON FUND 
Interest and Redemption of Debt. 

3180-01 \ From the unexpended balance remaining in 

3180-02 J item 3180-01 of section two of chapter four 

hundred and fifty-three of the acts of nine- 



238 Acts, 1955. — Chap. 372. 

Item 

teen hundred and fifty-four, the sum of five 
thousand two hundred and sixteen dollars 
is hereby transferred and made available 
for the purposes of item 3180-02 of said 
section two of said chapter four hundred 
and fifty-three $30,529 00 



APPROPRIATION MADE FROM THE VETERANS' SERVICES 

FUND. 

Interest and Redemption of Debt. 

3590-02 For the payment of interest on the direct 
debt 01 the commonwealth, to be in addi- 
tion to the amounts appropriated in items 
2410-00, 2951-00 and 3180-02, prior ap- 
propriation continued .... $3,009 00 



DEFICIENCIES. 

For deficiencies in certain appropriations 
of previous years, in certain funds, aa 
follows: 

2899-00 General Fund $11,121 00 

3599-00 Veterans' Services Fund .... 8,222 00 

3999-00 Mosquito Control Fund .... 26 00 
4099-00 Parks and Salisbury Beach Reservation Fund 

including Voucher No. 4098 . . . 11100 

Section 2A. For the purpose of making available for ex- 
penditure certain balances of bond issue authorizations which 
would otherwise revert on June thirtieth, nineteen hundred 
and fifty-five, and, notwithstanding the provisions of section 
fourteen of chapter twenty-nine of the General Laws, the un- 
expended balances of the bond issues or items thereof shown 
below are hereby made available for expenditure until June 
thirtieth, nineteen hundred and fifty-seven. 

Chapter 649 of the Acts of 1950. 

Chapter 685 of the Acts of 1950. 

Item 7918-73 of Chapter 795 of the Acts of 1950. 

Section 3. Wherever, in section two of this act, it is pro- 
vided 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 commonwealth 



Acts, 1955. — Chap. 372. 239 

at the expense thereof, unless such reimbursement is in ac- 
cordance with rules and rates which are hereby authorized 
to be established from time to time by the commission 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 employ- 
ment 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 person- 
nel 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 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 gen- 
eral act to the contrary; provided, that no vacancy occurring 
in any permanent position included in said schedules of per- 
manent positions, excepting in the services of the legislature 
or the judiciary, or of institutions under the jurisdiction of the 
departments of mental health, correction, public welfare and 
public health, and the youth service board, the Soldiers' 
Home in Massachusetts and the Soldiers' Home in Holyoke, 
and excepting positions which are subject to appointment by 
the governor, with or without the consent of the council, may 
be filled in any manner without approval by the commission 
on administration and finance. 

Section 7. In addition to the payment of regular salaries, 
sums appropriated for personal services in the fiscal year 
nineteen hundred and fifty-five shall be available for the pay- 
ment of such other forms of compensation as may be due un- 
der 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 ap- 
plications for such subventions and grants, and for trans- 
fers within such subventions and grants, shall be subject to 
the approval of the commission on administration and fi- 
nance. All federal subventions and grants received by the 
commonwealth may be expended without specific appropria- 
tion if such expenditures are other^vdse in accordance with 
law. All income, including federal subventions and grants, 
received by the commonwealth from or on account of vet- 



240 



ACTS; 1955. — Chap. 373. 



erans 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 ex- 
penditure for any document regularly printed, mimeographed 
or prepared in any other way, whether for outside or interde- 
partmental circulation unless publication of such document 
shall have been approved by the state purchasing agent. 

Section 10. This act shall take effect upon its passage. 

Approved May 19, 1955. 



Chap.S7S An Act relative to supplying fresh and pure drinking 

WATER in public GARAGES AND CERTAIN PREMISES USED 
BY EXPRESS, TRUCKING AND TRANSPORTATION COMPANIES. 



G. L. (Ter. 
Ed.), 149, 
§ 106, 
amended. 



Drinking 

water to be 

provided 

employees 

of certain 

transportation 

companies. 



G. L. (Ter. 
Ed.), 149, 
§133, 
amended. 



Toilet 
facilities to 
be provided. 



Be it enacted, etc., as follows: 

Section 1. Section 106 of chapter 149 of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amended by adding at the end thereof the following sentence: 

— For the purposes of this section the term "industrial 
establishments" shall be deemed to include pubUc garages 
and premises used by express, trucking and transportation 
companies where persons are employed, — so as to read as 
follows: — Section 106. All industrial establishments shall 
provide fresh and pure drinking water to which their em- 
ployees shall have access during working hours. Any person 
owning, in whole or in part, managing, controlling or superin- 
tending any industrial establishment in which this section 
is violated shall, on the complaint of the local board of health, 
the selectmen of a town or an inspector, be punished by a 
fine of one hundred dollars. For the purposes of this section 
the term "industrial estabUshments " shall be deemed to 
include public garages and premises used by express, truck- 
ing and transportation companies where persons are em- 
ployed. 

Section 2. Section 133 of said chapter 149, as so appear- 
ing, is hereby amended by adding at the end thereof the 
following sentence : — For the purposes of this section the 
term "industrial establishments" shall be deemed to in- 
clude public garages and premises used by express, trucking 
and transportation companies where persons are employed, 

— so as to read as follows: — Section 133. In every indus- 
trial establishment there shall be provided suitable, adequate 
and convenient water closets and washing facilities, separate 
for each sex and plainly so designated, of such number, in 
such location, and so constructed, hghted, ventilated, ar- 
ranged and maintained as may be determined by such 
reasonable rules and regulations as the department may 
adopt. No person shall be allowed to use a closet or privy 
provided for the use of persons of the opposite sex. If any 
such estabUsliment is so located that a connection with a 
sewer system is, in the opinion of the department, impossible 



Acts, 1955. — Chap. 374. 241 

or impracticable, it shall provide such suitable toilet and 
washing facilities as the department may require. For the 
purposes of this section the term ''industrial estabhshments " 
shall be deemed to include public garages and premises used 
by express, trucking and transportation companies where 
persons are employed. Approved May 19, 1955. 

An Act to permit the establishment of metropolitan QJkx'p 374 
OR regional planning districts within the common- 

WEALTH. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is to provide forthwith for the p''*^^'^'^ *^- 
establishment of regional planning districts within the com- 
monwealth in order to promote and co-ordinate the orderly 
development of certain areas therein, therefore it is hereby 
declared to be an emergency law, necessary for the im- 
mediate preservation of the public welfare and convenience. 
Be it enacted, etc., as follows: 

The General Laws are hereby amended by inserting after g. l. (Ter. 
chapter 40A the following chapter : — ditpteTroB. 

added. 

Chapter 40B. 
Regional Planning. 

Section 1. This chapter shall be designated and may be "The regional 
known as " The regional planning law ". p^^"'^'^^ '^^"• 

Section 2. The purpose of this chapter is to permit con- Purpose of 
tiguous cities and towns to plan jointly to promote with the ''^'^p'^'^''- 
greatest efficiency and economy the co-ordinated and orderly 
development of the areas within their jurisdictions and the 
general welfare and prosperity of their citizens. 

Section 3. Any group of cities and towns may, by Vote of ^^^^^f^Yxoyt 
their respective city councils or town meetings, vote to estabUshed. 
become members of and thus to establish a planning district, 
which shall constitute a public body corporate and the area 
of which shall be coterminous with the area of the respective 
cities and towns which compose it. No such planning dis- 
trict shall be established unless the division of planning of 
the department of commerce has determined that such 
group of cities and towns will constitute an effective region 
for planning purposes. 

Section 4- In each planning district so estabhshed there District 
shall be a district planning commission consisting of one commSfion, 
member of the planning board of each city and town in such *'°"' organized, 
district, elected by said planning board. Such district plan- 
ning commission shall annually elect a chairman, a treasurer 
who shall give the commission a bond, with a surety com- 
pany authorized to transact business in the commonwealth 
as surety, for the faithful performance of his duties in such 
sums and upon such conditions as the commission may re- 
quire, and a clerk from among its members. The said com- 
mission may employ experts and clerical and other assistants. 



242 



Acts, 1955. — Chap. 374. 



Duties of 
planning 
commission. 



Annual 
report. 



Certain data, 
etc., to be 
available to 
planning^ 
commission. 



Costs and 
expenses of 
planning 
districts, how 
determined and 
apportioned. 



All meetings of the commission shall be held at the call of 
the chairman and at such other times as the conmiission may 
determine. 

Section 5. A planning commission established hereunder 
shall make careful studies of the resources, possibilities and 
needs of its district and, on the basis of such studies, shall 
prepare a comprehensive or study plan of such district or of 
such part or parts thereof as the commission may deem 
advisable and make such recommendations for the physical, 
social and economic improvement of the district as in their 
opinion will be in the best interests of the district. Such 
plans and recommendations shall concern, among other 
things, existing and proposed highways, public places, 
bridges and tunnels, viaducts, parks, parkways, recreation 
areas, sites for pubUc buildings and structures, land use 
areas, building and zoning districts, pier head and bulkhead 
hues, waterways, routes of railroads, buses and ferries, loca- 
tions of sewers, water suppUes and conduits, other public 
utilities and other pertinent features of the district. Such 
plans and recommendations shall be adopted and may be 
added to or changed from time to time by a majority vote of 
such district planning commission and shall be a public 
record. Such district planning commission shall also assist 
the planning boards of the several cities and towns within 
the area of its jurisdiction in applying any district plans and 
recommendations so adopted to the local board's area of 
jurisdiction. 

Such planning commission shall report annually to the 
city councils and town meetings of the cities and towns 
within its district, showing the status of its plans and recom- 
mendations. Such plans and recommendations shall be 
advisory only. 

Section 6. The several officers, boards, commissions, de- 
partments and divisions of the commonwealth and city and 
town officials may consult with any such district planning 
commission and shall furnish or make available to it on re- 
quest all data and information within their knowledge and 
control pertaining to the area of jurisdiction of such com- 
mission. 

Section 7. Said commission shall, annually in the month 
of December, estimate the amount of money required to pay 
the costs and expenses of the district for the following year, 
shall fix and determine the proportion of such costs and 
expenses to be paid by the constituent cities and towns 
thereof during such year which, however, may not exceed 
any limit or maximum amount fixed by the city council of 
any city or town meeting of any town which votes to be- 
come a member of such planning district and shall certify 
the amount so determined for each city and town to the 
assessors thereof who shall include the sum in the tax levy 
of each year. Such apportioned cost shall be on a per capita 
basis in direct proportion to the population of the city or 
town and the planning district as they appear in the most 



Acts, 1955. — Chaps. 375, 376. 243 

recent national census, exclusive of the population in county, 
state or federal institutions. Upon order of the commission, 
the treasurer of each constituent municipality thereof shall, 
from time to time, subject to the provisions of section fifty- 
two of chapter forty-one of the General Laws, pay to the 
district treasurer sums not exceeding the amount certified 
by the commission as the municipality's share of the costs 
and expenses of the district. The treasurer of the district 
planning commission shall disburse the money so received, 
upon a warrant approved by at least a majority of said com- 
mission. Any such district planning commission estabhshed 
under the authority of this chapter is authorized to receive 
for its own uses and purposes any funds or moneys from any 
source, including grants, bequests, gifts or contributions 
made by the federal or a state goverimaent or by any in- 
dividual, corporation or association. 

Approved May 19, 1955. 

An Act validating the acts and proceedings at the Chav.2>lb 

ADJOURNED SESSION OF THE ANNUAL TOWN MEETING OF 
THE TOWN OF WELLESLEY IN NINETEEN HUNDRED AND 
FIFTY-FIVE. 

Be it enacted, etc., as follows: 

Section 1. The acts and proceedings of the town of 
Wellesley at the adjourned session of the annual town 
meeting for the current year, which adjourned session was 
held on Tuesday, March twenty-ninth, nineteen hundred 
and fifty-five, and all acts done in pursuance thereof, are 
hereby confirmed and declared valid, notwithstanding the 
failure to give notice of the adjournment as required by the 
by-laws of said town, to the same extent as if the said ad- 
journed session had been called, held, conducted and ad- 
journed in strict compliance with the law and said by-laws. 

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

Approved May 20, 1955. 

An Act relative to the professional and business Chap. 37 Q 
men's club, inc. 

Be it enacted, etc., as follows: 

Notwithstanding any other provisions of law, the ficensing 
board of the city of Boston is hereby authorized to issue to 
The Professional and Business Men's Club, Inc. a license to 
sell all alcoholic beverages to be drunk on its premises to 
members and bona fide guests only. Said hcense shall not be 
transferable to any other licensee. 

Approved May 20, 1955. 



244 Acts, 1955. — Chaps. 377, 378, 379. 



Chap.S77 An Act relative to the tenure of office of the chief 
OF police in the town of northborough. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of Francis P. Bodreau, 
the present incumbent in the office of chief of poHce in the 
town of Northborough shall, upon the effective date of this 
act, be unlimited. Said incumbent shall not be removed 
from office, lowered in rank or suspended, except for just 
cause and for reasons specifically given him in writing by 
the board of selectmen. 

Section 2. This act shall be submitted to the voters of 
said town at the annual meeting in the year nineteen hundred 
and fifty-six 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-five, entitled 'An Act relative to the tenure of office of 
the chief of police of the town of Northborough', be ac- 
cepted?" If a majority of the votes in answer to said ques- 
tion is in the affirmative, then this act shall thereupon take 
full effect, but not otherwise. Approved May 20, 1955. 

Chap.S7S An Act providing for an additional court officer for 

THE PROBATE COURT OF SUFFOLK COUNTY. 

Be it enacted, etc., as follows: 

G. L. (Ter. Section 30 of chapter 217 of the General Laws, as most re- 

§30,' etc' cently amended by section 1 of chapter 793 of the acts of 

amended. 1951, is hereby further amended by striking out the first 

sentence and inserting in place thereof the following sentence: 

Probate court — The judges of probate for the counties of Suffolk and Mid- 

pointm'ent'of. dlcsex may appoint three officers, the judges of probate for 

the county of Essex may appoint two officers, and the judge 

of probate for Pl3nniouth county and the judges of probate 

for Worcester county may appoint an officer, to attend the 

sessions of the probate court and court of insolvency of their 

respective counties. Approved May 20, 1955. 

Chap. ^7^ An Act authorizing the department of public works 

TO MAINTAIN ROADS IN CERTAIN PUBLIC INSTITUTIONS. 

Emergency Whcveas, The deferred operation of this act would tend 

preamble. ^^ defeat its purpose which is to provide forthwith for the 
construction, improvement and maintenance of certain roads 
at state institutions, or on other state property, 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: 
G. L. (Ter. SECTION 1. Sectiou 13 of chapter 81 of the General 

?to;! 'amended. Laws is hereby amended by striking out the third sentence, 



Acts, 1955. — Chap. 380. 245 

as amended by section 1 of chapter 354 of the acts of 1953, 

and inserting in place thereof the following two sentences : — 

As used in this chapter, the term "state highways" includes Term "state 

such public roads in state forests, parks and reservations to^inciud^e 

outside of the metropolitan parks district, and such public a^state'^''^^' 

roads within the limits of any property under the control of institutions. 

any department, board or commission of the commonwealth, 

as may from time to time be designated by the department 

as roads for general public use and approved for such use by 

the executive head of the department, board or commission 

controlling such property. The department shall, subject to 

appropriation, construct, improve and maintain all roads 

on such property. 

Section 2. This act shall take effect on July first, nine- Effective 
teen hundred and fifty-five. Approved May 24, 1955. ^'^^^' 



An Act authorizing the town of westwood to con- C/iap. 380 

STRUCT AND OPERATE A SYSTEM OF SEWERS AND DRAINS. 

Be it enacted, etc., as follows: 

Section 1. The town of Westwood, hereinafter called 
the town, may lay out, construct, maintain and operate a 
system or systems of main drains and common sewers for a 
part or the whole of its territory, with such connections and 
other works as may be required for a system of sewerage, 
drainage and sewage disposal, and may construct such sewers 
or drains in said town as may be necessary, and for the pur- 
pose of providing better surface or other drainage, may make, 
lay and maintain such drains as it deems best; and for the 
purposes aforesaid, the town may, within its limits, make 
and maintain subdrains. 

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

Section 3. The town may elect by ballot a board of 
three sewer commissioners, who shall be citizens of the 
town, to hold office, one until the expiration of one year, 
one until the expiration of two years, and one until the ex- 
piration of three years, from the time of such election and 
until their successors arc qualified, or, if elected at a special 
meeting, one until the expiration of one year, one until the 
expiration of two years, and one until the expiration of three 
years, from the next succeeding annual town meeting, and 
until their successors are quahfied, and thereafter at each an- 
nual town meeting when the term of a member expires the 
town shall elect one member of the board to serve for three 
years and until his successor is qualified. 

Section 4. Said board of sewer commissioners, acting for 
and on behalf of said town, may take by eminent domain un- 



246 Acts, 1955. — Chap. 380. 

der chapter seventy-nine of the General Laws, or acquire by 
purchase or otherwise, any lands, water rights, rights of way 
or easements, public or private, in said town, necessary for 
accomplishing any purpose mentioned in this act, and may 
construct such main drains and sewers under or over any 
bridge, railroad, railway, boulevard or other public way, or 
within the location of any railroad, and may enter upon and 
dig up any private land, public way or railroad location, for 
the purpose of laying such drains and sewers 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, and that they shall not enter upon or construct any 
drain or sewer within the location of any railroad corpora- 
tion except at such time and in such manner as they may 
agree upon with such corporation, or in case of failure to 
agree, as may be approved by the department of public utili- 
ties. 

Section 5. Until the board of sewer commissioners has 
first been elected as provided in this act, but not in any event 
later than the second annual town meeting after the time of 
the meeting at which this act is accepted, the town may carry 
on such work as set forth in this act by a duly authorized com- 
mittee of the town appointed by the moderator. The com- 
mittee shall serve without pay and shall have all the powers 
and authority given to the board of sewer commissioners in 
this act or by general laws. Whenever the phrase "said 
board of sewer commissioners" or "said board" hereinafter 
occurs, it shall mean and include the board of sewer commis- 
sioners or the committee of the town provided for in this sec- 
tion, as the case may be. 

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

Section 7. The town shall, by vote, determine what pro- 
portion of the cost of said system or systems of sewerage, 
drainage and sewage disposal, if any, the town shall pay; 
provided, that it shall pay not more than two thirds of the 
whole cost. In providing for the payment of the remaining 
portion of the cost of said system or systems, or for the use 
of said system or systems, the town may avail itself of any 
or all of the methods permitted by general laws, and the 
provisions of said general laws relative to the assessment, 
apportionment, division, reassessment, abatement and col- 
lection of sewer assessments, to liens therefor and to interest 
thereon shall apply to assessments made under this act, ex- 
cept that interest shall be at the rate of four per cent per 
annum. At the same meeting at which it determines the 
proportion of the cost which is to be borne by the town, it 
may by vote determine by which of such methods the remain- 
ing portion of said cost shall be provided for. The collector 
of taxes of said town shall certify the payment or payments 



Acts, 1955. — Chap. 380. 247 

of such assessments or apportionments thereof to the sewer 
commissioners, and to the town accountant, who shall pre- 
serve a record thereof. 

Section 8. For the purpose of paying the necessary ex- 
pense and liabilities incurred under this act, the town may 
from time to time, within five years after the passage of this 
act, borrow such sums as may be necessary, not exceeding, 
in the aggregate three million seven hundred and ninety 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Westwood Sewer- 
age and Drainage Loan, Act of 1955. Each authorized issue 
shall constitute a separate loan, and such loans shall be pay- 
able in not more than thirty years from their dates. In- 
debtedness incurred under this act shall be in excess of the 
statutory limit, but shall, except as provided herein, be sub- 
ject to chapter forty-four of the General Laws. 

Section 9. The receipts from sewer and drainage assess- 
ments and from payments made in lieu thereof shall be ap- 
plied to the payment of charges and expenses incident to the 
maintenance and operation of said system of sewerage, drain- 
age and sewage disposal or to the extension thereof, to the 
payment of interest upon bonds or notes issued for sewer 
purposes or the payment or redemption of such bonds or 
notes. 

Section 10. Said board of sewer commissioners may an- 
nually appoint a properly quahfied clerk and may appoint a 
properly qualified superintendent of sewers who shall not be 
a member of the board, and shall define their duties. It may 
remove the clerk or superintendent for cause. Said board 
may, in its discretion, prescribe for the users of said sewer 
and drainage systems such annual rentals or charges based 
on the benefits derived therefrom as it may deem proper, 
subject, however, to such rules and regulations as may be 
fixed by vote of the town. 

Section 11. All contracts made by the board of sewer 
commissioners shall be made in the name of the town and 
shall be signed by the board, but no contract shall be made 
or obligation incurred by said board for any purpose in ex- 
cess of the amount of money appropriated by the town 
therefor. 

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



248 Acts, 1955 — Chap. 380. 

Section 13. No act shall be done under authority of the 
preceding sections except in the making of surveys and other 
preliminary investigations, until the plans for said system 
of sewerage, drainage and sewage disposal have been ap- 
proved by the state department of public health and by 
the metropolitan district commission. Upon application to 
said department for its approval, it shall give a hearing, after 
due notice to the public. At such hearing, plans showing in 
detail all the work to be done in constructing said system of 
sewerage, drainage and sewage disposal shall be submitted 
for approval by said department. 

Section 14. The whole or any part of the town of 
Westwood as may be mutually agreed upon by the town and 
the metropolitan district commission may be considered as 
a part of the south 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 the provisions of said chapter ninety- 
two, relative to the south metropohtan sewerage system, 
and shall be subject to said provisions, except as otherwise 
provided herein. Any general authority granted to other 
municipalities by said chapter ninety-two shall also be vested 
in said town in common with such other municipalities. 

The metropolitan district commission, in this act called the 
commission, shall provide an outlet or outlets in the town of 
Westwood or any part thereof for the sewage of said town, 
or part, and acting on behalf of the commonwealth, shall 
construct a main trunk sewer or sewers and other sewerage 
works through or in such parts of said town or said district 
as the commission may determine to be necessary, to receive 
sewage from the town of Westwood or any part thereof and 
carry said sewerage works to a connection with the high- 
level sewer of the south metropolitan sewerage system. The 
location of such main trunk sewer, or sewers, shall be subject 
to the approval of the department of public health. 

For the purpose of constructing, maintaining and operat- 
ing such additional main trunk sewer or sewers and other- 
wise carrying out the purposes of this act, the commission, 
acting on behalf of the commonwealth, shall have and exer- 
cise all the authority conferred upon it by said chapter ninety- 
two, and all provisions of said chapter are made applicable 
to the additional construction, maintenance and operation 
hereby authorized, except as is otherwise provided herein. 

The commission may expend such part of the proceeds 
of bonds and notes as may be authorized for issue as may be 
necessary to provide the additional works necessary to carry 
out the provisions of this act. 

The town of Westwood shall, in addition to the yearly 
payment of assessments as provided for in sections five to 
eight of chapter ninety-two of the General Laws, pay into 
the treasury of the commonwealth, for the sinking fund of 
the south metropolitan sewerage system, such proportion of 
the total amount of said sinking fund as existing on the first 



Acts,, 1955. — Chap. 381. 249 

day of April in the year of its acceptance of this act, and of 
all sinking fund bonds and serial bonds paid prior to said 
date, as the valuation of part of said town sewered for the 
said year shall bear to the total amount of the valuation of 
the cities and towns in said system, as determined for the 
apportionment of assessments. Such proportion shall be 
determined by the commission and shall be certified by 
said 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 the said system, and for the 
payment 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 system in each of the ten years next succeeding. No 
assessment on account of the admission of said town to the 
aforesaid district or on account of the cost of maintenance 
and operation of the aforesaid S3''stem 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 15. This act shall take full effect upon its ac- 
ceptance by vote of a majority of the voters of said town 
voting thereon at a town meeting called for the purpose 
within two years after its passage, but not otherwise. No 
expenditure shall be made and no liability incurred hereunder 
until such acceptance. Approved May 24, 1965. 

An Act authorizing the county commissioners of the C/i02).381 

COUNTY OF PLYMOUTH TO PARTICIPATE IN CO-OPERATIVE 
shore protection AND REPAIR OF DAMAGE IN CERTAIN 
TOWNS IN SAID COUNTY. 

Be it enacted, etc., as follows: 

Section 1, The county commissioners of the county of 
Plymouth are hereby authorized to participate in the work 
of shore protection and repair of damage done by storms in 
certain towns in said county, and for such purpose may pay 
such sums as may be necessary, not to exceed twenty-five 
per cent of the cost of such work, in co-operation with the 
commonwealth and with the towns in which such work is 
done, or in co-operation with the commonwealth and said 
towns and the federal government. 

Section 2. For the purpose aforesaid, the treasurer of 
said county, with the approval of the county commissioners, 
may borrow upon the credit of the county such sums as 
may be necessary not exceeding, in the aggregate, one hun- 
dred and fifty thousand dollars, and may issue bonds or notes 
of the county therefor, which shall bear on their face the 
words, Plymouth County Shore Protection Loan, Act of 
1955. Each authorized issue shall constitute a separate loan 
and such loans shall be payable not more than five years 
from their dates. The bonds or notes shall be signed by the 



250 Acts, 1955. —Chap. 382. 

county treasurer and countersigned by a majority of the 
county commissioners. The county may sell the said securi- 
ties 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. 

Section 3. The county treasurer of said county, with the 
approval of the county commissioners, may issue temporary 
notes of the county, payable in not more than one year 
from their dates in anticipation of the serial bonds or notes 
under this act, but the time within which such serial bonds 
or notes shall become due and payable shall not, by reason 
of such temporary notes, be extended beyond the time fixed 
by this act. Any notes issued in anticipation of the serial 
bonds or notes shall be paid from the proceeds thereof. 

Section 4. In the event that any work authorized by 
section one is performed by the commonwealth or by a town 
the money to be contributed by the county of Plymouth 
shall be paid into the state treasury or the town treasury 
from time to time as requested by the state department of 
pubhc works or by the department, board or officer of the 
town having similar powers and duties, as the case may be, 
but no such work shall be commenced until the contribution 
or contributions so requested have been so paid, and no 
money so contributed shall be used for any other purpose. 

Section 5. This act shall take full effect upon its accept- 
ance, during the current year, by the county commissioners 
of the county of Plymouth, but not otherwise. 

Approved May 24, 1955. 

Chap.S82 An Act permitting holders of alcoholic bever.\ges 
licenses to retain said licenses when the licensed 
premises have been taken by a public authority. 

Be it enacted, etc., as follows, 

Ed^iss'' Chapter 138 of the General Laws is hereby amended by 

new'§23B, inserting after section 23A the following section: — Section 
Retention of ^3B. Any holdcr of a hcense issued under this chapter to do 
aicohoUc business on certain premises which are subsequently taken 

license^upon by pubUc authority and who is required to remove his busi- 
d™maln*taking "^^^^ from such prcmiscs shall not thereby be deprived of his 
of ucensed liceuso. Such liccnsee may apply to the local licensing au- 
peraittld. thorities for a transfer of the license to another location, and 
in the event that a suitable location is not available which 
is approved by the Hcensing authorities, said license shall be 
reserved for the licensee until such time as a suitable loca- 
tion is approved, but in no event shall such license be reserved 
for a period longer than two years from the date of the taking. 
Licensees in this classification shall be entitled to a rebate of 
the fee which has been prepaid for that period during which 
they are prevented from exercising said hcense, and the re- 
bate shaU be pro-rated in accordance with the local hcensing 



Acts, 1955. — Chaps. 383, 384. 251 

fees, and such licensees who have not been able to obtain 
an approved location at the end of a license year shall have 
the right to renewal of said license upon the filing of a re- 
newal application and upon the payment of one tenth of the 
local license fee. When such licensee shall have obtained 
an approved location, the license fee shall be paid for the 
balance of the year on a pro-rata basis. 

Approved May ^4, 1955. 

An Act designating the new administration building C/iax).383 

AT THE STATE TEACHERS COLLEGE AT WESTFIELD AS THE 
ANTHONY PARENZO MEMORIAL BUILDING. 

Be it enacted, etc., as follows: 

The new administration building at the State Teachers 
College at Westfield shall be known and designated as the 
Anthony Parenzo Memorial Building, and a suitable tablet 
bearing said designation shall be erected at said college by 
the department of education. Approved May 26, 1955. 

An Act relative to filing with the commissioner of C/iat).384 

INSURANCE manual, MINIMUM, CLASS RATES, RATING 
SCHEDULES OR RATING PLANS UNDER THE FIRE, MARINE 
AND INLAND MARINE REGULATORY LAW, AND THE CASUALTY 
AND SURETY RATE REGULATORY LAW, AND TO PROVIDE 
FOR ALL-RISK AND COMBINATION POLICIES. 

Be it enacted, etc., as follows. • 

Section 1. Section 4 of chapter 174A of the General ^;^\-[Jl'^ 
Laws, as appearing in section 1 of chapter 614 of the acts § 4', etc., ' 
of 1947, is hereby amended by striking out the first para- ^™^"'^^'^- 
graph and inserting in place thereof the following para- 
graph : — This chapter shall apply to risks located in this Fire, marine 
commonwealth insured by insurance companies authorized marilTilMur- 
to transact business in this commonwealth under the First, ancepoiicies. 
Second or Third clauses of section forty-seven of chapter ^^^ 
one hundred and seventy-five, even though such risks are 
covered by policies or contracts of insurance issued pursuant 
to section twenty-two A of said chapter one hundred and 
seventy-five providing coverage under the aforementioned 
and any other clauses or subdivisions, other than subdivision 
(e) of the Sixth clause, of said section forty-seven of said 
chapter one hundred and seventy-five which, as part of the 
coverage thereof, insure real or personal property against 
loss or damage by fire at residential locations or which, as 
part of the coverage thereof, insure the output of a manu- 
facturer against such loss or damage by fire at locations other 
than his manufacturing premises. Inland marine insurance 
shall be deemed to include insurance now or hereafter defined 
by law, or by interpretation thereof, or, if not so defined or 
interpreted, by ruhng of the commissioner, or as established 
by general custom of the business, as inland marine insurance. 



252 



Acts, 1955. — Chap. 384. 



G. L. (Ter. 
Ed.), 174A, 
§ 6, etc., 
amended. 

Filing of 
rates with 
commissioner, 
regulated. 



G. L. (Ter. 
Ed.), 175, 
§ 22A, etc., 
amended. 



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

Mutual fire 
company 
policies, 
regulated. 



Section 2. Section 6 of said chapter 174A, as so appear- 
ing, is hereby amended by adding at the end the following 
subsection : — 

(/) Filings may consist of manual, minimum, class rates, 
rating schedule or rating plan providing for indivisible rate 
or single premium for pohcies or contracts of insurance, in- 
cluding policies or contracts of insurance issued by such 
insurers under the authority of section twenty-two A of 
chapter one hundred and seventy-five and providing cover- 
age against the hazards specified in more than one of the 
clauses or subdivisions of section forty-seven of said chapter 
one hundred and seventy-five. 

Section 3. Section 22 A of chapter 175 of the General 
Laws, as amended by chapter 327 of the acts of 1951, is 
hereby further amended by striking out the second para- 
graph. 

Section 4. Section 80 of said chapter 175 is hereby 
amended by striking out the first paragraph, as most re- 
cently amended by chapter 297 of the acts of 1951, and in- 
serting in place thereof the following paragraph: — From 
time to time the directors of a mutual fire company may by 
vote fix and determine the percentages of dividend or expira- 
tion return of premium to be paid on expiring or cancelled 
policies, or to be paid upon anniversary dates of policies 
having a term of more than one year or having no expira- 
tion dates, which may, in their discretion, and with the 
written approval of the commissioner, and upon such condi- 
tions, if any, as he may prescribe, be different for policies 
insuring for the same term against the different kinds of 
risks mentioned in the several provisions of the clause or 
clauses of section forty-seven under which such a company 
may transact business; and the percentage aforesaid for fire 
pohcies insuring farm risks, fireproof risks, including risks 
equipped with automatic sprinkler and fire alarm systems, 
or manufacturing or storage risks, or manufacturing or 
storage risks confined to lumber and woodworking only, 
risks subject to special inspection, special underwriting and 
special reinsurance treatment, insured under either (A) poli- 
cies issued by ten or more such companies or (B) policies 
issued by one such company which by joint underwriting 
cedes a portion of the risk to nine or more other such com- 
panies in a group, may in like manner be different from that 
for pohcies insuring other risks against fire for the same 
term; and the percentage aforesaid for policies written on 
an indivisible premium basis, which for the purposes of this 
section, with the written approval of the commissioner, and 
upon such conditions, if any, as he may prescribe, may be 
constituted a separate classification or classifications of busi- 
ness, insuring for the same term against more than one of 
the kinds of risks mentioned in the several provisions of the 
clauses of section forty-seven, may in like manner be different 
from that for other policies of such company written on a 
divisible premium basis insuring for the same term against 



Acts, 1955. —Chap. 384. 253 

some or all of the same kinds of risks. Policies insuring 
risks in this commonwealth in the same classification shall 
have an equal rate of dividend or return of premium. If an 
assessment is levied under section eighty-three the rate 
thereof may be different for poUcies insuring risks in any 
classification from that for policies insuring other classifica- 
tions of risks for the same term; but poUcies insuring risks 
in the same classification shall have the same rate of assess- 
ment, and all funds of the company, actual and contingent, 
shall be available for the payment of any claim against it. 
Every policy placed in any classification made under this 
section shall, when issued, bear an endorsement, satisfactory 
to the commissioner, to the effect that it is so classified; 
provided, however, that this requirement shall not apply to 
poHcies written on an indivisible premium basis nor shall it 
apply to poUcies not written on an indivisible premium basis 
if all such policies are in one classification. 

Section 5. Said chapter 175 is hereby further amended g. l. (Xer. 
by striking out section 94B and inserting in place thereof ^Hh^ltc., 
the following section : — Section 94B. Individuals, partner- amended. 
ships and corporations of this commonwealth designated in of^certem 
section ninety-four A as subscribers are hereby authorized [nti?-'hi*sur°'^c 
to exchange reciprocal or inter-insurance contracts with each contracts, 
other or with individuals, partnerships and corporations of '*''*^*'°"^'"^- 
other states and countries, providing indemnity among them- 
selves from any loss or damage caused by any of the hazards 
specified in section forty-seven of this chapter and in chapter 
one hundred and fifty-two, which any one stock or mutual 
fire or habiHty insurance company or association is now or 
may hereafter be authorized to transact, except the follow- 
ing clauses specified in said section forty-seven: Fourth, 
Tenth, Eleventh, Twelfth, Thirteenth, Fifteenth and Six- 
teenth, subject to sections ninety-four A to ninety-four M, 
inclusive. Such contracts may be executed bj^ any attorney 
in fact duly authorized and acting for such subscribers. The 
principal office of the attorney in fact shall be maintained 
at such place as is designated by the subscribers in the power 
of attorney. 

Section 6. Section 94E of said chapter 175, as appearing g. l. (Xer. 
in section 1 of chapter 488 of the acts of 1947, is hereby f g^E^Itc 
amended by striking out clause (a) and inserting in place amended. ' 
thereof the following clause : — 

(a) A declaration setting forth that it has funds neces- Condition 
sary to meet the financial requirements of a foreign mutual "oTefVe^x-"^ 
company transacting the same classes of business as provided changes may 
in subdivision numbered (3) of clause Second of section one commonwealth. 
hundred and fifty-one, section one hundred and fifty-two and 
section fifty-four B, and, in the case of an exchange writing 
non-assessable poHcies, that it has complied with the finan- 
cial requirements of section one hundred and fifty-two A. 

Section 7. Section 117 of said chapter 175, as appearing g. l. (Ter. 
in the Tercentenary Edition, is hereby further amended by §iiV^' 
adding at the end the following sentence : — This provision amended. 



254 



Acts, 1955. — Chap. 384. 



Certain steam 
boUer insur- 
ance policies, 
regulated. 



G. L. (Ter. 
Ed.), 176A, §4, 
etc., amended. 



Application 'of 
casualty and 
surety rate 
regulatory law. 



G. L. (Ter. 
Ed.), 175A, § 6 
etc., amended. 



Certain 
classifications, 
rules, rates, 
plans, etc., to 
be filed with 
commissioner. 



shall not apply to policies issued under authority of section 
twenty-two A which, as part of the coverage thereof, insure 
real or personal property against loss or damage by fire at 
residential locations or which, as part of the coverage thereof, 
insure the output of a manufacturer against such loss or 
damage by fire only at locations other than his manufactur- 
ing premises. 

Section 8. Section 4 of chapter 175A of the General 
Laws is hereby amended by striking out the first paragraph, 
as amended by chapter 138 of the acts of 1951, and inserting 
in place thereof the following paragraph : — This chapter 
shall apply to risks and operations in this commonwealth in- 
sured by insurance companies authorized to transact busi- 
ness in this commonwealth under subdivisions (d), (e) and 
(/) of the Second clause, under the Third, Fourth, and Fifth 
clauses, under subdivisions (6), and (c) of the Sixth clause, 
and under the Seventh, Eighth, Ninth, Tenth and Twelfth 
clauses of section forty-seven of chapter one hundred and 
seventy-five, even though such risks or operations are cov- 
ered by policies or contracts of insurance issued pursuant to 
section twenty-two A of said chapter one hundred and 
seventy-five providing coverage under the aforementioned 
and any other clauses or subdivisions, other than subdivi- 
sion (e) of the Sixth clause, of said section forty-seven of said 
chapter one hundred and seventy-five which, as part of the 
coverage thereof, insure real or personal property against 
loss or damage by fire at residential locations or which, as 
part of the coverage thereof, insure the output of a manu- 
facturer against such loss or damage by fire at locations 
other than his manufacturing premises. This chapter shall 
not apply to reinsurance other than joint reinsurance to the 
extent stated in section thirteen of this chapter, insurance 
against loss of or damage to aircraft or against liabihty 
arising out of the ownership, maintenance or use of aircraft, 
nor to compulsory motor vehicle Habihty insurance. 

Section 9. Section 6 of said chapter 175 A, as appearing 
in section 1 of chapter 641 of the acts of 1947, is hereby 
further amended by adding at the end the following sub- 
section : — 

(/) Fihngs may consist of manuals of classifications, rules 
and rates, and rating plans providing for indivisible rate or 
single premium for policies or contracts of insurance, includ- 
ing policies or contracts of insurance issued by such insurers 
under the authority of section twenty-two A of chapter one 
hundred and seventy-five and providing coverage against 
the hazards specified in more than one of the clauses or sub- 
divisions of section forty-seven of said chapter one hundred 
and seventy-five. Approved May 26, 1955. 



Acts, 1955. — Chap. 385. 255 



An Act authorizing towns to provide indemnity insur- CJiap.S85 

ANCE FOR CERTAIN VOLUNTEER FIREMEN. 

