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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. 


41 


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Form  of  gen- 
eral regiater. 


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. 
0  '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  works,  subject  to  the  approval  of  the  civil 
service  director  in  cases  where  the  employment  is  subject 
to  the  rules  and  regulations  of  the  ci\'il  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  em- 
ployees may  be  subject. 

Section  4.  No  contracts  or  liabilities  in  force  in  said 
sewer  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  sewerage  survey. 

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  sewer  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  June  15,  1955. 

ChapA4:4:  An  Act  relative  to  the  holding  of  property  by  the 

university  of  MASSACHUSETTS  BUILDING  ASSOCIATION  AND 
THE  LEASING  OF  CERTAIN  STATE  LAND  TO  SAID  CORPORA- 
TION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  University  of  Massachusetts  Building  Asso- 
ciation, incorporated  under  the  name  of  Massachusetts  State 
College  Building  Association  by  section  one  of  chapter  three 
hundred  and  eighty-eight  of  the  acts  of  nineteen  hundred 
and  thirty-nine,  is  hereby  authorized  to  hold,  for  the  pur- 
poses set  forth  in  said  chapter,  real  and  personal  estate  to  an 
amount  not  exceeding  one  million  two  hundred  thousand 
dollars,  in  addition  to  the  amount  of  real  and  personal  es- 
tate which  may  be  held  by  said  corporation  under  authority 
of  said  chapter  and  of  chapter  three  hundred  and  ninety  of 
the  acts  of  nineteen  hundred  and  forty-five  and  of  chapter 


Acts,  1955.  —  Chap.  445.  371 

three  hundred  and  fifty-two  of  the  acts  of  nineteen  hundred 
and  fortj^-SLx,  and  of  chapter  one  hundred  and  eighty-five  of 
the  acts  of  nineteen  hundred  and  forty-eight,  and  of  chapter 
four  hundred  and  fourteen  of  the  acts  of  nineteen  hundred 
and  fifty,  and  of  chapter  two  hundred  and  eleven  of  the  acts 
of  nineteen  hundred  and  fifty-two,  and  of  chapter  three 
hundred  and  fifty-six  of  the  acts  of  nineteen  hundred  and 
fifty-three,  and  of  chapter  four  hundred  of  the  acts  of  nine- 
teen hundred  and  fifty-four. 

Section  2.  The  trustees  of  the  University  of  Massachu- 
setts may,  in  the  name  of  and  for  the  commonwealth,  lease 
to  said  corporation  two  acres  of  land  in  Amherst  or  Hadley 
owned  by  the  commonwealth,  for  the  erection  and  mainte- 
nance of  dormitories,  commons  and  other  buildings  for  the 
use  of  said  university  or  its  students,  faculty  and  staff.  The 
land  hereby  authorized  to  be  leased  to  said  corporation  shall 
be  in  addition  to  the  aggregate  land  authorized  to  be  leased 
pursuant  to  section  six  of  said  chapter  three  hundred  and 
eighty-eight  of  the  acts  of  nineteen  hundred  and  thirty- 
nine  and  section  two  of  said  chapter  three  hundred  and 
ninety  of  the  acts  of  nineteen  hundred  and  forty-five  and 
section  two  of  said  chapter  three  hundred  and  fifty-two  of 
the  acts  of  nineteen  hundred  and  forty-six  and  section  two  of 
said  chapter  one  hundred  and  eighty-five  of  the  acts  of 
nineteen  hundred  and  forty-eight  and  section  two  of  said 
chapter  four  hundred  and  fourteen  of  the  acts  of  nineteen 
hundred  and  fifty  and  section  two  of  said  chapter  two  hun- 
dred and  eleven  of  the  acts  of  nineteen  hundred  and  fifty- 
two  and  section  two  of  said  chapter  three  hundred  and  fifty- 
six  of  the  acts  of  nineteen  hundred  and  fifty-three  and  sec- 
tion two  of  said  chapter  four  hundred  of  the  acts  of  nineteen 
hundred  and  fifty-four;  but  nothing  in  this  section  shall  be 
construed  as  limiting  or  restricting  the  powers  conferred  upon 
said  trustees  by  said  section  six  of  said  chapter  three  hundred 
and  eighty-eight  with  respect  to  the  leasing  of  lands  by  them 
to  said  corporation.  Approved  June  15,  1965. 

An  Act  to  facilitate  the  sale  of  veterans'  housing  C/iap. 445 

CONSTRUCTED  ON  LAND  ACQUIRED  THROUGH  TAX  TITLE 
FORECLOSURE. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  expedite  those  sales  of  p''^^'^'^'^- 
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  reluctance  of  conveyancers  to  pass 
titles  based  upon  tax  titles;  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Any  city  or  town  which,  acting  under  section  six  of  chap- 
ter three  hundred  and  seventy-two  of  the  acts  of  nineteen 


372  Acts,  1955.  —  Chap.  446. 

hundred  and  forty-six  or  any  act  amendatory  thereof,  has 
constructed  a  residence  on  land  acquired  by  such  city  or 
town  through  the  foreclosure  of  a  tax  title  may,  acting 
through  the  agent  prescribed  by  section  eight  of  said  chap- 
ter three  hundred  and  seventy-two,  as  amended,  take  such 
land  by  eminent  domain  for  the  purpose  of  confirming  its 
title  thereto.  Approved  June  20,  1966. 


ChapA4:6  An  Act  authorizing  the  armory  commission  to  convey 

CERTAIN  LAND  TO  THE  TOWN  OF  FRAMINGHAM. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  armory  commission,  in  the  name  and  on 
behalf  of  the  commonwealth,  is  hereby  authorized  and 
directed,  subject  to  approval  by  the  governor  and  council, 
to  convej^  to  the  town  of  Framingham  the  following  parcel 
of  land,  located  in  said  town,  containing  15.55  acres  bounded 
and  described  as  follows:  —  Beginning  at  a  point  on  the 
boundarj^  line  between  the  land  of  the  Commonwealth  of 
Massachusetts,  Armory  Commission,  and  land  of  the 
Framingham  Housing  Authority,  said  point  being  located 
S  4°  59'  35"  "VV,  five  hundred  seven  and  sixty-nine  one  hun- 
dredths (507.69)  feet  from  the  southerly  location  line  of 
Worcester  road;  thence  running  S  4°  59'  35"  W,  eight 
hundred  twenty  and  ninety-four  one  hundredths  (820.94) 
feet  to  a  stone  bound;  thence  running  N  85°  00'  25"  W,  one 
hundred  seventy  (170.00)  feet  to  a  stone  bound;  thence 
running  S  4°  59'  35"  W,  eleven  hundred  thirty  and  forty- 
four  one  hundredths  (1130.44)  feet  to  a  stone  bound  at  other 
land  of  the  grantor;  said  last  three  courses  being  by  land  of 
the  Framingham  Housing  Authority;  thence  running 
N  88°  44'  25"  W,  two  hundred  ninety-nine  and  ninety-nine 
one  hundredths  (299.99)  feet  by  other  land  of  this  grantor  to 
a  point  at  land  of  the  Town  of  Framingham ;  thence  running 
N  3°  42'  23"  W,  thirty-eight  and  forty-nine  one  hundredths 
(38.49)  feet  to  a  stone  bound;  thence  running  N  4°  44'  12"  W, 
three  hundred  seventy-six  and  eighty-seven  one  hundredths 
(376.87)  feet  to  a  stone  bound  at  land  of  Charles  and  Joseph 
Fantony,  Trustees,  said  last  two  courses  being  by  land  of  the 
Tov/n  of  Framingham;  thence  running  N  44°  15'  58"  E,  one 
hundred  ninety-six  and  nineteen  one  hundredths  (196.19) 
feet  to  a  stone  bound;  thence  running  N  0°  25'  57"  E,  ninety- 
nine  and  eighty-eight  one  hundredths  (99.88)  feet  to  a  stone 
bound;  thence  running  N  0°  36'  52"  E,  five  hundred  twenty- 
seven  and  sixty-three  one  hundredths  (527.63)  feet  to  a  stone 
bound  at  land  of  the  Commonwealth  of  Mass.,  Dept.  of 
Public  Safety,  said  last  three  courses  being  by  land  of 
Charles  and  Joseph  Fantony,  Trustees,  thence  running 
N  9°  52'  14"  E.  seven  hundred  fifteen  and  sixty-eight  one 
hundredths  (715.68)  feet  b.y  land  of  the  Commonwealth  of 
Massachusetts,  Dept.  of  Public  Safet3%  to  a  point  on  a  line 
which  is  parallel  to  and  five  hundred  (500.00)  feet  southerly 


Acts,  1955.  — Chaps.  447,  448.  373 

of  the  southerly  location  line  of  Worcester  road  thence  run- 
ning N  85°  00'  18"  E,  four  hundred  eight  and  twentj'^-two 
one  hundredths  (408.22)  feet  on  a  line  located  parallel  to  and 
five  hundred  (500.00)  feet  southerly  of  the  southerly  location 
line  of  Worcester  road,  said  line  being  by  other  land  of  the 
grantor  to  the  point  of  beginning. 

The  above  is  more  fully  shown  on  a  plan  entitled  "Plan 
Showing  Land  Conveyed  by  the  Commonwealth  of  Massa- 
chusetts —  To  the  Town  of  Framingham  —  Off  Worcester 
Road  —  Framingham,  Mass.  —  Scale  I"  =  100'  —  Decem- 
ber, 1954  —  Richard  T.  Mackey,  Chief  Engineer. 

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

Approved  June  20,  1955. 

An  Act  authorizing  the  bourne  water  district  to  ap-  Chap .4:4^7 

PROPRIATE    AND    PAY    A    SUM    OF    MONEY    TO    SUN    VALLEY 
BEACH,    INC. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Bourne  Water  District  is  hereby  author- 
ized to  appropriate  the  sum  of  seventeen  thousand  dollars 
and  pay  the  same  to  Sun  Valley  Beach,  Inc.,  to  reimburse 
it  for  money  expended  by  it  for  water  main  extensions  in  or 
on  certain  ways  in  said  district;  provided,  that  no  payment 
shall  be  made  hereunder  unless  and  until  said  Sun  Valley 
Beach,  Inc.  shall  have  released  to  said  district  by  proper 
instruments  all  right,  title  and  interest  which  it  has  in  said 
works,  nor  unless  and  until  said  district  shall  have  received 
or  acquired  permanent  easements  for  the  operation  and  main- 
tenance of  said  water  main  extensions  in  or  on  the  aforesaid 
ways. 

Section  2.  For  the  purpose  of  providing  funds  to  make 
the  payment  authorized  under  section  one,  said  Bourne 
Water  District  may  borrow  within  three  years  from  the 
passage  of  this  act  such  sums  as  may  be  necessary  not  ex- 
ceeding, in  the  aggregate,  seventeen  thousand  dollars,  and 
may  issue  bonds  or  notes  therefor  for  a  period  not  exceeding 
ten  years  from  their  dates.  Except  as  provided  by  this  act 
said  indebtedness  shall  be  subject  to  chapter  forty-four  of 
the  General  Laws. 

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

Approved  June  SO,  1955. 

An  Act  extending  the  authority  of  the  department  Chap. 4:48 

OF    public    WORKS    TO    DO    CERTAIN    WORK    IN    TIDAL    AND 
NON-TIDAL   WATERS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  authorize  the  department  ^'^^^^ 
of  public  works  to  do  certain  necessary  work  without  delay, 
therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  pubUc  health, 
safety  and  convenience. 


374 


Acts,  1955. —  Chaps.  449,  450. 


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


Improvement 
and  preserva- 
tion of  rivers, 
harbors,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  first  sentence  of  section  11  of  chapter  91 
of  the  General  Laws,  as  most  recently  amended  by  chapter  5 
of  the  acts  of  1955,  is  hereby  further  amended  by  inserting 
after  the  word  "streams",  in  line  4,  the  words:  —  great 
ponds. 

Section  2.  Said  section  11  of  said  chapter  91  is  hereby 
further  amended  by  inserting  after  the  first  sentence  the 
following  sentence:  —  The  department,  in  pursuance  of  the 
work  authorized,  may  construct,  reconstruct,  alter  and  re- 
pair bridges,  culverts,  conduits,  pipes,  walls  and  dams,  and 
may  do  such  other  incidental  work  as  may  be  deemed 
necessary  for  the  improvement  and  safety  of  waterways. 

Approved  June  20,  1955. 


ChapA49  An  Act  to  require  hospitals  to  determine  blood  type 

OF   patients. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  111. 
new  §  71A. 
added. 

Hospitals  to 
determine 
blood  type 
of  patients. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  provide  forthwith  for  the 
determination  of  blood  types  of  patients  at  hospitals,  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  111  of  the  General  Laws  is  hereby  amended  by 
inserting  after  section  71  the  following  section:  —  Section 
71A.  All  pubUc  and  private  hospitals  functioning  ^\athin 
the  commonwealth  shall  determine  the  blood  type  of  patients 
treated  therein  when  in  the  opinion  of  the  attending  physician 
such  a  procedure  is  necessary  for  the  protection  of  the  pa- 
tient's health  or  life.  Approved  June  20,  1955. 


Chap. 4:50  An  Act  to  provide  further  for  the  establishment  of 
off-street  parking  facilities  in  the  city  of  boston. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Chapter  474  of  the  acts  of  1946  is  hereby 
amended  by  inserting  after  section  5A,  inserted  by  chapter 
625  of  the  acts  of  1951,  the  following  section:  —  Section  5B. 
To  provide,  for  the  purposes  of  this  act,  funds  in  addition  to 
the  funds  provided  by  sections  five  and  five  A,  the  city  may 
borrow,  from  time  to  time,  not  exceeding  in  the  aggregate 
under  this  section  ten  milhon  dollars,  and  may  issue  and  sell 
at  public  sale  serial  bonds  or  notes  of  the  city  therefor,  which 
shall  be  registered  or  with  interest  coupons  attached  as  the 
collector-treasurer  of  the  city  may  deem  best.  Such  bonds  or 
notes  shall  bear  on  their  face  the  words,  City  of  Boston, 
Parking  Facilities  Loan,  Act  of  1955.  Each  issue  shall 
constitute  a  separate  loan,  and  such  loans  shall  be  paid 
in  not  more  than  twenty  years  from  their  dates.  Debt  in- 
curred from  time  to  time  under  this  section  shall  not  be 
included  in  determining  the  limit  of  indebtedness  of  the  city 


Acts,  1955.  —  Chap.  451.  375 

as  established  by  law,  but  shall,  except  as  herein  provided,  be 
subject  to  the  provisions,  applicable  to  the  city,  of  chapter 
forty-four  of  the  General  Laws,  exclusive  of  the  limitation 
contained  in  the  first  paragraph  of  section  seven  thereof. 
Said  collector-treasurer  may  issue  temporary  notes  of  the  city 
payable  in  not  more  than  one  year  from  their  dates,  in  antici- 
pation of  the  issue  of  serial  bonds  or  notes  authorized  by  this 
section,  but  the  time  within  which  such  serial  bonds  or  notes 
shall  become  due  and  payable  shall  not,  bj''  reason  of  such 
temporary  notes,  be  extended  beyond  the  time  fixed  by  this 
section.  All  notes  issued  in  anticipation  of  the  issue  of 
such  serial  bonds  or  notes  shall  be  paid  from  the  proceeds 
thereof. 

Section  lA.  All  members  of  the  board  of  real  estate  com- 
missioners of  the  city  of  Boston,  established  by  chapter  four 
hundred  and  thirty-four  of  the  acts  of  nineteen  hundred  and 
forty-three  and  authorized  by  chapter  four  hundred  and 
seventy-four  of  the  acts  of  nineteen  hundred  and  forty-six 
to  proceed  with  the  establishment  of  public  off-street  parking 
facilities  in  said  citj^,  shall  be  residents  of  said  city ;  provided, 
however,  that  this  section  shall  not  apply  to  the  appointment 
or  reappointment  of  persons  who  are  members  on  the  effec- 
tive date  of  this  act. 

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

Approved  June  20,  1955. 


An  Act  authorizing  the  department  of  public  safety  ChavAbl 

TO  SELL  certain  LAND  TO  THE  TOWN  OF  FRAMINGHAM. 

Be  it  enacted,  etc.,  as  follows: 

The  commissioner  of  public  safety,  in  the  name  and  on 
behalf  of  the  commonwealth,  is  hereby  authorized  and  di- 
rected, subject  to  approval  by  the  governor  and  council,  to 
sell  and  convey  to  the  town  of  Framingham  the  following 
parcel  of  land,  located  in  said  towm,  containing  1.31  acres 
bounded  and  described  as  follows :  —  Beginning  at  a  stone 
bound  which  marks  the  common  boundary  Une  of  the  land 
of  Fantony,  Commonwealth  of  Mass.,  Department  of  PubHc 
Safety  and  the  Commonwealth  of  Mass.,  Armory  Commis- 
sion; thence  running  N  9°  52'  14"  E,  two  hundred  thirty- 
four  and  ninety-two  one  hundredths  (234.92)  feet  by  land 
of  the  Commonwealth  of  IVIass.,  Armory  Commission,  to  a 
point  at  land  of  this  grantor;  thence  running  N  80°  07' 
46"  W,  four  hundred  two  and  eighty-one  one  hundredths 
(402.81)  feet  by  other  land  of  this  grantor  to  a  stone  bound 
at  land  of  Fantony  Trustees;  thence  running  S  17°  48' 
52"  W,  thirty-one  and  sixty-four  one  hundredths  (31.64) 
feet  to  a  point;  thence  running  S  29°  19'  08"  E,  eighty-four 
and  five  tenths  (84.5)  feet  to  a  stone  bound;  thence  running 
S  51°  06'  48"  E,  forty-five  and  seventy-six  one  hundredths 
(45.76)  feet  to  a  stone  bound;  thence  running  S  84°  10'  48"  E, 
sixty-one  and  sixty-six  one  hundredths  (61.66)  feet  to  a  stone 


376  Acts,  1955.  — Chaps.  452,  453,  454. 

bound;  thence  running  S  43°  59'  48"  E,  one  hundred  two 
and  four  one  hundredths  (102.04)  feet  to  a  stone  bound; 
thence  running  S  63°  10'  18"  E,  seventy-one  and  thirty-six 
one  hundredths  (71.36)  feet  to  a  stone  bound;  thence  run- 
ning S  59°  24'  28"  E,  one  hundred  nine  and  sixty-two  hun- 
dredths (109.62)  feet  to  a  stone  bound  at  the  point  of  begin- 
ning, said  last  seven  courses  being  by  land  of  Charles  and 
Joseph  Fantony,  Trustees. 

The  above  is  more  fully  shown  on  a  plan  entitled  "Plan 
Showing  land  Conveyed  by  the  Commonwealth  of  Mass.,  to 
the  Town  of  Framingham  —  Off  Worcester  Road,  Framing- 
ham,  Mass.  — Scale  1"=40'  —  December,  1954  —  Richard 
T.  Mackey,  Chief  Engineer.  Approved  June  20,  1955. 

Chap .452  An  Act  providing  that  fees  and  penalties  recovered 

FOR    certain   violations   AT    STATE    OWNED    AIRPORTS    BE 
CREDITED   TO   THE    GENERAL   FUND. 

Be  it  enacted,  etc.,  as  foUows: 

G^L.  (Ter.  The  first  paragraph  of  section  50D  of  chapter  90  of  the 

§  sob,  etc.,  General  Laws,  as  amended  by  section  3  of  chapter  762  of 

amended.  ^^iQ  acts  of  1949,  is  hereby  further  amended  by  adding  at 

Fines  and  the  end  the  following  sentence :  — ■  Notwithstanding  any  other 

penalties  to  ..  ,.  ■,  ii/>  i  li-  jr  •    ^ 

he  credited  to    provisiou  of  law,  all  fines  and  penalties  recovered  tor  viola- 

GeneraiFund.    ^ions  of  rulcs  and  regulations  made  by  the  commissioner, 

under  authority  of  this  section,  shall  be  accounted  for  and 

forwarded  to  the  commissioner  to  be  credited  to  the  General 

Fund  of  the  commonwealth.  Approved  June  20,  1955. 

Chap. 453  An  Act  providing  that  soil  explorations  and  test  bor- 
ings PRIOR  TO  THE  CONSTRUCTION  OF  CERTAIN  PUBLIC 
WORKS  BE  DEEMED  PUBLIC  WORKS  FOR  CERTAIN  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

EdV  14^"  Section  27D  of  chapter  149  of  the  General  Laws,  inserted 

§  27b,  etc.,       by  chapter  461  of  the  acts  of  1935,  is  hereby  amended  by 

amended.  inserting  after  the  word  "works",  in  Une  4,  the  words:  — , 

and  certain  work  done  preliminary  to  the  construction  of 

public  works,  namely,  soil  explorations  and  test  borings. 

Approved  June  20,  1955. 

Chap. 454  An  Act  relative  to  the  sewer  system  of  the  town  of 

hingham. 

Be  it  enacted^  etc.,  as  follows: 

Section  1.  The  power  and  authority  given  in  chapter 
eighty-two  of  the  acts  of  nineteen  hundred  and  forty-six  to 
a  board  of  sewer  commissioners  of  the  to^vn  of  Hingham  to 
be  elected  after  the  adoption  by  the  town  of  said  act  shall, 
from  and  after  the  adoption  of  said  act  by  said  town  on 
March  twenty-eighth,  nineteen  hundred  and  fifty -five,  ex- 
tend in  all  respects  to  the  board  of  sewer  commissioners  of 


Acts,  1955.  —  Chap.  455.  377 

the  town  of  Hingham  as  from  time  to  time  in  office  under 
section  sixty-three  of  chapter  forty-one  of  the  General  Laws, 
pursuant  to  the  vote  of  the  town  at  the  annual  to^vn  meeting 
held  in  nineteen  hundred  and  forty-six. 

Section  2.  The  town  of  Hingham  may  from  time  to  time 
construct  systems  of  main  drains  and  common  sewers  in 
parts  of  the  north  sewer  district  of  the  town  as  defined  in 
chapter  eighty-two  of  the  acts  of  nineteen  hundred  and  forty- 
six  and  chapter  five  hundred  and  ninety-one  of  the  acts  of 
nineteen  hundred  and  forty-five,  and  shal]  apply  to  all  such 
construction.  The  requirement  of  section  eight  of  chapter 
eighty-two  of  the  acts  of  nineteen  hundred  and  forty-six 
that  the  town  shall  pay  not  less  than  one  fourth  nor  more 
than  two  thirds  of  the  whole  cost  shall  apply  only  to  the 
whole  cost  of  the  entire  system  of  the  north  sewer  district, 
and  in  constructing  from  time  to  time  portions  of  the  entire 
system  in  parts  of  the  district  the  board  of  sewer  commis- 
sioners may  estimate  the  future  cost  of  the  entire  system  and 
future  assessments  to  be  made  and  make  payments  in  ac- 
cordance wT.th  the  application,  to  such  estimates  and  to  the 
already  incurred  costs  and  determined  assessments,  of  the 
proportions  and  methods  of  assessment  permitted  by  statute 
and  adopted  by  town  vote. 

Section  3.  Any  action  taken  by  the  town  of  Hingham 
under  article  sixty-one  of  the  warrant  at  the  annual  town 
meeting  held  in  nineteen  hundred  and  fifty-five  in  relation 
to  the  laying  out  and  construction  of  a  system  of  main  drains 
and  common  sewers  in  a  part  of  the  north  sewer  district  of 
the  town  is  hereby  validated  and  confirmed  in  all  respects. 

Approved  June  20,  1955. 

An  Act  relative  to  the  prepayment  of  contracts  of  ChavAbb 

CONDITIONAL  SALE  OF  PERSONAL  PROPERTY. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  255  of  the  General  Laws  is  hereby  amended  bj'-  g.  l.  (Ter. 
inserting  after  section  12 A,  inserted  by  chapter  81  of  the  new^'j^mj, 
acts  of  1950,  the  following  section:  —  Section  12B.     Not-  added. 
withstanding  any  provisions  to  the  contrary  in  any  condi-  Payments  of 
tional  sale  contract  or  purchase  money  chattel  mortgage,  cSndHional 
covering  a  sale  of  personal  property  for  any  use  other  than  a  sona°property, 
commercial   or  business  use   (but  including  all  passenger  regulated. 
motor  vehicles)  the  buyer  may  satisfy  in  full  at  any  time 
before  maturity  the  debt  of  such  conditional  sale  contract  or 
purchase  money  chattel  mortgage  and  in  so  satisfying  such 
debt  shall  receive  a  credit  thereon  for  such  anticipation  of 
payments.    Upon  any  satisfaction  of  such  debt  by  the  buyer 
prior  to  maturity,  then,  the  amount  of  such  credit  shall 
represent  at  least  as  great  a  proportion  of  the  total  amount 
of  the  finance  charge,  after  first  deducting  from  such  finance 
charge  the  cost  of  any  insurance  included  therein  and  an 
acquisition  cost  in  the  case  of  motor  vehicles  of  twelve 
dollars  and  fifty  cents  and  in  other  cases  five  dollars,  as  the 


378  Acts,  1955.  —  Chaps.  456,  457. 

sum  of  the  periodical  time  balances  after  the  month  in  which 
such  contract  or  mortgage  is  paid  in  full,  bears  to  the  sum  of 
all  the  periodical  time  balances  under  the  schedule  of  pay- 
ments in  the  original  contract.  This  computation  of  rebate 
to  be  made  under  the  so-called  sum  of  the  digits  method  or 
the  "Rule  of  78". 

Where  the  amount  of  the  credit  for  anticipation  of  pay- 
ments is  less  than  one  dollar,  no  refund  need  be  made. 

Approved  June  SO,  1955. 

ChapA5Q  An  Act  requiring  candidates  for  nominations   by  a 

POLITICAL  PARTY  AT  A  PRIMARY  IN  THE  CITY  OF  BROCKTON 
TO  BE  CERTIFIED  AS  ENROLLED  MEMBERS  OF  SUCH  PARTY 
IN  ORDER  TO  HAVE  THEIR   NAMES  PRINTED  ON  THE  BALLOT. 

Be  it  enacted,  etc.,  as  follows. • 

Section  1.  Notwithstanding  the  provisions  of  any 
general  or  special  law,  there  shall  not  be  printed  on  the  ballot 
at  a  primary  in  the  city  of  Brockton  the  name  of  any  person 
as  a  candidate  for  nomination  for  mayor,  councillor-at-large, 
ward  councillor  or  school  committeeman,  unless  a  certificate 
from  the  registrars  of  voters  that  he  is  enrolled  as  a  member 
of  the  political  party  whose  nomination  he  seeks  is  filed  with 
the  city  clerk  on  or  before  the  last  day  for  fifing  nomination 
papers.  The  registrars  shall  issue  such  a  certificate  forth- 
with upon  request  of  any  such  candidate  so  enrolled  or  of  his 
authorized  representative. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
by  the  city  council  of  said  city,  subject  to  the  provisions  of 
its  charter,  but  not  otherwise.       Approved  June  20,  1955. 

ChapA57  An  Act  authorizing  the  city  of  lynn  to  sell  a  parcel 

OF  LAND  AND  AN  EASEMENT  TO  USE  CERTAIN  PLAYGROUND 
LAND    ON   BROADWAY   IN   SAID    CITY   OF   LYNN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Lynn,  by  its  proper  authorities, 
may  sell,  transfer  and  convey  to  the  First  Evangelical 
Lutheran  Church  of  Lynn,  twenty-seven  thousand,  four  hun- 
dred and  ninety-nine  square  feet  of  land,  more  or  less,  here- 
tofore acquired  by  said  city  for  playground  purposes,  bounded 
and  described  as  follows :  —  westerly  by  Broadway  fifty-two 
and  seventy-six  one-hundredths  feet;  northerly  by  land  of 
the  city  of  Lynn,  Library  Lot,  one  hundred  fifty-nine  and 
seventy  one-hundredths  feet;  easterly  by  Lot  two  D  thirty 
feet;  northerly  by  Lot  two  D  seventy-five  feet;  easterly  by 
land  of  the  city  of  Lynn,  Schoolhouse  Lot,  one  hundred 
forty-four  and  sixty-five  one-hundredths  feet;  southerly  by 
Lot  two  G  sixty-one  and  thirty-three  one-hundredths  feet; 
southwesterly  by  Lot  two  F  two  hundred  eleven  and  six 
one-hundredths  feet;  shown  as  Lot  two  E  on  plan  entitled, 
"Subdivision  plan  of  Land,  Lynn,  Mass.,  being  a  subdivision 
of  Lot  two  B",  shown  on  Land  Court  Plan  #12,562A,  dated 


Acts,  1955. —  Chap.  458.  379 

May  17,  1955,  signed  by  Frank  E.  Gowdy,  city  engineer 
and  on  file  in  the  office  of  the  city  engineer;  and  may  grant 
an  easement  to  said  First  Evangehcal  Lutheran  Church  of 
Lynn  to  use  in  common  with  said  city  of  Lynn  and  subject 
to  the  maintenance  of  a  thirty-six  inch  drain  as  shown  on 
said  plan  the  land  bounded :  —  westerly  by  Broadway  by 
two  courses,  sixty-three  and  eighty-eight  one-hundredths  feet 
and  twenty-six  and  eighty  one-hundredths  feet;  north- 
easterly by  Lot  two  E  two  hundred  and  eleven  and  six  one- 
hundredths  feet;  southwesterl}^  by  Lot  two  G  one  hundred 
and  seventy-nine  and  twelve  one-hvnidredths  feet;  contain- 
ing eighty-one  hundred  and  twenty-nine  square  feet,  more 
or  less,  and  shown  as  Lot  two  F  on  aforementioned  plan; 
and  may  also  grant  a  right  of  way  to  and  from  parcel  two  E 
(above  described)  to  be  used  in  common  with  said  city  of 
Lynn  and  subject  to  the  maintenance  by  said  city  of  a 
thirty-inch  drain,  in  the  land  bounded  and  described  as 
follows :  —  westerly  by  Broadway  twenty-five  and  thirty- 
three  one-hundredths  feet;  northerly  b}'"  Lot  two  F  and 
Lot  two  E  two  hundred  and  forty  and  forty-five  one-hun- 
dredths feet;  easterly  by  land  of  the  city  of  Lynn,  School- 
house  Lot,  twenty-five  and  twenty-two  one-hundredths  feet; 
southerly  by  land  of  the  city  of  Lynn  and  by  Lot  two  C 
two  hundred  thirty-nine  and  sixty-seven  one-hundredths 
feet;  containing  six  thousand  and  sixty-four  square  feet, 
more  or  less,  and  shown  as  Lot  two  G  on  aforementioned 
plan. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance during  the  current  year,  by  vote  of  the  board  of 
park  commissioners  of  said  city  and  by  vote  of  the  city 
council  thereof,  subject  to  the  provisions  of  its  charter,  but 
not  otherwise.  Approved  June  20,  1955. 

An    Act    exempting    certain    disabled    persons    from  ChapAbS 

CERTAIN    motor   VEHICLE    PARKING   FEES   AND    PENALTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  22  of  chapter  40  of  the  General  Laws  o.  l.  (Ter. 
is  hereby  amended  by  adding  at  the  end  of  the  last  paragraph  f  22,'etl'., 
the  following  sentence:  —  No  penalty  shall  be  imposed  upon  amended.' 
any  handicapped  person  whose  vehicle  displays  in  the  rear  Exemption 
window  the  distinctive  sticker  authorized  by  section  two  of  pM^Jitles.  '"^ 
chapter  ninety  for  parking  such  vehicle  on  any  way  for  a 
longer  period  of  time  than  permitted  by  said  ordinance, 
by-law,  rules  or  orders. 

Section  2.    Section  22A  of  said  chapter  40,  as  most  re-  g.  l.  (Ter. 
centh'  amended  by  chapter  .592  of  the  acts  of  1952.  is  hereby  § k'A^etc. 
further  amended  b}'-  adding  at  the  end  the  following  sen-  amended, 
tence:  —  No  fee  shall  be  exacted  or  any  penalty  be  imposed  J^o^paJ.^g 
for  the  parking  of  any  vehicle  owned  and  driven  by  a  handi-  fees. 
capped  person  in  which  vehicle  there  is  displayed  in  the  rear 
window  a  distinctive  sticker  authorized  by  section  two  of 
chapter  ninety. 


380  Acts,  1955. —  Chap.  459. 

EdY^o^l'2  Section  3.    The  seventh  paragraph  of  section  2  of  chap- 

etc!, 'amended,    ter  90  of  the  General  Laws,  as  most  recentl}'  amended  by 
chapter  225  of  the  acts  of  1953,  is  hereby  further  amended  by 
"  n'^ndi  adding  at  the  end  the  f ollowhig :  —  The  registrar  may  issue, 

capped  without  charge,  to  a  person  who  has  suffered  the  loss  or 

ma^bl"" '         permanent  loss  of  use  of  one  or  both  feet,  and  who  operates 
issued  by  his  owu  registered  pleasure  vehicle,  a  distinctive  sticker  on 

certain  dis-  wliich  sliall  appear  the  seal  of  the  commonwealth  and  the 
abied  persons.  ^rQfds  "  Commouwealtli  of  Massachusetts  —  Handicapped 
Operator  —  Approved  by  The  Registrar  of  ]\Iotor  Vehicles", 
and  the  facsimile  of  the  signature  of  the  registrar  and  the 
year  of  issue.  The  valid  use  of  such  a  sticker  shall  be  co- 
terminous with  the  registration  of  the  vehicle.  Said  sticker 
shall  be  placed  on  the  inside  of  the  rear  window  of  the 
vehicle  so  that  a  person  standing  outside  the  vehicle  at  its 
rear  would  observe  it  on  the  right-hand  side  of  the  rear 
window.  The  registrar  may  determine  such  standards  of  dis- 
ability and  of  qualification  for  the  issuance  of  said  sticker  as 
he  deems  proper.  In  his  discretion  he  may  at  any  time  require 
the  removal  of  said  sticker  from  a  vehicle  or  refuse  to  issue 
said  sticker  for  a  vehicle.  Approved  June  20,  1955. 


ChapA59  An  Act  providing  water  supply  for  certain  inhabi- 
tants OF  THE  TOWN  OF  LAKEVILLE  FROM  THE  WATER 
SUPPLY    SYSTEM    OF    THE    LAKEVILLE    STATE    SANATORIUM. 

Be  it  enacted,  etc.,  as  follows. • 

The  department  of  public  health  is  hereby  authorized  and 
directed  to  furnish  water  for  domestic  purposes  to  buildings 
abutting  upon  that  part  of  Main  street,  in  the  town  of  Lake- 
ville,  in  which  is  laid  a  water  main  of  the  water  system  of 
the  Lakeville  state  sanatorium  connecting  said  system  with 
the  terminus  of  the  water  main  of  the  town  of  Middleborough 
near  the  Middleborough-Lakeville  town  line,  at  such  uni- 
form rates  as  may  be  established  from  time  to  time  by  said 
department,  subject  to  the  approval  of  the  department  of 
public  utilities ;  provided,  that  the  owner  of  each  such  build- 
ing to  be  furnished  water  as  aforesaid  shall  first  deposit  in 
the  state  treasury  an  amount  sufficient  to  defray  the  cost  of 
a  connection  with  such  main,  and  of  a  meter,  if  required  by 
said  department  of  public  health,  and  all  expenses  on  account 
of  making  such  connection  or  installing  such  meter;  and, 
provided,  further,  that  the  said  department,  before  com- 
mencing to  deliver  water  to  any  such  building,  may  require 
a  deposit  with  the  state  treasurer  of  money  or  security  satis- 
factory to  him,  to  insure  the  pa3^ment  of  any  water  charges 
that  may  become  due  on  account  of  water  furnished  to  such 
building  hereunder  and  may,  if  any  person,  when  required  by 
said  department,  fails  to  so  furnish  or  maintain  any  such  de- 
posit, discontinue  the  furnishing  of  water  to  him.  The  ac- 
ceptance or  use  by  any  person  of  water  furnished  under  au- 
thority of  this  act  shall  constitute  an  agreement  on  the  part 


Acts,  1955.  — Chap.  460.  381 

of  such  person,  for  himself  or  itself  and  his  or  its  heirs,  suc- 
cessors and  assigns,  that  there  shall  he  no  liability  on  the 
part  of  the  commonwealth,  or  of  the  commissioner  of  public 
health  or  of  any  member  of  the  public  health  council  on  ac- 
count of  (1)  the  furnishing  of  water  hereunder,  or  (2)  the 
failure  to  furnish  water  hereunder,  or  (3)  for  any  damages  re- 
sulting from  the  maintenance  of  such  water  supply.  Nothing 
herein  shall  be  construed  to  prohibit  the  said  department  from 
limiting  the  supply  of  water  to  be  furnished  to  such  buildings 
at  any  time  when  in  its  opinion  there  is  danger  of  a  scarcity 
of  water  for  the  purposes  of  such  sanatorium. 

Approved  June  20,  1955. 

An  Act  authorizing  the  city  of  Worcester  to  convey  CAa??. 460 

TO  THE  COMMONTVEALTH  OP  MASSACHUSETTS  A  CERTAIN 
PORTION  OF  GREEN  HILL  PARK  AS  A  SITE  FOR  THE  LOCA- 
TION OF  AN  ARMORY  FOR  UNITS  OF  THE  MASSACHUSETTS 
AIR   NATIONAL   GUARD. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  any  contrary  provision  of  general  or 
special  law,  the  city  of  Worcester,  acting  through  its  city 
manager,  is  hereby  authorized  to  convey,  without  consider- 
ation, to  the  commonwealth,  for  the  purpose  of  providing  a 
site  for  the  location  of  an  armory  for  units  of  the  Massachu- 
setts Air  National  Guard,  that  certain  part  of  Green  Hill 
park  consisting  of  land  located  on  the  westerly  side  of  Sky 
Line  drive  in  the  city  of  Worcester,  bounded  and  described 
as  follows :  —  Beginning  at  a  point  in  the  westerly  line  of 
Sky  Line  drive  twenty-two  hundred  feet  from  a  concrete 
monument  (Worcester  ENG.  #  155)  on  the  north  side  of 
Belmont  street,  near  the  northwest  intersection  of  Belmont 
street  and  Sky  Line  drive;  thence  running  north  forty-one 
degrees,  fifty-three  minutes,  fifty-three  seconds  west  a  dis- 
tance of  twenty-five  feet  to  a  drill  hole  in  ledge  and  continu- 
ing north  forty-one  degrees,  fifty-three  minutes,  fifty-three 
seconds  west  for  a  distance  of  three  hundred  seventj^-five 
feet  to  a  point,  thence  running  north  forty-eight  degrees,  six 
minutes,  seven  seconds  east  for  a  distance  of  seven  hundred 
ninety-six  feet  to  a  point,  thence  running  south  forty-one 
degrees,  fifty-three  minutes,  fifty-three  seconds  east  for  a 
distance  of  three  hundred  ninetj'-one  feet  to  the  westerl}^ 
line  of  Sky  Line  drive  and  thence  following  the  westerly  line 
of  Sky  Line  drive  in  a  general  southwesterly  direction  eight 
hundred  ten  feet  to  the  point  of  beginning. 

Approved  June  20,  1955. 


382 


Acts,  1955.  —  Chaps.  461,  462. 


G.  L.  (Ter. 
Ed.),  138, 
§  67,  etc., 
amended. 

Appeals  from 
action  of  local 
licensing 
authorities. 


ChapAQl  An  Act  relative  to  appeals  to  the  alcoholic  bever- 
ages CONTROL  COMMISSION  FROM  THE  ACTION  OP  LOCAL 
LICENSING  AUTHORITIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  67  of  chapter  138  of  the  General  Laws  is  hereby- 
amended  by  inserting  after  the  fifth  paragraph,  as  amended 
by  chapter  574  of  the  acts  of  1954,  the  following  paragraph:  — 

After  receipt  by  the  local  licensing  authorities  of  a  de- 
cision from  the  commission  as  set  forth  in  the  third  para- 
graph hereof,  any  applicant  for  renewal  of  a  license  or  any 
Ucensee  who  is  aggrieved  by  the  action  of  the  local  licensing 
authorities  modifying,  cancelling,  revoking  or  declaring  for- 
feited a  license  or  failing  to  issue  a  license,  which  would  in 
effect  renew  for  one  year  a  license  held  during  the  previous 
year  by  the  applicant  may,  if  the  said  local  licensing  au- 
thority fails  within  five  days  after  receipt  of  said  decision 
to  take  the  action  recommended  therein,  again  appeal  to 
the  commission,  upon  petition  in  writing  setting  forth  all 
the  material  facts  in  the  case.  In  the  event  of  such  reappeal, 
the  commission  shall  hold  a  hearing  on  such  reappeal,  re- 
quiring due  notice  to  be  given  to  all  interested  parties.  If 
the  commission,  on  such  reappeal  approves  the  action  of  the 
local  licensing  authorities,  it  shall  issue  notice  to  them  to 
that  effect,  but  if  the  commission  disapproves  their  action, 
it  shall  issue  a  decision  in  writing  advising  said  local  author- 
ities of  the  reasons  why  it  does  not  approve.  This  decision 
of  the  commission  on  reappeal  shall  be  final;  provided,  that 
in  no  event  shall  the  commission  order  the  local  licensing 
authorities  to  issue  any  licenses  to  an  applicant  not  a  party 
to  the  appeal.  If  the  local  licensing  authorities  fail  to  issue 
a  license  which  would  have  the  effect  of  renewing  for  one 
year  a  license  held  by  the  applicant  during  the  previous 
year,  subject  to  the  limitation  set  forth  herein,  or  to  perform 
any  other  act  when  lau^ully  ordered  so  to  do  by  the  com- 
mission upon  reappeal,  within  such  time  as  it  may  prescribe, 
the  commission  may  itself,  after  such  reappeal,  issue  such 
license  to  a  party  to  the  appeal  or  perform  such  act,  with 
the  same  force  and  effect  as  if  issued  or  performed  by  the 
local  licensing  authorities.  Ayyroved  June  20,  19n5. 


ChapA62  An  Act  authorizing  the  city  of  Northampton  to  incur 

INDEBTEDNESS  FOR  THE  CONSTRUCTION  OF  SEWAGE  TREAT- 
MENT WORKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  of  constructing  sewage 
treatment  works  the  city  of  Northampton  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,  one  million  fifty  thousand  dollars,  and  may  issue 
bonds  or  notes  therefor  which  shall  bear  on  the  face  thereof 


Acts,  1955.  — Chap.  463.  383 

the  words,  Northampton  Sewage  Treatment  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  and,  except  as  provided 
herein,  shall  be  subject  to  the  provisions  of  chapter  forty-four 
of  the  General  Laws,  including  the  first  paragraph  of  section 
seven  thereof. 

Section  2,  The  said  city  shall,  by  concurrent  vote  of  the 
board  of  aldermen  and  the  common  council,  determine  what 
proportion  of  the  cost  of  the  sewerage  works  provided  for  in 
section  one  of  this  act  the  city  shall  pay.  In  providing  for 
the  payment  of  any  portion  of  the  cost  thereof  by  abutters, 
including  public  and  private  institutions,  contributing 
sewage,  the  city  may  avail  itself  of  any  or  all  of  the  methods 
permitted  by  General  Laws,  including  section  sixteen 
of  chapter  eighty-three  of  the  General  Laws  providing 
for  the  establishment  of  just  and  equitable  annual  charges 
for  the  use  of  the  common  sewers.  Such  charges  shall  be  paid 
by  every  person,  including  public  and  private  institutions, 
who  enters  or  has  entered  his  or  its  particular  sewer  into  the 
sewerage  system  of  the  city.  The  provisions  of  the  said 
General  Laws  relative  to  the  assessment,  apportionment, 
division,  reassessment,  abatement  and  collection  of  sewer 
assessments,  to  liens  therefor  and  to  interest  thereon  shall 
apply  to  assessments  made  under  this  act.  At  the  same  meet- 
ing at  which  the  city  determines  the  proportion  of  the  cost 
which  is  to  be  borne  by  the  city,  or  at  a  subsequent  meeting, 
it  shall  by  vote  determine  by  which  of  such  methods  the  re- 
maining portion  of  said  cost  shall  be  provided  for.  The  col- 
lector of  taxes  of  said  city  shall  certify  the  payments  of  such 
assessments  or  apportionments  thereof  to  the  sewer  com- 
missioners, who  shall  preserve  a  record  thereof. 

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

Approved  June  23,  1955. 

An  Act  authorizing  the  city  of  salem  to  pay  a  certain  C/zap. 463 

SUM    OF   money   to   THE   WIDOW   OF   H.    FRANCIS    DOLAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  public 
good,  the  city  of  Salem  is  hereby  authorized  to  appropriate 
and  pay  to  the  widow  of  H.  Francis  Dolan,  who  died  while  a 
member  of  the  present  city  council  of  said  city,  the  balance  of 
the  salary  to  which  he  would  have  been  entitled  for  the  cur- 
rent term  for  which  he  was  elected  had  he  lived  and  con- 
tinued to  serve  in  said  council  until  the  end  of  said  term. 

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

Approved  June  23,  1955. 


384  Acts,  1955.  — Chaps.  464,  465,  466. 

ChapAQ4:  An  Act  providing  for  the  removal  of  whales  or  other 

MAMMALS  FROM  THE  TIDEWATERS  OR  SHORES  OF  THE  COM- 
MONWEALTH WHEN  INJURIOUS  TO  THE   PUBLIC   HEALTH. 

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

defeat  its  purpose,  which  is  to  provide  forthwith  that  the 
department  of  pubhc  works  shall,  in  certain  cases,  remove 
whales  or  other  mammals  from  the  tidewaters  or  shores  of 
the  commonwealth,  therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immediate  preservation  of 
the  public  health. 

Be  it  enacted,  etc.,  as  follows: 

Edo.'g?,*'^'  Chapter  91  of  the  General  Laws  is  hereby  amended  by 

new  §  49A,       inserting  after  section  49  the  following  section :  —  Section 
Certain  49A.    If  a  whale  or  other  mammal  is  deposited  or  remains  in 

whales,  etc.,      the  tidewaters  or  on  the  shores  of  the  commonwealth,  the 
movtdlfrom      department  shall,  if  it  determines  that  said  whale  or  other 
state  shores,      mammal  is  or  may  be  injurious  to  the  public  health,  remove 
or  cause  to  be  removed  therefrom  such  whale  or  other 
mammal.  Approved  June  23,  1956. 

Chap.4:Q5  An  Act  relative  to  the  suppression  of  pine  looper 

MOTHS. 

^reambf "^  TF/iereas,  The  deferred  operation  of  this  act  would  tend  to 

defeat  its  purpose,  which  is  to  authorize  the  department  of 
natural  resources  to  do  certain  work  forthwith,  therefore  it 
is  hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  natural  resources  is  hereby 
authorized  and  directed  to  immediately  carry  out  a  program 
for  the  purpose  of  clearing  the  Cape  Cod  area  of  the  com- 
monwealth of  pine  looper  moths,  eggs  and  caterpillars. 

Section  2.  For  the  purposes  of  section  one  of  this  act  the 
department  may  expend  the  sum  of  one  hundred  thousand 
dollars,  which  sum  is  hereby  appropriated  from  the  General 
Fund.  Appropriation  expires  June  thirtieth,  nineteen  hun- 
dred and  fifty-six.  Approved  June  23,  1955. 

Chap. 4:66  An  Act  authorizing  the  city  of  lawrence  to  pay  a 

SUM    of   money   to   ALFRED    J.    SAVOIE. 

Be  it  enacted,  etc.,  as  follows: 

For  the  purpose  of  discharging  a  moral  obligation,  the  city 
of  Lawrence  may  appropriate  and  pay  to  Alfred  J.  Savoie 
a  sum  of  money  not  in  excess  of  one  thousand  dollars  in 
reimbursement  for  funeral  expenses  on  account  of  the  death 
of  his  minor  son,  Stephen  Richard  Savoie,  who  was  fatally 
injured  on  February  eleventh,  nineteen  hundred  and  fifty- 
four,  on  or  about  the  premises  of  Memorial  Stadium  in  said 


Acts,  1955. —  Chap.  467.  385 

city.  No  payment  shall  be  made  hereunder  until  there  has 
been  filed  with  the  city  auditor  of  Lawrence  an  agreement 
signed  by  said  Alfred  J.  Savoie  that  the  amount,  if  any,  paid 
or  to  be  paid  for  legal  services  rendered  in  connection  with 
the  passage  of  this  act  shall  not  exceed  ten  per  cent  of  the 
amount  paid  or  payable  hereunder. 

Approved  June  23,  1956. 

An  Act  relative  to  reimbursement  of  cities  and  towns  QJiqj)  457 
for  loss  of  taxes  on  state  lands  under  the  care  and 
control  of  the  department  of  natural   resources 
and  the  division  of  public  beaches  in  the  department 
of  public  works. 

Be  it  enacted,  etc.,  as  follow s: 

Chapter  58  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  13,  as  most  recently  amended  by  section  f  is.'e^tc'., 
9  of  chapter  654  of  the  acts  of  1953,  and  inserting  in  place  amended. 
thereof  the  following  section:  —  Section  13.     In  nineteen  Reimburse^ 
hundred  and  thirty-five  and  in  every  fifth  year  thereafter  the  ^d" to^*iB'for^ 
commission  shall  between  January  first  and  June  first  de-  loss  of  taxes 
termine  as  of  January  first  the  fair  cash  value  of  all  land  in  stL te  bnds. 
every  town  owned  by  the  commonwealth  and  used  for  the 
purposes  of  a  public  institution,  a  fish  hatchery,  game  pre- 
serve or  wild  fife  sanctuary,  a  state  military  camp  ground  or  a 
state  forest,  and  of  all  land  owned  by  the  commonwealth 
and  under  the  care  and  control  of  the  department  of  natural 
resources  and  the  division  of  public  beaches  in  the  depart- 
ment of  pubfic  works  and  used  for  recreational  or  conserva- 
tion purposes;   and  it  shall  between  January  first  and  June 
first  in  the  year  nineteen  hundred  and  twenty-five  and  in 
every  fifth  year  thereafter,  determine  as  of  January  first  the 
fair  cash  value  of  all  land  in  every  to^\Ti  held  by  county  com- 
missioners for  hospital  purposes  under  sections  seventy-eight 
to  ninety,  inclusive,  of  chapter  one  hundred  and  eleven. 
This  determination  shall  be  in  such  detail  as  to  lots,  sub- 
divisions or  acreage  as  the  commission  may  deem  necessary, 
and  to  assist  it  in  making  it  it  may  require  oral  or  written  in- 
formation from  any  officer  or  agent  of  the  commonwealth 
or  of  any  county  or  town  therein  and  from  any  other  in- 
habitant thereof,  and  may  require  such  information  to  be  on 
oath.    Such  officers,  agents  and  persons,  so  far  as  able,  shall 
furnish  the  commission  with  the  required  information  in  such 
form  as  it  may  indicate,  within  fifteen  days  after  being  so 
requested  by  it.    No  reimbursements  hereunder  on  account 
of  lands  owned  by  the  commonwealth  and  under  the  care  and 
control   of  the  department   of  natural  resources  and  the 
division  of  pubfic  beaches  in  the  department  of  pubfic  works 
and  used  for  recreational  or  conservation  purposes  shall  be 
made  from  the  inland  fisheries  and  game  fund,  so  called. 

Approved  June  23,  1955. 


386 


Acts,  1955.  —  Chaps.  468,  469. 


ChapAQS  An  Act  relative  to  the  appropriation  for  the  Massa- 
chusetts MILITARY  ACADEMY. 

Be  it  enacted,  etc.,  as  follows: 

Subsection  (1)  of  paragraph  (a)  of  section  97  of  chapter  33 
of  the  General  Laws,  as  appearing  in  section  1  of  chapter 
590  of  the  acts  of  1954,  is  hereby  amended  by  adding  at  the 
end  the  following :  — 

Massachusetts  Military  Academy 250 

Approved  June  23,  1955. 


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


G.  L.  (Ter. 
Ed.),  149, 
§  142A,  etc., 
amended. 


Benzol, 
carbon  tetra- 
chloride, etc., 
containers  for, 
to  be  marked. 


C/zap. 469  An  Act  relative  to  the  labelling  of  receptacles  con- 
taining BENZOL,  CARBON  TETRACHLORIDE,  AND  OTHER 
HARMFUL  SUBSTANCES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  149  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  142A,  as  most  recently 
amended  by  section  1  of  chapter  591  of  the  acts  of  1949, 
and  inserting  in  place  thereof  the  following  section :  —  Sec- 
tion I42A.  No  person  shall  keep  for  sale,  sell,  transport  or 
store,  and  no  person  shall  have  for  use  in  any  manufacturing, 
mechanical  or  mercantile  establishment,  or  in  any  other  place 
of  employment,  benzene  represented  by  the  chemical  formula 
C/6  H/6,  in  sections  one  hundred  and  forty-two  B  to  one 
hundred  and  forty-two  F,  inclusive,  called  benzol,  carbon 
tetrachloride  or  other  substance  which,  in  the  opinion  of  the 
departments  of  labor  and  industries  and  of  public  health, 
acting  jointly,  is  so  hazardous  to  health  as  to  warrant  regu- 
lation, in  any  receptacle  other  than  part  of  a  vehicle  used 
exclusively  for  outdoor  transportation,  unless  such  receptacle 
is  marked  with  the  words  "Benzol",  "Carbon  Tetrachloride" 
or  "Name  of  Substance",  together  with  such  warning  as 
the  commissioners  of  the  department  of  labor  and  industries 
and  of  the  department  of  pubHc  health  jointly  by  reasonable 
rules  and  regulations  may  require. 

Section  2.  Said  chapter  149  is  hereby  further  amended 
by  striking  out  section  142B,  as  most  recently  amended  by 
section  2  of  said  chapter  591,  and  inserting  in  place  thereof 
the  following  section :  —  Section  lJf.2B.  No  person  shall  keep 
for  sale,  sell,  transport  or  store,  and  no  person  shall  have  for 
use  in  any  manufacturing,  mechanical  or  mercantile  estab- 
lishment, or  any  other  place  of  employment,  any  material 
containing  benzol,  carbon  tetrachloride  or  other  substance 
which,  in  the  opinion  of  the  department  of  labor  and  in- 
dustries and  the  department  of  public  health,  acting  jointly, 
is  SO  hazardous  to  health  as  to  warrant  regulation,  in  any 
receptacle  other  than  part  of  a  vehicle  used  exclusively  for 
outdoor  transportation,  unless  such  receptacle  is  marked 
with  one  of  the  following  combinations  of  words:  —  "Con- 
tains benzol",  "Contains  carbon  tetrachloride"  or  "Con- 


G.  L.  (Ter. 
Ed.),  149 
§  142B,  etc., 
amended. 

Labels,  how 
marked. 


Acts,  1955.  — Chap.  469.  387 

tains  (name  of  substance)",  together  with  such  warning  as 
the  commissioners  of  the  department  of  labor  and  industries 
and  of  the  department  of  pubUc  heahh  jointly  by  reasonable 
rules  and  regulations  may  require. 

Section  3.    Said  chapter  149  is  hereby  further  amended  «■  l-  (Ter. 
by  striking  out  section  142C,  as  appearing  in  chapter  304  f'ihcHtc, 
of  the  acts  of  1933,  and  inserting  in  place  thereof  the  fol-  amended. 
lowing  section:  — -Section  I42C.    The  words  and  any  warn-  Markings 
ing  required  by  sections  one  hundred  and  forty-two  A  and  regulated. 
one  hundred  and  forty-two  B  shall  be  clear  and  conspicuous, 
and  shall  be  of  such  size  and  so  placed  as  the  commissioners 
of  the  department  of  labor  and  industries  and  of  the  de- 
partment of  public  health  jointly  by  reasonable  rules  and 
regulations  may  require. 

Section  4.    Said  chapter  149  is  hereby  further  amended  g.  l.  (Ter. 
by  striking  out  section  142D,  as  amended  by  section  3  of  §  *i42D*^etc., 
chapter  591  of  the  acts  of  1949,  and  inserting  in  place  thereof  "^I'^nded. 
the  following  section:  —  Section  142D.    The  commissioners  commis- 
of  the  department  of  labor  and  industries  and  of  the  de-  ^ake"ufes 
partment  of  public  health  acting  jointly  may,  by  reasonable  etc 
rules  and  regulations,  exempt  from  the  provisions  of  sections 
one  hundred  and  forty-two  A  and  one  hundred  and  forty- 
two  B,  under  such  restrictions  as  they  may  deem  advisable, 
(a)  closed  receptacles  which  are  in  the  possession  of  the  manu- 
facturer by  whom  the  contents  of  such  receptacles  were  made 
or  compounded  or  of  a  common  carrier,  provided  in  each 
case  the  commissioners  are  satisfied  that  such  contents  are 
to  be  used  only  outside  the  commonwealth;    (6)  receptacles 
containing  material  used  exclusively  as  motor  fuel;    (c)  re- 
ceptacles containing  material  which,  as  last  compounded, 
contained  a  per  cent  by  weight  of  benzol,  carbon  tetrachloride 
or  other  substance  which  the  commissioners  determine  to  be 
not  so  hazardous  to  health  as  to  warrant  regulation. 

Section  5.     Said  chapter   149  of  the  General  Laws  is  g.  l.  (Ter. 
hereby  further  amended  by  striking  out  section  142E,  as  f  i4^^E^etc 
amended  by  section  4  of  said  chapter  591,  and  inserting  in  amended. 
place  thereof  the  following  section:  —  Section  1J!^2E.     For  Reports  of 
the  protection  of  persons  exposed  to  possible  injury  by  any  ^^^^^<  ^^°- 
material  or  substance  which  in  the  joint  opinion  of  the  de- 
partments of  labor  and  industries  and  of  public  health,  act- 
ing pursuant  to  sections  one  hundred  and  forty-two  A  and 
one  hundred  and  forty-two  B,  is  so  hazardous  to  health  as 
to  warrant  regulation,  the  commissioners  of  the  departments 
of  labor  and  industries  and  of  public  health,  acting  jointly, 
may  by  reasonable  rules  and  regulations  require  such  reports 
as  they  may  deem  advisable  covering  the  manufacture,  sale, 
receipt,  possession  or  use  of  any  such  material  or  substance. 

Section  6.    Said  chapter  149  is  hereb}^  further  amended  g.  l.  (Ter. 
by  striking  out  section  142F,  as  amended  bj''  section  5  of  f  i42F,^etc., 
said  chapter  ,591,  and  inserting  in  place  thereof  the  following  ^jJ^^Yi^gT'' 
two  sections:  —  Section  143F.     Whoever  violates  any  pro- added, 
vision  of  section  one  hundred  and  forty-two  A,  one  hundred  Penalty. 
and  forty-two  B,  or  one  hundred  and  forty-two  C  or  any  rule 


388 


Acts,  1955.  —  Chap.  470. 


Each  depart- 
ment to  en- 
force certain 
rules  and 
regulations. 


or  regulation  made  under  section  one  hundred  and  forty- 
two  A,  one  hundred  and  forty-two  B,  one  hundred  and  forty- 
two  C,  one  hundred  and  forty-two  D  and  one  hundred  and 
forty-two  E,  and  w^hoever,  being  charged  with  the  duty  of 
marking  any  receptacle  containing  benzol,  carbon  tetra- 
chloride or  other  substance  which,  in  the  joint  opinion  of 
the  departments  of  labor  and  industries  and  of  public  health, 
is  so  hazardous  to  health  as  to  warrant  regulation,  or  any 
material  in  which  benzol,  carbon  tetrachloride  or  other  sub- 
stance which,  in  the  opinion  of  said  departments,  acting 
jointly,  is  so  hazardous  to  health  as  to  warrant  regulation, 
is  contained,  fails  so  to  mark  the  same,  and  whoever  wilfully 
removes  or  defaces  any  marking  made  in  accordance  with 
any  of  said  provisions  or  rules  and  regulations  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  hundred  dollars. 

Section  1J,.2G.  The  department  of  labor  and  industries 
shall  enforce  the  provisions  of  sections  one  hundred  and 
forty-two  A  to  one  hundred  and  forty-two  F,  inclusive,  and 
the  rules  and  regulations  made  hereunder  in  any  manu- 
facturing or  mechanical  establishment  or  in  any  other  place 
of  employment  in  so  far  as  the  same  relate  to  the  health  of 
employees,  and  the  department  of  public  health  shall  en- 
force the  provisions  of  said  sections  and  the  rules  and  regu- 
lations made  hereunder  in  so  far  as  they  apply  to  the  keeping 
and  storage  for  sale  to  the  public  in  any  mercantile  estab- 
lishment of  any  of  the  substances  or  materials  referred  to  in 
said  sections. 

Section  7.  The  rules  and  regulations  relative  to  benzol, 
carbon  tetrachloride,  or  other  substances  deemed  hazardous 
to  health  contained  in  printed  Industrial  Bulletin  No.  11 
and  which  are  in  effect  immediately  prior  to  the  effective 
date  of  this  act,  shall  continue  in  full  force  and  effect  until 
superseded  by  new  rules  and  regulations  adopted  by  the 
commissioners  of  the  department  of  labor  and  industries 
and  of  the  department  of  pubhc  health,  acting  jointly,  pur- 
suant to  the  provisions  of  sections  one  hundred  and  forty- 
two  A  to  one  hundred  and  forty-two  E,  inclusive,  of  chap- 
ter one  hundred  and  forty-nine  of  the.  General  Laws,  as  ap- 
pearing in  sections  one  to  five,  respectively,  of  this  act. 

Approved  June  23,  1955. 


ChapA70  An  Act  providing  for  the  printing  and  distribution  of 

A  MANUAL  or  PUBLIC  ASSISTANCE  LAWS. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  public  welfare  is  hereby  authorized 
and  directed  to  prepare  for  printing  and  to  cause  to  be 
printed,  under  the  supervision  of  the  state  purchasing  agent, 
a  manual  containing  laws  of  the  commonwealth  relating  to 
public  assistance,  including  the  rules  and  regulations  relating 
thereto.  Said  manual  shall  be  printed  in  sufficient  numbers 
to  provide  for  distribution  thereof  to  all  public  assistance 
officers  and  agencies  in  the  commonwealth;    provided  that 


Acts,  1955. —  Chap.  471.  389 

the  department  shall  establish  a  fee  to  he  charged  for  each 
manual,  not  to  exceed  the  cost  thereof. 

Approved  June  23,  1955. 

An  Act  relating  to  the  further  development  of  the  Phnj^  471 

PUBLIC   FORESTS,    PARKS   AND    OTHER    LANDS    OF   THE    COM-  ^' 

MONVV^EALTH. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  natural  resources,  through  its  division 
of  forests  and  parks,  is  hereby  authorized  and  directed  to 
make  an  inventory  within  the  fiscal  j^ear  next  ensuing  of  the 
forests  and  other  natural  resources  in  the  possession  of  the 
commonwealth,  including  acreage,  whether  forested  or  not, 
nurseries,  the  species,  size,  age,  rate  of  increase,  and  present 
volume  of  timber,  together  with  the  area  of  unused  land 
found  in  each  state  forest,  park,  watershed-protective  or 
other  lands  in  the  possession  or  under  the  control  of  any 
board,  officer,  or  institution  of  the  commonwealth,  including 
the  department  of  public  works  and  the  metropolitan  district 
commission. 

The  department  shall  also  prepare  an  inventory  of  the 
educational,  recreational,  watershed-protective  or  other  civic 
purpose  for  which  such  areas  or  any  waters  included  therein 
are  now  used. 

Upon  receipt  of  such  inventories,  the  department  shall  pre- 
pare a  long-range  plan,  envisaging  in  the  case  of  forest  areas 
not  less  than  half  a  century,  for  the  appropriate  use  and  de- 
velopment of  such  areas,  including  nurseries,  for  the  benefit  of 
the  commonwealth  and  its  people. 

Such  plan  shall  have  as  its  objectives  (1)  to  secure  the 
maximum  return  from  merchantable  timber  and  other  forest 
products  for  the  use  of  the  commonwealth  or  for  sale;  (2)  to 
provide  adequate  watershed  protection,  ground  water  sup- 
plies and  Hood  control;  (3)  to  develop  and  maintain  a 
natural  environment  for  the  recreation  of  the  people,  in- 
cluding hunting,  fishing,  bathing,  boating,  picnicking  and 
the  enjoyment  of  undisturbed  natural  surroundings;  (4)  to 
develop  an  adequate  program  of  pest  and  disease  control  on 
a  co-operative  basis  among  state,  count}''  and  municipal 
agencies. 

The  department  shall  study  the  use  and  further  develop- 
ment of  all  public  forests  and  lands,  including  the  provision 
of  nurseries,  the  acquisition  of  additional  areas  to  make 
existing  properties  more  serviceable  to  the  public  and  to  bring 
unused  land  into  timber  production  or  for  any  of  the  other 
uses  mentioned  above. 

The  division  of  planning  of  the  department  of  commerce, 
the  department  of  public  works,  the  metropolitan  district 
commission  and  all  other  officers,  boards  and  institutions  of 
the  commonwealth  are  hereby  instructed  to  render  all  possible 
assistance  in  carrying  out  the  purpose  of  this  act.  The  de- 
partment shall  report  its  findings  under  this  act  from  time  to 


390 


Acts,  1955. —  Chaps.  472,  473,  474. 


time,  the  final  report  to  be  filed  not  later  than  the  first 
Wednesday  of  December,  nineteen  hundred  and  fifty-six. 

The  department  is  hereby  authorized  to  expend  for  the 
purposes  of  this  act  such  sums  as  may  be  appropriated 
therefor.  Approved  June  23,  1955. 


ChavA72  An  Act  regulating  the  arsenic  content  of  embalming 

FLUIDS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  114  of  the  General  Laws  is  hereby  amended  by 
adding  at  the  end,  under  the  caption  embalming  fluids,  the 
following  section :  —  Section  51 .  No  person  shall  sell,  offer 
for  sale,  or  supply  others  with  any  embalming  fluid,  or  any 
substitute  therefor,  which  contains  more  than  five  tenths  of 
one  milligram  of  arsenic  per  litre.  Violation  of  any  provision 
of  this  section  shall  be  punished  by  a  fine  of  one  thousand 
dollars  or  by  imprisonment  for  one  year,  or  both. 

Approved  June  23,  1965. 


G.  L.  (Ter. 
Ed.),  114, 
new  §  51, 
added. 

Arsenic 
content  of 
embalming 
fluids, 
regulated. 


ChavA7S  An  Act  authorizing  the  metropolitan  district  com- 
mission TO  RAISE  THE  SEA  WALL  AT  SHAW  BEACH  AND 
ROUGHAN's  point  in  THE  BEACHMONT  SECTION  OF  REVERE. 

Be  it  enacted,  etc.,  as  follows: 

The  metropolitan  district  commission  is  hereby  author- 
ized and  directed  to  raise  the  sea  wall  at  Shaw  Beach  and 
Roughan's  Point  in  the  Beachmont  section  of  the  city  of 
Revere.  Said  commission  may  expend  for  said  purpose  such 
sums  as  may  hereafter  be  appropriated  therefor. 

Approved  June  S3,  1955. 


ChavA74:  An  Act  relative  to  the  collection  of  poll  taxes  after 

ASSESSMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  5  of  chapter  60  of  the  General  Laws, 
as  most  recently  amended  by  section  3  of  chapter  258  of 
the  acts  of  1941,  is  hereby  further  amended  by  striking  out 
the  last  sentence  and  inserting  in  place  thereof  the  following 
sentence:  —  All  laws  relating  to  the  collection  of  taxes,  to 
the  duties  of  collectors,  and  powers  of  collectors  if  action  to 
enforce  collection  of  poll  taxes  is  instituted  within  seven 
years  of  commitment  by  the  collector,  to  money  collected  as 
taxes,  interest,  charges  and  fees,  to  the  accounting  for  and 
turning  over  of  money  so  collected,  and  to  the  crediting 
thereof  to  the  collector,  shall  apply,  so  far  as  pertinent,  to 
the  collection  of  poll  taxes  from  the  persons  whose  names 
appear  on  such  lists. 

Section  2.     Section  15  of  said  chapter  60,  as  most  re- 


G,  L.  (Ter. 
Ed.),  60,  §  5, 
etc.,  amended. 


Collection  of 
poU  taxes. 


G.  L.  (Ter. 
Ed.),  60,  §  15, 


etc.: 'amended,    cently  amended  by  chapter  398  of  the  acts  of  1952,  is  hereby 


Acts,  1955.  —  Chaps.  475,  476.  391 

further  amended  by  inserting  after  the  word  "provided", 
in  line  1,  the  words:  —  in  section  five  and. 

Approved  June  23,  1955. 

An  Act  relative  to  the  salary  of  certain  justices  of  QJiav  475 

THE   SUPERIOR   COURT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  section 
four  of  chapter  seven  hundred  and  forty-two  of  the  acts 
of  nineteen  hundred  and  fifty-one,  section  one  of  chapter 
five  hundred  and  sixty-seven  of  the  acts  of  nineteen  hundred 
and  fifty-three,  and  section  one  of  chapter  six  hundred  and 
fifty-one  of  the  acts  of  nineteen  hundred  and  fifty-four,  any 
justice  of  the  superior  court  who  was  appointed  to  said 
ofiice  between  the  second  day  of  June  and  the  thirty-first 
day  of  December  in  the  year  nineteen  hundred  and  fiftj^-four, 
both  dates  inclusive,  shall  receive  such  salary  as  is  provided 
by  section  twenty-seven  of  chapter  two  hundred  and  twelve 
of  the  General  Laws. 

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

Approved  June  S3,  1955. 

An   Act   relative   to   the   mount   greylock  tramway  QJiav  476 

AUTHORITY  AND  THE  CONSTRUCTION,  MAINTENANCE,  RE- 
PAIR  AND  OPERATION  OF  A  TOLL  TRAMWAY  AND  OTHER 
FACILITIES  ON  OR  ABOUT  MOUNT  GREYLOCK  BY  SAID  AU- 
THORITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  606  of  the  acts  of  1953  is  hereby 
amended  by  striking  out  section  5  and  inserting  in  place 
thereof  the  following  section :  —  Section  5.  As  used  in  this 
act  the  following  words  and  terms  shall  have  the  following 
meanings,  unless  the  context  shall  indicate  another  or  dif- 
ferent meaning  or  intent :  — 

(a)  "Authority",  the  Mount  Greylock  Tramway  Au- 
thority, created  by  section  three  of  this  act. 

(6)  "Tramway",  the  aerial  tramway  to  be  constructed 
under  the  provisions  of  this  act,  and  shall  embrace  the 
structures  and  the  superstructures  thereof,  and  the  termini 
platforms  and  approaches  thereto,  together  with  all  ap- 
purtenances to  an  aerial  tramway,  including  all  property, 
both  real  and  personal,  rights,  easements  and  interests 
acquired  by  the  authority  for  the  construction  or  operation 
of  such  aerial  tramway  and  all  other  works,  improvements 
and  facilities  authorized  to  be  undertaken,  constructed, 
acquired  or  operated  by  the  authority  in  connection  there- 
with or  related  thereto. 

(c)  "Project",  the  tramway  and  appurtenant  facilities 
and  all  other  works,  improvements  and  facilities  authorized 
to  be  undertaken,  constructed,  acquired  or  operated  by  the 
authority  in  connection  therewith  or  related  thereto. 


392  Acts,  1955. —Chap.  476. 

(d)  "Cost  of  the  project",  cost  of  acquisition  and  con- 
struction of  the  tramway,  the  cost  of  acquisition  of  all  land, 
rights  of  way,  property,  rights,  easements  and  interests 
therein,  cost  of  all  machinery,  cars,  cable,  equipment,  works, 
improvements  and  facilities  undertaken,  constructed  or 
acquired  by  the  authority  as  a  part  of  the  project,  reim- 
bursement of  the  commonwealth  for  all  advances  theretofore 
made  from  the  General  Fund  or  revenue  of  the  common- 
wealth, financing  charges  and  fees,  interest  prior  to  and  dur- 
ing construction  and  for  one  year  after  completion  of  the 
project,  cost  of  engineering,  financial  and  legal  expenses, 
plans,  specifications,  surveys  and  other  expenses  necessary 
or  incidental  to  determining  the  feasibility  or  practicabihty 
of  the  project,  the  authority's  administrative  expenses,  and 
such  other  costs  and  expenses  as  may  be  necessary  or  inci- 
dental to  the  acquisition  and  construction  of  the  project,  the 
financing  thereof,  the  placing  of  the  project  in  operation,  the 
providing  of  a  reasonable  reserve  for  working  capital  and  the 
providing  of  the  works,  improvements  and  facilities  author- 
ized to  be  undertaken,  constructed,  acquired  or  operated  by 
the  authority. 

(e)  "Revenue  of  the  tramway"  or  "revenue  of  the 
project",  the  rates,  rents,  revenues,  fees,  charges,  tolls  and 
other  income  arising  from,  out  of  or  in  connection  with  the 
ownership  or  operation  of  the  project  by  the  authority  from 
whatever  source  derived. 

Section  2.  Said  chapter  606  is  hereby  further  amended 
by  striking  out  section  6  and  inserting  in  place  thereof  the 
following  section:  —  Section  6.  The  authority  is  hereby 
authorized  and  empowered  — 

(a)  To  acquire,  construct,  maintain,  repair  and  operate  an 
aerial  tramway  and  all  appurtenances  thereto  on  the  Adams 
side  of  Mount  Greylock,  in  the  county  of  Berkshire;  and 
such  other  facilities,  works  and  improvements  as  approach 
roads  to  the  bottom  terminus  or  base  of  the  tramway;  park- 
ing facilities  at  said  bottom  terminus  or  base;  ski  facilities, 
stores,  including  gift,  souvenir  and  ski  or  equipment  shops; 
dining  and  refreshment  facilities;  lounges,  conifort  stations, 
warming  huts  and  other  such  accommodations  for  the  con- 
venience, comfort  and  pleasure  of  the  public;  and  such  other 
facilities  and  services  as  are  reasonably  necessary  for  the 
public  purposes  of  the  authority  as  described  in  this  act. 

(6)  To  issue  revenue  bonds  of  the  authority,  payable  solely 
from  revenues  for  the  purpose  of  paying  all  or  any  part  of  the 
cost  of  the  project; 

(c)  To  fix  and  revise  from  time  to  time  rates,  rents,  fees, 
charges  and  tolls  for  carriage  on  and  use  of  the  tramway  and 
for  use  or  occupancy  of  the  project  or  any  part  thereof,  or 
any  service  or  facility  provided  by  the  project,  or  any  part 
thereof,  and  for  the  grant  of  concessions  therein  and  for 
things  furnished,  or  services  rendered,  by  the  authority; 

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


Acts,  1955.  — Chap.  476.  393 

(e)  To  acquire,  hold,  lease,  let  and  dispose  of  real  and 
personal  property  in  the  exercise  of  any  of  its  powers  and  for 
any  of  its  corporate  purposes; 

(/)  To  acquire  in  its  own  name  by  purchase  or  otherwise, 
on  such  terms  and  conditions  and  in  such  manner  as  it  may 
deem  proper,  or  by  the  exercise  of  the  power  of  eminent 
domain  in  accordance  with  the  provisions  of  chapter  seventy- 
nine  of  the  General  Laws  in  so  far  as  such  provisions  may  be 
applicable,  such  public  or  private  lands,  public  parks,  play- 
grounds or  reservations,  or  parts  thereof  or  rights  therein, 
except  lands  or  rights  therein  under  the  control  of  the  Grey- 
lock  reservation  commission,  and  public  or  private  ways  as 
it  may  deem  necessary  for  carrying  out  the  provisions  of  this 
act;  provided,  that  no  damages  shall  be  paid  for  public  lands 
or  playgrounds,  parks,  parkways  or  reservations  so  taken; 
and  provided,  that  the  members  of  the  authorit}'-  shall  act  in 
its  name  and  on  its  behalf  in  exercising  its  functions  under 
this  clause,  and  provided  further,  that  before  taking  any 
private  property  the  authority  shall  give  security  to  the  state 
treasurer,  in  such  amount  and  in  such  form  as  may  be  de- 
termined by  the  department  of  public  works,  for  the  pay- 
ment of  such  damages  as  may  be  awarded  in  accordance  with 
law  for  such  taking,  and  that  the  provisions  of  section  forty 
of  said  chapter  seventy-nine,  in  so  far  as  the  same  may  be 
applicable,  shall  govern  the  rights  of  the  authority  and  of  any 
person  whose  property  is  so  taken; 

(g)  To  make  and  enter  into  all  contracts  and  agreements 
necessary  or  incidental  to  the  performance  of  its  duties  and 
the  execution  of  its  powers  under  this  act,  and  to  employ 
consulting  engineers,  construction  and  accounting  experts, 
and  attorneys,  and  such  other  employees  and  agents,  as  may 
be  necessary  in  its  judgment,  and  to  fix  their  compensation; 
provided,  that  all  such  expenses  shall  be  payable  solely  from 
the  proceeds  of  revenue  bonds  issued  under  the  provisions  of 
this  act  or  from  the  revenues  of  the  project; 

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

(i)  To  provide  through  its  employees,  or  by  the  grant  of 
one  or  more  concessions,  or  in  part  through  its  employees  and 
in  part  by  the  grant  of  one  or  more  concessions,  for  the  fur- 
nishing of  services,  and  things  for  the  accommodation  of 
persons  admitted  to  or  using  the  project,  or  any  part  there- 
of; 

(j)  To  rent,  buy,  sell  and  deal  in  goods,  wares  and  mer- 
chandise in  any  way  connected  with  the  facilities  furnished 
by  the  project  or  for  the  convenience  or  accommodation  of 
persons  admitted  to  or  using  the  project,  or  any  part  thereof, 
and  to  lease  or  grant  the  right  to  exercise  such  powers; 

(k)  To  construct  and  operate  places  for  serving  food  and 


394  Acts,  1955.  — Chap.  476. 

refreshments,  for  furnishing  accommodations  for  visitors  and 
for  the  sale  or  rental  of  goods,  wares  and  merchandise  in  any 
way  connected  with  the  facilities  furnished  by  the  project  or 
for  the  convenience  or  accommodation  of  persons  admitted  to 
or  using  the  project,  or  any  part  thereof,  and  to  lease  or  grant 
the  right  to  exercise  such  powers ;  and 

(Z)  To  do  all  acts  and  things  necessary  or  convenient  to 
carry  out  the  powers  expressly  granted  in  this  act. 

Section  3.  Section  7  of  said  chapter  606  is  hereby 
amended  by  striking  out,  in  line  8  and  in  line  40,  the  word 
"four"  and  inserting  in  place  thereof,  in  each  instance,  the 
word :  —  five. 

Section  4.  Section  8  of  said  chapter  606  is  hereby 
amended  by  striking  out,  in  line  6,  the  word  "tramway"  and 
inserting  in  place  thereof  the  word:  —  project. 

Section  5.  Said  chapter  606  is  hereby  further  amended 
by  striking  out  section  10  and  inserting  in  place  thereof  the 
following  section:  —  Section  10.  The  authority  is  hereby 
authorized  to  fix,  revise,  charge  and  collect  rates,  rents,  fees, 
charges  and  tolls  for  the  use  of  the  tramway  and  for  use  or 
occupancy  of  the  project,  or  any  part  thereof,  or  any  service 
or  facihty  provided  by  the  project,  or  any  part  thereof,  and  to 
contract  with  any  person,  partnership,  association  or  corpora- 
tion desiring  any  such  use  or  occupancy,  and  to  fix  the 
terms,  conditions,  rates,  rents,  fees,  charges  and  tolls  for  such 
use.  Such  rates,  rents,  fees,  charges  and  tolls  shall  be  so  fixed 
and  adjusted  from  time  to  time  in  respect  of  the  aggregate  of 
such  rates,  rents,  fees,  charges  and  tolls  from  the  project  as  to 
provide  a  fund  sufficient  (a)  to  pay  the  cost  of  maintaining, 
repairing  and  operating  the  project,  (6)  to  pay  the  principal 
of  and  interest  on  the  revenue  bonds  as  the  same  shall  become 
due  and  payable,  and  (c)  to  create  such  reserves  for  such  pur- 
poses and  for  the  improvement,  extension,  and  betterment  of 
the  project,  and  the  renewal  and  replacement  of  the  capital 
assets  of  the  project,  as  the  authority  in  its  discretion  shall 
provide.  Such  rates,  rents,  fees,  charges  or  tolls  shall  not  be 
subject  to  supervision  or  regulation  by  any  department, 
division,  commission,  board,  bureau  or  agency  of  the  com- 
monwealth or  any  political  subdivision  thereof.  Any  moneys 
derived  from  such  rates,  rents,  fees,  charges  or  tolls  not  re- 
quired bj''  the  authority  for  any  of  the  foregoing  purposes 
may  be  used  by  the  authority  for  the  purchase  or  redemption 
of  bonds  prior  to  the  maturity  thereof  in  such  manner  as  the 
authority  may  provide. 

Section  6.  Said  chapter  606  is  hereby  amended  by  strik- 
ing out  section  16  and  inserting  in  place  thereof  the  following 
section:  —  Section  16.  When  all  tramway  revenue  bonds  or 
tramway  revenue  refunding  bonds  issued  under  the  pro- 
visions of  this  act  and  the  interest  thereon  shall  have  been 
paid  or  a  sufficient  amount  for  the  payment  of  all  such  bonds 
and  the  interest  thereon  to  the  maturity  thereof  shall  have 
been  set  aside  in  trust  for  the  benefit  of  the  bondholders,  the 
tramway,  if  then  in  good  condition  and  repair  to  the  satis- 


Acts,  1955. —  Chap.  476.  395 

faction  of  the  department  of  public  safety,  shall  be  turned 
over  to  the  commonwealth,  and  shall  be  operated  and  main- 
tained by  the  Grejdock  reservation  commission,  and  there- 
upon the  authority  shall  be  dissolved  and  all  funds  of  the 
authority  not  required  for  the  payment  of  the  bonds  shall  be 
paid  to  the  county  treasurer  of  Berkshire  countj^  and  shall  be 
held  by  him,  subject  to  the  order  of  the  Greylock  reservation 
commission,  in  the  Greylock  State  Reservation  Fund,  and 
all  machinery,  equipment  and  other  property  belonging  to 
the  authorit}'^  shall  be  vested  in  the  commonwealth  and  de- 
livered to  the  Greylock  reservation  commission.  All  revenues 
produced  from  the  operation  of  the  tramway  by  the  Greylock 
reservation  commission  shall,  after  payment  of  all  necessary 
expenses  of  repair  and  maintenance,  be  deposited  in  the  said 
Greylock  State  Reservation  Fund,  subject  to  the  order  of  the 
Greylock  reservation  commission,  for  the  maintenance  and 
improvement  of  the  Greylock  state  reservation. 

Section  7.  The  Greylock  reservation  commission  is  here- 
by authorized  to  lease  to  the  Mount  Greylock  Tramway 
Authority,  with  the  approval  of  the  governor  and  council, 
any  portion  of  the  Mount  Greylock  reservation  owned  by  the 
commonwealth  or  the  county  of  Berkshire,  including  the 
buildings,  faciHties  and  improvements  located  thereon,  for  a 
term  not  exceeding  forty  years  at  a  nominal  or  other  rental 
as  may  be  determined,  and  the  said  Greylock  reservation 
commission,  with  the  approval  of  the  governor,  is  hereby 
authorized  and  empowered  to  enter  into  such  lease  agree- 
ments restricting  the  use  of  any  such  property  not  leased  in 
order  to  prevent  competition  with  the  property  leased; 
pro\dded,  however,  that  any  lease  entered  into  under  the 
provisions  of  this  section  shall,  notwithstanding  the  terms 
thereof,  terminate  as  of  the  date  when  the  said  authority 
turns  over  the  tramway  to  the  commonwealth,  as  pro\'ided 
under  section  sixteen  of  chapter  six  hundred  and  six  of  the 
acts  of  nineteen  hundred  and  fifty-three,  as  amended  by 
section  six  of  this  act. 

The  Greylock  reservation  commission  is  further  authorized 
in  any  such  lease  to  permit  the  Mount  Greylock  Tramway 
Authority  to  extend,  add  to,  better  and  improve  any  such 
buildings,  facilities  or  improvements  located  on  the  leased 
portion  of  the  Greylock  reservation.  The  cost  of  any  such 
extensions,  additions,  betterments  or  improvements  may  be 
financed  by  the  Mount  Greylock  Tramway  Authority  as 
part  of  the  cost  of  the  project,  as  such  term  is  defined  in 
section  five  of  chapter  six  hundred  and  six  of  the  acts  of 
nmeteen  hundred  and  fifty-three,  as  amended  by  section  one 
of  this  act,  by  the  issuance  of  revenue  bonds  as  authorized 
by  said  chapter  six  hundred  and  six  of  the  acts  of  nineteen 
hundred  and  fifty-three,  as  amended. 

The  commonwealth  does  hereby  covenant  with  the  holders 
of  the  revenue  bonds  of  the  authority  that,  so  long  as  any 
bonds  issued  by  the  authority  remain  outstanding,  the  com- 
monwealth will  refrain  from  estabUshing,  extending  or  im- 


Acts,  1955. —  Chap.  477. 

proving  any  facilities  or  improvements  on  the  Mount  Grey- 
lock  reservation  in  competition  with  or  detrimental  to  the 
project  of  the  authority  and  will  not  authorize  the  estab- 
lislmient,  extension  or  improvement  of  any  such  facilities  or 
improvements;  provided,  that  any  such  covenant  shall  not 
prevent  or  preclude  the  commonwealth,  the  county  of  Berk- 
shire or  the  Greylock  reservation  commission  from  operating 
and  maintaining  the  public  roads  as  they  presently  exist  on 
the  Mount  Greylock  reservation. 

Section  8.  The  Mount  Greylock  Tramway  Authority 
is  hereby  authorized  to  make  cash  grants  to  the  town  of 
Adams  or  county  of  Berkshire,  or  both,  to  provide  said  town 
and  said  county  with  moneys  with  which  to  lay  out  and  con- 
struct, alter,  relocate,  widen,  change  the  grade  of,  or  make 
repairs  upon,  pubHc  ways  within  their  control  and  providing 
necessary  access  to  the  project  undertaken  by  the  authority, 
and  in  connection  therewith  said  authority  and  said  town 
and  said  county  are  hereby  authorized  to  enter  into  such 
agreements  with  respect  to  the  apphcation  and  expenditure 
of  such  cash  grant  or  grants  and  the  laying  out,  constructing, 
altering,  relocating,  widening,  changing  the  grade  of,  or  re- 
pairing of  pubHc  ways  to  provide  access  to  such  project  as 
the  parties  thereto  may  determine  to  be  necessary  or  de- 
sirable to  carry  out  the  provisions  of  this  act.  Any  such  cash 
grant  by  the  authority  for  the  foregoing  purposes  shall  be 
deemed  a  part  of  the  cost  of  the  project,  as  such  term  is  de- 
fined in  section  five  of  chapter  six  hundred  and  six  of  the  acts 
of  nineteen  hundred  and  fifty-three,  as  amended  by  section 
one  of  this  act,  and  may  be  financed  by  the  issuance  of 
revenue  bonds  as  authorized  by  said  chapter  six  hundred  and 
six  of  the  acts  of  nineteen  hundred  and  fifty-three,  as 
amended. 

Section  9.  Section  12  of  chapter  63  of  the  General  Laws 
is  hereby  amended  by  inserting  after  paragraph  (w),  inserted 
by  chapter  543  of  the  acts  of  1954,  the  following  paragraph:  — 

(o)  Bonds  issued  by  the  Mount  Greylock  Tramway 
Authority. 

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

Approved  June  24,  1955. 


ChapA77  An  Act  relative  to  certain  appeals  to  the  alcoholic 

BEVERAGES    CONTROL    COMMISSION    FROM    THE    ACTION    OF 
LOCAL   LICENSING   AUTHORITIES. 

Emergency  Whereas,  The  deferred  operation  of  this  act  would  tend  to 

pream  e.  defeat  its  purpose,  which  is  to  provide  forthwith  for  certain 
reappeals  to  the  alcohohc  beverages  control  commission  by 
aggrieved  appHcants  for  renewal  of  hcenses  for  the  nineteen 
hundred  and  fifty-five  Hcense  year,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 


Acts,  1955. —  Chap.  478.  397 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  the  provisions  of  section  sixty-seven  of 
chapter  one  hundred  and  thirty-eight  of  the  General  Laws, 
or  any  other  provisions  of  said  chapter,  any  apphcant  for 
renewal  of  a  license  for  the  nineteen  hundred  and  fifty-five 
license  year,  who  is  aggrieved  by  the  action  of  the  local 
licensing  authorities  in  refusing  to  grant  the  same,  after 
receipt  of  a  decision  from  the  alcohoUc  beverages  control  com- 
mission recommending  the  granting  thereof,  may  appeal  again 
to  the  said  commission  upon  petition  in  writing  setting  forth 
all  the  material  facts  in  the  case.  In  the  event  of  such 
reappeal,  the  commission  shall  hold  a  hearing  on  such  re- 
appeal,  requiring  due  notice  to  be  given  to  all  interested 
parties.  If  the  commission  on  such  reappeal  approves  the 
action  of  the  local  hcensing  authorities,  it  shall  issue  notice  to 
them  to  that  effect,  but  if  the  commission  disapproves  of 
their  action,  it  shall  issue  a  decision  in  writing  advising  said 
local  hcensing  authorities  of  the  reasons  why  it  does  not  ap- 
prove. This  decision  of  the  commission  on  reappeal  shall 
be  final;  provided,  that  in  no  event  shall  the  commission 
order  the  local  hcensing  authorities  to  issue  any  Ucense  to 
an  applicant  not  a  party  to  the  appeal.  If  the  local  hcensing 
authorities  fail  to  issue  a  license  to  such  apphcant  for  re- 
newal of  a  license  for  the  nineteen  hundred  and  fifty-five 
Hcense  year  when  ordered  so  to  do  by  the  commission  in  its 
decision  upon  reappeal,  within  such  time  as  it  may  prescribe, 
the  commission  may  itself,  after  such  reappeal,  issue  such 
license  to  said  apphcant,  with  the  same  force  and  effect  as  if 
issued  by  the  local  Hcensing  authorities. 

Approved  June  24-,  1955. 

An  Act  relative  to  the  salaries  of  the  mayor  and  ChavA78 

BOARD  OF  aldermen  OF  THE  CITY  OF  BEVERLY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Not'^ithstanding  the  provisions  of  section 
six  A  of  chapter  thirty-nine  and  section  seventeen  A  of  chap- 
ter forty-three  of  the  General  Laws,  the  mayor  of  the  city  of 
Beverly  shall  receive  for  his  service  such  salary  as  the  board 
of  aldermen  thereof  by  ordinance  shall  determine,  not  ex- 
ceeding seven  thousand  dollars. 

Section  2.  The  board  of  aldermen  of  said  city  may,  by 
a  two-thirds  vote  of  all  its  members  taken  by  call  of  the  yeas 
and  nays,  establish  a  salary  for  its  members  not  exceeding 
seven  hundred  dollars  each. 

Section  3.  Section  one  of  this  act  shall  take  effect  upon 
its  passage.  Section  two  of  this  act  shall  be  submitted  to  the 
registered  voters  of  the  city  of  Beverly  at  the  next  city  elec- 
tion in  the  form  of  the  following  question,  which  shaU  be 
placed  upon  the  official  ballot  to  be  used  at  said  election :  — 
"Shall  section  two  of  an  act  passed  by  the  General  Court  in 
the  year  nineteen  hundred  and  fifty-five  authorizing  the  board 


398  Acts,  1955.  — Chaps.  479,  480,  481. 

of  aldermen  of  the  city  of  Beverly  to  establish  a  salary  for  its 
members,  not  exceeding  seven  hundred  dollars  each,  be 
accepted?  "  If  a  maj  ority  of  the  votes  in  answer  to  said  ques- 
tion is  in  the  afhrmative,  said  section  two  shall  thereupon  take 
effect,  but  not  otherwise.  Approved  June  27,  1955. 

ChapA79  An  Act  authorizing  cities  and  towns  to  spread  over  a 

PERIOD    OF    THREE    YEARS    THE    COSTS    ASSESSED    THEREON 
FOR    CERTAIN    GYPSY   MOTH    CONTROL   MEASURES. 

prefmbk^^  Whereas,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  institute  forthwith  a  pro- 
gram for  the  prevention  of  the  spread  of  the  gypsy  moth, 
therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public  con- 
venience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  475  of  the  acts  of  1954  is  hereby  amended  by 
striking  out  section  2  and  inserting  in  place  thereof  the  fol- 
lowing section :  — •  Section  2.  Notwithstanding  the  provi- 
sions of  section  one  of  chapter  one  hundred  and  forty-eight 
of  the  acts  of  nineteen  hundred  and  fifty-four,  as  amended 
by  section  one  of  this  act,  the  mayor  of  any  city  or  the  select- 
men of  any  town  may  elect  to  make  payment  in  three  equal 
annual  installments,  the  initial  payment  to  be  made  in  the 
year  in  which  the  municipality  is  sprayed  as  part  of  a  region 
as  provided  in  said  section  one,  and  the  balance  payable  in 
the  two  following  consecutive  years,  upon  notice  in  writing  to 
the  state  tax  commissioner  of  such  election.  In  the  event 
of  such  election  the  state  tax  commissioner  shall  state  in  his 
certification  to  the  state  treasurer,  required  by  said  section 
one,  the  amount  to  be  collected  under  such  election. 

Approved  June  27,  1955. 

ChapASO  An  Act  relative  to  the  changing  of  precinct  lines 

IN    WARD    EIGHT   IN   THE    CITY    OF   SPRINGFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  section 
two  of  chapter  fifty-four  of  the  General  Laws,  the  precinct 
lines  of  ward  eight  in  the  city  of  Springfield,  estabhshed  by 
vote  of  the  board  of  aldermen  on  December  sixth,  nineteen 
hundred  and  fifty-four,  shall  be  effective  as  of  the  thirty- 
first  day  of  December,  nineteen  hundred  and  fifty-four. 

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

Approved  June  27,  1955. 

ChapASl  An  Act  relative  to  furnishing  salk  poliomyelitis  vac- 
cine TO  certain  children  and  others  throughout  the 

COMMONWEALTH. 

Emergency  Whcretts,  The  deferred  operation  of  this  act  would  tend  to 

preamble,         defeat  its  purpose,  which  is  to  provide  immediately  for  the 


Acts,  1955.  —  Chaps.  482,  483.  399 

furnishing  of  Salk  poliomyelitis  vaccine  to  certain  children 
and  others  throughout  the  commonwealth,  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  health. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  pubhc  health  is  hereby 
authorized  and  directed  to  spend  such  sums  as  may  be  appro- 
priated therefor  for  the  purchase  of  Salk  poliomyelitis  vac- 
cine. 

Section  2.  The  commissioner  of  public  health  shall  fur- 
nish to  any  state  agency  or  institution  responsible  for  the 
vaccination  of  children  and  to  boards  of  health  in  each  city 
and  town  in  the  commonwealth  as  much  Salk  pohomyelitis 
vaccine  as  is  necessary  to  vaccinate  and  re-vaccinate  as 
necessary  any  child  between  the  ages  of  one  to  nineteen 
years,  inclusive,  and  any  other  persons,  including  pregnant 
women,  in  accordance  with  priorities  established  by  the  com- 
missioner, free  of  cost,  who  are  or  whose  parents  or  guardians 
are  unable  to  pay  for  such  vaccine,  or  to  whom  it  would  be 
an  undue  financial  hardship. 

Section  3.  All  federal  grants  available  to  the  common- 
wealth under  any  act  of  congress,  and  any  private  gifts 
from  any  source,  shall  be  paid  into  the  treasury  of  the  com- 
monwealth and  may  be  expended  without  specific  appro- 
priation for  the  purposes  set  forth  in  section  one  of  this  act. 

Approved  June  27,  1955. 

An  Act  authorizing  and  directing  the  division  of  fish-  C/iap.482 

ERIES  and  game  OF  THE  DEPARTMENT  OF  NATURAL  RE- 
SOURCES TO  MANAGE  FOR  FISHING  PURPOSES  LAKE  WIN- 
NECONNET  IN  THE  TOWN  OF  NORTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  division  of  fisheries  and  game  of  the  de- 
partment of  natural  resources  is  hereby  authonzed  and  di- 
rected to  manage,  for  the  purpose  of  improving  the  fishing 
in,  that  body  of  water  known  as  Lake  Winneconnet  located 
in  the  town  of  Norton. 

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

Approved  June  27,  1955. 

An  Act  increasing  the  radius  within  which  certain  Chap  ASS 

FARM  vehicles  MAY  BE  OPERATED  UNDER  A  GENERAL 
distinguishing  number  or  mark  ASSIGNED  BY  THE  REGIS- 
TRAR  OF   MOTOR   VEHICLES. 

Be  it  enacted,  etc.,  as  follov:s: 

Section  1.     Chapter  90  of  the  General  Laws  is  hereby  g.  l.  (Xer. 
amended  by  striking  out  section  5,  as  most  recently  amended  eto!.'amended. 
by  section  1  of  chapter  377  of  the  acts  of  1952,  and  inserting 
in  place  thereof  the  following  section :  —  Section  5.    Every 


400 


Acts,  1955.  — Chap.  483. 


Farm  vehicles 
may  be 
operated 
under  dis- 
tinguishing 
number 
issued  by 
registry. 


manufacturer,  dealer,  repairman,  owner-repairman,  trans- 
porter and  farmer,  instead  of  registering  each  motor  vehicle 
or  trailer  owned  or  controlled  by  him,  may  make  application 
for  a  general  distinguishing  number  or  mark,  and  the  regis- 
trar, if  satisfied  of  the  facts  stated  in  the  application,  may 
issue  to  the  applicant  a  certificate  of  registration  containing 
the  name  and  business  address  of  the  applicant  and  the  gen- 
eral distinguishing  number  or  mark  assigned  to  him  and  made 
in  such  form  and  containing  such  further  information  as  the 
registrar  may  determine.  All  motor  vehicles  or  trailers 
owned  or  controlled  by  such  manufacturer,  dealer  or  repair- 
man, and  all  trucks  except  those  used  in  the  regular  delivery 
substantially  on  a  daily  schedule  for  sale  of  farm  products 
or  for  distances  in  excess  of  a  radius  of  twenty  miles  from 
the  farm,  tractors,  trailers,  or  self-propelled  agricultural  im- 
plements, owned  or  controlled  by  a  farmer,  and  equipped  with 
rubber  tires,  shall  be  regarded  as  registered  under  the  general 
distinguishing  number  or  mark  assigned  to  him  until  sold, 
or  let  for  hire,  or  loaned  for  a  period  of  more  than  five  suc- 
cessive days,  except  that  any  vehicle  owned  or  controlled  by 
a  farmer  shall  be  deemed  to  be  registered  under  the  provi- 
sions of  this  section  only  when  it  is  operated  within  the 
commonwealth,  and  all  motor  vehicles  or  trailers  owned  by 
such  owner-repairman  which  are  in  the  process  of  being  re- 
paired, altered,  equipped  or  transferred  from  one  location  to 
another  and  which  are  not  behig  used  during  such  time  in 
the  operation  of  the  principal  business  of  said  owner-repair- 
man shall  be  regarded  as  registered  under  the  general  dis- 
tinguishing number  or  mark  assigned  to  him,  and  all  motor 
vehicles  which  are  under  the  control  of  but  not  owned  by 
such  transporter  while  being  delivered  by  him  under  their 
own  power  shall  be  regarded  as  registered  under  the  general 
distinguishing  number  or  mark  assigned  to  him;  provided, 
that  number  plates,  furnished  as  hereinafter  provided,  are 
properly  displayed  thereon.  The  registrar  shall,  upon  pay- 
ment of  the  fee  provided  in  section  thirty-three,  furnish  at 
his  office  to  every  manufacturer,  dealer,  repairman,  owner- 
repairman,  transporter  and  farmer  whose  vehicles  are  regis- 
tered in  accordance  with  tliis  section,  such  number  of  pairs 
of  number  plates  as  he  may  request  in  writing  of  suitable 
design  having  displayed  upon  them  the  register  number  which 
is  assigned  to  the  vehicles  of  such  manufacturer,  dealer,  re- 
pairman, owner-repairman,  transporter  or  farmer,  with  a 
different  letter  or  letters  or  mark  on  each  pair  of  number 
plates,  and,  in  addition,  the  registrar  shall  furnish  to  every 
transporter  with  each  pair  of  number  plates  a  corresponding 
certificate  of  registration.  Number  plates  furnished  here- 
under shall,  except  as  provided  by  section  nine,  be  valid  only 
for  the  year  for  which  they  are  issued.  Every  registration 
under  this  section  shall  expire  at  midnight  on  December 
thirty-first  of  each  year.  The  word  "dealer",  for  the  pur- 
poses of  the  registration  of  motor  vehicles  or  trailers  under 
any  provision  of  this  chapter,  may  include,  in  the  discre- 


Acts,  1955.  —  Chaps.  484,  485.  401 

tion  of  the  registrar,  a  person  who  is  engaged  in  the  business 
of  financing  the  purchase  of  or  insuring  motor  vehicles,  but 
only  in  respect  to  such  vehicles  as  such  person  may  take  in 
possession  by  foreclosure  or  subrogation  of  title  and  all  the 
provisions  of  this  chapter  relating  to  certificates  of  regis- 
tration of  dealers  shall  apply  to  certificates  issued  to  such  a 
person  under  this  provision.  Vehicles  owned  or  controlled 
by  a  farmer  which  are  registered  under  a  general  distinguish- 
ing mark  as  provided  herein  shall  not  in  any  civil  action  for 
damages  be  deemed  a  trespasser  on  the  highway  by  reason 
of  the  fact  that  at  the  time  of  the  accident  the  said  vehicle 
was  a  greater  distance  than  a  radius  of  twenty  miles  from 
the  farm. 

Section  2.    Section  1  of  said  chapter  90,  as  amended,  is  g.  l.  (Ter. 
hereby  further  amended  by  inserting  after  the  definition  of  ftc".! 'amended. 
"  Farmer  "  the  following  definition :  — 

"Farming",  tillage  of  or  use  of  the  soil  to  raise  food  for 
the  use  of  man  or  beast,  and  the  raising  of  tobacco. 

Approved  June  27,  1955. 

An  Act  changing  the  personnel  of  the  traffic  commis-  C/lop. 484 
siON  in  the  city  of  malden. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  67  of  the  acts  of  1947  is  hereby  amended  by 
striking  out  section  1  and  inserting  in  place  thereof  the  fol- 
lowing section:  —  Section  1.  There  is  hereby  established  in 
the  city  of  ]\Ialden,  hereinafter  referred  to  as  the  city,  a 
commission  to  consist  of  the  chairman  of  the  pubHc  works 
commission,  the  city  engineer,  the  chairman  of  the  planning 
board,  the  fire  commissioner  or  his  representative,  and  the 
captain  of  police  or  his  representative. 

Approved  June  27,  1955. 

An  Act  relative  to  the  number  of  peremptory  chal-  ChapASb 
lenges  of  jurors  in  civil  and  criminal  cases. 

Be  it  enacted,  etc.,  asfolloics: 

Section  1.    Chapter  234  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  29,  as  amended  by  section  2  f  29'fu^,' 
of  chapter  428  of  the  acts  of  1945,  and  inserting  in  place  amended.' 
thereof  the  following  section :  —  Section  29.    Upon  the  trial  Peremptory 
of  an  indictment  for  a  crime  punishable  by  death  or  im-  j'urors"^^^" 
prisonment  for  life,  each  defendant  shall  be  entitled  to  twelve 
peremptory  challenges  of  the  jurors  called  to  try  the  case,  and 
in  other  criminal  cases  each  defendant  shall  be  entitled  to 
three  such  challenges;    provided,  that  each  defendant  in  a 
capital  case  in  which  additional  jurors  are  chosen  under 
section   twenty-six  B  shall   be  entitled   to   one  additional 
peremptory  challenge  for  each  additional  juror.     In  every 
criminal  case  the  commonwealth  shall  be  entitled   to  as 
many  such  challenges  as  equal  the  whole  number  to  which 
all  the  defendants  in  the  case  are  entitled.    In  a  civil  case 
each  party  shall  be  entitled  to  three  such  challenges.    Per- 


402  Acts,  1955. —  Chap.  486. 

emptory  challenges  shall  be  made  before  the  commencement 
of  the  trial  and  may  be  made  after  the  determination  that  a 
person  called  to  serve  as  a  juror  stands  indifferent  in  the 
case. 

Section  2.  This  act  shall  take  effect  on  October  first, 
nineteen  hundred  and  fifty-five.    Approved  June  27,  1955. 

ChapASQ  An    Act   to    authorize    establishment    of    off-street 

PARKING    FACILITIES   IN   THE    CITY    OF   SPRINGFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  It  is  hereby  declared  that  excessive  curb 
parking  of  motor  vehicles  on  the  streets  of  the  city  of  Spring- 
field and  the  lack  of  adequate  off-street  parking  facilities 
create  congestion,  obstruct  the  free  circulation  of  traffic, 
diminish  property  values,  and  endanger  the  health,  safety 
and  general  welfare  of  the  public;  that  the  provision  of  con- 
veniently located  off-street  parking  facilities  at  a  reasonable 
cost  is  therefore  necessary  to  alleviate  such  conditions;  and 
that  the  establishment  of  public  off-street  automobile  parking 
facilities  and  fostering  the  provision  of  commercial,  special 
purpose,  or  co-operative  off-street  automobile  parking  facifi- 
ties  are  decreed  to  be  a  proper  public  or  municipal  purpose. 

Section  2.  Definitions  of  Types  of  Parking  Facilities.  — 
For  the  purposes  of  this  act  (1)  public  off-street  automobile 
parking  facilities  are  defined  as  accommodations  provided  by 
public  authority  for  the  parking  of  automobiles  off  the 
street  or  highway  and  open  to  public  use,  with  or  without 
charge.  Such  facihties  may  be  pubHcly  owned  and  pub- 
licly operated,  or  they  may  be  publicly  owned  and  privately 
operated;  (2)  commercial  off-street  automobile  parking 
facilities  are  defined  as  accommodations  provided  by  pri- 
vate enterprise  for  the  parking  of  automobiles  off  the  street 
or  highway,  open  to  public  use  for  a  fee;  (3)  special  purpose 
off-street  automobile  parking  facilities  are  defined  as  accom- 
modations provided  by  pubUc  authority  or  private  groups  or 
individuals,  for  restricted  use  in  connection  with  public 
improvements,  particular  businesses,  theaters,  hotels  and 
other  private  enterprises,  or  combinations  thereof,  or  as 
adjuncts  to  housing  developments  or  private  residence. 
Such  facilities  may  or  may  not  be  jointly  established  and 
operated;  (4)  co-operative  off-street  automobile  parking 
facilities  are  defined  as  accommodations  provided  by  joint 
action  of  pubhc  and  private  interests.  Parking  facihties  may 
consist  of  lots,  garages  or  other  structures  and  accessories; 
they  may  be  surface  facihties  or  facilities  above  or  under  the 
ground. 

Section  3.  The  city  of  Springfield  is  hereby  authorized 
to  establish  a  commission,  to  be  known  as  the  Springfield 
Off-Street  Parking  Commission,  hereinafter  called  "the 
commission",  for  the  purpose  of  estabhshing  pubhc  off- 
street  automobile  parking  facihties  and  of  fostering  the  pro- 
vision of  commercial,  special  purpose  and  co-operative  off- 


Acts,  1955. —  Chap.  486.  403 

street  automobile  parking  facilities  within  the  city  of  Spring- 
field. Such  commission  shall  consist  of  seven  members,  of 
whom  four  shall  be  appointed  by  the  mayor,  subject  to  con- 
firmation by  the  municipal  council,  one  shall  be  elected  by 
and  from  the  board  of  aldermen,  and  two  shall  be  members 
of  the  common  council  appointed  by  the  president  thereof. 
The  commission  shall  choose  a  chairman  from  its  own 
membership,  who  shall  hold  office  for  such  term  as  may  be 
provided  in  the  rules  of  the  commission,  adopted  pursuant 
to  section  eleven  hereof. 

jMembers  of  the  commission  shall  serve  without  com- 
pensation, but  shall  be  allowed  their  reasonable  and  neces- 
sary expenses  incurred  in  the  performance  of  their  duties 
as  such  members. 

The  four  members  of  the  commission  appointed  by  the 
mayor  shall  serve  for  terms  of  five  years;  provided,  that  the 
initial  appointees  shall  serve  for  terms  of  two,  three,  four 
and  five  years,  respectively.  The  member  from  the  board 
of  aldermen  shall  be  elected  for  a  term  of  one  year,  and  the 
two  members  from  the  common  council  shall  each  be  ap- 
pointed for  a  term  of  one  year.  jMembers,  unless  sooner  re- 
moved, shall  serve  until  the  qualification  of  their  successors, 
and  vacancies  other  than  by  reason  of  expiration  of  term 
shall  be  filled  by  appointment  and  confirmation  for  the  bal- 
ance of  the  unexpired  terms.  The  mayor  may  file  written 
charges  against  any  of  the  members  for  misfeasance,  non- 
feasance or  malfeasance  in  office,  and  such  member  may  be 
removed,  after  a  hearing  on  such  charges,  by  a  two-thirds 
vote  of  the  board  of  aldermen.  Any  member  against  whom 
charges  have  been  filed  shall  be  given,  not  less  than  fourteen 
days  before  hearing  on  such  charges,  a  written  and  attested 
copy  of  the  charges  against  him  and  written  notice  of  the 
date  and  place  of  such  hearing.  A  public  hearing  shall  be 
held  only  at  the  request  of  the  member  against  whom  charges 
have  been  filed,  and  such  member  shall  be  afforded  the  right 
to  be  represented  by  counsel  and  an  opportunity  to  be  heard 
in  his  own  defence.  Any  removed  member  shall  have  the 
right  of  appeal  to  the  common  council,  a  majority  vote  of 
which  shall  uphold  the  finding  of  the  board  of  aldermen. 

Section  4.  The  commission,  acting  alone  or  in  co-opera- 
tion with  any  federal,  state,  municipal  or  private  agency,  is 
hereby  authorized  to  plan,  design,  locate,  acquire  property 
for,  construct,  alter,  enlarge,  use,  maintain,  operate,  lease 
(either  as  lessee  or  lessor)  pubhc  off-street  parking  facihties 
and  to  otherwise  provide,  or  foster  the  provision  of,  com- 
mercial, co-operative,  or  special  purpose  off-street  automo- 
bile parking  facilities,  wherever  and  to  the  extent  that  it 
deems  such  facilities  to  be  necessary  or  desirable  in  the  city 
of  Springfield. 

Section  5.  (a)  For  the  purposes  of  this  act,  the  commis- 
sion is  hereby  authorized  to  acquire  private  or  pubhc,  real 
or  personal  property  and  property  rights  above,  at  or  below 
the  surface  of  the  earth,  which  it  deems  necessary  or  de- 


404  Acts,  1955.  —  Chap.  486. 

sirable  for  off-street  parking  facilities,  by  purchase,  eminent 
domain  under  chapter  seventy-nine  or  chapter  eighty  A  of 
the  General  Laws,  gift,  lease,  bequest,  devise  or  grant;  pro- 
vided, that  the  power  of  eminent  domain  shall  be  exercised 
only  upon  approval  by  the  municipal  council.  Wherever 
possible  and  practicable,  real  property  acquired  under  the 
provision  of  this  act  shall  be  in  fee  simple. 

(6)  The  commission  may  sell,  lease,  exchange  or  other- 
wise dispose  of  property  and  property  rights  acquired  under 
this  act,  if  in  so  doing  it  deems  that  the  interest  of  the  city 
of  Springfield  will  be  best  served. 

Section  6.  (a)  The  commission  is  authorized  to  design 
and  locate  such  off-street  parking  facilities  as  the  public  in- 
terest and  the  purposes  of  this  act  require.  Such  facilities 
may  consist  of  lots,  improved  or  unimproved,  single  or  multi- 
level garages,  other  structures  and  accessories,  or  any  com- 
bination thereof;  provided,  that  no  products  used  in  or  for 
the  servicing  of  motor  vehicles  shall  be  sold  or  dispensed  at 
or  in  connection  with  pubHc  off-street  parking  facilities  by 
the  commission  or  any  lessee  thereof;  and  provided,  further, 
that  such  f  aciUties  shall  be  in  strict  compliance  with  the  then 
existing  zoning  ordinances,  building  code,  subdivision  regu- 
lations, and  police  and  fire  regulations.  Any  facihty  so 
designed  or  located  may  be  on  the  surface  or  above  or  below 
the  surface. 

(b)  For  the  purposes  of  this  section,  the  commission  is 
authorized  to  use  the  personnel  and  services  of  other  depart- 
ments of  the  city  of  Springfield;  provided,  that  the  cost  of 
such  services  and  personnel  is  properly  charged  against  the 
commission. 

The  commission  is  further  authorized  to  contract  with 
such  firms  and  for  such  studies  and  surveys  as  it  deems 
necessary  to  the  accomphshment  of  the  purposes  of  the  act. 

Section  7.  The  commission  is  authorized  to  construct, 
or  cause  to  be  constructed,  public  off-street  parking  facihties 
of  such  design  and  in  such  locations  as  authorized  by  sec- 
tion six.  No  contracts  shall  be  awarded  under  this  section 
unless  proposals  for  the  same  shall  have  been  invited  by  ad- 
vertisements in  at  least  one  daily  newspaper  pubhshed  in 
the  city,  once  a  week  for  at  least  three  consecutive  weeks, 
the  last  pubHcation  to  be  at  least  seven  days  before  the  time 
specified  for  the  opening  of  said  proposals,  then  only  to  the 
lowest  responsible  bidder  as  determined  by  the  commission. 
Such  advertisements  shall  state  the  time  and  place  where 
plans  and  specifications  of  the  proposed  construction  or 
work  may  be  had,  and  the  time  and  place  for  opening  the 
proposals  in  answer  to  said  advertisements,  and  shall  reserve 
to  the  commission  the  right  to  reject  any  or  all  proposals. 
All  such  proposals  shall  be  opened  in  public.  Any  contract 
made  as  aforesaid  may  be  required  to  be  accompanied  by  a 
bond  with  sureties  satisfactory  to  the  commission,  or  by  a 
deposit  of  money,  certified  check  or  other  security  for  the 
faithful  performance  thereof,  and  such  bonds  or  other  securi- 


Acts,  1955.  —  Chap.  486.  405 

ties  shall  be  deposited  with  the  city  treasurer  until  the  con- 
tract has  been  carried  out  in  all  respects. 

Section  8.  (a)  The  commission  is  hereby  authorized  to 
maintain  and  operate  public  off-street  parking  facilities  or 
to  contract  therefor;  or  to  lease  by  competitive  bidding  to 
any  individual  firm  or  corporation,  upon  such  terms  as  the 
public  interest  maj^  warrant;  provided,  that  any  lease  or 
contract  maj^,  and  any  lease  on  an  unimproved  parking 
facility  for  a  period  in  excess  of  three  years  shall,  contain  a 
covenant  on  the  part  of  the  lessee  that  he  shall  construct  or 
cause  to  be  constructed  on  the  demised  land  a  public  park- 
ing facility  as  designed  by  the  commission  in  compliance 
with  section  six,  such  facility  on  completion  to  become  the 
property  of  the  city  of  Springfield. 

(h)  No  lease  or  contract  shall  be  awarded  under  this  sec- 
tion unless  proposals  for  the  same  shall  have  been  invited 
by  advertisements  in  at  least  one  daily  newspaper  published 
in  the  city,  once  a  week  for  at  least  three  consecutive  weeks, 
the  last  publication  to  be  at  least  seven  days  before  the  time 
specified  for  the  opening  of  said  proposals,  then  onh'  to  the 
highest  responsible  bidder  as  determined  by  the  commission. 
Such  advertisements  shall  state  the  term  of  the  lease  or  con- 
tract, the  place  where  plans  and  specifications  for  required 
construction  maj^  be  examined,  and  the  time  and  place  for 
opening  the  proposals  in  answer  to  such  advertisements,  and 
shall  reserve  to  the  commission  the  right  to  reject  any  or  all 
proposals.  All  proposals  shall  be  opened  in  public.  Every 
lease  or  contract  made  as  aforesaid  shall  be  accompanied  by 
a  bond  with  sureties  satisfactory  to  the  commission,  or  by  a 
deposit  of  money,  certified  check  or  other  security  for  the 
faithful  performance  thereof,  and  such  bond  or  other  security 
shall  be  deposited  with  the  city  treasurer  until  the  lease  has 
been  carried  out  in  all  respects. 

(c)  Reasonable  regulations  for  the  orderly  use  of  public 
parking  facilities  shall  be  prescribed  by  the  commission,  as 
well  as  a  schedule  of  parking  fees  and  other  charges  for  the 
use  of  such  facilities,  whether  such  parking  facility  is  oper- 
ated by  the  commission  itself,  or  under  contract  or  under 
lease  to  any  private  agency.  Such  regulations  and  schedule 
of  fees  and  charges  may  be  revised  from  time  to  time;  pro- 
vided, that  consideration  shall  be  given  to  the  need  of  pro- 
viding off-street  parking  facilities  at  reasonably  low  cost. 

(d)  The  commission  may  employ  necessary  and  qualified 
personnel  to  insure  compliance  with  the  provisions  and  pur- 
pose of  this  act.  The  then  existing  personnel  policies  of  the 
city  of  Springfield  shall  be  observed  in  such  emploj^ment. 

Section  9.  (a)  The  city  of  Springfield  may,  for  the  pur- 
pose of  paying  necessary  expenses  and  liabilities  incurred 
under  the  provisions  of  this  act,  incur  debt  within  the  limit 
of  indebtedness  prescribed  in  section  ten  of  chapter  forty-four 
of  the  General  Laws.  The  city  of  Springfield  may,  by  its 
mayor  and  treasurer,  sell  securities  for  the  purpose  of  this 
act,  upon  such  terms  and  conditions  as  they  may  deem 


406  Acts,  1955.  — Chap.  486. 

proper;  provided,  that  such  securities  shall  not  be  sold  for 
less  than  the  par  value  thereof.  All  funds  required  by  the 
commission  for  the  purposes  of  this  act  shall  be  appropriated 
to  it  by  the  city  of  Springfield,  and  shall  be  maintained  by 
said  commission  as  a  separate  account.  Any  funds  appro- 
priated to  the  commission  and  not  required  by  it  in  any  fiscal 
year  for  the  purposes  of  this  act  shall  be  returned  to  the  city 
of  Springfield  at  the  end  of  such  fiscal  year. 

(h)  The  commission  may  from  time  to  time  accept  such 
portion  of  parking  meter  revenue  as  is  properly  allocated  to 
it;  provided  that  such  funds  shall  be  maintained  by  said 
commission  as  a  separate  account;  and  provided,  further, 
that  such  funds  shall  be  used  only  in  strict  accordance  with 
the  provisions  of  sections  twenty-two  B  and  C  of  chapter 
forty  of  the  General  Laws. 

(c)  The  commission  shall  maintain  proper  accounting  and 
financial  records  of  all  transactions,  and  provide  annual 
financial  statements.  An  annual  report  of  all  activities  shall 
be  made  to  the  municipal  council. 

Section  10.  The  commission  is  authorized  to  exercise 
all  powers  necessary,  convenient  or  desirable  to  carry  out  the 
purpose  of  this  act. 

Section  11.  The  commission  shall  adopt  rules,  not  incon- 
sistent with  the  provisions  of  any  statute  or  ordinance,  for 
conducting  its  business  and  meetings  and  otherwise  carrying 
out  the  purpose  of  this  act.  Meetings  of  the  commission 
shall  be  held  at  the  call  of  the  chairman  or  in  such  other  man- 
ner as  may  be  set  forth  in  said  rules.  All  decisions  of  the 
commission,  including  the  adoption  of  said  rules,  shall  be  by 
vote  of  a  majority  of  the  members  thereof. 

Section  12.  The  land  or  parking  facilities  acquired,  con- 
structed, maintained  or  operated  under  the  provisions  of 
this  act  shall  be  deemed  to  be  so  acquired,  constructed, 
maintained  and  operated  by  the  city  of  Springfield  in  its 
governmental  capacity,  and  the  city  shall  not  be  liable  for 
any  injury,  loss  or  damage  suffered  by  any  person  on  or 
about  any  property  so  acquired,  constructed,  maintained  or 
operated. 

Section  13.  Nothing  in  this  act  shall  be  construed  as 
giving  the  commission  power  to  supersede  the  traffic  com- 
mission or  police  department  of  the  city  of  Springfield  in 
the  regulation  and  enforcement  of  parking  on  the  streets  of 
Springfield. 

Section  14.  If  any  section,  provision  or  clause  of  this 
act  shall  be  declared  invalid  or  inapplicable  to  any  person  or 
circumstance,  such  invalidity  or  inapplicability  shall  not  be 
construed  to  affect  the  portions  not  so  held  or  persons  or 
circumstances  not  so  affected.  All  laws  or  portions  of  laws 
inconsistent  with  the  policy  and  provisions  of  this  act  are 
hereby  repealed  to  the  extent  of  such  inconsistency. 

Section  15.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  mayor  and  the  city  council  of  said  city,  but 
not  otherwise.  Approved  June  27,  1955. 


Acts,  1955.  —  Chaps.  487,  488.  407 


An  Act   relative  to  the   authority   of  the   city   of  ChapA^7 

CHICOPEE    TO    SELL    AND    CONVEY    TO    OSCAR    DION    A    POR- 
TION   OF   NASH    FIELD   IN    SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1  of  chapter  166  of  the  acts  of  1955  is  hereby 
amended  by  strikmg  out,  in  lines  3  to  6,  inclusive,  the  words 
"measuring  approximately  one  hundred  and  twenty  feet  by 
sixty  feet,  more  or  less,  being  lot  numbered  258  on  Plan  No. 
734,  recorded  in  the  registry  of  deeds  for  Hampden  county", 
and  by  inserting  after  the  first  sentence  the  following:  — 
Said  land  is  bounded  and  described  as  follows :  —  North- 
westerly by  Bemis  street,  sixty  feet;  northeasterly  by  lot 
numbered  260,  one  hundred  and  twenty  feet;  southeasterly 
by  lot  numbered  247,  sixty  feet;  and  southwesterly  by  lot 
numbered  256,  one  hundred  and  twenty  feet;  being  lot 
numbered  258  on  a  plan  entitled  "Building  Lots  of  James  H, 
Newton  at  Willimansett,  Chicopee,  Mass."  recorded  with 
the  Hampden  County  Registry  of  Deeds,  Book  of  Plans  1, 
pages  204  and  205,  to  which  plan  and  the  record  thereof 
reference  may  be  had  for  a  more  particular  description. 

Approved  June  27,  1955. 

An  Act  to  set  the  expiration  dates  of  licenses  to  C/iap. 488 

OPERATE    MOTOR    VEHICLES    AND    TO    FIX    THE    FEES    FOR 
SUCH    LICENSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.,   The  first  paragraph  of  section  8  of  chapter  g.  l.  (Xer. 
90  of  the  General  Laws,  as  appearing  in  chapter  284  of  the  ^tti'am^ndfd. 
acts  of  1937,  is  hereby  amended  by  striking  out  the  next  to 
the  last  sentence  and  inserting  in  place  thereof  the  follow- 
ing four  sentences :  —  A  license  or  any  renewal  thereof  issued  •'"^*' f^^ij^- 
to  an  operator  shall  expire  on  the  anniversary  of  the  operator's  date. 
date  of  birth  occurring  more  than  twelve  months  but  not 
more  than  twenty-four  months  after  the  effective  date  of 
such  license.     If  any  such  license  or  the  renewal  thereof  ex- 
pires in  an  even  year,  any  subsequent  renewal  shall  expire 
on  the  next  anniversary  of  the  operator's  date  of  birth  oc- 
curring in  an  even  year.     If  any  such  license  or  renewal 
thereof  expires  in  an  odd  year,  any  subsequent  renewal  shall 
expire  on  the  next  anniversary  of  the  operator's  date  of  birth 
occurring  in  an  odd  year.    The  license  issued  to  an  operator 
born  on  February  twenty-ninth  shall,  for  the  purpose  of  this 
section,  expire  on  March  first. 

Section  2.    Subdivision  (7)  of  section  33  of  said  chapter  G-  l.  (Ter. 
90  is  hereby  amended  by  striking  out  the  fourteenth  para-  etc., 'amended', 
graph  and  inserting  in  place  thereof  the  following  para- 
graph :  — 

For  every  license  to  operate  motor  vehicles,  or  for  the  re-  Foes  for 
newal  thereof,  five  dollars,  less  one  dollar  and  fifty  cents  if  '"''°®^'' 
the  license  period  is  less  than  eighteen  calendar  months. 


408 


Acts,  1955. —  Chaps.  489,  490. 


For  every  renewal  of  any  license  to  operate  motor  vehicles, 
five  dollars,  but  if  the  renewal  period  is  one  full  year  or  less, 
the  fee  shall  be  two  dollars  and  fifty  cents.  No  fee  shall  be 
collected  for  a  license  or  renewal  thereof  restricted  to  the  oper- 
ation of  motor-propelled  fire  apparatus  only. 

Section  3.  This  act  shall  take  effect  on  July  first,  nine- 
teen hundred  and  fifty -seven  and  shall  apply  to  all  operator's 
licenses  and  renewals  thereof  issued  on  or  after  said  date. 

Approved  June  27,  1955. 


ChapAS9  An    Act    authorizing    consolidation    of    state-aided 

HOUSING    PROJECTS    FOR    VETERANS. 


G.  L.  (Ter. 
Ed.),  121, 
§  26NN,  etc., 
amended. 

Consolidation 
of  certain 
veterans' 
housing 
projects. 


Be  it  enacted,  etc.,  as  follows: 

The  first  paragraph  of  section  26NN  of  chapter  121  of 
the  General  Laws,  as  appearing  in  section  2  of  chapter  667 
of  the  acts  of  1954,  is  hereby  amended  by  adding  at  the  end 
the  following  sentence :  —  Notwithstanding  the  requirement 
that  each  project  shall  be  based  upon  a  separate  application 
made  to  the  board,  the  board  may  consolidate  two  or  more 
projects  of  the  same  housing  authority,  for  which  projects 
applications  have  been  seasonably  made  under  this  section 
and  which  projects  shall  have  been  approved  by  the  board, 
into  a  single  project,  and  may  make  on  behalf  of  the  com- 
monwealth a  contract  with  the  housing  authority  for  state 
financial  assistance  in  respect  of  such  consolidated  project 
superseding  any  such  contract  made  in  respect  of  any  of 
the  constituent  projects,  and  may  determine  the  date  of 
completion  of  the  consolidated  project  superseding  any  such 
date  determined  in  respect  of  any  of  the  constituent  projects, 
and  such  consolidated  project  shall  be  contructed,  financed 
and  managed  as  a  single  project;  provided,  that  nothing  con- 
tained in  this  sentence  shall  affect  the  rights  of  the  holders  of 
any  notes  or  bonds  outstanding  in  respect  of  any  of  the  con- 
stitutent  projects  at  the  time  of  such  consolidation. 

Approved  June  27,  1955. 

Chap.AQO  An  Act  to  provide  for  the  certification  and  record- 
ing   OF    EVIDENCE    OF    THE    INCORPORATION    OF    CERTAIN 

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

Chapter  155  of  the  General  Laws  is  hereby  amended  by 
inserting  after  section  2  the  following  section:  —  Section  2 A. 
Any  church  or  cemetery  organization  created  or  organized 
under  the  laws  of  the  commonwealth,  the  evidence  of  the 
corporate  existence  of  which  is  not  on  file  in  the  records  of 
the  department  of  corporations  and  taxation  and  of  the 
state  secretary  by  reason  of  the  destruction  of  records  or  by 
reason  of  the  fact  that  it  was  organized  before  such  record- 
ing was  required,  may  file  such  evidence  with  the  commis- 
sioner. The  evidence  of  corporate  existence  shall  include, 
so  far  as  originals  are  available,  copies  of  agreements  of  asso- 
ciation and  articles  of  organization  or  similar  documents. 


G.  L.  (Ter. 
Ed.),  155. 
new  §  2A, 
added. 

Recording  of 
evidence  of 
incorporation 
of  certain 
corporations. 


Acts,  1955. —  Chaps.  491,  492.  409 

and  a  certificate  executed  by  the  president,  treasurer,  clerk 
and  a  majority  of  the  directors  or  officers  having  the  powers 
of  directors,  setting  forth,  so  far  as  known,  the  historj''  and 
present  status  of  the  corporation  and  its  structure  such  as 
would  have  been  disclosed  by  the  filing  of  the  original  cor- 
poration documents  and  amendments  thereto.  The  com- 
missioner, if  satisfied  of  its  corporate  existence,  shall  endorse 
his  approval  upon  such  copies  of  the  agreement  of  associa- 
tion and  articles  of  organization  or  similar  documents  and 
upon  such  certificate,  and  upon  the  payment  of  a  filing  fee 
of  five  dollars  to  the  state  secretary  they  shall  be  filed  in  the 
office  of  the  state  secretary,  who  shall  issue  a  certificate  of 
incorporation  in  such  form  as  he  shall  determine  dated  as  of 
the  earliest  date  upon  which  such  documents  shall  indicate 
the  corporation  to  have  been  in  existence.  Any  church  or 
cemetery  organization  to  which  a  certificate  of  incorporation 
is  so  issued  shall  thereafter  comply  with  the  provisions  of 
the  general  laws  relating  to  similar  corporations. 

Approved  June  27,  1955. 

An  Act  relative  to  switch  stands  on  railroad  tracks.  Chav  491 
Re  it  enacted,  etc.,  asfolloios: 

Chapter  160  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
inserting  after  section    133,   as  appearing  in   the  Tercen-  ^ew  §  issa, 
tenary    Edition,     the    following    section:  —  Section  755A.  ^dded. 
Every  railroad  corporation  shall  equip  with  proper  lights  or  ^^^0'**^^  ^1'°'^®' 
other  approved  or  commonly  used  devices  all  switch  stands  late'd. 
in  all  yards  owned  and  maintained  by  such  railroad  corpora- 
tion in  which  trains  or  switching  engines  are  generally  oper- 
ated during  the  hours  of  darkness,  except  at  locations  where, 
and  so  long  as,  it  is  specially  exempted  from  so  doing  by  the 
department.    The  provisions  of  this  section  shall  not  be  ap- 
plicable to  switch  stands  or  switches  located  in  interlocking 
signal,  automatic  block  signal  or  centralized  traffic  control 
territory.      A    railroad    corporation    which    unreasonably 
neglects  to  comply  with  this  section  shall,  for  every  such 
neglect,  be  punished  by  a  fine  of  five  dollars. 

Approved  June  27,  1955. 

An  Act  relative  to  liability  of  children  for  support  ChapA92 

OF    parents. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Paragraph  (a)  of  section  8  of  chapter  118D  Sj^|?>f; 
of  the  General  Laws,  as  appearing  in  section  2  of  chapter  §  g",  etc.,    ' 
741  of  the  acts  of  1951,  is  hereby  amended  by  striking  out,  "in^nded. 
in  line  2,  the  words  "fifteen  hundred"  and  inserting  in  place 
thereof  the  words:  —  two  thousand. 

Section  2.    Paragraph  (c)  of  said  section  8,  as  so  appear-  Liability  of 
ing,  is  hereby  amended  by  striking  out,  in  lines  2  and  6,  the  gupponor 
word  "seventeen"  and  inserting  in  place  thereof,  in  each  parents. 
instance,  the  word :  —  twenty-two. 


registered. 


410  Acts,  1955.  —  Chaps.  493,  494. 

Same  subject.  SECTION  3.  Paragraph  (d)  of  said  section  8,  as  so  appear- 
ing, is  hereby  amended  by  striking  out,  in  line  3  and  in 
hnes  5  and  6,  the  word  "twenty-seven"  and  inserting  in 
place  thereof,  in  each  instance,  the  word:  —  thirty-two. 

Approved  June  27,  1955. 

Chap  493  An   Act   relative   to   re-registration    of    registered 

PHYSICAL    therapists    AND    PUBLISHING    A    LIST    OF     CUR- 
RENTLY  REGISTERED    PHYSICAL   THERAPISTS. 

Be  it  enacted,  etc.,  as  follows: 
G^L.cTer.  SECTION  1.     Section  23G  of  chapter  112  of  the  General 

§  23G,  etc.,       Laws,  inserted  by  section  1  of  chapter  656  of  the  acts  of 
amended.         1951,  is  hereby  amended  by  striking  out  the  first  sentence 
and  inserting  in  place  thereof  the  following   sentence:    - 
i^e^registra-       Evcry  registered  physical  therapist  shall,  during  January 
of  every  even  year,  apply  to  the  board  for  a  renewal  of  his 
registration  and  pay  a  fee  of  five  dollars. 
G^L.  (Ter.  SECTION  2.     Scctiou  231  of  Said  chapter  112,  as  so  in- 

§  231,  etc'.,  serted,  is  hereby  amended  by  striking  out  the  fourth  sen- 
amended,  tence  and  inserting  in  place  thereof  the  following  sentence:  — 
The  board  shall,  during  the  month  of  May  in  every  year 
List  of  those  \yi  which  the  renewal  of  registration  is  required,  compile  a 
list  of  the  name  and  address  of  every  registered  physical 
therapist  authorized  to  practice  therapy  in  the  common- 
wealth. 

Section  3.  Notwithstanding  the  provisions  of  sections 
twenty-three  G  and  twenty-three  I  of  chapter  one  hundred 
and  twelve  of  the  General  Laws,  as  amended  by  sections 
one  and  two  of  this  act,  every  registered  physical  therapist 
practicing  on  the  effective  date  of  this  act  may  continue  to 
practice  during  the  term  of  his  registration. 

Approved  June  27,  1955. 

ChapA94:  An  Act  relative  to  the  rights  of  the  spouse  of  a  de- 
ceased member  in  electing  benefits  under  a  certain 
option  of  the  contributory  retirement  law. 

Be  it  enacted,  etc.,  as  follows: 

G.  l.  (Ter.  Subdivisiou  (2)  of  section  12  of  chapter  32  of  the  General 

etc!, 'amended'.    Laws  is  hereby  amended  by  striking  out  option   (d),  as 
most  recently  amended  by  section  1  of  chapter  610  of  the 
acts  of  1952,  and  inserting  in  place  thereof  the  following:  — 
Option  (d).  Option  (d),  Member  Survivor  Allowance. — At  any  time 

a  member,  upon  his  written  notice  on  a  prescribed  form 
filed  with  the  board  prior  to  his  death,  may  nominate  an 
eligible  beneficiary  as  specified  under  option  (c)  who,  if 
such  member  dies  after  attaining  age  fifty-five  and  before 
being  retired,  shall  receive  two  thirds  of  the  yearly  amount 
of  said  option  (c)  allowance  to  which  such  member  would 
have  been  entitled  had  his  retirement  taken  place  on  the 
date  of  his  death.    A  member  may  at  any  time  cancel  the 


Acts,  1955.  —  Chap.  495.  411 

appointment  of  a  beneficiary  nominated  under  this  option 
by  a  written  notice  filed  with  the  board  prior  to  his  death. 
If  such  member  dies  as  a  result  of  an  accident  while  in  the 
performance  of  his  duties,  with  a  resultant  death  benefit  as 
provided  for  in  section  nine,  such  section  shall  govern.  If 
a  member  dies  before  attaining  age  fifty-five  and  before 
being  retired,  the  eligible  beneficiary  shall  receive  two  thirds 
of  the  yearly  amount  of  said  option  (c)  allowance  to  which 
such  member  would  have  been  entitled  had  he  attained 
age  fiftj'-five  at  the  time  of  his  death.  If  a  member  dies 
before  being  retired,  or  within  thirty  days  following  the 
date  his  retirement  became  effective,  without  an  eligible 
beneficiary  nominated  under  either  this  option  or  under 
option  (c)  of  this  section,  and  without  a  beneficiary  other 
than  his  spouse  nominated  under  paragraph  (c)  of  sub- 
division (2)  of  section  eleven,  and  without  having  otherwise 
made  disposition  for  his  accumulated  total  deductions  to 
any  person  other  than  his  spouse,  an  election  may  be  made 
by  his  spouse  to  either  receive  his  accumulated  total  deduc- 
tions in  one  sum  as  a  cash  refund  vnider  said  subdivision 
(2)  of  section  eleven,  or  to  receive  the  member  survivor 
benefits  under  this  option;  provided,  that  said  spouse  and 
the  deceased  member  were  living  together  at  the  time  of  his 
death,  or  that  the  board  finds  that  they  had  been  living 
apart  for  justifiable  cause  other  than  desertion  or  moral 
turpitude  on  the  part  of  the  spouse.  The  board  shall  notify 
the  spouse  of  the  right  of  election  provided  by  this  option 
and  state  the  information  which  the  spouse  must  furnish  in 
order  that  the  board  may  compute  the  survivor  benefits. 
No  election  of  the  form  of  settlement  permitted  under  this 
option  shall  be  valid  unless  it  is  made  on  a  prescribed  form 
filed  with  the  board  within  ninety  days  following  the  date 
that  such  notice  regarding  the  right  of  election  is  mailed  to 
the  spouse.  The  board  shall  also,  as  soon  as  possible  after 
it  has  the  necessary  information,  inform  the  spouse  of  the 
approximate  amount  which  will  be  payable  if  said  spouse 
elects  either  the  member  survivor  benefits  under  this  option 
or  the  cash  refund  under  subdivision  (2)  of  section  eleven. 

Any  eligible  beneficiary  or  spouse  having  a  right  under 
this  option  may,  within  ninety  days  from  the  date  that  the 
board  received  notice  of  the  death  of  the  member,  make 
any  make-up  pavements  which  at  the  time  of  his  death  the 
member  had  a  right  to  make  for  the  purpose  of  obtaining 
credit  for  service  rendered  by  the  member  prior  to  his  be- 
coming a  member.  Approved  June  27,  1955. 

An  Act  to  provide  funds  for  state  activities.         ChavA95 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  to  provide  funds  forthwith  for  preamble, 
state  activities,   therefore  it  is  hereby  declared  to  be  an 
emergency  law,  necessary  for  the  immedate  preservation  of 
the  public  convenience. 


412  Acts,  1955.  —  Chap.  496. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  is  hereby  imposed  an  additional  excise 
on  the  sale  of  alcoholic  beverages  and  alcohol,  other  than 
malt  beverages,  for  the  period  beginning  July  first,  nineteen 
hundred  and  fifty-five,  and  ending  June  thirtieth,  nineteen 
hundred  and  fifty-seven,  as  follows :  — 

For  each  wine  gallon,  or  fractional  part  thereof,  of  still 
wine,  other  than  cider  containing  more  than  three  per  cent 
but  not  more  than  six  per  cent  of  alcohol  as  aforesaid,  in- 
cluding vermouth,  at  the  rate  of  twenty  cents  per  wine 
gallon. 

For  each  wine  gallon,  or  fractional  part  thereof,  of  all 
other  alcoholic  beverages  containing  twenty-four  per  cent 
or  less  of  alcohol  by  volume  at  sixty  degrees  Fahrenheit, 
at  the  rate  of  forty-five  cents  per  wine  gallon. 

For  each  wine  gallon,  or  fractional  part  thereof,  of  all 
other  alcoholic  beverages  containing  more  than  twenty-four 
per  cent  but  not  more  than  fifty  per  cent  of  alcohol  by  volume 
at  sixty  degrees  Fahrenheit,  at  the  rate  of  twenty-five  cents 
per  wine  gallon. 

For  each  proof  gallon,  or  fractional  part  thereof,  of  all 
other  alcoholic  beverages  containing  more  than  fifty  per 
cent  of  alcohol  by  volume  at  sixty  degrees  Fahrenheit  or 
alcohol,  at  the  rate  of  twenty-five  cents  per  proof  gallon. 

Section  2.  This  act  shall  take  effect  on  July  first,  nine- 
teen hundred  and  fifty-five.  Approved  June  28,  1955. 

ChapAQQ  An  Act  in  addition  to  the  general  appropriation  act 

FOR  ININETEEN  hundred  AND  FIFTY-SIX  REAPPROPRIATING 
CERTAIN  BALANCES  OF  APPROPRIATIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  making  available  for 
expenditure  in  the  fiscal  year  nineteen  hundred  and  fifty- 
six  certain  balances  of  appropriations  which  otherwise 
would  revert  on  June  thirtieth,  nineteen  hundred  and  fifty- 
five,  the  unexpended  balances  of  the  items  shown  below 
are  hereby  reappropriated: 


0110-20 

1720-23 

2931-12 

8602-15 

0401-31 

1722-21 

2931-25 

8602-19 

0450-22 

1722-24 

2931-44 

8602-35 

0493-02 

1722-26 

2931-52 

8602-36 

0493-21 

1723-22 

2931-53 

8602-39 

1305-05 

1723-23 

2931-56 

8602-41 

1330-23 

1724-23 

2931-59 

8602-42 

1331-22 

1724-24 

2931-61 

8602-61 

1335-39 

1814-21 

2931-65 

8602-68 

1383-21 

1919-28 

3506-23 

8602-99 

1391-01 

2023-23 

8601-05 

8702-21 

1710-22 

2202-05 

8601-08 

8702-22 

1711-22 

2202-09 

8601-11 

8702-23 

1711-23 

2301-25 

8601-24 

8902-22 

1715-21 

2900-10 

8601-25 

8902-37 

1716-21 

2900-25 

8601-28 

8902-55 

1716-22 

2900-26 

8601-31 

8902-58 

1716-23 

2900-31 

8602-08 

8902-75 

1717-30 

2900-92 

8602-11 

1719-24 

2931-04 

8602-14 

Acts,  1955.  —  Chaps.  497,  498.  413 

Section  2.  For  the  purpose  of  making  available  for 
expenditure  in  the  fiscal  year  nineteen  hundred  and  fifty-six 
certain  balances  of  appropriations  which  otherwise  would 
revert  on  June  thirtieth,  nineteen  hundred  and  fifty-five,  the 
unexpended  balances,  remaining  in  anj'  item  in  which  ap- 
pear the  words  "prior  appropriation  continued"  in  chapters 
four  hundred  and  fifty-three  and  six  hundred  and  eighty- 
seven  of  the  acts  of  nmeteen  hundred  and  fifty-four  and 
chapter  three  hundred  and  seventy-tAvo  of  the  acts  of  nine- 
teen hundred  and  fifty-five,  are  hereby  reappropriated. 

Section  3.  For  the  purpose  of  making  available  for 
expenditure  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  unexpended  balances  of  the  items  shown  below 
are  hereby  made  available  for  expenditure  until  June  thirti- 
eth, nineteen  hundred  and  fifty-seven. 

7918-07       7918-33       7918-50       7918-67 
7918-17       7918-36       7918-56 

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

Approved  June  28,  1955. 

An  Act  authorizing  certain  emergency  expenditures  ChapAd7 
IN  the  fiscal  year  nineteen  hundred  and  fifty-six. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  other  provision  of  law 
to  the  contrary  the  engrossed  bill  making  appropriations 
for  the  fiscal  year  nineteen  hundred  and  fifty-six  for  the 
maintenance  of  departments,  boards,  commissions,  institu- 
tions and  certain  activities  of  the  commonwealth,  for  interest, 
sinking  fund  and  serial  bond  requirements,  and  for  certain 
permanent  improvements  (see  House  Number  2700, 
amended),  shall  be  effective  on  the  passage  of  this  act, 
provided  however,  that  expenditures  thereunder  shall  be 
limited  to  the  amounts  made  available  upon  the  recom- 
mendation of  the  commission  on  administration  and  finance 
with  the  approval  of  the  governor. 

Section  2.  This  act  shall  cease  to  be  operative  upon  the 
enactment  into  law  of  the  general  appropriation  bill  for  the 
fiscal  year  1956  or  on  July  31,  1955,  whichever  is  the  earher, 
and  all  action  taken  under  this  act  shall  apply  against 
said  appropriation  act. 

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

Approved  June  28,  1955. 

An  Act  making  certain  filing  and  other  requirements  C/iap. 498 
inapplicable  to  solicitations  by  certain  organiza- 
tions. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  w^hich  is  to  make  effective  at  once  its  p""®"""*^'^- 


414  Acts,  1955.  — Chap.  499. 

provisions  relative  to  making  certain  filing  and  other  re- 
quirements inapplicable  to  solicitations  by  certain  organiza- 
tions, 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.  The  fifth  paragraph  of  section  17  of  chapter  68  of  the 

§  17,'  etc.,         General  Laws,  as  appearing  in  chapter  559  of  the  acts  of 
amended.  1954,  is  hereby  amended  by  adding  at  the  end  the  following 

Exceptions.  two  sentcnccs :  —  This  section  shall  not  apply  to  sohcita- 
tions  conducted  by  or  on  behalf  of  an  educational  institu- 
tion incorporated  outside  this  commonwealth  which  shall 
have  furnished  to  the  office  of  the  attorney  general  (1)  proof 
that  it  has  been  exempted,  and  is  exempt  at  the  time  of  fur- 
nishing such  proof,  from  federal  income  taxation  by  ruling 
of  the  United  States  Treasury  Department  and  (2)  a  copy 
of  its  most  recent  annual  financial  statement  or  report.  Such 
institution  shall  thereafter  furnish  to  the  office  of  the  at- 
torney general,  upon  request  of  said  office,  proof  that  it  is 
currently  exempt  from  federal  income  taxation,  and,  within 
sixty  days  from  the  time  when  subsequent  annual  financial 
statements  or  reports  are  rendered  to  or  by  such  institution, 
a  copy  of  such  annual  financial  statements  or  reports. 

Approved  June  28,  1955. 

Chap. 4:99  An  Act  authorizing  non-profit  hospital  service  cor- 
porations TO  CONTRACT  WITH  THE  LEMUEL  SHATTUCK 
HOSPITAL    FOR    FURNISHING   HOSPITAL    CARE. 

Emergency  Whevcas,  The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  defeat  its  purposc,  which  is  to  authorize  forthwith  non- 
profit hospital  service  corporations  to  contract  with  the 
Lemuel  Shattuck  Hospital  for  furnishing  hospital  care, 
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. • 

G  L.  (Ter.  Scctiou  1  of  chapter  176A  of  the  General  Laws,  as  most 

§  1,  etc..    '       recently  amended  by  section  1  of  chapter  287  of  the  acts  of 
amended.  1953,  is  hereby  further  amended  by  inserting  after  the  third 

paragraph  the  following  paragraph :  — 

Contracts  Nothing  in  this  section  shall  prevent  any  such  corpora- 

shattuc?"^       tion,  with  the  approval  of  said  commissioner,  from  entering 

hospital  care      '^^^^  coutracts  with  the  Lemuel  Shattuck  Hospital  whereby 

authorized.  '     in  Consideration  of  a  contract  fee,  said  hospital  shall  provide 

such  hospitalization  as  would  be  provided  in  participating 

hospitals  under  contracts  with  subscribers  subject  to  such 

restrictions  as  to  nature  of  disease  and  length  of  stay  as  may 

be  specified  from  time  to  time  in  said  contracts. 

Approved  June  28,  1955. 


Acts,  1955. —  Chaps.  500,  501.  415 


An  Act  designating  the  bates  avenue  bridge  to  be  Chap.5(){) 

CONSTRUCTED  IN  CONNECTION  WITH  THE  SOUTHEAST  EX- 
PRESSWAY AS  THE  LIEUTENANT  EDMUND  J.  o'CONNELL 
BRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Bates  avenue  bridge  to  be  constructed 
in  connection  with  the  Southeast  Expressway  shall  be  known 
and  designated  as  the  Lieutenant  Edmund  J.  O'Connell 
Bridge,  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  June  28,  1955. 

An  Act  relative  to  retirement  benefits  for  certain  C7za7;.501 

RETIRED  OR  RETIRING  OFFICERS  AND  EMPLOYEES  OF  SAV- 
INGS  BANKS. 

Be  it  enacted,  etc.,  as  follows: 

Any  savings  bank  which  is  or  may  become  a  member  of 
the  Savings  Banks  Employees  Retirement  Association,  es- 
tablished under  section  fifty-eight  of  chapter  one  hundred 
and  sixty-eight  of  the  General  Laws,  or  any  such  bank  which 
maintains  a  pension  plan  approved  by  the  commissioner  of 
banks  under  chapter  two  hundred  and  eighty-three  of  the 
acts  of  nineteen  hundred  and  forty-eight,  may  pay  to  any 
officer  or  employee  retired  by  such  bank,  between  Novem- 
ber first,  nineteen  hundred  and  fifty-four  and  December 
thirtj^'-first,  nineteen  hundred  and  sixty-five,  after  attaining 
sixty-five  years  of  age,  and  who,  at  the  time  of  his  retire- 
ment, shall  have  been  in  the  employ  of  such  bank  for  a 
period  of  fifteen  years  or  more,  a  retirement  benefit,  in 
monthly  or  other  periodic  instalments,  at  an  annual  rate 
not  exceeding  in  any  one  year  the  difference  obtained  by 
subtracting  (a)  the  aggregate  total  for  such  year  of  his  social 
security  benefits  and  of  his  annuity  or  pension  provided  by 
contributions  paid  by  such  bank  into  said  retirement  asso- 
ciation or  under  any  such  pension  plan,  from  (h)  an  amount 
equal  to  two  per  cent  of  his  average  salary  for  the  five  years 
preceding  the  date  of  retirement  for  each  year  of  service  not 
exceeding  twenty-five  years;  provided,  that  the  combined 
total  of  such  difference,  and  of  such  annuity  or  pension  re- 
ferred to  in  clause  (a)  above,  received  in  any  one  year  by 
any  such  officer  or  employee  shall  not  exceed  the  annual 
rate  of  seven  thousand  five  hundred  dollars.  No  payment 
under  this  act  shall  be  retroactive  and  no  retirement  benefit 
shall  bo  paid  hereunder  to  any  person  retiring  after  Decem- 
ber thirty-first,  nineteen  hundred  and  sixty-five. 

Approved  June  28,  1955. 


416  Acts,  1955. —Chaps.  502,  503,  504. 

Chap. d02  An  Act  authorizing  and  directing  the  department  of 

PUBLIC   WORKS   TO    DO    CERTAIN  "WORK   ALONG   THE    LITTLE 
RIVER  AND  WESTFIELD  RIVER  IN  THE  CITY  OF  WESTFIELD. 

Be  it  enacted,  etc.,  as  follows. ■ 

The  department  of  public  works  is  hereby  authorized  and 
directed  to  expend  whatever  sums  that  may  be  unexpended 
from  the  appropriation  made  by  item  8654-28  of  section 
two  of  chapter  six  hundred  and  sixt}'^  of  the  acts  of  nineteen 
hundred  and  fifty-three  for  the  purpose  of  channel  improve- 
ments, bank  revetment  and  such  other  work  as  the  depart- 
ment deems  necessary  or  advisable  along  the  Little  river  on 
South  street  and  along  the  Westfield  river  on  Main  street 
in  the  city  of  Westfield.  Approved  June  28,  1955. 

Chap. 503  An  Act  regulating  the  hours  during  which  certain 

CHILDREN  MAY  ENGAGE  IN  STREET  TRADES. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'  149 '^'  Section  73  of  chapter  149  of  the  General  Laws,  as  amended 

§73.' etc.;         by  section  8  of  chapter  461  of  the  acts  of  1939,  is  hereby 

amended.  further  amended  by  striking  out,  in  line  3,  the  word  "nine" 

and  inserting  in  place  thereof  the  word :  —  eight,  —  and  by 

striking  out,  in  line  4,  the  word  "five"  and  inserting  in  place 

thereof  the  word:  —  six.  Approved  June  28,  1955. 

Chap. 504:  An  Act  relative  to  the  use  of  a  site  on  mount  grey- 

LOCK  FOR  television  BROADCASTING  AND  REBROADCAST- 
ING  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1  of  chapter  636  of  the  acts  of  19.51  is  hereby 
amended  by  inserting  after  the  word  "fee",  in  line  7,  the 
words:  —  to  be  paid  to  the  treasurer  of  the  county  of  Berk- 
shire, —  so  as  to  read  as  follows :  —  Section  1 .  The  Grey- 
lock  reservation  commission  is  hereby  authorized,  subject  to 
the  approval  of  the  governor,  to  grant  the  use  of  a  site  on 
Mount  Greylock  for  television  broadcasting  and  rebroad- 
casting  purposes;  provided,  however,  that  before  said  use 
is  granted  the  user  of  the  site  shall  enter  into  a  binding 
agreement  with  said  commission  whereby  all  costs,  including 
a  fair  rental  fee  to  be  paid  to  the  treasurer  of  the  county  of 
Berkshire,  and  liabilities  shall  be  borne  by  the  user;  and 
provided,  further,  that  all  costs  in  connection  with  the  com- 
plete prevention  of  interference  with  communications  sys- 
tems of  the  commonwealth  presently  installed  shall  be 
borne  by  the  user;  and  provided,  further,  that  any  buildings 
or  other  equipment  erected  thereon  or  used  in  connection 
therewith  shall  be  so  constructed  so  as  to  preserve  the 
natural  beauties  of  the  site.  Approved  June  28,  1955. 


Acts,  1955.  —  Chaps.  505,  506.  417 


An  Act  relative  to  notice  to  owners  of  private  prop-  Chap. 505 

ERTY  of  injuries  RESULTING  FROM  SNOW  AND  ICE. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  21  of  chapter  84  of  the  General  Laws,  as  appear-  o.  l.  (Ter. 
ing  in  the  Tercentenarj''  Edition,   is  hereby  amended  by  §^21,'  **' 
striking  out,  in  lines  2  to  5,  inclusive,  the  words  "or  ice,  "mended, 
shall  apph''  to  actions  against  persons  founded  upon  the 
defective  condition  of  their  premises,  or  of  adjoining  ways, 
when  caused  by  or  consisting  in  part  of  snow  or  ice"  and 
inserting   in   place   thereof   the   following:  —  or   ice.    shall  Notice  to 
apply  to  actions  against  persons  founded  upon  the  defective  private" 
condition  of  their  premises,   or  of  adjoining  ways,   when  P''°p«'"*'y- 
caused  by  or  consisting  in  part  of  snow  or  ice  resulting  from 
rain  or  snow  and  weather  conditions. 

Approved  June  28,  19o5. 


An  Act  further  amending  the  law  relative  to  the  C/ia2?.506 

WEEKLY  PAYMENT  OF  WAGES. 

/>e  it  enacted,  etc.,  as  follows: 

Section  148  of  chapter  149  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  the  first  paragraph,  as  appearing  f  i48,^et^c., 
in  chapter  160  of  the  acts  of  1936,  and  inserting  in  place  amended, 
thereof  the  following  paragraph:  —  Every  person  having  weekly  pay- 
employees  in  his  service  shall  pay  weekly  each  such  employee  ^^gea"^ 
the  wages  earned  by  him  to  within  six  days  of  the  date  of 
said  payment  if  employed  for  five  or  six  days  in  the  week, 
or  to  within  seven  days  of  the  date  of  said  payment  if  em- 
ployed seven  da5^s  in  the  week,  or,  in  the  case  of  an  employee 
who  has  worked  for  a  period  of  less  than  five  days,  herein- 
after called  a  casual  emploj^ee,  shall,  within  seven  days 
after  the  termination  of  such  period,  pay  the  wages  earned 
by  such  casual  employee  during  such  period;  but  any  em- 
ployee leaving  his  employment  shall  be  paid  in  full  on  the 
followmg  regular  pay  day,  and,  in  the  absence  of  a  regular 
pay  day,  on  the  following  Saturday;  and  any  employee  dis- 
charged from  such  employment  .shall  be  paid  in  full  on  the 
day  of  his  discharge,  or  in  Boston  as  soon  as  the  laws  re- 
quiring pay  rolls,  bills  and  accounts  to  be  certified  .shall  have 
been  complied  with;  and  the  commonwealth,  its  depart- 
ments, officers,  boards  and  commissions  .shall  so  pay  every 
mechanic,  workman  and  laborer  employed  by  it  or  them, 
and  every  person  employed  in  any  other  capacity  by  it  or 
them  in  any  penal  or  charitable  institution,  and  every 
county  and  city  shall  so  pay  every  employee  engaged  in  its 
business  the  wages  or  salaiy  earned  by  him,  unless  such 
mechanic,  workman,  laborer  or  employee  requests  in  writing 
to  be  paid  in  a  different  manner;  and  every  town  shall  so 
pay  each  employee  engaged  in  its  business  if  so  required  by 
him ;  but  an  emploj^ee  absent  from  his  regular  place  of  labor 
at  a  time  fixed  for  payment  shall  be  paid  thereafter  on  de- 


418  Acts,  1955.  —  Chap.  507. 

mand;  provided,  however,  that  the  department  of  pubhc 
utiHties,  after  hearing,  may  authorize  a  railroad  corporation 
or  a  parlor  or  sleeping  car  corporation  to  pay  the  wages  of 
any  of  its  employees  less  frequently  than  weekly,  if  such  em- 
ployees prefer  less  frequent  payments,  and  if  their  interests 
and  the  interests  of  the  public  will  not  suffer  therebj^;  and 
provided,  further,  that  emplo3''ees  engaged  in  a  bona  fide 
executive,  administrative  or  professional  capacity  as  de- 
termined by  the  commissioner  may  be  paid  bi-weekly  or 
semi-monthly  unless  such  employee  elects  at  his  own  option 
to  be  paid  monthly;  and  provided,  further,  that  employees 
engaged  in  agricultural  work  or  in  domestic  service  may  be 
paid  their  wages  monthly;  in  either  case,  however,  failure 
by  a  railroad  corporation  or  a  parlor  or  sleeping  car  corpora- 
tion to  pay  its  employees  their  wages  as  authorized  by  the 
said  department,  or  by  an  employer  of  emplo3''ees  engaged 
in  agricultural  work  or  in  domestic  service  to  pay  monthly 
the  wages  of  his  or  her  employees,  shall  be  deemed  a  viola- 
tion of  this  section.  Approved  June  28,  1955. 

Chap. 507  An  Act  relative  to  licenses  to  operate  motor  vehicles 

ISSUED    TO    PERSONS    SERVING    IN    THE    ARMED     FORCES    OF 
THE   UNITED   STATES. 

Emergency  Whereas,  The  deferred  operation  of  this  act  would  tend 

preamble.  .'  ,   .    ,     .      .  •  i       (•        i       •   i 

to  defeat  its  purpose,  which  is  m  part  to  provide  forthwith 
for  the  continuance  in  effect  of  licenses  to  operate  motor 
vehicles  issued  to  persons  serving  in  the  armed  forces  of  the 
United  States,  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  23 A  of  chapter  708  of  the  acts  of  1941,  inserted 
by  section  51  of  chapter  627  of  the  acts  of  1954,  is  hereby 
amended  by  striking  out,  in  lines  7  and  8,  the  words  "or 
until  July  first,  nineteen  hundred  and  fifty-five,  whichever 
first  occurs", — and  by  striking  out,  in  line  21,  the  word 
"apphcation"  and  inserting  in  place  thereof  the  word:  — 
fee,  —  so  as  to  read  as  follows:  —  Section  23 A.  Any  license 
to  operate  motor  vehicles  issued  under  section  eight  of  chap- 
ter ninety  of  the  General  Laws  which  by  its  terms  has  ex- 
pired or  shall  expire  during  the  active  service  of  the  holder 
thereof  in  the  armed  forces  of  the  United  States,  shall  con- 
tinue in  force  as  a  valid  license  until  the  expiration  of  sixty 
days  after  the  termination  of  such  service  by  honorable 
discharge  or  release,  subject  to  all  other  provisions  of  said 
chapter  ninety  relative  to  such  license. 

The  holder  of  a  license  continued  in  force  as  aforesaid 
shall,  while  operating  a  motor  vehicle,  carry  upon  his  person 
the  license  issued  to  him  which  was  valid  at  the  time  of  his 
entry  into  the  armed  forces,  or  his  renewal  license  if  it  was 
renewed  during  such  service,  and  shall  also  carry  upon  his 


Acts,  1955.  —  Chaps.  508,  509.  419 

person  conclusive  evidence  that  he  is  actively  serving  in  said 
armed  forces  or  that  he  has  terminated  such  service  within 
a  period  of  sixty  days. 

If  the  Hcense  of  such  person  is  lost  or  mutilated,  a  duplicate 
thereof  shall  be  furnished  by  the  registrar  of  motor  vehicles 
without  fee  and  upon  presentation  of  the  evidence  aforesaid. 

This  section  shall  be  inoperative  with  respect  to  any  per- 
son who  is  hospitalized  or  who  has  been  discharged  or  re- 
leased from  the  armed  forces  of  the  United  States  because  of 
a  disability,  unless  the  license  of  such  person  is  certified  as 
valid  by  said  registrar.  Approved  June  29,  1955. 

An  Act  authorizing  the  department  of  natural  re-  C hap. 50S 

SOURCES  TO  GRANT  TO  THE  CITY  OF  SPRINGFIELD  AN  EASE- 
MENT IN  ROBINSON  STATE  PARK  IN  THE  TOWN  OF  AGAWAM 
FOR  THE  PURPOSE  OF  CONSTRUCTING  AND  MAINTAINING 
WATER   MAINS. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  natural  resources  is  hereby  authorized 
to  grant  to  the  city  of  Springfield  a  perpetual  easement  in 
the  Robinson  State  Park  situated  in  the  town  of  Agawam 
for  the  purposes  of  constructing  and  maintaining  and  keep- 
ing in  proper  care  by  the  city  of  Springfield  certain  water 
mains  which  are  to  be  placed  in  the  Robinson  State  Park  for 
the  purpose  of  conveying  water  to  the  city  of  Springfield. 
Said  easement  shall  be  subject  to  an  agreement  that  the  city 
of  Springfield  will  provide  free  of  charge  to  the  department 
an  amount  of  water  not  to  exceed  three  hundred  and  fifty 
thousand  cubic  feet  annually  for  a  period  of  five  years,  and 
thereafter  the  commonwealth  shall  pay  for  such  water  as 
may  be  suppHed  to  it  by  said  city  for  use  in  said  park  at  the 
prevailing  rate.  Approved  June  29,  1955. 

An  Act  relative  to  deer  damage.  Chap. 509 

Be  it  enacted,  etc.,  as  follows: 

Chapter  131  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  8.3  and  inserting  in  place  thereof  the  fol-  f  83;et^cl' 
lowing  new  section:  —  Section  S3.    Whoever  suffers  loss  by  amended. 
the  eating,  browsing  or  trampling  of  his  fruit  or  ornamental  ^-'J^?^^  ^° 
trees,  vegetables,  produce  or  crops  by  deer  or  moose  may  property  by- 
notify  the  director  of  law  enforcement  of  said  damage,  de-  ''''®'■• 
daring  the  amount  of  damage  as  nearly  as  he  can  determine 
the  same.     The  director,  within  fifteen  days  after  receiving 
such  notice,  shall  determine  whether  the  damage  was  in- 
flicted by  such  deer  or  moose,  and,  if  so.  he  shall  at  once 
proceed  to  have  an  appraisal  made  under  oath  by  three  per- 
sons, one  of  whom  shall  be  designated  b}'-  the  owner  of  the 
damaged  property,  one  by  the  director,  and  the  third  by 
the  trustees  for  county  aid  to  agriculture  or  of  the  county 
agricultural  school  of  the  county  in  which  the  damage  oc- 


420  Acts,  1955.  —  Chap.  510. 

curred;  provided,  however,  that  if  the  amount  of  the  dam- 
age so  declared  does  not  exceed  twenty  dollars,  the  director 
may  designate  an  agent  to  make  an  appraisal.  Within  ten 
days  after  such  appraisal  is  made,  the  appraiser  designated 
by  the  director  as  aforesaid  shall  return  to  the  director  a 
certificate  of  the  damages,  fixed  by  such  appraisal.  The 
director  shall,  within  thirty  days  after  receiving  such  certifi- 
cate, if  he  finds  the  claim  to  be  just  and  the  appraisal  cor- 
rect, endorse  his  approval  thereon  and  transmit  the  same, 
with  the  cost  of  appraisal  added,  to  the  comptroller,  and  the 
amount  so  certified  shall  be  paid  by  the  commonwealth; 
provided,  that  if  any  doubt  exists,  the  director  may  summon 
the  appraisers  and  all  parties  interested  and  make  such  ex- 
amination as  he  thinks  proper,  and  may  cause  the  appraisers 
to  review  their  appraisal,  or  cause  a  new  appraisal  or  ap- 
praisals to  be  made  as  aforesaid  by  other  appraisers  desig- 
nated and  proceeding  in  the  same  manner.  Each  appraiser, 
except  when  a  paid  official  or  employee  of  the  commonwealth 
or  of  a  county,  shall  receive  compensation  from  the  com- 
monwealth at  the  rate  of  one  dollar  and  twenty-five  cents 
per  hour  for  not  more  than  eight  hours  in  any  one  day  while 
acting  as  such,  and  each  appraiser  shall  be  reimbursed  for 
his  necessary  expenses  incurred  bj''  him  while  acting  as  such 
at  the  prevailing  rate  paid  by  the  commonwealth. 

Any  tree  appraised  in  the  manner  above  referred  to  as 
having  been  totally  damaged,  and  for  which  compensation 
has  been  paid  by  the  commonwealth  under  this  section,  may 
thereafter  be  removed  by  the  director  without  further  com- 
pensation therefor,  or  the  director  may  mark  or  cause  to  be 
marked  in  a  suitable  manner  trees  for  which  compensation 
has  been  paid.  No  compensation  for  damage  shall  be  paid 
under  this  section  to  any  owner  or  lessee  of  land  if  such 
owner  or  lessee  has,  within  one  year  prior  to  the  damage 
claim,  posted  said  land,  other  than  an  orchard  or  that  por- 
tion of  the  land  immediately  surrounding  his  house,  barn  or 
other  outbuildings,  to  prevent  the  hunting  of  deer. 

Approved  June  29,  1955. 

Chap.510  An  Act  increasing  the  amount  of  money  which  the 

CITY  OF  NEW  BEDFORD  MAY  APPROPRIATE  FOR  THE  PRO- 
MOTION AND  DEVELOPMENT  OF  THE  INDUSTRIAL  RESOURCES 
OF   SAID    CITY. 

He  it  enacted,  etc.,  as  follows: 

Section  1.  Section  1  of  chapter  736  of  the  acts  of  1949, 
as  amended  by  chapter  216  of  the  acts  of  1952,  is  hereby 
further  amended  by  striking  out,  in  line  5,  the  word  ''thirty" 
and  inserting  in  place  thereof  the  word:  —  fifty. 

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

Approved  July  5,  1955. 


Acts,  1955. —  Chaps.  511,  512.  421 


An  Act  authorizing  the  town  of  Lexington  to  sell  Chap. 511 

WATER  to  the  BURLINGTON  WATER  DISTRICT,  AND  AU- 
THORIZING SAID  DISTRICT  TO  PURCHASE  WATER  FROM  SAID 
TOWN. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  town  of  Lexington  may  furnish  and  sell 
water  to  the  Burlington  Water  District,  which  is  hereby  au- 
thorized to  purchase  water  so  sold.  Water  so  furnished  and 
sold  shall  be  at  a  rate  or  rates  to  be  mutually  agreed  upon 
between  said  town  and  said  district  acting  by  the  selectmen 
of  the  town  of  Lexington  and  the  commissioners  of  the 
Burlington  Water  District.  In  case  of  such  sale,  the  Burl- 
ington Water  District  may,  at  its  own  expense,  make  such 
extensions  of  its  water  mains  and  such  installation  of  other 
facilities  and  equipment  within  the  limits  of  the  town  of 
Burlington  as  may  be  necessary  for  the  purposes  of  this  act. 

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

Approved  Jubj  5,  1955. 

An  Act  authorizing  the  town  of  longmeadow  to  convey  Chap. 512 
ITS  interest  in  a  portion  of  the  land  known  AS  green- 
wood  PARK  in   exchange   FOR   CERTAIN   OTHER  LAND. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  The  town  of  Longmeadow  is  hereby  author- 
ized to  convey  to  Adolfo  and  Alfonsina  Guidetti  its  interest 
in  a  portion  of  certain  land  in  said  town  known  as  Green- 
wood Park,  bounded  and  described  as  follows:  — 

Beginning  at  a  point  in  the  southerly  line  of  Maple  road 
one  hundred  twelve  and  50/100  (112.50)  feet  westerly  of  a 
stone  bound  at  an  angle  in  said  southerly  line,  said  stone 
bound  also  marking  the  northwest  corner  of  land  registered 
in  the  name  of  Catherine  A.  Fallon  and  described  in  cer- 
tificate of  Title  #  1628  in  the  Land  Registration  Office  of  the 
Registry  District  of  Hampden  County,  being  shown  on  Land 
Court  Plan  12578A  accompanying  said  certificate,  and  run- 
ning thence  S  0°  U'  55"  E  along  other  land  of  the  town  of 
Longmeadow  two  hundred  (200.00)  feet  to  a  point;  running 
thence  N.  89°  41'  10"  E  along  other  land  of  Adolfo  and 
Alfonsina  Guidetti  thirty-seven  and  50/100  (37.50)  feet  to  a 
point;  running  thence  N.  0°  11'  55"  W  along  other  land  of 
said  Guidetti  two  hundred  (200)  feet  to  jNIaple  road;  running 
thence  S.  89°  41'  10"  W.  along  IMaple  road  to  the  place  of 
beginning,  containing  about  seven  thousand  four  hundred 
ninety-four  (7,494)  square  feet  of  land,  in  exchange  for  a 
conveyance  by  said  Adolfo  and  Alfonsina  Guidetti  to  said 
town  of  certain  other  land  adjoining  said  Greenwood  Park, 
bounded  and  described  as  follows:  — 

Beginning  at  a  point  in  the  southwesterly  corner  of  the 
land  to  be  conveyed  to  Adolfo  and  Alfonsina  Guidetti  by  the 
town  of  Longmeadow,  said  point  being  S  0°  11'  55"  E  two 


422  Acts,  1955.  —  Chap.  513. 

hundred  (200)  feet  from  the  southerly  line  of  Maple  road, 
and  running  thence  S.  89°  41'  10"  W  along  land  of  the  town 
of  Longmeadow  thirty-seven  and  50/100  (37.50)  feet  to  a 
point;  running  thence  S  0°  11'  55"  E  along  said  land  of  the 
town  of  Longmeadow  one  hundred  fifty  (150)  feet  to  a  point; 
running  thence  N.  89°  41'  10"  E  along  said  land  of  the  town 
of  Longmeadow  thirty-seven  and  50/100  (37.50)  feet  to  a 
point;  running  thence  N.  0°  11'  55"  W  along  other  land  of 
Adolfo  and  Alf onsina  Guidetti  to  the  place  of  beginning,  con- 
taining about  five  thousand  six  hundred  twenty-five  (5,625) 
square  feet  of  land.  The  land  so  conveyed  to  said  town  shall 
be  held  by  the  town  for  the  purposes  of  a  public  playground 
and  recreation  center. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance bj''  a  majority  of  the  voters  of  the  town  of  Long- 
meadow present  and  voting  thereon  at  any  special  or  regular 
town  meeting. 

Section  3.  Action  taken  by  the  special  town  meeting  in 
the  town  of  Longmeadow  held  on  June  twenty-first,  nineteen 
hundred  and  fifty-five  on  the  question  of  acceptance  of  this 
act  shall  be  as  valid  and  effective  as  though  said  act  had 
been  in  full  force  and  effect  at  the  time  of  the  posting  of  the 
warrant  for  said  meeting.  Approved  July  5,  1955. 

Chap. 513  An  Act  authorizing  the  commissioner  of  mental  health 

TO    SELL    certain    PROPERTY    OF    THE    COMMONWEALTH   IN 
THE   TOWN    OF   BELMONT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  approval  of  the  governor  and 
council,  the  commissioner  of  mental  health,  in  the  name  and 
on  behalf  of  the  commonwealth,  is  hereby  authorized  to  sell 
and  convey  to  the  inhabitants  of  the  town  of  Belmont  for 
the  purpose  of  constructing  an  incinerator  for  the  use  of  the 
inhabitants  of  said  town,  for  the  consideration  of  one  dollar 
and  other  valuable  considerations,  a  certain  parcel  of  land 
containing  fifteen  and  six  hundred  twenty-seven  one  thou- 
sandths (15.627)  acres  situated  in  the  town  of  Belmont  and 
bounded  and  described  as  follows :  —  Beginning  at  a  point  in 
the  southwesterly  line  of  Concord  avenue,  distant  one 
thousand  six  hundred  eighty-five  (1,685)  feet  from  the 
Lexington  town  line;  thence  running  along  Concord  avenue 
to  the  property  line  of  the  Massachusetts  General  Hospital, 
six  hundred  thirty-four  and  eighty-five  one  hundredths 
(634.85)  feet;  thence  turning  and  running  southerly  by  land 
of  said  Massachusetts  General  Hospital,  four  hundred 
sixty-one  and  fortj'^-five  one  hundredths  (461.45)  feet; 
thence  turning  and  running  southwesterly  but  more  westerly 
across  Clematis  brook  to  the  middle  fine  of  Beaver  brook, 
five  hundred  sixty-six  and  ninety  one  hundredths  (566.90) 
feet;  thence  turning  and  running  southeasterly  but  more 
southerl.y  by  the  middle  line  of  said  Beaver  brook  to  the 
Waltham   town   line,   two  hundred  thirty-four  and  eighty 


Acts,  1955. —  Chap.  514.  423 

one  hundredths  (234.80)  feet;  thence  turning  and  run- 
ning northwesterly  along  the  Waltham  town  line,  six  hun- 
dred thirteen  and  fifty-five  one  hundredths  (613.55)  feet 
to  a  point  marked  by  a  stone  bound;  thence  turning  and 
running  northeasterly  one  thousand  one  hundred  ten  and 
forty-one  one  hundredths  (1,110.41)  feet,  to  the  point  of 
beginning;  being  the  parcel  of  land  shown  on  a  plan  entitled 
''Plan  of  land  in  Belmont,  Mass.  Scale  1  inch  =  150  feet, 
dated  iVpril  29,  1955  by  Joseph  W.  Kales,  Town  Engineer" 
on  file  in  the  town  clerk's  office  in  the  town  of  Belmont  and 
to  be  recorded  mth  Middlesex  south  district  registrj'^  of 
deeds. 

Section  2.  Said  sale  and  conversance  shall  be  subject 
to  the  condition  that  the  institutions  under  the  jurisdiction 
of  the  department  of  mental  health  in  the  area  shall,  if 
necessary,  be  permitted  to  dispose  of  not  more  than  two  loads 
of  refuse  per  day  free  of  charge  at  the  incinerator,  to  such 
easements  as  may  be  necessary  for  drainage  or  otherwdse,  and 
to  such  other  conditions  as  may  seem  advisable  to  the  com- 
missioner, to  be  set  forth  in  the  deed. 

Section  3.  The  commissioner  shall,  in  the  name  and  be- 
half of  the  commonwealth,  execute  and  deliver  a  good  and 
sufficient  deed  to  conve}^  said  land  under  this  act,  and  upon 
the  express  condition  that  said  incinerator  and  fence  be  con- 
structed by  the  town  on  or  before  July  thirty-first,  nineteen 
hundred  and  fifty-nine;  and  further  provided,  that  owner- 
ship of  said  land  shall  revert  to  and  revest  in  the  common- 
wealth whenever  such  area  shall  cease  to  be  used  for  the 
purposes  set  forth  in  section  one. 

Section  4.  This  act  shall  take  full  effect  upon  its  accept- 
ance by  a  majority  of  the  town  meeting  members  of  the 
town  of  Belmont,  present  and  voting  thereon  at  an  annual  or 
special  town  meeting  called  for  the  purpose. 

Approved  July  5,  1955. 

An  Act  relative  to  the  powebs  and  duties  of  the  board  Qhav  514 
OF  education. 

Be  it  enacted,  etc.,  as  follows: 

Section  4  of  chapter  15  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  the  third  sentence,  as  amended  by  ^tc'^'am^nded 
section  1  of  chapter  514  of  the  acts  of  1954,  and  inserting  in 
place  thereof  the  following  sentence :  —  In  the  department  Division  of 
there  shall  be  a  division  of  library  extension,  a  division  of  catfon'an"*'^' 
immigration  and  Americanization,  a  division  of  the  blind,  a  p'^kPI'^^j 

,..."»,  ,  ',  ,  .  ,.     .    .'         estabushed. 

division  01  elementary  and  secondary  education,  a  division 
of  teachers  colleges,  a  division  of  university  extension,  a 
division  of  research  and  statistics,  a  division  of  vocational 
education,  a  division  of  vocational  rehabilitation,  a  division 
of  special  education,  and  a  di\'ision  of  teacher  certification 
and  placement.  Approved  July  5,  1955. 


424 


Acts,  1955.  —  Chap.  515. 


G.  L.  (Ter. 
Ed.),  94, 
I  152A,  etc. 
amended. 


Definitions. 


G.  L.  (Ter. 
Ed.),  94, 
§§  152E,  152F 
and  152G, 
added. 

Form  of  con- 
tract to  be 
approved  by 
commissioner. 


Chap. 515  A.N  Act  clarifying  the  poultry  bonding  law  to  make 

THE  PROTECTION  OFFERED  THEREUNDER  APPLICABLE  ONLY 
TO   POULTRY    PRODUCERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  152 A  of  chapter  94  of  the  General 
Laws,  as  most  recently  amended  by  section  1  of  chapter  446 
of  the  acts  of  1949,  is  hereby  further  amended  by  adding  the 
following  two  paragraphs :  — 

The  words  "poultry  sold  or  used  for  food"  as  used  in  this 
section  are  hereby  defined  to  mean  poultry  raised  to  a 
marketable  weight  for  meat  purposes. 

The  word  "producer"  as  used  in  this  section  means  a  per- 
son who  raises  poultry  on  land  situated  within  the  common- 
wealth. 

Section  2.  Said  chapter  94  is  hereby  further  amended 
by  inserting  after  section  152D,  inserted  by  section  2  of 
said  chapter  446,  the  following  three  sections :  —  Sec- 
tion 152E.  Any  person,  including  a  merchant,  who  con- 
tracts with  a  producer,  both  as  defined  in  section  one  hun- 
dred and  fifty-two  A,  for  the  raising  and  delivery  of  poultry 
whereby  the  producer  shall,  upon  delivery  of  such  poultry, 
receive  a  payment  for  the  raising  of  such  poultry,  be  subject 
to  the  provisions  of  sections  one  hundred  and  fifty-two  A 
and  one  hundred  and  fifty-two  D,  and  any  contract  made 
under  this  section  shall  be  in  a  form  approved  by  the  com- 
missioner of  agriculture. 

Section  152F.  The  commissioner  may  determine  in  all 
cases  the  applicability  of  the  provisions  of  sections  one  hun- 
dred and  fifty-two  A  to  one  hundred  and  fifty-two  G,  in- 
clusive, and  may  utilize  the  security  or  bonds  solely  in 
protection  of  the  poultry  producers  including  contractual 
producers,  but  excluding  any  interest  of  feed  manufacturers 
or  dealers,  hatchery  or  other  parties  in  interest  deemed  by 
him  not  to  fall  within  the  purview  of  the  meaning  of  said 
sections. 

"Contractual  producers"  shall  mean  poultry  producers 
who  raise  poultry  for  meat  under  contract  with  the  ultimate 
purchaser. 

Section  152G.  The  commissioner  or  his  duly  authorized 
assistant  may  investigate  the  financial  standing  and  past 
conduct  of  any  person  applying  for  or  holding  a  license  un- 
der section  one  hundred  and  fifty-two  A  or  any  transaction 
by  him  in  connection  with  the  operation  of  a  poultr}^  plant 
or  business  and  in  such  investigation  may  examine  the  books 
of  account  or  other  documents  or  records  of  any  applicant 
or  licensee,  and  may  take  testimony  therein  under  oath; 
but  information  relating  to  the  general  business  of  any  ap- 
phcant  or  licensee  disclosed  by  such  investigation  and  not 
relating  to  the  purposes  of  this  section  shall  be  treated  by 
the  commissioner  as  confidential.     Approved  Jidy  5,  1955. 


Commissioner 
to  determine 
applicability 
of  sections. 


Commissioner, 
etc.,  may 
investigate 
financial 
standing  of 
applicants 
for  licenses. 


Acts,  1955.  —  Chaps.  516,  517,  518.  425 


An  Act  authorizing  the  city  of  peabody  to  grant  an  Chav.516 

EASEMENT  OVER  CERTAIN  PARK  PROPERTY. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  city  of  Peabody,  acting  by  its  mayor, 
may,  upon  recommendation  of  the  board  of  park  com- 
missioners of  said  city,  grant  to  Essex  County  Electric 
Companj^,  an  easement  for  the  construction,  maintenance 
and  operation  of  poles  and  wires  for  the  transmission  of 
electricity  on,  over  and  across  a  portion  of  the  Horace  P. 
Farnham  park,  a  playground  in  said  city,  the  location  of 
such  poles  and  wires  to  be  approximately  in  the  area  where 
the  poles  and  wires  of  the  municipal  light  commission  of  said 
city  are  now  located  on  and  over  said  park  land. 

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

Approved  July  6,  1955. 

An  Act  authorizing  the  county  of  Suffolk  to  pay  a  (J^ku)  ^\7 

pension   to   WILLIAM   J.    BRICKLEY. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  For  the  purpose  of  promoting  the  public 
good,  the  county  of  Suffolk  is  hereby  authorized  to  pay  to 
William  J.  Brickley,  medical  examiner  for  Suffolk  county, 
northern  district,  who  served  the  city  of  Boston  and  the 
county  of  Suffolk  faithfully  and  efficiently  for  thirty-five 
years,  upon  his  retirement  a  pension  equal  to  one  half  of 
the  amount  of  his  salary  at  the  time  of  his  retirement,  the 
same  to  be  paid  in  equal  monthly  instalments. 

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

Approved  July  5,  1955. 

An  Act  providing  for  the  maintenance  by  the  divi-  (Jhav  518 

SION  OF  youth  service  FOR  A  LIMITED  TIME   OF  A   PLACE 
OF  CUSTODY  IN  THE  CITY  OF  BOSTON. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  to  immediately  extend  the  time  preamble, 
during  which  the  youth  service  board  may  maintain  a  place 
of  custody  in  the  city  of  Boston,  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  folloivs: 

Section  1.  The  division  of  youth  service,  established 
by  section  four  A  of  chapter  one  hundred  and  twenty  of 
the  General  Laws,  hereinafter  called  the  division,  shall  con- 
tinue to  maintain  in  the  city  of  Boston  until  the  first  day  of 
July,  nineteen  hundred  and  fifty-seven,  such  places  as  are 


426  Acts,  1955. —  Chap.  519. 

maintained  under  authority  of  chapter  five  hundred  and 
forty-two  of  the  acts  of  nineteen  hundred  and  forty-eight, 
as  most  recently  amended  by  chapter  one  hundred  and 
thirty  of  the  acts  of  nineteen  hundred  and  fifty-four. 

Section  2.  For  maintaining  a  place  or  places  of  custody 
under  this  act,  the  division  may  expend  such  sums  as  may 
be  appropriated  therefor.  Not  later  than  October  first  in 
each  of  the  years  nineteen  hundred  and  fiftj''-six  and  nine- 
teen hundred  and  fifty-seven,  the  division  shall  certify  to 
the  state  treasurer  the  total  amount  expended  by  it  under 
this  act  during  the  preceding  fiscal  year.  One  half  of  such 
amount  shall  be  assessed  on  the  city  of  Boston  as  provided 
by  section  twenty  of  chapter  fifty-nine  of  the  General  Laws. 

Section  3.  This  act  shall  take  effect  on  July  first,  nine- 
teen hundred  and  fifty-five.  Approved  July  6,  1955. 

Chap. 519  An  Act  providing  for  the  acquisition  and  develop- 
ment FOR  A  STATE  PARK  OF  CERTAIN  LAND  AND  BUILDINGS 
ADJACENT  TO  LAKE  QUINSIGAMOND  IN  THE  CITY  OF  WOR- 
CESTER AND  THE  TOWN  OF  SHREWSBURY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commissioner  of  natural  resources,  act- 
ing in  behalf  of  the  commonwealth,  may  take  by  eminent 
domain,  under  the  provisions  of  chapter  seventy-nine  of 
the  General  Laws,  or  may  acquire  by  gift  or  purchase  at  a 
price  not  exceeding  one  dollar  or  other  valuable  considera- 
tion, certain  areas  of  land  and  the  buildings  thereon  adja- 
cent to  Lake  Quinsigamond  deemed  necessary  for  recrea- 
tional development,  for  the  development  of  a  state  recreation 
area  or  areas,  the  areas  known  as  Lake  park  and  Regatta 
point,  more  particularly  described  as  follows :  — 

Parcel  1 .  —  The  area  known  as  Lake  park,  bounded 
easterly  by  Lake  Quinsigamond,  westerly  by  Lake  avenue, 
northerly  by  Nonquit  street  and  southerly  by  Coburn 
avenue,  lying  partly  in  the  city  of  Worcester  and  partly  in 
the  town  of  Shrewsbury,  and  owned  by  the  city  of  Worcester. 

Parcel  2.  —  The  area  known  as  Regatta  point,  bounded 
on  the  west  in  part  by  Lake  avenue  and  in  part  by  a  line 
through  land  of  the  commonwealth  of  Massachusetts,  de- 
partment of  mental  health,  on  the  east  by  Lake  Quinsiga- 
mond, all  lying  between  Belmont  street  and  Winneconnett 
road,  including  certain  portions  of  land  owned  by  the  de- 
partment of  mental  health,  all  being  within  the  city  of 
Worcester. 

Section  2.  In  its  development  and  improvement  of  the 
above-described  areas,  the  department  of  natural  resources 
is  hereby  authorized  and  empowered,  following  the  acqui- 
sition of  said  areas  — 

(1)  To  plan,  construct,  provide  and  maintain,  repair  and 
operate  recreational  areas  and  such  facilities  as  access  roads, 
walkways,  play  fields,  stadia,  picnic  areas,  parking  lots,  bath 
houses,  swimming,  diving  and  wading  pools,  beaches,  baby- 


Acts,  1955. —  Chap.  519.  427 

sitting  areas,  power,  row  and  paddle  boats,  boat  houses, 
docks,  landings,  cafeterias,  restaurants,  refreshment  stands, 
fireplaces,  benches,  tables,  chairs  and  shelters,  pavilions, 
first-aid  rooms,  comfort  stations,  drinking  fountains  and 
such  other  facilities  as  the  department  deems  necessary 
and  desirable. 

(2)  To  impose  and  collect  such  charges  and  fees  for  the 
use  of  the  lands,  buildings,  facilities  and  equipment  enumer- 
ated in  subsection  one  of  this  section  as  may  be  necessary  to 
defray  the  cost  of  the  developments  herein  authorized,  in- 
cluding costs  of  maintenance  and  operation  and  bond  amorti- 
zation and  interest.  Such  fees  and  charges  may  be  revised 
from  time  to  time  as  deemed  necessary  by  the  department. 

Section  3.  The  commissioner  maj''  grant  over  and  across 
any  land  acquired  under  this  act  such  locations  as  may  be 
necessary  for  water  and  sewer  lines,  and  may  grant  such 
locations  as  shall  be  found  by  order  of  the  department  of 
public  utilities  after  public  hearing  to  be  required  by  public 
necessity  or  convenience  for  telephone,  telegraph  or  electric 
light  or  power  transmission  and  gas  lines,  and  as  in  his 
judgment  are  necessary  and  will  serve  the  pubHc  interest, 
and  may  execute  and  deliver  such  documents  and  papers, 
approved  as  to  form  by  the  attorney  general,  as  may  be 
necessary.  At  the  request  of  the  commissioner  such  loca- 
tions may  be  altered  or  revoked,  except  that  as  to  those 
established  pursuant  to  finding  by  the  department  of  public 
utiUties,  upon  the  request  of  the  commissioner  and  after 
notice  to  the  grantee  of  such  locations,  and  to  all  parties  in- 
terested and  a  public  hearing,  the  department  of  pubUc 
utilities  may  by  order  alter  or  revoke  any  such  location 
whenever  in  its  opinion  the  public  interest  or  the  rights  of 
the  commonwealth  so  require.  The  commissioner  within 
fourteen  days  after  granting  any  such  location  shall  file 
a  copy  of  the  grant  of  the  same,  together  with  a  copy  of 
the  order,  if  any,  of  the  department  of  public  utilities,  in  the 
ofiice  of  the  clerk  of  the  city  or  town  where  the  location  is 
granted,  and  a  copy  of  his  alteration  or  revocation  of  the 
same,  and  the  department  of  public  utilities  shall  file  in  the 
office  of  said  clerk  any  order  altering  or  revoking  such  loca- 
tion, and  the  clerk  of  said  city  or  town  shall  receive  and 
record  the  same. 

Section  4.  The  department  may  expend  such  additional 
sums  as  may  be  necessary  to  complete  plans  for  the  develop- 
ment of  additional  areas  as  pro\'ided  in  house  document 
numbered  2410  of  nineteen  hundred  and  fifty-five. 

Section  5.  To  meet  the  cost  of  the  program  of  acquisition 
and  development  authorized  by  this  act,  the  state  treasurer 
shall,  upon  request  of  the  governor  and  council,  issue  and 
sell  at  public  or  private  sale  bonds  of  the  commonwealth, 
registered  or  with  interest  coupons  attached,  as  he  may 
deem  best,  to  an  amount  to  be  specified  by  the  governor  and 
council  from  time  to  time,  but  not  exceeding,  in  the  aggre- 
gate, the  sum  of  one  million  five  hundred  thousand  dollars. 


428  Acts,  1955.  —  Chap.  520. 

All  bonds  issued  by  the  commonwealth,  as  aforesaid,  shall 
be  designated  on  the  face,  Lake  Quinsigamond  State  Park 
Loan  Act  of  1955,  and  shall  be  on  the  serial  payment  plan  for 
such  maximum  term  of  years,  not  exceeding  ten  years,  as 
the  governor  may  recommend  to  the  general  court  pursuant 
to  section  3  of  Article  LXII  of  the  Amendments  to  the  Con- 
stitution of  the  Commonwealth,  the  maturities  thereof  to 
be  so  arranged  that  the  amounts  payable  in  the  several  years 
of  the  period  of  amortization  other  than  the  final  year  shall 
be  as  nearly  equal  as  in  the  opinion  of  the  state  treasurer  it  is 
practicable  to  make  them.  Said  bonds  shall  bear  interest 
semi-annually  at  such  rate  as  the  state  treasurer,  with  the 
approval  of  the  governor,  shall  fix.  The  initial  maturities 
of  such  bonds  shall  be  payable  not  later  than  one  year  from 
the  date  of  issue  thereof,  and  the  entire  issue  not  later  than 
June  thirtieth,  nineteen  hundred  and  seventy.  All  interest 
payments  and  payments  on  account  of  principal  on  such 
obligations  shall  be  paid  from  the  State  Recreation  Areas 
Fund;  provided,  that  notwithstanding  the  foregoing,  such 
obligations  shall  be  general  obligations  of  the  common- 
wealth. 

Section  6.  All  income  derived  from  the  operation  of  the 
facilities  authorized  to  be  acquired  or  constructed  by  this 
act  shall  be  paid  into  the  state  treasury  and  shall  be  credited 
to  the  State  Recreation  Areas  Fund.  Nothing  in  this  act 
shall  be  construed  to  mean  that  income  from  a  particular 
facility  must  be  applied  to  meet  the  obligations  of  that  par- 
ticular facility.  Nothing  in  this  act  shall  prevent  the  state 
treasurer  from  applying  without  restriction  income  from 
facilities  authorized  under  this  act  to  the  obligations  of 
similar  facilities  authorized  under  future  acts. 

Section  7.    This  act  shall  take  effect  upon  its  passage. 

Approved  Juhj  6,  1955. 

Chap. 520  An  Act  authorizing  the  commonwealth  to  convey  a 

CERTAIN  PARCEL  OF  LAND  TO  THE  TOWN  OF  LYNNFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commissioner  of  natural  resources,  in 
the  name  and  on  behalf  of  the  commonwealth,  is  hereby 
authorized,  subject  to  the  approval  of  the  governor  and 
council,  to  convey  for  a  nominal  consideration  to  the  town 
of  Lynnfield  for  park,  recreational  and  playground  purposes, 
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  known  as  reforestation  Lot  128, 
situated  in  said  Lynnfield,  and  being  the  same  land  which 
was  conveyed  to  the  commonwealth  by  deed  of  Sarah  B. 
Herrick  and  Mary  F.  Herrick,  dated  February  18,  1916, 
recorded  March  16,  1916,  with  the  Registry  of  Deeds  for 
the  Southern  District  of  Essex  County,  Book  2324,  Page  117, 
said  parcel  containing  seven  acres,  fourteen  rods,  more  or 
less.     Ownership  of  said  parcel  of  land  shall  revert  to  and 


Acts,  1955.  —  Chaps.  521.  522,  523.  429 

revest  in  the  commonwealth  whenever  such  area  shall  cease 
to  be  used  for  the  purposes  set  forth  in  this  section. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  7,  1955. 


An  Act  to  authorize  the  city  of  quincy  to  locate  Chap. 521 

SANITARY  FACILITIES  IN  ITS  OFF-STREET  PARKING  AREAS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Quincy  is  hereby  authorized  to 
locate  within  its  municipally  owned  off-street  parking  areas 
a  sanitary  station  or  stations  for  the  convenience  of  the 
pubhc. 

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

Approved  July  7,  1955. 


An  Act  to  authorize  the  city  of  quincy  to  use  certain  Chav. 522 

BOND     proceeds     FOR    THE     CONSTRUCTION     OF     SANITARY 
facilities   IN   ITS   OFF-STREET   PARKING   AREAS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Quincy  is  hereby  authorized,  by 
a  two-thirds  vote  of  its  city  council,  to  appropriate  from  the 
balance  remaining  from  the  proceeds  of  a  bond  issue  amount- 
ing to  one  hundred  and  thirty  thousand  dollars  issued  on 
September  first,  nineteen  hundred  and  fifty-three,  under 
the  authority  of  Council  Order  number  232  of  nineteen  hun- 
dred and  fifty-two  of  the  city  council  of  Quincy,  the  sum  of 
twenty-five  thousand  dollars  for  the  construction  of  sanitary 
facilities  to  be  located  within  off-street  parking  areas  owned 
by  the  city  of  Quincy. 

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

Approved  July  7,  1955. 


An  Act  authorizing  the  department  of  natural  re-  Chap. 52S 

SOURCES    to    establish    A    STATE    PARK    AT    THE    PILGRIM 
SPRING   IN   THE   TOWN    OF   TRURO. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  natural  resources  in  the 
name  and  on  behalf  of  the  ,commonwealth  is  hereby  author- 
ized and  directed  to  acquire  by  purchase,  gift  or  otherwise 
or  take  by  eminent  domain  under  the  provisions  of  chapter 
seventy-nine  of  the  General  Laws,  the  land  in  the  town  of 
Truro  on  which  the  Pilgrim  Spring,  so  called,  is  located  and 
such  other  land  adjacent  thereto  as  may  be  necessary  to 
establish  a  public  park. 

Section  2.  Said  department  may  receive  such  sums  of 
money  as  may  be  donated  or  bequeathed  to  it  or  the  com- 
monwealth for  the  purposes  of  this  act. 


430 


Acts,  1955. —  Chap.  524. 


Section  3.    For  the  purposes  of  this  act  the  department 
may  expend  such  sums  as  may  be  appropriated  therefor. 
Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  7,  1955. 


Chap. 524  An  Act  providing  that  the  director  of  the  division  of 

FISHERIES  and  GAME  MAY  AUTHORIZE  THE  MEMBERS  OF 
CERTAIN  LICENSED  ORGANIZATIONS  TO  SHOOT  GAME  BIRDS 
AT  FIELD  TRIALS  OF  RETRIEVER  AND  BIRD  DOGS  "WITHOUT 
POSSESSING  HUNTING  OR  SPORTING  LICENSES. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  131. 
§  112,  etc., 
amended. 

Shooting  of 
game  birds, 
regulated. 


G.  L.  (Ter. 
Ed.),  131, 
new  §  112A, 
added. 

Director  may 
issue  license 
to  certain 
organizations 
to  hold  field 
trials  for 
certain  dogs. 


Whereas,  It  being  in  the  public  interest,  and  particularly  in 
the  interest  of  conserving  game  birds  in  this  commonwealth, 
to  permit  the  holding  of  field  trials  for  retriever  and  bird 
dogs  under  the  supervision  of  the  division  of  law  enforce- 
ment of  the  department  of  natural  resources,  and  the  pro- 
visions of  this  act  should  be  effective  without  delay,  there- 
fore it  is  hereby  declared  to  be  an  emergency  law,  necessary 
for  the  immediate  preservation  of  the  pubUc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  112  of  chapter  131  of  the  General 
Laws,  as  amended  by  chapter  235  of  the  acts  of  1950,  is 
hereby  further  amended  by  adding  at  the  end  the  following 
sentence:  —  Nothing  in  this  chapter  shall  be  construed  to 
prohibit  the  shooting  of  birds  at  field  trials  of  retriever  or  bird 
dogs,  during  the  open  or  close  seasons,  under  the  supervision 
of  the  division  of  law  enforcement  in  accordance  with  the 
provisions  of  section  one  hundred  and  twelve  A. 

Section  2.  Said  chapter  131  is  hereby  further  amended 
by  inserting  after  section  1 12  the  following  section :  — 
Section  112 A.  Upon  application  to  the  division  of  fisheries 
and  game  by  any  incorporated  or  unincorporated  club  or 
organization  having  a  membership  of  twenty-five  or  more 
citizens  who  have  been  residents  of  the  commonwealth  for  at 
least  six  months  immediately  prior  to  making  appUcation, 
and  upon  payment  of  a  fee  of  ten  dollars  by  the  appUcant, 
the  director  of  said  division  is  hereby  authorized  to  issue  a 
license  to  such  club  or  organization  to  hold  a  field  trial  under 
the  rules  and  regulations  of  the  American  Kennel  Club  Inc. 
or  American  Field  for  retriever  or  bird  dogs  at  the  time  and 
place  stated  in  the  license.  The  license  shall  authorize  mem- 
bers of  the  licensee  to  shoot  and  kill  with  firearms,  under  the 
supervision  of  a  representative  of  the  division  of  law  enforce- 
ment, pheasant  and  maUard  ducks  propagated  or  legally 
acquired  by  members  of  the  licensee,  and  released  by  mem- 
bers of  the  licensee  at  the  field  trial  held  at  the  time  and 
place  specified  in  the  license.  The  license  shall  be  valid  only 
during  daylight  hours,  and  the  written  consent  of  the  owner 
of,  or  person  having  legal  control  of,  the  land  on  which  such 
field  trial  is  held  shall  first  be  obtained.  Before  any  pheasant 
or  mallard  duck  so  shot  is  removed  from  the  premises,  the 
representative  of  the  division  of  law  enforcement  shall  attach 


Acts,  1955.  —  Chaps.  525,  526.  431 

to  it  a  tag,  which  shall  be  furnished  by  the  division  of  fisheries 
and  game  for  a  reasonable  fee,  and  shall  remain  attached  to 
the  bird  until  the  same  is  prepared  for  consumption.  A 
licensee  shall  pay  to  the  representative  of  the  division  of  law 
enforcement  a  fee  of  fifteen  dollars  per  day  for  services 
rendered  at  such  a  field  trial.  Such  representative  shall  be 
designated  by  the  director  of  the  division  of  law  enforcement 
and  may  or  may  not  be  an  employee  of  the  division.  Persons 
participating  in  any  such  field  trial  pursuant  to  the  pro- 
visions of  this  section  shall  not  be  required  to  secure  hunting 
or  sporting  licenses  for  this  purpose. 

Section  3.     Section   17  of  chapter  136  of  the  General  g.  l.  (Ter 
Laws,  as  most  recently  amended  by  chapter  60  of  the  acts  of  etcii'ameAded!^' 
1938,  is  hereby  further  amended  by  striking  out  the  last 
sentence  and  inserting  in  place  thereof  the  following  sentence : 
—  This  section  shall  not  apply  to  the  discharge  of  firearms  in  section  not 
any  shooting  gallery  licensed  under  section  four  A,  or  at  any  certfm^ '" 
field  trial  licensed  under  section  one  hundred  and  twelve  A  instances. 
of  chapter  one  hundred  and  thirty-one,  and  subject  to  the 
restrictions  therein  imposed,  nor  shall  it  apply  to  the  dis- 
charge of  firearms,  in  trap,  skeet  or  target  shooting  if  carried 
on  at  such  places  within  the  limits  of  any  city  or  town  and 
during  such  hours  as  the  city  council  or  selectmen  approve 
and  in  accordance  with  regulations  which  they  are  hereby 
authorized  to  estabhsh.  Approved  July  7,  1965. 

An  Act  to  reimburse  the  county  of  Plymouth  for  ex-  nhr,^  koc 

PENSES  INCURRED   IN  THE  TRIAL   OF  CERTAIN   STATE  FARM  ^' 

INMATES. 

Be  it  enacted,  etc.,  as  follows: 

There  shall  be  paid  by  the  treasurer  and  receiver-general, 
with  the  approval  of  the  attorney  general,  from  the  General 
Fund  of  the  commonwealth,  to  the  county  of  Plymouth  as 
a  reimbursement  for  monies  expended  by  said  county  during 
the  trial  in  superior  court  of  certain  inmates  of  the  state 
farm  at  Bridgewater,  such  sums  not  exceeding  twenty-one 
thousand,  two  hundred  and  ninety-four  dollars  and  seventy- 
four  cents  as  may  be  appropriated  therefor. 

Approved  July  7,  1955. 


C/?ap.526 


An  Act  relative  to  the  practice  of  medicine  by  in- 
ternes, FELLOWS  OR  MEDICAL  OFFICERS  IN  OUT-PATIENT 
clinics   OF   THE   DEPARTMENT   OF   MENTAL   HEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  9  of  chapter  112  of  the  General  Laws,  as  most  g.  l.  (Ter. 
recently  amended  by  chapter  186  of  the  acts  of  1945,  is  ^tllamfiied! 
hereby  further  amended  by  inserting  after  the  word  "eleven", 
in  fine  14,  the  words :  —  ,  or  in  an  out-patient  chnic  operated 
by  the  department  of  mental  health,  —  so  as  to  read  as 
follows :  —  Section  9.    An  applicant  for  limited  registration 


432  Acts,  1955. —  Chap.  527. 

Limited  regis-  Under  thlis  sectioii  who  shall  furnish  the  board  with  satis- 
?ntern^?Uo.  factoFy  proof  that  he  is  twenty-one  or  over  and  of  good 
moral  character,  that  he  has  creditably  completed  not  less 
than  three  and  one  half  years  of  study  in  a  legally  chartered 
medical  school  having  the  power  to  grant  degrees  in  medi- 
cine, and  that  he  has  been  appointed  an  interne,  fellow  or 
medical  officer  in  a  hospital  or  other  institution  maintained 
by  the  commonwealth,  or  by  a  county  or  municipality  thereof, 
or  in  a  hospital  or  clinic  which  is  incorporated  under  the 
laws  of  the  commonwealth  or  in  a  clinic  which  is  affiliated 
with  a  hospital  licensed  by  the  department  of  public  health 
under  authority  of  section  seventy-one  of  chapter  one  hun- 
dred and  eleven,  or  in  an  out-patient  chnic  operated  by  the 
department  of  mental  health,  may,  upon  the  payment  of 
five  dollars,  be  registered  by  the  board  as  a  hospital  medical 
officer  for  such  time  as  it  may  prescribe;  but  such  hmited 
registration  shall  entitle  the  said  applicant  to  practice  medi- 
cine only  in  the  hospital  or  other  institution  designated  on 
his  certificate  of  hmited  registration,  or  outside  such  hospital 
or  other  institution  for  the  treatment,  under  the  supervision 
of  one  of  its  medical  officers  who  is  a  duly  registered  phy- 
sician, of  persons  accepted  by  it  as  patients,  and  in  either 
case  under  regulations  established  by  such  hospital  or  other 
institution.  Limited  registration  under  this  section  may  be 
revoked  at  any  time  by  the  board. 

Approved  July  7,  1955. 

Chap. 527  An  Act  authorizing  a  guardian  or  a  conservator  to 

DEDUCT  THE  AMOUNTS  PAID  FOR  PREMIUMS  ON  HIS  SURETY 
BONDS   FOR   INCOME   TAX   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Ed  ^' 62 1' 13  Chapter  62  of  the  General  Laws  is  hereby  amended  by 
am'eAded.  '  striking  out  scction  13,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  sec- 
Provisions  tiou:  —  Scction  13.  Sections  ten  to  twelve,  inclusive,  shall, 
trJfste'es  to  SO  far  as  apt,  apply  to  executors,  administrators,  guardians, 
fiducLries^^^'^  conservators,  trustees  in  bankruptcy,  receivers  and  assignees 
for  the  benefit  of  creditors,  to  the  income  received  by  them 
and  to  their  beneficiaries,  except  that  clause  (a)  of  section 
ten,  with  the  exception  of  subdivision  (2),  which  subdivision 
shall  apply  to  trustees,  guardians  and  conservators  only,  and 
clause  (6)  of  said  section  ten  authorizing  certain  deductions 
shall  apply  to  trustees  only.  All  such  fiduciaries  and  their 
successors  in  office  shall  be  personally  hable  for  all  taxes 
due  under  this  chapter  from  them  or  from  their  predecessors 
in  office  to  the  value  of  all  property  in  their  hands  as  such 
fiduciaries  at  the  time  of  distribution  as  provided  in  section 
twenty-five.  Approved  July  7,  1955. 


Exception. 


Acts,  1955.  —  Chaps.  528,  529.  433 

An  Act  relative  to  the  improvement  and  surfacing  Chap. 528 

BY  THE  CITY  OF  HOLYOKE  OF  CERTAIN  HIGHWAYS  IN  THE 
TOWN  OF  SOUTHAMPTON  IN  CONNECTION  WITH  THE  UNDER- 
TAKING   OF   SAID    CITY   TO    INCREASE   ITS   WATER   SUPPLY. 

Be  it  enacted,  etc.,  as  follows: 

Section  5  of  chapter  419  of  the  acts  of  1896,  as  appearing 
in  section  1  of  chapter  659  of  the  acts  of  1953,  is  hereby 
amended  by  striking  out,  in  lines  8  to  12,  the  words  "and 
the  Russellville  road  and  the  Foraer  road  will  substitute 
for  travel.  A  section  of  Fomer  road  shall  be  improved  and 
surfaced,  conforming  in  construction  to  chapter  eighty-one 
Highway,  for  a  distance  of  one  mile."  and  inserting  in  place 
thereof  the  words:  —  and  sections  of  Russellville  road, 
Fomer  road.  Crooked  Ledge  road  and  all  of  Delisle  road 
will  substitute  for  travel.  The  section  of  Fomer  road  from 
the  new  causeway  to  Delisle  road,  all  of  Delisle  road,  and  a 
section  of  Crooked  Ledge  road  from  its  intersection  with 
DeUsle  road,  all  for  a  total  distance  of  one  mile,  shall  be 
improved  and  surfaced  by  the  city  of  Holyoke,  conforming 
in  construction  to  a  chapter  eighty-one  highway. 

Approved  July  7,  1956. 

An  Act  relative  to  the  tunnel  to  connect  common-  Chap. 529 

WEALTH  avenue  IN  THE  CITY  OF  BOSTON  WITH  THE  PRO- 
POSED   GARAGE    FOR    THE    PARKING    OF    MOTOR    VEHICLES  * 
UNDER   BOSTON   COMMON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  last  sentence  of  section  2  of  chapter  294 
of  the  acts  of  1946  is  hereby  amended  by  striking  out  at 
the  end  the  words  "and  of  the  transit  commission  of  said 
city."  and  inserting  in  place  thereof  the  following  words:  — 
of  said  city.  For  the  purpose  of  confirming  its  right  to  au- 
thorize the  construction  of  such  tunnel,  said  city,  acting  by 
its  public  improvement  commission  upon  the  request  of  its 
parks  and  recreation  commission  (elsewhere  herein  called  its 
park  department)  and  with  the  approval  of  its  mayor,  may 
take  in  its  name  and  behalf  by  eminent  domain  under  chap- 
ter seventy-nine  of  the  General  Laws  any  and  all  easements, 
estates  and  rights  in  the  portions  of  land  constituting  Com- 
monwealth avenue  to  be  occupied  or  affected  by  such  tunnel; 
provided,  the  lease  contains  a  covenant  secured  by  a  surety 
bond  in  an  amount  satisfactory  to  said  public  improvement 
commission  whereby  said  city  shall  be  indemnified  and  held 
harmless  from  any  and  all  claims,  demands  and  actions 
against  it  for  damages  as  a  result  of  any  and  all  takings  un- 
der this  act.  Any  person  sustaining  damage  in  his  property 
by  reason  of  any  taking  under  this  act  shall  be  entitled  to 
recover  therefor  from  said  city  under  said  chapter  seventy- 
nine. 

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

Approved  July  7,  1965. 


434  Acts,  1955.  —  Chaps.  530,  531,  532.  533. 

Chap. 630  An  Act  providing  for  weekly   payment  of   benefits 

UNDER  THE  EMPLOYMENT  SECURITY  LAW. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  Subsectioii  (a)  of  section  23  of  chapter  151 A  of  the  General 

f  23'eU!^'^'       Laws,  as  most  recently  amended  by  section  6  of  chapter  763 
amended.'         of  the  acts  of  1951,  is  hereby  further  amended  by  inserting 
EUgibiiity for    after  the  word   "period",   in  line   12,   the  following: — ; 
thereafter  benefits  shall  be  payable  weekly  and  shall  be 
paid  weekly.  Approved  July  11,  1955. 

Chap. 531  An  Act  designating  a  certain  bridge  in  the  city  of 

CHICOPEE  AS  THE  GOVERNOR  GEORGE  D.  ROBINSON  BRIDGE. 

Be  it  enacted,  etc.,  as  follows: 

The  new  bridge  being  constructed  on  East  Main  street  in 
the  city  of  Chicopee  as  the  Springfield  connection  with 
highway  U.  S.  Route  20  shall,  upon  its  completion,  be 
designated  as  the  Governor  George  D.  Robinson  Bridge. 
The  department  of  public  works  is  hereby  authorized  and 
directed  to  place  on  said  bridge  a  suitable  plaque  bearing 
said  designation.  Approved  Jidy  11,  1955. 

Chap. 532  An  Act  designating  the  overpass  running  from  the 

,  SUMNER    TUNNEL    TO    THE    GENERAL    EDWARD    LAWRENCE 

LOGAN  INTERNATIONAL  AIRPORT  AS  THE  PROFESSOR  ENRICO 
FERMI  OVERPASS. 

Be  it  enacted,  etc.,  as  follows: 

The  overpass  running  from  the  Sumner  tunnel  to  the 
General  Edward  Lawrence  Logan  International  Airport 
shall  be  known  and  designated  as  the  Professor  Enrico 
Fermi  Overpass  in  recognition  of  his  outstanding  contribu- 
tion to  the  development  of  atomic  energy.  The  department 
of  public  works  shall  attach  to  said  overpass  a  suitable 
marker  or  plaque  bearing  such  designation. 

Approved  July  11,  1955. 

Chap. 533  An  Act  authorizing  the  department  of  public  works 

TO  CONVEY  CERTAIN  LAND  AND  RIGHTS  IN  LAND  IN  THE 
TOWN  OF  SALISBURY  TO  THE  SALISBURY  WATER  SUPPLY 
COMPANY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works  is  hereby 
authorized  to  convey  to  the  Salisbury  Water  Supply  Com- 
pany five  certain  parcels  of  registered  land  in  the  town  of 
Salisbury,  said  parcels  of  land  being  lots  16,  22,  23,  24  and 
25  acquired  by  the  department  of  conservation  under  cer- 
tificate of  title  number  11770,  dated  August  21,  1937  and 
transferred  to  the  control  of  the  division  of  public  beaches 
in  the  department  of  public  works  under  authority  of  section 


Acts,  1955.  —  Chap.  534.  435 

two  of  chapter  six  hundred  and  sixty-six  of  the  acts  of  nine- 
teen hundred  and  fifty-three. 

Section  2.  The  department  of  pubUc  works  is  hereby 
further  authorized  to  grant  to  the  Sahsbury  Water  Supply 
Company  an  easement  for  a  sewage  pipe  Une  from  lot  16  to 
lot  25  across  the  Ancient  Way  acquired  under  the  same 
certificate  of  title  number  11770. 

Section  3.  The  conveyance  of  land  and  rights  in  land, 
as  specified  in  sections  one  and  two,  are  authorized  only 
upon  the  condition  that  the  Salisbury  AYater  Supply  Com- 
pany settles  its  claim  for  land  damages  for  parcel  number 
133  of  an  order  of  taking,  dated  February  16,  1954  for  the 
sum  of  one  dollar.  Approved  July  11,  1955. 

An  Act  changing  and  establishing  the  harbor  lines  Chap. 534 
IN  savin  hill  bay,  in  boston  harbor. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  harbor  lines  in  Savin  Hill  bay  in  Boston 
harbor  are  herebj^  changed  and  established  as  follows:  — 

The  location  of  each  of  the  angle  points  in  the  harbor  line 
hereinafter  described  is  fixed  by  a  distance,  hereinafter 
called  longitude,  in  feet,  from  a  meridian  passing  through 
the  center  of  the  apex  of  the  dome  of  the  State  House,  in 
Boston,  and  by  a  distance  hereinafter  called  latitude,  in 
feet,  from  a  Une  at  right  angles  to  said  meridian  and  passing 
through  the  center  of  the  apex  of  the  State  House  dome,  and 
the  bearings  refer  to  the  true  meridian  passing  through  the 
center  of  said  apex.  So  much  of  the  existing  harbor  Hnes 
established  in  Savin  Hill  bay  by  chapter  six  hundred  and 
thirty-nine  of  the  acts  of  nineteen  hundred  and  fifty-one,  as 
run  from  points  Ko  to  Kg,  K3  to  Lj,  and  from  Lj  to  L,  is 
hereby  abolished  and  a  single  line  established  in  place  thereof, 
running  from  said  point  K2,  in  latitude  nineteen  thousand 
eight  hundred  forty-one  and  forty-five  one  hundredths  feet 
south  (S  19841.45')  and  longitude  three  thousand  six  hundred 
twenty-five  and  four  tenths  feet  east  (E  3625.4'),  north 
seventy-three  degrees  thirty-one  minutes  forty-nine  seconds 
east  (N  73°-31'-49"  E),  true  bearing,  five  hundred  twenty- 
six  and  twenty-nine  one  hundredths  feet  (526.29)  to  said 
point  L2  in  latitude  nineteen  thousand  six  hundred  ninety- 
two  and  twenty-four  one  hundredths  feet  south  (S  19692.24') 
and  longitude  four  thousand  one  hundred  thirty  and  one- 
tenth  feet  east  (E  41.30.1'). 

Section  2.  A  plan  showing  the  existing  and  proposed 
harbor  lines  is  on  file  in  the  office  of  the  Department  of 
Public  Works,  100  Nashua  Street,  Boston. 

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

Approved  July  13,  1955. 


436  Acts,  1955.  —  Chaps.  535,  536. 


Chap. 535  An  Act  authorizing  the  town  of  Swansea  to  appro- 
priate AND  BORROW  MONEY  FOR  THE  ENLARGING  AND  RE- 
PAIRING OF  A  BUILDING  HELD  BY  IT  FOR  POST  OFFICE 
PURPOSES,  AND  TO  ENTER  INTO  A  LEASE  FOR  POST  OFFICE 
PURPOSES   WITH   REFERENCE   THERETO. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Swansea  may,  for  the  purpose 
of  enlarging  and  repairmg  from  time  to  time  the  premises 
belonging  to  said  town,  situated  on  Main  street,  Swansea 
village,  and  used  as  a  post  office,  appropriate  from  time  to 
time  within  the  period  of  five  years  from  the  passage  of  this 
act  such  sums  as  may  be  necessary  not  exceeding  in  the  ag- 
gregate fifteen  thousand  dollars;  and  for  such  purpose  may 
borrow  subject  to  the  provisions  of  chapter  forty-four  of  the 
General  Laws,  inclusive  of  the  limitations  contained  in  the 
first  paragraph  of  section  seven  thereof,  and  may  issue  bonds 
or  notes  of  the  town  therefor.  Each  authorized  issue  shall 
constitute  a  separate  loan,  and  such  loan  shall  be  paid  in 
not  more  than  ten  years  from  their  date. 

Section  2.  The  town  of  Swansea,  acting  through  its  se- 
lectmen, is  hereby  authorized  to  enter  into  a  lease,  upon  such 
terms  as  the  selectmen  may  determine,  of  the  post  office 
building  referred  to  in  section  one  with  the  United  States 
government  for  the  term  of  ten  years  with  an  option  by  the 
United  States  government  for  an  additional  period  of  five 
years. 

Section  3.  Any  action  taken  by  the  town  of  Swansea  at 
a  town  meeting  held  on  May  twenty-third,  nineteen  hun- 
dred and  fifty-five,  pursuant  to  the  authority'  contained  in 
sections  one  and  two  of  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  meeting. 

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

Approved  July  13,  1955. 

Chap.5SQ  An  Act  authorizing  the  city  of  springfield  to  appro- 
priate MONEY  FOR  THE  PAYMENT  OF,  AND  TO  PAY,  CER- 
TAIN  UNPAID    BILLS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Springfield  is  hereby  authorized 
to  appropriate  monej'  for  the  payment  of,  and  after  such 
appropriation,  the  treasurer  of  said  city  is  hereby  authorized 
to  pay,  such  of  the  unpaid  bills  incurred  by  said  city  and 
totalling  twenty-five  thousand,  eighty-six  dollars  and  ninety- 
nine  cents,  as  set  forth  in  the  list  on  file  in  the  office  of  the 
director  of  accounts  in  the  department  of  corporations  and 
taxation,  as  are  legally  unenforceable  against  said  city,  by 
reason  of  their  being  incurred  in  excess  of  available  appro- 
priations, and  as  are  certified  for  payment  by  the  school  de- 
partment wherein  the  bills  were  contracted;  provided,  that 


Acts,  1955.  —  Chaps.  537,  538.  437 

the  money  so  appropriated  to  pay  such  bills  shall  be  raised 
by  taxation  in  said  city. 

Section  2.  No  bill  shall  be  approved  by  the  city  auditor 
of  said  city  for  payment  or  paid  by  the  treasurer  thereof 
under  authority  of  this  act  unless  and  until  certificates  have 
been  signed  and  filed  with  said  city  auditor,  stating  under 
the  penalties  of  perjury  that  the  goods,  materials  or  services 
for  which  bills  have  been  submitted  were  ordered  by  an 
official  or  an  employee  of  said  city,  and  that  such  goods  and 
materials  were  delivered  and  actually  received  by  said  city 
or  that  such  services  were  rendered  to  said  city,  or  both. 

Section  3.  Any  person  who  knowingly  files  a  certificate 
required  by  section  two,  which  is  false,  and  who  thereby 
receives  payment  for  goods,  materials  or  services  which  were 
not  received  by  or  rendered  to  said  city,  shall  be  punished 
by  imprisonment  for  not  more  than  one  year  or  by  a  fine 
of  not  more  than  three  hundred  dollars,  or  both. 

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

Approved  July  13,  1955. 

An  Act  authorizing  the  boylston  water  district  to  Chap. 537 

MAKE   AN   ADDITIONAL   WATER    LOAN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  building  additional  pipe 
lines,  the  Boylston  Water  District  may  borrow,  from  time 
to  time  within  five  years  from  the  effective  date  of  this  act, 
such  sums  as  may  be  necessary,  not  exceeding,  in  the  ag- 
gregate, thirty  thousand  dollars,  and  may  issue  bonds  or 
notes  therefor,  which  shall  bear  on  their  face  the  words, 
Boylston  Water  District  Loan,  Act  of  1955.  Each  author- 
ized issue  shall  constitute  a  separate  loan,  and  such  loans 
shall  be  paid  in  not  more  than  thirty  years  from  their  dates. 
Indebtedness  incurred  under  authority  of  this  act  shall  be 
outside  the  statutory  limit  of  indebtedness,  but  shall,  ex- 
cept as  otherwise  provided  in  this  act,  be  subject  to  chapter 
forty-four  of  the  General  Laws. 

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

Approved  July  13,  1955. 

An  Act  authorizing  the  department  of  natural  re-  C hap. 5S8 

SOURCES  TO  acquire  CERTAIN  LAND  IN  THE  TOWN  OF 
BERKLEY. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  The  commissioner  of  natural  resources,  act- 
ing in  behalf  of  the  commonwealth,  is  hereby  authorized 
and  directed  to  acquire  by  gift,  purchase  or  otherwise,  or, 
with  the  approval  of  the  governor  and  council,  to  take  by 
eminent  domain,  under  the  provisions  of  chapter  seventy- 
nine  of  the  General  Laws,  for  the  purpose  of  preserving  and 
protecting  an  ancient  landmark  known  as  Dighton  Rock, 
and  for  conservation  and  recreation  purposes,  a  certain  par- 


438 


Acts,  1955. —  Chap.  539. 


eel  of  land  situated  in  the  town  of  Berkley,  including  any 
land  belonging  to  any  historical  organization  or  memorial 
society,  said  parcel  being  bounded  and  described  as  fol- 
lows :  —  All  the  premises  shown  on  a  plan  prepared  by  the 
Massachusetts  Department  of  Natural  Resources,  Division 
of  Forests  and  Parks,  entitled,  "Dighton  Rock  State  Park, 
Berkley,  Massachusetts,  Proposed  Plan  for  Development  of 
Site..  Scale  1"  —  200',  Date  Jan.  31,  1955,"  that  are  situated 
within  the  lines  marked  on  said  plan,  Existing  Property 
Line  and  Proposed  Property  Line,  including  land  extending 
northwesterly  to  the  extreme  low  water  hne  of  Taunton 
river. 

Section  2.  For  the  purposes  of  this  act  there  may  be 
expended  by  the  department  of  natural  resources  such  sums 
as  may  be  available  or  may  be  appropriated  therefor. 

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

Approved  July  IS,  1955. 


Chap. 539  An  Act  imposing  additional  penalties  upon  persons 

WHO    SEEK   TO   EVADE    PAYMENT    OF   INCOME   TAXES. 


G.  L.  (Ter. 
Ed.),  62,  §  36, 
etc.,  amended. 

Assessment, 
how  deter- 
mined when 
no  return  is 
filed,  etc. 


G.  L.  (Ter. 
Ed.),  62,  §  56, 
etc.,  amended. 

Penalty  for 
fraudulent 
return,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  L  Chapter  62  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  36,  as  amended  by  section  2 
of  chapter  167  of  the  acts  of  1933,  and  inserting  in  place 
thereof  the  following  section :  —  Section  36.  If  any  person 
who  has  been  notified  by  the  commissioner  that  he  has 
filed  an  incorrect  or  insufficient  return  refuses  or  neglects 
within  twenty  days  after  receiving  such  notice  to  file  a  cor- 
rect or  sufficient  return,  or  if  any  person  fails  to  file  a  re- 
turn in  accordance  with  the  requirements  of  this  chapter, 
or  files  a  fraudulent  return,  the  commissioner  shall  determine 
the  income  of  such  person  taxable  under  this  chapter  accord- 
ing to  his  best  information  and  behef  and  assess  the  same  at 
not  more  than  double  the  amount  so  determined. 

Section  2.  Said  chapter  62  is  hereby  further  amended 
by  striking  out  section  56,  as  amended  by  section  5  of  chap- 
ter 45  of  the  acts  of  1943,  and  inserting  in  place  thereof  the 
following  section :  —  Section  56.  Whoever  files  a  fraudulent 
return  and  whoever  being  required  to  file  a  return  under 
this  chapter  wilfully  fails  to  file  a  return,  shall  be  punished 
by  a  fine  of  not  less  than  one  hundred  nor  more  than  ten 
thousand  dollars,  or  by  imprisonment  for  not  more  than  one 
year,  or  both,  and  shall  forfeit  his  right  to  hold  pubUc  office 
anywhere  within  the  commonwealth  for  such  period,  not  ex- 
ceeding five  years,  as  the  court  determines.  Any  person 
having  filed  an  incorrect  or  insufficient  return,  who  without 
reasonable  excuse  fails  to  file  a  correct  and  sufficient  return 
within  twenty  days  after  receiving  notice  from  the  commis- 
sioner of  his  delinquency,  shall  be  punished  as  provided  in 
this  section.  Any  person  filing  a  fraudulent  return  of  in- 
terest deduction  under  section  three,  or  giving  fraudulent 
information  under  said  section  or  section  four  to  the  com- 


Acts,  1955. —  Chap.  540.  439 

missioner  relative  to  any  deduction  given  by  section  two, 
shall  be  punished  as  provided  in  this  section. 

Approved  July  IS,  1955. 

An  Act  abolishing  the  old  age  assistance  fund  and  Qhart  54Q 

AUTHORIZING    PAYMENTS    FOR    OLD    AGE    ASSISTANCE    FROM  ^' 

THE    GENERAL   FUND. 

Be  it  enacted  J  etc.,  as  follows: 

Section  1.    Chapter  118A  of  the  General  Laws  is  hereby  o.  l.  (Ter. 
amended  by  striking  out  section  11,  as  amended  by  chapter  fti'eVc^"^' 
681  of  the  acts  of  1945,  and  inserting  in  place  thereof  the  amended'.' 
following  section:  —  Section  11.     Cities  and  towns  shall  be  Keimburse- 
reimbursed  by  the  commonwealth  as  provided  in  section  ^e'^asdstance 
eight  of  this  chapter  for  assistance  given  to  aged  persons  from  General 
under  the  provisions  of  this  chapter  from  funds  appropriated  TutWized. 
therefor  from  the  General  Fund. 

Section  2.    Chapter  128A  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  15,  as  most  recently  amended  §  15;  l^^^' 
by  chapter  319  of  the  acts  of  1948,  and  inserting  in  place  amended.' 
thereof  the  following  section:  —  Section  15.     The  receipts  Receipts  for 
paid  into  the  state  treasury  under  this  chapter  shall  be  alfce^credlted" 
credited  to  the  General  Fund  except  that  so  much  of  such  *«  t^e  General 
payments  as  are  made  under  section  five  by  licensees  con- 
ducting racing  meetings  in  connection  with  a  state  or  county 
fair  shall  be  held  as  a  separate  fund  for  use  in  carrying  out 
the  provisions  of  paragraph  (/)  of  section  tw^o  of  chapter  one 
hundred  and  twenty-eight. 

Section  3.     Section  27  of  chapter  138  of  the  General  g- l.  (Ter 
Laws,  as  most  recently  amended  by  section  2  of  chapter  625  etc!, 'amended. ' 
of  the  acts  of  1947,  is  herebj''  amended  by  striking  out  the 
first  sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  All  fees  for  licenses  and  permits  authorized  to  be  Revenue  from 
granted  by  the   commission  under  this  chapter,   and   all  saieofaico- 
moneys  payable  under  section  twentj'-one,  shall  be  paid  into  distribution  of.' 
the  state  treasury  and  shall  be  credited  to  the  General  Fund. 

Section  4.    Chapter  64B  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  10,  as  amended  by  section  81  ^tll'amfndld^' 
of  chapter  654  of  the  acts  of  1953,  and  inserting  in  place 
thereof  the  following  section:  —  Section  10.     All  sums  re-  Revenue  from 
ceived  under  this  chapter  as  excise,  penalties  or  forfeitures,  et(f^'distribu-*^' 
interest,  costs  or  suit  and  fines  shall  be  paid  into  the  treasury  tion  of. 
of  the  commonwealth  and  shall  be  credited  to  the  General 
Fund;  provided,  that  one  third  of  the  sums  received  under 
this  chapter  shall  be  distributed  to  cities  and  towns  on  a 
basis  determined   by   the  commissioner  of  public  welfare 
and  the  state  tax  commission,  to  be  applied  only  to  meet 
their  share  of  assistance  furnished  under  chapter  one  hundred 
and  eighteen  A. 

Section  5.  Section  9  of  chapter  729  of  the  acts  of  1941  is 
hereby  amended  by  striking  out  the  last  sentence  and  in- 
serting in  place  thereof  the  following  sentence:  —  The  pro- 


440  Acts,  1955. —  Chaps.  541,  542. 

ceeds  of  taxes  assessed  under  this  section  shall  be  paid  into 
the  treasury  and  shall  be  credited  to  the  General  Fund. 

Section  6.  Section  9A  of  chapter  729  of  the  acts  of  1941 
is  hereby  amended  by  striking  out  the  last  sentence  and  in- 
serting in  place  thereof  the  following  sentence :  —  The  pro- 
ceeds of  taxes  assessed  under  this  section  shall  be  paid  into 
the  treasury  and  shall  be  credited  to  the  General  Fund. 

Section  7.  This  act  shall  take  effect  on  Jul}''  first,  nine- 
teen hundred  and  fifty-six.  Approved  July  13,  1955. 


Chap. 54:1  An  Act  providing  for  additional  funds  for  the  recon- 
struction  OF  THE   CLINTON   SEWAGE   DISPOSAL  WORKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  meet  the  additional  cost  of  the  project 
authorized  by  chapter  four  hundred  and  sixty-two  of  the 
acts  of  nineteen  hundred  and  fifty-four,  there  is  hereby  ap- 
propriated from  the  Metropolitan  District  Commission 
Funds  the  sum  set  forth  in  section  two  of  this  act,  to  be 
assessed  bj?"  methods  fixed  by  law. 

Section  2. 

Metropolitan  Water  System. 

8902-80  For  the  reconstruction  of  certain  sewage  dis- 
posal works  in  the  town  of  Clinton,  to  be 
in  addition  to  the  amount  appropriated  in 
section  three  of  chapter  four  hundred  and 
sixty-two  of  the  acts  of  nineteen  hundred 
and  fifty-four;  provided,  that  the  provi- 
sions of  section  thirty  A  of  chapter  seven  of 
the  General  Laws  shall  not  apply  to  ex- 
penditures made  from  this  item;  appro- 
priation expires  June  thirtieth,  nineteen 
hundred  and  fifty-nine     ....         $70,000  00 

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

Approved  July  14,  1955. 

Chap.542  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  to 

preamble.  defeat  its  purpose,  which  is  to  provide  immediately  for  the 
relief  of  the  disaster  caused  by  the  hurricanes  of  August 
thirty-first  and  September  eleventh,  nineteen  hundred  and 
fifty-four,  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  folloios: 

Section  1.  Subparagraph  (3)  of  section  1  of  chapter  689 
of  the  acts  of  1954  is  hereby  amended  by  inserting  after  the 
word  "commissions",  in  line  3,  the  words:  —  and,  in  addi- 


Acts,  1955. —  Chap.  543.  441 

tion,  for  the  fiscal  year  nineteen  hundred  and  fifty-six  of  the 
division  of  waterways  in  the  department  of  public  works,  — 
so  as  to  read  as  follows :  — 

(3)  To  reimburse  the  appropriation  accounts  available  for 
the  fiscal  j^ear  nineteen  hundred  and  fifty-five  of  the  several 
other  state  departments,  boards  and  commissions  and,  in 
addition,  for  the  fiscal  year  nineteen  hundred  and  fifty-six 
of  the  division  of  waterways  in  the  department  of  public 
works,  such  amounts  as,  in  the  opinion  of  the  commission  are 
necessary  and  have  been  expended  therefrom  for  purposes  of 
disaster  relief  or  repair  of  hurricane  damage,  including  the 
expense  of  the  services  of  national  guard  units  duly  called 
for  service  in  the  stricken  areas  ; 

Section  2.  This  act  shall  take  effect  July  first,  nineteen 
hundred  and  fifty-five.  Approved  July  14,  1955. 


An  Act  providing  for  the  funding  of  overlay  deficits  Qhav  543 

AND    OTHER   ITEMS   BY   THE    CITY    OF   REVERE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Revere,  for  the  purposes  specified 
in  section  two,  may  incur  indebtedness  to  an  amount  not 
exceeding  three  hundred  and  ninety  thousand  dollars,  and 
may  issue  bonds  or  notes  therefor  which  shall  bear  on  their 
face  the  words,  City  of  Revere  Funding  Loan,  Act  of  1955. 
Said  loan  shall  be  paid  in  not  more  than  five  years  from  the 
date  of  issue.  Indebtedness  incurred  under  this  section  shall 
be  outside  the  limit  of  indebtedness  established  in  section 
ten  of  chapter  forty-four  of  the  General  Laws  but,  except 
as  herein  provided,  shall  be  subject  to  the  provisions  of  said 
chapter  forty-four,  exclusive  of  the  limitation  contained  in 
the  first  paragraph  of  section  seven  thereof;  provided,  how- 
ever, that  a  sum  of  not  less  than  ten  thousand  nine  hundred 
and  fifty-nine  dollars  and  seventy-one  cents  shall  be  raised 
by  taxation  in  the  current  year. 

Section  2.  Amounts  borrowed  under  authority  of  sec- 
tion one,  in  addition  to  the  amount  therein  required  to  be 
raised  by  taxation,  shall  be  used  for  meeting  deficits  ag- 
gregating four  hundred  thousand  nine  hundred  and  fifty- 
nine  dollars  and  seventy-one  cents,  consisting  of  overlay 
deficits  on  account  of  abatements  granted  on  levies  during 
the  years  nineteen  hundred  and  forty-seven  to  nineteen  hun- 
dred and  fifty-four,  both  inclusive,  of  ninety-one  thousand 
four  hundred  and  sixty-three  dollars  and  fifty-four  cents; 
a  revenue  deficit  for  the  year  nineteen  hundred  and  fifty- 
four  of  three  hundred  and  nine  thousand  four  hundred  and 
ninety-six  dollars  and  seventeen  cents. 

Section  3.  Notwithstanding  the  provisions  of  any  gen- 
eral law  to  the  contrary,  the  action  of  the  city  of  Revere  in 
exceeding  appropriations  during  the  year  nineteen  hundred 
and  fifty-four,  aggregating  two  hundred  and  thirty-seven 
thousand  five  hundred  and  thirteen  dollars  and  eighty-two 


442  Acts,  1955.  —  Chaps.  544,  545. 

cents,  is  hereby  validated  and  confirmed  as  though  such 
overdrafts  were  incurred  in  accordance  with  law,  and  the 
assessors  of  the  city  of  Revere  are  hereby  authorized  and 
directed  to  include  said  amount  of  overdrafts  in  the  aggre- 
gate required  to  be  raised  by  taxation  in  the  current  year. 
Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  14,  1955. 

Chap. 54:4:  An  Act  providing  for  the  leasing  of  certain  land  in 

THE  towns  of  NEWBURY,  ROWLEY  AND  IPSWICH  FROM 
THE  FISH  AND  WILDLIFE  SERVICE  OF  THE  UNITED  STATES 
DEPARTMENT   OF   THE    INTERIOR. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  natural  resources  is  hereby 
authorized  to  lease  from  the  Fish  and  Wildhfe  Service  of  the 
United  States  Department  of  the  Interior  certain  land  in 
the  towns  of  Newbury,  Rowley  and  Ipswich,  from  the  ter- 
minus of  Sunset  avenue,  thence  southerly  for  a  distance 
not  to  exceed  four  and  one  half  miles  and  not  to  exceed 
eighty  feet  in  width. 

Section  2.  Said  department  of  natural  resources,  in  con- 
junction with  the  department  of  public  works,  is  hereby  au- 
thorized to  construct  a  road  approximately  four  miles  from 
the  northern  boundary  of  the  Federal  Reservation  to  the 
camp  of  the  Camp  Sea  Haven  for  Infantile  Paralysis,  Inc. 

Section  3.  For  the  purpose  of  carrying  out  the  provi- 
sions of  this  act,  the  department  of  natural  resources  may 
expend  such  sums  as  may  be  appropriated  therefor. 

Approved  July  14,  1955. 

Chap. 545  An  Act  making  certain  changes  in  the  administration 

OF  the  income  tax  law. 

Be  it  enacted,  etc.,  as  follows: 

E'dr)'62%'43        Chapter  62  of  the  General  Laws  is  hereby  amended  by 

etc!, 'amended!    Striking  out  scctiou  43,  as  most  recently  amended  by  chapter 

269  of  the  acts  of  1954,  and  inserting  in  place  thereof  the 

f^?Stement    foUomng  sectwu  i  —  Scction  43.     Any  person  who  beheves 

of  personal        that  he  has  been  over-assessed  on  any  tax  imposed  by  this 

regulated.  '       chapter  may  apply  in  writing  to  the  state  tax  commission, 

hereinafter  called  the  commission,  on  a  form  prescribed  by  it 

for  an  abatement  of  any  such  excess  in  assessment  of  a  tax 

at  any  time  within  three  years  from  the  last  day  for  filing 

the  return  required  by  this  chapter,  or  within  one  year  after 

the  date  of  such  over-assessment,  whichever  occurs  later. 

If  after  hearing,  or  otherwise,  the  commission  finds  that  the 

tax  assessed  exceeds  the  tax  due  it  shall  abate  such  excess. 

If  the  over-assessment  has  been  paid,  the  state  treasurer 

shall  repay  to  the  person  who  paid  the  same  the  tax  assessed 

on  such  over-assessment  with  interest  thereon  at  the  rate 

of  three  per  cent  per  annum  from  the  time  it  was  paid.    The 


Acts,  1955.  —  Chaps.  546,  547.  443 

commission  shall  notify  the  applicant  by  registered  mail  of 
its  decision  upon  the  application  for  abatement. 

Approved  July  14,  1955. 

An  Act  making  permanent  certain  temporary  positions  Chap.5AQ 

IN   THE    government    OF   THE    COMMONWEALTH. 

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

Notwithstanding  the  provisions  of  section  six  of  the  gen- 
eral appropriation  act  for  the  fiscal  year  nineteen  hundred 
and  fifty-sLx,  or  of  any  provision  of  any  supplementary 
appropriation  act  for  the  fiscal  year  nineteen  hundred  and 
fifty-six,  the  number  of  permanent  positions  duly  approved 
with  reference  to  each  item  thereby  appropriated  for  per- 
sonal services  shall  be  increased  to  include,  in  each  case, 
every  year-round  temporary  position  (1)  for  which,  for  a 
continuous  period  of  three  years  or  more  past  from  January 
first,  nineteen  hundred  and  fifty-five,  compensation  has  been 
duly  paid  or  authorized  under  the  same  or  a  like  item  in 
prior  appropriation  acts,  and  (2)  which  exists  in  connection 
with  the  maintenance  of  any  agency  of  the  commonwealth 
established,  or  the  performance  of  any  service  by  the  com- 
monwealth required  or  provided  for,  by  virtue  of  any  gen- 
eral act  the  operation  of  which  is  not  expressly  limited  as  to 
time.  The  director  of  personnel  shall,  by  title  and  code 
number  and  subject  to  approval  of  the  commission  on  ad- 
ministration and  finance,  certify  to  the  budget  commissioner, 
the  comptroller,  the  director  of  ci\'il  service,  each  appointing 
authority  concerned,  and  the  house  and  senate  committees 
on  waj's  and  means,  each  such  position  to  be  so  included. 

The  provisions  of  this  act  shall  not  apply  to  any  present 
or  future  temporary  position  created  by  any  general  or 
special  act  the  operation  of  which  is  expressly  limited  as  to 
time,  nor  for  any  such  position  in  a  service  which  by  its 
nature  or  intent  is  temporary.        Approved  July  14,  1955. 

An  Act  relative  to  establishing  a  memorial  to  calvin  Chav.b^l 

COOLIDGE  IN  the  FORBES  LIBRARY  IN  THE  CITY  OF   NORTH- 
AMPTON. 

lie  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  established,  under  the  super- 
vision and  with  the  approval  of  the  state  librarian,  in  the 
Forbes  Library  in  the  city  of  Northampton,  a  room  to  be 
known  as  the  Calvin  Coolidge  >Iemorial  Room  in  memory 
of  a  distinguished  citizen  who  served  this  commonwealth  as 
a  legislator,  president  of  the  senate,  lieutenant  governor  and 
governor,  and  the  nation  as  vice-president  and  president. 

Section  2.  For  the  purposes  of  carrying  out  the  provi- 
sions of  section  one  the  commonwealth  shall  reimburse  the 
city  of  Northampton  such  sums  not  exceeding  thirty-two 
thousand  dollars  as  may  be  appropriated  therefor. 


444 


Acts,  1955. —  Chaps.  548,  549. 


Section  3.  Money  received  by  the  city  of  Northampton 
from  the  commonwealth  under  section  two  may  be  expended 
by  the  city  of  Northampton  for  the  purposes  specified  in 
section  one  without  further  appropriation  by  the  city  gov- 
ernment notwithstanding  the  provisions  of  section  fifty-three 
of  chapter  forty-four  of  the  General  Laws. 

Approved  July  I4,  1955. 


Chap. 54:8  An  Act  relative  to  department  requests  for  capital 

OUTLAY    projects. 


G.  L.  (Ter. 
Ed.),  7,  §  30H, 
etc.,  amended. 


Preparation 
and  submission 
of  requests  for 
construction, 
etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  30H  of  chapter  7  of  the  General  Laws,  inserted 
by  section  5  of  chapter  612  of  the  acts  of  1953,  is  hereby 
amended  by  inserting  after  the  first  sentence  the  following 
sentence:  —  Each  such  request  shall  include  a  statement  of 
the  estimated  annual  operating  and  maintenance  cost  of  the 
facilities  to  be  constructed,  and  shall  indicate  whether  such 
facilities  are  to  replace  existing  structures  or  to  provide 


additional  space. 


Approved  July  I4,  1955. 


Chap. 54:9  An  Act  relative  to  the  time  or  making  certain  assess- 
ments  OF  CORPORATION  TAXES. 


G.  L.  (Ter. 
Ed.),  63,  §44, 
etc.,  amended. 


Assessment 
of  tax. 


G.  L.  (Ter. 
Ed.).  63,  §  45, 
etc.,  amended. 


Assessment  of 
additional  tax. 


G.  L.  (Ter. 
Ed.),  63,    §46, 
etc.,  amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  44  of  chapter  63  of  the  General  Laws, 
as  most  recently  amended  by  section  7  of  chapter  362  of  the 
acts  of  1936,  is  hereby  further  amended  by  striking  out  the 
last  sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  For  the  purpose  of  verifying  any  such  return 
the  commissioner  may  examine  personally  or  by  deputy  or 
agent  the  books  and  papers  of  the  corporation,  which  shall 
be  open  to  such  officer  for  verification  at  any  time  within 
three  years  after  the  date  the  return  was  filed  or  the  date  it 
was  due,  whichever  occurs  later. 

Section  2.  Section  45  of  said  chapter  63  is  hereby 
amended  by  striking  out  the  first  sentence,  as  most  recently 
amended  by  chapter  505  of  the  acts  of  1950.  and  inserting 
in  place  thereof  the  following  sentence :  —  If  the  commis- 
sioner discovers  from  the  verification  of  a  return,  or  other- 
wise, that  the  full  amount  of  any  tax  due  under  sections 
thirty  to  fifty-one,  inclusive,  or  under  section  sixty-seven, 
has  not  been  assessed,  he  may  assess  the  same,  with  interest 
as  provided  in  section  forty-eight  to  the  date  when  the  addi- 
tional tax  so  assessed  is  required  to  be  paid  hereunder,  first 
giving  notice  to  the  corporation  to  be  assessed  of  his  inten- 
tion, at  any  time  within  three  years  after  the  date  the  return 
was  filed  or  the  date  it  was  due,  whichever  occurs  later ;  and 
a  representative  of  the  corporation  shall  thereupon  have  an 
opportunity,  within  ten  days  after  such  notification,  to  con- 
fer with  the  commissioner  as  to  the  proposed  assessment. 

Section  3.  Section  46  of  said  chapter  63,  as  amended 
by  chapter  193  of  the  acts  of  1954,  is  hereby  further  amended 


Acts,  1955. —  Chap.  550.  445 

by  adding  at  the  end  the  following  sentence:  —  In  the  case  Penalty  for 
of  a  false  or  fraudulent  return  filed  with  intent  to  evade  a  fraudSent  t*ax 
tax  or  of  a  failure  to  file  a  return,  the  commissioner  may  coaptations 
make  an  assessment  at  any  time.     Approved  July  14,  1955. 

An  Act  abolishing  the  board  of  aldermen  and  the  Chap. 560 

COMMON    COUNCIL   AND    ESTABLISHING    A    CITY    COUNCIL   IN 
THE    CITY    OF   MALDEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Commencing  January  first,  nineteen  hundred 
and  fifty-eight,  the  city  council  of  the  city  of  Maiden  shall 
consist  of  eleven  members,  one  member  to  be  elected  from 
each  ward  by  and  from  the  registered  voters  of  that  ward, 
and  the  remaining  members  to  be  elected  by  and  from  the 
registered  voters  of  the  city.  All  members  shall  be  elected 
to  serve  for  two  years  from  the  first  day  of  January  following 
their  election  and  until  their  successors  are  qualified.  Said 
council  shall  elect  annually  one  of  its  members  as  its  presi- 
dent. 

Section  2.  Candidates  for  city  council  shall  be  nominated 
in  accordance  with  section  fifty-five  of  chapter  fifty-three  of 
the  General  Laws. 

Section  3.  If  at  any  time  a  vacancy  occurs  in  the  city 
council  from  any  cause,  the  city  clerk  shall  forthwith  notify 
the  city  council  thereof;  and  within  fifteen  days  after  such 
notification,  the  remaining  city  councillors  shall  choose,  as 
city  councillor  for  the  unexpired  term,  whichever  of  the  de- 
feated candidates  for  the  office  of  city  councillor  at  the  regular 
municipal  election  at  which  city  councillors  were  elected  for 
the  term  and  office  in  which  the  vacancy  occurs,  who  is 
eligible  and  willing  to  serve,  received  the  highest  number  of 
votes  at  such  election,  or,  if  there  is  no  such  defeated  candi- 
date eligible  and  willing  to  serve,  a  registered  voter  of  the 
city  duly  qualified  to  vote  for  the  office  of  city  councillor  in 
which  the  vacancy  occurs.  If  at  a  regular  municipal  elec- 
tion there  is  a  failure  to  elect  a  city  councillor,  or  if  a  person 
elected  city  councillor  at  such  election  dies  or  resigns  before 
taking  office,  the  city  clerk  shall,  as  soon  as  conveniently  may 
be  after  the  remaining  city  councillors-elect  take  office, 
notify  the  city  council  of  such  failure  to  elect,  death  or  resig- 
nation; and  within  fifteen  days  after  such  notification,  the 
members  thereof  shall  choose,  as  citj''  councillor  for  the  un- 
expired term,  whichever  of  the  defeated  candidates  for  the 
office  of  city  councillor  at  such  election,  who  are  eligible  and 
willing  to  serve,  received  the  highest  number  of  votes  at  such 
election  for  the  office  in  which  the  vacancy  occurs,  or,  if 
there  is  no  such  defeated  candidate  eligible  and  willing  to 
serve,  a  registered  voter  of  the  city  duly  qualified  to  vote  for 
a  candidate  for  the  office  of  city  councillor  in  which  the 
vacancy  occurs.  If  in  any  of  the  aforesaid  events  a  choice  is 
not  made  as  hereinbefore  provided  within  fifteen  days  after 
notification  of  the  city  council  by  the  city  clerk,  the  choice 


446  Acts,  1955.  —  Chap.  551. 

shall  be  made  by  the  mayor,  or,  if  there  is  no  mayor,  by  the 
city  councillor  senior  in  length  of  service,  or,  if  two  or  more 
councillors  have  the  same  length  of  service,  by  the  city 
councillor  senior  both  in  age  and  length  of  service. 

Section  4.  The  city  council  elected  under  and  in  ac- 
cordance with  the  provisions  of  this  act  shall  be  the  la^^'ful 
successor  to  the  board  of  aldermen  and  common  council 
holding  office  next  prior  to  January  first,  nineteen  hundred 
and  fifty-eight,  and  shall  exercise  all  the  powers  and  privileges 
conferred,  and  shall  be  subject  to  the  duties  and  obligations 
imposed  by  chapter  one  hundred  and  sixty-nine  of  the  acts 
of  eighteen  hundred  and  eighty-one,  and  acts  in  amendment 
thereof  and  in  addition  thereto. 

Section  5.  So  much  of  chapter  one  hundred  and  sixty- 
nine  of  the  acts  of  eighteen  hundred  and  eighty-one  and  acts 
in  amendment  thereof  and  in  addition  thereto  as  are  in- 
consistent herewith  are  hereby  repealed. 

Section  6.  This  act  shall  be  submitted  for  acceptance  to 
the  registered  voters  of  the  city  of  Maiden,  at  the  municipal 
election  to  be  held  in  the  current  year,  in  the  form  of  the 
following  question  which  shall  be  placed  upon  the  official 
ballot  to  be  used  at  said  election:  —  "Shall  an  act  passed  by 
the  General  Court  in  the  current  year,  entitled  'An  Act 
abolishing  the  Board  of  Aldermen  and  the  Common  Council 
and  establishing  a  City  Council  in  the  City  of  Maiden',  be 
accepted?"  If  a  majority  of  the  votes  cast  on  said  question 
are  in  the  affirmative  this  act  shall  take  full  effect. 

Approved  July  14,  Woo. 

Chap. 551  An  Act  providing  additional  funds  to  cover  the  cost 

OF  CERTAIN  SEWERAGE  WORKS  WITHIN  THE  SOUTH  METRO- 
POLITAN  SEWERAGE    DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  carrying  out  the  construc- 
tion authorized  by  chapter  five  hundred  and  twenty-seven 
of  the  acts  of  nineteen  hundred  and  fifty-one,  chapter  six 
hundred  and  forty-two  of  the  acts  of  nineteen  hundred  and 
fifty-three  and  chapter  five  hundred  and  eighty  of  the  acts 
of  nineteen  hundred  and  fifty-four,  the  metropolitan  dis- 
trict commission  may  expend  in  addition  to  the  amounts 
authorized  by  said  chapters  a  sum  not  exceeding  one  mil- 
lion dollars. 

Section  2.  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  sub- 
ject 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  dollars 
in  addition  to  the  amount  of  such  bonds  heretofore  author- 
ized by  said  chapter  five  hundred  and  twenty-seven  of  the 
acts  of  nineteen  hundred  and  fifty-one,  chapter  six  hundred 


Acts,  1955.  —  Chap.  552.  447 

and  forty-two  of  the  acts  of  nineteen  hundred  and  fifty-thretj 
and  chapter  five  hundred  and  eighty  of  the  acts  of  nineteen 
hundred  and  fifty-four.  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  years  not  exceeding  thirty  years 
from  the  date  of  issue  as  may  be  recommended  by  the  gov- 
ernor in  accordance  with  section  3  of  Article  LXII  of  the 
amendments  to  the  constitution  of  the  commonwealth,  and 
shall  bear  interest  at  such  rate  as  shall  be  fixed  by  the  state 
treasurer  with  the  approval  of  the  governor. 

Section  3.  The  interest  and  serial  bond  requirements  on 
account  of  the  moneys  expended  for  the  south  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  hun- 
dred 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  pro- 
visions of  chapter  ninety-two  of  the  General  Laws,  relative 
to  such  system. 

Section  3 A.  For  the  purpose  of  determining  the  ad- 
mission fee  of  any  city  or  town  entering  either  the  north  or 
south  metropolitan  sewerage  system  on  or  after  October 
first,  nineteen  hundred  and  fifty-one,  notwithstanding  any 
general  or  special  act  to  the  contrary,  the  commission  shall 
use  the  proportion  which  the  valuation  of  any  said  city  or 
town  for  the  year  of  entry  bears  to  the  total  valuation  of 
cities  or  towiis  previously  admitted  to  membership  in  either 
of  said  districts  whether  or  not  any  of  said  cities  or  towns 
have  paid  any  assessments  or  fees. 

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

Approved  July  18,  1955. 

An  Act  authorizing  the  department  of  public  safety  Cha7).552 

to     provide     police     service     for    the     MASSACHUSETTS 
turnpike    AUTHORITY. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  to  pro\dde  forthwith  for  the  pr<-'»mbie. 
effective  policing  of  the  IMassachusetts  turnpike,  or  portion 
thereof,  by  the  state  police,  therefore  this  act  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  L     Chapter  22  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  9F,  inserted  by  section  fj^gof I'h,^'' 
1    of  chapter  474  of  the   acts  of   1953,  the  following  two  added! 
sections :  —  Section  9G.     The  commissioner  is  hereby  author-  commissioner 
ized  and  directed  to  enter  into  an  agreement  with  the  Massa-  {folfce^ervL 

to  Authority. 


448 


Acts,  1955. —  Chap.  552. 


state  police 
force  may  be 
assigned  to 
Authority. 


chusetts  Turnpike  Authority  for  police  service  to  be  fur- 
nished to  the  Authority  b}^  the  department.  Said  agreement 
shall  fix  the  legal  responsibility  pertaining  to  the  operation 
and  maintenance  of  such  service  and  shall  include,  among 
other  provisions,  a  provision  for  payments  to  the  common- 
wealth for  the  cost  of  retirement,  compensation  of  injured 
officers,  sick  leave,  or  other  employee  benefits,  and  a  mini- 
mum allowance  for  departmental  supervision.  Said  agree- 
ment shall  also  include  a  provision  that  all  expenses  incurred 
by  the  department  in  supplying  such  police  service  shall, 
upon  proper  requisition,  be  paid  by  the  Authority  as  such 
expenses  are  incurred. 

Section  9H.  The  commissioner  may  appoint  and  organize 
a  state  police  force  of  such  size  as  he  and  the  Authority  may 
agree  upon,  in  addition  to  any  other  force  authorized  by  law, 
to  be  assigned  to  the  Massachusetts  Turnpike  Authority  to 
meet  the  requirements  of  section  fifteen  of  chapter  three 
hundred  and  fifty-four  of  the  acts  of  nineteen  hundred  and 
fifty-two.  The  officers  of  the  state  police  force,  so  appointed 
and  so  assigned,  shall  have  the  same  powers  and  be  subject 
to  the  same  qualifications,  orders  or  restrictions  as  officers 
appointed  under  the  provisions  of  section  nine  A  of  chapter 
twenty-two;  provided,  however,  that,  during  such  assign- 
ment and  except  as  the  commissioner  shall  determine  that 
an  emergency  exists  or  is  threatened,  such  officers,  in  the  per- 
formance of  their  duties,  shall  be  subject  to  the  operational 
control  of  the  Authority  and  a  superintendent  or  assistant 
superintendent  of  police  of  the  Authoritj''  who  shall  be  ap- 
pointed by  the  Authority,  but  shall  at  all  times  be  under 
the  administrative  and  disciplinary  control  of  the  commis- 
sioner. Any  officer,  so  appointed  and  so  assigned,  may  be 
reassigned  to  general  duties  the  same  as  those  officers  ap- 
pointed under  the  provisions  of  said  section  nine  A,  and 
any  officer  appointed  as  provided  in  section  nine  A  may  be 
substituted  by  assignment  for  any  officer  appointed  under 
this  section.  Any  officer  so  appointed,  assigned  or  re- 
assigned shall  for  the  purposes  of  salary,  seniority,  retire- 
ment or  other  rights  be  considered  as  appointed  under  the 
provisions  of  said  section  nine  A,  and  the  assignment  or  re- 
assignment shall  in  no  way  impair  any  rights  to  which  an 
officer  may  be  entitled,  and  such  officer  shall  at  all  times  be 
considered  to  be  an  employee  of  the  commonwealth. 

Any  officer  assigned  to  duty  on  said  turnpike  shall  re- 
ceive his  entire  compensation  during  the  period  of  his  as- 
signment from  the  Authority,  and  the  appointment  and  as- 
signment of  such  officers  by  the  commissioner  shall-  in  no 
way  be  considered  a  violation  of  any  provisions  of  chapter 
twenty-nine.  All  assignments  and  reassignments  to  the 
Authority  hereunder  and  under  section  nine  A,  except  as 
the  commissioner  shall  determine  that  an  emergency  exists 
or  is  threatened,  shall  be  subject  to  the  approval  of  the  Au- 
thority acting  through  its  superintendent  or  assistant  super- 
intendent of  police  appointed  as  provided  above. 


Acts,  1955.  —  Chaps.  553,  554.  449 

Section  2.    Members  of  the  uniformed  branch  of  the  divi-  fj^Ay^^orif'*^'^ 
sion  of  state  police  in  the  department  of  pubHc  safety,  dur-  shaii  be  con- 
ing such  period  or  periods  as  they  may  be  assigned  or  re-  emXyeel^*''*^ 
assigned  to  the  Authority,  under  the  provisions  of  sections 
nine  G  and  nine  H  of  chapter  twenty-two  of  the  General 
Laws,  shall  be  considered  as  employees  of  the  commonwealth 
and  entitled  to  all  rights  and  benefits  accorded  employees  of 
the  commonwealth  under  the  provisions  of  chapter  thirty- 
two  of  the  General  Laws.    The  Authority  is  hereby  author- 
ized and  directed  to  make  such  deductions  as  are  required 
to  be  made  by  said  chapter  thirty-two  and  to  transmit  such 
deductions  monthly,  together  with  a  report  showing  the 
amount  of  regular  compensation  paid  to  and  the  amount 
deducted  from  the  salary  of  each  such  member  for  retire- 
ment purposes,  to  the  state  board  of  retirement. 

Approved  July  18,  1955. 

An  Act  authorizing  the  commonwealth  and  political  (Jfiav  553 

SUBDIVISIONS  thereof  TO   EMPLOY   CERTAIN  NURSES  TEM- 
PORARILY. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^^f^bi"*'*' 
to  defeat  its  purpose,  which  is  to  provide  forthwith  for  the 
temporary  hiring  of  certain  nurses  in  order  to  supplement 
the  shortage  of  nurses  in  certain  institutions  due  to  vaca- 
tions and  other  causes,  and  to  enable  said  institutions  to  be 
promptly  and  properly  staffed,  therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  pubhc  health  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  the  provisions  of  any  general  or  special 
laws  to  the  contrary,  a  nurse  who  has  terminated  her  service 
and  withdrawn  her  accumulated  deductions  from  the  annuity 
savings  fund  of  the  retirement  system  may,  if  no  civil  serv- 
ice list  is  available  from  which  appointments  can  be  made, 
be  re-emplo3'ed  in  the  governmental  unit  in  which  she  was 
formerly  employed  for  a  period  of  thirty  days  and  such  addi- 
tional periods  of  thirty  days  as  may  be  necessary  until  such 
a  list  becomes  available.  A  person  so  employed  shall  not 
be  required  to  make  any  payments  of  money  withdrawn  from 
the  annuity''  savings  fund  of  the  retirement  system  or  to 
pay  any  deductions  into  said  fund  while  so  employed,  and 
shall  not  receive  any  credit  for  such  service  in  any  retire- 
ment system  or  for  any  pension  purpose. 

Approved  July  18,  1955. 

An  Act  to  restore  the  pension  rights  to  the  members  Chav-^^^ 

OF  the   general   COURT    AND   THE    CONSTITUTIONAL    OFFI- 

CERS. 

Whereas,    The  deferred  operation  of  this  ^ct  would  tend  preamble"'' 
to  defeat  its  purpose,  which  is  in  part  to  correct  an  injustice 
and  to  make  available  immediately  the  benefits  provided 


450  Acts,  1955.  —  Chap.  554. 

for  thereunder  to  certain  former  employees,  therefore  it  is 
hereby  declared  to  be  an  emergency  law  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Section  eight  of  chapter  six  hundred  and 
thirty-four  of  the  acts  of  nineteen  hundred  and  fifty-two  is 
hereby  repealed. 

Section  2.  Any  member  or  former  member  of  the  gen- 
eral court  or  any  constitutional  officer  or  former  constitu- 
tional officer,  who  became  a  member  of  the  state  employees' 
retirement  system  under  the  provisions  of  chapter  six  hun- 
dred and  sixty  of  the  acts  of  nineteen  hundred  and  forty- 
seven,  who  has  paid  into  the  annuity  savuigs  fund  of  said 
system  the  full  amount  specified  in  said  chapter  or  on  or 
before  January  first,  nineteen  hundred  and  iifty-six,  pays 
into  said  fund  an  amount  equal  to  the  amount  required 
when  he  became  a  member  for  service  rendered  by  him  as  a 
member  of  the  general  court  or  as  a  constitutional  officer 
prior  to  the  time  he  became  eligible  to  membership  in  said 
system  or  entitled  to  credit  for  such  service,  and  any  present 
member  of  the  general  court  or  present  constitutional 
officer,  v/ho  on  or  before  January  first,  nineteen  hundred 
and  fifty-six,  pays  in  full  for  such  service,  shall  be  credited 
under  chapter  thirty-two  of  the  General  Laws,  for  all  services 
rendered  by  him  as  a  member  of  the  general  court  or  as  a 
constitutional  officer  prior  to  July  first,  nineteen  hundred 
and  forty-seven,  and  such  member  or  officer  shall  be  credited 
for  all  ser\dce  rendered  by  him  as  a  member  of  the  general 
court  or  as  a  constitutional  officer  subsequent  to  July  first, 
nineteen  hundred  and  forty-seven,  when  he  has  deposited  in 
the  annuity  savings  fund  of  said  S3''stem  or  in  the  system 
of  which  he  is  a  member  the  amounts  required  to  be  paid 
into  said  fund  under  the  provisions  of  sections  three,  four 
or  twenty-two  of  said  chapter  thirty-two,  as  the  case  may 
be,  and  such  member  or  officer  shall  upon  his  retirement 
receive  a  yearly  retirement  allowance  to  be  determined  in 
accordance  with  the  provisions  of  sections  one  to  twenty- 
eight,  inclusive,  of  said  chapter  thirty-two.  Any  such  mem- 
ber or  officer  whose  service  was  terminated  prior  to  the 
effective  date  of  this  act,  who  has  attained  the  minimum 
retirement  age  and  who  is  otherwise  eligible,  shall,  upon  his 
written  application  filed  with  the  state  board  of  retirement 
at  any  time  after  said  effective  date,  receive  a  yearly  retire- 
ment allowance  to  be  determined  in  accordance  with  the 
provisions  of  said  sections  one  to  twenty-eight,  inclusive,  of 
said  chapter  thirty-two;  provided,  his  accumulated  total 
deductions  have  not  been  withdrawn. 

The  retirement  allowance  of  any  former  member  of  the 
general  court  or  any  former  constitutional  officer  who  has 
been  retired  prior  to  the  effective  date  of  this  act  and  whose 
retirement  allowance  or  the  allowance  payable  to  any  widow 
or  other  survivor  of  such  former  member  or  officer  was 


Acts,  1955.  — Chap.  554.  451 

abolished  or  reduced  by  section  eight  of  chapter  six  hundred 
and  thirty-four  of  the  acts  of  nineteen  hundred  and  fifty- 
two  shall  be  recomputed  in  accordance  with  the  provisions 
of  sections  one  to  twenty-eight,  inclusive,  of  chapter  thirty- 
two  of  the  General  Laws,  and  said  recomputation  shall  be 
effective  as  of  the  date  of  the  abolition  or  reduction  of  such 
allowance. 

The  retirement  allowance  of  any  former  member  of 
the  general  court  or  any  former  constitutional  officer, 
who  has  been  retired  prior  to  the  effective  date  of  this  act 
as  a  result  of  service  other  than  as  a  member  of  the  general 
court  or  as  a  constitutional  officer  and  who  did  not  receive 
credit  for  such  service  in  the  computation  of  his  retirement 
allowance,  shall  be  recomputed  as  of  the  effective  date  of 
his  retirement  to  include  such  service  as  a  member  of  the 
general  court  or  as  a  constitutional  officer  if  the  regular 
deductions  from  the  regular  compensation  for  such  service 
have  been  paid  into  the  annuity  savings  fund  of  the  retire- 
ment system  as  required  by  the  provisions  of  chapter  six 
hundred  and  sixty  of  the  acts  of  nineteen  hundred  and  forty- 
seven  and  as  required  by  the  provisions  of  sections  three, 
four  or  twentj'-two  of  said  chapter  thirty-two,  as  the  case 
may  be.  In  the  case  of  any  deceased  member  whose  service 
terminated  before  the  effective  date  of  this  act,  the  widow 
or  other  eligible  beneficiarj''  of  such  member  shall,  upon  a 
written  application  filed  wdth  the  state  board  of  retirement 
at  any  time  after  the  effective  date  of  this  act  receive  the 
stipulated  yearly  allowance  for  sur\ivors  to  be  determined 
in  accordance  with  the  provisions  of  sections  one  to  twenty- 
eight,  inclusive,  of  said  chapter  thirty-two;  provided,  the 
accumulated  total  deductions  of  such  deceased  member  has 
not  been  withdrawn.  Such  allowance  payable  to  any  such 
widow  or  other  eligible  beneficiary  shall  be  effective  as  of 
the  date  of  death  of  such  former  member. 

Section  3.  Notwithstanding  any  other  provisions  of 
law,  any  present  member  of  the  general  court  or  any  present 
constitutional  officer  may,  on  or  before  January  first,  nine- 
teen hundred  and  fifty-six,  upon  his  written  request  on  a 
prescribed  form  filed  with  the  state  board  of  retirement, 
elect  not  to  become  or  not  to  be  a  member  of  the  state  em- 
ployees' retirement  system,  and  shall  thereupon  be  paid 
the  accumulated  total  deductions,  if  any,  credited  to  his 
account  in  the  annuity  savings  fund  of  said  system,  and 
such  member  or  officer  shall  not  be  credited  with  any  ser^dce 
rendered  by  him  as  a  member  of  the  general  court  or  as  a 
constitutional  officer  in  any  retirement  system  established 
under  the  provisions  of  sections  one  to  twenty-eight,  in- 
clusive, of  chapter  thirty-two  of  the  General  Laws,  and  no 
deductions  shall  be  made  from  his  regular  compensation  for 
such  service.  Approved  July  18,  1955. 


452 


Acts,  1955.  — Chaps.  555,  556. 


G.  L.  (Ter. 
Ed.),  16,  new 
§  4A,  added. 

Certain 
supervisory 
positions 
created  in 
department. 


Chap. 555  An  Act  creating  certain  supervisory  positions  in  the 

DEPARTMENT    OF   PUBLIC   WORKS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  16  of  the  General  Laws  is  hereby  amended  by 
inserting  after  section  4  the  following  section:  —  Section  JfA. 
The  commissioner  shall,  subject  to  the  approval  of  a  ma- 
jority of  the  board  of  commissioners  of  public  works,  ap- 
point a  chief  engineer,  a  deputy  chief  engineer,  and  three 
assistant  chief  engineers,  and  may  in  like  manner  remove 
them.  Any  person  appointed  to  a  position  authorized  by 
this  section  shall  be  a  person  of  experience  and  skill  as  an 
engineer  in  the  activities  of  the  department,  and  shall  be 
chosen  from  the  employees  who  hold  an  office  or  position 
with  permanent  status  in  the  department  classified  under 
chapter  thirty-one,  and  he  shall,  upon  termination  of  his 
service  in  said  position  or  at  his  request,  be  restored  to  his 
former  permanent  position  without  loss  of  seniority  or  civil 
ser\dce  rights  therein,  except  that  if  such  termination  shall 
have  been  caused  by  his  delinquencj^,  his  right  to  be  restored 
shall  be  determined  in  accordance  with  section  forty-three 
of  said  chapter  thirty-one. 

During  the  period  of  such  appointment  the  person  so  ap- 
pointed shall  be  eligible  to  take  any  competitive  promo- 
tional examinations  to  which  he  would  have  otherwise  been 
eligible. 

Nothing  herein  shall  be  deemed  to  exempt  the  positions 
named  herein  from  the  classifications  required  by  sections 
forty-five  to  fifty,  inclusive,  of  chapter  thirty,  or  the  rules 
and  regulations  made  thereunder. 

Approved  July  18,  1955. 


Chap. 55^  An  Act  authorizing  the  transfer  by  the  commonwealth 

TO  the  town  of  BARNSTABLE  OF  CERTAIN  LAND  SITUATED 

therein. 

Be  it  enacted,  etc.,  as  follows: 

The  board  of  commissioners  of  the  Massachusetts  Mari- 
time Academy,  on  behalf  of  the  commonwealth,  in  consider- 
ation of  the  sum  of  ten  thousand  dollars  to  be  paid  by  the 
town  of  Barnstable,  is  hereby  authorized  and  directed  to 
convey  by  a  sufficient  deed,  approved  as  to  its  form  by  the 
attorney  general,  a  certain  parcel  of  land  belonging  to  the 
commonwealth,  together  with  buildings  thereon,  to  said  town 
for  municipal  purposes.  The  said  parcel  is  described  as  fol- 
lows: —  a  certain  parcel  of  land  situated  in  Hyannis,  on  the 
east  side  of  Ocean  Street,  bounded  Westwardly  thereby; 
Northwardly  by  ''Snow's  Creek"  (the  center  line  thereof)  as 
it  flows,  irregularly,  eastwardly  from  said  Ocean  Street  to 
"Lewis'  Bay";  Eastwardly  by  said  "Lewis'  Bay";  and 
Southwardly  by  land  of  Miss  Ellen  Reed,  as  marked  by  a 
fence.  Containing  an  area  of  approximately  three  acres, 
more  or  less. 


Acts.  1955.  — Chaps.  557,  558.  559.  453 

The  aforesaid  land  and  buildings  shall  not  be  used  for 
other  than  municipal  purposes  or  for  the  housing  of  agencies 
of  the  commonwealth  unless  specially  authorized  by  the 
general  court.  Appi^oved  July  18,  1955. 

An  Act  providing  for  insect  control  at  straits  pond  Chav.557 
IN  the  towns  of  hull  and  cohasset. 

Be  it  enacted,  etc.,  as  follows: 

The  towns  of  Hull  and  Cohasset  are  hereby  authorized  to 
appropriate  annually  money  for  the  control  of  insect  life  in 
and  about  Straits  pond  in  the  said  to^vns.  The  funds  so 
appropriated  shall  be  forwarded  to  the  state  treasurer  and 
shall  be  expended  under  warrants  drawn  by  the  state  recla- 
mation board  in  a  manner  to  afford  the  greatest  measure  of 
relief.  The  said  board  is  hereby  directed  annually  to  advise 
the  board  of  selectmen  of  each  town  as  to  the  approximate 
cost  of  the  necessary  improvements  and  as  to  the  proportion 
each  of  the  said  towns  shall  pay,  which  maj^  be  apportioned 
in  accordance  with  the  area  of  said  pond  lying  in  each  town. 

Approved  July  18,.  1955. 


ChapMS 


An  Act  relative  to  recreation  areas  in  the  metro- 
politan DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

The  metropohtan  district  commission  is  hereby  author- 
ized and  directed  to  prepare  plans  and  specifications  and 
thereafter  construct  such  recreational  facilities  in  the  Hyde 
Park,  INIattapan,  Roslindale  and  Readville  areas  of  the  met- 
ropolitan district  as  the  commission  deems  necessary  for  the 
healthful  recreation  of  the  citizens  of  said  areas. 

Said  commission  is  further  authorized  and  directed  to  take 
by  eminent  domain  under  chapter  seventy-nine  of  the  Gen- 
eral Laws,  or  acquire  by  purchase  or  otherwise,  as  a  part 
of  the  system  of  metropolitan  parks  under  the  control  of 
said  commission,  land  under  the  control  of  the  city  of  Boston, 
located  in  the  Readville  district  and  known  as  Camp  jNIiegs, 
and  bounded  by  Hyde  Park  avenue,  Stanbro  street,  Irving 
street  and  Clifford  street  and  a  certain  parcel  of  land  lo- 
cated on  the  westerly  and  easterly  side  of  Truman  highway, 
so  called,  in  the  Hyde  Park  district  of  the  city  of  Boston, 
and  to  develop  the  recreational  possibilities  of  the  same. 
For  the  purposes  of  this  act  the  said  commission  may  expend 
such  sums  as  may  be  appropriated  therefor. 

Approved  July  18,  1956. 

An  Act  relative  to  hospital  care  for  tuberculosis  Chap. 559 

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

Section  1.     Section  91   of  chapter  111   of  the  General  Ed)"nr§9i 
Laws,  as  most  recently  amended  by  section  5  of  chapter  538  etc!,  amended. ' 


454 


Acts,  1955. —  Chap.  559. 


Hospital  care 
for  tubercular 
patients  by 
certain  cities 
or  towns . 


G.  L.  (Ter. 
Ed.),  Ill,  §  92, 
amended. 


Maintenance 
of  isolation 
hospitals,  etc. 


Exceptions. 


of  the  acts  of  1954,  is  hereby  further  amended  by  adding  at 
the  end  the  following  paragraph :  — 

Any  city  or  town,  not  excepting  those  in  excess  of  one 
hundred  thousand  population,  which,  on  June  first,  nineteen 
hundred  and  fifty-four,  was  meeting  the  provisions  of  this 
section  and  section  ninety-two  for  the  care  of  tuberculosis 
patients  in  a  hospital  maintained  by  the  city  or  town,  may 
by  contract,  with  the  approval  of  the  department,  provide  for 
such  hospital  care  with  any  other  city  or  town  or  with  any 
county  or  with  the  department  or  with  a  private  charitable 
tuberculosis  sanatorium  or  hospital  as  provided  in  section 
seventy-nine,  and  any  such  city  or  town  contracting  for  such 
care  shall  be  exempt  from  the  payment  of  construction  costs 
of  existing  county  sanatoria. 

Section  2.  Said  chapter  HI  is  hereby  further  amended 
by  striking  out  section  92,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  follomng  section: 
—  Section  92.  Each  city  shall,  and  each  town  may,  and 
upon  request  of  the  department  shall,  establish  and  maintain 
constantly  within  its  limits  one  or  more  hospitals  for  the 
reception  of  persons  having  smallpox,  diphtheria,  scarlet 
fever,  tuberculosis  or  other  diseases  dangerous  to  the  public 
health  as  defined  by  the  department,  unless  there  already 
exists  therein  a  hospital  satisfactory  to  the  department  for 
the  reception  of  persons  ill  with  such  diseases,  or  unless  some 
arrangement  satisfactory  to  the  department  is  made  for  the 
care  of  such  persons.  All  such  hospitals  estabhshed  and  main- 
tained by  cities  and  towns  shall  be  subject  to  the  orders  and 
regulations  of  the  boards  of  health  thereof.  Plans  for  con- 
struction of  such  hospitals  shall  be  approved  by  the  depart- 
ment before  they  are  constructed,  and  the  district  health 
officers  shall  annually  make  such  examination  of  said  hos- 
pitals, and  of  all  other  hospitals,  sanatoria,  asylums,  homes, 
prisons  and  dispensaries,  both  public  and  private,  caring  for 
diseases  dangerous  to  the  public  health,  as  in  the  opinion  of 
the  department  may  be  necessary,  and  report  as  to  their 
condition  and  needs  to  those  responsible  for  their  manage- 
ment. A  city  or  town  which,  upon  the  request  of  the  depart- 
ment, refuses  or  neglects  to  establish  and  maintain  such  a 
hospital  shall  forfeit  not  more  than  five  hundred  dollars; 
provided,  that  if,  in  the  opinion  of  the  boards  of  health  of 
two  or  more  adjoining  municipalities,  such  hospitals  can  ad- 
vantageously be  established  and  maintained  in  common,  the 
authorities  of  the  said  cities  or  towns  may,  subject  to  the 
approval  of  the  department,  enter  into  any  agreements 
deemed  necessary  to  establish  and  maintain  the  same. 

Approved  July  18,  1955. 


Acts,  1955.  — Chaps.  560,  561,  562.  455 


An   Act   relative   to   creditable   service   under   the  QJiq^q  550 
contributory  retirement  law. 

He  it  enacted,  etc.,  as  follows: 

Section  3  of  chapter  32  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  paragraph  (/)  of  subdivision  (6),  J^tl! 'amended, 
as  amended  by  chapter  393  of  the  acts  of  1948,  and  inserting 
in  place  thereof  the  following  paragraph :  — 

(/)  Any  employee  who  last  termmated  his  service  in  any  Reinstatement 
political  subdivision  of  the  commonwealth  before  a  con-  gov^nmentM?^ 
tributory  retirement  system  established  under  the  provi-  ""'*  where  no 

r    ,1   •         1  ,  1  T  ••  c  system  existed. 

sions  01  this  chapter,  or  under  correspondmg  provisions  or 
earlier  laws  or  under  any  special  law,  became  operative  in 
such  political  subdivision  and  who  is  reinstated  to  or  who 
re-enters  the  active  service  of  such  political  subdivision 
after  such  a  system  becomes  operative  therein  shall  become 
a  member  upon  his  re-employment  in  a  position  which  is 
subject  to  the  provisions  of  such  retirement  system.  Upon 
becoming  a  member  he  shall  be  entitled  to  all  creditable 
service  resulting  from  his  previous  employment  in  such 
political  subdivision.  In  no  event  shall  any  such  member 
be  eligible  to  receive  a  superannuation  retirement  allowance 
or  a  termination  retirement  allowance  unless  and  until  he 
shall  have  been  in  active  service  for  at  least  five  years, 
including  any  period  or  periods  of  leave  of  absence  credited 
as  membership  service,  subsequent  to  the  date  of  com- 
mencement of  his  new  employment. 

Approved  Jidy  IS,  1955. 

An  Act  relative  to  uniforms  of  employees  at  institu-  Chav  561 

TIONS  UNDER  THE  CONTROL  OF  THE  DEPARTMENTS  OF 
mental  health  and  PUBLIC  HEALTH. 

Be  it  enacted,  etc.,  as  folloics: 

Any  employee  at  the  institutions  under  the  control  of  the 
departments  of  mental  health  and  public  health  who  is  re- 
quired to  wear  a  uniform  shall  have  any  such  uniform  which 
is  destroyed  or  damaged  because  of  the  violence  of  any 
patient  under  his  care  as  determined  by  the  appointing 
authority  of  said  employee,  replaced  or  repaired  b}^  the 
department  employing  said  employee  free  of  any  charge  to 
such  employee.  Approved  Jnhj  18,  1955. 


An   Act   relative   to    referendum   procedure   in   the 
town  of  fairhaven. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  8  of  chapter  285  of  the  acts  of  1930 
is  hereby  amended  by  striking  out  the  fourth  sentence  and 
inserting  in  place  thereof  the  following  sentence:  —  The 
questions  so  submitted  shall  be  determined  by  a  majority 
vote  of  the  registered  voters  of  the  town  voting  thereon, 


ChapM2 


456  Acts,  1955.  —  Chaps.  563,  564. 

but  no  action  of  the  representative  town  meeting  shall  be 
reversed  unless  at  least  twenty  per  cent  of  the  registered 
voters  shall  vote  to  disapprove  such  action. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  town  meeting  members  present 
and  voting  thereon  at  an  annual  or  special  town  meeting 
called  for  the  purpose.  Approved  July  19,  1955. 

Chap.5Q3  An  Act  providing  for  a  branch  office  of  the  registry 

OF  MOTOR  vehicles  IN  THE  CITY  OF  CHICOPEE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  registrar  of  motor  vehicles  is  hereby 
authorized  to  establish  and  maintain  in  the  city  of  Chicopee 
a  branch  office  of  the  registry  of  motor  vehicles. 

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

Approved  July  19,  1955. 

Chap. 564^  An  Act  to  incorporate  the  greater  Gardner  develop- 
ment CORPORATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  this  act,  unless  the  context  otherwise  re- 
quires, the  following  words  shall  have  the  foUowmg  mean- 
ings: — 

"Corporation",  the  Greater  Gardner  Development  Cor- 
poration, created  by  section  two. 

"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  nine. 

Section  2.  Leo  P.  LaChance,  Gould  H.  Coleman,  For- 
rest E.  Knight,  Luke  A.  LaChance,  Granville  E.  Stanley, 
Joseph  P.  O'Connell,  Harold  E.  Greenwood,  Leonard 
Knitzer,  David  Rice,  F.  Richard  Pierce,  M.D.,  Leonard  B. 
Thompson,  M.D.,  G.  Belhumeur,  M.D.,  T.  J.  Domenici, 
M.D.,  Maxwell  Zager,  Paul  Lemay,  Abraham  Garbose, 
L.  E.  Dolhenty,  Rachel  D.  LeBlanc,  Bernard  L.  Cohen, 
Frank  E.  Noyes,  Otto  Hakkinen,  Robert  H.  Tousignant, 
Thomas  J.  Horrigan,  Arthur  F.  Blackman,  Anthony  P. 
Kraskauskas,  James  J.  Molloy,  Harold  E.  Drake,  Jr., 
Howard  M.  Tipton,  C.  Frederick  Coolidge,  Philip  A.  Bjur- 
ling,  E.  Francis  Fredette,  C.  Raymond  Beauregard,  Axel 
R.  Berg,  WiUiam  S.  Tappin,  Paul  J.  Boulier,  Ralph  W. 
Kelly,  their  associates,  successors,  and  assigns,  are  hereby 
constituted  a  body  corporate  under  the  name  of  Greater 
Gardner  Development  Corporation.  The  corporation  shall 
be  subject  to  and  have  the  powers  and  privileges  conferred 
by  the  provisions  of  chapter  one  hundred  and  fifty-five,  sec- 


Acts,  1955. —  Chap.  564.  457 

tions  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  enacted  or  hereafter  amended, 
except  so  far  as  said  provisions  are  inconsistent  with  or  other- 
wse  restricted  or  limited  by  the  provisions  of  tliis  act. 

Section  3.  The  principal  office  of  the  corporation  shall 
be  located  in  the  city  of  Gardner.  The  corporation  may 
have  offices  in  such  other  places  Avithin  the  vicinity  of  Gard- 
ner as  may  be  fixed  by  the  board  of  directors. 

Section  4.  The  purposes  of  the  corporation  shall  be  to 
promote,  stimulate,  develop  and  advance  the  business  pros- 
perity and  economic  welfare  of  the  city  of  Gardner  and  its 
vicinity,  and  the  citizens  thereof;  to  encourage  and  assist, 
through  loans,  investments  or  other  business  transactions, 
the  location  of  new  business  and  industry  in  the  city  of 
Gardner  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  stability  of  the  city  of  Gardner  and  its  vicinity, 
provide  maximum  opportunities  for  employment,  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  two,  the  coi'poration 
shall,  subject  to  the  restrictions  and  limitations  herein  con- 
tained, have  the  follomng  powers:  — 

(a)  To  purchase,  receive,  hold,  lease  or  otherwise  acquire, 
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  lend  money  on  bonds  secured  by  mortgage  on  real 
or  personal  property. 

(c)  To  erect,  construct,  alter,  maintain  and  improve  in- 
dustrial or  ciidc  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,  ci\dc  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 


458  Acts,  1955.  — Chap.  564. 

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  other- 
wise, with  any  person  or  company  engaged  in  or  about  to 
engage  in  any  business  or  transaction  in  the  city  of  Gardner 
or  its  vicinity,  which  the  corporation  is  authorized  to  en- 
gage 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  accomplishment 
of  the  purposes  herein  provided  for. 

(g)  To  receive  stocks,  bonds,  donations,  gifts  and  to  other- 
wise raise  money  for  the  above  outlined  purposes. 

(h)  To  elect,  appoint  and  employ  officers,  agents  and  em- 
ployees; to  make  contracts  and  incur  liabilities  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  hen  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  governmental 
agencies;  and  to  co-operate  with  and  assist,  and  otherwise 
encourage  any  industrial  organization  in  the  city  of  Gard- 
ner and  its  vicinity,  in  the  promotion,  assistance  and  devel- 
opment 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  5.  The  authorized  capital  stock  of  the  corpora- 
tion shall  consist  of  one  million  shares  of  common  capital 
stock  with  a  par  value  of  five  dollars  each,  which  shares  shall 
be  diAdded  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  capi- 
tal 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  aggregate.  If  such  in- 
dividual, corporation,  estate,  trust,  company,  or  partner- 
ship holds  in  the  aggregate  more  than  five  hundred  shares, 
it  shall  be  required  to  turn  in  the  excess  of  five  hundred  shares 


Acts,  1955. —  Chap.  564.  459 

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, 
company  or  partnership,  shall  not  be  limited  as  to  holdings 
or  purchases  in  Class  B  common  capital  stock  and  shall  be 
entitled  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  divi- 
dends or  profits. 

Section  6.  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 
association,  articles  of  organization,  or  trust  indentures,  all 
domestic  corporations  organized  for  the  purpose  of  carrying 
on  business  within  this  commonwealth,  including  without 
implied  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  contribu- 
tions to  said  corporation,  and  if  owners  of  such  stock  to  exer- 
cise all  the  rights,  powers  and  privileges  of  ownership,  in- 
cluding 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  sixty-eight  of  chapter  one  hundred  and  sixty-eight 
of  the  General  Laws,  section  thirty-five  of  chapter  one  hun- 
dred and  seventy  of  the  General  Laws,  and  by  other  pro- 
visions of  general  or  special  law. 

Section  7.  The  stockholders  shall  have  the  following 
powers  of  the  corporation:  —  (a)  To  determine  the  number 
of  and  elect  directors  as  provided  in  section  nine;  {b)  to  make, 
amend  and  repeal  by-laws;  (c)  to  amend  this  charter  as 
provided  in  section  eight;   icl)  to  dissolve  the  corporation  as 


460  Acts,  1955.  —  Chap.  564. 

provided  in  section  sixteen ;  (e)  to  exercise  such  other  powers 
of  the  corporation  as  may  be  conferred  on  the  stockholders 
by  the  by-laws. 

Section  8.  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 
general  purposes  expressed  herein  or  which  eliminates  or 
curtails  the  right  of  the  commissioner  of  commerce  to  ex- 
amine the  corporation  or  the  obligation  of  the  corporation  to 
make  reports  as  provided  in  section  eleven,  shall  be  made 
without  amendment  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  stock- 
holder 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 
adoption  thereof,  shall  be  submitted  to  the  commissioner  of 
commerce,  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  secre- 
tary 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 
entitled,  any  stockholder  who  has  voted  against  the  ap- 
proval 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,  wdthin 
thirty  days  after  said  meeting,  make  a  written  demand  upon 
the  corporation  for  payment  for  his  stock. 

Section  9.  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 
corporation  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. 


Acts,  1955.  —  Chap.  564.  461 

Section  10.  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  11.  The  corporation  shall  be  subject  to  the  ex- 
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  re- 
quired by  the  commissioner  of  commerce. 

Section  12.  The  first  meeting  of  the  corporation  shall  be 
called  by  a  notice  signed  by  three  or  more  of  the  incorporators, 
stating  the  time,  place  and  purpose  of  the  meeting,  a  copy  of 
which  notice  shall  be  mailed,  or  delivered,  to  each  incorpor- 
ator at  least  five  days  before  the  day  appointed  for  the 
meeting.  Said  first  meeting  may  be  held  without  such  no- 
tice 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  tempo- 
rary 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  commonwealth, 
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  13.  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  realizes  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 


462  Acts,  1955.  —  Chap.  565. 

loss  realized  on  a  partial  or  complete  liquidation  of  the  cor- 
poration, and  who  is  not  entitled  to  deduct  such  loss  in  com- 
puting 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  cor- 
porations as  referred  to  in  section  two  of  chapter  sixty-three 
of  the  General  Laws. 

Section  14.  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  this  corporation. 

Section  15.  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  expira- 
tion of  said  period  as  provided  in  section  sixteen. 

Section  16.  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  nonsectarian 
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  17.  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  18.  Under  no  circumstances  is  the  credit  of  the 
commonwealth  or  any  political  division  thereof  pledged 
herein. 

Section  19.  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  20.    This  act  shall  take  effect  upon  its  passage. 

Approved  July  19,  1955. 

Chap.5Q5  An  Act  establishing  the  salakies  of  superintendents 

OF   TWELVE    GRADE    REGIONAL   SCHOOL    DISTRICTS. 

Be  it  enacted,  etc.,  as  follows: 
G^L.^Ter.  Chapter  71  of  the  General  Laws  is  hereby  amended  by 

§§  64,  65,  etc.,   striking  out  sections  64  and  65,  as  amended  by  chapter  794 
amended.  ^^  ^j^^  ^^^^  q£  jg^g^  ^^^  iusertiug  in  place  thereof  the  follow- 

fu^trmtend  "^^  ^^^  sections:  —  Section  64.  The  salary  of  the  superin- 
ent  of  schools  teudeut  in  such  a  union  or  in  any  twelve  grade  regional 
school  district  shall  be  not  less  than  the  amounts  provided  in 


m  uiuon. 


Acts,  1955.  —  Chap.  566.  463 

the  following  schedule:  forty-four  hundred  dollars  for  the 
first  year  of  service,  forty-six  hundred  dollars  for  the  second 
year,  forty-eight  hundred  dollars  for  the  third  year,  five 
thousand  dollars  for  the  fourth  year.  If  his  salary  is  not  in 
excess  of  fifty-sLx  hundred  dollars  the  union  or  any  twelve 
grade  regional  school  district  shall,  and  otherwise  may, 
reimburse  him  for  his  actual  traveling  expenses  incurred  in 
the  discharge  of  his  duties,  but  such  reimbursement  may  be 
limited  by  the  committee  to  six  hundred  dollars  a  year. 

Section  65.  When  the  chairman  and  secretary  of  the  joint  f^^"/ g^"of 
committee  or  of  any  twelve  grade  regional  school  district  superintendent 
committee  shall  certify  to  the  comptroller,  on  oath,  that  the  wal^rant  drawn 
towns  unitedly  or  as  members  of  a  twelve  grade  regional  ""g^^*'^*! 
school  district  have  employed  a  superintendent  of  schools  for 
the  year  endmg  on  June  thirtieth  and  have  complied  with 
section  sixty-three,  a  warrant  shall,  upon  approval  of  the 
department,  be  drawn  upon  the  state  treasurer  for  the 
payment  of  two  thii'ds  of  the  sum  of  the  following  amounts: 
(1)  the  amount  paid  the  superintendent  as  salary  not  in- 
cluding any  such  amount  in  excess  of  five  thousand  dollars, 
and  (.2)  the  amount  reimbursed  to  the  superintendent  for 
traveling  expenses,  not  including  any  such  amount  in  excess 
of  six  hundred  dollars.  The  amount  stated  in  the  w^arrant 
shall  be  apportioned  and  distributed  among  the  towns  form- 
ing the  union  or  any  twelve  grade  regional  school  district  in 
proportion  to  the  amount  expended  by  them  for  the  salary 
and  traveling  expenses  of  the  superintendent ;  provided,  that 
the  amount  proportioned  to  any  town  whose  valuation  then 
exceeds  four  million  five  hundred  thousand  dollars  or  to  any 
town  whose  valuation  exceeded  two  million  five  hundred 
thousand  dollars  at  the  time  of  its  entry  into  a  union  or  any 
twelve  grade  regional  school  district,  shall  be  retained  by  the 
commonwealth.  Approved  July  19,  1955. 

An  Act  relative  to  walden  pond  state  reservation.  Chap. 566 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  natural  resources  is  hereby 
authorized  and  directed  to  take  by  eminent  domain  or 
acquire  by  deed  that  portion  of  land  adjacent  to  Walden 
Pond  State  Reservation  lying  between  said  reservation, 
highway  Route  2,  and  the  Boston  and  Maine  railroad. 

Section  2.  Said  department  of  natural  resources  is 
hereby  authorized  to  accept  as  a  gift  a  conveyance  by  quit- 
claim deed  from  Raymond  Emerson  of  a  certain  lot  of  land 
adjoining  the  existing  reservation,  containing  fifty  acres, 
more  or  less,  said  deed  to  include  restrictions  similar  to  those 
restricting  the  gift  of  the  original  Walden  Pond  State  Reser- 
vation and  reserving  to  the  town  of  Lincoln  full  water  rights, 
includuig  the  right  to  enter,  drive  wells,  locate  pipes  and  con- 
struct such  pumping  equipment  as  may  be  necessary. 

Section  3.  Nothing  in  tliis  act  shall  be  deemed  or  con- 
strued to  affect  the  power  or  authority  of  the  commissioners 


464  Acts,  1955.  —  Chaps.  567,  568,  569. 

of  Middlesex  county  with  reference  to  the  care  and  main- 
tenance of  Walden  Pond  State  Reservation,  including  the 
additions  thereto  as  provided  by  this  act. 

Approved  July  19,  1955. 

Chap. 567  An  Act  providing  for  the  liquidation  and  abandon- 
ment OF  A  state-aided  VETERANS  HOUSING  PROJECT, 
WELLESLEY   200-2. 

Be  it  enacted,  etc.,  as  follows: 

The  Wellesley Housing  Authority,  subject  to  the  approval 
of  the  chairman  of  the  state  housing  board,  is  hereby  author- 
ized and  directed  to  dispose  of  all  the  assets  acquired  by  it 
in  the  pending  development  of  state-aided  veterans  housing 
project,  Wellesley  200-2.  All  funds  received  from  any 
source  relating  to  said  project  shall  be  credited  against  the 
outstanding  indebtedness  of  the  Authority  in  respect  to  the 
project.  The  Authority  shall  file  a  statement  of  expenses 
incurred  since  the  inception  of  the  project  and  all  transac- 
tions pertaining  thereto  with  the  state  housing  board  and 
with  the  auditor  of  the  commonw^ealth.  The  Authority  shall 
certify  the  amount  of  the  deficiency  remaining  upon  comple- 
tion of  the  liquidation  of  the  project,  and,  upon  verification 
and  certification  by  the  state  auditor,  the  board  shall  author- 
ize payment  of  the  balance  due  to  meet  the  commonwealth's 
guarantee  of  the  note  or  notes  in  connection  with  said  proj- 
ect from  funds  appropriated  therefor. 

Approved  July  19,  1955. 

Chap.5QS  An  Act  providing  for  the  development  of  deala.rest 

LLOYD  MEMORIAL  STATE  PARK  AND  THE  CONSTRUCTION  OF 
CAMP   SITES  AND   RECREATIONAL   FACILITIES  THEREAT. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  natural  resources  is  hereby  authorized 
and  directed  to  develop  Demarest  Lloyd  Memorial  State 
Park  in  the  town  of  Dartmouth  and  to  construct  camp  sites 
and  recreational  facilities  thereat.  Said  department  may 
expend  for  such  purposes  such  sums  as  may  be  appropriated 
therefor.  Approved  July  19,  1955. 

Chap.56Q  An  Act  revising  the  definition  of  the  term  "private 
carrier"  under  the  laws  relative  to  carriers  of 
property  by  motor  vehicle  for  compensation. 

Be  it  enacted,  etc.,  as  follows: 

Edn'  159B  Section  2  of  chapter  159B  of  the  General  Laws  is  hereby 

§2,  etc.,    *       amended  by  striking  out  the  paragraph  defining  "Private 
amended.         carrier",  as  amended  by  chapter  483  of  the  acts  of  1952, 

and  inserting  in  place  thereof  the  following:  — 
"Private car-         "Private  carrier",  any  person  not  included  in  the  terms 

rier,  defined.  •■uj.-l-i  j.        ^  •        i  j_ 

common  earner  by  motor  vehicle,  contract  carrier  by  motor 


Acts,  1955.  — Chaps.  570,  571.  465 

vehicle  or  agricultural  carrier  by  motor  vehicle,  who  trans- 
ports in  intrastate  commerce  or  interstate  commerce,  in  so 
far  as  it  comes  within  the  jurisdiction  of  the  provisions  of 
the  laws  of  this  commonwealth,  property  of  which  such  per- 
son is  the  owner,  lessee  or  bailee  when  such  property  is  for 
the  purpose  of  sale,  lease  or  rent  or  in  the  furtherance  of  any 
commercial  enterprise.  "Private  carrier"  shall  not  include 
a  person  who  tows  vehicles  belonging  to  another  person  and 
who  receives  compensation  for  such  towing. 

Approved  July  19,  1965. 

An  Act   transferring   to   the   metropolitan   district  Chap. 570 

COMMISSION  THE  CARE,  CONTROL  AND  MAINTENANCE  OP 
CERTAIN  PORTIONS  OF  COLUMBIA  ROAD  IN  THE  CITY  OF 
BOSTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission  is  here- 
by authorized  and  directed  to  take  over  the  care,  control  and 
maintenance  of  that  portion  of  Columbia  road  beginning  at 
Kosciusco  circle  in  the  Dorchester  district  of  the  city  of 
Boston  and  running  northerly  to  the  traffic  circle  at  the 
junction  of  Preble  street  and  Old  Colony  avenue  in  the 
South  Boston  district  of  said  city,  that  portion  of  Old 
Colony  avenue  which  lies  between  said  Kosciusco  circle  and 
said  traffic  circle,  and  that  portion  of  Columbia  road  adjacent 
to  Columbus  park  and  running  easterly  from  said  traffic 
circle  at  Preble  street  to  William  J.  Day  Boulevard. 

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

Approved  July  19,  1955. 

An   Act   making   changes   in  the   civil   service  laws  Chap. 571 
relative  to  eligible  lists. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  31  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  12,  as  most  recently  amended  by  section  2  ^tt! 'amended'. 
of  chapter  627  of  the  acts  of  1954,  and  inserting  in  place 
thereof  the  following  section:  —  Section  12.     Each  list  of  pg'^i? lists. 

.  •  tor  civil  service 

persons  eligible  to  any  position  shall  be  prepared  or  revised  appointments, 
as  soon  as  may  be  after  their  respective  ratings  or  standings 
have  been  determined  by  the  director  by  examination  or 
otherwise  in  accordance  with  the  rules  of  the  commission, 
but,  in  case  of  the  determination  thereof  by  a  written  ex- 
amination, not  later  than  six  months  after  the  date  of  such 
examination.  The  director  shall  not  place  on  any  such  list 
any  person  not  a  citizen  of  the  United  States.  All  lists  estab- 
Hshed  as  aforesaid  shall  be  open  to  public  inspection.  All 
persons  who  have  taken  an  examination  shall  be  notified  of 
the  results  thereof  not  later  than  sixty  days  after  the  date 
of  such  examination.     If  more  than  one  similar  eligible  list 


466  Acts,  1955.  —  Chaps.  572,  573. 

exists  for  the  same  position,  certification  shall  first  be  made 
from  the  list  with  the  earliest  date  of  establishment  and  in 
accordance  with  the  civil  service  laws  and  rules  governing 
certification. 

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

Approved  July  19,  1955. 

Chap. 572  An  Act  providing  for  the  liquidation  and  abandon- 
ment OF  A  state-aided  VETERANS  HOUSING  PROJECT, 
MEDFORD   200-2. 

Be  it  enacted,  etc.,  as  folloivs: 

The  ]\'Iedford  Housing  Authority,  subject  to  the  approval 
of  the  chairman  of  the  state  housing  board,  is  hereby  au- 
thorized and  directed  to  dispose  of  all  the  assets  acquired 
by  it  in  the  pending  development  of  state-aided  veterans 
housing  project,  Medford  200-2.  Said  Authority  shall 
transfer  all  the  land  acquired  for  said  project  to  the  metro- 
pohtan  district  commission  from  whom  said  land  was  origi- 
nally acquired,  and  it  shall  be  restored  as  a  part  of  the 
Middlesex  Fells  Reservation.  Said  commission  shall  pay  to 
the  Authority,  from  funds  appropriated  therefor,  the  amount 
that  was  originally  paid  to  them  for  the  land.  All  funds 
received  from  any  source  relating  to  said  project  shall  be 
credited  against  the  outstanding  indebtedness  of  the  Au- 
thority in  respect  to  the  project.  The  Authority  shall  file  a 
statement  of  expenses  incurred  since  the  inception  of  the 
project  and  all  transactions  pertaining  thereto  with  the 
state  housing  board  and  with  the  auditor  of  the  common- 
wealth. The  Authority  shall  certify  the  amount  of  the 
deficiency  remaining  upon  completion  of  the  Uquidation  of 
the  project,  and,  upon  verification  and  certification  by  the 
state  auditor,  the  state  housing  board  shall  authorize  pay- 
ment, from  funds  appropriated  therefor,  of  the  balance  due 
to  meet  the  commonwealth's  guarantee  of  the  note  or  notes. 

Approved  July  19,  1955. 

Chap. 57 S  An  Act  providing  for  the  establishment  and  mainte- 
nance BY  THE  DIVISION  OF  YOUTH  SERVICE  OF  A  PLACE 
OF  CUSTODY  IN  THE  COUNTY  OF  HAMPDEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  division  of  youth  service  shall  forthwith 
establish  in  the  county  of  Hampden  a  place  of  custody 
which  shall  be  completely  separate  from  any  lockup,  police 
station  or  house  of  detention  and  which  shall  be  used  solely 
for  the  temporary  care,  custody  and  study,  under  sections 
sixty-six,  sixty-seven  and  sixty-eight  of  chapter  one  hun- 
dred and  nineteen  of  the  General  Laws,  of  dehnquent  and 


Acts,  1955. —  Chap.  574.  467 

wayward  children  between  the  time  of  their  arrest  or  taking 
into  custody  and  the  final  disposition  of  their  case.  For 
establishing  and  maintaining  such  place  of  custody  under 
this  act,  the  division  may  expend  such  sums  as  may  be 
appropriated  therefor.  Not  later  than  October  first  in  each 
year,  the  division  shall  certify  to  the  state  treasurer  the 
amount  expended  by  it  for  such  place  of  custody  in  said 
county  during  the  preceding  fiscal  year.  The  youth  service 
division  shall  establish  equitable  per  capita  rates  for  the 
care  and  maintenance  of  children  taken  or  committed  to 
the  place  of  custody  from  communities  outside  the  count}'' 
of  Hampden,  and  shall  bill  the  county  in  which  is  located 
the  community  from  which  a  child  is  taken  or  committed 
to  the  place  of  custody  for  fiftj''  per  cent  of  the  expense  of 
caring  for  such  child.  In  its  annual  report  of  expenditures 
to  the  state  treasurer  the  division  shall  list  the  counties 
owing  such  bills  and  the  total  amounts  owed  by  such  coun- 
ties. Hampden  county  shall  be  assessed  one  half  of  the 
amount  expended  for  such  place  of  custody  less  the  total 
amounts  due  by  other  counties  for  services  provided  to 
children  therefrom,  and  the  amount  so  assessed  shall  be 
levied  and  collected  in  the  manner  provided  for  the  levying 
of  the  county  tax.  The  amounts  due  as  aforesaid  from 
other  counties  shall  be  assessed  upon  said  counties  and  shall 
be  levied  and  collected  in  hke  manner. 

Section  2.  This  act  shall  take  full  force  and  effect  upon 
its  acceptance  by  vote  of  the  county  commissioners  of  the 
county  of  Hampden,  but  not  otherwise. 

Approved  July  19,  1955. 

An  Act  authorizing  the  metropolitan  district  com-  Qhn^  574 

MISSION    TO    construct    CERTAIN    DRAINAGE    AND    FLOOD  ^' 

CONTROL  FACILITIES  IN  STONEHAM,   WAKEFIELD,   MELROSE, 
MALDEN,  EVERETT  AND  REVERE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  construct  and  maintain 
such  tunnels  and  surface  conduits  and  appurtenant  works  as 
may  be  necessary  along  the  Spot  Pond  brook  in  Stoneham, 
Wakefield,  Melrose  and  Maiden;  along  the  Saugus  Branch 
brook  in  Maiden;  and  along  Linden  brook  and  Town  Line 
brook  in  Melrose,  Maiden,  Everett  and  Revere  to  improve 
drainage  and  to  relieve  flood  conditions. 

Section  2.  Said  commission,  for  the  purposes  of  this  act, 
may,  on  behalf  of  the  commonwealth,  take  by  eminent 
domain  under  chapter  seventy-nine  of  the  General  Laws, 
or  acquire  by  purchase  or  otherwise,  any  lands,  water  courses, 
rights  of  way  or  easements,  and  shall  have  all  the  rights, 
powers  and  duties  and  be  subject  to  the  limitations  of  section 
thirty-two  of  chapter  ninety-two  of  the  General  Laws; 
provided,  however,  that  cities  and  towns  in  the  area  or  areas 
within  which  construction  may  occur  shall  grant  to  the  com- 


468  Acts,  1955.  —  Chap.  575. 

mission  the  right  to  enter  upon  any  public  land  and  to  con- 
struct such  facilities  as  may  be  necessary  without  recourse 
to  damages  therefor.  The  commission,  however,  shall, 
as  provided  in  said  section  thirty-two,  heed  all  reasonable 
requests  of  officials  of  said  cities  and  towns  to  restore  such 
public  property  to  its  present  condition  in  so  far  as  is  prac- 
tical. 

Section  3.  To  meet  the  expenditure  necessary  in  carry- 
ing out  the  provisions  of  this  act,  the  state  treasurer  shall, 
upon  request  of  the  governor  and  council,  issue  and  sell  at 
public  or  private  sale  bonds  of  the  commonwealth,  regis- 
tered or  with  interest  coupons  attached,  as  he  may  deem 
best,  to  an  amount  to  be  specified  by  the  governor  and 
council  from  time  to  time,  but  not  exceeding  in  the  aggre- 
gate, the  sum  of  ten  million  dollars.  All  bonds  issued  by  the 
commonwealth,  as  aforesaid,  shall  be  designated  on  the  face, 
Drainage  and  Flood  Control,  Act  of  1955,  and  shall  be  on  the 
serial  payment  plan  for  such  maximum  term  of  years,  not 
exceeding  forty  years,  as  the  governor  may  recommend  to 
the  general  court  pursuant  to  section  3  of  Article  LXII  of 
the  Amendments  to  the  Constitution  of  the  Commonwealth, 
the  maturities  thereof  to  be  so  arranged  that  the  amounts 
payable  in  the  several  years  of  the  period  of  amortization 
other  than  the  final  year,  shall  be  as  nearly  equal  as  in  the 
opinion  of  the  state  treasurer  it  is  practicable  to  make  them. 
Said  bonds  shall  bear  interest  semi-annually  at  such  rate  as 
the  state  treasurer,  with  the  approval  of  the  governor,  shall 
fix.  The  initial  maturities  of  such  bonds  shall  be  payable 
not  later  than  one  year  from  the  date  of  issue  thereof  and  the 
entire  issue  not  later  than  June  thirtieth,  two  thousand. 

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

Approved  July  20,  1955. 

Chap. 57 5  An  Act  to  protect  the  tenure  of  certain  state  em- 
ployees IN  THE  department  OF  NATURAL  RESOURCES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  chapter 
three  hundred  and  forty-three  of  the  acts  of  nineteen  hun- 
dred and  fifty-two,  all  persons  employed  as  conservation 
skilled  helpers  or  conservation  skilled  workers  in  the  depart- 
ment of  conservation  on  August  fourteenth,  nineteen  hun- 
dred and  fifty-two  and  who  are  employed  in  the  department 
of  natural  resources  on  the  effective  date  of  this  act,  shall  be 
given  permanent  civil  service  status  in  the  positions  in 
which  they  were  employed  on  August  fourteenth,  nineteen 
hundred  and  fifty-two.  The  date  of  seniority  of  any  such 
persons  shall  be  the  earliest  date  of  continuous  employment 
which  has  not  been  interrupted  by  an  absence  from  the 
pay  roll. 

Section  2.  The  incumbents  of  positions  appointed  under 
requisitions  50257,  50259,  50687,  56662,  50261,  50260, 
50256,  50255,  50665,  50254,  50253  and  50252,  who  have 


Acts,  1955.  —  Chap.  576.  469 

been  temporarily  appointed  or  transferred  to  the  positions 
named  therein,  shall  revert  to  their  permanent  civil  service 
or  other  status,  if,  as  a  result  of  examination,  they  do  not 
qualify  for  the  positions  covered  by  the  requisitions  listed 
in  this  section. 

Section  3.  Cecil  W.  Blair  and  Lawrence  R.  Laverdure, 
incumbents  of  requisitions  18017  and  18354,  who  have  been 
temporarily  employed  since  Februarj^  first,  nineteen  hun- 
dred and  fifty-one  and  March  first,  nineteen  hundred  and 
fifty-one,  respectively,  from  a  certified  civil  service  list  as 
di\'ision  moth  suppressor  (present  title,  district  moth  super- 
intendent) and  who  were  in  a  position  on  the  eligible  list  to 
be  permanently  appointed  on  the  date  of  expiration  of  said 
list,  shall  be  deemed  to  be  permanently  appointed  as  district 
moth  superintendents,  without  being  subjected  to  further 
examination. 

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

Approved  July  20,  1955. 

An  Act  relative  to  the  retirement  for  accidental  Chav.57Q 

DISABILITY    OF    JOHN    F.    STACK,    A    FORMER    EMPLOYEE    OF 
THE   CITY   OF   SPRINGFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notmthstanding  any  provisions  of  general 
or  special  law,  and  notwithstanding  any  action  taken  by 
the  retiring  authority  or  board  of  the  city  of  Springfield  with 
reference  to  the  retirement  of  John  F.  Stack,  a  former  mem- 
ber of  the  police  department  of  the  city  of  Springfield,  the 
appropriate  retiring  authority  in  said  city  shall  provide  that 
said  John  F.  Stack  be  examined  by  a  medical  panel,  consist- 
ing of  three  physicians,  to  be  selected  as  follows:  —  one  to 
be  designated  by  the  board  of  police  commissioners,  one  to 
be  designated  by  the  commissioner  of  pubfic  health  and  who 
shall,  so  far  as  practicable,  be  skilled  in  the  particular  branch 
of  medicine  or  surgery  as  may  be  involved  in  the  case  of  said 
Stack,  and  a  third  to  be  designated  by  John  F,  Stack.  If 
the  said  retiring  authority  finds  from  all  the  evidence,  and 
the  report  of  the  medical  panel  that  John  F.  Stack  became 
permanently  disabled  because  of  injuries  sustained  through 
no  fault  of  his  own  while  in  the  actual  performance  of  his 
duties  as  a  member  of  the  police  department  of  said  city, 
then  it  shall  increase  his  retirement  allowance  to  the  amount 
he  would  have  received  had  he  been  retired  at  two  thirds  of 
the  highest  annual  compensation  received  by  him  at  the 
time  of  his  retirement,  and  said  increased  allowance  shall  be 
retroactive  to  September  sixteenth,  nineteen  hundred  and 
fifty-three. 

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

Approved  July  20,  1956. 


470 


Acts,  1955.  —  Chaps.  577,  578. 


Chap. 577  An  Act  abolishing  the  port  of  boston  fund. 

Be  it  enacted,  etc.,  as  follows: 


G.  L.  (Ter. 
Ed.),  91A,  §  6, 
etc.,  amended. 


Port  of 
Boston  Fund 
abolished. 


Effective 
date. 


Section  1.  Chapter  91A  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  6,  as  amended  by  section  9 
of  chapter  608  of  the  acts  of  1953,  and  inserting  in  place 
thereof  the  following  section :  —  Section  6.  The  commission 
may  lease  for  a  period  not  exceeding  twenty  years,  under 
such  covenants  and  conditions  as  it  may  prescribe,  storage 
facilities,  wharves,  piers,  foreshores,  bulkheads,  docks,  sheds, 
grain  elevators,  warehouses  and  industrial  locations  wdthin 
its  charge.  The  commission  may  lease  sites  for  warehouses 
and  industrial  locations  for  a  longer  period,  but  every  lease 
of  such  sites  for  a  period  exceeding  twenty  years  shall  pro- 
vide for  a  readjustment  of  the  rental  at  intervals  of  not  more 
than  twenty  years.  No  lease  for  a  term  exceeding  five  years 
shall  be  valid  until  approved  by  the  governor  and  council. 
The  income  from  all  wharfage  and  storage  rates,  use  of 
cranes,  lighterage,  dockage  and  other  charges  and  from  the 
leases  of  lands,  storage  structures,  wharves,  piers,  foreshores, 
docks,  sheds,  warehouses  and  industrial  sites,  and  all  moneys 
received  by  the  commonwealth  for  tidewater  displacements 
in  Boston  harbor  under  section  twenty-one  of  chapter  ninety- 
one,  and  all  moneys  hereafter  received  which  on  May  twenty- 
eighth,  nineteen  hundred  and  thirteen,  were  required  to  be 
paid  into  the  Commonwealth's  Flats  Improvement  Fund, 
shall  be  collected  by  the  commission  and  paid  into  the  state 
treasury.  The  general  court  shall  annually  appropriate 
such  sums  as  it  determines  may  be  needed  to  meet  the 
expenses  of  operating,  maintaining,  repairing  and  preserving 
the  property  under  the  control  of  the  commission. 

Section  2.  This  act  shall  take  effect  on  July  first,  nine- 
teen hundred  and  fifty-six.  Approved  July  20,  1956. 


Chap. 57 S  An  Act  authorizing  the  department  of  natural  re- 
sources TO  ACQUIRE  CERTAIN  LAND  ALONG  THE  TACONIC 
TRAIL  IN  THE  TOWN  OF  WILLIAMSTOWN. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  natural  resources  is  hereby  authorized 
and  directed  to  acquire  by  purchase  certain  land  along  the 
Taconic  Trail  in  the  town  of  Williamstown,  to  wit :  —  the 
land  and  buildings  now  owned  by  Sanborn  J.  Tenney  or  his 
heirs  located  on  the  north  and  south  sides  of  said  Taconic 
Trail.  The  department  is  hereby  authorized  to  expend  for 
such  purpose  such  sums  of  money  as  may  be  appropriated 
therefor.  Approved  July  20,  1965. 


Acts,  1955.  —  Chaps.  579,  580.  471 


An  Act  relative  to  the  disposition  of  papers,  records  Chav. 579 

AND  material  OF  EXPIRED   SPECIAL  COMMITTEES  OR  COM- 
MISSIONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  60  of  chapter  3  of  the  General  Laws,  inserted  EJ^'s^roo 
by  section  2  of  chapter  607  of  the  acts  of  1954,  is  hereby  etc!, 'amended. 
amended  by  adding  at  the  end  the  follo^\^.ng  two  sentences: 
—  Every  special  committee  or  commission  and  every  joint  ^ru?n^ri°coi°ds 
committee  sitting  during  the  recess  of  the  general  court  of  certain 
which  is  established  by  the  general  court  or  by  either  branch  miTteM°or"' 
thereof  to  make  a  study  or  investigation  in  connection  with  commissions. 
proposed  legislation  shall,  if  no  other  provision  is  made  and 
in  the  absence  of  a  vote  to  the  contrary  by  such  committee 
or  commission,  within  ninety  days  after  the  final  date  for 
filing  its  report  turn  over  to  the  bureau  all  the  papers, 
records  and  material  acquired  during  the  existence  of  the 
committee  or  commission.     The  bureau  shall  turn  over  to 
the  state  library  such  papers,  records  and  material  which  it 
deems  to  merit  preservation  and  shall  destroy  the  remainder. 

Approved  July  20,  1955. 


An  Act  relating  to  the  taxation  of  certain  corpora-  Chap. 580 

TIONS,     associations     AND     ORGANIZATIONS     ENGAGED     IN 
THE   SALE    OF   ALCOHOLIC    BEVERAGES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  General  Laws  are  hereby  amended  by  o.  l.  (Xer. 
striking  out  chapter  63A  and  inserting  in  place  thereof  the  ^minde^d^' ^**^' 
following  chapter:  — 

Chapter  63A. 

Taxation  of  Certain  Corporations,  Associations  and 
Organizations  engaged  in  the  sale  of  Alcoholic 
Beverages. 

Section  1.    When  used  in  this  chapter  the  following  terms  Definitions. 
shall  have  the  following  meanings:  — 

(a)  "Commissioner",  the  commissioner  of  corporations 
and  taxation. 

(6)  ''Commission",  the  state  tax  commission. 

(c)  "Taxpayer",  every  corporation,  association  or  organ- 
ization which  is  licensed  by  any  city  or  town  to  sell  alcoholic 
beverages,  as  defined  in  section  one  of  chapter  one  hundred 
and  thirty-eight,  except  — 

(1)  A  corporation  subject  to  taxation  under  the  provi- 
sions of  chapter  sixty-three,  and 

(2)  A  chartered  veteran's  organization  maintaining  quar- 
ters for  the  exclusive  use  of  its  members. 

{d)  "Gross  receipts",  the  total  proceeds  from  the  sale  of 
any  drink  of  alcoholic  nature  or  content  sold  without  any 
deduction  therefrom  on  account  of  costs  or  expenses. 


472 


Acts,  1955. —  Chap.  581. 


Excise  to  be 
levied,  etc. 


Return  to  be 
made  to 
commissioner 
of  corporations 
and  taxation. 


Examination 
of  books  and 
papers  of 
corporation. 


Provisions  of 
law  relating  to 
abatement  and 
appeal  shall 
apply. 


Section  2.  Against  every  taxpayer  there  shall  be  levied, 
assessed  and  collected  an  excise  at  the  rate  of  one  quarter  of 
one  per  cent  of  such  taxpayer's  gross  receipts. 

Section  3.  On  or  before  April  fifteenth  of  each  year  every 
taxpayer  shall  make  a  return  to  the  commissioner  of  the  total 
amount  of  its  gross  receipts  for  the  preceding  calendar  year 
and  compute  the  amount  of  the  tax  prescribed  by  section 
two.  The  tax  so  computed  shall  be  due  and  paj^able  upon 
the  due  date  for  fihng  the  return,  and  the  return  shall  be  in 
such  form  as  prescribed  by  the  commissioner  mth  the  ap- 
proval of  the  commission,  and  shall  be  signed  by  a  principal 
officer  of  the  taxpayer  under  penalties  of  perjury. 

Section  4-  For  the  purpose  of  verifying  ssij  return  filed 
under  this  chapter,  the  commissioner  may  at  any  time 
within  three  years  after  the  date  prescribed  for  filing  this  re- 
turn, or  the  date  filed,  whichever  is  later,  examine  personally 
or  by  deputy  or  agent  the  books  and  papers  of  the  taxpayer 
which  shall  be  open  to  such  officer  for  verification.  All  pro- 
visions of  chapter  sixty-two  relating  to  the  assessment,  in- 
terest, notice  to  taxpayer,  penalties  for  failure  to  file  or  for 
filing  a  false  or  fraudulent  return  shall  apply  to  the  taxes 
levied  by  this  chapter. 

The  commissioner  shall  have  for  the  collection  of  this  ex- 
cise all  the  remedies  which  are  provided  in  chapters  sixty -two 
and  sixt3''-three  for  the  collection  of  income  and  corporation 
taxes. 

Section  5.  All  provisions  of  chapter  sixty-two  with  re- 
spect to  applications  for  abatement  to  be  made  to  the  com- 
mission and  rights  of  appeals  to  the  appellate  tax  board,  and 
refunds  together  with  interest  thereon  of  any  overassessments 
shall  apply  to  the  taxes  levied  by  this  chapter. 

Section  2.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  fifty-six,  and  shall  apply  to  all  gross 
receipts  from  the  sale  of  alcoholic  beverages  after  December 
thirty-first,  nineteen  hundred  and  fifty-four. 

Approved  July  20,  1955. 


C hap. 5S1  An  Act  authorizing  payment  of  certain  expenses  of 

CAPITOL  POLICE  OFFICERS  INJURED  IN  THE  PERFORMANCE 
OF  DUTY  AND  INDEMNIFYING  THEM  FOR  CERTAIN  OTHER 
EXPENSES  AND    DAMAGES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  8  of  the  General  Laws  is  hereby  amended  by 
inserting  after  section  4  the  following  two  sections:  — 
Section  J^A.  The  state  superintendent  of  buildings  may 
authorize  the  payment,  out  of  the  General  Fund,  of  the 
reasonable  hospital,  medical  and  surgical  expenses  of  any 
member  of  the  capitol  police  who  is  temporarily  or  per- 
manently disabled,  mentally  or  physically,  by  reason  of 
injuries  sustained  through  no  fault  of  his  own  in  the  actual 
performance  of  his  duty, 
indemnifica-  Sectiou  4^.    The  State  superintendent  of  buildings  shall, 

ca°pitoi  police"    subject  to  appropriation,  indemnify  a  capitol  pohce  officer, 


G.  L.  (Ter. 
Ed.),  8,  new 
§§  4A,  4B. 
added. 

Payment  of 
certain 
expenses  of 
certain  capitol 
police  officers, 
authorized. 


Acts,  1955.  — Chaps.  582,  583.  473 

to  an  amount  not  more  than  the  amount  recommended  by  officers  for 
said  superintendent,  for  expenses  or  damages  sustained  by  expe^nses, 
him  while  acting  as  a  police  officer,  or  incurred  by  him  in  the  allowed, 
defense  or  settlement  of  an  action  brought  against  him  for 
acts  done  by  him  while  so  acting;  provided,  that  the  de- 
fense or  settlement  of  such  claim  shall  have  been  made  by 
the  attorney  general;  and  such  damages  shall  include  loss  of 
pay  by  reason  of  absence  from  dut}''  on  the  part  of  such 
officer  because  of  temporary  incapacity  caused  by  injury 
suffered  through  no  fault  of  his  own  while  in  the  actual  per- 
formance of  dut}^;  and,  if  such  officer  be  dead,  such  expenses 
or  damages  shall  be  pa3^able  to  his  widow,  or,  if  he  leaves  no 
widow,  then  to  his  next  of  kin,  who,  at  the  time  of  his  death, 
were  dependent  upon  his  salary  for  support.  This  section 
shall  be  construed  to  require  the  superintendent  to  pay 
compensation,  in  the  manner  herein  provided,  for  damages 
for  personal  injuries,  whether  or  not  death  results;  provided, 
the  amount  of  such  compensation  shall  have  been  approved 
by  the  attorney  general.  Approved  July  20,  1955. 

An  Act  providing  for  ten  additional  assistant  dis-  Char). 582 

TRICT   attorneys   FOR   THE   SUFFOLK   DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  14  of  chapter  12  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  the  second  paragraph,  as  ^tl!  amended.' 
amended  by  section  1  of  chapter  488  of  the  acts  of  1954,  the 
words  "For  the  Suffolk  district,  thirteen  assistant  district 
attorne3''s"  and  inserting  in  place  thereof  the  following:  — 

For  the  Suffolk  district,  twenty-three  assistant  district 
attorneys. 

Section  2.     Section   16   of   said    chapter    12   is   hereby  g.  l.  (Ter. 
amended  by  striking  out  the  second  paragraph,  as  amended  ^tc;!'am4nded. 
by  section  2  of  said  chapter  488,  and  inserting  in  place  thereof 
the  following  paragraph :  — 

For  the  Suffolk  district,  two  assistants,  eight  thousand 
eight  hundred  dollars;  four  assistants,  seven  thousand 
dollars;  two  assistants,  six  thousand  dollars;  five  assistants, 
five  thousand  five  hundred  dollars;  and  ten  assistants,  four 
thousand  five  hundred  dollars.        Approved  July  20,  1956. 

An  Act  providing  for  certain  recreational  facilities  QJiar)  583 
at  horseneck  beach  in  the  town  of  westport. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works,  through  its 
di\dsion  of  public  beaches,  is  hereby  authorized  and  directed 
to  proceed,  after  an  appropriation  is  made  therefor,  with  the 
work  of  pro\nding  recreational  facilities  at  Horseneck  beach, 
so  called,  in  the  towm  of  Westport,  and  areas  immediately 
adjacent  thereto.  Said  facilities  shall  include,  but  shall  not 
be  limited  to,  a  bath  house  with  administrative  offices  and 
facilities  for  refreshment,  covered  pa\'ilions  at  the  ocean 
side  of  the  beach  and  elsewhere  as  approved  by  the  com- 


474  Acts,  1955.  — Chap.  583. 

missioner,  necessary  comfort  facilities,  sewerage  and  waste 
disposal  and  electric  service  for  the  building  area,  street 
lighting,  appropriate  approaches  to  said  facilities  within  the 
said  beach  area,  and  an  adequate  parking  area  for  motor 
vehicles,  all  the  foregoing  facilities  and  incidentals  to  cost  in 
the  aggregate  not  more  than  one  milHon  three  hundred  and 
fifty  thousand  dollars.  The  department  of  public  works  is 
hereby  further  authorized  to  acquire  land  from  the  United 
States  of  America  by  purchase  or  lease  or  gift  for  the  purpose 
of  providing  recreational  facilities  hereinabove  referred  to. 

The  power  to  acquire  land  under  section  seven  of  chapter 
eighty-one  of  the  General  I^aws,  is  hereby  extended  to  in- 
clude acquisitions  of  land  which  the  department  deems  neces- 
sary to  carry  out  the  foregoing  requirements.  There  shall 
be  set  aside  from  the  proceeds  from  the  sale  of  the  bonds 
authorized  in  section  tAvo  the  sum  of  one  hundred  thousand 
dollars  and  from  the  proceeds  from  the  sale  of  the  bonds 
authorized  in  section  three  the  sum  of  two  hundred  thousand 
dollars  as  a  reserve  fund  to  pay  the  charges  for  interest  and 
amortization  of  said  bond  issues  during  the  period  of  con- 
struction of  the  facilities  authorized  by  this  section,  and  any 
balance  remaining  in  said  reserve  fund  shall  be  applied  to  the 
payment  of  the  maturity  of  said  bonds.  Any  and  all  plans, 
specifications  and  contracts  necessary  to  the  erection  and 
construction  of  the  foregoing  recreational  facilities  are  not 
subject  to  the  approval  of  the  division  of  building  construc- 
tion in  the  commission  on  administration  and  finance. 

Section  2.  To  meet  the  expenditures  necessary  to  ac- 
quire land  for  the  purpose  of  providing  recreational  facilities 
at  Horseneck  beach  the  state  treasurer  shall,  upon  the  request 
of  the  governor  and  council,  issue  and  sell  at  public  or  private 
sale  bonds  of  the  commonwealth,  registered  or  with  interest 
coupons  attached,  as  he  may  deem  best,  to  an  amount  to  be 
specified  by  the  governor  and  council  from  time  to  time,  but 
not  exceeding  in  the  aggregate  the  sum  of  one  million,  two 
hundred  and  fifty  thousand  dollars. 

All  bonds  issued  by  the  commonwealth  as  aforesaid  shall 
be  designated  on  their  face  Horseneck  Beach  Reservation 
Act  of  1955  —  Land,  and  shall  be  on  the  serial  payment  plan 
for  such  maximum  term  of  years  not  exceeding  thirty  years 
as  the  governor  may  recommend  to  the  general  court,  pur- 
suant to  section  3  of  Article  LXII  of  the  amendments  to  the 
constitution  of  the  commonwealth,  the  maturities  thereof  to 
be  so  arranged  that  the  amounts  payable  in  the  several  years 
and  the  final  year  shall  be  as  nearly  equal  as  in  the  opinion 
of  the  state  treasurer  it  is  practicable  to  make  them.  Said 
bonds  shall  bear  interest  semi-annually  at  such  rate  as  the 
state  treasurer,  with  the  approval  of  the  governor,  shall  fix, 
but  bonds  shall  be  payable  not  earlier  than  July  first,  nine- 
teen hundred  and  fifty-six,  nor  later  than  June  thirtieth, 
nineteen  hundred  and  eighty-five. 

Section  3.  To  meet  the  expenditures  necessary  for  the 
erection  of  buildings  and  facilities  on  the  land  acquired  under 


Acts,  1955.  —  Chap.  583.  475 

the  provisions  of  this  act  at  Horseneck  beach,  the  state 
treasurer  shall,  upon  the  request  of  the  governor  and  council, 
issue  and  sell  at  public  or  private  sale  bonds  of  the  com- 
monwealth registered  or  with  interest  coupons  attached,  as 
he  ma}^  deem  best,  to  an  amount  to  be  specified  by  the 
governor  and  council  from  time  to  time  but  not  exceeding  in 
the  aggregate  the  sum  of  one  million,  three  hundred  and  fifty 
thousand  dollars. 

All  bonds  issued  by  the  commonwealth  as  aforesaid  shall 
be  designated  on  their  face  Horseneck  Beach  Reservation 
Act  of  1955  —  Buildings,  and  shall  be  on  the  serial  payment 
plan  for  such  maximum  term  of  years  not  exceeding  ten 
years  as  the  governor  may  recommend  to  the  general  court, 
pursuant  to  section  3  of  Article  LXII  of  the  amendments  to 
the  constitution  of  the  commonwealth,  the  maturities  t  lereof 
to  be  so  arranged  that  the  amounts  payable  in  the  several 
years  and  the  final  year  shall  be  as  nearly  equal  as  in  the 
opinion  of  the  state  treasurer  it  is  practicable  to  make  them. 
Said  bonds  shall  bear  interest  semi-annually  at  such  rate  as 
the  state  treasurer,  with  the  approval  of  the  governor,  shall 
fix,  but  bonds  shall  be  payable  not  earlier  than  July  first, 
nineteen  hundred  and  fifty-six,  nor  later  than  June  thirtieth, 
nineteen  hundred  and  sixty-five. 

Section  4.  All  sums  of  money  collected  or  received  by 
the  department  in  the  exercise  of  its  functions  in  relation  to 
Salisbury  Beach  reservation,  Horseneck  Beach  reservation, 
Scusset  Beach  reservation,  and  any  beaches  or  reservations 
now  or  hereafter  under  the  jurisdiction  of  the  division  of 
beaches,  including  receipts  from  the  bath  houses  and  sums 
received  in  the  exercise  of  said  functions  for  rentals,  sales  or 
use  of  property  under  its  charge,  and  all  fines  recovered  for 
violation  of  rules  and  regulations  made  by  the  department  or 
violation  of  the  laws  of  the  commonwealth  within  the  limits 
of  anj^  of  said  reservations,  including  all  sums  of  money 
collected  or  received  under  the  provisions  of  section  three  of 
chapter  six  hundred  and  seventy-three  of  the  acts  of  nine- 
teen hundred  and  fifty-three,  shall  be  accounted  for  and  paid 
to  the  state  treasurer,  who  shall  receive  and  credit  the  same 
to  the  State  Recreation  Areas  Fund'.  So  much  of  the  ex- 
penses of  operation  and  maintenance  of  said  reservations 
and  the  recreational  facilities  located  thereon  as  cannot  be 
met  by  surpluses  from  said  fund  shall  be  paid  in  accordance 
with  the  pro\dsions  of  sections  four,  five  and  six  of  chapter 
one  hundred  and  thirty-two  A  of  the  General  Laws.  All 
interest  payments  and  payments  on  account  of  principal  on 
the  bonds  authorized  by  this  act,  except  to  the  extent  that 
they  are  paid  under  the  provisions  of  section  one,  shall  be 
paid  from  the  State  Recreation  Areas  Fund ;  provided,  that 
notwithstanding  the  foregoing,  such  obligations  shall  be 
general  obligations  of  the  commonwealth. 

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

Approved  July  22,  1955. 


476 


Acts,  1955.  —  Chap.  584. 


C/iap.584  An  Act  abolishing  the  outdoor  advertising  authority 

AND  establishing  IN  THE  DEPARTMENT  OF  PUBLIC  WORKS 
AN   OUTDOOR   ADVERTISING   DIVISION. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  6,  §  17, 
etc.,  amended. 


G.  L.  (Ter. 
Ed.),  6,  §  60, 
etc.,  repealed. 


G.  L.  (Ter. 
Ed.),  16,  new 
§§  5C,  5D, 
added. 

Outdoor  adver- 
tising division, 
established. 


Outdoor  adver- 
tising board 
established, 
membership, 
etc. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  forthwith  aboHsh  the  out- 
door advertising  authority  and  estabhsh  in  the  department 
of  pubHc  works  an  outdoor  advertising  division,  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  17  of  chapter  6  of  the  General  Laws, 
as  amended,  is  hereby  further  amended  by  striking  out,  in 
lines  12  and  13,  as  appearing  in  section  1  of  chapter  537  of 
the  acts  of  1954,  the  words  ",  the  outdoor  advertising  au- 
thority". 

Section  2.  Section  sixty  of  said  chapter  six,  as  amended 
by  chapter  four  hundred  and  sixty-eight  of  the  acts  of  nine- 
teen hundred  and  fifty-two,  is  hereby  repealed,  and  the 
heading  preceding  said  section  is  hereby  stricken  out. 

Section  3.  Chapter  16  of  the  General  Laws  is  hereby 
amended  b}^  inserting  after  section  5B,  inserted  by  section  1 
of  chapter  666  of  the  acts  of  1953,  the  following  two  sec- 
tions :  —  Section  5C.  There  shall  be  in  the  department  a 
division  to  be  known  as  the  outdoor  advertising  division,  for 
the  purpose  of  regulating  and  controlling,  in  the  public  in- 
terest, the  erection  and  maintenance  of  billboards,  signs  or 
other  advertising  devices. 

Section  5D.  There  shall  be  in  the  outdoor  advertising 
division  a  board  to  be  known  as  the  outdoor  advertising 
board,  consisting  of  three  members,  two  to  be  appointed  by 
the  governor,  one  from  each  major  political  party,  with  the 
advice  and  consent  of  the  council,  and  the  third  member  to 
be  the  commissioner  of  pubhc  works,  or  an  employee  of  the 
department  of  public  works  to  be  designated  by  him  from 
time  to  time  as  his  representative  on  the  board.  It  shall  be 
the  duty  of  the  commissioner  of  public  works,  or  the  em- 
ployee of  the  department  of  public  works  designated  by  him 
as  his  representative  on  the  board,  in  addition  to  his  other 
duties  as  member  of  the  board,  to  arrange  for  the  co-opera- 
tion of  district  engineers  and  other  field  employees  of  the 
department  of  public  works  in  reporting  the  location  of  bill- 
boards, signs  or  other  advertising  devices  along  state  high- 
ways, and  in  enforcing  the  rules  and  regulations  of  the 
board.  The  two  members  of  the  board  to  be  appointed  by 
the  governor  shall  be  designated  in  their  original  appoint- 
ment to  serve  for  two  and  four  years,  respectively,  from 
June  first,  in  the  year  of  appointment.  Upon  expiration  of 
the  term  of  such  a  member,  his  successor  shall  be  appointed 
in  the  manner  aforesaid,  for  four  years.  The  governor  shall 
from  time  to  time  designate  one  of  the  members  appointed 
by  him  as  chairman  of  the  board,  and,  with  the  advice  and 


Acts,  1955.  —  Chap.  584.  477 

consent  of  the  council,  may  remove  any  appointed  member 
for  cause,  and,  with  like  advice  and  consent,  shall  fill  any 
appointive  vacancy  for  the  unexpired  term.  Each  member 
shall  hold  office  until  the  appointment  and  qualification  of 
his  successor.  Whenever  any  action  by  the  board  is  re- 
quired to  be  in  writing,  such  writing  shall  be  sufficient  when 
signed  by  any  two  of  the  members.  The  board  shall  make 
an  annual  report  for  the  preceding  calendar  year,  setting 
forth  the  number  of  permits  granted,  the  number  of  permits 
refused,  the  number  of  hearings  held,  the  number  of  illegal 
signs  removed,  and  other  relevant  matters,  to  the  general 
court  and  to  the  commissioner  of  public  works  in  January 
of  each  year.  The  chairman  of  the  board  shall  receive  from 
the  commonwealth  as  compensation  the  sum  of  fifty  dollars 
for  each  day  spent  in  the  performance  of  his  official  duties, 
but  not  exceeding  three  thousand  five  hundred  dollars  in 
any  one  year,  and  the  other  member  appointed  by  the  gov- 
ernor shall  receive  the  sum  of  forty  dollars  for  each  such 
day,  but  not  exceeding  two  thousand  eight  hundred  dollars 
in  any  one  year.  Each  member  of  the  board  shall  be  re- 
imbursed for  necessary  expenses  incurred  by  him  in  the 
performance  of  his  official  duties.  No  member  who  is  regu- 
larly employed  by  the  commonwealth  shall  receive  compen- 
sation for  Ms  services  as  member  of  the  board,  but  may  be 
reimbursed  for  necessary  expenses  incurred  by  him  in  the 
performance  of  his  official  duties  as  member  of  the  board  as 
aforesaid.  The  board  shall  appoint,  subject  to  chapter 
thirty-one,  an  officer,  to  be  known  as  the  executive  director, 
who  shall  be  the  administrative  and  executive  officer  in 
charge  of  all  administrative  and  executive  details. 

Section  3A.     Section  6  of  said  chapter  16,  as  most  re-  g.  l.  (Ter. 
cently  amended  by  section  1  of  chapter  201  of  the  acts  of  ftci! 'amended. 
1948,  is  hereby  further  amended  by  inserting  after  the  word 
"vehicles",  in  line  4,  the  words:  —  and  the  outdoor  adver- 
tising division. 

Section  4.     Chapter  93  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  29,  as  amended  by  section  ftti'ammdld. 
3  of  chapter  612  of  the  acts  of  1946,  and  inserting  in  place 
thereof  the  following  section :  —  Section  29.     The  outdoor  Board  may 
advertising  board,  herein  and  in  sections  twenty-nine  A,  ™o'''conti-o'iiing 
thirty  A  and  thirty-one  called  the  board,  may  make,  amend  billboards, 
or  repeal  rules  and  regulations  for  the  proper  control  and  ^'*^"^' 
restriction  of  billboards,  signs  and  other  advertising  devices, 
except  as  provided  in  section  thirty-two,  on  public  ways  or 
on  private  property  within  public  view  of  any  highway, 
public  park  or  reservation.    Such  rules  and  regulations  may 
require  that  said  billboards,  signs  or  other  devices  be  located 
in  business,  commercial,  industrial,  marketing  or  mercantile 
areas,  or  on  unrestricted  commercial  arteries  and  adjacent  to 
commercial  enterprises;  may  prescribe  standards  of  size,  set- 
back and  clearance,  considering  the  public  interest;    may 
require  said  billboards,  signs  or  other  devices  to  be  licensed 
by  the  board  by  the  issuance  of  permits  in  accordance  there- 


478 


Acts,  1955.  —  Chap.  584. 


Permits. 


G.  L.  (Ter. 
Ed.),  93,  new 
§  29A,  added. 

Issuance  of 
permits  by 
board  after 
written 
objection. 


G.  L.  (Ter. 
Ed.),  93, 
§  30A,  etc., 
amended. 

Unauthorized 
billboards, 
etc.,  deemed 
a  nuisance. 


with  and  with  this  section;  and  may  prescribe  permit  fees, 
to  be  fixed  with  regard  to  the  cost  of  administering  this 
section,  and  said  fees  need  not  be  uniform  throughout  the 
commonwealth.  No  permit,  whether  permanent  or  tempo- 
rary, for  a  billboard,  sign  or  other  advertising  device  shall  be 
issued  unless  written  notice  of  the  application  therefor  stat- 
ing the  proposed  location  shall  have  been  given  at  least 
thirty  days  earher  to  the  city  or  town  in  which  the  proposed 
billboard,  sign  or  other  advertising  device  is  to  be  located. 
The  board  may  delegate  to  the  executive  director  authority 
to  issue  licenses  or  permits,  subject  to  the  provisions  of 
section  twenty -nine  A,  where  no  objection  has  been  received 
to  the  pending  application.  Except  as  hereinafter  provided, 
before  establishing  or  amending  rules  and  regulations  under 
this  section,  the  board  shall  hold  duly  advertised  pubhc 
hearings  in  Boston  and  in  such  other  cities  and  towns  within 
the  commonwealth  as  it  deems  necessary  or  expedient.  Cities 
and  towns  may  further  regulate  and  restrict  said  billboards, 
signs  or  other  devices  within  their  respective  limits  by  ordi- 
nance or  by-law,  not  inconsistent  with  sections  twenty-nine 
to  thirty-three,  inclusive,  or  with  said  rules  and  regulations. 

Section  5.  Said  chapter  93  is  hereby  further  amended 
by  inserting  after  section  29  the  following  section:  —  Sec- 
tion 29 A.  Whenever,  within  thirty  days  after  notification 
to  the  city  or  town,  the  board  shall  have  received  written 
objection  to  an  apphcation  for  a  permit,  such  permit  shall 
issue  only  after  consideration  by  the  board  of  such  objection, 
and  whenever,  within  thirty  days  after  notification  to  the 
city  or  town,  the  board  shall  have  received  written  notice  of 
intention  to  appear  in  opposition  to  the  application,  the 
board  shall  issue  such  permit  only  after  a  public  hearing  on 
due  notice  to  the  apphcant  and  the  city  or  town.  Any  ap- 
phcant  for  a  permit,  or  any  city  or  town  wherein  a  permit 
is  to  be  issued,  aggrieved  by  a  decision  of  the  executive 
director  with  respect  to  the  issuance  or  revocation  of  a  li- 
cense or  permit  for  the  erection  or  maintenance  of  a  bill- 
board, sign  or  other  advertising  device,  may,  within  fifteen 
days  thereafter,  appeal  from  such  decision  to  the  board, 
which  may,  after  a  public  hearing  held  on  due  notice,  order 
such  decision  to  be  affirmed,  modified  or  annulled.  The 
board  may  in  its  discretion  order  a  public  hearing  with 
respect  to  any  decision  of  the  executive  director  within 
fifteen  days  after  such  decision,  and  may  after  such  hearing 
order  such  decision  to  be  affirmed,  modified  or  annulled. 
The  findings  of  the  board  on  matters  heard  before  it  shall 
be  final  except  with  respect  to  matters  of  law. 

Section  6.  Said  chapter  93  is  hereby  further  amended 
by  striking  out  section  30A,  as  amended  by  section  4  of 
chapter  612  of  the  acts  of  1946,  and  inserting  in  place  thereof 
the  following  section:  —  Section  30 A.  Any  billboard,  sign 
or  other  device,  erected  after  August  twentieth,  nineteen 
hundred  and  twenty,  without  the  authorization  or  permit 
of  the  outdoor  advertising  division,  or  of  the  outdoor  ad- 


Acts,  1955.  —  Chap.  584.  479 

vertising  authority,  or  of  the  department  of  public  works 
prior  to  the  estabhshment  of  the  authority,  in  cases  where 
such  authorization  or  permit  is  required,  or  maintained  after 
said  date  in  violation  of  any  rule  or  regulation  of  the  board, 
shall  be  deemed  a  nuisance.  The  outdoor  advertising  board 
shall  have  the  same  power  to  abate  and  remove  any  such 
nuisance  as  is  given  the  board  of  health  of  a  town  under 
sections  one  hundred  and  twenty-three  to  one  hundred  and 
twenty-five,  inclusive,  of  chapter  one  hundred  and  eleven, 
and  the  provisions  of  said  sections  shall,  so  far  as  applicable, 
apply  in  the  case  of  a  nuisance  as  herein  defined.  The 
remedy  herein  provided  shall  be  in  addition  to  any  other 
remedy  provided  by  law. 

Section  7.     Said  chapter  93  is  hereby  further  amended  EJ^'^'-i^l'si 
by  striking  out  section  31,  as  appearing  in  the  Tercentenary  amended. 
Edition,  and  inserting  in  place  thereof  the  following  section: 
—  Section  81.     The  supreme  judicial  and  superior  courts  Jurisdiction 
shall  have  jurisdiction  in  equity  upon  petition  of  the  at-  "urSf^nd 
torney  general,  of  any  city  or  town  or  any  officer  thereof,  superior  courts, 
or  of  any  interested  party,  to  restrain  the  erection  or  mainte- 
nance of  any  billboard,  sign  or  other  device  erected  or  main- 
tained in  violation  of  any  rule,  or  regulation,  adopted  by  the 
board  under  section  twenty-nine,  and  to  order  the  removal 
or  abatement  of  such  billboard,  sign  or  device  as  a  nuisance. 

Section  8.  The  initial  filling  of  the  office  of  executive 
director  provided  for  by  section  five  D  of  chapter  sixteen 
of  the  General  Laws,  as  inserted  by  section  three,  shall  be 
made  by  the  transfer  of  the  present  incumbent  of  the  office 
of  executive  director  of  the  outdoor  advertising  authority  to 
the  service  of  the  outdoor  advertising  division  in  the  de- 
partment of  public  works,  and  such  incumbent  shall  be 
certified  for  and  serve  in  said  office  of  executive  director 
without  further  civil  service  examination.  Each  of  the  other 
employees  of  the  outdoor  advertising  authority,  not  in- 
cluding, however,  the  present  members  of  the  board,  is 
hereby  transferred  to  the  outdoor  advertising  division.  No 
transfer  hereunder  shall  impair  the  civil  service,  retirement, 
seniority  or  other  rights  of  any  person  so  transferred.  The 
outdoor  advertising  authority  shall  deliver  to  the  said  out- 
door advertising  division  such  records  and  other  data  now 
in  custody  of  said  authority  as  may  be  necessary  for  the 
proper  functioning  of  said  division. 

Section  9.  The  rules  and  regulations  for  the  control  and 
restriction  of  billboards,  signs  and  other  advertising  devices 
adopted  by  the  outdoor  advertising  authority  and  in  force  on 
the  effective  date  of  this  act  shall  remain  in  full  force  and 
effect  until  amended,  repealed  or  superseded  by  the  outdoor 
advertising  board  established  by  section  five  D  of  chapter 
sixteen  of  the  General  Laws,  inserted  by  section  three.  All 
licenses  and  permits  issued  by  said  outdoor  advertising  au- 
thority and  outstanding  on  said  effective  date  shall  remain 
in  effect  until  the  expiration  dates  thereof,  and  no  rules  or 
regulation  of  said  board,  or  the  repeal  of  any  rule  or  regu- 


480 


Acts,  1955.  —  Chap.  585. 


lation  adopted  by  said  authority,  shall  require,  or  be  con- 
strued to  require,  the  removal  of  any  billboard  or  device 
which  at  the  time  of  the  issue  of  the  license  or  permit  therefor 
compHed  with  the  law  and  regulation  then  in  effect,  or  affect 
any  location  with  respect  to  which  a  license  or  permit  has 
been  granted,  but  said  board  shall  have  full  and  complete 
jurisdiction  of  said  licenses  or  permits  in  the  same  manner 
as  if  they  were  originally  granted  by  it. 

Section  10.    This  act  shall  take  effect  on  September  first, 
nineteen  hundred  and  fifty-five.     Approved  July  22,  1955. 


Chap. 585  An  Act  relative  to  the  notice  of  admission  of  cancer 

PATIENTS  IN  PONDVILLE  HOSPITAL  OR  IN  THE  CANCER 
division  op  WESTFIELD  STATE  SANATORIUM,  AND  PAY- 
MENTS FOR  THE  CARE  OF  SAID  PATIENTS. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.).  Ill, 
§  69B,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  Ill, 
§  69C,  etc., 
amended. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  provide  forthwith  for  the 
elimination  of  notice  to  the  department  of  veterans'  services 
of  admission  of  certain  cancer  patients  to  certain  state  hos- 
pitals and  the  liability  of  said  department  for  expenses  of 
caring  for  said  patients,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  pubUc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  69B  of  chapter  111  of  the  General 
Laws,  as  appearing  in  chapter  562  of  the  acts  of  1953,  is 
hereby  amended  by  striking  out,  in  lines  9  to  13,  inclusive, 
the  words  "or  if  he  is  a  veteran  or  dependent  of  a  veteran, 
to  the  veterans'  aid  department  of  such  town  and  said  de- 
partment shall  be  liable  for  the  expense  of  care.  In  no  case 
shall  either  department  be  liable  for  expense  for  more  than 
three  months  prior  to  notice."  and  inserting  in  place  thereof 
the  following :  —  and  in  no  case  shall  the  said  board  be  liable 
for  expense  for  more  than  three  months  prior  to  notice. 

Section  2.  Section  69C  of  said  chapter  111,  as  so  ap- 
pearing, is  hereby  amended  by  striking  out,  in  lines  50  and 
51,  the  words  "or  veterans'  aid". 

Section  3.  The  commissioner  of  veterans'  services  is 
hereby  authorized  and  directed  to  make  reimbursement,  in 
the  manner  provided  in  section  six  of  chapter  one  hundred 
and  fifteen  of  the  General  Laws,  to  any  city  or  town  which 
has  made  payment  to  the  department  of  pubhc  health 
through  the  veterans'  agent  of  such  city  or  town  acting  as 
the  "veterans'  aid  department",  so  called,  of  such  city  or 
town  for  the  expense  of  care  of  any  veteran  or  dependent  of 
a  veteran  in  accordance  with  the  provisions  of  sections  sixty- 
nine  B  and  sixty-nine  C  of  chapter  one  hundred  and  eleven 
of  the  General  Laws  in  effect  prior  to  the  effective  date  of 
this  act;  provided,  that  no  such  reimbursement  shall  be 
made  unless  the  said  commissioner  of  veterans'  services  shall 
be  satisfied  that  such  payment  was  made  on  behalf  of  a 


Acts,,  1955. —  Chaps.  586,  587.  481 

veteran  or  dependent  of  a  veteran  settled  in  such  city  or 
towTi  and  eligible  for  veterans'  benefits  under  said  chapter 
one  hundred  and  fifteen.  Approved  July  22,  1955. 

An  Act  to  regulate  the  drawing  of  water  from  rich-  Chap. 586 

MOND  POND  IN  THE  TOWN  OF  RICHMOND  AND  THE  CITY  OF 
PITTSFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  No  person  shall  lower  or  cause  to  be  lowered 
the  waters  of  Richmond  pond,  a  great  pond  situated  in  the 
town  of  Richmond  and  the  city  of  Pittsfield,  below  the 
present  spillway  level  of  the  existing  dam  at  the  outlet  of 
said  pond,  without  having  notified  the  division  of  water- 
ways of  the  state  department  of  public  works  of  his  intention 
so  to  do,  and  having  received  prior  written  approval  of  said 
department  to  lower  the  waters  of  said  pond.  Any  person 
sustaining  damages  to  his  rights  or  property  by  reason  of 
the  provisions  of  this  act  shall  be  entitled  to  recover  the 
same  under  chapter  seventy-nine  of  the  General  Laws. 

Whoever  violates  any  provision  of  this  act  shall  be  pun- 
ished by  a  fine  of  not  less  than  one  hundred  nor  more  than 
five  hundred  dollars. 

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

Approved  July  22,  1955. 

An  Act  relative  to  the  excise  tax  on  certain  regis-  C hap. 5S7 

TERED  motor  VEHICLES  AND  TRAILERS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  p™f^^ie°^ 
to  defeat  its  purpose,  which  is  to  correct  forthwith  an  in- 
consistency, therefore  it  is  hereb}''  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section   1   of  chapter  60 A  of  the  General  e^j^'^q^'^-j  ^ 
Laws,  as  most  recently  amended  by  section  1  of  chapter  640  etol, 'amended.' 
of  the  acts  of  1954,  is  hereby  further  amended  by  striking 
out  the  sixth  paragraph  and  inserting  in  place  thereof  the 
f  ollomng  paragraph :  — 

If  a  motor  vehicle  or  trailer  is  registered  after  January  Excise  tax 
thirt3'-first  in  any  year,  the  excise  under  this  section  shall  be  veh^feiTand 
that  proportion  of  the  excise  for  the  full  year  which  the  num-  trailers, 
ber  of  months  in  said  year  following  the  month  preceding 
that  in  which  the  motor  vehicle  or  trailer  is  registered  bears 
to  twelve;    but  no  excise  shall  be  assessed  upon  the  same 
motor  vehicle  or  trailer  more  than  once  in  any  year  unless 
its  ownership  is  transferred  by  sale  or  otherwise  or  it  is  regis- 
tered after  a  surrender  of  registration  upon  removal  of  its 
owner  to  another  state  and  registration  in  such  other  state. 
If  during  any  year  ownership  of  a  motor  vehicle  or  trailer 
subject  to  an  excise  under  this  section  is  transferred  by  sale 


482  Acts,  1955.  —  Chap.  588. 

or  otherwise,  or  if  during  any  year  the  owner  of  a  motor 
vehicle  or  trailer  subject  to  such  an  excise  removes  to  an- 
other state  and  registers  such  motor  vehicle  or  trailer  in 
such  other  state  and  surrenders  its  registration  in  this  state, 
the  excise  under  this  section  shall  be  reduced  upon  applica- 
tion by  an  abatement  equal  to  that  proportion  of  an  excise 
under  this  section  on  such  motor  vehicle  or  trailer  for  the 
full  year  which  the  number  of  months  in  said  year  remain- 
ing after  the  month  in  which  such  transfer  by  sale  or  other- 
wise or  such  surrender  of  registration  occurs  bears  to  twelve ; 
provided,  however,  that  if  in  the  month  in  which  such  trans- 
fer by  sale  or  otherwise  occurs,  the  person  making  such  trans- 
fer registers  another  motor  vehicle  or  trailer  under  chapter 
ninety  and  thereby  becomes  subject  to  an  excise  under  this 
section  on  such  other  motor  vehicle  or  trailer  for  such  month, 
the  excise  under  this  section  on  the  motor  vehicle  or  trailer 
transferred  shall  be  further  reduced  upon  application  as 
aforesaid  by  an  abatement  equal  to  one  twelfth  of  a  full 
year's  excise  under  this  section  on  the  motor  vehicle  or 
trailer  transferred.  If  before  an  excise  imposed  by  this  sec- 
tion is  assessed,  notice  of  transfer  by  sale  or  otherwise  or  of 
surrender  of  registration  as  aforesaid  is  received  by  the  offi- 
cial or  officials  authorized  to  make  the  assessment,  the  excise 
shall  be  assessed  in  the  amount  to  which  it  would  be  reduced 
by  abatement  as  aforesaid.  The  excise  imposed  by  this  sec- 
tion shall  in  no  event  be  less  than  two  dollars ;  and  no  abate- 
ment under  this  section  shall  reduce  any  such  excise  to  less 
than  two  dollars. 
G.  L.  (Ter.  Section  2.     Section  one  A  of  said  chapter  sixty  A,  as 

§  ii',  et^;        most  recently  amended  by  chapter  two  hundred  and  eighty- 
repealed.  £ve  of  the  acts  of  nineteen  hundred  and  fifty-two,  is  hereby 
repealed. 

Section  3.  This  act  shall  apply  to  all  excises  imposed 
by  chapter  sixty  A  of  the  General  Laws  for  the  privilege  of 
registering  a  motor  vehicle  or  trailer  under  chapter  ninety 
of  the  General  Laws  in  the  year  nineteen  hundred  and  fifty- 
five  and  thereafter.  Approved  July  22,  1955. 

Chap. 6SS  An  Act  authorizing  the  conveyance  by  the  common- 
wealth TO  the  town  of  agawam  of  a  certain  parcel 
OF  land  situated  in  said  town. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  The  commissioner  of  natural  resources,  in 
the  name  and  on  behalf  of  the  commonwealth,  is  hereby  au- 
thorized, subject  to  the  approval  of  the  governor  and  coun- 
cil, to  convey  for  a  nominal  consideration  to  the  town  of 
Agawam,  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  stone  bound  in  a  road  at  the  northwest 
corner  of  the  land  to  be  described;    thence  running  north- 


Acts,  1955. —  Chap.  589.  483 

easterly  about  1,005  feet  to  the  southwest  corner  of  land 
now  or  formerly  of  one  Andrus;  thence  N.  78°  30'  04"  E, 
605  feet  to  the  southeast  corner  of  said  Andrus  land ;  thence 
S.  55°  31'  30"  E.  45  feet  to  a  concrete  bound;  all  bearings 
to  this  point  are  based  on  the  magnetic  meridian  of  1922,  all 
others  are  from  true  meridian;  thence  running  S.  68°  10'  E. 
360.13  feet  to  a  concrete  bound;  S.  61°  57'  E.  193.56  feet  to 
a  concrete  bound;  S.  58°  16'  02"  E.  386.83  feet  to  a  concrete 
bound;  S.  30°  17'  20"  W.  414.10  feet  to  a  concrete  bound; 
S.  45°  40'  10"  E.  180.65  feet  to  a  concrete  bound;  S.  63°  57' 
20"  W.  498.37  feet  to  a  concrete  bound;  S.  59°  13'  20"  W. 
78.02  feet  to  a  concrete  bound;  S.  63°  10'  10"  W.  906.70 
feet  to  a  concrete  bound;  N.  28°  27'  50"  W.  672.80  feet  to 
a  concrete  bound;  S.  60°  03'  W.  334.43  feet  to  a  stone  bound 
in  a  road;  thence  N.  30°  28'  W.  761.92  feet  to  the  point  of 
beginning.  Containing  47  acres  of  land,  more  or  less.  Be- 
ing that  portion  of  the  Robinson  State  park  in  said  town  of 
Agawam,  shown  on  plan  entitled  —  "Plan  of  a  portion  of 
Robinson  State  Park  on  which  the  Commonwealth  of  Massa- 
chusetts has  given  a  permit  to  the  Town  of  Agawam  to  use 
for  recreational  purposes." 

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

Approved  July  22,  1955. 

An  Act  relative  to  representative  town  government  Chap.6S9 

BY  limited  town  MEETINGS  IN  THE  TO\\TSr  OF  FAIRHAVEN. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  first  paragraph  of  section  1  of  chapter 
285  of  the  acts  of  1930  is  hereby  amended  by  striking  out, 
in  line  6,  the  word  "six"  and  inserting  in  place  thereof  the 
word:  —  eight,  —  and  by  striking  out,  in  lines  8  and  9,  the 
words:  —  "All  precincts  shall  contain  approximately  an 
equal  number  of  registered  voters." 

Section  2.  The  second  paragraph  of  section  1  of  said 
chapter  285  is  hereby  amended  by  adding  at  the  end  the 
following  sentence :  —  The  town  clerk  shall  notify  every 
registered  voter  affected  by  a  change  in  precinct  boundaries 
or  a  change  in  polling  place. 

Section  3.  Section  2  of  said  chapter  285  is  hereby 
amended  by  inserting  after  the  third  sentence  the  follo^ving 
sentence :  —  The  names  of  town  meeting  candidates  for 
three-year  terms  and  of  candidates  to  fill  vacancies  shall  be 
listed  together  in  one  group  on  the  ballot,  and  all  three-year 
terms  shall  first  be  filled  in  order  of  the  votes  received,  then 
the  vacancies  for  two  years,  if  any,  in  such  order,  and  then 
any  vacancies  for  one  year. 

Section  4.  Said  chapter  285  is  hereby  further  amended 
by  striking  out  section  4  and  inserting  in  place  thereof  the 
following  section :  —  Section  4-  Nomination  of  candidates 
for  town  meeting  members  to  be  elected  under  this  act  shall 
be  made  by  nomination  papers  signed  bj''  not  less  than  ten 
voters  of  the  precinct  in  which  the  candidate  resides,  filed 


484  Acts,  1955.  —  Chap.  589. 

with  the  registrars  of  voters  for  certification  at  least  thirty- 
five  days  before  the  election  and  filed  with  the  town  clerk 
at  least  twenty-eight  days  before  the  election;  pro\dded, 
that  any  town  meeting  member  may  become  a  candidate 
for  re-election  by  giving  written  notice  thereof  to  the  town 
clerk  at  least  forty-two  days  before  the  election.  No  nomi- 
nation papers  shall  be  valid  in  respect  to  any  candidate 
whose  written  acceptance  is  not  thereon  or  attached  thereto 
when  filed. 

Section  5.  Section  6  of  said  chapter  285  is  hereby 
amended  by  striking  out  the  first  sentence  and  inserting  in 
place  thereof  the  following  sentence :  —  A  moderator  shall 
be  elected  by  ballot  for  a  three-year  term,  and  shall  serve 
as  moderator  of  all  town  meetings,  except  as  otherwise 
provided  by  law,  until  a  successor  is  elected  and  qualified. 

Section  6.  Section  7  of  said  chapter  285  is  hereby 
amended  by  striking  out  the  second  sentence  and  inserting 
in  place  thereof  the  following  sentence :  —  Notice  of  any 
vacancy  shall  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 
prior  to  any  annual  or  special  town  meeting  for  the  purpose 
of  filHng  any  vacancy. 

Section  7.  Said  section  7  of  said  chapter  285  is  hereby 
further  amended  by  striking  out  the  fourth  and  fifth  sen- 
tences and  inserting  in  place  thereof  the  following  two  sen- 
tences :  —  At  the  said  meeting  one  third  of  the  members 
from  such  precinct  shall  constitute  a  quorum,  and  they  shall 
elect  from  their  own  number  a  chairman  and  a  clerk.  The 
choice  to  fill  any  vacancy  shall  be  by  written  ballot,  unless 
waived  by  a  two-thirds  vote  of  those  present,  and  a  majority 
of  the  votes  cast  shall  be  required  for  a  choice. 

Section  8.  Said  chapter  285  is  hereby  further  amended 
by  striking  out  section  11  and  inserting  in  place  thereof  the 
following  section:  —  Section  11.  The  representative  town 
meeting  may  appoint  such  committees  for  investigation  and 
report  as  it  may  consider  necessary. 

Section  9.  This  act  shall  be  submitted  to  the  registered 
voters  of  the  town  of  Fairhaven  at  any  annual  or  special 
town  meeting.  The  vote  shall  be  taken  in  precincts  by 
ballot  in  accordance  with  the  provisions  of  the  General 
Laws,  so  far  as  the  same  shall  be  applicable,  in  answer  to 
the  question,  which  shall  be  placed,  in  case  of  a  special 
meeting,  upon  the  ballot  to  be  used  at  said  meeting,  or  in 
case  of  an  annual  meeting,  upon  the  official  ballot  to  be 
used  for  the  election  of  to^vn  officers:  "Shall  an  act  passed 
by  the  General  Court  in  the  year  nineteen  hundred  and 
fifty-five,  entitled  'An  Act  relative  to  representative  town 
government  by  Umited  towni  meetings  in  the  to^vn  of  Fair- 
haven',  be  accepted?"  If  a  majority  of  the  voters  voting 
thereon  vote  in  the  affirmative  in  answer  to  said  question, 
this  act  shall  thereupon'take  effect,  but  not  otherwise. 

Approved  July  22,  1955, 


Acts,  1955.  — Chaps.  590,  591.  485 


An  Act  authorizing  certain  retired  persons  and  those  Chap. 590 

CLAIMING   UNDER   THEM   TO   WAIVE   THEIR   RIGHTS   TO   ANY 
PORTION    OF   THEIR   RETIREMENT   ALLOWANCES. 

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.     Chapter  32  of  the  General  Laws  is  hereby  c.  l.  (Ter. 
amended  by  inserting  after  section  90 A,  inserted  by  section  1  fgoiif  added, 
of  chapter  452  of  the  acts  of  1943,  the  following  section: —  certain  retired 
Section  90 JL     Any  person  retired  from  the  service  of  the  persons,  etc., 
commonwealth,  or  any  of  its  political  subdivisions,  under  portira  of 
any  provision  of  any  general  or  special  law  or  any  person  allowance, 
claiming  under  anj^  such  retired  emploj'ee  whether  as  bene- 
ficiary, dependent  or  otherwise,  may  waive  and  renounce  for 
himself,  his  heirs  and  legal  representatives  any  portion  of  the 
pension  or  retirement  allowance  payable  to  him  from  the 
commonwealth,    or   any   of   its   political   subdivisions,    for 
such  period  as  he  may  specify  in  such  waiver  and  renuncia- 
tion.   Such  person  may,  in  lieu  of  specifying  an  exact  period 
of  time  in  such  waiver  and  renunciation,  include  a  pro\'ision 
that  such  shall  remain  in  effect  until  further  notice. 

Section  2.    Subdivision  (2)  of  section  5  of  said  chapter  32  S-j^-IJ*'!-- 
is  hereby  amended  by  striking  out  paragraph  (g),  added  by  etc., 'amended, 
chapter  492  of  the  acts  of  1954.     Approved  July  22,  1955. 

An  Act  relative  to  the  council  for  the  aging.        C/iat). 591 

Be  it  enacted,  etc.,  as  folloivs: 

Chapter  6  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  73,  inserted  by  section  2  of  chapter  537  ftoi! 'amended. 
of  the  acts  of  1954,  and  inserting  in  place  thereof  the  follow- 
ing section:  —  Section  73.     There  shall  be  a  board,  to  be  Council  for 
known  as  the  council  for  the  aging,  hereinafter  called  the  me^mSrehip 
council,  to  consist  of  the  commissioner  of  education,  the  *«™'  «*"• 
commissioner  of  mental  health,  the  commissioner  of  public 
health,  the  commissioner  of  public  welfare,  the  commissioner 
of  labor  and  industries,  or  their  respective  representatives, 
and  four  members  to  be  appointed  by  the  governor,  with  the 
advice  and  consent  of  the  council.    The  members  shall  serve 
without  compensation  but  shall  receive  their  necessary  ex- 
penses incurred  in  the  discharge  of  their  official  duties.    The 
chairman  of  the  council  shall  be  designated  from  time  to  time 
by  the  governor.    Upon  the  expiration  of  the  term  of  a  mem- 
ber appointed  by  the  governor,  his  successor  shall  be  ap- 
pointed in  the  same  manner  for  a  term  of  four  5''ears.    Said 
council  shall  act  in  an  advisory  and  consultative  capacity 
with  the  general  objective  of  co-ordinating  within  the  several 
departments  of  the  commonwealth  programs  designed  to  meet 
the  problems  of  the  aging  and  may  promote,  assist  and  co- 
ordinate activities  designed  to  meet  such  problems  at  com- 
munity levels. 

The  council  shall  be  provided  with  suitable  ofRces  in  the 
state  house  or  elsewhere  within  the  citv  of  Boston.     The 


486 


Acts,  1955.  — Chap.  592. 


G.  L.  (Ter. 
Ed.).  62,  §  9, 
amended. 


G.  L.  (Ter. 
Ed.),  62,  §  10, 
etc.,  amended. 


Tax  on  income 
of  certain 
estates  and 
trusts. 


council  may,  within  the  limits  of  the  amount  appropriated 
therefor,  appoint  an  executive  secretary  and  such  clerks  and 
assistants  as  it  may  require  and  may  make  such  expendi- 
tures as  may  be  necessary  to  execute  effectivelj^  the  func- 
tions of  the  council.  Said  executive  secretary  shall  not  be 
subject  to  chapter  thirty-one.        Approved  July  22,  1955. 

Chap. 592  An  Act  relative  to  the  taxation  of  income  of  estates 

AND  TRUSTS  AND  TO  THE  TIME  OF  FILING  RETURNS  THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  9  of  chapter  62  of  the  General  Laws, 
as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  striking  out,  in  line  10,  the  words  "section  one  of". 

Section  2.  Said  chapter  62  is  hereby  further  amended 
by  striking  out  section  10,  as  amended  by  section  1  of  chap- 
ter 387  of  the  acts  of  1954,  and  inserting  in  place  thereof 
the  following  section:  —  Section  10.  The  income  received 
by  estates  held  in  trust  bj''  trustees  or  other  fiduciaries  ap- 
pointed by  a  Massachusetts  court,  under  the  will  of  a  person 
who  died  an  inhabitant  of  the  commonwealth,  or  the  income 
received  by  trustees  under  a  trust  created  by  a  person  or 
persons  any  one  of  whom  was  a  resident  of  Massachusetts 
at  the  time  of  the  creation  of  the  trust  or  at  any  time  dur- 
ing the  year  for  which  the  income  is  computed,  or  who  died 
an  inhabitant  of  the  commonwealth,  any  one  of  which  trus- 
tees or  other  fiduciaries  is  an  inhabitant  of  the  common- 
wealth, shall  be  subject  to  the  taxes  imposed  by  this  chapter 
to  the  extent  that  the  persons  to  whom  the  income  from  the 
trust  is  payable,  or  for  whose  benefit  it  is  accumulated,  are 
inhabitants  of  the  commonwealth.  Income  so  received  and 
accumulated  for  unborn  or  unascertained  persons,  or  persons 
with  uncertain  interests  shall  be  taxed  as  if  accumulated  for 
the  benefit  of  a  known  inhabitant  of  the  commonwealth  to 
the  following  extent :  — 

1.  Where  all  or  any  one  of  the  trustees  or  other  fiduciaries 
have  derived  their  appointment  from  a  court  of  the  common- 
wealth or  are  required  to  account  to  a  court  of  the  common- 
wealth, the  whole  amount  of  income  thus  accumulated  shall 
be  taxed. 

2.  Where  all  of  the  trustees  or  other  fiduciaries  are  in- 
habitants of  the  commonwealth,  the  whole  amount  of  in- 
come thus  accumulated  shall  be  taxed. 

3.  Where  any  one  or  more  of  the  trustees  is  an  inhabitant 
of  the  commonwealth,  the  proportion  of  the  income  accu- 
mulated for  unborn  or  unascertained  persons,  or  persons 
with  uncertain  interests,  shall  be  taxed  which  is  represented 
by  the  ratio  of  trustees  who  are  inhabitants  of  the  common- 
wealth to  the  total  number  of  trustees.  For  the  purposes 
of  this  section  and  of  section  nine  income  shall  be  deemed 
to  be  accumulated  for  unborn  or  unascertained  persons  or 
persons  with  uncertain  interests  when  thus  accumulated  by 
estates,  by  trustees  or  other  fiduciaries,  who  are  subject  to 
the  provisions  of  this  section  or  of  section  nine,  for  the  bene- 


Acts,  1955.  —  Chap.  592.  487 

fit  of  any  future  interest  other  than  a  remainder  presently 
vested  in  a  person  or  persons  in  being  not  subject  to  be 
divested  by  the  happening  of  any  contingency  expressly  men- 
tioned in  the  instrument  creating  the  trust. 

No  person  shall  be  taxed  under  this  chapter  for  income 
received  from  any  trustee  or  other  fiduciary,  which  income 
has  itself  been  taxed  under  this  section. 

The  trustees  may  deduct  from  the  income  taxable  under 
section  one  a  proper  amount  for  the  amortization,  according 
to  any  approved  method,  of  premiums  paid  upon  bonds 
owned  by  the  estate,  the  income  of  which  is  taxable  under 
said  section  one. 

In  the  computation  of  the  tax,  the  trustees,  but  not  ex- 
ecutors or  administrators  even  though  acting  as  trustees,  in 
addition  to  the  deduction  on  account  of  interest  paid,  al- 
lowed under  section  two,  shall  be  entitled  to  the  following 
deductions  from  income  taxable  under  section  one,  and  under 
paragraphs  (a)  and  (c)  of  section  five,  before  the  taxable  in- 
come of  the  beneficiaries  shall  finally  be  determined :  — 

(a)  Such  proportion  of  the  following  items  as  the  amounts 
of  income  taxable  under  section  one  and  subsections  (a)  and 
(c)  of  section  five  together  bear  to  the  total  income  received 
by  the  trustee  from  all  sources,  exclusive  of  income  taxable 
under  subsection  (6)  of  section  five;  (1)  amounts  paid  within 
the  year  for  rental  of  safe  deposit  boxes;  and  (2)  amounts 
paid  within  the  year  for  premiums  on  surety  bonds  of  the 
trustee. 

(6)  The  compensation  actually  paid  during  the  year  to 
the  trustees  upon  such  income  taxable  under  section  one  as 
is  payable  to  or  accumulated  for  inhabitants  of  the  common- 
wealth, or  for  unborn  or  unascertained  persons  or  persons 
with  uncertain  interests,  to  an  amount  not  exceeding  six 
per  cent  of  such  taxable  income. 

Section  3.     Said  chapter  62  is  hereby  further  amended  Ed^'eJTii 
by  striking  out  section  11,  as  appearing  in  the  Tercentenary  ameAded. 
Edition,  and  inserting  in  place  thereof  the  following  sec- 
tion:—  Section  11.     Any  inhabitant  of  the  commonwealth  b°'^°e™wen*f'''^*^ 
who  receives,  is  entitled  to,  or  to  whom  income  is  available  from  non-resi- 
from  one  or  more  trustees  or  other  fiduciaries  who  are  not  "^^"^  trustee. 
subject  to  taxation  under  this  chapter,  shall  be  subject  to 
the  taxes  imposed  by  this  chapter  upon  such  income  accord- 
ing to  the  nature  of  the  income  received  by  such  trustees  or 
other  fiduciaries,  and  shall  include  such  income  in  a  return 
as  required  by  section  twenty-two. 

Section  4.    Section  25  of  chapter  62  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  the  third  sentence,  as  amended.^  ^^' 
appearing  in  the  Tercentenary  Edition,   and  inserting  in 
place  thereof  the  following  sentence:  —  If  a  person  has  been  Time  for  filing 
appointed  executor  or  administrator  after  January  first  in  ret^nl*^^ 
any  year  the  return  of  such  income  received  by  his  decedent 
but  not  reported  by  him  shall  be  due  and  shall  be  filed  on 
or  before  the  fifteenth  day  of  the  fourth  month  after  the 
date  of  such  appointment.  Approved  July  22,  1965. 


488  Acts,  1955.  —  Chaps.  593,  594. 

Chap. 593  An  Act  authorizing  the  department  of  public  works 

TO  ACQUIRE  CERTAIN  LAND  IN  THE  TOWN  OF  DANVERS  FOR 
THE  PURPOSE  OF  CONSTRUCTING  A  DISTRICT  OFFICE  AD- 
MINISTRATIVE   BUILDING. 

Be  a  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  works,  on  behalf 
of  the  commonwealth,  is  hereby  authorized  to  take  by  emi- 
nent domain  under  chapter  seventy-nine  of  the  General 
I^aws,  or  acquire  by  purchase,  transfer  or  otherwise,  for  the 
purpose  of  constructing  a  district  ofhce  administrative  build- 
ing, subject  to  the  approval  of  the  governor  and  council, 
two  certain  parcels  of  land  in  the  town  of  Danvers  bounded 
and  described  as  follows:  —  The  first  parcel  is  located  on 
the  southerly  corner  of  the  intersection  of  Preston  street 
and  the  Newburyport  turnpike  and  contains  4.5  acres,  more 
or  less.  The  second  parcel  is  contiguous  to  the  first  parcel 
and  is  located  on  the  northwesterly  quadrant  of  the  inter- 
change of  the  Newburyport  turnpike  and  Maple  street  and 
contains  4.3  acres,  more  or  less.  All  as  shown  on  a  plan  of 
land  in  Danvers  entitled  Danvers,  proposed  site  of  District 
Office  Building  —  District  5  —  March  22,  '55,  on  file  with 
the  department  of  public  works.  Any  person  whose  prop- 
erty has  been  so  taken  or  injured  by  the  department  of 
pubhc  works  under  authority  of  this  act  may  recover  com- 
pensation therefor  from  the  commonwealth  under  said  chap- 
ter seventy-nine. 

Section  2.  The  department  of  mental  health  is  hereby 
authorized  and  directed  to  transfer  to  the  department  of 
public  works  without  consideration  the  land  described  in 
section  one  as  the  second  parcel. 

Section  3.  The  department  of  pubhc  works  is  hereby 
further  authorized  to  grant  any  necessary  rights  of  way 
over  said  land  to  provide  access  to  property  to  which  the 
right  of  access  may  have  been  taken  or  acquired  under 
section  one.  Approved  July  22,  1955. 

Chap. 594:  An  Act  increasing  pensions  payable  under  the  perma- 
nent SCHOOL  pension  FUND  IN  THE  CITY  OF  BOSTON  AND 
equalizing   PENSIONS   PAID   THEREUNDER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  468  of  the  acts  of  1951  is  hereby 
amended  by  striking  out  sections  6  and  7  and  inserting  in 
place  thereof  the  following  two  sections :  —  Section  6.  The 
pension  payable  to  any  member  retired  under  section  five  of 
this  act  shall  be  as  follows:  —  If  the  member  shall  have 
been  retired  after  service  for  a  period  aggregating  thirty 
years  or  more,  ten  of  which  shall  have  been  in  the  employ 
of  the  school  committee,  such  member  shall  receive  an  an- 
nual pension  of  fifteen  hundred  and  twenty  dollars.  If  the 
member  shall  have  been  retired  after  service  for  a  period 
aggregating  less  than  thirty  years,  ten  of  which  shall  have 


Acts,  1955.  — Chap.  595.  489 

been  in  the  employ  of  the  school  committee,  such  member 
shall  receive  an  annual  pension  which  bears  the  same  ratio 
to  fifteen  hundred  and  twenty  dollars  as  the  total  number 
of  years  of  service  of  such  member  bears  to  thirty ;  provided, 
that  the  annual  pension  of  such  member  shall  be  not  less 
than  one  thousand  dollars. 

Section  7.  The  amount  of  the  pension  of  every  person 
retired  before  the  effective  date  of  this  act  under  chapter 
five  hundred  and  eighty-nine  of  the  acts  of  nineteen  hun- 
dred  and  eight,  as  from  time  to  time  amended,  and  the 
amount  of  the  pension  of  every  person  retired  under  this 
act  prior  to  September  first,  nineteen  hundred  and  fifty- 
five,  shall  be  re-established  in  accordance  with  the  provi- 
sions of  this  act,  to  date  from  said  September  first ;  and  the 
amount  of  the  pension  of  every  person  granted  before  the 
effective  date  of  this  act  a  pension  under  section  four  of 
chapter  six  hundred  and  seventeen  of  the  acts  of  nineteen 
hundred  and  ten,  as  amended,  shall  be  re-established  at  the 
minimum  amount  payable  under  the  last  sentence  of  section 
six  of  this  act,  to  date  from  said  September  first.  Nothing 
in  this  act  as  amended  shall  be  construed  to  decrease  the 
amount  of  any  pension  being  paid  to  any  person. 

Section  2.  Nothing  in  this  act  shall  be  construed  to 
diminish  the  reimbursements  provided  for  by  section  two  of 
chapter  six  hundred  and  seventy-four  of  the  acts  of  nineteen 
hundred  and  forty-seven  and  paragraph  (c)  of  subdivision 
(2)  of  section  twenty  of  chapter  thirty-two  of  the  General 
Laws;  provided,  that  no  such  reimbursement  shall  be  made 
with  respect  to  any  pension  increase  resulting  from  the 
enactment  of  this  act. 

Section  3.  This  act  shall  take  effect  on  September  first 
in  the  current  year;  provided,  that  prior  to  said  date  it  has 
been  accepted  by  vote  of  the  city  council  of  the  city  of 
Boston,  subject  to  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  July  22,  1955. 

An  Act  providing  for  the  liquidation  and  abandon-  Chap. 595 

MENT    OF    A     STATE-AIDED     VETERANS    HOUSING     PROJECT, 

BOSTON  200-13. 
Be  it  enacted,  etc.,  as  follows: 

The  Boston  Housing  Authority,  subject  to  the  approval 
of  the  chairman  of  the  state  housing  board,  is  hereby  au- 
thorized and  directed  to  dispose  of  all  the  assets  acquired 
by  it  in  the  pending  development  of  state-aided  veterans 
housing  project.  Boston  200-13.  Said  Authority  shall,  with 
the  approval  of  the  chairman  of  the  state  housing  board, 
sell  at  public  or  private  sale  land  acquired  for  the  project 
and  may,  with  the  approval  of  said  chairman,  execute  a 
deed,  approved  by  the  attorney  general  as  to  form,  in  behalf 
of  said  Authority.  All  funds  received  from  any  source 
relating  to  said  project  shall  be  credited  against  the  out- 
standing indebtedness  of  the  Authority  in  respect  to  the 


490 


Acts,  1955. —  Chap.  596. 


project.  The  Authority  shall  file  a  statement  of  expenses 
incurred  since  the  inception  of  the  project  and  all  trans- 
actions pertaining  thereto  with  the  state  housing  board  and 
with  the  auditor  of  the  commonwealth.  The  Authority- 
shall  certify  the  amount  of  the  deficiency  remaining  upon 
completion  of  the  liquidation  of  the  project,  and,  upon 
verification  and  certification  by  the  state  auditor,  the  state 
housing  board  shall  authorize  payment  of  the  balance  due 
to  meet  the  commonwealth's  guarantee  of  the  note  or  notes 
in  connection  with  said  project  from  funds  appropriated 
therefor.  Approved  July  22,  1956. 


G.  L.  (Ter. 
Ed.),  65,  §  1, 
etc.,  amended. 


Taxation  of 
legacies  and 
successions. 

Exemptions. 


Chap. 59Q  An   Act    further   defining    charitable,    educational 

AND     religious     EXEMPTIONS     UNDER     THE     INHERITANCE 

tax  law. 

Be  it  enacted,  etc.,  as  follows: 

Section  1  of  chapter  65  of  the  General  Laws  is  hereby 
amended  by  striking  out  the  first  sentence,  as  most  recently 
amended  by  chapter  556  of  the  acts  of  1950,  and  inserting 
in  place  thereof  the  following  sentence:  —  All  property 
within  the  jurisdiction  of  the  commonwealth,  corporeal  or 
incorporeal,  and  any  interest  therein,  belonging  to  inhabit- 
ants of  the  commonwealth,  and  all  real  estate  or  any  interest 
therein  and  all  tangible  personal  property  within  the  com- 
monwealth belonging  to  persons  who  are  not  inhabitants  of 
the  commonwealth,  except  such  an  interest  in  such  real 
estate  as  is  represented  by  a  mortgage  or  by  a  transferable 
certificate  of  participation  or  share  of  an  association,  part- 
nership or  trust,  which  shall  pass  by  will,  or  by  laws  regu- 
lating intestate  succession,  or  by  deed,  grant  or  gift,  except 
in  cases  of  a  bona  fide  purchase  for  full  consideration  in 
money  or  money's  worth,  made  in  contemplation  of  the 
death  of  the  grantor  or  donor  or  made  or  intended  to  take 
effect  in  possession  or  enjoyment  after  his  death,  and  any 
beneficial  interest  therein  which  shall  arise  or  accrue  by 
survivorship  in  any  form  of  joint  ownership,  or  in  any 
tenancy  by  the  entirety  in  which  the  decedent  contributed 
during  his  life  any  part  of  the  property  held  in  such  joint 
ownership  or  tenancy  by  the  entirety  or  of  the  purchase 
price  thereof,  to  any  person,  absolutely  or  in  trust,  except 
(1)  to  or  for  the  use  of  charitable,  educational  or  rehgious 
societies  or  institutions  which  are  organized  under  the  laws 
of,  or  charitable,  educational  or  rehgious  societies  or  institu- 
tions, incorporated  or  unincorporated,  whose  principal  chari- 
table, educational  or  religious  objects  are  solely  carried  out 
within,  or  whose  charitable,  educational  or  rehgious  objects 
are  principally  and  usually  carried  out  within,  or  whose 
charitable,  educational  or  religious  acti\dties  are  principally 
and  usually  carried  out  within  the  commonwealth;  or  which 
are  organized  under  the  laws  of,  or  whose  principal  chari- 
table, educational  or  rehgious  objects  are  carried  out  within 
any  other  state  or  states  of  the  United  States  which  exempt 


Acts,  1955.  —  Chap.  597.  491 

from  similar  taxation  legacies  and  devises  by  its  citizens  to 
or  for  the  use  of  such  societies  or  institutions  which  are 
organized  under  the  laws  of,  or  whose  principal  charitable, 
educational  or  religious  objects  are  carried  out  within  the 
commonwealth;  or  (2)  for  the  saying,  singing,  performance 
or  celebration  of  reHgious  rites,  rituals,  services  or  cere- 
monies whether  to  be  conducted  within  or  without  the 
commonwealth;  or  (3)  for  or  upon  trust  for  any  charitable 
purposes  to  be  carried  out  within  the  commonwealth  and/or 
within  any  other  state  or  states  of  the  United  States  which 
exempt  from  similar  taxation  legacies  and  devises  by  its 
citizens  for  charitable  purposes  to  be  carried  out  within  this 
commonwealth;  or  (4)  to  or  for  the  use  of  the  common- 
wealth or  any  town  therein  for  public  purposes,  shall  be 
subject  to  a  tax  at  the  percentage  rates  fixed  by  the  following 
table:  —  Approved  July  22,  1956. 

An  Act  to  expedite  the  payment  of  sums  due  to  con-  Chap. 597 

TRACTORS  after   COMPLETION   OF   CERTAIN   PUBLIC  WORKS 
CONTRACTS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  30  of  the  General  Laws  is  hereby  amended  by  in-  g.  l.  (Ter. 
serting  after  section  39F,  inserted  by  chapter  609  of  the  acts  f  sgo^'^added 
of    1954,    the    following    section :  —  Section  39G.      Within  payment  to 
sixty-five  days  after  the  work  required  by  a  contract  for  the  contractors 
construction,  repair,  alteration  or  improvement  of  public  uraVf"™^'^ 
ways,  including  bridges  and  other  highway  structures,  sewers  ^fOTks°con-^^° 
and  water  mains,  airports  and  other  similar  public  works,  tracts, 
but  not  including  buildings,  for  the  commonwealth  or  any  ^^p®^'*®^ 
agency  or  political  subdi\ision  thereof  has  been  completed  to 
the  satisfaction  of  the  duly  authorized  representative  or 
agent  of  the  contracting  authority,  a  final  estimate  of  the 
quantity  of  work  done  thereunder  and  the  value  of  such 
work  shall  be  prepared  in  duplicate  by  such  duly  authorized 
representative  or  agent  of  the  contracting  authority  as  shall 
be  responsible  therefor.    After  preparation  said  final  estimate 
shall  be  submitted  forthwith  to  the  contracting  authority 
and  a  duplicate  copy  shall  be  transmitted  to  the  contractor. 
Such  final  estimate  shall  include  the  value  of  all  work  per- 
formed under  any  such  contract  and  all  retained  percentage, 
after  deducting  therefrom  the  total  of  all  previous  periodic  or 
partial  payments.     The  contracting  authority  shall  deduct 
and  retain  from  payment  of  said  final  estimate  a  sum  suf- 
ficient to  satisfy  any  and  all  outstanding  claims  or  liens  that 
have  been  duly  filed  against  a  contractor  under  the  pro- 
visions of  section  thirty-nine  or  thirty-nine  A,  and  may  also 
deduct  and  retain  from  such  pa3^ment  any  other  amounts  to 
be  deducted  or  retained  in  accordance  with  the  terms  of  the 
contract. 

If,  after  final  inspection  has  been  made,  there  are  any 
payment  or  extra  work  items  that  are  in  dispute  between  the 
contractor  and  the  contracting  authority,  either  as  to  the 


492  Acts,  1955.  — Chap.  598. 

quantity  or  value  of  work  performed  thereunder,  such  items 
may  be  excluded  from  the  final  estimate,  and  payment  for 
such  disputed  items  may  be  deferred  until  such  time  as 
agreement  has  been  reached  between  the  contractor  and  con- 
tracting authority  or  until  such  claim  has  been  adjudicated. 
In  such  cases,  a  semi-final  estimate  shall  be  prepared  w^ithin 
said  period  of  sixty-five  days  after  completion  covering  the 
value  of  all  work  performed  and  all  retained  percentage  on 
all  items  of  the  contract  that  are  not  in  dispute  but  subject 
to  the  same  deductions  and  retainage  as  set  forth  above  and 
with  all  disputed  items  excluded.  The  existence  of  a  dispute 
between  a  contractor  and  the  contracting  authority  as  to 
any  payment  item  or  items  shall  not  be  considered  a  valid 
reason  for  delaying  preparation  of  a  semi-final  estimate  as 
provided  herein. 

In  the  event  any  such  contract  has  been  substantially  com- 
pleted and  the  project  has  been  opened  to  public  use  by  order 
of  the  contracting  authority  or  its  duly  authorized  repre- 
sentative or  agents,  but  final  acceptance  of  the  work  is  sub- 
ject to  delay  because  of  minor  uncompleted  items  which  do 
not  impair  the  usefulness  of  the  project,  a  semi-final  estimate 
shall  also  be  prepared  within  a  like  period  of  sixty-five  days 
after  such  contract  has  been  substantially  completed  and 
placed  in  public  use.  Such  semi-final  estimate  shall  include 
payment  items  for  all  completed  work  and  all  retained  per- 
centage of  the  contract,  subject  to  the  same  deductions  and 
retainage  as  the  final  estimate,  but  payment  for  such  minor 
items  as  may  not  have  been  completed  or  any  items  that  are 
in  dispute  may  be  omitted  from  the  estimate  and  pajTnent 
deferred,  as  provided  in  the  second  paragraph  of  this  section. 

If  a  contracting  authority  or  its  duly  authorized  repre- 
sentative or  agent  delays  or  fails  to  prepare  any  final  or  semi- 
final estimate  within  the  period  of  time  provided  by  this 
section,  interest  on  the  amount  due  a  contractor  on  any  such 
final  or  semi-final  estimate  shall  be  computed  and  paid  by 
the  contracting  authority  at  the  rate  of  five  per  cent  per 
annum,  beginning  sixty-six  days  after  the  contract  has  been 
satisfactorily  completed,  or  the  project  has  been  substantially 
completed  and  opened  to  public  use,  as  the  case  may  be,  and 
running  until  the  date  such  estimate  has  been  prepared  and 
submitted  to  the  contractor  for  acceptance.  The  amount  of 
such  interest  shall  be  included  in  the  estimate  when  prepared. 

Ay'proved  July  22,  1955. 

Chap.59S  An  Act  providing  for  assistance  to  the  boston  arena 

AUTHORITY  TO  ENABLE  IT  TO  MAKE  NECESSARY  REPAIRS. 

Be  it  enacted,  etc.,  as  follows: 

For  the  purpose  of  enabling  the  Boston  Arena  Authority 
to  complete  the  initial  repair  of  the  Boston  Arena  through 
the  capital  fund  provided  by  section  eight  of  chapter  six 
hundred  and  sixty-nine  of  the  acts  of  nineteen  hundred  and 
fifty-three,   the  state  treasurer  is  hereby  authorized  and 


Acts,  1955.  —  Chaps.  599,  600.  493 

directed  to  pay  to  said  authority  for  addition  to  said  capital 
fund  the  further  sum  of  sixty-five  thousand  dollars,  as  may 
be  appropriated  from  the  General  Fund  or  revenue  of  the 
commonwealth  for  such  purpose.  Said  further  sum  of 
sixty-five  thousand  dollars  shall  be  apportioned  among,  as- 
sessed upon,  and  paid  into  the  state  treasury  by,  the  cities 
and  towns  constituting  the  metropolitan  parks  district  in 
like  manner  as  the  sum  originally  appropriated  by  said  sec- 
tion eight.  Approved  July  22,  1965. 

An  Act  authorizing  the  conveyance  of  certain  park  Chap. 599 

LAND  BY  THE  CITY  OF  MALDEN  TO  THE  MALDEN  HOUSING 
AUTHORITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  Maiden  is  hereby  authorized  to 
convey  to  the  Maiden  Housing  Authority,  a  body  politic 
and  corporate,  certain  park  land  belonging  to  said  city  and 
bounded  and  described  as  follows:  northerly  by  Sylvan 
street,  278.05  feet;  westerly  by  Kimball  street,  155.33  feet; 
southerly  by  lots  1,  18,  19,  20,  21  as  shown  on  Assessors' 
plans,  and  land  now  or  late  of  Jordan  and  Poor,  315.89  feet; 
and  easterly  by  land  now  or  late  of  Cinq-mars,  137.13  feet; 
be  the  above  measurements  more  or  less  or  however  other- 
wise described.  Said  land  was  abandoned  by  the  park  de- 
partment of  said  city  in  the  year  nineteen  hundred  and  fifty- 
four  as  being  no  longer  required  for  public  purposes  and  on 
October  eighteenth,  nineteen  hundred  and  fifty-four,  said 
city  ordered  the  sale  of  the  said  land  to  said  authority  for 
the  consideration  of  seven  thousand  dollars. 

Section  2.  Conveyance  of  said  park  land  by  the  city 
of  Maiden  shall  confirm  and  ratify  any  action  taken  by  the 
said  city  to  convey  said  land  to  said  authority  and  any  ac- 
tion taken  by  the  said  authority  thereunder. 

Section  3.  This  act  shall  take  full  effect  on  its  ac- 
ceptance by  the  mayor  and  city  council  of  the  city  of  Maiden 
in  accordance  with  the  provisions  of  its  charter,  but  not 
otherwise.  Approved  July  22,  1956. 

An  Act  providing  for  the  enclosure  by  pipe  or  con-  Chap.600 

DUIT    of   a   portion    OF   FURNACE   BROOK   IN    QUINCY, 

Be  it  enacted,  etc.,  as  follows: 

The  metropolitan  district  commission  is  hereby  authorized 
and  directed  to  enclose  Furnace  bmok  in  the  city  of  Quincy, 
between  Adams  street  and  Quarry  street,  by  a  conduit  or 
pipe;  provided,  that  no  expense  shall  be  incurred  for  the  work 
authorized  hereunder  until  all  owners  or  abutters  of  said 
Furnace  brook  shall  have  authorized  said  work  and  executed 
releases  to  said  commission  releasing  said  commission  and 
the  commonwealth  from  any  and  all  claims  arising  from  said 
work  and  from  any  liability  thereafter  for  defects  or  want 


494  Acts,  1955.  —  Chap.  601. 

of  repair  in  said  work.  No  assessment  shall  be  made  on  any 
owner  or  abutter  for  the  cost  of  said  work;  and  the  doing 
of  said  work  shall  not  obligate  said  commission  or  the  com- 
monwealth to  maintain  said  conduit  or  pipe.  For  the  pur- 
poses of  this  act,  said  commission  may  expend  such  sums, 
not  exceeding,  in  the  aggregate,  fifty  thousand  dollars,  as 
may  be  appropriated  therefor.       Approved  July  22,  1956. 

Chap. QOl  An  Act  establishing  an  historic  districts  commis- 
sion FOR  THE  TOWN  OF  NANTUCKET  AND  DEFINING  ITS 
POWERS  AND  DUTIES,  AND  ESTABLISHING  HISTORIC  DIS- 
TRICTS  IN   THE   TOWN    OF   NANTUCKET. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  purpose  of  this  act  is  to  promote  the 
general  welfare  of  the  inhabitants  of  the  town  of  Nantucket 
through  the  preservation  and  protection  of  historic  build- 
ings, places  and  districts  of  historic  interest;  through  the 
development  of  an  appropriate  setting  for  these  buildings, 
places  and  districts;  and  through  the  benefits  resulting  to 
the  economy  of  Nantucket  in  developing  and  maintaining 
its  vacation-travel  industry  through  the  promotion  of  these 
historic  associations. 

Section  2.  There  is  hereby  estabhshed  in  the  town  of 
Nantucket  an  Historic  Districts  Commission  consisting  of 
five  unpaid  members  who  shall  be  resident  taxpayers  of  the 
town  of  Nantucket,  to  be  appointed  by  the  selectmen.  The 
Historic  Districts  Commission  shall  have  the  powers  and 
authority  and  perform  all  the  duties  as  hereinafter  enumer- 
ated and  provided.  The  original  appointment  of  the  mem- 
bers of  the  Historic  Districts  Commission  shall  be,  one  for 
one  year,  one  for  two  years,  one  for  three  years,  one  for  four 
years,  and  one  for  five  years,  from  March  first  following  the 
year  of  such  appointment  or  until  their  successor  is  elected, 
and  thereafter  there  shall  be  elected  at  the  annual  town 
meeting  in  each  year  one  member  of  such  commission  to 
serve  for  the  term  of  five  years.  Vacancies  occurring  in  the 
commission,  other  than  by  expiration  of  term  of  office,  shall 
be  filled  by  appointment  by  the  selectmen,  but  such  ap- 
pointment shall  be  only  for  the  unexpired  portion  of  the 
term  of  the  member  replaced. 

Section  3.  There  is  hereby  estabhshed  in  the  town  of 
Nantucket  two  districts  to  be  known  as  (1)  Old  and  Historic 
Nantucket  District,  and  (2)  Old  and  Historic  Siasconset 
District. 

The  bounds  of  the  Old  and  Historic  Nantucket  District 
are  defined  for  the  purpose  of  this  act  as  follows:  —  Be- 
ginning at  the  junction  of  Union  and  Main  streets  running 
southerly  and  southeasterly  along  Union  street  to  York 
street;  then  southwesterly  along  York  street  to  West  York 
street;  thence  westerly  along  West  York  street  to  the  junc- 
tion of  West  York  street  and  Prospect  street;  thence  north- 
westerly along  Prospect  street  to  the  junction  of  Prospect 


Acts,  1955. —  Chap.  601.  495 

street,  Milk  street  and  Quaker  road;  thence  crossing  Milk 
street  to  Quaker  road  and  thence  northwesterly  along 
Quaker  road  to  its  junction  with  Main  street;  thence  east- 
erly along  Main  street  to  Howard  street;  thence  along 
Howard  street  northerly  and  easterly  to  Gardner  street; 
thence  northerly  along  Gardner  street  to  its  junction  with 
North  Liberty  street;  thence  northwesterly  and  northerly 
along  North  Liberty  street  to  its  junction  with  Cliff  road; 
thence  southeasterly  along  Cliff  road  to  its  junction  with 
Chester,  Easton  and  North  Water  streets;  thence  south- 
easterly along  North  Water  street  to  its  junction  with 
Broad  street;  thence  easterly  along  Broad  street  to  Easy 
street;  thence  southerly  along  Easj^  street  to  Old  North 
Wharf;  thence  easterly  to  include  Old  North  Wharf;  thence 
southerly  to  Main  street,  and  thence  on  Main  street  to  its 
junction  on  the  south  side  with  Union  street,  the  point  of 
beginning. 

The  bounds  of  the  Old  and  Historic  Siasconset  District 
are  defined  for  the  purpose  of  this  act  as  follows :  —  Be- 
ginning at  the  junction  of  Main  and  Burnell  streets  easterly 
along  Main  street  to  Morey  lane;  thence  southeasterly 
along  Morey  lane  to  its  junction  with  Ocean  avenue;  thence 
northerly  along  Ocean  avenue  to  the  bridge  crossing  over 
South  GuUey  road;  thence  along  the  said  bridge  and  road- 
way beyond  to  its  junction  with  Broadway  and  Front  street; 
thence  northerly  along  Front  street  to  its  junction  with 
Broadway;  thence  northwesterly  along  the  roadway  past 
Center  street  to  its  junction  with  Shell  street;  thence 
southerly  along  Shell  street  to  New  street;  thence  westerly 
along  New  street  to  its  junction  with  School  street;  thence 
southwesterly  along  School  street  to  Main  street;  thence 
westerly  along  Main  street  to  its  junction  with  Burnell 
street,  the  point  of  beginning. 

The  boundary  hnes  of  both  districts  as  generally  defined 
by  the  several  streets  shall  be  the  existing  rear  boundary  lot 
hne,  as  of  the  date  of  this  act,  of  the  lots  bordering  on  the 
outside  Une  of  the  streets  named  as  boundaries,  or  two 
hundred  feet  from  the  outside  line  of  the  streets  named  as 
boundaries,  whichever  is  the  lesser  distance. 

Section  4.  No  building  or  structure  shall  hereafter  be 
erected,  reconstructed,  altered  or  restored  within  the  Old 
and  Historic  Nantucket  District  or  the  Old  and  Historic 
Siasconset  District  unless  and  until  an  apphcation  for  a 
building  permit  shall  have  been  approved  as  to  exterior 
architectural  features  which  are  subject  to  public  view 
from  a  pubUc  street,  way  or  place.  Evidence  of  such  re- 
quired approval  shall  be  a  certificate  of  appropriateness 
issued  by  the  Historic  Districts  Commission. 

Section  5.  No  building  or  structure  within  the  Old  and 
Historic  Nantucket  District  or  the  Old  and  Historic  Sias- 
conset District  shall  be  razed  without  first  obtaining  a  permit 
approved  by  the  Historic  Districts  Commission,  and  said 
commission  shall  be  empowered  to  refuse  such  a  permit  for 


496  Acts,  1955.  — Chap.  601. 

any  building  or  structure  of  such  architectural  or  historic 
interest,  the  removal  of  which  in  the  opinion  of  said  com- 
mission would  be  detrimental  to  the  public  interest  of  the 
town  of  Nantucket  or  the  village  of  Siasconset. 

Section  6.  The  erection  or  display  of  an  occupational  or 
other  sign  exceeding  two  feet  in  length  and  six  inches  in 
width  or  the  erection  or  display  of  more  than  one  such  sign, 
irrespective  of  size,  on  any  lot,  building  or  structure  located 
within  the  Old  and  Historic  Nantucket  District  or  the  Old 
and  Historic  Siasconset  District  must  be  approved  in  ad- 
vance by  the  Historic  Districts  Commission.  Evidence  of 
such  approval  shall  be  a  certificate  of  appropriateness  issued 
by  the  said  commission. 

Section  7.  The  Historic  Districts  Commission  shall  elect 
its  chairman  and  secretary.  The  commission  shall  meet 
within  ten  days  after  notification  by  its  secretary  of  the 
receipt  of  an  application  for  a  certificate  of  appropriateness 
or  permit  for  removal  and  at  such  other  times  as  the  com- 
mission may  determine,  or  upon  call  of  the  chairman  or  of 
any  two  members.  It  shall  keep  a  permanent  record  of  its 
resolutions,  transactions  and  determinations,  and  may  make 
such  rules  and  regulations  consistent  with  this  act,  as  may 
appear  desirable  and  necessary.  It  may  hold  public  or 
private  hearings  as  it  may  deem  advisable.  It  may  incur 
expenses  necessary  to  the  carrying  on  of  its  work  within  the 
amount  of  its  annual  appropriation. 

Section  8.  (a)  It  shall  be  the  function  and  the  duty  of 
the  Historic  Districts  Commission  to  pass  upon  the  ap- 
propriateness of  exterior  architectural  features  of  buildings 
and  structures  hereafter  to  be  erected,  reconstructed,  al- 
tered or  restored  in  the  Old  and  Historic  Nantucket  District 
and  the  Old  and  Historic  Siasconset  District  wherever  such 
exterior  features  are  subject  to  public  view  from  a  public 
street  or  way.  All  plans,  elevations  and  other  information 
deemed  necessary  by  the  commission  to  determine  the  ap- 
propriateness of  the  exterior  features  to  be  passed  upon 
shall  be  made  available  to  the  commission  by  the  applicant. 
It  shall  also  be  the  duty  of  the  commission  to  pass  upon  the 
removal  of  any  building  within  said  districts  as  set  forth  in 
section  five,  and  the  erection  or  display  of  occupational  or 
other  signs  as  set  forth  under  section  six. 

(6)  The  Historic  Districts  Commission,  in  passing  upon 
appropriateness  of  exterior  architectural  features  in  any 
case,  shall  keep  in  mind  the  purposes  set  forth  in  section  one, 
and  shall  consider  among  other  things  the  general  design, 
arrangement,  texture,  material  and  color  of  the  building  or 
structure  in  question  and  the  relation  of  such  factors  to 
similar  features  of  buildings  and  structures  in  the  immediate 
surroundings. 

(c)  The  Historic  Districts  Commission  shall  not  consider 
detailed  designs,  relative  size  of  buildings  in  plan,  interior 
arrangement  or  building  features  not  subject  to  public  \dew. 
The  commission  shall  not  make  any  recommendations  or  re- 


Acts,  1955.  —  Chap.  601.  497 

quirements  except  for  the  purpose  of  preventing  develop- 
ments obviously  incongruous  to  the  historic  aspects  of  the 
surroundings  and  the  Old  and  Historic  districts. 

(d)  In  case  of  disapproval  the  commission  shall  state  its 
reasons  therefor  in  writing  and  it  may  make  recommenda- 
tions to  the  applicant  with  respect  to  appropriateness  of 
design,  arrangement,  texture,  material,  color  and  the  like, 
of  the  building  or  structure  involved. 

(e)  Upon  approval  of  the  plans  the  commission  shall 
cause  a  certificate  of  appropriateness,  dated  and  signed  by 
the  chairman,  to  be  issued  to  the  applicant  or  affixed  to 
the  plans. 

(/)  If  the  commission  shall  fail  to  take  final  action  in  any 
case  within  sixty  days  after  receipt  of  any  application  for  a 
certificate  of  appropriateness  or  a  permit  for  removal,  the 
case  shall  be  deemed  to  be  approved  except  where  mutual 
agreement  has  been  reached  for  an  extension  of  the  time 
limit. 

Section  9.  Any  person  who  violates  any  of  the  provisions 
of  this  act  shall  be  guilty  of  a  misdemeanor,  and  upon  con- 
viction thereof  shall  be  fined  not  less  than  ten  dollars  nor 
more  than  five  hundred  dollars,  which  shall  be  forfeited  to 
the  use  of  the  town.  Each  day  that  a  violation  continues  to 
exist  shall  constitute  a  separate  offence. 

Section  10.  Appeals  may  be  taken  to  the  board  of 
selectmen  by  any  person  aggrieved  by  a  ruling  of  the  Historic 
Districts  Commission.  The  board  of  selectmen  shall  hear 
and  act  upon  such  appeals  promptly  and  the  decision  of 
the  board  shall  be  as  determined  by  a  majority  vote  of  the 
members  of  the  board. 

Section  11.  Any  person  or  the  Historic  Districts  Com- 
mission aggrieved  by  a  decision  of  the  board  of  selectmen, 
may  appeal  to  the  superior  court  sitting  in  equity  for  the 
county  of  Nantucket;  provided,  that  such  appeal  is  filed  in 
said  court  within  fifteen  days  after  such  decision  is  recorded. 
The  court  shall  hear  all  pertinent  evidence  and  determine  the 
facts,  and  upon  the  facts  so  determined,  annul  such  de- 
cision if  found  to  exceed  the  authority  of  such  board,  or 
make  such  other  decree  as  justice  and  equity  may  require. 
The  foregoing  remedy  shall  be  exclusive,  but  the  parties  shall 
have  all  rights  of  appeal  and  exception  as  in  other  equity  cases. 

Costs  shall  not  be  allowed  against  the  Historic  Districts 
Commission  or  the  board  of  selectmen  unless  it  shall  appear 
to  the  court  that  the  commission  or  the  board  in  making  the 
decision  appealed  from  acted  with  gross  negligence,  in  bad 
faith  or  \nth  malice. 

Costs  shall  not  be  allowed  against  the  party  appealing 
from  the  decision  of  the  Historic  Districts  Commission  or 
the  board  of  selectmen  unless  it  shall  appear  to  the  court 
that  said  appellant  or  appellants  acted  in  bad  faith  or  with 
malice  in  making  the  appeal  to  the  court. 

Section  12.  The  superior  court  shall  have  jurisdiction  in 
equity  to  enforce  the  provisions  of  this  act  and  the  rulings 


498 


Acts,  1955.  —  Chap.  602. 


issued  thereunder  and  may  restrain  by  injunction  violations 
thereof. 

Section  13.  In  case  any  section,  paragraph  or  part  of 
this  act  be  for  any  reason  declared  invalid  or  held  uncon- 
stitutional by  any  court  of  last  resort,  every  other  section, 
paragraph  or  part  shall  continue  in  full  force  and  effect. 

Section  14.  This  act  shall  take  effect  upon  its  acceptance 
by  the  voters  of  the  town  of  Nantucket  at  an  annual  town 
meeting  or  any  meeting  duly  called  for  the  purpose. 

Approved  July  22,  1955. 


G.  L.  (Ter. 
Fd.),  30,  new 
§  58,  added. 

Compensation 
for  injuries  to 
certain  state 
employees. 


C hap. Q02  An  Act  regulating  the  payment  of  compensation  to 

STATE  EMPLOYEES  INJURED  IN  THE  SERVICE  OF  THE   COM- 
MONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  30  of  the  General  Laws  is  hereby  amended  by 
inserting  after  section  57,  inserted  by  chapter  485  of  the 
acts  of  1945,  the  following  section:  —  Section  58.  Any  em- 
ployee of  the  commonwealth  ehgible  to  receive  workmen's 
compensation  under  chapter  one  himdred  and  fifty-tw^o  who 
sustains  injuries  while  in  the  employ  of  the  commonwealth 
and  who  has  sufficient  sick  leave  credits  accrued  shall  be 
granted  leave  of  absence  with  pay  for  each  working  day  he 
is  absent  from  his  duties  because  of  such  injuries  until  he 
returns  to  work  or  until  the  case  has  been  approved  by  the 
industrial  accident  board. 

Workmen's  compensation  for  such  period  must  be  re- 
funded to  the  state  treasurer  or  spending  agency  of  the 
commonwealth.  The  payment  by  the  industrial  accident 
board  for  such  period  will  constitute  the  total  refund,  and 
the  employee  shall  be  credited  with  the  proportionate  part 
of  sick  leave  credits  represented  by  the  workmen's  compen- 
sation paid  by  the  industrial  accident  board. 

If  the  industrial  accident  board  refuses  to  accept  jurisdic- 
tion over  the  case  the  employee  shall  not  be  granted  leave 
with  pay  in  excess  of  his  accumulated  sick  leave  credits  or 
vacation  leave. 

Notwithstanding  the  provisions  of  this  section,  an  em- 
ployee who,  while  in  the  performance  of  duty,  receives 
bodily  injuries  resulting  from  acts  of  violence  of  patients 
or  prisoners  in  his  custody,  and  who  as  a  result  of  such 
injury  would  be  entitled  to  benefits  under  said  chapter  one 
hundred  and  fifty-two,  shall  be  paid  the  difference  between 
the  weekly  cash  benefits  to  which  he  would  be  entitled 
under  said  chapter  one  hundred  and  fifty-two  and  his  regu- 
lar salary,  without  such  absence  being  charged  against  avail- 
able sick  leave  credits,  even  if  such  absence  may  be  for  less 
than  eight  calendar  days'  duration. 

Approved  July  22 ^  1955. 


Acts,  1955.  —  Chaps.  603,  604.  499 


An  Act  establishing  a   minimum  weekly  rate  for  the  Chap. 603 

CARE  OF  AGED  PERSONS  WHO  ARE  INMATES  OF  BOARDING 
HOMES  AND  ARE  RECEIVING  ASSISTANCE  UNDER  THE  OLD 
AGE  ASSISTANCE  LAW. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^™ambfe°^ 
to  defeat  its  purpose,  which  is  to  establish  forthwith  a 
minimum  weekly  rate  for  the  care  of  aged  persons  who  are 
inmates  of  boarding  homes  and  are  receiving  assistance 
under  the  old  age  assistance  law,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  any  provision  of  law  to  the  contrary, 
or  rule  or  regulation  made  thereunder,  the  minimum  weekly 
rate  for  the  care  of  any  inmate  of  a  boarding  home  caring 
for  recipients  of  old  age  assistance  under  the  provisions  of 
chapter  one  hundred  and  eighteen  A  of  the  General  Laws 
shall  be  twenty-five  dollars.  Approved  July  26,  1965. 

An  Act  to  authorize  the  department  of  public  utili-  (7/iap.604 

TIES  to  act  as  the  BARGAINING  AGENCY  ON  BEHALF  OP 
THE    COMMONWEALTH. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  establish  forthwith  the  p'"^^'"'^^®- 
department  of  public  utilities  as  the  bargaining  agency  of 
the  commonwealth  in  order  that  it  may  intervene  and  enter 
into  negotiations  for  the  procurement  of  power  from  the 
Power  Authority  of  the  State  of  New  York  to  be  distributed 
within  the  commonwealth,  therefore  it  is  hereby  declared  to 
be  an  emergency  law  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience  and  welfare. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  department  of  public  utilities  is  hereby 
designated  as  the  bargaining  agency  on  behalf  of  the  com- 
monwealth of  Massachusetts  for  the  procurement  of  such 
power  capacity  and  power  output  from  the  Power  Authority 
of  the  State  of  New  York  as  the  department  may  have  firm 
contracts  to  resell,  with  power  to  contract  on  behalf  of  the 
commonwealth  for  the  resale  thereof  within  the  common- 
wealth on  a  non-profit  basis  for  distribution  within  the 
commonwealth  by  electric  companies  as  defined  in  chapter 
one  hundred  and  sixty-four  of  the  General  Laws  and  b}'' 
municipal  lighting  plants;  provided,  however,  that  such 
underlying  contracts  for  resale  shall  include  provisions  pro- 
tecting the  commonwealth  against  liability  for  expense  in 
connection  with  the  procurement  of  such  power  capacity  and 
output ;  and  provided,  further,  that  no  funds  shall  be  appro- 
priated by  the  general  court  for  the  purposes  of  this  act; 
and  provided,  further,  that  any  contracts  made  by  the  de- 


500  Acts,  1955.  — Chaps.  605,  606,  607. 

partment  under  this  act  shall  be  subject  to  the  approval  of 
the  governor  and  council. 

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

Approved  July  28,  1955. 

Chap. 605  An  Act  validating  certain  action  taken  at  the  annual 

TOWN  meeting  op  THE  TOWN  OF  RANDOLPH  HELD  ON 
MARCH  TWENTY-NINTH,  NINETEEN  HUNDRED  AND  FIFTY- 
FIVE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  action  taken  at  the  town  meeting  on 
March  twenty-ninth,  nineteen  hundred  and  fifty-five  to 
authorize  the  town  of  Randolph  to  construct  and  operate 
a  system  or  systems  of  sewerage  and  sewage  disposal,  and 
to  include  the  town  of  Randolph  within  the  south  metro- 
politan sewerage  district,  and  all  acts  done  in  pursuance 
thereof,  are  hereby  confirmed  and  made  valid  to  the  same 
extent  as  if  chapters  two  hundred  and  seventy-three  and 
four  hundred  and  ten  of  the  acts  of  the  current  year  were 
in  effect  for  the  purpose  of  acceptance  on  said  !}< larch  twenty- 
ninth,  nineteen  hundred  and  fifty-five. 

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

Approved  July  28,  1955. 

Chap.QOQ  An    Act    providing    for   the    reconstruction    of   the 

BRIDGE  OVER  THE  NORTH  BRANCH  OF  THE  HOOSIC  RIVER 
ON    EAST   ROAD    IN   THE   TOWN    OF   CLARKSBURG. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  department  of  public  works  is  hereby 
authorized  and  directed  to  reconstruct  the  bridge  over  the 
north  branch  of  the  Hoosic  river  on  East  road  in  the  town 
of  Clarksburg.  For  said  purpose,  said  department  may 
expend  such  sums  as  may  be  appropriated  therefor. 

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

Approved  July  28,  1955. 

Chap. 607  An  Act  to  provide  indemnification  for  property  dam- 
age, personal  injury  and  death  sustained  by  certain 
volunteer  civil  defense  workers. 

Emergency  Whercas,    The  deferred  operation  of  this  act  would  tend 

preamble.  ^^  defeat  its  purpose,  which  is  to  encourage  the  immediate 
enlistment  of  volunteer  civil  defense  workers  urgently 
needed  to  assure  adequate  civil  defense  protection,  there- 
fore 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  llA  of  chapter  639  of  the  acts  of 
1950,  inserted  by  chapter  547  of  the  acts  of  1951,  is  hereby 


Acts,  1955.  —  Chap.  608.  501 

amended  by  striking  out  the  first  sentence  of  the  second 
paragraph  and  inserting  in  place  thereof  the  following  sen- 
tence :  —  Every  person  appointed  under  paragraph  (a)  of 
section  eleven  of  this  act  and  every  volunteer,  unpaid  per- 
son appointed  by  the  director  of  civil  defense  under  section 
two  of  this  act  who,  while  participating  in  training,  or  per- 
forming duty,  in  the  city  or  town  in  which  he  is  appointed 
or  in  another  city  or  town  in  this  commonwealth  or  in 
another  state  under  or  pursuant  to  any  provision  of  this 
act  or  of  any  mutual  aid  arrangement  or  interstate  compact 
made  under  authority  thereof,  shall  without  fault  or  neglect 
on  his  part  sustain  loss  of  or  damage  to  his  property  by 
reason  of  such  participation  in  training  or  performance  of 
duty,  shall  be  indemnified  by  the  commonwealth  for  such 
loss  or  damage;  but  said  indemnification  shall  not  exceed 
fifty  dollars  for  any  one  accident. 

Section  2.  The  third  paragraph  of  said  section  llA  is 
hereby  amended  by  striking  out  the  first  sentence  and  in- 
serting in  place  thereof  the  following  sentence :  —  No  in- 
demnification or  payment  of  any  kind  shall  be  made  by  the 
commonwealth  under  this  section  unless  a  claim  therefor 
in  writing,  on  a  form  approved  by  the  civil  defense  claims 
board,  is  filed  with  the  secretary  thereof  within  ninety  days 
after  the  loss  of  or  damage  to  property  or  the  personal 
injury  or  the  death,  as  the  case  may  be,  nor  unless  a  dupli- 
cate copy  of  such  claim  is  filed  within  said  period  with  the 
director  of  the  local  organization  for  civil  defense  or,  in  the 
case  of  persons  appointed  under  section  two  of  this  act, 
with  the  director  of  civil  defense. 

Approved  July  28,  1955. 

An  Act  designating  the  tkaffic  circle  in  Gloucester  Chav.^OS 

ON     route     128    AS    THE     CHESTER    H.     GRANT     MEMORIAL 

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

Section  1.  Notwithstanding  the  provisions  of  any  other 
special  law  or  general  law,  the  traffic  circle  in  the  city  of 
Gloucester,  located  on  Route  128,  shall  be  designated  the 
Chester  H.  Grant  Memorial  Circle.  The  department  of 
public  works  is  hereby  authorized  to  designate  said  traffic 
circle  by  the  placing  of  a  suitable  marker  or  tablet  com- 
memorating the  services  of  the  said  Chester  H.  Grant  of 
Gloucester,  former  city  councillor,  former  executive-secre- 
tary of  the  state  retirement  board,  veteran,  and  local  out- 
standing citizen  of  the  city  of  Gloucester. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
by  a  majority  of  all  members  elected  to  the  city  council  of 
the  city  of  Gloucester,  but  not  otherwise. 

Approved  July  S8,  1955. 


502  Acts,  1955. —  Chap.  609. 

Chap.Q09  An  Act  relating  to  the  detention  of  wayward  and 

DELINQUENT    CHILDREN   AND   JUVENILE    OFFENDERS. 

Be  it  enacted,  etc.,  as  follows: 

G^L.  (Ter  SECTION  1.    Chapter  119  of  the  General  Laws  is  hereby 

etc.,'ameAded.'  amended    by   striking    out   section    67,    as   most    recently 
amended  by  section  2  of  chapter  244  of  the  acts  of  1943, 
Procee^ngs       and  inserting  in  place  thereof  the  following  section :  —  Sec- 
inoarce'ration  of  tioTi  67.     Whenever  a  child  between  seven  and  seventeen 
ohudren,  etc.     years  of  age  is  arrested  with  or  without  a  warrant,  as  pro- 
vided by  law,  the  officer  in  charge  of  the  police  station  or 
town  lockup  to  which  the  child  has  been  taken  shall  im- 
mediately notify  the  probation  offi-cer  of  the  district  court 
within  whose  judicial  district  such  child  was  arrested  and  at 
least  one  of  the  child's  parents,  or,  if  there  is  no  parent,  the 
guardian  or  person  with  whom  it  is  stated  that  such  child 
resides,  and  shall  inquire  into  the  case.    Pending  such  notice 
and  inquiry,  such  child  shall  be  detained.     Upon  the  ac- 
ceptance by  the  officer  in  charge  of  said  police  station  or 
town  lockup  of  the  written  promise  by  said  parent,  guardian 
or  any  other  reputable  person  to  be  responsible  for  the 
presence  of  such  child  in  court  at  the  time  and  place  when 
such  child  is  to  appear  or  upon  the  receipt  by  such  officer 
in  charge  from  said  probation  officer  of  a  written  request  for 
the  release  of  such  child  to  him,  such  child  shall  be  released 
to  said  person  giving  such  promise  or  to  said  probation  officer 
making  such  request;  provided,  that  if  the  arresting  officer 
requests  in  writing  that  a  child  between  fourteen  and  seven- 
teen years  of  age  be  detamed,  or,  if  the  court  issuing  a 
warrant  for  the  arrest  of  a  child  between  fourteen  and 
seventeen  years  of  age  directs  in  the  warrant  that  such  child 
shall  be  held  in  safekeeping  penduig  his  appearance  in  court, 
such  child  shall  be  detained  in  a  police  station  or  town 
lockup,  house  of  detention,  or  place  of  temporary  custody 
commonly  referred  to  as  a  detention  home  of  the  division 
of  youth  service,  or  any  other  home  approved  by  the  youth 
service  board  pending  his  appearance  in  court;    and  that 
in  the  event  any  such  child  is  so  detained,  the  officer  in 
charge  at  the  police  station  or  town  lockup  shall  notify  the 
probation  officer  and  parent  or  parents,  guardian,  or  person 
with  whom  it  is  stated  that  such  child  resides  of  the  deten- 
tion of  such  child;  and  provided,  further,  that  nothing  con- 
tained in  this  section  shall  prevent  the  admitting  of  such 
child  to  bail  in  accordance  with  law.    Said  probation  officer, 
or  officer  in  charge  at  the  police  station  or  town  lockup 
shall  notify  such  child  and  his  parent  or  parents  or  guardian 
or  person  with  whom  it  is  stated  that  such  child  resides  of 
the  time  and  place  of  the  hearing  of  his  case.     No  child 
between  fourteen  and  seventeen  years  of  age  shall  be  de- 
tained in  a  police  station  or  town  lockup  unless  the  deten- 
tion facilities  for  children  at  such  police  station  or  town 
lockup  have  received  the  approval  in  writing  of  the  division 


Acts,  1955. —  Chap.  609.  503 

of  youth  service.  The  division  of  youth  service  shall  make 
inspection  at  least  annually  of  police  stations  or  town  lockups 
wherein  cliildren  are  detained.  Where  no  such  approved 
detention  facilities  exist  in  any  city  or  town,  such  city  or 
town  may  contract  with  an  adjacent  city  or  tow^n  for  the 
use  of  approved  detention  facilities  in  order  to  prevent 
children  who  are  detained  from  coming  in  contact  with 
adult  prisoners.  Nothing  herein  contained  shall  permit  a 
child  between  fourteen  and  seventeen  years  of  age  coming 
in  contact  with  adult  prisoners,  and  a  separate  and  distinct 
place  shall  be  provided  in  police  stations  or  town  lockups 
or  places  of  detention  for  such  children. 

Section  2.    Said  chapter  119  is  hereby  further  amended  ido,  iig^'l  es, 
by  striking  out  section  68,  as  most  recently  amended  by  etc,  'ameAded. ' 
section  8  of  chapter  310  of  the  acts  of  1948,  and  inserting 
in  place  thereof  the  follo^^ing  section:  —  Section  68.    A  child  ^-^^-^.^j^^ 
between  sev^en  and  fourteen  years  of  age  held  by  the  court  held  for 
for  further  examination,  trial  or  continuance,  or  for  indict-  ortriL"!* '"" 
ment  and  trial  under  the  provisions  of  sections  seventy- 
three  to  eighty-three,  or  to  prosecute  an  appeal  to  the  su- 
perior court,  if  unable  to  furnish  bail,  shall  be  committed 
by  the  court  to  the  care  of  the  youth  ser\T.ce  board  or  of  a 
probation  officer  w^ho  shall  provide  for  his  safekeeping  and 
for  his  appearance  at  such  examination  or  trial,  or  at  the 
prosecution  of  his  appeal. 

A  child  between  fourteen  and  seventeen  years  of  age  so 
held  by  the  court  if  unable  to  furnish  bail  shall  be  so  com- 
mitted to  the  youth  service  board  with  its  consent,  or  to  a 
probation  officer,  unless  the  court  on  immediate  inquiry 
shall  be  of  opinion  that  such  child  should  be  committed  to 
jail,  in  which  case  said  child  may  be  committed  to  jail. 

The  youth  service  board  may  provide  special  foster  homes, 
and  places  of  temporary  custody  commonly  referred  to  as 
detention  homes  of  the  division  of  youth  service  for  the 
care,  maintenance  and  safekeeping  of  such  children  between 
seven  and  seventeen  years  of  age  who  may  be  committed  by 
the  court  to  the  youth  service  board  under  this  section; 
provided,  that  no  more  than  five  such  children  shall  be  de- 
tained in  any  such  special  foster  home  at  any  one  time. 

A  child  between  seven  and  seventeen  years  of  age  so  com- 
mitted by  the  court  to  jail  or  to  the  youth  service  board  to 
await  further  examination  or  trial  by  the  Boston  juvenile 
court,  a  district  court  or  the  superior  court  shall  be  returned 
thereto  within  fifteen  days  after  the  date  of  the  order  of 
such  commitment,  and  final  disposition  of  the  case  shall 
thereupon  be  made  by  adjudication  or  otherwise,  unless,  in 
the  opinion  of  the  court,  the  interest  of  the  child  and  the 
public  otherwise  require.  If  the  opinion  of  the  court  is  that 
the  case  should  be  further  continued  and  the  cliild  com- 
mitted to  the  youth  service  board  pending  such  further  con- 
tinuance, then  the  commitment  pending  each  such  further 
continuance  must  be  with  the  consent  of  the  youth  service 
board,  except  where  the  child  was  under  the  age  of  fourteen 


504 


Acts,  1955. —  Chap.  609. 


G.  L.  (Ter. 
Ed.),  119, 
§§  68A,  68B, 
68C,  added. 

Diagnostic 
study  of 
children  in 
custody  of 
board. 


Care  of 
children 
committed 
to  board. 


years  at  the  time  of  the  original  commitment,  and  provided 
that,  unless  hearing,  finding  or  final  adjudication  is  to  take 
place  at  the  expiration  of  such  continuance  as  herein  pro- 
vided, the  child  need  not  be  returned  to  court  by  the  youth 
service  board.  In  such  case  the  court  shall  notify  the  youth 
service  board  or  the  person  having  custody  of  the  child  and 
the  parent  that  the  child  need  not  be  present  in  court  for 
such  further  continuance. 

Any  child  committed  to  jail  under  this  section  shall, 
while  so  confined,  be  kept  in  a  place  separate  and  apart 
from  all  other  persons  committed  thereto  who  are  seventeen 
years  of  age  or  over,  and  shall  not  at  any  time  be  permitted 
to  associate  or  communicate  with  any  other  such  persons 
committed  as  aforesaid,  except  when  attending  religious  ex- 
ercises or  receiving  medical  attention  or  treatment. 

The  provisions  of  section  twenty-four  of  chapter  two  hun- 
dred and  twelve  relative  to  the  precedence  of  cases  of  per- 
sons actually  confined  in  prison  and  awaiting  trial  shall 
apply  to  children  held  in  jail  or  detention  facilities  of  the 
youth  service  board  under  this  section  to  prosecute  appeals 
to  the  superior  court,  or  held  for  indictment  and  trial  under 
the  provisions  of  sections  seventy-three  to  eighty-three  of 
this  chapter. 

Said  probation  oflicer  shall  have  all  the  authority,  rights 
and  powers  in  relation  to  a  child  committed  to  his  care 
under  this  section,  and  in  relation  to  a  child  released  to 
him  as  provided  in  section  sixty-seven,  which  he  would  have 
if  he  were  surety  on  the  recognizance  of  such  child. 

Section  3.  Said  chapter  119  is  hereby  further  amended 
by  inserting  after  said  section  68  the  following  three  sec- 
tions:—  Section  68 A.  A  child  between  seven  and  seven- 
teen years  of  age,  held  by  the  court  for  further  examination, 
trial  or  continuance,  or  for  indictment  and  trial  under  the 
provisions  of  sections  seventy-three  to  eighty-three  of  tliis 
chapter,  or  to  prosecute  an  appeal  to  the  superior  court, 
may  at  the  discretion  of  the  court  be  referred  to  the  youth 
service  board,  with  its  consent,  and  with  the  consent  of  the 
parents  or  guardian,  for  diagnostic  study  on  an  outpatient 
basis;  and  upon  completion  of  such  study,  the  board  shall 
forward  a  report  and  recommendations  to  the  court.  In 
default  of  bail,  any  such  child  may  be  committed  by  the 
court  to  the  youth  service  board  with  its  consent  for  a 
period  not  to  exceed  thirty-five  days  while  undergoing  diag- 
nostic study;  at  the  expiration  of  such  period,  such  child 
shall  be  returned  to  the  court,  together  with  the  report  and 
recommendations  of  the  youth  service  board. 

Section  68B.  The  youth  service  board  may  use  or  pro- 
vide special  foster  homes,  and  places  of  temporary  custody 
commonly  referred  to  as  detention  homes  at  various  places 
in  the  commonwealth  which  shall  be  completely  separate 
from  any  police  station,  town  lockup  or  jail,  and  which  shall 
be  used  solely  for  the  temporary  care,  custody  and  study  of 
children  committed  to  the  care  of  the  board.    The  director 


Acts,  1955. —  Chaps.  610,  611.  505 

of  the  division  of  youth  service  may  at  his  discretion  trans- 
fer any  child  thus  committed  from  any  such  foster  home  or 
detention  home  to  another  such  foster  home  or  detention 
home. 

Section  68C.  The  youth  service  board  shall  maintain  and  ^j^fceT*'° 
provide  diagnostic  services  for  the  purpose  of  providing  the  provided, 
diagnostic  studies  and  making  the  reports  and  recommenda- 
tions provided  for  under  section  sixty-eight  A,  and  the  board 
may  provide  offices  and  facilities  for  such  diagnostic  serv- 
ices, at  such  places  in  the  commonwealth  as  will  best  serve 
the  needs  of  the  several  courts.      Approved  July  28,  1955. 

An  Act  relative  to  the  illegal  possession  of  harmful  Chav.^l^ 

DRUGS  AND  THE  REPORTING  OF  HARMFUL  DRUG  INTOXICA- 
TION TO  THE  DEPARTMENT  OF  PUBLIC  HEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  94  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
inserting  after  section  187A  the  following  two  sections: — f §^'i87b', Tsvc. 
Section  1S7B.    Whoever,  not  being  a  manufacturer,  licensed  ^'^'^^'^■ 
wholesaler,  jobber  or  dealer  in  drugs,  registered  pharmacist,  pogfl'Jaion  of 
registered   phj'sician,   registered   dentist,   registered   veteri-  harmful  drugs, 
narian,  nurse  acting  under  direction  of  a  physician,  or  em-  p'^°^"'^  • 
ployee  of  an  incorporated  hospital  acting  under  the  direction 
of  its  superintendent  or  official  in  immediate  charge,  super- 
intendent or  official  in  immediate  charge  of  a  college  or 
scientific  institution,  agent  of  the  commissioner  of  public 
health,  agent  of  the  board  of  pharmacy,  pofice  officer,  or  a 
common  carrier  or  messenger  when  transporting  any  com- 
pound or  derivative  of  barbituric  acid,  amphetamines,  ergot 
or  any  hypnotic  or  somnifacient  drug  between  persons  men- 
tioned in  this  section  in  the  same  package  in  which  the  drug 
was  delivered  to  him  for  transportation,  is  found  m  posses- 
sion thereof  except  by  reason  of  a  physician's  prescription 
lawfully  and  properly  issued,  shall  be  punished  by  a  fine  of 
not  more  than  five  hundred  dollars  or  by  imprisonment  in 
a  jail  or  house  of  correction  for  not  more  than  one  year. 

Section  187C.     Every  physician  attending  or  treating  a  Physicians  to 
case  of  acute  poisoning  caused  by  narcotics,  barbiturates  or  p'^o'isoning^^  ° 
amphetamines  shall  report  the  circumstances  of  such  poi-  by  drugs, 
soning  to  the  commissioner  of  public  health  or  his  repre- 
sentative.    The   commissioner   or  his   representative   may 
then  require  or  conduct  further  investigation  into  said  cir- 
cumstances. Approved  July  28,  1955. 

An  Act  making  certain  changes  in  the  tax  laws  made  Chap.QW 

NECESSARY  BY  THE  REORGANIZATION  OF  THE  DEPARTMENT 
OF  CORPORATIONS  AND  TAXATION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  3  of  chapter  63  of  the  General  Laws  gj^-^J^F-g 
is  hereby  amended  by  inserting  after  the  word  "commis-  etc!, 'amended. 


506  Acts,  1955. —  Chap.  612. 

sioner",  in  lines  4  and  5,  as  appearing  in  section  2  of  chapter 
161  of  the  acts  of  19-15,  the  words:  —  ,  wdth  the  approval  of 
the  state  tax  commission. 
Ed^'6?T62        Section  2.     Section   52   of  said   chapter   63   is  hereby 
amended.      '    amended  by  striking  out,  in  line  61,  as  appearing  in  the  Ter- 
centenary Edition,  the  word  "commissioner"  and  inserting 
in  place  thereof  the  words :  —  state  tax  commission. 
FdV'6?T52\       Section  3.     Paragraph  (b)  of  subdivision  (1)  of  section 
etc], 'amended. '  52A  of  Said  chapter  63  is  hereby  amended  by  striking  out 
the  last  sentence,  as  appearing  in  section  1  of  chapter  641 
of  the  acts  of  1951. 
G.  L.  (Ter.  SECTION  4.     Subdivisiou  (9)  of  said  section  52A  of  said 

etc'..'f^her    '  chapter  63,  as  so  appearing,  is  hereby  amended  by  striking 
amended.         q^^^^  Jj^  jjj^g  5^  ^^le  word  "  commissioncr "  and  inserting  in 

place  thereof  the  words :  —  state  tax  commission. 
Ed^'eJl'ss        Sections.    Clause  Third  of  section  53  of  said  chapter  63, 
amended.      '    as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended 
by  inserting  after  the  word  "commissioner",  in  line  1,  the 
words :  —  with  the  approval  of  the  state  tax  commission. 
G^L.^CTer  Section  6.    Sectiou  3  of  chapter  181  of  the  General  Laws 

etc'., 'amended!    is  hereby  amended  by  striking  out  the  last  sentence,  as 
amended  by  chapter  54  of  the  acts  of  1949,  and  inserting 
Seri-ice  of         in  placc  thcrcof  the  following  sentence :  —  Service  of  such 
process.  proccss  shall  be  made  by  leaving  a  copy  of  the  process  in 

duplicate  with  a  fee  of  two  dollars  in  the  hands  of  the  com- 
missioner, or  an  associate  commissioner,  or  in  the  office  of 
the  commissioner,  and  such  service  shall  be  sufficient  service 
upon  the  corporation. 
G- L.  (Ter  SECTION  7.    The  last  paragraph  of  section  37  of  chapter 

etc'.. 'amended. '  223  of  the  General  Laws  is  hereby  amended  by  striking  out 
the  fourth  sentence,  as  amended  by  chapter  308  of  the  acts 
of  1948,  and  inserting  in  place  thereof  the  following  sentence: 
Fee.  —  The  party  making  such  application  shall  deliver  a  copy 

of  such  order  in  duplicate  with  a  fee  of  two  dollars  to  the  com- 
missioner of  corporations  and  taxation,  or  an  associate  com- 
missioner, or  in  the  office  of  said  commissioner. 

Section  8.  Section  13  of  chapter  343  of  the  acts  of  1925, 
as  amended  by  chapter  222  of  the  acts  of  1926,  is  hereby 
further  amended  by  striking  out,  in  line  40,  the  word  "com- 
missioner" and  inserting  in  place  thereof  the  words:  —  state 
tax  commission.  Approved  July  SS,  1955. 


Chap. 612  An  Act  relating  to  marking  of  range  boilers  and  to 
temperature,  pressure  and  vacuum  control  of 
range  boilers. 

Be  it  enacted,  etc.,  as  folloivs: 

g.  l.  (Ter.  SECTION  1.     Chapter  142  of  the  General  Laws  is  hereby 

etc'., 'amended. '  amended  by  striking  out  section  17,  as  most  recentlj''  amended 
Marking  of       by  chaptcr  477  of  the  acts  of  1945,  and  inserting  in  place 
^^^eeboUers,     thereof    the    following    section:  —  Section  17.      No    range 
boiler,  tank,  vessel  or  container,  ferrous  or  non-ferrous,  in 


Acts,  1955. —  Chap.  612.  507 

which  water  is  to  be  heated  or  stored  under  pressure  for 
domestic,  culinary  or  sanitary  purposes,  in  this  section  and 
in  sections  eighteen  and  nineteen  referred  to  as  hot  water 
tanks,  shall  be  sold  or  offered  for  sale  unless  it  is  plainly 
marked  by  the  manufacturer,  by  stamping  into  the  metal  of 
the  tank,  or  on  a  metal  plate  permanently  attached  to  the 
tank,  in  a  conspicuous  place,  as  follows:  — 

A.  Manufacturer's  name  or  registered  trade  mark. 

B.  Rated  capacity  of  hot  water  tank  in  United  States 
gallons. 

C.  Hydrostatic  pressure  in  pounds  per  square  inch  at 
which  the  tank  has  been  tested  by  the  manufacturer,  follow- 
ing the  words  ''Tested  to". 

D.  Maximum  allowable  working  pressure  in  pounds  per 
square  inch. 

Notwithstanding  the  requirements  of  the  preliminary  par- 
agraph and  paragraphs  A  to  D,  inclusive,  of  this  section, 
the  markings  therein  referred  to  shall  not  be  required,  in  the 
case  of  cast  iron  hot  water  fronts,  so  called,  or  hot  water 
tanks  that  are  insulated  or  enclosed  in  a  jacket  or  casing,  to 
be  stamped  into  the  metal  thereof  or  to  be  stamped  on  a 
metal  plate  permanently  attached  thereto;  provided,  that 
any  manufacturer  selling  such  hot  water  fronts  within  the 
commonwealth  shall  in  writing  certify  to  the  department  of 
public  safety  and  the  board  of  state  examiners  of  plumbers 
that  every  such  water  front  sold  by  him  complies  with  the 
pertinent  provisions  of  law;  and  provided,  further,  that  any 
manufacturer  of  hot  water  tanks  that  are  insulated  or  en- 
closed in  a  jacket  or  casing  which  are  to  be  sold  within  the 
commonwealth  shall  certify  in  writing  to  the  department  of 
public  safety  and  the  board  of  state  examiners  of  plumbers 
that  every  such  tankless  water  heater  coil  or  element,  or 
hot  water  tank  manufactured  by  him  complies  with  the 
pertinent  provisions  of  law,  and  shall  permanently  attach 
to  the  largest  segment  of  said  jacket  or  casing,  in  a  con- 
spicuous place,  a  metal  plate  which  has  stamped  into  the 
metal  thereof  the  requirements  of  paragraphs  A  to  D,  in- 
clusive. 

Section  2.     Said  chapter  142  is  hereby  further  am.ended  g^,^y  (Jl'"-.  ^g 
by  striking  out  section  19,  as  amended  by  section  3  of  chap-  etc^.'ameAded. ' 
ter  518  of  the  acts  of  1941,  and  inserting  in  place  thereof  the 
following  section:  —  Section  19.     No  hot  water  tank  shall  ^fh^o^'^^tej 
be  installed  and  connected  unless  it  is  protected  with  safety  tanks, 

devices  as  follows:—  _  _  regulated. 

A.  A  hot  water  tank  in  which  water  is  to  be  heated  or 
stored  under  pressure  greater  than  fifteen  pounds  per  square 
inch  shall  be  equipped  with  a  suitable  pressure  relief  valve 
installed  in  a  tapping  in  the  tank  or  in  the  cold  water  supply 
line,  or  the  hot  water  outlet  line,  with  no  shut-off  valve  be- 
tween the  relief  valve  and  the  tank.  The  pressure  relief 
valve  shall  be  set  bj^  the  manufacturer  to  operate  at  a  pres- 
sure not  more  than  twenty  pounds  above  the  maximum 
working  pressure  stamped  on  the  tank  or  jacket  or  casing. 


508  Acts,  1955.  —  Chap.  612. 

and  shall  be  so  constructed  that  said  setting  cannot  be  ex- 
ceeded by  normal  means  of  adjustment. 

B.  A  hot  water  tank  to  which  a  heating  device  or  appli- 
ance capable  of  delivering  water  to  the  tank  at  a  temperature 
greater  than  two  hundred  and  twelve  degrees  Fahrenheit  is 
connected  shall  be  equipped  with  a  suitable  temperature 
relief  valve  so  adjusted  and  installed  as  to  prevent  develop- 
ment of,  or  accumulation  of,  water  which  is  at  a  tempera- 
ture in  excess  of  two  hundred  and  twelve  degrees  Fahrenheit. 
Said  temperature  relief  valve  shall  be  installed  in  a  tapping 
directly  in  or  on  the  tank,  within  twelve  inches  of  the  top  of 
a  vertical  tank,  or  within  six  inches  of  the  top  of  a  horizontal 
tank,  with  no  fittings  between  the  valve  and  the  tank,  ex- 
cept that  a  bushing  may  be  used  to  reduce  the  tapping  to  fit 
the  valve,  or  the  valve  shall  be  installed  in  the  hot  water 
outlet  pipe  as  close  to  the  top  of  the  tank  as  possible.  In  no 
case  shall  the  heat  sensitive  member  of  the  temperature  re- 
lief valve  be  more  than  five  inches  away  from  the  top  of  the 
tank.  The  discharge  outlet  of  the  temperature  rehef  valve 
shall  be  connected  by  means  of  a  non-ferrous  pipe  or  tubing 
not  less  than  three  eighths  inch  inside  diameter,  with  no 
shut-off,  to  an  open  plumbing  fixture,  or  to  within  twelve 
inches  of  the  basement  floor.  A  thermostatically  controlled 
hot  water  tank  may  be  protected  by  an  automatic  fuel 
shut-off  device  in  addition  to  the  thermostat.  Such  shut-off 
device  shall  be  installed  in  the  same  location  and  perform 
the  same  function  as  said  temperature  relief  valve. 

C.  All  parts  of  temperature  and  pressure  relief  valves 
which  are  in  contact  with  water  shall  be  made  of  non-ferrous 
metals  or  materials  ha\dng  suitable  corrosion  resisting  prop- 
erties. All  pipe  and  fittings  between  relief  valves  and  the 
hot  water  tank  shall  be  of  non-ferrous  metals. 

D.  Rehef  valves  shall  be  marked  by  the  manufacturer, 
by  stamping  or  casting  in  the  metal  of  the  valve,  or  on  a 
metal  tag  permanently  attached  to  the  valve,  as  follows:  — 

1.  Manufacturer's  name  or  registered  trade  mark. 

2.  The  type  or  style,  or  the  type  and  style,  of  the  valve. 

3.  The  pressure  setting  of  the  valve  in  pounds  per  square 
inch. 

4.  The  temperature  setting  in  degrees  Fahrenheit. 

5.  Temperature  relieving  capacity  in  B.  T.  U.  per  hour. 
Notwithstanding  the  requirements  of  paragraph  B  of  this 

section,  the  protective  de\T.ces  specified  therein  shall  not  be 
required  in  the  case  of  that  portion  of  tankless  water  heaters 
which  contain  water  to  be  heated  or  stored  under  the  pro- 
visions of  section  seventeen.  Said  portion  of  tankless  water 
heaters  shall  be  equipped  with  a  pressure  relief  valve  and 
an  automatic  tempering  device,  set  to  deliver  water  not  ex- 
ceeding one  hundred  and  eighty  degrees  Fahrenheit  and  lo- 
cated between  said  tankless  water  heater  and  any  hot  water 
supply  pipe  which  it  serves. 

All  pipes  and  fittings  between  the  tankless  water  heater 
and  the  pressure  rehef  valve  and  the  tempering  device  shall 


Acts,  1955.  — Chap.  613.  509 

be  of  non-ferrous  metals.  All  parts  of  the  tempering  device 
which  are  in  contact  with  the  water  shall  be  of  non-ferrous 
metals  or  other  materials  having  suitable  corrosion-resisting 
properties.  Said  tempering  device  shall  be  marked  by  the 
manufacturer  by  casting  or  stamping  in  the  metal  of  the 
device,  or  on  a  metal  tag  permanently  attached  to  the  device, 
as  follows :  — 

1.  Manufacturer's  name  or  registered  trade  name. 

2.  The  type  or  style,  or  the  type  and  style,  of  the  device. 

3.  The  temperature  settings,  in  degrees  Fahrenheit, 
plainly  marked. 

E.  Temperature  and  pressure  relief  valves  and  other  de- 
vices referred  to  in  this  section  shall  be  subject  to  the  ap- 
proval of  the  inspectors  of  plumbing  or  other  proper  authori- 
ties. 

F.  All  pipes  and  fittings  in  the  circulating  system  between 
a  hot  water  tank  and  the  heating  device  or  appliance  shall  be 
non-ferrous,  and  of  ample  size  so  as  to  make  it  possible  to 
heat  seventy-five  per  cent  of  the  available  water  in  the  tank 
without  raising  the  temperature  of  any  part  of  the  water 
above  two  hundred  and  twelve  degrees  Fahrenheit. 

G.  No  hot  water  tank  shall  be  installed  without  being 
equipped  with  an  approved  device  located  so  as  to  prevent 
any  partial  vacuum  therein.        Approved  July  28,  1965. 


An  Act  to  further  define  the  time  for  making  assess-  C/ia». 613 

MENTS  AND  ABATEMENTS  OF  CORPORATION  TAXES  AFTER  A 
FINAL  DETERMINATION   OF   FEDERAL   NET   INCOME. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  63  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  36,  as  most  recently  amended  by  section  ftl!'amendfd! 
2  of  chapter  270  of  the  acts  of  1954,  and  inserting  in  place 
thereof  the  following  section:  —  Section  36.     Any  final  de-  Payment  of 
termination  of  the  federal  net  income  made  pursuant  to  the  cOTporX^ 
provisions  of  federal  law  under  which  such  net  income  is  excise  tax, 
found  to  differ  from  the  net  income  originally  reported  to  ^^^ 
the  federal  government  shall  be  reported,  accompanied  by 
payment  by  the  corporation  of  any  additional  tax  due  with 
interest  computed  in  accordance  with  section  forty-eight,  to 
the  commissioner  within  one  year  of  receipt  by  it  of  notice 
of  such  final  determination,  with  a  statement  of  the  reasons 
for  the  difference  in  such  detail  as  the  commissioner  may 
require.     If  from  such  report  or  upon  investigation  it  shall 
appear  that  the  tax  with  respect  to  income  imposed  by  this 
chapter  has  not  been  fully  assessed,  the  commissioner,  within 
one  year  of  the  receipt  of  such  report,  shall  assess  the  de- 
ficiency, with  interest,  as  prescribed  in  section  forty-eight 
from  April  tenth  of  the  year  in  which  the  original  return  of 
income  of  the  corporation  was  due  to  be  filed,  and  the  tax 
so  assessed  shall  be  payable  thirty  days  from  the  date  of 
notice  to  the  corporation  of  such  assessment. 


510  Acts,  1955.  —  Chap.  614. 

Where  a  taxpayer  fails  to  report  a  final  determination  by 
the  federal  government  of  a  difference  in  net  income  as  re- 
quired by  the  preceding  paragraph,  the  commissioner  shall 
assess  the  deficiency,  if  any,  with  interest  as  provided  in 
the  preceding  paragraph  at  any  time  within  three  years  after 
receipt  of  information  from  the  federal  government  that  it 
has  made  a  final  determination  of  net  income  different  from 
that  originally  reported. 

If,  upon  investigation  of  the  facts  so  reported,  it  appears 
that  a  less  tax  with  respect  to  income  was  due  the  common- 
wealth than  was  paid,  the  commission  shall  abate  the  excess 
upon  the  written  application  therefor  by  the  corporation, 
filed  with  the  commission  within  sixty  days  of  the  filing  of 
said  report  with  it,  provided  said  report  is  filed  on  time. 
The  commission  shall  certify  the  amount  of  such  abatement 
to  the  state  treasurer,  who  shall  repay  the  amount  so  certi- 
fied with  interest  at  the  rate  of  six  per  cent  per  annum  from 
the  date  of  overpayment,  without  further  appropriation 
therefor. 

Any  corporation  failing  to  comply  with  the  provisions  con- 
tained in  the  first  paragraph  hereof  shall  be  assessed  a 
penalty  in  the  sum  of  one  hundred  dollars,  or  ten  per  cent 
of  the  additional  tax  found  due,  whichever  sum  is  smaller, 
said  penalty  to  become  part  of  the  additional  tax  found  due. 
For  reasonable  cause  shown,  the  commission  may,  in  its  dis- 
cretion, abate  in  whole  or  in  part  the  penalty  provided  herein. 

Approved  July  28,  1955. 

Chap. 614:  An  Act  relative  to  bids  and  contracts  for  state  print- 
ing AND  BINDING  AND  FOR  FURNISHING  CERTAIN  OFFICE 
supplies  under  THE  SUPERVISION  OF  THE  STATE  PUR- 
CHASING AGENT. 

Be  it  enacted,  etc.,  as  follows: 
G.  L.  (Ter.  SectJou  1   of  chapter  5  of  the  General  Laws  is  hereby 

etc.; amended,    amended  by  striking  out  the  last  five  paragraphs  and  insert- 
ing in  place  thereof  the  following  six  paragraphs :  — 
Bids  and  The  commission  on  administration  and  finance,   oi'  any 

sbue  printhTg,  other  awarding  official,  in  the  advertising  for  bids  or  the 
binding,  etc.  placing  of  ordcrs  for  the  execution  of  printing,  composition, 
proof  reading,  presswork,  all  processes  used  in  the  making 
of  printing  plates,  paper  ruling  and  binding,  or  for  the  supply- 
ing of  office  stationery  and  blank  books  without  printed 
headings,  for  the  several  departments  of  the  government  of 
the  commonwealth  other  than  the  legislative  department, 
shall  take  into  consideration  the  facilities  of  the  several  bid- 
ders including  sub-contractors  or  other  employers  of  the 
several  establishments,  or  of  the  several  establishments  under 
consideration  in  the  matter  of  placing  such  orders,  as  the 
case  may  be,  as  well  as  the  terms  offered.  Contracts  or 
orders  shall  be  given  to  such  establishments  only  as  pay  the 
prevailing  rate  of  wages,  based  on  wage  rates  and  working 
hours  that  have  been  established  by  collective  bargaining 


Acts,  1955. —  Chap.  614.  511 

agreement  or  understanding  between  organized  labor  and 
employers;  provided,  that  nothing  herein  contained  shall 
prevent  said  commission,  or  any  other  awarding  official,  from 
placing  contracts  or  orders  with  existing  state  institutions  or 
departments  which  furnish  printing  or  other  work  of  the  kind 
and  character  above  mentioned.  Said  commission,  or  other 
awarding  official,  may  reject  any  and  all  bids  received. 

The  prevaiHng  rate  of  wages  shall  be  determined  by  the 
commissioner  of  labor  and  industries  as  herein  provided. 
Said  prevailing  rates  shall  be  based  on  wage  rates  and  work- 
ing hours  that  have  been  established  by  collective  bargain- 
ing agreement  or  understanding  between  organized  labor  and 
employers  in  the  printing  and  binding  industry.  The  com- 
missioner of  labor  and  industries  shall  upon  appHcation  from 
the  commission  on  administration  and  finance  prepare  and 
furnish  for  the  use  of  said  commission  or  other  awarding 
officials,  a  list  of  the  several  classifications  of  labor  usually 
performed  by  the  employees  in  the  printing  and  binding 
trades  together  with  the  prevailing  rate  of  wages  and  work- 
ing hours. 

Every  contractor,  sub-contractor  or  other  employer  en- 
gaged in  any  work  to  which  this  section  applies  shall  keep  a 
tme  and  accurate  record  of  all  employees,  showing  the  name, 
address  and  occupational  classification  of  each  employee,  and 
the  hours  worked  by,  and  the  wages  paid  to,  each  such  em- 
ployee, and  shall  furnish  to  said  commissioner  upon  his  re- 
quest a  true  statement  of  the  contents  of  such  record.  Such 
records  shall  be  kept  in  such  manner  as  said  commissioner 
shall  prescribe,  and  shall  be  open  to  inspection  by  any  au- 
thorized representative  of  said  commission  or  of  the  depart- 
ment of  labor  and  industries  at  any  reasonable  time  and  as 
often  as  may  be  necessary. 

Whoever,  as  a  contractor,  sub-contractor  or  other  em- 
ployer engaged  in  any  work  to  which  this  section  applies  or 
whoever,  for  himself  or  as  an  agent,  superintendent  or  fore- 
man for  another,  fails  to  pay  the  determined  prevailing  rate 
of  wages  or  otherwise  \'iolates  any  provision  of  this  section 
shall  be  punished  for  a  first  offence  by  a  fine  of  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars,  and  for  a 
subsequent  offence  by  a  fine  of  not  less  than  fifty  nor  more 
than  two  hundred  dollars,  or  by  imprisonment  for  not  more 
than  three  months,  or  both.  Whoever  shall  have  been  con- 
victed of  a  second  violation  of  any  provision  in  this  section 
shall  be  prohibited  from  contracting,  directly  or  indirectly, 
with  the  commonwealth  for,  or  from  performing,  any  work 
covered  by  this  section  as  contractor  or  sub-contractor  for  a 
period  of  two  years  from  the  date  of  said  conviction. 

Bonds,  satisfactory  to  said  commission,  or  other  awarding 
official,  may  be  required  to  be  given  by  the  party  to  whom 
any  contract  is  awarded,  to  secure  its  faithful  performance. 

The  department  of  labor  and  industries  shall  enforce  this 
section,  and  shall  have  all  the  necessary  powers  therefor. 

Approved  July  28,  1966. 


5i2  Acts,  1955. —  Chap.  615. 

Chap. 615  An  Act  to  establish  the  beach  point  fire  hydrant 

DISTRICT. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  The  inhabitants  of  that  portion  of  the  town 
of  Truro  known  as  Beach  Point,  and  residing  in  the  area 
presently  served  with  water  for  domestic  ser\'ice  from  a  water 
main  running  in  a  northwesterly  direction  from  the  pumping 
station  located  near  the  junction  of  Route  6 A  and  the  New 
Haven  Railroad,  said  Beach  Point  district  being  the  same 
area  described  in  the  records  of  the  town  of  Truro  and  as 
shown  on  a  map  now  on  file  in  the  office  of  the  selectmen 
thereof  and  recorded  in  the  office  of  the  Registry  of  Deeds 
for  Barnstable  County,  Book  No.  121,  Page  No.  115,  are 
hereby  made  a  body  politic  by  the  name  of  Beach  Point 
Fire  Hydrant  District;  and  said  corpoFation,  except  as 
herein  otherwise  provided,  shall  have  all  the  powers  and  be 
subject  to  all  of  the  duties  and  liabilities  set  forth  in  all 
General  Laws  now  or  hereafter  in  force  relating  to  fire 
districts. 

Section  2.  Said  district  may  make  contracts  for  the 
purchase  of  hydrants  and  water  service  for  such  extinguish- 
ment and  for  any  other  thing  incidental  thereto  that  law- 
fully may  be  done  by  said  district. 

Section  3.  Said  district  may,  at  meetings  called  for  the 
purpose,  raise  money  by  taxation  for  any  of  the  purposes 
necessary  or  proper  under  the  provisions  of  this  act. 

Section  4.  For  the  purpose  of  this  act  the  town  of 
Provincetown  is  authorized  through  its  water  commission 
to  enter  into  contracts  with  the  Beach  Point  Fire  Hydrant 
District  for  the  furnishing  of  water  for  the  extinguishment 
of  fires  and  for  all  other  purposes  necessary  or  incidental 
thereto. 

Section  5.  The  first  meeting  of  said  district  shall  be 
called  on  petition  of  five  or  more  legal  voters  therein  by 
warrant  from  the  selectmen  of  the  town  of  Truro  or  from  a 
justice  of  the  peace  directed  to  one  of  the  petitioners  requir- 
ing him  to  give  notice  of  the  meeting  by  posting  copies  of 
said  warrant  in  two  or  more  public  places  in  said  district 
seven  days  at  least  before  the  time  of  the  meeting.  One  of 
the  petitioners  shall  preside  at  the  meeting  until  a  clerk  is 
chosen  and  sworn,  and  the  clerk  shall  preside  until  a  moder- 
ator is  chosen.  The  meeting  may  then  proceed  to  act  on  the 
other  articles  contained  in  the  warrant. 

Section  6.  This  act  shall  take  effect  upon  its  acceptance 
within  three  years  after  the  passage  of  this  act  by  a  majority 
of  the  legal  voters  of  said  district  present  and  voting  at  a 
meeting  called  for  that  purpose  in  accordance  with  the  pro- 
visions of  section  five.  If  voted  upon  and  not  accepted,  it 
may  be  resubmitted  at  subsequent  district  meetings  legally 
called  for  the  purpose;  provided,  that  it  shall  not  be  voted 
upon  by  the  district  more  than  three  times  in  any  one  year. 

Approved  July  28,  1955. 


Acts,  1955.  —  Chap.  616.  513 


An  Act  creating  the  historic  beacon  hill  district  in  Chap.QlG 

THE  city  of  boston  AND  ESTABLISHING  IN  THE  BUILDING 
DEPARTMENT  OF  SAID  CITY  THE  BEACON  HILL  ARCHITEC- 
TURAL COMMISSION  AND  DEFINING  ITS  POWERS  AND  DUTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Creation  of  the  District.  —  There  is  hereby 
created  in  the  city  of  Boston  a  district  to  be  known  as  the 
Historic  Beacon  Hill  District,  bounded  as  follows:  —  south- 
erly by  the  northerly  side  line  of  Beacon  street;  westerly 
by  a  line  parallel  with  and  one  hundred  and  fifty  feet  distant 
westerly  from,  the  westerly  side  line  of  Beaver  street; 
northerly  by  Beaver  place;  easterly  by  Brimmer  street; 
northerly  again  by  Byron  street;  westerly  again  by  a  line 
parallel  with,  and  eighty  feet  distant  westerly  from,  the 
westerly  side  Hne  of  Charles  street;  northerly  again  by 
the  southerly  side  line  of  Revere  street ;  easterly  again  by  the 
westerly  side  line  of  Myrtle  street;  northerly  again  by  the 
southerly  side  line  of  Myrtle  street;  and  easterly  again  by 
the  westerly  side  line  of  Hancock  street  and  said  side  line 
extended  southerly  to  Beacon  street;  excluding,  however, 
from  said  area  land  of  the  commonwealth  and  the  estates 
numbered  twenty-six  to  eighty-eight,  inclusive,  and  ninety- 
eight  to  one  hundred  and  thirty-six,  inclusive,  on  Myrtle 
street. 

Section  2.  Purpose.  —  The  purpose  of  this  act  is  to 
promote  the  educational,  cultural,  economic  and  general  wel- 
fare of  the  public  through  the  preservation  of  the  historic 
Beacon  Hill  district,  and  to  maintain  said  district  as  a 
landmark  in  the  history  of  architecture  and  as  a  tangible 
reminder  of  old  Boston  as  it  existed  in  the  early  days  of  the 
commonwealth. 

Section  3.  Definitions.  —  As  used  in  this  act,  the  follow- 
ing words  shall  have  the  following  meanings:  — 

"Building  commissioner",  the  building  commissioner  of 
the  city  of  Boston. 

"City",  city  of  Boston. 

"Commission",  the  commission  provided  for  by  section 
four. 

"Exterior  architectural  feature",  the  architectural  style 
and  general  arrangement  of  such  portion  of  the  exterior  of 
a  structure  as  is  designed  to  be  open  to  view  from  a  public 
way,  including  kind,  color  and  texture  of  the  building  ma- 
terial of  such  portion  and  type  of  all  windows,  doors,  lights, 
signs,  and  other  fixtures  appurtenant  to  such  portion. 

"Structure",  a  structure  as  defined  in  the  Boston  building 
code. 

Section  4.      Beacon    Hill    Architectural    Conwiission.  — 

There  shall  be  in  the  building  department  of  the  city  a 
board,  known  as  the  Beacon  Hill  Architectural  Commission, 
consisting  of  five  commissioners  appointed  by  the  mayor  of 
the  city  as  follows:  —  one  from  two  candidates  nominated 


514  Acts,  1955.  —  Chap.  616. 

by  the  Beacon  Hill  Civic  Association,  Inc.,  one  from  two 
candidates  nominated  by  the  Boston  Real  Estate  Board,  one 
from  two  candidates  nominated  by  The  Boston  Society  of 
Architects,  one  from  two  candidates  nominated  by  the  So- 
ciety for  the  Preservation  of  New  England  Antiquities,  and 
one  member  selected  at  large  by  the  mayor.  The  commis- 
sioners initially  appointed  hereunder  shall  serve,  in  the  case 
of  the  commissioner  appointed  upon  nomination  of  the 
Beacon  Hill  Civic  Association,  Inc.,  for  a  term  expiring  one 
year,  in  the  case  of  the  commissioner  appointed  upon  nomina- 
tion of  the  Boston  Real  Estate  Board,  for  a  term  expiring 
two  years,  in  the  case  of  the  commissioner  appointed  upon 
nomination  of  The  Boston  Society  of  Architects,  for  a  term 
expiring  three  years,  in  the  case  of  the  commissioner  ap- 
pointed upon  nomination  of  the  Society  for  the  Preserva- 
tion of  New  England  Antiquities,  for  a  term  expiring  four 
years,  and,  in  the  case  of  the  commissioner  selected  at  large 
by  the  mayor,  for  a  term  expiring  five  years,  from  the  first 
day  of  May  in  the  year  nineteen  hundred  and  fifty-five. 
As  the  term  of  any  such  commissioner,  or  of  any  subsequent 
commissioner,  expires,  his  successor  shall  be  appointed  in  like 
manner  as  such  commissioner  for  a  term  of  five  years. 
Vacancies  in  the  commission  shall  be  filled  in  the  same  man- 
ner for  the  unexpired  term.  Every  commissioner  shall  con- 
tinue in  office  after  the  expiration  of  his  term  until  his 
successor  is  duly  appointed  and  qualified.  Any  commis- 
sioner may  be  removed  by  the  mayor  as  provided  in  section 
fourteen  of  chapter  four  hundred  and  eighty-six  of  the  acts 
of  nineteen  hundred  and  nine. 

The  commission  shall  annually  on  the  first  day  of  May, 
or  as  soon  thereafter  as  conveniently  may  be,  elect  one  of 
its  members  as  chairman  and  another  as  vice  chairman. 
The  commission  shall  also  elect  a  secretary  outside  of  its 
membership  w^ho  shall  be  exempt  from  the  civil  service  laws 
and  rules  and  shall  receive  from  the  city  such  compensation 
as  the  commission,  with  the  approval  of  the  mayor,  shall 
from  tim.e  to  time  fix.  Whenever  the  secretary  shall  not  be 
in  attendance  at  a  meeting  of  the  commission,  the  commis- 
sion shall  elect  a  secretary  pro  tem  for  such  meeting,  who 
shall  receive  such  compensation  as  the  commission  with  the 
approval  of  the  mayor  shall  fix.  The  members  of  the  com- 
mission shall  serve  without  compensation,  but  shall  be  re- 
imbursed for  expenses  necessarily  incurred  in  the  performance 
of  their  duties.  The  records  of  the  commission  shall  set  forth 
every  determination  made  by  the  commission  and  the  vote 
of  every  member  participating  therein  and  the  absence  or 
failure  to  vote  of  every  other  member. 

The  commission  shall  not  be  subject  to  the  supervision 
or  control  of  the  building  commissioner;  but  unless  other- 
wise ordered  by  the  mayor,  the  commission  shall  not  com- 
municate with  the  mayor  except  through  the  building  com- 
missioner and  shall  not  make  any  annual  or  other  report 
except  through  the  building  commissioner. 


Acts,  1955.  — Chap.  616.  515 

Section  5.  Limitation  on  Issuance  of  Building  Permit.  — 
No  permit  shall  be  issued  by  the  building  commissioner  for 
the  construction  of  any  structure  in  the  historic  Beacon 
Hill  district  or  the  reconstruction,  alteration  or  demoUtion  of 
any  structure  now  or  hereafter  in  said  district,  except  in 
cases  excluded  by  section  nine  of  this  act,  unless  the  ap- 
plication for  such  permit  shall  bear  a  certificate  under  sec- 
tion six  of  this  act  that  no  exterior  architectural  feature  is 
involved  or  shall  be  accompanied  by  a  certificate  of  ap- 
propriateness issued  under  section  seven  of  this  act  or,  in 
the  case  of  the  demolition  of  a  structure,  a  certificate  under 
section  eight  of  this  act  that  twenty  days  or  such  lesser 
period  as  the  commission  may  have  determined  has  expired 
after  receipt  by  the  commission  of  notice  of  demolition. 

Section  6.  Certificate  of  Non-applicability  of  Statute.  — 
Except  in  cases  excluded  by  section  nine  of  this  act,  every 
person  about  to  apply  to  the  building  commissioner  for  a 
permit  to  construct  any  structure  in  the  historic  Beacon 
Hill  district  or  to  reconstruct,  alter  or  demolish  any  structure 
now  or  hereafter  in  said  district  shall  deposit  with  the  secre- 
tary of  the  commission  his  apphcation  for  such  permit  to- 
gether with  all  plans  and  specifications  for  the  work  involved. 
Within  five  days  thereafter,  Saturdays,  Sundays  and  legal 
hoUdays  excluded,  the  commission  shall  consider  such  ap- 
plication, plans  and  specifications  and  determine  whether 
any  exterior  architectural  feature  is  involved.  If  the  com- 
mission determines  that  no  exterior  arcliitectural  feature  is 
involved,  it  shall  cause  its  secretary  to  endorse  on  the  ap- 
plication forthwith  a  certificate  of  such  determination  and 
return  the  apphcation,  plans  and  specifications  to  the  ap- 
plicant. 

Section  7.  Certificate  of  Appropriateness.  —  No  person 
shall  construct  any  exterior  architectural  feature  in  the  his- 
toric Beacon  Hill  district,  or  reconstruct  or  alter  any  such 
feature  now  or  hereafter  in  said  district,  until  such  person 
shall  have  filed  with  the  secretary  of  the  commission  an 
application  for  a  certificate  of  appropriateness  in  such  form 
and  with  such  plans,  specifications  and  other  material  as  the 
commission  may  from  time  to  time  prescribe  and  a  certificate 
of  appropriateness  shall  have  been  issued  as  hereinafter  pro- 
vided in  this  section. 

Witliin  five  days  after  the  filing  of  an  application  for  a 
certificate  of  appropriateness,  Saturdays,  Sundays  and  legal 
hohdays  excluded,  the  commission  shall  determine  the  es- 
tates deemed  by  it  to  be  materially  affected  by  such  apphca- 
tion and,  unless  a  public  hearing  on  such  application  is 
waived  in  writing  by  all  persons  entitled  to  notice  thereof, 
shall  forthwith  cause  its  secretary  to  give  by  mail,  postage 
prepaid,  to  the  apphcant,  to  the  owners  of  all  such  estates 
as  they  appear  on  the  then  most  recent  real  estate  tax  list, 
and  to  any  person  fifing  written  request  for  notice  of  hearings, 
such  request  to  be  renewed  yearly  in  December,  reasonable 
notice  of  a  pubHc  hearing  before  the  commission  on  such 
apphcation. 


516  Acts,  1955.  —  Chap.  616. 

As  soon  as  conveniently  may  be  after  such  public  hearing 
or  the  waiver  thereof,  but  in  al  1  events  within  twenty  days, 
Saturdays,  Sundays  and  legal  holidays  excluded,  after  the 
filing  of  the  application  for  the  certificate  of  appropriateness, 
or  within  such  further  time  as  the  applicant  may  in  writing 
allow,  the  commission  shall  determine  whether  the  proposed 
construction,  reconstruction  or  alteration  of  the  exterior  ar- 
chitectural feature  involved  will  be  appropriate  to  the  preser- 
vation of  the  historic  Beacon  Hill  district  for  the  purposes  of 
this  act,  and  whether,  notwithstanding  that  it  may  be  inap- 
propriate, owing  to  conditions  especially  affecting  the  struc- 
ture involved,  but  not  affecting  the  historic  Beacon  Hill 
district  generally,  failure  to  issue  a  certificate  of  appropriate- 
ness will  involve  a  substantial  hardship  to  the  applicant  and 
such  a  certificate  may  be  issued  without  substantial  detri- 
ment to  the  public  welfare  and  without  substantial  deroga- 
tion from  the  intent  and  purposes  of  this  act.  In  passing 
upon  appropriateness,  the  commission  shall  consider,  in  ad- 
dition to  any  other  pertinent  factors,  the  historical  and 
architectural  value  and  significance,  architectural  style,  gen- 
eral design,  arrangement,  texture,  material  and  color  of  the 
exterior  architectural  feature  involved  and  the  relationship 
thereof  to  the  exterior  architectural  features  of  other  struc- 
tures in  the  immediate  neighborhood. 

If  the  commission  determines  that  the  proposed  construc- 
tion, reconstruction  or  alteration  of  the  exterior  architectural 
feature  involved  will  be  appropriate  or,  although  inappro- 
priate, owing  to  conditions  as  aforesaid,  failure  to  issue  a 
certificate  of  appropriateness  will  involve  substantial  hard- 
ship to  the  applicant  and  issuance  thereof  may  be  made 
without  substantial  detriment  or  derogation  as  aforesaid,  or 
if  the  commission  fails  to  make  a  determination  within  the 
time  hereinbefore  prescribed,  the  secretary  of  the  commis- 
sion shall  forthwith  issue  to  the  applicant  a  certificate  of 
appropriateness.  If  the  commission  determines  that  a  cer- 
tificate of  appropriateness  should  not  issue,  the  commission 
shall  forthwith  spread  upon  its  records  the  reasons  for  such 
determination  and  may  include  recommendations  respecting 
the  proposed  construction,  reconstruction  or  alteration. 
Thereupon  the  secretary  of  the  commission  shall  forthwith 
notify  the  applicant  of  such  determination,  transmitting  to 
him  an  attested  copy  of  the  reasons  and  recommendations, 
if  any,  spread  upon  the  records  of  the  conmiission. 

Section  8.  Notice  of  Demolition.  —  No  person  shall  de- 
molish any  exterior  architectural  feature  now  or  hereafter 
in  the  historic  Beacon  Hill  district  until  he  shall  have  filed 
with  the  secretary  of  the  commission  on  such  form  as  may 
be  from  time  to  time  prescribed  by  the  commission  a  written 
notice  of  his  intent  to  demolish  such  feature  and  a  period  of 
twenty  days,  Saturdays,  Sundays  and  legal  holidays  ex- 
cluded, or  such  lesser  period  as  the  commission,  because  the 
feature  is  not  historically  or  architecturally  significant  or 
otherwise  worthy  of  preservation,  may  in  a  particular  case 


Acts,  1955.  — Chap.  616.  517 

determine,  shall  have  expired  following  the  filing  of  such 
notice  of  demolition.  Upon  the  expiration  of  such  period 
the  secretary  of  the  commission  shall  forthwith  issue  to  the 
person  fihng  the  notice  of  demohtion  a  certificate  of  the 
expiration  of  such  period. 

Section  9.  Exclusions.  —  Nothing  in  this  act  shall  be 
construed  to  prevent  the  ordinary  maintenance  or  repair  of 
any  exterior  architectural  feature  now  or  hereafter  in  the 
historic  Beacon  Hill  district;  nor  shall  anything  in  this  act 
be  construed  to  prevent  the  construction,  reconstruction,  al- 
teration or  demolition  of  any  such  feature  which  the  building 
commissioner  shall  certify  is  required  by  the  public  safety 
because  of  an  unsafe  or  dangerous  condition ;  nor  shall  any- 
thing in  this  act  be  construed  to  prevent  the  construction, 
reconstruction,  alteration  or  demolition  of  any  such  feature 
under  a  permit  issued  by  the  building  commissioner  prior  to 
the  effective  date  of  this  act. 

Section  10.  Appeals.  —  Any  applicant  aggrieved  by  a 
determination  of  the  commission  may,  within  thirty  days 
after  the  making  of  such  determination,  appeal  to  the  su- 
perior court  sitting  in  equity  for  the  county  of  Suffolk.  The 
court  shall  hear  all  pertinent  evidence  and  shall  annul  the 
determination  of  the  commission  if  it  finds  the  reasons  given 
by  the  commission  to  be  unwarranted  by  the  evidence  or 
to  be  insufficient  in  law  to  warrant  the  determination  of  the 
commission  or  make  such  other  decree  as  justice  and  equity 
may  require.  The  remedies  provided  by  this  section  shall 
be  exclusive;  but  the  parties  shall  have  all  rights  of  appeal 
and  exception  as  in  other  equity  cases. 

Section  11.  Enforcement. — Whoever  constructs,  recon- 
structs, alters  or  demolishes  any  exterior  architectural  feature 
now  or  hereafter  in  the  historic  Beacon  Hill  district  in  viola- 
tion of  this  act  shall  be  punished  by  a  fine  of  not  less  than 
fifty  dollars  nor  more  than  one  thousand  dollars. 

The  superior  court  sitting  as  aforesaid  may,  upon  apphca- 
tion  of  the  commission,  restrain  the  construction,  recon- 
struction, alteration  or  demolition  of  any  exterior  architec- 
tural feature  now  or  hereafter  in  the  historic  Beacon  Hill 
district  in  violation  of  this  act  and  order  the  removal  of  any 
such  exterior  architectural  feature  constructed  or  recon- 
structed in  violation  thereof  and  the  substantial  restoration 
of  any  such  exterior  architectural  feature  altered  in  violation 
thereof. 

Section  12.  Severability  of  Provisions.  —  The  provisions 
of  this  act  shall  be  deemed  to  be  severable;  and  if  any  of  its 
provisions  shall  be  held  unconstitutional  by  any  court  of 
competent  jurisdiction,  the  decision  of  such  court  shall  not 
affect  or  impair  any  of  the  remaining  provisions. 

Approved  July  28,  1966. 


518 


Acts,  1955.  — Chap.  617. 


G.  L.  (Ter. 
Ed.),  143, 
§  3J,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  143, 
§  3J,  etc., 
further 
amended. 


Board  of 
standards 
may  prescribe 
regulations 
and  amend 
ordinances 
under  cer- 
tain condi- 
tions. 


Chap. 617  An  Act  relative  to  alternative  materials  used  in 

THE  construction,  RECONSTRUCTION,  ALTERATION,  RE- 
PAIR, DEMOLITION,  REMOVAL,  USE  OR  OCCUPANCY  OF 
BUILDINGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  first  paragraph  of  section  3 J  of  chapter 
143  of  the  General  Laws  is  hereby  amended  by  striking  out 
the  last  sentence,  as  amended  by  section  1  of  chapter  534  of 
the  acts  of  1950,  and  inserting  in  place  thereof  the  following 
sentence:  —  The  board  shall  deposit  a  certified  copy  of  such 
regulations  with  the  state  secretary  and  upon  such  deposit 
such  regulations  shall  have  the  force  of  law. 

Section  2.  Said  section  3J  of  said  chapter  143  is  hereby 
further  amended  by  striking  out  the  third  sentence  of  the 
second  paragraph,  inserted  by  section  1  of  chapter  534  of 
the  acts  of  1950,  and  inserting  in  place  thereof  the  following 
two  sentences:  —  In  cases  where  the  plans  and  specifications 
accompanying  an  application  fail  to  comply  with  provisions 
of  ordinances,  by-laws  or  regulations,  or  any  special  law  ap- 
phcable  to  a  particular  city  or  town,  relative  to  such  con- 
struction, reconstruction,  alteration,  repair,  demolition,  re- 
moval, use  or  occupancy,  an  inspector  of  buildings  may  issue 
a  permit  or  certificate  for  such  construction,  reconstruction, 
alteration,  repair,  demohtion,  removal,  use  or  occupancy  if 
said  plans  and  specifications  comply  ^vith  the  alternatives 
set  forth  in  the  regulations  referred  to  in  this  section  and  he 
is  of  the  opinion  that  said  alternatives  provide  adequate 
performance  for  the  purposes  for  which  their  use  is  intended, 
as  required  in  this  section,  and  that  they  are  reasonable, 
sound  and  accurate  and  would  not  tend  to  be  injurious  or 
detrimental  to  the  character  of  the  neighborhood  or  to  other 
property  therein;  provided,  however,  that  no  permit  or  cer- 
tificate shall  be  refused  or  denied  on  the  grounds  that  such 
plans  and  specifications  fail  to  comply  with  the  provisions 
of  any  ordinance,  by-law,  rule  or  regulation,  or  any  special 
law  applicable  to  any  particular  city  or  town,  relative  to 
"materials  to  be  used  in  such  construction,  reconstruction, 
alteration,  repair,  demohtion,  removal,  use  or  occupancy, 
if  said  plans  and  specifications  comply  with  the  alternatives 
relative  to  such  materials  set  forth  in  the  regulations  referred 
to  in  this  section.  If  the  inspector  feels  that  the  issuance  of 
a  permit  or  certificate  because  of  the  comphance  in  plans 
and  specifications  with  said  alternative  materials  does  not 
promote  the  pubfic  interest  and  safety,  he  may  appeal  in  the 
manner  provided  by  section  fifty-five  and  said  appeal  shall 
be  subject  to  the  provisions  of  said  section. 

Approved  July  28,  1965. 


Acts,  1955. —Chaps.  618,  619.  519 


An  Act  relating  to  the  method  of  accounting  re-  Qhav  618 

QUIRED    UNDER   THE  INCOME   TAX   LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  7  of  chapter  62  of  the  General  Laws  o.  l.  (Ter. 
is  hereby  amended  by  striking  out  the  first  paragraph,  as  ^tti'a^endld 
amended  by  section  41  of  chapter  654  of  the  acts  of  1953. 

Section  2.     Said  chapter  62  is  hereby  further  amended  EdVeJ^'^' 
by  adding  at  the  end  the  following  section:  —  Section  62.  §  6'2,' addel!^ 
Income  taxable  under  this  chapter  shall  be  determined  in 
accordance  with  the  method  of  accounting  regularly  em- 
ployed in  keeping  the  books  of  the  taxpayer  unless  it  is 
established  that  such  method  does  not  clearly  reflect  income. 
If  a  taxpayer  does  not  keep  books  of  account,  his  income  shall  Method  of 
be  determined  on  the  cash  receipts  and  disbursements  method  und°e')'°in°^ 
of  accounting.     Any  taxpayer  who  changes  the  method  of  *'°™®  **^  ^^' 
accounting  regularly  employed  by  him  in  keeping  his  books 
shall  not  be  permitted  to  report  his  income  on  a  method 
different  from  that  used  for  the  preceding  year  without  ob- 
taining the  consent  of  the  commissioner.     The  period  for 
which  income  is  to  be  computed  shall  be  on  the  basis  of  a 
calendar  year  unless  a  taxpayer  actually  keeps  his  books  of 
account  on  the  basis  of  a  fiscal  year  and  has  obtained  per- 
mission from  the  commissioner  to  report  his  income  on  such 
a  basis.  Approved  July  28,  1955, 

An  Act  authorizing  payment  op  certain  expenses  of  Chav  619 

PUBLIC  WORKS  BUILDING  POLICE  OFFICERS  INJURED  IN 
THE  PERFORMANCE  OF  DUTY  AND  INDEMNIFYING  THEM 
FOR   CERTAIN    OTHER   EXPENSES   AND    DAMAGES. 

Be  it  enacted,  etc.,  as  folloios: 

Chapter  16  of  the  General  Laws  is  hereby  amended  by  in-  g.  l.  (Ter. 
serting  after  section  4A,  inserted  by  chapter  555  of  the  acts  n^w  §§^4b, 
of  1955,  the  following  two  sections:  —  Section  J^B.    The  com-  ^^'  added.' 
missioner  may  authorize  the  payment,  out  of  the  Highway  ^ertSn^^oif 
Fund,    of   the   reasonable   hospital,    medical   and   surgical  officers  in- 
expenses  of  any  member  of  the  public  works  building  pohce  ^^^^  °°  *^^*^' 
who  is  temporarily  or  permanently  disabled,  either  mentally 
or  physically,  by  reason  of  injuries  sustained  through  no 
fault  of  his  own  in  the  actual  performance  of  his  duty. 

Section  Ifi.  The  commissioner  shall,  subject  to  appro-  indemnifica- 
priation,  indemnify  a  pubhc  works  building  police  officer,  to  ^ed.*"*^*"" 
an  amount  not  more  than  the  amount  recommended  by 
said  commissioner,  for  expenses  or  damages  sustained  by 
him  while  acting  as  a  poHce  officer,  or  incurred  by  him  in 
the  defense  or  settlement  of  an  action  brought  against  him 
for  acts  done  by  him  while  so  acting;  provided,  that  the  de- 
fense or  settlement  of  such  claim  shall  have  been  made  by 
the  attorney  general ;  and  such  damages  shall  include  loss  of 
pay  by  reason  of  absence  from  duty  on  the  part  of  such 
officer  because  of  temporary  incapacity  caused  by  injury 


520  Acts,  1955. —  Chaps.  620,  621. 

suffered  through  no  fault  of  his  own  while  in  the  actual  per- 
formance of  duty;  and,  if  such  officer  be  dead,  such  expenses 
or  damages  shall  be  payable  to  his  widow,  or,  if  he  leaves  no 
widow,  then  to  his  next  of  kin,  who,  at  the  time  of  his  death, 
were  dependent  upon  his  salary  for  support.  This  section 
shall  be  construed  to  require  the  commissioner  to  pay  com- 
pensation, in  the  manner  herein  provided,  for  damages  for 
personal  injuries,  whether  or  not  death  results;  provided, 
the  amount  of  such  compensation  shall  have  been  approved 
by  the  attorney  general.  Approved  July  28,  1956. 

Chap. 620  An   Act   authorizing   certain   additional   emergency 

EXPENDITURES   IN   THE   FISCAL   YEAR   NINETEEN   HUNDRED 
AND    FIFTY-SIX. 

Be  it  enacted,  etc.,  as  folloios: 

Section  1.  Section  2  of  chapter  497  of  the  acts  of  the 
current  year  is  hereby  amended  by  striking  out  the  word 
and  figures  "July  31",  and  inserting  in  place  thereof  the 
word  and  figures:  —  August  15,  —  so  as  to  read  as  follows:  — 
Section  2,  This  act  shall  cease  to  be  operative  upon  the 
enactment  into  law  of  the  general  appropriation  bill  for  the 
fiscal  year  1956  or  on  August  15,  1955,  whichever  is  the 
earlier,  and  all  action  taken  under  this  act  shall  apply  against 
said  appropriation  act. 

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

Approved  July  28,  1955. 

Chap. 621  An  Act  authorizing  and  directing  the  board  of  trus- 
tees OF  THE  LOWELL  TECHNOLOGICAL  INSTITUTE  OF  MAS- 
SACHUSETTS TO  CONVEY  CERTAIN  LAND  OF  THE  COMMON- 
WEALTH  IN   THE   TOWN   OF  WEBSTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  board  of  trustees  of  the  Lowell  Tech- 
nological Institute  of  Massachusetts,  in  order  to  discharge 
a  moral  obligation  of  the  commonwealth,  is  hereby  author- 
ized and  directed,  notwithstanding  the  provisions  of  any 
other  general  or  special  law  to  the  contrary,  in  the  name  and 
behalf  of  the  commonwealth,  to  convey  to  Josephine  L. 
Campbell  of  Webster,  in  Worcester  county,  and  to  grant  to 
said  Josephine  L.  Campbell  all  the  right,  title  and  interest 
of  the  commonwealth  in  so  much  of  the  land  acquired  by  the 
Lowell  Technological  Institute  of  Massachusetts  for  the 
commonwealth  as  a  residuary  legatee  under  the  will  of 
Myron  S.  Freeman,  Worcester  County  Probate  #177902, 
located  in  Webster,  bounded  and  described  as  follows:  — 
beginning  at  a  point  at  the  intersection  of  the  southerly  Une 
of  Boyden  street  with  the  easterly  Une  of  School  street; 
thence  S.  5°  W.  by  the  easterly  Une  of  School  street  4  rods 
to  a  point  at  land  now  or  formerly  of  one  Burnett;  thence 
easterly  by  land  of  said  Burnett  9  rods  more  or  less  to  a 
point  at  land  of  said  Burnett ;  thence  northerly  by  land  of  said 


Acts,  1955. —  Chap.  622.  521 

Burnett  5  rods  6}/2  links  more  or  less  to  a  point  in  the  south- 
erly line  of  Boy  den  street;  thence  westerly  by  the  southerly 
line  of  Boyden  street  9  rods  to  the  point  of  beginning. 
Being  the  same  premises  conveyed  to  Adelaide  E.  Freeman 
by  deed  of  Telesphore  Leboeuf  dated  April  14,  1915  and 
recorded  with  Worcester  District  Registry  of  Deeds,  book 
2089,  page  374.  Excepting  from  the  above-described  grant 
the  premises  conveyed  by  Robert  S.  Bowditch  and  Irene 
Gowetz,  executors  of  the  will  of  Myron  S.  Freeman,  to 
Frederick  F.  Babbitt  by  deed  dated  June  17,  1954,  recorded 
with  Worcester  District  Registry  of  Deeds,  book  3595,  page 
399. 

The  deed  conveying  said  land  shall  be  approved  as  to 
form  by  the  attorney  general. 

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

Approved  August  1,  1955. 

An  Act  providing  for  the  examination  and  registra-  Chav. Q22 

TION    OF   GRADUATES    OF   FOREIGN   MEDICAL   SCHOOLS   WHO 
ARE   APPLICANTS    FOR   REGISTRATION   AS   PHYSICIANS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose  which  is  to  provide  forthwith  for  the  p""^**™^*®- 
screening  of  graduates  of  certain  foreign  medical  schools  for 
the  purpose  of  determining  their  qualifications  for  admitting 
them  to  examination  for  licenses  to  practice  in  the  common- 
wealth, therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
health  and  welfare. 

Be  it  enacted,  etc.,  as  follows: 

Section  2  of  chapter  112  of  the  General  Laws  is  hereby  o.  l.  (Ter. 
amended  by  inserting  after  the  second  sentence,  as  amended  ftti'ameAJed. 
by  section  1  of  chapter  396  of  the  acts  of  1945,  the  following 
sentence:  —  In  the  case  of  an  applicant  who  has  received  Registration 
from  a  medical  school  legally  chartered  in  a  sovereign  state  of  gra^uafe's^ 
other  than  the  United  States  or  Canada  the  degree  of  doctor  ^V^^'P 
of  medicine  or  bachelor  of  medicine  or  its  equivalent,  his  schools, 
qualifications  shall  be  reviewed  by  a  committee  consisting 
of  two  members  of  the  committee  on  medical  education  of 
the  Massachusetts  Medical  Society  appointed  by  the  presi- 
dent of  the  Massachusetts  Medical  Society,  one  member  of 
the  committee  on  education  of  the  Massachusetts  Osteo- 
pathic Society  appointed  by  the  president  of  the  Massa- 
chusetts Osteopathic  Society,  and  the  deans  of  the  medical 
schools  in  Massachusetts;   and  this  committee  shall  certify 
to  the  board  when,  in  their  opinion,  the  qualifications  of  such 
applicant  are  equivalent  to  those  required  of  applicants  who 
have  graduated  from  approved  medical  schools  in  the  United 
States  or  Canada ;  and  in  the  case  of  an  applicant  so  certified 
the  board  may,  upon  payment  of  twenty-five  dollars  by  said 
applicant,  then  admit  him  to  the  examination  for  hcensure. 

Approved  August  1,  1955. 


522  Acts,  1955.  —  Chaps.  623,  624. 

C hap. 62S  An  Act  exempting  educational  institutions  from  the 

PROVISIONS     OF     the     LAW     REGULATING     TRAILER     COACH 
PARKS. 

Be  it  enacted,  etc.,  as  follows: 

EdViIo"^*  '^^®  ^^^*  paragraph  of  section  32F  of  chapter  140  of  the 

§3'2F  etc.,       General  Laws,  added  by  chapter  74  of  the  acts  of  1951,  is 


ameni 


ked. 


hereby  amended  by  inserting  after  the  word^"days",  in 
hne  6,  the  words :  —  ,  or  land  owned  by  a  tax  exempt  educa- 
tional institution  used  to  accommodate  students  attending 
Certain  land      such  institution,  —  SO  as  to  read  as^f  ollows :  —  A  lot  or  tract 
deemed^l         of  land  provided  by  a  state  or  county  fair,  agricultural  and 
^Mk^"^  ""^•'•^      horticultural  society,  grange  or  4-H  club  for  the  use  of  trailer 
coaches  to  accommcwlate  personnel  who  are  to  participate  in 
any  fair  or  exhibition  conducted  by  such  organization,  which 
fair  or  exhibition  does  not  continue  for  a  period  exceeding 
ten  consecutive  days,  or  land  owned  by  a  tax  exempt  educa- 
tional institution  used  to  accommodate  students  attending 
such  institution,  shall  not  be  deemed  a  trailer  coach  park. 

Approved  August  1,  1955. 

Chap. 624:  An  Act  relative  to  investments  in  certain  securities 

BY   THE   SAVINGS   BANK   INVESTMENT   FUND. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  283  of  the  acts  of  1945  is  hereby  amended  by 
striking  out  section  4  and  inserting  in  place  thereof  the  fol- 
lowing section :  —  Section  4-  The  board  of  directors  shall 
have  authority  from  time  to  time  to  invest  the  funds  of  the 
corporation,  and  the  corporation  shall  have  powers  in  that 
respect,  subject  to  the  limitations  hereafter  stated,  as  fol- 
lows: — 

(a)  To  make  and  acquire  such  loans  secured  by  mortgages 
on  real  property  situated  within  the  limits  of  the  common- 
wealth as  the  federal  housing  administrator  insures,  or  issues 
a  commitment  to  insure,  and  to  obtain  such  insurance;  to 
collect  and  apply  payments  due  upon  and  otherwise  to  serv- 
ice any  such  mortgage  loan  originated  or  acquired  by  it  and 
with  respect  to  any  such  mortgage  loan  to  make  agreements 
with  any  mortgagees  approved  by  the  federal  housing  ad- 
ministrator to  collect  and  apply  payments  due  upon  and 
otherwise  to  service  or  contract  for  the  servicing  of  any  such 
mortgage  loan;  and  to  exercise  any  powers  and  to  do  any 
and  all  things,  including  the  acquisition,  by  foreclosure  or 
otherwise,  and  holding,  of  real  estate  and  its  sale  or  other 
disposal,  incidental  or  necessary  to  give  effect  to  this  author- 
ity. 

(6)  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. 

(c)  In  bonds  and  other  evidences  of  indebtedness  of  cor- 
porations, associations  and  trusts,  including  guarantors  and 


Acts,  1955.  —  Chap.  624.  523 

assuming  obligors,  located  or  having  a  principal  place  of 
business  within  the  limits  of  any  of  the  forty-eight  states  of 
the  United  States  or  the  District  of  Columbia;  provided, 
that  such  bonds  or  other  evidences  of  indebtedness  are  not 
in  default  at  the  time  of  such  investment;  and  provided, 
further,  that  the  securities  in  question  or  other  comparable 
obligations  of  the  same  obligor  are  quoted  in  recognized 
securities  markets. 

(d)  In  common  stock  or  preferred  stock  of  any  corporation 
located  or  having  a  principal  place  of  business  within  the 
hmits  of  any  of  the  forty-eight  states  of  the  United  States 
or  the  District  of  Columbia,  except  insurance  companies, 
trust  companies,  national  banking  associations  and  other 
banking  corporations;  provided,  that  any  such  common 
stock  is  registered  on  a  national  securities  exchange,  as  pro- 
vided in  an  act  of  Congress  of  the  United  States  entitled  the 
"Securities  Exchange  Act  of  1934",  approved  June  sixth, 
nineteen  hundred  and  thirty-four,  as  amended;  and  pro- 
vided, further,  that  any  such  preferred  stock,  or  the  com- 
mon stock  of  the  corporation  issuing  or  having  issued  such 
preferred  stock,  is  so  registered.  No  shares  of  preferred 
stock  or  common  stock  shall  be  purchased  hereunder  unless 
it  shall  appear  to  the  Savings  Bank  Investment  Fund  that 
the  corporation  issuing  or  having  issued  the  shares  to  be  pur- 
chased shall  have  earned  and  paid  one  or  more  dividends  on 
its  common  stock  in  each  of  the  fifteen  years  immediately 
preceding  the  date  of  purchase,  and  that  the  earnings  of  such 
corporation  estimated  in  writing  by  said  Fund  to  be  avail- 
able in  the  year  of  purchase  for  dividends  on  such  shares 
will  be  more  than  the  earnings  available  in  the  calendar  year 
or  fiscal  year  immediately  preceding  the  date  of  purchase  for 
dividends  on  such  shares  or  on  shares  of  comparable  stock  of 
such  corporation.  The  total  investments  of  the  corporation 
outstanding  at  any  one  time  in  common  stocks  shall  not 
exceed  two  thirds  of  its  assets.  No  savings  bank  shall  pur- 
chase shares  of  beneficial  interest  in  the  corporation  in  any 
one  fiscal  year  commencing  November  first,  nineteen  hun- 
dred and  fifty-five,  in  amounts  aggregating  in  excess  of  two 
per  cent  of  the  deposits  of  such  savings  bank  as  shown  by 
its  books  at  the  end  of  the  preceding  fiscal  year.  The  aggre- 
gate investment  of  any  savings  bank  in  such  shares  of  bene- 
ficial interest  and  in  bank  stocks  and  fire  insurance  stocks 
authorized  by  sections  forty-seven  and  forty-eight,  respec- 
tively, of  chapter  one  hundred  and  sixty-eight  of  the  General 
Laws,  shall  not,  at  any  one  time,  exceed  the  combined  total 
of  its  guaranty  fund  and  surplus  referred  to  in  section  fifty- 
seven  of  said  chapter,  appearing  immediately  following  the 
payment  or  provision  for  payment  of  its  next  preceding 
dividend. 

The  corporation  shall  not  purchase  the  stock  or  obliga- 
tions of  any  one  obligor,  except  direct  obligations  of  the 
United  States  and  those  insured  by  the  federal  housing  ad- 
ministrator, if  such  purchase  at  the  time  thereof  would  cause 


524  Acts,  1955.  —  Chap.  625. 

more  than  three  per  cent  of  the  corporation's  assets  to  be  in- 
vested in  such  stock  or  obligations.  The  corporation  shall 
not  purchase  bonds  having  a  yield  greater  than  two  and  one 
half  per  cent  in  excess  of  the  return  on  fully  taxable  United 
States  government  securities  of  approximately  similar 
maturity  if  such  purchase  at  the  time  thereof  would  cause 
more  than  ten  per  cent  of  the  corporation's  assets  to  be  in- 
vested in  such  bonds.  The  corporation  shall  have  no  power 
to  borrow  money.  Approved  August  1,  1955. 

Chap.Q25  An  Act  authorizing  the  acquisition  by  the  state  super- 
intendent OF  BUILDINGS  OF  CERTAIN  PREMISES  TO  BE 
USED   BY   AGENCIES   OF  THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  state  superintendent  of  buildings,  on 
behalf  of  the  commonwealth,  is  hereby  authorized  and 
directed  to  take  by  eminent  domain,  under  the  provisions 
of  chapter  seventy-nine  of  the  General  Laws,  certain  prem- 
ises situated  at  618  Acushnet  avenue  in  the  city  of  New 
Bedford,  together  with  the  building  thereon. 

Section  2.  To  meet  the  expenditures  necessary  in 
carrying  out  this  act,  the  state  treasurer  shall,  upon  request 
of  the  governor  and  council,  issue  and  sell  at  public  or  pri- 
vate sale  bonds  of  the  commonwealth,  registered  or  with 
interest  coupons  attached,  as  he  may  deem  best,  to  an 
amount  not  exceeding,  in  the  aggregate,  one  hundred  and 
twenty  thousand  dollars.  All  bonds  issued  as  aforesaid 
shall  bear  on  their  face  the  words,  State  Office  Building 
Loan,  Act  of  1955,  and  shall  be  on  the  serial  payment  plan 
for  such  maximum  term  of  years,  not  exceeding  fifteen 
years  from  the  date  of  issue,  as  the  governor  and  council 
may  recommend  to  the  general  court,  pursuant  to  section  3 
of  Article  62  of  the  Amendments  to  the  Constitution  of  the 
Commonwealth,  the  maturities  thereof  to  be  so  arranged 
that  the  amounts  payable  in  the  several  years  shall  be  as 
nearly  equal  as  in  the  opinion  of  the  state  treasurer  it  is 
practicable  to  make  them.  Said  bonds  shall  bear  interest 
semi-annually  at  such  rate  as  the  state  treasurer,  with  the 
approval  of  the  governor,  shall  fix,  but  bonds  shall  be  pay- 
able not  earlier  than  July  first,  nineteen  hundred  and  fifty- 
seven,  and  not  later  than  June  thirtieth,  nineteen  hundred 
and  seventy-three. 

Section  3.  The  expenditures  incurred  in  carrying  out 
this  act,  in  amortizing  the  debt  and  the  payment  of  interest, 
shall  be  reimbursed  to  the  commonwealth  from  the  rentals 
of  the  building  situated  on  the  premises  described  in  section 
one.  Said  rentals  shall  be  based  on  a  lease  between  the 
state  superintendent  of  buildings  and  the  executive  or  ad- 
ministrative head  of  a  state  department,  commission  or 
board,  hereinafter  referred  to  as  a  state  agency,  approved 
by  the  governor  and  council  and  the  commission  on  admin- 
istration and  finance.    If  a  single  state  agency  occupies  said 


Acts,  1955.  —  Chap.  626.  525 

building,  the  annual  expenditure  to  be  reimbursed  to  the 
commonwealth  will  be  assumed  in  its  entirety  by  said 
agency;  if  more  than  one  state  agency  occupies  said  build- 
ing, the  said  annual  expenditure  to  be  reimbursed  to  the 
commonwealth  will  be  apportioned  among  the  various  state 
agencies  in  the  same  proportion  as  the  net  area  occupied  by 
each  such  state  agency  bears  to  the  total  usable  area  of  said 
building.  Upon  completion  of  the  total  reimbursement  to 
the  commonwealth,  consisting  of  the  annual  amounts  neces- 
sary for  amortization  and  payments  of  interest  required  by 
said  bond  issue,  no  further  payments  for  such  expenditures 
shall  be  required. 

All  other  costs  in  connection  with  the  maintenance  and 
operation  of  said  premises  and  with  capital  improvements 
thereto  shall  be  assumed  in  their  entirety  or  prorated  as 
hereinbefore  set  forth,  dependent  on  whether  one  or  more 
than  one  state  agency  occupies  said  premises.  Such  costs 
shall  be  continually  assumed  by  a  state  agency  during  its 
tenancy  of  said  premises. 

Payment  of  said  expenditures  and  of  said  other  costs 
shall  be  made  by  the  state  agency  from  funds  appropriated 
or  allotted  or  otherwise  made  available  thereto  for  purposes 
of  administration.  Approved  August  S,  1965. 

An  Act  providing  for  reimbursement  by  the  common-  C/iai).626 

WEALTH  OF  CERTAIN  COSTS  OF  CONDUCTING  SPECIAL 
CLASSES  APPROVED  BY  THE  DIVISION  OF  SPECIAL  EDUCA- 
TION   BY    CERTAIN   REGIONAL   SCHOOL   DISTRICTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  69  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  sections  29A  and  29B,  inserted  by  §(f■29A^29B. 
section  3  of  chapter  514  of  the  acts  of  1954,  and  inserting  etc.,  amended, 
in  place  thereof  the  following  two  sections:  —  Section  29 A. 
The  division  of  special  education  shall  direct  and  supervise  Duty  of 
all  special  education  supported  in  whole  or  in  part  by  the  <^^>"°''- 
commonwealth  or  any  of  its  subdivisions,  and  shall  be  re- 
sponsible for  the  compliance  by  cities,  towns  or  regional 
school  districts  with  the  program  of  special  classes  established 
under  the  provisions  of  sections  forty-six  and  forty-six  A  of 
chapter  seventy-one  for  the  instruction  of  educable  and 
trainable  mentally  retarded  children  and  physically  handi- 
capped children. 

Section  29B.    One  half  of  the  cost  of  the  expenses  of  the  mentby"^ 
instruction,   training  and  support  of  the  children  in  the  ^°e™ith  of 
special  classes  provided  under  section  forty-six  or  forty-  certain  costs, 
six  A,  actually  rendered  or  furnished,  including  their  neces-  ^"'  ""^"^  * 
sary  traveling  expenses,  whether  daily  or  otherwise,   but 
not  exceeding  ordinary  and  reasonable  compensation  there- 
for, shall  be  reimbursed  to  the  towns  or  any  twelve  grade 
regional  school  district  by  the  commonwealth  upon  approval 
of  the  department  and  certification  by  it  that  such  classes 
meet  the  standards  and  requirements  prescribed  by  it. 


526 


Acts,  1955. —  Chap.  626. 


G.  L.  (Ter. 
Ed.),  71, 
new  §§  46E, 
46F,  added. 

State  treasurer 
to  pay  cities 
or  towns  from 
taxes,  etc. 


Certain  school 
districts  in- 
cluded. 


G.  L.  (Ter. 
Ed.),  70, 
§§  3 A,  30, 
repealed. 

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

Classifications 
of  retarded 
children, 
established. 


Section  2,  Chapter  71  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  46D,  inserted  by  sec- 
tion 6  of  said  chapter  514  of  the  acts  of  1954,  the  following 
two  sections :  —  Section  J^6E.  The  state  treasurer  shall  an- 
nually on  or  before  November  twentieth  pay  to  any  city  or 
town  certified  by  the  commissioner  to  have  paid  teachers  of 
classes  conducted  to  meet  the  requirements  of  section  forty- 
six  compensation  in  excess  of  the  regular  compensation  paid 
to  its  teachers  out  of  the  proceeds  of  the  taxation  in  in- 
comes under  chapter  sixty-two,  or,  if  such  proceeds  are 
insufficient,  from  other  revenues  as  may  be  appropriated 
therefor,  a  sum  not  to  exceed  five  hundred  dollars  for  each 
such  teacher  so  paid. 

Section  J^6F.  The  state  treasurer  shall  annually  on  or  be- 
fore November  twentieth  pay  from  the  proceeds  of  taxation 
on  incomes  under  chapter  sixty-two  to  any  city  or  town  or 
to  any  twelve  grade  regional  school  district  such  sums  as 
may  be  certified  by  the  commissioner  on  account  of  classes 
conducted  as  provided  in  section  forty-six  or  forty-six  A. 

Section  2A.  Sections  three  A  and  three  C  of  chapter 
seventy  of  the  General  Laws  are  hereby  repealed. 

Section  3.  Chapter  71  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  46,  as  most  recently  amended 
by  section  5  of  chapter  514  of  the  acts  of  1954,  and  inserting 
in  place  thereof  the  following  section :  —  Section  ^6.  The 
school  committee  of  every  town  or  district  committee  of 
every  twelve  grade  regional  school  district  shall  annually 
ascertain,  under  regulations  prescribed  by  the  department 
and  the  department  of  mental  health,  the  number  of  chil- 
dren retarded  in  mental  development  in  attendance  upon 
its  public  schools,  or  of  school  age  and  resident  therein. 
Such  children  shall  be  placed  in  the  following  classifications : 
—  (a)  the  educable  mentally  retarded ;  (6)  the  trainable 
mentally  retarded;  and  (c)  the  custodial  mentally  retarded. 
At  the  beginning  of  each  school  year  the  committee  of  every 
town  or  district  committee  of  every  twelve  grade  regional 
school  district  where  there  are  five  or  more  such  children  as 
determined  in  accordance  with  the  first  sentence  of  this 
section,  shall,  and  every  town  or  twelve  grade  regional 
school  district  where  there  are  less  than  five  such  children 
may,  establish  special  classes  for  the  instruction  of  the  ed- 
ucable mentally  retarded  children  and  for  the  instruction  of 
the  trainable  mentally  retarded  children  according  to  their 
mental  attainments,  under  regulations  prescribed  by  the  de- 
partment. A  child  appearing  to  be  mentally  retarded  in 
any  less  degree  may,  upon  request  of  the  superintendent  of 
schools  of  the  town  or  twelve  grade  regional  school  district 
where  he  attends  school,  be  examined  under  such  regula- 
tions as  may  be  prescribed  by  the  department  and  the  de- 
partment of  mental  health.  No  child  under  the  control  of 
the  department  of  public  welfare  or  of  the  child  welfare  divi- 
sion of  the  institutions  department  of  the  city  of  Boston  or 
of  a  similar  agency  of  any  other  city,  who  is  retarded  in 


Acts,  1955.  —  Chaps.  627,  628.  527 

mental  development  within  the  meaning  of  this  section, 
shall,  after  complaint  made  by  the  school  committee  to  the 
department  of  public  welfare  or  said  division  or  similar 
agency,  be  placed  in  a  town  or  twelve  grade  regional  school 
district  which  is  not  required  to  maintain  a  special  class  as 
provided  for  in  this  section. 

Section  4.     Said  chapter  71  is  hereby  further  amended  Ed^'n^*^' 
by  striking  out  section  46C,  inserted  by  section  6  of  chap-  §  46C,  etc., 
ter  514  of  the  acts  of  1954,  and  inserting  in  place  thereof  the  ^^^'^  ^  ' 
following  section :  —  Section  46C.    Any  city,  town  or  twelve  Joint  classes 
grade  regional  school  district  having  fewer  than  ten  men-  a^i^'In'd 
tally  retarded  children  may,  with  the  approval  of  the  de-  Jgorked"' 
partment,  join  \vith  another  such  city,  town  or  twelve  grade 
regional  school  district  or  with  other  such  cities,  towns  or 
regional  school  districts  to  provide  the  necessary  special 
classes,  as  provided  in  section  forty-six. 

Approved  August  2,  1955. 

An  Act  authorizing  the  port  of  boston  commission  to  Chav. Q27 

INSURE  certain  PROPERTY  AT  THE  ARMY  BASE  LEASED 
FROM  THE  UNITED  STATES  OF  AMERICA. 

Be  it  enacted,  etc.,  as  follows: 

The  Port  of  Boston  Commission  is  hereby  authorized  to 
procure  and  pay  for  insurance  of  the  type  and  to  the  extent 
required  by  the  lease  authorized  by  chapter  five  hundred 
and  seventy-five  of  the  acts  of  nineteen  hundred  and  fifty- 
four,  between  the  commonwealth  of  Massachusetts  and  the 
United  States  of  America,  relating  to  the  Army  Base  at 
South  Boston,  and  in  tne  event  of  the  occurrence  of  a  casu- 
alty insured  against,  to  employ  without  appropriation  the 
proceeds  of  such  insurance  for  the  repair  and  replacement  of 
the  leased  premises  in  accordance  with  the  terms  of  such 
lease. 

Said  commission  may  expend  for  premium  charges  in 
effecting  said  insurance  such  sums  not  to  exceed  coverage 
of  twenty  million  dollars  as  may  be  appropriated  therefor. 

Approved  August  2,  1966. 

An  Act  providing  for  contributory  group  life,  acci-  C/ia».628 

DENT,  hospitalization,  MEDICAL  AND  SURGICAL  INSUR- 
ANCE FOR  persons  IN  THE  SERVICE  OF  THE  COMMON- 
WEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  General  Laws  are  hereby  amended  by  g.  l.  (Ter. 
inserting  after  chapter  32  the  following  chapter:  —  dfapte'rTsA. 

added. 

Chapter  32A. 

Contributory  Group  General  or  Blanket  Insurance 

FOR  Persons  in  the  Service  of  the  Commonwealth. 

Section  1.     The  purpose  of  this  chapter  is  to  provide  a  Purpose, 
program  of  group  life  insurance,  group  accidental  death  and 


528 


Acts,  1955. —  Chap.  628. 


Definitions. 


State  em- 
ployees' group 
insurance 
commission. 


dismemberment  insurance  for  certain  persons  in  the  service 
of  the  commonwealth,  and  group  general  or  blanket  hospital, 
surgical  and  medical  insurance  for  such  persons  and  their 
dependents. 

Section  2.  The  following  words  and  phrases  as  used  in 
this  chapter  shall  have  the  following  meanings :  — 

(a)  "Commission",  the  state  employees'  group  insurance 
commission. 

(6)  "Employee",  any  person  in  the  service  of  the  com- 
monwealth, whether  such  person  be  employed,  appointed  or 
elected  by  popular  vote ;  provided,  the  duties  of  such  person 
require  that  his  time  be  devoted  to  the  service  of  the  com- 
monwealth during  the  regular  work  week  of  permanent  em- 
ployees, except  that  persons  elected  by  popular  vote  will  be 
considered  employees  during  the  entire  term  for  which  they 
are  elected,  regardless  of  hours  devoted  to  the  service  of  the 
commonwealth.  By  way  of  illustration  but  not  limitation,  a 
person  appointed  or  elected  by  popular  vote  shall  include 
employees  of  the  general  court,  state  officials,  constitutional 
officers  and  members  of  the  general  court,  but  shall  in  no 
event  be  construed  to  include  members  of  the  judiciary, 
seasonal  employees  or  emergency  employees.  A  determina- 
tion by  the  commission  that  a  person  is  eligible  for  partici- 
pation in  the  plan  of  insurance  shall  be  final  and  shall  be  bind- 
ing on  all  parties. 

(c)  "Employer",  the  commonwealth  of  Massachusetts. 

id)  "Dependents",  an  employee's  spouse  and  an  em- 
ployee's unmarried  children  under  nineteen  years  of  age. 

Section  3.  There  shall  be  established  within  the  com- 
mission on  administration  and  finance,  but  not  under  its 
jurisdiction,  a  special  unpaid  commission,  to  be  known  as 
the  state  employees'  group  insurance  commission,  consisting 
of  the  commissioner  of  administration,  the  commissioner  of 
insurance,  and  three  members  to  be  appointed  by  the 
governor,  with  the  advice  and  consent  of  the  council.  At 
least  one  member  appointed  by  the  governor  shall  be  a  state 
employee,  and  not  more  than  two  appointive  members  of 
the  commission  shall  be  members  of  the  same  political  party. 
No  member  appointed  by  the  governor  shall  be  an  insurance 
agent,  broker,  employee  or  officer  of  any  insurance  company. 
Upon  the  expiration  of  the  term  of  office  of  any  appointive 
member,  his  successor  shall  be  appointed  in  like  manner  for 
a  term  of  three  years.  The  commission  shall  be  provided 
with  suitable  offices  in  the  state  house  and  may,  subject  to 
appropriation,  incur  expenses  and  appoint  an  executive 
secretary  and  such  other  employees  as  may  be  necessary  to 
administer  the  provisions  of  this  chapter.  There  shall  be 
paid  by  the  commonwealth  to  each  appointive  member  of 
said  commission  the  necessary  expenses  actually  incurred 
in  the  discharge  of  his  official  duties.  The  executive  secretary 
shall  be  the  executive  and  administrative  officer  of  the  com- 
mission and  shall  not  be  subject  to  the  provisions  of  chapter 
thirty-one.     The  commission  shall  adopt  such  reasonable 


Acts,  1955.  —  Chap.  628.  529 

rules  and  regulations  as  may  be  necessary  for  the  adminis- 
tration of  this  act  and  shall  make  an  annual  report  to  the 
governor  and  to  the  general  court  which  shall  be  in  such  form 
as  to  enable  employees  to  understand  the  benefits  available 
from  the  insurance  program,  including  the  cost  thereof. 

Section  ^.  The  commission  shall  negotiate  with  and  pur-  Powers  and 
chase,  on  such  terms  as  it  deems  to  be  in  the  best  interest  of  commiMion. 
the  commonwealth  and  its  employees,  from  one  or  more  in- 
surance companies,  savings  banks  or  non-profit  hospital  or 
medical  service  corporations,  a  policy  or  policies  of  group  life 
and  accidental  death  and  dismemberment  insurance  cover- 
ing persons  in  the  service  of  the  commonwealth,  and  group 
general  or  blanket  insurance  providing  hospital,  surgical  and 
medical  benefits  covering  persons  in  the  service  of  the 
commonwealth  and  their  dependents,  and  shall  execute  all 
agreements  or  contracts  pertaining  to  said  policies  or  any 
amendments  thereto  for  and  on  behalf  and  in  the  name  of 
the  commonwealth.  Said  commission  may  negotiate  a  con- 
tract for  such  term  not  exceeding  three  years  as  it  may,  in  its 
discretion,  deem  to  be  the  most  advantageous  to  the  com- 
monwealth; provided,  however,  that  the  portion  of  the 
cost  of  the  premium  per  month  to  be  borne  by  the  com- 
monwealth shall  not  exceed  the  estimated  monthly  cost  for 
which  funds  have  been  appropriated  by  the  general  court  for 
the  then  current  fiscal  year. 

For  the  purposes  of  this  chapter,  any  savings  bank  au- 
thorized to  engage  in  the  insurance  business  in  accordance 
with  chapter  one  hundred  and  seventy-eight  and  any  non- 
profit hospital  service  corporation  or  non-profit  medical 
corporation  organized  under  chapter  one  hundred  and 
seventy-six  A  or  one  hundred  and  seventy-six  B  shall  be 
and  is  hereby  authorized  to  enter  into  a  reinsurance  agree- 
ment as  herein  provided  in  the  same  manner  as  any  other 
insurance  company. 

Section  5.  Each  employee  shall  be  automatically  insured  Coverage, 
for  all  insurance  coverages  provided  under  said  policy  or 
policies,  commencing  on  the  date  he  first  becomes  eligible 
or  on  the  effective  date  of  such  coverage  or  coverages,  in- 
cluding dependent  benefits,  whichever  last  occurs;  pro- 
vided, that  any  employee  desiring  not  to  be  so  insured  shall, 
on  an  appropriate  form  prescribed  by  the  commission,  give 
written  notice  to  the  commission  that  he  is  not  to  be  insured  ; 

for  any  of  such  coverages,  including  dependent  benefits, 
provided  under  such  policy  or  pohcies.  Such  notice  shall  be 
mailed  to  the  ofiice  of  the  commission  at  least  thirty  days 
prior  to  the  effective  date  of  the  policy  or  policies  insuring 
said  employee.  If  the  employee  fails  to  give  notice  as  herein 
provided  or,  in  the  event  such  employee  shall  have  become 
insured  before  such  notice  has  been  received,  the  employee 
may  withdraw,  and  such  insurance  shall  cease  to  be  effective 
on  the  first  day  of  the  month  following  the  expiration  of 
fifteen  days  from  the  receipt  of  notice  of  withdrawal.  Every 
poUcy,  whether  original  or  renewal,  shall  provide,  in  the 


530 


Acts,  1955. —  Chap.  628. 


Amount  of 
insurance. 


Information 
from  em- 
ployees. 


Premiums, 
how  paid. 


Dividends 
and  refunds. 


Coverage 
affected  by 
retirement  of 
employees. 


case  of  employees  now  covered  by  group  insurance  benefits, 
protection  by  continuing  uninterrupted  coverage  without 
regard  to  waiting  periods. 

Section  6.  The  amount  of  group  life  insurance  on  each 
employee  shall  be  two  thousand  dollars,  and  the  amount  of 
group  accidental  death  and  dismemberment  insurance  on 
each  employee  shall  be  two  thousand  dollars.  The  amount 
of  the  hospital,  surgical  and  medical  benefits  to  be  provided 
each  employee  and  his  dependents  shall  be  determined  by 
the  commission  subject  to  the  provisions  of  section  four. 

Section  7.  Each  employee  to  whom  this  chapter  applies 
shall  furnish  the  commission,  in  such  form  as  it  shall  pre- 
scribe, such  information  as  is  necessary  to  enroll  himself,  or 
himself  and  his  dependents,  under  the  policy  or  policies  of 
insurance. 

Section  8.  (a)  With  respect  to  any  period  of  insurance 
which  is  in  effect  for  an  employee,  there  shall  be  withheld 
from  each  payment  of  salary  or  wages  of  such  employee 
fifty  per  cent  of  the  premium  for  such  insurance  and  the 
commonwealth  shall  contribute  the  remaining  fifty  per 
cent  of  the  said  premium. 

(6)  If  an  employee  is  not  entitled  to  receive,  during  a 
premium  paying  period,  any  salary,  wages  or  other  com- 
pensation, he  may  continue  his  insurance  in  effect  by  pay- 
ing directly  to  the  treasurer  of  the  commonwealth  a  sum 
equal  to  the  amount  which  would  otherwise  have  been  de- 
ducted from  his  salary  or  wages,  except  that  if  an  employee 
is  granted  a  leave  of  absence  without  pay  he  shall  contribute 
the  entire  cost  of  his  insurance  to  the  treasurer  as  aforesaid 
and  there  shall  be  no  contribution  by  the  commonwealth  for 
such  employee's  insurance. 

(c)  All  amounts  withheld  from  an  employee's  salary  or 
wages  as  provided  in  paragraph  (a)  and  all  amounts  paid  by 
an  employee  as  provided  in  paragraph  (6)  and  all  amounts 
withheld  from  pensions  or  retirement  allowances  under  the 
provisions  of  section  nineteen  of  chapter  thirty-two  shall 
be  forwarded  by  the  treasurer  or  other  agency  responsible 
for  the  payment  of  employee  salaries  and  wages  or  pensions 
and  retirement  allowances  to  the  commission.  The  com- 
mission, from  funds  appropriated  therefor,  shall  authorize 
payment  of  the  contribution  of  the  commonwealth  as  pro- 
vided in  said  paragraph  (a),  which,  together  with  the  em- 
ployee payments,  shall  be  paid  at  least  once  each  month  to 
the  carrier  or  carriers  entitled  to  the  premium. 

Section  9.  Any  dividend  or  other  refunds  or  rate  credits 
shall  inure  to  the  benefit  of  the  commonwealth,  and  shall  be 
deposited  with  the  treasurer  and  receiver-general  of  the 
commonwealth  and  shall  be  applied  to  the  cost  of  such  in- 
surance. 

Section  10.  The  commission  shall  require  that,  on  retire- 
ment of  an  employee,  the  policy  or  policies  of  insurance  shall 
provide  that  the  group  life  coverage  of  such  employee  shall 


Acts,  1955.  — Chap.  628.  531 

be  reduced  fifty  per  cent  and  the  group  general  or  blanket 
insurance  providing  hospital,  surgical  and  medical  benefits 
shall  be  continued,  except  that  the  employee  shall  pay  the 
entire  average  premium  per  one  thousand  dollars  for  group 
life  coverage,  and  for  the  hospital,  surgical  and  medical  bene- 
fits the  entire  group  premium  applicable  for  said  employee 
or  for  said  employee  and  his  dependents.  Any  policy  or 
poHcies  issued  under  this  chapter  shall  provide  that,  on 
termination  of  employment,  an  employee  shall  be  entitled 
to  convert  his  insurance  to  an  individual  type  of  policy,  sub- 
ject to  the  provisions  of  section  one  hundred  and  thirty-four 
of  chapter  one  hundred  and  seventy-five  with  respect  to  life 
insurance,  and  subject  to  the  requirements  of  the  commission 
with  respect  to  the  other  insurance  coverages  provided  in 
this  chapter.  No  employee  will  be  permitted  to  convert  his 
insurance  on  separation  from  service  more  than  one  time  if 
such  converted  insurance  would  result  in  a  greater  amount 
of  insurance  than  is  provided  in  section  six. 

Section  2.    Section  19  of  chapter  32  of  the  General  Laws,  g.  l.  (Ter. 
as  amended  by  chapter  599  of  the  acts  of  1952,  is  hereby  fur-  ^tc'.!'w^eided'. 
ther  amended  by  striking  out  the  last  sentence  and  inserting 
•in  place  thereof  the  following  sentence:  —  No  assignment  of  ^&''j^®°4d8 
any  right  in  or  to  any  funds,  annuities,  pensions  or  retirement  authorized, 
allowances  under  any  system  shall  be  valid  except  such  as-  ®**'' 
signment  as  may  be  made  for  the  purpose  of  making  restitu- 
tion in  the  case  of  dereliction  of  duty  by  any  member  as  set 
forth  in  section  fifteen,  and  except  such  assignment  made  in 
writing  by  a  retired  member,  authorizing  the  board  to  with- 
hold each  month  such  amount  as  he  may  designate  for  the 
payment  of  subscriber  premium  applicable  to  an  hospitaHza- 
tion,  medical  and  surgical  insurance,  or  to  a  life  insurance,  in 
effect  with  a  non-profit  hospital  and  medical  service  corpora- 
tion or  insurance  company  at  the  time  of  his  retirement. 

Section  3.    Section  twenty-seven  A  of  chapter  one  hun-  g.  l.  (Ter. 
dred  and  seventy-six  A  of  the  General  Laws,  inserted  by  f  27A!et^,' 
chapter  five  hundred  and  sixteen  of  the  acts  of  nineteen  hun-  repealed, 
dred  and  fifty-one,  is  hereby  repealed. 

Section  4.  The  three  members  initially  appointed  by  the 
governor  to  the  special  unpaid  commission  estabhshed  by 
section  three  of  chapter  thirty-two  A  of  the  General  Laws, 
as  appearing  in  section  one,  shall  be  appointed  for  terms  of 
one,  two  and  three  years,  respectively. 

Approved  August  3,  1955. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  October  14,  1955. 

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

Dear  Mr.  Secretary:  —  I,  Christian  A.  Herter,  by  vir- 
tue of  and  in  accordance  with  the  provision  of  the  Forty- 


532  Acts,  1955.  — Chap.  629. 

eighth  Amendment  to  the  Constitution,  "The  Referendum 
II,  Emergency  Measure",  do  declare  that  in  my  opinion,  the 
immediate  preservation  of  the  public  peace,  safety  and  con- 
venience requires  that  the  law  signed  by  me  on  the  third  day 
of  August  in  the  year  one  thousand  nine  hundred  and  fifty- 
five,  being  Chapter  628  of  the  Acts  of  1955,  entitled,  "An 
Act  Providing  for  Contributory  Group  Life,  Accident,  Hos- 
pitalization, Medical  and  Surgical  Insurance  for  Persons  in 
the  Service  of  the  Commonwealth",  should  take  effect  forth- 
with, and  that  it  is  an  emergency  law,  and  that  facts  consti- 
tuting the  emergency  are  as  follows: 

The  Act  in  its  present  form  becomes  effective  November 
first  of  the  current  year.  Inasmuch  as  much  preliminary 
work  must  be  done  by  the  Commission  prior  to  the  effective 
date  of  this  Act  it  is  necessary  that  the  legislation  referred  to 
above  should  take  effect  forthwith. 

Sincerely  yours, 

Christian  A.  Herter, 
Governor  of  the  Commonwealth. 

Office  of  the  Secretary,  Boston,  October  14,  1955. 

I,  Edward  J.  Cronin,  Secretary  of  the  Commonwealth, 
hereby  certify  that  the  accompanying  statement  was  filed 
in  this  oSice  by  His  Excellency  the  Governor  of  the  Com- 
monwealth of  Massachusetts  at  ten  o'clock  and  forty-five 
minutes,  a.m.,  on  the  above  date,  and  in  accordance  with 
Article  Forty-eight  of  the  Amendments  to  the  Constitu- 
tion said  chapter  takes  effect  forthmth,  being  chapter  six 
hundred  and  twenty-eight  of  the  acts  of  nineteen  hundred 
and  fifty-five. 

Edward  J.  Cronin, 
Secretary  of  the  Commonwealth. 


Chap.Q29  An    Act    further    defining    the    chelmsford-lowell 

BOUNDARY    LINE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  164  of  the  acts  of  1955  is  hereby 
amended  by  striking  out  section  1  and  inserting  in  place 
thereof  the  following  section :  —  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  approved  by  said  town,  bounded 
and  described  as  follows :  — ■ 

Beginning  at  a  point  in  the  existing  city-town  line  that  is 
604.09  feet  northeasterly  from  Chelmsford-Lowell  comer  2, 
said  point  being  on  the  center  fine  of  the  location  of  the 
New  York,  New  Haven  and  Hartford  Railroad,  the  Massa- 


Acts,  1955.  —  Chap.  630.  533 

chusetts   State   co-ordinates   of  this   starting   point   being 

Y  =  587,892.52  and  X  =  646,788.60;  thence  north  86°  08' 
30"  east  (Massachusetts  Grid  Bearing),  along  the  existing 
city-town  Hne,  1723.42  feet  to  a  point,  the  co-ordinates  of 
which  are  Y  =  588,008.49  and  X  =  648,508.11;  thence 
south  3°  42'  40"  east  1835.93  feet  to  a  point,  the  co-ordinates 
of  which  are  Y  -  586,176.39  and  X  =  648,627.01;  thence 
south  24°  23'  26"  west  658.48  feet  to  a  point,  the  co-ordinates 
of  which  are  Y  =  585,576.68  and  X  =  648,355.09;  thence 
south  80°  47'  51"  west,  888.69  feet  to  a  witness  monu- 
ment, the  co-ordinates  of  which  are  Y  =  585,434.56  and 
X  =  647,477.84;  thence  on  the  same  course  50.00  feet  to  an 
unmarked  point  m  River  Meadow  Brook,  the  co-ordinates 
of  which  are  Y  =  585,426.56  and  X  =  647,428.48;  thence 
north  17°  55'  20"  west  1820.69  feet  to  a  point,  the  co-ordi- 
nates of  which  are  Y  =  587,158.90  and  X  =  646,868.21; 
thence  north  42°  12'  04"  east  173.02  feet  to  a  point,  the  co- 
ordinates of  which  are  Y  =  587,287.07  and  X  =  646,984.43; 
thence  north  17°  55'  20"  west  586.33  feet  to  a  witness  monu- 
ment, the  co-ordinates  of  which  are  Y  =  587,844.95  and 
X  =  646,803.99,  thence  on  the  same  course  50.00  feet 
to  the  point  of  beginning  the  co-ordinates  of  which  are 

Y  =  587,892.52  and  X  =  646,788.60. 

Section  2.  The  city  of  Lowell  shall  file  a  plan  showing 
the  new  boundary  lines  in  the  oflBlce  of  the  state  secretary, 
the  ofl&ce  of  the  town  clerk  in  the  town  of  Chelmsford  and 
the  office  of  the  city  clerk  in  the  city  of  Lowell. 

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

Approved  August  4,  1956. 


An  Act  authorizing  the  state  board  of  retirement  to  Cfiav  630 

PAY  AN  ANNUITY  TO  ELLA  B.  HORTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Any  provisions  of  section  twelve  of  chapter 
thirty-two  of  the  General  Laws  to  the  contrary  notwith- 
standing, and  for  the  purpose  of  promoting  the  pubhc  good, 
the  state  board  of  retirement  is  authorized  to  pay  an  allow- 
ance under  option  (d)  of  said  section  twelve  to  Ella  B. 
Horton,  widow  of  George  Horton,  former  employee  of  the 
state  department  of  public  works,  upon  her  appHcation  and 
the  repayment  of  the  amount  of  accumulated  total  deduc- 
tions already  received  by  her. 

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

Approved  August  4,  1955. 


534 


Acts,  1955.  — Chaps.  631,  632. 


Emergency 
preamble. 


ChaV.QSl  ^^  ^^'^  EXEMPTING  CERTAIN  ORDERS  FOR  CREDIT  UNION 
DEPOSITS  OR  REPAYMENT  OP  CREDIT  UNION  LOANS  FROM 
THE  OPERATION  OF  THE  LAWS  REGULATING  ASSIGNMENT  OF 
WAGES   AND   WEEKLY   PAYMENT   OF  WAGES. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to 
defeat  its  purpose,  which  is  to  immediately  authorize  de- 
ductions from  payrolls  of  employees  who  are  members  of 
credit  unions  for  credit  union  obHgations,  therefore  it  is 
hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.y  as  follows: 

Section  8  of  chapter  154  of  the  General  Laws,  as  most 
recently  amended  by  chapter  239  of  the  acts  of  1951,  is 
hereby  further  amended  by  inserting  after  the  word  "obli- 
gations", in  line  5,  the  words:  —  ,  or  making  deposits  in  or 
for  the  repayment  of  any  loan  from  any  credit  union,  — 
so  as  to  read  as  follows :  —  Section  8.  None  of  the  foregoing 
sections  of  this  chapter,  nor  section  one  hundred  and  forty- 
eight  of  chapter  one  hundred  and  forty-nine,  shall  be  apn 
pUcable  to  or  control  or  prohibit  the  deduction  of  labor  or 
trade  union  or  craft  dues  or  obUgations,  or  making  deposits 
in  or  for  the  repayment  of  any  loan  from  any  credit  union, 
subscriptions  to  a  non-profit  hospital  service  corporation  es- 
tabhshed  under  chapter  one  hundred  and  seventy-six  A,  or 
to  a  medical  service  corporation  established  under  chapter 
one  hundred  and  seventy-six  B,  or  to  a  charitable  corpora- 
tion, or  payments  or  contributions  of  or  toward  the  cost  of 
or  the  premiums  on  any  insurance  policy  or  annuity  contract 
or  purchase  of  government  bonds,  or  purchase  of  stock  pursu- 
ant to  an  employee  stock  purchase  plan,  from  wages  of  an 
employee  by  an  employer  in  accordance  with  a  written  re- 
quest made  by  the  individual  employee;  provided,  that  no 
such  written  request,  whether  recorded  or  not,  except  in  the 
case  of  labor  or  trade  union  or  craft  dues,  shall  be  regarded 
as  an  assignment  valid  against  a  trustee  process. 

Approved  August  4,  1955. 


G.  L.  (Ter. 
Ed.),  154,  §  8, 
etc.,  amended. 


Certain 
exemptions 
from  laws 
regulating 
assignment  of 
wages,  etc. 


Chap.QS2  An  Act  establishing  in  the  town  of  agawam  repre- 
sentative TOWN  government  BY  LIMITED  TOWN  MEET- 
INGS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  is  hereby  established  in  the  town  of 
Agawam  the  form  of  representative  town  government  by 
limited  town  meetings  hereinafter  set  forth.  Upon  accept- 
ance of  this  act  by  the  town  of  Agawam,  as  hereinafter  pro- 
vided, the  selectmen  shall  forthwith  divide  the  territory 
thereof  into  not  less  than  five  voting  precincts,  each  of  which 
shall  be  plainly  designated.  All  precincts  shall  contain  an 
approximately  equal  number  of  voters. 

The  precincts  shall  be  so  established  as  to  consist  of  com- 


Acts,  1955. —  Chap.  632.  535 

pact  and  contiguous  territory,  to  be  bounded,  as  far  as  pos- 
sible, by  the  center  line  of  known  streets  and  ways  or  by 
other  well-defined  limits.  Their  boundaries  shall  be  re- 
viewed, and  if  need  be,  wholly  or  partly  revised,  by  the  se- 
lectmen, in  November,  once  in  five  years,  or  in  November 
of  any  year  when  directed  by  a  vote  of  the  town  meeting. 
Upon  the  acceptance  of  the  division  or  revision  of  the  pre- 
cincts by  a  vote  of  the  town  meeting  members,  the  selectmen 
shall,  within  ten  days  after  any  establishment  or  revision 
of  the  precincts,  file  a  report  of  their  doings  with  the  town 
clerk,  the  registrars  of  voters,  and  the  assessors,  with  a  map 
or  maps  or  description  of  the  precincts  and  the  names  and 
residences  of  the  voters  therein.  The  selectmen  shall  also 
cause  to  be  posted  in  the  town  hall  a  map  or  maps  or  de- 
scription of  the  precincts  as  established  or  revised  from  time 
to  time,  with  the  names  and  residences  of  the  registered 
voters  therein.  They  shall  also  cause  to  be  posted  in  at 
least  one  public  place  in  each  precinct  a  map  or  description 
of  that  precinct  with  the  names  and  residences  of  the  regis- 
tered voters  therein.  The  division  of  the  town  into  voting 
precincts  and  any  revision  of  such  precincts  shall  take  effect 
upon  the  date  of  the  filing  of  the  report  thereof  by  the  select- 
men with  the  town  clerk.  Whenever  the  precincts  are  estab- 
lished or  revised,  the  town  clerk  shall  forthwith  give  written 
notice  thereof  to  the  secretary  of  the  commonwealth,  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  sub- 
mitted to  all  the  voters  of  the  town  shall  be  in  conformity 
with  the  provisions  of  the  General  Laws,  chapters  fifty  to 
fifty-six,  inclusive,  so  far  as  the  same  are  not  inconsistent 
with  this  act,  upon  the  estabhshment  of  the  voting  precincts 
as  hereinbefore  provided. 

Section  2.  Other  than  the  ofiicers  designated  in  section 
three  as  town  meeting  members  at  large,  the  representative 
town  meeting  membership  shall  consist  of  thirty  registered 
voters  of  each  precinct.  The  voters  in  each  precinct  at  the 
first  annual  town  election  held  after  the  acceptance  of  this 
act,  conformably  to  the  laws  relative  to  elections  not  in- 
consistent with  this  act,  shall  elect  by  ballot  the  number  of 
registered  voters  provided  for  in  the  first  sentence  of  this  sec- 
tion, who  shall  be  known  as  the  elected  town  meeting  mem- 
bers of  the  town.  The  first  third,  in  the  order  of  votes  re- 
ceived, of  members  so  elected  shall  serve  three  j^ears,  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  affect- 
ing the  division  into  thirds,  as  aforesaid,  the  members  elected 
from  the  precinct  shall  by  ballot  determine  the  same;  and 
thereafter,  except  as  is  otherwise  provided,  at  each  annual 
town  election  the  registered  voters  of  each  precinct  shall,  in 
like  manner,  elect  for  the  term  of  three  years  one  third  of  the 
number  of  elected  town  meeting  members  to  which  such  pre- 


536  Acts,  1955.  — Chap.  632. 

cinct  is  entitled,  and  shall  at  such  election  fill  for  the  unex- 
pired term  or  terms  any  vacancy  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  established  or  revised  as  afore- 
said shall  cease  upon  the  election,  as  hereinbefore  provided, 
of  their  successors.  The  town  clerk  shall,  after  every  elec- 
tion of  town  meeting  members,  notify  forthwith  each  such 
member  by  mail  of  his  election.  The  town  meeting  mem- 
bers, as  aforesaid,  shall  be  the  judges  of  the  election  and 
qualification  of  their  members. 

Section  3.  Any  representative  town  meeting  held  under 
the  provisions  of  this  act,  except  as  otherwise  provided,  shall 
be  limited  to  the  elected  town  meeting  members  together 
with  the  following,  designated  as  town  meeting  members  at 
large ;  namely,  any  member  of  the  general  court  of  the  com- 
monwealth who  is  a  registered  voter  in  the  town,  the  town 
moderator,  the  town  clerk,  the  chairman  of  the  board  of  se- 
lectmen, the  chairman  of  the  finance  committee,  the  chair- 
man of  the  school  committee,  the  chairman  of  the  planning 
board  and  the  chairman  of  the  board  of  assessors.  Any 
elected  town  meeting  member  who  becomes  by  appointment 
or  election  one  of  the  officers  designated  as  town  meeting 
member  at  large  shall  upon  such  appointment  or  election 
cease  to  be  an  elected  town  meeting  member  and  the  vacancy 
shall  be  filled  as  hereinafter  p^o^'ided. 

The  town  clerk  shall  notify  the  town  meeting  members  of 
the  time  and  place  at  which  representative  town  meetings 
are  to  be  held,  such  notices  to  be  sent  by  mail  at  least  seven 
days  before  the  meeting.  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.  Time  per- 
mitting, notice  of  every  adjourned  town  meeting  shall  be 
posted  by  the  town  clerk  in  one  or  more  public  places  in 
each  precinct.  All  town  meetings  shall  be  pubhc.  The  town 
meeting  members  as  such  shall  receive  no  compensation. 
Subject  to  such  conditions  as  may  be  determined  from  time 
to  time  by  the  members  of  the  representative  town  meeting, 
any  registered  voter  of  the  town  who  is  not  a  town  meeting 
member  may  speak  at  any  representative  town  meeting,  but 
shall  not  vote.  A  town  meeting  member  may  resign  by  fil- 
ing a  written  resignation  with  the  town  clerk,  and  such 
resignation  shall  take  effect  on  the  date  of  such  filing.  A 
town  meeting  member  who  removes  from  the  town  or  from 
the  precinct  from  which  he  was  elected  shall  cease  to  be  a 
town  meeting  member.  Chairmen  of  boards  and  heads  of 
departments  or  their  designated  representatives  shall  be  in 
attendance  at  all  town  meetings  at  which  matters  pertaining 
to  their  oflice  is  under  discussion. 

Section  4.    Nominations  of  candidates  for  town  meeting 
members  to  be  elected  under  this  act  shall  be  from  among 


Acts,  1955. —  Chap.  632.  537 

the  registered  voters  of  the  precinct,  shall  be  made  by  nom- 
ination papers  which  shall  bear  no  political  designation  and 
signed  by  at  least  ten  registered  voters  of  the  precinct  in 
which  the  candidate  resides.  Nomination  papers  shall  be 
filed  with  the  board  of  registrars  for  certification  of  signa- 
tures seven  days  prior  to  the  last  day  and  hour  for  fihng  with 
the  town  clerk,  which  last  day  shall  be  the  same  day  that 
nomination  papers  for  all  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 
on  or  before  the  last  day  for  filing  nomination  papers.  The 
words  "Candidate  for  re-election"  shall  be  printed  on  the 
ballot  opposite  the  names  of  such  candidates,  except  those 
candidates  who  have  been  chosen  as  provided  for  in  section 
seven.  No  nomination  papers  shall  be  valid  in  respect  to 
any  candidate  unless  his  written  acceptance  is  endorsed 
thereon  or  attached  thereto. 

Section  5.  The  moderator  shall  be  elected  by  ballot  at 
each  annual  town  election  when  his  term  of  office  expires, 
and  shall  serve  as  moderator  of  all  town  meetings  except  as 
otherwise  provided  by  law  until  his  successor  is  elected  and 
qualified.  Nominations  for  and  election  of  a  moderator  shall 
be  as  in  the  case  of  other  elective  town  officers,  and  any  va- 
cancy 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  6.  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  pro- 
vided, to  referenda,  and  all  matters  to  be  acted  upon  and 
determined  by  ballot,  shall  be  so  acted  upon  and  determined 
by  the  registered  voters  of  the  town  in  their  respective  pre- 
cincts. All  other  articles  in  the  warrant  for  any  town  meet- 
ing shall  be  acted  upon  and  determined  exclusively  by  town 
meeting  members  at  a  meeting  to  be  held  at  such  time  and 
place  as  shall  be  set  forth  by  the  selectmen  in  the  warrant 
for  the  meeting,  subject  to  the  referendum  provided  for  in 
section  eight.  No  town  meeting  shall  be  held  in  any  hall 
not  capable  of  holding  at  least  five  hundred  people. 

Section  7.  In  the  event  that  a  vacancy  occurs  in  the 
full  number  of  town  meeting  members  from  any  precinct, 
whether  arising  from  a  failure  of  the  registered  voters  thereof 
to  elect,  or  from  any  other  cause,  the  towTi  clerk  shall  at  once 
choose  the  person  who  received  the  highest  number  of  votes 
as  a  defeated  candidate  for  the  office  of  town  meeting  mem- 
ber in  the  preceding  election  in  the  precinct  where  the  va- 
cancy occurs,  and  shall  notify  him  of  his  election  as  a  town 
meeting  member.  If  for  any  reason  this  candidate  cannot 
accept  such  appointment,  the  next  highest  in  the  recorded 
vote  of  the  defeated  candidates  in  that  precinct  shall  be  ap- 
pointed. In  the  event  of  a  tie  vote  of  those  who  received  the 
highest  votes  as  such  candidates,  or  if  neither  of  these  two 


538  Acts,  1955.  — Chap.  632. 

candidates  are  available,  then  the  town  clerk  shall  call  to- 
gether the  town  meeting  members  of  the  precinct  where  the 
vacancy  occurs,  and  they  shall,  by  majority  vote  of  those 
members  present  and  by  use  of  the  ballot,  elect  any  regis- 
tered voter  of  that  precinct  to  fill  such  vacancy.  The  town 
clerk  shall  count  the  ballots,  make  a  certificate  of  the  choice, 
and  notify  the  person  so  chosen  and,  upon  receipt  by  the 
town  clerk  of  a  written  acceptance  by  the  person  so  chosen, 
that  person  shall  be  deemed  elected  and  qualified  as  a  town 
meeting  member,  to  serve  until  the  next  annual  election,  sub- 
ject to  the  right  of  all  the  town  meeting  members  to  be  the 
judges  of  the  election  and  qualification  of  their  members,  as 
provided  in  section  two. 

Section  8.  No  article  in  the  warrant  shall  at  any  repre- 
sentative town  meeting  be  finally  disposed  of  by  a  vote  to 
lay  upon  the  table,  to  indefinitely  postpone  or  by  other  dila- 
tory action.  No  vote  passed  at  any  representative  town 
meeting  under  any  article  in  the  warrant,  except  a  vote  to 
adjourn  or  dissolve  or  a  vote  for  the  temporary  borrowing 
of  money  in  anticipation  of  revenue  or  a  vote  declared  by 
preamble  by  a  two-thirds  vote  of  the  town  meeting  members 
present  and  voting  thereon  to  be  an  emergency  measure  neces- 
sary for  the  immediate  preservation  of  the  peace,  health, 
safety  or  convenience  of  the  town,  shall  be  operative  until 
after  the  expiration  of  seven  days,  including  Sundays  and 
legal  holidays,  from  the  date  of  dissolution  of  the  meeting. 
If,  within  said  seven  days,  a  petition,  signed  by  not  less  than 
five  per  cent  of  the  registered  voters  of  the  town,  containing 
their  names  together  with  their  street  addresses,  is  filed  with 
the  selectmen,  asking  that  the  question  or  questions  involved 
in  such  vote  be  submitted  to  the  voters  of  the  town  at  large, 
then  the  selectmen  within  ten  days  of  the  filing  of  such  peti- 
tion shall  call  a  special  meeting  which  shall  be  held  within 
fifteen  days  after  notice  of  the  call,  for  the  sole  purpose  of 
presenting  to  the  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  question  submitted 
shall  be  taken  by  ballot  and  the  check  lists  shall  be  used  in 
the  several  precincts  in  the  same  manner  as  in  the  election 
of  town  officers.  The  questions  so  submitted  shall  be  deter- 
mined by  vote  of  the  same  proportion  of  voters  at  large  vot- 
ing thereon  as  would  have  been  required  by  law  of  the  town 
meeting  members,  but  no  action  of  the  representative  town 
meeting  shall  be  reversed  unless  at  least  twenty  per  cent  of 
the  registered  voters  shall  so  vote.  Each  question  so  sub- 
mitted shall  be  in  the  form  of  the  following  question,  which 
^all  be  placed  upon  the  official  ballot:  —  "Shall  the  town 
vote  to  approve  the  action  of  the  representative  town  meet- 
ing whereby  it  was  voted  (brief  description  of  the  substance 
of  the  vote)?".  If  such  petition  is  not  filed  within  said 
period  of  seven  days,  the  vote  of  the  representative  town  meet- 
ing shall  become  operative  upon  the  expiration  of  said  period. 


Acts,  1955. —  Chap.  632.  539 

Section  9.  The  town  meeting  members  of  each  precinct 
shall  hold  a  meeting  each  year  not  later  than  the  last  day  of 
May.  Said  meeting  shall  be  called  by  the  town  clerk  by 
giving  each  town  meeting  member  a  seven-day  notice  by 
mail  addressed  to  his  last  and  usual  place  of  residence, 
specifying  the  time,  place  and  purpose  of  said  meeting. 
At  such  meeting  the  town  meeting  members  of  the  precinct 
shall  organize  and  elect  by  majority  vote  of  those  present  a 
chairman  and  secretary,  who  shall  hold  office  for  one  year 
and  until  their  successors  shall  be  elected.  The  chairman  of 
each  precinct  shall  call  a  meeting  of  the  town  meeting  mem- 
bers and  of  all  the  voters  of  said  precinct,  not  later  than 
seven  days  prior  to  the  annual  town  meeting  or  any  special 
town  meeting.  At  such  meetings  the  articles  contained  in 
the  warrant  of  the  meeting  in  question  shall  be  discussed  and 
any  votes  taken  shall  be  considered  advisory  and  shall  not  be 
binding  on  the  town  meeting  members.  Should  the  chair- 
man fail  to  call  such  a  meeting,  any  three  town  meeting 
members  of  the  precinct  may  call  the  same.  Notice  of  such 
meeting  shall  be  published  in  a  newspaper  having  a  daily  or 
weekly  circulation  within  the  town  of  Agawam  at  least  five 
days,  Sundays  and  holidays  included,  prior  to  the  holding  of 
such  meeting.  All  the  precinct  meetings  of  the  town  meeting 
members,  including  those  open  to  the  voters  of  the  precinct, 
shall  be  held  in  some  public  building  within  the  precinct. 
The  secretary  of  each  precinct  shall  keep  a  town  meeting  at- 
tendance record  of  the  town  meeting  members  for  inclusion 
in  the  annual  town  report. 

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

Section  11.  This  act  shall  not  abridge  the  right  of  the 
inhabitants  of  the  town  of  Agawam  to  hold  general  meetings, 
as  secured  to  them  by  the  constitution  of  the  commonwealth ; 
nor  shall  this  act  confer  upon  any  representative  town  meet- 
ing 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  check  list  therefor. 

Section  12.  This  act  shall  be  submitted  for  acceptance 
to  the  registered  voters  of  the  town  of  Agawam  at  the  first 


540  Acts,  1955.  —  Chap.  633. 

annual  town  election  after  the  passage  of  this  act,  or  at  a 
special  town  election  called  for  the  purpose  not  less  than 
ninety  days  before  the  date  of  said  annual  election.  The 
vote  shall  be  taken  by  ballot  in  accordance  with  the  pro- 
visions of  the  General  Laws,  so  far  as  the  same  are  applicable, 
in  answer  to  the  following  question,  which  shall  be  placed 
upon  the  official  ballot  to  be  used  at  said  election:  —  "Shall 
an  act  passed  by  the  General  Court  in  the  year  nineteen 
hundred  and  fifty-five,  entitled  'An  Act  establishing  in  the 
town  of  Agawam  representative  town  government  by  limited 
town  meetings',  be  accepted  by  this  town?". 

Section  13.  If  this  act  is  rejected  by  the  registered  voters 
of  the  town  of  Agawam  when  first  submitted  to  said  voters 
under  section  twelve,  it  may  again  be  submitted  for  ac- 
ceptance in  like  manner  from  time  to  time  to  such  voters  at 
any  town  or  state  election  within  five  years  thereafter,  and, 
if  accepted  by  a  majority  of  the  voters  voting  thereon  at  such 
election,  shall  thereupon  take  effect  for  all  purposes  inci- 
dental to  the  next  annual  town  election  in  said  town,  and 
shall  take  full  effect  beginning  with  said  election. 

Section  14.  For  the  purpose  of  its  acceptance,  this  act 
shall  take  effect  upon  its  passage. 

Approved  August  4,  1955. 


Chap.GSS  ^  ^^"^  '^^  PROVIDE  FOR  AN  ADDITIONAL  COURT  OFFICER  IN 
THE    MUNICIPAL    COURT   OF   THE    ROXBURY    DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

G^L._(Ter.  Section  1.     Sectiou  62  of  chapter  218  of  the  General 

§  6'2.'etc..'  Laws,  as  most  recently  amended  by  section  1  of  chapter  138 
amended.  q£  ^^ie  acts  of  1953,  is  hereby  further  amended  by  striking 
out,  in  line  9,  the  word  "five"  and  inserting  in  place  thereof 
the  word :  —  six,  —  so  as  to  read  as  follows :  —  Section  62. 
pjftrict  court  In  the  municipal  court  of  the  city  of  Boston  the  court  of- 
ficers appointed  shall  not  exceed  ten  for  criminal  business, 
one  of  whom  shall  be  designated  by  the  chief  justice  as  chief 
court  officer  of  said  court  for  criminal  business  and  one  as 
an  assistant  chief  court  officer,  nor  five  for  civil  business,  one 
of  whom  shall  be  designated  by  said  chief  justice  as  chief 
court  officer  of  said  court  for  civil  business ;  in  the  municipal 
court  of  the  Roxbury  district  six  court  officeis  may  be  ap- 
pointed; in  the  third  district  court  of  Eastern  Middlesex, 
in  the  municipal  court  of  the  Dorchester  district  and  in  the 
municipal  court  of  the  West  Roxbury  district  three  court 
officers  may  be  appointed;  in  the  municipal  court  of  the 
South  Boston  district,  of  the  Charlestown  district,  the  East 
Boston  district  court,  the  district  court  of  Chelsea,  the  central 
district  court  of  Worcester,  the  first  district  court  of  Eastern 
Middlesex,  the  second  district  court  of  Eastern  Middlesex, 
the  district  court  of  Springfield,  the  district  court  of  Somer- 
ville  and  the  district  court  of  East  Norfolk  two  court  officers 
for  each  court  may  be  appointed;  and  in  each  of  the  other 


officers. 


Acts,  1955. —  Chaps.  634,  635.  541 

district  courts  in  the  commonwealth  one  court  officer  may 
be  appointed. 
Section  2.    This  act  shall  take  effect  upon  its  passage. 

Approved  August  4,  1955. 

An  Act  belative  to  the  registration  of  certain  regis-  C/iap. 634 

TERED    ASSISTANT    PHARMACISTS   AS    PHARMACISTS. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  the  provisions  of  section  twenty-four  of 
chapter  one  hundred  and  twelve  of  the  General  Laws,  a 
person  who  holds  a  certificate  of  registration,  issued  by  the 
commonwealth,  as  an  assistant  pharmacist  and  who  has  been 
continuously  employed  in  a  retail  drug  store  for  a  period  of 
five  years  or  more  immediately  prior  to  the  filing  of  an  ap- 
plication for  registration  as  a  pharmacist  hereunder,  shall 
upon  application  to  the  board  of  registration  in  pharmacy 
within  twelve  months  of  the  effective  date  of  this  act  and 
upon  the  payment  of  ten  dollars  to  said  board,  be  entitled 
to  an  examination  for  registration  as  a  pharmacist.  Upon 
passing  such  examination,  such  person  shall  be  registered  as 
a  pharmacist,  and  shall  receive  a  certificate  of  registration 
signed  by  the  president  and  secretary  of  said  board. 

Approved  August  4,  1955. 

An  Act  making  certain  changes  in  the  taxation  of  Chav.QS5 
corporate  distributions  in  liquidation  and  clarify- 
ing the  definition  of  basis  for  recognition  of  gain 

OR    loss. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section    1    of   chapter   62    of   the    General  ej^^J^Jj 
Laws  is  hereby  amended  by  striking  out  subsection   (g),  etc!,  amended, 
as  amended  by  chapter  545  of  the  acts  of  1954,  and  inserting 
in  place  thereof  the  following  subsection :  — 

(g)  If  a  corporation,  association  or  trust,  the  beneficial  Distribution 
interest   in   which   is   represented   by   transferable   shares,  and^c^tain 
cancels  or  redeems  its  shares  in  whole  or  in  part,  the  dis-  p''^^*^'  ^*<=- 
tribution  made  in  connection  with  such  cancellation  or  re- 
demption shall  not  be  taxable  under  this  section. 

Section  2.     Section    5    of    said    chapter    62    is    hereby  g.  l.  (Ter. 
amended  by  striking  out  subsection  (c),  as  most  recently  ^tc'^  amended 
amended  by  section  1  of  chapter  599  of  the  acts  of  1954, 
and  inserting  in  place  thereof  the  following  subsection:  — 

(c)  The  excess  of  the  gains  over  the  losses  received  by  the  Basis  for 
taxpayer  from  purchases,  sales  or  exchanges  of  intangible  gl^n^or^ioss  °^ 
personal  property  shall  be  taxed  at  the  rate  of  three  per  cent,  clarified. 
When  such  intangible  personal  property  is  sold  or  exchanged 
the  basis  for  recognition  of  gain  or  loss  shall  be  determined 
in  accordance  with  the  provisions  of  section  seven.     If  a 
corporation,  association  or  trust,  the  beneficial  interest  in 
which  is  represented  by  transferable  shares,  cancels  or  re- 
deems its  stock,  such  transaction  shall  constitute  a  sale  or 
exchange  for  the  purposes  of  this  chapter.    The  gain  or  loss 


542 


Acts,  1955.  — Chap.  635. 


G.  L.  (Ter. 
Ed.),  62,  §  7, 
etc.,  amended. 


Determination 
of  gains  or 
losses  from 
sale  of  capital 
assets,  regu- 
lated. 


shall  be  determined  by  comparing  the  fair  market  value 
of  the  property  received  in  redemption  with  the  basis  of 
the  stock  cancelled  or  redeemed.  In  the  case  of  a  partial 
Uquidation  the  basis  of  the  stock  cancelled  or  redeemed 
shall  be  determined  by  multiplying  the  basis  of  the  stock 
to  which  such  partial  liquidation  was  attributable  by  a 
fraction  whose  numerator  is  the  fair  market  value  of  all  the 
property  distributed  by  the  corporation,  association  or  trust 
in  such  partial  liquidation,  and  whose  denominator  is  the  fair 
market  value  of  the  entire  stock  on  which  such  partial  liquida- 
tion was  made  immediately  before  the  distribution.  If,  in 
any  exchange  of  shares  upon  the  reorganization  of  one  or 
more  corporations  or  of  one  or  more  partnerships,  associa- 
tions or  trusts,  the  beneficial  interest  in  which  is  represented 
by  transferable  shares,  the  new  shares  received  in  exchange 
for  the  shares  surrendered  represent  the  same  interest  in  the 
same  assets,  no  gain  or  loss  shall  be  deemed  to  accrue  from 
the  transaction  until  a  sale  or  further  exchange  of  such  new 
shares  is  made. 

Section  3.  Section  7  of  said  chapter  62  is  hereby 
amended  by  striking  out  the  second  and  third  paragraphs, 
as  amended  by  section  2  of  said  chapter  599,  and  inserting  in 
place  thereof  the  following  three  paragraphs :  — 

In  computing  gains  or  losses  from  the  sale  or  exchange  of 
capital  assets,  the  basis  of  property  owned  on  January  first, 
nineteen  hundred  and  sixteen,  shall  be  the  fair  market  value 
on  that  date  or  the  purchase  price  thereof,  whichever  is 
higher.  The  basis  for  computing  gain  or  loss  from  the  sale 
or  exchange  of  property  acquired  after  January  first,  nine- 
teen hundred  and  sixteen,  shall  be  determined  as  follows:  — 
(a)  the  basis  of  property  acquired  by  purchase  shall  be  the 
cost  thereof;  (6)  the  basis  of  property  acquired  by  gift  prior 
to  July  first,  nineteen  hundred  and  fifty-four,  shall  be  the 
fair  market  value  on  the  date  acquired;  (c)  the  basis  of 
property  acquired  by  gift  after  June  thirtieth,  nineteen 
hundred  and  fifty-four,  shall  be  the  basis  to  the  donor  or 
the  last  preceding  owner  by  whom  it  was  not  acquired  by 
gift,  or  the  fair  market  value  at  the  date  of  the  gift,  which- 
ever i«  lower;  (d)  the  basis  of  property  acquired  by  bequest, 
devise  or  inheritance  shall  be  the  fair  market  value  of  the 
property  on  the  date  acquired;  (e)  the  basis  of  property 
acquired  as  a  dividend  not  paid  in  hquidation  from  a  cor- 
poration, association  or  trust,  the  beneficial  interest  in  which 
is  represented  by  transferable  shares,  shall  be  the  value  at 
which  such  property  was  reportable  as  income ;  (/)  the  basis 
of  property  acquired  upon  the  liquidation,  in  whole  or  in 
part,  of  a  corporation,  association  or  trust,  the  beneficial 
interest  in  which  is  represented  by  transferable  shares,  shall 
be  the  fair  market  value  of  the  property  on  the  date  it  was 
acquired;  (g)  the  basis  of  stock  acquired  as  a  non-taxable 
dividend,  hereafter  called  new  stock,  shall  be  obtained  by 
multiplying  the  basis  of  the  stock  on  which  such  dividend 
was  paid,  hereafter  called  old  stock,  by  a  fraction  whose 


Acts,  1955.  —  Chap.  636.  543 

numerator  is  the  fair  market  value  of  the  new  stock  when 
acquired,  and  whose  denominator  is  the  fair  market  value 
of  both  the  old  and  the  new  stock  when  acquired;  (h)  the 
basis  of  rights  to  purchase  securities  acquired  as  a  distribu- 
tion shall  be  zero;  (i)  the  basis  of  property  acquired  in  a 
non-taxable  exchange  shall  be  the  basis  of  the  property  ex- 
changed therefor;  and  (;)  the  basis  of  property  acquired  in 
a  taxable  exchange  shall  be  the  fair  market  value  of  the  prop- 
erty at  the  time  of  the  exchange. 

In  the  case  of  real  or  tangible  personal  property,  the 
foregoing  basis  shall  be  diminished  by  the  amount  of  de- 
preciation allowable  to  the  taxpayer  under  the  provisions 
of  this  chapter  and  corresponding  provisions  of  earlier  laws. 
For  determining  loss  in  the  case  of  real  property,  the  rental 
income  from  which  is  exempt  under  this  chapter,  the  fore- 
going basis  shall  be  reduced  by  depreciation  sustained  during 
the  period  such  property  was  rented.  In  the  case  of  unde- 
veloped land,  the  foregoing  basis  shall  be  increased  by  the 
excess  of  the  property  taxes  paid  over  the  rental  income  re- 
ceived after  that  date. 

In  the  case  of  intangible  personal  property:  First,  if  the 
property  has  constituted  the  basis  of  a  non-taxable  stock 
dividend,  the  foregoing  basis  shall  be  reduced  by  the  amount 
apportioned  as  the  basis  of  the  new  stock  acquired  in  accord- 
ance with  subsection  (g) ;  second,  the  foregoing  basis  shall  be 
reduced  by  any  amounts  received  as  a  distribution  of  capital; 
and  third,  if  any  distributions  have  been  made  in  connection 
with  a  partial  hquidation  on  account  of  the  property,  the 
foregoing  basis  shall  be  reduced  by  either  (1)  the  fair  market 
value  of  the  property  received  in  such  partial  hquidation 
plus  the  loss  computed  under  subsection  (c)  of  section  five, 
or  (2)  the  fair  market  value  of  the  property  received  in  such 
partial  liquidation  minus  the  gain  computed  under  sub- 
section (c)  of  said  section  five,  whichever  is  applicable. 

Approved  August  4,  1955. 

An  Act  exempting  trusteeships  composed  of  trustees  phnnj  aqa 

SELECTED    BY    EMPLOYERS    AND    UNION    REPRESENTATIVES  ^' 

FOR  THE  PURPOSE  OF  PAYING  CERTAIN  BENEFITS  TO  EM- 
PLOYEES FROM  THE  PROVISIONS  OF  LAW  RESPECTING  DO- 
MESTIC   INSURANCE    COMPANIES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  175  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
striking  out  section  29,  as  amended  by  chapter  167  of  the  f^g^'eVc^' 
acts  of  1939,  and  inserting  in  place  thereof  the  following  amended'.' 
section :  —  Section  29.     All  companies  now  or  hereafter  in-  certain  com- 
corporated  or  formed  by  authority  of  any  general  or  special  Por'sub^ect' 
law  of  the  commonwealth  shall,  except  as  provided  in  sec-  to  certain 
tion  one  hundred  and  fourteen  and  in  chapter  one  hundred  theYnsSran^e 
and  seventy-six,  be  subject  to  this  chapter.    Trade  unions  '^^• 
and  other  associations  of  wage  workers  whose  principal  ob- 
jects are  to  deal  with  the  relations  between  employers  and 


544 


Acts,  1955. —  Chap.  637. 


employees  relative  to  wages,  hours  of  labor  and  other  condi- 
tions of  employment,  and  trusts  complying  with  the  require- 
ments of  subsections  (a)  and  (b)  of  section  186  c-5  of  Title  29, 
U.  S.  Code  and  athletic  and  other  school  organizations  formed 
for  administering  a  plan  for  the  payment  of  benefits  to  school 
pupils  injured  while  participating  in  school  athletics,  com- 
monly known  as  the  school  athletic  accident-benefit  plan, 
shall  not  be  subject  to  this  chapter,  except  as  hereinafter 
provided,  or  to  chapter  one  hundred  and  seventy-six.  The 
president  and  the  treasurer  of  such  an  athletic  or  other  school 
organization  shall,  within  thirty  days  after  a  written  re- 
quest therefor  by  the  commissioner,  file  with  him  a  financial 
statement,  in  such  form  and  detail  and  of  such  date  as  he 
may  prescribe,  signed  and  sworn  to  by  them. 

Approved  August  4,  1955. 


Chap.QS7  An  Act  further  regulating  the  procedures  for  the 

HOSPITALIZATION  AND  COMMITMENT  OF  THE  MENTALLY  ILL, 
AND   RELATING   TO   THE    CARE    OF   SUCH   PERSONS. 


G.  L.  (Ter. 
Ed.),  123,  §  1, 
etc.,  amended. 


"  Mentally 
ill",  etc., 
defined. 


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


G.  L.  (Ter. 
Ed.),  123,  §  11, 
amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  1  of  chapter  123  of  the  General  Laws, 
as  amended  bj'-  section  7  of  chapter  486  of  the  acts  of  1938,  is 
hereby  amended  by  adding  at  the  end  the  following:  — 

"Mentally  ill"  person,  for  the  purpose  of  involuntary 
commitment  to  a  mental  hospital  or  school  under  the  pro- 
visions of  this  chapter,  shall  mean  a  person  subject  to  a 
disease,  psychosis,  psychoneurosis  or  character  disorder 
which  renders  him  so  deficient  in  judgment  or  emotional 
control  that  he  is  in  danger  of  causing  physical  harm  to  him- 
self or  to  others,  or  the  wanton  destruction  of  valuable  prop- 
erty, or  is  likely  to  conduct  himself  in  a  manner  which  clearly 
violates  the  estabhshed  laws,  ordinances,  conventions  or 
morals  of  the  community. 

The  terms  "mentally  ill"  and  "mental  illness"  shall  have 
the  same  meaning  as  the  terms  "insane"  and  "insanity", 
respectively,  as  now  or  formerly  used  in  this  chapter  and  in 
rules  and  regulations  of  the  department,  but  a  finding  that  a 
person  is  mentally  ill  for  purposes  of  commitment  to  a  men- 
tal hospital  or  school  shall  not  per  se  import  a  finding  of 
civil  incompetency  or  of  criminal  irresponsibility. 

"Mentally  deficient"  person,  a  person  whose  intellectual 
functioning  has  been  abnormally  retarded,  or  has  demon- 
strably failed,  the  deficiency  being  manifested  by  psycholog- 
ical signs.  "Mentally  deficient"  shall  have  the  same  mean- 
ing &B  the  term  "feeble  minded"  as  now  or  formerly  used  in 
this  chapter. 

Section  2.  Section  10  of  said  chapter  123,  as  amended 
by  section  25  of  chapter  490  of  the  acts  of  1941,  is  hereby  fur- 
ther amended  by  striking  out,  in  line  4,  the  word  "insane" 
and  inserting  in  place  thereof  the  words:  — -mentally  ill. 

Section  3.  Section  11  of  said  chapter  123,  as  appearing 
in  the  Tercentenary  Edition,  is  hereby  amended  by  adding 
at  the  end  the  following  paragraph:  — 


Acts,  1955. —  Chap.  637.  545 

The  department  may  institute  inquiries  and  investiga-  Department 
tions  for  the  purpose  of  ascertaining  the  cause  of  mental  Bcientm^'^rl-* 
disease,  mental  illness,  epilepsy  and  mental  deficiency.    Such  searoh,  etc. 
studies  may  be  instituted  by  the  department  in  privately 
owned  schools,  chnics  or  laboratories  with  the  consent  of 
their  owners ;  provided,  that  they  permit  the  department  to 
supervise  the  said  studies  and  the  use  of  any  equipment 
required  for  such  studies,  and  permit  all  state  employees 
engaged  in  such  studies  to  observe  the  hours  and  working 
conditions  provided  for  state  employees.     State  employees 
engaged  in  such  studies  in  a  privately  owned  institution 
shall  not  be  required  to  perform  services  for  the  said  private 
institution  not  related  to  the  study  to  which  they  are  as- 
signed. 

Section  4.    Section  13A  of  said  chapter  123,  as  so  appear-  g.  l.  (Ter. 
ing,  is  hereby  amended  by  adding  at  the  end  the  following  f'JsAf^^' 
two  sentences:  —  Said  clinics  may  be  established  in  collabo-  amended, 
ration  with  public  schools,  private  schools,  or  other  agencies  ^'^f'*j'^°^ 
providing  co-operative  or  complementary  facilities  to  the  giene,  powers 
state  clinics.     In  all  instances  the  site  and  location  of  the  ^^^^^i^ties. 
clinic,  number  of  employees,  the  hours  to  be  worked,  and 
other  regulations,  shall  be  subject  to  approval  by  the  com- 
missioner and  shall  be  in  accordance  with  all  laws  and  regu- 
lations governing  state  employees  of  the  appropriate  classes. 

Section  5.    Said  chapter  123  is  hereby  amended  by  strik-  g.  l.  (Ter.  ^^ 
ing  out  section  20,  as  so  appearing,  and  inserting  in  place  amended.' 
thereof  the  following  section :  —  Section  20.     The  depart-  Department, 
ment,  subject  to  section  twenty  A,  may  transfer  to  and  from  to'traMFe°7^' 
any  hospital  or  school  any  patient  who  in  its  opinion  is  a  remove  or ' 
proper  subject  for  care  and  treatment  in  the  institution  to    ^^°'^*^' 
which  he  is  to  be  transferred,  except  that  no  patient  shall 
be  transferred  between  institutions  while  he  is  present  as 
a  voluntary  patient,  or  while  committed  for  observation 
under  section  seventy-seven. 

Written  notice  of  intent  to  transfer  shall  be  given  to  the 
nearest  relative  or  guardian  of  the  patient  by  mail  or  mes- 
senger at  least  forty-eight  hours  before  such  transfer  is  made 
except  in  emergency  cases.  In  cases  found  by  the  super- 
intendent to  be  emergency,  such  notice  shall  be  given  within 
twenty-four  hours  after  the  transfer. 

The  department  shall  not  transfer  any  person  to  or  from 
an  institution  the  person  having  charge  of  which  is  licensed 
under  sections  thirty-three  and  thirty-four  A,  except  upon 
the  application  of  the  superintendent  or  manager  of  such 
institution,  and  of  the  legal  or  natural  guardian  of  such  per- 
son, nor  transfer  any  voluntary  patient  of  any  institution 
except  with  his  written  consent. 

A  record  of  each  transfer  shall  be  entered  in  the  registers 
of  the  institutions  to  which  and  from  which  he  is  transferred. 
The  commitment  papers  and  the  hospital  record  or  an  ab- 
stract thereof  shall  be  transferred  with  the  patient. 

The  department  may  enter  into  an  agreement  with  the 
corresponding  department  of  another  state  for  the  transfer 


546 


Acts,  1955. —  Chap.  637. 


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


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


of  any  patient  to  a  hospital  of  such  other  state  if  such  patient 
is  found  to  be  a  resident  of  such  other  state,  and  may  accept 
the  transfer  of  a  patient  to  the  institutions  of  this  depart- 
ment if  he  is  found  to  have  a  settlement  in  the  common- 
wealth; provided,  however,  that  no  patient  who  is  subject 
to  a  criminal  complaint,  indictment  or  sentence  of  a  court 
of  this  commonwealth  shall  be  transferred  out  of  the  corn- 
wealth  without  the  approval  of  said  court. 

In  making  transfers  of  patients  under  this  section  the  de- 
partment may  employ  transfer  agents  specially  designated 
for  the  purpose.  Each  female  patient  being  transferred  shall 
be  accompanied  by  a  female  transfer  agent,  nurse  or  at- 
tendant. 

On  the  request  of  a  superintendent  of  any  state  hospital, 
the  commissioner  may  transfer  to  the  state  hospital  division 
at  Bridgewater  any  male  patient  who  has  made  two  or  more 
attempts  to  escape,  or  whose  conduct  has  been  such  as  to 
render  him  dangerous  to  other  patients  or  the  personnel  of 
the  hospital  or  school.  In  considering  such  application,  the 
commissioner  or  an  assistant  commissioner  shall  personally 
visit  and  examine  the  patient.  A  transfer  to  Bridgewater 
state  hospital  shall  not  in  any  way  interfere  with  the  pa- 
tient's rights  for  discharge  under  this  chapter.  Except  in 
emergency  cases,  written  notice  must  be  given  to  the  patient 
and  to  his  nearest  relative  or  guardian  of  the  department's 
intention  to  transfer  him  to  Bridgewater  state  hospital  at 
least  three  days  before  such  transfer.  The  notice  shall  con- 
tain a  statement  that  the  patient  has  a  right  to  appeal  this 
decision  to  the  commissioner  and  a  right  to  a  hearing  in  a 
court  in  regard  to  such  transfer.  Such  request  for  a  hearing 
must  be  filed  with  a  court  having  jurisdiction  over  original 
commitments  under  sections  fifty  and  fifty-one.  The  court 
shall  hear  and  determine  whether  or  not  the  department  is 
justified  in  making  the  transfer  under  this  section.  The 
procedure  for  such  hearing  shall  be  the  same  as  in  an  original 
commitment  hearing  under  said  section  fifty-one  of  this 
chapter.  If  the  department  determines  that  an  emergency 
exists,  it  may  make  the  transfer  to  Bridgewater  forthwith, 
but  shall  give  such  notice  as  hereunder  required  within 
twenty-four  hours  of  such  transfer,  and  the  patient's  rights 
to  a  hearing  shall  be  the  same  as  above  stated.  If  the  court 
determines  that  the  department  is  not  justified  in  making 
the  transfer  it  shall  order  the  patient  returned  to  the  original 
state  hospital  or  hospital  school. 

Section  6.  Section  45  of  said  chapter  123,  as  most  re- 
cently amended  by  section  4  of  chapter  684  of  the  acts  of 
1950,  is  hereby  further  amended  by  adding  at  the  end  the 
following  sentence :  —  Such  school  departments  shall  not  be 
subject  to  chapter  sixty-nine,  but  shall  be  under  the  super- 
vision of  the  department  of  mental  health. 

Section  7.  Section  50  of  said  chapter  123,  as  amended 
by  section  4  of  chapter  314  of  the  acts  of  1935,  is  hereby 
further  amended  by  striking  out,  in  line  6  and  in  line  7,  the 


Acts,  1955.  —  Chap.  637.  547 

word  "insane",  and  inserting  in  place  thereof,  in  each  in- 
stance, the  words:  —  mentally  ill. 

Section  8.    Said  chapter  123  is  hereby  further  amended  E^Viia^'^' 
by  striking  out  section  51,  as  amended  by  section  6  of  chap-  §  5'1,'etc.,' 
ter  684  of  the  acts  of  1950,  and  inserting  in  place  thereof  the  ^'"""^'^d- 
following  section :  —  Section  51 .     No  person  shall  be  com-  Order  of 
mitted  to  any  institution  for  the  mentally  ill  designated  '=°'«"^'t"^«°^- 
under  or  described  in  section  ten,  except  the  Walter  E. 
Fernald  state  school,  the  Belchertown  state  school,  the  Myles 
Standish  state  school  and  the  Wrentham  state  school,  unless 
there  has  been  filed  with  the  court  a  certificate  or  certificates 
in  accordance  with  section  fifty-three  certifying  to  the  mental 
illness  of  such  person  by  two  properly  qualified  physicians, 
nor  without  an  order  therefor,  signed  by  a  judge  designated 
in  section  fifty,  stating  that  he  finds  that  the  person  com- 
mitted is  mentall}''  ill  and  is  a  proper  subject  for  treatment 
in  a  hospital  for  the  mentally  ill,  and  either  that  said  person 
has  been  an  inhabitant  of  the  commonwealth  for  the  six 
months  immediately  preceding  such  finding,  or  that  provi- 
sion satisfactory  to  the  department  has  been  made  for  his 
maintenance,  or  that  by  reason  of  mental  illness  he  would 
be  dangerous  if  at  large.     The  order  of  commitment  shall 
also  authorize  the  custody  of  the  mentally  ill  person  either 
at  the  institution  first  named,  or  at  any  other  institution 
under  the  control  of  the  department  to  which  he  may  be 
properlj^  transferred. 

Upon  receipt  of  an  application  for  commitment  the  court 
shall  cause  written  notice  to  be  personally  served  upon  the 
person  named  therein  informing  the  said  person  of  the  appli- 
cation for  commitment  and  of  his  right  to  a  hearing  at  which 
he  can  be  present  and  be  represented  by  counsel.  A  copy  of 
this  notice  shall  be  mailed  to  the  nearest  relative  or  guardian 
of  the  person  served.  The  person  served  shall  be  allowed 
forty-eight  hours  in  which  to  request  a  hearing,  and  further 
time,  not  less  than  seventy-two  hours,  if  desired  for  the 
preparation  of  his  case.  The  court  may  at  its  discretion 
hold  a  private  hearing  at  a  place  convenient  for  the  person 
served.  If  the  person  does  not  request  a  hearing,  the  court 
may  order  commitment  on  the  application,  medical  certifica- 
tion, and  any  other  e\ddence  it  may  require.  In  all  cases  it 
shall  certify  in  what  place  the  mentally  ill  person  resided  at 
the  time  of  his  commitment;  or,  if  the  commitment  is  or- 
dered by  a  court  under  section  one  hundred  or  one  hundred 
and  one,  the  court  shall  certify  in  what  place  the  mentally 
ill  person  resided  or  was  at  the  time  of  the  arrest  upon  the 
charge  for  which  he  was  held  to  answer  before  such  court. 
Such  certificate  shall,  for  the  purposes  of  section  fifty,  be 
conclusive  evidence  of  the  residence  of  the  person  commit- 
ted. 

Section  9.    Section  52  of  said  chapter  123,  as  amended  g^y  (Ter. 
by  chapter  85  of  the  acts  of  1932,  is  hereby  further  amended  §'52,'et'c..' 
by  striking  out,  in  hne  3,  the  word  "insane"  and  inserting  '""'■"'^*''' 
in  place  thereof  the  words:  —  mentally  ill,  —  and  by  striking 


548 


Acts,  1955. —  Chap.  637. 


G.  L.  (Ter. 
Ed.),  123,  §  53, 
etc.,  amended. 


Qualifications 
of  physicians 
certifying  to 
insanity. 


G.  L.  (Ter. 
Ed.),  123,  §  54, 
amended. 


G.  L.  (Ter. 
Ed.),  123,  §  55, 
amended. 


G.  L.  (Ter. 
Ed.),  123, 
§§  57,  58,  59, 
60,  61,  re- 
pealed. 

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

Observation, 
commitment, 
etc. 

Proceedings. 


out,  in  line  7,  the  words  ''four  dollars,  and"  and  inserting 
in  place  thereof  the  words :  —  ten  dollars,  plus  an  addi- 
tional. 

Section  10.  Section  53  of  said  chapter  123,  as  amended 
by  section  1  of  chapter  645  of  the  acts  of  1941,  is  hereby 
further  amended  by  striking  out,  in  line  2  and  in  lines  12 
and  13,  the  word  "insanity"  and  inserting  in  place  thereof, 
in  each  instance,  the  words:  —  mental  illness,  —  by  striking 
out,  in  line  9,  the  word  "insanity"  and  inserting  in  place 
thereof  the  word :  —  psychiatry,  —  by  striking  out,  in  hnes 
16,  18,  20,  22,  29  and  33,  the  word  "insane"  and  inserting 
in  place  thereof,  in  each  instance,  the  words :  —  mental  ill- 
ness, —  and  by  adding  at  the  end  the  following  two  sen- 
tences :  —  The  department  shall  annually  furnish  each  su- 
perior, district  and  probate  court  with  a  list  of  the  diplo- 
mates  in  psychiatry  of  the  American  Board  of  Psychiatry 
and  Neurology,  Incorporated,  in  the  commonwealth,  includ- 
ing on  the  list  the  last  known  business  and  home  address  of 
each  diplomate.  Such  Hst  may  be  used  by  the  courts  for 
their  guidance  in  selecting  physicians  for  examinations. 

Section  11.  Section  54  of  said  chapter  123,  as  appearing 
in  the  Tercentenary  Edition,  is  hereby  amended  by  striking 
out  the  word  "insane",  in  Une  7,  and  inserting  in  place  thereof 
the  words :  —  mentally  ill. 

Section  12.  Section  55  of  said  chapter  123,  as  so  ap- 
pearing, is  hereby  amended  by  striking  out,  in  line  4  and 
in  line  7,  the  word  "insane"  and  inserting  in  place  thereof, 
in  each  instance,  the  words  "mentally  ill". 

Section  13.  Sections  fifty-seven,  fifty-eight,  fifty-nine, 
sixty  and  sixty-one  of  said  chapter  one  hundred  and  twenty- 
three,  as  so  appearing,  are  hereby  repealed. 

Section  14.  Said  chapter  123  is  hereby  further  amended 
by  striking  out  section  77,  as  most  recently  amended  by  sec- 
tion 5  of  chapter  500  of  the  acts  of  1939,  and  inserting  in 
place  thereof  the  following  section :  —  Section  77.  If  a  per- 
son is  found  by  two  physicians  qualified  as  provided  in 
section  fifty-three  to  be  in  such  mental  condition  that  his 
temporary  commitment  to  a  mental  institution  is  necessary 
for  his  proper  care  and  observation,  he  may  be  committed  by 
any  judge  mentioned  in  section  fifty  for  forty  days'  observa- 
tion and  treatment  in  a  state  mental  hospital,  the  McLean 
Hospital,  or,  in  case  such  person  is  eligible  for  admission 
thereto,  in  a  United  States  government  institution,  the  per- 
son having  charge  of  which  is  licensed  under  section  thirty- 
four  A.  Within  forty  days  after  such  person  has  been  received 
at  the  hospital  the  superintendent  or  manager  shall  discharge 
the  person  if  he  is  no  longer  in  need  of  treatment,  and  shall 
notify  the  judge  who  committed  him  of  such  action.  If, 
however,  the  superintendent  or  manager  determines  within 
said  fort.y-day  period  that  the  person  is  in  need  of  further 
treatment,  he  shall  forthwith  cause  appHcation  to  be  made 
for  prolonged  judicial  commitment  under  section  fifty-one. 
Notice  to  the  patient  and  his  relative  shall  thereupon  be 


Acts,  1955. —  Chap.  638. 


549 


given  in  accordance  with  section  fifty-one.  During  the 
pendency  of  such  application  for  prolonged  commitment,  the 
person  may  be  detained  at  the  institution. 

Section  15.    Said  chapter  123  is  hereby  further  amended  ej^'S'^' 
by  striking  out  section  86,  as  amended  by  section  10  of  §86,' etc..' 
said  chapter  500  of  the  acts  of  1939,  and  inserting  in  place  ^"'""^^^■ 
thereof  the  following  section :  —  Seciion  86.     The  superin-  voluntary 
tendent  or  manager  of  any  institution  to  wliich  a  mentally  '^'^"^*^^*°'*3- 
ill  person,  an  alcoholic  or  a  drug  addict  may  be  committed 
under  this  chapter  may,  subject  to  the  availability  of  suitable 
accommodations,  receive  as  a  patient  any  person  who  is 
desirous  of  submitting  himself  for  treatment  and  who  makes 
written  application  therefor.    Except  as  hereinafter  provided, 
no  such  voluntary  patient  shall  be  detained  more  than  three 
days  after  having  given  written  notice  of  his  desire  to  leave 
the  institution.    If,  however,  the  condition  of  the  person  is 
deemed  by  the  superintendent  or  manager  to  be  such  that 
he  cannot  be  discharged  from  the  institution  with  safety  to 
himself  or  to  others,  the  superintendent  or  manager  shall 
forthwith  cause  application  to  be  made  for  judicial  commit- 
ment under  section  fifty-one.    During  the  pendency  of  the 
application  for  judicial  commitment,  the  patient  may  be 
detained  at  the  institution.    No  application  for  judicial  com- 
mitment shall  be  made  by  any  institution  in  regard  to  a 
voluntary  patient  before  the  patient  makes  such  written 
request  for  discharge.  Approved  August  4,  1955. 


An  Act   establishing  the  salaries  of  registers  and  C/ittW.GSS 

ASSISTANT   registers    OF   PROBATE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  217  of  the  General  Laws  is  hereby  g.l.  (Ter. 
amended  by  striking  out  section  35A,   as  most   recently  §  35A,  etc.. 
amended  by  section  1  of  chapter  713  of  the  acts  of  1951,  amended.  ' 
and  inserting  in  place  thereof  the  following  section :  —  Sec- 
tion 35 A.     The  salaries  of  registers  of  probate  shall  be  as 
follows:  — 


COXJKTT. 

Suffolk 

Middlesex 

Essex    . 

Norfolk 

Worcester 

Bristol 

Hampden 

Berkshire 

Plymouth 

Barnstable 

Franklin 

Hampshire 

Dukes  . 

Nantucket 


Salary 

$10,500  Salaries  of 
10,500  registers  of 
9,000  probate. 
9,000 

9,000 
8,500 
8,500 
7,000 
7,000 
6,500 
6,500 
6,500 
4,500 
4,500 


Section  2.    Said  chapter  217  is  hereby  further  amended  ^;,\^T^'- 
by  striking  out  section  35B,  as  most  recently  amended  by  §  35B.  etc., 

amended. 


550 


Acts,  1955. —  Chap.  638. 


chapter  564  of  the  acts  of  1953,  and  inserting  in  place  thereof 
the  following  section:  —  Section  35 B.  The  salaries  of  as- 
sistant registers  of  probate  shall  be  as  follows:  — 


Salaries  of 
assistant 
registers  of 
probate. 


County. 
First  assistant  register  . 
Second  assistant  register 
Third  assistant  register  . 
Fourth  assistant  register 
Fifth  assistant  register    . 


First  assistant  register  . 
Second  assistant  register 
Third  assistant  register  . 
Fourth  assistant  register 
Fifth  assistant  register     . 


First  assistant  register  . 
Second  assistant  register 
Third  assistant  register  . 


First  assistant  register  . 
Second  assistant  register 
Third  assistant  register  . 


First  assistant  register  . 
Second  assistant  register 
Third  assistant  register  . 


First  assistant  register     . 
Second  assistant  register 


First  assistant  register  . 
Second  assistant  register 
Third  assistant  register  . 


First  assistant  register 
First  assistant  register 
First  assistant  register 
First  assistant  register 
First  assistant  register 


Suffolk. 


Middlesex. 


Essex. 

Norfolk. 

Worcester. 

Bristol. 
Hampden. 

Plymouth. 

Berkshire. 

Barnstable. 
Hampshire. 

Franklin. 


Salary . 

$7,500 
7,000 
6,500 
5,500 
5,000 


7,500 
7,000 
6,500 
5,500 
5,000 


6,500 
6,000 
5,500 


6,500 
6,000 
.5,500 


6,500 
6,000 
5,500 


6,000 
5,500 


6,000 
5,500 
5,000 


5,000 
5,000 
4,500 
4,500 
4,500 


Section  3.    This  act  shall  take  effect  on  November  first, 
nineteen  hundred  and  fifty-five. 

Approved  August  4,  1955. 


Acts,  1955. —  Chaps.  639,  640.  551 

An  Act  relative  to  the  levying  of  special  assessments  nhn-jy  f^oq 

TO    ATEET   THE    COST    OF    LAYING    WATER    PIPES    IN    PUBLIC  ^' 

AND    PRIVATE   WAYS. 

Be  it  enacted,  etc.,  as  follows: 

Section  421  of  chapter  40  of  the  General  Laws,  inserted  E^Vio^'^" 
by  chapter  332  of  the  acts  of  1955,  is  hereby  amended  by  §  421,  etc., 
striking  out  the  first  sentence  and  inserting  in  place  thereof  ^^'''^'^'"^■ 
the  following  sentence:  —  Whenever  the  water  commissioners  Special  assess- 
or other  officers  in  charge  of  the  supply  and  distribution  of  J^g?  oHa'^^ng 
water  in  a  city,  town  or  district  which  has  accepted  sections  ^ater  pipes 
fort5^-two  G  to  forty-two  I,  inclusive,  determine  to  lay  water  way"*'''" 
pipes  in  public  and  private  ways  and  assessments  may  be 
made  under  said  sections  for  the  construction  of  such  im- 
provement, they  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  improve- 
ment, and  which  shall  designate  as  the  owner  of  each  parcel 
upon  which  a  lien  is  to  be  imposed  by  this  section  the  person 
who  was  liable  to  assessment  therefor  on  the  preceding  Janu- 
ary first  under  the  provisions  of  chapter  fifty-nine. 

Approved  August  4,  1955. 

An  Act  relative  to  the  establishment  of  relocation  Chav  640 

HOUSING    for    families    DISPLACED     BY    ALL    PUBLIC    IM- 

provement  programs. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^r'^ambiT^ 
to  defeat  its  purpose  which  is  to  provide  forthwith  relocation  '*'" 
housing  for  families  whose  homes  are  displaced  by  public 
improvements  and  by  land  assembly  and  redevelopment 
projects,  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.  It  is  hereby  declared  that  the  commonwealth, 
cities,  towns,  counties,  housing  authorities  and  other  bodies 
pohtic  and  corporate,  are  now  undertaking  and  planning  to 
undertake  pubhc  improvements  and  land  assembly  and  re- 
development projects  which  wall  result  in  the  demolition  of 
many  dwelhng  units  and  make  homeless  persons  and  families 
now  occupying  those  dwelhng  units;  that  there  now  exists 
an  acute  shortage  of  decent,  safe  and  sanitary  dwelling  units 
within  many  of  the  cities  and  towTis  where  such  public 
improvements  and  land  assembly  and  redevelopment  proj- 
ects will  be  undertaken  and  where  such  dwelling  units  will 
be  demolished ;  that  private  enterprise  is  not  now  providing 
and  has  not  provided  a  sufficient  supply  of  decent,  safe  and 
sanitary  dwelhng  units  in  such  cities  and  towns  which  will 
be  available  for  families  displaced  by  the  demoUtion  of  dwell- 


Acts,  1955.  —  Chap.  640. 

ing  units  for  public  improvements  and  land  assembly  and 
redevelopment  projects;  and  that  a  public  exigency  exists 
which  makes  it  necessary  to  provide  decent,  safe  and  sani- 
tary dwelling  units  for  such  displaced  persons  and  families. 

Section  2.  Paragraph  (6)  of  section  26P  of  chapter  121 
of  the  General  Laws  is  hereby  amended  by  striking  out,  in 
hues  26  and  27,  as  appearing  in  section  5  of  chapter  617  of 
the  acts  of  1952,  the  words  "not  otherwdse  eligible  for  public 
housing". 

Section  3.  The  second  paragraph  of  section  26RR  of 
said  chapter  121,  as  appearmg  in  section  6  of  chapter  617  of 
the  acts  of  1952,  is  hereby  amended  by  striking  out  the  first 
sentence  and  inserting  in  place  thereof  the  following  sen- 
tence :  — •  After  July  first,  nineteen  hundred  and  sixty-five, 
or  such  other  date  as  the  board  may  determine  that  such 
acute  shortage  of  housing  for  displaced  persons  constituting 
a  public  exigency,  emergency  or  distress  no  longer  exists, 
any  relocation  project  acquired,  constructed,  moved  or  re- 
habilitated may,  with  the  approval  of  the  board,  be  offered 
for  sale  at  its  fair  market  value  and  disposed  of  as  soon  as  is 
consistent  with  sound  business  judgment;  provided,  that 
no  such  sale  shall  be  for  less  than  the  total  of  the  outstanding 
obhgations  of  the  housing  authority  with  respect  to  such 
project. 

Section  4.  Paragraph  (b)  of  section  26ER  of  said  chap- 
ter 121,  as  so  appearing,  is  hereby  amended  by  striking  out 
subparagraph  (2)  and  inserting  in  place  thereof  the  following 
subparagraph :  — 

(2)  A  housing  authority  shall  not  admit  a  person  or  family 
for  occupancy  in  a  relocation  project  for  a  period  longer  than 
may  be  from  time  to  time  determined  by  the  board.  A 
housing  authority  shall  accept  as  tenants  persons  or  families 
who  occupied  dwellings  eliminated  by  demoHtion,  condemna- 
tion and  effective  closing  as  part  of  any  public  improvement 
or  land  assembly  and  redevelopment  project  made  by  the 
commonwealth,  city  or  town  or  other  body  pohtic  and  cor- 
porate ;  provided,  that  to  the  extent  that  no  displaced  persons 
apply  for  tenancy  in  such  relocation  project  the  authority 
may  admit  as  tenants  veterans  as  defined  in  this  chapter  and 
elderly  persons  qualifying  for  housing  under  the  provisions 
of  this  chapter  and  persons  of  low  income,  provided  that  no 
vacancies  exist  for  such  persons  of  low  income  in  existing  low 
rent  public  housing  projects.  If  a  housing  authority  acquires 
a  completed  dwelling  or  group  of  dwellings  for  a  relocation 
project,  and  the  acquisition  of  such  does  not  involve  their 
demolition,  the  authority  may  permit  any  person  or  family 
otherwise  eligible  under  this  chapter  to  continue  in  occu- 
pancy for  such  period  or  periods  that  such  dwelling  units  are 
not  needed  for  persons  or  families  displaced  by  any  public 
improvement  or  land  assembly  and  redevelopment  project. 

Section  5.  Subparagraph  (6)  of  paragraph  (3)  of  said 
section  26RR  of  said  chapter  121,  as  so  appearing,  is  hereby 
amended  by  striking  out  the  second  sentence. 


Acts,  1955.  —  Chap.  641.  553 

Section  6.  Said  section  26RR  of  said  chapter  121,  as  so 
appearing,  is  hereby  further  amended  by  adding  at  the  end 
the  following  paragraph :  — 

The  provisions  of  this  chapter  or  any  other  law  to  the  con- 
trary notwithstanding,  a  housing  authority  may  acquire  with 
the  approval  of  the  board  for  use  as  a  relocation  project  any 
existing  project  owned  or  leased  to  it  by  the  federal  govern- 
ment, and  may  with  the  approval  of  the  board  operate  and 
maintain  such  project  as  a  relocation  project. 

Approved  August  8,  1955. 

An  Act  relative  to  housing  for  certain  elderly  per-  C^av  641 

SONS,    AND    PERSONS   LIVING    IN    SUBSTANDARD    HOUSING, 

Be  it  enacted,  etc.,  asfoUoivs: 

The  first  paragraph  of  section  26NN  of  chapter  121  of  the  o.  l.  (Ter. 
General  Law^s  is  hereby  amended  by  striking  out  the  last  f  96NN^etc 
sentence,  as  appearing  in  section  2  of  chapter  667  of  the  acts  amended. 
of  1954,  and  inserting  in  place  thereof  the  following  sentence: 
—  Each  project  developed  under  this  section  and  section  Administra- 
twenty-six  00  shall  be  administered  for  occupancy  in  ac-  [^°°  ro-^ects^' 
cordance  with  section  twenty-six  FF,  except  clause  (c)  and  regulated. 
except  that  for  each  completed  project  the  authority  shall 
create,  beginning  in  the  first  year  immediately  succeeding 
its  issuance  of  any  bonds,  a  reserve  for  principal  and  interest 
equal  to  one  twelfth  of  the  largest  principal  and  interest  pay- 
ments which  will  be  due  on  such  bonds  in  any  one  year  there- 
after and  shall  maintain  such  reserve  and  increase  the  same 
by  a  similar  amount  for  each  of  the  eleven  succeeding  years 
thereafter  and  maintain  each  such  increase;  provided,  how- 
ever, that  in  the  event  a  project  is  refinanced,  there  shall  be 
appropriate  adjustments  made  in  the  reserves  required  by 
the  foregoing  pro\'isions  to  reflect  any  changes  in  amounts  of 
principal  and  interest  payable  to  the  end  that  twelve  years 
after  the  date  of  the  issuance  of  the  original  bonds,  or  as 
soon  thereafter  as  may  be  practicable,  there  will  have  been 
created  and  thereafter  maintained  a  reserve  equal  to  the 
largest  amount  of  principal  and  interest  due  in  any  subse- 
quent year  on  account  of  the  outstanding  bonds  issued  to 
finance  the  project;  and  except  that  each  such  project  shall 
be  occupied,  except  as  hereinafter  provided,  by  veterans  and 
their  famihes,  and  priority  shall  be  given  first  to  veterans  of 
World  War  II  of  low  income  and  to  veterans  of  low  income 
who  have  served  in  the  active  armed  forces  of  the  United 
States  at  any  time  between  June  twenty-fifth,  nineteen  hun- 
dred and  fifty  and  January  thirty-first,  nineteen  hundred  and 
fifty-five,  both  dates  inclusive;  then  to  veterans  of  low  in- 
come, such  low  income  to  be  determined  from  time  to  time 
by  the  board;  then  to  a  person  without  regard  to  family 
status,  who  is  a  veteran  or  the  widow  or  the  widower  of  a 
veteran,  and  who  is  fiifty  years  of  age  or  over;  then  to  eld- 
erly persons  qualifying  for  housing  under  the  provisions  of 
section  twenty-six  UU ;  then  to  other  persona  of  low  income 


Acts,  1955.  — Chap.  641. 

living  in  substandard  housing ;  and  a  housing  authority  may 
remodel  or  reconstruct  parts  or  projects  erected  under  this 
section  to  make  the  same  available  for  occupancy  by  elderly 
persons  qualif5dng  for  housing  under  the  provisions  of  sec- 
tion twenty-six  UU,  and  such  remodeled  or  reconstructed 
apartments  shall  be  available  for  occupancy  by  eligible 
elderly  persons  of  low  income  only  to  the  extent  that  no 
eligible  veterans  or  widows  or  widowers  of  veterans  apply 
for  such  units,  then  to  other  persons  of  low  income  living 
in  substandard  housing  provided  that  no  eligible  veterans, 
widows  or  widowers  of  veterans  or  elderly  persons  of  low 
income  apply  for  such  remodeled  or  reconstructed  units. 

Approved  August  8,  1955. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  August  8,  1955. 

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  XL VIII  of  the  amendments 
to  the  Constitution,  the  Referendum,  II,  Emergency  Meas- 
ures, hereby  declare  that  in  my  opinion  the  immediate  pres- 
ervation of  the  pubhc  health,  safety  and  convenience  re- 
quires the  law  entitled  "An  Act  relative  to  Housing  for 
Certain  Elderly  Persons,  and  Persons  living  in  Substandard 
Housing"  and  the  enactment  of  which  received  my  approval 
this  day  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 
fellows : — 

Postponement  of  the  operation  of  this  act  for  ninety  days 
would  deprive  our  elderly  persons  and  persons  living  in  sub- 
standard housing  from  receiving  its  benefits  before  the  cold 
weather  sets  in  and  would  increase  the  number  of  vacancies 
in  housing  projects  to  the  financial  loss  of  the  Commonwealth. 

Very  truly  yours, 
Christian  A.  Herter, 

Governor  of  the  Commonwealth. 
Office  of  the  Secretary,  Boston,  August  8,  1955. 

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  fifteen 
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  six  hun- 
dred and  forty-one  of  the  acts  of  nineteen  hundred  and 
fifty-five. 

Leo  M.  Harlow, 
Deputy  Secretary  of  the  Commonwealth. 


Acts,  1955.  —  Chap.  642.  555 


An  Act  relative  to  expenditures  for  the  care,  main-  (jfiQjy  649 

TENANCE    AND    REPAIR     OF    TUBERCULOSIS     HOSPITALS    IN 
CERTAIN   COUNTIES. 

Whereas,  The  deferred  operation  of  this  act  would  result  Emergency 
in  unnecessarih''  extending  the  period  during  which  expendi-  p''^^'"^'®- 
tures  by  certain  counties  for  tuberculosis  hospital  purposes 
would  be  made  without  express  authorization  therefor  by 
the  general  court,  therefore  this  act  is  hereby  declar^  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

The  trustees  of  the  Bristol  county  tuberculosis  hospital 
and  the  county  commissioners  of  the  other  counties  herein- 
after specified  are  hereby  authorized  to  expend  for  the  year 
nineteen  hundred  and  fifty-five  the  sums  set  forth  in  this 
act  for  the  care,  maintenance  and  repair  of  the  county  tu- 
berculosis hospitals  within  their  respective  counties,  and  to 
assess  the  same  in  the  manner  set  forth  in  section  eight3''-five 
of  chapter  one  hundred  and  eleven  of  the  General  Laws,  as 
amended. 

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

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

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

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

No  direct  drafts  against  the  account  known  as  the  re- 
serve fund  shall  be  made,  but  transfers  from  this  account  to 
other  accounts  may  be  made  to  meet  extraordinary  or  un- 
foreseen expenditures  upon  the  request  of  said  trustees  and 
said  county  commissioners  with  the  approval  of  the  director 
of  accounts. 


Acts,  1955.  — Chap.  642. 


Bristol  County. 


Item 

1.  For  personal  servicea 

2.  For  contractual  services     . 

3.  For  supplies  and  materials 

4.  For  current  charges  and  obligations 

5.  For  equipment 

7.  For  land  and  nonstructural 

9.  For  debt  and  interest 

10.  For  unpaid  bills  of  previous  years 

11.  For  reserve  fund 

For  total  expenditures 


$194,860  00 

34,550  00 

87,600  00 

21,018  43 

14,670  00 

1,100  00 

10,300  00 

250  00 

2,500  00 

$366,848  43 


Essex  County. 


Item 

1.  For  personal  services 

2.  For  contractual  services     . 

3.  For  supplies  and  materials 

4.  For  current  charges  and  obligations 

5.  For  equipment 

9.    For  debt  and  interest 

For  unpaid  bills  of  previous  years 
For  reserve  fund 


10. 
11. 


For  total  expenditures 


$620,410  00 

68,200  00 

263,800  00 

65,904  00 

15,650  00 

6,046  70 

1,000  00 

10,000  00 

$1,041,010  70 


Middlesex  County. 


Item 
1.     For  personal  services 

For  contractual  services     . 

For  supplies  and  materials 

For  current  charges  and  obligations 

For  equipment 

For  structures  and  improvements 

For  debt  and  interest 

For  unpaid  bills  of  previous  years 

For  reserve  fund 


2. 

3. 

4. 

5. 

6. 

9. 
10. 
11. 


For  total  expenditures 


$944,267  00 

67,614  00 

379,355  00 

62,151  00 

13,433  00 

2,700  00 

9,000  00 

1,000  00 

10,000  00 

$1,489,520  00 


Norfolk  County. 


Item 

1.  For  personal  services 

2.  For  contractual  services     . 

3.  For  supplies  and  materials 

4.  For  current  charges  and  obligations 

5.  For  equipment 

6.  For  structures  and  improvements 
9.  For  debt  and  interest 

11.  For  reserve  fund 

For  total  expenditures   . 


$490,900  00 

56,550  00 

190,900  00 

24,575  21 

4,500  00 

40,000  00 

6,000  00 

10,000  00 

$823,425  21 


Acts,  1955. —  Chap.  643. 


557 


Plymouth  County. 


Item 

1.  For  personal  services 

2.  For  contractual  services     . 

3.  For  supplies  and  materials 

4.  For  current  charges  and  obligations 

5.  For  equipment 

6.  For  structures  and  improvements 

7.  For  land  and  nonstructural 
9.  For  debt  and  interest 

11.  For  reserve  fund 

For  total  expenditures    . 


$353,614  79 

47,180  00 

143,700  00 

35,686  65 

10,868  00 

500  00 

1,000  00 

4,600  00 

10,000  00 

$607,039  44 


Worcester  County. 


Item 

1.  For  personal  services 

2.  For  contractual  services     . 

3.  For  supplies  and  materials 

4.  For  current  charges  and  obligations 

5.  For  equipment 

9.  For  debt  and  interest 

11.  For  reserve  fund 

For  total  expenditures    . 


$482,592  07 

56,810  00 

157,875  00 

34,839  42 

13,060  00 

5,000  00 

2,000  00 

$752,176  49 


Approved  August  9,  1955. 


An  Act  relative  to  the  organization  and  administra-  Chav  643 

TION  OF  THE  PERSONNEL  SYSTEM  OF  THE  COMMONWEALTH. 


Whereas,  The  deferred  operation  of  this  act  would  tend  to 
defeat  its  purpose  which  is  to  provide  forthwith  for  certain 
changes  and  adjustments  of  the  personnel  system  of  the 
commonwealth  which  would  tend  to  increase  the  efficiency 
of  the  personnel  of  the  commonwealth,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  im- 
mediate preservation  of  the  pubhc  welfare  and  convenience. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  46  of  chapter  30  of  the  General  Laws 
is  hereby  amended  by  striking  out  paragraph  (4),  as  appear- 
ing in  section  2  of  chapter  311  of  the  acts  of  1948,  and  in- 
serting in  place  thereof  the  following  paragraph :  — 

(4)  Every  regular  step-rate  increase  in  the  salary  of  any 
officer  or  emploj'ee  of  the  commonwealth  under  the  ap- 
plicable salary  schedule  set  forth  in  this  section  shall  be 
initiated  by  the  division  of  personnel  and  standardization, 
in  accordance  with  said  salary  schedule  and  shall  take  effect 
in  accordance  with  the  said  schedules  upon  certification  of 
such  increase  by  the  director  of  personnel  and  standardiza- 
tion to  the  director  of  ci\al  service,  the  comptroller  and  the 
appointing  authority  concerned. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.),  30,  §  46, 
etc.,  amended. 


Adminiatra- 
tion  of  the 
state  per- 
sonnel system, 
regulated. 


558 


Acts,  1955. —  Chap.  643. 


G.  L.  (Ter. 
Ed.),  30,  §  45, 
etc.,  amended. 


G.  L.  (Ter. 
Ed.),  30,  §  46, 
etc.,  amended. 


In  the  case  of  each  teacher  and  each  supervisor  employed 
in  any  school  or  college  within  any  department  of  the  com- 
monwealth whose  regular  service  is  rendered  from  Septem- 
ber first  to  June  thirtieth,  salary  increments  due  such  person, 
notwithstanding  the  provisions  of  paragraph  (2)  of  this  sec- 
tion, shall  take  effect  in  the  first  week  of  September  or  in  the 
first  week  of  February,  as  the  case  may  be,  after  periods  of 
service  as  estabhshed  in  the  General  Laws. 

Such  certification  must  be  sent  at  least  thirty  days  before 
effective  date  of  such  step-rate  salary  increase.  The  said 
appointing  authority  may,  in  writing  to  the  director  of  per- 
sonnel and  standardization  not  later  than  fifteen  days  be- 
fore such  effective  date,  object  thereto,  stating  reasons 
therefor  and  furnishing  a  copy  thereof  to  the  said  officer 
or  employee,  in  which  event,  said  director  shall  in  writing 
not  later  than  five  days  preceding  the  date  when  the  increase 
otherwise  would  have  taken  effect,  remove  such  certification, 
and  the  appointing  authority  shall  forthwith  notify  such 
officer  or  employee. 

In  the  event  that  a  step-rate  increase  has  been  denied  an 
officer  or  employee  of  the  commonwealth  by  the  appointing 
authority,  the  appointing  authority  may  recommend  that 
such  denial  be  removed  and  such  step-rate  increase  be 
granted.  The  director  of  personnel  and  standardization 
thereupon  shall  certify  such  increase  in  the  manner  provided 
for  above  in  the  case  of  regular  step-rate  increases,  and  such 
step-rate  increase  shall  become  effective  upon  such  certifica- 
tion. 

If  a  step-rate  increase  is  denied  any  officer  or  employee 
under  the  provisions  of  this  section,  such  officer  or  employee 
may  appeal  for  review  of  such  decision  before  the  personnel 
appeals  board  provided  for  in  sections  fifty-three  to  fifty- 
five  of  this  chapter. 

The  said  recommendations  and  reasons  of  the  said  ap- 
pointing authoritj'  shall  be  open  to  public  inspection  in  the 
files  of  the  division  of  personnel  and  standardization. 

Section  2.  Paragraph  (6)  of  section  45  of  said  chapter 
30,  as  appearing  in  section  9  of  chapter  680  of  the  acts  of 
1954,  is  hereby  amended  by  inserting  after  the  word  "plans", 
in  line  5,  the  following:  — ,  and  credits  due  officers  or  em- 
ployees, subject  to  this  section,  for  previous  services. 

Section  3.  Paragraph  (7)  of  section  46  of  said  chapter 
30,  as  appearing  in  section  2  of  chapter  311  of  the  acts  of 
1948,  is  hereby  amended  by  inserting  after  the  word  "grade", 
in  line  6,  the  following:  —  :  however,  if  a  teacher  or  super- 
visor employed  in  any  school  or  college  within  any  depart- 
ment of  the  commonwealth  is  transferred  from  a  position,  in 
which  the  regular  service  is  rendered  from  September  first 
to  June  thirtieth,  to  a  position  in  whieh  the  regular  service 
is  rendered  for  the  entire  year,  he  shall  be  reallocated  in  the 
salary  schedule  from  the  rate  in  the  salary  schedule,  crediting 
him  with  previous  service  and  at  which  he  was  paid  immedi- 
ately prior  to  such  transfer,  to  the  rate  in  the  salary  schedule 


Acts,  1955.  —  Chap.  643.  559 

which  will  credit  him  with  the  same  service  but  for  the 
position  to  which  he  is  transferred. 

Section  4.     Said  chapter  30  is  hereby  further  amended  EdV3oT47 
by  striking  out  section  47,  as  most  recently  amended  by  etc!, 'amended', 
section  3  of  said  chapter  311,  and  inserting  in  place  thereof 
the  following  section :  —  Section  47.    Notice  to  the  director  Notice  to 
of  civil  service  shall  be  given  in  all  cases  in  which  a  position  '^rector. 
is  changed  in  salary  grade. 

Section  5.     Said  chapter  30  is  hereby  further  amended  EdV.so'^'^' 
by  striking  out  section  9B,  as  amended  by  chapter  717  of  §91^',  etc., 
the  acts  of  1950,  and  inserting  in  place  thereof  the  following  '''^^'"^^'^■ 
section :  —  Section  9B.     No  person  permanently  employed  Protection 
in  any  institution  under  the  department  of  mental  health,  afbitra*ry 
public  health,  public  welfare  or  correction,  or  in  the  soldiers'  removal. 
homes  in  INIassachusetts,  or  in  institutions  under  the  juris- 
diction of  the  di\dsion  of  youth  service,  except  an  employee, 
other  than  a  nurse,  rendering  professional  service,  who  is 
not  classified  under  chapter  thirty-one,  and  no  maintenance 
employee  in  any  institution  under  the  department  of  educa- 
tion, shall,  after  having  actually  performed  the  duties  of  the 
office  or  position  for  a  period  of  six  months  in  such  an  insti- 
tution or  department,  be  discharged,  removed,  suspended, 
laid  off,  transferred  from  the  latest  office  or  employment 
held  by  him  without  his  consent,  lowered  in  rank  or  com- 
pensation,  nor   shall   his   office   or  position   be  abolished, 
except  for  just  cause  and  in  the  manner  provided  by  sections 
forty-three  and  forty-five  of  chapter  thirty-one. 

Section  6.     Chapter  149  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  30A,   as  most  recently  §^30A^ttc 
amended  by  chapter  626  of  the  acts  of  1952,  and  inserting  amended.  ' 
in  place  thereof  the  following  section:  —  Section  30 A.    Not-  work  houra 
withstanding  any  other  provision  of  this  chapter  or  other  °tat"em- 
general  or  special  law,  the  service  of  all  persons  employed  bj''  pioyees, 
the  commonwealth  is  hereby  restricted  to  five  tours  of  duty  "^^^^  ^*^ 
in  any  one  work  week,  and  to  such  hours  in  any  one  work 
week,  not  less  than  thirty-seven  and  one  half  hours,  except 
in  the  case  of  part-time  employment,  nor  more  than  forty 
hours,  and  with  like  hours  for  like  tour  of  duty  classes,  as 
determined  by  the  director  of  personnel  and  standardiza- 
tion, in  accordance  with  section  forty-five  of  chapter  thirty, 
and  the  tour  of  duty  is  hereby  restricted  to  eight  hours,  and 
such  tour  of  duty  shall  be  arranged  to  fall  within  a  period 
not  exceeding  ten  consecutive  hours;    provided,  that  this 
section  shall  not  apply  to  the  state  police  uniformed  force 
and   detectives,   metropolitan   district  police,   conservation 
officers,  coastal  wardens,  employees  engaged  in  forest  fire 
observation,  investigators  and  examiners  and  other  employ- 
ees of  the  registry  of  motor  vehicles  having  police  powers 
under  section  twenty-nine  of  chapter  ninety,  teachers,  ar- 
morers, elected  officers,  appointees  of  the  governor,  heads  of 
departments  and  divisions  and  their  deputies  and  assistants, 
scrub  women,  cleaners  or  incumbents  of  the  positions  of 
superintendents,  assistant  superintendents,  wardens,  deputy 


560 


Acts,  1955. —  Chap.  643. 


G.  L.  (Ter. 
Ed.),  7,  §  28, 
etc.,  amended. 


G.  L.  (Ter. 
Ed.),  30,  §  24, 
etc.,  amended. 

Business  days 
and  hours  for 
state  offices. 


Q.  L.  (Ter. 
Ed.),  31,  §  15, 
etc.,  amended. 


wardens,  stewards,  physicians,  dentists,  head  farmers,  busi- 
ness managers,  chief  power  plant  engineers  at  mental  health, 
public  health,  public  weKare  and  correction  institutions,  sol- 
diers' homes  in  Massachusetts  and  agencies  under  the  juris- 
diction of  the  youth  ser\dce  division;  the  manager  of  the 
boarding  hall  at  the  University  of  Massachusetts;  the  adju- 
tant of  the  soldiers'  homes  in  Massachusetts;  the  construc- 
tion and  maintenance  supervisor  at  the  reformatory  for 
women;  the  state  farm  master  at  the  state  farm;  and  such 
other  employees  as  may  be  exempted  therefrom  or  any  part 
thereof  by  a  rule  or  rules  of  the  director  of  personnel.  All 
service  in  excess  of  eight  hours  in  any  one  tour  of  duty  or 
forty  hours  in  any  one  work  week  rendered  by  an  employee 
subject  to  this  section  at  the  request  of  an  officer  of  the  com- 
monwealth or  other  person  whose  duty  it  is  to  employ,  direct 
or  control  such  employees,  shall  be  compensated  for  as 
overtime  work  in  accordance  with  the  pertinent  rule  or 
rules  of  the  director  of  personnel  and  standardization.  The 
director  of  personnel  and  standardization  is  empowered  to 
make  rules  and  regulations,  subject  to  the  approval  of  the 
commission  on  administration  and  finance,  to  carry  out  the 
provisions  of  this  section. 

Section  7.  The  third  paragraph  of  section  28  of  chapter 
7  of  the  General  Laws,  as  appearing  in  section  2  of  chapter 
680  of  the  acts  of  1954,  is  hereby  amended  by  inserting  after 
the  word  "determination",  in  line  2,  the  following  words :  — 
of  the  hours  of  work  of  any  class. 

Section  8.  Chapter  30  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  24,  as  most  recently  amended 
by  section  5  of  chapter  680  of  the  acts  of  1954,  and  inserting 
in  place  thereof  the  following  section :  —  Section  S4.  All  of- 
fices under  the  jurisdiction  of  any  department  of  the  state 
government  shall  be  open  to  the  public  for  the  transaction 
of  business  daily  on  days  other  than  Saturdays,  Sundays 
and  legal  holidays  for  such  hours,  beginning  not  later  than 
nine  o'clock  in  the  forenoon  and  ending  not  earlier  than  five 
o'clock  in  the  afternoon,  as  may  be  set  by  the  department 
head  subject  to  the  approval  of  the  commission  on  adminis- 
tration and  finance,  except  that,  if  the  convenience  of  the 
public  so  requires,  any  department  head,  subject  to  like 
approval,  may  keep  any  office  under  his  jurisdiction  open 
on  any  Saturday,  not  a  legal  holiday,  from  nine  o'clock  in 
the  forenoon  to  twelve  o'clock  noon,  and  give  any  employee 
required  to  work  on  Saturday  equivalent  time  off  without 
loss  of  compensation.  AVhen  the  day  or  the  last  day  for  the 
performance  of  any  act,  including  the  making  of  any  pay- 
ment or  tender  of  payment,  authorized  or  required  to  be 
performed  at  such  an  office  falls  on  a  Saturday,  Sunday  or 
legal  holiday,  the  act  may  be  performed  on  the  next  succeed- 
ing business  day. 

Section  9.  Paragraph  C  of  section  15  of  chapter  31  of 
the  General  Laws,  as  appearing  in  chapter  103  of  the  acts 
of  1946,  is  hereby  amended  by  striking  out,  in  line  6,  the 


Acts,  1955. —  Chap.  644.  561 

word  "not"  and  inserting  in  place  thereof  the  word:  —  so,  Appointment. 
—  by  striking  out,  in  lines  7,  8  and  9,  the  words  "or  persons  certification, 
whose  name  or  names  appear  on  such  list  with  higher  rating 
than  the  name  of  the  person  so  appointed  or  promoted  "  and 
inserting  in  place  thereof  the  words :  —  so  appointed  or  pro- 
moted, —  and  by  striking  out  the  last  sentence  and  inserting 
in  place  thereof  the  f ollowmg  sentence :  —  Every  such  state- 
ment shall  be  filed  in  the  office  of  the  division  and  shall  be 
open  to  public  inspection. 

Section  10.    The  second  paragraph  of  section  3  of  said  ^j^-g^^Ts 
chapter  31,  as  appearing  in  chapter  702  of  the  acts  of  1945,  etc!, 'amended, 
is  herebj''  amended  by  striking  out  clause  (a)  and  inserting  in 
place  thereof  the  following  clause :  — 

(a)  Establishment  of  civil  service  classes  and  grades,  pro-  Rules, 
vided  that  for  employment  in  the  service  of  the  common- 
wealth such  classes  and  grades  shall  be  consistent,  so  far  as 
practicable,  with  specifications  established  by  section  forty- 
five  of  chapter  thirty. 

Section  11.     Section  75  of  chapter  152  of  the  General  gj^|J|'"- 
Laws  is  hereby  amended  by  striking  out  the  first  sentence,  §  75,'  etc.,' 
as  appearing  in  section  1  of  chapter  610  of  the  acts  of  1951,  »™ended. 
and  inserting  in  place  thereof  the  following  sentence :  — 
Every  board,  commission  and  department  of  the  common-  Agents  for 
wealth,  and  every  such  county,  city,  town  and  district  shall  benefitrdue. 
through  its  executive  officers  or  board,  designate  one  or  more 
persons,  as  it  may  deem  necessary,  to  act  as  its  agent  or 
agents  in  furnishing  the  benefits  due  under  sections  sixty-nine 
to  seventy-five,  inclusive. 

Section  12.  This  act  shall  take  effect  as  of  July  first, 
nineteen  hundred  and  fifty-five. 

Approved  August  9,  1955. 

An  Act  authorizing  the  department  of  mental  health  QJiar,  544 

TO  SELL  AND  CONVEY  CERTAIN  LAND  LOCATED  IN  THE 
TOWN  OF  FOXBOROUGH. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  427  of  the  acts  of  1953  is  hereby 
amended  by  striking  out  section  1  and  inserting  in  place 
thereof  the  following  section:  —  Section  1.  The  commis- 
sioner of  mental  health  in  the  name  and  on  behalf  of  the 
commonwealth,  is  hereby  authorized,  subject  to  the  ap- 
proval of  the  governor  and  council,  to  sell  and  convey  in 
consideration  of  its  fair  value,  to  be  determined  by  an  ap- 
praiser appointed  by  the  commissioner  of  administration,  to 
the  Lawrence  W.  Foster  Post  No.  93,  Inc.,  The  American 
Legion,  Department  of  Massachusetts,  Foxborough,  by  a 
deed  approved  as  to  form  by  the  attorney  general,  all  the 
right,  title  and  interest  of  the  commonwealth  in  and  to  the 
following  parcels  of  land  with  the  buildings  thereon,  located 
in  the  said  town  of  Foxborough :  — 

(1)  A  certain  parcel  of  land  shown  as  lots  98,  99  and 
100  on  Plan  of  "Fairlawn"  Foxborough,  recorded  in  Norfolk 


562  Acts,  1955. —Chap.  645. 

Registry  of  Deeds  in  plan  book  45,  plan  2121,  bounded  and 
described  as  follows :  —  northerly,  by  lot  97  on  said  plan, 
229.8  feet;  westerly,  by  Central  street,  78.30  feet;  easterly, 
by  lots  115,  116  and  117  on  said  plan,  85.20  feet;  and 
southerly  by  lot  101  on  said  plan,  254.2  feet. 

(2)  A  certain  parcel  of  land  shown  as  lots  113  to  122, 
both  inclusive,  on  said  plan,  bounded  and  described  as  fol- 
lows:—  northerly,  by  lot  112  on  said  plan;  easterly,  by 
Robinson  street,  shown  on  said  plan,  312.9  feet;  southerly, 
by  land  now  or  late  of  Freeman,  104.4  feet;  and  westerly 
by  lots  96  to  105,  on  said  plan,  284  feet. 

(3)  A  certain  parcel  of  land  shown  as  lots  125  to  140, 
both  inclusive,  on  said  plan,  bounded  and  described  as  fol- 
lows: —  northerly,  by  lot  124  on  said  plan,  105.5  feet;  east- 
erly by  land  of  New  York,  New  Haven  and  Hartford  Rail- 
road Company,  shown  on  said  plan,  481  feet;  southerly,  by 
land  of  Freeman,  135  feet;  and  westerly,  by  Robinson  street, 
so  called,  435  feet. 

Meaning  to  convey  that  portion  of  Robinson  street,  so 
called,  lying  westerly  of  lots  125  to  140,  inclusive,  together 
with  all  rights  and  privileges  in  the  streets  and  ways  shown 
on  said  plan  and  all  other  rights,  privileges  and  appurte- 
nances thereto  appertaining. 

Section  2.  Said  chapter  four  hundred  and  twenty-seven 
is  hereby  further  amended  by  striking  out  section  two. 

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

Approved  August  9,  1955. 

Chap. 64:5  An  Act  relative  to  the  rights  of  certain  county 

EMPLOYEES, 

prTambiT^  ^hcreas,  The  deferred  operation  of  this  act  would  tend  to 

defeat  its  purpose  which  is  to  provide  forthwith  that  certain 
county  employees  may  not  be  discharged  except  for  just 
cause  and  upon  a  hearing  and  with  a  right  of  appeal,  there- 
fore it  is  hereby  declared  to  be  an  emergency  law  necessary 
for  the  immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

EdViJl'si  Section  51  of  chapter  35  of  the  General  Laws,  as  most 
etc!, 'amended',  recently  amended  by  chapter  345  of  the  acts  of  1948, .is 
hereby  further  amended  by  adding  at  the  end  the  following 
three  paragraphs:  — 
c^ertain  county  Any  employee  subject  to  sections  forty-eight  to  fifty- 
may  not  be  six,  inclusive,  and  classified  in  the  clerical  group  who  has 
discharged,  Completed  at  least  ten  years  of  service  may  not  be  discharged 
etc.  from  such  employment  except  for  just  cause,  and  for  reasons 

specifically  given  him  in  writing  by  the  appointing  authority. 
Before  any  such  discharge  is  effected,  the  employee  shall  be 
given  a  full  hearing  before  the  appointing  authority,  of 
which  hearing  he  shall  have  at  least  three  days'  written 
notice,  exclusive  of  Sundays  and  holidays,  from  the  appoint- 
ing authority.    Within  two  days,  exclusive  of  Sundays  and 


Acts,  1955. —  Chap.  646.  563 

holidays,  after  completion  of  said  hearing,  the  appointing 
authority  shall  give  the  employee  affected  a  written  notice 
of  his  decision,  stating  fully  and  specifically  the  reasons 
therefor. 

If  within  five  days  after  receiving  written  notice  of  the 
decision  of  the  appointing  authority,  the  person  so  dis- 
charged shall  so  request  in  writing,  he  shall  be  given  a 
hearing  before  the  board.  Said  hearing  shall  be  commenced 
in  not  less  than  three  nor  more  than  ten  days,  and  shall  be 
completed  within  thirty  days  after  the  filing  of  such  request. 
The  decision  of  the  board  shall  be  in  writing  and  notice 
thereof  shall  be  sent  to  all  parties  concerned  within  ten  days 
after  completion  of  the  hearing.  If  the  board  finds  that  the 
action  of  the  appointing  authority  was  justified,  such  action 
shall  be  affirmed;  otherwise,  it  shall  be  reversed  and  the 
person  concerned  shall  be  returned  to  his  oflSce  or  position 
without  loss  of  compensation. 

Within  thirty  days  after  action  by  the  board  on  such  a 
hearing,  tlie  person  who  was  discharged  may,  if  said  action 
was  affirmed  by  the  board,  bring  a  petition  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  board  in  discharging 
him  may  be  reviewed  by  the  court,  and,  after  such  notice  to 
the  appointing  authority  and  the  board  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  board 
shall  be  affirmed;  otherwise  they  shall  be  reversed  and  the 
petitioner  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. 

Approved  August  9,  1955. 

An  Act  increasing  the  membership  of  the  board  of  Qfiar)  646 

REGISTRATION  OF  PROFESSIONAL  ENGINEERS  AND   OF  LAND 
SURVEYORS. 

Be  it  enacted,  etc.,  as  follows: 

Section  45  of  chapter  13  of  the  General  Laws,  inserted  by  g.  l.  (Ter. 
section  1  of  chapter  643  of  the  acts  of  1941,  is  hereby  amended  ^tc'^'am^ndtd 
by  striking  out  the  first  two  sentences  and  inserting  in  place 
thereof  the  four  following  sentences :  —  There  shall  be  a  Board  of 
board  of  registration  of  professional  engineers  and  of  land  of^pfo^fes'Jionai 
surveyors,  in  this  section  and  in  sections  forty -six  and  forty-  engineers  and 
seven,  called  the  board,  consisting  of  six  members,  citizens  ^'^   surveyors. 
of  the  United  States  and  residents  of  the  commonwealth, 
appointed  by  the  governor,  vnih  the  advice  and  consent  of 
the  council.    Of  the  members  of  said  board  one  shall  be  a  Members, 
civil  engineer,  one  shall  be  a  mechanical  engineer,  one  shall 
be  an  electrical  engineer,  one  shall  be  a  mining  or  metal- 
lurgical engineer,  one  shall  be  a  chemical  engineer  and  one 
shall  be  both  a  registered  civil  engineer  and  a  registered  land 


564 


Acts,  1955. —  Chap.  647. 


surveyor.  Each  member  of  the  board  except  the  member 
who  is  both  a  registered  civil  engineer  and  a  registered  land 
surv^eyor  shall  have  been  actively  engaged  in  the  practice 
of  engineering  for  at  least  twelve  years,  and  shall  have  been 
in  responsible  charge  of  important  engineering  work  or  in 
engineering  teaching,  or  both,  for  at  least  five  years.  The 
member  of  the  board  who  is  both  a  registered  civil  engineer 
and  a  registered  land  surveyor  shall  have  been  actively  and 
principally  engaged  in  the  practice  of  land  surveying  for  at 
least  twelve  years,  and  shall  have  been  in  responsible  charge 
of  land  surveying  work  for  at  least  five  years. 

Approved  August  9,  1955. 


Chap.Q4i7  An  Act  relative  to  the  revocation  of  hunting,  fishing 

AND   TRAPPING   LICENSES. 


G.  L.  (Ter. 
Ed.),  131, 
new  I  16A, 
added. 

Provisions  of 
section  sixteen 
not  to  apply 
to  certain 
holders  of 
sporting 
licenses. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  131  of  the  General  Laws  is  hereby  amended  by 
inserting  after  section  16  the  following  section:  —  Section 
16 A.  The  provisions  of  section  sixteen,  except  as  hereinafter 
pro\dded,  shall  not  apply  to  any  holder  of  a  sporting,  hunting, 
fishing  or  trapping  license  who  violates  section  six  in  that  he 
fails  to  carry  such  license  on  his  person  and  wear  it  in  a 
visible  manner  on  his  outer  clothing  while  fishing,  hunting  or 
trapping;  provided,  that  he  furnishes  definite  proof  to  the 
person  demanding  the  production  of  his  license  for  inspec- 
tion, as  authorized  in  said  section  six,  that  he  is  the  holder  of 
a  vahd  license.  In  the  event  that  a  holder  of  such  license 
fails  to  carry  it  on  his  person  and  wear  it  in  a  \'isible  manner, 
he  shall  for  his  first  offence  be  reported  to  the  director; 
upon  his  second  such  offence,  his  license  shall  be  surrendered 
and  shall  be  void  for  a  period  of  thirty  days,  after  which  it 
will  be  returned  to  him  by  the  director;  and  upon  a  subse- 
quent offence  his  license  shall  be  subject  to  the  provisions  of 
section  sixteen.  Approved  August  9,  1955. 


The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House  , 
Boston,  September  7,  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  XLVIII  of  the  Amend- 
ments to  the  Constitution,  the  Referendum,  II,  Emergency 
Measures,  hereby  declare  that  in  my  opinion  the  immediate 
preservation  of  the  public  peace,  health,  safety  and  con- 
venience requires  the  law  entitled  "An  Act  relative  to  the 
Revocation  of  Hunting,  Fishing  and  Trapping  Licenses" 
and  the  enactment  of  which  received  my  approval  August  9, 
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:  — 


Acts,  1955. —  Chaps.  648,  649.  565 

Postponent  of  the  operation  of  this  act  for  ninety  days 
would,  in  view  of  the  fact  that  the  hunting  season  in  this 
Commonwealth  opens  on  October  20,  make  those  partici- 
pating in  fishing,  sporting  or  hunting  under  license  subject  to 
certain  provisions  of  the  law  if  they  failed  to  display  their 
Ucenses  on  their  outer  garments  and  to  which  they  would  not 
be  subject  if  the  act  becomes  effective  immediately. 

Very  truly  yours, 

Christian  A.  Herter, 
Governor  of  the  Commonwealth. 

Office  of  the  Secretary.  Boston,  September  7.  1955. 

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  three  o'clock  and 
eighteen  minutes,  p.m.,  on  the  above  date,  and  in  accordance 
with  Article  Forty-eight  of  the  Amendments  to  the  Con- 
stitution said  chapter  takes  effect  forthwith,  being  chapter 
six  hundred  and  forty-seven  of  the  acts  of  nineteen  hundred 
and  fifty-five. 

Leo  M.  Harlow, 

Deputy  Secretary  of  the  Commonwealth. 


ChapMS 


An    Act    validating    certain    acts    of    the    town    of 
williamstown. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  action  of  the  town  of  Williamstown  in 
incurring  liabilities  to  the  American  Tar  and  Asphalt  Com- 
pany amounting  to  three  thousand  eight  hundred  and 
fifty-eight  dollars  and  ninety-three  cents,  and  to  H.  D. 
Moore  amounting  to  four  thousand  one  hundred  and  forty- 
five  dollars  and  ninety-four  cents,  is  hereby  validated  and 
confirmed,  notwithstanding  the  failure  of  the  town  to  comply 
with  the  requirements  of  section  four  B  of  chapter  forty  of 
the  General  Laws,  and  said  town  is  hereby  authorized  to  pay 
said  liabilities  from  an  appropriation  available  therefor. 

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

Approved  August  9,  1955. 

An  Act  relative  to  assessment  systems  in  cities  and 

TOWNS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  58  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
inserting  after  section  7  the  five  following  sections,  under  |§^7a,-7e''^* 
the  caption  State  Assessment  System:  —  Section  7 A.  Any  added, 
city  having  a  plan  D  or  plan  E  charter  by  the  affirmative  state 
vote  of  a  majority  of  all  the  members  of  its  city  council,  any  g*^^^®"* 
other  city  by  vote  of  its  city  council  subject  to  the  provisions 
of  its  charter,  and  any  town,  by  vote  of  an  annual  town  meet- 
ing, may  petition  the  commission  for  the  installation  of  an 


ChapM9 


566 


Acts,  1955. —  Chap.  650. 


Certain  cities 
and  towns 
may  petition 
for  assessment 
system. 


Commission 
shall  assist 
assessors,  etc. 


Commission 
may  supply 
cities  and 
towns  certain 
materials 
to  effect 
assessment 
system. 


Acceptance  of 
system  by 
commission. 


Expenses  to 
be  paid  by 
common- 
wealth. 


assessment  system.  Said  commission  shall,  as  soon  as  possi- 
ble after  the  receipt  of  such  petition,  cause  such  assessment 
system  to  be  installed  and  the  assessor  or  assessors  of  such 
city  or  town  shall,  unless  such  vote  is  in  like  manner  rescinded, 
thereafter  conform  with  the  provisions  thereof. 

Section  7B.  Whenever,  after  such  assessment  system  has 
been  installed,  the  assessor  or  assessors  of  a  city  or  town  re- 
quests the  advice  or  assistance  of  the  commission,  it  shall 
render  such  assistance  as  in  its  judgment  may  be  necessary. 

Section  7C.  Assessment  systems  installed  in  accordance 
with  this  chapter  shall  be  such  as  will,  in  the  judgment  of  the 
commission,  be  most  effective  in  providing  adequate  maps  for 
assessment  purposes,  in  maintaining  detailed  and  accurate 
records  of  each  parcel  of  property  assessed  and,  generally, 
in  producing  uniform  and  equitable  valuations  and  assess- 
ments throughout  the  city  or  town  in  accordance  with  law. 
The  commission  may  supply  approximately  at  cost  to  cities 
and  towns  where  such  assessment  systems  have  been  in- 
stalled such  maps,  forms,  books,  instructional  materials  and 
supplies  as  may  be  required  at  the  time  of  the  original  in- 
stallation and  from  time  to  time  thereafter. 

Section  7D.  Whenever  a  city  or  town  causes  an  assess- 
ment system  to  be  installed  by  a  person  of  its  own  selection 
and,  by  vote  of  its  city  council  as  prescribed  in  section 
seven  A  or  a  town  meeting  requests  the  commission  to  ac- 
cept such  system  in  lieu  of  a  system  installed  by  it,  the  com- 
mission may,  in  its  discretion,  accept  the  system  so  installed 
and  thereafter  it  shall  furnish  such  advice  and  assistance  as 
may  be  requested  of  it  in  accordance  with  section  seven  C. 

Section  7E.  The  expenses  incurred  under  sections  seven  A 
to  seven  D,  inclusive,  shall  be  paid  primarily  by  the  com- 
monwealth; and  the  state  treasurer  shall  issue  his  warrant 
requiring  the  assessors  of  the  cities  and  towns  concerned  to 
assess  a  tax  to  the  amount  of  said  expense,  and  such  amounts 
shall  be  collected  and  paid  to  the  state  treasurer  as  provided 
by  section  twenty  of  chapter  fifty-nine.  Any  balance  due 
shall  be  assessed,  collected  and  paid  in  the  succeeding  years 
in  hke  manner.  Approved  August  9,  1955. 


Chap.Q50  An  Act  establishing  a  department  of  engineering  and 

BOARD  OF  engineering  IN  THE  CITY  OF  NORTHAMPTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  shall  be  in  the  city  of  Northampton 
a  board  of  engineers  which  shall  consist  of  the  mayor,  who 
will  act  as  chairman,  the  chairman  of  the  board  of  public 
works,  the  chairman  of  the  board  of  sewer  commissioners, 
the  chairman  of  the  board  of  water  commissioners,  the  chair- 
man of  the  planning  board,  the  chairman  of  the  board  of 
assessors,  or  any  board  member  authorized  to  act  for  and 
in  behalf  of  the  chairman  of  any  of  the  respective  boards. 
The  city  engineer  and  the  superintendents  of  the  respective 
boards  shall  attend  all  meetings  of  the  board  of  engineering, 
but  shall  act  only  in  an  advisory  capacity.     The  city  en- 


Acts,  1955. —  Chap.  650.  567 

gineer  shall  act  as  clerk  of  said  board  without  compensation 
for  his  services  as  clerk. 

Section  2.  The  board  of  engineers  shall  co-ordinate  the 
work  of  the  board  of  public  works,  water  board,  sewer  board, 
the  planning  board  and  the  board  of  assessors.  The  said 
board  shall  establish  for  each  fiscal  year  a  master  plan  for 
all  public  works  for  the  city  of  Northampton,  giving  priority 
to  projects  in  accordance  with  their  necessity  and  impor- 
tance. All  departments  of  public  works  working  under  said 
plan  shall  follow  the  same  and  shall  not  deviate  therefrom 
without  first  obtaining  the  approval  of  said  board. 

Section  3.  There  is  hereby  established  in  said  city  a  der 
partment  of  engineering  which  shall  be  under  the  direction 
and  control  of  an  administrative  officer  titled  the  city  en- 
gineer, who  shall  be  appointed  by  the  mayor  with  the  con- 
firmation of  the  board  of  aldermen,  subject  to  the  provisions 
of  chapter  thirty-one  of  the  General  Laws. 

Section  4.  Acting  under  the  general  direction  of  the 
board  of  engineers,  the  city  engineer  shall  have  sole  charge 
and  control  of  and  shall  perform  all  the  engineering  work  for 
the  city,  and  shall  be  responsible  for  cariying  out  all  engi- 
neering details  of  the  master  plan.  He  shall  make  and  prepare, 
or  cause  to  be  made,  all  needed  specifications  and  plans  de- 
scribing and  governing  the  work  of  constructing  all  sewers, 
storm  drains,  streets  and  sidewalks,  and  other  public  works, 
except  the  water  works,  and  shall  have  full  authority  to  see 
that  plans  are  properly  executed.  He  shall,  at  the  request 
of  the  board  of  water  commissioners,  perform  all  such  serv- 
ices respecting  the  water  works  of  the  city  as  are  proper  for 
a  civil  engineer  to  perform.  He  shall  make,  or  cause  to  be 
made,  all  surveys  and  prepare  all  plans  required  by  the 
board  of  assessors  for  use  as  tax  maps,  and  all  surveys  and 
plans  required  by  the  city  property  committee  and  any  other 
department,  board  or  committee.  He  shall  perform  all  traf- 
fic engineering  and  make  all  surveys  and  studies  required 
by  the  traffic  and  transportation  committee  of  the  city  of 
Northampton.  He  shall  meet  at  least  once  in  every  two 
months  with  the  board  of  engineers  and  shall  give  a  report 
to  said  board  of  the  progress  of  the  various  departments  in 
carrying  out  the  master  plan. 

Section  5.  The  board  of  engineers  shall  appoint  an  assist- 
ant city  engineer  and  such  other  engineering  employees  under 
civil  service  rules  and  regulations  as  may  be  required.  The 
compensation  of  the  city  engineer  and  all  other  employees 
of  the  department  of  engineering  shall  be  fixed  by  the  mayor, 
on  recommendation  of  the  board  of  engineering,  with  the 
approval  of  the  city  council.  A  classification  for  the  en- 
gineering department  shall  be  incorporated  under  chapter 
twenty-eight  of  the  Revised  Ordmances  of  the  city  of 
Northampton. 

Section  6.  All  acts  and  amendments,  or  parts  thereof, 
statutes,  or  ordinances  of  the  city  of  Northampton  as  are 
inconsistent  with  this  act  are  hereby  repealed. 


568 


Acts,  1955. —  Chap.  651. 


Section  7.  All  persons  employed  in  the  engineering  sec- 
tion of  the  board  of  public  works  on  the  effective  date  of 
this  act  shall  be  transferred  to  the  department  of  engineer- 
ing, established  under  section  three  of  this  act. 

Section  8.  Upon  recommendation  of  the  engineering 
board,  the  city  council  may  from  time  to  time  make  by-laws 
or  ordinances  adding  to  the  duties  and  powers  of  the  city 
engineer. 

Section  9.  This  act  shall  take  effect  upon  its  acceptance 
by  the  city  council  of  the  said  city  of  Northampton,  but  not 
otherwise.  Approved  August  9,  1956. 


Chap.Q51  An  Act  authorizing  the  installation  in  registries  of 

DEEDS    OF   METERING   MACHINES    FOR   THE    SALE    OF   DOCU- 
MENTARY  EXCISE    STAMPS. 


G.  L.  (Ter. 
Ed.),  64D.  §  3, 
etc.,  amended. 


Sale  of  docu- 
mentary excise 
stamps  by 
metering 
machines  au- 
thorized in 
certain  regis- 
tries of  deeds. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  3  of  chapter  64D  of  the  General 
Laws,  as  appearing  in  section  1  of  chapter  710  of  the  acts  of 
1951,  is  hereby  amended  by  adding  at  the  end  the  following 
five  paragraphs :  — 

The  commissioner  may  cause  to  be  installed  in  any  registry 
of  deeds  one  or  more  metering  machines,  so  called,  through 
which  said  adhesive  stamps  can  be  sold  and  may  remove 
any  such  machine  if  he  deems  it  expedient.  Upon  the  in- 
stallation of  such  a  metering  machine  or  machines  the 
register  of  deeds  of  said  registry  shall  sell  stamps  from  said 
metering  machines  to  persons  requiring  the  same  for  affixa- 
tion to  instruments  in  accordance  ^ath  the  provisions  of  this 
chapter. 

Each  register  of  deeds  shall  on  or  before  the  tenth  day  of 
each  month  account  to  the  commissioner  on  a  form  pre- 
scribed and  furnished  by  him  for  all  sales  made  by  said 
register  during  the  preceding  calendar  month  and  shall  turn 
over  to  the  commissioner  all  moneys  received  from  said  sales, 
less  any  adjustments  approved  by  him. 

The  machines  shall,  upon  installation,  be  sealed  by  the 
commissioner,  and  he  or  his  duly  appointed  agent  or  agents 
shall  take  readings  of  the  said  machines  at  such  times  and  in 
such  manner  as  he  shall  direct. 

Each  register  of  deeds,  in  whose  registry  there  has  been  in- 
stalled a  metering  machine,  shall  give  to  the  commissioner  a 
bond,  in  a  penal  sum  and  with  sureties  approved  by  the  com- 
missioner, conditioned  satisfactorily  to  account  for  money 
received  by  said  register  in  his  ofiicial  capacity  from  the  sale 
of  said  stamps.  The  premium  for  such  bond  shall  be  paid  by 
the  state  treasurer  without  appropriation  therefor  upon 
certification  by  the  commissioner. 

The  provisions  of  sections  three  A  and  three  B  shall  not 
be  applicable  to  any  registry  of  deeds  during  the  period 
within  which  a  metering  machine  is  installed  therein. 

Section  2.  Section  2  of  said  chapter  64D,  as  so  appear- 
ing, is  hereby  amended  by  inserting  after  the  first  sentence 


Acts,  1955. —  Chaps.  652,  653.  569 

the  following  sentence:  —  The  word  "person"  shall,  for  the 
purposes  of  this  chapter  only,  include  political  subdivisions 
of  the  commonwealth.  Approved  August  9,  1955. 

An  Act  to  give  further  control  to  licensing  authori-  Chav.Q52 

TIES  OVER  LICENSES  TO  SELL  AND  SERVE  ALCOHOLIC 
BEVERAGES    IN   THE    COMMONWEALTH. 

Be  it  enacted,  etc.,  as  follows: 

Section  23  of  chapter  138  of  the  General  Laws,  as  most  re-  g.  l.  (Ter. 
cently  amended  by  section  12  of  chapter  542  of  the  acts  of  ^toi.^'amfnled^' 
1943,  is  hereby  further  amended  by  adding  at  the  end  the 
following  paragraph :  — 

No  license  shall  be  issued,  renewed  or  transferred  under  Disclosure  of 
sections  twelve,  fourteen,  fifteen  or  thirty  A  unless  there  is  Eave°beMficiai 
filed  with  the  application  for  such  license  a  sworn  statement  interest  in 
by  the  appUcant  or  in  case  of  a  corporation  by  a  duly  author-     ^^  ' 
ized  officer  thereof  giving  the  names  and  addresses  of  all 
persons  who  have  a  direct  or  indirect  beneficial  interest  in 
said  license.    No  stock  in  a  corporation  holding  a  license  to 
sell  alcoholic  beverages  shall  be  transferred,  pledged  or  issued 
without  first  obtaining  the  permission  of  the  local  licensing 
authority.    The  provisions  of  this  paragraph  shall  not  apply 
to  stockholders  of  a  corporation  whose  stock  is  hsted  for  sale 
to  the  general  public  with  the  Securities  and  Exchange  Com- 
mission and  who  hold  less  than  ten  per  cent  of  the  outstanding 
stock  entitled  to  vote  at  the  annual  meeting  of  the  said 
corporation.    Failure  to  comply  with  the  provisions  of  this 
paragraph  shall  be  cause  for  the  suspension  or  revocation 
of  such  hcense.  Approved  August  9,  1955. 

An    Act    authorizing    the    Massachusetts    turnpike  Chap.QdS 

AUTHORITY  TO  ESTABLISH  PENALTIES  FOR  VIOLATION  OF 
ITS  RULES  AND  REGULATIONS  AND  PROVIDING  FOR  THE 
REGULATION    OF   TRAFFIC    ON    SAID   TURNPIKE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  5  of  chapter  354  of  the  acts  of  1952 
is  hereby  amended  by  striking  out  paragraph  (z)  and  in- 
serting in  place  thereof  the  following  paragraph :  — 

(t)  To  establish  rules  and  regulations  for  the  use  of  the 
turnpike  not  repugnant  to  the  provisions  of  the  General 
Laws  made  applicable  thereto  by  section  fifteen,  and  to 
provide  penalties  for  the  violation  of  said  rules  and  regula- 
tions not  exceeding  fifty  dollars  for  each  offence,  which  may 
be  recovered  by  indictment  or  by  complaint  before  a  district 
court  and  shall  be  accounted  for  and  paid  to  the  Authority; 

Section  2.  Section  15  of  said  chapter  354  of  the  acts  of 
1952  is  hereby  amended  by  inserting  after  the  fourth  para- 
graph the  following  paragraph :  — 

Until  the  turnpike  shall  have  become  a  part  of  the  state 
highway  system,  it  shall  be  deemed  to  be  a  way  within  the 
meaning  and  purport  of  sections  two,  four  A,  four  B  and  five 


570 


Acts,  1955. —  Chap.  654. 


of  chapter  eighty-nine  of  the  General  Laws,  and  sections 
three  A,  three  B,  three  C,  six,  seven, 'nine,  ten,  eleven, 
twelve,  thirteen,  fourteen,  fourteen  B,  sixteen,  the  first 
sentence  of  section  seventeen,  sections  twenty  and  twenty  A, 
the  first  sentence  of  section  twenty-one,  sections  twenty- 
three,  twenty-four,  twenty-five  and  twenty-six  of  chapter 
ninety  of  the  General  Laws.    Approved  August  9,  1965. 


C hap. Q54i         An  Act  relative  to  urban  renewal  projects. 
Be  it  enacted,  etc.,  asfolloivs: 


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


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


Housing  Au- 
thority Law. 


G.  L.  (Ter. 
Ed.),  121, 
§  26J,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  121, 
§  26WW, 
stricken  out 
and  new 
§§26  ■W^W- 
26ZZ,  26AAA- 
26CCC, 
added. 

Urban  renewal 
projects, 
necessity  of. 


Section  L  Section  26  of  chapter  121  of  the  General 
Laws  is  hereby  amended  by  striking  out  the  two  paragraphs 
added  by  section  2  of  chapter  643  of  the  acts  of  1954. 

Section  2.  Said  chapter  121  is  hereby  further  amended 
by  striking  out  section  261,  as  most  recently  amended  by 
section  2  of  chapter  668  of  the  acts  of  1953,  and  inserting  in 
place  thereof  the  following  section :  —  Section  261.  Designa- 
tion as  Housing  Authority  Law.  —  This  section  and  the  forty- 
six  following  sections  shall  be  known  and  may  be  cited  as 
the  Housing  Authority  Law. 

Section  3.  Section  26 J  of  said  chapter  121,  as  appearing 
in  section  1  of  chapter  574  of  the  acts  of  1946,  is  hereby 
amended  by  striking  out,  in  line  3,  as  amended  by  section  3 
of  said  chapter  668,  the  letters  "VV"  and  inserting  in  place 
thereof  the  letters:  —  BBB. 

Section  4.  Said  chapter  121  is  hereby  further  amended 
by  striking  out  section  26WW,  inserted  by  section  1  of  said 
chapter  668,  and  inserting  in  place  thereof  the  following:  — 
Part  VIIL  Urban  Renewal  Projects.  Section  2GWW. 
Legislative  Declaration  of  Necessity.  It  is  hereby  declared  (a) 
that  there  exists  in  certain  cities  and  towns  in  this  common- 
wealth substandard,  decadent  or  blighted  open  areas  which 
constitute  a  serious  and  growing  menace,  injurious  to  the 
public  health,  safety,  morals  and  welfare  of  the  residents 
of  the  commonwealth,  and  the  declarations  heretofore  made 
in  the  housing  authority  law  with  respect  to  such  areas  are 
hereby  reaffirmed;  {h)  that,  while  certain  of  such  areas,  or 
portions  thereof,  may  require  acquisition  and  clearance  as 
provided  in  other  parts  of  the  housing  authority  law  because 
the  state  of  deterioration  may  make  impracticable  the  recla- 
mation of  such  areas  or  portions  by  conservation  or  rehabili- 
tation, others  of  such  areas,  or  portions  thereof,  are  in  such 
condition  that  they  may,  through  the  means  pro\'ided  in 
sections  twenty-six  XX  to  twenty-six  BBB,  inclusive,  be 
conserved  or  rehabilitated  in  such  a  manner  that  the  condi- 
tions and  evils  hereinbefore  enumerated  may  be  alleviated 
or  eliminated ;  and  (c)  all  powers  conferred  by  said  sections 
twenty-six  XX  to  twenty-six  BBB,  inclusive,  are  for  public 
uses  and  purposes  for  which  public  money  may  be  expended 
and  said  powers  exercised;  and  the  necessity  in  the  public 
interest  for  the  provisions  of  said  sections  twenty-six  XX  to 


Acts,  1955.  — Chap.  654.  571 

twenty-six  BBB,  inclusive,  is  hereby  declared  as  a  matter  of 
legislative  determination. 

Section  26XX.     Initiation  of  Urban  Reneioal  Program.  —  initiation 
Sections  twenty-six  YY  to  twenty-six  BBB,  inclusive,  shall  °Jn"^^af 
not  take  effect  or  be  operative  in  any  citj''  or  town  until,  in  program. 
the  case  of  a  city  having  a  Plan  D  or  Plan  E  charter,  the 
city  manager  with  the  approval  of  the  city  council,  in  the  case 
of  any  other  city,  the  mayor  with  the  approval  of  the  city 
council,  and  in  the  case  of  a  town,  an  annual  or  special  town 
meeting,  shall  have  determined  that  there  exists  in  such  city 
or  town  the  need  for  an  urban  renewal  program  or  programs 
therein. 

Section  26YY.  Urban  Renewal  Projects.  —  Urban  renewal  J^^^^g^j 
projects  shall  be  planned,  undertaken  and  carried  out  in  a  projects, 
cit}''  or  town  by  the  redevelopment  authority  thereof,  if  such 
an  authority  has  been  organized,  otherwise  by  the  housing 
authority  thereof.  Urban  renewal  projects  may  include  un- 
dertakings and  activities  for  the  elimination  (and  for  the 
prevention  of  the  development  or  spread)  of  substandard, 
decadent  or  blighted  open  areas,  and  may  involve  any  work 
or  undertaking  for  such  purpose  constituting  a  land  assembly 
and  redevelopment  project  or  any  rehabilitation  or  conserva- 
tion work  or  any  combination  of  such  undertaking  or  work. 
As  used  in  sections  twenty-six  XX  to  twenty-six  BBB,  in- 
clusive, "rehabilitation  or  conservation  work"  may  include 
the  restoration  and  renewal  of  a  substandard,  decadent  or 
blighted  open  area,  or  portion  thereof,  in  accordance  with 
an  urban  renewal  plan  by  (1)  carrying  out  plans  for  a  pro- 
gram of  voluntary  repair  and  rehabilitation  of  buildings  or 
other  improvements;  (2)  acquisition  by  gift  or  purchase  or 
by  eminent  domain  of  real  property  and  demolition,  removal 
or  rehabilitation  of  buildings  and  improvements  thereon 
where  necessary  to  eliminate  unhealthful,  unsanitary  or  un- 
safe conditions,  lessen  density,  mitigate  or  eliminate  traffic 
congestion,  reduce  traffic  hazards,  eliminate  obsolete  or  other 
uses  detrimental  to  the  public  welfare,  or  to  otherwise  remove 
or  prevent  the  spread  of  blight  or  deterioration,  or  to  pro- 
vide land  for  needed  public  facihties;  (3)  installation,  con- 
struction or  reconstruction  of  streets,  utilities,  parks,  play- 
grounds and  other  improvements  necessary  for  carrying  out 
the  objectives  of  the  urban  renewal  project;  and  (4)  the 
disposition,  for  uses  in  accordance  with  the  objectives  of  the 
urban  renewal  project,  of  any  property  or  part  thereof  ac- 
quired in  the  area  of  such  project;  provided,  that  such  dis- 
position shall  be  in  the  manner  prescribed  in  the  housing 
authority  law  for  the  disposition  of  property  in  a  land  as- 
sembly and  redevelopment  project  area. 

Section  26ZZ.     Urban  Renewal  Plan.  —  Any  urban  re-  urban  re- 
newal project  undertaken  pursuant  to  the  preceding  section  "*^"'*'  ^^^^' 
shall  be  undertaken  in  accordance  with  an  urban  renewal 
plan  for  the  area  of  the  project.    As  used  in  sections  twenty- 
six  YY  to  twenty-six  BBB,  inclusive,  an  "urban  renewal 
plan"  shall  be  construed  to  mean  a  plan,  as  it  exists  from 


572  Acts,  1955.  — Chap.  654. 

time  to  time,  for  an  urban  renewal  project,  which  plan 
(1)  shall  conform  to  the  general  plan  for  the  municipality 
as  a  whole,  and  (2)  shall  be  sufficiently  complete  to  indicate 
such  land  acquisition,  demolition  and  removal  of  structures, 
redevelopment,  improvements  and  rehabilitation  as  may  be 
proposed  to  be  carried  out  in  the  area  of  the  urban  renewal 
project,  zoning  and  planning  changes,  if  any,  land  uses, 
maximum  densities,  building  requirements,  and  the  plan's 
relationship  to  definite  local  objectives  respecting  appro- 
priate land  uses,  improved  traffic,  public  transportation, 
public  utilities,  recreational  and  community  facilities,  and 
other  public  improvements.  No  urban  renewal  project 
shall  be  undertaken  until  the  urban  renewal  plan  therefor 
has  been  submitted  to,  and  approved  by,  the  housing  board ; 
and  no  urban  renewal  plan  shall  be  submitted  to  the  housing 
board  unless  the  same  has  been  approved  by  the  city  mana- 
ger with  the  approval  of  the  city  council  in  the  case  of  a  city 
having  a  Plan  D  or  Plan  E  charter,  in  the  case  of  any  other 
city,  by  the  mayor  with  the  approval  of  the  city  council  or 
the  selectmen  of  a  town  after  due  notice  and  a  public  hear- 
ing. 

The  housing  board  shall  not  approve  any  urban  renewal 
plan  unless  the  planning  board  established  under  the  pro- 
visions of  section  seventy  or  eighty-one  A  of  chapter  forty- 
one  for  the  city  or  town  where  the  project  is  located,  shall 
have  found  and  the  housing  board  shall  have  concurred  in 
such  finding,  or,  if  no  planning  board  exists  in  such  city  or 
town,  unless  the  division  of  planning  in  the  department  of 
commerce  shall  have  found  and  the  housing  board  shall  have 
concurred  in  such  finding  that  the  urban  renewal  plan  is 
based  upon  a  local  survey  and  conforms  to  a  comprehensive 
plan  for  the  locality  as  a  whole.  The  housing  board  shall 
likewise  not  approve  any  urban  renewal  plan  unless  it  shall 
have  found  (a)  the  project  area  would  not  by  private  enter- 
prise alone,  and  without  the  aid  sought  from  the  federal  gov- 
ernment or  other  subsidy,  be  made  available  for  urban  re- 
newal ;  (6)  the  proposed  land  uses  and  building  requirements 
in  the  project  areas  in  the  locahty  where  the  project  area 
is  located  will  afford  maximum  opportunity  to  privately 
financed  urban  renewal  consistent  with  the  sound  needs  of 
the  locality  as  a  whole;  (c)  the  financial  plan  is  sound; 
(d)  the  project  area  is  a  substandard,  decadent  or  blighted 
open  area ;  and  (e)  the  urban  renewal  plan  is  sufficiently  com- 
plete, as  required  by  this  section.  The  housing  board  shall, 
within  thirty  days  after  submission  of  the  plan,  give  written 
notice  to  the  redevelopment  or  housing  authority  of  its  de- 
cision \vith  respect  to  such  plan.  If  the  housing  board  shall 
disapprove  any  such  plan,  it  shall  state  in  writing  in  such 
notice  its  reasons  for  disapproval.  A  plan  which  has  not  been 
approved  by  the  housing  board  when  submitted  to  it  may 
be  again  submitted  to  it  with  such  modifications  as  are  neces- 
sary to  meet  its  objections. 

Anything  in  this  section  to  the  contrary  notwithstanding. 


Acts,  1955. —  Chap.  654.  573 

when  the  location  of  a  proposed  urban  renewal  project  has 
been  determined,  the  redevelopment  or  housing  authority 
may,  without  awaiting  the  approval  of  the  housing  board, 
proceed,  by  option  or  otherwise,  to  obtain  control  of  such 
property  within  the  urban  renewal  project  area  as  is  neces- 
sary to  be  acquired  by  the  redevelopment  or  housing  author- 
ity to  carry  out  the  urban  renewal  plan;  but  it  shall  not, 
without  the  approval  of  the  housing  board,  unconditionally 
obligate  itself  to  purchase  or  otherwise  acquire  any  such 
property. 

Section  26 A  A  A.  Powers  with  Respect  to  Urban  Renewal.  —  Powers  regard- 
A  redevelopment  or  housing  authority  proceeding  under  sec-  renewah" 
tions  twenty-six  YY  to  twenty-six  BBB,  inclusive,  shall  have 
all  the  powers  necessary  or  convenient  to  undertake  and 
carry  out  urban  renewal  plans  and  urban  renewal  projects, 
mcluding  power  to  acquire  and  dispose  of  property,  to  issue 
bonds  and  other  obligations,  to  borrow  and  accept  grants 
from  the  federal  government  or  other  sources,  and  to  exer- 
cise the  other  powers  which  the  housing  authority  law  con- 
fers on  a  housing  or  redevelopment  authority  with  respect  to 
land  assembly  and  redevelopment  projects;  provided,  how- 
ever, that  nothing  herein  contained  shall  in  any  way  impair 
or  limit  the  power  or  authority  of  any  state  or  municipal 
officer,  board  or  commission  with  respect  to  the  enforcement 
of  any  law,  ordinance,  by-law  or  regulation.  In  connection 
with  the  planning  and  undertaking  of  any  urban  renewal 
plan  or  urban  renewal  project,  the  redevelopment  or  housing 
authority  and  the  city  or  town  and  all  public  and  private 
officers,  agencies  and  bodies  shall  have  all  the  rights,  powers, 
pri\'ileges  and  immunities  which  they  have  with  respect  to  a 
land  assembly  and  redevelopment  plan  or  a  land  assembly 
and  redevelopment  project,  in  the  same  manner  as  though 
all  of  the  provisions  of  the  housing  authority  law  applicable 
to  a  land  assembly  and  redevelopment  plan  or  a  land  assem- 
bly and  redevelopment  project  were  applicable  to  an  urban 
renewal  plan  or  urban  renewal  project;  provided,  that  for 
such  purpose  the  words  "land  assembly  and  redevelop- 
ment" as  used  in  the  housing  authority  law,  except  in  sec- 
tion twenty-six  J,  shall  be  construed  to  include  "urban  re- 
newal". In  addition  to  the  surveys  and  plans  which  an 
authority  is  otherwise  authorized  to  make,  a  redevelopment 
or  housing  authority  is  hereby  specifically  authorized  to  make 
(i)  plans  for  carrying  out  a  program  of  voluntary  repair  and 
rehabihtation  of  buildings  and  improvements,  and  (ii)  plans 
for  the  enforcement  of  laws,  codes  and  regulations  relating 
to  the  use  of  land  and  the  use  and  occupancy  of  buildings 
and  improvements,  and  to  the  compulsory  repair,  rehabili- 
tation, demolition  or  removal  of  buildings  and  improvements. 
Such  authority  is  further  authorized  to  develop,  test  and  re- 
port methods  and  techniques,  and  carry  out  demonstrations 
for  the  prevention  and  the  elimination  of  slums  and  urban 
blight. 

Section  26BBB.      Assistance    to    Urban    Renewal.  —  Any  Assistance  to 

urban  renewal. 


574 


Acts,  1955. —  Chap.  654. 


city  or  town  or  other  public  body  is  hereby  authorized, 
without  hmiting  any  provision  in  section  twenty-six  AAA, 
to  do  any  and  all  things  necessary  to  aid  and  co-operate  in 
the  planning  and  undertaking  of  an  urban  renewal  project 
in  the  area  in  which  such  city  or  town  or  public  body  is 
authorized  to  act,  including  the  furnishing  of  such  financial 
and  other  assistance  as  the  city  or  town  or  public  body  is 
authorized  by  the  housing  authority  law  to  furnish  for  or  in 
connection  with  a  land  assembly  and  redevelopment  plan 
or  project,  A  redevelopment  or  housing  authority  is  hereby 
authorized  to  delegate  to  a  city  or  town  or  other  public 
body  or  to  any  board  or  officer  of  such  city,  town  or  other 
pubhc  body  any  of  the  powers  or  functions  of  the  authority 
with  respect  to  the  planning  or  undertaking  of  an  urban 
renewal  project  in  the  area  in  which  such  city,  town  or  other 
public  body  is  authorized  to  act,  and  such  city,  town  or 
other  public  body  or  any  board  or  officer  of  such  city,  town 
or  other  pubhc  body  is  hereby  authorized  to  carry  out  or 
perform  such  powers  or  functions  for  the  authority.  Any 
public  body  is  hereby  authorized  to  enter  into  agreements, 
which  may  extend  over  any  period,  notwithstanding  any 
provision  or  rule  of  law  to  the  contrary,  with  any  other 
public  body  or  bodies  respecting  action  to  be  taken  pursuant 
to  any  of  the  powers  granted  by  sections  twenty-six  YY  to 
twenty-six  BBB,  inclusive,  including  the  furnishing  of  funds 
or  other  assistance  in  connection  with  an  urban  renewal 
plan  or  urban  renewal  project. 

A  redevelopment  or  housing  authority,  to  the  greatest 
extent  it  determines  to  be  feasible  in  carrying  out  the  provi- 
sions of  sections  twenty-six  YY  to  twenty-six  BBB,  inclu- 
sive, shall  afford  maximum  opportunity,  consistent  with  the 
sound  needs  of  the  city  or  town  as  a  whole,  for  the  rehabihta- 
tion  or  redevelopment  of  substandard,  decadent  or  blighted 
open  areas  by  private  enterprise. 


Separability 
of  provisions. 


G.  L.  (Ter. 
Ed.),  121A, 
§  7A,  etc., 
amended. 


Part  IX.    Effect  of  Partial  Invalidity. 

Section  26CCC.  Separahiliiy  of  Provisions.  —  The  pro- 
visions of  sections  twenty-six  I  to  twenty-six  BBB,  inclusive, 
are  hereby  declared  to  be  severable  and  if  any  such  provision 
or  the  application  of  such  provision  to  any  person  or  cir- 
cumstances shall  be  held  to  be  invalid  or  unconstitutional, 
such  invaUdity  or  unconstitutionality  shall  not  be  construed 
to  affect  the  validity  or  constitutionality  of  any  of  the  re- 
maining provisions  of  said  sections  or  the  appHcation  of 
such  provisions  to  persons  or  circumstances  other  than 
those  as  to  which  it  is  held  invalid.  It  is  hereby  declared  to 
be  the  legislative  intent  that  said  sections  would  have  been 
adopted  had  such  invalid  or  unconstitutional  provisions  not 
been  included  therein. 

Section  4A.  Section  7A  of  chapter  121A  ^f  the  General 
Laws,  inserted  by  section  3  of  chapter  57-^  '  9  acts  of 
1946,  is  hereby  amended  by  striking  out  t.  sentence 


Acts,  1955. —  Chaps.  655,  656.  575 

and  inserting  in  place  thereof  the  following  sentence :  —  A  ;!^rta/n  sites°^ 
corporation  organized  under  section  three  or  an  insurance  fro"'  housing 

^  •  1  1  c  •  1  1  J.      authorities. 

company  or  a  savings  bank  or  group  oi  savings  banks  operat- 
ing under  this  chapter  may  purchase  or  lease  from  a  housing 
authority,  redevelopment  authority,  municipality  or  other 
pubUc  body  real  estate  acquired  by  such  authority,  munici- 
pality or  public  body  for  land  assembly  and  redevelopment 
or  urban  renewal  purposes  under  chapter  one  hundred  and 
twenty-one,  upon  such  terms  and  conditions,  consistent 
with  this  chapter,  as  shall  be  approved  by  the  housing 
board  and  may  erect  and  maintain  a  project  upon  the  land 
so  acquired. 

Section  5.  The  provisions  of  this  act  shall  be  construed 
to  be  in  addition  to  and  supplementary  of  the  powers  con- 
ferred by  other  provisions  of  the  law,  including  other  pro- 
visions of  the  housing  authority  law;  and  nothing  in  this 
act  shall  be  construed  to  limit  the  power  of  housing  au- 
thorities or  redevelopment  authorities  to  carry  out  low  rent 
housing  projects  or  land  assembly  and  redevelopment  proj- 
ects pursuant  to  any  provision  of  the  housing  authority  law. 

Approved  August  9,  1955. 


An  Act  authorizing  and  directing  the  metropolitan  Chap.Q55 

DISTRICT   COMMISSION   TO   MAKE   IMPROVEMENTS   TO   FELLS- 
MERE    POND    IN   THE    CITY    OF   MALDEN. 

Be  it  enacted,  etc.,  as  follows: 

The  metropolitan  district  commission  is  hereby  authorized 
and  directed  to  construct  a  water  line  to  Fellsmere  pond, 
located  on  the  west  side  of  Fellsway  East  in  the  city  of 
Maiden  for  the  purpose  of  feeding  water  to  said  pond  in 
order  to  maintain  a  proper  level  thereat  and  to  protect  pub- 
lic health  aiid  the  fishlife  therein.  The  said  commission  may 
make  such  surveys  essential  for  said  purposes  and  may  ex- 
pend such  sums  as  may  be  appropriated  therefor. 

The  said  commission  is  hereby  authorized  to  enter  into 
such  agreements,  with  the  city  of  JMalden  or  others,  as  may 
be  essential  for  the  purposes  of  this  act;  provided  that  the 
commission  shall  not  be  obligated  to  furnish  water  to  said 
pond  to  replace  water  withdrawn  by  property  owners  or 
others  having  water  rights  with  reference  to  said  pond. 

Approved  August  9,  1955. 

An  Act  relative  to  the  establishment  of  metropolitan  Chap.65Q 

OR    REGIONAL   PL.\NNING   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'"®*'"^'®- 
establishmeiit  '>f  regional  planning  districts  within  the  com- 
monweals' I'der  to  promote  and  co-ordinate  the  orderly 
develop!-             x^t^ertain  areas  therein,  therefore  it  is  hereby 


576 


Acts,  1955.  — Chap.  657. 


G.  L.  (Ter. 
Ed.),  40B,  §  2, 
etc.,  amended. 


Purpose  of 
chapter. 


G.  L.  (Ter. 
Ed.),  40B,  §  3, 
etc.,  amended. 


Regional 
planning 
districts  by 
cities  and 
towns,  au- 
thorized. 


declared  to  be  an  emergency  law,  necessary  for  the  immedi- 
ate preservation  of  the  public  welfare  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  40B  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  2,  as  appearing  in  chapter 
374  of  the  acts  of  1955,  and  inserting  in  place  thereof  the 
following  section :  —  Section  2.  The  purpose  of  this  chapter 
is  to  permit  a  city  or  town  to  plan  jointly  with  cities  or 
towns  to  promote  with  the  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  2.  Section  3  of  said  chapter  40B,  as  so  appear- 
ing, is  hereby  amended  by  striking  out  the  first  sentence  and 
inserting  in  place  thereof  the  following  sentence :  —  Any 
group  of  cities,  towns,  or  cities  and  towns  may,  by  vote  of 
their  respective  city  councils  or  town  meetings,  vote  to  be- 
come 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. 

Section  3.  This  act  shall  take  effect  as  of  May  nine- 
teenth, nineteen  hundred  and  fifty-five. 

Approved  August  10,  1965. 


Chap.Q57  An  Act  authorizing  the  building  and  maintenance  of 

A  RADIO  BROADCASTING  SYSTEM  IN  THE  COUNTY  OF  FRANK- 
LIN  TO   AID    IN    FIRE    PROTECTION. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Subject  to  the  availability  of  an  appropria- 
tion, the  county  commissioners  of  Franklin  county  are  hereby 
authorized  to  expend  such  sums  as  may  be  necessary,  not 
exceeding  four  thousand  dollars,  for  the  establishment  of  a 
radio  broadcasting  system  to  aid  in  the  fire  protection  of 
said  Franklin  county.  The  portion  of  said  radio  broadcast- 
ing system  other  than  the  transmittal  tower  shall  be  installed 
and  located  in  such  area  and  building  in  Greenfield  as  the 
selectmen  of  the  town  of  Greenfield  may  designate.  The 
transmittal  tower  shall  be  located  within  the  town  of  Shel- 
burne  in  such  location  as  the  selectmen  of  the  town  of 
Shelburne  shall  designate. 

Section  2.  The  system  of  radio  broadcasting,  authorized 
to  be  established  by  section  one  of  this  act,  shall  be  adminis- 
tered and  operated  by  the  fire  fighting  personnel  of  the  town 
of  Greenfield  and  the  cost  of  their  serAdces  shall  be  borne  by 
said  town. 

Section  3.  The  county  commissioners  of  Franklin  county 
are  hereby  authorized  to  expend  such  other  sums  as  may  be 
necessary,  subject  to  an  appropriation,  for  the  maintenance 
and  operation  of  the  aforesaid  radio  broadcasting  system 
other  than  personnel  and  said  expenses  shall  be  assessed  and 


Acts,  1955.  — Chaps.  658,  659.  577 

collected  against  the  cities  and  towns  of  Franklin  county  in 
the  manner  provided  by  law  for  the  assessment  and  collec- 
tion of  the  county  tax. 
Section  4.    This  act  shall  take  effect  upon  its  passage. 

Approved  A v gust  10,  1955. 

An  Act  accepting  retrocession  by  the  united  states  Chap.658 

TO  the  commonwealth  of  MASSACHUSETTS  OF  CONCUR- 
RENT JURISDICTION  OVER  CERTAIN  LAND  IN  THE  VICINITY 
OF    FORT   DEVENS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  In  accordance  with  section  2  of  the  Act  of 
Congress  of  the  United  States  approved  June  fifteenth,  nine- 
teen hundred  and  fifty-five  (Public  Law  72,  84th  Congress, 
Chapter  141,  1st  Session)  entitled:  —  "An  Act  to  make 
retrocession  to  the  Commonwealth  of  Massachusetts  of  juris- 
diction over  certain  land  in  the  vicinity  of  Fort  Devens, 
Massachusetts",  the  commonwealth  of  Massachusetts  does 
hereby  accept  the  retrocession  of  concurrent  jurisdiction  over 
certain  land  in  the  vicinity  of  Fort  Devens  as  set  forth, 
bounded  and  described  in  section  one  of  said  public  law. 

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

Approved  August  10,  1955. 

An  Act  relative  to  the  sale  of  land  now  used  for  Chap. 669 

CEMETERY  PURPOSES  BY  THE  TOWN  OF  MARSHFIELD  TO 
THE  FIRST  CONGREGATIONAL  CHURCH  OF  MARSHFIELD,  INC. 

Be  it  enacted,  etc.,  as  foUows: 

Section  1.  The  town  of  Marshfield  is  hereby  authorized 
to  sell  and  convey  to  The  First  Congregational  Church  of 
Marshfield,  Inc.,  the  following  parcel  of  land  now  used  for 
cemetery  purposes :  —  Starting  at  a  point  on  land  now  or 
formerly  of  Gratto  and  running  in  a  westerly  direction  a 
distance  of  50';  thence  turning  and  running  in  a  northerly 
direction  along  land  of  The  First  Congregational  Church  of 
Marshfield,  Inc.  a  distance  of  60';  thence  turning  and 
running  diagonally  in  a  southeast  direction  across  cemetery 
land  to  the  point  of  beginning.  Containing  1,500  square 
feet  more  or  less. 

Section  2.  The  said  town  is  hereby  further  authorized 
to  disinter  and  rebury  such  bodies  which  may  be  buried  in 
the  parcel  of  land  described  in  section  one. 

Section  3.  This  act  shall  take  effect  upon  its  acceptance 
by  vote  of  the  inhabitants  of  the  town  of  Marshfield  at  an 
annual  town  meeting  or  at  a  special  town  meeting  called  for 
the  purpose.  Approved  August  10,  1955. 


578 


Acts,  1955. —  Chaps.  660,  661. 


Chap. 660  An  Act  authorizing  the  city  of  malden  to  use  the 

UNEXPENDED  BALANCE  OF  A  CERTAIN  SCHOOL  LOAN  FOR 
CERTAIN  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  section 
twenty  of  chapter  forty-four  of  the  General  Laws,  the  city 
of  Maiden  is  hereby  authorized  to  appropriate,  for  the  pur- 
pose of  purchasing  school  equipment,  the  unexpended  bal- 
ance of  twenty-five  thousand  dollars  remaining  of  a  loan 
made  by  said  city  under  the  provisions  of  chapter  six  hun- 
dred and  forty-five  of  the  acts  of  nineteen  hundred  and 
forty-eight  for  constructing,  equipping  and  furnishing  the 
new  Linden  school,  so  called. 

Section  2.  This  act  shall  take  effect  upon  its  accept- 
ance by  a  two-thirds  vote  of  all  of  the  members  of  the  city 
council  of  the  city  of  Maiden.    Approved  August  10,  1955. 


Chap.66\  An  Act  relative  to  the  disclosure  of  the  contents  of 

INCOME    TAX   returns. 


G.  L.  (Ter. 
Ed.),  62,  §  58, 
amended. 


Penalty  for 
disclosure  of 
information, 
except,  etc. 


Be  it  enacted,  etc.,  as  follows: 

Chapter  62  of  the  General  Laws  is  hereby  amended  by 
striking  out  section  58,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  section: 
—  Section  58.  The  disclosure  by  the  commissioner,  or  by 
any  deputy,  assistant,  clerk  or  assessor,  or  other  employee 
of  the  commonwealth,  or  of  any  city  or  town  therein,  to 
any  person  but  the  taxpayer  or  his  agent,  except  as  herein- 
after provided,  of  any  information  whatever  contained  in  or 
set  forth  by  any  return  filed  under  this  chapter,  other  than 
the  name  and  address  of  the  person  filing  it,  except  in  pro- 
ceedings to  collect  the  tax  or  for  the  purpose  of  criminal 
prosecution  under  this  chapter  is  prohibited.  The  commis- 
sioner, however,  may  grant  to  the  United  States  Com- 
missioner of  Internal  Revenue,  and  other  authorized  officials 
duly  designated  by  him  who  are  lawfully  charged  with  the 
administration  of  the  United  States  income  tax  law,  per- 
mission to  inspect  income  tax  returns  required  to  be  filed 
under  this  chapter.  Said  authorization  shall,  as  to  the 
documents  to  be  made  available  for  inspection,  be  extended 
on  the  same  basis  as  the  authority  that  may  be  lawfully 
granted  by  the  said  United  States  commissioner  to  the 
officials  of  the  commonwealth  to  examine  United  States 
income  tax  returns.  Such  inspection  shall,  however,  be 
limited  exclusively  to  the  purpose  of  administering  the  said 
United  States  income  tax  law.  Any  violation  of  this  section 
shall  be  punishable  by  a  fine  of  not  more  than  one  thousand 
dollars,  or  by  imprisonment  for  not  more  than  six  months, 
or  both,  and  by  disqualification  from  holding  office  in  the 
commonwealth  for  such  period,  not  exceeding  three  years, 
as  the  court  determines.  Approved  August  10,  1955. 


Acts,  1955. —  Chap.  662.  579 

An  Act  relative  to  the  licensing  and  inspection  of  Chap.6Q2 

CERTAIN  BUILDINGS  OR  STRUCTURES  USED  FOR  THE  HOUS- 
ING   OF   AGED    OR   INFIRM    PERSONS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.   Section  1  of  chapter  143  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  inserting  after  the  paragraph  defining  ^ende^d.'  ^  ^' 
"Inspector  of  buildings",  as  appearing  hi  the  Tercentenary 
Edition,  the  following  paragraph:  — 

"Institution",  any  hospital,  sanatorium,  convalescent  or  "institution" 
nursing  home,  infirmary  maintained  in  a  city  or  town,  private  ^^s^^^- 
infirmary  or  boarding  home  for  the  aged,  licensed  by  and 
under  the  supervision  of  the  department  of  public  health; 
and  any  hospital,  sanatorium  or  establishment,  public  or 
private,  licensed  by  and  under  the  supervision  of  the  de- 
partment of  mental  health  under  the  provisions  of  section 
forty  of  chapter  one  hundred  and  twenty-three. 

Section  2.    The  first  sentence  of  section  15  of  said  chap-  g.  l.  (Xer. 
ter  143,  as  most  recently  amended  by  section  1  of  chapter  509  ^tcli'ai^eniedf' 
of  the  acts  of  1952,  is  hereby  further  amended  by  inserting 
after  the  word  "home",  in  line  7,  the  words:  —  infirmary 
maintained  in  a  city  or  town,  private  infirmary,  —  so  as  to 
read  as  follows:  —  No  building  which  is  designed  to  be  used,  ^re^iation 
or  in  which  alteration  shall  be  made  for  the  purpose  of  using  of  buildings 

. .  ...  . .  .  ,1  .  *     J  IT      used  as  board- 

it,  or  continuing  its  use,  m  whole  or  in  part,  as  a  public  ing  homes 

building,  or  as  a  factory,  workshop  or  mercantile  or  other  requlred.^^'^" 
establishment,  and  to  have  accommodations  for  ten  or  more 
employees,  or  as  a  hospital,  sanatorium,  convalescent  or 
nursing  home,  infirmary  maintained  in  a  city  or  town,  private 
infirmary  or  boarding  home  for  the  aged  housing  three  or 
more  patients,  licensed  by  and  under  the  supervision  of  the 
department  of  public  health,  grandstand,  stadium,  bleacher 
or  arena,  and  no  building  more  than  two  stories  in  height 
designed  to  be  used  above  the  second  story,  or  in  which  al- 
teration shall  be  made  for  the  purpose  of  using  it,  or  con- 
tinuing its  use,  in  whole  or  in  part,  as  an  office  buildiiig, 
dormitory,  hotel,  family  hotel,  apartment  house,  boarding 
house,  lodging  house  or  tenement  house,  and  to  have  eight 
or  more  rooms  above  said  story,  shall  be  erected,  and  no  al- 
teration shall  be  made  therein,  until  a  copy  of  the  plans  and 
specifications  thereof  has  been  deposited  with  a  supervisor 
of  plans  by  the  person  causing  its  erection  or  alteration  or 
by  the  architect  thereof. 

Section  3.    The  first  sentence  of  section  21  of  said  chap-  g.  l.  (Ter. 
ter  143,  as  most  recently  amended  by  section  2  of  said  chap-  §  21.' etc.! 
ter  509  of  the  acts  of  1952,  is  hereby  further  amended  by  in-  amended, 
serting  after  the  word  "home",  the  first  time  it  appears  in 
line  6,  the  words:  —  infirmary  maintained  in  a  city  or  town, 
private  infirmary,  —  so  as  to  read  as  follows :  —  The  owner.  Boarding 
lessee  or  mortgagee  in  possession  of  any  building  in  whole  aged^tomain- 
or  in  part  used  as  a  public  building  or  as  a  factory,  work-  egi-essM  and 
shop,  mercantile  or  other  establishment,  and  which  has  ac-  fire  escapes. 
commodations  for  ten  or  more  employees,  or  of  a  hospital, 


580 


Acts,  1955. —  Chap.  662. 


G.  L.  (Ter. 
Ed.),  143, 
§  33,  etc., 
amended. 


Enforcement 
of  laws  re- 
lating to 
safety  of 
persons  in 
buildings. 


sanatorium,  convalescent  or  nursing  home,  infirmary  main- 
tained in  a  city  or  town,  private  infirmary  or  boarding  home 
for  the  aged,  Ucensed  by  and  under  the  supervision  of  the 
department  of  public  health,  a  grandstand,  stadium,  bleacher 
or  arena,  or  of  an  office  building,  dormitory,  hotel,  family 
hotel,  apartment  house,  boarding  house,  lodging  house  or 
tenement  house  which  has  eight  or  more  rooms  above  the 
second  story,  or  in  which  ten  or  more  persons  are  accommo- 
dated, lodge  or  reside  above  the  second  story,  to  which  build- 
ing sections  fifteen  to  sixty,  inclusive,  apply,  shall  provide 
such  building  with  proper  egresses  or  other  means  of  escape 
from  fire  sufficient  for  the  use  of  all  persons  employed, 
lodged  or  resident  therein;  provided,  that  in  all  buildings 
subject  to  this  section,  other  than  mercantile  establishments, 
hotels  and  buildings  used  solely  for  office  purposes,  such 
egresses  or  means  of  escape  from  fire  shall  also  be  sufficient 
for  the  use  of  all  persons  accommodated  or  assembled  therein; 
and,  in  such  mercantile  establishments,  hotels  and  build- 
ings used  solely  for  office  purposes,  shall  be  sufficient,  to  the 
greatest  extent  compatible,  in  the  opinion  of  the  inspector, 
with  the  reasonable  use  thereof,  for  the  use  of  all  persons 
accommodated  or  assembled  therein;  and  pro\dded,  fur- 
ther, that  no  owner,  lessee  or  mortgagee  in  possession  of  a 
building  subject  to  any  provision  of  this  section  shall  be 
deemed  to  have  violated  this  provision  unless  he  has  been 
notified  in  writing  by  an  inspector  as  to  what  additional 
egresses  or  means  of  escape  from  fire  are  necessary,  and  for 
thirty  days  has  neglected  or  refused  to  provide  the  same. 

Section  4.  Section  33  of  said  chapter  143,  as  most  re- 
cently amended  by  section  3  of  chapter  509  of  the  acts  of 
1952,  is  hereby  further  amended  by  inserting  after  the  word 
"homes",  in  line  13,  the  words:  — infirmary  maintained  in 
a  city  or  town,  private  infirmary,  —  so  as  to  read  as  follows : 
—  Section  S3.  In  every  city,  to^\^l  and  district  wherein  there 
is  in  force  a  building  code,  so  called,  established  under 
authority  of  section  three  or  corresponding  pro\dsions  of 
earlier  law  or  established  by  or  under  authority  of  any  other 
provision  of  law,  the  provisions  of  sections  fifteen,  seventeen, 
twenty,  twenty-one,  twenty-one  A,  twenty-one  B,  twenty- 
one  C,  twenty-four,  twenty-five,  twenty-eight,  twenty-nine, 
thirty,  thirty-one,  forty-two,  forty-three,  forty-nine,  fifty- 
one,  fifty-two,  fifty-three,  fifty-four,  fifty-seven  and  fifty- 
nine  relative  to  buildings  other  than  churches,  theatres, 
special  halls,  public  halls,  schoolhouses  and  buildings  owned 
or  occupied  by  the  commonwealth  or  by  any  county,  or  other 
than  hospitals,  sanatoria,  convalescent  or  nursing  homes, 
infirmary  maintained  in  a  city  or  town,  private  infirmary  or 
boarding  homes  for  the  aged,  licensed  by  and  under  the 
super\dsion  of  the  department  of  public  health,  hotels, 
family  hotels,  grandstands,  stadia,  bleachers  or  arenas,  shall, 
unless  otherwise  provided,  be  enforced  by  the  inspector  or 
inspectors  of  buildings  of  such  city,  town  or  district  and  the 
terms  "supervisor  of  plans",   "chief  of  inspections"  and 


Acts,  1955. —  Chap.  662.  581 

"inspector",  as  used  in  said  sections  and  in  sections  fifty- 
five  and  fifty-six,  shall  include  an  inspector  of  buildings  of 
such  city,  town  or  district,  and  shall  be  enforced  in  accord- 
ance with  the  regulations  authorized  by  section  fifty-four; 
in  all  other  cities  and  towns  the  provisions  of  said  sections 
shall  be  enforced  in  accordance  \Nath  their  specific  terms. 

Section  5.    Section  28  of  said  chapter  143,  as  most  re-  g.  l.  (Xer. 
cently  amended  by  chapter  648  of  the  acts  of  1947,  is  hereby  §  28.'e\c.,' 
further  amended  by  striking  out  the  third  sentence  and  a™<^n'ied. 
insertmg  in  place  thereof  the  following  sentence: — Such  Certificate  of 
certificate  shall  continue  in  force  for  two  years  for  an  insti-  '"^p'^"*"'"- 
tution  as  defined  in  section  one  and  for  other  buildings  and 
structures  for  not  more  than  five  years  after  its  date,  but 
while  in  force  it  shall  be  conclusive  evidence  of  a  compHance 
^nth  said  sections  by  the  person  to  whom  it  is  issued. 

Section  6.    Section  4  of  chapter  148  of  the  General  Laws,  g.  l.  (Ter. 
as  most  recently  amended  by  section  2  of  chapter  710  of  the  etc!,  amended', 
acts  of  1945,  is  hereby  further  amended  by  adding  at  the  end 
the  following  paragraph:  — 

The  marshal,  or  the  head  of  a  fire  department  to  whom  inspection  of 
he  may  delegate  authority,  shall  make  an  inspection  every  wh^'lu^thor- 
three  months  of  institutions  as  defined  in  section  one  of  '^'^^^■ 
chapter  one  hundred  and  forty-three,  licensed  by  and  under 
the  supervision  of  the  department  of  public  health,  and  shall 
make  a  report  of  such  inspection  to  said  department  on  forms 
submitted  to  the  marshal  by  the  department  for  this  purpose. 

Section  7.     Section  71  of  chapter  111  of  the  General  Edo.iTr 
Laws,  as  appearing  in  section  9  of  chapter  602  of  the  acts  l^g^jl*^- 
of  1952,  is  hereby  amended  by  striking  out  the  eighth  sen- 
tence and  inserting  in  place  thereof  the  following  sentence: 
—  Upon  written  request  by  an  applicant  who  is  aggrieved  j^g^etc^^^''' 
by  the  refusal  to  renew  such  a  license,  or  by  a  holder  who  is 
aggrieved  by  the  revocation  of  such  a  license,  as  the  case 
may  be,  the  commissioner  and  the  council  shall  hold  a  public 
hearing  after  due  notice  and  thereafter  may  modify,  affirm  or 
reverse  the  action  of  the  department. 

Section  8.     Said  section  71  of  said  chapter  111,  as  so  g;,^!^^^- 
appearing,  is  hereby  amended  by  striking  out  the  fifth  sen-  §71,' etc.,' 
tence  and  inserting  in  place  thereof  the  following  three  ^minded, 
sentences :  —  Notwithstanding   any   of   the   foregoing   pro-  Licenses  to 
visions,  however,  no  original  license  shall  be  issued  hereunder  hospS, 
over  the  written  disapproval  of  the  local  authorities  having  sanatoria,  etc. 
jursidiction  and  no  license  shall  be  issued  or  renewed  here- 
under unless  there  shall  be  first  submitted  to  the  department 
by  the  authorities  in  charge  of  the  hospital,  sanatorium,  con- 
valescent or  nursing  home,  infirmary,  or  boarding  home  for 
the  aged  with  respect  to  each  building  occupied  by  patients, 
a  certificate  of  inspection  of  the  egresses,  the  means  of  pre- 
venting the  spread  of  fire  and  the  apparatus  for  extinguishing 
fire,  issued  by  an  inspector  of  the  dixasion  of  inspection  of 
the  department  of  public  safety,  and  a  certificate  of  inspection 
issued  by  the  head  of  the  local  fire  department  certifying  com- 
pliance with  the  local  ordinances.     Any  applicant  for  an 


582 


Acts,  1955. —  Chap.  663. 


G.  L.  (Ter. 
Ed.),  Ill, 
new  §  71B, 
added. 

Review  of 
action  by 
board  of 
review  by 
petition  to 
district  court. 


original  license  who  is  aggrieved  by  rejection  of  his  applica- 
tion on  the  basis  of  such  written  disapproval  may,  within 
thirty  days,  make  an  appeal  in  writing  from  such  refusal  to 
a  board  of  review  which  is  hereby  created  for  the  department 
of  public  health,  said  board  to  consist  of  the  commissioner  of 
pubUc  health,  the  commissioner  of  public  safety,  the  attorney 
general,  tlie  director  of  building  construction  in  the  commis- 
sion on  administration  and  finance  and  the  state  fire  marshal 
or  such  persons  as  they  may  respectively  designate  to  act  in 
their  stead.  The  board  shall,  within  twenty  days  of  the  re- 
ceipt of  such  appeal,  give  the  parties  in  interest  an  opportu- 
nity to  be  heard  and  shall,  within  thirty  days  after  such  hear- 
ing, render  a  decision  which  shall  be  a  matter  of  pubhc  record. 
Section  9.  Said  chapter  111  is  hereby  further  amended 
by  inserting  after  section  71  A,  inserted  by  chapter  449 
of  the  acts  of  1955,  the  following  section:  —  Section  71 B. 
Within  thirty  daj^s  after  action  by  the  board  of  review,  as 
provided  for  in  section  seventy-one,  a  person  who  is  ag- 
grieved by  the  refusal  of  said  board  to  approve  his  application 
may  bring  a  petition  in  the  district  court  within  the  judicial 
district  where  the  premises  on  which  the  application  was 
based  are  located,  addressed  to  the  justice  of  the  court  pray- 
ing that  the  action  of  the  board  in  refusing  to  approve  his 
application  may  be  reviewed  and  after  such  notice  as  said 
court  shall  direct  to  all  parties  interested  a  hearing  may  be 
had  before  the  court  at  an  early  and  convenient  time  fixed 
by  it;  or  the  court  may  appoint  three  disinterested  persons 
conversant  with  the  subject  matter  of  the  controversy  to 
examine  the  matter  and  hear  the  parties  and  the  decision  of 
said  court  or  the  written  decision  under  oath  of  a  majority 
of  those  appointed  by  the  court  filed  in  the  office  of  the  clerk 
of  courts  in  said  county  within  ten  days  after  such  hearing 
may  annul  or  affirm  such  refusal.  Such  decision,  or  a  certi- 
fied copy  thereof,  shall  have  the  same  authority,  force  and 
effect  as  an  original  refusal  or  approval  by  the  board.  If 
such  decision  results  in  the  approval  of  an  application  for  a 
license  which  the  board  has  denied,  the  court  shall  order 
said  license  to  be  issued.  Approved  August  10,  1955. 


Chap.Q6S  An  Act  authorizing  off-street  parking  facilities  in 

THE    CITY   OF   HOLYOKE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purposes  of  constructing  public  park- 
ing areas,  including  original  pavement  thereof  and  including 
with  such  pavement  the  cost  of  demolition  of  buildings  and 
other  structures  and  the  clearing  of  said  areas  for  such 
pavement  as  well  as  the  construction  of  facilities  for  off- 
street  pubhc  parking,  including  lighting,  sewer  and  drainage 
facihties  therefor,  the  city  of  Holyoke  may  acquire  by  pur- 
chase or  otherwise,  or  take  by  eminent  domain  under  the 
provisions  of  chapter  seventy-nine  or  eighty  A  of  the  Gen- 
eral Laws,  lands  and  buildings  located  on  such  streets  in 


Acts,  1955.  — Chap.  663.  583 

said  city  as  the  board  of  aldermen  of  said  city  may  deter- 
mine. Said  city  may,  for  the  purpose  of  this  act,  borrow 
from  time  to  time  within  a  period  of  five  years  from  the 
passage  of  this  act  such  sums  as  may  be  necessary,  not  ex- 
ceeding in  the  aggregate  seven  hundred  thousand  dollars, 
and  may  issue  bonds  or  notes  therefor  which  shall  bear  on 
their  face  the  words,  City  of  Holyoke  Public  Parking  Loan, 
Act  of  1955.  Each  authorized  issue  shall  constitute  a  sepa- 
rate loan,  and  such  loans  shall  be  paid  in  not  more  than 
twenty  years  from  their  dates.  Indebtedness  incurred  under 
this  act  shall  be  outside  the  statutory  debt  limit,  but  shall, 
except  as  herein  provided,  be  subject  to  chapter  forty-four 
of  the  General  Laws,  exclusive  of  the  limitations  contained 
in  the  first  paragraph  of  section  seven  thereof. 

Section  2.  The  city  shall  install  parking  meters  in  said 
off-street  parking  areas  and  facilities  and  make  a  charge 
for  the  use  of  space  therein,  and  the  receipts  thereof  to- 
gether with  the  receipts  from  all  other  parking  meters  in- 
stalled by  said  city  shall  be  apphed  annually,  first,  to  re- 
imbursing the  city  for  its  annual  payments  on  account  of 
the  above  mentioned  loan  or  loans,  and  secondly,  for  any 
of  the  purposes  for  which  parking  meter  receipts  may  be 
used  under  sections  twenty-two  A,  twenty-two  B  and  twenty- 
two  C  of  chapter  forty  of  the  General  Laws.  No  products 
used  in  or  for  the  servicing  of  motor  vehicles  shall  be  sold 
or  dispensed  at  or  in  connection  with  said  off-street  parking 
areas  or  facilities. 

Section  3.  In  the  event  that  the  city  determines  to  con- 
struct and  operate  any  off-street  public  parking  areas  or 
facihties,  said  city  shall,  by  ordinance,  establish  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 
or  facilities  may  be  used  for  the  purposes  prescribed  by  said 
sections  twenty-two  A,  twenty-two  B  and  twenty-two  C  of 
said  chapter  forty  of  the  General  Laws  and  the  receipts  from 
all  other  parking  units  installed  by  the  said  city  may  be  used 
by  the  city  as  provided  by  said  sections. 

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 
therefrom. 

Section  6.  Said  city  may  acquire  said  parking  meters  in 
the  manner  provided  by  section  twenty-two  A  of  said  chap- 
ter forty. 

Section  7.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  board  of  aldermen  and  the  mayor  of  said 
city,  but  not  otherwise.  Approved  August  10,  1955. 


584  Acts,  1955. —  Chap.  664. 


Ckap.Q64:  An  Act  establishing  the   mount  pleasant   water  dis- 
trict IN  THE  TOWN  OF  LEICESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Leicester, 
Hable  to  taxation  in  said  town  and  residing  within  the  terri- 
tory comprised  within  the  following  boundary  lines,  to  wit:  — 

Beginning  at  a  point  at  the  southwesterly  corner  of  the 
Leicester  Water  Supply  District;  thence  in  a  southerly  di- 
rection by  the  westerly  boundaries  of  the  Hillcrest  Water 
District  and  the  Rochdale  section  of  the  Cherry  Valley  and 
Rochdale  Water  District  to  the  southerly  boundary  line  of 
the  town  of  Leicester;  thence  in  a  westerly  direction  by  and 
along  said  line,  to  the  easterly  line  of  the  town  of  Spencer 
boundary;  thence  by  and  along  the  Spencer  and  Leicester 
boundary  line  to  a  point  at  the  intersection  of  the  Paxton 
and  Leicester  town  line;  thence  in  an  easterly  direction  by 
and  along  the  Leicester  and  Paxton  boundary  line,  nine 
thousand  seven  hundred  and  fifty  feet  to  a  point;  thence 
in  a  southeasterly  direction  twelve  thousand  feet,  more  or 
less,  to  the  northwesterly  corner  of  the  Leicester  Water 
Supply  District;  thence  by  and  along  the  westerly  line  of 
the  Leicester  Water  Supply  District  five  thousand  two  hun- 
dred and  eighty  feet  to  the  point  of  beginning,  shall  consti- 
tute a  water  district  and  are  hereby  made  a  body  corporate 
by  the  name  of  Mount  Pleasant  Water  District  hereinafter 
called  the  district,  for  the  purpose  of  supplying  themselves 
with  water  for  the  extinguishment  of  fires  and  for  domestic 
and  other  purposes,  with  power  to  establish  fountains  and 
hydrants  and  to  relocate  and  discontinue  the  same,  to  regu- 
late the  use  of  such  water  and  to  fix  and  collect  rates  to  be 
paid  therefor,  and  for  the  purposes  of  assessing  and  raising 
taxes  as  provided  herein  for  the  payment  of  such  services, 
for  defraying  the  necessary  expenses  of  carrying  on  the 
business  of  said  district,  subject  to  all  general  laws  now  or 
hereafter  in  force  relating  to  such  districts,  except  as  other- 
wise provided  herein.  The  district  shall  have  power  to 
prosecute  and  defend  all  actions  relating  to  its  property 
and  affairs. 