Be it enacted, etc., as follows: 

Section 5 of chapter 40 of the General Laws is hereby g. l. (Ter. 
amended by striking out clause (1), as most recently amended ^tcl! 'amended. 
by chapter 291 of the acts of 1955, and inserting in place 
thereof the following clause : — 

(1) To pay a proper charge of an insurance company for indemnity 
acting as surety on the official bond of any town officer, to for"certfdn 
pay a proper charge for effecting insurance providing in- g°'"g'?'''' 
demnity for or protection to a town treasurer or a town authorized.' 
collector of taxes against his liability for the loss, without 
fault, connivance or neglect on his part, of money for which 
he is accountable to the town, or to pay a proper charge for 
effecting insurance providing indemnity for or protection to 
any officer or employee of the town, or volunteer driver of 
fire apparatus of the town whose service as such is approved 
by the selectmen against loss by reason of his liability to pay 
damages to others for bodily injuries, including death at 
any time resulting therefrom, or for damage to property, 
caused by the operation, within the scope of his official 
duties or employment, of motor or other vehicles or vessels 
owned by the town, to an amount not exceeding twenty- 
five thousand dollars on account of injury to or death to one 
person, or not exceeding one hundred thousand dollars for 
any one accident, and not exceeding five thousand dollars on 
account of damage to property; or to pay a proper charge 
for effecting insurance providing indemnity for or protection 
to any of the officers or employees of the town, or to any mem- 
ber of a volunteer fire company in a town whose service as 
such is approved by the board of selectmen of such town, 
named in section one hundred of chapter forty-one against 
loss by reason of any expenses or damages within the pro- 
visions of said section, or to pay a proper charge to prevent 
loss by reason of destruction or damage of buildings or per- 
sonal property by fire or other causes normally covered by 
fire insurance policies issued in the commonwealth, or to 
pay a proper charge for effecting insurance to cover the 
town's liability to pay workmen's compensation, or, if the 
town has elected to establish and maintain an insurance 
fund to pay workmen's compensation under section thir- 
teen A of this chapter, or if the town has determined other- 
wise to pay such workmen's compensation direct, to pay a 
proper charge for aggregate excess or single accident rein- 
surance to protect the town from extraordinary workmen's 
compensation losses. Approved May 26, 1955. 



256 Acts, 1955. — Chaps. 386, 387. 

Chap. SSQ An Act further relating to the non-criminal disposi- 
tion OF PARKING VIOLATIONS. 

Be it enacted, etc., as follows: 

Ed^'9J^r20A Section 1. The first paragraph of section 20 A of chapter 
etc'.. 'amended. ' 90 of the General Laws, as appearing in section 1 of chap- 
ter 249 of the acts of 1953, is hereby amended by adding at 
^a*ikfng*° the end the following sentence: — No other form of notice, 

violators. exccpt as providcd in this section, shall be given to the 

offender; nor shall any notification be attached to the 
vehicle involved requesting the offender to appear at a 
police station. 
Edi^'gJ^s^oA Section 2. The third paragraph of said section 20A of 
etc., 'further ' Said chapter 90, as so appearing, is hereby amended by strik- 
amended. -j^g ^^^ £|^g second and third sentences and inserting in place 

dispositiSJfof thereof the following two sentences : — If any person fails to 
?foiat^fns appear in accordance with the summons issued upon such 
regulated.' complaiiit, the clerk shall, in the case of a first or second 
offence but for no subsequent offence, send such person, by 
registered mail, return receipt requested, a notice that the 
complaint is pending and that, if the person fails to appear 
within twenty-one days from the sending of such notice, a 
warrant for his arrest will be issued and the registrar of motor 
vehicles notified to suspend his right or license to operate 
motor vehicles. If any person fails to appear within twenty- 
one days from the sending of such notice or in accordance 
with the summons issued upon such complaint, as the case 
may be, the court shall issue a warrant for his arrest and the 
clerk shall notify the registrar, who shall forthwith suspend 
the right of such person to operate motor vehicles, or his 
license, if any, to operate the same, and shall not reinstate 
such right or license or issue a renewal thereof to such person 
until after notice from the clerk of the court disposing of such 
complaint that the same has been disposed of in accordance 
with law; and it shall be the duty of the clerk of the court 
disposing of such complaint to notifj^ the registrar forthwith 
that such case has been so disposed of. 

Approved May 26, 1955. 



Chap. 387 An Act increasing the number of city councillors to 

BE ELECTED IN THE CITY OF WALTHAM. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of section 
fifty-nine of chapter forty-three of the General Laws to the 
contrary the city council of the city of Waltham shall be 
composed of fifteen members, two to be elected from ward 
one by and from the quahfied voters thereof, two to be 
elected from ward two by and from the quahfied voters 
thereof, one to be elected from each of the other wards by 
and from the quahfied voters of each ward, and the remaining 



Acts, 1955. — Chaps. 388, 389, 390. 257 

six members to be elected by and from the qualified voters 
of the city. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Waltham at the regular 
municipal election in the current year in the form of the fol- 
lowing question which shall be placed upon the official ballot 
to be used at said election: — "Shall an act passed by the 
general court in the current year providing that the number 
of councillors to be elected from ward one be increased from 
one to two, the number of councillors from ward two be in- 
creased from one to two and the number of councillors to be 
elected at large be increased from four to six, be accepted?" 
If a majority of the voters voting on said question answer in 
the affirmative, this act shall take full effect. 

Approved Mmj 26, 1955. 



An Act designating a bridge in the town of man- C/iap.388 

CHESTER AS THE FRANK B. AMARAL MEMORIAL BRIDGE. 

Be it enacted, etc., as follows. • 

Section 1. The bridge constructed over School street on 
Route 128 in the town of Manchester shall be known and 
designated as the Frank B. Amaral Memorial Bridge, and 
the state department of public works shall erect thereon and 
thereafter maintain a suitable tablet and marker bearing said 
designation. 

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

Approved May 27, 1955. 

An Act designating a bridge in the town of man- (7/ia7?.389 

CHESTER AS THE RICHARD E. BAILEY MEMORIAL BRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The bridge constructed over Pine street on 
Route 128 in the town of Manchester shall be known and 
designated as the Richard E. Bailey Memorial Bridge, and 
the state department of public works shall erect thereon 
and thereafter maintain a suitable tablet and marker bearing 
said designation. 

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

Approved May 27, 1955. 

An Act designating the underpass on the new south- C7iax>.390 

EAST expressway IN THAT PART OF THE TOWN OF MILTON 
CALLED EAST MILTON AS THE JOSIAH BABCOCK JR. UNDER- 
PASS. 

Be it enacted, etc., as follows: 

Section 1. The underpass on the new south-east ex- 
pressway in that part of the town of Milton called East 
Milton shall be known and designated as the Josiah Babcock 



258 Acts, 1955. — Chaps. 391, 392. 

Jr. Underpass, and a suitable tablet bearing said designation 

shall be attached thereto by the department of public works. 

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

Approved May 27, 1956. 

Chap.S91 An Act authorizing the town of millis to pay a sum 

OF money to a. m. sonnabend. 

Be it enacted, etc., as follows: 

Section 1. The town of Millis is hereby authorized to 
appropriate from the town's available funds the sum of 
sixty-three hundred and six dollars and fifty cents and to 
pay the same to A. M. Sonnabend to reimburse him for 
money expended by him for a water main extension along 
a town way; provided no payment shall be made hereunder 
unless and until said A. M. Sonnabend shall have granted 
to said town a permanent easement for the operation and 
maintenance of said water main extension. 

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 
February twenty-first, nineteen hundred and fifty-five, and 
the action of the town in voting said reimbursement at said 
meeting is hereby validated. Approved May 27, 1955. 

Chap.S92 An Act to incorporate the greater fall river devel- 
opment corporation. 

Be it enacted, etc., as follows: 

Section 1. Greater Fall River Development Corpora- 
tion, incorporated under the laws of the commonwealth on 
April thirtieth, nineteen hundred and fifty-four, upon ac- 
ceptance of this act by a majority vote of the stockholders 
thereof, voting in person or by proxy, at a meeting duly 
called for the purpose, shall be dissolved. 

Section 2. In this act, unless the context otherwise re- 
quires, the following words shall have the following mean- 
ings: — 

"Corporation", the Greater Fall River Development 
Corporation, created by section three of this act. 

"Financial institution", any banking corporation or in- 
stitution, trust company, savings bank, co-operative bank, 
savings and loan association, insurance company, or related 
corporation, partnership, foundation or other institution en- 
gaged primarily in lending or investing funds. 

"Executive committee", the executive committee estab- 
lished under section ten. 

Section 3. James E. Bullock, Francis L. Collins, Jr., 
James H. Collins, Frank J. Conley, Francis J. Connors, 
Edward M. Corbett, Emile J. Cote, Roger L. Currant, Leo 
J. F. Donovan, Odias Dumont, John E. Balaguer, William 



Acts, 1955. — Chap. 392. 259 

H. Barker, Eugene L. Baxter, Thomas J. Beedem, Edward 
S. Bliss, John E. Brady, Herman V. Brooks, George A. 
Butler, Harold E. Clarkin, Bernard J. Curtin, George Del- 
ano, Jr., Arthur R. Derbyshire, Henry J. Feitelberg, Roger 
Ferreira, Monsour J. Ferris, Walter C. Fraze, David Friar, 
William F. Gallagher, Emile P. Gendreau, Leo Giguere, 
Paul A, Giroux, Earle T. Griffiths, Charles McHadley, Har- 
old Hadley, Adolf F. Hartley, Joseph W. Heaton, James J. 
Higgins, Norman F. Hochu, Lincoln P. Hohnes, John E. 
Hopkins, Jr., Morris Horvitz, Jr., Wilham F. Howard, Jr., 
Harold J. T. Hughes, Zigmund J. Jackim, Wilham Jackson, 
George E. Kay, Wilham D. Keefe, Matthew J. Kuss, Ru- 
dolph L. LaVault, Milton Lazarus, Samuel E, Liss, Ken- 
neth List, Wilham List, Albert Manchester, Wilham T. 
Manning, Jr., Lloyd F. McCarty, George M. Montle, Charles 
R. Murray, Gilbert C. Ohveira, James E. O'Neil, John W. 
Owen, Duncan S. Owler, Dr. Normand O. Paquin, Adelbert 
0. Parrott, Frank X. Perron, Leonard H. Phelan, Jr., Albert 
G. Pierce, Eugene J. Pontiff, H. Wilham Radovsky, John 
W. Riggenbach, Everett Rosenthal, Warren F. Sanford, 
Thomas Shay, Alfred S. Sherwin, George L. Sisson, Sr., 
Myer M. Sobiloff, Frank B. Sousa, Frank M. Silvia, Jr., 
Francis E. Sulhvan, James P. Sullivan, Robert F. Sykes, 
Richard M. Thompson, Christ Verros, James T. Waldron, 
Reginald L. Willey, Charles R. Yoken, Carl Zeitz, George 
W. Hopkins, Paul Woltman, Arthur J. Shea, Daniel Cough- 
lin, Jeremiah J. Lowney, Wilfred J. Poirier, Raymond D. 
Ouellette, Gilbert Mason, James E. Fitzgerald, James Ryan, 
A. J. Kearns, Hector E. Barrette, Harry Gottlieb, Dr. Ed- 
ward J. Steinhof, Dr. Raymond J. Connors, William F. 
Staples, Paul L. Amiot, Anson L. Berryman, Lincoln D. 
Brayton, Harold S. R. Bufhngton, Leeds Burchard, Nelson 
R. Cherry, Antone S. Feno, Jr., Arthur C. Guimond, Russell 
L. Mcllwaine, Joseph L. Merritt, Norman E. Sherman, 
Charles C. Smith, Ray C. Westgate, John C. Fonseca, Jr., 
Andre G. Giroux, Adolf F. Haffenreffer, Joseph E. Hanify, 
Jr., P. A. Harrington, Jr., Wilham C. Harrison, Richmond 
Harrison, Edward J. Nasser, their associates, successors, and 
assigns, are hereby constituted a body corporate under the 
name of Greater Fall River Development Corporation. 
The corporation shall be subject to and have the powers 
and privileges conferred by the pro\lsions of chapter one 
hundred and fifty-five, sections eighteen, twenty-six, twenty- 
seven, thirty-one, thirty-three, and thirty-four of chapter 
one hundred and fifty-six, and section two of chapter one 
hundred and eighty of the General Laws as presently en- 
acted or hereafter amended, except so far as said provisions 
are inconsistent with or otherwise restricted or limited by 
the provisions of this act. 

Section 4. The principal office of the corporation shall 
be located in the city of Fall River. The corporation may 
have offices in such other places within the vicinity of Fall 
River as may be fixed by the board of directors. 



260 Acts, 1955. — Chap. 392. 

Section 5. The purposes of the corporation shall be to 
promote, stimulate, develop and advance the business 
prosperity and economic welfare of the city of Fall River 
and its vicinity, and the citizens thereof; to encourage and 
assist, through loans, investments or other business trans- 
actions, the location of new business and industry in the 
city of Fall River and its vicinity; to rehabilitate and assist 
existing business and industry; and so to stimulate and 
assist in the expansion of all kinds of business activity 
which will tend to promote the business development and 
maintain the economic stabihty of the city of Fall River and 
its vicinity, provide maximum opportunities for employ- 
ment, encourage thrift, and improve the standard of living 
of its citizens; and similarly to endeavor to increase and 
diversify industry and employment. 

In furtherance of such purposes and in addition to the 
powers conferred on business corporations by the provisions 
of the General Laws specified in section three, the corpora- 
tion shall, subject to the restrictions and limitations herein 
contained, have the following powers: — 

(a) To purchase, receive, hold, lease, or otherwise ac- 
quire, and to develop, improve, sell, convey, exchange, 
mortgage, lease, rent and otherwise deal or trade in and 
dispose of real property and any estate interests or rights 
therein. 

(h) To loan money on bonds secured by mortgage on 
real or personal property. 

(c) To erect, construct, alter, maintain and improve in- 
dustrial or civic buildings or buildings used for civic or 
charitable purposes of every description on any lands of 
the corporation or upon other lands, and to rebuild, alter 
and improve industrial, civic or charitable buildings or 
buildings used for civic or charitable purposes thereon. 

(d) To purchase, subscribe to, acquire, hold and to sell, 
assign, mortgage, hypothecate or otherwise dispose of the 
shares of the capital stock or preferred stock, bonds and 
other evidences of indebtedness of any corporation, domestic 
or foreign; and to issue in exchange for such stock, bonds 
and other evidences of indebtedness, its own stock, bonds 
and other obligations, and while owners or holders thereof 
to exercise all the rights of powers of ownership including 
the right to vote thereon for any purpose. 

(e) To buy, acquire, hold, use, employ, develop, mort- 
gage, convey, lease and dispose of patent rights, letters 
patent, copyrights, trade names, labels, processes, devices, 
inventions, trademarks, formulae, goodwill and other rights, 
and to pay therefor in cash or property or to issue in ex- 
change therefor stocks, bonds and other obligations. 

(/) To enter into any arrangement for union of interest, 
co-operation, joint adventure, reciprocal concession, or oth- 
erwise, with any person or company engaged in or about 
to engage in any business or transaction in the city of Fall 
River or its vicinity, which the corporation is authorized to 



Acts, 1955. — Chap. 392. 261 

engage in and to lend money with security to guarantee the 
contracts or otherwise assist any person, persons, or com- 
pany or corporation when necessary for the accompUshment 
of the purposes herein provided. 

(g) To receive stocks, bonds, donations, gifts and to 
otherwise raise money for the above outUned purposes. 

(h) To elect, appoint and employ officers, agents and 
employees; to make contracts and incur liabiHties for any 
of the purposes of the corporation. 

(i) To borrow money from any financial institution, and 
to issue therefor its bonds, debentures, notes, stock or other 
evidences of indebtedness, whether secured or unsecured, 
and to secure the same by mortgage, pledge, deed of trust 
or other lien on its property, franchises, rights and privileges 
of every kind and nature or any part thereof or interest 
therein. 

(j) To co-operate with and avail itself of the facilities 
of the department of commerce and any similar govern- 
mental agencies; and to co-operate with and assist, and 
otherwise encourage any industrial organization in the city 
of Fall River and its vicinitj'', in the promotion, assistance 
and development of the business prosperity and economic 
welfare of such area. 

(k) To do all acts and things necessary or convenient to 
carry out the powers expressly granted in this act. 

Section 6. The authorized capital stock of the corpora- 
tion shall consist of one million four hundred thousand 
shares of common capital stock with a par value of five 
dollars each, which shares shall be divided into Class A 
and Class B. 

Class A. An individual, corporation, estate or trust, 
company or partnership, shall be entitled to hold or own 
not more than five hundred shares of Class A common 
capital stock, and such individual, corporation, estate or 
trust, company or partnership, may purchase the same 
from the corporation from time to time as long as the above 
amount of five hundred shares is not exceeded and the 
corporation has in its treasury authorized Class A common 
capital stock not distributed. Such stock may also be 
purchased from other individuals, corporations, estates, 
trusts, companies or partnerships, provided the amount 
purchased shall not exceed five hundred shares in the aggre- 
gate. If such individual, corporation, estate, trust, com- 
pany, or partnership holds in the aggregate more than five 
hundred shares, it shall be required to turn in the excess of 
five hundred shares to the corporation and to receive back 
therefor in exchange Class B common stock on a share for 
share basis. The holder of each share of Class A common 
capital stock shall be entitled to one vote for each such 
share not in excess of five hundred shares. 

Class B. An individual, corporation, estate or trust, com- 
pany or partnership, shall not be limited as to holdings or 
purchases in Class B common capital stock and shall be en- 



262 Acts, 1955. — Chap. 392. 

titled to purchase the same from the corporation from time 
to time so long as the latter has in its treasury authorized 
Class B common capital stock not distributed. Such stock 
may also be purchased from other individuals, corporations, 
estates, trusts, companies or partnerships. Class B common 
capital stock shall be non-voting. 

None of the earnings of the corporation shall accrue to or 
be paid to the stockholders of common capital stock as 
dividends or profits. 

Section 7. Notwithstanding any rule at common law or 
any such other provision of any general or special law, or any 
provision in their respective charters, agreements of associa- 
tion, articles of organization, or trust indentures, all do- 
mestic corporations organized for the purpose of carrying on 
business within this commonwealth, including without im- 
plied limitation any electric or gas company as defined in 
section one of chapter one hundred and sixty-four of the 
General Laws, railroad corporations as defined in section 
one of chapter one hundred and sixty of said General Laws, 
financial institutions, and trustees, are hereby authorized to 
acquire, purchase, hold, sell, assign, transfer, or otherwise 
dispose of any stocks, bonds, securities, or other evidences 
of indebtedness of the corporation and to make contributions 
to said corporation, and if owners of such stock to exercise 
all the rights, powers and privileges of ownership, including 
the right to vote thereon, all without the approval of any 
regulatory authority of the commonwealth; provided, that 
in so acquiring the capital stock of the corporation or in 
making contributions thereto, no financial institution shall 
expend, in the aggregate, in any one year an amount greater 
than one half of one per cent of its total or gross earnings or 
income for the next preceding fiscal year; and provided, fur- 
ther, that such contributions may be made over a period not 
to exceed five years. 

Any contribution made under this section to the corpora- 
tion shall be in addition to any contributions authorized by 
section fifty-seven of chapter one hundred and sixty-eight of 
the General Laws, section thirty-five of chapter one hundred 
and seventy of the General Laws, and by other provisions 
of general or special law. 

Section 8. The stockholders shall have the following 
powers of the corporation : — (a) To determine the number 
of and elect directors as provided in section ten; (5) to 
make, amend and repeal by-laws; (c) to amend this charter 
as provided in section nine; (d) to dissolve the corporation 
as provided in section seventeen; (e) to exercise such other 
powers of the corporation as may be conferred on the stock- 
holders by the by-laws. 

Section 9. This charter may be amended by the votes of 
the stockholders, and such amendments shall require ap- 
proval by the affirmative vote of two thirds of the votes to 
which the stockholders shall be entitled; provided, that no 
amendment of this charter which is inconsistent with the gen- 



Acts, 1955. — Chap. 392. 263 

eral purposes expressed herein or which eliminates or curtails 
the right of the commissioner of commerce to examine the cor- 
poration or the obhgation of the corporation to make reports 
as provided in section twelve, shall be made without amend- 
ment of this act; and provided, further, that no amendment 
of this charter which affects a stockholder's voting right, 
shall be made without the consent of each stockholder 
affected by such amendment. 

Within thirty days after any meeting at which amend- 
ments of this charter have been adopted, articles of amend- 
ment sworn to by the president, treasurer and a majority of 
the directors, setting forth such amendment and the adop- 
tion thereof, shall be submitted to the commissioner of com- 
merce, who shall examine them, and if he finds that they 
conform to the requirements of this act, he shall so certify 
and endorse his approval thereon. Thereupon the articles 
of amendment shall be filed in the office of the secretary of 
the commonwealth, and no such amendment shall take effect 
until such articles of amendment shall have been filed as 
aforesaid. 

Prior to or within sixty days after the effective date of 
any legislative amendment to this charter, the approval of 
such amendment shall be voted on by the stockholders of 
the corporation at a meeting duly called for the purpose. If 
such amendment is not approved by the affirmative vote of 
two thirds of the votes to which the stockholders shall be en- 
titled, any stockliolder who has voted against the approval 
of such amendment, if entitled to vote, or, if not entitled 
to vote, has registered his disapproval in writing with the 
corporation at or before said meeting, may, within thirty 
days after said meeting, make a written demand upon the 
corporation for payinent for his stock. 

Section 10. The business and affairs of the corporation 
shall be managed and conducted by a board of directors of 
not more than fifteen members, a president, a first vice- 
president and a second vice-president, a treasurer and a 
clerk, who shall be the executive committee. 

The executive committee may exercise all the powers of 
the corporation except such as are conferred by law or by the 
by-laws of the corporation upon the stockholders, and shall 
choose and appoint all the agents and officers of the corpora- 
tion and fill all vacancies. 

Directors and officers shall not be responsible for losses 
unless the same shall have been occasioned by the wilful 
misconduct of such directors and officers. 

Section 11. The corporation shall not deposit any of its 
funds in any banking institution unless such institution has 
been designated as a depository by a vote of a majority of 
the directors present at an authorized meeting of the board 
of directors, exclusive of any director who is an officer or 
director of the depository so designated. 

The corporation shall not receive money on deposit. 

Section 12. The corporation shall be subject to the ex- 



264 Acts, 1955. — Chap. 392. 

amination of the commissioner of commerce, and shall make 
reports of its condition not less than annually to said com- 
missioner, who in turn shall make copies of such reports 
available to the commissioner of insurance and to the com- 
missioner of banks, and the corporation shall also furnish 
such other information as may from time to time be required 
by the commissioner of commerce. 

Section 13. The first meeting of the corporation shall be 
called by a notice signed by three or more of the incorpora- 
tors, stating the time, place and purpose of the meeting, a 
copy of which notice shall be mailed, or delivered, to each 
incorporator at least five days before the day appointed for 
the meeting. Said first meeting may be held without such 
notice upon agreement in writing to that effect signed by all 
the incorporators. There shall be recorded in the minutes 
of the meeting a copy of said notice or of such unanimous 
agreement of the incorporators. 

At such first meeting the incorporators shall organize by 
the choice, by ballot, of a temporary clerk, by the adoption 
of by-laws, by the election by ballot of directors, and by 
action upon such other matters within the powers of the 
corporation as the incorporators may see fit. The temporary 
clerk shall be sworn and shall make and attest a record of the 
proceedings. Ten of the incorporators shall be a quorum for 
the transaction of business. 

Whenever the certificate required by section thirteen of 
chapter one hundred and fifty-five of the General Laws has 
been filed in the office of the secretary of the commonwealth, 
said secretary shall issue and deliver to the incorporators a 
certified copy of this act under the seal of the common- 
wealth, and said corporation shall then be authorized to 
commence business, and stock thereof to the extent herein 
or hereafter duly authorized may from time to time be issued. 

Section 14. The corporation shall not be subject to any 
of the provisions of chapter sixty-three of the General Laws, 
nor to any taxes based upon or measured by income which 
may be enacted by the commonwealth. The securities, evi- 
dences of indebtedness and shares of capital stock issued by 
the corporation, and income therefrom, shall at all times be 
free from taxation within the commonwealth. 

Any stockholder, or holder of any securities, evidences of 
indebtedness or shares of the capital stock of the corporation 
who reahzes a loss from the sale, redemption, or other dis- 
position of any securities, evidences of indebtedness, or 
shares of the capital stock of the corporation, including any 
such loss reahzed on a partial or complete liquidation of the 
corporation, and who is not entitled to deduct such loss in 
computing any of such stockholder's, or holder's taxes to the 
commonwealth, shall be entitled to credit against any taxes 
subsequently becoming due to the commonwealth from such 
stockholders or other holders, a percentage of such loss 
equivalent to the highest rate of tax assessed for the year in 
which the loss occurs upon mercantile and business corpora- 



Acts, 1955. —Chap. 393. 265 

tions as referred to in section two of chapter sixty-three of 
the General Laws. 

Section 15. The provisions of chapter one hundred and 
ten A of the General Laws shall not apply to the shares of 
the capital stock, bonds, debentures, notes, evidences of in- 
debtedness, or any other securities of tliis corporation. 

Section 16. The period of duration of the corporation 
shall be fifty years, subject, however, to the right of the 
stockholders to dissolve the corporation prior to the ex- 
piration of said period as provided in section seventeen. 

Section 17. The corporation may upon the affirmative 
vote of two thirds of the votes of the stockholders petition 
for its dissolution by order of the supreme judicial or su- 
perior court, in the manner provided in section fifty of chap- 
ter one hundred and fifty-five of the General Laws. Upon 
any dissolution of the corporation all assets over and above 
the amount paid into the corporation by the stockholders 
for their shares of stock, shall be paid over to a non-sectarian 
charitable organization selected by the executive committee 
and approved by vote of the stockholders, the commissioners 
of corporations and taxation, and the commissioner of public 
welfare. 

Section 18. If the corporation shall fail to commence 
business within three years from the effective date of this 
act, then this act shall become null and void. 

Section 19. Under no circumstances is the credit of the 
commonwealth or any pohtical division thereof pledged 
herein. 

Section 20. The provisions of this act are severable, 
and if any of its provisions shall be held unconstitutional by 
any court of competent jurisdiction, the decision of such 
court shall not impair any of the remaining provisions. 

Section 21. This act shall take effect upon its passage. 

Approved May 27, 1955. 

An Act providing that a certain overpass in the city (7Aa».393 

OF SOMERVILLE BE DESIGNATED AS THE PAUL A. MCCARTHY 
OVERPASS. 

Be it enacted, etc., as follows: 

The overpass to be constructed on the Monsignor McGrath 
highway in the city of Somerville, crossing Washington 
street and running to the Squire bridge in said city, shall be 
known and designated as the Paul A. McCarthy overpass. 
The raetropoHtan district commission shall attach at each 
end of said overpass suitable markers or plaques bearing such 
designation. Approved May 27, 1955. 



266 Acts, 1955. — Chaps. 394, 395. 



C/mp.394 An Act authorizing the county commissioners of the 

COUNTY OF HAMPSHIRE TO PROVIDE ADEQUATE ELEVATOR 
ACCOMMODATIONS AND FACILITIES FOR THE COURTHOUSE 
AT NORTHAMPTON. 

Be it enacted, etc., as follows. • 

Section 1. For the purpose of providing adequate ele- 
vator accommodations and facilities, the county commis- 
sioners of the county of Hampshire may install and furnish 
and equip the courthouse in the city of Northampton with 
an elevator. 

Section 2. For the purpose aforesaid, the treasurer of 
said county, with the approval of the count}'' commissioners, 
may borrow upon the credit of the county such sums as may 
be necessary, not exceeding, in the aggregate, fifty thousand 
dollars, and may issue bonds and notes of the county there- 
for, which shall bear on the face the words, Hampshire 
County Courthouse Elevator Loan, Acts of 1955. Each au- 
thorized issue shall constitute a separate loan and such loans 
shall be payable in 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 private or public 
sale upon such tenns and conditions as the county commis- 
sioners may deem proper, but not for less than their par 
value. Indebtedness hereunder shall, except as herein pro- 
vided, 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 payable 
in not more than one year from their date in anticipation of 
serial bonds and notes under this act, but the time within 
which such serial bonds and notes shall become due and pay- 
able shall not, by reason of such temporary notes, be extended 
beyond the time fixed by this act. Any notes issued in antici- 
pation of the serial bonds or notes shall be paid from the pro- 
ceeds thereof. 

Section 3. This act shall take full effect upon its accept- 
ance within two years of the effective date by the county 
commissioners of Hampshire county, but not otherwise. 

Approved May 27, 1955. 

Chap.S95 An Act relative to the salary of certain judges of 

PROBATE. 

Be it enacted, etc., as follows: 

Section L 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 during the year nineteen hundred 
and fifty-four shall receive such salary as is provided by sec- 
tion thirty-four of chapter two hundred and seventeen of the 
General Laws, as amended by section one of said chapter 



Acts, 1955. — Chaps. 396, 397, 398. 267 

seven hundred and forty-five of the acts of nineteen hundred 
and fifty-one. 

Section 2. This act shall take effect as of January first, 
nineteen hundred and fifty-five. Approved May 21 , 1955. 

An Act relative to the effective date for increasing (Jhav 396 

THE AMOUNTS RETAINED FOR THE TEACHERS' RETIREMENT 
FUND IN THE CITY OF BOSTON FROM THE SALARIES OF 
MEMBERS. 

Be it enacted, etc., as follows: 

Chapter 366 of the acts of 1954 is hereby amended by 
striking out section 4 and inserting in place thereof the 
following section: — Section 4- This act shall take effect on 
September first, nineteen hundred and fiifty-five, provided 
that, prior to said date, it shall have been accepted by vote 
of the city council of the city of Boston, subject to the 
provisions of its charter. Approved May 27, 1955. 

An Act authorizing the department of public works Chap. 397 

TO MAKE NECESSARY TAKINGS AND TO RELOCATE THE LAND- 
ING MONUMENT IN PROVINCETOWN. 

Be it enacted, etc., as follows: 

Section 1. The department of public works, acting for 
and in behalf of the commonwealth, is hereby authorized to 
take by eminent domain under chapter seventy-nine of the 
General Laws, for highway purposes, portions of certain land 
in the town of Provincetown and owned by said town upon 
which is situated the "Landing Monument", so called, a 
property of historical interest. 

Section 2. In the course of incidental highway construc- 
tion, said department may make such minor adjustments in 
the location of said monument as will best preserve its archi- 
tectural setting and accessibility to the public. 

Section 3. The department shall pay, from funds cur- 
rently available or which may subsequently become avail- 
able, without specific appropriation, all costs incidental to 
such takings and monument adjustment. 

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

Approved June 1, 1956. 

An Act relative to the expenditure by the town of C/mi).398 

WILMINGTON FOR CONSTRUCTING AN ATHLETIC FIELD OF 
ANY SURPLUS PROCEEDS OF THE BOND ISSUE FOR SCHOOL 
PURPOSES OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section L The town of Wilmington is hereby author- 
ized by a two-thirds vote to appropriate by transfer from 
the proceeds of a bond issue of one million three hundred 
thousand dollars, voted by said town for constructing and 



268 Acts, 1955. — Chaps. 399, 400. 

originally equipping and furnishing an addition to or exten- 
sion of the present junior-senior high school on Church street, 
such sums as may be necessary not exceeding one hundred 
thousand dollars, and to expend sums so transferred for the 
purpose of constructing an athletic field adjacent to said 
junior-senior high school. 

Section 2. All contracts awarded by said town for the 
purpose of constructing the athletic field, authorized by 
section one, shall be awarded pursuant to the requirements 
of sections forty-four A, forty-four B, forty-four C, and forty- 
four D of chapter one hundred and forty-nine of the General 
Laws. 

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

Approved June 1, 1966. 

Chap. 399 An Act relative to creditable prior service of Cath- 
arine E. o'connell kenney in the contributory re- 
tirement SYSTEM OF THE CITY OF BROCKTON. 

Be it enacted, etc., as follows: 

Section 1. Any provision of chapter thirty-two of the 
General Laws to the contrary notwithstanding, Catharine E. 
O'Connell Kenney, a member of the contributory retirement 
system of the city of Brockton shall, for the purpose of deter- 
mining her retirement allowance under the contributory re- 
tirement system of said city, have credited to her, as credit- 
able service, the period between the years nineteen hundred 
and twenty and nineteen hundred and thirty, inclusive, dur- 
ing which she was in the employ of said city, as part of her 
continuous service. 

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

Approved June 1, 1965. 

Chap. 4:00 An Act further regulating the sale of certain nar- 
cotic DRUGS. 

Be it enacted, etc., as follows: 

Ed 0,' 94,^ § 198, Section 198 of chapter 94 of the General Laws is hereby 
etc., 'amended. ' amended by inserting after the sixth sentence, as most re- 
cently amended by chapter 473 of the acts of 1948, the fol- 
lowing paragraph: — 
Sale and A pharmacist, in heu of a written prescription, may sell, 

distribution ,. ^ ^• i -i . . i • 

of certain dispciise or distribute to a consumer, upon an oral prescrip- 
relX^ted'!^^^^* tion of a duly registered physician, dentist or veterinarian, 
such narcotic drugs which the federal commissioner of the 
bureau of narcotics shall from time to time by rule or regu- 
lation designate to possess relatively little or no addiction 
liability. In issuing an oral prescription, the prescriber shall 
furnish the pharmacist with the same information as is re- 
quired by this section in the case of a written prescription 
for narcotic drugs, except for the written signature of the 
prescriber, and the pharmacist who fills such prescription 



Acts, 1955. —Chaps. 401, 402. 269 

shall promptly reduce such oral prescription to writing and in- 
scribe such information on the written record of the pre- 
scription made, which record shall be filed and preserved by 
him as in the case of written prescription for narcotic drugs. 
All the provisions of this section, relating to written prescrip- 
tions for narcotic drugs shall be applicable to such oral 
prescriptions, except the provision requiring the written 
legal signature of the prescriber. No oral prescription for 
such narcotic drugs shall be refilled. 

Approved June 1, 1956. 

An Act exempting the sale of certain veterans' hous- Chav,AQl 

ING FROM THE PROVISIONS OF LAW PROVIDING FOR A PAY- 
MENT IN LIEU OF TAXES IN THE EVENT OF A SALE OF REAL 
ESTATE BY A CITY OR TOWN. 

Whereas, The deferred operation of this act would tend ^™^mbiT^ 
to defeat its purpose, which is to expedite forthwith sales of 
residences constructed for veterans under section six of chap- 
ter three hundred and seventy-two of the acts of nineteen 
hundred and forty-six and acts amendatory thereof which 
are being impeded by the application of chapter two hundred 
and forty-seven of the acts of 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: 

Chapter 247 of the acts of 1955 is hereby amended by 
adding at the end the following section: — Section 2. The 
provisions of section sixty-three A of chapter forty-four of 
the General Laws, as appearing in section one of this act, 
shall not apply to real estate sold under the provisions of 
chapter three hundred and seventy-two of the acts of nine- 
teen hundred and forty-six, as amended. 

Approved June 1, 1965. 

An Act establishing a program of public nursing on Chap. A02 
Martha's vineyard. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of protecting and bettering 
the health and well-being of the citizens of Martha's Vine- 
yard, the county of Dukes county by its county commis- 
sioners is hereby authorized to pro\ade public nursing on 
Martha's Vineyard which is hereby declared to be a regular 
county activity within the meaning of section thirty-four of 
chapter thirty-five of the General Laws. 

Section 2. In order best to carry out the provisions of 
this act said county commissioners shall appoint an unpaid 
board to be known as the county nursing service board, con- 
sisting of two representatives from each of the towns of Ed- 
gartown, Oak Bluffs and Tisbury, and one representative 
from each of the towns of West Tisbury, Chilmark and Gay 



270 Acts, 1955. — Chap. 402. 

Head; provided, however, that no such member shall be ap- 
pointed or serve during the period that the town from which 
he serves is not a participating member of said nursing serv- 
ice program. Their terms of office shall be for three years 
and until their successors are appointed. Vacancies shall be 
fQled in the same manner as original appointments for the 
unexpired term. One of the said board shall be a member of 
the county medical association. Of the representatives first 
appointed, not more than three shall be appointed for an ini- 
tial term of three years, not more than three for an initial 
term of two years, and not more than three for a term of one 
year. At the expiration of the term of a representative a suc- 
cessor shall be appointed for a term of three years. 

Section 3. With the approval of the county commis- 
sioners the county nursing service board shall establish the 
program best suited to carry out the purpose of this act and 
shall make rules and regulations governing the nursing serv- 
ice program, including a system of fees and charges for nurs- 
ing service, visits, medication and drugs. 

Section 4. Upon recommendation of the county nursing 
service board, and subject to appropriation, the county com- 
missioners may appoint, and with like recommendation re- 
move, nurses and other personnel required for its program 
of nursing service. The county commissioners may also, sub- 
ject to appropriation, incur other necessary expenses. 

Section 5. No assessment for a portion or all of the ex- 
pense of the nursing service program shall be assessed against 
the town of Gosnold, nor shall it be eligible to participate in 
the benefits of said nursing program. 

Section 6. The total expenses of operation, less any re- 
ceipts on account of charges made, shall be apportioned at 
the end of each year among the member towns for said ex- 
pired year, on the basis that the valuations of said member 
towns for purposes of apportioning the county tax bear to 
the aggregate of the valuations of all member towns for said 
purpose, and shall be levied and collected in the manner pro- 
vided for the levying and collecting of the county tax; pro- 
vided, however, that no expense shall be apportioned to any 
town which has been a member for less than the entire year 
in excess of the proportion that the portion of the year dur- 
ing which said town was a member bears to the entire year. 

Section 7. No town shall become a member entitled to 
share in said nursing service program unless and until it shall 
have first accepted this act at an annual town meeting or at 
a special town meeting called for the purpose. Any town that 
has previously accepted this act may, at an annual town 
meeting, vote, not earlier than three years subsequent thereto, 
to revoke its former acceptance, and shall, at the end of the 
year in which said acceptance is revoked, cease to be a mem- 
ber. 

Section 8. Upon acceptance in the manner provided by 
section seven, this act shall take effect on April thirtieth, 
nineteen hundred and fifty-six. Approved June 1, 1956. 



Acts, 1955. — Chap. 403. 271 



An Act relating to certain rights of veterans of the ChavAOS 

KOREAN emergency AND CONFORMING CERTAIN PROVI- 
SIONS OF THE GENERAL LAWS TO SIMILAR PROVISIONS 
UNDER FEDERAL LAW AS MODIFIED BY PRESIDENTIAL ORDER. 

Whereas, The deferred operation of this act would tend p^fmbk"^ 
to defeat its purpose, which is to cause certain provisions 
of the General Laws relative to veterans to conform to and 
take effect at the same time as similar provisions under 
federal law, as recently modified by executive order of the 
President, which modification took effect on January thirty- 
first, nineteen hundred and fifty-five, therefore it is hereby 
declared to be an emergency law, necessary for the imme- 
diate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Clause Forty-third of section 7 of chapter 4 Ed)'*^^!'? 
of the General Laws, added by section 1 of chapter 627 of etc, 'amended. 
the acts of 1954, is hereby amended by striking out the sixth 
and seventh paragraphs and inserting in place thereof the 
following two paragraphs : — 

"Korean veteran" shall mean any veteran who performed Definitions, 
such wartime service between June twenty-fifth, nineteen 
hundred and fifty and January thirty-first, nineteen hundred 
and fifty-five, both dates inclusive. 

"Korean emergency" shall mean the period between June 
twenty-fifth, nineteen hundred and fifty and January thirty- 
first, nineteen hundred and fifty-five, both dates inclusive. 

Section 2. Section 1 of chapter 440 of the acts of 1953 
is hereby amended by striking out the first paragraph and 
inserting in place thereof the following paragraph : — Upon 
appUcation, as hereinafter provided, there shall be allowed 
and paid out of the treasury of the commonwealth without 
appropriation and without a warrant from the governor and 
council, to each person who shall have served in the armed 
forces of the United States, in active service, between June 
twenty-fifth, nineteen hundred and fifty and January thirty- 
first, nineteen hundred and fifty-five, both dates inclusive, 
and who was discharged or released under honorable condi- 
tions from such service, the sums hereinafter specified ; pro- 
vided, that the domicile of every person on account of whose 
ser\ice the application is filed shall have been in the com- 
monwealth for a period of not less than six months immedi- 
ately prior to the time of his entry into service. 

Section 3. Clause Twenty-second of section 5 of chap- g l. (Xer. 
ter 59 of the General Laws, as most recently amended by etc.. amended, 
section 1 of chapter 683 of the acts of 1954, is hereby amended 
by striking out paragraph (a) and inserting in place thereof 
the following paragraph : — 

(a) Persons who served in the armed forces of the United ^oS?*toi°tion 
States, between February fifteenth, eighteen hundred and of r<ai property 
ninety-eight and July fourth, nineteen hundred and two, veterans'^and"^ 
between April sixth, nineteen hundred and seventeen and °*''«'"3- 



272 



Acts, 1955. — Chap. 403. 



G. L. (Ter. 
Ed.), 60A, § 1, 
etc., amended. 



Korean 
emergency. 

G, L. (Ter. 
Ed.), 116, § 1, 
etc., amended. 



Korean 
emergency. 

G. L. (Ter. 
Ed.), 116, 
§ 26J, etc., 
amended. 



Definitions. 



November eleventh, nineteen hundred and eighteen or were 
awarded the World War I Victory Medal, between Sep- 
tember sixteenth, nineteen hundred and forty and December 
thirty-first, nineteen hundred and forty-six, or between June 
twenty-fifth, nineteen hundred and fifty and January thirty- 
first, nineteen hundred and fifty-five and whose last dis- 
charge or release from the armed forces was under other than 
dishonorable conditions; and who were domiciled in Massa- 
chusetts 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 re- 
ceived or disease contracted while in such service and in the 
fine of duty, lost the sight of both eyes or both arms. After 
the assessors have allowed exemption under this paragraph 
or paragraph (6), (/), {g) if it relates to widows, and (h), 
no further evidence of the existence 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. 

Section 4. The fifth paragraph of section 1 of chapter 
60A of the General Laws, as most recently amended by 
chapter 320 of the acts of 1955, is hereby further amended 
by striking out the words "service during the Korean emer- 
gency between June twenty-fifth, nineteen hundred and fifty 
and January thirty-first, nineteen hundred and fifty-five", 
each time said words occur therein, and inserting in place 
thereof, in each instance, the words : — the Korean emer- 
gency. 

Section 5. Clause Fifth of section 1 of chapter 116 of 
the General Laws, as appearing in section 6 of chapter 590 
of the acts of 1951, is hereby amended by striking out, in fines 
27 to 31, inclusive, the words "while the United States en- 
gaged in hostilities under the flag of the United Nations, or 
in a state of war arising out of and as the result of such 
hostilities, which hostilities shall be deemed to have begun 
on June twenty-fifth, nineteen hundred and fifty," and in- 
serting in place thereof the words : — during the Korean 
emergency. 

Section 6. Section 26J of chapter 121 of the General 
Laws is hereby amended by striking out the paragraph de- 
fining "Veteran", as appearing in section 1 of chapter 616 
of the acts of 1952, and inserting in place thereof the follow- 
ing paragraph : — 

"Veteran", a person who has served in the active miUtary 
or naval service of the United States at any time between 
September sixteenth, nineteen hundred and forty, and July 
twenty-sixth, nineteen hundred and forty-seven, both dates 
inclusive, or at any time between April sixth, nineteen hun- 
dred and seventeen, and November eleventh, nineteen hun- 
dred and eighteen, both dates inclusive, and a person who 
has served in the active armed forces of the United States 



Acts, 1955. — Chap. 403. 273 

at any time between June twenty-fifth, nineteen hundred 
and fifty, and January thirty-first, nineteen hundred and 
fifty-five, both dates inclusive, and wiio was discharged or 
released therefrom under conditions other than dishonorable. 
The term "veteran", as used herein, shall also include the 
wife, widow, mother or other dependent of such person. 

Section 7. Section 3 of chapter 372 of the acts of 1946 
is hereby amended by striking out the paragraph defining 
"Veteran", as appearing in section 2 of said chapter 616, 
and inserting in place thereof the following paragraph : — 

"Veteran", a person who has served in the active military 
or naval service of the United States at any time between 
September sixteenth, nineteen hundred and forty, and July 
twenty-sixth, nineteen hundred and forty-seven, both dates 
inclusive, or at any time between April sixth, nineteen hun- 
dred and seventeen, and November eleventh, nineteen hun- 
dred and eighteen, both dates inclusive, and a person who 
has served in the active armed forces of the United States 
at any time between June twenty-fifth, nineteen hundred 
and fifty, and January thirty-first, nineteen hundred and 
fifty-five, both dates inclusive, and who was discharged or 
released therefrom under conditions other than dishonorable. 
The term "veteran", as used herein, shall also include the 
wife, widow, mother or other dependent of such person. 

Section 8. Section 1 of chapter 797 of the acts of 1950 
is hereby amended by striking out the first sentence and in- 
serting in place thereof the following sentence : — Any city 
or town, acting by its veterans' agent, may provide a war 
allowance for the dependent relatives of any person who 
was in the armed forces of the United States between June 
twenty-fifth, nineteen hundred and fifty and January thirty- 
first, nineteen hundred and fifty-five, both dates inclusive, 
until his discharge or release from said armed services, or 
until January thirty-first, nineteen hundred and fifty-six, 
whichever is earlier, provided that said person, at the time 
of his entry into such service or his recall thereto or his con- 
tinuance therein at the expiration of a prior enHstment to 
the credit of the commonwealth, was a resident of this com- 
monwealth and had been a resident thereof for not less than 
one year. 

Section 9. Section six of said chapter seven hundred and 
ninety-seven, as amended by section eight of chapter five 
hundred and ninety of the acts of nineteen hundred and 
fifty-one, is hereby repealed. 

Section 10. Chapter 805 of the acts of 1950 is hereby 
amended by striking out section 2 and inserting in place 
thereof the following section : — Section 2. The hostilities 
referred to in section one shall, for the purposes of this act, 
be deemed to have begun on June twenty-fifth, nineteen 
hundred and fifty and terminated on January thirty-first, 
nineteen hundred and fifty-five. 

Section 11. Chapter 52 of the acts of 1951 is hereby 
amended by striking out, in fines 1 to 5, the Avords "While 



274 Acts, 1955. — Chaps. 404, 405. 

the United States is engaged in hostilities under the flag of 
the United Nations, or in a state of war arising out of and 
as the result of such hostilities, which hostilities, for the pur- 
pose of this act, shall be deemed to have begun on June 
twenty-fifth, nineteen hundred and fifty, a" and inserting 
in place thereof the letter "A". 

Section 12. Chapter 346 of the acts of 1953 is hereby 
amended by striking out, in lines 7 to 11, inclusive, the words 
", which date shall, for the purposes of this act, be deemed 
to mark the commencement of the hostilities in Korea, to 
the date of cessation of said hostihties as determined by an 
act of congress or by presidential proclamation" and insert- 
ing in place thereof the following : — to the thirty-first day 
of January, nineteen hundred and fifty-five, both dates in- 
clusive. 

Section 13. Section sixty-five of chapter six hundred 
and twenty-seven of the acts of nineteen hundred and fifty- 
four is hereby repealed. 

Section 14. This act shall take effect as of January 
thirty-first, nineteen hundred and fifty-five. 

Approved June 2, 1955. 

Chap. 4:04: An Act providing that certain handicapped children 
OF subscribers to non-profit hospital service plans 

BE given continued COVERAGE UNDER THE MEMBERSHIP 
OF THE PARENT NOTWITHSTANDING THAT SUCH CHILDREN 
ARE OVER NINETEEN YEARS OF AGE. 

Be it enacted, etc., as follows: 

Ed.)',i76T. §8 Paragraph (c) of section 8 of chapter 176A of the General 
etc., 'amended. Laws is hereby amended by adding after clause (4) the 

following clause: — 
Contract, (5) A provisiou that any child who is mentally or physi- 

erms, etc. cally iucapable of earning his own livmg who is covered 
under the membership of his parent as a member of a family 
group shall after reaching the age of nineteen continue to 
be covered under the membership of his parent as a member 
of such family group so long as he continues to be mentally 
or physically incapable of earning his own living, subject 
however, to such rules and regulations, premiums or addi- 
tional premiums as the commissioner of insurance may 
approve. Approved June 3, 1955. 

Chap. 4:05 An Act to provide for an additional forest fire truck 

IN BERKSHIRE COUNTY. 

Be it enacted, etc., as follows: 

The department of natural resources, acting through its 
division of forests and parks, is hereby authorized and di- 
rected to acquire and operate an additional forest fire fight- 
ing truck in Berkshire county; the said truck to be located 
in the northern part of the county. For the purposes of 



Acts, 1955. — Chaps. 406, 407. 275 

this act, said department may spend such sums as may be 
appropriated therefor. Approved June 3, 1955. 

An Act relative to the submission to the voters of (^Jiqjj 406 
hampshire county of the question of licensing horse 
races at county fairs at which the pari-mutuel sys- 
tem of betting shall be permitted. 

Be it enacted, etc., as follows: 

Chapter 128 A of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 14B, inserted by chapter 389 of the f lic^added. 
acts of 1953, the following section: — Section I4C. The Question of 
state secretary shall, in addition to subdivisions A and B of rac"s'aT ''°'^^° 
the subdivided question provided for in section fourteen, p°""t^bi"' 
cause to be placed on the official ballot to be used in the submitted to 
cities and towns of Hampshire county at the biennial state Hampshire 
election in the year nineteen hundred and fifty-eight and county. 
every fourth year thereafter, the following subdivided ques- 
tion : — I 

C. Shall the pari-mutuel system of betting on ^^^^' 
licensed horse races at county fairs be permitted j no. 
in this county? 



If a majority of the votes cast in Hampshire county in 
answer to subdivision C are in the affirmative, said county 
shall be taken to have authorized the licensing of horse 
races at county fairs therein at which the pari-mutuel sys- 
tem of betting shall be permitted. 

Approved June 3, 1955. 

An Act establishing the jurisdiction of the municipal QJiav 407 

COURT OF the CITY OF BOSTON IN CONNECTION WITH THE 
JUDICIAL REVIEW OF CERTAIN DECISIONS OF THE CIVIL 
SERVICE COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (d) of section 43 of chapter 31 of Edt'3?l'43 
the General Laws, as appearing in section 1 of chapter 373 etc!, 'amended! 
of the acts of 1947, is hereby amended by inserting after the 
word "by", in line 5, the words: — the municipal court of 
the city of !Boston or by, — so as to read as follows: — 

(d) The reasons, notices and answers and the order of JistrfcT ^^urt 
discharge, removal, suspension, layoff, transfer, lowering in or Boston 
rank or compensation or abohtion of the office or position, ^™t!"^"^ 
and the facts as found by the commission, shall be subject to 
judicial review by the municipal court of the citj'' of Boston 
or by the district court within the judicial district of which 
such person resides, as provided in section forty-five. 

Section 2. Section 45 of said chapter 31. as most recently o- l. (Ter. 
amended by section 2 of chapter 667 of the acts of 1945, ^tc!? amended! 
is hereby further amended by inserting after the word "in", 
in hne 7, the words : — the municipal court of the city of 
Boston or in, — so as to read as follows : — Section 1^5. 



276 Acts, 1955. — Chap. 408. 

of'cefrriir^'*'^ Within thirty days after action by the commission on a 
removals, etc. hearing providcd for in section forty-three, the person who 
was discharged, removed, suspended, laid off, transferred or 
lowered in rank or compensation, or whose office or position 
was abolished, may, if said action was affirmed by the com- 
mission, bring a petition in the municipal court of the city 
of Boston or in the district court within the judicial district 
of which such person resides, addressed to the justice of the 
court, praying that the action of the appointing authority 
and of the commission in discharging, removing, suspending, 
laying off or transferring him or lowering him in rank or 
compensation or abolishing his office, may be reviewed by 
the court, and, after such notice to the appointing authority 
and the commission as the court deems necessary, it shall 
hear witnesses, review such action, and determine whether 
or not upon all the evidence such action was justified. If 
the court finds that such action was justified the action of 
the appointing authority and of the commission shall be 
affirmed; otherwise they shall be reversed and the peti- 
tioner shall be reinstated in his office or position without loss 
of compensation. The decision of the court shall be final 
and conclusive upon the parties, and a copy of the decision 
shall be forwarded forthwith by the clerk of the court to the 
director. 

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

Approved June 3, 1955. 

ChcipAOS An Act authorizing the submission to the voters of 

THE TOWN OF NEEDHAM OF A QUESTION PERTAINING TO 
THE FLUORIDE SUPPLEMENTATION OF ITS WATER SUPPLY. 

Be it enacted, etc., as folloios: 

Section 1. At the annual town election in the town of 
Needham to be held on the first Monday in ]\Iarch in the 
year nineteen hundred and fifty-six, there shall be submitted 
to the voters 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 Need- 
ham water supply?" If a majority of those voting indicate 
that they are in favor of such supplementation, the board 
of health of said town is hereby authorized and directed to 
take any and all necessary measures, either by itself or those 
designated by it, to carry into effect the fluoride supplemen- 
tation of the water supply of said town. 

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

Approved June 6, 1955. 



Acts, 1955. — Chaps. 409, 410. 277 

An Act authorizing the city of springfield to pay a ChopAOQ 

SUM OF MONEY TO GEORGE FLAHERTY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral ob- 
ligation, the city of Springfield may appropriate and pay to 
George Flaherty of said city such sums, not exceeding one 
thousand fourteen dollars and forty-seven cents, as may be 
necessary to reimburse him for hospital, medical and other 
expenses, not compensated for bj'' insurance, incurred by 
him on account of injuries received by his minor daughter, 
Nancy Ann Flaherty, on school property of said city. 

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

Approved June 6, 1955. 

An Act to include the town of Randolph within the ChavAlQ 

SOUTH metropolitan SEWERAGE DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The territory comprising the town of Ran- 
dolph is hereby added to the south 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 south metropolitan sewerage sj^'s- 
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 Randolph in common with such other munici- 
pahties. 

Section 2. The metropolitan district commission, in this 
act called the commission, shall provide an outlet for the 
sewage from the town of Randolph, and may construct a 
main trunk sewer or sewers in such manner and in such loca- 
tions as said commission shall determine. No work shall be 
done under the authority of this section until the location 
and plans have been approved by the state department of 
public health. 

Section 3. In providing for such outlet and in receiving 
sewage from the town of Randolph, and in any action relat- 
ing thereto, and for the purpose of taking, constructing and 
maintaining such additional main lines of sewers, the com- 
mission, acting on behalf of the commonwealth, shall have 
and exercise all the authority conferred upon it by said chap- 
ter 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 pro- 
vided herein. 

Section 4. No part of its sewage disposal system which 
may be required for the use of the commonwealth as a part 
of the south metropolitan sewerage district shall be here- 
after constructed by the town of Randolph until the plans 



278 Acts, 1955. — Chap. 410. 

therefor shall have been approved by the commission and 
the state department of public health. 

Section 5. To meet the expenditures necessary in carry- 
ing 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, five hundred thousand 
dollars, in addition to the amount of such bonds heretofore 
authorized for the construction of the south metropolitan 
sewerage system. Such bonds shall be designated on the 
face: — Metropolitan District Sewerage Loan, Act of 1955, 
shall be on the serial payment plan, and shall be issued for 
such maximum term of j^ears not exceeding thirty years from 
the date of issue as may be recommended by the governor 
in accordance with section three 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 6. The interest and serial bond requirements on 
account of the moneys expended in constructing that part of 
the south metropolitan 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 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 said chapter ninety-two, rela- 
tive to such system, except as is hereinafter provided. 

Section 7. The town of Randolph shall, in addition to 
the yearly payment of the assessment provided for in sec- 
tion six, pay into the treasury of the commonwealth for the 
Metropolitan Sewerage Loan — South System, Serial Bond 
Redemption account, to be used for reduction of current as- 
sessments, such proportion of the total amount of the sink- 
ing fund for the district, as existing on the first day of April 
in the year of its admission to the south metropolitan sewer- 
age 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 apportion- 
ment 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 payment 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 on each 



Acts, 1955. — Chaps. 411, 412. 279 

of ten years next succeeding. No assessments under the pro- 
visions of section six and under this section 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 8. This act shall take full effect upon its accept- 
ance by a majority of the voters of the town of Randolph 
present and voting thereon at a meeting legally called for 
the purpose; provided, however, that for the purposes of 
section seven of this act admission to the south metropolitan 
sewerage district shall be construed to mean the date of cer- 
tification by the commission that an outlet is available to 
receive sewage from said town. 

Section 9. Anj^ action taken by a town meeting pursuant 
to authority granted by this act shall be as valid and effec- 
tive as though this act was in full force and effect at the 
time of the posting of the warrant for said meeting. 

Section 10. This act shall take effect upon its passage. 

Approved June 6, 1955. 

An Act to include industrial land under the pro- (Jfm'p 4^]^ 
visions of the subdivision control law. 

Be it enacted, etc., as follows: 

Section 1. Section 81R of chapter 41 of the General Y.dY^i'^'' 
Laws, as amended by section 7 of chapter 674 of the acts of § s\k, etc., 
1953, is hereby further amended by striking out the second ^""^"^ '^ 
paragraph. 

Section 2. Section 81L of said chapter 41, as so appear- g. l. (Ter. 
ing, is hereby amended by striking out the paragraph f sir.^etc, 
defining "Industrial". Approved June 6, 1955. amended. 

An Act establishing the jurisdiction of the municipal ChapA12 
court of the city op boston in connection with 
appeals from decisions of the board of appeal on 

MOTOR vehicle LIABILITY POLICIES AND BONDS. 

Be it enacted, etc., as follow s: 

Section 1. Section 113D of chapter 175 of the General Ed^'iTsT' 
Laws, as most recently amended by section 1 of chapter 648 § hsd. etc. 
of the acts of 1951, is hereby further amended by adding at "™''""' 
the end the following paragraph : — 

The municipal court of the city of Boston, and the justices Appeals from 
thereof, shall have original jurisdiction, concurrently with boarTof ° 
the superior court, and the justices thereof, of all proceedings gi"'erior°court 
under this section relating to appeals from decisions of the Smd Ro.ston 
board of appeal on motor vehicle liability policies and bonds, ^urt'*'"' 
and for such purpose the municipal court of the city of Boston 
shall have the same power and authority as the superior 
court; provided, however, that in case of any appeal by the 
insurance company from the finding or order of the board to 



280 Acts, 1955. — Chaps. 413, 414, 415. 

the municipal court of the city of Boston, said appeal may, if 
the complainant does not reside in Suffolk county, upon 
motion of the complainant, be transferred to and heard by 
the superior court in the county in which the complainant 
resides. 

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

Approved June 6, 1955. 

ChapAlS An Act relative to the designation of a voluntary 

ADMINISTRATOR AS THE LEGAL REPRESENTATIVE OP THE 
ESTATE OF A DECEDENT IN CONNECTION WITH INFORMAL 
TRANSFER OF TITLE OR INTEREST IN A MOTOR VEHICLE. 

Be it enacted, etc., as follows: 
G^L. (Ter SECTION 1. Scctiou 16 of chapter 195 of the General 

etc.'.'amended. ' Laws, iuscrtcd by scctiou 1 of chapter 562 of the acts of 

1954, is hereby amended by adding at the end the following 

paragraph : — 
Voluntary YoT the purposc of paragraph (6) of section one hundred 

a minis ra or. ^^^ thirteen A of chapter one hundred and seventy-five and 

section two of chapter ninety, a voluntary administrator shall 

be deemed to be the legal representative of the estate of the 

decedent until an executor or administrator is appointed. 
Section 2. This act shall take effect on September first, 

nineteen hundred and fifty-five. 

Approved June 6, 1955. 

ChavAlA An Act authorizing the city of quincy to purchase 

LAND FOR CEMETERY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Quincy is hereby authorized to 
purchase land for cemetery purposes, within or outside of 
the territorial limits of said city, such purchase being neces- 
sary by reason of the inability of said city to acquire within 
the limits thereof land suitable for cemetery purposes; pro- 
vided, that no land shall be purchased in any town without 
the approval of the selectmen of such town or in any city 
without the approval of the city council subject to the pro- 
visions of its charter. 

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

Approved June 6, 1955. 

ChapAld An Act authorizing the commissioner of labor and 

INDUSTRIES TO ADOPT RULES AND REGULATIONS RELATIVE 
TO THE WEIGHING, SORTING AND CULLING OF FISH. 

Be it enacted, etc., as follows: 
G. L. (Ter. Scction 86 of chapter 94 of the General Laws, as appearing 

amended.^ ^®' in the Tercentenary Edition, is hereby amended by adding 



Acts, 1955. — Chap. 416. 281 

at the end the following two sentences : — The commissioner Regulations, 
of labor and industries may adopt, amend or repeal, and shall 
enforce, all such reasonable rules and regulations, and orders 
thereunder, as may be necessary or suitable in relation to 
the weighing, sorting and culling of fish when landed from 
a vessel or boat. AA'hoever violates said rules or regulations Penalty for 
or orders thereunder shall be punished by a fine of not less ^''"'"^'°'' °^- 
than fifty nor more than one hundred dollars. 

Approved June 6, 1955. 

An Act re-establishing and defining a portion of (JJku) 4.IQ 

THE BOUNDARY LINE BETWEEN THE TOWNS OF OAK BLUFFS 
AND TISBURY. 

Be it enacted, etc., as follows: 

Section 1. A portion of the boundary line between the 
towns of Oak Bluffs and Tisbury is changed and established 
as follows: — Beginning at an unmarked point in Lagoon 
Pond on the present boundary line between said towns in 
latitude forty-one degrees twenty-six minutes forty-six and 
twent3^-three hundredths seconds north (41° 26' 46.23" N) 
and longitude seventy degrees thirty-five minutes twenty- 
seven and five hundredths seconds west (70° 35' 27.05" W), 
which point is the same as Oak BIuffs-Tisbury IB described 
in chapter one hundred and forty-five of the acts of nineteen 
hundred and thirty-five; thence north twenty-two degrees 
nine minutes thirty-one seconds east (N 22° 09' 31" E) a dis- 
tance of three thousand six hundred fifty-six (3,656) feet to 
Oak BIuffs-Tisbury lA, an unmarked point in Lagoon Pond 
in latitude forty-one degrees twentj^-seven minutes nineteen 
and sixty-eight hundredths seconds north (41° 27' 19.68" N) 
and longitude seventy degrees thirty-five minutes eight and 
ninety-four hundredths seconds west (70° 35' 08.94" W); 
thence north fifteen degrees nineteen minutes fourteen 
seconds west (N 15° 19' 14" W) a distance of one thousand 
two hundred eight (1,208) feet to Oak BIuffs-Tisbury 1, an 
unmarked point on the state highway base line as established 
by the ^Massachusetts department of public works and 
shown on the layout plan, dated October 26, 1954, of said 
department as station zero plus zero (0-f-OO) in Oak Bluffs 
and station zero plus zero (O-j-OO) in Tisbury in latitude forty- 
one degrees twenty-seven minutes thirty-one and nineteen 
hundredths seconds north (41° 27' 31.19" N) and longitude 
seventy degrees thirtv-five minutes thirteen and thirteen 
hundredths seconds west (70° 35' 13.13" W) and bearing 
north thirty-four degrees three minutes two seconds east 
(N 34° 03' 02" E) a distance of two hundred and fifty-two 
(252) feet from a witness monument on the west side of the 
channel, said witness monument being the same as the 
witness mark described in chapter one hundred and forty- 
five of the acts of nineteen hundred and thirty-five; thence 
north thirty-nine degrees thirty minutes west (N 39° 30' W) 
to a point in the present tide-water boundary line midway 



282 Acts, 1955. — Chaps. 417, 418. 

between the shores of Vineyard Haven Harbor as defined by 
the harbor and land commissioners under authority of chapter 
one hundred and ninety-six of the acts of eighteen hundred 
and eighty-one. All of the foregoing positions and bearings 
refer to the North American Datum established prior to 
nineteen hundred and twenty-seven. 

Section 2. The department of public works is hereby 
directed to file in the office of the state secretary and in the 
registry of deeds for Dukes county a plan showing the bound- 
ary line hereby established. Approved June 7, 1955. 

Chap. 4:17 An Act relative to assessment of points under the 

HIGHWAY safety ACT AND MERIT RATING SYSTEM. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter 90A of the General Laws is hereby amended by 

new'§ 7A,' inserting after section 7 the following section: — Section 7 A. 
added. Notwithstanding any contrary provision of law, no points 

of^poTnts.^ shall be assessed against the operating record of the owner 
of a motor vehicle as a result of any violation unless the 
owner is the operator thereof, except where : — 

(a) The owner permits an intoxicated person to operate 
his motor vehicle. 

(b) The owner permits an improper person to operate his 
motor vehicle. 

(c) The owner permits operation of his motor vehicle by a 
person without a license or after the revocation or suspension 
of said person's license to operate. 

(d) The owner permits operation by an operator in viola- 
tion of restrictions on the hcense of said operator. 

(e) The motor vehicle is being operated without an in- 
spection sticker. 

(/) The motor vehicle is being operated with improper 
equipment. 

(g) The owner knowingly permits use of his motor vehicle 
in the commission of a crime. Approved June 7, 1955. 



Chap. 418 -^N Act relative to fees and charges of registers of 

PROBATE AND INSOLVENCY. 

Emergency Wherctts, The deferred operation of this act would tend to 

preamble. defeat its purpose, which is to increase forthwith certain fees 

and charges of registers of probate and insolvency, 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 262 of the General Laws is hereby 

^tt! 'amended!*' amended by striking out section 40, as most recently amended 

by section 6 of chapter 562 of the acts of 1954, and inserting 
Fees. in place thereof the following section: — Section 40. The 

fees of registers of probate and insolvency, payable in ad- 



Acts, 1955. — Chap. 418. 283 

vance by the petitioner, libellant or accountant, shall be as 
follows : 

For the entry of a libel for divorce or for affirming or 
annulling marriage, ten dollars. 

For the entry of a petition for the probate of a will, for 
administration on the estate of a person deceased intestate; 
of a petition for administration of goods not already ad- 
ministered, -with the will annexed or otherwise, of a petition 
under section thirty-five or thirty-six of chapter two hundred 
and nine by a husband or wife for authority to convey land 
as if sole, of a petition for partition, of a petition for change 
of name, of a petition for leave to carry on the business of the 
deceased, and for filing a representation of insolvency and for 
the entry of a petition for the appointment of a special ad- 
ministrator, conservator, trustee, receiver of the estate of an 
absentee, or of a guardian except when the petitioner certifies 
that the ward's estate does not exceed one hundred dollars, 
five dollars; for the entry of a petition for the sale of real or 
personal estate, including sales of estate subject to vested or 
contingent remainder and petitions for sale of real estate or 
removal of personal estate by foreign fiduciaries, of a petition 
for determination of value, of a petition for leave to lease 
real estate, of a petition for specific performance, of a petition 
for leave to mortgage real estate, of a petition in equity 
except such as relates to separate support, adoption, or the 
custody or support of minors, of a petition for release of 
dower or curtesy, of a petition for letters to foreign guardian, 
of a petition for leave to compromise, and of a petition for 
leave to pay debts, except when the petitioner or accountant 
certifies that the estate does not exceed one thousand-dollars 
in value, five dollars; for the entry of a general petition 
except such as relates to separate support, adoption, or 
custody or support of minors, two dollars; for the entry of 
petitions for the removal of a fiduciary, for amendment of 
record except such as relates to separate support, adoption, 
or the custody or support of minors, for discharge of surety, 
for new bond, for care of burial lot, for erection of a monu- 
ment and for new inventory, two dollars each. 

For each certificate issued by the register, one dollar. 

For copies of records or other papers in the charge of the 
register at the rate of fifty cents a page except as otherwise 
provided by law; and for the comparison and attestation of 
such copies as are not prepared by the register, fifty cents for 
each page, plus an attestation fee of fifty cents for each copy. 

For filing statement of voluntary administration, five 
dollars. 

For issuance of an attested copy of a statement of volun- 
tary administration, two dollars. 

For a petition or application for allowance of any account, 
five dollars; such fee to be charged for each year or major 
fraction thereof covered by such account. 

For filing a motion for the framing of jury issues, ten 
dollars. 



284 Acts, 1955. — Chap. 419. 

For filing a will for safekeeping, five dollars; provided, 
that no additional fee shall be charged for filing a will in 
substitution for a will previously filed and withdrawn. 

For application for waiver of the five-day waiting period 
for issuance of marriage licenses and for leave for a minor 
to marry, one dollar. 

For filing a bond, one dollar. 
Ed^'215%51 Section 2. Section fifty-one of chapter two hundred and 
repealed. ' ' fifteen of the General Laws, as appearing in the Tercentenary 
Edition, is hereby repealed. 

Section 3. This act shall take effect on July first, nine- 
teen hundred and fifty-five. Approved June 10, 1955. 

C/iap. 419 An Act authorizing and directing the transfer from 

THE METROPOLITAN DISTRICT COMMISSION TO THE CITY OF 
NEWTON OF UNUSED PARTS OF THE COCHITUATE AQUEDUCT 
IN SAID CITY, AND TO EMPOWER SAID CITY TO TAKE LAND 
IN ORDER TO FACILITATE THE UTILIZATION OF ANY SUCH 
PART OF SAID AQUEDUCT FOR SEWAGE DISPOSAL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan district commission may 
and is hereby directed to convey to the city of Newton for 
seventy thousand dollars and the costs involved in convey- 
ing all the right, title and interest of whatever nature, kind 
or description which the said commission may have in or 
pertaining to all presently unused parts of the so-called 
Cochituate aqueduct situated within said city and in or to 
any land and interest in land likewise situated and relating 
to any such unused part, or at any time acquired for use in 
connection therewith, provided, that the commission shall 
reserve a right of way extending from the intersection of 
Grant avenue and Commonwealth avenue to Lake street 
for the purpose of maintaining and operating the sixty-inch 
Weston Aqueduct supply mains laid parallel to the said aque- 
duct and for a tunnel located approximately twenty feet 
above the aqueduct. The deed conveying said premises 
shall contain provisions saving the commission harmless 
from all damages which said city may sustain due to the 
maintenance and operation of said water main and from any 
litigation involving the use of any easements hereby con- 
veyed. 

Section 2. The mayor and board of aldermen of and act- 
ing for the city of Newton may utilize any part of the so- 
called Cochituate aqueduct or land or interest in land at any 
time acquired under section one of this act in any manner 
which may be necessary or desirable, whether as an integral 
part or as an adjunct of its sewage disposal S3^stem and facili- 
ties, for purposes of supplementing or otherwise facilitating 
the functioning of said system and facilities, and may from 
time to time take by eminent domain pursuant and subject 
to the provisions of chapter seventy-nine of the General Laws, 
or acquire by purchase or otherwise, any lands, water rights, 



Acts, 1955. — Chaps. 420, 421. 285 

or rights of way or easements, or other interest in land of 
whatever nature, kind or description, situated in said city 
which may be necessary or desirable to enable or in any way 
facilitate any such utihzation of any part of said aqueduct or 
land pertaining thereto. 
Section 3. This act shall take effect upon its passage. 

Approved June IS, 1955. 



An Act validating the establishment and organization Qfidj) 420 

OF AND THE AUTHORIZATION OF BONDS BY THE ACTON-BOX- 
BOROUGH REGIONAL SCHOOL DISTRICT. 

Be it enacted, etc., as follows: 

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

Section 2. All acts and proceedings of said district and 
of the officers thereof heretofore done or taken are hereby 
validated. Without limiting the generality of the foregoing, 
the vote of the regional district school committee passed April 
twenty-fifth, nineteen hundred and fifty-five, authorizing the 
issue of bonds of the district to the amount of one million 
three hundred thousand dollars is hereby validated, and said 
bonds may be issued accordingly without further opportunity 
to the member towns to express disapproval of the amount 
thereof. 

Section 3. Said district is authorized to acquire from the 
town of Acton, and said town is authorized to convey to said 
district, certain land described in the agreement pursuant to 
wliich the said district was established, payment to be made 
by the district to the town in cash at the time title to the 
property is transferred. The cost of said land shall be as- 
sessed upon the member towns of the district in the manner 
provided in said agreement for the apportionment and pay- 
ment of construction costs incurred by the district. 

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

Approved June 13, 1955. 



As Act relative to the excise imposed on the manu- Chap. ^21 

FACTURING AND SELLING, OR IMPORTING AND SELLING OF 
ALCOHOLIC BEVERAGES. 

Be it enacted, etc., as follows: 

Section 1. Section 21 of chapter 138 of the General £;/)" iJl^ 21 
Laws, as most recently amended by chapter 402 of the acts etc!, 'amended. ' 
of 1954, is hereby further amended by striking out, in line 55, 



286 Acts, 1955. — Chaps. 422, 423, 424. 

Excise on the word "ten" and inserting in place thereof the word: — 

alcoholic , , o I- 

beverages. twenty. 

Section 2. Said section 21 of said chapter 138 is hereby 
further amended by adding at the end thereof the following 
fuWect sentence: — All alcoholic beverages taxes and excises paid 

in pursuance of any provisions of the general or special laws 
shall conclusively be presumed to be direct taxes on the re- 
tail consumer, precollected for the purpose of convenience 
and facihty only. Approved June IS, 1965. 

Chap. 4:22 An Act increasing the salaries of medical examiners 

IN SUFFOLK COUNTY. 

Be it enacted, etc., as follows: 

Ed^.'sJ^i's, Section 5 of chapter 38 of the General Laws is hereby 
etc., 'amended, amended by striking out the first sentence, as amended by 
chapter 579 of the acts of 1947 and inserting in place thereof 
medicfi °^ ^^^ following Sentence : — In Suffolk county each medical 
examiners in examiuer shall receive from the county a salary of eleven 
in'iireased"^"*^' thousaud dollars, and each associate medical examiner a 
salary of thirty-five hundred dollars; but if either associate 
serves in any year more than two months, he shall for such 
additional service be paid at the same rate, and the amount 
so paid shall be deducted from the salary of the medical ex- 
aminer at whose request he so serves. 

Approved June 13, 1955. 

Chap. 4:23 An Act providing for the control of insect life on 

MUSQUASHIAT POND IN THE TOWN OF SCITUATE. 

Be it enacted, etc., as follows: 

The state reclamation board is hereby directed to an- 
nually advise the board of selectmen of the town of Scituate 
as to the approximate cost of controlling insect life in and 
about Musquashiat pond in the said town. The town of 
Scituate is hereby authorized to annually appropriate money 
for such control and the funds herein referred to shall be 
forwarded to the state treasurer and shall be expended under 
warrants drawn by the state reclamation board in a man- 
ner to afford the greatest measure of relief. 

Approved June 13, 1955. 

Chap. 4:24 An Act authorizing and directing the department of 

PUBLIC health to ESTABLISH AN ALCOHOLIC CLINIC IN 
THE CITY OF LAWRENCE. 

Be it enacted, etc., as follows: 

The department of public health is hereby authorized 
and directed to establish and maintain an alcoholic clinic, 
as defined in section four A of chapter one hundred and 
eleven of the General Laws, in the city of Lawrence. The 
department may expend for such purposes such sum as may 
be appropriated therefor. Approved June 13, 1956. 



Acts, 1955. — Chaps. 425, 426, 427, 428. 287 



An Act providing that the bridge to be constructed Chap .425 

OVER the MALDEN RIVER ON THE REVERE BEACH PARKWAY 
IN THE CITIES OF MEDFORD AND EVERETT BE DESIGNATED 
UPON ITS COMPLETION AS THE EDWARD MELVIN WOODS 
BRIDGE. 

Be it enacted, etc., as follows: 

The bridge to be constructed over the Maiden river on the 
Revere Beach Parkway in the cities of Medford and Everett 
shall, upon completion, be known and designated as the 
Edward Melvin Woods Bridge, in memory and in honor of 
Edward Melvin Woods, a former superintendent of the 
metropolitan district police force. The metropolitan district 
commission is hereby authorized and directed to erect and 
maintain on said bridge a suitable plaque bearing said 
designation. Approved June 13, 1955. 

An Act relative to working conditions in railroad Chap.42Q 

FREIGHT HOUSES AND RAILWAY EXPRESS TERMINALS. 

Be it enacted, etc., as follows: 

Section 113 of chapter 149 of the General Laws, as amended fd )'i49'^' 
by chapter 255 of the acts of 1934, is hereby further amended § lis, etc., 
by inserting after the word "estabhshment", in line 2, the ""'^'^ "^ ' 
words : — , railroad freight house and railway express Factories, etc., 
terminal. Approved June 13, 1955. lighted.'^etc.' ^ 

An Act abolishing the Worcester county training ChapA27 

SCHOOL. 

Be it enacted, etc., as follows: 

The county commissioners of the county of Worcester, 
having the management and control of the Worcester 
county training school shall, on or before the first day of 
September in the current year, close said school, and the 
land, buildings and equipment used by said school shall 
revert to the county and may be sold or leased or used for 
county purposes by such county. 

Approved June 13, 1955. 

An Act authorizing and directing the department of Chap. 42^ 

PUBLIC HEALTH TO ESTABLISH AN ALCOHOLIC CLINIC IN 
THE CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

The department of public health is hereby authorized and 
directed to establish and maintain an alcoholic cUnic, as de- 
fined in section four A of chapter one hundred and eleven 
of the General Laws, in the city of Springfield. The de- 
partment may expend for such purposes such sum as may 
be appropriated therefor. Approved June 13, 1955. 



288 



Acts, 1955. — Chaps. 429, 430. 