Section  2.  For  the  purposes  aforesaid,  the  district,  act- 
ing by  and  through  its  board  of  water  commissioners  herein- 
after provided  for,  may  contract  with  any  municipality, 
acting  through  its  water  department,  or  with  any  water 
company,  or  with  any  water  district,  for  whatever  water 
may  be  required,  authority  to  furnish  the  same  being  hereby 
granted,  and  may  take  by  eminent  domain  under  chap- 
ter seventy-nine  or  chapter  eighty  A  of  the  General  Laws, 
or  acquire  by  lease,  purchase  or  otherwise,  and  hold,  the 
waters,  or  any  portion  thereof,  of  any  pond,  spring  or  stream, 
or  of  any  ground  sources  of  supply  by  means  of  driven, 
artesian  or  other  wells,  within  the  town  of  Leicester  and  not 
already  appropriated  for  the  purposes  of  a  public  supply, 


Acts,  1955.  — Chap.  664.  585 

and  the  water  and  flowage  rights  connected  with  any  such 
water  sources;  and  for  said  purposes  may  take  as  afore- 
said, or  acquire  by  purchase  or  otherwise,  and  hold,  all 
lands,  rights  of  way  and  other  easements  necessary  for  col- 
lecting, storing,  holding,  purifying  and  preserving  the  purity 
of  the  water  and  for  conveying  the  same  to  any  part  of 
said  district;  provided,  that  no  source  of  water  supply  or 
lands  necessary  for  preserving  the  quaUty  of  the  water  shall 
be  so  taken  or  used  without  first  obtaining  the  advice  and 
approval  of  the  department  of  public  health,  and  that  the 
location  and  arrangement  of  all  dams,  reservoirs,  springs, 
wells,  pumping,  purification  and  filtration  plants,  and  such 
other  works  as  may  be  necessary  in  carrying  out  the  pro- 
visions of  this  act,  shall  be  subject  to  the  approval  of  said 
department.  The  district  may  construct  and  maintain  on 
the  lands  acquired  and  held  under  this  act  proper  dams, 
wells,  springs,  reservoirs,  standpipes,  tanks,  pumping  plants, 
buildings,  fixtures  and  other  structures,  including  also  the 
establishment  and  maintenance  of  filter  beds  and  purifica- 
tion works  or  systems,  and  may  make  excavations,  procure 
and  operate  machinery  and  provide  such  other  means  and 
appliances,  and  do  such  other  things  as  may  be  necessary 
for  the  establishment  and  maintenance  of  complete  and  effec- 
tive water  works;  and  for  that  purpose  may  construct  pipe 
lines,  wells  and  reservoirs  and  establish  pumping  works, 
and  may  construct,  lay,  acquire  and  maintain  aqueducts, 
conduits,  pipes  and  other  works  under  or  over  any  land, 
water  courses,  railroads,  railways  and  public  or  other  ways, 
and  along  such  ways,  in  said  town,  in  such  manner  as  not 
unnecessarily  to  obstruct  the  same;  and  for  the  purposes  of 
constructing,  laying,  maintaining,  operating  and  repairing 
such  aqueducts,  conduits,  pipes  and  other  works,  and  for 
all  proper  purposes  of  this  act,  the  district  may  dig  up  or 
raise  and  embank  any  such  lands,  highways  or  other  ways 
in  such  manner  as  to  cause  the  least  hindrance  to  public 
travel  on  such  ways;  provided,  that  the  manner  in  which 
all  things  are  done  upon  any  such  way  shall  be  subject  to 
the  direction  of  the  selectmen  of  the  town  of  Leicester. 
The  district  shall  not  enter  upon,  or  construct  or  lay  any 
conduit,  pipe  or  other  works  within,  the  location  of  any 
railroad  corporation  except  at  such  time  and  in  such  manner 
as  it  may  agree  upon  with  such  corporation,  or,  in  case  of 
failure  so  to  agree,  as  may  be  approved  by  the  department 
of  public  utilities.  The  district  may  enter  upon  any  lands 
for  the  purpose  of  making  surveys,  test  wells  or  pits  and 
borings,  and  may  take  or  otherwise  acquire  the  right  to 
occupy  temporarily  any  lands  necessary  for  the  construc- 
tion of  any  work  or  for  any  other  purpose  authorized  by 
this  act. 

Section  3.  Any  person  sustaining  damages  in  his  prop- 
erty by  any  taking  under  this  act  or  any  other  thing  done 
under  authority  thereof  may  recover  such  damages  from 
the  district  under  said  chapter  seventy-nine,  or  said  chapter 


Acts,  1955. —  Chap.  664. 

eighty  A  of  the  General  Laws,  but  the  right  to  damages  for 
the  taking  of  any  water,  water  right  or  water  source,  or  for 
any  injury  thereto,  shall  not  vest  until  water  is  actually 
withdrawn  or  diverted  under  authority  of  this  act. 

Section  4.  For  the  purpose  of  paying  the  necessary  ex- 
penses and  liabilities  incurred  under  this  act,  other  than 
expenses  of  maintenance  and  operation,  the  district  may 
borrow  from  time  to  time  such  sums  as  may  be  necessary, 
not  exceeding,  in  the  aggregate,  six  hundred  thousand  dol- 
lars, and  may  issue  bonds  or  notes  therefor,  which  shall  bear 
on  their  face  the  words,  Mount  Pleasant  Water  District 
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  subject  to  the  provisions  of  chapter 
forty-four  of  the  General  Laws  pertaining  to  such  districts. 

Section  5.  The  district  shall,  at  the  time  of  authorizing 
said  loan  or  loans,  provide  for  the  payment  thereof  in  ac- 
cordance with  section  four  of  this  act;  and,  when  a  vote  to 
that  effect  has  been  passed,  a  sum  which,  with  the  income 
derived  from  water  rates,  will  be  sufficient  to  pay  the  annual 
expense  of  operating  its  water  works  and  the  interest  as  it 
accrues  on  the  bonds  or  notes  issued  as  aforesaid  by  the 
district,  and  to  make  such  payments  on  the  principal  as  may 
be  required  under  this  act,  shall  without  further  vote  be 
assessed  upon  the  district  by  the  assessors  of  said  town 
of  Leicester  annually  thereafter  until  the  debt  incurred  by 
said  loan  or  loans  is  extinguished. 

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

Section  7.  Whenever  a  tax  is  duly  voted  by  the  district 
for  the  purposes  of  this  act,  the  clerk  shall  send  a  certified 
copy  of  the  vote  to  the  assessors  of  said  town,  who  shall 
assess  the  same  on  property  within  the  district  in  the  same 
manner  in  all  respects  in  which  town  taxes  are  required  by 
law  to  be  assessed;  provided,  that  no  estate  shall  be  subject 
to  any  tax  assessed  on  account  of  the  system  of  water  supply 
under  this  act,  if,  in  the  judgment  of  the  board  of  water 
commissioners  hereinafter  provided  for,  after  a  hearing,  due 
notice  whereof  shall  have  been  given,  such  estate  is  so 
situated  that  it  will  receive  no  aid  in  the  extinguishment  of 
fire  from  the  said  system  of  water  supply,  or  if  such  estate  is 
so  situated  that  the  buildings  thereon,  or  the  buildings  that 
might  be  constructed  thereon,  could  not  be  suppHed  with 
water  from  said  system  in  any  ordinary  or  reasonable  man- 
ner; but  all  other  estates  in  the  district  shall  be  deemed  to 
be  benefited  and  shall  be  subject  to  such  tax.  A  certified 
list  of  the  estates  exempt  from  taxation  under  the  provisions 
of  this  section  shall  annually  be  sent  by  said  board  of  water 


Acts,  1955.  —  Chap.  664.  587 

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

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

Section  9.  The  district  shall,  after  the  acceptance  of  this 
act  as  aforesaid,  elect  by  ballot,  either  at  the  same  meeting 
at  which  this  act  shall  have  been  accepted,  or  thereafter,  at 
an  annual  meeting  or  at  a  special  meeting  called  for  the  pur- 
pose, three  persons,  inhabitants  of  and  voters  in  said  district, 
to  hold  office,  one  until  the  expiration  of  three  years,  one 
until  the  expiration  of  two  years,  and  one  until  the  expiration 
of  one  year,  from  the  day  of  the  next  succeeding  annual  dis- 
trict meeting,  to  constitute  a  board  of  water  commissioners; 
and  at  every  annual  district  meeting  following  such  next  suc- 
ceeding annual  district  meeting  one  such  commissioner  shall 
be  elected  by  ballot  for  the  term  of  three  years.  The  date 
of  the  next  annual  meeting  shall  be  fixed  by  by-law  or  by 
vote  of  the  board  of  water  commissioners,  but  in  no  event 
shall  it  be  later  than  fifteen  months  subsequent  to  the  date 
on  which  the  water  commissioners  were  first  elected.  All 
the  authority  granted  to  said  district  by  this  act,  except 
sections  four  and  five,  and  not  otherwise  specifically  pro- 
vided for,  shall  be  vested  in  said  board  of  water  commis- 
sioners, who  shall  be  subject,  iiowever,  to  such  instructions, 


588  Acts,  1955.  —  Chap.  664. 

rules  and  regulations  as  the  district  may  by  vote  impose.  At 
the  meeting  at  which  said  water  commissioners  are  first 
elected  and  at  each  annual  district  meeting  held  thereafter, 
the  district  shall  elect  by  ballot,  each  for  a  term  of  one 
year,  a  clerk  and  a  treasurer  of  the  district.  The  treasurer 
shall  not  be  a  water  commissioner,  and  shall  give  bond  to  the 
district  in  such  an  amount  as  may  be  approved  by  said  water 
commissioners  and  with  a  surety  company  authorized  to 
transact  business  in  the  commonwealth  as  surety.  A  ma- 
jority of  said  water  commissioners  shaU  constitute  a  quorum 
for  the  transaction  of  business.  Any  vacancy  occurring  in 
said  board  from  any  cause  may  be  filled  for  the  remainder  of 
the  unexpired  term  by  said  district  at  any  legal  meeting 
called  for  the  purpose.  No  money  shall  be  drawn  from  the 
treasury  of  the  district  on  account  of  its  water  works  except 
upon  a  written  order  of  said  water  commissioners  or  a  ma- 
jority of  them. 

Section  10.  Said  board  of  water  commissioners  shall  fix 
just  and  equitable  prices  and  rates  for  the  use  of  water,  and 
shall  prescribe  the  time  and  manner  of  payment.  The  in- 
come of  the  water  works  shall  be  appropriated  to  defray  all 
operating  expenses,  interest  charges  and  payments  on  the 
principal  as  they  shall  accrue  upon  any  bonds  or  notes  issued 
under  authority  of  this  act.  If  there  should  be  a  net  surplus 
remaining  after  providing  for  the  aforesaid  charges,  it  may 
be  appropriated  for  such  new  construction  as  said  water 
commissioners  may  recommend,  and  in  case  a  surplus  should 
remain  after  payment  for  such  new  construction  the  water 
rates  shall  be  reduced  proportionately.  If  in  any  year  there 
should  be  a  deficit  of  revenue,  the  water  commissioner  shall 
in  the  following  year  fix  the  rate  so  as  to  meet  such  deficit 
together  with  the  estimated  operating  costs  including  interest 
and  debt.  Said  water  commissioners  shall  annually,  and  as 
often  as  the  district  may  require,  render  a  report  upon  the 
condition  of  the  works  under  their  charge,  and  an  account  of 
their  doings,  including  an  account  of  receipts  and  expendi- 
tures. 

Section  11.  The  district  may  adopt  by-laws,  prescrib- 
ing by  whom  and  how  meetings  of  the  district  may  be  called, 
notified  and  conducted;  and,  upon  the  application  of  ten 
or  more  legal  voters  in  the  district,  meetings  may  also  be 
called  by  warrant  as  provided  in  section  eight.  The  dis- 
trict may  also  establish  rules  and  regulations  for  the  man- 
agement of  its  water  works,  not  inconsistent  with  this  act 
or  with  any  other  provision  of  law,  and  may  choose  such 
other  ofl&cers  not  provided  for  in  this  act  as  it  may  deem 
necessary  or  proper. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  water  obtained  or  supplied  under  this 
act,  or  wilfully  or  wantonly  injures  any  reservoir,  well, 
standpipe,  aqueduct,  pip)e  or  other  property  owned  or  used 
by  the  district  for  any  of  the  purposes  of  this  act,  shall  for- 
feit and  pay  to  the  district  three  times  the  amount  of  dam- 


Acts,  1955. —  Chap.  665.    .  589 

ages  assessed  therefor,  to  be  recovered  in  an  action  of  tort, 
and  upon  conviction  of  any  of  the  above  wilful  or  wanton 
acts  shall  be  punished  by  a  fine  of  not  more  than  three  hun- 
dred dollars  or  by  imprisonment  for  not  more  than  one  year, 
or  both. 

Section  13.  Upon  a  petition  in  writing  addressed  to  said 
board  of  water  commissioners  requesting  that  certain  real 
estate,  accurately  described  therein,  located  in  said  town 
and  abutting  on  said  district  and  not  otherwise  served  by  a 
public  water  supply  be  included  within  the  limits  thereof, 
and  signed  by  the  owners  of  such  real  estate,  or  a  major  por- 
tion of  such  real  estate,  said  water  commissioners  shall  cause 
a  duly  warned  meeting  of  the  district  to  be  called,  at  which 
meeting  the  voters  may  vote  on  the  question  of  including 
said  real  estate  within  the  district.  If  a  majority  of  the 
voters  present  and  voting  thereon  vote  in  the  affirmative 
the  district  clerk  shall  within  ten  days  file  with  the  town  clerk 
of  said  town  and  with  the  state  secretary  an  attested  copy 
of  said  petition  and  vote;  and  thereupon  said  real  estate 
shall  become  and  be  part  of  the  district  and  shall  be  holden 
under  this  act  in  the  same  manner  and  to  the  same  extent 
as  the  real  estate  described  in  section  one. 

Section  14.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  the  territory 
included  within  said  district  by  section  one  of  this  act  present 
and  voting  thereon,  by  the  use  of  a  check  list,  at  a  district 
meeting  called,  in  accordance  with  section  eight,  within  four 
years  after  its  passage.  Approved  August  10,  1955. 

An   Act  authorizing   the   military   reservation   com-  Chav  665 

MISSION    TO    SELL    OR    TRANSFER    CERTAIN    LAND     OF   THE 
COMMONWEALTH^SITUATED    IN    BARNSTABLE    COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Upon  recommendation  of  the  commission  on 
administration  and  finance  and  with  the  approval  of  the 
governor  and  council,  the  special  military  reservation  com- 
mission estabhshed  by  section  one  of  chapter  one  hundred 
and  ninety-six  of  the  acts  of  nineteen  hundred  and  thirty- 
five,  as  most  recently  amended  by  chapter  twenty  of  the 
acts  of  nineteen  hundred  and  forty-one,  is  hereby  authorized 
to  dispose  of,  by  sale  at  public  auction,  by  sale  or  transfer  to 
other  agencies  of  the  commonwealth,  or  by  sale  or  transfer 
to  poHtical  subdivisions  of  the  commonwealth  in  which  the 
properties  are  located  any  or  all  properties,  including  land 
and  buildings,  under  the  jurisdiction  of  said  military  reser- 
vation commission,  which  properties  have  been  certified  by 
it  to  be  no  longer  necessary  for  its  program.  Upon  like 
recommendation  and  \\'ith  like  approval,  said  military  reser- 
vation commission  may  dispose  of,  by  sale,  transfer  or  other- 
wise, to  agencies  of  the  United  States  government  any  or 
all  properties,  including  land  and  buildings,  under  its  juris- 
diction. 


590  Acts,  1955. —  Chap.  665. 

Section  2.  In  the  event  that  any  of  said  properties  dis- 
posed of,  as  provided  in  section  one,  by  sale  or  transfer  to 
other  agencies  of  the  commonwealth  ceases  to  be  used  for 
the  purposes  for  which  sold  or  transferred,  exclusive  juris- 
diction thereover  shall  revert  to  said  military  reservation 
commission.  In  the  event  that  any  of  said  properties  sold 
or  transferred  to  any  pohtical  subdivision  of  the  common- 
wealth or  to  any  agency  of  the  United  States  government 
ceases  to  be  used  for  the  purposes  for  which  sold  or  trans- 
ferred, title  to  said  property  shall  revert  to  the  common- 
wealth and  exclusive  jurisdiction  thereover  shall  revert  to 
said  military  reservation  commission. 

Approved  August  10,  1965. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  August  17,  1955. 

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

Sir  :  —  I,  Christian  A.  Herter,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment  to 
the  Constitution,  "The  Referendum  II,  Emergency  Meas- 
ure", do  declare  that  in  my  opinion,  the  immediate  preser- 
vation of  the  public  convenience  requires  that  the  law 
signed  by  me  on  the  tenth  day  of  August  in  the  year  one 
thousand  nine  hundred  and  fifty-five,  being  Chapter  665  of 
the  Acts  of  1955,  entitled,  "An  Act  authorizing  the  Military 
Reservation  Commission  to  sell  or  transfer  Certain  Land  of 
the  Commonwealth  situated  in  Barnstable  County",  should 
take  effect  forthwith,  and  that  it  is  an  emergency  law,  and 
that  facts  constituting  the  emergency  are  as  follows; 

The  Federal  Government  is  in  process  of  completing  all 
its  necessary  arrangements  for  taking  certain  of  the  lands  and 
the  delayed  operation  of  this  legislation  would  hinder  the 
Commonwealth's  action  in  relation  to  the  transfer.  It  is, 
therefore,  necessarj?-  that  the  legislation  referred  to  above 
should  take  effect  forthwith. 

Very  truly  yours, 

Christl\n  a.  Herter, 
Governor  of  the  Commonwealth. 

Office  of  the  Secretary,  Boston,  August  17,  1955. 

I,  Edward  J.  Cronin,  Secretary  of  the  Commonwealth, 
hereby  certify  that  the  accompanying  statement  was  filed  in 
this  office  by  His  Excellency  the  Governor  of  the  Common- 
wealth of  Massachusetts  at  ten  o'clock  and  fifty-five  min- 
utes, A.M.,  on  the  above  date,  and  in  accordance  with 
Article  Forty-eight  of  the  Amendments  to  the  Constitu- 
tion said  chapter  takes  effect  forthwith,  being  chapter  six 
hundred  and  sixty-five  of  the  acts  of  nineteen  hundred  and 
fifty-five. 

Edward  J.  Cronin, 
Secretary  of  the  Commonwealth. 


Acts,  1955. —  Chap.  666.  591 


An  Act  requiring  owners  and  operators  of  aircraft  Chap.QQQ 

INVOLVED  IN  ACCIDENTS  TO  PROVIDE  SECURITY,  IN  CERTAIN 
CASES,  FOR  THE  PAYMENT  OF  DAMAGES  RESULTING  FROM 
THE  OWNERSHIP  AND  OPERATION  OF  SUCH  AIRCRAFT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  90  of  the  General  Laws  is  hereby  S^^•iJ^'■• 
amended  by  inserting  after  section  49A  the  following  sec-  §§49649x7 
tions:  —  Section  498.    The  following  words,  as  used  in  sec-  ^^^''^• 
tions  forty-nine  B  to  forty-nine  R,  inclusive,  shall,  unless  the 
context  requires  otherwise,  have  the  f ollo\ving  meanings :  — 

(a)  "Judgment",  any  judgment  which  has  become  final  Definitions, 
upon  a  claim  for  damages  suffered  by  a  claimant  arising  out 
of  the  ownership,  operation,  maintenance  or  use  of  any  air- 
craft, including  damages  for  care  and  loss  of  services,  because 
of  bodily  injury  to  or  death  of  any  person  or  injury  to  or 
destruction  of  property,  including  the  loss  of  use  thereof,  or 
upon  an  agreement  of  settlement  for  such  damages. 

(6)  "Non-resident's  operating  privilege",  the  privilege 
conferred  upon  a  non-resident  by  the  commonwealth  per- 
taining to  the  operation  by  him  of  an  aircraft,  or  the  use  of 
an  aircraft  owned  by  him  therein. 

(c)  "Operator",  any  person  who  is  exercising  actual  physi- 
cal control  of  an  aircraft. 

{d)  "Owner",  any  of  the  following  persons  who  may  be 
legally  responsible  for  the  operation  of  an  aircraft :  — 

(1)  A  person  who  holds  the  legal  title  to  an  aircraft. 

(2)  A  lessee  of  an  aircraft. 

(3)  A  conditional  vendee,  a  trustee  under  a  trust  receipt 
and  a  mortgagor  or  other  person  holding  an  aircraft  subject 
to  a  security  interest. 

(e)  "Passenger",  any  person  in,  on  or  boarding  an  air- 
craft for  the  purpose  of  riding  therein,  or  alighting  therefrom 
following  a  flight  or  attempted  flight  therein. 

(/)  "Registration",  a  certificate  of  registration  of  aircraft 
engaged  in  air  navigation  or  of  operators  thereof,  issued  by 
the  commission. 

{g)  "Notice",  notice  in  writing  served  upon  a  person  by 
either:  — 

(1)  Actual  delivery  or  offer  of  delivery  to  such  person  by 
any  disinterested  person;  or 

(2)  Registered  mail  addressed  to  the  person  at  the  last 
address  known  to  the  commission. 

{h)  "State",  any  state,  the  District  of  Columbia,  any  ter- 
ritory or  possession  of  the  United  States  and  the  Common- 
wealth  of  Puerto  Rico. 

(i)  "Claimant",  any  person  having  a  claim  for  damages 
as  the  result  of  an  accident  within  the  conamon wealth  involv- 
ing an  aircraft. 

Section  J^C.     (a)  The  commission  shall  administer  and  ^"SSlf^^es 
enforce  the  p^visions  of  sections  forty-nine  B  to  forty-  apd  reguia- 
nine  R,  inclusive,  and  may  make  rules  and  regulations  neces-  *'°'^' 


592 


Acts,  1955. —  Chap.  666. 


Amount  of 
security. 


Exemption 
from  provi- 
sions. 


sary  for  the  administration  thereof,  which  shall  become  effec- 
tive ten  days  after  the  filing  of  the  same  with  the  state 
secretary. 

(b)  The  commission  shall  provide  for  hearings  upon  re- 
quest of  any  person  who  may  be  affected  by  its  orders  or  acts 
under  the  provisions  of  said  sections,  and  shall  provide  for  a 
stay  thereof  until  a  hearing  may  be  had. 

(c)  Any  person  aggrieved  by  any  order  or  act  of  the  com- 
mission, or  by  a  failure  of  the  commission  to  act  hereunder, 
may  have  judicial  review  thereof  as  provided  in  the  General 
Laws  for  judicial  review  of  the  orders  or  acts  of  administra- 
tive agencies. 

Section  49D.  (a)  Not  later  than  thirty  days  after  re- 
ceipt of  an  accident  report,  the  commission  shall  determine 
by  an  order  entered  of  record  (1)  the  amount  of  security 
within  the  limits  specified  in  section  forty-nine  E,  which  it 
deems  sufficient  to  satisfy  any  judgment  for  damages  re- 
sulting from  such  accident  which  may  be  recovered  against 
each  owner  or  operator,  and  (2)  the  name  and  address  of 
each  claimant. 

(6)  Not  later  than  thirty  days  after  the  entry  of  the  order 
required  by  subsection  (a)  the  commission,  unless  there  is 
deposited  for  the  benefit  of  the  owner  or  operator  or  both, 
security  in  the  sum  so  determined  by  the  commission,  upon 
ten  days'  notice  shall  suspend :  — 

(1)  If  the  owner  is  a  resident,  the  registration  of  the  owner 
and  the  registration  of  all  aircraft  o^vned  by  him. 

(2)  If  the  owner  is  a  non-resident,  the  non-resident's 
operating  privilege  of  the  owner  and  of  all  aircraft  owned  by 
him. 

(3)  The  registration  or  non-resident's  operating  privilege 
of  the  operator. 

(c)  The  provisions  of  subsections  (a)  and  (6)  shall  not 
apply:  — 

(1)  To  the  operator  or  the  owner  of  the  aircraft  if  the  com- 
mission determines  upon  satisfactory  evidence  that  he  is  not 
charged  with  responsibility  for  the  accident  by  a  claimant,  or 
to  the  operator  of  an  aircraft  involved  in  an  accident  in 
which  no  injury  was  caused  to  the  person  of  any  one  other 
than  the  operator,  and  no  damage  in  excess  of  one  hundred 
dollars  was  caused  to  property  not  owned,  rented,  occupied 
or  used  by  such  operator  nor  in  his  care,  custody  or  control 
nor  carried  in  or  on  the  aircraft. 

(2)  To  the  operator  or  owner  of  an  aircraft  if  at  the  time 
of  the  accident  the  aircraft  was  stationary,  wdthout  pas- 
sengers thereon  or  boarding  the  aircraft  or  alighting  there- 
from, and  the  aircraft  was  parked  in  an  area  legally  used  for 
aircraft  parking  with  no  engine  running  nor  in  the  process 
of  being  started, 

(3)  To  the  owner  of  an  aircraft  if  at  the  time  of  the  acci- 
dent the  aircraft  was  being  operated,  or  was  parked,  without 
his  permission,  express  or  imphed. 

(4)  To  the  owner  if  there  is  in  effect  at  the  time  of  the 


Acts,  1955. —  Chap.  666.  593 

accident  an  aircraft  liability  policy  or  bond  with  respect  to 
the  aircraft  involved  in  the  accident, 

(5)  To  the  operator,  if  not  the  owner  of  the  aircraft,  if 
there  is  in  effect  at  the  time  of  the  accident  an  aircraft 
liability  policy  or  bond  with  respect  to  his  operation  of  the 
aircraft  involved  in  the  accident. 

(6)  To  the  operator  or  owner  if  his  liability  for  damages 
resulting  from  such  accident  is  covered  by  any  other  form  of 
liabiUty  insurance  policy  or  bond  in  effect  at  the  time  of  the 
accident. 

(7)  To  any  person  quahfj'ing  as  a  self-insurer  under 
section  forty-nine  G,  or  to  any  person  operating  an  aircraft 
for  the  self-insui"er  for  whose  acts  the  self-insurer  is  legally 
responsible;  nor 

(8)  After  there  is  filed  with  the  commission  satisfactory 
evidence  that  the  person  otherwise  required  to  deposit 
security  has  been  released  from  liability,  or  been  adjudicated 
not  to  be  liable  by  judgment,  or  executed  a  written  agree- 
ment with  all  claimants  providing  for  payment  of  an  agreed 
amount  with  respect  to  all  claims  for  injuries  or  damages  re- 
sulting from  the  accident. 

(d)  The  provisions  of  subsection  (h)  may  be  waived  by 
the  commission,  in  its  discretion,  if  there  is  filed  with  the 
commission  by  all  claimants  consent  in  writing  that  the  per- 
son chargeable  be  allowed  continuing  operating  privilege. 
If  such  waiver  is  granted  by  the  commission,  it  shall  continue 
for  six  months  from  the  date  of  the  consent  and  thereafter 
unless  the  consent  is  revoked  in  writing. 

(e)  The  commission  may  take  the  action  authorized  hereby 
or  may  modify  or  rescind  the  same  at  any  time  necessary  to 
carry  out  the  provisions  of  sections  forty-nine  B  to  forty- 
nine  R,  inclusive,  upon  ten  days'  notice  of  the  persons 
affected  thereby. 

Section  49E.  (a)  A  policy  or  bond  provided  under  sec-  Policies  and 
tion  forty-nine  D  shall  be  issued  by  an  insurer  or  surety 
company  authorized  to  do  business  in  the  commonwealth, 
or  issued  by  an  insurer  or  surety  company  not  authorized  to 
do  business  in  the  commonwealth,  but  found  by  the  com- 
mission to  afford  adequate  protection,  and  which  has  filed 
or  shall  file  with  the  commission  a  power  of  attorney  author- 
izing the  commission  to  accept  service  on  its  behalf  of  no- 
tice or  process  in  any  action  upon  the  policy  or  bond  arising 
out  of  such  accident;  and  shall 

(1)  If  the  accident  results  in  bodily  injury  to  or  death  of 
a  person  not  a  passenger,  pro^^de  coverage  of  not  less  than 
five  thousand  dollars  because  of  bodily  injury  to  or  death  of 
one  person  in  any  accident,  and  ten  thousand  dollars  be- 
cause of  bodily  injury  to  or  death  of  two  or  more  persons  in 
any  one  accident; 

(2)  If  the  accident  involves  an  aircraft  being  operated 
for  hire  and  the  accident  results  in  bodily  injury  to  or  death 
of  a  passenger,  provide  coverage  of  not  less  than  ten  thou- 
sand dollars  because  of  bodily  injury  to  or  death  of  one  per- 


coverage. 


594 


Acts,  1955. —  Chap.  666. 


son  in  any  one  accident  and  not  less  than  ten  thousand  dol- 
lars multiplied  by  the  number  of  passenger-seats  in  the  air- 
craft because  of  bodily  injury  to  or  death  of  two  or  more 
persons  in  any  one  accident; 

(3)  If  the  accident  involves  an  aircraft  not  being  operated 
for  hire  and  the  accident  results  in  bodily  injury  to  or  death 
of  a  passenger,  provide  coverage  of  not  less  than  five  thou- 
sand dollars  because  of  bodily  injury  to  or  death  of  one  per- 
son in  any  one  accident,  and  not  less  than  five  thousand 
dollars  multiphed  by  the  number  of  passenger-seats  in  the 
aircraft  because  of  bodily  injury  to  or  death  of  two  or  more 
persons  in  any  one  accident ;  and 

(4)  If  the  accident  results  in  damage  to  or  destruction  of 
property,  provide  coverage  of  not  less  than  five  thousand 
dollars  because  of  damage  to  or  destruction  of  property  in 
any  one  accident,  with  the  exception  of  the  following  prop- 
erty which  is  exempted  from  the  security  required  under 
section  forty-nine  D:  —  property  owned,  rented,  occupied 
or  used  by,  or  in  the  care,  custody  or  control  of  the  owner  or 
operator  or  carried  in  or  on  the  aircraft. 

(6)  The  policy  or  bond  need  not  cover  any  liability  on 
account  of  bodily  injury  to  or  death  of  any  employee  of  the 
owner  or  operator  while  the  employee  is  engaged  in  the  duties 
of  his  employment;  or  any  obligation  for  which  the  owner 
or  operator  or  his  insurer  may  be  held  liable  under  any  work- 
men's compensation  law. 
pnvifege^  Sectiofi  Jf.9F .    A  registration  or  a  non-resident's  operating 

renewed  under   privilege  Suspended  under  section  forty-nine  D  shall  not  be 
^stanTCs.      restored  or  renewed  with  respect  to  the  aircraft  involved  in 
or  the  owner  or  operator  liable  for  the  accident  until :  — 

(a)  Security  is  deposited  as  required  under  section  forty- 
nine  D ;  or 

(6)  One  year  shall  have  elapsed  following  the  date  of  such 
suspension  and  satisfactory  evidence  is  filed  with  the  com- 
mission that  during  such  period  no  action  for  damages  aris- 
ing out  of  the  accident  has  been  instituted;  or 

(c)  Satisfactory  evidence  is  filed  with  the  commission  of 
a  release  from  hability,  or  a  judgment  of  non-liabihty  as  to 
all  persons  damaged  or  injured  in  the  accident,  or  a  written 
agreement,  in  accordance  with  paragraph  (8)  of  sub-section 
(c)  of  section  forty-nine  D.  If  there  is  a  default  in  pay- 
ment under  such  written  agreement,  then  upon  ten  days' 
notice  of  the  owner  or  operator,  the  commission  shall  sus- 
pend the  registration  or  non-resident's  operating  privilege 
of  such  person  defaulting,  and  the  same  shall  not  be  restored 
unless  and  until  (I)  such  person  deposits  and  thereafter 
maintains  security  as  required  under  section  forty-nine  D 
in  such  amount  as  the  commission  may  then  determine, 
within  the  limits  provided  in  section  forty-nine  E,  or  (2)  one 
year  has  elapsed  following  the  time  when  such  security  was 
required  and  during  such  period  no  action  upon  the  agree- 
ment has  been  instituted  in  a  court  of  the  commonwealth;  or 

(d)  Satisfactory  evidence  is  filed  with  the  commission  that 


Acts,  1955.  —  Chap.  666.  595 

any  judgment  against  such  person  for  damages  resulting  from 
the  accident  has  been  satisfied  in  full  or  that  there  has  been 
paid  thereon  an  amount  equal  to  the  applicable  limits  set 
forth  in  section  forty-nine  E ;  or 

(e)  Written  consent  thereto  has  been  filed  with  the  com- 
mission by  all  claimants  and  the  same  is  approved  by  the 
commission. 

Section  490.     (a)  Any  person  may  at  any  time  apply  to  Certificate  of 
the  commission  for  a  certificate  of  self-insurance,  whether  ^eif-insurance. 
or  not  there  has  occurred  an  accident  as  a  result  of  which 
he  might  be  affected  by  some  other  provision  of  sections 
forty-nine  B  to  forty-nine  R,  inclusive. 

(6)  The  commission  may  issue  a  certificate  of  self-insur- 
ance when  satisfied  that  the  appUcant  is  possessed  and  will 
continue  to  be  possessed  of  abihty  to  pay  judgments  against 
him  within  the  limits  provided  in  sections  forty-nine  B  to 
forty-nine  R,  inclusive. 

(c)  Upon  not  less  than  ten  days'  notice  of  a  self-insurer 
the  commission  may  for  reasonable  cause  cancel  a  certificate 
of  self-insurance,  and  shall  cancel  such  certificate  upon  fail- 
ure to  pay  any  judgment  within  thirty  days. 

Section  49H.  (a)  In  case  the  operator  or  owner  of  an  Non-residenta, 
aircraft  involved  in  an  accident  witliin  the  commonwealth  ^*''- 
has  no  certificate  of  registration,  or  is  a  non-resident,  he 
shall  not  be  allowed  a  certificate  of  registration  or  a  non- 
resident's operating  privilege,  until  he  has  comphed  with 
the  requirements  of  sections  forty-nine  B  to  forty-nine  R, 
inclusive. 

(h)  When  a  non-resident's  operating  privilege  is  suspended 
pursuant  to  section  forty-nine  D  or  section  forty-nine  F,  the 
commission  shall  transmit  a  certified  copy  of  the  record  of 
such  action  to  the  oflScial  or  department  regulating  the 
operation  of  aircraft  in  the  state  in  which  the  non-resident 
resides,  if  the  law  of  the  other  state  provides  for  action  in 
relation  thereto,  similar  to  that  provided  for  in  subsection 
(c). 

(c)  Upon  receipt  of  notice  that  the  operating  privilege  of 
a  resident  of  the  commonwealth  has  been  suspended  or 
revoked  in  any  other  state  pursuant  to  a  law  providing  for 
its  suspension  or  revocation  for  failure  to  deposit  security 
for  the  payment  of  judgments  arising  out  of  an  aircraft 
accident,  under  circumstances  which  would  require  the 
commission  to  suspend  a  non-resident's  operating  privilege 
had  the  accident  occurred  in  the  commonwealth,  the  com- 
mission upon  ten  days'  notice  shall  suspend  his  registration 
if  he  were  the  operator  of  an  aircraft  involved  in  the  accident, 
or  if  he  were  the  owner  of  an  aircraft  involved  in  the  accident 
and  wa^  legally  responsible  for  its  operation.  Such  suspen- 
sion shall  continue  until  the  resident  furnishes  evidence  of 
his  comphance  with  the  security  requirements  of  the  law  of 
the  other  state. 

Section  J^I.      (a)  The   security    required    under   section  Security. 
forty-nine  D  shall  be  cash  or  securities  permissible  under 


596  Acts,  1955. —  Chap.  666. 

state  law  as  security  for  deposit  of  state  funds  and  in  such 
amount  as  the  commission  may  require  but  in  no  case  in 
excess  of  the  limits  specified  in  section  forty-nine  E  in  refer- 
ence to  the  limits  of  a  policy  or  bond.  If  at  the  time  of  the 
accident  there  is  in  effect  a  liability  policy  or  a  bond  meeting 
the  requisites  of  section  forty-nine  E  other  than  the  amount 
of  coverage  set  forth  in  said  section,  the  commission  may 
consider  such  policy  or  bond  in  fLxing  the  amount  of  security. 
The  person  depositing  security  shall  specify  in  writing  the 
person  or  persons  on  whose  behalf  the  deposit  is  made  and, 
at  any  time  wliile  such  deposit  is  in  the  custody  of  the  state 
treasurer  the  person  depositing  it  may,  upon  approval  of 
the  commission,  amend  in  writing  the  specification  of  the 
person  or  persons  on  whose  behalf  the  deposit  is  made  to 
include  an  additional  person  or  persons;  provided,  however, 
that  a  single  deposit  of  security  shall  be  applicable  only  on 
behalf  of  persons  required  to  furnish  security  because  of  the 
same  accident.  Interest  and  other  income  upon  securities 
deposited  as  herein  provided  shall  be  paid  or  inure  to  the 
benefit  of  the  person  making  the  deposit. 

(6)  Upon  ten  days'  notice  of  the  parties  concerned,  the 
commission  may  reduce,  or,  within  the  limits  specified  in 
section  forty-nine  E,  increase  the  amount  of  security  ordered 
in  any  case  if  in  its  discretion  the  amount  ordered  is  excessive 
or  insufficient.  In  case  the  security  originally  ordered  has 
been  deposited,  the  excess  shall  be  returned  to  the  depositor 
notwithstanding  the  provisions  of  section  forty-nine  J. 
Substitution  of  security  shall  be  permitted. 
S^!fi^f?,°^  Section  49 J-     Security  deposited  in  compliance  with  the 

requirements  of  section  forty-nine  I  shall  be  delivered  to  the 
custody  of  the  state  treasurer  and  shall  be  released  only:  — 

(a)  Upon  certificate  of  the  commission  in  the  payment  of 
a  judgment  rendered  against  the  person  or  persons  on  whose 
behalf  the  deposit  was  made,  for  damages  arising  out  of  the 
accident  in  a  civil  action,  begun  not  later  than  one  year  after 
the  date  of  the  accident  or  within  one  year  after  the  date  of 
deposit  of  any  security  under  subsection  (c)  of  section  forty- 
nine  F  or  in  the  payment  of  a  settlement,  agreed  to  by  the 
depositor  and  all  the  claimants,  of  a  claim  or  claims  arising 
out  of  the  accident. 

(6)  Upon  certificate  of  the  commission  issued  after  ten 
days'  notice  to  all  claimants  upon  evidence  satisfactory  to 
the  commission  that  all  claims  arising  from  such  accident 
have  been  satisfied  by  either  (1)  a  release  from  liability,  or 
(2)  a  judgment  of  non-Uability,  or  (3)  a  written  agreement  in 
accordance  with  paragraph  (8)  of  subsection  (c)  of  section 
forty-nine  D  or  whenever,  after  the  expiration  of  one  year 
from  the  time  of  the  accident  or  from  the  date  of  deposit  of 
any  security  under  subsection  {c)  of  section  forty-nine  F, 
the  commission  is  given  satisfactory  evidence  that  there  is  no 
such  action  pending  and  that  no  judgment  rendered  in  any 
such  action  is  unpaid. 

(c)  Upon  the  certificate  of  the  commission  that  other 


security. 


Acts,  1955.  — Chap.  666.  597 

security  complying  "with  subsection  (a)  of  section  forty- 
nine  I  and  satisfactory  in  form,  character  and  amount,  has 
been  deposited  with  it  in  lieu  of  the  original  security  de- 
posited. 

Section  J^9K.     The   commission   shall,   upon   written   re-  Commission 
quest,  make  available  to  persons  whose  legal  rights  may  be  avl?iab!e  to 
affected  thereby,  information  and  material  developed  in  the  ['„''/^°J't?j^" 
course   of  its   administration   of  sections  forty-nine  B    to  etc. 
forty-nine  R,  inclusive. 

Section  49L.  No  transfer  of  registration  of  aircraft  of  f"g^Pt"a^jon 
which  the  owner's  registration  has  been  suspended  shall  be  transfer  of.' 
deemed  valid  or  accepted  by  the  commission,  unless  the 
transferor  or  transferee  demonstrates  to  the  satisfaction  of 
the  commission  that  the  transfer  of  registration  is  the  result 
of  a  bona  fide  transaction  of  purchase  and  sale,  and  not  for 
the  purpose,  or  with  the  effect,  of  defeating  the  purposes  of 
sections  forty-nine  B  to  forty-nine  R,  inclusive.  Nothing  in 
this  section  shall  affect  the  rights  of  any  lessor  or  conditional 
vendor,  chattel  mortgagee,  or  other  person  holding  a  security 
interest  in  any  aircraft  registered  in  the  name  of  another  as 
owner  who  becomes  subject  to  the  provisions  of  said  sec- 
tions. 

Section  4.9M.  Any  person  whose  registration  is  suspended  ^''^g[°^°i[,jj 
shall  immediately  return  his  registration  certificate  to  the  certificate. 
commission.  If  any  person  fails  or  refuses  to  return  such 
certificate  to  the  commission  it  shall  petition  the  superior 
court  for  the  county  of  Suffolk,  sitting  in  equity,  which  court 
may,  after  hearing,  order  such  person  to  return  such  cer- 
tificate to  the  commission. 

Section  I^BN.     (a)  Any  owner  or  operator  whose  registra-  Penalty  for 
tion  or  non-resident's  operating  privilege  has  been  suspended  p^fvUeK"^*^ 
or  revoked  and  who,  during  such  suspension  or  revocation,  revoked. 
operates  any  aircraft  in  the  commonwealth  or  knowingly  per- 
mits any  aircraft  owned  by  him  to  be  operated  by  another  in 
the    commonwealth,    except   as    permitted    under   sections 
forty-nine  B  to  forty-nine  R,  inclusive,  shall  be  punished  by 
a  fine  of  not  less  than  ten  dollars  nor  more  than  five  hundred 
dollars. 

(5)  Any  owner  or  operator  wilfully  faihng  to  return  his 
registrations  as  required  in  section  forty-nine  M  shall  be 
punished  by  a  fine  of  not  less  than  ten  dollars  nor  more  than 
five  hundred  dollars. 

Section  490.     Sections  forty-nine  B  to  forty-nine  R,  in-  Provisions  not 
elusive,  shall  not  apply  to  (a)  any  aircraft  owned  and  oper-  certam  pe° 
ated  by  or  leased  to  and  subject  to  the  sole  control  of  the  ^°"^- 
United  States  or  any  ci\'il  or  military  agency  of  the  United 
States  or  of  the  District  of  Columbia,  the  Commonwealth 
of  Puerto  Rico  or  any  territory  or  possession  of  the  United 
States ;   (6)  any  aircraft  owned  and  operated  by  or  leased  to 
and  subject  to  the  sole  control  of  any  state  or  agency  thereof 
or  any  political  subdivision  or  municipality  of  any  state; 
(c)  any  aircraft  owned  and  operated  by  or  leased  to  and  sub- 
ject to  the  sole  control  of  any  foreign  country  or  any  civil  or 


Acts,  1955. —  Chap.  666. 


military  agency  thereof  or  any  political  subdivision  or 
municipality  thereof;  or  (d)  any  aircraft  owned  or  being 
operated  by  a  public  air  carrier  engaged  principally  in 
regularly  scheduled  inter-state  or  foreign  air  transportation 
for  hire  under  either  a  federal  certificate  of  public  con- 
venience and  necessity  or  under  a  letter  of  registration  or 
exemption  order  issued  by  the  civil  aeronautics  board  or  its 
successor. 

Section  J^9P.  Nothing  in  sections  forty-nine  B  to  forty- 
nine  R,  inclusive,  shall  be  construed  as  precluding  any  party 
in  any  action  or  proceeding  from  employing  other  processes 
provided  by  law.  The  commission  may  proceed  at  law  or  in 
equity  in  the  enforcement  of  said  sections. 

Section  Jt9Q.  (a)  Service  of  process  as  provided  for  in 
section  fifty  shall  be  made  by  serving  the  original  thereof 
and  a  copy  of  the  declaration  upon  the  chairman  of  the  com- 
mission or  by  filing  the  same  in  his  office,  together  with  a 
fee  of  two  dollars  and  by  the  mailing  of  a  copy  of  such 
process  and  of  the  declaration  by  the  plaintiff  or  his  attorney 
to  the  defendant,  and  to  each  of  the  defendants  if  more  than 
one,  at  his  last  known  address,  within  ten  days  thereafter 
by  registered  mail.  In  lieu  of  such  maihng  to  such  defendant 
in  another  state,  plaintiff  may  cause  a  copy  of  the  declara- 
tion and  process  to  be  served  personally  in  such  other  state 
upon  such  defendant  by  any  disinterested  person,  by  actually 
delivering  the  same  to  such  defendant  or  by  offering  to  make 
such  deUvery  in  case  the  defendant  refuses  to  accept  dehvery. 

(6)  Proof  of  the  service  of  such  process  upon  the  chair- 
man of  the  commission  or  the  filing  thereof  in  his  office,  and 
proof  of  the  mailing  or  personal  delivery  thereof  to  the  de- 
fendant shall  be  made  by  the  affidavit  of  the  person  doing 
the  acts,  which  shall  be  filed  in  the  office  of  the  clerk  of  the 
court  in  which  the  suit  is  filed.  Process  shall  be  deemed  to 
be  completed  upon  the  fifing  of  such  affidavit  and  of  the 
original  registry  receipt  if  service  is  obtained  by  mail. 

Section  49R.  A  discharge  in  bankruptcy  shall  not  re- 
lieve any  person  from  the  requirements  of  sections  forty- 
nine  B  to  forty-nine  Q,  inclusive. 

Section  49S.  The  provisions  of  sections  forty-nine  B  to 
forty-nine  R,  inclusive,  are  hereby  declared  to  be  severable 
and  if  any  such  provision  or  the  appHcation  of  any  such  pro- 
vision to  any  person  or  circumstance  shall  be  held  to  be 
invafid  or  unconstitutional,  such  invafidity  or  unconstitu- 
tionahty  shall  not  be  construed  to  affect  the  vafidity  or  con- 
stitutionality of  the  remaining  provisions  of  said  sections. 

Section  49T.  Sections  forty-nine  B  to  forty-nine  R,  in- 
clusive, may  be  cited  as  the  Uniform  Aircraft  Financial 
Responsibifity  Act,  and  shall  be  so  interpreted  and  con- 
strued as  to  effectuate  its  general  purpose  to  make  uniform 
the  laws  of  those  states  enacting  fike  laws. 

Section  2.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  fifty-six.     Approved  August  10, 1955. 


Acts,  1955.  — Chaps.  667,  668,  669.  599 


An  Act  authorizing  the  county  commissioners  of  the  C hap. 6Q7 

COUNTY  OF  WORCESTER  TO  USE  CERTAIN  MONIES  IN  THE 
POST-WAR  REHABILITATION  FUND  FOR  ADDITIONAL  AC- 
COMMODATIONS AND  FACILITIES  FOR  THE  COURTS  AND 
COUNTY   DEPARTMENTS   OF  WORCESTER   COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  2  of  chapter  98  of  the  acts  of  1932,  as  most  re- 
cently amended  by  section  1  of  chapter  129  of  the  acts  of 
1953,  is  hereby  further  amended  by  adding  at  the  end  the 
following :  —  The  count}''  commissioners  of  said  county  are 
hereby  authorized  to  sell  bonds  purchased  by  the  county 
under  authority  of  chapter  five  of  the  acts  of  nineteen  hun- 
dred and  forty-three  and  apply  the  proceeds  thereof,  plus 
any  accumulated  interest,  to  such  extent  as  they  deem  ad- 
visable, for  the  purposes  set  forth  in  section  one. 

Approved  August  10,  1955. 

An  Act  authorizing  certain  additional  emergency  ex-  Chaj)  668 

PENDITURES  IN  THE  FISCAL  YEAR  NINETEEN  HUNDRED  AND 
FIFTY-SIX. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  2  of  chapter  497  of  the  acts  of  1955, 
as  amended  by  section  1  of  chapter  620  of  the  acts  of  the 
current  year,  is  hereby  further  amended  by  striking  out  the 
figures  "15",  and  inserting  in  place  thereof  the  figures:  — 
31,  —  so  as  to  read  as  follows:  —  Section  2.  This  act  shall 
cease  to  be  operative  upon  the  enactment  into  law  of  the 
general  appropriation  bill  for  the  fiscal  year  1956  or  on 
August  31,  1955,  whichever  is  the  earlier,  and  all  action 
taken  under  this  act  shall  apply  against  said  appropriation 
act. 

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

Approved  August  11,  1955. 

An  Act  requiring  water  closets  and  washing  facilities  nhruj  fifiQ 
in  railroad  establishments.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  149  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  133,  as  amended  by  sec-  f^sa/etc., 
tion  2  of  chapter  373  of  the  acts  of  1955,  and  inserting  in  amended. ' 
place  thereof  the  following  section:  —  Section  183.    In  every  Toilet 
industrial  establishment  and  railroad  estabhsbment  there  f'*'''^^*'^^- 
shall  be  provided  suitable,  adequate  and  convenient  water 
closets  and  washing  facihties,  separate  for  each  sex  and 
plainly  so  designated,  of  such  number,  in  such  location,  and 
so  constructed,  lighted,  ventilated,  arranged  and  maintained 
as  may  be  determined  by  such  reasonable  rules  and  regula- 
tions as  the  department  may  adopt.     No  person  shall  be 
allowed  to  use  a  closet  or  privy  provided  for  the  use  of  per- 


600  Acts,  1955.  — Chap.  670. 

sons  of  the  opposite  sex.  If  any  such  estabhshment  is  so 
located  that  a  connection  -with  a  sewer  system  is,  in  the 
opinion  of  the  department,  impossible  or  impracticable,  it 
shall  pro\dde  such  suitable  toilet  and  washing  facilities  as 
the  department  may  require.  For  the  purposes  of  this  sec- 
tion the  term  "industrial  estabhshment"  shall  be  deemed 
to  include  public  garages  and  premises  used  by  express, 
trucking  and  transportation  companies  where  persons  are 
employed.  For  the  purposes  of  this  section  the  term  "rail- 
road establishment"  shall  be  deemed  to  mean  that  part, 
division  or  branch  of  any  railroad  in  which  three  or  more 
persons  are  employed  except  where  toilet  and  washing  fa- 
cilities are  maintained  for  public  use. 

Section  2.     The  rules  and  regulations  for  toilets  in  in- 
dustrial establishments,  adopted  by  the  department  of  labor 
and  industries,  shall  be  appHcable  to  railroads  on  and  after 
the  effective  date  of  this  act. 
EdVieo'^'  Section  3.     Section  one  hundred  and  eighty-five  A  of 

§  i'85A,  etc.,      chapter  one  hundred  and  sixty  of  the  General  Laws,  in- 
repeaied.  scrtcd  by  chapter  three  hundred  and  thirty-three  of  the  acts 

of  nineteen  hundred  and  forty-three,  is  hereby  repealed. 

Approved  August  11,  1956. 

Chap. 670  An  Act  relative  to  increasing  the  amounts  of  pen- 
sions, RETIREMENT  ALLOWANCES  AND  ANNUITIES  PAYABLE 
TO    CERTAIN    FORMER    PUBLIC    EMPLOYEES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  annual  amount  of  every  pension,  retire- 
ment allowance  or  annuity  payable  under  any  general  or 
special  law  by  the  commonwealth  or  by  any  county,  city, 
town  or  district  to  any  former  employee  who  was  separated 
from  the  service  prior  to  April  first,  nineteen  hundred  and 
fifty-one,  whose  sole  or  principal  employment  was  in  the 
service  of  the  commonwealth  or  any  of  its  pohtical  subdivi- 
sions, including  teachers  who  at  the  time  of  their  retirement 
had  attained  age  sixty  and  had  at  least  twenty  years  of 
creditable  service,  shall  be  increased  by  two  hundred  dollars; 
provided,  that  no  such  increase  shall  be  made  in  the  case  of 
any  pension,  retirement  allowance  or  annuity  which  is  in 
excess  of  two  thousand  dollars,  exclusive  of  any  amount  of 
additional  annuity  obtained  by  special  purchase  as  provided 
under  paragraph  (g)  of  subdivision  (1)  of  section  twenty-two 
of  chapter  thirty-two  of  the  General  Laws,  or  under  any 
similar  law,  and  no  such  increase  shall  be  made  which  will 
make  the  total  annual  amount  of  such  pension,  retirement 
allowance  or  annuity,  exclusive  of  any  such  additional  an- 
nuity, exceed  two  thousand  dollars;  and  provided,  further, 
that  if  the  total  annual  amount  of  any  such  pension,  retire- 
ment allowance  or  annuity  as  so  increased,  payable  to  any 
former  employee,  whose  sole  or  principal  employment  was 
in  the  service  of  the  commonwealth  or  any  of  its  political 
subdivisions  who  was  separated  from  the  service  by  super- 


Acts,  1955.  — Chap.  670.  601 

annuation  retirement,  and  at  the  time  of  such  retirement 
had  attained  age  sixty  and  had  at  least  twenty-five  years  of 
creditable  service,  is  less  than  fourteen  hundred  dollars,  ex- 
clusive of  any  additional  annuity  obtained  by  special  pur- 
chase, it  shall  be  increased  to  fourteen  hundred  dollars,  and 
if  the  total  annual  amount  of  any  such  pension,  retirement 
allowance  or  annuity  as  so  increased,  payable  to  any  former 
employee,  whose  sole  or  principal  employment  was  in  the 
service  of  the  commonwealth  or  any  of  its  political  sub- 
divisions who  was  separated  from  the  service  by  superannua- 
tion retirement,  and  at  the  time  of  such  retirement  had 
attained  age  sixty-five  and  had  at  least  thirty-five  years  of 
creditable  service,  is  less  than  seventeen  hundred  dollars, 
exclusive  of  any  additional  annuity  obtained  by  special  pur- 
chase, it  shall  be  increased  to  seventeen  hundred  dollars. 

Section  2.  The  annual  amount  of  any  pension,  retire- 
ment allowance  or  annuity  payable  under  any  general  or 
special  law  by  the  commonwealth,  or  by  any  county,  city, 
town  or  district  to  any  former  employee,  including  teachers, 
who  was  retired  from  the  service  for  disabihty  caused  by 
accident  or  hazard  undergone  while  in  the  performance  of 
his  duties,  regardless  of  years  of  creditable  service,  shall  be 
increased  by  two  hundred  dollars;  provided,  that  no  such  in- 
crease shall  be  paid  under  this  section  if  a  person  is  eligible 
to  an  increase  under  section  one  of  this  act;  and  further  pro- 
vided, that  no  such  increase  shall  be  made  if  the  pension, 
retirement  allowance  or  annuity,  payable  to  such  former  em- 
ployee is  in  excess  of  two  thousand  dollars,  exclusive  of  any 
additional  annuity  obtained  by  special  purchase  and  no  such 
increase  shall  be  made  which  will  make  the  total  annual 
amount  of  such  pension,  retirement  allowance  or  annuity  ex- 
ceed two  thousand  dollars,  exclusive  of  any  such  additional 
annuity. 

Section  3.  The  annual  amount  of  any  annuity  or  allow- 
ance in  effect  prior  to  April  first,  nineteen  hundred  and  fifty- 
one  and  paj^able  under  the  provisions  of  section  nine,  eighty- 
nine,  eighty-nine  A  or  under  options  (c)  or  (d)  of  subdivision 
(2)  of  section  twelve  of  chapter  thirty-two  of  the  General 
Laws,  or  any  similar  law,  to  the  widow  of  any  deceased  em- 
ployee of  the  commonwealth  or  of  any  county,  city,  town 
or  district,  shall  be  increased  by  one  hundred  dollars;  pro- 
vided, that  the  total  amount  of  such  annuity  or  allowance 
as  so  increased  shall  not  exceed  two  thousand  dollars  and 
that  the  member  whose  widow  is  receiving  a  pension  under 
said  options  (c)  or  {d\  had  at  least  fifteen  years  of  creditable 
service;  and  further  *  provided,  that  such  widow  does  not 
remarry. 

Section  4.  The  increases  granted  under  this  act  with 
respect  to  pensions,  retirement  allowances  or  annuities  pay- 
able by  the  commonwealth  or  by  the  teachers'  retirement 
system  shall  take  effect  on  January  first,  nineteen  hundred 
and  fifty-six.  The  increases  granted  under  this  act  with  re- 
spect to  pensions,  retirement  allowances  or  annuities  pay- 


602  Acts,  1955. —  Chap.  671. 

able  by  any  county,  city,  town  or  district  shall  toke  effect 
when  accepted  in  a  county  by  the  county  commissioners 
thereof;  in  a  city  having  a  Plan  D  or  Plan  E  charter,  by 
the  affirmative  vote  of  a  majority  of  all  the  members  of  the 
city  council;  in  a  city  not  having  such  a  charter  by  vote  of 
the  city  council,  subject  to  the  provisions  of  the  charter  of 
such  city;  in  a  town,  by  a  majority  vote  at  a  town  meeting; 
and  in  a  district,  by  its  prudential  committee. 

Section  5.  Any  former  employee  of  the  commonwealth 
or  any  of  its  poUtical  subdivisions  who  is  entitled  to  the  in- 
crease granted  by  this  act  may  waive  and  renounce  for  him- 
self, his  heirs  and  legal  representatives  his  right  to  receive 
such  increase  by  fihng  with  the  treasurer  of  the  governmental 
unit  paying  his  pension,  retirement  allowance  or  annuity  a 
written  statement  wherein  he  waives  and  renounces  such 
right  as  aforesaid.  Nothing  in  this  section  shall  be  construed 
to  otherwise  affect  the  pension,  retirement  allowance  or  an- 
nuity payable  to  the  person  fiUng  such  a  written  statement. 

Section  6.  This  act  shall  not  apply  to  the  pension  to  be 
used  for  reimbursement  purposes  under  paragraph  (c)  of  sub- 
division (2)  of  section  twenty  of  chapter  thirty-two  of  the 
General  Laws  on  account  of  teachers  retired  by  the  city 
of  Boston.  Approved  August  11,  1956. 


Chap. 671  An  Act  authorizi^^g  the  establishment  of  the  mount 

PLEASANT    SEWER    DISTRICT    WITHIN    THE    LIMITS    OF    THE 
TOWN    OF   LEICESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  inhabitants  of  the  town  of  Leicester 
liable  to  taxation  in  said  town  and  residing  within  the  terri- 
tory comprised  within  the  following  lines,  to  wit: 

Beginning  at  a  point  at  the  southwesterly  corner  of  the 
Leicester  Water  District ;  thence  in  a  southerly  direction  by 
the  westerly  boundaries  of  the  Hillcrest  Water  District  and 
the  Rochdale  section  of  the  Cherry  Valley  and  Rochdale 
Water  District  to  the  southerly  boundary  line  of  the  town  of 
Leicester;  thence  in  a  westerly  direction  by  and  along  said 
line  to  the  easterly  line  of  the  town  of  Spencer  boundary; 
thence  by  and  along  the  Spencer  and  Leicester  boundary 
line  to  a  point  at  the  intersection  of  the  Paxton  and  Leices- 
ter town  line;  thence  in  an  easterly  direction  by  and  along 
the  Leicester  and  Paxton  boundary  line,  nine  thousand  seven 
hundred  and  fifty  feet  to  a  point;  thence  in  a  southeasterly 
direction  twelve  thousand  feet,  more  or  less  to  the  north- 
westerly corner  of  the  Leicester  Water  District;  thence  by 
and  along  the  westerly  line  of  the  Leicester  Water  District 
five  thousand  two  hundred  and  eighty  feet  to  the  point  of 
beginning,  shall  constitute  a  sewer  district  and  are  hereby 
made  a  body  corporate  by  the  name  of  Mount  Pleasant 
Sewer  District,  hereinafter  called  the  district,  for  the  pur- 
pose of  laying  out,  constructing,  maintaining  and  operating 


Acts,  1955.  —  Chap.  671.  603 

a  system  or  systems  of  common  sewers  for  a  part  or  the 
whole  of  the  territory  herein  described  with  such  connec- 
tions and  other  works  as  may  be  required  for  a  system  of 
sewage  disposal,  and  may  construct  such  sewers  in  said  dis- 
trict as  may  be  necessary,  and  for  the  purpose  of  assessing 
and  raising  taxes  as  provided  herein  for  the  payment  of 
such  services,  and  for  defraying  the  necessary  expenses  of 
carrying  on  the  business  of  said  district,  subject  to  all  gen- 
eral laws  now  or  hereafter  in  force  relating  to  such  districts, 
except  as  otherwise  provided  herein.  The  district  shall  have 
power  to  prosecute  and  defend  all  actions  relating  to  its 
property  and  affairs. 

Section  2.  Any  meeting  of  the  voters  of  the  territory 
included  within  the  boundaries  set  forth  in  section  one  to  be 
held  prior  to  the  acceptance  of  this  act,  and  any  meeting  of 
the  voters  of  the  district  to  be  held  prior  to  the  quahfication 
of  a  majority  of  the  sewer  commissioners,  shall  be  called  on 
petition  of  ten  or  more  legal  voters  therein,  by  a  warrant 
from  the  selectmen  of  said  town,  or  from  a  justice  of  the 
peace,  directed  to  one  of  the  petitioners,  requiring  him  to  give 
notice  of  the  meeting  by  posting  copies  of  the  warrant  in 
two  or  more  public  places  in  the  district  seven  days  at  least 
before  the  time  of  the  meeting.  Such  justice  of  the  peace,  or 
one  of  the  selectmen,  shall  preside  at  such  meeting  until 
a  clerk  is  chosen  and  sworn,  and  the  clerk  shall  preside  until 
a  moderator  is  chosen.  At  any  meeting  held  hereunder  prior 
to  the  acceptance  of  this  act,  after  the  choice  of  a  moderator 
for  the  meeting  the  question  of  the  acceptance  of  this  act 
shall  be  submitted  to  the  voters,  and  if  it  is  accepted  by  a 
majority  of  the  voters  present  and  voting  thereon  it  shall 
thereupon  take  effect,  and  the  meeting  may  then  proceed  to 
act  on  the  other  articles  in  the  warrant.  After  the  qualifica- 
tion of  a  majority  of  the  sewer  commissioners,  meetings  of 
the  district  shall  be  called  by  warrant  under  their  hands, 
unless  some  other  method  be  pro\dded  by  by-law  or  vote  of 
the  district. 

Section  .3.  The  district  shall  elect  by  ballot  at  any  dis- 
trict meeting  not  later  than  the  second  annual  meeting  after 
the  commencement  of  construction  hereunder  of  a  system  of 
sewerage  and  sewage  disposal,  a  board  of  three  sewer  com- 
missioners who  shall  be  citizens  of  the  town,  to  hold  office, 
if  elected  at  an  annual  meeting,  one  until  the  expiration  of 
one  year,  one  until  the  expiration  of  two  years,  and  one  until 
the  expiration  of  three  j'-ears,  from  such  annual  district  meet- 
ing, and  until  their  successors  are  qualified,  or,  if  elected  at 
a  special  meeting,  one  until  the  expiration  of  one  year,  one 
until  the  expiration  of  two  years,  and  one  until  the  expira- 
tion of  three  j^ears,  from  the  next  succeeding  annual  district 
meeting,  and  until  their  successors  are  qualified,  and  there- 
after, at  each  annual  district  meeting  when  the  term  of  a 
member  expires,  the  district  shall  elect  one  member  of  the 
board  to  serve  for  three  years  and  until  his  successor  is 
qualified. 


604  Acts,  1955. —  Chap.  671. 

Section  4.  Said  board  of  sewer  commissioners,  acting  for 
and  on  behalf  of  said  district,  may  take  by  eminent  domain 
under  chapter  seventy-nine  of  the  General  Laws,  or  acquire 
by  purchase  or  otherwise,  any  lands,  rights  of  way  or  ease- 
ments, public  or  private,  in  said  district,  necessary  for  ac- 
complishing any  purpose  mentioned  in  this  act,  and  may 
construct  such  main  drains  and  sewers  under  or  over  any 
bridge,  railroad,  railway,  boulevard  or  other  pubUc  way,  or 
wdthin  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;  pro- 
vided, that  they  shall  not  take  in  fee  any  land  of  a  railroad 
corporation,  and  that  they  shall  not  enter  upon  or  construct 
any  drain  or  sewer  within  the  location  of  any  railroad  cor- 
poration except  at  such  time  and  in  such  manner  as  they 
may  agree  upon  with  such  corporation,  or,  in  case  of  failure 
to  agree,  as  may  be  approved  by  the  department  of  public 
utilities. 

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  meeting  after  the  com- 
mencement of  the  work  of  construction  authorized  hereby, 
the  district  may  carry  on  such  work  by  a  duly  authorized 
committee  of  the  district.  The  committee  shall  serve  with- 
out pay  and  shall  have  all  the  powers  and  authority  given 
to  the  board  of  sewer  commissioners  in  this  act  or  by  gen- 
eral law.  Whenever  the  phrase  "said  board  of  sewer  com- 
missioners" or  "said  board"  hereinafter  occurs,  it  shall  mean 
and  include  the  board  of  sewer  commissioners,  or  the  com- 
mittee of  the  district  provided  for  in  this  section,  as  the  case 
may  be. 

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

Section  7.  The  district  shall,  by  vote,  determine  what 
proportion  of  the  cost  of  said  system  or  systems  of  sewerage 
and  sewage  disposal  the  district  shall  pay ;  provided,  that  it 
shall  pay  not  less  than  one  fourth  nor  more  than  two  thirds 
of  the  whole  cost.  In  providing  for  the  payment  of  the  re- 
maining portion  of  the  cost  of  said  system  or  systems,  or  for 
the  use  of  said  system  or  systems,  the  district  may  avail  it- 
self of  any  or  all  of  the  methods  permitted  by  general  laws, 
and  the  provisions  of  said  general  laws  relative  to  the  assess- 
ment, apportionment,  division,  reassessment,  abatement  and 
collection  of  sewer  assessments,  to  liens  therefor  and  to  in- 
terest thereon,  shall  apply  to  assessments  made  under  this 
act,  except  that  interest  shall  be  at  the  rate  of  six  per  cent 
per  annum.  At  the  same  meeting  at  which  it  determines  the 
proportion  of  the  cost  which  is  to  be  borne  by  the  district, 
it  may  by  vote  determine  V)y  which  of  such  methods  the  re- 


Acts,  1955. —  Chap.  671.  605 

maining  portion  of  said  cost  shall  be  provided  for.  The  col- 
lector of  taxes  of  said  town  shall  certify  the  payment  or  pay- 
ments of  such  assessments  for  apportionments  thereof  to  the 
sewer  commissioners,  who  shall  preserve  a  record  thereof. 
Whenever  a  tax  is  duly  voted  by  the  district  for  the  purposes 
of  this  act,  the  clerk  shall  send  a  certified  copy  of  the  vote 
to  the  assessors  of  said  town,  who  shall  assess  the  same  on 
property  ^dthin  the  district  in  the  same  manner  in  all  re- 
spects in  which  town  taxes  are  required  by  law  to  be  assessed ; 
provided,  that  no  estate  shall  be  subject  to  any  tax  assessed 
on  account  of  the  system  of  sewerage  under  this  act,  if,  in  the 
judgment  of  the  board  of  sewer  commissioners  herein  pro- 
vided for,  after  a  hearing,  due  notice  whereof  shall  have  been 
given,  such  estate  is  so  situated  that  it  will  receive  no  aid 
from  the  said  sewerage  system,  or  if  such  estate  is  so  situated 
that  the  buildings  thereon,  or  the  buildings  that  might  be 
constructed  thereon,  could  not  be  connected  with  the  said 
system  in  any  ordinary  or  reasonable  manner;  but  all  other 
estates  in  the  district  shall  be  deemed  to  be  benefited  and 
shall  be  subject  to  such  tax.  A  certified  hst  of  the  estates 
exempt  from  taxation  under  the  provisions  of  this  section 
shall  annually  be  sent  by  said  board  of  sewer  commissioners 
to  said  assessors,  at  the  same  time  at  which  the  clerk  shall 
send  a  certified  copy  of  the  vote  as  aforesaid.  The  assess- 
ment shall  be  committed  to  the  town  collector,  who  shall 
collect  said  tax  in  the  manner  provided  by  law  for  the  col- 
lection of  to^vn  taxes,  and  shall  deposit  the  proceeds  thereof 
with  the  district  clerk  for  the  use  and  benefit  of  the  district. 
The  district  may  collect  interest  on  overdue  taxes  in  the  man- 
ner in  which  interest  is  authorized  to  be  collected  on  town 
taxes. 

Section  8.  For  the  purpose  of  paying  the  necessary 
expenses  and  liabihties  incurred  under  this  act,  the  district 
may  from  time  to  time,  within  five  years  after  the  passage 
of  this  act,  borrow  such  sums  as  may  be  necessary,  not  ex- 
ceeding, in  the  aggregate,  four  hundred  thousand  dollars, 
and  may  issue  bonds  or  notes  therefor,  which  shall  bear  on 
their  face  the  words.  Mount  Pleasant  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  provided  herein,  be  subject  to  chapter  forty-four  of  the 
General  Laws. 

Section  9.  The  receipts  from  sewer  assessments  and 
from  payments  made  in  lieu  thereof  shall  be  applied  to  the 
payment  of  charges  and  expenses  incident  to  the  mainte- 
nance and  operation  of  said  system  of  sewerage  and  sewage 
disposal  or  to  the  extension  thereof,  to  the  payment  of 
interest  upon  bonds  or  notes  issued  for  sewer  purposes  or  to 
the  payment  or  redemption  of  such  bonds  or  notes. 

Section  10.  Said  board  of  sewer  commissioners  may 
annually  appoint  a  clerk  and  may  appoint  a  superintendent 


Acts,  1955. —  Chap.  671. 

of  sewers  who  shall  not  be  a  member  of  the  board,  and  shall 
define  their  duties.  It  may  remove  the  clerk  or  superin- 
tendent at  its  pleasure.  Said  board  may,  in  its  discretion, 
prescribe  for  the  users  of  said  sewer  systems  such  annual 
rentals  or  charges  based  on  the  benefits  derived  therefrom 
as  it  may  deem  proper,  subject,  however,  to  such  rules  and 
regulations  as  may  be  fixed  by  vote  of  the  district. 

Section  11.  All  contracts  made  by  the  board  of  sewer 
commissioners  shall  be  made  in  the  name  of  the  district  and 
shall  be  signed  by  the  board,  but  no  contract  shall  be  made 
or  obligation  incurred  by  said  board  for  any  purpose  in  ex- 
cess of  the  amount  of  money  appropriated  by  the  district 
therefor. 

Section  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  published 
in  the  town  of  Leicester,  if  there  be  any,  and  if  not,  then  in 
some  newspaper  published  in  the  county  of  Worcester,  and 
shall  not  take  effect  until  such  publications  have  been  made. 

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

Section  14.  Upon  a  petition  in  writing  addressed  to 
said  board  of  sewer  commissioners  requesting  that  certain 
real  estate,  accurately  described  therein,  located  in  said 
town  and  abutting  on  said  district  and  not  otherwise  served 
by  a  suitable  means  of  sewage  disposal  be  included  within 
the  Umits  thereof,  and  signed  by  the  owners  of  such  real 
estate,  or  a  majority  thereof,  said  sewer  commissioners  shall 
cause  a  duly  warned  meeting  of  the  district  to  be  called,  at 
which  meeting  the  voters  may  vote  on  the  question  of  in- 
cluding said  real  estate  within  the  district.  If  a  majority 
of  the  voters  present  and  voting  thereon  vote  in  the  affirma- 
tive the  district  clerk  shall  within  ten  days  file  with  the 
town  clerk  of  said  town  and  \vith  the  state  secretary  an 
attested  copy  of  said  petition  and  vote;  and  thereupon  said 
real  estate  shall  become  and  be  part  of  tlie  district  and  shall 
be  holden  under  this  act  in  the  same  manner  and  to  the 
same  extent  as  the  real  estate  described  in  section  one. 


Acts,  1955.  —  Chap.  672.  607 

Section  15.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  voters  of  said  district  voting 
thereon  at  an  annual  or  special  meeting  within  five  years  of 
its  passage.  Approved  August  11,  1965. 

An  Act  extending  certain  powers  of  acquiring  land  Chap. 672 

TO   THE   commissioner   OF   NATURAL   RESOURCES. 

Be  it  enacted,  etc.,  as  follows: 

Section  3  of  chapter  132A  of  the  General  Laws,  as  appear-  g.  l.  (Ter. 
ing  in  the  Tercentenary  Edition,  is  hereby  amended  by  f  a'.^kmen^'ed. 
striking  out  the  first  sentence  and  inserting  in  place  thereof 
the  following  sentence:  —  The  commissioner  may,  from  time  Acquiring 
to  time  within  the  limits  of  appropriations  made  therefor,  [ecreitionai 
acquire  for  the  commonwealth,  by  purchase,  lease  or  other-  facilities, 
wise  except  by  eminent  domain,  any  lands  suitable  for  pur- 
poses of  conservation  or  recreation  lying  outside  of  the  met- 
ropolitan parks  district,  and  may  lay  out  and  maintain  such 
lands  for  such  purposes  and  erect  and  maintain  such  struc- 
tures and  other  facilities  thereon  as  may  be  necessary  to 
render    such    lands    reasonably    available    and    accessible 
therefor.  Approved  August  11,  1955. 

The  Commonavealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  September  1,  1955. 

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

Sir:  —  I,  Christian  A.  Herter,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment 
to  the  Constitution,  "The  Referendum  II,  Emergency 
Measure",  do  declare  that  in  my  opinion,  the  immediate 
preservation  of  the  public  convenience  requires  that  the 
law  signed  by  me  on  the  eleventh  day  of  August  m  the 
year  one  thousand  nine  hundred  and  fifty-five,  being  Chap- 
ter G72  of  the  Acts  of  1955,  entitled,  "An  Act  extending 
Certain  Powers  of  acquiring  Land  to  the  Commissioner  of 
Natural  Resources",  should  take  effect  forthwith  and  that 
it  is  an  emergency  law  and  that  facts  constituting  the 
emergenc}^  are  as  follows: 

The  Federal  Government  is  in  process  of  completing  all 
its  necessary  arrangements  for  conveying  certain  lands  to 
the  Commonwealth  which  will  come  under  the  jurisdiction 
of  the  Commissioner  of  Natural  Resources  and  the  delaj'^ed 
operation  of  this  legislation  would  hinder  the  Common- 
wealth's action  in  relation  to  the  transfer.  It  is,  therefore, 
necessary  that  the  legislation  referred  to  above  should  take 
effect  forthwith. 

Very  truly  yours. 

Christian  A.  Herter, 
Governor  of  the  Commonwealth. 


60S  Acts,  1955.  —  Chaps.  673,  674. 

Office  of  the  Secretary,  Boston,  September  1,  1955 

I,  Edward  J.  Cronin,  Secretary  of  the  Commonwealth, 
hereby  certify  that  the  accompanymg  statement  was  filed  in 
this  office  by  His  Excellency  the  Governor  of  the  Common- 
wealth 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  six  hun- 
dred and  seventy-two  of  the  acts  of  nineteen  hundred  and 
fifty-five. 

Edward  J.  Cronin, 
Secretary  of  the  Commonwealth. 

Chap.Q73  An  Act  providing  for  a  civil  service  examination  for 

APPOINTMENT    TO    THE    POLICE    FORCE    OF    THE    TOWN    OF 
LEE. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  the  provisions  of  any  gen- 
eral or  special  law,  an  examination  shall  be  held  by  the 
director  of  civil  service  for  appointment  to  the  police  force 
in  the  town  of  Lee  witliin  six  months  from  the  effective 
date  of  this  act,  for  which  a  maximum  age  limit  of  not  more 
than  forty-five  years  shall  be  fixed. 

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

Approved  August  11,  1955. 

Chap.Q74:  An  Act  to  permit  judgment  in  actions  of  contract  in 
which  there  is  no  dispute  of  fact. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  SECTION  L     Chapter  231  of  the  General  Laws  is  hereby 

§59,'etc^,'         amended  by  striking  out  section  59,  as  amended  by  chapter 
amended.         359  Qf  ^]^q  ^cts  of  1955,  and  the  caption  immediately  pre- 
ceding it  as  appearing  in  the  Tercentenary  Edition,  and  in- 
serting in  place  thereof,  under  the  caption  motion  for  judg- 

New  caption.       MENT    ON    UNDISPUTED    FACTS,    the    following   SCCtion: SeC- 

judgm'ent'on  tton  59.  Li  any  action  of  contract,  except  an  action  against 
Fa^ts^''"^'"^  an  executor  or  administrator  for  liability  of  the  deceased,  at 
any  time  after  the  completion  of  the  pleadings  counsel  for 
either  party  may  file  an  affidavit  that  in  his  belief  there  is  no 
genuine  issue  of  material  fact  but  only  questions  of  law  in 
connection  with  all  or  some  part  of  the  action,  or  of  some 
issue  determinative  thereof,  and  may  move  for  an  immedi- 
ate entry  of  judgment  thereon.  Said  motion  may  be  ac- 
companied by  affida\ats  on  personal  knowledge  of  admissible 
facts  as  to  which  it  appears  affirmatively  that  the  affiants 
would  be  competent  to  testify.  The  facts  stated  in  the 
accompanying  affidavits  shall  be  taken  to  be  admitted  for 
the  purpose  of  the  motion  unless  within  twenty-one  days,  or 
such  further  time  as  the  court  mo-y  order,   contradictory 


Acts,  1955.  —  Chap.  675.  609 

affidavits  are  filed,  or  the  opposing  party  shall  file  an  affi- 
davit showing  specifically  and  clearly  reasonable  grounds 
for  believing  that  contradiction  can  be  presented  at  the 
trial  but  cannot  be  furnished  by  affidavits.  Copies  of  all 
motions  and  affidavits  hereunder  shall  be  furnished  upon 
filing  to  opposing  counsel.  If  admissions  in  the  pleadings, 
interrogatories  or  admissions  under  section  sixty-nine,  stipu- 
lations or  affidavits  hereunder  show  affirmatively,  that  ex- 
cept as  to  the  amount  of  damages  no  genuine  issue  of  ma- 
terial facts  exists  and  that  there  is  nothing  to  be  decided 
except  questions  of  law,  an  order  for  default,  or  judgment 
for  the  moving  party,  shall  forthwith  be  entered  if  he  shall 
be  entitled  thereto  as  a  matter  of  law,  subject  to  an  assess- 
ment of  damages,  if  required. 

Section  2.    Said  chapter  231  is  hereb}^  further  amended  ^^^2!^" 
by  striking  out  section  59A,  as  appearing  in  the  Tercentenary  §  soAf 
Edition,  and  inserting  in  place  thereof,  under  the  caption  '^'"®"'^*^  • 
ADVANCING  CAUSES  FOR  SPEEDY  TRIAL,  the  following  Sec- 
tion: —  Section  59 A.    In  any  action  at  law  or  suit  in  equity  Advancing 
in  the  supreme  judicial  court  or  in  the  superior  court,  the  speedy  trial, 
court  may,  on  motion  for  cause  shown,  advance  said  action 
or  suit  for  speedy  trial.     If,  in  an  action  removed  by  the 
defendant  from  a  district  court,  the  court  is  satisfied,  upon 
an  inspection  of  the  declaration,  that  the  plaintiff  seeks  to 
recover  solely  for  his  personal  labor,  with  or  without  interest, 
the  court  shall,  upon  motion,  advance  such  action  for  speedy 
trial.     In  any  action  removed  by  the  defendant  from  the 
district  court,  in  which  the  ad  damnum  is  not  more  than  two 
thousand  dollars,  the  court  shall  upon  motion  advance  such 
action  for  speedy  trial.  Approved  August  15,  1955. 

An  Act  establishing  a  board  of  schoolhouse  struc-  Chap.Q75 

TURAL   standards. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  promote  the  construction  of  schoolhouses 
in  the  commonwealth  by  the  establishment  of  reasonable 
structural  standards,  there  is  herebj^  established  for  three 
years  in  the  department  of  public  safety  but  not  under  the 
control  of  the  commissioner,  a  board  of  schoolhouse  struc- 
tural standards,  which  shall  consist  of  the  commissioner  of 
public  safety,  the  chief  of  inspections  of  said  department  and 
the  administrator  of  the  school  building  assistance  commis- 
sion, ex-officiis,  with  the  same  powers  and  duties  as  other 
members  of  the  board,  and  four  members  to  be  appointed 
b}'-  the  governor,  with  the  advice  and  consent  of  the  council. 
The  governor,  with  the  advice  and  consent  of  the  council, 
shall  from  time  to  time  designate  one  member  of  said  board 
as  chairman. 

No  member  shall  act  as  a  member  of  the  board,  or  vote 
as  such,  in  connection  with  any  matter  as  to  which  his  pri- 
vate right,  as  distinct  from  the  pubfic  interest,  is  immedi- 
ately concerned. 


610  Acts,  1955. —  Chaps.  676,  677. 

A  majority  of  said  board,  constituted  as  above  provided, 
may  transact  business  but  a  lesser  number  may  adjourn 
from  time  to  time. 

Each  appointive  member  of  said  board  shall  be  paid 
twenty  dollars  for  each  day  while  in  the  actual  performance 
of  his  duties  as  such,  but  not  exceeding  one  thousand  dollars 
in  any  fiscal  year,  and  each  member  shall  receive  from  the 
commonwealth  all  expenses  necessarily  incurred  by  him  in 
connection  with  his  official  duties. 

Such  clerical,  technical  and  other  assistance  as  may  be 
required  by  the  board  shall  be  assigned  to  it  by  the  com- 
missioner. 

Section  2.  The  regulations  issued  under  section  fifty- 
four  of  chapter  one  hundred  and  forty-three  of  the  General 
Laws  shall,  in  so  far  as  they  pertain  to  schoolhouses,  be 
issued  for  a  period  of  three  years  by  the  board  of  school- 
house  structural  standards,  any  provisions  of  said  section 
to  the  contrary  notwithstanding. 

Section  3.  The  board  of  schoolhouse  structural  stand- 
ards may,  from  time  to  time,  make  recommendations  to  the 
general  court  for  such  legislation  as  may,  in  the  opinion  of 
said  board,  tend  to  effectuate  the  purposes  of  said  board. 

Approved  August  15,  1966. 

Chap.Q7d  An  Act  relative  to  the  qualification  of  applicants 

FOR    registration   AS   CHIROPODISTS    (PODIATRISTS). 

Be  it  enacted,  etc.,  as  follows: 

Edo.'nl''  Section  1.    The  first  paragraph  of  section  16  of  chapter 

§  16.' etc..'         112  of  the  General  Laws,  as  appearing  in  section  1  of  chap- 
amen  e  .         ^^^  gg^  ^^  ^-^^  ^^^^  ^^  1950,  is  hereby  amended  by  inserting 

after  the  word  "board",  in  line  10,  the  follov\dng  words:  — 
Applications  and  hold  a  doctor's  degree  in  chiropody  (podiatry)  from  a 
for  registration.  ggj^QQ}^  college  or  uuiverslty  having  the  power  to  grant  such 

degree. 
Section  2.    The  provisions  of  this  act  shall  not  apply  to 

such  students  who  graduate  from  the  Massachusetts  School 

of  Chiropody  in  the  year  nineteen  hundred  and  fifty-seven. 
|^|<'<^»ve  Section  3.     This  act  shall  take  effect  on  January  first, 

nineteen  hundred  and  fifty-seven. 

Approved  August  15,  1955. 

Chap. Q77  An  Act  further  defining  the  powers  and  duties  of 
the   commissioner   and   associate   commissioners   of 

THE   department   OF   PUBLIC   WORKS. 

Be  it  enacted,  etc.,  as  follows: 
G^L.  (Ter.  Chapter  16  of  the  General  Laws  is  hereby  amended  by 

etc!, 'amended.    Striking  out  sectiou  4,  as  amended  by  section  1  of  chapter 

472  of  the  acts  of  1947,  and  inserting  in  place  thereof  the 
et^'?  powerr"^'  f oHowiug  sectiou !  —  SecttoTi  4-  The  commissioner  and  asso- 
and' duties.        ciate  commissioners  shall  each  devote  his  whole  time  during 

business  hours  to  the  work  of  the  department,  and  each  shall 


Acts,  1955. —  Chaps.  678,  679.  611 

give  to  the  state  treasurer  a  bond  for  the  faithful  perform- 
ance of  his  official  duties  in  a  penal  sum  and  with  sureties 
approved  by  the  governor  and  council.  The  commissioner 
shall  be  the  executive  and  administrative  head  of  the  de- 
partment, and  each  division  or  section  thereof  shall  be  under 
his  direction,  control  and  supervision.  The  commissioner 
may  appoint  and  remove  such  officials  and  employees,  in- 
cluding public  works  building  police,  as  the  work  of  the  de- 
partment may  require.  The  commissioner  shall  from  time 
to  time  assign  to  each  of  the  associate  commissioners  such 
administrative  duties  as  he  may  designate,  and  he  may  from 
time  to  time  authorize  the  associate  commissioners,  or  either 
of  them,  to  exercise  in  his  name  any  power  or  to  perform  in 
liis  name  any  duty  which  is  or  shall  be  assigned  to  him  by 
any  pro\dsion  of  law,  and  may  at  any  time  revoke  any  such 
authority.  The  commission  by  majority  vote  shall  approve 
all  contracts  made  by  the  department. 

Approved  August  15,  1956. 

An   Act   providing   for  additional  assistant   district  Chap. Q78 

ATTORNEYS  IN  THE  NORTHERN  AND*  WESTERN  DISTRICTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  14  of  chapter  12  of  the  General  Laws  g  l.  (Ter. 
is  hereby  amended  by  striking  out  lines  6  and  7,  as  appear-  etc!, 'amended', 
ing  in  section  2  of  chapter  423  of  the  acts  of  1948,  and  insert- 
ing in  place  thereof  the  following:  —  For  the  northern  dis-  officers  ap- 
trict,  an  assistant  district  attorney  and  nine  second  assistant  S°it"ict  at^ 
district  attorneys.,  — and  by  striking  out  lines  23,  24  and  tomeys. 
25,  as  so  appearing,  and  inserting  in  place  thereof  the  follow- 
ing: —  For  the  western  district,  an  assistant  district  attorney, 
a  second  assistant  district  attorney  and  a  third  assistant 
district  attorney,   of  whom  one  shall  reside  in  Berkshire 
county  and  the  other  two  in  Hampden  county. 

Section  2.     Section    16   of  said   chapter    12   is  hereby  g  l.  (Ter. 
amended  by  striking  out  the  ninth  paragraph,  as  appearing  etc'.,'aln4nded'. 
in  chapter  804  of  the  acts  of  1951,  and  inserting  in  place 
thereof  the  following  paragraph :  — 

For  the  western  district,  one  first  assistant,  four  thousand  fs^s^^tant^' 
dollars;    second   assistant,   three  thousand   three  hundred  district 
and  eighty  dollars;    third  assistant,  three  thousand  dollars.  ^"°'"°<'y^- 

Approved  August  17,  1955. 

An  Act  changing  part  of  the  boundary  line  bettn^een  (JJiqij  670 

the  town  of  BELMONT  AND  THE  CITY  OF  CAMBRIDGE.        ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  boundary  line  between  the  town  of 
Belmont  and  the  city  of  Cambridge  is  hereby  changed 
and  estabHshed  as  follows :  — 

Beginning  at  a  town  bound  in  the  present  boundary  line 
between  Belmont  and  Cambridge,  said  bound  being  Corner 
#3  located  near  the  center  of  Concord  avenue  at  the  inter- 


612  Acts,  1955.  —  Chap.  679. 

section  of  said  Concord  avenue  and  Blanchard  road,  and 
being  in  latitude  42°  23'  26.925"  and  longitude  71°  09' 
28.105";  thence  bearing  S.  13°  19'  12"  E.,  198.03  feet  to 
a  point  in  the  approximate  present  boundary  line  between 
said  Belmont  and  Cambridge,  designated  as  Corner  #3A; 
thence  on  a  curve  of  300  feet  radius  bearing  to  the  right 
125.69  feet  to  a  point  approximately  in  the  present  boundary 
line  designated  as  Corner  #3B;  thence  S.  10°  41'  08"  W.  on 
the  approximate  present  town-city  Une,  248.72  feet  to  a 
drill  hole  in  a  stone  bound  designated  as  Corner  #3C ;  thence 
S.  10°  07'  18"  W.  in  the  said  approximate  boundary  line, 
216.24  feet  to  a  point  designated  as  Corner  #3D;  thence 
S.  10°  50'  58"  W.,  405.27  feet  to  a  point  designated  as  Cor- 
ner #3E;  thence  on  a  curve  of  560  feet  radius  bearing  to 
the  right  226.83  feet  to  a  point  of  compound  curvature  des- 
ignated as  Corner  #3F ;  thence  on  a  curve  of  320  feet  radius 
bearing  to  the  right  254.05  feet  to  a  point  designated  as 
Corner  #3G,  said  point  being  in  the  present  approximate 
boundary  line;  thence  S.  79°  32'  38"  W.,  431.60  feet  to  a 
stone  bound  marking  the  new  city-town  Corner  #4  as  de- 
fined by  chapter  seventy-seven  of  the  acts  of  nineteen  hun- 
dred and  six,  said  corner  being  near  the  junction  of  Grove 
street  (formerly  Huron  avenue),  Washington  street  and 
Blanchard  road. 

The  said  new  boundary  hne  as  hereby  estabHshed  is 
shown  on  a  plan  entitled  "Plan  of  Proposed  Change  of 
Boundary  Line  Between  Belmont  and  Cambridge.  Ap- 
proximate Coordinates  and  Bearings  Are  Related  to  Mass. 
Coordinate  System.  Scale  1  Inch  =  40  ft.  June  1955",  and 
is  on  file  in  the  office  of  the  Middlesex  county  commissioners. 

A  copy  of  said  plan  shall  be  filed  in  the  office  of  the  secre- 
tary of  the  commonwealth  and  in  the  registry  of  deeds  for 
the  southern  district  of  the  county  of  Middlesex  within 
thirty  days  after  the  passage  of  this  act. 

All  that  part  of  the  town  of  Belmont  lying  between  the 
lines  above  described  and  the  present  boundary  line  between 
the  said  city  of  Cambridge  and  the  said  town  of  Belmont  is 
hereby  set  off  from  the  said  town  of  Belmont  and  annexed 
to  the  city  of  Cambridge. 

Section  2.  The  city-town  boundary  line  as  hereby 
changed  shall  be  the  westerly  line  of  Blanchard  road,  and 
the  territory  between  the  former  boundary  line  of  said 
Belmont  and  Cambridge  shall  be  a  part  of  the  public  way. 

Section  3.  The  costs  and  expenses  incurred  in  estab- 
lishing the  lines  herein  defined  and  the  erection  of  suitable 
monuments  at  the  new  city-town  corners  and  also  all  costs 
and  expenses  which  any  party  may  obtain  by  reason  of  the 
taking  of  land  for  a  public  way,  shall  be  paid  by  the  said 
city  of  Cambridge. 

Section  4.  The  city  of  Cambridge  shall  grant  to  the 
town  of  Belmont  the  perpetual  right,  license  and  easements 
to  lay  and  maintain  pipes  and  make  needed  connections  to 
the  storm  and  sanitary  sewers  in  said  street.    Also  the  per- 


Acts,  1955.  — Chap.  680.  613 

petual  right,  license  and  easement  to  lay  and  maintain 
buried  wires  or  water  mains  in  said  street.  The  city  of  • 
Cambridge  shall  grant  to  the  town  of  Belmont  the  right  to 
enter  in  or  upon  and  to  open  said  street  for  the  purpose  of 
repairing,  renewing  or  restoring  said  pipes,  manholes  or 
buried  wires.  The  city  of  Cambridge  shall  grant  to  the 
town  of  Belmont  the  right  to  connect  drainage  pipes  in  the 
town  of  Belmont  to  the  storm  sewer  in  Blanchard  road. 

The  above  rights  and  licenses  are  granted  upon  the  express 
condition  that  all  expense  of  excavation,  installation  and 
connection  necessary,  or  in  any  way  incidental,  to  the  use 
of  said  rights  and  licenses  shall  be  borne  by  the  town  of 
Belmont;  provided,  that  all  such  connections,  construction 
and  installation  shall  be  subject  to  the  approval  of  the  com- 
missioner of  pubhc  works  of  the  city  of  Cambridge;  and 
provided,  further,  that  the  town  of  Belmont,  by  entering 
upon  said  premises  and  making  such  installations  and  con- 
nections shall  be  deemed  to  be  specifically  obligated  to  in- 
demnify and  save  harmless  the  city  of  Cambridge,  its  suc- 
cessors and  assigns,  from  any  and  all  claims  for  damages 
from  any  cause  whatsoever  resulting  from  such  use,  includ- 
ing legal  costs  and  reasonable  attorney's  fees  incurred  by 
said  city  of  Cambridge  in  defending  said  claims. 

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

Approved  August  18,  1955. 

An  Act  to  facilitate  and  provide  for  on-farm  training,  C hap. Q80 

so  CALLED,  FOR  VETERANS  OF  THE  KOREAN  EMERGENCY. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^™ambie*'^ 
to  defeat  its  purpose  which  is  to  grant  forthwith  authority 
to  the  division  of  vocational  education  of  the  department  of 
education  to  approve  on-farm  training,  so  called,  so  as  to 
enable  veterans  of  the  Korean  emergency  to  be  eligible  for 
assistance  under  federal  law,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  pres- 
ervation of  the  pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  74  of  the  General  Laws  is  hereby  amended  by  g  l.  (Ter. 
striking  out  section  54,  inserted  by  chapter  630  of  the  acts  etc!,  amended'. 
of  1949,  and  inserting  in  place  thereof  the  following  sec- 
tion :  —  Section  54-    The  division  of  vocational  education  of  on-firm'agri- 
the  department  of  education,  with  the  approval  of  the  state  cultural 
board  for  vocational  education,  may  estabhsh  and  maintain,  be  es°t fbu^hed 
in  co-operation  with  local  public  or  vocational  school  au-  ofedtTctuon"* 
thorities,  one  or  more  schools  for  institutional  on-farm  train-  for  certain 
ing  for  veterans  of  World  War  II  and  for  veterans  of  the  '^^^^'^^^^'  ^*^*'- 
Korean  emergency.     Said  division  may  contract  or  agree 
with  said  local  school  authorities,  in  such  centers  as  may  be 
selected,  for  the  establishment  of  such  schools,  for  the  use  of 
quarters  therefor,  for  the  payment  of  the  cost  of  operation 
thereof  and  equipment  therefor,  and  for  local  supervision  and 


614 


Acts,  1955.  —  Chap.  681. 


administration  of  the  training  program.  Said  division  shall 
•  appoint,  and  may  remove,  the  teaching  personnel  of  such 
schools,  shall  determine  the  rates  of  salary  for  said  per- 
sonnel, shall  pay  the  costs  of  instructional  and  supervisory 
travel  of  such  personnel,  and  shall  purchase,  or  provide  for 
the  purchase  of,  approved  texts  for  trainees  at  said  schools. 
Said  division  shall  employ  such  additional  supervisory  and 
clerical  personnel  as  may  be  needed  by  it  in  the  carrying 
out  of  the  training  programs  under  this  section.  Said  divi- 
sion may  contract  with  the  Veterans'  Administration  for  the 
purpose  of  procuring  reimbursement  to  the  commonwealth 
for  approvable  costs  of  conducting  and  administering  said 
training  courses  for  veterans  of  World  War  II.  Said  divi- 
sion may  contract  with  and  collect  from  veterans  of  the 
Korean  emergency  tuition  for  said  training. 

Approved  August  18,  1955 


Chap. 681  An  Act  extending  workmen's  compensation  to  employ- 
ees  FURNISHING   AID   TO   OTHER   GOVERNMENTAL   UNITS. 


Emergency 
preamble. 


G.  L.  (Ter. 

Ed.),  152, 

new  §  74A, 

added. 

Workmen's 

compensation 

to  employees 

furnishing 

aid  to  other 

governmental 

units. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  extend  forthwith  the  pro- 
visions of  the  workmen's  compensation  law  to  certain  em- 
ployees furnishing  aid  to  other  governmental  units,  therefore 
it  is  hereby  declared  to  be  an  emergency  law,  necessary  for 
the  immediate  preservation  of  the  public  welfare. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  152  of  the  General  Laws  is  hereby  amended  by 
inserting  after  section  74  the  following  section:  —  Section 
74A.  (a)  Any  governmental  unit,  which  words  as  used  in 
this  section  shall  mean  the  commonwealth  or  any  political 
subdivision  thereof  or  any  municipal  gas  or  electric  com- 
mission, may  by  action  of  the  executive  or  board  having 
jurisdiction  in  the  commonwealth,  the  county  commissioners 
in  a  county,  the  mayor  in  a  city,  the  board  of  selectmen  in  a 
town,  or  by  the  action  of  any  other  executive  or  board  hav- 
ing jurisdiction,  as  the  case  may  be,  request  and  authorize 
any  employee  in  its  service  to  go  to  the  aid  of  a  second 
governmental  unit  if  in  the  judgment  of  the  head  of  the 
department  in  which  such  employee  is  regularly  employed 
such  action  is  necessary.  While  in  the  performance  of  his 
duties  pursuant  to  such  request  and  authorization,  any  such 
employee  of  the  commonwealth  and  any  county,  city,  town 
or  district  having  the  power  of  taxation  which  has  accepted 
chapter  eight  hundred  and  seven  of  the  acts  of  nineteen 
hundred  and  thirteen,  or  of  any  town  or  district  having  the 
power  of  taxation  which  has  accepted  or  accepts  the  provi- 
sions of  section  sixty-nine  shall  be  subject  to  the  provisions 
of  and  shall  be  paid  the  compensation  provided  by  this 
chapter,  as  if  performing  the  same  duties  within  the  scope 
of  his  regular  employment. 

(h)  The  governmental  unit  so  requesting  such  assistance 
shall  reimburse  in  full,  in  accordance  with  the  provisions  of 


Acts,  1955.  — Chap.  682.  615 

this  paragraph,  the  first  governmental  unit  for  any  com- 
pensation payments  lawfully  made  by  it  on  account  of  any 
injuries  suffered  by  such  employee  in  the  course  of  rendering 
such  aid,  or  on  account  of  his  death  as  the  result  of  such 
injuries.  The  treasurer  of  the  first  governmental  unit  shall 
annually,  on  or  before  January  fifteenth,  upon  the  certifica- 
tion of  the  compensation  agent  or  the  insurer  furnishing  the 
benefits  due  under  sections  sixty-nine  to  seventy-five,  in- 
clusive, notify  the  treasurer  of  the  second  governmental 
unit  of  the  amount  of  reimbursement  due  therefrom  for  the 
previous  fiscal  year,  and  such  latter  treasurer  shall  forth- 
with take  such  steps  as  may  be  necessary  to  insure  prompt 
payment  of  such  amount.  All  such  payments  due  under 
the  provisions  of  this  paragraph  from  the  second  govern- 
mental unit  shall  be  paid  by  the  insurer  of  the  second  govern- 
mental unit,  or  if  such  governmental  unit  has  not  provided 
for  payment  of  compensation  by  insurance  with  an  insurer 
then  they  shall  be  paid  by  such  governmental  unit  from  a 
special  appropriation,  or  from  an  insurance  fund  established 
under  section  thirteen  A  of  chapter  forty,  and  as  received 
they  shall  be  credited  to  the  insurer  or  the  governmental 
unit  which  made  the  payments.  On  default  of  any  such 
payment,  the  first  governmental  unit  may  maintain  an 
action  of  contract  to  recover  the  same. 

Approved  Augiist  18,  1956. 

An  Act  providing  funds  for  certain  repairs  to  the  C/iap. 682 

NORTH  metropolitan  SEWER  IN  THE  CITY  OF  CHELSEA. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  emergency  repairs  to  and 
the  reconstruction  of  a  certain  section  of  the  North  Metro- 
politan Sew^er  in  the  city  of  Chelsea,  and  for  projects  directly 
connected  therewith,  the  metropolitan  district  commission 
is  hereby  authorized  to  expend  sums  not  exceeding  in  the 
aggregate  eight  hundred  thousand  dollars,  to  be  in  addition 
to  funds  provided  under  item  8702-33  of  section  two  of 
chapter  three  hundred  and  seventy-two  of  the  acts  of  the 
current  year.  This  authorization  shall  expire  on  June  thir- 
tieth, nineteen  hundred  and  fiftj'^-six. 

Section  2.  To  meet  the  expenditures  necessary  in  carry- 
ing out  the  provisions  of  this  act  and  to  provide  funds  for 
the  expenditures  authorized  in  item  8702-33  of  section  two 
of  chapter  three  hundred  and  seventy-two  of  the  acts  of  the 
current  year  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  dollars.  Such  bonds  shall  be  desig- 
nated on  the  face.  North  IMetropohtan  Sewerage  Loan,  Act 
of  1955,  shall  be  on  the  serial  payment  plan,  and  shall  be 
issued  for  such  maximum  term  of  years  not  exceeding  ten 


616 


Acts,  1955. —  Chaps.  683,  684. 


years  from  the  date  of  issue  as  may  be  recommended  by  the 
governor  in  accordance  with  section  3  of  Article  LXII  of 
the  Amendments  to  the  Constitution  of  the  Commonwealth, 
and  shall  bear  interest  at  such  rate  as  shall  be  fixed  by  the 
state  treasurer  with  the  approval  of  the  governor. 

Section  3.  The  interest  and  serial  bond  requirements 
on  account  of  the  moneys  expended  for  the  north  metropoli- 
tan sewerage  system  provided  for  under  this  act  shall  be 
paid  as  a  part  of  the  interest,  sinking  fund  or  serial  bond 
requirements  and  costs  specified  in  chapter  four  hundred 
and  thirty-nine  of  the  acts  of  eighteen  hundred  and  eighty- 
nine,  and  acts  in  amendment  thereof  and  in  addition  thereto 
and  affecting  the  same,  and  shall  be  apportioned,  assessed  and 
collected  in  the  manner  provided  by  the  provisions  of  chapter 
ninety-two  of  the  General  Laws,  relative  to  such  system. 

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

Approved  August  18,  1955, 


Chap.68S  An  Act  defining  registered  mail  to  include  certified 

MAIL   IN    certain    CASES. 


Emergency 
preamble. 


G.  L.  (Ter. 
Ed.).  4,  §  7, 
etc.,  amended. 
"  Registered 
mail"  to  in- 
clude certified 
mail. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  clarify  immediately  the 
phrase  "registered  mail",  therefore  it  is  hereby  declared  to 
be  an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  7  of  chapter  4  of  the  General  Laws  is  hereby 
amended  by  adding  at  the  end  the  follomng  clause:  — 

Forty-fourth,  "Registered  mail",  when  used  with  refer- 
ence to  the  sending  of  notice  or  of  any  article  having  no 
intrinsic  value  shall  include  certified  mail. 

Approved  August  18,  1955. 


Chav. 684:  An  Act  to  authorize  the  examination  of  the  feet  of 

SCHOOL   children    BY    CHIROPODISTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  57  of  chapter  71  of  the  General  Laws,  as  most 
recently  amended  by  section  1  of  chapter  502  of  the  acts  of 
1951,  is  hereby  further  amended  by  striking  out  the  second 
sentence  and  inserting  in  place  thereof  the  following  sen- 
tence:—  Tests  of  sight  and  hearing  shall  be  performed  by 
"shTOi  chUdren.  tcachers,  physicians,  optometrists,  nurses  or  other  school 
personnel  who  are  approved  by  the  department  of  public 
health  for  this  purpose  and  the  examination  of  feet  shall  be 
made  by  the  school  physicians  or  by  chiropodists  (podia- 
trists), in  accordance  with  regulations  set  up  by  the  de- 
partment. Approved  August  18,  1955. 


G.  L.  (Ter. 
Ed.),  71,  §  57. 
etc.,  amended. 


Examination 


Acts,  1955.  — Chaps.  685,  686,  687.  617 

An  Act  authorizing  housing  authorities  to  provide  Chap.68d 

RECREATIONAL  AND  COMMUNITY  FACILITIES  IN  HOUSING 
PROJECTS. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  26FF  of  chapter  121  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  the  first  sentence,  as  appearing  §  26FF!Vtc., 
in  section  1  of  chapter  574  of  the  acts  of  1946,  the  following  amended, 
sentence:  —  A  housing  authority  with  the  approval  of  the  Maintenance 
state  housing  authority  may  establish  or  provide  such  recre-  o?hous1ng*^'°° 
ational  and  community  facilities  in  a  project  as  it  may  deem  projects, 
necessary;  provided,  that  it  incurs  no  expense  for  the  acqui- 
sition of  land  for  such  facilities;  and  provided,  further,  that 
the  commonwealth  shall  not  be  responsible  for  any  expendi- 
tures incurred  for  such  facilities. 

Approved  August  18,  1955. 

An  Act  securing  to  the  wives  and  children  of  pen-  C/iap.686 

SIGNERS  residing  OUTSIDE  THE  UNITED  STATES  THE  BENE- 
FITS  OF  SUCH  PENSIONS  IN   CERTAIN   CASES. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  32  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Ter. 
inserting  after  section  92  the  following  section:  —  Section  "^^^^^'^'^i^A, 
92 A.     In  the  event  that  a  court  of  competent  jurisdiction  added. 
shall  make  an  order  for  the  support  of  the  wife,  child  and  Pepsioners 
children  of  a  recipient  of  a  pension  or  annuity  or  retirement  states,  benefits 
allowance  under  this  chapter,  and  such  recipient  removes  chiw^en^.etc. 
from  the  commonwealth  and  resides  without  the  United 
States  said  amounts  of  said  court  order  shall  be  deducted 
from  aforesaid  pension,  annuity  or  retirement  allowance  as 
it  becomes  due  and  payable  and  the  amount  of  such  deduc- 
tions shall  thereupon  be  paid  to  the  person  or  persons,  board 
or  officer  designated  by  aforesaid  court,  order.    Said  amounts 
shall  be  paid  until  such  time  as  the  recipient  shall  present 
an  order  of  court  revoking  or  amending  the  original  order  of 
the  court.  Approved  August  18,  1955. 

An  Act  providing  for  the  entry  of  the  commonwealth  Chap. G87 

INTO  compacts  with  ANY  OTHER  OF  THE  STATES  RELA- 
TIVE TO  THE  SUPERVISION,  CARE  AND  ASSISTANCE  TO 
JUVENILES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  governor  is  hereby  authorized  and  di- 
rected to  execute  a  compact  on  behalf  of  this  common- 
wealth with  any  other  state  or  states  legally  joining  therein 
in  the  form  substantially  as  follows: 

interstate  compact  on  juveniles. 
The  contracting  states  solemnly  agree : 

Article  I.  —  Findings  and  Purposes. 
That  juveniles  who  are  not  under  proper  supervision  and 
control,  or  who  have  absconded,  escaped  or  run  away,  are 


618  Acts,  1955.  — Chap.  687. 

likely  to  endanger  their  own  health,  morals  and  welfare, 
and  the  health,  morals  and  welfare  of  others.  The  co- 
operation of  the  states  party  to  this  compact  is  therefore 
necessary  to  provide  for  the  welfare  and  protection  of  ju- 
veniles and  of  the  public  with  respect  to  (1)  co-operative 
supervision  of  delinquent  juveniles  on  probation  or  paroled; 
(2)  the  return,  from  one  state  to  another,  of  dehnquent  ju- 
veniles who  have  escaped  or  absconded ;  (3)  the  return,  from 
one  state  to  another,  of  non-delinquent  juveniles  who  have 
run  away  from  home;  and  (4)  additional  measures  for  the 
protection  of  juveniles  and  of  the  pubhc,  which  any  two  or 
more  of  the  party  states  may  find  desirable  to  undertake 
co-operatively.  In  carrying  out  the  provisions  of  this  com- 
pact the  party  states  shall  be  guided  by  the  non-criminal, 
reformative  and  protective  policies  which  guide  their  laws 
concerning  delinquent,  neglected  or  dependent  juveniles  gen- 
erally. It  shall  be  the  policy  of  the  states  party  to  this 
compact  to  co-operate  and  observe  their  respective  responsi- 
bilities for  the  prompt  return  and  acceptance  of  juveniles 
and  dehnquent  juveniles  who  become  subject  to  the  pro- 
visions of  this  compact.  The  provisions  of  this  compact 
shall  be  reasonably  and  liberally  construed  to  accomplish  the 
foregoing  purposes. 

Article  II.  —  Existing  Rights  and  Remedies. 

That  all  remedies  and  procedures  provided  by  this  com- 
pact shall  be  in  addition  to  and  not  in  substitution  for  other 
rights,  remedies  and  procedures,  and  shall  not  be  in  deroga- 
tion of  parental  rights  and  responsibilities. 

Article  III.  —  Definitions. 

That,  for  the  purposes  of  this  compact,  "delinquent  juve- 
nile" means  any  juvenile  who  has  been  adjudged  dehnquent, 
and  who,  at  the  time  the  provisions  of  this  compact  are 
invoked,  is  still  subject  to  the  jurisdiction  of  the  court  that 
has  made  such  adjudication  or  to  the  jurisdiction  or  super- 
vision of  an  agency  or  institution  pursuant  to  an  order  of 
such  court;  "probation  or  parole"  means  any  kind  of  condi- 
tional release  of  juveniles  authorized  under  the  laws  of  the 
states  party  hereto;  "court"  means  any  court  having  juris- 
diction over  dehnquent,  neglected  or  dependent  children; 
"state"  means  any  state,  territory  or  possession  of  the 
United  States,  the  District  of  Columbia,  and  the  Common- 
wealth of  Puerto  Rico;  and  "residence"  or  any  variant 
thereof  means  a  place  at  which  a  home  or  regular  place  of 
abode  is  maintained. 

Article  IV.  —  Return  of  Runaways. 

(a)  That  the  parent,  guardian,  person  or  agency  en- 
titled to  legal  custody  of  a  juvenile  who  has  not  been  ad- 
judged delinquent,   but  who  has  run  away  without  the 


Acts,  1955.  — Chap.  687.  619 

consent  of  such  parent,  guardian,  person  or  agency,  may 
petition  the  appropriate  court  in  the  demanding  state  for 
the  issuance  of  a  requisition  for  his  return.  The  petition  shall 
state  the  name  and  age  of  the  juvenile,  the  name  of  the 
petitioner  and  the  basis  of  entitlement  to  the  juvenile's 
custody,  the  circumstances  of  his  running  away,  his  location 
if  known  at  the  time  apphcation  is  made,  and  such  other 
facts  as  may  tend  to  show  that  the  juvenile  who  has  run  away 
is  endangering  his  own  welfare  or  the  welfare  of  others  and  is 
not  an  emancipated  minor.  The  petition  shall  be  verified  by 
affidavit,  shall  be  executed  in  duphcate,  and  shall  be  accom- 
panied by  two  certified  copies  of  the  document  or  documents 
on  which  the  petitioner's  entitlement  to  the  juvenile's 
custody  is  based,  such  as  birth  certificates,  letters  of  guardi- 
anship, or  custody  decrees.  Such  further  afiidavits  and  other 
documents  as  may  be  deemed  proper  may  be  submitted  with 
such  petition.  The  judge  of  the  court  to  which  such  petition 
is  addressed  may  hold  a  hearing  thereon  to  determine 
whether  for  the  purposes  of  this  compact  the  petitioner  is 
entitled  to  the  legal  custody  of  the  juvenile,  whether  or  not 
it  appears  that  the  juvenile  has  in  fact  run  away  without 
consent,  whether  or  not  he  is  an  emancipated  minor,  and 
whether  or  not  it  is  in  the  best  interest  of  the  juvenile  to 
compel  his  return  to  the  state.  If  the  judge  determines, 
either  with  or  without  a  hearing,  that  the  juvenile  should  be 
returned,  he  shall  present  to  the  appropriate  court  or  to  the 
executive  authority  of  the  state  where  the  juvenile  is  alleged 
to  be  located  a  written  requisition  for  the  return  of  such 
juvenile.  Such  requisition  shall  set  forth  the  name  and  age 
of  the  juvenile,  the  determination  of  the  court  that  the 
juvenile  has  run  away  without  the  consent  of  a  parent, 
guardian,  person  or  agency  entitled  to  his  legal  custody,  and 
that  it  is  in  the  best  interest  and  for  the  protection  of  such 
juvenile  that  he  be  returned.  In  the  event  that  a  proceeding 
for  the  adjudication  of  the  juvenile  as  a  dehnquent,  neglected 
or  dependent  juvenile  is  pending  in  the  court  at  the  time  when 
such  juvenile  runs  away,  the  court  may  issue  a  requisition  for 
the  return  of  such  juvenile  upon  its  own  motion,  regardless 
of  the  consent  of  the  parent,  guardian,  person  or  agency  en- 
titled to  legal  custody,  reciting  therein  the  nature  and  cir- 
cumstances of  the  pending  proceeding.  The  requisition  shall 
in  every  case  be  executed  in  duphcate  and  shall  be  signed  by 
the  judge.  One  copy  of  the  requisition  shall  be  filed  with 
the  compact  administrator  of  the  demanding  state,  there  to 
remain  on  file  subject  to  the  provisions  of  law  governing 
records  of  such  court.  Upon  the  receipt  of  a  requisition  de- 
manding the  return  of  a  juvenile  who  has  run  away,  the  court 
or  the  executive  authority  to  whom  the  requisition  is  ad- 
dressed shall  issue  an  order  to  any  peace  officer  or  other  ap- 
propriate person  directing  him  to  take  into  custody  and 
detain  such  juvenile.  Such  detention  order  shall  substan- 
tially recite  the  facts  necessary  to  the  validity  of  its  issuance 
hereunder.    No  juvenile  detained  upon  such  order  shall  be 


620  Acts,  1955. —  Chap.  687. 

delivered  over  to  the  officer  whom  the  court  demanding  him 
shall  have  appointed  to  receive  him,  miless  he  shall  first  be 
taken  forthwith  before  a  judge  of  a  court  in  the  state,  who 
shall  inform  him  of  the  demand  made  for  his  return,  and 
who  may  appoint  counsel  or  guardian  ad  litem  for  him.  If 
the  judge  of  such  court  shall  find  that  the  requisition  is  in 
order,  he  shall  deliver  such  juvenile  over  to  the  officer  whom 
the  court  demanding  him  shall  have  appointed  to  receive 
him.  The  judge,  however,  may  fix  a  reasonable  time  to  be 
allowed  for  the  purpose  of  testing  the  legality  of  the  proceed - 
Upon  reasonable  information  that  a  person  is  a  juvenile 
who  has  run  away  from  another  state  party  to  this  compact 
without  the  consent  of  a  parent,  guardian,  person  or  agency 
entitled  to  his  legal  custody,  such  juvenile  may  be  taken 
into  custody  without  a  requisition  and  brought  forthwith 
before  a  judge  of  the  appropriate  court  who  may  appoint 
counsel  or  guardian  ad  litem  for  such  juvenile,  and  who  shall 
determine  after  a  hearing  whether  sufficient  cause  exists  to 
hold  the  person,  subject  to  the  order  of  the  court,  for  his 
own  protection  and  welfare,  for  such  a  time  not  exceeding 
ninety  days  as  will  enable  his  return  to  another  state  party 
to  this  compact  pursuant  to  a  requisition  for  his  return  from 
a  court  of  that  state.  If,  at  the  time  when  a  state  seeks  the 
return  of  a  juvenile  who  has  run  away,  there  is  pending  in 
the  state  wherein  he  is  found  any  criminal  charge,  or  any 
proceeding  to  have  him  adjudicated  a  delinquent  juvenile 
for  an  act  committed  in  such  state,  or  if  he  is  suspected  of 
having  committed  Avithin  such  state  a  criminal  offense  or 
an  act  of  juvenile  delinquency,  he  shall  not  be  returned  with- 
out the  consent  of  such  state  until  discharged  from  prose- 
cution or  other  form  of  proceeding,  imprisonment,  detention 
or  supervision  for  such  offense  or  juvenile  delinquency.  The 
duly  accredited  officers  of  any  state  party  to  this  compact, 
upon  the  establishment  of  their  authority  and  the  identity 
of  the  juvenile  being  returned,  shall  be  permitted  to  trans- 
port such  juvenile  through  any  and  all  states  party  to  this 
compact,  without  interference.  Upon  his  return  to  the  state 
from  which  he  ran  away,  the  juvenile  shall  be  subject  to  such 
further  proceedings  as  may  be  appropriate  under  the  laws 
of  that  state. 

(h)  That  the  state  to  which  a  juvenile  is  returned  under 
this  Article  shall  be  responsible  for  payment  of  the  trans- 
portation costs  of  such  return. 

(c)  That  "juvenile"  as  used  in  this  Article  means  any 
person  who  is  a  minor  under  the  law  of  the  state  of  resi- 
dence of  the  parent,  guardian,  person  or  agency  entitled  to 
the  legal  custody  of  such  minor. 

Article  V.  —  Return  of  Escapees  and  Absconders. 

(a)  That  the  appropriate  person  or  authority  from  whose 
probation  or  parole  supervision  a  delinquent  juvenile  has 


Acts,  1955.  —  Chap.  687.  621 

absconded  or  from  whose  institutional  custody  he  has  es- 
caped shall  present  to  the  appropriate  court  or  to  the  execu- 
tive authority  of  the  state  where  the  delinquent  juvenile 
is  alleged  to  be  located  a  written  requisition  for  the  return 
of  such  delinquent  juvenile.  Such  requisition  shall  state  the 
name  and  age  of  the  delinquent  juvenile,  the  particulars  of 
his  adjudication  as  a  delinquent  juvenile,  the  circumstances 
of  the  breach  of  the  terms  of  his  probation  or  parole  or  of  his 
escape  from  an  institution  or  agency  vested  Avith  his  legal 
custody  or  supervision,  and  the  location  of  such  delinquent 
juvenile,  if  known,  at  the  time  the  requisition  is  made.  The 
requisition  shall  be  verified  by  affidavit,  shall  be  executed 
in  duphcate,  and  shall  be  accompanied  by  two  certified 
copies  of  the  judgment,  formal  adjudication,  or  order  of 
commitment  which  subjects  such  delinquent  juvenile  to 
probation  or  parole  or  to  the  legal  custody  of  the  institution 
or  agency  concerned.  Such  further  affidavits  and  other 
documents  as  may  be  deemed  proper  may  be  submitted  with 
such  requisition.  One  copy  of  the  requisition  shall  be  filed 
with  the  compact  administrator  of  the  demanding  state, 
there  to  remain  on  file  subject  to  the  provisions  of  law  gov- 
erning records  of  the  appropriate  court.  Upon  the  receipt 
of  a  requisition  demanding  the  return  of  a  delinquent  juve- 
nile who  has  absconded  or  escaped,  the  court  or  the  execu- 
tive authority  to  whom  the  requisition  is  addressed  shall 
issue  an  order  to  any  peace  officer  or  other  appropriate  per- 
son directing  him  to  take  into  custody  and  detain  such  de- 
linquent juvenile.  Such  detention  order  must  substantially 
recite  the  facts  necessary  to  the  validity  of  its  issuance 
hereunder.  No  delinquent  juvenile  detained  upon  such  or- 
der shall  be  delivered  over  to  the  officer  whom  the  appro- 
priate person  or  authority  demanding  him  shall  have  ap- 
pointed to  receive  him,  unless  he  shall  first  be  taken  forthwith 
before  a  judge  of  an  appropriate  court  in  the  state,  who  shall 
inform  him  of  the  demand  made  for  his  return  and  who  may 
appoint  counsel  or  guardian  ad  htem  for  him.  If  the  judge 
of  such  court  shall  find  that  the  requisition  is  in  order,  he 
shall  deliver  such  delinquent  juvenile  over  to  the  officer 
whom  the  appropriate  person  or  authority  demanding  him 
shall  have  appointed  to  receive  him.  The  judge,  however, 
may  fix  a  reasonable  time  to  be  allowed  for  the  purpose  of 
testing  the  legality  of  the  proceeding. 

Upon  reasonable  information  that  a  person  is  a  delin- 
quent juvenile  who  has  absconded  while  on  probation  or 
parole,  or  escaped  from  an  institution  or  agency  vested  with 
his  legal  custody  or  super\'ision  in  any  state  party  to  this 
compact,  such  person  may  be  taken  into  custody  in  any 
other  state  party  to  this  compact  without  a  requisition. 
But  in  such  event,  he  must  be  taken  forthwith  before  a 
judge  of  the  appropriate  court,  who  may  appoint  counsel 
or  guardian  ad  litem  for  such  person  and  who  shall  determine, 
after  a  hearing,  whether  sufficient  cause  exists  to  hold  the 
person  subject  to  the  order  of  the  court  for  such  a  time,  not 


Acts,  1955. —  Chap.  687. 

exceeding  ninety  days,  as  will  enable  his  detention  under 
a  detention  order  issued  on  a  requisition  pursuant  to  this 
Article.  If,  at  the  time  when  a  state  seeks  the  return  of  a 
delinquent  juvenile  who  has  either  absconded  while  on  pro- 
bation or  parole  or  escaped  from  an  institution  or  agency 
vested  with  his  legal  custody  or  supervision,  there  is  pend- 
ing in  the  state  wherein  he  is  detained  any  criminal  charge 
or  any  proceeding  to  have  him  adjudicated  a  dehnquent 
juvenile  for  an  act  committed  in  such  state,  or  if  he  is  sus- 
pected of  having  committed  within  such  state  a  criminal 
offense  or  an  act  of  juvenile  delinquency,  he  shall  not  be 
returned  without  the  consent  of  such  state  until  discharged 
from  prosecution  or  other  form  of  proceeding,  imprisonment, 
detention  or  supervision  for  such  offense  or  juvenile  delin- 
quency. The  duly  accredited  officers  of  any  state  party  to 
this  compact,  upon  the  establishment  of  their  authority  and 
the  identity  of  the  delinquent  juvenile  being  returned,  shall 
be  permitted  to  transport  such  delinquent  juvenile  through 
any  and  all  states  party  to  this  compact,  without  mterfer- 
ence.  Upon  his  return  to  the  state  from  which  he  escaped 
or  absconded,  the  delinquent  juvenile  shall  be  subject  to 
such  further  proceedings  as  may  be  appropriate  under  the 
laws  of  that  state. 

(b)  That  the  state  to  which  a  delinquent  juvenile  is  re- 
turned under  this  Article  shall  be  responsible  for  payment 
of  the  transportation  costs  of  such  return. 

Article  VI.  —  Voluntary  Return  Procedure. 

That  any  dehnquent  juvenile  who  has  absconded  while 
on  probation  or  parole,  or  escaped  from  an  institution  or 
agency  vested  with  his  legal  custody  or  supervision  in  any 
state  party  to  this  compact,  and  any  juvenile  who  has  run 
away  from  any  state  party  to  this  compact,  who  is  taken 
into  custody  without  a  requisition  in  another  state  party  to 
this  compact  under  the  pro\isions  of  Article  IV  (a)  or  of 
Article  V  (a),  may  consent  to  his  immediate  return  to  the 
state  from  which  he  absconded,  escaped  or  ran  away.  Such 
consent  shall  be  given  by  the  juvenile  or  dehnquent  juvenile 
and  his  counsel  or  guardian  ad  litem  if  any,  by  executing  or 
subscribing  a  writing,  in  the  presence  of  a  judge  of  the  ap- 
propriate court,  which  states  that  the  juvenile  or  dehnquent 
juvenile  and  his  counsel  or  guardian  ad  litem,  if  any,  con- 
sent to  his  return  to  the  demanding  state.  Before  such 
consent  shall  be  executed  or  subscribed,  however,  the  judge, 
in  the  presence  of  counsel  or  guardian  ad  litem,  if  any,  shall 
inform  the  juvenile  or  delinquent  juvenile  of  his  rights 
under  this  compact.  When  the  consent  has  been  duly  exe- 
cuted, it  shall  be  forwarded  to  and  filed  with  the  compact 
administrator  of  the  state  in  which  the  court  is  located  and 
the  judge  shall  direct  the  officer  having  the  juvenile  or 
dehnquent  juvenile  in  custody  to  deliver  him  to  the  duly 
accredited  officer  or  officers  of  the  state  demanding  his  return, 


Acts,  1955. —  Chap.  687.        '  623 

and  shall  cause  to  be  delivered  to  such  officer  or  officers  a 
copy  of  the  consent.  The  court  may,  however,  upon  the 
request  of  the  state  to  which  the  juvenile  or  delinquent 
juvenile  is  being  returned,  order  him  to  return  unaccompanied 
to  such  state  and  shall  provide  him  with  a  copy  of  such  court 
order ;  in  such  event  a  copy  of  the  consent  shall  be  forwarded 
to  the  compact  administrator  of  the  state  to  which  said 
juvenile  or  delinquent  juvenile  is  ordered  to  return. 

Article  VII.  —  Co-operative  Supervision  of  Probationers 
and  Parolees. 

(a)  That  the  duly  constituted  judicial  and  administrative 
authorities  of  a  state  party  to  this  compact,  herein  called 
"sending  state",  may  permit  any  delinquent  juvenile  within 
such  state,  placed  on  probation  or  parole,  to  reside  in  any 
other  state  party  to  this  compact,  herein  called  "receiving 
state",  while  on  probation  or  parole,  and  the  receiving  state 
shall  accept  such  dehnquent  juvenile,  if  the  parent,  guardian 
or  person  entitled  to  the  legal  custody  of  such  delinquent 
juvenile  is  residing  or  undertakes  to  reside  within  the  re- 
ceiving state.  Before  granting  such  permission,  opportunity 
shall  be  given  to  the  receiving  state  to  make  such  investiga- 
tions as  it  deems  necessary.  The  authorities  of  the  sending 
state  shall  send  to  the  authorities  of  the  receiving  state 
copies  of  pertinent  court  orders,  social  case  studies  and  all 
other  available  information  which  may  be  of  value  to  and 
assist  the  receiving  state  in  supervising  a  probationer  or 
parolee  under  this  compact.  A  receiving  state,  in  its  discre- 
tion, may  agree  to  accept  supervision  of  a  probationer  or 
parolee  in  cases  where  the  parent,  guardian  or  person  en- 
titled to  the  legal  custody  of  the  delinquent  juvenile  is  not  a 
resident  of  the  receiving  state,  and  if  so  accepted  the  sending 
state  may  transfer  supervision  accordingly. 

(b)  That  each  receiving  state  will  assume  the  duties 
of  visitation  and  of  supervision  over  any  such  delinquent 
juvenile  and  in  the  exercise  of  those  duties  will  be  governed 
by  the  same  standards  of  visitation  and  supervision  that  pre- 
vail for  its  own  delinquent  juveniles  released  on  probation  or 
parole. 

(c)  That,  after  consultation  between  the  appropriate 
authorities  of  the  sending  state  and  of  the  receixdng  state  as 
to  the  desirability  and  necessity  of  returning  such  a  de- 
linquent juvenile,  the  duly  accredited  officers  of  a  sending 
state  may  enter  a  receiving  state  and  there  apprehend  and 
retake  any  such  delinquent  juvenile  on  probation  or  parole. 
For  that  purpose,  no  formalities  will  be  required,  other  than 
establishing  the  authority  of  the  officer  and  the  identity  of 
the  dehnquent  juvenile  to  be  retaken  and  returned.  The 
decision  of  the  sending  state  to  retake  a  dehnquent  juvenile 
on  probation  or  parole  shall  be  conclusive  upon  and  not  re- 
viewable within  the  receiving  state,  but  if,  at  the  time  the 
sending  state  seeks  to  retake  a  delinquent  juvenile  on  pro- 


624  Acts,  1955.  —  Chap.  687. 

bation  or  parole,  there  is  pending  against  him  within  the 
receiving  state  any  criminal  charge  or  any  proceeding  to 
have  him  adjudicated  a  dehnquent  juvenile  for  any  act  com- 
mitted in  such  state,  or  if  he  is  suspected  of  having  com- 
mitted within  such  state  a  criminal  offense  or  an  act  of 
juvenile  delinquency,  he  shall  not  be  returned  without  the 
consent  of  the  receiving  state  until  discharged  from  prosecu- 
tion or  other  form  of  proceeding,  imprisonment,  detention 
or  supervision  for  such  offense  or  juvenile  delinquency.  The 
duly  accredited  officers  of  the  sending  state  shall  be  per- 
mitted to  transport  delinquent  juveniles  being  so  returned 
through  any  and  all  states  party  to  this  compact,  without 
interference. 

(d)  That  the  sending  state  shall  be  responsible  under 
this  Article  for  paying  the  costs  of  transporting  any  delin- 
quent juvenile  to  the  receiving  state  or  of  returning  any 
delinquent  juvenile  to  the  sending  state. 

Article  VIII.  —  ResponsihiUhj  for  Costs. 

(a)  That  the  provisions  of  Articles  IV  (6),  V  (6)  and 
VII  (d)  of  this  compact  shall  not  be  construed  to  alter  or 
affect  any  internal  relationship  among  the  departments, 
agencies  and  officers  of  and  in  the  government  of  a  party 
state,  or  between  a  party  state  and  its  subdivisions,  as  to 
the  payment  of  costs,  or  responsibihties  therefor. 

(6)  That  nothing  in  this  compact  shall  be  construed  to 
prevent  any  party  state  or  subdivision  thereof  from  assert- 
ing any  right  against  any  person,  agency  or  other  entity  in 
regard  to  costs  for  which  such  party  state  or  subdivision 
thereof  may  be  responsible  pursuant  to  Articles  IV  (6), 
V  (6)  or  VII  (d)  of  this  compact. 

Article  IX.  —  Detention  Practices. 

That,  to  every  extent  possible,  it  shall  be  the  policy  of 
states  party  to  this  compact  that  no  juvenile  or  dehnquent 
juvenile  shall  be  placed  or  detained  in  any  prison,  jail  or 
lockup  nor  be  detained  or  transported  in  association  with 
criminal,  vicious  or  dissolute  persons. 

Article  X.  —  Supplementary  Agreements. 

That  the  duly  constituted  administrative  authorities  of  a 
state  party  to  this  compact  may  enter  into  supplementary 
agreements  with  any  other  state  or  states  party  hereto  for 
the  co-operative  care,  treatment  and  rehabihtation  of  de- 
linquent juveniles  whenever  they  shall  find  that  such  agree- 
ments will  improve  the  facilities  or  programs  available  for 
such  care,  treatment  and  rehabilitation.  Such  care,  treat- 
ment and  rehabilitation  may  be  provided  in  an  institution 
located  within  any  state  entering  into  such  supplementary 
agreement.  Such  supplementary  agreements  shall  (1)  pro- 
vide the  rates  to  be  paid  for  the  care,  treatment  and  custody 


Acts,  1955.  —  Chap.  687.  625 

of  such  delinquent  juveniles,  taking  into  consideration  the 
character  of  facilities,  services  and  subsistence  furnished; 
(2)  provide  that  the  delinquent  juvenile  shall  be  given  a 
court  hearing  prior  to  his  being  sent  to  another  state  for 
care,  treatment  and  custody;  (3)  provide  that  the  state  re- 
ceiving such  a  delinquent  juvenile  in  one  of  its  institutions 
shall  act  solely  as  agent  for  the  state  sending  such  delinquent 
juvenile;  (4)  provide  that  the  sending  state  shall  at  all  times 
retain  jurisdiction  over  delinquent  juveniles  sent  to  an  insti- 
tution in  another  state;  (5)  provide  for  reasonable  inspec- 
tion of  such  institutions  by  the  sending  state;  (6)  provide 
that  the  consent  of  the  parent,  guardian,  person  or  agency 
entitled  to  the  legal  custody  of  said  delinquent  juvenile  shall 
be  secured  prior  to  his  being  sent  to  another  state;  and 
(7)  make  provision  for  such  other  matters  and  details  as 
shall  be  necessary  to  protect  the  rights  and  equities  of  such 
delinquent  juveniles  and  of  the  co-operating  states. 

Article  XL  —  Acceptance  of  Federal  and  Other  Aid. 

That  any  state  party  to  this  compact  may  accept  any 
and  all  donations,  gifts  and  grants  of  money,  equipment  and 
services  from  the  federal  or  any  local  government,  or  any 
agency  thereof  and  from  any  person,  firm  or  corporation,  for 
anj^  of  the  purposes  and  functions  of  this  compact,  and  may 
receive  and  utilize  the  same  subject  to  the  terms,  conditions 
and  regulations  governing  such  donations,  gifts  and  grants. 

Article  XII.  —  Compact  Administrators. 

That  the  governor  of  each  state  party  to  this  compact 
shall  designate  an  officer  who,  acting  jointly  with  like  officers 
of  other  party  states,  shall  promulgate  rules  and  regulations 
to  carry  out  more  effectively  the  terms  and  provisions  of 
this  compact. 

Article  XIII.  — ■  Execution  of  Compact. 

That  tills  compact  shall  become  operative  immediately 
upon  its  execution  by  any  state  as  between  it  and  any  other 
state  or  states  so  executing.  When  executed  it  shall  have 
the  full  force  and  effect  of  law  within  such  state,  the  form  of 
execution  to  be  in  accordance  with  the  laws  of  the  executing 
state. 

Article  XIV.  —  Renunciation. 

That  this  compact  shall  continue  in  force  and  remain 
binding  upon  each  executing  state  until  renounced  by  it. 
Renunciation  of  this  compact  shall  be  by  the  same  authority 
which  executed  it,  by  sending  six  months*  notice  in  writing 
of  its  intention  to  withdraw  from  the  compact  to  the  other 
states  party  hereto.  The  duties  and  obligations  of  a  re- 
nouncing state  under  Article  VII  hereof  shall  continue  as 
to  parolees  and  probationers  residing  therein  at  the  time  of 
withdrawal  until   retaken  or  finally  discharged.     Supple- 


626  Acts,  1955. —  Chap.  687. 

mentary  agreements  entered  into  under  Article  X  hereof 
shall  be  subject  to  renunciation  as  provided  by  such  supple- 
mentary agreements,  and  shall  not  be  subject  to  the  six 
months'  renunciation  notice  of  the  present  Article. 

Article  XV.  —  Severability. 

That  the  provisions  of  this  compact  shall  be  severable  and 
if  any  phrase,  clause,  sentence  or  provision  of  this  compact 
is  declared  to  be  contrary  to  the  constitution  of  any  partici- 
pating state  or  of  the  United  States  or  the  appHcability 
thereof  to  any  government,  agency,  person  or  circumstance 
is  held  invalid,  the  validity  of  the  remainder  of  this  compact 
and  the  applicability  thereof  to  any  government,  agency, 
person  or  circumstance  shall  not  be  affected  thereby.  If 
this  compact  shall  be  held  contrary  to  the  constitution  of 
any  state  participating  therein,  the  compact  shall  remain 
in  full  force  and  effect  as  to  the  remaining  states  and  in  full 
force  and  effect  as  to  the  state  affected  as  to  all  severable 
matters. 

Section  2.  Pursuant  to  said  compact,  the  governor  is 
hereby  authorized  and  empowered  to  designate  an  officer 
who  shall  be  the  compact  administrator  and  who,  acting 
jointly  with  like  officers  of  other  party  states,  shall  promul- 
gate rules  and  regulations  to  carry  out  more  effectively  the 
terms  of  the  compact.  Said  compact  administrator  shall 
serve  subject  to  the  pleasure  of  the  governor.  The  compact 
administrator  is  hereby  authorized,  empowered  and  directed 
to  co-operate  with  all  departments,  agencies  and  officers  of 
and  in  the  government  of  this  state  and  its  subdivisions  in 
facihtating  the  proper  administration  of  the  compact  or  of 
any  supplementary  agreement  or  agreements  entered  into 
by  this  commonwealth  thereunder. 

Section  3.  The  compact  administrator  is  hereby  author- 
ized and  empowered  to  enter  into  supplementary  agreements 
with  appropriate  officials  of  other  states  pursuant  to  the 
compact.  In  the  event  that  such  supplementary  agreement 
shall  require  or  contemplate  the  use  of  any  institution  or 
facility  of  this  state  or  require  or  contemplate  the  provision 
of  any  ser\dce  by  this  state,  said  supplementary  agreement 
shall  have  no  force  or  effect  until  approved  by  the  head  of 
the  department  or  agency  under  whose  jurisdiction  said  in- 
stitution or  facihty  is  operated  or  whose  department  or 
agency  will  be  charged  with  the  rendering  of  such  service. 

Section  4.  The  compact  administrator,  subject  to  the 
approval  of  the  governor  and  council,  may  make  or  arrange 
for  any  payments  necessary  to  discharge  any  financial  obli- 
gations imposed  upon  this  commonwealth  by  the  compact 
or  by  any  supplementary  agreement  entered  into  thereunder. 

Section  5.  Any  judge  of  this  commonwealth  who  ap- 
points counsel  or  guardian  ad  litem  pursuant  to  the  provisions 
of  the  compact  may,  in  his  discretion,  fix  a  fee  to  be  paid  out 
of  funds  available  for  disposition  by  the  court. 


Acts,  1955.  — Chap.  688.  627 

Section  6.  The  courts,  departments,  agencies  and  officers 
of  this  commonwealth  and  its  subdivisions  shall  enforce  this 
compact  and  shall  do  all  things  appropriate  to  the  effectuation 
of  its  purposes  and  intent  which  may  be  within  their  re- 
spective jurisdictions. 

Section  7.  Notwithstanding  any  provision  of  Article 
XIV  hereof,  this  act  shall  cease  to  be  in  effect  upon  the 
adoption  by  both  branches  of  the  general  court  of  a  joint 
resolution  stating  that  it  is  no  longer  necessary  for  the 
public  good;  or  may  be  repealed. 

Approved  August  18,  1956. 


An  Act  establishing  a  boaed  of  registration  of  dis-  QJiQ/n  ggg 

PENSING    opticians. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  13  of  the  General  Laws  is  hereby  q.  l.  (Ter. 
amended  by  inserting  after  section  47,  as  amended  by  sec-  §§^48/49,'5o^ 
tion  lA  of  chapter  722  of  the  acts  of  1941,  the  following  added, 
three  sections  under  the  heading:  — 

board  of  registration  of  dispensing  opticians. 

Section  4^.    There  shall  be  a  board  of  registration  of  dis-  Board  of 
pensing  opticians  to  be  appointed  by  the  governor,  with  the  oFdisptnskig 
ad\'ice  and  consent  of  the  council.    The  board  shall  consist  opticians. 
of  five  members,  citizens  of  the  commonwealth,  four  of  whom 
shall  have  been  principally  engaged  as  dispensing  opticians, 
as  defined  in  section  seventy-three  C  of  chapter  one  hundred 
and  twelve,  for  a  period  of  not  less  than  ten  years  and  none 
of  whom  shall  be  in  any  way  connected  with  any  ophthalmic 
school  or  college.    One  member  shall  annually  in  January  be 
appointed  by  the  governor,  with  the  advice  and  consent  of 
the  council  for  a  term  of  five  years. 

Section  49.  The  board  shall  annually  meet  in  the  month  iv^etings, 
of  October  at  such  time  and  places  as  it  shall  determine,  °  °^"' 
and  shall  organize  by  electing  a  chairman  and  secretary 
who  shall  be  members  of  the  board  and  who  shall  hold  their 
respective  offices  for  a  period  of  one  year.  The  board  shall 
hold  additional  meetings  at  such  time  and  places  as  it  shall 
determine  or  upon  call  of  the  chairman.  The  secretary  of 
the  board  shall  give  the  state  treasurer  a  bond  with  sufficient 
sureties,  to  be  approved  by  the  governor  and  council,  for 
the  faithful  performance  of  his  duties. 

Section  50.  There  shall  be  paid  annually  by  the  com-  salaries  and 
monwealth  to  the  secretary  of  the  board  a  salary  of  three  expenses. 
hundred  dollars  and  to  each  other  member  thereof  an  annual 
salary  of  one  hundred  dollars  and  to  each  member  the  neces- 
sary traveling  expenses  actually  incurred  in  attending  the 
meetings  of  the  board  and  such  other  expenses  as  shall  be 
incurred  in  the  discharge  of  his  duties. 

Section  2.    Chapter  1 12  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  73B,  inserted  by  section  n^J"|§^73c- 

73L,  added. 


628 


Acts,  1955. —  Chap.  688. 


3  of  chapter  434  of  the  acts  of  1938,  the  following  sections 
under  the  following  heading:  — 


Dispensing 

optician, 

defined. 


License. 


Registration 
and  examina- 
tion. 


REGISTRATION  AND  LICENSING  OF  DISPENSING  OPTICIANS. 

Section  73C.  A  dispensing  optician  as  referred  to  in 
sections  seventy-three  D  to  seventy-three  L,  inclusive,  is  a 
person  who  prepares  and  dispenses  lenses,  spectacles,  eye- 
glasses and  appliances  thereto  to  the  intended  wearer  thereof 
on  written  prescriptions  from  a  duly  registered  physician 
or  optometrist,  and,  in  accordance  with  such  prescriptions, 
interprets,  measures,  adapts,  fits  and  adjusts  such  lenses, 
spectacles,  eyeglasses  or  appliances  thereto  to  the  human 
face  for  the  aid  or  correction  of  visual  or  ocular  anomaUes 
of  the  human  eyes.  The  services  and  appliances  shall  be 
dispensed  or  furnished  or  supplied  to  the  intended  wearer 
or  user  thereof  only  upon  prescription  issued  by  such  physi- 
cian or  optometrist;  but  duplications,  replacements,  repro- 
ductions or  repetitions  may  be  done  at  retail  without  pre- 
scription, in  which  event  any  such  act  shall  be  construed  as 
that  of  a  dispensing  optician  as  if  performed  on  the  basis  of 
the  original  written  prescription. 

Section  73D.  No  person  or  corporation  shall  directly  or 
indirectly  engage  in  practice  as  a  dispensing  optician,  unless 
he  or  the  person  employed  by  such  corporation  has  been 
granted  a  license  by  the  board  of  registration  of  dispensing 
opticians  referred  to  in  sections  seventy-three  E  to  seventy- 
three  L,  inclusive,  as  the  board. 

Section  73E.  Application  for  registration  as  a  dispensing 
optician  may  be  made  by  any  citizen  over  the  age  of  twenty- 
one  years  who  pays  a  fee  of  twenty-five  dollars  and  furnishes 
the  board  with  proof  that  he  has  received  at  least  three  years 
training  and  experience  in  such  dispensing  under  the  personal 
supervision  of  a  licensed  dispensing  optician,  registered  phy- 
sician or  optometrist,  or  that  he  has  completed  a  regular  day 
course  of  not  less  than  twelve  months  or  a  regular  night 
course  of  not  less  than  eighteen  months  nor  in  any  case  less 
than  six  hundred  hours  in  an  approved  school  or  college 
which  maintains  educational  requirements  satisfactory  to  the 
board.  The  board  shall  thereupon  give  such  applicant  a 
written  or  practical  examination,  or  both,  to  determine 
whether  he  possesses  the  ability,  knowledge  and  fitness  prop- 
erly to  engage  in  practice  as  a  dispensing  optician.  If  the 
applicant  passes  such  examination,  he  shall  be  granted  a 
license  signed  by  the  chairman  and  secretary  of  the  board. 

Any  applicant  who  fails  to  pass  such  examination  shall  be 
entitled  to  take  additional  examinations,  and  for  each  sub- 
sequent examination  a  fee  of  five  dollars  shall  be  paid  by 
such  applicant. 

Any  person  who  shall  have  been  a  licensed  or  registered 
optician  in  another  state  and  shall  present  to  the  board  a 
copy  of  his  certificate  of  registration  or  license,  certified  or 
attested  under  the  seal  by  the  board  of  registration  of  opti- 


Acts,  1955. —  Chap.  688.  629 

cians  or  similar  board  in  any  other  state  where  the  require- 
ments for  registration  are,  in  the  opinion  of  the  board, 
equivalent  to  those  in  this  commonwealth,  may  be  licensed 
as  provided  herein,  Avithout  written  examination,  upon  pay- 
ment of  a  fee  of  twenty-five  dollars;  provided,  that  such 
state  accords  similar  pri\dlege  to  those  holding  licenses  issued 
by  this  commonwealth;  and  provided,  further,  that  the  ap- 
plicant shall  not  have  previously  failed  to  pass  an  examina- 
tion required  in  this  commonwealth  within  five  years,  and 
that  he  intends  to  reside  and  practice  as  a  dispensing  optician 
in  this  commonwealth.  Every  dispensing  optician  shall  con- 
spicuously display  his  license  in  his  place  of  business  or  em- 
ployment, and  shall,  whenever  so  required,  exhibit  it  to  the 
board  or  its  authorized  representatives. 

Section  7SF.  The  board  shall  keep  a  record  of  the  names  Duties  of 
of  all  persons  examined  and  Ucensed  by  it  and  all  moneys  re°port,  etc  "^' 
received  and  disbursed  by  it,  and  a  duplicate  thereof  shall 
be  open  to  public  inspection  in  the  office  of  the  state  secre- 
tary. The  board  shall  make  an  annual  report  of  its  doings 
including  a  statement  of  its  receipts  and  expenditures  during 
the  preceding  year.  The  board  shall  make  such  rules  and 
regulations  consistent  with  law  as  may  be  necessary  to  ad- 
minister sections  seventy-three  C  to  seventy-three  L,  in- 
clusive. 

Section  73G.  Every  Hcensed  dispensing  optician  shall,  bi-  License  fee. 
ennially,  on  or  before  his  birthday,  pay  to  the  board  a  license 
fee  of  five  dollars,  in  default  of  which  the  board  may,  after 
a  hearing,  revoke  or  suspend  his  license;  but  the  payment 
of  the  said  fee  at  or  before  the  time  of  hearing,  with  such 
additional  sum,  not  exceeding  five  dollars,  as  may  be  fixed  by 
the  board  shall  remove  the  default,  revocation  or  suspension. 
A  licensed  dispensing  optician  whose  license  has  not  been 
revoked  but  who  shall  have  temporarily  retired  from  prac- 
tice or  removed  from  the  commonwealth  for  not  exceeding 
five  years  but  who  shall  have  notified  the  board  of  such  re- 
tirement or  removal,  may  register  upon  paying  the  lapsed 
annual  license  fees  and  filing  with  the  board  his  affidavit  as 
to  the  facts  aforesaid. 

Section  78 H.  The  board  may  refuse  to  grant  or  may  sus-  Suspension  or 
pend  for  a  definite  time  or  may  revoke  any  license  of  any  [fcln^*'°°  °^ 
person  found  guilty  of  fraud,  deceit  or  misrepresentation  or 
in  aiding  or  abetting  the  same  in  connection  with  any  appH- 
cation  or  taking  of  an  examination  for  hcense,  or  who  has 
rendered  himself  unable  to  properly  carry  on  his  work  as  a 
licensed  dispensing  optician  as  a  result  of  the  voluntary  use 
of  intoxicating  liquors  or  drugs,  or  for  conviction  in  any 
court  of  the  commonwealth  of  a  crime  involving  moral  turpi- 
tude or  for  the  violation  of  any  provision  of  sections  seventy- 
three  C  to  seventy-three  L,  inclusive,  or  of  any  rule  or  reg- 
ulation of  the  board;  provided,  that  the  board  gives  such 
person  a  written  notice,  at  least  ten  days  before  the  date  of 
the  hearing,  specifying  any  charges  that  may  have  been  made 
against  him,  and  setting  forth  the  time  and  place  for  hearing 


630 


Acts,  1955. —  Chap.  688. 


Practice  with- 
out license 
penalized. 


Certain  sec- 
tions not 
applicable. 


Apprentices, 
etc. 


said  charges.  Such  hearing  shall  be  conducted  by  the  board, 
and  three  members  shall  constitute  a  quorum.  The  person 
accused  shall  be  given  opportunity  to  produce  testimony  in 
his  own  behalf,  shall  be  confronted  by  witnesses  against  him, 
and  shall  be  allowed  representation  by  counsel.  The  board 
may  compel  the  production  of  documents  at  any  hearing, 
and  the  attendance  of  witnesses  who  shall  testify  under 
oath,  administered  by  any  member  of  the  board.  The  fee 
for  witnesses  shall  be  three  dollars  per  day  for  attendance 
and  five  cents  per  mile  for  travel.  If  the  board  after  such 
hearing  refuses  to  grant,  or  revokes  or  suspends  the  license 
of  any  person,  it  shall  forthwith  notify  such  person  of  its 
decision  in  writing.  The  provisions  of  section  sixty-four 
shall  apply  to  any  person  whose  h  cense  or  authority  has  been 
refused,  suspended  or  revoked. 

Section  731.  Whoever,  not  being  duly  licensed  as  a  dis- 
pensing optician,  compounds  and  dispenses,  at  retail,  pre- 
scriptions of  physicians  or  optometrists  for  eyeglasses  and 
lenses  or  makes  duplicates  thereof  at  retail,  or  holds  himself 
out  as  a  dispensing  optician  as  defined  in  section  seventy- 
three  C,  or  violates  any  other  provision  of  sections  seventy- 
three  C  to  seventy-three  L,  inclusive,  or  any  rule  or  regula- 
tion of  the  board,  shall  be  punished  by  a  fine  of  not  less  than 
twenty -five  dollars,  or  by  imprisonment  for  not  more  than 
three  months,  or  both. 

Section  73J.  The  provisions  of  sections  seventy-three  C 
to  seventy-three  L,  inclusive,  shall  not  apply  to  registered 
physicians  or  optometrists. 

Section  7SK.  Any  person  entering  the  employ  of  a 
physician,  optometrist,  licensed  dispensing  optician  as  an 
apprentice  for  the  purpose  of  obtaining  the  experience  and 
training  referred  to  in  section  seventy-three  E,  may  make 
written  application  for  certification  as  an  apprentice  with 
the  board.  Such  application  shall  be  made  upon  a  form  pre- 
scribed by  the  board  and  shall  be  accompanied  by  a  certifi- 
cate of  the  employer,  verifying  the  statements  made  by  the 
applicant.  The  applicant  shall  pay  a  filing  fee  of  one  dollar 
with  such  application.  The  board  shall,  upon  approval  of 
such  apphcation,  issue  to  the  applicant  an  apprentice's 
certificate,  and  thereupon  the  computation  of  any  period  of 
training  and  experience  referred  to  in  section  seventy-three  E 
shall  begin.  Any  person  who  may  have  served  part  of  his 
apprenticeship  in  any  state  or  country  not  requiring  such 
certification  shall  be  obliged  to  give  proof  of  such  service 
satisfactory  to  the  board.  Time  spent  as  an  apprentice  in 
the  employ  of  a  dispensing  optician  or  a  registered  physician 
or  optometrist  prior  to  January  first,  nineteen  hundred  and 
fifty-six,  shall  be  credited  to  the  apprentice  at  such  time  of 
certification  upon  satisfactory  proof  of  such  service  furnished 
to  the  board.  A  certified  apprentice  may  perform  any  of  the 
acts  set  forth  in  section  seventy-three  C  under  the  personal 
supervision  of  a  licensed  dispensing  optician,  optometrist  or 
physician. 


Acts,  1955. —  Chap.  688.  631 

Section  7SL.  The  board  may,  upon  application  and  after  New  license, 
hearing,  revoke  an  order  of  suspension  or  grant  a  new  license 
to  any  person  whose  license  has  been  revoked  or  suspended 
under  the  provisions  of  section  seventy-three  H,  if  the  board 
is  satisfied  that  this  can  be  done  consistently  with  the  public 
interest. 

Section  3.  The  board  of  registration  of  dispensing  op-  certificate  of 
ticians  shall  issue  a  certificate  of  registration  without  ex-  ^^^hout'^°° 
amination  to  any  person  who  makes  application  therefor  examination. 
prior  to  December  first,  nineteen  hundred  and  fifty-six,  who 
pays  a  fee  of  twenty-five  dollars  and  submits  evidence  under 
oath  that  he  is  more  than  twenty-one  years  of  age  and  of  good 
moral  character,  and  that  he  has  actually  prepared  and  dis- 
pensed lenses,  spectacles,  eyeglasses  and  apphances  thereto 
to  the  intended  w^earer  thereof  on  written  prescriptions  from 
duly  registered  physicians  or  optometrists,  and  in  accordance 
with  such  prescriptions  has  interpreted,  measured,  adapted, 
fitted  and  adjusted  such  lenses,  spectacles,  eyeglasses  or  ap- 
pliances thereto  to  the  human  face  for  the  aid  or  correction 
of  visual  or  ocular  anomalies  of  the  human  eyes;  or  was,  on 
the  effective  date  of  this  act,  engaged  in  the  filling,  com- 
pounding or  reproducing  of  prescriptions  of  physicians  or 
optometrists  for  ophthalmic  lenses,  eyeglasses  or  other 
optical  apphances  intended  for  the  correction  or  treatment 
of  defective  vision  or  ocular  anomaUes  of  the  human  eye, 
and  the  mounting  and  fitting  of  the  same  to  frames  or  sup- 
porting materials,  and  the  adapting  of  such  lenses,  eyeglasses 
and  appliances  for  the  use  of  the  wearer. 

In  case  any  person  desiring  to  secure  a  certificate  of  regis- 
tration without  examination  is  unable  to  make  apph cation 
therefor  by  reason  of  the  fact  that  he  is  in  the  armed  forces 
of  the  United  States  on  December  first,  nineteen  hundred  and 
fifty-six,  the  time  within  which  he  may  make  application 
shall  be  extended  until  six  months  after  the  date  of  his  dis- 
charge from  such  service.  The  board  shall  issue  such  cer- 
tificate without  examination  to  any  such  person  who  makes 
application  therefor  within  six  months  after  date  of  his  dis- 
charge from  service  and  pays  a  fee  of  twenty-five  doUars,  and 
submits  evidence  verified  by  oath  and  satisfactory  to  the 
board  as  to  his  character  and  that  he  was  actually  engaged 
in  practice  as  a  dispensing  optician,  as  defined  in  section 
seventy-three  C  of  chapter  one  hundred  and  twelve  of  the 
General  Laws,  as  appearing  in  section  two  of  this  act,  at  the 
time  of  his  entry  into  the  armed  service. 

Section  4.  The  governor,  with  the  advice  and  consent  Members  of 
of  the  council,  shall  forthwith  appoint  the  five  members  of 
the  board  of  registration  of  dispensing  opticians,  estabhshed 
by  section  forty-eight  of  chapter  thirteen  of  the  General 
Laws,  as  appearing  in  section  one  of  this  act,  to  serve  for 
terms  of  one,  two,  three,  four  and  five  years,  respectively,  as 
he  may  designate,  from  the  first  day  of  January,  nineteen 
hundred  and  fifty-six.  Upon  the  expiration  of  their  respec- 
tive terms,  their  successors  shall  be  appointed  as  provided 


632  Acts,  1955.  —  Chaps.  689,  690,  691. 

in  said  section  forty-eight  of  said  chapter  thirteen  of  the 
General  Laws,  as  so  appearing. 

Approved  August  18,  1955. 

Chap.6S9  An  Act  to  provide  for  an  underpass  or  other  suitable 

TRAFFIC  STRUCTURE  JOINING  NONANTUM  ROAD  AND  WATER- 
TOWN  STREET  AT  THE  SOUTHERLY  END  OF  THE  GALEN 
STPEET  BRIDGE  IN  WATERTOWN  FOR  THE  PURPOSE  OF  RE- 
LIEVING  TRAFFIC    CONGESTION   IN   W^ATERTOWN    SQUARE. 

Be  it  enacted,  etc.,  as  follows: 

The  metropolitan  district  commission  is  hereby  author- 
ized to  construct  an  underpass  or  other  suitable  structure 
joining  Nonantum  road  and  Watertown  street  at  the 
southerly  end  of  the  Galen  Street  bridge  in  Watertown  for 
the  purpose  of  relieving  traffic  congestion  in  Watertown 
square  and  for  such  purposes  to  expend  such  money  as  may 
be  appropriated  therefor  or  such  sum  as  may  be  necessary 
from  moneys  already  appropriated  and  allotted  to  said  metro- 
politan district  commission  for  highway  purposes. 

Approved  August  18,  1955. 

Chap.QQO  An  Act  relative  to  the  retirement  rights  of  harry  l. 

ESCOTT,  A  FORMER  EMPLOYEE  OF  THE  TOWN  OF  MONTAGUE. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  any  other  provisions  of  law  to  the  con- 
trary, the  town  of  Montague  may  reinstate  Harry  L.  Escott 
of  said  town  for  the  sole  purpose  of  retirement.  Said  Harry 
L.  Escott  shall  thereupon  become  eligible  to  membership  in 
the  Montague  retirement  system  upon  his  application  and 
payment  by  him  into  the  annuity  savings  fund  of  said  sys- 
tem of  an  amount  equal  to  five  per  cent  of  the  salary  received 
by  him  from  the  effective  date  of  the  system  until  his  separa- 
tion from  service,  plus  interest.  Upon  such  payment  he  shall 
thereupon  be  retired  with  full  credit  for  all  service  rendered 
to  the  town  and  shall  receive  a  retirement  allowance  in  ac- 
cordance with  the  provisions  of  sections  one  to  twenty-eight, 
inclusive,  of  chapter  thirty-two  of  the  General  Laws. 

Approved  August  18,  1955. 

Chap.Q91  An  act  relative  to  the  retirement  rights  of  george 

E.  MUHR,  a  former  employee  of  the  city  of  WORCESTER. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  Any  provision  of  law  to  the  contrary  not- 
withstanding, the  city  of  Worcester  may  reinstate  George 
E.  Muhr  as  a  member  of  the  fire  department  of  said  city  for 
the  sole  purpose  of  retirement  and  in  order  to  correct  a  mis- 
take made  at  the  time  of  his  original  retirement.  Upon  said 
reinstatement,  the  city  of  Worcester  may  retire  said  George 
E.  Muhr  for  disability  caused  by  injuries  sustained  or  hazards 


Acts,  1955.  — Chap.  692.  633 

undergone  in  the  actual  performance  of  his  duties  as  a  mem- 
ber of  said  fire  department.    Said  retirement  shall  be  under     • 
the  provisions  of  paragraph  (a)  of  section  eighty-one  A  of 
chapter  thirty-two  of  the  General  Laws  in  effect  in  said  city 
on  the  date  of  his  original  retirement. 

Section  2.  This  act  shall  take  effect  upon  its  acceptance 
by  the  city  council  of  the  city  of  Worcester,  subject  to  the 
provisions  of  its  charter.  Approved  August  18,  1955. 

An  Act  providing  a  simplified  income  tax  return  form  Chap. Q92 

FOR  THE  USE  OF  CERTAIN  TAXPAYERS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     The  General  Laws  are  hereby  amended  by  g.  l.  (Ter. 
inserting  after  chapter  62  the  following  chapter:  —  dfapter^62A. 

added. 

Chapter  62A. 
Simplified   Method   of   computing   Individual   Income  individual 

TaXFS  income  taxes. 

Section  1.     Definitions.  — Whenever  used  in  this  chapter  Definitions, 
the  following  words  shall  have  the  following  meanings :  — 

"Commissioner",  the  commissioner  of  corporations  and 
taxation. 

"Commission",  the  state  tax  commission. 

"Ehgible  individual",  any  individual  who  is  required  to 
file  a  return  of  his  income  under  the  provisions  of  section 
twenty-two  of  chapter  sixty-two,  whose  only  taxable  income 
is  derived  from  compensation  for  personal  services  rendered 
one  or  more  employers,  provided  the  total  amount  of  such 
individual's  gross  taxable  income  does  not  exceed  eight 
thousand  dollars. 

"Dependent",  a  spouse  of  the  ehgible  taxpayer,  provided 
such  taxpayer  is  entitled  to  a  deduction  of  five  hundred 
dollars  for  such  spouse  under  the  provisions  of  clause  (h)  of 
section  six  of  chapter  sixty-two,  and  any  other  person  on 
account  of  whom  the  taxpayer  is  entitled  to  a  deduction  of 
four  hundred  dollars  within  the  definitions  set  forth  in  said 
clause  (h). 

"Gross  taxable  income",  the  gross  taxable  income  shall 
be  the  total  gross  compensation  for  personal  services  rendered 
one  or  more  employers  which  was  received  during  the  calendar 
year  immediatelj'  preceding  the  date  on  which  the  return 
required  by  this  chapter  is  due  without  any  of  the  deductions 
allowed  under  the  provisions  of  chapter  sixty-two,  including 
taxes,  expenses  or  any  other  amounts  withheld  therefrom. 

Section  2.  Optional  Tax  Table.  —  In  lieu  of  computing  Tax  tabic, 
the  income  tax  imposed  by  chapter  sixty-two  and  any  addi- 
tional taxes  imposed  upon  income  determined  under  the 
provisions  of  said  chapter,  together  with  any  surtaxes  im- 
posed upon  such  income  or  taxes,  any  ehgible  individual 
electing  to  have  his  income  taxes  determined  under  this 
chapter  shall  be  assessed  a  total  tax,  surtaxes  included,  as 
shown  in  the  following  table :  — 


634 


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Acts,  1955.  — Chap.  692. 


637 


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638 


Acts,  1955.  — Chap.  692. 


Returns  to  be 
made  under 
penalties  of 
perjury. 


Due  date. 


Certain  provi- 
sions of 
chapter  62 
to  apply. 


Distribution 
of  taxes. 


Constitution- 
ality. 


Section  S.  Any  eligible  individual  who  is  married  and 
does  not  join  with  his  or  her  spouse  in  the  fiUng  of  a  joint 
return  as  permitted  under  section  twenty-two  of  chapter 
sixty-two,  and  who  is  entitled  to  claim  a  deduction  for  his 
or  her  spouse  under  the  provisions  of  clause  (h)  of  section 
six  of  said  chapter  and  elects  to  have  his  or  her  income  taxes 
determined  under  this  chapter,  shall  be  entitled  to  a  re- 
duction from  the  tax  assessed  by  section  two  in  the  amount  of 
three  dollars  or  the  amount  of  the  tax,  whichever  is  smaller. 

Section  4-  Returns  made  by  eligible  individuals  under 
this  chapter  shall  be  accompanied  by  a  written  declaration 
that  they  are  made  under  the  penalties  of  perjury,  and  shall 
be  filed  wdth  the  commissioner.  They  shall  be  made  in  such 
form  as  the  commissioner,  with  the  approval  of  the  commis- 
sion, shall  prescribe,  and  shall  contain  such  further  informa- 
tion as  the  commissioner  deems  pertinent.  Any  eligible 
individual  who  files  on  the  form  as  prescribed  by  this  section 
shall  be  deemed  to  have  elected  to  report  his  income  and 
have  his  income  taxes  and  surtaxes  determined  in  accordance 
with  this  chapter,  and  shall  be  excused  from  filing  a  return 
under  chapter  sixty-two. 

The  liability  for  the  taxes  as  determined  under  this  chap- 
ter shall  be  in  lieu  of  the  taxes  for  which  such  eligible  indi- 
vidual is  liable  under  chapter  sixty-two,  and  all  additional 
taxes  or  surtaxes  on  individual  income  or  taxes  determined 
in  accordance  with  the  provisions  of  said  chapter. 

Section  5.  Due  Date  of  Returns  and  Tax.  —  Returns  of 
income  filed  under  this  chapter  must  be  filed  on  or  before 
the  fifteenth  day  of  April  of  each  year,  and  the  tax  computed 
on  such  income  is  due  and  payable  at  the  time  of  filing  the 
return. 

Section  6.  Application  of  Certain  Provisions  of  Chapter 
Sixty-two.  —  All  provisions  of  chapter  sixty-two  not  incon- 
sistent with  the  provisions  of  this  chapter  shall  be  applicable 
to  any  individual  who  elects  to  have  his  income  taxes  de- 
termined under  this  chapter,  and  more  specifically  to  the 
extent  that  such  provisions  apply  to  (a)  time  for  making 
assessments  and  applying  for  abatements,  (h)  assessment  of 
penalties,  both  civil  and  criminal,  for  filing  fraudulent  or 
incomplete  returns  or  filing  a  return  after  the  due  date, 
(c)  additional  assessments  and  interest  thereon,  (d)  abate- 
ments and  interest  thereon,  and  (e)  the  collection  and  re- 
funding of  any  taxes  assessed  or  abated  under  this  chapter. 

Section  7.  Distribution  of  Taxes  Collected. —  For  each 
thousand  dollars  collected  on  account  of  returns  filed  under 
this  chapter,  four  hundred  and  eighty-seven  dollars  and 
eighty-five  cents  shall  be  credited  as  taxes  on  incomes  under 
all  sections  except  section  seven  A  of  chapter  sixty-two,  and 
shall  be  made  available  for  distribution  as  set  forth  in  section 
eighteen  of  chapter  fifty-eight.  The  balance  of  the  taxes 
collected  under  this  chapter  shall  be  credited  to  the  General 
Fund  of  the  commonwealth. 

Section  8.    Constitutionality.  —  If  any  part,  subdivision  or 


Acts,  1955.  —  Chaps.  693,  694.  639 

section  of  this  chapter  shall  be  declared  unconstitutional,  the 
validity  of  its  remaining  provisions  shall  not  be  affected 
thereby. 

Section  2.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  fifty-six,  and  shall  apply  to  income 
received  during  the  calendar  year  nineteen  hundred  and 
fifty-five  and  thereafter.  Approved  August  18,  1955. 

An  Act  providing  for  reimbursement  for  lands  trans-  C/?ar). 693 

FERRED    BY   STATE   DEPARTMENTS   OR   AGENCIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provisions  of  law,  ex- 
cept the  provisions  of  chapter  three  hundred  and  fifty-four 
of  the  acts  of  nineteen  hundred  and  fifty-two  and  amend- 
ments thereto,  authorizing  the  taking  by  eminent  domain  or 
otherwise  of  certain  public  lands  for  highway  improvements 
without  the  payment  of  damages  therefor,  the  state  depart- 
ment of  public  works  or  such  other  department,  authority 
or  public  agency  as  may  be  involved  is  hereby  authorized 
and  directed  to  pay  to  the  city,  town,  department,  authority 
or  agency  in  possession  of  lands  so  taken,  transferred  or  used 
an  amount  to  be  mutually  agreed  upon. 

Section  2.  With  respect  to  lands  so  taken,  transferred 
or  used,  which  were  acquired  by  the  metropolitan  district 
commission  for  the  purposes  of  section  thirty-three  or 
thirty-five  of  chapter  ninety-two  of  the  General  Laws,  the 
money  paid  for  such  lands,  as  provided  in  section  one  of 
this  act,  shall  be  deposited  in  the  Metropolitan  Parks  Trust 
Fund  to  be  expended  under  the  direction  of  said  commission 
as  provided  under  section  thirty-four  of  said  chapter  ninety- 
two  for  the  purchase  of  other  lands  to  replace  the  areas  so 
taken,  transferred  or  used. 

Section  3.  The  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  deposit  the  proceeds  of 
the  sale  of  any  land  acquired  for  the  purposes  of  section 
thirty-three  or  thirty-five  of  chapter  ninety-two  of  the  Gen- 
eral Laws  in  the  Metropolitan  Parks  Trust  Fund  to  be  ex- 
pended as  provided  in  section  thirty-four  of  said  chapter 
ninety-two.  Approved  August  18,  1955. 

An  Act  authorizing  off-street  parking  facilities  in  C/iap. 694 

THE    CITY   OF    PITTSFIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  For  tlie  purposes  of  constructing  and  operat- 
ing public  parking  areas,  including  original  pavement  thereof, 
the  cost  of  demolition  of  buildings  and  other  structures  and 
the  clearing  of  said  areas  for  such  pavement,  as  well  as  the 
construction  and  operation  of  facilities  for  off-street  public 
parking,  including  purchase  and  installation  of  parking 
meters,  lighting,  sewer  and  drainage  facilities  therefor,  the 


640  Acts,  1955. —  Chap.  694. 

city  of  Pittsfield  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  such  streets  in  said  city  as  the  city 
council  of  said  city  may  determine. 

Section  2.  Said  city  may,  for  the  purposes  of  this  act, 
borrow  from  time  to  time  such  sums  as  may  be  necessary, 
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  Pittsfield 
Off-Street  Parking  Facilities  Loan,  Acts  of  1955.  Each  au- 
thorized issue  shall  constitute  a  separate  loan,  and  such 
loans  shall  be  payable  in  not  more  than  twenty  years  from 
their  dates.  Indebtedness  incurred  under  this  act  shall  be 
within  the  statutory  debt  limit,  but  shall,  except  as  herein 
provided,  be  subject  to  chapter  forty-four  of  the  General 
Laws,  exclusive  of  the  h'mitations  contained  in  the  first 
paragraph  of  section  seven  thereof. 

Section  3.  The  city  may  install  parking  meters  in  said 
off-street  parking  areas  and  facilities  and  make  a  charge  for 
the  use  of  space  therein,  and  the  receipts  thereof,  together 
with  the  receipts  from  all  other  parking  meters  installed  by 
said  city,  shall  be  applied  annually,  first,  to  annual  payments 
on  account  of  the  above  mentioned  loan  or  loans,  and  sec- 
ondly, for  any  of  the  purposes  for  which  parking  meter  re- 
ceipts may  be  used  under  sections  twenty-two  A,  twenty- 
two  B  and  twenty-two  C  of  chapter  forty  of  the  General 
Laws. 

Section  4.  In  the  event  that  the  city  determines  to 
construct  and  operate  any  off-street  pubHc  parking  areas  or 
facihties,  said  city  shall,  by  ordinance,  establish  rules  and 
regulations  for  the  operation  thereof.  No  products  used  in 
or  for  servicing  of  motor  vehicles  shall  be  sold  or  dispensed 
at  or  in  connection  with  said  off-street  parking  areas  or 
facihties. 

Section  5.  Upon  Uquidation  of  the  loan  authorized  by 
section  two,  the  receipts  from  said  parking  meters  or  fa- 
cihties may  be  used  for  the  purposes  prescribed  by  said  sec- 
tions twenty-two  A,  twenty-two  B  and  twenty-two  C  of 
said  chapter  forty  of  the  General  Laws,  and  the  receipts 
from  all  other  parking  units  installed  by  the  said  city  may 
be  used  by  the  city  as  provided  by  said  sections. 

Section  6.  This  act  shah  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 
therefrom. 

Section  7.  Said  city  may  acquire  said  parking  meters 
in  the  manner  provided  by  section  twenty-two  A  of  said 
chapter  forty. 

Section  8.  This  act  shall  take  effect  upon  its  acceptance 
by  the  city  council  of  the  city  of  Pittsfield,  but  not  otherwise. 

Approved  August  18,  1956. 


Acts,  1955. —  Chap.  695.  641 

An  Act  providing  for  make-up  payments  by  members  (J}iar)  695 

OF     CERTAIN      CONTRIBUTORY     RETIREMENT      SYSTEMS     IN  ^  ' 

ORDER  TO   OBTAIN   CREDIT  FOR  CERTAIN  PAST  SERVICES. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  to  make  immediately  available  p''^^"^^'''^- 
the  privileges  conferred  thereby,  therefore  it  is  hereby  de^ 
clared  to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  convenience. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  3  of  chapter  32  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  striking  out  subdivision  (3),  as  most  ^toli'amended. 
recently  amended  by  section  1  of  chapter  684  of  the  acts  of 
1954,  and  inserting  in  place  thereof  the  following:  — • 

(3)  Notmthstanding  his  fiUng  of  notice  and  waiver  under  MembereWp 
paragraph  (6)  of  subdi\'ision  (2)  of  this  section,  any  em-  iributory*' 
ployee  who,  having  or  having  had  the  right  to  become  a  mem-  ^^^^I^^^^^ 
ber,  failed  to  become  or  elected  not  to  become  a  member,  regulated, 
may  apply  for  and  be  admitted  to  membership  if  under  the 
maximum  age  for  his  group  on  the  date  of  his  application; 
provided,  that  during  his  present  period  of  service  he  had 
previously  been  eligible  for  membership;  and  any  employee 
who,  having  had  the  right  to  become  a  member  of  any  gov- 
ernmental unit  other  than  that  by  which  he  is  presently  em- 
ployed, and  who  failed  to  become  or  elected  not  to  become  a 
member,  may  apply  for  and  be  admitted  to  membership. 
No  employee  shall  otherwise  be  admitted  to  membership  ex- 
cept by  vote  of  the  retirement  board  of  the  system  for  which 
appHcation  is  made,  and  then  only  if  that  board  finds  that 
his  failure  to  become  or  his  election  not  to  become  a  member 
was  caused  by  circumstances  other  than  those  generally  ap- 
pHcable  to  employees.  No  such  member  shall  be  entitled  to 
full  credit  for  service  rendered  prior  to  the  date  of  his  be- 
coming a  member,  unless  before  the  date  any  retirement  al- 
lowance becomes  effective  for  him  he  shall  have  paid  into 
the  annuity  sa\'ings  fund  of  the  system  in  one  sum,  or  in 
instalments,  upon  such  terms  and  conditions  as  the  board 
may  prescribe,  make-up  payments  of  an  amount  equal  to 
that  which  would  have  been  withheld  as  regular  deductions 
from  his  regular  compensation  had  he  joined  the  system  at 
his  earliest  opportunity,  together  with  regular  interest.  Upon 
the  completion  of  such  make-up  payments  such  member 
shall  be  entitled  to  all  creditable  servdce  to  which  he  would 
have  been  entitled  had  he  joined  the  system  when  first 
eligible  to  become  a  member.  In  the  event  any  retirement 
allowance  becomes  effective  for  him  before  the  completion  of 
such  make-up  payments,  such  member  shall,  in  addition  to 
credit  for  his  actual  membership  service,  be  entitled  to  credit 
for  that  proportion  of  his  service  rendered  prior  to  the  date 
of  his  becoming  a  member  which  the  total  amount  of  his 
make-up  payments  actually  made,  together  with  regular  in- 
terest thereon  to  the  date  his  retirement  allowance  becomes 
effective,  bears  to  the  total  amount  of  what  his  make-up 


642 


Acts,  1955. —  Chap.  695. 


G.  L.  (Ter. 
Ed.),  32,  §  3, 
etc.,  further 
amended. 


Retirement  of 
certain  public 
employees, 
regulated. 


G.  L.  (Ter. 
Ed.),  32,  §  3, 
etc.,  further 
amended. 


payments,  together  with  regular  interest  thereon  to  such 
latter  date,  would  have  been  had  he  made  payment  thereof 
in  one  sum  on  such  latter  date. 

Section  2.  Said  section  3  of  said  chapter  32  is  hereby 
further  amended  by  striking  out  subdivision  (5),  as  most 
recently  amended  by  section  3  of  said  chapter  684,  and  in- 
serting in  place  thereof  the  following:  — 

(5)  Any  member  of  any  system  who  had  rendered  serv- 
ice as  an  employee  of  any  governmental  unit  other  than  that 
by  which  he  is  presently  employed,  for  any  previous  period 
during  which  the  first  governmental  unit  had  no  contribu- 
tory retirement  system  or  during  which  he  had  inchoate 
rights  to  a  non-contributory  pension  or  in  a  position  which 
was  not  subject  to  an  existing  retirement  system,  or  which 
was  specifically  excluded  therefrom  but  which  would  be 
covered  under  the  law  now  in  effect,  or  any  member  who 
during  any  period  of  service  for  the  governmental  unit  by 
which  he  is  presently  employed  had  such  inchoate  rights  or 
was  so  excluded  from  membership,  or  any  employee  who  had 
a  right  to  become  a  member  of  an  existing  system  in  any 
other  governmental  unit  and  who  did  not  exercise  such  right, 
and  who,  when  he  left  the  service  of  such  other  governmental 
unit,  had  such  right,  may,  before  the  date  any  retirement 
allowance  becomes  effective  for  him,  pay  into  the  annuity 
savings  fund  of  the  system  in  one  sum,  or  in  instalments, 
upon  such  terms  as  the  board  may  prescribe,  an  amount 
equal  to  that  which  would  have  been  withheld  as  regular  de- 
ductions from  his  regular  compensation  for  such  previous 
period,  or  most  recent  portion  thereof,  as  he  may  elect,  in  no 
event  aggregating  more  than  twenty  years,  had  such  service 
been  rendered  in  the  governmental  unit  by  which  he  is 
presently  employed  and  in  a  position  subject  to  the  pro- 
visions of  this  chapter,  or  to  corresponding  provisions  of 
earher  laws.  In  addition  to  the  payment  of  such  sum  or 
instalments  thereof,  such  member  shall  also  pay  into  the 
annuity  savings  fund  an  amount  of  interest  such  that  at  the 
completion  of  such  payments  the  value  of  his  accumulated 
payments,  together  with  regular  mterest  thereon,  actually 
made  on  account  of  such  previous  intrastate  service  shall 
equal  the  value  of  his  accumulated  regular  deductions  which 
would  have  resulted  if  regular  deductions  had  been  made 
when  regular  compensation  for  such  service  was  actually  re- 
ceived. Upon  the  completion  of  such  payments  such  mem- 
ber shall  receive  the  same  credit  for  such  period  of  his  previous 
intrastate  service  or  portion  thereof  elected  as  would  have 
been  allowed  if  such  service  had  been  rendered  by  him  in  the 
governmental  unit  by  which  he  is  presently  employed.  Such 
member  shall  furnish  the  board  with  such  information  as  it 
shall  require  to  determine  the  amount  to  be  paid  and  the 
credit  to  be  allowed  under  this  subdivision. 

Section  3.  Said  section  3  of  said  chapter  32  of  the  Gen- 
eral Laws  is  hereby  further  amended  by  striking  out  sub- 
division (4),  as  most  recently  amended  by  section  2  of  said 
chapter  684,  and  inserting  in  place  thereof  the  following :  — 


Acts,  1955.  —  Chap.  695.  643 

(4)  Any  member  in  service,  or  any  member  inactive  on  credit  for 
authorized  leave  of  absence  of  the  teachers'  retirement  sys-  ?h7common^^ 
tern,  or  any  member  in  service,  or  any  member  inactive  on  wealth,  ai- 
authorized  leave  of  absence  of  any  other  contributory  retire- 
ment system  who  is  employed  in  a  teaching  position  or  as  a 
principal,  supervisor  or  president  in  a  school  or  college,  or 
employed  in  the  department  of  education  as  supervisor  of 
teachers  or  of  educational  methods,  who  had  rendered  serv- 
ice in  any  other  state  for  any  previous  period  as  a  teacher, 
principal,  supervisor  or  superintendent  in  the  public  day 
schools  or  other  day  school  under  exclusive  public  control 
and  supervision,  or  as  a  teacher,  principal,  supervisor  or 
president  in  a  state  normal  school,  state  teachers  college  or 
like  institution,  or  other  college  under  exclusive  public  con- 
trol and  supervision,  or  who  was  employed  in  a  state  depart- 
ment of  education  as  supervisor  of  teachers  or  of  educational 
methods,  may,  before  the  date  any  retirement  allowance  be- 
comes effective  for  him,  pay  into  the  annuity  savings  fund 
of  the  system  in  one  sum,  or  in  instalments,  upon  such 
terms  and  conditions  as  the  board  may  prescribe,  an  amount 
equal  to  that  which  would  have  been  withheld  as  regular 
deductions  from  his  regular  compensation  for  such  previous 
period,  or  most  recent  portion  thereof,  as  he  may  elect,  had 
such  service  been  rendered  in  a  pubUc  school  of  the  common- 
wealth and  had  he  been  a  member  of  the  teachers'  retire- 
ment system  during  the  period  the  service  was  rendered; 
provided,  that  for  such  service  which  was  rendered  prior  to 
July  first,  nineteen  hundred  and  fourteen,  payment  shall  be 
made  equal  to  the  regular  deductions  which  would  have  been 
withheld  from  his  regular  compensation  if  the  teachers'  re- 
tirement system,  as  estabhshed  by  chapter  eight  hundred 
and  thirty-two  of  the  acts  of  nineteen  hundred  and  thirteen, 
had  been  in  effect  during  the  period  the  service  was  rendered, 
and  the  interest  to  July  first,  nineteen  hundred  and  fourteen, 
shall  be  computed  at  the  rate  of  three  per  cent.  Pa3anent 
shall  not  be  made  and  no  credit  shall  be  allowed  for  service 
in  other  states  in  excess  of  the  total  Massachusetts  service 
to  which  the  member  would  be  entitled  to  receive  credit  if 
he  remained  in  service  to  age  sixty-five,  with  a  maximum 
credit  for  service  in  other  states  not  to  exceed  ten  years; 
provided,  that  no  credit  shall  be  allowed  and  no  payment 
shall  be  accepted  for  any  service  for  which  the  member  shall 
be  entitled  to  receive  a  retirement  allowance  from  any  other 
state.  In  addition  to  the  payment  of  such  sum  or  instal- 
ments thereof,  such  member  shall  also  pay  into  the  annuity 
savings  fund  an  amount  of  interest  such  tJiat  at  the  comple- 
tion of  such  payments  the  value  of  his  accumulated  pay- 
ments, together  with  regular  interest  thereon,  actually  made 
on  account  of  such  previous  out-of-state  service,  shall  equal 
the  value  of  his  accumulated  regular  deductions  which  would 
have  resulted  if  regular  deductions  had  been  made  when  reg- 
ular compensation  for  such  service  was  actually  received. 
Upon  the  completion  of  such  payments,  such  member  shall 
receive  the  same  credit  for  such  period  of  his  previous  out- 


644 


Acts,  1955. —  Chap.  695. 


G.  L.  (Ter. 
Ed.),  32,  §  3. 
etc.,  further 
amended. 


Reinstatement 
in  service. 


of-state  service,  or  portion  thereof  elected,  as  would  have 
been  allowed  if  such  service  had  been  rendered  by  him  in  a 
pubhc  school  of  the  commonwealth.  Such  member  shall  fur- 
nish the  board  with  such  information  as  it  shall  require  to 
determine  the  amount  to  be  paid  and  the  credit  to  be  al- 
lowed under  this  subdivision.  At  the  time  a  retirement  al- 
lowance becomes  due  to  a  member  or  to  a  beneficiary  under 
option  (d)  of  subdivision  (2)  of  section  twelve,  if  the  Massa- 
chusetts service  on  the  date  either  retirement  allowance  be- 
comes effective,  or  on  the  date  the  member  attained  age 
sixty-five,  whichever  first  occurs,  is  less  than  the  service  in 
other  states  for  which  the  member  has  paid,  credit  shall  be 
allowed  only  for  the  most  recent  service  rendered  in  other 
states  equal  to  such  Massachusetts  service,  and  the  amount 
paid  for  additional  service  shall  be  refunded  with  accumu- 
lated interest,  refund  to  be  made  only  when  the  retirement 
allowance  becomes  due  to  the  member  or  to  the  beneficiary 
under  option  (d)  of  subdivision  (2)  of  section  twelve,  and  if 
it  is  found  that  payment  has  been  accepted  for  any  service 
for  which  the  member  is  entitled  to  a  retirement  allowance 
from  any  other  state,  the  amount  paid  for  such  service  with 
accumulated  interest  shall  also  be  refunded  with  no  retire- 
ment credit  allowed. 

Section  4.  Subdivision  (6)  of  said  section  3  of  said  chap- 
ter 32  is  hereby  amended  by  striking  out  paragraph  (d),  as 
most  recently  amended  by  section  4  of  said  chapter  684,  and 
inserting  in  place  thereof  the  following  paragraph :  — 

(d)  Any  former  member  who  is  reinstated  to  or  who  re- 
enters the  active  service  of  the  governmental  unit  in  which 
he  was  formerly  employed  to  serve  in  a  position  which  is 
subject  to  the  provision  of  this  chapter,  more  than  two  years 
after  the  date  of  his  last  separation  therefrom,  but  not  less 
than  two  years  prior  to  the  date  he  will  attain  the  maximum 
age  for  his  group,  may,  before  the  date  any  retirement  allow- 
ance becomes  effective  for  him,  pay  into  the  annuity  savings 
fund  of  the  system  in  one  sum,  or  in  instalments,  upon  such 
terms  and  conditions  as  the  board  may  prescribe,  make-up 
payments  of  an  amount  equal  to  the  accumulated  regular 
deductions  withdrawn  by  him,  together  with  regular  interest. 
Upon  such  re-employment  and  upon  making  such  payment 
in  one  sum  or  upon  making  provision  for  payment  thereof  in 
instalments,  as  the  case  may  be,  such  former  member  shall 
again  become  a  member.  Upon  the  completion  of  such 
make-up  payments  such  member  shall  be  entitled  to  all 
creditable  service  resulting  from  his  previous  employment. 
In  the  event  any  retirement  allowance  becomes  effective  for 
him  before  the  completion  of  such  make-up  payments,  such 
member  shall,  in  addition  to  credit  for  his  actual  membership 
service  rendered  since  the  date  of  his  last  becoming  a  mem- 
ber, be  entitled  to  credit  for  that  proportion  of  his  previous 
creditable  service  rendered  prior  to  such  date  which  the 
total  amount  of  his  make-up  paj'^ments  actually  made,  to- 
gether with  regular  interest  thereon  to  the  date  his  retirement 


Acts,  1955.  — Chap.  695.  645 

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  5.    Subdivision  (8)  of  said  section  3  of  said  chap-  g.  l.  (Xer. 
ter  32  is  hereby  amended  by  striking  out  paragraph  (b),  as  etc".,'further ' 
most  recently  amended  by  section  5  of  said  chapter  684,  and  amended, 
inserting  in  place  thereof  the  following  paragraph :  — 

(6)  Any  former  member  of  any  contributory  retirement  Payments 
system  established  under  the  provisions  of  this  chapter,  or  '°  °  ^°  • 
under  corresponding  provisions  of  earlier  laws  or  of  any 
special  law,  who  subsequently  becomes  employed  in  a  posi- 
tion in  any  other  governmental  unit  in  which  such  a  system 
is  operative,  may,  before  the  date  any  retirement  allowance 
becomes  effective  for  him,  pay  into  the  annuity  savings  fund 
of  the  system  pertaining  to  his  new  employment  in  one  sum, 
or  in  instalments,  upon  such  terms  and  conditions  as  the 
board  may  prescribe,  make-up  payments  of  an  amount  equal 
to  the  accumulated  regular  deductions  withdrawn  by  him 
from  the  system  from  which  he  last  became  separated,  to- 
gether with  regular  interest ;  provided,  that  such  position  is 
subject  to  the  provisions  of  the  law  relating  to  the  system 
pertaining  to  his  new  employment,  and  that  the  date  of  com- 
mencement of  his  new  employment  is  not  less  than  two  years 
prior  to  the  date  he  will  attain  the  maximum  age  for  his 
group.  Upon  commencing  such  employment  and  upon  mak- 
ing such  payment  in  one  sum,  or  upon  making  provision  for 
payment  thereof  in  instalments,  as  the  case  may  be,  such 
former  member  shall  become  a  member  of  the  system  per- 
taining to  his  new  employment.  Upon  the  completion  of 
such  make-up  payments  such  member  shall  be  entitled  to 
all  creditable  service  resulting  from  his  previous  employ- 
ment. In  the  event  any  retirement  allowance  becomes  effec- 
tive for  him  before  the  completion  of  such  make-up  pay- 
ments, such  member  shall,  in  addition  to  credit  for  his  actual 
membership  service  rendered  since  the  date  of  his  becoming 
a  member  of  the  system  pertaining  to  his  new  employment, 
be  entitled  to  credit  for  that  proportion  of  his  pre\'ious 
creditable  service  attributable  to  his  former  membership  in 
the  system  from  which  he  last  became  separated  which  the 
total  amount  of  his  make-up  payments  actually  made,  to- 
gether with  regular  interest  thereon  to  the  date  his  retire- 
ment allowance  becomes  effective,  bears  to  the  total  amount 
of  what  his  make-up  payments,  together  with  regular  in- 
terest thereon  to  such  latter  date,  would  have  been  had  he 
made  payment  thereof  in  one  sum  on  such  latter  date. 

Section  6.    Subdivision  (2)  of  section  4  of  said  chapter  g.  l.  (Xer. 
32  is  hereby  amended  by  striking  out  paragraph  (c),  as  most  ^to.'!'^ended. 
recently  amended  by  section  6  of  said  chapter  684,  and  in- 
serting in  place  thereof  the  follo\\dng  paragraph:  — • 

(c)  In  the  case  of  any  employee  of  any  governmental  unit  ^°=^rf.*^ 
who  is  a  member  of  the  system  pertaining  thereto,  or  who  amount  to  be 
becomes  a  member  before  January  first,  nineteen  hundred  ^^Jn^MM. 


646  Acts,  1955. —  Chap.  696. 

and  fifty-one,  the  board  may  allow  credit,  upon  whatever 
proportionate  basis  it  shall  determine  under  appropriate 
rules  and  regulations  which  shall  be  subject  to  the  approval 
of  the  actuary,  for  any  previous  period  of  part-time,  provi- 
sional, temporary,  temporary  provisional,  seasonal  or  inter- 
mittent employment  or  service  rendered  by  him  before  Jan- 
uary first,  nineteen  hundred  and  forty-six,  and  after  such 
system  became  operative  and  while  he  was  not  eligible  for 
membership  excluding  any  prescribed  waiting  period  under 
the  provisions  of  the  law  or  under  the  board's  rules  and  regu- 
lations in  effect  during  such  previous  period  before  eligibility 
for  membership,  established  either  by  law  or  board  ruHng, 
prior  to  January  first,  nineteen  hundred  and  forty-six,  for 
which  such  service  credit  was  given  upon  attaining  member- 
ship; provided,  that  after  becoming  a  member  or  being  re- 
instated as  such,  and  before  the  date  any  retirement  allow- 
ance becomes  effective  for  him,  he  pays  into  the  annuity 
savings  fund  of  the  system  in  one  sum,  or  in  instalments, 
upon  such  terms  and  conditions  as  the  board  may  prescribe, 
make-up  payments  of  an  amount  equal  to  that  which  would 
have  been  withheld  as  regular  deductions  from  his  regular 
compensation  had  he  been  eligible  for  membership  and  been 
a  member  of  such  system  during  such  previous  period,  to- 
gether with  regular  interest.  In  the  event  any  retirement 
allowance  becomes  effective  for  him  before  the  completion  of 
such  make-up  payments,  such  member  shall,  in  addition  to 
credit  for  his  actual  membership  service,  be  entitled  to  credit 
for  that  proportion  of  his  service  rendered  prior  to  the  date 
of  his  becoming  a  member  which  the  total  amount  of  his 
make-up  payments  actually  made,  together  with  regular  in- 
terest 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  7.  Nothing  contained  in  this  act  shall  supersede 
the  limitations  of  chapter  five  hundred  and  twenty  of  the 
acts  of  nineteen  hundred  and  forty-seven  or  chapter  three 
hundred  and  fifty-five  of  the  acts  of  nineteen  hundred  and 
fifty  or  chapter  three  hundred  and  seventy-nine  of  the  acts 
of  nineteen  hundred  and  fifty-two  or  section  seven  of  chap- 
ter six  hundred  and  eighty-four  of  the  acts  of  nineteen  hun- 
dred and  fifty-four.  Approved  August  22,  1955. 

Chap. 696  An  Act  to   strengthen  the  activities  of  cities  and 

TOWNS  IN  THE   PREVENTION  OF  JUVENILE  DELINQUENCY. 

Emergency  Whereas,    The  deferred  operation  of  this  act  would  tend 

pream  e.  ^^  dcfcat  its  purpose,  which  is  to  enable  cities,  towns  and 
regional  school  districts  to  employ  immediately  school  ad- 
justment counsellors,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preserva- 
tion of  the  public  convenience. 


Acts,  1955.  —  Chap.  696.  647 

Be  it  enacted,  etc.,  as  follows: 

Chapter  71  of  the  General  Laws  is  hereby  amended  by  g.  l.  (Tcf. 
inserting  after  section  46F,  inserted  by  section  2  of  chapter  f^lecf  added. 
626  of  the  acts  of  1955,  the  following  section:  —  Section  46G. 
To  facilitate  the  early  detection  of  children  manifesting  cities  and 
traits  tending  toward  juvenile  delinquency  and  to  assist  in  take°cenam 
the  prevention  of  such  children  becoming  juvenile  delin-  action  to  pre- 
quents,  any  city  or  town  acting  by  its  school  committee  and  definqulncy.* 
out  of  funds  appropriated  for  general  school  purposes,  and 
any  regional  school  district,  may  employ  such  number  of 
school  adjustment  counsellors  as  the  school  committee,  with 
the  written  approval  of  the  director  of  the  division  of  youth 
service  in  the  department  of  education,  shall  deem  neces- 
sary. Each  such  school  adjustment  counsellor  shall  be 
responsible  for  (a)  counselling  and  helping  children  in  the 
primary  and  elementary  grades  who  are  neglected,  mal- 
adjusted, emotionally  disturbed,  neurotic  or  otherwise 
potentially  delinquent  and  are  referred  to  him  by  a  teacher, 
principal  or  other  school  personnel,  (b)  co-operating  with 
teachers,  principals  and  all  other  school  personnel  in  assist- 
ing and  readjusting  such  children,  (c)  establishing  helpful 
and  kindly  relationships  with  the  home  for  the  purpose  of 
assisting  parents  to  improve  spiritual,  moral,  economic, 
physical  or  social  conditions  that  threaten  the  welfare  of 
the  child  and  of  society,  (d)  enhsting  the  interest  and  the 
help  of  clergymen  and  other  local  leaders  and  officials  in  a 
mutual  community  effort  to  save  such  children  from  delin- 
quency, and  (e)  serving  as  a  referral  agent  to  obtain  neces- 
sary aid  from  specialized  public  or  private  organizations  in 
serious  cases  which  appear  to  be  beyond  the  resources  of 
the  community.  No  person  shall  be  employed  under  this 
section  unless  his  professional  and  personal  qualifications 
have  been  approved  by  the  commissioner  of  education  and 
the  director  of  said  division  of  youth  service.  If  said  com- 
missioner or  said  director  disapproves  the  qualifications  of 
such  person,  he  shall  state  in  writing  his  reasons.  Any 
town  or  regional  school  district  not  requiring  the  services 
of  a  school  adjustment  counsellor  on  a  full  time  basis  may 
join  with  one  or  more  other  towns  or  regional  school  dis- 
tricts in  employing  a  school  adjustment  counsellor  under 
the  limitations  of  this  section.  Any  city,  town  and  regional 
school  district  employing  one  or  more  school  adjustment 
counsellors  in  accordance  with  this  section  shall  aimually 
receive  for  salary  and  expenses  through  the  department  of 
education  upon  attested  claim  made  therefor  by  the  school 
committee  on  a  form  provided  by  said  department  reim- 
bursement from  the  commonwealth  not  exceeding  forty-five 
hundred  dollars  for  the  first  such  counsellor  and  not  exceed- 
ing twenty-two  hundred  and  fifty  dollars  for  each  addi- 
tional counsellor.  Approved  August  22,  1956. 


648 


Acts,  1955.  — Chaps.  697,  698. 


Chap. 697  An  Act  relativb  to  debt  pooling  plans. 

Be  it  enacted,  etc.,  as  follows: 


G.  L.  (Ter. 
Ed.).  221, 
new  §  46C, 
added. 

Debt  pooling 
plans  for- 
bidden except 
to  members 
of  the  bar. 


G.  L.  (Ter. 
Ed.),  221, 
§  46B,  etc., 
amended. 


Courts  may 

restrain 

violations. 


Section  1.  Chapter  221  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  46B  the  following  sec- 
tion :  —  Section  46C.  The  furnishing  of  advice  or  services 
for  and  in  behalf  of  a  debtor  in  connection  with  any  debt 
pooling  plan,  whereby  such  debtor  deposits  any  funds  for 
the  purposes  of  making  pro  rata  payments  or  other  dis- 
tributions to  his  creditors,  shall  be  deemed  to  be  the  practice 
of  law  within  the  provisions  of  sections  forty-six  and  forty- 
six  A.  Any  person  who,  not  being  a  member  of  the  bar  of 
the  commonwealth,  furnishes  or  offers  to  furnish  any  such 
advice  or  services,  shall  be  punished  by  a  fine  of  not  more 
tlian  five  hundred  dollars  or  by  imprisonment  for  not^more 
than  six  months  or  both. 

Section  2.  Section  46B  of  said  chapter  221,  as  amended 
by  chapter  75  of  the  acts  of  1947,  is  hereby  further  amended 
by  striking  out,  in  line  7,  the  words  "or  forty-six  A"  and 
inserting  in  place  thereof  the  words :  — ,  forty-six  A  or 
forty-six  C,  —  so  as  to  read  as  follows:  —  Section  46B.  The 
supreme  judicial  court  and  the  superior  court  shall  have 
concurrent  jurisdiction  in  equity,  upon  petition  of  any  bar 
association  within  the  commonwealth,  or  of  three  or  more 
members  of  the  bar  of  the  commonwealth,  or  of  the  attorney 
general,  or  of  the  district  attorney  within  his  district,  to 
restrain  \'iolations  of  section  forty-six,  forty-six  A  or  forty- 
six  C.  Approved  August  22,  1955. 


Chap.QQS  An  Act  providing  funds  for  highway  work  made  nec- 
essary BY  THE  FLOODS  CAUSED  BY  THE  RAINS  OF  AUGUST 
eighteen  and  NINETEEN,  NINETEEN  HUNDRED  AND  FIFTY- 
FIVE. 


Emergency 
preamble. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  to  provide  immediately  for 
the  reUef  of  the  disaster  caused  by  the  floods  of  August, 
nineteen  hundred  and  fifty-five,  therefore  it  is  hereby  de- 
clared to  be  an  emergency  law,  necessary  for  the  immediate 
preservation  of  the  public  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  purposes  of  disaster  relief 
in  the  areas  stricken  by  the  floods  caused  by  the  rains  of 
August  eighteen  and  nineteen  of  the  current  yearj'as  more 
clearly  specified  hereinafter,  the  sum  of  twenty-five  million 
dollars  is  hereby  made  available  for  transfer  by  the  com- 
mission on  administration  and  finance,  at  its  discretion,  for 
the  following  purposes:  — 

(1)  To  the  director  of  civil  defense  such  amounts  as  may 
be  necessary  to  provide  for  expenditures  or  reimbursements 
and  other  expenses  authorized  by  section  four  of  this  act; 


Acts,  1955. —  Chap.  698.  649 

(2)  To  reimburse  the  appropriation  accounts  available  for 
the  fiscal  year  nineteen  hundred  and  fifty-six  of  the  several 
other  state  departments,  boards  and  commissions  such 
amounts  as,  in  the  opinion  of  the  commission  are  necessary 
and  have  been  expended  therefrom  for  purposes  of  disaster 
relief  or  repair  of  flood  damage,  including  the  expense  of  the 
services  of  national  guard  units  duly  called  for  service  in  the 
stricken  area. 

Section  2.  To  meet  the  expenditures  necessary  in  carry- 
ing out  the  provisions  of  tliis  act,  the  state  treasurer  shall, 
upon  request  of  the  governor  and  council,  issue  and  sell  at 
public  or  private  sale  bonds  of  the  commonwealth,  registered 
or  with  interest  coupons  attached,  as  he  may  deem  best, 
to  an  amount  to  be  specified  by  the  governor  and  council 
from  time  to  time,  but  not  exceeding,  in  the  aggregate,  the 
sum  of  twenty-five  million  dollars.  All  bonds  issued  by  the 
commonwealth,  as  aforesaid,  shall  be  designated  on  the  face, 
Highway  Flood  ReUef  Loan,  Act  of  1955,  and  shall  be  on 
the  serial  payment  plan  for  such  maximum  term  of  years 
not  exceeding  twenty  years  from  the  date  of  issue  as  the 
governor  may  recommend  to  the  general  court  pursuant  to 
section  3  of  Article  LXII  of  the  Amendments  to  the  Con- 
stitution of  the  Commonwealth,  the  maturities  thereof  to 
be  so  arranged  that  the  amounts  payable  in  the  several 
years  of  the  period  of  amortization  other  than  the  final  year 
shall  be  as  nearly  equal  as  in  the  opinion  of  the  state  treas- 
urer it  is  practicable  to  make  them.  Said  bonds  shall  bear 
interest  payable  semi-annually  at  such  rate  as  the  state 
treasurer  wiih  the  approval  of  the  governor  shall  fix.  The 
initial  maturities  of  such  bonds  shall  be  payable  not  later 
than  one  year  from  the  date  of  issue  thereof,  and  the  entire 
issue  not  later  than  June  thirtieth,  nineteen  hundred  and 
eighty-one. 

All  interest  payments  and  payments  on  account  of  princi- 
pal on  such  obligations  shall  be  paid  from  the  Highway 
Fund;  provided,  that  notwithstanding  the  foregoing,  such 
obligations  shall  be  general  obligations  of  the  common- 
wealth. 

Section  3.  The  proceeds  of  the  additional  excise  levied 
under  the  provisions  of  chapter  six  hundred  and  ninety-nine 
of  the  acts  of  nineteen  hundred  and  fifty-one  and  the  pro- 
ceeds of  the  additional  excise  levied  under  the  provisions  of 
chapter  five  hundred  and  fifty-six  of  the  acts  of  nineteen 
hundred  and  fifty-two  shall  be  paid  into  the  treasury  and 
credited  to  the  Highway  Fund,  and,  in  addition  to  the 
purposes  specified  in  said  acts,  shall  be  used  in  so  far  as 
available  toward  meeting  the  interest  and  serial  payments 
on  the  bonds  of  the  commonwealth  issued  under  authority 
of  section  two  of  this  act. 

Section  4.  The  commonwealth  shall,  subject  to  the  ap- 
proval of  a  board  consisting  of  the  director  of  civil  defense, 
the  director  of  accounts  of  the  department  of  corporations 
and  taxation,  the  commissioner  of  administration,  and  the 


650  Acts,  1955. —  Chap.  699. 

commissioner  of  public  works,  reimburse  or  allocate  for  the 
benefit  of  the  political  subdivisions  of  the  commonwealth 
affected  by  said  August  floods,  an  amount  equal  to  their 
obligations  of  repajonent  of  any  indebtedness  incurred  under 
the  provisions  of  chapter  six  hundred  and  thirty-nine  of  the 
acts  of  nineteen  hundred  and  fifty,  as  amended,  or  incurred 
under  the  provisions  of  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  floods,  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  highway  repairs  necessitated  by  said  floods,  and, 
in  addition,  the  commonwealth  may  expend  amounts  ap- 
proved by  said  board  referred  to  above  for  purposes  of 
disaster  relief  or  repair  of  flood  damage,  for  the  benefit  of 
the  political  subdivisions  of  the  commonwealth  affected  by 
said  August  floods;  provided,  that  the  total  amount  to  be 
paid  by  the  commonwealth  for  such  purposes  shall  not  ex- 
ceed twenty-five  million  dollars. 

Section  5.  The  reimbursement  provisions  of  section  four 
of  this  act  shall  be  extended  to  cover  reimbursements  to  the 
political  subdivisions  of  the  commonwealth  annually  in  an 
amount  necessary  to  cover  their  obligations  of  repayment  of 
principal  and  interest  of  any  indebtedness  authorized  by 
such  political  subdivisions  prior  to  the  effective  date  of  this 
act  without  approval  of  the  emergency  finance  board;  pro- 
vided, such  approval  is  obtained  prior  to  such  reimburse- 
ment. Approved  August  23,  1955, 

Chap.Q99  An  Act  relative  to  the  alleviation  of  certain  financla.l 

BURDENS  IMPOSED  BY  THE  FLOODS  CAUSED  BY  THE  RAINS 
OF  AUGUST  EIGHTEEN  AND  NINETEEN,  NINETEEN  HUNDRED 
AND   FIFTY-FIVE. 

Emergency  Whereus,  The  deferred  operation  of  this  act  would  tend  to 

preamble.  defeat  its  purpose,  which  is  to  provide  immediately  for  the 
relief  of  the  (hsaster  caused  by  the  floods  of  August,  nine- 
teen hundred  and  fifty-five,  therefore  it  is  hereby  declared 
to  be  an  emergency  law,  necessary  for  the  immediate  preser- 
vation of  the  public  health,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  purposes  of  disaster  relief 
in  the  areas  stricken  by  the  floods  caused  by  the  rains  of 
August  eighteen  and  nineteen  of  the  current  year,  as  more 
clearly  specified  hereinafter,  the  sum  of  thirty  million  dol- 
lars is  hereby  made  available  for  transfer  by  the  commission 
on  administration  and  finance,  at  its  discretion,  for  the  fol- 
lowing purposes:  — 


Acts,  1955.  —  Chap.  699.  651 

(1)  To  the  director  of  civil  defense  such  amounts  as  may- 
be necessary  to  provide  for  expenditures  or  reimbursements 
and  other  expenses  authorized  by  section  four  of  this  act; 

(2)  To  the  commissioner  of  corporations  and  taxation  such 
amounts  as  may  be  necessary  to  provide  for  reimbursements 
authorized  by  section  seven  of  this  act; 

(3)  To  reimburse  the  appropriation  accounts  available  for 
the  fiscal  year  nineteen  hundred  and  fifty-six  of  the  several 
other  state  departments,  boards  and  commissions  such 
amounts  as,  in  the  opinion  of  the  commission  are  necessary 
and  have  been  expended  therefrom  for  purposes  of  disaster 
relief  or  repair  of  flood  damage,  including  the  expense  of  the 
services  of  national  guard  units  duly  called  for  service  in  the 
stricken  areas; 

(4)  To  reimburse  or  to  expend  such  sums  for  authorities 
of  the  commonwealth  estabb'shed  by  special  act  for  such 
amounts  as  in  the  opinion  of  the  commission  are  necessary 
and  have  been  expended  for  purposes  of  disaster  relief  or 
repair  of  flood  damage. 

Section  2.  Any  unencumbered  funds  remaining  in  the 
hands  of  the  commission  on  June  thirtieth,  nineteen  hun- 
dred and  fifty-seven,  shall  be  available  for  the  payment  of 
any  principal  and  interest  due  thereafter  on  bonds  author- 
ized by  this  act. 

Section  3.  To  meet  the  expenditures  necessary  in  carry- 
ing out  the  provisions  of  this  act,  the  state  treasurer  shall, 
upon  request  of  the  governor  and  council,  issue  and  sell  at 
public  or  private  sale  bonds  of  the  commonwealth,  registered 
or  with  interest  coupons  attached,  as  he  may  deem  best,  to 
an  amount  to  be  specified  by  the  governor  and  council  from 
time  to  time,  but  not  exceeding,  in  the  aggregate,  the  sum  of 
thirty  milhon  dollars.  All  bonds  issued  by  the  common- 
wealth, as  aforesaid,  shall  be  designated  on  the  face,  August 
Flood  Relief  Loan,  Act  of  1955,  and  shall  be  on  the  serial 
payment  plan  for  such  maximum  term  of  years,  not  exceed- 
ing twenty  years,  the  initial  maturities  of  which  shall  be 
payable  not  later  than  one  year  from  their  date  of  issue,  as 
the  governor  may  recommend  to  the  general  court  pursuant 
to  section  3  of  Article  LXII  of  the  Amendments  to  the  Con- 
stitution of  the  Commonwealth,  the  maturities  thereof  to  be 
so  arranged  that  the  amounts  payable  in  the  several  years 
other  than  the  final  year  shall  be  as  nearly  equal  as  in  the 
opinion  of  the  state  treasurer  it  is  practicable  to  make  them. 
Said  bonds  shall  bear  interest  semi-annually  at  such  rate  as 
the  state  treasurer,  with  the  approval  of  the  governor,  shall 
fix,  and  shall  be  payable  not  earlier  than  July  first,  nineteen 
hundred  and  fifty-six,  nor  later  than  June  thirtieth,  nineteen 
hundred  and  seventy-seven. 

Section  4.  The  commonwealth  shall,  subject  to  the  ap- 
proval of  a  board  consisting  of  the  director  of  civil  defense, 
the  director  of  accounts  of  the  department  of  corporations 
and  taxation,  the  commissioner  of  administration,  and  the 
commissioner  of  pubhc  works,  reimburse  or  allocate  for  the 


652  Acts,  1955. —  Chap.  699. 

benefit  of  the  political  subdivisions  of  the  commonwealth 
affected  by  said  August  floods,  an  amount  equal  to  their 
obligations  of  repayment  of  any  indebtedness  incurred  under 
the  provisions  of  chapter  six  hundred  and  thirty-nine  of  the 
acts  of  nineteen  hundred  and  fifty,  as  amended,  or  incurred 
under  the  provisions  of  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  cre- 
ated by  said  floods,  and  shall  reimburse  them  for  any  ex- 
penditures 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  sec- 
tion thirty-one  of  chapter  forty-four  of  the  General  Laws  as 
a  result  of  an  emergency  created  by  said  floods,  and,  in  addi- 
tion, the  commonwealth  may  expend  amounts  approved  by 
said  board  referred  to  above  for  purposes  of  disaster  relief 
or  repair  of  flood  damage,  for  the  benefit  of  the  political  sub- 
divisions of  the  commonwealth  affected  by  said  August 
floods;  provided,  that  the  total  amount  to  be  paid  by  the 
commonwealth  for  such  purposes  shall  not  exceed  thirty 
million  dollars. 

Section  5,  The  reimbursement  provisions  of  section  four 
of  this  act  shall  be  extended  to  cover  reimbursements  to  the 
pohtical  subdivisions  of  the  commonwealth  annually  in  an 
amount  necessary  to  cover  their  obhgations  of  repayment  of 
principal  and  interest  of  any  indebtedness  authorized  by  such 
pohtical  subdivisions  prior  to  the  effective  date  of  this  act 
without  approval  of  the  emergency  finance  board;  provided, 
such  approval  is  obtained  prior  to  such  reimbursement. 

Section  6.  The  board  of  assessors  in  each  city  or  town 
affected  by  the  floods  of  August,  nineteen  hundred  and  fifty- 
five,  may,  on  application  for  abatement  in  respect  to  the  tax 
on  real  estate  and  personal  property  for  the  year  nineteen 
hundred  and  fifty-five,  filed"^  in  compliance  with  the  pro- 
visions of  section  fifty-nine  of  chapter  fifty-nine  of  the  Gen- 
eral Laws,  grant  an  abatement  in  such  amount  as  in  the 
opinion  of  the  assessors  provides  an  equitable  adjustment  of 
taxes  on  property,  both  real  and  personal,  wholly  or  partially 
destroyed  by  said  floods;  provided,  that  such  abatement 
shall  not  exceed  that  portion  of  the  tax  which  relates  to  the 
assessment  on  buildings  destroyed  on  said  real  estate  and  on 
personal  property;  or  the  assessors  may  request  the  state 
tax  commission  under  the  provisions  of  section  eight  of  chap- 
ter 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  build- 
ings on  said  real  estate  and  on  personal  property  and  which 
tax  may  be  or  has  been  levied  against  those  who  were  the 
owners  of  record  of  property  on  January  first,  nineteen  hun- 
dred and  fifty-five,  or  subsequent  owners  who  have  assumed 
a  part  of  the  tax,  as  in  their  opinion  provides  an  equitable 
adjustment.    Notwithstanding  any  other  provisions  of  law, 


Acts,  1955. —  Chap.  700.  653 

application  for  abatement  under  this  act  shall  be  filed  before 
October  first,  nineteen  hundred  and  fifty-six. 

Section  7.  In  the  event  the  board  of  assessors  grants 
abatements  under  the  authority  of  section  six  of  this  act  in 
respect  to  applications  for  abatement  filed  under  the  pro- 
visions of  section  fifty-nine  of  chapter  fifty-nine  of  the  Gen- 
eral Laws,  or  is  authorized  to  make  abatements  of  the  taxes 
levied  in  accordance  with  the  provisions  of  section  eight  of 
chapter  fifty-eight  of  the  General  Laws,  the  commonwealth 
shall,  with  the  approval  of  the  state  tax  commission,  reim- 
burse the  municipaUties  for  the  abatements  provided  in  this 
act  from  funds  appropriated  therefor. 

Approved  August  23,  1956. 

An  Act  authorizing  the  commonwealth  to  enter  into  Chap. 700 

AN  AGREEMENT  WITH  THE  SECRETARY  OF  HEALTH,  EDU- 
CATION AND  WELFARE  TO  CARRY  OUT  THE  PROVISIONS  OF 
THE  FEDERAL  SOCIAL  SECURITY  ACT  RELATING  TO  THE 
MAKING  OF  DETERMINATIONS  OF  DISABILITY  UNDER  TITLE  II 
OF   SAID   ACT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Section  22 A  of  chapter  74  of  the  General  ^^^•ij^'"- 
Laws,  as  most  recently  amended  by  section  12  of  chapter  §  22A,  etc., 
652  of  the  acts  of  1947,  is  hereby  further  amended  by  add-  amended, 
ing  at  the  end  the  following  two  sentences:  —  The  state  Common- 
board  for  vocational  education,  through  the  division  of  vo-  ^TeHnTo*^ 
cational  rehabilitation,  is  hereby  authorized  to  enter  into  contract  with 
an  agreement  on  behalf  of  the  commonwealth  with  the  sec-  Sth^lduca- 
retary  of  health,  education  and  welfare  to  carry  out  the  pro-  ^effal^e^eto 
visions  of  the  federal  Social  Security  Act  relatmg  to  the 
making  of  determinations  of  disabihty  under  title  II  of  said 
act.    The  state  board  for  vocational  education  is  authorized 
to  appoint  such  agents  or  assistants  as  may  be  necessary  to 
administer  the  provisions  of  said  agreement. 

Section  2.    Section  20  of  said  chapter  74,  as  amended  by  g.  l.  (Ter. 
section  9  of  said  chapter  652  of  the  acts  of  1947,  is  hereby  ^to!!'amend^'. 
further  amended  by  adding  at  the  end  the  following  sen- 
tence :  —  The  state  treasurer  is  hereby  authorized  and  di-  state  t^eMiwer 
rected  to  act  as  custodian  of  the  moneys  allotted  by  the  of  federal 
federal  government  to  the  commonwealth  to  carry  out  the  ^'^^^'  ^^' 
agreement  referred  to  in  section  twenty-two  A  and  shall  dis- 
burse such  moneys  without  specific  appropriation,  under  the 
order  or  approval  of  the  state  board  for  vocational  education. 

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

Approved  August  23,  1955. 


654 


Acts,  1955. —  Chap.  701. 


G.  L.  (Ter. 
Ed.),  30, 
§  39F,  etc., 
amended. 

Provisions  of 
certain  public 
building  con- 
tracts, regu- 
lated. 


Payments  for 
same,  regu- 
lated. 


Chap. 7 01  An  Act  providing  a  method  of  payment  to  certain 

SUBCONTRACTORS  ON  CONTRACTS  FOR  THE  CONSTRUCTION, 
RECONSTRUCTION,  ALTERING,  REMODELING  AND  REPAIR  OF 
CERTAIN  PUBLIC  WORKS  BY  THE  COMMONWEALTH  OR  ANY 
POLITICAL    SUBDIVISION   THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  30  of  the  General  Laws  is  hereby  amended  by 
striking  out  section  39F,  inserted  by  chapter  609  of  the  acts 
of  1954,  and  inserting  in  place  thereof  the  following  section: 
—  Section  39F.  Every  contract  for  the  construction,  recon- 
struction, alteration,  remodeling  or  repair  of  any  public 
building  or  public  works  by  the  commonwealth,  or  by  any 
county,  city,  town,  district,  board,  commission  or  other 
pubhc  body,  and  estimated  to  cost  more  than  five  thousand 
dollars  in  the  case  of  the  commonwealth,  and  more  than  one 
thousand  dollars  in  the  case  of  any  county,  city,  town,  dis- 
trict, board,  commission  or  other  public  body,  shall  contain 
the  following  in  its  entirety :  Within  ten  days  after  the  gen- 
eral contractor  receives  payment  on  account  of  a  periodic 
estimate  of  the  value  of  the  work  done,  he  shall  pay  to  each 
subcontractor  the  sum  contained  therein  for  the  value  of 
said  subcontractor's  work,  less  any  amount  retained  there- 
from by  the  awarding  authority  under  the  terms  of  the 
contract  or  in  consequence  of  any  legal  proceedings  or  statu- 
tory hens,  and  less  any  amounts  due  the  general  contractor 
under  said  subcontracts;  not  less  than  sixty-five  nor  more 
than  seventy-five  calendar  days  after  a  subcontractor  fully 
completes  his  portion  of  the  work,  and  payment  therefor 
has  been  made  to  the  general  contractor,  payment  shall  be 
due  the  subcontractor  and  the  general  contractor  shall  pay 
to  the  subcontractor  the  entire  balance  due  said  subcontrac- 
tor less  the  amount  which  the  awarding  authority  deter- 
mines shall  be  retained  pending  its  determination  that  said 
portion  of  the  work  is  satisfactory  or  in  consequence  of  any 
legal  proceedings  or  statutory  liens,  and  less  any  amounts 
due  the  general  contractor  under  said  subcontracts;  and, 
in  the  event  the  general  contractor  does  not  pay  the  sub- 
contractor within  seventy-five  calendar  days  the  entire  bal- 
ance due  the  subcontractor  on  the  completed  work,  less  the 
aforesaid  amounts,  the  subcontractor  shall  give  the  award- 
ing authority  written  notice  of  such  event  and  of  the  amount 
80  payable,  but  not  paid,  by  the  general  contractor  and 
thereupon  the  awarding  authority  shall  make  out  of  sums 
payable  to  the  general  contractor  on  the  contract  direct 
payment  of  the  entire  balance  due  the  subcontractor  for  the 
work,  less  the  aforesaid  amounts. 

Approved  August  23,  1955. 


Acts,  1955. —  Chap.  702.  655 


An  Act  to  provide  security  for  payments  to  laborers,  Chap. 702 

SUBCONTRACTORS,     SUPPLIERS    AND     OTHERS     ENGAGED     IN 
PUBLIC  CONSTRUCTION. 

Be  it  enacted f  etc.,  as  follows: 

Section  1.     Section  39  of  chapter  30  of  the  General  EdV  30I39 
Laws,  as  most  recently  amended  by  section  1  of  chapter  etc.,  amended'. 
472  of  the  acts  of  1935,  is  hereby  further  amended  by  strik- 
ing out,  in  line  5,  the  words  "or  otherwise",  and  by  striking 
out,  in  line  17,  the  word  "sixty"  and  inserting  in  place 
thereof  the  word :  —  ninety. 

Section  1A,    The  fourth  sentence  of  section  39G  of  said  g^L.  cvct. 
chapter  30,  as  appearing  in  chapter  597  of  the  acts  of  1955,  §  396,  etc., 
is  hereby  amended  by  inserting  after  the  word  "thirty-  '''"^''^^'*- 
nine  A"  the  words:  —  of  this  chapter  or  section  twenty-nine 
of  chapter  one  hundred  and  forty-nine. 

Section  2.  Chapter  149  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  29,  as  most  recently  amended  etc.',^  amendld^' 
by  chapter  361  of  the  acts  of  1938,  and  inserting  in  place 
thereof  the  following  section :  —  Section  29.  Officers  or  security  for 
agents  contracting  in  behalf  of  any  county,  city,  town,  dis-  Fa*bo'?onVub- 
trict  or  other  political  subdivision  of  the  commonwealth  or  ''*=  ^^ot^^- 
other  public  instrumentality  for  the  construction  or  repair 
of  public  buildings  or  other  public  works  shall  obtain  suffi- 
cient security,  by  bond,  for  payment  by  the  contractor  and 
subcontractors  for  labor  performed  or  furnished  and  mate- 
rials used  or  employed  in  such  construction  or  repair,  in- 
cluding lumber  so  employed  which  is  not  incorporated  in 
the  construction  or  repair  work  and  is  not  wholly  or  neces- 
sarily consumed  or  made  so  worthless  as  to  lose  its  identity 
but  only  to  the  extent  of  its  purchase  price  less  its  fair 
salvage  value,  and  for  payment  by  such  contractor  and 
subcontractors  of  any  sums  due  for  the  rental  or  hire  of 
vehicles,  steam  shovels,  rollers  propelled  by  steam  or  other 
power,  concrete  mixers,  tools  and  other  appliances  and 
equipment  employed  in  such  construction  or  repair;  but  in 
order  to  obtain  the  benefit  of  such  security  the  claimant 
shall  file  with  the  county  treasurer  in  the  case  of  a  contract 
with  a  county,  with  the  city  or  town  clerk  in  the  case  of  a 
contract  with  a  city  or  town,  and  with  the  contracting 
officer  or  agent  in  the  case  of  a  contract  with  a  district  or 
other  political  subdivision  or  other  public  instrumentality  a 
sworn  statement  of  his  claim  within  ninety  days  after  the 
claimant  ceases  to  perform  labor  or  furnish  labor,  materials, 
appliances  and  equipment  as  aforesaid,  and  shall,  within 
one  year  after  the  filing  of  such  claim,  file  a  petition  in  the 
superior  court  for  the  proper  county  to  enforce  his  claim  or 
intervene  in  a  petition  already  filed;  provided,  that  not- 
withstanding the  foregoing,  in  case  a  petition  has  been  duly 
filed  hereunder,  any  other  person  who  has  duly  filed  a  claim 
solely  for  labor  performed  or  furnished  on  or  in  connection 
with  a  certain  public  work  may  obtain  his  rights  in  the 


656  Acts,  1955. —  Chap.  703. 

following  manner :  —  The  court,  before  making  final  dis- 
position of  such  petition,  shall  examine  all  claims  which  may 
arise  under  this  section  and  which  have  been  duly  filed  in 
accordance  heremth,  and  determine  the  respective  amounts 
due  such  claimants  and  their  rights  to  participate  in  the 
security  and  apply  the  security  to  the  claimants  held  en- 
titled thereto;  and  the  court  shall  have  power  to  compel 
the  attendance  of  any  official  with  whom  such  claims  may 
be  on  file,  with  such  claims.  The  court  may  require  such 
officials  to  furnish  for  the  use  of  the  court  copies  of  any 
such  claims  as  may  be  on  file.  Any  claimant  whose  claim 
has  been  duly  filed  shall  have  the  right  to  appear  at  hearings 
on  any  petition  without  formally  intervening  by  any  plead- 
ings, and  may  object,  except  or  appeal  from  any  ruling  or 
decision  adversely  affecting  his  claim  to  the  same  extent 
and  in  the  same  manner  as  though  he  had  intervened  by 
formal  pleadings. 

Any  person  employing  persons  on  any  public  works 
hereinbefore  referred  to  shall  post  conspicuously,  at  such 
place  or  places  as  will  provide  reasonable  opportunity  for 
all  employees  to  read  the  same,  a  correct  copy  of  this  sec- 
tion.   The  department  shall  enforce  this  paragraph. 

Section  3.  Section  tliirty-nine  of  chapter  thirty  of  the 
General  Laws  and  section  twenty-nine  of  chapter  one  hun- 
dred and  forty-nine  of  the  General  Laws,  as  amended  by 
sections  one  and  two  of  this  act,  shall  apply  only  to  con- 
tracts executed  on  and  after  the  effective  date  of  this  act. 
Contracts  executed  prior  to  the  effective  date  of  this  act 
shall  be  subject  to  the  provisions  of  section  thirty-nine  of 
chapter  thirty  of  the  General  Laws  and  section  twenty-nine 
of  chapter  one  hundred  and  forty-nine  of  the  General  Laws, 
as  in  effect  immediately  prior  to  said  effective  date. 

Approved  August  23,  1966. 

Chap. 7 OS  An  Act  authorizing  the  chairman  of  the  industrial 

ACCIDENT  BOARD  TO  DESIGNATE  AN  ACTING  SUPERVISOR  OF 
workmen's  COMPENSATION  AGENTS. 

Be  it  enacted,  etc.,  as  follows: 

Ed^'2?^§"i6        Section  16  of  chapter  23  of  the  General  Laws,  inserted  by 
etc!, 'amended',    scction   1   of  chapter  314  of  the  acts  of  1953,  is  hereby 
amended  by  adding  at  the  end  the  following  sentence:  — 
Acting  During  the  temporary  absence  or  disability  of  the  supervisor 

of  workmen  s  compensation  agents,  the  chairman  or  acting 
chairman  may  designate  an  employee  or  official  of  the  divi- 
sion as  acting  supervisor  of  workmen's  compensation  agents. 

Approved  August  2S,  1956, 


supervisor. 


Acts,  1955.  — Chaps.  704,  705. 


657 


An  Act  authorizing  the  city  of  malden  to  reinstate  (Jhnrt  704 

DENNIS  C.  HOLLAND,  A  FORMER  EMPLOYEE  OF  THE  POLICE      ^' 
department  of  said  CITY,  FOR  PURPOSES  OF  RETIREMENT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provision  of  general  or 
special  law  to  the  contrary,  and  notwithstanding  any  action 
taken  by  the  retiring  authority  of  the  city  of  Maiden  with 
reference  to  the  retirement  of  Dennis  C.  Holland,  a  former 
heutenant  in  the  jMalden  police  department,  who  was  retired 
for  superannuation  on  January  twentieth,  nineteen  hundred 
and  fifty-five,  the  said  Dennis  C.  Holland  is  hereby  reinstated 
as  a  lieutenant  in  the  police  department  of  the  said  city  for 
the  sole  purpose  of  retirement,  and  the  pohce  commissioner 
of  the  said  city  may  reinstate  said  Dennis  C.  Holland  for 
said  purpose  only. 

Upon  his  reinstatement  as  a  lieutenant  the  said  Dennis  C. 
Holland  shall  thereupon  be  retired  by  the  retiring  authority 
of  said  city,  and  the  retirement  allowance  to  be  paid  to  said 
Dennis  C.  Holland  shall  be  computed  as  of  the  effective  date 
of  said  retirement. 

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

Approved  August  23,  1955. 


An  Act  relating  to  the  taxation  of  forest  products  Qhav  705 

AND    wild   land. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  first  paragraph  of  section  1  of  chapter  61  g.  l.  (Ter. 
of  the  General  Laws,  as  amended  by  section  1  of  chapter  461  ^tci.^'a^eided. 
of  the  acts  of  1943,  is  hereby  amended  by  striking  out,  in 
line  4,  the  word  *'  twenty-five  "  and  inserting  in  place  thereof 
the  word :  —  fifty. 

Section  2.    Section  2  of  said  chapter  61  is  hereby  amended  g- l.  (Ter. 
by  striking  out  the  first  schedule,  as  appearing  in  section  2  etc!. 'amended, 
of  said  chapter  461,  and  inserting  in  place  thereof  the  follow- 
ing schedule:  — 


Schedule.     Forest  Products  Cut  from  Land  Classified. 


In  the  year  of  classification 

In  the  first  year  following  such  year 

In  the  second  year  following  such  year 

In  the  third  j'ear  following  such  year 

In  the  fourth  year  following  such  year 

In  the  fifth  year  following  such  year  and  thereafter 


Schedule. 


Per  Cent. 
1 
2 
3 


Section  3.    Said  chapter  61  is  hereby  further  amended  by  g.  l.  (Ter. 
adding  at  the  end  the  following  section:  —  Section  7.    One  l^y'^added^ 
engaged  exclusively  in  the  business  of  farming  in  any  of  its  ^hose  en- 
aspects  shall  have  the  right  to  take  advantage  of  the  provi-  eaged  ex- 
sions  of  this  chapter  as  respects  wild  land,  and  any  land  so  '''"^'^^'^ '° 


658  Acts,  1955. —  Chap.  706. 

farming  may     Focky,  80  filled  with  boulders,  so  hilly  and  with  soil  so  lack- 
ofpro^^sfoni^^^  ing  in  fertility  or  in  the  ability  to  grow  farm  crops  of  any 
of  chapter.        kind,  to  the  extent  of  having  said  land  valued  at  five  dollars 
or  less  per  acre.  Approved  August  23,  1955. 

Chap. 70Q  An  Act  making  appropriations  for  the  fiscal  year 

NINETEEN  HUNDRED  AND  FIFTY-SIX,  FOR  THE  MAINTE- 
NANCE OF  DEPARTMENTS,  BOARDS,  COMMISSIONS,  INSTITU- 
TIONS AND  CERTAIN  ACTIVITIES  OF  THE  COMMONWEALTH, 
FOR  INTEREST,  SINKING  FUND  AND  SERIAL  BOND  REQUIRE- 
MENTS,   AND    FOR   CERTAIN    PERMANENT   IMPROVEMENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  maintenance  of  the  several 
departments,  boards,  commissions  and  institutions,  of  sun- 
dry other  services,  and  for  certain  permanent  improvements, 
and  to  meet  certain  requirements  of  law,  the  sums  set  forth 
in  section  two,  for  the  several  purposes  and  subject  to  the 
conditions  specified  in  said  section  two,  are  hereby  appro- 
priated from  the  funds  designated  in  said  section,  subject 
to  the  provisions  of  law  regulating  the  disbursement  of 
pubhc  funds  and  the  approval  thereof,  for  the  fiscal  year 
ending  June  thirtieth,  nineteen  hundred  and  fifty-six,  in  this 
act  referred  to  as  the  year  nineteen  hundred  and  fifty-six,  or 
for  such  period  as  may  be  specified. 

Section  2. 

STATE  PURPOSES  APPROPRIATIONS. 

APPROPRIATIONS  MADE  FROM  THE  GENERAL  FUND, 
Service  of  the  Legislature. 

Senate. 

Item 

0101-01  For  the  compensation  of  senators,  prior  ap- 
propriation continued      ....        $191,250  00 

0101-02    For  the  salary  of  the  clerk  of  the  senate        .  10,480  00 

0101-03    For  the  salary  of  the  assistant  clerk  of  the 

senate 8,380  00 

0101-04  For  clerical  assistance  to  the  clerk  of  the 
senate,  including  not  more  than  two  per- 
manent positions    .....  10,980  00 

0101-05    For  the  salary  of  the  chaplain  of  the  senate  1,980  00 

0101-06  For  personal  services  of  the  counsel  to  the 
senate  and  assistants,  including  not  more 
than  four  permanent  positions;  provided, 
that  notwithstanding  any  provisions  of 
law  to  the  contrary,  the  present  counsel  to 
the  senate  may  continue  to  serve  in  said 
office  subject  to  the  will  of  the  senate  33,720  00 

0101-07  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 


Acts,  1955.  — Chap.  706. 


659 


Item 

to  serve  in  said  office  subject  to  the  will  of 
the  senate      ..... 

0101-30  For  expenses  of  senators,  including  travel, 
prior  appropriation  continued  . 

0101-51  For  stationery  for  the  senate,  purchased  by 
and  with  the  approval  of  the  clerk    . 

0101-52  For  expenses  of  the  committee  on  rules  on  the 
part  of  the  senate  ..... 

0101-53     For  expenses  of  the  counsel  to  the  senate 

0101-54     For  expenses  of  the  senate  clerk's  office 

0101-56  For  the  expenses  of  the  senate  committee  on 
ways  and  means,  including  not  more  than 
one  permanent  position   .... 

0101-60  For  traveling  and  such  other  expenses  of  the 
committees  of  the  senate  as  may  be  au- 
thorized by  order  of  the  senate 

Total 


$39,860  00 

32,500  00 

600  00 

1,500  00 

1,000  00 

200  00 

11,000  00 

2,000  00 

$345,460  00 

House  of  Representatives. 

0102-01  For  the  compensation  of  representatives, 
prior  appropriation  continued  . 

0102-02  For  the  salary  of  the  clerk  of  the  house  of 
representatives        ..... 

0102-03  For  the  salary  of  the  assistant  clerk  of  the 
house  of  representatives  .... 

0102-04  For  clerical  assistance  to  the  clerk  of  the 
house  of  representatives,  including  not 
more  than  four  permanent  positions 

0102-05  For  the  salary  of  the  chaplain  of  the  house 
of  representatives   ..... 

0102-06  For  personal  services  of  the  counsel  to  the 
house  of  representatives  and  assistants, 
including  not  more  than  seven  permanent 
positions         ...... 

0102-07  For  clerical  and  other  assistance  to  the  house 
committee  on  rules,  including  not  more 
than  seven  permanent  positions 

0102-08  For  clerical  and  other  assistance  to  the  house 
committee  on  ways  and  means,  including 
not  more  than  four  permanent  positions, 
prior  appropriation  continued  . 

0102-30  For  expenses  of  representatives,  including 
travel,  prior  appropriation  continued 

0102-51  For  stationery  for  the  house  of  representa- 
tives, purchased  by  and  with  the  approval 
of  the  clerk    ...... 

0102-52  For  expenses  of  the  committee  on  rules  on  the 
part  of  the  house  of  representatives 

0102-53  For  expenses  of  the  counsel  to  the  house  of 
representatives        ..... 

0102-54  For  expenses  of  the  clerk's  office,  house  of 
representatives        ..... 

0102-56  For  expenses  of  the  house  committee  on  ways 
and  means,  prior  appropriation  continued 

0102-60  For  traveling  and  such  other  expenses  of  the 
committees  of  the  house  of  representatives 
as  may  be  authorized  by  order  of  the  house 
of  representatives   ..... 

Total 


$1,093,500  00 

10,480  00 

8,380  00 

20,340  00 

1,980  00 

59,960  00 

56,080  00 

30,680  00 

206,500  00 

1,300  00 

5,000  00 

1,600  00 

500  00 

7,500  00 

2,000  00 


$1,605,700  00 


660 


Acts,  1955.  — Chap.  706. 


Sergeant-at-A  mis . 
Item 

0103-01  .  For  the  salary  of  the  sergeant-at-arms  .  $7,680  00 

0103-02  For  clerical  and  other  assistance  employed  by 
the  sergeant-at-arms,  including  not  more 
than  six  permanent  positions    .  .  .  28,740  00 

0103-03  For  the  salaries  of  the  doorkeepers  of  the  sen- 
ate and  house  of  representatives,  with  the 
approval  of  the  sergeant-at-arms,  including 
not  more  than  two  permanent  positions     .  13,160  00 

0103-04  For  the  salaries  of  assistant  doorkeepers  of 
the  senate  and  house  of  representatives  and 
of  general  court  officers,  with  the  approval 
of  the  sergeant-at-arms,  including  not  more 
than  thirty-two  permanent  positions  .  155,240  00 

0103-05  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 34,880  00 

0103-06  For  the  salaries  of  clerks  employed  in  the 
legislative  document  room,  including  not 
more  than  three  permanent  positions         .  16,620  00 

0103-51  For  contingent  expenses  of  the  senate  and 
house  of  representatives  and  necessary  ex- 
penses in  and  about  the  state  house,  with 
the  approval  of  the  sergeant-at-arms,  prior 
appropriation  continued  ....  20,800  00 

0103-52  For  the  payment  of  witness  fees  to  persons 
summoned  to  appear  before  committees  of 
the  general  court,  and  for  expenses  inci- 
dental to  summoning  them,  with  the  ap- 
proval of  the  sergeant-at-arms  .  .  200  00 

Total $277,320  00 


Legislative  Research  Council. 

0104-01  For  expenses  of  the  legislative  research  coun- 
cil . $500  00 

0104-02  For  personal  services  and  other  expenses  of 
the  legislative  research  bureau,  as  author- 
ized by  chapter  six  hundred  and  seven  of 
the  acts  of  nineteen  hundred  and  fifty- 
four;  provided,  that  the  unexpended  bal- 
ance remaining  in  item  0104-01  of  section 
two  of  chapter  six  hundred  and  eighty- 
seven  of  the  acts  of  nineteen  hundred  and 
fifty-four  is  hereby  transferred  and  made 
available  for  the  purposes  of  this  item        .  40,500  00 

Total $41,000  00 


0110-02 


0110-04 


Other  Expenses. 

For  printing,  binding  and  paper  ordered  by 
the  senate  and  house  of  representatives,  or 
by  concurrent  order  of  the  two  branches, 
with  the  approval  of  the  clerks  of  the  re- 
spective branches,  prior  appropriation 
continued       ...... 

For  expenses  in  connection  with  the  publica- 
tion of  the  bulletin  of  committee  hearings 
and  of  the  daily  list,  with  the  approval  of 


$180,000  00 


Acts,  1955. —  Chap.  706. 


661 


Item 


0110-05 
0110-12 


0110-30 


the  joint  committee  on  rules,  including  not 

more  than  two  permanent  positions  .  $38,760  00 

For  telephone  service  ....  22,000  00 

For  the  emergency  services  of  a  physician, 

for  medical  supplies  in  the  state  house  and 

for   expenses    including    the   purchase    of 

equipment  in  connection  therewith,  sub- 
ject to  the  approval  of  the  joint  committee 

on  rules;  provided,  that  section  twenty- 
one  of  chapter  thirty  of  the  General  Laws 

shall  not  apply   to   the  payments   made 

under  this  item 4,200  00 

For  traveling  and   such   other  expenses   of 

joint  committees  of  the  general  court  as 

may  be  authorized  by  joint  order  of  the 

general  court 6,000  00 

Total $250,960  00 

Total,  Legislative         ....     $2,420,430  00 


Service  of  the  Judiciary. 

Supreme  Judicial  Court. 

0301-01     For  the  salaries  of  the  chief  justice  and  of  the 

six  associate  justices         ....        $130,500  00 
0301-02     For  traveling  allowances  and  expenses           .  2,700  00 
0301-03     For  the  salary  of  the  clerk  for  the  common- 
wealth   10,420  00 

0301-04     For  clerical  assistance  to  the  clerk         .  3,490  00 

0301-05     For  law  clerks  and  clerical  assistance  for  the 

justices 50,830  00 

0301-06     For  office  suppHes,  services  and  equipment  .  6,000  00 

0301-07     For  the  salaries  of  the  officers  and  messengers  6,190  00 

0301-08     For  the  commonwealth's  part  of  the  salary 

of  the  clerk  for  the  county  of  Suffolk         .  1,500  00 

0301-10     For  facilities  provided  by  the  Social  Law 

Library 3,500  00 

0302-01     For  the  salary  of  the  reporter  of  decisions     .  10,000  00 

0302-02  For  the  service  of  the  reporter  of  decisions, 
including  not  more  than  four  permanent 
positions 18,475  00 

Total $243,605  00 


Superior  Court. 

0305-01     For  the  salaries  of  the  chief  justice  and  of 

the  thirty-one  justices      ....        $511,50000 

0305-02     For  traveling  allowances  and  expenses  .  30,000  00 

0305-03     For  the  salary  of  the  assistant  clerk  and  the 

probation  officer  of  Suffolk  county    .  .  2,500  00 

0305-04  For  expenses  authorized  by  section  twenty- 
eight  of  chapter  two  hundred  and  twelve 
of  the  General  Laws         .  .  .  .  20,200  00 

0305-1 1  For  compensation  of  justices  of  district  courts 
while  sitting  in  the  superior  court,  prior 
appropriation  continued  ....  11,000  00 

0305-12  For  expenses  of  justices  of  district  courts 
while  sitting  in  the  superior  court,  prior 
appropriation  continued.  .         .         .  1,800  00 


Total 


$577,000  00 


662 


Acts,  1955.  — Chap.  706. 


Item 


Judicial  Council. 


0308-01     For  the  service  of  the  judicial  council 


$7,000  00 


Administrative  Committee  of  District  Courts. 

0310-01     For  the  service  of  the  administrative  com- 
mittee of  district  courts  .... 


$12,000  00 


Administrative  Committee  of  Probate  and  Insolvency  Courts. 

0320-01     For  the  compensation  of  judges  of  probate 

when  acting  for  other  judges  of  probate  $5,000  00 

0320-02  For  expenses  of  judges  of  probate  when  act- 
ing for  other  judges  of  probate  .  .  1,500  00 

0320-03  For  reimbursing  officials  for  premiums  paid 
for  procuring  sureties  on  their  bonds,  as 
provided  by  law      .....  500  00 

0320-04    For  expenses  of  the  administrative  committee 

of  probate  courts    .....  500  00 

Total $7,500  00 


Probate  and  Insolvency  Courts. 

For  the  salaries  of  j  udges  of  probate,  regis- 
ters of  probate,  assistant  registers  and 
clerical  assistance  to  registers  of  the 
several  counties: 

Barnstable: 

0321-01         Judge  of  probate $9,500  00 

0321-02         Register 6,000  00 

0321-03        Assistant  register 4,000  00 

0321-04         Clerical  assistance  to  register,  including  not 

more  than  three  permanent  positions     .  8,990  00 

Berkshire: 

0322-01        Judge  of  probate 9,500  00 

0322-02        Register 6,500  00 

0322-03         Assistant  register 4,500  00 

0322-04         Clerical  assistance  to  register,  including  not 

more  than  five  permanent  positions        .  15,380  00 

Bristol: 

0323-01        Two  judges  of  probate     ....  23,000  00 

0323-02        Register 8,000  00 

0323-03        Two  assistant  registers    ....  10,500  00 
0323-04         Clerical  assistance  to  register,  including  not 

more  than  thirteen  permanent  positions  41,490  00 

Dukes: 

0324-01         Judge  of  probate 4,000  00 

0324-02        Register 4,000  00 

0324-04         Clerical  assistance  to  register,  including  not 

more  than  one  permanent  position  .  3,000  00 

Essex: 

0325-01        Two  judges  of  probate    ....  23,000  00 

0325-02        Register 8,500  00 

0325-03        Three  assistant  registers           .                   .  16,500  00 
0325-04        Clerical  assistance  to  register,  including  not 

more  than  sixteen  permanent  positions  .  50,040  00 


Acts,  1955.  —  Chap.  706. 


663 


Item 

0326-01 
0326-02 
0326-03 
0326-04 


Franklin: 

Judge  of  probate     ..... 

Register  ...... 

Assistant  register    ..... 

Clerical  assistance  to  register,  including  not 
more  than  two  permanent  positions 


Hampden : 
0327-01        Two  judges  of  probate     .... 

0327-02        Register  ...... 

0327-03         Three  assistant  registers 
0327-04         Clerical  assistance  to  register,  including  not 
more  than  thirteen  permanent  positions 

Hampshire: 

0328-01         Judge  of  probate 

0328-02        Register 

0328-03         Assistant  register    ..... 
0328-04         Clerical  assistance  to  register,  including  not 
more  than  two  permanent  positions 


$9,500  00 
6,000  00 
4,000  00 

6,420  00 


23,000  00 

8,000  00 

15,000  00 

42,150  00 


9,500  00 
6,000  00 
4,000  00 

6,780  00 


Middlesex: 

0329-01        Three  judges  of  probate  ....  40,500  00 

0329-02        Register 10,000  00 

0329-03         Five  assistant  registers    ....  29,000  00 
0329-04        Clerical  assistance  to  register,  including  not 

more  than  forty  permanent  positions      .  131,340  00 

0330-01         Judge  of  probate 4,000  00 

0330-02        Register          .          .          .          .          .          .  4,000  00 

0330-04         Clerical  assistance  to  register,  including  not 

more  than  one  permanent  position          .  2,760  00 

Norfolk : 

0331-01         Two  judges  of  probate     ....  27,000  00 

0331-02        Register 8,500  00 

0331-03        Three  assistant  registers            .          .          .  16,500  00 
0331-04         Clerical  assistance  to  register,  including  not 

more  than  fifteen  permanent  positions   .  47,820  00 


Plymouth: 

0332-01         Judge  of  probate 

0332-02        Register 

0332-03         Assistant  register    ..... 

0332-04         Clerical  assistance  to  register,  including  not 

more  than  seven  permanent  positions     . 

Suffolk: 
0333-01         Three  judges  of  probate  .... 

0333-02         Register 

0333-03         Five  assistant  registers    .... 
0333-04         Clerical  assistance  to  register,  including  not 
more  than  forty-eight  permanent  posi- 
tions ...... 

Worcester: 
0334-01         Two  judges  of  probate     .... 

0334-02        Register 

0334-03        Three  assistant  registers 
0334-04         Clerical  assistance  to  register,  including  not 
more  than  fifteen  permanent  positions   . 

Total 


9,500  00 
6,500  00 
4,500  00 

22,040  00 


43,500  00 
10,000  00 
29,000  00 


151,655  00 


23,000  00 

8,500  00 

16,500  00 

47,640  00 

$1,090,505  00 


664 


Acts,  1955. —  Chap.  706. 


Item 
0340-01 

0340-02 


0345-01 

0350-01 
0351-01 

0352-01 
0354-01 
0355-01 
0356-01 

0357-01 

0358-01 
0359-01 

0365-01 


0370-01 


0380-01 


Land  Court. 

For  the  salaries  of  the  judge,  associate  judges 
and  the  recorder,  including  not  more  than 
four  permanent  positions  .  .  .  $56,500  00 

For  the  service  of  the  land  court,  including 
not  more  than  thirty-six  permanent  posi- 
tions      211,635  00 

Total $268,135  00 

Pensions  for  Certain  Retired  Justices. 

For  pensions  of  retired  judges,  as  authorized 
by  law $82,000  00 

District  Attorneys. 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  Suffolk  district,  including 
not  more  than  fifteen  permanent  positions       $103,200  00 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  northern  district,  includ- 
ing not  more  than  seven  permanent  posi- 
tions       46,400  00 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  eastern  district,  including 
not  more  than  five  permanent  positions     .  24,880  00 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  southern  district,  includ- 
ing not  more  than  four  permanent  positions  23,540  00 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  middle  district,  including 
not  more  than  five  permanent  positions     .  23,880  00 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  western  district,  includ- 
ing not  more  than  three  permanent  posi- 
tions       15,580  00 

For  the  salaries  of  the  district  attorney  and 
assistant  for  the  northwestern  district,  in- 
cluding not  more  than  two  permanent  posi- 
tions       9,180  00 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  Norfolk  district,  including 
not  more  than  four  permanent  positions  18,000  00 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  Plymouth  district,  in- 
cluding not  more  than  three  permanent 
positions         .  .  .  .  .  .  14.500  00 

For  traveling  expenses  necessarily  incurred 
by  the  district  attorneys,  except  in  the 
Suffolk  district,  including  expenses  in- 
curred in  previous  years  .  .  .  10,000  00 

Total $289,160  00 

Board  of  Probation. 

For  the  service  of  the  board,  including  not 
more  than  forty-eight  permanent  positions        $170,618  00 

Board  of  Bar  Examiners. 

For  the  service  of  the  board,  including  not 

more  than  six  permanent  positions    .  .  $37,225  00 

Total,  Judiciary  ....    $2,784,748  00 


Acts,  1955. —  Chap.  706. 


665 


Item 

0401-01 
0401-02 

0401-03 


0401-04 


Service  of  the  Executive  Department. 

Governor. 

For  the  salary  of  the  governor     .  .  .  $20,000  00 

For  the  salaries  of  officers  and  employees  in 

the  governor's  office         ....  125,000  00 

For  postage,  printing,  office  and  other  con- 
tingent expenses,  including  travel,  of  the 
governor 35,000  00 

For  maintenance  expenses  of  the  governor's 
automobile 1,300  00 

Total $181,300  00 


Lieutenant-Governor. 

0402-01     For  the  salary  of  the  lieutenant-governor      .  $8,000  00 

0402-02  For  personal  services  for  the  lieutenant- 
governor's  office      .....  18,060  00 

Total $26,060  00 

Governor's  Council. 

0403-01     For  the  salaries  of  the  eight  councilors           .         $24,000  00 
0403-02     For  personal  services  for  the  council     .          .  27,050  00 

0403-03  For  postage,  printing,  stationery,  traveling 
and  contingent  expenses  of  the  governor 
and  council    .          .          .          .          .  14,000  00 

0403-05  For  travel  and  expenses  of  the  lieutenant- 
governor  and  council  from  and  to  their 
homes 4,000  00 

Total $69,050  00 


Extraordinary  Expenses. 

0405-01  For  the  cost,  not  to  exceed  fifteen  thousand 
dollars,  of  entertainment  of  distinguished 
visitors  to  the  commonwealth,  provided 
that  no  expenditure  shall  be  allowed  for  a 
party  exceeding  fifty  visitors;  for  the  pay- 
ment of  extraordinary  expenses  not  other- 
wise provided  for;  and  for  transfers  to 
appropriation  accounts  where  the  amounts 
otherwise  available  are  insufficient,  pro- 
vided that  requests  for  such  transfers  shall 
be  referred  to  the  commission  on  adminis- 
tration and  finance  which,  after  investi- 
gation, shall  submit  for  the  approval  of  the 
governor  and  council  its  written  recom- 
mendation as  to  the  amount  of  funds  re- 
quired, with  facts  pertinent  thereto 


$100,000  00 


Civil  Defense  Agency. 

0406-01  For  the  service  of  the  civil  defense  agencj',  as 
authorized  by  chapter  six  hundred  and 
thirty-nine  of  the  acts  of  nineteen  hundred 
and  fifty  and  chapter  five  hundred  and 
twenty-two  of  the  acts  of  nineteen  hundred 
and  fifty-one  as  further  amended  by  chap- 
ter four  hundred  and  ninetj'-one  of  the  acts 
of  nineteen  hundred  and  fifty-three  . 


$276,000  00 


666 


Acts,  1955.  — Chap.  706. 


Item 
0406-10 


For  the  training  of  air  ground  observer  corps 
and  an  aircraft  warning  service,  and  for 
expenses  related  thereto,  to  be  expended 
under  the  direction  of  the  director  of  civil 
defense  ...... 

Total 

Total,  Executive  Department 


$16,070  00 
$291,070  00 
$667,480  00 


Service  of  the  Military  Division. 

Adjutant  General. 
0420-01     For  the  salary  of  the  adjutant  general            .  $11,916  00 

0420-02  For  the  office  of  the  adjutant  general,  includ- 
ing not  more  than  thirty-eight  permanent 
positions 166,244  00 

Militia: 

0421-01  For  allowances  to  companies  and  other  ad- 
ministrative units,  to  be  expended  under 
the  direction  of  the  adjutant  general  .  188,000  00 

0421-02  For  officers'  uniform  allowances,  as  author- 
ized by  paragraph  (c)  of  section  one  hun- 
dred and  twenty  of  chapter  thirty-three 
of  the  General  Laws         ....  77,000  00 

0421-05     For  certain  camps  of  instruction .  .  .  68,650  00 

0421-07  For  transportation  of  officers  and  non-com- 
missioned officers  to  and  from  military 
meetings  and  regimental  and  battalion 
drUls     .  .  .  3,000  00 

0421-13  For  compensation  for  special  and  miscel- 
laneous duty,  including  not  more  than  six 
permanent  positions,  and  for  expenses  of 
operation  of  the  twenty-sixth  division        .  34,937  00 

0421-14  For  compensation  for  accidents  and  injuries 
sustained  in  the  performance  of  military 
duty 3,500  00 

0421-15  To  cover  certain  small  claims  for  damages  to 
private  property  arising  from  military 
maneuvers      ......  1,000  00 

0421-17  For  the  military  reservation,  located  in  Barn- 
stable county,  including  compensation  of 
the  commissioner    .....  1,020  00 

0421-21  For  the  service  of  the  air  national  guard,  in- 
cluding not  more  than  one  permanent  posi- 
tion        8,929  00 

Total $564,196  00 


State  Quartermaster. 

0423-01     For  the  office  of  the  state  quartermaster  $3,785  00 

0423-02  For  the  operation  of  armories  of  the  first 
class,  including  not  more  than  eighty-seven 
permanent  positions         ....  606,570  00 

Militia: 

0424-01     For  reimbursement  for  rent  and  maintenance 

of  armories  not  of  the  first  class        .  .  27,800  00 

0424-02  For  the  Camp  Curtis  Guild  rifle  range,  in- 
cluding not  more  than  seven  permanent 
positions 31,320  00 


Acts,  1955. —  Chap.  706.  667 

Item 

0424-05  For  certain  storage  and  maintenance  facili- 
ties, including  not  more  than  thirty-one 
permanent  positions         ...        $107,560  00 

0424-08  For  certain  national  guard  aviation  facilities, 
including  not  more  than  five  permanent 
positions 41,350  00 

Total $818,385  00 

Armory  Commission. 

0428-01     For  compensation  of  one  member  and  for 

expenses  of  the  armory  commission  .  $200  00 

Notwithstanding  the  provisions  of  chapter 
thirty  of  the  General  Laws,  certain  mili- 
tary personnel  in  the  military  division  may 
be  paid  salaries  according  to  military  pay 
grades,  so  called. 


Total,  Military  Division        .  .  .     $1,382,781  00 


Boards  and  Commissions  serving  under  Governor  and  Council. 

Commission  on  Administralion  and  Finance. 

0440-31  For  personnel  appeal  boards,  as  authorized 
by  chapter  four  hundred  and  eighty-five 
of  the  acts  of  nineteen  hundred  and  forty- 
five        $100  00 

0440-32  For  awards  to  state  employees  to  be  granted 
as  provided  by  chapter  five  hundred  and 
four  of  the  acts  of  nineteen  hundred  and 
fifty-three,  prior  appropriation  continued  2,500  00 

0441-01  For  the  office  of  the  commissioner  of  admin- 
istration, including  not  more  than  fifteen 
permanent  positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  thirty-seven  thousand 
and  four  dollars  from  the  Highway  Fund  .  123,345  00 

0441-03     For  telephone  service  in  the  state  house,  prior 

appropriation  continued  ....  126,500  00 

0442-01  For  the  bureau  of  the  comptroller,  including 
not  more  than  one  hundred  and  seventeen 
permanent  positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  one  hundred  fifty-eight 
thousand  three  hundred  and  one  dollars 
from  the  Highway  Fund  .       _  ._        .  527,668  00 

0443-01  For  the  bureau  of  the  budget  commissioner, 
including  not  more  than  eleven  permanent 
positions;  provided,  that  the  comptroller 
shall  transfer  to  the  General  Fund  the 
sum  of  twenty-two  thousand  three  hundred 
and  sixty-eight  dollars  from  the  Highwav 
Fund /.  74.560  00 

0444-01  For  the  bureau  of  the  purchasing  agent,  in- 
cluding not  more  than  seventy-two  per- 
manent positions:  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  eighty-eight  thousand  six 
hundred  and  thirty-five  dollars  from  the 
Highway  Fund 293,450  00 


668  Acts,  1955. —  Chap.  706. 

Item 

0444-02  For  the  purchase  of  paper  used  in  the  execu- 
tion of  the  contracts  for  state  printing, 
other  than  legislative       ....         $70,000  00 

0445-01  For  the  division  of  personnel  and  standard- 
ization, including  not  more  than  forty- 
seven  permanent  positions;  provided,  that 
the  comptroller  shall  transfer  to  the  Gen- 
eral Fund  the  sum  of  seventy-four  thou- 
sand nine  hundred  and  seventy-five  dol- 
lars from  the  Highway  Fund    .  .  .  243,255  00 

0446-01  For  the  division  of  building  construction,  in- 
cluding not  more  than  thirty-seven  per- 
manent positions     .....  221,136  00 

0447-01  For  the  division  of  hospital  costs  and  finances, 
as  authorized  by  chapter  six  hundred  and 
thirty-six  of  the  acts  of  nineteen  hundred 
and  fifty-three,  including  not  more  than 
three  permanent  positions         .  .  .  15,975  00 

Total $1,698,489  00 

State  Superintendent  of  Buildings. 

0450-01  For  the  office  of  the  superintendent  of  build- 
ings and  for  the  maintenance  of  the  state 
house  and  the  Ford  building,  including  not 
more  than  one  hundred  and  sixty-nine  per- 
manent positions     .....        $781,605  00 

0450-02    This  item  included  in  item  0450-01. 

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  pro- 
vided by  section  four  of  said  chapter         .  $7,820  00 

Commissioners  on  Uniform  State  Laws. 
0457-01     For  the  expenses  of  the  commissioners  .  $1,825  00 

State  Library. 

0459-01  For  the  service  of  the  state  library,  including 
not  more  than  thirty-one  permanent  posi- 
tions      .'J140,210  00 

Art  Commission. 

0460-01  For  expenses  of  the  commission,  notwith- 
standing the  limitation  of  section  nineteen 
of  chapter  six  of  the  General  Laws    .  .  $500  00 

Ballot  Law  Commission. 

0461-01  For  compensation  and  expenses  of  the  com- 
missioners, including  not  more  than  three 
permanent  positions         ....  $3,085  00 

Massachusetts  Commission  on  Discrimination. 

0462-01  For  the  service  of  the  Massachusetts  com- 
mission on  discrimination,  including  not 
more  than  fourteen  permanent  positions  .         $72,642  00 


Acts,  1955. —  Chap.  706. 


669 


Item 
0464-01 


Outdoor  Advertising  Authority. 

For  the  service  of  the  outdoor  advertising 
authority,  including  not  more  than  ten 
permanent  positions         .... 


Council  for  the  Aging. 
0465-01     For  expenses  of  the  council  for  the  aging 


0466-01 


0467-01 


0470-01 


0471-01 


0473-01 


0474-01 


0490-01 


0490-02 


0492-01 


Mount  Greylock  Reservation  Commission. 

For  the  maintenance  of  the  Mount  Greylock 
war  memorial  ..... 

Old  State  House. 

For  the  contribution  of  the  commonwealth 
toward  the  maintenance  of  the  old  pro- 
vincial state  house  .... 

Weather  Amendment  Board. 

For  the  expenses  of  the  board,  as  authorized 
by  chapter  five  hundred  and  eleven  of  the 
acts  of  nineteen  hundred  and  fifty-one 

Contributory  Retirement  Appeal  Board. 

For  the  service  of  the  contributory  retire- 
ment appeal  board  .... 


S45,730  00 
$11,740  00 

$1,527  00 
$1,500  00 

$100  00 
$200  00 


Rent  Control  Agency. 

For  the  administration  of  a  program  of  rent 
control,  as  authorized  by  chapter  four  hun- 
dred and  thirty-four  of  the  acts  of  nineteen 
hundred  and  fifty-three  as  continued  by 
chapter  two  hundred  and  twenty-five  of 
the  acts  of  the  current  year,  prior  appro- 
priation continued  ....  $5,000  00 

Connecticut  River  Valley  Flood  Control  Commission. 

For  expenses  of  the  commission  and  for  reim- 
bursement for  loss  of  taxes,  as  authorized 
by  chapter  six  hundred  and  ninetj^-two  of 
the  acts  of  nineteen  hundred  and  fifty-one 


Massachusetts  Aeronautics  Commission. 

For  the  compensation  and  expenses  of  mem- 
bers of  the  Massachusetts  aeronautics  com- 
mission, including  not  more  than  five  per- 
manent positions     ..... 

For  the  service  of  the  Massachusetts  aero- 
nautics commission,  including  not  more 
than  nine  permanent  positions 

Total 

State  Airport  Management  Board. 

For  the  service  of  the  state  airport  manage- 
ment board,  as  authorized  by  chapter  six 
hundred  and  thirty-seven  of  the  acts  of 
nineteen  hundred  and  forty-eight,  including 
not  more  than  eight  permanent  positions 


$10,828  00 

$6,800  00 

58,585  00 
$65,385  00 


$45,299  00 


670 


Acts,  1955.  — Chap.  706. 


Itwn 
0493-01 

0494-01 


For  the  operation  of  the  Logan  airport,  in- 
cluding not  more  than  one  hundred  and 
twenty  permanent  positions  .  $770,000  00 

For  the  operation  of  the  Hanscom  field,  in- 
cluding not  more  than  eight  permanent 
positions 49,120  00 

Total $864,419  00 

Total,  Boards  and  Commissions  serving 

under  Governor  and  Council      .  .     $3,712,605  00 


Service  of  the  Secretary  of  the  Commonwealth. 


0501-01     For  the  salary  of  the  secretary     . 

0501-02  For  the  office  of  the  secretary,  including  not 
more  than  seventy-six  permanent  positions 

0501-10  For  the  expenses  of  the  decennial  census, 
prior  appropriation  continued  . 

0502-01  For  the  purchase  of  certain  supplies,  equip- 
ment and  repairs  necessary  in  connection 
with  the  reproduction  of  the  manuscript 
collection  designated  "Massachusetts  Ar- 
chives", and  for  the  furnishing  of  photo- 
static copies  of  corporation  papers,  election 
papers  and  acts  and  resolves    . 

0502-02  For  the  purchase  and  distribution  of  copies  of 
certain  journals  of  the  house  of  representa- 
tives of  Massachusetts  Bay  from  seventeen 
hundred  and  fifteen  to  seventeen  hundred 
and  eighty,  inclusive,  as  authorized  by 
chapter  four  hundred  and  thirteen  of  the 
acta  of  nineteen  hundred  and  twenty,  as 
amended         ...... 

Total 


$9,000  00 

350,425  00 

10,390  00 


7,050  00 


2,250  00 


$379,115  00 


Printing  Laws,  etc.: 

0503-01  For  printing  and  distributing  the  pamphlet 
edition  and  for  printing  and  binding  the 
blue  book  edition  of  the  acts  and  resolves 
of  the  year  nineteen  hundred  and  fifty-six, 
prior  appropriation  continued  .  .  .  S30,350  00 

0503-02  For  the  printing  of  reports  of  decisions  of  the 
supreme  judicial  court,  prior  appropriation 
continued 13,400  00 

0503-03     For  printing  and  binding  public  documents, 

prior  appropriation  continued  .  .  .  7,475  00 

Total $60,225  00 


Matters  Relating  to  Elections: 

0504-01  For  preparing,  printing  and  distril^uting  bal- 
lots, and  other  miscellaneous  expenses  for 
primarj-  and  other  elections,  including  not 
more  than  five  permanent  positions,  prior 
appropriation  continued  .... 


$339,913  00 


Medical  Examiners: 
0505-01     For  medical  examiners'  fees 


$1,500  00 


Acts,  1955.  —  Chap.  706. 


671 


Commisaion  on  InterttaU  Co-operation 
Item 

0506-01     For  the  service  of  the  commission,  inchiding 

not  more  than  two  permanent  positions     .  $30,025  00 

Total,  Department  of  the  Secretary  of 

the  Commonwealth  ....       $810,778  00 


Service  of  the  Treasurer  and  Receiver-General. 

0601-01  For  the  salary  of  the  treasurer  and  receiver- 
general       " $9,000  00 

0601-02  For  the  office  of  the  treasurer  and  receiver- 
general,  including  not  more  than  fifty-eight 
permanent  positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  one  hundred  five  thousand 
six  hundred  and  seventy-nine  dollars  from 
the  Highway  Fund  .... 


Total 

Commissioners  on  Firemen's  Relief. 

0602-01  For  expenses  of  administration  and  for  rehef 
disbursed  by  the  commissioners  on  fire- 
men's relief    ...... 

State  Board  of  Retirement. 

0604-01  For  the  administrative  office  of  the  board, 
including  not  more  than  twenty  perma- 
nent positions,  prior  appropriation  con- 
tinued  ....... 

0604-03  For  the  payment  of  the  commonwealth's 
share  in  financing  the  state  emploj^ees'  re- 
tirement system,  as  provided  by  chapter 
thirty-two  of  the  General  Laws,  prior  ap- 
propriation continued;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  four  hundred  and  ninety- 
five  thousand  dollars  from  the  Highway 
Fund;  and,  provided  further,  that  the 
amounts  of  reimbursements  received  from 
the  metropolitan  district  commission,  in 
accordance  with  the  provisions  of  section 
nine  A  of  chapter  twenty-nine  of  the  Gen- 
eral Laws,  and  from  the  federal  govern- 
ment on  account  of  the  retirement  of  em- 
ployees of  the  division  of  employment  se- 
curity are  to  be  in  addition  to  this  item 
and  to  be  available  for  expenditure  without 
further  appropriation       .... 

Total 

Emergency  Finance  Board. 

0605-01  For  administrative  expenses  of  the  board, 
including  not  more  than  one  permanent 
position  ...... 

Total,  Department  of  the  Treasurer  and 
Receiver-General      .... 


352,261  00 
$361,261  00 


$15,250  00 


$74,240  00 


3,300,000  00 
$3,374,240  00 


$20,350  00 


$3,771,101  00 


672 


Acts,  1955.  —  Chap.  706. 


Item 

0701-01 
0701-02 


0701-23 
0701-24 


Service  of  the  Auditor  of  the  Commonwealth. 


For  the  salary  of  the  auditor  .  .  $9,000  00 

For  the  office  of  the  auditor,  including  not 
more  than  forty  permanent  positions;  pro- 
vided, that  the  comptroller  shall  transfer 
to  the  General  Fund  the  sum  of  seventy- 
two  thousand  seven  hundred  and  thirty-five 
dollars  from  the  Highway  Fund         .  .  243,115  00 

For  an  audit  of  the  accounts  of  the  Metro- 
politan Transit  Authority         .  .  .  24,610  00 

For  the  expense  of  an  audit  of  the  books  of 
the  New  Bedford,  Woods  Hole,  Martha's 
Vineyard  and  Nantucket  Steamship  Au- 
thority, to  be  reimbursed  by  said  authority 
as  provided  by  law  ....  4,206  00 

Total,  Department  of  the  Auditor  .        $280,930  00 


Service  of  the  Department  of  the  Attorney  General. 

0801-01     For  the  salary  of  the  attorney  general  .  $12,000  00 

0801-02  For  the  office  of  the  attorney  general,  includ- 
ing not  more  than  forty-one  permanent 
positions 288,150  00 

0802-01  For  the  settlement  of  certain  claims,  as  pro- 
vided by  law,  on  account  of  damages  by 
cars  owned  by  the  commonwealth  and  op- 
erated by  state  employees;  provided,  that 
the  comptroller  shall  transfer  to  the  Gen- 
eral Fund  from  the  appropriate  funds  sums 
equal  to  the  payments  made  under  this 
item  for  claims  against  agencies  whose  ap- 
propriations are  derived  from  other  funds  35,000  00 

0802-02  For  the  settlement  of  certain  small  claims, 
as  authorized  by  section  three  A  of  chapter 
twelve  of  the  General  Laws      .  .  .  15,000  00 

Total,  Department  of  the  Attorney  Gen- 
eral          $350,150  00 


0901-01 
0901-02 


0901-11 
0901-21 


0901-22 


Service  of  the  Department  of  Agriculture. 

For  the  salary  of  the  commissioner       .  .  $9,000  00 

For  the  office  of  the  commissioner,  including 
not  more  than  thirty-two  permanent  posi- 
tions       173,239  00 

For  expenses  of  the  board  of  agriculture        .  600  00 

For  apiary  inspection,  including  not  more 
than  one  permanent  position,  and  for  the 
reimbursement  of  owners  of  diseased  bees 
as  provided  in  section  thirty-four  of  chap- 
ter one  hundred  and  twenty-eight  of  the 
General  Laws 7,915  00 

For  a  program  of  soil  conservation,  as  au- 
thorized by  chapter  five  hundred  and 
thirty-one  of  the  acts  of  nineteen  hundred 
and  forty-five,  as  amended        .  .  .  1,685  00 


0905-01 


Total $192,439  00 

Division  of  Dairying  and  Animal  Husbandry. 

For  the  service  of  the  division,  including  not 

more  than  five  permanent  positions  .  $27,195  00 


Acts,  1955. —  Chap.  706. 


673 


Item 
0905-03 


0906-01 


0907-01 


0907-06 


0907-07 


0908-01 


0909-01 


0910-01 
0910-21 


For  administering  the  law  relative  to  inspec- 
tion of  barns  and  dairies  bj^  the  department 
of  agriculture,  including  not  more  than  fif- 
teen permanent  positions 


Total 


Milk  Control  Commission. 


For  the  service  of  the  commission,  including 
not  more  than  thirty-four  permanent  posi- 
tions     ....... 

Division  of  Livestock  Disease  Control. 

For  the  office  of  the  director^  including  not 
more  than  twenty-six  permanent  positions 
and  not  more  than  fifty  permanent  inter- 
mittent positions     .  .  .  . 

For  reimbursement  of  owners  of  horses  killed 
during  the  year  nineteen  hundred  and  fifty- 
six  and  previous  years,  travel,  when  al- 
lowed, of  inspectors  of  animals,  incidental 
expenses  of  killing  and  burial,  quarantine 
and  emergency  services,  and  for  laboratory 
and  veterinary  supplies  and  equipment 

For  reimbursement  of  owners  of  tubercular 
cattle  killed,  as  authorized  by  section 
twelve  A  of  chapter  one  hundred  and 
twenty-nine  of  the  General  Laws  and  in 
accordance  with  certain  provisions  of  law 
and  agreements  made  under  authority  of 
section  thirty-three  of  said  chapter  one 
hundred  and  twenty-nine,  prior  appro- 
priation continued 

Total 

Division  of  Markets. 

For  the  service  of  the  division,  including  not 
more  than  nine  permanent  positions 

Division  of  Plant  Pest  Control  and  Fairs. 

For  the  service  of  the  division,  including  not 
more  than  four  permanent  positions 

State  Reclamation  Board. 

For  the  service  of  the  board,  including  not 
more  than  four  permanent  positions 

For  the  control  of  the  greenhead  fly,  as  au- 
thorized by  chapter  three  hundred  and 
eighty-eight  of  the  acts  of  nineteen  hundred 
and  fifty-four  .         .         .     ^    . 

Total 

Total,  Department  of  Agriculture 


$81,116  GO 
$108,311  00 


$169,463  00 


$224,130  00 


10,600  00 


$234,730  00 


$68,520  00 


$32,360  00 


$16,070  00 


2,500  00 

$18,570  00 

$824,393  00 


Service  of  the  Department  of  Natural  Resources. 

1001-01     For  the  salary  of  the  commissioner       .          .  $10,000  00 

1001-02  For  the  office  of  the  commissioner,  including 
not  more  than  twenty-five  permanent 
positions 119,525  00 


674 


Acts,  1955.  — Chap.  706. 


Item 
1001-04 


For  the  expenses  of  the  natiiral  resources 
board $1,400  00 

Total $130,925  00 


Division  of  Forests  and  Parks. 

1002-01     For  the  office  of  the  director,  including  not 

more  than  five  permanent  positions  .  $23,050  00 

1002-12  For  the  service  of  the  state  fire  warden,  in- 
cluding not  more  than  twenty-two  perma- 
nent positions,  and  for  expenses  of  the 
Northeastern  Forest  Fire  Protection  Com- 
mission, as  authorized  by  chapter  four 
hundred  and  fifty-seven  of  the  acts  of  nine- 
teen hundred  and  forty-nine,  and  for  com- 
pensation of  commissioners,  as  provided 
by  section  four  of  said  chapter  .         336,155  00 

1002-14  For  the  expenses  of  forest  fire  patrol,  as 
authorized  by  section  twenty-eight  A  of 
chapter  forty-eight  of  the  General  Laws    .  46,270  00 

1002-21  For  the  development  of  forests,  including  not 
more  than  thirty-eight  permanent  posi- 
tions     .         .      ■ 205,400  00 

1002-26  For  certain  farm  forestry  projects  in  co- 
operation with  the  United  States  Forest 
Service  and  the  county  of  Berkshire,  in- 
cluding not  more  than  one  permanent 
position;  provided,  that  no  expenditure 
shall  be  made  under  this  item  until  the 
county  of  Berkshire  shall  have  deposited 
the  sum  of  one  thousand  five  hundred  and 
fourteen  dollars  in  the  state  treasury  for 
this  project    ......  6,055  00 

1002-27  For  certain  farm  forestry  projects  in  co- 
operation with  the  United  States  Forest 
Service  and  the  county  of  Essex,  including 
not  more  than  one  permanent  position; 
provided,  that  no  expenditure  shall  be 
made  under  this  item  until  the  county  of 
Essex  shall  have  deposited  the  sum  of  one 
thousand  five  hundred  and  twenty-six 
dollars  in  the  state  treasury  for  this  proj- 
ect          6,105  00 

1002-31  For  the  suppression  of  insect  pests  and  shade 
tree  diseases,  including  gypsy  and  brown 
tail  moths  and  Japanese  beetles  under  any 
general  or  special  law,  and  including  not 
more  than  fifteen  permanent  positions; 
provided,  that  notwithstanding  the  provi- 
sions of  section  two  of  chapter  twenty-nine 
of  the  General  Laws  as  amended,  assess- 
ments 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  estab- 
lished 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  hundred  and  forty-eight  as  amended, 
provided,  however,  that  when  this  has  been 
accomplished,  said  assessments  shall  be 
credited  to  tne  General  Fund;    and,  pro- 


Item 


Acts,  1955.  — Chap.  706.  675 


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 $152,855  00 


Total $775,890  00 


Division  of  Law  Enforcement. 

1003-01     For  the  office  of  the  director,  including  not 

more  than  five  permanent  positions  .  $20,610  00 

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-seven  permanent 
positions         .  .  .  .  .  .  149,195  00 

1003-03  For  conservation  officers,  including  not  more 
than  thirty-nine  permanent  positions;  pro- 
vided, that  the  comptroller  shall  transfer 
to  the  General  Fund  a  sum  equal  to  fifty 
per  cent  of  the  payments  made  under  this 
item  from  the  Inland  Fisheries  and  Game 
Fund,  as  provided  by  section  three  A  of 
chapter  one  hundred  and  thirtv-one  of  the 
General  Laws  .  .         '.  .  .  189,435  00 


Total $359,240  00 


Division  of  Marine  Fisheries. 

1004-70  For  the  service  of  the  office  of  the  director, 
including  not  more  than  fifteen  permanent 
positions,  and  for  the  administration  of  the 
activities  provided  for  under  item  2610-04         $84,200  00 

1004-93  For  experimental  work  with  and  consultant 
services  of  the  Woods  Hole  Oceanographic 
Institute  for  the  purpose  of  increasing  the 
supply  of  shellfish  in  the  commonwealth    .  20,000  00 

Total $104,200  00 


Total,  Department  of  Natural  Resources    $1,370,255  00 


Service  of  the  Department  of  Banking  and  Insurance. 

Division  of  Banks. 

1101-01     For  the  salary  of  the  commissioner       .  .  $12,000  00 

1101-02  For  the  office  of  the  commissioner,  including 
not  more  than  one  hundred  and  fifty-eight 
permanent  positions         ....  834,110  00 

1102-01  For  the  office  of  the  supervisor  of  loan  agen- 
cies, including  not  more  than  nine  perma- 
nent positions  .....  43,760  00 

Total $889,870  00 


676  Acts,  1955.  — Chap.  706. 


Division  of  Insurance. 
Item 

1103-01  For  the  salary  of  the  commissioner  .  .  $12,000  00 
1103-02  For  the  service  of  the  division,  including  ex- 
penses of  the  board  of  appeal  and  certain 
other  costs  of  supervising  motor  vehicle 
liability  insurance,  and  including  not  more 
than  two  hundred  and  thirty-nine  perma- 
nent positions;  provided,  that  contracts  or 
orders  for  the  purchase  of  statement  blanks 
for  the  making  of  annual  reports  to  the 
commissioner  of  insurance  shall  not  be  sub- 
ject to  the  restrictions  prescribed  by  sec- 
tion one  of  chapter  five  of  the  General 
Laws;  and,  provided  further,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  two  hundred  twenty-three 
thousand  and  forty-seven  dollars  from  the 
Highway  Fund 1,115,235  00 

Total $1,127,235  00 

Division  of  Savings  Bank  Life  Insurance. 

1105-01     For  the  service  of  the  division,  including  not 

more  than  thirty  permanent  positions        .        $130,647  00 

Total,  Department  of  Banking  and  In- 
surance   $2,147,752  00 


Service  of  the  Department  of  Corporations  and  Taxation. 

1201-01  For  the  salary  of  the  commissioner  and  asso- 
ciate commissioners  ....  $43,000  00 

1201-02  For  personal  services  of  the  department  ex- 
cept as  otherwise  provided,  including  not 
more  than  six  hundred  and  sixty-six  per- 
manent positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  one  hundred  and  thirty- 
four  thousand  eight  hundred  and  eighty- 
one  dollars  from  the  Highway  Fund,  the 
sum  of  one  hundred  and  thirty-four  thou- 
sand eight  hundred  and  eighty-one  dollars 
from  amounts  collected  under  chapter 
sixty-four  B  of  the  General  Laws  and  the 
sum  of  one  million  six  hundred  and  ninety- 
four  thousand  dollars  from  the  receipts  of 
the  income  tax 2,697,620  00 

1201-03  For  expenses  of  the  department  except  as 
otherwise  provided  for;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  twenty-five  thousand 
eight  hundred  and  seventy  dollars  from 
the  Highway  Fund,  and  the  sum  of 
twenty-eight  hundred  and  forty  dollars 
from  amoimts  collected  under  chapter 
sixty-four  B  of  the  General  Laws      .  .  178,565  00 

1202-02  For  expenses  of  the  income  tax  division;  pro- 
vided, that  a  sum  equivalent  to  the  pay- 
ments under  this  item  shall  be  transferred 
to  the  General  Fund  from  receipts  of  the 
income  tax     ......  581,765  00 


Total $3,500,950  00 


Acts,  1955.  —  Chap.  706. 


677 


Item 
1203-01 


1203-11 


1203-12 


1203-21 


Division  of  Accounts. 

For  the  service  of  the  division,  including  not 
more  than  one  hundred  and  twenty-two 
permanent  positions,  partly  chargeable  to 
item  1203-11  .         .         .         .         .       $611,105  00 

For  expenses  of  auditing  and  installing  sys- 
tems of  municipal  accounts,  the  cost  of 
which  is  to  be  assessed  upon  the  munici- 
palities for  which  the  work  is  done    .  .  63,000  00 

For  the  expenses  of  certain  books,  forms  and 
other  material  which  may  be  sold  to  cities 
and  towns  requiring  the  same  for  maintain- 
ing their  system  of  accoimts     .  .  45,000  00 

For  the  service  of  the  county  personnel  board, 
including  not  more  than  six  permanent 
positions 16,935  00 

Total $736,040  00 


Appellate  Tax  Board. 

1204-01  For  the  service  of  the  board,  including  not 
more  than  twenty-nine  permanent  posi- 
tions     ....... 

Total,  Department  of  Corporations  and 
Taxation  ..... 


$180,154  00 


$4,417,144  00 


-10 


Service  of  the  Department  of  Education. 

For  the  salary  of  the  commissioner       .  .  $11,000  00 

For  the  office  of  the  commissioner,  including 
not  more  than  sixty-six  permanent  posi- 
tions       362,540  00 

For  extension  courses  in  the  methods  used  in 
the  art  of  teaching  and  related  subjects,  to 
be  conducted  by  the  division  of  teachers 
colleges,  for  graduates  of  teachers  colleges 
or  for  such  students  or  graduates  of  other 
colleges  as  may  be  approved  by  the  state 
board  of  education;  provided,  that  such 
courses  may  be  furnished  free  of  charge  to 
veterans,  as  authorized  in  sections  seven 
and  seven  A  of  chapter  sixty-nine  of  the 
General  Laws;  and,  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  and  twenty-five  thou- 
sand dollars  with  the  approval  of  the  state 
board  of  education  ...  10,000  00 

For  printing  school  registers  and  other  school 
blanks  for  cities  and  towns       .  .  .  4,900  00 

For  expenses  of  holding  teachers'  institutes  .  905  00 

For  aid  to  certain  pupils  in  state  teachers' 
colleges,  under  the  direction  of  the  depart- 
ment of  education  .....  4,000  00 

For  the  service  of  the  state  building  on  New- 
bury Street,  Boston,  including  not  more 
than  four  permanent  positions  .  29,830  00 


678 


Acts,  1955. —  Chap.  706. 


Item 
1301-20 

1301-21 


1301-23 

1301-25 

1301-29 
1302-01 


For  the  Board  of  Education,  including  not 
more  than  two  permanent  positions  .         .  $9,965  00 

For  the  service  of  the  Massachusetts  Re- 
habilitation Commission,  including  not 
more  than  six  permanent  positions   .  .  12,730  00 

For  printing  guides  for  school  curricula,  prior 

appropriation  continued  ....  10,350  00 

For  expenses  of  the  board  of  collegiate  au- 
thority    400  00 

For  a  program  of  sight  saving  classes  .  .  1,250  00 

For  a  summer  school  to  be  conducted  at 
Hyannis  or  elsewhere,  with  the  approval  of 
the  commissioner  of  education  .         ,  7,800  00 

Total $465,670  00 


School  Lunch  and  Commodity  Distribution  Program. 

1305-01  For  the  administration  of  the  program,  in- 
cluding not  more  than  twenty-two  perma- 
nent positions  .....  $98,515  00 

1305-05  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,  pay- 
ments so  authorized  to  be  paid  from  state 
funds  shall  not  exceed  fifty  per  cent  of  the 
total  reimbursement  authorized  by  the 
national  school  lunch  act;  and,  further 
provided,  that  a  sum  equivalent  to  the 
payments  under  this  item  shall  be  trans- 
ferred to  the  General  Fund  from  the  re- 
ceipts of  the  income  tax  .... 


Total 


283,150  00 
$381,665  00 


Division  of  Vocational  Education. 

1307-01  For  the  training  of  teachers  for  vocational 
schools,  to  comply  with  the  requirement  of 
federal  authorities  under  the  provisions  of 
the  Smith-Hughes  act,  so  called,  including 
not  more  than  thirty-one  permanent  posi- 
tions     ....... 

1307-02  For  expenses  required  for  the  operation  of  an 
agency  for  surplus  property 

Total 


$103,156  00 

18,820  00 

$121,976  00 


Division  of  Vocational  Rehabilitation. 

1309-01  For  the  expenses  of  the  division  of  vocational 
rehabilitation,  prior  appropriation  con- 
tinued  ....... 


$257,000  00 


Education  of  Deaf  and  Blind  Pupils. 

1311-01  For  education  of  deaf  and  blind  pupils  of  the 
commonwealth,  as  provided  by  section 
twenty-six  of  chapter  sixty-nine  of  the 
General  Laws,  prior  appropriation  con- 
tinued ....... 


$924,000  00 


Acts,  1955.  —  Chap.  706. 


679 


Dwision  of  Univeraily  Extension. 

For  the  university  extension  courses,  includ- 
ing not  more  than  forty  permanent  posi- 
tions; provided,  that  the  division  may,  in 
addition  to  the  sums  appropriated  for  the 
purpose  in  this  item,  expend  from  the  re- 
ceipts, without  appropriation,  income  de- 
rived from  such  courses  as  may  be  con- 
ducted at  no  net  expense  to  the  common- 
wealth to  an  amount  not  exceeding  one 
hundred  thousand  dollars  with  the  ap- 
proval of  the  state  board  of  education 


$277,435  00 


Division  of  Immigration  and  Americanization. 

For  the  service  of  the  division,  including  not 
more  than  nineteen  permanent  positions  . 


$87,970  00 


Division  of  Public  Libraries. 

For  the  service  of  the  division,  including  not 
more  than  twenty-five  permanent  positions 


$115,490  00 


Division  of  the  Blind. 

For  general  administration  and  for  instruc- 
tion of  the  adult  blind  in  their  homes,  in- 
cluding not  more  than  sixty-five  perma- 
nent positions $263,895  00 

For  aiding  the  adult  blind,  subject  to  the 
conditions  provided  by  law,  including  the 
cost  of  certain  medical  assistance  and  sup- 
plies, prior  appropriation  continued  .  .       1,280,000  00 

For  expenses  of  administering  and  operating 
the  service  of  piano  tuning  under  section 
twenty-five  of  chapter  sixty-nine  of  the 
General  Laws  ...  22,500  00 

For  the  operation  of  local  shops,  including 

not  more  than  eleven  permanent  positions  169,525  00 

For  the  operation  of  the  Woolson  House  in- 
dustries, including  not  more  than  three 
permanent  positions         ....  96,690  00 

For  the  operation  of  the  salesroom  and  other 
expenses  in  connection  with  the  sale  of  ma- 
terials made  by  blind  persons,  including 
not  more  than  four  permanent  positions   .  38,410  00 

For  the  operation  of  certain  industries  for 
men,  including  not  more  than  seven  perma- 
nent positions  .  .  .  .  361,470  00 

For  the  operation  of  a  workshop  for  the  blind 
in  the  city  of  Springfield,  as  authorized  by 
chapter  six  hundred  and  sixty-six  of  the 
acts  of  nineteen  hundred  and  fifty-one,  in- 
cluding not  more  than  two  permanent  posi- 
tions       52,120  00 

For  the  promotion  of  vocational  rehabilita- 
tion of  the  blind  in  co-operation  with  the 
federal  government  ....  30,000  00 

Total $2,314,610  00 


680 


Acts,  1955.  — Chap.  706. 


Item 
1319-01 

1319-08 


Teachers'  Retirement  Board. 

For  the  service  of  the  board,  including  not 

more  than  thirty  permanent  positions       .        $114,721  00 
For   the   payment   of   the   commonwealth's 

share  in  financing  the  teachers'  retirement 

system,  as  provided  by  chapter  thirty-two 

of  the  General  Laws  as  amended,  prior 

appropriation  continued  ....       7,300,000  00 

Total $7,414,721  00 


Massachusetts  Maritime  Academy. 

1327-01     For  administration,  including  not  more  than 

two  permanent  positions  .  .  .  $10,605  00 

1327-10  For  maintenance  of  the  academy  and  ship, 
including  not  more  than  forty-nine  per- 
manent positions,  with  the  approval  of  the 
commissioner  of  education        .  ,  .  349,845  00 

Total $360,450  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: 

1330-01  State  teachers'  college  at  Bridgewater,  includ- 
ing not  more  than  eighty-two  permanent 
positions $472,040  00 

1330-21  State  teachers'  college  at  Bridgewater,  board- 
ing hall,  including  not  more  than  thirty- 
seven  permanent  positions        .         .         .         177,945  00 

1331-01     State  teachers'  college  at  Fitchburg,  including 

not  more  than  eighty  permanent  positions         430,929  00 

1331-21  State  teachers'  college  at  Fitchburg,  board- 
ing hall,  including  not  more  than  eleven 
permanent  positions         ....  95,610  00 

1332-01  State  teachers'  college  at  Framingham,  in- 
cluding not  more  than  eighty-one  perma- 
nent positions  .....  364,935  00 

1332-21  State  teachers'  college  at  Framingham, 
boarding  hall,  including  not  more  than 
thirty  permanent  positions       .  .  .  148,895  00 

1333-01     State  teachers'  college  at  Lowell,  including 

not  more  than  fifty-six  permanent  positions         249,270  00 

1334-01  State  teachers'  college  at  North  Adams,  in- 
cluding not  more  than  thirty-six  perma- 
nent positions 152,070  00 

1334-21  State  teachers'  college  at  North  Adams, 
boarding  hall,  including  not  more  than  five 
permanent  positions         ....  26,360  00 

1335-01     State  teachers'  college  at  Salem,  including  not 

more  than  sixty-one  permanent  positions         293,737  00 

1336-01  State  teachers'  college  at  Westfield,  includ- 
ing not  more  than  thirty-nine  permanent 
positions 163,030  00 

1336-21  State  teachers'  college  at  Westfield,  boarding 
hall,  including  not  more  than  two  perma- 
nent positions         .....  7,290  00 

1337-01  State  teachers'  college  at  Worcester,  includ- 
ing not  more  than  fifty-four  permanent 
positions 240,095  00 


Acts,  1955. —  Chap.  706. 


681 


Item 
1338-01 


1339-01 


1340-01 


1342-01 


State  teachers*  college  at  Boston,  including 

not    more    than    sevent3'-two    permanent 

positions         .  .  ...  .        $408,987  00 

Massachusetts  school  of  art,  including  not 

more  than  forty  permanent  positions  .  225,816  00 

Total $3,457,009  GO 

For  the  maintenance  of  and  for  certain  iin- 
provements  at  the  following  institutes,  with 
the  approval  of  the  comynissioner  of  edu- 
cation and  the  trustees  thereof: 

Bradford  Durfee  technical  institute,  includ- 
ing not  more  than  thirty-five  permanent 
positions,  and  including  the  sum  of  ten 
thousand  dollars  which  is  to  be  assessed 
upon  the  city  of  Fall  River  as  a  part  of  the 
charges  to  be  paid  by  said  city  to  the  com- 
monwealth in  the  calendar  year  nineteen 
hundred  and  fifty-five      .  .  .  .        $224,170  00 

New  Bedford  institute  of  textiles  and  tech- 
nology, including  not  more  than  thirty-six 
permanent  positions,  and  including  the  sum 
of  ten  thousand  dollars  which  is  to  be  as- 
sessed upon  the  city  of  New  Bedford  as  a 
part  of  the  charges  to  be  paid  by  said  city 
to  the  commonwealth  in  the  calendar  year 
nineteen  hundred  and  fifty-five         .         .         228,185  00 

Total $452,355  00 


Lowell  Technological  Institute  of  Massachusetts. 

1345-01  For  the  maintenance  of  the  Lowell  Tech- 
nological Institute  of  Massachusetts,  with 
the  approval  of  the  trustees,  including  not 
more  than  one  hundred  and  thirty-four 
permanent  positions,  and  including  the 
sum  of  ten  thousand  dollars  which  is  to  be 
assessed  upon  the  city  of  Lowell  as  a  part 
of  the  charges  to  be  paid  by  said  city  to  the 
commonwealth  in  the  calendar  year  nine- 
teen hundred  and  fifty-five;  provided,  that 
said  institute  is  hereby  authorized  to  con- 
duct a  summer  school  at  no  expense  to  the 
commonwealth,  and  for  said  purpose  the 
institute  may  receive  and  expend  income 
derived  therefrom  .....        $908,660  00 

1345-42  For  certain  scholarships  at  the  Lowell  Tech- 
nological Institute  of  Massachusetts,  as  au- 
thorized by  chapter  four  hundred  and 
seven  of  the  acts  of  nineteen  hundred  and 
fifty-three 7,500  00 


Total 


$916,160  00 


University  of  Massachusetts. 

1350-01  For  the  maintenance  of  the  University  of 
Massachusetts,  with  the  approval  of  the 
trustees,  including  not  more  than  nine 
hundred  and  sixty  permanent  positions; 
provided,  that  notwithstanding  the  limi- 


682  Acts,  1955.  — Chap.  706. 

It«m 

tation  of  section  four  of  chapter  seven 
hundred  and  fifteen  of  the  acts  of  nineteen 
hundred  and  fifty-one  and  chapter  four 
hundred  and  seven  of  the  acts  of  nineteen 
hundred  and  fiifty-four,  authorization  is 
hereby  granted  to  allow  payment  from  this 
account  of  the  increase  provided  under  said 
chapter  seven  hundred  and  fifteen  to  all 
employees  at  the  University  of  Massachu- 
setts classified  under  sections  forty-five  to 
fifty,  inclusive,  of  chapter  thirty  of  the 
General  Laws,  as  amended;  and,  pro- 
vided further,  that  notwithstanding  any 
other  provision  of  law  to  the  contrary, 
there  shall  be  included  a  paj^ment  of  two 
himdred  and  seventy-five  dollars  for  a  cer- 
tain prior-year  salary  earned  but  not  paid    $6,250,609  00 

1350-21  For  expenses  in  connection  with  research 
projects  for  which  the  commonwealth  will 
be  fully  reimbursed  by  the  federal  govern- 
ment, with  the  approval  of  the  commission 
on  administration  and  finance,  prior  appro- 
priation continued  ....  50,000  00 

1350-22    This  item  included  in  item  1360-01. 

1350-25  For  certain  additional  improvements  to  farm 
and  dairy  buildings,  including  furnishings 
and  equipment,  to  be  in  addition  to  the 
amount  appropriated  in  item  7613-11  of 
chapter  six  hundred  and  four  of  the  acts  of 
nineteen  hundred  and  fifty-two,  prior  ap- 
propriation continued. 

1350-96  For  certain  scholarships  at  the  University  of 
Massachusetts,  as  authorized  by  chapter 
five  hundred  and  twenty-four  of  the  acts 
of  nineteen  hundred  and  fifty-one     .  .  25,000  00 


Total $6,325,609  00 


Youth  Service  Board. 

1380-01  For  administration  of  the  youth  service 
board,  as  authorized  by  chapter  six  hun- 
dred and  five  of  the  acts  of  nineteen  hun- 
dred and  fifty-two,  including  not  more 
than  sixty-eight  permanent  positions  .        $556,760  00 

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,  however, 
that  the  governor,  upon  the  recommenda- 
tion of  the  commission  on  administration 
and  finance  and  with  the  approval  of  the 
council,  may  make  allocations  of  sums  by 
transfer,  or  otherwise,  and  may  transfer 
permanent  positions  from  the  appropria- 
tions made  available  to  the  Lyman  school 
for  boys,  item  1S8S-01,  to  the  appropria- 
tion item  available  for  the  detention  center, 
item  IS8/1-OI: 

1381-01  Industrial  school  for  boys,  including  not  more 
than  one  hundred  and  ten  permanent  posi- 
tions       $539,380  00 


Acts,  1955.  —  Chap.  706. 


683 


Item 

1382-01  Industrial  school  for  girls,  including  not  more 
than  fifty-seven  permanent  positions 

138.3-01  Lyman  school  for  boys,  including  not  more 
than  one  hundred  and  forty-three  perma- 
nent positions  ..... 

1384-01  For  the  operation  of  a  detention  center,  in- 
cluding not  more  than  eight  permanent 
positions         ...... 

1385-01  For  the  operation  of  the  institute  of  juvenile 
guidance,  including  not  more  than  forty- 
eight  permanent  positions 

Total 

Total,  Youth  Service  Board 


$333,795  00 


738,210  00 


154,810  00 


227,335  00 
$1,993,630  00 
$2,550,290  00 


Board  of  Educational  Television. 
1391-01     This  item  postponed. 


School  Building  Assistance  Commission. 

1393-01     For  the  school  building  assistance  commis- 
sion      ....... 

Total,  Department  of  Education  . 


$65,750  00 
$26,488,160  00 


Service  of  the  Department  of  Civil  Service  and  Registration. 

Division  of  Civil  Service. 

1402-01  For  the  salary  of  the  director  and  for  the  com- 
pensation of  members  of  the  commission   .  $33,400  00 

1402-02  For  the  service  of  the  division,  including  not 
more  than  two  hundred  and  thirteen  per- 
manent positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  one  hundred  and  twenty- 
four  thousand  dollars  from  the  Highway 
Fund 820,658  00 

1402-21  For  expenses  of  hearings,  as  authorized  by 
section  one  of  chapter  six  hundred  and 
sixty-seven  of  the  acts  of  nineteen  hundred 
and  forty-five 5,000  00 

Total $859,058  00 


Division  of  Registration. 

1403-01     For  the  salary  of  the  director  .  .  $5,000  00 

1403-02     For  the  service  of  the  division,  including  not 

more  than  forty-four  permanent  positions         229,024  00 

Total $234,024  00 


1404-01 


For  the  service  of  the  folloxtnng  agencies  in 
the  division: 

Board  of  registration  in  medicine,  including 
not  more  than  seven  permanent  positions 


$8,060  00 


684 


Acts,  1955.  —  Chap.  706. 


Item 

1405-01     Board   of   dental   examiners,    including   not 

more  than  five  permanent  positions  .  .  $4,800  00 

1406-01     Board  of  registration  in  chiropody,  including 

not  more  than  five  permanent  positions  2,800  00 

1407-01     Board  of  registration  in  pharmacy,  including 

not  more  than  nine  permanent  positions   .  26,390  00 

1408-01     Board  of  registration  of  nurses,  including  not 

more  than  ten  permanent  positions  .  4,300  00 

1409-01  Board  of  registration  in  embalming  and  fu- 
neral directing,  including  not  more  than 
five  permanent  positions  .  .  .  11,100  00 

1410-01     Board  of  registration  in  optometry,  including 

not  more  than  five  permanent  positions     .  2,250  00 

1411-01  Board  of  registration  in  veterinary  medicine, 
including  not  more  than  five  permanent 
positions         .  .  .  .  .  .  2,345  00 

1412-01     Board  of  registration  of  professional  engineers 

and  land  surveyors  ....  4,010  00 

1413-01     Board  of  registration  of  architects,  including 

not  more  than  five  permanent  positions     .  3,160  00 

1414-01  Board  of  registration  of  certified  public  ac- 
countants, including  not  more  than  five 
permanent  positions         .  .  .  .  15,030  00 

1416-01     State  examiners  of  electricians,  including  not 

more  than  two  permanent  positions  .  8,000  00 

1417-01     State  examiners  of  plumbers,  including  not 

more  than  three  permanent  positions         .  6,250  00 

1420-01     Board  of  registration  of  barbers,  including  not 

more  than  eight  permanent  positions  .  36,860  00 

1421-01  Board  of  registration  of  hairdressers,  includ- 
ing not  more  than  seventeen  permanent 
positions 71,405  00 

Total $206,760  00 

Total,  Department  of  Civil  Service  and 

Registration $1,299,842  00 


Service  of  the  Department  of  Commerce. 

1551-01  For  the  service  of  the  department,  including 
not  more  than  twenty-eight  permanent 
positions         ...... 

1551-10  For  the  commonwealth's  share  of  the  expenses 
of  the  New  England  textile  committee 

1551-11  For  the  commonwealth's  share  of  the  ex- 
penses of  the  New  England  regional  atomic 
energy  committee  ..... 


Total,  Department  of  Commerce 


$551,049  00 
10,920  00 

2,500  00 
$564,469  00 


Service  of  the  Department  of  Labor  and  Industries. 

1601-01  For  general  administration  and  for  the  divi- 
sion of  employment  of  the  aging,  as  author- 
ized by  chapter  five  hundred  and  seventy- 
eight  of  the  acts  of  nineteen  hundred  and 
fifty-four,  including  not  more  than  thirteen 
permanent  positions         ....  $81,520  00 


Acts,  1955. —  Chap.  706.  685 

Item 

1603-01  For  the  diviaion  of  industrial  inspection,  in- 
cluding not  more  than  sixtv-seven  perma- 
nent positions  .  .    "     .  .  .        $340,910  00 

1605-01  For  the  division  of  occupational  hygiene,  in- 
cluding not  more  than  fourteen  permanent 
positions 72,000  00 

1607-01     For  the  division  of  statistics,  including  not 

more  than  thirty-four  permanent  positions  138,790  00 

1609-01  For  administration  of  the  division  on  neces- 
saries of  life,  including  not  more  than  five 
permanent  positions         ....  23,800  00 

1609-05  For  administration,  by  said  division,  of  sec- 
tions two  hundred  and  ninety-five  A  to  two 
hundred  and  ninety-five  O,  inclusive,  of 
chapter  ninety-four  of  the  General  Laws, 
relating  to  the  advertising  and  sale  of  motor 
fuel  at  retail,  including  not  more  than 
twelve  permanent  positions      .  .  .  61,760  00 

161 1-01  For  the  board  of  conciliation  and  arbitration, 
including  not  more  than  sixteen  permanent 
positions 96,200  00 

1613-01  For  the  commission  on  minimum  wage  and 
for  expenses  of  wage  boards,  including  not 
more  than  thirty-four  permanent  positions  144,035  00 

1615-01     For  the  division  of  standards,  including  not 

more  than  fifteen  permanent  positions       .  79,405  00 

Total $1,038,420  00 


Labor  Relations  Commission. 

1619-01  For  the  service  of  the  commission,  including 
not  more  than  nineteen  permanent  posi- 
tions       $100,143  00 


Division  of  Industrial  Accidents. 

1651-01  For  personal  services  of  members  of  the 
board,  including  not  more  than  nine  per- 
manent positions $73,000  00 

1651-02  For  the  service  of  the  board,  including  not 
more  than  one  hundred  and  forty-five  per- 
manent positions;  provided,  that  not- 
withstanding the  provisions  of  chapter  six 
hundred  and  thirty  of  the  acts  of  nineteen 
hundred  and  fifty-two,  the  board  shall 
provide  such  clerical  service  from  time  to 
time  as  may  be  required  by  the  Massachu- 
setts rehabilitation  commission  .  652,585  00 

1651-05     For  expenses  of  impartial  examinations,  prior 

appropriation  continued  ....  21,500  00 

1651-06  For  the  compensation  of  certain  public  em- 
ployees for  injuries  sustained  in  the  course 
of  their  employment,  as  provided  by  sec- 
tion sixty-nine  of  chapter  one  hundred  and 
fifty-two  of  the  General  Laws,  prior  ap- 
propriation continued;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  one  hundred  and  seventy- 
five  thousand  dollars  from  the  Highway 
Fund 500,000  GO 


Total $1,247,085  00 


686 


Acts,  1955. —  Chap.  706. 


Item 
1651-21 


Division  of  Self-Insurance. 

For  the  service  of  the  division,  including  not 
more  than  six  permanent  positions,  as  au- 
thorized by  chapter  sixty  of  the  acts  of 
nineteen  hundred  and  forty-five 

Total,  Department  of  Labor  and  Indus- 
tries       ...... 


S29,430  00 


$2,415,078  00 


Service  of  the  Department  of  Mental  Health. 

1701-01  For  the  salary  of  the  commissioner  .  .  $15,000  00 
1701-02  For  administration,  including  the  division  of 
mental  hygiene,  and  including  not  more 
than  one  hundred  and  ninety-one  perma- 
nent positions,  and  for  the  transportation 
and  medical  examinations  of  patients  and 
certain  feeble-minded  persons;  provided, 
that  the  position  of  supervisor  of  laundry 
service  shall  not  be  subject  to  the  civil 
service  laws  and  rules  ....  1,582,377  00 
1701-03  For  therapy  treatment  of  sexual  offenders 
including  those  now  incarcerated  in  insti- 
tutions of  the  department  of  correction  or 
youth  service  board  and  for  outpatient 
service  connected  therewith      .         .         .  49,860  00 

Total $1,647,237  00 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  following  institutions 
under  the  control  of  the  department  of 
mental  health: 

1710-00  Boston  psychopathic  hospital,  including  not 
more  than  one  hundred  and  ninety-four 
permanent  positions         ....       $992,590  00 

1711-00  Boston  state  hospital,  including  not  more 
than  seven  hundred  and  seventy-six  per- 
manent positions    .....      4,033,865  00 

1712-00  Danvers  state  hospital,  including  not  more 
than  six  hundred  and  fifty-five  permanent 
positions 3,283,580  00 

1713-00  Foxborough  state  hospital,  including  not 
more  than  four  hundred  and  fifteen  per- 
manent positions    .....       1,921,900  00 

1714-00  Gardner  state  hospital,  including  not  more 
than  four  hundred  and  twenty-two  per- 
manent positions    .....      2,022,135  00 

1715-00  Grafton  state  hospital,  including  not  more 
than  five  hundred  and  thirty-seven  perma- 
nent positions 2,417,285  00 

1716-00  Medfield  state  hospital,  including  not  more 
than  five  hundred  and  twenty-eight  per- 
manent positions    .....       2,295,015  00 

1716-21  For  certain  additions  and  alterations  to  the 
kitchen,  including  the  cost  of  furnishings 
and  equipment,  prior  appropriation  con- 
tinued   17,000  00 

1717-00  Metropolitan  state  hospital,  including  not 
more  than  five  hundred  and  seventy  per- 
manent positions 2,508,883^00 


Acts,  1955.  — Chap.  706. 


687 


Item 
1718-00 

1719-00 


1720- 

-00 

1721-00 

1722- 

-00 

1722- 

-25 

1723- 

-00 

1723- 

-23 

1724-00 
1725-00 
1726-00 
1727-00 


Northampton  state  hospital,  mcluding  not 
more  than  five  hundred  and  thirty  perma- 
nent positions $2,621,956  00 

Taunton  state  hospital,  including  not  more 
than  five  hundred  and  twenty-nine  perma- 
nent positions;  provided,  that  notwith- 
standing any  other  provision  of  law  to  the 
contrary,  there  shall  be  included  a  pay- 
ment of  two  hundred  and  fifty-two  dollars 
and  forty-one  cents  for  a  certain  prior-j'^ear 
salary  earned  but  not  paid       .         .         .      2,525,590  00 

Westborough  state  hospital,  including  not 
more  than  six  hundred  and  thirty-seven 
permanent  positions         ....       2,875,827  00 

Worcester  state  hospital,  including  not  more 
than  six  hundred  and  eighty-three  perma- 
nent positions  .  .  .  .       3,119,415  00 

Monson  state  hospital,  including  not  more 
than  five  hundred  and  six  permanent  posi- 
tions       _.         .      2,345,065  00 

For  fire  protection  improvements  in  the 
women's  hospital,  men's  hospital  and 
women's  cottage,  prior  appropriation  con- 
tinued   8,000  00 

Belchertown  state  school,  including  not  more 
than  three  hundred  and  eighty-two  perma- 
nent positions 1,885,970  00 

For  the  renovation  of  the  milk  processing 
system,  including  the  purchase  and  instal- 
lation of  cooling  equipment  and  certain 
alterations  to  the  boiler  plant,  prior  ap- 
propriation continued,  expires  June  thirti- 
eth, nineteen  hundred  and  fifty-seven       .  10,000  00 

Walter  E.  Femald  state  school,  including  not 
more  than  seven  hundred  and  fifty-nine 
permanent  positions         ....      3,274,518  00 

Wrentham  state  school,  including  not  more 
than  five  hundred  and  fourteen  permanent 
positions 2,519,135  00 

Myles  Standish  state  school,  including  not 
more  than  five  hundred  and  two  perma- 
nent positions 2,297,505  00 

Gushing  hospital,  for  the  purpose  of  caring 
for  elderly  persons,  as  authorized  by  chap- 
ter four  hundred  and  sixty-nine  of  the  acts 
of  nineteen  hundred  and  fiftj'^-four  .       1,014,580  00 

Total $43,989,814  00 


Total,  Department  of  Mental  Health     .  $45,637,051  00 


Service  of  the  Department  of  Correction. 

1801-01     For  the  salary  of  the  commissioner  $8,000  00 

1801-02  For  administration,  including  not  more  than 
forty-three  permanent  positions ;  provided, 
that  the  persons  employed  under  the  divi- 
sion of  classification  of  prisoners  shall  not 
be  subject  to  the  civil  service  laws  and 
rules 212,205  00 


688 


Acts,  1955. —  Chap.  706. 


Item 


1801-21 


1802-01 


Non-Contributory  Pensions: 

For  the  compensation  of  certain  prison  of- 
ficers and  instructors  formerly  in  the  serv- 
ice of  the  commonwealth,  now  retired,  prior 
appropriation  continued  .  .  .         $22,500  00 

For  the  operation  of  prison  camps,  as  author- 
ized by  chapter  seven  hundred  and  fifty- 
five  of  the  acts  of  nineteen  hundred  and 
fifty-one,  including  not  more  than  twenty- 
four  permanent  positions,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
1801-05  of  section  two  of  chapter  four  hun- 
dred and  fifty-three  of  the  acts  of  nineteen 
hundred  and  fifty-four     .         .         .         .  94,175  00 

Total $336,880  00 


Parole  Board. 

1805-01     For  the  service  of  the  board,  including  not 

more  than  forty  permanent  positions  .        $213,040  00 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  following  institutions 
under  the  control  of  the  department  of  cor- 
rection: 

1810-01  State  farm,  including  not  more  than  four 
hundred  and  nineteen  permanent  posi- 
tions       $2,299,970  00 

1812-01  State  prison,  including  not  more  than  one 
hundred  and  eighty-nine  permanent  posi- 
tions .         .         ...         .       1,275,020  00 

1814-01  Massachusetts  reformatory,  including  not 
more  than  two  hundred  and  twenty  perma- 
nent positions 1,228,775  00 

1816-01  Reformatory  for  women,  including  not  more 
than  one  hundred  and  thirty-eight  perma- 
nent positions         .....         709,415  00 

1818-01  State  prison  colony,  including  not  more  than 
two  hundred  and  thirty-seven  permanent 
positions 1,337,770  00 

Total $6,850,950  00 

Total,  Department  of  Correction  .         .    $7,400,870  00 


Service  of  the  Department  of  Public  Welfare. 


1901-01  For  the  salary  of  the  commissioner 
1901-03  For  administration  of  the  program  of  old  age 
assistance  provided  by  chapter  one  hundred 
and  eighteen  A  of  the  General  Laws,  and 
for  the  office  of  the  commissioner  and  ex- 
penses of  the  department  of  public  welfare, 
including  not  more  than  five  hundred  and 
forty-seven  permanent  positions;  pro- 
vided, that  the  comptroller  shall  transfer 
to  the  General  Fund  the  sum  of  seven  hun- 
dred and  twentj'^-three  thousand  two  hun- 
dred and  twenty-one  dollars  from  the  Old 
Age  Assistance  Fund;    and,  further  pro- 


$10,000  00 


Acts,  1955.  — Chap.  706. 


689 


Item 


1901-04 


vided,  that  any  revenue  resulting  from 
the  administration  of  old  age  assistance 
shall  be  credited  to  the  Old  Age  Assistance 

Fund $2,410,735  00 

For  administrative  cost  of  a  program  for  total 
and  permanent  disability  assistance  and 
for  payments  made  in  accordance  with  sec- 
tion three  of  chapter  one  himdred  and 
eighteen  D  of  the  General  Laws        .  .  90,000  00 

Total $2,510,735  00 


Division  of  Child  Guardianship. 

1906-04  For  the  care  and  maintenance  of  children 
under  the  jurisdiction  of  the  division  of 
child  guardianship,  prior  appropriation 
continued       ...... 


$3,092,500  00 


Tewksbury  State  Hospital  and  Infirmary. 

1919-00  For  the  maintenance  of  the  Tewksbury  state 
hospital  and  infirmary,  including  not  more 
than  seven  hundred  and  seven  permanent 
positions         ...... 


$3,091,910  00 


Total,  Department  of  Public  Welfare     .    $8,695,145  00 


Service  of  the  Department  of  Public  Health. 

Bureau  of  Administration. 

2001-01     For  the  salary  of  the  commissioner  .  $12,500  00 

2001-02  For  the  service  of  the  bureau  of  administra- 
tion, including  not  more  than  thirty-six 
permanent  positions         ....         169,363  00 

Total $181,863  00 


Bureau  of  Environmental  Sanitation. 

2002-01  For  the  service  of  the  bureau,  including  not 
more  than  one  hundred  permanent  posi- 
tions     ....... 


$559,350  00 


Bureau  of  Preventive  Disease  Control. 

2003-01  For  the  service  of  the  bureau  of  preventive 
disease  control  and  for  the  operation  of  cer- 
tain clinics  in  the  out-patient  departments 
of  certain  general  hospitals,  including  not 
more  than  forty-seven  permanent  positions 


$895,156  00 


Bureau  of  Health  Services. 

2004-01  For  the  service  of  the  bureau  of  health  serv- 
ices, including  not  more  than  fifty-one  per- 
manent positions    ..... 


$373,491  00 


690 


Acts,  1955. —  Chap.  706. 


Item 
2005-01 


Bureau  of  Hospital  Facilities. 

For  the  service  of  the  bureau  of  hospital  fa- 
cilities, including  not  more  than  eighteen 
permanent  positions         .... 


$99,405  00 


Bureau  of  Tuberculosis  and  Institutions. 

2006-01  For  the  service  of  the  bureau  of  tuberculosis 
and  institutions  and  for  the  common- 
wealth's share  of  the  operation  of  certain 
tuberculosis  clinics,  including  not  more 
than  twenty-seven  permanent  positions     . 


$149,455  00 


2007-01 


2010-01 
2010-10 
2010-30 
2010-40 
2010-60 
2015-01 
2020-01 


2020-10 
2020-30 


2022-00 
2023-00 
2024-00 
2025-00 
2026-00 
2027-00 
2031-00 


Institute  of  Laboratories. 

For  the  service  of  the  institute  of  labora- 
tories, including  not  more  than  one  hun- 
dred and  twenty-four  permanent  positions       $595,483  00 

This  item  included  in  item  2006-01. 

This  item  included  in  item  2007-01. 

This  item  included  in  item  2005-01. 

This  item  included  in  item  2003-01. 

This  item  included  in  item  2003-01. 

This  item  included  in  item  2002-01. 

This  item  included  in  part  in  item  2003-01 
and  item  2004-01,  and  item  2004-01  in- 
cludes part  of  2001-02. 

This  item  mcluded  in  item  2003-01. 

This  item  included  in  item  2003-01. 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  following  institutions 
under  the  control  of  the  department  of 
public  health: 

Lakeville   state   sanatorium,    including   not 

more  than  two  hundred  and  thirty-four 

permanent  positions  ....  $930,352  00 
North  Reading  state  sanatorium,  including 

not  more  than  two  hundred  and  three  per- 
manent positions  .....  831,815  00 
Rutland  state  sanatorium,  including  not  more 

than  two  hundred  and  fifty  permanent 

positions 1,040,755  00 

Westfield    state   sanatorium,    including   not 

more  than  two  hundred  and  seventy-seven 

permanent  positions  ....  1,277,724  00 
Lemuel    Shattuck    hospital,    including    not 

more  than  five  hundred  and  seventy-four 

permanent  positions  .  .  .  .  2,825,765  00 
Massachusetts  Hospital  School,  including  not 

more  than  one  hundred  and  ninety-nine 

permanent  positions         ....  847,650  00 

PondvUle  hospital,  including  not  more  than 

two    hundred    and    forty-five    permanent 

positions 1,232,432  00 

Total $8,986,493  00 


Total,  Department  of  Public  Health      .  $11,840,696  00 


Acts,  1955.  —  Chap.  706.  691 

Service  of  the  Department  of  Public  Safety. 

Item 
2101-01     For  the  salary  of  the  commissioner       .  .  $10,000  00 

2101-02     For  administration,  including  not  more  than 

eighty-two  permanent  positions        .  343,205  00 

Total $353,205  00 

Division  of  State  Police. 

2102-04  For  expert  assistance  to  the  commissioner, 
and  for  maintenance  of  laboratories,  in- 
eluding  not  more  than  ten  permanent  posi- 
tions       $67,320  00 

Division  of  Fire  Prevention. 

2103-01     For  the  fire  prevention  service,  including  not 

more  than  twenty-five  permanent  positions       $166,035  00 

Division  of  Inspection. 

2104-01     For  administration,  including  not  more  than 

one  permanent  position    ....  $8,680  00 

2104-11  For  the  building  inspection  service,  including 
not  more  than  thirty-three  permanent 
positions 195,480  00 

2104-21  For  the  boiler  inspection  service,  including 
not  more  than  twenty-five  permanent  posi- 
tions       150,860  00 

2104-31     For  the  board  of  boiler  rules,  including  not 

more  than  four  permanent  positions  1,375  00 

Total $356,395  00 

State  Boxing  Commission. 

2105-11     For  the  service  of  the  commission,  including 

not  more  than  five  permanent  positions     .         $25,850  00 

Board  of  Standards. 

2106-01     For  the  service  of  the  board,  including  not 

more  than  seven  permanent  positions         .  $4,350  00 

Board  of  Elevator  Regulations. 

2107-01     For  the  service  of  the  board,  including  not 

more  than  seven  permanent  positions        .  $4,200  00 

Board  of  Fire  Prevention  Regulations. 

2108-01     For  the  service  of  the  board,  including  not 

more  than  six  permanent  positions    .  .  $3,600  00 

Division  of  Subversive  Activities. 

2109-01  For  the  service  of  the  division  of  subversive 
activities,  including  not  more  than  three 
permanent  positions         ....         $23,990  00 


Total,  Department  of  Public  Safety       .    $1,004,945  00 


692 


Acts,  1955. —  Chap.  706. 


Item 
2202-03 


2202-06 
2202-07 
2202-20 


2202-21 
2202-22 
2202-23 


Service  of  the  Department  of  Public  Works. 

Division  of  Waterways. 


For  administration,  including  not  more  than 
fifty-nine  permanent  positions;  provided, 
that  an  amount  equal  to  the  expenditures 
for  personal  services  properly  chargeable 
to  item  2202-05,  as  certified  by  the  director 
of  the  division,  shall  be  credited  as  revenue 
to  the  General  Fund        .... 

For  the  maintenance  and  repair  of  certain 
property  in  the  town  of  Plymouth,  includ- 
ing not  more  than  two  permanent  positions 

For  the  operation  and  maintenance  of  the 
New  Bedford  state  pier,  including  not  more 
than  four  permanent  positions 

For  the  care  and  maintenance  of  the  province 
lands  and  of  the  lands  acquired  and  struc- 
tures erected  by  the  Provincetown  tercen- 
tenary commission,  including  not  more 
than  five  permanent  positions 

This  item  included  in  item  2202-03. 

This  item  included  in  item  2202-03. 

This  item  included  in  item  2202-03. 


Total,  Department  of  Public  Works 


$282,910  00 


8,180  00 


21,680  00 


16,920  00 


$329,690  00 


Service  of  the  Department  of  Public  Utilities. 

2301-01  For  personal  services  of  the  commissioners, 
including  not  more  than  five  permanent 
positions         ...... 

2301-02  For  administration,  including  not  more  than 
seventy  permanent  positions    . 

2301-09  For  hearings  and  special  investigations;  pro- 
vided, that  no  salaries  or  expenses  of  per- 
manent employees  shall  be  chargeable  to 
this  item        ...... 

2301-11  For  the  administration  of  certain  rules  and 
regulations,  as  authorized  by  section  sev- 
enty-five E  of  chapter  one  hundred  and 
sixty-four  of  the  General  Laws,  pertaining 
to  the  construction  and  operation  of  natu- 
ral gas  pipe  lines  in  the  commonwealth     . 


Total 


$46,500  00 
375,505  00 

30,000  00 

14,925  00 
$466,930  00 


Commercial  Motor  Vehicle  Division. 

2304-01     For  the  service  of  the  division,  including  not 
more  than  thirty-two  permanent  positions 


$168,300  00 


Securities  Division. 

2308-01     For  the  service  of  the  division,  including  not 
more  than  nine  permanent  positions 

Total,  Department  of  Public  Utilities     . 


$44,450  00 
$679,680  00 


Acts,  1955.  —  Chap.  706. 


693 


Item 
2805-01 


2805-02 


Annuities  and  Payments. 

For  the  payment  of  certain  annuities  and 
pensions  of  soldiers  and  others  under  the 
provisions  of  certain  acts  and  resolves       .  $14,100  00 

For  payment  of  any  claims,  as  authorized  by 
sections  eighty-nine  and  eighty-nine  A  of 
chapter  thirty-two  of  the  General  Laws, 
for  allowances  to  the  families  of  certain  em- 
ployees killed  or  fatally  injured  in  the  dis- 
charge of  their  duties       ....  19,000  00 

Total,  Annuities  and  Payments     .  .         $33,100  00 


Non- Contributory  Pensions. 

2811-02  For  the  compensation  of  veterans  who  may 
be  retired  by  the  governor  under  the  pro- 
visions of  sections  fifty-six  to  fifty-nine, 
inclusive,  of  chapter  thirty-two  of  the 
General  Laws,  and  for  the  cost  of  medical 
examinations  in  connection  therewith; 
provided,  that  the  comptroller  shall  trans- 
fer to  the  General  Fund  the  sum  of  three 
hundred  and  forty-seven  thousand  one 
hundred  and  sixty  dollars  from  the  High- 
way Fund $1,578,000  00 

Total,  Non-Contributory  Pensions         .    $1,578,000  00 


Miscellaneous. 

2820-02  For  the  payment,  with  the  approval  of  the 
comptroller,  of  expenses  for  which  no  fimds 
or  insufficient  funds  were  allotted  or  re- 
served; provided,  that  such  expenses  were 
not  in  excess  of  the  appropriation  account 

2820-06  For  reimbursement  of  persons  for  funds  pre- 
viously deposited  in  the  treasury  of  the 
commonwealth  and  escheated  to  the  com- 
monwealth, prior  appropriation  continued. 

2820-08  For  the  payment  of  claims  for  impaid  checks, 
with  the  approval  of  the  state  treasurer  and 
certification  by  him  to  the  comptroller  of 
the  amount  due,  where  pajonent  has  other- 
wise been  prevented  as  a  result  of  the  apn 
plication  of  section  thirty-two  of  chapter 
twenty-nine  of  the  General  Laws 

Total,  Miscellaneous    .... 


$25,000  00 


1,000  00 


$26,000  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 


694 


Acts,  1955.  — Chap.  706. 


Item 


2900-01 
2900-02 


2900-04 


2900-07 


2900-08 


2900-09 


2900-12 


Code  Numbers"  approved  by  the  Joint 
Committee  on  Ways  and  Means  on  March 
second,  nineteen  hundred  and  fifty-four; 
provided,  that  the  salaries  of  all  officers  and 
employees  of  the  department  engaged  in 
projects  or  activities  relating  to  highways 
shall  be  charged  for  the  1966  fiscal  year 
in  full  to  appropriations  authorized  under 
the  heading  of  "Highivay  Activities"  in 
this  act: 

For  the  salaries  of  the  commissioner  and  the 
associate  commissioners,  including  not 
more  than  three  permanent  positions  .  $31,000  00 
For  administration  and  engineering  in  con- 
nection with  all  highway  activities,  for  the 
offices  of  the  commissioner,  department 
secretary,  personnel  officer  and  business 
agent,  including  telephone  service  in  the 
public  works  building;  and  for  the  pay- 
ment of  damages  caused  by  defects  in  state 
highways,  with  the  approval  of  the  attor- 
ney general;  and  including  not  more  than 
one  thousand  five  hundred  and  three  per- 
manent positions,  partly  chargeable  to  this 
item  and  to  other  highway  activity  ac- 
counts as  determined  by  the  commissioner, 
prior  appropriation  continued  .  .  .     12,840,780  00 

For  the  maintenance  and  repair  of  state  high- 
ways and  bridges,  traffic  signs  and  signals, 
including  traffic  safety  devices  on  town  and 
city  ways  as  the  department  may  deem 
necessary;  for  work  for  which  the  Highway 
Fund  is  reimbursed  other  than  work  in  con- 
nection with  the  projects  included  in  fed- 
eral aid  programs;  and  for  the  purchase, 
construction  and  repair  of  shelters  for  de- 
partmental equipment  and  material,  the 
cost  of  which  is  less  than  ten  thousand  dol- 
lars for  each  project,  and  including  not 
more  than  one  thousand  five  hundred  and 
seventy  permanent  positions,  prior  appro- 
priation continued  ....       9,760,000  00 

For  the  construction,  improvement  and  main- 
tenance by  the  department  of  public  works 
of  public  roads  in  state  forests,  parks  and 
reservations  outside  of  the  Metropolitan 
Parks  districts,  as  authorized  by  section 
thirteen  of  chapter  eighty-one  of  the  Gen- 
eral Laws,  prior  appropriation  continued  .  200,000  00 

For  the  cost  of  snow  and  ice  control  on  state 
highways  and  town  roads,  including  the  re- 
moval of  sand  and  other  additional  ex- 
penses in  connection  therewith,  prior  ap- 
propriation continued      ....       4,200,000  00 

For  the  construction,  improvement  and  main- 
tenance by  the  department  of  public  works 
of  public  roads  within  limits  of  property 
owned  by  the  commonwealth,  as  authorized 
by  an  act  of  the  current  year  .  .  .  300,000  00 

For  projects  for  improving  state  highways 
and  through  routes,  including  bridges,  and 
including  construction  and  reconstruction, 
it  being  the  intent  of  the  general  court  that 


Acts,  1955. —  Chap.  706.  695 


Item 


state  highways  shall  be  made  continuous 
whether  or  not  sections  to  be  made  state 
highways  require  construction  work;  for 
turnouts  or  rest  areas  within  highway 
rights  of  way,  including  contingent  ex- 
penses therefor;  and  upon  agreement  with 
city  or  town  officials,  for  construction  of 
needed  improvements  on  other  through 
routes  not  designated  as  state  highways 
and  without  acceptance  by  the  common- 
wealth of  responsibility  for  maintenance; 
provided,  that  any  portion  of  the  sum  ap- 
propriated herein  may  be  used  in  conjunc- 
tion with  city  or  town  funds,  prior  appro- 
priation contmued  ....     $2,500,000  00 

2900-36  For  the  construction  or  reconstruction  of 
state  highway  and  other  bridges,  including 
certain  bridges  placed  under  the  authority 
of  the  department  of  public  works  by  chap- 
ter si.x  hundred  and  ninety  of  the  acts  of 
nineteen  hundred  and  forty-five  and  by 
chapter  four  hundred  and  eighty-two  of  the 
acts  of  nineteen  hundred  and  forty-eight; 
provided,  that  sums  herein  appropriated 
may  be  used,  upon  agreement  with  city  or 
town  officials,  in  conjunction  with  city  or 
town  funds  without  acceptance  by  the  com- 
monwealth of  responsibility  for  mainte- 
nance, prior  appropriation  continued  .       1,000,000  00 

2900-38  For  expenses  in  connection  with  research  and 
investigational  work  to  be  done  on  a  co- 
operative basis  with  the  Massachusetts  In- 
stitute of  Technology,  appropriation  ex- 
pires June  thirtieth,  nineteen  hundred  and 
fifty-seven 30,000  00 

2900-41  For  stream  clearance  projects  as  authorized 
by  sections  one  to  four,  inclusive,  of  chap- 
ter five  hundred  and  thirteen  of  the  acts  of 
nineteen  hundred  and  thirty-nine,  prior 
appropriation  continued  .  .  .  100,000  00 

2900-48  For  the  construction  of  ten  foremen's  section 
garages,  including  the  cost  of  furnishings 
and  equipment  and  the  purchase  of  land, 
appropriation  expires  June  thirtieth,  nine- 
teen hundred  and  fifty-seven    .  .  .  750,000  00 

2900-49  For  the  construction  of  a  maintenance  depot 
in  Charlestown,  including  the  cost  of  fur- 
nishings and  equipment,  appropriation  ex- 
pires June  thirtieth,  nineteen  hundred  and 
fifty-seven 200,000  00 

2900-50     This  item  omitted. 

2900-55  The  e.xistence  of  the  public  works  stores  and 
equipment  account,  established  by  items 
2900-50  and  2900-55  of  section  two  of 
chapter  sixty-eight  of  the  acts  of  nineteen 
hundred  and  forty-three,  is  hereby  con- 
tinued for  the  year  nineteen  hundred  and 
fifty-six  under  the  terms  and  conditions 
prescribed  by  said  items  of  said  chapter 
sixty-eight;  provided,  that  the  total 
amount  to  be  expended  for  capital  outlay 
for  the  purchase  of  equipment  from  this 
account  in  the  year  nineteen  hundred  and 
fifty-six  shall  not  exceed  one  million  dollars. 


696 


Acts,  1955.  — Chap.  706. 


Item 
2900-61 


2900-80 


For  the  compensation  of  former  employees  of 
the  department  of  public  works,  now  re- 
tired, as  authorized  bj'-  chapter  four  hun- 
dred and  three  of  the  acts  of  nineteen  hun- 
dred and  forty-eight,  as  amended  by  chap- 
ter four  hundred  and  forty-one  of  the  acts 
of  nineteen  hundred  and  fifty-three  . 

For  the  operation  and  maintenance  of  the 
public  works  building,  including  not  more 
than  eighty-three  permanent  positions 


$36,540  00 
382,355  00 


Total,  Department  of  Public  Works       .  $32,320,675  00 


2924-01 


Service  of  the  Registry  of  Motor  Vehicles. 

For  the  service  of  the  registry,  including  not 
more  than  eight  hundred  and  thirty-two 
permanent  positions  ..... 


Total,  Registry  of  Motor  Vehicles 


$4,490,790  00 
$4,490,790  00 


Service  of  the  Department  of  Public  Safety. 

Division  of  State  Police. 

2926-01  For  the  service  of  the  division,  including  not 
more  than  five  hundred  and  thirty-one 
permanent  positions         ....     $3,215,592  00 

2926-07  For  certain  further  improvements  in  the 
state-wide  radio  communication  system, 
prior  appropriation  continued,  expires  June 
thirtieth,  nineteen  hundred  and  fifty-seven  66,000  00 

2926-11  For  the  compensation  of  state  police  officers 
formerly  in  the  service  of  the  common- 
wealth, now  retired  ....  54,245  00 

2926-18    This  item  postponed. 

The  comptroller  is  hereby  authorized  to  trans- 
fer to  the  Highway  Fund  the  sum  of  six 
hundred  and  thirty-seven  thousand  one 
hundred  and  sixty-seven  dollars  from  the 
General  Fund  and  the  sum  of  thirty  thou- 
sand dollars  from  the  Old  Age  Assistance 
Fund  on  account  of  the  expenditures  under 
the  division  of  state  police. 

Total,  Department  of  Public  Safety       .    $3,335,837  00 


Service  of  the  Metropolitan  District  Commission. 

The  following  items  are  to  be  paid  with  the 
approval  of  the  Metropolitan  District  Com- 


2931-01  For  general  administration,  including  not 
more  than  sixty-sLx  permanent  positions; 
provided,  that  the  comptroller  shall  trans- 
fer to  the  Highway  Fund  seventy-five  per 
cent  of  the  cost  of  payments  made  under 
this  item  from  the  Metropolitan  District 
Commission  Funds,  to  be  assessed  by 
methods  fixed  by  law      .... 


$311,320  00 


Acts,  1955.  — Chap.  706.  697 

Item 

2931-06  For  the  maintenance  of  boulevards  and  park- 
ways, including  the  installation  of  traffic 
lights  and  including  Bunker  Hill  and  the 
property  adjacent,  and  for  the  maintenance 
of  parks  reservations  and  the  Charles  River 
basin,  including  the  retirement  of  metro- 
politan police  and  veterans  under  the  pro- 
visions of  the  General  Laws,  and  including 
not  more  than  nine  hundred  and  nineteen 
permanent  positions;  provided,  that  the 
comptroller  shall  transfer  to  the  Highway 
Fund  proportions  of  pajTnents  made  under 
this  item,  as  provided  by  section  fifty-five 
of  chapter  ninety -two  of  the  General  Laws; 
and,  provided  further,  that  notwithstand- 
ing any  other  provision  of  law  to  the  con- 
trary, there  shall  be  included  a  payment  of 
twenty  dollars  and  seventy  cents  for  a  cer- 
tain prior-year  salary  earned  but  not  paid    $5,931,260  00 

2931-32    This  item  included  in  item  2931-06. 


Total,  Metropolitan  District  Commission    $6,242,680  00 


APPROPRIATIONS   MADE   FROM   THE   PORT   OF   BOSTON 

FUND. 

Service  of  the  Port  of  Boston  Commission. 

3140-01  For  expenses  of  administration,  including  not 
more  than  thirty-seven  permanent  posi- 
tions; provided,  that  no  compensation  or 
expenses  of  consultants  for  legal  services 
shall  be  chargeable  to  this  item  .        $208,975  00 

3150-01  For  the  operation  and  maintenance  of  prop- 
erty under  the  control  of  the  commission, 
including  not  more  than  sixty-five  perma- 
nent positions 300,400  00 

Total,  Port  of  Boston  Commission         ,       $509,375  00 


APPROPRIATIONS  MADE  FROM  THE  INLAND  FISHERIES 
AND   GAME  FUND. 

Service  of  the  Department  of  Natural  Resources. 

Division  of  Fisheries  and  Game.  (It  is 
hereby  provided  that  federal  funds  received 
as  reimbursements  under  the  following 
items  are  to  be  credited  as  income  to  the 
Inland  Fisheries  and  Game  Fund): 

3304-01     For  the  service  of  the  division,  including  not 

more  than  ten  permanent  positions  .  $101,500  00 

3304-06    For  expenses  of  the  board,  as  authorized  by 

chapter  twenty-one  of  the  General  Laws  .  2,500  00 

3304-31  For  expenses  of  game  farms  and  fish  hatch- 
eries, including  not  more  than  sixty-six 
permanent  positions         ....  516,135  00 

3304-42  For  the  improvement  and  management  of 
lakes,  ponds  and  rivers,  including  not  more 
than  three  permanent  positions  119,303  00 

3304-44  For  the  contribution  of  the  department  of 
natural  resources  towards  a  wild  life  co- 


698 


Acts,  1955. —  Chap.  706. 


Item 


3304-45 


3304-47 


3304-51 


3304-63 


operative  research  project,  in  accordance 
with  a  contract  with  the  federal  govern- 
ment, to  be  expended  by  the  University  of 
Massachusetts $6,250  00 

For  the  establishment  and  maintenance  of 
public  fishing  grounds,  including  not  more 
than  one  permanent  position;  provided, 
that  none  of  the  money  appropriated  imder 
this  item  shall  be  used  for  the  purchase  of 
land 10,625  00 

For  certain  stream  surveys  and  inventory 
work,  as  authorized  by  chapter  two  hun- 
dred and  seven  of  the  acts  of  nineteen 
hundred  and  fifty-one,  including  not  more 
than  one  permanent  position;  provided, 
that  the  comptroller  shall  transfer  to  the 
Inland  Fisheries  and  Game  Fund  the  sum 
of  six  thousand  dollars  from  the  General 
Fund 51,330  00 

For  wild  life  research  and  management,  in- 
cluding not  more  than  sixteen  permanent 
positions         .         .         .  .  107,815  00 

For  expenses  of  establishing  and  conducting 
wild  life  restoration  projects,  as  authorized 
by  chapter  three  hundred  and  ninety-two 
of  the  acts  of  nineteen  hundred  and  thirty- 
eight,  including  not  more  than  sixteen  per- 
manent positions    .....  145,135  00 

Total $1,060,593  00 


Division  of  Law  Enforcement. 

3308-05  For  the  payment  of  damages  caused  by  wild 
deer  and  wUd  moose,  prior  appropriation 
continued,  including  not  more  than  one 
permanent  jjosition  ....  $13,770  00 

3308-07  For  the  supervision  of  public  fishing  and  hunt- 
ing grounds    ......  8,400  00 

Total $22,170  00 

Total,  Department  of  Natural  Resources    $1,082,763  00 


APPROPRIATIONS  MADE  FROM  THE  VETERANS'  SERVICES 

FUND. 

Service  of  the  Conunissioner  of  Veterans'  Services. 

3501-01  For  personal  services  of  the  commissioner  and 
deputies,  including  not  more  than  three 
permanent  positions         ....  $19,845  00 

3501-02  For  the  office  of  the  commissioner,  including 
not  more  than  eighty-three  permanent 
positions 345,785  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  .  75,000  00 

Total,  Commissioner  of  Veterans'  Serv- 
ices   $440,630  00 


Acts,  1955.  — Chap.  706. 


699 


Item 
3504-21 

3504-25 


Service  of  the  Adjutant  General. 

For  the  operation  of  the  war  records  project, 

so-called,  including  not  more  than  eight 

permanent  positions         ....  $24,360  00 

For   expenses   of  the   United  Spanish  War 

veterans,  as  authorized  by  section  sixteen 

of  chapter  thirty-three  of  the  General  Laws  1,500  00 

Total,  Adjutant  General       .  .  .         $25,860  00 


Service  of  the  Soldiers'  Home  in  Massachusetts. 


3506-01  For  the  maintenance  of  the  Soldiers'  Home 
in  Massachusetts,  including  not  more  than 
five  hundred  and  seventy-six  permanent 
positions        ...... 


$2,464,230  00 


Total,  Soldiers'  Home  in  Massachusetts    $2,464,230  00 


Service  of  the  Soldiers'  Home  in  Holyoke. 

3508-01  For  the  maintenance  of  the  Soldiers'  Home 
in  Holyoke,  including  not  more  than 
eighty-four  permanent  positions 


Total,  Soldiers'  Home  in  Holyoke 


$827,500  00 
$827,500  00 


Service  of  the  State  Housing  Board. 

3510-01  For  the  service  of  the  board,  including  not 
more  than  thirteen  permanent  positions; 
provided,  that  all  compensation  and  ex- 
penses for  legal  services  shall  be  by  direc- 
tion and  under  the  control  of  the  attorney 
general  ...... 

Total,  State  Housing  Board 


$323,675  00 
$323,675  00 


Service  of  the  Veterans'  Bonus  Commission. 

3511-01  For  personal  services  and  other  expenses  of 
the  commission  in  connection  with  the  pay- 
ment of  the  veterans'  bonus,  so-called,  as 
authorized  by  chapter  four  hundred  and 
forty  of  the  acts  of  nineteen  hundred  and 
fifty-three;  provided,  that  requisitions  for 
persons  to  be  employed  under  the  provi- 
sions of  this  item  shall  be  issued  under  the 
provisions  of  chapter  thirty  for  periods  not 
to  exceed  six  months  and  may  from  time  to 
time  be  renewed  for  like  periods 


Total,  Veterans'  BonuB  Commission 


$148,800  00 
$148,800  00 


700  Acts,  1955. —  Chap.  706. 


Service  of  the  Department  of  the  Treasurer 
and  Receiver-General. 

Item 

3512-13  For  making  payments  to  soldiers  in  recog- 
nition of  service  during  World  War  I  and 
the  Spanish  War,  as  provided  by  law         .  $750  00 


Total,  Department  of  the  Treasurer  and 

Receiver-General      ....  $750  00 


Service  of  the  Department  of  the  Auditor. 

3513-01  For  an  audit  of  certain  housing  authorities, 
as  authorized  by  chapter  six  hundred  and 
eighty-two  of  the  acts  of  nineteen  hundred 
and  forty-nine $73,150  00 


Total,  Department  of  the  Auditor  .         $73,150  00 


Service  of  the  Department  of  the  Attorney  General. 

3514-01  For  the  cost  of  providing  certain  legal  assist- 
ance for  the  benefit  of  veterans,  their  wives 
and  dependents $18,940  00 


Total,  Department  of  the  Attorney  Gen- 
eral          $18,940  00 


Service  of  the  Department  of  Education. 

3516-01  For  assistance  to  children  of  certain  war  vet- 
erans, prior  appropriation  continued,  as 
authorized  by  section  seven  B  of  chapter 
sixty-nine  of  the  General  Laws  and  cor- 
responding provisions  of  earlier  laws  .  $81,000  00 

3516-22     For  certain  educational  services  to  certain 

war  veterans  .  .  .  .  .  60,170  00 


Total,  Department  of  Education  .  $141,170  00 


Service  of  the  Department  of  Labor  and  Industries. 

Division  of  Apprentice  Training. 

3520-01  For  the  service  of  the  division,  including  not 
more  than  thirty-seven  permanent  posi- 
tions; provided,  that  all  of  the  positions  of 
this  division,  with  the  exception  of  the  head 
clerk,  shall  not  be  subject  to  chapter  thirty- 
one  of  the  General  Laws;  and,  provided 
further,  that  the  comptroller  shall  transfer 
to  the  Veterans'  Services  Fund  the  sum  of 
seventy-eight  thousand  nine  hundred  and 
fifty-seven  dollars  from  the  General  Fund        $157,913  00 

Total,  Department  of  Labor  and  Indus- 
tries         $157,913  00 


Acts,  1955.  —  Chap.  706.  701 


APPROPRIATIONS  PAYABLE  FROM   REVENUE  CREDITED 
TO  THE  OLD  AGE  ASSISTANCE  FUND. 

Service  of  the  Department  of  Public  Welfare. 

Item 
3601-20     For  payments  on  account  of  old  age  assist- 
ance grants  made  in  accordance  with  sec- 
tion one  C  of  chapter  one  hundred  and 
eighteen  A  of  the  General  Laws  .  $75,000  00 


Total,  Department  of  Public  Welfare     .         $75,000  00 


Service  of  the  Alcoholic  Beverag'es  Control  Commission. 

3604-01  For  the  service  of  the  commission,  including 
not  more  than  sixty-five  permanent  posi- 
tions     .......        $339,060  00 


Total,  Alcoholic  Beverages  Control  Com- 
mission    $339,060  00 


Service  of  the  State  Racing  Commission. 

3605-01  For  the  service  of  the  commission,  including 
not  more  than  eleven  permanent  positions; 
provided,  that  fees  paid  to  veterinarians 
for  services  in  connection  with  horse  racing 
shall  not  exceed  twenty-five  dollars  per 
diem,  and  in  connection  with  dog  racing, 
shall  not  exceed  twenty  dollars  per  diem  .        $145,570  00 


Total,  State  Racing  Commission   .  .        $145,570  00 


APPROPRIATION    PAYABLE    FROM    THE    AGRICULTURAL 
PURPOSES  FUND. 

Service  of  the  Department  of  Agriculture. 

Division  of  Plant  Pest  Control  and  Fairs. 

3809-21  For  state  prizes  and  agricultural  exhibits,  in- 
cluding allotment  of  funds  for  the  4 — H 
activitie.s,  including  not  more  than  one  per- 
manent position      .....  $93,645  00 


Total,  Department  of  Agriculture  .         $93,645  00 


APPROPRIATIONS  PAYABLE  FROM  THE  MOSQUITO  CON- 
TROL FUND. 

Service  of  the  State  Reclamation  Board. 

3901-00  For  the  maintenance  and  construction  of 
drainage  ditches,  as  authorized  by  chapter 
three  hundred  and  seventy-nine  of  the  acts 
of  nineteen  hundred  and  thirty,  as  amended 
by  section  one  of  chapter  two  hundred  and 
fifty  of  the  acta  of  nineteen  hundred  and 
thirty-five,  to  be  assessed  in  the  calendar 
year  nineteen  hundred  and  fifty-five  .  $66,870  00 


702  Acts,  1955. —  Chap.  706. 

Item 
3915-00  For  the  maintenance  and  construction  of 
drainage  ditches,  as  authorized  by  chapter 
four  hundred  and  fifty-six  of  the  acts  of 
nineteen  hundred  and  forty-five,  as 
amended  by  chapter  seven  hundred  and 
thirty-four  of  the  acts  of  nineteen  hundred 
and  fifty,  to  be  assessed  in  the  calendar 
year  nineteen  hundred  and  fifty-five  .         $54,890  00 


Total,  State  Reclamation  Board    .         .       $121,760  00 


APPROPRIATION  PAYABLE  FROM  THE  PARKS  AND  SALIS- 
BURY BEACH  RESERVATION  FUND. 

Service  of  the  Department  of  Natural  Resources. 

Division  of  Forests  and  Parks. 

4010-01  For  the  service  of  the  bureau  of  recreation, 
including  not  more  than  sixty-seven  perma- 
nent positions;  provided,  that  the  comp- 
troller shall  transfer  to  the  Parks  and 
Salisbury  Beach  Reservation  Fund  the  sum 
of  fifty-one  thousand  dollars  from  the  Gen- 
eral Fund $450,735  00 


Total,  Department  of  Natural  Resources       $450,735  00 


Service  of  the  Department  of  Public  Works. 

4050-01  For  the  service  of  the  division  of  public 
beaches,  including  not  more  than  two  per- 
manent positions     .....  $16,110  00 

4050-02  For  the  maintenance  of  Salisbury  beach  res- 
ervation, including  not  more  than  three 
permanent  positions         ....  117,290  00 

4050-03  For  the  operation  of  the  bathhouse  and  serv- 
ices connected  therewith  at  the  province 
lands 32,680  00 


Total,  Department  of  Public  Works      .       $166,080  00 


APPROPRIATION  PAYABLE  FROM  THE  SMOKE  INSPECTION 

FUND. 

Service  of  the  Department  of  Public  Health. 

Division  of  Smoke  Inspection. 

4311-01     For  the  service  of  the  division,  including  not 

more  than  nine  permanent  positions  .  $46,713  00 

Total,  Department  of  Public  Health      .         $46,713  00 


APPROPRIATIONS  PAYABLE  FROM   THE  PRISON   INDUS- 
TRIES FUND, 

Service  of  the  Department  of  Con-ection. 

4901-01  For  salaries  of  persons  employed  in  the  de- 
partment of  correction  in  certain  super- 
visory and  administrative  work  in  prison 


Acts,  1955.  — Chap.  706.  703 


Item 


industries,  including  not  more  than  six 
permanent  positions;  provided,  that  of  the 
amount  herein  appropriated,  the  propor- 
tions properly  chargeable  to  the  prison  in- 
dustries fund  at  the  Massachusetts  re- 
formatory, the  reformatory  for  women,  the 
state  prison  and  the  state  prison  colony 
shall  be  determined  by  the  comptroller     .  $31,860  00 

4910-02  For  salaries  of  persons  employed  in  indus- 
tries at  the  Massachusetts  reformatory,  in- 
cluding not  more  than  twenty-six  perma- 
nent positions  112,300  00 

4920-02  For  salaries  of  persons  employed  in  industries 
at  the  reformatory  for  women,  including 
not  more  than  twelve  permanent  positions  50,315  00 

4930-02  For  salaries  of  persons  employed  in  industries 
at  the  state  prison,  including  not  more  than 
twenty-five  permanent  positions        .  .  103,105  00 

4940-02  For  salaries  of  persons  employed  in  industries 
at  the  state  prison  colonj^,  including  not 
more  than  twenty-seven  permanent  posi- 
tions      117,210  00 


Total,  Department  of  Correction  .         .       $414,790  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 

8601-23  For  projects  and  improvements  in  connection 
with  the  development  of  certain  recreation 
areas,  prior  appropriation  continued  .        $200,000  00 

8601-27     For  certain  payments  for  the  use  of  facilities 

of  the  museum  of  science  .  .  .  50,000  00 

8601-32  For  certain  improvements  to  the  recreation 
area  authorized  to  be  acquired  by  the  Met- 
ropolitan District  Commission  under  the 
provisions  of  chapter  six  hundred  and  twen- 
ty-six of  the  acts  of  nineteen  hundred  and 
fifty-four,  prior  appropriation  continued    .  75,000  00 

8602-37     For  the  expenses  of  holding  band  concerts     .  25,000  00 

8602-57     For  an  addition  to  the  police  station,  Charles 

River  Lower,  prior  appropriation  continued  7,000  00 

8602-58  of  section  two  of  chapter  six  hundred  and 
thirty-two  of  the  acts  of  nineteen  hundred 
and  fifty-two,  as  reappropriated  by  section 
two  A  of  chapter  six  hundred  and  eighty- 
seven  of  the  acts  of  nineteen  hundred  and 
fifty-four,  is  hereby  reappropriated  and 
amended  by  adding  at  the  end  thereof  the 
following  words:  "on  land  of  the  common- 
wealth on  Winthrop  Parkway  at  or  near 
Endicott  Avenue  in  the  city  of  Revere". 