G. L. (Ter. 
Ed.), 112, 
§ 24A. etc., 
amended. 



Renewal. 



Chap. 429 An Act relative to the renewal fee for applicants for 

REGISTRATION AS PHARMACISTS. 

Be it enacted, etc., as follows: 

Chapter 112 of the General Laws is hereby amended by 
striking out section 24A, inserted by section 3 of chapter 502 
of the acts of 1945, and inserting in place thereof the fol- 
lowing section: — Section 24A. The board shall keep an 
official record of the names of all registered pharmacists and 
registered assistant pharmacists. All registrations of regis- 
tered pharmacists and registered assistant pharmacists shall 
expire on December thirty-first of each year. Any holder of 
a certificate of registration as a pharmacist or assistant 
pharmacist issued under section twenty-four and remain- 
ing uncancelled shall be entitled to have such certificate an- 
nually renewed by registration by the board, upon the pay- 
ment of an annual renewal fee of two dollars. On the first 
day of November of each year the board shall send written 
notice to this effect to every registered pharmacist and every 
registered assistant pharmacist and shall enclose with each 
notice a proper blank for such registration. If said blank 
properly filled out, together with said fee of two dollars, shall 
not on or before the thirty-first day of December of such 
year be received by said board from any pharmacist or as- 
sistant pharmacist so notified, said board shall strike from 
the register the name of such pharmacist or assistant phar- 
macist; provided, that at any time thereafter, any pharma- 
cist or assistant pharmacist whose name shall have been so 
removed from the register may, upon submission to the 
board of proof satisfactory to it of his moral and physical 
fitness, have his name restored by it, upon the payment to 
it of all accrued annual renewal fees, together with a re- 
instatement fee of five dollars. Approved June IS, 1955. 



Chap. 430 An Act regulating the solicitation of employees 

DURING LABOR DISPUTES. 

Be it enacted, etc., as follows: 
g. l. (Ter. Sectiou 22 of chapter 149 of the General Laws, as amended 

Ed.), 149, § 22, ,__ ^ - - 

etc., amended. 



Ed.), 149, § 22, ^^^ section 1 of chapter 166 of the acts of 1951, is hereby fur- 
ther amended by striking out, in line 7, the words: — "the 
Advertising for body of", — SO as to read as follows: — Section 22. If an 
d™mg^strike, employer, during the continuance of a strike, lockout or 
etc., regulated, other labor trouble among his employees, publicly adver- 
tises in newspapers or by posters or otherwise for employees, 
or by himself or his agents sohcits persons to work for him to 
fill the places of strikers, he shall plainly in type as prom- 
inent as the largest printed matter in the advertisement or 
poster and explicitly mention in such advertisements or oral 
or written soHcitations that a strike, lockout or other labor 
trouble exists among his employees. 

Approved June 13, 1955. 



Acts, 1955. — Chaps. 431, 432. 



289 



An Act designating the area at the corner of mystic ChapASl 

VALLEY PARKWAY AND WINTHROP STREET IN THE CITY OF 
MEDFORD AS VETERANS MEMORIAL PARK. 

Be it enacted, etc., as follows: 

The new little league park to be constructed upon land 
of the metropolitan district commission at the corner of 
Mystic Valley Parkway and Winthrop street in the city of 
Medford shall upon its completion be known and designated 
as "Veterans Memorial Park", and the said commission is 
hereby authorized and directed to place thereat in a con- 
spicuous place a tablet or plaque bearing said designation. 

Approved June 13, 1955. 



An Act revising the laws relative to savings banks. ChavAZ2 
Be it enacted, etc., as follows: 

Section 1. The General Laws are hereby amended by o. l. (Ter. 
striking out chapter 168 and inserting in place ^hereof the ^tli'amfAded, 
following chapter : — 



Chapter 168. 
Savings Banks. 



Sect. 

general provisions. 

1. Definitions. 

2. Corporate powers. 

3. Application and acceptance of 

chapter. 

LOCATION. 

4. Main office. 

5. Branches and depots. 

6. Other locations; collections. 

7. Places of meetings. 

MANAGEMENT. 

8. Corporators. 

9. Meetings of corporators. 

10. Trustees. 

11. Meetings of trustees. 

12. Board of investment. 

13. Officers. 

14. Elections. 

15. Notification and publication of 

list rif officers, etc. 

16. C'>mmittee9. 

17. Amendments to by-laws. 

18. Bonding of officers and em- 

ployees. 

19. Loans to officers and em- 

{(loyees. 
20 Certain commissions, etc., reg- 
ulated. 

DEPOSITS. 

21. Certain deposits regulated. 

22. Joint accounts. 

23. Payroll deduction deposits. 

24. School savings deposits. 

25. Special trust fund deposits. 

26. Withdrawal of deposits. 

27. Payments on death. 

28. Payments to minors. 



Sect. 

29. Set-off of deposits. 

30. Interpleader. 

31. Unclaimed court deposits. 

32. Reduction of deposits. 

33. Investment of deposits. 

LOANS AND INVESTMENTS. 

Part I. Real Estate Mortgage Loans. 

34. General requirements. 

35. Classes of mortage loans. 

36. Other mortgage provisions. 

Part II. Other Loans. 

37. Personal loans. 

38. Collateral loans. 

39. Corporation notes. 

40. Loans to depositors. 

41. Certain provisions applicable 

to other loans. 

Part III. Bonds and Other 
Securities. 

42. Federal, state and interna- 

tional obligations. 

43. Municipal obligations. 

44. Railroad obligations. 

45. Telephone company obliga- 

tions. 

46. Public service company obli- 

gations. 

47. Bank stocks. 

48. Fire insurance company stocks. 

49. Miscellaneous securities. 
Additional investments author- 
ized. 

Legal list. 

Validation of certain securi- 
ties, etc. 



50. 



51. 
52. 



290 



Acts, 1955. — Chap. 432. 



Sect. 

Part IV. Real Estate Investments. 

53. Banking premises. 

54. Foreclosed real estate. 

Part V. Bank Deposits and Checks. 

55. Deposits in banks. 

56. Sale of checks, etc. 



DISTRIBUTION OF EARNINGS. 

57 Surplus and reserve accounts. 

58. Guaranty fund. 

59. Authorization of dividends. 

60. Ordinary dividends. 

61. Extra dividends. 

62. Dividend notice on excess de- 

posits. 



SUPERVISION. 

63. Examination and audit. 

64. Verification of deposits. 

65. Annual report to commissioner. 



ADDITIONAL POWERS. 

66. Borrowing. 

67. Membership in Federal Home 

Loan Bank. 



Sect. 

68. Other memberships; subscrip- 

tions; donations. 

69. Safe deposit vaults. 

70. Safekeeping of United States 

bonds 



LIQUIDATION AND MERGER. 

71. Liquidation. 

72. Merger and consolidation. 

73. Purchase of assets; assumption 

of liabilities. 



EMPLOYEES RETIREMENT 
ASSOCIATION. 

74. Memberships; contributions; 

pensions; annuities. 

75. By-laws; annual report; laws 

not applicable. 

76. Assignments; exemption from 

taxation. 



INCORPORATION OF SAVINGS 
BANKS. 

77. Agreement of association. 

78. Notice and hearing. 

79. First meeting. 

80. Articles and certificate of in- 

corporation. 



GENERAL PROVISIONS. 

Definitions. 

Section 1. The following words as used in this chapter, 
unless the context otherwise requires, shall have the follow- 
ing meanings : — 

"Annual Meeting", the meeting of corporators required 
by section nine to be held annually. 

"Commissioner", the commissioner of banks. 

"Corporator", an original incorporator, or a person elected 
as a corporator as provided by section eight. 

"Deposit book", the book issued to the depositor as evi- 
dence of his deposit. 

"Dividends" or "interest", payments to depositors from 
earnings or profits as provided by sections sixty and sixty- 
one. 

"Savings bank", a savings bank, institution for savings or 
savings institution incorporated as such in this common- 
wealth. 

"Such corporation" or "such bank", a savings bank, in- 
stitution for savings and a savings institution incorporated 
as such in this commonwealth. 



Corporate Powers. 

Section 2. A savings bank shall have all the powers and 
privileges specified in this chapter and may exercise such 



Acts, 1955. — Chap. 432. 291 

implied powers as shall be necessary to give effect to the 
powers expressly conferred. 

Application and Acceptance of Chapter. 

Section 3. Any such corporation organized prior to Jan- 
uary first, nineteen hundred and fifty-five, shall be subject 
to this chapter so far as is consistent with the provisions of 
its charter; and may, by vote of its corporators at its annual 
meeting or at a meeting called for the purpose, accept any 
provision of this chapter which is inconsistent with its char- 
ter. Any such corporation organized after January first, 
nineteen hundred and fifty-five, shall be subject to this chap- 
ter. 

LOCATION. 

Main Office. 

Section 4- The main office of such corporation shall be in 
the town specified in its charter or in its agreement of associa- 
tion, or in such other town to which such office may have been 
lawfully moved or may be moved as provided in this section. 
The location of the main office of any such corporation may 
be changed to any point in the town of its location with the 
written consent of the commissioner. With the approval of 
the board of trustees and upon the vote of two-thirds of the 
corporators present at a meeting called for the purpose, such 
corporation may, with the approval of the board of bank in- 
corporation, change the location of its main office to another 
town within the commonwealth by appropriate amendment 
of its charter or of its agreement of association, a copy of 
which amendment shall be filed forthwith with the state 
secretary. 

Branches and Depots. 

Section 5. After such notice and hearing as the com- 
missioner may require and with his written permission and 
under such conditions as he may approve, such corporation 
may establish and maintain one or more branch offices or 
depots (a) in the town wherein its main office is located, or 
(6) in other towns not more than fifteen miles distant from 
such town; provided, that no branch office or depot shall be 
established in such other town if the main office or a branch 
office of any savings bank is located therein. 

The offices and depots of any savings bank consolidated 
or merged under section seventy-two or all or substantially 
all of the assets and liabilities of which have been acquired 
and assumed by another savings bank under section seventy- 
three, may be maintained as branch offices or depots, respec- 
tively, of such other savings bank, with the written per- 
mission of and under such conditions, if any, as may be 
approved by the commissioner; provided, that no such office 
or depot shall be so maintained if the town in which it is 



292 Acts, 1955. — Chap. 432. 

situated is more than fifteen miles distant from the town 
wherein the main office of such other savings bank is located. 

With the written consent of the commissioner a branch 
office or depot may be closed, or its location may be changed 
subject to the requirements and restrictions contained in the 
first paragraph of this section. 

The restrictions hereinbefore contained in this section shall 
not apply to branch offices and depots established on or 
before November first, nineteen hundred and fifty-five. 

Any of the usual business transacted by such corporation 
at its main office may be transacted at a branch office. 
The business at a depot shall be transacted only on such days 
as may be designated by the board of investment and shall 
be limited to the receipt of deposits and the collection of 
moneys due or payable to the corporation, and such business 
shall be subject to such other conditions, if any, as may be 
prescribed by the commissioner. 



Other Locations; Collections. 

Section 6. No such corporation and no person in its 
behalf shall, except as provided in sections twenty-three and 
twenty-four, receive a deposit other than at the main office 
or at a branch office or depot, or pay a deposit other than at 
the main office or at a branch office. 

Collections of sums due or payable to such corporation 
upon mortgage loans or other indebtedness may be made for 
its account, by trust companies or national banking asso- 
ciations or by duly authorized officers, employees or at- 
torneys of such corporation. Collections of such sums by 
agents of such corporation other than the foregoing, shall be 
subject to such conditions, if any, as may be prescribed by 
the commissioner, except that mortgage servicing con- 
tractors shall be subject to the provisions of paragraph 5 of 
section thirty-six. Such corporation at its main office or at any 
branch office may, for the account of any utility company, 
collect payments on bills representing indebtedness thereto. 

No such corporation shall occupy the same office or suite 
of offices or any office directly connected by doors or other 
openings in partitions with the office or suite of offices used 
or occupied by a national banking association or any bank 
as defined in section one of chapter one hundred and sixty- 
seven or a federal savings and loan association ; but this pro- 
vision shall not be construed as preventing such corporation 
from occupying a portion of the same building with, or 
holding meetings referred to in section seven in the same 
office or suite of offices occupied by, any such bank or asso- 
ciation. The limitations contained in this paragraph shall 
not apply to any such corporation occupying the same 
office or suite of offices or any office so connected, with a 
co-operative bank, on November first, nineteen hundred and 
fifty-five, to the extent so occupied. 



Acts, 1955. — Chap. 432. 293 



Places of Meetings. 

Section 7. Meetings of the corporators and of the board 
of trustees of such corporation may be held in the town 
wherein the main office of the corporation is located, or in a 
town of the commonwealth contiguous to such town. Meet- 
ings of the board of investment of such corporation shall be 
held in the building wherein its main office is located; pro- 
vided that, with the approval of the conmiissioner and for 
such periods as he may designate in such approval, meet- 
ings of said board may be held at any other place in the 
town wherein such main office is located, or at any place in a 
town of the common w^ealth contiguous to such town. 



MANAGEMENT. 

Corporators. 

Section 8. Such corporation shall have at least twenty- 
five corporators and may, at a legal meeting of the cor- 
porators, elect by ballot to be a corporator, any person w^ho 
is a resident of the commonwealth, or any person who 
resides in a state contiguous thereto and within twenty-five 
miles of the main office of such corporation; provided, that 
not more than three corporators shall be non-residents of the 
commonwealth at any one time. After January first, nine- 
teen hundred and fifty-six, a corporator shall, at the time of 
his election or within thirty days thereafter, be a depositor of 
such corporation. 

A non-resident corporator shall not be efigible to be 
elected or to serve as a trustee or other officer of such cor- 
poration. No person shall continue to be a corporator after 
removing from the conunonwealth unless, at the annual 
meeting following such removal, the corporators shall vote 
to continue such person as a corporator subject to the limita- 
tions of this section apphcable to non-resident corporators. 

Any person may, at an annual or special meeting of the 
corporators, cease to be a corporator if, at least three days 
before such meeting, he has filed with the clerk a written 
notice of his intention so to do. If a corporator fails to attend 
two consecutive annual meetings, his membership may, by 
vote of the corporators at their next annual meeting, be de- 
clared forfeited; and such action and vote when recorded 
shall be evidence of such forfeiture. Not more than three- 
fifths of the corporators of any such corporation shall be 
trustees or officers thereof at any one time. 

Meetings of Corporators. 

Section 9. The annual meeting of the corporators of such 
corporation shall be held at such time as the by-laws direct. 
Special meetings may be held by order of the trustees or upon 
written request of ten corporators addressed to the clerk who 



294 Acts, 1955. — Chap. 432. 

shall give notice of special meetings upon such order or re- 
quest. In the absence or inability of the clerk to serve, the 
president or a vice president may give the notice or notices 
required by this section. At least seven days before the date 
of such meeting, notice of the meeting shall be given by mail- 
ing to each corporator a written or printed notice thereof and 
by advertisement in a newspaper pubUshed daily or weekly 
in the town wherein the main office of such corporation is 
situated, or if there be no such newspaper, then in a news- 
paper published in the county wherein the town is situated. 
The names of those present at meetings shall be entered in 
the records of the corporation. A quorum shall consist of 
not less than thirteen corporators or twenty-five per cent of 
the total number of corporators, whichever is the greater; 
provided, that not more than fifty corporators shall be neces- 
sary to constitute a quorum. 



Trustees. 

Section 10. Such corporation shall have a board of trus- 
tees, subject to the following provisions: — 

1. Number. — The board shall consist of not less than 
eleven trustees and such additional number, if any, as may 
be provided in the by-laws. 

2. Qualifications. — All trustees shall be citizens of the 
commonwealth and after January first, nineteen hundred and 
fifty-six, a trustee shall, at the time of his election or within 
thirty days thereafter, be a depositor of such corporation. 

3. Interlocking Restrictions. — No person shall be a trus- 
tee or other officer of two savings banks at the same time, 
except in the case of the purchase of assets and assumption 
of liabihties provided under section seventy-three. After 
January first, nineteen hundred and fifty-six, no trustee or 
other officer of a savings bank shall, at the same time, serve 
as a director or officer of a co-operative bank or of a federal 
savings and loan association; provided, that any person so 
serving on said date may continue so to do until January 
first, nineteen hundred and sixty-two. 

4. Election. — All trustees shall be elected by and from 
the corporators, except that any vacancy in the board arising 
between annual meetings from death, resignation or other- 
wise, may be filled by the trustees until the next annual meet- 
ing at which the corporators may elect a trustee for the 
balance, if any, of the unexpired term. The trustees shall be 
divided into three groups as nearly equal in number as pos- 
sible, and one of such groups shall be elected annually for a 
term of three years; provided, that during the minimum 
time necessary to accomplish the foregoing one of said groups 
may be elected for a term of one year and one for a term of 
two years. Upon the election as trustee of a person who has 
not been theretofore a trustee of such corporation, the clerk 
shall send forthwith to the commissioner the name and ad- 



Acts, 1955. — Chap. 432. 295 

dress of such person and the commissioner thereupon shall 
transmit to such person a copy of the laws relating to savings 
banks as most recently compiled under the direction of the 
commissioner. 

5. Termination of Office. — If a trustee fails to attend four 
consecutive regular quarterly meetings of the board of trus- 
tees, said board may declare his office to be vacant at its next 
regular quarterly meeting, and if a trustee fails to attend 
eight consecutive regular quarterly meetings of said board, it 
shall declare his office to be vacant at its next regular quar- 
terly meeting; but this provision shall not apply to a trustee 
while he is serving on active duty as a member of the armed 
forces of the United States. Any trustee whose office is de- 
clared to be vacant as provided in this paragraph shall not 
be re-elected as a trustee except upon vote of at least two- 
thirds of all the corporators of such corporation passed at a 
subsequent annual meeting. 

The by-laws may authorize the continuance, as honorary 
trustees, of not more than two persons who shall have served 
as trustee of such corporation for twenty years or more. Such 
honorary trustee may be elected for an indefinite term and 
shall not be included in determining the minimum number of 
trustees provided under paragraph 1, or the number of trus- 
tees to be elected annually as provided in paragraph 4, of this 
section. Such honorarj^ trustee shall not be deemed to be an 
officer or member of the board of trustees of such corporation, 
shall not receive compensation or be required to attend meet- 
ings or be authorized or required to perform any duties. 

The office of any trustee who takes the benefit of any law 
of bankruptcy or insolvency, or who on examination on sup- 
plementary process has been found unable to pay a judgment, 
shall thereby be vacated. 

The commissioner may recommend the removal of any 
trustee, officer or employee who in his opinion has abused 
his trust, or has been negligent in the performance of his 
duties, and upon such recommendation the trustees may re- 
move or discharge such trustee, officer or employee. The 
trustees shall act upon such recommendation within thirt}'' 
days after receiving the same and neither such trustees nor 
the commissioner shall be personally hable for any action 
taken by them in good faith in connection with any such 
recommendation or removal. 



Meetings of Trustees. 

Section 11. A regular meeting of the board of trustees of 
such corporation shall be held at least once in three months, 
for the purposes set forth in this section and for the transac- 
tion of other business. Special meetings may be called by 
the president, or shall be called by the clerk if requested in 
writing by at least three trustees. Notices of meetings shall 
be given in the manner and to the extent provided in the by- 



296 Acts, 1955. — Chap. 432. 

laws. A quorum shall consist of not less than seven trustees, 
but if there be less than a quorum then a majority of those 
present may adjourn the meeting until the next regular meet- 
ing or until another time or times prior thereto. At each 
regular meeting the following action shall be taken: — 

1. Statement of Condition. — The treasurer shall submit a 
statement of assets and liabilities of the corporation showing 
its condition as appears from its books, as of the close of the 
last business day of the preceding month or as of the close of 
a business day not more than ten days prior to the date of the 
meeting; and a copy of such statement shall be posted in a 
conspicuous place in its main office and in each branch office 
where it may be easily read by the public, and shall there re- 
main until the next regular meeting of said board. 

2. Report of Board of Investment. — The board of invest- 
ment shall submit a report consisting of a detailed written 
statement containing the following information : — (a) for 
the period since the last regular meeting of the trustees, lists 
showing all loans made by the corporation; all changes in 
security pledged for loans and in the rates of interest charged 
thereon; all purchases and sales of stocks, bonds and notes; 
all securities acquired; all payments of taxes and insurance 
made by the corporation for the accounts of mortgagors and 
not repaid ; all real estate acquired by foreclosure or of which 
possession shall have been taken; all contributions, donations 
and payments for memberships and services made pursuant 
to section sixty-eight, and the total of all commissions paid 
for making or acquiring real estate loans; and (h) as of the 
date of the statement of condition referred to in paragraph 1 
of this section, all real estate mortgage loans on which inter- 
est or required principal payments or both shall be more than 
six months overdue; all real estate mortgage loans concern- 
ing which taxes on the mortgaged property are unpaid for 
more than twelve months; all time loans, other than real 
estate mortgage loans, any payments upon which are more 
than ninety days overdue; and all bonds and other interest 
bearing obligations on which principal and interest are over- 
due and unpaid for more than thirty days. 

Said report shall be presented to the trustees present at the 
meeting or a copy thereof shall be furnished to each such trus- 
tee. A summary of said report containing a recapitulation of 
the several items, and such other portion of the contents 
thereof as may be determined at the meeting, shall be read 
or presented to the trustees present thereat. 

3. Re-port of Payments. — The treasurer shall report at each 
regular meeting in detail all amounts paid by the corporation 
since the last regular meeting for services, fees or otherwise, 
to any member of the board of trustees or to any attorney of 
the corporation and all increases in salaries of officers granted 
since the last regular meeting; and shall report annually, at 
the first regular meeting of the trustees following the annual 
meeting, the salaries, including bonuses if any, of all officers. 

4. Records. — A record shall be made by the clerk at each 



Acts, 1955. — Chap. 432. 297 

meeting of the transactions of the trustees and of the names 
of those present; and a copy of the aforesaid report of the 
board of investment shall be tiled and preserved with the rec- 
ords of the corporation. 



Board of Investment. 

Section 12. Such corporation shall have a board of invest- 
ment of not less than three members, who shall be trustees of 
such corporation. Only one of the persons holding the offices 
or performing the duties of president, executive vice presi- 
dent, treasurer or clerk, shall, at the same time, be a member 
of the board of investment. Said board shall elect a clerk who 
may but need not be a member of the board. 

The board shall approve all loans made or acquired by the 
corporation ; all changes in security pledged, and the rates of 
interest charged, for loans; all purchases and sales of bonds, 
stocks or other securities; all foreclosures of mortgages of 
real estate and the sale of property held in foreclosure; and 
shall perform such other duties as the by-laws may prescribe. 
The board of investment may invite one or more trustees who 
are not members of said board to attend its meetings during 
such monthly, quarterly or semi-annual periods as said board 
may determine. 

Meetings of the board of investment shall be held at least 
once in each month. A record shall be made at each meeting 
of the transactions of the board and of the names of those 
present; provided, that Hsts of loans or securities submitted 
to and considered or acted upon at such meeting may be in- 
corporated by reference in said record if such lists are filed 
with the records of such meeting and are identified by the sig- 
natures of the clerk of said board and one or more members 
thereof. The approval of changes in security for loans made 
under sections thirty-seven and thirty-eight may be evi- 
denced either by vote of the board of investment or by a 
statement signed by at least two of its members. 



Officers. 

Section 13. In addition to the trustees and members of 
the board of investment, the officers of such corporation shall 
be a president, one or more vice presidents, a treasurer, a 
clerk and, subject to appUcable provisions of the by-laws, such 
other officers as from time to time may be determined by the 
trustees to be necessary for the management of the affairs of 
such corporation, provided that the duties of any such other 
officer shall not be in conflict with those of the president or 
treasurer. As used in this section and in sections sixteen, 
eighteen, nineteen and twenty, the term "operating officers" 
shall mean and include the president, vice presidents, any 
assistant vice presidents, the treasurer, any vice treasurer, 
assistant treasurers, any branch managers, any person per- 



298 Acts, 1955. — Chap. 432. 

forming the duties of auditor, and such other officers as may 
be designated as operating officers by vote of the board of 
trustees. 

The president and at least one vice president shall be 
trustees. A vice president may perform the duties of the 
president to the extent authorized in the by-laws. The 
treasurer may at the same time be a vice president. A vice 
treasurer or an assistant treasurer may perform all the duties 
of the treasurer. 

The clerk shall be the clerk of the corporation and of the 
trustees, but no operating oflScer shall be the clerk. No 
operating officer of such corporation shall hold the office or 
perform the duties of president, vice president, cashier or 
treasurer of a national banking association or a trust com- 
pany, and such operating officer shall be governed by the 
provisions of section ten with respect to holding office in 
another savings bank or in a co-operative bank or federal 
savings and loan association. 



Elections. 

Section 14- The president, vice presidents, clerk of the 
corporation and such members of the board of trustees as 
may be required to be elected under the provisions of section 
ten shall be elected at the annual meeting. If any such 
ofl&ce becomes vacant during the year the trustees may, 
except as otherwise provided in this chapter, fill the vacancy 
until the next annual meeting. 

The members of the board of investment, the treasurer, 
vice treasurer, assistant treasurers and such other officers as 
may be determined to be necessary as provided in section 
thirteen, shall be elected by the trustees and shall hold 
office during their pleasure, and the trustees may fill va- 
cancies in such offices at any time. 

All trustees and other officers shall be sworn, and shall 
hold their several offices until others are elected and qualified 
in their stead; and a record of such qualification shall be 
made and preserved with the records of such corporation. 
If a person elected as trustee or other officer of such cor- 
poration does not, within forty-five days thereafter, take the 
oath of office, his office thereupon shall become vacant; pro- 
vided, that such oath may be taken in person at an office of 
such corporation or may be taken in writing before a notary 
public or justice of the peace and transmitted to such corpora- 
tion within said period. 



Notification and Publication of List of Officers, etc. 

Section 15. The clerk of the corporation shall give notice 
in writing of their election to each person elected to office at 
the annual meeting or at any other meeting of the cor- 
porators or trustees; and such notice shall be sent within ten 



Acts, 1955. — Chap. 432. 299 

days after such meeting to the last known address of such 
person. 

Within sixty days after the annual meeting, the clerk shall 
cause to be published in a newspaper, as provided in section 
nine, a list containing the following information: — (a) the 
names of the corporators indicating those who are trustees; 
and (6) the names of the president, vice presidents, treasurer, 
members of the board of investment, and members of the 
auditing committee referred to in section sixteen. 

Said list of names so published shall be filed and preserved 
with the records of the corporation. A copy of said list shall 
be furnished to the commissioner within ten days after such 
publication, and shall be open to public inspection for such 
reasonable time as the commissioner may determine. 

A clerk who knowingly neglects to give such notice of 
election or to cause said list to be published, or who know- 
ingly causes a false list to be published, and a person who, 
subsequent to the period prescribed by section fourteen for 
taking the oath of office, knowingly publishes or circulates or 
knowingly causes to be published or circulated a printed 
notice containing the name of a person as an officer of such 
corporation who has not taken the oath of office, shall be 
liable to a penalty of fifty dollars. 

Committees. 

Section 16. At the first meeting of the trustees following 
the annual meeting they shall elect an auditing committee 
of not less than three trustees who shall not be operating 
officers or members of the board of investment. The mem- 
bers of such committee shall take an oath of office in the 
manner and within the period prescribed by section fourteen, 
and a record thereof shall be made and preserved as provided 
in said section. The trustees may elect or authorize to be 
appointed such other committees as the by-laws may pro- 
vide or as the trustees from time to time may determine. 
The trustees shall authorize the compensation, if any, to be 
paid to the members of committees. 

Amendments to By-Laws. 

Section 17. The by-laws of such corporation may be 
amended by the corporators at any regular or special meet- 
ing. The clerk shall attest and transmit to the commissioner 
a copy of all by-laws adopted and, within fourteen days after 
the adoption of any amendment, a copy of such amendment. 

Bonding of Officers and Employees. 

Section 18. All operating officers and employees of such 
corporation, and all other officers having access to its cash 
or negotiable securities, shall give bond to such corporation 
at its expense in such amounts and with such surety or sure- 



Acts, 1955. — Chap. 432. 

ties and conditions as the commissioner may prescribe. The 
trustees may require bonds of such other officers or agents 
as they deem advisable. The persons required to give bond 
may be included in one or more blanket or schedule bonds; 
provided, that such bonds are approved by the commissioner 
as to the amounts and conditions thereof and as to the sure- 
ties thereon. The commissioner may prescribe the manner 
of custody and safekeeping of such bonds by the corporation. 

Loans to Officers and Employees. 

Section 19. No such corporation shall make any loan or 
extend credit in any other manner to any of its operating 
officers or to any member of its board of investment, and no 
such operating officer or member shall borrow from or other- 
wise become indebted to such corporation or be surety for 
loans by it to others or, directly or indirectly, whether acting 
individually or as trustee holding property in trust for 
another person, be an obhgor for money borrowed of the 
corporation; and if any such operating officer or member, 
either individually or as such trustee, becomes the owner of 
real estate upon which a mortgage is held by the corporation, 
his office shall become vacant at the expiration of sixty days 
thereafter unless prior thereto he has ceased to be the owner 
of the real estate or the mortgage shall have been discharged 
or assigned. No such corporation shall make a loan to any of 
its employees and no such employee shall become surety or 
guarantor upon any loan to others made or acquired by such 
corporation. The provisions of this section shall not apply 
to loans made to any such operating officer, member of the 
board of investment or employee on deposit books under 
section forty, or to loans as are guaranteed or insured in 
whole or in part as authorized by chapter forty-six of the 
acts of nineteen hundred and forty-five, as amended, or by 
any regulation thereunder. 

Certain Commissions, etc. Regulated. 

Section 20. Such corporation shall not negotiate, take or 
receive a fee, brokerage, commission, gift or other con- 
sideration, for or on account of a loan made by or on behalf 
of such corporation, other than appears on the face of the 
note or contract by which such loan purports to be or is 
made; but this section shall not prohibit a reasonable charge 
for services in the examination of property and titles and for 
the preparation and recording of conveyances and other in- 
struments pertaining to its loans, nor charges by such cor- 
poration for any services which by law it is authorized to 
render, nor premiums or charges in connection with its 
construction loans or the sale or purchase, or commitments 
therefor, of real estate mortgages for its own account. 

No trustee, officer or employee of such corporation shall 
ask for, take or receive, directly or indirectly, a fee, brokerage, 



Acts, 1955. — Chap. 432. 301 

commission, gift or other consideration for or on account of a 
loan made or acquired by or on behalf of such corporation; 
except that with the prior approval of the board of invest- 
ment evidenced by a unanimous vote of its members present 
and entitled to vote at the meeting at which the vote is 
passed, such corporation may pay to any trustee who is not 
an operating officer or member of the board of investment, 
or to any partnership, association or corporation with which 
he is connected, a reasonable commission for obtaining real 
estate mortgage loans made or acquired for the account of 
such bank, provided, that such trustee and such partnership, 
association or corporation, if any, is or are engaged in the 
business of purchasing, selling, procuring or placing real 
estate mortgage loans. 

Whoever violates any provision of this section shall be 
punished by a fine of not more than one thousand dollars or 
by imprisonment for not more than one year, or both. 



DEPOSITS. 

Certain Deposits Regulated. 

Section 21. Deposits authorized by this section may be 
received subject to the following limitations: — 

1. Amounts Limited. — Such corporation may receive on 
deposit from any person for his own account or for the 
accounts of one or more distinct estates or trusts, not more 
than seven thousand five hundred dollars for each account; 
and may allow interest on such deposits, and upon the in- 
terest accumulated thereon, until the principal, with the 
accrued interest, amounts to fifteen thousand dollars, and 
thereafter upon no greater amount than fifteen thousand 
dollars. 

2. Exemptions from Limits. — The limitations of para- 
graph 1 of this section shall not apply to joint accounts, 
referred to in section twenty-two, nor to deposits of the fol- 
lowing classes: — deposits by a rehgious, charitable or edu- 
cational corporation or organization, labor union, credit 
union, or fraternal benefit society; deposits in the name of a 
judge of probate, or by order of any court; deposits on 
account of a sinking fund of a town in the commonwealth; 
deposits of any trust fund held by a town for pubUc uses; 
deposits of funds representing replacement reserves or similar 
accumulations required under the provisions of any mortgage 
held by such corporation and insured by the federal housing 
administrator, referred to in paragraph 11 of section thirty- 
five and in section fifty-one of chapter one hundred and 
sixty-seven; deposits of the funds of any state, county or 
municipal retirement or pension system or association; 
deposits of the funds of the Savings Banks Employees Re- 
tirement Association; deposits in such corporation acquired 
by any person or persons by inheritance or bequest; de- 



302 Acts, 1955. — Chap. 432. 

posits of the funds of any private retirement or pension 
system or association, provided that the deposit accounts of 
any one such private system or association shall not, except 
by the accumulation of interest, be permitted to exceed, at 
any one time, seventy-five thousand dollars; and deposits 
of funds of any housing authority, referred to in section 
twenty-six K of chapter one hundred and twenty-one, pro- 
vided that the deposit accounts of any one such authority 
shall not, except by the accumulation of interest, be per- 
mitted to exceed, at any one time, thirty thousand dollars. 

The aggregate deposits of any national banking associa- 
tion or trust company for the accounts of all estates and 
trusts represented by it as trustee, executor, guardian or in 
any other fiduciary capacity shall not, except by the accumu- 
lation of interest, be permitted to exceed, at any one time, 
seventy-five thousand dollars or one and one-half per cent of 
the deposits of such savings bank, whichever is the greater; 
but in determining such limits the amounts of the deposits of 
private retirement and pension systems or associations here- 
inbefore authorized shall not be included. 

3. Deposits in Trust. — If deposits are made in trust, they 
may be made by one or two persons in trust for another. The 
name and residence of the person for whom such deposit is 
made shall be disclosed and the deposit shall be credited to 
the depositors as trustees for such person. Payments may 
be made to the trustee, and if there are two trustees payments 
may be made to both or to either or the survivor. If no other 
notice of the existence and terms of a trust has been received 
in writing by the corporation, upon the death of the trustee 
or if there are two trustees then upon the death of both, the 
amount then on deposit together wdth the dividends thereon 
may be paid to the person for whom such deposit was made, 
or to his legal representative. Withdrawals and payments 
made as provided in this paragraph shall fully discharge the 
liabihty of the corporation to all persons. 



Joint Accounts. 

Section 22. Such corporation may receive deposits on any 
joint account provided for in section fourteen of chapter one 
hundred and sLxty-seven to the amount of fifteen thousand 
dollars, and may allow interest upon such deposits, and upon 
the interest accumulated thereon, until the principal, with 
the accrued interest, amounts to thirty thousand dollars, and 
thereafter upon no greater amount than thirty thousand dol- 
lars. Either party to a joint account also may make deposits 
for his individual account, but the deposits in his individual 
account and in all joint accounts to which he is a party shall 
not at any one time exceed fifteen thousand dollars, exclusive 
of interest accumulated thereon. 

The surviving owner of a joint account may maintain the 
balance of the account in the amount appearing at the time of 



Acts, 1955. — Chap. 432. 303 

the decease of the joint owner, and such corporation may al- 
low interest additions and accumulations thereon in the 
amount provided above for joint accounts. 

Any part or all of the deposits and interest represented by 
joint accounts may be withdrawn, assigned, pledged or trans- 
ferred by either of the individual parties. Payment to either 
of the parties to a joint account while both are living shall 
discharge the liability of the corporation to all persons; and 
in the event of the death of either of the joint owners, the 
corporation shall be hable only to the survivor, and the pay- 
ment to the survivor shall discharge the liability of the cor- 
poration to all persons. 

Payment to any assignee, pledgee or transferee of either of 
the individual parties to a joint account shall be governed by 
the provisions relative to payments to assignees and pledgees 
of joint deposits contained in said section fourteen of chapter 
one hundred and sixty-seven. 

Payroll Deduction Deposits. 

Section 23. Such corporation under regulations made by 
it and approved by the commissioner may arrange with any 
employer for the collection and receipt of deposits by payroll 
deduction, to be credited to the individual accounts of his 
employees making the deposits. A deposit book shall be is- 
sued by such corporation to or for the account of each such 
employee. Such corporation may receive deposits on such 
employee's account without requiring production of the de- 
posit book; provided, that a statement of each such em- 
ployee's account shall be furnished to him by such corpora- 
tion at least once in each three months. 

School Savings Deposits. 

Section 24- In order to encourage saving among school 
children, such corporation under regulations made by it and 
approved by the commissioner may arrange for the collection 
by collectors or by the school principal or teachers, of savings 
from school children of private schools and, with the approval 
of the school committee of the town or regional district 
wherein the school is situated, from school children of pub- 
lic schools. To give effect to the purposes of this section any 
such corporation may, in participation and under an agree- 
ment in writing with one or more other such corporations, all 
such corporations having their main oflBces in the same town, 
arrange for such collection in one or more public or private 
schools in any town in which a participating corporation has 
its main office or a branch office, or in any contiguous or sur- 
rounding town in which no other savings bank or savings 
bank branch office is located; subject, however, to the ap- 
proval of the commissioner and, in the case of public schools, 
of the commissioner and the school committee of the town or 
regional district wherein such school or schools are situated. 



304 Acts, 1955. — Chap. 432. 

Subject to conditions approved by the commissioner and not- 
withstanding the provisions of section twelve of chapter one 
hundred and sixty-seven, such participation may be effected 
through an association or through a corporation estabhshed 
under chapter one hundred and eighty, organized for the pur- 
pose by some or all of the participating savings banks or by 
persons on their behalf, and any such association or corpora- 
tion shall be subject to the supervision of the commissioner. 
Whenever used in this section, in paragraphs 4 and 6 of sec- 
tion thirty-eight, in section thjrty-nine, or in paragraph 1 of 
section fifty, the word "association" means an association 
the business of which is conducted or transacted by trustees 
under a written instrument or declaration of trust. 



Special Trust Fund Deposits. 

Section 25. Such corporation may receive on deposit to 
any amount, funds in trust for the purposes of setting out 
shade trees in streets and parks and improving the same, 
purchasing land for parks or playgrounds and improving the 
same, maintaining cemeteries or cemetery lots, or erecting 
and maintaining drinking fountains in pubhc places, subject 
to the following provisions: — 

1. Payments. — The dividends arising from such deposits 
shall be paid at least annually to such town or cemetery au- 
thorities as may be designated by the donors of said funds or 
by the will of the person bequeathing the same, and shall be 
expended by such authorities within their respective towns 
or cemeteries for any or all of said purposes as may be speci- 
fied by such donors or such will. Such deposits and dividends 
shall be exempt from attachment or levy on execution. No 
part of the principal of such deposits shall be withdrawn or 
expended, but nothing in this sentence shall prevent the with- 
drawal of the principal of or dividends on deposits made by a 
cemetery corporation under section twenty-one. 

2. Court Order. — A judge of probate, after notice and a 
hearing, may authorize an executor, administrator or trus- 
tee holding money or other personal property for any of the 
purposes mentioned in this section, to deposit such money, 
or the avails arising from such personal property, in any such 
corporation designated by the judge, to be held by it in the 
manner and for such purposes and upon the trusts upon which 
the executor, administrator or trustee held the same; and 
upon the deposit of such money and its receipt and accept- 
ance by such corporation the executor, administrator or trus- 
tee shall be discharged from further care and responsibility 
therefor. 

3. Statements Every Three Years. — The deposits held in 
accordance with this section shall be known as the "Shade 
Tree and Cemetery Accounts" and the treasurer of the cor- 
poration with which they are deposited shall give a receipt 
therefor to the depositor ,fand shall send by mail or deliver, 



Acts, 1955. — Chap. 432. 305 

in January in each third year after the first deposit, to the 
mayor of a city or the chairman of the selectmen of a town, 
a written statement, signed by such treasurer, of the amount 
of deposits held for any of the purposes aforesaid in the name 
or for the benefit of such city or town or of any instrumen- 
tahty thereof. Such statement shall be recorded in the office 
of the city or town clerk. 

4. Transfer of Deposit. — If a corporation holding any such 
deposits surrenders its charter or ceases to do business, the 
supreme judicial court may order said deposits to be trans- 
ferred and deposited in another such corporation, upon the 
same trusts; and if the laws authorizing such corporations 
are repealed, the court may order such deposits to be trans- 
ferred and deposited in such banking institutions as it may 
find proper, to be held upon the trusts aforesaid. 



Withdrawal of Deposits. 

Section 26. The deposits in such corporation may be with- 
drawn at such time and in such manner as the by-laws direct, 
subject to the provisions of this section, paragraph 1 of sec- 
tion twenty-five, section seventy-seven, and of other appli- 
cable provisions of law : — 

1. Charge to Principal. — For the purpose only of comput- 
ing the limitations on the principal amounts of such deposits 
as provided by sections twenty-one and twenty-two, all de- 
posits so withdrawn shall be deducted first from the principal 
amounts last deposited, exclusive of dividends, but nothing 
in this paragraph shall prevent the withdrawal on demand of 
dividends at an}'' time after becoming available for with- 
drawal, subject to the notice provisions hereinafter contained 
in this section. 

2. Ninety Day Notice. — The treasurer or other authorized 
officer of such corporation may at any time require a depositor 
to give a written notice of his intention to withdraw the whole 
or any part of his deposit or to apply for a loan under section 
forty, such notice to be for a period not exceeding ninety days. 
WTienever said notice is required from ten or more depositors 
on any one day, such corporation shall be deemed to have 
made a general requirement and shall file with the commis- 
sioner within forty-eight hours after the close of business on 
such day a written notice of such requirement. Until such 
general requirement has been removed and notice thereof 
filed with the commissioner, no pajmaent by way of with- 
drawal or loan shall be made to any depositor on account of 
his deposit, except that, with the approval of the commis- 
sioner, such sum or sums not exceeding, in the aggregate, an 
amount fixed by the board of investment may be paid on each 
deposit account. 

3. Six Months^ Notice. — Whenever in the judgment of the 
board of investment there is an unusual demand for with- 
drawals the corporation may with the approval of the com- 



306 Acts, 1955. — Chap. 432. 

missioner, and whenever in the opinion of the commissioner 
there is such an unusual demand the corporation shall upon 
his order, require a depositor to give written notice of his in- 
tention to withdraw the whole or any part of his deposit or 
to apply for a loan under section forty, such notice to be for 
such period, not exceeding six months, as may be determined 
by the commissioner, which period may in his discretion be 
extended, but not beyond one year from the date of such no- 
tice; and until such a requirement has been revoked by the 
commissioner, the foregoing limitations as to payments by 
way of withdrawal or loan applicable in case of a general re- 
quirement as aforesaid shall apply. 

4. Suspension of Advertising. — Such corporation shall not 
advertise in any manner for deposits while any requirement of 
notice of intention to withdraw as above provided is in effect, 
unless the advertisement shall state that such deposits may 
not be paid out by way of withdrawal or loan except in ac- 
cordance with the terms of the requirement, which terms 
shall appear in such statement. 

Payments on Death. 

Section 27. Deposits standing in the name of a deceased 
depositor shall, except as provided in sections twenty-one 
and twenty-two, be paid to liis legal representative; pro- 
vided that, if the deposit does not exceed seven hundred and 
fifty dollars and there has been no demand for payment by a 
duly appointed executor or administrator, payment may be 
made, in the discretion of the treasurer or other duly author- 
ized officer of the corporation, or pursuant to special vote of 
the board of investment, after the expiration of sixty days 
from the death of such depositor, to the surviving husband, 
wife or next of kin of such deceased, upon presentation of a 
copy of the death certificate and the surrender of the de- 
posit book evidencing the deposit. Such corporation may 
pay an order, drawn by a person who has funds on deposit 
to meet the same, notwithstanding the death of the drawer, 
if presentation is made within thirty days after the date of 
such order; and at any time if the corporation has not re- 
ceived written notice of the death of the drawer. Payments 
made under authority of any provision of this section shall 
discharge the liabihty of the corporation to all persons to the 
extent of such payments. 

Payments to Minors. 

Section 28. Money deposited in the name of a minor may, 
at the discretion of the treasurer or other authorized officer, 
be paid to such minor or to his legal representative or, if the 
amount of the deposit does not exceed seven hundred and 
fifty dollars, to either parent of such minor, and an}'- such 
payment shall discharge the liability of the corporation to 
all persons to the extent of such payment. 



Acts, 1955. —Chap. 432. 307 



Set-Off of Deposits. 

Section 29. A person indebted to such corporation may, 
when proceeded against for the collection of such indebted- 
ness or for the enforcement of any security therefor, set off 
or recoup the amount of a deposit in such corporation held 
and owned by him at the time of the commencement of such 
proceeding; provided, that if a proceeding in equity has been 
commenced to restram the corporation from doing its actual 
business, or if possession of such corporation has been taken 
by the Mutual Savuigs Central Fund, Inc. as provided by 
section four of chapter forty-three of the acts of nineteen 
hundred and tliirty-four or by the commissioner as provided 
in section twenty-two of chapter one hundred and sixty- 
seven, no deposit shall so be set off or recouped by any such 
person unless held and owned by him on the date of the com- 
mencement of such proceeding or of possession so taken, and 
the right of set-off or recoupment shall be determined as of 
such date whether the indebtedness of the depositor, or the 
deposit, is then due or payable or becomes due or payable at 
a later date. Any indebtedness against which a deposit is 
permitted to be set off or recouped as aforesaid may be 
secured or unsecured. Section three of chapter two hundred 
and thirty-two shall not apply to a set-off hereunder, except 
that either party to a joint account may, upon presentation 
of the deposit book, set off the joint deposit against his in- 
dividual debt to such corporation. Notwithstanding the 
foregoing, a judgment shall not be rendered against such 
corporation in favor of the defendant for any balance found 
due from it if a proceeding in equity has been commenced 
against the corporation or possession thereof has been taken 
as aforesaid. The word "deposit", as used in this section, 
shall include interest due thereon. 

InterTpleader. 

Section 30. If, in an action against such corporation for 
money on deposit therewith, it appears that the same fund 
is claimed by another party than the plaintiff, whether by 
the husband or ^vife of the plaintiff, or otherwise, the court 
in which such action is pending, on the petition of the cor- 
poration and on such notice to the plaintiff and to such 
claimants as the court considers proper, may order the pro- 
ceedings to be amended b}^ making such claimants defendants 
thereto; and thereupon the rights and interests of the 
several parties in and to said funds shall be heard and de- 
termined. Such deposits may remain with the corporation 
until final judgment, and shall be paid as the court orders, or 
may be paid into court to await final judgment; and when 
so paid into court, the action shall be discontinued as to such 
corporation and its liability for such deposit shall cease. The 
taxable costs of the corporation in such actions shall be in 
the discretion of the court and may be charged upon the fund. 



308 Acts. 1955. — Chap. 432. 



Unclaimed Court Deposits. 

Section SI. Subject to section twenty-eight of chapter 
two hundred and six, the probate court, court of insolvency 
or other court, respectively, shall, upon the application of a 
person interested or of the attorney general, and after public 
notice, order and decree that all amounts of money de- 
posited with such corporation, by authority of any of said 
courts or of any judge thereof, and which shall have remained 
unclaimed for more than twenty j^ears from the date of such 
deposit shall be paid, together with the interest accumulated 
thereon, to the state treasurer, to be held and used by him 
according to law, subject to be repaid to the person ha\T:ng 
and establishing a lawful right thereto, with interest at the 
rate of three per cent per annum from the time when it is so 
paid to said treasurer to the time when it is paid over by him 
to such person, as hereinafter provided in this section. 

Any person claiming a right to money deposited with the 
state treasurer under this section pursuant to a decree of a 
probate court or a court of insolvency in any county may 
establish the same by a petition to the probate court of such 
county, or if so deposited pursuant to the order of any other 
court, by a petition to the superior court under section one 
of chapter two hundred and fifty-eight; provided, that in 
cases where claims amount to less than fifty dollars each, 
such claims may be presented to the comptroller of the 
commonwealth, who shall examine the same and allow and 
certify for payment such as may be proved to his satisfaction. 

Reduction of Deposits. 

Section 32. The supreme judicial court or any justice 
thereof sitting in equity may, on petition of a savings bank 
or the trustees of a savings bank, approved by the com- 
missioner, approve or order a reduction of the deposit 
account of each depositor therein whenever the value of its 
assets is less than the total amount of its deposits so as to 
divide the loss equitably among said depositors. If thereafter 
the bank shall reahze from said assets a greater sum than was 
fixed by said order of reduction, such excess shall be divided 
among the depositors whose accounts have been reduced, but 
to the extent of such reduction only; provided, that at any 
time after the entry of a decree approving or ordering such a 
reduction of deposit accounts, said court or any justice 
thereof may by order finally determine the amount which 
said depositors are equitably entitled to receive in full 
settlement of their said deposit accounts and the manner of 
distribution of said amount. 

Investment of Deposits. 

Section S3. Any such corporation may invest its deposits 
and income derived therefrom in the loans and investments 



Acts, 1955. — Chap. 432. 309 

authorized by this chapter and in such other loans and in- 
vestments as may be authorized for savings banks by general 
or special law. 



LOANS AND INVESTMENTS. 

Part I. Real Estate Mortgage Loans. 

General Requirements. 

Section 34- Any such corporation may make or acquire 
loans upon real estate secured by first mortgages. Except 
as otherwise provided, such loans shall be subject to the 
limitations of this section and of other appUcable sections 
of this chapter. 

1. Security. — Each such loan shall be evidenced by a 
note secured by a first mortgage which shall be a first hen on 
the real estate so loaned upon, except for municipal liens and 
for mortgages or other liens held by the corporation, and 
subject to participating interests in the case of a participa- 
tion mortgage loan under paragraph 8 of section thirty-five; 
but nothing in this paragraph shall prevent such corporation 
from making an agreement with a lessee of the mortgaged 
property for uninterrupted possession thereof by the lessee 
in the event of foreclosure of the mortgage so long as the 
lessee shall comply with the terms of such lease. 

2. Lending Area. — Such first mortgages shall be on real 
estate located in the commonwealth or in a city or town of a 
state contiguous to the commonwealth, provided, that such 
city or town is not more than fifty miles from the town in 
which the main office of such corporation is located as de- 
termined by the distance between the two nearest points of 
separation. 

3. Maximum Aggregate Investment. — Not more than 
seventy per cent of the total deposits of such corporation shall 
be invested in mortgages of real estate; provided, that in 
addition to such seventy per cent, an amount equal to the 
difference between the total amount invested in bank stocks 
and fire insurance stocks and the total amount authorized to 
be invested therein as provided in sections forty-seven and 
forty-eight, may be invested in insured or guaranteed mort- 
gages, or both, referred to in paragraph 1 1 of section thirty- 
five, section fifty-one of chapter one hundred and sixty- 
seven, and chapter forty-six of the acts of nineteen hundred 
and forty-five, as amended, and in regulations thereunder. 

Not more than thirty-five per cent of such total deposits 
shall be invested in mortgages of real estate within said 
fifty-mile limit in states contiguous to the commonwealth, 
including insured and guaranteed mortgages referred to in 
said paragraph 1 1 and in said chapter forty-six, as amended, 
and in regulations thereunder; provided, that not more than 
twenty-five per cent of such total deposits may be invested 



310 Acts, 1955. — Chap. 432. 

within said fifty-mile limit in mortgages not so insured or 
guaranteed. 

In determining the maximum mortgage hmits specified in 
this paragraph, loans on leases authorized by paragraph 6 of 
section thirty-eight shall be included, and mortgages taken 
upon the sale of foreclosed real estate as provided by section 
fifty-four shall be excluded. 



Classes of Mortgage Loans. 

Section 35. Any such corporation may make or acquire 
first mortgage loans of the several classes specified in para- 
graphs 1 to 12, inclusive, of this section, on real estate mort- 
gaged or to be mortgaged, subject in each instance to the 
limitations applicable to the particular class, except that 
periodic payments provided by a mortgage of any class may 
be less for the first year of the term than for the remainder 
thereof. 

1. Forty Per Cent of Value. — A mortgage loan on un- 
improved or unproductive real estate, not exceeding forty 
per cent of its value, payable on demand or not more than 
three years from the date of the note ; provided, that no loan 
of this class or of the classes authorized in paragraphs 2 and 3 
of this section shall be made or acquired for an amount in 
excess of one per cent of the deposits of such corporation or 
fifty thousand dollars, whichever is the greater. 

2. Sixty Per Cent of Value, Unamortized. — A mortgage 
loan not exceeding sixty per cent of the value of the real 
estate, payable on demand or not more than three years 
from the date of the note, subject to the limitation on 
amount provided in paragraph 1 of this section. 

3. Sixty Per Cent of Value, Amortized. — A mortgage loan 
not exceeding sixty per cent of the value of the real estate, 
payable not more than twenty years from the date of the 
note; provided, that the terms of the note or mortgage 
shall require payments on the loan to be made in periodic 
instalments, at intervals not exceeding three months, in 
amounts aggregating annually not less than two per cent of 
the original amount of the loan. A mortgage loan of this 
class shall be subject to the limitation on amount provided 
in paragraph 1 of this section. 

4. Seventy Per Cent of Value. — A mortgage loan not ex- 
ceeding seventy per cent of the value of the real estate, pay- 
able not more than twenty years from the date of the note, 
except that a mortgage loan of this class of twenty-five 
thousand dollars or less, may be payable not more than 
twenty-five years from the date of the note. The terms of 
the note or mortgage shall require payments on the loan to 
be made in periodic instalments, at intervals not exceeding 
three months, in amounts aggregating annually not less 
than three per cent of the original amount of the loan. 
No loan of this class shall be made or acquired for a sum in 



Acts, 1955. — Chap. 432. 311 

excess of one per cent of the deposits of such corporation or 
fifty thousand dollars, whichever is the greater; provided, 
that the aggregate balance of principal outstanding at any- 
one time on mortage loans of this class as are in excess of 
one-half of one per cent of deposits, shall not exceed seven 
and one-half per cent of the deposits of such corporation. 

5. Seventy-five Per Cent of Value. — A mortgage loan not 
exceeding seventy-five per cent of the value of the real estate, 
payable not more than twenty-five years from the date of the 
note ; provided, that the terms of the note or mortgage shall 
require payments on the loan to be made in periodic instal- 
ments, at intervals not exceeding three months, in amounts 
aggregating annually not less than three per cent of the 
original amount of the loan. The note or mortgage also shall 
require payment, at least quarterly, of a proportionate part 
of the estimated real estate taxes and betterment assessments 
on the mortgaged real estate. No loan of this class shall be 
made or acquired for a sum in excess of twenty thousand 
dollars. 

6. Eighty Per Cent of Value. — A mortgage loan not ex- 
ceeding eighty per cent of the value of the real estate, pay- 
able not more than twenty-five years from the date of the 
note; provided, that the terms of the note or mortgage shall 
require monthly payments in such amounts that the ag- 
gregate principal reduction at any time during the term of 
the loan shall be not less than that which would be required 
in the case of a note of like amount and interest rate pro- 
viding for complete amortization by equal monthly pay- 
ments over a period of twenty-five years. Each such monthly 
payment shall be applied first to interest and the balance to 
principal. Interest upon such loan shall be computed 
monthly on the unpaid balance. The note or mortgage also 
shall require payment each month of a proportionate part of 
the estimated real estate taxes and betterment assessments on 
the mortgaged real estate. No loan of this class shall be made 
or acquired for a sum in excess of twenty thousand dollars. 

7. Residential Development Loans. — A mortgage loan 
upon two or more parcels of real estate contained within a 
single project being developed by one owner, for the purpose 
of financing the construction of a single family dwelling and 
appurtenances upon each such parcel. Such mortgage loan 
shall not exceed seventy-five per cent of the aggregate esti- 
mated completed value of the parcels of land and structures 
thereon securing the mortgage, or fifteen thousand dollars 
with respect to each such parcel and structures thereon, 
whichever amount is the lesser. Each mortgage loan of this 
class shall be payable not more than two years from the date 
of the note. 

Not later than thirty days after such mortgage loan be- 
comes payable, at least two members of the board of invest- 
ment shall certify, in writing, according to their best judg- 
ment or as determined by them upon the opinion of an 
appraiser approved by said board, the aggregate value of the 



312 Acts, 1955. — Chap. 432. 

parcels of land and structures thereon then remaining subject 
to the mortgage. If at that time the unpaid balance of 
principal on said mortgage exceeds sixty per cent of the 
value so certified, a sufficient reduction shall be required, as 
promptly as may be practicable, to reduce said balance to 
sixty per cent of such value; and until so reduced, an amount 
equal to the unpaid amount of the required reduction shall be 
estabhshed and maintained by such corporation as a reserve 
for loss against such amount. The aggregate balance of prin- 
cipal, outstanding at any one time, on mortgage loans of this 
class shall not exceed two per cent of the deposits of such 
corporation. 

8. Participation Loans. — Any such corporation may, in 
participation with one or more other such corporations, make 
mortgage loans of the classes referred to in paragraphs 1, 2, 
3 and 4 of this section. 

The participating corporations shall enter into a written 
agreement, for themselves, their successors and assigns, 
which shall include provisions for the custody of the note and 
mortgage and for the servicing and foreclosure thereof. The 
amount of the participation of any such corporation in any 
such loan shall not exceed one per cent of its deposits, and 
the aggregate balance of principal of all such participations, 
outstanding at any one time, shall not exceed five per cent 
of the total deposits of such corporation. 

9. Construction Loans. — Any such corporation may make 
construction mortgage loans with respect to any of the classes 
of mortgage loans authorized by this chapter or by any other 
provision of general or special law applicable to savings 
banks; provided, that any payments required on account of 
principal shall commence not later than one year from the 
date of the mortgage note. 

10. Improvement Loans. — A loan to the owner of im- 
proved real estate, upon which such corporation holds a 
mortgage, for the purpose of financing the improvement, 
repair, alteration or rehabilitation of such real estate or the 
purchase and installation of fixtures to be affixed thereto. 
Such loan shall not exceed one thousand five hundred dol- 
lars, exclusive of interest or discount from the date of the 
note, with respect to any one parcel of such real estate. The 
loan shall be payable not more than five years from the date 
of the note, but the note or mortgage shall provide that in 
any event it shall become due and payable simultaneously 
with the transfer of the mortgaged premises or with the pay- 
ment of the balance due on the mortgage. The terms of the 
note or mortgage shall require that, commencing not later 
than two months after the date of the note, (a) payments 
shall be made on account of the principal in equal monthly 
instalments in amounts which, at the maturity of the note, 
shall equal the original amount of the loan, or {b) fixed 
monthly payments shall be made in approximately the same 
amount during the term of the loan, which payments shall 
first be appUed to interest and the balance to principal. The 



Acts, 1955. — Chap. 432. 313 

aggregate balance of principal outstanding at any one time 
on loans of this class shall not exceed two per cent of the 
deposits of such corporation. 

In case a mortgage and the note secured thereby shall have 
been sold or otherwise assigned to another banking institu- 
tion, such corporation at the request of such other banking 
institution and of the owner of the mortgaged property may 
make a loan of this class within the limitations prescribed in 
this section; provided, that such corporation shall agree to 
sell and such other banking institution shall agree to buy such 
loan within tliirty days after the loan is made. 

11. Insured Loans Outside the Commonwealth. — Any such 
corporation, subject to regulations made by the commissioner, 
may make or acquire mortgage loans on real estate located 
outside the commonwealth, of which the notes have been 
endorsed for insurance by the federal housing administrator, 
or combined with secondary mortgages guaranteed in full by 
the United States of America under the Servicemen's Re- 
adjustment Act of nineteen hundred and forty-four, as 
amended. 

The aggregate balance of principal, outstanding at any 
one time, in the class of mortgage loans authorized by this 
paragraph shall not exceed fifteen per cent of the deposits 
of such corporation, or fifty per cent of the aggregate book 
value of loans secured by mortgages on real estate located in 
the commonwealth, wliichever is the lesser. 

Such mortgage loans may be made or acquired notwith- 
standing the restrictions contained in section fifty-one of 
chapter one hundred and sixty-seven; provided, that the 
maximum aggregate investment in mortgages of real estate 
shall not exceed the limitations prescribed by paragraph 3 of 
section thirty-four. 

12. Housing Projects. — Subject to such regulations as the 
commissioner deems necessary or advisable if requested to 
issue regulations hereunder by one or more savings banks, 
any such corporation, either alone or in conjunction with one 
or more such corporations, may exercise the powers relative 
to housing projects granted to domestic life insurance com- 
panies by section sixty-six A of chapter one hundred and 
seventy-five; provided, that the aggregate balance of prin- 
cipal outstanding at any one time in investments of this class 
shall not exceed three per cent of the deposits of such cor- 
poration. 

Other Mortgage Provisions. 

Section 36. The following provisions shall, unless other- 
wise provided, apply to mortgage loans made or acquired by 
such corporation: — 

1. Application. — There shall be a written application for 
each mortgage loan originated by the corporation showing 
the date, names of applicants, amount asked for and security 
offered, and containing such other information as the cor- 
poration may deem necessary. Such application shall be 



314 Acts, 1955. — Chap. 432. 

signed by or on behalf of the apphcants prior to consum- 
mation of the loan and shall be filed and preserved with the 
records of the corporation but may accompany any sale or 
assignment of such mortgage loan. No application shall be 
required when a mortgage is acquired by purchase. 

2. Appraisal. — At least two members of the board of 
investment shall certify, in writing, the value of the property 
offered as security according to their best judgment; and in 
the case of a mortgage loan acquired by purchase, two mem- 
bers of said board shall certify in writing, the value of the 
property mortgaged according to their best judgment. In 
either case such value may be determined upon the signed 
opinion in writing of an appraiser approved by said board. 

3. Additional Principal Payments. — Such corporation 
may accept principal payments in excess of payments re- 
quired by any mortgage made or acquired under any of the 
provisions of section thirty-five, and such additional pay- 
ments may be accepted as anticipating an equal number of 
whole payments or as effecting a reduction of all future pay- 
ments required by the mortgage. In the event that any 
such additional payments are made, the board of investment 
may reduce the monthly or other periodic payments as set 
forth in said mortgage; provided, that such reduced pay- 
ments shall not extend the original term of the mortgage 
except as authorized by paragraph 4 of this section. 

4. Revision of Terms. — With the approval of the board of 
investment of such corporation, at the request of the owner 
of the equity of redemption, the amount of the periodic pay- 
ments of principal or interest, or both, called for bj"" any note 
and mortgage may be changed; provided, that the unpaid 
balance of principal is not in excess of the percentage of value 
of the mortgaged property required for one of the classes of 
mortgage loans authorized under paragraphs 1 to 6, in- 
clusive, of section thirty-five as certified in writing by at least 
two members of said board, according to their best judgment 
or as determined by them upon the sfgned opinion in writing 
of an appraiser approved by said board; and provided, fur- 
ther, that the periodic pajonents as changed shall meet the 
minimum payments required for such class of mortgage. 
Every such change shall be evidenced by an instrument 
setting forth such change, the payments to be made pursuant 
thereto and the provisions of any mortgage extension, which 
instrument shall be filed with the papers relating to the loan. 

No such change shall result in the extension of the term of 
such mortgage beyond the maximum number of years per- 
mitted under section thirty-five for such mortgage as changed 
hereunder, computed from the date of such extension. 
Neither the note evidencing the loan nor the mortgage secur- 
ing the same shall be prejudiced by any such change, not- 
Avithstanding the fact that no provision for such change was 
originally made in the note or mortgage; and both note and 
mortgage shall continue to be held by the corporation as 
good and sufficient security for the balance remaining unpaid 



Acts, 1955. — Chap. 432. 315 

after the date of such change. Nothing in this paragraph 
shall be construed to prevent any real estate mortgage loan 
held by such corporation from being rewritten, substituted 
or converted into any other class of mortgage loan which such 
corporation may lawfully hold; provided, that the unpaid 
balance of principal is not in excess of the percentage of the 
then value of the mortgaged property required for such other 
class of loan, as certified in writing by at least two members 
of the board of investment according to their best judgment, 
or as determined by them upon the signed opinion in writing 
of an appraiser approved by said board. 

In revising the terms of any mortgage under the authority 
of this paragraph, no additional money shall be loaned or 
advanced thereon, but this provision shall not prevent such 
corporation from making a new mortgage loan of one of the 
classes authorized by section thirty-five, or from making an 
additional advance on such mortgage as authorized by section 
twenty-eight A of chapter one hundred and eighty-three. 

5. Servicing of Loans. — Any such corporation may collect 
and apply payments due upon and otherwise service mort- 
gage loans sold by it; and may authorize any servicing con- 
tractor, approved by the board of investment, to collect and 
apply payments due upon and otherwise service mortgage 
loans acquired by such corporation; provided, that any such 
servicing contractor servicing mortgage loans on real estate 
located in this commonwealth or within the fifty-mile limit re- 
ferred to in paragraph 2 of section thirty-four, shall be a sav- 
ings bank, trust company, national banking association, co- 
operative bank or federal savings and loan association, but 
mortgage loans so located may, subject to conditions ap- 
proved by the commissioner, be serviced by a person eligible 
under regulations of the commissioner to service any insured 
or guaranteed mortgages hereinafter referred to in this para- 
graph. An agreement setting forth the terms and conditions 
of and charges to be made for such servicing shall be executed 
on behalf of such corporation and any such servicing con- 
tractor, and filed with the records of such corporation. The 
servicing of insured or guaranteed mortgages referred to in 
paragraph 11 of section thirty-five, section fifty-one of chap- 
ter one hundred and sixty-seven, and chapter forty-six of 
the acts of nineteen hundred and forty-five, as amended, 
shall be governed by regulations of the commissioner. 

6. Revaluation and Inspection. — Except as provided in 
clause {d) of this section, real estate securing mortgage loans 
shall be subject to periodic revaluation or inspection, as 
follows : — 

(a) Revaluation Required. — Every parcel of real estate 
mortgaged to secure a loan which by its terms is payable in 
three years or less from the date of the note or is being 
amortized at a rate of less than three per cent per annum 
shall be revalued, as long as the loan is held, at intervals of 
three calendar years commencing not later than the end of 
the third calendar year after the year in which the loan is 



316 Acts, 1955. — Chap. 432. 

made or acquired. At the time of such revaluation at least 
two members of the board of investment shall certify, in 
writing, the then value of the mortgaged property, according 
to their best judgment or as determined by one such mem- 
ber so certifying upon the signed opinion in writing of an 
appraiser approved by said board. Upon the partial release 
of any real estate securing a mortgage, the remainder of the 
security shall be revalued notwithstanding that the security 
shall have been revalued within three years; but this re- 
quirement shall not apply to construction mortgage loans. 

(h) Inspection Authorized. — Every parcel of real estate 
mortgaged to secure a loan, other than the parcels referred to 
in clause (a) of this paragraph, shall be revalued, as long as 
the loan is held, commencing not later than the end of the 
third calendar year after the year in which the loan is made 
or acquired and thereafter at intervals of five calendar years, 
in the manner provided in said clause or, in lieu of revaluation, 
such parcel shall be inspected for the purpose of determining 
the general physical condition of the mortgaged property, in- 
cluding its state of preservation or deterioration and any 
other information deemed by the board of investment as 
materially affecting the value of such parcel. Such inspec- 
tion shall be made by at least two members of said board 
or by a person deemed by it to be quahfied to make such 
inspection, and a report thereof shall be made in writing and 
signed by one of such members or by such person and shall 
be submitted to said board. 

(c) Reports. — Each report of revaluation and inspection 
shall be filed and preserved with the records of the corpora- 
tion until the obligation to which it relates is paid in full or 
otherwise legally discharged. 

(d) Insured and Guaranteed Mortgages. — Revaluation 
and inspection of insured and guaranteed mortgages, re- 
ferred to in paragraph 5 of this section, shall be subject to 
regulations, if any, of the commissioner. 

7. Excessive Loans. — Whenever the commissioner deems 
an excessive loan has been made, or is about to be made, upon 
real estate, by any such corporation, he may cause an ap- 
praisal of said real estate to be made at the expense of the 
corporation. In such event, one appraiser shall be named by 
the commissioner, one by the corporation, and a third by 
the two appraisers thus named. Said appraisers shall 
certify in writing to the commissioner and to the corpora- 
tion, the then value of said real estate according to their best 
judgment. If it shall appear from said appraisal that said 
loan is in excess of the amount authorized for such class of 
loan by the applicable provisions of section thirty-five or 
other provision of law, the commissioner may make such 
order in relation thereto as he deems advisable. 

8. Liabilities of One Person. — The total liabilities to any 
savings bank of a person, partnership, association or cor- 
poration for money borrowed thereby under section thirty- 
five, including in the Uabilities of a partnership or company 



Acts, 1955. — Chap. 432. 317 

not incorporated the liabilities of the several members thereof, 
shall not at any one time exceed two per cent of the deposits 
of such bank or fifty thousand dollars, whichever is the 
greater. In computing such total Habilities there shall be 
included the direct liability of the borrower and his liability 
as endorser, guarantor or surety on the obligations of others 
held by the bank, and there shall be excluded the liability 
of the borrower on mortgage loans held by such bank on real 
estate sold to a person deemed bj"" the bank to be a bona fide 
purchaser and who has made payments to such bank on such 
mortgages or who has agreed, in writing, with such bank 
to assume payment thereof. 

9. Legality of Certain Mortgages. — No provision of this 
chapter shall render illegal the investment in or pledge of any 
mortgages of real estate held by any such corporation on 
November first, nineteen hundred and fifty-five. 

Part II. Other Loans. 

Personal Loans. 

Section 37. Such corporation may make a loan to one or 
more responsible borrowers upon a note in such form and at 
such rate of interest and subject to such other charges as the 
board of investment shall by rules or regulations determine; 
provided, that such rates and charges shall not exceed those 
authorized by section one hundred of chapter one hundred 
and forty with respect to loans subject to such section. Such 
loan shall be payable and shall be paid in instalments at in- 
tervals of not exceeding one month and all within a period of 
not exceeding thirty months from the date of the note. 
Such note may provide for the payment of the first instal- 
ment on a date not more than three months from the date of 
the note or of some one subsequent instalment on a date not 
more than three months from the date of the last prior in- 
stalment, and may, in the discretion of such corporation, be 
secured or unsecured. The total obligation of any one 
person to any such corporation in this class of investment 
shall not exceed one thousand dollars, exclusive of interest 
or discount from the date of the note; and the aggregate 
balance of such loans made by any such corporation, at any 
time outstanding, shall not exceed five per cent of its de- 
posits. The provisions of sections eighty-six to one hundred 
and ten, inclusive, of chapter one hundred and forty shall 
not, except as herein provided, apply to loans made under 
this section. 

Collateral Loans. 

Section 38. Such corporation may make a loan to one or 
more responsible borrowers upon a note secured by the pledge 
as collateral therefor, of one or more of the classes of property 
described below in this section : — 

1. Real Estate Mortgages. — One or more first mortgages 
of real estate situated in this commonwealth. If the mort- 



318 Acts, 1955. — Chap. 432. 

gage conforms to all of the requirements of one of the classes 
of mortgages eligible for investment by such corporation 
under section thirty-five, the loan may be made or renewed 
in an amount not exceeding the percentage of value of the 
mortgaged property authorized for such class of mortgage 
under said section. If the mortgage does not so conform but 
matures not later than twenty years from the date of the loan 
and provides for the payment of interest at the annual rate 
of not less than three and one-half per cent, the loan may be 
made or renewed in an amount not exceeding sixty per cent, 
or in the case of unimproved or unproductive real estate not 
exceeding forty per cent, of the value of the mortgaged 
property. Such corporation shall not make or renew a col- 
lateral loan under this paragraph on any mortgage in an 
amount exceeding the remaining balance due thereon at the 
time the loan is made or renewed. Before any such collateral 
loan is made or renewed the value of each of the properties 
securing the mortgages offered or pledged as collateral shall 
be certified in accordance with the provisions of paragraph 2 
of section thirty-six. Each of the mortgages accepted as 
collateral and the mortgage note and claim secured thereby 
shall be duly assigned to the corporation and the assignment 
of the mortgage shall be recorded in the proper registry 
of deeds. Such corporation forthwith shall request the 
person or persons liable for payments required by such 
mortgage note or mortgage to make such payments to the 
corporation, and all payments of interest and principal re- 
ceived by it may, in its discretion, be apphed on account of 
sums due or payable on the collateral note or be remitted in 
whole or in part to the borrower thereon. 

Subject to regulations made by the commissioner, such col- 
lateral loans may be made on the pledge as collateral of one or 
more first mortgages of real estate, wherever located, insured 
by the federal housing administrator referred to in paragraph 
11 of section thirty-five and section fifty-one of chapter one 
hundred and sixty-seven, or guaranteed in whole or in part by 
the administrator of veterans' affairs or his successor or suc- 
cessors in office, referred to in chapter forty-six of the acts of 
nineteen hundred and forty-five, as amended ; provided, that 
such collateral loan is made for the purpose of assisting the 
borrower to purchase the mortgages so pledged from a sav- 
ings bank defined in section one. 

2. Authorized Bonds and Notes. — Bonds or notes author- 
ized for investment under any of the provisions of sections 
forty-two to forty-six, inclusive, and section fifty, at no more 
than ninety per cent of the market value thereof while such 
collateral note is held by such corporation. 

3. Deposit Books. — Deposit books of depositors, or of 
either of two joint depositors, in savings banks including 
such corporation, and in savings departments of tnist com- 
panies incorporated under the laws of and doing business 
within this commonwealth, and savings account books of de- 
positors in national banking associations doing business 



Acts, 1955. — Chap. 432. 319 

within this commonwealth, to an amount not exceeding the 
deposit represented by such book; deposit books of depositors 
in savings banks doing business within any state contiguous 
to the commonwealth, to an amount not exceeding ninety- 
five per cent of so much of the deposit represented by such 
book as shall be guaranteed or insured by a corporation or 
fund estabhshed under federal or state law; certificates of 
banking companies doing business in this commonwealth rep- 
resenting certificate funds referred to in sections five and five 
A of chapter one hundred and seventy-two A and savings ac- 
count books of depositors in national banking associations 
and in trust companies doing business within any state con- 
tiguous to the commonwealth, to an amount not exceeding 
ninety-five per cent of so much of the deposit account repre- 
sented by such certificate or book as shall be insured by the 
Federal Deposit Insurance Corporation; savings share ac- 
count books of co-operative banks incorporated in this com- 
monwealth and unpledged shares thereof represented by 
pass books or certificates, to an amount not exceeding ninety- 
five per cent of such account or of the withdrawal value of 
such shares ; and certificates or savings account books of fed- 
eral savings and loan associations doing business within 
this commonwealth, to an amount not exceeding ninety-five 
per cent of so much of the account represented by such cer- 
tificate or book as shall be insured by the Federal Savings 
and Loan Insurance Corporation. 

4. Other Bonds, Notes and Shares. — Other marketable 
bonds, notes or shares of corporations, or of associations as 
defined in section twenty-four, at no more than eighty per 
cent of the market value thereof if readily marketable, and 
at no more than sixty per cent of the market value thereof 
if marketable within a reasonable time. 

5. Life Insurance. — Pohcies issued by hfe insurance com- 
panies authorized to do business in this commonwealth and 
properly assigned to the corporation, to an amount not ex- 
ceeding ninety-five per cent of the cash surrender value of 
such policies; but the aggregate of such loans made by any 
such corporation, and outstanding at any one time, shall not 
exceed seven per cent of its deposits. 

6. Real Estate Leases. — A lease to a corporation, or to an 
association as defined in section twenty-four, herein called 
the lessee, upon real estate occupied or to be occupied by the 
lessee for business, commercial or industrial purposes and 
situated in this commonwealth or in a state contiguous 
thereto. Such lease and all of the rentals and other sums 
payable thereunder shall be assigned and pledged by the 
lessor to such savings bank as security for the loan, and such 
rentals shall be sufficient to provide for repayment of the 
loan within the unexpired term of the lease. There shall be 
an agreement in writing between such bank and the lessee 
which shall provide that, upon written request by the bank, 
the lessee will make all payments of rentals and other sums 
thereafter due under the lease directly to such bank. As ad- 



320 Acts, 1955. — Chap. 432. 

ditional security for such loan a first mortgage of the leased 
real estate shall be given by the owner thereof to such bank 
for the amount of the loan. Any loan made under this para- 
graph shall be payable at or prior to the expiration of such 
lease, but not exceeding twenty years from the date of the 
note secured thereby, and the leased real estate shall be sub- 
ject to revaluation or inspection as provided by paragraph 6 
of section thirty-six. 

Before making any such loan, at least two members of the 
board of investment shall certify in writing (a) to the credit 
standing of such lessee, according to their best judgment or 
as determined upon the opinion of a certified public account- 
ant approved by said board, and (6) to the value of such lease 
and of the real estate to be mortgaged, according to their 
best judgment or as determined upon the signed opinion in 
writing of an appraiser approved by said board. 

No such loan shall be made for a sum in excess of one half 
of one per cent of the deposits of such bank, nor in excess of 
the total cost of the leased land and buildings as determined 
by the board of investment, if the construction or reconstruc- 
tion or substantial improvement of such buildings was com- 
pleted within two years prior to the date of the loan, and not 
in excess of seventy per cent of the value of such land and 
buildings if such construction, reconstruction or substantial 
improvement was completed before the beginning of such 
two years. The aggregate balance of principal of all such 
loans outstanding at any one tune shall not exceed five per 
cent of the deposits of such bank. 

Corporation Notes. 