704  Acts,  1955.  — Chap.  706. 

Item 

8602-65  For  certain  heating  equipment  repairs,  Nan- 
tasket,  appropriation  expires  June  thirti- 
eth, nineteen  hundred  and  fifty-seven         .  $15,000  00 

8602-82  For  the  construction  of  a  bathhouse,  Hough- 
ton's Pond,  appropriation  expires  June 
thirtieth,  nineteen  hundred  and  fifty-seven  70,000  00 

8602-84  For  certain  bathhouse  renovations.  Revere 
Beach,  appropriation  expires  June  thirti- 
eth, nineteen  hundred  and  fifty-seven         .  200,000  00 

8602-85  For  the  paving  of  the  slopes  of  the  Alewife 
Brook,  prior  appropriation  continued,  ex- 
pires June  thirtieth,  nineteen  hundred  and 
fifty-seven      .         .         .         .         .         .  50,000  00 

8602-86  For  certain  bathhouse  renovations,  Nahant 
Beach,  appropriation  expires  June  thirti- 
eth, nineteen  hundred  and  fifty-seven  150,000  00 

8602-88  For  the  enlargement  of  the  club  house  and 
for  certain  miscellaneous  improvements, 
Ponkapoag  Golf  Club,  appropriation  ex- 
pires June  thirtieth,  nineteen  hundred  and 
fifty-seven 75,000  00 

8602-89  For  the  construction  of  a  bathhouse,  Tenean 
Beach,  appropriation  expires  June  thirti- 
eth, nineteen  hundred  and  fifty-seven        .  60,000  00 


Total,  Metropolitan  Parks,  General       .       $977,000  00 


Metropolitan  Sewerage,  North  System. 

8702-00  For  the  maintenance  and  operation  of  a  sys- 
tem of  sewage  disposal  for  the  north  met- 
ropolitan sewerage  district,  including  re- 
tirement of  veterans  under  the  provisions 
of  the  General  Laws,  and  including  not 
more  than  three  hundred  and  seventeen 
permanent  positions  for  the  north  and 
south  systems,  partly  chargeable  to  this 
item  and  to  item  8807-00.        .  .    $1,112,030  00 

8702-10  For  the  payment  to  Percival  H.  Mosher,  as 
authorized  by  chapter  one  hundred  and  one 
of  the  resolves  of  nineteen  hundred  and 
fifty-four;  provided,  that  a  sum  equal  to 
the  paj^ments  under  this  item  shall  be  as- 
sessed upon  the  north  and  south  metropoli- 
tan sewerage  districts  according  to  methods 
fixed  by  law  .  .  .  .  .  .  1,500  00 

8702-25  For  the  purchase  and  installation  of  a  diesel 
pumping  unit,  Charlestown,  appropriation 
expires  June  thirtieth,  nineteen  hundred 
and  fifty-seven 135,000  00 


Total,    Metropolitan    Sewerage,    North 

System $1,248,530  00 


Metropolitan  Sewerage,  South  System. 

8807-00  For  the  maintenance  and  operation  of  the 
system  of  sewage  disposal  for  the  south 
metropolitan  sewerage  district,  including 
retirement  of  veterans  under  the  provisions 
of  the  General  Laws,  and  including  certain 
permanent  positions  as  enumerated  in  item 
8702-00 $1,012,200  00 


Acts,  1955.  — Chap.  706.  705 

Item 

8807-22  For  the  purchase  and  installation  of  a  diesel 
pumping  unit,  Quiney,  appropriation  ex- 
pires June  thirtieth,  nineteen  hundred  and 
fifty-seven $50,000  00 

8807-23  For  the  purchase  and  installation  of  a  diesel 
pumping  unit,  Braintree-Weymouth,  ap- 
propriation expires  June  thirtieth,  nineteen 
hundred  and  fifty-seven  ....  50,000  00 

Total,    Metropolitan    Sewerage,    South 

System $1,112,200  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-nine 
permanent  positions         ....     $3,069,640  00 

8902-28  For  the  purchase  and  installation  of  meters, 
Chicopee  line,  appropriation  expires  June 
thirtieth,  nineteen  hundred  and  fifty-seven  7,000  00 

8902-29  For  certain  repairs,  Quabbin  Aqueduct,  shaft 
two,  appropriation  expires  June  thirtieth, 
nineteen  hundred  and  fifty-seven       .  .  10,000  00 

8902-34  For  the  construction  of  additions  and  im- 
provements to  certain  supply  and  distri- 
bution mains,  prior  appropriation  con- 
tinued, expires  June  thirtieth,  nineteen 
hundred  and  fifty-seven  ....  100,000  00 

8902-35  For  certain  repairs  to  the  pumping  systern, 
Sudbury,  appropriation  expires  June  thirti- 
eth, nineteen  hundred  and  fifty-seven         .  2,500  00 

8902-38  For  the  replacement  of  certain  water  meter 
registers,  prior  appropriation  continued, 
expires  June  thirtieth,  nineteen  hundred 
and  fifty-seven 19,000  00 

8902-42  For  certain  repairs  to  Echo  Bridge,  Sudbury, 
appropriation  expires  June  thirtieth,  nine- 
teen hundred  and  fifty-seven    .  .  .  20,000  00 

8902-44  For  the  purchase  and  installation  of  certain 
diesel  pumping  equipment,  appropriation 
expires  June  thirtieth,  nineteen  hundred 
and  fifty-seven        .  .  .  .      ,   .  80,000  00 

8902-81  For  the  construction  of  a  garage  and  main- 
tenance building,  Clinton,  appropriation 
expires  June  thirtieth,  nineteen  hundred 
and  fifty-seven 50,000  00 

Total,  Metropolitan  Water  System         .    $3,358,140  00 


LOCAL  AID   APPROPRIATIONS. 

The  following  appropriations  are  for  reim- 
bursements and  grants  to  local  governments 
and  for  certain  other  purposes,  and  are  to 
be  in  addition  to  any  unexpended  balance 
of  appropriations  heretofore  made  for  the 
purpose: 


706  Acts,  1955. —  Chap.  706. 

appropriations  made  from  the  general  fund. 

Service  of  the  Judiciary. 

Superior  Court. 
Item 

2603-01  For  reimbursing  certain  counties  for  compen- 
sation of  certain  special  justices  for  services 
in  holding  sessions  of  district  courts  in  place 
of  the  justice,  while  sitting  in  the  superior 
court $6,000  00 

Suffolk  County  Court  House. 

2603-02  For  reimbursing  the  city  of  Boston  for  thirty 
per  cent  of  the  cost  of  maintenance  of  the 
Suffolk  county  court  housCj  as  provided 
by  and  subject  to  the  conditions  of  section 
six  of  chapter  four  hundred  and  seventy- 
four  of  the  acts  of  nineteen  himdred  and 
thirty-five;  provided,  that  this  appropria- 
tion shall  not  be  construed  as  fixing  the 
specific  amount  for  which  the  common- 
wealth shall  be  liable  on  account  of  said 
maintenance  ......         185,000  00 


Total,  Judiciary $191,000  00 


Boards  and  Commissions  serving  under  Governor  and  Council. 

Rent  Control  Agency. 

2604-01  For  the  reimbursement  of  cities  and  towns, 
as  provided  by  section  four  of  chapter  four 
hundred  and  thirty-four  of  the  acts  of  nine- 
teen hundred  and  fifty-three  as  continued 
by  chapter  two  hundred  and  twenty-five 
of  the  acts  of  the  current  year  .  .  $75,000  00 

Service  of  the  State  Housing  Board. 

2604-02  For  the  reimbursement  of  housing  authori- 
ties, as  authorized  by  chapter  six  hundred 
and  sixty-eight  of  the  acts  of  nineteen 
hundred  and  fifty-three;  provided,  that 
the  unexpended  balance  in  item  2820-15 
of  section  two  of  chapter  six  himdred  and 
seventy-five  of  the  acts  of  nineteen  hun- 
dred and  fifty-three  is  hereby  reappro- 
priated  and  made  available  for  the  pur- 
poses of  this  item. 


Total,  Boards  and  Commissions  serving 

under  Governor  and  Council      .  .  $75,000  00 


Service  of  the  Department  of  Agriculture. 

Division  of  Livestock  Disease  Control. 

2609-01     For  the  reimbursement  of  certain  towns  for 

compensation  paid  to  inspectors  of  animals  $5,000  00 


Total,  Department  of  Agriculture  .  $5,000  00 


Acts,  1955. —  Chap.  706.  707 


Service  of  the  Department  of  Natural  Resources. 

Division  of  Forests  and  Parks. 
Item 

2610-01  For  aiding  towns  in  the  purchase  of  equip- 
ment for  extinguishing  forest  fires,  as  pro- 
vided by  section  eleven  of  chapter  fortj'  of 
the  General  Laws    .  .  .  .  .  $1,000  00 

2610-02  For  reimbursement  to  certain  towns  for  ex- 
tinguishing forest  fires     ....  1,000  00 

2610-03  For  the  reimbursement  to  cities  and  towns  of 
a  proportion  of  their  expenses  for  the  sup- 
pression of  insect  pests,  as  provided  by 
law 3,000  00 

Total 15,000  00 

Division  of  Marine  Fisheries. 

2610-04  For  the  reimbursement  to  certain  coastal 
cities  and  towns  of  a  part  of  the  cost  of 
projects  for  the  suppression  of  enemies  of 
shellfish  and  for  propagation,  as  authorized 
by  section  twenty  of  chapter  one  hundred 
and  thirty  of  the  General  Laws;  provided, 
that  the  expenditure  by  said  cities  and 
towns  of  funds  herein  provided  shall  not 
be  subject  to  appropriation  as  required  by 
section  fifty-three  of  chapter  forty-four  of 
the  General  Laws $20,000  00 

2610-06     For  bounties  on  seals  ....  400  00 


Total $20,400  00 


Total,  Department  of  Natural  Resources  $25,400  00 


Service  of  the  Department  of  Corporations  and  Taxation. 

Reimbursement  for  Loss  of  Taxes. 

2612-01  For  reimbursing  cities  and  towns  for  loss  of 
taxes  on  land  used  for  state  institutions 
and  certain  other  state  activities,  as  certi- 
fied by  the  commissioner  of  corporations 
and  taxation  for  the  calendar  year  nineteen 
hundred  and  fifty-five,  and  for  the  reim- 
bursement of  certain  towns  as  authorized 
by  section  seventeen  B  of  chapter  fifty- 
eight  of  the  General  Laws;  provided,  that 
the  commissioner  shall  not  include  in  any 
distribution  under  this  item  any  amounts 
on  account  of  land  not  included  in  such 
distributions  prior  to  January  one,  nine- 
teen hundred  and  fiftj'',  unless  specifically 
so  authorized  by  legislative  act  .  .        $600,000  00 

2612-02  For  the  reimbursement  of  cities  and  towns 
for  abatements  granted,  as  provided  by 
chapter  five  hundred  of  the  acts  of  nineteen 
hundred  and  fifty-one      ....  40,000  00 

Total $640,000  00 


Total,  Department  of  Corporations  and 
Taxation $640,000  GO 


708  Acts,  1955.  — Chap.  706. 


Service  of  the  Department  of  Education. 
Item 

2613-01  For  reimbursement  to  cities  and  towns  of  a 
portion  of  the  cost  of  a  program  for  ex- 
tended school  services  for  certain  children 
of  certain  employed  mothers,  as  authorized 
by  sections  twentj^-six  A  to  twenty-six  F, 
inclusive,  of  chapter  seventy-one  of  the 
General  Laws  .  .  .  .  .  $12,500  00 

2613-02  For  the  reimbursement  of  certain  cities  and 
towns  for  sight  saving  classes,  as  provided 
by  law 25,000  00 

2613-03  For  assisting  small  towns  in  providing  them- 
selves with  school  superintendents,  as  pro- 
vided by  law 185,000  00 

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         .  .  .       3,000,000  00 

2613-05  For  the  reimbursement  of  certain  cities  and 
towns  for  a  part  of  the  expenses  of  main- 
taining agricultural  and  industrial  voca- 
tional schools,  as  provided  by  law     .  .       3,990,041  00 

2613-06     For  reimbursement  of  certain  cities  and  towns 

for  adult  English-speaking  classes     .  .  95,000  00 

2613-07  For  the  reimbursement  of  certain  towns  for 
the  transportation  of  pupils,  as  authorized 
by  section  eight  A  of  chapter  seventy-four 
of  the  General  Laws;  provided,  that  a  sum 
equivalent  to  the  payments  under  this  item 
shall  be  transferred  to  the  General  Fund 
from  the  receipts  of  the  income  tax  .  .  89,410  00 

Total $7,396,951  00 

School  Building  Assistance  Commission. 

2613-08  For  reimbursement  of  certain  cities  and  towns 
for  part  of  the  cost  of  construction  of  school 
projects,  as  authorized  by  chapter  six  hun- 
dred and  forty-five  of  the  acts  of  nineteen 
hundred  and  forty-eight  as  amended;  pro- 
vided, that  a  sum  equivalent  to  the  pay- 
ments under  this  item  shall  be  transferred 
to  the  General  Fund  from  the  receipts  of 
the  income  tax $4,000,000  00 

School  Lunch  and  Commodity  Distribution  Program. 

2613-09  For  the  reimbursement  of  cities  and  towns  for 
partial  assistance  in  the  furnishing  of 
lunches  to  school  children,  as  authorized 
by  chapter  five  hundred  and  thirty-eight  of 
the  acts  of  nineteen  hundred  and  fifty-one; 
provided,  that  notwithstanding  any  pro- 
visions of  law  to  the  contrary,  reimburse- 
ments 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,  provided 
further,  that  a  sum  equivalent  to  the  pay- 
ments under  this  item  shall  be  transferred 
to  the  General  Fund  from  the  receipts  of 
the  income  tax $1,486,540  00 


Acts,  1955. —  Chap.  706. 


Education  of  Deaf  and  Blind  Pupils. 
Item 

2613-10  For  the  reimbursement  of  certain  cities  and 
towns  for  day  classes  of  the  deaf,  as  pro- 
vided by  section  twenty-eight  of  chapter 
sixty-nine  of  the  General  Laws  .  .  $45,000  00 

Teachers'  Retirevient  Board. 

2613-1 1     For  reimbursement  of  certain  cities  and  towns 

for  pensions  to  retired  teachers         .         .    $1,650,000  00 

Youth  Service  Board. 

2613-12  For  reimbursement  of  cities  and  towns  for 
tuition  of  children  attending  the  public 
schools $15,000  00 


Total,  Department  of  Education  .  .  $14,593,491  00 


Service  of  the  Department  of  Public  Welfare. 

2619-01  For  the  payment  of  suitable  aid  to  certain  de- 
pendent children $6,325,000  00 

2619-02     For  the  burial  by  cities  and  towns  of  indigent 

persons  who  have  no  legal  settlement         .  6,000  00 

2619-03  For  expenses  in  connection  with  smallpox  and 
other  diseases  dangerous  to  the  public 
health   .         ...         .         .         .         350,000  00 

2619-04    For  the  support  of  sick  indigent  persons  who 

have  no  legal  settlement  .  .  .  450,000  00 

2619-05  For  temporary  aid  given  by  cities  and  towns 
to  indigent  persons  with  no  legal  settle- 
ment, and  to  shipwrecked  seamen,  and  for 
the  transportation  of  indigent  persons  un- 
der the  charge  of  the  department      .  .       1,700,000  00 

2619-06  For  the  reimbursement  of  cities  and  towns 
for  total  and  permanent  disability  assist- 
ance, as  provided  by  chapter  one  hundred 
and  eighteen  D  of  the  General  Laws  .      4,340,000  00 


Total $13,171,000  00 


Division  of  Child  Guardianship. 

2619-07  For  tuition  in  the  public  schools,  including 
transportation  to  and  from  school,  of  chil- 
dren boarded  by  the  department,  for  the 
twelve  months  ending  June  thirtieth,  nine- 
teen hundred  and  fifty-five       .         .         .       $600,000  00 


Total,  Department  of  Public  Welfare     .  $13,771,000  00 


Service  of  the  Department  of  Public  Health. 

Bureau  of  Tuberculosis  and  Institutions. 

2620-01     For  the  payment  of  subsidies  for  tubercular 

patients  in  certain  hospitals      .  .  .        $400,000  00 


Total,  Department  of  Public  Health       .        $400,000  00 


710  Acts,  1955. —  Chap.  706. 

appropriations  made  from  the  highway  fund. 

Service  of  the  Department  of  Public  Works. 

Highway  Activities. 
Item 

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: 

2900-17  For  projects  for  the  construction  and  main- 
tenance of  town  and  county  ways,  as  pro- 
vided in  subdivision  two  (a)  of  section 
thirty-four  of  chapter  ninety  of  the  Gen- 
eral Laws;  provided,  that  amounts  made 
available  by  this  item  in  any  fiscal  year 
shall  be  available  for  expenditure  in  the 
succeeding  fiscal  year;  and,  further  pro- 
vided, that  not  less  than  three  hundred 
thousand  dollars  of  the  sum  herein  appro- 
priated shall  be  available  for  maintenance 
projects  on  said  town  and  county  ways     .     $7,000,000  00 

2900-18  For  aiding  cities  and  towns  in  the  repair  and 
improvement  of  public  ways,  as  provided 
by  section  twenty-six  of  chapter  eighty-one 
of  the  General  Laws;  except,  that  the 
state's  contribution  shall  be  at  an  annual 
rate  not  to  exceed  two  hundred  and  sev- 
enty-five dollars  per  mile  for  the  calendar 
year  nineteen  hundred  and  fifty-six,  the 
provisions  of  chapter  six  hundred  and 
eighty-nine  of  the  acts  of  nineteen  hundred 
and  forty-five  and  chapter  seven  hundred 
and  six  of  the  acts  of  nineteen  hundred  and 
forty-nine  notwithstanding;  and,  pro- 
vided, that  the  amount  appropriated  for 
the  purpose  in  any  fiscal  year  shall  be  avail- 
able for  expenditure  in  the  succeeding  fiscal 
year 2,600,000  00 


Total,  Department  of  Public  Works       .     $9,600,000  00 


APPROPRIATIONS  MADE  FROM  THE  VETERANS'  SERVICES 

FUND. 

Service  of  the  Commissioner  of  Veterans'  Services. 

3526-01  For  reimbursing  cities  and  towns  for  money 
paid  for  veterans'  benefits,  as  provided  in 
section  six  of  chapter  one  himdred  and  fif- 
teen of  the  General  Laws  .  .  .     $4,000,000  00 

3526-02  For  reimbursing  cities  and  towns  for  money 
paid  on  account  of  war  allowance,  state  and 
military  aid  and  soldiers'  relief  to  certain 
residents  of  the  commonwealth  and  their 
dependents,  as  authorized  by  chapter 
eleven  of  the  acts  of  the  special  session  of 
nineteen  hundred  and  forty-two. 


Total,  Commissioner  of  Veterans'  Serv- 
ices          $4,000,000  00 


Acts,  1955.  — Chap.  706.  711 


Service  of  the  State  Housing  Board. 

Item 

3526-03  For  reimbursement  to  certain  cities  and 
towns,  as  provided  by  chapter  two  hundred 
of  the  acts  of  nineteen  hundred  and  forty- 
eight,  as  amended  .....    $3,280,000  00 


Total,  State  Housing  Board  .         .    $3,280,000  00 


Service  of  the  Department  of  Education. 

3526-05  For  the  payment  of  retu-ement  assessments 
of  teachers  formerly  in  military  or  naval 
service,  as  authorized  by  section  nine  of 
chapter  seven  hundred  and  eight  of  the 
acts  of  nineteen  hundred  and  forty-one,  as 
amended. 


APPROPRIATIONS  PAYABLE  FROM   REVENUE  CREDITED 
TO  THE  OLD   AGE  ASSISTANCE  FUND. 

Service  of  the  Department  of  Public  Welfare. 

3626-01     For  reimbursement  to  cities  and  towns  for 

old  age  assistance,  as  provided  by  law        .  $30,400,000  00 

3626-02  Notwithstanding  the  provisions  of  section 
ten  of  chapter  sixty-four  B  of  the  General 
Laws  regulating  payments  from  receipts 
under  said  chapter  to  cities  and  towns, 
heretofore  made  without  appropriation,  a 
sum  not  exceeding  one  million  dollars  is 
hereby  appropriated  from  the  Old  Age 
Assistance  Fund  for  such  payments,  and 
the  total  amounts  to  be  paid  by  the  state 
treasurer  on  or  before  November  twen- 
tieth, nineteen  hundred  and  fifty-five,  from 
the  sum  herein  appropriated,  shall  be  not 
less  than  one  million  dollars  .  .       1,000,000  00 


Total,  Department  of  Public  Welfare     .  $31,400,000  00 

DEBT   SERVICE   APPROPRIATIONS. 
APPROPRIATIONS  MADE  FROM  THE  GENERAL  FUND. 

Interest  and  Redemption  of  Debt. 

2410-00  For  the  payment  of  interest  on  the  direct 
debt  of  the  commonwealth,  to  be  in  addi- 
tion to  the  amounts  appropriated  in  items 
2951-00,  3180-02  and  3590-02,  prior  ap- 
propriation continued      ....     $2,042,629  00 

2420-00  For  certain  serial  bonds  maturing,  to  be  in 
addition  to  the  amounts  appropriated  in 
items  2952-00,  3180-01  and  3590-03,  prior 
appropriation  continued  ....     10,230,809  00 

Total,  Interest  and  Redemption  of  Debt  $12,273,438  00 


712  Acts,  1955. —  Chap.  706. 


APPROPRIATIONS  MADE  FROM  THE  HIGHWAY  FUND. 

Interest  and  Redemption  of  Debt. 

Item 

2951-00  For  the  payment  of  interest  on  the  direct  debt 
of  the  commonwealth,  to  be  in  addition  to 
the  amounts  appropriated  in  items  2410-00, 
3180-02  and  3590-02,  prior  appropriation 
continued .    $4,127,140  00 

2952-00  For  certain  serial  bonds  maturing,  to  be  in 
addition  to  the  amounts  appropriated  in 
items  2420-00,  3180-01  and  3590-03,  prior 
appropriation  continued  ....     14,168,380  00 

Total,  Interest  and  Redemption  of  Debt  $18,295,520  00 


APPROPRIATIONS    MADE   FROM    THE    PORT   OF    BOSTON 

FUND. 

Interest  and  Redemption  of  Debt. 

3180-01  For  certain  serial  bonds  maturing,  to  be  in 
addition  to  the  amounts  appropriated  in 
items  2420-00,  2952-00  and  3590-03,  prior 
appropriation  continued  ....        $969,000  00 

3180-02  For  the  payment  of  interest  on  the  direct 
debt  of  the  commonwealth,  to  be  in  addi- 
tion to  the  amounts  appropriated  in  items 
2410-00,  2951-00  and  3590-02,  prior  ap- 
propriation continued       ....  295.511  00 

Total,  Interest  and  Redemption  of  Debt    $1,264,511  00 


APPROPRIATIONS  MADE  FROM  THE  VETERANS'  SERVICES 

FUND. 

Interest  and  Redemption  of  Debt. 

3590-02  For  the  payment  of  interest  on  the  direct  debt 
of  the  commonwealth,  to  be  in  addition  to 
the  amounts  appropriated  in  items  2410-00, 
2951-00  and  3180-02,  prior  appropriation 
continued $425,700  00 

3590-03  For  certain  serial  bonds  maturing,  to  be  in 
addition  to  the  amounts  appropriated  in 
items  2420-00,  2952-00  and  3180-01,  prior 
appropriation  continued  ....       5,595,316  00 


Total,  Interest  and  Redemption  of  Debt    $6,021,016  00 


Section  2A.  For  the  purpose  of  making  available  for 
expenditure  in  the  i&scal  year  nineteen  hundred  and  fifty- 
six  certain  balances  of  appropriations  which  otherwise  would 
revert  on  June  thirtieth,  nineteen  hundred  and  fifty-five, 


Acts,  1955. —  Chap.  706. 


713 


the  unexpended  balances   of  the  items  shown  below  are 
hereby  reappropriated: 


0110-20 
0401-31 
0450-22 
0493-02 
1330-23 
1331-22 
1383-21 
1391-01 
1710-22 
1715-21 
1716-21 
1716-22 
1716-23 
1719-24 
1720-23 
1722-21 
1722-24 
1722-26 
1723-23 
1724-23 
1724-24 
1814-21 


1919-28 
2023-23 
2301-25 
2900-10 
293 1-m 
2931-12 
2931-25 
2931-44 
2931-52 
2931-53 
2931-56 
2931-59 
2931-61 
2931-65 
8601-05 
8601-08 
8601-11 
8601-24 
8601-25 
8601-28 
8601-31 


8602-08 
8602-11 
8602-14 
8602-15 
8602-19 
8602-35 
8602-36 
8602-39 
8602-41 
8602-42 
8602-61 
8602-68 
8602-99 
8702-21 
8702-22 
8702-23 
8902-22 
8902-37 
8902-55 
8902-58 
8902-75 


Section  2B.  For  the  purpose  of  making  available  for 
expenditure  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  unexpended  balances  of  the  items  shown  below 
are  hereby  made  available  for  expenditure  until  June  thirti- 
eth, nineteen  hundred  and  fifty-seven. 


7918-07 

7918-36 

7918-56 

7918-17 

7918-50 

7918-67 

7918-33 

Section  3.  Wherever,  in  section  two  of  this  act,  it  is 
provided  that  transfers  shall  be  made  from  a  fund,  account 
or  receipts,  of  a  specific  sum,  a  percentage  of  payments,  or 
a  sum  equivalent  to  payments,  such  transfers  of  a  specific 
sum  shall  be  made  upon  the  effective  date  of  this  act,  and 
all  others  shall  be  made  quarterly  unless  otherwise  provided; 
except,  that  at  the  close  of  a  fiscal  year,  the  amount  equiva- 
lent to  payments  in  a  continuing  account  shall  be  construed 
to  mean  the  amount  of  such  appropriation. 

Section  4.  No  moneys  appropriated  under  this  act  shall 
be  expended  for  reimbursement  for  the  expenses  of  meals  for 
persons  while  traveUng  within  or   ^vithout   the  common- 


714  Acts,  1955.  —  Chap.  706. 

wealth  at  the  expense  thereof,  unless  such  reimbursement  is 
in  accordance  with  rules  and  rates  established  in  accordance 
with  section  twenty-eight  of  chapter  seven  of  the  General 
Laws. 

Section  5.  The  allowance  to  state  employees  for  ex- 
penses incurred  by  them  in  the  operation  of  motor  vehicles 
owned  by  them  and  used  in  the  performance  of  their  official 
duties  shall  not  exceed  seven  cents  a  mile. 

No  payment  shall  be  made  or  obligation  incurred  for  the 
garaging  of  any  passenger  vehicle  owned  by  the  common- 
wealth and  operated  by  an  employee  thereof  as  transporta- 
tion from  his  place  or  places  of  employment  to  the  vicinity 
of  his  residence,  and  no  payment  shall  be  made  or  obUga- 
tion  incurred  for  the  garaging  of  any  motor  vehicle  in  private 
garages  under  any  circumstances  except  upon  prior  approval 
by  the  commission  on  administration  and  finance. 

Section  6.  Amounts  included  for  permanent  positions  in 
sums  appropriated  in  section  two  for  personal  services  are 
based  upon  schedules  of  permanent  positions  and  salary 
rates  as  approved  by  the  joint  committee  on  ways  and  means, 
and,  except  as  otherwise  shown  by  the  files  of  said  committee, 
a  copy  of  which  shall  be  deposited  with  the  division  of 
personnel  and  standardization,  no  part  of  sums  so  appropri- 
ated 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  pay- 
ments on  account  of  any  change  of  salary  range  or  compensa- 
tion of  any  permanent  position,  notmthstanding  any  special 
or  general  act  to  the  contrary;  provided,  that  no  vacancy 
occurring  in  any  permanent  position  included  in  said  sched- 
ules of  permanent  positions,  excepting  in  the  services  of  the 
legislature  or  the  judiciary,  or  of  institutions  under  the 
jurisdiction  of  the  departments  of  mental  health,  correc- 
tion, 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  sub- 
ject 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-six  shall  be  available  for  the 
pajrment  of  such  other  forms  of  compensation  as  may  be 
due  under  existing  statutes,  or  under  the  provisions  of  rules 
and  regulations  made  in  accordance  with  said  statutes. 

Section  8.  All  federal  subventions  and  grants  available 
to  the  commonwealth  under  any  act  of  congress  and  not 
otherwise  authorized  to  be  received  shall  be  paid  into  the 
treasury  of  the  commonwealth;  provided,  however,  that 
appUcations  for  such  subventions  and  grants,  and  for  trans- 
fers within  such  subventions  and  grants,  shall  be  subject  to 
the  approval  of  the  commission  on  administration  and  fi- 
nance.   All  federal  subventions  and  grants  received  by  the 


Acts,  1955.  — Chap.  706.  715 

commonwealth  may  be  expended  without  specific  appropria- 
tion if  such  expenditures  are  otherwise  in  accordance  with 
law.  All  income,  including  federal  subventions  and  grants, 
received  by  the  commonwealth  from  or  on  account  of  vet- 
erans in  payment  for  veterans'  services,  shall  be  credited  to 
the  veterans'  services  fund. 

Section  9.  Notwithstanding  the  provisions  of  section 
fifty-one  of  chapter  thirty  of  the  General  Laws,  or  any  other 
provision  of  law,  the  state  purchasing  agent  is  hereby  au- 
thorized during  the  fiscal  year  nineteen  hundred  and  fifty- 
six  to  incur  liabilities  and  incidental  expenses  for  the  pur- 
chase of  suppHes,  as  provided  by  said  section  fifty-one, 
including  material  to  be  disposed  of  as  surplus,  so-called, 
by  the  federal  government  through  agencies  of  the  federal 
government,  in  an  amount  not  exceeding  three  hundred  and 
fifty  thousand  dollars,  in  addition  to  any  amount  heretofore 
provided  for  the  purpose,  and  the  comptroller  may  certify 
for  payment  such  incidental  expenses  and  liabiHties  so  in- 
curred to  an  amount  not  exceeding  three  hundred  and  fifty 
thousand  dollars,  in  addition  to  any  amount  heretofore 
provided  for  the  purpose. 

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

Section  11.  As  of  June  thirtieth,  nineteen  hundred  and 
fifty-six,  the  comptroller  is  authorized  to  transfer  from  the 
Highway  Fund  to  the  General  Fund  the  sum  of  five  hundred 
and  twenty-seven  thousand  dollars  on  account  of  Highway 
Fund  expenditures  authorized  in  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred  and  fifty-four. 

Section  12.  As  of  June  thirtieth,  nineteen  hundred  and 
fifty-six,  the  comptroller  shall  charge  the  surplus  account  of 
the  General  Fund  with  the  amounts  of  the  deficits  in  the 
Port  of  Boston  Fund,  Veterans'  Services  Fund  and  the  Old 
Age  Assistance  Fund. 

Section  13.  The  effective  date  of  the  appropriation  ac- 
counts, subsidiary  accounts  and  authorizations  in  section 
two  of  this  act  shall  be  July  first,  nineteen  hundred  and  fiftj'- 
five.  However,  beginning  June  first,  nineteen  hundred  and 
fifty-five,  obUgations  may  be  incurred  against  these  appro- 
priation accounts  or  subsidiary  accounts,  if  any,  thereunder, 
for  items  to  be  delivered  or  for  services  to  be  rendered  on 
and  after  July  first,  nineteen  hundred  and  fifty-five;  pro- 
vided, they  are  in  accordance  ^vith  law  and  the  amounts 
thereof  do  not  exceed  the  amount  of  the  appropriation  ac- 
count or  subsidiary  account.  Where  the  allotment  of  an 
appropriation  account  or  subsidiary  account  is  a  condition 
precedent  to  expenditure,  the  obhgations  shall  not  exceed 
the  amount  allotted  for  said  appropriation  account  or  sub- 


716  Acts,  1955. —  Chap.  707. 

sidiary  account.  The  certified  copies  of  the  schedules  as 
provided  for  in  section  twenty-seven  of  chapter  twenty-nine 
of  the  General  Laws  shall  be  filed  with  the  comptroller  and 
the  budget  commissioner  to  permit  the  effective  operation 
of  this  section  on  June  first,  nineteen  hundred  and  fifty-five. 
Where  the  allotment  of  an  appropriation  account  or  sub- 
sidiary account  is  required  by  law,  allotments  shall  be  made 
to  permit  the  effective  operation  of  this  section  on  June  first, 
nineteen  hundred  and  fifty-five. 

Section  14.  The  budget  commissioner  is  hereby  directed 
to  send  a  copy  of  sections  three  to  thirteen,  inclusive,  of  this 
act  to  each  departmental,  divisional  and  institutional  head 
immediately  following  the  passage  of  this  act. 

Section  15.  Sections  one  to  twelve  of  this  act  shall  take 
effect  on  July  first,  nineteen  hundred  and  fifty-five,  sections 
thirteen  and  fourteen  shall  take  effect  upon  the  passage  of 
this  act.  Approved  August  24,  1965. 


Chap. 7 07  An  Act  to  provide  funds  for  state  activities  by  con- 
tinuing CERTAIN  TAXES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  There  is  hereby  imposed  upon  all  domestic 
manufacturing  corporations,  foreign  manufacturing  corpora- 
tions, domestic  business  corporations  and  foreign  corpora- 
tions, as  defined  in  chapter  sixty-three  of  the  General  Laws, 
as  amended,  in  addition  to  the  taxes  levied  under  the  provi- 
sions of  sections  thirty  to  fifty-one,  inclusive,  of  said  chapter 
sixty-three  and  all  acts  in  amendment  thereof  and  in  addi- 
tion thereto,  and  in  addition  to  the  taxes  imposed  upon  such 
corporations  under  section  nine  of  chapter  seven  hundred 
and  twenty-nine  of  the  acts  of  nineteen  hundred  and  forty- 
one,  an  additional  excise  tax  equal  to  three  per  cent  of  the 
net  income  of  each  such  corporation  determined  to  be  tax- 
able in  accordance  with  the  provisions  of  said  chapter  sixty- 
three;  provided,  that  the  tax  imposed  by  this  section  shall 
not  apply  to  corporations  taxable  under  section  thirty- 
eight  B  of  said  chapter  sixty-three.  All  provisions  of  law 
relative  to  the  assessment,  payment,  collection  and  abate- 
ment of  the  taxes  imposed  under  said  chapter  sixty-three 
upon  corporations  taxable  hereunder  shall  apply  to  the  addi- 
tional taxes  herein  imposed.  This  section  shall  apply  only 
to  taxes  levied  in  or  on  account  of  the  calendar  year  nineteen 
hundred  and  fifty-six.  The  surtaxes  imposed  under  section 
nine  of  chapter  seven  hundred  and  twenty-nine  of  the  acts 
of  nineteen  hundred  and  forty-one  shall  apply  to  the  taxes 
imposed  by  this  section. 

Section  2.  There  is  hereby  imposed,  in  addition  to  the 
taxes  levied  under  subsection  (6)  of  section  five  of  chapter 
sixty-two  of  the  General  Laws,  upon  income  derived  from 
professions,  employments,  trade  or  business,  and  all  acts  in 
amendment  thereof  and  in  addition  thereto,  and  in  addition 


Acts,  1955. —  Chap.  707.  717 

to  any  surtaxes,  an  additional  tax  equal  to  one  per  cent  of 
such  income.  All  provisions  of  law  relative  to  the  assess- 
ment, payment,  collection  and  abatement  of  the  taxes  im- 
posed under  said  chapter  sixty-two  shall  apply  to  the  addi- 
tional taxes  herein  imposed.  This  section  shall  apply  only 
to  income  received  in  the  calendar  year  nineteen  hundred 
and  fifty-five.  The  surtaxes  imposed  under  section  nine  of 
chapter  seven  hundred  and  twenty-nine  of  the  acts  of  nine- 
teen hundred  and  forty-one  shall  apply  to  the  taxes  imposed 
by  this  section. 

Section  3.  There  is  hereby  imposed  in  addition  to  the 
taxes  levied  under  subsection  (c)  of  section  five  of  chapter 
sixty-two  of  the  General  Laws,  upon  the  excess  of  gains  over 
losses  received  by  the  taxpayer  from  purchases  or  sales  of 
intangible  personal  property,  whether  or  not  said  taxpayer 
is  engaged  in  the  business  of  dealing  in  such  property,  and 
all  acts  in  amendment  thereof  and  in  addition  thereto,  and 
in  addition  to  any  surtaxes,  an  additional  tax  equal  to  three 
per  cent  of  such  income.  All  provisions  of  law  relative  to 
the  assessment,  payment,  collection  and  abatement  of  the 
taxes  imposed  under  said  chapter  sixty-two  shall  apply  to 
the  additional  taxes  herein  imposed.  This  section  shall  apply 
only  to  income  received  in  the  calendar  year  nineteen  hun- 
dred and  fifty-five.  The  surtaxes  imposed  under  section 
nine  of  chapter  seven  hundred  and  twenty-nine  of  the  acts 
of  nineteen  hundred  and  forty-one  shall  apply  to  the  taxes 
imposed  by  this  section. 

Section  4.  Notwithstanding  the  provision  of  section 
forty-eight  of  chapter  sixty-three  of  the  General  Laws,  or 
any  other  provision  of  law  to  the  contrary,  all  taxes  required 
to  be  paid  thereunder  or  in  connection  therewith  shall,  ex- 
cept as  otherwise  provided  by  section  seventy-six,  be  due 
and  payable  in  advance  of  assessment  at  the  time  when  the 
tax  return  is  required  to  be  filed.  Notwithstanding  the  pro- 
visions of  section  three  of  chapter  sixty-three  A  of  the 
General  Laws,  or  any  other  provision  of  law  to  the  contrary, 
all  taxes  required  to  be  paid  thereunder  or  in  connection 
therewith  shall  be  due  and  payable  in  advance  of  assessment 
at  the  time  when  the  tax  return  is  required  to  be  filed.  This 
section  shall  apply  only  to  such  taxes  collected  or  collectible 
during  the  calendar  year  nineteen  hundred  and  fifty-six. 

Section  5.  There  is  hereby  imposed,  in  addition  to  the 
taxes  levied  under  the  provisions  of  chapter  sixty-two  of  the 
General  Laws,  and  all  acts  in  amendment  thereof  and  in 
addition  thereto,  and  taxes  levied  under  the  provisions  of 
sections  thirty  to  sixty,  inclusive,  of  chapter  sixty-three  of 
the  General  Laws,  and  all  acts  in  amendment  thereof  and 
in  addition  thereto,  an  additional  tax  equal  to  twenty  per 
cent  of  the  taxes  assessed  under  the  provisions  of  said  sec- 
tions, acts  and  chapters  in  or  on  account  of  the  calendar 
year  nineteen  hundred  and  fifty-six,  and  all  provisions  of  law 
relative  to  the  assessment,  payment,  collection  and  abate- 
ment of  the  said  taxes  shall  apply  to  the  taxes  imposed  by 


718  Acts,  1955. —  Chap.  707. 

this  section.  This  additional  tax  shall  apply  also  to  taxes 
levied  under  sections  one,  two  and  three  of  this  act. 

Section  6.  All  property  subject  to  a  legacy  and  succes- 
sion tax  under  the  provisions  of  chapter  sixty-five  of  the 
General  Laws,  and  of  any  further  amendments  thereof  or 
additions  thereto,  shall  be  subject  to  an  additional  tax  of 
twenty  per  cent  of  all  taxes  imposed  by  said  provisions  with 
respect  to  property  or  interests  therein  passing  or  accruing 
upon  the  death  of  persons  who  died  durmg  the  period  begin- 
ning January  first,  nineteen  hundred  and  fifty-six,  and  end- 
ing December  thirty-first,  nineteen  hundred  and  fifty-six. 
All  provisions  of  law  relative  to  the  determination,  certifica- 
tion, payment,  collection  and  abatement  of  such  legacy  and 
succession  taxes  shall  apply  to  the  additional  taxes  imposed 
by  this  section. 

Section  7.  There  is  hereby  imposed,  in  addition  to  the 
taxes  levied  under  the  provisions  of  chapter  sixty-three  A 
of  the  General  Laws,  and  all  acts  in  amendment  thereof 
and  in  addition  thereto,  an  additional  tax  equal  to  twenty 
per  cent  of  the  taxes  assessed  under  the  provisions  of  said 
chapter  and  acts  in  or  on  account  of  the  calendar  year  nine- 
teen hundred  and  fifty-six,  and  all  provisions  of  law  relative 
to  the  assessment,  payment,  collection  and  abatement  of 
the  said  taxes  shall  apply  to  the  taxes  imposed  by  this 
section. 

Section  8.  Notwithstanding  the  provisions  of  section 
two  of  chapter  sixty-three  of  the  General  Laws,  as  most 
recently  amended  by  section  three  of  chapter  five  hundred 
and  nine  of  the  acts  of  nineteen  hundred  and  forty-one,  every 
bank  taxed  thereunder  shall  pay  a  tax  assessed  in  the  calendar 
year  nineteen  hundred  and  fifty-six  measured  by  its  net  in- 
come, as  defined  in  section  one  of  said  chapter  sixty-three 
at  the  rate  assessed  upon  other  financial  corporations;  pro- 
vided, that  such  rate  shall  not  be  higher  than  the  highest  of 
the  rates  assessed  upon  mercantile  and  business  corporations 
doing  business  in  the  commonwealth,  and  provided,  further, 
that  such  rates  shall  not  be  higher  than  eight  per  cent. 
During  the  period  that  the  provisions  of  this  section  are  in 
effect,  trust  companies  having  a  savings  department  shall 
not  be  subject  to  the  excise  imposed  by  section  eleven  of 
said  chapter  sixty-three,  nor  to  the  requirements  of  sections 
eleven  to  sixteen,  inclusive,  of  said  chapter  sixty-three. 

Section  9.  Notwithstanding  the  provisions  of  section 
twenty-two  of  chapter  sixty-three  of  the  General  Laws,  as 
most  recently  amended  by  section  one  of  chapter  three  hun- 
dred and  eighty-seven  of  the  acts  of  nineteen  hundred  and 
forty-six  and  in  lieu  thereof,  every  domestic  insurance  com- 
pany coming  within  the  scope  of  the  definition  of  a  domestic 
company  in  section  one  of  chapter  one  hundred  and  seventy- 
five  of  the  General  Laws,  except  life  insurance  companies 
with  respect  to  business  taxable  under  section  twenty,  and 
marine,  or  fire  and  marine,  insurance  companies  with  respect 
to  business  taxable  under  section  twenty-nine  A,  shall  pay 


Acts,  1955.  —  Chap.  707.  719 

for  the  year  nineteen  hundred  and  fifty-six  an  excise  of  two 
per  cent  upon  the  gross  premiums  for  all  policies  written  or 
renewed,  all  additional  premiums  charged,  and  all  assess- 
ments made  by  such  company  on  policyholders  during  the 
preceding  calendar  year,  exclusive  of  reinsurance;  but  such 
premiums  and  assessments  for  policies  written  or  renewed 
for  insurance,  exclusive  of  reinsurance,  of  property  or  in- 
terests in  other  states  or  countries  where  a  tax  is  actually 
paid  by  such  company,  or  its  agents,  shall  not  be  so  taxed. 

Section  10.  If  any  part,  section  or  subsection  of  this  act 
or  the  application  thereof  shall  be  held  to  be  invalid  or 
unconstitutional,  such  invaliditj^  or  unconstitutionality  shall 
not  be  construed  to  affect  the  validity  or  constitutionality 
of  any  of  the  remaining  provisions  of  said  sections  or  the 
application  of  such  provisions  to  persons  or  circumstances 
other  than  those  as  to  which  it  is  held  invalid.  It  is  hereby 
declared  to  be  the  legislative  intent  that  said  sections  would 
have  been  adopted  had  such  invalid  or  unconstitutional  pro- 
visions not  been  included  therein. 

Section  U.  In  addition  to  the  excise  tax  imposed  by 
chapter  sixty-four  C  of  the  General  Laws,  and  in  addition 
to  the  additional  excise  tax  imposed  by  section  nine  of 
chapter  seven  hundred  and  thirty-one  of  the  acts  of  nineteen 
hundred  and  forty-five,  there  is  hereby  imposed  a  further 
additional  excise  tax  of  one  half  mill  for  each  cigarette  sold, 
used,  received  as  gift  or  gifts,  or  through  exchange  or  barter 
in  the  commonwealth  during  the  one-year  period  beginning 
September  first,  nineteen  hundred  and  fifty-five,  the  same 
to  be  le\'ied  and  collected  as  provided  in  said  chapter  sixty- 
four  C,  and  the  provisions  of  said  chapter  shall  apply  to  said 
further  additional  excise  to  the  same  extent  as  to  the  normal 
excise  levied  thereunder.  All  the  provisions  of  said  chapter 
sixty-four  C  relative  to  the  collection,  verification  and  ad- 
ministration of  the  tax  thereunder  imposed  shall,  in  so  far 
as  pertinent,  be  applicable  to  the  tax  imposed  by  this  act. 
All  cigarette  taxes  paid  in  pursuance  of  this  act  and  other 
statutes  of  the  general  or  special  laws  shall  conclusively  be 
presumed  to  be  a  direct  tax  on  the  retail  consumer,  pre- 
collected  for  the  purpose  of  convenience  and  facility  only. 

Approved  August  24,  1955. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston.  August  24,  1956. 

The  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  XLVIII  of  the  amendments  to 
the  Constitution,  the  Referendum,  II,  Emergency  Measures, 
hereby  declare  that  in  my  opinion  the  immediate  preserva- 
tion of  the  public  convenience  requires  the  law  entitled  "An 
Act  to  provide  Funds  for  State  Activities  by  continuing 


720  Acts,  1955.  — Chap.  708. 

Certain  Taxes",  and  the  enactment  of  which  received  my 
approval  this  date  should  take  effect  forthwith. 

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

Postponement  of  the  operation  of  this  act  for  ninety  days 
would   deprive   the   Commonwealth   of  certain   temporary 
taxes  which  would  expire  within  the  said  ninety  day  period. 
Very  truly  yours, 

Christian  A.  Herter, 
Governor  of  the  Commonwealth. 

Office  of  the  Secretabt,  Boston,  August  24,  1955. 

I,  Edward  J.  Cronin,  Secretary  of  the  Commonwealth, 
hereby  certify  that  the  accompanying  statement  was  filed 
in  this  office  by  His  Excellency  the  Governor  of  the  Com- 
monwealth of  Massachusetts  at  two  o'clock  and  five  minutes, 
P.M.,  on  the  above  date,  and  in  accordance  with  Article 
Forty-eight  of  the  Amendments  to  the  Constitution  said 
chapter  takes  effect  forthwith,  being  chapter  seven  hundred 
and  seven  of  the  acts  of  nineteen  hundred  and  fifty-five. 

Edward  J.  Cronin, 
Secretary  of  the  Commonwealth. 

Chap. 7 08  An  Act  further  defining  the  rights  and  privileges 

OF   VETERANS. 

^reambfe"^  ^^ereas,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  provide  forthwith  for  cer- 
tain rights  and  privileges  for  veterans,  therefore  it  is  hereby 
declared  to  be  an  emergency  law,  necessary  for  the  im- 
mediate preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  627  of  the  acts  of  1954  is  hereby 
amended  by  striking  out  section  41  and  inserting  in  place 
thereof  the  following  section:  —  Section  4i-  The  provisions 
of  this  act  shall  not  affect  adversely  any  rights,  benefits  or 
privileges,  or  the  entitlement  to  any  rights,  benefits  or  priv- 
ileges, of  any  person  in  the  employ  of  the  commonwealth  or 
any  political  subdivision  thereof,  immediately  prior  to  the 
effective  date  of  this  act,  to  receive  such  rights,  benefits  or 
privileges. 

Section  2.  Chapter  688  of  the  acts  of  1954  is  hereby 
amended  by  adding  at  the  end  the  following  section :  —  Sec- 
tion 6.  The  provisions  of  this  act  shall  not  affect  adversely 
any  rights,  benefits  or  privileges,  or  the  entitlement  to  any 
rights,  benefits  or  privileges,  of  any  person  in  the  employ  of 
the  commonwealth  or  any  political  subdivision  thereof,  im- 
mediately prior  to  the  effective  date  of  chapter  six  hundred 
and  twenty-seven  of  the  acts  of  nineteen  hundred  and  fifty- 
four,  to  receive  such  rights,  benefits  or  privileges. 

Approved  August  21^,  1956. 


Acts,  1955. —  Chaps.  709,  710,  711.  721 


An  Act  authorizing  the  town  of  Carlisle  to  use  cer-  Chap. 709 

TAIN    PARK   land    FOR    SCHOOL   PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  town  of  Carlisle  is  hereby  authorized  to 
use  for  school  purposes  that  portion  of  Spalding  Park, 
bounded  and  described  as  follows:  —  Beginning  at  the 
northerly  corner  of  the  intersection  of  Church  and  School 
streets,  thence  along  Church  street  S.  62°  18'  00"  E.  82.95 
feet;  thence  along  Church  street  S.  56°  24'  30"  E.  124.56 
feet;  thence  along  Church  street  S.  51°  59'  00"  E.  21.92  feet; 
thence  by  land  deeded  to  the  town  of  Carlisle  by  Oscar  R. 
Spalding  S.  23°  33'  40"  W.  545.29  feet;  thence  by  land 
deeded  to  the  town  of  Carhsle  by  Samuel  Browni  N.  51°  51' 
10"  W.  198.54  feet;  thence  by  land  deeded  to  the  town  of 
Carlisle  by  WilHe  A.  and  Marie  C.  Prescott  N.  54°  52'  00"  W. 
85.17  feet;  thence  by  land  of  the  original  schoolhouse  lot 
N.  54°  21'  20"  W.  119.83  feet;  thence  along  School  street 
N.  25°  11'  10"  E.  234.74  feet;  thence  along  School  street 
N.  27°  57'  20"  E.  266.00  feet  to  the  point  of  beginning. 

The  land  described  above  comprises  4.7  acres,  more  or 
less. 

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

Approved  August  24,  1955. 


An  Act  validating  the  acts  and  proceedings  at  an  Chap. 7 10 
adjourned  annual  town  meeting  of  the  town   of 
dedham   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  Ded- 
ham at  the  adjourned  sessions  of  the  annual  town  meeting 
held  in  the  year  nineteen  hundred  and  fifty-five,  and  all  acts 
done  in  pursuance  thereof,  are  hereby  confirmed  and  made 
valid,  notwithstanding  the  inadequacies  of  the  notice  of  ad- 
journments as  required  by  section  three  of  chapter  three 
hundred  and  fifty-eight  of  the  acts  of  nineteen  hundred  and 
twenty-six,  as  amended,  to  the  same  extent  as  if  the  said 
adjourned  sessions  had  been  called,  held,  conducted  and  ad- 
journed in  strict  compliance  with  law. 

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

Approved  August  24)  1955. 


An  Act  relative  to  the  importation  of  shellfish.      Chap. 7 11 

Be  it  enacted,  etc.,  as  follows: 

Section  81  of  chapter  130  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out,  in  line  9,  as  appearing  in  section  1  ^'l;^-  g\^°; 
of  chapter  598  of  the  acts  of  1941,  the  words  ",  country  or  amended.' 


722  Acts,  1955.  —  Chaps.  712,  713,  714. 

province";  and  by  adding  after  the  word  "agents.",  in 
line  27,  as  so  appearing,  the  following  sentence :  —  In  the 
case  of  a  foreign  country  or  a  province  certification  by  the 
United  States  public  health  service  shall  be  acceptable. 

Approved  August  24,  1955. 


(^ Ik ip. 7 12  An  Act  relative  to  betterment  assessments  for  sewers 
IN  the  town  of  north  andover. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  380  of  the  acts  of  1906  is  hereby 
amended  by  inserting  after  section  8  the  following  two 
sections:  —  Section  8 A.  The  said  board  may  extend  the 
time  for  the  payment  of  such  assessments  upon  land  which 
is  not  built  upon  until  it  is  built  upon  or  for  a  fixed  time. 
Interest  at  the  rate  of  four  per  cent  per  annum  shall  be 
paid  annually  to  the  treasurer  upon  the  assessment  from 
the  time  it  was  made,  and  the  assessment  shall  be  paid  when 
the  land  is  built  upon  or  at  the  expiration  of  such  fixed  time. 

Section  8B.  Assessments  made  under  this  chapter  shall 
bear  interest  at  the  rate  of  four  per  cent  per  annum. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  a  majority  of  the  voters  of  the  town  of 
North  Andover  at  any  town  meeting  called  for  the  purpose, 
but  not  otherwise.  Approved  August  21^,  1955. 


Chap. 7 IS  ^^  AC'^  AUTHORIZING  AND  DIRECTING  THE  DEPARTMENT  OF 
PUBLIC  WORKS  TO  MAKE  CERTAIN  IMPROVEMENTS  TO  THE 
GALEN  STREET  BRIDGE  OVER  THE  CHARLES  RIVER  IN 
WATERTOWN. 

Be  it  enacted,  etc.,  as  follows: 

The  department  of  public  works  is  hereby  authorized  and 
directed  to  make  such  improvements  to  the  Galen  Street 
bridge  over  the  Charles  river  in  Watertown,  as  may  be 
necessary  to  relieve  traffic  congestion  in  Watertown  square, 
and  for  such  purpose  may  expend  such  sums  as  may  be 
appropriated  therefor,  or  such  sums  as  may  be  necessary  for 
such  purpose  from  moneys  already  appropriated  and  al- 
lotted to  it  for  highway  purposes. 

Approved  August  24,  1956. 


Chap. 7 14  A^    "^^^   PROVIDING    FOR    THE    ESTABLISHMENT    OF   A    PUBLIC 
HEALTH    CENTER   IN   THE   TO"V\TSr    OF   STOUGHTON. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Appleton  C.  Woodward,  John  W.  Wood, 
James  H.  McGarth,  Gertrude  Malcolm  and  Stephen  G. 
Burke,  all  of  the  town  of  Stoughton,  and  their  successors 


Acts,  1955. —  Chap.  714.  723 

who  shall  be  residents  of  said  town,  are  hereby  made  a  cor- 
poration by  the  name  of  Stoughton  Health  Center,  for  the 
purposes  of  establishing  and  maintaining  a  public  health 
center  for  the  use  of  the  inhabitants  of  said  town  and  others 
who  may  be  admitted  thereto  under  such  rules  and  regu- 
lations as  may  be  promulgated  by  the  trustees  thereof. 

Section  2.  Said  corporation  shall  have  authority  for  the 
purpose  aforesaid,  and  no  other,  to  hold  real  and  personal 
property  to  the  value  of  five  hundred  thousand  dollars. 

Section  3.  The  corporators  named  in  section  one  shall 
constitute  the  board  of  trustees,  and  they  shall  annually 
after  March  fifteenth  elect  from  their  own  number  a  chair- 
man of  said  board  and  the  terms  of  office  of  said  trustees  shall 
be  as  follows :  —  The  first  two  in  the  order  named  shall  hold 
for  the  term  of  three  years,  the  second  two  in  the  order 
named,  shall  hold  for  the  term  of  two  years,  and  the  fifth  of 
their  number  shall  hold  for  the  term  of  one  year  from  the 
fifteenth  day  of  March  and  they  shall  severally  hold  for  their 
respective  terms  and  until  their  successors  are  chosen,  and 
thereafter,  as  the  terms  of  office  expire,  the  town  moderator 
shall  annually  reappoint  or  appoint  before  the  fifteenth  day 
of  March,  trustees  to  fill  such  vacancies  as  may  occur,  and 
such  appointments  shall  be  for  the  term  of  three  years. 

Three  members  of  the  board  shall  constitute  a  quorum. 
Whenever  a  vacancy  shall  occur  in  the  board  of  trustees  by 
reason  of  death,  resignation  or  otherwise,  the  town  moderator 
shall  fill  the  vacancy  for  the  unexpired  term.  No  member  of 
the  board,  as  such,  shall  receive  compensation  for  his  serv- 
ices. The  town  of  Stoughton  is  hereby  authorized  and  em- 
powered to  place  in  trust  in  the  hands  of  the  trustees  of  said 
corporation  all  funds,  gifts  and  bequests  which  are  held  by 
it  in  trust  and  which  a  court  of  competent  jurisdiction  has 
decreed  may  be  used  for  the  purpose  of  estabhshing  and 
maintaining  said  health  center.  Said  corporation  shall,  upon 
the  acceptance  of  this  act  by  the  town  of  Stoughton  as  here- 
inafter provided,  receive  and  hold  all  past  and  future  be- 
quests and  gifts  that  may  be  made  for  the  maintenance  of 
said  health  center,  and  the  same  shall  be  appropriated,  held 
and  used  by  said  corporation  for  the  sole  use  and  purpose 
aforesaid  as  a  trust  in  behalf  of  and  for  the  inhabitants  of 
said  town  and  such  other  persons  as  may  be  permitted  to 
enjoy  the  benefits  of  said  health  center.  Said  trustees  shall 
render  to  the  board  of  selectmen  annually,  as  of  the  first 
of  January,  a  report  of  their  proceedings,  with  a  statement 
of  the  condition  of  the  health  center,  the  property  and  funds 
pertaining  to  the  same,  with  an  accurate  account  of  all  re- 
ceipts and  expenditures,  together  with  such  other  informa- 
tion as  they  may  deem  desirable,  which  report  shall  be  pub- 
lished by  the  board  of  selectmen  in  the  annual  town  report. 

Section  4.  Said  trustees  shall  appoint  from  their  own 
number  a  treasurer,  and  shall  require  of  him  a  bond  with 
satisfactory  sureties  in  the  penal  sum  of  not  less  than  twenty- 
five  thousand  dollars  for  the  faithful  discharge  of  his  duties, 


724  Acts,  1955. —  Chap.  715. 

and  his  books  of  account  and  vouchers  shall  at  all  times  be 
open  to  the  trustees  aforesaid,  or  any  one  of  them.  The 
trustees  shall  also  appoint  from  their  own  number  a  board 
of  audit  and  control  of  not  less  than  three,  who  shall  examine 
all  bills  and  pay  rolls,  and  no  such  bills  or  pay  rolls  shall  be 
paid  by  the  treasurer  unless  approved  by  a  majority  of  said 
board. 

Section  5.  The  trustees  shall  appoint  a  clerk  whose  duty 
it  shall  be  to  keep  a  full  and  fair  record  of  the  proceedings 
of  the  board,  and  to  discharge  such  other  duties  as  they  shall 
from  time  to  time  prescribe.  The  compensation  of  the 
treasurer  and  clerk,  if  any,  shall  be  fixed  by  the  board  of 
trustees. 

Section  6.  The  trustees  shall  have  power  to  elect  such 
other  officers  as  they  may  from  time  to  time  think  necessary 
or  expedient,  and  to  determine  and  fix  the  tenure  of  their 
offices,  to  remove  any  trustee  who  shall  be  incapable  through 
age,  removal  from  the  town,  infirmity  or  otherwise  for  the 
discharge  of  his  duties  as  said  trustee,  or  who  by  unreason- 
able absence  from  the  meetings  of  the  board  shall  fail  to  dis- 
charge the  duties  of  his  office,  and  generally  to  do  all  acts 
and  things  necessary  or  expedient  to  be  done  for  the  purpose 
of  carrying  into  full  effect  the  provisions  and  purposes  of 
this  act. 

Section  7.  It  shall  be  the  duty  of  the  trustees  to  safely 
and  securely  invest,  or  to  hold  invested,  any  trust  funds 
which  may  become  available  for  the  use  in  the  establishment 
or  maintenance  of  said  health  center. 

Section  8.  The  corporation  hereby  created,  acting 
through  its  trustees  and  proper  officers,  shall  be  deemed  to 
be  the  agent  of  said  town  of  Stoughton  for  the  proper  execu- 
tion of  all  trusts  placed  by  said  town  in  the  hands  of  the 
trustees. 

Section  9.  The  board  of  trustees  may  let  or  lease  for  not 
more  than  ten  years,  on  such  terms  as  they  may  determine, 
any  part  or  parts  of  said  health  center. 

Section  10.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  a  majority  of  the  town  meeting  members  of  the 
town  of  Stoughton  present  and  voting  thereon  at  a  meeting 
legally  called  for  this  purpose  not  later  than  five  years  after 
the  date  of  the  passage  of  this  act,  but  not  otherwise. 

Approved  August  24,  1965. 


Chap. 7 Id  An  Act  authorizing  the  department  of  public  works 
TO  construct  certain  playgrounds  in  the  city  of 

CHELSEA. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  certain  provisions  of  law 
authorizing  the  taking  by  eminent  domain  or  otherwise 
of  certain  public  lands  for  highway  improvements  without 
the  payment  of  damages  therefor,  the  state  department  of 


Acts,  1955. —  Chaps.  716,  717.  725 

public  works  is  hereby  authorized  and  directed  to  construct 
in  various  sections  of  the  city  of  Chelsea,  playgrounds  and 
playground  facilities  to  replace  the  loss  of  playground  facili- 
ties and  recreational  areas  resulting  from  the  taking  of 
Carter  park  in  said  city  of  Chelsea  in  connection  with  the 
construction  of  the  Northeast  Expressway,  so  called. 

Section  2.  For  the  purposes  of  this  act  the  department 
may  expend  such  sums,  not  exceeding  one  hundred  thousand 
dollars,  as  may  be  appropriated  therefor. 

Section  3.  Before  any  expenditure  of  funds  authorized 
under  the  provisions  of  this  act  the  commissioner  of  the 
department  of  public  works,  or  his  representative,  shall 
meet  at  a  joint  meeting  of  the  park  commissioners,  the  board 
of  aldermen  and  the  mayor  of  the  city  of  Chelsea  and  shall 
make  recommendations  as  to  the  locus  of  proposed  play- 
ground and  recreational  facilities  to  be  constructed  in  said 
city.  Approved  August  24,  1955. 


An  Act  authorizing  cities  and  towns  to  construct,  Chap. 71^ 

MAINTAIN  AND  OPERATE  OUTDOOR  ARTIFICIAL  ICE-SKATING 
RINKS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  5  of  chapter  40  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  inserting  after  clause  (47),  inserted  f t.^et^,' 
by  section  2  of  chapter  297  of  the  acts  of  1954,  the  following  amended, 
clause :  — 

(48)  For  the  construction,  maintenance  and  operation  of  cities  and 
an  outdoor  artificial  ice-skating  rink  for  which  refrigeration  appropriate 
equipment  is  required;   provided,  however,  that  the  cost  of  ^'idoo/"'^ 
maintenance  and  operation  of  said  outdoor  artificial  ice-  artificial 
skating  rink,  including  maturing  debt  and  interest,  shall  be  etc.*"^^  ""  ^' 
defrayed  by  charges  established  by  the  city  or  town  upon 
persons  using  said  rink. 

Section  2.    Section  7  of  chapter  44  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  inserting  after  clause  (2),  as  appearing  amendeli.*  ^* 
in  the  Tercentenary  Edition,  the  following  clause :  — 

(2 A)  For  the  construction  of  an  outdoor  artificial  ice- 
skating  rink  for  which  refrigeration  equipment  is  required 
on  land  owned  by  the  city  or  town,  fifteen  years. 

Approved  August  24,  1955. 


An  Act  providing  that  certain  medical  expenses  be  Chap. 117 

ALLOWABLE  DEDUCTIONS  FOR  INCOME  TAX  PURPOSES. 

Be  it  enacted,  etc.,  as  follows: 

Section  L    Section  6  of  chapter  62  of  the  General  Laws  g.  l.  (Ter. 
is  hereby  amended  by  inserting  after  clause  Qi)  the  following  ^tl! 'amended. 
clause:  — 

(t)  Expenses  paid  within  the  year,  not  compensated  for  Deductions 
by  insurance  or  otherwise,  for  medical  care  and  medicines  mec^^fex- 

penaes. 


726 


Acts,  1955. —  Chap.  718. 


allowed  as  a  deduction  in  the  determination  of  the  tax- 
payer's net  income  under  the  federal  Internal  Revenue 
Code  of  nineteen  hundred  and  fifty-four  applicable  for  said 
year. 

Section  2.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  fifty-seven  and  shall  apply  to  re- 
turns made  on  account  of  income  received  during  the  cal- 
endar year  nineteen  hundred  and  fifty-six  and  thereafter. 

Approved  Augiist  24,  1955. 


Chap. 7 18  A.N  Act  providing  that  certain  drugs  shall  be  deemed 

HARMFUL,  AND  MAKING  A  CRIMINAL  OFFENCE  THE  FORGING 
OF  A  PRESCRIPTION  FOR  SUCH  DRUGS. 


Emergency 
preamble. 


G.  L.[(Ter. 
Ed.),  94, 
S  187A,  etc., 
amended. 

"Harmful 
drug"  defined. 


G.  L.  (Ter. 
Ed.),  94, 
new  $U87D, 
added. 

Forging  pre- 
scription for 
harmful  drugs, 
penalized. 


Whereas,  The  deferred  operation  of  this  act  would  tend 
to  defeat  its  purpose,  which  is  in  part  to  immediately  further 
define  a  harmful  drug,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  pubhc  health. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  first  paragraph  of  section  187A  of  chap- 
ter 94  of  the  General  Laws,  as  amended  by  section  3  of 
chapter  577  of  the  acts  of  1954,  is  hereby  further  amended 
by  adding  at  the  end  the  following  sentence :  —  The  term 
"harmful  drug"  shall  in  particular  include  any  derivative, 
active  principal,  preparation,  compound  or  mixture  of  bar- 
bituric acid,  amphetamines,  ergot  or  any  hypnotic  or  somni- 
facient drug. 

Section  2.  Said  chapter  94  is  hereby  further  amended 
by  inserting  after  section  187C,  inserted  by  chapter  610  of 
the  acts  of  1955,  the  following  section:  —  Section  187D. 
Whoever  for  the  purpose  of  evading  or  assisting  in  the  eva- 
sion of  any  provision  of  sections  one  hundred  and  eighty-six 
to  one  hundred  and  ninety-five,  inclusive,  falsely  represents 
that  he  is  a  physician,  dentist  or  veterinarian,  or  that  he  is 
a  manufacturer  or  a  jobber  in  drugs,  or  a  licensed  wholesale 
druggist,  or  that  he  is  a  pharmacist  actively  engaged  in  the 
business  as  such,  or  that  he  is  a  superintendent  or  official  in 
immediate  charge  of  an  incorporated  hospital,  college  or 
scientific  institution,  or  whoever  not  being  an  authorized 
physician,  dentist  or  veterinarian,  makes  or  alters  a  prescrip- 
tion or  written  order  for  a  harmful  drug  as  defined  in  section 
one  hundred  and  eighty-seven  A  without  authorization  so 
to  do  from  the  prescriber  shall  be  punished  by  a  fine  of  not 
more  than  one  thousand  dollars  or  by  imprisonment  in  a  jail 
or  house  of  correction  for  not  more  than  two  years  or  both. 

Approved  August  25,  1955. 


Acts,  1955.  — Chaps.  719.  720,  721.  727 


An  Act  providing  for  notice  and  a  public  hearing  for  Chap.719 

THE  approval  OF  INCREASE  IN  RATES  OF  FARE  BY  THE 
METROPOLITAN   TRANSIT   AUTHORITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  11  of  chapter  544  of  the  acts  of  1947 
is  hereby  amended  by  adding  at  the  end  the  following  para- 
graph :  — 

No  general  increase  in  rates  of  fare  as  distinguished  from 
an  increase  in  rates  of  fare  or  charges  for  special  service  shall 
be  approved  until  the  department  has  held  a  public  hearing 
thereon  after  notice  has  been  given  by  the  department  to  the 
mayors,  city  managers,  boards  of  selectmen  and  town  mana- 
gers of  the  cities  and  towns  constituting  the  authority  and 
to  members  of  the  general  court  representing  any  portion  of 
the  territory  constituting  the  authority  and  has  been  adver- 
tised by  the  department  in  at  least  one  daily  Boston  news- 
paper at  least  fourteen  days  before  such  pubUc  hearing  is  to 
be  held  by  the  department. 

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

Approved  August  25,  1956 

An  Act  authorizing  the  trustees  of  the  soldiers'  home  Chav.720 

IN  MASSACHUSETTS  TO  PROVIDE  LIMITED  TRANSPORTATION 
FOR  PATIENTS  AND  EMPLOYEES  OF  SAID  HOME,  AND  VISI- 
TORS  THERETO. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  any  provision  of  law  to  the  contrary, 
the  trustees  of  the  Soldiers'  Home  in  Massachusetts  are 
hereby  authorized,  upon  compliance  with  the  provisions  of 
section  eight  A  of  chapter  twenty-nine  of  the  General  Laws, 
and  with  the  approval  of  the  commission  on  administration 
and  finance,  to  contract  with  a  common  carrier  of  persons 
for  the  transportation  of  patients  and  employees  of  the  said 
Soldiers'  Home  in  Massachusetts,  and  visitors  thereto  from 
Bellingham  square  in  the  city  of  Chelsea  to  said  Home,  and 
return.  The  carrier  so  selected  by  said  trustees  shall,  except 
as  otherwise  specifically  provided  herein,  be  subject  to  all 
the  provisions  of  chapter  one  hundred  and  fifty-nine  A  of 
the  General  Laws.  The  carrier  may  make  such  stops  on 
Washington  avenue  in  said  city  as  are  necessary  to  pick  up 
passengers  proceeding  to  the  Soldiers'  Home  in  Massa- 
chusetts. Approved  August  25,  1955. 

An  Act  relative  to  the  eligibility  of  members  of  the  Chav  721 

SCHOOL  committee  OF  THE  CITY  OF  PEABODY  TO  HOLD 
CERTAIN    OTHER   POSITIONS   IN   SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  37  of  chapter  300  of  the  Special  Acts 
of  1916  is  hereby  amended  by  striking  out  the  second  sen- 


728  Acts,  1955.  — Chap.  722. 

tence  and  inserting  in  place  thereof  the  following  sentence :  — 
No  member  of  the  school  committee,  except  the  mayor, 
shall,  while  a  member  thereof,  hold  any  other  office  or  posi- 
tion the  salary  or  compensation  for  which  is  payable  out  of 
the  city  treasury. 

Section  2.  This  act  shall  be  submitted  for  acceptance 
to  the  qualified  voters  of  the  city  of  Peabody  at  the  regular 
city  election  to  be  held  in  the  current  year  in  the  form  of  the 
following  question,  which  shall  be  placed  upon  the  official 
ballot  to  be  used  at  said  election:  —  "Shall  an  act  passed  by 
the  general  court  in  the  year  nineteen  hundred  and  fifty- 
five,  entitled  'An  Act  relative  to  the  eligibility  of  members 
of  the  school  committee  of  the  city  of  Peabody  to  hold 
certain  other  positions  in  said  city',  be  accepted?"  If  a 
majority  of  the  votes  in  answer  to  said  question  are  in  the 
affirmative,  then  this  act  shall  take  full  effect,  but  not  other- 
wise. Approved  August  25,  1955. 

Chap. 122  An  Act  providing   for  the   construction,   operation, 

MAINTENANCE  AND  REPAIR  OF  A  GOLF  COURSE  IN  THE 
TOWN  OF  LONGMEADOW,  THE  CREATION  OF  THE  SPRING- 
FIELD RECREATION  AUTHORITY,  AND  PROVIDING  FOR  THE 
FINANCING   OF   SAID    PROJECT. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  Springfield  Recreation  Authority,  here- 
inafter created,  is  hereby  authorized  and  empowered  to  con- 
struct, maintain,  repair  and  operate  a  golf  course  on  land 
hereinafter  described  and  to  issue  its  golf  course  revenue 
bonds,  payable  solely  from  revenue,  to  pay  the  cost  of  such 
golf  course  and  appurtenances  thereto. 

Section  2.  Golf  course  revenue  bonds  issued  under  the 
provisions  of  this  act  shall  not  be  deemed  to  constitute  a 
debt  of  the  commonwealth  or  of  anj^  political  subdivision 
thereof  or  a  pledge  of  the  faith  and  credit  of  the  common- 
wealth or  of  any  such  political  subdivision,  but  such  bonds 
shall  be  payable  solely  from  the  funds  herein  provided  there- 
for from  revenues.  All  such  golf  course  revenue  bonds  shall 
contain  on  the  face  thereof  a  statement  to  the  effect  that 
neither  the  authority  nor  the  commonwealth  nor  any  po- 
litical subdivision  thereof  shall  be  obligated  to  pay  the  same 
or  the  interest  thereon  except  from  revenue  of  the  golf 
course,  and  that  neither  the  faith,  the  credit  nor  the  taxing 
power  of  the  commonwealth  or  of  any  political  subdivision 
thereof  is  pledged  to  the  payment  of  the  principal  of  or  the 
interest  on  said  bonds. 

Section  3.  There  is  hereby  created  a  bodj''  politic  and 
corporate  to  be  known  as  the  Springfield  Recreation  Au- 
thority, which  shall  be  deemed  a  public  instrumentality  for 
the  purposes  of  this  act,  and  b}^  that  name  the  authority 
may  sue  and  be  sued,  plead  and  be  impleaded,  contract  and 
be  contracted  with,  and  shall  have  an  official  seal  and  may 
alter  the  same  at  pleasure. 


Acts,  1955.  — Chap.  722.  729 

Section  4.  The  Springfield  Recreation  Authority,  here- 
inafter referred  to  in  this  act  as  the  authority,  shall  consist 
of  five  members  appointed  by  the  mayor  of  the  city  of 
Springfield  subject  to  confirmation  by  the  city  council  and 
not  more  than  three  of  whom  shall  be  of  the  same  political 
party.  The  members  of  the  authority  first  appointed  shall 
continue  in  office  for  terms  expiring  on  July  first  in  the  years 
nineteen  hundred  and  sixty,  nineteen  hundred  and  sixty-one, 
nineteen  hundred  and  sixty-two,  nineteen  hundred  and  sixty- 
three  and  nineteen  hundred  and  sixty-four,  respectively,  as 
the  mayor  may  designate,  and  until  their  successors  are 
duly  appointed  and  qualified.  The  successor  of  each  such 
member  shall  be  appointed  in  like  manner  for  a  term  of 
eight  5'ears,  except  that  any  person  appointed  to  fill  a  va- 
cancy shall  be  appointed  to  serve  only  for  the  unexpired 
term.  A  member  shall  be  eligible  for  reappointment.  The 
mayor  shall  designate  one  of  the  members  of  the  authority 
as  chairman,  and  he  shall  serve  as  such  during  his  term  of 
office.  Each  member  of  the  authority  before  entering  upon 
his  duties  shall  take  an  oath  before  the  mayor  to  admin- 
ister the  duties  of  his  office  faithfullj''  and  impartially,  and 
a  record  of  such  oaths  shall  be  filed  in  the  office  of  the  city 
clerk  of  Springfield. 

Section  5.  As  used  in  this  act  the  following  words  and 
terms  shall  have  the  following  meanings,  unless  the  context 
shall  indicate  another  or  different  meaning  or  intent :  — 

(a)  "Authority",  the  Springfield  Recreation  Authority, 
created  by  section  three  of  this  act,  or,  if  said  authority  shall 
be  abolished,  the  board,  body  or  commission  succeeding  to 
the  principal  functions  thereof  or  to  whom  the  powers  given 
by  this  act  to  the  authoritj'  shall  be  given  by  law; 

(b)  "Project",  the  golf  course  and  appurtenant  facilities; 

(c)  "Cost  of  the  project",  the  cost  of  construction,  the 
cost  of  acquisition  of  all  land,  rights  of  waj'',  property,  rights, 
easements  and  interests  acquired  by  the  authority  for  such 
construction,  cost  of  all  machinery  and  equipment,  financing 
charges,  interest  prior  to  and  during  construction,  and  for 
one  year  after  the  completion  of  the  project,  cost  of  engineer- 
ing and  legal  expenses,  plans,  specifications,  surveys  and 
other  expenses  necessary  or  incidental  to  determining  the 
feasibility  or  practicability  of  construction,  the  authority's 
administrative  expense,  and  such  other  expenses  as  may  be 
necessary  or  incidental  to  the  construction  of  the  project, 
the  financing  thereof,  and  the  placing  of  the  project  in  op- 
eration. 

Section  6.  The  authority  is  hereby  authorized  and  em- 
powered — 

(a)  To  acquire  by  purchase,  gift  or  by  right  of  eminent 
domain  from  the  city  of  Springfield  land  of  said  city  which 
is  under  the  jurisdiction  of  the  city  park  department,  and 
more  particularly  described  as  follows :  —  land  west  of 
Dwight  road  beginning  at  a  stone  bound  on  the  westerly 
line  of  Dwight  road  on  the  southerly  line  of  land  now  or 


730  Acts,  1955.  — Chap.  722. 

formerly  owned  by  Mrs.  E.  L.  Cook  and  being  on  a  line 
bearing  south  9°  26'  west,  2.15  feet  from  a  stone  bound 
marking  an  angle  point  in  the  said  westerly  Hne  of  said 
Dwight  road,  and  running  thence  south  9°  26'  west,  291.65 
feet  to  a  stone  bound  and  thence  continuing  along  said 
westerly  line  of  said  Dwight  road  by  a  curve  to  the  left, 
radius  250.06  feet,  arc  147.9  feet  to  a  stone  bound,  thence 
south  24°  27'  20"  along  said  westerly  hne  of  said  Dwight 
road  131.63  feet  to  a  stone  bound,  thence  south  6°  40'  50" 
along  said  westerly  line  of  said  Dwight  road  937.92  feet  to 
a  stone  bound,  thence  north  74°  18'  30"  west,  375.3  feet  to  a 
point,  thence  north  78°  6'  50"  west  567.93  feet  to  an  iron 
rod,  thence  north  86°  11'  20"  west,  1063.82  feet  to  a  drill 
hole  in  a  rock,  thence  north  4°  10'  15"  east,  413.5  feet  to  a 
stone  bound,  thence  north  77°  45'  45"  east,  228  feet  to  a 
stone  bound,  thence  north  74°  18'  30"  east,  285.28  feet  to  a 
stone  bound,  thence  north  66°  53'  40"  east,  166.25  feet  to 
a  stone  bound,  thence  north  57°  31'  50"  east,  162.62  feet 
to  a  stone  bound,  thence  north  17°  43'  40"  east,  355.67  feet 
to  a  stone  bound,  thence  north  1°  38'  31"  east,  149.71  feet  to 
a  stone  bound,  thence  north  75°  52'  40"  east,  557.95  feet 
to  a  stone  bound,  thence  south  10°  17'  40",  117.5  feet  to  a 
stone  bound,  thence  south  89°  53'  30"  east,  385.02  feet  to  a 
stone  bound,  the  place  of  beginning.  The  above  described 
parcel  of  land  contains  43.394  acres,  more  or  less,  of  which 
9.791  acres,  more  or  less,  are  in  Springfield  and  33.603  acres, 
more  or  less,  are  in  Longmeadow ; 

(h)  To  construct,  maintain,  repair  and  operate  a  golf 
course  and  appurtenances  thereto  on  the  tract  of  land 
acquired  under  paragraph  (a) ; 

(c)  To  issue  revenue  bonds  of  the  authority,  payable  solely 
from  revenues  for  the  purpose  of  pa5dng  all  or  any  part  of 
the  cost  of  said  golf  course  project; 

(d)  To  fix  and  revise  from  time  to  time  fees  and  charges 
for  the  use  of  said  golf  course  and  charges  for  other  services 
made  available  in  connection  with  said  golf  course; 

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

(/)  To  acquire,  hold  and  dispose  of  real  and  personal 
property  for  its  corporate  purposes; 

(g)  To  acquire  in  its  own  name  by  purchase  or  otherwise, 
on  such  terms  and  conditions  and  in  such  manner  as  it  may 
deem  proper,  or  by  the  exercise  of  the  power  of  eminent  do- 
main in  accordance  with  the  provisions  of  chapter  seventy- 
nine  of  the  General  Laws  in  so  far  as  such  provisions  may  be 
apphcable,  the  tract  of  land  authorized  to  be  acquired  under 
paragraph  (a)  of  section  six; 

(h)  To  make  and  enter  into  all  contracts  and  agreements 
necessary  or  incidental  to  the  performance  of  its  duties  and 
the  execution  of  its  powers  under  this  act,  and  to  employ 
consulting  engineers,  construction  and  accounting  experts, 
and  attorneys,  and  such  other  employees  and  agents  as  may 
be  necessary  in  its  judgment,  and  to  fix  their  compensation; 


Acts,  1955.  — Chap.  722.  731 

provided,  that  all  such  expenses  shall  be  payable  solely  from 
the  proceeds  of  revenue  bonds  issued  under  the  provisions 
of  this  act  or  from  the  revenues  of  the  golf  course ; 

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

(j)  To  do  all  acts  and  things  necessary  or  convenient  to 
carry  out  the  powers  expressly  granted  in  this  act. 

Section  7.  The  authority  is  hereby  authorized  to  pro- 
vide by  resolution,  at  one  time  or  from  time  to  time,  for  the 
issuance  of  revenue  bonds  of  the  authority  for  the  purpose 
of  paying  all  or  any  part  of  the  cost  of  the  project.  The 
principal  and  interest  of  such  bonds  shall  be  payable  solely 
from  the  funds  herein  provided  for  such  payment.  The  bonds 
of  each  issue  shall  be  dated,  shall  bear  interest  at  such  rates 
not  exceeding  five  per  centum  per  annum,  shall  mature  at 
such  time  or  times  not  exceeding  twenty-five  years  from  their 
date  or  dates,  as  may  be  determined  by  the  authority,  and 
may  be  made  redeemable  before  maturity,  at  the  option  of 
the  authority,  at  such  price  or  prices  and  under  such  terms 
and  conditions  as  may  be  fixed  by  the  authority  prior  to  the 
issuance  of  the  bonds.  The  authority  shall  determine  the 
form  of  the  bonds,  including  any  interest  coupons  to  be  at- 
tached thereto,  and  the  manner  of  execution  of  the  bonds,  and 
shall  fix  the  denomination  or  denominations  of  the  bonds  and 
the  place  or  places  of  payment  of  principal  and  interest, 
which  may  be  at  any  bank  or  trust  company  within  or  with- 
out the  commonwealth.  In  case  any  officer  whose  signature 
or  a  facsimile  of  whose  signature  shall  appear  on  any  bonds 
or  coupons  shall  cease  to  be  such  officer  before  the  delivery 
of  such  bonds,  such  signature  or  such  facsimile  shall  never- 
theless be  valid  and  sufficient  for  all  purposes  the  same  as  if 
he  had  remained  in  office  until  such  delivery.  All  revenue 
bonds  issued  under  the  provisions  of  this  act  shall  have  and 
are  hereby  declared  to  have  all  the  quahties  and  incidents  of 
negotiable  instruments  under  the  negotiable  instruments  law 
of  the  commonwealth.  The  bonds  may  be  issued  in  coupon 
or  in  registered  form,  or  both,  as  the  authority  may  deter- 
mine, and  provision  may  be  made  for  the  registration  of 
any  coupon  bonds  as  to  principal  alone  and  also  as  to  both 
principal  and  interest,  and  for  the  reconversion  into  coupon 
bonds  of  any  bonds  registered  as  to  both  principal  and  in- 
terest. The  authority  may  sell  such  bonds  in  such  manner, 
either  at  pubhc  or  at  private  sale,  and  for  such  price,  as  it 
may  determine  to  be  for  the  best  interests  of  the  authority, 
but  no  such  sale  shall  be  made  at  a  price  so  low  as  to  require 
the  payment  of  interest  on  the  money  received  therefor  at 
more  than  five  per  centum  per  annum,  computed  with  rela- 
tion to  the  absolute  maturity  of  the  bonds  in  accordance  with 
standard  tables  of  bond  values,  excluding,  however,  from 


732  Acts,  1955.  —  Chap.  722. 

such  computation  the  amount  of  any  premium  to  be  paid 
on  redemption  of  any  bonds  prior  to  maturity. 

The  proceeds  of  such  bonds  shall  be  used  solely  for  the 
payment  of  the  cost  of  the  project,  and  shall  be  disbursed  in 
such  manner  and  under  such  restrictions,  if  any,  as  the  au- 
thority may  provide.  If  the  proceeds  of  such  bonds,  bj'-  error 
of  estimates  or  otherwise,  shall  be  less  than  such  cost,  addi- 
tional bonds  may  in  like  manner  be  issued  to  provide  the 
amount  of  such  deficit,  and,  unless  otherwise  provided  in  the 
resolution  authorizing  the  issuance  of  the  bonds  or  in  the 
trust  agreement  hereinafter  mentioned,  shall  be  deemed  to 
be  of  the  same  issue  and  shall  be  entitled  to  payment  from 
the  same  fund  without  preference  or  priority  of  the  bonds 
first  issued.  If  the  proceeds  of  the  bonds  shall  exceed  the 
cost  of  the  project,  the  surplus  shall  be  used  for  the  retire- 
ment of  such  bonds.  Prior  to  the  preparation  of  definitive 
bonds  the  authority  may,  under  like  restrictions,  issue  in- 
terim receipts  or  temporary  bonds,  with  or  without  coupons, 
exchangeable  for  definitive  bonds  when  such  bonds  have 
been  executed  and  are  available  for  delivery.  The  authority 
may  also  pro\dde  for  the  replacement  of  any  bonds  which 
shall  become  mutilated  or  shall  be  destroyed  or  lost.  Rev- 
enue bonds  may  be  issued  under  the  provisions  of  this  act 
without  obtaining  the  consent  of  any  department,  division, 
commission,  board,  bureau  or  agency  of  the  commonwealth, 
and  without  any  other  proceedings  or  the  happening  of  any 
other  conditions  or  things  than  those  proceedings,  conditions 
or  things  which  are  specifically  required  by  this  act. 

The  authority  is  hereby  authorized  to  provide  by  resolu- 
tion for  the  issuance  of  revenue  refunding  bonds  of  the  au- 
thority for  the  purpose  of  refunding  any  revenue  bonds  then 
outstanding  and  issued  under  the  provisions  of  this  act,  in- 
cluding the  payment  of  any  redemption  premium  thereon 
and  any  interest  accrued  or  to  accrue  to  the  date  of  redemp- 
tion of  such  bonds.  The  issuance  of  such  bonds,  the  maturi- 
ties and  other  details  thereof,  the  rights  of  the  holders 
thereof,  and  the  duties  of  the  authority  in  respect  of  the 
same,  shall  be  governed  by  the  provisions  of  this  act  in  so 
far  as  the  same  may  be  applicable. 

While  any  bonds  issued  by  the  authority  remain  out- 
standing, the  powers,  duties  or  existence  of  the  authority 
shall  not  be  diminished  or  impaired  in  any  way  that  will 
affect  adversely  the  interests  and  rights  of  the  holders  of 
such  bonds. 

Section  8.  The  exercise  of  the  powers  granted  by  this 
act  will  be  in  all  respects  for  the  benefit  of  the  people  of  the 
commonwealth,  for  the  increase  of  their  commerce  and  pros- 
perity, and  for  the  improvement  of  their  health  and  living 
conditions,  and  as  the  operation  and  maintenance  of  the  golf 
course  by  the  authority  will  constitute  the  performance  of 
essential  governmental  functions,  the  authority  shall  not  be 
required  to  pay  any  taxes  or  assessments  upon  the  project 
or  any  property  acquired  or  used  by  the  authority  under 


Acts,  1955.  — Chap.  722.  733 

the  provisions  of  this  act  or  upon  the  income  therefrom,  and 
the  revenue  bonds  and  revenue  refunding  bonds  issued  under 
the  provisions  of  this  act,  their  transfer  and  the  income 
therefrom,  inchiding  any  profit  made  on  the  sale  thereof, 
shall  at  all  times  be  free  from  taxation  within  the  common- 
wealth. 

Section  9.  In  the  discretion  of  the  authority  such  rev- 
enue bonds  or  revenue  refunding  bonds  may  be  secured  by  a 
trust  agreement  by  and  between  the  authority  and  a  cor- 
porate trustee,  which  may  be  any  trust  company  or  bank 
having  the  powers  of  a  trust  company  within  the  common- 
wealth. Such  trust  agreement  may  pledge  or  assign  the  rev- 
enues to  be  received,  but  shall  not  convey  or  mortgage  the 
golf  course  or  any  part  thereof.  Either  the  resolution  provid- 
ing for  the  issuance  of  bonds  or  such  trust  agreement  may 
contain  such  provisions  for  protecting  and  enforcing  the 
rights  and  remedies  of  the  bondholders  as  may  be  reasonable 
and  proper  and  not  in  violation  of  law,  including  covenants 
setting  forth  the  duties  of  the  authority  in  relation  to  the 
construction,  improvement,  maintenance,  operation,  repair 
and  uisurance  of  the  project  and  the  custody,  safeguarding 
and  application  of  all  moneys.  It  shall  be  la^\iul  for  any 
bank  or  trust  company  incorporated  under  the  laws  of  the 
commonwealth  to  act  as  depository  of  the  proceeds  of  bonds 
or  of  revenues  and  to  furnish  such  indemnifying  bonds  or  to 
pledge  such  securities  as  may  be  required  by  the  authority. 
Such  trust  agreement  may  set  forth  the  rights  and  remedies 
of  the  bondholders  and  of  the  trustee,  and  may  restrict  the 
individual  right  of  action  by  bondholders  as  is  customary  in 
trust  agreements  or  trust  indentures  securing  bonds  and  de- 
bentures of  corporations.  In  addition  to  the  foregoing,  such 
trust  agreement  may  contain  such  other  pro\'isions  as  the 
authority  may  deem  reasonable  and  proper  for  the  security 
of  the  bondholders.  All  expenses  incurred  in  carrjdng  out 
the  provisions  of  such  trust  agreement  may  be  treated  as  a 
part  of  the  cost  of  the  operation  of  the  golf  course. 

Section  10.  The  authority  is  hereby  authorized  to  fix, 
revise,  charge  and  collect  fees  and  charges  for  the  use  of  the 
golf  course  and  to  contract  with  any  person,  partnership, 
association  or  corporation  desiring  the  use  of  the  golf  course 
and  appurtenances  of  any  part  thereof,  for  any  purpose,  and 
to  fix  the  terms,  conditions,  rents  and  rates  of  charges  for 
such  use.  Such  fees  and  charges  shall  be  so  fixed  and  adjusted 
in  respect  of  the  aggregate  of  fees  and  charges  from  the  golf 
course  as  to  provide  a  fund  sufficient  with  other  revenues  of 
the  golf  course,  if  any,  to  pay  (o)  the  cost  of  maintaining, 
repairing  and  operating  the  golf  course,  (6)  the  principal  of 
and  the  interest  on  such  revenue  bonds  as  the  same  shall 
become  due  and  payable,  and  (c)  reserves  for  such  purposes. 
Such  fees  and  charges  shall  not  be  subject  to  super\asion 
or  regulation  by  any  department,  division,  commission, 
board,  bureau  or  agency  of  the  commonwealth  or  any  pohti- 
cal  subdivision  thereof.    The  fees  and  charges  and  all  other 


Acts,  1955. —  Chap.  722. 

revenues  derived  from  the  golf  course,  except  such  part 
thereof  as  may  be  necessary  to  pay  such  cost  of  mainte- 
nance, repair  and  operation  and  to  provide  such  reserves 
therefor  as  may  be  provided  for  in  the  resolution  authorizing 
the  issuance  of  the  bonds  or  in  the  trust  agreement,  shall  be 
set  aside  at  such  regular  intervals  as  may  be  provided  in  such 
resolution  or  such  trust  agreement  in  a  sinking  fund  which 
is  hereby  pledged  to,  and  charged  with,  the  payment  of: 
(1)  the  interest  upon  such  bonds  as  such  interest  shall  fall 
due ;  (2)  the  principal  of  the  bonds  as  the  same  shall  fall  due ; 
(3)  the  necessary  charges  of  paying  agents  for  paying  prin- 
cipal and  interest ;  and  (4)  the  redemption  price  or  the  pur- 
chase price  of  bonds  retired  by  call  or  purchase  as  therein 
provided.  Subject  to  the  provisions  of  the  resolution  author- 
izing the  issuance  of  revenue  bonds  or  of  the  trust  agreement, 
such  sinking  fund  shall  be  a  fund  for  all  such  bonds  without 
distinction  or  priority  of  one  over  another.  The  moneys  in 
the  sinking  fund,  less  such  reserve  as  may  be  provided  in 
such  resolution  or  trust  agreement,  if  not  used  within  a 
reasonable  time  for  the  purchase  of  bonds  for  cancellation  as 
above  provided,  shall  be  applied  to  the  redemption  of  bonds 
at  the  redemption  price  then  applicable. 

Section  11.  All  moneys  received  pursuant  to  the  au- 
thority of  this  act,  whether  as  proceeds  from  the  sale  of 
revenue  bonds  or  as  revenues,  shall  be  deemed  to  be  trust 
funds,  to  be  held  and  applied  solely  as  provided  in  this  act. 
The  authority  shall,  in  the  resolution  authorizing  the  issu- 
ance of  revenue  bonds  or  in  the  trust  agreement,  provide 
for  the  payment  of  the  proceeds  of  the  sale  of  such  bonds 
and  all  revenues  to  be  received  to  any  ofl&cer  who,  or  to  any 
agency,  bank  or  trust  company  which,  shall  act  as  trustee  of 
such  funds  and  shall  hold  and  apply  the  same  to  the  pur- 
poses hereof,  subject  to  such  regulations  as  this  act  and  such 
resolution  or  trust  agreement  may  provide. 

Section  12.  Revenue  bonds  and  revenue  refunding  bonds 
issued  under  the  provisions  of  this  act  are  hereby  made 
securities  in  which  all  pubhc  officers  and  pubHc  bodies  of 
the  commonwealth  and  its  pohtical  subdivisions,  all  insur- 
ance companies,  trust  companies  in  their  commercial  depart- 
ments and  within  the  limits  set  by  section  forty  of  chapter 
one  hundred  and  seventy-two  of  the  General  Laws,  banking 
associations,  investment  companies,  executors,  trustees  and 
other  fiduciaries,  and  all  other  persons  whatsoever  who  are 
now  or  may  hereafter  be  authorized  to  invest  in  bonds  or 
other  obligations  of  a  similar  nature  may  properly  and 
legally  invest  funds,  including  capital  in  their  control  or  be- 
longing to  them,  and  such  bonds  are  hereby  made  obliga- 
tions which  may  properly  and  legally  be  made  ehgible  for 
the  investment  of  savings  deposits  and  the  income  thereof 
in  the  manner  provided  by  clause  Fifteenth  (c)  of  section 
fifty-four  of  chapter  one  hundred  and  sixty-eight  of  the 
General  Laws.  Such  revenue  bonds  are  hereby  made  securi- 
ties which  may  properly  and  legally  be  deposited  with  and 


Acts,  1955. —  Chap.  722.  735 

received  by  any  state  or  municipal  officer  or  any  agency  or 
political  subdivision  of  the  commonwealth  for  any  purpose 
for  which  the  deposit  of  bonds  or  other  obligations  of  the 
commonwealth  now  or  may  hereafter  be  authorized  by  law. 

Section  13.  Any  holder  of  revenue  bonds  or  revenue  re- 
funding bonds  issued  under  the  provisions  of  this  act  or  of 
any  of  the  coupons  appertaining  thereto,  and  the  trustee 
under  the  trust  agreement,  if  any,  except  to  the  extent  the 
rights  herein  given  may  be  restricted  by  such  resolution  or 
trust  agreement,  may,  either  at  law  or  in  equity,  by  suit 
action,  mandamus  or  other  proceeding,  protect  and  enforce 
any  and  all  rights  under  the  laws  of  the  commonwealth  or 
granted  hereunder  or  under  such  resolution  or  trust  agree- 
ment, and  may  enforce  and  compel  the  performance  of  all 
duties  required  by  this  act  or  by  such  resolution  or  trust 
agreement  to  be  performed  by  the  authority  or  by  any  officer 
thereof,  including  the  fixing,  charging  and  collecting  of  fees 
and  charges  for  the  use  of  the  golf  course  and  appurtenances. 

Sectiox  14.  When  constructed,  the  golf  course  shall  be 
maintained  and  kept  in  good  condition  and  repair  by  and 
at  the  expense  of  the  authority. 

Section  15.  Until  the  golf  course  shall  have  been  turned 
over  to  the  city  of  Springfield  under  the  provisions  of  section 
sixteen,  the  authority,  as  the  person  obliged  by  law  to  repair 
the  same,  shall  be  liable  to  any  person  sustaining  bodily 
injury  or  damage  in  his  property  by  reason  of  a  defect  or 
want  of  repair  therein  or  thereupon,  and  shall  be  liable  for 
the  death  of  any  person  caused  by  such  defect  or  want  of 
repair  as  provided  in  chapter  two  hundred  and  twentj^-nine 
of  the  General  Laws. 

Any  person  damaged  in  his  property  by  the  exercise  of 
any  of  the  powers  granted  by  this  act  may  recover  his 
damages  from  the  authority  under  chapter  seventy-nine  of 
the  General  Laws. 

On  or  before  the  thirtieth  day  of  Januar}'-  in  each  year 
the  authority  shall  make  an  annual  report  of  its  activities 
for  the  preceding  calendar  j'ear  to  the  general  court  and  to 
the  mayor  of  Springfield.  Each  such  report  shall  set  forth 
a  complete  operating  and  financial  statement  covering  its 
operations  during  the  year.  The  authority  shall  cause  an 
audit  of  its  books  and  accounts  to  be  made  at  least  once  in 
each  year  by  the  department  of  the  state  auditor.  Such 
audits  shall  be  deemed  to  be  public  records  within  the 
meaning  of  chapter  sixty-six  of  the  General  Laws. 

Any  member,  agent  or  employee  of  the  authority  who  con- 
tracts with  the  authority  or  is  interested,  either  directly 
or  indirectly,  in  any  contract  with  the  authority  or  in  the 
sale  of  any  property,  either  real  or  personal,  to  the  authority 
shall  be  punished  by  a  fine  of  not  more  than  one  thousand 
dollars  or  by  imprisonment  for  not  more  than  one  year,  or 
both. 

Section  16.  When  all  golf  course  revenue  bonds  or  golf 
course  revenue  refunding  bonds  issued  under  the  provisions 


736  Acts,  1955. —  Chap.  723. 

of  this  act  and  the  interest  thereon  shall  have  been  paid  or 
a  sufficient  amount  for  the  payment  of  all  such  bonds  and 
the  interest  thereon  to  the  maturity  thereof  shall  have  been 
set  aside  in  trust  for  the  benefit  of  the  bondholders,  the  golf 
course,  if  then  in  good  condition  and  repair  to  the  satisfaction 
of  the  mayor  of  the  city  of  Springfield,  shall  be  turned  over 
to,  and  shall  thereafter  be  maintained  by,  said  city  and 
thereupon  the  authority  shall  be  dissolved  and  all  funds  of 
the  authority  not  required  for  the  payment  of  the  bonds 
shall  be  paid  into  the  treasury  of  said  city  and  all  machinery, 
equipment  and  other  property  belonging  to  the  authority 
shall  be  vested  in  and  delivered  thereto. 

Section  17.  To  provide  for  the  preUminary  expenses  of 
the  authority  in  carrying  out  the  provisions  of  this  act,  the 
authority  may  borrow  from  the  city  of  Springfield,  and  said 
city  may  loan  to  the  authority,  such  sums,  not  exceeding  in 
the  aggregate  ten  thousand  dollars  as  the  city  council  of 
said  city  \vith  the  approval  of  the  mayor  shall  deem  neces- 
sary; and  anj^  sum  so  borrowed  by  the  authority  shall  be 
repaid  by  the  authority  to  said  city  as  soon  as  the  authority 
receives  proceeds  from  the  sale  of  revenue  bonds  issued  under 
the  provisions  of  this  act. 

Section  18.  This  act,  being  necessary  for  the  welfare  of 
the  commonwealth  and  its  inhabitants,  shall  be  liberally 
construed  to  effect  the  purposes  thereof. 

Section  19.  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  affect  or  impair  any  of  the  remaining  provisions. 

Section  20.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  vote  of  the  city  council  of  the  city  of  Spring- 
field, subject  to  the  provisions  of  its  charter,  but  not  other- 
wise. Approved  August  25,  1955. 


Chap. 72^  An  Act  providing  for  a  second  assistant  clerk  for  the 

district  court  of  somerville. 

Be  it  enacted,  etc.,  as  follows: 

G.  L.  (Ter.  The  third  sentence  of  section  10  of  chapter  218  of  the 

§io,'ftc^,'         General  Laws,  as  appearing  in  chapter  444  of  the  acts  of 
amended.  1950,  is  hcrcb}^  amended  by  inserting  after  the  word  "Nor- 

folk", in  line  14,  the  words:  —  ,  the  district  court  of  Somer- 
District  courts,  ville,  —  SO  as  to  read  as  follows :  —  Second  assistant  clerks 
ai^s^^ant^iierks  ^^^^  Salaries  payable  by  the  county  may  be  appointed  in 
the  municipal  court  of  the  Roxbur}^  district,  the  East  Boston 
district  court,  the  municipal  court  of  the  Charlestown  dis- 
trict, the  municipal  court  of  the  Dorchester  district,  the 
municipal  court  of  the  Brighton  district,  the  municipal  court 
of  the  West  Roxbury  district,  the  municipal  court  of  the 
South  Boston  district,  the  central  district  court  of  Worcester, 
and,  subject  to  the  approval  of  the  county  commissioners, 
in  the  first  district  court  of  eastern  Middlesex,  the  third 


Acts,  1955.  —  Chaps.  724,  725.  737 

district  court  of  eastern  Middlesex,  the  first  district  court  of 
Essex,  the  district  court  of  southern  Essex,  the  district  court 
of  Springfield,  the  second  district  oourt  of  Bristol,  the  third 
district  court  of  Bristol,  the  district  court  of  East  Norfolk, 
the  district  court  of  Somerville  and  the  district  court  of 
Chelsea.  Approved  August  25,  1955. 


An  Act  making  edwin  prokop  eligible  for  appointment  Chap. 7 24: 

AS    A    POLICE    OFFICER   IN   THE   TOWN    OF   LUDLOW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  name  of  Edwin  Prokop  shall  be  restored 
to  the  eligible  civil  service  list  for  appointment  to  the  police 
force  in  the  town  of  Ludlow  for  a  period  of  six  months  from 
the  effective  date  of  this  act,  notwithstanding  any  general 
or  special  law  to  the  contrary. 

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

Approved  August  29,  1955. 


An  Act  relative  to  the  membership  of  the  board  of  Qfidj)  725 

TRUSTEES  AND  THE  POWERS  OF  THE  ADVISORY  BOARD  OF 
THE  METROPOLITAN  TRANSIT  AUTHORITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  1  of  chapter  404  of  the  acts  of  1952 
is  hereby  amended  by  striking  out  the  last  sentence  and  in- 
serting in  place  thereof  the  following  three  sentences :  — 
When  requested  by  said  board  or  by  the  trustees  of  said  au- 
thority the  members  of  the  board  hereby  established  may 
appear  before  said  trustees  with  reference  to  matters  per- 
taining to  the  fixing  of  rates  of  fare  and  charges  for  service. 
No  general  increase  in  rates  of  fare  as  distinguished  from  an 
increase  in  rates  of  fare  or  charges  for  special  service  shall  be 
established  by  the  trustees  unless  approved  by  the  affirma- 
tive vote  of  said  board  as  herein  provided.  Upon  request 
of  the  board  or  of  the  trustees  of  said  authority  the  members 
of  said  board  may  also  appear  before  said  trustees  with  refer- 
ence to  matters  pertaining  to  the  character  and  extent  of 
the  services  and  facilities  furnished  by  said  authority  for  the 
purpose  of  enabling  the  members  of  said  board  to  advise 
said  tiTistees  and  to  express  to  them  their  views  and  rec- 
ommendations relative  to  said  matters. 

Section  2.  Section  2  of  chapter  544  of  the  acts  of  1947, 
as  amended  by  section  1  of  chapter  197  of  the  acts  of  1953, 
is  hereby  further  amended  by  inserting  after  the  first  sen- 
tence the  following  sentence:  —  Each  member  appointed  to 
the  board  of  trustees  after  November  first,  nineteen  hundred 
and  fift3''-five  shall  be  a  resident  of  a  city  or  town  within  the 
territory  of  and  constituting  a  part  of  the  authority. 

Section  3.  Section  11  of  said  chapter  544  is  hereby 
amended  by  striking  out  the  first  paragraph  and  inserting 


738  Acts,  1955.  —  Chap.  725. 

in  place  thereof  the  following  paragraph :  —  The  trustees, 
subject  to  the  approval  of  the  department  and  subject  to 
the  approval  of  the  advisory  board  of  the  Metropolitan 
Transit  Authority,  in  case  of  a  general  increase  in  rates  of 
fare  as  provided  by  section  one  of  chapter  four  hundred  and 
four  of  the  acts  of  nineteen  hundred  and  fifty-two,  as 
amended,  shall  from  time  to  time  fix  such  rates  of  fare  and 
charges  for  service  furnished  or  operated  as  in  their  judg- 
ment will  produce  as  much  income  as  is  feasible  considering 
the  effect  of  such  rates  of  fares  and  charges  for  service  upon 
the  use  of  the  service  furnished  or  operated  and  the  economic 
welfare  of  the  territory  constituting  the  authority  and  con- 
sidering all  other  factors  deemed  pertinent  by  the  trustees; 
provided,  however,  that  rates  of  fare  and  charges  for  service 
shall  at  all  times  be  so  fixed  that  they  shall  not  produce  in 
any  year  an  income  of  more  than  two  million  dollars  in 
excess  of  the  amount  necessary  to  meet  the  cost  of  the  serv- 
ice in  such  year  and  the  restoration  of  the  reserve  fund  pro- 
vided for  by  section  thirteen  to  the  amount  originally  estab- 
lished for  such  fund;  and  pro\'ided,  further,  that  rates  of 
fare  and  charges  for  service  may  at  all  times  be  so  fixed  that 
they  may  produce  sufficient  income  to  meet  at  least  that 
portion  of  the  cost  of  the  service  which  is  determined  by  ex- 
cluding from  the  cost  of  the  service  the  following: — (1) 
payments  of  interest  and  payments  in  reduction  of  princi- 
pal on  the  bond  of  the  authority  issued  to  the  district  under 
section  seven  A;  (2)  payments  of  interest  on  the  bond  of 
the  authority  executed  and  delivered  to  the  district  under 
paragraph  (c)  of  section  eight  A  and  payments  of  all  sums 
payable  by  the  authority  on  its  note  executed  and  delivered 
to  the  district  under  said  paragraph  (c);  (3)  payments  of 
interest  (with  credit  or  charge,  if  any,  for  amortization  of 
premium,  discount  and  expense)  and  payments  of  principal 
on  bonds  and  notes  of  the  authority  issued  to  the  district 
under  section  twentj^^-two ;  (4)  payments  of  interest  (with 
credit  or  charge,  if  any,  for  amortization  of  premium,  dis- 
count and  expense)  on  all  bonds  of  the  authority  issued  to 
the  district  under  paragraph  (j)  of  section  eight  A  and  under 
section  six  of  chapter  six  hundred  and  forty-nine  of  the  acts 
of  nineteen  hundred  and  forty-nine;  (5)  payments  of  rentals 
and  other  charges  under  leases  or  contracts  for  use  of  sub- 
way and  rapid  transit  facilities  owned  by  the  commonwealth. 

Section  4.  Notwithstanding  the  provisions  of  section 
two  of  chapter  five  hundred  and  forty-four  of  the  acts  of 
nineteen  hundred  and  forty-seven,  as  amended  by  section 
two  of  this  act,  relative  to  residential  qualifications,  any 
member  of  the  board  of  trustees  of  the  Metropolitan  Transit 
Authority  holding  office  immediately  prior  to  the  effective 
date  of  this  act,  may,  upon  the  expiration  of  his  term  of 
office,  be  reappointed  to  said  board. 

Section  5.  This  act  shall  take  effect  on  November  first, 
nineteen  hundred  and  fifty-five. 

Approved  August  29,  1955. 


Acts,  1955.  — Chap.  726.  739 

An  Act  further  extending  the  opportunity  to  cities  C hap. 72Q 

AND    towns    to    borrow    UNDER    THE    ACT    CREATING    THE 
EMERGENCY   FINANCE   BOARD. 

Whereas,  The  provisions  of  law  sought  to  be  extended  by  Emergency 
this  act  would,  but  for  this  act,  shortly  cease  to  be  effective,  p''*'^""''^^- 
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  public 
convenience. 

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  262  of  the  acts  of  1955,  and  inserting 
in  place  thereof  the  following  section :  —  Section  2.  The 
treasurer  of  any  city  or  town,  if  authorized  by  a  two-thirds 
vote,  as  defined  by  section  one  of  chapter  forty-four  of  the 
General  Laws,  and  with  the  approval  of  the  mayor  or  the 
selectmen,  may,  on  behalf  of  such  city  or  town,  petition  the 
board  to  approve  of  its  borrowing  money  from  the  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  borrow- 
ing as  aforesaid  of  specified  sums  not  at  any  time  exceeding, 
m  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  purposes  of 
sale  to  the  commonwealth  only,  and  said  notes,  upon  their 
tender  to  the  state  treasurer,  shall  forthwith  be  purchased 
by  the  commonwealth  at  the  face  value  thereof.  Such  notes 
shall  be  payable  in  not  more  than  one  year,  and  may  be 
renewed  from  time  to  time,  if  authorized  by  the  board,  but 
no  renewal  note  shall  be  for  a  period  of  more  than  one  j^ear, 
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  provisions.  Indebted- 
ness incurred  by  a  cit}^  or  town  under  authority  of  this  act 
shall  be  outside  its  limit  of  indebtedness  as  fixed  by  chapter 
forty-four  of  the  General  Laws.  The  excess,  if  anj'-,  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 


740  Acts,  1955. —  Chap.  727. 

of  administration  of  the  funds  provided  by  sections  three 
and  five  shall  be  distributed  to  such  cities  and  towns  in 
Kovember,  nineteen  hundred  and  fifty-nine,  or  earlier  at 
the  discretion  of  the  board,  in  the  proportion  which  the  ag- 
gregate 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  sec- 
tion 2  of  said  chapter  262,  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- 
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  million  dollars.  Such  notes  shall  be  issued  for 
such  maximum  term  of  years  as  the  governor  may  recom- 
mend to  the  general  court  in  accordance  with  section  3  of 
Article  LXII  of  the  Amendments  to  the  Constitution  of  the 
Commonwealth,  but  such  notes,  whether  original  or  renewal, 
shall  be  payable  not  later  than  June  thirtieth,  nineteen  hun- 
dred and  sixty.  All  notes  issued  under  this  section  shall  be 
signed  by  the  state  treasurer,  approved  by  the  governor  and 
countersigned  by  the  comptroller. 

Section  3.  Chapter  two  hundred  and  sixty-two  of  the 
acts  of  nineteen  hundred  and  fifty-five  is  hereby  repealed. 
All  proceedings,  votes  and  acts  heretofore  had,  taken  or 
done  under  section  one  of  said  chapter  two  hundred  and 
sixty-two  in  so  far  as  the  same  may  be  invalid  bj''  reason  of 
said  chapter  two  hundred  and  sixty-two  not  being  enacted 
by  vote,  taken  by  the  yeas  and  nays,  of  two  thirds  of  each 
branch  of  the  general  court,  are  hereby  validated  and  con- 
firmed. Approved  Aiigust  SO,  1955. 


Chav  727  ^^  ^^^  providing  for  the  purchase  by  the  common- 

WEALTH  OF  MEAT  AND  MEAT  PRODUCTS  ONLY  FROM  INDUS- 
TRIES BASED  ON  PREVAILING  WAGE  RATES  AND  WORKING 
HOURS. 

Be  it  enacted,  etc.,  as  follows: 

Edw^"'  Section  22  of  chapter  7  of  the  General  Laws  is  hereby 

§  22."  etc.,  amended  by  inserting  after  clause  (17)  the  following  clause:  — 

amended.  Qg^  Coutracts  or  ordcrs  for  meats  and  meat  products 

weStb°to  shall  be  given  to  such  establishments  only  as  pay  the  prevail- 

S^afproducts  ^^^g  ^^^^  of  wagcs,  bascd  on  a  working  day  of  eight  hours, 

from  certain  with  not  morc  than  forty  hours  in  any  one  week.    The  pre- 

^ay^certai^'^"  vailiug  rate  of  wages  shall  be  determined  by  the  commis- 


wage  rates, 
etc. 


Acts,  1955.  — Chap.  728.  741 

sioner  of  labor  and  industries  as  herein  provided.  Said  pre- 
vailing rates  shall  be  based  on  wage  rates  and  working  hours 
that  have  been  established  in  the  meat  and  meat  products 
industry  by  collective  agreement  or  understanding  between 
organized  labor  and  employers.  At  least  once  in  six  months 
said  commissioner  shall  prepare  and  furnish  for  the  use  of 
said  commission,  or  other  awarding  officials,  a  list  of  the 
several  classifications  usually  performed  by  the  emplo3'ees 
in  the  meat  and  meat  products  industry  together  with  the 
prevailing  rate  of  wages  and  working  hours. 

Every  contractor,  subcontractor  or  other  employer,  en- 
gaged in  any  work  to  which  this  section  applies  shall  keep  a 
true  and  accurate  record  of  all  employees,  showing  the  name, 
address  and  occupational  classification  of  each  employee, 
and  the  hours  worked  by,  and  the  wages  paid  to,  each  such 
employee,  and  shall  furnish  to  said  commissioner  upon  his 
request  a  true  statement  of  the  contents  of  such  record.  Such 
records  shall  be  kept  in  such  manner  as  said  commissioner 
shall  prescribe,  and  shall  be  open  to  inspection  by  any 
authorized  representative  of  said  commission  or  of  the  de- 
partment of  labor  and  industries  at  any  reasonable  time  and 
as  often  as  may  be  necessary. 

Whoever,  for  himself  or  as  an  agent,  superintendent  or 
foreman  for  another,  violates  any  provision  of  this  section 
shall  be  punished  for  a  first  offense  by  a  fine  of  not  less  than 
twenty-five  nor  more  than  one  hundred  dollars,  and  for  a  sub- 
sequent offense  by  a  fine  of  not  less  than  fifty  nor  more  than 
two  hundred  dollars,  or  by  imprisonment  for  not  more  than 
three  months,  or  both.  Whoever  shall  have  been  convicted 
of  a  second  violation  of  any  provision  of  this  section  shall  be 
prohibited  from  contracting,  directly  or  indirectly,  with  the 
commonwealth  for,  or  from  performing,  any  work  covered 
by  this  section  as  contractor  or  subcontractor  for  a  period 
of  two  j^ears  from  the  date  of  said  con\dction. 

Bonds,  satisfactory  to  said  commission,  or  other  awarding 
official,  may  be  required  to  be  given  by  the  party  to  whom 
any  contract  is  awarded,  to  secure  its  faithful  performance. 

Approved  August  SO,  1956. 

An  Act  authorizing  a  monthly  transportation  allow-  QJiq^jj  728 

ance  under  the  old  age  assistance  law.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  third  paragraph  of  section  1  of  chapter  g.  l.  (Ter. 
118A  of  the  General  Laws,  as  most  recently  amended  by  f  i;^;"^^' 
section  2  of  chapter  801  of  the  acts  of  1951,  is  hereby  fur-  amended, 
ther  amended  by  inserting  after  the  word  "section",  in  line  6, 
the  following  words:  —  and  an  item,  to  be  known  as  "Trans-  Transportation 
portation  Allowance",  under  which  there  shall  be  paid  to  cemhfre-^"'^ 
each  recipient  who  is  not  an  inmate  of  a  nursing  home  or  cipients. 
institution  the  sum  of  two  dollars  and  fifty  cents  monthly. 

Section  2.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  fifty-six.     Approved  August  SO,  1955. 


742 


Acts,  1955.  — Chaps.  729,  730. 


Chap. 72^  An  Act  providing  for  the  payment  of  an  annuity  by 

PLYMOUTH  COUNTY  TO  THEODORE  W.  BISBEE,  SPECIAL 
JUSTICE  OF  THE  THIRD  DISTRICT  COURT  OF  PLYMOUTH 
COUNTY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  public 
good,  and  in  consideration  of  his  long  and  meritorious  service 
as  a  special  justice  of  the  third  district  court  of  Plymouth 
county,  the  county  of  Plymouth  is  hereby  authorized  to  pay 
to  Theodore  W.  Bisbee  an  annuity  of  one  thousand  dollars 
for  a  period  of  five  years  beginning  July  first,  nineteen  hun- 
dred and  fifty-five,  and  payable  in  equal  monthly  instal- 
ments. 

Section  2.  This  act  shall  take  full  effect  upon  its  ac- 
ceptance by  the  county  commissioners  of  Plymouth  county. 

{The  foregoing  ivas  laid  before  the  governor  on  the  twenty- 
fourth  day  of  August,  1955,  and  after  five  days  it  had  "the 
force  of  a  law",  as  prescribed  by  the  constitution,  as  it  was  not 
returned  by  him  with  his  objections  thereto  within  that  time.) 


C hap. 7dO         An  Act  revising  certain  statutory  salaries. 


G.  L.  (Ter. 
Ed.),  6,  §  2, 
etc.,  amended. 


Salary  of 

lieutenant 

governor. 


G.  L.  (Ter. 
Ed.),  6,  §  48, 
etc.,  amended. 


Chairman's 
salary. 


G.  L.  (Ter. 
Ed.),  6,  §  66, 
etc.,  amended. 


Chairman's 
salary. 


G.  L.  (Ter. 
Ed.),  7,  §  3, 
etc.,  amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  2  of  chapter  6  of  the  General  La-ws, 
as  amended  by  chapter  722  of  the  acts  of  1949,  is  hereby 
further  amended  by  striking  out,  in  line  2,  the  word  "eight" 
and  inserting  in  place  thereof  the  word :  —  eleven,  —  so  as 
to  read  as  follows :  —  Section  2.  The  lieutenant  governor 
shall  receive  a  salary  of  eleven  thousand  dollars;  but  if  the 
office  of  governor  shall  be  vacant  for  a  period  of  more  than 
thirty  days  he  shall,  for  the  time  during  which  he  performs 
the  duties  of  governor,  receive  at  the  rate  allowed  to  the 
governor. 

Section  2.  The  third  paragraph  of  section  48  of  said 
chapter  6,  as  appearing  in  section  2  of  chapter  374  of  the 
acts  of  1934,  is  hereby  amended  by  striking  out  the  first 
sentence  and  inserting  in  place  thereof  the  following  sen- 
tence :  —  The  chairman  shall  receive  a  salary  of  seven 
thousand  dollars  and  each  other  member  shall  receive  a 
salary  of  six  thousand  dollars. 

Section  2A.  Section  66  of  said  chapter  6,  as  amended 
by  section  2  of  chapter  605  of  the  acts  of  1952,  is  hereby 
further  amended  by  striki/ig  out  the  second  sentence  and 
inserting  in  place  thereof  the  following  sentence :  —  The 
chairman  shall  receive  a  salary  of  twelve  thousand  dollars, 
and  each  of  the  other  members  shall  receive  a  salary  of 
eleven  thousand  dollars,  and  each  member  shall  also  be  re- 
imbursed for  his  expenses  actually  and  necessarily  incurred 
by  him  in  the  performance  of  his  official  duties. 

Section  3.  Section  3  of  chapter  7  of  the  General  Laws, 
as  appearing  in  section  1  of  chapter  717  of  the  acts  of  1051, 
is  hereby  amended  by  striking  out  the  fourth  sentence  and 


Acts,  1955.  —  Chap.  730.  743 

inserting  in  place  thereof  the  following  sentence :  — ■  He  shall  Salary  of 
receive  such  salary  not  exceeding  fourteen  thousand  dollars,  '=°™™'^»'°n«'"- 
as  the  governor  and  council  may  determine,  and  shall  devote 
his  entire  time  to  the  duties  of  his  office. 

Section  4.    Section  4  of  said  chapter  7,  as  most  recently  g.  l.  (Ter. 
amended  by  section  2  of  said  chapter  717  of  the  acts  of  1951,  ftc'^'^^g^^fil^j 
is  hereby  further  amended  by  striking  out  the  third  sentence  '^  *^ '  '^'"''°' 
and  inserting  in  place  thereof  the  following  sentence :  —  salaries  of 
Each  of  such  commissioners  shall  receive  such  salary  not  commissioners. 
exceeding  twelve  thousand  five  hundred  dollars  as  the  gov- 
ernor and  council  may  determine. 

Section  5.    Section  1  of  chapter  9  of  the  General  Laws,  g  l  (Ter 
as  most  recently  amended  by  section  1  of  chapter  789  of  the  Ed.)  ,"9,  §  i. 
acts  of  1949,  is  hereby  further  amended  by  striking  out  the  *^*''"  ''°^^°'^*'^- 
third  sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  The  state  secretary  shall  receive  a  salary  of  Salary  of  state 
eleven  thousand  dollars.  secretary. 

Section  6.    Section  1  of  chapter  10  of  the  General  Laws,  g.  l.  (Ter. 
as  most  recently  amended  by  section  2  of  said  chapter  789,  ^io'^'ameidld 
is  hereby  further  amended  by  striking  out  the  second  sen- 
tence and  inserting  in  place  thereof  the  following  sentence :  —  saiary  of  state 
The  state  treasurer  shall  receive  a  salary  of  eleven  thousand  *'^^surer. 
dollars. 

Section  7.    Section  1  of  chapter  11  of  the  General  Laws,  g.  l.  (Ter. 
as  most  recently  amended  by  section  3  of  said  chapter  789,  ftc.! 'amended, 
is  hereby  further  amended  by  striking  out  the  second  sen- 
tence and  inserting  in  place  thereof  the  following  sentence :  —  Salary  of  state 
The  state  auditor  shall  receive  a  salary  of  eleven  thousand  ^"^^'^^o*"- 
dollars  and  shall  give  to  the  state  treasurer  a  bond  for  the 
faithful  performance  of  his  official  duties  in  a  penal  sum  and 
with  sureties  approved  by  the  governor  and  council. 

Section  8.    Section  1  of  chapter  12  of  the  General  Laws,  g.  l.  (Ter. 
as  most  recently  amended  by  section  4  of  said  chapter  789,  ftci^'ameided. 
is  hereby  further  amended  by  striking  out  the  second  sen- 
tence and  inserting  in  place  thereof  the  following  sentence :  —  Salary  of 
The  attorney  general  shall  receive  a  salary  of  fifteen  thou-  gene™if 
sand  dollars. 

Section  9.    The  second  paragraph  of  section  2  of  chap-  g.  l.  (Ter. 
ter  13  of  the  General  Laws,  as  most  recently  amended  by  ftl!  amended 
chapter  716  of  the  acts  of  1951,  is  hereby  amended  by  strik- 
ing out  the  last  sentence  and  inserting  in  place  thereof  the 
following  sentence :  —  The  said  director  shall  receive  such  Salary  of  the 
salary,  not  exceeding  twelve  thousand  five  hundred  dollars,    ''"^''*°'"- 
as  the  governor  and  council  may  determine. 

Section  10.     Section  2A  of  said  chapter  13  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  the  fourth  sentence,  as  most  re-  §  2Aflti., 
cently  amended  by  chapter  473  of  the  acts  of  1952,  and  amended.' 
inserting  in  place  thereof  the  following  sentence :  —  The  Salaries  of 
chairman  shall  receive  thirty-five  dollars  a  day,  and  each  com^s^s^onera. 
other  commissioner  shall  receive  thirty  dollars  a  day,  while 
attending  meetings  of  the  commission  or  while  performing 
any  duties  of  his  office  required  of  him  by  the  chairman  or 
by  this  chapter  or  chapter  thirty-one,  but  in  any  state  fiscal 


744 


Acts,  1955. —  Chap.  730. 


G.  L.  (Ter. 
Ed.).  13.  §  8, 
etc.,  amended. 


Salary  of  the 
director. 


G.  L.  (Ter. 
Ed.).  13.  §  11, 
etc.,  amended. 


Salaries  of 
secretary, 
chairman  and 
members. 


G.  L.  (Ter. 
Ed.).  13, 
§  12C,  etc., 
amended. 

Salaries  of  the 
secretary  and 
members. 


G.  L.  (Ter. 
Ed.),  13,  §  15, 
etc.,  amended. 


Compensation 
of  members. 


G.  L.  (Ter. 
Ed.),  13, 
§  15C,  etc., 
amended . 

ComiJensation 
of  appointive 
members. 


year,  not  more  than  six  thousand  dollars  shall  be  paid  to 
the  chairman  and  not  more  than  five  thousand  dollars  shall 
be  paid  to  any  other  commissioner. 

Section  11.  Section  8  of  said  chapter  13,  as  most  re- 
cently amended  by  section  1  of  chapter  627  of  the  acts  of 
1952,  is  hereby  further  amended  by  striking  out  the  first 
sentence  and  inserting  in  place  thereof  the  following  sen- 
tence: —  The  division  of  registration  shall  be  under  the  super- 
vision of  a  director,  to  be  known  as  the  director  of  registra- 
tion, at  such  salary,  not  exceeding  six  thousand  dollars,  as 
the  governor  and  council  may  determine. 

Section  12.  Section  11  of  said  chapter  13  is  hereby 
amended  by  striking  out  the  last  sentence,  as  amended  by 
chapter  529  of  the  acts  of  1953,  and  inserting  in  place  thereof 
the  following  sentence :  —  There  shall  be  paid  by  the  com- 
monwealth to  the  secretary  of  the  board  a  salary  of  four 
thousand  five  hundred  dollars,  to  the  chairman  of  the  board 
a  salary  of  one  thousand  dollars,  to  each  of  the  other  mem- 
bers thereof  a  salary  of  eight  hundred  dollars,  and  to  each 
member  thereof  his  necessary  traveling  expenses  actually 
incurred  in  attending  the  meetings  of  the  board. 

Section  13.  Said  chapter  13  is  hereby  further  amended 
by  striking  out  section  12C,  inserted  by  section  1  of  chapter 
425  of  the  acts  of  1937,  and  inserting  in  place  thereof  the 
following  section:  —  Section  12C.  There  shall  be  paid  by 
the  commonwealth  to  the  secretary  of  the  board  a  salary  of 
four  hundred  dollars,  and  his  necessary  expenses  incurred  in 
the  discharge  of  his  official  duties,  and  to  each  of  the  other 
members  thereof  a  salary  of  two  hundred  dollars,  and  his 
necessary  expenses  so  incurred;  provided,  that  the  salaries 
and  expenses  of  the  members  of  the  board,  and  the  expenses 
of  the  board,  shall  not  be  in  excess  of  the  receipts  for  regis- 
tration and  from  other  sources  received  by  the  state  treas- 
urer from  the  board. 

Section  14.  Said  chapter  13  is  hereby  further  amended 
by  striking  out  section  15,  as  most  recently  amended  by 
section  2  of  chapter  620  of  the  acts  of  1941,  and  inserting 
in  place  thereof  the  following  section:  —  Section  15.  Each 
member  of  the  board,  except  the  secretary,  shall  receive  as 
compensation  four  hundred  dollars  a  year  for  the  perform- 
ance of  his  duties,  and  also  his  necessary  traveling  expenses 
actually  incurred  in  attending  the  meetings  of  the  board,  but 
subject  to  section  fifteen  D. 

Section  15.  Said  chapter  13  is  hereby  further  amended 
by  striking  out  section  15C,  inserted  by  said  section  2  of 
said  chapter  620  of  the  acts  of  1941,  and  inserting  in  place 
thereof  the  following  section:  —  Section  15C.  Each  appoin- 
tive member  of  the  approving  authority  shall  receive  eight 
dollars  for  each  day  actually  spent  in  the  performance  of  his 
duties,  and  also  his  necessary  traveling  expenses  actually  in- 
curred in  attending  the  meetings  of  the  approving  authority 
and  inspections  by  the  approving  authority,  but  subject  to 
section  fifteen  D. 


Acts,  1955. —  Chap.  730.  745 

Section  16.    Said  chapter  13  is  hereby  further  amended  E;i^'^J^§ig 
by  striking  out  section  18,  as  appearing  in  the  Tercentenary  amended. 
Edition,  and  inserting  in  place  thereof  the  foHowing  section: 
—  Section  IS.    There  shall  be  paid  by  the  commonwealth  to  Salaries  of  the 
the  secretary  of  the  board  a  salary  of  six  hundred  dollars,  to  ^embera  ^^'^ 
each  other  member  thereof  a  salary  of  four  hundred  and 
fifty  dollars  and  to  each  member  thereof  his  necessary  travel- 
ing expenses  actually  incurred  in  attending  the  meetings  of 
the  board,  not  exceeding  four  cents  a  mile  each  way,  and 
such  other  expenses  of  the  board  as  are  incurred  under  sec- 
tion  sixteen   or  seventeen   or  under  sections  sixty-six   to 
seventy-three,  inclusive,  of  chapter  one  hundred  and  twelve. 

Section  17.    Section  21  of  said  chapter  13,  as  so  appear-  g.  l.  (Ter. 
ing,  is  hereby  amended  by  striking  out  the  first  sentence  and  amended  *  ^^* 
inserting  in  place  thereof  the  following  sentence:  —  There  o„,  ,•     . 

1111-11  1  11  1  1-  ci        oalanes  ol 

shall  be  paid  by  the  commonwealth  to  the  chairman  of  the  chairman, 
board  a  salary  of  one  thousand  dollars,  to  the  secretary  members. "° 
thereof  fifteen  hundred  dollars,  and  to  the  other  members 
thereof  eight  hundred  dollars  each,  and  to  each  member 
thereof  his  necessary  traveling  expenses  actually  incurred  in 
attending  meetings  of  the  board. 

Section  18.     Section  32  of  said  chapter   13  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  the  fifth  sentence,  as  appearing  in  ftl'!  amended, 
section  1  of  chapter  420  of  the  acts  of  1935,  and  inserting  in 
place  thereof  the  following  sentence:  —  The  members,  ex  Salaries  of 
officiis,  shall  receive  no  compensation  for  their  services  under  memblrs^^ 
chapter  one  hundred  and  forty-one,  but  the  appointive  mem- 
bers shall  each  receive  for  their  services  thereunder  a  salary 
of  six  hundred  dollars. 

Section  19.    Section  38  of  said  chapter  13,  as  appearing  S^^-^p^ 
in  the  Tercentenary  Edition,  is  hereby  amended  by  striking  amended.      ' 
out  the  first  sentence  and  inserting  in  place  thereof  the  fol- 
lowing sentence:  —  There  shall  be  paid  by  the  commonwealth  f^^^J^^^'^a  d 
to  the  chairman  of  the  examiners  a  salary  of  six  hundred  members, 
dollars  and  to  each  other  member  thereof  a  salary  of  four 
hundred  dollars,  and  to  each  member  thereof  his  necessary 
traveling  expenses  actually  incurred  in  attending  meetings 
of  the  examiners. 

Section  20.    Said  chapter  13  is  hereby  further  amended  Ed^i3!^§'44. 
by  striking  out  section  44,  as  most  recently  amended  by  etc",  amended! 
chapter  561  of  the  acts  of  1951,  and  inserting  in  place  thereof 
the  following  section :  —  Section  44-     The  members  of  the  Salaries  of 
board  shall  devote  their  full  time  to  the  duties  of  the  oflSces,  me^'mi^rs.  ^^^ 
and  they  shall  receive  from  the  commonwealth  the  following 
salaries:  —  the   chairman,   four   thousand   dollars   and   his 
necessary  expenses  incurred  in  the  discharge  of  his  official 
duties,   and   each   of  the   other  two  members,   thirty-five 
hundred  dollars  and  his  necessary  expenses  so  incurred; 
provided,  that  the  salaries  and  expenses  of  the  members  of 
the  board,  and  the  expenses  of  the  board,  shall  not  be  in 
excess  of  the  receipts  for  registration  and  from  other  sources 
received  by  the  state  treasurer  from  the  board. 

Section  21.    Section  44D  of  said  chapter  13,  inserted  by 


746 


Acts,  1955. —  Chap.  730. 


G.  L.  (Ter. 
Ed.).  13. 
§  44D,  etc., 
amended. 

Compensation 
of  members. 


G.  L.  (Ter. 
Ed.),  15, 
§  IB,  etc., 
amended. 


Salary  of  the 
commissioner. 


G.  L.  (Ter. 
Ed.),  16,  §  5, 
etc.,  amended. 


Salary  of  the 
registrar. 


G.  L.  (Ter. 
Ed.),  17,  §  2, 
etc.,  amended. 


Salary  of  the 
commissioner. 

G.  L.  (Ter. 
Ed.),  18,  §  2, 
etc.,  amended. 


Salary  of  the 
commissioner. 


G.  L.  (Ter. 
Ed.),  20,  §  2, 
etc.,  amended. 


Salary  of  the 
commissioner. 


G.  L.  (Ter. 
Ed.),  22,  §  2, 
etc.,  amended. 


Salary  of  the 
commissioner. 


G.  L.  (Ter. 
Ed.),  22,  §  10, 
amended. 


section  1  of  chapter  696  of  the  acts  of  1941,  is  hereby  amended 
by  striking  out  the  first  sentence  and  inserting  in  place 
thereof  the  following  sentence :  —  Each  member  of  the  board 
shall  receive  fifteen  dollars  for  each  day  or  portion  thereof 
spent  in  the  performance  of  his  official  duties;  provided, 
that  the  total  sum  paid  to  any  member  thereof  shall  not 
exceed  six  hundred  dollars  in  any  one  year;  and,  in  addition, 
all  proper  traveling  and  incidental  expenses  actually  in- 
curred by  him  in  connection  with  said  duties. 

Section  22.  Section  IB  of  chapter  15  of  the  General 
Laws,  as  amended  by  section  1  of  chapter  585  of  the  acts  of 
1952,  is  hereby  further  amended  by  striking  out  the  second 
sentence  and  inserting  in  place  thereof  the  following  sen- 
tence :  —  The  commissioner  shall  receive  such  salary,  not 
exceeding  fourteen  thousand  dollars,  as  the  board  may 
determine. 

Section  23.  Section  5  of  chapter  16  of  the  General  Laws 
is  hereby  amended  by  striking  out  the  third  sentence,  as 
amended  by  chapter  708  of  the  acts  of  1950,  and  inserting  in 
place  thereof  the  following  sentence:  —  The  registrar  shall 
receive  such  salary,  not  exceeding  twelve  thousand  five 
hundred  dollars,  as  the  governor  and  council  may  determine. 

Section  24.  Section  2  of  chapter  17  of  the  General  Laws, 
as  most  recently  amended  by  chapter  794  of  the  acts  of  1950, 
is  hereby  further  amended  by  striking  out  the  third  sentence 
and  inserting  in  place  thereof  the  following  sentence :  — 
The  commissioner  shall  receive  a  salary  of  fourteen  thousand 
dollars. 

Section  25.  Section  2  of  chapter  18  of  the  General  Laws, 
as  most  recently  amended  b}''  section  2  of  chapter  646  of  the 
acts  of  1954,  is  hereby  further  amended  by  striking  out  the 
third  sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  The  commissioner  shall  receive  such  salary, 
not  exceeding  twelve  thousand  five  hundred  dollars,  as  the 
governor  and  council  determine. 

Section  26.  Section  2  of  chapter  20  of  the  General  Laws, 
as  most  recently  amended  by  section  1  of  chapter  674  of  the 
acts  of  1954,  is  hereby  further  amended  by  striking  out  the 
second  sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  The  commissioner  shall  receive  such  salary,  not 
exceeding  ten  thousand  dollars,  as  the  governor  and  coun- 
cil may  determine,  and  travehng  expenses  incurred  in  his 
official  duties. 

Section  27.  Section  2  of  chapter  22  of  the  General 
Laws,  as  most  recently  amended  by  chapter  570  of  the  acts 
of  1951,  is  hereby  further  amended  by  striking  out  the  sec- 
ond sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  The  commissioner  shall  receive  such  salary,  not 
exceeding  twelve  thousand  five  hundred  dollars,  as  the  gov- 
ernor and  council  determine. 

Section  28.  Section  10  of  said  chapter  22,  as  appearing 
in  the  Tercentenary  Edition,  is  hereby  amended  by  strik- 
ing out  the  third  sentence  and  inserting  in  place  thereof  the 


Acts,  1955.  —  Chap.  730.  747 

following  sentence:  —  The  associate  members  shall  receive  Compensation 
as  compensation  for  service  and  reimbursement  for  expenses  membTrs!**^ 
such  sums  as  the  governor  and  council  shall  determine,  not 
exceeding  in  all  twelve  hundred  dollars  a  year. 

Section  29.     Section  11  of  said  chapter  22,  as  amended  Sj^/Pl' ,, 
by  section  1  of  chapter  643  of  the  acts  of  1945,  is  hereby  etc!, 'amended*. 
further  amended  by  striking  out  the  fourth  paragraph  and 
inserting  in  place  thereof  the  following  paragraph:  — ■ 

Each  member  of  said  board  shall  be  paid  twenty-five  dol-  Compensation 
lars  for  each  day  while  in  the  actual  performance  of  his  °  '^^^  ''"■ 
duties  as  such,  but  not  exceeding  one  thousand  dollars  in 
any  fiscal  year,  and  shall  also  receive  from  the  common- 
wealth all  expenses  necessarily  incurred  by  him  in  connec- 
tion with  his  official  duties. 

Section  30.     Section    13  of  said  chapter  22  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  the  fourth  paragraph,  as  appearing  ^tc'^'am^ndld 
in  section  1  of  chapter  645  of  the  acts  of  1945,  and  inserting 
in  place  thereof  the  following  paragraph :  — 

Each  member  of  said  board  shall  be  paid  twenty-five  dol-  Same  subject, 
lars  for  each  day  while  in  the  actual  performance  of  his 
duties  as  such,  but  not  exceeding  one  thousand  dollars  in 
any  fiscal  year,  and  shall  also  receive  from  the  commonwealth 
all  expenses  necessarily  incurred  by  him  in  connection  with 
his  official  duties. 

Section  31.    Section  14  of  said  chapter  22,  inserted  by  g.  l.  (Ter. 
section  1  of  chapter  710  of  the  acts  of  1945,  is  hereby  amended  ^tci^amended. 
by  striking  out  the  fourth  paragraph  and  inserting  in  place 
thereof  the  following  paragraph :  — 

Each  member  of  said  board  shall  be  paid  twenty-five  dol-  Same  subject. 
lars  for  each  day  while  in  the  actual  performance  of  his 
duties  as  such,  but  not  exceeding  one  thousand  dollars  in 
any  fiscal  year,  and  shall  also  receive  from  the  common- 
wealth all  expenses  necessarily  incurred  by  him  in  connec- 
tion with  his  oSicial  duties. 

Section  32.    Section  2  of  chapter  23  of  the  General  Laws,  q.  l.  (Ter. 
as  most  recently  amended  by  chapter  560  of  the  acts  of  1951,  ^tc'^'amendfd 
is  hereby  further  amended  by  striking  out  the  second  sen- 
tence and  inserting  in  place  thereof  the  following  sentence :  —  salary  of  the 
The  commissioner  shall  receive  such  salary  not  exceeding  commissioner, 
twelve  thousand  five  hundred  dollars,  and  the  assistant  com- 
missioner and  the  associate  commissioner  such  salaries  not 
exceeding  eight  thousand  dollars,  as  the  governor  and  coun- 
cil may  determine. 

Section  33.    Section  91  of  said  chapter  23,  as  most  re-  g.  l.  (Ter. 
cently  amended  by  chapter  792  of  the  acts  of  1950,  is  hereby  ^'^-^'^^^ 
further  amended  by  striking  out  paragraph  (6)  and  insert-  amekded! 
ing  in  place  thereof  the  following  paragraph:  — 

(b)  The  director  shall  receive  a  salary  of  eleven  thousand  Salary  of 

,    ,\  '  "^  director. 

dollars. 

Section  34.     Section  9P  of  said  chapter  23  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  the  first  sentence,  as  amended  by  fgp'Jfc.. 
chapter  709  of  the  acts  of  1950,  and  inserting  in  place  thereof  ameAded.' 
the  following  sentence :  —  The  chairman  of  the  commission 


748 


Acts,  1955.  —  Chap.  730. 


Salaries  of 
chairman  and 
members. 


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

Compensation 
of  council 
members. 


G.  L.  (Ter. 
Ed.),  23,  §  15, 
etc.,  amended. 


Industrial 
accident 
board,  mem- 
bership, 
salaries,  etc. 


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


Salary  of  the 
commissioner. 


G.  L.  (Ter. 
Ed.),  25,  §  2, 
etc.,  amended. 


Salaries  of 
chairman  and 
commissioners. 


G.  L.  (Ter. 
Ed.),  26.  §  2, 
etc..  amended. 


Salary  of  the 
commissioner. 


G.  L.  (Ter. 
Ed.).  26.  §  6. 
etc.,  amended. 


Salary  of  the 
commissioner. 


shall  receive  a  salary  of  eight  thousand  dollars,  and  each  of 
the  other  members  shall  receive  a  salary  of  seventy-five  hun- 
dred dollars  a  year,  and  each  member  shall  be  eligible  for  re- 
appointment, and  shall  not  engage  in  any  other  business, 
vocation  or  employment. 

Section  35.  Section  HE  of  said  chapter  23,  inserted  by 
section  2  of  chapter  707  of  the  acts  of  1941,  is  hereby  amended 
by  striking  out  the  sixth  sentence  and  inserting  in  place 
thereof  the  following  sentence :  —  Each  member  of  the  coun- 
cil not  otherwise  compensated  by  the  commonwealth  shall 
be  reimbursed  for  transportation  and  other  necessary  ex- 
penses, and  shall  be  paid  not  more  than  fifteen  dollars  per 
day  for  each  day  spent  in  attendance  at  meetings  of  the 
apprenticeship  council. 

Section  36.  Section  15  of  said  chapter  23,  inserted  by 
section  1  of  chapter  314  of  the  acts  of  1953,  is  hereby  amended 
by  striking  out  the  first  sentence  and  inserting  in  place 
thereof  the  following  sentence :  —  The  industrial  accident 
board  shall  consist  of  nine  members,  one  of  whom  shall  be  a 
woman,  at  such  salaries  not  exceeding  nine  thousand  dol- 
lars each,  as  the  governor  and  council  determine,  except  that 
the  chairman,  who  shall  be  designated  by  the  governor,  shall 
receive  such  salary,  not  exceeding  ten  thousand  dollars,  as 
the  governor  and  council  determine. 

Section  37.  Section  2  of  chapter  23A  of  the  General 
Laws,  as  appearing  in  section  1  of  chapter  409  of  the  acts 
of  1953,  is  hereby  amended  by  striking  out  the  second  sen- 
tence and  inserting  in  place  thereof  the  following  sentence :  — 
The  commissioner  shall  receive  a  salary  not  exceeding  twelve 
thousand  five  hundred  dollars,  as  the  governor  and  council 
determine. 

Section  38.  Section  2  of  chapter  25  of  the  General  Laws, 
as  most  recently  amended  by  section  1  of  chapter  296  of  the 
acts  of  1953,  is  hereby  further  amended  by  striking  out  the 
fifth  sentence  and  inserting  in  place  thereof  the  following 
sentence :  —  The  chairman  shall  receive  such  salary,  not  ex- 
ceeding twelve  thousand  five  hundred  dollars,  and  each  of 
the  other  commissioners  such  salary,  not  exceeding  nine 
thousand  dollars,  as  the  governor  and  council  determine. 

Section  39.  Section  2  of  chapter  26  of  the  General  Lav/s, 
as  most  recently  amended  by  chapter  786  of  the  acts  of  1949, 
is  hereby  further  amended  by  striking  out  the  second  sen- 
tence and  inserting  in  place  thereof  the  following  sentence:  — 
The  commissioner  shall  receive  such  salary,  not  exceeding 
twelve  thousand  five  hundred  dollars,  as  the  governor  and 
council  determine. 

Section  40.  Section  6  of  said  chapter  26,  as  most  re- 
cently amended  by  chapter  776  of  the  acts  of  1951,  is  hereby 
further  amended  by  striking  out  the  second  sentence  and 
inserting  in  place  thereof  the  following  sentence :  —  The 
commissioner  shall  receive  such  salary,  not  exceeding  twelve 
thousand  five  hundred  dollars,  as  the  governor  and  council 
determine. 


Acts,  1955. —  Chap.  730.  749 

Section  41.    The  first  paragraph  of  section  1  of  chapter  g.  l.  (Ter. 
58 A  of  the  General  Laws,  as  appearmg  in  chapter  784  of  ftc.!'am4'dld.' 
the  acts  of  1950,  is  hereby  amended  by  striking  out  the 
fourth  sentence  and  niserting  in  place  thereof  the  following 
sentence :  —  The  chairman   of  said   board   shall   receive  a  Salaries  of 
salary  of  ten  thousand  dollars  and  each  other  member  shall  and'Tembers. 
receive  a  salary  of  nine  thousand  dollars. 

SectiOxN  41  a.    Section  12  of  chapter  75A  of  the  General  Edo^ysA^ 
Laws,  as  appearing  in  section  3  of  chapter  407  of  the  acts  of  1^^^;^^^}*^- 
1953,  is  hereby  amended  by  adding  at  the  end  the  following 
sentence :  —  The  president  shall  be  paid  an  annual  salary  of  Salary. 
twelve  thousand  dollars. 

Section  42.  On  and  after  the  effective  date  of  this  act, 
each  appointive  member  of  the  emergency  finance  board, 
established  under  section  one  of  chapter  forty-nine  of  the  acts 
of  nineteen  hundred  and  thirty-three,  shall  receive  from  the 
commonwealth  as  compensation  for  each  day's  attendance 
at  board  meetings,  when  acting  as  a  member  of  the  board  as 
provided  by  law,  the  sum  of  thirty-two  dollars;  provided, 
that  the  total  amount  paid  hereunder  to  any  member  for 
compensation  as  aforesaid  shall  not  exceed  three  thousand 
dollars  in  any  period  of  twelve  months. 

Section  43.  This  act  shall  take  effect  as  of  July  first, 
nineteen  hundred  and  fifty-five. 

Approved  August  31,  1955. 


The  Commonwealth  of  Massachusetts, 
Executive  Department.  State  House, 

Boston,  September  9,  1955. 

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

Dear  Mr.  Secretary:  —  I,  Christian  A.  Herter,  pur- 
suant to  the  provisions  of  Article  XLVIII  of  the  Amend- 
ments to  the  Constitution,  the  Referendum,  II,  Emergency 
Measures,  hereby  declare  that  in  my  opinion  the  immedi- 
ate preservation  of  the  public  convenience  requires  the  law 
being  Chapter  730  of  the  Acts  of  the  current  year,  entitled, 
"An  Act  revising  Certain  Statutory  Salaries",  and  the 
enactment  of  which  received  my  approval  August  31,  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,  in  view  of  the  fact  that  the  law  is  retroactive  to 
July  1,  1955,  make  the  act  ineffective  until  November  30, 
1955. 

Very  truly  yours, 

Christian  A.  Herter, 
Governor  of  the  Commonwealth, 


750  Acts,  1955. —  Chap.  731. 


Office  of  the  Secretary,  Boston,  September  9,  1955. 

I,  Leo  M.  Harlow,  Deputy  Secretary  of  the  Common- 
wealth, hereby  certify  that  the  accompanying  statement 
was  filed  in  this  office  by  His  Excellency  the  Governor  of 
the  Commonwealth  of  Massachusetts  at  five  o'clock  and 
fifteen  minutes,  p.m.,  on  the  above  date,  and  in  accordance 
with  Article  Forty-eight  of  the  Amendments  to  the  Con- 
stitution said  chapter  takes  effect  forthwith,  being  chapter 
seven  hundred  and  thirty  of  the  acts  of  nineteen  hundred 
and  fifty-five. 

Leo  M.  Harlow, 

Deputy  Secretary  of  the  Commonwealth. 


Chap. 7 SI  An  Act  authorizing  and  directing  the  metropolitan 

DISTRICT   commission   TO   CONSTRUCT  AND    IMPROVE   PLAY- 
GROUNDS  AND    OTHER   RECREATIONAL   FACILITIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  construct,  improve  and 
maintain  such  playgrounds,  beach  areas,  skating  rinks  and 
other  recreational  facilities  as  may  be  determined  by  said 
commission  to  be  needed  at  any  place  under  the  jurisdiction 
and  control  of  said  commission.  Said  commission  may  ex- 
pend funds  herein  provided  for  said  construction  and  im- 
provements regardless  of  whether  or  not  at  present  facilities 
may  exist  at  the  location  selected.  Expenditure  from  funds 
provided  in  this  act  are  to  be  in  addition  to  the  amounts 
appropriated  in  item  8601-23  of  section  two  of  chapter  two 
hundred  and  sixty-three  of  the  acts  of  nineteen  hundred  and 
fifty-four.  Projects  constructed  as  herein  provided  shall  not 
be  subject  to  section  thirty  A  of  chapter  seven  of  the  Gen- 
eral Laws  and  shall  include  two  skating  rinks  which  shall 
meet  the  minimum  standards  for  playing  ice  hockey,  but 
shall  be  available  at  specified  hours  for  fancy,  speed  and 
general  pubUc  skating.  For  said  purposes  the  said  commis- 
sion, on  behalf  of  the  commonwealth,  may  take  by  eminent 
domain,  under  chapter  seventy-nine  of  the  General  Laws,  or 
acquire  by  purchase  or  otherwise,  any  lands,  watercourses, 
rights  of  way  or  easements. 

Section  2.  The  metropolitan  district  commission  shall 
charge  reasonable  fees  to  cover  costs  of  maintenance  and 
operation  of  said  skating  rinks  and  amortizing  so  much  of 
the  loan  authorized  in  section  three  as  may  be  required  for 
the  construction  thereof. 

Section  3.  To  meet  the  expenditures  necessary  in  carry- 
ing out  the  construction  and  improvements  authorized  in 
section  one  of  this  act,  the  state  treasurer  shall,  upon  request 
of  the  governor  and  council,  issue  and  sell  at  public  or  pri- 
vate sale  bonds  of  the  commonwealth,  registered  or  with 
interest  coupons  attached,  as  he  may  deem  best,   to  an 


Acts,  1955. —  Chaps.  732,  733.  751 

amount  to  be  specified  by  the  governor  and  council  from 
time  to  time,  but  not  exceeding  in  the  aggregate,  the  sum  of 
one  million  dollars.  All  bonds  issued  by  the  commonwealth, 
as  aforesaid,  shall  be  designated  on  the  face,  Metropolitan 
District  Commission  Recreational  Loan  Act  of  1955,  and 
shall  be  on  the  serial  payment  plan  for  such  maximum  term 
of  years,  not  exceeding  twenty  years,  as  the  governor  may 
recommend  to  the  general  court  pursuant  to  section  3  of 
Article  LXII  of  the  Amendments  to  the  Constitution  of  the 
Commonwealth,  the  maturities  thereof  to  be  so  arranged 
that  the  amounts  payable  in  the  several  years  of  the  period 
of  amortization  other  than  the  final  year,  shall  be  as  nearly 
equal  as  in  the  opinion  of  the  state  treasurer  it  is  practicable 
to  make  them.  Said  bonds  shall  bear  interest  semi-annually 
at  such  rate  as  the  state  treasurer,  mth  the  approval  of  the 
governor,  shall  fix.  The  initial  maturities  of  such  bonds  shall 
be  payable  not  later  than  one  year  from  the  date  of  issue 
thereof,  and  the  entire  issue  not  later  than  June  thirtieth, 
nineteen  hundred  and  eighty.  All  interest  payments  and 
payments  on  account  of  principal  on  such  obb'gations  shall 
be  paid  from  the  metropolitan  district  commission  park 
funds,  to  be  assessed  by  methods  fixed  by  law. 

Section  4.    This  act  shall  take  efi'ect  upon  its  passage. 

Approved  August  81,  1955. 


An  Act  authorizing  the  trustees  op  the  Bristol  county  (Jjin^  730 

TUBERCULOSIS  HOSPITAL  TO  PENSION  EDWARD  D.  BRIGGS.  ^' 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  trustees  of  the  Bristol  county  tubercu- 
losis hospital  are  hereby  authorized  to  pay  Edward  D. 
Briggs,  a  former  employee  of  the  Bristol  county  tubercu- 
losis hospital  in  Attleboro,  an  annual  pension  in  the  sum 
of  twelve  hundred  dollars,  the  same  to  be  paid  in  monthly 
installments  of  one  hundred  dollars. 

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

Approved  August  31,  1956. 


An   Act   establishing   the   salaries   of  justices   and  Phn^  733 

CLERKS  OF  THE  SUPREME  JUDICIAL  AND  SUPERIOR  COURTS,      ^' 
OF  JUDGES  AND  RECORDERS  OF  THE  LAND  COURT,  AND  OF 
THE  JUDGES  OF  PROBATE  AND  INSOLVENCY. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  211  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  22,  as  most  recently  amended  f  22,'  eu.', 
by  section  1  of  chapter  742  of  the  acts  of  1951,  and  inserting  amended".' 
in  place  thereof  the  following  section :  —  Section  22.     The  salaries  of 
chief  justice  of  the  court  shall  receive  a  salary  of  twenty-  andVs^ciMe 
three  thousand  dollars  and  each  associate  justice  a  salary  of  justices  of  the 
twenty-two  thousand  dollars,  and  the  chief  justice  and  each  cSi'o^!"  '" 


Acts,  1955.  — Chap.  733. 


G.  L.  (Ter. 
Ed.),  212, 
§  27,  etc., 
amended. 


Salaries  of 
chief  justice 
and  associate 
justices  of 
the  superior 
court. 


G.  L.  (Ter. 
Ed.),  186, 
§  14,  etc.. 
amended. 


Salaries  of 
judge,  asso- 
ciate judges 
and  recorder 
of  the  land 
court. 


associate  justice  shall  annually  receive  from  the  common- 
wealth, upon  certificate  of  the  chief  justice,  the  amount  of 
the  expenses  incurred  by  them  in  the  discharge  of  their 
duties.  Such  justices  shall  devote  their  entire  time  during 
ordinary  business  hours  to  their  respective  duties  and  shall 
not,  directly  or  indirectly,  engage  in  the  practice  of  law. 

Section  2.  Chapter  212  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  27,  as  most  recently  amended 
by  section  2  of  said  chapter  742  of  the  acts  of  1951,  and  in- 
serting in  place  thereof  the  following  section :  —  Section  27. 
The  chief  justice  shall  receive  a  salary  of  twenty  thousand 
dollars  and  each  associate  justice  a  salary  of  nineteen  thou- 
sand dollars,  and  the  chief  justice  and  each  associate  justice 
shall  annually  receive  from  the  commonwealth,  upon  the 
certificate  of  the  chief  justice,  the  amount  of  the  expense 
incurred  by  them  in  the  discharge  of  their  duties.  Such 
justices  shall  devote  their  entire  time  during  ordinary  busi- 
ness hours  to  their  respective  duties  and  shall  not,  directly 
or  indirectly,  engage  in  the  practice  of  law. 

Section  3.  Chapter  185  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  14,  as  most  recently  amended 
by  section  3  of  said  chapter  742  of  the  acts  of  1951,  and 
inserting  in  place  thereof  the  following  section:  —  Section  14- 
The  judge  and  associate  judges  of  the  land  court  shall  each 
receive  a  salary  of  nineteen  thousand  dollars  and  each  shall 
annually  receive,  upon  the  certificate  of  the  judge,  the 
amount  of  the  expenses  incurred  by  him  in  the  discharge  of 
his  duties,  to  be  paid  by  the  commonwealth.  Such  judges, 
the  recorder  and  the  deputy  recorders  shall  devote  their 
entire  time  during  ordinary  business  hours  to  their  respective 
duties  and  shall  not,  directly  or  indirectly,  engage  in  the 
practice  of  law.  The  recorder  and  each  deputy  recorder 
shall  receive  such  salary  or  compensation  as  shall  be  fixed 
by  the  judge,  subject  to  the  approval  of  the  governor  and 
council.  Except  as  provided  in  section  ten  A,  the  compensa- 
tion and  salaries  of  examiners  of  title  and  all  assistants  and 
messengers  shall  be  fixed  by  the  governor  and  council.  All 
salaries  and  expenses  of  the  court  shall  be  paid  by  the  com- 
monwealth, except  the  salaries  of  the  assistant  recorders  and 
the  expenses  incurred  by  them  under  this  chapter  and  the 
compensation  and  expenses  of  their  technical  assistants  ap- 
pointed under  section  ten  A,  which  shall  be  paid  by  the  re- 
spective counties.  All  fees  collected  by  the  assistant  re- 
corders, except  those  received  upon  the  filing  of  petitions, 
which  shall  be  transmitted  with  the  petitions  to  the  recorder, 
shall  be  paid  to  their  respective  counties. 

Section  4.  Notwithstanding  any  provision  of  this  act  to 
the  contrary,  the  provisions  of  section  twenty-two  of  chapter 
two  hundred  and  eleven,  section  twenty-seven  of  chapter 
two  hundred  and  twelve,  and  section  fourteen  of  chapter 
one  hundred  and  eighty-five  of  the  General  Laws  in  effect 
immediately  prior  to  the  effective  date  of  chapter  seven 
hundred  and  forty-two  of  the  acts  of  nineteen  hundred  and 


Acts,  1955.  —  Chap.  734.  753 

fifty-one  and  the  provisions  of  section  thirty-four  of  chapter 
two  hundred  and  seventeen  of  the  General  Laws  in  effect  im- 
mediately prior  to  the  effective  date  of  this  act,  shall  remain 
in  effect  and  apply  to  appointment  to  the  offices,  other  than 
the  chief  justiceships,  referred  to  therein  which  are  made  on 
or  after  the  effective  date  of  this  act. 

Section  5.  Section  four  of  chapter  seven  hundred  and 
forty-two  of  the  acts  of  nineteen  hundred  and  fifty-one  is 
hereby  repealed. 

Section  6.     Chapter  221  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  93,  as  most  recently  amended  f'U'eto.l 
by  chapter  559  of  the  acts  of  1951,  and  inserting  in  place  amended. 
thereof  the  following  section:  —  Section  93.     The  clerk  of  Salaries  of 
the  supreme  judicial  court  for  the  commonwealth  shall  re-  assistant 
ceive  from  the  commonwealth  as  salary  a  sum  equivalent  to  supreme^fudi- 
sixty-five  per  cent  of  the  salary  of  an  associate  justice  of  the  cjai  court  for 

r    ■,.    .    ,  ,         n    •  1       1      1  1  the  commoo- 

supreme  judicial  court.     Said  clerk  may  employ  necessary  wealth, 
clerical  assistance  and  may  expend  for  said  purpose  such 
sums  as  may  be  appropriated  therefor,  subject,  however,  to 
the  approval  of  the  chief  justice. 

Section  7.     Chapter  217  of  the  General  Laws  is  hereby  Sj^J^^'- 
amended  by  striking  out  section  34,  as  most  recently  amended  §  34,' etc.,' 
by  section  1  of  chapter  745  of  the  acts  of  1951,  and  inserting  amended. 
in  place  thereof  the  following  section:  —  Section  34-    The  sal-  fud^es^of*^ 
aries  of  all  judges  of  probate  shall  be  paid  by  the  common-  probate  and 
wealth  and  are  hereby  established  as  follows :  —  '"^^  ^^''°^' 

County.  Salaries. 

Group      I Suffolk  $15,250 

Group    II Middlesex  14,500 

Norfolk  14,500 

Group  III Bristol  13,000 

Essex  13,000 

Hampden  13,000 

Worcester  13,000 

Group  IV Barnstable  11,500 

Berkshire  11,500 

Franklin  11,500 

Hampshire  11,500 

Plymouth  11,500 

Group    V Dukes  4,500 

Nantucket  4,500 

Section  8.  This  act  shall  take  effect  on  September  first, 
nineteen  hundred  and  fifty-five. 

Approved  September  1,  1955. 


An  Act  relative  to  the  membership  of  the  Gloucester  QJiav  734 
industrial  development  commission. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  786  of  the  acts  of  1951  is  hereby 
amended  by  striking  out  section  1  and  inserting  in  place 
thereof  the  following  section:  —  Section  1.  There  is  hereby 
created  a  body  pohtic  and  corporate  to  be  known  as  the 


Acts,  1955. —  Chap.  735. 

Gloucester  Industrial  Development  Commission,  and  to 
have  corporate  succession,  which  commission  shall  be  deemed 
to  be  a  public  instrumentality  for  the  purposes  of  this  act, 
and  by  that  name  the  commission  may  sue  and  be  sued, 
plead  and  be  impleaded,  contract  and  be  contracted  with, 
and  shall  have  an  official  seal  which  may  be  altered  at  the 
pleasure  of  the  commission. 

The  Gloucester  Industrial  Development  Commission  shall 
consist  of  seven  persons,  citizens  of  the  city  of  Gloucester, 
to  be  elected  by  vote  of  the  city  council  or  other  municipal 
governing  board  of  said  city,  three  to  be  elected  for  a  term 
of  one  year,  two  for  a  term  of  two  years  and  two  for  a  term 
of  three  years,  all  terms  commencing  with  February  first, 
nineteen  hundred  and  fifty-six.  Annually  thereafter  the  said 
city  council  or  other  municipal  governing  board  shall  elect 
for  terms  of  three  years  each  commencing  on  February  first 
such  number  of  persons  as  is  necessary  to  constitute  the  full 
membership  of  the  commission.  Any  person  so  appointed 
shall  serve  until  his  successor  is  duly  appointed. 

As  soon  as  it  is  convenient  to  do  so,  upon  the  election  of 
the  full  membership  of  the  commission  on  February  first  in 
each  year,  said  commission  shall  meet  and  from  its  member- 
ship elect  a  chairman,  a  vice  chairman,  a  treasurer  and  a 
secretary,  but  the  secretary  need  not  be  a  member  of  the 
commission.  No  meeting  of  the  commission  shall  be  legal 
unless  a  quorum  is  present  and  four  members  shall  constitute 
a  quorum.  The  terms  of  the  chairman,  vice  chairman,  treas- 
urer and  secretary  shall  be  one  year  and  until  their  successors 
shall  be  elected  and  qualified.  Any  vacancy  in  the  commis- 
sion shall  be  filled  for  the  remainder  of  the  unexpired  term 
by  vote  of  the  city  council  or  other  municipal  governing 
board  as  soon  as  notice  is  received  that  such  vacancy  exists. 
A  vacancy  in  the  office  of  chairman,  vice  chairman,  treasurer 
or  secretary  shall  be  filled  by  the  members  of  the  commission, 
the  person  elected  to  serve  until  the  next  annual  meeting  of 
the  commission,  which  annual  meeting  shall  be  held  on  the 
third  Wednesday  of  February.  Between  meetings  of  the 
commission,  the  business  of  said  commission  shall  be  per- 
formed by  the  chairman  or  vice  chairman,  who  shall  also 
determine  questions  of  policy,  but  all  acts  and  decisions,  ex- 
cepting routine  matters,  shall  be  submitted  for  ratification 
to  the  next  meeting  of  the  commission. 

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

Approved  September  1,  1955. 


Chap. 735  An  Act  relative  to  the  salaries  of  probation  officers 

IN   THE   municipal   COURT    OF   THE   ROXBURY    DISTRICT. 

Be  it  enacted,  etc.,  as  follows: 

Ed.^,'276T'  Section  1.    The  first  paragraph  of  section  83  of  chapter 

J  83.' etc.,'         276  of  the  General  Laws  is  hereby  amended  by  striking  out 
amence  .         ^j^^  j^^^  Sentence,  as  most  recently  amended  by  section  1 


Acts,  1955. —  Chap.  735.  755 

of  chapter  420  of  the  acts  of  1953,  and  inserting  in  place 
thereof  the  following  sentence :  —  In  every  district  court  in  Salaries  of 
Suffolk  county,  other  than  the  municipal  court  of  the  city  blt\on  oflToers. 
of  Boston  and  the  municipal  court  of  the  Roxbury  district, 
the  chief  probation  officer,  if  any,  shall  be  compensated  for 
his  services  as  if  he  held  an  office  classified  under  the  classi- 
fication and  compensation  plans  of  said  county  in  the  same 
grade  as  the  clerk  of  court  in  which  said  chief  probation 
officer  serves;  and  the  assistant  chief  probation  officer,  if 
any,  shall  be  compensated  for  his  services  as  if  he  held  an 
office  classified  under  said  classification  and  compensation 
plans  in  the  same  grade  as  the  first  assistant  clerk  of  said 
court;  and  every  other  probation  officer  shall  receive  upon 
appointment  an  annual  salary  of  three  thousand  dollars  or 
such  higher  annual  salary,  not  exceeding  fifty-two  hundred 
dollars,  as,  because  of  his  years  of  similar  service  in  allied 
fields,  the  mayor  of  Boston  with  the  approval  of  the  justices 
of  the  court  may  determine,  and  annually  thereafter,  upon 
the  anniversary  of  his  appointment,  shall  receive  an  increase 
of  two  hundred  dollars  until  a  maximum  annual  salary  of 
fifty-two  hundred  dollars  shall  have  been  reached. 

Section  2.    Said  section  83  of  said  chapter  276  is  hereby  g.  l.  (Ter. 
further  amended  by  inserting  after  said  first  paragraph  the  fgs.'etc^; 
following  paragraph :  —  further 

In  the  municipal  court  of  the  Roxbury  district  such  pro-  g™*°  ^ , . 
bation  officers  shall  receive  as  an  annual  salary  the  following :  ^™^  ^^  ^^^ ' 
chief  probation  officer,  seventy-five  per  cent  of  the  salary 
of  a  justice  of  said  court;  assistant  chief  probation  officer, 
fifty-five  per  cent  of  the  salary  of  a  justice  of  said  court,  and 
every  other  probation  officer  shall  receive  upon  appointment 
an  annual  salary  of  four  thousand  dollars,  and  annually 
thereafter,  upon  the  anniversary  of  his  appointment,  shall 
receive  an  increase  of  two  hundred  and  twenty  dollars  until 
his  salary  shall  be  equal  to  forty -eight  per  cent  of  the  salary 
of  a  justice  of  said  court. 

Section  3.  Any  person  serving  as  a  probation  officer  in 
the  municipal  court  of  the  Roxbury  district  on  the  effective 
date  of  this  act  who  has  reached  the  maximum  salary  pro- 
vided by  section  eighty-three  of  chapter  two  hundred  and 
seventy-six  of  the  General  Laws,  as  in  effect  immediately 
prior  to  said  effective  date,  shall  receive  a  salary  increase 
of  five  hundred  and  sixty  dollars,  and  every  person  so  serving 
who  has  not  reached  the  maximum  salary  provided  by  said 
section  eighty-three  of  said  chapter  two  hundred  and  seventy- 
six,  as  in  effect  immediately  prior  to  said  effective  date,  shall 
receive  on  the  next  anniversary  of  his  appointment  an  increase 
of  four  hundred  and  forty  dollars,  and  annually  thereafter 
shall  receive  on  the  anniversary  of  his  appointment  an  in- 
crease of  two  hundred  and  twenty  dollars  until  the  maximum 
salary  provided  by  section  eighty-three  of  chapter  two 
hundred  and  seventy-six  of  the  General  Laws,  as  amended 
by  sections  one  and  two  of  this  act,  shall  have  been  reached. 

Approved  September  1,  1956. 


756 


Acts,  1955.  — Chap.  736. 


G.  L.  (Ter. 
Ed.).  90, 
§  19A,  etc., 
amended. 

Certain  motor 
vehicles 
exempt  from 
permit  to 
travel  upon 
public  ways. 


Chap.lSd  An  Act  relative  to  the  permissible  load  limits  of 

CERTAIN   MOTOR   VEHICLES   USING   THE   PUBLIC   WAYS. 

Be  it  enacted,  etc.,  as  follows: 

Section  19A  of  chapter  90  of  the  General  Laws  is  hereby 
amended  by  striking  out  the  first  paragraph,  as  appearing 
in  section  1  of  chapter  397  of  the  acts  of  1946,  and  inserting 
in  place  thereof  the  following  paragraph: — Any  provision 
of  section  thirty  of  chapter  eighty-five  to  the  contrary  not- 
withstanding, a  motor  vehicle  having  two  axles,  which  ve- 
hicle with  its  load  weighs  not  more  than  twenty-three  tons, 
and  a  semi-trailer  unit  or  a  motor  vehicle  having  three  or 
more  axles,  which  unit  or  vehicle  with  its  load  weighs  not 
more  than  thirty  tons,  may  travel  on  a  pubhc  way  without 
a  permit  as  required  by  said  section  thirty;  provided,  that 
no  such  motor  vehicle  or  semi-trailer  unit,  the  weight  on  any 
axle  of  which,  measured  at  the  ground,  exceeds  twenty-two 
thousand  four  hundred  pounds,  or,  in  case  of  axles  spaced 
less  than  six  feet  apart,  eighteen  thousand  pounds,  shall  so 
travel  without  such  a  permit;  and  provided  further  that  the 
gross  weight  of  any  such  vehicle  together  with  its  load  ex- 
pressed in  pounds  shall  not  exceed  that  shown  on  the  follow- 
ing table  without  such  a  permit :  —  (Table  is  based  on  the  for- 
mula W=  1,000  (LH-25)  where  L  equals  distance  in  feet  be- 
tween axles  and  W  equals  maximum  gross  weight  in  pounds.) 


Distance  in  Feet  between 
THE  First  and  Last  Axles 
OF  A  Motor  Vehicle  or  Semi- 
Trailer  Unit  (L) 


Maximum  Gross  Weight  in 
Pounds  (W) 


7 

32,000 

8 

33,000 

9 

34,000 

10 

35,000 

11 

36,000 

12 

37,000 

13 

38,000 

14 

39,000 

15 

40,000 

16 

41,000 

17 

42,000 

18 

43,000 

19 

44,000 

20 

45,000 

21 

46,000 

22 

47,000 

23 

48,000 

24 

49,000 

25 

50,000 

26 

51,000 

27 

52,000 

28 

53,000 

29 

54,000 

30 

55,000 

31 

56,000 

32 

57,000 

33 

68,000 

34 

59,000 

35  or  0^ 

ver 

60,000 

Approved  September  1,  1965. 


Acts,  1955.  —  Chaps.  737,  738.  757 

An  Act  authorizing  the  department  of  public  health  Chap. 737 

TO   ACQUIRE   ASSISTANCE   IX    COMBATING    POLIOMYELITIS, 

Be  it  etiacled,  etc.,  as  follows: 

For  the  purpose  of  combating  the  current  epidemic  of 
poUomyehtis  and  affording  proper  care  and  nursing  for  the 
victims  of  said  disease,  the  department  of  pubUc  health  is 
hereby  authorized  and  directed  to  hire  on  a  temporary  basis 
such  physiotherapists,  nurses  and  other  personnel  as  said 
department  may  deem  necessary  to  give  proper  treatment 
and  care  to  the  victims  of  said  disease.  For  the  purposes  of 
this  act,  said  department  may  expend  such  sums  as  may 
be  appropriated  therefor.         Approved  September  6,  1965. 

An  Act  to  provide  for  a  special  capital  outlay  pro-  Chav. 7SS 

GRAM    FOR   THE    COMMONWEALTH. 

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

Be  it  enacted,  etc.,  as  foUoivs: 

Section  1.  To  provide  for  a  special  program  of  construc- 
tion, reconstruction,  alteration  and  improvement  of  various 
state  institutions  and  properties,  and  for  the  purchase  of 
certain  property,  the  sums  set  forth  in  section  two  of  this  act, 
for  the  several  purposes  and  subject  to  the  conditions  speci- 
fied in  said  section  two,  are  hereby  made  available,  subject 
to  the  pro^dsions  of  law  regulating  the  disbursement  of 
public  funds  and  the  approval  thereof. 

Section  2. 

Civil  Defense  Agency. 

Item 

8256-01  For  the  construction  of  a  central  headquarters 
and  communications  center,  including  the 
cost  of  furnishings  and  equipment  and  in- 
cluding the  acquisition  of  land;  provided, 
that  the  director  shall  accept  any  federal 
funds  available  for  the  purpose,  and  such 
federal  funds  when  received  shall  be 
credited  to  the  General  Fund  .  .  .     $1,452,000  00 

Service  of  the  Armory  Commission, 

8256-02  For  fire  protection  improvements  in  certain 
buildings  under  the  supervision  of  the  ar- 
mory commission  in  accordance  with  rec- 
ommendations of  the  department  of  public 
safety  to  comply  with  the  provisions  of 
chapter  five  hundred  and  eighty-two  of  the 
acts  of  nineteen  hundred  and  forty-eight, 
as  amended,  and  for  certain  other  improve- 
ments to  eliminate  fire  hazards,  to  be  des- 
ignated by  the  director  of  building  con- 
struction         $100,000  00 


758  Acts,  1955.  —  Chap.  738. 

Item 
8256-03  For  the  construction  of  armories,  including 
furnishings  and  equipment,  to  be  expended 
in  connection  with  federal  funds  available 
for  this  purpose,  to  be  in  addition  to  the 
amount  appropriated  in  item  8255-01  of 
section  two  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hun- 
dred and  fifty-four;  provided,  that  the 
provisions  of  section  thirty  A  of  chapter 
seven  of  the  General  Laws  shall  not  apply 
to  expenditures  made  from  this  item  .        $415,000  00 

Service  of  the  State  Superintendent  of  Buildings. 

8256-04  For  certain  automatic  controls  and  improve- 
ments to  the  heating  system  in  the  State 
House  and  Ford  Building         .  .  .  $40,000  00 

8256-05  For  certain  plumbing  and  certain  other  re- 
lated improvements  in  the  State  House 
and  Ford  Building,  to  be  in  addition  to  the 
amount  appropriated  in  item  8255-03  of 
section  two  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred 
and  fifty-four 85,000  00 

8256-06  For  the  preparation  of  plans  for  certain  im- 
provements to  the  electrical  distribution 
system  in  the  State  House        .  .  .  16,000  00 

8256-07  For  certain  repairs  and  improvements  to  the 
Bulfinch  front  and  to  the  Annex  of  the 
State  House,  to  be  in  addition  to  the 
amount  appropriated  in  item  0450-22  of 
section  two  of  chapter  six  hundred  and 
eighty-seven  of  the  acts  of  nineteen  hun- 
dred and  fifty-four  ....  90,000  00 

8356-27  For  air  conditioning  the  house  and  senate 
chambers,  to  be  expended  subject  to  the 
approval  of  the  sergeant-at-arms       .         .         200,000  00 

Service  of  the  Massachusetts  Aeronautics  Commission. 

8356-28  For  the  reimbursement  to  cities  and  towns 
for  the  state's  share  of  airport  construction 
as  provided  in  sections  thirty-nine  F  and 
fifty-one  K  of  chapter  ninety  of  the  General 
Laws  as  amended,  to  be  available  for 
matching  federal  funds  for  the  fiscal  year 
nineteen  hundred  and  fifty-six  and  suc- 
ceeding years;  provided  that  this  item 
shall  not  be  subject  to  section  thirty  A  of 
chapter  seven  of  the  General  Laws   .         .       $160,000  00 

Service  of  the  State  Airport  Management  Board. 

8256-08  For  the  further  development  of  the  General 
Edward  Lawrence  Logan  International 
Airport;  provided,  that  any  improvement 
or  development  of  the  airport  under  tliis 
item  shall  not  permit  the  extension  of  the 
existing  bounds  towards  the  town  of  Win- 
throp  or  the  mainland  of  the  East  Boston 
district  of  the  city  of  Boston;  and,  further 
provided,  that  the  board  shall  accept  any 
federal  funds  available  for  the  purpose,  and 
such  federal  funds,  when  received,  shall  be 


Acts,  1955.  —  Chap.  738.  759 


credited  to  the  General  Fund,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
0493-03  of  section  two  of  chapter  one  hun- 
dred and  seventy-five  of  the  acts  of  the 
current  year $750,000  00 

Service  of  the  Department  of  Natural  Resources. 

825&-09  For  the  acquisition  and  development  of  cer- 
tain areas  as  authorized  by  chapters  five 
hundred  and  twenty-three,  five  hundred 
and  thirty-eight,  five  hundred  and  sixty-six 
and  five  hundred  and  seventy-eight  of  the 
acts  of  the  current  year,  for  the  acquisition 
of  certain  land  on  Plum  Island,  and  for  the 
development  and  improvement  of  certain 
recreation  areas;  provided,  however,  that 
from  the  amount  appropriated  by  this  item 
the  sum  of  forty-one  thousand  and  nine 
hundred  dollars  shall  be  allocated  for  the 
purpose  of  acquiring  by  transfer,  purchase 
or  by  eminent  domain,  under  chapter  sev- 
enty-nine of  the  General  Laws,  Watson's 
pond  and  a  certain  parcel  of  land  contigu- 
ous to  and  bounding  Watson's  pond  in  the 
city  of  Taunton,  and  for  construction  on 
said  pond  and  land  of  a  swimming  area  and 
recreation  center,  including  fishing;  pro- 
vided that  to  cover  this  item  the  comp- 
troller shall  include  in  the  assessment  made 
under  the  provisions  of  section  five  of  chap- 
ter one  hundred  and  thirty-two  A  of  the 
General  Laws  the  sum  of  forty-one  thou- 
sand seven  hundred  and  sixteen  dollars  for 
the  year  nineteen  hundred  and  fifty-six 
and  the  sum  of  eighty  thousand  five  hun-  . 
dred  and  fourteen  dollars  yearly  for  the 
years  nineteen  hundred  and  fifty-seven  to 
nineteen  hundred  and  seventy-five,  inclu- 
sive, and  shall  credit  said  amount  to  the 
General  Fund,  to  be  in  addition  to  the 
amount  appropriated  in  item  8255-05  of 
section  two  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hun- 
dred and  fifty-four;  and,  provided  fur- 
ther, that  the  provisions  of  section  thirty  A 
of  chapter  seven  of  the  General  Laws  shall 
not  apply  to  expenditures  made  from  this 
item $1,341,900  00 

Service  of  the  Department  of  Education. 

8256-10  For  fire  protection  improvements  in  certain 
buildings  under  the  supervision  of  the  de- 
partment of  education  in  accordance  with 
recommendations  of  the  department  of 
public  safety  to  comply  with  the  provisions 
of  chapter  five  hundred  and  eighty-two  of 
the  acts  of  nineteen  hundred  and  forty- 
eight,  as  amended,  and  for  certain  other 
improvements  to  eliminate  fire  hazards,  to 
be  designated  by  the  director  of  building 
construction,  to  be  in  addition  to  the 
amount  appropriated  in  item  8255-06  of 
section  two  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred 
and  fifty-four $19,000  00 


760 


Acts,  1955.  —  Chap.  738. 


Item 
8256-11 


8256-12 
8256-13 


Massachusetts  Maritime  Academy. 

For  the  acquisition  of  land,  for  the  prepara- 
tion of  plans  for  a  dormitory  and  for  cer- 
tain repairs  and  improvements  to  the  prop- 
erty at  Buzzards  Bay,  to  be  in  addition  to 
the  amount  appropriated  in  item  7713-01 
of  section  two  of  chapter  seven  hundred 
and  fifty-sLx  of  the  acts  of  nineteen  hundred 
and  fifty-one  ..... 

State  Teachers'  College  at  Bridge-water. 

For  certain  renovations  and  improvements 
to  the  boiler  plant  ..... 

For  certain  plumbing  renovations  in  Wood- 
ward Hall       ...... 


$90,000  00 

$30,000  00 
90,000  00 


State  Teachers'  College  at  Fitchburg. 

8256-14     For     certain     plumbmg     improvements     in 

MiUer  Hall $35,000  00 

State  Teachers'  College  at  Lowell. 
8256-15     For  the  renovation  of  toUets  and  washrooms         $25,000  00 


State  Teachers'  College  at  North  Adams. 

8256-16     For  certain  renovations  and  improvements 
to  the  boiler  plant  ..... 


$44,000  00 


State  Teachers'  College  at  Salem. 

8256-17  For  the  construction  of  a  library,  auditorium, 
gymnasium,  cafeteria  and  administration 
building,  including  certain  renovations  to 
existing  buildings  and  including  the  cost  of 
furnishings  and  equipment,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
8654-06A  of  section  two  of  chapter  six  hun- 
dred and  sixty  of  the  acts  of  nineteen  hun- 
dred and  fifty-three  ....     $1,150,00000 

State  Teachers'  College  at  Worcester. 

8256-18  For  the  preparation  of  plans  for  a  gymnasium, 
Hbrary,  cafeteria  and  administration  build- 
ing, including  furnishings  and  equipment; 
and  for  plans  for  certain  renovations  in 
existing  buildings $45,000  00 

State  Teachers'  College  at  Boston. 

8256-19  For  certain  renovations  including  certain  roof 
and  e.xterior  work  and  the  removal  of  the 
cupola  base,  plumbing,  wiring  and  lighting 
improvements  and  refitting  additional 
classrooms,  including  the  cost  of  furnish- 
ings and  equipment,  to  be  in  addition  to 
the  amounts  appropriated  in  item  1338-21 
of  section  two  of  chapter  four  hundred  and 
fifty-three  and  item  8255-10  of  section  two 
of  chapter  four  hundred  and  seventy-one 
of  the  acts  of  nineteen  hundred  and  fiftj'^- 
four $175,000  00 


Acts,  1955. —  Chap.  738. 


761 


Item 
8256-20 


Massachusetts  School  of  Art. 

For  the  reconstruction  of  a  certain  roof  and 
for  the  installation  of  an  elevator 


$60,000  00 


New  Bedford  Institute  of  Textiles  and  Technology. 

8256-21  For  the  construction  of  a  certain  building,  in- 
cluding the  acquisition  of  land  and  the 
cost  of  furnishings  and  equipment,  to  be 
in  addition  to  the  amount  appropriated  in 
item  7918-17  of  section  two  of  chapter 
seven  hundred  and  ninety-five  of  the  acts 
of  nineteen  hundred  and  fifty   .  .  .  $75,000  00 


Lowell  Technological  Institute  of  Massachusetts. 

8256-22  For  fire  protection  improvements  in  certain 
buildings  under  the  supervision  of  the 
Lowell  Technological  Institute  of  Massa- 
chusetts in  accordance  with  recommenda- 
tions of  the  department  of  public  safety  to 
comply  with  the  provisions  of  chapter  five 
hundred  and  eighty-two  of  the  acts  of 
nineteen  hundred  and  forty-eight,  as 
amended,  and  for  certain  other  improve- 
ments to  eliminate  fire  hazards,  to  be  desig- 
nated by  the  director  of  building  construc- 
tion, to  be  in  addition  to  the  amount 
appropriated  in  item  8255-12  of  section 
two  of  chapter  four  hundred  and  seventy- 
one  of  the  acts  of  nineteen  hundred  and 
fifty-four        ..... 

8256-23  For  the  purchase  of  certain  furnishings  and 
equipment      ..... 

8256-24  For  the  construction  of  an  underground  chem^ 
ical  storage  facility,  including  equipment 

8256-25  For  the  purchase  and  installation  of  a  library 
book  stack  tower    .... 

8356-29  For  the  purchase  and  installation  of  chem- 
istry benches   ..... 

8356-30  For  the  preparation  of  plans  for  an  industrial 
research  building    .... 


$15,000  00 
100,000  00 
20,000  00 
40,000  00 
70,000  00 
80,000  00 


University  of  Massachusetts. 

8256-26  For  fire  protection  improvements  in  certain 
buildings  under  the  supervision  of  the 
University  of  Massachusetts  in  accordance 
with  recommendations  of  the  department 
of  public  safety  to  comply  with  the  provi- 
sions of  chapter  five  hundred  and  eighty- 
two  of  the  acts  of  nineteen  hundred  and 
forty-eight,  as  amended,  and  for  certain 
other  improvements  to  eliminate  fire  haz- 
ards, to  be  designated  by  the  director  of 
building  construction,  to  be  in  addition  to 
the  amount  appropriated  in  item  8255-15 
of  section  two  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred 
and  fifty-four  ..... 

8256-27  For  the  preparation  of  plans  for  an  addition 
to  the  library  ..... 


$18,000  00 
88,000  00 


762 


Acts,  1955. —  Chap.  738. 


Item 
8256-28 

8256-29 
8256-30 


8256-31 
8256-32 


For  the  construction  of  a  liberal  arts  class- 
room building,  including  the  cost  of  fur- 
nishings and  equipment  ....     $2,000,000  00 

For  the  purchase  of  a  certain  parcel  of  land, 

including  buildings  thereon  .  12,000  00 

For  certain  improvements  and  additions  to 
the  power  plant  and  the  utihty  system,  to 
be  in  addition  to  the  amount  appropriated 
in  item  8255-13  of  section  two  of  chapter 
four  hundred  and  seventy-one  of  the  acts 
of  nineteen  hundred  and  fiftj'-f our     .  .       1,169,000  00 

For  the  construction  of  a  vegetable  gardening 
classroom  building  and  greenhouse,  includ- 
ing the  cost  of  furnishings  and  equipment         250,000  00 

For  the  purchase  of  certain  laboratory  equip- 
ment      100,000  00 


Division  of  Youth  Service. 

8256-33  For  fire  protection  improvements  m  certain 
buildings  under  the  supervision  of  the  di- 
vision of  youth  service  in  accordance  with 
recommendations  of  the  department  of 
public  safety  to  comply  with  the  provi- 
sions of  chapter  five  hundred  and  eighty- 
two  of  the  acts  of  nineteen  hundred  and 
forty-eight,  as  amended,  and  for  certain 
other  improvements  to  eliminate  fire  haz- 
ards, to  be  designated  by  the  director  of 
building  construction,  to  be  in  addition  to 
the  amount  appropriated  in  item  8255-18 
of  section  two  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hun- 
dred and  fifty-four  ....  $30,000  00 

8356-31  For  the  construction  of  a  detention  unit,  or 
for  the  purchase  and  renovation  of  an 
existing  building  for  this  purpose,  in  the 
county  of  Hampden  in  accordance  with 
the  provisions  of  chapter  five  hundred  and 
seventy-three  of  the  acts  of  nineteen  hun- 
dred and  fifty-five,  including  the  cost  of 
furnishings  and  equipment        .  .  .  120,000  00 

Industrial  School  for  Boys. 

8256-34    For  the  preparation  of  plans  for  a  staff  house 

and  central  cafeteria        ....  $18,000  00 

8256-35  For  the  preparation  of  plans  for  an  addition 
to  the  administration  building  for  class 
and  vocational  rooms       ....  24,000  00 

Lyman  School  for  Boys. 

8256-36  For  the  renovation  of  the  underground  elec- 
trical system  and  for  certain  improvements 
to  steam  lines  and  heating  systems  .  .        $130,000  00 

8256-37  For  certain  improvements  to  plumbing  fa- 
ciUties,  to  be  in  addition  to  the  amount  ap- 
propriated in  item  0483-21  of  section  two 
of  chapter  six  hundred  and  thirty-two  of 
the  acts  of  nineteen  hundred  and  fifty-two  60,000  00 

8256-38  For  the  renovation  of  the  g^onnasium,  to  be 
in  addition  to  the  amount  appropriated  in 
item  8654-15  of  section  two  of  chapter  six 
hundred  and  sixty  of  the  acts  of  nineteen 
hundred  and  fifty-three   ....  20,000  00 


Acts,,  1955. —  Chap.  738.  763 

Detention  Center. 
Item 
8256-39     For  the  renovation  of  the  detention  center, 
South  Huntington  Avenue,  including  the 
cost  of  furnishings  and  equipment     .  .        $129,000  00 

Institute  of  Juvenile  Guidance,  Bridgewater. 

8256-40  For  the  renovation  of  buildings  at  Bridge- 
water,  including  the  cost  of  furnishings  and 
equipment $100,000  00 


Service  of  the  Department  of  Mental  Health. 

8256-41  For  fire  protection  improvements  in  certain 
buildings  under  the  supervision  of  the  de- 
partment of  mental  health  in  accordance 
with  recommendations  of  the  department 
of  public  safety  to  comply  with  the  pro- 
visions of  chapter  five  hundred  and  eighty- 
two  of  the  acts  of  nineteen  hundred  and 
forty-eight,  as  amended,  and  for  certain 
other  improvements  to  eliminate  fire  haz- 
ards, to  be  designated  by  the  director  of 
building  construction,  to  be  in  addition  to 
the  amount  appropriated  in  item  8255-21 
of  section  two  of  chapter  four  hundred  and 
seventv-one  of  the  acts  of  nineteen  hun- 
dred and  fifty-four  ....        $218,000  00 


Boston  Psychopathic  Hospital. 

8256-42  For  an  addition  to  provide  therapeutic  fa- 
cilities and  for  certain  renovations  and  im- 
provements to  existing  buildings,  including 
the  cost  of  furnishings  and  equipment,  to 
be  in  addition  to  the  amount  appropriated 
in  item  8654-35  of  section  two  of  chapter 
six  hundred  and  sixty  of  the  acts  of  nine- 
teen hundred  and  fiftj^-three     .  .  .        $860,000  00 


Boston  State  Hospital. 

8256-43  For  the  renovation  of  the  East  Cafeteria,  in- 
cluding the  cost  of  furnishings  and  equip- 
ment      $125,000  00 

8256-44  For  improvements  to  the  power  plant  and 
steam  distribution  S3''stem,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
8255-23  of  section  two  of  chapter  four  hun- 
dred and  seventy-one  of  the  acts  of  nine- 
teen hundred  and  fifty-four      .      _    .  .  280,000  00 

8256-45  For  the  replacement  of  certain  sash  in  the  A 
and  I  Buildings,  to  be  in  addition  to  the 
amount  appropriated  in  item  1711-22  of 
section  two  of  chapter  four  hundred  and 
eightv-nine  of  the  acts  of  nineteen  hundred 
and  fifty-three 135,000  00 

8256-46     For  the  replacement  of  the  elevator  in  the 

storehouse 16,000  00 

8256-47     For  certain  rewiring  in  the  A  and  I  Buildings  .  50,000  00 


764 


Acts,  1955. —  Chap.  738. 


Item 
8256-48 


For  the  construction  of  a  garage,  including 
the  cost  of  certain  equipment,  to  be  in  ad- 
dition to  the  amount  appropriated  in  item 
8255-24  of  section  two  of  chapter  four  hun- 
dred and  seventy-one  of  the  acts  of  nine- 
teen hundred  and  fifty-four 


$15,000  00 


Foxborough  State  Hospital. 

8256-49  For  the  construction  of  an  admission-treat- 
ment building,  including  the  cost  of  furnish- 
ings and  equipment  .... 
8256-50  For  certain  plumbing  renovations 
8256-51  For  certain  improvements  to  the  electrical 
distribution  system,  to  be  in  addition  to 
the  amount  appropriated  in  item  8654-19 
of  section  two  of  chapter  six  hundred  and 
sixty  of  the  acts  of  nineteen  hundred  and 
fifty-three       ...... 


J,  187,000  00 
80,000  00 


50,000  00 


Gardner  State  Hospital. 

8256-52     For  certain  improvements  to  the  hot  water 

distribution  system  ....  $90,000  00 

8256-53     For  certain  improvements  to  the  ventilation 

of  Thompson  Hall 25,000  00 

8256-54  For  certain  sewage  disposal  improvements,  to 
be  in  addition  to  the  amount  appropriated 
in  item  8255-29  of  section  two  of  chapter 
four  hundred  and  seventy-one  of  the  acts 
of  nineteen  hundred  and  fifty-four    .         .  73,000  00 


Grafton  State  Hospital. 

8256-55     For    certain    improvements    to    the    power 

plant $95,000  00 

8256-56  For  certain  plumbing  renovations,  to  be  in 
addition  to  the  amount  appropriated  in 
item  8255-31  of  section  two  of  chapter  four 
hundred  and  seventy-one  of  the  acts  of 
nineteen  hundred  and  fifty-four         .  .  82,000  00 

8256-57     For  the  renovation  of  certain  heating  units   .  50,000  00 

8256-58  For  the  replacement  of  the  power  switchboard 
and  installation  of  a  turbine,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
7717-15  of  section  two  of  chapter  seven 
hundred  and  fifty-six  of  the  acts  of  nine- 
teen hundred  and  fifty-one       .  .  .  75,000  00 

8356-32  For  improvements  in  the  heating  system  of 
the  Oaks  Group,  including  the  installation 
of  an  additional  boiler     ....  15,000  00 


Medfield  State  Hospital. 

8256-59     For  the  renovation  of  certain  plumbing  $40,000  00 

8256-60     For  certain  improvements  to  the  refrigeration 

system 35,000  00 

8256-61  For  certain  improvements  to  the  sewage  dis- 
posal system 65,000  00 

8256-62     For  certain  improvements  to  the  power  plant 

and  utility  distribution  system  .         .         285,000  00 


Acts,  1955. —  Chap.  738. 


765 


Item 
8256-63 


8256-64 


8256-65 
8256-66 


Metropolitan  State  Hospital. 

For  certain  renovations  to  the  medical  and 
surgical  building,  to  be  in  addition  to  the 
amount  appropriated  in  item  1717-30  of 
section  two  of  chapter  four  hundred  and 
eighty-nine  of  the  acts  of  nineteen  hundred 
and  fifty-three         .....         $92,000  00 

For  the  renovation  and  repair  of  certain  cor- 
ridors, to  be  in  addition  to  the  amount  ap- 
propriated in  item  7717-22  of  section  two 
of  chapter  seven  hundred  and  fifty-six  of 
the  acts  of  nineteen  hundred  and  fifty-one  85,000  00 

For  certain  improvements  to  the  power  plant  65,000  00 

For  the  preparation  of  plans  for  a  building  for 

sexual  ofiFenders 107,000  00 


Northampton  State  Hospital. 

8256-67  For  the  construction  of  a  paint  shop  and 
storage  building,  including  the  cost  of  fur- 
nishings and  equipment  ....  $20,000  00 

8256-68  For  certain  roof  repairs  to  the  main  group 
and  the  power  plant,  including  certain  re- 
construction of  parapets  and  copings  50,000  00 

8256-69     For  certain  improvements  to  the  electrical 

system 20,000  00 

8256-70    For  certain  improvements  to  the  hot  and 

cold  water  distribution  system  .  80,000  00 

8356-33  For  certain  fireproofing  and  improvements  to 
plumbing  facilities,  and  related  work  in- 
cidental thereto,  including  the  installation 
of  detention  screens,  to  be  in  addition  to 
the  amount  appropriated  in  item  7918-36 
of  section  two  of  chapter  seven  hundred  and 
ninety-five  of  the  acts  of  nineteen  hundred 
and  fifty 18,000  00 


Taunton  State  Hospital. 

8256-71  For  the  preparation  of  plans  for  the  renova- 
tion of  kitchens,  including  an  elevator        .  $22,000  00 

8256-72  For  certain  improvements  to  the  refrigeration 
system,  to  be  in  addition  to  the  amount 
appropriated  in  item  1719-24  of  section 
two  of  chapter  four  hundred  and  eighty- 
nine  of  the  acts  of  nineteen  hundred  and 
fifty-three 45,000  00 

8356-34  For  the  replacement  and  improvement  of  the 
hot  and  cold  water  distribution  systems  in 
the  Main  Group 30,000  00 


Westborough  State  Hospital. 

8256-73  For  the  construction  of  an  admission-treat- 
ment building,  including  the  cost  of  fur- 
nishings and  equipment  ....     $2,187,000  00 

8256-74  For  certain  plumbing  renovations,  to  be  in 
addition  to  the  amount  appropriated  in 
item  1720-23  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  nine- 
teen hundred  and  fifty-four      .  75,000  00 

8256-75     For  the  remodeling  of  the  Durfee  heating 

system 24,000  00 


766 


Acts,  1955. —  Chap.  738. 


Item 
8256-76 


Worcester  State  Hospital. 

For  the  construction  of  a  building  on  the 
grounds  of  the  Worcester  State  Hospital  to 
replace  the  Summer  Street  Extension  and 
for  certain  other  additions,  alterations  and 
improvements,  including  the  cost  of  fur- 
nishings and  equipment  for  such  building, 
additions,  alterations  and  improvements, 
to  be  in  addition  to  the  amounts  appro- 
priated in  items  7617-20  and  7617-21  of 
section  two  of  chapter  six  hundred  and  four 
of  the  acts  of  nineteen  hundred  and  fifty- 
two  and  item  8255-43  of  section  two  of 
chapter  four  hundred  and  seventy-one  of 
the  acts  of  nineteen  hundred  and  fifty-four 


$10,000  00 


Monson  State  Hospital. 

8256-77  For  certain  improvements  to  the  power  plant 
and  utility  distribution  systems,  including 
the  cost  of  equipment      ....        $532,000  00 

8256-78     For  the  preparation  of  plans  for  a  laundry 

building 25,000  00 

8256-79  For  the  renovation  of  certain  plumbing,  to 
be  in  addition  to  the  amount  appropriated 
in  item  8255-47  of  section  two  of  chapter 
four  hundred  and  seventy-one  of  the  acts 
of  nineteen  hrmdred  and  fifty-four     .  .  75,000  00 

8256-80  For  the  installation  of  an  elevator  and  for 
certain  renovations  in  the  Hodskins  Build- 
ing, including  the  cost  of  furnishings  and 
equipment 110,000  00 

8256-81  For  the  enclosure  of  certain  porches  and  the 
installation  of  a  heating  s}''stem,  including 
the  cost  of  furnishings  and  equipment  150,000  00 

8256-82  For  certain  alterations  in  the  cafeteria  and 
Women's  Building,  including  the  cost  of 
furnishings  and  equipment  .  .  25.000  00 

8256-83     For  the  preparation  of  plans  for  a  certain 

building  for  the  housing  of  emploj'^ees         .  45,000  00 

Belchertown  State  School. 

8256-84  For  the  remodeling  of  the  kitchen  and  can- 
nery, including  the  cost  of  furnishings  and 
equipment $300,000  00 

8256-85  For  the  renovation  of  plumbin'g  and  the  im- 
provement of  food  services  in  certain  build- 
ings, including  the  cost  of  equipment         .  50,000  00 

8256-86  For  detention  screens,  to  be  in  addition  to  the 
amount  appropriated  in  item  1723-22  of 
section  two  of  chapter  four  hundred  and 
eighty-nine  of  the  acts  of  nineteen  hundred 
and  fifty-three  _ 30,000  00 

8356-35  For  the  construction  of  a  livestock  feed  stor- 
age building  including  the  cost  of  equipment  17,500  00 


Walter  E.  Fernald  State  School. 

8256-87  For  certain  improvements  to  the  steam  and 
hot  water  distribution  systems,  to  be  in 
addition  to  the  amount  appropriated  in 
item  8654-21  of  section  two  of  chapter  six 
hundred  and  sixty  of  the  acts  of  nineteen 
hundred  and  fiftv-three  .... 


$400,000  00 


Acts,  1955.  — Chap.  738. 


767 


For  the  replacement  of  certain  wiring,  to  be 
in  addition  to  the  amount  appropriated  in 
item  7717-47  of  section  two  of  chapter 
seven  hundred  and  fifty-six  of  the  acts  of 
nineteen  hundred  and  fifty-one 

For  certain  renovations  to  the  heating  system 

For  certain  renovations  in  the  Research 
Building,  including  the  cost  of  furnishings 
and  equipment        ..... 

For  certain  improvements  to  the  power  plant, 
including  equipment,  to  be  in  addition  to 
the  amount  appropriated  in  item  7717-44 
of  section  two  of  chapter  seven  hundred 
and  fifty-sLx  of  the  acts  of  nineteen  hun- 
dred and  fifty-one  ..... 

For  an  addition  to  the  kitchen,  the  construc- 
tion of  a  central  bakery  and  the  construc- 
tion of  a  cannery,  including  the  cost  of 
furnishings  and  equipment,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
8255-53  of  section  two  of  chapter  four 
hundred  and  seventy-one  of  the  acts  of 
nineteen  hundred  and  fifty-four 

For  the  preparation  of  plans  for  a  dormitory 
building  and  appurtenant  facilities  at  the 
Templeton  Colony  ..... 


$15,000  00 
75,000  00 


40,000  00 


52,000  00 


68,000  00 
91,000  00 


Wrentham  State  School. 

For  the  enlargement  and  for  certain  improve- 
ments to  the  power  plant,  including  the 
cost  of  equipment $476,000  00 

For  the  preparation  of  plans  for  a  school 

building  and  gymnasium  .  .  .  36,000  00 

For  renovation  of  plumbing  .  .  ,  30,000  00 


Myles  Standish  State  School. 

For  the  installation  of  certain  street  lighting, 
to  be  in  addition  to  the  amount  appropri- 
ated in  item  8255-59  of  section  two  of 
chapter  four  hundred  and  seventy-one  of 
the  acts  of  nineteen  hundred  and  fifty-four 

For  the  renovation  of  certain  buildings  used 
for  surplus  property         .... 


$20,000  00 
25,000  00 


Service  of  the  Department  of  Correction. 

For  fire  protection  improvements  in  certain 
buildings  under  the  supervision  of  the  de- 
partment of  correction  in  accordance  with 
recommendations  of  the  department  of 
pubUc  safety  to  comply  with  the  provisions 
of  chapter  five  hundred  and  eighty-two  of 
the  acts  of  nineteen  hundred  and  forty- 
eight,  as  amended,  and  for  certain  other 
improvements  to  ehminate  fire  hazards,  to 
be  designated  by  the  director  of  building 
construction,  to  be  in  addition  to  the 
amount  appropriated  in  item  8255-62  of 
section  two  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred 
and  fifty-four  ..... 


$24,000  00 


768 


Acts,  1955. —  Chap.  738. 


Item 

8356-37  For  the  construction  of  a  reception  classifica- 
tion building  on  a  site  to  be  selected  by  the 
commissioner  of  correction  with  the  ap- 
proval of  the  governor  and  council,  includ- 
ing the  cost  of  furnishings  and  equipment    . 

8356-38  For  the  construction  of  a  sixty-cell  segrega- 
tion building  on  a  site  to  be  selected  by  the 
commissioner  of  correction  with  the  ap- 
proval of  the  governor  and  councU,  includ- 
ing the  cost  of  furnishings  and  equipment  . 

8356-39  For  the  remodeling  of  certain  cells  in  the  cor- 
rectional institutions  of  the  commonwealth 
to  provide  Ught  and  plumbing  facilities, 
including  cost  of  furnishings  and  equipment 

8356-40  For  the  construction  of  three  prison  camps  in 
accordance  with  section  eightj'^-three  A  of 
chapter  one  hundred  and  twenty-seven, 
including  the  cost  of  furnishings  and  equip- 
ment    ....... 

8356-41  For  the  purchase  of  machinery  and  equip- 
ment for  the  expansion  and  modernization 
of  prison  industrial  programs  at  the  cor- 
rectional institutions  of  the  commonwealth, 
including  the  cost  of  installation  and  neces- 
sary building  alterations 

8356-42  For  the  remodeling  of  the  farm  dormitory  at 
the  Massachusetts  Correctional  Institu- 
tion, Norfolk,  to  provide  quarters  for  an 
in-service  training  program  for  correction 
officers  and  to  provide  quarters  for  a  com- 
plement of  state  police    .... 

8356-43  For  the  renovation  and  alteration  to  the  front 
entrance  and  to  replace  the  present  visitors 
room  at  the  Massachusetts  Correctional 
Institution,  Concord,  to  be  in  addition  to 
the  amount  appropriated  in  item  8255-64 
of  section  two  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred 
and  fifty-four  ..... 


8256-98 


8256-99 


8356-01 
8356-02 


Massachusetts  Reformatory. 

For  certain  plumbing  renovations,  to  be  in 
addition  to  the  amount  appropriated  in 
item  8255-65  of  section  two  of  chapter  four 
hundred  and  seventy-one  of  the  acts  of 
nineteen  hundred  and  fifty-four 

For  certain  improvements  to  the  wall  towers 
and  repairs  to  the  prison  walls,  including 
the  cost  of  equipment      .... 

For  certain  improvements  to  the  bakery 

For  the  preparation  of  plans  for  a  new  power 
plant     ....... 


Service  of  the  Department  of  Public  Welfare. 

8356-03  For  fire  protection  improvements  in  certain 
buildings  under  the  supervision  of  the  de- 
partment of  public  welfare  in  accordance 
with  recommendations  of  the  department 
of  pubUc  safety  to  comply  with  the  provi- 
sions of  chapter  five  hundred  and  eightj'^- 
two  of  the  acts  of  nineteen  hundred  and 


Acts,  1955.  — Chap.  738. 


769 


Item 


forty-eight,  as  amended,  and  for  certain 
other  improvements  to  eliminate  fire  haz- 
ards, to  be  designated  by  the  director  of 
buUding  construction,  to  be  in  addition  to 
the  amount  appropriated  in  item  8255-68 
of  section  two  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred 
and  fifty-four  ..... 


$35,000  00 


Tewkshury  State  Hospital  and  Infirmary. 

For  certain  plumbing  renovations,  to  be  in 
addition  to  the  amount  appropriated  in 
item  8255-67  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred 
and  fifty-four  .         .         .         .       _  .         $50,000  00 

For  certain  renovations  to  the  electrical  dis- 
tribution system  to  enable  the  summer  pur- 
chase of  power,  including  the  cost  of  equip- 
ment, to  be  in  addition  to  the  amount 
appropriated  in  item  1919-28  of  section 
two  of  chapter  six  hundred  and  seventy- 
five  of  the  acts  of  nineteen  hundred  and 
fiftj^-three 16,000  00 

For  the  construction  of  an  incinerator  .         .  18,000  00 


Service  of  the  Department  of  Public  Health. 

For  fire  protection  improvements  in  certain 
buildings  under  the  supervision  of  the  de- 
partment of  public  health  in  accordance 
with  recommendations  of  the  department 
of  public  safety  to  comply  with  the  provi- 
sions of  chapter  five  hundred  and  eighty- 
two  of  the  acts  of  nineteen  hundred  and 
forty-eight,  as  amended,  and  for  certain 
other  improvements  to  eliminate  fire  haz- 
ards, to  be  designated  by  the  director  of 
building  construction,  to  be  in  addition  to 
the  amount  appropriated  in  item  8255-69 
of  section  two  of  chapter  four  hundred 
and  seventy-one  of  the  acts  of  nineteen 
hundred  and  fifty-four     ....         $41,000  00 


North  Reading  State  Sanatorium, 

8356-08    For  the  fireproofing  of  the  exterior  of  certain 

buildings $25,000  00 

8356-09  For  the  construction  of  facilities  for  the  treat- 
ment of  water,  including  the  cost  of  equip- 
ment      30,000  00 


Rutland  State  Sanatorium. 

8356-10    For  certain  improvements  to  the  power  plant, 

including  equipment        ....  $35,000  00 

8356-11     For  certain  improvements  to  the  exterior  of 

buildings 16,000  00 


770 


Acts,  1955. —  Chap.  738. 


Item 
8356-12 


Massachusetts  Hospital  School. 

For  the  construction  of  an  industrial  build- 
ing, including  the  cost  of  furnishings  and 
equipment     ...... 


Pondville  Hospital. 

8366-13  For  the  conversion  of  the  heating  plant  from 
coal  to  oil,  including  the  cost  of  equipment 

8356-14  For  certain  improvements  to  the  electrical 
distribution  system  .... 


SIOO.OOO  00 

$20,000  00 
70,000  00 


Service  of  the  Department  of  Public  Safety. 

8356-15     For  certain  improvements  to  the  exterior  of 

the  Headquarters  Building       ,         .         .         $40,000  00 


Service  of  the  Department  of  Public  Works. 

8356-16  For  the  improvement,  development,  mainte- 
nance and  protection  of  rivers,  harbors, 
tidewaters  and  shores;  construction,  re- 
construction or  removal  of  dams;  con- 
struction, reconstruction  or  repair  of  town 
or  city  piers  and  wharves;  within  the 
commonwealth;  as  authorized  by  section 
eleven  of  chapter  ninety-one  of  the  General 
Laws,  to  be  used  in  conjunction  with  any 
federal  funds  made  available  for  the  pur- 
pose, to  be  expended  either  with  or  with- 
out contributions  from  municipaUties  or 
other  organizations  and  individuals;  pro- 
vided, that  this  item  shall  not  be  subject  to 
section  thirty  A.  of  chapter  seven  of  the 
General  Laws,  to  be  in  addition  to  the 
amount  appropriated  in  item  8255-76  of 
section  two  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred 
and  fifty-four $4,000,000  00 

8356-17  For  the  purpose  of  pajdng  the  state's  share  of 
the  cost  of  dredging  and  improvements  in 
Town  River  in  the  city  of  Quincy,  in  ac- 
cordance with  an  agreement  to  be  entered 
into  with  the  federal  government;  pro- 
vided, that  payments  by  the  common- 
wealth for  this  project  shall  not  exceed 
twenty-five  per  cent  of  the  total  cost 
thereof 175,000  00 

8356-44  For  the  improvement  and  development  of 
Scusset  beach;  provided,  that  to  cover  this 
item  the  comptroller  shall  include  in  the 
assessment  made  under  the  provisions  of 
section  five  of  chapter  one  hundred  and 
thirty-two  A  of  the  General  Laws  the  sum 
of  forty-five  thousand  dollars  yearly  for 
the  years  nineteen  hundred  and  fifty-seven 
to  nineteen  hundred  and  seventy-six,  in- 
clusive, and  shall  credit  said  amount  to  the 
General  Fund;  and  provided,  further,  that 
the  provisions  of  section  thirty  A  of  chap- 
ter seven  of  the  General  Laws  shall  not 
apply  to  expenditures  made  from  this  item         750,000  00 


Acts.  1955. —  Chap.  738.  771 


Service  of  the  Port  of  Boston  Commission. 

Item 
8356-18  For  certain  repairs  and  replacements  at 
Hoosac  Pier  Number  1  and  to  the  Mystic 
piers,  to  be  in  addition  to  the  amount  ap- 
propriated in  item  8255-77  of  section  two 
of  chapter  four  hundred  and  seventy-one 
of  the  acts  of  nineteen  hundred  and  fifty- 
four;  provided,  that,  notwithstanding  the 
provisions  of  sections  thirty  A  to  thirty  K, 
inclusive,  of  chapter  seven  of  the  General 
Laws,  and  sections  forty-four  A  to  forty- 
four  D,  inclusive,  of  chapter  one  hundred 
and  forty-nine  of  the  General  Laws,  there 
shall  be  paid  out  of  this  item  to  the  Boston 
and  Maine  Railroad  Company  the  sum  of 
fifty-four  thousand,  three  hundred  and 
sixty-two  dollars  and  forty-one  cents  for 
expenditures  made  by  said  railroad  com- 
pany, with  the  approval  of  the  port  of 
Boston  commission,  for  the  purpose  of  re- 
pairing damage  to  the  Hoosac  grain  ele- 
vator, being  property  owned  by  the  com- 
monwealth and  leased  to  said  railroad 
company,  said  damage  having  been  caused 
by  storms  occurring  on  November  tenth 
and  December  seventh  in  the  year  nineteen 
hundred  and  fifty-three,  and  said  repairs 
being  necessary  for  the  immediate  protec- 
tion of  life  and  property  ....         $35,000  00 

Service  of  the  Soldiers'  Home  in  Massachusetts. 

8356-19  For  fire  protection  improvements  in  certain 
buildings  under  the  supervision  of  the  Sol- 
diers' Home  in  Massachusetts  in  accord- 
ance with  reconxmendations  of  the  depart- 
ment of  public  safety  to  comply  with  the 
provisions  of  chapter  five  hundred  and 
eighty-two  of  the  acts  of  nineteen  hundred 
and  forty-eight,  as  amended,  and  for  cer- 
tain other  improvements  to  eUminate  fire 
hazards,  including  the  construction  of  a 
transformer  vault  and  certain  other  im- 
provements to  the  electrical  distribution 
system,  to  be  designated  by  the  director 
of  building  construction,  to  be  in  addition 
to  the  amount  appropriated  in  item 
8255-80  of  section  two  of  chapter  four 
hundred  and  seventy-one  of  the  acts  of 
nineteen  hundred  and  fifty-four         .  .         $11,000  00 

8356-20  For  certain  improvements  to  the  head- 
quarters cafeteria  and  kitchen  and  for  the 
construction  of  a  storeroom,  inchiding  the 
cost  of  furnishings  and  equipment     .  .  90,000  00 

8356-21  For  certain  improvements  to  parking  areas, 
sidewalks  and  curbings,  including  land- 
scaping, grading  and  the  construction  of  a 
retaining  wall 25,000  00 

Service  of  the  Soldiers'  Home  in  Holyoke. 

8356-22  For  the  construction  of  a  storage  building, 
including  the  cost  of  furnishings  and  equip- 
ment, and  for  the  disposal  of  a  certain  sur- 
plus buUding $40,000  00 


772  Acts,  1955.  —  Chap.  738. 

Item 
8356-45  For  the  construction  of  a  soldiers'  home,  in- 
cluding a  nurses'  home  in  the  city  of  Hol- 
yoke,  and  including  the  cost  of  furnishings 
and  equipment,  to  be  in  addition  to  the 
amount  appropriated  in  item  8255-83  of 
section  two  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hun- 
dred and  fifty-four  ....         $75,000  00 


Service  of  the  Division  of  Building  Construction. 

8356-23  For  the  cost  of  installation  and  other  ex- 
penses connected  therewith,  in  various 
state  institutions,  of  certain  surplus  diesel 
engine  generators,  including  the  cost  of 
appurtenant  equipment  ....       $150,000  00 

8356-24  For  the  preparation  of  preliminary  plans  and 
descriptive  specifications,  as  authorized  by 
section  thirty  H  of  chapter  seven  of  the 
General  Laws,  to  be  in  addition  to  the 
amount  appropriated  in  item  8255-84  of 
section  two  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred 
and  fifty-four 125,000  00 

Contingent  Reserve. 

8356-25  To  cover  unexpected  contingencies  in  the 
cost  of  projects  authorized  by  this  act  and 
by  chapters  seven  hundred  and  ninety-five 
of  the  acts  of  nineteen  hundred  and  fifty, 
seven  hundred  and  fifty-six  of  the  acts  of 
nineteen  hundred  and  fifty-one,  six  hun- 
dred and  four  of  the  acts  of  nineteen  hun- 
dred and  fifty-two,  six  hundred  and  sixty 
of  the  acts  of  nineteen  hundred  and  fifty- 
three,  and  four  hundred  and  seventy-one 
of  the  acts  of  nineteen  hundred  and  fifty- 
four,  to  be  allocated  by  the  commission  on 
administration  and  finance  with  the  ap- 
proval of  the  governor  and  council,  to  be 
in  addition  to  the  amount  appropriated  in 
item  8255-85  of  section  two  of  chapter 
four  hundred  and  seventy-one  of  the  acts 
of  nineteen  hundred  and  fifty-four    .         .       $618,200  00 

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


Acts,  1955.  —  Chap.  738.  773 

thirtieth,  nineteen  hundred  and  fifty-eight.  Notwithstand- 
ing an,y  provisions  of  this  act,  such  notes  shall  be  general 
obligations  of  the  commonwealth. 

Section  4.  To  meet  the  expenditure  necessary  m  carry- 
ing out  the  provisions  of  section  two  of  this  act  or  to  re- 
finance notes  issued  as  provided  in  section  three  of  this  act, 
the  state  treasurer  shall,  upon  request  of  the  governor  and 
council,  issue  and  sell  at  public  or  private  sale  bonds  of  the 
commonwealth,  registered  or  with  interest  coupons  attached, 
as  he  may  deem  best,  to  an  amount  to  be  specified  by  the 
governor  and  council  from  time  to  time,  but  not  exceeding 
in  the  aggregate,  the  sum  of  thirty  million  eight  hundred  and 
eighty-five  thousand  dollars.  All  bonds  issued  by  the  com- 
monwealth, as  aforesaid,  shall  be  designated  on  the  face. 
Capital  Outlay  Loan  Act  of  1955,  and  shall  be  on  the  serial 
payment  plan  for  such  maximum  term  of  years,  not  ex- 
ceeding twenty  years,  as  the  governor  may  recommend  to 
the  general  court  pursuant  to  section  3  of  Article  LXIl  of  the 
Amendments  to  the  Constitution  of  the  Commonwealth, 
the  maturities  thereof  to  be  so  arranged  that  the  amounts 
payable  in  the  several  years  of  the  period  of  amortization 
other  than  the  final  year,  shall  be  as  nearly  equal  as  in  the 
opinion  of  the  state  treasurer  it  is  practicable  to  make  them. 
Said  bonds  shall  bear  interest  semi-annually  at  such  rate  as 
the  state  treasurer,  with  the  approval  of  the  governor,  shall 
fix.  The  initial  maturities  of  such  bonds  shall  be  payable 
not  later  than  one  year  from  the  date  of  issue  thereof  and  the 
entire  issue  not  later  than  June  thirtieth,  nineteen  hundred 
and  eighty. 

Section  5.  On  and  after  the  effective  date  of  this  act, 
the  state  treasurer  shall  not  sell  any  additional  bonds  under 
the  provisions  of  section  four  of  chapter  six  hundred  and  four 
of  the  acts  of  nineteen  hundred  and  fifty-two.  To  meet  the 
additional  expenditures  necessary  in  carrying  out  the  pro- 
visions of  said  chapter  six  hundred  and  four  of  the  acts  of 
nineteen  hundred  and  fifty-two,  the  state  treasurer  shall, 
upon  request  of  the  governor  and  council,  issue  and  sell  at 
public  or  private  sale  bonds  of  the  commonwealth,  regis- 
tered or  with  interest  coupons  attached,  as  he  may  deem 
best,  to  an  amount  to  be  specified  by  the  governor  and  council 
from  time  to  time,  but  not  exceeding  in  the  aggregate  the 
balance  authorized  to  be  issued  under  said  chapter  six 
hundred  and  four  and  remaining  unsold  on  the  effective  date 
of  this  act.  All  bonds  issued  by  the  commonwealth,  as 
aforesaid,  shall  be  designated  on  the  face,  Capital  Outlay 
Loan  Act  of  1952-1955,  and  shall  be  on  the  serial  payment 
plan  for  such  maximum  term  of  years,  not  exceeding  twenty 
years,  as  the  governor  may  recommend  to  the  general  court 
pursuant  to  section  3  of  Article  LXII  of  the  Amendments 
to  the  Constitution  of  the  Commonwealth,  the  maturities 
thereof  to  be  so  arranged  that  the  amounts  payable  in  the 
several  years  of  the  period  of  amortization  other  than  the 
final  year,  shall  be  as  nearly  equal  as  in  the  opinion  of  the 


774  Acts,  1955.  —  Chap.  738. 

state  treasurer  it  is  practicable  to  make  them.  Said  bonds 
shall  bear  interest  semi-annually  at  such  rate  as  the  state 
treasurer,  with  the  approval  of  the  governor,  shall  fix.  The 
initial  maturities  of  such  bonds  shall  be  payable  not  later 
than  one  year  from  the  date  of  issue  thereof  and  the  entire 
issue  not  later  than  June  thirtieth,  nineteen  hundred  and 
eighty. 

Section  6.  On  and  after  the  effective  date  of  this  act, 
the  state  treasurer  shall  not  sell  any  additional  bonds  under 
the  provisions  of  section  four  of  chapter  six  hundred  and  sixty 
of  the  acts  of  nineteen  hundred  and  fifty-three.  To  meet  the 
additional  expenditures  necessary  in  carrying  out  the  pro- 
visions of  said  chapter  six  hundred  and  sixty  of  the  acts  of 
nineteen  hundred  and  fifty-three,  the  state  treasurer  shall, 
upon  request  of  the  governor  and  council,  issue  and  sell  at 
public  or  private  sale  bonds  of  the  commonwealth,  registered 
or  with  interest  coupons  attached,  as  he  may  deem  best,  to 
an  amount  to  be  specified  by  the  governor  and  council  from 
time  to  time,  but  not  exceeding  in  the  aggregate  the  balance 
authorized  to  be  issued  under  said  chapter  six  hundred  and 
sixty  and  remaining  unsold  on  the  effective  date  of  this  act. 
All  bonds  issued  by  the  commonwealth,  as  aforesaid,  shall  be 
designated  on  the  face,  Capital  Outlay  Loan  Act  of  1953- 
1955,  and  shall  be  on  the  serial  payment  plan  for  such  maxi- 
mum term  of  years,  not  exceeding  twenty  years,  as  the  gov- 
ernor may  recommend  to  the  general  court  pursuant  to 
section  3  of  Article  LXII  of  the  Amendments  to  the  Consti- 
tution of  the  Commonwealth,  the  maturities  thereof  to  be  so 
arranged  that  the  amounts  payable  in  the  several  years  of  the 
period  of  amortization  other  than  the  final  year,  shall  be  as 
nearly  equal  as  in  the  opinion  of  the  state  treasurer  it  is  prac- 
ticable to  make  them.  Said  bonds  shall  bear  interest  semi- 
annually at  such  rate  as  the  state  treasurer,  with  the  ap- 
proval of  the  governor,  shall  fix.  The  initial  maturities  of 
such  bonds  shall  be  payable  not  later  than  one  year  from  the 
date  of  issue  thereof  and  the  entire  issue  not  later  than  June 
thirtieth,  nineteen  hundred  and  eighty. 

Section  7.  On  and  after  the  effective  date  of  this  act, 
the  state  treasurer  shall  not  sell  any  additional  bonds  under 
the  provisions  of  section  four  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  nineteen  hundred  and  fifty-four. 
To  meet  the  additional  expenditures  necessary  in  carrying 
out  the  provisions  of  said  chapter  four  hundred  and  seventy- 
one  of  the  acts  of  nineteen  hundred  and  fifty-four  or  to  re- 
finance notes  issued  as  provided  in  section  three  of  said 
chapter  four  hundred  and  seventy-one,  the  state  treasurer 
shall,  upon  request  of  the  governor  and  council,  issue  and 
sell  at  public  or  private  sale  bonds  of  the  commonwealth, 
registered  or  with  interest  coupons  attached,  as  he  may  deem 
best,  to  an  amount  to  be  specified  by  the  governor  and 
council  from  time  to  time,  but  not  exceeding  in  the  ag- 
gregate the  balance  authorized  to  be  issued  under  said  chap- 
ter four  hundred  and  seventy-one  and  remaining  unsold  on 


Acts,  1955.  — Chap.  739.  775 

the  effective  date  of  this  act.  All  bonds  issued  by  the  com- 
monwealth, as  aforesaid,  shall  be  designated  on  the  face, 
Capital  Outlay  Loan  Act  of  1954-1955,  and  shall  be  on  the 
serial  payment  plan  for  such  maximum  term  of  years,  not 
exceeding  twenty  years,  as  the  governor  may  recommend 
to  the  general  court  pursuant  to  section  3  of  Article  LXII  of 
the  Amendments  to  the  Constitution  of  the  Common- 
wealth, the  maturities  thereof  to  be  so  arranged  that  the 
amounts  payable  in  the  several  j'-ears  of  the  period  of  amorti- 
zation other  than  the  final  year,  shall  be  as  nearly  equal  as  in 
the  opinion  of  the  state  treasurer  it  is  practicable  to  make 
them.  Said  bonds  shall  bear  interest  semi-annually  at  such 
rate  as  the  state  treasurer,  with  the  approval  of  the  governor, 
shall  fix.  The  initial  maturities  of  such  bonds  shall  be  pay- 
able not  later  than  one  year  from  the  date  of  issue  thereof 
and  the  entire  issue  not  later  than  June  thirtieth,  nineteen 
hundred  and  eighty. 

Approved  September  8,  1955. 


An  Act  clarifying  the  purposes  of  the  highway  flood  pi       ^qq 

RELIEF    LOAN,    ACT    OF    NINETEEN    HUNDRED    AND    FIFTY-  ^ '^(^V '  * '^^ 
FIVE. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  to  provide  immediately  for  the  preamble, 
relief  of  the  disaster  caused  by  the  floods  of  August,  nineteen 
hundred  and  fifty-five,  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.  Chapter  698  of  the  acts  of  1955  is  hereby 
amended  by  striking  out  section  1  and  inserting  in  place 
thereof  the  following  section :  —  Section  1 .  To  provide  for 
certain  repairs  upon  public  highways  in  the  areas  stricken 
by  the  floods  caused  by  the  rains  of  August  eighteenth  and 
nineteenth  of  the  current  year,  as  more  clearly  specified 
hereinafter,  the  sum  of  twenty-five  million  dollars  is  hereby 
made  available  for  transfer  by  the  commission  on  adminis- 
tration and  finance,  at  its  discretion,  for  the  following  pur- 
poses :  — 

(1)  To  the  director  of  civil  defense  such  amounts  as  may 
be  necessary  to  provide  for  expenditures  or  reimbursements 
and  other  expenses  authorized  by  section  four  of  this  act. 

(2)  To  reimburse  the  appropriation  accounts  available 
for  the  fiscal  year  nineteen  hundred  and  fifty-six  of  the  sev- 
eral other  state  departments,  boards  and  commissions 
such  amounts  as,  in  the  opinion  of  the  commission,  are 
necessary  and  have  been  expended  therefrom  for  purposes  of 
construction,  reconstruction  or  repair  of  public  highways 
damaged  by  said  floods. 

Section  2.  Said  chapter  698  is  hereby  further  amended 
by  striking  out  section  4  and  inserting  in  place  thereof  the 


776  Acts,  1955.  — Chap.  740. 

following  section :  —  Section  4-  The  commonwealth  shall, 
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,  the  commissioner  of  adminis- 
tration, and  the  commissioner  of  public  works,  reimburse  or 
allocate  for  the  benefit  of  the  political  subdivisions  of  the 
commonwealth  affected  by  said  August  floods,  an  amount 
equal  to  their  obligations  of  repayment  of  any  indebtedness 
incurred  under  the  provisions  of  chapter  six  hundred  and 
thirty-nine  of  the  acts  of  nineteen  hundred  and  fifty,  as 
amended,  or  incurred  under  the  provisions  of  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  emer- 
gency highway  repairs  necessitated  by  said  floods,  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  such  repairs,  and,  in  addi- 
tion, the  commonwealth  may  expend  amounts  approved  by 
said  board  referred  to  above  for  purposes  of  construction, 
reconstruction  or  repair  of  public  highways  damaged  by 
said  floods,  for  the  benefit  of  the  pohtical  subdivisions  of  the 
commonwealth  affected  by  said  August  floods;  provided, 
that  the  total  amount  to  be  paid  by  the  commonwealth  for 
such  purposes  shall  not  exceed  twenty-five  milhon  dollars. 

Approved  September  8,  1955. 


Chap. 7 40       An  Act  relative  to  the  settlement  of  veterans. 

Emergency  Whersos,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  to  provide  without  delay  cer- 
tain benefits  for  veterans  and  their  dependents,  therefore  it 
is  hereby  declared  to  be  an  emergency  law,  necessary  for  the 
immediate  preservation  of  the  public  convenience. 

Be  it  enacted,  etc.,  asfolloivs: 

G  L.  (Ter.  SECTION  L     Sectiou   1   of  chapter   116  of  the  General 

etc;;'ameAded'.    Laws  is  hereby  amended  by  striking  out  clause  Fifth,  as 
most  recently  amended  by  section  5  of  chapter  403  of  the 
acts  of  1955,  and  inserting  in  place  thereof  the  following 
clause:  — 
Settlement  Fifth,  (A)  A  persou  who  enlisted  or  was  commissioned  and 

was  mustered  into  or  continued  in  the  military  or  naval 
service  of  the  United  States,  as  a  part  of  the  quota  of  a  town 
in  the  commonwealth  under  any  call  of  the  president  of  the 
United  States  during' the  war  of  the  rebellion,  between  the 
nineteenth  day  of  April,  eighteen  hundred  and  sixty-one, 
and  the  first  day  of  September,  eighteen  hundred  and  sixty- 
five,  both  dates  inclusive,  or  who  was  assigned  as  a  part 
of  the  quota  thereof  after  having  enlisted  or  having  been 


of  veterans. 


Acts,  1955. —  Chap.  740.  777 

commissioned  and  mustered  into  said  service,  or  continuing 
therein,  and  his  wife  or  widow  and  minor  children,  shall  be 
deemed  thereby  to  have  acquired  a  settlement  in  such  town ; 
a  person  who  would  otherwise  be  entitled  to  a  settlement 
hereunder  but  who  was  not  a  part  of  the  quota  of  any  town, 
shall,  if  he  served  as  a  part  of  the  quota  of  this  common- 
wealth, be  deemed  thereby  to  have  acquired  a  settlement  for 
himself,  his  wife  or  widow  and  minor  children,  in  the  town 
where  he  actually  resided  in  this  commonwealth  at  the  time 
of  his  enhstment  or  commissioning  or  continuance  in  active 
federal  service,  between  said  dates;  (B)  A  person  who  en- 
Usted  or  was  commissioned  and  was  mustered  into  or  con- 
tinued in  the  miUtary  or  naval  service  of  the  United  States 
during  the  Spanish  War,  including  the  period  of  the  Philip- 
pine Insurrection  and  the  China  Relief  Expedition,  between 
the  fifteenth  day  of  February,  eighteen  hundred  and  ninety- 
eight,  and  the  fourth  day  of  July,  nineteen  hundred  and  two, 
both  dates  inclusive,  whether  he  served  as  a  part  of  the 
quota  of  this  commonwealth  or  not,  and  his  wife  or  widow 
and  minor  children  shall  be  deemed  thereby  to  have  acquired 
a  settlement  in  the  town  where  he  actually  resided  in  this 
commonwealth  at  the  time  of  his  entry  into  or  continuance 
in  active  federal  service,  between  said  dates;  (C)  A  person 
who  enlisted  or  was  commissioned  or  inducted  and  was 
mustered  into  or  continued  in  the  miUtary  or  naval  service 
of  the  United  States,  and  a  member  of  the  National  Guard  of 
the  commonwealth  who  responded  to  the  call  of  the  president 
of  the  United  States,  during  World  War  I,  between  the  third 
day  of  February,  nineteen  hundred  and  seventeen,  and  the 
eleventh  day  of  November,  nineteen  hundred  and  eighteen, 
both  dates  inclusive,  whether  he  served  as  a  part  of  the  quota 
of  this  commonwealth  or  not,  and  his  wife  or  widow  and 
minor  children  shall  be  deemed  thereby  to  have  acquired  a 
settlement  in  the  town  where  he  actually  resided  in  this 
commonwealth  at  the  time  of  his  entry  into  or  continuance 
in  active  federal  service,  between  said  dates;  (D)  A  person 
who  enlisted  or  was  commissioned  or  inducted  and  was 
mustered  into  or  continued  in  the  military  or  naval  service 
of  the  United  States,  and  a  member  of  the  National  Guard 
of  the  commonwealth  who  responded  to  the  call  of  the  presi- 
dent of  the  United  States,  during  World  War  II,  between  the 
sixteenth  day  of  September,  nineteen  hundred  and  forty, 
and  the  thirty-first  day  of  December,  nineteen  hundred  and 
forty-six,  both  dates  inclusive,  whether  he  served  as  a  part 
of  the  quota  of  the  commonwealth  or  not,  and  his  wife  or 
widow  and  minor  children  shall  be  deemed  thereby  to  have 
acquired  a  settlement  in  the  town  where  he  actually  resided 
in  this  commonwealth  at  the  time  of  his  entry  into  or  con- 
tinuance in  active  federal  service,  between  said  dates; 
(E)  A  person  who  enlisted  or  was  commissioned  or  inducted 
and  was  mustered  into  or  continued  in  or  was  recalled  into, 
the  armed  forces  of  the  United  States,  and  a  member  of  the 
National  Guard  of  the  commonwealth  called  to  duty  and 


Acts,  1955.  — Chap.  740. 


G.  L.  (Ter. 
Ed.),  116,  §  2, 
etc.,  amended. 


Settlement  not 
acquired  while 
receiving 
public  relief. 


actually  serving  with  the  said  armed  forces,  either  indi- 
vidually or  as  a  member  of  his  respective  unit,  during  the 
Korean  Emergency,  between  the  twenty-fifth  day  of  June, 
nineteen  hundred  and  fifty,  and  the  thirty-first  day  of  Jan- 
uary, nineteen  hundred  and  fifty-five,  both  dates  inclusive, 
whether  he  served  as  a  part  of  the  quota  of  the  common- 
wealth or  not,  and  his  wife  or  widow  and  minor  children  shall, 
as  of  the  date  of  his  termination  of  active  duty  with  the  said 
armed  forces,  either  by  death,  release  or  discharge,  be  deemed 
thereby  to  have  acquired  a  settlement  in  the  town  where 
he  actually  resided  in  the  commonwealth  at  the  time  of  his 
entry  into  or  continuance  in  active  federal  service,  between 
said  twenty-fifth  day  of  June,  nineteen  hundred  and  fifty, 
and  said  thirty-first  day  of  January,  nineteen  hundred  and 
fifty-five;  provided,  that  the  provisions  of  this  clause  shall 
apply  only  where  active  federal  service  was  terminated  by 
death  under  circumstances  other  than  dishonorable,  by 
reason  of  disability  not  the  result  of  the  person's  own  mis- 
conduct, or  by  release  or  discharge  under  honorable  con- 
ditions; and  provided,  further,  that  the  provisions  of  this 
clause  shall  not  apply  to  any  person  who  enlisted  and  re- 
ceived a  bounty  for  such  enlistment  in  more  than  one  town 
unless  the  second  enlistment  was  made  after  an  honorable 
discharge  from  the  first  term  of  service,  nor  to  any  person 
who  has  been  proved  guilty  of  wilful  desertion,  nor  to  any 
person  who  when  he  entered  active  federal  service  was  a 
subject  or  citizen  of  a  neutral  country,  had  filed  his  intention 
to  become  a  citizen  of  the  United  States,  and  afterward 
withdrew  such  intention  under  the  act  of  Congress  approved 
on  July  ninth,  nineteen  hundred  and  eighteen,  nor  to  any 
person  designated  on  his  last  discharge  or  release  from  active 
federal  service  as  a  conscientious  objector,  nor  to  any  person 
who  was  discharged  or  released  on  his  own  application  or 
solicitation  by  reason  of  his  being  an  enemy  alien. 

Section  2.  If  any  person  gained  a  settlement  under  the 
provisions  of  clause  Fifth  of  section  one  of  chapter  one  hun- 
dred and  sixteen  of  the  General  Laws,  as  appearing  in  sec- 
tion six  of  chapter  five  hundred  and  ninety  of  the  acts  of 
nineteen  hundred  and  fifty-one,  or  as  amended  by  section 
forty-six  of  chapter  six  hundred  and  twenty-seven  of  the 
acts  of  nineteen  hundred  and  fifty-four,  who  would  not  be 
eligible  for  the  acquisition  of  a  settlement  under  clause 
Fifth,  as  amended  by  section  one  of  this  act,  said  gained 
settlement  is  hereby  defeated,  and  the  settlement,  if  any,  of 
such  person  existing  on  the  seventh  day  of  August,  nineteen 
hundred  and  fifty-one,  or  the  ninth  day  of  June,  nineteen 
hundred  and  fifty-four,  as  the  case  may  be,  is  hereby  revived. 

Section  3.  Section  2  of  chapter  116  of  the  General 
Laws,  as  most  recently  amended  by  section  4  of  chapter 
584  of  the  acts  of  1946,  is  hereby  further  amended  by  strik- 
ing out  the  first  sentence  and  inserting  in  place  thereof  the 
following  sentence :  —  No  person  shall  acquire  a  settlement, 
or  be  in  the  process  of  acquiring  a  settlement,  while  receiving 


Acts,  1955. —  Chap.  741.  779 

public  relief,  unless  within  two  years  after  receiving  such 
relief,  he  tenders  reimbursement  of  the  cost  thereof  to  the 
commonwealth  or  to  the  town  furnishing  it;  provided,  that 
benefits  received  under  chapter  one  hundred  and  fifteen 
shall  not  be  considered  public  relief  for  the  purposes  of  this 
section;  and  provided,  further,  that  receipt  of  pubhc  relief 
by  a  veteran  whose  service  qualifies  him  to  receive  benefits 
under  said  chapter  one  hundred  and  fifteen,  or  by  a  depend- 
ent of  a  veteran  qualified  by  his  service  to  receive  such 
benefits,  shall  not  prevent  such  veteran  or  dependent,  in 
accordance  with  the  provisions  of  this  section,  from  ac- 
quiring, or  being  in  the  process  of  acquirmg,  a  settlement, 
unless  the  veterans'  agent  of  the  town  of  settlement,  if  any, 
of  such  veteran  or  dependent,  or  the  commissioner  of  vet- 
erans' services,  if  such  veteran  or  dependent  has  no  settle- 
ment, shall  notify,  in  writing,  the  pubhc  weKare  authorities 
of  the  town  furnishing  such  public  relief  that  such  veteran 
or  dependent  is  not  eligible  for  benefits  under  said  chapter 
one  hundred  and  fifteen,  in  answer  to  a  notice,  in  writing, 
which,  in  addition  to  any  notice  required  by  law  to  be  given 
to  the  public  welfare  authorities  of  the  town  of  settlement, 
if  any,  and  to  the  commissioner  of  public  welfare,  shall,  in 
the  case  of  such  veteran  or  dependent,  be  given  forthwith 
to  the  veterans'  agent  of  the  town  of  settlement,  if  any, 
and  to  the  commissioner  of  veterans'  services  by  the  town 
granting  such  public  relief.      Approved  September  8,  1955. 


Chap.74:l 


G.  L.  (Ter. 


An  Act  increasing  the  salaries  of  certain  justices 

OF  THE   district    COURTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  218  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  78,  as  most  recently  amended  Ed.T.'2i8."§  78, 
by  chapter  453  of  the  acts  of  1953,  and  inserting  in  place  ®*°' ^™^°'^®'*- 
thereof  the  following  section :  — •  Section  78.  The  salary  of  salaries  of 
the  justice  of  the  municipal  court  of  the  Dorchester  dis-  district  wiutl 
trict  shall  be  eighty-seven  hundred  dollars.  The  salary  of 
the  justice  of  each  of  the  following  district  courts  shall  be 
seventy-eight  hundred  and  ninety  dollars:  district  court  of 
southern  Essex,  district  court  of  Somerville,  district  court 
of  Lowell;  the  salary  of  the  justice  of  each  of  the  following 
district  courts  shall  be  seventy-five  hundred  and  forty-five 
dollars:  third  district  court  of  Bristol,  first  district  court  of 
Essex,  second  district  court  of  eastern  Middlesex,  district 
court  of  Chelsea;  the  salary  of  the  justice  of  each  of  the 
following  district  courts  shall  be  seventy-four  hundred  dol- 
lars: East  Boston  district  court,  municipal  court  of  the 
West  Roxbury  district,  municipal  court  of  the  South  Boston 
district,  district  court  of  Lawrence,  district  court  of  Newton, 
district  court  of  Brockton,  municipal  court  of  the  Charles- 
town  district,  municipal  court  of  the  Brighton  district;  the 
salary  of  the  justice  of  each  of  the  following  district  courts 
shall  be  sixty-six  hundred  dollars :  municipal  court  of  Brook- 


780  Acts,  1955.  — Chap.  741. 

line,  fourth  district  court  of  eastern  Middlesex,  district  court 
of  central  Berkshire,  district  court  of  northern  Norfolk,  cen- 
tral district  court  of  northern  Essex;  the  salary  of  the  justice 
of  each  of  the  following  district  courts  shall  be  six  thousand 
dollars:  second  district  court  of  Plymouth,  first  district 
court  of  southern  Middlesex,  district  court  of  Holyoke,  dis- 
trict court  of  Hampshire,  district  court  of  Fitchburg,  first 
district  court  of  Bristol,  first  district  court  of  southern 
Worcester;  the  salary  of  the  justice  of  each  of  the  following 
district  courts  shall  be  fifty-five  hundred  dollars:  district 
court  of  eastern  Essex,  first  district  court  of  northern  Worces- 
ter, fourth  district  court  of  Bristol,  district  court  of  Newbury- 
port,  district  court  of  western  Norfolk,  district  court  of 
Chicopee,  district  court  of  central  Middlesex,  district  court 
of  Franklin;  the  salary  of  the  justice  of  each  of  the  follow- 
ing district  courts  shall  be  forty-nine  hundred  dollars:  first 
district  court  of  Barnstable,  fourth  district  court  of  Plym- 
outh, district  court  of  western  Hampden,  district  court  of 
Marlborough,  third  district  court  of  Plymouth;  the  salary 
of  the  justice  of  each  of  the  following  district  courts  shall  be 
forty-six  hundred  and  forty  dollars:  first  district  court  of 
northern  Middlesex,  district  court  of  Leominster,  district 
court  of  northern  Berkshire,  district  court  of  Natick,  district 
court  of  southern  Norfolk,  district  court  of  western  Worces- 
ter, third  district  court  of  southern  Worcester,  district  court 
of  eastern  Hampden,  second  district  court  of  eastern  Worces- 
ter, second  district  court  of  Essex,  second  district  court  of 
southern  Worcester,  fourth  district  court  of  Berkshire,  first 
district  court  of  eastern  Worcester,  district  court  of  eastern 
Hampshire;  the  salary  of  the  justice  of  each  of  the  following 
district  courts  shall  be  thirty-nine  hundred  dollars:  second 
district  court  of  Barnstable,  district  court  of  Lee,  third  dis- 
trict court  of  Essex,  district  court  of  Winchendon,  district 
court  of  eastern  Franklin,  district  court  of  WiUiamstown; 
the  salary  of  the  justice  of  the  district  court  of  southern 
Berkshire  shall  be  forty-six  hundred  and  forty  dollars;  the 
salary  of  the  justice  of  the  district  court  of  Peabody  shall  be 
fifty-five  hundred  dollars.  The  salary  of  the  justice  of  the 
district  court  of  Dukes  county  shall  be  forty-three  hundred 
and  forty  dollars  and  the  salary  of  the  justice  of  the  district 
court  of  Nantucket  shall  be  thirty-five  hundred  dollars. 

Section  1A.  Section  seventy-seven  of  said  chapter  two 
hundred  and  eighteen  is  hereby  repealed. 

Section  2.  Notwithstanding  any  provisions  of  this  act 
to  the  contrary  the  provisions  of  sections  seventy-seven  and 
seventy-eight  of  chapter  two  hundred  and  eighteen  of  the 
General  Laws  in  effect  immediately  prior  to  the  effective 
date  of  chapter  seven  hundred  and  sixty-eight  of  the  acts  of 
nineteen  hundred  and  fifty-one  shall  remain  in  effect  and 
apply  to  appointments  to  the  offices  referred  to  therein  which 
are  made  on  or  after  the  effective  date  of  this  act. 

Section  3.  This  act  shall  take  effect  on  October  first, 
nineteen  hundred  and  fifty-five.  Approved  September  8, 1965. 


Acts,  1955. —  Chaps.  742,  743.  781 


An  Act  relative  to  exhibiting  motion  pictubbs  and  Chap. 7 42 

USING  RADIO   OR  TELEVISION   ON  THE   LORD's   DAY. 

Whereas,  The  deferred  operation  of  this  act  would  tend  ^^ambi°°^ 
to  defeat  its  purpose,  which  is  to  provide  forthwith  that  the 
exhibition  of  motion  pictures  on  the  Lord's  day  be  excluded 
from  certain  provisions  of  law  regulating  certain  other  enter- 
tainment on  said  day,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  inmiediate  preservation 
of  the  public  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  4  of  chapter  136  of  the  General  Laws,  as  most  ^•^^-  {J|'j  ^ 
recently  amended  by  chapter  303  of  the  acts  of  1954,  is  etc!,  ameided! 
hereby  further  amended  by  adding  at  the  end  the  following 
sentence: — ^The  foregoing  provisions,  insofar  as  they  au- Licensing  of 
thorize  any  person  to  refuse  to  grant,  or  to  suspend,  revoke  ent'ertaiSSt 
or  annul  a  license  upon  the  ground  that  the  proposed  enter-  ^  ^ord^s  day, 
tainment  is  not  in  keeping  with  the  character  of  the  Lord's  ^^  ^^  ■ 
day  or  not  consistent  with  its  due  observance,  and  insofar 
as  they  require  written  approval  of  the  proposed  entertain- 
ment by  said  commissioner,  shall  not  apply  to  any  person 
making  an  application  for  a  license  to  exhibit  motion  pic- 
tures or  for  the  use  of  radio  or  television  on  said  day,  nor  to 
any  license  issued  upon  such  appUcation. 

Approved  September  9,  1955. 


An  Act  authorizing  the  metropolitan  district  commis-  Chap. 7 43 

SION  TO  improve  THE  NEPONSET  RIVER  AND  TRIBUTARIES 
THEREOF,  SO  AS  TO  PERMIT  RECLAMATION  OF  CERTAIN 
LANDS  IN  THE  NEPONSET  RIVER  VALLEY  AND  FLOOD  CON- 
TROL THEREIN,  AND  ESTABLISHING  THE  NEPONSET  RIVER 
DRAINAGE  AND  FLOOD  CONTROL  APPORTIONMENT  BOARD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission,  here- 
inafter called  the  commission,  is  hereby  authorized  and  di- 
rected to  dredge  and  otherwise  improve  the  Neponset  river 
channel  and  the  tributaries  of  said  Neponset  river,  including 
Mother  brook,  so  called,  to  reheve  flood  conditions  and  per- 
mit the  reclamation  of  the  lands  adjacent  thereto  in  the  city 
of  Boston  and  in  the  towns  of  Dedham,  Canton,  Westwood, 
Norwood,  Milton  and  Sharon.  The  commission  may  make 
application  for  federal  assistance  in  the  construction  of  any 
project  authorized  by  this  act  and  any  federal  funds  so  re- 
ceived shall  be  credited  to  the  metropoUtan  district  park 
funds  and  be  used  to  pay  debt  service  costs  incurred  as 
authorized  by  this  act. 

Section  2.  The  commission,  for  the  purposes  of  this  act, 
may,  on  behalf  of  the  commonwealth,  take  by  eminent  do- 
main under  chapter  seventy-nine  of  the  General  Laws,  or 
acquire  by  purchase  or  otherwise,  any  lands,  waters,  water 


782  Acts,  1955.  —  Chap.  743. 

rights,  watercourses,  rights  of  way,  easements,  or  other 
property  or  interest  in  property,  and  shall  have  all  the 
rights,  powers  and  duties  and  be  subject  to  the  limitations 
of  section  thirty-two  of  chapter  ninety-two  of  the  General 
Laws;  provided,  however,  that  cities  and  towns  in  the  area 
or  areas  within  which  construction  may  occur  shall  grant  to 
the  commission  the  right  to  enter  upon  any  public  land  and 
to  construct  such  facihties  as  may  be  necessary  without  re- 
course to  damages  therefor.  The  commission,  however,  shall, 
as  provided  in  said  section  thirty-two,  heed  all  reasonable 
requests  of  officials  of  said  cities  and  towns  to  restore,  so  far 
as  practicable,  such  pubUc  property  to  as  good  condition  as 
the  same  was  in  when  such  construction  was  commenced. 

Section  3.  Notwithstanding  the  provisions  of  any  special 
or  general  law  to  the  contrary,  the  commission,  for  the  pur- 
poses of  flood  control  and  the  regulation  of  the  water  level 
in  the  Neponset  river  and  Mother  brook,  is  hereby  author- 
ized to  estabhsh  rules  and  regulations  governing  the  con- 
struction, reconstruction,  maintenance  and  repair  of  dams 
on  the  Neponset  river  and  Mother  brook,  and  the  storage 
and  discharge  of  water  therefrom  into  said  streams. 

Section  4.  The  commission  shall  determine,  as  nearly  as 
may  be,  what  portion  of  the  improvement  provided  for  by 
this  act  is  to  permit  the  reclamation  of  land  and  what  por- 
tion thereof  is  to  protect  the  Neponset  river  watershed  and 
valley  from  floods,  and  shall  divide  the  cost  of  the  whole 
improvement  accordingly.  As  used  in  sections  five  and  six, 
the  words  "improvement  provided  for  by  this  act"  and  "such 
improvement"  shall  be  construed  to  mean  only  such  portion 
of  the  whole  improvement  provided  for  by  this  act  as  is  to 
permit  the  reclamation  of  land. 

Section  5.  There  shall  be  in  the  metropoHtan  district 
commission  but  not  subject  to  its  direction  or  control,  the 
Neponset  River  Drainage  and  Flood  Control  Apportionment 
Board,  hereinafter  called  the  board,  consisting  of  the  chair- 
men of  the  boards  of  assessors  of  the  several  cities  and  towns 
named  in  section  one.  Said  board  shall  determine  the  sev- 
eral estates  in  said  cities  and  towns  especially  benefited  by 
the  improvement  provided  for  by  this  act,  including  all  such 
estates  pubhcly  owned  and  the  value  of  the  benefit  or  advan- 
tage, other  than  the  general  advantage  to  the  community, 
received  by  each  of  said  estates  and  shall  apportion  the  total 
cost  of  such  improvement  among  said  estates  in  proportion 
to  the  value  of  said  benefit  or  advantage  received  by  each 
of  them.  The  metropolitan  district  commission  shall  fur- 
nish said  board  all  information  and  assistance  necessary  for 
the  performance  of  its  duties.  Upon  the  completion  of  its 
work,  said  board  shall  certify  its  determinations  and  appor- 
tionment to  each  of  said  cities  and  towns. 

The  share  of  the  cost  of  the  improvement  provided  for  by 
this  act  apportioned  as  aforesaid  to  estates  in  each  of  said 
cities  and  towns  other  than  estates  under  the  jurisdiction  of 
the  metropolitan  district  commission  shall  be  assessed  upon 


Acts,  1955.  —  Chap.  743.  783 

such  city  or  town  in  the  manner  provided  in  section  fifty- 
nine  A  of  chapter  ninety- two  of  the  General  Laws.  Such 
assessment  shall  be  made  in  equal  installments  over  a  twenty- 
year  period  and  shall  be  payable  in  the  fiscal  year  in  which 
payments  are  due  on  bonds  authorized  to  be  issued  under 
section  eight;  provided,  however,  if  the  board  fails  to  submit 
its  final  report  on  the  apportionment  as  authorized  by  this 
section,  the  metropolitan  district  commission  may  for  any 
fiscal  year  make  an  assessment  on  an  estimated  basis  in  order 
to  provide  payments  as  required  by  this  act.  All  payments 
received  by  the  state  treasurer  shall  be  credited  to  the  met- 
ropolitan district  commission  park  funds. 

Section  6.  Within  one  year  after  the  board  certifies  its 
determination  and  apportionment  as  aforesaid,  each  of  the 
several  cities  and  towns  named  in  section  one  shall  deter- 
mine, in  the  case  of  a  city,  by  vote  of  its  city  council  with 
the  approval  of  its  mayor,  and  in  the  case  of  a  town,  by  vote 
at  a  regular  or  special  town  meeting,  whether  betterments 
shall  be  assessed  upon  the  several  estates  in  such  city  or 
town  especially  benefited  by  the  improvement  provided  for 
by  this  act.  The  assessors  of  each  such  city  or  town  in 
which  it  is  so  voted  to  assess  betterments  for  such  improve- 
ment shall  within  six  months  thereafter  assess  upon  each 
such  estate  its  proportionate  share  of  the  cost  of  such  im- 
provement; provided,  that  no  such  assessment  shall  exceed 
the  value  of  the  benefit  or  advantage  received  by  the  estate 
upon  which  it  is  made.  The  order  of  assessment  shall  con- 
tain a  description  sufficiently  accurate  for  identification  of 
each  estate  assessed,  the  value  of  the  benefit  or  advantage 
received  by  such  estate,  and  the  amount  of  the  assessment 
thereon;  and  a  copy  of  such  order  shall  be  recorded  within 
thirty  days  after  its  adoption  in  the  registry  of  deeds  of  the 
county  or  district  in  which  the  city  or  town  lies.  Every 
assessment  made  under  this  section  shall  constitute  a  lien 
upon  the  estate  assessed  from  and  after  the  recording  of  the 
copy  of  such  order  as  aforesaid.  Such  lien  shall  continue 
for  the  same  period  and  under  the  same  conditions  as  a  lien 
established  under  chapter  eighty  of  the  General  Laws  and 
acts  in  amendment  or  revision  thereof.  The  provisions  of 
said  chapter  eighty  relative  to  the  apportionment,  division, 
reassessment,  abatement  and  collection  of  assessments,  and 
to  interest,  shall  apply  to  assessments  made  under  this 
section. 

Section  7.  The  commission  may  sell  at  public  or  private 
sale,  or  exchange  or  lease  any  property,  real  or  personal,  or 
any  easement  or  water  right,  acquired  under  the  provisions 
of  this  act,  which  in  the  opinion  of  said  commission  is  no 
longer  needed  for  the  purposes  of  this  act  and  any  sums  re- 
ceived from  such  sale,  exchange  or  lease  shall  be  credited  to 
the  metropolitan  district  commission  park  funds. 

Section  8.  To  meet  the  expenditure  necessary  in  carry- 
ing out  the  provisions  of  this  act,  the  state  treasurer  shall, 
upon  request  of  the  governor  and  council,  issue  and  sell  at 


784  Acts,  1955— Chap.  744. 

public  or  private  sale  bonds  of  the  commonwealth,  registered 
or  with  interest  coupons  attached,  as  he  may  deem  best,  to 
an  amount  to  be  specified  by  the  governor  and  council  from 
time  to  time,  but  not  exceeding  in  the  aggregate,  the  siun 
of  two  milhon  dollars.  All  bonds  issued  by  the  common- 
wealth, as  aforesaid,  shall  be  designated  on  the  face,  Nepon- 
set  River  Drainage  and  Flood  Control,  Act  of  1955,  and  shall 
be  on  the  serial  payment  plan  for  such  maximum  term  of 
years,  not  exceeding  twenty  years,  as  the  governor  may 
recommend  to  the  general  court  pursuant  to  section  3  of 
Article  LXII  of  the  Amendments  to  the  Constitution  of  the 
commonwealth,  the  maturities  thereof  to  be  so  arranged  that 
the  amounts  payable  in  the  several  years  of  the  period  of 
amortization  other  than  the  final  year  shall  be  as  nearly  equal 
as  in  the  opinion  of  the  state  treasurer  it  is  practicable  to 
make  them.  Said  bonds  shall  bear  interest  semi-annually  at 
such  rate  as  the  state  treasurer,  with  the  approval  of  the 
governor,  shall  fix.  The  initial  maturities  of  such  bonds  shall 
be  payable  not  later  than  one  year  from  the  date  of  issue 
thereof  and  the  entire  issue  not  later  than  June  thirtieth, 
nineteen  hundred  and  eighty.  All  interest  payments  and 
payments  on  account  of  principal  on  such  obhgations  shall 
be  paid  from  the  metropoUtan  district  commission  park 
funds,  to  be  assessed  by  methods  fixed  by  law. 
Section  9.    This  act  shall  take  effect  upon  its  passage. 

Approved  September  9,  1955. 


Chap. 7^4:  An  Act  relative  to  fees  and  charges  of  registers  of 

PROBATE   AND   INSOLVENCY. 

Emergency  Wliereas,  The  deferred  operation  of  this  act  would  tend  to 

pream  e.  defeat  its  purpose,  which  is  to  change  forthwith  certain  fees 
and  charges  of  registers  of  probate  and  insolvency  in  certain 
cases,  therefore  it  is  hereby  declared  to  be  an  emergency 
law,  necessary  for  the  immediate  preservation  of  the  public 
convenience. 

Be  it  enacted,  etc.,  as  follows: 

Ed  ^'262%  40       Section  1.     Section  40  of  chapter  262  of  the  General 
etc'., 'amended.'  Laws,  as  most  recently  amended  by  section  1  of  chapter 
418  of  the  acts  of  the  current  year,  is  hereby  further  amended 
by  striking  out  the  eighth  paragraph  and  inserting  in  place 
thereof  the  following  paragraph :  — 
^®^^-  For  a  petition  or  application  for  allowance  of  any  ac- 

count, except  when  the  petitioner  or  accountant  certifies 
that  the  estate  does  not  exceed  one  thousand  dollars  in 
value,  five  dollars;  such  fee  to  be  charged  for  each  year  or 
major  fraction  thereof  covered  by  such  account. 

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

Approved  September  9,  1955. 


Acts,  1955.  — Chaps.  745,  746.  785 

An  Act  providing  for  reimbursement  to  certain  per-  Chap. 7 4:5 

SONS  OF  excise  TAXES  PREPAID  ON  CERTAIN  MERCHANDISE 
LOST,  RENDERED  UNMARKETABLE  OR  CONDEMNED  AS  A 
RESULT   OF   RECENT   FLOODS. 

Whereas,  The  deferred  operation  of  this  act  would  tend  Emergenoy 
to  defeat  its  purpose,  which  is  to  reimburse  forthwith  cer-  '^'^^^ 
tain  persons  for  excise  taxes  prepaid  on  certain  merchandise 
lost,  rendered  unmarketable  or  condemned  as  a  result  of  re- 
cent floods,  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  folloivs: 

Whenever  it  appears  that  a  person  who  has  been  Ucensed 
under  the  General  Laws  to  sell  cigarettes,  alcoholic  bev- 
erages or  gasoline  on  which  the  excises  owing  to  the  com- 
monwealth have  been  paid  and  who  at  the  time  of  the  floods 
which  were  caused  by  the  rains  of  August  eighteenth  and 
nineteenth  of  the  current  year  was  the  owner  of  any  such 
property  within  the  commonwealth,  and  which  property 
was  lost  or  rendered  unmarketable  or  condemned  by  a  duly 
authorized  public  health  authority,  and  which  losses  are  not 
compensated  for  by  insurance  or  otherwise,  the  state  tax 
commission  may,  in  its  discretion,  upon  proof  of  loss,  issue 
a  certificate  to  reimburse  said  person  for  the  amount  of  the 
excise  which  has  been  paid  on  the  said  lost,  unmarketable 
or  condemned  property.  The  state  treasurer  shall  pay  the 
amount  thus  certified  in  such  manner  as  the  certificate  shall 
provide,  without  any  appropriation  therefor  by  the  general 
court.  No  such  certificate  shall  be  issued  under  this  chapter 
unless  application  is  made  for  such  reimbursement  to  the 
state  tax  commission  on  a  form  approved  by  it  giving  such 
pertinent  information  as  the  said  tax  commission  may  re- 
quire, filed  with  the  said  commission  within  ninety  days  of 
the  effective  date  of  this  act.  In  issuing  certificates  here- 
under, the  said  commission  may,  if  it  deems  it  expedient, 
equalize  the  burden  of  reimbursement  by  providing  in  the 
certificate  for  postponement  of  reimbursement,  or  for  re- 
imbursement by  instalments.  The  decision  of  said  commis- 
sion regarding  the  implementation  of  any  of  the  provisions 
of  said  act  shall  be  final.  Approved  Septejnher  9,  1955. 

An  Act  reviving  the  hadley  special  tool  co.,  inc.      Chav.74:Q 
Whereas,  The  deferred  operation  of  this  act  would  tend  Emergency 
to  defeat  its  purpose,  which  is  to  allow  The  Hadley  Special  p^^ambie. 
Tool  Co.,  Inc.,  to  be  revived  forthmth  for  certain  purposes, 
therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  pubhc  con- 
venience. 
Be  it  enacted,  etc.,  as  follows: 

The  Hadley  Special  Tool  Co.,  Inc.,  a  corporation  dissolved 
on  May  twenty-fifth,  nineteen  hundred  and  forty-nine,  by 


786  Acts,  1955. —  Chaps.  747,  748. 

a  decree  of  the  supreme  judicial  court  of  Suffolk  county,  is 
hereby  revived  and  continued  for  a  period  of  one  year  from 
the  effective  date  of  this  act  in  order  to  allow  suits  to  be 
brought  against  it  and  to  allow  it  to  bring  a  suit  or  suits  to 
recover  funds  but  not  for  the  purpose  for  which  it  was  estab- 
lished. Approved  September  9,  1955. 


Chap. 7 4:7  An  Act  authorizing  the  city  of  Springfield  to  convey 

CERTAIN  PARK  LAND  TO  PETER  S.  SHEEHAN. 

Be  it  enacted,  etc.,  asfolloivs: 

The  city  of  Springfield  is  hereby  authorized,  through  its 
mayor,  to  convey  to  Peter  S.  Sheehan  of  said  city,  a  certain 
parcel  of  park  land  located  on  the  northerly  street  line  of 
St.  James  Boulevard  in  said  city,  hereinafter  described; 
provided,  that  the  board  of  park  commissioners  of  said  city 
shall,  by  vote  at  a  regular  meeting  of  said  board,  assent 
to  such  conveyance.  Said  parcel  of  land  is  bounded  and 
described  as  follows:  Beginning  at  a  stone  bound  in  the 
northerly  street  line  of  St.  James  Boulevard  at  the  southwest 
corner  of  land  now  or  formerly  of  Peter  S.  Sheehan;  thence 
running  north  9°  12'  35"  west  along  land  of  said  Sheehan 
a  distance  of  one  hundred  and  three  and  71/100  (103.71) 
feet  to  a  point  at  land  now  or  formerly  of  Jennie  I.  Mominee; 
thence  running  north  80°  47'  25"  east  along  land  now  or 
formerly  of  the  city  of  Springfield  a  distance  of  nine  and 
77/100  (9.77)  feet  to  a  point;  thence  running  south  11" 
57'  16"  east  along  land  of  said  city  of  Springfield  a  distance 
of  ninety-six  and  90/100  (96.90)  feet  to  a  point  in  the 
northerly  street  line  of  said  St.  James  Boulevard;  thence 
running  south  55°  06'  25"  west  along  the  northerly  street 
line  of  said  St.  James  Boulevard  a  distance  of  sixteen  (16) 
feet  to  a  stone  bound  at  the  point  of  beginning,  and  contain- 
ing about  twelve  hundred  and  twenty  square  feet. 

Approved  September  9,  1955. 


Chap. 7 48  An  Act  increasing  the  salaries  of  the  justices  of  the 

MUNICIPAL  COURT  OF  THE  CITY    OF   BOSTON,  AND    FURTHER 
DEFINING   THEIR   DUTIES. 

Be  it  enacted,  etc.,  as  folloios: 

Ed ^218% 75       Section  1.    Chapter  218  of  the  General  Laws  is  hereby 

etc.,  amended. '  amended  by  striking  out  section  75,  as  most  recently  amended 

by  section  1  of  chapter  749  of  the  acts  of  1951,  and  inserting 

Salaries  of        in  place  thereof  the  following  section :  —  Section  75.     The 

and  aisocirte     Salary  of  the  chief  justice  of  the  municipal  court  of  the  city 

i^*idcfai  court  ^^  Bostou  shall  be  sixteen  thousand  dollars,  and  the  salary 

of  Boston.        of  each  of  the  associate  justices  shall  be  fifteen  thousand 

dollars.    Such  justices  shall  devote  their  entire  time  during 

ordinary  business  hours  to  their  respective  duties  and  shall 

not,  directly  or  indirectly,  engage  in  the  practice  of  law. 


Acts,  1955.  — Chaps.  749,  750.  787 

Section  1A.  The  second  sentence  of  section  seventy-five 
of  chapter  two  hundred  and  eighteen  of  the  General  Laws, 
as  appearing  in  section  one  of  this  act,  sliall  not  apply  to  any 
justice  of  the  municipal  court  of  the  city  of  Boston  holding 
office  on  the  effective  date  of  this  act  until  January  first, 
nineteen  hundred  and  fifty-seven. 

Section  IB.  Notwithstanding  any  provisions  of  this  act 
to  the  contrary,  the  provisions  of  sections  seventy-five  and 
seventy-five  A  of  chapter  two  hundred  and  eighteen  of  the 
General  Laws  m  effect  immediately  prior  to  the  effective 
date  of  this  act  shall  remain  in  effect  and  apply  to  appoint- 
ments to  the  offices  referred  to  therein  which  are  made  on 
or  after  said  effective  date. 

Section  2.  This  act  shall  take  effect  as  of  the  first  day 
of  September,  nineteen  hundred  and  fifty-five. 

Approved  September  9,  1955. 


An  Act  relative  to  the  salary  of  the  judge  of  probate  Chap. 7 49 

AND    INSOLVENCY   OF   BRISTOL    COUNTY. 

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  and  section  four  of  chapter 
seven  hundred  and  thirty-three  of  the  acts  of  nineteen  hun- 
dred and  fifty-five,  the  judge  of  probate  appointed  to  fill  the 
vacancy  in  the  probate  court  for  Bristol  county,  which  va- 
cancy occurred  on  or  about  August  seventh  of  the  current 
year,  shall  receive  such  salary  as  is  provided  by  section 
thirty-four  of  chapter  two  hundred  and  seventeen  of  the 
General  Laws. 

Section  2.  This  act  shall  take  effect  on  November  first, 
nineteen  hundred  and  fifty-five.  Approved  September  9,  1955. 

An  Act  authorizing  the  town  of  Plymouth  to  appro-  Chav.750 

PRIATE  MONEY  TO  PROVIDE  FACILITIES  FOR  HOLDING  IN 
SAID  TOWN  THE  STATE  CONVENTION  OF  THE  AMERICAN 
LEGION. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  Notwithstanding  the  limitations  as  to  amount 
contained  in  clause  (37)  of  section  five  of  chapter  forty  of  the 
General  Laws,  the  town  of  Plymouth  may  appropriate  a 
sum,  not  exceeding  five  thousand  dollars,  for  the  purpose  of 
providing  proper  facilities  for  public  entertainment  at  the 
time  of  the  state  convention  of  The  American  Legion,  to  be 
held  in  said  town  during  the  year  nineteen  hundred  and 
fifty-six,  and  of  paying  expenses  incidental  to  such  enter- 
tainment. Money  so  appropriated  shall  be  expended  under 
the  direction  of  the  selectmen  of  said  town. 

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

Approved  September  10,  1955. 


788  Acts,  1955.  — Chaps.  751,  752,  753. 


Chap. 7 51  An  Act  further  relating  to  the  non-criminal  disposi- 
tion OF  PARKING   VIOLATIONS. 

^reambk*^^  TF/iereas,  The  deferred  operation  of  this  act  would  tend  to 

defeat  its  purpose,  which  is  to  make  its  provisions  effective 
on  the  effective  date  of  chapter  three  hundred  and  eighty- 
six  of  the  acts  of  the  current  year,  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: 

Ed^'gJ^''  Section  1.    The  first  paragraph  of  section  20 A  of  chap- 

§2bA,  etc.,       ter  90  of  the  General  Laws  is  hereby  amended  by  striking 

amended. 


out  the  last  sentence,  added  by  section  1  of  chapter  386  of 

the  acts  of  the  current  year,  and  inserting  in  place  thereof 

Non-criminal     the  f ollowing  Sentence :  —  No  other  form  of  notice,  except 

paridng  viofa-    as  provided  in  this  section,  shall  be  given  to  the  offender. 

tions. regulated.      Section  2.    This  act  shall  take  effect  on  the  effective  date 

of  chapter  three  hundred  and  eighty-six  of  the  acts  of  the 

current  year.  Approved  September  10,  1955. 


Chap. 152  An  Act  authorizing  and  directing  the  approval  of 
payment  of  overtime  to  certain  policemen  and  fire 
fighters. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  other  provision  of  law 
to  the  contrary,  the  board  created  by  section  four  of  chapter 
six  hundred  and  eighty-nine  of  the  acts  of  nineteen  hundred 
and  fifty-four  is  hereby  authorized  and  directed  to  approve 
overtime  pay  rather  than  time  off  for  all  regular  city  and 
town  police  and  fire  fighters  who  performed  overtime  duties 
during  the  emergency  periods  in  the  cities  and  towns  affected 
by  the  hurricanes  on  August  thirty-first  and  September 
eleventh,  nineteen  hundred  and  fifty-four,  and  to  approve 
reimbursement  to  cities  and  towns  for  such  payments  out  of 
the  emergency  funds  appropriated  or  to  be  appropriated  by 
the  general  court  to  assist  cities  and  towns  affected  thereby. 

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

Approved  September  10,  1955. 


Chap.75S  An  Act  providing  for  the  care  of  premature  babies 

BY  BOARDS  OF  PUBLIC  HEALTH. 

Be  it  enacted,  etc.,  as  follows: 

EdYin^'  Section  67C  of  chapter  111  of  the  General  Laws,  as  most 

§67C,  eti..       recently  amended  by  section  3  of  chapter  601  of  the  acts 

amended.         ^^  ^g^g^  .^  j^gj-^j^y  farther  amended  by  striking  out,  in  line  2, 

the  words  "four  and  one  half"  and  inserting  in  place  thereof 

the  word:  —  five.  Approved  September  10,  1955. 


Acts,  1955.  — Chaps.  754,  755,  756.  789 


An  Act  authorizing  the  town  of  ashland  to  retain  (Jfi^'n  754 

ALEXANDER     DZINDOLET     IN    THE    SERVICE    OF    THE    PARK 
DEPARTMENT. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  any  provision  of  law  to  the  contrary, 
the  park  commissioners  of  the  town  of  Ashland  are  hereby 
authorized  to  retain  in  the  service  of  the  park  department 
of  said  town  Alexander  Dzindolet,  and  he  may  continue  to 
serve  as  an  employee  thereof  subject  to  the  will  of  the  park 
commissioners  of  said  town,  notwithstanding  the  fact  that 
he  may  have  reached  the  age  for  retirement. 

Approved  September  10,  1955. 


An  Act  relative  to  the  coverage  of  certain  domestic  (Jjidj)  755 

SERVANTS    under   THE   WORKMEN'S    COMPENSATION   LAW. 

Be  it  enacted,  etc.,  as  folloxms: 

Paragraph  (4)  of  section  1  of  chapter  152  of  the  General  ^^-  (J|%  j 
Laws  is  hereby  amended  by  striking  out  the  third  para-  etc!, 'amended. 
graph,  as  most  recently  amended  by  chapter  366  of  the 
acts  of  1955,  and  inserting  in  place  thereof  the  following 
paragraph :  — 

The  provisions  of  this  chapter  shall  remain  elective  as  to  workmen's 
the  employers  of  the  following:  —  three  or  less  persons,  and  extended''to°° 
persons  other  than  laborers,  workmen  and  mechanics  em-  certain  persons. 
ployed  by  religious,  charitable  or  educational  institutions, 
except  that  in  the  case  of  employers  of  farm  laborers  or 
domestic  servants  the  provisions  of  this  chapter  shall  con- 
tinue to  remain  elective  with  respect  to  the  hiring  of  seasonal 
or  casual  laborers  and  seasonal,  casual  or  part-time  domestic 
servants.     For  the  purposes  of  this  paragraph,  a  part-time 
domestic  servant  is  one  who  works  in  the  employ  of  the 
employer  less  than  sixteen  hours  per  week. 

Approved  September  10,  1955. 


An  Act  authorizing  the  city  of  peabody  to  pay  a  pen-  Chap.75Q 

SIGN   to    MARY   L.    PIERCE. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.  For  the  purpose  of  promoting  the  public 
good,  the  city  of  Peabody  is  hereby  authorized  to  pay  to 
Mary  L.  Pierce,  widow  of  George  A.  Pierce,  who  died  on 
May  twenty-seventh,  nineteen  hundred  and  twenty-five, 
from  electrocution  while  an  employee  of  the  electric  light 
department  of  said  city,  a  pension  as  long  as  she  remains 
unmarried  of  a  sum  not  exceeding  fifteen  hundred  dollars 
per  year. 

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

Approved  September  10,  1955. 


790 


Acts,  1955. —  Chap.  757. 


Cha,p.757  An   Act  relating   to  milk   standards,   licensing   and 

CONTAINERS. 


G.  L.  (Ter. 
Ed.),  94,  §  1, 
etc.,  amended. 


"Half-and- 
half"  defined. 


G.  L.  (Ter. 
Ed.),  94.  §  12, 
amended, 
§§  12A,  12B, 
added. 


Standard  for 
cream,  milk 
and  skimmed 
milk. 


' '  Fortified 
non-fat  milk' 
defined,  etc. 


"Standardized 
milk"  defined, 
etc. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  1  of  chapter  94  of  the  General  Laws 
is  hereby  amended  by  inserting  after  the  paragraph  deJSning 
"Gypsum  or  land  plaster",  inserted  by  section  4  of  chapter 
67  of  the  acts  of  1933,  the  following  paragraph:  — 

"Half-and-half"  shall  be  a  product  consisting  of  a  blend 
of  milk  and  cream  which  contains  not  less  than  ten  per  cent 
of  milk  fat. 

Section  2.  Said  chapter  94  is  hereby  further  amended 
by  striking  out  section  12,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  three 
sections:  —  Section  12.  The  Massachusetts  legal  standard 
for  milk  shall  be  milk  which  upon  analysis  is  shown  to  con- 
tain not  less  than  twelve  per  cent  of  milk  solids  and  not  less 
than  three  and  thirty-five  hundredths  per  cent  of  milk  fat. 
The  Massachusetts  legal  standard  for  skimmed  milk  shall 
be  milk  containing  less  than  three  and  thirty-five  hundredths 
per  cent  of  milk  fat.  The  Massachusetts  legal  standard  for 
non-fat  milk  shall  be  skimmed  milk  which  contains  not  more 
than  one  tenth  of  one  per  cent  of  milk  fat.  The  Massachu- 
setts legal  standard  for  cream  or  ungraded  cream  shall  be 
cream  which  upon  analysis  is  shown  to  contain  not  less  than 
sixteen  per  cent  of  milk  fat.  The  Massachusetts  legal  stand- 
ard for  the  grades  to  be  known  as  light  cream,  medium 
cream,  heavy  cream  and  extra  heavy  cream  shall  be  cream 
which  upon  analysis  is  shown  to  contain  not  less  than  six- 
teen, twenty-five,  thirty-four  and  thirty-eight  per  cent,  re- 
spectively, of  milk  fat. 

Section  12A.  "Fortified  non-fat  milk"  shall  be  non-fat 
milk  which  comes  from  sources  approved  for  sale  in  the  com- 
monwealth to  which  has  been  added  not  more  than  three 
per  cent  by  weight  of  non-fat  milk  solids.  Non-fat  milk 
solids  shall  be  milk  solids  derived  from  non-fat  milk  obtained 
from  milk  which  comes  from  sources  approved  for  sale  in 
this  commonwealth.  The  department  of  public  health  is 
hereby  authorized  to  estabhsh  reasonable  rules  and  regula- 
tions for  sanitary  standards,  and  notwithstanding  any  other 
provision  of  law  to  the  contrary  the  milk  regulation  board 
is  authorized  to  establish  requirements  for  labehng  of  con- 
centrated non-fat  milk,  non-fat  dry  milk  sohds  and  fortified 
non-fat  milk. 

Whoever  violates  any  provision  of  this  section  or  any  rule 
or  regulation  of  the  department  of  public  health  or  the  milk 
regulation  board  made  hereunder  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  one  hundred  dollars  for 
each  offence. 

Section  12 B.  "Standardized  milk"  shall  be  milk  which 
is  standardized  by  the  addition  to  it  of  milk,  skimmed  milk 
or  cream.    Said  milk,  skimmed  milk  or  cream  must  be  de- 


Acts,  1955.  — Chap.  757.  791 

rived  from  the  same  day's  reception  as  the  milk  which  is  to 
be  standardized.  Said  standardization  shall  not  reduce  or 
increase  the  fat  content  of  said  milk  by  more  than  one  half 
of  one  per  cent,  and  it  shall  meet  the  standard  for  milk  set 
forth  in  section  twelve.  Milk  to  be  standardized  shall  come 
from  sources  approved  for  sale  in  the  commonwealth.  Said 
"standardized  milk"  shall  be  labeled  "standardized"  and 
it  shall  meet  the  standard  of  milk  set  forth  in  section  twelve. 

No  person  shall  prepare,  bottle  or  sell  "standardized  milk" 
which  does  not  conform  with  the  above  definition  for  the 
same  or  that  is  prepared  from  any  ingredient  other  than 
those  prescribed  above.  Whoever  violates  any  provision  of 
this  section  shall  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  one  hundred  dollars  for  each  offence. 

Section  3.    Section  19  of  said  chapter  94,  as  appearing  g.  l.  (Xer. 
in  the  Tercentenary  Edition,  is  hereby  amended  by  striking  ^mend*!^  ^^' 
out  the  last  paragraph  and  inserting  in  place  thereof  the 
following  paragraph :  — 

Nothing  in  this  section  referring  to  heated  milk  shall  be  useof 
construed  as  applying  to  condensed  milk  or  to  milk  which  H^"^^  ° 
has  been  concentrated  to  one  half  its  volume  or  less,  or  to  regulated. 
milk  pasteurized  by  the  high-temperature,  short-time  proc- 
ess or  other  processes  approved  by  the  department  of  public 
health.     Nothing  in  tliis  section  shall  prevent  the  use  of 
vitamin  D  in  milk,  skimmed  milk  and  non-fat  milk.    Only 
sources  of  vitamin  D  and  methods  approved  by  the  commis- 
sioner of  pubHc  health  shall  be  used  in  increasing  the  vita- 
min D  content  of  milk,  skimmed  milk  or  non-fat  milk,  and 
notwithstanding  any  other  provision  of  law  to  the  contrary, 
the  milk  regulation  board  is  hereby  authorized  to  establish 
requirements  for  labeling  said  vitamin  D  milk. 

Section  4.    Section  40  of  said  chapter  94,  as  amended  by  g.  l.  (Ter. 
chapter  298  of  the  acts  of  1941,  is  hereby  further  amended  ^tl! 'amended. 
by  striking  out  the  fourth  sentence  and  inserting  in  place 
thereof  the  following  sentence: — 'Whoever  in  such  a  town  License  to  seu 
engages  in  the  business  of  selling  milk,  skimmed  milk  or  "''"'•  '''•''• 
cream  from  any  vehicle  shall  display  conspicuously  on  the 
outer  side  of  each  vehicle  so  used  the  name  and  principal 
place  of  business  of  the  hcensee  in  Gothic  letters  not  less 
than  one  and  one  half  inches  in  height. 

Section  5.    Section  46  of  said  chapter  94,  as  appearing  g.  l.  (Ter. 
in  the  Tercentenary  Edition,  is  hereby  amended  by  adding  f^le^ded} '^^' 
at  the  end  the  following  sentence:  —  Milk  handhng  equip-  mil- handling 
ment  may  be  used  for  handlmg  and  processing  milk,  cream,  equipment  to 
skimmed  milk  and  other  wholesome  products  in  which  dairy    ^  *'  '^'^'^' 
products  constitute  the  major  portion  thereof;  provided,  (1) 
that  all  such  products  conform  with   sanitary  standards 
adopted  by  the  milk  regulation  board  and  the  department 
of  public  health;   and  (2)  that  when  equipment  is  used  for 
the  processing  and  handhng  of  products  in  which  dairy 
products  constitute  the  major  portion  thereof,  it  shall  be 
thoroughly  cleaned  before  it  is  again  used  for  handling  and 
processing  of  milk,  cream  or  skimmed  milk. 


792 


Acts,  1955. —  Chap.  757. 


G.  L.  (Ter. 
Ed.),  94,  §  48, 
amended. 

Placing  of 
offal,  etc.,  in 
milk  cans,  etc., 
prohibited. 


Penalty. 


G.  L.  (Ter. 
Ed.),  94,  §  48C, 
etc.,  amended. 


M  anufaoture, 
etc.,  of  milk 
beverages, 
regulated. 


G.  L.  (Ter. 
Ed.).  94,  new 
S  48D,  added. 


Section  6.  Said  chapter  94  is  hereby  further  amended 
by  striking  out  section  48,  as  so  appearing,  and  inserting  in 
place  thereof  the  following  section :  —  Section  48.  Whoever 
himself  or  by  his  servant  or  agent  having  custody  of  any 
vessel  used  as  a  container  for  milk  intended  for  sale,  places 
or  causes  or  permits  to  be  placed  therein  offal,  swill,  kero- 
sene, vegetable  matter  or  any  article  other  than  milk, 
skimmed  milk,  buttermilk,  cream,  other  wholesale  products 
in  which  dairy  products  constitute  the  major  portion  thereof, 
or  water  or  other  agent  used  for  cleaning  said  vessel,  or 
sends,  ships,  returns  or  dehvers,  or  causes  or  permits  to  be 
sent,  shipped,  returned  or  delivered  to  any  producer  of 
milk  any  vessel  used  as  a  container  for  milk  and  containing 
any  offal,  swill,  kerosene,  vegetable  matter  or  other  offensive 
material,  shall  be  punished  by  a  fine  of  not  more  than  ten 
dollars  for  each  such  vessel. 

Section  7.  Said  chapter  94  is  hereby  further  amended 
by  striking  out  section  48C,  inserted  by  chapter  317  of  the 
acts  of  1939,  and  inserting  in  place  thereof  the  following 
section :  —  Section  4SC.  For  the  purposes  of  this  section, 
flavored  milk  is  hereby  defined  as  consisting  of  milk  to 
which  has  been  added  a  syrup  or  flavor  consisting  of  whole- 
some ingredients.  Flavored  dairy  drink  is  defined  as  con- 
sisting of  skimmed  milk,  to  which  has  been  added  a  syrup 
or  flavor  consisting  of  wholesome  ingredients.  No  person, 
himself  or  by  his  agent,  shall  sell,  deliver  or  distribute,  or 
have  in  his  custody  or  possession  with  intent  to  sell,  deliver 
or  distribute,  any  flavored  milk  or  flavored  dairy  drink  con- 
tained in  a  sealed  bottle  or  other  sealed  container  unless  he 
is  hcensed  under  section  forty  by  an  inspector  of  milk,  in 
any  town  wherein  such  an  inspector  is  appointed,  nor  unless 
the  milk  or  skimmed  milk,  as  the  case  may  be,  contained 
in  the  flavored  milk  or  flavored  dairy  drink  conforms  to  the 
legal  standard  fixed  therefor  by  section  twelve,  nor  unless 
said  milk  shall  come  from  sources  approved  for  sale  in  the 
commonwealth,  nor  unless  the  container  thereof  bears  a 
label,  cap  or  tag  on  which  is  printed  in  legible  type  the 
words  "Flavored  Milk"  if  the  product  is  made  from  milk, 
or  "Flavored  Dairy  Drink  (Skimmed  Milk)"  if  the  product 
is  made  from  skimmed  milk,  and  the  word  "Flavored"  to 
be  substituted  by  the  word  "chocolate",  "coffee"  or  other 
word  as  the  true  name  of  the  flavor  may  be.  The  board  of 
health  of  any  city  or  town  may  make  reasonable  regulations 
pertaining  to  the  manufacture,  sale  and  delivery  or  distribu- 
tion therein  of  any  flavored  milk  or  flavored  dairy  drink. 
The  department  of  public  health  is  empowered  to  estabhsh 
sanitary  standards,  and  to  establish  requirements  for  label- 
ing of  "Flavored  Milk"  and  "Flavored  Dairy  Drink". 
Whoever  violates  any  provision  of  this  section,  or  any  regu- 
lation made  under  authority  thereof,  shall  be  punished  by  a 
fine  of  not  less  than  ten  dollars  nor  more  than  fifty  dollars. 

Section  8.     Said  chapter  94  is  hereby  further  amended 
by  inserting  after  section  48C  the  following  section :  —  Sec- 


Acts,  1955. —  Chap.  757.  793 

Hon  4SD.    No  person  shall  blend  milk  and  cream  for  sale  Saieof 
except  in  an  establishment  licensed  for  the  pasteurization  of  anTcreaS*^'' 
milk  under  the  provisions  of  section  forty-eight  A,  and  such  regulated. 
blends  shall  meet  the  standard  for  "half-and-half"  as  de- 
fined in  section  one  or  of  "standardized  milk"  as  defined  in 
section  twelve  B.    The  department  of  public  health  is  hereby 
authorized  to  establish  sanitary  standards,   and  notwith- 
standing any  other  provision  of  law  to  the  contrary  the  milk 
regulation  board  is  hereby  authorized  to  establish  require- 
ments of  labehng  for  said  "half-and-half  ".    Whoever  violates 
any  provision  of  this  section  shall  be  punished  by  a  fine  of 
not  less  than  twenty-five  dollars  nor  more  than  one  hundred 
dollars  for  each  offence. 

Section  9.  Subsection  (3)  of  section  2  of  chapter  94A  of  Ed.h94A'§2. 
the  General  Laws,  as  amended  by  section  3  of  chapter  604  etc., 'amended.' 
of  the  acts  of  1953,  is  hereby  further  amended  by  adding  at 
the  end  thereof  the  following  sentence :  —  In  the  administra- 
tion and  enforcement  of  this  section,  the  commission  may 
appoint  and  consult  and  advise  with  representative  commit- 
tees and  groups  in  the  milk  industry,  which  persons  shall 
serve  voluntarily  and  without  compensation. 

Section  10.     Section  9  of  said  chapter  94A  is  hereby  ^j^-^J^'"-.g 
amended  by  striking  out  paragraphs   (a)   and   (6),   as  so  etc!, 'amended.' 
amended,  and  inserting  in  place  thereof  the  following  two 
paragraphs :  — 

(a)  Each  milk  dealer  required  to  be  licensed  under  this  Fee  for 
chapter  shall  pay  an  annual  license  fee,  consisting  of  an  ''°^°^- 
amount  to  be  from  time  to  time  determined  by  the  commis- 
sion, but  not  more  than  five  dollars,  which  shall  accompany 
his  application  for  license,  and,  in  the  case  of  each  milk 
dealer  other  than  one  who  is  also  a  producer  selling  to  con- 
sumers not  more  than  fifty  quarts  of  milk  daily,  of  such  fur- 
ther amount  payable  to  the  commission  on  or  before  the 
twenty-fifth  day  of  each  month,  for  the  month  immediately 
preceding,  as  the  commission  deems  equitable  for  the  mar- 
ket or  markets  involved,  equivalent  to  not  more  than  two 
cents  per  hundred  weight  of  the  milk  which  the  milk  dealer 
during  such  month  (1)  pasteurized,  processed,  bottled  or 
otherwise  packaged  for  sale,  and  sold  or  distributed,  or 
(2)  sold  or  distributed  to  persons  other  than  milk  dealers 
who  are  not  eligible  for  exemption  under  subsection  (6)  of 
section  four,  in  any  market  or  markets  of  the  commonwealth, 
irrespective  of  where  such  milk  was  produced,  or  upon  such 
portion  thereof  as  the  commission  by  order,  rule  or  regulation 
determines  to  be  equitable. 

(6)  One  half  of  any  such  payment  made  by  any  milk 
dealer  on  or  before  the  twenty-fifth  day  of  the  month  in 
which  such  payment  is  due,  on  account  of  milk  sold  or  dis- 
tributed by  him  in  the  highest  use  classification  from  time 
to  time  determined  by  the  commission  for  such  market,  or 
markets,  may  be  deducted  ratably  by  him  from  amounts 
due  from  him  to  producers  for  such  milk. 

Section  11.    Chapter  101  of  the  General  Laws  is  hereby  g.  l.  (Xer. 


794  Acts,  1955.  — Chap.  758. 

Ed.),  101.  §  15,  amended  by  striking  out  section  15,  as  most  recently  amended 
etc..  amended.  ^^  chapter  333  of  the  acts  of  1937,  and  inserting  in  place 
a^^ucif/ion  thereof  the  following  section:  —  Section  15.  The  provisions 
of  chapter.  of  this  chapter  relating  to  hawkers  and  peddlers  shall  not 
apply  to  wholesalers  or  jobbers  selling  to  dealers  only,  nor 
to  commercial  agents  or  other  persons  selling  by  sample, 
lists,  catalogues  or  otherwise  for  future  deUvery,  nor  to  any 
dealer  regularly  engaged  in  supplying  customers  with  fuel 
oil  for  heating  or  cooking  purposes  from  a  fixed  place  of  busi- 
ness within  the  commonwealth  and  who  does  not  customarily 
solicit  direct  sales  from  house  to  house  or  by  means  of 
outcry,  sign  or  signal,  nor  to  any  person  who  peddles  only 
fish  obtained  by  his  own  labor  or  that  of  his  family,  fruits, 
vegetables  or  other  farm  products  raised  or  produced  by 
himself  or  his  family,  nor  to  persons  selhng  articles  for  chari- 
table purposes  under  section  thirty-three,  nor  to  persons 
licensed  under  section  forty  of  chapter  ninety-four  with  re- 
spect to  the  sale  by  them  of  eggs,  or  milk,  skimmed  milk, 
cream,  butter,  cheese  or  other  milk  products,  except  frozen 
desserts  as  defined  in  section  sixty-five  G  of  said  chapter 
ninety-four.  Approved  September  10,  1955. 


Chap. 7 58  ^^  Act  extending  to  certain  persons  the  privilege  of 

BECOMING   registered   AS   PHYSICAL   THERAPISTS. 

Be  it  enacted,  etc.,  as  follows: 

Chapter  656  of  the  acts  of  1951  is  hereby  amended  by  strik- 
ing out  section  2  and  inserting  in  place  thereof  the  following 
section :  —  Section  2.  Notwithstanding  the  provisions  of 
sections  twenty-three  A  to  twenty-three  P  of  chapter  one 
hundred  and  twelve  of  the  General  Laws,  inserted  by  sec- 
tion one  of  this  act,  the  board  of  registration  in  medicine 
shall  register  as  a  physical  therapist  any  person  who  applies 
for  such  registration  on  or  before  November  first,  nineteen 
hundred  and  fifty-five,  who  on  the  effective  date  of  this  act 
is  practicing  physical  therapy  in  this  commonwealth  and 
was  so  practicing  for  three  years  immediately  prior  to  said 
effective  date.  Such  applicant  shall  pay  the  board  a  fee  of 
five  dollars  and  shall  be  entitled  to  a  certificate  of  regis- 
tration. Approved  September  10,  1955. 

The  Commonwealth  of  Massachusetts, 
Executive  Department,  State  House, 

Boston,  September  14,  1955. 

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

Sir:  —  I,  Christian  A.  Herter,  by  virtue  of  and  in  accord- 
ance with  the  provisions  of  the  Forty-eighth  Amendment  to 
the  Constitution,  "The  Referendum  11,  Emergency  Meas- 
ure", do  declare  that  in  my  opinion,  the  immediate  preserva- 
tion of  the  public  convenience  requires  that  the  law  signed 


Acts,  1955.  — Chap.  759.  795 

by  me  on  the  tenth  day  of  September  in  the  year  one  thou- 
sand nine  hundred  and  fifty-five,  being  Chapter  758  of  the 
Acts  of  the  current  year,  entitled,  "An  Act  extending  to 
Certain  Persons  the  Pri\dlege  of  becoming  Registered  as 
Physical  Therapists"  should  take  effect  forthwith  and  that 
it  is  an  emergency  law  and  that  facts  constituting  the  emer- 
gency are  as  follows; 

The  Act  requires  that  the  persons  desiring  registration  as 
Physical  Therapists  should  be  practicing  for  three  years 
immediately  prior  to  the  effective  date  of  this  Act,  and 
further  that  application  for  registration  shall  be  made  on 
or  before  November  1st  of  this  year.  It  would  be  impossible 
to  meet  the  requirements  of  the  Act  as  the  effective  date  is 
December  10,  1955.  The  delayed  operation  of  this  legisla- 
tion until  December  10,  1955  would  make  the  entire  Act 
ineffective.  It  is,  therefore,  necessary  that  the  legislation 
referred  to  above  should  take  effect  forthwith. 

Very  truly  yours. 

Christian  A.  Herter, 
Governor  of  the  Commonwealth, 

Office  of  the  Secretary,  Boston,  September  14,  1955. 

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  twelve  o'clock  and 
thirty  minutes,  p.m.,  on  the  above  date,  and  in  accordance 
with  Article  Forty-eight  of  the  Amendments  to  the  Consti- 
tution said  chapter  takes  effect  forthwith,  being  chapter 
seven  hundred  and  fifty-eight  of  the  acts  of  nineteen  hundred 
and  fifty-five. 

Leo  M.  Harlow, 

Deputy  Secretary  of  the  Commonwealth, 

An  Act  relative  to  schools  for  the  training  of  medi-  nhrjj)  T^oQ 

CAL   LABORATORY   TECHNOLOGISTS.  ^" 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Chapter  112  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  2A  the  following  section :  f  2b,  added^"^ 
—  Section  2B.     No   person   shall    operate   or   maintain    a  schools  for 
school  for  training  medical  laboratory  technologists  unless  the  training  of 
such  school  has  been  approved  in  writing  by  the  approving  u.ry'technoTo'^^' 
authority  established  by  section  two,  provided,  however,  that  ^'^'^^'  ""cg^^^ted. 
for  the  purposes  of  this  section  only,  the  membership  of 
said  authority  shall  be  increased  by  three  members  to  be 
appointed  for  a  term  of  three  years  each  by  the  governor 
with  the  advice  and  consent  of  the  council,  one  member  to 
be  a  hospital  administrator  or  hospital  trustee,  who  shall  be 
a  member  of  the  Massachusetts  Hospital  Association;    one 
member  to  be  a  medical  laboratory  technologist  meeting 
the  training  and  experience  requirements  of  the  American 
Medical  Association,  to  be  appointed  from  a  fist  submitted 


796  Acts,  1955.  —  Chap.  760. 

by  the  Massachusetts  Association  of  Technologists  and 
Laboratory  Technicians,  Incorporated;  and  one  member  to 
be  a  physician,  appointed  from  a  list  submitted  by  the  sec- 
tion of  physiology  and  pathology  of  the  Massachusetts  Medi- 
cal Society.  Said  additional  members  shall  serve  without 
compensation,  but  may  be  reimbursed  for  their  travel  and 
other  reasonable  expenses  incidental  to  the  performance  of 
their  duties. 

A  school  for  training  of  medical  laboratory  technologists 
shall  mean  a  school  maintained  or  classes  conducted  for  the 
purpose  of  training  two  or  more  individuals  to  perform  or 
assist  in  the  performance  of  various  medical  laboratory  pro- 
cedures used  in  the  diagnosis,  treatment  and  study  of  disease, 
but  shall  not  be  construed  to  apply  to  duly  accredited  col- 
leges and  graduate  schools  teaching  courses  in  physiology, 
biochemistry,  bacteriology,  clinical  pathology  or  the  various 
other  medical  sciences. 

The  provisions  of  section  two  relating  to  the  inspection 
and  approval  of  colleges,  universities  and  medical  schools  by 
the  approving  authority  shall  apply  to  schools  for  the  train- 
ing of  medical  laboratory  technologists. 

Whoever  being  the  educational  director  or  the  business 
director  of  a  school  for  training  of  medical  laboratory  tech- 
nologists violates  the  provisions  of  this  section  shall  be  pun- 
ished by  a  fine  of  not  more  than  one  thousand  dollars,  or  by 
imprisonment  for  not  more  than  six  months,  or  by  both  such 
fine  and  imprisonment. 

Section  2.  Notwithstanding  any  provision  of  section 
two  B  of  chapter  one  hundred  and  twelve  of  the  General 
Laws,  as  appearing  in  section  one  of  this  act,  any  person 
operating  or  maintaining  a  school  for  the  training  of  medical 
laboratory  technologists  on  the  effective  date  of  this  act  shall 
be  allowed  to  continue  to  operate  or  maintain  said  school 
without  the  written  approval  of  the  approving  authority 
until  January  first,  nineteen  hundred  and  fifty-seven. 

Approved  September  10,  1965, 


Chap.7Q0  A.N  Act  providing  for  contributory  group  life,  acci- 
dent, HOSPITALIZATION,  MEDICAL  AND  SURGICAL  INSUR- 
ANCE FOR  PERSONS  IN  THE  SERVICE  OF  A  COUNTY,  CITY, 
TOWN    OR   DISTRICT   AND   THEIR    DEPENDENTS. 

Be  it  enacted,  etc.,  as  follows: 
EdVnlw''  Section  1.    The  General  Laws  are  hereby  amended  by  in- 

chap'ter  32B.      sertiug  after  chapter  32A  the  following  new  chapter :  — 

added. 


Chapter  32B. 

Contributory  Group  General  or  Blanket  Insurance 

FOR  Persons  in  the  Service  of  Counties,  Cities, 

Towns  and  Districts,  and  Their  Dependents. 

Contributory         Sectiou  1.     The  purpose  of  this  chapter  is  to  provide  a 

anoe  for  certain  plan  of  group  life  iusurauce,  group  accidental  death  and  dis- 


Acts,  1955.  — Chap.  760.  797 

memberment  insurance  and  group  general  or  blanket  hos-  public  empioy- 
pital,  surgical  and  medical  insurance  for  certain  persons  in  dtpendente!' 
the  service  of  counties,  cities,  towns  and  districts  and  their 
dependents. 

Section  2.     The  following  words  and  phrases  as  used  in  Definitions. 
this  chapter  shall  have  the  meanings  as  defined  herein: 

(a)  "Appropriate  pubhc  authority",  as  to  a  county,  the 
county  commissioners;  as  to  a  city,  the  mayor;  as  to  a 
town,  the  selectmen;  and  as  to  a  district,  the  governing  board 
thereof. 

(6)  "Dependents",  an  employee's  spouse  and  an  em- 
ployee's unmarried  children  under  nineteen  years  of  age. 

(c)  "District",  any  water,  sewer,  hght,  fire,  veterans' 
services  or  other  improvement  district  or  public  unit  cre- 
ated within  one  or  more  poHtical  subdivisions  of  the  com- 
monwealth for  the  purpose  of  providing  public  services  or 
conveniences. 

{d)  "Employee",  any  person  in  the  service  of  a  govern- 
mental unit,  whether  such  person  be  employed,  appointed  or 
elected  by  popular  vote ;  provided,  the  duties  of  such  person 
require  that  a  substantial  part  of  his  time  be  devoted  to  the 
service  of  the  governmental  unit  during  the  regular  work 
week  of  permanent  employees.  A  determination  by  the  ap- 
propriate pubhc  authority  that  a  person  is  eligible  for  par- 
ticipation in  the  plan  of  insurance  shall  be  final. 

(e)  "Employer",  the  governmental  unit. 

(f)  "Governmental  unit",  any  pohtical  subdivision  of  the 
commonwealth. 

(fir)  "Pohtical  subdivision",  any  county,  city,  town  or 
district. 

Section  S.  Upon  acceptance  of  this  chapter  as  herein-  Appropriate 
after  provided,  the  appropriate  public  authority  of  the  gov-  \^^^i°  p^oha'se 
emmental  unit  shall  negotiate  with  and  purchase,  on  such  insurance. 
terms  as  it  deems  to  be  in  the  best  interest  of  the  govern- 
mental unit  and  its  employees,  from  one  or  more  insurance 
companies,  savings  banks  or  non-profit  hospital  or  medical 
service  corporations,  a  policy  or  pohcies  of  group  life  and 
accidental  death  and  dismemberment  insurance  covering 
employees,  and  group  general  or  blanket  insurance  providing 
hospital,  surgical  and  medical  benefits  covering  employees 
and  their  dependents,  and  shall,  subject  to  the  availability 
of  appropriation,  execute  all  agreements  or  contracts  per- 
taining to  said  policies  or  any  amendments  thereto  for  and 
on  behalf  and  in  the  name  of  such  governmental  unit.  Ar- 
rangements may  be  made  with  the  carrier  or  carriers  issuing 
such  policy  or  policies  purchased  under  this  chapter  to  rein- 
sure, by  reinsurance  agreement,  under  conditions  approved 
by  the  appropriate  public  authority,  portions  of  the  total 
amount  of  such  insurance  with  such  other  carriers  as  may 
elect  to  participate  in  such  insurance. 

For  the  purposes  of  this  chapter,  anj''  savings  bank  author- 
ized to  engage  in  the  insurance  business  in  accordance  with 
chapter  one  hundred  and  seventy-eight  and  any  non-profit 


798 


Acts,  1955.  — Chap.  760. 


Employees  to 
be  automati- 
cally insured 
with  certain 
exceptions. 


Amount  of 
insurance  on 
each  employee. 


Employee    o 
provide  certain 
information. 


Part  of 

premium  to  be 
withheld  from 
employee. 


Certain  em- 
ployees not  on 
pay  roll  may 
continue  in- 
surance, etc. 


hospital  service  corporation  or  non-profit  medical  corpora- 
tion organized  under  chapter  one  hundred  and  seventy-six  A 
or  one  hundred  and  seventy-six  B  shall  be  and  is  hereby  au- 
thorized to  enter  into  a  reinsurance  agreement  as  herein  pro- 
vided in  the  same  manner  as  any  other  insurance  company. 

Section  4-  All  employees  shall  be  automatically  insured 
for  all  insurance  coverages  provided  under  said  policy  or 
policies,  commencing  on  the  date  they  first  become  eligible 
or  on  the  effective  date  of  such  coverage  or  coverages  (in- 
cluding dependent  benefits),  whichever  last  occurs;  pro- 
vided, that  any  employee  desiring  not  to  be  so  insured  shall, 
on  an  appropriate  form  prescribed  by  the  appropriate  public 
authority,  give  written  notice  to  the  treasurer  of  the  govern- 
mental unit  that  he  is  not  to  be  insured  for  any  of  such 
coverages  (including  dependent  benefits)  provided  under 
such  policy  or  policies.  If  such  notice  is  received  before  the 
employee  shall  have  become  insured  under  such  poHcy,  he 
shall  not  be  so  insured;  otherwise  his  insurance  shall  cease 
to  be  effective  at  the  end  of  the  pay  period  during  which  the 
notice  is  received. 

Section  5.  The  amount  of  group  life  insurance  on  each 
employee  shall  be  two  thousand  dollars,  and  the  amount  of 
group  accidental  death  and  dismemberment  insurance  on 
each  employee  shall  be  two  thousand  dollars.  The  amount 
of  the  hospital  benefits  to  be  provided  each  employee  and 
his  dependents  shall  provide  coverage  against  not  less  than 
an  estimated  sixty  per  cent  nor  more  than  an  estimated 
eighty-five  per  cent  of  the  average  of  all  hospital  bills.  The 
amount  of  the  surgical  and  medical  benefits  to  be  provided 
each  employee  and  his  dependents  shall  be  not  less  than  a 
standard  two  hundred  dollar  surgical  schedule  nor  more 
than  a  standard  three  hundred  dollar  surgical  schedule  with 
provision  for  in-hospital  medical  coverage.  Subject  to  the 
foregoing  the  amount  of  the  hospital,  surgical  and  medical 
benefits  to  be  provided  each  employee  and  his  dependents 
shall  be  determined  by  the  appropriate  public  authority  sub- 
ject to  the  amount  of  the  appropriation  available  for  the 
purpose. 

Section  6.  Each  employee  to  whom  this  chapter  applies 
shall  furnish  the  treasurer  of  the  governmental  unit,  in  such 
form  as  he  shall  prescribe,  such  information  as  is  necessary 
to  enroll  himself  alone,  or  himself  and  his  dependents,  under 
the  policy  or  policies  of  insurance. 

Section  7.  (a)  With  respect  to  any  period  of  insurance 
which  is  in  effect  for  an  employee,  there  shall  be  withheld 
from  each  payment  of  salary,  wages  or  other  compensation 
of  such  employee  fifty  per  cent  of  the  premium  for  the  insur- 
ance of  the  employee  and  his  dependents  and  the  govern- 
mental unit  shall  contribute  the  remaining  fifty  per  cent  of 
such  premium. 

(6)  If  an  employee  is  not  entitled  to  receive,  during  a 
premium  pajdng  period,  any  salary,  wages  or  other  compen- 
sation, he  may  continue  his  insurance  in  effect  by  paying 


Acts,  1955. —  Chap.  760.  799 

directly  to  the  treasurer  of  the  governmental  unit  a  sum 
equal  to  the  amount  which  would  otherwise  have  been  de- 
ducted from  his  salary,  wages  or  other  compensation,  except 
that  if  an  employee  is  granted  a  leave  of  absence  without 
pay  he  shall,  during  the  period  of  such  leave  of  absence,  pay 
the  entire  cost  of  his  insurance  to  the  treasurer  as  aforesaid 
and  there  shall  be  no  contribution  by  the  governmental  unit 
for  such  employee's  insurance  during  such  period. 

(c)  All   amounts   withheld   from   an   employee's   salary,  withholdings 
wages  or  other  compensation  as  provided  in  paragraph  (a)  oarl^fe^en'titi'ed 
of  this  section  and  all  amounts  paid  by  an  employee  as  pro-  *°  premium. 
vided  in  paragraph  (6)  of  this  section  and  all  amounts  with- 
held from  retired  employees  as  retirement  allowances  under 
the  provisions  of  section  nineteen  A  of  chapter  thirty-two 
together  with  the  contribution  of  the  governmental  unit  as 
provided  in  paragraph  (a)  shall  be  paid  by  the  treasurer  of 
the  governmental  unit  to  the  carrier  or  carriers  entitled  to 
the  premium. 

Section  8.     Any  dividend  or  other  refund  or  rate  credit 
shall  inure  to  the  benefit  of  the  goverimiental  unit. 

Section  9.  The  poUcy  or  poUcies  of  insurance  shall  pro-  Coverage 
vide  that  upon  retirement  of  an  employee  the  group  hfe  ?eti^ement"etc'. 
coverage  of  such  employee  shall  be  reduced  fifty  per  cent  and 
the  group  general  or  blanket  insurance  providing  hospital, 
surgical  and  medical  benefits  shall  be  continued,  except  that 
the  employee  shall  pay  the  entire  average  premium  per  one 
thousand  dollars  for  group  life  coverage,  and  the  entire 
premium  for  the  hospital,  surgical  and  medical  benefits  for 
such  employee  or  for  such  employee  and  his  dependents. 
The  poHcy  or  policies  shall  also  provide  that  upon  termina- 
tion of  employment  an  employee  shall  be  entitled  to  convert 
his  insurance  to  an  individual  type  of  policy,  subject  to  the 
provisions  of  section  one  hundred  and  thirty-four  of  chapter 
one  hundred  and  seventy-five  with  respect  to  life  insurance, 
and  subject  to  the  requirements  of  the  appropriate  pubHc 
authority  with  respect  to  the  other  insurance  coverages  pro- 
vided in  this  chapter. 

Section  10.  This  chapter  may  be  accepted  in  a  county  Acceptance  of 
by  vote  of  the  county  commissioners;  in  a  city  by  vote  of  the  cit?M?towM, 
city  council,  approved  by  the  mayor;  in  a  district  by  vote  etc 
of  the  district  at  a  district  meeting;  and  in  a  town  by  sub- 
mission for  acceptance  to  the  registered  voters  in  the  form 
of  the  following  question  which  shall  be  printed  upon  the 
official  ballot  to  be  used  at  an  election:  —  "Shall  chapter 
thirty-two  B  of  the  General  Laws,  authorizing  any  county, 
city,  town  or  district  to  provide  a  plan  of  group  life  insur- 
ance, group  accidental  death  and  dismemberment  insurance, 
and  group  general  or  blanket  hospital,  surgical  and  medical 
insurance  for  certain  persons  in  the  service  of  such  county, 
city,  town  or  district  and  their  dependents,  be  accepted  by 
this  town?"  If  a  majority  of  the  voters  voting  on  the  ques- 
tion shall  vote  in  the  affirmative,  this  chapter  shall  take 
effect  in  such  town. 


800  Acts,  1955.  — Chap.  761. 

Section  11.  When  any  town  having  a  population  of  less 
than  ten  thousand  accepts  this  chapter  and  does  not  directly 
provide  such  insurance  coverages,  the  employees  of  such 
town  shall  become  entitled  to  the  insurance  coverages  pro- 
vided under  the  policy  or  pohcies  in  effect  in  the  county  in 
which  such  town  lies.  Such  employees  shall  have  all  rights 
and  obhgations  under  such  insurance  coverages  in  the  same 
manner  as  if  such  coverages  had  been  directly  provided  by 
such  town. 

Section  12.  When  any  district  accepts  this  chapter  and 
does  not  directly  provide  such  insurance  coverages,  the  em- 
ployees of  such  district  shall  become  entitled  to  the  insur- 
ance coverages  provided  under  the  policy  or  policies  in  effect 
in  the  city  or  town  within  whose  territory  the  district  lies  or 
in  the  largest  of  such  cities  or  towns  which  provide  such  cov- 
erages if  the  district  lies  withui  more  than  one  city  or  town. 
Such  employees  shall  have  all  rights  and  obligations  under 
such  insurance  coverages  in  the  same  manner  as  if  such  cov- 
erages had  been  directly  provided  by  such  district. 
Premiums  to  be  Scction  13.  The  appropriate  public  authority  of  each 
appropriMk)n.  governmental  unit  which  pays  part  of  the  premiums  for  the 
insurance  of  employees  of  another  governmental  unit  shall, 
on  or  before  January  first  of  each  year,  certify  to  the  appro- 
priate public  authority  of  the  latter  unit  the  amount  neces- 
sary to  cover  its  portion  of  such  premiums.  Items  of  appro- 
priation providing  for  any  amounts  allocated  to  such  govern- 
mental unit  shall  be  included  in  the  appropriations  for  each 
fiscal  year  for  each  such  governmental  unit. 
G.  L.  (Ter.  SECTION  2.    Sectiou  5  of  chapter  40  of  the  General  Laws 

ftl! 'amended,   is  hereby  amended  by  inserting  after  clause  (44),  added  by 
chapter  239  of  the  acts  of  1952,  the  following  clause:  — 

(44A)  For  the  purpose  of  paying  part  of  the  premiums 
for  group  life  insurance,  accident,  hospitalization,  medical 
and  surgical  insurance  for  certain  employees  and  their  de- 
pendents under  the  provisions  of  chapter  thirty-two  B. 

Section  3.  Section  four  A  of  chapter  forty  of  the  Gen- 
eral Laws  shall  be  construed  to  authorize  agreements  be- 
tween governmental  units,  as  defined  in  chapter  thirty- 
two  B  of  the  General  Laws,  to  accompUsh  the  purposes  of 
said  chapter  thirty-two  B.     Approved  September  10,  1955. 


Chap. 7 61  An  Act  authorizing  the  city  of  Worcester  to  grant 

TO    the    commonwealth    of    MASSACHUSETTS    A    CERTAIN 
EASEMENT   IN    GREEN   HILL    PARE    IN    SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Section  L  Notwithstanding  any  contrary  provision  of 
general  or  special  law,  the  city  of  Worcester,  acting  through 
its  city  manager,  may,  upon  recommendation  of  the  board 
of  park  commissioners  of  said  city,  grant,  without  consid- 
eration, to  the  Commonwealth  of  Massachusetts,  for  the 
purpose  of  providing  an  easement  for  the  construction,  main- 


Acts,  1955.  —  Chaps.  762,  763.  801 

tenance  and  operation  of  a  water  line,  sewer  line,  pole  line 
and  wires,  for  the  distribution  of  water,  sewage,  power  and 
communications  in,  on,  over  and  across  a  portion  of  Green 
Hill  park,  in  said  city,  the  location  of  said  easement  to  be  a 
twenty-five  foot  strip  of  land  running  parallel  to  Skyline 
drive  on  the  westerly  side  of  said  road  and  extending  south 
from  a  parcel  of  land  deeded  to  the  Commonwealth  of 
Massachusetts,  as  authorized  by  chapter  four  hundred  and 
sixty  of  the  acts  of  nineteen  hundred  and  fifty-five,  to  the 
intersection  of  Skyline  drive  and  Belmont  street. 

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

Approved  September  10,  1955. 


An  Act  increasing  the  minimum  fair  wage  rates.      Chav  762 
Be  it  enacted,  etc.,  as  follows: 

Section  1.    The  second  sentence  of  section  1  of  chapter  o.  l.  (Ter. 
151  of  the  General  Laws,  as  amended  by  section  1  of  chap-  ^tciiameiied. 
ter  558  of  the  acts  of  1952,  is  hereby  further  amended  by 
striking  out  the  word  "seventy-five"  and  inserting  in  place 
thereof  the  word :  — ■  ninety. 

Section  2.     The  second  paragraph  of  section  7  of  said  S^^■|Jfi7 
chapter  151,  as  amended  by  chapter  515  of  the  acts  of  1953,  etc!, 'ameAded'. 
is  hereby  further  amended  by  striking  out,  in  line  2,  the  word 
"sixty-five"   and  inserting  in   place  thereof  the  word:  — 
seventy-five,  —  and  by  striking  out,   in  line  5,  the  word 
"fifty"  and  inserting  in  place  thereof  the  word:  —  fifty-five. 

Section  3.    Paragraph  (2)  of  section  19  of  said  chapter  g.  l.  (Ter. 
151,  as  most  recently  amended  by  section  12  of  said  chapter  ftc."!'ameAded^' 
558  of  the  acts  of  1952,  is  hereby  further  amended  by  striking 
out,  in  line  5,  the  word  "seventy-five"  and  inserting  in  place 
thereof  the  word :  —  ninety. 

Section  4.    This  act  shall  take  effect  on  April  first,  nine- 
teen hundred  and  fifty-six.     Approved  September  10,  1955. 


An  Act  providing  a  mandatory  prison  sentence  for  Chap. 7 63 
persons  convicted  of  certain  sex  crimes. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Section  87  of  chapter  276  of  the  General  gj^-^Jl""-.  87^ 
Laws,  as  amended  by  section  2  of  chapter  264  of  the  acts  etc!,  amended. ' 
of  1941,  is  hereby  further  amended  b}'-  adding  after  the  word 
"resides",  in  line  14,  the  words:  —  ;  and  provided,  further, 
that  no  person  convicted  under  section  twenty-two  A  or 
twenty-four  A  of  chapter  two  hundred  and  sixty-five,  or 
section  thirty-five  A  of  chapter  two  hundred  and  seventy- 
two  shall,  if  it  appears  that  he  has  previously  been  convicted 
under  said  sections  and  was  over  twenty-one  years  of  age  at 


802 


Acts,  1955. —  Chap.  764. 


G.  L.  (Ter. 
Ed.;,  265,  new 
§  22A,  added. 

Carnal  know- 
ledge of  female 
under  sixteen 
by  force. 


G.  L.  (Ter. 
Ed.),  265,  new 
§  24B,  added. 

Assault  of  a 
female  imder 
sixteen  with 
intent  to  rape. 


G.  L.  (Ter. 
Ed.),  272,  new 
§  36A,  added. 

Lascivious  act 
with  a  child 
under  sixteen. 


the  time  of  committing  the  offence  for  which  he  was  so  con- 
victed, be  released  on  parole  or  probation  prior  to  the  com- 
pletion of  five  years  of  his  sentence. 

Section  2.  Chapter  265  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  22  the  following  section: 

—  Section  22 A.  Whoever  ravishes  and  carnally  knows  a 
female  child  under  sixteen  by  force  and  against  her  will  shall 
be  punished  by  imprisonment  in  the  state  prison  for  life  or 
for  any  term  of  years ;  and  whoever  over  the  age  of  twenty- 
one  commits  a  second  or  subsequent  such  offence  shall  be 
sentenced  to  state  prison  for  life  or  for  any  term  of  years, 
but  not  less  than  five. 

Section  3.  Said  chapter  265  is  hereby  further  amended 
by  inserting  after  section  24A  the  following  section :  —  Sec- 
tion 24B.  Whoever  assaults  a  female  child  under  sixteen 
with  intent  to  commit  a  rape  shall  be  punished  by  imprison- 
ment in  the  state  prison  for  life  or  for  any  term  of  years; 
and  whoever  over  the  age  of  twenty-one  commits  a  second 
or  subsequent  such  offence  shall  be  punished  by  imprison- 
ment in  the  state  prison  for  life  or  for  any  term  of  years, 
but  not  less  than  five. 

Section  4.  Chapter  272  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  35  the  following  section : 

—  Section  35 A.  Whoever  commits  any  unnatural  and  las- 
civious act  with  a  child  under  the  age  of  sixteen  shall  be 
punished  by  a  fine  of  not  less  than  one  hundred  dollars  nor 
more  than  one  thousand  dollars  or  by  imprisonment  in  the 
state  prison  for  not  more  than  five  years  or  in  jail  or  the  house 
of  correction  for  not  more  than  two  and  one  half  years,  and 
whoever  over  the  age  of  twenty-one  commits  a  second  or 
subsequent  such  offence  shall  be  sentenced  to  imprisonment 
in  the  state  prison  for  a  term  of  not  less  than  five  years. 

Approved  September  10,  1955. 


Chap.7Q4:  ^n  Act  relative  to  industrial  homework. 

Be  it  enacted,  etc.,  as  follows: 


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


Definitions. 


Section  1.  Chapter  149  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  143,  as  amended  by  sec- 
tion 1  of  chapter  600  of  the  acts  of  1945,  and  inserting  in 
place  thereof  the  following  section:  —  Section  I4S.  The  fol- 
lowing words,  as  used  in  this  section  and  in  sections  one 
hundred  and  forty-three  A  and  one  hundred  and  forty-four 
to  one  hundred  and  forty-seven  H,  inclusive,  unless  the 
context  otherwise  requires,  shall  have  the  following  mean- 
ings:— 

"Employer",  any  person  who,  directly  or  indirectly,  or 
through  an  employee  or  agent,  furnishes  to  another  person 
any  materials  or  articles  to  be  manufactured  or  worked  upon 
in  a  home,  and  thereafter  to  be  returned  to  himself  or  on  his 
order,  for  use  other  than  the  personal  use  of  himself  or  of  a 
member  of  his  family. 


Acts,  1955. —  Chap.  764.  803 

"Home",  any  room,  house,  apartment  or  other  premises, 
whichever  is  most  extensive,  used  in  whole  or  in  part  as  a 
place  of  dwelling. 

"Industrial  homework",  any  manufacture  of  or  work  upon 
materials  or  articles  in  a  home  for  an  emplo5''er,  exclusive  of 
domestic  service. 

The  verb  "to  manufacture",  as  used  in  its  different 
moods  and  tenses,  includes  to  prepare,  alter,  repair  or  finish 
in  whole  or  in  part. 

Section  2.    Said  chapter  149  is  hereby  further  amended  g.  l.  (Ter. 
by  inserting  after  said  section  143  the  following  section: —  ne1i^§Y43A, 
Section  USA.    Protection  of  factory  industries  from  undue  added, 
competition  and  protection  of  the  health  and  well-being  of  standards  of 

,11  .  ,,  1  •    1  ji  1  ic  workers  raised. 

the  workers  is  a  matter  which  concerns  the  general  welfare 
of  the  public.  Remedy  for  this  evil  has  been  sought  through 
the  enactment  of  laws  to  protect  health  and  to  raise  living 
standards  for  workers  engaged  in  industrial  homework. 

Section  3.    Section  144  of  said  chapter  149,  as  amended  g.  l.  (Ter. 
by  section  2  of  said  chapter  600  of  the  acts  of  1945,  is  f  144/eta. 
hereby  further  amended  by  striking  out,  in  line   18,   the  amended. 
word  "factory". 

Section  4.    Section  145  of  said  chapter  149,  as  amended  by  g.  l.  (Ter. 
chapter  429  of  the  acts  of  1937,  is  hereby  further  amended  by  ^do^  h9, 
striking  out,  in  line  11,  and  lines  19  and  20,  the  word  "factory  ".  amended." 

Section  5.    Said  chapter  149  is  hereby  further  amended  g.  l.  (Ter. 
by  inserting  after  section  146  the  following  section:  —  Sec-  fueA.^addeT 
tion  146 A.    The  employer  shall,  wherever  industrial  home-  Employer  to 
work  is  permitted,  distribute  directly  to  his  homeworkers  all  ^f^eriai* 
material  and  articles  of  homework.    No  employer  shall  give  directly  to 
out  any  material  or  articles  for  homework  through  any  home-  '^°^^^^- 
work  contractors  or  distributors.    No  person  other  than  an 
employer  shall  distribute  to  anyone  any  materials  or  articles 
for  industrial  homework. 

Industrial  homework  shall  be  performed  only  if  the  em- 
ployer maintains  a  plant  or  factory  in  this  commonwealth  or 
maintains  a  place  of  employment  in  this  commonwealth  other 
than  a  home. 

Section  6.     The  first  paragraph  of  section  147  of  said  9\\'[J^^- 
chapter  149,  as  amended  by  section  3  of  said  chapter  600  of  §'147,  etc., 
the  acts  of  1945,  is  herebj''  further  amended  by  inserting  after  amended. 
the  word  "of",  in  line  4,  the  words:  —  or  located  within,  — 
by  inserting  after  the  word  "permit",  in  line  25,  the  words: 
—  or  has  \'iolated  anj''  rule  or  regulation  adopted  for  control 
of  industrial  homework,  —  and  by  adding  at  the  end  the  fol- 
lowing sentence :  —  No  original  permit  shall  be  granted  by  Original 
the  commissioner  to  an)''  employer  at  whose  plant  there  is  a  to™'^"n*ted 
strike,  unless  he  finds  such  strike  to  be  unlawful  under  the  etc. 
provisions  of  paragraph  (e)  of  section  twenty  C  of  chapter 
one  hundred  and  forty-nine. 

Section  7.    Said  section  147  of  said  chapter  149  is  hereby  g.  l.  (Ter. 
further  amended  by  striking  out  the  second  paragraph,  as  ^■''^-^j  ^^^^  f^^. 
amended  by  chapter  247  of  the  acts  of  1953,  and  inserting  ther  amended, 
in  place  thereof  the  following  paragraph :  — 


804 


Acts,  1955.  — Chap.  764. 


Fee  for 
permit. 


G.  L.  (Ter. 
Ed.),  149, 
§  147A,  etc., 
amended. 


Original 
certificate 
not  to  be 
granted,  etc. 


G.  L.  (Ter. 
Ed.),  149, 
§  147C,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  149, 
§  147D,  etc., 
amended. 


G.  L.  (Ter. 
Ed.),  149, 
§  147E,  etc. 
amended. 


G.  L.  (Ter. 
Ed.),  149, 
§  147G,  etc., 
amended. 


A  fee  of  fifty  dollars  shall  be  paid  to  the  commissioner  for 
the  original  issuance  of  an  employer's  permit.  For  each  an- 
nual renewal  of  such  permit  the  employer  shall  pay  to  the 
commissioner  a  fee  of  fifty  dollars,  plus  two  dollars  for  each 
homeworker  with  whom  the  employer  directly  or  indirectly 
had  business  relations  during  the  preceding  calendar  year. 
Any  such  fees  received  by  the  commissioner  shall  be  paid 
into  the  treasury  to  the  credit  of  the  General  Fund. 

Section  8.  Section  147A  of  said  chapter  149,  as  most 
recently  amended  by  section  12  of  chapter  461  of  the  acts 
of  1939,  is  hereby  further  amended  by  adding  at  the  end  the 
following  paragraph :  — 

No  original  certificate  shall  be  granted  by  the  commis- 
sioner to  any  person  for  work  to  be  done  for  an  employer  at 
whose  plant  there  is  a  strike,  unless  he  finds  such  strike  to 
be  unlawful  under  the  provisions  of  paragraph  (e)  of  section 
twenty  C. 

Section  9.  Section  147C  of  said  chapter  149,  as  amended 
by  section  5  of  said  chapter  600  of  the  acts  of  1945,  is  hereby 
further  amended  by  inserting  after  the  word  "  commissioner  ", 
in  line  5,  the  words :  —  or  his  authorized  representative. 

Section  10.  Section  147D  of  said  chapter  149,  as  amended 
by  section  6  of  said  chapter  600  of  the  acts  of  1945,  is  hereby 
further  amended  by  striking  out,  in  lines  11  and  12,  the 
words  "of  the  net"  and  inserting  in  place  thereof  the  words: 
—  the  hours  worked,  of  the  gross,  —  and  by  striking  out, 
in  lines  12  to  17,  inclusive,  the  words  ",  of  all  agents  or 
contractors  to  whom  such  permittee  has  furnished  materials 
to  be  manufactured  or  worked  upon  by  industrial  homework, 
and  of  all  persons  from  whom  he  has  received  materials  to 
be  so  manufactured  or  worked  upon". 

Section  11.  Section  147E  of  said  chapter  149,  inserted 
by  said  chapter  429  of  the  acts  of  1937,  is  hereby  amended 
by  inserting  after  the  word  "inclusive",  in  line  3,  the  follow- 
ing: — ,  and  to  maintain  existing  wage,  hour  and  other  la- 
bor standards  established  by  law  or  regulation  for  workers  in 
the  industry. 

Section  12.  Section  147G  of  said  chapter  149,  as  amended 
b}""  section  7  of  said  chapter  600  of  the  acts  of  1945,  is  hereby 
amended  by  inserting  after  the  word  "employer",  in  line  4, 
the  words:  —  or  his  agent,  —  and  by  striking  out,  in  line  20, 
the  word  "fifty"  and  inserting  in  place  thereof  the  words:  — 
not  less  than  fifty  nor  more  than  five  hundred. 

Section  13.  If  any  provision  of  this  act  or  application 
thereof  to  any  person  or  circumstance,  shall,  for  any  reason, 
be  held  invalid,  the  remainder  of  this  act  or  application  of 
such  provision  to  persons  or  circumstances  other  than  those 
as  to  which  it  is  held  invalid  shall  not  be  affected. 

Approved  September  10,  1966. 


Acts,  1955. —  Chap.  765. 


805 


An  Act  making  appropriations  for  the  maintenance  of  Chap. 7 65 

CERTAIN  COUNTIES,  THEIR  DEPARTMENTS,  BOARDS,  COM- 
MISSIONS AND  INSTITUTIONS,  OF  SUNDRY  OTHER  SERVICES, 
FOR  CERTAIN  PERMANENT  IMPROVEMENTS,  FOR  INTEREST 
AND  DEBT  REQUIREMENTS,  AND  TO  MEET  CERTAIN  REQUIRE- 
MENTS OF  LAW  AND  GRANTING  A  COUNTY  TAX  FOR  SAID 
COUNTIES. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  the  maintenance  of  certain 
counties,  their  departments,  boards,  commissions  and  insti- 
tutions, of  sundry  other  services,  for  certain  permanent  im- 
provements, for  interest  and  debt  requirements,  and  to  meet 
certain  requirements  of  law,  the  following  sums  for  the  sev- 
eral purposes  and  subject  to  the  condition  specified  in  section 
two  are  hereby  appropriated  subject  to  the  provisions  of 
law  regulating  the  disbursement  of  county  funds  and  the  ap- 
proval thereof  for  the  year  nineteen  hundred  and  fifty-five:  — 

Barnstable  County. 


Item 
1. 
2. 
3. 
4. 

5. 
6. 

7. 


9. 
10. 

12. 
13. 


14. 
15. 
16. 

17. 
18. 

20. 

22. 
23. 

24. 
25. 

26. 
27. 

28. 
29. 


For  interest  on  county  debt 
For  reduction  of  county  debt 
For  county  commissioners,  salaries  and  expenses 
For  transportation  and  expenses  of  county  and  act- 
ing commissioners  .... 

For  clerk  of  courts,  salaries  and  expenses 
For  county  treasurer,  salaries  and  expenses 
For  sheriff,  salary  and  expenses 
For  registry  of  deeds,  salaries  and  expenses 
For  registry  of  probate,  salaries  and  expenses 
For  law  libraries,  salaries  and  expenses 
For  highways,  including  state  highways,  bridges 
and  land  damages  .... 

For  criminal  costs  in  superior  court 

For  civil  expenses  in  supreme  judicial,  superior, 

probate   and   land   courts,   including  auditors, 

masters  and  referees        ..... 

For  district  courts,  salaries  and  expenses 
For  medical  examiners  and  commitments  of  insane 
For  jails  and  houses  of  correction,  maintenance 
and  operation         ..... 

For  training  school    ..... 

For  court  houses  and  registry  buildhigs,  mainte 
nance  and  operation        .... 

For  county  aid  to  agriculture,  maintenance  and 
operation       ...... 

For  hospital  or  sanatorium 

For  county  health  service  .... 

For  non-contributory  pensions    . 
For  contributory  retirement  systems  and  super 
visory  expenses      ..... 

For  miscellaneous  and  contingent  expenses  . 

For  unpaid  bills  of  previous  years 

For  reserve  fund        ..... 

For  advertising  recreational  advantages  of  the 
county  ....... 


$6,670  00 
25,000  00 
16,210  00 

800  00 

13,879  88 

17,477  81 

8,376  50 

93,005  23 

6,275  00 

2,500  00 

201,250  00 
23,533  10 


25,190  00 

55,841  66 

3,552  50 

129,210  00 
500  00 

20,612  90 

41,540  00 

452,674  53 

41,662  00 

1,272  33 

12,375  63 

9,328  59 

308  73 

10,000  00 

50,000  00 


806 


Acts,  1955. —  Chap.  765. 


Barnstable  County  —  Continued. 


Item 

30.  For  state  fire  patrol  ..... 

31.  For  maintenance  forest  fire  apparatus 

32.  For  police  training  school  and  bureau  of  criminal 

identification  ..... 

33.  For  police  radio  station      .... 

36.  For  beach  commission        .... 

37.  For  surfacing  and  resurfacing  driveways  and  park- 

ing areas       ...... 

38.  For  airplane     ...... 

And  the  county  commissioners  of  Barnstable 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year,  in 
the  manner  provided  by  law,  the  following  sum 
to  be  expended,  together  with  the  cash  balance 
on  hand  and  the  receipts  from  other  sources,  for 
the  above  purposes         ..... 


$4,000  00 
1,000  00 

17,630  00 

26,745  00 

790  00 

5,000  00 
3,694  41 


$826,809  85 


Berkshire  County. 


Item 

1.     For  interest  on  county  debt        ....  $1,500  00 

3.  For  county  commissioners,  salaries  and  expenses  .  16,102  50 

4.  For  transportation  and  expenses  of  county  and  act- 

ing commissioners            .....  1,000  00 

5.  For  clerk  of  courts,  salaries  and  expenses     .          .  20,745  00 

6.  For  county  treasurer,  salaries  and  expenses            .  10,002  25 

7.  For  sheriff,  salary  and  expenses            .          .          .  6,850  00 

8.  For  registries  of  deeds,  salaries  and  expenses         .  90,616  00 
8a.  For  registry  of  probate,  expenses          .          .          .  5,054  20 

9.  For  law  libraries,  salaries  and  expenses         .          .  7,112  80 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages            .....  205,335  00 

11.  For  examination  of  dams   .....  1,000  00 

12.  For  criminal  costs  in  superior  court     .          .          .  23,903  50 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and   land   courts,    including  auditors, 

masters  and  referees        .....  27,440  00 

14.  For  district  courts,  salaries  and  expenses      .          .  118,347  30 

15.  For  medical  examiners  and  commitments  of  insane  8,000  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ......  104,926  69 

17.  For  training  school 2,000  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation  .....  46,195  95 
20.     For  county  aid  to  agriculture,  maintenance  and 

operation       ...         .         .         .         .  43,822  50 

21a.  For  state  reservation,  maintenance  and  operation. 

Mount  Greylock 32,740  50 

21b.  For  state  reservation,  maintenance  and  operation, 

Mount  Everett 4,275  00 

22.     For  hospital  or  sanatorium          ....  119,451  74 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  17,763  42 

26.  For  miscellaneous  and  contingent  expenses  .          .  7,450  00 

27.  For  unpaid  bills  of  previous  years        .          .          .  350  00 

28.  For  reserve  fund 6,000  00 


Acts,  1955.  — Chap.  765.  807 

Berkshire  County  —  Continued. 


Item 

29.  For  advertising  recreational  advantages  of   the 

county $30,000  00 

30.  For  forest  development  in  co-operation  with  the 

state 1,500  00 

32.     For  Dutch  elm  disease 4,500  00 

34.     For  forest  fire  patrol 4,000  00 

And  the  county  commissioners  of  Berkshire  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be  ex- 
pended, together  with  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the  above 
purposes $761,027  34 


Bristol  County. 

Item 

1.  For  interest  on  county  debt        ....  $10,090  00 

2.  For  reduction  of  county  debt      ....  45,000  00 

3.  For  county  commissioners,  salaries  and  expenses   .  14,264  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  500  00 

5.  For  clerk  of  courts,  salaries  and  expenses     .  .  59,984  00 

Sums  appropriated  under  Code  560  of  this  item 
shall  be  expended  under  the  direction  of  the 
clerk  of  the  courts.  Bills  incurred  under  said 
code  shall  be  paid  by  the  Treasurer  of  Bristol 
County  whether  or  not  approved  by  the 
County  Commissioners  of  Bristol  County, 
any  provision  of  law  to  the  contrary  not- 
withstanding. 

6.  For  county  treasurer,  salaries  and  expenses  .  33,880  00 

7.  For  sheriff,  salary  and  expenses  .  .  .  8,975  00 

8.  For  registries  of  deeds,  salaries  and  expenses         .  175,353  50 
8a.  For  registry  of  probate,  salaries  and  expenses        .  15,030  00 

9.  For  law  libraries,  salaries  and  expenses         .  .  22,086  00 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages 222,350  00 

12.  For  criminal  costs  in  superior  court     .  .  .  101,846  37 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and   land   courts,   including  auditors, 

masters  and  referees        .  .  .  .  .  88,135  00 

14.  For  district  courts,  salaries  and  expenses      .  .  246,036  18 

15.  For  medical  examiners  and  commitments  of  insane  28,500  00 

16.  For  jaUs  and  houses  of  correction,  maintenance 

and  operation 188,966  00 

17.  For  training  school    .  .  .  .  .  .  2,000  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation        .....  239,297  79 

20.     For  agricultural  school,  maintenance  and  operation  291,950  00 

24.  For  non-contributory  pensions    ....  19,043  85 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      .          .          .          .          .          .  46,719  77 

26.  For  miscellaneous  and  contingent  expenses  .          .  14,525  00 

27.  For  unpaid  bills  of  previous  years        .          .          .  2,500  00 

28.  For  reserve  fund 10,000  00 


808 


Acts,  1955. —  Chap.  765. 


Bristol  County  —  Continued. 


Item 

29. 

32. 


For  county  forest  fire  patrol       ....  $4,000  00 

For  police  training  school  .....  500  00 

And  the  county  commissioners  of  Bristol  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for 
the  above  purposes $1,436,710  99 


Dukes  County. 


Item 

1.  For  interest  on  county  debt         ....  $4,700  00 

2.  For  reduction  of  county  debt      ....  8,306  39 

3.  For  county  commissioners,  salaries  and  expenses  6,250  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  500  00 

5.  For  clerk  of  courts,  salaries  and  expenses     .          .  6,320  00 

6.  For  county  treasurer,  salaries  and  expenses            .  3,435  00 

7.  For  sheriff,  salary  and  expenses            .          .          .  3,455  57 

8.  For  registry  of  deeds,  salaries  and  expenses            .  10,690  50 
8a.  For  registry  of  probate,  expenses          .          .          .  1,110  00 

9.  For  law  libraries,  salaries  and  expenses         .          .  500  00 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages            .....  24,000  00 

12.  For  criminal  costs  in  superior  court     .          .          .  2,861  75 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and   land   courts,    including   auditors, 

masters  and  referees        .....  1,500  00 

14.  For  district  courts,  salaries  and  expenses      .          .  12,692  50 

15.  For  medical  examiners  and  commitments  of  in- 

sane          .         .  500  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation 7,612  70 

18.  For  court  houses  and  registry  buildings,  mainte- 
nance and  operation        .          .          .          .          .  3,500  00 

20.     For  county  aid  to  agriculture,  maintenance  and 

operation       ...          .          .          .          .  14,605  00 

21a.  For  state  reservation,  maintenance  and  operation, 

Gay  Head 3,600  00 

21b.  For  state  reservation,  Indian  burial  ground            .  400  00 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      .         .         .         .         .         .  2,414  86 

26.  For  miscellaneous  and  contingent  expenses  .          .  3,000  00 

27.  For  unpaid  bills  of  previous  years        .          .          .  2,264  50 

28.  For  reserve  fund 2,600  00 

29.  For  advertising  recreational  advantages  of  the 

county 17,930  00 

30.  For  county  rodent  control           ....  5,500  00 

31.  For  county  airport,  maintenance  and  operation    .  41,160  00 

32.  For  woodtick  control 1,250  00 

34.     For  Dukes  county  soil  conservation  district           .  250  00 

And  the  county  commissioners  of  the  county  of 
Dukes  county  are  hereby  authorized  to  levy  as 


Acts,  1955.  — Chap.  765. 


809 


Dukes  County  —  Continued. 


Item 


the  county  tax  of  said  county  for  the  current 
year,  in  the  manner  provided  by  law,  the  fol- 
lowing sum  to  be  expended,  together  with  the 
cash  balance  on  hand  and  the  receipts  from 
other  sources,  for  the  above  purposes 


$147,954  24 


Essex  County. 


Item 

1.  For  interest  on  county  debt 

2.  For  reduction  of  county  debt 

3.  For  county  commissioners,  salaries  and  expenses 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .... 

5.  For  clerk  of  courts,  salaries  and  expenses 

6.  For  county  treasurer,  salaries  and  expenses 

7.  For  sheriff,  salary  and  expenses 

8.  For  registries  of  deeds,  salaries  and  expenses 
8a.  For  registry  of  probate,  salaries  and  expenses 

9.  For  law  libraries,  salaries  and  expenses 
10.     For  highways,  including  state  highways,  bridges 

and  land  damages  .... 

12.  For  criminal  costs  in  superior  court     . 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and   land   courts,   including   auditors, 
masters  and  referees        ..... 

14.  For  district  courts,  salaries  and  expenses 

15.  For  medical  examiners  and  commitments  of  insane 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ..... 

17.  For  training  school    ..... 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation        .... 
20.     For  agricultural  school,  maintenance  and  opera- 
tion     ....... 

24.  For  non-contributory  pensions    . 

25.  For  contributory  retirement  systems  and  super- 

visory e.xpenses      ..... 

26.  For  miscellaneous  and  contingent  expenses  . 

27.  For  unpaid  bills  of  previous  years 

28.  For  reserve  fund        ..... 

29.  For  forest  development      .... 

30.  For  fire  patrol  ...... 

31.  For  advertising  recreational   advantages  of  the 

county  ....... 

And  the  county  commissioners  of  Essex  county  are 
hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for  the 
above  purposes      ...... 


$18,362  50 

190,000  00 

31,690  00 

1,200  00 
75,166  34 
34,639  00 
9,115  00 
320,696  25 
10,158  00 
17,925  00 

428,304  00 
97,055  00 


132,480  00 

363,963  00 

28,000  00 

210,353  00 
182,378  00 

154,921  00 

462,390  00 
30,082  96 

89,268  65 
9,209  53 
2,000  00 

15,000  00 
1,600  00 
4,000  00 

1,500  00 


$2,164,310  00 


Acts,  1955.  —  Chap.  765. 


Franklin  County. 


Item 

1.  For  interest  on  county  debt        ....  $1,000  00 

2.  For  reduction  of  county  debt      ....  3,600  00 

3.  For  county  commissioners,  salaries  and  expenses  .  10,430  00 

4.  For  transportation  and  expenses  of  county  and  act- 

ing commissioners            .....  500  00 

5.  For  clerk  of  courts,  salaries  and  expenses     .         .  15,400  00 

6.  For  county  treasurer,  salaries  and  expenses            .  10,968  75 

7.  For  sheriff,  salary  and  expenses            .          .          .  5,037  50 

8.  For  registry  of  deeds,  salaries  and  expenses           .  29,158  00 
8a.  For  registry  of  probate,  salaries  and  expenses        .  2,625  00 

9.  For  law  libraries,  salaries  and  expenses         .          .  5,450  00 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages           .....  108,775  00 

11.  For  examination  of  dams   .....  400  00 

12.  For  criminal  costs  in  superior  court     .          .          .  13,381  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and  land   courts,    including  auditors, 

masters  and  referees        .....  14,000  00 

14.  For  district  courts,  salaries  and  expenses      .          .  35,260  39 

15.  For  medical  examiners  and  commitments  of  in- 

sane    .         .         .         ...         .         .  3,000  00 

16.  For  jails  and  houses  of  correction,  maintenance  and 

operation       .......  55,503  50 

17.  For  training  school 200  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation        .....  24,505  00 

20.  For  county  aid  to  agriculture,  maintenance  and 

operation       .          .          .          .          .          .          .  42,030  00 

21.  For  state  reservation,  maintenance  and  operation, 

Mount  Sugarloaf   ......  3,650  00 

22.  For  hospital  or  sanatorium          ....  21,424  58 

23.  For    preventorium,     health    service,     Greenfield 

Health  Camp 2,200  00 

24.  For  non-contributory  pensions     ....  1,500  00 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  9,995  97 

26.  For  miscellaneous  and  contingent  expenses  .          .  3,525  00 

27.  For  unpaid  bills  of  previous  years        .          .          .  700  00 

28.  For  reserve  fund 5,000  00 

29.  For  advertising  recreational  advantages  of  the 

county           .......  5,266  66 

33.     For  fire  protection,  radio  system          .          .          .  4,000  00 

And  the  county  commissioners  of  Franklin  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for  the 
above  purposes      ......       $364,682  38 


Hampden  County. 


Item 
1. 
2. 
3. 


For  interest  on  county  debt        ....  $6,500  00 

For  reduction  of  county  debt      ....  36,000  00 

For  coimty  commissioners,  salaries  and  expenses  .  22,861  00 


Acts,  1955.  —  Chap.  765. 


811 


Hampden  County  —  Continued. 


Item 
4. 

5. 

6. 

7. 


9. 
10. 

11. 
12. 
13. 


14. 
15. 
16. 

17. 
18. 

20. 

21. 

23. 
24. 
25. 

26. 

27. 
28. 
29. 

30. 


For  transportation  and  expenses  of  county  and 
acting  commissioners      .... 

For  clerk  of  courts,  salaries  and  expenses 

For  county  treasurer,  salaries  and  expenses 

For  sheriff,  salary  and  expenses  . 

For  registry  of  deeds,  salaries  and  expenses 

For  registry  of  probate,  salaries  and  expenses 

For  law  libraries,  salaries  and  expenses 

For  highways,  including  state  highways,  bridges 
and  land  damages  .... 

For  examination  of  dams   .... 

For  criminal  costs  in  superior  court 

For  civU  expenses  in  supreme  judicial,  superior, 
probate  and  land  courts,  including  auditors, 
masters  and  referees        .  .  .  .  . 

For  district  courts,  salaries  and  expenses 

For  medical  examiners  and  commitments  of  insane 

For  jails  and  houses  of  correction,  maintenance  and 
operation       ...... 

For  training  school    ..... 

For  court  houses  and  registry  buildings,  mainte- 
nance and  operation        .... 

For  county  aid  to  agriculture,  maintenance  and 
operation       ...... 

For  state  reservation,  maintenance  and  operation 
Mount  Tom  ..... 

For  preventorium,  health  service 

For  non-contributory  pensions    . 

For  contributory  retirement  systems  and  super- 
visory expenses      ..... 

For  miscellaneous  and  contingent  expenses  . 

For  unpaid  bills  of  previous  years 

For  reserve  fund        ..... 

For  advertising  recreational  advantages  of  the 
county  ...... 

For  Dutch  elm  disease        .... 

And  the  county  commissioners  of  Hampden  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the 
manner  provided  by  law,  the  following  sum  to 
be  expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for 
the  above  purposes  .  .  .  .  . 


$550  00 
54,397  50 
21,010  00 
9,150  00 
138,820  00 
16,642  00 
19,830  00 

227,550  00 

3,600  00 

75,540  55 


106,050  00 

353,195  37 

22,500  00 

190,345  84 
81,910  00 

117,025  00 

91,338  60 

25,673  04 

3,000  00 

16,060  00 

46,364  21 
8,810  85 
1,500  00 

10,000  00 

4,600  00 
500  00 


$1,296,696  85 


Hampshire  County. 


Item 

1.    For  interest  on  county  debt        ....  $1,200  GO 

3.  For  county  commissioners,  salaries  and  expenses  10,275  00 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .....  750  00 

5.  For  clerk  of  courts,  saliries  and  expenses      .          .  21,515  00 

6.  For  county  treasurer,  salaries  and  expenses            .  14,400  00 

7.  For  sheriff,  salary  and  expenses  ....  5,337  50 

8.  For  registry  of  deeds,  salaries  and  expenses            .  36,980  00 
8a.  For  registry  of  probate,  expenses          .          .          .  3,080  00 

9.  For  law  Ubraries,  salaries  and  expenses         .          .  5,080  00 


812 


Acts,  1955.  — Chap.  765. 


Hampshire  County  —  Continued. 


Item 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages $127,375  00 

11.  For  examination  of  dams   .....  1,500  00 

12.  For  criminal  costs  in  superior  court     .  .  .  20,938  00 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and   land   courts,    including  auditors, 

masters  and  referees        .....  20,345  00 

14.  For  district  courts,  salaries  and  expenses      .  .  56,505  27 

15.  For  medical  examiners  and  commitments  of  in- 

sane     ........  11,000  00 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ......  83,455  40 

17.  For  traming  school 375  00 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation        .....  36,261  50 

20.  For  county  aid  to  agriculture,  maintenance  and 

operation       .......  45,515  00 

21.  For  state  reservation,  maintenance  and  operation. 

Mount  Tom 4,738  96 

21a.  For  soil  conservation,  Hampshire  county  district  .  100  00 

22.  For  hospital  or  sanatorium  ....  132,397  09 

23.  For  preventorium,  health  service  .  .  .  1,600  00 

24.  For  non-contributory  pensions    ....  2,064  35 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ......  10,360  47 

26.  For  miscellaneous  and  contingent  expenses  .  .  1,781  54 

28.  For  reserve  fund 5,000  00 

29.  For  advertising  recreational  advantages  of  the 

county 4,600  00 

And  the  county  commissioners  of  Hampshire 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  j'ear, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended,  together  with  the  cash 
balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes         .  .  .        $542,722  05 


Middlesex  County. 