Section S9. Such corporation may make a loan upon a 
note, with one or more substantial sureties or endorsers: — 
(a) of a corporation incorporated in this commonwealth; or 
(6) of a manufacturing corporation with a commission house 
as surety or endorser, provided that such commission house 
is incorporated in this commonwealth, or has an established 
place of business and a partner resident therein; or (c) of a 
corporation or an association as defined in section twenty- 
four, at least one-half of the real and personal property of 
which is located within the New England states, if at least 
one such surety or endorser is a citizen of or corporation in- 
corporated in this commonwealth; provided, that no such 
loan shall be made or renewed unless within six months pre- 
ceding the making or renewing of such loan an examination 
of the affairs, assets and liabilities of the borrowing corpora- 
tion or association has been made, at the expense of such bor- 
rowing corporation or association, by a certified pubHc ac- 
countant. The report of such examination shall be made in 
such form as the commissioner may prescribe. A copy of 
the report certified to by the accountant shall be delivered 
by the borrowing corporation or association to such bank be- 
fore such loan or any renewal thereof is made. 



Acts, 1955. — Chap. 432. 321 



Loans to Depositors. 

Section Jfi. Such corporation shall, upon application by 
a depositor or by either of two joint depositors therein, make 
a loan to him, secured by his deposit book, in an amount not 
exceeding said deposit account, for a time not extending be- 
yond the end of the dividend period in which the loan was 
made. Said corporation may charge the depositor interest 
for, or may collect discount in advance upon, the loan at a 
rate not exceeding one per cent more than the rate of the 
next preceding ordinary dividend of such corporation; pro- 
vided, that a minimum of one dollar may be charged or col- 
lected as such interest or discount in the case of any such 
loan. The corporation shall keep posted in a conspicuous 
place in its banking rooms a notice containing the substance 
of this section, in such form as the commissioner may pre- 
scribe. 

Certain Provisions Applicable to Other Loans. 

Section 4L The following pro\'isions shall, to the extent 
specified, apply to loans made under the authority of sec- 
tions thirty-seven, thirty-eight or thirty-nine: — 

1. One Year Term. — Loans made under paragraphs 1 to 
5, inclusive, of section thirty-eight and under section thirty- 
nine shall be payable and paid or renewed at a time not ex- 
ceeding one year from the date thereof. 

2. Liolnlities of One Person. — The total liabilities to any 
savings bank of a person, partnership, association or corpora- 
tion for monej'- borrowed thereby under sections thirty-eight 
and thirty-nine, including in the liabilities of a partnership 
or company not incorporated the liabilities of the several 
members thereof, shall not at any one time exceed two per 
cent of the deposits of such bank. In computing such total 
liabihties there shall be included the direct liability of the 
borrower and his liabilit3'' as endorser, guarantor or surety 
on the obligations of others held by the bank. 

3. Aggregate Investment Limit. — Not more than twenty 
per cent of the deposits of an}'' such corporation shall be in- 
vested at any one time in loans made or acquired under the 
provisions of section thirty-seven, paragraphs 1 to 5, inclu- 
sive, of section thirty-eight and section thirty-nine. 

Part III. Bonds and Other Securities. 

Federal, State and International Obligations. 

Section 4^. Any such corporation may invest in bonds, 
notes or other interest bearing obligations of the following 
classes: — 

1. United States. — Direct obligations of the United States, 
or in such obligations as are unconditionally guaranteed as to 
the payment of principal and interest by the United States. 

2. Massachusetts. — Legally issued, assumed or uncondi- 



322 Acts, 1955. — Chap. 432. 

tionally guaranteed bonds, notes or other interest bearing 
obligations of this commonwealth. 

3. Other States. — Legally issued, assumed or uncondition- 
ally guaranteed bonds, notes or other interest bearing obliga- 
tions of any state of the United States other than this com- 
monwealth, which has not within the twenty years prior to 
the making of such investment defaulted for a period of more 
than one hundred and twenty days in the payment of any 
part of either principal or interest of any legally issued or as- 
sumed obligation ; provided, that the full faith and credit of 
such state is pledged for the payment of the principal and in- 
terest of such obligations. 

4. Canada. — Bonds, notes or other obhgations issued or 
guaranteed as to both principal and interest by the Dominion 
of Canada; provided, (a) that such bonds, notes or obhga- 
tions shall be payable in United States funds either uncondi- 
tionally or at the option of the holder thereof; and (b) that 
at the date of investment the said Dominion of Canada shall 
not have been in default in the payment of interest or prin- 
cipal of any of its obligations for a period in excess of thirty- 
one days at any time within the twenty years preceding such 
date of investment. Not more than five per cent of the de- 
posits of any such corporation may be invested in obligations 
authorized under this paragraph. 

5. Other International Obligations. — Bonds, notes or 
obligations issued, assumed or guaranteed by the Inter- 
national Bank for Reconstruction and Development contain- 
ing an unconditional promise to pay, or an unconditional 
guarantee of the payment of, the interest thereon regularly, 
and the principal thereof on or before a specified date, in 
lawful currency of the United States; provided, that not 
more than three per cent of the deposits of any such corpora- 
tion shall be invested in such bonds, notes or obligations ; and 
provided, further, that the commissioner may at any time 
on his own initiative, or shall, upon the written request of 
the directors of the Mutual Savings Central Fund, Inc., 
suspend the authorization granted by this paragraph for such 
period or periods as he may determine. 

Municipal Obligations. 

Section 48. Any such corporation may invest in bonds, 
notes or other interest bearing obligations of the following 
classes : — 

1. Massachusetts. — Legally issued or assumed bonds, 
notes or other interest bearing obligations of a county, city, 
town or legally established district of this commonwealth. 

2. Other States. — Legally issued or assumed bonds, notes 
or other interest bearing obligations of any city or town of 
any other state of the United States, which was incorporated 
as such at least ten years prior to the date of such investment; 
provided (a) that the population of such city or town at the 
date of such investment is not less than thirty thousand nor 



Acts, 1955. — Chap. 432. 323 

more than one hundred thousand, and the net indebtedness 
thereof does not exceed six per cent of the last preceding 
assessed valuation of the taxable real property therein, or 
(6) that the population of such city or town at the date of 
such investment is more than one hundred thousand, and the 
net indebtedness thereof does not exceed eight per cent of 
such assessed valuation. Said population shall be as estab- 
lished by the last national or state census or city or town cen- 
sus, taken in the same manner as a national or state census 
and certified by the clerk of said city or town. As used in 
this paragraph the words "net indebtedness" shall mean the 
indebtedness of a city or town, omitting debts created for 
supplying the inhabitants with water or electricity, or both, 
and debts created in anticipation of taxes to be paid within 
one year from date of issue, and deducting the amount of 
sinking funds available for the payment of the indebtedness 
included. The provisions of this paragraph shall not author- 
ize investments in obligations of any city or town situated 
outside this commonwealth which has been in default for 
more than one hundred and twenty days in the payment of 
any part of principal or interest of such obligations within ten 
years immediately preceding the making of such investment. 
3. Full Faith and Credit Requii'ement. — The full faith and 
credit of the county, city, town or district shall be pledged 
for the full payment of principal and interest of all bonds, 
notes or other interest bearing obligations legal for invest- 
ment under any provision of this section. Without limiting 
the generality of the foregoing provisions of this section, they 
shall be construed to mean that bonds, notes or other in- 
terest bearing obligations of counties, cities, towns or dis- 
tricts shall not be legal for such investment if the power of 
said political subdivisions to levy taxes on the taxable real 
property therein for the full payment of principal and in- 
terest of such obligations is limited as to rate or amount. 

Railroad Obligations. 

Section 44- Any such corporation may invest in bonds, 
notes or other interest bearing obligations of railroad cor- 
porations subject to the conditions, limitations and require- 
ments of tliis section. 

A. Bonds. 

1. Location. — Such obligations must be those of a railroad 
incorporated in the United States or any state thereof and 
which is doing business principally within the United States. 

2. Defavlts. — Such obligations shall not be in default and 
the railroad corporation which operates the railroad upon 
which such obligations are secured shall not, at the date of 
investment, be in default as to payment of principal or in- 
terest of anj'' of its obligations or in the payment of rental for 
leased lines or terminal facihties, but nothing in this sub- 
division A shall prevent investment in obligations of a cor- 



324 Acts, 1955. — Chap. 432. 

poration which shall have undergone financial readjustment 
under provisions of the federal bankruptcy laws or through 
equity receivership. 

3. Gross Revenues. — In the period consisting of the three 
calendar years last preceding the date of investment for 
which the necessary statistical data are available the rail- 
road corporation which operates the railroad upon which 
such obligations are secured shall have had gross revenues 
equal to at least one-quarter of one per cent of the combined 
gross revenues of all class I railroads exclusive of switching 
and terminal companies. 

4. Income Available for Fixed Charges. — In the period con- 
sisting of the three calendar years last preceding the date of 
investment for which the necessary statistical data are avail- 
able, the railroad corporation which operates the railroad 
upon which such obligations are secured shall have had an 
average income available for fixed charges so that : — 

(a) Fixed charges coverage, as hereinafter defined, will be 
at least equal to one and one-quarter times the annual fixed 
charges of the said railroad corporation as of the date of in- 
vestment and will be at least equal to that of all class I rail- 
roads combined, exclusive of switching and terminal com- 
panies; and 

(&) The margin of safety, as hereinafter defined, will be at 
least equal to that of all class I railroads combined, exclusive 
of switching and terminal companies. 

5. Interest and Principal Payments. — Such obligations 
shall contain an unconditional promise to pay the interest 
thereon regularly and to pay the principal at a specified date, 
which promise may be modified, if at all, only by vote of 
holders of at least seventy-five per cent in amount of such 
bonds. 

6. Security. — Such obligations shall be secured : — (a) By 
a direct or a collateral mortgage lien on a railroad owned, 
directly or beneficially, by a railroad corporation which 
meets the requirements of paragraphs 1, 2, 3 and 4; or 

(6) By a direct or a collateral mortgage lien on a railroad 
owned, directly or beneficially, by a corporation which leases 
the mileage to a railroad corporation which meets the re- 
quirements of paragraphs 1, 2, 3 and 4 under a lease which 
extends at least three years beyond the maturity of such ob- 
ligations and which provides for unconditional payment of 
interest on all funded indebtedness and for the payment or 
refunding of such obligations at maturity; except that the 
lease need not contain such provisions if such bonds are 
guaranteed by endorsement unconditionalh'- as to principal 
and interest by said lessee railroad corporation; or 

(c) By the irrevocable pledge of bonds, notes or other 
evidences of indebtedness which would be legal investments 
for savings banks if held directly, and the principal amount of 
bonds, notes or other evidences of indebtedness so pledged 
is equal at least to the principal amount of such obligations 
outstanding. 



Acts, 1955. — Chap. 432. 325 

7. Definitions. — Except as hereinafter provided in this 
paragraph 7 and in paragraph 8 of subdivision B, the terms 
used in this section shall have the meanings given them by the 
Interstate Commerce Commission in its reports and in its 
system of uniform accounts for railroads. 

(a) The term "income available for fixed charges" shall 
mean the amounts so shown in reports to the Interstate Com- 
merce Commission except that any federal income taxes 
deducted or any rebates of such taxes included, in arriving at 
such "income available for fixed charges" shall be restored or 
eliminated, respectivelj'', to the end that the net amount 
to be used shall be the income available for charges before 
federal income tax charges or credits. 

(b) The term "annual fixed charges" shall mean the sum 
of fixed annual interest on all indebtedness outstanding at the 
date of investment plus the annual rental for leased roads 
which is called for under the terms of the lease or leases in 
the fight of the capitalization of such leased road or roads as 
of the date of investment, except that interest on indebted- 
ness which is to be retired with funds in hand at the date 
of investment under the terms of a binding agreement shall 
be excluded from such annual fixed charges. 

(c) As applied to individual operating railroad corpora- 
tions, the term "fixed charges coverage" shall mean the 
quotient obtained by dividing the average income available 
for charges in the three calendar years immediately preceding 
the date of investment by the annual fixed charges at the 
date of investment. As applied to all class I railroads com- 
bined said words shall mean the quotient obtained by divid- 
ing the average income available for charges in the three 
calendar j'^ears immediatelj'' preceding the date of invest- 
ment by the combined fixed charges for the calendar year im- 
mediately preceding the date of investment. 

(d) As applied to individual operating railroad corpora- 
tions, the "margin of safety" shall be determined by de- 
ducting from the average income available for charges in the 
three calendar years last preceding the date of investment 
the fixed charges at the date of investment, and thereafter 
dividing the remainder by the average gross revenues in said 
three calendar years. As applied to all class I railroads com- 
bined, the "margin of safety" shall be determined by de- 
ducting from the average income available for charges in the 
three calendar years last preceding the date of investment the 
fixed charges in the calendar year immediately preceding the 
date of investment, and thereafter dividing the remainder by 
the average gross revenues in said three calendar years. 

(e) A railroad shall be deemed to be owned beneficially by 
a railroad corporation when the latter operates such railroad 
and owns at least ninety per cent of each class of outstanding 
capital stock, and ninety per cent of each class of outstand- 
ing bonds, notes and other evidences of indebtedness, of the 
corporation which is the legal owner of the physical prop- 
erty. The earnings of such beneficially owned railroad shall, 



326 Acts, 1955. — Chap. 432. 

when published separately, be consolidated with the earnings 
of the operating railroad corporation for the purposes of this 
subdivision A. 

(/) Obligations shall be deemed to be secured by a col- 
lateral mortgage lien if they are secured by an irrevocable 
pledge of at least ninety per cent of each class of outstanding 
capital stock, and ninety per cent of each class of outstanding 
bonds, notes and other evidences of indebtedness, of the rail- 
road corporation which is the legal owner of the physical 
property. 

(g) Obligations shall be deemed to include only bonds and 
notes issued or assumed by a railroad corporation and equip- 
ment securities unconditionally guaranteed as to the pay- 
ment of principal and interest by such a corporation. If such 
a corporation has acquired a line of railroad subject to the 
lien of previously existing bonds and shall have subsequently 
issued bonds of its own, which bonds are secured, in whole 
or in part, by a junior lien on such line of railroad, then the 
corporation shall be deemed, for the purposes of this sub- 
division A, to have assumed the previously existing bonds. 

8. Investment Limitations. — Not more than twenty per 
cent of the deposits of any such bank shall be invested in 
railroad obligations. Not more than one and one-half per 
cent of the deposits of any such bank shall be invested in the 
obligations of any one operating railroad corporation, in- 
cluding its direct and assumed obligations and including also 
the obhgations of lessor railroad corporations which derive 
seventy-five per cent or more of their income from leases of 
their railroads to said operating railroad corporation. This 
provision as to amounts to be invested in railroad obligations 
shall hmit, by inclusion, amounts invested in railroad 
obligations eligible under the provisions of subdivision B of 
this section and amounts invested in railroad (but not rail- 
road terminal company) obligations authorized for invest- 
ment under the provisions of section fifty. 

B. Equipment Obligations. 
Investments in railroad equipment obhgations shall be 
subject to the conditions, limitations and requirements of the 
following paragraphs 1 to 8, inclusive. 

1. Location. — Such equipment obligations shall be those 
of, or guaranteed by, a railroad incorporated in the United 
States or any state thereof and which is doing business prin- 
cipally within the United States. 

2. Defaults. — Such equipment obligations shall not be 
in default and the railroad corporation which is the obligor or 
guarantor in respect to such obligations shall not, at the date 
of investment, be in default as to payment of principal or 
interest of any of its obligations or in the payment of rental 
for leased Hues or terminal faciUties, but nothing in this sub- 
division B shall prevent investment in equipment obligations 
issued, assumed or guaranteed by a railroad corporation 
which shall have undergone financial readjustment under 



Acts, 1955. — Chap. 432. 327 

provisions of the federal bankruptcy laws or through equity 
receivership. 

3. G7'oss Revenues. — In the period consisting of the three 
calendar years next preceding the date of investment the 
railroad corporation which has issued, assumed or guaranteed 
such obligations shall have had gross revenues equal to at 
least one-quarter of one per cent of the combined gross 
revenues of all class I railroads exclusive of switching and 
terminal companies. 

4. Net Railway Operating Income. — The railroad cor- 
poration which shall have issued, assumed or guaranteed such 
equipment obligations shall have had, in the three calendar 
years next preceding the date of investment, an average of 
net railway operating income at least equal to its total 
annual fixed charges as of the date of investment, at least 
equal to three times the annual interest on all its equipment 
obligations outstanding as of the date of investment, and at 
least equal to eight per cent of its average gross revenues of 
the same three years. 

5. Security. — Such equipment obligations shall be secured 
by a first lien on, or by a lease of, or conditional sale of, new 
railroad equipment of standard gauge, free from any other 
encumbrance, for the purchase of which obligations were 
issued at not exceeding ninety per cent of the purchase price 
of such equipment; provided that, pending the completion 
and dehvery of the equipment, such obligations may be 
secured by cash, deposited with or to the credit of the trustee 
under the mstrument under which such securities were 
issued, in an amount not less than the principal amount of 
all such obhgations outstanding. 

6. Payment, Maintenance and Substitution. — The in- 
strument under which such equipment obligations are issued, 
or the lease or conditional sale of such equipment, shall pro- 
vide for the proper maintenance and replacement of such 
equipment, and for the payment of the entire issue of such 
obhgations in not exceeding fifteen approximately equal 
annual, or in thirty approximately equal semi-annual, in- 
stalments from the date of issue, without the release of any 
part of the hen or interest in any part of the equipment 
securing such obligations until the entire issue of the series so 
secured shall have been paid or redeemed; provided, that 
such instrument may permit the release therefrom of any 
equipment covered thereby upon the condition that, as 
security in lieu thereof, there shall be deposited with or to 
the credit of the trustee under the instrument, cash or bonds, 
notes or certificates of indebtedness of the United States, or 
of any state thereof, equivalent to the fair value of the equip- 
ment released, and that such deposit may be subsequently 
in whole or in part withdrawn and used for the purchase of 
additional railroad equipment of standard gauge, to be sub- 
stituted in heu thereof free from any other encumbrance, of 
material and construction substantially as good as, and of a 
value equal to the value of, the equipment previously released. 



328 Acts, 1955. — Chap. 432. 

7. Guaranty. — Such equipment obligations shall be 
guaranteed by endorsement as to principal and interest or 
dividends by a railroad corporation which meets the re- 
quirements of this subdivision B. 

8. Definitions. — Definitions contained in paragraph 7 of 
subdivision A shall apply to this subdivision B. The term 
"net railway operating income" shall mean the amount so 
shown in reports to the Interstate Commerce Commission 
except that any federal income taxes deducted, or rebates of 
such taxes included, in arriving at such "net railway operat- 
ing income" shall be restored or eliminated respectively to 
the end that the net amount to be used shall be the net 
railway operating income before federal income tax charges 
or credits. 

Telephone Company Obligations. 

Section 1^5. Any such corporation may invest in bonds, 
notes or other obHgations of telephone companies of the 
following classes, subject to the conditions, limitations and re- 
quirements of this section. 

1. Mortgage Bonds. — The mortgage bonds, as hereinafter 
described, maturing not later than forty years subsequent to 
the date of such investment, of any telephone company in- 
corporated under the laws of the United States or of any 
state thereof, and doing business in any state of the United 
States, including in such term the District of Columbia, on 
the continent of North America, and which is operating under 
the supervision of a pubUc service or similar commission of 
the United States or of any state thereof exercising regulatory 
jurisdiction therein; 

(a) Provided, that during each of the five fiscal years of 
such telephone company immediately preceding the date of 
such investment, 

(1) The gross income of such telephone company shall have 
been not less than five million dollars, and 

(2) Such telephone company shall not have been in de- 
fault in the payment of the principal or interest on any of its 
indebtedness; and 

(b) Provided, further, that in any five of the six fiscal 
years inamediately preceding the date of such investment the 
net income of such telephone company, as shown by its an- 
nual reports or other sworn returns to the federal, state or 
municipal authorities, shall have been at least twice the 
amount necessary to pay the interest for the same period 
on the company's total outstanding indebtedness; and 

(c) Provided, further, that at the end of the fiscal year 
immediately preceding the date of such investment the out- 
standing fully paid capital stock of any such telephone com- 
pany, together with the total of all surplus accounts as shown 
by the books of such company, shall be equal to at least 
two-thirds of its total funded debt. 

(d) Such bonds shall be issued under an indenture which 



Acts, 1955. — Chap. 432. 329 

cannot be changed so as to alter the obligations of the com- 
pany to pay the principal thereof at maturity, or to pay the 
interest at the rates and on the dates specified in such bonds, 
except with the consent of the holder or holders of the bond 
or bonds affected, and such bonds shall be secured by a first 
or junior mortgage lien upon all or part of the fixed property 
of such company, but the aggregate principal amount of all 
its mortgage bonds shall not exceed sixty-five per cent of the 
depreciated value of the fixed property of the company as 
shown by its books. No junior mortgage bond shall quahfy 
under this clause {d) unless under the terms of the indenture 
under which it was issued all underlying mortgages must be 
paid at maturity, or refunded by such junior mortgage. Such 
underlying mortgages shall be closed except for the purpose 
of issuing additional bonds to be pledged under such junior 
mortgage. 

2. Obligations of Largest Company. — Other bonds or 
notes, maturing not later than forty years subsequent to the 
date of such investment, of any telephone company in- 
corporated under the laws of, and doing business in, any state 
of the United States, including in such term the District of 
Columbia, on the continent of North America, which is 
operating under the supervision of a public service or other 
similar regulatory commission of the United States or of any 
state thereof; 

(a) Provided, that during each of the five fiscal years of 
such telephone company immediately preceding the date of 
such investment such telephone company shall not have been 
in default in the payment of principal or interest on any of its 
indebtedness; and 

(b) Provided, further, that in any five of the six fiscal 
years immediately preceding the date of such investment the 
net income of such company, as shown by its annual reports 
or other sworn returns to the federal, state or municipal 
authorities, shall have been not less than four times the 
amount necessary to pay the interest for the same period on 
the company's total outstanding indebtedness; and 

(c) Provided, further, that for the fiscal year immediately 
preceding the date of such investment the amount of income 
available for dividends of such company shall have been not 
less than one hundred million dollars. 

3. Bonds of Certain Other Companies. — Bonds, other than 
mortgage bonds, maturing not later than forty years sub- 
sequent to such investment, of any telephone company in- 
corporated under the laws of, and doing business in, any state 
of the United States, including in such term the District of 
Columbia, on the continent of North America, which is 
operating under the supervision of a public service or other 
similar regulatory commission of the United States or of any 
state thereof; 

(a) Provided, that during each of the five fiscal years of 
such telephone company immediately preceding the date of 
such investment, 



330 Acts, 1955. — Chap. 432. 

(1) The gross income of such telephone company shall have 
been not less than twenty milUon dollars, and 

(2) Such telephone company shall not have been in default 
in the payment of the principal or interest on any of its 
indebtedness; and 

(6) Provided, further, that in any five of the six fiscal 
years immediately preceding the date of such investment the 
net income of such company, as shown by its annual reports 
or other sworn returns to the federal, state or municipal 
authorities, shall have been not less than three times the 
amount necessary to pay the interest for the same period on 
the company's total outstanding indebtedness; and 

(c) Provided, further, that, 

(1) At the end of the fiscal year immediately preceding the 
date of investment, except as otherwise provided in para- 
graph 4 (c) of this section, such bonds, whether secured by 
collateral or whether unsecured debentures, together with all 
other indebtedness of such company, both funded and cur- 
rent, shall total not more than fifty-five per cent of the sum 
of the depreciated value of the fixed property, the cash ac- 
counts, the receivables, and inventories of materials and 
supphes, all as shown by its books, and that 

(2) Such collateral trust or debenture bonds shall be issued 
under an indenture by the terms of which no bonds secured 
by an existing mortgage may be issued in excess of the 
amount outstanding under such mortgage at the date of such 
indenture and any new mortgage, other than a purchase 
money mortgage, which may thereafter be placed on prop- 
erty of the company shall secure such collateral trust or de- 
benture bonds at least equally and ratably with any other 
debt to be secured thereby. 

4. Definitions. — In paragraphs 1, 2 and 3 of this section, 
unless the context otherwise requires, 

(a) "Gross income" shall mean the total operating reve- 
nues received from the operation of all properties owned or 
leased and operated by such telephone company, and "in- 
come available for dividends" shall mean the amount deter- 
mined as such by the system of accounts prescribed by the 
Federal Communications Commission. 

(6) "Net income" shall mean the amount available for in- 
terest charges after deduction has been made for all operat- 
ing expenses, including current maintenance, provision for 
depreciation, all taxes except income taxes, and all rentals 
and guaranteed interest or dividends. 

(c) In the case of a new issue of bonds, notes or capital 
stock, the terms "total assets", "depreciated value of fixed 
property", "bonds and notes outstanding", "funded debt", 
"mortgage debt", "capital stock" and "surplus accounts", 
shall mean the amount to be shown by the books of the cor- 
poration after the issuance and sale of such new issues of 
bonds, notes or capital stock, except that there may be added 
to the depreciated value of the fixed property, that portion 
of the proceeds of the sale of the new issue or issues which is 



Acts, 1955. — Chap. 432. 331 

to be used for additions to such property under the terms of 
a binding agreement. 

5. Investment Limitations. — Not more than fifteen per 
cent of the deposits of any such bank shall be invested in 
the bonds of telephone companies, nor shall more than two 
per cent of such deposits be invested in the bonds of any one 
telephone company. This provision shall limit, by inclusion, 
any amounts invested in bonds of telephone companies au- 
thorized for investment under the provisions of section fifty. 

Public Service Company Obligations. 
A. Massachusetts Companies. 

Section 4.6. Such corporation may invest in bonds, notes 
or other interest bearing obligations of a gas, electric light 
or water company incorporated or doing business in this 
commonwealth and subject to the control and supervision 
thereof; provided, that the net earnings of such company, 
after payment of all operating expenses, taxes and interest 
as reported to, and according to the requirements of, the 
proper authorities of the commonwealth, have been, in each 
of the three fiscal years preceding the making or renewing of 
such investment, equal to not less than four per cent on all 
its capital stock outstanding in each of said years; and pro- 
vided, further, that the gross earnings of said company in 
the fiscal year preceding the making or renewing of such in- 
vestment have been not less than one hundred thousand dol- 
lars. A fist of the companies the securities of which prima 
facie comply with the requirements of this subdivision A 
shall be furnished annually by the proper authorities of the 
commonwealth having supervision over such companies, to 
the commissioner at such time after June sixteenth in each 
year as he shall designate. 

B. Other Companies. 

Such corporation may invest in the bonds, maturing not 
later than forty years subsequent to the date of such invest- 
ment, issued or assumed by any company incorporated un- 
der the laws of the United States or of any state thereof, sub- 
ject to the conditions, limitations and requirements of this 
subdivision B. 

1. Types of Operation. — Such company shall be engaged 
in any or all of the following functions: — 

(a) In the sale and distribution of electricity, or in such 
sale and distribution and also in some other form of public 
service enterprise; 

(6) In the manufacture and distribution of artificial gas; 
and 

(c) In the sale and distribution of natural gas supphed in 
substitution for and in mixture with artificial gas; but in no 
case shall the bonds of any company which in the year pre- 
ceding the date of investment shall have derived more than 



332 Acts, 1955. — Chap. 432. 

forty per cent of its gross revenues from the sale and distri- 
bution of natural gas become a legal investment unless said 
company maintains at all times full facilities for the manu- 
facture of artificial gas in quantities sufficient to supply the 
normal demand. 

2. Scope of Franchises. — Such company shall have fran- 
chises to operate in territory in which at least seventy-five 
per cent of its gross operating revenue was earned thereun- 
der in its fiscal year immediately preceding the date of such 
investment. 

3. Debt Payment and Net Income. — (a) During each of 
the five fiscal years immediately preceding the date of such 
investment, such company shall have paid the matured prin- 
cipal of and interest on all its indebtedness, and (6) the net 
income of such company for the fiscal year immediately pre- 
ceding the date of such investment, and the average of net 
income of such company for the five fiscal years immediately 
preceding the date of such investment, as shown by its an- 
nual reports or other sworn returns to the Federal Power 
Commission or to a state public service or other similar com- 
mission, shall have been not less than one and three-quarter 
times the amount necessary to pay the interest for the same 
periods on its total outstanding indebtedness, except that if 
less than sixty per cent of the gross operating revenue of the 
company has been derived from the sale and distribution of 
electricity, such net income shall have been not less than 
twice the amount necessary to pay such interest. As used 
herein "net income" shall mean the amount available for 
interest charges after deduction has been made for all oper- 
ating expenses, including current maintenance, provision for 
depreciation, amortization, all taxes except income taxes, and 
all rentals and guaranteed interest or dividends, and after 
deducting the net income as determined by the foregoing 
method, derived from the sale of natural gas where stand-by 
facilities are not maintained for the manufacture of artificial 
gas in quantities sufficient to supply the normal demand for 
gas. 

4. Scope of Business and Revenue. — For its fiscal year im- 
mediately preceding the date of such investment, — (a) such 
company shall have done at least eighty per cent of its busi- 
ness in the United States or any state thereof, including in 
such term the District of Columbia, on the continent of 
North America; and (6) the gross operating revenue of the 
company issuing or assuming such bonds shall have been 
not less than one million dollars, and of such revenue at 
least seventy-five per cent shall have been derived from the 
sale and distribution of electricity, artificial gas and natural 
gas, or any one or more of them, and not exceeding twenty 
per cent from the operation of a transportation system. 

5. Capital Accounts Ratio. — At the date of investment, 
the outstanding fully paid capital stock and surplus of such 
company shall be equal to at least sixty per cent of its total 
funded debt. "Funded debt", as used herein, shall mean 



Acts, 1955. — Chap. 432. 333 

all interest bearing debt, whether secured or unsecured, ma- 
turing more than one year from its date of issue, but exclud- 
ing bonds of the company held as collateral to secure other 
of its outstanding obligations. 

6. Security and Debt Limit. — Such bonds shall be issued 
under an indenture which cannot be changed so as to alter 
the obligations of the company to pay the principal at ma- 
turity, or to pay the interest at the rates and on the dates 
specified in such bonds, except vdth the consent of the holder 
or holders of the bond or bonds affected, and such bonds shall 
be secured by either a first or junior mortgage upon all or 
part of the fixed property of such company, but the aggre- 
gate principal amount of all its mortgage bonds shall not 
exceed seventy-five per cent of the depreciated value of the 
fixed property of the company as shown by its books except 
that there may be added to the depreciated value of the fixed 
property as shown by its books, the amount of any cash 
which is to be used for additions to the fixed property in ac- 
cordance with terms of a binding agreement. No junior 
mortgage bond shall qualify under this paragraph unless 
under the terms of the indenture under which it was issued 
all underlying mortgages must be paid at maturity, or re- 
funded by such junior mortgage. Such underlying mort- 
gages shall be closed except for the purpose of issuing addi- 
tional bonds to be pledged under such junior mortgage. If 
such junior mortgage, or, in the absence of a junior mortgage, 
the first mortgage, is not closed, it shall provide for the issu- 
ance of additional bonds for extensions, improvements and 
property acquisitions only for an amount not exceeding 
eighty per cent of the actual cost of such extensions, im- 
provements and property acquisitions. 

7. Merger. — If, during any of the periods mentioned in 
subdivision B of this section, such company has been con- 
soUdated by purchase or otherwise, the aggregate operating 
figures, exclusive of inter-company charges, and the consoU- 
dated balance sheet figures, may be considered to determine 
whether the requirements of said subdivision have been 
satisfied. 

8. Investment Limitations. — Not more than twenty per 
cent of the deposits of any such bank shall be invested in 
obligations under this section, nor shall more than two per 
cent of such deposits be invested in the obhgations of any one 
such company. This provision shall hmit, by inclusion, any 
amounts invested in obhgations of companies engaged in the 
sale and distribution of electricity or gas, or both, authorized 
for investment under the provisions of section fifty. 

Bank Stocks. 

Section 1^7. Such corporation may invest in the common 
stock of the following banking corporations, subject to the 
conditions, limitations and requirements of this section. 

1. Massachusetts Bank Stocks. — In the common stock, 
provided there is no preferred stock outstanding, of a trust 



334 Acts, 1955. — Chap. 432. 

company incorporated under the laws of and doing business 
within this commonwealth, or in the common stock, pro- 
vided there is no preferred stock outstanding, of a national 
banking association doing business within this common- 
wealth, which, in either case, in each of the five years im- 
mediately preceding the date of investment, has paid divi- 
dends in cash of not less than four per cent on its common 
stock without having reduced the aggregate par value thereof 
within such five year period, and which, in either case, at the 
date of investment, has surplus at least equal to fifty per cent 
of its capital stock. 

2. Other Bank Stocks. — In the common stock, provided 
there is no preferred stock outstanding, of a national bank- 
ing association or trust company doing business anywhere 
within the United States, which is a member of the federal 
reserve system, and which has a combined total of capital 
stock, surplus and undivided profits equal to at least forty 
million dollars and also equal to at least six per cent of its 
aggregate deposit liability at the end of the calendar year 
immediately preceding the date of investment, and which 
in each of the ten years immediately preceding the date of 
investment has paid dividends in cash of not less than four 
per cent on its common stock without having reduced the 
aggregate par value thereof within such ten year period. 

3. Bank Stock Investment Limitations. — Investments in 
any such bank stocks shall be subject to the limitations con- 
tained in the following clauses (a), (b) and (c): — 

(a) Aggregate Investment. — No such corporation shall in- 
vest additional funds in stocks of such companies or associa^- 
tions if the cost thereof added to the amount already invested 
in such stocks and in fire insurance stocks referred to in sec- 
tion forty-eight, shall exceed two-thirds of the total of the 
guaranty fund and surplus of such corporation, referred to 
in section fifty-seven, appearing immediately following the 
pa3anent or provision for payment of its next preceding 
dividend. 

(6) Investment Limit in One Company. — No such corpora- 
tion shall invest additional funds in the stock of any one such 
company or association if the cost thereof added to the 
amount already invested in its stock shall exceed one-fifteenth 
of the total of said guaranty fund and surplus of such corpora- 
tion, as so appearing. 

(c) Stockholding Limit in One Company. — No such cor- 
poration shall purchase or accept as collateral for loans ad- 
ditional stock of any one such company or association if the 
result of such purchase or acceptance would be to make its 
total holdings of such stock by way of investment and as 
collateral exceed fifteen per cent of the outstanding stock of 
such company or association. 

Fire Insurance Company Stocks. 

Section J^8. Such corporation may invest in the capital 
stock of any insurance company authorized to conduct a fire 



Acts, 1955. — Chap. 432. 335 

insurance business in this commonwealth, subject to the con- 
ditions, hmitations and requirements of this section. 

1. Net Premiums. — In the period consisting of the five 
years immediately preceding the date of investment not less 
than fifty per cent of the net premiums written by such com- 
pany and its subsidiaries shall have been in respect to risks 
involving loss of or damage to property belonging to or in the 
custody of the insured, which risks are hereinafter referred 
to as fire and allied risks. Not over one-third of the net pre- 
miums written in the same period shall have been in respect 
to hability of owners or operators of motor vehicles for per- 
sonal injuries or property damage. 

2. Subsidiary Defined. — For the purposes of this section, 
"subsidiary" shall be construed to mean any insurance com- 
pany fifty per cent or more of the capital stock of which is 
owned by such insurance company or by any other subsid- 
iary thereof. 

3. Large Company Requirement. — At the end of the year 
immediately preceding the date of investment such company, 
as measured by total admitted assets, shall be one of the 
twenty-five largest American fire insurance companies a ma- 
jority of the stock of which is not owned by five or less stock- 
holders. 

4. Operating Profit Ratio. — Of the twenty-five companies 
referred to in paragraph 3, such company shall be one of the 
twelve having the highest average operating profit ratio for 
the five years immediately preceding the date of investment. 
The annual operating profit ratio of each of the five years 
preceding the date of investment shall be calculated by sub- 
tracting from one hundred per cent the ratio of loss and loss 
adjustment expense to net premiums earned and thereafter 
subtracting from the remainder the ratio of other operating 
expenses, excluding all income taxes, to net premiums writ- 
ten. The ratios of the five years immediately preceding the 
date of investment shall be averaged to obtain the measure- 
ment. The losses, expenses, premiums written and profits 
earned referred to above shall be the totals of such items for 
such company and all its insurance subsidiaries, except that, 
if less than ninety per cent of the capital stock of a subsidiary 
is owned by such company, the totals of said items for such 
subsidiary shall be included in the calculation only in propor- 
tion to the percentage of stock so owned. 

5. Capital Funds and Reserves. — At the end of the year 
immediately preceding the date of investment, the combined 
total of capital stock, surplus and voluntary reserves of such 
company and its insurance subsidiaries shall be at least eighty 
per cent of the sum of all of the unearned premiums in respect 
to all fire and allied risks plus one-half of the unearned pre- 
miums in respect to accident and health policies and policies 
covering liability of the insured for injury or damage to the 
person or property of others. As used in this paragraph the 
term "voluntary reserves" shall be construed to mean all 
sums allocated to reserve accounts in policyholders' surplus, 



336 Acts, 1955. — Chap. 432. 

and shall not be construed to include any reserve accounts 
classified as liabilities in the annual statements of fire insur- 
ance companies and their subsidiaries filed with the division 
of insurance of this commonwealth. 

6. Dividends. — Such company shall have paid a dividend 
in cash in each of the ten years preceding the date of invest- 
ment. 

7. Other Limitations. — The following additional limita- 
tions also shall apply to stocks of fire insurance companies: — 

(a) Preferred Stock, etc. — Such company shall have no 
preferred stock or other senior securities outstanding at the 
date of investment. 

(6) Aggregate Investment Limit. — No insurance stock 
shall be purchased and no additional investment in bank 
stock shall be made if the cost thereof added to the cost of 
insurance stocks and bank stocks already owned shall exceed 
two-thirds of the total of the guaranty fund and surplus of 
such corporation, referred to in section fifty-seven, appear- 
ing as pro^dded in paragraph 3 (a) of section forty-seven. 

(c) Investment Limit in One Company. — No investment 
shall be made in the stock of any one fire insurance company 
if the cost thereof added to the amount already invested in 
its stock shall exceed one-fifteenth of the total of said guar- 
anty fund and surplus of such corporation, as so appear- 
ing. 

{d) Calendar Year Investment Limit. — In any one calendar 
year no additional investment in the stock of fire insurance 
companies shall be made in an amount in excess of one- 
tenth of the total of said guaranty fund and surplus of such 
corporation, as so appearing. 



Miscellaneous Securities. 

Section Jf.9. Such corporation may invest in securities of 
any of the classes described below in this section. 

1. Shares of Savings Bank Investment Fund. — Shares of 
beneficial interest of the Savings Bank Investment Fund; 
provided, that no such corporation shall invest more than 
six per cent of its deposits in such shares. 

2. Bankers' Acceptances, etc. — Bankers' acceptances and 
bills of exchange of the kinds and maturities made ehgible 
by law for rediscount with federal reserve banks; provided, 
that the same are accepted by a bank, banking association 
or trust company incorporated under the laws of the United 
States or of this commonwealth, and having its principal 
place of business within the commonwealth, subject to other 
limitations, as follows : — 

(a) Aggregate Investment Limit. — Not more than ten per 
cent of its deposits shall be invested by any such corporation 
in bankers' acceptances or bills of exchange. 

(6) Investment Limit in One Company. — Not more than 
five per cent of its deposits shall be invested by any such 



Acts, 1955. — Chap. 432. 337 

corporation in the acceptances and bills of exchange eligible 
by law for rediscount in federal reserve banks of any one ac- 
cepting bank or trust company; and the aggregate amount of 
bankers' acceptances and bills of exchange of any one bank, 
banking association or trust company held by any such cor- 
poration shall not exceed twent3^-five per cent of the paid-up 
capital and surplus of such bank, banking association or trust 
company. 

3. Farm Loan Bonds. — Farm loan bonds lawfully issued 
by federal land banks incorporated under the act of Congress 
approved July seventeenth, nineteen hundred and sixteen, 
entitled "An act to provide capital for agricultural develop- 
ment, to create standard forms of investment based upon 
farm mortgage, to equalize rates of interest upon farm loans, 
to furnish a market for United States bonds, to create gov- 
ernment depositaries and financial agents for the United 
States, and for other purposes", and any amendment to said 
act. 

4. Federal Intermediate Credit Banks. — Consolidated ob- 
hgations of the federal intermediate credit banks when such 
obligations will mature in or within one year from the date 
of investment therein. 

5. Securities Acquired. — The following provisions of this 
section shall govern securities acquired by any such corpora- 
tion, as the result of settlements : — 

(a) Settlements. — Such corporation may consent to any 
settlement, modification, exchange or readjustment of any 
investments in securities made by such corporation and 
may accept and hold bonds, notes, stocks or other securities 
offered in full or partial settlement, modification or readjust- 
ment of any such investment pursuant to a merger, consoli- 
dation, reorganization or otherwise. Such corporation may 
hold bonds, notes, stocks or other securities acquired in set- 
tlements effected to secure loans or indebtedness. Securities 
so accepted or acquired that do not satisfy the legal require- 
ments for investments by savings banks at the time of ac- 
ceptance or acquisition shall be held in the securities ac- 
quired account. 

(h) Disposition. — Such corporation may hold securities 
accepted or acquired under the provisions of this paragraph 
5 and held in its securities acquired account, for a period of 
five years following the acceptance and acquisition thereof; 
but the commissioner, on petition of the board of investment 
of such corporation and for cause, or in his discretion, may 
grant additional periods of time for the holding of such securi- 
ties. The preceding sentence shall not apply to the securities 
of any railroad company domg business in this common- 
wealth received by such corporation before January first, 
nineteen hundred and forty-three, pursuant to the reorgani- 
zation, refinancing, or otherwise, of any such company; but 
the commissioner may. at any time after the expiration of five 
years following the acceptance and acquisition of any such se- 
curities, order the sale or other disposition thereof. 



338 Acts, 1955. — Chap. 432. 



Additional Investments Authorized. 

Section 50. Such corporation may invest in securities, not 
otherwise ehgible for investment by a savings bank under any 
other provision of this chapter or under any other apphcable 
provision of law; provided, that such securities are approved 
for investment in accordance with the following conditions, 
limitations and requirements of this section. 

1. Classes of Securities. — The securities eligible for ap- 
proval for investment under this section may include inter- 
est bearing obligations of the following: — obligations of any 
state, county, city, town or district, or of any subdivision or 
instrumentality thereof, and of any toll bridge, toll road, 
turnpike or other authority estabUshed under the laws of the 
United States or of any state, county, town or district, in- 
cluding obligations of any of the foregoing payable from 
specified revenues; obligations of any corporation organized 
under the laws of the United States or of any state ; and ob- 
ligations of any association, as defined in section twenty-four, 
having its principal place of business in this commonwealth. 

2. Application of Tiventy-Five Banks. — Upon apphcation 
by twenty-five savings banks to the Mutual Savuigs Central 
Fund, Inc., hereinafter in this section referred to as said fund, 
submitted in such form and under such conditions as the 
board of directors thereof may require, requesting authority 
for savings banks to invest their deposits and the income 
derived therefrom in any of the interest bearing obUgations 
referred to in paragraph 1 of this section, said board may re- 
quest the commissioner, in such form and under such condi- 
tions as in his discretion he may require, to authorize savings 
banks, notwithstanding any other provisions of law, to invest 
their deposits and income derived therefrom in any such in- 
terest bearing obligations. Any expense incurred by said 
fund in connection with the consideration of such apphcation 
shall be a proper expense to be incurred and paid by it. 

3. Commissioner's Approval. — If the commissioner grants 
such authority he shaU forthwith send written notice thereof 
to said board of directors and to each savings bank, and shall 
add the name of such investment to the fist of bonds and 
notes ehgible for investment provided for in section fifty-one. 
At any time thereafter the commissioner may, on his own 
initiative or at the written request of said directors, revoke 
such authority, in which event he shall forthwith send written 
notice of such revocation to said directors and to each savings 
bank. 

4. Refunding Bonds. — If the commissioner shall have 
authorized savings banks to invest in an issue of bonds in 
accordance with any of the provisions of this section, and if 
thereafter but before such authorization shall have been re- 
voked the issuer shall issue bonds the proceeds of which are 
to be used solely to refund the issue previously authorized for 
investment or another issue of equal or shorter maturity and 
of equal or prior security, and if such new bonds shall be of 



Acts, 1955. — Chap. 432. 339 

equal security with the previously authorized issue and of 
equal or shorter maturity, the commissioner may authorize 
savings banks to invest their funds in such refunding bonds, 
and thereafter may revoke such authority on his own initia- 
tive or at the written request of said fund. If the commis- 
sioner shall have authorized savings banks to invest in an 
issue of bonds in accordance with any of the provisions of this 
section, and if thereafter but before such authorization shall 
have been revoked the issuer shall issue bonds of which at 
least ninety per cent of the proceeds are to be used to refund 
the issue previously authorized for investment or another 
issue of equal or prior security, and if, in the judgment of 
the board of directors of said fund, the security for the new 
bonds is not less than that for the previously authorized issue 
then said board of directors may, on its own initiative, re- 
quest the commissioner to authorize savings banks to invest 
their funds in such new bonds and the commissioner may au- 
thorize such investment and thereafter may revoke such au- 
thority on his own initiative or at the request of said fund. 

5. Expert Assistance. — In determining that any invest- 
ments authorized under the provisions of this section should 
be included in the list of investments legal for savings banks 
or deleted from said list, the commissioner may employ such 
expert assistance as he deems proper or may rely upon in- 
formation contained in publications which he deems authori- 
tative in reference to such matters. 

6. Liability of Fund. — Said fund, its officers, directors and 
agents, shall be in no way held responsible or liable for failure 
to take action upon any such application or to make any 
such request of the commissioner. 

7. Investment Limitations. — Not more than ten per cent 
of the deposits of any such corporation shall be invested in 
securities authorized for investment under this section, and 
not more than one-half of one per cent of its deposits shall be 
so invested in the obligations of any one obhgor, but the fore- 
going limitations shall not apply to obligations of telephone 
companies, of companies engaged primarily in the distribu- 
tion and sale of electricity or gas, or both, or of railroad 
companies other than terminal companies. 

Legal List. 

Section 51. Annually, not later than July first, the com- 
missioner shall prepare a list of all stocks, bonds, notes and 
other interest bearing obligations which are then legal in- 
vestments under any provision of sections forty-two to forty- 
eight, inclusive, paragraphs 3 and 4 of section forty-nine, 
and section fifty of this chapter. Said hst 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 preparation of any list here- 
under which the conmiissioner is required to prepare or fur- 
nish, he may employ such expert assistance as he deems 



340 Acts, 1955. — Chap. 432. 

proper or may rely upon information contained in publica- 
tions 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 name of any state or 
political subdi^dsion or authority thereof or of any corpora- 
tion or association the stocks, bonds, notes or other interest 
bearing obligations of which conform to this chapter, or for 
the omission 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 of any stocks, bonds, notes or other interest bear- 
ing obligations which do not so conform. 

Officers, and members of a board of investment and of a 
board of trustees, of a savings bank may rely upon the legal 
list referred to in this section as representing an accurate 
listing of stocks, bonds, notes and other interest bearing 
obligations eligible for investment by it; and no such officer 
or member shall be personally liable for any loss incurred by 
such bank arising from the purchase in good faith of any 
security appearing on said list at the time of such purchase. 

Validation of Certain Securities, etc. 

Section 52. Nothing in this chapter shall invalidate or 
impair the title of such corporation to stocks, bonds or other 
securities purchased or otherwise acquired by it, or received 
by such corporation in pledge or as security for a loan or 
indebtedness and securities so received shall be held by it for 
the purposes for which they are pledged. 



Part IV. Real Estate Investments. 

Banking Premises. 

Section 53. Such corporation may invest in real estate to 
be used in whole or in part for the convenient transaction of 
its business subject to the conditions, hmitations and require- 
ments of this section. 

1. Amount Authorized. — The aggregate amount invested 
in such real estate, including the cost of land and of the erec- 
tion or preparation of buildings and parking facilities, and 
including the cost of alterations and improvements in and 
additions to such land and buildings whether owned or leased, 
shall not exceed an amount equivalent to twenty-five per cent 
of the combined total of its guaranty fund and surplus ap- 
pearing as provided in paragraph 3 (a) of section forty-seven; 
provided, that the amount authorized to be so invested, in- 
cluding sums invested under any special law, shall from time 
to time be increased by all sums realized by such corporation 
from the sale or other disposition of the whole or any part of 
such real estate and, to the extent approved by the com- 
missioner, by all sums charged off for depreciation, obsoles- 
cence or amortization. The aggregate amount authorized to 



Acts, 1955. — Chap. 432. 341 

be invested by this section shall be deemed to include all sums 
authorized and expended under any special law enacted prior 
to January first, nineteen hundred and fifty-five. 

2. Commissioner's Approval. — All such investments 
authorized by this section shall be approved by the com- 
missioner, except investments made in alterations or im- 
provements during any period of twenty-four consecutive 
months aggregating not more than twenty thousand dollars 
in the case of any one parcel owned by such corporation and 
not more than ten thousand dollars in the case of any one 
parcel leased thereby. 

Foreclosed Real Estate. 

Section 54- Such corporation may hold for a period of 
five years real estate acquired by the foreclosure of a mort- 
gage owned by it, or by purchase at sales made under the 
provisions of such mortgages or upon judgments for debts 
due to it, or in settlements effected to secure such debts ; and 
may sell, convey or lease such real estate and, notwithstand- 
ing the provisions of sections thirty-four, thirty-five and 
thirty-six, may take a mortgage thereon from the purchaser 
to secure the whole or a part of the purchase price. The com- 
missioner, on petition of the board of investment of such 
corporation and for cause, or in his discretion, may grant 
additional periods of time for the holding of such real estate. 



Part V. Bank Deposits and Checks. 

Deposits in Banks. 

Section 55. Such corporation may make deposits in other 
banking institutions subject to the conditions and restric- 
tions of this section. 

1. Massachusetts Banks. — Not more than five per cent of 
the deposits of such corporation may be deposited in each and 
any national banking association doing business within this 
commonwealth, in each and any trust company incorporated 
and doing business therein, in each and any banking com- 
pany incorporated under the laws of and doing business 
within this commonwealth and qualified to receive demand 
deposits under the pro\dsions of section six A of chapter one 
hundred and seventy-two A, and in the Federal Home Loan 
Bank of Boston if the depositing corporation is a member 
thereof; provided, that the percentage so authorized to be de- 
posited in any such national banking association or trust 
company may be exceeded at any time and from time to time 
for periods of not more than five business days for the pur- 
pose of effecting payment by such corporation of its club de- 
posits, taxes collected by it on mortgaged properties, loan 
commitments, purchases of securities, and for the purpose 
of receiving the proceeds from the sale or redemption of 
securities. 



342 Acts, 1955. — Chap. 432. 

2. New York Banks. — Not more than one-quarter of one 
per cent of the deposits of such corporation may be de- 
posited in any national banking association doing business 
in the city of New York, in the state of New York, and in any 
trust company incorporated under the laws of the state of 
New York and doing business within the city of New York 
when the deposits in such institutions are insured by the 
Federal Deposit Insurance Corporation. 

3. Capital Funds Limitation. — Notwithstanding the per- 
centages of deposits authorized by paragraphs 1 and 2 of this 
section to be deposited in any of such banking institutions, 
the total funds of such corporation on deposit at any one time 
in any such institution shall not exceed forty per cent of the 
capital stock and surplus fund thereof. 

Sale of Checks, etc. 

Section 56. Such corporation may cash payroll or other 
checks and may, under regulations made by the commis- 
sioner, (a) receive money for the purpose of transmitting the 
same or equivalents thereof, by means of letters of credit, 
bills of exchange, drafts or traveler's checks, to any part of 
the commonwealth or to any other state or country; and 
(6) sell negotiable checks drawn by or on such corporation 
and payable by or through a trust company or a national 
banking association. 

DISTRIBUTION OF EARNINGS. 

Surplus and Reserve Accounts. 

Section 57. In addition to the guaranty fund referred to 
in section fifty-eight, such corporation may establish and 
maintain such surplus and reserve accounts as from time to 
time it may determine to be necessary in the conduct of its 
business. As used in this section, in paragraph 3 of section 
forty-seven, paragraph 7 of section forty-eight, section fifty- 
three, section fifty-eight except paragraph 2 (h) thereof, and 
section sLxty-one except paragraph 3 (b) thereof, the term 
"surplus" shall mean and include profit and loss, undivided 
profits, and surplus accounts, and unallocated reserves. As 
used in this section the term ''unallocated reserves" shall 
mean and include any bad debt reserve estabhshed pursuant 
to federal income tax laws and regulations, and all other 
reserve accounts not established to provide for specific 
liabilities or for depreciation or to effect reductions in book 
values of specific assets. 

Guaranty Fund. 

Section 68. Such corporation shall establish and maintain 
a guaranty fund subject to the conditions, limitations and re- 
quirements of this section. 

1. Transfers From Income. — The trustees shall, as of the 
close of each ordinary dividend period, cause to be trans- 



Acts, 1955. — Chap. 432. 343 

ferred to the guaranty fund until it amounts to seven and 
one-half per cent of the whole amount of deposits, not less 
than one-eighth nor more than one-fourth of one per cent of 
the whole amount of deposits, if the dividend period is six 
months, or a proportional percentage of such amount of de- 
posits if the dividend period is less than six months. For the 
purposes of such transfers, the whole amount of deposits shall 
be the amount appearing as of the close of business on the day 
immediately preceding the day on which deposits go on in- 
terest for the next ordinary dividend period, excluding the 
dividend paid or payable for the period so closed. Except as 
provided in paragraph 2 of this section, such transfers shall 
be made from the income which has accumulated since the 
last preceding ordinary dividend. 

2. Other Transfers. — The amounts required or permitted 
to be transferred to the guaranty fund as above prescribed 
may, by vote of the trustees, be provided by transfers from 
surplus, other than the bad debt reserve, if immediately prior 
to any such transfer (a) the guaranty fund and surplus shall 
in the aggregate amount to at least eleven per cent of the 
whole amount of deposits, or (6) the surplus, undivided 
profits and reserves, at the beginning of the taxable year of 
such corporation, determined in accordance with federal in- 
come tax laws and regulations relating to mutual savings 
banks, shall in the aggregate amount to at least twelve per 
cent of the whole amount of deposits. Subject to the written 
approval of the commissioner, the trustees may cause to be 
transferred to the guaranty fund from surplus, other than the 
bad debt reserve, such amounts and at such times as they 
deem to be in the best interests of the depositors, if thereby 
such fund is not increased beyond the limit fixed by para- 
graph 1 of this section. 

3. Use of Guaranty Fund. — The guaranty fund shall be 
held to meet losses in the business of such corporation; pro- 
vided, however, that except with the written approval of the 
commissioner, no losses shall be met from such fund if thereby 
the fund would be reduced to less than seven and one-half 
per cent of the whole amount of deposits. 

Authorization of Dividends. 

Section 69. Before the declaration of an ordinary dividend 
as provided in section sixty, the auditing committee, re- 
ferred to in section sixteen, shall cause an examination to be 
made of the income and expenses of such corporation for the 
period for which such dividend is to be declared. The com- 
mittee shall report to the trustees the net income available 
for such dividend consisting of (a) the estimated net income 
for such period, and (6) the balance, if any, of net income for 
the last preceding ordinary dividend period if semi-annual, 
or the last three preceding ordinary dividend periods if 
quarterly, after deducting the amount of the ordinary divi- 
dends for such period or periods. No ordinary dividend shall 



344 Acts, 1955. — Chap. 432. 

be paid unless authorized and declared by the trustees after 
such examination, and a copy of said report shall be filed 
and preserved with the records of such corporation. As 
used in this section and in sections sixtj'' and sixty-one, the 
term "net income" shall mean the income which has been 
earned and which has been collected during the period since 
the last preceding ordinary dividend, after deducting (a) 
reasonable expenses incurred in the management of such cor- 
poration, (6) the taxes paid exclusive of taxes based upon in- 
come and profits, and (c) the amount set apart for or trans- 
ferred to the guaranty fund from income for such period. 

Ordinary Dividends. 

Section 60. The payment of ordinary dividends shall be 
subject to the conditions, limitations and requirements of this 
section. 

1. Dividend Period. — An ordinary dividend shall, subject 
to paragraph 4 of this section, be authorized and declared by 
the trustees at least every six months, for such periods as shall 
be provided by the by-laws. In the event that such cor- 
poration at any time changes its dividend periods, an ordinary 
dividend may be authorized and declared for such time as 
may be necessary to effect an adjustment in dividends to the 
new periods. Ordinary dividends shall be declared from the 
net income available therefor as shown by the report of the 
auditing committee required by section fifty-nine. 

2. Rate and Commutation. — Ordinary dividends shall be 
at such rate as the trustees shall determine; and if not with- 
drawn, shall be treated as deposits and, in computing the 
dividend next following, shall be considered as having been 
on deposit for the preceding dividend period. No ordinary 
dividend shall be declared upon a deposit of less than one 
month's standing, except in the case of a change in dividend 
periods. If the by-laws of the corporation so provide, such 
dividend may be declared upon deposits of one, two, three, 
four or five months' standing. When the day on which de- 
posits begin to draw dividends or interest, as provided in the 
by-laws or regulations, falls on a Saturday, Sunday or legal 
hohday, deposits made on the next succeeding business day, 
and remaining on deposit through the balance of the monthly 
period, may be construed as having been on deposit one full 
month, within the meaning of this section. 

3. Minimuvi Deposits. — Such corporation, by its by-laws, 
may provide that fractional parts of a dollar shall not be in- 
cluded in principal in computing dividends, and may provide 
that a dividend shall not be declared or paid on deposits of 
less than ten dollars ; but dividends for each full dollar shall 
be paid on school savings deposit accounts having balances of 
three dollars or more, subject, however, to regulations per- 
taining to school savings deposits made and approved under 
section twenty-four. 

4. Limitations. — If the net income available for an ordi- 



Acts, 1955, — Chap. 432. 346 

nary dividend, as shown by said report of the auditing com- 
mittee, does not amount to one per cent of the deposits if said 
period is six months, or a proportional percentage thereof if 
the period is less than six months, no dividend shall be de- 
clared or paid except such as shall be approved in writing by 
the commissioner. The aggregate amount of ordinary divi- 
dends declared during any twelve-month period, other than 
in the case of a change in dividend periods referred to in 
paragraph 1 of this section, shall not exceed the net income of 
the corporation for such twelve-month period except with the 
written approval of the commissioner. 

Extra Dividends. 

Section 61. The declaration and payment of extra divi- 
dends by any such corporation shall be subject to the condi- 
tions, limitations and requirements of this section. 

1. Required Extra Dividend. — If, after an ordinary divi- 
dend is declared, the guaranty fund and surplus together 
amount to fifteen and one-quarter per cent of the deposits, 
an extra dividend shall be declared. For the purposes of de- 
termining such percentage, the estimated amount of the 
ordinary dividend shall be added to the deposits, and the 
estimated net income remaining undistributed after de- 
ducting such dividend shall be added to the total of the sur- 
plus. In no case shall the payment of an extra dividend as 
herein required (a) reduce the total of the guaranty fund and 
surplus to less than fifteen per cent of the deposits, or (h) 
reduce either the guaranty fund or bad debt reserve. 

2. Rate and Com'putation. — The extra dividend required 
by paragraph 1 of this section shall be at a rate of not less than 
one-fourth of one per cent and, in the sole discretion of the 
trustees, the rate may be limited to one-half of one per cent ; 
provided, that if the rate of the ordinary dividend is reduced 
voluntarily below the rate of the last preceding rate, the 
rate represented by such voluntary reduction shall be added 
to the rate of such extra dividend to be declared. Such extra 
dividend shall be computed in the same manner as the ordi- 
nary dividend and shall, except as provided in paragraph 3 
of this section, be paid on the day on which the ordinary divi- 
dend is paid. 

3. Optional Extra Dividend. — Notwithstanding the pro- 
visions of paragraphs 1 and 2 of this section, the trustees may 
authorize and declare an extra dividend at the rate of not less 
than one-eighth nor more than one-half of one per cent, pay- 
able at such times and in such manner as they may deter- 
mine; provided, (a) that the total of the guaranty fund and 
surplus shall not thereby be reduced to less than eleven per 
cent of the whole amount of deposits; or (Jb) that the total 
of the surplus, undivided profits and reserves, at the begin- 
ning of the taxable year of such corporation, determined in 
accordance with federal income tax laws and regulations re- 
lating to mutual savings banks, shall not thereby be reduced 
to less than twelve per cent of the whole amount of deposits, 



346 Acts, 1955. — Chap. 432. 

In no case shall the payment of an extra dividend under the 
authority of this paragraph reduce either the guaranty fund 
or the bad debt reserve. 

Dividend Notice on Excess Deposits. 

Section 62. The treasurer of such corporation, at least 
once in each year, shall send notice by mail to each de- 
positor who for the six months last preceding has not been 
entitled to a dividend on the whole amount standing to his 
credit because the same exceeds the amount on which a divi- 
dend is allowed, specifying the amount not entitled to 
dividend. 



SUPERVISION. 

Examination and Audit. 

Section 63. At least once during each twelve months fol- 
lowing their election and oftener if required by the com- 
missioner, the auditing committee, referred to in section 
sixteen, shall cause an examination and audit to be made of 
the books, securities, cash, assets, liabilities, income and 
expenditures of such corporation, including a trial balance of 
the deposit accounts. Such examination and audit shall be 
made in such form and manner and at such time within said 
twelve months as the commissioner may prescribe, by a certi- 
fied public accountant not connected \\dth the corporation. 
Within thirty days after their election, the auditing com- 
mittee shall appoint such accountant and written notice 
thereof shall be given forthwith to the commissioner, and 
such appointment shall be subject to his approval. Such 
examination and audit shall be made for the period elapsed 
since the preceding examination and audit or for such other 
period as may be prescribed by the commissioner. 

Such accountant shall direct and supervise the making of 
said examination and audit and shall report to the auditing 
committee the result thereof. At the next meeting of the 
trustees thereafter, the committee shall render a report, 
which shall be read, stating in detail the nature, extent and 
result of the examination and audit. The committee shall 
file with the commissioner a copy of the report of the ac- 
countant within ten days after its receipt by the committee. 
Said accountant and the auditing committee shall certify 
and make oath that the reports made by them under this 
section are correct according to their best knowledge and 
belief and such reports shall be filed and preserved with the 
records of such corporation. If the committee fails to cause 
to be made an examination and audit as herein provided, the 
commissioner shall cause such examination and audit to be 
made by a certified public accountant in such form and man- 
ner as the commissioner may prescribe, and the expense 
thereof shall be paid by such corporation. 



Acts, 1955. — Chap. 432. 347 

Verification of Deposits. 

Section 64. At least once in each three-year period, com- 
mencing with the first day of January in the year nineteen 
hundred and fifty-six, every such corporation shall cause to 
be verified such deposit accounts to such an extent and in 
such manner as the commissioner shall require and under 
such rules as he may prescribe; but any such verification 
may be made in connection with any audit and examination 
provided by section sixty-three or any examination provided 
by section two of chapter one hundred and sixty-seven. 

Annual Report to Commissioner. 

Section 65. Every such corporation shall annually, within 
thirty days after the last business day of October, make a 
report to the commissioner in such form as he may pre- 
scribe, showing accurately its condition at the close of busi- 
ness on that day, and containing such other information as 
the commissioner may require. The president or in his ab- 
sence or disability a vice president, the treasurer or in his 
absence or disability the vice treasurer or an assistant 
treasurer, and a maj ority of the auditing committee shall sign 
the report and certify on oath that it is correct according to 
their best knowledge and belief. 



ADDITIONAL POWERS. 

Borrowing. 

Section 66. Such corporation, by vote of its board of in- 
vestment, may borrow money (a) for the purpose of repaying 
its depositors, or (b) for such other purposes as said board 
may deem to be in the best interests of such corporation. Any 
borrowing made under the authority of clause (6) shall be for 
periods aggregating not more than one year, subject, however, 
to renewal for any unpaid balance after such year with the 
written approval of the commissioner. The aggregate of all 
borrowing outstanding at any one time under said clause (6) 
shall not exceed five per cent of the deposits of such cor- 
poration as shown by its books at the time of such borrowing. 
Such corporation may pledge its assets as security for any 
sums borrowed under the authority of clauses (a) or (6), or 
both, of this section. A copy of such vote of the board of 
investment and notice in writing of amounts so borrowed shall 
be forwarded forthwith to the commissioner and to the 
Mutual Savings Central Fund, Inc. 

Membership in Federal Home Loan Bank. 

Section 67. Such corporation may become a member of 
the Federal Home Loan Bank estabhshed for the district of 
New England under the provisions of an act of Congress, 



348 Acts, 1955. — Chap. 432. 

approved July twenty-second, nineteen hundred and thirty- 
two, as amended, and known as the federal home loan bank 
act, or of an}^ successor of said bank; and may terminate such 
membership at any time. Such corporation may subscribe 
to and invest in such amounts of the stock of said home 
loan bank or of any such successor as may be required by law 
to qualify such corporation for membership therein. 

Other Memberships; Subscriptions; Donations. 

Section 68. Such corporation may, by vote of its board of 
investment, obtain memberships in certain organizations, 
and may make contributions and donations and subscribe for 
services, subject to the conditions, limitations and require- 
ments of this section. 

1. Banking Association Memberships. — Such corporation 
may become a member of any association organized to pro- 
tect and promote the interests of savings banks or of other 
banking institutions, and may pay for such membership its 
proportionate share of the expenses of such association if in 
the opinion of the board of investment the expenses are 
reasonable and necessary. 

2. Miscellaneous Memberships. — Such corporation may 
become a member of or contribute to any other association or 
organization in the commonwealth if, in the opinion of said 
board, such membership or contribution is reasonable and of 
substantial benefit to such corporation and its depositors. 
Payments made to any association, organization or donee 
under this or the following paragraph 3, aggregating in ex- 
cess of one hundred dollars in any one fiscal year determined 
as provided in paragraph 4 of this section, shall be subject 
to the authorization or approval of the board of trustees of 
such corporation. 

3. Donations. — Such corporation may contribute such 
sum or sums of money as said board may determine to be 
reasonable, (a) to any general fund being raised by a relief 
committee or agency approved by the commissioner of public 
welfare as evidenced by a writing filed in his office, and formed 
for the purpose of raising money to be used for the better- 
ment of social and economic conditions in the community 
where such corporation is established; or (6) to any fund 
being raised by a committee or agency for the purpose of 
relieving suffering or distress resulting from disaster or other 
calamity occurring in any part of the commonwealth. 

4. Limitations. — No such corporation shall expend in 
the aggregate in any one fiscal year, as determined by the 
commissioner, for all of the purposes hereinbefore provided 
in this section, more than one-half of one per cent of its in- 
come for the next preceding fiscal year, as so determined. 
The total payments made in a fiscal year to any one associa- 
tion, organization or donee shall not, in the case of payments 
made under the authority of paragraph 2 of this section, 
exceed one-thirteenth part of said one-half of one per cent of 



Acts, 1955. — Chap. 432. 349 

income and shall not, in the case of payments made under the 
authority of paragraph 3 of this section, exceed one-fifth part 
of said one-half of one per cent of income. 

5. Subscriptions to Services. — For the purposes of pro- 
moting, protecting or conserving the assets of savings banks 
or other banking institutions, such corporation may subscribe 
for services, including advertising and professional services, 
rendered or to be rendered collectively through any asso- 
ciation referred to in paragraph 1 or through any group of 
savings banks or other banking institutions; and in each 
such case the corporation with the approval of the board of 
investment may, notwithstanding any of the limitations of 
this section, pay for such services its proportionate share of 
the total cost thereof or such other amount as said board 
shall deem reasonable and proper. 



Safe Deposit Vaults. 

Section 69. Such corporation may, with the written per- 
mission of, and under conditions prescribed by, the com- 
missioner, establish and maintain safe deposit vaults and 
rent boxes or storage space therein, and the provisions of 
section seventeen of chapter one hundred and fifty-eight 
shall apply. 

Safekeeping of United States Bonds. 

Section 70. Such corporation may, with the written per- 
mission of, and under conditions prescribed by, the com- 
missioner, receive and hold for its depositors any securities 
issued or guaranteed by the United States or any instru- 
mentahty thereof. 



LIQUIDATION AND MERGER. 

Liquidation. 

Section 71. Such corporation may, if authorized by vote 
of at least two-thirds of its corporators at a meeting specially 
called to consider the subject, liquidate its affairs and be dis- 
solved subject to the conditions, limitations and requirements 
of this section. 

1. Commissioner's Approval. — Before such a liquidation 
and dissolution may be effected, the commissioner shall be 
satisfied that such corporation has given at least thirty days' 
notice to each other savings bank, located in the same town 
or in another town not more than fifteen miles distant from 
such town, of its wilHngness to enter into negotiations with 
a view to consolidation or merger and that no consolidation 
or merger with any such other savings bank can be arranged 
upon terms satisfactory to the commissioner. Prior to the 
vote authorizing such liquidation and dissolution the com- 
missioner shall have approved in writing the proposed 



350 Acts, 1955. — Chap. 432. 

liquidation and dissolution of such corporation as being 
in the best interests of its depositors. 

2. Liquidating Committee. — If such liquidation and dis- 
solution are so approved and voted, a committee of three 
shall thereupon be elected by and from the trustees and, 
under such regulations as may be prescribed by the com- 
missioner, shall liquidate the assets. After satisfying all 
debts of the liquidating corporation, said committee shall 
distribute the remaining proceeds among the depositors as 
of the date of the vote of liquidation, and other persons 
entitled thereto, according to their several interests. 

3. Termination of Charter. — Upon such a vote to liquidate 
and dissolve by such corporation, its charter shall become 
void except for the purpose of discharging its existing 
obligations and liabilities. 

4. Unclaimed Dividends. — Funds representing unclaimed 
dividends in liquidation and remaining in the hands of the 
liquidating committee for six months after the date of the 
final payment in liquidation shall be deposited by them, to- 
gether with all books and papers of the liquidating corpora- 
tion, with the commissioner. Such funds shall be deposited 
in one or more trust companies or national banks to the 
credit of the commissioner in his official capacity, in trust 
for the depositors of the liquidating corporation and other 
persons entitled thereto, according to their several interests. 
Upon receipt of evidence satisfactory to him, the com- 
missioner may pay over the moneys so held by him to the 
persons respectively entitled thereto. In case of doubt or of 
conflicting claims, he may require an order of the supreme 
judicial court authorizing and directing the payment thereof. 
He may apply the interest earned by the money so held to 
the defraying of expenses incurred in the payment of such 
unclaimed dividends. At the expiration of twelve months 
from the date of receipt of such funds by the commissioner, 
such portion thereof as still remains in his possession shall be 
disposed of as provided in section thirty-five of chapter one 
hundred and sixty-seven, and such portion shall not be sub- 
ject to the provisions of chapter two hundred A. 

Merger and Consolidation. 

Section 72. Any two or more such corporations may 
merge or consolidate into a single corporation upon such 
terms as shall have been approved by vote of at least two- 
thirds of the board of trustees of each corporation and as 
shall have been approved in writing by the commissioner. 
If the commissioner is satisfied that a merger or consolidation 
of a savings bank proposing liquidation, as provided in 
section seventy-one, can be effected, upon terms approved by 
him, with another savangs bank located in the same town or 
in another town not more than fifteen miles distant from 
such town, and if he finds that such merger or consolidation 
is in the interests of depositors of the savings banks concerned, 
such merger or consolidation may be effected on such terms 



Acts, 1955. — Chap. 432. 351 

and subject to the direction of the commissioner. Before 
becoming effective, any merger or consolidation authorized 
by this section (hereinafter sometimes referred to as a 
"consoHdation") shall have been approved by a vote of at 
least two-thirds of the corporators of each of the consolidating 
corporations at meetings specially called to consider the 
subject. Notice of each such meeting shall be given by the 
clerk in accordance with the provisions of section nine. A 
certificate under the hands of the presidents and clerks or 
other duly authorized officers of the consolidating corpora- 
tions, setting forth that each such corporation, respectively, 
has complied with all the requirements of this section, shall 
be submitted to the commissioner, who, if he shall approve 
such consolidation, shall endorse his approval upon such 
certificate, and thereupon such consolidation shall become 
effective. Upon consolidation of any such corporations, as 
herein provided : — 

1. The corporate existence of all but one of the consolidat- 
ing corporations shall be discontinued and consolidated into 
that of the remaining corporation, which shall continue. 
All and singular the rights, privileges and franchises of each 
discontinuing corporation and its right, title and interest to 
all property of whatever kind, whether real, personal or 
mixed, and things in action, and every right, pri\^lege, in- 
terest or asset of conceivable value or benefit then existing 
which would inure to it under an unconsolidated existence, 
shall be deemed fully and finally, and without any right of 
reversion, transferred to or vested in the continuing cor- 
poration, without further act or deed, and such continuing 
corporation shall have and hold the same in its own right as 
fully as if the same was possessed and held by the discontinu- 
ing corporation from which it was, by operation of the pro- 
visions hereof, transferred, and other provisions of law rela- 
tive to limitations on the number of corporators or trustees 
and on the investment of funds of such corporations, shall not 
apply. 

2. A discontinuing corporation's rights, obligations and 
relations to any depositor, creditor, trustee or beneficiary of 
any trust, or other person, as of the effective date of the con- 
solidation, shall remain unimpaired, and the continuing 
corporation shall, by the consolidation, succeed to all such 
relations, obligations and liabilities, as though it had itself 
assumed the relation or incurred the obligation or liability; 
and its liabilities and obligations to creditors existing for 
any cause whatsoever shall not be impaired by the con- 
solidation; nor shall any obligation or liability of any de- 
positor in any such corporation, continuing or discontinuing, 
which is party to the consolidation, be affected by any such 
consolidation, but such obligations and liabilities shall con- 
tinue as fully and to the same extent as the same existed 
before the consolidation, and the provisions of sections 
twenty-one and twenty-two relative to the limitations on de- 
posits shall not apply. 



352 Acts, 1955. — Chap. 432. 

3. A pending action or other judicial proceeding to which 
any of the consoHdating corporations is a party shall not be 
deemed to have abated or to have discontinued by reason of 
the consolidation, but may be prosecuted to final judgment, 
order or decree in the same manner as if the consolidation had 
not been made; or the continuing corporation may be sub- 
stituted as a party to any such action or proceeding to which 
the discontinuing corporation was a party, and any judgment, 
order or decree may be rendered for or against the con- 
tinuing corporation that might have been rendered for or 
against such discontinuing corporation if consolidation had 
not occurred. 

4. After such consolidation, a foreclosure of a mortgage 
begun by any of the discontinuing corporations may be com- 
pleted by the continuing corporation, and publication begun 
by the discontinuing corporation may be continued in the 
name of the discontinuing corporation. Any certificate of 
possession, affidavit of sale or foreclosure deed relative to such 
foreclosure shall be executed by the proper officers in behalf 
of whichever of such corporations actually took possession 
or made the sale, but any such instrument executed in behalf 
of the continuing corporation shall recite that it is the suc- 
cessor of the discontinuing corporation which commenced 
the foreclosure. 

A new name, or the name of any of the consolidatmg cor- 
porations may be adopted as the name of the continuing 
corporation at the special meetings called as herein provided, 
and it shall become the name of the continuing corporation 
upon the approval of the consolidation, without further 
action under the laws of the commonwealth as to change or 
adoption of a new name on the part of the continuing cor- 
poration. 

Nothing contained in this section shall be construed as 
requiring that the assets of each of the consolidating cor- 
porations shall have equal or substantially equal value. 

Purchase of Assets; Assujnption of Liabilities. 

Section 73. With the approval of the commissioner any 
such corporation may advance or loan upon, or purchase, the 
whole or any part of the assets of any other such corporation 
located in the same town or in another town not more than 
fifteen miles distant from such town, or of the savings depart- 
ment of any trust company so located, including savings 
banks and trust companies in possession of the commissioner 
under sections twenty-two to thirty-six, inclusive, of chap- 
ter one hundred and sixty-seven, and savings banks assisted 
by or in possession of the Mutual Savings Central Fund, 
Inc., and may participate in such an advance, loan or pur- 
chase with one or more savings banks or trust companies 
so located. Such advance, loan or purchase may be made 
upon such terms and conditions as shall have been approved 
by vote of at least two-thirds of the trustees of each such 



Acts, 1955. — Chap. 432. 353 

savings bank or, in the case of a trust company, by vote of at 
least two-thirds of its directors. Such corporation or cor- 
porations making or participating in such an advance, loan 
or purchase for the purpose of effecting the same, may 
assume and agree to pay the whole or any part of the deposit 
and other liabiHties of such other savings bank or savings 
department, upon such terms and conditions and subject to 
such adjustments as may be approved by the commissioner. 
In the event of such approval by the commissioner, other 
provisions of law applicable to the investment of funds of 
savings banks and to the limitations upon deposits therein 
shall not apply. 

The commissioner may impose such conditions and re- 
strictions as he may deem necessary or advisable in respect 
to the deposit or other habilities assumed as hereinbefore 
pro\dded. In the case of any new sa\angs bank formed for 
the purpose of purchasmg any or all the assets and assuming 
any or all the liabihties of any savings bank or savings de- 
partment of a trust company in possession or assisted as 
aforesaid, the commissioner may impose such other and 
further conditions and restrictions concerning the business, 
investments and operations of such new savings bank as he 
may deem necessary or advisable. So much of sections ten 
and thirteen as provide that no person shall hold an office 
in two savings banks at the same time shall not prevent 
an officer or trustee of any other savings bank from serving 
as an officer or trustee of such new bank, or of a sa\dngs bank 
the assets and liabilities of which shall have been purchased 
and assumed by another savings bank hereunder. 



EMPLOYEES RETIREMENT ASSOCIATION. 