Item 
1. 
2. 
3. 
4. 

5. 
6. 

7. 


8b. 

9. 
10. 

12. 


For  interest  on  county  debt 

For  reduction  of  county  debt 

For  county  commissioners,  salaries  and  expenses 

For  transportation  and  expenses  of  count}''  and 

acting  commissioners      .... 
For  clerk  of  courts,  salaries  and  expenses 
For  county  treasurer,  salaries  and  expenses 
For  sheriff,  salary  and  expenses 
For  registries  of  deeds,  salaries  and  expenses 
For  registry  of  probate,  salaries  and  expenses 
For  classified  and  consolidated  indices,  southern 

registry  of  deeds    ..... 
For  law  libraries,  salaries  and  expenses 
For  highways,  including  state  highways,  bridges 

and  land  damages  .... 

For  criminal  costs  in  superior  court     . 


$11,000  00 

265,000  00 

35,400  00 

1,000  00 

154,790  62 

47,535  00 

9,575  00 

622,938  00 

37,300  00 

175,000  00 
34,750  00 

677,302  00 
296,650  00 


Acts,  1955.  —  Chap.  765. 


813 


Middlesex  County  —  Continued. 


Item 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate  and   land   courts,    including   auditors, 
masters  and  referees        ..... 

14.  For  district  courts,  salaries  and  expenses 

15.  For  medical  examiners  and  commitments  of  insane 

16.  For  jails  and  houses  of  correction,  maintenance  and 

operation       ....... 

17.  For  training  school    ...... 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation  and  office  supplies     . 

20.  For  county  aid  to  agriculture,  maintenance  and 

operation       ....... 

21.  For  state  reservation,  maintenance  and  operation, 

Walden  Pond         ...... 

24.  For  non-contributory  pensions    .... 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ...... 

26.  For  miscellaneous  and  contingent  expenses  . 

27.  For  unpaid  bills  of  previous  years 

28.  For  reserve  fund        ...... 

30.     For  fire  patrol  ....... 

And  the  county  commissioners  of  Middlesex 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended,  together  with  the  cash 
balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes 


$304,600  00 

922,452  00 

62,800  00 

776,055  00 
226,840  00 

329,303  00 

86,759  00 

63,701  00 
75,000  00 

102,015  00 
13,500  00 

6,000  00 
40,000  00 

5,000  00 


$4,169,518  42 


Norfolk  County. 


Item 
1. 
2. 
3. 
4. 

5. 
6. 

7. 
8. 
8a. 
9. 
10. 

12. 
13. 


14. 
15. 
16. 

17. 
18. 


For  interest  on  county  debt 
For  reduction  of  county  debt 
For  covinty  commissioners,  salaries  and  expenses 
For  transportation  and  expenses  of  county  and 
acting  commissioners      .... 

For  clerk  of  courts,  salaries  and  expenses 
For  county  treasurer,  salaries  and  expenses 
For  sheriff,  salary  and  expenses  . 
For  registry  of  deeds,  salaries  and  expenses 
For  registry  of  probate,  salaries  and  expenses 
For  law  Ubraries,  salaries  and  expenses 
For  highways,  including  state  highways,  bridges 
and  land  damages  .... 

For  criminal  costs  in  superior  court 

For  civil  expenses  in  supreme  judicial,  superior, 

probate   and   land   courts,    including  auditors 

masters  and  referees        .... 

For  district  courts,  salaries  and  expenses 

For  medical  examiners  and  commitments  of  insane 

For  jails  and  houses  of  correction,  maintenance 

and  operation         ...... 

For  training  school    ...... 

For  court  houses  and  registry  buildings,  mainte- 
nance and  operation        ..... 


$10,000  00 
25,000  00 
19,180  00 

500  00 

45,743  50 

27,052  00 

8,300  00 

285,450  00 

16,425  00 

4,784  00 

345,480  00 
102,152  50 


77,600  00 

341,870  85 

28,500  00 

172,428  88 
25,000  00 

171,680  00 


814 


Acts,  1955. —  Chap.  765. 


Norfolk  County  —  Continued. 


Item 

20.    For  agricultural  school,  maintenance  and  opera- 
tion     ........ 

24.  For  non-contributory  pensions    .... 

25.  For  contributory  retirement  systems  and  super- 

visory expenses      ...... 

26.  For  miscellaneous  and  contingent  expenses  . 

27.  For  unpaid  bills  of  previous  years 

28.  For  reserve  fund        ...... 

30.     For  forest  fire  patrol  ..... 

And  the  county  commissioners  of  Norfolk  coimty 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for 
the  above  purposes         ..... 


$297,723  00 
23,500  00 

32,693  15 
5,708  69 
3,000  00 

20,000  00 
5,000  00 


$1,386,387  73 


Plymouth  County. 


Item 
1. 
2. 
3. 
4. 

5. 
6. 

7. 


9. 
10. 

11. 
12. 
13. 


14. 
15. 
16. 

17. 
18. 

19. 

20. 

24. 
25. 

26. 
27. 
28. 
29. 
30. 


For  interest  on  county  debt 

For  reduction  of  county  debt 

For  county  commissioners,  salaries  and  expenses 

For  transportation  and  expenses  of  county  and 
acting  commissioners      .... 

For  clerk  of  courts,  salaries  and  expenses 

For  county  treasurer,  salaries  and  expenses 

For  sheriff,  salary  and  expenses 

For  registry  of  deeds,  salaries  and  expenses 

For  registry  of  probate,  salaries  and  expenses 

For  law  libraries,  salaries  and  expenses 

For  highways,  including  state  highways,  bridges 
and  land  damages  .... 

For  examination  of  dams   .... 

For  criminal  costs  in  superior  court 

For  civil  expenses  in  supreme  judicial,  superior, 
probate  and  land  courts,  including  auditors, 
masters  and  referees        ..... 

For  district  courts,  salaries  and  expenses 

For  medical  examiners  and  commitments  of  insane 

For  jails  and  houses  of  correction,  maintenance 
and  operation         ..... 

For  training  school    ..... 

For  court  houses  and  registry  buildings,  mainte- 
nance and  operation        .... 

For  construction  of  county  buildings  and/or  pur 
chase  of  land  .         .         .         . 

For  county  aid  to  agriculture,  maintenance  and 
operation       ...... 

For  non-contributory  pensions    . 

For  contributory  retirement  systems  and  super- 
visory expenses      ..... 

For  miscellaneous  and  contingent  expenses  . 

For  unpaid  bills  of  previous  years 

For  reserve  fund        ..... 

For  police  training  school  .... 

For  forest  fire  control         .... 


$5,947  24 

113,250  00 

24,535  10 

1,074  00 
44,991  00 
18,480  75 

8,245  00 

156,962  50 

10,965  00 

8,260  00 

243,801  52 

750  00 

69,295  13 


63,530  00 

182,413  81 

15,160  00 

199,425  00 
10,000  00 

72,013  01 

10,000  00 

58,331  77 
1,216  12 

28,912  19 

2,324  75 

1,000  00 

10,000  00 

16,297  00 

6,593  96 


Acts,  1955. —  Chap.  765. 


815 


Plymouth  County  —  Continued. 


Item 


And  the  county  commissioners  of  Plymouth  county 
are  hereby  authorized  to  levy  as  the  county  tax 
of  said  county  for  the  current  year,  in  the  man- 
ner provided  by  law,  the  following  sum  to  be 
expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for  the 
above  purposes      ...... 


$1,087,100  24 


Worcester  County. 


Item 

1.  For  interest  on  county  debt 

2.  For  reduction  of  county  debt 

3.  For  county  commissioners,  salaries  and  expenses 

4.  For  transportation  and  expenses  of  county  and 

acting  commissioners      .... 

5.  For  clerk  of  courts,  salaries  and  expenses 

6.  For  county  treasurer,  salaries  and  expenses 

7.  For  sheriff,  salary  and  expenses 

8.  For  registry  of  deeds,  salaries  and  expenses 
8a.  For  registry  of  probate,  salaries  and  expenses 

9.  For  law  libraries,  salaries  and  expenses 

10.  For  highways,  including  state  highways,  bridges 

and  land  damages  .... 

1 1 .  For  examination  of  dams   .... 

12.  For  criminal  costs  in  superior  court     . 

13.  For  civil  expenses  in  supreme  judicial,  superior, 

probate   and   land   courts,    including  auditors, 
masters  and  referees       .... 

14.  For  district  courts,  salaries  and  expenses 

15.  For  medical  examiners  and  commitments  of  in 

sane      ....... 

16.  For  jails  and  houses  of  correction,  maintenance 

and  operation         ..... 

17.  For  training  school    ..... 

18.  For  court  houses  and  registry  buildings,  mainte- 

nance and  operation  .... 
20.    For  county  aid  to  agriculture,  maintenance  and 

operation       ...... 

21a.  For  state  reservation,  maintenance  and  operation 

Mount  Wachusett  .... 

21b.  For  state  reservation,  Purgatory  Chasm 

23.  For  preventorium,  health  service 

24.  For  non-contributory  pensions    . 

26.     For  contributory  retirement  systems  and  super- 
visory expenses      ..... 

26.  For  miscellaneous  and  contingent  expenses  . 

27.  For  unpaid  bills  of  previous  years 

28.  For  reserve  fund        ..... 

29.  For  bindery  department     .... 

And  the  county  commissioners  of  Worcester 
county  are  hereby  authorized  to  levy  as  the 
county  tax  of  said  county  for  the  current  year, 
in  the  manner  provided  by  law,  the  following 
sum  to  be  expended,  together  with  the  cash 
balance  on  hand  and  the  receipts  from  other 
sources,  for  the  above  purposes 


$24,497  59 
60,000  00 
30,006  00 

2,966  00 
84,354  60 
32,757  60 

9,695  00 

276,742  00 

13,267  00 

26,540  00 

603,875  00 

1,200  00 

108,819  00 


190,237  00 
408,622  87 

43,760  00 

269,570  00 
38,774  00 

144,209  00 

90,944  00 

31,035  00 

16,390  00 

2,000  00 

37,670  00 

56,584  00 
17,159  00 

4,000  00 
15,000  00 

7,380  00 


$2,093,471  37 


816  Acts,  1955. —  Chap.  765. 

Section  2.  Sums  appropriated  in  section  one  are  based 
upon  detailed  schedules  approved  by  the  joint  committee  on 
counties,  copies  of  which  are  deposited  with  the  director  of 
accounts. 

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

Transfers  within  an  appropriation  from  a  main  group  to 
another  main  group  may  be  made  upon  written  request  of 
the  authorized  official  of  the  organization  unit  with  the 
written  approval  of  said  county  commissioners,  and  copies 
of  said  request  and  approval  shall  be  filed  with  the  county 
treasurer;  provided,  however,  that  no  transfer  shall  be  made 
from  the  main  group  "personal  services"  to  another  main 
group  nor  shall  any  transfer  be  made  from  any  other  main 
group  into  the  main  group  "personal  services". 

Transfers  within  an  appropriation  between  classes  and 
between  sub-classes  within  a  main  group  may  be  made  by 
the  authorized  official  of  the  organization  unit  whenever  in 
his  opinion  public  necessity  and  convenience  so  requires; 
provided,  however,  that  no  transfer  shall  be  made  within 
the  classes  of  the  main  group  "personal  services". 

Notwithstanding  anything  in  this  section  to  the  contrary, 
transfers  within  the  detailed  schedules  for  the  appropriation 
for  the  Bristol  County  Agricultural  School,  the  Essex  County 
Agricultural  School  and  the  Norfolk  County  Agricultural 
School  may  be  made  solely  upon  the  written  approval  of  the 
commissioner  of  education  for  the  commonwealth. 

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

Section  3.  No  expense  incurred  for  mid-day  meals  by 
county  employees,  other  than  those  who  receive  as  part  of 
their  compensation  a  non-cash  allowance  in  the  form  of  full 
or  complete  boarding  and  housing,  and  those  employees  who 
are  stationed  beyond  commuting  distance  from  their  homes 
for  a  period  of  more  than  twenty-four  hours,  shall  be  allowed 
by  any  county;  provided,  that  officers  or  employees  who 
have  charge  of  juries  or  who  have  the  care  and  custody  of 
prisoners,  insane  persons  or  other  persons  placed  in  their 
charge  by  a  court  or  under  legal  proceedings  for  transfer  to 
or  from  court  to  an  institution  or  from  institution  to  insti- 
tution and  persons  certified  by  a  district  attorney  as  engaged 
in  investigation  shall  be  reimbursed  for  the  expense  of  mid- 
day meals  when  necessarily  engaged  on  such  duty;  and 
provided,  further,  that  officers  and  employees  in  attendance 


Acts,  1955.  — Chap.  766.  817 

at  meetings  and  conferences  called  by  or  for  any  group  or 
class  on  a  state-wide  basis  shall  be  so  reimbursed. 

Section  4.  The  allowance  to  county  employees  for  ex- 
penses incurred  by  them  in  the  operation  of  motor  vehicles 
owned  by  them  or  by  any  member  of  their  immediate  f  amiUes 
and  used  in  the  performance  of  their  official  duties  shall  not 
exceed  seven  cents  a  mile,  except  in  cases  where  a  higher 
allowance  is  specifically  provided  by  statute;  provided,  that 
in  the  case  of  commitments  of  the  insane  the  justice  of  the 
court  ordering  the  commitment  may  order  a  higher  rate. 

Approved  September  10,  1956. 


Chap.im 


An  Act  relative  to  the  functions  and  duties  of  the 
youth  service  board  and  pr0vtl)ing  for  the  reorgan- 
ization  of  the   advisory   committee   on   service  to 

YOUTH. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  to  make  immediately  effective  preamble, 
certain  changes  in  the  law  relating  to  wayward  and  delin- 
quent children,  therefore  it  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
pubHc  safety. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.    Section  65  of  chapter  6  of  the  General  Laws,  as  q  l  (Xer. 
amended  by  section  1  of  chapter  605  of  the  acts  of  1952,  is  Eci.),  e,  §  65, 
hereby  further  amended  by  striking  out  the  first  paragraph  °    '  '*™^° 
and  inserting  in  place  thereof  the  following  paragraph :  — 
There  shall  be  a  board,  to  be  known  as  the  youth  service  youth  service 
board,  in  this  section  and  in  sections  sixty-six  to  sixty-nine,  board, 
inclusive,  called  the  board,  to  consist  of  three  members  one 
of  whom  shall  be  a  woman,  each  to  be  appointed  by  the 
governor  with  the  advice  and  consent  of  the  council.    One 
member  appointed,  to  be  designated  by  the  governor,  shall 
be  the  chairman  of  the  board  and  the  director  of  the  division 
of  youth  service  in  the  department  of  education,  established 
under  section  four  A  of  chapter  one  hundred  and  twenty. 
Each  of  the  other  members  shall  act  as  deputy  director  of  said 
division.    Each  member,  including  the  chairman,  shall  serve 
for  a  term  of  six  years.    Any  vacancy  occurring  during  said 
term  shall  be  filled  by  appointment  in  the  manner  aforesaid 
for  the  unexpired  portion  of  the  term. 

Section  2.    Said  chapter  6  is  hereby  further  amended  by  g.  l.  (Ter. 
striking  out  section  67,  as  amended  by  section  17  of  said  ^^■'^'  ^'  *  ^7\ 

n  ,.  .'        .         ,  1  p  ,^       !•   ^^        •  etc.,  amenaeu. 

chapter  60o,  and  msertmg  m  place  thereof  the  following  sec- 
tion :  —  Section  67.  It  shall  be  the  function  and  duty  of  the 
board :  — 

(1)  To  develop  constructive  programs  to  reduce  and  pre-  Functions  and 
vent  delinquency  and  crime  among  youth,  and  to  that  end  ||"'j.!f  °^  *■'"* 
it  shall  co-operate  with  existing  agencies,  pubhc  and  pri- 
vate, and  encourage  the  establishment  of  new  agencies,  both 
local  and  state- wide,  having  as  their  object  the  control  and 


818 


Acts,  1955.  — Chap.  766. 


G.  L.  (Ter. 
Ed.),  6,  §  69, 
etc.,  amended. 


Advisory 
committee 
on  service 
to  youth. 


Members. 


prevention  of  delinquency  and  crime;  and  the  board  shall 
assist  local  authorities  of  any  county  or  municipality,  when 
so  requested  by  the  governing  body  thereof  or  when  in 
the  opinion  of  the  board  assistance  is  deemed  desirable, 
in  strengthening  and  co-ordinating  its  educational,  welfare, 
health  and  recreational  programs  which  have  as  their  object 
service  to  youth,  control  and  prevention  of  dehnquency  and 
crime. 

(2)  To  visit  the  county  training  schools  for  the  purpose 
of  co-ordinating  the  efforts  of  the  schools  with  the  program 
of  the  board  for  the  treatment,  control  and  prevention  of 
juvenile  delinquency.  The  board  shall  give  advice  and  as- 
sistance to  the  schools  and  make  recommendations  in  the 
public  interest. 

Section  3.  Said  chapter  6  is  hereby  further  amended  by 
striking  out  section  69,  as  appearing  in  section  2  of  chapter 
310  of  the  acts  of  1948,  and  inserting  in  place  thereof  the 
following  section :  — •  Section  69.  There  shall  be  a  committee, 
to  be  known  as  the  advisory  committee  on  service  to  youth, 
whose  functions  are  to  make  specific  evaluations  of  the  per- 
formance by  the  board  of  its  functions  and  duties;  to  advise 
and  make  recommendations  to  said  board  and  to  advise, 
assist  and  recommend  co-ordination  of  all  appropriate  de- 
partments and  agencies  of  the  government  on  any  matter 
affecting  the  behavior,  care  or  welfare  of  children  or  youth; 
to  interpret  the  work  of  the  board  to  the  pubhc;  and  to 
enlist  public  co-operation  therein. 

The  committee  shall  consist  of  fifteen  members,  who  shall 
be  influential  citizens  in  their  communities  and  recognized 
for  their  interest  in  youth,  of  whom  three  shall  be  from  the 
county  of  Suffolk,  two  shall  be  from  the  county  of  Middle- 
sex, one  shall  be  from  the  county  of  Barnstable,  Dukes  or 
Nantucket,  and  one  shall  be  from  each  of  the  counties  of 
Berkshire,  Bristol,  Essex,  Frankhn,  Hampden,  Hampshire, 
Norfolk,  Plymouth  and  Worcester,  The  governor,  by  and 
with  the  advice  and  consent  of  the  council,  shall  appoint 
five  to  serve  for  six  years,  five  to  serve  for  four  years,  and 
five  to  serve  for  two  years.  Thereafter  each  member  shall 
be  appointed  and  confirmed  for  six  years.  Vacancies  shall 
be  filled  by  the  governor  for  the  unexpired  term,  subject  to 
the  advice  and  consent  of  the  council.  Failure  to  attend  four 
successive  regular  meetings  shall  disqualify  a  member  for 
further  service  and  his  position  shall  thereby  be  vacated. 
The  committee  shall  elect  from  its  members  a  chairman  and 
a  vice-chairman.  The  chairman  or  a  member  of  the  youth 
service  board,  designated  by  the  chairman  of  said  board, 
shall  serve  as  secretary  to  the  committee.  A  majority  shall 
constitute  a  quorum.  The  committee  shall  hold  meetings  at 
the  call  of  its  chairman  or  of  the  youth  service  board  or  at 
the  request  of  any  three  members  of  the  committee  at  such 
times  and  places  as  its  chairman  may  determine,  but  it  shall 
hold  not  less  than  six  meetings  annually.  The  committee 
shall  make  such  rules  and  orders  for  the  regulation  of  its 


Acts,  1955.  —  Chap.  766.  819 

own  proceedings  as  it  shall  deem  necessary.  The  several 
members  of  the  committee  shall  serve  without  compensation 
but  shall  be  reimbursed  for  their  necessary  expenses  incurred 
in  connection  with  travel  in  the  discharge  of  their  official 
duties. 

Before  the  convening  date  of  each  regular  session  of  the 
general  court,  the  committee  shall  make  a  report  to  the  gov- 
ernor and  general  court  of  its  activities  and  accomplishments. 
The  report  to  the  general  court  shall  be  filed  with  the  clerk 
of  the  house  of  representatives.  The  report  shall  include 
specific  recommendations  for  legislation,  if  any,  planned  and 
drafted  as  a  part  of  an  integrated,  unified  and  consistent 
program  to  serve  the  best  interests  of  youth;  and  recom- 
mendations for  the  repeal  of  any  conflicting,  obsolete  or 
otherwise  undesirable  legislation  affecting  youth. 

Section  4.     Said  chapter  6  is  hereby  further  amended  EdV'e^new 
by  inserting  after  section  69  the  following  section :  —  Sec-  §  69a,  kddrd. 
Hon  69 A.    The  board  shall  divide  the  commonwealth  into  Board  to  divide 
juvenile  districts,  one  of  which  shall  comprise  the  city  of  futlnlk" 
Boston,  as  may  best  suit  the  purposes  herein  provided,  and  districts. 
may  change  such  districts  from  time  to  time  as  experience 
may  require.     The  board  shall  appoint  a  field  agent  and 
senior  clerk-stenographer  for  each  district,  except  that  the 
district  comprising  the  city  of  Boston  shall  have  such  addi- 
tional field  agents  as  the  board,  within  the  limits  of  the 
amount  appropriated  therefor,  shall  from  time  to  time  deter- 
mine.   It  shall  be  the  duty  of  the  field  agent  tp  provide  ex- 
pert advice  and  service  to  every  city  and  town  and  agency 
therein,  both  public  and  private,  within  his  district,  to  co- 
operate with  and  aid  the  local  communities  in  the  preven- 
tion and  control  of  juvenile  delinquency,  and  to  carry  out 
the  deUnquency  prevention  program  and  purposes  of  the 
board.    Each  field  agent  shall  assist  the  local  communities  in 
surveying  dehnquency-producing  situations  and  in  estabhsh- 
ing  such  services  as  will  help  to  detect  and  treat  dehnquent 
children  at  an  early  age  before  they  become  involved  in 
serious  deUnquency.    The  field  agents  and  their  staffs  shall 
be  provided  with  adequate  quarters  in  a  suitable  public 
building  within  their  respective  districts. 

Section  5.     Section  11  of  chapter  120  of  the  General  g^^- (t^^- 
Laws,  as  amended  by  section  13  of  chapter  605  of  the  acts  etc',  'ameAded. ' 
of  1952,  is  hereby  further  amended  by  adding  after  the 
word  "existence",  in  fine  11,  the  following  words:  —  ;  {d)  es-  Establishment 
tabUsh,  on  land  under  the  control  of  the  department  of  ^icmties^when 
natural  resources  or  upon  other  sites  approved  by  the  com-  authorized. 
missioner  of  natural  resources,  forest  or  farm  school  camps 
to  which  children  placed  in  the  custody  of  the  youth  serv- 
ice board  may  be  sent  for  such  education  and  training  as 
may   be  deemed   best  for   their   readjustment,   the  work 
projects  of  which  may  be  assigned  in  farming  or  reforesta- 
tion, maintenance  and  development  of  state  forests  and 
recreational  areas  as  may  be  approved  by  the  commissioner 
of  natural  resources. 


preamble. 


820  Acts,  1955.  — Chaps.  767,  768. 

Section  6.  Members  of  the  advisory  committee  on  serv- 
ice to  youth  appointed  prior  to  the  effective  date  of  this 
act  under  the  provisions  of  section  sixty-nine  of  chapter  six 
of  the  General  Laws  shall  continue  to  hold  office  until  the 
expiration  of  their  respective  terms. 

Approved  September  10,  1955. 


Chap.7Q7  An  Act  providing  for  the  extension  of  the  date  of 

TERMINATION  OF  THE  ACT  TO  MEET  CERTAIN  CONTINGEN- 
CIES ARISING  IN  CONNECTION  WITH  THE  SERVICE  OF  PUBLIC 
OFFICERS  AND  EMPLOYEES  AND  CERTAIN  OTHER  PERSONS 
IN  THE  MILITARY  OR  NAVAL  FORCES  OF  THE  UNITED  STATES, 
AND    EXTENDING   THE   BENEFITS    OF   SAID   ACT. 

Emergency  Whereus,  The  deferred  operation  of  this  act  would  tend 

to  defeat  its  purpose,  which  is  in  part  to  extend  certain  bene- 
fits to  certain  persons  in  the  military  or  naval  forces  of  the 
United  States,  therefore  it  is  hereby  declared  to  be  an  emer- 
gency law,  necessary  for  the  immediate  preservation  of  the 
pubhc  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  708  of  the  acts  of  1941  is  hereby 
amended  by  striking  out  section  25,  as  most  recently  amended 
by  section  8  of  chapter  550  of  the  acts  of  1953,  and  inserting 
in  place  thereof  the  f ollowdng  section :  —  Section  25.  Serv- 
ice in  the  mihtary  or  naval  forces  of  the  United  States  re- 
ferred to  in  this  act  shall,  except  as  otherwise  provided 
thereby,  mean  such  service  occurring  between  January  first, 
nineteen  hundred  and  forty  and  July  first,  nineteen  hundred 
and  fifty-seven. 

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

Approved  September  10,  1955. 


Chap.7Q8  An  Act  relative  to  flood  control  of  the  charles  river 

AND   tributaries   THEREOF. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropohtan  district  commission,  here- 
inafter called  the  commission,  is  hereby  authorized  and 
directed  to  dredge  and  otherwise  improve  the  Charles  river 
and  its  tributaries,  including  Mother  brook  and  Long  Ditch, 
so-called,  between  the  upstream  end  of  the  Charles  River 
Basin  in  the  town  of  Watertown  to,  and  including,  the  dam 
of  said  river  in  the  town  of  Natick,  so  as  to  relieve  flood  con- 
ditions, and  to  construct,  reconstruct  and  repair  such  dams 
and  gates  as  may  be  required  for  such  purpose.  The  com- 
mission may  make  application  for  federal  assistance  in  the 
construction  of  any  project  authorized  by  this  act  and  any 
federal  funds  so  received  shall  be  credited  to  the  metro- 
politan district  commission  park  funds  and  be  used  to  pay 
debt  service  costs  incurred  as  authorized  by  this  act. 


Acts,  1955.  —  Chap.  768.  821 

Section  2.  The  commission,  for  the  purposes  of  this  act, 
may,  on  behalf  of  the  commonwealth,  take  by  eminent  do- 
main under  chapter  seventy-nine  of  the  General  Laws,  or 
acquire  by  purchase  or  otherwise,  any  lands,  waters,  water 
rights,  watercourses,  rights  of  way,  easements,  or  other  prop- 
erty or  interest  in  property,  and  shall  have  all  the  rights, 
powers  and  duties  and  be  subject  to  the  limitations  of  section 
thirty-two  of  chapter  ninety-two  of  the  General  Laws;  pro- 
vided, however,  that  cities  and  towns  in  the  area  or  areas 
within  which  construction  may  occur  shall  grant  to  the  com- 
mission the  right  to  enter  upon  any  pubhc  land  and  to  con- 
struct such  facilities  as  may  be  necessary  without  recourse 
to  damages  therefor.  The  commission,  however,  shall,  as 
provided  in  said  section  thirty-two,  heed  all  reasonable  re- 
quests of  officials  of  said  cities  and  towns  to  restore  such  public 
property  to  its  present  condition  in  so  far  as  is  practicable. 

Section  3.  Notwithstanding  the  provisions  of  any  special 
or  general  law  to  the  contrary,  the  commission  for  the  pur- 
poses of  flood  control  and  to  regulate  the  water  level  in  the 
Charles  river  and  Mother  brook  is  hereby  authorized  to  es- 
tabhsh  rules  and  regulations  governing  the  construction, 
reconstruction,  maintenance  and  repair  of  dams  on  the 
Charles  river  and  Mother  brook  and  the  storage  and  dis- 
charge of  water  thereby  in  said  streams. 

Section  4.  To  meet  the  expenditure  necessary  in  carry- 
ing out  the  provisions  of  this  act,  the  state  treasurer  shall, 
upon  request  of  the  governor  and  council,  issue  and  sell  at 
pubhc  or  private  sale  bonds  of  the  commonwealth,  registered 
or  with  interest  coupons  attached,  as  he  may  deem  best,  to 
an  amount  to  be  specified  by  the  governor  and  council  from 
time  to  time,  but  not  exceeding  in  the  aggregate,  the  sum  of 
one  milUon  dollars.  All  bonds  issued  by  the  commonwealth, 
as  aforesaid,  shall  be  designated  on  the  face,  Charles  River 
Flood  Control,  Act  of  1955,  and  shall  be  on  the  serial  pay- 
ment plan  for  such  maximum  term  of  years,  not  exceeding 
twenty  years,  as  the  governor  may  recommend  to  the  general 
court  pursuant  to  section  3  of  Article  LXII  of  the  Amend- 
ments to  the  Constitution  of  the  commonwealth,  the  maturi- 
ties thereof  to  be  so  arranged  that  the  amounts  payable  in 
the  several  years  of  the  period  of  amortization  other  than 
the  final  year  shall  be  as  nearly  equal  as  in  the  opinion  of 
the  state  treasurer  it  is  practicable  to  make  them.  Said 
bonds  shall  bear  interest  semi-annually  at  such  rate  as  the 
state  treasurer,  with  the  approval  of  the  governor,  shall  fix. 
The  initial  maturities  of  such  bonds  shall  be  payable  not 
later  than  one  year  from  the  date  of  issue  thereof  and  the 
entire  issue  not  later  than  June  thirtieth,  nineteen  hundred 
and  eighty.  All  interest  payments  and  payments  on  account 
of  principal  on  such  obligations  shall  be  paid  from  the  metro- 
politan district  commission  park  funds,  to  be  assessed  by 
methods  fixed  by  law. 

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

Approved  September  IS,  1966. 


822  Acts,  1955. —  Chap.  769. 

Chap, 7 69  An  Act  authorizing  the  state  airport  management 

BOARD    TO    BUILD   AN  ADDITIONAL   HANGAR   AND    SHOPS   AT 
THE   LAURENCE   G.    HANSCOM   FIELD. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  commissioner  of  airport  management  is 
hereby  authorized  and  directed  to  further  develop  the 
Laurence  G.  Hanscom  Field  by  having  built  thereon  a 
hangar  and  shops  with  the  approval  of  the  state  airport 
management  board;  provided,  however,  that  before  any 
money  provided  for  by  this  act  is  expended  for  any  purpose 
whatsoever  said  commissioner  shall  secure  a  binding  lease 
for  a  term  of  not  more  than  twenty-five  years,  with  the  ap- 
proval of  the  governor  and  council,  with  a  responsible  com- 
mercial aviation  company  providing,  in  addition  to  all  other 
airport  charges,  annual  rental  thereunder  for  the  said  build- 
ings sufficient  to  amortize  the  cost  of  said  buildings,  includ- 
ing the  interest  provided  for  in  section  two  of  this  act,  within 
the  term  of  such  lease.  No  such  lease  shall  be  assigned  or 
transferred  except  with  the  approval  of  the  governor  and 
council. 

Section  2.  To  meet  the  expenditures  necessary  in  carry- 
ing out  the  provisions  of  this  act,  the  state  treasurer  shall, 
upon  request  of  the  governor  and  council,  issue  and  sell  at 
public  or  private  sale  bonds  of  the  commonwealth,  registered 
or  with  interest  coupons  attached,  as  he  may  deem  best,  to 
an  amount  to  be  specified  by  the  governor  and  council  from 
time  to  time,  but  not  exceeding,  in  the  aggregate,  the  sum  of 
three  hundred  thousand  dollars.  AH  bonds  issued  by  the 
commonwealth,  as  aforesaid,  shall  be  designated  on  their 
face,  Laurence  G.  Hanscom  Field  Improvement  Loan  of 
1955,  and  shall  be  on  the  serial  payment  plan  for  such  maxi- 
mum term  of  years,  not  exceeding  twenty-five  years,  as  the 
governor  may  recommend  to  the  general  court  pursuant  to 
section  3  of  Article  LXII  of  the  Amendments  to  the  Consti- 
tution of  the  Commonwealth,  the  maturities  thereof  to  be 
so  arranged  that  the  amounts  payable  in  the  several  years 
other  than  the  final  year  shall  be  as  nearly  equal  as  in  the 
opinion  of  the  state  treasurer  it  is  practicable  to  make  them. 
Said  bonds  shall  bear  interest  semi-annually  at  such  rate  as 
the  state  treasurer,  with  the  approval  of  the  governor  shall 
fix,  but  such  bonds  shall  be  payable  not  earlier  than  July 
first,  nineteen  hundred  and  fifty-six,  nor  later  than  June 
thirtieth,  nineteen  hundred  and  eighty-one. 

Section  3.  Any  funds  received  by  the  commonwealth 
from  the  federal  government  for  airport  purposes  for  projects 
authorized  by  this  act  shall  be  used  to  reduce  the  amount  of 
bonds  issued  under  this  act. 

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

Approved  September  12,  1966. 


Acts,  1955.  —  Chap.  770.  823 


An  Act  relative  to  the  penal  and  reformatory  in-  Chap.770 

STITUTIONS    OF   THE    COMMONWEALTH. 

Whereas,  The  deferred  operation  of  this  act  would  tend  to  Emergency 
defeat  its  purpose,  which  is  in  part  to  make  certain  necessary  preamble. 
changes  in  the  correctional  system  of  the  commonwealth 
effective  on  October  twentieth,  nineteen  hundred  and  fifty- 
five,  therefore  it  is  hereby  declared  to  be  an  emergency  law, 
necessary  for  the  immediate  preservation  of  the  public 
peace,  safety  and  convenience. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.     Chapter  27  of  the  General  Laws  is  hereby  g.l.  (Ter. 
amended  by  striking  out  sections  1  to  6,  inclusive,  and  in-  fj^iie^.'^to., 
serting  in  place  thereof  the  following  six  sections :  —  Sec-  amended. 
tion  1.    There  shall  be  a  department  of  correction,  under  Department 
the  supervision  and  control  of  a  commissioner  of  correction,  clmm^issfoner 
The  commissioner  shall  be  the  executive  and  administrative  term,  etc 
head  of  the  department  and  all  officers  and  employees  of  the 
department  and  all  of  the  correctional  institutions  of  the 
commonwealth  shall  be  under  his  supervision  and  control. 
He  shall  receive  such  salary,  not  exceeding  fifteen  thousand 
dollars,  as  the  governor  and  council  may  determine.    Upon 
the  expiration  of  the  term  of  office  of  a  commissioner,  his 
successor  shall  be  appointed  for  three  years  by  the  governor, 
with  the  advice  and  consent  of  the  council.    Any  person  ap- 
pointed to  said  office  shall,  at  the  time  of  his  appointment, 
have  had  at  least  five  years  of  adult  correctional  adminis- 
trative experience  and  have  an  established  record  of  high 
character  and  qualities  of  leadership. 

Section  2.  The  commissioner  shall,  with  the  approval  of  Deputy 
the  governor  and  council,  appoint  and  may,  with  like  ap-  quaKfications, ' 
proval,  remove  a  deputy  commissioner  for  institutional  serv-  ^*°- 
ices,  a  deputy  commissioner  for  classification  and  treatment, 
and  a  deputy  commissioner  for  personnel  and  training,  each 
of  whom  shall  receive  such  salary,  not  exceeding  ten  thou- 
sand dollars,  as  the  governor  and  council  may  determine. 
All  such  deputy  commissioners  shall  possess  qualifications 
of  character  and  ability  similar  to  that  required  of  the  com- 
missioner, and  shall  have  had  training  and  experience  in 
work  generally  similar  to  those  required  of  the  commissioner 
or  otherwise  suitably  preparing  them  for  the  work  of  their 
respective  offices.  They  shall  not  be  subject  to  the  provisions 
of  chapter  thirty.  The  commissioner  may  designate  any 
deputy  commissioner  to  discharge  the  duties  of  the  commis- 
sioner during  his  absence  or  disabihty. 

Subject  to  appropriation  and  to  all  applicable  requirements 
of  chapter  thirty  or  thirty-one,  the  commissioner  shall  ap- 
point and  may  remove  such  other  officers  and  such  employees 
as  the  work  of  the  department  shall  require ;  and  from  time 
to  time  he  may,  subject  to  appropriation,  employ  such  con- 
sultants as  he  deems  necessary. 

Section  3.    There  shall  be  in  the  department  an  advisory  Advisory 

committee  on 
coneotion. 


824 


Acts,  1955.  —  Chap.  770. 


Parole  board, 
members. 


Parole  board 
to  supervise 
parole  of 
prisoners,  etc. 


committee  on  correction  consisting  of  nine  members  ap- 
pointed by  the  governor  for  terms  of  three  years  each,  except 
that  of  the  first  appointed  members  three  shall  be  appointed 
for  a  term  of  one  year,  three  for  a  term  of  two  years  and  three 
for  a  term  of  three  years.  The  committee  shall  meet  at 
least  twice  a  year  upon  call  of  the  chairman  who  shall  be 
designated  by  the  governor  and  shall  meet  at  any  time  upon 
call  of  the  governor.  The  committee  shall  visit  at  least 
annually  each  correctional  institution  of  the  common- 
wealth. Its  function  shall  be  to  give  advice  and  to  make 
recommendations  to  the  governor  and  to  the  commissioner 
regarding  any  matter  affecting  the  department,  and  it  shall 
have  no  other  powers  or  duties.  For  services  on  the  com- 
mittee, its  members  shall  be  paid  no  compensation  but  they 
shall  receive  their  expenses  necessarily  incurred  in  rendering 
such  service. 

Section  4-  There  shall  be  in  the  department,  but  not 
subject  to  its  jurisdiction,  a  parole  board,  consisting  of  five 
members,  two  of  whom  shall  be  women.  Upon  the  expira- 
tion of  the  term  of  office  of  a  member,  his  or  her  successor 
shall  be  appointed  by  the  governor  with  the  advice  and 
consent  of  the  council,  for  five  years.  The  governor  shall 
designate  one  of  the  men  members  chairman,  who  shall  have 
authority  and  responsibility  to  direct  assignments  of  mem- 
bers of  the  board  with  respect  to  hearings  and  other  duties, 
and  who  shall  also  direct  the  work  of  the  director  of  parole 
service.  The  chairman  shall  receive  a  salary  of  eleven  thou- 
sand dollars.  The  two  men  members  of  the  board  shall  each 
receive  a  salary  of  ten  thousand  dollars  and  the  women 
members  of  the  board  shall  each  receive  a  salary  of  five 
thousand  dollars.  The  chairman  and  the  two  men  members 
shall  devote  full  time  to  their  duties. 

All  the  members  of  the  board  shall  constitute  the  parole 
board  having  jurisdiction  over  the  granting  and  revocation 
of  paroles  for  women,  and  only  the  men  members  of  the 
board  shall  constitute  the  parole  board  having  jurisdiction 
over  the  granting  and  revocation  of  paroles  for  men.  The 
board  shall  act  as  a  whole  on  procedural  matters. 

Section  5.  The  parole  board  shall  (a)  within  its  juris- 
diction, as  defined  in  section  one  hundred  and  twenty-eight 
of  chapter  one  hundred  and  twenty-seven,  determine  what 
prisoners  in  the  correctional  institutions  of  the  common- 
wealth or  transferred  therefrom  to  jails  or  houses  of  correc- 
tion may  be  released  on  parole,  and  when  and  under  what 
conditions,  and  the  power  to  grant  a  parole  permit  to  any 
prisoner  transferred  from  an  institution  of  the  common- 
wealth, and  to  revoke,  revise,  alter  or  amend  the  same,  and 
the  terms  and  conditions  on  which  it  was  granted  shall 
remain  in  the  parole  board  until  the  expiration  of  the  maxi- 
mum term  of  the  sentence  or  sentences  for  the  service  of 
which  such  prisoner  was  committed,  or  until  the  date  which 
has  been  determined  by  deductions  from  the  maximum  term 
of  his  sentence  or  sentences  for  good  conduct,  or  unless 


Acts,  1955.  — Chap.  770.  825 

otherwise  terminated;  (6)  supervise  all  prisoners  released  on 
parole  permits  granted  by  it,  make  such  investigations  as 
may  be  necessary  in  connection  therewith,  determine  whether 
violation  of  parole  terms  and  conditions  exist  in  specific 
cases,  decide  the  action  to  be  taken  with  reference  thereto, 
and  aid  paroled  prisoners  to  secure  employment;  (c)  be  the 
advisory  board  of  pardons  with  the  power  and  duties  in 
relation  thereto  set  forth  in  section  one  hundred  and  fifty- 
four  of  chapter  one  hundred  and  twenty-seven;  (d)  super- 
vise all  prisoners  pardoned  on  parole  conditions,  and  report 
to  the  governor  violations  by  any  such  prisoner  of  the  parole 
conditions  applicable  to  his  pardon;  (e)  make  rules  relative 
to  the  performance  of  its  duties,  the  caUing  and  conduct  of 
meetings  and  for  the  conduct  of  its  employees  in  the  per- 
formance of  their  duties;  (/)  print  its  rules  and  the  statutes 
relating  to  its  powers  and  duties,  in  convenient  form,  from 
time  to  time,  and  annually  during  the  month  of  January 
mail  or  deliver  one  copy  thereof  to  each  justice  of  the  su- 
perior and  district  courts,  each  sheriff  and  to  the  master, 
keeper  or  principal  officer  of  each  penal  institution  in  the 
commonwealth,  and  two  hundred  copies  thereof  to  the  board 
of  probation ;  (g)  make  an  annual  report  to  the  commissioner. 

Section  6.    Said  board  may  appoint  and  remove  a  director  Director  of 

/.  1  •  1  1  . 1  1  •  parole  service, 

of  parole  service  and  such  other  case  work  supervisors,  supervisors, 
agents  and  employees  as  its  work  may  require.  The  director  ^*"'- 
of  parole  service  shall  supervise  the  work  of  case  work  super- 
visors and  other  agents  as  may  be  employed  by  the  board, 
and  shall  be  responsible  for  development  and  operation  of 
staff  orientation  and  a  continuing  in-service  training  program 
for  agents  employed  by  the  board. 

Section  2.  Chapter  32  of  the  General  Laws  is  hereby  g.l.  (Ter. 
amended  by  striking  out  section  46,  as  amended  by  section  1  etoi!  amended'. 
of  chapter  344  of  the  acts  of  1941,  and  inserting  in  place 
thereof  the  following  section :  —  Section  4.6.  The  commis-  Pensions 
sioner  of  correction  may,  with  the  approval  of  the  governor  emifioye°s. 
and  council,  retire  from  active  service  and  place  upon  a 
pension  roll  any  officer  of  the  Massachusetts  correctional 
institutions  or  any  jail  or  house  of  correction,  or  any  person 
employed  to  instruct  the  prisoners  in  any  Massachusetts 
correctional  institution,  as  provided  in  section  fifty-two  of 
chapter  one  hundred  and  twenty-seven,  or  any  other  em- 
ployee of  the  IVIassachusetts  state  correctional  institutions, 
who  has  attained  the  age  of  sixty-five  and  has  been  employed 
in  prison  service  in  the  commonwealth,  with  a  good  record 
for  not  less  than  twenty  years;  or  who,  without  fault  of  his 
own,  has  become  permanently  disabled  by  injuries  sustained 
in  the  performance  of  his  duty ;  or  who  has  performed  faith- 
ful prison  service  for  not  less  than  thirty  years;  provided, 
that  no  officer  of  any  jail  or  house  of  correction  shall  so  be 
retired  except  upon  the  recommendation  of  the  sheriff  and 
county  commissioners  of  the  county,  except  in  the  county  of 
Suffolk,  where  the  recommendation  as  to  the  officers  of  the 
jail  shall  be  made  by  the  sheriff  and  the  mayor  of  Boston, 


826 


Acts,  1955. —  Chap.  770. 


G.  L.  (Ter. 
Ed.),  32,  §  48, 
etc.,  amended. 


G.  L.  (Ter. 
Ed.),  120,  §  2, 
etc.,  amended. 


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


Transfer  of 
certain  insane 
prisoners 
to  other 
institutions. 


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


G.  L.  (Ter. 
Ed.),  124,  §  1, 
etc.,  amended. 


Additional 
powers  and 
duties  of  the 
commissioner. 


and,  as  to  the  officers  of  the  house  of  correction,  by  the  penal 
institutions  commissioner  and  the  mayor  of  Boston;  and 
provided,  further,  that  no  such  officer,  instructor  or  employee 
shall  be  retired  unless  he  began  employment  as  such  in  one 
of  the  above  named  institutions  or  the  prison  camp  and 
hospital,  or  as  an  officer  or  instructor  in  one  of  the  institu- 
tions named  in  section  forty-seven,  on  or  before  June  seventh, 
nineteen  hundred  and  eleven.  The  word  "officer",  as  used 
in  this  section  and  sections  forty-seven  and  forty-eight,  shall 
extend  to  include  prison  officer,  correction  officer  and  matron. 

Section  3.  Section  48  of  said  chapter  32,  as  amended  by 
chapter  379  of  the  acts  of  1938,  is  hereby  amended  by  strik- 
ing out,  in  lines  12  and  13,  the  words  "the  state  prison,  the 
Massachusetts  reformatory,  state  farm  or  reformatory  for 
women,"  and  inserting  in  place  thereof  the  words:  —  a 
correctional  institution  of  the  commonwealth. 

Section  4.  Section  2  of  chapter  120  of  the  General  Laws, 
as  amended  by  section  5  of  chapter  605  of  the  acts  of  1952, 
is  hereby  further  amended  by  striking  out,  in  line  6,  the 
words  "the  Massachusetts  reformatory"  and  inserting  in 
place  thereof  the  words :  —  correctional  institutions  of  the 
commonwealth. 

Section  5.  The  first  paragraph  of  section  102  of  chapter 
123  of  the  General  Laws  is  hereby  amended  by  striking  out, 
in  lines  3,  4  and  5,  as  appearing  in  chapter  15  of  the  acts 
of  1934,  the  words  "state  prison,  state  prison  colony,  the 
Massachusetts  reformatory  or  the  reformatory  for  women" 
and  inserting  in  place  thereof  the  following  words :  —  cor- 
rectional institutions  of  the  commonwealth,  —  and  by  strik- 
ing out  the  last  sentence  and  insertmg  in  place  thereof  the 
following  sentence:  —  For  the  purposes  of  this  section  and 
section  one  hundred  and  three,  "superior  court"  may,  in 
respect  to  a  prisoner  in  the  correctional  institution  at  Nor- 
folk or  the  correctional  institution  at  Walpole,  include  the 
district  court  of  western  Norfolk,  in  respect  to  a  prisoner  in 
the  correctional  institution  at  Concord,  the  district  court  of 
central  Middlesex,  and  in  respect  to  a  prisoner  in  the  cor- 
rectional institution  at  Framingham,  the  first  district  court 
of  southern  Middlesex. 

Section  6.  Section  117  of  said  chapter  123,  as  amended 
by  section  2  of  chapter  655  of  the  acts  of  1941,  is  hereby  fur- 
ther amended  by  striking  out,  in  line  2,  the  words  "Massa- 
chusetts reformatory,  the  state  farm"  and  inserting  in  place 
thereof  the  words :  —  correctional  institutions  of  the  com- 
monwealth. 

Section  7.  Chapter  124  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  1,  as  most  recently  amended 
by  section  4  of  chapter  344  of  the  acts  of  1941,  and  inserting 
in  place  thereof  the  following  section:  —  Section  1.  In  addi- 
tion to  the  powers  and  duties  given  him  by  chapter  twenty- 
seven  and  other  provisions  of  law,  the  commissioner  of  cor- 
rection, in  this  chapter  called  the  commissioner,  shall  have 
the  following  powers  and  duties:  — 


Acts,  1955.  —  Chap.  770.  827 

(a)  He  shall  have  general  supervision  of  jails  and  houses 
of  correction; 

(h)  He  shall,  with  the  approval  of  the  governor  and  coun- 
cil, make  and  publish,  and  from  time  to  time  may  revise, 
rules  and  regulations  for  directing  the  work  of  the  officers 
and  employees  of  the  department  of  correction,  in  this  chap- 
ter called  the  department,  and  the  correctional  institutions 
of  the  commonwealth,  for  the  government,  discipline  and  in- 
struction of  the  inmates  of  the  said  institutions,  for  the  cus- 
tody and  preservation  of  the  property  of  the  department  and 
the  said  institutions,  for  the  supply  of  food,  clothing  and  bed- 
ding in  the  said  institutions,  for  teaching  reading  and  writing 
to  prisoners  who  are  committed  to  a  jail  or  house  of  correc- 
tion for  six  months  or  more,  and  for  securing  proper  exercise 
for  unemployed  sentenced  prisoners  in  jails  and  houses  of  cor- 
rection; and  jailers,  keepers  of  houses  of  correction,  county 
commissioners  and  the  penal  institutions  commissioner  of 
Boston  shall  make  no  rules  inconsistent  with  the  said  rules; 

(c)  He  shall  cause  to  be  conducted  studies  furthering 
the  department's  knowledge  of  rehabilitation  of  the  criminal 
offender; 

{d)  He  shall  seek  to  develop  civic  interest  in  the  work  of  the 
department  and  the  correctional  institutions  of  the  common- 
wealth, and  shall  make  as  much  use  as  feasible  of  specialized 
community  agencies  qualified  to  further  the  work  of  the  de- 
partment and  the  said  institutions; 

(e)  He  shall  visit  the  institutions  under  his  supervision  at 
least  once  every  sixty  days,  and  shall  investigate  and  keep 
informed  as  to  the  management,  condition  and  discipline  of 
such  institutions  and  the  treatment  of  the  inmates  thereof, 
and  the  books  of  the  said  institutions  shall  be  open  for  his 
examination; 

(/)  He  or  any  representative  designated  by  him  may  at- 
tend any  meeting  of  the  parole  board;  and 

(g)  He  may  expend  annually  in  the  performance  of  his 
duties  and  for  necessary  work  of  the  department  and  the 
correctional  institutions  of  the  commonwealth  such  sums  as 
may  be  appropriated  therefor  by  the  general  court. 

Section  8.    Said  chapter  124  is  hereby  further  amended  by  g.  l.  (Xer. 
striking  out  section  2,  as  appearing  in  the  Tercentenary  Edi-  ^^^^l^^'  ^  ^' 
tion,  and  inserting  in  place  thereof  the  following  section:  — 
Section  2.    Subject  to  the  supervision  and  control  of  the  com-  Duties  of 
missioner,  the  deputy  commissioner  for  institutional  services  ^®:P"1^™'"' 
shall  be  responsible  for  planmng  and  directmg  the  efncient 
administration  of  each  correctional  institution  of  the  com- 
monwealth by  the  officers  and  employees  of  the  institution. 

Subject  to  the  supervision  and  control  of  the  commis- 
sioner, the  deputy  commissioner  for  classification  and  treat- 
ment shall  be  responsible  for  planning  and  directing  the  re- 
habilitation services  of  all  the  correctional  institutions  of  the 
commonwealth,  including  the  classification,  medical,  educa- 
tional, industrial,  vocational  and  recreational  programs  of 
each  such  institution. 


828 


Acts,  1955. —  Chap.  770. 


G.  L.  (Ter. 
Ed.).  124,  §  6, 
amended. 


G.  L.  (Ter. 
Ed.),  124.  §  6, 
etc.,  amended. 


Annual  report 
of  commiaioner 
to  general 
court. 


G.  L.  (Ter. 
Ed.),  126,  etc., 
amended. 


Correctional 
institutions 
of  the  com- 
monwealth. 


Principal  officer 
and  deputy 
appointed  by 
eommisffloner. 


Subject  to  the  supervision  and  control  of  the  commissioner, 
the  deputy  commissioner  for  personnel  and  training  shall 
be  responsible  for  planning  and  directing  departmental  pro- 
cedures for  the  appointment,  assignment,  transfer,  training, 
supervision,  discipline  and  compensation  of  officers  and  em- 
ployees of  the  department  and  the  correctional  institutions 
of  the  commonwealth. 

Each  of  the  said  deputy  commissioners  shall  perform  such 
other  duties  as  may  be  assigned  to  him  from  time  to  time 
by  the  commissioner. 

Section  9.  Section  5  of  said  chapter  124  is  hereby 
amended  by  striking  out,  in  lines  2,  3  and  4,  as  appearing 
in  the  Tercentenary  Edition,  the  words  "state  prison,  Mas- 
sachusetts reformatory,  state  prison  colony,  state  farm  and 
reformatory  for  women"  and  inserting  in  place  thereof  the 
words :  —  correctional  institutions  of  the  commonwealth. 

Section  10.  Section  6  of  said  chapter  124  is  hereby  fur- 
ther amended  by  striking  out,  in  lines  3,  4  and  5,  as  appearing 
in  section  2  of  chapter  23  of  the  acts  of  1936,  the  words  "the 
state  prison,  Massachusetts  reformatory,  state  prison  colony, 
state  farm  and  reformatory  for  women"  and  inserting  in 
place  thereof  the  words:  —  each  correctional  institution  of 
the  commonwealth,  —  and  by  striking  out  the  last  sentence, 
as  amended  by  section  39  of  chapter  451  of  the  acts  of  1939, 
and  inserting  in  place  thereof  the  following  sentence :  — 
The  report  shall  include  the  reports  made  to  him  by  the 
officers  of  the  correctional  institutions  of  the  commonwealth, 
of  the  other  penal  institutions,  and  of  the  parole  board. 

Section  11.  The  General  Laws  are  hereby  amended  by 
striking  out  chapter  125  and  inserting  in  place  thereof  the 
following  chapter :  — 

Chapter  125. 

Correctional  Institutions  of  the  Commonwealth. 

Section  1.  In  this  chapter  and  elsewhere  in  the  General 
Laws  the  following  words  shall  have  the  following  meanings: 
"Massachusetts  Correctional  Institution,  Boston",  the  state 
prison;  "Massachusetts  Correctional  Institution,  Walpole", 
the  state  prison;  "Massachusetts  Correctional  Institution, 
Norfolk",  the  state  prison  colony;  "Massachusetts  Correc- 
tional Institution,  Concord",  the  Massachusetts  reformatory; 
"Massachusetts  Correctional  Institution,  Framingham",  the 
reformatory  for  women;  "Massachusetts  Correctional  Insti- 
tution, Bridgewater",  the  state  farm;  "Massachusetts  Cor- 
rectional Institution,  Plymouth",  the  state  prison  camp  at 
Plymouth;  "Massachusetts  Correctional  Institution,  Mon- 
roe", the  state  prison  camp  at  Monroe.  The  above-named 
institutions  shall  constitute  the  correctional  institutions  of 
the  commonwealth. 

In  this  chapter  the  word  "commissioner"  shall  mean  the 
commissioner  of  correction. 

Section  2.  The  principal  officer  and  the  deputy  of  each  cor- 
rectional institution  of  the  commonwealth  shall  be  appointed 


Acts,  1955.  — Chap.  770.  829 

by  the  commissioner,  shall  hold  office  during  his  pleasure, 
and  shall  not  be  subject  to  the  provisions  of  chapter  thirty. 

Each  principal  officer  shall,  before  entering  on  the  per- 
formance of  his  official  duties,  give  bond  to  the  common- 
wealth, in  such  sum  as  the  comptroller  may  prescribe,  with 
sureties  approved  by  the  commissioner,  conditioned  faith- 
fully to  perform  the  duties  of  his  office.  The  approval  of  the 
sureties  shall  be  endorsed  on  the  bond,  and  it  shall  be  filed 
with  the  state  treasurer. 

Section  3.    All  other  officers  and  all  employees  in  the  said  other  officers 
institutions  shall  be  appointed  by  the  commissioner,  and,  '^^  empoyees. 
except  as  otherwise  provided  in  chapter  thirty  and  thirty- 
one,  shall  hold  office  during  his  pleasure. 

Section  4-    In  certifying  the  names  of  persons  eligible  for  persons 
appointment  to  offices  or  positions  in  the  said  institutions  appo^ilTtment 
having  responsibihty  of  the  custody  of  prisoners,  the  director 
of  civil  service  shall  certify  the  names  of  persons  over  the 
age  of  twenty-two  and  under  the  age  of  forty. 

Section  5.  If  the  office  of  the  principal  officer  of  any  of  vacancies 
the  said  institutions  is  vacant,  or  if  the  said  officer  is  absent  principal* 
from  the  institution  or  is  unable  to  perform  his  duties,  an  officer, 
acting  principal  officer  designated  by  the  commissioner  shall 
have  the  powers  to  perform  the  duties  and  be  subject  to  the 
liability  of  the  said  office ;  and  the  commissioner  may  require 
such  acting  principal  officer,  before  entering  on  the  per- 
formance of  his  official  duties,  to  give  a  bond  to  the  common- 
wealth in  such  sum  as  the  comptroller  may  prescribe,  with 
sureties  approved  by  the  commissioner,  conditioned  on  the 
faithful  performance  of  such  duties,  and  faithfully  to  account 
for  all  money  received  by  him,  as  such  acting  principal  offi- 
cer. After  the  approval  of  such  bond,  the  acting  principal 
officer  shall,  as  long  as  he  performs  the  duties  of  the  office,  re- 
ceive the  salary  of  the  principal  officer  in  heu  of  his  salary 
prior  to  his  designation  as  acting  principal  officer. 

Section  6.  The  commissioner  shall  appoint  a  treasurer  of  J''^^?^g5  ^ 
each  correctional  institution  of  the  commonwealth,  who  shall  commissioner, 
give  bond  with  surety  for  the  faithful  performance  of  his 
duties.  In  each  such  institution  the  said  treasurer  shall  re- 
ceive and  disburse  all  moneys  paid  by  the  commonwealth 
for  the  support  of  the  institutions,  and  shall  cause  to  be 
kept  such  books  of  account  of  the  property,  expenses,  in- 
come and  business  thereof  as  may  be  approved  by  the  comp- 
troller. 

Section  7.     The  principal  officer  of  each  such  institution  Alterations 
shall  from  time  to  time  suggest  to  the  commissioner  in  writ-  "*  '■"'*^- 
ing  such  alterations  in  the  commissioner's  rules  as  he  con- 
siders advisable  for  the  direction  of  the  officers  and  emplo3^ees 
of  the  institution  and  its  government. 

Section  8.     Officers   and   emploj^ees   in   each  such   insti-  Uniforms 
tution  required  to  wear  uniforms  while  on  duty  shall  be  cm^n^ 
furnished  at  the  expense  of  the  commonwealth  with  such  employees. 
uniforms  of  standard  pattern  as  shall  be  prescribed  by  the 
commissioner. 


830 


Acts,  1955. —  Chap.  770. 


Training  school 
for  officers  to 
be  established. 


Oath  of  office. 


Institutions 
maintained  for 
confinement 
of  prisoners. 


Section  9.  The  commissioner  shall  establish  a  training 
school  for  officers  of  the  department  of  correction.  In  ac- 
cordance with  section  four  the  division  of  civil  service  shall 
certify  the  names  of  apphcants  from  an  established  list  for 
correction  officers  to  the  commissioner,  who  shall  appoint 
said  applicants  as  provisional  correction  officers.  Those  em- 
ployees shall  be  assigned  to  a  period  of  training  not  to  exceed 
eight  weeks,  to  include  the  use  of  firearms,  judo  training 
and  a  course  of  lectures  relating  to  the  problems  of  crime, 
and  criminal  detention,  rules  and  regulations  of  the  said  de- 
partment, together  with  its  procedures,  policies  and  prac- 
tices. After  completing  a  training  period  the  employee  shall 
be  assigned  to  a  correctional  institution  of  the  common- 
wealth. The  training  period  shall  be  considered  a  part  of 
the  probationary  period  which  he  must  serve  before  becom- 
ing a  permanent  emploj'^ee  of  the  department. 

Additional  courses  of  training  shall  be  instituted  for  exist- 
ing permanent  correction  officers,  employees  of  said  depart- 
ment who  have  not  reached  their  fiftieth  birthday. 

The  commissioner  is  authorized  to  expend  money  to  main- 
tain an  employee  during  the  period  of  in-service  training. 

The  deputy  commissioner  in  charge  of  personnel  and  train- 
ing shall  organize,  establish  and  maintain  the  training 
school;  and  may  be  assisted  by  other  employees  appointed 
by  the  commissioner  as  instructors. 

Any  employee  as  an  instructor,  or  others  assigned  for  a 
period  of  training,  shall  be  responsible  to  and  under  the  con- 
trol of  the  said  deputy  commissioner  during  the  period  so 
assigned. 

The  commissioner  may  expend  such  sums  as  may  be  appro- 
priated to  maintain  and  operate  said  training  school. 

Section  10.  All  officers  of  such  institutions,  before  enter- 
ing upon  the  performance  of  their  official  duties,  shall  take 
and  subscribe  the  following  oaths:  —  "I,  A.  B.,  do  solemnly 
swear  that  I  will  bear  true  faith  and  allegiance  to  the  com- 
monwealth of  Massachusetts,  and  will  support  the  consti- 
tution thereof.  So  help  me,  God."  "I,  A.  B.,  do  solemnly 
swear  that  I  will  obey  the  lawful  orders  of  all  my  superior 
officers.  So  help  me,  God."  "I,  A.  B.,  do  solemnly  swear 
and  affirm  that  I  will  faithfully  and  impartially  discharge 
and  perform  all  duties  incumbent  on  me  in  the  office  to  which 
I  have  been  appointed  according  to  the  best  of  my  abilities 
and  understanding,  agreeably  to  the  requirements  of  the 
constitution,  the  laws  of  the  commonwealth,  and  the  rules 
provided  in  accordance  with  law  for  the  government  of  the 
correctional  institutions  of  the  commonwealth.  So  help 
me,  God."  The  oath  may  be  administered  by  any  officer 
authorized  by  law  to  administer  oaths,  and  a  record  thereof 
shall  be  in  the  possession  of  the  principal  officer  of  the  appro- 
priate institution. 

Section  11.  The  department  of  correction  shall  maintain, 
for  the  security  and  confinement  of  prisoners  of  the  common- 
wealth, the  correctional  institutions  of  the  commonwealth. 


Acts,  1955.  —  Chap.  770.  831 

A  person  convicted  and  sentenced  in  a  court  of  the  United 
States  need  not  be  received  in  any  such  institution  unless  the 
United  States  agrees  with  the  commissioner  to  pay  all  ex- 
penses incurred  by  the  commonwealth  in  maintaining  him 
therein. 

Section  12.     All  persons  sentenced  to  any  of  the  correc-  Sentenced 
tional  institutions  of  the  commonwealth  shall  be  held  in  p''''^°"^- 
accordance  with  the  sentences  or  orders  of  the  courts  and 
the  rules  and  regulations  of  the  commissioner. 

Section  13.  The  officers  of  each  correctional  institution  officers  of  the 
shall  be  a  principal  officer,  a  deputy,  chaplains  and  such  •°«*»*"'»°'^^- 
other  officers  as  the  commissioner  may  find  necessary;  pro- 
vided, that  there  shall  be  employed  therein  such  additional 
officers  as  the  commissioner  shall  consider  necessary  to  com- 
ply with  section  thirty-nine  of  chapter  one  hundred  and 
forty-nine. 

Section  14-  Subject  to  rules  and  regulations  established  fOTTusTody**^ 
by  the  commissioner  and  according  to  law,  the  principal  ^nd  control 
officer  shall  be  responsible  for  the  custody  and  control  of  all 
prisoners  in  the  correctional  institution,  and  shall  govern  and 
employ  them  pursuant  to  their  respective  sentences  until 
their  sentences  have  been  performed  or  they  are  otherwise 
discharged  by  due  course  of  law,  or  they  are  removed  by  the 
commissioner,  and  shall  also  have  the  charge  and  custody 
of  the  institution  and  of  the  land,  buildings,  furniture,  tools, 
implements,  stock,  provisions,  and  all  other  property  belong- 
ing to  it  or  within  its  precincts. 

Section  15.     The  principal  officer,  and  his  deputy,  shall  prlncip"f officer 
reside  constantly  within  the  precincts  of  the  correctional  in-  and  deputy, 
stitution,  unless  otherwise  authorized  by  the  commissioner. 

Section  16.    The  Massachusetts  Correctional  Institution,  Female 
Framingham,  shall  be  the  institution  of  the  commonwealth  fmp?rsoned°at^ 
where  all  females  convicted  of  crimes  in  the  courts  of  the  Framingham. 
commonwealth,  and  duly  sentenced  or  removed  thereto,  shall 
be  imprisoned  and  detained.     A  department  for  defective 
delinquents  shall  be  maintained  for  the  custody  of  persons 
committed  thereto  under  sections  one  hundred  and  thirteen, 
one  hundred  and  fifteen,  and  one  hundred  and  seventeen  to 
one  hundred   and   twenty-four,   inclusive,   of  chapter  one 
hundred  and  twenty-three. 

Section  17.    The  commissioner  may,  in  behalf  of  the  com-  Land  for 
monwealth  hold  not  more  than  one  acre  of  land  within  the  tau»  prisoners, 
town  of  Sherborn  which  may  be  used  for  the  burial  of  pris- 
oners who  die  in  the  Massachusetts  Correctional  Institution, 
Framingham. 

Section  18.  The  Bridgewater  state  hospital  shall  be  part  ,^irl'|,\''orat 
of  the  Massachusetts  Correctional  Institution,  Bridgewater.  Bridgewater. 
The  commissioner,  with  the  approval  of  the  commissioner  of 
mental  health,  shall  appoint  a  physician  as  medical  director 
of  the  Bridgewater  state  hospital.  The  medical  director 
shall  have  the  care  of  the  inmates  thereof  and  govern  them 
in  accordance  with  rules  and  regulations  approved  by  the 
commissioner. 


832 


Acts,  1955. —  Chap.  770. 


Clinic  for 
treatment 
of  certain 
alcoholics  at 
Bridgewater. 


Commissioner 
to  make 
certain  con- 
tracts for  the 
institutions. 


Bills  for 
supplies. 


G.  L.  (Ter. 
Ed.),  126,  §  24, 
amended. 


Temporary 
control  of 
jail,  etc. 


G.  L.  (Ter. 
Ed.),  127,  §  2, 
etc.,  amended. 


Records  of 
prisoners 
to  be  kept. 


G.  L.  (Ter. 
Ed.),  127,  §  4, 
amended. 


Section  19.  The  department  of  correction  shall  maintain 
at  the  Massachusetts  Correctional  Institution,  Bridgewater, 
in  accordance  with  standards  fixed  by  the  department  of 
public  health,  a  clinic  for  the  examination,  diagnosis  and 
treatment  of  chronic  alcoholics,  sentenced  to  any  of  the  cor- 
rectional institutions  for  drunkenness.  The  professional 
personnel  of  said  chnic  shall  be  appointed  by  the  commis- 
sioner with  the  advice  and  approval  of  the  pubhc  health  coun- 
cil of  the  department  of  public  health.  Any  person  who  has 
received  an  examination  or  treatment  at  such  chnic  shall, 
upon  his  release  from  said  institution,  be  referred  for  fur- 
ther treatment  to  an  alcoholic  chnic  estabhshed  by  the  de- 
partment of  pubhc  health. 

Section  20.  All  contracts  on  account  of  any  correctional 
institution  of  the  commonwealth,  except  those  required  to  be 
made  by  the  state  purchasing  agent,  shall  be  made  by  the 
commissioner  in  writing.  The  commissioner  and  his  suc- 
cessors in  office  may  sue  or  be  sued  upon  any  contract  made 
in  accordance  with  this  chapter.  No  such  suit  shall  abate 
by  reason  of  said  office  becoming  vacant,  but  the  successor 
of  the  commissioner,  pending  such  suit,  may,  and,  upon  mo- 
tion of  the  adverse  party  and  notice,  shall,  prosecute  or  de- 
fend it.  The  commissioner  may  submit  any  controversy 
relative  to  any  such  contract,  or  any  action  pending  on  any 
such  contract,  to  the  final  determination  of  arbitrators  or 
referees  appointed  by  the  commissioner  and  the  adverse 
party  and  approved  by  the  commissioner  of  administration. 

Section  21.  At  the  time  supphes  for  any  of  the  said  in- 
stitutions are  dehvered,  bills  of  the  quantity  and  price  of 
such  supplies  shall  be  taken  and  compared  at  the  institution. 
Bills  for  all  services  rendered  shall  be  taken  and  checked  in 
like  manner.  Bills  found  to  be  correct  shall  be  entered  in 
the  accounts  of  the  institution,  and  appropriate  notice  of 
bills  found  to  be  incorrect  shall  be  given  so  that  any  errors 
may  be  corrected. 

Section  12.  Section  24  of  chapter  126  of  the  General 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby 
amended  by  striking  out  the  last  sentence  and  inserting  in 
place  thereof  the  following  sentence:  —  The  jailer,  master 
or  keeper  appointed  by  the  governor  shall  give  bond,  with 
sureties  as  the  governor  directs  and  approves,  for  the  faith- 
ful performance  of  the  duties  of  his  office. 

Section  13.  Chapter  127  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  2,  as  amended  by  section  10 
of  chapter  344  of  the  acts  of  1941,  and  inserting  in  place 
thereof  the  following  section :  —  Section  2.  The  principal 
officers  of  correctional  institutions  of  the  commonwealth  and 
the  masters  and  keepers  of  jails,  houses  of  correction  and  of 
all  other  penal  or  reformatory  institutions  shall  keep  full 
and  accurate  records  of  all  prisoners  committed  thereto, 
maintained  therein  or  discharged  therefrom. 

Section  14.  Section  4  of  said  chapter  127,  as  appearing 
in  the  Tercentenary  Edition,  is  hereby  amended  by  striking 


Acts,  1955.  — Chap.  770.  833 

out,  in  line  2  and  in  line  3,  the  words  "solitary  imprison- 
ment" and  inserting  in  place  thereof,  in  each  instance,  the 
word :  —  isolation. 

Section  15.    Section  6  of  said  chapter  127,  as  so  appear-  g.  l.  (Ter. 
ing,  is  hereby  amended  by  striking  out,  in  lines  2  and  3,  amended!     ' 
the  words  "warden,  superintendent"  and  inserting  in  place 
thereof  the  words:  —  principal  officer. 

Section  16.    Said  chapter  127  is  hereby  further  amended  Ed^'iJ?'' 
by  striking  out  section  10,  as  most  recently  amended  by  §i6,'etc.,' 
section  15  of  chapter  656  of  the  acts  of  1941,  and  inserting  in  ''''^'^°'  ^  ' 
place  thereof  the  following  section:  —  Section  10.    Annually,  Annual  report 
on  or  before  August  fifteenth,  the  sheriffs,  county  commis-  miMionTr?" 
sioners  and  the  penal  institutions  commissioner  of  Boston, 
shall  make  a  report  to  the  commissioner  of  the  salaries  of 
prison  officers,  of  the  number  and  cost  of  support  of  pris- 
oners, and  of  such  other  details  relative  to  the  management 
and  discipline  of  the  several  prisons  as  the  commissioner 
may  prescribe. 

Section  17.    Said  chapter  127  is  hereby  further  amended  Ed^'iJ?'' 
by  striking  out  section  12,  as  amended  by  section  12  of  §12,' etc,' 
chapter  344  of  the  acts  of  1941,  and  inserting  in  place  thereof  ''™^°^^^- 
the  follo^^'ing  section:  —  Section  12.     Any   officer   or  ena- ^°au Timove^' 
ployee  in  any  correctional  institution  of  the  commonwealth  certain  em- 
who  is  unfaithful  or  incompetent,  or  uses  intoxicating  liquor  P'°y^^^- 
to  excess,  shall  be  forthwith  removed  by  the  commissioner. 

Section  18.     Section   16  of  said   chapter  127,   as  naost  Edo,' m,'' 
recently  amended  by  section  8  of  chapter  129  of  the  acts  of  §  ^^''f°^' 
1948,  is  hereby  further  amended  by  striking  out  the  first  ^™^° 
sentence  and  inserting  in  place  thereof  the  following  sen- 
tence :  —  The  principal  officers  of  the  correctional  institu-  Physical  ex- 
tions  of  the  commonwealth,  and  the  keepers  and  masters  of  certafnTn-^  ° 
jails  and  houses  of  correction  shall  cause  a  thorough  physical  ^^t^^- 
examination  to  be  made  by  a  competent  physician  of  each 
inmate  in  their  respective  institutions  committed  for  a  term 
of  thirty  days'  imprisonment  or  more. 

Section  19.    Section  17  of  said  chapter  127,  as  amended  Ed.),'i27T' 
by  section  2  of  chapter  77  of  the  acts  of  1933,  is  hereby  Imlided.' 
further  amended  by  striking  out  the  last  sentence  and  in- 
serting in  place  thereof  the  following  sentence:  —  He  shall 
cause  records  to  be  made  of  such  examinations  and  investi- 
gations. ^  ^ 

Section  20.    Said  chapter  127  is  hereby  further  amended  Ed),  127. '§20, 
by  striking  out  section  20,  as  appearing  in  the  Tercentenary  amended. 
Edition,  and  inserting  in  place  thereof  the  following  section : 
—  Section  20.    There  shall  be  established  at  one  of  the  cor-  ^nferlo? 
rectional  institutions  of  the  commonwealth  by  the  commis-  male  prisoners 
sioner,  with  the  approval  of  the  governor  and  council,  a  t^Jn^pu^pMe's 
reception  center  for  all  male  prisoners,  except  those  sentenced  i^h^ed^^**^ 
to  the  ]\'Iassachusetts  Correctional  Institution,  Bridgewater. 
Any  male  con\'ict  who  is  sentenced  to  any  correctional  insti- 
tution of  the  commonwealth,  except  the  Massachusetts  Cor- 
rectional Institution,  Bridgewater,  shall  be  delivered  by  the 
sheriff  or  other  officer  authorized  to  execute  sentence  to  said 


834 


Acts,  1955.  — Chap.  770. 


G.  L.  (Ter. 
Ed.),  127,  §  21, 
amended. 

Sheriffs,  etc., 
may  classify 
prisoners. 


G.  L.  (Ter. 
Ed.),  127.  §  27, 
amended. 


G.  L.  (Ter. 
Ed.).  127,  §  28, 
amended. 

Records  of 
description 
and  finger- 
prints to  be 
kept. 


G.  L.  (Ter. 
Ed.).  127,  §  32, 
amended. 

Treatment  of 
prisoners. 


G.  L.  (Ter. 
Ed.),  127,  §  33 
amended. 


center  for  the  purpose  of  proper  classification  of  the  prisoner. 
Classification  of  female  prisoners  shall  be  made  at  the  Massa- 
chusetts Correctional  Institution,  Framingham,  under  the 
supervision  of  the  deputy  commissioner  for  classification  and 
treatment. 

The  deputy  commissioner  for  classification  and  treatment, 
under  the  general  supervision  of  the  commissioner,  shall  di- 
rect the  professional  staff  assigned  to  said  reception  center, 
and  shall  be  responsible  for  grading  and  classifying  all  pris- 
oners sentenced  to  any  of  the  correctional  institutions  of  the 
commonwealth,  and  shall  in  addition  have  general  charge  of 
the  reception  center. 

Section  21.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  21,  as  so  appearing,  and  inserting  in 
place  thereof  the  following  section :  —  Section  21 .  The  sher- 
iffs and  the  penal  institutions  commissioner  of  Boston  may 
so  classifj''  prisoners  sentenced  and  committed  to  jails  and 
houses  of  correction,  with  reference  to  their  sex,  age,  char- 
acter, condition  and  offences,  as  to  promote  their  reforma- 
tion and  safe  custody  and  the  economy  of  their  support,  and 
to  secure  the  separation  of  male  and  female  prisoners,  sub- 
ject to  the  approval  of  the  deputy  commissioner  for  classifi- 
cation and  treatment.  The  master  or  keeper  of  a  jail  or 
house  of  correction  shall  ascertain  whether  a  prisoner  com- 
mitted thereto  upon  a  sentence  of  six  months  or  more  can 
read  or  write. 

Section  22.  Section  27  of  said  chapter  127,  as  so  appear- 
ing, is  hereby  amended  by  striking  out,  in  lines  2  and  3,  the 
words  "officer  in  charge  of  the  prison  to  which  he  is  sen- 
tenced" and  inserting  in  place  thereof  the  words:  —  depart- 
ment of  correction. 

Section  23.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  28,  as  so  appearing,  and  inserting  in 
place  thereof  the  following  section :  —  Section  28.  The  prin- 
cipal officers  of  the  correctional  institutions  of  the  common- 
wealth and  the  keepers  of  jails  and  houses  of  correction  shall 
keep  a  record  of  the  descriptions  and  fingerprints  taken  under 
section  twenty-three  and  of  the  criminal  history  of  prisoners 
so  described  and  fingerprinted,  as  shown  by  the  records  of 
the  courts  of  the  commonwealth,  or  of  any  other  state,  or 
by  any  other  official  records  which  are  accessible,  and  shall 
attach  to  the  record  a  photograph  of  such  prisoner  or  file 
such  photograph  in  such  manner  as  to  be  readily  found. 

Section  24.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  32,  as  so  appearing,  and  inserting  in 
place  thereof  the  following  section :  —  Section  32.  The  prin- 
cipal officers  of  the  institutions  under  the  supervision  of  the 
department  of  correction  shall  treat  the  prisoners  with  the 
kindness  which  their  obedience,  industry  and  good  conduct 
merit. 

Section  25.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  33,  as  so  appearing,  and  inserting  in 
place  thereof  the  following  section :  —  Section  S3.    The  prin- 


Acts,,  1955.  —  Chap.  770.  835 

cipal  officers  of  all  institutions  under  the  jurisdiction  of  the  officera  to 
department  of  correction  and  the  masters  and  keepers  of  ^de"*'^etc. 
jails  and  houses  of  correction  shall  cause  all  necessary  means 
to  be  used  to  maintain  order  in  the  institutions  under  their 
supervision,  enforce  obedience,  suppress  insurrection  and  pre- 
vent escapes,  and  for  that  purpose  they  may  at  all  times 
require  the  aid  and  utmost  exertions  of  all  the  officers  of  the 
institution  except  the  chaplain  and  the  physician. 

Section  26.    Section  36  of  said  chapter  127,  as  amended  S-.^jB'"' 
by  section  1  of  chapter  237  of  the  acts  of  1941,  is  hereby  §36,' etc' 
further  amended  by  striking  out  the  first  sentence  and  in-  amended, 
serting  in  place  thereof  the  following  sentence:  —  No  person  visitors  to 
except  the  governor,  a  member  of  the  governor's  council,  a  '"stitutions. 
member  of  the  general  court,  a  justice  of  the  supreme  ju- 
dicial, superior  or  district  court,   the  attorney  general,  a 
district  attorney,  the  commissioner,  a  deputy  commissioner 
of  correction,  a  member  of  the  parole  board,  or  a  parole 
or  probation  officer  may  visit  any  of  the  correctional  institu- 
tions of  the  commonwealth  without  the  permission  of  the 
commissioner  or  of  the  principal  officer  of  such  institution. 

Section  27.    Said  chapter  127  is  hereby  further  amended  ec/)"i27'^' 
by  inserting  after  section  36  the  following  section :  —  Section  new  '§  seA, 
36 A.    The  principal  officer  shall  not  abridge  the  right  of  an  '■''''^^'^■ 
inmate  of  any  correctional  or  penal  institution  in  the  com-  rigw^to^ 
monwealth  to  confer  with  any  attorney  at  law  engaged  or  Jitroraey^**" 
designated  by  him,  and  such  attorney  may  visit  such  inmate 
at  such  times  as  may  be  established  under  rules  promulgated 
by  the  commissioner. 

Section  28.    Said  chapter  127  is  hereby  further  amended  ^j^-  [J:^^- 
by  striking  out  section  37,  as  amended  by  section  2  of  said  §37,'et*c..' 
chapter  237  of  the  acts  of  1941,  and  inserting  in  place  thereof  ^°^^''''^^- 
the  following  section:  —  Section  37.     The  principal   officer  Records  of 
of  each  correctional  institution  shall  cause  a  record  to  be  brkept*° 
kept  of  the  names  and  residences  of  all  visitors,  which  record 
shall  always  be  open  to  the  commissioner,  and  may  refuse 
admission  to  a  person  having  a  permit  if  in  his  opinion  such 
admission  would  be  injurious  to  the  best  interests  of  the 
institution,  but  such  principal  officer  shall  forthwith  report 
such  refusal  to  the  commissioner. 

Section  29.    Said  chapter  127  is  hereby  further  amended  Edo,'  iJ?,*^' 
by  striking  out  section  39,  as  amended  by  chapter  357  of  §  ^9- ^t^.' 
the  acts  of  1955,  and  inserting  in  place  thereof  the  follow-  ' 
ing  section:  — ^Sec^zon  39.     At  the  request  of  the  principal  fn^X*'""  °^ 
officer  of  any  correctional  institution  of  the  commonwealth, 
the  commissioner  may  authorize  the  transfer,  for  such  period 
as  he  may  determine,  to  a  segregated  unit  within  any  cor- 
rectional institution  of  the  commonwealth,  of  any  inmate 
whose  continued  retention  in  the  general  institution  popu- 
lation is  detrimental  to  the  program  of  the  institution. 

Such  segregated  unit  shall  provide  regular  meals,  fully  fur- 
nished cells,  limited  recreational  facilities,  rights  of  visitation 
and  communication  by  those  properly  authorized,  and  such 
other  privileges  as  may  be  established  by  the  commissioner. 


836  Acts,  1955.  — Chap.  770. 

Under  the  supervision  of  the  department  of  mental  health,  all 

inmates  confined  to  a  segregated  unit  shall  be  given  periodic 

medical  and  psychiatric  examinations,  and  shall  receive  such 

medical  and  psychiatric  treatment  as  may  be  indicated. 

EdV'  i'^7"'§  40       Section  30.    Said  chapter  127  is  hereby  further  amended 

amended.'       '  by  Striking  out  section  40,  as  appearing  in  the  Tercentenary 

Edition,  and  inserting  in  place  thereof  the  following  section: 

fnmatiT  °^       —  Sectiou  40.    For  the  enforcement  of  discipline,  an  inmate 

in  any  correctional  institution  of  the  commonwealth  may, 

at  the  discretion  of  its  principal  officer,  be  confined,  for  a 

period  not  to  exceed  fifteen  days  for  any  one  offence,  to  an 

isolation  unit. 

Such  isolation  units  must  provide  light,  ventilation  and 
adequate  sanitary  facilities,  may  contain  a  minimum  of  fur- 
niture, and  shall  provide  at  least  one  full  meal  daily. 
g^L.  (Tcr  ^^       Section  31.    Said  chapter  127  is  hereby  further  amended 
amended.'       '  by  striking  out  section  41,  as  so  appearing,  and  inserting  in 
place   thereof    the   following   section:  —  Section  41.      The 
master  or  keeper  of  a  jail  or  house  of  correction  may  set 
aside  in  such  jail  or  house  of  correction  one  or  more  cells  to 
be  used  as  isolation  units,  and  for  the  enforcement  of  disci- 
pline may  confine  any  inmate  thereto;  but  no  prisoner  shall 
unft^*'°°  be  confined  to  such  isolation  unit  for  more  than  three  days 

without  informing  the  sheriff  or  the  county  commissioners 
thereof  and  of  the  reasons  therefor;  and  in  no  case  for  more 
than  ten  days  for  any  one  offence. 

Such  isolation  units  shall  provide  light,  ventilation  and 
adequate  sanitary  facilities,  may  contain  a  minimum  of  fur- 
niture, and  shall  provide  at  least  one  full  meal  daily. 
Ed^'  m^\  48       Section  32.    Said  chapter  127  is  hereby  further  amended 
amended.'       '  by  Striking  out  scctiou  48,  as  so  appearing,  and  inserting  in 
Prisoners  place  thereof  the  following  section:  —  Section  48.    Prisoners 

^ployed.         ill  the  correctional  institutions  of  the  commonwealth  shall 
be  constantly  employed  for  the  benefit  of  the  commonwealth, 
but  no  prisoner  shall  be  employed  in  engraving. 
EdV  127'"  Section  33.    Said  chapter  127  is  hereby  further  amended 

§  48A,  etc.,       by  striking  out  section  48A,  as  amended  by  section  1  of  chap- 
amended.  ^gj.  ^Q^  q£  ^^iQ  acts  of  1946,  and  inserting  in  place  thereof 

on^maTes*'^"  the  following  section:  —  Section  48 A.  Subject  to  appropri- 
who  do  good  ation  from  the  General  Fund,  the  commissioner  shall  estab- 
lish a  system  of  compensation  for  inmates  of  the  correctional 
institutions  of  the  commonwealth  who  perform  good  and 
satisfactory  work  either  within  the  industrial  program  or  in 
the  servicing  and  maintenance  of  the  correctional  institutions 
or  in  the  prison  camps.  Upon  the  recommendation  of  any 
principal  officer,  the  commissioner  may  establish  a  graduated 
scale  of  compensation  to  be  paid  inmates  in  accordance  ^"ith 
their  skill  and  industry,  and  the  commissioner  shall  estab- 
lish, and  may  at  any  time  amend  or  annul,  rules  and  regula- 
tions for  carrying  out  the  purposes  of  tliis  section.  No  money 
shall  be  paid  directly  to  any  inmate  during  the  term  of  his 
imprisonment. 

The  principal  ofl&cer  of  any  correctional  institution  may 


work. 


Acts,  1955.  —  Chap.  770.  837 

expend  one  half  of  the  money  so  earned  by  any  inmate  on 
behalf  of  the  inmate  for  articles  for  the  use  of  the  inmate. 
The  remainder  of  the  moneys  so  earned,  after  deducting 
amounts  expended  on  behalf  of  the  inmate  as  aforesaid,  shall 
be  accumulated  to  the  credit  of  the  inmate  and  shall  be  de- 
posited by  the  principal  officer  as  trustee  in  a  bank  approved 
by  the  state  treasurer  and  paid  to  the  inmate  upon  his  re- 
lease from  such  institution  in  such  instalments  and  at  such 
times  as  may  be  described  in  such  rules  and  regulations. 

Subject  to  appropriation  from  the  General  Fund,  the  com- 
missioner may  expend  such  amounts  as  are  appropriated  to 
rearrange  or  enlarge  the  shops  and  to  provide  storage  room 
needed  for  the  manufacturing  of  prison  goods  in  an  estab- 
lished industry.  The  commissioner  may  employ  such  addi- 
tional employees  as  shall  be  approved  by  the  governor  and 
council  to  make  arrangements  with  the  offices,  departments 
and  institutions  named  in  sections  fifty-three  and  fifty-seven. 

Section  34.    Said  chapter  127  is  hereby  further  amended  EdVi27'§49 
by  striking  out  section  49,  as  appearing  in  the  Tercentenary  amended.' 
Edition,  and  inserting  in  place  thereof  the  following  section: 

—  Section  49.     Prisoners  in  the  correctional  institutions  of  work'Jfn Vub- 
the  commonwealth  or  in  any  jail  or  house  of  correction  may  lie  premises. 
be  employed,  in  the  custody  of  an  officer,  on  any  part  of  the 
premises  of  the  institution  or  in  the  care  of  public  lands  and 
buildings,  and  any  prisoner  who  escapes  from  such  premises, 

land  or  building  shall  be  deemed  to  have  escaped  from  the 
institution  of  which  he  is  an  inmate.  No  prisoner,  except 
as  provided  in  sections  eighty-three,  eighty -four,  eighty-five 
and  eighty-six,  shall  be  employed  outside  the  precincts  of 
the  place  of  his  imprisonment  doing  work  of  any  kind  for 
private  persons. 

Section  35.    Said  chapter  127  is  hereby  further  amended  %^^[  iJf^' 
by  striking  out  section  51,  as  amended  by  section  16  of  chap-  |^g^|*^' 
ter  344  of  the  acts  of  1941,  and  inserting  in  place  thereof  the 
foUomng  section:  —  Section  51.    The  commissioner,  and  the  F°™r'uf''i^®'' 
principal  officers  of  the  correctional  institutions  of  the  com-  prison  in- 
mon wealth,  keepers  or  masters  of  jails  and  houses  of  correc-  ''"^*"^^- 
tion,  shall  determine  the  industries  to  be  established  and 
maintained  in  the  respective  institutions  under  the  super- 
vision of  said  officers.    The  prisoners  in  said  institutions  shall 
be  employed  in  said  industries  under  regulations  which  shall 
be  estabhshed  by  the  commissioner;  but  no  contract  shall  be 
made  for  the  labor  of  prisoners. 

Section  36.    Said  chapter  127  is  hereby  further  amended  %^]  {J"j  52, 
by  striking  out  section  52,  as  appearing  in  the  Tercentenary  amended.' 
Edition,  and  inserting  in  place  thereof  the  following  section: 

—  Section  52.  Supervisors  and  instructors  to  instruct  the  fo^^p'^^ohir^'^ 
prisoners  in  industries  determined  upon  in  accordance  with  instructors  in 
section  fifty-one  of  chapter  one  hundred  and  twenty-seven  dusT^es"' 

in  the  correctional  institutions  of  the  commonwealth  shall  be 
appointed  by  the  commissioner,  and  in  jails  and  houses  of 
correction  by  the  masters  and  keepers  thereof,  with  the 
approval  of  the  commissioner.     Such  supervisors  and  in- 


838 


Acts,  1955.  — Chap.  770. 


G.  L.  (Ter. 
Ed.),  127,  §  54, 
amended. 


G.  L.  (Ter. 
Ed.),  127,  §01, 
amended. 
Prisoners  to 
learn  trades. 


G.  L.  (Ter. 
Ed.),  127,  §  66, 
amended. 

State  pur- 
chasing agent 
may  buy  tools 
and  materials 
for  prison 
industries. 


G.  L.  (Ter. 
Ed.),  127, 
new  §  66A, 
added. 
Tools  and 
materials  for 
jails  may  be 
bought  by 
keeper,  etc. 


G.  L.  (Ter. 
Ed.).  127,  §  67, 
amended. 


G.  L.  (Ter. 
Ed.),  127,  §  68, 
amended. 


structors  shall  have  the  same  authority  relative  to  the  pris- 
oners as  the  subordinate  officers  of  the  institution  where  they 
are  employed.  In  the  correctional  institutions  of  the  com- 
monwealth they  may  be  removed  by  the  commissioner,  and 
in  jails  and  houses  of  correction  by  the  master  or  keeper 
thereof. 

Section  37.  Section  54  of  said  chapter  127,  as  so  appear- 
ing, is  hereby  amended  by  striking  out,  in  hues  15,  16  and 
17,  the  words  '',  and  any  other  expense  of  the  meetings  shall 
be  paid  from  the  Prison  Industries  Funds  upon  the  approval 
of  the  commissioner". 

Section  38.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  61,  as  so  appearing,  and  inserting  in 
place  thereof  the  following  section:  —  Section  61.  The  com- 
missioner shall  endeavor  to  establish  in  all  institutions  under 
his  jurisdiction  such  industries  as  will  enable  prisoners  em- 
ployed therein  to  learn  valuable  trades. 

Section  39.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  66,  as  so  appearing,  and  inserting  in 
place  thereof  the  following  section:  —  Section  66.  Subject 
to  appropriation  from  the  General  Fund,  the  tools,  imple- 
ments and  materials  required  for  use  in  manufacturing  in 
any  of  the  correctional  institutions  of  the  commonwealth, 
and  such  necessary  machinery  to  replace  any  which  becomes 
unfit  for  use  or  is  destroyed  by  fire  or  by  malicious  acts  of 
prisoners  or  to  establish  new  trades  or  industries,  may  be 
purchased  through  the  state  purchasing  agent  as  provided 
by  section  twenty-two  of  chapter  seven,  or  with  his  ap- 
proval as  provided  by  section  fifty-two  of  chapter  thirty, 
or  by  or  under  the  direction  of  the  purchasing  bureau  as 
provided  in  section  fifty-one  of  chapter  thirty,  by  the  com- 
missioner, or  by  the  principal  officer,  or  anj''  agent  appointed 
by  such  principal  officer  with  the  approval  of  the  commis- 
sioner. 

Section  40.  Said  chapter  127  is  hereby  further  amended 
by  inserting  after  said  section  66  the  following  section :  — 
Section  66 A.  The  tools,  implements  and  materials  required 
for  use  in  manufacturing  in  any  jails  or  houses  of  correction, 
and  such  necessary  machinery  to  replace  any  which  becomes 
unfit  for  use  or  is  destroyed  by  fire  or  by  malicious  acts  of 
prisoners  or  to  establish  new  trades  or  industries,  may  be 
purchased  for  any  jail  or  house  of  correction  by  the  master 
or  keeper,  or  any  agent  appointed  by  such  master  or  keeper, 
under  supervision  of  the  commissioner,  and  subject  to  any 
applicable  provisions  of  law  relative  to  purchases  for  the 
county,  city  or  town,  as  the  case  may  be,  after  estimates  or 
requisitions,  in  such  form  as  the  commissioner  shall  require, 
have  been  approved  by  him. 

Section  41.  Section  67  of  said  chapter  127,  as  appearing 
in  the  Tercentenary  Edition,  is  hereby  amended  by  striking 
out,  in  line  3,  the  words  "warden,  superintendent"  and  in- 
serting in  place  thereof  the  words :  —  principal  officer. 

Section  42.    Said  chapter  127  is  hereby  further  amended 


Acts,  1955.  — Chap.  770.  839 

by  striking  out  section  68,  as  so  appearing,  and  inserting  in 
place  thereof  the  following  section :  —  Section  68.  In  the  Agents  to 
correctional  institutions  of  the  commonwealth  the  commis-  procfucts" 
sioner,  and  in  jails  and  houses  of  correction  the  master  or 
keeper,  with  the  approval  of  the  commissioner,  may  appoint 
agents  who  under  such  regulations  as  the  commissioner  shall 
estabhsh  shall  sell,  subject  to  the  provisions  of  sections 
sixty-seven  and  sixty-seven  A,  goods  manufactured  therein. 
Any  such  agent  may  be  removed  at  the  pleasure  of  the  offi- 
cers by  whom  he  was  appointed. 

Section  43.    Section  69  of  said  chapter  127,  as  so  appear-  g.  l.  (Xer. 
ing,  is  hereby  amended  by  striking  out,  in  line  1,  the  words  amended.' 
"warden,   superintendent"   and  inserting  in  place  thereof 
the  words :  —  principal  officers. 

Section  44.    Section  71  of  said  chapter  127,  as  most  re-  g.  l.  (xer. 
cently  amended  by  section  2  of  chapter  461  of  the  acts  of  §71,  etc' 
1946,  is  hereby  further  amended  by  striking  out  the  first  ''tended. 
paragraph,  and  inserting  in  place  thereof  the  following  para- 
graph: —  At  least  once  in  each  month  the  receipts  from  the  Receipts  from 
labor  of  prisoners  in  the  correctional  institutions  of  the  com-  to'beV^d°to 
mon wealth  shall  be  paid  to  the  General  Fund  of  the  com-  General  Fund. 
monwealth,  and  the  receipts  from  the  labor  of  prisoners  in 
a  jail  or  house  of  correction  to  the  county.    So  much  thereof 
as  is  necessary  to  pay  the  expenses  of  maintaining  the  in- 
dustries in  said  jails  and  houses  of  correction  shall  be  expended 
from  the  county  treasury  for  that  purpose,  but  not  until 
schedules  of  such  expenses  have  been  sworn  to  by  the  princi- 
pal officer  and  approved  by  the  commissioner.     Whenever, 
in  the  opinion  of  the  master  or  keeper  of  a  jail  or  house  of 
correction  and  the  county  commissioners  and  county  treas- 
urer, the  accumulated  funds  in  the  county  treasury  from  the 
receipts  from  the  labor  of  prisoners  in  jails  and  houses  of 
correction  exceed  the  sums  necessary  to  pay  the  expenses  of 
maintaining  the  industries  by  which  they  were  produced, 
the  master  or  keeper  of  a  jail  or  house  of  correction  and  the 
county  commissioners  and  the  county  treasurer  shall  direct 
that  the  surplus  shall  be  transferred  into  the  general  revenue 
of  the  county. 

Section  45.    Section  72  of  said  chapter  127,  as  most  re-  ^dViJ?'^' 
cently  amended  by  section  1  of  chapter  436  of  the  acts  of  §72,' etc' 
1941,  is  hereby  further  amended  by  striking  out  the  first  ''™<'"^^'^- 
sentence  and  inserting  in  place  thereof  the  following  sen- 
tence:— -Subject  to  appropriation,  the  bills  for  tools,  i^a- J^jif^^o" to"oig 
plements,  machinery  and  materials  purchased  for,  and  the  machinery, 
salaries  of  persons  employed  in,  the  correctional  institutions  °*°' 
of  the  commonwealth,  under  sections  fifty-one  to  fifty-eight, 
inclusive,  sections  sixty,  sixty-one,  and  sixty-six  to  sixty-nine, 
inclusive,  shall  be  paid  monthl}'  by  the  commonwealth,  upon 
schedules  prepared  and  sworn  to  by  the  principal  officers 
and  approved  by  the  commissioner,  —  and  by  striking  out 
the  third  sentence  and  inserting  in  place  thereof  the  follow- 
ing sentence :  —  The  schedule  of  bills  for  tools,  implements 
and  machinery  and  of  bills  for  materials  and  salaries  shall 


840 


Acts,  1955. —  Chap.  770. 


G.  L.  (Ter. 
Ed.),  127.  §  73, 
amended. 


Suits  by  and 
against  keeper 
of  institution. 


G.  L.  (Ter. 
Ed.),  127. 
§  83B,  etc., 
amended . 


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


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


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

Inmates  may- 
write  letters  to 
public  officials. 


be  kept  separate  from  each  other  and  from  the  schedules 
of  bills  incurred  for  the  maintenance  of  the  correctional 
institutions  of  the  commonwealth,  jails  or  houses  of  cor- 
rection. 

Section  46.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  73,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  sec- 
tion :  —  Section  73.  The  principal  officer,  master  or  keeper 
of  any  institution  named  in  section  fifty-one  may  sue  or  be 
sued  upon  any  contract  of  purchase  or  sale  made  by  him 
under  sections  fifty-one  to  seventy,  inclusive.  No  suit  shall 
abate  by  reason  of  a  vacancy  in  any  such  office,  but  the 
successor  of  any  such  officer  may,  and  upon  motion  of  the 
adverse  party  shall,  prosecute  or  defend  it.  The  principal 
officer,  master  or  keeper  may  submit  a  controversy  relative 
to  such  contract  or  an  action  thereon  to  the  final  determina- 
tion of  arbitrators  or  referees,  who  shall,  if  the  claim  or  suit 
is  made  or  brought  by  or  against  the  principal  officer,  be 
approved  by  the  governor,  or,  if  made  or  brought  by  or 
agsinst  the  master  or  keeper,  be  approved  by  the  county 
commissioners. 

Section  47.  Section  83B  of  said  chapter  127,  inserted  by 
chapter  755  of  the  acts  of  1951,  is  hereby  amended  by  strik- 
ing out,  in  lines  2  and  3,  the  words  "the  state  prison,  Massa- 
chusetts reformatory,  state  prison  colony,  state  farm"  and 
inserting  in  place  thereof  the  words:  —  a  correctional  insti- 
tution of  the  commonwealth,  except  the  Massachusetts 
Correctional  Institution,  Framingham,  —  and  by  striking  out 
the  first  two  sentences  of  the  second  paragraph. 

Section  48.  Section  85  of  said  chapter  127,  as  amended 
by  section  1  of  chapter  727  of  the  acts  of  1950,  is  hereby 
further  amended  by  striking  out,  in  lines  1  and  2,  the  words 
"superintendent  of  the  reformatory  for  women"  and  in- 
serting in  place  thereof  the  words :  —  principal  officer  of  the 
Massachusetts  Correctional  Institution,  Framingham,  —  and 
by  striking  out,  in  lines  5,  9  and  15,  the  word  "reformatory" 
and  inserting  in  place  thereof,  in  each  instance,  the  words:  — 
correctional  institution. 

Section  49.  Section  86  of  said  chapter  127,  as  amended 
by  section  2  of  said  chapter  727  of  the  acts  of  1950,  is  hereby 
further  amended  by  striking  out,  in  lines  4  and  13,  the 
words  "reformatory  for  women"  and  inserting  in  place 
thereof,  in  each  instance,  the  words:  —  Massachusetts  Cor- 
rectional Institution,  Framingham,  —  and  by  striking  out, 
in  lines  15,  16,  18,  20,  22  and  23,  the  word  "reformatory" 
and  inserting  in  place  thereof,  in  each  instance,  the  words :  — 
correctional  institution. 

Section  50.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  87,  as  amended  by  section  20  of 
chapter  344  of  the  acts  of  1941,  and  inserting  in  place  thereof 
the  following  section :  —  Section  87.  Every  inmate  of  a 
correctional  institution  of  the  commonwealth  or  any  other 
penal  institution  in  the  commonwealth  shaU  be  allowed  to 


Acts,  1955. —  Chap.  770.  841 

write  letters  to  the  governor,  a  member  of  the  general  court, 
the  commissioner,  parole  board  and  the  principal  officer, 
master  or  keeper  of  the  institution.  A  locked  letter  box, 
accessible  to  the  inmates,  shall  be  placed  in  each  institution, 
in  which  they  may  deposit  such  letters  and  such  letters 
shall  be  duly  delivered  according  to  the  address  thereon. 

Section  51.     Section  88  of  said  chapter  127,  as  appearing  ^^^  jTer.  ^^ 
in  the  Tercentenary  Edition,  is  hereby  amended  by  striking  amended.' 
out,  in  hne  2,  the  words  "or  public  charitable  or  reformatory 
institution", — ^  and  by  striking  out,  in  hne  8,  the  words 
"warden,  superintendent"  and  inserting  in  place  thereof  the 
words :  —  principal  officer. 

Section  52.     Said  chapter  127  is  hereby  further  amended  Ed.x  i2"'§  89 
by  striking  out  section  89,  as  so  appearing,  and  inserting  ameAded.' 
in  place  thereof  the  following  section:  —  Section  89.     The  Schools  for 

-.        ifY'  n  X-  I'j-ii-  /•.!  the  instruction 

principal  onicer  oi  any  correctional  institution  of  the  com-  of  inmates. 
monwealth,  with  the  consent  of  the  commissioner,  may 
cause  a  sabbath  school  to  be  maintained  in  the  institution 
for  the  instruction  of  the  inmates  in  their  religious  duties, 
and  may  permit  such  persons  as  he  considers  suitable  to 
attend  it  as  instructors,  under  such  regulation  as  the  com- 
missioner may  establish.  The  principal  officer  may  also, 
except  on  Sunday,  and  subject  to  the  approval  of  the  com- 
missioner, maintain  schools  of  instruction  for  the  prisoners. 

Section  53.     Section  90  of  said  chapter  127,  as  so  ap-G,L.  (Xer 
pearing,  is  hereby  amended  by  striking  out,  in  lines  2  and  3,  ameAded.'    ^' 
the  words  "or  public  charitable  or  reformatory  institution", 
—  and  by  striking  out,  in  hues  6  and  7,  the  words  "free 
exercise  of  their  religious  behefs  by  inmates  of  such  institu- 
tions and  to  the  religious  instruction  of  inmates  of  the  state 
prison"  and  inserting  in  place  thereof  the  words:  —  religious  i^glr^uction 
instruction  and  free  exercise  of  their  religious  beliefs  by 
inmates  of  all  the  correctional  institutions  of  the  common- 
wealth. 

Section  54.    Said  chapter  127  is  hereby  further  amended  Ed.h  i27T§  92. 
by  striking  out  section  92,  as  so  appearing,  and  inserting  amended. 
in  place  thereof  the  following  section :  —  Section  92.     The  ^nn°striction 
county  commissioners  may  include,  among  the  items  re-  of  inmates. 
quested  to  be  appropriated  for  their  respective  counties,  an 
amount  to  cover  the  expenses  of  furnishing  instruction  for 
one  hour  each  evening  except  Sunday,  in  reading  and  writing 
to  prisoners  in  jails  and  houses  of  correction  who  may  be 
benefited  thereby  and  who  wish  to  receive  it.    In  the  county 
of  Suffolk,  the  mayor  of  Boston  may  include  such  an  item 
in  his  annual  budget  submitted  to  the  city  council.  q  l  (Ter 

Section  55.    Said  chapter  127  is  hereby  further  amended  Ed.),"  127,  §  93, 
by  striking  out  section  93,  as  so  appearing,  and  inserting  "™®'"^®'^ 
in  place  thereof  the  following  section:  —  Section  93.     The  ^^nmatll'^'^ 
keeper  or  master  of  a  jail  or  house  of  correction  shall  in  his 
statement  of  his  requirements  submitted  to  the  county  com- 
missioners under  section  twenty-eight  of  chapter  thirty-five 
include  a  sum  to  cover  the  expenses  of  providing  a  copy  of 
the  version  which  be  wishes  of  the  Bible  or  of  the  New 


842 


Acts,  1955.  —  Chap.  770. 


G.  L.  (Ter. 
Ed.),  127, 
§  96A,  etc., 
amended. 

Unclaimed 
monies  of 
inmates. 


G.  L.  (Ter. 
Ed.),  127, 
§  96B,  etc., 
amended. 

Unclaimed 
property  of 
inmates. 


Testament  for  each  prisoner  in  his  charge  who  is  able  and 
■s^dshes  to  read,  which  may  be  used  by  him  at  proper  seasons 
during  his  confinement,  and  such  keeper  or  master  may  also 
include  therein  a  sum  to  cover  the  expenses  of  providing 
books  and  papers  for  such  prisoners.  The  county  commis- 
sioners may  include  such  amounts,  and  an  amount  to  cover 
the  expense  of  providing  moral  and  rehgious  instruction  for 
prisoners  in  jails  and  houses  of  correction  within  their 
county,  among  the  items  requested  to  be  appropriated  for 
their  respective  counties. 

Section  56.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  96A,  as  amended  by  chapter  290  of 
the  acts  of  1945,  and  inserting  in  place  thereof  the  following 
section:  —  Section  96 A.  So  much  of  any  funds  as  represent 
monies  belonging  to,  or  deposited  for  the  benefit  of,  inmates 
who  have  died  or  have  been  discharged  or  have  escaped 
from  any  correctional  institution  of  the  commonwealth, 
which  shall  have  remained  unclaimed  for  more  than  two 
years,  shall  be  paid  by  the  principal  officer  of  such  institu- 
tion to  the  state  treasurer  to  be  held  subject  to  be  paid 
to  the  person  establishing  a  lawful  right  thereto.  After  six 
years  from  the  date  when  any  such  monies  were  paid  to  the 
state  treasurer  the  same  or  any  balance  thereof  then  remain- 
ing in  his  hands  may  be  used  as  a  part  of  the  ordinary 
revenue  of  the  commonwealth.  Any  person  may,  however, 
estabhsh  his  claim  after  the  expiration  of  the  six  years  above 
mentioned,  and  any  claim  so  established  shall  be  paid  from 
the  ordinary  revenue  of  the  commonwealth.  Any  person 
claiming  a  right  to  money  deposited  with  the  state  treasurer 
under  this  section  may  establish  the  same  by  a  petition  to 
the  probate  court;  provided,  that  in  cases  where  claims 
amount  to  less  than  fifty  dollars,  the  claims  may  be  pre- 
sented to  the  comptroller,  who  shall  examine  the  same  and 
allow  and  certify  for  payment  such  as  may  be  proved  to  his 
satisfaction. 

Section  57.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  96B,  inserted  by  chapter  383  of  the 
acts  of  1936,  and  inserting  in  place  thereof  the  following 
section:  —  Section  96 B.  Property  belonging  to,  or  deposited 
for  the  benefit  of,  former  inmates  of  any  correctional  institu- 
tion of  the  commonwealth,  which  shall  have  remained  un- 
claimed for  more  than  one  year,  shall  be  disposed  of  as 
heremafter  provided,  by  the  principal  ofl&cer  of  the  institu- 
tion and  a  representative  of  the  department  of  correction 
designated  by  the  commissioner,  acting  as  a  special  board 
for  said  purpose,  but  only  if  all  known  next  of  kin  of  the 
former  prisoner  shall  have  been  notified  in  writing  by  said 
principal  officer.  The  board  shall  ascertain  whether  the 
property  has  any  sale  value,  and,  if  so,  shall  solicit  from  at 
least  three  reputable  dealers  in  like  property  offers  for  the 
purchase  thereof,  and  shall  sell  the  same  to  the  dealer  offer- 
ing the  highest  price.  The  proceeds  of  such  sale  shall  be 
disposed  of  as  provided  in  section  ninety-six  A.    The  board 


Acts,  1955. —  Chap.  770.  843 

may  dispose  of  such  of  said  property  as,  in  its  opinion,  has 
no  sale  value,  or  any  of  said  property  for  which  no  offer, 
soHcited  as  aforesaid,  has  been  received,  in  such  manner  as 
it  may  deem  proper.  A  complete  record  of  each  transaction 
hereunder  shall  be  made  and  signed  by  both  members  of 
the  board  and  filed  with  the  other  records  at  such  institution 
relating  to  the  former  prisoner  whose  property  shall  have 
been  disposed  of  as  aforesaid. 

Section  58.    Said  chapter  127  is  hereby  further  amended  Ej^j'fy''" 
by  striking  out  section  97,  as  amended  by  chapter  113  of  igT-'efc' 
the  acts  of  1943,  and  inserting  in  place  thereof  the  following  '''^^°^^''- 
section:  —  Section  97.    The  commissioner  may  transfer  any  Transfer  of 
prisoner  from  one  correctional  institution  of  the  common-  othe"r°fnstitu- 
wealth  to  another  and  with  the  approval  of  the  sheriff  of  the  ti^i^s. 
county,  from  any  such  institution  to  any  jail  or  house  of  cor- 
rection or  from  any  jail  or  house  of  correction  to  any  such 
institution,  or  from  any  jail  or  house  of  correction  to  any 
other  jail  or  house  of  correction;   provided,  that  no  person 
sentenced  to  the  state  prison  other  than  prisoners  trans- 
ferred in  accordance  with  sections  eighty-three  B  and  one 
hundred  and  eleven  A  shall  be  so  removed  to  any  other  in- 
stitution except  the  Massachusetts  Correctional  Institution, 
Walpole,  the  Massachusetts  Correctional  Institution,  Nor- 
folk, or  the  Massachusetts  Correctional  Institution,  Concord, 
except  with  the  approval  of  the  governor  and  council.    Pris- 
oners so  removed  shall  be  subject  to  the  terms  of  their  origi- 
nal sentences  and  to  the  provisions  of  law  governing  parole 
from  the  correctional  institutions  of  the  commonwealth. 

Section  59.    Said  chapter  127  is  hereby  further  amended  ecuiJt"^' 
by  striking  out  section  113,  as  appearing  in  the  Tercentenary  §  us.     ' 
Edition,  and  inserting  in  place  thereof  the  following  section:  ""^^^  ^ 
—  Section  113.    The  commissioner  may  remove  from  one  jail  Transferor 
or  house  of  correction  to  another,  or  to  any  correctional  insti-  oner^.'^  ^"^ 
tution  of  the  commonwealth  a  prisoner  convicted  and  sen- 
tenced by  a  United  States  court  and  thereafter  transferred 
by  the  Attorney  General  of  the  United  States  to  such  jail  or 
house  of  correction. 

Section  60.     Section  122  of  said  chapter  127,  as  so  ap-  g.  l.  (Ter. 
pearing,  is  hereby  amended  by  striking  out,  in  hues  2  and  3,  §^122/^^' 
the  w^ords  "state  prison,   Massachusetts  reformatory,   re-  amended. 
formatory  for  women  or  state  farm"  and  inserting  in  place 
thereof  the  words :  —  correctional  institutions  of  the  com- 
monwealth. 

Section  61.     Section  123  of  said  chapter  127,  as  most  g.  l.  (Ter. 
recently  amended  by  section  3  of  chapter  510  of  the  acts  of  §  i23,\"7c., 
1941,  is  hereby  further  amended  by  striking  out  the  second  amended. ' 
sentence  and  inserting  in  place  thereof  the  following  sen- 
tence: —  The  expense  of  removing  a  prisoner  to  or  from  any  Payment  of 
of  the  correctional  institutions  of  the   commonwealth  by  llmo^Xoi 
order  of  the  commissioner  shall  be  paid  upon  bills  approved  prisoners. 
by  him,  out  of  the  appropriation  for  the  removal  of  pris- 
oners, except  that  when  a  removal  of  a  prisoner  is  made 
under  section  one  hundred  and  seventeen  or  one  hundred 


844 


Acts,  1955. —  Chap.  770. 


G.  L.  (Ter. 
Ed.).  127, 
§124. 
amended. 

Payment  of 
expense  of 
support  of 
transferred 
prisoner. 


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

Same  subject. 


G.  L.  (Ter. 
Ed.),  127, 
§  126, 
amended. 

Payment  by 
county  for 
support  of 
transferred 
prisoner. 


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


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

Reduction  of 
sentence. 


and  eighteen,  the  expense  thereof  shall  be  borne  by  the  in- 
stitution from  which  the  prisoner  is  removed. 

Section  62.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  124,  as  appearing  in  the  Tercen- 
tenary Edition,  and  inserting  in  place  thereof  the  following 
section:  —  Section  124-  The  expense  of  supporting  a  pris- 
oner transferred  from  a  correctional  institution  of  the  com- 
monwealth to  a  jail  or  house  of  correction  shall  be  paid  by 
the  commonwealth,  if  the  prisoner  was  not  originally  sen- 
tenced from  the  county  where  such  jail  or  house  of  correction 
is  situated;  but  before  payment  the  bills  therefor  shall  be 
approved  by  the  commissioner. 

Section  63.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  125,  as  amended  by  chapter  148  of 
the  acts  of  1946,  and  inserting  in  place  thereof  the  following 
section:  —  Section  125.  The  expense  of  supporting  a  pris- 
oner transferred  from  a  jail  or  house  of  correction  in  one 
county  to  another,  removed  from  the  Massachusetts  Cor- 
rectional Institution,  Bridgewater  to  a  house  of  correction, 
or  sentenced  to  a  jail  or  house  of  correction  in  a  county  other 
than  that  in  which  he  was  convicted,  may  be  paid  by  the 
county  where  he  was  sentenced.  If  the  amount  to  be  paid 
cannot  be  agreed  upon  by  the  county  commissioners  of  the 
two  counties,  it  may  be  determined  by  the  superior  court 
sitting  in  either  county. 

Section  64.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  126,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  section: 
—  Section  126.  The  expense  of  supporting  a  prisoner  re- 
moved from  a  jail  or  house  of  correction  to  the  Massachu- 
setts Correctional  Institution,  Bridgewater  shall  be  paid  to 
the  commonwealth  by  the  county  from  which  he  is  removed, 
and  the  amount  thereof  shall  be  determined  by  the  commis- 
sioner. The  expense  of  supporting  a  sick  prisoner  removed 
to  the  Massachusetts  Correctional  Institution,  Bridgewater 
from  a  jail  or  house  of  correction,  not  exceeding  three  dollars 
and  twenty-five  cents  a  week,  shall  be  paid  by  the  county 
from  which  he  is  removed. 

Section  65.  Section  127  of  said  chapter  127,  as  most  re- 
cently amended  by  section  1  of  chapter  215  of  the  acts  of 
1953,  is  hereby  further  amended  by  striking  out  the  last  two 
sentences. 

Section  66.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  129,  as  most  recently  amended  by 
section  4  of  chapter  567  of  the  acts  of  1954,  and  inserting 
in  place  thereof  the  following  section:  —  Section  129.  The 
officer  in  charge  of  each  correctional  institution  or  other 
place  of  confinement,  except  a  defective  dehnquent  depart- 
ment, shall  keep  a  record  of  each  prisoner  in  his  custody 
whose  term  of  imprisonment  is  four  months  or  more.  Every 
such  prisoner  whose  record  of  conduct  shows  that  he  has 
faithfully  observed  all  the  rules  of  his  place  of  confinement, 
and  has  not  been  subjected  to  punishment.,  shall  be  entitled 


Acts,  1955.  — Chap.  770.  845 

to  have  the  term  of  his  imprisonment  reduced  by  a  deduction 
from  the  maximum  term  for  which  he  may  be  held  under  his 
sentence  or  sentences,  which  shall  be  determined  as  follows: 
Upon  a  sentence  of  not  less  than  four  months  and  less  than 
one  year,  two  and  one  half  days  for  each  month ;  upon  a 
sentence  of  not  less  than  one  year  and  less  than  two  years, 
five  days  for  each  month;  upon  a  sentence  of  not  less  than 
two  years  and  less  than  three  years,  seven  and  one  half  days 
for  each  month ;  upon  a  sentence  of  not  less  than  three  years 
and  less  than  four  years,  ten  days  for  each  month;  upon  a 
sentence  of  four  years  or  more,  twelve  and  one  half  days 
for  each  month.  If  a  prisoner  has  two  or  more  sentences  to 
be  served  concurrently  or  otherwise,  the  maximum  period  of 
time  for  which  he  may  be  held  under  his  sentences  shall  be 
the  basis  upon  which  the  deduction  shall  be  determined; 
except  that  when  a  prisoner  on  parole  is  sentenced  for  a  new 
crime,  the  sentence  on  which  he  was  paroled  shall  be  con- 
sidered separately,  and  shall  not  be  aggregated  with  any 
new  sentence  for  the  purposes  of  determining  the  deductions. 
If  a  prisoner  violates  any  rule  of  his  place  of  confinement, 
the  commissioner  of  correction,  the  county  commissioners, 
and,  in  Suffolk  county,  the  penal  institutions  commissioner 
of  Boston,  upon  the  recommendation  and  evidence  submitted 
to  them  respectively,  in  writing  by  the  principal  officer,  or 
officer  in  charge,  shall  decide  what  part,  if  any,  of  such  good 
conduct  deduction  from  sentence  or  sentences  shall  be  for- 
feited by  such  violation,  and  may  likewise  determine,  in  the 
event  of  the  prisoner's  subsequent  good  conduct,  whether 
any  or  all  of  such  deduction  shall  be  restored. 

A  prisoner  in  a  correctional  institution  of  the  common- 
wealth who  is  entitled  to  have  the  term  of  his  imprisonment 
reduced  shall  receive  from  the  commissioner  of  correction  a 
certificate  of  discharge  and  shall  be  released  from  the  cor- 
rectional institution  in  which  he  has  been  confined,  upon  the 
date  which  has  been  determined  by  such  deductions  from 
the  maximum  term  of  his  sentence  or  sentences.  A  pris- 
oner in  a  county  penal  institution  who  is  entitled  to  have  the 
term  of  his  imprisonment  reduced  shall  receive  from  the 
county  commissioners  or,  in  Suffolk  county,  the  penal  in- 
stitutions commissioner  of  Boston,  a  certificate  of  discharge, 
and  shall  be  released  from  the  institution  in  which  he  has 
been  confined,  upon  the  date  which  has  been  determined  by 
such  deductions  from  the  maximum  term  of  his  sentence  or 
sentences.  A  prisoner  released  on  parole  from  a  correctional 
institution  of  the  commonwealth  who  has  faithfully  ob- 
served all  the  rules  of  his  parole,  and  has  not  been  returned 
to  prison  for  the  violation  of  his  parole,  shall  be  entitled  to 
have  the  term  of  his  imprisonment  reduced  by  a  deduction 
from  the  maximum  term  for  which  he  may  be  held  under  the 
sentence  or  sentences,  but  only  for  that  period  of  the  sen- 
tence or  sentences  during  which  he  was  actually  confined,  and 
in  such  case,  the  parole  board  shall  notify  the  commissioner 
of  correction  who  shall  issue  a  certificate  of  final  discharge 


846 


Acts,  1955. —  Chap.  770. 


G.  L.  (Ter. 
Ed.),  127, 
§  130.  etc., 

amended. 

Parole  permit. 


G.  L.  (Ter. 
Ed.),  127, 
new  §  130A, 
added. 
Parole  board 
may  issue 
certificate  of 
termination 
of  sentence. 


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

Parole  permits 
not  to  be 
granted  certain 
prisoners. 


and  release  from  further  supervision  upon  the  date  which 
has  been  determined  by  such  a  deduction  from  the  maximum 
term  of  his  sentence  or  sentences;  provided,  however,  that 
when  any  person  serving  a  sentence  imposed  for  a  violation 
of  section  twenty-three  of  chapter  two  hundred  and  sixty- 
five  or  for  an  attempt  to  commit  the  crime  referred  to  in  said 
section  twenty-three  is  released  in  accordance  with  the  pro- 
visions hereof,  he  shall  not  be  given  any  certificate  of  dis- 
charge hereunder,  but  shall  be  released  on  parole  and  shall 
be  subject  to  the  provisions  of  law  governing  parole  until  the 
expiration  of  the  term  of  imprisonment  to  which  he  has  been 
sentenced. 

Section  67.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  130,  as  most  recently  amended  by 
section  2  of  chapter  450  of  the  acts  of  1948,  and  inserting 
in  place  thereof  the  following  section:  —  Section  130.  No 
prisoner  shall  be  granted  a  parole  permit  merely  as  a  re- 
ward for  good  conduct  but  only  if  the  board  or  officer  hav- 
ing jurisdiction  is  of  the  opinion  that  there  is  a  reasonable 
probability  that,  if  such  prisoner  is  released,  he  will  five  and 
remain  at  liberty  without  violating  the  law,  and  that  his  re- 
lease is  not  incompatible  with  the  welfare  of  society.  A 
prisoner  to  whom  a  parole  permit  is  granted  shall  be  allowed 
to  go  upon  parole  outside  prison  walls  and  inclosure  upon 
such  terms  and  conditions  as  the  board  or  officer  having  ju- 
risdiction shall  prescribe,  but  shall  remain,  while  thus  on 
parole,  subject  to  the  jurisdiction  of  such  board  or  officer 
until  the  expiration  of  the  term  of  imprisonment  to  which  he 
has  been  sentenced  or  until  the  date  which  has  been  deter- 
mined by  deductions  from  the  maximum  term  of  his  sen- 
tence or  sentences  for  good  conduct  or  until  such  earher 
date  as  the  board  shall  determine  that  it  is  in  the  pubhc  in- 
terest for  such  prisoner  to  be  granted  a  certificate  of  ter- 
mination of  sentence. 

Section  68.  Said  chapter  127  is  hereby  further  amended 
by  inserting  after  said  section  130  the  following  section :  — 
Section  ISO  A.  The  parole  board  may,  by  a  unanimous  vote 
of  all  of  the  members,  issue  to  a  parolee  under  its  supervision 
a  certificate  of  termination  of  sentence,  provided  that  in  the 
judgment  of  the  board  such  termination  of  sentence  shall  be 
in  the  pubhc  interest;  and  provided,  further,  that  in  no 
case  will  such  certificate  of  termination  of  sentence  be  issued 
unless  the  parolee  has  completed  at  least  one  year  of  satis- 
factory parole.  The  parole  board  shall  furnish  to  the  com- 
missioner of  correction  and  to  the  judge  who  pronounced 
sentence  upon  the  parolee  a  copy  of  such  certificate  of  termi- 
nation of  sentence. 

Section  69.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  133,  as  amended  by  chapter  254  of 
the  acts  of  1946,  and  inserting  m  place  thereof  the  following 
section:  —  Section  133.  Parole  permits  may  be  granted  by 
the  parole  board  to  prisoners  subject  to  its  jurisdiction  at 
such  times  as  the  board  in  each  case  may  determine;   pro- 


Acts,  1955.  — Chap.  770.  847 

vided,  that  no  prisoner  held  under  a  sentence  containing  a 
minimum  sentence  shall  receive  a  parole  permit  until  he 
shall  have  served  two  thirds  of  such  minimum  sentence,  but 
in  any  event  not  less  than  one  year,  or,  if  he  has  two  or  more 
sentences  to  be  served  otherwise  than  concurrently,  two 
thirds  of  the  aggregate  of  the  minimum  terms  of  such  several 
sentences,  but  in  any  event  not  less  than  one  year  for  each 
such  sentence.  Such  minimum  term  shall  be  computed  after 
allowing  for  deductions  for  good  conduct  as  pro\dded  in 
section  one  hundred  and  twenty-nine  of  this  chapter. 

Section  70.    Said  chapter  127  is  hereby  further  amended  ej^^.T^'"- 
by  inserting  after  said  section  133  the  following  two  sec-  new'§§"i33A, 
tions:  —  Section  1S3A.     Every  prisoner  who  is  sentenced  i^sb,  added. 
to  a  correctional  institution  of  the  commonwealth  for  life,  prisoners 
except  prisoners  confined  to  the  hospital  at  the  Massachu-  sentenced  for 
setts  Correctional  Institution,  Bridgewater  or  a  prisoner  sen-  for  parole!' 
tenced  for  life  for  murder  in  the  first  degree  whose  sentence 
has  not  been  commuted  by  the  governor  and  council,  shall 
be  eligible  for  parole,  and  the  parole  board  shall,  within 
sixty  days  before  the  expiration  of  twenty  years  of  such 
sentence,  and  thereafter  at  least  once  in  each  ensuing  three- 
year  period,  consider  carefully  and  thoroughly  the  merits  of 
such  case  on  the  question  of  releasing  such  person  on  parole. 
After  such  consideration,  the  parole  board  may  grant  to  such 
prisoner  a  parole  permit  to  be  at  liberty  upon  such  terms  and 
conditions  as  it  may  prescribe  for  the  unexpired  term  of  his 
sentence.    Such  terms  and  conditions  may  be  re\dsed,  altered 
and  amended,  and  may  be  revoked  by  the  parole  board  at 
any  time.     The  violation  by  the  holder  of  such  permit  of 
any  of  its  terms  or  conditions,  or  of  any  law  of  the  common- 
wealth, shall  render  such  permit  void,  and  thereupon,  or  if 
such  permit  has  been  revoked,  the  parole  board  may  order 
his  arrest  and  his  return  to  prison,  in  accordance  with  the 
provisions  of  section  one  hundred  and  forty-nine. 

Section  133 B.  In  the  case  of  every  prisoner  sentenced  hab?tua*i^ 
under  the  provisions  of  section  twenty-five  of  chapter  two  criminals, 
hundred  and  seventy-nine  the  parole  board  shall,  within 
sixty  days  before  the  expiration  of  half  of  his  maximum 
sentence,  and  thereafter  at  least  once  in  each  ensuing  two- 
year  period,  consider  carefully  and  thoroughly  the  merits  of 
such  case  on  the  question  of  releasing  such  person  on  parole. 
After  such  consideration,  the  parole  board  may  grant  to  such 
prisoner  a  parole  permit  to  be  at  liberty  upon  such  terms 
and  conditions  as  it  may  prescribe  for  the  unexpired  term 
of  his  sentence.  Such  terms  and  conditions  may  be  revised, 
altered  and  amended,  and  may  be  revoked  by  the  parole 
board  at  any  time.  The  violation  by  the  holder  of  such 
permit  of  any  of  its  terms  or  conditions,  or  of  any  law  of  the 
commonwealth,  shall  render  such  permit  void,  and  there- 
upon, or  if  such  permit  has  been  revoked,  the  parole  board 
may  order  his  arrest  and  his  return  to  prison,  in  accordance 
with  the  provisions  of  section  one  hundred  and  forty-nine. 
The  period  which  must  be  served  before  such  prisoner  be- 


848 


Acts,  1955. —  Chap.  770. 


G.  L.  (Ter. 
Ed.;,  127, 
§  134,  etc., 
amended. 

Parole  board 
to  see  inmate 
before  granting 
parole  permit. 


G.  L.  (Ter. 
Ed.),  127, 
§  154A,  etc., 
amended. 


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


G.  L.  (Ter. 
Ed.),  127, 
1:158.  etc., 
amended. 

Duties  and 
powers  of 
agents  of  the 
parole  board. 


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

Assistance  to 

released 

prisoners. 


comes  eligible  for  parole  shall  be  calculated  with  deductions 
applicable  to  other  sentences  for  good  conduct. 

Section  71.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  134,  as  amended  by  section  4  of 
chapter  543  of  the  acts  of  1946,  and  inserting  in  place  thereof 
the  following  section :  —  Section  134-  No  parole  permit  shall 
be  granted  by  the  parole  board  to  an  inmate  under  its 
jurisdiction  until  the  inmate  has  been  seen  by  a  majority 
of  said  board.  Each  member  of  the  parole  board  shall 
record  in  clear  and  concise  form  the  reasons  for  his  decision 
in  the  matter  of  granting  a  parole  permit  to  a  prisoner 
serving  a  sentence  for  a  felony  or  to  a  defective  delinquent. 

Section  72.  Section  154A  of  said  chapter  127  is  hereby 
amended  by  striking  out,  in  lines  2  and  3,  as  appearing  in 
chapter  225  of  the  acts  of  1935,  the  words  "penal  institution 
except  Bridgewater  state  hospital"  and  inserting  in  place 
thereof  the  words :  —  correctional  institution  of  the  com- 
monwealth except  the  state  hospital  at  the  Massachusetts 
Correctional  Institution,  Bridgewater. 

Section  73.  Section  136  of  said  chapter  127,  as  amended 
by  section  5  of  chapter  543  of  the  acts  of  1946  is  hereby 
further  amended  by  striking  out,  in  line  7,  the  word  "after" 
and  inserting  in  place  thereof  the  word :  —  before,  —  and  by 
striking  out,  in  line  13,  the  words  "one  month"  and  insert- 
ing in  place  thereof  the  words :  —  ninety  days. 

Section  74.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  158,  as  amended  by  section  24  of 
chapter  344  of  the  acts  of  1941,  and  inserting  in  place  thereof 
the  following  section:  —  Section  158.  The  agents  employed 
by  the  parole  board  shall,  in  accordance  with  the  rules  and 
regulations  of  the  board,  supervise,  counsel  and  advise  pris- 
oners released  on  parole  from  the  correctional  institutions  of 
the  commonwealth,  or  from  any  institution  to  which  they 
were  removed  therefrom,  and  shall  assist  them  in  securing 
employment.  They  shall  also  render  assistance  and  counsel 
to  discharged  prisoners  who  are  in  need  of  such  help,  and 
perform  such  other  duties  relative  to  discharged  or  released 
prisoners  as  the  parole  board  requires. 

They  shall  obtain  information  for  the  use  of  the  parole 
board  relative  to  prisoners  sentenced  to  correctional  insti- 
tutions of  the  commonwealth,  especially  as  to  the  details  of 
their  offences  and  their  previous  character  and  history. 
They  may  for  that  purpose  require  of  the  pohce  authorities 
any  facts  in  their  possession  relative  to  such  prisoners  if 
the  communication  thereof  will  not,  in  the  opinion  of  said 
authorities,  be  detrimental  to  the  public  interest. 

Section  75.  Said  chapter  127  is  hereby  further  amended 
by  striking  out  section  160,  as  most  recently  amended  by 
chapter  512  of  the  acts  of  1945,  and  inserting  in  place  thereof 
the  following  section:  —  Section  160.  The  parole  board  may 
expend  such  sum  as  may  be  appropriated  for  the  assistance 
of  prisoners  released  from  any  correctional  institution  of  the 
commonwealth,  or  from  any  institution  to  which  they  were 


Acts,  1955. —  Chap.  770.  849 

removed  therefrom.    Such  assistance  may  be  in  the  form  of 
a  loan  on  such  conditions  as  the  board  may  determine. 

Section  76.    Said  chapter  127  is  hereby  further  amended  g.l.  (Ter. 
by  striking  out  section  162,  as  amended  by  chapter  467  of  §i62.  etc'., 
the  acts  of  1951,  and  inserting  in  place  thereof  the  following  ''^^"•^ed. 
section:  —  Section  162.     The  principal  officer  of  any  cor- Payment  to 
rectional  institution  of  the  commonwealth  may  pay  from  re'i^Sf"u-''°'* 
the  treasury  of  the  institution  not  more  than  fifty  dollars  to  thorized. 
every  prisoner  leaving  the  institution.    A  prisoner  who  leaves 
the  institution  shall  be  provided  with  decent  clothing. 

Section  77.     Section  44  of  chapter  208  of  the  General  Ed.h 208.'"§44. 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  ameAded." 
amended  by  striking  out,  in  line  6,  the  words  "in  the  jail". 

Section  78.     Section  2  of  chapter  265  of  the  General  gj^JJl'j  2 
Laws,  as  amended  by  chapter  203  of  the  acts  of  1951,  is  etcVameAded'. 
hereby  further  amended  by  striking  out  the  last  sentence 
and  inserting  in  place  thereof  the  following  sentence:  —  A  ^nwa'^ntl^ioed 
person  sentenced  to  life  imprisonment  for  the  crime  of  mur-  for  life  not 
der  in  the  first  degree  shall  not  be  eligible  for  parole  under  pafok!  ^°' 
section  one  hundred  and  thirty-three  A  of  chapter  one  hun- 
dred and  twenty-seven  unless  his  sentence  shall  have  been 
commuted  as  provided  in  section  one  hundred  and  fifty-four 
of  said  chapter. 

Section  79.    Chapter  266  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  striking  out  section  129,  as  appearing  in  the  f'129,^^^' 
Tercentenary  Edition,  and  inserting  in  place  thereof  the  fol-  amended, 
lowing  section:  —  Section  129.    An  inmate  of  a  correctional  Penalty  for 
institution  of  the  commonwealth  who  wilfully  and  maliciously  ^ruction  of 
destroys  or  injures  the  property  of  the  commonwealth  at  |te!^  p^pe^y. 
such  correctional  institution,  or  the  property  of  any  person 
who  furnishes  materials  for  the  employment  of  the  prisoners, 
may  be  sentenced  to  the  state  prison  for  not  more  than  three 
years. 

Section  80.    Said  chapter  266  is  hereby  further  amended  Ed^Jel^ 
by  striking  out  section  130,  as  so  appearing,  and  inserting  in  §  i^o, 
place  thereof  the  followng  section:  —  Section  130.     Who- j™^'^,*'  ' 
ever,  being  a  prisoner  at  a  jail  or  house  of  correction,  wilfully  p?ol^rty° 
and  maliciously  injures  or  destroys  any  public  property  or  fnstitutions. 
any  materials  furnished  for  the  emplo3Tnent  of  prisoners  in 
such  jail  or  house  of  correction  may  be  punished  by  im- 
prisonment for  not  less  than  six  months  nor  more  than  two 
and  one  half  years. 

Section  81.  Section  15  of  chapter  268  of  the  General  EJ^Jel""-!  is^ 
Laws,  as  so  appearing,  is  hereby  amended  by  striking  out,  amended.' 
in  lines  1  and  2,  the  words  "the  state  prison,  the  Massachu- 
setts reformatory  or  reformatory  for  women"  and  insert- 
ing in  place  thereof  the  words:  —  a  correctional  institution 
of  the  commonwealth, — and  by  striking  out,  in  lines  11 
and  14,  the  word  "in"  and  inserting  in  place  thereof,  in 
each  instance,  the  word :  —  to. 

Section  82.    Section  16  of  said  chapter  268,  as  most  re-  g.  l.  (Ter. 
cently  amended  by  section  1  of  chapter  19  of  the  acts  of  ne.'lfc^; 
1943,  is  hereby  further  amended  by  striking  out,  in  fine  3,  amended. 


850  Acts,  1955.  — Chap.  770. 

the  words  "reformatory  for  women"  and  inserting  in  place 
thereof  the  words:  —  Massachusetts  Correctional  Institution, 
Framingham. 
G.L.^Ter.  SECTION  83.    Section  16A  of  said  chapter  268,  inserted  by 

§  16 Arete.,  section  2  of  said  chapter  19  of  the  acts  of  1943,  is  hereby 
amended.  amended  by  striking  out,  in  lines  2  and  3,  the  words  "re- 
formatory for  women"  and  inserting  in  place  thereof  the 
words :  —  Massachusetts  Correctional  Institution,  Framing- 
ham,  —  and  by  striking  out,  in  lines  5  and  7,  the  word 
"reformatory"  and  insertmg  in  place  thereof,  in  each  in- 
stance, the  words :  —  correctional  institution. 
G- L.  (Ter.  SECTION  84.    Scction  26  of  said  chapter  268,  as  amended 

§26,' etc.,'  by  section  24  of  chapter  328  of  the  acts  of  1934,  is  hereby 
amended.  further  amended  by  striking  out,  in  line  3,  the  Avord  "prison" 
and  inserting  in  place  thereof  the  words :  —  correctional  in- 
stitution, —  and  by  striking  out,  in  line  5,  the  words  "warden 
of  a  prison"  and  inserting  in  place  thereof  the  words:  — 
principal  officer  of  a  correctional  institution. 
G.L.  (Ter  SECTION  85.     Sectiou  28  of  said  chapter  268,  as  appear- 

ameAded.'  '  ing  in  the  Tercentenary  Edition,  is  hereby  amended  by 
striking  out,  in  lines  1  and  2,  the  words  "the  state  farm,  in 
the  prison  camp  and  hospital"  and  mserting  in  place  thereof 
the  words :  —  any  correctional  institution,  —  and  by  strik- 
mg  out,  in  lines  5  and  6,  the  word  "superintendent"  and  in- 
serting in  place  thereof  the  words :  —  principal  officer. 
G- L.  (Ter  SECTION  86.    Scction  29  of  said  chapter  268,  as  amended 

etc!. 'amended^'  by  scctiou  26  of  chapter  328  of  the  acts  of  1934,  is  hereby 
further  amended  by  striking  out,  in  lines  2,  9  and  18,  the 
word  "prison"  and  inserting  in  place  thereof,  in  each  in- 
stance, the  words :  —  correctional  institution,  —  and  by 
striking  out,  in  line  7,  the  word  "prison"  and  inserting  in 
place  thereof  the  words :  —  penal  institution. 
G.L. (Ter.  SECTION  87.     Sectiou  30  of  Said  chapter  268,  as  appear- 

ameided.'  '  ing  in  the  Tercentenary  Edition,  is  hereby  amended  by 
striking  out,  in  lines  1  and  2,  the  words  "the  state  prison, 
state  prison  colony,  Massachusetts  reformatory,  reforma- 
tory for  women,  state  farm"  and  inserting  in  place  thereof 
the  words :  —  any  correctional  institution  of  the  common- 
wealth, the,  —  and  by  striking  out,  in  line  4,  the  words :  — 
"prison  camp  and  hospital". 
G.L.(Ter.  SECTION  88.    Section  31  of  Said  chapter  268,  as  SO  appear- 

am'ended.'       '  ing,  is  hereby  amended  by  striking  out,  in  line  10,  the  words 
"warden,   superintendent   or"   and   by  inserting  in   place 
thereof  the  word:  —  principal. 
G  L.  (Ter.  Section  89.    Section  37  of  said  chapter  268,  as  so  appear- 

ameided.'  '  ing,  is  hereby  amended  by  striking  out,  in  line  5,  the  word 
"prison"  and  inserting  in  place  thereof  the  words:  —  any 
correctional  or  penal  institution. 

Section  90.  The  schedule  of  forms  and  pleadings  at  the 
end  of  chapter  277  of  the  General  Laws  is  hereby  amended 
by  striking  out  the  paragraph  entitled  "Escape",  as  appear- 
ing in  the  Tercentenary  Edition,  and  inserting  in  place 
thereof  the  following  paragraph :  — 


Acts,  1955.  — Chap.  770.  851 

Escape.  (Under  Chap.  268,  §  16).  — That  A.  B.,  being 
lawfully  imprisoned  in  the  House  of  Correction  (or  the 
Massachusetts  correctional  institution)  in  said  county,  did 
break  therefrom  and  escape. 

Section  91.    Section  28C  of  chapter  278  of  the  General  EciJ.iTsT' 
Laws,  as  amended  by  section  3  of  chapter  255  of  the  acts  of  §  28C,  etc., 
1945,  is  hereby  further  amended  by  striking  out,  in  lines  3  '"^^"  ^ 
and  4,  the  words  "warden  of  the  state  prison  or  the  superin- 
tendent of  the  reformatory  for  women,  as  the  case  may  be" 
and  inserting  in  place  thereof  the  words:  —  principal  offi- 
cer of  the  correctional  institution  in  which  the  appellant  is 
confined. 

Section  92.    The  second  paragraph  of  section  4  of  chap-  g.  l.  (Ter. 
ter  279  of  the  General  Laws,  as  appearing  in  section  3  of  etcl.'amencied'. 
chapter  437  of  the  acts  of  1935,  is  hereby  amended  by  strik- 
ing out,  in  lines  9  and  10,  the  word  "warden"  and  inserting 
in  place  thereof  the  words :  —  principal  officer. 

Section  93.    Section  6  of  said  chapter  279,  as  appearing  g.  l.  (Xer. 
in  the  Tercentenary  Edition,  is  hereby  amended  by  striking  amended.'    ^' 
out,  in  line  3,  the  words  "solitary  imprisonment  and". 

Section  94.     Section  9  of  said  chapter  279,  as  amended  S;,  ^- ^ J^""-.  „ 
by  section  2  of  chapter  221  of  the  acts  of  1932,  is  hereby  etc., 'amended', 
further  amended  by  inserting  after  the  word  "prison",  in  line 
2,  the  following  words :  —  or  other  correctional  institution. 

Section  95.    Section  19  of  said  chapter  279,  as  appearing  g.  l.  (Ter. 
in  the  Tercentenary  Edition,  is  hereby  amended  by  strik-  f^ekdll'.  ^  ^^' 
ing  out,  in  line  2,  the  words  "reformatory  for  women"  and 
inserting  in  place  thereof  the  words :  —  !Massachusetts  Cor- 
rectional Institution,  Framingham. 

Section  96.     Section  20  of  said  chapter  279,  as  so  ap-  g.  l.  (Ter. 
pearing,  is  hereby  amended  by  striking  out,  in  line  2,  the  fmenle^d'  ^  ^^' 
words   "reformatory  for   women"   and   inserting  in  place 
thereof  the  words :  —  Massachusetts  Correctional  Institu- 
tion, Framingham. 

Section  97.    Section  27  of  said  chapter  279,  as  so  appear-  g.  l.  (Ter. 
ing,  is  hereby  amended  by  striking  out,  in  line  5,  the  words  ^mend^e^l.'  ^  ^^' 
"state  prison"  and  inserting  in  place  thereof  the  words:  — 
reception  center  established  under  section  twenty  of  chapter 
one  hundred  and  twenty-seven. 

Section  98.    Section  28  of  said  chapter  279,  as  amended  ^^V^Jg^- 
by  chapter  275  of  the  acts  of  1946,  is  hereby  further  amended  §  28,' etc.,' 
by  striking  out  the  second  sentence,  and  by  striking  out,  in  ''^^^'^^'^■ 
lines  9,  10  and  16,  the  word  "reformatory"  and  inserting  in 
place  thereof,  in  each  instance,  the  words :  —  Correctional 
Institution,  Concord. 

Section  99.    Said  chapter  279  is  hereby  further  amended  %;^\-^Jq^- 
by  striking  out  section  31,  as  amended  by  section  35  of  §31,' etc.,' 
chapter  319  of  the  acts  of  1953,  and  inserting  in  place  thereof  ^'^'''"^'"^■ 
the  following  section:  —  Section  SI.    A  male  not  previously  Certain  males 
sentenced  for  felony  more  than  three  times,  convicted  of  a  tence'^for" 
crime  punishable  by  imprisonment  in  any  correctional  in-  "^  indefinite 
stitution  of  the  commonwealth  or  by  imprisonment  m  a  jail   "  ™" 
or  house  of  correction  may  be  sentenced  for  an  indefinite 


Indeterminate 
sentence. 


852  Acts,  1955.  — Chap.  770. 

term.     District  courts  shall  have  the  same  jurisdiction  to 
sentence  such  person  to  a  correctional  institution  of  the 
commonwealth  for  an  indefinite  term  as  they  have  to  sen- 
tence him  to  such  jail  or  house  of  correction. 
G.  L.  (Ter.  SECTION  100.    Said  chapter  279  is  hereby  further  amended 

amended.'  "'  by  Striking  out  sectiou  32,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  section: 
— ■  Section  32.  The  court  imposing  a  sentence  of  commit- 
ment for  an  indefinite  term  shall  not  fix  the  maximum  term 
unless  it  exceeds  five  years,  but  shall  merely  impose  an  in- 
definite sentence  or  commitment. 
Ed^"  279"^'  Section  101.    Said  chapter  279  is  hereby  further  amended 

new  §  33A,  by  inserting  after  section  33  the  following  section :  —  Sec- 
added.  lion  33 A.    The  court  on  imposing  a  sentence  of  commitment 

deemed^o' '^'^  to  a  correctional  institution  of  the  commonwealth  may,  in 
^^J'^^ ^served  {^q  discretion,  order  that  the  prisoner  be  deemed  to  have 
sentence.  servcd  a  portiou  of  said  sentence,  such  portion  to  be  deter- 

mined by  the  court  and  not  to  exceed  the  number  of  days 
spent  by  the  prisoner  in  confinement  prior  to  such  sentence 
awaiting  and  during  trial. 
EdV279%34       Section  102,    Section  34  of  said  chapter  279,  as  appear- 
amended.'       '  iug  in  the  Tercentenary  Edition,  is  hereby  amended  by 
Certain  con-      adding  at  the  end  the  following  sentence :  —  When  such 
ddfvered^^        couvict  is  Sentenced  to  be  imprisoned  in  a  correctional  in- 
to reception       stitution  of  the  commonwealth,  except  the  Massachusetts 
Correctional  Institution,  Bridgewater  and  the  Massachu- 
setts Correctional  Institution,  Framingham.  the  oflficer  au- 
thorized to  execute  such  sentence  shall  deliver  him  to  the 
reception  center  established  in  accordance  with  the  pro- 
visions of  section  twenty  of  chapter  one  hundred  and  twenty- 
seven  for  examination  and  classification. 
Ed.K  279T§  35       Section  103.    Section  35  of  said  chapter  279,  as  so  appear- 
amended.'       '  ing,  is  hereby  amended  by  striking  out,  in  lines  1  and  2,  the 
words  "state  prison,  the  Massachusetts  reformatory,  the 
reformatory  for  women"  and  inserting  in  place  thereof  the 
words:  —  any  correctional  institution  of  the  commonwealth. 
Ed)" 279% 36       Section  104.    Section  36  of  said  chapter  279.  as  so  ap- 
am'eAded.'       '  peariug,  is  hereby  amended  by  striking  out,  in  line  2,  the 

words  "or  trial  justice". 
Ed^'279'i39       Section  105.    Section  39  of  said  chapter  279,  as  so  ap- 
ameAded.'       '  peariug,  is  hereby  amended  by  inserting  after  the  word 
"the",  the  second  time  it  occurs  in  line  5,  the  words:  —  prin- 
cipal ofiicer. 
G.L.(Ter  SECTION  106.    Sectiou  40  of  said  chapter  279,  as  so  ap- 

am'eided.'       '  pcariug,  is  hereby  amended  by  striking  out,  in  line  4  and  in 
hne  5,  the  words  "warden,  superintendent"  and  inserting  in 
place  thereof,  in  each  instance,  the  words:  —  principal  officer. 
Eci.^,'279T'  Section  107.    Section  43  of  said  chapter  279,  as  most  re- 

§43.' etc.,'  cently  amended  by  section  4  of  chapter  437  of  the  acts  of 
amen  e  1935,  is  hereby  further  amended  by  striking  out,  in  lines  15 

and  17,  the  word  "warden"  and  inserting  in  place  thereof, 
in  each  instance,  the  words:  —  principal  officer. 
Ed.K279T"  Section  108.    Section  44  of  said  chapter  279,  as  most  re- 

§  44.  etc.,         cently  amended  by  section  5  of  said  chapter  437  of  the  acts 

amended.  ^  ^  x 


Acts,  1955.  — Chap.  770.  853 

of  1935,  is  hereby  further  amended  by  striking  out,  in  hnes 
14,  15,  27,  28  and  31,  the  word  "warden"  and  inserting 
in  place  thereof,  in  each  instance,  the  words :  —  principal 
officer,  — ;and  by  striking  out,  in  hne  32,  the  words  "used 
for  sohtary  confinement"  and  inserting  in  place  thereof  the 
words:  —  provided  for  the  purpose. 

Section  109.    Section  45  of  said  chapter  279,  as  appear-  g.  l  (Ter. 
ing  in  section  6  of  said  chapter  437  of  the  acts  of  1935,  is  §45,' etc' 
hereby  further  amended  by  striking  out,  in  lines  5,  8  and  21,  amended, 
the  word  "warden"  and  inserting  in  place  thereof,  in  each 
instance,  the  words:  —  principal  officer. 

Section  1 10.    Section  46  of  said  chapter  279,  as  appear-,  g.  l.  (Ter 
ing  in  the  Tercentenary  Edition,   is  hereby  amended  by  am'eAded.'       ' 
striking  out,  in  line  8,  the  word  "warden"  and  inserting  in 
place  thereof  the  words :  —  principal  officer. 

Section  111.  Section  48  of  said  chapter  279,  as  amended  ecu'AJq^' 
by  chapter  515  of  the  acts  of  1951,  is  hereby  further  amended  l^^f^J*^- 
by  striking  out,  in  lines  12  and  13,  the  words  "Bridgewater 
state  hospital"  and  inserting  in  place  thereof  the  words:  — 
hospital  at  the  Massachusetts  Correctional  Institution, 
Bridgewater,  — and  by  striking  out,  in  lines  19  and  21,  the 
word  "warden"  and  inserting  in  place  thereof,  in  each  in- 
stance, the  words :  —  principal  officer. 

Section  112.  Section  50  of  said  chapter  279,  as  appear-  Ed.h279?§50. 
ing  in  the  Tercentenary  Edition,  is  hereby  amended  by  ameAded.* 
striking  out,  in  line  2,  the  words  "warden,  deputy  warden" 
and  inserting  in  place  thereof  the  words:  —  principal  officer, 
deputy,  —  and  by  inserting  after  the  word  "necessary",  in 
line  3,  the  words:  — ,  the  commissioner  of  correction  or  his 
representative,  —  and  by  striking  out,  in  hnes  3,  4,  6  and  10, 
the  word  "warden"  and  inserting  in  place  thereof,  in  each 
instance,  the  words :  —  principal  officer. 

Section  113.    Section  52  of  said  chapter  279  of  the  Gen-  gj^^?!'"^  53 
eral  Laws,  as  so  appearing,  is  hereby  amended  by  striking  amended.' 
out,  in  line  1,  the  word  "warden"  and  inserting  in  place 
thereof  the  words :  —  principal  officer. 

Section  114.     The  offices  of  commissioner  of  correction  ^^^\°!,^„ 

,       ,  »  .  >       •  presenTi  coin~ 

and  of  the  deputy  commissioners  of  correction  existing  un-  missioner 
der  section  one  of  chapter  twenty-seven  of  the  General  Laws  aCoii'shed!'^* 
immediately  prior  to  the  effective  date  of  this  act  are  hereby 
abolished.  After  this  act  takes  effect,  the  governor,  with 
the  advice  and  consent  of  the  council,  shall  forthwith  ap- 
point a  commissioner  of  correction  who,  notwithstanding 
the  provisions  of  section  one  of  said  chapter  twenty-seven, 
as  amended  by  section  one  of  this  act,  shall  serve  until  Janu- 
ary thirty-first,  nineteen  hundred  and  fifty-nine. 

Section  115.    Nothing  in  this  act  shall  affect  the  terms  ^^^^^^10"^°'^ 
of  office  of  the  members  of  the  parole  board  in  office  im-  main  in  office, 
mediately  prior  to  the  effective  date  of  this  act,  who  shall 
continue  in  office  until  the  expiration  of  the  terms  of  office 
for  which  they  were  appointed. 

Section  116.  Notwithstanding  the  provisions  of  this  ^*^e^fn'°°/ce 
act,  all  orders,  rules  and  regulations  made  by  the  depart-  untu  revoked. 
ment  of  correction  or  any  institution  thereunder  or  by  any 


854 


Acts,  1955.  —  Chap.  770. 


Validity  of 
provisions  of 
act. 


Receipts  from 
prisoners' 
labor  to  go  to 
general  fund. 


Additional 
camps  au- 
thorized. 


Status  of 
certain  em- 
ployees not  to 
be  impaired. 


officer  or  employee  thereof,  whatever  his  title,  prior  to  the 
effective  date  of  this  act,  shall  remain  in  force  until  revoked, 
modified,  amended  or  superseded  by  the  department  of  cor- 
rection under  this  act. 

Section  117.  If  any  provisions  of  this  act  or  the  applica- 
tion of  such  provisions  to  any  person  or  circumstance  shall 
be  invalid,  the  validity  of  the  remainder  of  this  act  and  the 
appUcability  of  such  provisions  to  other  persons  or  circum- 
stances shall  not  be  affected  thereby. 

Section  118.  In  order  to  insure  an  efficient  manage- 
ment of  the  department  of  correction  from  the  date  of 
passage  of  this  act  until  the  eft'ective  date  of  the  same  there 
shall  be  no  removals  of  personnel,  except  for  good  cause. 

Section  119.  Beginning  ninety  days  after  the  effective 
date  of  this  act  all  receipts  from  the  labor  of  prisoners 
theretofore  credited  to  the  Prison  Industries  Fund  shall  be 
thereafter  credited  to  the  general  funds  of  the  common- 
wealth and  such  expenditures,  including  expenditures  for 
tools,  materials,  implements,  services  and  wages  of  prisoners, 
as  were  formerly  paid  from  the  Prison  Industries  Fund  shall 
be  paid  subject  to  appropriation  from  the  general  funds  of 
the  commonwealth.  Any  unexpended  balance  remaining  in 
the  Prison  Industries  Fund  ninety  days  after  the  effective 
date  of  this  act  shall  be  credited  to  the  general  funds  of  the 
commonwealth. 

Section  120.  The  department  of  correction,  in  con- 
formance with  the  provisions  of  sections  eighty-three  A, 
eighty-three  B,  eighty-three  C,  and  eighty-three  D,  of 
chapter  one  hundred  and  twenty-seven  of  the  General 
Laws,  is  hereby  authorized  and  directed  to  establish  and 
maintain  three  additional  camps  as  correctional  institu- 
tions, and  to  expend  therefor  such  sums  as  may  be  appro- 
priated therefor. 

Section  121.  The  provisions  of  this  act  shall  not  be 
construed  to  impair  the  status,  seniority,  retirement  or 
other  rights  of  any  permanent  civil  service  employee  or  of 
any  veteran  with  tenure  under  section  nine  A  of  chapter 
thirty  of  the  General  Laws  or  of  an  employee  with  tenure 
under  section  nine  B  of  said  chapter  thirty  or  of  any  other 
permanent  employee  who  on  the  effective  date  of  this  act 
shall  be  in  the  employ  of  the  department  of  correction,  the 
parole  board,  state  prison,  Massachusetts  reformatory,  state 
prison  colony,  state  prison  camps,  state  farm  or  reformatory 
for  women;  provided,  that  in  order  to  carry  out  the  re- 
organization provided  by  this  act  the  commissioner  may 
transfer,  subject  to  the  provisions  of  said  chapter  thirty  and 
chapter  thirty-one  of  the  General  Laws  any  such  person  to 
any  office  or  position  in  the  said  department  as  so  reorgan- 
ized; provided,  further,  however:  (1)  that  no  such  person's 
salary  shall  be  reduced  as  a  result  of  any  such  transfer; 
and  (2)  that  no  such  person  shall,  as^the  result  of  such 
transfer,  be  placed  in  an  office  or  position  of  higher  or  lower 


Acts,  1955.  — Chap.  771.  855 

salary  grade  except  in  accordance  with  said  chapter  thirty- 
one. 

No  employee  of  the  department,  except  a  principal  officer 
or  deputy,  after  having  served  a  probationary  period  or 
having  attained  tenure  under  said  chapter  thirty  shall  be 
assigned  by  the  commissioner  from  one  correctional  institu- 
tion to  another  without  his  consent  except  in  accordance 
with  the  provisions  of  said  chapter  thirty-one;  provided, 
however,  that  in  cases  of  emergency  the  commissioner  may 
make  immediate  temporary  transfers  of  employees  from  one 
institution  to  another  institution  under  his  jurisdiction. 

Section  121  A.  Good  conduct  credits  as  provided  in  this  Good  conduct 
act  shall  apply  only  to  time  served  subsequent  to  the  effec-  credits. 
tive  date  of  this  act;  provided,  that  good  conduct  and  good 
work  credits  accumulated  by  any  prisoner  before  said 
effective  date  shall,  subject  to  the  rules  and  regulations  of 
the  department,  continue  to  be  credited  at  the  rate  in  effect 
prior  to  the  passage  of  this  act. 

Section  122.     Sections  3  and  4  of  chapter  124  of  the  certain  sec- 
General  Laws  are  hereby  repealed.  t^'irchioters 

Sections  11,  15,  34,  35,  42,  43,  44,  45,  46,  47,  50,  59,  62,  repealed!^ 
63,  64,  65,  70,  74,  75,  76,  77,  91,  98,  99,  100,  101,  102,  103, 
104,  105,  106,  107,  108,  109A,  109B,  110,  111,  114,  132  and 
159  of  chapter  127  of  the  General  Laws  are  hereby  repealed. 

Sections  22  and  29  of  chapter  279  of  the  General  Laws 
are  hereby  repealed. 

Section  123.  This  act  shall  take  effect  on  October 
twentieth,  nineteen  hundred  and  fifty-five. 

Approved  September  12,  1955. 


An  Act  establishing  a  criminal  information  bureau  Chav  771 
within  the  division  of  state  police  in  the  depart- 

MENT    OF   public    SAFETY. 

Be  it  enacted,  etc,  as  follows: 

Section  1.     Chapter  22  of  the  General  Laws  is  hereby  g.  l.  (Ter. 
amended  by  inserting  after  section  3  the  following  section:  new'^^ik, 
— Section  SA.     There  shall  be  within  the  division  of  state  added. 
police  a  criminal  mformation  bureau.     The  head  of  said  pr'minai 

r  1      11    1  1       •  111  •      •  c  intormation 

bureau  shall  be  designated  by  the  commissioner  from  state  bureau  of 
police  personnel  and  shall  hold  such  rank  or  temporary  rank  ^^'"^^^  ^°  ^^' 
as  the  commissioner  may  determine.  The  commissioner  may 
from  time  to  time  assign  to  said  bureau  such  members  of 
the  state  police  and  other  assistants  as  in  his  opinion  are 
necessary  to  carry  out  its  duties.  The  head  of  said  bureau 
shall  report  annually,  and  at  other  times  in  his  discretion, 
to  the  governor,  the  attorney  general  and  the  commissioner. 

Section  2.     Chapter  147  of  the  General  Laws  is  hereby  %^-^^^' 
amended  by  inserting  after  section  4B  the  following  section :  new  '§  4c', 
— Section  J^C.    The  criminal  information  bureau  within  the  '''^'^'^''■ 
division  of  state  police  shall  be  charged  with  the  following 
duties  and  functions:  — 


856  Acts,  1955.  — Chap.  772. 

f^nctloM  of  (^)  S^^<^  bureau  shall  collect,  by  investigation  of  its  own 

bureau.  and  by  receipt  from  other  law-enforcement  agencies,  informa- 

tion concerning  organized  crime,  organized  illegal  gambling, 
and  other  illegal  activities  generally  described  as  rackets, 
including  information  as  to  the  identity  and  doings  of  per- 
sons who  engage  in,  promote,  operate  or  participate  in  such 
activities. 

(6)  Said  bureau  shall  maintain  files  of  all  such  information 
which  it  collects  and  receives,  and  shall  serve  as  a  clearing 
house  of  intelligence  for  all  law  enforcement  agencies  within 
the  commonwealth  concerning  such  activities  and  such  per- 
sons, and  may  provide  to  and  receive  from  similar  agencies 
outside  the  commonwealth  any  such  information.  Any 
police  department  of  the  commonwealth,  or  any  of  its  polit- 
ical subdivisions,  may,  by  request,  in  the  form  and  manner 
prescribed  by  said  bureau,  receive  such  information  as  is  in 
the  files  of  said  bureau  concerning  such  activities  and  such 
persons  in  which  said  police  department  has  an  official  in- 
terest. The  clearing-house  functions  of  this  bureau  shall 
constitute  a  co-operative  relationship  between  said  bureau 
and  said  police  departments;  and  if  in  the  discretion  of  the 
head  of  said  bureau,  responding  to  such  request  for  informa- 
tion might  interfere  with  an  investigation  being  carried  on 
by  some  other  department  or  by  said  bureau,  he  may,  with 
the  approval  of  the  commissioner,  deny  the  request. 

(c)  Said  bureau  shall  from  time  to  time  advise  the  local 
police  departments  of  new  schemes  or  rackets  which  may 
come  to  its  attention,  and  of  new  devices,  techniques,  meth- 
ods of  operation,  and  other  matters  of  interest  relating  to 
such  activities  and  such  persons,  so  that  the  police  of  the 
commonwealth  and  its  political  subdivisions  shall  be  better 
informed  and  thus  better  able  to  enforce  the  laws  with  respect 
to  such  activities  and  such  persons. 

Approved  September  12,  1955. 

Chap. 172  An  Act  belative  to  special  classes  for  the  physically 

HANDICAPPED. 

Be  it  enacted,  etc.,  as  follows: 
EdVu^^'  Section  1.     Chapter  71  of  the  General  Laws  is  hereby 

§  4'6A,  etc.,       amended   by  striking  out  section  46A,   as  most  recently 
amen  e  .  amended  by  section  2  of  chapter  296  of  the  acts  of  1954,  and 

inserting  in  place  thereof  the  following  section :  —  Section 
fjfphysyaur  46A.  The  school  committee  of  every  town  shall  annually 
chSdren^au^  ascertain,  under  regulations  prescribed  by  the  department, 
thorizedin  after  consultatiou  with  the  commissioners  of  public  health 
and  public  welfare,  the  number  of  children  of  school  age  resi- 
dent therein  who  are  physically  handicapped.  In  any  town 
where  there  is  a  child  of  school  age  resident  therein,  including 
a  child  classified  under  section  forty-six,  so  physically  handi- 
capped as  to  make  attendance  at  a  public  school  not  feasible, 
and  who  is  not  otherwise  provided  for,  the  school  committee 
shall  employ  a  teacher  or  teachers,  on  full  or  part-time,  who 


towns. 


Acts,  1955.  — Chap.  772.  857 

shall,  with  the  approval  in  each  case  of  the  departments  of 
education  and  public  health,  offer  instruction  to  each  such 
child  in  his  home  or  at  such  place  and  under  such  conditions 
as  the  committee  may  arrange. 

In  every  town  where  there  are  five  or  more  physically 
handicapped  children  unable  to  attend  regular  classes,  but 
who  are  able  to  attend  special  classes  for  physically  handi- 
capped children,  such  children  may  be  given  such  special 
class  training  upon  approval  by  the  department  of  education. 

In  any  town  where  there  is  a  child  of  school  age  resident 
therein  physically  able  to  attend  school,  but  who  is  physi- 
cally handicapped  to  such  an  extent  as  to  prevent  normal 
educational  growth  and  development,  such  child  may  be 
given  that  type  of  training  recommended  by  the  state  de- 
partment of  education. 

If  a  to-wn  furnishing  instruction  under  this  section  to  a 
child  confined  in  a  hospital,  sanatorium  or  similar  institution 
located  therein  is  not  the  legal  residence  of  the  parent  or 
guardian  of  such  child,  the  town  where  the  parent  or  guard- 
ian has  a  legal  residence  shall  pay  tuition  to  the  town  fur- 
nishing such  instruction.  On  or  before  the  fifteenth  day  of 
July  in  each  year  the  to\vn  furnishmg  such  instruction  shall 
submit  to  the  department  an  itemized  statement  of  the  fol- 
lowing items  of  actual  cost  of  instruction  to  children  confined 
in  hospitals,  sanatoria  and  similar  institutions  located  therein 
for  the  preceding  school  year:  teachers,  textbooks,  supplies 
and  general  control.  The  department  shall  determine  the 
reasonableness  of  such  cost,  and  shall,  on  or  before  the  first 
day  of  September  following,  either  notify  said  town  that  the 
cost  is  approved  or  shall  send  to  the  town  its  own  determina- 
tion of  reasonable  cost.  Such  cost  as  approved  or  deter- 
mined shall  be  di\dded  by  the  pupil  days  of  instruction 
given,  and  the  result  shall  constitute  the  daily  tuition  for 
each  pupil  to  be  paid  by  the  to^\^n  where  the  parent  or 
guardian  has  a  legal  residence  to  the  town  furnishing  such 
mstruction. 

Section  2.    Said  chapter  71  is  hereby  amended  by  strik-  Edh'ri"^'' 
ing  out  section  46B,  inserted  by  section  1  of  chapter  296  of  §  46b,  etc., 
the  acts  of  1954,  and  inserting  in  place  thereof  the  following  *™^°^^'^- 
section :  — ■  Section  46B.     If  a  child  of  school  age,   handi-  men't^^cities 
capped  as  described  in  sections  forty-six  and  forty-six  A,  or  f^/ce?t^"n 
afflicted  with  cerebral  palsy,  attends  a  school  approved  by  transportation 
the  department  ■uathin  or  ^\'ithout  the  city  or  town  of  resi-  i;°ed!  *"*  °^' 
dence  of  his  parent  or  guardian,  the  school  committee  of  the 
towTi  where  the  child  resides  may  provide  transportation  once 
each  day  to  and  from  such  school  while  the  child  is  in  at- 
tendance.   The  city  or  town  providing  transportation  under 
this  section  shall  be  eligible  for  reimbursement  for  one  half 
the  cost  of  transportation  upon  determination  by  the  de- 
partment of  amounts  due  in  accordance  wiih.  attested  claims 
by  the  school  committee  on  forms  provided  by  the  depart- 
ment, and  said  reimbursements  shall  be  paid  out  of  the 
proceeds  of  the  tax  on  income .   A pproved  September  18,1 965. 


858  Acts,  1955.  —  Chaps.  773,  774,  775. 


Chap.77S  An  Act  repealing  certain  provisions  relating  to  the 

LOCATION    OF   THE   REFUSE    DISPOSAL   INCINERATOR. 

Be  it  enacted,  etc.,  as  follows: 
Edo  ,■  92^'  Section  1.    Section  9 A  of  chapter  92  of  the  General  Laws 

§9A  etc.,  is  hereby  amended  by  striking  out  the  first  sentence,  as 
amen  e  .  amended  by  section  1  of  chapter  495  of  the  acts  of  1954,  and 
Location  of       inserting  in  place  thereof  the  following  sentence :  —  The  com- 

certain  refuse  •      •  i      1 1  j  ±_  •     i     •  i  ^  x   j^i  •   j_ 

disposal  mission  shall  construct,  maintain  and  operate,  at  the  exist- 

L"uthori^zeT  ^"§  dump  on  Grovc  street  in  the  town  of  Watertown,  pro- 
vided said  town  of  Watertown  accepts  this  section,  on  the 
wastelands  in  the  vicinity  of  the  line  between  the  city  of 
Revere  and  the  toA,vn  of  Saugus,  in  the  vicinity  of  the  Mystic 
Valley  parkway  in  the  city  of  Medford,  such  refuse  disposal 
incinerators  as  shall  be  required  to  provide  adequate  dis- 
posal facilities  for  such  of  the  cities  of  Boston,  Chelsea, 
Everett,  Lynn,  Maiden,  Medford,  Quincy,  Revere  and  Som- 
erville  and  of  the  towns  of  Arlington,  Belmont,  Lexington, 
Milton,  Nahant,  Swampscott,  "Watertown  and  Winthrop  as 
accept  this  section. 

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

Approved  September  14,  1955. 

Chap. 77 4:       An  Act  reviving  joseph  aurelio  costanzo  club. 

preambk^^  Whereas,   The  deferred  operation  of  this  act  would  delay 

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

Joseph  Aurelio  Costanzo  Club,  a  corporation  dissolved  on 
April  twenty-sixth,  nineteen  hundred  and  forty-four,  by 
decree  of  the  supreme  judicial  court  for  Suffolk  county,  is 
hereby  revived,  with  the  same  powers,  duties  and  obliga- 
tions as  if  said  decree  had  not  been  entered. 

Approved  Sepiemher  I4,  1955. 


Chap. 77^  An  Act  relative  to  the  terms  of  certain  bonds  and 
notes  to  be  issued  by  the  commonwealth. 

preambfe''^  TF/icreas,    The  deferred  operation  of  this  act  would  cause 

great  inconvenience  in  the  issues  of  bonds  and  notes  to  carry 
out  the  purposes  of  various  acts  passed  at  the  current  session 
of  the  General  Court,  therefore  it  is  hereby  declared  to  be 
an  emergency  law,  necessary  for  the  immediate  preservation 
of  the  public  safety  and  convenience. 
Be  it  enacted,  etc.,  as  follows: 

Section  1.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  five  of  chapter  four  hundred  and  ten 
of  the  acts  of  the  current  year,  to  include  the  town  of  Ran- 


Acts,  1955.  —  Chap.  775.  859 

dolph  within  the  south  metropolitan  sewerage  district,  shall 
be  issued  for  maximum  terms  of  thirty  years,  as  recom- 
mended by  the  governor  in  a  message  to  the  general  court, 
dated  September  twelfth,  nineteen  hundred  and  fifty-five, 
in  pursuance  of  section  3  of  Article  LXII  of  the  amendments 
to  the  constitution  of  the  commonwealth. 

Section  2.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  five  of  chapter  five  hundred  and  nine- 
teen of  the  acts  of  the  current  year,  providing  for  the  acqui- 
sition and  development  for  a  «tate  park  of  certain  land  and 
buildings  adjacent  to  Lake  Quinsigamond  in  the  city  of 
Worcester  and  the  town  of  Shrewsbury,  shall  be  iseued  for 
maximum  terms  of  ten  years,  the  initial  maturities  of  which 
shall  be  payable  not  later  than  one  year  from  the  date  of 
issue  thereof,  and  the  entire  issue  not  later  than  June  thir- 
tieth, nineteen  hundred  and  seventy,  as  recommended  by 
the  governor  in  a  message  to  the  general  court,  dated  Sep- 
tember twelfth,  nineteen  hundred  and  fifty-five,  in  pursu- 
ance of  section  3  of  Article  LXII  of  the  amendments  to  the 
constitution  of  the  commonwealth. 

Section  3.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  two  of  chapter  five  hundred  and  fifty- 
one  of  the  acts  of  the  current  year,  providing  additional 
funds  to  cover  the  cost  of  certain  sewerage  works  within 
the  south  metropolitan  sewerage  district,  shall  be  issued  for 
maximum  terms  of  thirty  years,  as  recommended  by  the 
governor  in  a  message  to  the  general  court,  dated  September 
twelfth,  nineteen  hundred  and  fifty-five,  in  pursuance  of 
section  3  of  Article  LXII  of  the  amendments  to  the  consti- 
tution of  the  commonwealth. 

Section  4.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  three  of  chapter  five  hundred  and 
seventy-four  of  the  acts  of  the  current  year,  authorizing  the 
metropolitan  district  commission  to  construct  certain  drain- 
age and  flood  control  facilities  in  Stoneham,  Wakefield, 
Melrose,  Maiden,  Everett  and  Revere,  shall  be  issued  for 
maximum  terms  of  forty  years,  the  initial  maturities  of 
which  shall  be  payable  not  later  than  one  year  from  the 
date  of  issue  thereof  and  the  entire  issue  not  later  than 
June  thirtieth,  two  thousand,  as  recommended  by  the 
governor  in  a  message  to  the  general  court,  dated  September 
twelfth,  nineteen  hundred  and  fifty-five,  in  pursuance  of 
section  3  of  Article  LXII  of  the  amendments  to  the  consti- 
tution of  the  commonwealth. 

Section  5.  Not-^dthstanding  any  provision  of  law  to  the 
contrar}",  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  two  of  chapter  five  hundred  and 
eighty-three  of  the  acts  of  the  current  year,  providing  for  cer- 
tain recreational  facihties  at  Horseneck  Beach  in  the  town 
of  Westport,  shall  be  issued  for  maximum  terms  of  thirty 


860  Acts,  1955.  — Chap.  775. 

years  and  shall  be  payable  not  earlier  than  July  first,  nine- 
teen hundred  and  fifty-six,  nor  later  than  June  thirtieth, 
nineteen  hundred  and  eighty-five,  as  recommended  by  the 
governor  in  a  message  to  the  general  court,  dated  September 
twelfth,  nineteen  hundred  and  fifty-five,  in  pursuance  of 
section  3  of  Article  LXII  of  the  amendments  to  the  consti- 
tution of  the  commonwealth. 

Section  6.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  three  of  chapter  five  hundred  and 
eighty-three  oi  the  acts  of  the  current  year,  pro\'iding  for 
certain  recreational  facilities  at  Horseneck  Beach  in  the 
town  of  Westport,  shall  be  issued  for  maximum  terms  of 
ten  years  and  shall  be  payable  not  earlier  than  July  first, 
nineteen  hundred  and  fifty-six,  nor  later  than  June  thirtieth, 
nineteen  hundred  and  sixty-five,  as  recommended  by  the 
governor  in  a  message  to  the  general  court,  dated  September 
twelfth,  nineteen  hundred  and  fifty-five,  in  pursuance  of 
section  3  of  Article  LXII  of  the  amendments  to  the  consti- 
tution of  the  commonwealth. 

Section  7.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  two  of  chapter  six  hundred  and  twenty- 
five  of  the  acts  of  the  current  j^'ear,  authorizing  the  acquisi- 
tion by  the  state  superintendent  of  buildings  of  certain 
premises  to  be  used  by  agencies  of  the  commonwealth,  shall 
be  issued  for  maximum  terms  of  fifteen  years,  and  shall  be 
payable  not  earher  than  July  first,  nineteen  hundred  and 
fifty-seven,  and  not  later  than  June  thirtieth,  nineteen  hun- 
dred and  seventy-three,  as  recommended  by  the  governor 
in  a  message  to  the  general  court,  dated  September  twelfth, 
nineteen  hundred  and  fifty-five,  in  pursuance  of  section  3  of 
Article  LXII  of  the  amendments  to  the  constitution  of  the 
commonwealth. 

Section  8.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  two  of  chapter  six  hundred  and  eighty- 
two  of  the  acts  of  the  current  3^ear,  providing  tunds  for  cer- 
tain repairs  to  the  north  metropolitan  sewer  in  the  city  of 
Chelsea,  shall  be  issued  for  maximum  terms  of  ten  years,  as 
recommended  by  the  governor  in  a  message  to  the  general 
court,  dated  September  twelfth,  nmeteen  hundred  and  fifty- 
five,  in  pursuance  of  section  3  of  Article  LXII  of  the  amend- 
ments to  the  constitution  of  the  commonwealth. 

Section  9.  Notwithstanding  any  pro\dsion  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  two  of  chapter  six  hundred  and  ninety- 
eight,  as  amended,  of  the  acts  of  the  current  year,  providing 
funds  for  highway  work  made  necessary  by  the  floods  caused 
by  the  rains  of  August  eighteen  and  nineteen,  nineteen  hun- 
dred and  fifty-five,  shall  be  issued  for  maximum  terms  of 
twenty  years,  the  initial  maturities  of  which  shall  be  pay- 
able not  later  than  one  year  from  the  date  of  issue  thereof, 


Acts,  1955. —  Chap.  775.  861 

and  the  entire  issue  not  later  than  June  thirtieth,  nineteen 
hundred  and  eighty-one,  as  recommended  by  the  governor 
in  a  message  to  the  general  court,  dated  September  twelfth, 
nineteen  hundred  and  fifty-five,  in  pursuance  of  section  3  of 
Article  LXII  of  the  amendments  to  the  constitution  of  the 
commonwealth. 

Section  10.  Notwithstanding  any  provision  of  law  to 
the  contrary,  the  bonds  which  the  state  treasurer  is  author- 
ized to  issue  under  section  three  of  chapter  six  hundred  and 
ninety-nine  of  the  acts  of  the  current  year,  relative  to  the 
alleviation  of  certain  financial  burdens  imposed  by  the  floods 
caused  by  the  rains  of  August  eighteen  and  nineteen,  nine- 
teen hundred  and  fifty-five,  shall  be  issued  for  maximum 
terms  of  twenty  years,  the  initial  maturities  of  which  shall 
be  payable  not  later  than  one  year  from  their  date  of  issue 
and  shall  be  payable  not  earlier  than  July  first,  nineteen 
hundred  and  fifty-six,  nor  later  than  June  thirtieth,  nineteen 
hundred  and  seventy-seven,  as  recommended  by  the  gov- 
ernor in  a  message  to  the  general  court,  dated  September 
twelfth,  nineteen  hundred  and  fifty-five,  in  pursuance  of  sec- 
tion 3  of  Article  LXII  of  the  amendments  to  the  constitution 
of  the  commonwealth. 

Section  11.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  notes  which  the  state  treasurer  is  authorized 
to  issue  under  section  five  of  chapter  forty-nine  of  the  acts 
of  nineteen  hundred  and  thirty-three,  as  most  recently 
amended  by  section  two  of  chapter  seven  hundred  and 
twenty-six  of  the  acts  of  the  current  year,  further  extend- 
ing the  opportunity  to  cities  and  to\vns  to  borrow  under  the 
act  creating  the  emergency  finance  board,  shall  be  issued 
and  may  be  renewed  one  or  more  times  for  terms  not  exceed- 
ing one  year,  and  the  final  maturities  of  such  notes,  whether 
original  or  renew^al,  shall  be  not  later  than  June  thirtieth, 
nineteen  hundred  and  sixty,  as  recommended  by  the  gov- 
ernor in  a  message  to  the  general  court,  dated  September 
twelfth,  nineteen  hundred  and  fifty-five,  in  pursuance  of  sec- 
tion 3  of  Article  LXII  of  the  amendments  to  the  constitu- 
tion of  the  commonwealth. 

Section  12.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  three  of  chapter  seven  hundred  and 
thirty-one  of  the  acts  of  the  current  year,  authorizing  and 
directing  the  metropolitan  district  commission  to  construct 
and  improve  playgrounds  and  other  recreational  facilities, 
shall  be  issued  for  maximum  terms  of  twenty  j^ears,  the 
initial  maturities  of  which  shall  be  payable  not  later  than 
one  year  from  the  date  of  issue  thereof,  and  the  entire  issue 
not  later  than  June  thirtieth,  nineteen  hundred  and  eighty, 
as  recommended  by  the  governor  in  a  message  to  the  general 
court,  dated  September  twelfth,  nineteen  hundred  and  fifty- 
five,  in  pursuance  of  section  3  of  Article  LXII  of  the  amend- 
ments to  the  constitution  of  the  commonwealth. 

Section  13.    Notwithstanding  any  provision  of  law  to  the 


862  Acts,  1955.  — Chap.  775. 

contrary,  the  notes  which  the  state  treasurer  is  authorized 
to  issue  under  section  three  of  chapter  seven  hundred  and 
thirty-eight  of  the  acts  of  the  current  year,  providing  for  a 
special  capital  outlay  program  for  the  commonwealth,  shall 
be  issued  and  may  be  renewed  one  or  more  times  for  terms 
not  exceeding  one  year,  and  the  final  maturities  of  such 
notes,  whether  original  or  renewal,  shall  be  not  later  than 
June  thirtieth,  nineteen  hundred  and  fifty-eight,  and  the 
bonds  which  the  state  treasurer  is  authorized  to  issue  under 
section  four  of  said  chapter  seven  hundred  and  thirty-eight, 
shall  be  issued  for  maximum  terms  of  twenty  years,  the 
initial  maturities  of  which  shall  be  payable  not  later  than 
one  year  from  the  date  of  issue  thereof,  and  the  entire  issue 
not  later  than  June  thirtieth,  nineteen  hundred  and  eighty, 
as  recommended  by  the  governor  in  a  message  to  the  general 
court,  dated  September  twelfth,  nineteen  hundred  and  fifty- 
five,  in  pursuance  of  section  3  of  Article  LXII  of  the  amend- 
ments to  the  constitution  of  the  commonwealth. 

Section  14.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized  to 
issue  under  section  five  of  said  chapter  seven  hundred  and 
thirty-eight,  to  meet  the  additional  expenditures  necessary 
in  carrying  out  the  provisions  of  chapter  six  hundred  and 
four  of  the  acts  of  nineteen  hundred  and  fifty-two,  shall  be 
issued  for  maximum  terms  of  twenty  years,  the  mitial 
maturities  of  which  shall  be  payable  not  later  than  one 
year  from  the  date  of  issue  thereof,  and  the  entire  issue  not 
later  than  June  thirtieth,  nineteen  hundred  and  eighty,  as 
recommended  by  the  governor  in  a  message  to  the  general 
court,  dated  September  twelfth,  nineteen  hundred  and 
fifty-five,  in  pursuance  of  section  3  of  Article  LXII  of  the 
amendments  to  the  constitution  of  the  commonwealth. 

Section  15.  Notwithstanding  any  provision  of  law  to 
the  contrary,  the  bonds  which  the  state  treasurer  is  author- 
ized to  issue  under  section  six  of  said  chapter  seven  hundred 
and  thirty-eight,  to  meet  the  additional  expenditures  neces- 
sary in  carrying  out  the  provisions  of  chapter  six  hundred 
and  sixty  of  the  acts  of  nineteen  hundred  and  fifty-three, 
shall  be  issued  for  maximum  terms  of  twenty  years,  the  in- 
itial maturities  of  which  shall  be  payable  not  later  than  one 
year  from  the  date  of  issue  thereof,  and  the  entire  issue  not 
later  than  June  thirtieth,  nineteen  hundred  and  eighty,  as 
recommended  by  the  governor  in  a  message  to  the  gen- 
eral court,  dated  September  twelfth,  nineteen  hundred  and 
fifty-five,  in  pursuance  of  section  3  of  Article  LXII  of  the 
amendments  to  the  constitution  of  the  commonwealth. 

Section  16.  Notwithstanding  any  provision  of  law  to  the 
contrary,  the  bonds  which  the  state  treasurer  is  authorized 
to  issue  under  section  seven  of  said  chapter  seven  hundred 
and  thirty-eight,  to  meet  the  additional  expenditures  neces- 
sary in  carrying  out  the  provisions  of  chapter  four  hundred 
and  seventy-one  of  the  acts  of  nineteen  hundred  and  fifty- 
four  or  to  refinance  notes  issued  as  provided  in  section  three 


Acts,  1955.  — Chap.  775.  863 

of  said  chapter  four  hundred  and  seventy-one,  shall  be  is- 
sued for  maximum  terms  of  twenty  years,  the  initial  ma- 
turities of  which  shall  be  payable  not  later  than  one  year 
from  the  date  of  issue  thereof,  and  the  entire  issue  not  later 
than  June  thirtieth,  nineteen  hundred  and  eighty,  as  recom- 
mended by  the  governor  in  a  message  to  the  general  court, 
dated  September  twelfth,  nineteen  hundred  and  fifty-five, 
in  pursuance  of  section  3  of  Article  LXII  of  the  amendments 
to  the  constitution  of  the  commonwealth. 

Section  17.  Notwithstanding  any  provision  of  law  to 
the  contrary,  the  bonds  which  the  state  treasurer  is  author- 
ized to  issue  under  section  eight  of  chapter  seven  hundred 
and  forty-three  of  the  acts  of  the  current  year,  authorizing 
the  metropolitan  district  commission  to  improve  the  Neponset 
river  and  tributaries  thereof,  so  as  to  permit  reclamation  of 
certain  lands  in  the  Neponset  river  valley  and  flood  control 
therein,  and  establishing  the  Neponset  river  drainage  and 
flood  control  apportionment  board,  shall  be  issued  for  max- 
imum terms  of  twenty  years,  the  initial  maturities  of  which 
shall  be  payable  not  later  than  one  year  from  the  date 
of  issue  thereof,  and  the  entire  issue  not  later  than  June 
thirtieth,  nineteen  hundred  and  eighty,  as  recommended  by 
the  governor  in  a  message  to  the  general  court,  dated  Septem- 
ber twelfth,  nineteen  hundred  and  fifty-five,  in  pursuance  of 
section  3  of  Article  LXII  of  the  amendments  to  the  con- 
stitution of  the  commonwealth. 

Section  18.  Notwithstanding  any  provision  of  law  to 
the  contrary,  the  bonds  which  the  state  treasurer  is  au- 
thorized to  issue  under  section  four  of  chapter  seven  hun- 
dred and  sixty-eight  of  the  acts  of  the  current  year,  relative 
to  flood  control  of  the  Charles  river  and  tributaries  thereof, 
shall  be  issued  for  maximum  terms  of  twenty  years  and  the 
initial  maturities  of  such  bonds  shall  be  payable  not  later 
than  one  year  from  the  date  of  issue  thereof  and  the  entire 
issue  not  later  than  June  thirtieth,  nineteen  hmidred  and 
eighty,  as  recommended  by  the  governor  in  a  message  to  the 
general  court,  dated  September  twelfth,  nineteen  hundred 
and  fifty-five,  in  pursuance  of  section  3  of  Article  LXII  of 
the  amendments  to  the  constitution  of  the  commonwealth. 

Section  19.  Notwithstanding  any  provision  of  law  to 
the  contrary,  the  bonds  which  the  state  treasurer  is  au- 
thorized to  issue  under  section  two  of  chapter  seven  hundred 
and  sixty-nine  of  the  acts  of  the  current  year,  authorizing 
the  state  airport  management  board  to  build  an  additional 
hangar  and  shops  at  the  Laurence  G.  Hanscom  Field,  shall 
be  issued  for  maximum  terms  of  twenty-five  years  but  such 
bonds  shall  be  payable  not  earlier  than  July  first,  nineteen 
hundred  and  fifty-six,  nor  later  than  June  thirtieth,  nineteen 
hundred  and  eighty-one,  as  recommended  by  the  governor 
in  a  message  to  the  general  court,  dated  September  twelfth, 
nineteen  hundred  and  fifty-five,  in  pursuance  of  section  3 
of  Article  LXII  of  the  amendments  to  the  constitution  of 
the  commonwealth.  Approved  September  14,  1955. 


864 


Acts,  1955. —  Chaps.  776,  777. 


Chap. 77 6  An  Act  designating  a  portion  of  the  highway  known 

AS  route  3a  as  the  GEORGE  T.  WALSH  HIGHWAY. 

Be  it  enacted,  etc.,  as  follows: 

So  much  of  the  highway  known  as  Route  3A  commencing 
at  Chelmsford  and  running  therefrom  through  Lowell  to 
BurHngton  shall  upon  its  completion  be  designated  and 
known  as  the  George  T.  Walsh  Highway,  and  suitable  tab- 
lets and  markers  bearing  said  designation  shall  be  erected 
thereon  in  appropriate  places  by  the  department  of  public 
works.  Approved  September  14,  1955. 


Chap. 777  An  Act  increasing  maximum  weekly  benefits  under 

THE   workmen's   COMPENSATION  ACT. 


G.  L.  (Ter. 
Ed),  152,  §  34, 
etc.,  amended. 


Weekly 
benefits  for 
total  disability. 


G.  L.  (Ter. 
Ed.),  152, 
§  34A,  etc., 
amended. 


Weekly 
benefits  for 
total  and 
permanent 
disability. 


G.  L.  (Ter. 
Ed.),  162,  §  35, 
etc.,  amended. 


Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  152  of  the  General  Laws  is  hereby 
amended  by  striking  out  section  34,  as  most  recently  amended 
by  section  1  of  chapter  520  of  the  acts  of  1949,  and  inserting 
in  place  thereof  the  following  section :  —  Section  SJf..  While 
the  incapacity  for  work  resulting  from  the  injury  is  total, 
the  insurer  shall  pay  the  injured  employee  a  weekly  compen- 
sation equal  to  two  thirds  of  his  average  weekly  wages,  but 
not  more  than  thirty-five  dollars  nor  less  than  twenty  dol- 
lars a  week,  unless  the  weekly  wages  of  the  injured  employee 
are  less  than  twenty  dollars,  in  which  case  said  weekly  com- 
pensation shall  be  equal  to  his  average  weekly  wages,  but 
not  less  than  ten  dollars  where  the  number  of  normal  work- 
ing hours  of  the  injured  employee  in  a  week  are  fifteen  or 
more;  provided,  that  the  amount  does  not  exceed  ten  thou- 
sand dollars. 

Section  2.  Section  34 A  of  said  chapter  152  is  hereby 
amended  by  striking  out  the  first  paragraph,  as  most  re- 
cently amended  by  section  2  of  said  chapter  520  of  the  acts 
of  1949,  and  inserting  in  place  thereof  the  following  para- 
graph :  —  While  the  incapacity  tor  work  resulting  from  the 
injury  is  both  permanent  and  total,  the  insurer  shall  pay  to 
the  injured  employee,  following  payment  of  the  maximum 
amount  of  compensation  provided  in  sections  thirty-four 
and  thirty-five,  or  either  of  them,  a  weekly  compensation 
equal  to  two  thirds  of  the  average  weekly  wages,  but  not 
more  than  thirty-five  dollars  nor  less  than  twenty  dollars, 
during  the  continuance  of  such  permanent  and  total  in- 
capacity. Application  for  payments  under  this  section  may 
be  made  by  an  injured  employee  before  he  has  received  the 
maximum  compensation  to  which  he  is  or  may  be  entitled 
under  the  aforesaid  sections. 

Section  3.  Said  chapter  152  is  hereby  further  amended 
by  striking  out  section  35,  as  most  recently  amended  by  sec- 
tion 3  of  said  chapter  520  of  the  acts  of  1949,  and  inserting 
in  place  thereof  the  following  section :  —  Section  35.    While 


Acts,  1955.  — Chaps.  778,  779.  865 

the  incapacity  for  work  resulting  from  the  injury  is  partial,  benefit^  for 
the  insurer  shall  pay  the  injured  employee  a  weekly  com-  p^^I^\. 
pensation  equal  to  the  entire  difference  between  his  average    '^'^  ' '  ^' 
weekly  wage  before  the  injury  and  the  average  weekly  wage 
he  is  able  to  earn  thereafter,  but  not  more  than  thirty-five 
dollars  a  week;  and  the  amount  of  such  compensation  shall 
not  be  more  than  ten  thousand  dollars. 

Approved  September  14,  1955. 


An  Act  providing  foe  the  transfer  of  certain  metro-  (JJiaj)  778 

POLITAN   district   COMMISSION   LAND. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  metropolitan  district  commission,  act- 
ing on  behalf  of  the  commonwealth,  is  hereby  authorized 
and  empowered  to  sell  and  transfer  in  whole  or  in  part  to 
the  New  York,  New  Haven  and  Hartford  Railroad  for  a 
sum  not  less  than  fifteen  thousand  dollars  per  acre  approxi- 
mately nine  and  one  half  acres  of  land  of  the  common- 
wealth, under  its  care  and  control,  in  the  Neponset  River 
Reservation  in  the  towns  of  Dedham  and  Westwood  and 
lying  in  the  area  bounded  southeasterly  by  the  location  of 
the  New  York,  New  Haven  and  Hartford  Railroad  right  of 
way  and  northeasterly  by  the  new  location  of  Route  128; 
provided,  that  no  part  of  said  land  shall  be  sold  or  conveyed 
under  the  authority  of  this  act  until  the  commissioner  of  the 
department  of  public  works  certifies  in  writing  to  the  said 
commission  that  the  land  proposed  to  be  sold  is  not  needed 
for  highway  purposes. 

Section  2.  The  proceeds  from  this  sale  shall  be  deposited 
by  the  metropolitan  district  commission  in  the  special 
account  provided  for  by  section  forty-eight  of  chapter 
ninety-two  of  the  General  Laws. 

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

Approved  September  15,  1955. 


An  Act  relative  to  the  reconstruction  of  a  sewage  Qjid^p  'j'jQ 
treatment  plant  in  the  town  of  southbridge   de-  * 

molished  by  the  recent  flood. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  the  provisions  of  any  special  or  general 
law  to  the  contrary,  in  order  to  provide  needed  relief  to  the 
town  of  Southbridge,  the  board  created  under  section  four 
of  chapter  six  hundred  and  ninety-nine  of  the  acts  of  the 
current  year  is  hereby  authorized  and  directed  to  supple- 
ment any  federal  funds  received  for  the  purpose  of  con- 
structing a  new  sewage  treatment  plant  in  said  town,  as 
ordered  by  the  state  department  of  public  health,  to  replace 
the  plant  demohshed  by  the  recent  flood.    The  total  contribu- 


866 


Acts,  1955. —  Chap.  780. 


tion  of  the  commonwealth  when  combined  with  funds  re- 
ceived from  the  federal  government  for  the  purposes  of 
this  act  shall  not  exceed  four  hundred  and  fifty  thousand 
dollars;  and  the  expenditures  authorized  by  the  board  for 
the  purpose  of  this  act  shall  be  construed  to  be  relief  granted 
under  the  provisions  of  said  section  four  of  chapter  six 
hundred  and  ninety-nine  of  the  acts  of  the  current  year. 

Approved  September  15,  1955. 


G.  L.  (Ter. 
Ed.),  62,  new 
§  5 A,  added. 

Taxation  of 
earned  income 
of  non- 
residents. 


Chap. ISO  An  Act  relative  to  the  taxation  of  income  earned  in 

THE    COMMONWEALTH   BY   NON-RESIDENTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  Chapter  62  of  the  General  Laws  is  hereby 
amended  by  inserting  after  section  5  the  following  section :  — 
Section  5 A.  Income  received  or  earned  within  the  common- 
wealth, during  the  preceding  calendar  year,  by  any  natural 
person  not  an  inhabitant,  resident  or  citizen  of  the  com- 
monwealth, shall  be  taxed  according  to  the  following  pro- 
visions :  — 

(a)  As  used  in  this  chapter,  the  word  "resident"  or  "in- 
habitant" shall  mean  every  natural  person  domiciled  in  the 
commonwealth.  The  word  "non-resident"  shall  mean  any 
natural  person  whose  domicile  is  outside  of  the  common- 
wealth. 

{b)  The  provisions  of  this  section  shall  not  apply  to  the 
compensation  paid  by  the  United  States  of  America  to  its 
uniformed  military,  air  force  and  naval  personnel,  assigned 
to  duty  at  military  posts,  military  air  bases  and  naval  sta- 
tions within  the  commonwealth,  for  services  rendered  by 
said  personnel  when  on  active  dut3^ 

(c)  On  the  am^ounts  by  which  income  derived  by  non- 
residents from  professions,  employment,  trade  or  business, 
as  defined  in  section  six,  and  carried  on  in  person  or  by  a 
partnership,  association  or  trust,  of  which  he  is  a  member, 
within  the  commonwealth,  exceeds  the  exemptions  provided 
by  this  section,  there  shall  be  levied,  assessed  and  collected 
a  tax  at  the  rate  prescribed  by  subsection  (&)  of  section  five. 
Said  non-residents  shall  be  entitled  to  the  same  deductions 
and  exemptions  under  this  chapter  generally,  as  are  in- 
habitants, except  in  the  instance  of  a  non-resident,  such 
deductions  as  are  allowable  in  accordance  with  the  provisions 
of  section  six  are  limited  to  that  portion  associated  with  the 
production  of  taxable  income  within  the  commonwealth.  In 
determining  such  income,  the  rental  value  of  living  quarters 
furnished  to  any  non-resident  as  part  of  his  compensation 
shall  be  included.  Retirement  allowances,  however  de- 
scribed, from  the  commonwealth,  or  any  county,  city,  town 
or  district  thereof,  or  from  any  person  or  entity,  including  a 
present  or  former  employer  of  the  recipient,  shall  be  exempt 
from  taxation  under  this  section. 

{d)  In  the  event  a  non-resident  individual  fails  to  file 


Acts,  1955.  — Chap.  780,  867 

a  return  of  the  income  derived  by  hitn  from  sources  within 
the  commonwealth,  as  required  by  section  twenty-two,  the 
tax  imposed  by  this  section  shall  be  collected  on  the  basis 
of  his  gross  income  from  sources  within  the  commonwealth. 
The  commissioner  shall  cause  an  estimate  of  the  taxable  in- 
come of  such  non-resident  taxpayer  to  be  made,  such  estimate 
to  include  the  income  of  such  a  non-resident  from  professions, 
employment,  trade  or  business  carried  on  within  the  com- 
monwealth concerning  which  the  commissioner  has  in- 
formation, and  for  such  purpose  may  examine  or  cause  to  be 
examined  the  books,  accounts  and  records  of  such  taxpayer, 
if  the  same  are  within  the  commonwealth,  and  may  compute 
the  tax  of  such  non-resident  taxpayer  without  allowance  for 
deductions  or  exemptions  and  with  penalties  and  interest. 

Section  2.    The  first  paragraph  of  section  6  of  said  chap-  g.  l.  (Xer. 
ter  62,  as  most  recently  amended  by  chapter  611  of  the  acts  ^tc.■^amended. 
of  1954,  is  hereby  further  amended  by  inserting,  in  line  2, 
after  the  word  "five"  the  words:  —  and  subsection  (c)  of 
section  five  A,  —  and  by  inserting,  in  line   10,  after  the 
word  "five"  the  words:  —  or  subsection  (c)  of  section  five  A. 

Section  2A.    Said  chapter  62  is  hereby  further  amended  g.  l.  (Ter. 
by  inserting  after  section  6  the  following  section:  —  Section  §6a,  ad'ded!^ 
6 A.    A  credit  shall  be  allowed  against' taxes  imposed  on  in-  certain  credits 
come  derived  from  professions,  employment,  trade  or  busi-  allowed,  etc. 
ness,  as  defined  in  section  six,  to  a  resident  for  taxes  paid  to 
any  other  state  on  that  part  of  such  income  earned  in  such 
other  state,  subject  to  the  following  restrictions  and  limita- 
tions: 

(a)  If  the  credit  allowed  by  this  section  is  claimed,  the 
deduction  specified  in  subsection  (c)  of  section  six  for  taxes 
paid  to  any  other  state  shall  not  be  allowed. 

(6)  The  amount  of  taxes  paid  on  such  income  shall  exclude 
interest  and  penalties. 

(c)  The  amount  of  credit  allowed  shall  be  the  lesser  of  the 
following : 

(1)  the  amount  of  such  taxes  paid  to  any  other  state,  or 

(2)  the  result  of  a  fraction,  whose  numerator  is  the  total 
amount  of  all  items  of  such  income  taxed  by  any  other  state 
and  whose  denominator  is  the  total  amount  of  all  items  of 
such  income,  multiplied  by  the  tax  computed  on  income 
defined  in  section  six. 

Section  3.     Section  10  of  said  chapter  62,  as  most  re-  g.  l.  (Ter. 
cently  amended  by  section  2  of  chapter  592  of  the  acts  of  ^tl! 'amended. 
1955,  is  hereby  further  amended  by  adding  at  the  end  the 
following  paragraph :  — 

The  income  received  from  professions,  emplojinent,  trade  Taxation  on 
or  business  carried  on  within  the  commonwealth  by  estates  estates  of"™ 
held  in  trust  or  other  fiduciaries,  within  or  without  the  com-  deceased  non- 
monwealth,  under  the  will  of  a  person  who  was  not  a  resident 
of  the  commonwealth  at  the  time  of  his  death,  shall  be  taxed 
at  the  same  rate  and  in  the  same  manner  as  is  provided  in 
section  five  A,  and  subject  to  the  same  exemptions  and 
deductions. 


868 


Acts,  1955. —  Chap.  780. 


G.  L.  (Ter. 
Ed.),  62.  §  17, 
amended. 

Tax  on  certain 

partnership 

income. 


G.  L.  (Ter. 
Ed.).  62,  §  22, 
etc.,  amended. 


Annual  return 
of  non- 
residents. 


G.  L.  (Ter. 
Ed.),  62,  §  33, 
etc.,  amended. 


G.  L.  (Ter. 
Ed.),  68,  §  18. 
etc.,  amended. 


Section  4.  Sai(i  chapter  62  is  hereby  further  amendeci 
by  striking  out  section  17,  as  appearing  in  the  Tercentenary 
Edition,  and  inserting  in  place  thereof  the  following  section: 
—  Section  1 7.  Partnerships  having  a  usual  place  of  business 
in  the  commonwealth  shall  be  subject  to  the  tax  as  imposed 
by  this  chapter. 

The  entire  income  derived  from  the  profession,  employ- 
ment, trade  or  business  of  the  partnership,  as  defined  in 
section  six,  shall  be  taxed  at  the  rate  prescribed  by  sub- 
section (6)  of  section  five. 

For  the  purposes  of  taxing  income  from  sources  defined  in 
section  one,  subsection  (a)  of  section  five  and  subsection  (c) 
of  section  five,  only  so  much  of  such  income  as  is  assignable 
to  partners  who  are  inhabitants  of  the  commonwealth  shall 
be  taxed.  In  order  to  determine  the  income  from  such 
sources  which  shall  be  taxed,  the  total  income  from  such 
sources  shall  be  multiplied  by  a  fraction  whose  numerator  is 
the  aggregate  interest  of  the  partners  who  are  inhabitants  of 
the  commonwealth  and  whose  denominator  is  the  aggregate 
interest  of  all  partners. 

The  tax  shall  be  assessed  on  such  a  partnership  by  the 
name  under  which  it  does  business,  and  the  partners  shall 
not  be  taxed  with  respect  to  income  derived  by  them  from 
such  partnership. 

Section  5.  Section  22  of  said  chapter  62,  as  most  recently 
amended  by  section  1  of  chapter  648  of  the  acts  of  1954,  is 
hereby  further  amended  by  adding  at  the  end  the  following 
paragraph :  — 

Eveiy  non-resident  subject  to  section  five  A  whose  an- 
nual income  from  professions,  employment,  trade  or  business, 
as  defined  in  section  six,  carried  on  in  person  or  by  a  partner- 
ship, association  or  trust,  of  which  he  is  a  member,  within 
the  commonwealth  shall  exceed  two  thousand  dollars  shall 
annually  make  a  return  of  his  income  from  these  sources. 

Section  6.  The  first  paragraph  of  section  33  of  said  chap- 
ter 62,  as  most  recently''  amended  by  section  1  of  chapter  391 
of  the  acts  of  1954,  is  hereby  further  amended  by  inserting 
after  the  word  "in",  in  line  6,  the  words:  —  or  gainfully  em- 
ployed by  him  in. 

Section  7.  The  additional  tax  imposed  under  section  two 
of  chapter  seven  hundred  and  seven  of  the  acts  of  nineteen 
hundred  and  fifty-five  shall  apply  to  the  net  income  as  de- 
fined in  subsection  (c)  of  section  five  A  of  chapter  sixty-two 
of  the  General  Laws. 

Section  8.  The  surtaxes  imposed  under  section  nine  of 
chapter  seven  hundred  and  twenty-nine  of  the  acts  of  nine- 
teen hundred  and  forty-one  and  the  surtaxes  imposed  un- 
der section  five  of  chapter  seven  hundred  and  seven  of  the 
acts  of  nineteen  hundred  and  fifty-five  shall  apply  to  taxes 
imposed  by  section  five  A  of  chapter  sixty-two  of  the  Gen- 
eral Laws. 

Section  9.  Section  18  of  chapter  58  of  the  General  Laws 
is  hereby  amended  by  inserting  after  the  word  "refunds",  in 


Acts,  1955.  — Chaps.  781,  782,  783.  869 

line  16,  as  appearing  in  section  4  of  chapter  735  of  the  acts  of 
1945,  the  following  words:  —  ,  a  sum  determined  by  the  state 
tax  commission  to  be  the  equivalent  of  the  tax  derived  from 
the  taxation  of  income  from  professions,  employment,  trade 
or  business  income  of  non-residents. 

Section  10.  This  act  shall  take  effect  on  January  first, 
nineteen  hundred  and  fifty-six,  and  shall  apply  to  all  income 
defined  in  section  six  of  chapter  sixty-two  of  the  General  Laws 
and  received  during  the  calendar  year  nineteen  hundred  and 
fifty-five  and  thereafter.         Approved  September  16,  1955. 

An  Act  extending  the  statute  of  limitations  relating  Chap.781 
TO  robbery  and  certain  related  crimes. 

Be  it  enacted,  etc.,  as  folloivs: 

Section  1.     Section  63  of  chapter  277  of  the  General  G^L.(Ter^^ 
Laws,  as  appearing  in  the  Tercentenary  Edition,  is  hereby  amended.' 
amended  by  inserting  after  the  first  sentence  the  following 
sentence :  —  An  indictment  for  the  crime  or  crimes  set  forth  statute  of 

,  •!,  .,  Til  i-  umitations  on 

m  sections  seventeen,  eighteen,  nineteen  a)id  twentj^-one  oi  indictments  for 

chapter  two  hundred  and  sixty-five,  or  for  conspiracy  to  '■°'^^^'">''  ''^°- 

commit  such  crime  or  crimes,  or  as  accessory  thereto,  or 

any  one  or  more  of  them  may  be  found  and  filed  within 

ten  years  of  the  date  of  commission  of  said  crime  or  crimes.  • 

Section  2.  The  second  sentence  of  section  sixty-three  of 
chapter  two  hundred  and  seventy-seven  of  the  General  Laws, 
as  appearing  in  section  one  of  this  act,  shall  apply  to  indict- 
ments for  such  crimes  committed  within  the  six  years  next 
prior  to  the  effective  date  of  this  act  as  well  as  thereafter. 

Approved  September  16,  1955. 

An  Act  providing  for  the  number  of  appointees  of  the  (Jfidnj  782 
sergeant-at-arms  of  the  general  court. 

Be  it  enacted,  etc.,  as  follows: 

Section  19  of  chapter  3  of  the  General  Laws,  as  most  re-  q.  l.  (Ter. 
cently  amended  by  section  3  of  chapter  806  of  the  acts  of  et'c.!'araeided. 
1949,  is  hereby  further  amended  by  striking  out,  in  line  3, 
the  word  "sixty"  and  inserting  in  place  thereof  the  word:  — 
sixt3'-one, — so  as  to  read  as  follows:  —  Section  19.     The  Number  of 
number  of  doorkeepers,  assistant  doorkeepers,  general  court  ^''rge'a"n^rt-°^ 
officers  and  pages  of  the  senate  and  of  the  house  shall  not  armaof 
exceed  sixty-one  in  all.  Approved  September  16,  1955.      ^^'*"*  °°^  • 

An  Act  authorizing  the  mayor  of  the  city  of  woburn  nhnr.  yoo 

TO  ENTER  INTO  A  CONTRACT  WITH  LOUIS  PROIA  CONSTRUC-  ^' 

TION  CO.,  INC.  FOR  THE  CONSTRUCTION  OF  A  SCHOOL  BUILD- 
ING  IN   SAID    CITY. 

Be  it  enacted,  etc.,  as  follows: 

Notwithstanding  the  provisions  of  section  forty-four  B 
of  chapter  one  hundred  and  forty-nine  of  the  General  Laws 
requiring  the  award  of  any  contract  by  a  city  for  the  con- 


870  Acts,  1955.  — Chap.  784. 

struction,  reconstruction,  alteration,  remodeling  or  repair 
of  any  public  building  estimated  to  cost  more  than  one 
thousand  dollars  to  be  made  within  thirty  days  after  the 
opening  of  bids  therefor,  the  mayor  of  the  city  of  Woburn 
is  hereby  authorized  to  enter  into  a  contract  with  the  Louis 
Proia  Construction  Co.,  Inc.,  a  IMassachusetts  corporation, 
for  the  construction  of  a  school  in  said  citj''  to  be  known  as 
the  Daniel  P.  Hurld  Elementary  School,  which  contract 
shall  be  based  on  the  bid  submitted  by  said  corporation, 
which  bid  was  the  lowest  bid  submitted. 

Approved  September  16,  1955. 

Chap. 7 S^  An  Act  in  addition  to  the  general  appropriation  act 

MAKING  APPROPRIATIONS  TO  SUPPLEMENT  CERTAIN  ITEMS 
contained  THEREIN,  AND  FOR  CERTAIN  NEW  ACTIVITIES 
AND  PROJECTS. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  To  provide  for  supplementing  certain  items 
in  the  general  appropriation  act,  and  for  certain  new  activi- 
ties and  projects,  the  sums  set  forth  in  section  two,  for  the 
particular  purposes  and  subject  to  the  conditions  stated 
therein,  are  hereby  appropriated  from  the  general  fund  or 
ordinary  revenue  of  the  commonwealth,  unless  some  other 
source  of  revenue  is  expressed,  subject  to  the  provisions  of 
law  regulating  the  disbursement  of  public  funds  and  the 
approval  thereof,  for  the  fiscal  year  ending  June  thirtieth, 
nineteen  hundred  and  fifty-six,  in  this  act  referred  to  as  the 
year  nineteen  hundred  and  fifty-six,  or  for  such  period  as 
may  be  specified,  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. 

Senate. 

Item 
0101-02     For  the  salary  of  the  clerk  of  the  senate        .  $1,520  00 

0101-03     For  the  salary  of  the  assistant  clerk  of  the 

senate 1,120  00 

0101-04     For  clerical  assistance  to  the  clerk  of  the 
senate,  including  not  more  than  two  per- 
manent positions     .....  1,500  00 
0101-05     For  the  salary  of  the  chaplain  of  the  senate  770  00 
0101-30     For  expenses  of  senators,  including  travel, 

prior  appropriation  continued  .  .  .  8,000  00 

0101-52     For  expenses  of  the  committee  on  rules  on 

the  part  of  the  senate      .         .  .  160  00 

House  of  Representatives. 

0102-01     For    the    compensation    of    representatives, 

prior  appropriation  continued  .  $2,450  00 

0102-05     For  the  salary  of  the  chaplain  of  the  house  of 

representatives        .....  770  00 


Acts,  1955.  —  Chap.  784.  871 

Item 

0102-06  For  personal  services  of  the  counsel  to  the 
house  of  representatives  and  assistants,  in- 
cluding not  more  than  seven  permanent 
positions         .  .  .  .  .  .  S5,000  00 

0102-20  For  certain  payments  aa  authorized  by  chap- 
ters forty-three,  sixty-one  and  sLxty-two  of 
the  resolves  of  the  current  year         .  .  24,550  00 

0102-30     For   expenses   of   representatives,    including 

travel,  prior  appropriation  continued  ,  45,000  00 

Sergeant^at-Arms. 

0103-04  Item  0103-04  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  herebj^  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  the  salaries  of  assistant  doorkeepers  of 
the  senate  and  house  of  representatives  and 
of  general  court  officers,  with  the  approval 
of  the  sergeant-at-arms,  including  not  more 
than  thirt5'-three  permanent  positions        .  $4,490  00 

0103-05  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 18,000  00 

0103-51  For  contingent  expenses  of  the  senate  and 
house  of  representatives  and  necessary  ex- 
penses in  and  about  the  state  house,  with 
the  approval  of  the  sergeant-at-arms,  prior 
appropriation  continued  ....  10,000  00 

Legislative  Research  Council. 

0104-01     For  expenses  of  the  legislative  research  coim- 

cil $500  00 

0104-02  For  personal  services  and  other  expenses  of 
the  legislative  research  bureau,  as  author- 
ized by  chapter  six  hundred  and  seven  of 
the  acts  of  nineteen  hundred  and  fifty-four; 
provided,  that  the  unexpended  balance  re- 
maining in  item  0104-01  of  section  two  of 
chapter  six  hundred  and  eightj^-seven  of 
the  acts  of  nineteen  hundred  and  fifty-four 
is  hereby  transferred  and  made  available 
for  the  purposes  of  this  item    .         .         .  30,000  00 

Other  Expenses. 

0110-11  For  the  compilation,  indexing,  annotating, 
printing  and  distribution  of  veterans'  laws 
subject  to  the  joint  committee  on  rules  as 
provided  by  a  joint  order  .  .  ,  $3,000  00 

0110-12  For  the  emergency  services  of  a  physician, 
for  medical  supplies  in  the  state  house  and 
for  expenses  including  the  purchase  of 
equipment  in  connection  therewith,  sub- 
ject to  the  approval  of  the  joint  committee 
on  rules;  provided  that  section  twenty-one 
of  chapter  thirty  of  the  General  Laws  shall 
not  apply  to  the  payments  made  under 
this  item 500  00 

0110-17     For  certain  renovations  to  the  house  chamber 

and  adjoining  rooms        ....  1,000  00 


872 


Acts,  1955. —  Chap.  784. 


ItMD 

0110-44 


0110-59 


0110-60 


For  an  investigation  and  study  by  the  com- 
mittee on  conservation  relative  to  estab- 
lishing a  state  park  and  reservation,  as  au- 
thorized by  chapter  one  hundred  and 
eleven  of  the  resolves  of  the  current  year  $1,000  00 

For  expenses  of  the  joint  committee  on  pen- 
sions and  old  age  assistance,  as  authorized 
by  an  order  of  the  two  branches  for  the 
year  nineteen  hundred  and  fifty-six  and 
the  previous  year    .  .  .  .  1,297  00 

For  an  investigation  and  study  of  the  reor- 
ganization of  the  correctional  system  of  the 
commonwealth,  as  authorized  by  chapter 
one  hundred  and  thirty-two  of  the  resolves 
of  the  current  year  ....  20,000  00 


Special  Investigations. 

0239-00  For  the  continuation  of  an  investigation  and 
study  by  the  special  commission  on  taxa- 
tion, as  authorized  by  chapter  thirty-two 
of  the  resolves  of  the  current  year  and  for 
an  investigation  and  study  relating  to  the 
equahzation  and  apportionment  as  a  basis 
of  levying  state  and  county  taxes,  as 
authorized  by  chapter  eighty-one  of  the 
resolves  of  the  current  year      .  .  .  $10,000  00 

0245-00  For  an  investigation  and  study  relative  to 
training  facilities  for  retarded  children, 
as  authorized  bj'  chapter  one  hundred  and 
fourteen  of  the  resolves  of  the  current 
year 3,000  00 

0255-02  For  an  investigation  and  study  of  the  feasi- 
bility of  erecting  a  memorial  in  honor  of 
Maurice  J.  Tobin,  as  authorized  by  chapter 
fortj^-six  of  the  resolves  of  the  current  year  7,000  00 

0255-06  For  an  investigation  and  study  of  the  method 
of  committing  persons  to  mental  hospitals 
and  the  care,  treatment  and  release  or  dis- 
charge of  the  same,  as  authorized  by  chap- 
ter one  hundred  and  nine  of  the  resolves  of 
the  current  year;  provided  that,  notwith- 
standing any  other  provision  of  law  to  the 
contrary,  the  commission  estabUshed  by 
chapter  one  hundred  and  eight  of  the  re- 
solves of  nineteen  hundred  and  fifty-four 
and  continued  by  chapter  thirty-five  of  the 
resolves  of  nineteen  hundred  and  fifty-five 
may  expend  funds  reserved  under  item 
0255-06  of  chapter  six  hundred  and  eighty- 
seven  of  the  acts  of  nineteen  hundred  and 
fifty-four  for  expenses  incurred  during  the 
period  between  January  nineteenth,  nine- 
teen hundred  and  fifty-five  and  April  sixth, 
nineteen  hundred  and  fifty-five         .         .  5,000  00 

0256-01  For  an  investigation  and  study  of  certain 
matters  pertaining  to  the  blind,  as  author- 
ized by  chapter  twenty-two  of  the  resolves 
of  the  current  year  ....  7,500  00 

0256-02  For  an  investigation  and  study  relative  to 
making  improvements  to  portions  of  the 
Blackstone  river,  as  authorized  by  chap- 
ter seventy-two  of  the  resolves  of  the  cur- 
rent year 2,000  00 


Acts,  1955.  — Chap.  784. 


873 


Item 
0256-03 


0256-04 


0256-05 


0256-OG 


0256-07 


0256-08 


0256-09 


0256-10 


0256-11 


0256-12 


0256-13 


0256-14 


0256-15 


For  an  investigation  and  study  relative  to  the 
establishment  of  uniform  boat  regulations, 
as  authorized  by  chapter  seventy-three  or 
the  resolves  of  the  current  year         .  .  $250  00 

For  an  investigation  and  study  of  local 
transit  companies,  as  authorized  by  chap- 
ter seventy-seven  of  the  resolves  of  the 
current  year  .....  2,500  00 

For  an  investigation  and  study  relative  to 
certain  provisions  of  fire  insurance  policies, 
as  authorized  by  chapter  eighty  of  the  re- 
solves of  the  current  year         .  .  .  1,500  00 

For  an  investigation  and  study  relative  to 
hunting  and  fishing  within  the  common- 
wealth and  certain  related  matters,  as 
authorized  by  chapter  eighty-four  of  the 
resolves  of  the  current  year      .  .  .  2,000  00 

For  an  investigation  and  study  of  state  and 
local  relationships  in  government,  as  au- 
thorized by  chapter  eighty-six  of  the  re- 
solves of  the  current  year  .  .  .  2,500  00 

For  an  investigation  and  study  of  a  state 
medical  and  dental  school,  as  authorized  by 
chapter  eighty-seven  of  the  resolves  of  the 
current  year 3,000  00 

For  an  investigation  and  study  relative  to  a 
steel  mill  and  atomic  plants  within  the 
commonwealth,  as  authorized  by  chapter 
eighty-eight  of  the  resolves  of  the  current 
year 500  00 

For  an  investigation  and  study  relative  to 
the  advancement  in  grade  and  maximum 
salary  rates  for  certain  state  officers 
and  employees,  as  authorized  by  chapter 
ninety-three  of  the  resolves  of  the  current 
year 100  00 

For  an  investigation  and  study  relative  to 
the  leasing  of  privately  owned  buildings 
or  the  necessity  of  a  new  state  office  build- 
ing, as  authorized  by  chapter  ninety-four 
of  the  resolves  of  the  current  year    .         .  500  00 

For  an  investigation  and  study  of  the  indus- 
trial and  economic  development  of  the 
commonwealth,  as  authorized  by  chapter 
ninety-six  of  the  resolves  of  the  current 
year 10,000  00 

For  an  investigation  and  study  relative  to 
establishing  the  uniform  commercial  code, 
as  authorized  by  chapter  eighty-nine  of  the 
resolves  of  the  current  year      .  .  .  200  00 

For  an  investigation  and  study  relative  to 
the  administration  of  health  and  welfare 
trust  funds,  as  authorized  by  chapter  one 
himdred  and  seven  of  the  resolves  of  the 
current  year 2,000  00 

For  expenses  of  the  commission  authorized 
to  arrange  appropriate  exercises  to  com- 
memorate the  one  hundred  and  seventy- 
fifth  anniversary  of  the  adoption  of  the 
constitution  of  the  commonwealth,  as  au- 
thorized by  chapter  seventy-six  of  the  re- 
Bolvee  of  the  current  year         .         .         .  5,000  00 


874 


Acts,  1955.— Chap.  784. 


Item 
0256-16 


0256-17 


0256-18 


0298-00 


For  an  investigation  and  study  relative  to 
putting  power  lines  underground  and  to 
other  related  problems,  as  authorized  by 
chapter  one  hundred  and  thirteen  of  the 
resolves  of  the  current  yea,T      .  _ .         $25,000  00 

For  an  investigation  and  studj^  of  certain 
matters  relating  to  retirements  and  pen- 
sions, as  authorized  by  chapter  one  hun- 
dred and  twenty-eight  of  the  resolves  of 
the  current  year      .....  2,000  00 

For  an  investigation  and  study  relative  to 
the  miUtia  laws  and  the  veterans'  laws  of 
the  commonwealth,  as  authorized  by  chap- 
ter one  hundred  and  thirty-three  of  the 
resolves  of  the  current  year      .  .  .  2,000  00 

For  an  investigation  and  study  of  com- 
munism in  the  commonwealth,  as  author- 
ized by  chapter  fifty-two  of  the  resolves 
of  the  current  year  ....  40,000  00 


Service  of  the  Judiciary. 

Supreme  Jitdicial  Court. 

0301-01  For  the  salaries  of  the  chief  justice  and  of  the 
six  associate  justices        .... 

0301-03  For  the  salary  of  the  clerk  for  the  common- 
wealth ....... 


$20,417  00 
3,234  00 


Superior  Court. 

0305-01  For  the  salaries  of  the  chief  justice  and  of 
the  thirty-one  justices      .... 

0305-02  Item  0305-02  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  adding  at  the 
end  thereof  the  words:  —  ,  prior  appro- 
priation continued  ..... 

Probate  and  Insolvency  Courts. 

For  the  salaries  of  judges  of  probate,  regis- 
ters of  probate,  assistant  registers  and 
clerical  assistance  to  registers  of  the 
several  counties: 

Barnstable: 

0321-01        Judge  of  probate 

0321-02        Register 

0321-03         Assistant  register 

0321-04         Clerical  assistance  to  register,  including  not 
more  than  three  permanent  positions 

Berkshire: 

0322-01         Judge  of  probate 

0322-02        Register 

0322-03        Assistant  register 

Bristol: 
0323-01        Two  judges  of  probate     .... 

0323-02        Register 

0323-03        Two  assistant  registers    .... 


$81,500  00 


2,200  00 


$1,667  00 
334  00 
334  00 

1,735  00 


1,667  00 
334  00 
334  00 


2,500  00 
334  00 
667  00 


Acts,  1955. —  Chap.  784. 


875 


Item 

Dukes: 

0324-01         Judge  of  probate $417  00 

0324-02        Register 334  00 

Essex: 

0325-01        Two  judges  of  probate     ....  2,500  00 

0325-02        Register 334  00 

0325-03        Three  assistant  registers           .         .         .  1,000  00 

Franklin : 

0326-01        Judge  of  probate 1,667  00 

0326-02        Register 334  00 

0326-03        Assistant  register 334  00 

Hampden : 

0327-01        Two  judges  of  probate     .         .         .         .  2,500  00 

0327-02        Register 334  00 

0327-03        Tliree  assistant  registers           .         .         .  1,000  00 

Hampshire: 

0328-01        Judge  of  probate 1,667  00 

0328-02        Register 334  00 

0328-03        Assistant  register 334  GO 

Middlesex: 

0329-01        Three  judges  of  probate  .         .         .         .  2,500  00 

0329-02        Register 334  00 

0329-03        Five  assistant  registers    ....  1,667  00 
0329-04        Clerical  assistance  to  register,  including  not 

more  than  forty  permanent  positions      .  7,890  00 

Nantucket: 

0330-01        Judge  of  probate 417  00 

0330-02        Register 334  00 

Norfolk: 

0331-01        Two  judges  of  probate     ....  1,667  00 

0331-02        Register 334  00 

0331-03        Three  assistant  registers           .         .         .  1,000  00 

Plymouth: 

0332-01        Judge  of  probate 1,667  00 

0332-02        Register 334  00 

0332-03        Assistant  register 334  00 

0332-04         Clerical   assistance  to  register,    including 

not  more  than  seven  permanent  positions  1,728  00 

Suffolk: 

0333-01        Three  judges  of  probate  ....  2,625  00 

0333-02        Register 334  00 

0333-03        Five  assistant  registers    ....  1,667  00 

Worcester : 

0334-01        Two  judges  of  probate     .         .         .         .  2,500  00 

0334-02        Register 334  00 

0334-03        Three  assistant  registers           .         .  1,000  00 

Land  Court. 

0340-01  For  the  salaries  of  the  judge,  associate  judges 
and  the  recorder,  including  not  more  than 
four  permanent  positions  .  .  .  $10,000  00 

0340-02  For  the  service  of  the  land  court,  including 
not  more  than  thirty-six  permanent  posi- 
tions      8,270  00 


876 


Acts,  1955.  —  Chap.  784. 


Item 


0350-01 


0351-01 


0356-01 


District  Attorneys. 

Item  0350-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  Suffolk  district,  including 
not  more  than  twenty-five  permanent  posi- 
tions     . $37,500  00 

Item  0351-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  northern  district,  includ- 
ing not  more  than  eleven  permanent  posi- 
tions       19,336  00 

Item  0356-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 

For  the  salaries  of  the  district  attorney  and 
assistants  for  the  western  district,  includ- 
ing not  more  than  four  permanent  posi- 
tions       2,500  00 


Service  of  the  Executive  Department. 

Governor. 

0401-02    For  the  salaries  of  officers  and  emploj-ees  in 

the  governor's  office         .         .         .         .  $2,160  00 

Lieutenant-Governor. 
0402-01     For  the  salary  of  the  lieutenant-governor     .  $3,000  00 


Civil  Defense  Agency. 

0406-01  For  the  service  of  the  civil  defense  agency,  as 
authorized  by  chapter  six  hundred  and 
thirty-nine  of  the  acts  of  nineteen  hundred 
and  fifty  and  chapter  five  hundred  and 
twenty-two  of  the  acts  of  nineteen  hundred 
and  fifty-one  as  further  amended  by  chap- 
ter four  hundred  and  ninety-one  of  the  acts 
of  nineteen  hundred  and  fifty-three  . 

0406-07  For  matching  certain  funds  allocated  to  the 
state  civil  defense  program  bj'  the  federal 
civil  defense  administration,  prior  appro- 
priation continued  .... 


$150,000  00 


205,778  00 


New  England  Governors'  Committee  on  Public  Transportation. 


0408-01  For  the  commonwealth's  share  of  the  New 
England  Governors'  Committee  on  Public 
Transportation        ..... 


$20,165  00 


Acts,  1955.  —  Chap.  784. 


877 


Item 

0420-01 
0420-02 


0421-13 


0421-21 


Service  of  the  Military  Division. 
Adjutant  General. 

For  the  salary  of  the  adjutant  general  .  $1,002  00 

For  the  office  of  the  adjutant  general,  includ- 
ing not  more  than  thirty-eight  permanent 
positions         ......  4,769  00 

Militia: 

For  compensation  for  special  and  miscellane- 
ous duty,  including  not  more  than  six  per- 
manent positions,  and  for  expenses  of 
operation  of  the  twenty-sixth  division        .  2,056  00 

For  the  service  of  the  air  national  guard,  in- 
cluding not  more  than  one  permanent  posi- 
tion         691  00 


Boards  and  Commissions  serving  under  Governor  and  Council. 

Commission  on  Administration  and  Finance. 

0440-33  For  conducting  an  experiment  in  the  trans- 
portation of  state  employees  by  the  rental 
of  motor  vehicles;  provided,  that  the  com- 
mission on  administration  and  finance  shall 
estabhsh  and  maintain  by  contract  a  pool 
of  such  rental  motor  vehicles,  and,  on  appli- 
cation approved  bj'^  the  commission,  any 
department,  board  or  commission  may  use 
such  transportation  in  preference  to  other 
methods $25,000  00 

0441-01  For  the  office  of  the  commissioner  of  admin- 
istration, including  not  more  than  fifteen 
permanent  positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  thirty-seven  thousand  and 
four  dollars  from  the  Highway  Fund  .  5,000  GO 

0441-03    For  telephone  service  in   the  state  house, 

prior  appropriation  continued  .  .  .  8,000  00 

0442-01  For  the  bureau  of  the  comptroller,  including 
not  more  than  one  hundred  and  seventeen 
permanent  positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  one  hundred  fifty-eight 
thousand  three  hundred  and  one  dollars 
from  the  Highway  Fund  .         .         .  2,900  00 

0443-01  For  the  bureau  of  the  budget  commissioner, 
including  not  more  than  eleven  permanent 
positions;  provided,  that  the  comptroller 
shall  transfer  to  the  General  Fund  the  sum 
of  twenty-two  thousand  three  hundred  and 
sixty-eight  dollars  from  the  Highway  Fimd  2,500  00 

0444-01  For  the  bureau  of  the  purchasing  agent,  in- 
cluding not  more  than  seventy-two  perma- 
nent positions;  provided,  that  the  comp- 
troller shall  transfer  to  the  General  Fund 
the  sum  of  eighty-eight  thousand  six  hun- 
dred and  thirty-five  dollars  from  the  High- 
way Fund 2,500  00 

0444-03  For  the  purchase  by  the  state  purchasing 
agent  of  motor  vehicles  for  which  funds 
are  not  otherwise  available.  Motor  vehi- 
cles purchased  under  this  item  are  to  be 
allocated,  with  the  approval  of  the  com- 


878 


Acts,  1955. —Chap.  784. 


Item 

mission  on  administration  and  finance,  to 
the  departments  and  agencies  of  the  com- 
monwealth whose  appropriations  are  made 
from  the  General  Fund,  and  transfers  of 
the  sums  required  for  said  purchases  are 
to  be  authorized  by  said  commission  from 
the  amount  herein  appropriated  to  appro- 
priations made  for  the  services  of  said  de- 
partments and  agencies.  Said  commission 
is  hereby  authorized  to  provide  for  the 
transfer  of  motor  vehicles  from  one  such 
agency  or  department  to  another  when,  in 
its  opinion,  such  a  transfer  is  for  the  best 
interests  of  the  commonwealth  .         .       $150,000  00 

0445-01  Item  0445-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
j^ear  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  the  division  of  personnel  and  standard- 
ization, including  not  more  than  fifty-five 
permanent  positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  seventy-four  thousand 
nine  hundred  and  seventy-five  dollars  from 
the  Highway  Fund  ....  15,460  00 

0445-02  For  the  preparation  of  reports  by  the  division 
of  personnel  and  standardization,  as  re- 
quired by  section  forty-six  A  of  chapter 
thirty  of  the  General  Laws,  on  special  re- 
quests of  the  committee  on  ways  and 
means  filed  with  the  division  on  May 
nineteenth,  nineteen  hundred  and  fifty- 
five,  and  on  certain  subsequent  dates;  pro- 
vided, that  such  reports  shall  be  filed  by  the 
director  of  said  division  as  required  in  said 
section  forty-six  A  on  or  before  the  first 
Wednesday  of  January,  nineteen  hundred 
and  fifty-six  and  for  consultant  fees  for 
classification  studies,  appropriation  ex- 
pires June  thirtieth,  nineteen  hundred 
and  fifty-seven 100,000  00 

0446-01  Item  0446-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  the  division  of  building  construction,  in- 
cluding not  more  than  thirty-eight  per- 
manent positions  and  including  as  perma- 
nent the  present  incumbent  appointed  on 
requisition  number  49054,  notwithstanding 
the  provisions  of  any  other  law  to  the  con- 
trary      25,400  00 

0448-01  For  administration  of  the  state  employees' 
group  insurance,  as  authorized  by  chapter 
six  hundred  and  twenty-eight  of  the  acts 
of  the  current  year  ....  10,000  00 

0448-02  For  the  commonwealth's  share  of  the  state 
employees'  group  insurance;  provided, 
that  tiie  employees'  group  insurance  com- 
mission shall  charge  the  di-'/ision  of  em- 
ployment security  and  other  departments 
and  divisions  which  have  federal  funds  al- 


Acts,  1955.  — Chap.  784. 


879 


Item 


located  to  them  for  this  purpose  for  that 
portion  of  the  cost  of  the  program  as  it  de- 
termines should  be  borne  by  such  funds, 
and  shall  notify  the  comptroller  of  the 
amounts  to  be  transferred,  after  similar 
determination,  from  the  Highway,  Inland 
Fisheries  and  Game,  and  Metropolitan 
District  Commission  Fimds,  and  amounts 
received  in  payment  of  all  such  charges 
shall  be  credited  to  the  General  Fund 


$1,000,000  00 


0450-01 


0450-03 


State  Superintendent  of  Buildings. 

For  the  office  of  the  superintendent  of  build- 
ings and  for  the  maintenance  of  the  state 
house  and  the  Ford  building,  including  not 
more  than  one  hundred  and  sixty-nine  per- 
manent positions     .....         $37,500  00 

For  certain  alterations  and  additions  to  legis- 
lative quarters  in  the  state  house  including 
furnishings  and  equipment,  subject  to  the 
approval  of  the  committees  on  rules  acting 
concurrently 50,000  00 


New  England  Interstate  Water  Pollution  Control  Commission. 

0455-01  For  expenses  of  the  New  England  interstate 
water  pollution  control  commission,  as  au- 
thorized by  chapter  four  hundred  and 
twenty-one  of  the  acts  of  nineteen  hundred 
and  fortj^-seven,  and  for  compensation  and 
expenses  of  the  commissioners,  as  provided 
by  section  four  of  said  chapter  .  .  $1,000  00 

Coxincilfor  the  Aging. 

0465-01  Item  0465-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  adding  at  the 
end  thereof  the  following:  —  ;  provided, 
that  notwithstanding  the  effective  date  of 
chapter  five  hundred  and  ninetj^-one  of  the 
acts  of  the  current  year,  reimbursements 
may  be  made  for  expenditures  for  equip- 
ment and  expenses  incurred  from  the  date 
of  establishment  of  said  council. 


Rent  Control  Agency. 

0473-01  Item  0473-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  the  administration  of  a  program  of  rent 
control,  as  authorized  by  chapter  four  hun- 
dred and  thirty-four  of  the  acts  of  nineteen 
hundred  and  fifty-three,  and  continued  by 
chapter  two  hundred  and  twenty-five  of 
the  acts  of  the  current  year,  prior  appro- 
priation continued;  provided,  that,  upon 
termination  of  the  provisions  of  said 
chapter  four  himdred  and  thirty-four,  as 
amended,  the  unexpended  amount  in  this 
item  may  be  available  for  personal  services 


880 


Acts,  1955. —  Chap.  784. 


Item 


0476-01 


0490-02 
0490-03 


0492-01 


0493-01 


0494-01 


and  expenses  under  the  authority  of  the 
commission  on  administration  and  finance, 
who  shall  have  all  the  rights,  powers  and 
duties  necessary  to  carry  out  to  conclusion 
the  purposes  of  said  chapter  four  hundred 
and  thirty-four  of  the  acts  of  nineteen  hun- 
dred and  fifty-three,  as  amended       .         .         $10,000  00 

New  England  Board  of  Higher  Education. 

For  expenses  of  the  New  England  board  of 
higher  education,  as  authorized  by  chapter 
five  hundred  and  eighty-nine  of  the  acts  of 
nineteen  hundred  and  fifty-four,  and  for 
compensation  and  expenses  of  the  com- 
missioners, as  provided  by  section  four  of 
said  chapter $10,000  00 

Massachusetts  Aeronautics  Commission. 

This  item  included  in  item  0490-03. 

For  expenses  of  preparing  and  presenting 
certain  exhibits  before  the  civil  aeronau- 
tics board  for  the  year  nineteen  hundred 
and  fifty-six  and  the  previous  year    .  .  $2,500  00 

State  Airport  Management  Board. 

For  the  service  of  the  state  airport  manage- 
ment board,  as  authorized  by  chapter  six 
hundred  and  thirty-seven  of  the  acts  of 
nineteen  hundred  and  forty-eight,  includ- 
ing not  more  than  eight  permanent  posi- 
tions     . $25,000  00 

Item  0493-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  adding  at  the 
end  thereof  the  following:  — ,  for  the  year 
nineteen  hundred  and  fifty-six  and  the 
previous  year  .....  13,536  00 

This  item  omitted. 


Service  of  the  Secretary  of  the  Commonwealth. 

$2,000  00 
32,000  00 


0501-01     For  the  salary  of  the  secretary     . 
0501-10     For  the  expenses  of  the  decennial  census, 
prior  appropriation  continued  . 


Printing  Laws,  etc.: 

0503-01  For  printing  and  distributing  the  pamphlet 
edition  and  for  printing  and  binding  the 
blue  book  edition  of  the  acts  and  resolves 
of  the  year  nineteen  hundred  and  fifty-six, 
prior  appropriation  continued  .  .  .  $7,193  00 

Commission  on  Interstate  Co-operation. 

0506-01     For  the  service  of  the  commission,  including 

not  more  than  two  permanent  positions     .  $488  00 


Service  of  the  Treasurer  and  Receiver- General. 

$2,000  00 


0601-01     For  the  salary  of  the  treasurer  and  receiver- 
general  ...... 


Acts,  1955. —  Chap.  784.  881 

Item 

0601-02  For  the  office  of  the  treasurer  and  receiver- 
general,  including  not  more  than  fifty- 
eight  permanent  positions;  provided,  that 
the  comptroller  shall  transfer  to  the  Gen- 
eral Fund  the  sum  of  one  hundred  five 
thousand  six  hundred  and  seventy-nine 
dollars  from  the  Highway  Fund         .  .  $10,000  00 

State  Board  of  Retirement. 

0604-01  For  the  administrative  office  of  the  board, 
including  not  more  than  twenty  perma- 
nent positions,  prior  appropriation  con- 
tinued    $13,490  00 

0604-03  Item  0604-03  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  the  pajonent  of  the  commonwealth's 
share  in  financing  the  state  employees'  re- 
tirement system,  as  provided  by  chapter 
thirty-two  of  the  General  Laws,  prior  ap- 
propriation continued;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  five  hundred  and  forty 
thousand  dollars  from  the  Highway  Fund; 
and,  provided  further,  that  the  amounts  of 
reimbursements  received  from  the  metro- 
politan district  commission,  in  accordance 
with  the  provisions  of  section  nine  A  of 
chapter  twenty-nine  of  the  General  Laws, 
and  from  the  federal  government  on  ac- 
count of  the  retirement  of  employees  of  the 
division  of  employment  security  are  to  be 
in  addition  to  this  item  and  to  be  avail- 
able for  expenditure  without  further  ap- 
propriation      300,000  00 


Service  of  the  Auditor  of  the  Commonwealth. 

0701-01     For  the  salary  of  the  auditor       .         .         ,  $2,000  00 

0701-02  For  the  office  of  the  auditor,  including  not 
more  than  forty-two  permanent  positions; 
provided  that  the  comptroller  shall  transfer 
to  the  General  Fund  the  sum  of  seventy- 
two  thousand  seven  hundred  and  thirty- 
five  dollars  from  the  Highway  Fund  .  4,560  00 


Service  of  the  Department  of  the  Attorney  General. 

0801-01     For  the  salary  of  the  attorney  general  .  $3,000  00 

0801-02  For  the  office  of  the  attorney  general,  includ- 
ing not  more  than  forty-one  permanent 
positions         ..."...  10,000  00 

Service  of  the  Department  of  Agriculture. 

0901-01     For  the  salary  of  the  commissioner       .          .  $1,000  00 
0901-02     For  the  office  of  the  commissioner,  including 
not  more  than  thirty-two  permanent  posi- 
tions       860  00 


882 


Acts,  1955.  — Chap.  784. 


Item 
0901-21 


For  apiary  inspection,  including  not  more 
than  one  permanent  position,  and  for  the 
reimbursement  of  owners  of  diseased  bees 
as  provided  in  section  thirty-four  of  chap- 
ter one  hundred  and  twenty-eight  of  the 
General  Laws  ..... 


$165  00 


Division  oj  Livestock  Disease  Control. 

0907-01  For  the  office  of  the  director,  including  not 
more  than  twenty-six  permanent  positions 
and  not  more  than  fifty  permanent  inter- 
mittent positions    ..... 


$10,000  00 


Division  of  Markets. 

0908-21  For  a  cranberry  survey,  to  be  expended  in 
co-operation  with  funds  received  from  the 
federal  government  .... 


$5,000  00 


Service  of  the  Department  of  Natural  Resources. 

1001-02  Item  1001-02  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof 
the  following:  — 
For  the  office  of  the  commissioner,  including 
not  more  than  twenty-six  permanent  posi- 
tions    ....... 

1001-05  For  a  survey  and  inventory  of  the  natural 
resources  of  the  commonwealth,  as  author- 
ized by  chapter  four  hundred  and 
seventy-one  of  the  acts  of  the  current 
year 


$34,500  00 


20,000  00 


Division  of  Forests  and  Parks. 

1002-12  For  the  service  of  the  state  fire  warden,  in- 
cluding not  more  than  twenty-two  perma- 
nent positions,  and  for  expenses  of  the 
Northeastern  Forest  Fire  Protection  Com- 
mission, as  authorized  by  chapter  four  hun- 
dred and  fifty-seven  of  the  acts  of  nineteen 
hundred  and  forty-nine,  and  for  compensa- 
tion of  commissioners,  as  provided  by  sec- 
tion four  of  said  chapter 

1002-14  For  the  expenses  of  forest  fire  patrol,  as  au- 
thorized by  section  twenty-eight  A  of  chap- 
ter forty-eight  of  the  General  Laws  . 

1002-22  For  the  removal  of  fire  hazards  and  the  re- 
planting of  trees,  as  authorized  by  chapter 
three  hundred  and  nineteen  of  the  acts 
of  the  current  year  .... 

1002-31  For  the  suppression  of  insect  pests  and  shade 
tree  diseases,  including  gypsy  and  brown 
tail  moths  and  Japanese  beetles  under  any 
general  or  special  law,  and  including  not 
more  than  fifteen  permanent  positions; 
provided,  that  notwithstanding  the  provi- 
sions of  section  two  of  chapter  twenty-nine 
of  the  General  Laws  as  amended,  assess- 
ments received  from  cities  and  towns  in  the 


$15,240  00 
10,000  00 

5,000  00 


Acts,  1955.  —  Chap.  784.  883 


Item 


fiscal  year  nineteen  hundred  and  fifty-five 
and  thereafter  representing  their  portion 
of  the  cost  of  gypsy  moth  program  estab- 
lished 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 
hundred  and  forty-eight,  as  amended,  pro- 
vided however,  that  when  this  has  been 
accomplished,  said  assessments  shall  be 
credited  to  the  General  Fund;  andj  pro- 
vided further,  that  from  the  beginnmg  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 $78,700  00 

1002-33  Item  1002-33  of  section  two  of  chapter  three 
hundred  and  seventy-two  of  the  acts  of  the 
current  year  is  hereby  amended  by  adding 
at  the  end  thereof  the  following:  — ,  for 
the  year  nineteen  hundred  and  fifty-six  and 
the  previous  year    .....  16,000  00 

Division  o/  Law  Enforcement. 

1008-02  For  the  administration  and  enforcement  of 
law  relative  to  shellfish  and  other  marine 
fisheries,  and  for  regulating  the  sale  and 
cold  storage  of  fresh  food  fish,  including  not 
more  than  twenty-seven  permanent  posi- 
tions      $5,000  00 

1003-03  For  conservation  officers,  including  not  more 
than  thirty-nine  permanent  positions ;  pro- 
vided, that  the  comptroller  shall  transfer 
to  the  General  Fund  a  sum  equal  to  fifty 
per  cent  of  the  payments  made  under  this 
item  from  the  Inland  Fisheries  and  Game 
Fund,  as  provided  by  section  three  A  of 
chapter  one  hundred  and  thirty-one  of  the 
General  Laws 13,000  00 

Division  of  Marine  Fisheries. 

1004-70  Item  1004-70  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  the  service  of  the  office  of  the  director, 
including  not  more  than  sbcteen  permanent 
positions,  and  for  the  administration  of  the 
activities  provided  for  under  item  2610-04  $4,915  00 


Service  of  the  Department  of  Banking  and  Insurance. 

Division  of  Banks. 

1101-01     For  the  salary  of  the  commissioner       .         .  $500  00 

1101-02  For  the  office  of  the  commissioner,  including 
not  more  than  one  hundred  and  fifty-eight 
permanent  positions        ....  3,000  00 


884 


Acts,  1955.  —  Chap.  784. 


Item 

1103-01 
1103-02 


Division  of  Insurance. 

For  the  salary  of  the  commissioner       .  .  $500  00 

Item  1103-02  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  adding  at  the 
end  thereof  the  following: — ;  and,  pro- 
vided further,  to  authorize  charging  against 
this  appropriation  certain  shortages  in  the 
amount  of  two  thousand  seven  hundred 
and  thirty-three  dollars  and  fifty-eight 
cents,  determined  by  the  auditor  of  the 
commonwealth  to  be  the  shortage  as  of 
January  tenth,  nineteen  hundred  and  fifty- 
five,  and  to  authorize  the  department  to 
charge  off  from  its  records  an  amount  of 
seventeen  thousand  four  hundred  and 
seventy-three  dollars  and  thirty-five  cents, 
determined  by  said  auditor  to  be  the  short- 
age in  receipts  of  the  divisions  .         .  4,734  00 


Service  of  the  Department  of  Corporations  and  Taxation. 

1201-03  Item  1201-03  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  expenses  of  the  department  except  the 
income  tax  division;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  twenty-five  thousand 
eight  hundred  and  seventy  dollars  from 
the  Highway  Fund,  and  the  sum  of  twenty- 
eight  thousand  and  forty  dollars  from 
amounts  collected  under  chapter  sixty- 
four  B  of  the  General  Laws      .         ,         .       $118,650  00 


Appellate  Tax  Board. 

1204-01  For  the  service  of  the  board,  including  not 
more  than  twenty-nine  permanent  posi- 
tions    ....... 


$8,000  00 


Special  Investigation. 

1205-01  For  an  investigation  and  study  relating  to 
the  equalization  and  apportionment  as  a 
basis  of  levying  state  and  county  taxes,  as 
authorized  by  chapter  eighty-one  of  the 
resolves  of  the  current  year 


$15,000  00 


Service  of  the  Department  of  Education. 

1301-01     For  the  salary  of  the  commissioner       .          .  $3,000  00 
1301-02    For  the  office  of  the  commissioner,  including 
not  more  than  sixty-six  permanent  posi- 
tions       18,000  00 

1301-10  For  the  service  of  the  state  building  on 
Newbury  Street,  Boston,  including  not 
more  than  four  permanent  positions         .  10,000  00 


Acts,  1955. —  Chap.  784. 


885 


Item 


1305-05 


1307-02 


1309-01 


1313-01 


School  Lunch  and  Commodity  Distribution  Program. 

Item  1305-05  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 

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,  and  if  necessary  for  supplementing 
federal  funds  allocated  for  the  special  milk 
program;  provided,  that  notwithstanding 
any  provisions  of  law  to  the  contrary,  pay- 
ments so  authorized  to  be  paid  from  state 
funds  shall  not  exceed  fifty  per  cent  of  the 
total  reimbursement  authorized  by  the  na- 
tional school  lunch  act;  and,  provided  fur- 
ther that  a  sum  equivalent  to  the  payments 
under  this  item  shall  be  transferred  to  the 
General  Fund  from  the  receipts  of  the  in- 
come tax,  prior  appropriation  continued. 

Division  of  Vocational  Education. 

For  expenses  required  for  the  operation  of  an 

agency  for  surplus  property      .         .         .  $1,450  00 

Division  of  Vocational  Rehabilitation. 

For  the  expenses  of  the  division  of  vocational 
rehabihtation,    prior    appropriation    con- 
/  tinned $15,000  00 

Division  of  University  Extension. 

Item  1313-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 

For  the  university  extension  courses,  includ- 
ing not  more  than  forty-one  permanent 
positions;  provided,  that  the  division  may 
in  addition  to  the  sums  appropriated  for 
the  purpose  in  this  item,  expend  from  the 
receipts,  without  appropriation,  income  de- 
rived from  such  courses  as  may  be  con- 
ducted at  no  net  expense  to  the  common- 
wealth to  an  amount  not  exceeding  one 
hundred  thousand  dollars  with  the  ap- 
proval of  the  state  board  of  education. 


1315-01 


Division  of  Immigration  and  Americanization. 
This  item  omitted. 


Division  of  Public  Libraries. 

1316-01     For  the  service  of  the  division,  including  not 
more  than  twenty-five  permanent  positions 


$700  00 


Division  of  the  Blind. 

1317-01  For  general  administration  and  for  instruc- 
tion of  the  adult  blind  in  their  homes,  in- 
cluding not  more  than  sixty-five  permanent 
positions        ...... 


$12,930  00 


886 


Acts,  1955. —  Chap.  784. 


Item 
1317-08 


1317-17 


For  aiding  the  adult  blind,  subject  to  the 
conditions  provided  by  law,  including  the 
cost  of  certain  medical  assistance  and  sup- 
plies, prior  appropriation  continued  .         .         $80,000  00 

For  the  operation  of  a  workshop  for  the  blind 
in  the  city  of  Springfield,  as  authorized  by 
chapter  six  hundred  and  sixty-six  of  the 
acts  of  nineteen  hundred  and  fifty-one,  in- 
cluding not  more  than  two  permanent 
positions 11,200  00 


Teachers'  Retirement  Board. 

1319-01     For  the  service  of  the  board,  including  not 

more  than  thirty  permanent  positions        .  $3,700  00 

1319-08  For  the  payment  of  the  commonwealth's 
share  in  financing  the  teachers'  retirement 
system,  as  provided  by  chapter  thirty-two 
of  the  General  Laws  as  amended,  prior 
appropriation  continued  ....         195,000  00 


Massachusetts  Maritime  Academy. 

1327-10  For  maintenance  of  the  academy  and  ship, 
including  not  more  than  forty-nine  perma- 
nent positions,  with  the  approval  of  the 
commissioner  of  education 


$1,200  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: 

1330-01  State  teachers'  college  at  Bridgewater,  includ- 
ing not  more  than  eighty-two  permanent 
positions $46,400  00 

1331-01  State  teachers'  college  at  Fitchburg,  includ- 
ing not  more  than  eighty  permanent  posi- 
tions       38,750  00 

1332-01  State  teachers'  college  at  Framingham,  in- 
cluding not  more  than  eighty-one  perma- 
nent positions  .....  26. 150  00 

1333-01     State  teachers'  college  at  Lowell,  including 

not  more  than  fifty-six  permanent  positions  21, 100  00 

1334-01  State  teachers'  college  at  North  Adams,  in- 
cluding not  more  than  thirty-six  perma- 
nent positions  .....  7,750  00 

1335-01  State  teachers'  college  at  Salem,  including 
not  more  than  sixty-one  permanent  posi- 
tions       35,000  00 

1336-01  State  teachers'  college  at  Westfield,  including 
not  more  than  thirty-nine  permanent  posi- 
tions       26,800  00 

1337-01  State  teachers'  college  at  Worcester,  includ- 
ing not  more  than  fifty-four  permanent 
positions         ......  17,500  00 

1338-01  State  teachers'  college  at  Boston,  including 
not  more  than  seventy-two  permanent 
positions 64,750  00 

1339-01     Massachusetts  school  of  art,  including  not 

more  than  forty  permanent  positions         .  5,800  00 


Acts,  1955.  — Chap.  784.  887 

Item 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  following  institutes,  with 
the  approval  of  the  commissioner  of  educa- 
tion and  the  trustees  thereof: 

1340-01  Bradford  Durfee  technical  institute,  includ- 
ing not  more  than  thirty-five  permanent 
positions,  and  including  the  sum  of  ten 
thousand  dollars  which  ia  to  be  assessed 
upon  the  city  of  Fall  River  as  a  part  of  the 
charges  to  be  paid  by  said  city  to  the  com- 
monwealth in  the  calendar  year  nineteen 
hundred  and  fifty-five      ....  $25,000  00 

1342-01  New  Bedford  institute  of  textiles  and  tech- 
nology, including  not  more  than  thirty-six 
permanent  positions,  and  including  the 
sum  of  ten  thousand  dollars  which  is  to  be 
assessed  upon  the  city  of  New  Bedford  aa  a 
part  of  the  charges  to  be  paid  by  said  city 
to  the  commonwealth  in  the  calendar  year 
nineteen  hundred  and  fifty-five  .  .  25,000  00 

Lowell  Technological  Institute  of  Massachusetts. 

1345-01  For  the  maintenance  of  the  Lowell  Techno- 
logical Institute  of  Massachusetts,  with 
the  approval  of  the  trustees,  including  not 
more  than  one  hundred  and  thirty-four 
permanent  positions,  and  including  the 
sum  of  ten  thousand  dollars  which  is  to  be 
assessed  upon  the  city  of  Lowell  as  a  part 
of  the  charges  to  be  paid  by  said  city  to  the 
commonwealth  in  the  calendar  year  nine- 
teen hundred  and  fifty-five;  provided,  that 
said  institute  is  hereby  authorized  to  con- 
duct a  summer  school  at  no  expense  to  the 
commonwealth,  and  for  said  purpose  the 
institute  may  receive  and  expend  income 
derived  therefrom $96,000  00 

University  of  Massachusetts. 

1350-01  For  the  maintenance  of  the  University  of 
Massachusetts,  with  the  approval  of  the 
trustees,  including  not  more  than  nine  hun- 
dred and  sixty  permanent  positions;  pro- 
vided, that  notwithstanding  the  limitation 
of  section  four  of  chapter  seven  hundred 
and  fifteen  of  the  acts  of  nineteen  hundred 
and  fiftj^-one  and  chapter  four  hundred  and 
seven  of  the  acts  of  nineteen  hundred  and 
fifty-four,  authorization  is  hereby  granted 
to  allow  payment  from  this  account  of  the 
increase  provided  under  said  chapter  seven 
hundred  and  fifteen  to  all  employees  at  the 
University  of  Massachusetts  classified  un- 
der sections  fortj'-five  to  fiftj^  inclusive,  of 
chapter  thirty  of  the  General  liaws,  as 
amended;  and,  provided  further,  that  not- 
withstanding any  other  provision  of  law  to 
the  contrary,  there  shall  be  included  a  pay- 
ment of  two  hundred  and  seventy-five 
dollars  for  a  certain  prior-year  salary 
earned  but  not  paid         ....        $127,230  00 


888 


Acts,  1955. —  Chap.  784. 


Item 
1380-01 


1381-01 

1382-01 
1383-01 

1384-01 


1385-01 

1387-01 
1388-01 


Youth  Service  Board. 

Item  1380-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following :  — 

For  administration  of  the  youth  service 
board,  as  authorized  by  chapter  six  hun- 
dred and  five  of  the  acts  of  nineteen  hun- 
dred and  fifty-two,  including  not  more  than 
seventy  permanent  positions    .  .  .  $75,114  00 

Section  two  of  chapter  seven  hundred  and  six 
of  the  acts  of  the  current  year  is  hereby 
amended  by  striking  out  the  heading  pre- 
ceding item  1381-01  and  inserting  in  place 
thereof  the  following:  — 

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,  however, 
that  the  governor,  upon  the  recommendation 
of  the  commission  on  administratian  and  fi- 
nance and  with  the  approval  of  the  council, 
may  make  allocations  of  sums  by  transfer, 
or  otherwise,  and  may  transfer  permanent 
positions  from  the  appropriations  made 
available  to  the  Lyman  school  for  boys,  item 
1383-01,  to  the  appropriation  item  available 
for  the  reception  and  detention  facilities, 
item  1384-01: 

Industrial  school  for  boys,  including  not  more 
than  one  hundred  and  ten  permanent  posi- 
tions       $10,445  00 

Industrial  school  for  girls,  including  not  more 

than  fifty-seven  permanent  positions  .  23,890  00 

Lyman  school  for  boj^s,  including  not  more 
than  one  hundred  and  forty-three  per- 
manent positions     .....  21,940  00 

Item  1384-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 

For  the  operation  of  reception  and  detention 
facilities  in  the  city  of  Boston,  including 
not  more  than  eight  permanent  positions  41,505  00 

For  the  operation  of  the  institute  of  juvenile 
guidance,  including  not  more  than  forty- 
eight  permanent  positions         .  .  .  6,000  00 

For  the  operation  of  a  detention  center  in 

Hampden  county    .....  3,735  00 

For  the  operation  of  a  residential  treatment 

unit  for  sntiall  boys  in  Oakdale  .  .  94,900  00 


Service  of  the  Department  of  Civil  Service  and  Registration. 


Division  of  Civil  Service. 

1402-01     For  the  salary  of  the  director  and  for  the  com- 
pensation of  members  of  the  commission   . 


$5,100  00 


Acts,  1955.  — Chap.  784.  889 

Item 
1402-02  For  the  service  of  the  division,  induding  not 
more  than  two  hundred  and  thirteen 
permanent  positions;  provided,  that  the 
comptroller  shall  transfer  to  the  General 
Fund  the  sum  of  one  hundred  and  twenty- 
four  thousand  dollars  from  the  Highway 
Fund $35,000  00 

Division  of  Registration, 

1403-01     For  the  salary  of  the  director       .  .  .  $1,000  00 

1403-02     For  the  service  of  the  division,  including  not 

more  than  forty-four  permanent  positions  6,000  00 

For  the  service  of  the  following  agencies  in  the 
division: 

1404-01     Board  of  registration  in  medicine,  including 

not  more  than  seven  permanent  positions 
1405-01     Board   of   dental   examiners,    including   not 

more  than  five  permanent  positions 
1406-01     Board  of  registration  in  chiropody,  including 

not  more  than  five  permanent  positions 
1408-01     Board  of  registration  of  nurses,  including  not 

more  than  ten  permanent  positions  . 
1410-01     Board  of  registration  in  optometry,  including 

not  more  than  five  permanent  positions     . 
1413-01     Board  of  registration  of  architects,  including 

not  more  than  five  permanent  positions     . 
1416-01     State  examiners  of  electricians,  including  not 

more  than  two  permanent  positions 
1417-01     State  examiners  of  plumbers,  including  not 

more  than  three  permanent  positions 
1421-01     Board  of  registration  of  hairdressers,  includ- 
ing not  more  than  seventeen  permanent 

positions         ...... 

1422-01     Board  of  registration  of  dispensing  opticians, 

including  not  more  than  five  permanent 

positions        ...... 


Service  of  the  Department  of  Commerce. 

1551-01  For  the  service  of  the  department,  including 
not  more  than  twenty-eight  permanent 
positions $6,440  00 


Service  of  the  Department  of  Labor  and  Industries. 

1601-01  For  general  administration  and  for  the  divi- 
sion of  employment  of  the  aging,  as  author- 
ized bj'  chapter  five  hundred  and  seventy- 
eight  of  the  acts  of  nineteen  hundred  and 
fifty-four,  including  not  more  than  thirteen 
permanent  positions         ....  $6,500  00 

161 1-01  For  the  board  of  conciliation  and  arbitration, 
including  not  more  than  sixteen  permanent 
positions 3,500  00 

Labor  Relations  Commission. 

1619-01  For  the  service  of  the  commission,  including 
not  more  than  nineteen  permanent  posi- 
tions       $4,550  00 


$2,540  00 

1,100  00 

300  00 

760  00 

500  00 

500  00 

1,000  00 

300  00 

1,500  00 

4,150  00 

890  Acts,  1955.  —  Chap.  784. 

Item 

Division  of  Industrial  Accidents. 

1651-01  For  personal  services  of  members  of  the 
board,  including  not  more  than  nine  per- 
manent positions    .....  $9,000  00 

Service  of  the  Department  of  Mental  Health. 

1701-02  Item  1701-02  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  administration,  including  the  division  of 
mental  hygiene,  and  including  not  more 
than  one  hundred  and  ninety-one  perma- 
nent positions,  and  for  the  transportation 
and  medical  examinations  of  patients  and 
certain  feeble-minded  persons;  provided, 
that  notwithstanding  any  other  provision 
of  law  to  the  contrary,  the  person  ap- 
pointed on  requisition  number  31526  as 
supervisor  of  laundry  service  shall  be 
deemed  to  be  permanently  employed  under 
chapter  thirty-one  of  the  general  laws        .  $540  00 

1701-10  For  the  continuation  of  a  study  relative  to 
psychiatric  services  for  district  courts,  as 
authorized  by  chapter  ninety-two  of  the 
resolves  of  the  current  year      .  .  .  500  00 

For  the  maintenance  of  and  for  certain  im- 
provements at  the  following  institutions  un- 
der the  control  of  the  department  of  mental 
health: 

1716-00  Item  1716-00  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  adding  at  the 
end  thereof  the  following:  —  ;  provided, 
that  notwithstanding  any  other  provision 
of  law  to  the  contrary,  there  shall  be  in- 
cluded payments  totaling  four  hundred  and 
thirty-six  dollars  and  seventy-five  cents  for 
certain  prior-year  salaries  earned  but  not 
paid $6,000  00 

1719-00  Taunton  state  hospital,  including  not  more 
than  five  hundred  and  twenty-nine  perma- 
nent positions;  provided,  that  notwith- 
standing any  other  provision  of  law  to  the 
contrary,  there  shall  be  included  a  payment 
of  two  hundred  and  fifty-two  dollars  and 
forty-one  cents  for  a  certain  prior-year 
salary  earned  but  not  paid  .  .  12,000  00 

1722-00  Item  1722-00  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
Monson  state  hospital,  including  not  more 
than  five  hundred  and  seven  permanent 
positions 3,240  00 

Service  of  the  Department  of  Correction. 
1801-01     For  the  salary  of  the  commissioner       .         .  $4,667  GO 


Acts,  1955. —  Chap.  784. 


891 


Item 
1801-02 


1805-01 


1810-01 
1812-01 


1814-01 


1818-01 


Item  1801-02  of  section  two  of  chapter  seven 

hundred  and  six  of  the  acts  of  the  current 

year  is  hereby  amended  bj^  striking  out  the 

wording  and  inserting  in  place  thereof  the 

following:  — 
For  administration,  including  not  more  than 

forty-four  permanent  positions;   provided, 

that  the  persons  employed  under  the  di- 
vision  of  classification  of  prisoners  shall 

not  be  subject  to  the  civil  service  laws  and 

rules S45,000  00 

Parole  Board. 

Item  1805-01  of  section  two  of  chapter  seven 

hundred  and  six  of  the  acts  of  the  current 

year  is  hereby  amended  by  striking  out  the 

wording  and  inserting  in  place  thereof  the 

following:  — 
For  the  service  of  the  board,  including  not 

more  than  fifty-one  permanent  positions  .  $27,000  00 

Section  two  of  chapter  seven  hundred  and  six 

of  the  acts  of  the  current  year  is  hereby 

amended  bj''  striking  out  the  heading  pre- 
ceding item  1810-01  and  inserting  in  place 

thereof  the  following:  — 

For  the  maintenance  of  and  for  certain  improve- 
ments at  the  following  institutions  under  the 
control  of  the  department  of  correction;  pro- 
vided, however,  that  the  governor,  upon  the 
recommendation  of  the  commission  on  admin- 
istration and  finance,  may  allocate  funds  by 
transfer  or  otherwise  and  may  transfer  per- 
manent positions  between  appropriations 
made  available  to  the  department  of  correc- 
tion for  the  fiscal  year  ending  June  thirtieth, 
nineteen  hundred  and  fifty-six,  in  appropri- 
ation items  1810-01,  1812-01,  I8I4-OI  and 
1818-01: 

State  farm,   including  not  more  than  four 

hundred  and  nineteen  permanent  positions         $65,000  00 

Item  1812-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 

State  prison,  including  not  more  than  two 
hundred  and  thirty-eight  permanent  posi- 
tions     .  .        _ 82,000  00 

Item  1814-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
5-ear  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
follonnng:  — 

Massachusetts  reformatory,  including  not 
more  than  two  hundred  and  twentj^-one 
permanent  positions,  for  the  year  nineteen 
hundred  and  fifty-six  and  the  previous  year  99,785  00 

State  prison  colony,  including  not  more  than 
two  hundred  and  thirty-seven  permanent 
positions 53,840  00 


Service  of  the  Department  of  Public  Welfare. 
1901-01     For  the  salary  of  the  commissioner       .         .  $2,500  00 


892 


Acts,  1955. —  Chap.  784. 


Item 
1901-03 


1901-05 


Item  1901-03  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 

For  administration  of  the  program  of  old  age 
assistance  provided  by  chapter  one  hun- 
dred and  eighteen  A  of  the  General  Laws, 
and  for  the  office  of  the  commissioner  and 
expenses  of  the  department  of  pubhc  wel- 
fare, including  not  more  than  five  hundred 
and  forty-eight  permanent  positions;  pro- 
vided, that  the  Incumbent  on  requisition 
number  08880  shall  have  permanent  status 
under  chapter  thirty-one  of  the  General 
Laws  subject  to  passing  a  qualifying  ex- 
amination; and,  provided  further,  that 
the  comptroller  shall  transfer  to  the 
General  Fund  the  sum  of  seven  hundred 
and  twenty-three  thousand  two  hundred 
and  twenty-one  dollars  from  the  Old  Age 
Assistance  Fund;  and,  provided  further, 
that  any  revenue  resulting  from  the  ad- 
ministration of  old  age  assistance  shall  be 
credited  to  the  Old  Age  Assistance  Fund    . 

For  the  paj^ment  of  a  certain  claim  for  rent 
for  the  office  formerly  occupied  by  the  de- 
partment in  the  city  of  Pittsfield,  with  the 
approval  of  the  attorney  general 


$18,040  00 
2,000  00 


Tewkshury  Slate  Hospital  and  Infirmary. 

1919-00  Item  1919-00  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  the  maintenance  of  the  Tewksbury  state 
hospital  and  infirmary,  including  not  more 
than  seven  hundred  and  nine  permanent 
positions         ...... 


$26,555  00 


Service  of  the  Department  of  Public  Health. 

2001-01     For  the  salary  of  the  commissioner       .  .  $1,500  00 

2001-03  For  a  poliomyelitis  vaccine  (Salk)  program, 
as  authorized  by  chapter  four  hundred  and 
eighty-one  of  the  acts  of  the  current  year, 
and  for  the  development  of  programs  for 
the  care,  treatment  and  rehabilitation  of 
victims  of  the  current  poliomyelitis  epi- 
demic, to  be  expended  either  with  or  with- 
out grants  or  contributions  from  public  or 
private  agencies ;  provided  that  such  grants 
or  contributions  may  be  expended  without 
appropriation,  expires  June  thirtieth,  nine- 
teen hundred  and  fifty-seven;  and,  pro- 
vided further,  that  the  amount  appropri- 
ated in  item  2007-10  of  section  two  of 
chapter  three  hundred  and  seventy-two 
of  the  acts  of  the  current  year  is  hereby 
transferred  and  made  available  for  the 
purposes  of  this  item       ....         300,000  00 


Acts,  1955.  —  Chap.  784. 


893 


Item 
2002-01 


2002-25 


2002-26 


2003-01 


2004-01 

2005-01 

2007-01 
2007-10 

2023-00 


Bureau  of  Environmental  Sanitation. 

Item  2002-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 

For  the  service  of  the  bureau,  including  not 
more  than  one  hundred  and  one  permanent 
positions;  provided,  that  the  bureau  may 
make  special  air  pollution  surveys  upon 
request  of  municipalities;  and,  provided 
further,  that  any  city  or  town  requesting 
such  a  survey  shall  pay  in  advance  the  esti- 
mated cost  thereof,  the  amounts  so  received 
to  be  in  addition  to  this  item  and  to  be 
available  for  expenditure  without  further 
appropriation  .  .  .  .  .  $22,460  00 

For  the  continuation  of  certain  studies,  as 
authorized  by  chapter  twenty-eight  of  the 
resolves  of  the  current  year,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
2015-25  of  section  two  of  chapter  four 
hundred  and  fiftv-three  of  the  acts  of  nine- 
teen hundred  and  fifty-four  .  .  25,000  00 

For  certain  studies  as  authorized  by  chapter 
sixty-eight  of  the  resolves  of  the  current 
year,  to  be  in  addition  to  the  amount  ap- 
propriated in  item  2015-26  of  section  two 
of  chapter  six  hundred  and  eighty-seven 
of  the  acts  of  nineteen  hundred  and  fifty- 
four       25,000  00 

Bureau  of  Preventive  Disease  Control. 

For  the  service  of  the  bureau  of  preventive 
disease  control  and  for  the  operation  of 
certain  chnics  in  the  outpatient  depart- 
ments of  certain  general  hospitals,  includ- 
ing not  more  than  forty-seven  permanent 
positions $30,000  00 

Bureau  of  Health  Services. 

For  the  service  of  the  bureau  of  health  serv- 
ices, including  not  more  than  fifty-one 
permanent  positions         ....  $15,000  00 

Bureau  of  Hospital  Facilities. 

For  the  service  of  the  bureau  of  hospital  fa- 
cilities, including  not  more  than  eighteen 
permanent  positions        ....  $5,000  00 

Institute  of  Laboratories. 
For  the  service  of  the  institute  of  laboratories, 

including  not  more  than  one  hundred  and 

twenty-four  permanent  positions       .  .  $4,860  00 

This  item  included  in  item  2001-03. 

For  the  maintenance  of  and  for  certain  im- 
provements at   the  following  institutions 
under  the  control  of  the  department  of 
public  health: 
North  Reading  state  sanatorium,  including 
not  more  than  two  hundred  and  three  per- 
manent positions    .....  $3,540  00 


894  Acts,  1955. —  Chap.  784. 

Item 

2025-00  Westfield  state  sanatorium,  including  not 
more  than  two  hundred  and  seventy-seven 
permanent  positions         ....  $8,000  00 

2026-21  For  a  research  program  relative  to  high  blood 
pressure  and  its  control,  to  be  conducted  at 
the  Lemuel  Shattuck  hospital;  provided, 
that  the  recess  commission,  established  by 
chapter  thirty-two  of  the  resolves  of  nine- 
teen hundred  and  forty-nine  and  most  re- 
cently extended  by  chapter  one  hundred 
and  thirteen  of  the  resolves  of  nineteen 
hundred  and  fifty-four,  shall  be  provided 
with  medical  and  other  experts  and  assist- 
ants to  complete  the  reports  and  studies 
therein  authorized,  and  on  the  termination 
of  the  commission  all  reports  and  docu- 
ments shall  be  transferred  and  preserved 
with  the  records  of  the  hospital;  and,  pro- 
vided further,  that  the  amount  appropri- 
ated in  item  0253-00  of  section  two  of 
chapter  six  hundred  and  eighty-seven  of 
the  acts  of  nineteen  hundred  and  fifty-four 
will  be  transferred  and  made  available  for 
the  purposes  of  this  item  upon  the  expira- 
tion of  the  commission;  and,  provided  fur- 
ther, that  this  project  and  a  unit  of  the 
hospital  which  shall  be  set  aside  for  the 
purposes  of  this  program  shall  be  desig- 
nated as  the  Paul  A.  McCarthy  Memorial, 
appropriation  expires  June  thirtieth,  nine- 
teen hundred  and  fifty-seven    .  .  .  25,000  00 

2027-00  Massachusetts  Hospital  School,  including  not 
more  than  one  hundred  and  ninety-nine 
permanent  positions         ....  12,000  00 


Service  of  the  Department  of  Public  Safety. 

2101-01     For  the  salary  of  the  commissioner       .         .  $2,500  00 

2101-02  Item  2101-02  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  administration,  including  not  more  than 
eighty-four  permanent  positions  and  in- 
cluding as  permanent  the  present  incum- 
bent appointed  on  requisition  number 
65450,  notwithstanding  the  provision  of 
any  other  law  to  the  contrary  .  .  6,244  00 

Division  of  Inspection. 

2104-31     For  the  board  of  boiler  rules,  including  not 

more  than  four  permanent  positions  .  $200  00 

Board  of  Standards. 

2106-01     For  the  service  of  the  board,  including  not 

more  than  seven  permanent  positions         .  $1,000  00 

Board  of  Elevator  Regulations. 

2107-01     For  the  service  of  the  board,  including  not 

more  than  seven  permanent  positions         .  $1,000  00 


Acts,  1955. —  Chap.  784. 


895 


Item 


2108-01 


2109-01 


2110-01 


Board  of  Fire  Prevention  Regulations. 

For  the  service  of  the  board,  including  not 
more  than  six  permanent  positions    .  .  $600  00 

Division  of  Subversive  Activities. 

For  the  service  of  the  division  of  subversive 
activities,  including  not  more  than  three 
permanent  positions         ....  $720  00 

Board  of  Schoolhouse  Structural  Standards. 

For  the  service  of  the  board,  as  authorized  by 
chapter  six  hundred  and  seventy-five  of 
the  acts  of  the  current  year      .  ,  .  $2,000  00 


Service  of  the  Department  of  Public  Works. 

Division  of  Waterways. 

2202-03  Item  2202-03  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  administration,  including  not  more  than 
sixty  permanent  positions,  and  including 
as  permanent  the  present  incumbent  ap- 
pointed on  requisition  number  46995  not- 
withstanding the  provisions  of  any  other 
law  to  the  contrary;  provided,  that  an 
amount  equal  to  the  expenditures  for  per- 
sonal services  properly  chargeable  to  item 
2202-05,  as  certified  by  the  director  of  the 
division,  shall  be  credited  as  revenue  to  the 
General  Fund $2,000  00 

2202-06  For  the  maintenance  and  repair  of  certain 
property  in  the  town  of  Plymouth,  includ- 
ing not  more  than  two  permanent  posi- 
tions        1,000  00 

2202-07  For  the  operation  and  maintenance  of  the 
New  Bedford  state  pier,  including  not  more 
than  four  permanent  positions  .  .  12,000  00 

2220-21  For  the  continuation  of  a  survey  of  the  great 
ponds  of  the  commonwealth,  including  the 
rights  of  way  thereto,  as  authorized  by 
chapter  twenty-eight  of  the  resolves  of 
nineteen  hundred  and  fifty-one,  prior  ap- 
propriation continued,  expires  June  thir- 
tieth, nineteen  hundred  and  fifty-seven     .  20,000  00 

2220-59  For  an  investigation  and  study  of  certain 
drainage  projects,  as  authorized  by  chap- 
ters one  hundred  and  two  and  one  hundred 
and  five  of  the  resolves  of  the  current  j^ear  5,000  00 

2220-60  For  an  investigation  and  study  of  the  pro- 
posed pier  extension  at  the  state  fish  pier 
in  Gloucester,  as  authorized  by  chapter 
sixty-nine  of  the  resolves  of  the  current 
year 5,000  00 

Outdoor  Advertising  Division. 

2230-01  For  the  service  of  the  outdoor  advertising 
division,  as  authorized  by  chapter  five  hun- 
dred and  eighty-four  of  the  acts  of  the 


896 


Acts,  1955.  — Chap.  784. 


Item 


current  year,  including  not  more  than  ten 
permanent  positions;  provided,  that  the 
amount  appropriated  in  item  0464-01  of 
section  two  of  chapter  seven  hundred  and 
six  of  the  acts  of  the  current  year  is  hereby 
transferred  and  made  available  for  the  pur- 
poses of  this  item    ..... 


$1,500  00 


Service  of  the  Department  of  Public  Utilities. 

2301-01  For  personal  services  of  the  commissioners, 
including  not  more  than  five  permanent 
positions         ...         .         .         .  $2,000  00 

2301-02    For  administration,  including  not  more  than 

seventy  permanent  positions    .         .         .  10,000  00 


Securities  Division. 

2308-01     For  the  service  of  the  division,  including  not 
more  than  nine  permanent  positions 


$4,000  00 


Annuities  and  Pasrments. 

2805-01  For  the  payment  of  certain  annuities  and 
pensions  of  soldiers  and  others  under  the 
provisions  of  certain  acts  and  resolves 


$2,300  00 


Miscellaneous. 

2813-01     This  item  included  in  item  2931-06. 

2820-03  For  certain  claims  and  other  payments,  as 
authorized  by  chapters  thirty-three,  thirty- 
six,  sixty-six  and  seventy-eight  of  the  re- 
solves of  the  current  year         .         .         .         $17,068  00 

2820-34  For  a  reserve  for  expenses  arising  from  possi- 
ble increases  in  the  cost  of  fuel,  the  sum  of 
one  hundred  and  fifty  thousand  dollars  is 
hereby  appropriated  and  made  available 
for  transfer,  with  the  approval  of  the  com- 
mission on  administration  and  finance,  to 
appropriation  items  where  the  amounts 
otherwise  available  for  such  purchases  are 
insufficient  for  the  purpose;  provided,  that 
no  such  transfer  shall  limit  the  power  of 
the  budget  commissioner  to  increase  or  de- 
crease the  amounts  of  subsidiary  accounts, 
as  authorized  by  section  twenty-nine  of 
chapter  twenty-nine  of  the  General  Laws  150,000  00 

2820-35  For  the  reimbursement  of  Plymouth  county, 
as  authorized  by  chapter  five  hundred  and 
twenty-five  of  the  acts  of  the  current  year  21,295  00 

2820-36  For  the  establishment  of  a  memorial  to  Calvin 
Coolidge  in  the  city  of  Northampton,  as 
authorized  by  chapter  five  hundred  and 
forty-seven  of  the  acts  of  the  current  year  32,000  00 

2842-01  For  a  certain  payment  to  the  Boston  Arena 
Authority,  as  authori7ed  by  chapter  five 
hundred  and  ninety-eight  of  the  acts  of  the 
current  year  .         .         .         .         .         .  65,000  00 


Acts,  1955.  — Chap.  784. 


897 


APPROPRIATIONS   MADE  FROM   THE   HIGHWAY   FUND. 
Service  of  the  Department  of  Public  Works. 


Item 


2900-01 


2900-02 


2900-11 


2900-12 


Highway  Activities. 

Expenditures  made  from  the  following  appro- 
priations for  highway  activities  shall  be  coded 
according  to  the  manual  entitled  "Subsidiary 
Accounts  and  Expenditure  Code  Numbers" 
approved  by  the  Joint  Committee  on  Ways 
and  Means  on  March  second,  nineteen  hun- 
dred and  fifty-four;  provided,  that  the  sal- 
aries of  all  officers  and  employees  of  the  de- 
partment engaged  in  projects  or  activities 
relating  to  highways  shall  he  charged  for  the 
1956  fiscal  year  in  full  to  appropriations 
authorized  under  the  heading  of  "Highway 
Activities"  in  this  act: 

For  the  salaries  of  the  commissioner  and  the 
associate  commissioners,  including  not 
more  than  three  permanent  positions        .  $4,000  00 

Item  2900-02  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 

For  administration  and  engineering  in  con- 
nection with  all  highway  activities,  for  the 
offices  of  the  commissioner,  department 
secretary,  personnel  officer  and  business 
agent,  including  telephone  service  in  the 
public  works  building;  and  for  the  pay- 
ment of  damages  caused  by  defects  in  state 
highways,  with  the  approval  of  the  at- 
torney general;  and  including  not  more 
than  one  thousand  five  hundred  and  forty- 
eight  permanent  positions,  partly  charge- 
able to  this  item  and  to  other  highway  ac- 
tivity accounts  as  determined  by  the  com- 
missioner, and  including  as  permanent  the 
present  incumbents  appointed  on  requisi- 
tion numbers  28097,  45712,  36806,  56028 
and  91760  notwithstanding  the  provision  of 
an  J'  other  law  to  the  contrary;  provided, 
that  the  position  of  personnel  director, 
public  works  department,  shall  not  be 
subject  to  the  civil  service  laws  and  rules, 
prior  appropriation  continued. 

For  the  establishment  of  a  system  of  tourist 
routes,  as  authorized  by  chapter  one  hun- 
dred and  ten  of  the  resolves  of  the  current 
year      .......  50,000  00 

For  projects  for  improving  state  highways 
and  through  routes,  including  bridges,  and 
including  construction  and  recon.''truction, 
it  being  the  intent  of  the  general  court  that 
state  highways  shall  be  made  continuous 
whether  or  not  sections  to  be  made  state 
highways  require  construction  work;  for 
turnouts  or  rest  areas  within  highway 
rights  of  way,  including  contingent  ex- 
penses therefor;  and  upon  agreement  with 


898 


Acts,  1955. —  Chap.  784, 


Item 


2900-35 


2900-80 


city  or  town  officials,  for  construction  of 
needed  improvements  on  other  through 
routes  not  designated  as  state  highwaj'^s 
and  without  acceptance  by  the  common- 
wealth of  responsibility  for  maintenance; 
provided,  that  any  portion  of  the  sum  ap- 
propriated herein  may  be  used  in  conjunc- 
tion with  city  or  town  funds,  prior  appro- 
priation continued  .  .  .  .  .        $500,000  00 

For  resurfacing  existing  state  highways  with 
not  less  than  two  inches  of  bituminous 
bound  aggregate,  using  present  traveled 
ways  as  a  base;  provided,  that  the  state 
purchasing  agent  may  buy  the  required 
bituminous-treated  aggregate,  notwith- 
standing the  provisions  of  section  eight  A 
of  chapter  twenty-nine  of  the  General 
Laws 500,000  00 

Item  2900-80  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 

For  the  operation  and  maintenance  of  the 
public  works  building,  including  not  more 
than  eighty-three  permanent  positions, 
and  including  as  permanent  the  present 
incumbent  appointed  on  requisition  num- 
ber 46994  notwithstanding  the  provision 
of  any  other  law  to  the  contrary       .  .  10,000  00 


Service  of  the  Registry  of  Motor  Vehicles. 

2924-01  Item  2924-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  the  service  of  the  registry,  including  not 
more  than  eight  hundred  and  thirty-two 
permanent  positions;  provided,  that  not- 
withstanding any  special  or  general  law  to 
the  contrary,  the  individual  employed  on 
requisition  number  51962  shall,  for  the 
purpose  of  establishing  his  rate  in  the  gen- 
eral salary  schedule,  be  credited  with  con- 
tinuous service  from  his  date  of  original 
employment  on  February  first,  nineteen 
hundred  and  forty-nine  ....         $59,033  00 


Service  of  the  Department  of  Public  Safety. 

Division  of  State  Police. 

2926-01  Item  2926-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  the  service  of  the  division,  including  not 
more  than  six  hundred  and  one  permanent 
positions $175,200  00 


Acts,  1955.  —  Chap.  784.  899 

Item 
2926-18  For  the  construction  of  a  state  police  sub- 
station on  land  now  owned  by  the  common- 
wealth in  Leominster,  including  the  cost  of 
furnishings  and  equipment,  expires  June 
thirtieth,  nineteen  hundred  and  fifty-seven        $160,000  00 


Service  of  the  Metropolitan  District  Commission. 

The  following  items  are  to  be  paid  with  the 
approval  of  the  Metropolitan  District  Com- 
mission: 

2931-00  Item  2931-06  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  the  maintenance  of  boulevards  and  park- 
ways, including  the  installation  of  traffic 
lights  and  including  Bunker  Hill  and  the 
property  adjacent,  and  for  the  maintenance 
of  parks  reservations  and  the  Charles  River 
basin,  including  the  retirement  of  metro- 
politan police  and  veterans  under  the  pro- 
visions of  the  General  Laws,  and  including 
not  more  than  nine  hundred  and  nineteen 
permanent  positions,  and  including  as  per- 
manent under  chapter  thirty-one  of  the 
General  Laws  the  present  incumbent  ap- 
pointed on  requisition  number  35416  sub- 
ject to  passing  a  qualifying  examination; 
provided,  that  the  comptroller  shall  trans- 
fer to  the  Highway  Fund  proportions  of 
paj-ments  made  under  this  item,  as  pro- 
vided by  section  fifty-five  of  chapter  ninety- 
two  of  the  General  Laws;  and,  provided 
further,  that  notwithstanding  any  other 
provision  of  law  to  the  contrary,  there  shall 
be  included  a  pajTnent  of  twenty  dollars 
and  seventy  cents  for  a  certain  prior-year 
salary  earned  but  not  paid        .  .  .        $105,400  00 


APPROPRIATIONS    MADE    FROM    THE  PORT  OF  BOSTON 

FUND. 

Service  of  the  Port  of  Boston  Commission. 

3140-01  For  expenses  of  administration,  including  not 
more  than  thirty-seven  permanent  posi- 
tions; provided,  that  no  compensation  or 
expenses  of  consultants  for  legal  services 
shall  be  chargeable  to  this  item  .  .  $51,930  00 

3145-01  For  expenses  of  making  investigations  and 
presenting  the  commonwealth's  case  in 
connection  with  differential  freight  rates, 
appropriation  expires  June  thirtieth,  nine- 
teen hundred  and  fifty-seven    .         ,         .  30,000  00 


900 


Acts,  1955. —  Chap.  784. 


APPROPRIATIONS  MADE  FROM  THE  INLAND  FISHERIES 
AND   GAME  FUND. 


Item 


Service  of  the  Department  of  Natural  Resources. 

Division  of  Fisheries  and  Game.  ( It  is  hereby 
provided  that  federal  funds  received  as  reim- 
bursements under  the  following  items  are  to 
be  credited  as  income  to  the  Inland  Fisheries 
and  Game  Fund): 

3304-01     For  the  service  of  the  division,  including  not 

more  than  ten  permanent  positions  .  .  $12,675  00 

3304-31  For  expenses  of  game  farms  and  fish  hatch- 
eries, including  not  more  than  sixty-six 
permanent  positions         ....  34,450  00 

3304-42  For  the  improvement  and  m.anagement  of 
lakes,  ponds  and  rivers,  including  not  more 
than  three  permanent  positions         .  .  3,000  00 

3304-45  For  the  establishment  and  maintenance  of 
public  fishing  grounds,  including  not  more 
than  one  permanent  position;  provided, 
that  none  of  the  money  appropriated  under 
this  item  shall  be  used  for  the  purchase  of 
land 480  00 

3304-47  For  certain  stream  surveys  and  inventory 
work,  as  authorized  by  chapter  two  hun- 
dred and  seven  of  the  acts  of  nineteen 
hundred  and  fifty-one,  including  not  more 
than  one  permanent  position;  provided, 
that  the  comptroller  shall  transfer  to  the 
Inland  Fisheries  and  Game  Fund  the  sum 
of  six  thousand  dollars  from  the  General 
Fund 11,500  00 

3304-51  For  wild  life  research  and  management,  in- 
cluding not  more  than  sixteen  permanent 
positions         ......  6,694  00 

3304-53  For  expenses  of  establishing  and  conducting 
wild  life  restoration  projects,  as  author- 
ized by  chapter  three  hundred  and  ninety- 
two  of  the  acts  of  nineteen  hundred  and 
thirty-eight,  including  not  more  than  six- 
teen permanent  positions  .  .  .  7,680  00 


APPROPRIATIONS  MADE  FROM  THE  VETERANS'  SERVICES 

FUND. 


Service  of  the  Soldiers'  Home  in  Massachusetts. 


3506-01  For  the  maintenance  of  the  Soldiers'  Home 
in  Massachusetts,  including  not  more  than 
five  hundred  and  seventy-six  permanent 
positions         ...... 


$13,500  00 


Service  of  the  Soldiers'  Home  in  Holyoke. 

3.508-01  For  the  maintenance  of  the  Soldiers'  Home 
in  Holyoke,  including  not  more  that  eighty- 
four  permanent  positions  .         .         .         $10,000  00 


Acts,  1955.  — Chap.  784. 


901 


Service  of  the  Depaitment  of  Labor  and  Industries. 


Item 
3520-01 


Division  of  Apprentice  Training. 

For  the  service  of  the  division,  including  not 
more  than  thirty-seven  permanent  posi- 
tions; provided,  that  all  of  the  positions 
of  this  division,  with  the  exception  of  the 
head  clerk,  shall  not  be  subject  to  chapter 
thirty-one  of  the  General  Laws;  and,  pro- 
vided further,  that  the  comptroller  shall 
transfer  to  the  Veterans'  Services  Fund 
the  sum  of  seventy-eight  thousand  nine 
hundred  and  fifty-seven  dollars  from  the 
General  Fund  ..... 


$450  00 


Miscellaneous. 

3530-33  For  the  representation  of  the  commonwealth 
at  the  convention  of  the  Disabled  Ameri- 
can Veterans,  Department  of  Massachu- 
setts, Inc.,  as  authorized  by  chapter  four 
of  the  resolves  of  the  current  year     .  .  $1,000  00 

3530-34  For  the  representation  of  the  commonwealth 
at  the  national  convention  of  the  Veterans 
of  Foreign  Wars  of  the  United  States,  as 
authorized  by  chapter  six  of  the  resolves 
of  the  current  year  ....  45,000  00 

3530-35  For  the  representation  of  the  commonwealth 
at  the  convention  of  the  Federal  Em- 
ployees Veterans  Association,  Inc.,  as  au- 
thorized by  chapter  ten  of  the  resolves  of 
the  current  year      .....  1,000  00 

3530-36  For  the  representation  of  the  commonwealth 
at  the  convention  of  the  101st  Airborne 
Division  Association,  as  authorized  by 
chapter  twelve  of  the  resolves  of  the  cur- 
rent year 750  00 

3530-37  For  the  representation  of  the  commonwealth 
at  the  convention  of  the  63rd  Division 
Association,  as  authorized  by  chapter 
twenty-four  of  the  resolves  of  the  current 
year 200  00 

3530-38  For  the  representation  of  the  commonwealth 
at  the  convention  of  the  55th  Artillery 
A.  E.  F.  Veterans'  Association,  as  author- 
ized by  chapter  fifty-eight  of  the  resolves 
of  the  current  year  ....  500  00 

3530-39  For  the  representation  of  the  commonwealth 
at  the  convention  of  the  Franco-American 
War  Veterans,  Inc.,  as  authorized  by  chap- 
ter fifty-nine  of  the  resolves  of  the  current 
year    ...-.•  •  •  ;  •  500  00 

3530-40  For  an  investigation  and  study  relating  to 
the  proposed  mural  in  commemoration  of 
Colonel  Thomas  Cass  and  the  officers  and 
men  of  the  Ninth  Regiment  of  Infantry,  as 
authorized  by  chapter  seventy  of  the  re- 
solves of  the  current  year  .  .  .  500  00 

3530-41  For  the  representation  of  the  commonwealth 
at  the  convention  of  the  Military  Order  of 
the  Purple  Heart,  as  authorized  by  chapter 
seventy-one  of  the  resolves  of  the  current 
year 500  00 


902  Acts,  1955. —Chap.  784. 

Item 
3549-00     For  repayments  to  claimants,  as  authorized 
by  section  one  hundred  and  forty-nine  D 
of  chapter  one  hundred  and  seventy-five  of 
the  General  Laws $1,000  00 

Service  of  the  State  Racing  Coimnission. 

3605-01  For  the  service  of  the  commission,  including 
not  more  than  eleven  permanent  positions; 
provided,  that  fees  paid  to  veterinarians  for 
services  in  connection  with  horse  racing 
shall  not  exceed  twenty-five  dollars  per 
diem,  and  in  connection  with  dog  racing, 
shall  not  exceed  twenty  dollars  per  diem  .  $6,000  00 


APPROPRIATION  PAYABLE  FROM  THE  STATE  RECREATION 
AREAS  FUND. 

Service  of  the  Department  of  Natural  Resources. 

Division  of  Forests  and  Parks. 

4010-01  For  the  service  of  the  bureau  of  recreation, 
including  not  more  than  sixty-seven  perma- 
nent positions;  provided,  that  the  comp- 
troller shall  transfer  to  the  State  Recreation 
Areas  Fund  the  sum  of  fifty-one  thousand 
dollars  from  the  General  Fund  .  .  $10,500  00 

4010-03     For  certain  repairs  and  improvements  in  the 

October  Mountain  state  forest  .  .  15,000  00 

4010-08  Item  4010-08  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  certain  improvements  in  the  Mount 
Grace  state  forest,  prior  appropriation  con- 
tinued, expires  June  thirtieth,  nineteen  hun- 
dred and  fiftv-seven. 


APPROPRIATION    PAYABLE    FROM    THE    PRISON    INDUS- 
TRIES FUND. 

Service  of  the  Department  of  Correction. 

4940-02  For  salaries  of  persons  employed  in  industries 
at  the  state  prison  colony,  including  not 
more  than  twenty-seven  permanent  posi- 
tions       $2,880  00 


APPROPRIATIONS   PAYABLE   FROM   THE   METROPOLITAN 
DISTRICT  COMMISSION   FUNDS. 

The  following  appropriations  are  to  be  assessed 
upon  the  several  districts  in  accordance  with 
the  methods  fixed  by  law,  unless  otherwise 
provided,  and  to  be  expended  under  the  di- 
rection of  the  Metropolitan  District  Com- 
mission: 

Metropolitan  Parks,  General. 

8601-33  For  the  repurchase  of  certain  land  from  the 
Medford  housing  project,  as  authorized  by 
chapter  five  hundred  and  seventy-two  of 
the  acts  of  the  current  year      .  .  .  $7,400  00 


Acts,  1955. —  Chap.  784.  903 

Item 

8601-34    For  certain  improvements  to  Furnace  Brook, 

as  authorized  by  chapter  six  hundred  of 

the  acts  of  the  current  year       .  .  .         $50,000  00 

8602-82     Item  8602-82  of  section  two  of  chapter  seven 

hundred  and  six  of  the  acts  of  the  current 

year  is  hereby  amended  by  striking  out  the 

wording  and  inserting  in  place  thereof  the 

following:  — 
For    certain    improvements    at    Houghton's 

Pond;    provided,   that   the   provisions  of 

section  thirtj^  A  of  chapter  seven  of  the 

General  Laws  shall  not  apply  to  expendi- 
tures made  from  this  item,  appropriation 

expires  June  thirtieth,   nineteen  hundred 

and  fifty-seven. 
8602-84     Item  8602-84  of  section  two  of  chapter  seven 

hundred  and  six  of  the  acts  of  the  current 

year  is  hereby  amended  by  striking  out  the 

wording  and  inserting  in  place  thereof  the 

following:  — 
For  certain  improvements  at  Revere  Beach; 

provided,   that  the  provisions  of  section 

thirty  A  of  chapter  seven  of  the  General 

Laws  shall  not  apply  to  expenditures  made 

from  this  item,  appropriation  expires  June 

thirtieth,  nineteen  hundred  and  fifty-seven. 
8602-86     Item  8602-86  of  section  two  of  chapter  seven 

hundred  and  six  of  the  acts  of  the  current 

year  is  hereby  amended  by  striking  out  the 

wording  and  inserting  in  place  thereof  the 

following:  — 
For  certam  improvements  at  Nahant  Beach; 

provided,   that  the  provisions  of  section 

thirty  A  of  chapter  seven  of  the  General 

Laws  shall  not  apply  to  expenditures  made 

from  this  item,  appropriation  expires  June 

thirtieth,  nineteen  hundred  and  fifty-seven. 
8602-89     Item  8602-89  of  section  two  of  chapter  seven 

hundred  and  six  of  the  acts  of  the  current 

year  is  hereby  amended  by  striking  out  the 

wording  and  inserting  in  place  thereof  the 

following:  — 
For  certain  improvements  at  Tenean  Beach; 

provided,   that  the  provisions  of  section 

thirty  A  of'chapter  seven  of  the  General 

Laws  shall  not  apply  to  expenditures  made 

from  this  item,  appropriation  expires  June 

thirtieth,  nineteen  hundred  and  fifty-seven. 


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  eightj'^-nine 
permanent  positions         ....  .$25,000  00 

8902-47  For  a  certain  claim,  as  authorized  by  chap- 
ter one  hundred  and  twenty-four  of  the  re- 
solves of  the  current  year         .  .  .  900  00 

8902-82    For  certain  improvements  to  the  Turkey  Hill 

standpipe 18,000  00 


904  Acts,  1955.  — Chap.  784. 


Item 


LOCAL   AID    APPROPRIATIONS. 

The  following  appropriations  are  for  reim- 
bursements and  grants  to  local  governments 
and  for  certain  other  purposes,  and  are  to 
be  in  addition  to  any  unexpended  balance 
of  appropriations  heretofore  made  for  the 
purpose: 

APPROPRIATIONS   MADE   FROM   THE   GENERAL   FUND. 

Service  of  the  Judiciary. 

Superior  Court. 

2603-01  For  reimbursing  certain  counties  for  com- 
pensation of  certain  special  justices  for 
services  in  holding  sessions  of  district 
courts  in  place  of  the  justice,  while  sitting 
in  the  superior  court        ....         $12,135  00 

Boards  and  Commissions  serving  under  Governor  and  Council. 

Rent  Control  Agency. 

2604-01  Item  2604-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  the  reimbursement  of  cities  and  towns  as 
provided  by  section  four  of  chapter  four 
hundred  and  thirt5'-four  of  the  acts  of  nine- 
teen hundred  and  fifty-three  as  continued 
by  chapter  two  hundred  and  twenty-five 
of  the  acts  of  the  current  year;  provided, 
that  upon  termination  of  the  provisions  of 
said  chapter  four  hundred  and  thirty-four 
as  amended,  the  unexpended  amount  in 
this  item  shall  be  available  for  reimburse- 
ments, obligated  by  said  chapter  four  hun- 
dred and  thirty-four  as  amended,  and  shall 
be  expended  under  the  authority  of  the 
commission  on  administration  and  finance         $90,000  00 

Service  of  the  Department  of  "lEducation. 

School  Building  Assistance  Commission. 

2613-08  For  reimbursement  of  certain  cities  and  towns 
for  part  of  the  cost  of  construction  of  school 
projects,  as  authorized  by  chapter  six  hun- 
dred and  forty-five  of  the  acts  of  nineteen 
hundred  and  forty-eight  as  amended;  pro- 
vided, that  a  sum  equivalent  to  the  pay- 
ments under  this  item  shall  be  transferred 
to  the  General  Fund  from  the  receipts  of 
the  income  tax $2,000,000  00 

School  Lunch  and  Commodity  Distribution  Program. 

2613-09  Item  2613-09  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out 
the  wording  and  inserting  in  place  thereof 
the  following:  — 


Acts,  1955.  — Chap.  784.  905 


Item 

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,  and  if  necessary  for  supplementing 
federal  funds  allocated  for  the  special  milk 
program:  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 
transferred  to  the  General  Fund  from  the 
receipts  of  the  income  tax. 


APPROPRIATION  MADE  FROM  THE  VETERANS'  SERVICES 

FUND. 

Service  of  the  State  Housing  Board. 

3526-11  For  the  liquidation  of  certain  abandoned 
housing  projects,  as  authorized  bj''  chapters 
five  hundred  and  sixty-seven  and  five  hun- 
dred and  seventy-two  of  the  acts  of  the 
current  year $50,700  00 


APPROPRIATION  PAYABLE  FROM  REVENUE  CREDITED  TO 
THE  OLD  AGE  ASSISTANCE  FUND. 

Service  of  the  Department  of  Public  Welfare. 

3626-02  Item  3626-02  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
Notwithstanding  the  provisions  of  section  ten 
of  chapter  sixty-four  B  of  the  General  Laws 
regulating  payments  from  receipts  under 
said  chapter  to  cities  and  towns,  heretofore 
made  without  appropriation,  a  sum  not 
exceeding  two  million  dollars  is  hereby 
appropriated  from  the  Old  Age  Assistance 
Fund  for  such  payments,  and  the  total 
amounts  to  be  paid  by  the  state  treasurer 
on  or  before  November  twentieth,  nine- 
teen hundred  and  fifty-five,  from  the  sum 
herein  appropriated,  shall  be  not  less  than 
one  milUon  dollars  ....     $1,000,000  00 


DEBT   SERVICE   APPROPRIATIONS. 

APPROPRIATION   MADE   FROxM   THE   GENERAL   FUND. 

Interest  and  Redemption  of  Debt. 

2410-00  For  the  payment  of  interest  on  the  direct 
debt  of  the  commonwealth,  to  be  in  addi- 
tion to  the  amounts  appropriated  in  items 
2951-00,  3180-02  and  3590-02,  prior  ap- 
propriation continued      ....  $71,568  00 


906 


Acts,  1955.  —  Chap.  784. 


APPROPRIATION  MADE  FROM  THE  VETERANS'  SERVICES 

FUND. 


Item 
3590-02 


Interest  and  Redemption  of  Debt. 

For  the  payment  of  interest  on  the  direct 
debt  of  the  commonwealth,  to  be  in  addi- 
tion to  the  amounts  appropriated  in  items 
2410-00,  2951-00  and  3180-02,  prior  ap- 
propriation continued      .... 


$457,000  00 


Miscellaneous. 

0101-56  For  the  expenses  of  the  senate  committee  on 
ways  and  means,  including  not  more  than 
one  permanent  position   ....  $3,600  00 

0102-02    For  the  salary  of  the  clerk  of  the  house  of 

representatives        .....  1,520  00 

0102-03    For  the  salary  of  the  assistant  clerk  of  the 

house  of  representatives  .  .  .  1,120  00 

0102-08  Item  0102-08  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  clerical  and  other  assistance  to  the  house 
committee  on  ways  and  means,  including 
not  more  than  five  permanent  positions, 
prior  appropriation  continued  .  .  .  1,300  00 

0102-04  For  clerical  assistance  to  the  clerk  of  the 
house  of  representatives,  including  not 
more  than  four  permanent  positions  .  2,300  00 

0110-10    For  the  purchase  and  distribution  of  an  index 

of  laws  passed  in  the  current  session  .  950  00 

0110-52  For  expenses  of  the  committee  on  judiciary 
in  its  investigation  and  study  and  for  the 
committee  sitting  as  a  special  committee  to 
review  the  recommendations  of  the  com- 
missioners established  by  chapter  ninety- 
four  of  the  resolves  of  nineteen  hundred 
and  forty-eight,  as  authorized  by  joint 
orders  of  the  general  court;  provided,  that 
the  sum  of  two  hundred  and  fifty  dollars 
may  be  paid  to  the  counsel  of  the  com- 
mittee, notwithstanding  the  requirement 
that  the  final  report  of  the  committee  shall 
be  filed  not  later  than  June  eighth,  nine- 
teen hundred  and  fifty-five,  for  the  year 
nineteen  hundred  and  fifty-six  and  the 
previous  year  .....  250  00 

0255-03  For  an  investigation  and  studj'^  relative  to 
the  erection  of  a  steel  mill  and  aluminum 
mill  within  the  commonwealth,  as  author- 
ized by  chapter  one  hundred  and  thirty-six 
of  the  resolves  of  the  current  year     .  .  500  00 

0255-08  For  an  investigation  and  study  of  the  laws 
relating  to  industrial  homework,  as  au- 
thorized by  chapter  one  hundred  and  forty 
of  the  resolves  of  the  current  year     .  .  250  00 

0256-19  For  an  investigation  and  study  relative  to 
the  future  use  of  the  Brookline-Newton 
water  lands,  as  authorized  by  chapter 
thirty-eight  of  the  resolves  of  the  current 
year 250  00 


Acts,  1955.  —  Chap.  784.  907 

Item 

0256-20  For  an  investigation  and  study  relative  to 
juvenile  delinquency  and  publications  por- 
traying crime,  as  authorized  by  chapter 
one  hundred  and  thirty-seven  of  the  re- 
solves of  the  current  year         .         .         .  $2,500  00 

0501-02  For  the  office  of  the  secretary,  including  not 
more  than  seventy-six  permanent  posi- 
tions       4,000  00 

0901-22  Item  0901-22  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  a  program  of  soil  conservation,  as 
authorized  by  chapter  one  hundred  and 
twenty-eight  B  of  the  General  Laws,  as 
amended 325  00 

1201-02  For  personal  services  of  the  department,  ex- 
cept as  otherwise  provided,  including  not 
more  than  six  hundred  and  sixty-six  per- 
manent positions ;  provided  that  the  comp- 
troller shall  transfer  to  the  General  Fund 
the  sum  of  one  hundred  thirty-four  thou- 
sand eight  hundred  and  eighty-one  dol- 
lars from  the  Highway  Fund,  the  sum  of 
one  hundred  thirty-four  thousand  eight 
hundred  and  eighty-one  dollars  from 
amounts  collected  under  chapter  sixty- 
four  B  of  the  General  Laws  and  the  sum 
of  one  million  six  hundred  ninety-four 
thousand  dollars  from  the  receipts  of  the 
income  tax     ......  73,000  00 

1203-01  Item  1203-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  the  service  of  the  division,  including  not 
more  than  one  hundred  and  thirty-one 
permanent  positions,  partly  chargeable  to 
item  1203-11 20,000  00 

1203-11  For  expenses  of  auditing  and  installing  sys- 
tems of  municipal  accounts,  the  cost_  of 
which  is  to  be  assessed  upon  the  munici- 
palities for  which  the  work  is  done    .         .  4,000  GO 

1651-02  Item  1651-02  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 
For  the  service  of  the  board,  including  not 
more  than  one  hundred  and  forty-seven 
permanent  positions;  provided,  that  the 
incumbent  on  requisition  number  56098 
shall  have  permanent  status  under  chapter 
thirty-one  of  the  General  Laws  subject 
to  passing  a  qualifying  examination;  and, 
provided  further,  that  notwithstanding  the 
provisions  of  chapter  six  hundred  and 
thirty  of  the  acts  of  nineteen  hundred  and 
fifty-two,  the  board  shall  provide  such 
clerical  service  from  time  to  time  as  may  be 
required  by  the  Massachusetts  rehabilita- 
tion commission 


908 


Acts,  1955.  — Chap.  784. 


Item 
1802-01 


For  the  operation  of  prison  camps,  as  author- 
ized by  chapter  seven  hundred  and  fifty- 
five  of  the  acts  of  nineteen  hundred  and 
fifty-one,  including  not  more  than  twenty- 
four  permanent  positions,  to  be  in  addi- 
tion to  the  amount  appropriated  in  item 
1801-05  of  section  two  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  nine- 
teen hundred  and  fifty-four 


$24,225  00 


Ninety  days  after  the  effective  date  of  section  one 
hundred  and  nineteen  of  chapter  seven  hun- 
dred and  seventy  of  the  acts  of  the  current 
year,  the  following  seven  items  shall  be  avail- 
able for  the  industries  of  the  several  cor- 
rectional institutions,  and  any  permanent 
positions  authorized  in  section  two  of  chapter 
seven  hundred  and  six  of  the  acts  of  the  cur- 
rent year  shall  be  transferred,  consistent  with 
the  corresponding  transfers  of  appropria- 
tions authorized  in  said  items: 

1801-03  For  the  administration  of  industries  in  cor- 
rectional institutions,  including  not  more 
than  six  permanent  positions;  provided, 
that  the  amount  appropriated  in  item 
4901-01  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  shall  be  transferred  and  made  avail- 
able for  the  purposes  of  this  item. 

1802-02     For  the  service  of  industries  in  prison  camps  $3,000  00 

1810-02     For  the  service  of  industries  at  the  state  farm  22,000  00 

1812-02  For  the  service  of  industries  at  the  state 
prison,  including  not  more  than  twenty- 
five  permanent  positions;  provided,  that 
the  amount  appropriated  in  item  4930-02 
of  section  two  of  chapter  seven  hundred 
and  six  of  the  acts  of  the  current  year  shall 
be  transferred  and  made  available  for  the 
purposes  of  this  item       ....         286,253  00 

1814-02  For  the  service  of  industries  at  the  Massachu- 
setts reformatory,  including  not  more  than 
twenty-six  permanent  positions;  provided, 
that  the  amount  appropriated  in  item 
4910-02  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  shall  be  transferred  and  made  avail- 
able for  the  purposes  of  this  item      .         .         177,389  00 

1816-02  For  the  service  of  the  industries  at  the  re- 
formatory for  women,  including  not  more 
than  twelve  permanent  positions;  pro- 
vided, that  the  amount  appropriated  in 
item  4920-02  of  section  two  of  chapter 
seven  hundred  and  six  of  the  acts  of  the 
current  year  shall  be  transferred  and  made 
available  for  the  purposes  of  this  item         .         109,000  00 

1818-02  For  the  service  of  the  industries  at  the  state 
prison  colony,  including  not  more  than 
twenty-seven  permanent  positions;  pro- 
vided, that  the  amount  appropriated  in 
item  4940-02  of  section  two  of  chapter 
seven  hundred  and  six  of  the  acts  of  the 
current  year  shall  be  transferred  and  made 
available  for  the  purposes  of  this  item       .         233,373  00 


Acts,  1955.  — Chap.  784. 


909 


Item 
2025-23 


2102-04 


2900-13 


3501-02 

362&-01 
8602-30 


8602-90 


8602-91 


8602-92 


0110-63 
0256-21 


For  the  razing  of  certain  obsolete  buildings 
and  the  relocation  of  certain  eteam  DOiains, 
prior  appropriation  continued,  appropria- 
tion expires  June  thirtieth,  nineteen  hun- 
dred and  fifty-seven         ....  $8,000  00 

Item  2102-04  of  section  two  of  chapter  seven 
hundred  and  six  of  the  acts  of  the  current 
year  is  hereby  amended  by  striking  out  the 
wording  and  inserting  in  place  thereof  the 
following:  — 

For  expert  assistance  to  the  commissioner, 
and  for  maintenance  of  laboratories,  in- 
cluding not  more  than  eleven  permanent 
positions 3,640  00 

For  the  construction  of  playgrounds  in  the 
city  of  Chelsea  as  authorized  by  chapter 
715  of  the  acts  of  the  current  year;  pro- 
vided that  the  comptroller  shall  transfer  to 
the  Highway  Fund  a  sum  equal  to  the  ex- 
penditures made  from  this  item  from  the 
General  Fund  .         .         .         .         .         100,000  00 

For  the  office  of  the  commissioner,  including 
not  more  than  eighty-three  permanent  po- 
sitions     1,260  GO 

For  reimbursement  to  cities  and  towns  for 

old  age  assistance,  as  provided  by  law        .       1,350,000  00 

For  the  construction  of  a  certain  fence  along 
the  banks  of  the  Neponset  river,  appropria- 
tion expires  June  thirtieth,  nineteen  hun- 
dred and  fifty-seven;  provided,  that  the 
provisions  of  section  thirty  A  of  chapter 
seven  of  the  General  Laws  shall  not  apply 
to  expenditures  made  from  this  item  .  5,000  00 

For  certain  improvements  at  the  Charles 
River  basin  dam,  including  the  purchase 
and  installation  of  equipment;  provided, 
that  the  provisions  of  section  thirty  A  of 
chapter  seven  of  the  General  Laws  shall 
not  apply  to  expenditures  made  from  this 
item,  appropriation  expires  June  thirtieth, 
nineteen  hundred  and  fifty-seven       .  .  100,000  00 

For  certain  improvements  and  flood  control 
protective  work  in  the  Mystic  River  drain- 
age area;  provided,  that  the  provisions  of 
section  thirty  A  of  chapter  seven  of  the 
General  Laws  shall  not  apply  to  expendi- 
tures made  from  this  item,  appropriation 
expires  June  thirtieth,  nineteen  hundred 
and  fifty-seven 450,000  00 

For  the  development  of  certain  recreation 
areas,  as  authorized  by  chapter  five  hun- 
dred and  fifty-eight  of  the  acts  of  the  cur- 
rent year;  provided,  that  the  provisions 
of  section  tmrty  A  oi  chapter  seven  of  the 
General  Laws  shall  not  apply  to  expendi- 
tures made  from  this  item,  appropriation 
expires  June  thirtieth,  nineteen  hundred 
and  fifty-seven        .  .  .  .  .  150,000  00 

For  certain  travel  expenses  of  the  committee 
on  public  welfare,  as  authorized  by  a  joint 
order  of  the  general  court         .  .  .  500  00 

For  a  survey  of  certain  dams,  dam  sites  and 
reservoirs,  as  authorized  by  chapter  one 
hundred  and  forty-two  of  the  resolves  of 
the  current  year 2,500^00 


910 


Acts,  1955.  — Chap.  784. 


Item 
0256-23 


3010-01 
0501-03 


2820-33 


3513-01 


For  an  investigation  and  study  relative  to  the 
construction  of  an  additional  crossing  be- 
tween Boston  and  East  Boston  and  relative 
to  the  creation  of  the  Massachusetts  Port 
Authority,  as  authorized  by  chapter  one 
hundred  and  forty-six  of  the  resolves  of  the 
current  year $2,500  00 

For  the  service  of  the  administrative  com- 
mittee of  district  courts  ....  2,000  00 

For  a  survey  and  study  relative  to  the  dis- 
position of  certain  documents  and  papers, 
as  authorized  by  chapter  one  hundred  and 
four  of  the  resolves  of  the  current  year      .  5,000  00 

For  rental  of  office  space  outside  of  the  state 
house,  including  the  cost  of  moving  and 
expenses  incidental  thereto,  the  sum  of  ten 
thousand  dollars  is  hereby  appropriated 
and  made  available  for  transfer,  with  the 
approval  of  the  commission  on  administra- 
tion and  finance,  to  appropriations  where 
the  amounts  otherwise  available  are  in- 
sufficient for  the  purpose  .  .  .  10,000  00 

For  an  audit  of  certain  housing  authorities 
as  authorized  by  chapter  six  hundred  and 
eighty-two  of  the  acts  of  nineteen  hundred 
and  forty-nine         .....  1,765  00 


2899-00 
2999-00 
4099-00 


DEFICIENCIES 

For  deficiencies  in  certain  appropriations  of 

previous  3^ears,  in  certain  funds,  as  follows: 

General  Fund    ...... 

Highway  Fund  ..... 

State  Recreation  Areas  Fund 


$12,155  00 
2,960  00 
1,286  00 


Section  3.  Wherever,  in  section  two  of  this  act,  it  is 
provided  that  transfers  shall  be  made  from  a  fund,  account 
or  receipts,  of  a  specific  sum,  a  percentage  of  payments,  or 
a  sum  equivalent  to  payments,  such  transfers  of  a  specific 
sum  shall  be  made  upon  the  effective  date  of  this  act,  and 
all  others  shall  be  made  quarterly  unless  otherwise  pro- 
vided; except,  that  at  the  close  of  a  fiscal  year,  the  amount 
equivalent  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  T\dthin  or  without  the 
commonwealth  at  the  expense  thereof,  unless  such  reim- 
bursement is  in  accordance  with  rules  and  rates  established 
in  accordance  with  section  twenty-eight  of  chapter  seven  of 
the  General  Laws. 

Section  5.  The  allowance  to  state  employees  for  ex- 
penses incurred  by  them  in  the  operation  of  motor  vehicles 
owned  by  them  and  used  in  the  performance  of  their  official 
duties  shall  not  exceed  seven  cents  a  mile.  No  payment 
shall  be  made  or  obhgation  incurred  for  the  garaging  of  any 
passenger  vehicle  owned  bj''  the  commonwealth  and  oper- 
ated by  an  employee  thereof  as  transportation  from  his 


Acts,  1955.  — Chap.  784.  911 

place  or  places  of  employment  to  the  vicinity  of  his  resi- 
dence, and  no  payment  shall  be  made  or  obligation  incurred 
for  the  garaging  of  anj''  motor  vehicle  in  private  garages 
under  any  circumstances  except  upon  prior  approval  by 
the  commission  on  administration  and  finance. 

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  conmiittee  on  ways  and 
means,  and,  except  as  otherwise  shown  by  the  files  of  said 
committee,  a  copy  of  which  shall  be  deposited  with  the 
division  of  personnel  and  standardization,  no  part  of  sums 
so  appropriated  in  section  two  shall  be  available  for  pay- 
ment of  salaries  of  any  additional  permanent  position,  or 
for  payments  on  account  of  reallocations  of  permanent  posi- 
tions, or  for  payments  on  account  of  any  change  of  salary 
range  or  compensation  of  any  permanent  positions,  not- 
withstanding any  special  or  general  act  to  the  contrary; 
p^o^dded,  that  no  vacancy  occurring  in  any  permanent  posi- 
tion included  in  said  schedules  of  permanent  positions,  ex- 
cepting in  the  services  of  the  legislature  or  the  judiciary,  or  of 
institutions  under  the  jurisdiction  of  the  departments  of 
mental  health,  correction,  public  welfare  and  public  health, 
and  the  youth  service  board,  the  Soldiers'  Home  in  Massa- 
chusetts and  the  Soldiers'  Home  in  Holyoke,  and  excepting 
positions  which  are  subject  to  appointment  by  the  governor, 
with  or  without  the  consent  of  the  council,  may  be  filled  in 
any  manner  without  approval  by  the  commission  on  ad- 
ministration and  finance. 

Section  7.  In  addition  to  the  payment  of  regular  sala- 
ries, sums  appropriated  for  personal  services  in  the  fiscal 
year  nineteen  hundred  and  fifty-six  shall  be  available  for 
the  payment  of  such  other  forms  of  compensation  as  may 
be  due  under  existing  statutes,  or  under  the  provisions  of 
rules  and  regulations  made  in  accordance  with  said  statutes. 

Section  8.  All  federal  subventions  and  grants  available 
to  the  commonwealth  under  any  act  of  congress  and  not 
otherAvise  authorized  to  be  received  shall  be  paid  into  the 
treasury  of  the  commonwealth;  provided,  however,  that 
applications  for  such  subventions  and  grants,  and  for  trans- 
fers within  such  subventions  and  grants,  shall  be  subject  to 
the  approval  of  the  commission  on  administration  and  fi- 
nance. All  federal  subventions  and  grants  received  by  the 
commonwealth  may  be  expended  without  specific  appro- 
priation if  such  expenditures  are  otherwise  in  accordance 
with  law.  All  income,  including  federal  subventions  and 
grants,  received  by  the  commonwealth  from  or  on  account 
of  veterans  in  payment  for  veterans'  services,  shall  be  cred- 
ited to  the  veterans'  services  fund. 

Section  9.  Notwithstanding  any  special  or  general  law 
to  the  contrary,  the  commissioner  of  education  may  approve 
the  payment  of  travel  expenses  of  the  members  of  the 
Massachusetts  committee  appointed  to  attend  the  White 


912  Acts,  1955.  — Chap.  784. 

House  Conference  on  Education  to  be  held  in  Washington, 
D.  C,  from  funds  received  for  the  purpose  from  the  federal 
government  and  credited  by  the  comptroller  to  item  4159-00. 

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

Section  11.  Except  as  otherwise  specifically  provided  in 
this  act,  the  appropriations  and  authorizations  in  this  act 
shall  become  effective  upon  its  passage. 

Approved  September  16,  1955. 


RESOLVES. 


Resolve  providing  for  an  investigation  by  the  judi-  Qhap.      1 

CIAL  COUNCIL  relative  TO  THE  EXAMINATION  OF  PERSONS 
CALLED   AS   JURORS. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document 
numbered  eleven  hundred  and  fifteen,  relative  to  the  ex- 
amination of  persons  called  as  jurors,  and  to  include  its 
conclusions  and  its  recommendations,  if  any,  in  relation 
thereto,  with  drafts  of  such  legislation  as  may  be  necessary 
to  give  effect  to  the  same,  in  its  annual  report  for  the  current 
year.  Approved  February  2,  1955. 

Resolve  providing  for  an  investigation  by  the  judi-  Chap.     2 

CIAL    council    relative    TO    PERMITTING    A    VERDICT    IN 
CIVIL   cases    by   ten    members    OP   A   JURY. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document 
numbered  eleven  hundred  and  seventeen,  relative  to  per- 
mitting a  verdict  in  civil  cases  by  ten  members  of  a  jury,  and 
to  include  its  conclusions  and  its  recommendations,  if  any, 
in  relation  thereto,  with  drafts  of  such  legislation  as  may  be 
necessary  to  give  effect  to  the  same,  in  its  annual  report  for 
the  current  year.  Approved  February  2,  1955. 

Resolve   providing   for  a   proper   representation   of  Chap.     3 
the  commonwealth  at  the  state  convention  of  the 

AMERICAN  veterans  OF  WORLD  WAR  II,  AMVETS,  TO  BE 
HELD  IN  THE  CITY  OF   HOLYOKE  IN  THE  CURRENT  YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  state  convention 
of  the  American  Veterans  of  World  War  II,  AMVETS,  to 
be  held  in  the  city  of  Holyoke  in  the  current  year,  and  to 
ensure,  in  arranging  entertainment  and  other  events  in  con- 
nection therewith,  proper  co-operation  between  the  Massa- 
chusetts Department  of  the  American  Veterans  of  World 
War  II,  AMVETS,  and  the  commonwealth,  after  an  ap- 
propriation has  been  made  therefor,  there  may  be  expended, 
with  the  approval  and  under  the  direction  of  the  governor 
and  council,  such  sums  as  may  be  appropriated  therefor. 

Approved  February  3,  1955. 


914  RESOLVES;  1955.  —  Chaps.  4,  5,  6. 


Chap.     4  Resolve  providing  for  a  proper  representation  of  the 

COMMONWEALTH  AT  THE  STATE  CONVENTION  OF  THE  DIS- 
ABLED AMERICAN  VETERANS,  DEPARTMENT  OF  MASSACHU- 
SETTS, INC.,  TO  BE  HELD  IN  THE  CITY  OF  BOSTON  IN  THE 
CURRENT   YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  state  conven- 
tion of  the  Disabled  American  Veterans,  Department  of 
Massachusetts,  Inc.,  to  be  held  in  the  city  of  Boston  in  the 
current  year,  and  to  ensure,  in  arranging  entertainments  and 
other  events  in  connection  therewith,  proper  co-operation 
between  the  Disabled  American  Veterans,  Department  of 
Massachusetts,  Inc.  and  the  commonwealth,  there  may  be 
expended,  with  the  approval  and  under  the  direction  of  the 
governor  and  council,  for  said  purpose  such  sums  as  may  be 
appropriated  therefor.  Approved  February  3,  1955. 

Chap.     5  Resolve   providing   for  a   proper   representation   of 

THE  COMMONWEALTH  AT  THE  NATIONAL  CONVENTION  OF 
THE  RESERVE  OFFICERS  ASSOCIATION  OF  THE  UNITED 
STATES,  TO  BE  HELD  IN  THE  CITY  OF  BOSTON  IN  THE  CUR- 
RENT YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  con- 
vention of  the  Reserve  Officers  Association  of  the  United 
States,  to  be  held  in  the  city  of  Boston  from  June  twenty- 
second  to  June  twenty-fifth  in  the  current  year,  and  to  en- 
sure, in  arranging  entertainments  and  other  events  in  con- 
nection therewith,  proper  co-operation  between  the  Reserve 
Officers  Association  of  the  United  States  and  the  common- 
wealth, there  may  be  expended,  with  the  approval  and  under 
the  direction  of  the  governor  and  council,  such  sums  as  may 
be  appropriated  therefor.  Approved  February  3,  1955. 

Chap.     6  Resolve  providing  for  a  proper  representation  of  the 

COMMONWEALTH  AT  THE  NATIONAL  CONVENTION  OF  THE 
VETERANS  OP  FOREIGN  WARS  OF  THE  UNITED  STATES  TO 
BE  HELD  IN  THE  CITY  OF  BOSTON  IN  THE  CURRENT  YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  con- 
vention of  the  Veterans  of  Foreign  Wars  of  the  United 
States,  to  be  held  in  the  city  of  Boston  in  the  current  year, 
and  to  ensure,  in  arranging  entertainments  and  other  events 
in  connection  therewith,  proper  co-operation  between  the 
Massachusetts  Department  of  the  Veterans  of  Foreign  Wars 
of  the  United  States  and  the  commonwealth,  there  may  be 
expended,  with  the  approval  and  under  the  direction  of  the 
governor  and  council,  such  sums  as  may  be  appropriated 
therefor.  Approved  February  3,  1955. 


Resolves,  1955.  —  Chaps.  7,  8,  9.  915 


Resolve  providing  for  a  proper  representation  of  the  Chap.     7 

COMMONWEALTH  AT  THE  STATE  CONVENTION  OF  THE 
AMERICAN  LEGION  TO  BE  HELD  IN  THE  CITY  OF  REVERE 
IN   THE    CURRENT   YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  state  conven- 
tion of  The  American  Legion  to  be  held  in  the  city  of  Revere 
in  the  current  year,  and  to  ensure,  in  arranging  entertain- 
ments and  other  events  in  connection  therewith,  proper  co- 
operation between  the  Massachusetts  Department  of  The 
American  Legion  and  the  commonwealth,  there  may  be  ex- 
pended, with  the  approval  and  under  the  direction  of  the 
governor  and  council,  for  said  purpose  such  sums  as  may  be 
appropriated  therefor.  Approved  February  S,  1955. 

Resolve   providing   for  a   proper  representation   of  Chap.     8 

THE  COMMONWEALTH  AT  THE  STATE  CONVENTION  OF  THE 
VETERANS  OF  FOREIGN  WARS  OF  THE  UNITED  STATES  TO 
BE  HELD  IN  THE  CITY  OF  SPRINGFIELD  IN  THE  CURRENT 
YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  state  convention 
of  the  Veterans  of  Foreign  Wars  of  the  United  States  to  be 
held  in  the  city  of  Springfield  in  the  current  year,  and  to 
ensure,  in  arranging  entertainments  and  other  events  in 
connection  therewith,  proper  co-operation  between  the 
Massachusetts  Department  of  the  Veterans  of  Foreign  Wars 
of  the  United  States  and  the  commonwealth,  there  may  be 
expended,  with  the  approval  and  under  the  direction  of  the 
governor  and  council,  for  said  purpose  such  sums  as  may  be 
appropriated  therefor.  Approved  February  3,  1955. 

Resolve  further  continuing  the  special  commission  Chap.     9 

ESTABLISHED  TO  INVESTIGATE  THE  EXISTENCE  AND  EX- 
TENT OF  ORGANIZED  CRIME  AND  GAMBLING,  AND  OTHER 
RELATED   MATTERS,    WITHIN  THE   COMMONWEALTH. 

Resolved,  That  the  unpaid  special  commission,  estabhshed 
by  chapter  one  hundred  of  the  resolves  of  nineteen  hundred 
and  fifty-three  and  most  recently  continued  by  chapter 
eighty  of  the  resolves  of  nineteen  hundred  and  fifty-four,  is 
hereby  revived  and  continued  until  August  first,  nineteen 
hundred  and  fifty-five. 

For  the  purpose  of  this  resolve  said  commission  may  ex- 
pend the  balance  available  in  item  0275-00  of  section  two  of 
chapter  six  hundred  and  eighty-seven  of  the  acts  of  nineteen 
hundred  and  fifty-four,  and  in  addition  thereto  may  expend 
the  further  sum  of  five  thousand  dollars,  which  is  hereby 
appropriated  from  the  General  Fund  of  the  commonwealth. 

Approved  February  9,  1956. 


916  Resolves,  1955.  —  Chaps.  10,  11,  12. 

Chap.  10  Resolve  providing  for  a  proper  representation  of  the 

COMMONWEALTH  AT  THE  NATIONAL  CONVENTION  OF  THE 
FEDERAL  EMPLOYEES  VETERANS  ASSOCIATION,  INC.,  TO  BE 
HELD  IN  THE  CITY  OF  BOSTON  IN  THE  CURRENT  YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  con- 
vention of  the  Federal  Employees  Veterans  Association, 
Inc.,  to  be  held  in  the  city  of  Boston  on  September  thirtieth 
and  October  first  and  second  of  the  current  year,  and  to 
ensure,  in  arranging  entertainments  and  other  events  in  con- 
nection therewith,  proper  co-operation  between  the  Federal 
Employees  Veterans  Association,  Inc.,  and  the  common- 
wealth, there  may  be  expended,  with  the  approval  and 
under  the  direction  of  the  governor  and  council,  such  sums 
as  may  be  appropriated  therefor. 

Approved  February  9,  1966. 

Chap.   11  Resolve  providing  for  a  proper  representation  of  the 

COMMONWEALTH  AT  THE  STATE  CONVENTION  OF  THE  ARMY 
AND  NAVY  UNION,  U.  S.  A.,  TO  BE  HELD  IN  THE  CITY  OF 
WORCESTER  IN  THE   CURRENT  YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  state  convention 
of  the  Army  and  Navy  Union,  U.  S.  A.,  to  be  held  in  the  city 
of  Worcester  in  May  of  the  current  year,  and  to  ensure,  in 
arranging  entertainments  and  other  events  in  connection 
therewith,  proper  co-operation  between  Army  and  Navy 
Union,  U.  S.  A,,  Department  of  Massachusetts,  Inc.  and  the 
commonwealth,  there  may  be  expended,  with  the  approval 
and  under  the  direction  of  the  governor  and  council,  such  sum 
as  may  be  appropriated  therefor. 

Approved  February  9,  1966. 

Chap.   12  Resolve  providing  for  a  proper  representation  of  the 

COMMONWEALTH  AT  THE  NATIONAL  CONVENTION  OF  THE 
10  1st  airborne  division  ASSOCIATION  TO  BE  HELD  IN 
THE   CITY   OF   BOSTON   IN   THE   CURRENT   YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  con- 
vention of  the  101st  Airborne  Division  Association  to  be 
held  in  the  city  of  Boston  on  September  second  and  third  in 
the  current  year,  and  to  ensure,  in  arranging  entertainments 
and  other  events  in  connection  therewith  proper  co-operation 
between  said  association  and  the  commonwealth,  there  may 
be  expended,  with  the  approval  and  under  the  direction  of 
the  governor  and  council,  such  sums  as  may  be  appropriated 
therefor.  Approved  February  9,  1955. 


Resolves,  1955.  — Chaps.  13,  14,  15,  16.  917 


Resolve  validating  the  acts  of  Beatrice  l.  burns  as  a  (jfiQnj^   13 

NOTARY    PUBLIC. 

Resolved,  That  the  acts  of  Beatrice  L.  Burns  of  Fitchburg 
as  a  notary  pubhc  between  August  seventh,  nineteen  hundred 
and  forty-eight  and  December  seventeenth,  nineteen  hun- 
dred and  fifty-four,  both  dates  inclusive,  in  so  far  as  the  same 
may  have  been  invahd  by  reason  of  the  fact  that,  upon  the 
change  of  her  name  from  Beatrice  L.  Andrews,  she  failed  to 
re-register  under  her  new  name  and  pay  to  the  secretary  of 
the  commonwealth  the  fee  of  one  dollar  as  required  by  section 
thirteen  of  chapter  thirty  of  the  General  Laws,  are  hereby 
confirmed  and  made  valid.      Approved  February  10,  1955. 


Resolve    designating    the    proposed    interchange    in  QJiap^   14 

EVERETT  ON  ROUTE  1  AND  ROUTE  1a  AS  THE  GENERAL 

e.  leroy  sweetser  interchange. 

Resolved,  That  the  interchange,  when  constructed,  at 
Main  street  and  Broadway  in  the  city  of  Everett,  on  parts 
of  Route  1  and  Route  lA  shall  thereafter  be  known  as  the 
General  E.  Leroy  Sweetser  interchange,  in  honor  of  said 
soldier,  who  served  his  state  and  nation  as  warrior,  adminis- 
trator and  jurist.  The  metropoUtan  district  commission  is 
hereby  authorized  and  directed  to  place  and  maintain  suit- 
able markers  on  said  interchange. 

Approved  February  10,  1955. 


Resolve  validating  the  acts  of  Gladys  n.  forgham  of  Qfi^j)^   15 

ARLINGTON   AS   A   NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Gladys  N.  Forgham  of  Arhngton, 
as  a  notary  public  between  January  ninth,  nineteen  hundred 
and  fifty-four  and  August  thirteenth,  nineteen  hundred  and 
fifty-four,  both  dates  inclusive,  in  so  far  as  the  same  may  have 
been  invahd  by  reason  of  the  fact  that,  upon  the  change  of  her 
name  from  Gladys  N.  Dalton  she  failed  to  re-register  under  her 
new  name  and  pay  to  the  state  secretary  a  fee  of  one  dollar  as 
required  by  section  thirteen  of  chapter  tliirty  of  the  General 
Laws,  are  hereby  confirmed  and  made  valid. 

Approved  February  10,  1955. 


Resolve  validating  the  acts  of  mildred  f.  Goldstein  Chap.  16 
OF  boston  as  a  notary  public. 

Resolved,  That  the  acts  of  Mildred  F.  Goldstein  of  Boston 
as  a  notary  pubhc  between  January  eighteenth,  nineteen 
hundred  and  fifty-two  and  November  seventeenth,  nineteen 
hundred  and  fiftj^-four,  both  dates  inclusive,  in  so  far  as  the 
same  may  have  been  invalid  by  reason  of  the  fact  that,  upon 
the  change  of  her  name  from  Mildred  Finkovitch,  she  failed 
to  re-register  under  her  new  name  and  pay  to  the  state 


918  Resolves,  1955. —  Chaps.  17,  18,  19. 

secretary  a  fee  of  one  dollar  as  required  by  section  thirteen 
of  chapter  thirty  of  the  General  Laws,  are  hereby  confirmed 
and  made  valid.  Approved  February  11,  1955. 

Chap.   17  Resolve   validating   the  acts   of  mary   l.   leiber  of 

WORCESTER   AS   A    NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  Mary  L.  Leiber  of  Worcester  as 
a  notary  public  between  April  nineteenth,  nineteen  hundred 
and  fifty-three  and  September  tenth,  nineteen  hundred  and 
fifty-four,  both  dates  inclusive,  in  so  far  as  the  same  may 
have  been  invalid  by  reason  of  the  fact  that,  upon  the 
change  of  her  name  from  Mary  L.  Solomon,  she  failed  to 
re-register  under  her  new  name  and  pay  to  the  state  secre- 
tary a  fee  of  one  dollar  as  required  by  section  thirteen  of 
chapter  thirty  of  the  General  Laws,  are  hereby  confirmed  and 
made  valid.  Approved  February  16,  1956. 


Chap.   18  Resolve  providing  for  an  investigation  by  the  judicial 

COUNCIL    relative    TO    THE    ISSUANCE    OF    CERTIFICATES 
after    change    OF   NAME. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document 
numbered  six  hundred  and  sixteen,  relative  to  the  issuance 
of  certificates  after  change  of  name,  and  to  include  its  con- 
clusions and  its  recommendations,  if  any,  in  relation  thereto, 
together  with  drafts  of  such  legislation  as  may  be  necessary 
to  give  effect  to  the  same,  in  its  annual  report  for  the  current 
year.  Approved  February  23,  1956. 

Chap.   19  Resolve  in  favor  of  henry  r.  hayes. 

Resolved,  That,  for  the  purpose  of  promoting  the  pubhc 
good  and  in  consideration  of  his  long  and  meritorious  service, 
Henry  R.  Hayes,  former  superintendent  of  the  metropohtan 
district  commission  police,  is  hereby  made  eligible  to  receive 
payment  for  vacation  allowances  notwithstanding  the  pro- 
visions of  section  twenty-eight  of  chapter  seven  and  section 
thirty-one  A  of  chapter  twenty-nine  of  the  General  Laws, 
or  rules  and  regulations  made  thereunder,  and  for  the  purpose 
of  carrying  into  effect  the  provisions  of  this  resolve  there  shall 
be  allowed  and  paid  out  of  the  state  treasury  to  said  Henry  R. 
Hayes,  from  the  amount  appropriated  by  item  2931-06  of 
section  two  of  chapter  four  hundred  and  fifty-three  of  the 
acts  of  nineteen  hundred  and  fifty-four,  the  sum  of  nine 
hundred  and  twenty-two  dollars  and  five  cents. 

Approved  February  23,  1956. 


Resolves,  1955.  —  Chaps.  20,  21,  22.  919 


Resolve  providing  for  an  investigation  by  the  judicial  Qjiav    20 

COUNCIL  relative  TO  PROVIDING  FOR  A  REASONABLE 
STATUTE  OF  LIMITATIONS  UNDER  THE  WORKMEN'S  COM- 
PENSATION  LAW. 

Resolved,  That  the  judicial  council  be  requested  to  investi- 
gate the  subject  matter  of  current  senate  document  numbered 
three  hundred  and  two,  relative  to  providing  for  a  reasonable 
statute  of  limitations  under  the  workmen's  compensation 
law,  and  to  include  its  conclusions  and  its  recommendations, 
if  any,  in  relation  thereto,  together  with  drafts  of  such  legis- 
lation as  may  be  necessary  to  give  effect  to  the  same,  in  its 
annual  report  for  the  current  year. 

Approved  March  1,  1955. 

Resolve  reviving  and  continuing  the  fiscal  survey  Chap.  21 

COMMISSION. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  twenty  of  the  resolves  of  nineteen  hundred  and 
fifty-four  is  hereby  revived  and  continued  for  the  purpose  of 
continuing  its  mvestigation  and  study  relative  to  certain 
fiscal  practices  and  pohcies  of  the  commonwealth,  as  set 
forth  in  said  resolve.  Said  commission  may  expend  the 
balance  available  in  item  0299-00  of  section  two  of  chapter 
six  hundred  and  eighty- seven  of  the  acts  of  nineteen  hundred 
and  fifty-four  for  expenses  and  legal,  clerical  and  other 
assistance.  Said  commission  shall  be  provided  with  quarters 
in  the  state  house  or  elsewhere,  shall  hold  public  hearings, 
and  may  travel  within  and  without  the  commonwealth. 
Said  commission  shall  report  its  findings  and  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary  to 
carry  such  recommendations  into  effect  simultaneously  to 
the  governor,  and  to  the  general  court  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  on  or  before  March 
twenty-first,  nineteen  hundred  and  fifty-five. 

Approved  March  9,  1955. 

Resolve  providing  for  a  further  study  by  a  special  Chap.  22 

COMMISSION  RELATIVE  TO  CERTAIN  MATTERS  PERTAINING 
TO  THE  BLIND. 

Resolved,  That  an  unpaid  special  commission,  consisting 
of  one  member  of  the  senate,  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives, 
to  be  designated  by  the  speaker  thereof,  and  three  persons  to 
be  appointed  by  the  governor,  is  hereby  established  for  the 
purpose  of  making  a  further  study  of  matters  pertaining  to 
blind  persons  in  this  commonwealth. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  travel  within  and  without  the 
commonwealth,  and  may  expend  for  clerical  and  other  assist- 
ance and  expenses  such  sums  as  may  be  appropriated  there- 


920  Resolves,  1955.  —  Chaps.  23,  24,  25. 

for.  Said  commission  shall  report  to  the  general  court  the 
results  of  its  investigation  and  study,  and  its  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary  to 
carry  such  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before  the 
first  Wednesday  of  December  in  the  current  year. 

Approved  March  22,  1955. 

Chap.  23  Resolve  providing  for  .\n  investigation  by  the  judi- 
cial COUNCIL  relative  TO  THE  APPOINTMENT  OF  ATTOR- 
NEYS BY  THE  INSURANCE  COMMISSIONER  IN  CERTAIN  CASES. 

Resolved,  That  the  judicial  council  be  requested  to  investi- 
gate the  subject  matter  of  current  house  document  numbered 
eighteen  hundred  and  forty-six,  relative  to  the  appointment  of 
attorneys  by  the  insurance  commissioner  in  certain  cases,  and 
to  include  its  conclusions  and  recommendations,  if  any,  in 
relation  thereto,  with  drafts  of  such  legislation  as  may  be 
necessary  to  give  effect  to  the  same,  in  its  annual  report  for 
the  year  nineteen  hundred  and  fifty-five. 

Approved  March  23,  1955. 

Chap.  24  Resolve  providing  for  a  proper  representation  of  the 

COMMONWEALTH  AT  THE  NATIONAL  CONVENTION  OF  THE 
63rd  DIVISION  ASSOCIATION  TO  BE  HELD  AT  BOSTON  IN 
THE  CURRENT  YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  at  the  national  convention  of  the  63rd 
Division  Association  to  be  held  at  the  city  of  Boston  during 
the  month  of  July  in  the  current  year,  and  to  ensure,  in  ar- 
ranging entertainments  and  other  events  in  connection  there- 
with, proper  co-operation  between  the  63rd  Division  Associa- 
tion and  the  commonwealth,  there  may  be  expended,  with  the 
approval  and  under  the  direction  of  the  governor  and  council, 
such  sums  as  may  be  appropriated  therefor. 

Approved  March  23,  1955. 

Chap.  25  Resolve  designating  the  traffic  circle  at  the  junc- 
tion OF  powder  house  boulevard  and  alewife  brook 

PARKWAY  in  the  CITY  OF  SOMERVILLE  AS  THE  TECHNICAL 
sergeant  victor  J.  COZZA  AND  STAFF  SERGEANT  SALVA- 
TORE   E.    COZZA    CIRCLE. 

Resolved,  That  the  traffic  circle  at  the  junction  of  Powder 
House  boulevard  and  Alewife  Brook  parkway  in  the  city  of 
Somerville  be  known  and  designated  as  the  Technical 
Sergeant  Victor  J.  Cozza  and  Staff  Sergeant  Salvatore  E. 
Cozza  circle,  and  that  the  metropohtan  district  commission 
be  authorized  and  directed  to  place  a  suitable  tablet  or 
marker  bearing  said  designation  thereat.  For  said  pur- 
poses said  commission  may  expend  such  sum  as  may  be 
appropriated  therefor.  Approved  April  1,  1955. 


Resolves,  1955.  —  Chaps.  26,  27,  28.  921 


Resolve  providing  for  an  investigation  by  the  judicial  QJidj)    26 

COUNCIL  relative  TO  THE  INHERITANCE  OF  PROPERTY 
BY   ILLEGITIMATE    CHILDREN. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document 
numbered  2144,  relative  to  the  inheritance  of  property  by 
illegitimate  children,  and  to  include  its  conclusions  and  its 
recommendations,  if  any,  in  relation  thereto,  together  with 
drafts  of  such  legislation  as  may  be  necessary  to  give  effect 
to  the  same,  in  its  annual  report  for  the  year  nineteen  hun- 
dred and  fifty-five.  Approved  April  1,  1955. 

Resolve  providing  for  an  investigation  by  the  judi-  Chap.  27 

CIAL  COUNCIL  relative  TO  PROTECTING  UNREGISTERED 
TITLES  TO  LAND  AGAINST  FORMAL  DEFECTS,  IRREGULARI- 
TIES AND  OMISSIONS  IN  INSTRUMENTS  RECORDED  MORE 
THAN  TEN  YEARS,  AND  RELATIVE  TO  PROTECTING  LAND 
AGAINST  OBSOLETE  RIGHTS  OF  ENTRY  AND  POSSIBILITIES 
OF   REVERTER. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  house  document 
numbered  thirteen  hundred  and  eighty-nine,  relative  to 
protecting  unregistered  titles  to  land  against  formal  defects, 
irregularities  and  omissions  in  instruments  recorded  more 
than  ten  years,  and  of  current  house  document  numbered 
thirteen  hundred  and  ninety,  relative  to  protecting  titles  to 
land  against  obsolete  rights  of  entry  and  possibilities  of 
reverter.  Approved  April  4,  1955. 

Resolve  authorizing  the  continuance  of  an  investi-  QJiaj)    28 

GATION  relative  TO  THE  STUDY  OF  THE  ELIMINATION  OR 
control  of  SUBMERGED  WEEDS  IN  CERTAIN  GREAT  PONDS 
OF  THE   COMMONWEALTH. 

Resolved,  That  the  department  of  pubHc  health,  the 
department  of  public  works  and  the  department  of  natural 
resources,  acting  as  a  joint  board,  and  directed  by  chapter 
sixty-seven  of  the  resolves  of  nineteen  hundred  and  fifty- 
three  and  chapter  sixty-five  of  the  resolves  of  nineteen 
hundred  and  fifty-four,  to  make  a  survey  and  investigation 
relative  to  the  elimination  and  control  of  submerged  weeds 
in  certain  great  ponds  and  tidal  estuaries  of  the  common- 
wealth, is  hereby  authorized  and  directed  to  continue  these 
investigations  and  surveys.  The  said  joint  board  shall  re- 
port to  the  general  court  the  final  results  of  its  investigation 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  out  the  same  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before  the 
first  Wednesday  in  December,  nineteen  hundred  and  fifty- 
seven.  For  the  purposes  of  carrying  out  the  provisions  of 
this  resolve  the  said  joint  board  may  expend  the  unex- 


922  Resolves,  1955.  —  Chaps.  29,  30,  31. 

pended  balance  in  budget  item  2015-25  of  chapter  four 
hundred  and  fifty-three  of  the  acts  of  nineteen  hundred  and 
fifty-four  and  such  sums  as  may  hereafter  be  appropriated 
therefor.  Approved  April  4,  1955. 

Chap.  29  Resolve  providing  for  an  investigation  by  the  judi- 
cial COUNCIL  RELATIVE  TO  ESTABLISHING  THE  COSTS  IN 
CERTAIN   COURT    CASES. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  current  senate  document 
numbered  thirty-nine,  relative  to  establishing  the  costs  in 
certain  court  cases,  and  to  include  its  conclusions  and 
recommendations  in  relation  thereto,  with  drafts  of  such 
legislation  as  may  be  necessary  to  give  effect  to  the  same, 
in  its  annual  report  for  the  current  year. 

Approved  April  4,  1955. 

Chap.  30  Resolve  validating  the  acts   of  henry  h.   da  vis   of 

BOSTON  as  a  notary  PUBLIC. 

Resolved,  That  the  acts  of  Henry  H.  Davis  of  Boston  as  a 
notary  public  between  November  seventh,  nineteen  hundred 
and  fifty-three  and  February  twenty-eighth,  nineteen  hun- 
dred and  fifty-five,  both  dates  inclusive,  are  hereby  con- 
firmed and  made  vahd  to  the  same  extent  as  if  during  said 
time  he  had  been  quahfied  to  discharge  the  duties  of  said 
office.  Approved  April  4,  1955. 

Chap.  31  Resolve  reviving  and  continuing  the  special  commis- 
sion established  to  make  an  investigation  and  study 
of  certain  laws  relative  to  city  budgets. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  107  of  the  resolves  of  1954  is  hereby  revived  and 
continued  for  the  purpose  of  continuing  the  investigation 
and  study  of  the  provisions  of  chapter  forty-four  of  the 
General  Laws  relative  to  budgetary  procedure  in  cities,  with 
a  view  to  making  such  changes  therein  or  additions  thereto 
as  may  appear  necessary  or  desirable.  In  the  course  of  its 
study  said  commission  shall  consider  the  subject  matter  of 
house  document  numbered  1278  of  1954.  Said  commission 
may  expend  for  clerical  and  other  expenses  the  balance 
available  in  item  0255-01  of  section  two  of  chapter  six 
hundred  and  eighty-seven  of  the  acts  of  nineteen  hundred 
and  fifty-four  and  such  other  sums  as  may  be  appropriated 
therefor,  and  shall  be  furnished  with  quarters  in  the  state 
house  or  elsewhere.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation  and  study,  and 
its  recommendations,  if  any,  together  with  drafts  of  legisla- 
tion necessary  to  carry  the  same  into  effect,  by  filing  the 
same  with  the  clerk  of  the  senate  on  or  before  the  first 
Wednesday  in  April  in  the  year  nineteen  hundred  and  fifty- 
five.  Approved  April  4,  1955. 


Resolves,  1955.  —  Chaps.  32,  33.  923 


Resolve  further  continuing  the  special  commission  (JliQ^ry    32 

ESTABLISHED     TO     MAKE    AN     INVESTIGATION     AND     STUDY 
RELATIVE   TO    THE   PROBLEMS   OF   TAXATION. 