Memberships; Contributions; Pensions; Annuities. 

Section 74- Fifteen or more savings banks may form 
the Savings Banks Employees Retirement Association, 
in this section and in sections seventy-five and seventy-six 
called the association, for the purpose of providing pensions 
for ehgible employees of the participating banks who retire 
on account of age or disability. 

All savings banks established under the laws of the com- 
monwealth, the Savings Banks Association of Massachusetts, 
the ^Mutual Savings Central Fund, Inc., and the Savings 
Bank Life Insurance Council, and such of their respective 
employees as may be provided by the by-laws of the asso- 
ciation shall be ehgible for membership in the association. 
For the purposes of this section and sections seventy-five and 
seventy-six a reference to "bank" or "banks" shall, unless 
the context otherwise requires, mean and include any or all of 
the organizations named in this paragraph, and a reference 
to "trustees" of a bank shall also, unless the context other- 
wise requires, mean and include the governing body of each 
of such organizations. 



354 Acts, 1955. — Chap. 432. 

Eligible employees may contribute a portion of their 
salaries or wages, to be deducted by the employing banks 
and paid to the association. A participating bank may con- 
tribute to the funds of the association to the extent de- 
termmed by its trustees, but its contributions for future 
service, as defined in the by-laws, on account of any em- 
ployee shall not exceed such employee's contributions or 
five per cent of his salary or wages, whichever is less, and an 
additional amount of not more than five per cent of that part 
of such employee's annual salary or wages which is not in 
excess of ten thousand dollars. A participating bank may 
also contribute for past service, as defined in the by-laws, 
amounts necessary to provide eligible employees with an 
annuity or pension to begin at age sixty-five or later, such 
annuity or pension not to exceed one and one-half per cent 
of the average salary for the five years preceding the date 
such bank joins the association for each year, but not ex- 
ceeding twenty-five years, of continuous employment be- 
tween age thirty and the date of such joining. 

In the event that any employee who has been continu- 
ously in the employ of such a bank for ten years or more 
becomes incapacitated for further service by reason of 
physical or mental disability before age sixty-five, the em- 
ploying bank may pay him a pension in an amount not to 
exceed one and one-half per cent of the average salary for the 
five years preceding the date of retirement for each year, not 
exceeding twenty-five years, of continuous service. Any 
pension paid on account of disability may be discontinued 
at any time by the trustees of the employing bank, and shall 
be discontinued when any such pensioner substantially re- 
covers his earning capacity. 

The funds contributed by participating banks and mem- 
ber employees shall be held or used by the trustees of the 
association for the purchase of annuities or payment of 
pensions to eligible employees upon their retirement from 
service, for the payments to beneficiaries or representatives of 
any member employee of the participating bank dying be- 
fore reaching the age of retirement, and for the payment to 
any such employee retiring from service before becoming 
entitled to a pension or annuity. Expenses necessary for the 
administration of the association shall be paid by participat- 
ing banks, on a proportionate basis as provided in the 
by-laws. 

No annuity or pension provided by contributions from a 
participating bank for the benefit of any employee on ac- 
count of past service shall exceed thirty-five hundred dollars 
yearly. No annuity or pension provided by contributions 
from a participating bank for the benefit of any employee on 
account of past and future service shall exceed one-half of 
the average annual salary of the employee for the five years 
preceding the date of retirement, or five thousand dollars, 
whichever is less. 



Acts, 1955. — Chap. 432. 355 

By-Laws; Annual Report; Laws not Applicable. 

Section 75. The by-laws of the association shall be ap- 
proved by the commissioner and shall prescribe the manner 
in which, and the officers and agents by whom, the associa- 
tion may be conducted and the manner in which its funds 
may be invested and paid out. Such association shall be 
formed when its by-laws have been approved and agreed to 
by a majorit}'- of the trustees of each of fifteen or more 
savings banks, and have been approved by the commissioner. 
Such association shall annually, on or before December first, 
report to the commissioner such statements of its member- 
ship and financial transactions for the year ending on the 
preceding October thirty-first as the commissioner may 
consider necessary to show its business and standing. The 
commissioner may verify such statement by an examination 
of the books and papers of the association. 

The association shall not be subject to chapter thirty- 
two or chapter one hundred and seventy-five or to such other 
provisions of law as relate to insurance companies or other 
retirement associations. 

Assignments; Exemption from Taxation. 

Section 76. The property of the association, the portion 
of the wages or salary of any employee deducted or to be de- 
ducted under sections seventy-four and seventy-five, the 
right of an employee to an annuity or pension, and all his 
rights in the funds of the association, shall be exempt from 
taxation and from the operation of any law relating to in- 
solvency, and shall not be attached or taken on execution or 
other process to satisfy any debt or liabilit}'' of the associa- 
tion, a participating bank, or any employee member of the 
association. No assignment of any right in or to said funds 
or of any pension or annuity payable under section seventy- 
four shall be valid, except that deferred annuity contracts 
purchased by a participating bank on account of past service 
of ehgible employees may be assigned to such bank prior to 
actual retirement. 

INCORPORATION OF SAVINGS BANKS. 

Agreement of Association. 

Section 77. Twenty-five or more persons who associate 
themselves by an agreement in writing for the purpose of 
forming a savings bank, may, upon compliance with this 
section and sections seventy-eight, seventy-nine and eighty, 
become a corporation with all the powers and privileges and 
subject to all the duties, restrictions and liabilities set forth 
in all general laws now or hereafter in force relating to such 
corporations. Said agreement shall set forth that the sub- 
scribers thereto associate themselves wdth the intention of 
forming a corporation to transact business within the com- 
monwealth, and shall specify: — 



356 Acts, 1955. — Chap. 432. 

First. — The name by which the corporation shall be 
known, the words "savings bank" or "institution for sav- 
ings" to form a part thereof. 

Second. — The purpose for which it is to be formed. 

Third. — The town wherein its main office is to be located. 

Fourth. — The occupation, residence and post office ad- 
dress of each subscriber. 

Each subscriber shall deposit at least two hundred dollars 
in cash with the corporation before it commences business; 
provided, that an aggregate of not less than ten thousand 
dollars shall be so deposited by the subscribers. Except with 
the written approval of the commissioner, none of such de- 
posits shall be assigned, pledged or paid prior to the ex- 
piration of two years from the date the deposits are made. 

Each subscriber shall sign the agreement which shall not 
be invaUdated by reason of the death or incapacity of one or 
more of the subscribers. 



Notice and Hearing. 

Section 78. The subscribers to said agreement shall give 
notice to the board of bank incorporation of their intention 
to form a savings bank, and shall apply to said board for a 
certificate that public convenience and advantage will be 
promoted by the establishment thereof. Said board may 
grant such certificate, which shall be deemed to be revoked 
if the applicants therefor do not become incorporated and be- 
gin business within six months after its date of issue. Upon 
receipt of such application, said board shall furnish the sub- 
scribers a form of notice, specifying the names, occupations 
and addresses of the proposed incorporators and the name and 
location of the proposed savings bank, and assigning a date 
and place for a public hearing on the application. The sub- 
scribers shall publish the notice at least once a week for 
three successive weeks, in one or more newspapers designated 
by said board and published in the town wherein it is desired 
to establish the savings bank ; or, if there is no newspaper in 
such town, in the town wherein a newspaper is published 
which is nearest to the proposed location of the bank; and 
at least fourteen days before the date fixed for said public 
hearing the subscribers shall mail a copy of said notice by 
registered mail, postage prepaid, to the IMutual Savings 
Central Fund, Inc. If said board refuses to issue such cer- 
tificate, no further proceedings shall be had, but the applica- 
tion may be renewed after one year from the date of such 
refusal, in which case notice of a public hearing thereon shall 
be published as herein provided. 

Said board may require the subscribers to establish or pro- 
vide for the establishment of a special guaranty fund, in an 
amount determined by the board, which shall be repre- 
sented by cash, deposits or securities eligible for investment 
under any of the provisions of this chapter. Such fund shall 



Acts, 1955. — Chap. 432. 357 

be paid in, in full, to the corporation before it commences 
business. Said board shall issue regulations governing the 
maintenance of and withdrawals from any such fund. 



First Meeting. 

Section 79. The first meeting of the subscribers to the 
agreement of association shall be called by a notice signed 
either by that subscriber to the agreement who is designated 
therein for the purpose, or by a majority of the subscribers. 
Such notice shall state the time, place and purpose of the 
meeting. Seven days at least before the day appointed for 
the meeting, a copy of the notice shall be given to each sub- 
scriber, or left at his residence or usual place of business, or 
deposited in the post office, postage prepaid, and addressed 
to him at his residence or usual place of business. Another 
copy of said notice and an affidavit by one of the signers that 
the notice has been duly served shall be recorded with the 
records of the proposed corporation. If, however, all the in- 
corporators shall in writing endorsed upon the agreement 
of association waive such notice and fix the time and place 
of the meeting, no notice shall be required. The subscribers 
to the agreement of association shall hold the franchise until 
the organization has been completed. At the first meet- 
ing, or at any adjournment thereof, the incorporators shall 
organize by the election by ballot of a temporary clerk, by 
the adoption of by-laws and by the election, in such manner 
as the by-laws may determine, of a president, a clerk of the 
corporation, a treasurer, a board of not less than eleven 
trustees, and such other officers as the by-laws may pre- 
scribe. All the officers so elected shall be sworn to the faith- 
ful performance of their duties. The temporary clerk shall 
make and attest a record of the proceedings until the clerk 
has been elected and sworn, including a record of the election 
and qualification of the clerk. 



Articles and Certificate of Incorporation. 

Section 80. The president and a majority of the trustees 
who are elected at the first meeting shall make, sign and make 
oath to articles in duplicate, setting forth : — 

(a) A true copy of the agreement of association, the names 
of the subscribers thereto, and the name, residence and post 
office address of each of the officers of the corporation. 

(&) The date of the first meeting and the successive ad- 
journments thereof, if any. 

One duplicate original of the articles so signed and sworn 
to shall be submitted to the board of bank incorporation, 
and the other, together with the records of the proposed cor- 
poration, to the commissioner of corporations and taxation, 
who shall examine the same and may require such amend- 



358 Acts, 1955. — Chap. 432. 

ment thereof or such additional information as he considers 
necessary. If he finds that the articles conform to sections 
seventy-seven, seventy-eight and seventy-nine, and that 
section seventy-eight has been complied with, he shall so 
certify and endorse his approval thereon. Thereupon the 
articles shall be filed in the office of the state secretary who 
upon receipt of five dollars shall issue a certificate of in- 
corporation in the following form: — 



COMMONWEALTH OF MASSACHUSETTS 

Be it known that whereas (the names of the subscribers to the agree- 
ment of association) have associated themselves with the intention of 
forming a corporation under the name of (the name of the corporation), 
for the purpose (the purpose declared in the agreement of association) 
and have compUed with the provisions of the statutes of this common- 
wealth in such case made and provided, as appears from the articles of 
organization of said corporation, duly approved by the commissioner of 
corporations and taxation and recorded in this office: Now, therefore, 
I (name of the secretary), secretary of the commonwealth of Massachu- 
setts, do hereby certify that said (the names of the subscribers to the 
agreement of association), their associates and successors, are legally 
organized and established as, and are hereby made, an existing corpora- 
tion under the name of (name of the corporation) with the powers, rights 
and privileges, and subject to the limitations, duties and restrictions, 
which by law appertain thereto. 

Witness my official signature hereunto subscribed, and the great seal 
of the commonwealth of Massachusetts hereunto affixed, this 
day of in the year (the date of the filing of the articles of 

organization). 

The state secretary shall sign the certificate of incorpora- 
tion and cause the great seal of the commonwealth to be 
affixed thereto, and such certificate shall have the force and 
effect of a special charter. The existence of every such cor- 
poration which is not created by special law shall begin upon 
the filing of the articles of organization in the office of the 
state secretary, who shall also cause a record of the cer- 
tificate of incorporation to be made, and such certificate or 
such record, or a certified copy thereof, shall be conclusive 
evidence of the existence of the corporation. 

Section 2. The corporate existence of all savings banks 
organized under the laws of the commonwealth and actually 
engaged in business therein immediately prior to the effec- 
tive date of this act, shall continue in fuU force and effect. 

The rights of all parties incident to or arising out of con- 
tracts or obligations, to which any such corporation is a 
party, lawfully outstanding on said effective date, shall re- 
main unimpaired and shall continue to be exercisable and 
enforceable subject to applicable provisions of law; pro- 
vided, that any such contract or obligation, with the assent 
of all parties thereto, may be changed or reformed so as to 
conform with the pertinent provisions or requirements of 
chapter one hundred and sixty-eight of the General Laws as 
amended by section one of this act. 

Any requirements or limitations imposed upon any such 



Acts, 1955. — Chap. 432. 359 

corporation, under section one of this act, in addition to, 
different from or in conflict with those contained in said chap- 
ter one hundred and sixty-eight as in force immediately prior 
to said effective date, shall be complied with by it as soon 
thereafter as reasonably practicable. 

Section 3. Any reference in any general or special law 
to any section, part of a section or provisions of chapter one 
hundred and sixty-eight of the General Laws which would 
become inaccurate because of any of the amendments made 
by and appearing in section one of this act, shall be deemed 
to apply to the pertinent section, part of a section or pro- 
visions of said chapter one hundred and sixty-eight, as so 
amended. 

Section 4. If any section, subsection, subdivision, para- 
graph, sentence or clause of this chapter is held invalid or 
unconstitutional, such decision shall not affect the remain- 
ing portions thereof. 

Section 5. Paragraph (c) of section 12 of chapter 63 of gd^'eJ^'' 
the General Laws, as amended by section 1 of chapter 274 §12,' etc.. 
of the acts of 1937, is hereby further amended by striking '^^^'^d^d. 
out, in lines 2 and 3, the words "clause twelfth of section 
fifty-four of chapter one hundred and sixty-eight" and in- 
serting in place thereof the words: — section fifty-four of 
chapter one hundred and sixty-eight, or similar provisions 
of earlier law. 

Section 6. Section 11 of chapter 167 of the General Laws, g. l. (Ter. 
as most recently amended by section 1 of chapter 480 of the f ^i; et^c^; 
acts of 1950, is hereby further amended by striking out, in amended.' 
line 6, the word "twenty-six" and inserting in place thereof 
the word : — sixty-five. 

Section 7. Section 18 of said chapter 167, as amended EdViJ?'' 
by section 1 of chapter 110 of the acts of 1943, is hereby fur- § Vs.' etc.,' 
ther amended by striking out, in hue 6, the word "forty- "™^'^'^«d- 
seven" and inserting in place thereof the word: — sixty. 

Section 8. Section 24 of said chapter 167, as most re- g. l. (Ter. 
cently amended by section 4 of chapter 41 of the acts of 1933, f 24,'efZ.' 
is hereby further amended by striking out, in line 11, the amended.' 
word "fifty-six" and inserting in place thereof the word: — 
seventy-three. 

Section 9. Section 51 of said chapter 167, as most re- g. l. (Ter. 
cently amended by chapter 598 of the acts of 1950, is hereby f'ii'^tJ', 
further amended by striking out the last sentence and in- amended.' 
serting in place thereof the following sentence : — Notwith- 
standing the foregoing, a trust company may make mortgage 
loans hereunder within the geographical limits contained in 
section thirty-four of chapter one hundred and seventy-two, 
a savings bank may make mortgage loans hereunder within 
the geographical limits contained in or authorized under 
paragraph 2 of section thirty-four and paragraph 11 of sec- 
tion thirtj^-five of chapter one hundred and sixty-eight, and 
a co-operative bank may make mortgage loans hereunder 
within the geographical limits contained in section twenty- 
three of chapter one hundred and seventy. 



360 



Acts, 1955. — Chap. 432. 



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



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



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



Section 10. Section 26 of chapter 170 of the General 
Laws, as appearing in section 1 of chapter 371 of the acts of 
1950, is hereby amended by strikmg out subsections 1 and 2 
and inserting in place thereof the two following subsections: 
— 1. In any of the securities named in section forty-two 
except paragraph 5 thereof, and section forty-three of chap- 
ter one hundred and sixty-eight, subject, however, to the 
provisions of said sections. 2. In the case of any such cor- 
poration having assets totalUng more than five milhon dol- 
lars, in any of the securities named in sections forty-four to 
forty-six, inclusive, of said chapter one hundred and sixty- 
eight, subject, however, to the provisions of said sections 
and to the f ollowuig limitations : — not more than an amount 
equal to five per cent of the assets of any such corporation 
shall be invested in railroad bonds or other obligations re- 
ferred to in said section forty-four, and not more than an 
amount equal to one and one-half per cent of such assets 
shall be invested in the bonds or other obligations of any 
one railroad corporation; not more than an amount equal 
to ten per cent of the assets of any such corporation shall be 
invested in bonds or other obhgations of telephone com- 
panies referred to in said section forty-five, and not more 
than an amount equal to two per cent of such assets shall be 
invested in the bonds or other obligations of any one tele- 
phone company ; not more than an amount equal to five per 
cent of the assets of any such corporation shall be invested 
in the bonds of gas, electric light or water companies referred 
to in subdivision A of said section forty-six, and not more 
than an amount equal to one and one-half per cent of such 
assets shall be invested in the bonds or other obhgations of 
any one such company; not more than an amount equal to 
ten per cent of the assets of any such corporation shall be 
invested in bonds or other obligations of the other com- 
panies referred to in subdivision B of said section forty-six, 
and not more than an amount equal to two per cent of such 
assets shall be invested in the bonds or other obligations of 
any one such other company. The aggregate amount held 
by such corporation under this subsection in all of the afore- 
said securities shall not at any one time exceed twenty per 
cent of its assets. 

Section 11. The second paragraph of section 15 of chap- 
ter 171 of the General Laws, as appearing in section 1 of chap- 
ter 163 of the acts of 1933, is hereby amended by striking 
out, in line 8, the word "twenty-four" and inserting in 
place thereof the word : — eighteen. 

Section 12. Section 31 of chapter 172 of the General 
Laws, as most recently amended by section 2 of chapter 289 
of the acts of 1949, is hereby further amended by striking 
out the last sentence and inserting in place thereof the fol- 
lowing sentence: — The provisions of paragraph 3 of section 
twenty-one of chapter one hundred and sixty-eight relative 
to deposits in trust in savings banks, and of section thirty- 
one of said chapter apphcable to certain unclaimed deposits 



Acts, 1955. — Chap. 432. 361 

in savings banks, shall apply in all respects to similar de- 
posits in trust or similar unclaimed deposits in all depart- 
ments of trust companies. 

Section 13. Said chapter 172 is hereby amended by strik- g l. (Ter. 
ing out section 40A, inserted by chapter 261 of the acts of §4bA, etc., 
1943, and inserting in place thereof the following section: — amended. 
Section 40 A. The total liabilities of a person, including in 
the liabilities of a firm the liabilities of its several members, 
to the commercial department of a trust company, and to 
the savings department thereof for loans upon personal 
security, shall not exceed, in the aggregate, the limit upon 
the liabilities of one borrower to a trust company provided 
by section forty, or the limit of five per cent of the deposits 
and of the income derived therefrom of said savings depart- 
ment, whichever limit is the larger; provided, that neither 
of said hmitations shall apply to so much of any such loan 
as is unconditionally guaranteed as to the payment of prin- 
cipal and interest by the United States. 

Section 14. Section Gl of said chapter 172, as amended Edt-{?'|'"jei 
by section 3 of chapter 41 of the acts of 1933, is hereby fur- etc!, amended.' 
ther amended by striking out the first sentence and inserting 
in place thereof the following sentence : — All such deposits 
shall be special deposits and shall be placed in said sa\'ings 
department, and all loans or investments thereof shall be 
made in accordance with the law governing the investment 
of deposits in savings banks, except (a) as pro\'ided in sec- 
tion seventy-three of chapter one hundred and sixty-eight, 
and {b) that real estate mortgage participation loans author- 
ized under paragraph 8 of section thirty-five of said chapter 
may be made by a trust company in its savings department 
in participation Tvith one or more other trust companies in 
their sa\'ings departments, or with one or more national 
banking associations, and (c) that the limitations on amounts 
which may be invested in the classes of mortgage loans re- 
ferred to in paragraphs 1, 2 and 3 of section thirty-five and 
the limitation on the liabilities of one person referred to in 
paragraph 8 of section thirty-six of said chapter, shall not 
apply to a trust company in its savings department. 

Section 15. Section 68 of said chapter 172, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by f es.'amended. 
striking out, in line 12, the word "fifty" and inserting in 
place thereof the word : — sixty-one. 

Section 16. Section 7 of chapter 172A of the General Ed.hiJH'. 
Laws is hereby further amended by striking out clause ^Zihi: 
Second, as most recently amended by chapter 96 of the acts 
of 1952, and inserting in place thereof the following clause: — 

Second. In any securities authorized as investments for 
savings banks by sections forty-two to forty-seven, inclu- 
sive, and by paragraphs 2 and 3 of section fifty of chapter 
one hundred and sixty-eight; provided, that not more than 
twenty per cent of its certificate and other funds shall be 
invested by any such corporation in the classes of securities 
so authorized by paragraphs 3, 4 and 5 of said section forty- 



amended. 



362 Acts, 1955. — Chap. 432. 

two, by said sections forty-three to forty-seven, inclusive, 

and by said paragraphs 2 and 3 of said section fifty; and 

provided, further, that not more than one per cent of its 

certificate and other funds shall be invested by any such 

corporation in the obUgations of any one of the obUgors 

referred to in said sections and paragraphs. 

EdVi?r" Section 17. Section 105 of chapter 175 of the General 

§ 105. ' Laws, as appearing in the Tercentenary Edition, is hereby 

amended. amended by striking out, in line 28, the word "twenty-four " 

and inserting in place thereof the word : — eighteen. 

Section 18. Section 3 of chapter 43 of the acts of 1934, 
as amended by section 3 of chapter 149 of the acts of 1939, 
is hereby amended by striking out, in line 13, the word 
"fifty-five" and inserting in place thereof the word: — 
seventy-one, — and by striking out, in line 26, the words 
"said section fifty-five" and inserting in place thereof the 
words: — sections seventy-two and seventy-three. 

Section 19. The first paragraph of section 3A of said 
chapter 43, as appearing in section 1 of chapter 125 of the 
acts of 1938, is hereby amended by striking out, in line 43, 
the words "profit and loss" and inserting in place thereof 
the word : — surplus. 

Section 20. The last paragraph of said section 3A of 
said chapter 43, added by chapter 534 of the acts of 1952, is 
hereby amended by striking out, in line 1, the word "fifty- 
five" and inserting in place thereof the word: — seventy- 
one, — and by striking out, in line 10, the word "fifty-six" 
and inserting in place thereof the word : — seventy-three. 

Section 21. Section 6 of said chapter 43 is hereby 
amended by striking out the last sentence and inserting in 
place thereof the following sentence : — All accounts for 
which no claimant can be found after four years following the 
discontinuance of the business of any such bank, shall, if 
no other provisions to care for said claim have been made, 
be turned over to the state treasurer and be held by him 
subject to be reclaimed as provided in section thirty-five of 
chapter one hundred and sixty-seven of the General Laws. 

Section 22. Section 7 of said chapter 43, as amended 
by section 2 of chapter 125 of the acts of 1938, is hereby 
further amended by striking out, in line 8, the words "sec- 
tion fifty-five" and inserting in place thereof the words: — 
sections seventy-two and seventy-three. 

Section 23. Section 4 of chapter 283 of the acts of 1945 
is hereby amended by striking out paragraph (6) and insert- 
ing in place thereof the following paragraph : — 

(h) In public funds authorized for savings banks as set 
forth in sections forty-two and forty-three of chapter one 
hundred and sixty-eight of the General Laws. 

Section 24. Chapter one hundred and ninety-three of 
the acts of nineteen hundred and fifty-three, as amended by 
chapter four hundred and sixty-three of the acts of nineteen 
hundred and fiftj''-four, is hereby repealed. 

Approved June 14, 1965. 



Acts, 1955. — Chap. 433. 363 



An Act to further regulate greenhead fly control Chap ASS 

PROJECTS. 

Whereas, The deferred operation of this act would tend preamble"^ 
to defeat its purpose, which is to make immediately effective 
the provisions thereof relative to providing for the relief of 
the greenhead fly nuisance, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public health. 

Be it enacted, etc., as follows: 

Chapter 252 of the General Laws is hereby amended by ^-.hij^'- 
striking out section 24, as amended by section 1 of chapter § 24,' etc.,' 
388 of the acts of 1954, and inserting in place thereof the ''"""'^^i^'^- 
following section: — Section 24- With the approval of the Relief of the 
state reclamation board, hereinafter called the board, any nuiaanoe,'^ ^^ 
city or town along the seacoast of the commonwealth may, in provided, 
a city by vote of the city council and in a town by vote of the 
selectmen, establish 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. 

In those areas where district greenhead fly control proj- 
ects have been formed, the board shall appoint three district 
commissioners, who shall be sworn to the faithful perform- 
ance of their duties. The board shall fix the compensation 
of said commissioners at a sum not to exceed five dollars 
per day of actual servdce, and shall allow them actual travel- 
ing and other expenses incurred in the performance of their 
duties. Such compensation and expenses shall be charged 
to and paid by the district. Any commissioner may be re- 
moved by the board for cause and the board may fill va- 
cancies. The certificate of appointment of said commis- 
sioners shall be revoked by the board when the objects for 
which they have been appointed have been accomplished. 
The duties of the commissioners shall be estabUshed by the 
board. 

The votes of said cities and towns to form a district shall 
be binding for a period of not longer than five years, and 
any city or town having voted to form a district may with- 
draw from the district, on any anniversary date of its origi- 
nal vote in paragraph one, by like vote not more than sixty 
days nor less than ten days prior thereto and notification 
to the board. 

Any city or town may, with the approval of the board, 
vote as in paragraph one to become a member of an exist- 
ing district greenhead fly control project. 

The city, town or district shall determine the maximum 
annual amount to be expended in carrying out its individual 
project, and shall forthwith notify the board of such de- 
termination. 

In the case of a district greenhead fly control project the 
maximum annual cost shall be determined by the conamis- 



364 Acts, 1955. — Chap. 434. 

sioners, and the board shall determine the proportionate 
share of such annual cost, which shall be borne by each of 
the constituent municipalities, apportioned as hereinafter set 
forth, and shall forthwith notify the treasurer of each mem- 
ber 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 estabhshing 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 
any 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 
the board, and, where necessary or advisable, in advance of 
the payment by any city or town of the amount of its 
Uabihty under the foregoing paragraph, sums not in the 
excess of the maxima respectively established for said proj- 
ects, for the elimination or control of the greenhead fiy nui- 
sance 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 
rehef. There may also be disbursed for the furtherance of 
such a project any other sums voluntarily deposited with 
the state treasurer by any persons, groups or associations 
for said project purposes. Approved June 14, 1955. 

ChapAS4: An Act relative to the renewal of registrations of 

CERTAIN PERSONS BY THE BOARD OF REGISTRATION OF 
HAIRDRESSERS, AND THE ISSUANCE OF CERTAIN TEMPORART 
LICENSES PENDING SUCH RENEWALS. 

Be it enacted, etc., as follows: 
G. L. (Ter. Sectiou 87GG of chapter 112 of the General Laws is 

f 87GGfetc., hereby amended by striking out the third and fourth sen- 
amended. tcuces, as appearing in chapter 291 of the acts of 1953, and 

inserting in place thereof the following four sentences: — 
Renewals, Any hairdresscr, manicurist, instructor or operator whose 
''**'■ registration has not been renewed within three years follow- 

ing the date of expiration thereof shall be entitled to renewal 



Acts, 1955. — Chap. 435. 365 

of such registration upon filing an application, accompanied 
by the proper fee therefor and by passing a practical exam- 
ination satisfactory to the board; provided, however, that 
upon filing such application and fee plus an additional fee of 
five dollars the board may, at the request of such applicant, 
grant to the apphcant a temporary license, authorizing him 
to practice as such hairdresser, operator or manicurist, as 
the case may be; and provided, further, that the applicant's 
original license was not suspended or revoked. Such tem- 
porary license shall bear an expiration date of six months 
from date of issuance, and the place of employment of such 
temporary licensee. If such applicant fails to appear for 
examination in accordance with the provisions of section 
eighty-seven KK during such period he shall forfeit such 
temporary license, as well as the fee for examination. There 
shall be no refund once a temporary license has been issued 
to the applicant. Approved June 14, 1955. 

An Act relative to the issuance by the board of ChapASd 

REGISTRATION OF HAIRDRESSERS OF TEMPORARY LICENSES 
FOR CERTAIN NON-RESIDENT HAIRDRESSERS, OPERATORS 
AND MANICURISTS. 

Be it enacted, etc., as follows: 

Section 87Z of chapter 112 of the General Laws is hereby g. l. (Ter. 
amended by striking out the paragraph added by chapter 274 f 87Z "t^o.. 
of the acts of 1953, and inserting in place thereof the follow- amended. ' 
ing paragraph : — 

Any hairdresser, operator or manicurist who has been regis- Non-resident 
tered as such under the laws of another state which, in the etT'^tlmpo- 
opinion of the board, maintains a standard substantially rary licensing 
equivalent to that of the commonwealth but does not have 
a reciprocal registration agreement wdth the commonwealth, 
and who has filed an application for registration under sec- 
tions eighty-seven T to eighty-seven JJ, inclusive, may, upon 
request to the board, be granted a temporary license author- 
izing him to practice as such hairdresser, operator or mani- 
curist, as the case may be. Such temporary hcense shall 
bear an expiration date of six months from date of issuance 
and the address where such temporary hcensee is employed. 
Only one such temporary license shall be granted to such 
applicant. The fees for such temporary Ucenses shall be 
ten dollars for a hairdresser, five dollars for an operator and 
five dollars for a manicurist. If an applicant fails to appear 
for examination in accordance with the provisions of sec- 
tion eighty-seven KK he shall forfeit such temporary li- 
cense, as well as the fee for examination. There shall be 
no refund once a temporary license has been issued to the 
applicant. Approved June 14, 1955, 



366 Acts, 1955. — Chaps. 436, 437, 438. 



ChavAdQ An Act relative to the construction of a railroad 

BRIDGE OVER A CERTAIN PORTION OF THE CHELSEA CREEK. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of chapter seven hun- 
dred and ninety-nine of the acts of nineteen hundred and 
fifty-one, or of any general or special law, the Massachu- 
setts aeronautics commission is hereby empowered to author- 
ize the construction and maintenance of a railroad bridge, 
to replace the Grand Junction railroad bridge, over that sec- 
tion of the Chelsea creek lying within the northwest ap- 
proach zone to the General Edward Lawrence Logan In- 
ternational Airport, as established by said chapter seven 
hundred and ninety-nine; provided, that any structure au- 
thorized hereunder shall not exceed a height of one hundred 
and eighty feet above mean sea level, and shall be marked 
and lighted in such manner as may be required by the 
Massachusetts aeronautics commission. 

Approved June 14, 1955, 

ChapAS7 An Act relative to sick leave for certain police 

OFFICERS OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section L Section 4 of chapter 146 of the acts of 1947 
is hereby amended by striking out the second sentence and 
inserting in place thereof the follomng sentence: — Sick 
leave not used in the year in which it accrues may be ac- 
cumulated for use in a subsequent year. 

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

Approved June 14, 1955. 

Chap ASS An Act providing for the acquisition by the common- 
wealth OF A certain parcel OF LAND ON NEPTUNE 
ROAD IN THE EAST BOSTON DISTRICT OF THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of improving the General 
Edward Lawrence Logan International Airport, the com- 
missioner of airport management shall, with the approval of 
four members of the state airport management board, take 
in the name of the commonwealth by eminent domain under 
chapter seventy-nine of the General Laws, the parcel of land 
in the East Boston district of the city of Boston containing 
three thousand square feet and shown on plan on file in the 
oflSce of the commissioner of public works of said city en- 
titled " City of Boston — Neptune Rd. — East Boston — 
May 27, 1955 — George G. Hyland, Commissioner of Public 
Works; provided, however, that such taking shall be made 



Acts, 1955. — Chap. 439. 367 

expressly subject to any and all rights of the United States 
of America in such land; and provided, further, that no 
damages shall be paid to the city of Boston for such taking. 

Section 2. So long as the metropolitan district commis- 
sion shall have the care and control of World War Memorial 
Park under chapter five hundred and twenty-eight of the 
acts of nineteen hundred and fifty-three, and until such time 
as the governor and council, upon request of the state air- 
port management board, directs its transfer to said board 
for airport purposes, said commission shall have the care 
and control of the land to be acquired by the commonwealth 
under section one of this act and shall have the care, control 
and maintenance of the bridge upon and over such land or 
other suitable means of access to said park. 

Section 3. This act shall take full effect upon its accept- 
ance by the city council of the city of Boston, subject to the 
provisions of the charter of said city, but not otherwise. 

Approved June I4, 1955. 

An Act relating to improved facilities and co-ordi- C/iap.439 

NATED EFFORT IN THE FIELD OF NATURAL RESOURCES IN 
THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

The board of natural resources and the trustees of the 
University of Massachusetts, acting jointly or through such 
representatives or officials as they may designate, are hereby 
authorized and directed to study the present facilities and 
programs for instruction, experimentation, practice and field 
work of the various departments, boards and commissions 
of the commonwealth, so far as they concern natural re- 
sources as defined in section one of chapter twenty-one of 
the General Laws, as appearing in section one of chapter 
six hundred and thirty-one of the acts of nineteen hundred 
and fifty-three, and, in particular, forestry, plant disease, in- 
sect pest control, wild mammal, bird, and fish life and their 
environment, for the purpose of co-ordinating such facihties 
and programs and rendering them more effective. 

Upon completion of such study, but not later than the 
first Wednesday in January, nineteen hundred and fifty-six, 
they shall jointly submit to the general court such recom- 
mendations as to physical facilities, courses of study and 
plans for experimental and field work as shall appear best 
designed to pro\'ide for the commonwealth the most satis- 
factory return, and the greatest permanent value from and 
protection of its forests, waters, wild life and other natural 
resources, increase the body of knowledge relating thereto, 
provide for adequate instruction therein, and further the 
practical appUcation of such knowledge and instruction. 

Approved June I4, 1955. 



368 Acts, 1955. — Chaps. 440, 441. 

Chap. 4:40 An Act validating action of the town of Westminster 

RELATIVE TO ERECTING AND EQUIPPING A FIRE STATION 
THEREIN. 

Be it enacted, etc., as follows. 

Section 1. The action of the town of Westminster taken 
at the annual town meeting held on March fifth, nineteen 
hundred and fifty-five, m voting that the sum of fifty thou- 
sand dollars be raised and appropriated for the construction 
and original equippmg of a fire station, and to meet such 
appropriation that the sum of four thousand dollars be raised 
from the tax levy of the current year; that the further sum 
of six thousand dollars be appropriated from available funds 
in the treasury; and that the treasurer, -with the approval 
of the selectmen, be authorized to borrow the sum of forty 
thousand dollars and to issue notes of the town therefor, 
payable in not more than ten years, the loan to be under 
authority of and in accordance with the provisions of chap- 
ter forty-four of the General Laws; and ah acts done in 
pursuance thereof are hereby confirmed and made vafid not- 
withstanding the failure to obtain the approval of the emer- 
gency finance board, estabhshed under chapter forty-nine of 
the acts of nineteen hundred and thirty-three. No indebt- 
edness shall be incurred under the proxdsions of this section 
without the approval of a majority of the members of the 
emergency finance board, upon such terms and conditions as 
said board shall determine. 

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

Approved June 15, 1955. 

Chap. 441 An Act authorizing the city of boston to convey to 

THE commonwealth FOR ARMORY PURPOSES CERTAIN LAND 
IN THE DORCHESTER DISTRICT OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any contrary provision of 
general or special law, the city of Boston, acting by its 
mayor, may without consideration convey to the common- 
wealth for armory purposes any part or parts or the whole of 
the land on the northerly side of Victory road in the Dor- 
chester district of said city belonging to said city and now 
under the care and custody of its parks and recreation 
commission; provided, that such 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 
first of said readings and votes to be had only after the con- 
veyance is recommended by said parks and recreation 
commission; and the second of said readings and votes to 
be had not less than fourteen days after the first. 

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

Approved June 16, 1956. 



Acts, 1955. — Chaps. 442, 443. 369 

An Act to place under the jurisdiction of the depart- C/iap. 442 

MENT OF PUBLIC WORKS OF THE CITY OF GLOUCESTER THE 
CONTROL AND MANAGEMENT OF THE PLAYGROUND DEPART- 
MENT OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The management and control of the play- 
ground department of the city of Gloucester is hereby placed 
under the jurisdiction of the department of public works of 
said city, said department to be managed by a director who 
shall be appointed by and act under the super^dsion of the 
city manager of said city. 

Section 2. The playground commission estabhshed 
under the provisions of section fourteen of chapter forty-five 
of the General Laws is hereby abolished, and the powers and 
duties of the said commission shall hereafter be vested in and 
performed by the said director of public works of said city. 

Section 3. All persons now employed in the playground 
department of said city are hereby transferred to its depart- 
ment of pubhc works, subject to the approval of the civil 
service director in cases where the employment is subject to 
the rules and regulations of the civil service commission, and 
such transfer shall be made without loss of pay and without 
change of rating, seniority, retirement or pension rights or 
any other rights or privileges to which said employees may 
be subject. 

Section 4. No contracts or liabilities in force in said 
playground department of the city of Gloucester on the 
effective date of this act shall be affected, and the said 
director of the department of public works shall be the lawful 
successor of said playground commission. 

Section 5. This act shall be submitted for acceptance to 
the registered voters of the city of Gloucester at its regular 
city election in the current year in the form of the following 
question, which shall be placed upon the official ballot to be 
used at said election: — "Shall an act passed by the general 
court in the year nineteen hundred and fifty-five, entitled 
'An Act to place under the jurisdiction of the department of 
public works of the city of Gloucester the control and manage- 
ment of the playground department of said city', be ac- 
cepted?" If a majority of the votes in answer to said ques- 
tion is in the affirmative, then this act shall thereupon take 
full effect, but not otherwise. Approved June 15, 1955. 

An Act to place under the jurisdiction of the depart- Chav 443 

MENT of public works of THE CITY OF GLOUCESTER THE 
CONTROL AND MANAGEMENT OF THE SEWER DEPARTMENT 
OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The management and control of the sewer 
department of the city of Gloucester is hereby placed under 
the jurisdiction of the department of pubfic works of said 



370 Acts, 1955. — Chap. 444. 

city, said department to be managed by a director who 
shall be appointed by and act under the supervision of the 
city manager of said city. 

Section 2. The board of sewerage survey estabhshed 
under the provisions of chapter two hundred and twenty- 
four of the acts of nineteen hundred and twenty-five is 
hereby abolished, and the powers and duties of the said 
board shall hereafter be vested in and performed by the 
said director of pubhc works of said city. 

Section 3. All persons now employed in the sewer de- 
partment of said city are hereby transferred to its depart- 
ment of public work