Resolved,  That  the  unpaid  special  commission,  known  as 
the  special  commission  on  taxation,  established  by  chapter 
eighty-six  of  the  resolves  of  nineteen  hundred  and  forty- 
eight,  whose  membership  was  increased  by  chapter  fifty-one 
of  the  resolves  of  nineteen  hundred  and  forty-nine,  and  which 
was  most  recently  continued  by  chapter  ninety-three  of  the 
resolves  of  nineteen  hundred  and  fifty-four,  is  hereby  further 
continued  for  the  purpose  of  continuing  its  investigation  and 
study  relative  to  the  problems  of  taxation.  Said  commission 
shall  make  an  investigation  and  studj'^  of  the  general  subject 
of  taxation  in  the  commonwealth,  including  among  other 
things  the  assessment  and  collection  of  taxes  and  the  dis- 
tribution of  such  taxes.  Said  commission  shall  also  make 
such  investigation  and  study  with  a  view  to  the  revision  and 
codification  of  the  laws  relating  to  taxation  and  to  the 
recommending  of  such  changes  therein  and  additions  thereto 
as  may  appear  necessary  or  desirable. 

Said  commission  may  hold  public  hearings  and  may  call 
upon  officials  of  the  commonwealth  or  its  subdivisions  for 
such  information  as  it  may  desire  in  the  course  of  its  investi- 
gation and  study,  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  and  shall  have  the  power  to  summon 
witnesses  and  to  require  the  production  of  books,  records, 
contracts  and  papers  and  the  giving  of  testimony  under  oath. 
Said  commission  may  expend  for  expert,  clerical  and  other 
services  and  expenses  the  balance  available  in  item  0239-00 
of  section  two  of  chapter  six  hundred  and  eighty-seven  of 
the  acts  of  nineteen  hundred  and  fifty-four.  Said  com- 
mission shall  report  to  the  general  court  the  results  of  its 
investigation  and  study  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  from  time  to  time  and 
by  filing  a  final  report  on  or  before  the  first  Wednesday  in 
December  in  the  year  nineteen  hundred  and  fifty-five. 

Approved  April  6,  1955. 

Resolve  in  favor  of  john  e.   costello  and  carl  m.  (JJiQnj    33 

CURRIER    OF    MILTON.  ^' 

Resolved,  That  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  there  be  allowed  and  paid 
out  of  the  state  treasury,  subject  to  appropriation,  to  John 
E.  Costello  and  Carl  M.  Currier,  both  of  Milton,  in  satisfac- 
tion of  executions  issued  on  final  judgment  from  the  superior 
court  of  Suffolk  county  at  Boston  on  June  twenty-second, 
nineteen  hundred  and  fifty-four,  in  actions  commenced  by 
said  John  E.  Costello  and  Carl  IVI.  Currier  against  Bernard 
J.  O'Rourke  for  damages  resulting  from  an  accident  occur- 


924  Resolves,  1955.  —  Chaps.  34,  35. 

ring  August  twenty-third,  nineteen  hundred  and  fifty-one, 
involving  a  state-owned  motor  vehicle  operated  by  said 
O'Rourke  while  in  the  performance  of  his  duties  as  a  state 
employee  the  sums  of  six  thousand  four  hundred  and  eight 
dollars  and  fiifty-nine  cents,  and  six  thousand  five  hundred 
and  four  dollars  and  nineteen  cents,  respectively.  No  pay- 
ment shall  be  made  hereunder  until  there  has  been  filed  with 
the  comptroller  a  release  of  all  claims  approved  by  the  attor- 
ney general,  and  an  agreement  signed  by  said  John  E.  Costello 
and  Carl  M.  Currier  that  the  amount,  if  any,  paid  or  to  be 
paid  for  legal  services  rendered  in  connection  with  the  pas- 
sage of  this  resolve  shall  not  exceed  ten  per  cent  of  the  sum 
paid  or  payable  hereunder.  Approved  April  6,  1955. 

Chap.  34  Resolve   providing   for   a   proper  representation   of 

THE  COMMONWEALTH  AT  THE  STATE  CONVENTION  OF  THE 
MARINE  CORPS  LEAGUE,  TO  BE  HELD  IN  THE  CITY  OF  SPRING- 
FIELD   IN   THE    CURRENT   YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  state  conven- 
tion of  the  Marine  Corps  League,  to  be  held  in  the  city  of 
Springfield  on  June  seventeenth,  eighteenth  and  nineteenth 
in  the  current  year,  and  to  ensure,  in  arranging  entertain- 
ments and  other  events  in  connection  therewith,  proper 
co-operation  between  said  Marine  Corps  League  and  the 
commonwealth,  there  may  be  expended,  with  the  approval 
and  under  the  direction  of  the  governor  and  council,  for 
said  purpose  such  sums  as  may  be  appropriated  therefor. 

Approved  April  6,  1955. 

Chap.  35  Resolve  further  continuing  the  special   commission 

TO  STUDY  the  METHOD  OF  COMMITTING  PERSONS  TO  MENTAL 
hospitals,    and   THE   RIGHTS,    CARE,    TREATMENT   AND    RE- 
'  LEASE    OR   DISCHARGE    OF   PERSONS   SO    COMMITTED. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  one  hundred  and  eight  of  the  resolves  of  nineteen 
hundred  and  fifty-four  to  make  an  investigation  and  study 
of  the  method  of  committing  persons  to  mental  hospitals, 
and  the  rights,  care,  treatment  and  release  or  discharge  of 
persons  so  committed  is  hereby  continued  for  the  purpose  of 
continuing  said  investigation  and  study.  Said  commission 
shall  be  provided  with  quarters  in  the  state  house  or  else- 
where, may  hold  hearings,  and  may  expend  for  clerical  and 
other  assistance  and  for  expenses  the  balance  of  the  amount 
appropriated  in  item  0255-06  of  section  two  of  chapter  six 
hundred  and  eighty-seven  of  the  acts  of  nineteen  hundred 
and  fifty-four,  and  such  additional  sums  as  may  be  ap- 
propriated therefor.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation  and  study,  and 
its  recommendations,  if  any,  together  with  drafts  of  legis- 
lation necessary  to  carry  its  recommendations  into  effect, 


Resolves,  1955.  —  Chaps.  36,  37,  38.  925 

by  filing  the  same  with  the  clerk  of  the  senate  on  or  before 
the  first  Monday  of  May  in  the  current  year. 

Approved  April  6,  1955. 

Resolve   in    favor   of   edwin   e.    drewniak    of   west  Chap.  36 

SPRINGFIELD. 

Resolved,  That  for  the  purpose  of  discharging  a  moral  ob- 
ligation of  the  commonwealth  and  subject  to  appropriation, 
there  shall  be  paid  from  the  state  treasury  the  sum  of  fifteen 
hundred  dollars  to  Edwin  E.  Drewniak  of  West  Springfield,  ' 
who  received  severe  personal  injury  resulting  in  the  loss  of 
his  left  eye  by  reason  of  an  explosion  on  August  twenty-first, 
nineteen  hundred  and  fifty,  in  the  chemistry  laboratory  of  the 
University  of  Massachusetts,  where  said  Drewniak  was  at 
work,  as  compensation  to  said  Drewniak  for  all  hospital, 
medical  and  surgical  bills  contracted  by  him  as  a  result  of 
said  explosion.  Approved  April  7,  1955.  * 

Resolve  providing  for  an  investigation  by  the  judicial  Chap.  37 

COUNCIL  RELATIVE  TO  THE  DAMAGES  RECOVERABLE  UNDER 
THE  DEATH  STATUTES  AND  FOR  INJURIES  SUFFERED  BY 
INDUSTRIAL   WORKERS. 

Resolved,  That  the  judicial  council  be  requested  to  investi- 
gate the  subject  matter  of  current  house  document  numbered 
thirteen  hundred  and  fifty-seven,  relative  to  correcting  cer- 
tain errors  in  the  death  statutes  and  making  certain  provi- 
sions as  to  the  maximum  damages  recoverable  for  death  uni- 
form, and  the  subject  matter  of  current  house  document 
numbered  sixteen  hundred  and  seven,  relative  to  increasing 
the  safety  of  workmen  in  industry  by  providing  a  supple- 
mentary remedy  for  injuries  resulting  from  the  negHgence  of 
the  employer  or  his  agents,  and  to  include  its  conclusions 
and  its  recommendations,  if  any,  in  relation  thereto,  with 
drafts  of  such  legislation  as  may  be  necessary  to  give  effect 
to  the  same,  in  its  annual  report  for  the  current  year. 

Approved  April  7,  1955. 

Resolve  providing  for  an  investigation  and  study  by  Chap.  38 
A  special  commission  relative  to  the  future  use  of 

THE  BROOKLINE-NEWTON  WATER  LANDS. 

Resolved,  That  an  unpaid  special  commission  to  consist 
of  two  members  of  the  senate  to  be  designated  by  the  pres- 
ident thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  one  member  to 
be  designated  by  each  of  the  boards  of  selectmen  of  the 
towns  of  Brookhne,  Dedham  and  Needham,  and  one  by  the 
mayor  of  the  city  of  Newton,  is  hereby  estabhshed  for  the 
purpose  of  making  an  investigation  and  study  of  the  Brook- 
fine  and  Newton  water  lands,  lying  along  the  banks  of  the 
Charles  river,  which  are  no  longer  required  by  those  com- 


926  Resolves,  1955.  —  Chaps.  39,  40. 

munities  for  water  supply  purposes.  Said  commission  shall 
consider  the  future  use  of  this  land  and  the  most  desirable 
pubHc  purposes  for  which  some  or  all  of  this  land  could  be 
made  available,  including  the  feasibihty  of  the  acquisition 
of  said  land  by  the  metropohtan  district  commission  for 
park  purposes.  Said  commission  shall  report  to  the  general 
court  the  results  of  its  investigation  and  study,  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  its  recommendations  into  effect,  by  filing 
the  same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  in  December  of  the  current  year. 

Approved  April  15,  1955. 

Chap.  39  Resolve  further  reviving  and  continuing  the  special 

COMMISSION     established     TO     MAKE     AN     INVESTIGATION 
AND  STUDY  RELATIVE  TO  THE  STATE  TEACHERS'  COLLEGES. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  forty-seven  of  the  resolves  of  nineteen  hundred 
and  fifty-three  to  make  an  investigation  and  study  relative 
to  the  state  teachers'  colleges,  including  the  Massachusetts 
School  of  Art,  and  most  recently  revived  and  continued  by 
chapter  sixty-four  of  the  resolves  of  nineteen  hundred  and 
fifty-four,  is  hereby  further  revived  and  continued  for  the 
purpose  of  continuing  its  investigation  and  study.  Said  com- 
mission shall  be  provided  with  quarters  in  the  state  house  or 
elsewhere,  may  hold  public  hearings,  may  travel  within  and 
without  the  commonwealth,  and  may  expend  for  professional, 
clerical  and  other  services  and  expenses  the  balance  available 
in  item  0241-00  of  section  two  of  chapter  six  hundred  and 
eighty-seven  of  the  acts  of  nineteen  hundred  and  fifty-four 
and  such  other  sums  as  may  be  appropriated  therefor.  Said 
commission  shall,  from  time  to  time,  report  to  the  general 
court  the  results  of  its  investigation  and  study,  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  such  recommendations  into  effect  by  filing 
the  same  with  the  clerk  of  the  house  of  representatives,  the 
final  report  to  be  filed  not  later  than  the  twenty-seventh  day 
of  April,  nineteen  hundred  and  fifty-five. 

Approved  April  28,  1955. 

Chap.  40  Resolve  providing  for  a  study  by  the  commissioner 

OF  LABOR  AND  INDUSTRIES  OF  THE  SUBJECT  MATTER  OF 
CERTAIN  PROPOSED  LABOR  LAWS. 

Resolved,  That  the  commissioner  of  labor  and  industries 
is  hereby  authorized  and  directed  to  make  a  study  of  the 
subject  matter  of  current  house  document  numbered  28, 
relative  to  further  defining  "Employment"  under  the  labor 
laws  to  include  the  preparation  and  marketing  of  crops;  of 
current  house  document  numbered  31,  relative  to  correcting 
the  weekly  payment  of  wages  statute;  of  current  house 
document  numbered  32,  relative  to  requiring  the  proper 


Resolves,  1955.  —  Chaps.  41,  42.  927 

shoring  of  trenches;  and  of  current  house  document  num- 
bered 1364,  relative  to  establishing  a  lunch  period  after  eight 
hours  of  labor.  Said  commissioner  shall  report  to  the  general 
court  the  results  of  said  study,  and  his  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  on  or  before  June 
first  in  the  current  year.  Approved  April  28,  1956. 

Resolve  providing  for  the  continuance  of  an  investi-  Qhn^Q    41 

GATION    AND    STUDY    RELATIVE    TO    PLANS    AND    PROPOSALS  "' 

FOR   THE   MASSACHUSETTS    BAY   CIRCUIT,    SO    CALLED. 

Resolved,  That  the  division  of  planning  in  the  department 
of  commerce,  the  department  of  natural  resources,  the  de- 
partment of  public  works  and  the  metropolitan  district  com- 
mission, sitting  as  a  joint  board,  are  hereby  authorized  and 
directed  to  continue  the  study  and  investigation  authorized 
by  chapter  forty-one  of  the  resolves  of  nineteen  hundred  and 
fifty-four  concerning  the  suggested  public  improvement 
known  as  "The  Bay  Circuit".  In  the  course  of  its  study, 
said  joint  board  shall  investigate  further  the  detailed  de- 
velopment of  the  Bay  Circuit  with  specific  reference  to  the 
development  of  existing  open  spaces  and  to  the  acquisition 
and  development  of  additional  open  spaces  and  areas  to 
meet  the  recreational  needs  and  demands  of  the  state's 
growing  population.  The  joint  board  shall  make  its  study 
and  investigation  without  any  appropriation  therefor.  The 
board  shall  report  the  results  of  its  study  and  investigation 
and  its  recommendations,  if  any,  together  with  drafts  (rf 
legislation  to  carry  such  recommendations  into  effect  by 
filing  the  same  with  the  clerk  of  the  house  of  representatives 
on  or  before  the  first  Wednesday  in  January,  nineteen 
hundred  and  fifty-six.  Approved  April  28,  1956. 

Resolve   Reviving  and   continuing  the  specla.l   com-  CJicm,  42 

MISSION  ESTABLISHED  TO  MAKE  AN  INVESTIGATION  AND 
STUDY  RELATIVE  TO  PROPERTIES  ABUTTING  ON  BOULEVARDS 
UNDER  THE  CONTROL  OF  THE  METROPOLITAN  DISTRICT 
COMMISSION. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  seventy-nine  of  the  resolves  of  nineteen  hundred 
and  fifty-four,  is  hereby  revived  and  continued  for  the  pur- 
pose of  continuing  its  investigation  and  study  relative  to 
properties  abutting  on  boulevards  under  the  control  of  the 
metropolitan  district  commission.  Said  commission  shall 
report  to  the  general  court  the  results  of  its  investigation 
and  study,  and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  such  recommenda- 
tions into  effect,  by  filing  the  same  with  the  clerk  of  the 
house  of  representatives  on  or  before  June  first  in  the  current 
year.  Approved  April  28,  1965. 


928  Resolves,  1955.  —  Chaps.  43,  44. 


Chap.  43  Resolve  in  favor  of  the  wroow  of  the  late  anthony 

PARENZO  AND  THE  ESTATE  OF  THE  LATE  WILLIAM  A.  GLYNN. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good,  and  after  an  appropriation  has  been  made  therefor, 
there  be  paid  out  of  the  state  treasury  to  the  widow  of  the 
late  Anthony  Parenzo  and  to  the  estate  of  the  late  William 
A.  Glynn,  who  died  while  members  of  the  house  of  repre- 
sentatives and  after  they  had  been  re-elected  for  another 
term,  the  salaries  to  which  they  would  have  been  entitled 
if  they  had  been  sworn  in  and  had  served  until  the  end  of 
the  nineteen  hundred  and  fifty-five  session  of  the  legislature. 

Approved  April  28,  1955. 

Chap.  44  Resolve  increasing  the  scope  of  the  investigation 

AND    STUDY    BY   THE   SPECIAL   COMMISSION    ON   TAXATION. 

Resolved,  That  the  unpaid  special  commission,  known  as 
the  special  commission  on  taxation,  established  by  chapter 
eighty-six  of  the  resolves  of  nineteen  hundred  and  forty- 
eight,  and  most  recently  continued  by  chapter  thirty-two  of 
the  resolves  of  nineteen  hundred  and  fifty-five,  shall,  in 
making  its  investigation  and  study,  consider  the  subject  mat- 
ter of  current  senate  document  numbered  85,  relative  to 
further  exempting  from  taxation  certain  property  of  certain 
disabled  veterans  and  of  veterans  who  have  been  awarded 
the  purple  heart;  of  current  senate  document  numbered  89, 
relative  to  providing  pro-rata  exemptions  on  certain  real  es- 
tate tax  assessed  to  disabled  veterans;  of  current  senate 
document  numbered  514,  relative  to  providing  further  ex- 
emption from  the  income  tax  law  for  physically  disabled 
and  mentally  retarded  children;  of  current  house  document 
numbered  251,  relative  to  providing  for  the  reimbursement 
by  the  commonwealth  of  cities  and  towns  on  account  of  tax 
exemptions  granted  to  veterans;  of  current  house  document 
numbered  375,  relative  to  increasing  the  deduction  for  de- 
pendents allowed  for  income  tax  purposes;  of  current  house 
document  numbered  380,  relative  to  providing  further  ex- 
emptions from  taxation  for  certain  persons  sixty-five  years 
of  age  or  over;  of  current  house  document  numbered  475, 
relative  to  allowing  a  deduction  for  dependents  attending 
school  and  increasing  deductions  for  dependents  for  income 
tax  purposes;  of  current  house  document  numbered  759, 
relative  to  increasing  the  deduction  for  dependents  allowed 
for  income  tax  purposes;  of  current  house  document  num- 
bered 761,  relative  to  increasing  the  deductions  for  de- 
pendents allowed  for  income  tax  purposes ;  of  current  house 
document  numbered  772,  relative  to  providing  that  certain 
exemptions  and  deductions  relating  to  the  taxation  of  in- 
comes shall  be  applied  to  income  received  from  annuities 
and  certain  intangibles;  of  current  house  document  num- 
bered 975,  relative  to  providing  for  a  state  income  tax  de- 
duction for  certain  children  contributing  to  the  support  of 


Resolves,  1955.  —  Chap.  45.  929 

their  parents;  of  current  house  document  numbered  979, 
relative  to  providing  for  certain  deductions  under  the  law 
relating  to  income  taxes;  of  current  house  document  num- 
bered 985,  relative  to  further  defining  the  veterans'  tax 
abatement  law;  of  current  house  document  numbered  1234, 
relative  to  increasing  tax  exemptions  in  cases  of  certain  de- 
pendents; of  current  house  document  numbered  1235,  rela- 
tive to  increasing  the  income  tax  exemption  for  dependents, 
including  foster  children;  of  current  house  document  num- 
bered 1243,  relative  to  exempting  from  taxation  certain  real 
property  of  certain  veterans  and  other  persons;  of  current 
house  document  numbered  1244,  relative  to  exempting  from 
taxation  certain  real  property  of  certain  veterans  and  other 
persons;  of  current  house  document  numbered  1491,  rela- 
tive to  increasing  the  deduction  for  dependents  allowed  for 
income  tax  purposes;  of  current  house  document  numbered 
1495,  relative  to  increasing  the  tax  deduction  for  a  husband 
or  wife  under  the  income  tax  law;  of  current  house  docu- 
ment numbered  1497,  relative  to  providing  reimbursement 
to  towns  on  account  of  tax  exemptions  to  veterans;  of  cur- 
rent house  document  numbered  1503,  relative  to  increasing 
the  amounts  of  tax  deduction  for  certain  dependents  on  cer- 
tain classes  of  income;  of  current  house  document  numbered 
1996,  relative  to  increasing  income  tax  deductions  for  men- 
tally and  physically  handicapped  children;  of  current  house 
document  numbered  2253,  relative  to  exempting  from  taxa- 
tion certain  real  property  of  certain  veterans  and  other  per- 
sons; of  current  house  document  numbered  2259,  relative 
to  disabled  veterans'  tax  exemption  rights;  of  current  house 
document  numbered  2260,  relative  to  tax  abatements  for 
veterans;  and  of  current  house  document  numbered  2261, 
relative  to  providing  a  full  real  estate  tax  exemption  for 
paraplegic  veterans  and  their  surviving  spouses. 

Approved  April  28,  1955. 

Resolve   authorizing  and   directing  the   department  Qhnqj    45 
of  public  works  to  continue  an  investigation  and  ^' 

study  relative  to  improving  fairhaven  harbor. 

Resolved,  That  the  department  of  public  works  is  hereby 
authorized  and  directed  to  continue  its  investigation  and 
stud}^  relative  to  the  advisability  and  expediency  of  provid- 
ing for  the  improvement  of  the  port  facilities  at  Fairhaven 
Harbor.  Said  department  shall  report  to  the  general  court 
the  results  of  its  investigation  and  study  and  its  recommen- 
dations, if  any,  together  with  drafts  of  legislation  necessary 
to  carry  such  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  current  year. 

Approved  May  2,  1955. 


930  Resolves,  1955.  —  Chaps.  46,  47,  48. 


Chap.  46  Resolve  reviving  and  continuing  the  special  commis- 

SIGN  ESTABLISHED  TO  MAKE  AN  INVESTIGATION  AND  STUDY 
RELATIVE  TO  THE  ERECTION  WITHIN  THE  COMMONWEALTH 
OF  A  STATUE  OR  OTHER  SUITABLE  MEMORIAL  TO  COMMEM- 
ORATE THE  LATE  MAURICE  J.  TOBIN. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  ninety-five  of  the  resolves  of  nineteen  hundred 
and  fifty-four  is  hereby  revived  and  continued  for  the  pur- 
pose of  making  an  investigation  and  study  relative  to  the 
erection  within  the  state  house  or  elsewhere  within  the  com- 
monwealth of  a  statue  or  other  suitable  memorial  to  com- 
memorate the  late  Maurice  J.  Tobin.  Said  commission  shall 
be  provided  with  quarters  in  the  state  house  or  elsewhere, 
may  travel  within  and  without  the  commonwealth  and  may 
expend  for  clerical  and  expert  services,  and  for  such  plans, 
designs  and  models,  and  for  such  other  services  and  expenses 
as  may  be  necessary  or  desirable  to  accompHsh  the  purposes 
of  this  resolve  the  balance  available  in  item  0255-02  of  sec- 
tion 2  of  chapter  687  of  the  acts  of  1954  and  such  other  sums 
as  may  be  appropriated  therefor.  Said  commission  shall  re- 
port to  the  general  court  the  results  of  its  investigation  and 
study,  and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  said  reconunendations  into 
effect,  by  fifing  the  same  with  the  clerk  of  the  house  of  rep- 
resentatives not  later  than  the  first  Wednesday  of  Decem- 
ber in  the  current  year.  Approved  May  5,  1955. 

Char).  47  Resolve  in  favor  of  Frederick  a.  wentzell,  an  em- 
ployee  OF  THE   DIVISION   OF   EMPLOYMENT  SECURITY. 

Resolved,  That  the  director  of  the  division  of  emplojonent 
security  be  authorized  to  adjust  the  salary  paid  to  Frederick 
A.  Wentzell,  an  employee  of  the  division  of  empJojTnent 
security  for  the  period  from  December  sixteenth,  nineteen 
hundred  and  forty-eight  to  September  eighth,  nineteen 
hundred  and  fifty,  inclusive,  in  the  amount  of  four  hundred 
and  ninety-two  dollars  and  forty-four  cents,  notwithstanding 
the  provision  of  section  three  A  of  chapter  two  hundred  and 
sixty  of  the  General  Laws.  Approved  May  6,  1955. 

Chap.  48  Resolve  providing  for  a  study  by  the  industrial  acci- 
dent BOARD  OF  THE  SUBJECT  MATTER  OF  CERTAIN  PRO- 
POSED LAWS  RELATING  TO  THE  WORKMEN'S  COMPENSATION 
LAW. 

Resolved,  That  the  industrial  accident  board  is  hereby 
authorized  and  directed  to  make  a  study  of  the  subject 
matter  of  current  senate  document  numbered  328,  relative 
to  amending  the  workmen's  compensation  law  by  further 
regulating  the  procedure  of  examinations  by  impartial  physi- 
cians; of  current  senate  document  numbered  329,  relative 
to  providing  an  impartial  physicians'  panel  in  cardiac  cases 


Resolves,  1955.  —  Chaps.  49,  50.  931 

before  the  industrial  accident  board;  of  current  house  docu- 
ment numbered  17,  relative  to  the  appointment  of  impartial 
physicians  to  examine  injured  employees  under  the  work- 
men's compensation  law;  and  of  current  house  document 
numbered  1367,  relative  to  the  appointment  of  impartial 
physicians  under  the  workmen's  compensation  law.  Said 
board  shall  report  to  the  general  court  the  results  of  said 
study,  and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of  repre- 
sentatives on  or  before  June  first  in  the  current  year. 

Approved  May  9,  1956. 

Resolve  providing  for  a  proper  representation  of  the  Qhav    49 

COMMONWEALTH    AT    THE    NATIONAL    CONVENTION    OF   THE  ^' 

AMERICAN  DEFENDERS  OF  BATAAN  AND  CORREGIDOR,  INC. 
HELD  IN  THE   CITY  OF  BOSTON  IN  THE   CURRENT  YEAR. 

Resolved,  That  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  conven- 
tion of  the  American  Defenders  of  Bataan  and  Corregidor, 
Inc.,  held  in  the  city  of  Boston  in  the  current  year,  and  to 
ensure,  in  arranging  entertainments  and  other  events  in  con- 
nection therewith,  proper  co-operation  between  the  Ameri- 
can Defenders  of  Bataan  and  Corregidor,  Inc.,  and  the 
commonwealth,  there  may  be  expended,  with  the  approval 
and  under  the  direction  of  the  governor  and  council,  such 
sums  as  may  be  appropriated  therefor. 

Approved  May  12,  1955. 

Resolve  reviving  and  further  continuing  the  special  QJiq/q    59 

COMMISSION  established  TO  MAKE  AN  INVESTIGATION  AND  "* 

STUDY  RELATIVE  TO  THE  PREVENTION  OF  CHILD  DELIN- 
QUENCY, THE  REHABILITATION  OF  DELINQUENT  CHILDREN 
AND  AS  TO  THE  ADVISABILITY  OF  ESTABLISHING  INSTITU- 
TIONS FOR  THE  TREATMENT  OF  SUCH  CHILDREN. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  seventy-one  of  the  resolves  of  nineteen  hundred 
and  forty-seven  and  most  recently  revived  and  continued  by 
chapter  eighty-four  of  the  resolves  of  nineteen  hundred  and 
fiftj'^-four,  is  hereby  further  revived  and  continued  for  the 
purpose  of  continuing  its  investigation  and  study  relative  to 
the  prevention  of  child  delinquency,  the  rehabilitation  of 
delinquent  children,  and  as  to  the  advisabiUty  of  establish- 
ing institutions  for  the  treatment  of  such  children.  The 
commission  shall  be  provided  with  quarters  in  the  state 
house  or  elsewhere,  may  hold  hearings,  may  require  by  sum- 
mons the  attendance  and  testimony  of  witnesses  and  the 
production  of  books  and  papers,  and  may  expend  the  balance 
available  in  item  0246-00  of  section  two  of  chapter  six  hun- 
dred and  eighty-seven  of  the  acts  of  nineteen  hundred  and 
fifty-four  and  such  other  sums  as  may  be  appropriated  there- 


932  Resolves,  1955.  —  Chaps.  51,  52. 

for.  Said  commission  shall  report  to  the  general  court  the 
results  of  its  investigation  and  study,  and  its  recommenda- 
tions, together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  one  or  more  re- 
ports with  the  clerk  of  the  house  of  representatives  at  such 
time  or  times  as  the  commission  may  elect;  provided,  that 
the  commission  shall  so  file  its  final  report  on  or  before  the 
first  Wednesday  of  June  in  the  current  year. 

Approved  May  12,  1955. 

Chap.  51  Resolve  reviving  and  continuing  the  special  commis- 
sion ESTABLISHED  TO  MAKE  AN  INVESTIGATION  AND  STUDY 
RELATIVE  TO  THE  RETARDED  CHILDREN  AND  THE  TRAINING 
FACILITIES  AVAILABLE  THEREFOR  AND  INCREASING  THE 
MEMBERSHIP  OF  SAID  COMMISSION. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  seventy-seven  of  the  resolves  of  nineteen  hun- 
dred and  fifty-two,  and  most  recently  revived  and  continued 
by  chapter  one  hundred  and  ten  of  the  resolves  of  nineteen 
hundred  and  fifty-four,  is  hereby  further  revived  and  con- 
tinued for  the  purpose  of  continuing  its  investigation  and 
study  relative  to  the  number  of  retarded  children  in  the 
commonwealth  and  the  training  facilities  available  for  their 
instruction,  and  fitting  said  children  for  community  living. 
The  membership  of  said  commission  shall  be  increased  by 
the  addition  of  one  person  to  be  appointed  by  the  governor. 
Said  commission  shall  be  provided  with  suitable  quarters  in 
the  state  house  or  elsewhere,  may  hold  hearings,  may  require 
by  summons  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books  and  papers,  may  travel  within  and 
without  the  commonwealth,  and  may  expend  for  clerical  and 
other  services  the  unexpended  balance  available  in  item 
0245-00  of  section  two  of  chapter  six  hundred  and  eighty- 
seven  of  the  acts  of  nineteen  hundred  and  fifty-four  and  such 
other  sums  as  may  be  appropriated  therefor.  Said  commis- 
sion shall  report  to  the  general  court  the  results  of  its  investi- 
gation and  study,  and  its  recommendations,  together  with 
drafts  of  legislation  necessary  to  carry  such  recommendations 
into  effect,  by  filing  one  or  more  reports  with  the  clerk  of  the 
house  of  representatives  from  time  to  time,  and  by  filing  its 
final  report  on  or  before  the  first  Monday  in  June  of  the 
current  year.  Approved  May  12,  1955. 

Chap.  52  R.ESOLVE  reviving  AND  CONTINUING  AND  INCREASING  THE 
SCOPE  OF  THE  SPECIAL  COMMISSION  ESTABLISHED  TO  STUDY 
AND  INVESTIGATE  COMMUNISM  AND  SUBVERSIVE  ACTIVITIES 
AND    RELATED    MATTERS   IN   THE    COMMONWEALTH. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  eighty-nine  of  the  resolves  of  nineteen  hundred 
and  fifty-three  and  revived  and  continued  by  chapter  one 
hundred  and  twenty-three  of  the  resolves  of  nineteen  hundred 


Resolves,  1955.  —  Chap.  52.  933 

and  fifty-four  is  hereby  revived  and  continued  for  the  pur- 
pose of  continuing  its  investigation  and  study  of  the  extent, 
character  and  objects  of  communism  and  subversive  ac- 
tivities and  related  matters  within  the  commonwealth;  the 
diffusion  within  the  commonwealth  of  subversive  and  un- 
American  propaganda  that  is  instigated  from  foreign  coun- 
tries, or  of  a  domestic  origin,  and  attacks  the  principle  of  the 
form  of  government  as  guaranteed  by  our  constitution  and 
all  other  questions  in  relation  thereto  that  would  aid  the 
general  court  in  enacting  any  necessary  remedial  legislation. 

Said  commission  in  making  its  investigation  shall  consider 
all  the  aspects  of  such  activities,  including,  but  not  limiting 
its  investigation  thereto,  educational,  governmental,  indus- 
trial and  political  activities.  Said  commission  shall,  in  the 
course  of  its  investigation  and  studj'',  consider  the  subject 
matter  of  current  house  document  numbered  140,  relative 
to  candidates  for  public  office  making  known  any  communist 
affiliation;  of  current  house  document  numbered  459,  rela- 
tive to  disqualifying  for  employment  by  the  commonwealth 
or  of  any  of  its  political  subdivisions  any  officer  or  employee 
who  refuses  to  answer  certain  questions  concerning  the  con- 
duct of  his  office  or  the  performance  of  his  duties ;  of  current 
house  document  numbered  1571,  relative  to  registration  of 
voters  in  cities  and  towns,  and  of  current  house  document 
numbered  1802,  relative  to  disqualifying  for  employment  by 
the  commonwealth  or  any  of  its  subdivisions  any  person  who 
refuses  to  answer  certain  questions  relative  to  his  acts  while 
an  official  or  employee  of  the  commonwealth  or  of  its  sub- 
divisions. Said  commission  shall  be  provided  with  quarters 
in  the  state  house  or  elsewhere,  shall  hold  public  hearings, 
may  travel  within  and  without  the  commonwealth,  may  sit 
during  the  session  and  recess  of  the  general  court,  may  re- 
quire by  summons  the  attendance  of  such  witnesses  and  the 
production  of  such  books,  papers  and  documents,  and  take 
such  testimony  as  it  deems  necessary. 

Upon  a  majority  vote  of  the  commission,  summonses  shall 
be  issued  under  the  signature  of  the  chairman  or  vice  chair- 
man, and  shall  be  served  by  an  officer  of  the  general  court  or 
by  any  person  designated  by  the  commission.  The  chair- 
man or  any  member  of  the  commission  may  administer  oaths 
to  witnesses.  Every  person  who  behaves  in  a  disorderly  or 
contemptuous  manner  before  such  commission  shall  be 
deemed  guilty  of  a  misdemeanor  punishable  as  provided  in 
section  twenty-eight  A  of  chapter  three  of  the  General  Laws. 

The  subject  of  any  investigation  in  connection  with  which 
witnesses  are  summoned  shall  be  clearly  stated  before  the 
commencement  of  any  hearings  and  the  evidence  sought  to 
be  ehcited  shall  be  relevant  and  germane  to  the  subject  as 
so  stated. 

Any  witness  summoned  at  a  public  hearing  and  any  wit- 
ness before  a  private  hearing  shall  have  the  right  to  be  ac- 
companied by  counsel,  who  shall  be  permitted  to  advise  the 
witness  while  on  the  witness  stand  of  his  rights. 


934  Resolves,  1955.  —  Chap.  53. 

Every  witness  shall  have  the  opportunity  at  the  con- 
clusion of  the  examination  by  the  commission  to  supplement 
the  testimony  which  he  has  given  by  making  a  written  or 
oral  statement,  which  shall  be  made  part  of  the  record,  but 
such  statement  shall  be  confined  to  matters  with  regard  to 
which  he  has  previously  been  examined. 

Any  person  whose  name  is  mentioned  or  who  is  specifically 
identified  and  who  believes  that  testimony  or  other  evidence 
given  in  a  pubhc  hearing  before  the  commission  or  any  sub- 
committee thereof  or  comment  made  by  any  member  of  the 
commission  or  its  counsel  tends  to  defame  him  or  otherwise 
adversely  affects  his  reputation,  shall  be  afforded  the  fol- 
lowing privileges :  — 

(a)  He  may  file  with  the  commission  a  sworn  statement 
concerning  such  testimony,  evidence  or  comment,  which  shall 
be  made  part  of  the  record  of  such  hearing. 

(b)  He  may  appear  personally  before  the  commission 
and  testify  in  his  own  behalf. 

Said  commission,  during  its  investigation,  shall  have 
the  assistance  of  the  attorney  general,  the  department  of 
education  and  such  other  departments,  boards,  commissions 
and  officers  of  the  state  government  as  may  be  requested  by 
said  commission  to  assist  and  co-operate. 

Said  commission  shall  report  its  findings  to  the  general 
court  at  such  time  or  times  as  it  may  deem  advisable,  but  in 
any  event  shall  file  a  final  report  not  later  than  the  first  day 
of  February,  nineteen  hundred  and  fifty-six.  Such  report 
shall  include  the  name  and  all  other  identifying  data  avail- 
able to  the  commission,  of  any  individual,  concerning  whom, 
the  commission,  during  the  course  of  the  investigation,  has 
received  creditable  evidence  that  such  individual  was  or  is  a 
member  of  the  coraimunist  party,  a  communist  or  a  sub- 
versive. Said  commission  may  expend  for  expenses  and  legal, 
clerical  and  other  assistance,  the  balance  available  in  item 
0298-00  of  section  two  of  chapter  one  hundred  and  ninety- 
seven  of  the  acts  of  nineteen  hundred  and  fifty-four  and  such 
sums  as  may  hereafter  be  appropriated  therefor. 

Approved  May  IS,  1955. 

Chap.  53  Resolve  providing  for  an  investigation  and  study  by 
A  special  commission  relative  to  the  state  board 

OF  RETIREMENT. 

Resolved,  That  a  special  unpaid  commission  to  consist  of 
two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  the  commissioner 
of  administration,  and  two  persons  to  be  appointed  by  the 
governor,  at  least  one  of  whom  shall  be  familiar  ■wdth  the 
administration  of  private  retirement  plans,  is  hereby  estab- 
lished to  make  a  survey  and  study  of  the  administration  of 
the  state  board  of  retirement,  with  a  view  to  determining 
the  most  efficient  and  economical  methods  of  administering 


Resolves,  1955.  —  Chap.  54.  935 

said  system.  Said  commission  shall,  in  the  course  of  its 
study,  consider  the  subject  matter  of  current  senate  docu- 
ment numbered  504,  relative  to  the  state  board  of  retire- 
ment. Said  commission  shall  be  provided  with  quarters  in 
the  state  house  or  elsewhere,  may  hold  hearings,  may  re- 
quire by  summons  the  attendance  and  testimony  by  wit- 
nesses and  the  production  of  books  and  papers,  may  call  on 
state  officials  for  advice  and  assistance,  may  travel  within 
the  commonwealth,  and  may  expend  for  clerical  and  other 
services  and  expenses  such  sums  as  may  be  appropriated 
therefor.  Said  commission  shall  report  to  the  general 
court  the  results  of  its  investigation  and  study,  and  its 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  its  recommendations  into  effect,  by  filing 
the  same  with  the  clerk  of  the  senate  from  time  to  time  but 
not  later  than  the  first  Wednesday  of  June  in  the  current 
year.  Approved  May  13,  1955. 

Resolve  reviving  and  continuing  the  special  commis-  nhf.^    r.A 

SIGN    established    FOR   THE    PURPOSE    OF   MAKING   AN   IN-  ^' 

VESTIGATION  AND  STUDY   RELATIVE  TO  THE  USE   OF  TELE- 
VISION   FOR   EDUCATIONAL    PURPOSES. 

Resolved,  That  the  unpaid  special  commission,  estab- 
lished by  chapter  ninety-six  of  the  resolves  of  nineteen 
hundred  and  fifty-two,  and  most  recently  revived  and  con- 
tinued by  chapter  one  hundred  and  twenty-five  of  the 
resolves  of  nineteen  hundred  and  fifty-four,  is  hereby  further 
revived  and  continued  for  the  purpose  of  continuing  its  in- 
vestigation and  study  relative  to  the  use  of  television  for 
educational  purposes.  Said  commission  ma}'',  in  the  course 
of  its  investigation  and  study,  conduct  such  engineering  and 
other  surveys  as  it  deems  necessary  to  petition  the  Federal 
Communications  Commission  to  allocate  and  reserve  addi- 
tional television  channels  for  non-commercial  educational 
television  purposes  in  central  Massachusetts,  the  Connecticut 
valley,  and  Berkshire  county,  and  to  prepare  the  necessary 
application  or  apphcations  for  the  utiUzation  of  the  non-com- 
mercial television  channel  or  channels  allocated  to  Massa- 
chusetts. Said  commission  shall  be  provided  with  quarters 
in  the  state  house  or  elsewhere,  may  hold  hearings,  may  re- 
quire by  summons  the  attendance  and  testimony  of  witnesses 
and  the  production  of  books  and  papers,  may  travel  within 
and  outside  the  commonwealth,  and  may  expend  for  clerical, 
engineering,  legal  and  other  services  the  unexpended  balance 
available  in  item  0229-00  of  section  two  of  chapter  six  hun- 
dred and  thirty-two  of  the  acts  of  nineteen  hundred  and 
fifty-two  and  such  sums  as  may  be  appropriated  therefor. 
Said  commission  shall  report  to  the  general  court  the  results 
of  its  investigation  and  study  hereunder,  and  its  recommenda- 
tions, together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  one  or  more  re- 
ports with  the  clerk  of  the  senate  at  such  time  or  times  as  the 


936  Resolves,  1955.  —  Chaps.  55,  56,  57. 

commission  may  elect;  provided,  that  the  commission  shall 
so  file  its  final  report  on  or  before  the  first  day  of  June,  nine- 
teen hundred  and  fifty-five. 

Approved  May  16^  1955. 

Chap.  55  Resolve  validating  the  acts  of  e.  viola  liddell  of 

HINGHAM   AS   A   NOTARY   PUBLIC. 

Resolved,  That  the  acts  of  E.  Viola  Liddell  of  Hingham 
as  a  notary  public  between  March  nineteenth,  nineteen 
hundred  and  fifty-four  and  July  twenty-eighth,  nineteen 
hundred  and  fifty-four,  both  dates  inclusive,  in  so  far  as 
the  same  may  have  been  invaUd  by  reason  of  the  fact  that, 
upon  the  change  of  her  name  from  E.  Viola  Yule,  she  failed 
to  re-register  under  her  new  name  and  pay  to  the  state 
secretary  a  fee  of  one  dollar  as  required  by  section  thirteen 
of  chapter  thirty  of  the  General  Laws,  are  hereby  confirmed 
and  made  valid.  Approved  May  20,  1955. 

Chap.  56  Resolve  authorizing  a  joint  board  to  study  the  feasi- 
bility OF  draining  certain  lands  near  the  neponset 

RIVER  and  developing  THE  SAME. 

Resolved,  That  the  metropolitan  district  commission,  the 
department  of  public  works,  the  department  of  public  health 
and  the  department  of  commerce,  acting  as  a  joint  board, 
are  hereby  authorized  and  directed  to  continue  their  study 
of  the  feasibility  of  draining  the  lands  adjacent  to  the  Ne- 
ponset river  in  the  areas  of  Hyde  Park,  Readville,  Dedham, 
Canton,  Westwood,  Norwood,  Dorchester,  Neponset,  Milton 
and  Sharon  by  means  of  water  controls  in  said  river  or  other- 
wise; and  the  advisability,  in  view  of  existing  uses  of  land 
bordering  and  neighboring  such  areas,  of  developing  them 
for  highway,  health,  recreation,  school,  park,  business,  indus- 
try, wildlife  reservation  or  other  public  or  private  purposes. 
Said  joint  board  shall  report  to  the  general  court  the  results 
of  its  study  and  its  recommendations,  together  with  drafts  of 
legislation  necessary  to  carry  such  recommendations  into  ef- 
fect, by  filing  the  same  with  the  clerk  of  the  house  of  repre- 
sentatives on  or  before  June  thirtieth  in  the  current  year. 
Said  joint  board  may  expend  for  the  purposes  of  this  resolve 
such  sums  as  may  be  appropriated  therefor. 

Approved  May  26,  1955. 

Chap.  57  Resolve  providing  for  an  investigation  and  study  by 

THE  DEPARTMENT  OF  NATURAL  RESOURCES  RELATIVE  TO 
reconstructing  THE  DAM  AT  THE  SITE  OF  THE  OLD  RES- 
ERVOIR IN  THE  MIDDLEFIELD  STATE  FOREST  IN  THE  TOWN 
OF  MIDDLEFIELD. 

Resolved,  That  the  department  of  natural  resources  is 
hereby  authorized  to  make  an  investigation  and  study  of 
the  subject  matter  of  current  house  document  numbered 


Resolves,  1955.  —  Chaps.  58,  59,  60.  937 

2405,  relative  to  authorizing  the  department  of  natural  re- 
sources to  reconstruct  the  dam  at  the  site  of  the  old  reservoir 
in  the  Middlefield  State  Forest  in  the  town  of  jNIiddletield. 
Said  department  may  expend  for  the  purpose  of  this  resolve 
such  sums  as  may  be  appropriated  therefor.  Said  depart- 
ment shall  report  to  the  general  court  the  results  of  its  in- 
vestigation and  study,  and  its  recommendations,  if  any,  to- 
gether with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  December  in  the  current  year. 

Approved  May  26,  1955. 

Resolve  providing  for  a  proper  representation  of  the  fhri^y)     kc 

COMMONWEALTH    AT    THE    NATIONAL    CONVENTION    OF    THE  "' 

55th   ARTILLERY   A.    E.    F.    VETERANS'    ASSOCIATION   TO    BE 
HELD   IN   THE    CITY    OF   BOSTON   IN   THE    CURRENT   YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  conven- 
tion of  The  55th  Artillery  A.  E.  F.  Veterans'  Association  to 
be  held  in  the  cit}^  of  Boston  in  the  cm-rent  year,  and  to  en- 
sure, in  arranging  entertainments  and  other  events  in  con- 
nection therewith,  proper  co-operation  between  said  associa- 
tion and  the  commonwealth,  there  may  be  expended,  with 
the  approval  and  under  the  direction  of  the  governor  and 
council,  such  sums  as  may  be  appropriated  therefor. 

Approved  May  26,  1955. 

Resolve  providing  for  a  proper  representation  of  the  nhp^     kq 

COMMONWEALTH    AT    THE    CONVENTION    OF    THE     FRANCO-  ^' 

AMERICAN  WAR  VETERANS,  INC.,   TO  BE  HELD  IN   THE  CITY 
OF  WORCESTER   IN   THE   CURRENT  YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  convention  of 
the  Franco-American  War  Veterans,  Inc.,  to  be  held  in  the 
city  of  Worcester  in  the  current  year,  and  to  ensure,  in 
arranging  entertainments  and  other  events  in  connection 
therewith,  proper  co-operation  between  the  Franco- American 
War  Veterans,  Inc.,  and  the  commonwealth,  there  may  be 
expended,  with  the  approval  and  under  the  direction  of  the 
governor  and  council,  for  said  purpose  such  sums  as  may 
be  appropriated  therefor.  Approved  May  26,  1955. 

Resolve  validating  the  acts  of  francis  g.  doherty  of  CJiq^oj    qq 

BOSTON   as   a    notary   PUBLIC.  ^' 

Resolved,  That  the  acts  of  Francis  G.  Doherty  of  Boston 
as  a  notary  public  between  May  ninth,  nineteen  hundred 
and  fifty-one  and  May  tenth,  nineteen  hundred  and  fifty- 
five,  both  dates  inclusive,  in  so  far  as  the  same  may  have  been 
invahd  by  reason  of  the  fact  that  the  said  Francis  G.  Doherty 


938  Resolves,  1955. —  Chaps.  61,  62,  63,  64. 

failed  to  take  the  oath  of  said  office  and  to  pay  the  required 
fee  to  the  state  secretary,  are  hereby  confirmed  and  made 
valid  to  the  same  extent  as  if  during  said  time  he  had  been 
qualified  to  discharge  the  duties  of  said  office. 

Approved  June  1,  1965. 

Chap.  61  Resolve  in  favor  of  the  widow  of  the  late  Arthur  u. 

MAHAN. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good,  there  be  allowed  and  paid  out  of  the  state  treasury  to 
the  widow  of  the  late  Arthur  U.  Mahan,  who  died  while  a 
member  of  the  present  house  of  representatives,  the  salary 
to  which  he  would  have  been  entitled  had  he  Uved  and  served 
until  the  end  of  the  nineteen  hundred  and  fifty-six  session  of 
the  general  court.  Approved  June  8,  1956. 

Chap.  62  Resolve  in  favor  of  the  estate  of  the  late  franklin 

STURGIS,  jr. 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good,  there  be  allowed  and  paid  out  of  the  state  treasury 
to  the  estate  of  the  late  Franklin  Sturgis,  Jr.,  who  died 
while  a  member  of  the  house  of  representatives,  the  salary 
to  which  he  would  have  been  entitled  had  he  lived  and 
served  until  the  end  of  the  nineteen  hundred  and  fifty-six 
session  of  the  legislature.  Approved  June  3, 1955. 

Chap,  63  Resolve  providing  for  an  investigation  and  study  by 

THE  department  OF  PUBLIC  HEALTH  AND  THE  DEPART- 
MENT OF  PUBLIC  WORKS  OF  THE  FEASIBILITY  OF  DREDG- 
ING CERTAIN  PARTS  OF  NUTTING's  LAKE  IN  THE  TOWN  OF 
BILLERICA. 

Resolved,  That  the  department  of  public  health  and  the 
department  of  public  works  are  hereby  authorized  and 
directed  to  make  an  investigation  and  study,  relative  to  the 
feasibility  of  dredging  certain  parts  of  Nutting's  lake,  in  the 
town  of  Billerica,  with  a  view  to  ehminating  a  health  menace 
caused  by  erosion  and  washouts.  For  such  purposes  the  said 
departments  may  expend  such  sums  as  may  be  appropriated 
therefor.  The  said  departments  shall  report  to  the  general 
court  the  results  of  their  investigation  and  study,  and  their 
recommendations,  if  any,  together  with  drafts  of  legislation 
necessary  to  carry  such  recommendations  into  effect,  by  filing 
the  same  with  the  clerk  of  the  house  of  representatives  not 
later  than  the  first  Wednesday  in  December  in  the  current 
year.  Approved  June  13,  1955. 

Chap.  64  Resolve  increasing  the  scope  of  the  investigation 

AND    STUDY   BY   THE   SPECIAL   COMMISSION   ON   TAXATION. 

Resolved,  That  the  unpaid  special  commission,  known  as 
the  special  commission  on  taxation,  established  by  chapter 


Resolves,  1955. —  Chap.  65.  939 

eighty-six  of  the  resolves  of  nineteen  hundred  and  forty-eight, 
and  most  recently  continued  by  chapter  tliirty-two  of  the 
resolves  of  nineteen  hundred  and  fifty-five,  shall,  in  making 
its  investigation  and  study,  consider  the  subject  matter  of 
current  senate  document  numbered  517,  relative  to  amend- 
ing the  law  in  regard  to  the  tax  on  gains  from  the  exchange  of 
intangible  personal  property;  of  current  senate  document 
numbered  525,  relative  to  making  certain  changes  in  the  law 
relating  to  the  gasoline  and  motor  vehicle  fuel  tax;  of  cur- 
rent senate  document  numbered  526,  relative  to  making  cer- 
tain changes  in  the  law  relating  to  the  gasoline  and  motor 
vehicle  fuel  tax;  of  current  senate  document  numbered 
527,  relative  to  encouraging  new  building  by  limitation  of 
assessments  during  the  building  period;  of  current  house 
document  numbered  266,  relative  to  exempting  from  tax- 
ation new  industries  establishing  themselves  in  the  com- 
monwealth of  Massachusetts;  of  current  house  document 
numbered  977,  relative  to  requiring  the  placing  of  tax  stamps 
on  cigarette  packages;  of  current  house  document  numbered 
982,  relative  to  providing  for  the  reimbursement  of  poUtical 
subdivisions  of  the  commonwealth  for  certain  excises  paid  or 
payable  on  gasohne  and  certain  other  motor  vehicle  fuel 
bought  by  them;  of  current  house  document  numbered  1247, 
pertaining  to  the  taxation  of  business  and  manufacturing 
property;  of  current  house  document  numbered  1493, 
relative  to  exempting  governmental  bodies  from  payment  of 
excise  tax  on  gasoline  and  other  motor  vehicle  fuel;  of  cur- 
rent house  document  numbered  1511,  relative  to  altering  the 
provisions  of  the  income  tax  law,  so  called,  relative  to  the 
recognition  of  gain  and  loss  on  reorganizations;  and  of  cur- 
rent house  document  numbered  2254,  relative  to  exempting 
certain  motor  vehicles  chartered  by  the  department  of  public 
works  from  the  tax  on  motor  vehicle  fuel. 

Approved  June  13,  1956. 


Resolve  authorizing  and  directing  the  metropolitan 
district  coxmmission  to  continue  an  investigation  and 
study  relative  to  the  extension  of  the  metropolitan 
water  system  mains  into  the  counties  of  plymouth 
and  bristol, 

Resolved,  That  the  metropoUtan  district  commission,  au- 
thorized and  directed,  under  authority  of  chapter  fifty-four 
of  the  resolves  of  nineteen  hundred  and  fifty-four,  to  make 
a  comprehensive  investigation  and  study  of  the  advisability 
and  feasibihty  of  constructing,  as  part  of  the  metropohtan 
water  system,  extensions  of  its  water-distributing  mains  into 
the  cities  and  towns  of  Plymouth  and  Bristol  comities,  and 
of  furnishing  water  so  that  said  cities  and  towns  may  be 
ensured  an  adequate  supply  of  water,  is  hereby  authorized 
and  directed  to  continue  said  investigation  and  study.  The 
commission  shall  estimate  the  costs  of  making  such  exten- 
sions and  of  furnishing  such  water,  and  shall  submit  a  method 


Chap.  65 


940  Resolves,  1955.  —  Chaps.  66,  67. 

of  payment  therefor  by  such  cities  and  towns,  which  shall 
pay  a  fair  share  of  the  costs  of  such  water,  the  costs  of  ex- 
tending said  water  mains,  and  of  connections  thereto.  Said 
commission  may  expend  for  the  purposes  of  this  resolve  such 
sums  as  may  be  appropriated  therefor.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  investiga- 
tion and  study  and  its  recommendations,  if  any,  together 
with  estimates  of  costs,  and  drafts  of  legislation  necessary  to 
carry  said  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  senate  on  or  before  the  fifteenth  day  of 
June  in  the  current  year.  Approved  June  15,  1955. 

Chav  66  Resolve  in  favor  of  francis  w.  bennett  op  holyoke. 
Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obhgation  of  the  commonwealth  and  subject  to  appropria- 
tion, there  shall  be  allowed  and  paid  out  of  the  state  treasury 
to  Francis  W.  Bennett  of  Holyoke  the  sum  of  fifteen  hun- 
dred dollars  in  payment  of  his  claim  against  the  common- 
wealth for  injuries  sustained  in  the  fine  of  duty  while  at- 
tending the  Massachusetts  National  Guard  encampment  at 
Camp  Plattsburg,  Plattsburg,  New  York,  in  the  year  nine- 
teen hundred  and  forty.  No  payment  shall  be  made  here- 
under until  there  has  been  filed  with  the  comptroller  an 
agreement  signed  by  said  Francis  W.  Bennett  that  the 
amount,  if  any,  paid  or  to  be  paid  for  legal  services  rendered 
in  connection  with  the  passage  of  this  resolve  shall  not  ex- 
ceed ten  per  cent  of  the  amount  paid  or  payable  hereunder. 

Approved  June  20,  1955. 


Chav.  67  Resolve  reviving  and  continuing  the  special  commis- 
sioN  established  to  make  an  investigation  and  study 
relative  to  the  proper  clearance  of  tracks  in  rail- 
road YARDS. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  ninety-four  of  the  resolves  of  nineteen  hundred 
and  fifty-three,  and  revived  and  continued  and  the  mem- 
bership and  scope  increased  by  chapter  99  of  the  resolves  of 
1954,  is  hereby  revived  and  continued  for  the  purpose  of 
continuing  its  investigation  and  study  relative  to  the  proper 
clearance  of  tracks  in  railroad  yards.  Said  commission  shall, 
in  the  course  of  its  investigation  and  study  consider  the  sub- 
ject matter  of  senate  document  numbered  564  of  1954, 
relative  to  physical  examination  of  certain  railroad  employ- 
ees, and  of  the  investigation  and  study  proposed  by  house 
document  numbered  2725  of  1954,  relative  to  the  overlap- 
ping of  transportation  facilities  in  eastern  Massachusetts. 
Said  commission  shall  be  provided  with  quarters  in  the  state 
house  or  elsewhere,  may  hold  public  hearings,  and  may  ex- 
pend for  clerical  and  other  services  and  expenses  the  bal- 
ance available  in  item  0273-00  of  chapter  six  hundred  and 
seventy-five  of  the  acts  of  nineteen  hundred  and  fifty-three. 


Resolves,  1955.  —  Chaps.  68,  69.  941 

Said  commission  shall  report  to  the  general  court  the  results 
of  its  investigation  and  study,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  senate  not  later  than  the  thirtieth  day  of 
December  in  the  current  year.       Approved  June  20,  1955. 

Resolve  reviving  and  continuing  the  special  commis-  Qhn^    68 

SIGN    established    TO    INVESTIGATE    AND    STUDY    GROUND  ^' 

WATER  SUPPLIES  IN  THE  COUNTIES  OF  PLYMOUTH  AND 
BRISTOL. 

Resolved,  That  the  special  unpaid  commission  established 
by  chapter  fifty-five  of  the  resolves  of  nineteen  hundred  and 
fifty-four  for  an  investigation  and  study  of  ground  water 
supplies  and  of  determining  new  sources  thereof  in  the  coun- 
ties of  Plymouth  and  Bristol  is  hereby  revived  and  continued 
for  the  purpose  of  further  considering  that  subject  with 
particular  reference  to  the  quantities  of  water  to  be  obtained 
from  ground  water  sources  and  location  of  said  sources,  the 
best  method  of  conservmg  said  water  supphes,  of  purifying 
and  protecting  the  purity  of  said  water  and  all  other  matters 
pertaining  to  the  subject  of  ground  water  supplies  in  said 
counties. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings  and  shall  have 
the  power  to  summons  witnesses.  It  may  employ  engineers, 
consulting  engineers  and  geologists,  chemists  and  attorneys 
and  may  expend  therefor  and  for  such  other  assistance  and 
expenses  such  sums  as  may  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of 
said  study  and  investigation  together  with  recommendations, 
if  any,  and  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect  by  filing  the  same  with  the 
clerk  of  the  senate  on  or  before  the  last  Wednesday  in  De- 
cember, nineteen  hundred  and  fifty-six. 

Approved  June  20,  1955. 

Resolve  providing  for  an  investigation  and  study  by  (Jji^j)    gg 

THE  DEPARTMENT  OF  PUBLIC  WORKS  RELATIVE  TO  A  PRO- 
POSED  PIER  EXTENSION  AT  THE  STATE  FISH  PIER  IN  THE 
CITY    OF   GLOUCESTER. 

,  Resolved,  That  the  department  of  pubhc  works  is  hereby 
alithorized  and  directed  to  make  an  investigation  and  study 
relative  to  a  proposed  pier  extension  at  the  state  fish  pier  in 
the  city  of  Gloucester,  in  making  such  study  the  said  de- 
partment shall  consider  the  subject  matter  of  current  senate 
document  numbered  five  hundred  and  fifty-nine  and  current 
house  document  numbered  two  thousand  four  hundred  and 
six.  For  the  purpose  of  this  resolve  said  department  may 
expend  such  sums  as  may  be  appropriated  therefor.  The 
department  shall  report  to  the  general  court  the  results  of 


942  Resolves,  1955.  —  Chaps.  70,  71,  72. 

its  investigation  and  study,  together  with  drafts  of  legislation 
necessary  to  carry  its  recommendations,  if  any,  into  effect, 
by  filing  the  same  with  the  clerk  of  the  senate  on  or  before 
the  last  Wednesday  of  December  in  the  current  year. 

Approved  June  23,  1955. 

Chap.  70  Resolve   providing   for  an  investigation  and   study 

RELATIVE  TO  THE  ERECTION  OF  A  MURAL  IN  COMMEMORA- 
TION OF  COLONEL  THOMAS  CASS  AND  THE  OFFICERS  AND 
MEN  OF  THE  NINTH  REGIMENT  OF  INFANTRY. 

Resolved,  That  an  unpaid  special  committee,  to  consist  of 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof  and  two  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  is  hereby  estabhshed  for 
the  purpose  of  making  an  investigation  and  study  of  current 
house  document  numbered  1988,  providing  for  a  mural  in 
commemoration  of  Colonel  Thomas  Cass  and  the  officers  and 
men  of  the  Ninth  Regiment  of  Infantry,  INIassachusetts 
Volunteers,  for  services  rendered  to  the  state  and  nation 
during  the  Civil  War,  and  to  perpetuate  the  glorious  tradi- 
tions of  the  regiment.  Approved  June  23,  1955. 

Chap.  71  Resolve  providing  for  a  proper  representation  of  the 

COMMONWEALTH  AT  THE  NATIONAL  CONVENTION  OF  THE 
MILITARY  ORDER  OF  THE  PURPLE  HEART  TO  BE  HELD  IN 
THE    CITY   OF   BOSTON   IN   THE    CURRENT    YEAR. 

Resolved,  That,  in  order  that  the  commonwealth  may  be 
properly  represented  on  the  occasion  of  the  national  con- 
vention of  the  Mihtary  Order  of  the  Purple  Heart  to  be 
held  in  the  city  of  Boston  on  August  ninth  to  fifteenth,  in- 
clusive, m  the  current  year,  and  to  ensure,  in  arranging  en- 
tertainment and  other  events  in  connection  therewith,  proper 
co-operation  between  the  Mihtary  Order  of  the  Purple 
Heart  and  the  commonwealth,  there  may  be  expended,  with 
the  approval  and  under  the  direction  of  the  governor  and 
council,  such  sums  as  may  be  appropriated  therefor. 

Approved  June  23,  1965. 

Chap.  72  Resolve  providing  for  a  study  by  a  special  commission 

RELATIVE  TO  THE  AL^KING  OF  IMPROVEMENTS  OF  PORTIONS 
OF   THE   BLACKSTONE   RIVER. 

Resolved,  That  an  unpaid  special  commission,  to  consist  (j^f 
one  member  of  the  senate  to  be  designated  by  the  president 
thereof,  two  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  and  three  persons  to  be 
appointed  by  the  governor,  is  hereby  established  to  make  a 
study  relative  to  making  improvements  of  the  Blackstone 
river  beginning  at  a  point  at  the  Millbury  town  line  at  Wor- 
cester and  continuing  through  the  towns  of  Northbridge, 
Uxbridge,  Millville  and  Blackstone  to  the  Rhode  Island  fine 


Resolves,  1955.  —  Chaps.  73,  74.  943 

at  Woonsocket,  by  cleaning  and  dredging  and  the  construc- 
tion of  such  work  as  may  be  necessary  to  provide  protection 
against  floods. 

Said  commission  shall  be  provided  with  suitable  quarters 
in  the  state  house  or  elsewhere,  may  hold  public  hearings  and 
may  expend  such  sums  for  legal,  technical,  clerical  and  other 
assistance  and  expenses  as  may  be  appropriated  therefor. 
Said  commission  shall  report  to  the  general  court  the  results 
of  its  study,  and  its  recommendations,  if  any,  together  with 
drafts  of  legislation  necessary  to  carry  its  recommendations 
into  effect,  by  filing  the  same  with  the  clerk  of  the  senate  on 
or  before  the  last  Wednesday  of  December  in  the  current 
year.  Approved  June  24,  1955. 

Resolve   providing   for   an   investigation   and   study  QJidnj    73 

BY  A  SPECIAL  COMMISSION  RELATIVE  TO  THE  ESTABLISH- 
MENT  OF  UNIFORM  BOAT  REGULATIONS  AND  RELATED 
MATTERS. 

Resolved,  That  an  unpaid  special  commission,  to  consist  of 
two  members  of  the  senate  to  be  designated  by  the  president 
thereof,  four  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  and  three  persons  to  be 
appointed  by  the  governor,  is  hereby  established  for  the  pur- 
pose of  making  an  investigation  and  study  of  the  subject 
matter  of  current  house  document  numbered  1794,  relative  to 
regulating  the  operation  of  outboard  motors  on  great  ponds 
or  inland  waters,  and  of  current  house  document  numbered 
2218,  relative  to  establishing  uniform  boat  regulations.  Said 
commssion  may  call  upon  such  departments,  boards,  com- 
missions and  officers  of  the  commonwealth  for  such  informa- 
tion as  it  may  desire  in  the  course  of  its  investigation.  Said 
commission  shall  be  provided  wath  quarters  in  the  state  house 
or  elsewhere,  may  hold  public  hearings,  may  travel  within 
or  without  the  commonwealth,  and  may  expend  for  legal, 
clerical  and  other  assistance  and  expenses  such  sums  as  may 
be  appropriated  therefor.  Said  commission  shall  report  to 
the  general  court  the  results  of  its  investigation  and  study, 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  its  recommendations  into 
effect,  by  fihng  the  same  with  the  clerk  of  the  senate  not  later 
than  the  first  Wednesday  of  December  in  the  current  year. 

Approved  June  27,  1965. 


Resolve  providing  that  the  state  department  of  pub- 
lic WORKS  conduct  A  STUDY  AND  INVESTIGATION  OF 
drainage  conditions  in  the  DRAIN^AGE  AREA  OF  THE 
SAUGUS  RIVER  AND  ITS  TRIBUTARIES  IN  THE  TOWNS  OF 
WAKEFIELD,    READING,    LYNNFIELD   AND   SAUGUS. 

Resolved,  That  the  department  of  public  works,  acting 
through  its  division  of  waterways,  is  hereby  authorized  and 
directed  to  make  an  investigation  and  study  of  the  drainage 


Chap.  74 


944  Resolves,  1955.  —  Chaps.  75,  76,  77. 

area  of  the  Saugus  river  and  its  tributaries  in  the  towns  of 
Wakefield,  Pleading,  Lynnfield  and  Saugus  with  a  view  to 
reheving  drainage  conditions  in  the  towns  affected.  Said  de- 
partment may  expend  for  the  purposes  of  this  resolve  such 
sums  as  may  be  appropriated  therefor.  Said  department 
shall  report  to  the  general  court  the  results  of  its  investiga- 
tion and  study  and  its  recommendations,  if  any,  as  to  the 
methods  of  improving  the  area,  with  estimates  of  costs  and 
drafts  of  legislation  necessary  to  carry  its  recommendations 
into  effect  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  on  or  before  the  first  Wednesday  in  March  in 
the  year  nineteen  hundred  and  fifty-six. 

Approved  June  28,  1955. 

Chap.  75  Resolve  providing  for  an  investigation  and  study  by 

THE  metropolitan  DISTRICT  COMMISSION  RELATIVE  TO  THE 
CAUSE  OF  FLOODING  OF  CRANBERRY  BROOK  IN  THE  TOWN 
OF   SAUGUS   AND   THE    CITY   OF   MELROSE. 

Resolved,  That  the  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  investigate  and  study  the 
cause  of  the  flooding  of  Cranberry  brook  in  the  town  of 
Saugus  and  the  city  of  Melrose.  The  said  commission  shall 
in  the  course  of  such  investigation  and  study  consider  the 
feasibility  of  reclaiming  land  in  that  area.  Said  commission 
may  spend  such  sums  as  may  be  ajDpropriated  and  shall 
report  to  the  general  court  the  results  of  its  investigation 
and  study  by  filing  the  same  with  the  clerk  of  the  house  of 
representatives  not  later  than  the  first  Wednesday  in  Decem- 
ber in  the  current  year.  Approved  June  28,  1955. 

Chap.  76  Resolve  establishing  a  special  commission  to  arrange 

APPROPRIATE  EXERCISES  TO  COMMEMORATE  THE  ONE  HUN- 
DRED AND  SEVENTY-FIFTH  ANNIVERSARY  OF  THE  ADOPTION 
OF  THE   CONSTITUTION  OF  THE   COMMONWEALTH. 

Resolved,  That  a  special  commission,  consisting  of  one 
member  of  the  senate  to  be  designated  by  the  president 
thereof,  two  members  of  the  house  of  representatives  to  be 
designated  by  the  speaker  thereof,  and  one  person  to  be  ap- 
pointed by  the  governor,  is  hereby  established  to  arrange 
appropriate  exercises  to  commemorate  the  one  hundred  and 
seventy-fifth  anniversary  of  the  adoption  of  the  constitution 
of  the  commonwealth.  For  the  purposes  of  this  resolve  said 
commission  may  expend  such  sums  as  may  be  appropriated 
therefor.  Approved  June  29,  1955. 

Chap.  77  Resolve  providing  for  an  investigation  and  study  by 

AN  UNPAID  special  COMMISSION  RELATIVE  TO  LOCAL 
transit    COMPANIES. 

Resolved,  That  an  unpaid  special  commission  to  consist  of 
two  members  of  the  senate  to  be  designated  by  the  president 
thereof,  five  members  of  the  house  of  representatives  to  be 


Resolves,  1955.  — Chaps.  78,  79.  945 

designated  by  the  speaker  thereof,  and  six  members  to  be 
appointed  by  the  governor,  is  hereby  established  to  make  a 
study  of  the  general  problem  of  local  transit  companies  and 
street  railway  companies,  excluding  the  Metropolitan 
Transit  Authority,  and  the  laws  applicable  thereto.  Said 
commission  shall  also  investigate  the  present  conditions  of 
such  local  transit  companies,  street  railway  companies  and 
motor  bus  transportation  companies,  and  shall  recommend 
such  remedial  legislation  as  may  be  necessary  to  insure  ade- 
quate transportation  service  to  the  people  of  the  common- 
wealth at  fair  and  reasonable  costs.  In  the  course  of  its 
study  and  investigation,  said  commission  shall  consider  the 
subject  matter  of  current  house  documents  numbered  981, 
1233,  1739  and  2255,  relative  to  exempting  motor  buses  used 
in  carrying  passengers  for  hire  from  the  payment  of  the 
gasoline  tax. 

Said  commission  may  travel  within  and  without  the  com- 
monwealth, shall  be  provided  with  quarters  in  the  state 
house  or  elsewhere,  and  may  expend  for  clerical  and  other 
expenses  such  sums  as  may  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of  its 
investigation  and  study,  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  its 
recommendations  into  effect  by  filing  the  same  with  the  clerk 
of  the  house  of  representatives  on  or  before  the  last  Wed- 
nesday of  December  in  the  current  year. 

Approved  July  5,  1955. 


Resolve  in  favor  of  olive  a,  cooper.  Chav    78 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obhgation  of  the  commonwealth,  there  shall  be  allowed  and 
paid  from  the  state  treasury  to  Olive  A.  Cooper  of  Spring- 
field, who  was  injured,  and  whose  property  was  damaged,  on 
November  thirtieth,  nineteen  hundred  and  fifty-four,  when 
an  automobile  driven  by  said  OHve  A.  Cooper  was  struck  by 
a  wild  deer  on  the  highway  in  the  town  of  Shrewsbury  at  the 
intersection  of  Clews  street  and  Route  20,  such  sum,  not 
exceeding  one  thousand  one  hundred  and  eighty-four  dollars 
and  eighty  cents,  as  may  be  appropriated  therefor.  No  pay- 
ment shall  be  made  hereunder  until  there  has  been  filed  with 
the  comptroller  an  affidavit  signed  by  said  Olive  A.  Cooper 
that  no  money  has  been  paid  to  anyone  to  secure  the  passage 
of  this  resolve.  Approved  July  5,  1955. 


Resolve  providing  for  a  study  by  the  metropolitan  njiQjf    7g 

DISTRICT  COiMMISSION   RELATIVE  TO   THE   IMPROVEMENT  OF  ^' 

THE    MYSTIC    RIVER    AND    LANDS    OF    THE    COMMISSION    AD- 
JACENT  THERETO. 

Resolved,   That  the  metropohtan  district  commission  is 
hereby  authorized  and  directed  to  investigate  and  study 


946  Resolves,  1955. —  Chaps.  80,  81. 

the  desirability  of  promulgating  plans  for  the  beautifica- 
tion  and  improvement  of  the  Mystic  river  and  lands  of  the 
commission  adjacent  thereto,  including  the  development  and 
improvement  of  suitable  recreational  facilities  and  park- 
ways in  said  area.  Approved  July  5,  1966. 


Chap.  80  Resolve  providing  for  an  investigation  and  study  by 

A   SPECIAL   COMMISSION   RELATIVE  TO   CERTAIN  PROVISIONS 
OF  FIRE  INSURANCE   POLICIES. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  four  persons  to 
be  appointed  by  the  governor,  of  which  appointees  one  shall 
be  the  commissioner  of  insurance,  one  a  representative  of 
stock  fire  insurance  companies,  one  a  representative  of  mu- 
tual fire  insurance  companies  and  one  a  representative  of 
the  general  pubhc,  is  hereby  estabhshed  for  the  purpose  of 
making  an  investigation  and  study  of  fire  insurance  poHcies, 
with  special  reference  to  the  deductible  clause,  so  called, 
commonly  referred  to  as  endorsement  number  four,  and  in- 
cluding water  damage  caused  by  rising  tides.  Said  commis- 
sion shall  investigate  such  other  matters  relative  to  fire  in- 
surance as  may  be  referred  to  it  by  the  general  court. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  may  require 
by  summons  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books  and  papers,  may  travel  within  and 
without  the  commonwealth,  and  may  expend  for  legal, 
clerical  and  other  assistance  and  for  expenses  such  sums  as 
may  be  appropriated  therefor.  Said  commission  shall  re- 
port to  the  general  court  the  results  of  its  investigation  and 
study,  and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  its  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  senate  not 
later  than  the  first  Wednesday  of  January  in  the  year  nine- 
teen hundred  and  fifty-six.  Approved  July  6,  1966. 


Chap.  81  Resolve  providing  for  the  establishment  of  a  special 

COMMISSION    ON   EQUALIZATION  AND   APPORTIONMENT. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
the  tax  commissioner  or  his  representative  and  four  persons 
to  be  appointed  by  the  governor,  including  a  qualified  real 
estate  appraiser,  a  quafified  realtor,  an  economist  or  other 
person  experienced  in  the  use  of  economic  statistics,  and  a 
pubhc  member  who  shall  be  designated  chairman,  is  hereby 
authorized  and  directed  to  prepare  an  equalization  and  ap- 
portionment for  the  assessment  of  state  and  county  taxes 
on  the  several  cities  and  towns.  The  commission  shall  be 
provided  with  quarters  in  the  state  house  or  elsewhere,  may 


Resolves,  1955.  —  Chaps.  82,  83.  947 

hold  hearings  and  shall  have  the  power  to  summon  wit- 
nesses and  to  require  the  production  of  such  books,  papers 
and  documents  as  it  deems  necessary.  It  may  employ  ap- 
praisers, statisticians  and  consultants  and  may  expend  there- 
for and  for  other  necessary  assistance  and  expenses  such 
sums  as  may  be  appropriated  therefor.  Said  commission 
shall  collect  and  tabulate  from  any  available  sources  such 
information  relative  to  the  assessment  and  the  sale  price  or 
the  actual  or  appraised  value  of  taxable  property  of  every 
important  class  in  the  several  cities  and  towns  as  may  be 
necessary  to  determine  the  approximate  full  value  of  such 
property  in  each  city  and  town.  Information  so  tabulated 
shall  be  included  in  the  final  report  of  the  commission.  On 
or  before  the  first  Wednesday  of  December  in  the  current 
year,  said  commission  shall  make  a  preliminary  report  to 
the  general  court  proposing  a  permanent  agency  of  the 
commonwealth  to  be  responsible  for  the  preparation,  at 
stated  intervals,  of  the  equalization  and  apportionment  re- 
quired by  law,  and  any  other  changes  in  the  laws  relative  to 
such  equalization  and  apportionment  as  it  may  deem  neces- 
sary or  desirable,  together  with  drafts  of  legislation  neces- 
sary to  carry  its  recommendation  into  effect.  Not  later  than 
April  thirtieth  in  the  year  nineteen  hundred  and  fifty-six, 
said  commission,  on  the  basis  of  information  then  in  its  pos- 
session, shall  prepare  and  submit  to  the  general  court  or  to 
such  other  agency  as  may  hereafter  be  designated  by  the 
general  court  for  such  purpose  a  final  report,  together  with 
a  proposed  equalization  and  apportiomnent  for  the  assess- 
ment of  state  and  county  taxes.       Approved  July  6,  1966. 

Resolve  authorizing  and  directing  the  commissioner  QJiq^    32 
of  labor  and  industries  to  make  an  investigation         ^' 
and  study  relative  to  certain  labor  practices. 

Resolved,  That  the  commissioner  of  labor  and  industries  is 
hereby  authorized  and  directed  to  make  an  investigation  and 
study  of  the  subject  matter  of  current  senate  documents 
numbered  324,  340  and  341,  and  current  house  documents 
numbered  1127  and  1622.  Said  commissioner  shall  report 
to  the  general  court  the  results  of  his  investigation  and 
study,  and  his  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  such  recommendations  into 
effect,  by  fihng  the  same  with  the  clerk  of  the  house  of  repre- 
sentatives on  or  before  the  first  Wednesday  of  December  in 
the  current  year.  Approved  July  6,  1955. 

Resolve  in  favor  of  mart  e.  conway  of  Lexington.  QJia-n  83 
Resolved,  That  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  and  after  an  appropriation 
has  been  made  therefor,  there  be  allowed  and  paid  out  of 
the  state  treasury  to  Mary  E.  Conway  of  Lexington,  whose 
husband,  Lieutenant  James  O.  Conway,  was  killed  on  Octo- 


948  Resolves,  1955.  —  Chap.  84. 

ber  second,  nineteen  hundred  and  fifty-four,  while  on  duty 
as  a  member  of  the  Massachusetts  Air  National  Guard,  when 
he  swerved  the  jet  plane  he  was  piloting  into  an  embank- 
ment in  order  to  avoid  crashing  into  residences  in  the  East 
Boston  district  of  the  city  of  Boston,  the  sum  of  twenty-five 
dollars  weekly  for  a  period  of  four  years.  Said  four-year 
period  shall  begin  July  first,  nineteen  hundred  and  fifty-five 
and  end  June  thirtieth,  nineteen  hundred  and  fifty-nine. 
No  payment  shall  be  made  hereunder  until  there  has  been 
filed  with  the  comptroller  an  affidavit  signed  by  said  Mary 
E.  Conway  that  no  money  has  been  paid  to  anyone  to  secure 
the  passage  of  this  resolve.  Approved  July  7,  1955. 


Chap.  84  Resolve  providing  for  an  investigation  and  study  by 

A  SPECIAL  COMMISSION  RELATIVE  TO  HUNTING  AND  FISH- 
ING WITHIN  THE  COMMONWEALTH  AND  CERTAIN  MATTERS 
RELATING  THERETO,  INCLUDING  THE  SUBJECT  OF  THE 
GROUND  WATER  LEVEL  WITHIN  THE  COMMONWEALTH. 

Resolved,  That  an  unpaid  special  commission,  consisting 
of  three  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  four  members  of  the  house  of  representatives, 
to  be  designated  by  the  speaker  thereof,  and  two  persons  to 
be  appointed  by  the  governor,  is  hereby  established  for  the 
purpose  of  making  an  investigation  and  study  relative  to 
hunting  and  fishing  within  the  commonwealth  and  certain 
matters  relating  thereto,  including  the  subject  of  the  ground 
water  level  within  the  commonwealth.  Said  commission 
shall,  in  making  its  investigation  and  study,  consider  the 
subject  matter  of  current  house  documents  numbered  1030, 
1031  and  1789,  and  shall  also  consider  the  advisabihty  of 
acquiring  certain  land  in  the  town  of  Berkley;  of  further 
regulating  the  practice  of  inshore  dragging;  and  of  further 
regulating  the  importation  of  canned  lobster  meat. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  travel  within  or  without  the 
commonwealth,  may  hold  public  hearings,  shall  have  the 
power  to  summon  witnesses  and  to  require  the  production 
of  books,  records  and  papers  and  the  giving  of  testimony 
under  oath,  and  may  expend  any  balance  of  sums  appropri- 
ated under  item  0110-44  of  section  2A  of  chapter  573  of  the 
acts  of  1953,  and  such  additional  sums  as  may  be  appropri- 
ated therefor.  Said  commission  shall  report  to  the  general 
court  the  results  of  its  investigation  and  study  and  its  rec- 
ommendations, if  any,  together  with  drafts  of  legislation 
necessary  to  carry  such  recommendations  into  effect  by  filing 
the  same  with  the  clerk  of  the  senate  on  or  before  the  third 
Wednesday  of  January  in  the  year  nineteen  hundred  and 
fifty-six.  Approved  July  7,  1956. 


Resolves,  1955.  —  Chaps.  85,  86.  949 


Resolve  providing  for  an  investigation  and  study  by  (jhnj)    §5 

THE    department    OF    NATURAL    RESOURCES    RELATIVE    TO  ^  ' 

THE  ESTABLISHMENT  OF  RECREATIONAL  AND  SWIMMING  FA- 
CILITIES  IN   THE   TOWN    OF   ADAMS. 

Resolved,  That  the  department  of  natural  resources  is 
hereby  authorized  and  directed  to  make  an  investigation 
and  study  relative  to  the  establishment  of  recreational  and 
swimming  facilities  in  the  town  of  Adams.  Said  department 
may  make  such  surveys  and  hire  such  experts  as  it  deems 
necessary  for  the  purposes  of  such  investigation  and  study, 
and  may  expend  therefor  such  sums  as  may  be  appropriated 
therefor.  Said  department  shall  report  to  the  general  court 
the  results  of  its  investigation  and  study,  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  said  recommendations  into  effect,  by  filing  the 
same  ^\dth  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  current  year. 

Approved  July  7,  1955. 


Resolve  establishing  an  unpaid  special  commission  to 
study  and  investigate  state  and  local  relationships 
in  government. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  nine  members 
to  be  appointed  by  the  governor,  is  hereby  established  for 
the  purpose  of  making  a  study  and  investigation  of  state- 
local  relationships  in  government  in  order  that  areas  of  offi- 
cial responsibiUty  of  state  and  local  authorities  may  be  estab- 
hshed.  The  governor  shall  appoint  three  members  from  the 
pubhc  at  large,  one  of  whom  shall  be  a  county  official,  and 
one  each  from  a  list  of  three  members  submitted  by  each  of 
the  following  organizations:  —  the  Massachusetts  Mayors' 
Association,  the  Massachusetts  City  Managers'  Association, 
the  Massachusetts  Selectmen's  Association,  Inc.,  the  Massa- 
chusetts Association  of  School  Committees,  Inc.,  the  Mass. 
State  CIO  Industrial  Union  Council,  and  the  Massachusetts 
branch  of  the  American  Federation  of  Labor.  The  governor 
shall  designate  one  of  the  members  as  chairman. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  public  hearings  and  may 
expend  for  clerical  and  other  services  and  expenses  such  sums 
as  may  be  appropriated  therefor. 

Said  commission  shall  report  to  the  general  court  the  re- 
sult of  its  study  and  investigation  and  its  recommendations, 
if  any,  together  with  drafts  of  legislation  necessary  to  carry 
its  recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  senate  not  later  than  the  third  Wednesday  in 
January,  nineteen  hundred  and  fifty-six. 

Approved  July  7,  1955. 


Chap.  86 


950  Resolves,  1955.  —  Chaps.  87,  88. 


Chap.  87  Resolve  reviving  and  further  continuing  the  special 

COMMISSION  TO  STUDY  THE  ESTABLISHMENT  OF  A  STATE 
MEDICAL  AND  DENTAL  SCHOOL,  INCREASING  THE  SCOPE  OF 
SAID  COMMISSION,  AND  FIXING  THE  TIME  WITHIN  WHICH 
SAID    COMMISSION   SHALL   FILE   ITS   FINAL   REPORT. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  seventy  of  the  resolves  of  nineteen  hundred  and 
fifty-one,  as  most  recently  revived  and  continued  by  chapter 
one  hundred  and  twenty-six  of  the  resolves  of  nineteen  hun- 
dred and  fifty-four,  to  make  a  study  and  investigation  rela- 
tive to  the  establishment  of  a  state  medical  and  dental 
school  under  the  jurisdiction  of  the  University  of  Massa- 
chusetts, is  hereby  revived  and  continued  for  the  purpose  of 
continuing  its  investigation  and  study  relative  to  the  estab- 
lishment of  a  medical  and  dental  school.  Said  commission 
shall  study  the  establishment  of  a  New  England  Board  of 
Education,  and  the  adoption  of  proposed  compacts  among 
the  New  England  states  authorizing  co-operative  planning 
in  the  field  of  medicine,  dentistry,  veterinary  medicine  and 
technical,  professional,  graduate  training. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  may  require 
by  summons  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books  and  papers;  may  travel  within  and 
without  the  commonwealth,  and  may  expend  for  legal,  c  er- 
ical  and  other  assistance  the  balance  of  the  amount  appro- 
priated in  item  7613-08  of  section  two  of  chapter  six  hun- 
dred and  four  of  the  acts  of  nineteen  hundred  and  fifty-two, 
and  such  additional  sums  as  may  be  appropriated  therefor. 
Said  commission  shall  report  to  the  general  court  the  re- 
sults of  its  investigation  and  study  and  its  recommendations, 
if  any,  together  with  drafts  of  legislation  necessary  to  carry 
said  recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  senate  from  time  to  time  and  by  filing  a  final 
report  not  later  than  September  thirtieth,  nineteen  hun- 
dred and  fifty-five.  Approved  July  7,  1955. 

Chap.  88  Resolve  providing  for  an  investigation  and  study  by 

A  special  COMMISSION  RELATIVE  TO  PROCURING  A  STEEL 
MILL  AND  ATOMIC  PLANTS  WITHIN  THE  COMMONWEALTH. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  one  member  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  three  persons 
to  be  appointed  by  the  governor,  is  hereby  established  for 
the  purpose  of  making  a  study,  investigation  and  survey 
relative  to  the  procurement  of  a  steel  mill  and  atomic  plants 
within  the  commonwealth.  Said  commission  shall  be  pro- 
vided with  quarters  in  the  state  house  or  elsewhere,  may 
hold  public  hearmgs,  may  travel  within  and  without  the 
commonwealth,  employ  experts,  clerical  and  other  necessary 


Resolves,  1955. —Chaps.  89,  90.  951 

services,  call  on  state  and  federal  officials  and  department 
heads  for  advice  and  assistance,  and  may  expend  such  sums 
as  may  be  appropriated  therefor.  Said  commission  shall 
report  to  the  general  court  the  results  of  its  stud}'',  investiga- 
tion and  survey,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  said  recom- 
mendations into  effect,  by  filing  the  same  with  the  clerk  of 
the  house  of  representatives  not  later  than  the  first  Wednes- 
day of  December  in  the  current  year. 

Approved  July  13,  1955. 

Resolve  reviving  and  further  continuing  the  special  rihrj^^    qq 

UNPAID    commission    ESTABLISHED    TO    INVESTIGATE    AND  ^' 

STUDY  THE   ADVISABILITY   OF   ESTABLISHING   THE   UNIFORM 
COMMERCIAL   CODE, 

Resolved,  That  the  special  unpaid  commission,  estabhshed 
by  chapter  sixty-one  of  the  resolves  of  nineteen  hundred  and 
fifty-three  and  revived  and  continued  by  chapter  one  hun- 
dred and  twenty-one  of  the  resolves  of  nineteen  hundred 
and  fifty-four,  is  hereby  further  revived  and  continued  for 
the  purpose  of  continuing  its  investigation  and  study  of  the 
advisability  of  establishing  the  uniform  commercial  code. 
Said  commission  shall  also  continue  to  consider  the  subject 
matter  contained  in  the  appendix  to  the  minority  report  of 
house  document  numbered  twenty-four  hundred  of  nineteen 
hundred  and  fifty-four  relating  to  the  drafting  by  certain 
states  of  a  form  of  a  compact  relative  to  the  proposed  uni- 
form commercial  code.  Said  commission  shall  be  provided 
with  quarters  in  the  state  house  or  elsewhere,  may  in  the 
performance  of  its  duties  travel  within  and  without  the 
commonwealth,  may  expend  for  clerical  and  other  services 
and  expenses  the  balance  available  in  item  numbered  0293-00 
of  section  two  of  chapter  six  hundred  and  eighty-seven  of 
the  acts  of  nineteen  hundred  and  fifty-four,  and  such  other 
sums  as  may  be  appropriated  therefor.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  investiga- 
tion and  study  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  such  recom- 
mendations into  effect,  by  filing  the  same  with  the  clerk  of 
the  house  of  representatives  from  time  to  time  and  by  filing 
a  final  report  on  or  before  the  fourth  Wednesday  of  January, 
nineteen  hundred  and  fifty-six.      Approved  July  13,  1955. 

Resolve  in  favor  of  edna  b.  telford,  dennis  p.  glynn  pi  Qp> 

AND   RUSSELL   B.    POMEROY.  U/la/?.    yU 

Resolved,  That,  for  the  purpose  of  promoting  the  public 
good,  there  be  allowed  and  paid  out  of  the  state  treasury  to 
Edna  B.  Telford,  Dennis  P.  Glynn  and  Russell  B.  Pomeroy, 
members  of  the  house  of  representatives,  the  salaries  to 
which  they  would  have  been  respectively  entitled  had  they 
been  members  on  the  first  day  of  the  current  session  of  the 
general  court.  Approved  July  13,  1955. 


952  Resolves,  1955.  —  Chaps.  91,  92,  93. 


Chap.  91  Resolve  in  favor  of  j.  robert  mahan  and  warren  a. 

TURNER. 

Resolved,  That,  for  the  purpose  of  promoting  the  pubHc 
good,  there  be  allowed  and  paid  out  of  the  state  treasury  to 
J.  Robert  Mahan  and  Warren  A.  Turner,  members  of  the 
house  of  representatives,  the  salaries  to  which  they  would 
have  been  respectively  entitled  had  they  been  members  on 
the  first  day  of  the  current  session  of  the  general  court. 

Approved  July  13,  1955. 

Chap.  92  Resolve  to  further  continue  the  study  by  the  de- 
partment OF  mental  health  relative  to  the  advisa- 
bility OF  making  psychiatric  service  available  to 
the  district  courts. 

Resolved,  That  the  department  of  mental  health,  author- 
ized and  directed  under  chapter  seventj^-seven  of  the  resolves 
of  nineteen  hundred  and  fifty-four  to  continue  a  study  and 
investigation  relative  to  the  advisability  of  providing  psj^chi- 
atric  services  and  facilities  for  the  district  courts  of  this  com- 
monwealth shall  further  continue  its  stud}^  and  investigation 
until  the  first  Wednesday  of  December,  nineteen  hundred 
and  fifty-five,  at  or  before  which  time  said  department  shall 
report  to  the  general  court,  by  filing  a  report  with  the  clerk 
of  the  house  of  representatives,  the  results  of  its  study  and 
investigation,  so  continued,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessar}'  to  carry  its 
recommendations  into  effect.  For  the  purposes  of  this  re- 
solve there  may  be  expended  such  sums  as  ma}^  be  hereafter 
appropriated  therefor.  Approved  Jidy  14,  1955. 

Chap.  93  Resolve  providing  for  an  investigation  and  study  by 

AN  unpaid  special  COMMISSION  RELATIVE  TO  THE  ADVANCE- 
MENT IN  GRADE  AND  MAXIMUM  SALARY  RATES  FOR  CER- 
TAIN  STATE    OFFICERS   AND    EMPLOYEES. 

Resolved,  That  an  unpaid  special  commission,  to  consist  of 
two  members  of  the  senate  to  be  designated  by  the  president 
thereof  and  five  members  of  the  house  of  representatives  to 
be  designated  b}^  the  speaker  thereof,  is  hereby  established 
for  the  purpose  of  making  an  investigation  and  studj'-  of  the 
subject  matter  of  current  senate  document  numbered  478 
and  of  current  house  documents  numbered  938,  1216,  1709, 
1979,  2223  and  2225.  Said  commission  may  expend  for 
clerical  and  other  necessary  expenses  such  sums  as  may  be 
appropriated  therefor.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation  and  study,  and 
its  recommendations,  if  any,  together  with  drafts  of  legis- 
lation necessary  to  carry  such  recommendations  into  eft'ect, 
bj''  filing  the  same  with  the  clerk  of  the  house  of  representa- 
tives on  or  before  the  first  Wednesday  of  December  in  the 
current  year.  Approved  July  14,  1955. 


Resolves,  1955.  —  Chaps.  94,  95.  953 


Resolve    reviving    and    continuing   the   state    office  QJiQr)    94 

BUILDING    commission. 

Resolved,  That  the  unpaid  special  commission  estabhshed 
by  chapter  ninety-nine  of  the  resolves  of  nineteen  hundred 
and  fifty-three  and  revived  and  continued  by  chapter  one 
hundred  and  eleven  of  the  resolves  of  nineteen  hundred  and 
fifty-four,  is  hereby  further  revived  and  continued  for  the 
purpose  of  investigating  and  studying  the  cost  of  leasing 
privately  owned  ])uildings  by  the  commonwealth,  the 
necessit}'  of  a  new  state  ofHce  building  or  buildings  and  the 
proper  facilities  for  the  storage  and  preservation  of  public 
records  and  documents  and  the  historic  documents  in  the 
archives  of  the  commonwealth.  The  preliminary  investi- 
gation of  the  commission  shall  include  site  selection,  surveys, 
engineering  and  planning  for  said  projects.  Said  commission 
may  call  upon  any  department,  commission,  board  or  officer 
of  the  commonwealth,  and  in  the  name  of  the  commonwealth 
consult  with  other  state  governments  and  the  federal  govern- 
ment for  such  information  as  it  may  desire  in  the  course  of 
its  investigation.  Said  commission  shall  be  provided  with 
quarters  in  the  state  house  or  elsewhere,  may  hold  hearings, 
may  travel  within  or  without  the  commonwealth,  and  may 
expend  for  legal,  clerical  and  other  assistance,  and  for  ex- 
pen.ses,  the  balance  available  in  item  0270-09  of  section  two 
of  chapter  six  hundred  and  seventy-five  of  the  acts  of  nine- 
teen hundred  and  fifty-three,  and  such  other  sums  as  may  be 
appropriated  therefor.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  studies,  together  with  plans 
and  estimates  of  costs  and  drafts  of  legislation  necessary  to 
carry  its  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  not  later 
than  the  first  Wednesday  in  February,  nineteen  hundred 
and  fifty-six.  Approved  July  18,  1955. 

Resolve  providing  for  an  investigation  and  study  of  QJku)    95 
A  certain  pier  and  w^harf  at  nant.asket  beach. 

Resolved,  That  the  metropolitan  district  commission  and 
the  department  of  public  works,  acting  as  a  joint  boai-d,  are 
hereb}'  autliorized  to  make  an  investigation  and  study  of  the 
subject  matter  of  current  house  document  numbered  402, 
providing  for  the  management  and  maintenance  of  a  certain 
pier  and  wharf  at  Nantasket  beach  by  the  department  of 
public  works.  The  board  shall  report  to  the  general  court  the 
results  of  its  investigation  and  study,  and  its  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary  to 
carry  such  recommendations  into  effect,  by  filing  the  same 
with  the  clerk  of  the  house  of  representatives  on  or  before  the 
first  Wednesday  of  December  in  the  year  nineteen  hundred 
and  fifty-six.  Approved  July  18,  1955. 


954  Resolves,  1955.  —  Chaps.  96,  97. 

Chap.  96  Resolve  providing  for  an  investigation  and  study  by 
A  special  commission  of  certain  proposed  legislation 
pertaining  to  the  industrial  and  economic  develop- 
ment and  prosperity  of  the  commonwealth  and  re- 
lated matters. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  four  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  one  person  to 
be  appointed  by  the  governor,  is  hereby  authorized  and 
directed  to  make  an  investigation  and  study  of  the  subject 
matter  of  the  investigation  proposed  by  current  senate 
documents  numbered  76,  83,  96  and  98;  of  current  senate 
documents  numbered  78,  79,  82  and  97;  of  the  investigation 
proposed  by  current  house  document  numbered  1982  and 
2066;  of  current  house  documents  numbered  382,  1525, 
1738,  1981,  1985,  2269,  2271,  2272  and  2273.  Said  commis- 
sion shall  consult  with  appropriate  officers  and  boards  of 
municipahties  and  other  state  agencies,  and  may  request 
assistance  of  such  governmental  agencies,  local,  state  and 
federal,  as  will  further  the  purposes  herein  set  forth.  Said 
commission  shall  be  provided  with  quarters  in  the  state 
house  or  elsewhere,  may  hold  hearings,  may  require  by 
summons  the  attendance  and  testimony  of  witnesses  and 
the  production  of  books  and  papers;  may  travel  \\athin  and 
without  the  commonwealth  and  may  expend  for  legal,  cleri- 
cal and  other  assistance,  and  for  expenses,  such  sums  as 
may  be  appropriated  therefor.  Said  commission  shall  report 
the  results  of  its  investigation  and  study  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  its  recommendations  into  effect,  by  fiUng  the 
same  with  the  clerk  of  the  house  of  representatives  on  or 
before  the  first  Wednesday  of  December  in  the  current  year. 

Approved  July  19,  1965. 

Chap.  97  Resolve  providing  for  an  investigation  and  study  by 
the  department  of  natural  resources  relative  to 
the  dutch  elm  disease. 

Resolved,  That  the  department  of  natural  resources  is 
hereby  authorized  to  make  an  investigation  and  study  of 
the  subject  matter  of  current  house  document  numbered 
1032,  providing  reimbursement  by  the  commonwealth  to 
cities  and  towns  in  connection  with  the  Dutch  elm  disease. 
Said  department  shall  report  to  the  general  court  the  results 
of  its  investigation  and  study,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  of  representatives  not  later  than  the 
first  Wednesday  in  December  in  the  current  year. 

Approved  July  19,  1965. 


Resolves,  1955. —  Chaps.  98,  99.  955 


Resolve  reviving  and  continuing  the  unpaid   special  Qjid^    Qg 

COMMISSION     ESTABLISHED     TO     STUDY     AND     REVISE     THE  ' 

LAWS    RELATING   TO    INDUSTRIAL   HOMEWORK. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  one  hundred  of  the  resolves  of  nineteen  hundred 
and  fifty-four  to  make  a  survey  and  study  of  the  laws  of  the 
commonwealth  relating  to  industrial  homework,  with  a  view 
to  the  revision  and  codification  of  said  laws  and  to  the 
recommending  of  such  changes  therein  and  additions  thereto 
as  may  appear  necessary  or  desirable  is  hereby  re\aved  and 
continued.  Said  commission  shall  hold  hearings,  shall  be 
provided  with  quarters  in  the  state  house  or  elseAvhere,  and 
may  expend  for  expenses  and  legal,  clerical  and  other  assist- 
ance the  unexpended  balance  of  the  amount  appropriated  in 
item  0255-08  of  section  two  of  chapter  six  hundred  and 
eighty-seven  of  the  acts  of  nineteen  hundred  and  fifty-four 
and  such  sums  as  may  be  appropriated  therefor.  Said  com- 
mission shall  report  to  the  general  court  the  results  of  its 
survey  and  study,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  said  recommenda- 
tions into  effect,  by  filing  the  same  with  the  clerk  of  the  house 
of  representatives  not  later  than  August  fifteenth  in  the 
current  j'^ear.  Approved  July  20,  1965. 

Resolve  providing  for  an  investigation  relative  to  (Jjifiy    99 

SHORE    AND    BEACH    EROSION    IN    THE    METROPOLITAN    DIS-  ^' 

TRICT. 

Resolved,  That  the  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  make  an  investigation  and 
study  of  the  subject  matter  of  current  house  document  num- 
bered 261,  making  an  appropriation  for  the  state's  share  of 
the  cost  of  the  beach  erosion  project  for  Quincy  Shore  beach 
to  be  financed  in  part  by  the  federal  government  and  of 
similar  projects  for  Atlantic  and  Wollaston  beaches.  Said 
commission  shall  also  study  the  shore  line  and  beaches  under 
the  jurisdiction  of  the  metropohtan  district  commission,  and 
make  such  surveys  as  it  deems  necessary  for  the  purpose  of 
recommending  a  program  for  protecting  the  shore  from 
erosion  by  the  sea.  Said  commission  shall  consider  the 
method  of  financing  the  program  with  a  view  to  receiving 
the  co-operation  of  cities,  towns,  counties,  the  common- 
wealth and  the  federal  government  in  said  program.  Said 
commission  shall  report  to  the  general  court  the  results  of 
its  investigation  and  study,  and  its  recommendations  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect,  by  filing  the  same  \^^th  the 
clerk  of  the  house  of  representatives  on  or  before  the  first 
Wednesday  of  January  in  the  year  nineteen  hundred  and 
fifty-six.  Approved  July  20,  1955. 


956  Resolves,  1955.  —  Chaps.  100,  101,  102. 

Chap. 100  Resolve  increasing  the  scope  of  the  special  commis- 
sion ON  equalization  and  apportionment. 

Resolved,  That  the  special  unpaid  commission  on  equahza- 
tion  and  apportionment,  established  by  chapter  eighty-one 
of  the  resolves  of  the  current  year,  shall,  in  making  its  in- 
vestigation and  study  consider  the  subject  matter  of  cur- 
rent senate  document  numbered  720,  reimbursing  the  towns 
of  Ashland,  Framingham,  Hopkinton,  Natick  and  Wayland 
for  the  loss  of  taxes  on  certain  land  therein  owned  by  the 
commonwealth  and  held  for  recreational  purposes;  of  cur- 
rent house  document  numbered  2673,  third  interim  report 
of  the  fiscal  survey  commission,  and  of  current  house  docu- 
ment numbered  2907  relative  to  the  reimbursement  to  cer- 
tain cities  and  towns  of  sums  due  them  as  reimbursement 
for  loss  of  taxes  on  state-owned  land. 

Approved  July  20,  1955. 


Chap. 101  Resolve  authorizing  the  department  of  public  health 
TO  make  an  investigation  and  study  relative  to  the 
establishment  of  certain  hospitals. 

Resolved,  That  the  department  of  public  health  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
of  the  subject  matter  of  current  house  document  numbered 
712,  relative  to  establishing  a  hospital  for  victims  of  dis- 
eases resulting  in  parah^sis,  and  of  current  house  document 
numbered  1689,  relative  to  requiring  the  commonwealth  to 
provide  sufficient  physiotherapy  treatment  for  persons  af- 
flicted with  cerebral  palsy.  Said  department  shall  report  to 
the  general  court  the  results  of  its  investigation  and  study, 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  the  same  from  time  to  time  with  the  clerk  of 
the  house  of  representatives.  In  making  its  investigation 
and  study  hereunder,  said  department  may  expend  such 
sums  as  may  be  appropriated  therefor. 

Approved  July  22,  1955. 


Chap. 102  Resolve  providing  for  an  investigation  and  study  by 

THE  department  OF  PUBLIC  WORKS  RELATIVE  TO  RE- 
CLAIMING CERTAIN  LAND  AND  DREDGING  AND  IMPROVING 
IPSWICH   RIVER. 

Resolved,  That  the  department  of  public  works  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
of  the  subject  matter  of  current  house  document  numbered 
824,  authorizing  and  directing  the  department  of  public 
works  to  dredge  and  otherwise  improve  the  Ipswich  River 
Channel,  and  of  current  house  document  numbered  2061, 
authorizing  and  directing  the  department  of  public  works  to 
reclaim  certain  swamp  lands  in  the  town  of  Tewksbury. 


Resolves,  1955. —  Chaps.  103,  104.  957 

Said  department  shall  report  to  the  general  court  the  results 
of  its  investigation  and  study,  together  with  drafts  of  legis- 
lation necessary  to  carry  such  recommendations  into  effect, 
by  filing  the  same  with  the  clerk  of  the  house  of  representa- 
tives from  time  to  time  but  not  later  than  the  first  AVednes- 
day  of  December  in  the  current  year. 

Approved  July  22,  1955. 


Resolve  providing  for  a  study  by  the  Massachusetts  C/zap.  103 

AERONAUTICS  COMMISSION  RELATIVE  TO  THE  USE  AS  EVI- 
DENCE OF  AUTHENTICATED  PAPERS  AND  REPORTS  OF  THE 
FEDERAL   CIVIL   AERONAUTICS    BOARD. 

Resolved,  That  the  jMassachusetts  aeronautics  commission 
is  hereby  authorized  and  directed  to  make  a  stud}'  of  the 
subject  matter  of  current  house  document  numbered  1099. 
relative  to  the  use  as  evidence  of  authenticated  copies  of 
certain  papers  and  reports  of  the  Federal  Civil  Aeronautics 
Board.  Said  commission  shall  report  to  the  general  court 
the  results  of  its  study,  and  its  recommendations,  if  any, 
together  mth  drafts  of  legislation  necessar}''  to  carry  such 
recommendations  into  effect,  by  filing  the  same  ^vith  the 
clerk  of  the  house  of  representatives  on  or  before  December 
first  in  the  current  year.  Approved  July  22,  1955. 

Resolve  providing  for  a  study  and  survey  relative  (7/^^r>  104 
TO  the  disposition  of  certain  documents,  papers  and    '      ^' 

RECORDS  used  IN  THE  CONDUCT  OF  THE  BUSINESS  OF  THE 

commonwealth. 

Resolved,  That  the  commissioner  of  administration  and 
the  state  secretary  are  herebj''  authorized  and  directed  to 
make  a  study  and  survey  relative  to  the  disposition  of  cer- 
tain documents,  papers  and  records  of  the  several  adminis- 
trative agencies,  departments  and  ilivisions  of  the  common- 
wealth which  have  no  permanent  or  historic  value  and 
which  are  not  needed  in  the  conduct  of  the  business  of  the 
commonwealth.  In  making  such  study  and  survey  the 
commissioner  and  the  state  secretary  shall  have  access  to 
all  documents,  papers  and  records  of  each  such  agency,  de- 
partment or  division,  except  such  documents,  papers  and 
records  as  are  required  by  law  to  be  preserved  or  kept 
secret;  and  shall  exclude  from  such  study  and  survey  all 
documents,  papers  and  records  of  the  judicial  department 
and  the  legislative  department,  and  so  many  of  the  docu- 
ments, papers  and  records  of  the  executive  department  as 
are  not  required  by  law  to  be  preserved  or  kept  secret.  Said 
study  and  survey  shall  be  made  for  the  purpose  of  ascertain- 
ing the  advisability  or  necessity  of  preserving  certain  docu- 
ments, papers  and  records  used  in  the  conduct  of  the  business 
of  the  cormnonwealth  and  of  recommending  to  the  general 
court  the  advisability  or  feasibility  of  the  establislunent  of 


958  Resolves,  1955.  —  Chaps.  105,  106. 

a  uniform  record  management  program.  Said  commissioner 
and  said  secretary  shall  have  the  co-operation  of  all  of  the 
aforesaid  agencies,  departments  and  divisions,  and  for 
purposes  of  this  resolve  may  expend  for  outside  help  such 
sums  as  may  be  appropriated  therefor.  Said  commissioner 
and  said  secretary  shall  report  to  the  general  court  the 
results  of  his  study  and  survey  and  his  recommendations, 
if  any,  together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  "with 
the  clerk  of  the  senate  on  or  before  the  first  Wednesday  of 
December  in  the  current  year.        Approved  July  22,  1956. 


Chap. 105  Resolve  providing  for  an   investigation  and   study 

RELATIVE  TO  THE  DRAINING  AND  FILLING  OF  MYSTIC  POND 
in  THE  TOWN  OF  METHUEN. 

Resolved,  That  the  department  of  public  works  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
of  the  subject  matter  of  current  house  document  numbered 
2939  relative  to  draining  and  filling  Mystic  pond  in  the  town 
of  Methuen.  For  said  purposes,  said  department  may  ex- 
pend such  sums  as  may  be  appropriated  therefor.  Said 
department  shall  report  to  the  general  court  the  results  of 
its  investigation  and  study,  together  with  drafts  of  legisla- 
tion necessary  to  carry  its  recommendations,  if  any,  into 
effect,  by  filing  the  same  with  the  clerk  of  the  senate  on  or 
before  the  last  Wednesday  of  December  in  the  current  year. 

Approved  July  22,  1956. 

Chap.lOQ  Resolve  further  defining  the  powers  and  duties  of 

THE  JOINT  SPECIAL  COMMITTEE  TO  CONSIDER  PROPOSED 
CHANGES  IN  THE  CORRECTIONAL  SYSTEM  OF  THE  COM- 
MONWEALTH. 

Resolved,  That  the  joint  special  committee  to  consider 
proposed  changes  in  the  correctional  system  of  the  common- 
wealth is  hereby  authorized  to  travel  within  and  without 
the  commonwealth  in  the  performance  of  its  duties,  to  hold 
hearings  at  any  place  within  the  commonwealth,  and  to 
employ  legal,  clerical  and  such  other  assistance  as  it  deems 
necessary  and  to  expend  for  the  said  purposes  a  sum  not 
exceeding  ten  thousand  dollars.  The  comptroller  is  hereby 
authorized  and  directed  to  pay  any  bills  or  vouchers  for 
the  expenditures  of  the  committee  herein  provided  for  since 
said  committee  was  established  by  joint  order  of  the  two 
branches  from  amounts  made  available  by  chapter  four 
hundred  and  ninety-seven  of  the  acts  of  the  current  year 
and  appearing  in  item  0103-51  of  section  two  of  the  en- 
grossed bill  House,  No.  2700,  amended. 

Approved  July  26,  1966. 


Resolves,  1955. —  Chaps.  107,  108,  109.  959 


Resolve  providing  for  an  investigation  and  study  by  QJiarf  107 
A  special  unpaid  commission  relative  to  the  need  for 
administration  and  regulation  of  health  and  wel- 
fare TRUST  FUNDS  IN  THE  COMMONWEALTH. 

Resolved,  That  a  special  unpaid  commission,  to  consist  of 
two  members  of  the  senate,  to  be  designated  by  the  president 
thereof,  three  members  of  the  house  of  representatives,  to 
be  designated  by  the  speaker  thereof,  and  two  persons  to 
be  appointed  by  the  governor,  one  of  whom  shall  be  a  rep- 
resentative of  a  major  labor  organization  and  one  of  whom 
shall  be  a  representative  of  management,  is  hereby  estab- 
lished for  the  purpose  of  making  an  investigation  and  study 
relative  to  the  need  for  administration  and  regulation  of 
health  and  welfare  trust  funds  in  the  commonwealth.  Said 
commission  shall  be  pro\dded  with  quarters  in  the  state 
house  or  elsewhere,  and  may  expend  for  clerical  and  other 
ser\'ices  and  expenses  such  sums  as  may  be  appropriated 
therefor.  Said  commission  shall  report  to  the  general  court 
the  results  of  its  study,  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  said 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  senate  not  later  than  the  first  Wednesday  of 
November  in  the  current  year.       Approved  July  28,  1955. 


Resolve  increasing  the  scope  of  the  study  relative  QJ^j)  jqS 
TO  certain  matters  pertaining  to  the  blind. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  twenty-two  of  the  resolves  of  the  current  year 
shall,  in  making  its  investigation  and  study,  consider  the 
subject  matter  of  current  house  document  numbered  2350 
relative  to  the  aiding  of  blind  persons  by  the  division  of  the 
blind.  Approved  July  28,  1955. 

Resolve  reviving  and  continuing  the  commission  to  QJiqj)  109 
investigate   and  study  the  method   of  committing         ^  ■ 
persons  to  mental  hospitals,  and  the  rights,  care, 
treatment  and  release  or  discharge  of  persons  so 
committed. 

Resolved,  That  the  unpaid  special  commission  estabhshed 
by  chapter  one  hundred  and  eight  of  the  resolves  of  nineteen 
hundred  and  fifty-four,  continued  by  chapter  thirty-five  of 
the  resolves  of  nineteen  hundred  and  fifty-five,  is  hereby 
revived  and  continued  for  the  purpose  of  making  an  investi- 
gation and  study  of  the  method  of  committing  persons  to 
mental  hospitals,  and  the  rights,  care,  treatment  and  release 
or  discharge  of  persons  so  committed.  Said  commission  shall, 
in  the  course  of  its  investigation  and  study,  consider  the 
subject  matter  of  senate  document  numbered  366  of  the 
year  1954.  Said  commission  shall  be  provided  with  quarters 
in  the  state  house  or  elsewhere,  may  hold  hearings,  and  may 


960  Resolves,  1955.  — Chaps.  110,  111. 

expend  for  clerical  and  other  assistance  and  for  expenses  such 
sums  as  may  be  appropriated  therefor.  Said  commission 
shall  report  to  the  general  court  the  results  of  its  investiga- 
tion and  study,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  said  recom- 
mendations into  effect,  by  filing  the  same  with  the  clerk  of 
the  senate  on  or  before  the  third  Wednesday  of  January  in 
the  year  nineteen  hundred  and  fifty-six. 

Approved  July  28,  1955. 

Chap. 110  Resolve  providing  for  the  establishment  of  a  system 

OF  TOURIST  ROUTES  THROUGHOUT  THE  COMMONWEALTH. 

Resolved,  That  the  department  of  public  works,  the  de- 
partment of  natural  resources  and  the  department  of  com- 
merce, acting  as  a  joint  board,  are  hereby  authorized  and 
directed  to  select  and  establish  a  system  of  tourist  routes 
throughout  the  commonwealth  for  the  purpose  of  providing 
access  to  or  connecting  existing  and  proposed  pubhc  forests, 
parks,  reservations  and  beaches,  traversing,  where  possible, 
regions  of  historic,  scenic,  geographic  and  recreational  in- 
terest and,  so  far  as  is  practicable,  utilizing  secondary  or 
little-used  roads  and  providing,  if  appropriate,  roadside  rest 
areas,  turnouts,  overlooks  and  vistas.  Said  system  of  tourist 
routes  shall  be  selected  substantially  in  accord,  so  far  as  is 
practicable,  with  the  recommendations  of  the  tourist  route 
report  of  the  division  of  planning  of  the  department  of  com- 
merce dated  January  fifth,  nineteen  hundred  and  fifty-five, 
which  is  current  house  document  numbered  2490,  and  with 
due  consideration  to  the  availability  or  provision  of  overnight 
and  eating  accommodations  and  such  other  facilities  as  will 
afford  to  the  greatest  number  of  people  the  fullest  enjoyment 
of  the  natural,  historical  and  recreational  resources  of  the 
commonwealth.  Said  system  may,  from  time  to  time,  be 
added  to  or  extended. 

The  department  of  pubhc  works  is  directed  to  designate 
such  tourist  routes  appropriately  by  means  of  signs,  symbols 
or  markers  in  order  to  facihtate  the  movement  of  vehicular 
traffic  thereon  and  to  designate  appropriately  by  similar 
means  the  approaches  to  and  locations  of  points  of  interest 
along  the  tourist  route  system. 

The  department  of  pubhc  works  may  expend  for  the  es- 
tablishment and  designation  of  the  tourist  route  system  and 
for  additions  thereto  or  extensions  thereof  such  sums  as  may 
be  appropriated  therefor.  Approved  August  1,  1955. 

Chap. Ill  Resolve   providing   for   an   investigation   and   study 

RELATIVE    to    ESTABLISHING    A    STATE    PARK    AND     RESER- 
VATION. 

Resolved,  That  the  committee  on  conservation  is  hereby 
authorized  to  sit  during  the  recess  of  the  general  court  for 
the  purpose  of  making  an  investigation  and  study  of  the 


Resolves,  1955. —  Chaps.  112,  113.  961 

subject  matter  of  current  house  document  numbered  1288, 
providing  for  an  investigation  and  study  relative  to  estab- 
lishing a  state  park  and  reservation  in  the  Waltham,  Weston, 
Lincoln  area.  Said  committee  shall  report  to  the  general 
court  the  results  of  its  in^^estigation  and  study,  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  said  recommendations  into  effect,  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  on  or  be- 
fore the  first  Wednesday  of  December  in  the  current  year. 

Approved  August  1,  1956. 


Resolve  increasing  the  scope   of  the  investigation  Qhav  112 

AND   STUDY   BY   THE   SPECIAL   COMMISSION   ON  TAXATION. 

Resolved,  That  the  unpaid  special  commission,  known  as 
the  special  commission  on  taxation,  established  by  chapter 
eighty-six  of  the  resolves  of  nineteen  hundred  and  forty- 
eight  and  most  recently  continued  by  chapter  thirty-two  of 
the  resolves  of  the  current  year,  shall,  in  making  its  investi- 
gation and  study,  consider  the  subject  matter  proposed  by 
current  house  document  numbered  2780. 

Approved  August  1,  1955. 


Resolve  providing  for  an  investigation  by  a  special  Chav.WZ 

COMMISSION  OF  THE  FEASIBILITY  OF  PUTTING  CERTAIN 
power  LINES  UNDERGROUND  AND  OTHER  PROBLEMS  RE- 
LATING TO  THE  INTERRUPTION  OF  ELECTRICAL  AND  TELE- 
PHONE   SERVICE. 

Resolved,  That  an  unpaid  special  commission  consisting 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  five  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  two  persons  to 
be  appointed  by  the  governor,  is  hereby  established  for  the 
purpose  of  making  an  investigation  and  study  of  the  entire 
subject  of  the  loss  of  electrical  and  telephone  service  during 
the  hurricanes  of  August  thirty-first  and  September  eleventh, 
nineteen  hundred  and  fifty-four,  the  feasibility  of  placing 
certain  power  fines  underground  and  any  other  problems  re- 
lating to  the  interruption  of  electrical  and  telephone  service. 
Said  commission  shall,  in  the  course  of  its  investigation  and 
study,  consider  so  much  of  the  governor's  message  (Senate, 
No.  1)  as  relates  to  a  study  by  the  department  of  public 
utilities  of  the  distribution  of  electric  and  telephone  service, 
including  the  possibility  of  requiring  that  existing  and  new 
transmission  lines  be  placed  underground  with  a  view  to  im- 
proving the  quality  and  efficiency  of  service  in  times  of 
emergency;  the  subject  matter  of  the  investigation  proposed 
by  current  senate  document  numbered  66;  so  much  of  the 
investigation  proposed  by  current  senate  documents  num- 
bered 437  and  439  as  relates  to  the  study  of  the  problem  of 
placing  utifity  fines  underground;    of  current  house  docu- 


962  Resolves,  1955  —Chap.  114. 

merits  numbered  227,  228,  233,  1445,  1939;  of  the  investi- 
gation proposed  by  current  house  documents  numbered  234, 
702  and  2199  and  so  much  of  the  investigation  proposed  by 
current  house  document  numbered  1191  as  relates  to  the 
study  of  the  problem  of  placing  utility  lines  underground. 
The  commission  may  hold  hearings  and  may  call  upon  the 
department  of  pubhc  utilities  and  other  departments,  com- 
missions and  officers  of  the  commonwealth  for  such  informa- 
tion as  it  may  desire  in  the  course  of  its  investigation.  Said 
commission  shall  be  provided  with  quarters  in  the  state 
house  or  elsewhere,  may  hold  public  hearings,  and  shall  hire 
a  firm  of  qualified  engineers  to  make  the  study.  The  com- 
mission may  expend  for  such  purpose  such  sums  as  may  be 
appropriated  therefor.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  its  recommendations  into  effect  by  filing  the 
same  with  the  clerk  of  the  house  of  representatives  not  later 
than  January  fifteenth,  nineteen  hundred  and  fifty-six. 

Approved  August  4,  1955. 


Chap. 114:  Resolve  reviving  and  continuing  the  special  commis- 
sion ESTABLISHED  TO  MAKE  AN  INVESTIGATION  AND  STUDY 
RELATIVE  TO  RETARDED  CHILDREN  AND  THE  TRAINING  FA- 
CILITIES  AVAILABLE   THEREFOR. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  seventy-seven  of  the  resolves  of  nineteen  hundred 
and  fifty-two,  and  most  recently  revived  and  continued  by 
chapter  fifty-one  of  the  resolves  of  nineteen  hundred  and 
fifty-five,  is  hereby  further  revived  and  continued  for  the 
purpose  of  continuing  its  investigation  and  study  relative  to 
the  number  of  retarded  children  in  the  commonwealth  and 
the  training  facilities  available  for  their  instruction,  and 
fitting  said  children  for  community  living.  Said  commission 
shall  be  provided  with  suitable  quarters  in  the  state  house 
or  elsewhere,  may  hold  hearings,  may  require  by  summons 
the  attendance  and  testimony  of  witnesses  and  the  produc- 
tion of  books  and  papers,  may  travel  within  and  without  the 
commonwealth,  and  may  expend  for  clerical  and  other  serv- 
ices the  unexpended  balance  available  in  item  0245-00  of 
section  two  of  chapter  six  hundred  and  eighty-seven  of  the 
acts  of  nineteen  hundred  and  fifty-four  and  such  other  sums 
as  may  be  appropriated  therefor.  Said  commission  shall 
report  to  the  general  court  the  results  of  its  investigation 
and  study,  and  its  recommendations,  together  with  drafts  of 
legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  one  or  more  reports  with  the  clerk  of  the  house 
of  representatives  from  time  to  time,  and  by  filing  its  final 
report  on  or  before  December  first,  nineteen  hundred  and 
fifty-five.  Approved  August  4,  1955. 


Resolves,  1955.  —  Chaps.  115,  116,  117,  118.  963 


RESOLVE  AUTHORIZING  AND  DIRECTING  THE  COUNSEL  TO  THE  QJid'n  W^ 
SENATE  AND  THE  COUNSEL  TO  THE  HOUSE  OF  REPRESENTA- 
TIVES  TO  MAKE  A  STUDY  RELATIVE  TO  CERTAIN  CORRECTIVE 
CHANGES   IN   THE    GENERAL   LAWS. 

Resolved,  That  the  counsel  to  the  senate  and  the  counsel 
to  the  house  of  representatives  are  hereby  authorized  and 
directed  to  study  the  subject  matter  of  current  house  docu- 
ment numbered  2653  and  report  the  results  of  their  study 
and  their  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  their  recommendations  into 
effect  bj^  filing  the  same  Avith  the  clerk  of  the  senate  not 
later  than  the  first  Wednesday  of  February  in  the  year  nine- 
teen hundred  and  fifty-six.  Approved  August  4,  1955. 

Resolve  authorizing  and  directing  the  counsel  to  the  fhnjy  1 1  a 

SENATE  AND  THE  COUNSEL  TO  THE  HOUSE  OF  REPRESENTA-      ^  ' 
TIVES  TO  MAKE  A  STUDY  RELATIVE  TO  CERTAIN  CORRECTIVE 
CHANGES  IN  THE  GENERAL  LAWS  RELATING  TO  TAXATION. 

Resolved,  That  the  counsel  to  the  senate  and  the  counsel 
to  the  house  of  representatives  are  hereby  authorized  and 
directed  to  study  the  subject  matter  of  current  senate  docu- 
ment numbered  745  making  certain  corrective  changes  in 
the  General  Laws  relating  to  taxation  and  report  the  results 
of  their  study  and  their  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  their  recom- 
mendations into  effect  by  filing  the  same  with  the  clerk  of 
the  senate  not  later  than  the  first  Wednesday  of  February 
in  the  year  nineteen  hundred  and  fifty-six. 

Approved  August  4,  1955. 

Resolve  increasing  the   scope   of  the  investigation  Chap.117 

AND   study  by  the   SPECIAL  COMMISSION   ON  TAXATION. 

Resolved,  That  the  unpaid  special  commission,  known  as 
the  special  commission  on  taxation,  established  by  chapter 
eighty-six  of  the  resolves  of  nineteen  hundred  and  forty- 
eight  and  most  recently  continued  by  chapter  thirty-two  of 
the  resolves  of  the  current  year,  shall,  in  making  its  investi- 
gation and  study,  consider  the  subject  matter  proposed  by 
current  senate  documents  numbered  84,  513  and  528,  and 
current  house  documents  numbered  109,  253,  765,  1502 
and  1506.  Approved  August  4,  1955. 

Resolve  authorizing  and  directing  the  counsel  to  the  Qhnj)  118 

SENATE  AND  THE  COUNSEL  TO  THE  HOUSE  OF  REPRESENTA-      ^' 
TIVES  TO  MAKE  A  STUDY  RELATIVE  TO  CERTAIN  CORRECTIVE 
CHANGES  IN  THE  GENERAL  LAWS. 

Resolved,  That  the  counsel  to  the  senate  and  the  counsel 
to  the  house  of  representatives  are  hereby  authorized  and 
directed  to  study  the  subject  matter  of  current  house  docu- 
ment numbered  2661  and  report  the  results  of  their  study  and 


964  Resolves,  1955. —  Chaps.  119,  120,  121. 

their  recommendations,  if  any,  together  with  drafts  of  legis- 
lation necessary  to  carry  their  recommendations  into  effect 
by  filing  the  same  with  the  clerk  of  the  senate  not  later 
than  the  first  Wednesday  of  February  in  the  year  nineteen 
hundred  and  fifty-six.  Approved  August  9,  1955. 

Chap. 11^  Resolve  authorizing  and  directing  the  department  of 

CORPORATIONS  AND  TAXATION  TO  MAKE  A  STUDY  RELATIVE 
TO   THE   TAXATION   OF   SALES    AND   USE   OF   SPECIAL   FUELS. 

Resolved,  That  the  department  of  corporations  and  tax- 
ation is  hereby  authorized  and  directed  to  study  the  subject 
matter  of  current  house  document  numbered  3005  relating 
to  the  taxation  of  sales  and  use  of  special  fuels.  Said  depart- 
ment shall  report  to  the  general  court  the  results  of  its  study, 
and  its  recommendations,  if  2jvy,  together  with  drafts  of 
legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  senate  on  or 
before  the  first  "Wednesday  of  December  in  the  current  year. 

Approved  August  9,  1955. 

Chap. 120  Resolve  authorizing  and  directing  the  counsel  to  the 

SENATE  AND  THE  COUNSEL  TO  THE  HOUSE  OF  REPRESENTA- 
TIVES TO  MAKE  A  STUDY  REIxATIVE  TO  CERTAIN  CHANGES  IN 
THE   GENERAL   LAWS. 

Resolved,  That  the  counsel  to  the  senate  and  the  counsel 
to  the  house  of  representatives  are  hereby  authorized  and 
directed  to  study  the  subject  matter  of  current  house  docu- 
ment numbered  2662  making  certain  changes  in  the  General 
Laws,  and  report  the  results  of  their  study  and  their  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carry  their  recommendations  into  effect  by  filing  the 
same  with  the  clerk  of  the  senate  not  later  than  the  first 
Wednesday  of  February  in  the  year  nineteen  hundred  and 
fifty-six.  Approved  August  9,  1955. 

Chap. 121  Resolve  authorizing  the  department  of  public  works 

TO  investigate  AND  STUDY  THE  FEASIBILITY  OF  CON- 
STRUCTING A  BRIDGE  OR  BRIDGES  ACROSS  THE  MERRIMACK 
RIVER   IN   THE    CITY    OF   LAWRENCE. 

Resolved,  That  the  department  of  public  works  is  hereby 
authorized  and  directed  to  make  a  study  and  investigation  of 
the  feasibility  of  constructing  one  or  more  bridges  over  the 
Merrimack  river,  west  of  the  O'Leary  bridge,  so  called,  in 
the  city  of  Lawrence,  as  provided  for  in  current  house  docu- 
ment numbered  2689.  Said  department  shall  make  a  report 
of  said  investigation  and  study  by  filing  the  same  with  the 
clerk  of  the  senate,  together  with  its  recommendations,  if 
any,  and  drafts  of  legislation  necessary  to  carrj""  said  recom- 
mendations into  effect,  on  or  before  the  first  Wednesday  of 
December  in  the  current  year. 

Approved  August  10,  1955. 


Resolves,  1955.  —  Chaps.  122,  123,  124.  965 


Resolve  validating  the  acts  of  ghislaine  f.  bell  of  qj^qj)  J22 

LEOMINSTER   AS   A    NOTARY   PUBLIC.  ^' 

Resolved,  That  the  acts  of  Ghislaine  F.  Bell  of  Leominster 
as  a  notary  public  between  April  eighteenth,  nineteen  hun- 
dred and  forty-nine  and  December  tenth,  nineteen  hundred 
and  fifty-three,  both  dates  inclusive,  in  so  far  as  the  same 
may  have  been  invalid  by  reason  of  the  fact  that,  upon  the 
change  of  her  name  from  Ghislaine  F.  Bouley,  she  failed  to 
re-register  under  her  new  name  and  pay  to  the  state  secretary 
a  fee  of  one  dollar  as  required  by  section  thirteen  of  chapter 
thirty  of  the  General  Laws,  are  hereby  confirmed  and  made 
vahd.  Approved  August  11,  1955. 

Resolve  providing  for  a  study  and  investigation  by  Chap. 12S 

THE  METROPOLITAN  DISTRICT  COMMISSION  RELATIVE  TO 
THE  ADVISABILITY  OF  CONSTRUCTING  AND  MAINTAINING 
PLAYGROUNDS,  SWIMMING  POOLS  AND  RECREATIONAL  AREAS. 

Resolved,  That  the  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  investigate  and  study  the 
advisability  of  constructing,  improving  and  maintaining  play- 
grounds, swimming  pools,  beach  areas,  skating  rinks  and 
other  recreational  facilities  at  places  under  the  jurisdiction 
and  control  of  said  commission,  and  shall  provide  estimates 
of  costs  for  such  projects.  Said  commission  shall  report  the 
results  of  its  investigation  and  study,  and  its  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary  to 
carry  the  same  into  effect,  by  fihng  the  same  with  the  clerk 
of  the  senate  on  or  before  the  second  Wednesday  in  January, 
nineteen  hundred  and  fifty-six. 

Approved  August  11,  1955. 

Resolve  in  favor  of  the  furnace  brook  golf  club,  inc.  nf,ny  194 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  and  after  an  appropria- 
tion has  been  made  therefor,  there  shall  be  allowed  and  paid 
out  of  the  state  treasury  to  the  Furnace  Brook  Golf  Club, 
Inc.,  a  corporation  duly  organized  within  the  common- 
wealth, the  sum  of  nine  hundred  dollars  for  damages  sus- 
tained by  it  on  account  of  a  taking  in  the  year  nineteen 
hundred  and  fifty  by  the  commonwealth,  acting  through 
the  metropolitan  district  commission,  of  a  perpetual  right 
and  easement  to  construct,  inspect,  repair,  renew,  replace, 
operate  and  forever  maintain  a  pipe  line  for  the  convey- 
ance of  water  in,  through  and  under  certain  parcels  of  land 
owned  by  said  golf  club,  the  time  for  filing  a  petition  for  an 
award  of  damages  having  elapsed. 

Approved  August  15,  1955. 


966  Resolves,  1955.  —  Chaps.  125,  126,  127. 


Chap. 125  Resolve  increasing   the  scope  of  the   investigation 

AND   STUDY   BY   THE  SPECIAL   COMMISSION   ON   TAXATION. 

Resolved,  That  the  unpaid  special  commission,  known  as 
the  special  commission  on  taxation,  established  by  chapter 
eighty-six  of  the  resolves  of  nineteen  hundred  and  forty- 
eight,  and  most  recently  continued  by  chapter  thirty-two 
of  the  resolves  of  nineteen  hundred  and  fifty-five,  shall, 
in  making  its  investigation  and  study,  consider  the  subject 
matter  of  current  senate  documents  numbered  87,  93,  348 
and  521,  and  current  house  documents  numbered  295,  472, 
976,  2296  and  3069.  Approved  August  15,  1965. 

Chap. 126  Resolve  in  favor  of  the  widow  of  the  late  Walter  r. 

MCDONALD,  A  FORMER  MEMBER  OF  THE  STATE  POLICE. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral 
obligation  of  the  commonwealth,  and  after  an  appropriation 
has  been  made  therefor,  there  shall  be  allowed  and  paid  out 
of  the  state  treasury  to  Mary  T.  McDonald  of  Waltham, 
widow  of  Walter  R.  McDonald,  former  member  of  the  de- 
partment of  pubhc  safety  doing  poUce  duty,  who,  while  on 
duty  at  the  Wareham  barracks  on  September  nineteenth, 
nineteen  hundred  and  forty,  sustained  fatal  injuries,  which 
resulted  in  his  death  on  said  date,  an  annuity  of  one  thou- 
sand dollars,  payable  in  equal  monthly  instalments,  for  a 
period  of  five  years  commencing  as  of  the  first  day  of  June, 
nineteen  hundred  and  fifty-five.  Said  annuity  shall  cease 
upon  the  remarriage  of  said  Mary  T.  McDonald.  No  pay- 
ment shall  be  made  hereunder  until  there  has  been  filed 
with  the  comptroller  an  agreement  signed  by  said  Mary  T. 
McDonald  that  the  amount,  if  any,  paid  or  to  be  paid  for 
legal  services  rendered  in  connection  with  the  passage  of 
this  resolve  shall  not  exceed  ten  per  centum  of  the  maximum 
amount  payable  hereunder.        Approved  August  22,  1955. 

Chap. 121  Resolve  providing  for  an  investigation  and  study  by 

the    department    of    COMMERCE    RELATIVE   TO    THE    ECO- 
NOMIC  CONDITIONS   IN   THE   CITY   OF  LAWRENCE. 

Resolved,  That  the  department  of  commerce  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
of  the  economic  conditions  in  the  city  of  Lawrence.  For  the 
purpose  of  carrying  out  the  provisions  of  this  resolve,  said 
department  may  expend  such  sums  as  may  be  appropriated 
therefor.  Said  department  shall  report  to  the  general  court 
the  results  of  its  investigation  and  study  and  its  recom- 
mendations, if  any,  together  with  drafts  of  legislation  neces- 
sary to  carr>'  such  recommendations  into  effect,  by  fifing 
the  same  with  the  clerk  of  the  house  of  representatives  on 
or  before  the  first  Wednesday  of  January,  nineteen  hundred 
and  fifty-six.  Approved  August  22,  1955. 


Resolves,  1955.  —  Chaps.  128,  129.  967 

Resolve  establishing  an  unpaid  special  commission  to  /-ii       -.^q 

STUDY    certain    MATTERS    RELATING   TO    RETIREMENT   AND  ^'^^V-^^^ 

pensions. 

Resolved,  That  a  special  unpaid  commission,  to  consist 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  four  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  three  persons 
to  be  appointed  by  the  governor,  is  hereb}''  estabhshed  to 
study  and  consider  the  subject  matter  of  current  senate 
documents  numbered  60,  61,  144,  147,  148,  417,  418,  419, 
420,  422,  430,  431,  432,  433  and  625,  and  of  current  house 
documents  numbered  216,  219,  221,  222,  223,  224,  351,  355, 
444,  445,  446,  449,  676,  677,  678,  679,  685,  686,  692,  694, 
697,  700,  915,  916,  918,  924,  1174,  1176,  1178,  1179,1186, 
1187,  1188,  1189,  1428,  1430,  1442,  1443,  1668,  1673,  1675, 
1919,  1923,  1924,  1925,  1927,  1930,  1931,  1936,  1937,  2182, 
2183,  2186,  2188,  2189,  2190,  2191,  2192,  2194,  2195,  2196, 
2408,  2411,  2412,  2413,  2414,  2455,  2474,  2478,  2678  and 
2690.  Said  commission  shall  be  provided  with  quarters  in 
the  state  house  or  elsewhere,  may  hold  hearings,  may  re- 
quire by  summons  the  attendance  and  testimony  of  witnesses 
and  the  production  of  books  and  papers,  may  call  on  state 
officials  and  department  heads  for  advice  and  assistance, 
and  may  expend  for  expert,  clerical  and  other  services  and 
expenses  such  sums  as  may  hereafter  be  appropriated  there- 
for. Said  commission  shall  report  to  the  general  court  the 
result  of  its  study,  and  its  recommendations,  if  any,  together 
with  drafts  of  legislation  necessary  to  carry  said  recom- 
mendations into  effect,  by  filing  the  same  with  the  clerk  of 
the  house  of  representatives  not  later  than  the  first  Wednes- 
day of  December  in  the  current  year. 

Approved  Au  vst  24,  1955. 

Resolve  further  increasing  the  scope  of  the  special  fhr,^^  loQ 

COMMISSION     established     TO     STUDY     AND     INVESTIGATE     '    ^  ' 
COMMUNISM    AND    SUBVERSIVE    ACTIVITIES    AND    RELATED 
MATTERS  IN  THE  COMMONWEALTH. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  eighty-nine  of  the  resolves  of  nineteen  hundred 
and  fifty-three  and  most  recently  revived  and  continued  by 
chapter  fifty-two  of  the  resolves  of  the  current  year  shall, 
in  the  course  of  its  investigation  and  study  consider  the 
subject  matter  of  current  house  document  numbered  2893, 
pro\'idmg  for  the  discharge  of  any  instructor  or  teacher  in 
any  public  school  located  in  the  commonwealth,  who  re- 
fuses, at  a  duly  constituted  trial,  or  at  certain  hearings  or 
inquiries,  to  answer  certain  questions  pertinent  to  his  mem- 
bership in  the  communist  party. 

Approved  August  24,  1955. 


968  Resolves,  1955.  — Chaps.  130,  131,  132. 


Chap. 130  Resolve  providing  for  an  investigation  and  study  by 

THE    LEGISLATIVE    RESEARCH    COUNCIL    RELATIVE    TO    THE 
PRACTICE  OF  NURSING  WITHIN  THE  COMMONWEALTH. 

Resolved,  That  the  legislative  research  council  is  hereby 
authorized  and  directed  to  make  an  investigation  and  study 
relative  to  the  practice  of  nursing  in  the  commonwealth. 
In  the  course  of  its  investigation  and  study  said  council  shall 
consider  the  subject  matter  of  current  house  documents 
numbered  2918  and  2982.  Said  council  shall  report  to  the 
General  Court  the  results  of  its  investigation  and  study  by 
fiUng  the  same  with  the  clerk  of  the  senate  not  later  than 
the  first  Wednesday  in  December  of  the  current  year. 

Approved  August  24,  1955. 

Chav.lSi  Resolve  increasing  the  scope   of  the  investigation 

and  STUDY   BY  THE  SPECIAL   COMMISSION   ON  TAXATION. 

Resolved,  That  the  unpaid  special  commission,  known  as 
the  special  commission  on  taxation,  established  by  chapter 
eighty-six  of  the  resolves  of  nineteen  hundred  and  forty- 
eight,  and  most  recently  continued  by  chapter  thirty-two 
of  the  resolves  of  nineteen  hundred  and  fifty-five,  shall,  in 
making  its  investigation  and  study,  consider  the  subject 
matter  of  current  house  document  numbered  250,  relative 
to  payments  by  the  city  of  Springfield  to  the  town  of  Bland- 
ford  in  Ueu  of  taxes  on  certain  property. 

Approved  August  2 4,  1955. 

Chap. 1S2  Resolve    continuing   the   special   committee   on   the 

reorganization   of  the    correctional   system   AND    IN- 
CREASING  THE    SCOPE   THEREOF. 

Resolved,  That  the  joint  special  committee  on  the  re- 
organization of  the  correctional  system,  created  by  order 
adopted  in  concurrence  by  the  senate  on  June  ninth,  and  by 
the  house  on  June  thirteenth,  nineteen  hundred  and  fifty- 
five,  be  continued  for  the  purpose  of  study  and  investigation 
of  the  reorganization  of  the  board  of  probation,  the  parole 
board,  including  compensation  of  members  and  employees, 
the  sentencing  of  convicts,  the  equaUzation  and  adjustment 
of  salary  schedules  within  the  department  of  correction,  and 
such  other  of  the  subject  matter  of  current  senate  document 
numbered  seven  hundred  and  fifty  as  it  may  deem  necessary 
or  desirable. 

Said  committee  is  hereby  authorized  to  sit  during  the 
recess  of  the  general  court.  It  shall  be  furnished  with  quar- 
ters in  the  state  house  or  elsewhere,  may  hold  public  hear- 
ings, may  travel  within  and  without  the  commonwealth,  shall 
have  the  power  to  summon  witnesses  and  to  require  the 
production  of  books,  records  and  papers  as  it  deems  neces- 
sary, and  may  expend  for  legal,  clerical  and  other  services 
such  sums  as  may  be  appropriated  therefor. 


Resolves,  1955.  —  Chap.  133.  969 

Said  committee  shall  report  to  the  general  court  the  re- 
sults of  its  investigation  and  study  and  its  recommendations, 
if  any,  together  with  drafts  of  legislation  necessary  to  carry 
such  recommendations  into  effect,  by  filing  the  same  with 
the  clerk  of  the  house  not  later  than  the  second  Wednesday 
of  March,  nineteen  hundred  and  fifty-six. 

Approved  August  25,  1955. 

Resolve   providing    for   an   investigation    and   study  nhnrt  133 

RELATIVE  TO  THE  MILITIA  LAWS  AND  THE  VETERANS'  LAWS  ^' 

OF  THE  COMMONWEALTH  AND  THEIR  ADMINISTRATION. 

Resolved,  That  an  unpaid  special  commission  to  consist  of 
the  members  of  the  committee  on  military  affairs,  the  com- 
missioner of  veterans'  services  or  his  representative,  the 
president  of  the  State  Veterans'  Ser\'ices  Association  or  his 
representative,  and  the  state  commanders  of  the  Veterans  of 
Foreign  Wars,  The  American  Legion,  the  Disabled  American 
Veterans  and  the  American  Veterans  of  World  War  II, 
AMVETS,  or  representatives  designated  by  them,  respec- 
tively, is  hereby  established  to  sit  during  the  session  and 
the  recess  of  the  general  court  for  the  purpose  of  making 
an  investigation  and  study  of  the  militia  laws  and  the 
veterans'  laws  of  the  commonwealth  and  the  administration 
thereof,  with  a  view  to  the  revision  and  codification  of  said 
laws  and  to  the  recommendation  of  such  changes  therein 
and  additions  thereto  as  may  appear  necessary  or  desirable. 

Said  commission,  in  making  its  survey  and  study,  shall 
consider  the  subject  matter  of  chapters  six  hundred  and 
twenty-seven,  six  hundred  and  eighty-three  and  six  hundred 
and  eighty-eight  of  the  acts  of  nineteen  hundred  and  fifty- 
four;  current  senate  documents  numbered  52,  54,  55,  56, 
142  and  404,  and  current  house  documents  numbered  211, 
345,  902,  903,  1168,  1169,  1417,  1419,  1546,  1547,  1785  and 
1906. 

Said  commission  may  request  the  adjutant  general  to 
assist  in  its  investigation,  and  he  shall  furnish  such  informa- 
tion in  his  possession  as  requested.  Said  commission  shall 
be  provided  with  suitable  quarters  in  the  state  house  or 
elsewhere,  may  travel  within  and  without  the  common- 
wealth, may  hold  public  hearings  and  may  expend  such  sums 
for  legal,  technical,  clerical  and  other  assistance  and  expenses 
as  may  be  appropriated  therefor.  Said  commission  may  re- 
quire by  summons  the  attendance  of  witnesses,  may  ad- 
minister oaths  and  require  the  production  of  such  records 
and  documents  as  it  deems  essential  for  the  purpose  of  such 
investigation  and  study.  Said  commission  shall  report  to 
the  general  court  the  results  of  its  investigation  and  study, 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  its  recommendations  into  effect, 
by  filing  the  same  with  the  clerk  of  the  senate  on  or  before 
the  last  Wednesday  of  January,  nineteen  hundred  and  fifty- 
six.  Approved  August  29,  1955. 


970  Resolves,  1955. —  Chaps.  134,  135. 


Chap. 134:  Resolve  further  continuing  the  special  commission 

ESTABLISHED  TO  MAKE  AN  INVESTIGATION  AND  STUDY 
RELATIVE   TO   THE   PROBLEMS   OF  TAXATION. 

Resolved,  That  the  unpaid  special  commission,  known  as 
the  special  commission  on  taxation,  established  by  chapter 
eighty-six  of  the  resolves  of  nineteen  hundred  and  forty- 
eight,  and  most  recently  continued  by  chapter  thirty-two  of 
the  resolves  of  nineteen  hundred  and  fifty-five,  is  hereby 
further  continued  for  the  purpose  of  continuing  its  in- 
vestigation and  study  relative  to  the  problems  of  taxation. 
Said  commission  shall  make  an  investigation  and  study  of 
the  general  subject  of  taxation  in  the  commonwealth,  in- 
cluding among  other  things  the  assessment  and  collection 
of  taxes  and  the  distribution  of  such  taxes.  Said  com- 
mission shall  also  make  such  investigation  and  study  with  a 
view  to  the  revision  and  codification  of  the  laws  relating  to 
taxation  and  to  the  recommending  of  such  changes  therein 
and  additions  thereto  as  may  appear  necessary  or  desirable. 

Said  commission  may  hold  public  hearings  and  may  call 
upon  officials  of  the  commonwealth  or  its  subdivisions  for 
such  information  as  it  may  desire  in  the  course  of  its  investi- 
gation and  study,  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  and  shall  have  the  power  to  sum- 
mon witnesses  and  to  require  the  production  of  books,  rec- 
ords, contracts  and  papers  and  the  giving  of  testimony  under 
oath.  Said  commission  may  expend  for  expert,  clerical  and 
other  services  and  expenses  the  balance  available  in  item 
0239-00  of  section  two  of  chapter  six  hundred  and  eighty- 
seven  of  the  acts  of  nineteen  hundred  and  fifty-four  and 
such  other  sums  as  may  be  appropriated  therefor.  Said 
commission  shall  report  to  the  general  court  the  results  of 
its  investigation  and  study  and  its  recommendations,  if  any, 
together  with  drafts  of  legislation  necessary  to  carry  such 
recommendations  into  effect,  by  filing  the  same  with  the 
clerk  of  the  house  of  representatives  from  time  to  time  and 
by  filing  a  final  report  on  or  before  the  setiond  Monday  of 
June  in  the  year  nineteen  hundred  and  fifty-six. 

Approved  August  SO,  1955. 

Chap.lZ5  Resolve  providing  for  an  investigation  and  study  by 

THE  legislative  RESEARCH  COUNCIL  RELATIVE  TO  IN- 
CREASING STATE  AID  FOR  SCHOOLS,  AND  RELATIVE  TO 
AUTHORIZING  TOWNS  TO  APPROPRIATE  MONEY  FOR  THE 
PAYMENT  OF  PREMIUMS  FOR  GROUP  ACCIDENT  AND  SICK- 
NESS  INSURANCE    FOR   ITS   PERMANENT   EMPLOYEES. 

Resolved,  That  the  legislative  research  council  is  hereby 
authorized  and  directed  to  make  an  investigation  and 
study  relative  to  increasing  state  aid  for  schools.  In  the 
course  of  its  investigation  and  study  said  council  shall 
consider  the  subject  matter  of  current  senate  documents 
numbered  232  and  241,  and  current  house  documents  num- 


Resolves,  1955. —  Chaps.  136,  137.  971 

bered  15,  128,  129,  532,  533,  1050,  1052,  1054,  1055,  1056, 
1567,  1809,  1817,  2038,  2041,  2042,  2045  and  2047,  all  con- 
tained in  current  senate  document  numbered  822.  Said 
legislative  research  council  is  also  authorized  and  directed 
to  make  an  investigation  and  study  relative  to  authorizing 
towns  to  appropriate  money  for  the  payment  of  premiums  for 
group  accident  and  sickness  insurance  for  its  permanent 
emploj^'ees.  In  the  course  of  its  investigation  and  stud}''  said 
council  shall  consider  the  subject  matter  of  current  senate 
resolve  numbered  843.  Said  council  shall  report  to  the  gen- 
eral court  the  results  of  its  investigation  and  study  by  filing 
the  same  with  the  clerk  of  the  senate  not  later  than  the 
second  Wednesday  in  November  of  the  current  year. 

Approved  August  31,  1955. 

Resolve   reviving   and   continuing   the   special   com-  ChavAZQ 

MISSION  established  FOR  THE  PURPOSE  OF  MAKING  AN 
investigation  and  study  relative  to  THE  ERECTION 
OF  A  STEEL  MILL  OR  MILLS  AND  AN  ALUMINUM  MILL  OR 
MILLS   WITHIN   THE    COMMONWEALTH. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  one  hundred  and  fifteen  of  the  tesolves  of  nine- 
teen hundred  and  fifty-four  is  hereby  revi  v^ed  and  continued 
for  the  purpose  of  continuing  its  investigation  and  study  of 
the  possibility  of  development  of  the  steel  and  aluminum 
industries,  including  a  steel  mill  or  mills,  and  an  aluminum 
mill  or  mills,  within  the  commonwealth.  Said  commission 
shall,  in  the  course  of  its  investigation  and  study,  consider 
the  subject  matter  of  so  much  of  house  document  num- 
bered 2375  of  1954,  as  relates  to  the  erection  of  a  steel  mill 
in  the  commonwealth.  Said  commission  shall  be  provided 
with  quarters  in  the  state  house  or  elsewhere,  may  hold 
hearings,  may  travel  within  or  without  the  commonwealth 
and  may  expend  for  legal,  clerical  and  other  assistance  the 
balance  available  in  item  0255-03  of  section  2  of  chapter 
687  of  the  acts  of  1954  and  such  other  sums  as  may  be  ap- 
propriated therefor.  Said  commission  shall  report  to  the 
general  court  the  results  of  its  investigation  and  study,  and 
its  recommendations,  if  any,  together  with  drafts  of  legisla- 
tion necessary  to  carry  said  recommendations  into  effect, 
by  filing  the  same  with  the  clerk  of  the  house  of  representa- 
tives not  later  than  the  thirty-first  day  of  October,  nineteen 
hundred  and  fifty-five.  Approved  September  1,  1955. 

Resolve  providing  for  an  investigation  and  study  by  Chav  137 
A  special  commission  of  the  relation  between  juve- 
nile delinquency  and  the  distribution  and  sale  of 
publications  portraying  crime,   obscenity  and  vio- 
lence. 

Whereas,  The  problem  of  delinquency  among  juveniles  is 
increasingly  a  crucial  one  in  this  commonwealth,  as  else- 
where; therefore  be  it 


Resolves,  1955.  —  Chap.  137. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  eight  persons  to  be 
appointed  by  the  governor,  three  of  whom  shall  be  members 
of  the  clergy  and  shall  represent  the  Catholic,  Protestant 
and  Jewish  faiths,  respectively,  one  of  whom  shall  be  a  child 
psychiatrist,  one  a  child  psychologist  and  one  a  teacher  ex- 
perienced in  student  counseling,  is  hereby  established  for  the 
purpose  of  making  an  investigation  and  study  of  the  relation 
between  juvenile  delinquency  and  the  distribution  and  sale 
of  publications  portraying  crime,  obscenity  or  horror,  includ- 
ing magazines  of  the  so-called  clip  and  pocket  variety,  comic 
books  and  other  publications  of  a  similar  nature.  Said  com- 
mission in  the  course  of  its  investigation  and  study  shall 
consider,  but  shall  not  be  restricted  to,  the  following  mat- 
ters:— 

1.  The  effect  upon  juveniles  of  such  publications; 

2.  The  extent  of  the  sale  and  consumption  of  publications 
which  contain  reading  matter  of  an  obscene  or  suggestive 
nature,  or  which  portray  in  photograph  or  cartoon  obscene 
or  indecent  acts  or  situations,  or  which  contain  pornographic 
material,  or  which  depict  or  explain  methods  of  iiiflicting 
bodily  injury  or  of  committing  crimes,  or  which  emphasize 
brutality,  violence  or  crime; 

3.  The  pro\'isions  of  sections  twenty-eight  to  twenty- 
eight  H,  inclusive,  of  chapter  two  hundred  and  seventy-two 
of  the  General  Laws  applicable  to  such  pubhcations  and 
their  effectiveness;  and 

4.  The  effectiveness  of  the  code  promulgated  by  the 
Comics  Magazine  Association  of  America,  Inc. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  administer 
oaths,  require  by  summons  the  attendance  and  testimony  of 
witnesses  and  the  production  of  books  and  papers,  may 
travel  within  and  without  the  commonwealth,  and  may  ex- 
pend therefor  and  for  legal,  technical,  clerical  and  other 
services  and  expenses  such  sums  as  may  be  appropriated 
therefor. 

Said  commission  shall  report  to  the  general  court  the 
result  of  its  investigation  and  study  and  its  recommenda- 
tions, if  any,  together  ^dth  drafts  of  legislation  necessary 
to  carry  its  recommendations  into  effect  by  filing  the  same 
mth  the  clerk  of  the  house  of  representatives  at  such  time 
or  times  as  it  may  deem  desirable,  and  in  any  event,  shall 
file  a  final  report  not  later  than  the  first  Wednesday  of 
December  of  the  current  year. 

Approved  September  6,  1956. 


Resolves,  1955.  —  Chaps.  138,  139,  140.  973 


Resolve  relative  to  the  relief  of  flood  conditions  nhn^  1S8 

IN   THE   city   of   WALTHAM.  ^' 

Resolved,  That  the  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  make  a  study  of  drainage 
conditions  of  Chester  brook  and  Beaver  brook,  so  called,  in 
the  city  of  Waltham  with  particular  reference  to  their  cross- 
ing of  land  of  the  said  commission  and  draining  into  the 
Charles  river,  for  the  purpose  of  determining  what  action 
may  be  taken  to  reheve  future  flood  conditions  in  the  area 
drained  by  said  brooks.  Approved  September  9,  1955. 

Resolve  increasing  the  scope  of  the  special  commis-  nhnj^  139 

SION    TO    MAKE    AN    INVESTIGATION    AND    STUDY    RELATIVE  ^' 

TO  PROCURING  A  STEEL  MILL  AND  ATOMIC  PLANTS  WITHIN 
THE    COMMONWEALTH. 

Resolved,  That  the  special  unpaid  commission  on  pro- 
curing a  steel  mill  and  atomic  plants  within  the  common- 
wealth, estabhshed  by  chapter  eighty-eight  of  the  resolves 
of  the  current  year,  shall,  in  making  its  investigation  and 
study,  consider  the  subject  matter  of  current  house  docu- 
ment numbered  3109,  relative  to  co-ordinating  development 
and  regulatory  activities  relating  to  the  peaceful  uses  of 
atomic  energy.  Approved  September  9,  1955. 

Resolve  reviving  and  continuing  the  unpaid  special  Chav-^-^O 

COMMISSION  ESTABLISHED  TO  STUDY  AND  REVISE  THE  LAWS 
RELATING   TO    INDUSTRIAL   HOMEWORK. 

Resolved,  That  the  unpaid  special  commission  established 
by  chapter  one  hundred  of  the  resolves  of  nineteen  hundred 
and  fifty-four,  and  revived  and  continued  by  chapter  ninety- 
eight  of  the  resolves  of  nineteen  hundred  and  fifty-five,  is 
hereby  further  revived  and  continued  for  the  purpose  of  con- 
tinuing its  survey  and  study  of  the  laws  of  the  conmion- 
wealth  relating  to  industrial  homework,  with  a  view  to  the 
revision  and  codification  of  said  laws  and  to  the  recommend- 
ing of  such  changes  therein  and  additions  thereto  as  may 
appear  necessary  or  desirable.  Said  commission  shall  hold 
hearings,  shall  be  provided  with  quarters  in  the  state  house 
or  elsewhere,  and  may  expend  for  expenses  and  legal,  clerical 
and  other  assistance  the  unexpended  balance  of  the  amount 
appropriated  in  item  0255-08  of  section  two  of  chapter  six 
hundred  and  eighty-seven  of  the  acts  of  nineteen  hundred 
and  fifty-four  and  such  sums  as  may  be  appropriated  therefor. 
Said  commission  shall  report  to  the  general  court  the  re- 
sults of  its  survey  and  study,  and  its  recommendations,  if 
any,  together  with  drafts  of  legislation  necessary  to  carry 
said  recommendations  into  effect,  by  fifing  the  same  with 
the  clerk  of  the  house  of  representatives  not  later  than  the 
third  Wednesday  in  March,  nineteen  hundred  and  fifty-six. 

Approved  September  9,  1955. 


974  Resolves,  1955.  —  Chaps.  141,  142. 


Chap. 141  Resolve  increasing  the  scope  of  the  special  com- 
mission ESTABLISHED  TO  INVESTIGATE  AND  STUDY  THE 
FEASIBILITY  OF  ESTABLISHING  A  SOUTHEASTERN  MASSA- 
CHUSETTS  WATER   DISTRICT. 

Resolved,  That  the  unpaid  special  commission,  estabhshed 
by  chapter  fifty-four  of  the  resolves  of  nineteen  hundred  and 
fifty-one  and  most  recently  revived  and  continued  by  chap- 
ter seventy-one  of  the  resolves  of  nineteen  hundred  and 
fifty-four,  to  investigate  and  study  the  advisability  and 
feasibility  of  establishing  a  Southeastern  Massachusetts 
Water  District,  and  certain  related  matters,  shall,  in  the 
course  of  its  investigation  and  study  consider  the  subject 
matter  of  current  senate  document  numbered  860,  a  report 
of  the  metropolitan  district  commission  relative  to  the  ad- 
visabihty  and  feasibility  of  constructing  as  a  part  of  the 
metropolitan  water  system  extensions  of  its  water  dis- 
tributing mains  into  the  cities  and  towns  of  Plymouth  and 
Bristol  counties.  Approved  September  9,  1955. 


Chap.l4:2  Resolve  establishing  an  unpaid  special  commission 
to  make  a  survey  of  certain  dams,  dam  sites  and 
reservoirs  in  the  commonwealth  with  a  view  to 
providing  proper  flood  control  measures. 

Resolved,  That  an  unpaid  special  commission,  consisting 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  two  persons  to  be 
appointed  by  the  governor,  and  the  director  of  the  division 
of  waterways  in  the  department  of  public  works,  is  hereby 
established  for  the  purpose  of  making  a  survey  and  investi- 
gation of  all  dams  and  dam  sites,  public  and  private,  and  all 
water  reservoirs  within  the  commonwealth  with  a  view  to 
regulating,  improving  and  strengthening  the  same  so  as  to 
ensure  proper  flood  control  measures.  Said  commission  shall 
co-operate  with  and  seek  such  assistance  as  it  may  require 
from  the  United  States  Army  Corps  of  Engineers. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  hearings,  administer 
oaths,  and  may  expend  for  legal,  technical,  clerical  and  other 
services  and  expenses  such  sums  as  may  be  appropriated 
therefor. 

Said  commission  shall  report  to  the  general  court  the  re- 
sult of  its  survey  and  investigation  and  its  recommenda- 
tions, if  any,  together  with  drafts  of  legislation  necessary 
to  carry  said  recommendations  into  effect  by  filing  the  same 
with  the  clerk  of  the  senate  not  later  than  the  last  Wednesday 
of  April  in  the  year  nineteen  hundred  and  fifty-six. 

Approved  September  10,  1955. 


Resolves,  1955.  —  Chaps.  143,  144, 145.  975 

Resolve  authobizing  the  metropolitan  district  com-  fii       -.^o 

MISSION  TO   make   A  STUDY   RELATIVE   TO  THE  MAKING   OF  ^'^^V'^^^ 
improvements   of  PORTIONS   OF  THE   CHARLES  RIVER  AND 
LOUISA   LAKE   IN   MILFORD. 

Resolved,  That  the  metropohtan  district  commission  is 
hereby  authorized  and  directed  to  make  a  study  relative  to 
making  improvements  of  the  Charles  river,  beginning  at  a 
point  at  the  Hopkinton  towTi  line  at  IMilford  and  continuing 
through  the  towns  of  Milford,  Hopedale  and  Bellingham, 
and  of  Louisa  lake  in  said  Milford,  by  cleaning  and  dredging 
the  same  and  by  the  construction  of  such  work  as  may  be 
necessary  to  provide  protection  against  floods.  Said  com- 
mission shall  report  to  the  general  court  the  results  of  its 
study,  and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  such 'recommendations  into 
effect,  by  fihng  the  same  ^vith  the  clerk  of  the  house  of  repre- 
sentatives not  later  than  the  first  Wednesday  of  December 
in  the  current  year.  Approved  September  10,  1965. 


Resolve  authorizing  the  metropolitan  district  com-  Char)  144. 

MISSION   to   make   a   STUDY  RELATIVE   TO   THE   MAKING   OF  ^'^^P'^^^ 
IMPROVEMENTS    OF    THE     CHARLES    RIVER    BETWEEN    THE 
TOWNS    OF   NATICK    AND   WATERTOWN. 

Resolved,  That  the  metropolitan  district  commission  is 
hereby  authorized  and  directed  to  make  a  study  relative  to 
making  improvements  of  the  Charles  river,  beginning  at  the 
dam  in  the  south  part  of  the  town  of  Natick  and  continuing 
through  the  entire  course  of  the  Charles  river  down  to  the 
upper  extremity  of  the  Charles  River  basin  in  the  town  of 
Watertown  and  including  the  so  called  rapids  in  the  city  of 
Newton,  by  cleaning,  dredging  or  any  practicable  or  feasible 
method  that  may  be  necessary  to  provide  protection  against 
the  recurring  floods  in  this  whole  drainage  area.  Said  com- 
mission shall  report  to  the  general  court  the  results  of  its 
study,  and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of  repre- 
sentatives not  later  than  the  first  Wednesday  of  December 
in  the  current  year.  Approved  September  10,  1955. 


Resolve  reviving  and  continuing  the  special  commis-  pi       i^r 

SION  established  to  make  an  investigation  AND  STUDY  ^'^^^V-^^^ 

relative  to  the  state  board  of  retirement. 

Resolved,  That  the  special  unpaid  commission  established 
by  chapter  fifty-three  of  the  resolves  of  the  current  year  is 
hereby  revived  and  continued  for  the  purpose  of  making  a 
survey  and  study  of  the  administration  of  the  state  board  of 
retirement,  with  a  view  to  determining  the  most  efficient 
and  economical  methods  of  administering  said  system.  Said 
commission  shall,  in  the  course  of  its  study,  consider  the  sub- 


976  Resolves,  1955.  —  Chap.  146. 

ject  matter  of  current  senate  document  numbered  504,  rela- 
tive to  the  state  board  of  retirement.  Said  commission  shall 
be  provided  with  quarters  in  the  state  house  or  elsewhere, 
may  hold  hearings,  may  require  by  summons  the  attendance 
and  testimony  by  witnesses  and  the  production  of  books  and 
papers,  may  call  on  state  officials  for  advice  and  assistance, 
may  travel  within  the  commonwealth,  and  may  expend  for 
clerical  and  other  services  and  expenses  such  sums  as  may 
be  appropriated  therefor.  Said  commission  shall  report  to 
the  general  court  the  results  of  its  investigation  and  study, 
and  its  recommendations,  if  any,  together  with  drafts  of 
legislation  necessary  to  carry  its  recommendations  into  effect 
by  filing  the  same  with  the  clerk  of  the  senate  from  time  to 
time  but  not  later  than  the  first  Wednesday  of  December  in 
the  current  year.  Approved  September  10,  1955. 

Chap. 14:Q  Resolve  providing  for  an  investigation  and  study  by 

A  SPECIAL  COMMISSION  RELATIVE  TO  THE  CONSTRUCTION 
OF  AN  ADDITIONAL  VEHICULAR  CROSSING  BETWEEN  BOSTON 
PROPER  AND  BAST  BOSTON  AND  RELATIVE  TO  THE  CREATION 
OF  THE   MASSACHUSETTS    PORT   AUTHORITY. 

Resolved,  That  an  unpaid  special  commission,  to  consist 
of  three  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  seven  members  of  the  house  of  representatives 
to  be  designated  by  the  speaker  thereof,  and  three  persons 
to  be  appointed  by  the  governor,  is  hereby  estabhshed  for 
the  purpose  of  making  an  investigation  and  study  of  the  sub- 
ject matter  of  current  senate  document  numbered  81,  rela- 
tive to  consolidation  of  certain  agencies  of  the  commonwealth 
and  of  current  house  documents  numbered  2983  and  3131, 
relative  to  the  construction  of  an  additional  vehicular  cross- 
ing between  Boston  proper  and  East  Boston;  creating  the 
Massachusetts  Port  Authority  and  defining  its  powers  and 
duties;  providing  for  the  issuance  of  revenue  bonds  of  the 
authority,  payable  solely  from  tolls  and  other  revenues,  for 
financing  such  additional  crossing,  refinancing  the  existing 
tunnel  and  the  Mystic  River  bridge  and  refinancing  and  im- 
proving the  state-owned  airports,  and  Port  of  Boston  fa- 
cilities; providing  for  the  transfer  to  said  authority  of  said 
existing  tunnel,  bridge,  airports  and  port  facilities. 

Said  commission  shall  be  provided  with  quarters  in  the 
state  house  or  elsewhere,  may  hold  public  hearings,  may 
travel  within  and  without  the  commonwealth,  and  may  ex- 
pend for  clerical  and  other  ser\Tices  and  expenses  such  sums 
as  may  be  appropriated  therefor.  Said  commission  shall 
report  to  the  general  court  the  results  of  its  investigation  and 
study,  and  its  recommendations,  if  any,  together  with  drafts 
of  legislation  necessary  to  carry  such  recommendations  into 
effect,  by  filing  the  same  with  the  clerk  of  the  house  of  repre- 
sentatives on  or  before  the  third  Wednesday  of  January  in 
the  year  nineteen  hundred  and  fifty-six. 

Approved  September  10,  1955. 


Resolves,  1955. —  Chap.  147.  977 


Resolve  further  reviving  and  continuing  the  special  n^nj.  147 

COMMISSION  established  TO  INVESTIGATE  THE  EXISTENCE  ^' 

AND    EXTENT    OF    ORGANIZED    CRIME    AND    GAMBLING,    AND 
OTHER   RELATED   MATTERS,    WITHIN   THE   COMMONWEALTH. 

Resolved,  That  the  unpaid  special  commission,  established 
by  chapter  one  hundred  of  the  resolves  of  nineteen  hundred 
and  fifty-three,  and  most  recently  revived  and  continued  by 
chapter  nine  of  the  resolves  of  nineteen  hundred  and  fifty- 
five,  is  hereby  revived  and  further  continued  for  the  purpose 
of  continuing  its  investigation  of  the  existence  and  extent  of 
organized  crime  and  gambling,  and  other  related  matters  as 
provided  in  said  chapter,  within  the  commonwealth. 

The  membership  of  said  commission  shall  be  reconstituted 
either  with  the  same  or  different  personnel,  and  shall  consist 
of  two  members  of  the  senate  to  be  designated  by  the  presi- 
dent thereof,  three  members  of  the  house  of  representatives 
to  be  desigiiated  by  the  speaker  thereof,  five  persons,  none  of 
whom  shall  hold  either  elective  or  appointive  political  office, 
to  be  appointed  by  the  governor,  one  of  whom  shall  be  desig- 
nated by  him  as  chairman,  all  members  of  said  commission  to 
be  chosen  as  nearly  as  may  be  on  a  bi-partisan  political  basis. 

Said  commission  may  request  the  commissioner  of  public 
safety  to  assist  it  in  its  investigation,  and  he  shall  furnish 
such  information  in  his  possession  as  requested,  and  assign 
such  assistants  and  investigators  as  may  be  requested,  and 
said  commission  may  require  co-operation  from  all  agencies 
of  state  and  local  governments.  Said  commission  may  em- 
ploy such  legal,  expert,  clerical  and  other  assistants  as  it 
deems  necessary. 

Said  commission  may  require  by  summons  the  attendance 
and  testimony  of  witnesses  and  the  production  of  books  and 
papers  before  it  relating  to  any  matter  investigated  by  it  in 
pursuance  of  this  resolve.  Such  a  summons  may  be  issued  by 
the  commission  upon  a  vote  of  said  commission  or  pursuant 
to  rules  of  procedure  adopted  by  said  commission,  and  shall 
be  served  in  the  same  manner  as  summonses  for  witnesses  in 
criminal  cases  issued  in  behalf  of  the  commonwealth,  and  all 
provisions  of  law  relative  to  summonses  issued  in  such  cases 
shall  apply  to  summonses  issued  under  authority  of  this  re- 
solve, so  far  as  they  are  applicable.  Such  witnesses  shall, 
before  testifying,  be  sworn. 

Any  justice  of  the  supreme  judicial  or  of  the  superior  court 
may,  upon  petition  or  informal  application  of  the  commis- 
sion, summarily  compel  the  attendance  of  witnesses  sum- 
moned as  aforesaid  and  the  giving  of  testimony  in  further- 
ance of  any  investigation  under  this  resolve.  Such  justice 
may  by  order  compel  the  giving  of  such  testimony  before  the 
commission,  or  may  compel  any  witness  to  answer  before  the 
court  any  questions  theretofore  put  to  such  witness  by  the 
commission,  and  any  other  questions  relative  to  any  investi- 
gation under  this  resolve.  In  the  event  that  such  justice  shall 
compel  the  giving  of  testimony  before  the  court,  he  may, 


978  Resolves,  1955. —  Chap.  148. 

upon  application  of  the  commission,  order  that  the  pubHc  be 
excluded  from  such  sitting  of  the  court  and  may  impound  all 
papers  and  documents  relating  thereto. 

No  person  shall  be  excused  from  attending  and  testifying 
in  the  course  of  such  investigation,  or  from  producing  any 
books,  papers  or  documents,  on  the  ground  that  his  testimony 
or  evidence,  documentary  or  otherwise,  may  tend  to  crimi- 
nate him  or  subject  him  to  a  penalty  or  forfeiture;  but  he 
shall  not  be  prosecuted  or  subjected  to  penalty  or  forfeiture 
for  or  on  account  of  any  action,  matter  or  thing  concerning 
which  he  may  be  required  to  testify  or  produce  evidence, 
documentary  or  otherwise,  in  the  course  of  such  investiga- 
tion, except  for  perjury  committed  in  such  testimony. 

The  taking  of  motion  pictures  or  broadcasting  by  radio  or 
television  of  any  proceeding  in  connection  with  any  meeting 
or  hearing  of  said  commission  is  hereby  prohibited. 

The  commission  shall  report  to  the  legislature  and  forward 
information  to  the  attorney  general  and  appropriate  enforce- 
ment officials  not  less  than  semi-annually.  For  the  purposes 
of  such  investigation,  said  commission  may  expend  the  un- 
expended balance  of  any  amount  heretofore  appropriated  or 
transferred  to  it  for  the  purposes  of  its  work,  and  the  addi- 
tional sum  of  one  hundred  thousand  dollars  which  is  hereby 
appropriated  therefor.  Said  commission  shall  from  time  to 
time  refer  to  the  attorney  general  and  the  appropriate  law 
enforcement  agencies  for  presentation  to  a  grand  jury  any 
results  of  its  investigation  which  it  feels  warrants  action  by 
said  officials.  Said  commission  is  hereby  further  directed  to 
report  to  the  general  court  the  results  of  its  investigations 
and  its  recommendations,  if  any,  together  with  drafts  of  leg- 
islation necessary  to  carry  such  recommendations  into  effect, 
by  filing  the  same  with  the  clerk  of  the  senate  from  time  to 
time,  but  not  later  than  the  last  Wednesday  in  March,  nine- 
teen hundred  and  fifty-seven. 

Approved  Septemher  16,  1955. 


Chap. 148  Resolve  providing  for  an  investigation  by  the  judicial 

COUNCIL  relative  TO  MAKING  MANDATORY  CERTAIN  SEN- 
TENCES FOR  SECOND  CONVICTIONS  OF  CERTAIN  GAMBLING 
CRIMES. 

Resolved,  That  the  judicial  council  be  requested  to  in- 
vestigate the  subject  matter  of  Appendix  D  of  current  sen- 
ate document  numbered  five  hundred  and  ninety,  relative 
to  making  mandatory  certain  sentences  for  second  convic- 
tions of  certain  gambling  crimes,  and  to  include  its  conclu- 
sions and  its  recommendations,  if  any,  in  relation  thereto, 
with  drafts  of  such  legislation  as  may  be  necessary  to  give 
effect  to  the  same,  in  its  annual  report  for  the  current  year. 

Approved  September  16,  1955. 


Resolves,  1955.  —  Chap.  149.  979 

Resolve  providing  for  the  reimbursement  of  property  pi        -.  ^q 

OWNERS    AND    ABUTTERS    IN    THE    CITIES    OF    CHELSEA    AND   ^''^^P'^^^ 
REVERE  FOR  DAMAGES  CAUSED  BY  THE  DUMPING  OF  SEWER- 
AGE    INTO     THE     CHELSEA     CREEK,     MILL     CREEK,     MYSTIC 
RIVER   AND    CHELSEA    RIVER. 

Resolved,  That,  for  the  purpose  of  discharging  a  moral  ob- 
Hgation,  the  metropoHtan  district  commission  is  hereby  au- 
thorized and  directed  to  reimburse  the  property  owners  and 
abutters  in  the  cities  of  Chelsea  and  Revere  for  damages 
caused  by  the  dumping  of  sewerage  into  the  Chelsea  Creek, 
Mill  Creek,  Mystic  river  and  Chelsea  river.  For  the  pur- 
pose of  carrying  out  the  provisions  of  this  resolve,  said  com- 
mission may  expend  such  sums  as  may  be  appropriated 
therefor.  Approved  September  16,  1955. 


980  Acts  and  Resolves  Approved,  etc. 

NUMBER  OF  ACTS  AND  RESOLVES  APPROVED, 
APPROVAL  WITHHELD,  ACTS  AND  RESOLVE 
VETOED  BY  THE  GOVERNOR,  AND  ACTS 
DECLARED  EMERGENCY  LAWS  BY  THE 
GOVERNOR  UNDER  AUTHORITY  OF  THE 
CONSTITUTION. 


The  general  court,  during  its  first  annual  session  held  in 
1955,  passed  782  Acts  and  149  Resolves,  which  received  ex- 
ecutive approval,  and  2  Acts  from  which  executive  approval 
was  withheld  but  have  become  law  by  virtue  of  chapter  I,  sec- 
tion I,  Article  II  of  the  Constitution  of  the  Commonwealth. 

The  governor  returned  7  Acts  and  1  Resolve  with  his 
objections  thereto  in  writing.  Upon  7  Acts  and  1  Resolve  his 
objections  were  sustained. 

Two  (2)  Acts  entitled,  respectively,  "An  Act  repeahng  cer- 
tain special  acts  relative  to  school  appropriations  in  the  city 
of  Lynn"  (Chapter  250)  and  "An  Act  providing  for  the  pay- 
ment of  an  annuity  by  Plymouth  county  to  Theodore  W. 
Bisbee,  special  justice  of  the  third  district  court  of  Plymouth 
county"  (Chapter  729)  were  passed,  but  failed  to  receive 
executive  approval;  as,  however,  they  were  not  returned, 
with  objections  thereto,  within  five  days  after  they  had  been 
received  in  the  executive  department,  the  general  court  not 
having  been  prorogued  in  the  meantime,  said  acts  have  the 
force  of  law,  under  the  provisions  of  the  Constitution  govern- 
ing such  cases,  and  have  been  so  certified. 

Seven  (7)  Acts  entitled,  respectively,  "An  Act  relative  to 
rent  control";  "An  Act  relative  to  the  membership  of  the 
public  utilities  commission";  "An  Act  providing  a  penalty 
for  the  acceptance  of  Hquors  by  minors";  "An  Act  increas- 
ing the  compensation  of  the  members  of  the  police  depart- 
ment of  the  city  of  Boston";  "An  Act  increasing  the  salaries 
of  employees  in  the  service  of  the  commonwealth";  "An 
Act  authorizing  the  retirement  board  of  the  city  of  Salem 
to  increase  the  retirement  allowance  of  Henry  Letourneau"; 
"An  Act  authorizing  the  city  of  Springfield  to  pay  an  an- 
nuity to  the  widow  of  Michael  J.  Curley";  and  one  (1) 
Resolve  entitled  "Resolve  in  favor  of  John  M.  Ganley  of 
Pittsfield"  were  passed  and  laid  before  the  governor  for  his 
approval;  were  returned  by  him  with  his  objections  thereto, 
to  the  branch  in  which  they  respectively  originated;  were 
reconsidered,  and  the  vote  being  taken  on  their  passage,  the 
objections  of  the  governor  thereto  notwithstanding,  they 
were  rejected,  and  said  acts  and  resolve  thereby  became 
void. 

Eleven  (11)  Acts  entitled,  respectively,  "An  Act  increas- 
ing 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" 


Acts  and  Resolves  Approved,  etc.         981 

(Chapter  267);  "An  Act  authorizing  the  sale  of  live  bait  on 
the  Lord's  day"  (Chapter  304);  "An  Act  including  the 
Japanese  beetle  and  pine  looper  as  a  public  nuisance"  (Chap- 
ter 340);  "An  Act  providing  for  contributory  group  life, 
accident,  hospitahzation,  medical  and  surgical  insurance  for 
persons  in  the  service  of  the  commonwealth"  (Chapter  628); 
"An  Act  relative  to  housing  for  certain  elderly  persons,  and 
persons  living  in  substandard  housing"  (Chapter  641);  "An 
Act  relative  to  the  revocation  of  hunting,  fishing  and  trap- 
ping hcenses"  (Chapter  647);  "An  Act  authorizing  the 
miUtary  reservation  commission  to  sell  or  transfer  certain 
land  of  the  commonwealth  situated  in  Barnstable  county" 
(Chapter  665);  "An  Act  extending  certain  powers  of  acquir- 
ing land  to  the  commissioner  of  natural  resources"  (Chapter 
672);  "An  Act  to  provide  funds  for  state  activities  by  con- 
tinuing certain  taxes"  (Chapter  707);  "An  Act  revising  cer- 
tain statutory  salaries"  (Chapter  730)  and  "An  Act  extend- 
ing to  certain  persons  the  privilege  of  becoming  registered 
as  physical  therapists"  (Chapter  758)  were  declared  to  be 
emergency  laws  by  the  governor  in  accordance  with  the  pro- 
visions of  the  forty-eighth  amendment  to  the  Constitution 
"The  Referendum.  IL  Emergency  Measures".  Said  Chap- 
ter 267  thereby  took  effect  at  3.45  p.m.  on  May  5,  1955; 
said  Chapter  304  at  3.00  p.m.  on  April  22,  1955;  said  Chap- 
ter 340  at  4.45  p.m.  on  June  2,  1955;  said  Chapter  628  at 
10.45  A.M.  on  October  14,  1955;  said  Chapter  641  at4.15p.M. 
on  August  8,  1955;  said  Chapter  647  at  3.18  p.m.  on  Septem- 
ber 7,  1955;  said  Chapter  665  at  10.55  a.m.  on  August  17, 
1955;  said  Chapter  672  at  3.45  p.m.  on  September  1,  1955; 
said  Chapter  707  at  2.05  p.m.  on  August  24,  1955;  said 
Chapter  730  at  5.15  p.m.  on  September  9,  1955  and  said 
Chapter  758  at  12.30  p.m.  on  September  14,  1955. 

The  general  court  was  prorogued  on  Friday,  September 
16,  1955,  at  four  minutes  before  five  o'clock,  a.m.,  the  session 
having  occupied  255  days. 


APPENDIX 


The  following  table  and  indexes  have  been  prepared  by  Thomas  R. 
Bateman,  Esq.,  and  Frederick  B.  Willis,  Esq.,  counsel,  respectively, 
to  the  Senate  and  House  of  Representatives,  in  accordance  with  section 
fifty-one  of  chapter  three  of  the  General  Laws,  as  amended. 


TABLE 


TO  WHAT  EXTENT  THE  GENERAL  LAWS  OF  THE  COMMON- 
WEALTH,   AS    APPEARING    IN    THE    TERCENTENARY 
EDITION,  HAVE  BEEN  AFFECTED  BY  LEGISLATION 
ENACTED    BY    THE    GENERAL    COURT    SINCE 
JANUARY     FIRST,     NINETEEN     HUNDRED 
AND  THIRTY-TWO.*  t 


Chapter  1.  —  Jurisdiction  of  the  Commonwealth  and  of  the  United  States. 

Sect.  3  revised,  1933,  278  §  1. 

Chapter  2.  —  Arms,  Great  Seal  and  Other  Emblems  of  the  Commonwealth. 

Sect.  7,  sentence  added  at  end,  1953,  245. 

Sect.  8  added,  1941,  121  (designating  the  American  elm  as  the  state 
tree) . 
Sect.  9  added,  1941,  121  (designating  the  Chickadee  as  the  state  bird). 

Chapter  3.  —  The  General  Court. 

Sect.  1  revised,  1946,  130  §  1. 

Sect.  5  amended,  1937,  364  §  1;   1939,  508  §  1. 

Sect.  6  revised,  1937,  364  §  2;  amended,  1939,  424  §  1;  repealed, 
1943,  549  §  2.    (See  1939,  424  §  3.) 

Sect.  6A  added,  1939,  424  §  2  (imposing  restrictions  on  the  granting 
of  authoritv  to  use  the  designation  of  junior  college) ;  repealed,  1943, 
549  §  2.    (See  1939,  424  §  3.) 

Sect.  7  revised,  1937,  364  §  3;  first  sentence  amended,  1943,  549  §  2A. 

Sect.  9  revised,  1937,  236  §  1;  1941,  307  §  1;  amended,  1941,  600  §  1; 
revised,  1945,  38  §  1.    (See  1941,  307  §  2;   1941,  600  §  2.) 

Sect.  9  stricken  out  and  sections  9  and  9A  (relative  to  payment  of 
allowances  for  travel  and  other  expenses  to  members  of  the  general 
court)  inserted,  1945,  248  §  1.    (See  1945,  248  §§  4,  5.) 

Sect.  9,  first  two  sentences  amended,  1948,  655  §  1;  revised,  1949, 
784  §  1;  two  sentences  inserted  after  second  sentence,  1949,  801  §  1; 
third  sentence  amended,  1950,  247  §  1;  first  four  sentences  revised,  1951, 
803  §  1;  last  sentence  revised,  1953,  171.  (See  1948,  655  §§  3,  4;  1949, 
784  §  3,  801  §  2;   1950,  247  §  2;   1951,  803  §  2.) 

Sect.  9A  repealed.  1952,  635  §  1. 

Sect.  9B  added,  1953,  263  §  1  (relative  to  travel  and  expense  allow- 
ances for  members  of  the  general  court). 

•  For  table  showing  changes  in  legislation  made  during  the  years  1921  to  1931, 
inclusive,  see  Table  of  Changes  contained  in  pages  485-597  of  the  Acts  and  Resolves, 
of  1932. 

t  References  in  this  table  are  to  the  Tercentenary  Edition  of  the  General  Laws, 
as  most  recently  amended,  unless  otherwise  specified. 


986  Changes  in  the  [Chap.  4. 

Sect.  10  amended,  1945,  38  §  2;  revised,  1945,  248  §  2;  1948,  655  §  2; 
1949,  784  §  2;  amended,  1951,  803  §  lA;  1952,  635  §  3.  (See  1945,  248 
§§  4,  5;   1948,  655  §§  3,  4;   1949,  784  §  3;   1951,  803  §  2.) 

Sect.  11  repealed,  1937,  236  §  2. 

Sect.  12  revised,  1937,  360  §  1;  1943,  260  §  1.  (See  1937,  360  §§  3-5; 
1943,  260  §  3.) 

Sect.  12 A  added,  1952,  3  (authorizing  the  use  of  facsimiles  of  the 
signatures  of  the  clerks  of  the  senate  and  house  of  representatives  in 
certain  cases). 

Sect.  13  revised,  1937,  360  §  2;  amended,  1941,  230;  revised,  1943, 
260  §  2.    (See  1937,  260  §§3-5;  1943,  260  §  3.) 

Sect.  14  revised,  1948,  139. 

Sect.  15  revised,  1945,  421  §  1;  paragraph  added  at  end,  1949, 
806  §  1.    (See  1945,  421  §  5.) 

Sect.  16  revised,  1949,  806  §  2. 

Sect.  18  amended,  1941,  433  §  1;  1943,  104;  revised,  1945,  421  §  2. 
(See  1941,  433  §  4;   1945,  421  §  5.) 

Sect.  19  amended,  1935,  210;   1949,  806  §  3;   1955,  782. 

Sect.  20  revised,  1939,  508  §  2;  amended,  1941,  433  §  2;  1945,  38 
§  3;  421  §  4;  revised,  1945,  488  §  1;  1952,  572  §  1;  repealed,  1952, 
635  §  2.    (See  1941,  433  §  4;   1945,  421  §  5;  488  §§  2,  3;  1952,  572  §  2.) 

Sect.  20A  added,  1937,  189  (relative  to  the  purchase  of  uniforms  for 
the  sergeant-at-arms,  doorkeepers,  assistant  doorkeepers,  general  court 
officers  and  pages  of  the  general  court). 

Sect.  21  revised,  1945,  421  §  3.    (See  1945,  421  §  5.) 

Sect.  22  amended,  1939,  508  §  3. 

Sect.  23  revised,  1941,  347. 

Sect.  28 A  added,  1954,  454  (providing  a  penalty  for  refusal  to  appear 
and  testify  before  the  General  Court  or  a  committee  or  commission 
thereof  in  certain  cases) . 

Sect.  32A  added,  1950,  808  §  1  (relative  to  travel  expenses  of  certain 
special  commissions  and  committees).    (See  1950,  808  §  2.) 

Sect.  46  amended,  1939,  508  §  4. 

Sect.  47  amended,  1939,  508  §  5. 

Sect.  49  amended,  1939,  508  §  6. 

Sect.  51  amended,  1939,  508  §  7. 

Sect.  53  revised,  1939,  376  §  1.    (See  1939,  376  §  2.) 

Sects.  56-61  added,  1954,  607  §  2  (establishing  a  legislative  research 
council  and  legislative  research  bureau). 

Sect.  58  amended,  1955,  137. 

Sect.  60,  two  sentences  added  at  end,  1955,  579. 

Chapter  4.  —  Statutes. 

Sect.  4A  added,  1952,  223  (permitting  certain  towns  to  revoke  their 
acceptance  of  certain  special  acts). 

Sect.  5  revised,  1935,  69. 

Sect.  7,  clause  Third  revised,  1951,  215  §  1;  clause  Ninth  revised, 
1941,  509  §  1;  1945,  242  §  1;  637  §  1;  clause  Eighteenth  amended, 
1934,  283;  1935,  26;  1936,  180;  1937,  38;  1938,  245;  1941,  91  §  1; 
1946,  190;  1948,  241;  1954,  128  §  1;  1955,  99  §  1;  clause  Forty-second 
stricken  out,  1953,  319  §  2;  clause  Forty-third  added,  1954,  627  §  1; 
amended,  1955,  403  §  1;     clause  Forty-fourth  added,  1955,  683.      (See 


Chaps.  5,  6.]  GENERAL  LaWS.  987 

1941,  509  §  9;  1945,  279;  1953,  319  §§  39,  40;  1954,  128  §  2,  627  §§  65, 
67;   1955,  99  §  2,  342,  403  §§  7-14.) 
Sect.  10,  first  sentence  amended,  1954,  180. 

Chapter  5.  —  Printing  and  Distribution  of  Laws  and  Public  Documents. 

As  to  the  distribution  of  the  Tercentenary  Edition  of  the  General 
Laws,  see  1941,  Resolve  19. 

Sect,  1,  last  paragraph  revised,  1932,  254;  two  paragraphs  added  at 
end.  1937,  373;  section  revised,  1938,  419;  amended,  ]941,  428;  first 
paragraph  amended,  1945,  580  §  1 ;  last  five  paragraphs  stricken  out  and 
six  paragraphs  inserted,  1955,  614.     (See  1945,  580  §  9.) 

Sect  2,  paragraphs  (4)  and  (6)  revised,  1939,  508  §  8;   1945,  252. 

Sect.  3,  paragraph  in  lines  10-11  revised,  1947,  320  §  1;  paragraphs 
in  lines  12-42  amended,  1938,  196;  second  of  said  paragraphs  amended, 
1941,  351  §  1;  1947,  320  §  2;  paragraph  in  lines  52-62  amended,  1953, 
319  §  3;  paragraphs  in  fines  63-68  revised,  1947,  320  §  1. 

Sect.  4,  second  paragraph  amended,  1953,  319  §  4. 

Sect.  4A  added,  1947,  569  (providing  for  the  printing  and  distribu- 
tion of  a  cumulative  table  of  changes  in  the  general  statutes  from  time 
to  time  during  the  session  of  the  general  court) . 

Sect.  6  amended,  1939,  508  §  9;  revised,  1943,  344  §  1;  amended, 
1945,  580  §  2.    (See  1945,  580  §  9.) 

Sect.  8  amended,  1945,  580  §  3.    (See  1945,  580  §  9.) 

Sect.  9  amended,  1933,  245  §  1;  1946,  209  §  1;  1951,  68, 474;  1953,  22. 

Sect.  10  revised,  1939,  508  §  10;  first  paragraph  amended,  1945, 
38  §4. 

Sect.  11,  paragraph  in  thirteenth  line  revised,  1941,  329;  paragraph 
in  lines  14-31  stricken  out,  and  two  paragraphs  inserted,  1945,  538; 
section  amended,  1947,  295. 

Sect.  12  amended,  1948,  1;   1952,  179. 

Sect.  18  amended,  1935,  226  §  1;  revised,  1943,  313;  amended,  1946, 
466;  sentence  added  at  end,  1950,  811. 

Chapter   6.  —  The   Governor,   Lieutenant   Governor   and   Council,    Certain 
Officers  under  the  Governor  and  Council,  and  State  Library. 

For  temporary  legislation  establishing  an  emergency  finance  board 
and  defining  its  powers  and  duties,  see  1933,  49. 

Sect.  1  amended,  1946,  591  §  1. 

Sect.  2  amended,  1946,  591  §  2;  1949,  722;  1955, 730  §  1.  (See  1955, 
730  §  43.) 

Sect.  3  amended,  1943,  314  §  1;  1949,  781  §  1.  (See  1943,  314  §  2; 
1949,  781  §  2.) 

Sect.  6  revised,  1954,  156. 

Sect.  6A  added,  1952,  457  (estabhshing  the  offices  of  administrative 
secretary  and  executive  stenographer  in  the  executive  department). 

Sect.  8  amended,  1941,  722  §  1;  revised.  1943,  348  §  1. 

Sect.  12A  revised,  1954,  661  §  1.    (See  1954,  661  §  2.) 

Sect.  12B  added,  1932,  14  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Brigadier  General  Casimir  Pulaski). 

Sect.  120  added,  1932,  153  (relative  to  the  observance  of  the  anni- 
versary of  the  battle  of  Bunker  Hill).    (See  1941,  91.) 


988  Changes  in  the  [Chap.  6. 

Sect.  12D  added,  1932,  242  (relative  to  the  observance  of  the  anni- 
versary of  the  Boston  Massacre,  etc.). 

Sect.  12E  added,  1934,  191  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  Commodore  John  Barry). 

Sect.  12F  added,  1935,  23  (relative  to  the  observance  of  the  anni- 
versary of  the  battle  of  New  Orleans) ;  amended,  1938,  49. 

Sect.  12G  added,  1935,  96  (providing  for  an  annual  proclamation  by 
the  governor  relative  to  American  Education  Week). 

Sect.  12H  added,  1935,  148  (relative  to  the  observance  of  the  anni- 
versary of  the  death  of  General  Marquis  de  Lafayette). 

Sect.  121  added,  1935,  184  (relative  to  the  annual  observance  of 
Indian  Day);  revised,  1939,  56. 

Sect.  12J  added,  1938,  22  (relative  to  the  annual  observance  of  April 
nineteenth  as  Patriots'  Day). 

Sect.  12K  added,  1938,  80  (relative  to  the  annual  observance  of 
Evacuation  Day,  so  called). 

Sect.  12L  added,  1941,  387  (relative  to  the  annual  observance  of 
Veteran  Firemen's  Muster  Day). 

Sect.  12M  added,  1947,  561  (relative  to  the  annual  observance  of 
Good  Government  Day) ;  revised,  1951,  650. 

Sect.  12N  added,  1949,  75  (relative  to  the  annual  observance  of 
United  Nations  Day;  sentence  added  at  end,  1955,  265  §  1. 

Sect.  120  added,  1949,  263  (relative  to  the  annual  obsei'vance  of 
Loyalty  Day). 

Sect.  12P  added,  1952,  104  (relative  to  the  annual  observance  of 
civil  rights  week). 

Sect.  12Q  added,  1953,  84  (relative  to  the  annual  observance  of  Me- 
morial Day). 

Sect.  12R  added,  1953,  172  (relative  to  the  annual  observance  of 
Polish  Constitution  Day). 

Sect.  12S  added,  1954,  124  (relative  to  the  annual  observance  of 
March  fifteenth  as  Peter  Francisco  Day). 

Sect.  12T  added,  1955,  265  §  2  (relative  to  the  annual  observance  of 
Washington  Day,  Mothers'  Day,  Fathers'  Day,  Purple  Heart  Day, 
Disabled  American  Veterans'  Hospital  Day  and  Army  and  Navy 
Union  Day). 

Sect.  15  amended,  1946,  201. 

Sect.  15A  added,  1953,  170  (relative  to  the  annual  observance  of 
Constitution  Day). 

Sect.  16  amended,  1941,  490  §  1. 

Sect.  17  amended,  1932,  305  §  1;  1933,  120  §  1,  336  §  1;  1934,  374 
§  1;  1935,  475  §  1;  revised,  1939,  393  §  1;  amended,  1945,  393  §  1; 
revised,  1945,  619  §  1;  amended,  1946,  368  §  2;  revised,  1946,  612  §  1; 
amended,  1947,  466  §  1;  513  §  1;  1948,  260  §  2;  revised,  1948,  310  §  1; 
476  §  1;  637  §  1;  amended,  1950,  479  §  1;  1951,  511  §  1;  1952,  605  §  16; 
1953,  409  §  4;  revised,  1953,  608  §  1;  amended,  1953,  612  §  1;  1954, 
581  §  1,  537  §  1;  1955,  584  §  1.  (See  1933,  336  §  3;  1948,  260  §§  5,  6; 
310  §§  30,  31;  476  §§  3,  4;  637  §§  4-9,  13;  663  §  4;  1950,  479  §§  6,  7; 
1952,  605  §§  15,  19-21;  1955,  584  §§  9,  10.) 

Sect.  18  and  heading  stricken  out  and  new  section  inserted,  under 
heading  "armory  commission",  1937,  300  §  1;  sentence  added  at  end, 
1941,  19.    (See  1937,  300  §  2.) 


Chap.  6.]  GENERAL    LawS.  989 

Sect.  22  amended,  1936,  341  §  1;  heading  and  section  amended, 
1943,  455  §  1;  1945,  393  §  2;  paragraph  added  at  end,  1946,  584  §  18; 
section  amended,  1946,  591  §  3;  1950,  705;  paragraph  added  at  end, 
1951,  753  §  2.    (See  1936,  341  §  2;   1946,  584  §  22.) 

Sect.  24  amended,  1941,  596  §  1;   1943,  455  §  2;   1945,  393  §  3. 

Sect.  25  revised,  1945,  730  §  2. 

Sect.  28  amended,  1938,  18;  1947,  315;  1953,  456. 

Sect.  28A  amended,  1934,  208  §  1;   1945,  393  §  4. 

Sect.  28E  added,  1934,  208  §  2  (relative  to  the  dissemination  of  in- 
formation concerning  the  pubHc  bequest  fund). 

Sect.  31  revised,  1943,  479;  amended,  1948,  569. 

Sect.  32,  second  paragraph  amended,  1947,  30  §  1 ;  paragraph  added 
at  end,  1937,  227;  same  paragraph  revised,  1938,  473  §  1;  same  para- 
graph revised,  1943,  43. 

Sect.  42  added,  under  caption  "milk  regulation  board",  1932, 
305  §  2;  revised,  1946,  496;  first  two  sentences  revised,  1953,  604  §  7. 

Sects.  43-45  added,  1933,  120  §  2  (relative  to  the  alcoholic  beverages 
control  commission). 

Sect.  43  amended,  1933,  375  §  1;  next  to  last  sentence  revised,  1950, 
785. 

Sect.  44,  first  paragraph  revised,  1933,  376  §  1. 

Sect.  45  revised,  1941,  596  §  2. 

Sects.  46  and  47  added,  1933,  336  §  2  (relative  to  the  Greylock  reser- 
vation commission).    (See  1933,  336  §  3.) 

Sect.  48  added,  under  caption  "state  racing  commission",  1934, 
374  §  2;  third  paragraph  amended,  1955,  730  §  2;  last  paragraph  re- 
vised, 1941,  596  §  3.    (See  1955,  730  §  43.) 

Sects.  49-52  added,  under  caption  "state  planning  board",  1935, 
475  §  2. 

Sect.  49  amended,  1936,  307;  1939,  451  §  1;  revised,  1941,  466  §  5; 
sentence  inserted  after  fourth  sentence,  1951,  596.  (See  1941,  466  §§  1-4, 
7A.  8.) 

Sect.  50A  added,  1941,  466  §  7  (relative  to  the  powers  and  duties  of 
the  state  planning  board  formerly  exercised  by  the  metropolitan  plan- 
ning division).    (See  1941,  466  §§  1-4,  7A,  8.) 

Sects.  49-52  repealed,  1953,  409  §  2. 

Sects.  53-55  added,  1945,  619  §  2  (establishing  a  Port  of  Boston 
Authority).    (See  1945,  619  §§  4-11.) 

Sect.  53,  caption  and  section  revised,  1953,  608  §  2  (estabUshing  the 
Port  of  Boston  Commission).     (See  1953,  608  §§  13-16.) 

Sect.  53 A  added,  1953,  608  §  2  (establishing  an  advisory  council  to 
the  Port  of  Boston  Commission). 

Sect.  54  amended,  1953,  608  §  3. 

Sect.  55  amended,  1953,  608  §  4. 

Sect.  56  added,  1946,  368  §  3  (establishing  the  Massachusetts  Fair 
Employment  Practice  Commission);  first  sentence  of  third  paragraph 
revised,  1951,  588;  caption  revised  and  section  amended,  1950,  479  §  2; 
last  paragraph  amended,  1948,  411.    (See  1950,  479  §§  6,  7.) 

Sects.  57-59  added,  1946,  583  §  1  (relative  to  the  Massachusetts 
Aeronautics  Commission).  (See  G.  L.  90  §§  36-38,  repealed  by  1946, 
583  §  2.    See  also  1946,  583  §  4.) 

Sects.  59A-59C  added,  1948,  637  §  2  (establishing  the  State  Air- 
port Management  board).    (See  1948,  637  §§  4-9,  13;   663  §  4.) 


990  Changes  in  the  [Chap.  7. 

Sect.  59B,  sentence  added  at  end,  1948,  663  §  1.  (See  1948,  663 
§§  4,  5.) 

Sect.  60  added,  1946,  612  §  2  (establishing  the  Outdoor  Advertising 
Authority);  last  paragraph  revised,  1952,  468;  section  and  caption 
preceding  it  stricken  out,  1955,  584  §  2.  (See  1946,  612  §§  5,  6;  1955, 
584,  §§  9,  10.) 

Sects.  61  and  62  added,  1947,  466  §  2  (estabhshing  the  Massachu- 
setts Pubhc  Building  Commission);  caption  preceding  section  61 
stricken  out,  1953,  612  §  2;  both  sections  stricken  out,  1953,  612  §  3. 
(See  1947,  466  §§4-6;   1953,  612  §§  10-13.) 

Sect.  63  added,  1947,  513  §  2  (establishing  a  commission  on  alco- 
holism); repealed  and  heading  preceding  section  stricken  out,  1954, 
581  §  2.    (See  1954,  581  §§  4,  5.) 

Sect.  64  added,  1948,  260  §  3  (establishing  the  State  Housing  Board) ; 
sixth  sentence  stricken  out  and  two  sentences  inserted,  1949,  577; 
second  paragraph  amended,  1954,  396.    (See  1948,  260  §§5,  6.) 

Sects.  65-69  added,  1948,  310  §  2  (establishing  the  Youth  Service 
Board).    (See  1948,  310  §§  30,  31;  542.) 

Sect.  65  revised,  1952,  605  §  1;  first  paragraph  revised,  1955,  766 
§  1.    (See  1952,  605  §§  19-21.) 

Sect.  66  revised,  1952,  605  §  2;  second  sentence  revised,  1955, 
730  §  2A.    (See  1952,  605  §§  15,  19-21 ;  1955,  730  §  43.) 

Sect.  67,  paragraph  (2)  stricken  out,  1952,  605  §  17;  section  revised, 
1955,  766  §  2.    (See  1952,  605  §§  15,  19-21.) 

Sect.  68  repealed,  1952,  605  §  18.    (See  1952,  605  §§  15,  19-21.) 

Sect.  69  revised,  1955,  766  §  3.    (See  1955,  766  §  6.) 

Sect.  69 A  added,  1955,  766  §  4  (relative  to  the  division  of  the  com- 
monwealth into  juvenile  districts). 

Sects.  70  and  71  added,  1948,  476  §  2  (estabhshing  the  Board  of 
Trustees  of  the  Soldiers'  Home  in  Holyoke).     (See  1948,  476  §§  3,  4.) 

Sect.  72  added,  1951,  511  §  2  (estabhshing  the  weather  amendment 
board). 

Sect.  73  added,  1954,  537  §  2  (estabhshing  a  council  for  the  aging) ; 
revised,  1955,  591.    (See  1954,  537  §  3.) 

Chapter  7.  —  Commission  on  Administration  and  Finance. 

Sect.  2  revised,  1948,  610  §  1.    (See  1948,  610  §§  6,  7.) 

Sect.  3  amended,  1946,  591  §  4;  revised,  1948,  610  §  2;  1951,  717  §  1; 
fourth  sentence  revised,  1955,  730  §  3;  fifth  and  sixth  sentences  stricken 
out  and  sentence  inserted,  1954,  332.  (See  1948,  610  §§  6,  7;  1955, 
730  §  43.) 

Sect.  4  revised,  1948,  610  §  4;  1951,  717  §  2;  third  sentence  revised, 
1955,  730  §  4.   (See  1948,  610  §§  6,  7;  1955,  730  §  43.) 

Sects.  5 A  and  5B  added,  1953,  612  §  4  (estabhshing  a  division  of 
building  construction).     (See  1953,  612  §§  10-13.) 

Sect.  6  revised,  1948,  610  §  3;  1950,  824;  amended,  1951,  558.  (See 
1948,  610  §§  6,  7.) 

Sect.  6A  added,  1941,  433  §  3  (providing  for  the  appointment  of  the 
postmaster  and  assistant  postmaster  of  the  central  mailing  room  by  the 
Commission  on  Administration  and  Finance);  revised,  1950,  547  §  1. 
(See  1941,  433  §  4;   1950,  547  §  2.) 

Sect.  6B  added,  1951,  440  §  1  (establishing  first  aid  facilities  in  the 
state  house).    (See  1951,  440  §§2,  3.) 


Chap.  8.]  GENERAL  LawS.  991 

Sects.  6C  and  6D  added,  1953,  636  §  1  (relative  to  hospital  expenses 
for  public  welfare  and  other  public  assistance  patients).  (See  1953, 
636  §§  6-9.) 

Sect.  7  amended,  1945,  457;  revised,  1948,  610  §  5;  paragraph 
added  at  end,  1949,  448;  same  paragraph  amended,  1950,  512;  1951, 
455;  revised,  1953,  526;  stricken  out,  1954,  680  §  1.  (See  1948,  610 
§§  6,  7.) 

Sect.  7A  added,  1950,  698  (authorizing  the  commissioner  of  adminis- 
tration to  enter  into  agreements  with  certain  towns  for  fire  protection  , 
of  certain  state  institutions). 

Sect.  13  revised,  1950,  272. 

Sect.  14  revised,  1950,  273. 

Sect.  15  amended,  1948,  254. 

Sect.  16  revised,  1950,  274;  first  sentence  amended,  1953,  40. 

Sect.  22,  clause  (17)  revised,  1933,  353  §  1;  clause  (18)  added,  1955, 
727. 

Sect.  23A  added,  1933,  353  §  2  (providing  a  preference  in  the  pur- 
chase of  supplies  and  materials  b}'-  contractors  for  certain  state  work  in 
favor  of  domestic  supplies  and  materials). 

Sect.  25A  added,  1943,  344  §  2  (authorizing  the  state  purchasing 
agent  to  regulate  purchases  of  supplies  and  transfers  thereof  from  one 
state  agency  to  another);  revised,  1953,  201. 

Sect.  26  amended,  1939,  451  §  2. 

Sect.  28  revised,  1954,  680  §  2;  third  paragraph  amended,  1955, 
643  §  7.    (See  1955,  643  §  12.) 

Sect.  28A  added,  1954,  680  §  3  (relative  to  the  development  of  train- 
ing programs  for  certain  state  employees  by  the  division  of  personnel 
and  standardization). 

Sect.  29  amended,  1945,  580  §  4.    (See  1945,  580  §  9.) 

Sect.  30  amended,  1952,  144. 

Sects.  30A-30J  added,  1953,  612  §  5  (relative  to  public  building  con- 
struction).   (See  1953,  612  §§  10-13.) 

Sect.  30H,  sentence  inserted  after  first  sentence,  1955,  548. 

Sect.  30K  added,  1953,  636  §  2  (relative  to  the  annual  determination 
by  the  director  of  hospital  costs  of  the  all-inclusive  per  diem  cost  for 
care  of  patients  in  each  hospital,  sanatorium  and  infirmary  licensed  by 
the  department).    (See  1953,  636  §§  7  and  9.) 

Sect.  31  revised,  1950,  275. 

Sect.  31A  added,  1953,  504  (providing  for  recognition  of  state  em- 
ployees' suggestions  which  increase  the  efficiency  of  state  government) ; 
revised,  1954,  546. 

Sect.  33  revised,  1939,  499  §  1;   1945,  292  §  1. 

Sect.  34  revised,  1950,  276. 

Chapter  8.  —  State  Superintendent  of  Buildings,  and  State  House. 

Sects.  1-12  affected,  1935,  327;   1941,  627  §  3. 

Sect.  1  revised,  1938,  249  §  1.     (See  1938,  249  §  6.) 

Sect.  4  amended,  1935,  251;  revised,  1937,  84  §  1;  1938,  249  §  2. 
(See  1937,  84  §  2;   1938,  249  §  6.) 

Sects.  4A  and  4B  added,  1955,  581  (authorizing  payment  of  certain 
expenses  of  capitol  police  officers  injured  in  the  performance  of  duty 
and  indemnifying  them  for  certain  other  expenses  and  damages). 


992  Changes  in  the  [Chaps.  9,  lo. 

Sect.  5  revised,  1935,  460  §  1;   amended,  1938,  387  §  1;   1946,  591 

§  5.     (See  1935,  460  §  2;   1938,  387  §  2.) 
Sect.  6  revised,  1953,  612  §  6.    (See  1953,  612  §§  10-13.) 
Sect.  9  amended,  1938,  249  §  3.     (See  1938,  249  §  6.) 
Sect.  10  amended,  1938,  249  §  4;  1943,  440  §  1.     (See  1938,  249  §  6.) 
Sect.  lOA  revised,  1933,  170;    1941,  267;    amended,  1943,  440  §  2; 

revised,  1945,  706;  paragraph  inserted  before  last  sentence,  1952,  391; 

amended,  1955,  317  §  1 ;  sentence  added  at  end,  1946,  585;  last  sentence 

stricken  out  and  paragraph  inserted,  1953,  638.    (See  1955,  317  §  2.) 
Sect.  12  revised,  1938,  249  §  5;  sentence  inserted  after  "officers"  in 

line  12,  1947,  66.     (See  1938,  249  §  6.) 

Sect.  16A  added,  1948,  190  §  1  (providing  for  the  preservation  of 

room  numbered  twenty-seven  in  the  state  house  as  a  memorial  and 

shrine  to  the  Grand  Army  of  the  Republic). 
Sect.  17  amended,  1932,  188  §  1;    1933,  199  §  1;    1947,  350  §  1; 

revised,  1948,  190  §  2;   amended,  1951,  807;   revised,  1952,  300,  390; 

1953,  664. 
Sect.  18  amended,  1932,  188  §  2;  1933,  199  §  2;  1947,  350  §  2. 

Chapter  9.  —  Department  of  the  State  Secretary. 

Sect.  1  amended,  1946,  591  §  6;  revised,  1949,  789  §  1;  third  sentence 
revised,  1955,  730  §  5.    (See  1949,  789  §  5;  1955,  730  §  43.) 

Sect.  2  revised,  1935,  416;   1939,  283;  1941,  587. 

Sect.  6  amended,  1934,  25  §  1. 

Sect.  7  amended,  1934,  25  §  2;  1939,  342  §  1. 

Sect.  9  amended,  1934,  127. 

Sect.  15  amended,  1934,  19. 

Sect.  17  amended,  1934,  37;  revised,  1936,  31  §  1. 

Sect.  20  added,  1935,  402  (regulating  the  publication  and  sale  of  the 
Massachusetts  Reports  and  of  the  advance  sheets  of  the  opinions  and 
decisions  of  the  Supreme  Judicial  Court);   revised,  1943,  426. 

Sects.  21-25  added,  under  the  caption  "commission  on  interstate 
co-operation",  1937,  404  §  1  (estabhshing  a  commission  on  interstate 
co-operation  as  successor  to  the  commission  on  interstate  compacts 
affecting  labor  and  industries  and  defining  its  powers  and  duties,  and 
providing  for  a  commission  required  to  be  established  under  an  inter- 
state compact  on  the  minimum  wage).     (See  1937,  404  §§2,  3.) 

Sect.  21  amended,  1941,  394  §  1;   1953,  409  §  5. 

Sect.  23  amended,  1941,  394  §  2. 

Sect.  25  repealed,  1943,  255  §  2.     (See  1943,  255  §  3.) 

Chapter  10.  —  Department  of  the  State  Treasurer. 

For  temporary  legislation  establishing  an  emergency  finance  board, 
and  defining  its  powers  and  duties,  see  1933,  49. 

Sect.  1  amended,  1946,  591  §  7;  revised,  1949,  789  §  2;  second  sen- 
tence revised,  1955,  730  §  6.    (See  1949,  789  §  5;  1955,  730  §  43.) 

Sect.  5,  first  sentence  revised,  1941,  596  §  4;   1945,  489. 

Sect.  7  revised,  1948,  533. 

Sect.  8  amended,  1932,  180  §  1;  revised,  1943,  427  §  1. 

Sect.  8A,  last  sentence  stricken  out,  1950,  314. 

Sect.  11  revised,  1939,  499  §  2;  amended,  1945,  292  §  2. 

Sect  16  amended,  1954,  419  §  5A. 


Chaps.  11,  12.]  GENERAL  LawS.  993 

Sect.  17  amended,  1941,  194  §  1. 

Sect.  17A  added,  1943,  362  §  2  (providing  for  the  receipt  and  dis- 
posal, by  the  state  treasurer,  of  certain  gifts  made  to  the  commonwealth 
for  military  purposes). 
--  Sect.  18  revised,  1945,  658  §  2.     (See  1945,  658  §  11.) 

Sect.  19  revised,  1945,  658  §  3.     (See  1945,  658  §  11.) 

Chapter  11.  —  Department  of  the  State  Auditor. 

Sect.  1  amended,  1946,  591  §  8;  revised,  1949,  789  §  3;  second  sen- 
tence revised,  1955,  730  §  7.    (See  1949,  789  §  5;  1955,  730  §  43.) 
Sect.  2,  first  sentence  revised,  1941,  596  §  5. 
Sect.  5  revised,  1946,  591  §  9. 

Chapter    12.  —  Department    of    the    Attorney    General,    and    the    District 

Attorneys. 

Sect.  1  amended,  1946,  591  §  10;  revised,  1949,  789  §  4;  second  sen- 
tence revised,  1955,  730  §  8.    (See  1949,  789  §  5;  1955,  730  §  43.) 

Sect.  2  amended,  1934.  133  §  1;  revised,  1941,  647  §  2.  (See  1934, 
133  §  2.) 

Sect.  3,  last  sentence  amended,  1932,  180  §  2;  section  amended, 
1943,  83  §  1. 

Sect.  3B  amended,  1933,  318  §  1;  1934,  291  §  1;  first  paragraph 
amended,  1953,  544;  paragraph  inserted  after  first  paragraph,  1943, 
409  §  3.    (See  1933,  318  §  9;   1934,  291  §  6.) 

Sect.  3C  added,  1947,  337  (authorizing  the  attorney  general  to  settle 
certain  claims  against  state  officers  and  employees  without  suit  being 
brought) ;  second  paragraph  revised,  1949,  567. 

Sect.  3D  added,  1954,  326  (relative  to  indemnification  or  protection 
of  certain  state  officers  and  employees  in  connection  with  actions  for 
personal  injuries). 

Sect.  6 A  added,  1947,  238  (authorizing  the  attorney  general  to  call 
conferences  of  district  attorneys,  sheriflfs  and  police  officials  of  cities  and 
towns) ;  paragraph  added  at  end,  1954,  654. 

Sects.  8A-8I  added,  1954,  529  §  1  (estabhshing  a  division  of  pubhc 
charities) . 

Sect.  8E  amended,  1955,  203. 

Sect.  11  amended,  1939,  499  §  3;   1945,  292  §  3. 

Sect.  13  revised,  1948,  423  §  1.     (See  1948,  423  §  7.) 

Sect.  14,  paragraph  in  lines  5  and  6  revised,  1935,  209;  paragraph 
in  lines  7  and  8  revised,  1935,  433  §  1;  section  revised,  1935,  458  §  1; 
next  to  last  paragraph  revised,  1941,  470  §  1;  paragraph  added  at  end, 
1948,  239  §  1;  section  revised,  1948,  423  §  2;  amended,  1955,  678  §  1; 
amended,  1951,  432  §  1;  1954,  488  §  1;  second  paragraph  revised, 
1955,  582  §  1.    (See  1948,  423  §  7.) 

Sect.  15  revised,  1935,  458  §  2;  paragraph  in  line  8  revised,  1937, 
279  §  1;  section  revised,  1947,  675  §  1;  sixth  paragraph  stricken  out  and 
two  paragraphs  inserted,  1948,  423  §  3;  section  revised,  1951,  804  §  1; 
amended,  1954,  441.  (See  1947,  675  §  4;  1948,  423  §  7;  1951,  804  § 
4.) 

Sect.  16,  paragraph  in  lines  9-11  revised,  1935,  433  §  2;  section 
revised,  1935,  458  §  3;  paragraph  in  lines  23  and  24  revised,  1937, 
279  §  2;  next  to  last  paragraph  revised,  1941,  470  §  2;  section  revised, 


994  Changes  in  the  [Chap.  13. 

1947,  675  §  2;  paragraph  added  at  end,  1948,  239  §  2;  section  revised, 

1948,  423  §  4;  fifth  paragraph  revised,  1951.  432  §  2;  ninth  paragraph 
revised,  1949,  680;  section  revised,  1951,  804  §  2;  amended,  1954, 
488  §  2;  second  paragraph  revised,  1955,  582  §  2;  ninth  paragraph 
revised,  1955,  678  §  2.  (See  1947,  675  §  4;  1948,  423  §  7;  1951,  804 
§4.) 

Sect.  18  amended,  1948,  423  §  5.   (See  1948,  423  §  7.) 
Sect.  20A  revised,  1947,  675  §  3;   last  sentence  revised,  1951,  804  §  3. 
(See  1947,  675  §  4;  1951,  804  §  4.) 
Sect.  22  revised,  1948,  423  §  6.     (See  1948,  423  §  7.) 
Sect.  24  amended,  1948,  111. 
Sect.  25  amended,  1937,  64  §  1. 

Chapter  13.  —  Department  of  Civil  Service  and  Registration. 

Sect.  1  revised,  1939,  238  §  1.    (See  1939,  238  §§  52-55.) 

Sect.  2  revised,  1939,  238  §  2;  first  paragraph  amended,  1945,  681 
§  1;  second  paragraph  amended,  1946,  591  §  11;  1948,  580;  1950, 
821  §2;  1951,716;  1955,  730  §9;  paragraph  inserted  after  second  para- 
graph, 1941,  403.  (See  1939,  238  §§  52-55;  1945,  681  §  2;  1955, 
730  §  43.) 

Sect.  2A  added,  1939,  238  §  3  (relative  to  the  appointment  and  com- 
pensation of  civil  service  commissioners) ;  fourth  sentence  revised,  1941, 
457;  same  sentence  amended,  1945,  725  §  6;  section  revised,  1946,  591 
§  12;  fourth  sentence  revised,  1948,  575;  1950,  821  §  1;  1951,  589; 
1952,  473;   1955,  730  §  10.    (See  1939,  238  §  52-55;   1955,  730  §  43.) 

Sect.  3  amended,  1932,  180  §  3;  revised,  1939,  238  §  4.  (See  1939, 
238  §§  52-55.) 

Sect.  4  revised,  1939,  238  §  5. 

Sect.  5  revised,  1939,  238  §  6. 

Sect.  6  revised,  1939,  238  §  7. 

Sect.  8  amended,  1934,  329;  1946,  591  §  13;  1948,  601  §  1;  1949, 
787;  1952,  627  §  1;  1955,  730  §  11.  (See  1948,  601  §  2;  1952,  627  §  2; 
1955,  730  §  43.) 

Sect.  9A  added,  1945,  376  (authorizing  the  director  of  registration 
to  make  certain  rules  and  regulations  governing  the  conduct  of  exami- 
nations by  the  several  boards  of  registration  and  examination). 

Sect.  10  amended,  1932,  8;   1939,  36. 

Sect.  11  amended,  1937,  379;  last  sentence  revised,  1953,  529;  1955, 
730  §  12.     (See  1955,  730  §  43.) 

Sect.  12  repealed,  1937,  425  §  13.    (See  1937,  425  §  15.) 

Sects.  12A-12C  added,  under  the  heading  "board  of  registration 
IN  CHIROPODY  (podiatry)",  1937,  425  §  1.    (See  1937,  425  §§  14,  15.) 

Sect.  12A,  third  sentence  stricken  out,  1952,  73. 

Sect.  12B  revised,  1950,  315. 

Sect.  12C  revised,  1955,  730  §  13.    (See  1955,  730  §  43.) 

Sects.  13-15  and  the  heading  before  section  13  stricken  out  and  new 
sections  13-15D  added  under  heading  "board  of  registration  in 
nursing",  1941,  620  §  2.    (See  1941,  620  §§  1,  4-12.) 

Sect.  13  amended,  1953,  350  §  1. 

Sect.  14A  amended,  1953,  350  §  2. 

Sect.  15  revised,  1955,  730  §  14.    (See  1955,  730  §  43.) 


Chap.  13.]  GENERAL   LaWS.  995 

Sect.  15A  amended,  1952,  585  §  19;  revised,  1953,  350  §  3. 

Sect.  15C  revised,  1955,  730  §  15.    (See  1955,  730  §  43.) 
Sect.  17  revised,  1934,  339  §  1. 

Sect.  18  revised,  1955,  730  §  16.    (See  1955,  730  §  43.) 
Sect.  20  revised,  1946,  550  §  1;  1947,  417. 

Sect.  21,  first  sentence  revised,  1955,  730  §  17.    (See  1955,  730  §  43.) 
Sect.  23  revised,  1952,  625  §  1;   1953,  280  §  1.    (See  1952,  625  §  3; 
1953,  280  §  3.) 
Sect.  24  revised,  1952,  625  §  2;   1953,  280  §  2.    (See  1952,  625  §  3; 

1953,  280  §  3.) 

Sect  25  revised,  1941,  596  §  6;  1951,  577. 

Sect.  26  amended,  1950,  192. 

Sect.  28  amended,  1948,  647. 

Sect.  29  and  its  caption  stricken  out  and  new  section  inserted,  under 
the  caption  "board  of  registration  in  embalming  and  funeral 
directing",  1936,  407  §  1;  revised,  1954,  653  §  1.  (See  1936,  407  §§  5-8; 

1954,  653  §§  4,  7.) 

Sect.  30  revised,  1954,  653  §  1.    (See  1954,  653  §§  6,  7.) 

Sect.  31  revised,  1936,  407  §  2;   1946,  591  §  14;   1954,  653  §  1.    (See 

1936,  407  §§5-8;   1954,  653  §§  6,  7.) 
Sect.  32  revised,  1935,  420  §  1;    amended,  1939,  238  §  8;     1952, 

585   §  20;    first  sentence  revised,   1954,  238;    fifth  sentence  revised, 

1955,  730  §  18.    (See  1935,  420  §  2;  1955,  730  §  43.) 
Sect.  35,  first  sentence  revised,  1953,  510  §  1. 

Sect.  36,  first  sentence  revised,  1945,  517  §  1;  second  paragraph 
revised,  1941,  596  §  7;  third  paragraph  revised,  1951,  691  §  2.  (See 
1945,  517  §  2;   1951,  691  §  1.) 

Sect.  38,  first  sentence  revised,  1955,  730  §  19.    (See  1955,  730  §  43.) 

Sect.  39  amended,  1941,  385  §  1;  1947,  509  §  1.  (See  1941,  385 
§  2;   1947,  509  §  2.) 

Sect.  40  amended,  1933,  149  §  1 ;  two  sentences  added  at  end,  1934, 
299  §  1.    (See  1934,  299  §  2.) 

Sect.  41  amended,  1938,  337  §  1;  1946,  591  §  15;  revised,  1953,  556. 
(See  1938,  337  §  2.) 

Sects.  42-44  added,  under  caption  "board  of  registration  op 
hairdressers",  1935,  428  §  1.    (See  1935,  428  §§  5,  7.) 

Sect.  42.  two  sentences  inserted  after  first  sentence,  1949,  580  §  1. 

Sect.  43  amended,  1937,  385  §  1;  second  sentence  revised,  1949, 
580  §  2;   sentence  added  at  end,  1955,  154. 

Sect.  44  amended,  1946,  591  §  16;  revised,  1951,  561;  1955,  730 
§  20.    (See  1955,  730  §  43.) 

Sects.  44A-44D  added,  under  caption  "board  of  registration  of 
architects",  1941,  696  §  1.    (See  1941,  696  §§  3,  4.) 

Sect.  44D,  first  sentence  revised,  1955,  730  §  21.    (See  1955,  730  §  43.) 

Sects.  45-47  added,  under  caption  "board  of  registration  of  pro- 
fessional engineers  and  of  land  surveyors",  1941,  643  §  1.  (See 
1941,  643  §§  3-5.) 

Sect.  45,  first  two  sentences  stricken  out  and  four  sentences  inserted, 
1955,  646. 

Sect.  47  amended,  1941,  722  §  lA. 

Sects.  48-50  added,  under  caption  "board  of  registration  of 
dispensing  opticians",  1955,  688  §  1.   (See  1955,  688  §§  3,  4.) 


996  Changes  in  the  [Chaps.  14,  15. 


Chapter  14.  —  Department  of  Corporations  and  Taxation. 

Chapter   stricken   out  and  new  chapter  14  inserted,  1953,  654  §  1.     (See 

1953,  654  §§  103-109.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1952. 

Sect.  1,  sentence  added  at  end,  1954,  429. 

Sect.  4,  subdivision  1  of  second  paragraph  amended,  1954,  681  §  3. 
(See  1954,  681  §§  20,  22.) 

Chapter  15.  —  Department  of  Education. 

Sect.  1  revised,  1947,  652  §  1. 

Sects.  lA-lC  added,  1947,  652  §  2  (establishing  a  board  of  educa- 
tion which  shall  have  supervision  and  control  of  the  department  of 
education).    (See  1947,  652  §§  14,  15.) 

Sects.  IB  and  IC  revised,  1952,  585  §  1.    (See  1952,  585  §§  25,  26.) 

Sect.  IB,  second  sentence  revised,  1955,  730  §  22.  (See  1955,  730 
§43.) 

Sect.  2  amended,  1946,  591  §  18;  repealed,  1947,  652  §  13.  , 

Sect.  2 A  added,  1946,  531  (providing  for  a  deputy  commissioner  of 
education,  and  establishing  his  powers  and  duties);  repealed,  1947, 
652  §  13. 

Sect.  3  amended,  1941,  138;  repealed,  1947,  652  §  13. 

Sect.  3A  added,  1943,  549  §  1  (establishing  a  board  of  collegiate 
authority  in  the  department  of  education) ;  revised,  1947,  652  §  3. 

Sect.  4  revised,  1939,  409  §  2;  last  sentence  revised,  1947,  344  §  2; 
section  revised,  1947,  652  §  4;    1952,  585  §  2;   third  sentence  revised, 

1954,  514  §  1;   1955,  514;  section  amended,  1953,  407  §  4.     (See  1939, 
409  §§  1,  5;  1952,  585  §§  25,  26;   1953,  407  §§  7,  8.) 

Sect.  5  revised,  1911,  596  §  9;    1947,  652  §  5;    1952,  585  §  3.     (See 

1952,  585  §§  25,  26.) 

Sect.  6  revised,  1947,  652  §  6. 

Sect.  6A  amended,  1938,  446  §  13;  revised,  1941,  531;  1946,  552  §  1; 

1947,  652  §  7;   1952,  630  §  1.    (See  1938,  446  §  14.) 

Sect.  6B  added,  1941,  676  §  1  (relative  to  the  supervisor  of  guidance 

and  placement);    revised,  1947,  652  §  8.     (See  1941,  646;    1947,  652 

§  13.) 
Sect.  8,  caption  preceding  section  revised,  1952,  585  §  4;    section 

amended,  1952,  585  §  5.    (See  1952,  585  §§  25,  26.) 

Sect.  9  amended,  1952,  585  §  6.    (See  1952,  585  §§  25,  26.) 
Sect.  11  revised,  1952,  585  §  7.    (See  1952,  585  §§  25,  26.) 
Sect.  12  revised,  1935,  367;  1939,  409  §  3.     (See  1939,  409  §§  1,  5.) 
Sect.  13 A  added,  1951,  676  §  1  (establishing  certain  bureaus  in  the 

division  of  the  blind). 

Sect.  15  revised.  1951,  676  §  2. 

Sect.  15A  added,  1954,  514  §  2  (establishing  a  division  of  special 

education  for  mentally  retarded  children). 

Sect.  16  revised,  1945,  658  §  4.  (See  1945,  658  §  11.) 
Sect.  17  revised,  1945,  658  §  5.  (See  1945,  658  §  11.) 
Sect.  18  revised,  1945,  658  §  6.  (See  1945,  658  §  11.) 
Sect.  19  amended,  1942,  1  §  2;  revised,  1946,  257  §  7;  1947,  344  §  3; 

amended,  1953,  407  §  5;  1953,  488  §  2.    (See  1942,  1  §  9;  1953,  488  §  4.) 


Chaps.  16,  17.]  GENERAL  LawS.  997 

Sect.  20,  caption  preceding  section  changed,  1947,  344  §  4;  section 
amended,  1947,  344  §  5. 

Sect.  21,  caption  preceding  section  changed,  1946,  257  §  9;  section 
revised,  1946,  257  §  8;   amended,  1953,  488  §  3.     (See  1953,  488  §4.) 

Sect.  22,  caption  preceding  section  changed,  1942,  1  §  3;  section 
amended,  1942,  1  §  4;  revised,  1954,  594  §  1.  (See  1942,  1  §  9;  1954, 
594  §  2.) 

Sect.  24  and  caption  preceding  said  section  revised,  1953,  407  §  6. 
(See  1953,  407  §§  7,  8.) 

Chapter  16.  —  Department  of  Public  Works. 

Sect.  2  amended,  1946,  591  §  19;  revised,  1949,  788  §  1;  amended, 
1950,  776  §  1.  (See  1949,  788  §  2;  1950,  776  §  2.) 
Sect.  4  amended,  1947,  472  §  1;  revised,  1955,  677.  (See  1947,  472 

§  2.) 

Sect.  4A  added,  1955,  555  (creating  certain  supervisory  positions  in 
the  department  of  pubUc  works) . 

Sects.  4B  and  4C  added,  1955,  619  (authorizing  payment  of  certain 
expenses  of  pubhc  works  building  police  officers  injured  in  the  per- 
formance of  duty  and  indemnifying  them  for  certain  other  expenses 
and  damages). 

Sect.  5  revised,  1941,  596  §  10;  two  sentences  added  at  end,  1945, 
308;  section  revised,  1946,  234  §  1;  amended,  1947,  586;  third  sentence 
revised,  1950,  708;  1955,  730  §  23.    (See  1946,  234  §  2;  1955,  730  §  43.) 

Sect.  5A  added,  1938,  407  §  1  (establishing  a  division  of  waterways 
in  the  department  of  public  works);  amended,  1946,  591  §  20.  (See 
1941,  695  §  14;   1946.  582  §  5.) 

Sect.  5B  added,  1953,  666  §  1  (estabhshing  a  division  of  pubhc  beaches 
in  the  department  of  pubhc  works).    (See  1953,  666  §§  3-5.) 

Sects.  5C  and  5D  added,  1955,  584  §  3  (establishing  an  outdoor  ad- 
vertising division  and  an  outdoor  advertising  board  in  the  department 
of  public  works).     (See  1955,  548  §§  8-10.) 

Sect.  6  amended,  1935,  418  §  1;  1939,  393  §  2;  1945,  241  §  2;  re- 
vised, 1948,  201  §  1;  amended,  1955,  584  §  3A.  (See  1939,  393  §  5; 
1945,  241  §  3;   1948,  201  §  4;   1955,  584  §§  9,  10.) 

Sect.  8  added,  1947,  472  §  3  (relative  to  the  powers  and  duties  of 
the  public  works  building  police). 

Chapter  17.  —  Department  of  Public  Health. 

Sect.  2  amended,  1946,  591  §  21;  1947,  658  §  1;  1950,  794;  third 
sentence  revised,  1955,  730  §  24.    (See  1955,  730  §  43.) 

Sect.  3  revised,  1939,  233  §  1 ;  amended,  1946,  591  §  22.  (See  1939, 
233  §§  2,  3.) 

Sect.  4  revised,  1941,  596  §  11;  725  §  1.     (See  1941,  725  §§  4-6.) 

Sect.  5  revised,  1948,  323. 

Sect.  5A  added,  1947,  658  §  2  (increasing  the  salary  of  the  director 
of  sanitary  engineering  and  chief  sanitary  engineer  in  the  department 
of  public  health) ;  repealed,  1954,  564  §  1.    (See  1954,  564   §§  2,  3.) 

Sect.  6  revised,  1941,  725  §  2.     (See  1941,  725  §§  4-6.) 

Sect.  7  revised,  1941,  725  §  3.     (See  1941,  725  §§  4-6.) 


998  Changes  in  the  [Chaps.  I8-20. 


Chapter  18.  —  Department  of  Public  Welfare. 

Sect.  2  amended,  1946,  591  §  23;'  1950,  770;  revised,  1952,  602  §  1; 
1954,  646  §  2;  third  sentence  revised,  1955,  730  §  25.  (See  1952,  602 
§§  15-18;  1955,  730  §  43.) 

Sect.  3  revised,  1952,  602  §  2;  1954,  646  §  3.    (See  1952,  602  §§  15-18.) 

Sect.  4  revised,  1952,  602  §  3.    (See  1952,  602  §§  15-18.) 

Sect.  5  revised,  1948,  310  §  23;  1952,  602  §  4.  (See  1948,  310  §  31; 
1952,  602  §§  15-18.) 

Sect.  7  amended,  1935,  311  §  1;  revised,  1941,  596  §  12;  1952, 
602  §  5.    (See  1952,  602  §§  15-18.) 

Sect.  8  revised,  1941, 351  §  2;  1952,  602  §  6.  (See  1952, 602  §§  15-18.) 

Sect.  9  revised,  1941,  596  §  13;  1952,  602  §  7.  (See  1952,  602  §§  15- 
18.) 

Sects.  lOA-lOC  added,  1952,  602  §  8  (relative  to  the  powers  and 
duties  of  the  director  of  the  administrative  division  of  the  department). 
(See  1952,  602  §§  15-18.) 

Sect.  11  repealed,  1945,  336  §  1. 

Sect.  15  amended,  1945,  336  §  2. 

Sects.  11-16  repealed  and  heading  preceding  section  11  stricken  out, 
1948,  310  §  24.     (See  1948,  310  §  31.) 

Sects.  17  and  18  added,  under  caption  "state  board  of  housing", 
1933,  364  §  1  (establishing  within  the  department  a  state  board  of 
housing). 

Sect.  17  amended,  1935,  449  §  1;  1938,  485  §  1;  repealed,  1948, 
260  §  1.     (See  1938,  485  §  2;   1948,  260  §§  5,  6.) 

Sect.  18  amended,  1935,  449  §  lA;  first  sentence  revised,  1941, 
596  §  14;  repealed,  1948,  260  §  1.     (See  1948,  260  §§  5,  6.) 

Chapter  19.  —  Department  of  Mental  Health  (former  title,  Department  of 

Mental  Diseases). 

Sect.  1  revised,  1938,  486  §  2;  1939,  511  §  1.  (See  1938,  486  §§  1, 
21.  22;  1939,  511  §  3.) 

Sect.  2  revised,  1938,  486  §  3;  1939,  511  §  2;  1946,  591  §  24;  1951, 
722.  (See  1938,  486  §§  21,  22;  1939,  511  §  3.) 

Sect.  3  repealed,  1938,  486  §  4. 

Sect.  4  revised,  1938,  486  §  5.  (See  1938,  486  §§21,  22.) 

Sect.  4A  amended,  1938,  486  §  6.  (See  1938,  486  §§  21,  22.) 

Sect.  5  amended,  1935,  314  §  2,  421  §  3;  1950,  684  §  2;  1954,  469  §  3. 
(See  1935,  421  §§  5,  6;  1950,  684  §§  11,  12;  1954,  469  §  6.) 

Sect.  7  added,  1950,  764  (establishing  a  board  of  appeal  in  the  de- 
partment of  public  health) ;  repealed,  1953,  477. 

Chapter  20.  —  Department  of  Agriculture. 

Sects.  1-6  stricken  out  and  new  sections  1-6  inserted,  1954,  674  §  1.  (See 
1954,  674  §§  3-5.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1953. 

Sect.  2,  second  sentence  revised,  1955,  730  §  26.    (See  1955,  730  §  43.) 
Sects.  7-9  added,  under  caption  "division  of  milk  control",  1941, 
691  §  1.    (See  1941,  691  §§  3-6.) 


Chaps.  21,  22.]  GeNEEAL  LaWS.  999 

Sect.  7  revised,  1945,  497  §  1;  second  sentence  amended,  1951,  690; 
section  revised,  1953,  604  §  1;  amended,  1954,  674  §  2;  third  paragraph 
amended,  1954,  484.    (See  1945,  497  §  2;   1953,  604  §§  6,  8.) 

Sect.  8  revised,  1953,  604  §  1. 

Sect.  9  revised,  1953,  604  §  1. 

(For  prior  temporary  legislation  see  1934.  376;  1936,  300;  1938,  334; 
1939,  413;   1941,  418  §  1;  631  §  1.) 

Chapter  21.  —  Department  of  Natural  Resources  (former  title,  Department 

of  Conservation). 

Chapter  stricken  out  and  new  chapter  21  inserted,  1948,  651  §  1.  (See 
1948,  651   §§  2-7.) 

Chapter  stricken  out  and  new  chapter  (with  new  title)  inserted,  1953, 
631  §  1.     (See  1953,  631  §§  2-12.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1952. 

Chapter  22.  —  Department  of  Public  Safety. 

Sect.  2  amended,  1946,  591  §  32;  1948,  517  §  1;  1949,  690;  1951, 
570;  second  sentence  revised,  1955,  730  §  27.  (See  1948,  517  §  2;  1955, 
730  §  43.) 

Sect.  3,  paragraph  added  at  end,  1954,  650. 

Sect.  3A  added,  1955,  771  §  1  (establishing  a  criminal  information 
bureau  within  the  division  of  state  police  in  the  department  of  public 
safety). 

Sect.  4  revised,  1946,  591  §  33;   1948,  634  §  1.     (See  1948,  634  §  3.) 

Sect.  4A  added,  1948,  634  §  2  (providing  for  the  appointment  of  a 
chief  of  inspections  in  the  department  of  public  safety);  amended,  1951, 
721.     (See  1948,  634  §  3.) 

Sect.  5  revised,  1953,  644. 

Sect.  7A  amended,  1948,  318. 

Sect.  7B  added,  1945,  631  (relative  to  payment  of  compensation  for 
injuries  or  death  of  officers  or  inspectors  of  the  department  of  public 
safety  performing  police  services). 

Sect.  7C  added,  1952,  595  (providing  that  no  deductions  shall  be 
made  from  the  salaries  of  state  police  officers  for  their  subsistence). 

Sect.  9 A,  sentence  added  at  end,  1939,  503  §  4;  same  sentence  re- 
vised, 1943,  175;  last  sentence  of  first  paragraph  revised,  1954,  313  §  1; 
1955,  88;  paragraph  added  at  end,  1947,  407;  1949,  502.  (See  1939, 
503  §  5.) 

Sect.  9B  amended,  1939,  508  §  11. 

Sect.  9C  added,  1933,  239  (relative  to  the  uniform  of  members  of 
the  state  police). 

Sect.  9D  added,  1945,  694  (relative  to  time  off  for  certain  members 
of  the  division  of  state  police);  amended,  1949,  487;  revised,  1954, 
489  §  1.    (See  19.54,  489  §  2.) 

Sect.  9E  added,  1951,  335  (relative  to  training  schools  for  local 
police  officers). 

Sect.  9F  added,  1953,  474  §  1  (establishing  a  board  of  teletype-writer 
regulations  in  the  department  of  pubHc  safety).     (See  1953,  474  §  2.) 

Sects.  9G  and  9H  added,  1955,  552  §  1  (authorizing  the  department 
of  public  safetv  to  provide  police  service  for  the  jMassachusetts  Turn- 
pike Authority).    (See  1955,  552  §  2.) 


1000  Changes  in  the  [Chap.  23. 

Sect.  10,  third  sentence  revised,  1955,  730  §  28.    (See  1955,  730  §  43.) 

Sect.  11  revised,  1945,  643  §  1;  fourth  paragraph  revised,  1955,  730 
§29.    (See  1945,  643  §3;   1955,  730  §43.) 

Sect.  13  added,  1943,  544  §  1  (establishing  within  the  department 
of  pubhc  safety,  a  board  of  standards  and  appeals) ;  revised,  1945,  645 
§  1;  first  two  sentences  revised,  1945,  722  §  3;  1946,  522;  fourth  para- 
graph revised,  1955,  730  §  30.  (See  1943,  544  §  7;  1945,  645  §§  5,  6; 
722  §  4;  1955,  730  §  43.) 

Sect.  14  added,  1945,  710  §  1  (establishing  within  the  department  of 
public  safety  a  board  of  fire  prevention  regulations) ;  fourth  paragraph 
revised,  1955,  730  §  31.    (See  1945,  710  §  18;   1955,  730  §  43.) 

Chapter  23.  —  Department  of  Labor  and  Industries. 

Sect.  2  revised,  1943,  321;  1946,  591  §  34;  amended,  1950,  707; 
1951,  560;  second  sentence  revised,  1955,  730  §  32.  (See  1955,  730 
§43.) 

Sect.  3  amended,  1934,  331  §  1;  second  and  third  sentences  revised, 
1935,  479  §  1;  third  sentence  revised,  1941,  490  §  4;  1954,  578  §  1. 
(See  1935,  479  §  7.) 

Sect.  4  amended,  1934,  331  §  2;  1935,  479  §  2;  first  two  sentences 
amended,  1939,  261  §  1;  section  amended,  1941,  490  §  5;  first  two  sen- 
tences revised,  1941,  596  §  16;  same  two  sentences  revised,  1941,  707  §  1. 
(See  1939,  261  §  25.) 

Sect.  5  amended,  1935,  479  §  3.     (See  1935,  479  §  7.) 

Sect.  8  amended,  1939,  261  §  2.     (See  1939,  261  §  25.) 

Sect.  9  revised,  1935,  60  §  1. 

Sect.  9A  revised,  1932,  99;   repealed,  1933,  73. 

Sect.  9B  repealed.  1933,  73. 

Sect.  9C  revised,  1932,  187;  repealed,  1933,  73. 

Sect.  9D  repealed,  1939,  261  §  3. 

Sect.  9E  amended,  1941,  490  §  6. 

Sect.  9G  amended,  1939,  459  §  2.     (See  1939,  459  §  3.) 

Sect.  9H  revised,  1933,  362;   1939,  261  §  4. 

Sects.  9I-9N  added,  1935,  479  §  4  (establishing  the  Unemployment 
Compensation  Commission,  and  defining  its  powers  and  duties) ;  same 
sections  revised  and  the  powers  and  duties  of  the  commission  conferred 
and  imposed  upon  the  director  of  the  division  of  unemployment  com- 
pensation, 1939,  20  §  1;  name  of  said  division  changed  to  division  of 
employment  security,  1941,  685  §  4.  (See  1935,  479  §§  6,  7;  1939, 
20  §§  6,  7,  8,  9.) 

Sect.  91  paragraph  (a)  revised,  1941,  685  §  4;  709  §  4;  paragraph 
(6)  revised,  1941,  596  §  17;  1946,  591  §  35;  section  revised,  1950,  792; 
paragraph  (b)  revised,  1955,  730  §  33.  (See  1941,  685  §  6;  709  §§  1-3; 
1955,  730  §  43.) 

Sect.  9K,  first  sentence  revised,  1941,  709  §  5;  fourth  sentence  (as 
appearing  in  1939,  20  §  1)  revised,  1947,  610  §  1.     (See  1941,  709  §§  1-3.) 

Sect.  9L  amended,  1941,  709  §  6. 

Sect.  9N,  paragraph  (b)  revised,  1941,  611  §  1;  section  revised,  1941, 
685  §  5;  paragraph  (a)  amended,  1947,  610  §  2;  paragraph  (6)  amended, 
1946,  591  §  36;  1949,  720;  1951,  763  §  21A.  (See  1941,  611  §§  2,  3, 
685  §  6;  1951,  763  §  22.) 

Sects.  90-9R  added,  under  the  caption  "labor  relations  com- 
mission", 1938,  345  §  1   (incorporating  the  provisions  of  1937,  436 


Chaps.  23A-25.]  GeNBRAL  LaWS.  1001 

relative  to  the  labor  relations  commission  as  an  addition  to  the  general 
laws).     (Seel938,  345  §§3,  4.) 

Sect.  9P,  first  sentence  revised,  1950,  709;  1955,  730  §  34;  second 
sentence  amended,  1950,  691  §  2.    (See  1955,  730  §  43.) 

Sect.  11 A  (and  caption)  added,  1934,  331  §  3  (division  of  occupational 
hygiene). 

Sects.  IIB-IID  added,  under  the  caption  "the  Massachusetts 
DEVELOPMENT  AND  INDUSTRIAL  COMMISSION",  1937,  427  (establishing 
the  Massachusetts  development  and  industrial  commission  for  the 
promotion  and  development  of  the  industrial,  agricultural  and  recrea- 
tional resources  of  the  commonwealth). 

Sect.  IIC  revised,  1941,  596  §  17A. 

Sect.  IID,  paragraph  added  at  end,  1950,  652. 

Sects.  IIB-IID  repealed,  1953,  409  §  3. 

Sects.  III^MIL  added,  under  the  caption  " division  of  apprentice 
training",  1941,  707  §  2.  (For  prior  temporary  legislation  see  1938 
448;  1939,471.) 

Sect.  HE,  sixth  sentence  revised,  1955,  730  §  35.  (See  1955,  730 
§43.) 

Sect.  UK,  first  paragraph  amended,  1954,  681  §  4.  (See  1954,  681 
§§  20,  22.) 

Sects.  llM-110  added,  1954,  578  §  2  (establishing  a  council  on  the 
employment  of  the  aging). 

Sect.  IIM,  first  sentence  amended,  1955,  136. 

Sects.  14-23  added,  1953,  314  §  1  (estabhshing  a  division  of  indus- 
trial accidents  within  the  department  of  labor  and  industries).  (See 
1953,  314  §§  7-13.) 

Sect.  15,  first  sentence  revised,  1955,  730  §  36.    (See  1955,  730  §  43.) 

Sect.  16,  sentence  added  at  end,  1955,  703. 

Chapter  23A.  —  Department  of  Commerce. 
Now  chapter  inserted,  1953,  409  §  1.     (See  1953,  409  §§  9-13.) 

Sect.  2,  second  sentence  revised,  1955,  730  §  37.    (See  1955,  730  §  43.) 
Sect.  6,  clause  (t)  added,  1954,  643  §  3. 

Chapter  24.  —  Department  of  Industrial  Accidents. 
Chapter  repealed,  1953,  314  §  14. 

Chapter  25.  —  Department  of  Public  Utilities. 

Sect.  2  amended,  1946,  591  §  38;   1950,  807;  sentence  inserted  after 
third  sentence,  1953,  296  §  1;   fifth  sentence  revised,  1955,  730  §  38 
(See  1953,  296  §  2;  1955,  730  §  43.) 

Sect.  3  revised,  1949,  257. 

Sect.  4  revised,  1938,  221;  paragraph  added  at  end,  1951,  101;  same 
paragraph  stricken  out,  1955,  285  §  1.    (See  1955,  285  §  2.) 

Sect.  4A  added,  1950,  526  (relative  to  the  place  of  holding  certain 
hearings  on  rates  or  reductions  in  service) ;  revised,  1953,  327. 

Sect.  5  revised,  1953,  575  §  1.    (See  1953,  575  §  2.) 

Sect.  5A  revised,  1952,  453. 

Sect.  8A  added,  1939,  442  §  2  (authorizing  the  appointment  of  em- 
ployees for  the  administration  and  enforcement  of  the  sale  of  securities 
law). 


1002  Changes  in  the  [Chaps.  26-28. 

Sect.  9A  added,  1933,  76  §  2  (providing  for  certain  employees  serv- 
ing directly  under  the  commission  of  the  department  to  perform  its 
duties  relative  to  smoke  abatement  in  Boston  and  vicinity) ;  repealed, 
1934,  352  §  2. 

Sect.  10  amended,  1933,  76  §  3;  1934,  352  §  3;  1939,  442  §  3. 

Sect.  lOA  added,  1933,  76  §  4  (providing  for  the  apportionment  of 
expenses  incurred  by  the  department  in  the  performance  of  its  duties 
relative  to  smoke  abatement  in  Boston  and  vicinity);  repealed,  1934, 
352  §  4. 

Sects.  U  and  12  repealed,  1935,  411  §  1.     (See  1935,  411  §  2.) 

Sect.  12A  revised,  1938,  445  §  1;  repealed,  1939,  442  §  1. 

Sect.  12B  revised,  1932,  290  §  2;  repealed,  1939,  442  §  1. 

Sects.  12C-12F  repealed,  1933,  76  §  1;  new  sections  12C-12E  added, 
under  caption  "division  of  smoke  inspection",  1934,  352  §  1;  re- 
pealed, 1954,  672  §  1.    (See  1954,  672  §§  2,  5,  6.) 

Sect.  12C  revised,  1941,  596  §  18;    repealed,  1954,  672  §  1.     (See 

1954,  672  §§  2,  5,  6.) 

Sect.  12F  added,  1935,  405  §  1  (establishing  in  the  department  a 
commercial  motor  vehicle  division,  under  the  charge  of  a  director 
thereof);  phrase  added  at  end,  1935,  477  §  2;  section  amended,  1939, 
335  §  1;  revised,  1941,  596  §  19;  new  sentence  added  at  end,  1941,  653 
§  1;  same  sentence  stricken  out,  1951,  664  §  8.     (See  1939,  335  §  2.) 

Sect.  12G  added,  1936,  117  (authorizing  the  director  of  the  com- 
mercial motor  vehicle  division  in  the  department  of  public  utilities  to 
summon  witnesses,  administer  oaths  and  take  testimony). 

Chapter  26.  —  Department  of  Banking  and  Insurance. 

For  temporary  legislation  providing  for  the  liquidation  of  certain 
trust  companies,  see  1939,  515;    1941,  143;    1943,  122. 

Sect.  2  amended,  1943,  315;  1946,  591  §  39;  1949,  786;  second  sen- 
tence revised,  1955,  730  §  39.    (See  1955,  730  §  43.) 

Sect.  3  revised,  1941,  596  §  20. 

Sect.  4  revised,  1941,  596  §  21. 

Sect.  6  amended,  1943,  317;  1946,  591  §  40;  1951,  776;  second  sen- 
tence revised,  1955,  730  §  40.    (See  1955,  730  §  43.) 

Sect.  8A  revised,  1934,  2;  amended,  1935,  419;  second  sentence 
revised,  1947,  94. 

Sect.  9  amended,  1947,  260  §  1. 

Sect.  10,  sentence  added  at  end,  1943,  346;  section  amended,  1947. 
260  §  2. 

Chapter  27.  —  Department  of  Correction. 

Sections  1-6  stricken  out  and  new  sections  1-6  inserted,  1955,  770  §  1.     (See 

1955,  770  §§  114-123.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1954. 

Chapter  28.  —  Metropolitan  District  Commission. 

For  legislation  abolishing  the  metropolitan  district  water  supply 
commission  and  transferring  its  functions  to  the  metropolitan  district 
commission,  see  1947,  583. 


Chap.  29.]  GENERAL   LawS.  1003 

Sect.  2  amended,  1946,  591  §  42;  revised,  1949,  795. 

Sect.  3  revised,  1936,  244  §  1;  1941,  596  §  23.     (See  1936,  244  §  4.) 

Sect.  4  amended,  1936,  244  §  2.     (See  1936,  244  §  4.) 

Sects.  5  and  6  repealed,  1941,  466  §  6. 

Chapter  29.  —  State  Finance. 

For  temporary  legislation  as  to  emergency  state  financing,  see  1933, 
49,  104,  307,  341,  365,  367,  368;  1934,  41,  66,  313,  335;  1935,  221,  300, 
380,  392,  456;  1936,  309;  1937,  338;  1938,  20,  57,  481,  501  §  3;  1939, 
288,  417,  418,  496;   1941,  129;   1943,  413;   1945,  324;   1947,  206. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1943,  568;  1945,  325,  712;  1946, 
615. 

Sect.  1,  paragraph  added  at  end,  1939,  502  §  1;  same  paragraph 
revised,  1941,  509  §  2;  same  paragraph  stricken  out,  1945,  242  §  2. 
(See  1941,  509  §  9.) 

Sect.  2  revised,  1950,  40. 

Sect.  3  revised,  1939,  502  §  2;  amended,  1945,  242  §  3. 

Sect.  4  amended,  1939,  502  §  3;  1945,  242  §  4. 

Sect.  5  revised,  1939,  502  §  4;  1941,  656  §  2;  1945,  242  §  5;  637  §  2. 
(See  1941,  656  §  17;  1945,  279.) 

Sect.  5A  amended,  1939.  502  §  5;  1945,  242  §  6. 

Sect.  6  amended,  1937,  426  §  1;  revised,  1939,  502  §  6;  amended, 
1941,  490  §  7;  656  §  3;  revised,  1945,  242  §  7;  fifth  sentence  revised, 
1945,  548  §  2.    (See  1937,  426  §  2;   1941,  656  §  17;   1945,  548  §  3.) 

Sect.  8  revised,  1947,  312;  stricken  out,  1953,  612  §  7. 

Sect.  8A  added,  1939,  427  (relative  to  competitive  bidding  on  state 
contracts);   revised,  1941,  547  §  1;   first  sentence  amended,  1951,  401. 

Sect.  9A  revised,  1939,  502  §  7;  amended,  1941,  656  §  4;  1945,  242 
§  8.    (See  1941.  656  §  17.) 

Sect.  9B  added,  1941,  564  §  1  (providing  for  the  allotment  of  certain 
appropriations  by  the  governor).    (See  1941,  564  §  2.) 

Sect.  10  amended,  1936,  256;  revised,  1939,  502  §  8;  1941,  656  §  5; 
amended,  1945,  242  §  9;  repealed,  1945,  637  §  3.  (See  1941,  656  §  17; 
1945,  279.) 

Sect.  11  amended,  1939,  502  §  9;  1941,  656  §  6;  repealed,  1945, 
242  §  10.    (See  1941,  656  §  17.) 

Sect.  12  amended,  1939,  502  §  10;  revised,  1945,  242  §  11;  637  §  4; 
1950,  41.    (See  1945,  279.) 

Sect.  13  revised,  1950,  42. 

Sect.  14  revised,  1939,  502  §  11;  1945,  242  §  12;  1950,  43. 

Sect.  18,  last  sentence  revised,  1945,  248  §  3;  amended,  1953,  263 
§  2.    (See  1945,  248  §§  4,  5;  1953,  263  §  3.) 

Sect.  20  revised,  1950,  44. 

Sect.  20A  added,  1937,  407  (relative  to  public  inspection  of  certain 
orders  and  claims,  in  advance  of  approval  or  rejection  thereof,  in  con- 
nection with  state  contracts). 

Sect.  25  amended,  1941,  656  §  7.    (See  1941,  656  §  17.) 

Sect.  26  revised,  1939,  502  §  12;  amended,  1941,  656  §  8;  1945,  242 
§  13;  revised,  1947,  636  §  1.    (See  1941,  656  §  17.) 

Sect.  27  amended,  1937,  359;  revised,  1939,  502  §  13;  amended, 
1941,  656  §  9;  revised,  1947,  636  §  2;   1950,  45.    (See  1941,  656  §  17.) 


1004  Changes  in  the  [Chap.  30. 

Sect.  29  amended,  1939,  502  §  14;  1943,  345;  revised,  1947,  636  §  3; 
1950,  46. 

Sect.  31,  last  sentence  amended,  1932,  127  §  2;  section  amended, 
1941,  508;  last  sentence  amended,  1945,  545;  section  revised,  1945, 
635  §  1;  1946,  580  §  1;  1949,  386.  (See  1946,  580  §  3;  1947,  527; 
1948,  501.) 

Sect.  31 A  added,  1946,  520  (providing  for  payment  of  accumulated 
vacation  allowances  of  state  employees  upon  death  or  separation  from 
service);  amended,  1954,  680  §  4;  paragraph  (c)  added,  1953,  521; 
amended,  1954,  680  §  4. 

Sect.  31B  added,  1946,  580  §  2  (providing  that  teachers  in  certain 
state  institutions  may  be  paid  weekly). 

Sect.  31  C  added,  1954,  352  §  1  (relative  to  the  vacation  time  of 
persons  holding  non-teaching  positions  in  any  school  or  college  of  the 
Commonwealth).    (See  1954,  352  §  2.) 

Sect.  32  revised,  1951,  759  §  1.    (See  1951,  759  §  3.) 

Sect.  32A  added,  1951,  759  §  2  (relative  to  payment  of  unclaimed 
wages  or  salaries  due  from  the  Commonwealth).     (See  1951,  759  §  3.) 

Sect.  34  amended,  1936,  333;  1948,  396;  revised,  1953,  223;  1954, 
135;  sentence  inserted  after  first  sentence,  1955,  167;  affected,  1946, 
608  §  3. 

Sect.  38,  subdivision  (h)  added,  1934,  356;  first  paragraph  amended, 
1945,  658  §  7.    (See  1945,  658  §  11.) 

Sect.  47  stricken  out  and  sections  47,  47A  inserted,  1945,  637  §  5. 
(See  1945,  279.) 

Sect.  48A  added,  1937,  252  (authorizing  the  use  of  facsimile  signa- 
tures of  the  governor  on  certain  bonds  and  notes  of  the  commonwealth) ; 
amended,  1946,  128. 

Sect.  50  revised,  1939,  502  §  15;  1941,  656  §  10;  1945,  242  §  14. 
(See  1941,  656  §  17.) 

Sect.  52  revised,  1954,  389  §  1.    (See  1954,  389  §  2.) 

Sect.  56  revised,  1953,  272. 

Sect.  62  repealed,  1943,  83  §  2. 

Sect.  63  added,  1937,  157  (providing  for  taxpayers'  petitions  for  en- 
forcement of  certain  provisions  of  law  relative  to  state  finance). 

Chapter  30.  —  General   Provisions   Relative   to  State   Departments,   Com- 
missions, Officers  and  Employees. 

Provisions  relative  to  expenses  incurred  for  certain  meals  by  state 
employees,  1933,  174  §  8;  1934,  162  §  6;  1935,  249  §  7;  1936,  304  §  7; 
1937,  234  §  6;  1938,  356  §  5;  1939,  309  §  4;  1941,  419  §  4;  1943,  68  §  4; 
370  §  4. 

Provisions  relative  to  the  purchase  of  passenger  automobiles,  1939, 
309  §  4;  1941,  419  §  4;   1943,  68  §  4;  370  §  4. 

Provisions  relative  to  expenses  incurred  by  state  employees  in  the 
operation  of  motor  vehicles,  1939,  309  §  5;  1941,  419  §  5;  1943,  68  §  5; 
370  §  5;  1945,  404  §  5;  682  §  4;  1946,  309  §  5;  617  §  5;  1947,  219  §  5; 
685  §  5. 

For  legislation  relative  to  commencement  of  terms  of  certain  state 
officers  see  1939  304. 

Sect.  7  revised,  1937,  414  §  1;  amended,  1941,  512;   1947,  376. 

Sect.  9A  added,  1946,  269  (regulating  the  separation  from  the  service 


Chap.  30.]  GENERAL  LaWS.  1005 

of  the  commonwealth  of  certain  war  veterans  holding  unclassified  offices 
or  positions) ;  revised,  1947,  242. 

Sect.  9B  added,  1946,  524  (protecting  certain  officers  and  employees 
of  the  commonwealth  against  arbitrary  removal);  revised,  1950,  717: 
1955,  643  §  5.    (See  1955,  643  §  12.) 

Sect.  13  revised,  1951,  409. 

Sect.  23 A  added,  1952,  142  (relative  to  the  appointment  of  trustees 
of  state  institutions  to  certain  offices  or  positions  therein). 

Sect.  24  revised,  1937,  430;    1945,  508;    1946,  408;   amended,  1954, 

680  §  5;  revised,  1955,  643  §  8.    (See  1955,  643  §  12.) 

Sect.  24A  added,  1945,  565  (relative  to  compensation  for  state  em- 
ployees who  are  required  to  work  on  state-wide  legal  holidays) ;  amended, 
1946,  411;  revised,  1948,  498;  amended,  1953,  400. 

Sect.  26  repealed,  1948,  255. 

Sect.  28  revised,  1941,  656  §  11.     (See  1941,  656  §  17.) 

Sect.  30A  amended,  1945,  580  §  5. 

Sect.  32  revised,  1939,  499  §  4;  1945,  292  §  4;  first  sentence  revised, 
1950,  488. 

Sect.  32A  added,  1939,  499  §  4A  (relative  to  the  force  and  effect  of 
rules  and  regulations  included  in  annual  reports) ;  repealed,  1945,  292  §  5. 

Sect.  33  revised,  1939,  499  §  5;  1945,  292  §  6;  amended,  1948,  67. 

Sect.  33 A  amended,  1939,  499  §  6;  1945,  292  §  7. 

Sect.  35  amended,  1945,  580  §  6.     (See  1945,  580  §  9.) 

Sect.  36  revised,  1948,  584  §  1. 

Sect.  37  revised,  1951,  556  §  1.     (See  1951,  556  §  2.) 

Sect.  37A  added,  1951,  576  (providing  for  public  hearings  prior  to  is- 
suance of  rules  and  regulations  containing  penalties);   repealed,  1954, 

681  §  2.    (See  1954,  681  §§  20,  22.) 

Sect.  38,  paragraph  added  at  end,  1954,  680  §  6. 

Sect.  39  revised,  1934,  351;  amended,  1935,  217  §  1;  revised,  1935, 
472  §  1;  amended,  1955,  702  §  1.    (See  1955,  702  §  3.) 

Sects.  39A-39E  added,  1951,  694  (requiring  security  for  certain 
motor  truck  carriers  performing  work  under  contract  with  the  com- 
monwealth or  any  political  subdivision  thereof). 

Sect.  39F  added,  1954,  609  (providing  a  method  of  payment  to  cer- 
tain subcontractors  on  contracts  for  the  construction,  reconstruction, 
altering,  remodeling  and  repair  of  certain  public  works  by  the  com- 
monwealth or  any  political  subdivision  thereof);  revised,  1955,  701. 

Sect.  39G  added,  1955,  597  (to  expedite  the  payments  of  sums  due 
to  contractors  after  completion  of  certain  pubhc  works  contracts); 
fourth  sentence  amended,  1955,  702  §  lA. 

Sect.  42  revised,  1936,  359;  amended,  1941,  450  §  1;  1948,  21- 
revised,  1951,  397. 

Sect.  44B  added,  1941,  678  §  1  (relative  to  pipe  lines  for  conveying 
petroleum  and  its  products  and  by-products). 

Sect.  45,  first  sentence  amended,  1947,  678  §  1;  section  revised, 
1948,  311  §  1;  1954,  680  §  9;  paragraph  (6)  amended,  1955,  643  §  2. 
(See  1948,  311  §§  4,  5;  1955,  643  §  12.) 

Sect.  46  revised,  1947,  613  §  1;  1948,  311  §  2;  salary  schedules 
revised,  1949,  785  §  1;  1951,  715  §§  1,  2;  1954,  407  §  1;  paragraph  (1) 
revised,  1954,  680  §  10;  paragraph  (lA)  inserted,  1950,  726;  paragraph 
(IB)  inserted,  1951,  621;  paragraph  (2)  revised,  1952,  421  §  1;  1954, 
407  §  2;  paragraph  (4)  revised,  1955,  643  §  1;    paragraph  (5)  revised, 


1006  Changes  in  the  [Chaps.  30A,  31. 

1954,  680  §  11;  paragraph  (6)  amended,  1949,  406  §  1;  revised,  1954, 
680  §  12;  paragraph  (7)  amended,  1955,  643  §  3;  paragraph  (8)  revised, 
1949,  406  §  2;  amended,  1954,  680  §  13.  (See  1947,  613  §§  2,  3;  1948, 
311  §§4,5;  1949,406  §§3-6;  1951,  715  §§  3-5;  1952,421  §2;  1954,407 
§§  3,  4;   1955,  643  §  12.) 

Sect.  46A  added,  1954,  680  §  14  (relative  to  the  allocation  or  realloca- 
tion of  certain  offices  or  positions  in  the  state  classified  system). 

Sect.  47,  last  sentence  revised,  1941,  656  §  12;  same  sentence  stricken 
out,  1945,  637  §  6;  section  revised,  1948,  311  §  3;  1955,  643  §  4.  See 
1941,  656,  §  17;  1945,  279;  1948,  311  §§  4,  5;  1949,  406  §  3;  1955, 
643  §  12.) 

Sect.  48  amended,  1954,  680  §  15. 

Sect.  49  amended,  1954,  680  §  16. 

Sects.  53-57  added,  1945,  485  (providing  for  the  prompt  disposition 
of  certain  grievances  of  state  employees  relating  to  their  employment). 

Sect.  58  added,  1955,  602  (regulating  the  payment  of  compensation 
to  state  employees  injured  in  the  service  of  the  commonwealth). 

Chapter  30A.     State  Administrative  Procedure. 
New  chapter  inserted,  1954,  681  §  1.     (See  1954,  681  §§  20-22.) 

Chapter  31.  —  Civil  Service. 

For  temporary  legislation  protecting  the  civil  service  rights  of  certain 
persons  in  the  military  or  naval  service  of  the  United  States,  see  1941, 
708;  1943,  172,  338,^548;  1945,  610;  1946,  61,  62,  238,  271  §§  1-4; 
1947,  4,  11,  14,  71,  203,  367;    1948,  447;    1949,  169;    1954,  627,  688; 

1955,  205,  507,  708  §§  1,  2. 

For  temporary  legislation  relative  to  transfers  of  civil  service  em- 
ployees during  the  present  emergency,  see  1943,  492. 

For  temporary  legislation  making  certain  veterans  eligible  to  take 
civil  service  examinations  notwithstanding  any  age  requirements,  see 
1945,  440  §  1;  1950,  179. 

For  legislation  protecting  the  civil  service  rights  of  certain  employees 
who  are  veterans  attending  school  or  "on-the-job"  training  under  the 
G.  I.  Bill  of  Rights,  see  1948,  228. 

For  legislation  relative  to  promotional  examinations  for  principal 
interviewer  in  the  division  of  employment  security,  see  1948,  263. 

For  legislation  subjecting  certain  employees  of  the  division  of  em- 
ployment security  to  the  civil  service  laws,  see  1949,  773;  1950,  461,  704. 

For  legislation  reclassifying  members  of  fire  departments  by  changing 
the  title  of  fireman  to  fire  fighter,  see  1952,  45. 

Sect.  1,  definitions  contained  in  fourth  to  eighth  lines  revised,  1939, 
238  §  9;  revised,  1945,  703  §  1;  definitions  of  "appointing  authority" 
or  "appointing  officer"  revised,  1953,  153.  (See  1939,  238  §§  52- 
55) 

Sect.  2  revised,  1939,  238  §  10;  1945,  725  §  1. 

Sect.  2A  added,  1939,  238  §  11  (relative  to  the  duties  of  the  director 
of  civil  service);  clause  (b)  revised,  1939,  506  §  1;  clause  (e)  revised, 
1941,  402  §  2;  clause  (c)  amended,  1941,  721;  section  revised,  1945, 
725  §  2;  paragraph  (6)  revised,  1951,  302;  two  sentences  added  at  end, 
1953,  286  §  1 ;  sentence  added  at  end,  1954,  295  §  1 ;  paragraph  (d) 
amended,  1954,  680  §  17.    (See  1939,  238  §§  52-55;   1953,  286  §  2.) 


Chap.  31.]  GENERAL   LaWS.  1007 

Sect.  3,  clause  (g)  added,  1937,  223  (giving  preference  to  blind  per- 
sons in  the  employment  of  typists  in  certain  cases  by  state  depart- 
ments, boards  and  commissions);  section  amended,  1939,  238  §  12; 
revised,  1939,  498  §  1;  clause  (a)  revised,  1941,  190;  section  revised, 
1945,  702;  clause  (a)  revised,  1955,  643  §  10.  (See  1939,  238  §§  51-55; 
1955,  643  §  12.) 

Sect.  4,  fourth  paragraph  amended,  1938,  72;  paragraph  in  line  19 
stricken  out  and  new  paragraph  inserted,  1941,  49;  sixth  paragraph  re- 
vised, 1932,  282  §  1;  section  amended,  1939,  238  §  13;  paragraph 
added  at  end,  1939,  256  §  1;  paragraphs  added  at  end  by  1941,  625 
§  1,  1941,  627  §  1  and  1941,  686  §  2,  respectively;  paragraphs  added  at 
end  by  1943,  246  §  1  and  1943,  402  §  1,  respectively;  section  revised, 
1945,  701  §  4;  paragraph  in  line  22  revised,  1949,  397;  paragraph 
added  at  end,  1949,  765  §  1;  1949,  779  §  1.  (See  1932,  282  §  4;  1943, 
246  §  2;   402  §  2;   1949,  765  §  2;  779  §  2.) 

Sect.  5  amended,  1935,  405  §  2;  1936,  244  §  3;  1939,  238  §  14;  re- 
vised, 1941,  402  §  3;  amended,  1945,  355;  701  §  4A;  1948,  387  §  2; 
1950,  397;   1951,  26;  amended,  1954,  298.    (See  1948,  387  §  1.) 

Sect.  5 A  added,  1937,  414  §  2  (relative  to  the  employment  by  cer- 
tain municipal  officers  of  persons  to  serve  in  a  confidential  capacity). 

Sect.  6,  first  sentence  revised,  1949,  430;  sentence  added  at  end, 
1932,  260;  same  sentence  amended,  1939,  238  §  15. 

Sect.  6A  added,  1935,  228  (dispensing  with  educational  requirements 
as  a  condition  of  taking  certain  civil  service  examinations). 

Sect.  7  revised,  1939,  397. 

Sect.  8  amended,  1939,  238  §  16;  revised,  1939,  396;   1945,  703  §  3. 

Sect.  10  revised,  1939,  238  §  17;  1939,  498  §  2;  last  sentence  stricken 
out  and  five  sentences  inserted,  1945,  703  §  4. 

Sect.  12  amended,  1939,  238  §  18;  revised,  1945,  704  §  1;  first 
paragraph  amended,  1954,  627  §  2;  amended,  1946,  271  §  5;  paragraph 
added  at  end,  1948,  121  §  1;  same  paragraph  amended,  1951,  27; 
section  revised,  1955,  571.    (See  1948,  121  §  2;   1954,  627  §§  65,  67.) 

Sect.  12A  added,  1945,  704  §  2  (providing  procedure  for  reviewing 
markings  on  civil  service  examination  papers) ;  revised,  1948,  297. 

Sect.  13  amended,  1938,  174  §  2;  revised,  1945,  703  §  5;  sentence 
added  at  end,  1952,  214. 

Sect.  13A  amended,  1939,  238  §  19;  revised,  1945,  725  §  3. 

Sect.  14  amended,  1939,  238  §  20;  repealed,  1945,  725  §  5. 

Sect.  15  revised,  1939,  238  §  21;  1939,  506  §  2;  1941,  491;  second 
paragraph  revised,  1945,  704  §  3;  last  paragraph  stricken  out  and 
three  paragraphs  inserted,  1945,  704  §  4;  section  revised,  1946,  103; 
first  paragraph  revised,  1951,  41  §  1;  fourth  paragraph  revised,  1951, 
41  §  2;  fifth  paragraph  revised,  1954,  376;  paragraph  A  amended,  1948, 
489;  revised,  1952,  317  §  1;  1954,  267;  paragraph  B  revised,  1952, 
317  §  2;  paragraph  C  amended,  1955,  643  §  9;  paragraph  added  at  end, 
1947,  13.    (See  1955,  643  §  12.) 

Sect.  15A  added,  1933,  267  (restricting  the  appointment  of  persons  for 
temporary  employment  under  the  civil  service  laws);  amended,  1934, 
105;  repealed,  1943,  523. 

Sect.  15B  added,  1943,  520  (authorizing  certain  promotions  from  the 
labor  service  to  the  official  service  of  a  department,  board  or  commis- 
sion under  the  civil  service  laws);  amended,  1946,  52;  revised,  1952, 
313;  1953,  459. 


1008  Changes  in  the  [Chap.  31. 

Sects.  15C  and  loD  added,  1945,  704  §  5  (requiring  lists  of  civil 
service  officers  and  employees  to  be  filed  annually  with  the  director  of 
civil  service  and  establishing  the  method  of  determining  seniority). 

Sect.  15C  amended,  1946,  53;  paragraph  inserted  after  first  para- 
graph, 1950,  385;  section  revised,  1953,  195. 

Sect.  15D,  paragraph  1  amended,  1952,  447  §  1;  1955,  40;  paragraph 
2  revised,  1947,  426;  definition  of  "Absence"  revised,  1949,  167. 
(See  1952,  447  §  2.) 

Sect.  15E  added,  1946,  540  (providing  that  injuries  received  by 
persons  employed  in  a  provisional  capacity  shall  not  disqualify  them 
for  permanent  employment  under  the  civil  service  laws). 

Sect.  15F  added,  1951,  157  (relative  to  provisional  promotions  under 
civil  service  laws  and  probationary  periods  served  therein). 

Sect.  16A  added,  1939,  506  §  3  (relative  to  transfers  under  the  civil 
service  laws) ;  revised,  1945,  703  §  6. 

Sect.  17  amended,  1934, 94:  revised,  1939,  76;  amended,  1939,  238  §  22. 

Sect.  18  amended,  1939,  238  §  23;  revised,  1945,  703  §  9;  amended, 
1947,  22. 

Sect.  18 A  added,  1941,  627  §  4  (positions  in  the  labor  service  of  the 
department  of  public  works  to  be  classified  by  districts);  sentence 
added  at  end,  1945,  389. 

Sect.  19A  added,  1932,  146  (relative  to  appointments  to  the  regular 
fire  forces  in  certain  cities  having  reserve  fire  forces);  amended,  1939, 
238  §  24;  revised,  1941,  38;  amended,  1943,  530;  revised,  1949,  55. 

Sect.  19B  added,  1949,  288  (relative  to  appointments  of  intermittent 
firemen  to  the  regular  force  in  cities  and  towns) . 

Sect.  20  amended,  1939,  238  §  25;  revised,  1939,  419  §  3;  1945, 
704  §  6;  1947,  354  §  1 ;  paragraph  added  at  end,  1951,  279.  (See  1947, 
354  §  2.) 

Sect.  20A  amended,  1939,  238  §  26;  revised,  1941,  39;  1952,  167  §  1; 

1953,  255  §  1;    amended,  1954,  136  §  1.     (See  1952,  167  §  3;    1953, 
255  §  2.) 

Sect.  20B  added,  1937,  416  §  3  (providing  for  appointments  to  the 
regular  pohce  force  of  the  metropolitan  district  commission  from  the 
list  of  members  of  the  reserve  police  force);  amended,  1939,  238  §  27; 
repealed,  1939,  441  §  2.     (See  1937,  416  §  5;  repealed,  1939,  441  §  3.) 

Sect.  20C  added,  1941,  621  (relative  to  appointments  to  the  regular 
police  force  in  certain  cities  and  towns) ;  revised,  1952, 167  §  2;  amended, 

1954,  136  §  2.    (See  1952,  167  §  3.) 

Sect.  20D  added,  1945,  703  §  2  (relative  to  the  serving  of  probation- 
ary periods  in  offices  and  positions  subject  to  civil  service). 

Sect.  21  amended,  1932,  89;  revised,  1933,  137;  amended,  1939, 
238  §  28;  1943,  194,  469;  1946,  216;  1950,  289  §  1;  revised,  1951,  663; 
1954,  627  §  3.    (See  1950,  289  §  2;   1954,  627  §§  65,  67.) 

Sect.  21 A  added,  1954,  688  §  1  (further  defining  the  word  "veteran" 
as  used  in  certain  laws). 

Sect.  22  amended,  1939,  238  §  29;  first  sentence  revised,  1954,  627 
§  4;  paragraph  added  at  end,  1946,  345.     (See  1954,  627  §§  65,  67.) 

Sect.  22A  added,  1946,  221  (making  certain  veterans  eligible  for 
examinations  and  appointment  to  police  and  fire  departments  notwith- 
standing certain  age  requirements) ;  revised,  1947,  287. 

Sect.  23  amended,  1939,  238  §  30;  sentence  added  at  end,  1949, 
642  §  1;  section  revised,  1954,  627  §  5.    (See  1954,  627  §§  65,  67.) 


Chap.  31.]  GENERAL  LaWS.  1009 

Sect.  23A  added,  1954,  627  §  6  (defining  "Disabled  Veteran.",    (See 

1954,  627  §§  65,  67.) 

Sect.  23B  added,  1954,  627  §  6  (providing  for  preference  in  civil 
service  appointments  for  widows  and  widowed  mothers  of  certain  vet- 
erans).    (See  1954,  627  §§  65,  67.) 

Sect.  24  amended,  1939,  238  §  31;  sentence  added  at  end,  1949, 
642  §  2. 

Sect.  25  amended,  1939,  238  §  32;   1946,  145;  revised,  1948,  407. 

Sect.  29  amended,  1939,  238  §  33;  revised,  1945,  725  §  4;  amended, 
1948,  138. 

Sect.  30  amended,  1939,  238  §  34;  repealed,  1945,  725  §  5. 

Sect.  31  amended,  1939,  238  §  35;  revised,  1939,  422  §  1. 

Sect.  31A  added,  1939,  422  §  2  (relative  to  the  making  of  reports  by 
department  heads  pertaining  to  civil  service  employees). 

Sect.  3 IB  added,  1941,  165  §  1  (relative  to  the  preparation  and  keep- 
ing of  rosters  of  positions  in  the  classified  civil  service  and  incumbents 
thereof  in  connection  with  the  paym.ent  of  salaries  or  compensation). 
(See  1941,  165  §  2.) 

Sect.  32  amended,  1939,  238  §  36;  revised,  1939,  420  §  1. 

Sect.  32A  added,  1939,  420  §  2  (providing  that  records  and  files  relating 
to  civil  service  employees  be  public  records) ;  repealed,  1945.  703  §  10. 

Sect.  33  amended,  1939,  238  §  37;  revised,  1939,  420  §  3. 

Sect.  34  amended,  1939,  238  §  38;  revised,  1939,  420  §  4. 

Sect.  35  repealed,  1941,  559. 

Sect.  36  amended,  1939,  238  §  39;  revised,  1945,  701  §  1. 

Sect.  37  amended,  1939,  238  §  40. 

Sect.  38  amended,  1939,  238  §  41;  revised,  1939,  422  §  3. 

Sect.  39  amended,  1939,  238  §  42. 

Sect.  40  amended,  1939,  238  §  43;  repealed,  1945,  703  §  10. 

Sect.  42  amended,  1939,  238  §  44. 

Sect.  42A  repealed,  1945,  667  §  4. 

Sect.  42B  repealed,  1945.  667  §  4. 

Sect.  43  revised,  1945,  667  §  1;  paragraph  (/)  revised,  1946,  379; 
section  revised,  1947,  373  §  1;  paragraph  (a)  amended,  1949,  170  §  1; 
second  sentence  revised,  1949,  429  §  1;  paragraphs  (6)  and  (c)  revised, 
1948,  240;  paragraph  (d)  amended,  1955,  407  §  1;  paragraph  (e), 
first  sentence  revised,  1949,  429  §  2.    (See  1955,  407  §  3.) 

Sect.  45  amended,  1934,  249  §  2;  revised,  1945,  667  §  2;  amended, 

1955,  407  §  2.    (See  1955,  407  §  3.) 

Sect.  45A  added,  1934,  190  (providing  a  method  of  avoiding  multi- 
plicity of  petitions  for  judicial  review  to  determine  seniority  rights  in 
the  classified  labor  service);  amended,  1941,  166 

Sect.  45B  added,  1941,  135  (requiring  clerks  of  district  courts  to 
furnish  certain  information  to  the  director  of  civil  service);  amended, 
1945,  667  §  3. 

Sect.  46  amended,  1932,  282  §  2;  revised,  1934,  249  §  1;  amended, 
1941,  257;  repealed,  1945,  667  §  4. 

Sect.  46B  amended,  1939,  238  §  45;   repealed,  1945,  667  §  4. 

Sects.  46C  and  46D  added,  1933,  320  (providing  for  the  reinstate- 
ment of  certain  municipal  officers  and  emplovees). 

Sect.  46C  amended,  1934,  84;  1936.  66;  revised,  1938,  297  ^  1; 
amended,  1939,  238  §  46;  revised,  1945,  704  §  8;  amended,  1947, 
373  §  2. 


1010  Changes  in  the  [Chap.  32 

Sect.  46D  repealed,  1945,  704  §  7. 

Sect.  46E  added,  1934,  207  (providing  that  a  leave  of  absence  of 
less  than  six  months  shall  not  be  deemed  a  separation  from  the  classified 
civil  service  in  certain  cases);  first  paragraph  revised,  1945,  703  §  7; 
amended,  1951,  37;  paragraph  added  at  end,  1936,  297;  same  paragraph 
amended,  1939,  238  §  47;  1941,  136. 

Sect.  46F  added,  1935,  337  (providing  for  the  reinstatement  of 
members  of  the  police  force  of  the  metropolitan  district  commission  in 
certain  cases);  amended,  1939,  238  §  48;   repealed,  1945,  704  §  7. 

Sect.  46G  added,  1935,  408  (relative  to  seniority  rights  in  respect 
to  the  suspension  and  re-employment  of  persons  in  the  classified  civil 
service  in  certain  cases) ;  revised,  1938,  297  §  2;  1945,  704  §  9;  amended, 
1949,  170  §  2. 

Sect.  46H  added,  1936,  287  §  1  (providing  for  the  reinstatement  in 
the  classified  civil  service  of  retired  municipal  officers  and  employees 
in  certain  cases  of  invalid  retirement) ;  amended,  1939,  238  §  49. 

Sect.  461  added,  1945,  703  §  8  (providing  for  the  establishment  of 
re-employment  lists  of  persons  separated  from  the  official  or  labor 
service  otherwise  than  by  resignation  or  discharge);  amended,  1946,  60; 
revised,  1947,  12;   paragraph  added  at  end,  1951,  420. 

Sect.  46J  added,  1946,  288  (relative  to  the  right  of  civil  service  em- 
ployees to  petition  the  general  court  and  to  appear  before  committees 
ttiereof ) . 

Sect.  46K  added,  1952,  138  (authorizing  civil  service  employees 
to  petition  their  municipal  government  and  to  appear  before  com- 
mittees thereof). 

Sect.  47  revised.  1945,  701  §  2. 

Sect.  47 A  added,  1941,  195  (providing  that  certain  employees  in  the 
classified  public  service  shall  not  be  subject  to  a  probationary  period) ; 
revised,  1945,  701  §  3;  second  paragraph  amended,  1946,  59;  first  two 
paragraphs  revised,  1948,  278;  paragraph  added  at  end,  1950,  376  §  1. 
(See  1950,  376  §  2.) 

Sect.  47B  added,  1941,  290  (relative  to  the  classification  and  estab- 
lishment of  seniority  of  certain  civil  service  employees) ;  revised,  1945, 
701  §  5. 

Sects.  47C  and  47D  added,  1941,  402  §  1  (establishing  a  merit  sj^stem, 
substantially  similar  to  the  civil  service  system,  for  certain  officers  and 
employees  of  local  boards  of  public  welfare).    (See  1941,  402  §§  4-9.) 

Sect.  470,  paragraph  (1)  revised,  1941,  588  §  1;  1950,  793  §  1;  1951, 
741  §  3.    (See  1941,  588  §  3;   1950,  793  §  2.) 

Sect.  47E  added,  1951,  537  (providing  annual  step-rate  increases  for 
municipal  pubhc  welfare  employees). 

Sect.  48  revised,  1945,  701  §  6;  first  paragraph  amended,  1953,  306; 
1954,  90;  paragraph  added  at  end,  1947,  239. 

Sect.  49  repealed,  1945,  701  §  7. 

Sect.  49A  added,  1939,  183  (authorizing  cities  and  towns  to  place 
certain  offices  under  the  civil  service  laws  by  vote  of  the  voters  thereof) ; 
revised,  1941,  414;  revised,  1945,  701  §  8. 

Chapter  32.  —  Retirement  Systems  and  Pensions. 

For  temporary  legislation  providing  for  the  return  of  certain  moneys 
paid  into  the  state  retirement  fund  by  certain  former  members  of  the 
General  Court,  see  1954,  615. 


Chap.  32.]  GENERAL   LawS.  1011 

For  temporary  legislation  protecting  the  retirement  rights  of  certain 
persons  in  the  military  or  naval  service  of  the  United  States,  see  1941, 
708;  1943,  172,  419,  548;  1945,  455,  610,  699;  1947,  4,  11,  14,  203,  367; 
1954,  627,  688;  1955,  708  §§  1,  2. 

For  legislation  relative  to  the  temporary  re-employment  of  former 
officers  and  employees  of  the  commonwealth  or  of  any  political  sub- 
division thereof  during  the  continuance  of  the  existing  state  of  war 
between  the  United  States  and  any  foreign  country,  see  1942,  16;  1943, 
502;   1946,  55,  306. 

For  temporary  legislation  authorizing  the  employment  of  certain 
nurses  who  have  been  retired,  see  1955,  553. 

For  legislation  relative  to  the  retirement  of  assistant  attorneys  gen- 
eral, see  1948,  659. 

For  legislation  relative  to  the  retirement  of  county  commissioners, 
see  1948,  662. 

For  legislation  relative  to  increasing  the  amounts  of  pensions  and 
retirement  allowances  payable  to  certain  former  public  employees,  see 
1950,820;   1951,781;   1952,624;   1953,471,472. 

For  legislation  to  restore  the  pension  rights  to  members  of  the  general 
court  and  the  constitutional  officers,  see  1955,  554. 

Sects.  1-38A,  as  amended,  stricken  out  and  twenty-eight  new  sections, 
1-28,  inserted,  1945,  658  §  1.     (See  1945,  658  §§  9-11.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1952. 

The  following  references  are  to  sections  1  to  28  as  so  inserted: 

Sect.  1,  definition  of  "Beneficiary"  revised,  1949,  618  §  1;  definition 
of  "District"  amended,  1953,  583  §  1;  definition  of  "Employee"  re- 
vised, 1947,  660  §  1;  1950,  537;  sentence  added  at  end,  1950,  600  §  1; 
definition  of  "Employee"  revised,  1951,  543  §  1;  amended,  1952,  185; 
definition  of  "Governmental  Unit"  revised,  1947,  667  §  1;  definition  of 
"Political  subdivision"  revised,  1948,  507  §  1;  definition  of  "Regular 
compensation"  revised,  1948,  606;  sentence  added  at  end,  1952,  423 
§  1;  next  to  last  sentence  revised,  1952,  515  §  2;  definition  of  "Teacher" 
amended,  1951,  543  §  2;  revised,  1952,  434  §  1;  definition  of  "Veteran" 
amended,  1950,  710;   sentence  added  at  end,  1951,  526  §  1;   revised, 

1954,  627  §  7;  amended,  1954,  688  §  2.  (See  1950,  600  §  3;  1951, 
543  §  3;   1952,  423  §  2;   1954,  627  §§  65,  67.) 

Sect.  3,  subdivision  (2),  paragraph  (a),  clauses  (iv),  (v)  revised,  1951, 
644  §  1;  clause  (vi)  revised,  1947,  660  §  2;  1951,  644  §  1;  clause  (x) 
added,  1950,  600  §  2;  clause  (xi)  added,  1952,  515  §  1;  paragraph  (6) 
revised,  1947,  660  §  2;  paragraph  (d)  revised,  1947,  660  §  2;  amended, 
1947,  667  §  2;  paragraph  (/)  revised,  1951,  644  §  2;  definition  of  Group  B 
in  paragraph  (g),  amended,  1946,  403  §  1;  re\'ised,  1947,  423;  amended, 
1947,  667  §  3;  1949,  746  §  1;  revised,  1950,  728;  amended,  1952,  157; 
revised,  1954,  445  §  1;  subdivision  (3),  first  sentence  stricken  out  and 
two  sentences  inserted,  1947,  388  §  1;  first  sentence  revised,  1949,  578 
§  1  (see  1949,  578  §  2) ;  subdivision  revised,  1952, 428  §  1 ;  1954,  684  §  1 ; 

1955,  695  §  1;  subdivision  (3A)  added,  1946,  538  §  1;  subdivision  (4) 
revised,  1946,  403  §  2;  492;  first  sentence  amended,  1947,  416;  sub- 
division revised,  1951,  505  §  1;  amended,  1954,  684  §  2;  1955,  695  §  3; 
subdivision  (5)  amended,  1946,  481;  revised,  1946,  603  §  1;  paragraph 
(a)  added,  1947,  660  §  4;  subdivision  revised,  1947,  667  §  4;  first 
sentence  revised,  1952,  524  §  1;  amended,  1954,  684  §  3;  subdivision 


1012  Changes  in  the  [Chap.  32. 

re\dsed,  1955,  695  §  2;  subdivision  (6),  paragraph  (d)  revised,  1946, 
403  §  3;  amended,  1952,  524  §  2;  1954,  684  §  4;  revised,  1955,  695  §  4; 
paragraph  (e)  amended,  1947,  388  §  2;  paragraph  (/)  amended,  1948, 
393;  revised,  1955,  560;  subdivision  (8)  paragraph  (b)  amended,  1952, 
524  §  3;  1954,  684  §  5;  revised,  1955,  695  §  5;  paragraph  (c)  amended, 
1947,  388  §  3.  (See  1950,  600  §  3;  1950,  715;  1951,  644  §  3,  790,  505  §  2; 
1952,  423  §  2,  428  §  2;  1954,  445  §  2;  1954,  684  §  8;  1955,  695  §  7.) 
Sect.  4, ^  subdivision  (1),  paragraph  (a)  amended,  1947,  660  §  3; 
paragraph  (h)  revised,  1954,  627  §  8;  paragraph  (i)  added,  1946,  493 
§  1;  paragraph  (j)  added,  1946,  538  §  2;  subdivision  (2),  paragraph  (b) 
revised,  1946,  403  §  4;  paragraph  (c)  revised,  1946,  403  §  5:  amended, 
1952,  524  §  4;  1954,  684  §  6;  revised,  1955,  695  §  6.    (See  1946,  493  §  2; 

1954,  627  §§  65,  67;   1954,  684  §  8;   1955,  695  §  7.) 

Sect.  5,  subdivision  (1),  first  sentence  of  paragraph  (a)  amended, 
1947,  388  §  4;  paragraph  (d),  first  two  sentences  stricken  out,  1947, 
660  §  5;  same  paragraph  amended,  1948,  15  §  1;  revised,  1953,  486; 
paragraph  (/)  added,  1954,  348;  subdivision  (2),  paragraph  (a),  first 
paragraph  amended,  1947,  388  §  5;  1949,  656;  revised,  1950,  809  §  1; 
1951,  783;  clause  (i)  revised,  1949,  671;  clause  («)  revised,  1946,403 
§  6;  amended,  1947,  388  §  6;  clause  (iv)  added,  1946,  538  §  3;  para- 
graph (6)  amended,  1950,  809  §  lA;  paragraph  (/)  amended,  1950,  809 
§  2;  paragraph  (g)  added,  1954,  492;  stricken  out,  1955,  590  §  2.  (See 
1950,809  §3;   1951,783  §§2,3.) 

Sect.  6,  subdivision  (1)  amended,  1947,  667  §  5;  1949,  618  §  2,  657; 
subdivision  (3),  first  sentence  of  paragraph  (a),  amended,  1946,  603  §  2; 
1947,  388  §  7;  second  sentence  of  same  paragraph  amended,  1949, 
618  §  3;  paragraph  (c)  revised,  1952,  181. 

Sect.  7,  subdivision  (1),  three  sentences  added  at  end,  1949,  618  §  4; 
subdivision  (2),  paragraph  (a),  clause  (n)  amended,  1948,  446  §  1; 
clause  (in)  amended,  1950,  713;  1951,  545  §  1;  subdivision  (5)  added, 
1949,  618  §  5.     (See  1948,  446  §  5.) 

Sect.  8,  subdivision  (1),  paragraph  (b)  amended,  1947,  667  §  6. 

Sect.  9,  subdivision  (2),  first  paragraph  amended,  1948,  446  §  2; 
paragraph  (d)  revised,  1951,  545  §  2.     (See  1948,  446  §  5.) 

Sect.  10,  see  1949,  491  §  1:  subdivisions  (1)  and  (2)  revised,  1950, 
813  §  1;  1951,  784  §  1;  subdivision  (2)  (6)  amended,  1951,  809.  (See 
1949,  491  §  2;   1951,  784  §  3.) 

Sect.  11,  subdivision  (2),  paragraph  (o)  amended,  1950,  670  §  1; 
paragraph  (c),  first  sentence  revised,  1947,  667  §  7;  sentence  added  at 
end,  1949,  618  §  6.     (See  1950,  670  §  3.) 

Sect.  12,  subdivision  (2),  option  (c),  two  sentences  inserted  after 
first  sentence,  1946,  403  §  7;  option  (c),  paragraph  added  at  end,  1948, 
284;  option  (c)  stricken  out  and  options  (c)  and  (d)  inserted,  1949, 
618  §  7;  option  (d)  amended  and  sentence  added  at  end,  1949,  808; 
sentence  added  at  end,  1950,  670  §  2;  1952,  610  §  1;  option  (d)  revised, 

1955,  494.    (See  1952,  610  §  2.) 

Sect.  13,  subdivision  (1),  paragraph  (a)  revised,  1951,  379  §  1.  (See 
1951,  379  §  2.) 

Sect.  14,  subdivision  (1),  paragraph  (a)  amended,  1951,  99;  1952, 
484  §  1;  subdivision  (2),  paragraphs  (a),  (6)  and  (c)  revised,  1951,  542. 
(See  152,  484  §  2.) 

Sect.  16,  subdivision  (2)  revised,  1949,  746  §  2;  1951,  784  §  2;  sub- 
division (4),  sentence  added  at  end,  1949,  618  §  8.     (See  1951,  784  §  3.) 


Chap.  32.]  GENERAL   LaWS.  1013 

Sect.  18,  subdivision  (1)  revised,  1947,  467;   667  §  8 

Sect.  19  revised,  1952,  599;  last  sentence  revised,  1955,  628  §  2. 

Sect.  19A  added,  1953,  509  §  1  (authorizing  withholding  of  retire- 
ment allowances  for  payment  of  subscriber  premiums  for  certain  policies 
or  contracts  with  non-profit  hospital  and  medical  service  corporations). 

Sect.  20,  subdivision  (2),  first  sentence  of  paragraph  (c)  revised, 

1948,  508  §  1  (see  1949,  491  §  2);  subdivision  (3),  paragraph  (d)  revised, 
1946,  267;  subdivision  (4),  paragraph  (c)  amended,  1950,  163;  sub- 
division (5),  paragraph  (^)  amended,  1954,  642  §  1;  paragraph  (j) 
added  at  end,  1948,  488  §  1.  (See  1948,  488  §  2,  508  §  2;  1954,  642  § 
2.) 

Sect.  21,  subdivision  (2)  amended,  1946,  432  §  3. 

Sect.  22,  subdivision  (1),  paragraph  (6)  amended,  1947,  617;  para- 
graph (c),  sentence  added  at  end,  1952,  434  §  2;  paragraph  (g),  first 
sentence  revised,  1947,  388  §  8;  fourth  sentence  amended,  1952,  433 
last  sentence  stricken  out  and  two  sentences  inserted,  1954,  656  §  1 
subdivision  (4),  paragraph  (a),  sentence  added  at  end,  1949,  560  §  1 
paragraph  (c)  amended,  1949,  560  §  2;  revised,  1951,  407;  1952,  392 
subdivision  (7),  paragraph  (c),  clause  (ii)  revised,  1951,  530  §  1.    (See 

1949,  560  §  3;   1954,  656  §  2.) 

Sect.  23,  subdivision  (2),  paragraph  (6),  clause  (in)  revised,  1954, 
126  §  1;  clause  (iv)  inserted,  1950,  162  §  1. 
Sect.  25,  subdivision  (1),  paragraph  (a)  revised,  1950.  783  §  1.    (See 

1950,  783  §  2.) 

Sect.  26,  subdivision  (2),  paragraph  (6),  clause  (ii)  amended,  1948, 
446  §  3;  clause  (m)  added,  1947,  412;  paragraph  (c)  added,  1948,  446 
§  4;  subdivision  (3),  paragraph  (c)  amended,  1949,  492;  1951,  670  §  1. 
(See  1948,  446  §  5.) 

Sect.  28,  subdivision  (2),  paragraph  (a)  revised,  1946,  166  §  1;  para- 
graph (/)  added,  1946,  166  §  2;  paragraph  (g)  added,  1946,  403  §  8; 
paragraph  (h)  added,  1946,  603  §  3;  subdivision  (3),  paragraph  (a)  re- 
vised, 1946,  166  §  3;  last  sentence  amended,  1946,  403  §  9;  subdivision 
(4),  paragraph  (a)  amended,  1953,  583  §  2;  subdivision  (5)  added,  1948, 
507  §  2.     (See  1953,  583  §  3.) 

Sect.  28A  added,  1945,  720  §  1  (relative  to  the  retirement  of  certain 
officers  in  the  division  of  state  police) ;  paragraph  added  at  end,  1946, 
373  §  1.    (See  1945,  720  §  2;   1946,  373  §  2.) 

Sect.  28B  added,  1946,  605  (relative  to  the  retirement  of  state  de- 
tectives and  inspectors  in  the  division  of  state  police);  revised,  1951, 
670  §  2. 

Sect.  28C  added,  1947,  660  §  6  (relative  to  the  retirement  of  certain 
members  of  the  general  court  and  constitutional  officers;  repealed,  1948, 
589  §  1.    (See  1947,  660  §  7;   1948,  589  §§  3,  4.) 

Sect.  28C  added,  1947,  667  §  9  (providing  benefits  to  certain  em- 
ployees of  governmental  units  who  are  prohibited  from  joining  the 
contributor}'-  retirement  systems  thereof,  in  case  of  accidental  disabil- 
ity or  accidental  death) ;  designation  changed  from  28C  to  28F,  1948, 
589  §  4. 

Sect.  28D  and  28E  added,  1948,  589  §  2  (relative  to  retirement  of 
certain  members  of  the  general  court  and  constitutional  officers).  (See 
1948,  589  §  3;    1949,  546.  807  §§  3,  4.) 

Sect.  28D  revised,  1949,  807  §  1;  last  sentence  revised,  1952,  581; 
section  repealed,  1952,  634  §  1.    (See  1949,  807  §§  3,  4.) 


1014  Changes  in  the  [Chap.  32. 

Sect.  28E  revised,  1949,  809  §  1;  repealed,  1952,  634  §  2. 

Sect.  28F.    See  1948,  589  §  4. 

Sect.  28G  added,  1949,  809  §  2  (relative  to  the  use  of  the  words 
"fails  of  re-election");  repealed,  1950,  813  §  2. 

Sect.  28H  added,  1949,  807  §  2  (relative  to  the  retirement  of  certain 
employees  of  governmental  units  who  are  former  members  of  the  gen- 
eral court);  repealed,  1952,  634  §  3.    (See  1949,  807  §§  3,  4.) 

Sect.  281  added,  1950,  700  §  1  (extending  benefits  of  state  retirement 
systems  to  certain  employees  of  an  interstate  commission).  (See  1950, 
700  §  2.) 

Sect.  28J  added,  1952,  574  §  1  (relative  to  retirement  of  certain 
former  members  of  the  general  court;  repealed,  1952,  634  §  4.  (See 
1952,  574  §  2.) 

Sect.  39,  sentence  added  at  end,  1948,  207. 

Sect.  43  amended,  1945,  707;  1949,  748  §  1.  (See  1949,  748  § 
2.) 

Sect.  44  revised,  1934,  135;  paragraph  added  at  end,  1934,  285  §  1; 
section  amended,  1936,  223;  last  paragraph  amended,  1937,  102  §  1. 
(See  1937,  202.) 

Sect.  45  revised,  1945,  483  §  1. 

Sect.  45A  added,  1945,  708  §  1  (relative  to  retirement  allowances  of 
school  janitors  in  certain  cities  and  towns).    (See  1945,  708  §  2.) 

Sect.  45B  added,  1949,  407  §  1  (relative  to  the  retirement  of  certain 
school  janitors  and  custodians).     (See  1949,  407  §  2.) 

Sect.  46  revised,  1941,  344  §  1 ;  1955,  770  §  2.  (See  1955,  770  §§117, 
118   123  ) 

Sect.  47  amended,  1941,  344  §  2. 

Sect.  48  revised,  1938,  379;  amended,  1955,  770  §  3.  (See  1955, 
770  §§  117,  123.) 

Sects.  49-51  and  caption  preceding  section  49  stricken  out,  1954, 
627  §  9.    (See  1954,  627  §§  65,  67.) 

Sect.  52  amended,  1932,  114  §  1;  1954,  627  §  10.  (See  1954,  627 
§§  65,  67.) 

Sect.  53  amended,  1932,  114  §  2;  1954,  627  §  11.  (See  1954,  627 
§§  65,  67.) 

Sect.  56  revised,  1943,  514  §  1;  first  paragraph  amended,  1947, 
453  §  1;  revised,  1948,  665  §  1;  1949,  602;  1950,  668  §  1;  paragraph 
added  at  end,  1945,  677.     (See  1943,  514  §  4;   1948,  665  §§  4,  5.) 

Sect.  57  revised,  1943,  514  §  2;  amended,  1947, 453  §  2;  revised,  1948, 
665  §  2;  amended,  1950,  668  §  2;  1954,  627  §  12.  (See  1943,  514  §  4; 
1948,  665  §§  4,  5;   1954,  627  §§  65,  67.) 

Sect.  57A  added,  1945,  658  §  8  (making  certain  provisions  of  the 
contributory  pension  laws  applicable  to  the  retirement  of  veterans  under 
veterans'  non-contributory  pension  laws). 

Sect.  58  revised,  1943,  514  §  3;  1948,  665  §  3;  amended,  1950,  668 
§  3.     (See  1943,  514  §  4;   1948,  665  §§  4,  5.) 

Sect.  58A  added,  1945,  671  (further  regulating  the  creditable  service 
of  certain  veterans  in  the  public  service  upon  their  retirement  there- 
from); revised,  1954,  627  §  13.    (See  1954,  627  §§  65,  67.) 

Sect.  60,  paragraph  added  at  end,  1934,  285  §  2;  same  paragraph 
amended,  1937,  102  §  2;  1938,  452  §  1;  section  revised,  1945,  483  §  2: 
678;  1954,  627  §  14;  1954,  688  §  3.  (See  1938,  452  §  2;  1954,  627 
§§  65,  67.) 


Chap.  32.]  GENERAL   LaWS.  1015 

Sect.  60A,  paragraph  added  at  end,  1934,  285  §  3;  amended,  1937, 
102  §  3;  revised,  1945,  483  §  3;  repealed,  1954,  627  §  15.  (See  1954, 
627  §§  65,  67.) 

Sects.  61-64  repealed,  1937,  409  §  2.     (See  1937,  409  §§  5-7.) 

Sect.  65,  last  sentence  stricken  out,  1937,  336  §  22;  section  repealed, 
1937,  409  §  2.     (See  1937,  409  §§  5-7.) 

Sect.  65A  added,  1937,  409  §  1  (relative  to  the  retirement  or  resigna- 
tion of  members  of  the  judiciary);  amended,  1939,  451  §  5;  sentence 
added  at  end,  1946,  525;  same  sentence  revised,  1950,  747  §  1;  1951,  775. 
(See  1937,  409  §§5-7;    1950,  747  §  2.) 

Sect.  65B  added,  1941,  689  §  1  (providing  pensions  for  special  justices 
of  district  courts);  revised,  1943,  398.     (See  1941,  689  §  2.) 

Sect.  66,  paragraph  added  at  end,  1934,  285  §  4;  amended,  1937, 
102  §  4. 

Sect.  68  revised,  1943,  545  §  1;    1945,  322. 

Sects.  68A-68C  added,  1939,  503  §  3  (relative  to  the  retirement  of 
members  of  the  state  police).     (See  1939,  503  §  5.) 

Sect.  68C  revised,  1943,  545  §  2. 

Sects.  68A-68C  stricken  out,  1945,  658  §  1.     (See  1945,  658  §  11.) 

Sect.  69  revised,  1946,  576  §  1. 

Sect.  70,  paragraph  added  at  end,  1934,  285  §  5;  amended,  1937, 
102  §  5;  section  revised,  1937,  416  §  4;  repealed,  1939,  441  §  4.  (See 
1937,  416  §  5;   1939,  441  §§  3,  5.) 

Sect.  75,  paragraph  added  at  end,  1934,  285  §  6;  amended,  1937, 
102  §  6;  section  revised,  1938,  323  §  1. 

Sect.  76  revised,  1938,  323  §  2. 

Sect.  77,  paragraph  (a)  revised,  1936,  290  §  1;  1939,  243;  paragraph 
(6)  amended,  1945,  483  §  3 A;  paragraph  (c)  added  at  end,  1936,  290 
§  2;  amended,  1945,  483  §  3B.  (Affected,  1937,  102  §  7,  283.)  (See 
1948,  515.) 

Sect.  78  revised,  1939,  361  §  1;  amended,  1945,  483  §  4.  (Affected, 
1937,  102  §  7,  283;   1939,  361  §  2.) 

Sect.  78A  added,  1934,  285  §  7  (providing  for  the  ultimate  abolition 
of  non-contributory  pensions  under  certain  provisions  of  general  law 
for  laborers);  amended,  1937,  102  §  7;  revised,  1937,  283  §  1.  (See 
1937,  283  §  2.) 

Sects.  80-85.    See  1949.  636. 

Sect.  80,  paragraph  added  at  end,  1934,  285  §  8;  section  amended, 
1936,  439  §  1;  last  paragraph  amended,  1937,  102  §  8;  section  amended, 
1945  483  §  5. 

Sect.  81  amended,  1933,  103;   1938,  277  §  1.    (See  1938,  277  §  3.) 

Sects.  81 A  and  81B  added,  1946,  576  §  2  (additional  provisions  for  the 
retirement  of  members  of  fire  departments  in  certain  cities).  (See 
1946,  576  §  8.) 

Sect.  83  amended,  1936,  439  §  2;  1938,  277  §  2;  last  sentence  of  first 
paragraph  revised,  1939,  264  §  1;  section  amended,  1945,  483  §  6. 
(See  1938,  277  §  3;   1939,  264  §  2.) 

Sect.  83A  added,  1946,  576  §  3  (additional  provisions  for  the  retire- 
ment of  members  of  police  departments  in  certain  cities).  (See  1946, 
576  §  8.) 

Sect.  84  amended,  1945,  483  §  7. 

Sect.  85,  first  sentence  amended,  1945,  483  §  8;  second  sentence 
revised,  1936,  439  §  3. 


1016  Changes  in  the  [Chap.  32. 

Sect.  85A  revised,  1935,  31  §  1;  amended,  1945,  483  §  9;  revised, 
1946,  576  §  4.    (See  1935,  31  §  2.) 

Sect.  85B  added,  1932,  253  (regulating  the  retirement  and  pension- 
ing of  certain  members  of  the  police  forces  of  park  boards  of  cities  and 
towns);  amended,  1945,  483  §  10. 

Sect.  85C  added,  1934,  285  §  9  (providing  for  the  ultimate  abolition 
of  non-contributory  pensions  under  certain  provisions  of  general  law 
for  policemen  and  firemen) ;  amended,  1937,  102  §  9. 

Sect.  85D  added,  1937,  220  (relative  to  the  retirement  of  certain  call 
members  of  fire  departments  in  certain  towns);  amended,  1945,  483 
§  11;  revised,  1946,  576  §  5. 

Sect.  85E  added,  1946,  576  §  6  (additional  provisions  for  the  retire- 
ment of  members  of  police  and  fire  departments  in  certain  towns) .  (See 
1946,  576  §  8.) 

Sect.  85F  added,  1946,  576  §  6  (relative  to  the  retirement  for  acci- 
dental or  ordinary  disability  of  members  of  police  and  fire  departments 
in  certain  cities  and  tOT\Tis);  first  sentence  revised,  1952,  431  §  1. 

Sect.  85G  added,  1948,  483  (relative  to  the  retirement  of  certain 
police  officers  and  firemen  of  certain  cities  and  towns). 

Sect.  85H  added,  1952,  431  §  2  (providing  for  retirement  of  certain 
disabled  call  firemen  and  policemen  injured  in  line  of  duty);  revised, 
1954,  633. 

Sect.  851  added,  1954,  268  (relative  to  creditable  service  in  the  re- 
tirement of  certain  pohce  officers  and  fire  fighters  in  certain  cities  and 
towns) . 

Sect.  86  revised,  1946,  576  §  7;   1949,  562;  repealed,  1950,  395. 

Sect.  89  revised,  1932,  276;  amended,  1933,  340  §  1;  1934,  343; 
revised,  1935,  466;  amended,  1936,  326;  first  paragraph  amended,  1943, 
366;  first  sentence  amended,  1945,  641;  first  paragraph  revised,  1945, 
696;  1952,  431  §  3;  third  paragraph  amended,  1947,  96;  paragraph 
added  at  end,  1949,  503.    (See  1933,  340  §  2.) 

Sect.  89A  added,  1948,  552  (increasing  annuities  to  dependents  of 
certain  public  employees  killed  or  who  died  from  injuries  received  or 
hazards  undergone  in  the  performance  of  duty);  first  paragraph 
amended,  1950,  757;  third  sentence  amended,  1951,  147  §  1;  fourth 
sentence  revised,  1952,  431  §  4;  last  sentence  revised,  1949,  423  §  1; 
last  paragraph  revised,  1949,  522.     (See  1949,  423  §  2;    1951,  147  §  2.) 

Sect.  90  revised,  1936,  439  §  4. 

Sect.  90 A  added,  1943,  452  §  1  (authorizing  certain  cities  and  towns 
to  increase  the  retirement  allowances  of  certain  former  employees  retired 
on  account  of  accidental  disability).  (See  1943,  452  §  2.) 

Sect.  90B  added,  1955,  590  §  1  (authorizing  certain  retired  persons 
and  those  claiming  under  them  to  waive  their  rights  to  any  portion  of 
their  retirement  allowances). 

Sect.  91  revised,  1938,  439  §  5;  amended,  1941,  670  §  24;  first 
sentence  amended,  1947,  462;  revised,  1948,  15  §  2;  amended,  1949, 
511;  1950,  656;  revised,  1951,  417;  sentence  added  at  end,  1947,  394; 
same  sentence  revised,  1950,  264;  1954,  343,  549.  (See  1938,  439  §  7; 
1941,  670  §  26.) 

Sect.  92  amended,  1953,  509  §  2. 

Sect.  92A  added,  1955,  686  (securing  to  the  wives  and  children  of 
pensioners  residing  outside  the  United  States  the  benefits  of  such  pen- 
sions in  certain  cases). 


Chaps.  32A-34.]  GENERAL  LaWS.  1017 

Sect.  94  added,  1950,  551  (presumption  that  hypertension  or  heart 
disease  was  suffered  in  line  of  duty  in  certain  cases  relative  to  retire- 
ment for  accidental  disability);  revised,  1951,  594. 

Sects.  95-97  added,  1953,  387  (authorizing  cities  and  towns  to  grant 
or  increase  retirement  allowances,  pensions  or  annuities  to  certain  em- 
ployees or  their  survivors). 

Chapter   32A.  —  Contributory    Group    General    or    Blanket    Insurance    for 
Persons  in  the  Service  of  the  Commonwealth. 

New  chapter  inserted,  1955,  628  §  1.     (See  1955,  628  §§  2-4.) 

Chapter  32B.  —  Contributory  Group  General  or  Blanket  Insurance  for 
Persons  in  the  Service  of  Counties,  Cities,  Towns  and  Districts,  and 
their  Dependents. 

New  chapter  inserted,  1955,  760  §  1. 

Chapter  33.  —  Militia. 

Act  estabhshing  a  special  military  reservation  commission,  and  au- 
thorizing the  acquisition  by  the  commonwealth  for  military  purposes 
of  certain  properties  in  Sandwich,  Bourne,  Falmouth  and  Mashpee, 
1935,  196;  powers  and  duties  of  the  commission  defined,  1936,  344 
§§  1,  2;  reservation  enlarged,  1941,  5.    (See  1938,  331.) 

Chapter  stricken  out  and  new  chapter  33  inserted,  1939,  425  §  1.  (See 
1939,  425  §  2.) 

Chapter  stricken  out  and  new  chapter  33  inserted,  1954,  590  §  1.  (See 
1954,  590  §  2.) 

For  prior  changes  see  Tables  of  Changes  contained  in  Acts  and  Resolves 
of  1952  and  1953. 

Sect.  97,  paragraph  (a)  (1)  amended,  1955,  468. 
Sect.  99  revised,  1955,  204. 

Chapter  34.  —  Counties  and  County  Commissioners. 

Sect.  1  revised,  1933,  278  §  2. 

Sect.  4  amended,  1935,  257  §  1;  revised,  1939,  31  §  1.  (See  1935, 
257  §  12.) 

Sect.  5,  schedule  revised,  1943,  102  §  1;  1949,  193  §  1,  767  §  1; 
1951,  743  §  3.  (See  1943,  102  §  2;  1949.  193  §  2,  767  §  2;  1951,  743 
§§  4-6.) 

Sect.  7  amended,  1935,  257  §  2;  last  sentence  stricken  out,  1939, 
31  §  2.     (See  1935,  257  §  12.) 

Sect.  12  revised,  1935,  257  §  3.     (See  1935,  257  §  12.) 

Sect.  14,  last  sentence  amended,  1947,  58. 

Sect.  16  revised,  1947,  449  §  1.     (See  1947,  449  §  7.) 

Sect.  17  revised,  1932,  74;  third  sentence  stricken  out  and  two  sen- 
tences inserted,  1949,  797;  sentence  inserted  before  last  sentence,  1949, 
481  §  3;  affected,  1939,  4.52  §  7;  section  revised,  1951,  479. 

Sect.  19  amended,  1935,  257  §  4.     (See  1935,  257  §  12.) 

Sect.  23  added,  1932,  297  (authorizing  counties  to  receive  certain 
gifts);   revised,  1950,  162  §  2;  second  sentence  revised,  1954,  126  §  2.) 


1018  Changes  in  the  [Chap.  35. 


Chapter  35.  —  County  Treasurers,  State  Supervision  of  County  Accounts 

and  County  Finances. 

For  legislation  enabling  counties  to  secure  the  benefits  provided  by 
the  federal  government  to  assist  them  in  public  works  projects,  see 
1945,  74;  1947,  526.  [For  prior  legislation,  see  1933,  366;  1934,  21; 
1935,  404;  1936,  64,  83,  414;  1937,  159;  1938,  50,  82;  1939,  423;  1941, 
639;  1943,  58.] 

Provisions  relative  to  travel  allowance  of  county  employees  using  cer- 
tain cars  on  official  business,  1933,  322  §  4;  1939,  452  §  2;  1941,  528  §  3; 
1943,  465  §  3;  1945,  550  §  3;  1946,  348  §  3. 

Provisions  relative  to  expenses  incurred  for  meals  by  county  em- 
ployees, 1939,  452  §  3;  1941,  528  §2;  1943,  465  §2;  1945,  550  §2;  1946, 
348  §  2. 

For  legislation  increasing  the  salaries  of  justices,  clerks  and  probation 
officers  of  district  courts,  probation  officers  of  the  superior  court,  trial 
justices  and  county  commissioners,  see  1946,  348  §  4. 

Sect.  2  revised,  1945,  289. 

Sect.  3  revised,  1932.  56;  sentence  added  at  end,  1939,  109  §  2. 

Sect.  11  amended,  1943,  65;  revised,  1950,  659  §  1. 

Sect.  19A  added,  1945,  635  §  2  (providing  for  advances  of  their 
vacation  pay  to  officers  and  employees  of  counties). 

Sect.  19B  added,  1953,  436  §  1  (relative  to  the  payment  of  salaries, 
wages  or  other  sums  owing  by  cities  and  towns  upon  the  death  of  their 
officers  and  employees) ;   revised,  1954,  562  §  2.     (See  1953,  436  §  7.) 

Sect.  20  revised,  1950,  659  §  2. 

Sect.  21  amended,  1937,  64  §  2. 

Sect.  22  revised,  1948,  153;   1952,  87. 

Sect.  24  revised,  1951,  530  §  2. 

Sect.  25  amended,  1933,  175  §  1. 

Sect.  27  amended,  1933,  175  §  2. 

Sect.  28  amended,  1933,  318  §  2;  1934,  291  §  2;  revised,  1939,  501 
§  1;  1945,  158  §  1;  first  sentence  revised,  1952,  80;  1953,  33;  amended, 
1955,  316  §  1;  two  sentences  inserted  after  first  sentence,  1949,  481  §  1; 
next  to  last  sentence  amended,  1950,  543  §  4;  1952,  516;  1953,  70. 
(See  1933,  318  §  9;   1934,  291  §  6.) 

Sect.  28 A  added,  1943,  414  §  2  (estabhshing  a  budget  system  for 
county  tuberculosis  hospitals);  amended,  1945,  158  §  7;  revised,  1945, 
398  §  3.     (See  1945,  398  §§  4,  5.) 

Sect.  29  revised,  1939,  501  §  2;  amended,  1945,  158  §  2. 

Sect.  30  revised,  1939,  501  §  3;  sentence  added  at  end,  1943,  39; 
section  revised,  1945,  158  §  3. 

Sect.  34  revised,  1937,  36;  amended,  1939,  501  §  4;  1945,  158  §  4; 
1948,  591  §  3.     (See  1948,  591  §§  4-7.) 

Sect.  34A  added,  1947,  201  (relative  to  agreements  entered  into  by 
county  commissioners  for  highway  work  in  anticipation  of  appropria- 
tions) . 

Sect.  36A  amended,  1939,  501  §  5;  revised,  1943,  80;  first  sentence 
amended,  1945,  158  §  5. 

Sect.  37  amended,  1933,  28. 

Sect.  37A  amended,  1933,  29;  sentence  inserted  before  last  sentence, 
1952,  66. 


Chap.  36.]  GENERAL  LawS.  1019 

Sect.  38  amended,  1953,  75. 

Sects.  39A-39F  added,  1949,  488  (relative  to  the  furnishing  and  cer- 
tification of  coiint}^  notes  by  the  director  of  accounts). 

Sect.  40  amended,  1936,  23  §  1. 

Sect.  43A  revised,  1939,  214  §  1. 

Sect.  43B  added,  1939,  214  §  2  (relative  to  the  effect  of  the  filing  of 
annual  fidelity  bonds  by  county  officers  and  employees). 

Sect.  44  amended,  1949,  481  §  2. 

Sect.  45  amended,  1953,  319  §  5.    (See  1953,  319  §§  39,  40.) 

Sect.  46  revised,  1953,  654  §  2. 

Sect.  48,  fourth  sentence  revised,  1947,  102  §  1 ;  last  sentence  of  first 
paragraph  revised,  1949,  538;  paragraph  added  at  end,  1947,  102  §  2. 

Sect.  49  amended,  1935,  182  §  1;  1938,  347  §  1;  1939,  165  §  1;  1941, 
447  §  1;  1943,  136  §  1;  1945,  486  §  2;  1946,  262  §  1;  revised,  1946, 
512  §  1;  amended,  1947,  290  §  1;  first  sentence  amended,  1947,  400  §  1; 
revised,  1947,  469  §  1;  amended,  1948,  183  §  1,  664  §  1;  revised,  1949, 
774  §  1;  amended,  1951,  611  §  2.  (See  1935,  182  §  6;  1938,  347  §  3; 
1939,  165  §  3;  1941,  447  §§  4,  5;  1943,  136  §  3;  1946,  262  §§  4,  5;  512 
§3;  1947,400  §§3,4;  1949,  774  §  5.) 

Sect.  51  amended,  1938,  73  §  2;  paragraph  added  at  end,  1948,  345; 
three  paragraphs  added  at  end,  1955,  645. 

Sects.  51A  and  51B  added,  1948,  591  §  1  (establishing  a  salary 
schedule  for  certain  officers  and  employees  of  counties,  except  Suffolk, 
and  providing  for  certain  temporary  cost-of-living  adjustments).  (See 
1948,  591  §§  4-7;   1949,  782  §§  2,  4,  5,  6.) 

Sect.  51B,  salary  schedule  revised,  1949,  782  §  1;  1951,  743  §§  1,  2; 
1954,  566  §  1;  paragraph  (2)  revised,  1954,  566  §  2;  paragraph  (7)  re- 
vised, 1949,  782  §  3.  (See  1949,  782  §§  2,  4,  5,  6;  1951,  743  §§  4-6; 
1954,  566  §§  3,  4.) 

Sect.  52,  second  paragraph  revised,  1938,  73  §  1. 

Sect.  54  revised,  1948,  591  §  2.     (See  1948,  591  §§  4-7.) 

Sect.  55  amended,  1949,  774  §  6. 

Chapter  36.  —  Registers  of  Deeds. 

Sect.  3  revised,  1937,  219  §  1;   1939,  214  §  3. 

Sect.  4  amended,  1947,  352  §  2. 

Sect.  5  revised,  1947,  352  §  1. 

Sect.  11  revised,  1947,  449  §  2.     (See  1947,  449  §  7.) 

Sect.  13A  amended,  1951,  191. 

Sect.  15  revised,  1949,  395  §  1.    (See  1949,  395  §  3;   1950,  182,  350.) 

Sect.  18A  added,  1947,  256  §  2  (authorizing  registers  and  assistant 
registers  to  print  or  type  names  of  persons  on  filed  instruments  if  not 
clearly  legible). 

Sect.  24,  first  sentence  amended,  1955, 306  §  2;  sentence  added  at  end, 
1952,  245. 

Sect.  24 A  added,  1941,  89  (authorizing  the  recording  of  certified 
copies  of  petitions,  decrees  and  orders  filed  or  made  pursuant  to  the 
federal  bankruptcy  laws  and  thereby  giving  effect  to  certain  provi- 
sions of  said  laws). 

Sect.  24B  added,  1945,  569  §  1  (relative  to  the  furnishing  of  abstract 
cards  and  photostatic  copies  of  recorded  instruments  in  the  Norfolk 


1020  Changes  in  the  [Chaps.  37-39. 

county  registry  of  deeds  and  Norfolk  registry  district  to  the  assessors  of 
municipalities  of  said  county);  first  paragraph  revised,  1949,  189;  sec- 
tion revised,  1950,  539  §  1. 
Sect.  28  amended,  1952,  250  §  1.    (See  1952,  250  §  3.) 
Sect.  31  repealed,  1952,  250  §  2.    (See  1952,  250  §  3.) 
Sect.  33,  paragraph  added  at  end,  1948,  664  §  2;  revised,  1952,  543. 

Chapter  37.  —  Sheriffs. 

Sect.  2  revised,  1937,  219  §  2. 

Sect.  17  amended,  1945,  63;  1946,  121. 

Sect.  21  revised,  1943,  159  §  1.  (See  1943,  159  §  2.) 

Sect.  22  amended,  1932,  180  §  5. 

Sect.  23  amended,  1936,  31  §  2;  repealed,  1937,  148. 

Chapter  38.  —  Medical  Examiners. 

Sect.  1,  paragraph  in  lines  70-76  amended,  1939,  260;  1947,  69  §  1; 
section  amended,  1939,  451  §  6;   paragraph  added  at  end,  1952,  44. 

Sect.  2,  last  sentence  revised,  1945,  632  §  1. 

Sect.  2A  added,  1943,  153  §  1  (authorizing  associate  medical  exam- 
iners in  Barnstable  County  to  perform  the  duties  of  medical  examiner 
thereof  in  certain  cases) ;  repealed,  1945,  632  §  2.    (See  1943,  153  §  2.) 

Sect.  3  revised,  1939,  214  §  4. 

Sect.  5,  first  three  sentences  revised,  1947,  579;  first  sentence  re- 
vised, 1955,  422;  third  sentence  amended,  1949,  510;  last  sentence 
revised,  1945,  632  §  3. 

Sect.  6  amended,  1939,  475;  revised,  1945,  632  §  4. 

Sect.  7  amended,  1941,  366;  revised,  1945,  632  §  5;  amended,  1953, 
319  §  6;  last  sentence  revised,  1950,  143.    (See  1953,  319  §§  39,  40.) 

Sect.  8  revised,  1932,  118  §  1;  amended,  1939,  30  §  1.  (See  1939, 
30  §  2.) 

Sect.  9  amended,  1953,  319  §  7.    (See  1953,  319  §§  39,  40.) 

Sect.  11  amended,  1941,  499. 

Sect.  18  revised,  1953,  320;   1955,  162. 

Sect.  19  revised,  1945,  632  §  6. 

Chapter  39.  —  Municipal  Governnrent. 

Sect.  6A  added,  1952,  259  §  1  (relative  to  salaries  of  certain  mayors, 
city  councillors  and  aldermen).     (See  1952,  259  §  4.) 

Sect.  8A  added,  1950,  132  §  1  (relative  to  the  removal  of  certain 
officers  of  cities  by  the  city  council).     (See  1950,  132  §  2.) 

Sect.  10  amended,  1935,  403  §  1;  1939,  182;  sentence  inserted  after 
third  sentence,  1949,  152  §  1;  fifth  and  sixth  sentences  revised,  1954, 
32.    (See  1935,  403  §  2.) 

Sect.  14,  first  and  second  paragraphs  revised,  1943,  453  §§1  and  2, 
respectively;   paragraph  added  at  end,  1949,  152  §  2. 

Sect.  16,  first  paragraph  revised,  1950,  56. 

Sect.  19  repealed,  1934,  39  §  1. 

Sect.  20  amended,  1934,  39  §  2. 

Sect.  23  amended,  1934,  39  §  3. 


Chap.  40.]  GENERAL   LaWS.  1021 


Chapter  40.  —  Powers  and  Duties  of  Cities  and  Towns. 

For  temporary  legislation  relative  to  the  appointment  of  veterans  to 
civil  service  employments  under  the  apprentice  training  provisions  of 
the  G.  I.  Bill  of  Rights,  so  called,  see  1946,  586;   1947,  673;   1948,  392. 

For  temporary  legislation  relative  to  the  emergency  housing  com- 
mission and  to  local  boards  of  appeals,  see  1946,  592;  1947,  609;  1948, 
567. 

Sect.  4,  third  paragraph  revised,  1932,  271  §  6;  section  amended, 
1941,  351  §  3;  1951,  798  §  1;  paragraph  added  at  end,  1946,  358  §  1; 
1950,  521;  same  paragraph  amended,  1954,  33;  paragraph  added  at 
end,  1951,  798  §  2.    (See  1932,  271  §  7;   1951,  798  §  8.) 

Sect.  4A  added,  1945,  438  (authorizing  cities  and  towns  and  certain 
districts  to  make  agreements  relative  to  the  performance  of  certain 
pubhc  services).    (See  1955,  760  §  3.) 

Sect.  4B  added,  1951,  25  §  3  (relative  to  advertising  for  proposals  for 
certain  contracts  of  towns);  sentence  added  at  end,  1951,  678. 

Sect.  5,  clause  (1)  amended,  1933,  318  §  3  (see  1933,  318  §  9);  1935 
106;  revised,  1935,  179;  amended,  1951,  798  §  3  (see  1951,  798  §  8) 
amended,  1939,  19;  1945,  391  §  2;  1948,  174;  1950,  157;  1946,  358  §  2 
1953,  149;  revised,  1953,  209;  1955,  291,  385;  clause  (2)  amended, 
1936,  390;  1950,  478;  clause  (5 A)  added,  1938,  172  §  1  (authorizing 
appropriations  to  establish  a  water  supply);  clause  (11)  revised,  1946, 
358  §  3;  526;  clause  (12)  amended,  1932,  il4  §  3;  1933,  153  §  2,  245  §  2; 
revised,  1936,  132  §  1,  163;  amended,  1941,  217  §  2;  1943,  99;  1946, 
409  §  2;  1947,  144;  revised,  1947,  468  §  2;  amended,  1948,  445  §  1; 
1949,  118  §  2;  revised,  1950,  27  §  2;  amended,  1954,  627  §  16;  1950, 
354  §  2,  492  §  2;  1951,  718;  1955,  271  §  1;  clause  (16A)  added,  1946, 
358  §  4  (authorizing  appropriations  for  the  employment  of  legal  counsel 
for  general  purposes);  clause  (19A)  added,  1955,  85  §  1  (authorizing 
cities  and  towns  to  construct,  operate  and  maintain  incinerators  and  to 
appropriate  funds  for  same) ;  clause  (20)  amended,  1946,  358  §  5;  clause 
(23)  revised,  1948,  660  §  24  (see  1948,  660  §  26);  amended,  1949,  761 
§  11;  clause  (25A)  added,  1946,  358  §  6  (authorizing  appropriations  for 
the  maintenance  and  supervision  of  beaches  and  swimming  pools 
for  recreation  and  physical  exercise);  revised,  1948,  89;  clause 
(26)  amended,  1946,  358  §  7;  clause  (27)  revised,  1946,  358  §  8; 
clause  (28)  revised,  1936,  211  §  5  (see  1936,  311  §  7);  amended,  1947,  340 
§  5;  revised,  1953,  674  §  9;  clause  (29)  amended,  1953,  535  §  1;  clause 
(33)  revised,  1946,  358  §  9;  clause  (34)  amended,  1951,  149;  clause  (36A) 
added,  1949,  163  (authorizing  appropriations  for  suppression  and  eradi- 
cation of  ragweed);  1950,  141;  clause  (37)  revised,  1943,  177  §  1  (see 
1943,  177  §  2;  1947,  635) ;  clause  (38)  added,  1934,  154  §  1  (authorizing 
appropriations  for  protection  of  interests  in  real  estate  held  under  tax 
title  or  taking) ;  clause  (39)  added,  1935,  28  (authorizing  appropriations 
for  the  purpose  of  co-operating  with  the  federal  government  in  certain 
unemployment  relief  and  other  projects);  clause  (40)  added,  1937,  185 
(authorizing  appropriations  for  eyeglasses  for  needy  school  children); 
clause  (40A)  added,  1947,  525  (authorizing  appropriations  for  payment 
of  expenses  incurred  by  or  in  behalf  of  certain  injured  school  children); 
clause  (40B)  added,  1952,  247  §  1  (authorizing  appropriations  for  pay- 
ment of  certain  expenses  incurred  for  injuries  sustained  by  school  pupils 
in  shop  or  laboratory  work);  clause  (41)  added,  1938,  142  §  1  (author- 


1022  Changes  in  the  [Chap.  40. 

izing  cities  and  towns  to  appropriate  money  for  stocking  inland  waters 
heraia  with  fisti  and  for  liberating  game  therein);  amended,  1941,  599 
§  4;  1950,  101;  clause  (42)  added,  1951,  113  (allowing  the  granting  of 
token  awards  by  a  playground  or  recreation  commission);  clause  (43) 
added,  1952,  118  (allowing  the  granting  of  awards  to  municipal  em- 
ployees for  suggestions  relative  to  the  improvement  of  municipal  serv- 
ices) ;  clause  (44)  added,  1952,  239  (authorizing  appropriations  for  the 
payment  of  premiums  for  group  life  insurance  for  permanent  employees) ; 
clause  (44A)  added,  1955,  760  §  2;  clause  (45)  added,  1953,  576  §  2 
(authorizing  appropriations  for  erecting  and  maintaining  public  bath 
houses  in  public  beach  districts) ;  clause  (46)  added,  1954,  149  (authoriz- 
ing appropriations  for  certain  celebrations);  clause  (47)  added,  1954, 
297  §  2  (authorizing  appropriations  for  the  establishment  of  business 
and  industrial  commissions);  clause  (48)  added,  1955,  716  §  1  (authoriz- 
ing cities  and  towns  to  construct,  maintain  and  operate  outdoor  artificial 
ice  skating  rinks).    (See  1938,  142  §  2;  1954,  627  §§  65,  67.) 

Sect.  5A  added,  1936,  40  (providing  for  the  establishment  of  reserve 
funds  for  cities);  amended,  1937,  34;   1949,  135. 

Sect.  5B  added,  1945,  124  (authorizing  cities  and  towns  to  appro- 
priate monej^  for  a  stabilization  fund). 

Sects.  6C  and  6D  added,  1943,  225  (relative  to  the  removal  by  cities 
and  towns  of  snow  and  ice  from  private  ways  therein  open  to  public  use) . 

Sect.  6E  added,  1950,  538  (relative  to  the  repair  b}^  cities  and  towois 
of  private  ways  therein  open  to  public  use);  amended,  1951,  299. 

Sect.  6F  added,  1953,  386  §  1  (further  regulating  the  repair  by  cities 
and  towns  of  private  ways  therein  open  to  pubhc  use). 

Sect.  8 A  added,  1954,  297  §  1  (authorizing  cities  and  towns  to  es- 
tablish commissions  to  promote  business  and  industry) ;  second  para- 
graph amended,  1955,  102  §  1.    (See  1954,  511;  1955,  102  §  2.) 

Sect.  9  amended,  1933,  245  §  3;  1935,  305;  1936,  271;  first  para- 
graph revised,  1946,  51;  209  §  2;  409  §  3;  1947,  468  §  3;  671;  amended, 
1949,  118  §  3;  revised,  1949.  343  §  1;  paragraph  added  at  end,  1937, 
255;  section  revised,  1949,  563  §  1;  amended,  1950,  303;  1952,  115, 
443;   1953,  469,  175.    (See  1949,  343  §  2.) 

Sect.  9A  repealed,  1949,  563  §  2. 

Sect.  11  amended,  1941,  490  §  9;   1953,  535  §  2;    1948,  355. 

Sect.  IIA  added,  1953,  576  §  3  (relative  to  the  forming  of  public 
beach  districts  by  cities). 

Sect.  12A  repealed,  1941,  598  §  5. 

Sects.  12B-12G  added,  1953,  576  §  1  (authorizing  cities  and  towns  to 
form  public  beach  districts.) 

Sect.  13,  paragraph  added  at  end,  1941,  130. 

Sect.  14  revised,  1933,  283  §  1. 

Sect.  15A  added,  1951,  798  §  4  (authorizing  cities  and  towns  to 
transfer  certain  land  in  certain  cases);  revised,  1954,  105.  (See  1951, 
798  §  8.) 

Sect.  17  amended,  1933,  254  §  2.    (See  1933,  254  §  66.) 

Sect.  21  amended,  1953,  319  §  8;  clause  (16)  added,  1941,  346  §  1; 
clause  (17)  added,  1949,  98;  amended,  1951,  352;  clause  (18)  added, 
1952,  594;  clause  (19)  added,  1953,  402;  amended,  1955,  24;  clause  (20) 
added,  1954,  213.    (See  1953,  319  §§  39,  40.) 

Sect.  21A  added,  1951,  798  §  5  (authorizing  cities  and  towns  to  es- 
tablish work  weeks  and  hours  for  certain  municipal  employees).  (See 
1951,  798  §  8.) 


Chap.  40.]  GENERAL  LawS.  1023 

Sect.  21B  added,  1955,  294  (providing  for  the  adjustment  of  certain 
grievances  of  certain  employees  of  cities  and  towns) . 

Sect.  22,  paragraph  added  at  end,  1949,  644  §  1;  same  paragraph 
amended,  1955,  458  §  1. 

Sect.  22A  added,  1947,  442  §  1  (authorizing  the  installation  and 
operation  of  parking  meters  in  cities  and  towns);  sentence  added  at 
end,  1949,  644  §  2;  sentence  added  at  end,  1952,  592;  1955,  458  §  2. 

Sect.  22B  added,  1949,  776  (authorizing  the  use  of  receipts  from 
parking  meters  for  the  acquisition  and  maintenance  of  off-street  park- 
ing areas  and  facilities) ;  amended,  1953,  92. 

Sect.  22C  added,  1951,  326  (relative  to  parking  meters  in  off-street 
parking  lots). 

Sects.  25-33.  For  special  zoning  provisions  for  Boston,  see  1924, 
488  and  amendments  prior  to  1932;  1932,  143;  1933,  204;  1943,  210; 
1936,  240;    1941,  373;    1946,  198. 

Sects.  25-30A  stricken  out,  and  new  sections  25-30A  (municipal 
zoning  laws)  inserted,  1933,  269  §  1.     (See  1933,  269  §  4.) 

Sect.  25,  first  paragraph  amended,  1950,  325  §  1. 

Sect.  26  amended,  1952,  438. 

Sect.  27  revised,  1941,  320. 

Sect.  27A  added,  1938,  133  §  1  (to  prevent  multiplicity  of  proposals 
for  the  same  change  in  zoning  ordinances  or  by-laws). 

Sect.  28  revised,  1941,  176. 

Sect.  30,  first  paragraph  (as  appearing  in  1933,  269  §  1)  amended, 
1945,  167;  second  paragraph  (as  so  appearing)  amended,  1951,  205; 
paragraph  in  lines  54-60  (as  appearing  in  1933,  269  §  1)  stricken  out 
and  two  paragraphs  added,  1941,  198  §  1;  paragraph  in  lines  61-70 
(as  so  appearing)  amended,  1935,  388  §  1;  clause  (1)  in  Hnes  72-76  (as 
so  appearing)  revised,  1941,  198  §  2;  paragraph  in  lines  80-90  (as  so 
appearing)  amended,  1935,  388  §  2;  next  to  last  paragraph  amended, 
1953,  102.    (See  1941,  198  §  3.) 

Sects.  25-30.    Temporarily  affected,  1951,  307. 

Sect.  30A  stricken  out  and  reinserted  as  section  30B  and  new  sec- 
tion 30A  inserted,  1938,  133  §  2  (to  prevent  multiplicity  of  proposals 
for  the  same  change  in  the  application  of  zoning  ordinances  or  by-laws). 

Sect.  30B,  sentence  added  at  end,  1950,  325  §  2. 

Sects.  25-30B  stricken  out,  1954,  368  §  1.    (See  1954,  368  §  3.) 

Sect.  32  revised,  1933,  185  §  1;  amended,  1941,  520  §  1;  revised, 
1952,  337.    (See  1933,  185  §  2;   1941,  520  §  2.) 

Sect.  38  revised,  1938,  172  §  2;  paragraph  added  at  end,  1941, 
465  §  1. 

Sects.  39A-39G  added,  1938,  172  §  3  (authorizing  the  establishment 
and  maintenance  of  water  supply  and  distributing  sj'^stems). 

Sect.  39A  revised,  1941,  465  §  2. 

Sect.  39H  added,  1943,  125  (authorizing  cities,  towns  and  districts, 
through  their  water  departments,  and  water  companies,  to  aid  similar 
municipal  and  other  corporations  relative  to  their  water  supply). 

Sect.  40  revised,  1933,  314;   1945,  606. 

Sect.  41A  added,  1949,  793  (authorizing  certain  governmental  agen- 
cies to  restrain  the  use  of  water  during  an  emergency). 

Sect.  42A  revised,  1932,  197  §  2;  amended,  1936,  42  §  1;  revised, 
1938,  415  §  1;  amended,  1941,  380  §  1;  first  three  sentences  stricken 
out  and  two  sentences  inserted,  1954,  487  §  1.  (See  1932,  197  §3; 
1938,  415  §  7;  1941,  380  §  7;  1954,  487  §  3.) 


1024  Changes  in  the  [Chaps.  40A-41. 

Sect.  42B  amended,  1935,  56  §  1;  revised,  1936,  42  §  2;  1938,  415 
§  2;  revised,  1941,  380  §  2;  sentence  inserted  after  fourth  sentence, 
1947,  132;  section  revised,  1954,  487  §  2.  (See  1935,  56  §  2;  1938, 
415  §  7;   1941,  380  §  7;   1954,  487  §  3.) 

Sect.  42C  amended,  1935,  248  §  1;  revised,  1938,  415  §  3;  1941, 
380  §  3;  1954,  487  §  2.    (See  1938,  415  §  7;  1941,  380  §  7;  1954,  487  §  3.) 

Sect.  42D,  last  sentence  revised,  1935,  248  §  2;  section  revised,  1938, 
415  §  4;  1941,  380  §  4;  second  paragraph  amended,  1950,  80;  section 
revised,  1954,  487  §  2.  (See  1938,  415  §  7;  1941,  380  §  7;  1954,  487  § 
3.) 

Sect.  42E,  last  sentence  amended,  1932,  180  §  6;  same  sentence  re- 
vised, 1939,  451  §  7;  section  amended,  1941,  380  §  5.  Affected,  1938, 
415  §  7.     (See  1941,  380  §  7.) 

Sect.  42F  affected,  1938,  415  §  7;   1941,  380  §  7. 

Sects.  42G-42I  added,  1955,  332  (to  authorize  the  levy  of  special 
assessments  to  meet  the  cost  of  laying  water  pipes  in  public  and  private 
ways). 

Sect.  421,  first  sentence  revised,  1955,  639. 

Sect.  43A  (relative  to  pipe  lines  for  conveying  petroleum  and  its 
products  and  by-products)  added  under  the  heading  "petroleum  and 
ITS  products  and  by-products",  1941,  678  §  2. 

Sect.  51  revised,  1937,  196;  two  sentences  added  at  end,  1945,  340; 
section  revised,  1946,  584  §  3.     (See  1946,  584  §  22.) 

Chapter  40A.  —  Zoning  Regulations. 

New  chapter  inserted,  1954,  368  §  2.     (See  1954,  368  §  3.) 

Sect.  13  revised,  1955,  325  §  1. 

Sect.  14,  last  sentence  revised,  1954,  551  §  1.    (See  1954,  551  §  2.) 

Sect.  15,  paragraph  1  revised,  1955,  325  §  2. 

Sect.  19,  second  paragraph  revised,  1955,  349. 

Chapter  40B.  —  Regional  Planning. 
New  chapter  inserted,  1955,  374. 

Sect.  2  revised,  1955,  656  §  1.    (See  1955,  656  §  3.) 

Sect.  3,  first  sentence  revised,  1955,  656  §  2.    (See  1955,  656  §  3.) 

Chapter  41.  — Officers  and  Employees  of  Cities,  Towns  and  Districts. 

Sect.  1,  first  paragraph  revised,  1943,  453  §  3;  paragraph  in  line  10 
revised,  1934,  155  §  1;  paragraph  in  line  11  revised,  1953,  267  §  1; 
paragraph  in  lines  15,  16  revised,  1939,  129;  paragraph  in  line  25  re- 
vised, 1939,  3;  paragraph  in  lines  26,  27  revised,  1955,  33;  paragraph 
added  at  end,  1938,  341  §  2. 

Sect.  4A,  sentence  added  at  end,  1951,  6. 

Sect.  5  amended,  1934,  39  §  4. 

Sect.  10  revised,  1954,  201. 

Sect.  11  amended,  1938,  341  §  3. 

Sect.  13  amended,  1936,  18;   1937,  143  §  1. 

Sect.  13A  added,  1932,  289  §  5  (provisions  relative  to  bonds  of  city 
clerks).  [For  prior  legislation,  see  G.  L.  chapter  140  §  148,  repealed 
by  1932,  289  §  6.] 


Chap.  41.]  GENERAL  LaWS.  1025 

Sect.  13B  added,  1954,  139  (relative  to  the  renewal  of  licenses  and 
permits  in  certain  cities). 

Sect.  15A  revised,  1949,  136. 

Sect.  17  revised,  1954,  83. 

Sects.  ISA  and  18B  added,  1948,  56  (providing  that  the  records  of 
city  clerks  may  be  attested  by  the  volume  and  that  a  facsimile  of  the 
signature  of  the  city  clerk  shall  be  valid  in  certain  cases). 

Sect.  19,  last  sentence  revised,  1938,  66;  same  sentence  amended, 
1945,  245;  sentence  added  at  end,  1947,  391. 

Sect.  19A  added,  1933,  70  §  1  (requiring  the  filing  with  the  state 
secretary  of  certificates  of  appointment  or  election  of  clerks  or  assistant 
or  temporary  clerks  of  cities  or  towns,  and  granting  authority  to  said 
secretary  to  authenticate  attestations  of  any  such  officer).  (See  1933, 
70  §  2.) 

Sects.  19B-19E  added,  1950,  388  (relative  to  the  tenure  of  office  of 
city  and  town  clerks). 

Sect.  21,  first  paragraph  revised,  1953,  101  §  2;  last  paragraph  re- 
vised, 1934,  155  §  2.    (See  1934,  155  §  4.) 

Sect.  24,  paragraph  added  at  end,  1945,  136  §  1;  section  revised,  1951, 
364;   1953,  267  §  2.    (See  1945,  136  §  2.) 

Sect.  24A  repealed,  1937,  129  §  1. 

Sect.  25  revised,  1937,  129  §  2. 

Sect.  25A  revised,  1937,  129  §  3;  first  sentence  revised,  1950,  151; 
third  sentence  revised,  1951,  77. 

Sect.  26  revised,  1937,  129  §  4. 

Sect.  26A  added,  1935,  149  (relative  to  employment  of  counsel  by 
boards  of  assessors  in  certain  cases);  revised,  1951,  215  §  2. 

Sect.  27  revised,  1936,  118  §  1.     (See  1936,  118  §  3.) 

Sect.  28  amended,  1939,  342  §  2. 

Sect.  30 A  added,  1946,  211  (relative  to  the  effect  of  a  vacancy  in 
the  office  of  assessor). 

Sect.  32,  sentence  added  at  end,  1950,  793  §  3. 

Sect.  33,  two  sentences  added  at  end,  1950,  793  §  4. 

Sect.  35  revised,  1937,  143  §  2;  sentence  added  at  end,  1939,  109  §  1. 

Sect.  37  revised,  1933,  82  §  2;  amended,  1934,  259  §  2. 

Sect.  38A  amended,  1936,  201;  revised,  1941,  211;  first  sentence 
revised,  1948,  197. 

Sect.  39A  added,  1939,  89  (providing  for  the  appointment  of  assistant 
treasurers  of  cities  and  towns) ;  last  sentence  revised,  1953,  55. 

Sect.  39B  added,  1943,  284  (authorizing  the  suspension  and  removal 
of  city  and  town  collectors  and  the  appointment  of  temporary  collectors 
under  certain  circumstances);  first  sentence  amended,  1951,  256. 

Sect.  40  revised,  1937,  143  §  3;  sentence  inserted  before  last  sentence, 
1951,  83. 

Sect.  43A  added,  1939,  88  (requiring  municipalities  to  indemnify 
and  protect  collectors  of  taxes  in  the  performance  of  their  duties  in 
certain  cases);  revised,  1941,  99. 

Sect.  45A  added,  1952,  79  (providing  that  the  selectmen  shall  be  the 
commissioners  of  trust  funds  in  certain  small  towns). 

Sect.  49A  added,  1948,  211  (providing  for  the  appointment  of  an 
assistant  by  auditors,  accountants,  and  officers  having  similar  duties, 
of  cities  and  towns). 

Sect.  53,  last  sentence  revised,  1948,  84. 


1026  Changes  in  the  [Chap.  41. 

Sect.  54A  amended,  1936,  62. 

Sect.  56  revised,  1950,  65. 

Sect.  59  amended,  1936,  94. 

Sect.  61A  revised,  1937,  143  §  4. 

Sect.  66  revised,  1934,  155  §  3. 

Sects.  69A  and  69B  added,  1938,  172  §  4  (relative  to  the  establish- 
ment and  powers  and  duties  of  boards  of  water  commissioners  in  certain 
towns). 

Sects.  69C-69F  added,  1953,  101  §  1  (relative  to  the  establishment 
in  towns  of  a  department  of  public  works  exercising  the  powers  of 
certain  other  departments  and  town  officers). 

Sect.  69E  amended,  1954,  45. 

Sect.  70,  paragraph  added  at  end,  1936,  211  §  1;  amended,  1947, 
340  §  1.    (See  1936,  211  §  7.) 

Sect.  71  amended,  1943,  266;  1953,  409  §  6. 

Sect.  72  revised,  1936,  211  §  2;  first  sentence  amended,  1947,  340  §  2; 
1953,  674  §  1.    (See  1936,  211  §  7.) 

Sect.  73,  paragraph  added  at  end,  1936,  211  §  3;  amended,  1947, 
340  §  3;  two  sentences  added  at  end,  1953,  674  §  8.  (See  1936,  211  § 
7.) 

Sects.  81A-81J  added,  under  caption  "improved  method  of  munic- 
ipal planning",  1936,  211  §  4.    (See  1936,  211  §  7.) 

Sect.  81  A,  last  paragraph  revised,  1938,  113. 

Sects.  81A-81J  stricken  out  and  sections  81A  to  81Y  inserted,  1947, 
340  §  4. 

Sect.  81B  amended  and  paragraph  added  at  end,  1953,  674  §  2. 

Sect.  81C  amended,  1953,  409  §  7. 

Sect.  81D,  sentence  inserted  after  second  sentence,  1954,  643  §  1. 

Sect.  8 IE,  three  paragraphs  added  at  end,  1953,  674  §  3. 

Sect.  81F,  sentence  added  at  end,  1953,  674  §  4. 

Sect.  81G  revised,  1953,  674  §  5. 

Sect.  81J,  first  sentence  amended  and  sentence  inserted  after  third 
sentence,  1953,  674  §  6. 

Sects.  81K  to  81Y  stricken  out  and  sections  81K  to  81GG  inserted,  under 
caption  "  Subdivision  Control",  1953,  674  §  7.     (See  1953,  674  §  11.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1952. 

Sect.  81L,  definition  of  "Industrial"  stricken  out,  1955,  411  §  2. 

Sect.  81P,  first  sentence  revised,  1955,  326  §  1 ;  sentence  added  at  end, 
1955,  326  §  2. 

Sect.  81Q,  first  sentence  revised,  1955,  370. 

Sect.  81R,  second  paragraph  stricken  out,  1955,  411  §  1. 

Sect.  81U,  last  sentence  revised,  1955,  324. 

Sect.  81BB,  paragraph  added  at  end,  1955,  348. 

Sect.  86  amended,  1939,  261  §  5. 

Sect.  87A  added,  1954,  386  (providing  for  the  appointment  of  certain 
employees  of  the  registry  of  motor  vehicles  as  weighers  and  measurers) . 

Sect.  9 IB  added,  1933,  128  (further  regulating  the  appointment  of 
constables). 

Sect.  96A  added,  1938,  342  (disqualifying  felons  from  appointment 
to  the  police  forces  or  departments  of  cities,  towns  and  districts). 

Sect.  97A  added,  1948,  540  (relative  to  the  establishment  of  police 
departments  in  certain  towns) ;  revised,  1948,  595. 


Chap.  41.]  GENERAL  LawS.  1027 

Sect.  98  amended,  1953,  319  §  9;  third  sentence  revised,  1954, 
162  §  1.    (See  1953,  319  §§  39,  40.) 

Sect.  99  amended,  1932,  124;  revised,  1951,  214. 

Sect.  100,  sentence  added  at  end,  1933,  324  §  3;  section  amended, 
1938,  298;  revised,  1945,  670;  second  sentence  revised,  1950,  337; 
sentence  inserted  after  second  sentence,  1950,  398;  sentence  inserted 
before  last  sentence,  1950,  550;  same  sentence  amended,  1955,  168; 
last  sentence  revised,  1950,  412  §  1.     (See  1950,  412  §  2.) 

Sect.  lOOA  amended,  1933,  318  §  4;  1934,  291  §  3;  1945,  391  §  1; 
1949,  128.     (See  1933,  318  §§  8,  9;  1934,  291  §  6;  1945,  391  §  3.) 

Sect.  lOOB  added,  1953,  628  §  1  (providing  for  the  indemnification 
by  cities  and  towns  of  certain  retired  police  officers  and  firefighters  for 
certain  hospital,  medical  and  surgical  expenses).    (See  1953,  628  §  2.) 

Sect.  105  amended,  1936,  132  §  2;  sentence  added  at  end,  1954, 
627  §  17.    (See  1954,  627  §§  65,  67.) 

Sect.  107,  second  sentence  revised,  1953,  44;  1955,  123. 

Sect.  108  revised,  1947,  540  §  1. 

Sect.  108A  added,  1947,  540  §  2  (authorizing  cities  and  towns  to 
establish  salary  plans  for  certain  employees  thereof) ;  revised,  1948,  351. 

Sect.  108B  added,  1949,  235  (providing  for  additional  compensation 
and  expenses  for  assessors  and  collectors  in  towns  for  assessing  and 
collecting  district  taxes). 

Sect.  108C  added,  1954,  295  §  2  (relative  to  rules  and  regulations 
promulgated  in  connection  with  compensation  plans  for  municipal 
officers  and  employees  and  municipal  personnel  administration). 

Sect.  110,  sentence  added  at  end,  1950,  242. 

Sect.  IIOA  added,  1947,  265  (authorizing  the  closing  of  pubhc  ofiices 
in  cities  and  towns  on  Saturdays). 

Sect.  Ill  revised,  1932,  109;  amended,  1936,  242;  revised,  1937,  15; 
1941,  368;  fourth  sentence  stricken  out  and  two  sentences  inserted, 
1943,  280;  first  paragraph  revised,  1946,  301;  same  paragraph  stricken 
out  and  three  paragraphs  inserted,  1948,  330  §  1;  same  three  para- 
graphs stricken  out  and  one  paragraph  inserted,  1949,  475  §  1;  same 
paragraph  revised,  1951,  242  §  1.    (See  1948,  330  §  2;   1951,  242  §  2.) 

Sect.  lllA  amended,  1934,  107;  revised,  1949,  172. 

Sect.  11  IB  added,  1945,  156  (providing  sick  leaves  for  laborers,  work- 
men and  mechanics  regularly  employed  by  certain  cities  and  towns); 
amended,  1946,  187;  sentence  added  at  end,  1949,  686. 

Sect.  IIIC  added,  1945,  348  (authorizing  attendance  at  funerals  or 
memorial  services  of  war  veterans  by  certain  municipal  employees  with- 
out loss  of  pay) ;  revised,  1953,  179. 

Sect.  HID  added,  1949,  384  (relative  to  vacations  without  loss  of 
pay  for  regular  members  of  police  and  fire  forces  in  certain  cities  and 
towns).     See  1950,  36  §  1. 

Sect.  lllE  added,  1949,  475  §  2  (providing  for  payment  of  compen- 
sation to  certain  municipal  emploj'^ees  and  their  beneficiaries  in  lieu  of 
vacations  in  certain  cases);  amended,  1953,  436  §  2;  revised,  1954,  13. 

Sect.  11  IF  added,  1952,  419  (providing  injured  leave  for  certain  in- 
capacitated police  officers  and  firefighters). 

Sect.  IIIG  added,  1952,  488  (relative  to  annual  vacations  for  cer- 
tain employees  of  certain  cities  and  towns). 

Sect.  IIIH  added,  1953,  293  (relative  to  overtime  service  by  poUce 
officers  of  cities  and  towns);  revised,  1954,  573  §  1.  (See  1954,  573  §  2.) 


1028  Changes  in  the  [Chaps.  42, 43. 

Sect.  1111  added,  1953,  436  §  3  (relative  to  the  payment  of  salaries, 
wages  or  other  sums  owing  by  cities  and  towns  upon  the  death  of 
their  officers  and  employees) ;    revised,  1954,  562  §  3.    (See  1953, 436  §  7.) 

Sect.  112  revised,  1954,  627  §  18.    (See  1954,  627  §§  65,  67.) 

Sect.  112A  added,  1947,  276  (regulating  the  separation  from  the 
service  of  certain  cities  and  towns  of  certain  war  veterans  holding 
unclassified  offices  or  positions). 

Sect.  119,  two  sentences  added  at  end,  1950,  137;  paragraph  added 
at  end,  1950,  779. 

Sect.  120  added,  1949,  133  §  1  (establishing  the  financial  year  of 
fire,  water,  light  and  improvement  districts).     (See  1949,  133  §  2.) 

Sect.  121  added,  1950,  211  (requiring  the  treasurer  of  fire,  water, 
light  and  improvement  districts  to  be  bonded). 

Chapter  42.  —  Boundaries  of  Cities  and  Towns. 

Boundary  line  between  Saugus  and  Wakefield  (portion)  established, 
1933,  298;  between  Woburn  and  Reading  (portion)  established,  1934, 
177;  between  Oak  Bluffs  and  Tisbury  (portion)  established,  1935,  145; 
between  Brewster  and  Orleans  (portion)  established,  1935,  356;  between 
Middleton  and  Topsfield  established,  1936,  96;  between  Foxborough 
and  Walpole  established,  1937,  140;  between  Edgartown  and  Oak 
Bluffs  (portion)  estabhshed,  1937,  265;  between  Arlington  and  Bel- 
mont (portion)  estabhshed,  1938,  371;  between  Rochester  and  Ware- 
ham  and  between  Marion  and  Wareham  (portion)  established,  1939, 
279;  between  Fitchburg  and  Leominster  (portion)  established,  1941, 
37,  698;  between  Bellingham  and  Franklin  estabhshed,  1941,  641; 
between  Chicopee  and  Springfield  (portion)  established,  1945,  274; 
between  Brewster  and  Dennis  and  between  Dennis  and  Harwich, 
1945,  599;  between  Reading  and  Lynnfield  (portion)  estabhshed,  1947, 
243;   between  Dennis  and  Harwich  established,  1947,  372. 

Sect.  1  revised,  1933,  278  §  3. 

Chapter  43.  —  City  Charters. 

Sect.  1,  definition  of  "Plan  D"  revised,  1948,  459  §  1;  three  para- 
graphs inserted  after  word  "inclusive"  in  line  22,  1938,  378  §  1. 

Sect.  5,  paragraph  added  at  end,  1938,  378  §  2;  same  paragraph 
revised,  1948,  459  §  2. 

Sect.  7  amended,  1939,  451  §  8;  revised,  1948,  459  §  3;  paragraph 
added  at  end,  1954,  67. 

Sect.  8,  form  of  oetition  revised,  1938, 378  §  3 ;  amended,  1948  ,459  §  4. 

Sect.  9  revised,  1941,  640  §  1;  1948,  459  §  5;  1954,  155.  (See  1941, 
640  §  7.) 

Sect.  10,  paragraph  added  at  end,  1938,  378  §  4. 

Sect.  11  revised,  1941,  640  §  2.    (See  1941,  640  §  7.) 

Sect.  15  amended,  1933,  313  §  7;  last  paragraph  amended,  1938, 
378  §  5;  section  revised,  1941,  640  §  3.     (See  1941,  640  §  7.) 

Sect.  17  revised,  1938,  378  §  6. 

Sect.  17A  added,  1952,  259  §  2  (relative  to  salaries  of  certain  mayors, 
city  councillors  and  city  managers). 

Sect.  18,  paragraph  numbered  4  inserted,  1938,  378  §  7;  amended, 
1949,  723  §  1. 

Sect.  19  revised,  1938,  378  §  8;  amended,  1948,  459  §  6. 


Chap.  43A,]  GENERAL   LaWS.  1029 

Sect.  23  amended,  1935,  68  §  1. 

Sect.  26,  first  paragraph  revised,  1937,  224  §  1;  amended,  1938, 
378  §  9. 

Sect.  28  amended,  1951,  25  §  1. 

Sect.  29  revised,  1938,  378  §  10;  first  sentence  revised,  1949,  723  §  2; 
amended,  1951,  25  §  2. 

Sect.  30  revised,  1938,  378  §  11;  first  sentence  revised,  1948,  459  §  7. 

Sect.  31  amended,  1938,  378  §  12. 

Sect.  32  amended,  1949,  318. 

Sect.  36  revised,  1938,  378  §  13. 

Sect.  42  amended,  1935,  68  §  2. 

Sect.  44A  amended,  1933,  313  §  8;  last  two  sentences  stricken  out, 
and  paragraph  added  at  end,  1934,  30;  first  paragraph  revised,  1938, 
378  §  14;  last  sentence  of  first  paragraph  stricken  out,  1941,  640  §  4. 
(See  1941,  640  §  7.) 

Sect.  44C,  first  paragraph  amended,  1937,  147;   1943,  229  §  1. 

Sect.  44H  amended,  1932,  180  §  7;  1941,  640  §  5.    (See  1941,  640  §  7.) 

Sect.  46  amended,  1939,  451  §  9. 

Sect.  50A  added,  1936,  135  (relative  to  the  filling  of  vacancies  in  the 
citv  council  in  cities  having  a  Plan  A  form  of  charter). 

Sect.  51  repealed,  1952,  259  §  3. 

Sect.  56  amended,  1937,  224  §  2. 

Sect.  59A  added,  1937,  224  §  3  (relative  to  the  filling  of  vacancies  in 
the  city  council  in  cities  having  a  Plan  B  form  of  charter) ;  two  para- 
graphs inserted  before  first  paragraph,  1955,  222. 

Sect.  62  repealed,  1952,  259  §  3. 

Sect.  78  repealed,  1952,  259  §  3. 

Sects.  79-92  stricken  out  and  new  sections  79-92A  (relative  to 
Plan  D  form  of  charter)  inserted,  1948,  459  §  8. 

Sect.  87  repealed,  1952,  259  §  3. 

Sects.  93-116  added,  under  the  heading  "Plan  E.  —  Government 

BY  A  CITY  COUNCIL  INCLUDING  A  MAYOR  ELECTED  FROM  ITS  NUMBER, 
AND  A   CITY   MANAGER,   WITH   ALL   ELECTIVE   BODIES   ELECTED   AT  LARGE 

BY  PROPORTIONAL  REPRESENTATION",  1938,  378  §  15  (providing  an  ad- 
ditional optional  standard  form  of  city  charter  under  which  substantial 
control  of  the  city  government  is  vested  in  a  city  council  elected  at 
large  by  proportional  representation,  with  a  city  manager  appointed 
and  removable  at  pleasure  by  the  city  council). 

Sects.  93-116  repealed  in  so  far  as  they  provide  for  election  by  pro- 
portional representation  of  city  councils  and  school  committees,  1949, 
661  §  1;  1952,  281  §  1.  (See  1949,  661  §§  lA-3;  1952,  281  §  2;  1953, 
118.) 

Sect.  100  amended,  1941,  722  §  5. 

Sect.  101  repealed,  1952,  259  §  3. 

Sect.  102  amended,  1941,  722  §  6. 

Sect.  103,  first  paragraph  amended,  1950,  353. 

Sect.  110,  first  paragraph  amended,  1949,  181;  form  of  petition 
amended,  1941,  722  §  7. 

Sect.  114,  last  sentence  revised,  1952,  78. 

Chapter  43A.  —  Standard  Form  of  Representative  Town  Meeting 
Government. 

Sect.  3,  first  paragraph  amended,  1937,  267  §  2. 
Sect.  4,  first  paragraph  amended,  1936,  128. 


1030  Changes  in  the  [Chap.  44. 

Sect.  6  revised,  1943,  1  §  1;    1943,  453  §  4;    amended,  1945,  359; 
next  to  last  sentence  amended,  1947,  291.    (See  1943,  1  §  2.) 
Sect.  8,  first  sentence  revised,  1943,  453  §  5. 

Chapter  44.  —  Municipal  Finance. 

For  temporary  legislation  establishing  an  emergency  finance  board 
in  the  department  of  the  state  treasurer,  and  providing  for  the  borrow- 
ing of  money  by  cities  and  towns  against  certain  tax  titles,  see  1933 
49,  104;    1935,  221,  300,  456;    1936,  281;    1938,  57;    1939,  288,  496 
1941,   129;    1943,  413;    1945,  324;    1947,  206;    1949,  79;  1951,  438 
1953,467;  1955,262,726. 

For  legislation  enabling  cities  and  towns  to  secure  the  benefits  pro- 
vided by  the  federal  government  to  assist  them  in  pubHc  works  projects, 
see  1945,  74;  1947,  526;  1949,  327.  [For  prior  legislation,  see  1933,  366; 
1934,  21;  1935,  213,  404;  1946,  64,  83,  414;  1937,  159;  1938,  50,  82; 
1939,423;  1941,639;  1943,58.] 

For  emergency  legislation  authorizing  cities  and  towns  to  make  cer- 
tain appropriations  during  the  existing  state  of  war,  see  1943,  5  §§  1,  6; 
75  §§  1,  2,  4,  5;  1946,  10.    [For  prior  legislation,  see  1941,  487;  1942,  4.] 

For  legislation  authorizing  the  renewal  by  cities  and  towns  of  certain 
temporary  revenue  loans,  see  1947,  108;  1949,  134. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  to  the  commonwealth,  see  1943, 568;  1945, 325,  712;  1946, 615. 

For  legislation  authorizing  cities  and  towns  to  borrow,  in  the  years 
1935  to  1948,  inclusive,  on  account  of  public  welfare  and  veterans' 
benefits  (and  in  certain  of  said  years  for  additional  specified  purposes), 
see  1935,  188;  1936,  80;  1937,  107;  1938,  58;  1939,  72,  453;  1941,  92; 
1943,  44;  1945,  73;  1946,  584  §  17;  1947,  611;  1949,  90;  1951,  108; 
1953,  479;  1955,  18,  726. 

For  legislation  regulating  the  use  of  receipts  from  the  sale  by  cities 
and  towns  of  federal  surplus  commodity  stamps,  1941,  65. 

For  legislation  authorizing  cities  and  towns  to  borrow  for  remodel- 
ing, reconstructing  or  making  extraordinary  repairs  to  public  buildings, 
see  1948,  275. 

Sect.  1,  definition  of  "Revenue"  revised,  1946,  358  §  10. 

Sect.  2  revised,  1936,  224  §  4;  amended,  1946,  358  §  11.  (See  1936, 
224  §§  11,  12.) 

Sect.  4  amended,  1934,  11  §  1;  affected,  1934,  11  §§  2,  3;  amended, 
1936,  16;   1946,  358  §  12;   1947,  298  §  2. 

Sect.  4A  added,  1935,  68  §  3  (temporary  loans  by  cities  in  anticipation 
of  revenue  exempted  from  charter  provisions  relative  to  publication 
and  referendum). 

Sect.  5  amended,  1939,  37. 

Sect.  5A  amended,  1935,  68  §  4. 

Sect.  5B  added,  1943,  61  §  1  (relative  to  borrowing  for  liabiUties 
incurred  by  districts  prior  to  the  annual  appropriations). 

Sect.  7  amended,  1936,  224  §  5;  first  paragraph  amended,  1946, 
358  §  13;  1947,  207  §  1;  1948,  275  §  3;  revised,  1951,  54, 181  §  1;  clause 
(2A)  added,  1955,  716  §  2;  clause  3A  added,  1947,  207  §  2;  repealed, 
1948,  275  §  4;  clause  (4 A)  added,  1955,  85  §  2;  clause  (5)  revised, 
1947,  101;  amended,  1951,  282  §  1;  clause  (6)  amended,  1951,  282  §  2; 
clause  (12)  repealed,  1946,  358  §  14;   clause  (14)  revised,  1953,  100; 


Chap.  44.]  GENERAL  LawS.  1031 

clause  (15)  added,  1948,  383;  clause  (16)  added,  1951, 181  §  2;  amended, 
1952,  38.    (See  1936,  224  §§  11,  12.) 

Sect.  8,  clause  (3)  revised,  1938,  172  §  5;  clause  (5)  revised,  1941, 
83;  amended,  1952,  123  §  1;  clause  (6)  amended,  1952,  123  §  2;  clause 
(9)  amended,  1939,  457;  1947,  298  §  3;  clause  (13)  added,  1946,  358  §  15; 
amended,  1947, 298  § 4;  clause  (14)  added,  1954, 106.    (See  1952, 123  §  3.) 

Sect.  8A  added,  1939,  108  §  1  (providing  for  submitting  to  the  voters 
of  certain  cities  the  question  of  approving  or  disapproving  orders  author- 
izing the  issue  of  bonds,  notes  or  certificates  of  indebtedness  for  certain 
purposes).     (See  1939,  108  §  2.) 

Sect.  9  amended,  1941,  376;  1946,  384  §  1;  first  paragraph  amended, 
1950,  169;  paragraph  added  at  end,  1947,  298  §  5. 

Sect.  10  amended,  1936,  224  §  6;  1939,  24  §  1;  1946,  329;  second 
sentence  revised,  1950,  51;  section  revised,  1952,  56.  (See  1936,  224 
§§  11,  12.) 

Sect.  11  amended,  1936,  224  §  7.     (See  1936,  224  §§  11,  12.) 

Sect.  12  amended,  1936,  224  §  8;  repealed,  1946,  358  §  16.  (See 
1936,  224  §§  11,  12.) 

Sect.  13  revised,  1946,  358  §  17;  paragraph  added  at  end,  1948,  5. 

Sect.  13A  added,  1943,  61  §  2  (relative  to  the  incurring  of  liabilities 
by  districts  prior  to  the  annual  appropriations) . 

"Sect.  16,  last  sentence  stricken  out,  1936,  224  §  10.     (See  1936,  224 
§§  11,  12.) 

Sect.  17  amended,  1946,  358  §  18. 

Sect.  18  amended,  1946,  358  §  19, 

Sect.  19  amended,  1946,  358  §  20. 

Sect.  20  amended,  1946,  358  §  21;  revised,  1947,  60;  sentence  added 
at  end,  1949,  403. 

Sect.  21  amended,  1946,  358  §  22. 

Sect.  22  amended,  1936,  224  §  9.     (See  1936,  224  §§11,  12.) 

Sect.  26  amended,  1951,  265. 

Sect.  28A  added,  1951,  16  (making  certain  provisions  of  municipal 
finance  laws  applicable  to  regional  school  districts). 

Sect.  29.  As  to  tax  limit  of  Boston,  see  1932,  125;  1933,  159;  1934, 
201;   1935,284;  1936,224. 

Sect.  31  revised,  1946,  358  §  23;  1949,  138;  first  sentence  revised, 
1955,  259;  sentence  added  at  end,  1954,  46. 

Sect.  31A  added,  1941,  473  §  1  (relative  to  budgets  in  certain  cities); 
amended,  1953,  654  §  3. 

Sect.  3 IB  added,  1950,  173  (relative  to  the  liabilities  which  may  be 
incurred  by  fire,  water,  light  and  improvement  districts). 

Sect.  32,  paragraphs  added  at  end,  1938,  175  §  1,  378  §  16;  section 
revised,  1941,  473  §  2;  subdivision  (2)  of  first  paragraph  amended, 
1953,  51;  paragraph  added  at  end,  1953,  79. 

Sect.  33  revised,  1941,  473  §  3. 

Sect.  33A  stricken  out  and  new  sections  33A  and  33B  inserted,  1943, 
62  (amending  and  clarifying  the  law  relative  to  budgets  in  cities). 

Sect.  33A  revised,  1947,  298  §  1;  sentence  added  at  end,  1950,  370; 
section  revised,  1955,  358. 

Sect.  33B,  two  sentences  added  at  end,  1951,  798  §  6.  (See  1951,  798 
§8.) 

Sect.  34  revised,  1938,  170;  paragraph  added  at  end,  1941,  93. 

Sect.  35  amended,  1941,  454;  revised,  1951,  17  §  1. 


1032  Changes  in  the  [Chaps.  45, 46. 

Sect.  40  amended,  1939,  339;  first  sentence  amended,  1945,  29  §  1; 
sentence  inserted  after  first  sentence,  1947,  298  §  6;    section  revised, 

1948,  82;  1951,  17  §  2.     (See  1945,  29  §  2;  repealed  by  1946,  109.) 
Sect.  41  revised,  1946,  432  §  4. 

Sect.  43,  two  sentences  added  at  end,  1951,  276. 

Sect.  46  amended,  1953,  654  §  4. 

Sect.  46A  added,  1932,  155  (making  permanent  certain  provisions  of 
law  relative  to  investigations  of  municipal  accounts  and  financial  trans- 
actions by  the  director  of  accounts).  [For  prior  temporary  legislation, 
see  1926,  210;  1929,  335.] 

Sect.  51  amended,  1934,  355;  repealed,  1938,  458. 

Sect.  54  amended,  1933,  200;  1946,  358  §  24;  revised,  1948,  194  §  1; 

1949,  243;  amended,  1953,  83;  1954,  47. 

Sect.  55,  sentence  added  at  end,  1948,  143  §  1;  1951,  59;  section 
revised,  1953,  103. 

Sect.  55A  revised,  1948,  143  §  2,  194  §  2;  1950,  224;  amended, 
1954,  48. 

Sect.  56A  added,  1934,  229  §  1  (relative  to  the  financial  year  of 
cities).    (See  1934,  229  §§  2,  3.) 

Sect.  58  amended,  1951,  15. 

Sect.  63  amended,  1946,  358  §  25. 

Sect.  63A  added,  1955,  247  (providing  for  a  payment  in  lieu  of  taxes 
in  the  event  of  a  sale  of  real  estate  by  a  city  or  town).    (See  1955,  401.) 

Sect.  64  added,  1941,  179  (authorizing  towns  to  appropriate  money 
for  the  payment  of  certain  unpaid  bills  of  previous  years). 

Sect.  65  added,  1945,  635  §  3  (providing  for  advances  of  their  vaca- 
tion pay  to  officers  and  employees  of  cities  and  towns). 

Chapter  45.  —  Public  Parks,  Playgrounds  and  the  Public  Domain. 

Sect.  2  amended,  1941,  10  §  1. 

Sect.  14  revised,  1949,  256;  second  sentence  stricken  out  and  two 
sentences  inserted,  1955,  96. 

Sect.  17A  added,  1938,  220  (authorizing  cities  and  towns  to  use  cer- 
tain ways  therein  for  playground  purposes);  revised,  1953,  80;  1955,  1. 

Sect.  18  revised,  1954,  131. 

Chapter  46.  —  Return  and  Registry  of  Births,  Marriages  and  Deaths. 

Sect.  1,  third  sentence  of  second  paragraph  revised,  1933,  280  §  1; 
fourth  paragraph  amended,  1941,  51;  revised,  1954,  627  §  23.  (See 
1954,  627  §§  65,  67.) 

Sect.  1A  added,  1939,  61  §  1  (further  regulating  the  making  and 
recording  of  certificates  of  birth  of  certain  abandoned  children  and 
foundlings). 

Sects.  IB  and  IC  added,  1952,  72  (relative  to  filing  evidence  of  cer- 
tain births  and  deaths  occurring  without  the  commonwealth). 

Sect.  2A  added,  1933,  279  (regulating  the  impounding  of  birth  rec- 
ords of  children  born  out  of  wedlock) ;  amended,  1937,  78  §  1 ;  revised, 
1939,  269  §  1 ;   amended,  1954,  324. 

Sect.  3,  first  paragraph  amended,  1955,  95  §  1 ;  paragraph  added  at 
end,  1939,  326  §  1. 

Sect.  4 A  added,  1941,  434  (providing  for  the  verification  of  returns 
of  births). 


Chap.  48.]  GENERAL   LaWS.  1033 

Sect.  6  revised,  1939,  61  §  2. 

Sect.  7A  added,  1950,  22  (requiring  reports  of  births  in  airplanes). 

Sect.  9  amended,  1936,  100;  1945,  113;  sentence  inserted  after  first 
sentence,  1954,  137. 

Sect.  10  revised,  1954,  627  §  24.    (See  1954,  627  §§  65,  67.) 

Sect.  11,  second  sentence  stricken  out,  1955,  95  §  2. 

Sect.  12  amended,  1937,  78  §  2;  revised,  1945,  439. 

Sect.  13,  paragraph  in  first  to  sixth  hnes  amended,  1939,  61  §  3; 
second  paragraph  amended,  1933,  280  §  2;  second  paragraph  stricken 
out  and  two  new  paragraphs  inserted,  1938,  63;  first  paragraph  so  in- 
serted revised,  1943,  72  §  2;  paragraph  in  eighteenth  and  nineteenth 
fines,  as  appearing  in  Tercentenary  Edition,  amended,  1938,  97;  re- 
vised, 1953,  261  §  1;  1955,  107  §  3;  fourth  paragraph,  as  so  appearing, 
amended,  1941,  50;  same  paragraph  amended,  1945,  65;  1953,  261  §  2; 
revised,  1955,  107  §  4;  paragraph  added  at  end,  1939,  61  §  4;  paragraph 
added  at  end,  1948,  550  §  2. 

Sect.  13A  added,  1945,  542  (providing  for  the  recording  of  certain 
births  upon  the  determination  of  facts  relating  thereto  by  a  probate 
court). 

Sect.  16  amended,  1941,  351  §  4;  sentence  added  at  end,  1955, 
107  §  5. 

Sect.  17  revised,  1932,  12;  amended,  1939,  269  §  2. 

Sect.  19  revised,  1943,  228  §  1;  amended,  1945,  570  §  1;  sentence 
added  at  end,  1950,  366.    (See  1945,  570  §  2.)    (See  1943,  228  §  2.) 

Sect.  20  revised,  1941,  351  §  5. 

Sect.  26  amended,  1939,  326  §  2;  first  sentence  revised,  1947,  283. 

Chapter  48.  —  Fires,  Fire  Departments  and  Fire  Districts. 

For  legislation  enabling  districts  to  secure  the  benefits  provided  by 
the  federal  government  to  assist  them  in  public  works  projects,  see 
1945,  74;  1947,  526.  (For  prior  legislation,  see  1933,  366;  1934,  21; 
1935,  213,  404;  1936,  64,  83,  414;  1937,  159;  1938,  50,  82;  1939,  423; 
1941,  639;  1943,  58.) 

For  legislation  authorizing  districts  to  borrow,  in  the  years  1935  to 
1944,  inclusive,  on  account  of  public  welfare  and  soldiers'  benefits  (and 
in  certain  of  said  years  for  additional  specified  purposes),  see  1935,  188; 
1936,80;   1937,107;   1938,58;  1939,72,453;   1941,92;   1943,44. 

For  legislation  authorizing  the  renewal  by  districts  of  certain  tempo- 
rary revenue  loans,  see  1947,  108. 

For  emergency  legislation  authorizing  districts  to  make  certain  appro- 
priations during  the  existing  state  of  war,  see  1943,  5  §§  1,  6;  75  §§  1,  2, 
4,  5;   1946,  10.    [For  prior  legislation,  see  1941,  487;   1942,  4.] 

Sect.  8  amended,  1941,  490  §  10;  revised,  1954,  104. 

Sect.  13  amended,  1938,  204;  revised,  1941,  581;  1945,  269;  amended, 
1951   274. 

Sect.  15  amended,  1932,  180  §  8;   1941,  490  §  11. 

Sect.  16  revised,  1943,  103  §  1;  amended,  1952,  222. 

Sect.  18  revised,  1943,  103  §  2. 

Sect.  20A  repealed,  1950,  442. 

Sect.  24  amended,  1953,  535  §  3. 

Sect.  28A  amended,  1941,  490  §  12;  revised,  1953,  496. 

Sect.  28B  revised,  1953,  535  §  4. 


1034  Changes  in  the  [Chaps.  49, 50. 

Sect.  28C  added,  1948,  131  (providing  for  the  closing  of  privately- 
owned  forest  lands  during  periods  of  fire  hazard). 

Sect.  36A  added,  1948,  149  §  1  (providing  for  the  promotion  of  cer- 
tain call  firemen  to  membership  in  the  permanent  fire  force  in  certain 
cities  and  towns). 

Sect.  37  revised,  1948,  149  §  2. 

Sect.  51A  added,  1948,  337  §  1  (providing  for  the  furnishing  of  gas 
masks  for  the  use  of  members  of  fire  departments) ;  second  paragraph 
revised,  1949,  467  §  1.    (See  1948,  337  §  2;   1949,  467  §  2.) 

Sect.  57A  added,  1953,  640  (relative  to  additional  pay  or  time  off 
for  firefighters  and  others  who  are  required  to  work  on  legal  holidays). 

Sect.  58 A  added,  1941,  638  (further  regulating  the  hours  of  duty  of 
permanent  members  of  fire  departments  in  certain  cities  and  towns). 

Sect.  58B  added,  1945,  413  §  1  (further  regulating  the  hours  of  duty 
of  permanent  members  of  fire  departments  in  certain  cities  and  towns) ; 
second  paragraph  amended,  1955,  151.  (See  1945,  413  §  2;  1946,  114, 
371,  436,  597;  1947,  64;  200.) 

Sect.  58C  added,  1955,  195  (authorizing  compensation  for  overtime 
service  by  fire  fighters  of  cities  and  towns). 

Sect.  59,  fifth  paragraph  revised,  1955,  150. 

Sect.  59A  amended,  1949,  77. 

Sect.  59E  added,  1939,  419  §  1  (providing  for  the  ultimate  abolition 
of  reserve  fire  forces  in  certain  cities  and  towns). 

Sect,  66  revised,  1950,  121. 

Sect.  70  repealed,  1950,  170. 

Sect.  79  revised,  1948,  133;  first  sentence  amended,  1951,  392. 

Chapter  49.  —  Fences,  Fence  Viewers,  Pounds  and  Field  Drivers. 

Sect.  6  revised,  1948,  550  §  3. 
Sect.  10  amended,  1951,  143  §  2. 
Sect.  29  amended,  1951,  143  §  1. 
Sect.  36  revised,  1948,  550  §  4. 

Chapter  50.  —  General  Provisions  relative  to  Primaries,  Caucuses  and 

Elections. 

Sect.  1.  "Ballot  labels"  defined,  1941,  511  §  1;  "City  election" 
defined,  1943,  453  §  6;  "Official  ballot"  defined,  1941,  511  §  2;  "PoHti- 
cal  committee"  defined,  1943,  318  §  5;  amended,  1954,  224;  definition 
of  "Political  party"  amended,  1951,  805  §  4;  "State  officer"  defined, 
1943,  453  §  7;  "Town  officer"  defined,  1943,  453  §  8.  (See  1951,  805 
§§  6,  7.) 

Sect.  2  amended,  1932,  141  §  1;  sentence  added  at  end,  1938,  341  §  4. 

Sect.  3A  added,  1947,  37  (relative  to  the  placing  on  nomination 
papers  of  acceptances  of  nominations) ;  revised,  1953,  26. 

Sect.  4,  paragraph  added  at  end,  1947,  30  §  2. 

Sect.  6A  added,  1948,  15  §  3  (providing  for  the  filling  of  vacancies 
in  certain  elective  offices  in  case  of  the  retirement  of  an  incumbent  by 
reason  of  superannuation  prior  to  the  next  regular  election). 

Sect.  8  amended,  1943,  453  §  9. 


Chap.  51.]  GENERAL  LaWS.  1035 


Chapter  51.  —  Voters. 

For  legislation  providing  for  a  state  wide  verification  of  voting  lists, 
see  1938,  427;  repealed  and  superseded  by  1939,  450;  amended,  1943, 
537;  1945,  127. 

Sect.  1,  first  paragraph  revised,  1943,  453  §  10;  section  amended, 
1954,  627  §  19;  paragraph  added  at  end,  1932,  206.  (See  1954,  627 
§§  65,  67.) 

Sect.  2  amended,  1933,  254  §  3;  revised,  1945,  310.  (See  1933,  254 
§66.) 

Sect.  3  amended,  1933,  254  §  4;  revised,  1943,  453  §  11.  (See  1933, 
254  §  66.) 

Heading  before  section  4  revised,  1943,  453  §  12. 

Sect.  4  amended,  1933,  254  §  5;  first  paragraph  revised,  1935,  345 
§  1;  amended,  1937,  1  §  1;  revised,  1938,  186  §  1;  section  revised,  1938, 
440  §  2;  section  amended,  1943,  453  §  13;  1955,  67  §  1;  last  paragraph 
revised,  1947,  26.  (See  1933,  254  §§  65,  66;  1937,  226;  1938,  186  §  5, 
440  §  23.) 

Sect.  5  revised,  1938,  440  §  3;  1939,  188  §  1.    (See  1938,  440  §  23.) 

Sect.  6  revised,  1938,  440  §  4;  1939,  188  §  2;  next  to  last  sentence 
revised,  1949,  196.    (See  1938,  440  §  23.) 

Sect.  7  amended,  1933,  254  §  6;  revised,  1935,  345  §  2;  amended, 
1938,  440  §  5;  revised,  1939,  188  §  3;  amended,  1955,  67  §  2.  (See 
1933,  254  §§  65,  66;  1938,  440  §  23.) 

Sect.  8  amended,  1933,  254  §  7;  1937,  1  §  2;  revised,  1938,  186  §  2, 
440  §  6.    (See  1933,  254  §  66;  1938,  186  §  5,  440  §  23.) 

Sect.  9  amended,  1933,  254  §  8;  revised,  1938,  440  §  7.  (See  1933, 
254  §  66;  1938,  440  §  23.) 

Sect.  10  amended,  1938,  440  §  8;  repealed,  1943,  453  §  14.  (See 
1938,  440  §  23.) 

Sects.  lOA  and  lOB  added,  1939,  369  §  1  (providing  for  the  securing 
of  information  relative  to  persons  residing  at  inns,  lodging  houses  and 
pubhc  lodging  houses);  sections  stricken  out  and  new  section  lOA  in- 
serted, 1943,  320  §  1;  revised,  1955,  176. 

Sect.  11  revised,  1938,  440  §  9.    (See  1938,  440  §  23.) 

Sect.  12  revised,  1938,  440  §  10;  sentence  added  at  end,  1945,  715  §  1. 
(See  1938, 440  §  23.) 

Sect.  13  repealed,  1943,  453  §  15. 

Sect.  14A  revised,  1938,  440  §  11.    (See  1938,  440  §  23.) 

Sect.  14B  added,  1933,  254  §  9  (amending  special  acts  relative  to 
the  fisting  of  voters  in  certain  municipaUties  so  as  to  conform  to  the 
change  in  taxing  date  from  April  1  to  January  1);  revised,  1938,  440 
§  12;  amended,  1943,  453  §  16.  (See  1933,  254  §§  65,  66;  1938,  440 
§23.) 

Sect.  16A  added,  1955,  218  (authorizing  the  estabfishment  of  boards 
of  election  commissioners  and  defining  their  powers  and  duties). 

Sect,  18  amended,  1950,  142. 

Sect.  20  revised,  1943,  453  §  17. 

Sect.  22  amended,  1938,  280;  revised,  1943,  453  §  18;  amended, 
1950,  172. 

Sect.  22A  added,  1945,  715  §  2  (providing  for  registration  as  voters 
of  persons  who  are  physically  unable  to  apply  in  person) ;  revised,  1946, 
196  §  1. 


1036  Changes  in  the  [Chap.  51. 

Sect.  23  amended,  1943,  453  §  19;  revised,  1945,  715  §  3. 
'    Sect.  24  amended,  1950,  177. 

Sect.  26  amended,  1932,  48  §  1;  1935,  37  §  1;  1938,  473  §  2;  1943, 
453  §  20;  revised,  1947,  34  §  1;  sentence  inserted  before  last  sentence, 
1948,  42. 

Sect.  27  revised,  1932,  48  §  2;  amended,  1935,  37  §  2;  1938,  473  §  3; 
amended,  1943,  109  §  1;  revised,  1943,  453  §  21;  1947,  34  §  2. 

Sect.  28  revised,  1947,  34  §  3. 

Sect.  29  amended,  1947,  34  §  4. 

Sect.  29A  amended,  1943,  109  §  2;  revised,  1947,  34  §  5. 

Sect.  29B  added,  1938,  179  (providing  for  sessions  of  registrars  of 
voters  in  all  the  wards  of  everv  city  prior  to  each  biennial  state  election) ; 
amended,  1943,  453  §  22;  1947,  34  §  6. 

Sect.  30,  first  sentence  amended,  1943,  453  §  23;  section  revised, 
1947,  34  §  7. 

Sect.  32  amended,  1933,  254  §  10.     (See  1933,  254  §  66.) 

Sect.  33,  paragraph  added  at  end,  1945,  246;  revised,  1946,  160. 

Sect.  34  amended,  1933,  254  §  11.    (See  1933,  254  §  66.) 

Sect.  35  revised,  1938,  440  §  13;  amended,  1939,  451  §  10;  sentence 
added  at  end,  1947,  244  §  1.    (See  1938,  440  §  23.) 

Sect.  36  amended,  1933,  254  §  12;  1955,  67  §  3;  paragraph  added  at 
end,  1943,  453  §  24.    (See  1933,  254  §  66.) 

Sect.  37  amended,  1933,  254  §  13;  revised,  1938,  440  §  14;  fourth 
sentence  amended,  1939,  369  §  2;  1943,  320  §  2;  last  sentence  stricken 
out,  1941,  328  §  2;  section  revised,  1943,  453  §  25.  (See  1933,  254  §  66; 
1938,  440  §  23.) 

Sect.  38  revised,  1943,  453  §  26. 

Sect.  39  amended,  1938,  440  §  15.    (See  1938,  440  §  23.) 

Sect.  41  revised,  1943,  453  §  27. 

Sect.  41A  added,  1941,  328  §  1  (ensuring  that  certain  laws  relative 
to  registration  of  persons  residing  at  inns  and  lodging  houses  are  of 
general  apphcation) ;  revised,  1943,  320  §  3. 

Sect.  42  revised,  1945,  715  §  4. 

Sect.  42A  added,  1945,  715  §  5  (relative  to  registration  as  voters 
of  persons  who  are  physically  unable  to  apply  in  person) ;  revised,  1946, 
196  §  2. 

Sect.  43  amended,  1933,  254  §  14;  revised,  1938,  440  §  16.  (See  1933, 
254  §  66;  1938,  440  §  23.) 

Sect.  44  amended,  1943,  453  §  28;  revised,  1945,  715  §  6. 

Sect.  45  revised,  1943,  108;  1945,  715  §  7. 

Sect.  46  revised,  1945,  715  §  8. 

Sect.  47  revised,  1945,  715  §  9. 

Sect.  50  amended,  1938,  440  §  17;   1945,  378.    (See  1938,  440  §  23.) 

Sect.  54,  paragraph  added  at  end,  1946,  537  §  1.    (See  1946,  537  §  12.) 

Sect.  55  amended,  1933,  254  §  15;  sentence  added  at  end,  1936,  2 
§  1;  same  sentence  revised,  1938,  473  §  4;  section  amended,  1943,  453 
§  29;  1950,  193;  third  and  fourth  sentences  revised,  1949,  212;  last 
sentence  revised,  1946,  140  §  15;  section  revised,  1950,  255.  (See  1933, 
254  §  66.) 

Sect.  57  amended,  1943,  453  §  30. 

Sect.  58  revised,  1945,  253. 

Sect.  61  amended,  1937,  21  §  1. 

Sect.  62  amended,  1943,  453  §  31. 

Sect.  63  revised,  1943,  453  §  32. 


Chaps.  52,  53.]  GENERAL  LaWS.  1037 


Chapter  52.  —  Political  Committees. 

Chapter  stricken  out  and  new  chapter  inserted,  1938,  346  §  1.  (See  1938, 
346  §§  3,  4.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1952. 

The  following  references  are  to  chapter  52,  as  so  inserted: 

Sect.  1,  first  two  paragraphs  revised,  1948,  614  §  1;  section  revised, 
1950,  280  §  1;  amended,  1955,  138  §  1.    (See  1948,  614  §§  8,  9.) 

Sect.  1A  added,  1948,  614  §  2  (relative  to  nominations  of  candidates 
for  members  of  state  political  committees);  repealed,  1950,  280  §  2. 
(See  1948,  614  §§  8,  9.) 

Sect.  2,  first  sentence  amended,  1955,  138  §  2;  sentence  added  at  end, 
1948  23 

Sect.  4  amended,  1955,  138  §  3. 

Sect.  9  revised,  1941,  337  §  1;  first  sentence  revised,  1953,  406  §  1. 

Chapter    53.  —  Nominations,    Questions    to    be    submitted    to    the    Voters, 
Primaries  and  Caucuses. 

Sect,  1  amended,  1939,  371. 

Sect.  2  amended,  1932,  310  §  4;  last  sentence  revised,  1934,  32  §  1; 
section  revised,  1938,  473  §  5;  1941,  337  §  2;  amended,  1953,  406  §  2. 
(See  1937,  384,  435.) 

Sect.  3  revised,  1936,  116  §  1;  amended,  1937,  45  §  1;  revised,  1943, 
334  §  1 ;  sentence  added  at  end,  1945,  55. 

Sect.  5,  first  paragraph  amended,  1954,  31;  paragraph  added  at  end, 
1947,  141;  revised,  1955,  288  §  1. 

Sect.  6  amended,  1936, 101;  revised,  1939, 191;  1941,  266;  amended, 
1943,  50;  revised,  1943,  334  §  2. 

Sect.  7  amended,  1933,  254  §  16;  sentence  inserted,  1936,  2  §  2; 
section  revised,  1936,  4  §  1;  amended,  1937,  25  §  1;  1938,  341  §  5;  first 
and  second  sentences  revised,  1943,  334  §  3;  last  three  sentences  re- 
vised, 1954,  183  §  2.    (See  1933,  254  §  66.) 

Sect.  7A  added,  [1943,  229  §  2  (relative  to  the  certification  of  nomina- 
tion petitions  for  preliminary  elections  in  cities). 

Sect.  8,  first  paragraph  amended,  1932,  135  §  4;  section  amended, 
1933,  35  §  1;  first  sentence  amended,  1938,  473  §  6;  section  revised, 
1943,  334  §  4;  first  paragraph  amended,  1955,  288  §  2;  second  para- 
graph amended,  1951,  805  §  5.    (See  1951,  805  §§  6,  7.) 

Sect.  10,  first  paragraph  amended,  1934,  111;  revised,  1937,  45  §  2; 
amended,  1938,  373  §  4;  1946,  20  §  2;  second  paragraph  revised,  1933, 
313  §  2;  1941,  278;  amended,  1941,  472  §  4;  first  two  sentences  stricken 
out  and  one  sentence  inserted,  1954,  114;  1943,  229  §  3;  third  para- 
graph revised,  1937,  77  §  2;  amended,  1943,  334  §  5;  revised,  1947, 
74;  paragraph  inserted  after  third  paragraph,  1948,  63. 

Sect.  11,  sentence  added  at  end,  1933,  313  §  3;  revised,  1937,  77  §  3; 
section  revised,  1937,  212  §  1;  amended,  1943,  334  §  6. 

Sect.  12  revised,  1937,  212  §  2;  first  paragraph  amended,  1943,  334 
§  7;  paragraph  added  at  end,  1939,  166. 

Sbct.  12A  added,  1933,  305  (to  prevent  certain  fraudulent  nomina- 
tions). 

Sect.  13,  sentence  added  at  end,  1933,  313  §  4;  section  amended, 
1937,  26,  77  §  4;  revised,  1955,  221. 


1038  Changes  in  the  [Chap.  63. 

Sect.  14,  sentence  inserted  after  third  sentence,  1943,  334  §  8. 

Sect.  15  amended,  1943,  334  §  9. 

Sect.  17  amended,  1943,  334  §  10. 

Sect.  17A  added,  under  the  heading  "endorsement  for  nomina- 
tion OF  members  of  state  political  committees  by  conventions", 
1938,  397;  second  paragraph  amended,  1945,  237  §  1;  fifth  paragraph 
amended,  1945,  20. 

Sect.  18  revised,  1934,  282. 

Sect.  20  revised,  1943,  334  §  11. 

Sect.  21  amended,  1945,  237  §  2. 

Sect.  22A  amended,  1932,  80;  1938,  192;  1943,  51;  1948,  596. 

Sect.  22B  added,  1938,  191  (requiring  persons  circulating  initiative 
and  referendum  petitions  to  attest  the  vaUdity  of  signatures  thereto 
under  the  penalties  of  perjury). 

Sect.  24.    See  1937,  275. 

Sect.  26  amended,  1943,  334  §  12;  paragraph  added  at  end,  1945,  51. 

Sect.  28  amended,  1932,  310  §  5;  revised,  1933,  313  §  5;  amended, 
1934,  32  §  2;  revised,  1938,  473  §  7;  first  paragraph  amended,  1946, 
20  §  3-    (See  1937,  384,  435.) 

Sect.  32  amended,  1932,  310  §  6;  1938,  473  §  8.  (See  1937,  384, 
435.) 

Sect.  33,  sentence  added  at  end,  1941,  511  §  3. 

Sect.  34  revised,  1932,  310  §  7;  first  paragraph  revised,  1938,  436  §  1; 
fourth  paragraph  revised,  1937,  22;  section  revised,  1938,  473  §  9;  sec- 
ond and  third  paragraphs  revised,  1941,  337  §  3;  fifth  paragraph  revised, 
1941,  352;  amended,  1943,  334  §  13;  section  revised,  1953,  406  §  3; 
second  paragraph  revised,  1954,  225.    (See  1937,  384,  435.) 

Sect.  35  amended,  1932,  310  §  8;  1938,  473  §  10;  amended,  1941, 
337  §  4.    (See  1937,  384,  435.) 

Sect.  35A  added,  1943,  301  (relative  to  pasters  or  stickers  for  use  at 
primaries). 

Sect.  36  amended,  1941,  511  §  4. 

Sect.  37  revised,  1943,  334  §  14;  sentence  added  at  end,  1949,  194, 

Sect.  38  amended,  1938,  299;  1943,  334  §  15;  1945,  237  §  3. 

Sect.  40  revised,  1932,  30. 

Sect.  40A  added,  1943,  334  §  16  (requiring  petitions  for  recounts  at 
primaries  of  a  political  party  to  be  signed  by  enrolled  voters  thereof). 

Sect.  41  revised,  1932,  310  §  9;  section  and  title  preceding  it  stricken 
out  and  new  section  inserted  under  the  heading  "provisions  applying 
TO  state  primaries",  1938,  473  §  11;  section  revised,  1941,  337  §  5. 
(See  1937,  384,  435.) 

Sect.  42  amended,  1932,  310  §  10;  1937,  24  §  2;  revised,  1938,  373 
§  1;  1953,  406  §  4.    (See  1937,  384,  435.) 

Sect.  43  amended,  1932,  310  §  11;   1937,  201;   1949,  109  §  1.     (See 

1937,  384,  435.) 

Sect.  44  revised,  1932,  310  §  12;  amended,  1935,  38;  revised,  1938, 
373  §  2,  473  §  12;  amended,  1941,  337  §  6;  revised,  1952,  221;  1953, 
406  §  5;  last  sentence  stricken  out  and  two  sentences  inserted,  1954, 
183  §  1;  third  sentence  revised,  1955,  249.    (See  1937,  384,  435.) 

Sect.  45  amended,  1932,  310  §  13;  first  paragraph  amended,  1936,  22; 

1938,  84;  section  revised,  1938,  473  §  13;  amended,  1941,  337  §  7; 
first  paragraph  amended,  1947,  338  §  1 ;  paragraph  added  at  end,  1946, 
537  §  2.     (See  1937,  384,  435;  1946,  537  §  12.) 


Chap.  53.]  GENERAL  LaWS.  1039 

Sect.  46  amended,  1936,  4  §  2;  revised,  1937,  25  §  2;  amended,  1941, 
337  §  8. 

Sect.  47  amended,  1932, 310  §  14;  1938, 473  §  14.    (See  1937, 384, 435.) 

Sect.  48  amended,  1932,  310  §  15;  first  paragraph  revised,  1938, 
373  §  3;  paragraph  added  at  end,  1938,  272;  same  paragraph  amended, 
1941,  563;  paragraph  added  at  end,  1941,  675;  section  amended,  1943, 
53;  first  paragraph  amended,  1946,  20  §  4;  section  revised,  1951,  332; 
first  paragraph  revised,  1953,  406  §  6.    (See  1937,  384,  435.) 

Sect.  49  revised,  1932,  310  §  16;  1938,  473  §  15.     (See  1937,  384,  435.) 

Sect.  51  amended,  1932, 310  §  17 ;  1938, 473  §  16.    (See  1937, 384,  435.) 

Sect.  52  amended,  1932,  310  §  18;  revised,  1938,  473  §  17;  amended, 
1941,  337  §  9;  revised,  1948,  614  §  3;  1950,  280  §  3.  (See  1937,  384, 
435;  1948,  614  §§  8,  9.) 

Sect.  53  revised,  1932,  310  §  19;  1938,  473  §  18;  amended,  1941, 
337  §  10;  1948,  614  §  4;  1950,  280  §  4.  (See  1937,  384,  435;  1948, 
614  §§  8,  9.) 

Sect.  53A  amended,  1932,  310  §  20;  revised,  1938,  473  §  19.  (See 
1937,  384,  435.) 

Sect.  54  revised,  1932,  310  §  21;  two  sentences  added,  1935,  482  §  1; 
section  amended,  1936,  11  §  1;  1937,  24  §  3;  section  (and  heading) 
revised,  1938,  346  §  2;  section  amended,  1941,  337  §  11;  section  (and 
heading)  revised,  1953,  406  §  7;  section  amended,  1955,  138  §  4.  (See 
1936,  11  §§  2,  3;   1937,  384,  435;   1938,  346  §§  3,  4.) 

Sects.  54 A  and  54B  added,  1932,  310  §  22  (relative  to  proceedings 
at  pre-primary  conventions,  to  the  form  of  certificates  of  nomination 
of  candidates  thereat,  and  to  the  acceptance  of  such  nominations); 
repealed,  1938,  473  §  20.     (See  1937,  384,  435.) 

Sects.  54C  and  54D  added,  1953,  406  §  8  (relative  to  the  certifica- 
tion and  seating  of  candidates  and  delegates  at  state  conventions). 

Sect.  55,  paragraph  added  at  end,  1936,  116  §  2. 

Sect.  56  amended,  1943,  334  §  17. 

Sect.  57  amended,  1937,  410;  1945,  237  §  4. 

Sect.  61  amended,  1936,  140;  1937,411;  1941,272. 

Sects.  65-70  (and  caption)  repealed,  1932,  310  §  23.  (See  1937,  384, 
435;  1938,  473  §  21.) 

Sects.  70A-70H  added,  under  heading  "provisions  applying  to 
presidential  primaries,"  1938,  473  §  21. 

Sect.  70B  amended,  1941,  337  §  12. 

Sect.  70D,  fourth  sentence  stricken  out  and  two  sentences  inserted, 

1947,  338  §  2;  section  revised,  1948,  614  §  5;  1950,  280  §  5.     (See  1948, 
614  §§  8,  9.) 

Sect.  70E,  sentence  inserted  before  last  sentence,  1947,  31;  four 
paragraphs  added  at  end,  1951,  764. 

Sect.  70F  amended,  1939,  452  §  11;  revised,  1948,  614  §  6;  1950, 
280  §  6.     (See  1948,  614  §§  8,  9.) 

Sect.  70G,  second  paragraph,  as  appearing  in  1938,  473  §  21,  amended, 

1948,  614  §  7;   1950,  280  §  7;  two  paragraphs  inserted  after  first  para- 
graph, 1953,  406  §  9.    (See  1948,  614  §§  8,  9.) 

Sect.  71.     See  1937,  275. 

Sect.  72A  added,  1933,  313  §  6  (relative  to  caucuses  before  regular 
city  elections  in  cities  having  absent  voting);  revised,  1937,  77  §  5; 
1945  1. 

Sect.  76,  paragraph  added  at  end,  1946,  537  §  3.     (See  1946,  537  §  12.) 


1040  Changes  in  the  [Chap.  54. 

Sect.  87,  paragraph  added  at  end,  1946,  537  §  4.     (See  1946,  537  §  12.) 

Sect.  112  ameDded,  1935,  59  §  2. 

Sect.  117  amended,  1932,  141  §  2. 

Sect.  121  added,  1932,  141  §  3  (authorizing  the  nomination  by 
caucuses  other  than  those  of  political  or  municipal  parties  of  two  candi- 
dates for  each  town  office) ;  revised,  1936,  204. 

Chapter  54.  —  Elections. 

For  legislation  relative  to  absent  voting  by  members  of  the  armed 
forces  during  time  of  war,  see  1948,  531. 

Sect.  2  amended,  1943,  411  §  1. 

Sect.  4  revised,  1935,  482  §  2;  amended,  1936, 185;  revised,  1937,  412. 

Sect.  5  revised,  1943,  209  §  1. 

Sect.  6  revised,  1943,  411  §  2. 

Sect.  7  revised,  1943,  411  §  3;  amended,  1947,  267  §  1. 

Sect.  7A  added,  1947,  267  §  3  (authorizing  the  division  of  precincts 
in  certain  towns  for  the  sole  purpose  of  facilitating  voting  therein). 

Sect.  9A  added,  1937,  267  §  1  (relative  to  the  use  of  precincts  in 
certain  towns  in  the  formation  of  representative  districts);  revised, 
1947,  267  §  2. 

Sect.  11  amended,  1932,  76  §  1;  1934,  158  §  1;  1937,  27;  1938,  341 
§  6;  revised,  1941,  432  §  1. 

Sect.  11 A  added,  1932,  76  §  2  (dispensing  with  the  appointment  of 
deputy  election  officers  in  certain  cities). 

Sect.  IIB  added,  1941,  432  §  2  (relative  to  the  appointment  of 
election  officers  in  certain  cities) ;  revised,  1943,  230. 

Sect.  12  amended,  1934,  158  §  2;  revised,  1945,  363. 

Sect.  13  amended,  1934,  158  §  3;   1943,  411  §  4. 

Sect.  14  amended,  1943,  411  §  5. 

Sect.  16 A  added,  1943,  411  §  6  (relative  to  the  temporary  filling  of 
vacancies  in  the  offices  of  election  officers). 

Sect.  19  amended,  1934,  158  §  4. 

Sect.  21  amended,  1934,  158  §  5. 

Sect.  22  amended,  1943,  411  §  7. 

Sect.  23  amended,  1943,  411  §  8;  paragraph  added  at  end,  1946, 
537  §  5.    (See  1946,  537  §  12.) 

Sect.  24,  last  sentence  stricken  out  and  two  new  sentences  inserted, 
1943,  209  §  2. 

Sect.  25  revised,  1943,  411  §  9. 

Sect.  26  amended,  1938,  281  §  1;   1943,  240. 

Sect.  27,  paragraph  added  at  end,  1946,  537  §  6.    (See  1946,  537  §  12.) 

Sect.  30  amended,  1943,  310  §  1. 

Sect,  30A  added,  1943,  310  §  2  (relative  to  election  officers  in  places 
where  voting  machines  are  used);  revised,  1947,  255  §  1. 

Sect.  31,  paragraph  added  at  end,  1943,  310  §  3. 

Sect.  33,  last  sentence  stricken  out,  and  paragraph  inserted  at  end, 
1935,  238  §  1;  last  sentence  of  same  paragraph  revised,  1951,  709  §  1; 
paragraph  added  at  end,  1951,  709  §  2. 

Sects.  33A-33D  added,  1943,  310  §  4  (relative  to  the  use  of  voting 
machines  at  primaries  and  elections). 

Sect.  34  revised,  1936,  205  §  1;  second  paragraph  stricken  out, 
1938,  281  §  2;  section  amended,  1945,  84. 


Chap.  54.]  GENERAL  LaWS.  1041 

Sect.  35  revised,  1943,  310  §  5. 

Sects.  35A  and  35B  added,  1938,  281  §  3  (relative  to  voting  by  chal- 
lenged voters  at  polling  places  where  voting  machines  are  used  and 
to  the  counting  of  votes  where  such  machines  are  used). 

Sect.  35A,  sentence  added  at  end,  1941,  511  §  5;  section  amended, 
1945,  62. 

Sect.  35B,  second  sentence  of  second  paragraph  revised,  1941,  511 
§  6;  second  paragraph  revised,  1943,  310  §  6;  third  paragraph  amended, 
1941,  511  §  7. 

Sect.  38  revised,  1936,  205  §  2. 

Sect.  41,  third  paragraph  amended,  1933,  35  §  2;  1938,  190;  second 
sentence  of  same  paragraph  revised,  1938,  436  §  2;  same  paragraph 
amended,  1946,  78;  1955,  256;  last  paragraph  stricken  out  and  three 
paragraphs  inserted,  1943,  411  §  11;  sentence  added  at  end,  1952,  128; 
same  sentence  revised,  1953,  1;   1954,  127. 

Sect.  42  amended,  1932,  135  §  5;  first  paragraph  amended,  1935, 
238  §  2;  same  paragraph  revised  and  paragraph  inserted,  1941,  292; 
first  two  paragraphs  revised,  1948,  272;  second  paragraph  amended, 
1953,  212,  432;  last  paragraph  amended,  1943,  411  §  12. 

Sect.  42A  added,  1947,  138  §  1  (relative  to  questions  appearing  upon 
ballots  at  state  and  municipal  elections). 

Sect.  43  revised,  1932,  135  §  1. 

Sect.  44  amended,  1943,  411  §  13. 

Sect.  45,  first  sentence  revised,  1943,  281  §  1;  paragraph  added  at 
end,  1943,  2S1  §  2. 

Sect.  48  amended,  1943,  290. 

Sect.  49  amended,  1943,  411  §  14. 

Sect.  53  amended,  1945,  64. 

Sect.  60,  last  sentence  amended,  1938,  281  §  6. 

Sect.  62  amended,  1935,  257  §  5.    (See  1935,  257  §  12.) 

Sect.  64,  third  paragraph  revised,  1949,  109  §  2;  last  paragraph 
amended,  1934,  39  §  5. 

Sect.  65  revised,  1933,  289  §  1;  amended,  1943,  411  §  15;  second 
sentence  stricken  out  and  two  sentences  inserted,  1952,  129;  same  sen- 
tence stricken  out  and  one  sentence  inserted,  1955,  2G6;  paragraph 
inserted  after  first  paragraph,  1951,  257;  paragraph  added  at  end,  1946, 
537  §  7.    (See  1946,  537  §  12.) 

Sect.  68,  paragraph  added  at  end,  1946,  537  §  8.    (See  1946,  537  §  12.) 

Sect.  69  amended,  1947,  255  §  2. 

Sect.  70  revised,  1943,  411  §  16;  amended,  1947,  255  §  3. 

Sect.  71.    See  1937,  275. 

Sect.  71A  added,  1943,  411  §  17  (requiring  that  election  officers  in 
cities  and  in  certain  towns  be  supervised  by  the  city  or  town  clerk). 

Sect.  73,  paragraph  added  at  end,  1946,  537  §  9.   "(See  1946,  537  §  12.) 

Sect.  75  amended,  1943,  411  §  18. 

Sect.  76  revised,  1943,  411  §  19. 

Sect.  76A  added,  1943,  411  §  20  (requiring  a  person  applying  to  vote 
to  write  his  name  upon  request  of  any  election  officer). 

Sect.  78  revised,  1932,  135  §  2. 

Sect.  79  amended,  1943,  411  §  21. 

Sect.  85A  added,  1937,  275  §  1  (relative  to  the  challenging  of  voters 
at  polling  places  at  certain  elections,  primaries  and  caucuses).  (See 
1937,  275  §  2.) 


1042  Changes  in  the  [Chap.  54. 

Sect.  86  revised,  1945,  466  §  1;  amended,  1950,  21;  1951,  153  §  1; 
revised,  1954,  101. 

Sect.  87,  subsection  (a)  revised,  1945,  52;  subsection  (b)  revised, 
1936,  404  §  1;  amended,  1945,  466  §  2;  1951,  153  §  2;  1948,  477  §  1; 
subsection  (c)  revised,  1936,  404  §  2;  amended,  1937,  162  §  2;  1941, 
279  §  2;  1944,  1  §  9;  1945,  231  §§  1,  2;  466  §  3;  subsection  (d)  revised, 
1941,  333;  subsection  (e)  revised,  1946,  140  §  13. 

Sect.  89  revised,  1936,  404  §  3. 

Sect.  90  repealed,  1946,  140  §  14. 

Sect.  92  revised,  1936,  404  §  4;  amended,  1937,  162  §  1;  1941, 
279  §  1;  revised,  1945,  466  §  4. 

Sect.  93  revised,  1936,  404  §  5;  amended,  1941,  722  §  8. 

Sect.  94  amended,  1952,  39  §  1;  revised,  1954,  102. 

Sect.  95  revised,  1936,  404  §  6;  amended,  1945,  466  §  5;  1952,  39  §  2. 

Sect.  96  amended,  1936,  404  §  7. 

Sect.  98  amended,  1945,  466  §  6. 

Sect.  100  revised,  1936,  404  §  8. 

Sect.  103A  added,  1933,  313  §  1  (providing  for  absent  voting  at 
regular  city  elections);  affected,  1936,  404  §  9;  revised,  1937,  77  §  1; 
first  paragraph  amended,  1939,  152;  revised,  1948,  477  §  2;  paragraph 
added  at  end,  1946,  118. 

Sect.  104  amended,  1934,  39  §  6. 

Sect.  105,  first  paragraph  amended,  1952,  39  §  3;  second  paragraph 
revised,  1947,  95;  fourth  paragraph  amended,  1938,  341  §  7. 

Sect.  107  revised,  1943,  411  §  22;  amended,  1946,  93. 

Sect.  109  amended,  1943,  411  §  23. 

Sect.  112  amended,  1935,  257  §  6;  1939,  31  §  3;  first  sentence  re- 
vised, 1946,  130  §  2.    (See  1935,  257  §  12.) 

Sect.  115,  second  sentence  revised,  1952,  207. 

Sect.  116,  first  sentence  revised,  1946,  130  §  3. 

Sect.  122  amended,  1935,  257  §  7.    (See  1935,  257  §  12.) 

Sects.  124-128  repealed,  1946,  130  §  4. 

Sect.  132  amended,  1932,  33. 

Sect.  133  amended,  1937,  21  §  2. 

Sect.  134  amended,  1943,  411  §  24. 

Sect.  135,  first  paragraph  amended,  1933,  254  §  17;  section  revised, 
1933,  270;  first  paragraph  revised,  1935,  59  §  1;  1938,  250  §  1;  1941, 
236;  third  paragraph  revised,  1937,  303;  same  paragraph  amended, 
1941,  350;  last  paragraph  revised,  1938,  250  §  2;  paragraph  inserted 
after  first  paragraph,  1938,  281  §  4;  section  revised,  1943,  417;  para- 
graph inserted  after  first  paragraph,  1945,  149;  first  paragraph  stricken 
out  and  three  paragraphs  inserted,  1945,  315;  third  paragraph  revised, 
1947,  353  §  1;  seventh  paragraph  revised,  1947,  353  §  2.  (See  1933, 
254  §  66.) 

Sect.  135 A  added,  1938,  281  §  5  (relative  to  the  recounting  of  votes 
where  voting  machines  are  used);  amended,  1943,  411  §  25;  sentence 
inserted  after  first  sentence,  1949,  188;  1945,  142. 

Sect.  137  amended,  1935,  55. 

Sect.  138,  last  paragraph  amended,  1937,  23  §  1. 

Sect.  139  amended,  1943,  49. 

Sect.  141  amended,  1939,  508  §  16;  first  paragraph  stricken  out, 
1946,  130  §  5;  second  paragraph  amended,  1945,  38  §  7;  1946,  20  §  1. 

Sect.  144  revised,  1935,  257  §  8;  first  paragraph  amended,  1939,  31 
§4.    (See  1935,  257  §  12.) 


Chaps.  54A-56.]  GENERAL  LawS.  1043 

Sect.  146  amended,  1935,  257  §  9.    (See  1935,  257  §  12.) 

Sect.  148  amended,  1937,  23  §  2. 

Sect.  151  amended,  1932,  135  §  3. 

Sect.  158  amended,  1935,  257  §  10;  first  paragraph  revised,  1939, 
31  §  5.    (See  1935,  257  §  12.) 

Sect.  161  (except  last  paragraph)  amended,  1934,  265;  paragraph 
added  at  end,  1946,  594.    (See  1939,  467.) 

Chapter  54A.  —  Election  of  City  and  Town  Officers  by  Proportional  Repre- 
sentation and  Preferential  Voting. 

New  chapter  inserted,  1937,  345. 

Chapter  inserted  by  1937,  345  stricken  out  and  new  chapter  inserted, 
1938,  341  §  1. 

The  following  references  are  to  chapter  54A  as  so  inserted: 

Sect.  1  amended,  1941,  345. 

Sect.  2,  paragraph  added  at  end,  1938,  378  §  17;   section  revised, 
1941,  640  §  6.     (See  1941,  640  §  7.) 
Sect.  9,  paragraph  (t)  added,  1950,  28. 

Chapter  55.  —  Corrupt  Practices  and  Election  Inquests. 

Chapter  stricken  out  and  new  chapter  55  inserted,  1946,  537  §  10.  (See 
1946,  537  §  12.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  55  as  so  inserted : 

Sect.  4,  first  sentence  stricken  out  and  three  sentences  inserted,  1954, 
287. 

Sect.  11,  first  paragraph  revised,  1954,  644. 

Sect.  13,  paragraph  inserted  after  first  paragraph,  1954,  530. 

Sect.  16  amended,  1954,  272. 

Sect.  20,  first  sentence  revised,  1954,  223. 

Sect.  30  amended,  1955,  131  §  1. 

Sect.  31  amended,  1955,  131  §  2. 

Sect.  32  amended,  1955,  131  §  3. 

Sect.  33  amended,  1955,  131  §  4. 

Sect.  34  amended,  1955,  131  §  5. 

Sect.  35  amended,  1955,  131  §  6. 

Chapter  56.  —  Violations  of  Election  Laws. 

Chapter  stricken  out  and  new  chapter  56  inserted,  1946,  537  §  11^  (See 
1946,  537  §  12.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  56  as  so  inserted : 

Sect.  41,  first  paragraph  revised,  1950,  88. 

Sect.  41A  added,  1950,  91  (relative  to  the  unauthorized  use  of  per- 
sons' names  in  political  advertising). 

Sect.  43A  added,  1951,  104  (regulating  use  of  the  word  "Veteran" 
by  candidates  for  public  office). 

Sect.  44A  added,  1949,  238  (prohibiting  the  distribution  of  certain 
lists  of  candidates  for  state  oflBce  unless  the  name  of  the  person  re- 
sponsible therefor  appears  thereon). 


1044  Changes  in  the  [Chaps.  57, 58. 


Chapter    57.  —  Congressional,    Councillor    and    Senatorial    Districts,    and 
Apportionment  of  Representatives. 

Sect.  1  revised,  1941,  556. 

Sect.  2  revised,  1939,  507  §  1;  1948,  250  §  1.  (See  1948,  250  §§  3,  4.) 
Sect.  3  revised,  1939,  507  §  2;  1948,  250  §  2.  (See  1948,  250  §§  3,  4.) 
Sect.  4  revised,  1939,  467  §  1;  1947,  182  §  1.  (See  1939,  467  §§  2, 
3,  4;  1947,  182  §§  2,  3,  4.) 
Sect.  5.  See  1939,  467. 

Chapter  58.  —  General  Provisions  relative  to  Taxation. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 

charges  due  the  commonwealth,  see  1943,  568;  1945,  325, 712;  1946,  615. 

Sect.  1,  first  sentence  revised,  1943,  428  §  2;  fil'th  sentence  amended, 

1932,  180  §  9;  same  sentence  revised,  1937,  108  §  2. 

Sect.  2  amended,  1933,  254  §  18;  paragraph  added  at  end,  1941,  726 
§  2;  same  paragraph  revised,  1953,  654  §  5.    (See  1933,  254  §  66.) 

Sect.  3  amended,  1933,  254  §  19.     (See  1933,  254  §  66.) 

Sects.  7A-7E  added,  1955,  649  (relative  to  assessment  systems  in 
cities  and  towns). 

Sect.  8  revised,  1935,  322  §  1;   1945,  351  §  2;  amended,  1953,  654  §  6. 

Sect.  8A  added,  1951,  500  (relative  to  reimbursement  of  municipali- 
ties for  loss  of  taxes  through  abatements  to  paraplegic  veterans). 

Sect.  9  revised,  1939,  346;   1941,  112;  amended,  1953,  654  §  7. 

Sect.  10  amended,  1934,  323  §  9;  1951,  641  §  3;  revised,  1953,  654 
§  8.    (See  1934,  323  §  11;  1951,  641  §§  18,  19.) 

Sect.  11  amended,  1939,  451  §  14;  repealed,  1941,  609  §  1. 

Sect.  12  amended,  1941,  490  §  13;  repealed,  1941,  609  §  1. 

Sect.  13  amended,  1933,  254  §  20;  1945,  564;  1953,  654  §  9;  revised, 
1955,  467.    (See  1933,  254  §  66.) 

Sect.  14  amended,  1939,  451  §  15;   1953,  654  §  10. 

Sect.  15  amended,  1933,  254  §  21;  revised,  1941,  490  §  14;  amended, 
1953,  654  §  11.    (See  1933,  254  §  66.) 

Sect.  17A  amended,  1939,  451  §  26;   1953,  654  §  12. 

Sect.  17B  added,  1945,  592  §  1  (relative  to  payments  by  the  com- 
monwealth to  certain  towns  in  reimbursement  for  loss  of  taxes  by  reason 
of  property  taken  for  flood  control);  amended,  1953,  654  §  13.  (See 
1945,  592  §  2.) 

Sect.  18  revised,  1933,  350  §  7;  amended,  1936,  405  §  1;  1939,  451 
§  16;  1945,  624  §  1;  revised,  1945,  735  §  4;  amended,  1955,  780  §  9; 
amended,  1953,  654  §  14;  amended,  1951,  641  §  4;  amended,  1947, 
679  §  3;  affected,  1933,  357  §  4;  1935,  438  §  2.  (See  1933,  307  §  11, 
350,  §  9;  1936,  362  §  4;   1951,  641  §§  18,  19;   1955,  780  §  10.) 

Sect.  20  revised,  1936,  362  §  3;  amended,  1937,  108  §  1;  1953,  654 
§  15;  introductory  paragraph  amended,  1941,  656  §  1;  1945,  624  §  2. 
(See  1936,  362  §§  4,  8;   1937,  108  §  3.) 

Sect.  20A  added,  1936,  376  §  3  (relative  to  the  set-off  of  money  due 
to  the  commonwealth  from  a  city  or  town  against  sums  due  to  the  city 
or  town  from  the  commonwealth). 

Sect.  21  amended,  1933,  254  §  22;    repealed,  1934,  323  §  1.     (See 

1933,  254  §  66;   1934,  323  §  11.) 

Sects.  22  and  23  repealed,  1934,  323  §  1.    (See  1934,  323  §  11.) 


Chap.  58A.]  GENERAL  LawS.  1045 

Sect.  24  amended,  1933,  254  §  23;  repealed,  1951,  641  §  2.  (See  1933, 
254  §  66;   1951,  641  §§  18,  19.) 

Sect.  24A  revised,  1934,  323  §  2;  first  seDtence  amended,  1945,  624 
§  3;  section  repealed,  1951,  641  §  2.  (See  1934,  323  §  11;  1951,  641 
§§  18,  19.) 

Sect.  25  revised,  1934,  323  §  3;  amended,  1939,  451  §  17;  first  sen- 
tence revised,  1941,  729  §  11;  section  revised,  1945,  624  §  4;  687; 
amended,  1951,  641  §  5;    1953,  654  §  16.     (See  1934,  323  §  11;  1941, 

729  §  15;   1951,  641  §§  18,  19.) 

Sect.  25A  revised,  1934,  323  §  4;  first  sentence  revised,  1945,  624 
§  5;  amended,  1951,  641  §  6;  1953,  654  §  17.  (See  1934,  323  §  11; 
1951,  641  §§  18,  19.) 

Sect.  26  amended,  1933,  254  §  24;   repealed,  1934,  323  §  1.     (See 

1933,  254  §  66;   1934,  323  §  11.) 

Sect.  26A  added,  1945,  523  §  1  (relative  to  abatement  of  uncollectible 
taxes);  amended,  1953,  654  §  18. 

Sect.  27,  first  sentence  revised,  1943,  521  §  1;  section  amended, 
1951,  641  §  7;   1953,  654  §  19.    (See  1951,  641  §§  18,  19.) 

Sects.  28A  and  28B  added,  1947,  483  §  1  (provisions  for  aiding  in  the 
collection  of  federal  and  state  personal  income  taxes). 

Sect.  29,  first  sentence  revised,  1953,  654  §  20;  paragraph  (4)  stricken 
out,  1945,  161  §  1. 

Sect.  30  revised,  1945,  624  §  6;  amended,  1951,  641  §  8.  (See  1951, 
641  §§  18.  19.) 

Sect.  31  added,  under  heading  "forms",  1937,  135  §  1  (relative  to 
forms  of  application  for  abatement  of  taxes  and  certain  other  forms 
and  the  approval  thereof  by  the  commissioner  of  corporations  and 
taxation);  amended,  1953,  654  §  21. 

Sect.  32  added,  1953,  654  §  22  (relative  to  the  summons,  attendance 
and  testimony  of  witnesses  before  the  commissioner). 

Chapter  58A.  — -Appellate  Tax  Board  (former  title,  Board  of  Tax  App<«iiii<(). 

Sect.  1  revised,  1937,  400  §  3;  first  paragraph  amended,  1948,  583; 
same  paragraph  revised,  1950,  784;    amended,  1953,  654  §  23;    1955, 

730  §  41.    (See  1937,  400  §§  1,  2,  4,  5,  7;  1955,  730  §  43.) 
Sect.  5  revised,  1941,  381,  596  §  24. 

Sect.  6  amended.  1932,  180  §  10;  revised,  1933,  167  §  4;   amended, 

1934,  323  §  10;  revised,  1938,  478  §  4;  first  sentence  revised,  1941,  609 
§  2;  same  sentence  amended,  1941,  726  §  1;  same  sentence  revised, 
1945,  367  §  3;  section  revised,  1945,  621  §  1;  first  sentence  revised, 
1947,  632  §  2;  amended,  1951,  641  §  9;  section  amended.  1953,  654 
§  24.  (See  1933,  167  §  5;  1934,  323  §  11;  1937,  400  §  1;  1947,  632  §  3; 
1951,  641  §§  18,  19.) 

Sect.  7  revised,  1933,  321  §  2;  amended,  1939,  451  §  18;  1945,  621 
§  2;   1952,  502:   1953,  654  §  25.    (See  1933,  321  §  9.) 

Sect.  7 A  added,  1933,  321  §  3  (providing  for  the  estabUshment  of 
informal  procedure  before  the  appellate  tax  board);  revised,  1935, 
447;  third  sentence  revised,  1938,  384;  1943,  282;  section  revised, 
1945,  621  §  3.     (See  1933.  321  §§  8,  9.) 

Sect.  8  revised,  1933,  321  §  4.     (See  1933,  321  §  9.) 

Sect.  8A  added,  1935,  276  §  1  (providing  for  adequate  discovery  in 
tax  appeal  cases). 


1046  Changes  in  the  [Chap.  59. 

Sect.  9  amended,  1953,  654  §  26. 
Sect.  10  revised,  1933,  321  §  5.     (See  1933,  321  §  9.) 
Sect.  12  amended,  1933,  321  §  6.     (See  1933,  321  §  9.) 
Sect.  12A  added,  1943,  430  (relative  to  taxation  of  costs  by  the  ap- 
pellate tax  board  in  certain  appeals  as  to  the  assessed  value  where  it 
exceeds  the  value  as  recently  determined  by  said  board). 

Sect.  12B  added,  1950,  262  (relative  to  the  admissibiUty  of  evidence 
of  assessed  valuations  at  hearings  before  the  appellate  tax  board). 

Sect.  13  revised,  1933,  321  §  7;  amended,  1933,  350  §  8;  1935, 
218  §  1;  1939,  366  §  1;  1953,  654  §  27;  1954,  681  §  5.  (See  1933,  321 
§  9;  350  §  9;  1954,  681  §§  20,  22.) 

Chapter  59.  —  Assessment  of  Local  Taxes. 

For  temporary  legislation  exempting  persons  in  the  miUtary  and  naval 
service  of  the  United  States  from  the  payment  of  poll  taxes,  see  1943, 
406;   1947,637. 

For  temporary  legislation  exempting  from  taxation  certain  real 
property  of  residents  of  the  commonwealth  serving  in  the  armed  forces 
of  the  United  States,  and  their  spouses,  see  1943,  412;   1945,  627  §  2. 

For  legislation  relative  to  the  collection  of  certain  taxes  and  other 
charges  due  the  commonwealth,  see  1943,  568;  1945,  325,  712;  1946, 
615. 

Temporary  act  relative  to  the  taking  of  appeals  involving  real  estate 
in  which  closed  banks  have  an  interest,  1941,  145  §  2. 

For  temporary  legislation  extending  the  time  during  which  soldiers 
and  sailors  and  their  wives,  widows  or  parents  may  apply  for  abatement 
or  exemption  from  certain  real  estate  taxes,  see  1950,  165;  1951,  301; 
1955   148. 

As  to  Boston  taxes,  see  1932,  125;   1933,  159;   1934,  201;   1935,  284; 

1936,  224. 

Sect.  1  amended,  1936,  202  §  1;  revised,  1938,  186  §  3.  (See  1936, 
202  §  2;   1938,  186  §  5.) 

Sect.  2  revised,  1954,  459  §  1. 

Sect.  3A  revised,  1951,  667  §  1.  . 

Sect.  3B  added,  1946,  393  (to  abolish  certain  impUed  exemptions 
from  local  taxation). 

Sect.  3C  added,  1952,  614  §  1  (relative  to  local  taxation  of  certain 
pipe  lines).    (See  1952,  614  §  3.) 

Sect.  5,  clause  First  revised,  1936,  81;  1938,  47;  clause  Second 
revised,  1951,  667  §  2;  clause  Third,  subsection  (c)  amended,  1933, 
198  §  1  (see  1933,  198  §  2);  clause  Eighth  amended,  1947,  83  §  1; 
clause  Eleventh  revised,  1938,  317;  amended,  1953,  231;  1954,  341; 
clause  Sixteenth  revised,  1936,  362  §  1  (see  1936,  362  §§  4,  8);  1941, 
467;  amended,  1949,  732;  1952,  232  §  1  (see  1952,  232  §  2);  1953, 
654  §  28;  1954,  435  §  1  (see  1954,  435  §  2);  clause  Seventeenth  revised, 
1935,  294;  amended,  1939,  451  §  19;  revised,  1941,  227  §  1;  1954,  351; 
clause  Seventeenth  A  added,  1938,  186  §  4  (see  1938,  186  §  5) ;  sen- 
tence added  at  end,  1943,  559;  amended,  1949,  236;  revised,  1953, 
358;  clause  Seventeenth  B  added,  1950,  796;  amended,  1951,  730; 
clause  Eighteenth  revised,  1941,  227  §  2;    clause  Twentieth  revised, 

1937,  132;    1941,  482;    1947,  310;   1951,  640  §  1  (see  1951,  640  §  2); 
amended,  1953,  347;   clause  Twenty-second  amended,  1939,  451  §  20; 


Chap.  59.]  GENERAL  LawS.  1047 

paragraph  (a)  amended,  1945,  627  §  1;  clause  revised,  1946,  579;  1947, 
612  §  1  (see  19 i7,  612  §  2);  paragraph  (a),  sentence  added  at  end, 
1949,  206;  paragraph  (d)  revised,  1948,  560;  paragraph  (e)  and  one 
other  paragraph  inserted,  1948,  644  §  1  (see  1948,  644  §  3) ;  paragraph 
added  at  end,  1948,  644  §  2  (see  1948,  644  §  3) ;  clause  revised,  1949, 
534  §  1;    1951,  675;   paragraph  (g)  revised,  1954,  245;   clause  revised, 

1954,  683  §  1  (see  1954,  683  §§  2A,  3);  paragraph  (a)  revised,  1955, 
403  §  3  (see  1955,  403  §  14);    paragraph  added  after  paragraph  (h), 

1955,  312;  clause  Twenty-second  A  added,  1954,  683  §  2  (see  1954, 
683  §  3);  clause  Twenty-third  amended,  1932,  114  §  4;  revised,  1947, 
647;  1949,  534  §  2;  clause  Twenty-fifth  amended,  1951,  272;  clause 
Thirty-second  amended,  1951,  641  §  10  (see  1951,  641  §§  18,  19);  clause 
Thirty-fifth  revised,  1939,  24  §  2;  clause  Thirty-sixth  added,  1952, 
583  §  2  (see  1952,  538  §  3);  clause  Thirty-seventh  added,  1953,  379. 

Sect.  5A  added,  1941,  227  §  3  (relative  to  collection  of  taxes  from 
estates  of  persons  who  were  relieved  therefrom  for  lack  of  ability  to 
pay,  or  otherwise);  first  sentence  revised,  1948,  541. 

Sect.  6  amended,  1933,  254  §  25;  1936,  59  §  1;  first  paragraph 
amended,  1941,  440;  revised,  1946,  410.  (See  1933,  254  §  66;  1936, 
59  §  3.) 

Sects.  6  and  7.    See  1934,  307. 

Sect.  7,  first  paragraph  amended,  1936,  59  §  2;  section  amended, 
1939,  451  §  21;   1945,  367  §  1.    (See  1936,  59  §  3.) 

Sect.  7A  added,  1945,  367  §  2  (relative  to  payments  in  lieu  of  taxes 
on  certain  property  held  by  a  municipality  or  district  in  another  munic- 
ipality). 

Sect.  8  amended,  1933,  80,  254  §  26;  paragraph  added  at  end,  1935, 
119  §  1.    (See  1933,  254  §  66;   1935,  119  §  2.) 

Sect.  9  amended,  1933,  254  §  27;  revised,  1939,  342  §  4.  (See  1933, 
254  §  66.) 

Sect.  10  amended,  1933,  254  §  28.    (See  1933,  254  §  66.) 

Sect.  11  amended,  1933,  254  §  29;  revised,  1936,  92;  1939,  175.  (See 
1933,  254  §  66.) 

Sect.  16  amended,  1937,  114. 

Sect.  18,  opening  paragraph  and  clauses  First  and  Second  amended, 
1933,  254  §  30;  clause  Second  revised,  1936,  362  §  2.  (See  1933,  254 
§  66;   1938,  362  §  8.) 

Sect.  19  amended,  1933,  254  §  31;  revised,  1945,  143.  (See  1933, 
254  §  66.) 

Sect.  20  revised,  1933,  254  §  32;  amended,  1936,  376  §  1;  revised, 
1946,  432  §  1.    (See  1933,  254  §  66.) 

Sect.  21  revised,  1933,  254  §  33;  1936,  376  §  2;  second  sentence 
amended,  1945,  624  §  7;  first  three  sentences  stricken  out  and  five  sen- 
tences inserted,  1946,  432  §  2.    (See  1933,  254  §  66.) 

Sect.  23,  first  paragraph  amended,  1951,  798  §  7;  1955,  143;  two 
paragraphs  inserted,  1955,  202  §  1;  1953,  654  §  29;  1948,  576;  para- 
graph added  at  end,  1938,  175  §  2;  1949,  104  §  1.  Temporarily  affected, 
1954,  43.     (See  1951,  798  §  8;    1952,  359;   1953,  119;    1955,  202  §  2.) 

Sect.  23C  added,  1952,  578  §  1  (providing  for  separate  school  tax 
rates);  first  paragraph  revised,  1954,  460  §  1;  "School  percentage" 
defined,  1954,  460  §  2. 

Sect.  25,  first  sentence  revised,  1950,  257;  amended,  1953,  654  §  30; 
sentence  added  at  end,  1949,  104  §  2. 


1048  Changes  in  the  [Chap.  59. 

Sect.  27  amended,  1936,  118  §  2.    (See  1936,  118  §  3.) 

Sect.  29,  last  three  sentences  revised,  1933,  254  §  34.  (See  1933, 
254  §  66.) 

Sect.  33  amended,  1933,  254  §  35;  first  sentence  revised,  1954,  459 
§  2.    (See  1933,  254  §  66.) 

Sect.  38A  added,  1952,  614  §  2  (relative  to  the  valuation  for  taxation 
of  natural  gas  or  petroleum  pipe  lines);  amended,  1953,  654  §  31.  (See 
1952,  614  §  3.) 

Sect.  39  amended,  1933,  254  §  36;  1939,  451  §  22;  revised,  1953, 
468,  654  §  32;  1955,  344  §  1.    (See  1933,  254  §  66;   1955,  344  §  3.) 

Sect.  40  amended,  1953,  654  §  33. 

Sect.  41  amended,  1933,  254  §  37;  1953,  654  §  34.  (See  1933,  254 
§66.) 

Sect.  42  amended,  1953,  654  §  35. 

Sect.  43,  first  sentence  revised,  1948,  112  §  1. 

Sect  45  amended,  1933,  254  §  38;  first  sentence  revised,  1948,  112 
§  2;  form  appended  to  section  amended,  1933,  254  §  39.  (See  1933, 
254  §  66.) 

Sect.  47  amended,  1933,  254  §  40.    (See  1933,  254  §  66.) 

Sect.  48  revised,  1947,  84. 

Sect.  49  amended,  1933,  254  §  41;  first  sentence  revised,  1948,  112 
§  3;  section  revised,  1955,  245  §  1.    (See  1933,  254  §  66;  1955,  245  §  2.) 

Sect.  50  revised,  1948,  112  §  4. 

Sect.  54  revised,  1954,  444  §  1.    (See  1954,  444  §  5.) 

Sect.  57  amended,  1933,  151  §  1;  revised,  1933,  254  §  42;  1935,  158 
§  1;  amended,  1937,  203  §  1;  revised,  1938,  330  §  1;  1941,  258  §  1; 
first  two  sentences  revised,  1947,  522  §  1 ;  first  sentence  revised,  1949, 
265  §  1;  fourth  and  fifth  sentences  stricken  out  and  three  sentences 
inserted,  1947,  99  §  1;  sentence  added  at  end,  1949,  278  §  1.  (See 
1933,  151  §  2,  254  §  66;  1935,  158  §  2;  1937,  203  §  2;  1938,  330  §  2; 
1947,  99  §  2;  522  §  2;   1949,  265  §  2,  278  §  2.) 

Sect.  59,  sentence  added  at  end,  1933,  165  §  1;  section  revised,  1933, 
254  §  43,  266  §  1;  1934,  136  §  2;  amended,  1935,  187  §  1;  revised,  1939, 
250  §  1;  first  sentence  revised,  1943,  166  §  1;  1945,  621  §  4;  1946, 
199  §  1.  (See  1933,  254  §  66,  266  §  2;  1934,  136  §  3;  1935,  187  §  2; 
1946,  199  §  2;    1949,  277;   1950,  165.)    Temporarily  affected,  1953,  568. 

Sect.  60  revised,  1941,  209;  1945,  620. 

Sect.  61,  last  sentence  revised,  1933,  165  §  2. 

Sect.  61A  added,  1935,  276  §  2  (providing  for  adequate  discovery  in 
proceedings  for  tax  abatement). 

Sect.  63  amended,  1943,  79. 

Sect.  64,  first  paragraph  amended,  1933,  130  §  1 ;  second  paragraph 
amended,  1935,  218  §  2;  section  revised,  1937,  400  §  6;  1938,  478  §  1; 
first  sentence  amended,  1939,  31  §  6;  first  paragraph  revised,  1945,  621 
§  5;  second  paragraph  amended,  1939,  366  §  2;  1943,  248.  (See  1937, 
400  §§  1-5,  7.) 

Sect.  65  amended,  1933,  130  §  2,  167  §  1;  revised,  1938,  478  §  2; 
1939,  31  §  7;  first  sentence  revised,  1945,  621  §  6. 

Sect.  65A  added,  1932,  218  §  1  (providing  that  the  sale  or  taking  of 
real  property  for  payment  of  unpaid  taxes  thereon  shall  not  prejudice 
proceedings  for  the  abatement  of  such  taxes);  revised,  1933,  325  §  18. 
(See  1932,  218  §  2;   1933,  325  §  19.) 

Sect.  65B  added,  1938,  478  §  3  (relative  to  appeals  to  the  appellate 


Chap.  60.]  GENERAL  LaWS.  1049 

tax  board  from  the  refusal  of  assessors  to  abate  certain  taxes  on  real 
estate);  revised,  1945,  621  §  7. 

Sect.  65C  added,  1953,  476  §  1  (providing  for  late  entry  of  certain 
appeals  to  the  appellate  tax  board).     (See  1953,  476  §  2.) 

Sect.  69  amended,  1935,  218  §  3;   1939,  366  §  3. 

Sect.  70A  added,  1945,  351  §  1  (regulating  the  procedure  after  abate- 
ment of  a  local  tax,  assessment,  rate  or  charge). 

Sect.  73  amended,  1933,  254  §  44;  1953,  654  §  36;  stricken  out, 
1955,  344  §  2.    (See  1933,  254  §  66;  1955,  344  §  3.) 

Sect.  74  amended,  1933,  254  §  45;  1939,  24  §  3;  1945,  137.  (See 
1933,  254  §  66.) 

Sect.  75  amended,  1934,  104;   first  sentence  revised,  1946,  339. 

Sect.  77  revised,  1945,  333. 

Sect.  78  amended,  1941,  258  §  5. 

Sect.  79  amended,  1938,  150  §  1;  last  sentence  revised,  1946,  251 
§  2.     (See  1946,  251  §  3.) 

Sect.  83  amended,  1933,  254  §  46;  1939,  24  §  4.     (See  1933,  254  §  66.) 

Sect.  84  amended,  1933,  254  §  47.     (See  1933,  254  §  66.) 

Sect.  85  amended,  1933,  254  §  48;  repealed,  1945,  271.  (See  1933, 
254  §  66.)     Affected,  1941,  609. 

Sect.  86  amended,  1933,  254  §  49.     (See  1933,  254  §  66.) 

Chapter  60.  —  Collection  of  Local  Taxes. 

Sect.  1,  third  paragraph  re^nsed,  1933,  164  §  1;  last  two  paragraphs 
amended,  1943,  37  §  1. 

Sect.  3  revised,  1933,  254  §  50;  sentence  inserted  after  first  sentence, 
1954,  444  §  2;  amended,  1941,  258  §  2;  1943,  37  §  2;  sentence  inserted 
after  third  sentence,  1943,  166  §  2.    (See  1933,  254  §  66;  1954,  444  §  5.) 

Sect.  3A  added,  1934,  136  §  1  (requiring  that  certain  information 
relative  to  abatement  or  exemptions  be  included  in  tax  bills) ;  amended, 
1936,  156;  revised,  1943,  166  §  3;  564  §  1  (providing  that  additional 
information  be  included  in  certain  tax  bills  issued  subsequent  to  the 
termination  of  the  present  war);  sentence  added  at  end,  1952,  578  §  2; 
section  revised,  1954,  444  §  3.  (See  1934,  136  §  3;  1943,  564  §  2;  1949, 
277;  1954,  444  §§  4,  5.) 

Sect.  3B  added,  1935,  322  §  2  (relative  to  the  suspension  of  payment 
of  certain  assessments  payable  by  certain  persons  entitled  to  exemp- 
tion from  local  taxes). 

Sect.  4  revised,  1939,  342  §  5. 

Sect.  5,  revised,  1933,  168  §  2;  amended,  1941,  258  §  3;  last  sentence 
revised,  1955,  474  §  1. 

Sect.  13,  sentence  added  at  end,  1937,  143  §  5;  section  revised,  1939, 
44;    1941,308. 

Sect.  15,  first  paragraph  amended,  1934,  151  §  2;  1935,  252  §  1; 
section  revised,  1943,  179;   1952,  398;  amended,  1955,  474  §  2. 

Sect.  15\  added,  1935,  252  §  2  (further  regulating  charges  and  fees 
for  the  collection  of  poll  taxes) ;  revised,  1948,  386. 

Sect.  16  revised,  1933,  168  §  1;  amended,  1933,  254  §  51.  (See  1933, 
168  §  4,  254  §  66.) 

Sect.  18  repealed,  1932,  54  §  1. 

Sect.  22  revised,  1933,  254  §  52;  first  sentence  revised,  1947,  278; 
affected,  1933,  308.    (See  1933,  254  §  66.) 


1050  Changes  in  the  [Chap.  60. 

Sect.  22A  added,  1941,  573  §  1  (relative  to  bills  for  taxes  on  parcels 
of  real  estate  and  payments  on  account  thereof).    (See  1941,  573  §  2.) 

Sect.  23  revised,  1932,  197  §  1;  fourth  sentence  revised,  1952,  388; 
two  sentences  added  at  end,  1943,  478  §  3;  j&fth  sentence  amended, 
1954,  487  §  2A.    (See  1954,  487  §  3.) 

Sect.  34,  first  sentence  amended,  1947,  313. 

Sect.  35  revised,  1938,  150  §  2;   1946,  251  §  1.    (See  1946,  251  §  3.) 

Sect.  37  amended,  1933,  254  §  53,  325  §  1;    1934,  131  §  2;  revised, 

1934,  169;  amended,  1935,  269;  1936,  146;  last  sentence  revised,  1941, 
84  §  1;  section  revised,  1943,  478  §  1.  (See  1933,  254  §  66;  1934,  131 
§  3;   1941,  84  §  2.) 

Sect.  37A  added,  1943,  478  §  2  (relative  to  the  continuance  of  local 
tax  liens  during  the  existence  of  legal  impediments  to  sales  or  takings 
thereunder). 

Sect.  38  amended,  1933,  254  §  54,  325  §  2.  (See  1933,  254  §  66, 
325  §  21.) 

Sect.  39  amended,  1933,  325  §  3. 

Sect.  42  revised,  1933,  164  §  2. 

Sect.  43,  last  sentence  revised,  1932,  54  §  2;  section  amended,  1935, 
183,  236. 

Sect.  45  amended,  1933,  325  §  4;  1937,  209;  1938,  339  §  1. 

Sect.  46,  paragraph  added  at  end,  1934,  131  §  1. 

Sect.  48  amended,  1933,  325  §  5.    (See  1933,  325  §  20.) 

Sect.  50  revised,  1933,  325  §  6;  amended,  1935,  414  §  1;  1936,  93  §  2; 
amended,  1941,  319  §  1.    (See  1935,  414  §  4;   1941,  319  §§  3,  4.) 

Sect.  50 A  added,  1934,  154  §  2  (providing  for  protection  of  interests 
in  real  estate  held  under  tax  sales  or  takings). 

Sect.  50B  added,  1946,  185  (requiring  cities  and  towns  to  appro- 
priate or  provide  sums  necessary  for  foreclosure  of  tax  titles  by  pro- 
ceedings in  the  land  court). 

Sect.  51  amended,  1933,  254  §  55.    (See  1933,  254  §  66.) 

Sect.  52  revised,  1936,  392  §  1. 

Sect.  53  revised,  1933,  164  §  3.    (See  1933,  325  §  20.) 

Sect.  54  amended,  1933,  325  §  7;  1938,  339  §  2. 

Sect.  55  amended,  1933,  325  §  8. 

Sect.  58  revised,  1932,  2;   1939,  250  §  2. 

Sect.  59  amended,  1933,  254  §  56.    (See  1933,  254  §  66.) 

Sect.  60  revised,  1945,  130. 

Sect.  61  revised,  1933,  325  §  9;  amended,  1934,  48;  1936,  93  §  1. 
(See  1933,  325  §  20.) 

Sect.  61A  added,  1943,  188  (relative  to  taking  for  nonpayment  of 
taxes  lands  subject  to  tax  titles  held  by  municipaUties  when  the  assess- 
ment unit  is  changed). 

Sect.  62  revised,  1933,  325  §  10;  first  paragraph  amended,  1934, 
218;  same  paragraph  revised,  1935,  414  §  2;  second  paragraph  revised, 

1935,  278;  section  revised,  1936,  392  §  2;  second  paragraph  amended, 
1941,  231;  sentence  inserted  before  last  sentence  in  second  paragraph, 
1947,  133;  paragraph  inserted  after  the  second  paragraph,  1938,  415 
§  5.    (See  1935,  414  §  4.) 

Sect.  63  amended,  1933,  325  §  11;  revised,  1936,  392  §  3. 
Sect.  65  amended,  1933,  325  §  12;   1938,  305. 
Sect.  66  amended,  1935,  224  §  1.    (See  1935,  224  §  6.) 
Sect.  67  amended,  1935,  224  §  2.    (See  1935,  224  §  6.) 


Chap.  60.]  GENERAL  LaWS.  1051 

Sect.  68  amended,  1935,  224  §  3;  paragraph  added  at  end,  1935,  354 
§  1 ;  section  amended,  1935,  414  §  3.    (See  1935,  224  §  6,  354  §  3,  414  §  4.) 

Sect.  69  amended,  1935,  224  §  4;  sentence  added  at  end,  1945,  226 
§1.    (See  1935,  224  §  6.) 

Sect.  69A  added,  1945,  226  §  2  (relative  to  the  conclusiveness  of 
decrees  foreclosing  tax  titles). 

Sect.  70  amended,  1935,  224  §  5.     (See  1935,  224  §  6.) 

Sect.  71  amended,  1941,  319  §  2.     (See  1941,  319  §§  3,  4.) 

Sect.  75  amended,  1936,  189  §  1. 

Sect.  76  revised,  1935,  318  §  1;  amended,  1936,  189  §  2.  (See  1935, 
318  §§  2,  8.) 

Sect.  76A  added,  1935,  354  §  2  (providing  for  redemption  in  part 
from  tax  sales  in  certain  cases);  paragraph  added  at  end,  1939,  181; 
amended,  1953,  674  §  10.  (See  1935,  354  §  3.) 

Sect.  76B  added,  1938,  415  §  6  (relative  to  the  effect  of  errors  or 
irregularities  in  respect  to  water  rates  and  charges  included  in  a  tax 
title  account). 

Sect.  76C  added,  1945,  268  (providing  for  notice  to  certain  munic- 
ipal officers  of  certain  action  in  connection  with  tax  titles). 

Sect.  77,  paragraph  added  at  end,  1938,  339  §  3;  amended,  1953, 
654  §  37. 

Sect.  77A  added,  1945,  78  (relative  to  recording  of  deeds  of  cities 
and  towns  conveying  land  acquired  through  foreclosure  of  tax  titles). 

Sect.  77B  added,  1947,  224  §  1  (making  permanent  certain  temporary 
provisions  of  law  relative  to  certain  land  acquired  by  municipalities), 
(See  1947,  224  §  2.)  [For  prior  temporary  legislation,  see  1938,  358; 
1939,  123;   1941,  296.] 

Sect.  78  amended,  1933,  325  §  13;  repealed,  1936,  194.  (See  1933, 
325  §  20.) 

Sect.  79,  second  paragraph  amended,  1933,  325  §  14;  1935,  173  §  1; 
section  revised,  1941,  594  §  1. 

Sect.  80  amended,  1933,  325  §  15;  revised,  1935,  173  §  2;  amended, 
1941,  594  §  2.    (See  1939,  123;  1941,  296.) 

Sects.  80A  and  80B  added,  1941,  594  §  3  (relative  to  the  validity  of 
title  acquired  at  sales  of  lands  of  low  value  held  by  cities  and  towns 
under  tax  titles). 

Sect.  80B  revised,  1946,  302. 

Sect.  82  amended,  1945,  267  §  1. 

Sect.  83  amended,  1945,  267  §  2. 

Sect.  84  revised  1935  260. 

Sect!  84A  revised,  1933,  325  §  16;  1935,  181  §  1.    (See  1935,  181  §  2.) 

Sect.  92  revised,  1933,  82  §  1;  amended,  1934,  259  §  1. 

Sect.  93  revised,  1943,  199;  last  sentence  revised,  1945,  397  §  2. 
(See  1945,  397  §  3.) 

Sect  95  revised,  1933,  325  §  17;  amended,  1934,  315  §  2;  revised, 
1935,  248  §  3;  amended,  1939,  451  §  23;  1941,  380  §  6;  sentence  added 
at  end,  1943,  107;  revised,  1949,  202.    (See  1934,  315  §  3.) 

Sect.  97  revised,  1934,  151  §  1. 

Sect.  104  revised,  1937,  43. 

Sect.  105  revised,  1933,  168  §  3;    1941,  258  §  4. 

Form  2  in  schedule  at  end  of  chapter  repealed,  1932,  54  §  1 ;  schedule 
of  forms  at  end  of  chapter  stricken  out,  1933,  168  §  3. 


1052  Changes  in  the  [Chaps.  60A-62. 


Chapter  60A.  —  Excise  Tax  on  Registered  Motor  Vehicles  in  Lieu  of  Local 

Tax. 

For  legislation  exempting  certain  disabled  veterans  from  payment  of 
certain  motor  vehicle  excise  taxes  and  registration  fees,  see  1948,  368. 

Sect.  1,  first  paragraph  amended,  1936,  384  §  1;  last  paragraph 
amended,  1936,  384  §  2;  paragraph  added  at  end,  1938,  111;  section 
revised,  1938,  480  §  1;  table  revised,  1953,  653;  third  paragraph  re- 
vised, 1953,  654  §  38;  fourth  paragraph  amended,  1941,  718  §  1;  re- 
vised, 1949,  342;  amended,  1950,  666  §  1;  1951,  736  §  4;  paragraph 
inserted  after  fourth  paragraph,  1949,  401;  same  paragraph  revised, 
1950,  731;  1954,  548;  sixth  paragraph  revised,  1953,  388;  last  para- 
graph revised,  1947,  644;  1952,  412;  paragraph  added  at  end,  1951, 
165;  section  revised,  1954,  640  §  1;  fifth  paragraph  revised,  1955,  320; 
amended,  1955,  403  §  4;  sixth  paragraph  revised,  1955,  587  §  1.  (See 
1941,  718  §  2;  1951,  736  §  5;  1955,  403  §  14;  587  §  3.) 

Sect.  1A  added,  1949,  484  (providing  for  but  one  excise  tax  on  a 
motor  vehicle  in  each  year  in  certain  cases);  sentence  added  at  end, 
1952,  285;  repealed,  1955,  587  §  2.    (See  1955,  587  §  3.) 

Sect.  2  revised.  1936,  384  §  3;  1938,  480  §  2;  amended,  1939,  366 
§  4;  1950,  666  §  2;  1952,  400;  1953,  654  §  39;  1954,  373  §  1;  revised, 
1954,  640  §  2.     (See  1954,  373  §  2.) 

Sect.  2A  added,  1938,  492  §  1  (providing  for  the  suspension  of  cer- 
tificates of  registration  in  cases  of  nonpayment  of  the  excise  on  regis- 
tered motor  vehicles);  last  sentence  stricken  out,  1943,  18;  second 
sentence  revised,  1945,  443;  section  revised,  1953,  339  §  1.  (See  1953, 
339  §  2.) 

Sect.  3  revised,  1936,  384  §  4;   1938,  480  §  3. 

Sect.  4  revised,  1938,  480  §  4,  492  §  2. 

Sect.  5  stricken  out,  1953,  654  §  40. 

Sect.  6  amended,  1936,  384  §  5;  revised,  1938,  480  §  5. 

Chapter  61.  —  Classification  and  Taxation  of  Forest  Lands  and  Forest 
Products  (former  title  Taxation  of  Forest  Products  and  Classification 
and  Taxation  of  Forest  Lands). 

Chapter  stricken  out,  and  new  chapter  61  (with  new  title)  inserted,  1941, 
652  §  1.     (See  1941,  652  §  2.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  61  as  so  inserted: 

Sect.  1,  first  paragraph  stricken  out  and  two  paragraphs  inserted, 
1943,  461  §  1;  first  paragraph  amended,  1955,  705  §  1.  (See  1943, 
461  §§  4  and  5.) 

Sect.  2,  first  schedule  revised,  1955,  705  §  2;  second  schedule  and  all 
preceding  such  schedule  revised,  1943,  461   §  2.   (See  1943,  461   §§  4 

J-1 11(1     ^1 

Sect.  6  amended,  1943,  461  §  3.    (See  1943,  461  §§  4  and  5.) 
Sect.  7  added,  1955,  705  §  3  (relative  to  the  taxation  of  wild  land). 

Chapter  62.  —  Taxation  of  Incomes. 

For  legislation  establishing  an  additional  tax  upon  personal  incomes 
to  provide  funds  for  old  age  assistance,  see  1941,  729  §§  9,  15;  1948, 
503  §  5;  1949,  674  §  2;  1951,  386  §  2;  1953,  246  §  6;  1955,  707  §  5. 
(See  also  1951,  800  §§  1,  2,  3.) 


Chap.  62.]  GENERAL   LawS.  1053 

For  prior  temporary  legislation  relative  to  the  taxation  of  dividends 
of  certain  corporations,  see  1933,  307,  357;  1935,  489;  1936,  82  §  1; 
1937,  395;  1938,  489  §§  2-5;  1939,  373;  1941,  331;  1943,  285.  (See 
also  1945,  735.) 

For  temporary  legislation  providing  for  additional  taxes  upon  per- 
sonal incomes,  see  1935,  480;  1936,  397;  1937,  422;  1938,  502;  1939, 
454  §  19;  1941,  416  §§  1,  3;  1943,  482  §§  1,  3,  4;  1945,  557  §§  1,  3,  4; 
1948,  503  §§  1,  4,  6;  1949,  674  §  2;  1951,  386  §  2;  1953,  246  §  2;  1955, 
707  §  2.    (See  also  1951,  800  §§  1,  2,  3;   1953,  246  §§  5,  15.) 

For  temporary  legislation  relative  to  the  payment  of  income  taxes 
by  persons  who  served  in  the  armed  forces  of  the  United  States  during 
the  existing  war,  see  1946,  604. 

For  temporary  legislation  providing  that  income  taxes  shall  be  due 
and  pavable  when  the  tax  return  therefor  is  required  to  be  filed,  see 
1950,  8^6  §  2;  affected,  1951,  750;  1952,  623;  1953,  246  §  5;  1954, 
70  §  2.     (See  1950,  816  §  4.) 

Sect.  1,  first  sentence  revised,  1954,  679  §  1;  subsection  (a),  para- 
graph Fifth  added,  1946,  539;  subsection  (h)  revised,  1945,  735  §  1; 
subsection  (c),  paragraph  Third  added,  1935,  489  §  6;  subsection  (e) 
amended,  1935,  489  §  7;  subsection  (g)  revised,  1954,  545;  1955, 
635  §  1;  subsection  (h)  added,  1954,  679  §  2.  (See  1945,  735  §  5;  1954, 
679  §  7.) 

Sect.  3  revised,  1943,  45  §  1. 

Sect.  5,  first  sentence  of  subsection  (a)  revised,  1954,  679  §  3;  sub- 
section (b)  amended,  1935,  489  §  8;  revised,  1939,  486  §  1;  first  sentence 
stricken  out  and  three  sentences  inserted,  1954,  679  §  4;  subsection  (c) 
revised,  1934,  363  §  1;  1935,  481  §  1;  amended  and  paragraph  added 
at  end,  1954,  599  §  1;  subsection  revised,  1955,  635  §  2;  subsection  (/) 
and  (g)  added,  1954,  679  §  5.  (See  1934,  363  §  2;  1935,  481  §  2;  1939, 
486  §  3;   1954,  679  §  7.) 

Sect.  5A  added,  1955,  780  §  1  (relative  to  the  taxation  of  income 
earned  in  the  commonwealth  by  non-residents). 

Sect.  6,  first  paragraph  revised,  1954,  611  §  1;  amended,  1955, 
780  §  2;  clause  (a),  sentence  added  at  end,  1947,  485  §  1;  clause  (g) 
revised,  1935,  436  §  1;    clause  (h)  revised,  1943,  511;    1951,  800  §  4; 

1953,  514;  1954,  251  §  1,  657  §  1;  clause  (i)  added,  1955,  717  §  1. 
(See  1935,  436  §  2;  1947,  485  §  3;  1951,  800  §  6;  1954,  251  §  2,  611  §  3, 
657  §  2;    1955,  717  §  2,  780  §  10.) 

Sect.  6A  added,  1955,780  §  2A  (providing  for  a  credit  for  taxes  paid 
to  another  state  for  income  earned  therein).    (See  1955,  780  §  10.) 

Sect.  7  amended,  1953,  654  §  41;  first  paragraph  stricken  out,  1955, 
618  §  1;  second  and  third  paragraphs  revised,  1954,  599  §  2;  same 
paragraphs  stricken  out  and  three  paragraphs  inserted,  1955,  635  §  3. 

Sects.  7A  and  7B  added,  1935,  438  §  1  (relative  to  income  taxation 
of  gains  from  certain  transactions  in  real  property). 

Sect.  7B  amended,  1953,  654  §  42. 

Sect.  8,  paragraph  (a)  revised,  1951,  800  §  5;   paragraph  (e)  revised, 

1954,  560;  paragraph  (g)  amended,  1947,  83  §  2;  1952,  555;  paragraph 
(h)  added,  1945,  625  §  4;  paragraphs  (i)  and  (j)  added,  1947,  485  §  2; 
paragraph  (k)  added,  1954,  443.  (See  1947,  485  §  3;  1951,  800  §  6; 
1953,  208.) 

Sect.  9  amended,  1955,  592  §  1. 

Sect.  10  amended,  1954,  387  §  1;  revised,  1955,  592  §  2;  paragraph 
added  at  end,  1955,  780  §  3.    (See  1954,  387  §  2;  1955,  780  §  10.) 


1054  Changes  in  the  [Chap.  62A. 

Sect.  11  revised,  1955,  592  §  3. 

Sect.  12A  added,  1954,  679  §  6  (relative  to  the  exemption  of  certain 
unearned  income).    (See  1954,  679  §  7.) 

Sect.  13  revised,  1955,  527. 

Sect.  16  amended,  1953,  654  §  43. 

Sect.  17  revised,  1955,  780  §  4.    (See  1955,  780  §  10.) 

Sect.  18.    See  Sect.  18  of  Chapter  58  in  this  Table. 

Sect  21A  added,  under  caption  "presumption  as  to  inhabitancy", 
1936,  310  (providing  that  individuals  under  certain  circumstances  shall 
be  presumed  to  be  inhabitants  of  the  Commonwealth  for  income  tax 
purposes) ;  repealed,  1938,  489  §  8. 

Sect.  22  revised,  1939,  486  §  2;  clause  (a)  revised,  1954,  611  §  2; 
paragraph  added  at  end,  1954,  648  §  1 ;  1955,  780  §  5.  (See  1939, 
486  §3;   1954,  611  §  3;   1955,  780  §  10.) 

Sect.  24  revised,  1943,  45  §  2;  amended,  1954,  70  §  1.  (See  1954, 
70  §  2.) 

Sect.  25,  third  sentence  revised,  1955,  592  §  4;  last  sentence  revised, 
1947,  322  §  1. 

Sect.  25 A  added,  1935,  438  §  3  (relative  to  returns  of  taxable  gains 
from  certain  transactions  in  real  property). 

Sect.  29  revised,  1954,  648  §  2. 

Sect.  30  amended,  1935, 152;  first  sentence  amended,  1951,  452  §  1. 

Sect.  31  revised,  1943,  45  §  3. 

Sect.  32,  third  sentence  amended,  1951,  452  §  2;   1953,  654  §  44. 

Sect.  33,  first  paragraph  revised,  1943,  45  §  4;  1954,  391  §  1;  amended, 
1955,  780  §  6;  second  paragraph  revised,  1945,  735  §  2;  paragraph 
added,  1932,  186.    (See  1945,  735  §  5;  1954,  391  §  2;  1955,  780  §  10.) 

Sect.  34  repealed,  1947,  483  §  2. 

Sect.  36  amended,  1933,  167  §  2;  revised,  1955,  539  §  1. 

Sect.  37  revised,  1933,  350  §  1;  amended,  1949,  698  §  1;  sentence 
inserted  after  second  sentence,  1954,  605  §  1.  (See  1933,  350  §  9;  1949, 
698  §  2;  1954,  605  §  2.) 

Sect.  37A  added,  1933,  350  §  2  (providing  for  the  payment  of  income 
taxes  in  two  installments);  amended,  1947,  322  §  2;  revised,  1954,  69; 
temporarily  affected,  1950,  816  §  2;  1951,  750;  1952,  623  §  2;  1953, 
246  §  5.    (See  1933,  350  §  9;  1950,  816  §  4.) 

Sect.  38  stricken  out,  1953,  654  §  45. 

Sect.  39,  first  sentence  revised,  1933,  350  §  3.     (See  1933,  350  §  9.) 

Sect.  41  revised,  1932,  152;  1933,  350  §  4.     (See  1933,  350  §  9.) 

Sect.  43  amended,  1933,  350  §  5;  1937, 135  §  2;  first  sentence  stricken 
out  and  three  sentences  inserted,  1951,  528;  section  amended,  1953, 
654  §  46;  revised,  1954,  269;   1955,  545.    (See  1933,  350  §  9.) 

Sect.  44  amended,  1953,  654  §  47. 

Sect.  45  amended,  1939,  451  §  24;   1945,  523  §  2;   1953,  654  §  48. 

Sect.  46  revised,  1933,  350  §  6;   1955,  243.    (See  1933,  350  §  9.) 

Sect.  56  revised,  1943,  45  §  5;   1955,  539  §  2. 

Sect.  58  revised,  1955,  661. 

Sect.  61  added,  1952,  262  (defining  the  term  "received"  as  relates 
to  income). 

Sect.  62  added,  1955,  618  §  2  (relating  to  the  method  of  accounting 
required  under  the  income  tax  law). 

Chapter  62A.  —  Simplified  Method  of  Computing  Individual  Income  Taxes. 
New  chapter  inserted,  1955,  692  §  1.     (See  1955,  692  §  2.) 


Chap.  63.]  GENERAL  LaWS.  1055 


Chapter  63.  —  Taxation  of  Corporations. 

Sect.  1,  paragraph  defining  "Bank"  revised,  1943,  472;  paragraph 
defining  "Net  income"  revised,  1933,  327  §  1.     (See  1933,  327  §  7.) 

Sect.  2  amended,  1933,  327  §  2;  1939,  451  §  25;  1941,  509  §  3; 
1953,  654  §  49;  temporarily  affected,  1951,  386  §  5;  1953,  246  §  9; 
1955,  707  §  8.    (See  1933,  327  §  7;  1941,  509  §  9.) 

Sect.  3  amended,  1933,  254  §  58;  1934,  323  §  5;  1945,  161  §  2; 
1953,  654  §  50;  1955,  611  §  1.    (See  1933,  254  §  66;   1934,  323  §  11.) 

Sect.  4  amended,  1939,  368;   1941,  509  §  4.    (See  1941,  509  §  9.) 

Sect.  5  amended,  1933,  254  §  59;  repealed,  1934,  323  §  1.  (See  1933, 
254  §  66;   1934,  323  §  11.) 

Sect.  6  repealed,  1934,  323  §  1.    (See  1934,  323  §  11.) 

Sect.  12,  paragraph  (c)  amended,  1937,  274  §  1;  1955,  432  §  5; 
paragraph  (h)  added,  1934,  362;  paragraph  (i)  added,  1948,  544  §  7A; 
paragraphs  (j)  and  (k)  added,  1953,  292;  paragraph  (1)  added,  1954, 
354;  paragraph  (m)  added,  1954,  436;  paragraph  (?i)  added,  1954,  543; 
paragraph  (o)  added,  1955,  476  §  9.  (See  1955,  432  §§  2,  4,  24;  476 
§10.) 

Sect.  18  revised,  1939,  447  §  1;  1948,  486  §  1;  amended,  1954, 
515  §  1.    (See  1939,  447  §  3;   1948,  486  §§  2-4.) 

Sect.  18A  amended,  1939,  447  §  2;  1953,  654  §  51.  (See  1939,  447 
§3.) 

Sect.  20  amended,  1941,  509  §  5;  revised,  1943,  531  §  1;  amended, 
1953,  654  §  52.    (See  1941,  509  §  9;   1943,  531  §§  2,  3,  7;   1948,  587.) 

Sect.  22  revised,  1945,  721  §  1;  amended,  1946,  387  §  1;  temporarily 
affected,  1951,  386  §  6;  1953,  246  §  10;  1955,  707  §  9.  (See  1945,  721  §  5; 
1946,  387  §  7.) 

Sect.  23  revised,  1945,  721  §  2;  amended,  1946,  387  §  2.  (See  1945, 
721  §  5;   1946,  387  §  7.) 

Sect.  24  amended,  1943,  531  §  4;  revised,  1945,  721  §  3.  (See  1943, 
531  §  7;   1945,  721  §  5.) 

Sect.  25  amended,  1943,  531  §  5;  1945,  721  §  4;  1953,  654  §  53. 
(See  1943,  531  §  7;  1945,  721  §  5.) 

Sect.  26  amended,  1946,  387  §  3;  1953,  654  §  54.    (See  1946,  387  §  7.) 

Sect.  27  amended,  1946,  387  §  4.    (See  1946,  387  §  7.) 

Sect.  28  amended,  1939,  451  §  27;  1941,  509  §  6;  revised,  1943,  531 
§  6;  paragraph  inserted  after  second  paragraph,  1945,  342;  second  and 
third  paragraphs  re\'ised,  1946,  387  §  5;  third  paragraph  revised,  1950, 
427;  paragraph  inserted  after  third  paragraph,  1953,  633;  last  para- 
graph amended,  1953,  654  §  55.  (See  1941,  509  §  9;  1943,  531  §  7; 
1946,  387  §  7.) 

Sect.  29A  added,  1946,  387  §  6  (relative  to  the  taxation  of  marine 
and  fire  and  marine  insurance  companies).    (See  1946,  387  §  7.) 

Sect.  29B  added,  1947,  488  §  4  (relative  to  the  taxation  of  the  ex- 
change of  reciprocal  or  inter-insurance  contracts). 

Sects.  30-51.  For  temporary  legislation  providing  for  further  addi- 
tional taxes  levied  under  these  sections,  see  1947,  598:  1948,  574;  1949, 
674;   1950,  608;   1951,  386;   1953,  246;  1955,  707  §1. 

Sect.  30-60.  For  legislation  establishing  an  additional  tax  under 
these  sections  to  provide  funds  for  old  age  assistance,  see  1941,  729 
§§  9,  15. 

For  temporary  legislation  providing  for  additional  taxes  levied  under 
these  sections,  see  1935,  480;    1936,  397;    1937,  422;    1938,  502;    1939, 


1056  Changes  in  the  [Chap.  63. 

454  §  19;  1941,  416  §§  1,  3;  1943,  482  §§  1,  3,  4;  1945,  557  §§  1,  3,  4; 
1948,  503  §§  1,  4,  6;  574. 

Sect.  30,  paragraph  2  revised,  1943,  459  §  1;  paragraph  3,  subdivi- 
sion (a)  revised,  1939,  24  §  5;  sentence  added  at  end,  1947,  622  §  1; 
paragraph  contained  in  Unes  48-51  amended,  1933,  58  §  3,  revised,  1943, 
459  §  2;  paragraph  contained  in  Unes  52-69  revised,  1934,  237  §  1; 
paragraph  4,  subdivision  (a)  revised,  1939,  24  §  6;  sentence  added  at 
end,  1947,  622  §  2;  paragraph  contained  in  lines  70-74  amended,  1933, 
58  §  4;  revised,  1934,  237  §  1;  1943,  459  §  3;  paragraph  5  revised,  1933, 
327  §  3.    (See  1933,  58  §  5,  327  §  7;   1934,  237  §  2;   1947,  622  §  5.) 

Sect.  32  revised,  1933,  342  §  1;  amended,  1936,  362  §  5;  1939,  363 
§  1.    (See  1933,  342  §  6;   1936,  362  §  8;   1939,  363  §  2.) 

Sect.  32A  amended,  1933,  342  §  2.    (See  1933,  342  §  6.) 

Sect.  33  revised,  1933,  303  §  1.    (See  1933,  303  §  3.) 

Sect.  34  amended,  1933,  327  §  4.    (See  1933,  327  §  7.) 

Sect.  35  revised,  1933,  58  §  1;  amended,  1953,  654  §  56. 

Sect.  36  revised,  1933,  327  §  5;  amended,  1935,  473  §  2;  second  sen- 
tence revised,  1950,  506;  first  two  sentences  stricken  out  and  sentence 
inserted,  1954,  270  §  1;  section  amended,  1953,  654  §  57;  paragraph 
added  at  end,  1954,  270  §  2;  section  revised,  1955,  613.  (See  1933, 
327  §  7;  1935,  473  §  7.) 

Sect.  38,  paragraph  10  added  at  end,  1933,  342  §  3.  (See  1933, 
342  §  6.) 

Sect.  38B,  first  sentence  amended,  1953,  654  §  58;  last  paragraph 
amended,  1935,  473  §  3.  (See  1935,  473  §  7.)  [For  temporary  legis- 
lation affecting  taxation,  during  the  years  1934  to  1946,  inclusive,  of 
corporations  subject  to  this  section,  see  1934,  317  §  1;  1935,  489  §  4; 
1937,  395  §  5;  1938,  489  §  6;  1939,  373  §  5;  1941,  331  §  5;  1943,  285 
§5.] 

Sect.  38C  revised,  1937,  383  §  1.    (See  1937,  383  §  3.) 

Sect.  39,  subsection  (1)  revised,  1936,  362  §  6;  last  paragraph 
amended,  1933,  327  §  6;  new  paragraph  added  at  end,  1933,  342  §  4. 
(See  1933,  327  §  7,  342  §*6;   1936,  362  §  8.) 

Sect.  39 A  revised,  1933,  303  §  2;  first  paragraph  amended,  1934,  134. 
(See  1933,  303  §  3.) 

Sect.  40  revised,  1933,  58  §  2. 

Sect.  42,  last  sentence  amended,  1932,  180  §  11;  section  revised, 
1933,  342  §  5;  last  sentence  stricken  out,  1953,  654  §  59.  (See  1933, 
342  §  6.) 

Sect.  42B  revised,  1937,  383  §  2.     (See  1937,  383  §  3.) 

Sect.  43  repealed,  1945,  735  §  3.  (See  1933,  307  §  9A;  1935,  489 
§  2;  1937,  395  §  2;  1938,  489  §  3;  1939,  373  §  2;  1941,  331  §  2;  1943, 
285  §  2.) 

Sect.  44  amended,  1935,  473  §  4;  1936,  362  §  7;  last  sentence  revised, 
1955,  549  §  1.    (See  1935,  473  §  7;  1936,  362  §  8.) 

Sect.  45  amended,  1933,  195  §  1;  revised,  1935,  473  §  5;  amended, 
1943,  395;  1950,  505;  first  sentence  revised,  1955,  549  §  2.  (See  1933, 
195  §  2;   1935,  473  §  7.) 

Sect.  46  revised,  1954,  193;  sentence  added  at  end,  1955,  549  §  3. 

Sect.  47  stricken  out,  1953,  654  §  60. 

Sect.  48  revised,  1935,  473  §  1.     (See  1935,  473  §  7.) 

For  temporary  legislation  providing  that  certain  taxes  payable  under 
this  section  shall  be  due  and  payable  when  the  tax  return  therefor  is 


Chap.  63A.]  GENERAL  LaWS.  1057 

required  to  be  filed,  see  1950,  816;  affected,  1951,  750;  1952,  623  §  2; 
1953,  246  §  5;   1954,  70  §  2. 

Sect.  49  amended,  1953,  654  §  61. 

Sect.  51,  first  sentence  stricken  out  and  three  sentences  inserted, 
1951,  529;  section  amended,  1953,  654  §  62;   1954,  515  §  2. 

Sect.  52,  second  sentence  amended,  1946,  394  §  1 ;  fourth  sentence 
amended,  1946,  394  §  2;   eighth  sentence  amended,  1955,  611  §  2. 

Sect.  52A  added,  1951,  641  §  1  (relative  to  taxation  of  certain  utiUty 
corporations);  subdivision  (1),  paragraph  (6)  amended,  1952,  344; 
1955,  611  §  3;  subdivision  (4)  amended,  1954,  515  §  3;  subdivision  (9) 
amended,  1955,  611  §  4;  clause  Fifth  revised,  1954,  490;  subdivisions 
(6)  and  (7)  amended,  1953,  654  §  63;  subdivision  (6)  amended,  1954, 
515  §  4.    (See  1951,  641  §§  18,  19.) 

Sect.  53,  first  paragraph  amended,  1933,  254  §  60;  1941,  509  §  7; 
1951,  641  §  11;  clause  Third  amended,  1955,  611  §5;  clause  Fourth 
revised,  1934,  323  §  6;  stricken  out,  1951,  641  §  11.  (See  1933,  254 
§  66;  1934,  323  §  11;  1941,  509  §  9;  1951,  641  §§  18,  19.) 

Sect.  54,  paragraph  in  lines  9-17  amended,  1933,  254  §  61;  same 
paragraph  revised,  1934,  323  §  7;  last  paragraph  amended,  1934,  323 
§  7A;  section  repealed,  1951,  641  §  2.  (See  1933,  254  §  66;  1934,  323 
§11;  1951,641  §§18,  19.) 

Sect.  55,  first  paragraph  amended,  1936,  134;  section  amended,  1939, 
24  §  7;  second  last  paragraph  revised,  1947,  622  §  3;  section  revised, 
1951,  641  §  12,     (See  1947,  622  §  5;  1951,  641  §§  18,  19.) 

Sect.  56A  revised,  1934,  317  §  3;  amended,  1951,  641  §  13.  (See 
1934,  317  §  4;   1951,  641  §§  18,  19.) 

Sect.  58  amended,  1951,  641  §  14.     (See  1951,  641  §§  18,  19.) 

Sect.  59  amended,  1934,  323  §  8;  1951,  641  §  15.  (See  1934,  323  §  11; 
1951,  641  §§  18,  19.) 

Sect.  60  amended,  1939,  451  §  28;    1941,  509  §  8;    1954,  515  §  5; 

1953,  654  §  64.    (See  1941,  509  §  9.) 

Sect.  67,  sentence  added  at  end,  1951,  641  §  16.     (See  1951,  641 
§§  18,  19.) 
Sect.  68A  amended,  1939,  24  §  8;  revised,  1947,  622  §  4;  amended, 

1954,  515  §  6.    (See  1947,  622  §  5.) 

Sect.  69  amended,  1951,  641  §  17.     (See  1951,  641  §§  18,  19.) 

Sect.  70  revised,  1935,  473  §  6.     (See  1935,  473  §  7.) 

Sect.  71  amended,  1933,  167  §  3;  1939,  451  §  29;  1945,  523  §  3; 
1953,  654  §  65;  revised,  1954,  515  §'|7. 

Sect.  71A  amended,  1935,  150;   1939,  451  §  30;   1953,  654  §  66. 

Sect.  71B  added,  1937,  135  §  3  (providing  that  appUcations  for  abate- 
ment or  correction  of  taxes,  made  pursuant  to  any  provision  of  this 
chapter,  shall  be  in  writing  upon  forms  approved  by  the  commissioner) ; 
amended,  1953,  654  §  67. 

Sect.  76  revised,  1954,  461  §  1.    (See  1954,  461  §§  3,  4.) 

Sect.  81  revised,  1939,  24  §  9. 

Chapter  63A.  —  Taxation  of  Certain  Corporations,  Associations  and 
Organizations  Engaged  in  the  Sale  of  Alcoholic  Beverages. 

For  temporary  legislation  providing  for  additional  taxes  upon  certain 
corporations,  see  1948,  503  §§  3,  4;  1949,  674  §  4;  1951,  386  §§  4,  7; 
1953,  246  §§  8,  11,  15;   1955,  495,  707  §  7. 


1058  Changes  in  the  [Chaps.  64-64B. 

For  temporary  legislation  providing  that  certain  taxes  under  this 
chapter  shall  be  due  and  payable  when  the  tax  return  therefor  is  re- 
quired to  be  filed,  see  1950,  816;  affected,  1951,  750;  1952,  623;  1953, 
246. 

New  chapter  inserted,  1947,  632  §  1.     (See  1947,  632  §  3.) 

Sect.  2  amended,  1953,  654  §  68. 
Sect.  3  amended,  1953,  654  §  69. 
Sect.  5  amended,  1953,  654  §  70. 

Chapter  stricken  out  and  new  chapter  63A  inserted,  1955,  580  §  1.  (See 
1955,  580  §  2.) 

Chapter  64.  —  Taxation  of  Stock  Transfers. 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1953. 

Chapter  repealed,  1954,  353  §  1.     (See  1954,  353  §§  2,  3.) 

Chapter  64A,  —  Taxation  of  Sales  of  Gasoline  and  Certain   Other  Motor 

Vehicle  Fuel. 

Chapter  affected,  1932,  248;  1935,  336;  1936,  398;  1938,  431  §  2; 
1939,408;   1941,330;   1943,270;   1945,571;   1949,  744  §  3. 

Sect.  1,  paragraph  (d)  revised,  1936,  357  §  1;  amended,  1948,  492 
§  1;  revised,  1951,  414  §  1;  sentence  defining  "Diesel  engine  fuel" 
added,  1947,  666  §  1;  paragraph  (g)  amended,  1941,  490  §  16.  (See 
1936,  357  §  3;   1947,  666  §§  2A,  4.) 

Sect.  3,  last  sentence  amended,  1943,  420  §  1. 

Sect.  4  revised,  1938,  431  §  1,  paragraph  added  at  end,  1945,  556 
section  revised,  1949,  744  §  1;  second  sentence  revised,  1951,  699  §  2 
1952,  556  §  12;  section  amended,  1953,  654  §  72.  (See  1951,  699  §§  3-5 
1952,  556  §§  13-15.) 

Sect.  4A  added,  1947,  666  §  2  (providing  for  the  taxation  of  Diesel 
engine  fuel);  next  to  last  sentence  revised,  1948,  464;  section  stricken 
out  and  sections  4A-4E  inserted,  1949,  744  §  2  (relative  to  the  sale, 
distribution  and  rate  of  tax  on  Diesel  engine  fuel).  (See  1947,  666 
§§  2A,  4.) 

Sect.  4A  revised,  1951, 414  §  2. 

Sect.  5  amended,  1936,  357  §  2;  1939,  451  §  32;  revised,  1943,  420 
§  2;  amended,  1953,  654  §  73.    (See  1936,  357  §  3.) 

Sect.  7  revised,  1943,  420  §  3;  first  sentence  revised,  1948,  492  §  2; 
amended,  1952,  377  §  3;  section  amended,  1949,  200;  1953,  654  §  74. 

Sect.  9  amended,  1953,  654  §  75. 

Sect.  10  amended,  1939,  451  §  33;  revised,  1943,  420  §  4;  second 
sentence  revised,  1953,  654  §  76. 

Sect.  12  revised,  1941,  490  §  17. 

Chapter  64B.  —  Excise  upon  Charges  for  Meals  served  to  the  Public. 
New  chapter  inserted,  1941,  729  §  17.     (See  1941,  729  §  15.) 

Sect.  1,  definition  of  "taxable  charge,"  revised,  1945,  663  §  1;  1946, 
326  §  1;   1949,  725;   1953,  627  §  1. 

Sect.  2  revised,  1945,  663  §  2;    1946,  326  §  2;   amended,  1953,  654 

§77. 


Chaps.  64C-65.1  GENERAL  LawS.  1059 

Sect.  2 A  added,  1953,  627  §  2  (exempting  certain  meals  from  the 
excise  imposed  by  this  chapter). 

Sect.  3  revised,  1945,  663  §  3;  1946,  326  §  3. 

Sect.  4  revised,  1953,  617. 

Sect.  5  amended,  1953,  654  §  78. 

Sect.  6,  paragraph  added  at  end,  1943,  521  §  2;  amended,  1948,  658; 
1953,  654  §  79;  second  paragraph  revised,  1954,  503  §  1.  (See  1954, 
503  §  2.) 

Sect.  7  revised,  1946,  564;  next  to  last  sentence  stricken  out  and 
two  sentences  inserted,  1953,  654  §  80. 

Sect.  10  amended,  1953,  654  §  81;  revised,  1955,  540  §  4.  (See  1955, 
540  §§  5-7.) 

Chapter  64C.  —  Cigarette  Excise. 

New  chapter  inserted,  1945,  547  §  1.     (See  1945,  547  §§  2,  3;    731  §  9;    1949, 

771.) 

For  legislation  providing  for  temporary  cigarette  taxes,  see  1939, 
454  §§  1-18;  1941,  417,  715;  1943,  407;  1945,  731  §  9;  1949,  771; 
1951,  386  §  9;   1953,  246  §  13;  1955,  707  §  11. 

For  legislation  providing  for  temporary  taxes  on  cigars  and  tobacco, 
see  1949,  796  §  2  (see  1949,  796  §  3);  repealed,  1950,  827. 

Sect.  4  amended,  1953,  654  §  82. 

Sect.  6  amended,  1953,  654  §  83. 

Sect.  22  amended,  1953,  654  §  84. 

Sect.  23  amended,  1953,  654  §  85. 

Sect.  25  amended,  1953,  654  §  86. 

Chapter  64D.  —  Excise  on  Deeds,  Instruments  and  Writings. 
New  chapter  inserted,  1951,  710  §  1.     (See  1951,  710  §  2.) 

Sect.  1  revised,  1953,  303. 

Sect.  2,  sentence  inserted  after  first  sentence,  1955,  651  §  2. 

Sect.  3,  five  paragraphs  added  at  end,  1955,  651  §  1. 

Sects.  3A  and  3B  added,  1954,  550  (establishing  a  fund  for  the 
purchase  by  registries  of  deeds  of  documentary  stamps  to  be  sold  by 
said  registries). 

Sect.  4  amended,  1953,  654  §  87. 

Sect.  6,  second  sentence  stricken  out  and  two  sentences  inserted, 
1953,  503. 

Chapter  65.  —  Taxation  of  Legacies  and  Successions. 

For  legislation  establishing  an  additional  tax  upon  legacies  and  suc- 
cessions to  provide  funds  for  old  age  assistance,  see  1941,  729  §§  9 A,  15. 

For  temporary  legislation  providing  for  additional  taxes  upon  legacies 
and  successions,  see  1935,  480;  1936,  397;  1937,  422;  1938,  502;  1939, 
454  §§  20,  22;  1941,  416  §§  2,  3;  1943,  482  §§  2,  3,  4;  1945,  557  §§  2, 
3,  4;  1948,  503  §§  2,  4;  1949,  674  §  3;  1951,  386  §  3;  1953,  246  §  7; 
1955,  707  §  6. 

Sect.  1,  table  revised,  1933,  293;  1941.  415  §  1;  first  sentence  re- 
vised, 1941,  605  §  1;  amended,  1949,  792  §  1;  revised,  1950,  556; 
1955,  596;  paragraph  added  after  table,  1949,  792  §  2.  (See  1941, 
415,  §  2,  605  §  2.) 

Sect.  3  amended,  1939,  380. 


1060  Changes  in  the  [Chaps.  65A-66. 

Sect.  9,  first  sentence  revised,  1952,  445  §  1;  paragraph  added  at 
end,  1954,  595  §  1.    (See  1954,  595  §§  2,  3.) 

Sect.  U  amended,  1949,  749. 

Sect.  14  amended,  1953,  654  §  88. 

Sect.  15  revised,  1948,  543  §  1.    (See  1948,  543  §  2.) 

Sects.  24A-24F  added,  1933,  319  (providing  reciprocal  relations  in 
respect  to  death  taxes  upon  estates  of  non-resident  decedents). 

Sect.  25  amended,  1939,  451  §  34;  revised,  1939,  494  §  1;  1954, 
572  §  1. 

Sect.  26  amended,  1939,  451  §  35;  revised,  1939,  494  §  2;  amended, 
1953,  654  §  89;  revised,  1954,  572  §  2. 

Sect.  27  amended,  1953,  654  §  90. 

Sect.  32  amended,  1939,  451  §  36;  last  sentence  stricken  out,  1945, 
523  §  4. 

Chapter  65A.  —  Taxation  of  Transfers  of  Certain  Estates. 

Sect.  1,  paragraph  added  at  end,  1932,  284;  second  paragraph  revised, 
1933,  316  §  1;  section  amended,  1937,  420  §  1.  (See  1933,  316  §  2; 
1937,  420  §  4.) 

Sect.  5  stricken  out,  and  new  sections  5-5B  inserted,  1943,  519  §  1 
(providing  for  the  equitable  apportionment  in  certain  cases  of  estate 
taxes  and  the  collection  and  payment  thereof).     (See  1943,  519  §  2.) 
Sect.  5  revised,  1948,  605  §  1.     (See  1948,  605  §§  3,  4.) 
Sect.  5A  revised,  1948,  605  §  2.     (See  1948,  605  §§  3,  4.) 
Sect.  6  amended,  1937,  420  §  2;  last  sentence  revised,  1943,  471;  1945, 
529;  section  amended,  1953,  654  §  91.    (See  1937,  420  §  4.) 
Sect.  7  repealed,  1937,  420  §  3.     (See  1937,  420  §  4.) 

Chapter  65B.  —  Settlement  of  Disputes  respecting  the  Domicile  of  Dece- 
dents for  Death  Tax  Purposes. 

New  chapter  inserted,  1943,  428  §  1.      (See  1943,  428  §  3.) 

Sect.  3  amended,  1953,  654  §  92. 

Sect.  4,  paragraph  (a)  amended,  1953,  654  §  93. 

Chapter  66.  —  Public  Records. 

Sect.  1  amended,  1945,  580  §  7. 

Sect.  3  revised,  1936,  305:   1941,  662  §  1. 

Sect.  4  amended,  1950,  310. 

Sects.  5,  7  and  16  affected,  1941,  662  §  2. 

Sect.  8  amended,  1943,  128;  1949,  395  §  2.  (See  1949,  395  §  3; 
1950,  182,  350.) 

Sect.  8 A  added,  1951,  56  (relative  to  the  destruction  of  certain 
records  by  city  and  town  clerks). 

Sect.  10  revised,  1948,  550  §  5. 

Sect.  13,  sentence  added  at  end,  1951,  200. 

Sect.  15  amended,  1939,  40. 

Sect.  16  revised,  1948,  550  §  6. 

Sect.  17A  added,  1941,  630  §  1  (making  records  relating  to  old  age 
assistance,  aid  to  dependent  children  and  aid  to  the  blind  confidential) ; 
revised,  1943,  169;  amended,  1945,  240  §  1;  revised,  1946,  67;  amended, 
1948,  202;  revised,  1948,  525;  amended,  1953,  342. 

Sect.  18  amended,  1945,  393  §  6. 


Chaps.  67-69.]  GENERAL  LaWS.  1061 


Chapter  67.  —  Parishes  and  Religious  Societies. 

Sect.  7  revised,  1945,  28. 

Sect.  40  amended,  1952,  580. 

Sect.  55  added,  1953,  592  (to  provide  for  the  incorporation  of  churches, 
congregations,  parishes,  committees  and  other  rehgious  organizations 
under  the  jurisdiction  of  the  Orthodox  Church). 

Chapter  68.  —  Donations  and  Conveyances  for  Pious  and  Charitable  Useii. 

Sect.  10,  sentence  added  at  end,  1934,  238. 
Sect.  15  amended,  1946,  23;  repealed,  1954,  529  §  3. 
Sect.  17  added,  1954,  559  (relative  to  the  solicitation  of  funds  for 
charitable  purposes);    fifth  paragraph  amended,  1955,  498. 

Chapter  69.  —  Powers  and  Duties  of  the  Department  of  Education. 

For  an  act  to  encourage  the  estabUshment  of  regional  and  consoli- 
dated public  schools  and  to  provide  financial  assistance  to  cities  and 
towns  in  the  construction  of  school  buildings,  see  1948,  645;  1949,  637; 
741. 

Sect.  4  revised,  1952,  585  §  8. 

Sect.  6  amended,  1932,  127  §  3. 

Sect.  7  amended,  1935,  275;  1937,  213,  327;  1938,  315;  revised, 
1938,  424;  amended,  1941,  351  §  6,  561;  revised,  1943,  403. 

Sect.  7A  added,  1946,  439  §  1  (extending  to  certain  members  of  the 
armed  forces,  and  to  veterans  of  World  War  II,  university  extension 
courses  free  of  charge);  revised,  1954,  627  §  20.  (See  1946,  439  §  2; 
1954,  627  §§  65,  67.) 

Sect.  7B  added,  1946,  548  §  1  (relative  to  higher  educational  oppor- 
tunities for  children  of  certain  deceased  members  or  former  members 
of  the  armed  forces);  first  paragraph  amended,  1948,  381;  second  para- 
graph amended,  1947,  399;  1948,357;  section  revised,  1950,  758;  1951, 
747;  amended,  1952,  497;  first  paragraph  revised,  1954,  627  §  21. 
(See  1954,  627  §§  65,  67.) 

Sect.  8  amended,  1932,  127  §  4. 

Sect.  9,  442  §  1  amended,  1938. 

Sect.  9A  added,  1938,  442  §  2  (further  regulating  education  in  the 
use  of  English  and  certain  other  subjects  adapted  to  fit  persons  for 
American  citizenship). 

Sect.  lOA  added,  1951,  693  (providing  for  the  advancement  of 
education  for  American  citizenship). 

Sect.  11  revised,  1939,  409  §  4.     (See  1939,  409  §§  1,  5.) 

Sect.  13  stricken  out  and  sections  13-13D  inserted,  1951,  673  §  1. 
(See  1951,  673  §  8.) 

Sect.  14  revised,  1951,  673  §  2. 

Sect.  15,  sentence  added  at  end,  1951,  673  §  3. 

Sect.  16  repealed,  1952,  345. 

Sects.  17  and  18  stricken  out  and  section  17  inserted,  1951,  673  §  4. 

Sect.  19  amended,  1943,  89  §  1;  revised,  1951,  673  §  5. 

Sect.  19A  added,  1943,  89  §  2  (requiring  reports  to  the  director  of 
the  division  of  the  Wind  of  results  of  examinations  of  bUnd  persons). 

Sect.  19B  added,  1945,  554  (providing  for  examinations  by  ophthal- 
mologists of  certain  appUcants  for  aid  to  the  blind). 


1062  Changes  in  the  [Chap.  70. 

Sects.  20-22  repealed,  1951,  673  §  6. 

Sect.  23  revised,  1943,  526;  first  paragraph  amended,  1947,  458; 
1951,  555;  paragraph  inserted  after  first  paragraph,  1951,  551;  para- 
graph added  at  end,  1945,  541  §  1. 

Sect.  23A  added,  1938,  28  (requiring  the  furnishing  of  information 
to  the  director  of  the  division  of  the  bhnd  by  certain  banks  and  other 
depositories). 

Sect.  23B  added,  1945,  541  §  2  (relative  to  granting  aid  or  assistance 
to  certain  blind  persons). 

Sect.  24A  added,  1953,  457  §  1  (providing  that  permits  to  operate 
vending  stands  in  pubhc  buildings  be  granted  to  the  division  of  the 
blind).    (See  1953,  457  §  2.) 

Sect.  25  revised,  1935,  397. 

Sects.  25A-25E  added,  1938,  329  (regulating  the  raising  of  funds  for 
the  benefit  of  the  blind). 

Sect.  26,  first  sentence  amended,  1945,  524;  1951,  673  §  6A;  para- 
graph added  at  end,  1935,  286;  section  revised,  1952,  498  §  1. 

Sect.  26A  added,  1941,  630  §  2  (relative  to  information  concerning 
recipients  of  aid  to  the  blind). 

Sect.  28  revised,  1952,  498  §  2. 

Sect.  29  added,  1938,  313  (relative  to  instruction  in  lip  reading  for 
certain  school  children  whose  hearing  is  defective) 

Sects.  29A  and  29B  added,  1954,  514  §  3  (relative  to  the  powers  and 
duties  of  the  division  of  special  education  for  mentally  retarded  chil- 
dren); revised,  1955,  626  §  1. 

Sects.  30  and  31  added,  1943,  549  §  3,  under  caption  "Board  of  Col- 
legiate Authority"  (relative  to  approval  by  said  board  of  the  organiza- 
tion of  certain  educational  institutions  and  of  certain  amendments  to 
their  charters). 

Sect.  30,  sentence  inserted  after  fifth  sentence,  1953,  290. 

Sects.  32  and  33  added,  1951,  673  §  7  (relative  to  instruction  of  vis- 
ually handicapped  and  blind  children). 

Sect.  33,  sentence  added  at  end,  1952,  397. 

Chapter   70.  —  School    Funds   and   State   Aid   for   Public   Schools    (former 
title,  School  Funds  and  Other  State  Aid  for  Public  Schools). 

Chapter  stricken  out,  and  new  chapter  70  (with  new  title)  inserted,  1948, 
643  §  1.     (See  1948,  643  §  3;   645.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  70  as  so  inserted: 

Sect.  3A  added,  1950,  703  (providing  state  reimbursement  for  cities 
and  towns  for  payment  to  certain  teachers);   repealed,  1955,  626  §  2A. 

Sect.  3B  added,  1950,  774  (providing  state  reimbursement  for  towns 
forming  regional  school  districts) ;  sentence  added  at  end,  1953,  547  §  2. 

Sect.  3C  added,  1954,  514  §  4  (providing  for  reimbursement  of  cities 
and  towns  on  account  of  special  education  for  mentally  retarded  chil- 
dren); repealed,  1955,  626  §  2A. 

Sect.  4,  sentence  added  at  end,  1953,  547  §  1. 

Sect.  6  revised,  1951,  592  §  1.    (See  1951,  592  §  2.) 

Sect.  10,  sentence  added  at  end,  1950,  620. 


Chap.  71]  GENERAL  LaWS.  1063 


Chapter  71.  —  Public  Schools 

Sect.  1  amended,  1953,  137. 

Sect.  2  amended,  1938,  246  §  1;  revised,  1949,  468;  1952,  282. 

Sect.  4  amended,  1953,  260;  second  sentence  revised,  1955,  109. 

Sect.  5  repealed,  1948,  643  §  2.    (See  1948,  643  §  3.) 

Sect.  6,  second  and  third  sentences  of  first  paragraph  stricken  out, 
1947,  679  §  4. 

Sect.  7  amended,  1941,  590;  repealed,  1947,  679  §  5. 

Sect.  7A  added,  1947,  679  §  1  (providing  for  reimbursement  to  cities 
and  towns  for  certain  expenses  incurred  for  the  transportation  of  pupils) ; 
first  paragraph  revised,  1949,  754. 

Sects.  8  and  9  repealed,  1948,  643  §  2.    (See  1948,  643  §  3.) 

Sect.  13A  added,  1938,  241  (requiring  the  teaching  of  the  Italian 
language  in  certain  pubUc  high  schools  in  certain  cases). 

Sect.  13B  added,  1939,  311  (relative  to  the  teaching  of  modern  lan- 
guages in  certain  public  high  schools). 

Sect.  13C  added,  1945,  402  (requiring  the  teaching  of  the  Polish 
language  in  certain  pubhc  high  schools  in  certain  cases). 

Sect.  13D  added,  1948,  205  (providing  for  motor  vehicle  driving 
education  in  high  schools);  paragraph  added  at  end,  1954,  49. 

Sect.  13E  added,  1949,  99  (requiring  the  teaching  of  the  Lithuanian 
language  in  public  schools  in  certain  cases). 

Sects.  14-16  stricken  out  and  sections  14-161  inserted,  1949,  638  §  1 
(relative  to  the  formation  of  regional  school  districts).  (See  1949, 
638  §  2.) 

Sect.  14  revised,  1951,  331  §  1. 

Sect.  14A  amended,  1951,  331  §  2. 

Sect.  14B  amended,  1951,  331  §  3;  clause  (h)  revised,  1955,  142  §  1; 
clause  (c)  revised,  1952,  471  §  1.    (See  1952,  471  §  2;   1955,  142  §  2.) 

Sect.  14C  added,  1954,  214  (authorizing  certain  towns  to  sell,  lease  or 
Hcense  school  buildings  to  a  regional  school  district);  last  sentence 
stricken  out  and  two  sentences  inserted,  1955,  58;  section  amended, 
1955,  127  §  1.    (See  1955,  127  §  2.) 

Sect.  15,  first  paragraph  revised,  1951,  331  §  4;  1955,  141  §  1.  (See 
1955,  141  §  2.) 

Sect.  16  clauses  (c)  and  (d)  revised,  1955,  65. 

Sect.  16C  revised,  1952,  470. 

Sect.  16F.    See  1952,  601. 

Sect.  19  amended,  1939,  461  §  1. 

Sect.  20  revised,  1951,  680. 

Sect.  21  amended,  1945,  133  §  1. 

Sects.  26A-26F  added,  1946,  165  §  1  (providing  for  extended  school 
services  for  certain  children  of  certain  employed  mothers).  (See  1946, 
165  §§  2,  3.) 

Sect.  30A  added,  1935,  370  §  1  (requiring  that  an  oath  or  affirma- 
tion be  taken  and  subscribed  to  by  certain  professors,  instructors  and 
teachers  in  the  colleges,  universities  and  schools  of  the  commonwealth) ; 
sentence  added  at  end,  1948,  160  §  2.    (See  1935,  370  §§2,  2A,  3.) 

Sect.  34  revised,  1939,  294. 

Sects.  34A  and  34B  added,  1943,  547  (requiring  persons  operating  or 
maintaining  educational  institutions  to  furnish,  upon  request,  certain 
transcripts  of  records) . 


1064  Changes  in  the  [Chap.  71. 

Sect.  34C  added,  1951,  87  (relative  to  granting  high  school  diplomas 
to  certain  students  who  enter  the  armed  forces);  revised,  1954,  91. 

Sects.  38A-38F  added,  1941,  676  §  2  (relative  to  occupational  guid- 
ance and  placement).    (See  1941,  646.) 

Sect.  38G  added,  1951,  278  §  1  (to  establish  standards  of  certifica- 
tion of  teachers  in  the  public  schools);  first  two  paragraphs  stricken 
out  and  one  paragraph  inserted,  1952,  530;    revised,  1953,  264.     (See 

1951,  278  §  2.) 

Sect.  40  amended,  1941,  507;  1943,  494;  revised,  1945,  727  §  1;  two 
sentences  added  at  end,  1946,  527  §  1;  section  revised,  1949,  684;  first 
sentence  revised,  1951,  499;  1952,  69.  (See  1945,  727  §  2;  1946,  527 
§§  2,  3.) 

Sect.  41  revised,  1947,  597  §  1;  sentence  added  at  end,  1950,  283; 
section  revised,  1953,  372. 

Sect.  42  revised,  1934,  123;  first  sentence  revised,  1947,  597  §  2; 
sentence  inserted  after  second  sentence,  1953,  244;  sentence  inserted 
in  hne  27,  1946,  195. 

Sect.  42A  added,  1945,  330  (giving  certain  rights  to  school  principals 
and  supervisors  in  cases  of  demotion);  revised,  1953,  269. 

Sect.  42B  added,  1952,  545  (providing  for  tenure  of  teachers  and 
superintendents  in  regional  school  districts). 

Sect.  46  amended,  1941,  194  §  4;  revised,  1954,  514  §  5;  1955, 
626  §  3. 

Sect.  46A  amended,  1932,  159;  revised,  1945,  534;  1946,  357;  para- 
graph inserted  after  second  paragraph,  1953,  352;  stricken  out,  1954, 
296  §  2;  last  sentence  stricken  out  and  three  sentences  inserted,  1947, 
384;  section  revised,  1955,  772  §  1. 

Sect.  46B  added,  1954,  296  §  1  (pro\dding  for  reimbursement  of 
cities  and  towns  for  transportation  of  certain  handicapped  children  to 
special  schools) ;  revised,  1955,  772  §  2. 

Sects.  46C  and  46D  added,  1954,  514  §  6  (relative  to  joinder  of 
cities  and  towns  for  the  purpose  of  conducting  special  classes  for  mentally- 
retarded  children). 

Sect.  46C  revised,  1955,  626  §  4. 

Sects.  46E  and  46F  added,  1955,  626  §  2  (providing  for  reimburse- 
ment by  the  commonwealth  of  certain  costs  of  conducting  special 
classes  approved  by  the  division  of  special  education  by  certain  school 
districts). 

Sect.  46G  added,  1955,  696  (to  strengthen  the  activities  of  cities  and 
towns  in  the  prevention  of  juvenile  delinquency). 

Sect.  47  revised,  1935,  199;    1950,  658;    1951,  411  §  1;    amended, 

1952,  316  §  1;   revised,  1954,  271. 

Sect,  47A  added,  1954,  220  (authorizing  school  committees  to  con- 
tract for  hire  of  athletic  coaches  for  periods  not  exceeding  three  years). 

Sect.  48A  amended,  1935,  47. 

Sect.  52  amended,  1932,  90. 

Sect.  53A,  sentence  added  at  end,  1950,  208  §  1.    (See  1950,  208  §  2.) 

Sect.  54  amended,  1938,  265  §  1;   1945,  133  §  2. 

Sect.  55  revised,  1938,  265  §  2;  amended,  1952,  89. 

Sect.  55A  added,  1938,  265  §  3  (relative  to  the  disposition  of  children 
showing  signs  of  ill  health  or  of  being  infected  with  a  dangerous  disease). 

Sect.  55B  added,  1950,  732  §  1  (prohibiting  the  employnient  in  schools 
of  certain  persons  suffering  from  tuberculosis  and  requiring  periodic 


Chaps.  72,  73.]  GENERAL  LaWS.  1065 

examinations  of  school  employees);  eighth  sentence  stricken  out  and 
two  sentences  inserted,  1952,  469;   eighth  sentence  revised,  1954,  658. 

Sect.  56  revised,  1938,  265  §  4. 

Sect.  57  revised,  1943,  384;  1951,  502  §  1;  second  sentence  revised, 
1955,  684.    (See  1951,  502  §  2.) 

Sect.  58  amended,  1932,  127  §  8;  revised,  1935,  287;  repealed,  1945, 
543  §  1. 

Sect.  59A  added,  1952,  506  (providing  for  the  employment  of  a 
superintendent  of  schools  in  certain  small  towns) ;  revised,  1953,  557. 

Sect.  61  amended,  1951,  643  §  1;  revised,  1952,  108;  1953,  334. 
(See  1951,  643  §§  lA-3.) 

Sect.  63,  pai-agraph  added  at  end,  1945,  223  §  I.    (See  1945,  223  §  2.) 

Sects.  64  and  65  revised,  1949,  794;   1955,  505. 

Sect.  66,  paragraph  added  at  end,  1937,  281. 

Sect.  68  revised,  1934,  97  §  1.    (See  1934,  97  §  2.) 

Sect.  69  revised,  1935,  258. 

Sect.  71  amended,  1935,  193. 

Sect.  72.    See  1948,  548;  1949,  303. 

Sects.  75-79  added,  1948,  620  §  5  (providing  for  extended  courses 
of  instruction  on  junior  college  level  in  high  schools).    (See  1948,  620  §  6.) 

Chapter  72.  —  School  Registers  and  Returns. 

Sect.  3,  paragraph  in  Hues  6-10  revised,  1939,  461  §  2. 
Sect.  8  amended,  1954,  231  §  1. 


Chapter  73.  —  State  Teachers  Colleges  and   Community  Colleges   (former 
title,  State  Teachers  Colleges). 

Title  changed,  1932,  127  §  9;   1948,  620  §  1. 

Sect.  1  amended,  1932,  127  §  10;  revised,  1948,  620  §  2;  1952, 
585  §  9;  amended,  1952,  618  §  1.    (See  1948,  620  §  6;  1952,  618  §§  4-12.) 

Sect.  1A  added,  1952,  499  §  1  (relative  to  the  increase  of  fees  and 
charges  for  services  rendered  by  the  department  of  education). 

Sect.  2  amended,  1932,  127  §  11. 

Sect.  2A  added,  1938,  246  §  2  (making  the  constitutions  of  the  United 
States  and  of  this  Commonwealth  required  subjects  of  instruction  in 
State  Teachers  Colleges). 

Sect.  3  amended,  1932,  127  §  12;  first  sentence  revised,  1952,  618  §  2. 
(See  1952,  618  §§  4-12.) 

Sect.  4  amended,  1932,  127  §  13. 

Sect.  4A  amended,  1932,  127  §  14;  sentence  added  at  end,  1952, 
618  §  3.    (See  1952,  618  §§  4-12.) 

Sect.  4B  added,  1954,  350  (regulating  the  dismissal  of  certain  teachers 
in  state  teachers  colleges). 

Sect.  5  amended,  1932,  127  §  15.  (Temporarily  affected,  1933,  233; 
1934,  130;   1935,  277.) 

Sect.  6  amended,  1932,  127  §  16. 

Sect.  7  amended,  1932,  127  §  17;  revised,  1935,  21;  1948,  620  §  3; 
sentence  added  at  end,  1950,  60.    (See  1948,  620  §  6.) 

Sects.  8  and  9  added,  1948,  620  §  4  (relative  to  the  establishment  of 
community  colleges  by  the  department  of  education  and  providing 
courses  therein).    (See  1948,  620  §  6.) 


1066  Changes  in  the  [Chap.  74. 


Chapter  74.  —  Vocational  Education. 

Sect.  1  revised,  1938,  446  §  1;  amended,  1941,  617  §  1;  "State 
board"  defined,  1952,  630  §  2.    (See  1938,  446  §  14.) 

Sect.  2  amended,  1938,  44d  §  2;  revised,  1952,  630  §  3.  (See  1938, 
446  §  14.) 

Sect.  3  amended,  1938,  446  §  3.    (See  1938,  446  §  14.) 

Sect.  4  amended,  1938,  446  §  4.    (See  1938,  446  §  14.) 

Sect.  5  amended,  1952,  630  §  4. 

Sect.  5A  added,  1952,  471  §  3  (relative  to  the  establishment  of 
independent  distributive  occupations,  industrial,  agricultural  and  house- 
hold arts  schools  by  regional  school  districts).    (See  1952,  471  §  2.) 

Sect.  6  amended,  1938,  446  §  5;  1952,  630  §  5.    (See  1938,  446  §  14.) 

Sect.  7  amended,  1938,  446  §  6;  1952,  630  §  6.    (See  1938,  446  §  14.) 

Sect.  7A  amended,  1952,  630  §  7. 

Sect.  8  amended,  1952,  630  §  8. 

Sect.  8A  revised,  1937,  323;  paragraph  added  at  end,  1939,  308; 
section  revised,  1950,  622. 

Sect.  9  amended,  1938,  446  §  7;  1952,  471  §  4.    (See  1938,  446  §  14.) 

Sect.  U  amended,  1933,  102  §  2;   1941,  617  §  2.    (See  1933,  102  §  4.) 

Sect.  12  amended,  1952,  471  §  5. 

Sect.  13  amended,  1938,  446  §  8.    (See  1938,  446  §  14.) 

Sect.  14  revised,  1943,  540;  paragraph  added  at  end,  1952,  471  §  6. 

Sect.  14A  added,  1943,  540  (relative  to  federal  funds  for  vocational 
education) ;  amended,  1952,  630  §  9. 

Sect.  18  amended,  1952,  630  §  10. 

Sect.  19  revised,  1938,  446  §  9.  (See  1938,  446  §  14) ;  repealed,  1947, 
652  §  13. 

Sect.  20  revised,  1947,  652  §  9;  sentence  added  at  end,  1955,  700  §  2. 

Sect.  21  amended,  1938,  446  §  10;  1946,  552  §  2;  revised,  1947,  652 
§  10.    (See  1938,  446  §  14;   1946,  552  §§  4,  5.) 

Sect.  22  amended,  1938,  446  §  11;  revised,  1947,  652  §  11.  (See 
1938,  446  §  14.) 

Sect.  22A  amended,  1938,  446  §  12;  revised,  1947,  652  §  12;  two 
sentences  added  at  end,  1955,  700  §  1.    (See  1938,  446  §  14.) 

Sect.  22B,  first  paragraph  amended,  1948,  360. 

Sect.  22C  added,  1945,  561  (authorizing  the  division  of  the  blind  to 
use  federal  funds  available  in  a  program  of  rehabilitation  of  the  bUnd). 

Sect.  22D  added,  1946,  552  §  3  (providing  for  co-operation  by  the 
commonwealth  with  the  veterans'  administration  in  the  administration 
of  federal  laws  and  regulations  relating  to  the  rehabilitation  of  disabled 
veterans  of  World  War  II).    (See  1946,  552  §§  4,  5.) 

Sect.  22E  added,  1950,  206  (relative  to  tenure  of  teachers  elected  for 
vocational  education). 

Sect.  23.     See  1933,  102. 

Sect.  24A  added,  1947,  497  (relative  to  the  appointment  of  veterans 
as  teachers  in  state  aided  approved  vocational  schools). 

Sect.  28  revised,  1939,  501  §  6;  amended,  1945,  158  §  6. 

Sect.  30  amended,  1937,  41. 

Sect.  31 A  added,  1934,  65  (authorizing  the  trustees  of  the  Essex 
county  agricultural  school  to  pay  transportation  costs  of  certain  pupils 
attending  said  school);  amended,  1943,  42;  revised,  1954,  63. 

Sect.  42,  caption  preceding  section  changed,  1946,  257  §  9;   section 


Chap.  75.]  GENERAL   LaWS.  1067 

revised,  1946,  257  §  1;  1947,  387;  amended,  1953,  488  §  1.  (See  1953, 
488  §  4.) 

Sect.  42A  added,  1953,  523  (authorizing  the  Bradford  Durfee  Techni- 
cal Institute  of  Fall  River  and  the  New  Bedford  Institute  of  Textiles 
and  Technology  to  grant  the  honorary  degree  of  master  of  science). 

Sect.  43  amended,  1946,  257  §  2. 

Sect.  44  amended,  1946,  257  §  3. 

Sect.  45  amended,  1946,  257  §  4. 

Sect.  46  amended,  1946,  257  §  5. 

Sect.  46A  amended,  1946,  257  §  6. 

Sect.  47E,  paragraph  added  at  end,  1935,  22;  section  revised,  1946, 
378;  second  paragraph  amended,  1949,  28;  section  revised,  1951,  202. 

Sect.  47G  revised,  1950,  772. 

Sects.  47-48  and  caption  preceding  section  47  stricken  out,  1953,  407 
§  2.    (See  1953,  407  §§  1,  8.) 

Sect.  49,  caption  preceding  section  changed,  1942,  1  §  3;  section 
amended,  1942,  1  §  5;  revised,  1946,  340;  1952,  499  §  2.  (See  1942,  1 
§9.) 

Sect.  49A  added,  1946,  340  (authorizing  the  board  of  commissioners 
of  the  Massachusetts  Maritime  Academy  to  grant  degrees). 

Sect.  53  revised,  1942,  1  §  6.    (See  1942,  1  §  9.) 

Sect.  54  added,  1949,  630  (providing  for  institutional  on-farm  train- 
ing for  veterans  of  World  War  II) ;  revised,  1955,  680. 

Sect.  55  added,  1953,  581  (estabhshing  a  state  agency  for  surplus 
property). 

Chapter   75.  —  University   of   Massachusetts    (former   title,   Massachusetts 

State  College). 

Name  changed,  1947,  344  §  1. 

Sect.  1  revised,  1947,  344  §  6. 

Sect.  2  amended,  1947,  344  §  7. 

Sect.  4  amended,  1947,  344  §  8. 

Sect.  5  revised,  1935,  288;  amended,  1947,  344  §  9. 

Sect.  5A  added,  1939,  329  (authorizing  the  trustees  of  Massachusetts 
State  College  to  retain  and  manage  in  a  revolving  fund  receipts  from 
student  activities);   amended,  1947,  344  §  10;    revised,  1954,  400  §  3. 

Sect.  6  amended,  1935,  462  §  2;  1947,  344  §  11.    (See  1935,  462  §  1.) 

Sect.  7  amended,  1947,  344  §  12. 

Sect.  8  amended,  1945,  504;   1947,  344  §  13. 

Sect.  9,  caption  preceding  section  revised,  1947,  344  §  14;  section 
amended,  1947,  344  §  15. 

Sect.  10  amended,  1947,  344  §  16. 

Sect.  11  amended,  1947,  344  §  17. 

Sect.  13  revised,  1953,  538. 

Sect.  14  amended,  1947,  344  §  18. 

Sect.  15  amended,  1947,  344  §  19. 

Sect.  16  amended,  1947,  344  §  20. 

Sect.  16A  added,  1945,  586  (providing  for  the  establishment  at  the 
Massachusetts  Agricultural  Experiment  Station  of  a  diagnostic  labora- 
tory dealing  with  the  causes,  etc.,  of  diseases  of  domestic  animals); 
amended,  1947,  344  §  21;  revised,  1947,  471. 

Sect.  22  amended,  1947,  344  §  22. 

Sect.  24  amended,  1947,  344  §  23. 


1068  Changes  in  the  [Chaps.  75A-79. 

Sect.  25  amended,  1947,  344  §  24. 
Sect.  26  amended,  1947,  344  §  25. 

Sect.  31  added,  1951,  524  (providing  for  scholarships  at  the  Uni- 
versity of  Massachusetts). 

Chapter  75A.  —  Lowell  Technological  Institute  of  Massachusetts. 
New  chapter  inserted,  1953,  407  §  3.      (See  1953,  407  §§  1,  7,  8.) 

Sect.  12,  sentence  added  at  end,  1955,  730  §  41A.  (See  1955,  730 
§43.) 

Chapter  76.  —  School  Attendance. 

Sect.  1  revised,  1939,  461  §  3;  amended,  1941,  423;   1950,  400. 
Sect.  2,  two  sentences  added  at  end,  1947,  241  §  1.    (See  1947,  241 
§2.) 
Sects.  7-10.    (See  1939,  454  §  21.) 
Sect.  7  amended,  1951,  579. 
Sect.  15  revised,  1938,  265  §  5. 

Chapter  77.  —  School  Offenders  and  County  Training  Schools. 

Sect.  1  revised,  1933,  295  §  1;  amended,  1943,  82. 
Sect.  3  revised,  1948,  573  §  1.    (See  1948,  573  §  7.) 
Sect.  4  revised,  1948,  573  §  2.    (See  1948,  573  §  7.) 
Sect.  5  revised,  1948,  573  §  3.    (See  1948,  573  §  7.) 
Sect.  10  revised,  1949,  593  §  5. 

Sect.  11  amended,  1948,  573  §  4.    (See  1948,  573  §  7.) 
Sect.  12  revised,  1948,  573  §  5.    (See  1948,  573  §§  6,  7.) 
Sect.  13  amended,  1954,  231  §  2. 
Sect.  14  amended,  1949,  594. 

Chapter  78.  —  Libraries. 

Sect.  4  revised,  1935,  202. 
Sect.  9  amended,  1952,  585  §  10. 
Sect.  11  revised,  1952,  585  §  16. 

Sect.  14,  caption  preceding  section  revised,  1952,  585  §  11;  section 
amended,  1952,  585  §  12. 
Sect.  15  amended,  1952,  585  §  13. 
Sect.  19  revised,  1952,  585  §  17. 
Sects.  22-31  added,   1948,  320  (providing  for  the  certification  of 

Sect.  22  amended,  1952,  585  §  14. 
Sect.  24  amended,  1952,  585  §  15. 
Sect.  26  revised,  1952,  585  §  18. 

Chapter  79.  —  Eminent  Domain. 

Sect.  3,  first  paragraph  amended,  1938,  172  §  6;  two  sentences  added 
at  end  of  first  paragraph,  1943,  251  §  1.    (See  1943,  251  §  4.) 

Sect.  5A  added,  1948,  180  (restricting  the  taking  by  eminent  domain 
of  ancient  landmarks  and  property  of  historical  or  antiquarian  interest). 

Sect.  5B  added,  1950,  532  (restricting  the  taking  by  eminent  domain 
of  property  used  for  agricultural  purposes). 


Chaps.  80,  81.]  GENERAL  LawS.  1069 

Sect.  8  amended,  1936,  187  §  1 ;  sentence  inserted  after  second  sen- 
tence, 1943,  251  §  2.    (See  1943,  251  §  4.) 

Sect.  9,  last  sentence  amended,  1938,  172  §  7. 

Sect.  12,  sentence  added  at  end,  1953,  634  §  1.    (See  1953,  634  §  2.) 

Sect.  15  repealed,  1936,  385  §  1.    (See  1936,  385  §  2.) 

Sect.  16  amended,  1936,  187  §  2;  1938,  185;  revised,  1943,  95;  para- 
graph added  at  end,  1943,  251  §  3;  sentence  added  at  end,  1950,  230. 
(See  1943,  251  §  4.) 

Sect.  34  amended,  1952,  633. 

Sect.  39,  sentence  added  at  end,  1955,  242. 

Sect.  44A  added,  1935,  189  (relative  to  certain  tax  liens  upon  real 
estate  taken  by  right  of  eminent  domain) ;  amended,  1936,  137. 

Chapter  80.  —  Betterments. 

Sect.  1  amended,  1933,  254  §  62.     (See  1933,  254  §  66.) 

Sect.  4  revised,  1933,  63  §  1. 

Sect.  5  amended,  1933,  157  §  2.     (See  1933,  157  §  3.) 

Sect.  10  revised,  1933,  147. 

Sect.  lOA  added,  1933,  157  §  1  (providing  that  failure  of  a  board  of 
officers  to  take  action  upon  a  petition  for  abatement  of  a  betterment 
assessment  shall,  for  the  purposes  of  appeal,  be  equivalent  to  refusal  to 
abate  the  assessment).     (See  1933,  157  §  3.) 

Sect.  12  revised,  1943,  252  §  1,  478  §  4;  seventh  sentence  amended, 
1955,  194;  sentence  added  at  end,  1947,  116;   1953,  344. 

Sect.  13  amended,  1933,  63  §  2,  254  §  63;  revised,  1934,  315  §  1; 
last  sentence  stricken  out  and  new  paragraph  added,  1938,  489  §  1; 
first  sentence  of  section  amended,  1941,  595;  section  amended,  1954, 
286.    (See  1933,  254  §  66;   1934,  315  §  3;   1941,  724.) 

Sect.  13A  added,  1943,  252  §  2  (relative  to  the  time  within  which 
certain  betterment  and  other  assessments  on  unimproved  land  shall 
be  paid). 

Chapter  81.  —  State  Highways. 

For  legislation  providing  for  an  accelerated  highway  program,  see 
1949,  306. 

Sect.  3,  last  sentence  stricken  out  and  two  sentences  inserted,  1952, 
401. 

Sect.  5  revised,  1937,  218  §  1. 

Sect.  7A  added,  1937,  344  (granting  certain  powers  to  the  depart- 
ment of  pubhc  works  with  respect  to  certain  ways  connecting  with 
state  highways);  revised,  1948,  448;  sentence  inserted  before  last 
sentence,  1951,  453. 

Sect.  7B  added,  1941,  519  (giving  the  department  of  pubfic  works 
the  power  to  take  a  slope  easement,  so  called,  in  certain  cases). 

Sect.  7C  added,  1943,  397  (relative  to  Umited  access  ways) ;  sentence 
added  at  end,  1949,  583;   1950,  829. 

Sect.  7D  added,  1948,  449  (authorizing  the  department  of  public 
works  to  grant  certain  easements  within  state  highway  locations). 

Sect.  7E  added,  1949,  764  (authorizing  the  department  of  pubfic 
works  to  sell  certain  land  or  rights  therein  which  it  has  acquired  for 
certain  purposes). 

Sect.  8  revised,  1936,  371;  amended,  1937,  218  §  2;  last  sentence 
revised,  1951,  532. 


1070  Changes  in  the  [Chaps.  82-84. 

Sect.  13  revised,  1952,  563  §  1 ;  third  sentence  amended,  1953,  354  §  1  ; 
stricken  out  and  two  sentences  inserted,  1955,  379  §  1.  (See  1952, 
563  §  2;   1953,  354  §  2;   1955,  379  §  2.) 

Sect.  13A  added,  1936,  342  (authorizing  the  department  of  pubHc 
works  to  accept  in  behalf  of  the  commonwealth  gifts  of  certain  ease- 
ments for  the  purpose  of  landscaping  along  state  highways,  and  to  do 
such  landscaping). 

Sect.  19,  last  four  sentences  stricken  out,  1933,  187  §  1.  (See  1933, 
187  §  2.) 

Sect.  20A  added,  1945,  539  (providing  for  the  illumination  of  haz- 
ardous locations  on  state  highways). 

Sect.  21  amended,  1948,  298;  first  sentence  revised,  1954,  219;  two 
sentences  added  at  end,  1950,  507. 

Sect.  25,  first  sentence  amended,  1947,  454. 

Sect.  26  amended,  1934,  366;  first  paragraph  amended,  1949,  706  §  1; 
revised,  1951,  655  §  1;  paragraph  added  at  end,  1946,  523;  amended, 
1949,  706  §  2;  revised,  1954,  524.    (See  1951,  655  §  3.) 

Sect.  27  amended,  1939,  224. 

Sect.  29A  added,  1943,  416  (authorizing  the  department  of  public 
works  to  lay  out  and  alter  ways  other  than  state  highways  and  facihtat- 
ing  the  securing  of  federal  aid  in  connection  therewith). 

Sect.  30,  first  sentence  revised,  1951,  520. 

Sect.  31  repealed,  1951,  655  §  2. 

Chapter  82.  —  The  Laying  Out;  Alteration,  Relocation  and  Discontinuance 
of  Public  Ways,  and  Specific  Repairs  Thereon. 

Sect.  7  amended,  1933,  283  §  2. 

Sect.  32B  added,  1933,  283  §  3  (authorizing  the  taking  of  easements 
of  slope,  so  called,  by  county,  city  or  town  officers  in  connection  with 
the  laying  out,  widening,  alteiing  or  relocating  of  pubUc  ways). 

Sect.  34  amended,  1935,  309;   1941,  533. 

Chapter  83.  —  Sewers,  Drains  and  Sidewalks. 

Sect.  15A  added,  1948,  52  §  1  (authorizing  municipaUties  to  redeter- 
mine from  time  to  time  the  fixed  uniform  rates  charged  to  abutters  for 
the  construction  of  sewers).    (See  1948,  52  §  2.) 

Sect.  19  revised,  1943,  252  §  4.    (See  1943,  252  §  6.) 

Sect.  27,  last  sentence  revised,  1943,  252  §  5. 

Sect.  29  added,  1943,  252  §  3  (relative  to  the  continuance  of  hens 
created  under  special  acts  in  connection  with  certain  betterment  and 
other  assessments). 

Chapter  84.  —  Repair  of  Ways  and  Bridges. 

Sect.  5A  added,  1945,  319  (authorizing  towns  to  enter  into  agree- 
ments for  the  removal  of  snow  and  ice  from  public  ways  in  adjoining 
towns,  etc.). 

Sect.  18  revised,  1933,  114  §  1. 

Sect.  19  amended,  1933,  114  §  2. 

Sect.  20  revised,  1933,  114  §  3;  amended,  1939,  147. 

Sect.  21  amended,  1955,  505. 


Chaps.  85-90.]  GENERAL  LawS.  1071 


Chapter  85.  —  Regulations  and  By-Laws  relative  to  Ways  and  Bridges. 

Sect.  2,  second  and  third  sentences  amended,  1947,  442  §  2;  section 
revised,  1951,  646  §  1. 

Sect.  2A  added,  1941,  346  §  2  (authorizing  the  department  of  pubUc 
works  to  remove  vehicles  from  state  highways  when  said  vehicles  inter- 
fere with  the  removal  of  snow  and  ice). 

Sect.  11 A  added,  1941,  710  §  1  (relative  to  the  registration  and  opera- 
tion of  certain  bicycles). 

Sects.  12-14  repealed,  1941-,  710  §  2. 

Sect.  14B  added,  1938,  432  (requiring  the  use  of  certain  signal  hghts 
at  locations  on  unlighted  ways  where  certain  vehicles  are  disabled); 
first  paragraph  amended,  1946,  375;  1953,  234  §  1;  second  paragraph 
amended,  1953,  234  §  2. 

Sect.  17B  added,  1933,  43  (prohibiting  riding  upon  the  rear  or  on 
the  side  of  street  railway  cars  or  motor  buses  without  the  consent  of 
the  persons  in  charge  thereof) ;  revised,  1943,  322  §  2. 

Sect.  21A  added,  1951,  618  (authorizing  cities  and  towns  to  erect 
certain  signs  on  state  highways) ;  revised,  1952,  61. 

Sect.  25  amended,  1953,  319  §  10.    (See  1953,  319  §§  39,  40.) 

Sect.  30  amended,  1935,  30;  1938,  171  §  1;  first  sentence  amended, 
1946,  397  §  2;   1951,  568. 

Sect.  31  revised,  1938,  171  §  2. 

Sect.  35,  last  sentence  revised,  1955,  91. 

Sect.  36  added,  1951,  303  (providing  that  vehicles  driven  on  public 
ways  shall  be  so  constructed  or  loaded  as  to  prevent  the  contents  from 
dropping). 

Chapter  87.  —  Shade  Trees. 

Sect.  5  amended,  1941,  490  §  18;  1949;  761  §  12. 

Chapter  88.  —  Ferries,  Canals  and  Public  Landings. 

Sect.  19  revised,  1945,  442. 

Chapter  89.  —  Law  of  the  Road. 

Sect.  1  revised,  1951,  646  §  2. 

Sect.  2  revised   1933  301. 

Sect!  4  revised,'  1949,'  301  §  1;   1951,  646  §  3.    (See  1949,  301  §  2.) 

Sects.  4A  and  4B  added,  1952,  461  §  1  (relative  to  driving  vehicles 
on  ways  which  are  divided  into  lanes). 

Sect.  4B,  sentence  added  at  end,  1954,  304. 

Sect.  5  amended,  1936,  49;   1952,  461  §  2.     (See  1938,  149.) 

Sect.  7A  revised,  1952,  172. 

Sect.  7B  added,  1934,  382  (relative  to  the  appUcation  of  traffic  laws 
and  regulations  to  fire  apparatus  and  other  emergency  vehicles). 

Sect.  9  revised,  1948,  416. 

Chapter  90.  —  Motor  Vehicles  and  Aircraft. 

For  legislation  providing  for  an  accelerated  highway  program,  see 
1949,  306. 


1072  Changes  in  the  [Chap.  90. 

For  legislation  exempting  certain  disabled  veterans  from  payment  of 
certain  motor  vehicle  excise  taxes  and  registration  fees,  see  1948,  368. 

Sect.  1,  "antique  motor  car"  defined,  1948,  432  §  1;  definition  of 
"dealer"  revised,  1948,  511  §  1;  "farmer"  defined,  1951,  736  §  1; 
"farming"  defined,  1955,  483  §  2;  "heavy  duty  platform  trailer" 
defined,  1939,  354  §  1;  amended,  1941,  30;  revised,  1945,  595  §  1; 
"manufacturer"  defined,  1948,  511  §  2;  definition  of  "motor  cycle" 
revised,  1950,  321  §  1;  definition  of  "motor  vehicles"  amended,  1932, 
182;  1938,  36;  revised,  1948,  93;  1950,  321  §  2;  definition  of  "non- 
resident" revised,  1952,  266  §  1;  amended,  1952,  566  §  1;  revised,  1953, 
463  §  1;  "owner"  defined,  1952,  266  §  2;  "owner-repairman"  defined, 
1948,  511  §  3;  definition  of  "register  number"  revised,  1935,  43; 
"repairman"  defined,  1948,  511  §  4;  revised,  1951,  89;  1953,  378; 
"school  bus"  defined,  1932,  271  §  1;  revised,  1946,  91;  amended,  1947, 
216  §  1;  revised,  1950,  502  §  1;  "semi-trailer"  and  " semi-traUer  unit" 
defined,  1933,  332  §  1;  "tractor"  defined  and  definition  of  "trailer" 
revised,  1933,  322  §  2;  definition  of  "trailer"  amended,  1939,  354  §  2; 
revised,  1951,  578  §  1;  "transporter"  defined,  1948,  511  §  5;  revised, 
1950,  321  §  3.  (See  1932,  271  §  7;  1933,  322  §  5;  1951,  578  §  2;  1951, 
736  §  5;   1952,  566  §  2.) 

Sect.  1A  amended,  1933,  372  §  3;  1934,  264  §  2;  last  sentence  revised, 
1948,  572  §  1;  section  revised,  1950,  471;  second  sentence  revised, 
1955,  172;  paragraph  added  at  end,  1950,  502  §  5.    (See  1948,  572  §  3.) 

Sect.  2,  first  paragraph  revised,  1950,  443;  amended,  1954,  305; 
fourth  paragraph  revised,  1932,  5;  amended,  1955,  283  §  1;  seventh 
paragraph  revised,  1939,  436  §  1 ;  1949,  470,  644  §  3;  1952,  82;  amended, 
1953,  225;  1955,  458  §  3;  last  paragraph  revised,  1933,  54;  amended, 
1948,  94;   paragraph  added  at  end,  1952,  554.     (See  1955,  283  §  3.) 

Sect.  2A  added,  1953,  579  (providing  for  the  registration  of  motor 
vehicles  or  trailers  owned  by  minors). 

Sect.  3,  first  sentence  revised,  1933,  188;  section  revised,  1939,  325; 
first  sentence  amended,  1953,  463  §  2;  paragraph  inserted  after  second 
paragraph,  1953,  463  §  3;  paragraph  added  at  end,  1941,  282. 

Sect.  3A  amended,  1952,  125;  revised,  1953,  366  §  1;  first  sentence 
amended,  1955,  196  §  1. 

Sect.  3B  revised,  1953,  366  §  2;  first  sentence  amended,  1955,  196  §  2. 

Sect.  3C  revised,  1937,  387. 

Sect.  3D,  first  sentence  revised,  1953,  366  §  3. 

Sect.  3G  added,  1945,  590  §  1  (relative  to  recovery  for  damage  caused 
by  motor  vehicles  of  non-residents) ;  three  sentences  added  at  end,  1952, 
77.     (See  1945,  590  §  2.) 

Sect.  5,  last  sentence  amended,  1947,  311;  section  revised,  1947, 
401  §  1;  1948,  511  §  6;  1949,  94;  1951,  736  §  2;  1952,  377  §  1;  1955, 
483  §  1.    (See  1947,  401  §  3;  1951,  736  §  5.) 

Sect.  5 A  added,  1943,  409  §  2  (relative  to  the  use  of  a  general  dis- 
tinguishing mark  or  number  on  all  motor  vehicles  under  the  control 
of  the  mihtary  forces) ;  revised,  1948,  304. 

Sect.  6,  first  sentence  revised,  1939,  436  §  2. 

Sect.  6A  added,  1948,  432  §  3  (providing  for  special  registration 
plates  for  antique  motor  cars). 

Sect.  6B  added,  1953,  2  §  2  (permitting  the  issuance  of  one  number 
plate  for  each  motor  vehicle).    (See  1953,  2  §§  1,  3.) 

Sect.  7  amended,  1932,  123  §  1;  1933,  51;  second  sentence  amended, 
1933,  109;    sentence  added  after  fourth  sentence,   1939,   153;    ninth 


Chap.  90.]  GENERAL  LaWS.  1073 

sentence  revised,  1949,  260;  amended,  1951,  235;  sentence  inserted 
after  ninth  sentence,  1951,  370;  eleventh  sentence  revised,  1952,  253; 
twelfth  and  thirteenth  sentences  stricken  out  and  one  sentence  in- 
serted, 1955,  124;  sentence  added  at  end  of  first  paragraph,  1954,  570 
§  1;  paragraph  added  at  end  of  section,  1941,  443.    (See  1932,  123  §  2; 

1954,  570  §  2.) 

Sect.  7A  revised,  1932,  41,  271  §  2.     (See  1932,  271  §  7.) 

Sect.  7B  added,  1932,  271  §  3  (prerequisites  to  operation  of  school 
bus).     (See  1932,  271  §  7.) 

Sects.  7A  and  7B  stricken  out,  and  new  sections  7A-7C  inserted, 
1945,  241  §  1.     (See  1945,  241  §  3.) 

Sect,  7A,  first  sentence  amended,  1950,  140;  first  sentence  stricken 
out  and  two  sentences  inserted,  1950,  525;    first  sentence  amended, 

1951,  416. 

Sect.  7B,  clause  (1)  revised,  1950,  502  §  2;  clause  (6)  inserted,  1950, 
459  §  1;  clause  (7)  inserted,  1951,  196  §  1.     (See  1950,  459  §  2.) 

Sect.  7C  revised,  1948,  307;  first  sentence  amended,  1951,  419  §  1; 
sentence  added  at  end,  1950,  502  §  3.     (See  1951,  419  §  2.) 

Sect.  7D  added,  1947,  216  §  2  (making  certain  provisions  of  law 
relating  to  school  buses  appHcable  to  certain  motor  vehicles  used  for 
the  transportation  of  school  children) ;  revised,  1950,  502  §  4. 

Sect.  7E  added,  1949,  266  (relative  to  the  display  of  red  lights  upon 
vehicles  owned  and  operated  by  firemen  and  certain  other  persons); 
first  sentence  revised,  1954,  306. 

Sect.  8  amended,  1934,  103;  1937,  284;  next  to  last  sentence  revised, 
1948,  399  §  1 ;  sentence  contained  in  lines  19-22  (as  appearing  in  1937, 
284)  stricken  out,  1948,  619  §  1;  first  paragraph  amended,  1955,  488 
§  1;  paragraph  added  at  end,  1950,  655.    (See  1948,  399  §  3, 619  §§  2,  3; 

1955,  488  §  3.) 

Sect.  9  amended,  1934,  361;  1941,  283;  first  sentence  revised,  1952, 
244. 

Sect.  9A  revised,  1932,  168  §  1;  1935,  393  §  1;  1949,  358;  1952,  100. 
(See  1932,  168  §§  2,  3;  1935,  393  §  2.) 

Sect.  10  amended,  1935,  219;  second  sentence  stricken  out  and  two 
sentences  inserted,  1948,  130;  third  sentence  revised,  1955,  314;  para- 
graph added  at  end,  1950,  139. 

Sect.  lOA  added,  1952,  126  (requiring  operators  of  trackless  trolleys 
to  be  Ucensed  to  operate  motor  vehicles);    paragraph  added  at  end, 

1952,  287  §  1;  section  repealed,  1953,  276.     (See  1952,  287  §  2). 
Sect.  11,  first  sentence  revised,  1952,  377  §  2;  sentence  added  at  end, 

1954,  446. 

Sect.  13,  two  sentences  inserted  after  second  sentence,  1950,  763; 
sentence  added  at  end,  1949,  707;  same  sentence  revised,  1950,  305. 

Sect.  14  amended,  1938,  166;  third  sentence  revised,  1947,  418; 
section  revised,  1948,  324;  third  sentence  revised,  1950,  502  §  6;  1951, 
196  §  2. 

Sect.  14A  added,  1949,  279  (providing  for  the  protection  of  blind 
persons  while  crossing  ways). 

Sect.  14B  added,  1951,  649  (providing  that  motor  vehicle  operators 
give  uniform  signals  on  all  ways);   paragraph  added  at  end,  1952,  321. 

Sect.  15  amended,  1932,  271  §  5;  1933,  26  §  1;  revised,  1951,  557. 
(See  1932,  271  §  7.) 

Sect.  17,  sentence  added  at  end,  1932,  271  §  4;  section  amended, 
1947,  406;  revised,  1948,  564  §  1.    (See  1932,  271  §  7.) 


1074  Changes  in  the  [Chap.  90. 

Sect.  18  amended,  1945, 125;  revised,  1948,  564  §  2;  paragraph  added 
at  end,  1955,  135. 

Sect.  19, l  ast  sentence  revised,  1933,  332  §  3;  1935,  223  §  1;  section 
revised,  1935,  326  (but  see  1935,  465) ;  amended,  1936,  388  §  1 ;  revised, 
1941,  314;  first  sentence  amended,  1946,  380;  last  two  sentences 
amended,  1945,  595  §  4;  same  sentences  stricken  out  and  four  sentences 
inserted,  1946,  341;  paragraph  added  at  end,  1948,  394;  section  re- 
vised, 1951,  573.  (See  1933,  332  §  5;  1935,  223  §  2;  1936,  388  §  2.) 
Affected  by  1941,  589;   1951,  310. 

Sect.  19A  added,  1946,  397  §  1  (authorizing  certain  semi-trailer  units 
and  motor  vehicles  to  travel  upon  pubUc  ways  without  certain  permits) ; 
first  paragraph  revised,  1955,  736;  paragraph  added  at  end,  1951,  344, 
617,  782;  last  paragraph  revised,  1952,  408. 

Sect.  19B  added,  1951,  572  §  1  (relative  to  the  dimensions  of  motor 
buses).    (See  1951,  572  §  2.)    Affected,  1951,  310. 

Sect.  20,  first  sentence  revised,  1951,  567. 

Sect.  20A  added,  1934,  368  §  1  (providing  for  the  non-criminal  dispo- 
sition of  charges  for  violation  of  motor  vehicle  parking  rules,  regulations, 
orders,  ordinances  and  by-laws);  revised,  1935,  176;  fijst  paragraph 
revised,  1938,  201;  first  sentence  revised,  1952,  193  §  1;  fifth  sentence 
revised,  1952,  193  §  2;  amended,  1949,  425  §  1;  third  paragraph  revised, 
1949,  425  §  2;  amended,  1952,  98;  fifth  paragraph  revised,  1949,  425 
§  3;  sentence  added  at  end,  1951,  69;  section  revised,  1953,  249  §  1; 
first  paragraph  amended,  1955,  386  §  1;  751  §  1;  third  paragraph 
amended,  1955,  386  §  2;  paragraph  added  at  end,  1954,  302.  (See  1934, 
368  §  2;  1949,  425  §  4;   1953,  249  §§  2,  3;  1955,  751  §  2.) 

Sect.  21  amended,  1936,  406;   1954,  669. 

Sect.  22,  two  paragraphs  added  at  end,  1933,  191;  first  sentence  (as 
appearing  in  1933,  191)  amended,  1941,  312. 

Sect.  22A  added,  1932,  304  §  1  (requiring  the  suspension  of  licenses 
to  operate  motor  vehicles  issued  to  persons  who  do  not  satisfy  judg- 
ments in  motor  vehicle  accident  cases  involving  property  damage). 
(See  1932,  304  §  2.) 

Sect.  23,  first  paragraph  revised,  1954,  74;  paragraph  added  at  end, 
1933,  69. 

Sect.  24  amended,  1932,  26  §  1;  first  sentence  amended,  1936,  182 
§  1;  sentence  contained  in  lines  65-97  amended,  1935,  360;  paragraph 
added  at  end,  1936,  182  §  2;  section  revised,  1936,  434  §  1;  paragraph 
(1)  (a)  amended,  1938,  145;  paragraph  (1)  (c)  revised,  1939,  82;  amended, 
1955,  198  §  1;  paragraph  (1)  (d)  amended,  1955,  198  §  2;  paragraph  (2) 
(a)  amended,  1937,  230  §  1;  paragraph  (2)  (c)  amended,  1937,  117; 
1955,  198  §  3.    (See  1937,  230  §  2.) 

Sect.  26  revised,  1953,  570  §  2. 

Sect.  27  amended,  1949,  115  §  2;  revised,  1953,  319  §  11;  first 
sentence  amended,  1953,  570  §  3.    (See  1953,  319  §§  39,  40.) 

Sect.  28  revised,  1950,  536. 

Sect.  29,  last  sentence  amended,  1932,  26  §  2;  section  amended, 
1935,  477  §  1;  second  sentence  revised,  1936,  391;  first  four  sentences 
revised,  1947,  508;  1949,  557;  sixth  sentence  amended,  1952,  15;  last 
two  sentences  revised,  1938,  146. 

Sect.  29A  added,  1953,  570  §  4  (relative  to  notice  by  police  officers 
and  certain  others  of  violations  of  the  motor  vehicle  laws). 

Sect.  31  revised,  1948,  201  §  2.    (See  1948,  201  §  4.) 


Chap.  90.]  GENERAL  LawS.  1075 

Sect.  32,  first  sentence  revised,  1953,  196. 

Sect.  32A,  paragraph  added  at  end,  1949,  321;  amended,  1954,  392; 
1951,  418. 

Sect.  32B  repealed,  1934,  209  §  2.    (See  1934,  209  §  3.) 

Sects.  32C-32F  added,  1934,  209  §  1  (further  regulating  the  business 
of  leasing  motor  vehicles  upon  a  mileage  basis).    (See  1934,  209  §  3.) 

Sect.  32G  added,  1953,  563  (relative  to  Hcensing  of  persons  engaged 
in  the  business  of  giving  instruction  in  the  driving  of  motor  vehicles). 

Sect.  33,  first  four  paragraphs  stricken  out,  and  five  new  paragraphs 
inserted,  1932,  249  §  1;  third  paragraph  (as  appearing  in  1932,  249  §  1) 
revised,  1948,  572  §  2;  fourth  paragraph  (as  so  appearing)  amended, 
1933,  183  §  1;  revised,  1948,  584  §  2;  fifth  paragraph  (as  so  appearing) 
revised,  1947,  666  §  3;  paragraph  in  lines  21-41  amended,  1932,  180 
§  12;  same  paragraph  stricken  out,  and  two  paragraphs  inserted,  1933, 
332  §  4;  two  paragraphs  so  inserted  stricken  out,  and  new  paragraph 
inserted,  1935,  409  §  1;  the  paragraph  so  inserted  amended,  1936,  380 
§  1;  subdivisions  (2)  and  (3)  of  the  paragraph  so  inserted  revised,  1937, 
377;  subdivision  (2)  of  said  paragraph  revised,  1945,  595  §  2;  subdivi- 
sion (3)  of  said  paragraph  amended,  1938,  430;  subdivision  (4)  of  said 
paragraph  amended,  1939,  354  §  3;  subdivision  (6)  of  said  paragraph 
amended,  1939,  354  §  4;  revised,  1945,  595  §  3;  last  sentence  revised, 
1947,  463;  sixth  paragraph  (inserted  by  1935,  409  §  1)  revised,  1951, 
630  §  1;  paragraph  inserted  after  subdivision  (6),  1948,  432  §  2;  para- 
graph in  lines  69-75  (as  appearing  in  the  Ter.  Ed.)  revised,  1948,  511 
§  7;  paragraph  inserted  after  "registrar"  in  line  75  (as  appearing  in  the 
Ter.  Ed.)  1947,  401  §  2;  same  paragraph  revised,  1948,  511  §  7;  para- 
graph in  lines  85-87  (as  appearing  in  the  Ter.  Ed.)  revised,  1948,  399 
§  2;  619  §  2;  paragraph  inserted,  1950,  306;  last  paragraph  amended, 
1936,  401 ;  paragraph  added  at  end,  1949,  644  §  4;  section  revised,  1951, 
699  §  1;  paragraph  inserted  after  paragraph  numbered  (6),  1952,  173 
§  1;  fifteenth  paragraph  revised,  1951,  736  §  3;  twenty-fourth  para- 
graph revised,  1952,  459;  section  revised,  1952,  540;  third  paragraph 
revised,  1954,  241;  first  sentence  of  fifth  paragraph  revised,  1953,  304; 
sentence  inserted,  1953,  607;  fourteenth  paragraph  of  subdivision  (7) 
revised,  1955,  488  §  2.  (See  1932,  249  §  2;  1933,  183  §  2,  332  §  5; 
1935,  409  §  2;  1936,  380  §  2;  1947,  401  §  3;  666  §  4;  1948,  368;  399 
§  3;  572  §  3;  619  §  3;  1951,  630  §  2;  699  §  5;  736  §  5;  1952,  173  §  2; 
1955,  488  §  3.) 

Sect.  34,  four  words  stricken  out,  1933,  197  §  3;  first  paragraph 
amended,  1934,  364  §  1;  section  revised,  1943,  427  §  2.  (See  1934, 
364  §  3.) 

Sect.  34A,  paragraph  defining  "certificate"  revised,  1945,  384  §  1; 
amended,  1949,  571  §  1;  new  paragraph  (defining  "guest  occupant") 
added,  1935,  459  §  1;  paragraphs  defining  "motor  vehicle  habihty 
bond"  and  "motor  vehicle  liability  pohcy"  revised,  1935,  459  §  2. 
(See  1935,  459  §  5;   1945,  384  §  3.) 

Sect.  34B,  second  paragraph  revised,  1933,  83  §  1;  1935,  302;  fourth 
paragraph  revised,  1933,  83  §  2;  fifth  paragraph  revised,  1949,  571  §  2. 
(See  1933,  83  §  3.) 

Sect.  34C  amended,  1932,  180  §  13;   1949,  571  §  3. 

Sect.  34D  revised,  1935,  459  §  3;  1949,  571  §  4;  last  sentence  re- 
vised, 1950,  162  §  3;   1954,  126  §  3.    (See  1935,  459  §  5.) 

Sect.  34E  revised,  1949,  571  §  5. 


1076  Changes  in  the  [Chap.  90. 

Sect.  34F  revised,  1949,  571  §  6. 

Sect.  34H,  first  paragraph  amended,  1933.  119  §  4;  second  para- 
graph amended,  1948,  39;  new  paragraph  inserted,  1933,  119  §  5. 
(See  1933,  119  §  6.) 

Sect.  341  revised,  1949,  571  §  7. 

Sects.  35-43  and  44-50  inc.  (inserted  by  1935,  418  §  2,  as  amended)  and 
sect.  43A  (inserted  by  1938,  417  §  9)  stricken  out  and  new  sections  35-52 
inserted,  1939,  393  §  3  (further  revising  the  laws  relative  to  aviation).  (See 
1939,  393  §§  4-6.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  sections  35  to  52  as  so  inserted: 

Sect.  35,  paragraph  defining  "Airport"  amended,  1941,  537  §  1; 
paragraph  inserted  after  said  paragraph,  1941,  537  §  2;  paragraph  de- 
fining "Landing  field"  amended,  1941,  537  §  3;  two  paragraphs  added 
at  end,  1941,  537  §  4;  section  revised,  1946,  507;  "Navigable  Air 
Space  "defined,  1947,292. 

Sects.  36-38  repealed,  1946,  583  §  2.  (See  G.  L.  6  §§  57-59.  See 
also  1946,  583  §§  1,  4.) 

Sect.  39,  first  paragraph  revised,  1941,  695  §  13;  section  revised, 
1946,  583  §  3;  first  paragraph  revised,  1948,  637  §  10.  (See  1946, 
583  §  5;   1948,  637  §§  4-9,  13;  663  §  4.) 

Sects.  39A-39F  added,  1946,  607  §  1  (relative  to  a  state  airport  plan). 

Sect.  39A,  paragraph  added  at  end,  1953,  524  §  1. 

Sect.  39B,  paragraph  inserted  after  first  paragraph,  1948,  505. 

Sect.  39C  revised,  1949,  762  §  1.    (See  1949,  762  §  2.) 

Sect.  39D  repealed,  1948,  637  §  11.    (See  1948,  637  §§  4-9,  13.) 

Sect.  39F  revised,  1947,  593  §  4;  paragraph  added  at  end,  1953, 
524  §  2.    (See  1953,  524  §  3.) 

Sect.  39G  added,  1947,  593  §  5  (making  certain  provisions  of  law 
relating  to  airports  in  municipalities  apphcable  to  airports  in  counties). 

Sect.  40  revised,  1946,  582  §  1;  paragraph  added  at  end,  1949,  60; 
revised,  1955,  189. 

Sects.  40A-40I  inserted,  1941,  537  §  5  (relative  to  protecting  the 
approaches  to  publicly  owned  airports). 

Sect.  40 A,  fifth  sentence  amended,  1950,  421. 

Sect.  41  revised,  1946,  582  §  2. 

Sect.  42  amended,  1941,  537  §  6. 

Sect.  43  revised,  1946,  582  §  3. 

Sect.  44  amended,  1941,  537  §  7. 

Sect.  45  amended,  1941,  537  §  8;  revised,  1947,  319. 

Sect.  49A  added,  1949,  115  §  1  (relative  to  court  records  of  cases 
involving  violations  of  aeronautical  laws,  rules  and  regulations); 
amended,  1953,  319  §  12.    (See  1953,  319  §§  39,  40.) 

Sects.  49B-49T  added,  1955,  666  §  1  (requiring  owners  and  operators 
of  aircraft  involved  in  accidents  to  provide  security  for  payment  of 
damages  in  certain  cases.    (See  1955,  666  §  2.) 

Sects.  50A-50L  added,  1948,  637  §  3  (relative  to  the  management 
of  state-owned  airports).    (See  1948,  637  §§  4-9,  13;  663  §  4.) 

Sect.  50C,  paragraph  added  at  end,  1951,  672  §  1.  (See  1951,  672 
§§  2,  3.) 

Sect.  50D,  first  sentence  amended,  1949,  762  §  3;  first  paragraph 
amended,  1955,  452. 


Chaps.  90A,  91].  GENERAL  LawS.  1077 

Sect.  50F,  sentence  added  at  end,  1948,  663  §  2;  third  paragraph 
revised,  1949,  763.    (See  1948,  663  §§  4,  5;   1949,  745  §  2.) 

Sect.  50H,  sentence  added  at  end,  1948,  663  §  3.  (See  1948,  663 
§§  4,  5.) 

Sect.  51  stricken  out,  1946,  613  §  1. 

Sects.  51A-51B  added,  1946,  582  §  4  (relative  to  the  supervision  of 
state  airports  by  airport  managers  and  to  the  leasing  thereof) ;  repealed, 
1948,  637  §  11.    (See  1948,  637  §§  4-9,  13.) 

Sects.  51C-51L  added,  1946,  613  §  1  (relating  to  the  acquisition, 
establishment,  maintenance,  operation  and  regulation  of  airports  by 
the  commonwealth  and  the  cities  and  towns  thereof). 

Sect.  51C  repealed,  1948,  637  §  11.    (See  1948,  637  §§  4-9,  13.) 

Sect.  51E,  sentence  inserted  after  first  sentence,  1948,  481;  second 
and  third  sentences  revised,  1947,  70;  last  sentence  stricken  out  and 
five  sentences  inserted,  1947,  593  §  1. 

Sect.  51F  revised,  1949,  769  §  1. 

Sect.  51H  revised,  1949,  769  §  2. 

Sect.  511  revised,  1947,  593  §  2. 

Sect.  51K  revised,  1947,  593  §  3. 

Sect.  51M  added,  1947,  332  (prohibiting  the  granting  of  exclusive 
franchises  for  transportation  of  persons  at  airports  publicly  owned  or 
controlled,  or  constructed  wholly  or  partly  with  public  funds.) 

Sect.  51N  added,  1947,  501  (authorizing  municipahties  to  estabhsh, 
maintain  and  operate  airports  as  joint  enterprises). 

Chapter  90A.  —  The  Highway  Safety  Act. 
New  Chapter  inserted,  1953,  570  §  1. 

Sect.  1  revised,  1954,  425. 

Sect.  7A  added,  1955,  417  (relative  to  the  assessment  of  points  under 
highway  safety  act  and  merit  rating  system). 

Chapter  91.  —  Waterways. 

Sect.  9A  added,  1938,  407  §  2  (providing  a  method  for  the  develop- 
ment of  waterfront  terminal  facilities). 

Sect.  11,  first  sentence  revised,  1950,  516;  1955,  5;  amended,  1955, 
448  §  1;  sentence  inserted  after  first  sentence,  1955,  448  §  2. 

Sect.  12A  added,  1939,  513  §  6  (hcensing  and  otherwise  regulating 
structures,  filUng  and  excavations  in  certain  rivers  and  streams). 

Sect.  16  amended,  1954,  568  §  3. 

Sect.  19A  added,  1954,  258  (regulating  the  lowering  of  waters  of  a 
great  pond). 

Sect.  27,  paragraph  added  at  end,  1937,  372  §  2;  sentence  added  at 
end,  1950,  768. 

Sect.  29  revised,  1950,  524. 

Sect.  30A  added,  1950,  214  (prohibiting  the  removal  of  certain 
natural  barriers  which  furnish  protection  against  erosion  by  the  sea). 

Sect.  46A  added,  1935,  362  §  1  (penahzing  the  unhcensed  breaking 
up  or  altering  of  vessels,  scows,  fighters  or  certain  other  structures). 

Sect.  49  revised,  1935,  362  §  2. 

Sect.  49A  added,  1955,  464  (providing  for  the  removal  of  certain 
whales  or  other  mammals  from  tidewaters  or  shores  of  the  common- 
wealth). 


1078  Changes  in  the  [Chaps.  91A,  92. 

Sects.  60-62  added,  1953,  666  §  2  (transferring  the  control  of  Salis- 
bury Beach  Reservation  to  the  division  of  public  beaches  in  the  de- 
partment of  pubhc  works). 

Sect.  61,  paragraph  added  at  end,  1954,  533. 

Chapter   91A.  —  Port   of    Boston    Commission    (formerly   entitled   Port   of 

Boston  Authority). 

New  chapter  inserted,  1945,  619  §  3.     (See  1945,  619  §§  4-11.) 

Sect.  1,  section  and  caption  preceding  it  revised,  1953,  608  §  5. 
(See  1953,  608  §§  13-16.) 

Sect.  2  revised,  1951,  457  §  1.    (See  1951,  457  §§  3,  4.) 

Sect.  3  amended,  1951,  457  §  2;  revised,  1953,  608  §  6.  (See  1951, 
457  §§  3,  4.) 

Sect.  4  amended,  1947,  413  §  1;   1953,  608  §  7. 

Sect.  5  amended,  1953,  608  §  8. 

Sect.  6  amended,  1953,  608  §  9;  revised,  1955,  577  §  1.  (See  1955, 
577  §  2.) 

Sect.  7  amended,  1953,  608  §  10. 

Sect.  8  amended,  1953,  608  §  11;  repealed,  1954,  568  §  4. 

Sect.  9  amended,  1953,  608  §  12. 

Chapter  92.  —  Metropolitan  Sewers,  Water  and  Parks. 

For  legislation  aboHshing  the  MetropoUtan  District  Water  Supplj^ 
Commission  and  transferring  its  functions  to  the  Metropolitan  District 
Commission,  see  1947,  583. 

Sect.  1  amended,  1946,  367  §  1;   1950,  648  §  1.    (See  1946,  367  §  2.) 

Sect.  8  amended,  1946,  432  §  5. 

Sect.  yA  added,  1952,  559  §  1  (providing  for  the  construction  and 
operation  of  metropolitan  refuse  disposal  incinerators);  first  sentence 
revised,  1954,  495  §  1;  1955,  773  §  1.  (See  1952,  559  §§  2,  3;  1954, 
495  §  2;   1955,  773  §  2.) 

Sect.  10  revised,  1943,  543  §  1;  1945,  587  §  1;  paragraph  (2)  amended, 

1946,  549  §  1;  paragraph  (3)  amended,  1947,  575  §  1;  1949,  385  §  1; 
paragraph  (4)  amended,  1946,  549  §  2;  paragraph  (5),  sentence  added 
at  end,  1946,  549  §  3;  paragraph  (6)  revised,  1946,  549  §  4;  paragraph 
(10)  amended,  1946,  243,  549  §  5;   1953,  373;  paragraph  (12)  revised, 

1947,  575  §2.  (See  1943,  543  §§  lA,  3;  1945,  587  §5;  1947,  575  §§  3-6; 
1949  494.) 

Sect.  13  amended,  195t),  518  §  2. 

Sect.  17,  paragraph  added  at  end,  1945,  693  §  1. 

Sect.  26,  first  paragraph  revised,  1943,  543  §  2;  first  two  paragraphs 
revised,  1945,  587  §  2;  second  paragraph  amended,  1946,  432  §  6;  first 
two  paragraphs  revised,  1946,  549  §  6;  first  paragraph  stricken  out  and 
five  paragraphs  inserted,  1953,  618.    (See  1945,  587  §§4,  5.) 

Sects.  26A  and  26B  added,  1945,  587  §  3  (fixing  the  price  for  water 
furnished  to  municipahties  by  the  metropolitan  water  district  and  pro- 
viding for  a  state  borrowing  to  ensure  the  maintenance  of  the  price  as 
fixed  and  providing  for  disposition  of  the  excess  in  the  metropolitan 
water  works  sinking  fund). 

Sect.  26A,  first  two  sentences  revised,  1946,  549  §  7. 

Sect.  43  amended,  1950,  518  §  3. 


Chaps.  92A,  93.]  GENERAL  LawS.  1079 

Sect.  46  revised,  1948,  550  §  7. 

Sect.  48  amended,  1934,  266  §  1.    (See  1934,  266  §  4.) 

Sects.  55  and  56  stricken  out  and  section  55  inserted,  1949,  554  §  1. 

Sect.  56  revised,  1933,  197  §  1;  sentence  added  at  end,  1939,  429 
§  1;  section  stricken  out,  1949,  554  §  1.    (See  1939,  429  §§  2,  4.) 

Sect.  57  amended,  1933,  197  §  2;   1949,  554  §  2. 

Sect.  58  amended,  1946,  432  §  7. 

Sect.  59  amended,  1949,  554  §  3. 

Sect.  59A  added,  1945,  637  §  7  (relative  to  annual  assessments  upon 
municipalities  of  the  metropolitan  districts  for  maintenance) ;  sentence 
added  at  end,  1946,  432  §  8.    (See  1945,  279.) 

Sect.  60  revised,  1939,  429  §  3;  last  sentence  revised,  1946,  432  §  9. 
(See  1939,  429  §  4.) 

Sect.  60A  added,  1937,  352  §  1  (regulating  the  making  and  award- 
ing of  certain  contracts  by  the  metropolitan  district  commission  and 
metropohtan  district  water  supply  commission) ;  repealed,  1941,  547  §  2. 
(See  1937,  352  §  2;   1941,  547  §  1.) 

Sect.  61,  first  sentence  revised,  1954,  162  §  2. 

Sect.  62  revised,  1938,  396;  amended,  1941,  658  §  1;  revised,  1950, 
730  §  1.    (See  1950,  730  §  2.)    (See  1941,  658  §  2.) 

Sect.  62A  added,  1937,  416  §  1  (providing  for  a  reserve  police  force 
for  the  metropolitan  district  commission);  revised,  1939,  441  §  1.  (See 
1937,  416  §  5;   1939,  441  §§  3,  5.) 

Sect.  62B  added,  1951,  612  (relative  to  compensation  for  Metro- 
politan district  poUce  for  overtime  service). 

Sect.  63  repealed,  1937,  416  §  2.    (See  1937,  416  §  5;  1939,  441  §  3.) 

Sect.  63B  added,  1948,  653  (providing  for  the  reimbursement  of 
metropohtan  district  poHce  officers  for  injuries  or  damages  sustained  by 
them  in  the  fine  of  duty). 

Sect.  93  amended,  1934,  266  §  2.    (See  1934,  266  §  4.) 

Sect.  94  amended,  1934,  266  §  3.    (See  1934,  266  §  4.) 

Sect.  95A  added,  1950,  518  §  1  (relative  to  the  granting  of  permits 
by  the  metropohtan  district  commission  for  projections  over  property 
under  its  control). 

Sect.  99  repealed,  1947,  530. 

Sect.  100  revised,  1939,  499  §  7;  1945,  292  §  9.  (See  1945,  637  § 
8.) 

Chapter  92A.  —  Massachusetts  Public  Building  Commission. 
New  chapter  inserted,  1947,  466  §  3.  (See  1947,  466  §§  4-6.) 

For  prior  temporary  legislation,  see  1933,  365,  368;  1934,  41;  1935, 
380;  1937,  338;  1938,  20,  501  §  3;  1939,  417,  418;  1941,  720  §  16; 
1943,  517  §  3. 

Chapter  repealed,  1953,  612  §  8.    (See  1953,  612  §§  10-13.) 

Chapter  93.  —  Regulation  of  Trade  and  Certain  Enterprises. 

Sect.  8,  sentence  added  at  end,  1938,  410  §  2. 

Sects.  14A-14D  added,  under  heading  "fair  trade",  1937,  398 
(protecting  trade  mark  owners,  distributors  and  the  public  against  in- 
jurious and  uneconomic  practices  in  the  distribution  of  articles  of  stand- 
ard quahty  under  a  trade  mark,  brand  or  name). 

Sect.  14A  amended,  1939,  231. 


1080  Changes  in  the  [Chap.  93. 

Sect.  14B  amended,  1939,  313. 

Sect.  14C  revised,  1943,  40. 

Sects.  14E-14K  added,  under  heading  "unfair  sales",  1938,  410 
§  1  (defining  and  prohibiting  unfair  sales  practices,  with  a  view  to 
preventing  the  advertising  or  offering  for  sale,  or  the  selUng  below  cost, 
of  merchandise  for  the  purpose  of  injuring  competitors  or  destrojdng 
competition).    (See  1941,  715.) 

Sect.  14E,  paragraphs  (a)  and  (6)  amended,  1939,  189  §  1;  paragraph 
(h)  added  at  end,  1939,  189  §  2. 

Sect.  14F  revised,  1941,  494. 

Caption  immediately  preceding  section  21  amended,  1939,  343  §  3. 

Sect.  18A  added,  1953,  211  (requiring  laundries  and  dry  cleaning 
estabhshments  to  file  their  identification  markings  with  the  commis- 
sioner of  pubhc  safety). 

Sect.  21  amended,  1939,  343  §  1;  1941,  583  §  1;  1954,  257  §  1;  re- 
vised, 1955,  371  §  1. 

Sects.  21A-21D  added,  1941,  583  §  2  (defining  and  further  regulating 
private  trade  schools). 

Sect.  21 A  revised,  1954,  257  §  2;   1955,  371  §  2. 

Sect.  21B  revised,  1952,  499  §  3;  amended,  1954,  257  §  3;  revised, 
1955,  371  §  3. 

Sect.  21C  amended  and  sentence  added  at  end,  1954,  681  §  6     (See 

1954,  681  §§  20,  22.) 

Sect.  21D  amended,  1954,  257  §  4;   revised,  1955,  371  §  4. 

Sect.  22  amended,  1939,  343  §  2;   1941,  583  §  3. 

Sect.  24  revised,  1949,  711  §  1. 

Sect.  24A  added,  1949,  711  §  2  (relative  to  Ucenses  for  the  conduct 
of  collection  agencies). 

Sects.  28A-28D  added,  under  heading  "regulating  closing  out 
sales,  so  called,  and  similar  types  of  sales",  1938,  165. 

Sect.  28A  revised,  1939,  207;  1948,  550  §  8;  1950,  473;  1953,  164  §  1; 
amended,  1955,  217. 

Sect.  28B  stricken  out,  1953,  164  §  2. 

Sect.  28E  added,  1950,  511  (granting  to  the  superior  court  jurisdic- 
tion in  equity  to  restrain  certain  violations  of  the  law  regulating  closing 
out  sales). 

Sect.  29,  heading  and  section  amended,  1946,  612  §  3;  section  revised, 

1955,  584  §  4.    (See  1946,  612  §§  5,  6;  1955,  584  §§  9,  10.) 

Sect.  29A  added,  1955,  584  §  5  (relative  to  notice  and  hearings  on 
objections  to  applications  for  certain  permits,  and  on  appeals  from  de- 
cisions of  the  director  of  the  board  of  outdoor  advertising).  (See  1955, 
584  §§  8-10.) 

Sect.  30  revised,  1945,  233. 

Sect.  30A  revised,  1946,  612  §  4;  1955,  584  §  6.  (See  1955,  584 
§§  8-10.) 

Sect.  31  revised,  1955,  584  §  7.    (See  1955,  584  §§  9,  10.) 

Sect.  34.  For  temporary  act  to  enable  savings  banks  and  certain 
other  banking  institutions  to  co-operate  in  the  distribution  of  United 
States  defense  savings  bonds  and  defense  postal  savings  stamps,  see 
1941,  221,  575. 


Chap.  94.]  GENERAL  LaWS.  1081 


Chapter  94.  —  Inspection  and  Sale  of  Food,  Drugs  and  Various  Articles. 

Sect.  1,  paragraph  in  lines  128-132  (defining  "pasteurized  milk") 
revised,  1932,  158;  section  amended  in  part,  1933,  67  §§  1-5; 
paragraph  (defining  "half  and  half"  added,  1955,  757  §  1;  para- 
graph (defining  "milk  plant"  and  "manufactory")  added,  1933,  338 
§  1;  paragraph  in  lines  30-36  (defining  "butter"  and  "cheese")  stricken 
out  and  new  paragraph  defining  "butter"  inserted,  1937,  335  §  1;  para- 
graph in  fine  40  reading,  "cheese",  see  "butter",  stricken  out  and 
four  new  paragraphs  inserted,  1937,  335  §  2  (defining  cheese  and  cream 
cheese);  paragraph  (defining  "bakery")  amended,  1937,  362  §  1;  para- 
graphs in  hues  148-164  (defining  "agricultural  seeds"  or  "agricultural 
seed",  "noxious  weed  seeds"  and  "weed  seeds")  revised  and  definition 
of  "vegetable  seeds"  added,  1938,  363  §  1;  last  four  definitions  stricken 
out,  1946,  377  §  1;  paragraph  in  lines  177-181  revised,  1939,  196  §  1; 
five  paragraphs  (defining  "enriched  bread",  "enriched  flour",  "person", 
"rolls"  and  "white  bread")  added,  1948,  444  §  1;  paragraph  (defining 
"food")  revised,  1949,  334  §  9.    (See  1937,  362  §  7.) 

Sect.  6  amended,  1937,  362  §  2.    (See  1937,  362  §  7.) 

Sect.  7  amended,  1941,  490  §  19. 

Sect.  8  revised,  1937,  53. 

Sect.  9  amended,  1939,  261  §  6. 

Sects.  9A-9M  added,  1937,  362  §  3  (changing  the  position  in  the 
General  Laws  of  certain  provisions  of  law  relative  to  bakeries).  (For 
prior  legislation,  see  G.  L.  chap.  Ill  §§  34-43,  46-49,  repealed  by  1937, 
362  §  6.)    (See  1937,  362  §§  6,  7.) 

Sect.  10  amended,  1937,  362  §  4.   (See  1937,  362  §  7.) 

Sects.  lOA-lOE  stricken  out,  and  new  sections  lOA-lOG  (regulating 
the  manufacture,  bottling  and  sale  of  certain  non-alcohohc  beverages) 
inserted,  1935,  441. 

Sect.  lOF  amended,  1941,  119. 

Sects.  lOH-lOK  added,  1948,  444  §  2  (relative  to  enrichment  of 
bread  and  flour). 

Sects.  12-48A.  For  temporary  legislation  establishing  within  the 
department  of  agriculture  a  milk  control  board,  and  defining  its  powers 
and  duties,  see  note  to  G.  L,  chapter  94A,  inserted  by  1941,  691  §  2. 

Sect.  12  stricken  out,  and  new  section  12  (relative  to  standards  for 
milk  and  cream)  inserted,  1955,  757  §  2. 

Sect.  12A  added,  1955,  757  §  2  (defining  "fortified  non-fat  milk"). 

Sect.  12B  added,  1955,  757  §  2  (defining  "standardized  milk"). 

Sects.  13,  14,  14A  and  15  stricken  out,  and  new  sections  13-13E 
(relative  to  the  grading  of  milk)  inserted,  1933,  263  §  1.  (See  1933, 
263  §  3.) 

Sect.  13A  revised,  1948,  227. 

Sect.  16  stricken  out  and  sections  16-161  (regulating  the  production, 
sale  and  distribution  of  milk)  inserted,  1932,  305  §  3.  (See  1932,  305 
§§  5,  6.) 

Sect.  16C  amended,  1941,  374;  revised,  1946,  467. 

Sects.  16J-16L  added,  1946,  542  (relative  to  the  regulation  of  trans- 
portation, handUng  and  sale  of  milk). 

Sect.  16K  revised,  1947,  379. 

Sect.  17A  amended,  1933,  124. 


1082  Changes  in  the  [Chap.  94. 

Sect.  18  revised,  1933,  263  §  2.    (See  1933,  263  §  3.) 

Sect.  19,  last  paragraph  revised,  1955,  757  §  3. 

Sect.  20  revised,  1939,  212. 

Sect.  29A  revised,  1933,  253;  1946,  447  §  1. 

Sect.  30  revised,  1933,  253;  1946,  447  §  2. 

Sect.  31  revised,  1933,  253;  1946,  447  §  3. 

Sect.  40  amended,  1941,  298;  fourth  sentence  revised,  1955,  757  §  4. 

Sect.  42A  stricken  out,  and  new  sections  42A-42K  (requiring  dealers 
in  milk  or  cream  to  be  licensed  and  bonded)  inserted,  1933,  338  §  2; 
affected,  1939,  421. 

Sect.  42A  amended,  1935,  126. 

Sect.  42F  revised,  1934,  180  §  1. 

Sect.  42H,  paragraph  2  revised,  1934,  180  §  2. 

Sect.  43  revised,  1932,  305  §  4;  amended,  1935,  88;  first  paragraph 
amended,  1936,  210.    (See  1932,  305  §§  5,  6.) 

Sect.  45  revised,  1935,  317;  1948,  550  §  9. 

Sect.  46,  sentence  added  at  end,  1955,  757  §  5. 

Sect.  48  revised,  1955,  757  §  6. 

Sect.  48B  added,  1935,  259  (requiring  institutions  supported  wholly 
or  in  part  by  funds  of  the  commonwealth  to  use  milk,  other  than 
cream  and  certified  milk,  produced  within  the  commonwealth). 

Sect.  48C  added,  1939,  317  (regulating  the  manufacture,  sale  and 
delivery  of  certain  milk  beverages,  so  called) ;  revised,  1955,  757  §  7. 

Sect.  48D  added,  1955,  757  §  8  (relative  to  the  blending  of  milk  and 
cream,  establishing  sanitary  and  labelling  requirements,  and  providing 
penalties  for  violations  thereof). 

Sect.  49,  sentence  added  at  end,  1948,  453  §  3. 

Sect.  50  amended,  1937,  335  §  3. 

Sect.  52  amended,  1948,  550  §  10;  revised,  1949,  297  §  2;  repealed, 
1954,  262. 

Sect.  54  amended,  1948,  453  §  1. 

Sects.  56  and  57  repealed,  1954,  262. 

Sect.  58  amended,  1948,  453  §  2. 

Sect.  60  revised,  1934,  373  §  2. 

Sect.  61A  added,  1937,  335  §  4  (relative  to  the  manufacture  and 
sale  of  certain  cheese). 

Sects.  64,  64A,  65,  65A,  65B,  65E  and  65F,  and  the  caption  of  said 
section  64,  stricken  out,  and  sections  65G-65S  inserted,  under  caption 
"frozen  desserts  and  ice  cream  mix",  1934,  373  §  1.  (See  1934,  373 
§8.) 

Sect.  65G,  definition  of  "Ice  Cream"  revised,  1950,  236;  definition 
of  "Stabilizer"  revised,  1954,  664  §  1;   "Sugar"  defined,  1954,  664  §  2. 

Sect.  65J,  second  paragraph  revised,  1937,  341  §  1. 

Sect.  65L,  subdivision  (c)  amended,  1937,  341  §  2. 

Sect.  65P,  paragraph  (J)  added  at  end,  1937,  341  §  3. 

Sect.  66A  added,  1945,  109  (making  certain  laws  relative  to  cold 
storage  warehouses  inapplicable  to  locker  plants,  so  called). 

Sect.  74  revised,  1933,  329  §  5;  repealed,  1941,  598  §  2. 

Sect.  74A  added,  1933,  329  §'6  (definition  of  "fish");  repealed,  1941, 
598  §  2. 

Sects.  75  and  76  repealed,  1933,  329  §  7. 

Sect.  77,  first  sentence  stricken  out,  1933,  329  §  8;  repealed,  1941, 
598  §  2. 


Chap.  94.]  GENERAL  LaWS.  1083 

Sect.  77A  added,  1934,  216  (regulating  the  importation  of  fresh 
swordfish). 

Sect.  78  revised,  1933,  329  §  9;  repealed,  1941,  598  §  2. 

Sect.  78A  added,  1933,  329  §  10  (prohibiting  certain  misrepresen- 
tations in  the  sale  of  lobsters);  repealed,  1941,  598  §  2. 

Sect.  79  repealed,  1933,  329  §  7. 

Sect.  80  repealed,  1941,  598  §  2. 

Sect.  81  revised,  1933,  329  §  11;  1939,  491  §  10;  repealed,  1941, 
598  §  2.    (See  1939,  491  §  12.) 

Sect.  82  repealed,  1941,  598  §  2. 

Sect.  83  revised,  1933,  329  §  12;  repealed,  1941,  598  §  2. 

Sect.  85  amended,  1939,  261  §  7. 

Sect.  86,  two  sentences  added  at  end,  1955,  415. 

Sect.  88A  revised,  1933,  329  §  13;  repealed,  1941,  598  §  2. 

Sect.  88B  added,  1936,  176  (requiring  that  shucked  scallops  and 
quahaugs  in  the  shell  be  sold  only  by  weight). 

Sect.  90A  added,  1935,  369  (relative  to  the  sale  and  distribution  of 
eggs). 

Sect.  90B  added,  1938,  404  (establishing  standard  sizes  in  connec- 
tion with  the  sale  and  distribution  of  eggs);  revised,  1951,  266. 

Sect.  92B  added,  under  caption  "meats  and  poultry",  1935,  97 
(requiring  the  retail  sale  of  meats  and  poultry  to  be  by  weight). 

Sect  98  amended,  1939,  261  §  8. 

Sect.  99A  amended,  1939,  261  §  9;  sentence  inserted  after  fourth 
sentence,  1952,  121. 

Sect.  117A,  first  sentence  amended,  1951,  600  §  1.  (See  1951, 
600  §  3.) 

Sects.  117G-117L  added,  1951,  600  §  2  (relative  to  the  grading  and 
marking  of  potatoes).    (See  1951,  600  §  3.) 

Sect.  118  amended,  1943,  332  §  1. 

Sect.  119  amended,  1943,  332  §  2;  1949,  334  §  1. 

Sect.  120  amended,  1943,  332  §  3;  revised,  1949,  334  §  2. 

Sect.  120A  amended,  1943,  332  §  4;  revised,  1949,  334  §  3. 

Sect.  123  amended,  1932,  180  §  15;   1943,  332  §  5. 

Sect.  124  revised,  1943,  508  §  1. 

Sect.  126  amended,  1946,  213  §  1. 

Sect.  128  amended,  1946,  213  §  2. 

Sect.  129  revised,  1946,  213  §  3;  amended,  1949,  334  §  4. 

Sect.  130  amended,  1946,  213  §  4;   1949,  334  §  5. 

Sect.  131  revised,  1943,  332  §  6;  1949,  334  §  6;  first  paragraph 
amended,  1952,  201;  paragraph  added  at  end,  1950,  317. 

Sect.  132  amended,  1949,  334  §  7. 

Sect.  133  amended,  1943,  332  §  7;    1946,  213  §  5. 

Sect.  133A  added,  1946,  213  §  6  (further  regulating  the  slaughtering 
of  certain  animals). 

Sect.  134  amended,  1946,  213  §  7. 

Sect.  135  amended,  1943,  332  §  8. 

Sect.  137  amended,  1949,  334  §  8. 

Sect.  138  amended,  1943,  508  §  2. 

Sect.  139  amended,  1946,  213  §  8. 

Sect.  139A  added,  1945,  679  (relative  to  the  establishment  and  oper- 
ation of  poultry  slaughtering  houses) ;  last  paragraph  revised,  1948,  339; 
1955,  289. 


1084  Changes  in  the  [Chap.  94. 

Sect.  146,  first  paragraph  amended,  1934,  340  §  6;  1943,  508  §  3; 
second  paragraph  amended,  1952,  387.     (See  1934,  340  §  18.) 

Sect.  148,  second  paragraph  amended,  1934,  340  §  6A.  (See  1934, 
340  §  18.) 

Sect.  151  revised,  1943,  508  §  4. 

Sect.  151A  added,  1948,  189  (regulating  the  sale  of  horse  meat  for 
food  in  certain  places) ;  revised,  1953,  136. 

Sects.  152A-152C  added,  1934,  296  (relative  to  the  sale  and  trans- 
portation of  poultry). 

Sect.  152A  amended,  1935,  157  §  1;  1949,  446  §  1;  definitions  of 
"poultry  sold  or  used  for  food"  and  "producer"  inserted,  1955,  515  §  1. 

Sect.  152B  revised,  1935,  157  §  2. 

Sect.  152D  added,  1949,  446  §  2  (relative  to  the  bonding  of  licensees 
engaged  in  the  business  of  buying  or  selling  poultry). 

Sects.  152E-152G  added,  1955,  515  §  2  (making  the  protection  under 
the  poultry  bonding  law  applicable  only  to  poultry  producers). 

Sect.  153 A  added,  1933,  116  (relative  to  the  sale  of  meat  and  meat 
products  containing  certain  preservatives) ;  revised,  1933,311;  1945,  165 

Sect.  172  revised,  1939,  122. 

Sect.  174A  added,  1945,  92  §  1  (fixing  standard  weights  of  containers 
for  certain  flours,  etc.) ;  revised,  1946,  92. 

Sect.  175  repealed,  1945,  92  §  2. 

Sect.  177  revised,  1946.  176. 

Sect.  181  amended,  1939,  261  §  10. 

Sect.  182  amended,  1939,  261  §  11. 

Sect.  184  amended,  1939,  261  §  12. 

Sect.  185A  repealed,  1937,  341  §  4. 

Sect.  186  revised,  1948,  598  §  1. 

Sect.  187  revised,  1948,  598  §  2;   paragraph  in  fines  65-67  revised, 

1954,  577  §  1;    definitions  of  "Oral  prescription",  "Written  prescrip- 
tion" and  "Pharmacist"  inserted,  1954,  577  §  2. 

Sect.  187A  added,  1948,  598  §  3  (further  regulating  the  sale  of  certain 
harmful   drugs);   revised,    1954,    577    §   3;   first  paragraph   amended, 

1955,  718  §  1.    (See  1954,  577  §  4.) 

Sects.  187B  and  187C  added,  1955,  610  (relative  to  the  illegal  posses- 
sion of  harmful  drugs  and  the  reporting  of  harmful  drug  intoxication 
to  the  department  of  public  health). 

Sect.  187D  added,  1955,  718  §  2  (providing  a  penalty  for  the  un- 
authorized making  or  altering  of  a  prescription). 

Sect.  189,  first  sentence  amended,  1948,  598  §  4. 

Sect.  189 A  added,  1948,  598  §  5  (relative  to  the  adulteration  or 
misbranding  of  food  and  drugs). 

Sect.  192  revised,  1948,  598  §  6. 

Sect.  193  revised,  1948,  598  §  7. 

Sect.  196  repealed,  1948,  598  §  8. 

Sect.  197,  paragraph  defining  "Narcotic  drugs"  revised,  1935,  412 
§  1;  amended,  1943,  305  §  1;  revised,  1955,  100  §  1;  fourth  paragraph 
revised,  1943,  305  §  2. 

Sect.  198  amended,  1935,  412  §  2;  sixth  sentence  revised,  1948,  473; 
paragraph  inserted,  1955,  400. 

Sects.  198A  and  198B  added,  1935,  412  §  3  (relative  to  the  licensing 
of  certain  deahngs  in  narcotic  drugs). 

Sect.  201  amended,  1935,  412  §  4. 

Sect.  203  amended,  1935,  412  §  5. 


Chap.  94.]  GENERAL  LawS.  1085 

Sect.  206  amended,  1935,  412  §  6;  repealed,  1955,  100  §  2. 

Sect.  209  revised,  1945,  509;   1954,  226  §  1. 

Sect.  209A  revised,  1954,  226  §  2. 

Sect.  211  amended,  1935,  412  §  7;  revised,  1938,  321  §  1. 

Sect.  212  amended,  1938,  321  §  2;    1951,  575. 

Sect.  212A  added,  1938,  321  §  3  (providing  for  the  arrest  without 
a  warrant  and  punishment  of  a  person  present  where  a  narcotic  drug 
is  unlawfully  kept  or  deposited). 

Sect.  214  amended,  1935,  412  §  8;   1943,  357. 

Sect.  215  amended,  1935,  412  §  9. 

Sect.  217  amended,  1935,  412  §  10. 

Sect.  225,  paragraph  added  at  end,  1939,  69. 

Sect.  239A  amended,  1939,  261  §  13. 

Sect.  244  amended,  1941,  155  §  1. 

Sect.  245  revised,  1933,  94  §  2;  amended,  1939,  261  §  13A;  revised, 
1941,  155  §  2. 

Sect.  246  revised,  1941,  155  §  4. 

Sect.  248  amended,  1934,  184;  1939,  261  §  14;  revised,  1943,  241  §  1; 
amended,  1946,  222:  revised,  1952.  99. 

Sect.  249A  amended,  1939,  261  §  15. 

Sect.  249B  amended,  1939,  261  §  16. 

Sect.  249E  revised,  1943,  241  §  2. 

Sect.  249E3>^  added,  1943,  241  §  3  (relative  to  the  allowable  amount 
of  non-combustible  residue  of  coal  and  coke). 

Sect.  249F  amended,  1939,  261  §  17;   1943,  241  §  4. 

Sect.  249G  added,  under  caption  "material  for  road  construc- 
tion", 1933,  94  §  1  (authorizing  certain  officers  to  direct  the  weighing 
of  material  for  road  construction) ;  amended,  1939,  261  §  17A;  repealed, 
1941,  155  §  3. 

Sect.  250  revised,  1933,  67  §  6. 

Sect.  252  amended,  1933,  67  §  7. 

Sect.  254  amended,  1933,  67  §  8. 

Sect.  255  amended,  1933,  67  §  9. 

Sect.  256  revised,  1933,  67  §  10. 

Sect.  257  revised,  1933,  67  §  11. 

Sect.  258  revised,  1933,  67  §  12. 

Sects.  261A-261L,  as  amended,  stricken  out,  and  new  sections  261A-261K 
inserted,  1946,  377  §  2. 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

Sect.  270,  paragraph  added  at  end,  1937,  176. 

Sects.  270A  and  270B  added,  1935,  439  (providing  for  the  steriliza- 
tion of  feathers,  down  and  second-hand  material  intended  for  use  in 
the  manufacture  of  any  article  of  bedding  or  of  upholstered  furniture). 

Sect.  270C  added,  1939,  196  §  2  (relative  to  the  marking  of  certain 
articles  of  bedding  and  upholstered  furniture  consisting  in  whole  or  in 
part  of  second-hand  metal). 

Sect.  270D  added,  1939,  351  (further  regulating  the  sale  within  the 
commonwealth  of  articles  of  bedding  and  upholstered  furniture);  re- 
pealed, 1941,  57. 

Sect.  276  amended,  1939,  196  §  3. 

Sect.  277A  added,  1941,  422  (requiring  the  marking  or  labelling  of 
furs,  imitation  furs  and  articles  made  therefrom,  and  prohibiting  mis- 
representation in  such  marks  or  labels). 


1086  Changes  in  the  [Chap.  94A. 

Sect.  283  amended,  1939,  261  §  17B. 

Sect.  285  revised,  1950,  110  §  1. 

Sect.  286  revised,  1950,  110  §  2. 

Sect.  287  revised,  1950,  110  §  3. 

Sect.  288  revised,  1950,  110  §4. 

Sect.  295A  added,  under  heading  "petroleum  products",  1933, 
228  (relative  to  prevention  of  fraud  and  misrepresentation  in  the  sale 
of  gasoline,  lubricating  oils  and  other  motor  fuels,  and  to  prevention  of 
the  adulteration  thereof). 

Sects.  295B  and  295C  added,  1938,  411  (prohibiting  and  penalizing 
the  use  of  misleading  signs  relating  to  the  price  of  gasoline  and  other 
motor  fuel). 

Sect.  295C  revised,  1939,  218. 

Sects.  295A-295C  stricken  out,  and  new  sections  295A-2950  in- 
serted, 1939,  459  §  1  (further  regulating  the  advertising  and  sale  of 
motor  fuel  at  retail).    (See  1939,  459  §  3.) 

Sect.  295A  amended  and  paragraph  (6)  inserted,  1950,  515  §  1. 

Sect.  295B,  first  paragraph  amended,  1950,  497. 

Sect.  295F  amended,  1955,  183. 

Sect.  295G  revised,  1941,  311;   paragraph  added  at  end,  1950,  496. 

Sects.  295P-295W  added,  1950,  515  §  2  (to  prevent  unfair  discrimina- 
tion, competition  and  destructive  trade  practices  in  the  retail  sale  of 
motor  fuel). 

Sect.  298  amended,  1934,  109  §  1. 

Sect.  299  amended,  1934,  109  §  2. 

Sects.  303A-303E  added,  under  caption  "methyl  or  ■wood  alco- 
hol", 1934,  372  §  3  (relative  to  such  alcohol  and  to  certain  preparations 
containing  such  alcohol). 

Sect.  303A  amended,  1935,  342;   1936,  53. 

Sect.  303B  amended,  1937,  177  §  1. 

Sect.  303C  revised,  1937,  177  §  2. 

Sect.  303F  added,  under  caption  "fuel  oils",  1935,  95  (regulating 
the  sale  of  fuel  oils) ;  amended,  1952,  107. 

Sect.  305A  amended,  1937,  362  §  5.    (See  1937,  362  §  7.) 

Chapter  94A.  —  Milk  Control. 
New  chapter  inserted,  1941,  691  §  2.     (See  1941,  691  §§  3-6.) 

For  prior  temporary  legislation  establishing  within  the  department 
of  agriculture  a  milk  control  board,  and  defining  its  powers  and  duties, 
see  1934,  376;  term  of  office  of  said  board  extended,  1936,  300;  1938, 
334;  1939,  413;  1941,  418  §  1;  631  §  1;  legislation  amended,  1937, 
428;   1938,  279;   1939,  302. 

Sect.  1,  paragraph  defining  "Board"  stricken  out  and  definition  of 
"Commission"  inserted,  1953,  604  §  2. 

Sects.  2-11  amended,  1953,  604  §  3. 

Sect.  2,  subsection  (3)  amended,  1955,  757  §  9. 

Sect.  9,  paragraphs  (a)  and  (b)  revised,  1955,  757  §  10. 

Sect.  12  revised,  1950,  756;  amended,  1953,  604  §  4. 

Sect.  12A  added,  1943,  445  (defining  the  powers  and  duties  of  the 
milk  control  board  in  case  of  a  failure  to  pay  the  official  minimum  price 
for  the  sale  or  delivery  of  milk) ;  amended,  1953,  604  §  3. 

Sect.  13,  subsections  (e)  and  (/)  added  at  end,  1945,  134  (relative  to 
the  furnishing  to  the  milk  control  board  of  certain  information  by 


Chaps.  95-99.]  GENERAL  LawS.  1087 

licensed  milk  dealers);  first  paragraph  of  subsection  (e)  revised,  1946, 
312;  amended,  1953,  604  §  3.    (See  1945,  409.) 

Sects.  14-21  amended,  1953,  604  §  3. 

Sect.  21,  fourth  sentence  revised  and  seventh  sentence  stricken  out, 
1954,  681  §  7.    (See  1954,  681  §§  20-22.) 

Sect.  22  revised,  1943,  164;  amended,  1953,  604  §  5. 

Sect.  22A  added,  1943,  147  (in  aid  of  the  construction  and  enforce- 
ment of  the  state  milk  control  law,  so  called) . 

Sect.  24  amended,  1953,  604  §  3. 

Chapter  95.  —  Measuring  of  Leather. 

Sect.  1  amended,  1939,  261  §  18. 

Chapter  96.  —  Measurement  of  Lumber. 

Sect.  IIA  added,  1945,  145  (adopting  the  international  log  rule  as 
standard  for  determining  the  board  feet  content  of  saw  logs). 

Chapter  97.  —  Surveying  of  Land. 

Sects.  8-13  added,  1941,  47  (defining  and  authorizing  the  use  of  a 
system  of  plane  co-ordinates  for  designating  and  stating  positions  of 
points  on  the  surface  of  the  earth  within  the  conmion wealth). 

Chapter  98.  — ■  Weights  and  Measures. 

Sect.  1  amended,  1939,  261  §  19. 

Sect.  12,  second  paragraph  revised,  1948,  373. 

Sect.  I4A  amended,  1936,  73. 

Sect.  15  revised,  1953,  259  §  1.    (See  1953,  259  §  2.) 

Sect.  20  amended,  1934,  373  §  3. 

Sect.  21  amended,  1934,  373  §  4. 

Sect.  22  amended,  1939,  261  §  19A;  revised,  1941,  59;  amended, 
1953,  86. 

Sect.  28A  added,  1950,  425  (regulating  the  seaUng  and  testing  of 
meters  used  for  measuring  liquefied  petroleum  gas). 

Sect.  29,  paragraph  added  at  end,  1945,  273. 

Sect.  30  repealed,  1935,  60  §  2. 

Sect.  32  amended,  1935,  60  §  3. 

Sect.  34  amended,  1955,  190. 

Sect.  37  amended,  1936,  72. 

Sect.  41  amended,  1941,  462. 

Sect.  42  amended,  1955,  185. 

Sect.  56,  paragraph  (63^)  added,  1934,  98  (estabUshing  fees  for  seal- 
ing certain  liquid-measuring  meters);  section  revised,  1937,  74;  para- 
graph (61^)  added,  1937,  305  §  1;  section  revised,  1949,  34  §  1;  para- 
graph (j)  revised,  1955,  184.    (See  1937,  305  §  2;  1949,  34  §  2.) 

Sect.  56A  added,  1941,  60  (relative  to  the  location  of  scales  and  other 
weighing  devices  used  in  weighing  food  sold  at  retail  by  weight). 

Chapter  99.  —  The  Metric  System  of  Weights  and  Measures. 

Sect.  1  amended,  1939,  261  §  20. 
Sect.  3  amended,  1939,  261  §  21. 
Sect.  4  amended,  1939,  261  §  22. 


1088  Changes  in  the  [Chaps.  100-105. 


'  Chapter  100.  —  Auctioneers. 

Sect.  1,  paragraph  added  at  end,  1936,  209  §  1. 

Sect.  2  revised,  1941,  81;   1948,  550  §  11;   1949,  297  §  3. 

Sect.  5  amended,  1932,  156  §  1. 

Sect.  6  revised,  1948,  550  §  12;   1949,  297  §  4. 

Sect.  14  revised,  1932,  156  §  2;  1948,  550  §  13;  1949,  297  §  5. 

Sect.  16  revised,  1932,  156  §  3. 

Sects.  18-21  added,  1936,  209  §  2  (relative  to  bankruptcy  auctions 
and  other  auctions  of  similar  type  and  relative  to  certain  fraudulent 
practices  at  auctions). 

Sect.  18  revised,  1948,  550  §  14;   1949,  297  §  6. 

Chapter  101.  —  Transient  Vendors,  Hawkers  and  Pedlers. 

Sect.  1,  second  paragraph  revised,  1936,  218;  section  amended, 
1941,  490  §  21. 

Sect.  2  amended,  1948,  372. 

Sect.  3  amended,  1939,  261  §  23;  1941,  490  §  22;  second  sentence 
revised,  1948,  493  §  1.    (See  1948,  493  §  5.) 

Sect.  5  amended,  1933,  254  §  64.    (See  1933,  254  §  66.) 

Sect.  6A  added,  1938,  85  (providing  that  appHcations  for  transient 
vendors'  hcenses  shall  contain  irrevocable  power  of  attorney  for  service 
of  process,  and  providing  for  service  of  process  under  authority  thereof). 

Sect.  15  amended,  1937,  214;  revised,  1937,  333;   1955,  757  §  11. 

Sect.  16  revised,  1935,  42;  amended,  1937,  130. 

Sect.  19  amended,  1934,  114;   1937,  73. 

Sect.  22,  sentence  added  at  end,  1948,  493  §  2.    (See  1948,  493  §  5.) 

Sect.  23,  sentence  added  at  end,  1948,  493  §  3.    (See  1948,  493  §  5.) 

Sect.  24  amended,  1936,  74;  1945,  493  §  1;  1951,  395;  sentence  added 
at  end,  1948,  493  §  4;  section  revised,  1954,  627  §  22;  amended,  1955, 
214.    (See  1945,  493  §  2;   1948,  493  §  5;   1954,  627  §§  65,  67.) 

Sect.  27  amended,  1941,  490  §  23. 

Sect.  30  amended,  1934,  77. 

Sect.  32  amended,  1941,  490  §  24. 

Sect.  33  amended,  1945,  160. 

Chapter  102.  —  Shipping  and  Seamen,  Harbors  and  Harbor  Masters. 

Sect.  15  revised,  1932,  232  §  1. 

Sect.  15A  added,  1932,  232  §  2  (penalty  for  improper  operation  of 
motor  and  other  boats). 

Sect.  15B  added,  1950,  678  (relative  to  the  regulation  of  the  opera- 
tion of  motor  boats  upon  rivers  or  inland  lakes). 

Sect.  17  revised,  1932,  57. 

Chapter  103.  —  Pilots. 

Sect.  31  revised,  1953,  41. 

Chapter  105.  —  Public  Warehouses. 

Sect.  1  amended,  1935,  310  §  1. 

Sects.  2A  and  2B  added,  1935,  122  §  1  (relative  to  the  termination 
of  liabiUty  of  sureties  on  bonds  furnished  by  pubUc  warehousemen). 
(See  1935,  122  §  3.) 


Chaps.  107-llOA.]  GENERAL  LawS.  1089 

Sect.  2C  added,  1947,  499  (authorizing  the  keeping  and  maintenance 
of  certain  pubUc  warehouses  without  a  Ucense). 
Sect.  6  revised,  1935,  122  §  2.    (See  1935,  122  §  3.) 
Sect.  9,  clause  (h)  revised,  1935,  310  §  2. 
Sect.  26  amended,  1948,  145. 
Sect.  33,  paragraph  added  at  end,  1946,  172. 

Chapter  107.  —  Money  and  Negotiable  Instruments. 

Sect.  5  revised,  1947,  55. 

Sect.  31  amended,  1941,  215. 

Sect.  45A  added,  1953,  439  (relative  to  the  use  of  facsimile  signatures 
in  the  drawing  of  checks  by  treasurers  of  pubhc  bodies). 

Sect.  107  amended,  1950,  287  §  2. 

Sect,  lllA  added,  1947,  167  (relative  to  the  time  for  payment  by 
banks  of  checks  and  other  instruments) ;  repealed,  1950,  287  §  3. 

Chapter  107A.  —  Assignments  of  Accounts  Receivable. 

New  chapter  inserted,  1945,  141  §  1.    (See  1945,  141  §  2.) 

Chapter  108A.  —  Partnerships. 

Sect.  34,  first  paragraph  amended,  1932,  180  §  16. 

Chapter  110.  —  Labels,  Trade  Marks,  Names  and  Registration  thereof. 

Sect.  4B  added,  1946,  169  §  1  (penalizing  the  use  for  trade  purposes 
of  the  words  "Army",  "Navy"  and  other  words  denoting  branches  of 
the  United  States  Government) ;  amended,  1948,  466.  (See  1946,  169 
§3.) 

Sect.  5  revised,  1948,  550  §  15;   1952,  32  §  1. 

Sect.  7A  added,  1947,  307  (authorizing  injunctive  relief  in  certain 
cases  of  trade  mark  infringement  or  unfair  competition). 

Sect.  17  revised,  1948,  550  §  16. 

Sect.  20  amended,  1953,  319  §  13.    (See  1953.  319  §§  39,  40.) 

Sect.  21  amended,  1934,  373  §  5;  revised,  1948,  550  §  17. 

Sect.  25  amended,  1953,  319  §  14.    (See  1953,  319  §§  39,  40.) 

Sect.  26  amended,  1946,  169  §  2. 

Chapter  llOA.  —  Promotion  and  Sale  of  Securities. 

Chapter  stricken  out  and  new  chapter  llOA  inserted,  1932,  290  §  1.  (See 
1932,  290  §§  3,  4.) 

The  following  references  are  to  chapter  llOA  as  so  inserted: 

Sect.  2,  paragraph  (a)  revised,  1939,  442  §  4;  paragraph  (c)  amended, 
1936,  316;   1938,  445  §  2;  paragraph  (/)  revised,  1938,  445  §  3. 

Sect.  3,  paragraph  {iyQ  inserted,  1945,  288  §  1;  last  paragraph 
revised,  1945,  288  §  2;  section  revised,  1954,  558  §  1. 

Sect.  4,  paragraph  {g)  revised,  1938,  445  §  4;  paragraph  (h)  stricken 
out,  1954,  558  §  2;  paragraph  (j)  added,  1938,  445  §  5. 

Sect.  5,  paragraph  inserted  before  the  last  paragraph,  1938,  445  §  6; 
same  paragraph  amended,  1954,  558  §  3. 

Sect.  9,  last  sentence  stricken  out,  1938,  445  §  7. 

Sect.  10,  second  sentence  revised,  1954,  558  §  4;  fourth  sentence 
stricken  out  and  two  new  sentences  inserted,  1938,  445  §  8;  three  sen- 
tences added  at  end  of  first  paragraph,  1954,  558  §  5. 


1090  Changes  in  the  [Chap.  ill. 

Sect.  11  amended,  1950,  822  §  2. 

Sect.  IIA  added,  1938,  445  §  9  (regulating  the  sale  by  a  corporation 
of  its  securities  to  employees).  [For  prior  legislation,  see  General  Laws, 
chapter  155  §  23A,  repealed  by  1938,  445  §  13.] 

Sect.  IIA  stricken  out  and  sections  IIA-IIE  inserted,  1950,  822  §  3 
(relative  to  the  sale  of  securities  on  the  installment  plan). 

Sect.  12  revised,  1938,  445  §  10;  last  paragraph  amended,  1939, 
442  §  5. 

Sect.  12A  added,  1938,  445  §  1 1  (relative  to  the  modifying  or  annul- 
ling by  the  commission  of  orders  or  findings  made  by  the  director  of  the 
securities  division  and  to  review  of  such  action) ;  repealed,  1939,  442  §  6. 

Sect.  13  amended,  1936,  68. 

Sect.  18  revised,  1938,  445  §  12. 

Chapter  111.  —  Public  Health. 

For  temporary  legislation  providing  for  a  dental  research  program 
for  the  training  of  feminine  personnel,  see  1949,  473;  repealed,  1950, 
667. 

Sect.  1,  paragraph  added  at  end,  1938,  265  §  6;  "Inland  waters" 
defined,  1951,  448  §  1. 

Sects.  1A  and  IB  added,  1951,  552  (providing  that  certain  laws  re- 
lating to  pollution  or  contamination  of  waters  shall  apply  to  govern- 
mental agencies). 

Sect.  3  revised,  1946,  152. 

Sects.  4A-4C  added,  1950,  800  (relative  to  the  establishment  of 
alcoholic  cUnics). 

Sect.  4A,  two  sentences  added  at  end  of  first  paragraph,  1954,  581 
§  3.    (See  1954,  581  §§  4,  5.) 

Sect.  5,  paragraph  added  at  end,  1941,  388;  same  paragraph  re- 
vised, 1945,  615. 

Sect.  5A  added,  1941,  612  (relative  to  the  preparation  and  distribu- 
tion by  the  department  of  pubHc  health  of  products  applicable  to  the 
prevention  or  cure  of  diseases  of  man). 

Sect.  5B  added,  1955,  335  (authorizing  the  department  of  public 
health  to  regulate  methods  of  handling  and  disposing  of  radioactive 
materials). 

Sect.  6  re\dsed,  1938,  265  §  7;  sentence  added  at  end,  1948,  129  §  1. 

Sect.  11  revised,  1934,  328  §  1. 

Sect.  12  revised,  1943,  331  §  1. 

Sect.  13,  last  sentence  revised,  1943,  331  §  2. 

Sect.  15  amended,  1934,  340  §  7.     (See  1934,  340  §  18.) 

Sect.  16  amended,  1934,  340  §  8.     (See  1934,  340  §  18.) 

Sect.  17  amended,  1937,  340. 

Sect.  20  revised,  1947,  76. 

Sect.  24  amended,  1937,  365;  revised,  1939,  234;   1945,  292  §  10. 

Sect.  26  revised,  1946,  268  §  1. 

Sects.  26A-26E  added,  1946,  268  §  2  (relative  to  the  replacement  of 
a  board  of  health  of  a  city  by  a  health  department). 

Sect.  27A  revised,  1932,  209. 
^  Sects.  27B  and  27C  added,  1953,  600  §  1  (relative  to  the  organiza- 
tion of  regional  health  districts).    (See  1953,  600  §  2.) 


Chap.  111.]  GENERAL  LawS.  1091 

Sect.  27B,  fifth  paragraph  amended,  1954,  273;  sixth  paragraph 
amended,  1954,  681  §  8.    (See  1954,  681  §§  20-22.) 

Sect.  31  amended,  1937,  285. 

Sect.  31A  stricken  out,  and  new  sections  31 A  and  3 IB  inserted,  1937, 
282. 

Sect.  31  A,  paragraph  added  at  end,  1945,  423. 

Sect.  31C  added,  1954,  672  §  4  (relative  to  the  control  of  atmospheric 
pollution  by  local  boards  of  health). 

Sects.  34-43  and  46-49,  and  the  caption  preceding  section  34,  re- 
pealed, 1937,  362  §  6.     (See  1937,  362  §§  1-5,  7.) 

Sect.  51  revised,  1943,  16  §  1. 

Sect.  53  amended,  1943,  16  §  2. 

Sect.  54  amended,  1943,  16  §  3. 

Sect.  57A  added,  1943,  436  §  1  (permitting  the  department  of  public 
health  to  establish  and  maintain  cancer  clinics).     (See  1943,  436  §  2.) 

Sect.  57B  added,  1953,  382  (relative  to  the  estabUshing  and  main- 
tenance of  muscular  dystrophy  clinics). 

Sect.  57C  added,  1954,  538  §  lf(creating  facilities  for  care  of  the  aging). 

Sects.  58-62,  and  caption  preceding  section  54,  stricken  out,  and  new 
sections  58-62  inserted  under  the  caption  "Agencies  giving  day  care  to 
children,"  1950,  205. 

Sects.  62I-62S  added,  1954,  508  §  1  (establishing  the  Massachusetts 
hospital  school  and  hospital  for  state  minor  wards).  (See  1954,  508 
§§  3-5.) 

Sect.  65  revised,  1951,  562  §  1;  1952,  270  §  1.  (See  1951,  562  §  11; 
1952,  270  §  10.) 

Sect.  65A  amended,  1936,  346  §  1;  1941,  506;  revised,  1948,  412; 
amended,  1952,  492;  revised,  1953,  383;  1954,  538  §  2;  1955,  220.  (See 
1936,  346  §  2.) 

Sect.  65B  added,  1945,  453  (providing  for  the  admission  of  children 
suffering  from  rheumatic  heart  disease  to  the  North  Reading  state 
sanatorium). 

Sect.  66  amended,  1934,  219;  first  sentence  revised,  1947,  630;  sec- 
tion revised,  1951,  562  §  2;  1952,  270  §  2.  (See  1936,  346  §  2;  1951, 
562  §§  10,  11;   1952,270  §  10.) 

Sect.  66A  added,  1937,  392  (permitting  the  admission  to  state  sana- 
toria and  county  tuberculosis  hospitals,  for  purposes  of  diagnosis  and 
observation,  of  certain  patients  with  diseases  of  the  lungs  other  than 
recognizable  tuberculosis). 

Sects.  67A-67D  added,  under  caption  "care  of  certain  infants 
prematurely  born",  1937,  332. 

Sect.  67A  revised,  1939,  246  §  1;   1949,  601  §  1. 

Sect.  67B  revised,  1949,  601  §  2. 

Sect.  67C  revised,  1939,  246  §  2;  amended,  1945,  535;  revised,  1949, 
601  §  3;  amended,  1955,  753. 

Sect.  69A  amended,  1936,  337  §  1. 

Sect.  69B  revised,  1953,  562;  amended,  1955,  585  §  1.  (See  1955,  585 
§3.) 

Sect.  69C  amended,  1936,  337  §  2;  revised,  1953,  562;  amended, 
1955,  585  §  2.    (See  1955,  585  §  3.) 

Sect.  69D  revised.  1953,  562. 

Sects.  69E-69I  added,  1954,  522  (relative  to  admissions  to  and 
charges  at  the  Lemuel  Shattuck  hospital). 


1092  Changes  in  the  [Chap.  in. 

Sect.  70  amended,  1941,  194  §  5,  389  §  1;   1945,  291. 

Sects.  71-73  stricken  out  and  sections  71-72A  and  73  inserted,  1941,  661  §  1. 
(See  1941,  661  §  2.) 

Sects.  71-72A  and  73  stricken  out  and  new  sections  71-72A  and  73  inserted, 
1952,  602  §  9.     (See  1952,  602  §  18.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

Sect.  71,  fifth  sentence  stricken  out  and  three  sentences  inserted,  1955, 
662  §  8;  eighth  sentence  revised,  1955,  662  §  7;  tenth  sentence  revised, 
1954,  538  §  3. 

Sect.  71A  added,  1955,  449  (to  require  hospitals  to  determine  blood 
type  of  patients). 

Sect.  71B  added,  1955,  662  §  9  (providing  for  an  appeal  in  certain 
cases  of  refusal  to  grant  licenses  to  maintain  certain  homes  for  the 
aged). 

Sect.  74  amended,  1941,  72. 

Sect.  76  revised,  1951,  562  §  3;  1952,  270  §  3.  (See  1951,  562  §  11; 
1952,  270  §  10.) 

Sect.  77  revised,  1951,  562  §  4;  1952,  270  §  4.  (See  1951,  562  §  11; 
1952,  270  §  10.) 

Sects.  78-90  affected  (as  to  district  of  Chelsea,  Revere  and  Win- 
throp),  1934,  78. 

Sect.  78  revised,  1946,  310  §  1;  1951,  562  §  5;  1952,  270  §  5.  (See 
1945,  505;   1951,  562  §  11;   1952,  270  §  10.) 

Sect.  79  revised,  1936,  343;  first  paragraph  amended,  1954,  538  §  4. 

Sect.  80  revised,  1951,  562  §  6;  1952,  270  §  6.  (See  1951,  562  §  11; 
1952,  270  §  10.) 

Sect.  83A  added,  1933,  318  §  6  (relative  to  the  indemnification  or 
protection  of  officers  and  employees  of  tuberculosis  hospital  districts 
in  connection  with  actions  for  personal  injuries  arising  out  of  the  opera- 
tion of  vehicles  owned  b}^  such  districts);  amended,  1934,  291  §  5; 
revised,  1955,  316  §  2.  (See  1933,  318  §  9;  1934,  291  §  6.) 

Sect.  85,  first  sentence  revised,  1943,  414  §  1;  section  revised,  1943, 
500  §  1;  1951,  562  §  7;  1952,  270  §  7.  (See  1943,  500  §  3;  1951,  562 
§  11;   1952,270  §  10.) 

Sect.  85A  revised,  1932,  65. 

Sect.  87  amended,  1945.  398  §  1. 

Sect.  87A  added,  1945,  398  §  2  (providing  that  trustees  of  Bristol 
county  tuberculosis  hospital  shall  be  appointed  by  the  governor).  (See 
1945,  398  §§  4,  5.) 

Sect.  88  revised,  1943,  500  §  2;  1946,  310  §  2;  1951,  562  §  8;  1952, 
270  §  8.     (See  1943,  500  §  3;    1951,  562  §  11;   1952,  270  §  10.) 

Sect.  88A  added,  1943,  500  §  2  (relative  to  charges  for  the  support 
of  patients  in  county  tuberculosis  hosoitals);  revised,  1946,  310  §  3; 
repealed,  1951,  562  §  9.    (See  1943,  500  §  3;   1951,  562  §  11.) 

Sect.  88B  added,  1952,  270  §  9  (providing  for  admission  of  persons 
afflicted  with  pulmonary  tuberculosis  to  certain  hospitals  in  cases  of 
emergency).    (See  1952,  270  §  10.) 

Sect.  91  amended,  1954,  538  §  5;  paragraph  added  at  end,  1955,  559 

§1. 

Sects.  91A  and  91B  added,  1954,  538  §  6  (relative  to  the  conversion 
of  certain  tuberculosis  hospitals  or  facilities  into  homes  for  the  care  and 
treatment  of  aging  persons). 


Chap.  111.]  GENERAL  LaWS.  1093 

Sect.  92  revised,  1955,  559  §  2. 

Sect.  96  revised,  1938,  265  §  8. 

Sect.  96A  added,  1938,  265  §  9  (regulating  the  transportation  to 
another  town  of  a  person  infected  with  a  disease  dangerous  to  public 
health). 

Sect.  97  revised,  1938,  265  §  10. 

Sect.  104  revised,  1938,  265  §  11. 

Sect.  107  revised,  1938,  265  §  12. 

Sect.  109  re\ased,  1938,  265  §  13. 

Sect.  109A  added,  1936,  115  (relative  to  the  treatment  of  infants' 
eyes  at  time  of  birth) ;  amended,  1943,  46. 

Sect.  110,  second  sentence  amended,  1932,  180  §  17. 

Sect.  Ill  revised,  1938,  265  §  14;  second  paragraph  revised,  1948, 
129  §  2. 

Sect.  112  amended,  1938,  265  §  15. 

Sect.  113  revised,  1938,  265  §  16. 

Sect.  116,  sentence  in  lines  24-32  amended,  1943,  275  §  1. 

Sect.  116A  added,  under  caption  "chronic  rheumatism",  1937,  393 
(providing  for  the  hospitalization  of  patients  with  chronic  rheumatism). 

Sect.  117  revised,  1935,  155;  1937,  391;  amended,  1948,  129  §  3; 
paragraph  added  at  end,  1954,  44. 

Sect.  118  amended,  1933,  44;   1948,  129  §  4. 

Sect.  119  amended,  1948,  129  §  5. 

Sect.  120  repealed,  1948,  120. 

Sect.  121  revised,  1945,  555;  first  two  sentences  revised,  1948,  129  §  6. 

Sect.  121A  added,  1939,  407  (requiring  a  serological  test  for  syphihs 
of  pregnant  women). 

Sect.  122A  added,  1947,  148  (increasing  the  powers  of  boards  of 
health  with  respect  to  the  supplying  of  water  for  domestic  purposes  in 
places  of  habitation  and  in  places  where  the  public  is  furnished  food  or 
drink). 

Sect.  124,  first  sentence  revised,  1949,  280. 

Sect.  127  revised,  1937,  339. 

Sect.  128,  two  paragraphs  added  at  end,  1943,  468;  first  of  said 
paragraphs  amended,  1947,  631  §  2;  paragraph  inserted  after  same 
paragraph,  1947,  631  §  2;   section  repealed,  1954,  209  §  1. 

Sect.  128A  added,  1949,  156  §  1  (relative  to  the  filling  and  levelling 
of  sites  of  demolished  or  removed  buildings) . 

Sects.  128B-128E  added,  1954,  209  §  2  (establishing  minimum  housing 
standards  and  defining  the  powers  of  local  boards  of  health  relative  to 
dwelling  places). 

Sect.  128D,  last  sentence  stricken  out,  1954,  447  §  1. 

Sect.  128F  added,  1954,  447  §  2  (providing  penalties  for  violations 
of  the  law  establishing  minimum  housing  standards  and  rules  and  regu- 
lations relative  thereto). 

Sect.  141  revised,  1937,  278. 

Sect.  142A  added,  1954,  672  §  3  (relative  to  the  control  of  atmos- 
pheric pollution).     (See  1954,  672  §§  2,  5,  6.) 

Sect.  143  revised,  1933,  269  §  2;   1948,  480  §  1. 

Sect.  147  amended,  1948,  480  §  2. 

Sect.  150A  added,  1955,  310  §  1  (concerning  the  assignment  of  places 
for  public  and  private  dumps).     (See  1955,  310  §§2,  3.) 

Sect.  151  amended,  1943,  332  §  9. 


1094  Changes  in  the  [Chap.  112. 

Sect.  154  amended,  1934,  340  §  9.    (See  1934,  340  §  18.) 

Sect.  159  amended,  1951,  448  §  2. 

Sect  160  amended,  1951,  448  §  3. 

Sect.  162  amended,  1951,  448  §  4. 

Sect.  163  amended,  1951,  448  §  5. 

Sect.  173A  added,  1938,  293  (extending  the  jurisdiction  of  certain 
police  officers  employed  to  protect  public  sources  of  water  supply  from 
pollution). 

Sect.  173B  added,  1943,  84  (authorizing  water  commissioners  and 
others  to  enter  premises  within  the  watersheds  of  certain  sources  of 
supply). 

Sect.  175  revised,  1941,  353. 

Sects.  176-180  repealed,  1938,  265  §  17. 

Sect.  184A  added,  1939,  344  (authorizing  the  state  department  of 
public  health  to  issue  certificates  of  approval  relative  to  bacteriological 
laboratories);  second  paragraph  amended,  1946,  155  §  1;  paragraph 
added  at  end,  1946,  155  §  2. 

Sect.  184B  added,  1950,  431  (restricting  the  estabUshment  and 
maintenance  of  blood  banks). 

Sect.  185A  added,  1945,  543  §  2  (relative  to  the  furnishing  of  certain 
material  for  use  in  determining  and  recording  the  physical  condition 
of  school  children). 

Chapter  112.  —  Registration  of  Certain  Professions  and  Occupations. 

Sect.  2,  second  sentence  revised,  1933,  171  §  1,  1936,  247  §  1;  three 
paragraphs  added  at  end  of  section,  1936,  247  §  2;   section  amended, 

1938,  210;    paragraph  added  at  end,  1939,  415  §  1;    section  revised, 

1939,  451  §  37;  amended,  1941,  722  §  9;  second  sentence  stricken  out 
and  four  sentences  inserted,  1945,  396  §  1;  sentence  inserted  after 
second  sentence,  1955,  622;  third  sentence  (as  appearing  in  1945, 
396  §  1)  amended,  1952,  585  §  21;  fourth  sentence  (as  appearing  in 
1945,  396  §  1)  revised,  1954,  519  §  1;  fifth  and  sixth  sentences  (as  ap- 
pearing in  1939,  451  §  37)  revised,  1948,  28;  third  paragraph  revised, 
1945,  396  §  2;  paragraph  inserted  after  fourth  paragraph,  1948,  413; 
paragraph  added  at  end,  1946,  365.  Affected,  1938,  259;  1948,  221. 
(See  1933,  171  §  2;   1936,  247  §§  3-6;   1939,  415  §§  3,  4.) 

Sect.  2A  amended,  1945,  396  §  3;   1954,  519  §  2. 

Sect.  2B  added,  1955,  759  §  1  (relative  to  schools  for  the  training  of 
medical  laboratory  technologists).    (See  1955,  759  §  2.) 

Sect.  5  revised,  1937,  425  §  12.     (See  1937,  425  §  15.) 

Sect.  8  revised,  1948,  550  §  18. 

Sect.  9  revised,  1933,  152;   1945,  186;  amended,  1955,  526. 

Sect.  12  amended,  1948,  129  §  7. 

Sect.  12A  amended,  1943,  41. 

Sect.  13  amended,  1937,  425  §  2.     (See  1937,  425  §  15.) 

Sect.  14  amended,  1937,  425  §  3.     (See  1937,  425  §  15.) 

Sect.  15  amended,  1937,  425  §  4.     (See  1937,  425  §  15.) 

Sect.  16  revised,  1937,  425  §  5;  1948,  557;  1950,  363  §  1;  first  para- 
graph amended,  1955,  676  §  1;  fourth  paragraph  amended,  1952,  585 
§  22.  (See  1937,  425  §  15;  1950,  363  §  2;  1951,  767;  1955,  676  §§  2, 
3.) 

Sect.  17  revised,  1937,  425  §  6.     (See  1937,  425  §  15.) 


Chap.  112.]  GENERAL  LawS.  1095 

Sect.  17A  added,  1937,  425  §  7  [defining  certain  duties  of  the  board 
of  registration  in  chiropody  (podiatry)].     (See  1937,  425  §  15.) 

Sect.  18  amended,  1937,  425  §  8.     (See  1937,  425  §  15.) 

Sect.  19  amended,  1937,  425  §  9;  revised,  1951,  105.  (See  1937, 
542  §  15.) 

Sect.  20  amended,  1937,  425  §  10.     (See  1937,  425  §  15.) 

Sect.  21  amended,  1937,  425  §  11;  revised,  1948,  550  §  19.  (See 
1937,  425  §  15.) 

Sect.  23  repealed,  1937,  425  §  13.     (See  1937,  425  §  15.) 

Sects.  23A-23P  added,  1951,  656  §  1  (relative  to  the  practice  of 
physical  therapy  by  registered  physical  therapists).     (See  1951,  656  §  2.) 

Sect.  23G,  first  sentence  revised,  1955,  493  §  1.    (See  1955,  493  §  3.) 

Sect.  231,  fourth  sentence  revised,  1955,  493  §  2.    (See  1955,  493  §  3.) 

Sect.  24  amended,  1932,  227;  1933,  126;  1937,  343  §  1;  revised, 
1941,  52  §  1;  amended,  1945,  502  §  1;  1952,  585  §  23.  (See  1941,  52 
§  2;  1943,  165;  1945,  502  §§  2,  4.)  Temporarily  affected,  1948,  631; 
1952,  361. 

Sect.  24A  added,  1945,  502  §  3  (relative  to  registrations  and  renewal 
of  registrations  as  pharmacists  and  assistant  pharmacists);  revised, 
1955,  429.    (See  1945,  502  §  4.) 

Sect.  24B  added,  1946,  194  (relative  to  standards  for  schools  and 
colleges  of  pharmacy) ;  revised,  1947,  503. 

Sect.  27  revised,  1934,  328  §  2;  amended,  1937,  343  §  2. 

Sect.  30  amended,  1937,  343  §  3. 

Sect.  32  amended,  1934,  328  §  3. 

Sect.  34  amended,  1934,  328  §  4. 

Sect.  35  amended,  1934,  328  §  5;  1935,  306;  1937,  343  §  4;  revised, 
1948,  539  §  1. 

Sect.  36  revised,  1934,  328  §  6. 

Sects.  36A-36D  added,  1948,  539  §  2  (relative  to  the  licensing  of 
persons  engaged  in  the  sale,  distribution  or  delivery,  at  wholesale,  of 
drugs  and  medicines). 

Sect.  38  revised,  1934,  236. 

Sect.  39  amended,  1939,  138;   1951,  410;   1953,  281. 

Sect.  40  amended,  1934,  328  §  6A;   1937,  343  §  5. 

Sect.  42A  added,  1937,  343  §  6  (relative  to  the  retail  drug  business 
and  pharmacy). 

Sects.  43-53  temporarily  affected,  1949,  473. 

Sect.  45,  second  sentence  amended,  1932,  180  §  18;  paragraph  added 
at  end,  1939,  415  §  2;  section  revised,  1949,  564  §  1.  (See  1939,  415  § 
3;   1948,  221.) 

Sect.  45A  amended,  1949,  564  §  2. 

Sect.  46,  clause  Third  amended,  1934,  108. 

Sect.  49  revised,  1948,  270. 

Sect.  50  amended,  1935,  344;  revised,  1949,  333;   1954,  408  §  1. 

Sect.  51  revised,  1949,  576. 

Sect.  52  revised,  1948,  123;   1952,  117. 

Sects.  52A  and  52B  added,  1934,  281  (relative  to  methods  and  prac- 
tices of  dentists  and  dental  hygienists). 

Sect.  52A  revised,  1937,  253;  1954,  408  §  2. 

Sect.  52C  added,  1954,  408  §  3  (restricting  advertising  by  dental 
technicians) . 

Sect.  53  amended,  1949,  564  §  3. 


1096  Changes  in  the  [Chap.  112. 

Sect.  55  amended,  1937,  66;  revised,  1939,  251  §  1;  first  paragraph 
amended,  1945,  724;  1952,  585  §  24;  paragraph  inserted,  1951,  433  §  1. 
(See  1939,  251  §§  2,  3,  4;  1945,  711;  1951,  433  §2;  1952,  585  §§  25, 
26.) 

Sect.  59  revised,  1948,  224. 

Sects.  60A-60J  added  under  caption  "registration  of  archi- 
tects", 1941,  696  §  2.    (See  1941,  696  §§  3,  4.) 

Sect.  60A,  preliminary  paragraph  amended,  1945,  265  §  2. 

Sect.  60B,  second  paragraph  revised,  1953,  558  §  1. 

Sect.  60C,  clause  (c)  revised,  1943,  167. 

Sect.  60D  revised,  1953,  558  §  2.    (See  1953,  558  §  4.) 

Sect.  60E,  paragraph  added  at  end,  1953,  558  §  3. 

Sects.  60K-60M  added,  1945,  265  §  1  (further  regulating  the  prac- 

Sect.  64  amended,  1954,  681  §  9.  (See  1954,  681  §§  20,  22.) 

Sects.  66-73  stricken  out,  and  new  sections  66-73  inserted,  1934, 
339  §  2. 

Sect.  69  revised,  1949,  463. 

Sect.  70  revised,  1948,  550  §  20. 

Sect.  72  amended,  1938,  434  §  1.    (See  1938,  434  §  4.) 

Sect.  73  amended,  1938,  434  §  2.    (See  1938,  434  §  4.) 

Sect.  73A  added,  1937,  287  §  1  (regulating  advertising  in  connection 
with  the  sale  of  eyeglasses,  lenses  or  eyeglass  frames).  (See  1937,  287 
§2.) 

Sect.  73B  added,  1938,  434  §  3  (further  regulating  optometrists  with 
respect  to  premises  where  practice  may  be  carried  on  and  to  the  sharing 
of  their  fees).    (See  1938,  434  §  4.) 

Sects.  73C-73L  added,  1955,  688  §  2  (relative  to  registering  and 
licensing  dispensing  opticians). 

Sects.  74-81  stricken  out,  and  new  sections  74-81C  added,  1941, 
620  §  3.    (See  1941,  620  §§  1,  4-12.) 

Sect.  74,  third  sentence  amended,  1948,  108;   1953,  350  §  4. 

Sect.  74A,  third  sentence  amended,  1951,  87;  section  revised,  1953, 
350  §  5.    (See  1953,  350  §§  13,  14.) 

Sect.  74B  revised,  1953,  350  §  6. 

Sect.  75  revised,  1953,  350  §  7. 

Sect.  76  revised,  1953,  350  §  8. 

Sect.  80A  revised,  1953,  350  §  9. 

Sect.  81  revised,  1953,  350  §  10. 

Sect.  81 A  revised,  1953,  350  §  11. 

Sect.  81B  revised,  1953,  350  §  12. 

Sects.  81A-81Q  inserted  under  caption  "registration  of  profes- 
sional engineers  and  of  land  surveyors",  1941,  643  §  2,  (See 
1941,  643  §§  3-5.) 

Sect.  81A,  as  so  inserted,  amended  and  renumbered  81D,  1941, 
722  §  9A. 

Sect.  81L  amended,  1941,  722  §  9B. 

Sects.  81B-81Q,  inclusive,  inserted  by  1941,  643  §  2,  renumbered 
81E-81T,  inclusive,  1941,  722  §  9C. 

Sects.  82-87,  and  caption  before  said  section  82,  stricken  out,  and 
new  sections  82-87  inserted,  under  caption  "registration  of  em- 
balmers  and  funeral  directors",  1936,  407  §  3.  (See  1936,  407 
§§  5-8.) 


Chap.  112.]  GENERAL  LawS.  1097 

Sect.  82,  definition  of  "Apprentice"  inserted,  1945,  596  §  1;  defini- 
tion of  "Funeral  directing",  revised,  1939,  160  §  1. 

Sect.  83,  third  paragraph  amended,  1939,  160  §  4;   section  revised, 

1945.  596  §  2;   1948,  491. 
Sect.  85  amended,  1941,  232. 

Sect.  87  amended,  1937,  13;   1939,  160  §  2. 

Sects.  82-87  stricken  out  and  sections  82-84,  84A,  85-87  inserted, 

1954,  653  §  2.    (See  1954,  653  §§  3,  5,  6,  7.) 
Sect.  87B  amended,  1953,  510  §  2. 
Sects.  87F-87S.    See  1937,  184. 

Sect.  87F,  paragraph  contained  in  Unes  4-9  revised,  1934,  260  §  1; 
"Instructor"  and  "Apprentice"  defined,  1948,  579  §  1. 

Sect.  87H,  four  sentences  added  at  end,  1934,  260  §  2;  section 
amended,  1936,  314  §  1;  second  paragraph  amended,  1937,  94;  same 
paragraph  revised,  1941,  619  §  1;  1950,  319;  amended,  1954,  355. 
(See  1941,  619  §  2.) 

Sect.  871  amended,  1936,  314  §  2;  revised,  1948,  579  §  2. 

Sect.  87K,  paragraph  added  at  end,  1936,  314  §  3. 

Sect.  87M  amended,  1936,  314  §  4. 

Sect.  870  amended,  1933,  149  §  2.     (See  1933,  149  §  3.) 

Sect.  87P  amended,  1934,  260  §  3;  two  sentences  added  at  end,  1950, 
61;  paragraph  added  at  end,  1950,  440  §  1.    (See  1950,  440  §  2.) 

Sect.  87R  amended,  1936,  314  §  5. 

Sect.  87S,  sentence  added  at  end,  1952,  362. 

Sects.  87T-87JJ  added,  under  caption  "registration  of  hair- 
dressers", 1935,  428  §  2.    (See  1935,  428  §§  6,  7.) 

Sect.  87T,  definition  of  "Apprentice"  stricken  out  and  definition  of 
"Instructor"  added,  1941,  626  §  1;  definition  of  "shop"  revised, 
1941,  626  §  2;  section  revised,  1943,  565  §  1. 

Sect.  87U  amended,  1937,  385  §  2;  revised,  1941,  626  §  3;  amended, 
1949,  345. 

Sect.  87V  amended,  1937,  385  §  3;  revised,  1941,  626  §  4;  1943, 
565  §  2;  1950,  540  §  1.    (See  1950,  540  §  3;   1953,  307.) 

Sect.  87W  amended,  1937,  385  §  4;  revised,  1941,  626  §  5;  1943, 
565  §  3;  first  paragraph  revised,  1950,  540  §  2;  sentence  added  at  end, 

1946,  550  §  2;   1951,  253.    (See  1950,  540  §  3;   1953,  307.) 
Sect.  87X  revised,  1941,  626  §  6;   1943,  565  §  4;   1951,  273. 
Sect.  87Y  revised,  1949,  579. 

Sect.  87Z  amended,  1937,  385  §  5;  revised,  1943,  565  §  5;  paragraph 
added  at  end,  1953,  274;  revised,  1955,  435;  paragraph  added  at  end, 

1955,  333. 

Sect.  87AA  revised,  1941,  626  §  7;  1943,  565  §  6;  paragraph  added 
at  end,  1953,  537  §  1. 

Sect.  87BB  amended,  1937,  385  §  6;  revised,  1943,  565  §  7. 

Sect.  87CC  revised,  1941,  626  §  8;  1943,  565  §  8;  schedule  revised, 
1951,  427;  sentence  added,  1953,  537  §  2;  schedule  revised,  1954,  501; 
first  paragraph  amended,  1948,  347. 

Sect.  87DD  revised,  1943,  565  §  9. 

Sect.  87EE  revised,  1937,  385  §  7. 

Sect.  87GG  revised,  1941,  626  §  9;  1943,  565  §  10;  third  sentence 
stricken  out  and  two  sentences  inserted,  1953,  291;  same  sentences 
stricken  out  and  four  sentences  inserted,  1955,  434;  sentence  added  at 
end,  1946,  550  §  3. 


1098  Changes  in  the  [Chaps.  113-115. 

Sect.  87II  amended,  1937,  385  §  8;  revised,  1941,  626  §  10;  1943, 
565  §  11. 

Sect.  87  J  J  revised,  1941,  626  §  11;   1943,  565  §  12. 

Sect.  87KK  added,  1951,  509  (relative  to  notification  of  examination 
dates  to  applicants  for  registration) ;  amended,  1955,  193. 

Sect.  88,  clause  (3)  amended,  1941,  626  §  13. 

Chapter  113.  —  Promotion  of  Anatomical  Science. 

Sect.  1  amended,  1941,  351  §  7. 

Sect.  2  revised,  1954,  627  §  25.    (See  1954,  627  §§  65,  67.) 

Chapter  114.  —  Cemeteries  and  Burials. 

Sect.  1  amended,  1936,  319  §  1.     (See  1936,  319  §  7.) 

Sect.  6  amended,  1936,  319  §  2.     (See  1936,  319  §  7.) 

Sect.  7  revised,  1936,  319  §  3.     (See  1936,  319  §  7.) 

Sect.  8  revised,  1936,  319  §  4.     (See  1936,  319  §  7.) 

Sect.  9  amended,  1936,  319  §  5.     (See  1936,  319  §  7.) 

Sect.  19  revised,  1948,  550  §  48.     (See  1948,  550  §  51.) 

Sect.  20,  sentence  added  at  end,  1948,  550  §  49.    (See  1948,  550  §  51.) 

Sect.  24  revised,  1948,  550  §  50.    (See  1948,  550  §  51.) 

Sect.  25  amended,  1934,  85  §  1.    (See  1934,  85  §  2.) 

Sects.  43A-43N  added,  under  caption  "miscellaneous  provisions", 

1936,  319  §  6  (relative  to  the  ownership,  maintenance  and  operation  of 

cemeteries  and  crematories  and  to  the  disposal  of  dead  human  bodies). 

(See  1936,  319  §  7.) 
Sect.  430  added,  1948,  497  (prohibiting  the  sale  of  monuments  for 

cemetery  lots  by  certain  corporations). 

Sect.  45  amended,  1954,  627  §  26.    (See  1954,  627  §§  65,  67.) 
Sect.  45A  added,  1954,  438  (relative  to  the  use  of  the  name  of  funeral 

directors  in  connection  with  death  certificates  or  burial  permits). 
Sect.  46  amended,  1954,  627  §  27.    (See  1954,  627  §§  65,  67.) 
Sect.  46A  added,  1949,  604  (relative  to  permits  for  the  burial  or 

other  disposition  of  the  bodies  of  deceased  veterans) . 

Sect.  47  amended,  1954,  627  §  28.    (See  1954,  627  §§  65,  67.) 
Sect.  49  revised,  1936,  407  §  4;   last  paragraph  amended,  1939,  160 

§  3.    (See  1936,  407  §§  5-8.) 
Sect.  51  added,  under  caption  "embalming  fluids",  1955,  472. 

Chapter  115.  —  Veterans'   Benefits   (former  title,   State  and  Military  Aid, 

Soldiers'  Relief,  etc.). 

For  legislation  providing  for  payments  for  the  benefit  of  certain 
soldiers  and  sailors,  see  1942,  11;  1943,  211;  1945,  366;  1946,  584; 
1948,  549;  1954,  627  §§  39,  65,  67;  688;   1955,  708. 

Chapter  stricken  out,  and  new  chapter  115  (with  new  title)  inserted,  1946, 
584  §  1.     (See  1946,  584  §§  2,  21,  22.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  115  as  so  inserted: 

Sect.  1,  paragraph  6  revised,  1948,  510;  paragraph  7  added,  1947, 
444;    paragraph  inserted,    1951,   526    §   2;    definition   of   "Veteran" 


Chaps.  115A-117.]  GENERAL  LaWS.  1099 

revised,  1951,  590  §  1;  paragraph  added  at  end,  1951,  590  §  2;  section 
revised,  1954,  627  §  35;  definition  of  "Veteran"  amended,  1954,  688 
§  4.    (See  1951,  590  §§  7,  8;   1954,  627  §§  38,  65,  67.) 

Sect.  1A  added,  1954,  627  §  36  (relative  to  the  requirements  for  hos- 
pital benefits  available  to  veterans).     (See  1954,  627  §§  65,  67.) 

Sect.  2,  second  and  third  paragraphs  revised,  1951,  590  §  3;  seventh 
paragraph  revised,  1948,  535  §  1;  eighth  paragraph  amended,  1952,  597; 
last  paragraph  stricken  out  and  two  paragraphs  inserted,  1951, 546.  (See 
1951,  590  §§  7,  8;   1954,  627  §§  38,  65,  67.) 

Sect.  3A  added,  1948,  96  §  1  (providing  for  the  use  of  photostatic 
copies  of  discharge  papers  of  veterans  in  certain  cases).  (See  1948, 
96  §  2.) 

Sect.  5  revised,  1948,  535  §  2;  first  paragraph  revised,  1950,  493  §  1; 
1951,  590  §  4;  amended,  1955,  305  §  1;  second  paragraph  revised,  1951, 
590  §  4;  amended,  1955,  305  §  2;  third  paragraph  amended,  1955, 
305  §  3 ;  fourth  paragraph  amended,  1954,  493 ;  last  paragraph  revised, 
1949,  599;  paragraph  added  at  end,  1951,  753  §  1.  (See  1951,  590 
§§  7,  8;   1954,  627  §§  38,  65,  67.) 

Sects.  6A-6C  added,  1949,  660  (providing  for  payment  of  annuities 
to  certain  paraplegic  veterans). 

Sect.  6A  revised,  1954,  627  §  37.    (See  1954,  627  §§  65,  67.) 

Sect.  6B  revised,  1953,  530. 

Sect.  7,  first  sentence  revised,  1948,  535  §  3;  sentence  added  at  end, 
1949,  500.  P\: 

Sect.  8,  last  sentence  revised,  1948,  535  §  4;  section  revised,  1948, 
648;  sentence  added  at  end,  1951,  590  §  5.  (See  1951,  590  §§  7,  8; 
1954,  627  §§  38,  65,  67.) 

Sects.  10-14  added,  1946,  599  §  1  (relative  to  local  departments  of 
veterans'  services).    (See  1946,  599  §§  2,  3;   1947,  1.) 

Sect.  10,  second  paragraph  revised,  1948,  229. 

Sect.  15  added,  1948,  415  (providing  for  audit  of  accounts  of  dis- 
tricts formed  to  establish  departments  of  veterans'  services). 

Chapter  115A.  —  Soldiers'  Homes. 
New  chapter  inserted,  1954,  627  §  42.     (See  1954,  627  §§  65,  67.) 

Chapter  116.  —  Settlement. 

Sect.  1,  clause  Fifth  amended,  1943,  455  §  13;  revised,  1951,  590  §  6; 
amended,  1954,  627  §§  45,  46;  1955,  403  §  5;  revised,  1955,  740  §  1. 
(See  1951,  590  §§  7,  8;   1954,  627  §§  65,  67;   1955,  403  §  14,  740  §  2.) 

Sect.  2  revised,  1933,  213;  amended,  1943,  379;  1946,  584  §  4;  first 
sentence  revised,  1955,  740  §  3.    (See  1946,  584  §  22;   1955,  740  §  2.) 

Sect.  4  revised,  1946,  584  §  5;   1950,  493  §  2.    (See  1946,  584  §  22.) 

Sect.  5  amended,  1943,  455  §  14;  revised,  1946,  584  §  6;  amended, 
1948,  624  §  1.    (See  1946,  584  §  22;   1948,  624  §  2.) 

Chapter  117.  —  Support  by  Cities  and  Towns, 

Sect.  1  amended,  1934,  124. 
Sect.  2,  paragraph  added  at  end,  1954,  516. 

Sect.  2A  added,  1933,  181  (authorizing  local  boards  of  public  wel- 
fare to  aid  needy  persons  in  the  cultivation  of  vegetable  gardens). 


1100  Changes  in  the  [Chap.  ii8. 

Sect.  3A  added,  1937,  277  (protecting  needy  persons  from  the  public 
view  while  applying  for  public  rehef  and  support). 

Sect.  3B  added,  1939,  127  (prohibiting  local  boards  of  public  welfare 
from  making  the  institution  of  ejectment  proceedings  prerequisite  to 
the  payment  by  them  of  rent  owed  for  dwellings  by  certain  persons  on 
welfare  reUef). 

Sect.  5  amended,  1937,  125;  revised,  1948,  581  §  1. 

Sect.  6  revised,  1936,  108. 

Sect.  6A  added,  1938,  211  (preventing  discrimination  against  cer- 
tain persons  with  respect  to  the  payment  of  welfare  rehef). 

Sect.  7  amended,  1950,  485  §  1. 

Sect.  13,  new  sentence  added  at  end,  1941,  608. 

Sect.  14  revised,  1937,  113;  amended,  1938,  275;  1939,  39  §  1.  (See 
1939,  39  §  2.) 

Sect.  16  repealed,  1936,  328. 

Sect.  17  amended,  1939,  370;  1941,  351  §  8;  last  sentence  revised, 
1945,  668  §  2.    (See  1939,  454  §  21.) 

Sect.  18  amended,  1934,  45;  1938,  425;  revised,  1941,  351  §  9; 
first  sentence  revised,  1954,  394.    (See  1939,  454  §  21.) 

Sect.  18A  added,  1938,  465  (relative  to  the  payment  by  cities  and 
towns  of  the  expense  of  the  funeral  and  burial  of  certain  poor  and  in- 
digent persons) ;  paragraph  added  at  end,  1945,  668  §  1. 

Sect.  19,  paragraph  added  at  end,  1937,  86. 

Sect.  21  amended,  1941,  196. 

Sect.  24  revised,  1935,  164;  sentence  added  at  end,  1943,  481. 

Sect.  30,  first  sentence  revised,  1948,  581  §  2. 

Sect.  33  revised,  1952,  411  §  1. 

Sect.  34  repealed,  1952,  411  §  2. 

Sect.  35  amended,  1932,  180  §  19;  repealed,  1952,  411  §  2. 

Sects.  44-46  added,  1938,  476  (authorizing  the  estabhshment  of  pub- 
lic welfare  districts  in  cities  and  towns). 

Sect.  44,  first  sentence  amended,  1952,  353  §  1;  second  sentence 
amended,  1950,  793  §  5;  sentence  inserted  after  fifth  sentence,  1950, 
293  §  1;  sentence  added  at  end,  1950,  793  §  6.    (See  1952,  353  §  10.) 

Sect.  44 A  added,  1953,  205  §  1  (relative  to  the  auditing  of  welfare 
districts).    (See  1953,  205  §  2.) 

Sect.  45,  sentence  added  at  end,  1950,  293  §  2;  section  revised,  1952, 
353  §  2.    (See  1952,  353  §  10.) 

Chapter  118.  —  Aid  to  Dependent  Children  (former  title,  Aid  to  Mothers 
with  Dependent  Children). 

Chapter  stricken  out  and  new  chapter  118  (with  new  title)  inserted,  1936, 
413  §  1.     (See  1936,  413  §  2). 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  118  as  so  inserted: 

Sect.  1  amended,  1939,  487;  revised,  1952,  463. 

Sect.  2  amended,  1941,  593  §  1;  1943,  97;  1945,  412;  sentence  in- 
serted after  fourth  sentence,  1945,  532  §  1;  section  revised,  1946,  415; 
1948,  418;  first  sentence  revised,  1951,  390;  last  five  sentences  stricken 
out  and  four  sentences  inserted,  1951,  525  §  1;  third  sentence  revised, 
1953,  325. 


Chap.  118A.]  GENERAL  LawS.  1101 

Sect.  2 A  added,  1945,  567  (relative  to  certain  persons  in  families 
receiving  aid  under  the  law  providing  aid  to  dependent  children). 

Sect.  4A  added,  1943,  117  (permitting  recipients  of  aid  to  dependent 
children,  so-called,  to  leave  the  commonwealth  without  suspension  of 
such  aid) ;  paragraph  added  at  end,  1945,  458  §  1. 

Sect.  5  revised,  1941,  593  §  2;  two  sentences  added  at  end,  1949, 
613  §  1;  stricken  out  and  one  sentence  inserted,  1953,  323. 

Sect.  6  revised,  1941,  405;  two  sentences  added  at  end,  1943,  491. 
(See  1939,  454  §  21.) 

Sect.  7  revised,  1950,  657. 

Sect.  8  revised,  1939,  248. 

Sect.  9  amended,  1946,  584  §  7.    (See  1946,  584  §  22.) 

Chapter  118A.  —  Adequate  Assistance  to  Certain  Aged  Citizens. 

Chapter  stricken  out  and  new  chapter  118A  inserted,  1936,  436  §  1.  (See 
1936,  436  §  4.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  118A,  as  so  inserted: 

For  legislation  establishing  a  minimum  weekly  rate  for  the  care  of 
recipients  of  old  age  assistance  who  are  inmates  of  boarding  homes, 
see  1955,  603. 

Sect.  1  amended,  1937,  440  §  1;  last  sentence  amended,  1938,  274; 
section  revised,  1941,  729  §  1;   1943,  489  §  1;  third  sentence  amended, 

1950,  519  §  1;  fourth  sentence  amended,  1948,  433;  last  sentence  of 
first  paragraph  amended,  1945,  683  §  1;  first  paragraph  revised,  1950, 
799;  amended,  1951,  801  §  1;  paragraph  inserted  after  first  paragraph, 
1948,  638;  paragraph  inserted  after  second  paragraph,  1949,  796  §  1; 
second  and  third  paragraphs  revised,  1951,  801  §  2;  third  paragraph 
amended,  1955,  728  §  1 ;  paragraph  added  at  end,  1943,  506;  same  para- 
graph revised,  1945,  532  §  2;  1950,  343;  1951,  525  §  2;  amended,  1954, 
525;  paragraph  inserted  before  said  paragraph,  1945,  441.  (See  1941, 
729  §  15;    1945,  683  §  4;   1949,  796  §§  2,  3;   1951,  801  §§  6,  7;   1955, 

728  §  2.) 

Sect.  1A  added,  1950,  519  §  2  (authorizing  old  age  assistance  to 
persons  being  cared  for  under  contract  in  certain  homes  for  the  aged); 
revised,  1954,  521. 

Sects.  IB  and  IC  added,  1951,  475  (extending  the  benefits  of  the 
old  age  assistance  law  to  patients  in  public  medical  institutions). 

Sect  IB.    See  1954,  469  §  2;  revised,  1955,  367. 

Sect.  2  revised,  1937,  440  §  2;  amended,  1941,  597  §  1;  revised,  1941, 

729  §2;  1943,  489  §2;  1945,  683  §2.    (See  1941,729  §  15;  1945,  683  §4.) 
Sect.  2A  added,  1941,  729  §  3  (relative  to  the  liability  of  children  to 

contribute  to  the  support  of  aged  parents);  revised,  1943,  489  §  3; 
1945,  683  §  3;  paragraphs  1,  3  and  4  revised,  1951,  801  §  3.  (See 
1941,  729  §  15;   1945,  683  §  4;   1951,  801  §§  6,  7.) 

Sect.  3  revised,  1937,  440  §  3;  last  sentence  revised,  1938,  285;  sec- 
tion revised,  1939,  481. 

Sect.  4  amended,  1938,  467;  1941,  729  §  4;  revised,  1943,  512; 
amended,  1950,  626;  revised,  1951,  801  §  4.    (See  1941,  729  §§  14,  15; 

1951,  801  §§  4A,  4B,  6,  7.) 

Sect.  4A  added,  1941,  729  §  5  (making  a  recipient  of  old  age  assist- 


1102  Changes  in  the         [Chaps.  ii8B-ii8D. 

ance  liable  to  repay  the  same  in  certain  cases);  revised,  1948,  581  §  3; 
sentence  added  at  end,  1951,  801  §  5.  (See  1941,  729  §  15;  1951,  801 
§§  4B,  6,  7.) 

Sect.  5  revised,  1938,  408;  amended,  1941,  729  §  6;  revised,  1946, 
460;  amended,  1949,  486.    (See  1941,  729  §  15.) 

Sect.  5A  added,  1949,  622  (increasing  the  amount  of  bank  deposits 
allowable  to  applicants  for  old  age  assistance);  revised,  1951,  536. 

Sect.  6,  see  1952,  621. 

Sect.  6A  added,  1937,  165  (permitting  recipients  of  old  age  assist- 
ance, so  called,  to  leave  the  commonwealth  without  suspension  of  such 
assistance);  amended,  1941,  729  §  7;  revised,  1943,  470;  paragraph 
added  at  end,  1945,  458  §  2;  1949,  627.    (See  1941,  729  §  15.) 

Sect.  7  revised,  1951,  533. 

Sect.  8  amended,  1941,  729  §  8;  two  sentences  inserted  after  third 
sentence,  1943,  490;  sentence  added  at  end,  1951,  539;  stricken  out 
and  four  sentences  inserted,  1953,  462  §  1.  (See  1939,  454  §  21;  1941, 
729  §  15;   1953,  462  §  2.) 

Sect.  9  revised,  1945,  541  §  3;  amended,  1946,  584  §  8.  (See  1946, 
584  §  22.) 

Sect.  10  revised,  1941,  597  §  2;  two  sentences  added  at  end,  1949, 
613  §  2;  section  revised,  1952,  602  §  10;  amended,  1954,  340.  (See 
1952,  602  §§  15-18.) 

Sect.  11  added,  1941,  729  §  10  (estabhshing  the  old  age  assistance 
fund);  amended,  1945,  684;  revised,  1955,  540  §  1.  (See  1941,  729 
§§  9,  9A,  15;  1955,  540  §  7.) 

Sect.  12  added,  1953,  571  §  1  (relative  to  the  appointment  of  guard- 
ians and  conservators  for  certain  applicants  for  public  assistance). 


Chapter  118B.  —  The  Merit  System  in  the  Administration  of  Aid  to 
Dependent  Children  and  Old  Age  Assistance. 

New  chapter  inserted,  1950,  793  §  7. 

Sect.  2,  first  sentence  revised,  1952,  353  §  3.    (See  1952,  353  §  10.) 

Sect.  3  amended,  1952,  353  §  4.    (See  1952,  353  §  10.) 

Sect.  5  amended,  1952,  353  §  5.    (See  1952,  353  §  10.) 

Sect.  6  amended,  1952,  353  §  6.    (See  1952,  353  §  10.) 

Sect.  9  amended,  1952,  353  §  7.    (See  1952,  353  §  10.) 

Sect.  10  amended,  1952,  353  §  8.    (See  1952,  353  §  10.) 

Chapter  118C.  —  Coverage  of  Certain  Employees  under  the  Federal  Social 

Security  Act. 

New  chapter  inserted,  1951,  658. 

Chapter  118D.  —  Assistance  to  Persons  who  are  Disabled. 
New  chapter  inserted,  1951,  741  §  2.     (See  1951,  741  §§  1,  4,  5.) 

Sect.  5,  last  sentence  revised,  1953,  461. 

Sect.  8,  paragraph  (a)  amended,  1955,  492  §  1 ;  paragraph  (c)  amended, 
1955,  492  §  2;  paragraph  (d)  amended,  1955,  492  §  3. 

Sect.  20,  first  sentence  revised,  1952,  353  §  9.    (See  1952,  353  §  10.) 

Sect.  21  added,  1953,  571  §  2  (relative  to  the  appointment  of  guard- 
ians and.  conservators  for  certain  applicants  for  pubhc  assistance). 


Chaps.  119,  120.]  GENERAL  LawS.  1103 


Chapter  119.  —  Protection  and  Care  of  Children,  and  Proceedings  against 

Them. 

Sects.  1-51  stricken  out  and  sections  1-39  inserted,  1954,  646  §  1. 
For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1954. 

Sect.  52,  definition  of  "Delinquent  child"  amended,  1948,  310  §  3.* 

Sect.  55,  last  paragraph  revised,  1949,  593  §  6;  section  revised,  1952, 
605  §  3.    (See  1952,  605  §§  19-21.) 

Sect.  56  revised,  1943,  244  §  1. 

Sect.  58,  paragraph  inserted  after  third  paragraph,  1941,  264  §  1; 
section  revised,  1948,  310  §  4*;  paragraph  added  at  end,  1948,  385. 

Sect.  58A  amended,  1941,  194  §  6;  revised,  1941,  327;  1947,  616; 
repealed,  1948,  310  §  5.* 

Sect.  59,  second  paragraph  stricken  out,  1941,  648  §  1. 

Sect.  60  stricken  out  and  new  sections  60  and  60A  inserted,  1938, 
174  §  1  (relative  to  the  use  of  information  and  records  in  cases  of  way- 
wardness or  delinquencv). 

Sect.  60  amended,  1948,  310  §  6.* 

Sect.  61  amended,  1948,  310  §  7.* 

Sect.  63  revised,  1932,  95  §  1. 

Sect.  65  amended,  1932,  95  §  2. 

Sect.  66  revised,  1941,  648  §  2;  1943,  244  §  2. 

Sect.  67  amended,  1941,  648  §  3;  revised,  1943,  244  §  2;   1955,  609 

§1. 

Sect.  68  revised,  1943,  244  §  2;   1948,  310  §  8*;   1955,  609  §  2. 

Sects.  68A-68C  added,  1955,  609  §  3  (relating  to  the  detention  of 
wayward  and  delinquent  children  and  juvenile  offenders). 

Sect.  69  revised,  1943,  244  §  2. 

Sect.  69A  added,  1948,  310  §  9  (providing  that  courts  and  certain 
public  officers  and  authorities  shall  make  available  to  the  youth  service 
board  information  relative  to  cases  committed  to  said  board).* 

Sect.  72  amended,  1947,  235;  revised,  1948,  310  §  10*;  amended, 
1949,  595. 

Sect.  73  revised,  1945,  202;  amended,  1948,  310  §  11.* 

Sect.  74  amended,  1933,  196  §  1;  revised,  1948,  310  §  12.* 

Sect.  75  amended,  1933,  196  §  2;  revised,  1948,  310  §  13.* 

Sect.  76  revised,  1948,  310  §  14.* 

Sect.  77  revised,  1948,  310  §  15.* 

Sect.  79  amended,  1948,  310  §  16*;  1953,  319  §  15.  (See  1953, 
319  §§  39,  40.) 

Sect.  80  revised,  1948,  310  §  17.* 

Sect.  81  amended,  1948,  310  §  18.* 

Sect.  82  amended,  1948,  310  §  19.* 

Sect.  83  revised,  1948,  310  §  20.* 

Chapter  120.  —  Youth  Service  Board  and  Massachusetts  Training  Schools 
(former  title,  Massachusetts  Training  Schools). 

Chapter  stricken  out,  and  nev^r  chapter  120  (with  new  title)  inserted,  1948, 
310  §  22.     (See  1948,  310  §§  30,  31.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

♦See  1948,  310  §§30,31. 


1104  Changes  in  the  [Chap.  121. 

The  following  references  are  to  chapter  120  as  so  inserted : 

Sect.  1  revised,  1952,  605  §  4.    (See  1952,  605  §§  19-21.) 

Sect.  2  revised,  1952,  605  §  5;  amended,  1955,  770  §  4.    (See  1952, 

605  §§  19-21;   1955,  770  §§  117,  123.) 
Sect.  3  revised,  1952,  605  §  6.    (See  1952,  605  §§  19-21.) 
Sect.  4  revised,  1952,  605  §  7.    (See  1952,  605  §§  19-21.) 
Sect.  4 A  added,  1952,  605  §  8  (establishing  a  division  of  youth  service 

in  the  department  of  education).    (See  1952,  605  §§  15,  19-21.) 
Sect.  6,  paragraph  (e)  revised,  1949,  593  §  1. 
Sect.  7  amended,  1952,  605  §  9.    (See  1952,  605  §§  15,  19-21.) 
Sect.  8,  fourth  and  fifth  sentences  revised,  1952,  605  §  10.     (See 

1952,  605  §§  15,  19-21.) 

Sect.  9  amended,  1952,  605  §  11.    (See  1952,  605  §§  15,  19-21.) 

Sect.  10,  subsection  (a)  amended,  1950,  545;  section  revised,  1952, 
605  §  12.    (See  1952,  605  §§  15,  19-21.) 

Sect.  lOA  repealed,  1949,  593  §  2. 

Sect.  11  revised,  1952,  605  §  13;  amended,  1955,  766  §  5.  (See  1952, 
605  §§  15,  19-21.) 

Sect.  12  amended,  1949,  593  §  3;  revised,  1952,  605  §  14.  (See  1952, 
605  §§  15,  19-21.) 

Sect.  13  amended   1949.  .593  §  4. 

Sect.  13A  added,  1953,  619  §  1  (relative  to  payments  by  the  common- 
wealth for  damages  to  property  caused  by  acts  of  certain  inmates  of 
institutions  under  management  of  the  Youth  Service  Board).     (See 

1953,  619  §  2.) 

Sect.  14  amended,  1954,  685  §  2. 

Chapter  121.  —  Powers  and  Duties  of  the  Department  of  Public  Welfare, 
and  the  Massachusetts  Hospital  School. 

Sect.  3  revised,  1952,  602  §  11. 

Sect.  4A  added,  1941,  630  §  3  (relative  to  information  concerning 
recipients  of  old  age  assistance  and  aid  to  dependent  children) ;  revised, 
1945,  240  §  2. 

Sect.  6  amended,  1941,  351  §  11;  1948,  310  §  25.  (See  1948,  310 
§§  30,  31.) 

Sect.  7  amended,  1941,  351  §  12;  revised,  1941,  404;  amended, 
1948,  310  §  26;  revised,  1952,  602  §  12.    (See  1948,  310  §§  30,  31.) 

Sect.  8 A  added,  1935,  311  §  2  (relative  to  funds  received  by  the  di- 
rector of  the  division  of  aid  and  relief  for  the  benefit  of  persons  under  the 
care  and  supervision  of  the  department);  revised,  1941,  523;  amended, 
1950,  162  §  4;  revised,  1954,  126  §  4. 

Sect.  8B  added,  1941,  618  (relative  to  the  disposition  of  certain  un- 
claimed moneys  held  by  the  division  of  child  guardianship  for  the 
benefit  of  certain  wards  thereof). 

Sect.  9  amended,  1941,  351  §  13. 

Sect.  9 A  added,  1934,  167  (relative  to  the  interstate  transportation 
of  poor  and  indigent  persons) ;  sentence  added  at  end,  1945,  458  §  3. 

Sect.  12  amended.  1941,  351  §  14. 

Sect.  13  amended,  1941,  351  §  15. 

Sect.  15  amended,  1941,  351  §  16;  repealed,  1948,  310  §  27.  (See 
1948,  310  §§  30,  31.) 

Sect.  22A  repealed,  1948,  618  §  2.     (See  1948,  618  §  3.) 


Chap.  121.]  GENERAL   LaWS.  1105 

Sect.  23  (and  caption)  amended,  1933,  364  §  2;    section  amended, 

1935,  449  §  2;  revised,  1935,  475  §  3.     (See  1933,  364  §  8.) 
Sect.  24  amended,  1933,  364  §  3.     (See  1933,  364  §  8.) 

Sect.  24A  added,  1935,  449  §  2A  (authorizing  the  acceptance  and 
use  by  the  state  board  of  housing  of  grants  of  federal  funds). 

Sect.  24B  added,  1935,  485  §  1  (authorizing  the  state  board  of  housing 
to  take  land  by  eminent  domain  in  order  to  aid  or  co-operate  with  the 
United  States  with  respect  to  federal  housing  projects). 

Sect.  25  revised,  1933,  364  §  4.     (See  1933,  364  §  8.) 

Sect.  26  amended,  1933,  364  §  5;  revised,  1935,  475  §  4;  amended, 

1936,  211  §  6;  1947,  340  §  6;  two  paragraphs  added  at  end,  1954, 
643  §  2;  same  paragraphs  stricken  out,  1955,  654  §  1.  (See  1933,  364 
§8;   1936,211  §7;  1955,  654  §5.) 

Sects.  26A-26H  added,  1933,  364  §  6  (relative  to  the  powers  and 
duties  of  the  state  board  of  housing,  and  to  limited  dividend  corpora- 
tions under  its  control.)     (See  1933,  364  §  8.) 

Sect.  26H  revised,  1935.  449  §  3. 

Sects.  26A-26H  repealed,  1945,  654  §  2. 

Sects.  26I-26BB,  under  caption  "housing  authorities",  added, 
1935,  449  §  5  (relative  to  the  establishment,  powers  and  duties,  and 
discontinuance,  of  local  housing  authorities). 

Sects.  26I-26BB  stricken  out  and  new  sections  261-261 1  inserted,  1938, 
484  §  1  (to  relate  the  Massachusetts  Housing  Authority  Law  to  the  United 
States  Housing  Act  of  1937).     (See  1938,  484  §  2;   1941,  269  §  2;   1941,  317.) 

Sects.  261-261 1  stricken  out  and  new  sections  26I-26NN  inserted,  1946, 
574  §  1.      (See  1946,  574  §  2.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  sections  261  to  26NN  as  so  inserted: 

Sect.  261  amended,  1948,  200  §  1;  1952,  617  §  1;  1953,  668  §  2;  re- 
vised, 1955,  654  §  2.    (See  1955,  654  §  5.) 

Sect.  26J  amended,  1953,  668  §  3;  1955,  654  §  3;  definition  of 
"Housing  authority"  or  "Authority"  stricken  out  and  definition  of 
"Housing  authority"  inserted,  1952,  617  §  2;  definition  of  "Housing 
board"  or  "board"  revised,  1948,  260  §  4;  definition  of  "Federal  legis- 
lation" revised,  1953,  647,  §  10;  definition  of  "Low^-rent  housing" 
amended,  1953,  668  §  4;  definition  of  "Elderly  persons  of  low  income" 
inserted,  1953,  668  §  3;  definition  of  "Blighted  open  area"  inserted, 
1953,  647  §  12;  definition  of  "Decadent  area"  revised,  1953,  647  §  11; 
definition  of  "Land  assembly  and  redevelopment  project"  revised,  1953, 
647  §  13;  definition  of  "Land  assembly  and  redevelopment  plan" 
amended,  1953,  647  §  14;  definition  of  "Mayor"  inserted,  1951,  322; 
revised,  1954,  71  §  1;  definition  of  "Redevelopment  authority"  and 
"Relocation  project"  inserted,  1952,  617  §  3;  definition  of  "Veterans" 
revised,  1948,  200  §  2;  definition  of  "Servicemen"  and  "Veterans" 
stricken  out  and  definitions  of  "Serviceman"  and  "Veteran"  inserted, 
1949,  760  §  1;  definition  of  "Veteran"  revised,  1950,  624  §  1;  1951, 
441  §  1;  1952,  616  §  1;  1955,  403  §  6.  (See  1950,  624  §  2;  1951,  441 
§  2;   1952,  616  §  2;   1955,  403  §  14,  654  §  5.) 

Sect.  26K,  first  paragraph  amended,  1954,  72  §  1 ;  second  paragraph 
amended,  1953,  647  §  15;  1953,  668  §  5;  paragraph  added,  1954,  72 
§2. 


1106  Changes  in  the  [Chap.  121. 

Sect.  26L,  sentence  inserted  after  second  sentence,  1954,  428  §  1; 
sentence  inserted,  1955,  128  §  1;  fourth  sentence  revised,  1949,  688. 
(See  1954,  428  §§  3,  4;   1955,  128  §  3.) 

Sect.  26M,  sentence  added  at  end,  1954,  428  §  2;  1955,  128  §  2. 
(See  1954,  428  §§  3,  4;  1955,  128  §  3.) 

Sect.  26P,  paragraph  (6)  amended,  1952,  617  §  5;  1953,  647  §  16, 
668  §  6;  1955,  640  §  2. 

Sect.  26Q,  last  sentence  revised,  1950,  105  §  2. 

Sect.  26U  revised,  1955,  327. 

Sect.  26BB  amended,  1953,  647  §  17. 

Sect.  26CC  revised,  1950,  486. 

Sect.  26DD  amended,  1953,  654  §  94. 

Sect.  26FF,  sentence  inserted  after  first  sentence,  1955,  685;  clause 
(c)  revised,  1949,  760  §  2;  clause  {d)  revised,  1954,  625;  clause  (e) 
amended,  1948,  51;  1950,  479  §  5;  clause  (/)  revised,  1949,  760  §  3; 
paragraph  added  at  end,  1950,  631;  sentence  added  at  end,  1951,  313; 

1954,  629. 

Sect.  26GG  revised,  1949,  760  §  4. 

Sect.  26JJ  revised,  1953,  647  §  18. 

Sect.  26KK,  second  paragraph  revised,  1947,  486;  amended,  1953, 
409  §  8;  section  revised,  1953,  647  §  18. 

Sect.  26MM  amended,  1953,  647  §  19. 

Sect.  26NN  stricken  out  and  sections  26NN-26QQ  inserted,  1948, 
200  §  3  (relative  to  state-aided  projects). 

Sect.  26NN,  sentence  inserted  after  first  sentence,  1949,  742  §  1; 
last  sentence  of  first  paragraph  revised,  1951,  456;  amended,  1952, 
550  §  4;  revised,  1954,  507  §  1,  667  §  2;  first  paragraph  amended,  1955, 
489,  641;  last  sentence  of  fifth  paragraph  revised,  1952,  550  §  2;  sub- 
division (a),  first  paragraph  revised,  1949,  742  §  2;  amended,  1954,  507 
§  2;  subdivision  (a),  second  paragraph  amended,  1952,  550  §  1;  sub- 
division (a),  third  paragraph  amended,  1949,  742  §  3;  1954,  676,  507 
§  3;  subdivision  (6),  first  sentence  revised,  1952,  550  §  3;  subdivision  (6), 
first  paragraph,  sentence  added  at  end,  1949,  713;  subdivision  (6), 
second  paragraph  amended,  1949,  742  §  4;  1950,  753;  subdivision  {d) 
added,  1949,  682  §  1;  subdivision  (e)  added,  1950,  386;  revised,  1952, 
550  §  5;  subdivision  (/)  added,  1953,  508;  subdivision  {g)  added,  1954, 
116.    (See  1949,  682  §  2;   1952,  550  §§  6,  7;  1954,  507  §  4.) 

Sect.  26QQ  and  caption  preceding  it  stricken  out  and  new  section 
inserted,  1952,  617  §  4  (relative  to  creating  redevelopment  author- 
ities). 

Sect.  26RR  added,  1952,  617  §  6  (relative  to  contracts  for  state 
financial  assistance  for  housing);  second  paragraph  amended,  1955, 
640  §  3;  third  paragraph  amended,  1953,  647  §  20;  paragraph  (6)  (2) 
revised,  1955,  640  §  4;  paragraph  (6)  (3)  amended,  1955,  640  §  5; 
paragraph  added  at  end,  1955,  640  §  6. 

Sect.  26SS  added,  1952,  617  §  7  (providing  a  severabihty  clause  in 
case  of  a  finding  of  invaUdity  or  unconstitutionality  of  any  part  of  this 
act);  stricken  out  and  sections  26SS-26WW  inserted,  1953,  668  §  1 
(to  provide  for  the  housing  of  elderly  persons). 

Sects.  26SS-26VV  revised,  1954,  667  §  1. 

Sect.   26WW  stricken  out  and  sections  26WW-26CCC  inserted, 

1955,  654  §  4  (relative  to  urban  renewal  projects).    (See  1955,  654  §  5.) 
Sect.  27  repealed,  1933,  364  §  7. 


Chaps.  121A,  122.]  GENERAL  LaWS.  1107 

Sects.  28-37  repealed,  1954,  508  §  2.    (See  1954,  508  §§  3-5.) 
Sect.  31  amended,  1948,  559. 
Sect.  39  amended,  1941,  351  §  17. 

Sect.  40  amended,  1941,  656  §  13.     (See  1941,  656  §  17.) 
Sect.  42  amended,  1932,  180  §  22;   1941,  406;  two  sentences  added 
at  end,  1952,  303. 

Chapter  121A.  —  Urban  Redevelopment  Corporations. 
New  chapter  inserted,  1945,  654  §  1. 

Sect.  1,  definition  of  " Decadent*  area "  amended,  1947,  15;  revised, 
1953,  647  §  1;  amended,  1954,  73  §  1;  paragraph  added  at  end,  1954, 
73  §2. 

Sects.  2  and  3  revised,  1953,  647  §  1. 

Sect.  6,  first  two  paragraphs  stricken  out  and  four  paragraphs  in- 
serted, 1953,  647  §  2. 

Sect.  7,  first  two  paragraphs  revised,  1947,  487  §  1. 

Sect.  7A  added,  1946,  574  §  3  (relative  to  acquisition  from  housing 
authorities  of  sites  for  urban  redevelopment);  first  sentence  revised, 
1955,  654  §  4A.     (See  1955,  654  §  5.) 

Sect.  10,  two  paragraphs  added  at  end,  1953,  647  §  3. 

Sect.  12,  paragraph  added  at  end,  1947,  487  §  2. 

Sect.  15,  first  paragraph  revised,  1953,  647  §  4. 

Sect.  16  stricken  out  and  sections  16  and  16A  inserted,  1953,  647  §  5. 

Sect.  17  repealed,  1953,  647  §  6, 

Sect.  18,  paragraph  (a)  revised,  1953,  647  §  7;  paragraph  (e)  re- 
vised, 1953,  647  §  8. 

Sect.  18A  added,  1946,  129  (authorizing  savings  banks  to  invest  in 
urban  redevelopment  projects). 

Sect.  18B  added,  1953,  647  §  9  (relative  to  the  forming  of  urban 
redevelopment  corporations). 

Chapter  122.  —  Tewksbury  State  Hospital  and  Infirmary  (former  title.  State 

Infirmary). 

Sect.  1  amended,  1941,  351  §  19;  revised,  1941,  596  §  25. 

Sect.  2  amended,  1941,  351  §  20. 

Sect.  2A  amended,  1941,  351  §  21. 

Sects.  2B-2E  added,  1936,  295  (relative  to  Patients'  Funds  at  the 
state  infirmary  and  the  disposition  of  unclaimed  property  and  moneys 
represented  by  bank  books  belonging  to  former  patients). 

Sect.  2B  amended,  1941,  351  §  22;  revised,  1946,  331;  1950,  162 
§  5;  1954,  126  §  5. 

Sect.  2C  amended,  1941,  351  §  23. 

Sect.  2D  revised,  1941,  351  §  24. 

Sect.  2E  revised,  1941,  351  §  25. 

Sect.  3  amended,  1941,  351  §  26. 

Sect.  4  amended,  1941,  351  §  27. 

Sect.  5  amended,  1941,  351  §  28. 

Sect.  6  amended,  1933,  345;   1941,  351  §  29. 

Sect.  8  amended,  1941,  351  §  30. 

Sect.  10  amended,  1941,  351  §  31. 

Sect.  13  amended,  1941,  351  §  32. 


1108  Changes  in  the  [Chap.  123. 

Sect.  14  amended,  1941,  351  §  33. 

Sect.  15  amended,  1936,  325;   1941,  351  §  34. 

Sect.  16  amended,  1941,  351  §  35. 

Sect.  17  amended,  1941,  351  §  36. 

Sect.  18  amended,  1936,  378;  1941,  351  §  37;  revised,  1941,  412; 
first  sentence  amended,  1943,  275  §  2;  fourth  sentence  stricken  out  and 
two  sentences  inserted,  1943,  476;  section  revised,  1945,  583;  first  sen- 
tence revised,  1951,  480;  fifth  sentence  amended,  1947,  618;  revised, 
1948,  546;  1949,  766;  1951,  489;  eighth  sentence  revised.  1952,  342; 
section  revised,  1953,  636  §  3.    (See  1939,  454  §  21;   1953,  636  §  9.) 

Sect.  20  amended,  1941,  351  §  38^  revised,  1950,  441  §  1. 

Sect.  20A  added,  1941,  201  (penahzing  the  unlawful  possession, 
handling  or  consumption  of  certain  things  by  inmates  of  said  hospital 
and  infirmary). 

Sect.  21  amended,  1953,  319  §  16.    (See  1953,  319  §§  39,  40.) 

Sect.  23  amended,  1941,  351  §  39. 

Sect.  24  revised,  1941,  191. 


Chapter   123.  —  Commitment  and   Care  of  the   Insane  and   Other  Mental 

Defectives. 

For  legislation  relative  to  the  establishment  of  the  Norfolk  state 
hospital  for  the  care  of  the  criminal  insane,  see  1935,  421;  1939,  485; 
1941,  194  §§20,  21,  722  §§12,  13. 

Sect.  1,  definition  of  "commissioner"  and  "department"  revised, 
1938,  486  §  7;  "mentally  ill"  and  "mentally  deficient"  defined,  1955, 
637  §  1. 

Sect.  4  revised,  1938,  486  §  8. 

Sect.  7,  two  sentences  added  at  end,  1954.  598  §  1. 

Sect.  8,  second  sentence  stricken  out,  1953,  612  §  9. 

Sect.  8A  added,  1935,  301  (providing  for  co-operation  between  the 
departments  of  mental  diseases  and  public  works  relative  to  roads  at 
state  hospitals). 

Sect.  10  amended,  1941,  490  §  25;   1955,  637  §  2. 

Sect.  11,  paragraph  added  at  end,  1955,  637  §  3. 

Sect.  13  revised,  1936,  286. 

Sect.  13A,  two  sentences  added  at  end,  1955,  637  §  4. 

Sect.  15  amended,  1941,  656  §  14.     (See  1941,  656  §  17.) 

Sect.  16 revised,  1938,  486  §  9;  amended,  1939,  500  §  1;  1947,  429  §  1; 
1951,  497;  1954,  189;  second  sentence  revised,  1954,  598  §  2.  (See 
1946,  324;  1947,  429  §  2.) 

Sect.  16A  amended,  1938,  486  §  10. 

Sect.  19  repealed,  1935,  163. 

Sect.  20  revised,  1955,  637  §  5. 

Sect.  20A  added,  1945,  311  ("relative  to  commitment  to  the  Veterans 
Administration  or  other  agencies  of  the  United  States  of  certain  war 
veterans  for  care  and  treatment). 

Sect.  22  revised,  1941,  351  §  40,  706;  repealed,  1950,  441  §  2. 

Sect.  22A  amended,  1941,  194  §  7. 

Sect.  25  amended,  1935,  314  §  3,  421  §  4;  1950,  684  §  3;  1954, 
469  §  4.    (See  1935,  421  §  6;  1950,  684  §§  11,  12;   1954,  469  §  5.) 

Sect.  26  repealed,  1938,  486  §  11. 

Sect.  28  revised,  1938,  486  §  12;   1945,  638;   1954,  598  §  3. 

Sect.  29  revised,  1938,  486  §  13;   clause  (/)  added,  1954,  598  §  5. 


Chap.  123.]  GENERAL  LawS.  1109 

Sect.  30  revised,  1938,  486  §  14. 

Sect.  31  revised,  1938,  486  §  15. 

Sect.  32  revised,  1933,  115;   1938,  486  §  16. 

Sect.  35  revised,  1946,  33  §  1. 

Sect.  36  revised,  1939,  500  §  12. 

Sect.  37  revised,  1946,  33  §  2. 

Sect.  39,  sentence  added  at  end,  1936,  291  §  1;  section  revised,  1950, 
162  §6;  1954,  126  §6. 

Sect.  39A  amended,  1936,  291  §  2;  first  sentence  amended,  1954,  455. 

Sect.  39B  added,  1932,  204  (relative  to  the  disposition  of  unclaimed 
belongings  at  certain  state  hospitals,  known  as  "patients'  valuables"); 
revised,  1936,  291  §  3. 

Sect.  39C  added,  1933,  256  (relative  to  the  disposition  of  moneys 
represented  by  certain  bank  books  belonging  to  former  patients  of 
certain  state  hospitals);  revised,  1936,  291  §  4. 

Sect.  40  amended,  1939,  500  §  13. 

Sect.  43  repealed,  1939,  500  §  2. 

Sect.  45  amended,  1938,  486  §  17;  1950,  684  §  4;  sentence  added  at 
end,  1955,  637  §  6.    (See  1938,  486  §§  21,  22;  1950,  684  §§  11,  12.) 

Sect.  46  amended,  1938,  486  §  18;  1950,  684  §  5.  (See  1938,  486 
§§21,22;   1950,684  §§  11,  12.) 

Sect.  47  revised,  1938,  486  §  19 ;  1945,  467.     (See  1938,  486  §§21,  22.) 

Sect.  48  repealed,  1952,  307. 

Sect.  49  amended,  1945,  451;  repealed,  1952,  307. 

Sect.  50  revised,  1935,  314  §  4;  amended,  1955,  637  §  7. 

Sect.  51  amended,  1950,  684  §  6;  revised,  1955,  637  §  8.  (See  1950, 
684  §§  11,  12.) 

Sect.  52  amended,  1932,  85;   1955,  637  §  9. 

Sect.  53  revised,  1941,  645  §  1;  amended,  1955,  637,  §  10. 

Sect.  54  amended,  1955,  637  §  11. 

Sect.  55  amended,  1955,  637  §  12. 

Sect.  56  repealed,  1939,  500  §  4. 

Sects.  57-61  repealed,  1955,  637  §  13. 

Sect.  62  amended,  1941,  655  §  1. 

Sect.  66,  paragraph  added  at  end,  1939,  500  §  6;  first  sentence 
amended,  1945,  24;  1950,  684  §  7;  sentence  inserted  after  first  sentence, 
1954,  218.     (See  1950,  684  §§  11,  12.) 

Sect.  66 A  amended,  1941,  194  §  8;  revised,  1954,  685  §  3. 

Sect.  67A  added,  1950,  684  §  8  (relative  to  the  disposition  of  certain 
inmates  at  Myles  Standish  state  school). 

Sect.  69,  sentence  added  at  end,  1945,  227. 

Sect.  73  revised,  1947,  194. 

Sect.  77,  first  sentence  amended,  1935,  314  §  5;  section  revised,  1939, 
500  §5;  1955,  637  §  14. 

Sect.  78,  first  sentence  revised,  1935,  314  §  6. 

Sect.  79,  first  sentence  revised,  1935,  314  §  7;  section  revised,  1939, 
500  §  7;  amended,  1941,  216  §  1;  revised,  1941,  645  §  2. 

Sect.  80  amended,  1939,  500  §  8. 

Sect.  82  amended,  1939,  500  §  9. 

Sect.  84  revised,  1941,  481;  amended,  1941,  490  §  26;  revised,  1941, 
722  §  10. 

Sect.  86  amended,  1935,  314  §  8;  revised,  1939,  500  §  10;  1955, 
637  §  15. 

Sect.  86A  added,  1947,  517  (providing  for  the  reception  in  certain 


1110  Changes  in  the  [Chap.  123A. 

state  institutions  under  the  department  of  mental  health  of  certain 
mentally  ill  children). 

Sect.  87  amended,  1939,  500  §  11;  revised,  1945,  454. 

Sect.  88A  revised,  1945,  25. 

Sect.  89  revised,  1941,  216  §  3;    last  sentence  revised,  1950,  571; 

1954,  685  §  4. 

Sect.  89A  amended,  1941,  194  §  9. 

Sect.  89B  amended,  1938,  254  §  1;   1941,  194  §  10;   1950,  733. 

Sect.  90,  first  sentence  amended,  1932,  180  §  23. 

Sect.  91  amended,  1950,  684  §  9.     (See  1950,  684  §§11,  12.) 

Sect.  93  amended,  1950,  684  §  10.     (See  1950,  684  §§  U,  12.) 

Sect.  94A  added,  1947,  681  (providing  for  the  adjudication  of  resto- 
ration of  soundness  of  mind) ;  third  sentence  stricken  out  and  three 
sentences  inserted,  1952,  535. 

Sect.  96  amended,  1941,  351  §  41;  first  paragraph  revised,  1954, 
598  §  4;  second  paragraph  amended,  1950,  485  §  2;  third  paragraph 
revised,  1941,  398. 

Sect.  lOOA  amended,  1941,  194  §  11;  1953,  319  §  17.  (See  1953, 
319  §§  39,  40.) 

Sect.  102  revised,  1934,  15;  first  paragraph  amended,  1955,  770  §  5; 
paragraph  added  at  end,  1938,  226;  amended,  1947,  459;  section 
amended,  1941,  344  §  3;  second  paragraph  amended,  1952,  396.    (See 

1955,  770  §§  117,  123.) 

Sect.  105  revised,  1936,  130;  first  paragraph  amended,  1945,  50; 
last  paragraph  amended,  1939,  54;    1941,  216  §  2. 

Sect.  110  amended,  1937,  136. 

Sect.  113  amended,  1941,  194  §  12;  revised,  1943,  185  §  1;  amended, 
1947,  684  §  1;  first  sentence  amended,  1948,  310  §  28;  section  revised, 
1952,  608  §  1;  second  paragraph  amended,  1954,  404  §  2;  last  paragraph 
amended,  1954,  404  §  3;  section  revised,  1954,  685  §  1.  (See  1948, 
310  §§  30-31;   1953,  645;   1954,  404  §  1.) 

Sect.  114  revised,  1943,  185  §  2;  1948,  310  §  29;  repealed,  1952, 
608  §  2.     (See  1948,  310  §§  30-31.) 

Sect.  115  revised,  1943,  185  §  3;  1946,  557  §  1;  1947,  684  §  2. 

Sect.  116  revised,  1943,  185  §  4;  repealed,  1952,  608  §  2. 

Sect.  117  amended,  1941,  655  §  2;  1955,  770  §  6.  (See  1955,  770 
§§  117,  123.) 

Sect.  117A  added,  1936,  32  (providing  in  certain  cases  for  the  return 
to  penal  institutions  of  prisoners  removed  therefrom  to  departments 
for  defective  delinquents) ;  revised,  1943,  185  §  5. 

Sect.  118  revised,  1938,  254  §  2;  1943,  185  §  6;  amended,  1945,  150; 
revised,  1946,  557  §  2;   1947,  684  §  3. 

Sect.  118A  added,  1947,  684  §  3  (relative  to  the  parole  of  defective 
delinquents) . 

Sect.  119  revised,  1938,  254  §  3.  * 

Chapter  123A.  —  Care,  Treatment  and  Rehabilitation  of  Sexual  Offenders 
and  Victims  of  Such  Offenders  (former  title,  Care,  Treatment  and 
Rehabilitation  of  Sexual  Psychopaths). 

New  chapter  inserted,  1947,  683. 

Chapter  stricken  out  and  new  chapter  123A  (with  new  title)  inserted,  1954, 
686  §  1.     (See  1954,  686  §  2.) 


Chaps.  124-126.]  GENERAL  LaWS.  1111 


Chapter  124.  —  Powers  and  Duties  of  the  Department  of  Correction. 

Sect  1  amended,  1939,  451  §  38;  1941,  344  §  4;  revised,  1955,  770  §  7. 

(See  1955,  770  §§  114-123.) 
Sect.  2  revised,  1955,  770  §  8.  (See  1955,  770  §§  114,  117,  118,  123.) 
Sects.  3  and  4  repealed,  1955,  770  §  122.  (See  1955,  770  §§117,  123.) 
Sect.  5  amended,  1941,  344  §  5;  1955,  770  §  9.  (See  1955,  770  §§117, 

123.) 
Sect.  6  amended,  1936,  23  §  2;  1939,  451  §  39;  1955,  770  §  10. 

(See  1955,  770  §§  117,  123.) 
Sect.  7  amended,  1939,  451  §  40;  repealed,  1954,  567  §  3.  (See 

1954,  567  §  10). 

Sect.  8  amended,  1935,  48  §  1;  1953,  319  §  18.  (See  1935,  48  §  2; 
1953,  319  §§  39,  40.) 

Chapter  125.  —  Penal  and  Reformatory  Institutions  of  the  Commonwealth. 

Sect.  2  amended,  1941,  344  §  6. 

Sect.  3  amended,  1941,  344  §  7. 

Sect.  4  amended,  1932,  282  §  3;   1941,  344  §  8. 

Sect.  4A  added,  1939,  360  §  1  (changing  the  minimum  age  require- 
ment for  appointment  of  correction  officers  at  certain  state  penal  and 
reformatory  institutions).     (See  1939,  238  §  50.) 

Sect.  6 A  added,  1945,  537  §  1  (estabhshing  the  office  of  treasurer 
at  certain  state  penal  and  reformatory  institutions).  (See  1945,  537 
§5.) 

Sect.  8  revised,  1948,  422. 

Sect.  10  revised,  1937,  20  §  1.     (See  1937,  20  §  2.) 

Sect.  11  amended,  1935,  437  §  1;  revised,  1953,  591  §  1.  (See  1935, 
437  §  8;   1953,  591  §§  2-6.) 

Sect.  13  amended,  1936,  276;   1939,  360  §  2. 

Sect.  14,  third  sentence  stricken  out,  1945,  537  §  2. 

Sect.  22  revised,  1946,  591  §  44. 

Sect.  26  amended,  1945,  537  §  3. 

Sect.  29  revised,  1946,  591  §  45. 

Sect.  30  amended,  1932,  180  §  24. 

Sect.  34  revised,  1945,  537  §  4. 

Sects.  39-41  (and  heading  before  said  section  39)  repealed,  1941, 
344  §  9. 

Sect.  46  repealed,  1941,  596  §  26. 

Sect.  48A  added,  1950,  769  (authorizing  the  establishment  of  a 
clinic  for  alcoholics  at  the  state  farm). 

Sect.  49  revised,  1936,  125. 

Chapter    125.  —  Correctional    Institutions   of   the    Commonwealth    (former 
title,  Penal  and  Reformatory  Institutions  of  the  Commonwealth). 

Chapter    stricken    out   and    new   chapter    125    (with   new   title)    inserted, 

1955,  770  §  11.     (See  1955,  770  §  114-123.) 

Chapter  126.  —  Jails,  Houses  of  Correction  and  Reformation,  and  County 

Industrial  Farms. 

Sect.  9A  added,  1948,  469  (relative  to  the  wearing  of  uniforms  by 
certain  officers  and  emplovees  of  county  penal  institutions). 
Sect.  16  revised,  1937,  219  §  6. 


1112  Changes  in  the  [Chap.  127. 

Sect.  18A  added,  1953,  355  (relative  to  indemnification  by  counties 
of  certain  officers  sustaining  expenses  or  damages  by  reason  of  wilful 
acts  of  inmates). 

Sect.  24,  last  sentence  revised,  1955,  770  §  12.  (See  1955,  770  §§117, 
118,  123.) 

Sect.  37  amended,  1936,  228. 

Chapter  127.  —  Officers  and  Inmates  of  Penal  and  Reformatory  Institutions, 

Paroles  and  Pardons. 

Sect.  1  revised,  1941,  490  §  27. 

Sect.  2  amended,  1941,  344  §  10;  revised,  1955,  770  §  13.    (See  1955, 

770  §§  117,  118,  123.) 

Sect.  4  amended,  1955,  770  §  14.  (See  1955,  770  §§  117,  118,  123.) 
Sect.  6  amended,  1955,  770  §  15.  (See  1955,  770  §§  117,  118,  123.) 
Sect.  10  amended,  1936,  23  §  3;   1941,  656  §  15;  revised,  1955,  770 

§  16.    (See  1941,  656  §  17;   1955,  770  §§  116-118,  123.) 
Sect.  11  revised,  1941,  344  §  11;   repealed,  1955,  770  §  122.     (See 

1955,  770  §§  117,  123.) 
Sect.  12  amended,  1941,  344  §  12;   revised,  1955,  770  §  17.     (See 

1955,  770  §§  116-118,  123.) 
Sect.  14  amended,  1939,  200. 

Sect.  15  repealed,  1955,  770  §  122.    (See  1955,  770  §§  117,  123.) 
Sect.  16,  last  sentence  stricken  out,  1933,  77  §  1;   section  amended, 

1941,  344  §  13;  revised,  1948,  129  §  8;  first  sentence  revised,  1955,  770 

§  18.    (See  1955,  770  §§  117,  123.) 
Sect.  17  revised,  1933,  77  §  2;  last  sentence  revised,  1955,  770  §  19. 

(See  1955,  770  §§  117,  123.) 
Sect.  18  amended,  1933,  77  §  3. 

Sect.  20  revised,  1955,  770  §  20.  (See  1955,  770  §§  117,  123.) 
Sect.  21  revised,  1955,  770  §  21.  (See  1955,  770  §§  117,  123.) 
Sect.  23  amended   1941   69. 

Sect!  27  amended^  1955,'  770  §  22.    (See  1955,  770  §§117,  123.) 
Sect.  28  revised,  1955,  770  §  23.    (See  1955,  770  §§  117,  123.) 
Sect.  32  revised,  1955,  770  §  24.    (See  1955,  770  §§  117,  123.) 
Sect.  33  revised,  1955,  770  §  25.    (See  1955,  770  §§117,  123.) 
Sect.  34  repealed,  1955,  770  §  122.    (See  1955,  770  §§  117,  123.) 
Sect.  35  amended,  1941,  344  §  14;   repealed,  1955,  770  §  122.     (See 

1955,  770  §§  117-123.) 
Sect.  36  revised,  1941,  237  §  1;  first  sentence  revised,  1955,  770  §  26. 

(See  1955,  770  §§  117,  123.) 
Sect.  36A  added,  1955,  770  §  27  (relative  to  the  right  of  an  inmate 

to  confer  with  an  attorney  at  law  designated  by  him).     (See  1955,  770 

§§  116,  117,  123.) 
Sect.  37  revised,  1941,  237  §  2;  1955,  770  §  28.    (See  1955,  770  §§  117, 

123.) 

Sect.  38A  added,  1953,  295  (penalizing  prisoners  in  certain  correc- 
tional institutions  who  hold  persons  as  hostages) . 

Sect.  39  amended,  1955,  357;   revised,  1955,  770  §  29.     (See  1955, 

770  §§  117,  123.) 

Sect.  40  revised,  1955,  770  §  30.    (See  1955,  770  §§  117,  123.) 
Sect.  41  revised,  1955,  770  §  31.    (See  1955,  770  §§117,  123.) 
Sects.  42-47  repealed,  1955,  770  §  122.    (See  1955,  770  §§117,  123.) 
Sect.  48  revised,  1955,  770  §  32.    (See  1955,  770  §§117,  123.) 


Chap.  127.]  GENERAL  LawS.  1113 

Sect.  48A  revised,  1946,  461  §  1 ;    1955,  770  §  33.     (See  1955,  770 

§§  117,  123.) 
Sect.  49  revised,  1955,  770  §  34.    (See  1955,  770  §§  117,  123.) 
Sect.  50  revised,  1941,  344  §  15;  repealed,  1955,  770  §  122.    (See  1955, 

770,  §§  117,  123.) 
Sect.  51  amended,  1941,  344  §  16;    revised,  1955,  770  §  35.     (See 

1955,  770  §§  117,  119,  123.) 
Sect.  52  revised,  1955,  770  §  36.    (See  1955,  770  §§  117,  123.) 
Sect.  54  amended,  1955,  770  §  37.     (See  1955,  770  §§117,  119,  123.) 
Sect.  59  repealed,  1955,  770  §  122.    (See  1955,  770  §§  117,  123.) 
Sect.  61  revised,  1955,  770  §  38.    (See  1955,  770  §§117,  123.) 
Sects.  62-65  repealed,  1955,  770  §  122.    (See  1955,  770  §§  117,  123.) 
Sect.  66  revised,  1955,  770  §  39.    (See  1955,  770  §§117,  123.) 
Sect.  66 A  added,  1955,  770  §  40  (relative  to  the  purchase  of  tools, 

implements  and  materials  required  for  use  in  prison  industries).     (See 

1955,  770  §§  117,  123.) 
Sect.  67  amended,  1955,  770  §  41.    (See  1955,  770  §§  117,  123.) 
Sect.  67 A  added,  1932,  252  §  1  (regulating  the  sale  of  prison  made 

goods).    (See  1932,  252  §  2.) 
Sect.  68  revised,  1955,  770  §  42.    (See  1955,  770  §§117,  123.) 
Sect.  69  amended,  1955,  770  §  43.    (See  1955,  770  §§  117,  123.) 
Sect.  70  repealed,  1955,  770  §  122.    (See  1955,  770  §§117,  123.) 
Sect.  71  revised,  1941,  344  §  17;    1946,  461  §  2;   first  paragraph  re- 
vised, 1955,  770  §  44.    (See  1955,  770,  §§  117  119,  123.) 

Sect.  72  amended,  1941,  344  §  18;  revised,  1941,  436  §  1;  first  and 

third  sentences  revised,  1955,  770  §  45.     (See  1941,  436  §  2;    1955, 

770  §§  117,  123.) 

Sect.  73  revised,  1955,  770  §  46.    (See  1955,  770  §§  117,  120,  123.) 
Sects.  74-77  repealed,  1955,  770  §  122.    (See  1955,  770  §§  117,  123.) 
Sect.  78  and  sections  79-82  (and  heading  preceding  said  section  79) 

repealed,  1941,  344  §  19. 

Sects.  83A-83D  added,  1951,  755  (relative  to  the  establishment  of 

prison  camps  in  state  forests).     (See  1955,  770  §  120,  117,  123.) 
Sect.  83B  amended,  1955,  770  §  47.     (See  1955,  770  §§117,  123.) 
Sect.  84  amended,  1941,  490  §  28. 
Sect.  85  revised,  1950,  727  §  1;  amended,  1955,  770  §  48.    (See  1955, 

770  §§  117,  123.) 

Sect.  86  revised,  1950,  727  §  2;  amended,  1955,  770  §  49.    (See  1955, 

770  §§  117,  123.) 

Sect.  87  amended,  1941,  344  §  20;  revised,  1955,  770  §  50.  (See  1955, 

770  §§  117,  123.) 
Sect.  88  amended,  1955,  770  §  51.  (See  1955,  770  §§  117,  123.) 
Sect.  89  revised,  1955,  770  §  52.  (See  1955,  770  §§  117,  123.) 
Sect.  90  amended,  1955,  770  §  53.  (See  1955,  770  §§  117,  123.) 
Sect.  90A  revised,  1938,  65;  1951,  394;  amended,  1952,  299. 
Sect.  91  repealed,  1955,  770  §  122.  (See  1955,  770  §§  117,  123.) 
Sect.  92  revised,  1955,  770  §  54.  (See  1955,  770  §§  117,  123.) 
Sect.  93  revised,  1955,  770  §  55.  (See  1955,  770  §§  117,  123.) 
Sect.  96  amended,  1941,  351  §  42. 
Sects.  96A  and  96B  added,  1936,  383  (providing  for  the  disposition 

of  unclaimed  monev  and  property  of  former  prisoners). 

Sect.  96A  amended,  1945,  290;  revised,  1955,  770  §  56.  (See  1955, 

770  §§  117,  123.) 


1114  Changes  in  the  [Chap.  127. 

Sect.  96B  revised,  1955,  770  §  57.    (See  1955,  770  §§  117,  123.) 

Sect.  97  revised,  1943,  113;  1955,  770  §  58.  (See  1955,  770  §§117, 
123.) 

Sects.  98-108  repealed,  1955,  770  §  122.  (See  1955,  770  §§  117,  123.) 

Sect.  109  repealed,  1941,  344  §  21. 

Sect.  109A  repealed,  1955,  770  §  122.    (See  1955,  770  §§117,  123.) 

Sect.  109B  added,  1935,  113  §  1  (relative  to  the  transfer  of  certain 
prisoners  from  the  Massachusetts  Reformatory  to  the  State  Prison); 
repealed,  1955,  770  §  122.    (See  1935,  113  §  2;  1955,  770  §§117,  123.) 

Sects.  110  and  111  repealed,  1955,  770  §  122.  (See  1955,  770  §§  117, 
123.) 

Sect.  Ill  A  added,  1933,  169  (relative  to  transfers  of  defective  de- 
linquents and  drug  addicts  from  one  institution  to  another  under  the 
department  of  correction). 

Sect.  113  revised,  1955,  770  §  59.    (See  1955,  770  §§117,  123.) 

Sect.  114  repealed,  1955,  770  §  122.    (See  1955,  770  §§  117,  123.) 

Sect.  117  revised,  1941,  510  §  1;   1943,  120. 

Sect.  118  revised,  1938,  456;  amended,  1941,  351  §  43;  revised,  1941, 
510  §  2. 

Sect.  122  amended,  1955,  770  §  60.    (See  1955,  770  §§117,  123.) 

Sect.  123  amended,  1941,  510  §  3;  second  sentence  revised,  1955, 
770  §  61.    (See  1955,  770  §§  117,  123.) 

Sect.  124  revised,  1955,  770  §  62.    (See  1955,  770  §§  117,  123.) 

Sect.  125  amended,  1946,  148;  revised,  1955,  770  §  63.  (See  1955, 
770  §§  117,  123.) 

Sect.  126  revised,  1955,  770  §  64.    (See  1955,  770  §§  117,  123.) 

Sect.  127  amended,  1938,  71;  1941,  70;  1941,  690  §  5A;  sentence 
added  at  end,  1945,  449  §  2;  amended,  1953,  215  §  1 ;  last  two  sentences 
stricken  out,  1955,  770  §  65.  (See  1941,  690  §§  8-10;  1953,  215  §  2; 
1955,  770  §§  117,  123.) 

Sect.  128  amended,  1939,  451  §  41 ;  revised,  1941,  690  §  1.  (See  1941, 
690  §§  8-10.) 

Sects.  129-139  stricken  out  and  new  sections  129-136A  inserted,  1941, 
690  §  2.     (See  1941,  690  §§  8-10.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  sections  129-136A  as  so  inserted: 

Sect.  129,  third  sentence  amended,  1945,  49  §  1;  section  revised, 
1946,  543  §  1;  sentence  added  at  end,  1947,  131  §  1;  section  revised, 
1948,  450  §  1 ;  third,  fourth  and  fifth  paragraphs  revised,  1954,  567  §  4; 
section  revised,  1955,  770  §  66.  (See  1945,  49  §  2;  1946,  543  §  6;  1947, 
131  §  2;  1948,  450  §  3;  1954,  567  §  10;  1955,  770  §§  117,  123.) 

Sect.  130  revised,  1946,  543  §  2;  1948,  450  §  2;  1955,  770.  §  67. 
(See  1946,  543  §  6;  1948,  450  §  3;  1955,  770  §§  117,  123.) 

Sect.  130A  added,  1955,  770  §  68  (relative  to  the  issuance  of  cer- 
tificates of  termination  by  the  parole  board).  (See  1955,  770  §§  117, 
123.) 

Sect.  132  revised,  1946,  543  §  3;  last  sentence  revised,  1954,  567  §  5; 
repealed,  1955,  770  §  122.  (See  1946,  543  §  6;  1954,  567  §  10;  1955, 
770  §§  117,  123.) 

Sect.  133  amended,  1946,  254;  revised,  1955,  770  §  69.  (See  1955, 
770  §§  117,  123.) 

Sects.  133A  and  133B  added,  1955,  770  §  70  (relative  to  the  parole 
of  certain  prisoners).    (See  1955,  770  §§  117,  123.) 


Chap.  128.]  GENERAL  LaWS.  1115 

Sect.  134  revised,  1946,  543  §  4;  1955,  770  §  71.  (See  1946,  543  §  6; 
1955,  770  §§  117,  123.) 

Sect.  135,  last  sentence  revised,  1954,  567  §  6.    (See  1954,  567  §  10.) 

Sect.  136  revised,  1946,  543  §  5;  amended,  1955,  770  §  73.  (See 
1946,  543  §  6;   1955,  770  §§  117,  123.) 

Sect.  136A  amended,  1951,  33. 

Sect.  141  amended,  1941,  174  §  1;  revised,  1947,  578. 

Sect.  144  amended,  1950,  460. 

Sect.  145  amended,  1953,  319  §  19.    (See  1953,  319  §§  39,  40.) 

Sect.  146  revised,  1932,  221  §  1. 

Sect.  149  amended,  1939,  451  §  51;  revised,  1941,  174  §  2;  amended, 
1941,  690  §  3;  revised,  1946,  424  §  1.  (See  1941,  690  §§  8-10;  1946, 
424  §  2.) 

Sect.  151,  last  sentence  amended,  1932,  180  §  25. 

Sects.  151A-151G  added,  under  the  heading  "interstate  super- 
vision OF  PROBATIONERS  AND  PAROLEES ",  1937,  307  §  1  (providing  for 
the  entry  of  this  commonwealth  into  compacts  with  any  of  the  United 
States  for  mutual  helpfulness  in  relation  to  persons  convicted  of  crimes 
or  offences  who  are  on  probation  or  parole).    (See  1937,  307  §  2.) 

Sect.  152  revised,  1939,  479;  sentence  inserted  after  second  sentence, 
1948,  310  §  21;  second  paragraph  revised,  1951,  42;  1952,  256;  para- 
graph inserted  after  third  paragraph,  1951,  773;  sentence  added  at  end 
of  fourth  paragraph,  1941,  297;  same  sentence  stricken  out,  1945, 
38  §  8;  section  revised,  1954,  567  §  7.  See  1945,  180.  (See  1948,  310 
§§30,31;   1954,  567  §  10.) 

Sect.  153.    See  1945,  180. 

Sect.  154  amended,  1939,  451  §  52;  revised,  1941,  690  §  4;  1954, 
567  §  8.    See  1945,  180.    (See  1941,  690  §§  8-10;  1954,  567  §  10.) 

Sect.  154A  added,  1935,  225  (requiring  consideration  by  the  advisory 
board  of  pardons  of  the  cases  of  certain  life  prisoners  on  the  question  of 
extending  clemency);  amended,  1939,  451  §  53;  1955,  770  §  72.  (See 
1955,  770  §§  117,  123.) 

Sect.  155  revised,  1954,  567  §  9.    (See  1954,  567  §  10.) 

Sect.  158  revised,  1941,  344  §  24;  1955,  770  §  74.  (See  1955,  770 
§§  117,  123.) 

Sect.  159  repealed,  1955,  770  §  122.    (See  1955,  770  §§117,  123.) 

Sect.  160  revised,  1941,  344  §  25;  1943,  433;  last  sentence  stricken 
out,  1945,  512;  section  revised,  1955,  770  §  75.  (See  1955,  770  §§117, 
123.) 

Sect.  162  revised,  1951,  467;  1955,  770  §  76.  (See  1955,  770  §§  117, 
123.) 

Sects.  166-169  added,  1939,  484  (regulating  the  payment  or  receipt 
of  money  or  other  rewards  or  gratuities  for  the  purpose  of  obtaining  the 
granting  of  any  pardon,  parole,  or  commutation  of  or  respite  from 

Sects.  166  and  167  revised,  1941,  690  §  5.    (See    941,  690  §§  8-10.) 

Chapter  128.  —  Agriculture. 

Sect.  1  amended,  1941,  490  §  29. 

Sect.  1A  added,  1952,  386  (defining  "agriculture"  and  "farming"). 

Sect.  2,  paragraph  (a)  revised,  1941,  490  §  30;  paragraph  (/)  amended, 
1937,  415  §  1;  1938,  230;  paragraph  (g)  added,  1933,  291  §  1;  same 
paragraph  repealed,  1941,  598  §3. 


1116  Changes  in  the  [Chap.  128A. 

Sect.  6  amended,  1933,  291  §  2;   1941,  598  §  4. 

Sect.  8A  added,  1943,  495  (relative  to  the  control  or  destruction  of 
certain  rodents  by  the  commissioner  of  agriculture);  amended,  1946, 
366. 

Sect.  10  amended,  1934.  340  §  10.    (See  1934,  340  §  18.) 

Sect.  13  amended,  1934,  340  §  11.    (See  1934,  340  §  18.) 

Sects.  16-31A  affected,  1939,  405. 

Sect.  16  amended,  1941,  490  §  32. 

Sect.  20 A  added,  1953,  91  (relative  to  the  control  of  water  chestnut). 

Sect.  21  revised,  1948,  303  §  1. 

Sect.  22  amended,  1941,  490  §  33;  repealed,  1952,  480  §  2.  (See 
1952,  480  §  3.) 

Sect.  23  amended,  1941,  490  §  34. 

Sect.  24A  added,  1939,  136  (providing  for  the  control  of  the  Dutch 
elm  disease);  repealed,  1949,  761  §  13. 

Sect.  27  revised,  1938,  309;   1948,  303  §  2. 

Sect.  31A  revised,  1943,  144. 

Sects.  32-38  revised,  1951,  506. 

Sect.  39  repealed,  1933,  74  §  2. 

Sect.  42  revised,  1932,  166;  paragraph  added  at  end,  1947,  180.. 

Chapter  128A.  —  Horse  and  Dog  Racing  Meetings. 
New  chapter  inserted,  1934,  374  §  3. 

Sect.  2,  subsection  (5)  amended,  1946,  575  §  1;  subsection  (7) 
amended,  1950,  716. 

Sect.  3,  first  paragraph  revised,  1935,  454  §  2;   1943,  269;  clause  (b) 
revised,  1946,  575  §  2;    clause  (c)  amended,  1941,  382;    clause  (d)  re- 
vised, 1946,  575  §  3;    1953,  663;    clause  (e)  revised,   1939,  505  §  1 
clause  (/)  amended,  1935,  454  §  3;   clause  {h)  amended,  1935,  454  §  4 
clause  (i)  revised,  1939,  505  §  2;    clause  (j)  revised,  1946,  575  §  4 
clause  (n)  added,  1935,  239  (forbidding  the  hcensed  racing  of  horses 
and  dogs  under  the  pari-mutuel  system  of  betting,  on  publicly  owned 
premises);    clause  (n)  added,  1935,  471   §  1   (forbidding  the  hcensed 
racing  of  dogs  under  such  system,  in  certain  residential  neighborhoods); 
designation  of  the  clause  added  by  1935,  471  §  1  changed  from  (n) 
to  (o),  1936,  405  §  3.    (See  1935,  471  §  2;   1939,  505  §  3.) 

Sect.  4,  second  paragraph  amended,  1947,  567;  revised,  1949,  521; 
last  paragraph  revised,  1939,  356. 

Sect.  5,  first  paragraph  revised,  1935,  454  §  1;  paragraph  inserted 
after  first  paragraph,  1946.  252;  second  paragraph,  as  appearing  in 
1934,  374  §  3,  revised,  1936,  351;  1946,  575  §  5;  second  sentence  of 
same  paragraph  amended,  1953,  311  §  1;  third  paragraph,  as  so  ap- 
pearing, revised,  1936,  351;  1939,  473;  first  sentence  of  same  paragraph 
revised,  1946,  381  §  1;  575  §  7;  1949,  294  §  1;  amended,  1953,  311  §  2; 
second  sentence  of  same  paragraph  revised.  1946,  381  §  2;  1949,  294 
§  3;  third  sentence  of  same  paragraph  amended,  1953,  311  §  3;  para- 
graph inserted  after  fourth  paragraph,  1947,  390  §  1;  last  paragraph, 
as  appearing  in  1934,  374  §  3,  amended,  1939,  497;  paragraph  added 
at  end,  1946,  575  §  6;  revised,  1949,  294  §  2.  Temporarily  affected, 
1948,  220;  1949,  294  §  4;  1951,  178;  1953,  246  §  14;  499,  1955,  276. 

Sect.  5A  added,  1946,  445  §  1  (relative  to  the  disposition  of  money 
held  for  payment  of  unclaimed  winnings  upon  wagers  made  at  horse 
and  dog  racing  meetings) .    (See  1946,  445  §  2.) 


Chaps.  128B,  129]  GENERAL   LawS.  1117 

Sect.  9,  last  paragraph  revised,  1935,  454  §  5. 

Sect.  9 A  added,  1935,  454  §  6  (relative  to  rules,  regulations  and  con- 
ditions to  be  prescribed  bv  the  state  racing  commission) . 

Sect.  10  revised,  1936,  268. 

Sect.  13  amended,  1935,  454  §  7. 

Sect.  13A  added,  1935,  454  §  8  (relative  to  the  application  of  certain 
laws  as  to  betting  and  certain  local  requirements  as  to  race  tracks  and 
public  amusements,  in  the  case  of  racing  meetings  under  this  chapter) ; 
revised,  1939,  159;  amended,  1941,  295;  first  paragraph  amended, 
1951,  777  §  2;  paragraph  added  at  end,  1948,  437.    (See  1935,  471  §  2.) 

Sect.  13B  added,  1937,  322  (prohibiting  and  penahzing  the  use  of 
drugs  for  the  purpose  of  affecting  the  speed  of  horses  at  horse  racing 
meetings) . 

Sect.  13C  added,  1950,  111  (penalizing  attempts  to  influence  persons 
connected  with  horse  or  dog  racing  to  affect  the  result  of  a  race). 

Sect.  14  revised,  1935,  279  §  2;  1936,  253  §  2;  amended,  1938,  282; 
revised,  1947,  138  §  2.    (See  1935,  279  §  3;   1936,  253  §  1.) 

Sect.  14A  added,  1935,  279  §  1  (providing  for  the  resubmission  to 
the  voters  of  the  several  counties  of  the  question  of  licensing  dog  races 
at  which  the  pari-mutuel  svstem  of  betting  shall  be  permitted);  re- 
pealed, 1936,  253  §  1.    (See '1935,  279  §  3;   1936,  253  §  1.) 

Sect.  14B  added,  1953,  389  (providing  for  the  submission  to  the 
voters  of  Berkshire  County  of  the  question  of  hcensing  horse  races  at 
county  fairs  at  which  the  pari-mutuel  system  of  betting  shall  be  per- 
mitted). 

Sect.  14C  added,  1955,  406  (providing  for  the  submission  to  the  voters 
of  Hampshire  County  of  the  question  of  licensing  horse  races  at  county 
fairs  at  which  the  pari-mutuel  system  of  betting  shall  be  permitted). 

Sect.  15  revised,  1936,  436  §  2;  1941,  729  §  12;  amended,  1947, 
390  §  2;  revised,  1948,  319;  1955,  540  §  2.  (See  1936,  436  §  4;  1941, 
729  §  15;  1955,  540  §§  5-7.) 

Chapter  128B.  —  Conservation  of  Soil  and  Soil  Resources  and  Prevention 
and  Control  of  Erosion. 

New  chapter  inserted,  1945,  531. 

Sect.  2,  paragraph  (2)  revised,  1947,  73  §  1. 

Sect.  3,  subdivision  5  revised,  1949,  517;    first  paragraph  revised, 
1955,  307  §  1.    (See  1955,  307  §  2.) 
Sect.  5  revised,  1947,  73  §  2;   1954,  244. 

Chapter  129, — Livestock  Disease  Control  (former  title,  Animal  Industry). 

Sect.  1  revised,  1934,  340  §  12;  paragraph  (defining  "Domestic 
animals")  added,  1935,  70.     (See  1934,  340  §  18.) 

Sect.  8A  added,  1941,  375  (establishing  a  scale  of  fees  for  the  inocu- 
lation of  swine  against  hog  cholera). 

Sect.  9  amended,  1943,  332  §  10. 

Sect.  10  amended,  1934,  340  §  13.     (See  1934,  340  §  18.) 

Sect.  14A  added,  1953,  19  §  1  (providing  for  co-operation  with  the 
federal  government  in  the  eradication  of  certain  animal  diseases).  (See 
1953,  19  §  2) ;  section  stricken  out  and  sections  14A  and  14B  inserted, 
1953,  655  §  2  (providing  for  the  eradication  of  certain  animal  diseases). 
(See  1953,  655  §  1.) 


1118  Changes  IN  THE  [Chaps.  129A,  130. 

Sect.  15  revised,  1941,  162. 

Sect.  26A  revised,  1938,  168;  amended,  1941,  173. 

Sect.  29  amended,  1938,  308. 

Sect.  32  amended,  1939,  451  §  54. 

Sect.  33  amended,  1934,  272;   1946,  417;  revised,  1952,  519. 

Sect.  33B  revised,  1934,  96;   1954,  647  §  1.    (See  1954,  647  §  4.) 

Sect.  36A  added,  1935,  426  (providing  for  the  licensing  of  certain 
dealers  in  bovine  animals);   repealed,  1941,  607  §  2. 

Sect.  36B  added,  1938,  314  (providing  for  the  vaccination  of  certain 
cattle  to  curtail  the  spread  of  Bang's  disease,  so  called) ;  revised,  1943, 
56;  1952,  518;  1954,  647  §  2. 

Sect.  36C  added,  1938,  386  (regulating  the  transportation  of  neat 
cattle);  repealed,  1941,  607  §  2. 

^  Sects.  36D  and  36E  added,  1954,  647  §  3  (prohibiting  the  importa- 
tion or  transportation  of  certain  cattle  unless  tested  and  vaccinated 
for  brucellosis).     (See  1954,  647  §  4.) 

Sect.  38  revised,  1934,  340  §  14.     (See  1934,  340  §  18.) 

Sects.  39-43  added,  1941,  607  §  1  (to  further  regulate  the  dealing 
in  and  transportation  of  bovine  animals  and  to  prevent  the  spread 
of  disease  among  such  animals). 

Sect.  40  revised,  1946,  416  §  1. 

Sect.  43  revised,  1946,  416  §  2. 

Chapter   129A.  —  Marine   Fish   and   Fisheries,    Inland   Fish   and   Fisheries, 
Birds  and  Mammals,  General  Provisions. 

New  chapter  inserted,  1933,  329  §  1. 

Sect.  1,  definition  of  "Warden"  revised,  1937,  413  §  2;  definitions 
of  "Coastal  Warden",  "Deputy  Coastal  Warden"  and  "Supervisor", 
revised,  1939,  491  §  11.     (See  1937,  413  §§  3,  4;  1939,  491  §  12.) 

Sect.  10,  sentence  added  at  end,  1941,  171. 

Chapter  129A  repealed  in  part,  1941,  598  §  7;  entirely  repealed,  1941, 
599  §  1.     (See  1941,  598  §  9,  599  §  7.^ 

Chapter  130.  —  Marine  Fish  and  Fisheries  (former  title,  Marine  Fish  and 
Fisheries,  including  Crustacea  and  Shellfish). 

Chapter  stricken  out,  and  new  chapter  130  (with  new  title)  inserted,  1933, 
329  §  2. 

Chapter  stricken  out,  and  new  chapter  130  (with  new  title)  inserted,  1941, 
598  §  1.     (See  1941,  598  §  9.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  130  a^  so  inserted: 

Sect.  1,  definition  of  "Fish"  amended,  1945,  98  §  1;  last  paragraph 
revised,  1945,  98  §  2. 

Sect.  2,  second  paragraph  revised,  1949,  566  §  1;    amended,  1950, 
628  §  1;  revised,  1951,  360;  last  paragraph  revised,  1945,  98  §  3. 
itf.  Sect.  13,  third  paragraph  revised,  1949,  566  §  2. 

Sect.  15A  added,  1945,  281  (providing  for  reciprocal  enforcement  of 
laws  relating  to  marine  fisheries) . 

Sect.  20,  two  paragraphs  added  at  end,  1948,  430  §  1.  (See  1948, 
430  §§  2,  3.) 


Chap.  131.]  GENERAL  LaWS.  1119 

Sect.  22  revised,  1952,  501  §  1. 

Sect.  31  amended,  1945,  98  §  4. 

Sect.  33  amended,  1945,  98  §  5. 

Sect.  37,  paragraph  contained  in  lines  10  and  11  amended,  1943, 
149;  same  paragraph  revised,  1943,  533  §  1;  1948.  76  §  1.  (See  1943, 
533  §  2.) 

Sect.  40  revised,  1951,  194;   amended,  1954,  248. 

Sect.  42,  last  sentence  amended,  1945,  242  §  15. 

Sect.  43,  second  and  third  sentences  revised,  1949,  566  §  3;  last 
sentence  amended,  1945,  242  §  16. 

Sect.  44  revised,  1950,  423  §  1,  628  §  2;  1951,  408  §  1;  1953,  156. 
(See  1951,  408  §  2.) 

Sect.  55  amended,  1951,  281;  1952,  182. 

Sect.  69  amended,  1945,  98  §  6. 

Sect.  74,  first  paragraph  amended,  1948,  463;  sentence  added  at 
end,  1945,  99  §  1;  section  revised,  1954,  243  §  1.    (See  1954,  243  §  2.) 

Sect.  76,  paragraph  inserted  after  third  paragraph,  1948,  365. 

Sect.  80,  third  paragraph  amended,  1945,  98  §  7. 

Sect.  81,  first  sentence  amended  and  sentence  inserted  after  first 
sentence,  1955,  711;  sentence  added  at  end,  1945,  99  §  2. 

Sect.  82,  sentence  added  at  end,  1945,  99  §  3. 

Sect.  87  amended,  1954,  186. 

Sect.  96  revised,  1954,  167. 

Sect.  100  amended,  1945,  264  §  1. 

Sects.  lOOA  and  lOOB  added,  1945,  264  §  2  (making  permanent  the 
law  protecting  striped  bass).  For  prior  temporary  legislation  see  1941, 
421. 

Sect.  lOOB  revised,  1947,  515. 

Chapter  131.  —  Powers  and  Duties  of  the  Division  of  Fisheries  and  Game 
(former  title,  Game  and  Inland  Fisheries). 

Chapter  stricken  out,  and  new  chapter  131  (with  new  title)  inserted,  1941, 
599  §  2.     (See  1941,  599  §§  5-7.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  131  as  so  inserted: 

Sect.  1,  definition  of  "Birds"  revised,  1941,  663  §  1;  definition  of 
"Coastal  waters"  inserted,  1954,  92;  definition  of  "Green  pelt"  in- 
serted, 1948,  615  §  1;  definition  of  "Loaded  shotgun  or  rifle"  inserted, 
1945,  83;  definition  of  "Mammals"  revised,  1941,  663  §  2;  definition 
of  "Trap"  inserted,  1948,  615  §  2;  revised,  1950,  136.  (See  1941, 
663  §  3.) 

Sect.  3A  added,  1945,  548  §  1  (estabhshing  the  inland  fisheries  and 
game  fund).     (See  1945,  548  §  3.) 

Sect.  5  amended,  1947,  245  §  1;  paragraph  added  at  end,  1947, 
245  §  2. 

Sect.  6  revised,  1948,  302  §  1;  first  sentence  amended,  1949,  545; 
fourth  sentence  stricken  out,  1955,  209;  next  to  last  sentence  revised, 
1953,  218  §  1.    (See  1953,  218  §  2.) 

Sect.  7  revised,  1954,  457  §  1.    (See  1954,  457  §  2.) 

Sect.  8,  last  paragraph  of  clause  (1)  revised,  1943,  265;  amended, 
1950,  233;  section  revised,  1951,  405  §  1;  eighth  paragraph  of  clause  (1) 


1120  Changes  in  the  [Chap.  131. 

revised,  1952,  454  §  1;  sixth  paragraph  of  clause  (2)  revised,  1952, 
305  §  1.    (See  1951,  405  §  2;  1952,  454  §  2,  305  §  2.) 

Sect.  8A  added,  1949,  516  (authorizing  the  granting  of  fishing  Ucenses 
to  certain  aliens) ;  revised,  1955,  292. 

Sect.  14,  paragraph  inserted  after  fifth  paragraph,  1948,  400;  same 
paragraph  revised,  1951,  399;  paragraph  contained  in  lines  65-73 
amended,  1943,  216  §  1;  paragraph  contained  in  lines  74-86  amended, 
1943,  216  §  2. 

Sect.  16  revised,  1947,  193;  first  sentence  revised,  1954,  88;  two 
sentences  added  at  end,  1948,  302  §  2;   next  to  last  sentence  revised, 

1950,  259. 

Sect.  16A  added,  1955,  647  (relative  to  the  revocation  of  hunting, 
fishing  and  trapping  licenses). 

Sect.  25  revised,  1951,  535. 

Sect.  26,  sentence  added  at  end,  1948,  443. 

Sect.  28  revised,  1952,  501  §  2. 

Sect.  34  revised,  1945,  693  §  2. 

Sect.  40A  added,  1946,  79  (penalizing  the  use  of  artificial  bait  in 
ice  fishing  elsewhere  than  in  the  Connecticut  river);  repealed,  1953, 
224. 

Sect.  45,  table  amended,  1948,  109  §  1;  revised,  1952,  378  §  1;  next 
to  last  paragraph  amended,  1948,  109  §  2;  1952,  378  §  2;  section  re- 
vised, 1953,  478  §  1.    (See  1953,  478  §  2.) 

Sect.  45A  added,  1954,  99  (regulating  the  taking  of  trout  in  coastal 
waters) . 

Sect.  48  amended,  1948,  110;   first  sentence  revised,  1948,  343. 

Sect.  53  amended,  1947,  172. 

Sect.  53A  added,  1948,  249  (providing  for  a  close  season  on  all  birds 
and  mammals  during  certain  periods) ;  revised,  1950,  234. 

Sect.  57  revised,  1953,  21. 

Sect.  61A  added,  1945,  232  (protecting  the  wood  duck);   repealed, 

1951,  217. 
Sect.  64  revised,  1953,  481  §  1.     (See  1953,  481  §  2.) 
Sect.  65  amended,  1951,  254;    sentence  added  at  end,  1952,  171; 

section  revised,  1953,  481  §  1.    (See  1953,  481  §  2.) 

Sect.  68  amended,  1943,  90;  revised,  1948,  615  §  3;  1949,  758  §  1; 
first  sentence  revised,  1951,  294  §  1;  clause  (6)  revised,  1950,  107; 
1951,  294  §  2;  clause  (c)  revised,  1951,  294  §  3;  clause  (k)  amended, 
1951,  294  §  4;  clause  (I)  amended,  1950,  138;  section  revised,  1953, 
482  §  1.    (See  1953,  482  §  2.) 

Sect.  68A  added,  1948,  615  §  4  (relative  to  the  registration  and 
identification  of  animal  traps) ;  revised,  1949,  758  §  2. 

Sect.  70  amended,  1948,  615  §  5. 

Sect.  72  repealed,  1949,  758  §  3. 

Sect.  76  repealed,  1949,  758  §  3. 

Sect.  78,  first  sentence  amended,  1947,  275;  first  paragraph  revised, 
1949,  304. 

Sect.  78  stricken  out  and  sections  78-78F  inserted,  1950,  438  (further 
regulating  the  taking  and  hunting  of  birds  and  mammals) . 

Sect.  79  revised,  1949,  282. 

Sect.  80  revised,  1953,  480  §  1.    (See  1953,  480  §  2.) 

Sect.  80A  added,  1953,  241  §  1  (requiring  the  tagging  of  deer 
taken).     (See  1953,  241  §  2.) 


Chap.  132.]  GENERAL  LawS.  1121 

Sect.  81  revised,  1952,  284. 

Sect.  82,  sentence  added  at  end,  1953,  115. 

Sect.  83,  paragraph  added  at  end,  1949,  751;  section  revised,  1955, 
509. 

Sects.  85A-85C  added,  1951,  353  (relative  to  the  use  of  firearms). 

Sect.  89  amended,  1947,  3G3. 

Sect.  97  repealed,  1945,  12. 

Sect.  97A  added,  1943,  463  (relative  to  the  disposition  by  counties 
of  revenue  received  from  the  federal  government  by  reason  of  federal 
wildlife  refuges  situated  therein) ;  repealed,  1945,  12. 

Sect.  101  revised,  1943,  100. 

Sect.  lOlA  added,  1946,  334  (penalizing  the  use  of  certain  firearms 
for  hunting  purposes). 

Sect.  103,  paragraph  (2)  amended,  1946,  333;  tenth  paragraph 
revised,  1951,  429. 

Sect.  105A  added,  1950,  424  (relative  to  the  breeding  and  raising 
of  mink). 

Sect.  107,  next  to  last  paragraph  revised,  1948,  327. 

Sect.  Ill,  paragraph  added  at  end,  1946,  412;  section  revised,  1947, 
397;  first  sentence  revised,  1952,  349. 

Sect.  112,  last  sentence  revised,  1950,  235;  sentence  added  at  end, 
1955,  524  §  1. 

Sect.  112A  added,  1955,  524  §  2  (authorizing  the  director  of  the 
division  of  fisheries  and  game  to  issue  permits  to  certain  licensed  or- 
ganizations to  shoot  game  birds  at  certain  field  trials  without  licenses). 

Sect.  117A  added,  1949,  507  (relative  to  the  draining  of  certain 
ponds,  reservoirs  and  other  bodies  of  water). 

Chapter  132.  —  Forestry. 

For  temporary  legislation  relative  to  suppression  of  the  gypsy  moth, 
see  1952,  622. 

Sect.  1  amended,  1937,  415  §  2;    1941,  490  §  36;    1947,  344  §  26; 

1948,  660  §  2.    (See  1948,  660  §  26.) 

Sect.  1A  added,  1948,  660  §  3  (relative  to  the  duties  of  the  chief 
moth  superintendent);  amended,  1949,  761  §  1. 
Sect.  4  revised,  1948,  660  §  4;  amended,  1949,  761  §  2. 
Sect.  5  repealed,  1932,  180  §  27. 
Sect.  6  revised,  1941,  455;  amended,  1952,  363. 
Sect.  8  revised,  1948,  660  §  5;   1949,  761  §  3. 
Sect  9  revised   1952  308  4  1. 
Sect.  11  revised,  1937,  415  §  3-  1948,  660  §  6;  first  sentence  amended, 

1949,  761  §  4;   1950,  422;   1955,  340. 

Sect.  IIA  added,  1952,  480  §  1  (relative  to  elimination  of  white  pine 
blister  rust  by  department  of  conservation).      (See  1952,  480  §  3.) 

Sect.  12  amended,  1937,  415  §  4:  revised,  1948.  660  §  7. 

Sect.  12A  added,  1945,  401  (relative  to  suppression  of  gypsy  moths, 
etc.,  on  land  of  the  commonwealth);  revised,  1948,  660  §  8;  1949, 
761  §  5. 

Sect.  13  revised,  1935,  87;  amended,  1937,  415  §  5;  revised,  1948, 
660  §  9;  last  sentence  stricken  out  and  two  sentences  inserted,  1949, 
761  §  6;  last  sentence  revised,  1950,  694  §  1. 

Sect.  14  revised,  1937,  415  §  6;  revised,  1948,  660  §  10;  third  para- 


1122  Changes  in  the  (Chap.  132A. 

graph  revised,  1949,  761  §  7;  amended,  1950,  694  §  2;  revised,  1951, 
488;  sixth  paragraph  revised,  1949,  761  §  8. 

Sect.  15  revised,  1948,  660  §  11. 

Sect.  16  revised,  1948,  600  §  12. 

Sect.  17  amended,  1937,  415  §  6A;  last  sentence  revised,  1946, 
432  §  10;  sectioD  revised,  1948,  660  §  13. 

Sect.  18  amended,  1937,  415  §  6B;  revised,  1948,  660  §  14. 

Sect.  18A  added,  1949,  174  (authorizing  municipahties  to  form  dis- 
tricts and  pool  expenditures  for  the  suppression  of  certain  insect  pests) ; 
first  paragraph  revised,  1952,  489  §  1. 

Sect.  18B  added,  1949,  211  (authorizing  counties  to  engage  in  the 
work  of  suppression  of  certain  insect  pests) ;  revised,  1952,  489  §  2. 

Sect.  19  revised,  1948,  660  §  15. 

Sect.  22  amended,  1937,  415  §  7;  revised,  1948,  660  §  16. 

Sect.  23  revised,  1948,  660  §  17. 

Sect.  24  revised,  1948,  660  §  18. 

Sect.  25  revised,  1937,  415  §  8;  1948,  660  §  19;  amended,  1949, 
761  §  9. 

Sect.  26  amended,  1937,  415  §  9;  revised,  1948,  660  §  20;  sentence 
added  at  end,  1954,  118. 

Sects.  26A-26D  added,  1949,  761  §  10  (relative  to  the  eradication  of 
the  Dutch  elm  disease). 

Sect.  26C  amended,  1950,  694  §  3. 

Sect.  26D  revised,  1952,  489  §  3. 

Sect.  27  amended,  1937,  415  §  10;  revised,  1948,  660  §  21. 

Sect.  28  amended,  1937,  415  §  11;  revised,  1948,  660  §  22. 

Sect.  29  repealed,  1948,  660  §  23. 

Sect.  30,  last  sentence  revised,  1945,  514. 

Sect.  33  amended,  1935,  373;  1936,  415  §  1.    (See  1936,  415  §  3.) 

Sect.  34,  new  paragraph  added  at  end,  1935,  233. 

Sect.  34A,  first  paragraph  revised,  1950,  574;  paragraph  added  at 
end,  1947,  366. 

Sect.  35  amended,  1952,  308  §  2. 

Sect.  36  revised,  1936,  415  §  2.    (See  1936,  415  §  3.) 

Sect.  36A  added,  1945,  27  (relative  to  the  acquisition  by  prescrip- 
tion or  adverse  possession  of  title  to  lands  of  the  commonwealth  under 
control  of  the  department  of  conservation) . 

Sects.  40-45  added,  under  caption  "forest  cutting  practices", 
1943,  539. 

Sects.  42,  43  and  44  revised,  1952,  427. 

Chapter  1.32A.  —  State  Recreation  Areas  outside  of  the  Metropolitan  Parks 
District  (former  title,  State  Parks  and  Reservations  outside  of  the 
Metropolitan  Parks  District). 

Sect.  1  amended,  1954,  419  §  2.    (See  1954,  419  §  6.) 
Sect.  2  amended,  1941,  490  §  37;  1954,  419  §  3.    (See  1954,  419  §  6.) 
Sect.  3,  first  sentence  revised,  1955,  672. 
Sect.  4  amended,  1954,  419  §  4.    (See  1954,  419  §  6.) 
Sect.  5  amended,  1946,  432  §  11. 
Sect.  7  revised,  1941,  722  §  11. 
Sect.  9  amended,  1933,  75  §  4. 

Sect.  10  added,  1954,  419  §  5  (estabhshing  the  State  Recreation 
Areas  Fund).    (See  1954,  419  §  6.) 


Chaps.  135-138.]  GENERAL  LawS.  1123 


Chapter  135.  —  Unclaimed  and  Abandoned  Property. 

Sect.  1  revised,  1947,  441  §  1. 
Sects.  2-4  repealed,  1947,  441  §  2. 
Sect.  8  amended,  1938,  98  §  1- 
Sect.  9  amended,  1938,  98  §  3. 
Sect.  11  amended,  1938,  98  §  2. 

Chapter  136.  —  Observance  of  the  Lord's  Day. 

Sect.  2  amended,  1933,  150  §  1;  1934,  63;  1935,  78;  1946,  207  §  1; 
1955,  255  §  1. 

Sect  3  revised   1955  255  5  2 

Sect.  4  amended,  1945,  575;  revised,  1953,  596;  1954,  303;  sentence 
added  at  end,  1955,  742. 

Sect.  4A  added,  1933,  150  §  2  (relative  to  the  licensing  of  certain 
enterprises  to  be  held  on  the  Lord's  day  at  amusement  parks  and  beach 
resorts);  revised,  1933,  309  §  1;  sentence  added  at  end,  1946,  207  §  2. 
(See  1933,  309  §  2.) 

Sect.  4B  added,  1946,  207  §  3  (relative  to  the  licensed  operation 
on  the  Lord's  Day  of  bowling  alleys). 

Sect.  6,  second  and  third  paragraphs  amended,  1934,  328  §  7;  fourth 
paragraph  amended,  1932,  96 ;  1934,  354 ;  paragraph  added  at  end,  1933, 
150  §  3;  section  revised,  1934,  373  §  6;  second  paragraph  amended, 
1955,  304;  third  paragraph  amended,  1936,  129;  1937,  286;  1950,  256 
§  1;  fourth  paragraph  amended,  1938,  143;  same  paragraph  revised, 
1943,  473;  1950,  681;  1951,  504;  1954,  217;  last  paragraph  revised, 
1946,  207  §  4;  paragraph  added  at  end,  1949,  190;   1950,  322. 

Sect.  7  amended,  1934,  328  §  8;  revised,  1934,  373  §  7. 

Sect.  8  amended,  1937,  124. 

Sect.  9  amended,  1953,  108. 

Sect.  13  amended,  1932,  105. 

Sect.  17,  sentence  added  at  end,  1933,  150  §  4;  section  amended, 
1934,  55;  revised,  1938,  60;  last  sentence  revised,  1955,  524  §  3. 

Sect.  19  repealed,  1950,  256  §  2. 

Sect.  21  revised,  1935,  104,  109;  1946,  318  §  1;  amended,  1948,  119; 
revised,  1951,  32;    1954,  132.     (See  1946,  318  §  1.) 

Sect.  22.     See  1933,  136;   1935,  49. 

Chapter    138.  —  Alcoholic    Liquors    (Old    Title,    Intoxicating    Liquors    and 
Certain  Non-Intoxicating  Beverages). 

Chapter  stricken  out,  and  new  chapter  138  inserted,  1933,  376  §  2. 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  138  as  so  inserted: 

Sect.  1,  new  paragraph  (definition  of  "Alcohol")  added,  1935,  440 
§  1;  definition  of  "Restaurant"  amended,  1936,  368  §  1;  eighth  para- 
graph (definition  of  "Club")  revised,  1934,  385  §  1;  definition  of 
"Tavern"  amended,  1934,  121  §  1;  1935,  253  §  1;  definition  of  "Wines" 
revised,  1941,  637  §  1.    (See  1941,  637  §  3.) 

Sect.  2  revised,  1934,  305,  372  §  4;  1935,  440  §  2;  first  sentence 
revised,  1939,  470  §  1;   1943,  542  §  1. 


1124  Changes  in  the  [Chap.  138. 

Sect.  3  amended,  1935,  440  §  3. 

Sect.  4  amended,  1934,  385  §  2. 

Sect.  7  amended,  1935,  440  §  4. 

Sect.  10  amended,  1935,  440  §  5. 

Sect.  lOA  revised,  1943,  542  §  2. 

Sect.  lOB  added,  1934,  370  §  11  (authorizing  the  alcohoHc  beverages 
control  commission  to  remove  a  member  of  a  local  licensing  board 
under  certain  conditions). 

Sect.  11  revised,  1936,  207  §  1;   1947,  138  §  3.    (See  1935,  281.) 

Sect.  11  A,  first  paragraph  amended,  1934,  142  §  1;  paragraph  in- 
serted, 1934,  142  §  2;  paragraph  added  at  end,  1934,  142  §  3;  section 
revised,  1934,  211  §  1;  last  paragraph  stricken  out,  1935,  440  §  6;  sec- 
tion revised,  1951,  208.    (See  1934,  142  §  4,  211  §  2.) 

Sect.  12,  first  paragraph  amended,  1934,  121  §  2;  last  sentence  of 
first  paragraph  revised,  1934,  370  §  1 ;  second  paragraph  amended,  1934, 

121  §  2;  sentence  contained  in  lines  42-53  revised,  1934,  370  §  2;  section 
revised,  1934,  385  §  3;  first  paragraph  amended,  1935,  253  §  2;  revised, 
1935,  440  §  7;  new  paragraph  inserted  after  first  paragraph,  1935,  253 
§  3;  proviso  contained  in  lines  46-48  stricken  out,  1935,  253  §  4;  third 
paragraph  revised,  1935,  440  §  8;  next  to  last  paragraph  stricken  out, 

1935,  440  §  9;  section  revised,  1935,  468  §  1;  first  paragraph  amended, 

1936,  207  §  2;  second  sentence  of  first  paragraph  amended,  1949,  391; 
last  sentence  of  first  paragraph  revised,  1937,  331;  1943,  542  §  3; 
second  paragraph  revised,  1936,  368  §  2;  amended,  1943,  542  §  4;  para- 
graph inserted  after  third  paragraph,  1948,  649;  sixth  paragraph 
amended,  1955,  336;  paragraph  added  at  end,  1937,  264.  (See  1943, 
542  §  20.) 

Sect.  12A  added,  1950,  372  (relative  to  the  renewal  of  licenses  to  sell 
liquor  in  restaurants). 

Sect.  13,  last  two  sentences  stricken  out,  1934,  385  §  4;  section  re- 
vised, 1935,  440  §  10. 

Sect.  14  amended,  1934,  370  §  3;  paragraph  added  at  end,  1935, 
440  §  11. 

Sect.  15,  first  paragraph  amended,  1934,  385  §  5;  revised,  1935, 
440  §  12;  last  paragraph  revised,  1934,  370  §  4;  last  sentence  revised, 
1936,  225  §  1;  second  paragraph  revised,  1938,  353. 

Sect.  15A  added,  1934,  370  §  5  (relative  to  the  publication  of  appli- 
cations for  original  licenses);  revised,  1935,  440  §  13;  1939,  414; 
amended,  1943,  542  §  5. 

Sect.  16  revised,  1936,  368  §  3. 

Sect.  16A  revised,  1934,  385  §  6;  1937,  424  §  1. 

Sect.  16B  revised,  1935,  440  §  14;  paragraph  added  at  end,  1937, 
291;  section  revised,  1937,  424  §  2;  second  paragraph  revised,  1939,  92; 
section  amended,  1943,  542  §  6. 

Sect.  16C  added,  1954,  569  §  1  (limiting  licenses  for  the  sale  of  alco- 
hohc  beverages  near  schools  and  churches).     (See  1954,  569  §§  2,  3.) 

Sect.  17,  second  proviso  of  first  paragraph  amended,  1934,  385  §  7; 
first  paragraph  amended,  1935,  81;  last  paragraph  revised,  1934,  83; 
section  revised,  1935,  440  §  15;  first  paragraph  amended,  1936,  136, 
245;  1937,  14  §  1;  second  paragraph  revised,  1936,  199;  paragraph 
added  after  the  second  paragraph,  1936,  368  §  4;  section  revised,  1937, 
424  §  3;  paragraph  in  fines  77-105  amended,  1946,  305;  1953,  310; 
paragraph  in  lines  106-118  revised,  1939,  263;  paragraph  in  fines  119- 

122  revised,  1941,  522;  same  paragraph  amended,  1945,  666;  revised, 


Chap.  138.]  GENERAL   LaWS.  1125 

1950,  222;    1951,  145;   paragraph  added  at  end,  1952,  197  §  1.     (See 

1937,  14  §  2;   1952,  197  §  2.) 

Sect.  18,  first  paragraph  revised,  1935,  440  §  16;  first  sentence  re- 
vised, 1943,  542  §  7;  two  paragraphs  added,  1934,  385  §  8;  paragraph 
added  at  end,  1943,  542  §  8. 

Sect.  18A  added,  under  caption  "selling  agents  of  foreign  im- 
porters AND  manufacturers",  1934,  312;  first  paragraph  revised, 
1935,  440  §  17. 

Sect.  18B  added,  1943,  542  §  9  (relative  to  the  issuance  of  certificates 
of  compHance  to  persons  Hcensed  outside  the  commonwealth  to  export 
and  sell  alcoholic  beverages  to  licensees  under  this  chapter). 

Sect.  19,  first  paragraph  revised,  1935,  440  §  18;  second  paragraph 
amended,  1934,  385  §  9;  last  paragraph  amended,  1934,  385  §  10;  1935, 
440  §  19;  paragraph  added  at  end,  1936,  368  §  5. 

Sect.  19A  added,  1934,  385  §  11  (relative  to  the  licensing  of  sales- 
men for  manufacturers  and  for  wholesalers  and  importers) ;  revised, 
1935,  440  §  20. 

Sect.  20  revised,  1934,  385  §  12;  first  paragraph  amended,  1936, 
368  §  6;  paragraph  inserted,  1936,  368  §  7;  section  revised,  1943,  542 
§  10. 

Sect.  20A  added,  1937,  424  §  4  (relative  to  granting  permits  to  pub- 
lic warehousemen  to  store  and  warehouse  alcoholic  beverages) ;  amended, 
1953,  654  §  95. 

Sect.  21  revised,  1934,  385  §  13;  first  paragraph  amended,  1935, 
440  §  21;  first  six  paragraphs  revised,  1936,  411  §  1;  1939,  367  §  1; 
first  paragraph  (as  appearing  in  1939,  367  §  1)  amended,  1943,  542  §  11; 
third  paragraph  (as  so  appearing)  stricken  out  and  two  new  paragraphs 
inserted,  1941,  637  §  2;  sixth  paragraph  (as  so  appearing)  revised,  1943, 
36;  first  seven  paragraphs  stricken  out  and  eight  paragraphs  inserted, 
1947,  625  §  1;  next  to  the  last  paragraph  (as  appearing  in  1934,  385 
§  13)  amended,  1936,  368  §  8;  last  paragraph  (as  so  appearing)  revised, 
1939,  451  §  55;  paragraph  added  at  end,  1939,  394;  same  paragraph 
stricken  out  and  two  paragraphs  inserted,  1947,  524;  section  amended, 
1953,  654  §  96;  revised,  1954,  402;  amended,  1955,  421  §  1;  sentence 
added  at  end,  1955,  421  §  2.  [For  prior  temporary  additional  excise, 
1939,  434;  1941,  339;  1943,  423;  1945,  546.  Additional  excise,  1945, 
731  §  11;  1953,  246  §  11.]  (See  1936,  411  §  2;  1939,  367  §  2;  1941, 
637  §3;   1947,625  §§3,4.) 

Sect.  22  revised,  1934,  385  §  14;  1935,  440  §  22;  fourth  and  fifth 
paragraphs  stricken  out  and  new  paragraph  inserted,  1937,  418. 

Sect.  22A  added,  1934,  385  §  15  (providing  for  the  granting  bj^  the 
alcoholic  beverages  control  commission  in  certain  cases  of  permits  to 
sell  alcoholic  beverages);  sentence  added  at  end,  1955,  322. 

Sect.  23,  sentence  added  at  end  of  fourth  paragraph,  1934,  370  §  6; 
last  paragraph  amended,  1934,  245;  section  revised,  1934,  385  §  16; 
fifth  paragraph  amended,  1935,  253  §  5;  last  four  paragraphs  stricken 
out,  and  five  new  paragraphs  inserted,  1935,  440  §  23;  second  of  the 
paragraphs  so  inserted  revised,  1941,  578;    fourth  paragraph  revised, 

1938,  238;  sentence  added  at  end  of  next  to  last  paragraph,  1939, 
470  §  2;  section  revised,  1943,  542  §  12;  paragraph  added  at  end, 
1955,  652. 

Sect.  23A  added,  1945,  215  (authorizing  the  Alcoholic  Beverages 
Control  Commission  to  take  action  to  eliminate  unfair  competition  and 
other  trade  abuses  in  the  sale  of  alcoholic  beverages) ;  revised,  1950,  780. 


1126  Changes  in  the  [Chap.  138. 

Sect.  23B  added,  1955,  382  (permitting  holders  of  alcoholic  beverages 
licenses  to  retain  said  licenses  when  the  licensed  premises  have  been 
taken  by  public  necessity). 

Sect.  24,  first  sentence  amended,  1934,  232;  section  revised,  1943, 
542  §  13;   first  sentence  revised,  1952,  426. 

Sects.  25A,  25B  added,  1946,  304  (prohibiting  discrimination  be- 
tween licensees  authorized  to  sell  alcoholic  beverages  by  eliminating 
the  practice  of  granting  special  inducements  to  favored  licensees) . 

Sect.  25B,  paragraph  (e)  revised,  1950,  261. 

Sect.  25C  added,  1952,  385,  567  §  1  (relative  to  the  elimination  of 
certain  trade  abuses).     (See  1952,  567  §  2.) 

Sect.  26,  first  paragraph  amended,  1935,  440  §  24. 

Sect.  27  revised,  1934,  301  §  1;  amended,  1934,  385  §  23;  revised 
1935,  442;  amended,  1936,  436  §  3;  revised,  1936,  438;  1941,  729  §  13 
1947,  625  §  2;  first  sentence  revised,  1955,  540  §  3.  (See  1936,  436  §  4 
1941,  729  §  15;  1947,  625  §  4;  1955,  540  §§  5,  6,  7.) 

Sect.  28  amended,  1934,  112. 

Sect.  29  revised,  1935,  440  §  25. 

Sect.  30  amended,  1935,  83  §  1;   1943,  542  §  14.     (See  1935,  83  §  2.) 

Sect.  30A  revised,  1934,  370  §  7;    1935,  440  §  26. 

Sect.  30B  amended,  1935,  440  §  27;  paragraph  added  at  end,  1936, 
368  §  9. 

Sect.  30D  amended,  1935,  440  §  28. 

Sect.  30E,  first  paragraph  amended,  1935,  440  §  29. 

Sect.  30F  revised.  1935,  440  §  30. 

Sect.  30G  amended,  1935,  440  §  31. 

Sect.  30H  added,  1935,  440  §  32  (possession  or  transportation  of 
alcoholic  beverages  or  alcohol  under  certain  circumstances  deemed 
prima  facie  evidence  of  violation  of  law). 

Sect.  31  amended,  1935,  440  §  33;  revised,  1936,  368  §  10 

Sect.  32  amended,  1934,  370  §  8. 

Sect.  33  revised,  1934,  370  §  9;  amended,  1935,  468  §  2;  last  sentence 
revised,  1936,  225  §  2;  section  amended,  1937,  268;    1941,  356. 

Sect.  34  amended,  1935,  440  §  34;  revised,  1936,  171;  1937,  424  §  5; 
amended,  1943,  542  §  15. 

Sect,  34A  added,  1935,  146  (relative  to  procuring  by  false  repre- 
sentation sales  or  delivery  of  alcoholic  beverages  to  minors);  revised, 
1935,  440  §  35. 

Sect.  36  amended,  1934,  385  §  17. 

Sect.  37  revised,  1934,  385  §  18. 

Sect.  38  amended,  1941,  199. 

Sects.  42-55  affected,  1935,  440  §  36. 

Sect.  42,  paragraph  added  at  end,  1935,  440  §  36. 

Sect.  46  amended,  1934,  370  §  10;   1935,  440  §  37. 

Sect.  56  revised,  1935,  440  §  38;   1936,  368  §  11. 

Sect.  57  revised,  1936,  368  §  12. 

Sect.  62  amended,  1935,  440  §  39. 

Sect.  63,  first  sentence  revised,  1934,  385  §  19;  section  revised,  1935, 
440  §  40:   1936,  368  §  13. 

Sect.  63A  revised,  1935,  440  §  41 ;   1943,  542  §  16. 

Sect.  64  revised,  1934,  385  §  20. 

Sect.  65  revised,  1943,  542  §  17. 

Sect.  67  amended,  1934,  385  §  21;  revised,  1935,  440  §  42;  amended, 


Chaps.  139,  140.]  GENERAL  LaWS.  1127 

1938,  400;  first  paragraph  amended,  1943,  542  §  18;  section  revised, 
1953,  672;  last  two  paragraphs  stricken  out  and  three  paragraphs  in- 
serted, 1954,  574;  paragraph  inserted  after  fifth  paragraph,  1955,  461. 

Sect.  70  revised,  1934,  301  §  2;   1945,  598. 

Sect.  71  amended,  1953,  654  §  97. 

Sects.  72-75  repealed,  1934,  372  §  1. 

Sect.  76  revised,  1934,  372  §  2;  next  to  last  sentence  revised,  1934, 
385  §  22;  section  revised,  1935,  440  §  43. 

Sect.  77  revised,  1943,  542  §  19. 

Chapter  139.  —  Common  Nuisances. 

Sect.  2,  sentence  added  at  end,  1945,  697  §  5. 

Sect.  14,  caption  amended,  1934,  328  §  9;  section  amended,  1934, 
328  §  10. 

Sect.  16  amended,  1934,  328  §  11. 

Sect.  16A  amended,  1934,  328  §  12. 

Sect.  17  repealed,  1934,  328  §  13. 

Sect.  19  amended,  1934,  328  §  14. 

Sect.  20  amended,  1934,  328  §  15;  1948,  132. 

Chapter  140.  —  Licenses. 

Sect.  4  amended,  1934,  171  §  1. 

Sect.  6  amended,  1937,  424  §  6;  revised,  1941,  439  §  1. 

Sect.  6A  added,  1937,  424  §  7  (providing  for  the  granting  of  com- 
mon victuallers'  licenses  and  licenses  to  sell  alcoholic  beverages  upon 
condition  that  licensed  premises  are  equipped  and  furnished  accord- 
ing to  plans  and  estimates  approved  in  advance) ;  repealed,  1941,  439 
§2. 

Sect.  8  amended,  1936,  368  §  14;  revised,  1943,  328. 

Sect.  9A  added,  1939,  431  (relative  to  the  keeping  of  the  premises  of 
common  victuallers  open  for  business) . 

Sect.  10  amended,  1935,  167. 

Sect.  12  revised,  1932,  86;   1933,  92;   1943,  31. 

Sects.  21E  and  21F  added,  under  caption  "organizations  dis- 
pensing   FOOD   OR   beverages   TO    MEMBERS   AND    GUESTS ",    1933,    284 

(providing  for  the  regulation  of  such  organizations) . 

Sect.  21E,  last  sentence  revised,  1934,  328  §  16;  affected,  1934,  328 
§17. 

Sect.  23  revised,  1952,  577. 

Sect.  26  revised,  1954,  61. 

Sect.  27,  first  sentence  amended,  1947,  375;  1950,  326  §  1;  1954, 
134  §  1. 

Sect.  29  amended,  1953,  135. 

Sects.  32A-32E  added,  1939,  416  (requiring  the  licensing  of  recrea- 
tional camps,  overnight  camps  or  cabins  and  trailer  camps);  caption 
preceding  section  32A  revised,  1950,  326  §  2;   1954,  134  §  2. 

Sect.  32A  amended,  1950,  326  §  3;   1954,  134  §  3. 

Sect.  32B  amended,  1941,  396;  revised,  1945,  153;  first  two  sentences 
amended,  1950,  326  §  4;  first  sentence  amended,  1954,  134  §  4;  second 
sentence  revised,  1950,  802  §  1.    (See  1950,  802  §§  4,  5.) 

Sect.  32C  amended,  1950,  326  §  5;  1954,  134  §  5. 


1128  Changes  in  the  [Chap.  140. 

Sect.  32D  amended,  1950,  326  §  6;  1954,  134  §  6. 

Sect.  32E  amended,  1950,  326  §  7;   1954,  134  §  7. 

Sects.  32F-32K  added,  1950,  326  §  8  (providing  for  the  regulation  of 
trailer  coach  parks) . 

Sect.  32F,  sentence  added  at  end,  1950,  802  §  2;  paragraph  added 
at  end,  1951,  74;  amended,  1955,  623.    (See  1950,  802  §§  4,  5.) 

Sect.  32G  revised,  1950,  802  §  3;  1952,  583  §  1;  1954,  410.  (See 
1950,802  §§4,5;  1952,583  §3.) 

Sect.  48  repealed,  1937,  342  §  2. 

Sect.  51  amended,  1932,  275;  1935,  428  §  3;  1936,  55  §  1;  revised, 
1941,  626  §  12;  amended,  1947,  253.  (See  1935,  428  §§  6,  7;  1936, 
55  §  2.) 

Sect.  52  amended,  1935,  428  §  4.    (See  1935,  428  §  7.) 

Sect.  55  amended,  1938,  59. 

Sect.  56A  added,  1951,  345  (relative  to  the  licensing  of  shooting 
galleries) . 

Sect.  57,  sentence  added  at  end,  1952,  103  §  1. 

Sect.  58,  second  paragraph  revised,  1948,  181  §  1;  definition  of 
''Class  3"  revised,  1952,  103  §  2. 

Sect.  59  amended,  1934,  254  §  1;  1938,  96;  revised,  1948,  181  §  2. 
(See  1934,  254  §  2;   1953,  349.) 

Sect.  60  revised,  1948,  201  §  3.    (See  1948,  201  §  4.) 

Sect.  62  amended,  1948,  181  §  3. 

Sect.  65  revised,  1948,  181  §  4. 

Sect.  71  revised,  1943,  154. 

Sect.  90,  three  sentences  added  at  end,  1934,  179  §  1;  section  re- 
vised, 1946,  223  §  1.    (See  1946,  223  §  2.) 

Sect.  96,  sentence  added  at  end,  1934,  179  §  2;  section  amended, 
1941,  158  §  1.    (See  1941,  158  §§  2,  3.) 

Sect.  100  amended,  1946,  119;  revised,  1946,  174  §  1.  (See  1946, 
174  §  2.) 

Sect.  115  revised,  1948,  550  §  21;  1949,  297  §  7. 

Sect.  121  amended,  1934,  359  §  1. 

Sect.  129A  repealed,  1945,  254. 

Sect.  130,  sentence  added  at  end,  1945,  132;  section  revised,  1951, 
373  §  1. 

Sect.  130A  added,   1951,  373   §  2   (further  regulating  the  sale  of 

Sect.  131  revised,  1936,  302;   amended,  1951,  201;    1953,  319  §  20; 

sentence  added  at  end,  1953,  454.     (See  1953,  319  §§  39,  40.) 

Sect.  131C  added,  1934,  246  (prohibiting  persons  licensed  to  carry- 
pistols  and  revolvers  from  carrying  the  same  in  vehicles  unless  said 

weapons  are  under  their  control  therein). 
Sect.  131D  added,  1947,  492  §  5  (relative  to  the  emission  of  smoke 

by  steam  locomotives) ;   repealed,  1954,  672  §  7. 
Sect.  132  repealed,  1954,  672  §  7. 
Sect.  133  amended,  1939,  451  §  56;   revised,  1948,  550  §  22;    1949, 

297  §  8;  repealed,  1954,  672  §  7. 

Sect.  134  repealed,  1954,  672  §  7.  ^ 

Sect.  135  repealed,  1954,  672  §  7.  ■ 

Sect.  136  revised,  1947,  492  §  6;  repealed,  1954,  672  §  7.  ^™ 

Sect.  136A,  under  caption  "dogs",  added,  1934,  320  §  1  (definitions 

of  certain  words  and  phrases  in  sections  137-175);    amended,  1943, 

111  §  1.    (See  1934,  320  §  34.) 


Chap.  140.]  GENERAL  LawS.  1129 

Sect.  137  amended,  1932,  289  §  1;  revised  (and  caption  stricken  out) 
1934,  320  §  2;  revised,  1943,  111  §  2;   1945,  140.    (See  1934,  320  §  34.) 
Sects.  137A-137C  added,  1934,  320  §  3  (relative  to  kennel  licenses 
and  regulating  holders  of  such  licenses).    (See  1934,  320  §  34.) 

Sect.  137A,   paragraph  added   at  end,    1937,   95;    first  paragraph 
stricken  out  and  three  paragraphs  inserted,  1943.  Ill  §  3. 
Sect.  137C  revised,  1939,  206. 

Sect.  137D  added,  1948,  329  (prohibiting  the  issuing  of  dog  licenses 
to  persons  convicted  of  cruelty  to  animals). 

Sect.  138  revised,  1934,  320  §  4;  1938,  92;  1943,  111  §  4.    (See  1934, 
320  §  34.) 

Sect.  139  amended,  1934,  320  §  5;  sentence  added  at  end,  1939,  23; 
sentence  added  at  end,  1941,  132.    (See  1934,  320  §  34.) 
Sect.  140  repealed,  1934,  320  §  6.    (See  1934,  320  §  34.) 
Sect.  141  revised,  1934,  320  §  7.    (See  1934,  320  §  34.) 
Sects.  142-144  repealed,  1934,  320  §  8.    (See  1934,  320  §  34.) 
Sect.  145  amended,  1932,  289  §  2. 

Sect.  145A  added,  1932,  289  §  3  (relative  to  the  furnishing  of  anti- 

rabic  vaccine);  revised,  1934,  320  §  9;  1937,  375;  last  sentence  revised, 

1939,  42.    (See  1934,  320  §  34.) 

Sect.  146  revised,  1934,  320  §  10;  1941,  133  §  1.  (See  1934,  320  §  34.) 

Sect.  147  revised,  1932,  289  §  4;  1934,  320  §  11;  amended,  1941,  133 

§  2.  (See  1934,  320  §  34.) 

Sect.  148  repealed,  1932,  289  §  6.     (See  G.  L.  chapter  41  §  13A.  in- 
serted bv  1932,  289  §  5.) 

Sect.  150  revised,  1934,  320  §  12;   1954,  357.    (See  1934,  320  §  34.) 
Sect.  151  revised,  1934,  320  §  13;  fifth  sentence  revised,  1948,  11  §  1. 
Sect.  151A  added,  1934,  320  §  14  (powers  and  duties  of  dog  officers 
under  annual  warrants  from  mavors  or  selectmen) ;    last  sentence  re- 
vised, 1948,  11  §  2.    (See  1934,  320  §  34.) 

Sect.  152  revised,  1934,  320  §  15.    (See  1934,  320  §  34.) 
Sect.  153  revised,  1934,  320  §  16.    (See  1934,  320  §  34.) 
Sect.  154  repealed,  1934,  320  §  17.    (See  1934,  320  §  34.) 
Sect.  155  revised,  1934,  320  §  18.    (See  1934,  320  §  34.) 
Sect.  156  revised,  1934,  320  §  19;   1951,  156.    (See  1934,  320  §  34.) 
Sect.  157  revised,  1934,  320  §  20.    (See  1934,  320  §  34.) 
Sect.  158  revised,  1934,  320  §  21.    (See  1934,  320  §  34.) 
Sect.  159  revised,  1934,  320  §  22.    (See  1934,  320  §  34.) 
Sect.  160  revised,  1934,  320  §  23.    (See  1934,  320  §  34.) 
Sect.   161,  fii-st  two  sentences  amended,   1932,  289   §  7;     section 
amended,  1934,  320  §  24.    (See  1934,  320  §  34.) 

Sect.  161A  added,  1934,  320  §  25  (reimbursement  for  damages  by 
dogs  regulated).    (See  1934,  320  §  34.) 

Sect.  162  revised,  1934,  320  §  26.    (See  1934,  320  §  34.) 
Sect.  163  amended,  1934,  320  §  27.    (See  1934,  320  §  34.) 
Sect.  164  amended,  1934,  320  §  28.    (See  1934,  320  §  34.) 
Sect.  165  revised,  1934,  320  §  29.    (See  1934,  320  §  34.) 
Sect.  166  amended,  1934,  320  §  30.    (See  1934,  320  §  34.) 
Sect.  170  amended,  1934,  320  §  31.    (See  1934,  320  §  34.) 
Sect.  171  revised,  1934,  320  §  32.    (See  1934,  320  §  34.) 
Sect.  172  revised,  1932,  289  §  8. 

Sect.  174  amended,  1953,  319  §  21.     (See  1953,  319  §§  39,  40.) 
Sect.  175  revised,  1932,  289  §  9;  1934,  320  §  33;  1943,  93;  repealed, 
1945,  276  §  2.    (See  1934,  320  §  34.) 


1130  Changes  in  the  [Chaps.  141,  142. 

Sect.  176  revised,  1948,  550  §  23. 

Sect.  177A  added,  1949,  361  (relative  to  the  licensing  and  operation 
of  mechanical  amusement  devices). 
Sect.  179  revised,  1948,  434. 
Sects.    180A-180D   added,   under  caption   "theatrical  booking 

AGENTS,   PERSONAL  AGENTS  AND  MANAGERS",    1935,   378    (providing  for 

the  licensing  and  bonding  of  certain  theatrical  booking  agents,  per- 
sonal agents  and  managers). 

Sect.  180A  revised,  1946,  566  §  1 ;  paragraph  added  at  end,  1948,  256; 
section  revised,  1954,  630. 

Sect.  180B  revised,  1946,  566  §  2. 

Sect.  180C  revised,  1946,  566  §  3. 

Sect.  181.    Affected  by  1935,  454  §  8. 

Sect.  181 A  added,  1948,  534  (requiring  certain  entertainers  and  per- 
sons appearing  under  assumed  names  to  file  their  true  names  with  the 
commissioner  of  public  safety). 

Sect.  181B  added,  1949,  132  (requiring  the  posting  of  the  schedule 
of  admission  prices  to  travelling  entertainments). 

Sect.  183A  amended,  1935,  102  §  1;  1936,  71  §  1.  (See  1935,  102 
§2.) 

Sect.  183B  repealed,  1936,  71  §  2. 

Sect.  183D  added,  1951,  216  (requiring  common  victuallers  and 
others  to  post  minimum  charges). 

Sect.  184  amended,  1934,  328  §  18. 

Sect.  185A  amended,  1936,  279;  paragraph  added  at  end,  1941,  247. 

Sect.  185H  added,  1939,  253  (relative  to  the  licensing  and  supervision 
of  dancing  schools,  so  called). 

Sect.  186  amended,  1936,  169  §  1. 

Sect.  187  amended,  1936,  169  §  2. 

Sect.  192  revised,  1948,  550  §  24;   1949,  297  §  9. 

Sect.  202  revised,  1936,  169  §  3;   1948,  550  §  25;  1949,  297  §  10. 

Chapter  141.  —  Supervision  of  Electricians. 

Sect.  1,  first  paragraph  amended,  1943,  308. 

Sect.  2,  fourth  paragraph  stricken  out,  1946,  480  §  1. 

Sect.  2A  added,  1946,  480  §  2  (granting  a  credit  in  the  examination 
standing  of  certain  veterans  applying  for  electricians'  licenses) ;  revised, 
1954,  627  §  29.    (See  1954,  627  §§  41,  65,  67.) 

Sect.  3,  clause  (3)  revised,  1954,  190  §  1;  clause  (4)  amended,  1934, 
347  §  1;  clause  (5)  amended,  1954,  190  §  2;  clause  (8)  amended,  1948, 
187. 

Sect.  8  revised,  1948,  629  §  1.    (See  1948,  629  §  2.) 

Chapter  142.  —  Supervision  of  Plumbing. 

Sect.  3,  sentence  inserted  after  the  first  sentence,  1948,  382. 

Sect.  4,  first  sentence  revised,  1947,  382;  paragraph  added  at  end, 
1946,  502;  revised,  1954,  627  §  30.    (See  1954,  627  §§  65,  67.) 

Sect.  5  revised,  1954,  200. 

Sect.  6  revised,  1934,  347  §  2. 

Sect.  U  amended,  1945,  703  §  11;  revised,  1954,  627  §  31.  (See 
1954,  627  §§  65,  67.) 


Chap.  143.]  GENERAL  LaWS.  1131 

Sect.  13  amended,  1934,  284;   1954,  157. 

Sect.  15  revised,  1952,  112. 

Sect.  17  revised,  1936,  234;   1941,  518  §  1;  paragraph  added  at  end, 

1945,  477;  section  revised,  1955,  612  §  1. 
Sect.  18  revised,  1941,  518  §  2. 

Sect.  19  revised,  1941,  518  §  3;   1955,  612  §  2. 

Sect.  21  added,  1938,  302  (providing  for  regulation  of  plumbing  in 
buildings  owned  and  used  by  the  commonwealth). 

Sect.  22  added,  1941,  518  §  4  (providing  for  the  enforcement  of  cer- 
tain laws  relative  to  the  marking,  construction  and  installation  of  hot 
water  tanks). 

Chapter  143.  —  Inspection  and  Regulation  of,  and  Licenses  for,  Buildings, 
Elevators  and  Cinematographs. 

Sect.  1,  definition  of  "Alteration"  revised,  1945,  480;  definitions  of 
"Building"  and  "Commissioner"  inserted,  1945,  480;  definition  of 
"Inspector"  amended,  1943,  544  §  7B;  revised,  1945,  480;  definition  of 
"Institution"  inserted,  1955,  662  §  1;  definition  of  "Place  of  assembly" 
inserted  after  paragraph  in  lines  12-14,  1943,  546  §  1;  revised,  1945, 
480;  definition  of  "PubUc  building"  revised,  1945,  480;  definition  of 
"PubHc  hall"  revised,  1946,  363  §  1;  definition  of  "Special  hall"  re- 
vised, 1941,  694;  definition  of  "Structure"  inserted,  1945,  480;  defini- 
tion of  "Supervisor  of  plans"  revised,  1946,  363  §  1.  (See  1945,  722 
§2.) 

Sect.  2  amended,  1949,  125. 

Sect.  2 A  added,  1948,  582  §  1  (excluding  the  state  house  from  cer- 
tain provisions  of  law  relating  to  the  safety  of  persons  in  buildings); 
sentence  added  at  end,  1951,  430.    (See  1948,  582  §  3.) 

Sect.  2B  added,  1949,  547  (providing  for  regulations  relative  to  fire 
protection  and  prevention  in  the  state  house). 

Sect.  2C  added,  1954,  34  (relative  to  the  evacuation  of  the  state  house 
in  case  of  fire  or  other  disaster). 

Sect.  3  revised,  1943,  544  §  2;  1945,  674  §  1;  first  paragraph  revised, 

1946,  363  §  2;  amended,  1949,  156  §  3;  paragraph  inserted  after  second 
paragraph,  1946,  423;  paragraph  added  at  end,  1949,  156  §  4;  amended, 
1951,  85.    (See  1945,  722  §  2.) 

Sects.  3A-3H  added,  1943,  544  §  2  (providing  for  rules  and  regula- 
tions for  protecting  hfe  and  hmb  in  places  of  assembly  and  for  the  en- 
forcement of  laws,  rules  and  regulations,  ordinances  and  by-laws  for 
protecting  the  same  therein).    (See  1943,  544  §§  7A  and  8.) 
Sect.  3 A  revised,  1945,  482  §  1.    (See  1945,  722  §  2.) 
Sect.  3B  revised,  1945,  645  §  2;  sentence  inserted  after  first  sentence, 

1947,  646;  fourth  paragraph  amended,  1948,  144  §  1. 
Sect.  3C  repealed,  1945,  645  §  3. 

Sect.  3D  revised,  1945,  482  §  2.    (See  1945,  722  §  2.) 

Sects.  3E  and  3F  repealed,  1945,  645  §  3. 

Sect.  3G  revised,  1945,  482  §  3;   1946,  363  §  3.    (See  1945,  722  §  2.) 

Sect.  3H  revised,  1945,  645  §  4. 

Sects.  3I-3K  added,  1947,  631  §  1  (to  provide  regulations  for  the 
prevention  of  fire  and  the  preservation  of  hfe,  health  and  morals  in 
buildings  used  for  dwelling  purposes  and  to  provide  for  alternatives  to 
the  requirements  of  ordinances,  by-laws  or  regulations  relative  to  the 
construction,  alteration,  repair,  use  or  occupancy  of  such  buildings). 


1132  Changes  in  the  [Chap.  143. 

Sect.  31  amended,  1948,  438  §  1. 

Sect.  3J  amended,  1950,  534  §  1;  first  paragraph  amended,  1955, 
617  §  1;  second  paragraph  amended,  1955,  617  §  2;  third  paragraph 
amended,  1952,  158. 

Sect.  3K,  paragraph  added  at  end,  1948,  438  §  2;  same  paragraph 
amended,  1949,  530;  section  repealed,  1950,  534  §  2. 

Sect.  3L  added,  1950,  617  §  1  (relative  to  rules  and  regulations  for 
the  installation,  repair  and  maintenance  of  electrical  wiring  and  fixtures). 
(See  1950,  617  §  2.) 

Sect.  3M  added,  1951,  285  (relative  to  the  depth  and  slant  of  window 
ledges  on  certain  new  buildings);   stricken  out,  1951,  752. 

Sect.  6  revised,  1946,  363  §  4;  amended,  1949,  541  §  1. 

Sect.  7,  sentence  added  at  end,  1949,  156  §  2. 

Sect.  8  amended,  1945,  697  §  1;   1949,  541  §  2. 

Sect.  9  revised,  1945,  697  §  2 ;  sentence  inserted  after  first  sentence, 
1949,  156  §  5;  section  amended,  1949,  541  §  3. 

Sect.  9A  added,  1945,  697  §  2A  (relative  to  recovery  for  damage  to 
other  property  caused  by  the  making  safe  or  taking  down  of  a  danger- 
ous structure).    (See  1945,  697  §  2B.) 

Sect.  10  revised,  1945,  697  §  3;  amended,  1949,  541  §  4. 

Sect.  U  amended,  1949,  541  §  5. 

Sect.  12  amended,  1945,  697  §  4. 

Sect.  13  revised,  1946,  363  §  5. 

Sect.  15  amended,  1943,  544  §  3;  first  sentence  amended,  1947, 
645  §  1;  section  revised,  1949,  539;  first  sentence  amended,  1952, 
509  §  1;   1955,  662  §  2.    (See  1943,  544  §  7A.) 

Sect.  16  amended,  1943,  544  §  3;  revised,  1945,  473.  (See  1943, 
544  §  7A.) 

Sect.  20  amended,  1945,  700  §  1. 

Sect.  21  amended,  1943,  544  §  3;  revised,  1943,  546  §  2;  1945,  536; 
first  sentence  revised,  1947,  645  §  2;  amended,  1952,  509  §  2;  1955, 
662  §  3.    (See  1943,  544  §  7A,  546  §  5;   1945,  722  §  2.) 

Sects.  21A  and  21B  added,  1943,  546  §  3  (further  regulating  the 
means  of  ingress  to  and  egress  from  places  of  assembly  and  certain 
other  places).     (See  1943,  546  §§  5  and  6.) 

Sect.  21A  amended,  1945,  474  §  1;  1946,  363  §  6;  revised,  1948, 
440. 

Sect.  21B  amended,  1945,  482  §  4;  revised,  1945,  722  §  1;  para- 
graph added  at  end,  1946,  327  §  1;  section  revised,  1947,  654  §  1;  1948, 
502.     (See  1947,  654  §  3.) 

Sect.  21C  added,  1946,  327  §  2  (relative  to  the  use  and  maintenance 
of  revolving  doors,  so  called,  in  certain  buildings) ;  revised,  1947,  654 
§  2;  1948,  439  §  1;  1949,  540;  paragraph  added  at  end,  1952,  435. 
(See  1947,  654  §  3.) 

Sects.  24-33  amended,  1943,  544  §  3.     (See  1943,  544  §  7A.) 

Sect.  28  revised,  1945,  474  §  2;  1947,  648;  third  sentence  revised, 
1955,  662  §  5. 

Sect.  29  revised,  1950,  288  §  1.     (See  1950,  288  §§  2,  3.) 

Sect.  33  revised,  1945,  533  §  1;   1946,  363  §  7;  amended,  1947,  645 
§  3;  1948,  439  §  2;  1952,  509  §  3;  1955,  062  §  4.    (See  1945,  722  §  2.) 
■  Sect.  34  revised,  1943,  544  §  4;   amended,  1952,  541  §4;   1954,  158. 
(See  1943,  544  §  7A.) 

Sect.  43  amended,  1943,  544  §  3.     (See  1943,  544  §  7A.) 

Sect.  44  amended,  1947,  643. 


Chaps.  145,  146.]  GENERAL  LaWS.  1133 

Sects.  45  and  46  amended,  1943,  544  §  3.     (See  1943,  544  §  7A.) 

Sect.  47,  last  sentence  stricken  out,  1945,  700  §  2. 

Sect.  48  amended,  1945,  700  §  3. 

Sect.  49  amended,  1943,  544  §  3;  revised,  1945,  526.  (See  1943, 
544  §  7A.) 

Sect.  50,  sentence  added  at  end,  1945,  472.     (See  1945,  722  §  2.) 

Sects.  51  and  52  amended,  1943,  544  §  3.     (See  1943,  544  §  7A.) 

Sect.  51  revised,  1945,  510. 

Sect.  52  revised,  1945,  478. 

Sect.  53  amended,  1949,  541  §  6. 

Sect.  54  revised,  1943,  544  §  5.  (See  1943,  544  §  7A.)  Affected, 
1955,  675  §  2. 

Sect.  55  amended,  1949,  541  §  7. 

Sect.  57  revised,  1945,  533  §  2;  1948,  582  §  2.  (See  1945,  722  §  2, 
1948,  582  §  3.) 

Sect.  59  revised,  1943,  544  §  6;  1945,  533  §  3.  (See  1943,  544  §  7A; 
1945  722  5  2.) 

Sect.  60  amended,  1945,  533  §  4.     (See  1945,  722  §  2.) 

Sect.  61  revised,  1945,  674  §  2.     (See  1945,  722  §  2.) 

Sect.  62,  sentence  added  at  end,  1950,  509. 

Sect.  69  revised,  1945,  643  §  2;  second  paragraph  amended,  1948, 
144  §  2. 

Sects.  71A-71C  added,  1945,  626  §  1  (providing  for  the  licensing 
of  persons  engaged  in  the  construction  and  maintenance  of  elevators 
and  escalators).     (See  1945,  626  §  2.) 

Sect.  71D  added,  1946,  495  (providing  that  persons  engaged  in 
certain  work  in  the  construction  and  maintenance  of  elevators  and 
escalators  need  not  be  licensed  as  elevator  constructors,  maintenance 
men  or  repairmen). 

Sect.  74  revised,  1941,  553  §  1.     (See  1941,  553  §  9.) 

Sect.  75  revised,  1941,  553  §  2;  amended,  1950,  112.  (See  1941, 
553  §  9.) 

Sect.  76  revised,  1941,  553  §  3.     (See  1941,  553  §  9.) 

Sects.  77  and  78  repealed,  1941,  553  §  4.     (See  1941,  553  §  9.) 

Sect.  79  revised,  1941,  553  §  5.     (See  1941,  553  §  9.) 

Sect.  80  repealed,  1941,  553  §  4.     (See  1941,  553  §  9.) 

Sect.  82  amended,  1941,  553  §  6.     (See  1941,  553  §  9.) 

Sect.  85  amended,  1941,  553  §  7;  revised,  1955,  44.  (See  1941, 
553  §  9.) 

Sect.  86  amended,  1941,  553  §  8.     (See  1941,  553  §  9.) 

Sect.  89  added,  1955,  152  §  1  (relative  to  the  storage,  distribution  and 
exhibition  of  certain  nitrate  motion  picture  film). 

Chapter  145.  —  Tenement  Houses  in  Towns. 

Sect.  17A  added,  1934,  168  (relative  to  the  erection  of  garages  in 
the  yards  of  certain  tenement  houses). 

Sect.  59,  sentence  added  at  end,  1948,  550  §  26. 

Chapter  146.  —  Inspection  of  Boilers,  Air  Tanks,  etc.,  Licenses  of  Engineers, 
Firemen,  and  Operators  of  Hoisting  Machinery. 

Sect.  2  amended,  1941,  459;  1946,  336  §  1. 
Sect.  4  amended,  1946,  336  §  2. 
Sect.  7  amended,  1948,  321. 


1134  Changes  in  the  [Chap.  147. 

Sect.  13  amended,  1952,  153. 

Sect.  16  revised,  1932,  180  §  28. 

Sect.  18  amended,  1953,  35  §  1. 

Sect.  22  revised,  1952,  541  §  1. 

Sect.  34  revised,  1938,  319  §  1;  sentence  added  at  end,  1947,  620; 
same  sentence  revised,  1948,  146. 

Sect.  35  amended,  1938,  319  §  2. 

Sect.  38  amended,  1953,  35  §  2. 

Sect.  40  revised,  1952,  541  §  2. 

Sect.  46,  first  sentence  amended,  1953,  207  §  lA. 

Sect.  49,  last  sentence  revised,  1953,  207  §  1.    (See  1953,  207  §  2.) 

Sect.  50  amended,  1935,  67;  1951,  36. 

Sect.  52  repealed,  1948,  140. 

Sect.  57  revised,  1952,  541  §  3. 

Sect.  60  amended,  1951,  398. 

Sect.  63  amended,  1952,  154. 

Sect.  67  revised,  1941,  525  §  1;  amended,  1946,  180;  revised,  1951, 
393;  1952,  175.     (See  1941,  525  §  2.) 

Sect.  68  stricken  out,  1953,  319  §  22.    (See  1953,  319  §§  39,  40.) 

Chapter  147.  —  State  and  Other  Police,  and  Certain  Powers  and  Duties  of 
the  Department  of  Public  Safety. 

Sect.  1A  added,  1947,  668  §  1  (relative  to  the  policing  of  reservations 
of  the  United  States  of  America).    (See  1947,  668  §  2.) 

Sect.  4B  added,  1939,  116  (providing  that  local  police  authorities 
and  district  attorneys  be  furnished  with  information  relative  to  certain 
persons  charged  with  or  convicted  of  sex  crimes,  so  called,  upon  their 
release  or  discharge  from  certain  institutions) ;   revised,  1954,  246. 

Sect.  4C  added,  1955,  771  §  2  (relative  to  the  functions  and  duties  of 
the  criminal  information  bureau). 

Sect.  8 A  added,  1938,  296  (authorizing  the  carrying  of  certain 
weapons  by  sheriffs,  deputy  sheriffs  and  special  sheriffs,  and  certain 
officers  in  the  department  of  correction) ;  revised,  1939,  174. 

Sect.  10  amended,  1934,  23. 

Sect.  lOA  added,  1949,  148  (authorizing  the  appointment  as  special 
police  officers  of  employees  of  the  Port  of  Boston  Authority). 

Sect.  lOB  added,  1953,  536  (authorizing  the  appointment  as  special 
poHce  officers  of  certain  employees  of  the  department  of  pubhc  health). 

Sects.  13B  and  13C  added,  1939,  419  §  2  (providing  for  the  ultimate 
abolition  of  reserve  police  forces  in  certain  cities  and  towns). 

Sect.  16A  added,  1937,  85  §  1  (providing  for  one  day  off  in  every 
seven  davs  for  police  officers  in  certain  cities  and  towns) ;  revised,  1938, 
426  §  1. ' 

Sect.  16B  added,  1938,  426  §  2  (providing  for  one  day  off  in  every 
six  days  for  police  officers  of  certain  cities  and  towns) . 

Sect.  16C  added,  1951,  346  §  1  (providing  for  a  five  day  work  week 
for  police  officers  in  certain  cities  and  towns) . 

Sect.  17  amended,  1937,  85  §  2;  1938,  426  §  3;  1951,  346  §  2;  sen- 
tence added  at  end,  1954,  325. 

Sect.  17A  added,  1952,  268  (providing  additional  off  duty  and  extra 
pay  for  pohce  officers  in  certain  cases). 

Sect.  19,  sentence  added  after  the  first  sentence,  1939,  256  §  2.  (See 
1939,  256  §  3.) 


Chap.  148.]  GENERAL  LaWS.  1135 

Sects.  25A-25C  added,  1937,  437  §  1  (relative  to  promoting  peaceful 
industrial  relations  by  regulating  certain  forms  of  private  police  and 
detective  activity  in  labor  disputes  and  related  matters). 

Sect.  25A,  sentence  added  at  end,  1953,  76. 

Sect.  25B  repealed,  1954,  544  §  1. 

Sect.  25C  revised,  1954,  544  §  2. 

Sect.  26  amended,  1937,  437  §  2. 

Sect.  30  revised,  1937,  437  §  3. 

Sect.  32  revised,  1935,  262  §  1. 

Sect.  33  amended,  1935,  262  §  2. 

Sect.  35  revised,  1934,  69;   1948,  199. 

Sect.  36  revised,  1932,  79. 

Sect.  38  revised,  1947,  234;  sixth  sentence  amended,  1953,  238. 

Sect.  39  revised,  1948,  371;  1949,371;  1950,114. 

Sect.  39A  added,  1948,  232  (excluding  certain  persons  who  have 
been  knocked  out  from  participating  in  boxing  or  sparring  matches). 

Sect.  39B  added,  1954,  177  (requiring  certain  persons  licensed  to 
conduct  boxing  matches  to  provide  insurance  for  contestants). 

Sect.  40  amended,  1952,  203. 

Chapter  148.  —  Fire  Prevention. 

Sect.  1,  definition  of  "Head  of  the  fire  department"  revised,  1945, 
470;  definition  of  "local  Ucensing  authority"  amended,  1932,  102; 
revised,  1953,  230  §  1 ;  three  paragraphs  added  at  end,  defining  "Board," 
"Building"  and  "Structure,"  1945,  470.    (See  1953,  230  §  2.) 

Sect.  2  amended,  1948,  504. 

Sect.  3  amended,  1945,  700  §  4. 

Sect.  4  amended,  1945,  710  §  2;  paragraph  added  at  end,  1955, 
662  §  6. 

Sect.  5,  sentence  in  Unes  16-17  amended,  1945,  463. 

Sect.  9  amended,  1945,  710  §  3. 

Sect.  10  revised,  1945,  710  §  4;  third  paragraph  amended,  1948,  144 
§3. 

Sect.  lOA  added,  1932,  75  (relative  to  the  granting  of  certain  permits 
and  the  making  of  certain  inspections  by  municipal  officers  designated 
by  the  state  fire  marshal) ;  revised,  1945,  479. 

Sect.  lOB  added,  1954,  331  (establishing  a  penalty  for  the  violation 
of  any  rule  or  regulation  made  by  the  board  of  fire  prevention  regula- 
tions) . 

Sect.  13,  first  paragraph  amended,  1932,  22  §  1;  section  amended, 
1935,  123  §  1;  revised,  1936,  394  §  1;  first  paragraph  amended,  1945, 
415  §  1;  revised,  1945,  710  §  5;  1948,  550  §  27;  amended,  1951,  329; 
1953,  200;  second  paragraph  amended,  1945,  710  §  6;  third  paragraph 
amended,  1939,  333;  1945,  710  §  7;  fourth  paragraph  amended,  1945, 
710  §  8;  last  paragraph  amended,  1938,  99.  (See  1932,  22  §  2;  1936, 
394  §§  2,  3;   1945,  415  §  2;  710  §  19.) 

Sect.  14  amended,  1938,  103. 

Sect.  16  amended,  1941,  288. 

Sect.  18  repealed,  1934,  182  §  2. 

Sect.  19,  sentence  added  at  end,  1948,  550  §  28. 

Sect.  20 A  added,  1946,  501  (relative  to  bonds  to  cover  risk  of  damages 
from  blasting  operations  conducted  in  several  municipalities). 


1136  Changes  in  the  [Chap.  149. 

Sect.  21  amended,  1945,  710  §  9. 

Sect.  22  amended,  1945,  710  §  10. 

Sect.  23  amended,  1935,  123  §  2. 

Sect.  23A  added,  1948,  188  (prohibiting  the  use  of  inflammable  anti- 
freeze solutions  in  fire  hydrants). 

Sect.  25  amended,  1945,  710  §  11. 

Sect.  26  amended,  1945,  481. 

Sect.  27A  added,  1932,  283  (relative  to  the  protection  of  life  and 
property  from  fire  hazards  incident  to  the  present  industrial  emer- 
gency). 

Sect.  28,  paragraph  L  amended,  1943,  546  §  4;  section  amended, 
1945,  710  §  12;  paragraph  I  revised,  1949,  512;  paragraph  L  revised 
and  paragraph  N  added,  1946,  363  §  9.    (See  1943,  546  §  5.) 

Sect.  29  amended,  1939,  205. 

Sect.  30  amended,  1945,  710  §  13. 

Sect.  31  amended,  1945,  460. 

Sect.  38  amended,  1945,  710  §  14. 

Sect.  38 A  added,  1938,  95  (prohibiting  the  removal  of  certain  gaso- 
line tanks  without  a  permit). 

Sect.  39  revised,  1943,  291  §  1. 

Sect.  39A  added,  1943,  291  §  2  (authorizing  the  making  of  rules  and 
regulations  for  the  granting  of  permits  for  supervised  displays  of  fire- 
works); amended,  1945,  256;  710  §  15. 

Sect.  40  amended,  1945,  710  §  16;  sentence  added  at  end,  1948, 
550  §  29. 

Sect.  42,  sentence  added  at  end,  1951,  184. 

Sect.  46  amended,  1945,  710  §  17. 

Sects.  48  and  49  repealed,  1946,  282. 

Sect.  49A  added,  1934,  182  §  1  (relative  to  the  inspection  of  kerosene 
or  any  product  thereof  kept  for  sale  for  illuminating,  heating  or  cook- 
ing purposes) ;  repealed,  1946,  282. 

Sect.  50  amended,  1943,  291  §  3. 

Sect.  52 A  added,  1950,  258  (prohibiting  the  sale  of  exploding  matches). 

Sect.  53  repealed,  1943,  291  §  4. 

Sect.  54  revised,  1948,  370  §  2;  amended,  1952,  254. 

Chapter  149.  —  Labor  and  Industries. 

For  temporary  legislation  authorizing  the  commissioner  of  labor  and 
industries  to  suspend  certain  laws,  rules  and  regulations  relative  to 
the  employment  of  women  and  minors  when  necessary  to  provide  relief 
from  conditions  resulting  from  the  present  shortage  of  man  power, 
see  1943,  382. 

For  temporary  legislation  authorizing  the  commissioner  of  labor 
and  industries  to  suspend  certain  laws,  rules  and  regulations  relative 
to  the  employment  of  women  and  minors  when  an  emergency  exists  or 
conditions  of  hardship  require  or  justifv  suspension,  see  1947,  357  §  4; 
1949,  332;  1950,  168;  1951,  167;  1952,  119;  1953,  236;  1954,  10; 
1955,  106. 

For  legislation  relative  to  interstate  compacts  affecting  labor  and 
industry,  see  1933,  Res.  44;  1934,  383,  Res.  25;  1935,  315  §§  1-3;  1936, 
Res.  68;   1937,  404;   1943,  255. 

Sect.  1,  paragraph  defining  "co-operative  courses"  amended,  1939, 
461  §  4;  paragraph  defining  "discrimination"  inserted,  1937,  367  §  1; 


Chap.  149.]  GENERAL   LawS.  1137 

paragraphs  defining  "employee"  and  "employer"  inserted,  1945,  584 
§  1;    definition  of  "employment"  amended,  1945,  584  §  2;    revised, 

1945,  646;  paragraph  defining  "emploj^ment  permit",  "permit  for 
employment"  or  "emploj'-ment  certificate"  inserted,  1939,  461  §  4A; 
revised,  1945,  133  §  3;  paragraph  defining  "mercantile  establishments" 
amended,  1936,  78. 

Sect.  6  amended,  1934,  132  §  1;  1937,249;  two  paragraphs  added  at 
end,  1952,  155;  paragraph  added  at  end,  1954,  680  §  7.  (See  1934, 
132  §  2.) 

Sect.  8  amended,  1943,  441. 

Sect.  11  amended,  1935,  328;  revised,  1950,  453. 

Sect.  17  amended,  1945,  430. 

Sect.  19A  added,  1953,  117  (requiring  the  furnishing  of  copies  of 
certain  medical  reports  to  employees). 

Sect.  20A  added,  1933,  351  §  1  (relative  to  the  judicial  enforcement 
of  certain  contracts  relative  to  membership  in  labor  or  employers' 
organizations).     (See  1933,  351  §  2.) 

Sects.  20B  and  20C  added,  1935,  407  §  1  (regulating  the  liability 
of  labor  unions  and  others  involved  in  labor  disputes,  and  defining 
labor  disputes  and  other  terms  used  in  connection  therewith).  (See 
1935,  407  §  6.) 

Sect.  20C.  See  1937,  436  §  10;  G.  L.  150A  §  6  (h)  inserted  by  1938, 
345  §  2;  first  sentence  amended,  1950,  452  §  1;  subsection  (c)  stricken 
out  and  subsections  (c)-(f)  inserted,  1950,  452  §  2.  (See  1950,  452 
§§  5-7.) 

Sect.  22  amended,  1951,  166  §  1;   1955,  430. 

Sect.  23,  first  paragraph  amended,  1951,  166  §  2;  second  paragraph 
amended,  1935,  114. 

Sect.  23A  added,  1934,  233  (regulating  the  employment  of  armed 
guards  in  connection  with  strikes,  lockouts  and  other  labor  troubles). 

Sect.  23B  added,  1955,  241  (prohibiting  the  use  of  auxihary  police  or 
other  personnel  organized  under  the  civil  defense  laws  in  connection 
with  any  labor  dispute). 

Sect.  24  amended,  1933,  272;  revised,  1950,  452  §  4.  (See  1950, 
452  §§  5-7.) 

Sects.  24A-24J  added,  under  the  caption  "discrimination  against 
certain  persons  in  employment  on  account  of  age",  1937,  367  §  2. 

Sects.  26  and  27  stricken  out,  and  new  sections  26-27D  added,  1935, 
461  (relative  to  preference  and  minimum  wages  of  veterans  and  others 
in  certain  employments  on  certain  public  works). 

Sect.  26  amended,  1947,  334;  first  sentence  revised,  1954,  627  §  32; 
paragraph  added  at  end,  1937,  346;  same  paragraph  revised,  1938,  413; 

1946,  591  §  46.    (See  1954,  627  §§  65,  67.) 
Sect.  27,  last  sentence  revised,  1955,  180. 
Sect.  27D  amended,  1955,  453. 

Sect.  27E  added,  1938,  67  (establishing  residential  requirements  to 
be  observed  in  the  employment  of  certain  persons  by  the  department 
of  public  works). 

Sect.  28  revised,  1948,  550  §  30. 

Sect.  29  amended,  1935,  217  §  2;  revised,  1935,  472  §  2;  1938,  361; 
1955,  702  §  2.    (See  1955,  702  §  3.) 

Sect.  29A  added,  1949,  185  (relative  to  the  enforcement  of  certain 
surety  bonds  by  persons  furnishing  labor  and  materials  on  private 
building  projects). 


1138  Changes  in  the  [Chap.  149. 

Sect.  30  revised,  1936,  367  §  1;  1947,  680  §  1. 

Sect.  30A  added,  1947,  677  §  1  (further  regulating  the  work  hours 
of  certain  persons  employed  by  the  commonwealth) ;  amended,  1949, 
780;  1950,  439;  revised,  1952,  626;  1955,  643  §  6.  (See  1947,  677 
§§2,3;   1955,  643  §  12.) 

Sect.  32  revised,  1945,  680. 

Sect.  33A  added,  1947,  649  (authorizing  a  forty  hour  week  for  em- 
ployees of  certain  cities  and  towns);  revised,  1948,  657. 

Sect.  33B  added,  1950,  653  (further  regulating  the  work  hours  of 
persons  employed  by  cities  and  towns) . 

Sect.  34  amended,  1936,  367  §  2;  revised,  1947,  680  §  2. 

Sect.  34A  added,  1938,  438  (requiring  contractors  on  public  buildings 
and  other  public  works  to  provide  and  continue  in  force,  during  the 
full  term  of  the  contract,  insurance  under  the  Workmen's  Compensation 
Law,  so  called). 

Sect.  34B  added,  1939,  252  (regulating  the  rate  of  compensation 
paid  to  reserve  police  officers  by  contractors  on  certain  public  works) . 

Sect.  34C  added,  1947,  680  §  3  (concerning  the  applicability  of 
certain  provisions  of  law  relative  to  hours  of  labor  on  public  works). 

Sect.  36  amended,  1942,  1  §  7.     (See  1942,  1  §  9.) 

Sect.  39  revised,  1935,  444  §  1;   1954,  632  §  1.    (See  1935,  444  §  2.) 

Sect.  40  revised,  1945,  426  §  1;  repealed,  1954,  632  §  2.  (See  1945, 
426  §  2.) 

Sects.  44A-44D  added,  1939,  480  (requiring  fair  competition  for 
bidders  on  the  construction,  reconstruction,  alteration,  remodelling  or 
repair  of  certain  public  works  by  the  commonwealth  or  any  political 
subdivision  thereof). 

Sect.  44A  revised,  1941,  699  §  1;   1954,  645  §  1.    (See  1954,  645  §  5.) 

Sect.  44B  revised,  1954,  645  §  2.    (See  1954,  645  §  5.) 

Sect.  44C,  subsection  (B)  revised,  1941,  699  §  2;  subsection  (D) 
amended,  1941,  699  §  3;  first  paragraph  of  subsection  (E)  revised,  1941, 
699  §  4;  sentence  added  at  end  of  subsection  (E),  1941,  699  §  5;  last 
paragraph  of  "Draft  of  Proposal  Form"  amended,  1941,  699  §  6;  para- 
graph contained  in  Unes  14-18  of  the  "Proposal  Form  (Sub-Bidder)" 
amended,  1941,  699  §  7;  section  revised,  1954,  645  §  3.  (See  1954, 
645  §  5.) 

Sect.  44E  added,  1954,  645  §  4  (relative  to  powers  of  the  depart- 
ment with  relation  to  contracts  for  public  building  projects). 

Sect.  48  revised,  1935,  185,  423  §  3;  amended,  1938,  320;  revised, 
1939,  235  §  1. 

Sect.  49  amended,  1937,  221 ;  revised,  1938,  295. 

Sect.  50  revised,  1933,  225;  amended,  1935,  423  §  1. 

Sect.  50A  added,  1935,  423  §  2  (making  one  day's  rest  in  seven  law 
apphcable  to  watchmen  and  employees  maintaining  fires  in  certain 
establishments). 

Sect.  51  revised,  1939,  235  §  2. 

Sect.  51A  added,  1954,  93  (authorizing  exemptions  from  the  law 
requiring  one  day's  rest  in  seven). 

Sect.  55  revised,  1945,  87. 

Sect.  56  amended,  1932,  110  §  1;  revised,  1935,  200;  first  sentence 
stricken  out  and  two  sentences  inserted,  1939,  377;  section  amended, 
1941,  574,  610  §  1;   first  sentence  amended,  1947,  161;   revised,  1947, 


Chap.  149.]  GENERAL  LawS.  1139 

368;  amended,  1948,  196;  paragraph  added  at  end,  1946,  241  §  1.    (See 
1941,  610  §§  2,  3.) 

Sect.  57  amended,  1932,  110  §  2. 

Sect.  59  amended,  1933,  193  §  1;  1936,  170  §  1;  revised,  1947, 
357  §  1.  (For  prior  temporary  legislation  authorizing  the  commissioner 
of  labor  and  industries  to  suspend  certain  provisions  relative  to  the 
hours  of  employment  of  women  in  the  textile  and  leather  industries, 
see  1933,  347;  time  for  suspension  as  to  the  textile  industry  extended, 
1935,429;  1936,  154;  1937,  153;  1938,  68;  1939,  96;  1941,  154;  1943, 
306;  1945,  14;  1946,  96.  For  prior  temporary  legislation  suspending 
certain  provisions  relative  to  the  hours  of  employment  of  women  and 
children  in  the  textile  industry  and  to  their  meal  periods,  1946,  127, 
560.) 

Sect.  60  revised,  1935,  203;  paragraph  added  at  end,  1939,  193  §  1; 
section  revised,  1939,  273,  461  §  5;  1947,  109  §  1;  amended,  1955,  113. 
(See  1939,  461  §  13.) 

Sect.  61,  clause  (1)  revised,  1946,  241  §  2;  section  amended,  1954, 
98;  last  sentence  stricken  out,  1954,  240  §  1. 

Sect.  62,  clause  (13)  amended,  1934,  328  §  19;  section  amended, 
1945,  337;   clause  (15)  added,  1946,  171;  amended,  1954,  240  §  2. 

Sect.  65  amended,  1939,  352;  revised,  1939,  461  §  6. 

Sect.  66  amended,  1933,  193  §  2;  1936,  170  §  2;  1939,  255;  1946, 
48;  affected,  1946,  127,  560;  section  revised,  1947,  357  §  2. 

Sect.  67  revised,  1939,  348. 

Sects.  69-73.    See  1934,  114. 

Sect.  69  amended,  1939,  461  §  7. 

Sect.  70,  sentence  added  at  end,  1939,  94;  section  revised,  1945,  133 
§4. 

Sect.  71  amended,  1945,  133  §  5. 

Sect.  73  revised,  1939,  461  §  8;  amended,  1955,  503. 

Sect.  78  amended,  1934,  292  §  1;   1954,  240  §  3. 

Sect.  79  amended,  1954,  291. 

Sect.  84  amended,  1932,  180  §  29, 

Sect.  86  revised,  1939,  461  §  9;  first  paragraph  revised,  1947,  109 
§2. 

Sect.  87  revised,  1939,  461  §  10;  paragraph  inserted  after  subsection 
(4)  (e),  1952,  63. 

Sect.  88  amended,  1945,  133  §  6. 

Sect.  89  revised,  1945,  133  §  7. 

Sect.  90  revised,  1945,  133  §  8. 

Sect.  94  revised,  1939,  461  §  11. 

Sect.  95,  first  paragraph  amended,  1945,  133  §  9. 

Sect.  100  amended,  1939,  280;  affected,  1946,  127,  560;  section  re- 
vised, 1947,  357  §  3. 

Sect.  101  revised,  1938,  335;  amended,  1955,  111. 

Sect.  104  amended,  1932,  27;   1939,  193  §  2;   revised,  1954,  110. 

Sects.  105A-105C  added,  1945,  584  §  3  (penaUzing  discriminatory 
wage  rates  based  on  sex). 

Sect.  105A  revised,  1947,  565;   1951,  180. 

Sect.  106,  sentence  added  at  end,  1955,  373  §  1. 

Sect.  113  revised,  1934,  255;  amended,  1955,  426. 

Sect.  117  revised,  1935,  208. 


1140  Changes  in  the  [Chap.  149. 

Sect.  126  revised,  1945,  528;  first  sentence  revised,  1954,  349. 

Sect.  127  revised,  1951,  38. 

Sect.  129A  added,  1949,  305  (requiring  the  shoring  of  certain  exca- 
vations). 

Sect.  130  revised,  1954,  59. 

Sect.  133,  sentence  added  at  end,  1955,  373  §  2;  section  revised,  1955, 
669  §  1.    (See  1955,  669  §  2.) 

Sect.  135  amended,  1933,  64. 

Sect.  139  amended,  1955,  92. 

Sect.  140  repealed,  1953,  57. 

Sect.  141A  added,  1949,  255  (limiting  the  weight  to  be  lifted  by 
hand  by  certain  employees  in  textile  factories) . 

Sects.  142A-142F  added,  under  caption  "benzol  and  mixtures 
CONTAINING  BENZOL ",  1933,  304  (regulating  the  sale,  distribution, 
storage  and  use  of  benzol  and  its  compounds). 

Sect.  142A  amended,  1935,  463  §  1;  revised,  1949,  591  §  1;  1955, 
469  §  1.    (See  1955,  469  §  7.) 

Sect.  142B  revised,  1935,  463  §  2;  1949,  591  §  2;  1955,  469  §  2. 
(See  1955,  469  §  7.) 

Sect.  142C  revised,  1955,  469  §  3.    (See  1955,  469  §  7.) 

Sect.  142D  amended,  1949,  591  §  3;  revised,  1955,  469  §  4.  (See 
1955,  469  §  7.) 

Sect.  142E  revised,  1949,  591  §  4;  1955,  469  §  5.  (See  1955,  469 
§7.) 

Sect.  142F  amended,  1949,  591  §  5;  revised,  1955,  469  §  6.  (See 
1955,  469  §  7.) 

Sect.  142G  added,  1955,  469  §  6  (providing  for  the  enforcement  of 
certain  rules  and  regulations  relative  to  the  use,  storage  and  sale  of 
certain  materials  and  substances  hazardous  to  health). 

Sects.  143-147A,  and  the  heading  above  section  143,  stricken  out, 
and  new  sections  143-147H  inserted,  under  the  heading  "industrial 
homework",  1937,  429. 

Sect.  143  revised,  1945,  600  §  1 ;  1955,  764  §  1.    (See  1955,  764  §  13.) 

Sect.  143A  added,  1955,  764  §  2  (relative  to  protection  of  health  and 
well  being  of  industrial  home  workers).     (See  1955,  764  §  13.) 

Sect.  144  amended,  1945,  600  §  2;    1955,  764  §  3.    (See  1955,  764 

§13.) 

Sect.  145  amended,  1955,  764  §  4.    (See  1955,  764  §  13.) 

Sect.  146A  added,  1955,  764  §  5  (relative  to  the  distribution  of  in- 
dustrial homework).    (See  1955,  764  §  13.) 

Sect.  147  amended,  1941,  539;  first  paragraph  amended,  1945,  600 
§  3;  1955,  764  §  6;  second  paragraph  amended,  1953,  247;  revised, 
1955,  764  §  7.    (See  1955,  764  §  13.) 

Sect.  147A  added,  1932,  234  (requiring  the  furnishing  of  certain 
information  to  the  department  of  labor  and  industries  with  respect  to 
the  performance  of  certain  industrial  work  in  tenements  and  dwelling 
houses);  section  stricken  out  and  new  section  inserted,  1937,  429; 
amended,  1939,  461  §  12;  paragraph  added  at  end,  1955,  764  §  8. 
(See  1955,  764  §  13.) 

Sect.  147B  amended,  1945,  600  §  4. 

Sect.  147C  amended,  1945,  600  §  5;  1955,  764  §  9.  (See  1955, 
764  §  13.) 

Sect.  147D  amended,  1945,  600  §  6;  1955,  764  §  10.  (See  1955, 
764  §  13.) 


Chap.  150.]  GENERAL  LawS.  1141 

Sect.  147E  amended,  1955,  764  §  11.    (See  1955,  764  §  13.) 

Sect.  147G  amended,  1945,  600  §  7;  1955,  764  §  12.  (See  1955, 
764  §  13.) 

Sect.  148,  last  sentence  amended,  1932,  101  §  1;  section  revised, 
1935,350;  1936,160;  first  paragraph  revised,  1955,  506;  paragraph  in- 
serted after  first  paragraph,  1943,  467;  paragraph  inserted  after  third 
paragraph,  1943,  378;  same  paragraph  amended,  1943,  563;  revised, 
1946,  414;  last  paragraph  amended,  1951,  28. 

Sect.  150,  sentence  added  at  end,  1932,  101  §  2. 

Sect.  150A  added,  1938,  403  (requiring  employers  to  furnish  certain 
information  to  employees  relative  to  deductions  from  wages  for  social 
security  and  unemployment  compensation  benefits). 

Sect.  150B  added,  1943,  385  (prohibiting  labor  unions  from  requir- 
ing payment  of  certain  fees  as  a  condition  of  securing  or  continuing 
employment). 

Sect.  152 A  added,  1952,  490  (prohibiting  the  payment  by  an  em- 
ployee to  an  employer  of  tips  or  gratuities  received  during  the  course 
of  employment). 

Sect.  156  amended,  1935,  363  §  1;  1941,  164.     (See  1935,  363  §  2.) 

Sect.  157 A  added,  1933,  268  (insuring  to  piece  or  job  workers  in 
factories  and  workshops  information  relative  to  their  compensation). 

Sect.  159A  added,  1937,  342  §  1  (to  prevent  the  misleading  of  patrons 
of  certain  places  as  to  the  beneficiaries  of  tips  given  to  hat-check  and 
cigarette  girls  and  the  like). 

Sect.  159B  added,  1949,  241  (requiring  payment  by  employers  for 
medical  examinations  of  present  or  prospective  employees  in  certain 
cases). 

Sect.  170  amended,  1945,  580  §  8.     (See  1945,  580  §  9.) 

Sect.  171  revised,  1948,  487. 

Sect.  178A  added,  1932,  175  (authorizing  the  payment  of  small 
amounts  of  wages  or  salary  of  intestate  employees  to  certain  next  of 
kin  without  administration);  sentence  added  at  end,  1953,  436  §  4; 
section  revised,  1954,  562  §  4. 

Sect.  178B  added,  1947,  189  §  1  (to  authorize  deductions  from  wages 
of  employees  of  districts  and  municipalities  for  making  certain  payments 
to  credit  unions  of  such  employees).  [For  prior  legislation,  see  G.  L. 
chapter  171  §  6A  (1946,  184)  repealed  by  1947,  189  §  2.] 

Sect.  178C  added,  1953,  436  §  5  (relative  to  the  payment  of  salaries, 
wages  or  other  sums  owing  by  the  commonwealth  or  certain  pohtical 
subdivisions  thereof  upon  the  death  of  their  officers  or  employees) ;  re- 
vised, 1954,  562  §  5.    (See  1953,  436  §  7.) 

Sect.  179B  added,  1941,  642  (requiring  the  giving  of  notice  to  the 
Commissioner  of  Labor  and  Industries  of  the  commencement  or  a 
change  of  location  of  operations  by  industries  in  this  commonwealth) . 

Chapter  150.  —  Conciliation  and  Arbitration  of  Industrial  Disputes. 

Sect.  3  amended,  1938,  364  §  1;   1939,  111. 
Sect.  5  revised,  1938,  364  §  2. 
Sect.  7,  fifth  sentence  amended,  1946,  590  §  1. 
Sect.  9,  last  sentence  amended,  1946,  590  §  2. 

Sect.  11  added,  1949,  548  (providing  that  certain  agreements  for  the 
arbitration  and  concihation  of  labor  disputes  shall  be  valid). 


1142  Changes  in  the  [Chaps.  150A-151. 


Chapter  150A.  —  Labor  Relations. 

New  chapter  inserted,  1938,  345  §  2  (incorporating  the  provisions  of  1937, 
436,  relative  to  labor  relations  as  an  addition  to  the  General  Laws).     (See 

1938,  345  §§  3,  4.) 

Sect.  2,  subsection  (9)  added,  1951,  615  §  1. 

Sect.  3  revised,  1951,  615  §  2. 

Sect.  4,  subsection  (3)  revised,  1947,  657  §  1;  subsection  (6)  added, 
1947,  657  §  2. 

Sect.  4A  revised,  1947,  657  §  3. 

Sect.  4B  added,  1947,  657  §  3  (making  it  an  unfair  labor  practice  for 
a  labor  organization  to  refuse  to  bargain  collectively  in  certain  cases). 

Sect.  5,  subsection  (a)  revised,  1951,  615  §  3;  subsection  (jb)  amended, 

1939,  318;   revised,  1951,  615  §  4;   subsection  (c)  amended,  1947,  657 
§4. 

Sect.  6,  subsection  (a)  amended,  1947,  657  §  5;  subsection  (e) 
amended,  1954,  681  §  10;  subsection  (/)  amended,  1954,  681  §  11; 
subsection  (h)  amended,  1941,  261. 

Sects.  6A-6C  added,  1947,  657  §  6  (relative  to  membership  in  labor 
organizations  where  such  membership  is  required  as  a  condition  of 
employment). 

Sect.  7,  first  paragraph  amended,  1947,  657  §  7. 

Sect.  9  amended,  1947,  657  §  8. 

Sect.  10,  subsection  (6)  revised,  1945,  354;   1947.  657  §  9. 

Chapter  150B.  —  Peaceful  Settlement  of  Industrial  Disputes  Dangerous  to 
Public  Health  and  Safety. 

New  chapter  inserted,  1947,  596. 

Sects.  3  and  4  revised,  1954,  557  §  1. 

Sect.  8  added,  1954,  557  §  2  (relative  to  compensation  for  persons 
appointed  as  moderators,  commissioners  or  board  members  in  matters 
relating  to  peaceful  settlement  of  industrial  disputes). 

Chapter  151.  —  Minimum  Fair  Wages  (former  title,  Minimum  Fair  Wages 
for  Women  and  Minors). 

Chapter  stricken  out,  and  new  chapter  151  inserted,  1934,  308  §  1.  (See 
1934,  308  §§  2,  3;    1935,  267.     See  also  1933,  Res.  44;    1934,  383,  Res.  25.) 

Chapter  stricken  out,  and  new  chapter  151  (with  new  title)  inserted, 
1937,  401  §  1.     (See  1937,  401  §§  2,  3.) 

Chapter  stricken  out,  and  new  chapter  151  (with  new  title)  inserted, 
1947,  432  §  1  (incorporating  as  part  of  the  General  Laws,  1946,  545  which 
extended  the  minimum  wage  law,  so  called,  to  adult  male  persons).  (See 
1947,  432  §  2). 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  151,  as  so  inserted: 

Sect.  1,  second  sentence  amended,  1952,  558  §  1;  1955,  762  §  1; 
sentence  added  at  end,  1949,  777  §  1.  (See  1949,  777  §§  2,  4;  1955, 
762  §  4.) 

Sect.  2,  definition  of  "A  directory  order"  stricken  out,  1952,  558  §  2; 
definition  of  "Occupation"  revised,  1948,  362;  amended,  1952,  558 
§  3;  revised,  1954,  174. 


Chap.  151  A.]  GENERAL  LaWS.  1143 

Sect.  7,  paragraph  added  at  end,  1952,  558  §  4;  revised,  1953,  515; 
amended,  1955,  762  §  2.    (See  1952,  558  §  5;   1955,  762  §  4.) 

Sect.  8,  last  sentence  revised,  1952,  558  §  6. 

Sect.  10,  first  sentence  revised,  1952,  558  §  7. 

Sect.  11,  first  sentence  amended,  1952,  558  §  8. 

Sect.  12  revised,  1952,  558  §  9. 

Sect.  13  amended,  1952,  558  §  10. 

Sect.  15  amended,  1950,  349  §  1. 

Sect.  16  amended,  1952,  558  §  11. 

Sect.  19,  paragraph  (2)  revised,  1949,  777  §  3;  1952,  558  §  12; 
amended,  1955,  762  §  3.    (See  1949,  777  §§  2,  4;   1955,  762  §  4.) 

Sect.  20A  added,  1950,  349  §  2  (establishing  a  time  during  which 
certain  actions  may  be  brought  under  the  minimum  wage  law). 

Chapter  I51A.  —  Employment  Security  (former  title,  Unemployment 

Compensation). 

For  legislation  providing  for  the  payment  of  unemployment  compen- 
sation benefits  to  persons  upon  termination  of  service  in  the  military  or 
naval  forces  of  the  United  States  during  the  present  national  emergency, 
see  1941,  701;   1943,  319;   1946,  168. 

New  chapter  inserted,  1935,  479  §  5.  (See  1935,  479  §§  6,  7;  1936,  12  §  3, 
249  §  16.) 

Chapter  stricken  out,  and  new  chapter  151A  (with  same  title)  inserted, 
1937,  421  §  1.     (See  1937,  421  §§  2-4.) 

Chapter  stricken  out,  and  new  chapter  151A  (with  new  title)  inserted, 
1941,  685  §  1.     (See  1941,  685  §§  7-11;    1941,  686.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  151A  as  so  inserted: 

Sect.  1,  subsections  (a),  (c)  and  (r)  (1)  revised,  1951,  763  §  1;  sub- 
section (a)  revised,  1953,  560  §  1;  subsection  (r)  (2),  sentence  added 
at  end,  1949,  476;  subsection  (r)  (2)  revised,  1951,  763  §  1;  subsection 
(r)  (3)  added,  1953,  635  §  1;  subsection  (s)  (1)  stricken  out,  1948, 
603  §  1;  subsection  (s)  revised,  1951,  763  §  1;  amended,  1954,  279  §  1; 
subsection  (m)  added,  1949,  639  §  2,  defining  "American  vessel";  sub- 
section (v),  defining  "Remuneration",  and  subsection  (w),  defining 
"Average  weekly  wage",  added,  1951,  763  §  2;  subsection  (v)  repealed, 
1953,  635  §  2.  (See  1949,  639  §  3;  1951,  763  §  22;  1953,  560  §  3;  1954, 
279  §  2.) 

Sect.  6,  subsection  (c)  revised,  1949,  639  §  1;  subsection  {d)  revised, 
1951,  763  §  3;  1954,  280  §  1;  subsection  (/)  amended,  1954,  431  §  1; 
subsection  (h)  revised,  1951,  763  §  3;  subsection  (f)  revised,  1951, 
763  §  3;  subsection  (n)  revised,  1951,  763  §  3;  subsection  (r/)  amended, 
1947,  433.    (See  1949,  639  §  3;   1951,  763  §  22;   1954,  280  §  2.) 

Sect.  8,  subsection  (a)  amended,  1950,  535;  subsections  (g)  and  (h) 
added  at  end,  1943,  534  §  2. 

Sect.  11  revised,  1941,  685  §  2;   1951,  763  §  4.     (See  1951,  763  §  22.) 

Sect.  14,  first  paragraph  revised,  1948,  603  §  2;  subsection  (a) 
amended,  1948,  603  §  3;  subsection  (6)  (2)  revised,  1943,  534  §  1; 
amended,  1945,  484  §  2;  1946,  170  §  2;  1948,  537  §  1;  subsection  (b) 
(4),  sentence  added  at  end,  1947,  602  §  1;  subsection  (6)  revised,  1949, 
740  §  1;   subsection  (c)  added,  1943,  534  §  lA;    designations  of  sub- 


1144  Changes  in  the  [Chap.  151A. 

sections  (c)  and  (d)  changed  to  (d)  and  (e),  respectively,  1943,  534 
§  IB;  su})section  (c)  revised,  1945,  516;  paragraph  in  Unes  48-72  re- 
vised, 1946,  3r30;  subsection  (c)  revised,  1947,  440  §  1;  1949,  740  §  2; 
subsection  (e)  amended,  1948,  537  §  2;  section  revised,  1951,  763  §  5; 
1953,  397;  subsection  (o)  added,  1954,  431  §  2.  (See  1947,  440  §  2; 
602  §  2;   1948,  537  §  3;   1949,  740  §  3;   1951,  763  §  22.) 

Sect.  15,  subsection  (a)  amended,  1950,  232;  subsection  (6)  revised, 
1948,  603  §  6;  subsection  (c)  revised,  1943.  373. 

Sect.  22,  sentence  added  at  end,  1945,  625  §  2. 

Sect.  23,  subsection  (a)  revised,  1941,  685  §  3;  1951,  763  §  6;  amended, 
1955,  530;  subsections  (5)  and  (c)  revised,  1951,  763  §  6;  subsection  (e) 
stricken  out,  1943,  534  §  3;  subsection  (j)  added,  1951,  763  §  7.  (See 
1951,  763  §  22.) 

Sect.  24  revised,  1951,  763  §  8.     (See  1951,  763  §  22.) 

Sect.  25,  subsection  (a)  amended,  1948,  421;  revised,  1951,  763  §  9 
subsection  (b)  amended,  1953,  464;  subsection  (d)  amended,  1945,  356 
revised,  1951,  763  §  9;  subsection  (e)  revised,  1951,  763  §  9;  1953,  401 
subsection  (/)  added,  1951,  763  §  10.    (See  1951,  763  §  22.) 

Sect.  27  amended,  1945,  625  §  3;  revised,  1948,  630;  1951,  763  §  11. 
(See  1951,  763  §  22.) 

Sect.  28,  paragraph  added  at  end,  1954,  431  §  3. 

Sect.  29,  subsection  (a)  revised,  1943,  534  §  5;  1945,  484  §  1;  1946, 
170  §  1;  subsection  (5)  revised,  1951,  763  §  12;  1954,  673;  subsection 
(c)  added,  1946,  611;  revised,  1949,  501;  1951,  763  §  12;  1954,  635. 
(See  1951,  763  §  22.) 

Sect.  29A  added,  1949,  421  (providing  that  benefits  under  this 
chapter  shall  not  be  reduced  by  reason  of  the  receipt  of  hoUday  pay, 
so  called). 

Sect.  30  amended,  1945,  484  §  3;  revised,  1949,  559;  1953,  410  §  1. 
(See  1953,  410  §  2.) 

Sect.  31  revised,  1951,  763  §  13.     (See  1951,  763  §  22.) 

Sect.  32  repealed,  1951,  763  §  14.     (See  1951,  763  §  22.) 

Sect.  33  repealed,  1943,  534  §  4. 

Sect.  34  repealed,  1951,  763  §  14.     (See  1951,  763  §  22.) 

Sect.  38  revised,  1951,  763  §  15;  subsection  (a),  paragraph  added 
at  end,  1953,  560  §  2.    (See  1951,  763  §  22;   1953,  560  §  3.) 

Sect.  39  revised,  1949,  659;   1951,  763  §  16.     (See  1951,  763  §  22.) 

Sect.  40  revised,  1951,  763  §  17.     (See  1951,  763  §  22.) 

Sect.  42  revised,  1943,  534  §  6;  fifth  sentence  stricken  out  and  three 
sentences  inserted,  1951,  763  §  18;  eighth  sentence  revised,  1954, 
681  §  12;  next  to  last  sentence  stricken  out  and  six  sentences  inserted, 

1947,  434.    (See  1951,  763  §  22;  1954,  681  §§  20,  22.) 
Sect.  44,  subsection  (6)  revised,  1948,  603  §  4. 

Sect.  45A  added,  1954,  655  (requiring  an  employer  to  furnish  an 
employee  with  a  wage  report). 

Sect.  46,  second  sentence  amended,  1954,  512;  subsection  (a)  added, 

1948,  603  §  5. 

Sect.  47  revised,  1951,  763  §  19.     (See  1951,  763  §  22.) 

Sect.  62  amended,  1952,  394. 

Sect.  66A  added,  1949,  646  (authorizing  the  director  of  employment 
security  to  enter  into  reciprocal  agreements  with  foreign  countries 
relative  to  the  administration  of  the  employment  security  law). 

Sect.  69,  paragraph  added  at  end,  1949,  555;  section  revised,  1951, 
763  §  20.     (See  1951,  763  §  22.) 


Chap.  151B-152.]  GENERAL  LawS.  1145 

Sect.  71  revised,  1951,  763  §  21.     (See  1951,  763  §  22.) 
Sect.  74  revised,  1949,  290. 

Chapter   151B.  —  Unlawful   Discrimination  against   Race,   Color,    Religious 
Creed,  National  Origin  or  Ancestry. 

New  chapter  inserted,  1946,  368  §  4. 

Sect,  1,  subsection  5  amended,  1950,  697  §  1;  subsection  8  added, 
1950,  697  §  2. 

Sect.  3,  subsection  6  amended,  1950,  697  §  3;  subsection  8  amended, 
1950,  697  §  4;  subsection  9  amended,  1950,  697  §  5. 

Sect.  4,  subsection  1  amended,  1950,  697  §  6;  subsection  2  amended, 
1950,  697  §  7;  subsection  3  amended,  1950,  697  §  8;  subsection  3A 
added,  1955,  274;   paragraph  added  at  end,  1947,  424. 

Sect.  5  revised,  1950,  479  §  4. 

Sect.  6,  seventh  sentence  revised,  1954,  681  §  13.  (See  1954,  681 
§§  20,  22.) 

Sect.  9  amended,  1950,  697  §  9. 

Chapter  151C.  —  Fair  Educational  Practices. 
New  chapter  inserted,  1949,  726  §  2. 

Sect.  4,  paragraph  (c)  revised,  1954,  681  §  14.  (See  1954, 681  §§  20, 22.) 

Chapter  152.  —  Workmen's  Compensation. 

For  legislation  requiring  manufacturers  to  insure  under  the  work- 
men's compensation  act  where  employees  work  on  machinery,  see  1936, 
426;  repealed,  1948,  156. 

Sect.  1,  two  sentences  added  at  end  of  paragraph  (1),  1935,  332  §  1; 
paragraph  (1)  revised,  1943,  529  §  1;  paragraph  (2)  revised,  1953, 
314  §  2;  paragraph  (3)  amended,  1950,  738  §  1;  paragraph  (4)  revised, 
1935,  406;  1943,  529  §  3;  1945,  369;  first  paragraph  of  paragraph  (4) 
amended,  1947,  215;  paragraph  inserted,  1951,  109  §  1;  amended, 
1953,  139;  third  paragraph  of  paragraph  (4)  revised,  1953,  656  §  1; 
amended,  1955,  366;  revised,  1955,  755;  paragraph  (5)  revised,  1943, 
529  §  lA;  1954,  265;  paragraph  (6)  amended,  1943,  529  §  2;  paragraph 
(7)  revised,  1950,  277  §  2;  paragraph  (7 A)  added,  1941,  347;  paragraph 
(7B)  added,  1947,  488  §  9;  same  paragraph  repealed,  1950,  277  §  1; 
paragraph  (8)  revised,  1953,  314  §  3.  (See  1943,  529  §  14;  1951,  109 
§2.) 

Sect.  2  amended,  1953,  314  §  4. 

Sect.  2A  added,  1946,  386  §  3  (limiting  the  application  of  certain 
acts  in  amendment  of  G.  L.  152  increasing  the  amounts  of  compensation 
payable  thereunder). 

Sect.  4  revised,  1939,  83;   1953,  314  §  5. 

Sect.  5,  paragraph  added  at  end,  1943,  359;  section  amended,  1953, 
314  §  6. 

Sect.  6  amended,  1945,  347;   1953,  314  §  6. 

Sect.  7  amended,  1953,  314  §  6. 

Sect.  7A  added,  1947,  380  (relative  to  procedure  in  certain  claims 
under  the  workmen's  compensation  law  where  employees  are  unable  to 
testify) . 

Sect.  7B  added,  1947,  455  (regulating  the  admissibility  of  certain 
evidence  in  workmen's  compensation  cases). 


1146  Changes  in  the  [Chap.  152. 

Sect.  8  amended,  1953,  314  §  6. 

Sect.  8 A  amended,  1953,  314  §  6. 

Sect.  9  revised,  1949,  442;  amended,  1953,  314  §  6. 

Sect.  9A  revised,  1938,  381;  amended,  1953,  314  §  6. 

Sect.  9B  added,  1935,  424  (providing  for  the  reference  of  certain 
cases  under  the  workmen's  compensation  law  to  industrial  disease 
referees);  revised,  1938,462;  repealed,  1947,  286. 

Sect.  10  revised,  1947,  546. 

Sect.  11  amended,  1932,  129  §  1;  paragraph  added  at  end,  1935, 
484;  1939,  213  §  1;  1949,  61;  1950,  634  §  1;  1953,  288;  section 
amended,  1953,  314  §  6.    (See  1939,  213  §  2.) 

Sect.  1 1 A  added,  1945,  444  (relieving  employees  and  their  dependents 
of  the  expenses  of  certain  appeals  in  workmen's  compensation  cases); 
sentence  added  at  end,  1949,  372. 

Sect.  12,  last  paragraph  amended,  1932,  117  §  1;  section  amended, 
1953,  314  §  6.    (See  1932,  117  §  2;  1935,  351.) 

Sect.  13,  sentence  added  at  end,  1933,  68;  section  amended,  1953, 
314  §  6. 

Sect.  14  amended,  1953,  314  §  6. 

Sect.  15  revised,  1939,  401;   1943,  432. 

Sect.  15A  amended,  1934,  252;   1955,  174  §  5. 

Sects.  16  and  17  amended,  1953,  314  §  6. 

Sect.  18,  sentence  added  at  end,  1938,  102;  section  amended,  1939,  93. 

Sect.  19,  paragraph  in  Hues  17  and  18  revised,  1935,  339;  same  para- 
graph revised,  1939,  245;  paragraph  in  lines  19-22  revised,  1955, 
174  §  1;  paragraph  added  at  end,  1941,  379  §  11;  section  amended, 
1953,  314  §  6;  last  paragraph  revised,  1955,  174  §  2. 

Sect.  19A  added,  1935,  359  (requiring  certain  notices  from  employers 
not  insured  under  the  workmen's  compensation  law);  repealed,  1948, 
158. 

Sect.  19B  added,  1941,  410  (requiring  the  posting  of  notices  by  cer- 
tain employers  not  covering  their  employees  by  workmen's  compensa- 
tion insurance) ;  repealed,  1948,  157. 

Sect.  20  revised,  1935,  340;  amended,  1945,  464;  last  two  sentences 
revised,  1946,  390;  section  revised,  1949,  276;  amended,  1953,  314  §  6. 

Sect.  20A  added,  1945,  468  (requiring  employers  and  certain  in- 
surers who  maintain  cUnics,  etc.,  for  the  treatment  of  injured  employees, 
to  furnish  such  employees  with  copies  of  all  medical  examinations); 
revised   1954   194. 

Sect.  21  amended,  1943,  529  §  4.    (See  1943,  529  §  14.) 

Sect.  22  amended,  1943,  529  §  13;  1953,  314  §  6.    (See  1943,  529  §  14.) 

Sect.  23  revised,  1943,  529  §  5;  amended,  1953,  314  §  6.  (See  1943, 
529  §  14.) 

Sect.  24  amended,  1943,  529  §  6;  1955,  174  §  5.    (See  1943,  529  §  14.) 

Sects.  25A-25D  added,  1943,  529  §  7,  under  caption  "Compulsory 
Compensation  and  Self-Insurance."    (See  1943,  529  §  14.) 

Sect.  25 A,  paragraph  (2)  amended,  1949,  441  §  1;  paragraph  (2)  (a) 
amended,  1945,  316;  sixth  sentence  revised;  1946,  472  §  1;  paragraph 
(2)  (a)  revised,  1949,  441  §  2;  paragraph  (2)  (b),  first  sentence  revised, 
1945,  518;  1946,  472  §  2;  paragraph  (2)  (6)  revised,  1949,  441  §  3; 
paragraph  (2)  (c)  revised,  1945,  344;  1948, 176;  1949,  441  §  4;  amended, 
1950,  351;  revised,  1955,  174  §  3. 

Sect.  25C,  two  sentences  added  at  end,  1951,  689;  next  to  last  sen- 
tence revised,  1953,  330;  section  amended,  1955,  174  §  5. 


Chap.  152.]  GENERAL  LawS.  1147 

Sect.  25D  amended,  1955,  174  §  5. 

Sect.  26  amended,  1937,  370  §  1;  revised,  1943,  302;  529  §  8;  para- 
graph added  at  end,  1945,  623  §  1;  section  amended,  1955,  174  §  5. 
(See  1943,  529  §  14.) 

Sect.  26A  added,  1937,  370  §  2  (providing  for  payment  of  workmen's 
compensation  in  certain  cases  of  suicide) . 

Sect.  27  revised,  1935,  331. 

Sect.  28  amended,  1934,  292  §  2;  revised,  1943,  529  §  9.  (See  1943, 
529  §  14.) 

Sect.  29  revised,  1935,  372;  1937,  382;  amended,  1949,  471;  1951, 
135;   1953,  314  §  6. 

Sect.  30  revised,  1936,  164;  1943,  181;  1946,  233  §  1;  sentence 
added  at  end,  1948,  159;  section  amended,  1953,  314  §  6.  (See  1946, 
233  §  2.) 

Sects.  30A-30C  added,  1950,  767  §  2  (prescribing  duties  of  the  re- 
habilitation commission  in  the  department  of  industrial  accidents). 

Sect.  30A  amended,  1952,  630  §  11. 

Sect.  SOB  amended,  1953,  314  §  6. 

Sect.  31,  first  paragraph  amended,  1934,  250;   1950,  738  §  2;  para- 
grapli  contained  in  tb  .'•  sixth  to  the  forty-fourth  lines  revised,  1937,  325 
same  paragraph  amended,  1943,  368;   revised,  1945,  572;    1948,  666 
1950,  357;  last  paragraph  revised,  1943,  400;  amended,  1950,  738  §  3 
revised,  1951,  98;  section  amended,  1955,  174  §  5. 

Sect.  32,  paragraph  (c)  amended,  1950,  282  §  2;  paragraph  (d)  re- 
vised, 1947,  450;  amended,  1949,  281;  1950,  282  §  3;  new  paragraph 
added,  1935,  361  (relative  to  payments  under  the  workmen's  compen- 
sation law  to  dependents  of  deceased  minor  employees);  amended, 
1950,  738  §  4. 

Sect.  33  revised,  1939,  81;  1941,  495;  amended,  1948,  155;  1949, 
258 

Sect.  34  revised,  1935,  332  §  2;  1941,  624;  1945,  717;  1946,  321  §  1; 
amended,  1947,  665;  1949,  520  §  1;  revised,  1955,  777  §  1.  (See  1946, 
321  §  4.) 

Sect.  34A  added,  1935,  364  (providing  for  payments  for  total  and 
permanent  disability  under  the  workmen's  compensation  law,  and  estab- 
lishing methods  of  determining  the  same) ;  amended,  1943,  276;  revised, 

1945,  717;    first  paragraph  revised,  1946,  321   §  2;    amended,  1949, 
520  §  2;  revised,  1955,  777  §  2.    (See  1946,  321  §  4.) 

Sect.  35  amended,  1943,  299;  revised,  1945,  717;  1946,  321  §  3; 
amended,  1949,  520  §  3;  revised,  1955,  777  §  3.    (See  1946,  321  §  4.) 

Sect.  35A  added,  1945,  717  (providing  for  an  increase  in  certain 
weekly  benefits  under  the  workmen's  compensation  law  in  certain  cases) ; 
revised,  1946,  553;  paragraph  (c)  revised,  1950,  282  §  1;  section 
amended,  1953,  314  §  6. 

Sect.  36,  paragraph  (j)  revised,  1933,  257;  section  revised,  1935,  333; 
paragraph  (6)  amended,  1947,  664  §  1;  paragraph  (d)  amended,  1947, 
634  §  1;  paragraph  (e)  amended,  1947,  634  §  2;  paragraph  (/)  amended, 

1946,  386  §  1;  paragraph  added  at  end  of  section,  1947,  634  §  3.    (See 
1946,  386  §  2;   1947,  664  §  2.) 

Sect.  36  stricken  out  and  sections  36  and  36A  inserted,  1949,  519 
(increasing  the  benefits  payable  under  the  workmen's  compensation  law 
for  certain  injuries). 

Sect.  36,  paragraphs  (h)  and  (t)  revised,  1952,  60;  paragraph  (g) 
revised,  1952,  84;  paragraph  added  at  end,  1953,  64. 


1148  Changes  in  the  [Chap.  152. 

Sect.  36 A  revised,  1950,  445;   1951,  494. 

Sect.  37  amended,  1937,  321;  revised,  1950,  527. 

Sect.  37A  added,  1945,  623  §  2  (relative  to  payments  to  disabled 
war  veterans  subsequently  injured  in  industry). 

Sect.  39  amended,  1937,  317. 

Sect.  45,  paragraph  added  at  end,  1951,  662;  section  amended, 
1955,  174  §  5. 

Sect.  46  amended,  1941,  378;   1945,  623  §  2A;   1953,  314  §  6. 

Sects.  48  and  49  amended,  1953,  314  §  6. 

Sect.  50  revised,  1953,  670. 

Sect.  52  revised,  1947,  619  §  1.    (See  1947,  619  §  3.) 

Sect.  52A  added,  1939,  465  §  2  (relative  to  insuring  against  silicosis 
and  other  occupational  pulmonary  dust  diseases).  (See  1939,  465  §  4.) 

Sect.  52B  added,  1945,  581  (relative  to  the  payment  of  premiums 
for  workmen's  compensation  insurance  in  certain  cases). 

Sects.  52C-52G  added,  1947,  619  §  2  (relative  to  rates  for  work- 
men's compensation  insurance).    (See  1947,  619  §  3.) 

Sect.  52F,  paragraph  (c)  amended,  1954,  681  §  15.  (See  1954,  681 
§§  20,  22.) 

Sect.  54A  added,  1935,  425  (relative  to  safeguarding  and  extending 
the  workmen's  compensation  law  by  making  void  certain  contracts  or 
agreements  in  the  nature  of  insurance  which  do  not  insure  the  payment 
of  the  compensation  provided  for  by  said  law). 

Sect.  55,  second  paragraph  revised,  1934,  137  §  1. 

Sect.  57  amended,  1955,  174  §  5. 

Sect.  58  amended,  1955,  174  §  5. 

Sect.  59  amended,  1953,  314  §  6. 

Sects.  62  and  63  amended,  1953,  314  §  6. 

Sect.  65  amended,  1935,  395;  1936,  162;  1937,  394;  revised,  1939, 
465  §  3;  amended,  1943,  367;  second  sentence  amended,  1950,  634  §  2; 
section  amended,  1955,  174  §  5;   1955,  234  §  2.     (See  1939,  465  §  4.)  _ 

Sects.  65A-65M  added,  1939,  489  (providing  for  the  equitable  distri- 
bution of  rejected  risks  among  insurers  of  workmen's  compensation,  and 
the  pooling  of  losses  in  connection  with  such  risks). 

Sects.  65 A  and  65B  amended,  1953,  314  §  6. 

Sect.  65M  amended,  1953,  314  §  6. 

Sect.  65N  added,  1945,  623  §  3  (establishing  a  special  fund  to  en- 
courage the  employment  in  industry  of  disabled  war  veterans) ;  amended, 
1949,  689;   1955,  174  §  5. 

Sect.  66  revised,  1943,  529  §  9A.    (See  1943,  529  §  14.) 

Sect.  67  revised,  1943,  529  §  10;  first  sentence  revised,  1953,  656 
§  2.    (See  1943,  529  §  14.) 

Sect.  68  revised,  1943,  529  §  11;  amended,  1947,  506  §  4;  revised, 
1949,  427  §  8.    (See  1943,  529  §  14;   1949,  427  §  11.) 

Sect.  69  revised,  1933,  318  §  7;  1936,  260;  amended,  1936,  403;  re- 
vised, 1939,  435;  last  sentence  revised,  1939,  468;  section  amended, 
1941,  614;  1945,  729;  1946,  422;  second  sentence  revised,  1947,  590; 
paragraph  added  at  end,  1951,  610  §  2. 

Sect.  69A  added,  1933,  315  (regulating  workmen's  compensation 
payments  by  the  commonwealth);  amended,  1953,  314  §  6. 

Sect.  69B  added,  1936,  427  (further  regulating  workmen's  compen- 
sation payments  by  the  commonwealth) ;  amended,  1955,  174  §  5. 

Sect.  70  amended,  1953,  314  §  6. 


Chaps.  153-155.]  GENERAL  LawS.  1149 

Sect.  73,  first  sentence  amended,  193G,  318  §  4;  1937,  336  §  23;  1941, 
379  §  12;  first  two  sentences  revised,  1950,  209. 

Sect.  73 A  added,  1941,  649  (to  provide  for  the  employment  of  par- 
tially disabled  public  employees  and  temporary  filling  of  their  original 
positions). 

Sect.  74  amended,  1939,  451  §  57;  1941,  344  §  26;  sentence  added 
at  end,  1953,  501. 

Sect.  74A  added,  1955,  681  (extending  workmen's  compensation  to 
employees  furnishing  aid  to  other  governmental  units). 

Sect.  75  revised,  1932,  19;  amended,  1951,  610  §  1;  1954,  680  §  8; 
1955,  174  §  4;  643  §  11.    (See  1955,  643  §  12.) 

Sects.  76-85  added,  1939,  465  §  1  (providing  workmen's  compensa- 
tion benefits  for  employees  in  the  granite  industry  contracting  silicosis 
and  other  occupational  pulmonary  dust  diseases).  (See  1939,  465  §  4; 
1950,  220.) 

Sects.  76-85  stricken  out  and  section  76  inserted,  1950,  220. 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1954. 

Sect.  76  repealed,  1955,  234  §  1. 

Chapter  153.  —  Liability  of  Employers  to  Employees  for  Injuries  not 
resulting  in  Death. 

Sect.  6  amended,  1935,  387;  first  sentence  revised,  1947,  506  §  5; 
1949,  427  §  9.    (See  1949,  427  §  11.) 

Chapter  154.  —  Assignment  of  Wages. 

Sect.  2  revised,  1948,  550  §  31. 

Sect.  8  added,  1933,  96  (exempting  orders  for  payment  of  labor  or 
trade  union  or  craft  dues  or  obligations  from  the  operation  of  the  laws 
regulating  assignments  of  wages);  amended,  1939,  125;  1948,  117: 
revised,  1950,  204;   1951,  239;  amended,  1955,  631. 

Chapter  155.  —  General  Provisions  relative  to  Corporations. 

Sect.  1  revised,  1935,  297  §  1.     (See  1935,  297  §  3.) 

Sect.  2A  added,  1955,  490  (to  provide  for  the  certification  and  record- 
ing of  evidence  of  the  incorporation  of  church  or  cemetery  corpora- 
tions). 

Sect.  6,  sentence  added  at  end,  1949,  105. 

Sect.  9  amended,  1938,  327  §  1;  revised,  1943,  295;  first  sentence 
revised,  1953,  32.    (See  1938,  327  §  2.) 

Sect.  10  amended,  1933,  11;  third  sentence  revised,  1943,  549  §  4. 

Sect.  12A  added,  1938,  164  §  1  (making  permanent  certain  provi- 
sions of  law  authorizing  domestic  corporations  to  contribute  to  certain 
funds  for  the  benefit  of  social  and  economic  conditions);  amended, 
1946,  278.     (See  1938,  164  §  2.) 

Sect.  12B  added,  1947,  488  §  5  (empowering  corporations  to  par- 
ticipate as  subscribers  in  the  exchanging  of  reciprocal  or  inter-insurance 
contracts). 

Sect.  12C  added,  1953,  415  (authorizing  corporations  to  make  con- 
tributions for  charitable,  scientific  or  educational  purposes). 


1150  Changes  in  the  [Chaps.  156,  157. 

Sect.  13,  sentence  added  at  end,  1949,  695. 

Sect.  15  revised,  1939,  14. 

Sect.  22,  paragraph  added  at  end,  1953,  185;  same  paragraph  re- 
vised, 1954,  50. 

Sect.  23A  added,  1935,  297  §  2  (regulating  sales  of  stocks,  bonds 
and  other  securities  of  corporations  to  their  employees);  repealed, 
1938,  445  §  13.  (See  1935,  297  §  3;  G.  L.  chapter  llOA  §  UA,  inserted 
by  1938,  445  §  9.) 

Sect.  50  amended,  1933,  66. 

Sect.  50A  added,  1939,  456  §  1  (relative  to  the  dissolution  of  domestic 
corporations);  amended,  1943,  383. 

Sect.  56,  first  sentence  revised,  1939,  456  §  2;  1953,  31. 

Chapter  156.  —  Business  Corporations. 

Sect.  5  amended,  1939,  301  §  1. 

Sect.  6,  clause  (e)  amended,  1939,  15  §  1. 

Sect.  12,  form  of  certificate  revised,  1932,  67. 

Sect.  30  amended,  1937,  52. 

Sect.  32  revised,  1955,  173. 

Sect.  36  revised,  1941,  514  §  1. 

Sect.  41  revised,  1932,  136. 

Sect.  4 IB  added,  1951,  498  (authorizing  changes  of  shares  of  par 
value  stock  into  a  greater  number  or  the  exchange  thereof  for  a  greater 
number). 

Sect.  41C  added,  1951,  565  §  1  (authorizing  changes  of  stock  without 
par  value  to  shares  with  par  value). 

Sect.  42  amended,  1943,  38  §  1. 

Sect.  44  amended,  1951,  565  §  2. 

Sect  45  amended,  1951,  565  §  3. 

Sect.  46,  sentence  added  at  end,  1943,  38  §  2. 

Sects.  46A-46E  added,  under  the  heading  "merger  and  consolida- 
tion". 1941,  514  §2. 

Sect.  46A  revised,  1948,  524. 

Sect.  46B,  paragraph  contained  in  lines  102-108  revised,  1943,  405 
§1;  1947,  543  §1. 

Sect.  46D,  subsection  2  of  paragraph  (6)  amended,  1954,  57;  para- 
graph contained  in  lines  64-73  revised,  1943,  405  §  2;   1947,  543  §  2. 

Sect.  49  revised,  1941,  276;  first  sentence  revised,  1948,  118. 

Sect.  54  amended,  1932,  180  §  30;  paragraph  added  at  end,  1951, 
565  §  4. 

Sect.  55  amended,  1952,  314;  revised,  1955,  338. 

Chapter  157.  —  Co-operative  Corporations. 

Sect.  3,  second  sentence  revised,  1949,  378  §  1. 
Sect.  3A  added,  1949,  378  §  2  (authorizing  the  forming  of  corpora- 
tions to  conduct  a  housing  business  on  the  co-operative  plan). 
Sect.  4  revised,  1949,  378  §  3. 

Sect.  6  amended,  1949,  378  §  4;  paragraph  4  revised,  1949,  378  §  5. 
Sect.  9  amended,  1949,  378  §  6. 
Sect.  13  amended,  1954,  23. 
Sect.  16,  last  sentence  amended,  1932,  180  §  31. 


Chaps.  158-159A.]  GENERAL   LaWS.  1151 

Chapter  158.  —  Certain  Miscellaneous  Corporations. 

Sect.  43,  last  paragraph  amended,  1953,  282, 

Chapter  159.  —  Common  Carriers. 

Sect.  12,  paragraph  (a)  revised,  1945,  175. 

Sect.  14A  added,  1941,  713  (authorizing  the  department  of  public 
utilities  to  regulate  rates  for  the  transportation  of  persons  or  property 
within  the  commonwealth  by  common  carriers  by  aircraft). 

Sect.  15,  paragraph  added  at  end,  1937,  247;  same  paragraph  stricken 
out,  1938,  155  §  2;  section  amended,  1951,  681,  726. 

Sect.  16A  added,  1938,  243  (relative  to  the  discontinuance  of  service 
by  railroads) . 

Sect.  20  amended,  1939,  18. 

Sect.  21,  sentence  inserted  after  first  sentence,  1946,  214. 

Sect.  24,  second  sentence  revised,  1945,  647  §  1. 

Sect.  27  revised,  1945,  647  §  2. 

Sect.  28  revised,  1945,  647  §  3. 

Sect.  29  revised,  1945,  647  §  4. 

Sect.  30  revised,  1945,  647  §  5. 

Sect.  32,  first  sentence  revised,  1945,  199. 

Sect.  34A  added,  1945,  577  (relative  to  affiliated  companies  of  com- 
mon carriers). 

Sect.  59  revised,  1933,  326  §  1. 

Sect.  60  amended,  1933,  326  §  2;   1941,  233. 

Sect.  61  amended,  1933,  326  §  3;   1946,  437  §  1. 

Sect.  62  amended,  1933,  326  §  4;   1946,  437  §  2. 

Sect.  63  amended,  1946,  437  §  3. 

Sect.  65  amended,  1937,  270. 

Sect.  70  revised,  1934,  357  §  1. 

Sect.  80  amended,  1934,  357  §  2. 

Sect.  89  revised,  1936,  363  §  1;  amended,  1951,  24  §  1;  1953,  42  §  1. 
(See  1953,  42  §  4.) 

Sect.  90  revised,  1936,  363  §  2;  amended,  1951,  24  §  2. 

Sect.  91  revised,  1936,  363  §  3. 

Sect.  92  amended,  1936,  363  §  4;   1951,  24  §  3. 

Sect.  93  amended,  1936,  363  §  5;   1951,  24  §  4. 

Sect.  94  amended,  1936,  363  §  6;  1951,  24  §  5;  1953,  319  §  23. 
(See  1953,  319  §§  39,  40.) 

Sect.  95  amended,  1951,  24  §  6. 

Sect.  98  amended,  1948,  550  §  32. 

Sect.  99  amended,  1948,  550  §  33. 

Sect.  101  revised,  1950,  116. 

Sect.  103  amended,  1933,  10;   1941,  54;  1943,  322  §  1. 

Sect.  104,  first  sentence  revised,  1950,  117  §  1.  (See  1950,  117 
§  2.) 

Chapter  159A.  —  Common  Carriers  of  Passengers  by  Motor  Vehicle. 

[Title  amended,  and  headings,  "part  i",  "carriers  of  passengers 
BY  motor  vehicle",  inserted  before  section  1,  1933,  372  §  1.] 
Sect.  1  revised,  1948,  550  §  34;   1949,  297  §  11. 


1152  Changes  in  the  [Chap.  159B. 

Sect.  2  revised,  1947,  258  §  1.    (See  1947,  258  §  2.) 

Sect.  4,  first  sentence  stricken  out  and  three  sentences  inserted,  1945, 
318  §  1.    (See  1945,  318  §  2.) 

Sect.  7A  added,  1949,  449  (relative  to  the  transfer  of  certificates, 
licenses  and  permits  issued  for  certain  common  carriers) ;  first  sentence 
revised,  1952,  355;  second  paragraph  amended,  1951,  160;  two  sen- 
tences added  at  end,  1954,  281. 

Sect.  10,  paragraph  added  at  end,  1945,  585. 

[Sects.  17-30  added,  under  headings,  "part  ii",  "carriers  of 
property  by  motor  vehicle",  1933,  372  §  2  (regulating  carriers  of 
property  by  motor  vehicle).] 

Note— '1933,  372  repealed  by  1934,  264  §  5. 

Sect.  11 A  added,  1939,  404  §  1  (placing  special  and  chartered  buses, 
so  called,  under  the  supervision  of  the  department  of  public  utilities) ; 
amended,  1941,  480;    revised,  1947,  482  §  1;    first  sentence  revised, 

1953,  268  §  1;  first  paragraph  revised,  1954,  319  §  1;  second  paragraph 
revised,  1954,  319  §  2;  third  paragraph  amended,  1948,  484;  1950, 
501;  1951,161;  1954,307.  (See  1939,  404  §  2;  1947,  482  §  2;  1953, 
268  §  2;  1954,  319  §  3.) 

Sect.  15  revised,  1949,  609. 

Chapter  159B.  —  Carriers  of  Property  by  Motor  Vehicle. 

New  chapter  inserted,  1934,  264  §  1. 

Chapter  stricken  out  and  new  chapter  159B  (with  same  title)  inserted, 
1938,  483  §  1.     (See  1938,  483  §§  2-5.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  159B  as  so  inserted; 

Sect.  2,  definition  of  "Irregular  route  common  carrier"  revised,  1941, 
653  §  2;  definition  of  "Regular  route  common  carrier"  revised  and 
paragraph  defining  "Regular  routes"  added,  1941,  653  §  3;  definition 
of  "Agricultural  carrier  by  motor  vehicle"  inserted,  1941,  704  §  1;  defi- 
nitions of  "Contract  carrier  by  motor  vehicle",  "Motor  carrier"  and 
"Permit"  revised,  1941,  704  §  2;  definition  of  "Motor  Carrier"  revised, 
1951,  664  §  3;  definition  of  "Property"  inserted,  1949,  346  §  1;  revised, 

1954,  87;  definition  of  "Motor  Vehicle"  stricken  out  and  definition  of 
"Commercial  Motor  Vehicle"  inserted,  1951,  664  §  1;  definition  of 
"Private  Carrier"  inserted,  1951,  664  §  2;  revised,  1952,  483;  1955, 
569.    (See  1941,  704  §  4.) 

Sect.  3,  introductory  paragraph  amended,  1945,  400  §  1 ;  paragraph 
(6)  revised,  1941,  592  §  1;  paragraph  (c)  revised,  1945,  400  §  2;  amended, 
1946,  420  §  1;  revised,  1947,  52  §  1;  paragraph  (d)  revised,  1950,  189. 
(See  1945,  400  §  8;   1946,  420  §  2;   1947,  52  §  2.) 

Sect.  4,  second  paragraph  revised,  1945,  400  §  3;  third  paragraph 
revised,  1941,  592  §  2;  paragraph  added  at  end,  1951,  384  §  1.  (See 
1951,  384  §  2.) 

Sect.  6,  fifth  paragraph  amended,  1951,  664  §  4;  stricken  out,  1955, 
353  §  1. 

Sect.  6A  added,  1955,  353  §  2  (relative  to  the  responsibihty  for  illegal 
rate  practices  by  common  carriers  by  motor  vehicle). 

Sect.  7,  paragraph  (a)  revised,  1939,  171;  amended,  1950,  187; 
paragraph  (6)  amended,  1945,  343. 


Chap.  160.]  GENERAL  LawS.  1153 

Sect.  9  amended,  1941,  483  §  1;  1946,  376  §  1;  sentence  added  at 
end,  1947,  52  §  3;  section  revised,  1954,  553. 

Sect.  10,  paragraph  added  at  end,  1939,  306;  amended,  1941,  483 
§  2;  paragraph  added  at  end,  1945,  379;  section  amended,  1946,  376 
§  2;  first  paragraph  amended,  1954,  481;  second  paragraph  revised, 
1953,  423. 

Sect  lOA  added,  1939,  322  (relative  to  replacing  lost  or  mutilated 
plates  and  lost  or  destroyed  certificates,  permits  and  licenses  issued  to 
carriers  of  property  by  motor  vehicle);  sentence  added  at  end,  1945, 
644  §  1;  section  revised,  1953,  309;  sentence  inserted  before  first  sen- 
tence, 1954,  288. 

Sect.  lOB  added,  1946,  376  §  3  (relative  to  the  issuance  of  certain 
distinguisliing  plates  to  carriers  of  property  by  motor  vehicle  and  to 
the  use  of  such  plates) ;   revised,  1954,  440. 

Sect.  11  amended,  1941,  483  §  3;  first  sentence  of  first  paragraph 
revised,  1948,  616  §  1;  amended,  1950,  186;  second  sentence  of  last 
paragraph  revised,  1945,  644  §  2;  same  sentence  revised,  1948,  616  §  2; 
paragraph  added  at  end.  1951,  158. 

Sect.  12,  first  paragraph  revised,  1941,  653  §  4;  second  sentence 
amended,  1945,  400  §  4;  second  paragraph  revised,  1954,  293. 

Sect.  13  amended,  1941,  692;  1945,  400  §  5;  first  sentence  revised, 
1951,  262. 

Sect.  14  amended,  1941,  653  §  5;   1945,  400  §  6;   1949,  346  §  2. 

Sect.  14  stricken  out  and  sections  14-14B  inserted,  1951,  664  §  5 
(relative  to  the  powers  and  duties  of  investigators  and  examiners  of 
the  commercial  motor  vehicle  division  of  the  department  of  public 
utilities). 

Sect.  14B  amended,  1952,  255. 

Sect.  15A  added,  1941,  704  §  3  (relative  to  agricultural  carriers  of 
property  by  motor  vehicles).     (See  1941,  704  §  4.) 

Sect.  16A  added,  1939,  307  (giving  the  department  of  public  utilities 
authority  to  obtain  certain  information  of  persons  engaged  in  leasing 
motor  vehicles  for  the  transportation  of  property  for  hire). 

Sect.  17  revi.sed.  1951.  664  §  6. 

Sect.  19  amended,  1949,  187. 

Sect.  21,  first  paragraph  amended,  1951,  664  §  7;  second  paragraph 
amended,  1950,  194. 

Chapter  160.  —  Railroads. 

Sect.  38  revised,  1946,  226. 

Sect.  68  revised,  1943.  33. 

Sect.  70  amended,  1932,  238. 

Sect.  70A  revised,  1932,  236;  amended,  1934,  264  §  3. 

Sect.  85  amended,  1941,  53. 

Sect.  102  amended,  1941,  496  §  1. 

Sect.  104  revised,  1933,  176;  two  sentences  inserted  after  second 
sentence,  1955,  231. 

Sect.  106  revised,  1953,  332. 

Sect.  131 A  added,  1948,  639  (authorizing  certain  corporations  to 
own  and  operate  railroad  terminal  facilities). 

Sect.  133A  added,  1955,  491  (relative  to  switch  stands  on  railroad 
tracks). 


1154  Changes  in  the  [Chap.  161. 

Sect.  134  amended,  1941,  273  §  1;  revised,  1953,  216. 

Sect.  134A  added,  1950,  815  §  1  (relative  to  the  proper  clearance  of 
tracks  in  railroad  yards);  amended,  1953,  667;  sentence  added  at  end, 
1954,  239. 

Sect.  138  amended,  1941,  273  §  2. 

Sect.  142  amended,  1938,  29;  revised,  1947,  584  §  1;  second  and 
third  sentences  revised,  1951,  461  §  1.  (See  1947,  584  §  2;  1951, 
461  §  2.) 

Sect.  144  revised,  1945,  301. 

Sect.  147  revised,  1947,  498. 

Sect.  163 A  added,  1952,  430  §  1  (requiring  track  motor  cars  operated 
by  railroads  to  be  equipped  with  windshields  and  tops).  (See  1952, 
430  §  2.) 

Sect.  167  amended,  1941,  273  §  3. 

Sect.  176A  added,  1951,  174  §  1  (requiring  lights  on  track  motor 
cars  operated  by  railroads).     (See  1951,  174  §  2.) 

Sect.  185A  added,  1943,  333  (providing  that  railroad  and  terminal 
corporations  shall  provide  reasonable  lavatory  and  sanitary  facilities 
for  their  employees) ;  repealed,  1955,  669  §  3. 

Sect.  198A.     See  1936,  267. 

Sect.  198B  added,  1936,  267  (prohibiting  the  scalping,  so  called,  of 
tickets  issued  by  railroad  corporations). 

Sect.  219  amended,  1953,  42  §  2.    (See  1953,  42  §  4.) 

Sect.  220  amended,  1953,  42  §  3.    (See  1953,  42  §  4.) 

Sect.  232  amended,  1947,  506  §  6;  revised,  1949,  427  §  10.  (See 
1949,  427  §  11.) 

Sect.  235  amended,  1941,  490  §  38. 

Sect.  245  amended,  1941,  273  §  4,  496  §  2. 

Chapter  161.  —  Street  Railways. 

Name  of  Metropolitan  Transit  District  changed  to  Boston  Metro- 
politan District,  and  authority  to  issue  notes  and  bonds  defined,  1932, 
147. 

Temporary  act,  extending  to  January  15,  1939,  the  period  of  pubhc 
control  and  management  of  the  Eastern  Massachusetts  Street  Railway 
Company,  1933,  108;  further  extension  of  five  years,  1938,  173;  fur- 
ther extension  of  five  years,  1943,  98. 

Temporary  acts  relative  to  the  purchase  of  bonds  of  the  Boston 
Elevated  Railway  Company  by  the  Boston  MetropoUtan  District, 
1933,  235;  1934,  334;  1935,  451;  1936,  308;  1937,  357;  1941,  567; 
1947,  92. 

Act  providing  for  the  creation  of  the  Metropolitan  Transit  Authority 
and  the  acquisition  and  operation  by  it  of  the  entire  assets,  property 
and  franchises  of  the  Boston  Elevated  Railway  Company,  1947,  544. 

Sect.  20A  amended,  1939,  28. 

Sect.  35  amended,  1943,  342. 

Sect.  42,  third  sentence  amended,  1934,  328  §  20. 

Sect.  44  amended,  1934,  264  §  4. 

Sect.  69A  added,  1954,  576  (authorizing  the  merger  of  certain  asso- 
ciations or  trusts  with  street  railway  companies). 

Sect.  77  revised,  1934,  310  §  1. 

Sect.  86  revised,  1934,  310  §  2. 


Chaps.  163,  164.]  GENERAL  LaWS.  1155 

Sect.  91 A  added,  1935,  101  (relative  to  the  number  of  guards  on 
passenger  trains  operated  by  street  railway  companies). 
Sect.  94  revised,  1950,  118. 
Sect.  107,  first  paragraph  amended,  1946,  253. 

Chapter  163.  —  Trackless  Trolley  Companies. 

Sect.  12  added,  1932,  185  (requiring  trackless  trolley  companies  to 
furnish  security  for  civil  liability  on  account  of  personal  injuries  or 
property  damage  caused  by  their  vehicles). 

Sect.  13  added,  1943,  141  (providing  a  penalty  for  the  improper  opera- 
tion of  trackless  trolley  vehicles,  so  called). 

Chapter  164.  —  Manufacture  and  Sale  of  Gas  and  Electricity. 

For  legislation  authorizing  compacts  relative  to  the  interstate  trans- 
mission of  electricity  and  gas,  see  1933,  294, 

Sect.  4  amended,  1938,  44. 

Sect.  6,  paragraph  (e)  revised,  1947,  48. 

Sect.  13  revised,  1950,  237;   1953,  85. 

Sect.  14  amended,  1935,  222. 

Sect.  15  revised,  1950,  393;  first  sentence  revised,  1955,  188. 

Sect.  17A  added,  1932,  132  (regulating  the  lending  of  money  by  gas 
and  electric  companies);  revised,  1954,  95  §  1.     (See  1954,  95  §  2.) 

Sect.  19,  sentence  inserted  after  first  sentence,  1953,  328. 

Sect.  31  amended,  1939,  301  §  2. 

Sect.  33  amended,  1932,  180  §  32;   1953,  283. 

Sect.  34  amended.  1937,  235  §  1.    (See  1937,  235  §  2.) 

Sect.  59  revised,  1953,  502. 

Sect.  69 A  added,  1950,  419  (authorizing  the  purchase,  sale  and  dis- 
tribution of  natural  gas  by  certain  cities  and  towns). 

Sect.  70A  revised,  1948,  550  §  35. 

Sects.  75B-75D  added,  1950,  462  (relative  to  natural  gas  pipe  line 
companies). 

Sect.  75E  added,  1951,  574  §  1  (providing  for  rules  and  regulations 
relative  to  the  transmission,  distribution  and  use  of  natural  gas).  (See 
1951,  574  §  2.) 

Sect.  75F  added,  1952,  192  (providing  a  penalty  for  failure  of  natural 
gas  pipe  line  companies  to  restore  properties  to  reasonable  condition). 

Sect.  75G  added,  1953,  132  §  1  (requiring  natural  gas  pipe  fine  com- 
panies to  mark  location  of  underground  pipes,  equipment  and  struc- 
tures on  certain  land).     (See  1953,  132  §  2.) 

Sect.  76A  added,  1935,  335  §  1  (giving  to  the  department  of  public 
utilities  supervision  over  certain  affiliates  of  gas  and  electric  companies). 

Sect.  84A  added,  1934,  202  §  1  (requiring  gas  and  electric  companies 
to  make  additional  annual  returns). 

Sect.  85,  second  paragraph  amended,  1935,  335  §  2. 

Sect.  85A  added,  1933,  202  §  1  (requiring  the  filing  with  the  depart- 
ment of  public  utilities  of  certain  contracts  of  gas  and  electric  com- 
panies with  affiliated  companies). 

Sect.  94.  paragraph  in  lines  29-37  amended,  1939,  178  §  1 ;  section 
amended,  1948,  471.    (See  1939,  178  §  2.) 

Sect.  94A  amended,  1941,  400  §  1. 


1156  Changes  in  the  [Chaps.  165, 166. 

Sect.  94B  amended,  1941,  400  §  2. 

Sect.  94C  added,  1935,  227  (relative  to  payments,  charges,  contracts, 
purchases,  sales  or  obligations  or  other  arrangement  between  gas  or 
electric  companies  and  affiliated  companies,  and  the  burden  of  proving 
the  reasonableness  thereof). 

Sect.  94D  added,  1936,  243  (prohibiting  gas  and  electric  companies 
from  collecting  penalty  charges  for  delinquency  in  the  payment  of  bills 
for  gas  or  electricity  used  for  domestic  purposes). 

Sect.  94E  added,  1941,  400  §  3  (relative  to  notice  of  the  termination 
of  certain  contracts  of  gas  and  electric  companies). 

Sect.  94F  added,  1953,  331  (providing  for  refunds  by  gas  companies 
in  certain  cases). 

Sect.  96  revised,  1939,  229  §  1. 

Sect.  97  amended,  1943,  55. 

Sect.  100  revised,  1950,  94. 

Sect.  102  revised,  1939,  229  §  2. 

Sect.  105A  added,  1932,  119  (regulating  the  storage,  transportation 
and  distribution  of  gas). 

Sect.  115A  added,  1936,  259  §  1  (requiring  the  periodic  replacement 
of  meters  for  measuring  gas) ;  amended,  1937, 40  §  1 ;  paragraph  added  at 
end,  1952,  520  §  1.    (See  1936,259  §§2,3;  1937,  40  §§2,3;  1952,  620  §2.) 

Sect.  119  revised,  1934,  365. 

Sect.  119A  added,  1936,  76  §  1  (requiring  bills  for  gas  or  electricity 
used  for  domestic  purposes  to  be  itemized) ;  revised,  1939,  145  §  1.  (See 
1936,  76  §  2;   1939,  145  §  2.) 

Sect.  120,  fifth  sentence  revised,  1953,  154. 

Sect.  124  amended,  1935,  237,  376  §  2;   1952,  102. 

Sect.  124 A  added.  1935,  376  §  1  (relative  to  the  shutting  off  of  gas 
or  electric  service  in  homes  where  there  is  serious  illness). 

Chapter  165.  —  Water  and  Aqueduct  Companies. 

Sect.  2  amended,  1955,  187. 

Sect.  2A  added,  1954,  610  (relative  to  the  filing  of  schedules  of 
water  rates,  prices  and  charges  of  water  districts  with  the  department 
of  public  utilities). 

Sect.  4A  added,  1933,  202  §  2  (requiring  the  filing  with  the  depart- 
ment of  public  utilities  of  certain  contracts  of  water  companies  with 
affiliated  companies). 

Sect.  19  repealed,  1941,  275  §  1. 

Sect.  28  added,  under  caption  "general  provisions",  1941,  275  §  2 
(further  regulating  the  acquisition  and  holding  of  real  estate  by  water 
and  aqueduct  companies). 

Chapter   166.  —  Telephone   and   Telegraph   Companies,    and   Lines   for   the 
Transmission  of  Electricity. 

Sect.  12 A  added,  1934,  202  §  2  (requiring  telephone  and  telegraph 
companies  to  make  additional  annual  returns). 

Sect.  15A  added,  1935,  242  (regulating  charges  by  telephone  com- 
panies for  the  use  of  hand  sets,  so  called). 

Sect.  15B  added,  1939,  162  (authorizing  the  sale  and  transfer  of 
property  and  the  transfer  of  locations  by  domestic  telephone  and  tele- 
graph companies  to  domestic  or  foreign  telephone  and  telegraph  com- 
panies and  validating  certain  locations  so  transferred). 


Chap.  167.]  GENERAL  LaWS.  1157 

Sect.  15C  added,  1955,  120  (relating  to  priority  of  emergency  calls 
on  party  line  telephones). 

Sect.  21  amended,  1939,  161;  revised,  1951,  476  §  1. 

Sect.  22,  second  paragraph  amended,  1932,  36;  third  paragraph 
revised,  1948,  550  §  36. 

Sect.  22A  added,  1932,  266  (relative  to  the  placing  underground  of 
certain  wires);  revised,  1933,  251. 

Sect.  25  revised,  1951,  476  §  2. 

Sect.  28  revised,  1948,  550  §  37. 

Sect.  29  revised,  1951,  476  §  3. 

Sect.  32  revised,  1949,  529. 

Sect.  35  revised,  1951,  476  §  4. 

Sect.  36  amended,  1951,  476  §  5. 

Chapter  167.  —  Banks  and  Banking. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;  amended, 
1936,  149  §§  2-4;    1938,  125  §§  1,  2;    1939,  149  §§  2,  3;    1941,  78  §  2. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  shares  in  co-operative  banks,  see  1934,  73;  amended,  1935, 
76,  80;  1936,  155;  1938,  244  §§  2-5;   1939,  227  §§  2-5. 

For  temporary  act  providing  for  the  liquidation  of  certain  tiaist  com- 
panies, see  1939,  515;   1941,  143;   1943,  122. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  defense  savings  bonds  and  defense 
postal  savings  stamps,  see  1941,  221,  575. 

For  temporary  legislation  authorizing  banking  institutions  to  make 
loans  to  veterans  of  World  War  IT  guaranteed  or  insured  by  the  ad- 
ministrator of  veterans'  affairs,  see  1945,  46;   1946,  126;   1947,  110. 

For  temporary  legislation  suspending  the  law  authorizing  banks  to 
verifv  deposit  or  pass  books  of  depositors  or  shareholders,  see  1943,  30; 
1948";  19;  repealed,  1949,  357  §  4. 

Sect.  1  amended,  1935,  452  §  1. 

Sect.  2  revised,  1934,  251;  first  paragraph  amended,  1935,  452  §  2; 
revised,  1948,  527  §  1;  last  sentence  revised,  1951,  566;  third  para- 
graph revised,  1950,  428.     (See  1948,  527  §  5.) 

Sect.  2A  added,  1933,  310  (improving  the  method  of  examination  of 
banks). 

Sect.  4  amended,  1934,  270  §  1. 

Sect.  5  revised,  1933,  337;  second  paragraph  amended,  1954,  681 
§  16.     (See  1954,  681  §§  20,  22.) 

Sect.  6  revised,  1945,  164. 

Sect.  9  revised,  1939,  499  §  8;   1945,  292  §  11;   1949,  592  §  1. 

Sect.  11  revised,  1934,  270  §  2;  amended,  1950,  480  §  1;  1955, 
432  §  6.    (See  1955,  432  §  4.) 

Sect.  IIA  added,  1938,  266  §  1  (placing  all  corporations  conducted 
on  the  Morris  plan  under  the  supervision  of  the  commissioner  of  banks 
and  further  regulating  the  business  of  banking  companies). 

Sects.  IIB  and  IIC  added,  1950,  368  (providing  that  certain  viola- 
tions of  laws  relating  to  banks  shall  be  reported  to  the  commissioner  of 
banks  and  to  the  district  attorney). 

Sect.  12  revised,  1935,  452  §  3;  two  sentences  added  at  end,  1951,  765; 
section  revised,  1954,  250. 


1158  Changes  in  the  [Chap.  167. 

Sect.  13,  paragraph  added  at  end,  1948,  527  §  2.    (See  1948,  527  §  5.) 

Sect.  14  revised,  1933,  334  §  1;   1949,  289  §  1. 

Sect.  16  revised,  1949,  370. 

Sect.  17  repealed,  1933,  334  §  2. 

Sect.  18  amended,  1943,  110  §  1;   1955,  432  §  7.    (See  1955,  432  §  4.) 

Sect.  20  amended,  1933,  190;   1943,  22. 

Sect.  20A  added,  1933,  292  (permitting  certain  public  officers  to 
participate  in  certain  bank  reorganizations). 

Sects.  22-36.     See  1934,  43  §  11. 

Sect.  22,  second  paragraph  amended,  1943,  121.  (See  1933,  59  §  5, 
112  §9.) 

Sect.  23.     See  1933,  112  §  6. 

Sect.  24  amended,  1932,  294;  1933,  41  §  4;  1955,  432  §  8.  (See  1955, 
432  §  4.) 

Sect.  31 A  added,  1933,  277  (authorizing  payment  of  dividends  on 
small  deposits  in  closed  banks  to  certain  minors  and  to  the  next  of  kin 
of  certain  deceased  persons  without  probate  proceedings);  revised, 
1937,  170. 

Sect.  35.     See  1936,  428. 

Sect.  35A  added,  1933,  302  (authorizing  the  destruction  of  certain 
books,  records  and  papers  relating  to  closed  banks). 

Sect.  35B  added,  1934,  241  (providing  for  semi-annual  reports  by 
the  commissioner  of  banks  as  to  progress  of  liquidation  of  certain  banks). 

Sect.  36  amended,  1939,  451  §  58. 

Sect.  37,  third  sentence  amended,  1949,  592  §  2. 

Sect.  37A  added,  1949,  640  (relative  to  the  establishing  of  branches 
of  financial  institutions). 

Sect.  46  amended,  1943,  110  §  2. 

Sect.  47  amended,  1943,  110  §  3. 

Sect.  48  added,  1939,  244  §  6  (relative  to  payments  of  moneys  on 
deposit  in  the  name  of  a  minor). 

Sect.  49  added,  1941,  444  (relative  to  adverse  claims  to  certain  bank 
deposits  and  to  certain  securities  held  by  banks  for  the  account  of 
others). 

Sect.  50  added,  1945,  37  §  1  (making  permanent  the  law  authorizing 
certain  banking  institutions  to  take  certain  first  mortgages  on  real 
estate).  (See  1945,  37  §  2.)  For  prior  temporary  legislation  see  1936, 
191;  405  §2;   1939,98;   1941,40. 

Sect.  51  added,  1945,  66  §  1  (making  permanent  the  law  relative  to 
the  making  bj'-  certain  banking  institutions  of  loans  insured  by  the 
federal  housing  administrator);  amended,  1948,  101;  last  sentence 
revised,  1947,  89;  amended,  1950,  480  §  3;  section  revised,  1950,  598; 
last  sentence  revised,  1955,  432  §  9.     (See  1943,  339;    1945,  66  §  2; 

1950,  480  §  4;    1955,  432  §  4.)     For  prior  temporary  legislation  see 
1935,  162;  1937,  240;  1939,  241;  1941,  260;   1943,  126. 

Sect.  52  added,  1946,  284  (permitting  banks  to  close  on  Saturdays 
during  June,  July,  August  and  September);   amended,  1947,  9. 

Sect.  53  added,  1947,  169  (relative  to  the  liability  of  banks  to  their 
depositors  for  non-payment  of  checks). 

Sect.  54  added,  1949,  428  (relative  to  the  registration  of  trust  securi- 
ties in  the  names  of  nominees  by  banks  doing  a  trust  business) ;  amended, 

1951,  76. 

Sect.  55  added,  1950,  287  §  1  (relative  to  presentment  of  certain 
demand  instruments  payable  by,  at  or  through  banks). 


Chaps.  168-170.]  GENERAL   LawS.  1159 


Chapter  168.  —  Savings  Banks. 

For  temporary  act,  establishing  the  Mutual  Savings  Central  Fund, 
Inc.,  for  the  term  of  five  years,  see  1932,  44;  term  extended  to  ten 
years,  1936,  149  §  1;  term  extended  to  twenty-five  years,  1939,  149  §  1; 
act  amended,  1941,  78  §  1. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  deposits  in  certain  savings  banks,  see  1934,  43;  amended, 
1936,  149  §§  2-4;  1938,  125  §§  1,  2;  1939,  149  §§  2,  3;  1941,  78  §  2; 
1952,  31,  534;   1955,  432  §§  18-22. 

For  temporary  act  modifying  the  requirements  for  making  certain 
railroad  bonds  legal  investments  for  savings  banks,  institutions  for  sav- 
ings and  trust  companies  in  their  savings  departments,  see  1939,  87; 
1941,  115;  temporary  act  repealed,  1941,  413  §  11. 

For  temporary  act  to  enable  certain  banking  institutions  to  co- 
operate in  the  distribution  of  United  States  Defense  Savings  Bonds  and 
Defense  Postal  Savings  Stamps,  see  1941,  221,  575. 

For  an  act  creating  the  Savings  Bank  Investment  Fund  as  an  addi- 
tional means  of  investment  for  savings  banks,  see  1945,  283  §§  1-11; 
1955,  432  §  23  (See  1955,  432  §§  2-4.) 

Chapter  stricken  out  and  new  chapter  168  inserted,  1955,  432  §  1.  (See 
1955,  432  §§  2-4.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves 
of  1954. 

Chapter  169.  —  Deposits  with  Others  than  Banks. 

Sect.  1  amended,  1949,  64  §  1;   1950,  95. 
Sect.  3,  last  sentence  revised,  1949,  64  §  2. 
Sect.  6  amended,  1949,  64  §  3;  592  §  3. 
Sect.  7  amended,  1949,  64  §  4. 
Sect.  8  revised,  1949,  64  §  5. 

Chapter  170.  —  Co-operative  Banks. 

For  temporary  act,  establishing  the  Co-operative  Central  Bank  for 
the  term  of  five  years,  see  1932,  45;  term  extended  to  ten  years,  1935, 
82;  amount  which  a  member  bank  may  borrow  without  collateral  fur- 
ther regulated,  1935,  136;  1941,  86;  term  further  extended  to  twenty- 
five  years,  1938,  244  §  1;  refunds  to  member  banks  regulated,  1939, 
227  §  1;   act  further  amended,  1943,  219. 

For  temporary  act,  providing  for  the  establishment  of  a  fund  for  the 
insurance  of  shares  in  co-operative  banks,  see  1934,  73;  amended,  1935, 
76,  80;    1936,  155;    1938,  244  §§  2-5;    1939,  227  §§  2-5;    1945,  116. 

For  temporary  act  to  enable  certain  banking  institutions  to  co-operate 
in  the  distribution  of  United  States  Defense  Savings  Bonds  and  Defense 
Postal  Savings  Stamps,  see  1941,  221,  575. 

For  temporary  act  to  enable  certain  co-operative  banks  to  invest 
funds  in  certain  securities,  see  1948,  50. 

Chapter  stricken  out,  and  new  chapter  170  inserted,  1933,  144. 
Chapter  stricken  out,  and  new  chapter  170  inserted,  1950,  371   §  1.      (See 
1950,  371  §§  2-4;    1952,  148.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 


1160  Changes  in  the  [Chap.  171. 

The  following  references  are  to  chapter  170  as  so  inserted: 

Sect.  1,  definition  of  "Share  capital"  or  "share  hability"  revised, 
1952,  168  §  1;  definition  of  "Shareholder"  or  "member"  revised,  1952, 
168  §  lA;   "Net  profits"  defined,  1953,  87  §  1. 

Sect.  7,  first  paragraph  revised,  1952,  168  §  2. 

Sect.  13,  first  sentence  revised,  1952,  168  §  3;  subsection  1,  para- 
graph {d)  amended,  1952,  257  §  1.  (See  1952,  257  §  3.)  See  1950, 
480  §  2. 

Sect.  16,  first  two  paragraphs  revised,  1954,  108. 

Sect.  17  revised,  1952,  257  §  2.    (See  1952,  257  §  3.) 

Sect.  24,  subsection  2  amended,  1955,  118  §  1;  subsection  3  amended, 
1955,  118  §  2;  subsection  4  revised,  1955,  146;  subsection  8  amended, 

1952,  137. 

Sect.  26,  subsections  1  and  2  revised,  1955,  432  §  10.  (See  1955, 
432  §  4.) 

Sect.  37  revised,  1953,  87  §  2. 

Sect.  38,  second  paragraph  amended,  1955,  257  §  2.    (See  1952,  149; 

1953,  72;   1954,  463  §  1;   1955,  257  §  1.) 

Sect.  51,  third  paragraph  amended,  1954,  109  §  1;  last  paragraph 
amended,  1954,  109  §  2. 

Chapter  171.  —  Credit  Unions. 

For  temporary  act,  estabhshing  the  Central  Credit  Union  Fund,  Inc., 
for  the  term  of  five  years,  see  1932,  216;  amended,  1934,  221;  1939, 
112  §  2.  Term  extended  to  ten  years,  1936,  70.  Term  extended  to 
twenty  years,  1941,  177. 

For  temporary  act  to  enable  certain  banking  institutions  to  co- 
operate in  the  distribution  of  United  States  Defense  Savings  Bonds 
and  Defense  Postal  Savings  Stamps,  see  1941,  221,  575. 

Sect.  3,  second  paragraph  revised,  1936,  323;  1948,  527  §  4.  (See 
1948,  527  §  5.) 

Sect.  5  amended,  1939,  112  §  1. 

Sect.  6,  paragraph  added  at  end,  1952,  162. 

Sect.  6A  added,  1946,  184  (to  authorize  deductions  from  wages  of 
employees  of  districts  and  municipalities  for  making  certain  payments 
to  credit  unions  of  such  employees);  repealed,  1947,  189  §  2.  (See 
G.  L.  chapter  149  §  178B,  inserted  by  1947,  189  §  1.) 

Sect.  8  revised.  1946,  49  §  1. 

Sect.  9  revised,  1946,  49  §  2. 

Sect.  10,  two  sentences  inserted  after  fifth  sentence,  1945,  81;  sec- 
tion revised,  1947,  87;  fourth  sentence  revised,  1949,  287. 

Sect.  15,  first  sentence  revised,  1952,  94;  last  sentence  stricken  out, 
and  paragraph  added  at  end,  1933,  163  §  1 ;  second  paragraph  amended, 
1955,  432  §  11;  new  paragraph  added,  1935,  272;  paragraph  added  by 
1935,  272  revised,  1936,  329.     (See  1955,  432  §  4.) 

Sect.  16,  second  sentence  amended,  1949,  286  §  1. 

Sect.  17,  sentence  added  at  end,  1952,  95.    See  1943,  30. 

Sect.  18  revised,  1955,  147. 

Sect.  19A  added,  1938,  239  (relative  to  the  liability  of  certain  en- 
dorsers upon  notes  held  by  credit  unions  and  authorizing  the  establish- 
ment of  contingent  funds  by  credit  unions) ;  revised,  1941,  79. 


Chap.  172.]  GENERAL  LawS.  1161 

Sect.  20A  added,  1936,  119  (relative  to  the  impairment  of  the  capital 
of  credit  vmions). 

Sect.  21  amended,  1933,  163  §  2;  1937,  228;  revised,  1943,  118; 
sentence  added  at  end,  1946,  76;  section  revised,  1949,  341;  first  sen- 
tence revised,  1951,  246;  amended,  1951,  654;  section  revised,  1953, 
121,  210;  amended,  1954,  179  §  1. 

Sect.  22,  paragraph  added  at  end,  1952,  88. 

Sect.  24,  paragraph  added  at  end  of  subdivision  (A),  1933,  163  §  3; 
first  four  paragraphs  and  subdivi.sion  (A)  revised,  1941,  102;  paragraph 
4  of  subdivision  (A)  revised,  1947,  85;  paragraph  5  of  subdivision  (A) 
amended,  1946,  47;  paragraph  7  of  subdivision  (A)  added,  1948,  65; 
subdivision  (A)  revised,  1950,  84;  1951,  117;  paragraph  1  of  subdivision 
(A)  revised,  1954,  122  §  1:  paragraph  2  of  subdivision  (A)  revised, 
1954,  122  §  2;  paragraph  5  of  subdivision  (A)  amended,  1952,  91; 
1953,  159  §  1;  paragraph  6  amended,  1953,  159  §  2;  revised,  1954, 
122  §  3;  subdivision  (B)  revised,  1945,  82;  1947,  178;  first  paragraph 
of  subdivision  (B)  amended,  1952,  163;  1955,  122;  paragraph  3  of  sub- 
division (B)  revised,  1952,  105  §  1;  paragraph  3A  of  subdivision  (B) 
added,  1953,  159  §  3;  paragraph  4  of  subdivision  (B)  stricken  out, 
1952,  105  §  2. 

Sect.  25,  first  paragraph  revised,  1949,  286  §  2. 

Sect.  27,  first  sentence  amended,  1949,  592  §  5. 

Sect.  29,  first  paragraph  revised,  1936,  139;  second  paragraph 
amended,  1950,  162  §  7;   1954,  179  §  2. 

Sect.  30  added,  1946,  90  (relative  to  the  consolidation  of  credit 
unions  and  the  conversion  of  foreign  credit  unions). 

Sects.  31-33  added,  1948,  509  §  1  (providing  for  the  establishment 
of  a  contributory  credit  union  employees  retirement  association).  (See 
1948,  509  §  2.) 

Sect  31,  fifth  paragraph  revised,  1954,  121  §  1;  paragraph  added  at 
end,  1954,  121  §  2. 

Chapter  172.  — Trust  Companies. 

For  temporarv  act  providing  for  the  liquidation  of  certain  trust 
companies,  see  1939,  515;   1941,  143;   1943,  122. 

Sect.  1  revised,  1934,  349  §  1. 

Sect.  7,  clause  Fourth  revised,  1934,  349  §  2 

Sect.  9,  fifth  sentence  amended,  1934,  349  §  3. 

Sect.  10,  first  paragraph  amended,  1934,  349  §  4. 

Sect.  11  revised,  1934,  349  §  5. 

Sect.  12  revised,  1934,  349  §  6. 

Sect.  13  revised,  1934,  349  §  7;  first  sentence  amended,  1950,  93 
§  1. 

Sect.  14  revised,  1934,  349  §  8;    1935,  40;   amended,  1936,  143  §  I. 

Sect.  14A  added,  1934,  349  §  9  (relative  to  the  submission  of  a  monthly 
report  by  the  treasurer  of  a  trust  company  to  its  board  of  directors); 
subparagraph  3  stricken  out  and  subparagraphs  3  and  3A  inserted, 
1939,  244  §  1;  subparagraph  3,  clause  (h)  revised,  1950,  93  §  2;  sub- 
paragraph 4  amended,  1950,  93  §  3;  last  paragraph  revised,  1950, 
93  §  4. 

Sect.  15  revised,  1934,  349  §  10. 


1162  Changes  in  the  [Chap.  172. 

Sect.  16,  paragraph  added  at  end,  1934,  349  §  11. 

Sect.  18  revised,  1934,  349  §  12;  amended,  1935,  18;  second  para- 
graph revised,  1943,  110  §  8. 

Sect.  19  amended,  1934,  349  §  13. 

Sect.  19A  added,  1943,  237  (providing  for  notice  to  the  commissioner 
of  banks  of  certain  transfers  of  stock  of  trust  companies). 

Sect.  24  revised,  1934,  349  §  14;  two  paragraphs  added  at  end, 
1937,  248. 

Sect.  25  amended,  1934,  349  §  15. 

Sect.  26  amended,  1934,  349  §  16;  revised,  1943,  21  §  2. 

Sect.  27,  three  sentences  added  at  end,  1946,  66. 

Sect.  30A,  sentence  added  at  end,  1934,  349  §  17;  same  sentence 
amended,  1947,  28. 

Sect.  31  revised,  1934,  349  §  18;  last  sentence  amended,  1939,  124; 
1949,  289  §  2;  revised,  1955,  432  §  12.    (See  1955,  432  §  4.) 

Sect.  33  revised,  1941,  484  §  1.     (See  1941,  484  §§  4,  5.) 

Sect.  34  revised,  1934,  349  §  19;  1939,  244  §  2;  amended,  1951,  23  §  1; 
two  paragraphs  added  at  end,  1955,  197. 

Sect.  34A  added,  1952,  150  (further  hmiting  the  investments  by  a 
trust  company  in  certain  loans  issued  by  the  federal  housing  commis- 
sioner). 

Sect.  40  revised,  1941,  484  §  2;  amended,  1945,  88;  temporarily 
affected,  1951,  729.     (See  1941,  484  §§  4,  5.) 

Sect.  40A  added,  1943,  261  (clarifying  the  limits  on  the  total  liabili- 
ties of  any  one  borrower  to  a  trust  company  in  its  commercial  and 
savings  departments);  temporarily  affected,  1951,  729;  revised,  1955, 
432  §  13.    (See  1955,  432  §  4.) 

Sect.  41,  sentence  added  at  end,  1947,  36;  same  sentence  revised, 
1952  93. 

Sect.  43  revised,  1934,  349  §  20;  1941,  484  §  3.  (See  1941,  484  §§ 
4  5.) 

'sect.  44  revised,  1939,  187;   amended,  1946,  87  §  1;   revised,  1955, 
275  §  1. 

Sect.  44A  added,  1933,  41  §  2  (authorizing  trust  companies  to  pur- 
chase, loan  upon  or  participate  in  loans  upon  the  assets  of  certain 
closed  and  other  banks) . 

Sect.  45  revised,  1934,  349  §  21;  amended,  1939,  244  §  3;  revised, 
1946,  87  §  2.     (See  1943,  192;    1946,  87  §  4.) 

Sect.  46  revised,  1934,  349  §  22;  amended,  1939,  244  §  4;  1946, 
87  §  3.     (See  1943,  192;   1946,  87  §  4.) 

Sect.  48  revised,  1934,  349  §  23;  paragraph  (c)  added  at  end,  1937, 
276. 

Sect.  54  amended,  1934,  349  §  24;   1935,  172  §  1. 

Sect.  54A  added,  1935,  172  §  2  (authorizing  trust  companies  under 
certain  conditions  to  deposit  in  their  commercial  departments  certain 
funds  held  in  their  trust  departments). 

Sect.  57  revised,  1934,  349  §  25. 

Sect.  60  amended,  1934,  349  §  26;  last  sentence  revised,  1951,  23  §  2. 

Sect.  61  amended,  1933,  41  §  3;  first  sentence  revised,  1955,  432 
§  14.    (See  1955,  432  §  4.) 

Sect.  62  amended,  1934,  349  §  27;  revised,  1941,  104. 

Sect.  66  revised,  1932,  245  §  2. 

Sect.  66A  revised,  1943,  27  §  2. 


Chap.  172A.]  GENERAL  LaWS.  1163 

Sect.  66B  added,  1949,  289  §  3  (establishing  the  time  within  which 
an  order  may  be  paid  notwithstanding  the  death  of  the  drawer). 

Sect.  67,  paragraph  added  at  end,  1933,  334  §  29  (regulating  the 
declaration  and  payment  of  interest  on  deposits  in  savings  depart- 
ments of  trust  companies). 

Sect.  68  amended,  1955,  432  §  15,    (See  1955,  432  §  4.) 

Sect.  69  amended,  1943,  110  §  7. 

Sect.  70  revised,  1949,  357  §  3.  (See  1943,  30;  1948,  19:  1949, 
357  §  4.) 

Sect.  74  amended,  1934,  349  §  28. 

Sect.  75  revised,  1934,  349  §  29;  last  sentence  revised,  1943,  193; 
1945,  53  §  1. 

Sect.  76  amended,  1934,  349  §  30. 

Sect.  80  revised,  1934,  349  §  31  (but  see  1934,  349  §  32);  next  to 
last  sentence  revised,  1945,  53  §  2. 

Sect.  82  added,  under  caption  "set-off  or  recoupment  of  de- 
posits", 1932,  295  §  1.     (See  1932,  295  §  2.) 

Sects.  83-89  added,  under  caption  "conservatorship",  1933,  87 
§  1. 

Sects.  83,  88.     See  1933,  112  §§  6,  9. 

Sect.  90  added,  1933,  273  (relative  to  the  enforcement  of  conserva- 
torship proceedings  in  respect  to  trust  companies). 

Chapter  172A.  —  Banking  Companies. 
New  chapter  inserted,  1935,  452  §  4. 

For  temporary  act  to  enable  certain  banking  institutions  to  co- 
operate in  the  distribution  of  United  States  Defense  Savings  Bonds 
and  Defense  Postal  Savings  Stamps,  see  1941,  221,  575. 

Sect.  1  revised,  1938,  266  §  2;  amended,  1941,  391  §  1.  (See  1941, 
391  §§  2,  3.) 

Sect.  1A  added,  1938,  266  §  3  (authorizing  certain  existing  corpora- 
tions to  vote  to  carry  on  the  business  of  a  banking  company  on  certain 
conditions). 

Sect.  2  amended,  1938,  266  §  4. 

Sect.  3  revised,  1938,  266  §  5;  fifth  sentence  amended,  1952,  97; 
sentence  added  at  end,  1948,  285. 

Sect.  4  amended,  1938,  266  §  6;   1949,  268  §  1. 

Sect.  5,  first  paragraph  revised,  1938,  266  §  7;  section  revised,  1948, 
148  §  1;  fourth  sentence  amended,  1953,  122;  last  paragraph  revised, 
1950,  92  §  1. 

Sect.  5A  added,  1948,  148  §  2  (relative  to  the  limitations  on  the 
amount  of  deposits  on  certificate  funds  in  banking  companies). 

Sect.  6  revised,  1938.  266  §  9. 

Sect.  6A  added,  1946,  115  §  1  (authorizing  certain  banking  com- 
panies to  receive  deposits  subject  to  withdrawal  by  check) ;  amended, 
1948,  150;  second  sentence  amended,  1953,  123;  1955,  163;  last  sen- 
tence revised,  1950,  92  §  2. 

Sect.  7,  preHminary  sentence  revised,  1946,  115  §  2;  clause  First, 
last  sentence  stricken  out,  1945,  192  §  1 ;  clause  Second  revised,  1943, 
208;  1948,35;  amended,  1952,96;  revised,  1955,  432  §  16  (see  1955, 
432  §  4);  clause  Fourth  added,  1945,  192  §  2;  revised,  1948,  100. 

Sect.  7A  added,  1938,  266  §  8  (relative  to  the  carrying  and  disposi- 


1164  Changes  in  the  [Chaps.  173-175. 

tion  by  certain  existing  corporations  of  certain  assets  not  authorized 
as  investments  after  they  become  subject  to  this  chapter). 

Sect.  7B  added,  1948,  36  (prohibiting  the  making  of  loans  by  bank- 
ing companies  on  the  security  of  their  own  shares  and  regulating  the 
acquisition  or  holding  by  them  of  such  shares). 

Sect.  8  amended,  1947,  39. 

Sect.  8A  added,  1948,  34  (prohibiting  the  making  of  loans  or  ex- 
tensions of  credit  by  banking  companies  to  their  own  executive  officers). 

Sect.  10,  first  sentence  amended,  1946,  115  §  3;  two  sentences  added 
at  end,  1949,  268  §  2. 

Sect.  12,  sentence  added  at  end,  1948,  37. 

Sect.  12A  added,  1948,  281  (relative  to  the  merger,  consolidation  or 
purchase  and  sale  of  assets  of  banking  companies);  revised,  1955, 
275  §  2. 

Sect.  15  added,  1941,  438  (authorizing  banking  companies  to  sell 
certain  negotiable  checks). 

Chapter  173.  —  Mortgage  Loan  Investment  Companies. 

Sect.  15  amended,  1949,  592  §  6. 
Sect.  16  revised,  1949,  592  §  7. 

Chapter  174.  —  Bond  and  Investment  Companies. 
Chapter  stricken  out,  1950,  822  §  1. 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

Chapter  174A.  —  Regulation  of  Rates  for  Fire,  Marine  and  Inland  Marine 
Insurance,  and  Rating  Organizations. 

New  chapter  inserted,  1947,  614  §  1.      (See  1947,  614  §  3.) 

Sect.  4,  first  paragraph  revised,  1955,  384  §  1. 
Sect.  6,  subsection  (/)  added,  1955,  384  §  2. 

Sect.  18,  paragraph  (c)  amended,  1954,  681  §  17.  (See  1954,  681 
§§  20,  22.) 

Chapter  175.  —  Insurance. 

For  legislation  authorizing  domestic  insurance  companies  to  invest 
in  real  estate  mortgages  insured  under  the  National  Housing  Act,  see 
1939,  359.  (See  also  1943,  339.)  [For  other  legislation,  see  1935,  162; 
1937,  240;    1939,  241;    1941.  260;    1943,  126;    1946,  125.] 

For  temporary  act,  modifying  the  requirements  for  investments  in 
real  estate  mortgages,  see  1936,  191;  amended,  1936,  405  §  2;  extended, 
1939,  98;   1941,  40. 

For  temporary  legislation  authorizing  insurance  companies  to  make 
loans  to  veterans  of  World  War  II  guaranteed  or  insured  by  the  ad- 
ministrator of  veterans'  affairs,  see  1945,  46;    1946,  126;    1947,  110. 

For  temporary  legislation  confirming  the  power  and  authority  of 
domestic  insurance  companies,  their  officers,  directors,  employees  and 
agents,  to  pay  certain  taxes  and  fees,  and  relating  to  liability  therefor, 
see  1945,  57;   1947,  80. 

Sect.  1,  definition  of  "Company"  revised,  1947,  488  §  10;  paragraph 
added  (after  definition  of  "Foreign  company")  defining  "Industrial 
life  insurance  pohcy"  or  "pohcy  of  industrial  life  insurance",  1943,  227 


Chap.  175.]  GENERAL  LaWS.  1165 

§  11;  paragraph  added  after  word  "law"  in  the  fifty-second  line,  1938, 
306  (defining  "resident"  with  respect  to  the  incorporators,  officers  and 
directors  of  insurance  companies).     (See  1943,  227  §§  13,  14.) 

Sect.  4,  first  paragraph  revised,  1938,  357  §  1;  fourth  paragraph 
amended,  1939,  472  §  4;   revised,  1941,  324. 

Sect.  5  amended,  1933,  107  §  2. 

Sect.  6,  first  paragraph  amended,  1933,  107  §  3;  section  amended, 
1939,  472  §  1;  first  paragraph  amended,  1939,  488  §  2;  last  sentence 
of  same  paragraph  revised,  1949,  242  §  1.     (See  1939,  488  §  9.) 

Sect.  9,  clause  Second  revised,  1941,  326  §  1;  clause  Fourth  revised, 
1941,  326  §  2;  section  revised,  1943,  227  §  1.     (See  1943,  227  §§  13,  14.) 

Sect.  10  revised,  1947,  217. 

Sect.  11,  first  paragraph  amended,  1934,  92  §  1;  revised,  1943,  207 
§  3;  1945,  605  §  2;  1947,  539;  third  paragraph  amended,  1933,  5. 
(See  1943,  207  §  4;   1945,  605  §  3.) 

Sect.  12  amended,  1943,  183  §  1.     (See  1943,  183  §  2.) 

Sect.  12A  added,  1943,  183  §  2  (relating  to  the  computation  of  re- 
serves required  of  certain  domestic  Hability  insurance  companies  with 
respect  to  certain  policies  of  liabiUty  insurance). 

Sect.  14  amended,  1939,  395  §  2;  revised,  1941,  635  §  3,  693;  para- 
graph inserted  after  paragraph  contained  in  line  14,  1943,  54  §  1;  re- 
vised, 1945,  593  §  1 ;  paragraph  contained  in  lines  22-26  revised,  1943, 
288;  seventeenth  paragraph  revised,  1943,  54  §  2,  227  §  2.  (See  1945, 
593  §  2.) 

Sect.  14A  added,  1949,  735  §  2  (relative  to  contributions  to  the 
expenses  of  the  Committee  on  Valuation  of  Securities  of  the  National 
Ass'n  of  Insurance  Commissioners,  and  the  assessment  upon  domestic 
life  insurance  companies  therefor). 

Sect.  16,  second  paragraph  amended,  1939,  395  §  3. 

Sect.  19A  amended,  1934,  137  §  2;  revised,  1941,  364  §  1. 

Sect.  19B  added,  1939,  375  (authorizing  domestic  insurance  com- 
panies to  merge  or  consolidate  with  foreign  insurance  companies  in 
certain  cases);  revised,  1941,  364  §  2. 

Sect.  19C  added,  1941,  364  §  3  (relative  to  rights  of  stockholders  of 
merging  or  consolidating  corporations). 

Sect.  20,  first  sentence  of  second  paragraph  amended,  1946,  508; 
second  sentence  of  second  paragraph  revised,  1948.  571;  new  paragraph 
inserted  after  fifth  paragraph,  1941,  343. 

Sect.  22A  revised,  1935,  234;  first  paragraph  amended,  1946,  158; 
last  paragraph  amended,  1938,  181 ;   section  revised,  1951,  327. 

Sect.  24,  sentence  added  at  end  of  first  paragraph,  1946,  244;  second 
paragraph  stricken  out,  1955,  384  §  3. 

Sect.  25,  first  paragraph  revised,  1950,  396  §  1;  second  paragraph 
revised,  1945,  159;  amended,  1950,  396  §  2;  third  paragraph  amended, 
1950,  225;  last  paragraph  of  Form  A  stricken  out,  1934,  12;  Forms  B 
and  C  revised,  1947,  488  §  2;  last  paragraph  of  section  amended,  1934, 
92  §2. 

Sect.  29  revised,  1939,  167;   1955,  636. 

Sect.  32  revised,  1938,  357  §  2;  amended,  1941,  342  §  1. 

Sect.  33  revised,  1946,  186. 

Sect.  35  revised,  1950,  63. 

Sect.  36,  second  paragraph  revised,  1935,  140;  1936,  61;  first  two 
paragraphs  revised,  1951,  125;  two  paragraphs  added  at  end,  1938, 
218  §  1;  third  paragraph  revised,  1954,  75. 


1166  Changes  in  the  [Chap.  175. 

Sect.  36A  added,  1948,  496  (relative  to  payment  of  retirement  or 
insurance  benefits  to  agents  and  agency  employees  of  certain  domestic 
insurance  corporations). 

Sect.  36B  added,  1954,  247  (to  permit  accident  and  health  insurance 
companies  to  cover  their  employees  for  accident  and  health  insurance). 

Sect.  47,  clause  First  revised,  1938,  176;  clause  Fourth  revised,  1938, 
307;  clause  Fifth  revised,  1954,  266;  clause  Sixth  amended,  1941,  243; 
1945,  436 ;  1951,  73 ;  clause  Seventh  amended,  1937,  261 ;  clause  Twelfth 
revised,  1935,  204;   clause  Seventeenth  added,  1946,  471  §  75. 

Sect.  48,  first  paragraph  revised,  1946,  471  §  2;  Unes  22  and  23 
stricken  out  and  new  paragraph  inserted,  1946,  471  §  3. 

Sect.  48A  revised,  1946,  471  §  4. 

Sect.  49,  first  paragraph  revised,  1954,  320  §  1 ;  paragraph  inserted 
after  second  paragraph,  1939,  15  §  2;  same  paragraph  stricken  out, 
1954,  320  §  2;  paragraph  contained  in  the  twenty-second  to  the  twenty- 
eighth  lines  revised,  1941,  342  §  2;  last  paragraph  stricken  out,  1941, 
342  §  3. 

Sect.  50,  first  sentence  revised,  1945,  609  §  1;  1954,  320  §  3;  third 
sentence  amended,  1932,  180  §  33. 

Sect.  51,  clause  (a)  revised,  1946,  471  §  5. 

Sect.  54,  clause  (aj/Q  added,  1946,  471  §  6;  clause  (e)  revised,  1939, 
488  §  3,    (See  1939,  488  §  9.) 

Sect.  54 A  added,  1932,  165  (permitting  certain  insurance  companies 
to  make  outside  the  commonwealth  contracts  insuring  personal  prop- 
erty against  all  risks  or  hazards) ;  amended,  1938,  198. 

Sects.  54B-54D  added,  1945,  384  §  2  (authorizing  multiple  line  under- 
writing, so-called,  by  certain  domestic  and  foreign  stock  and  mutual  in- 
surance companies).    (See  1945,  384  §  3.) 

Sect.  54B  revised,  1946,  285;   1950,  475  §  1. 

Sect.  54E  added,  1951,  510  (to  afford  more  complete  insurance  cover- 
age for  dwelling  houses) ;  revised,  1955,  339. 

Sect.  59,  sentence  added  at  end,  1948,  286. 

Sect.  63,  paragraph  2,  clause  (d)  added,  1947,  266  §  1 ;  paragraph  3 
amended,  1947,  266  §  2;  paragraph  3A  added,  1948,  70;  paragraph  4 
revised,  1947,  266  §  3;  paragraph  5A  added,  1947,  266  §  4;  paragraph 
6  revised,  1947,  266  §  5;  paragraph  7  revised,  1945,  188;  first  sentence 
amended,  1951,  129;  fifth  sentence  revised,  1954,  65;  sentence  added 
at  end.  1946,  438  §  2;  paragraph  7A  added,  1950,  207;  paragraph  9 
revised,  1947,  266  §  6;  paragraph  11  revised,  1947,  266  §  7;  paragraph 
14A  added,  1947,  266  §  8;  revised,  1954,  111  §  1;  paragraph  14B 
added,  1951,  154. 

Sect.  64,  first  paragraph  revised,  1953,  110;  second  paragraph 
amended,  1936,  213;  third  paragraph  revised,  1943,  207  §  2;  1947, 
269  §  2;  1952,  395;  paragraph  added  at  end,  1941,  548.  (See  1943, 
207  §  4.) 

Sect.  65  amended,  1946,  125;  1947,  41;  revised,  1954,  176;  1955,  208. 

Sect.  66  amended,  1947,  650;  second  paragraph  stricken  out  and  two 
paragraphs  inserted,  1954,  111  §  2. 

Sect.  66A  added,  1943,  207  §  1  (relative  to  the  construction,  opera- 
tion and  maintenance  of  low  rental  housing  projects  by  domestic  life 
insurance  companies);  revised,  1945,  605  §  1;  1947,  504.  (See  1943, 
207  §  4;   1945,  605  §  3.) 

Sect.  66B  added,  1947,  269  §  1  (authorizing  domestic  fife  insurance 
companies  to  invest  in  certain  land  and  buildings);    fourth  sentence 


Chap.  175.]  GENERAL  LawS.  1167 

amended,  1953,  94;  fifth  sentence  stricken  out  and  two  sentences  in- 
serted, 1954,  68. 

Sect.  70,  second  sentence  revised,  1954,  320  §  4. 

Sect.  71,  first  sentence  stricken  out  and  four  sentences  inserted,  1954, 
320  §  5. 

Sect.  72  amended,  1936,  212. 

Sect.  73,  first  paragraph  revised,  1939,  300  §  1. 

Sect.  77  amended,  1941,  365  §  1.    (See  1941,  365  §  2.) 

Sect.  79  revised,  1933,  23  §  1;   1953,  220  §  1. 

Sect.  80,  first  sentence  revised,  1947,  196;  paragraph  inserted  after 
the  word  "classified"  in  the  twenty-third  line,  1936,  315;  section  re- 
vised, 1947,  317;  first  sentence  amended,  1951,  297;  first  paragraph 
revised,  1955,  384  §  4. 

Sect.  81,  first  sentence  amended,  1952,  34. 

Sect.  83,  paragraph  added  at  end,  1941,  716  §  5.    (See  1941,  723.) 

Sect.  85A  added,  1941,  716  §  1  (providing  that  the  commissioner  of 
insurance  may  authorize  certain  doniestic  mutual  insurance  companies 
to  issue  non-assessable  policies);  sentence  added  at  end,  1943,  247  §  1; 
sentence  added  at  end,  1947,  197  §  1.     (See  1941,  723;  1943,  247  §  4.) 

Sect.  87  repealed,  1934,  22. 

Sect.  90,  first  paragraph  amended,  1941,  716  §  2;  1945,  403  §  2. 
(See  1941,  723.) 

Sect.  90A  amended,  1939,  300  §  2. 

Sect.  90B  revised,  1933,  23  §  2;   1945,  726. 

Sect.  90C,  first  paragraph  revised,  1953,  220  §  2. 

Sect.  93,  first  paragraph  revised,  1939,  488  §  1;  1941,  654  §  1.  (See 
1939,  488  §  9.) 

Sect.  93B  revised,  1939,  488  §  4.     (See  1939,  488  §  9.) 

Sect.  93C  revised,  1939,  488  §  5.     (See  1939,  488  §  9.) 

Sect.  93D  revised,  1939,  488  §  6.     (See  1939,  488  §  9.) 

Sect.  93F  added,  1941,  716  §  3  (permitting  certain  domestic  mutual 
insurance  companies  to  issue  non-assessable  policies) ;  sentence  added 
at  end,  1943,  247  §  2;  sentence  added  at  end,  1947,  197  §  2.  (See  1941, 
723;   1943,247  §4.) 

Sect.  94,  first  two  paragraphs  stricken  out,  and  two  new  paragraphs 
inserted,  1933,  81;  first  paragraph  amended,  1938,  218  §  2;  1943,  532 
§  2;  revised,  1945,  313  §  2;  third  paragraph  revised,  1952,  51.  (See 
1945,  313  §  5.) 

Sects.  94A-94M  added,  1947,  488  §  1  (authorizing  and  regulating 
the  exchange  of  reciprocal  or  inter-insurance  contracts  in  the  common- 
wealth). 

Sect.  94B  revised,  1955,  384  §  5. 

Sect.  94E,  clause  (a)  revised,  1955,  384  §  6. 

Sect.  96A  added,  1946,  471  §  7  (providing  that  insurance  against 
expenses  actually  incurred  in  repairing  or  replacing  property  damaged 
or  destroyed  by  fire  or  other  causes  shall  not  be  subject  to  certain 
Umitations  as  to  value). 

Sect.  97  amended,  1933,  31;  two  sentences  added  at  end,  1945,  399 
§  1.     (See  1945,  399  §  2.) 

Sect.  99,  clause  Ninth  revised,  1934,  95;  paragraph  of  the  standard 
form  appearing  in  lines  14-23  revised,  1943,  462;  clause  Tenth  added, 
1947,  488  §  3;  section  revised,  1951.  478  §  1.     (See  1951,  478  §  2.) 

Sect.  102  amended,  1932,  174  §  1;  revised,  1934,  110  §  1,  (See  1932, 
174  §  2;   1934,  110  §  2.) 


1168  Changes  in  the  [Chap.  175. 

Sect.  104  repealed,  1947,  614  §  2.     (See  1947,  614  §  3.) 

Sect.  105  amended,  1955,  432  §  17.    (See  1955,  432  §  4.) 

Sect.  106  revised,  1932,  150  §  1;  amended,  1939,  400  §  1.  (See  1932, 
150  §  4.) 

Sect.  108,  paragraph  added  at  end,  1945.  341;  paragraphs  A-C 
added  at  end,  1947,  607;  section  revised,  1954,  275  §  1;  paragraph  C 
amended,  1954,  681  §  18.    (See  1954,  275  §§  4,  5,  681  §§  20,  22.) 

Sect.  109  repealed,  1954,  275  §  2.    (See  1954,  275  §§  4,  5.) 

Sect.  110,  sentence  added  at  end,  1939,  133;  section  amended,  1941, 
118;  revised,  1943,  424  §  3,  532  §  1;  subdivision  (1)  of  second  para- 
graph amended,  1945,  403  §  1;  section  revised,  1949,  676  §  3;  amended, 
1950,  392;  subdivisions  (A)  and  (B)  revised,  1952,  532  §  1;  subdivision 
(A)  amended,  1954,  275  §  3,  327;  1953,  229  §  1;  subdivision  (C) 
amended,  1952,  532  §  lA;  subdivision  (D)  revised,  1952,  532  §  2; 
amended,  1955,  207.    (See  1954,  275  §§  4,  5.) 

Sect.  IIOA  added,  1938,  401  (relative  to  exemption  of  the  benefits 
of  disability  insurance  from  attachment  and  execution). 

Sect.  HOB  added,  1939,  209  (relative  to  the  termination  or  lapsing 
of  certain  accident  and  health  policies  for  non-paj'^ment  of  premiums) ; 
revised,  1955,  263. 

Sect.  UlC  added,  1943,  375  §  1  (providing  for  the  inclusion  of  ac- 
cident benefits  in  certain  liability  insurance  poUcies);  revised,  1948, 
287 

Sect.  113 A,  provision  (2)  amended,  1933,  119  §  1;  revised,  1933,  145 
§  1;  1949,  570;  amended,  1951,  648  §  2;  provision  (2A)  added,  1933, 
145  §  2;  amended,  1935,  296  §  1;  provision  (6)  revised,  1936,  272; 
1949,  693  §  1;  amended,  1955,  283  §  2.  (See  1933,  145  §  3;  1935,  296 
§2;  1949,  693  §2;  1951,  648  §3;  1955,  283  §  3.) 

Sect.  113B,  paragraph  inserted  after  first  paragraph,  1935,  459  §  4; 
third  paragraph  amended,  1951,  251.    (See  1935,  459  §  5.) 

Sect.  113D,  first  paragraph  revised,  1933,  119  §  2;  fourth  paragraph 
revised,  1933,  146  §  1;  sixth  paragraph  revised,  1933,  146  §  2;  amended, 
1934,  46;  first  sentence  of  sixth  paragraph  amended,  1938,  311;  para- 
graph added  at  end,  1933,  119  §  3;  paragraph  added  at  end,  1934,  379; 
revised,  1951,  648  §  1;  paragraph  added  at  end,  1955,  412  §  1.  (See 
1933,  119  §  6,  146  §  3;  1951,  648  §  3;  1955,  412  §  2.) 

Sect.  113E  added,  1934,  61  (prohibiting  certain  discrimination  in  the 
issuance  or  execution  of  motor  vehicle  liability  policies  or  bonds); 
amended,  1941,  401. 

Sect.  113F  added,  1937,  390  (relative  to  the  renewal  of  motor  vehicle 
liability  policies  or  bonds,  so  called,  in  certain  cases);  first  paragraph 
amended,  1938,  351. 

Sect.  113G  added,  1939,  406  §  1  (relative  to  the  relations  of  officers, 
directors  and  employees  of  certain  domestic  insurance  companies  with 
certain  insurance  agencies  and  finance  companies).    (See  1939,  406  §  2.) 

Sect.  113H  added,  1953,  570  §  5  (relative  to  co-operation  by  insurance 
companies  in  the  apportionment  of  certain  motor  vehicle  liability  risks). 

Sect.  1131  added,  1954,  274  (relative  to  the  service  charges  for  se- 
curing motor  vehicle  liability  insurance  for  certain  persons). 

Sect.  113 J  added,  1954,  334  (requiring  insurers  under  compulsory 
motor  vehicle  insurance  law  to  furnish  reports  of  medical  examinations). 

Sect.  114  amended,  1932,  180  §  34;   1939,  225, 

Sect.  116A  amended,  1932,  180  §  35. 


Chap.  175.]  GENERAL  LaWS.  1169 

Sect.  117,  sentence  added  at  end,  1955,  384  §  7. 

Sect.  117A,  first  paragraph  amended,  1938,  216  §  1;  heading  before 
section  117 A  stricken  out  and  "marine  and  automobile  and  sprinkler 
LEAKAGE  INSURANCE"  inserted,  1938,  216  §  2. 

Sect.  123  revised,  1943,  186;  second  paragraph  stricken  out,  1952,  14. 

Sect.  125.    See  1933,  42. 

Sect.  126  amended,  1943,  227  §  5.    (See  1933,  42  §§  13,  14;  1943,  227.) 

Sect.  128  revised,  1953,  97. 

Sect.  130  revised,  1954,  66. 

Sect.  132,  first  paragraph  revised,  1933,  101  §  1;  first  paragraph 
amended,  1943,  227  §  6;  provisions  numbered  6.  7,  8,  9,  revised.  1943, 
227  §  7;  provision  numbered  10  revised,  1951,  131;  provision  numbered 
12  added,  1955,  119;  four  paragraphs  added  at  end  of  section,  1943, 
227  §  6.    (See  1943,  227  §§  13,  14.) 

Sects.  132A-132E  added,  1945,  313  §  1  (relative  to  group  annuity 
contracts).    (See  1945,  313  §  5;   1947,  188  §§  1,  2.) 

Sect.  132A,  clause  (b)  stricken  out  and  clauses  (b),  (c)  and  (d)  inserted, 
1951,  249  §  1;  second  paragraph  revised,  1951,  249  §  2;  last  paragraph 
revised,  1951,  249  §  3. 

Sect.  133,  clause  (a)  amended,  1946,  346;  1948,  54;  revised,  1951, 
404  §  1;  amended,  1955,  171;  clause  (6)  amended,  1938,  362  §  2;  1943, 
424  §  1;  revised,  1951,  404  §  2;  clause  (c)  added,  1938,  362  §  1;  clause 
(d)  added,  1943,  424  §  2;  clause  (e)  added,  1949,  676  §  1;  amended, 
1951,  195;  revised,  1951,  404  §  3;  amended,  1953,  229  §  2. 

Sect.  134,  sentence  added  at  end  of  provision  numbered  4,  1938,  362 
§3;  said  provision  revised,  1939,  170;  1941,456;  last  paragraph  stricken 
out  and  three  new  paragraphs  inserted,  1938,  362  §  4;  first  of  said 
paragraphs  revised,  1949,  676  §  2;  amended,  1950,  463  §  1;  paragraph 
inserted  after  second  of  said  paragraphs,  1950,  463  §  2;  section  revised, 
1951,  404  §  4;  provision  numbered  1  revised,  1954,  285;  provision 
numbered  4A  inserted,  1955,  169. 

Sect.  134A  added,  1949,  676  §  4  (relative  to  the  time  of  notice  re- 
quired in  the  conversion  of  group  life  insurance  policies). 

Sect.  138A  added,  1943,  424  §  4  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  for  payment  of  premiums  on 
certain  group  life  insurance  policies). 

Sect.  139,  two  sentences  added  at  end,  1945,  335;  section  revised, 
1946,  313. 

Sect.  140,  second  paragraph  revised,  1943,  227  §  12;  third  paragraph 
amended,  1933,  101  §  2.    (See  1943,  227  §§  13,  14.) 

Sect.  142  revised,  1943,  227  §  8;  first  sentence  revised,  1950,  345  §  1. 
(See  1943,  227  §§  13,  14;   1950,  345  §  2.) 

Sect.  143  revised,  1943,  227  §  9.    (See  1943,  227  §§  13,  14.) 

Sect.  144,  last  paragraph  revised,  1933,  101  §  3;  first  three  para- 
graphs stricken  out  and  four  new  paragraphs  inserted,  1938,  209  §  1; 
section  revised,  1943,  227  §  3;  subdivision  11  added,  1945,  313  §  3. 
(See  1938,  209  §  3;   1943,  227  §§  13,  14;    1945,  313  §§  4,  5.) 

Sect.  146  revised,  1943,  227  §  4.    (See  1943,  227  §§  13,  14.) 

Sect.  146A  added,  1945,  298  (providing  for  giving  notice  to  holders 
of  lapsed  industrial  life  insurance  policies  of  non-forfeiture  benefits). 

Sect.  147  amended,  1938,  209  §  2;  repealed,  1943,  227  §  10.  (See 
1943,  227  §§  13,  14.) 

Sect.  147 A  repealed,  1943,  227  §  10.     (See  1943,  227  §§  13,  14.) 


1170  Changes  in  the  [Chap.  175. 

Sect.  147B  added,  1935,  232  (requiring  foreign  life  insurance  com- 
panies to  provide  for  paid-up  and  extended  term  insurance  and  cash 
surrender  values  on  policies  of  industrial  life  insurance  issued  in  the 
commonwealth);   repealed,  1943,  227  §  10.     (See  1943,  227  §§  13,  14.) 

Sect.  149,  first  paragraph  amended,  1954,  318. 

Sects.  149A-149D  added,  1946,  455  (providing  that  certain  unclaimed 
funds  held  by  domestic  life  insurance  companies  be  paid  into  the  state 
treasury). 

Sect.  149 A  revised,  1950,  523  §  1. 

Sect.  149B  amended,  1950,  523  §  2. 

Sect.  149C  amended,  1950,  523  §  3. 

Sect.  149D,  last  sentence  revised,  1949,  694  §  1;  stricken  out  and 
two  sentences  inserted,  1950,  523  §  4.     (See  1949,  694  §  2.) 

Sect.  150  revised,  1945,  609  §  2;  amended,  1946,  250. 

Sect.  151,  clause  Second  amended,  1933,  107  §  1;  clause  Second,  sub- 
division (3)  (c)  revised,  1939,  488  §  7;  1950,  475  §  2;  clause  Second, 
subdivision  (3)  (/)  revised,  1939,  488  §  8;  1950,  475  §  3.  (See  1939, 
488  §  9.) 

Sect.  152A  added,  1941,  716  §  4  (relative  to  the  issue  by  certain 
foreign  mutual  insurance  companies  of  non-assessable  policies);  sen- 
tence added  at  end,  1943,  247  §  3;  same  sentence  amended,  1947,  257; 
sentence  added  at  end,  1947,  197  §  3.    (See  1941,  723;   1943,  247  §  4.) 

Sect.  155,  clause  First  revised,  1932,  150  §  2;  amended,  1939,  400  §  2. 
(See  1932,  150  §  4.) 

Sect.  156A  amended,  1933,  30 

Sect.  157,  paragraph  added  at  end,  1939,  315;  section  revised,  1941, 
451;   first  paragraph  amended,  1952,  146. 

Sect.  160A  added,  1933,  25  §  1  (prohibiting  the  printing  or  pubUca- 
tion  of  certain  advertisements  for  or  on  behalf  of  unhcensed  insurance 
companies). 

Sect.  160B  added,  1934,  14  §  1  (authorizing  the  commissioner  of  in- 
surance to  publish  certain  information  relative  to  unlicensed  foreign 
insurance  companies  or  societies). 

Sect.  162,  third  paragraph  revised,  1941,  286. 

Sect.  162A  added,  1947,  629  (authorizing  insurance  companies  and 
their  agents  to  compensate  duly  licensed  insurance  brokers  for  certain 
services). 

Sect  162B  added,  1954,  464  (authorizing  agents  and  brokers  to  ac- 
cept payment  of  insurance  premiums  in  instalments  and  to  finance  in- 
surance payments). 

Sect.  163,  paragraph  added  at  end,  1941,  502;  same  paragraph  re- 
vised, 1943,  85. 

Sect.  164A  added,  1938,  225  (providing  that  no  insurance  agent  shall 
be  charged  with  a  decrease  or  deduction  from  his  commission  or  salary 
on  account  of  industrial  life  insurance  policies  lapsed  or  surrendered 
after  being  paid  on  for  three  years) ;  revised,  1943,  226. 

Sect.  167 A  amended,  1934,  137  §  3;  1937,  260;  1945,  368;  revised, 
1954,  627  §  33.     (See  1954,  627  §§  65,  67.) 

Sect.  168,  first  sentence  revised,  1950,  347  §  1;  fourth  sentence 
stricken  out  and  two  sentences  inserted,  1950,  347  §  2;  fourth  sentence 
amended,  1951,  130. 

Sect.  172,  last  sentence  revised,  1941,  703. 

Sect.  173  revised,  1946,  299. 


Chaps.  175A,  175B.]  GENERAL  LaWS.  1171 

Sect.  174,  fourth  paragraph  amended,  1954,  294. 

Sect.  174C  added,  1941,  493  (relative  to  the  quahfications  and  li- 
censing of  insurance  agents,  insurance  brokers  and  special  insurance 
brokers). 

Sect.  174D  added,  1955,  155  (authorizing  the  continuance  of  the 
business  of  an  insurance  agency  by  the  widow  of  the  owner  under  certain 
circumstances) . 

Sects.  177A-177D  added,  1939,  395  §  1  (defining  and  providing  for 
the  licensing  of  insurance  advisers). 

Sect.  177B,  second  and  third  paragraphs  stricken  out,  and  new  para- 
graph inserted,  1941,  635  §  1;  paragraph  added  at  end.  1941,  635  §  2. 

Sect.  178  amended,  1941,  450  §  2. 

Sect.  179,  sentence  added  at  end,  1939,  472  §  2;  section  revised,  1941, 
452. 

Sect.  180A  stricken  out,  and  new  sections  180A-180L  inserted,  1939, 
472  §  3  (relative  to  the  rehabilitation,  conservation  and  liquidation  of 
certain  domestic  and  foreign  insurers). 

Sect.  180B,  first  sentence  revised,  1949,  242  §  2. 

Sect.  181  revised.  1934,  160;  amended,  1939,  395  §  4. 

Sect.  184  amended,  1937,  103;  first  sentence  revised,  1947,  531; 
section  amended,  1948,  98. 

Sect.  185,  first  paragraph  amended,  1939,  400  §  3;  second  paragraph 
revised,  1932,  150  §  3;  first  and  second  paragraphs  revised,  1941,  654 
§  2;  section  revised,  1943,  238  §  2. 

Sect.  186A  added,  1949,  237  (relative  to  certain  presumptions  cre- 
ated by  the  delivery  of  endowment  policies  or  annuitv  contracts). 

Sect.  187C,  first  paragraph  amended,  1934,  34;  1936,  215  §  1.  (See 
1936,  215  §  2.) 

Sect.  187E  added,  1947,  104  (to  facilitate  payment  by  insurance 
companies  of  amounts  not  exceeding  five  hundred  dollars  due  to  estates 
of  deceased  persons). 

Sect.  192,  sentence  added  at  end,  1943,  375  §  2. 

Sect.  193B  added,  1937,  314  (authorizing  the  payment  of  motor 
vehicle  insurance  premiums  in  instalments). 

Sect.  193C  added,  1948,  617  (authorizing  interlocking  directorates 
of  domestic  insurance  companies). 

Sect.  193D  added,  1948,  621  (regulating  the  acquisition  by  domestic 
insurance  companies  of  stock  guaranty  capital  or  other  share  capital 
of  insurance  companies). 

Sect.  193E  added,  1950,  520  (proliibiting  coercion  in  the  placing  of 
insurance  on  real  or  personal  property). 

Chapter  175A.  —  Regulation  of  Rates  for  Certain  Casualty  Insurance,  in- 
cluding Fidelity,  Surety  and  Guaranty  Bonds,  and  for  all  other  Forms 
of  Motor  Vehicle  Insurance,  and  Regulation  of  Rating  Organizations. 

New  chapter  inserted,  1947,  641  §  1.      (See  1947,  641  §  3.) 

Sect.  4,  first  paragraph  amended,  1951,  138;  revised,  1955,  384  §  8. 
Sect.  6,  subsection  (/)  added,  1955,  384  §  9. 

Sect.  19,  paragraph  (c)  amended,  1954,  681  §  19.  (See  1954,  681 
§§  20-22.) 

Chapter  175B.  —  Unauthorized  Insurer's  Process  Act. 
New  chapter  inserted,  1950,  781. 


1172  Changes  in  the  [Chap,  176. 


Chapter  176.  —  Fraternal  Benefit  Societies. 

Sect.  1,  definition  of  "Fraternal  benefit  society"  amended,  1945,  346 
§2. 

Sect.  3  amended,  1941,  336  §  1;  sentence  inserted  after  first  sentence, 
1949,  217. 

Sect.  4  amended,  1939,  139. 

Sect.  5  amended,  1933,  25  §  2:   1934,  14  §  2;   1943,  238  §  3. 

Sect.  8  amended,  1945,  346  §  3. 

Sect.  11  amended,  1943,  309  §  1. 

Sect.  12,  first  paragraph  revised,  1941,  310. 

Sect.  13,  first  sentence  amended,  1945,  346  §  4. 

Sect.  13A  added,  1945,  346  §  1  (authorizing  certain  fraternal  benefit 
societies  to  provide  for  hospitalization  and  medical  service  insurance). 

Sect.  14  amended,  1945,  346  §  5;  first  sentence  amended,  1952,  202; 
sentence  added|at  end,  1949,  253. 

Sect.  16  amended,  1938,  93. 

Sect.  18  revised,  1941,  336  §  2;  first  sentence  amended,  1954,  277; 
sentence  added  at  end,  1954,  203. 

Sect.  19,  first  sentence  amended,  1945,  346  §  6;   1949,  252. 

Sect.  19A  added,  1939,  236  §  1  (relating  to  the  granting  of  annuities 
by  certain  fraternal  benefit  societies). 

Sect.  21  amended,  1934,  170;  revised,  1937,  79;  amended,  1939,  236 
§2. 

Sect.  22  amended,  1941,  336  §  3. 

Sect.  23  amended,  1932,  46;  1938,  94;  1949,  216;  revised,  1951,  132; 
1954,  103. 

Sect.  24  amended,  1941,  322;  first  sentence  amended,  1945,  329. 

Sect.  25  revised,  1938,  157. 

Sect.  26,  first  sentence  stricken  out,  1955,  80. 

Sect.  30  amended,  1941,  336  §  4. 

Sect.  31  amended,  1945,  346  §  7;   1947,  393;   1949,  251. 

Sect.  32  revised,  1943,  309  §  2;  last  sentence  revised,  1950,  223. 

Sect.  32A  added,  1943,  74  (providing  a  penalty  for  the  alteration, 
defacement,  mutilation,  destruction  or  concealment  of  any  record  of  a 
fraternal  benefit  society) . 

Sect.  36,  first  paragraph  amended,  1941, 336  §  5. 

Sect.  37 A  added,  1945,  331  (requiring  vouchers,  etc.,  for  certain  dis- 
bursements by  fraternal  benefit  societies). 

Sect.  40,  first  two  sentences  amended,  1932,  ISO  §  36;  first  para- 
graph amended,  1945,  346  §  8. 

Sect.  41  amended,  1939,  168;   1945,  346  §  9;   1950,  226. 

Sect.  42A  added,  1943,  238  §  1  (further  regulating  the  admission  of 
certain  foreign  fraternal  benefit  societies  to  transact  business  within  the 
commonwealth) . 

Sect.  45,  second  sentence  amended,  1939,  254  §  1 ;  paragraph  added 
after  first  paragraph,  1943,  309  §  3;  second  paragraph  amended,  1932, 
104;  third  paragraph  amended,  1955,  108  §  1. 

Sect.  46,  fifth  paragraph  amended,  1939,  254  §  2;  paragraph  inserted 
after  third  paragraph,  1941,  274;  amended,  1955,  108  §  2;  three  sen- 
tences added  at  end  of  paragraph  so  inserted,  1943,  86. 

Sect.  46B  added,  1932,  47  §  1  (authorizing  certain  fraternal  benefit 
societies  to  acquire,  hold,  manage  and  dispose  of  real  property,  and 


Chaps.  176A-176C.]  GENERAL  LawS.  1173 

confirming  title  to  such  property  heretofore  acquired  by  certain  of  such 
societies). 

Sect.  46C  added,  1941,  397  (permitting  certain  fraternal  benefit  so- 
cieties to  contract  with  insurance  companies  for  the  payment  of  benefits) ; 
amended,  1954,  398. 

Sect.  46D  added,  1945,  506  (authorizing  grand  or  district  lodges  of 
certain  secret  orders  or  fraternities  to  pay  a  limited  amount  of  death 
or  funeral  benefits). 

Sect.  49A  added,  1946,  124  (authorizing  certain  fraternal  benefit 
societies  to  pay  pensions  to  their  employees  in  certain  cases);  revised, 
1949,  218. 

Chapter  176A.  —  Non-Profit  Hospital  Service  Corporations. 

New  chapter  inserted,  1936,  409. 

Chapter  stricken  out  and  new  chapter  176A  (with  new  title)  inserted,  1950, 
766  §  1.      (See  1950,  766  §§  2-4.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

The  following  references  are  to  chapter  176A  as  so  inserted: 

Sect.  1,  paragraph  added  at  end,  1951,  687;  section  revised,  1953, 
287  §  1;  paragraph  inserted  after  third  paragraph,  1955,  499. 

Sect.  3,  first  sentence  revised,  1953,  287  §  2. 

Sect.  5,  first  paragraph  revised,  1953,  287  §  3;  amended,  1954,  513; 
fourth  paragraph  amended,  1953,  636  §  4.     (See  1953,  636  §  9.) 

Sect.  6,  first  two  sentences  revised,  1953,  287  §  4. 

Sect.  8,  paragraph  (c)  (2)  revised,  1953,  287  §  5;  paragraph  (c)  (5) 
added,  1955,  404. 

Sect.  10,  first  paragraph  revised,  1953,  287  §  6. 

Sect.  13  revised,  1953,  287  §  7. 

Sect.  17  revised,  1953,  636  §  5.    (See  1953,  636  §  9.) 

Sect.  27A  added,  1951,  516  (relative  to  a  system  of  general  accident, 
hospitalization,  medical  and  surgical  insurance  for  state  employees); 
repealed,  1955,  628  §  3. 

Chapter  176B.  —  Medical  Service  Corporations. 
New  chapter  inserted,  1941,  306. 

For  legislation  relative  to  payments  to  certain  soldiers'  homes  for 
certain  services  rendered  to  subscribers,  see  1952,  296. 

Sect.  3,  paragraph  added  at  end,  1948,  359;  amended,  1953,  143; 
paragraph  added  at  end,  1953,  142;   1955,  186. 

Sect.  4  revised.  1950,  472. 

Sect.  10  revised,  1950,  394  §  1;  first  sentence  amended,  1954,  276  §  1. 

Sect.  15  repealed,  1951,  797. 

Sect.  16A  added,  1943,  424  §  6  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  of  amounts  payable  under 
certificates  issued  by  certain  medical  service  corporations). 

Chapter  176C.  —  Non-Profit  Medical  Service  Plans. 
New  chapter  inserted,  1941,  334. 

For  legislation  relative  to  payments  to  certain  soldiers'  homes  for 
certain  services  rendered  to  subscribers,  see  1952,  296. 


1174  Changes  in  the  [Chaps.  i76D-180. 

Sect.  11  revised,  1950,  394  §  2;  amended,  1954,  276  §  2. 

Sect.  16 A  added,  1943,  424  §  7  (relative  to  deductions  from  salaries 
of  state,  county  and  municipal  employees  of  amounts  payable  under 
contracts  issued  by  certain  medical  service  corporations). 

Chapter  176D.  —  Unfair  Methods  of  Competition  and  Unfair  and  Deceptive 
Acts  and  Practices  in  the  Business  of  Insurance. 

New  chapter  inserted,  1947,  659. 

Chapter  178.  —  Savings  Bank  Life  Insurance. 

For  legislation  relative  to  the  computation  of  the  reserve  liability  with 
respect  to  life  insurance  policies  issued  by  savings  and  insurance  banks 
and  to  the  non-forfeiture  benefits  under  such  policies,  see  1943,  227. 

Sect.  10  amended,  1935,  330  §  1;  1946,  112  §  1;  revised,  1951,  264. 
(See  1946,  112  §  2.) 

Sect.  11  amended,  1935,  330  §  2. 

Sect.  IIA  added,  1935,  330  §  3  (relative  to  non-payment  of  premiums 
on  annuity  and  certain  other  contracts). 

Sect.  14  amended,  1947,  260  §  3. 

Sect.  15  amended,  1935,  330  §  4;   1936,  285  §  1. 

Sect.  16  revised,  1947,  260  §  4. 

Sect.  17  revised,  1935,  330  §  5;   1939,  391  §  1.    (See  1939,  391  §  2.) 

Sect.  18  amended,  1943,  210  §  1. 

Sect.  18A  added,  1943,  210  §  2  (relative  to  payments  to  the  general 
insurance  guaranty  fund). 

Sect.  19  amended,  1935,  330  §  6. 

Sect.  21  revised,  1935,  330  §  7;  amended,  1936,  285  §  2. 

Sect.  26  revised,  1932,  103. 

Sect.  29  amended,  1936,  285  §  3;  revised,  1941,  108  §  1. 

Sect.  30  amended,  1936,  285  §  4. 

Sect.  31  revised.  1941,  108  §  2. 

Sects.  32  and  33  added,  1947,  143  (creating  the  savings  bank  life 
insurance  council  and  defining  its  powers  and  the  powers  of  savings  and 
Insurance  banks  relative  thereto). 

Chapter    179.  —  Proprietors    of    Wharves,    Real    Estate    lying    in    Common' 

and  General  Fields. 

Sect.  3  revised,  1943,  130  §  1.    (See  1943,  130  §  2.) 
Sect.  15  revised,  1948,  550  §  38. 

Chapter  180.  —  Corporations  for  Charitable  and  Certain  Other  Purposes. 

Sect.  3  amended,  1943,  549  §  5;  revised,  1947,  559  §  1.  (See  1947, 
559  §  7.) 

Sect.  5  amended,  1934,  328  §  21;  second  sentence  revised,  1947, 
559  §  2. 

Sect.  6  revised,  1947,  461;  1949,  692  §  1;  1952,  602  §  13. 

Sect.  6A  added,  1949,  692  §  2  (relative  to  the  approval  of  certain 
proposed  corporations  organized  for  the  purpose  of  caring  for  minors 
and  aged  persons) ;  repealed,  1952,  602  §  14. 

Sect.  7  amended,  1955,  170. 


Chaps.  181-184.]  GENERAL  LawS.  1175 

Sect.  8  repealed,  1947,  559  §  3. 

Sect.  10  amended,  1932,  180  §  37;  revised,  1937,  151  §  1;  1943,  549 
§  6;  1947,  559  §  4. 

Sect.  11  revised,  1937,  151  §  2;   1947,  559  §  5. 

Sect.  12  amended,  1946,  24;  last  sentence  revised,  1948,  354  §  2; 
section  repealed,  1954,  529  §  4. 

Sect.  12A  amended,  1935,  246;   1946,  25;  repealed,  1954,  529  §  5. 

Sect.  17,  first  sentence  revised,  1947,  559  §  6. 

Sect.  17A  added,  1950,  740  §  1  (authorizing  payroll  deductions  for 
union  dues  in  case  of  certain  governmental  employees);  revised,  1954, 
678. 

Sect.  26A  added,  1933,  236  §  1  (requiring  the  filing  of  annual  returns 
by  certain  incorporated  clubs  and  other  corporations) ;  amended,  1945, 
225;  revised,  1955,  290.    (See  1933,  236  §  2.) 

Sect.  27  amended,  1934,  328  §  22. 

Chapter  181.  —  Foreign  Corporations. 

Sect.  3  revised,  1943,  459  §  4;  amended,  1946,  342  §  1;  last  sentence 
revised,  1949,  54;   1955,  611  §  6. 

Sect.  4,  paragraph  added  at  end,  1946,  342  §  2. 
Sect.  12  amended,  1953,  351. 
Sect.  23  amended,  1952,  315. 

Chapter  182.  —  Voluntary  Associations  and  Certain  Trusts. 

Sect.  1  amended,  1954,  254  §  1. 
Sect.  2  revised,  1948,  550  §  39. 
Sect.  3  amended,  1945,  649  §  1. 
Sect.  4  amended,  1945,  649  §  2. 
Sect.  7  amended,  1945,  649  §  3. 
Sect.  8  amended,  1945,  649  §  4. 
Sect.  9  amended,  1945,  649  §  5. 

Sects.  12-14  added,  1954,  254  §  2  (relative  to  filing  reports  by  volun- 
tary associations  and  certain  trusts). 

Chapter  183.  —  Alienation  of  Land. 

Sect.  4  revised,  1941,  85. 

Sect.  28A  added,  1946,  438  §  1  (extending  the  security  of  real  estate 
mortgages  to  cover  expenses  of  repairs  or  replacements  of  mortgaged 
property  and  taxes  and  other  assessments). 

Sect.  43  amended.  1937,  101  §  1. 

Sect.  44  amended,  1937,  101  §  2. 

Sect.  54,  first  two  sentences  stricken  out  and  one  sentence  inserted, 
1951,  698. 

Chapter  184.  —  General  Provisions  relative  to  Real  Property. 

Sect.  7,  sentence  added  at  end,  1954,  395  §  1. 
Sect.  8  revised,  1954,  395  §  2. 

Sect.  13  amended,  1937,  112;  revised,  1937,  245  §  1;  first  paragraph 
amended,  1943,  52  §  1.    (See  1937,  245  §  2;    1943,  52  §  2.) 


1176  Changes  in  the  [Chaps.  184A-188. 

Sect.  15  amended,  1941,  88  §  1.    (See  1941,  88  §  2.) 
Sect.  17A  added,  1939,  270  (relative  to  the  effect  of  agreements  for 
the  purchase  and  sale  of  real  estate). 

Chapter  184A.  —  The  Rule  Against  Perpetuities. 
New  chapter  inserted,  1954,  641  §  1.     (See  1954,  641  §  2.) 

Chapter  185.  —  The  Land  Court  and  Registration  of  Title  to  Land. 

Sect.  1,  clause  (6)  revised,  1935,  318  §  3;  clause  (c)  revised,  1935, 
318  §  4;  clause  (jj^)  added,  1934,  263  §  1  (granting  to  land  court 
exclusive  original  jurisdiction  to  determine  by  declaratory  judgment 
the  validity  and  extent  of  municipal  zoning  ordinances,  by-laws  and 
regulations);  clause  (/r)  revised,  1934,  67  §  1;  clauses  (/)  and  (m) 
added,  1935,  318  §  5  (granting  to  said  court  original  jurisdiction  con- 
current with  supreme  judicial  and  superior  courts  of  certain  suits  in 
equity);  paragraph  in  lines  44-50,  inclusive,  revised,  1937,  183  §  1; 
paragraph  in  lines  51-55  revised,  1947,  449  §  3.  (See  1934,  67  §  2; 
1935,  318  §  8;   1937,  183  §  2;   1947,  449  §  7.) 

Sect.  2  amended,  1937,  409  §  3.    (See  1937,  409  §  7.) 

Sect.  2A  repealed,  1937,  409  §  4.    (See  1937,  409  §  7.) 

Sect.  6,  first  sentence  stricken  out  and  two  sentences  inserted,  1953, 
449  §  1;  last  sentence  amended,  1949,  447.    (See  1953,  449  §  2.) 

Sect.  lOA  revised,  1948,  664  §  3;  1953,  601. 

Sect.  11  amended,  1954,  308. 

Sect.  12,  sentence  added  at  end,  1941,  27;  section  revised,  1943,  29, 
1949,  47. 

Sect.  14,  sentence  in  lines  10-12  stricken  out,  1946,  427  §  2;  section 
revised,  1946,  544  §  3;  first  sentence  amended,  1949,  696;  section  re- 
vised, 1951,  742  §  3;  1955,  733  §  3.  (See  1946,  427  §  3;  544  §  5;  1951, 
742  §§  4,  5;   1953,  567;   1955,  733  §§  4,  5.) 

Sect.  25A  added,  1933,  55  (relative  to  the  power  of  the  land  court 
to  enforce  its  orders  and  decrees,  and  relative  to  service  of  its  processes). 

Sect.  40  amended,  1937,  118. 

Sect.  48,  paragraph  added  at  end,  1949,  48. 

Sect.  78  amended,  1937,  144  §  1;  revised,  1955,  306  §  1.  (See  1937, 
144  §  2.) 

Chapter  186.  —  Estates  for  Years  and  at  Will. 

Sect.  12  revised,  1946,  202. 

Sect.  14  revised,  1950,  495. 

Sect.  15  added,  1945,  445  §  1  (making  void  certain  provisions  of 
leases  and  rental  agreements  pertaining  to  real  property).  (See  1945, 
445  §  2.) 

Sect.  16  added,  1947,  118  §  1  (making  void  so  much  of  any  real  estate 
or  rental  agreement  as  provides  for  its  termination  in  the  event  tenants 
have  children).    (See  1947,  118  §  2.) 

Chapter  188.  —  Homesteads. 

Sect.  1  amended,  1939,  32  §  1.    (See  1939,  32  §  5.) 
Sect.  9  amended,  1939,  32  §  2.    (See  1939,  32  §  5.) 


Chaps.  189-196.]  GENERAL  LaWS.  1177 

Chapter  189.  —  Dower  and  Curtesy. 

Sect.  3  revised,  1936,  91  §  1.    (See  1936,  91  §  2.) 

Chapter  190.  —  Descent  and  Distribution  of  Real  and  Personal  Property. 

Sect.  1,  paragraph  (1)  amended,  1945,  238  §  1.    (See  1945,  238  §  2.) 
Sect.  7  amended,  1943,  72  §  1. 

Chapter  190A.  —  Effect  of  Apparently  Simultaneous  Deaths  upon  Devolu- 
tion and  Disposition  of  Property,  including  Proceeds  of  Insurance. 

New  chapter  inserted,  1941,  549  §  1.     (See  1941,  549  §  2.) 

Chapter  192.  —  Probate  of  Wills  and  Appointment  of  Executors. 

Sect.  1A  added,  1934,  113  (requiring  that  the  attorney  general  be 
made  a  party  in  certain  proceedings  relative  to  the  probate  of  wills). 

Sect.  IB  added,  1945,  338  §  1  (providing  for  a  guardian  ad  litem 
when  the  surviving  spouse  of  the  deceased  is  under  disability). 

Sect.  7.    See  1937,  408  §  3. 

Sect.  9  amended,  1950,  390. 

Sect.  12  added,  1954,  465  §  1  (requiring  executors  to  notify  devisees 
and  legatees  of  devises  and  bequests).     (See  1954,  465  §  2.) 

Chapter  193.  —  Appointment  of  Administrators. 

Sect.  3  amended,  1938,  328. 

Sect.  4  amended,  1951,  163  §  1,  684  §  1.  (See  1951,  684  §  2.) 

Sect.  5  amended,  1951,  103  §  2. 

Sect.  12  amended,  1945,  349  §  1. 

Chapter  194.  —  Public  Administrators. 

Sect.  5A  added,  1953,  333  (relative  to  the  granting  of  administra- 
tion to  public  administrators). 

Sect.  7  revised,  1933,  100. 

Sect.  9.  last  sentence  amended,  1932,  180  §  38;  section  affected, 
1932,  180  §  45. 

Sect.  10.    See  1936,  428. 

Chapter  195.  —  General  Provisions  relative  to  Executors  and  Administrators. 

Sects.  1-4  repealed,  1933,  221  §  1.    (See  1933,  221  §  8.) 

Sect.  7  revised,  1945,  349  §  2. 

Sect.  8  amended,  1933.  221  §  2.    (See  1933,  221  §  8.) 

Sect.  11,  sentence  added  at  end,  1954,  478  §  1. 

Sect.  16  added,  1954,  562  §  1  (providing  for  the  informal  adminis- 
tration of  certain  small  estates  of  deceased  persons) ;  paragraph  added 
at  end,  1955,  413  §  1.    (See  1955,  413  §  2.) 

Chapter   196. — Allowances  to  Widows  and   Children,   and  Advancements. 

Sect.  2  amended,  1933,  36;  revised,  1936,  214. 


1178  Changes  in  the  [Chaps.  197-201. 


Chapter  197.  —  Payment  of  Debts,  Legacies  and  Distributive  Shares. 

Sect.  2  amended,  1933,  221  §  3.    (See  1933,  221  §  8.) 

Sect.  2A  added,  1939,  298  (establishing  limitations  applicable  to  suits 
against,  and  regulating  the  payments  of  debts  by,  administrators  de 
bonis  non). 

Sect.  9  amended,  1933,  221  §  4;   1954,  552  §  1.    (See  1933,  221  §  8.) 

Sect.  10  revised,  1954,  552  §  2. 

Sect.  19  revised,  1954,  465  §  2.    (See  1954,  465  §§  3,  4.) 

Chapter  200.  —  Settlement  of  Estates  of  Absentees. 

Sect.  12  revised,  1941,  399  §  1. 

Sects.  13  and  14  stricken  out  and  new  section  13  inserted,  1941, 
399  §  2. 

Sect.  13  revised,  1946,  395. 

Chapter  200A.  —  Abandoned  Property. 
New  chapter  inserted,  1950,  801. 

Sect.  10  amended,  1953,  654  §  98. 

Sect.  13,  first  sentence  stricken  out,  1953,  654  §  99. 

Chapter  201.  —  Guardians  and  Conservators. 

Sect.  1  amended,  1945,  728  §  1.    (See  1945,  728  §  4.) 

Sect.  6  amended,  1941,  194  §  13. 

Sect.  7  amended,  1941,  194  §  14. 

Sect.  13,  sentence  added  at  end,  1934,  204  §  1;  section  amended, 
1941,  194  §  15. 

Sect.  13A  added,  1941,  325  (providing  for  the  removal  of  a  per- 
manent guardian  of  an  insane  person). 

Sect.  14  amended,  1941,  194  §  16. 

Sect.  16  revised,  1945,  728  §  2.    (See  1945,  728  §  4.) 

Sect,  18,  new  sentence  added  at  end,  1934,  204  §  2. 

Sect.  20,  see  1945,  338  §  3. 

Sect.  21  revised,  1945,  728  §  3;  amended,  1953,  571  §  3;  second  sen- 
tence revised,  1954,  330.    (See  1945,  728  §  4.) 

Sect.  30  amended,  1939,  57. 

Sect.  33  amended,  1950,  420;  sentence  inserted  after  first  sentence, 
1954,  478  §  2. 

Sect.  39A  added,  1936,  270  (authorizing  payments  from  estates  of 
minors  under  guardianship  for  expenses  for  the  funerals  of  the  parents 
in  certain  cases). 

Sect.  45.  sentence  added  at  end,  1945.  338  §  2. 

Sect.  47A  added,  1937,  312  §  1  (permitting  guardians  and  conser- 
vators to  invest  funds  in  certain  insurance  policies  and  annuity  con- 

Sect.  48A  revised,  1941,  241;  1949,  14;  1950,  66  §  1;  first  sentence 
amended,  1952,  174  §  1;  revised,  1954,  311  §  1;  sentence  added  at  end, 
1952,  174  §  2. 


Chaps.  202-204.]  GENERAL  LaWS.  1179 


Chapter  202.  —  Sales,  Mortgages  and  Leases  of  Real  Estate  by  Executors, 
Administrators,  Guardians  and  Conservators. 

Sect.  4A  added,  1933,  129  (relative  to  the  use  and  management  of 
real  estate  of  a  decedent  by  his  executor  or  administrator  for  the  pur- 
pose of  the  payment  of  debts  from  the  rents  thereof). 

Sect.  12  amended,  1941,  194  §  17. 

Sect.  14  amended,  1934,  157  §  1. 

Sect.  19  amended,  1941,  341  §  1.    (See  1941,  341  §  2.) 

Sect.  20  revised,  1933,  221  §  5.    (See  1933,  221  §  8.) 

Sect.  32,  first  sentence  amended,  1952,  445  §  2. 

Sect.  36  added,  1945,  418  §  1  (relative  to  sales,  mortgages  and  leases 
by  guardians  and  conservators  of  wards  holding  real  estate  under  ten- 
ancies by  the  entirety).    (See  1945,  418  §  2.) 

Chapter  203.  —  Trusts. 

Sect.  3A  added,  1946,  287  §  1  (exempting  trusts  created  by  employers 
in  connection  with  stock  bonus,  pension,  disability,  death  benefit  or 
profit  sharing  plans  from  the  rule  against  perpetuities).  (See  1946, 
287  §§  2,  3.) 

Sect.  12,  sentence  added  at  end,  1954,  478  §  3. 

Sect.  13  revised,  1943,  201  §  1.    (See  1943,  201  §  3.) 

Sect.  16  amended,  1934,  157  §  2. 

Sect.  17A  added,  1932,  50  (relative  to  the  sale  of  real  estate  by  for- 
eign testamentary  trustees). 

Sect.  22  amended,  1936,  184  §  1.    (See  1936,  184  §  2.) 

Sects.  24A  and  24B  added,  under  caption  "salvage  operations 
OF  trustees",  1943,  389  §  1.     (See  1943,  389  §  2.) 

Sect.  25A  added,  under  the  heading  "purchase  of  insurance 
POLICIES  OR  ANNUITY  CONTRACTS",  1937,  312  §  2  (permitting  trustees 
to  invest  funds  in  certain  insurance  policies  and  annuity  contracts). 

Sect.  41  revised,  1948,  550  §  40. 

Chapter  203A.  —  Collective  Investment  of  Small  Trust  Funds. 

New  chapter  inserted,  1941,  474. 

Sect.  7  amended,  1949,  755;  revised,  1952,  209;  amended,  1955,  63. 
Sect.   11  added,   1945,  67   (making  redeemable  obligations  of  the 
United  States  eligible  investments  for  common  trust  funds). 

Chapter  204.  —  General  Provisions  relative  to  Sales,   Mortgages,   Releases, 
Compromises,  etc.,  by  Executors,  etc. 

Sect.  26  amended,  1933,  221  §  6.    (See  1933,  221  §  8.) 
Sects.  27-36  added,  1943,  152  (authorizing  releases  and  disclaimers 
of  powers  of  appointment  and  providing  for  the  methods  of  releasing 
and  disclaiming  the  same) 

Sect.  37  added,  1943,  201  §  2  (authorizing  the  resignation  of  fidu- 
ciaries by  their  guardians,  conservators  or  committees,  or  other  like 
officers,  acting  in  their  behalf). 


1180  Changes  in  the  [Chaps.  205-207. 


Chapter  205.  —  Bonds  of  Executors,  Administrators,  Guardians,  Conserva- 
tors, Trustees  and  Receivers. 

Sect.  4  amended,  1941,  45  §  1. 
Sect.  5  amended,  1941,  45  §  2. 
Sect.  19A  revised,  1950,  65;   1954,  309. 

Chapter   206.  —  Accounts   and    Settlements   of   Executors,    Administrators, 
Guardians,  Conservators,  Trustees  and  Receivers. 

Sect.  7  amended,  1941,  194  §  18. 

Sect.  16  amended,  1941,  36;  revised,  1949,  140. 

Sect.  17  amended,  1936,  208. 

Sect.  19  repealed,  1938,  154  §  2. 

Sect.  23  repealed,  1938,  154  §  2. 

Sect.  24  revised,  1938,  154  §  1;   1950,  413. 

Sect.  25  revised,  1950,  64  §  1;   first  sentence  revised,  1954,  312  §  1. 

Sect.  27  revised,  1950,  66  §  2;   1954,  311  §  2. 

Sect.  27A  added,  1950,  265  (relative  to  the  disposition  of  certain 
legacies  or  distributive  shares  of  estates  to  persons  entitled  thereto  but 
unavailable) . 

Chapter  207.  —  Marriage. 

Sect.  5  amended,  1941,  194  §  18A. 

Sect.  7  revised,  1941,  270  §  1. 

Sect.  14,  paragraph  added  at  end,  1951,  469. 

Sect.  17  amended,  1945,  185. 

Sect.  19  revised,  1948,  550  §  41. 

Sect.  20  amended,  1933,  127;  sentence  inserted  after  the  word  "resi- 
dence" in  line  18,  1943,  561  §  3. 

Sect.  20A  added,  1939,  269  §  3  (relative  to  the  duties  of  city  and 
town  clerks  in  the  case  of  the  filing  of  notices  of  intention  of  marriage  of 
pregnant  females). 

Sect.  20B  added,  1941,  601  §  1  (requiring  pre-marital  physical  ex- 
amination); first  paragraph  amended,  1941,  697  §  1;  second  paragraph 
stricken  out  and  three  paragraphs  inserted,  1941,  697  §  2;  repealed, 
1943,  561  §  2.    (See  1941,  697  §  3.) 

Sect.  21,  paragraph  added  at  end,  1943,  168  §  2. 

Sect.  28  amended,  1941,  601  §  2.    (See  1941,  601  §  4.) 

Sect.  28 A  added,  1943,  561  §  1  (further  regulating  pre-marital  ex- 
aminations); revised,  1950,  113. 

Sect.  30  amended,  1937,  11  §  1;  1945,  214  §  1;  1946,  197  §  1.  (See 
1937,  11  §  2;   1945,  214  §  2.) 

Sect.  33  amended,  1941,  270  §  2. 

Sect.  36  revised,  1946,  273  §  1. 

Sect.  38  revised,  1932,  162;  amended,  1946,  197  §  2;   1949,  249. 

Sect.  40  revised,  1946,  197  §  3. 

Sect.  42  amended,  1946,  197  §  4. 

Sect.  47A  added,  under  heading  "breach  of  contract  to  marry 
not  actionable",  1938,  350  §  1  (abolishing  causes  of  action  for  breach 
of  contract  to  marry).    (See  1938.  350  §  3.) 

Sect.  52  revised,"  1943,  312  §  1.    (See  1943,  312  §  2.) 

Sect.  55  repealed,  1946,  273  §  2, 

Sect.  57  amended,  1941,  601  §  3.    (See  1941,  601  §  4.) 


Chaps.  208-210.]  GENERAL  LawS.  1181 


Chapter  208.  —  Divorce. 

Sect.  2  revised,  1937,  76  §  1.    (See  1937,  76  §  2.) 

Sects.  9-11  revised,  1943,  196  §  1.    (See  1943,  196  §  2.) 

Sect.  19  revised,  1932,  3. 

Sect.  20A  added,  1953,  213  §  1  (authorizing  a  decree  for  living  apart 
for  justifiable  cause  in  certain  cases  where  a  divorce  decree  has  been 
denied).    (See  1953,  213  §  2.) 

Sect.  21,  sentence  added  at  end,  1934,  181  §  1.    (See  1934,  181  §  2.) 

Sect.  24  amended,  1943,  168  §  1. 

Sect.  24A  added,  1948,  66  (providing  that  copies  of  or  certificates 
relating  to  decrees  of  divorce  shall  contain  certain  information  relative 
to  decrees  nisi  and  to  rights  to  remarry). 

Sect.  26  repealed,  1949,  76  §  1. 

Sect.  27  revised,  1949,  76  §  2. 

Sect.  33  revised,  1936,  221  §  1.    (See  1936,  221  §  2.) 

Sect.  35  amended,  1950,  57. 

Sect.  38  revised,  1933,  288. 

Sect.  44  amended,  1955,  770  §  77.    (See  1955,  770  §§  117,  123.) 

Sect.  45  amended,  1948,  279. 

Sect.  46  amended,  1952,  86. 

Chapter  209.  —  Husband  and  Wife. 

Sect.  10  revised,  1948,  550  §  42. 
Sect.  21  amended,  1939,  32  §  3.    (See  1939,  32  §  5.) 
Sect.  32,  sentence  added  at  end,  1938,  136. 
Sect.  33  revised,  1933,  360. 

Chapter  210.  —  Adoption  of  Children  and  Change  of  Names. 

Sect.  1  amended,  1941,  44. 

Sect.  2  re\dsed,  1950,  737  §  1;  affected,  1951,  148. 

Sect.  2 A  added,  1954,  649  §  1  (providing  certain  requirements  rela- 
tive to  petitions  for  adoption).    Affected,  1955,  117. 

Sect.  3  amended,  1941,  61;  1945,  239;  revised,  1945,  300;  amended, 
1951,  674;  revised,  1952,  352;   1953,  61;  amended,  1955,  89. 

Sect.  3A  added,  1953,  593  §  1  (relative  to  consent  to  the  adoption  of 
children  in  certain  cases). 

Sect.  4  revised,  1953,  593  §  2. 

Sect.  5A  revised,  1950,  737  §  2;  paragraph  added  at  end,  1954, 
649  §  2. 

Sect.  5B  added,  1950,  737  §  3  (providing  that  adoptive  parents  shall 
be  of  the  same  religion  as  the  child  when  practicable) . 

Sect.  5C  added,  1951,  173  (relative  to  the  segregation  and  inspection 
of  adoption  papers). 

Sect.  6,  paragraph  added  at  end,  1943,  155  §  1 ;  same  paragraph  re- 
vised, 1955,  107  §  1;  paragraph  added  at  end,  1950,  737  §  4. 

Sect.  6A  added,  1955,  107  §  2  (providing  for  the  issuance  of  certificates 
of  adoption  and  the  correction  of  birth  records  to  conform  to  such  cer- 
tificates) . 

Sect.  7,  sentence  added  at  end,  1950,  737  §  5. 

Sect.  IIA  revised,  1950,  737  §  6. 

Sect.  13,  first  paragraph  amended,  1948,  247;  paragraph  added  at 
end,  1943,  155  §  2. 


1182  Changes  in  the  [Chaps.  211-213. 


Chapter  211.  —  The  Supreme  Judicial  Court. 

Sect.  4  amended,  1945,  465. 

Sect.  U  revised,  1933,  300  §  1.  (See  1933,  300  §  4.) 

Sect.  13  revised,  1952,  416. 

Sect.  19  revised,  1938,  115  §  1. 

Sect.  22  revised,  1946,  544  §  1;  1951,  742  §  1;  1955,  733  §  1.  (See 
1946,  544  §  5;  1951,  742  §§  4,  5;  1955,  733  §§  4,  5.) 

Chapter  212.  —  The  Superior  Court. 

For  act  further  extending  to  June  30,  1949,  the  operation  of  certain 
provisions  of  law  (1923,  469,  as  amended)  relative  to  the  more  prompt 
disposition  of  criminal  cases  in  the  superior  court,  see  1948,  230.  See 
1949,  210  §  2. 

Sect.  6  amended,  1953,  319  §  24.    (See  1953,  319  §§  39,  40.) 

Sect.  14  revised,  1932,  144  §  1.  (For  prior  temporary  legislation, 
see  1927,  306;   1948,  230). 

Sect.  14A  added,  1932,  144  §  2  (regulating  the  estabUshing  of  sessions 
and  sittings  of  the  superior  court.  For  prior  temporary  legislation, 
see  1927,  306;    1928,  228.) 

Sects.  14B-14E  added,  1949,  210  §  1  (making  permanent  the  opera- 
tion of  certain  provisions  of  law  relative  to  the  more  prompt  disposition 
of  criminal  cases  by  district  court  judges  sitting  in  the  superior  court). 
(See  1949,  210  §  3.) 

Sect.  14B  revised,  1954,  668  §  1.    (See  1954,  668  §  2.) 

Sect.  14E,  first  sentence  amended,  1952,  477. 

Sects.  15-18  repealed,  1932,  144  §  3. 

Sect.  20A  added,  1949,  139  (relative  to  central  pools  of  jurors  sum- 
moned for  attendance  upon  the  superior  court). 

Sect.  22  amended,  1934,  287;  1943,  145  §  1;  sentence  added  at  end, 
1943,  244  §  3.     (See  1943,  145  §  2.) 

Sect.  24  amended,  1943,  244  §  4. 

Sect.  25  amended,  1932,  144  §  4. 

Sect.  26 A  added,  1935,  229  §  1  (providing  for  the  transfer  from  the 
superior  court  to  the  land  court  of  certain  actions  at  law  and  suits  in 
equity  where  any  right,  title  or  interest  in  land  is  involved).  (See  1935, 
229  §  2.) 

Sect.  27  revised,  1946,  544  §  2;  1951,  742  §  2;  1955,  733  §  2.  (See 
1946,  544  §  5;  1951,  742  §§  4,  5;  1953,  567;  1954,  651;  1955,  475, 
733  §§  4,  5.) 

Sect.  28A  repealed,  1949,  654  §  2. 

Chapter  213.  —  Provisions  Common  to  the  Supreme  Judicial  and  Superior 

Courts. 

Sects.  1A  and  IB  added,  1939,  257  §  1  (granting  to  the  superior  court 
jurisdiction  of  certain  extraordinary  writs  and  certain  other  matters, 
concurrently  with  the  supreme  judicial  court).    (See  1939,  257  §  2.) 

Sect.  1A  amended,  1941,  28,  180. 

Sects.  IC  and  ID  added,  1943,  374  §  4  (providing  for  changing  a 
petition  for  certiorari  into  a  petition  for  mandamus  and  vice  versa  and 
providing  for  appeals  from  judgments  upon  such  petitions). 


Chaps.  214,  215.]  GENERAL  LawS.  1183 

Sect.  3,  clause  Tenth  A  revised,  1945,  582  §  2  (see  1945,  582  §§  4, 
5) ;  clause  Tenth  B  added,  1943,  374  §  3  (providing  for  the  presentation 
at  hearings  upon  petitions  for  certiorari  of  evidence  at  proceedings 
complained  of  in  such  petitions). 

Sect.  3A  added,  1949,  654  §  1  (relative  to  the  printing  of  rules  of  the 
supreme  judicial  and  superior  courts). 

Sect.  4  revised,  1947,  449  §  5.    (See  1947,  449  §  7.) 

Sect.  6  amended,  1932,  144  §  5. 

Chapter  214.  —  Equity  Jurisdiction  and  Procedure  in  the  Supreme  Judicial 

and  Superior  Courts. 

Sect.  1  amended,  1935,  407  §  2.  (See  1935,  407  §  6;  1937,  436  §  10; 
G.  L.  150A  §  6  (h)  inserted  by  1938.  345  §  2.) 

Sect.  1A  added,  1954,  439  §  1  (relative  to  suits  in  equity  for  specific 
performance).    (See  1954,  439  §  3.) 

Sect.  2  amended,  1954,  439  §  2.  (See  1954,  439  §  3.)  Affected, 
1939,  257  §  2. 

Sect.  3,  clause  (1)  revised,  1950,  387;  clause  (12)  added  at  end,  1939, 
194  §  1. 

Sect.  9  amended,  1934,  381;  1935,  407  §  3;  last  sentence  amended, 
1947,  571  §  1.  (See  1935,  407  §  6;  1937,  436  §  10;  G.  L.  150A  §  6  (h) 
inserted  by  1938,  345  §  2.) 

Sect.  9A  added,  1935,  407  §  4  (limiting  authority  of  courts  to  grant 
injunctive  rehef  in  cases  involving  or  growing  out  of  labor  disputes); 
subsection  (2)  amended,  1950,  452  §  3.  (See  1935,  407  §  6;  1937,  436 
§  10;  G.  L.  150A  §  6  {h)  inserted  by  1938,  345  §  2;   1950,  452  §§  5-7.) 

Sect.  9B  added,  1947,  571  §  2  (relative  to  the  issuance  of  injunctions 
in  certain  jurisdictional  disputes). 

Sect.  22  amended,  1948,  309. 

Sect.  23  revised,  1945,  394  §  1 ;   1947,  365  §  2.    (See  1945,  394  §  2.) 

Sect.  24  amended,  1947,  365  §  1. 

Chapter  215.  —  Probate  Courts. 

Sect.  3,  sentence  added  at  end,  1949,  56. 

Sect.  6  amended,  1933,  237  §  1;  revised,  1937,  257;  amended,  1939, 
194  §  2;  sentence  inserted  before  last  sentence,  1950,  485  §  3;  1951, 
657  §  2;  same  sentence  stricken  out,  1954,  556  §  2.    (See  1954,  556  §  10.) 

Sect.  6B  added,  1935,  247  §  1  (providing  for  interpretative  judg- 
ments in  the  probate  courts  as  to  the  meaning  of  written  instruments) ; 
repealed,  1945,  582  §  3.    (See  1935,  247  §  2;   1945,  582  §  5.) 

Sect.  9,  sentence  added  at  end,  1945,  469  §  1 ;  same  sentence  stricken 
out,  1947,  360.     (See  1945,  469  §  2;    1946,  88,  610  §  1;    1947,  97  §  1.) 

Sect.  11  amended,  1947,  365  §  3. 

Sect.  30A  amended,  1934,  330. 

Sect.  39A  added,  1947,  536  (relative  to  counsel  fees  in  the  probate 
courts);  paragraph  added  at  end,  1951,  80. 

Sect.  39B  added,  1951,  312  (relative  to  counsel  fees  and  certain  other 
expenses  in  probate  courts). 

Sect.  41  revised,  1950,  66  §  3;  amended,  1954,  311  §  3. 

Sect.  42,  sentence  added  at  end,  1952,  184  §  2.    (See  1952,  184  §  4.) 

Sect.  44,  last  sentence  revised,  1941,  323  §  1;  section  amended,  1943, 
91.    (See  1941.  323  §  2.) 


1184  Changes  in  the  [Chap.  217. 

Sect.  51  repealed,  1955,  418  §  2.    (See  1955,  418  §  3.) 
Sect.  58  revised,  1947,  449  §  4.    (See  1947,  449  §  7.) 
Sect.  61  repealed,  1939,  65  §  1.    (See  1939,  65  §  2.) 
Sect.  62,  paragraph  in  lines  11-16  revised,  1950,  108  §  1;  paragraph 
in  hnes  17-20  revised,  1932,  107;    1936,  241;   paragraph  in  Unes  26-28 
revised,  1951,  514;  paragraph  in  lines  29-33  revised,  1934,  24;  paragraph 
in  lines  34-37  amended,  1934,  54;   same  paragraph  revised,  1934,  175 
§  1;  1949,  444;  paragraph  in  lines  38-42  revised,  1950,  416;  paragraph 
in  Unes  45-51  revised,  1935,  132;  paragraph  in  Hnes  56  and  57  revised, 
1933,  274.    (See  1934,  175  §  2;   1950,  108  §  2.) 

Chapter  217.  —  Judges  and  Registers  of  Probate  and  Insolvency. 

For  legislation  relative  to  abolition  of  office  of  special  judge  of  pro- 
bate and  insolvency  on  the  death,  resignation  or  removal  of  the  incum- 
bent, see  1937,  408  §  8. 

For  legislation  providing  special  retirement  rights  for  the  judges  of 
probate  for  the  counties  of  Dukes  and  Nantucket,  see  1951,  760. 

Sect.  1  amended,  1935,  434  §  1;   revised,  1949,  716  §  1,  738  §  1. 

Sect.  2  amended,  1934,  290;  1935,  434  §  2;  first  sentence  revised, 
1949,  716  §  2,  717,  738  §  2. 

Sect.  3,  sentence  added  at  end,  1949,  436  §  1;  revised,  1951,  517. 

Sects.  5  and  6  stricken  out  and  new  sections  5,  5A,  6,  6A  inserted, 
1937,  408  §  3.    (See  1937,  408  §  9.) 

Sect.  7,  sentence  added  at  end,  1937,  408  §  4.    (See  1937,  408  §§  3,  9.) 

Sect.  8  revised,  1937,  408  §  5.    (See  1937,  408  §  9.) 

Sect.  15A  added,  1952,  184  §  3  (relative  to  printing  or  typing  names 
of  persons  whose  signatures  appear  on  certain  instruments  filed  in 
probate  courts).     (See  1952,  184  §  4.) 

Sect.  19  amended,  1948,  354  §  1;   1954,  529  §  2. 

Sect.  24  amended,  1943,  464  §  1.    (See  1943,  464  §  2.) 

Sect.  24A  revised,  1939,  392;   1947,  348. 

Sect.  25  amended,  1947,  347. 

Sect.  25A  added,  1945,  475  §  1  (providing  for  a  permanent  third 
assistant  register  of  probate  for  the  county  of  Essex);  revised,  1946, 
482.    (See  1945,  475  §  2.) 

Sect.  30  revised,  1935,  143  §  1;*  1935,  313  §  1;  1936,  252  §  1;  1941, 
226  §  1;  paragraph  added  at  end,  1951,  611  §  1;  section  revised,  1951, 
700,  793  §  1;  first  sentence  revised,  1955,  378.  (See  1935,  313  §  3; 
1936,  252  §  2;   1941,  226  §  2.) 

Sect.  31  amended,  1951,  793  §  2. 

Sect.  31 A  added,*  1935,  313  §  2  (providing  for  the  appointment  of  a 
messenger  for  the  probate  court  of  Essex  county).    (See  1935,  313  §  3.) 

Sect.  32A  revised,  1952,  229  §  1. 

Sect.  34  revised,  1937,  408  §  1;  1946,  544  §  4;  1951,  745  §  1;  1955, 
733  §  7.  (See  1937,  408  §  9;  1946,  544  §  5;  1951,  745  §§  lA,  IB;  1955, 
395,  733  §§  4,  5,  749  §§  1,  2.) 

Sects.  35A  and  35B  added,  1947,  678  §  2  (estabhshing  the  salaries  of 
registers  of  probate  and  assistant  registers).    (See  1947,  678  §  3.) 

Sect.  35A  amended,  1949,  714;  revised,  1951,  713  §  1;  1955,  638  §  1. 
(See  1951,  713  §  3;  1955,  638  §  3.) 

•  Void  for  non-acceptance. 


Chap.  218.]  GENERAL  LaWS.  1185 

Sect.  35B  revised,  1951,  713  §  2;  amended,  1953,  564;  revised, 
1955,  638  §  2.  (See  1951,  713  §  3;  1955,  638  §  3.) 
Sect.  38  repealed,  1937,  408  §  2. 
Sect.  40  revised,  1937,  408  §  6.  (See  1937,  408  §  9.) 
Sect.  41  amended,  1937,  408  §  7;  1941,  503.  (See  1937,  408  §§  8,  9.) 

Chapter  218.  —  District  Courts. 

For  act  further  extending  to  June  30,  1949,  the  operation  of  certain 
provisions  of  law  (1923,  469,  as  amended)  authorizing  certain  justices 
of  district  courts  to  sit  in  criminal  cases  in  the  superior  court,  see  1948, 
230. 

For  legislation  limiting  the  number  of  special  justices  of  certain  dis- 
trict courts,  see  1941,  664. 

Sect.  1,  first  paragraph  under  caption  "Franklin"  revised,  1932, 
87  §  1;  section  amended,  1939,  451  §  59;  third  paragraph  under  cap- 
tion "Norfolk"  revised,  1949,  590  §  1;  fifth  paragraph  under  caption 
"Suffolk"  revised,  1949,  273  §  1.  (See  1949,  590  §§  2-4;  739;  1951, 
758.) 

Sect.  2A  added,  1951,  325  (providing  for  the  transfer  of  certain  ac- 
tions brought  in  district  courts). 

Sect.  6,  first  paragraph  revised,  1941,  664  §  1;  second  paragraph 
revised,  1945,  611;  section  revised,  1947,  588  §  1;  first  and  second 
paragraphs  revised,  1949,  731;  1951,  762  §  1;  1952,  560;  last  sentence 
of  third  paragraph  stricken  out  and  two  sentences  inserted,  1949,  768; 
third  paragraph  revised,  1950,  575.  (See  1941,  664  §§  2,  3;  1947,  588 
§§2,3;   1951,  762  §4.) 

Sect.  8  revised,  1936,  282  §  1.    (See  1936,  282  §  3.) 

Sect.  9,  sentence  added  at  end,  1934,  217  §  1;  section  revised,  1951, 
604  §  1;  first  sentence  amended,  1952,  156  §  1. 

Sect.  10  amended,  1932,  160  §  1 ;  1937,  297  §  1 ;  1938,  193  §  1 ;  first 
paragraph  amended,  1946,  182;  1947,  335  §  1;  1949,  443;  1950,  444; 
1955,  723;  second  paragraph  revised,  1938,  222  §  1;  amended,  1949, 
800;  1951,  541  §  1;  paragraph  added  at  end,  1941,  309  §  1;  another 
paragraph  added  at  end,  1948,  642  §  1.  (See  1937,  297  §  2;  1938,  193 
§  2,  222  §  2;   1947,  335  §  2;   1951,  541  §  2.) 

Sect.  U  revised,  1951,  604  §  2;  first  sentence  amended,  1952,  156 
§2. 

Sect.  13  revised,  1937,  59;  first  paragraph  stricken  out,  1939,  157  §  1. 
(See  1939,  157  §  4.) 

Sect.  15  revised,  1939,  230  §  1,  347  §  1;  first  paragraph  amended, 
1947,  460  §  1.    (See  1939,  230  §  2;   1947,  460  §  2.) 

Sect.  16  revised,  1937,  219  §  3;   1939,  214  §  5. 

Sect.  19  amended,  1934,  387  §  1;  1943,  296  §  1;  sentence  added  at 
end,  1954,  556  §  3;  section  revised,  1954,  616  §  1.  (See  1934,  387  §  5; 
1943,  296  §  6,  437;   1954,  556  §  10,  616  §  5.) 

Sect.  21  amended,  1953,  168. 

Sect.  22  amended,  1937,  310;  first  sentence  revised,  1954,  328  §  1. 
(See  1954,  328  §  4.) 

Sect.  23  amended,  1950,  500  §  1. 

Sect.  26  revised,  1937,  301  §  1;  1938,  365  §  1.  (See  1937,  301  §  2; 
1938,  365  §  2.) 

Sect.  29  amended,  1932,  55. 


1186  Changes  in  the  [Chap.  218. 

Sect.  30  amended,  1941,  194  §  19. 

Sect.  35A  added,  1943,  349  §  1  (providing  that  certain  persons  against 
whom  complaints  are  made  in  district  courts  may  be  given  an  oppor- 
tunity to  be  heard  before  issuance  of  process);  revised,  1945,  293. 
(See  1943,  349  §  2.) 

Sect.  37  amended,  1945,  250  §  1. 

Sect.  38,  second  sentence  revised,  1939,  347  §  2. 

Sect.  40,  fourth  sentence  revised,  1948,  398  §  1. 

Sect.  43  amended,  1939,  347  §  3. 

Sect.  43A,  first  paragraph  amended,  1938,  324;  section  revised,  1941, 
682  §  1;  first  paragraph  amended,  1943,  101.    (See  1941,  682  §§  lA,  2.) 

Sect.  43B  added,  1950,  210  (prescribing  the  use  of  uniform  official 
blanks  in  certain  district  courts). 

Sect.  52,  third  sentence  amended,  1948,  398  §  2;  last  sentence  re- 
vised, 1949,  462. 

Sect.  53,  first  sentence  revised,  1950,  245;  first  paragraph  amended, 
1948,  642  §  2;  paragraph  added  after  the  first  paragraph,  1936,  230. 

Sect.  53 A  added,  1951,  604  §  3  (relative  to  the  appointment  and  sal- 
aries of  temporary  assistant  clerks  in  the  Boston  IMunicipal  Court). 

Sect.  58  revised,  1936,  282  §  2;  sentence  added  at  end,  1955,  343. 
(See  1936,  282  §  3.) 

Sect.  59,  paragraph  added  at  end,  1948,  248  §  1. 

Sect.  62  amended,*  1932,  235  §  1;  revised,*  1932,  247  §  1;  amended, 
1935,  71  §  1;  1937,  298;  revised,  1939,  305;  amended,  1941,  309  §  3, 
348;  1945,  294;  1946,  264  §  1,  300;  1949,  668;  1953,  138  §  1;  1955, 
633  §  1.    (See  1935,  71  §  2;  1946,  264  §  2;  1953,  138  §  2;  1955,  633  §  2.) 

Sect.  63  revised,  1935,  341. 

Sect.  65,  last  sentence  stricken  out,  1949,  621. 

Sect.  75  revised,  1946,  609  §  1;  1951,  749  §  1;  1955,  748  §  1.  (See 
1946,  609  §  3;  1951,  749  §  2A;  1954,  347,  527;  1955,  748  §§  lA,  IB,  2.) 

Sect.  75A  added,  1946,  512  §  2  (relative  to  the  compensation  of  clerks 
and  assistant  clerks  of  the  municipal  court  of  the  city  of  Boston);  re- 
vised, 1946,  609  §  2;  1949,  261;  1951,  749  §  2.  (See  1946,  512  §  3; 
609  §  3.) 

Sect.  76  amended,  1932,  269  §  1;  1935,  366  §  1;  1937,  378  §  1;  re- 
vised, 1939,  451  §  60;  amended,  1945,  476  §  1;  1946,  453;  498  §  1; 
revised,  1946,  530,  578;  amended,  1946,  600;  revised,  1947,  576;  1948, 
667  §1;  1949,  461  §1;  1951,  768  §  lA.  (See  1935,366  §3;  1945, 476  §2; 
1948,  667  §§  6,  7;   1949,  461  §  2;   1951,  768  §  3B;   1952,  114  §  1.) 

Sect.  77  revised,  1937,  294;  1948,  667  §  2;  1951,  768  §  1;  repealed, 
1955,  741  §  lA.  (See  1948,  667  §  5A;  1949,  312  §  2;  1951,  768  §  3B; 
1952,  114  §  1;   1955,  741  §§2,  3.) 

Sect.  77A  added,  1948,  656  §  1  (relative  to  the  salaries  and  retirement 
of  justices  and  clerks  in  the  district  court  of  Springfield,  the  central 
district  court  of  Worcester  and  the  first  and  third  district  courts  of 
eastern  Middlesex) ;  sentence  inserted  after  first  sentence,  1949,  805'  §  1; 
amended,  1951,  762]§  2;  revised,  1951,  768  §  2;  amended,  1952,  603  §  1; 
1955,  334.  (See  1948,  656  §§  2,  3;  1949,  805  §  3;  1951,  768  §  3B; 
1952,  114;   1953,  298,  380.) 

Sect.  78  revised,  1948,  667  §  3;  sentence  inserted  before  first  sen- 
tence, 1949,  710;   section  amended,  1949,  312  §  1,  805  §  2,  611,  482; 

*  Void  for  non-acceptance. 


Chaps.  219-221.]  GENERAL  LaWS.  1187 

1951,  762  §  3;  revised,  1951,  768  §  3;  amended,  1952,  603  §  2;  1953, 
453;  revised,  1955,  741  §  1.  (See  1948,  667  §§  6,  7;  1949,  312  §  2,  805 
§  3;   1951,  768  §  3B;   1952,  114  §  1;   1955,  741  §§  2,  3.) 

Sect.  79  amended,  1941,  309  §  2;  revised,  1941,  447  §  2;  amended, 
1943,  136  §  2;  revised,  1948,  667  §  4.  (See  1941,  447  §§  4,  5;  1943, 
136  §  3;   1948,  667  §§  6,  7;   1953,  421.) 

Sect.  80,  sentence  added  at  end,  1935,  366  §  2;  section  amended, 
1936,  229  §  1;  1937,  378  §  2;  revised,  1941,  447  §  3;  amended,  1946, 
498  §  2;  revised,  1948.  667  §  5;  1949,  799;  1951,  768  §  3 A.  (See  1935, 
366  §  3;  1936,  229  §  2;  1941,  447  §§  4,  5;  1948,  667  §§  6,  7;  1951, 
768  §3B;   1952,  114  §  1.) 

Sect.  80A  added,  1947,  400  §  2  (relative  to  the  salaries  of  the  secre- 
tary and  assistant  secretary  to  the  justices  of  the  municipal  court  of 
the  city  of  Boston);  revised,  1951,  288  §  1.  (See  1947,  400  §§  3,  4; 
1951,  288  §  2.) 

Sect.  81  revised,  1939,  296  §  1.    (See  1939,  296  §  3.) 

Sect.  82 A  added,  1945,  486  §  1  (relative  to  salaries  of  court  officers 
of  the  municipal  court  of  the  city  of  Boston);  revised,  1949,  381;  1951, 
788  §  1.     (See  1945,  486  §  3;    1951,  788  §  2.) 

Chapter  219. — Trial  Justices. 

Chapter  repealed,  1953,  319  §  1.     (See  1953,  319  §§  39,  40.) 

For  prior  changes  see  Table  of  Changes  contained  in  Acts  and  Resolves  of 
1952. 

Chapter  220.  —  Courts  and  Naturalization. 

Sect.  2  amended,  1953,  319  §  25.    (See  1953,  319  §§  39,  40.) 
Sect.  6  revised,  1947,  449  §  6.     (See  1947,  449  §  7.) 
Sect.  13  amended,  1953,  319  §  26.    (See  1953,  319  §§  39,  40.) 
Sects.  13A  and  13B  added,  1935,  407  §  5  (regulating  procedure  in 

trials  for  contempt  arising  out  of  disobedience  to  decrees  or  process  of 

courts  in  labor  dispute  cases).     (See  1935,  407  §  6;    1937,  436  §  10; 

G.  L.  150A  §  6  (h)  inserted  by  1938,  345  §  2.) 

Sect.  14A  added,  1936,  206  §  1  (relative  to  the  time  within  which 

certain  justices  shall  render  their  decisions).     (See  1936,  206  §  2.) 
Sects.  16  and  17  repealed,  1932,  144  §  3. 
Sect.  19  repealed,  1932,  16. 

Chapter  221.  —  Clerks,  Attorneys  and  Other  OflTicers  of  Judicial  Courts. 

Sect.  4  amended,  1935,  89  §  1;  1937,  158  §  1;  1943,  336  §  1;  revised, 
1946,  248  §  1;  amended,  1955,  354  §  1.  (See  1935,  89  §  2;  1937,  158 
§2;   1943,336  §3;   1955,354  §2.) 

Sect.  5  amended,  1932,  51;  1943,  336  §  2;  fifth  paragraph  revised, 
1951,  228;  sixth  paragraph  revised,  1949,  379;  1950,  324.  (See  1943, 
336  §  3.) 

Sect.  6  amended,  1954,  342  §  1. 

Sect.  6A  added,  1947,  443  (providing  for  the  appointment  of  an 
equity  clerk  of  the  superior  court  for  the  county  of  Middlesex) ;  revised, 
1949,  774  §  3.    (See  1949,  774  §  5.) 

Sect.  6B  added,  1953,  300  (providing  for  the  designation  of  an  as- 
sistant clerk  to  perform  duties  of  equity  clerk  in  the  superior  court 
for  the  county  of  Essex). 


1188  Changes  in  the  (Chap.  221. 

Sect.  12  revised,  1937,  219  §  4;  1939,  214  §  6.       * 

Sect.  24  revised,  1936,  31  §  3. 

Sect.  25  stricken  out,  1953,  319  §  27.    (See  1953,  319  §§  39,  40.) 

Sect.  27  revised,  1939,  157  §  2.    (See  1939,  157  §  4.) 

Sect.  27A  added,  1939,  157  §  3  (relative  to  the  disposal  of  certain 
obsolete  and  useless  papers  of  courts) ;  revised,  1945,  323  §  1 ;  amended, 
1946,  150;  subdivision  (1)  of  first  paragraph  revised,  1952,  276  §  1. 
(See  1939,  157  §  4;  1945,  323  §  2.) 

Sect.  34C  amended,  1947,  601. 

Sect.  35  amended,  1949,  574  §  1. 

Sect.  36  amended,  1945,  157. 

Sect.  36A  added,  1945,  261  (relative  to  educational  requirements 
for  admission  to  the  bar  of  persons  serving  in  the  armed  forces  in  World 
War   II). 

Sect.  43  revised,  1939,  197  §  1. 

Sects.  44A  and  44B  added,  1939,  197  §  2  (prohibiting  employees  and 
other  persons  connected  with  hospitals  from  furnishing  certain  infor- 
mation about  certain  personal  injury  cases  to  attorneys  at  law). 

Sect.  44A  amended,  1943,  293. 

Sect.  46  revised,  1935,  346  §  1. 

Sects.  46A  and  46B  added,  1935,  346  §  2  (prohibiting  individuals  not 
members  of  the  bar  from  practising  law  or  attempting  so  to  do  and  pro- 
viding a  means  of  restraining  unauthorized  practice  of  law). 

Sect.  46B  amended,  1947,  75;  1955,  697  §  2. 

Sect.  46C  added,  1955,  697  §  1  (relative  to  debt  pooling  plans). 

Sect.  47  repealed,  1935,  346  §  3. 

Sect.  49  repealed,  1935,  346  §  3. 

Sect.  50  stricken  out,  and  sections  50,  50A,  50B  inserted,  1945,  397 
§  1.    (See  1945,  397  §  3.) 

Sect.  53  amended,  1939,  151;    1954,  385  §  1.     (See  1954,  385  §  2.) 

Sect.  58  amended,  1932,  40  §  1.     • 

Sect.  60  repealed,  1932,  40  §  2. 

Sect.  63  amended,  1939,  6  §  1.    (See  1939,  6  §§  2,  3.) 

Sect.  68  amended,  1946,  591  §  46A;  1952,  588. 

Sect.  70  amended  and  paragraph  inserted  after  second  paragraph, 
1954,  172  §  1. 

Sect.  71A  added,  1949,  177  (establishing  the  office  of  assistant  chief 
deputy  sheriff  for  attendance  upon  the  superior  court  in  Suffolk  County). 

Sect.  73  revised,  1935,  182  §  2;  1938,  347  §  2;  1941,  448  §  1;  1945, 
388  §  1;  1946,  427  §  1;  amended,  1946,  593  §  1;  revised,  1949,  718; 
first  sentence  revised,  1951,  792.  (See  1935,  182  §§  5,  6;  1938,  347  §  3; 
1941,  448  §  3;   1945,  388  §  3;   1946,  593  §  2.) 

Sect.  73A  added,  1938,  347  §  2;  amended,  1941,  448  §  2;  repealed, 
1945,  388  §  2.    (See  1938,  347  §  3;   1941,  448  §  3.) 

Sect.  76  revised,  1935,  182  §  3;  first  sentence  stricken  out  and  two 
new  sentences  added,  1939,  258  §  1;  second  and  third  sentences  revised, 
1939,  165  §  2.    (See  1935,  182  §§  5.  6;   1939,  165  §  3,  258  §  2.) 

Sect.  76A  added,  1945,  179  §  1  (providing  for  the  appointment  of 
an  assistant  messenger  of  the  superior  court  in  Suffolk  county). 

Sect.  77  revised,  1951,  120;  amended,  1954,  172  §  2. 

Sect.  80  amended,  1935,  182  §  4;  1954,  172  §  3.    (See  1935,  182  §  6.) 

Sect.  88  amended,  1947,  179. 


Chaps.  222,  223.]  GENERAL  LaWS.  1189 

Sect.  90A,  last  sentence  revised,  1951,  82. 

Sect.  91  revised,  1947,  469  §  2.    (See  1947,  469  §§  4,  5.) 

Sect.  91 A  added,  1947,  469  §  3  (relative  to  establishing  salaries  of 
official  stenographers  and  compensation  of  additional  stenographers 
and  temporary  stenographers  of  the  superior  court  in  the  county  of 
Suffolk).    (See  1947,  469  §§  4,  5.) 

Sect.  93  amended,  1945,  515;  revised,  1951,  559;   1955,  733  §  6. 

Sect.  94,  first  sentence  amended,  1932,  180  §  39;  section  revised, 
1946,  262  §  2;  amended,  1947,  290  §  2;  revised,  1948,  183  §  2;  fourth 
sentence  revised,  1949,  221;  section  revised,  1949,  774  §  2.  (See  1946, 
262  §§  4,  5;   1949,  774  §  5.) 

Sect.  94A  added,  1946,  262  §  3  (relative  to  the  salaries  of  the  clerk 
and  assistant  clerks  of  the  superior  court  for  civil  business  in  the  county 
of  Suffolk);  repealed,  1949,  774  §  4.  (See  1946,  262  §§  4,  5;  1949, 
774  §  5.) 

Chapter  222.  —  Justices  of  the  Peace,  Notaries  Public  and  Commissioners. 

Sect.  8  amended,  1947,  256  §  1. 

Sect.  8A  added,  1952,  184  §  1  (relative  to  printing  or  typing  names 
of  persons  whose  signatures  appear  on  certain  instruments  filed  in 
probate  courts).    (See  1952,  184  §  4.) 

Sect.  11  added,  1953,  191  (relative  to  the  acknowledgment  of  written 
instruments  by  persons  serving  in  or  with  the  armed  forces  of  the 
United  States.) 

Chapter  223.  —  Commencement  of  Actions,  Service  of  Process. 

Sect.  2  revised,  1934,  387  §  2;  last  sentence  of  first  paragraph  revised, 
1943,  296  §  2;  1954,  616  §  2;  amended,  1955,  158.  (See  1934,  387  §  5; 
1943,  296  §  6,  437;  1954,  616  §  5.) 

Sect.  2A  added,  1935,  483  §  1  (providing  for  trial  together  of  two  or 
more  actions  arising  out  of  the  same  motor  vehicle  accident  pending  in 
district  courts).  (See  1935,  483  §§2,  3.)  Section  stricken  out  and  new 
sections  2A-2C  inserted,  1943,  369  §  1  (relative  to  the  trial  and  disposi- 
tion of  certain  actions  and  proceedings  pending  in  different  courts). 
(See  1943,  369  §  2.) 

Sect.  2A  revised,  1952,  460. 

Sect.  2B  amended,  1945,  373  §  1.    (See  1945,  373  §  2.) 

Sect.  8A  added,  1947,  488  §  6  (relative  to  transitory  actions  by  or 
against  subscribers  to  a  reciprocal  or  inter-insurance  exchange). 

Sect.  19A  added,  1947,  488  §  7  (providing  that  actions  by  or  against 
subscribers  to  a  reciprocal  or  inter-insurance  exchange  shall  be  brought 
in  the  name  under  which  the  contracts  are  issued). 

Sect.  24  amended,  1938,  115  §  2. 

Sect.  37,  last  sentence  stricken  out  and  new  paragraph  added  at 
end,  1945,  306  §  1;  fourth  sentence  of  last  paragraph  amended,  1948, 
308;  revised,  1955,  611  §  7.    (See  1945,  306  §  2.) 

Sect.  38  amended,  1939,  451  §  61. 

Sect.  39B  added,  1947,  488  §  8  (providing  that,  in  actions  against 
subscribers  of  a  domestic  reciprocal  or  inter-insurance  exchange,  service 
may  be  made  upon  the  attorney  in  fact  if  a  domestic  exchange) . 


1190  Changes  IN  THE  [Chaps.  224-228. 

Sect.  42  amended,  1937,  295  §  1. 

Sect.  42A  added,  1943,  234  §  1  (relative  to  the  amount  for  which 

attachments  may  be  made  on  liquidated  claims).    (See  1943,  234  §  3.) 
Sect.  44A  added,  1937,  295  §  2  (further  regulating  the  attachment  of 

motor  vehicles  on  mesne  process  in  actions  of  contract). 
Sect.  45A,  sentence  added  at  end,  1954,  181. 
Sect.  48  revised,  1937,  308;    amended,  1938,  348  §  1.     (See  1938, 

348  §  2.) 

Sect.  51  revised,  1948,  550  §  43. 

Sect.  62,  sentence  added  at  end,  1947,  105. 

Sect.  65  revised,  1953,  338  §  1.    (See  1953.  338  §  5.) 

Sect.  74  revised,  1943,  298  §  1.     (See  1943,  298  §  10.) 

Sect.  75  revised,  1943,  298  §  2.     (See  1943,  298  §  10.) 

Sect.  76  revised,  1943,  298  §  3.     (See  1943,  298  §  10.) 

Sect.  78  revised,  1943,  298  §  4.     (See  1943,  298  §  10.) 

Sect.  79  revised,  1943,  298  §  5.     (See  1943,  298  §  10.) 

Sect.  80  revised,  1943,  298  §  6.     (See  1943,  298  §  10.) 

Sect.  81  revised,  1943,  298  §  7.     (See  1943,  298  §  10.) 

Sect.  82  revised,  1943,  298  §  8.     (See  1943,  298  §  10.) 

Sect.  83A  added,  1943,  298  §  9  (providing  that  sections  74-83  shall 

not  apply  to  conditional  sales,  notices  of  which  are  recordable  under 

G.  L.  184  §  13).     (See  1943,  298  §  10.) 
Sect.  114  amended,  1938,  325  §  1;  revised,  1943,  234  §  2.    (See  1938, 

325  §  2;   1943,  234  §  3.) 

Sect.  114A  added,  1945,  339  §  1  (relative  to  the  dissolution  of  certain 

real  estate  attachments  by  operation  of  law);    last  sentence  revised, 

1953,  338  §  2.    (See  1945,  339  §  2;   1952,  246;  1953,  338  §  5.) 
Sect.  132  revised,  1953,  338  §  3.     (See  1953,  338  §  5.) 

Chapter  224.  —  Arrest  on  Mesne  Process  and  Supplementary  Proceedings 

in  Civil  Actions. 

Sect.  12  amended,  1945,  101  §  1. 

Sect.  16  amended,  1943,  292  §  1.     (See  1943,  292  §  2.) 

Sect.  18,  paragraph  inserted  after  first  paragraph,  1946,  177. 

Chapter  226.  —  Bail. 

Sect.  23  amended,  1945,  101  §  2. 

Chapter  227.  —  Proceedings  against  Absent  Defendants  and   upon   Insuf- 
ficient Service. 

Sect.  1  amended,  1949,  612  §  1. 

Sect.  5,  last  sentence  stricken  out  and  two  sentences  inserted,  1955, 
360. 

Sect.  5 A  added,  1949,  612  §  2  (relative  to  the  service  of  process  on 
certain  non-residents  doing  business  in  the  commonwealth). 

Chapter  228.  —  Survival  of  Actions  and  Death  and  Disabilities  of  Parties. 

Sect.  1  revised,  1934,  300  §  1.     (See  1934,  300  §  2.) 
Sect.  5  amended,  1933,  221  §  7;   revised,  1937,  406  §  1;   amended, 
1950,  391.    Affected,  1938,  16.     (See  1933,  221  §  8.) 


Chaps.  229-231.]  GENERAL  LawS.  1191 


Chapter  229.  —  Actions  for  Death  and  Injuries  Resulting  in  Death. 

Sect.  1  revised,  1943,  444  §  1. 

Sect.  2  amended,  1941,  460  §  1,  504  §  1. 

Sect.  3,  first  sentence  revised,  1941,  460  §  2;  section  amended,  1941, 
504  §  2. 

Sect.  5  amended,  1937,  406  §  3;  1941,  504  §  3. 

Sects.  1-5  stricken  out  and  sections  1  and  2  inserted,  1946,  614  §  1. 
(See  1946,  614  §  7.) 

Sect.  1  amended,  1947,  506  §  1;  revised,  1949,  427  §  1.  (See  1947 
506  §§3,  3A;   1949,427  §  11.) 

Sect.  2  revised,  1947,  506  §  lA;  1949,  427  §  2.  (See  1947,  506  §§  3, 
3A;   1949,  427  §  11.) 

Sects.  2A-2C  added,  1949,  427  §  3  (relative  to  actions  against  cer- 
tain corporations  and  others  for  death  and  injuries  resulting  in  death). 
(See  1949,  427  §  11.) 

Sect.  2C  amended,  1951,  250. 

Sect.  5A  added,  1938,  278  §  1  (to  permit  recovery  in  certain  death 
cases  notwithstanding  that  the  death  of  the  tortfeasor  occurred  before 
that  of  the  person  whose  death  he  caused);  amended,  1946,  614  §  2; 
revised,  1949,  427  §  4.    (See  1938,  278  §  2;  1946,  614  §7;  1949,  427  §  11.) 

Sect.  6  amended,  1939,  451  §  62;  revised,  1946,  614  §  3;  1947,  506 
§  2;   1949,  427  §  5.    (See  1946,  614  §  7;   1947,  506  §  3,  3A;   1949,  427 

§11.) 

Sects.  6A  and  6B  added,  1943,  444  §  2  (relative  to  the  disposition  of 
money  recovered  in  certain  actions  for  death). 

Sect.  6A  revised,  1946,  614  §  4;  1949,  427  §  6.  (See  1946,  614  §  7; 
1949,  427  §  11.) 

Sect.  6B  amended,  1946,  614  §  5;  revised,  1949,  427  §  6.  (See  1946, 
614  §  7:  1949,  427  §  11.) 

Sects.  6C-6F  added,  1949,  427  §  7  (relative  to  actions  against  cer- 
tain employers  for  death  and  injuries  resulting  in  death).  (See  1949 
427  §  11.) 

Sects.  7  and  8  repealed,  1946,  614  §  6.    (See  1946,  614  §  7.) 

Sect.  9  amended,  1941,  504  §  4;  repealed,  1946,  614  §  6.  (See  1946, 
614  §  7.) 

Sect.  10  repealed,  1946,  614  §  6.    (See  1946,  614  §  7.) 

Chapter    230.  —  Actions    By    and    Against    Executors   and    Administrators. 

Sect.  5  amended,  1934,  116. 

Chapter  231.  —  Pleading  and  Practice. 

Sect.  1A  added,  1951,  403  (relative  to  the  commencement  of  actions 
arising  out  of  tort  and  contract). 

Sect.  4A  added,  1943,  350  §  1  (providing  for  the  joinder  of  parties  in 
one  action  in  certain  cases) ;  sentence  inserted  after  first  sentence,  1947, 
408  §  1.    (See  1943,  350  §§  3,  4;   1947,  408  §  2.) 

Sect.  5  amended,  1945,  141  §  2. 

Sect.  6A  added,  1939,  372  §  1  (relative  to  the  recovery  of  certain 
medical  expenses  by  the  husband  of  a  married  woman  or  the  parent  or 
guardian  of  a  minor,  in  actions  to  recover  for  personal  injuries  by  mar- 
ried women  and  minors).    (See  1939,  372  §  2.) 


1192  Changes  in  the  [Chap.  231. 

Sect.  6B  added,  1946,  212  §  1  (providing  for  interest  from  the  date 
of  the  writ  in  certain  civil  actions);  amended,  1951,  244.  (See  1946, 
212  §  3.) 

Sect.  7,  clause  Sixth  revised,  1939,  67  §  1.    (See  1939,  67  §  2.) 

Sect.  30  amended,  1949,  179. 

Sect.  55  amended,  1935,  318  §  6.    (See  1935,  318  §  8.) 

Sect.  59,  sentence  inserted  after  fourth  sentence,  1955,  359;  section 
and  caption  preceding  it  stricken  out  and  new  section  under  new  caption 
inserted,  1955,  674  §  1. 

Sect.  59A  and  caption  preceding  it  stricken  out  and  new  section  under 
new  caption  inserted,  1955,  647  §  2. 

Sect.  59C  added,  under  caption  "speedy  trial  of  certain  actions 
FOR  malpractice,  ERROR  OR  MISTAKE",  1935,  118  §  1  (relative  to  the 
advancement  for  speedy  trial  in  the  superior  court  of  actions  against 
physicians  and  others  for  malpractice,  error  or  mistake).  (See  1935, 
118  §  2.) 

Sect.  59D  added,  1952,  139  (providing  speedy  trials  of  certain  ac- 
tions under  election  laws). 

Sect.  63  amended,  1932,  84  §  1. 

Sect.  69  amended,  1932,  177  §  1;  revised,  1946,  450.  (See  1932, 
177  §  2.) 

Sect.  73  repealed,  1932,  180  §  40. 

Sect.  78  repealed,  1932,  180  §  40. 

Sect.  84A  added,  1933,  247  §  1  (relative  to  the  joint  trial  in  the 
superior  court  of  actions  involving  the  same  subject  matter).  (See 
1933  247  5  2.) 

Sect.  85  revised,  1947,  386  §  1;  1952,  533  §  1.  (See  1947,  386  §  2; 
1952,  533  §  2.) 

Sects.  85B  and  85C  added,  1937,  439  §  1  (relative  to  procedure  in 
certain  actions  to  recover  damages  arising  out  of  motor  vehicle  acci- 
dents and  in  suits  by  judgment  creditors  in  actions  to  reach  and  apply 
the  proceeds  of  motor  vehicle  liability  policies  and  in  actions  to  recover 
on  motor  vehicle  liability  bonds).    (See  1937,  439  §  2.) 

Sect.  85D  added,  1945,  352  §  1  (providing  that  negligence  of  parent 
or  custodian  shall  not  be  imputed  to  an  infant  because  of  such  parent- 
hood or  custodianship).    (See  1945,  352  §§3,  4.) 

Sect.  91  revised,  1943,  365  §  1.    (See  1943,  365  §  2.) 

Sect.  93  revised,  1943,  360. 

Sect.  94  amended,  1943,  361. 

Sect.  94A  added,  1953,  169  (relative  to  defences  in  actions  for  false 
arrest  or  imprisonment). 

Sect.  96A  added,  1945,  530  §  1  (relative  to  the  filing  of  bills  of  excep- 
tions in  suits  in  equity) ;  repealed,  1947,  361.  (See  1945,  530  §  2;  1946, 
94,  610  §  2;   1947,  97  §  2.) 

Sect.  102A  added,  1934,  387  §  3  (relative  to  the  removal  to  the 
superior  court  of  an  action  of  tort  arising  out  of  the  operation  of  a 
motor  vehicle) ;  amended,  1937,  133  §  1;  revised,  1938,  338  §  1;  first 
paragraph  amended,  1941,  203  §  1;  second  paragraph  amended,  1941, 
203  §  2;  section  repealed,  1943,  296  §  3.  (See  1934,  387  §  5;  1937,  133 
§  2;  1938,  338  §  2;   1941,  203  §  3;   1943,  296  §  6.) 

Sect.  102B  added,  1954,  616  §  3  (relative  to  the  removal  to  the  su- 
perior court  of  an  action  of  tort  arising  out  of  the  operation  of  a  motor 
vehicle).    (See  1954,  616  §  5.) 

Sect.  104  amended,  1950,  500  §  2. 


Chaps.  231A,  233.]  GENERAL  LawS.  1193 

Sect.  107  revised,  1943,  296  §  4.    (See  1943,  296  §  6.) 

Sect.  108,  second  paragraph  revised,  1939,  382;  amended,  1948,  322; 
revised,  1949,  683;  second  sentence  of  third  paragraph  revised,  1933, 
255  §  1.    (See  1933,  255  §  2.) 

Sect.  113,  two  sentences  added  at  end,  1945,  328. 

Sect.  115  amended,  1939,  451  §  63. 

Sect.  125A  added,  1949,  171  §  1  (relative  to  the  further  report  of 
material  facts  in  equity  and  probate  appeals  when  evidence  is  not 
reported) . 

Sect.  127,  sentence  added  at  end,  1945,  578  §  1.  (See  1945,  578  § 
3.) 

Sect.  128  amended,  1945,  578  §  2.    (See  1945,  578  §  3.) 

Sect.  133  amended,  1933,  300  §  2.    (See  1933,  300  §  4.) 

Sect.  135,  two  paragraphs  inserted  after  first  paragraph,  1941,  187 
§  1.    (See  1941,  187  §  2.) 

Sect.  140A  added,  1932,  130  §  1  (relative  to  the  effect  of  a  settle- 
ment by  agreement  of  an  action  of  tort  growing  out  of  a  motor  vehicle 
accident  upon  the  right  of  a  defendant  in  such  action  to  maintain  a 
cross  action);  revised,  1947,  431  §  1.    (See  1947,  431  §  2.) 

Sect.  141  amended,  1932,  130  §  2;  1933,  300  §  3;  1934,  387  §  4; 
1943,  296  §  5,  350  §  2;  1945,  352  §  2;  1946,  212  §  2;  1954,  616  §  4. 
(See  1933,  300  §  4;  1934,  387  §  5;  1943,  296  §  6,  350  §§  3,  4;  1946, 
212  §3;   1954,  616  §5.) 

Sect.  142  amended,  1935,  318  §  7.    (See  1935,  318  §  8.) 

Sect.  145  amended,  1939,  451  §  64;   1953,  104. 

Sect.  147,  Form  8  repealed,  1938,  350  §  2. 

Chapter  231A.  —  Procedure  for  Declaratory  Judgments. 
New  chapter  inserted,  1945,  582  §  1.     (See  1945,  582  §  5.) 

Chapter  233.  —  Witnesses  and  Evidence. 

Sect.  1  revised,  1945,  250  §  2. 

Sect.  3A  added,  1933,  262  (authorizing  the  commissioner  of  banks 
to  respond  to  summonses  or  subpoenas  by  an  employee  or  other  assist- 
ant in  his  department). 

Sect.  8  amended,  1933,  269  §  3,  376  §  3;   1949,  292. 

Sects.  13A-13D  added,  1937,  210  §  1  (making  uniform  the  law  secur- 
ing the  attendance  of  witnesses  from  without  a  state  in  criminal  pro- 
ceedings).    (See  1937,  210  §  2.) 

Sect.  20,  second  paragraph  revised,  1951,  657  §  3. 

Sect.  21,  paragraph  Second  revised,  1950,  426. 

Sect.  21A  added,  1947,  410  §  1  (making  admissible  evidence  relat- 
ing to  the  reputation  of  a  person  in  a  group  with  whom  he  habitually 
associates).     (See  1947,  410  §  2.) 

Sect.  22  amended,  1932,  97  §  1. 

Sect.  23A  added,  1945,  424  §  1  (relative  to  the  admissibility  in  evi- 
dence of  written  statements  obtained  from  persons  sustaining  personal 
injuries  in  accidents);  amended,  1953,  242.    (See  1945,  424  §  2.) 

Sect.  26  amended,  1932,  71  §  1. 

Sect.  29  amended,  1932,  71  §  2. 

Sect.  30  amended,  1932,  71  §  3. 

Sect.  32  amended,  1932,  71  §  4. 

Sect.  33  amended,  1932,  71  §  5. 


1194  Changes  in  the  [Chap.  234. 

Sect.  34  amended,  1932,  71  §  6. 

Sect.  45  amended,  1932,  71  §  7. 

Sect.  46  amended,  1932,  71  §  8. 

Sect.  47  amended,  1932,  71  §  9. 

Sect.  48  amended,  1932,  71  §  10. 

Sect.  49  amended,  1932,  71  §  11. 

Sect.  65  amended,  1941,  363  §  1;  1943,  105  §  1;  revised,  1943,232 
§  1.    (See  1941,  363  §  2;  1943,  105  §  2,  232  §  2.) 

Sect.  75,  sentence  added  at  end,  1943,  190  §  1.     (See  1943,  190  §  2.) 

Sect.  76A  added,  1938,  213  §  1  (relative  to  the  use  of  authenticated 
copies  of  certain  papers  and  documents  filed  with  the  federal  securities 
and  exchange  commission).    (See  1938,  213  §  2.) 

Sect.  76B  added,  1954,  292  (relative  to  the  use  of  printed  copies  of 
schedules  on  file  with  the  interstate  commerce  commission  as  evi- 
dence). 

Sect.  78  revised,  1954,  442  §  1.    (See  1954,  442  §  2.) 

Sect.  79  revised,  1941,  389  §  2;  amended,  1943,  233  §  1;  1946, 
473  §1;  1948,  74.    (See  1943,  233  §  2;  1946,  473  §  2.) 

Sect.  79A  added,  1941,  662  §  2  (relative  to  the  use  in  evidence  of 
photographic  and  microphotographic  records  and  copies) ;    amended, 

1948,  154. 

Sect.  79B  added,  1947,  385  §  1  (making  admissible  in  evidence  in 
civil  cases  certain  publicly  issued  compilations  of  facts  and  statistics). 
(See  1947,  385  §  2.) 

Sect.  79C  added,  1949,  183  §  1  (making  admissible  in  evidence  in 
cases  of  contract  or  tort  for  malpractice  certain  statements  of  recog- 
nized experts  contained  in  certain  publications).     (See  1949,  183  §  2.) 

Sect.  79D  added,  1949,  240  (making  admissible  in  evidence  certain 
copies  of  newspapers  and  documents  made  by  the  photographic  or 
microphotographic  process) . 

Sect.  79E  added,  1952,  120  (relative  to  the  admissibility  in  evidence 
of  business  and  public  records) ;  amended,  1955,  125. 

Sect.  79F  added,  1952,  476  (relating  to  proof  of  the  existence  of  a 
public  way). 

Chapter  234.  —  Juries. 

Sect.  1  amended,  1935,  257  §  11;  1936,  25;  revised,  1949,  347  §  1. 
(See  1935,  257  §  12;  1949,  347  §  5.) 

Sect.  1A  added,  1949,  347  §  2  (relative  to  excusing  certain  persons 
from  jury  service).    (See  1949,  347  §  5.) 

Sect.  4,  first  paragraph  revised,  1949,  347  §  3;  last  sentence  stricken 
out  and  two  sentences  inserted,  1955,  38  §  1.    (See  1949,  347  §  5.) 

Sect.  5  amended,  1955,  38  §  2. 

Sect.  11  amended,  1934,  150. 

Sect.  15  repealed,  1936,  161  §  1.    (See  1936,  161  §  3.) 

Sect.  24  amended,  1941,  90. 

Sects.  25  and  26  stricken  out,  and  sections  25,  26,  26A,  26B  inserted, 
1945,  428  §  1  (providing  for  emergency  jurors  and  for  the  waiver  of  a 
full  jury).    (See  1945,  428  §  3.) 

Sect.  25,  first  sentence  amended,  1955,  38  §  3;  third  sentence  amended, 

1949,  347  §  4.    (See  1949,  347  §  5.) 

Sect.  29  revised,  1945,  428  §  2;  1955,  485  §  1.  (See  1945,  428  §  3; 
1955,  485  §  2.) 


Chaps.  235-246.]  GENERAL  LawS.  1195 


Chapter  235.  —  Judgment  and  Execution. 

Sect.  17,  paragraph  added  at  end,  1948,  113. 
Sect.  34,  clause  Second  amended,  1951,  35. 

Chapter  236.  —  Levy  of  Executions  on  Land. 

Sect.  5  revised,  1953,  338  §  4.    (See  1953,  338  §  5.) 

Sect.  18  revised,  1939,  32  §  4.    (See  1939,  32  §  5.) 

Sect.  49A  added,  1953,  455  §  1  (relative  to  the  dissolution  of  cer- 
tain levies  on  execution  on  real  estate  by  operation  of  law).  (See 
1953,  455  §  2.) 

Chapter  239.  —  Summary  Process  for  Possession  of  Land. 

Sect.  1  amended,  1941,  242  §  1;  first  sentence  amended,  1952,  151 
§  1;   1953,  106. 

Sect.  5  revised,  1946.  175  §  1.    (See  1946,  175  §  2.) 

Sect.  6,  two  sentences  added  at  end,  1952,  151  §  2. 

Sect.  6A  added,  1941,  242  §  2  (relative  to  conditions  of  bonds  in 
actions  of  summary  process  for  recovery  of  possession  of  land  after 
tax  title  foreclosures). 

Sects.  9-13  affected,  1941,700;  1946,43;  1947,78;  1948,2;  1949,87; 
1950,33,301;   1951,30;   1952,25;   1954,264;   1955,226. 

Sect.  9  amended,  1953,  485. 

Chapter  240.  —  Proceedings  for  Settlement  of  Title  to  Land. 

Sect.  14A  added,  1934,  263  §  2  (providing  for  determination  by  the 
land  court  by  declarator}^  judgment  as  to  the  validity  and  extent  of 
municipal  zoning  ordinances,  by-laws  and  regulations). 

Chapter  241.  —  Partition  of  Land. 

Sect.  34  revised,  1950,  64  §  2;   1954,  312  §  2. 

Chapter  244.  — ■  Foreclosure  and  Redemption  of  Mortgages. 

For  legislation  concerning  judicial  determination  of  rights  to  foreclose 
real  estate  mortgages  in  which  soldiers  or  sailors  may  be  interested,  see 
1941,  25;   1943,  57;   1945,  120. 

Sect.  15,  sentence  added  at  end,  1946,  204. 

Sects.  17A-17C  added,  1945,  604  §  1  (relative  to  actions  for  deficien- 
cies on  mortgage  notes  following  foreclosures,  etc.).    (See  1945,  604  §  2.) 

Chapter  246.  —  Trustee  Process. 

Sect.  1  revised,  1938,  303  §  1;  amended,  1943,  17  §  1.  (See  1938,  303 
§  2;  1943,  17  §  2.) 

Sect.  28  revised,  1935,  410  §  1;  1941,  338  §  1;  amended,  1947,  264  §  1; 
1951,  78.  (See  1935,  410  §§  2,  3;  1941,  338  §  2;  1947,  264  §  2.) 

Sect.  32,  paragraph  Eighth  added  at  end,  1938,  343;  revised,  1950, 
260,  558;  1954,  467. 


1196  Changes  in  the  [Chaps.  249-255. 


Chapter  249.  —  Audita  Querela,  Certiorari,  Mandamus  and  Quo  Warranto. 

Sect.  4  amended,  1943,  374  §  1;  sentence  added  at  end,  1953,  586 
§  1.  (See  1939,  257;  1941,  28,  180;  1943,  374  §§  3,  4;  1953,  586  §  2.) 

Sect.  5  amended,  1938,  202;  1943,  374  §  2;  1949,  176.  (See  1939, 
257;  1941,  28,  180;  1943,  374  §  4.) 

Chapter  250.  —  Writs  of  Error,  Vacating  Judgment,  Writs  of  Review. 

Sect.  16  amended,  1933,  244  §  1.    (See  1933,  244  §  2.) 

Chapter  252.  —  Improvement  of  Low  Land  and  Swamps. 

Sect.  22  revised,  1948,  550  §  44. 

Sect.  24  added,  1948,  391  §  1  (providing  for  the  establishment  of 
Greenhead  fly  control  projects);  revised,  1954,  388  §  1;  1955,  433. 
(See  1948,  391  §  2;   1954,  388  §  2.) 

Chapter  254.  —  Liens  on  Buildings  and  Land. 

Sect.  5  amended,  1954,  461  §  2.    (See  1954,  461  §§  3,  4.) 
Sect.  30  added,  1953,  405  §  1  (providing  for  the  recording  of  liens  for 
labor  and  notices  of  contract  by  the  registers  of  deeds). 

Chapter  255.  —  Mortgages,  Conditional  Sales  and  Pledges  of  Personal 
Property,  and  Liens  thereon. 

Sect.  1.  See  1933,  142  (recording  of  federal  crop  loans  to  farmers). 
See  also  1936,  264  subsection  20  (relative  to  trust  receipt  and  pledge 
transactions) . 

Sect.  3  amended,  1935,  86  §  2;  revised,  1948,  550  §  45;  1949,  404  §  4. 

Sects.  7A~7E  added,  1935,  86  §  1  (relative  to  the  mortgaging  of  crops 
and  certain  other  classes  of  personal  property). 

Sect.  11  revised,  1939,  509  §  1. 

Sect.  12  revised,  1939,  509  §  1;   1943,  410  §  1.    (See  1943,  410  §  2.) 

Sect.  12A  added,  1950,  81  (providing  that  notice  relative  to  finance 
charges  be  printed  in  certain  contracts  of  sale). 

Sect.  12B  added,  1955,  455  (relative  to  prepayment  of  contracts  of 
conditional  sales  of  personal  property). 

Sect.  13  revised,  1939,  509  §  1;  amended,  1941,  285. 

Sect.  13A  added,  1935,  348  §  1  (regulating  conditional  sales  of  motor 
vehicles);  revised,  1939,  509  §  1.    (See  1935,  348  §  2.) 

Sect.  13B  added,  1935,  396  (relative  to  certain  contracts  of  condi- 
tional sale  of  household  or  personal  effects). 

Sects.  13C  and  13D  added,  1937,  315  (relative  to  contracts  of  con- 
ditional sale  of  household  furniture  or  other  household  or  personal 
effects  except  jewelry). 

Sect.  13C  revised,  1938,  367. 

Sect.  13C  and  13D  stricken  out,  and  new  sections  13C-13G  inserted, 
1939,  509  §  2. 

Sect.  13H  added,  1941,  468  (relative  to  conditional  sales  of  textile  and 
other  machinery,  seats  for  theatres  and  other  places  of  public  assembly, 
and  parts,  accessories,  appliances  and  equipment  therefor). 

Sect.  15  revised,  1948,  550  §  46. 


Chaps.  255A-260.]  GENERAL  LaWS.  1197 

Sect.  25A  added,  1950,  326  §  9  (relative  to  liens  on  trailer  coaches 
for  certain  charges). 

Sect.  26  amended,  1950,  326  §  10. 

Sect.  27  amended,  1950,  326  §  11. 

Sect.  31  revised,  1950,  326  §  12. 

Sect.  31D  added,  1945,  607  (creating  a  lien  in  favor  of  certain  per- 
sons performing  work  upon,  or  storing  articles  of  clothing  or  household 
goods). 

Sect.  31E  added,  1948,  637  §  12  (creating  a  lien  in  favor  of  certain 
persons  for  proper  charges  due  them  for  landing,  parking,  etc.,  of  air- 
craft).   (See  1948,  637  §§  9,  13.) 

Sect.  35  amended,  1938,  83  §  1.    (See  1938,  83  §  2.) 

Sect.  39A  added,  1954,  585  (providing  for  the  sale  by  garage  owners 
of  certain  motor  vehicles  placed  for  storage  and  not  claimed  within  a 
certain  period). 

Sects.  40-47  added,  1945,  285  (providing  for  the  creation  of  liens 
upon  merchandise  without  the  necessity  of  custody  or  possession  in  the 
lienee). 

Sect.  40  amended,  1946,  514  §  1;  revised,  1947,  273  §  1. 

Sect.  41,  first  paragraph  amended,  1946,  514  §  2;  section  revised, 
1947,  273  §  2. 

Sect.  42  revised,  1947,  273  §  3;  last  sentence  revised,  1950,  454  §  1. 

Sect.  43  revised,  1947,  273  §  4. 

Sect.  44  revised,  1947,  273  §  5;  amended,  1950,  454  §  2. 

Sect.  45  amended,  1947,  273  §  6. 

Chapter   255A.  —  Trust   Receipts   and   Pledges   without   Possession   in   the 

Pledgee. 

New  chapter  inserted,  1936,  264. 

Sect.  13,  subsection  3  amended,  1951,  445. 

Chapter  258.  —  Claims  against  the  Commonwealth. 

Sect.  3  revised,  1932,  180  §  41;  1951,  518. 

Sect.  4A  added,  1945,  552  (to  prevent  the  running  of  interest  on 
claims  against  the  commonwealth  after  an  offer  of  judgment). 
Sect.  5  repealed,  1943,  566  §  2. 

Chapter  260.  —  Limitation  of  Actions. 

Sect.  2  revised,  1948,  274  §  1.    (See  1948,  274  §  3.) 

Sect.  2A  added,  1948,  274  §  2  (further  limiting  the  time  within  which 
actions  of  replevin,  and  certain  actions  of  contract  and  tort,  may  be 
commenced).    (See  1948,  274  §  3.) 

Sect.  3A  added,  1943,  566  §  1  (limiting  the  time  within  which  peti- 
tions founded  upon  claims  against  the  commonwealth  may  be  brought). 

Sect.  4  amended,  1933,  318  §  5;  1934,  291  §  4;  1937,  385  §  9;  first 
paragraph  amended,  1955,  235  §  1;  paragraph  added  at  end.  1943, 
409  §  4.  rSee  1933,  318  §  9;  1934,  291  §  6;  1937,  385  §  10;  1955, 
235  §  2.) 

Sect.  4A  added,  1947,  333  §  1  (limiting  the  time  within  which  certain 
actions  to  recover  back  wages  may  be  commenced).    (See  1947,  333  §  2.) 


1198  Changes  IN  THE  [Chaps.  261,  262. 

Sect.  4B  added,  1949,  531  (relative  to  the  commencement  of  actions 
arising  out  of  motor  vehicle  hit  and  run  accidents,  so  called) ;  amended, 

1954,  107. 

Sect.  10,  sentence  added  at  end,  1937,  406  §  2. 

Chapter  261.  —  Costs  in  Civil  Actions. 

Sect.  4  amended,  1937,  44  §  1.  (See  1937,  44  §  2;  1943,  296  §§  3,  6.) 

Chapter  262.  —  Fees  of  Certain  Officers. 

Sect.  1,  paragraph  6  amended,  1948,  295;  revised,  1949,  129; 
amended,  1951,  40. 

Sect.  2  revised,  1939,  345  §  1;  third  paragraph  amended,  1950, 
119  §  1;  section  revised,  1954,  328  §  2;  paragraph  inserted  after  third 
paragraph,  1954,  556  §  5.  (See  1939,  345  §  3;  1954,  328  §  4,  556  §§  8, 
10.) 

Sect.  4  amended,  1954,  328  §  3;  sixth  paragraph  revised,  1950, 
119  §  2;  1953,  632;  amended,  1954,  582;  seventh  paragraph  amended, 
1937,  188;  seventh  to  tenth  paragraphs  stricken  out,  1939,  345  §  2; 
paragraph  in  lines  30-31  revised,  1954,  624.  (See  1939,  345  §  3;  1954, 
328  §  4.) 

Sect.  5  amended,  1933,  201. 

Sect.  8  revised,  1947,  135;   paragraph  added  at  end,  1954,  556  §  6. 

Sect.  23  amended,  1953,  96. 

Sect.  24  amended,  1953,  89;   1955,  244. 

Sect.  25  amended,  1933,  162;   1934,  141;   1945,  236  §  1;   1949,  335; 

1955,  328.  (See  1945,  236  §  2.) 
Sect.  29  amended,  1949,  697. 
Sect.  32  revised,  1935,  280. 

Sect.  34  amended,  1933,  21;  revised,  1948,  550  §  1;  clauses  (5)- 
(10),  (26),  (37)-(41),  (70),  (71),  (73)  and  (77)  stricken  out,  1949,  297 
§  1;  clauses  (17)-(19)  stricken  out,  1949,  404  §  3;  clause  (21)  revised, 
1952,  32  §  2;  clauses  (47)  and  (48)  revised,  1949,  404  §  1;  clause  (56) 
amended,  1951,  58;  clause  (69)  revised,  1953,  164  §  3;  clause  (79) 
revised,  1949,  404  §  2. 

Sect.  34A  added,  1938,  380  (authorizing  the  charging  of  certain  fees 
by  city  and  town  clerks  or  registrars  for  the  expense  of  the  examination 
or  copying  by  them  of  records  of  births,  marriages  and  deaths) ;  revised, 
1948,  550  §  47. 

Sect.  36  revised,  1952,  301. 

Sect.  38,  second  paragraph  amended,  1937,  97;  two  paragraphs 
inserted  after  paragraph  in  line  23,  1945,  569  §  2;  section  revised,  1946, 
353  §  1;  second  paragraph  amended,  1951,  179;  paragraph  inserted 
after  third  paragraph,  1950,  539  §  2;  section  revised,  1953,  348  §  1. 

Sect.  39,  paragraph  in  hues  15,  16  amended,  1945,  522;  paragraph 
added  at  end,  1939,  13;  section  revised,  1946,  353  §  2;  1950,  589;  1953, 
348  §  2. 

Sect.  40  revised,  1934,  324  §  1;  paragraph  inserted  after  second 
paragraph,  1951,  657  §  4;  stricken  out,  1954,  556  §  4;  two  paragraphs 
added  at  end,  1954,  562  §  6;  section  revised,  1955,  418  §  1;  eighth 
paragraph  revised,  1955,  744  §  1.  (See  1934,  324  §  2;  1954,  556  §  10; 
1955,  418  §  3,  744  §  2.) 


Chaps.  263-265.]  GENERAL  LawS.  1199 

Sect.  44  revised,  1953,  308. 

Sect.  46A  added,  1938,  232  (to  provide  for  furnishing  without  charge 
copies  of  records  relating  to  soldiers,  sailors  and  marines  in  certain 
cases);  revised,  1943,  484;  1945,  218;  1954,  627  §  34.  (See  1954, 
627  §§  65,  67.) 

Sect.  51  revised,  1951,  605. 

Sect.  53  amended,  1936,  251;  fourth  sentence  revised,  1947,  181; 
amended,  1948,  340. 

Sect.  53  stricken  out  and  new  sections  53  and  53A  inserted,  1949, 
455  (relative  to  the  payment  of  witness  fees  to  certain  police  officers  in 
criminal  cases). 

Sect.  53  revised,  1952,  364. 

Sect.  53B  added,  1952,  235  (providing  for  payment  of  witness  fees 
to  state  police  officers) ;  revised,  1954,  393. 

Sect.  53C  added,  1955,  223  §  1  (granting  compensatory  time  off  to 
certain  police  officers  in  certain  criminal  cases).    (See  1955,  223  §  2.) 

Chapter  263.  —  Rights  of  Persons  Accused  of  Crime. 

Sect.  4  amended,  1953,  319  §  28.    (See  1953,  319  §§  39,  40.) 

Sect.  4A  added,  1934,  358  (expediting  the  arraignment  of  persons 

charged  with  crimes  not  punishable  by  death  by  permitting  them  to 

waive  indictment  proceedings). 
Sect.  6  amended,  1933,  246  §  1.    (See  1933,  246  §  2.) 
Sect.  8A  amended,  1953,  319  §  29.    (See  1953,  319  §§  39,  40.) 

Chapter  264.  —  Crimes  against  Governments. 

Sect.  5  revised,  1932,  298;  amended,  1933,  153  §  3;  1934,  56;  re- 
vised, 1941,  117  §  1.    (See  1941,  117  §  2.) 

Sect.  lOA  revised,  1933,  276. 

Sect.  11  revised,  1948,  160  §  1;   1954,  584  §  1. 

Sect.  12  repealed,  1954,  584  §  2. 

Sects.  13-15  added,  1949,  619  (barring  certain  persons  from  the  public 
service  and  requiring  an  oath  of  allegiance  by  certain  public  employees). 

Sect.  13  repealed,  1951,  805  §  1.    (See  1951,  805  §§  6,  7.) 

Sect.  14A  added,  1954,  677  (enabhng  cities  and  towns  to  participate 
in  the  United  States  educational  exchange  program.) 

Sect.  15  amended,  1951,  805  §  2.    (See  1951,  805  §§  6,  7.) 

Sects.  16-23  added,  1951,  805  §  3  (relative  to  subversive  organiza- 
tions). 

Sect.  18  amended,  1952,  380. 

Sect.  19  revised,  1954,  584  §  4. 

Sect.  21  revised,  1954,  584  §  3. 

Sect.  23  revised,  1954,  584  §  5. 

Chapter  265.  —  Crimes  against  the  Person. 

Sect.  2  revised,  1951,  203;  last  sentence  revised,  1955,  770  §  78. 
(See  1955,  770  §§  117,  123.) 

Sect.  13A  added,  1943,  259  §  1  (providing  a  penalty  for  the  crimes  of 
assault  and  assault  and  battery) ;  paragraph  added  at  end,  1945,  230. 
(See  1943,  259  §  2.) 


1200  Changes  in  the  IChap.  266. 

Sect.  13B  added,  1953,  299  (providing  a  separate  penalty  for  in- 
decent assault  on  a  child). 

Sect.  15B  added,  1955,  112  (providing  a  penalty  for  assault  by  means 
of  a  dangerous  weapon). 

Sect.  17  revised,  1943,  250  §  1;  1952,  406  §  1.  (See  1943,  250  §  2; 
1952,  406  §  2.) 

Sect.  22A  added,  1955,  763  §  2  (providing  a  mandatory  prison  sen- 
tence for  persons  convicted  of  rape). 

Sect.  24B  added,  1955,  763  §  3  (providing  a  mandatory  prison  sen- 
tence for  persons  convicted  of  assault  with  intent  to  commit  rape). 

Sect.  25  revised,  1932,  211;   1953,  294. 

Sect.  26  amended,  1934,  1. 

Chapter  266.  —  Crimes  against  Property. 

Sect.  1  revised,  1932,  192  §  1;  amended,  1948,  43  §  1. 

Sect.  2  revised,  1932,  192  §  2;  amended,  1948,  43  §  2. 

Sects.  3  and  4  repealed,  1932,  192  §  3. 

Sect.  5  revised,  1932,  192  §  4. 

Sect.  5A  added,  1932,  192  §  5  (defining  and  providing  penalties  for 
attempts  to  commit  arson). 

Sect.  6  repealed,  1932,  192  §  3. 

Sect.  8  revised,  1932,  192  §  6;  1948,  370  §  1. 

Sect.  10  revised,  1932,  192  §  7. 

Sect.  16  revised,  1943,  343  §  1.    (See  1943,  343  §  2.) 

Sect.  16A  added,  1945,  229  (providing  a  penalty  for  breaking  and 
entering  a  building,  ship  or  vessel  with  intent  to  commit  a  misdemeanor). 

Sect.  22  amended,  1935,  365;  revised,  1950,  30. 

Sect.  25  amended,  1943,  518  §  1.    (See  1943,  518  §  2.) 

Sect.  26  repealed,  1945,  282  §  1.    (See  1945,  282  §  5.) 

Sect.  30  revised,  1945,  282  §  2.    (See  1945,  282  §  5.) 

Sect.  33  revised,  1945,  282  §  3.    (See  1945,  282  §  5.) 

Sect.  36  repealed,  1945,  282  §  1.    (See  1945,  282  §  5.) 

Sect.  37  revised,  1937,  99;  amended,  1955,  133. 

Sects.  44-46  repealed,  1945,  282  §  1.    (See  1945,  282  §  5.) 

Sect.  47  amended,  1945,  282  §  4.    (See  1945,  282  §  5.) 

Sect.  52  amended,  1934,  270  §  3. 

Sect.  54.    See  1933,  59  §  3. 

Sect.  70  amended,  1933,  245  §  4;  1939,  144  §  2;  1941,  217  §  3;  1946, 
209  §  3;  409  §  4;  revised,  1947,  468  §  4;  amended,  1948,  445  §  2;  1949, 
118  §  4;  revised,  1950,  27  §  3;  amended,  1950,  240,  354  §  3,  492  §  3; 
1955,  271  §  2. 

Sect.  71A  added,  1950,  718  (prohibiting  the  unauthorized  use  of 
names  or  imitations  thereof  of  certain  organizations). 

Sects.  75A  and  75B  added,  1932,  11  (penahzing  the  fraudulent  opera- 
tion of  slot  machines,  coin-box  telephones  and  other  coin  receptacles, 
and  the  manufacture  and  sale  of  devices  intended  to  be  used  in  such 
operation);   revised,  1954,  145. 

Sect.  89  revised,  1943,  549  §  7. 

Sect.  91 A  added,  1953,  250  (further  regulating  advertismg  relative 
to  the  sale  or  offering  for  sale  of  mechandise,  commodities  or  service). 

Sect.  94  amended,  1939,  451  §  65. 

Sect.  116A  added,  1935,  116  (providing  for  the  protection  of  wild 
azaleas,  wild  orchids  and  cardinal  flowers). 


Chaps.  268-270.]  GENERAL  LawS.  1201 

Sect.  119  revised,  1948,  660  §  25;  amended,  1949,  761  §  14.  (See 
1948,  660  §  26.) 

Sect.  120A  added,  1955,  269  (relative  to  the  burden  of  proof  in  certain 
prosecutions  for  trespass). 

Sect.  123  revised,  1941,  344  §  27. 

Sect.  129  revised,  1955,  770  §  79.    (See  1955,  770  §§  117,  123.) 

Sect.  130  revised,  1955,  770  §  80.    (See  1955,  770  §§117,  123.) 

Chapter  268.  —  Crimes  against  Public  Justice. 

Sect.  1A  amended,  1947,  106. 

Sect.  13A  added,  1950,  109  (prohibiting  the  picketing  of  courts  and 
certain  other  places). 

Sect.  14A  added,  1936,  168  (imposing  a  penalty  for  depriving  em- 
ployees of  their  employment  because  of  jurj'-  service). 

Sect.  15  amended,  1955,  770  §  81.    (See  1955,  770  §§  117,  123.) 

Sect.  16  revised,  1934,  344;  last  sentence  stricken  out,  1941,  344  §  28; 
section  amended,  1943,  19  §  1;  1955,  770  §  82.  (See  1955,  770  §§  117, 
123.) 

Sect.  16A  added,  1943,  19  §  2  (relative  to  the  penalty  for  escapes  or 
attempted  escapes  from  the  reformatory  for  women);  amended,  1955, 
770  §  83.    (See  1955,  770  §§  90,  117,  123.) 

Sect.  26  amended,  1934,  328  §  24;  1955,  770  §  84.  (See  1955,  770 
§§  117,  123.) 

Sect.  27  amended,  1934,  328  §  25. 

Sect.  28  amended,  1955,  770  §  85.    (See  1955,  770  §§117,  123.) 

Sect.  29  amended,  1934,  328  §  26;  1955,  770  §  86.  (See  1955,  770 
§§  117,  123.) 

Sect.  30  amended,  1955,  770  §  87.    (See  1955,  770  §§  117,  123.) 

Sect.  31  amended,  1955,  770  §  88.    (See  1955,  770  §§  117,  123.) 

Sect.  33  amended,  1935,  440  §  44;   1941,  71;   1945,  400  §  7. 

Sect.  37  amended,  1955,  770  §  89.    (See  1955,  770  §§117,  123.) 

Chapter  269.  —  Crimes  against  Public  Peace. 

Sect.  10  amended,  1935,  290;  1936,  227  §  1;  1937,  250  §  1;  first 
sentence  amended,  1955,  160.    (See  1936,  227  §  2;   1937,  250  §  2.) 

Sect.  lOB  added,  1934,  359  §  2  (further  regulating  the  sale,  rental 
and  leasing  of  rifles  and  shotguns) . 

Sects.  IIA-IID  added,  under  caption  "t4Mpering  with  identify- 
ing numbers  of  certain  firearms",  1937,  199  (relative  to  certain 
firearms,  the  serial  or  identification  numbers  of  which  have  been  re- 
moved, defaced,  altered,  obliterated  or  mutilated). 

Sect.  12  revised,  1951,  219;   1952,  286. 

Sects  12A  and  12B  added,  1951,  263  (regulating  the  sale  and  use  of 
air  rifles  or  so-called  BB  guns). 

Sect.  12C  added,  1951,  296  (prohibiting  the  sale  or  possession  of  cer- 
tain knives  having  a  spring  release). 

Chapter  270.  —  Crimes  against  Public  Health. 

Sect.  2,  first  sentence  amended,  1949,  658. 

Sect.  2B  added,  1946,  517  §  1  (regulating  the  labelling  of  preparations 
containing  DDT  and  certain  other  preparations  dangerous  to  public 
health). 


1202  Changes  in  the  [Chaps.  271, 272. 

Sect.  3A  added,  1951,  444  (relative  to  the  placing  of  poison  or  poisoned 
food  for  the  control  of  rats,  mice  or  other  rodents). 

Sect.  5  amended,  1934,  328  §  27. 

Sect.  16  added,  1949,  416  (imposing  a  penalty  on  persons  who  dis- 
pose of  garbage  or  refuse  on  highways  or  private  property  without 
permission) . 

Chapter  271.  —  Crimes  against  Public  Policy. 

Sect.  1A  added,  1948,  299  (providing  that,  for  the  purpose  of  the 
enforcement  of  laws  relative  to  gaming  and  certain  other  crimes  the 
words  "house",  "building"  and  "place"  shall  include  certain  ships 
and  vessels) . 

Sect.  5A  added,  1951,  483  (prohibiting  the  manufacture,  sale,  trans- 
portation or  use  of  certain  slot  machines  as  gambling  devices). 

Sect.  6A  added,  1938,  144  (making  certain  endless  chain  transactions 
subject  to  the  laws  relative  to  lotteries). 

Sect.  6B  added,  1953,  243  (making  the  game  commonly  known  as 
skilo,  and  similar  games,  subject  to  the  laws  relative  to  lotteries). 

Sect.  22A  revised,  1934,  371;  paragraphs  added  at  end,  1936,  222, 
283;  section  revised,  1943,  267. 

Sect.  23  amended,  1934,  235  §  3,  303  §  1;  1953,  319  §  30.  (See  1953, 
319  §§  39,  40.) 

Sects.  31,  33,  34  affected  by  1935,  454  §  8,  471  §  2. 

Sect.  39A  added,  1947,  405  (imposing  a  penalty  on  persons  who  offer 
or  accept  bribes  in  certain  athletic  contests  and  sporting  events). 

Sect.  40  revised,  1954,  323. 

Sect.  43  added,  1941,  630  §  4  (imposing  a  penalty  for  the  misuse  of 
information  relative  to  recipients  of  general  public  assistance,  old  age 
assistance,  aid  to  dependent  children  and  aid  to  the  blind);  amended, 
1945,  240  §  3. 

Sect.  44  added,  1950,  166  §  1  (making  certain  settlements  and  re- 
leases obtained  from  injured  persons  confined  in  hospitals  invalid). 
(See  1950,  166  §  2.) 

Sect.  45  added,  1952,  346  (prohibiting  the  charging  of  fees  solely  for 
the  registration  of  prospective  tenants  of  dwelhngs). 

Sect.  46  added,  1953,  187  (regulating  the  disposal  of  containers  used 
for  refrigerative  purposes);  revised,  1954,  191  §  1.    (See  1954,  191  §  2.) 

Chapter  272.  —  Crimes  against  Chastity,  Morality,  Decency  and  Good  Order. 

Sect.  5  revised,  1948,  137. 

Sect.  25  revised,  1933,  376  §  4. 

Sect.  26  amended,  1939.  451  §  66. 

Sect.  28  amended,  1934,  231;   1943,  239. 

Sect.  28  stricken  out,  and  new  sections  28-28H  (relative  to  obscene 
books  and  other  obscene  matter)  inserted,  1945,  278  §  1.  (See  1945, 
278  §  2.) 

Sect.  28,  sentence  added  at  end,  1948,  328. 

Sect.  35 A  added,  1955,  763  §  4  (providing  a  mandatory  prison  sen- 
tence for  certain  persons  convicted  of  committing  an  unnatural  act). 

Sect.  43A  added,  1947,  358  (providing  a  penalty  for  smoking  in  public 
conveyances) . 


Chap.  273.]  GENERAL  LawS.  1203 

Sect.  45  amended,  1946,  274;  revised,  1947,  409. 

Sect.  53  revised,  1943,  377. 

Sect.  64  amended,  1951,  119  §  1. 

Sect.  66  amended,  1939,  451  §  67;  1951,  119  §  2. 

Sects.  79A  and  79B  added,  1934,  234  §  1  (relative  to  the  cutting  of 
the  muscles  or  tendons  of  horses'  tails  and  to  the  showing  or  exhibiting 
of  horses  whose  tails  have  been  so  cut  or  have  been  docked).  (See  1934, 
234  §  2.) 

Sect.  79B  revised,  1946,  131. 

Sect.  80  repealed,  1934,  234  §  1.    (See  1934,  234  §  2.) 

Sect.  80C  added,  1945,  272  (penalizing  the  unauthorized  taking  of 
cats,  dogs  or  birds  for  certain  purposes). 

Sect.  SOD  added,  1947,  168  (regulating  the  sale  at  retail  of  certain 
living  baby  chicks,  ducklings  and  other  fowl). 

Sect.  84  amended,  1951,  34  §  1. 

Sect.  85  repealed,  1951,  34  §  2. 

Sect.  85A  added,  1945,  276  §  1  (relative  to  killing,  etc.,  of  dogs  and 
other  domesticated  animals  and  certain  birds) ;  first  sentence  amended, 
1951,  185. 

Sect.  92A  added,  1933,  117  (preventing  advertisements  tending  to 
discriminate  against  persons  of  any  religious  sect,  creed,  class,  denomi- 
nation or  nationality  by  places  of  public  accommodation,  resort  or 
amusement);  second  paragraph  revised,  1953,  437. 

Sect.  97A  added,  1934,  164  (prohibiting  the  use  of  documents  drawn 
to  imitate  judicial  process). 

Sect.  98  amended,  1934,  138;  revised,  1950,  479  §  3. 

Sect.  98A  added,  1938,  155  §  1  (entitling  blind  persons  accompanied 
by  "seeing eye"  dogs,  so  called,  to  certain  accommodations,  advantages, 
etc.). 

Sect.  98B  added,  1941,  170  (to  prevent  discrimination  in  employment 
"^on  public  works  and  projects  and  in  the  dispensing  of  public  welfare 
because  of  race,  color,  religion  or  nationality). 

Sect.  98C  added,  1943,  223  (penalizing  the  libel  of  groups  of  persons 
because  of  race,  color  or  religion). 

Sect.  103  added,  1936,  417  (prohibiting  marathon  dances,  other 
marathons  or  walkathons,  so  called). 

Chapter  273.  —  Desertion,  Non-support  and  Illegitimacy. 

Sect.  1  amended,  1939,  177  §  1;  first  sentence  revised,  1954,  539. 
(See  1939,  177  §  2.) 

Sect.  2  amended,  1933,  224;  revised,  1943,  87  §  1;  amended,  1953, 
319  §  31.    (See  1943,  87  §  2;   1953,  319  §§  39,  40.) 

Sect.  8,  sentence  added  at  end,  1953,  505. 

Sect.  9  repealed,  1938,  219  §  1. 

Sect.  10  revised,  1938.  219  §  2. 

Sect.  12A  added,  1954,  232  (providing  for  blood  grouping  tests  to 
aid  in  the  determination  of  paternity). 

Sect.  14,  sentence  added  at  end,  1943,  13. 

Sect.  17  revised,  1953,  163. 

Sects.  20-22.    See  1937,  440  §  2;  1941,  597  §  1,  729  §  2;  1943,  489  §  2. 


1204  Changes  in  the  [Chaps.  273A-276. 


Chapter  273A.  —  Uniform   Reciprocal   Enforcement  Act   (former  title,   En- 
forcement of  the  Duty  to  Support  Dependents). 

New  chapter  inserted,  1951,  657  §  1. 

Chapter  stricken  out  and  new  chapter  273A  (with  new  title)  inserted, 
1954,  556  §  1.     (See  1954,  556  §§  7-10.) 

Chapter  274.  —  Felonies,  Accessories  and  Attempts  to  Commit  Crimes. 

Sect.  4  revised,  1943,  488  §  1.    (See  1943,  488  §§  2,  3.) 

Chapter  275.  —  Proceedings  to  prevent  Crimes. 

Sect.  15  repealed,  1932,  180  §  42. 

Chapter  276.  —  Search  Warrants,  Rewards,  Fugitives  from  Justice,  Arrest, 
Examination,  Commitment  and  Bail.  Probation  Officers  and  Board 
of  Probation. 

Sect.  1,  first  paragraph  amended,  1934,  303  §  2;  clause  Sixth 
amended,  1943,  508  §  5;  clause  Eleventh  amended,  1934,  235  §  1; 
clause  Sixteenth  added,  1947,  93. 

Sect.  1A  added,  1955,  272  §  1  (providing  for  the  issuance  of  search 
warrants  for  books,  records  and  material  belonging  to  subversive  or- 
ganizations).   (See  1955,  272  §  2.) 

Sect.  3  amended,  1934,  340  §  15.    (See  1934,  340  §  18.) 

Sect.  3A  added,  1934,  247  (concerning  the  service  of  search  war- 
rants) . 

Sect.  7  amended,  1934,  235  §  2. 

Sect.  9  amended,  1947,  359. 

Sects.  lOA-lOD  added,  under  caption  "extra-territorial  arrest 
ON  FRESH  pursuit",  1937,  208  §  1  (making  uniform  the  law  as  to 
extra-territorial  arrest  on  fresh  pursuit  and  authorizing  this  common- 
wealth to  co-operate  with  other  states  in  connection  therewith).  (See 
1937,  208  §  2.) 

Sects.  11-20  and  caption  "fugitives  from  justice"  stricken  out 
and  new  sections  11-20R  inserted,  under  caption  "procedure  on 
interstate  rendition",  1937,  304  §  1.    (See  1937,  304  §§  2,  3.) 

Sect.  21  amended,  1953,  319  §  32.    (See  1953,  319  §§  39,  40.) 

Sect.  28  amended,  1949,  184. 

Sect.  33A  added,  1945,  205  (providing  that  certain  persons  held  in 
custody  shall  be  permitted  to  communicate  by  telephone  with  relatives 
and  others) ;  amended,  1946,  277. 

Sect.  37A  added,  1932,  180  §  43  (relative  to  the  assignment  of  coun- 
sel to  appear,  on  behalf  of  a  person  accused  of  a  capital  crime,  at  his 
preliminary  examination).  [For  prior  legislation,  see  G.  L.  chapter 
277  §§  48,  49,  repealed  by  1932,  180  §  44.] 

Sect.  52A  added,  1943,  131  (providing  that  persons  held  in  jail  for 
trial  may  be  removed  in  certain  cases  to  a  jail  in  another  county). 

Sect.  57,  first  paragraph  amended,  1953,  319  §  33;  sentence  added 
at  end  of  second  paragraph,  1943,  330;  same  paragraph  revised,  1945, 
235;  paragraph  added  at  end,  1939,  299  §  4.     (See  1953,  319  §§  39,  40.) 

Sect.  83  revised,  1936,  360;  amended,  1937,  186;  revised,  1947, 
566  §  1;  sentence  inserted  before  last  sentence,  1947,  639;  section  re- 
vised, 1949,  783  §  1;  first  paragraph  amended,  1950,  513,  531;  revised, 


Chap.  277.]  GENERAL  LawS.  1205 

1951,  774  §  1;  amended,  1953,  341,  420  §  1;  1955,  735  §  1;  sentence 
inserted  after  sixth  sentence,  1952,  241;  paragraph  inserted  after  first 
paragraph,  1955,  735  §  2;  paragraph  added  at  end,  1951,  774  §  2.  (See 
1949,  783  §§  3,  4;   1951,  774  §  3;   1955,  735  §  3.) 

Sect.  83A  added,  1941,  677  §  1  (providing  that  certain  district  courts 
may  join  in  the  appointment  of  probation  officers  to  act  exclusively 
in  juvenile  cases  therein);  first  paragraph  amended,  1947,  566  §  2;  re- 
vised, 1947,  655  §  1;  amended,  1951,  563  §  1;  paragraph  added  at  end, 
1951,  563  §  2.    (See  1947,  655  §  3.) 

Sect.  83B  added,  1947,  655  §  2  (providing  for  the  appointment  of 
probation  officers  to  act  exclusively  in  juvenile  cases  in  certain  district 
courts  in  Suffolk  County);  repealed,  1949,  783  §  2.  (See  1947,  655  §  3; 
1949,  783  §  4.) 

Sects.  83C-83F  added,  1948,  640  §  1  (farther  regulating  the  com- 
pensation of  certain  probation  officers  of  the  district  courts  in  Suffolk 
county,  other  than  the  municipal  court  of  the  city  of  Boston,  and  of  the 
Boston  juvenile  court) ;  repealed,  1949,  783  §  2.    (See  1949,  783  §  4.) 

Sect.  84  revised,  1937,  219  §  5;   1939,  214  §  7. 

Sect.  85,  sentence  inserted  after  first  sentence,  1950,  145  §  1. 

Sect.  87  amended,  1941,  264  §  2;   1955,  763  §  1. 

Sect.  89,  sentence  added  at  end,  1934,  217  §  2;  first  paragraph  re- 
vised, 1953,  364;  paragraph  added  at  end,  1941,  477  §  1. 

Sect.  90  amended,  1938,  174  §  3. 

Sect.  94  amended,  1939,  155;  revised,  1939,  296  §  2;  last  sentence 
amended,  1947,  82.    (See  1939,  296  §  3.) 

Sect.  97  revised,  1941,  677  §  2. 

Sect.  98  amended,  1932,  145. 

Sect.  99,  sentence  inserted  after  third  sentence,  1952,  348, 

Sect.  100  amended,  1943,  64;  1953, 319  §  34.  (See  1953, 319  §§39, 40.) 

Sect.  101  amended,  1936,  30  §  1.    (See  1936,  30  §  2.) 

Sect.  101 A  added,  1947, 364  §  1  (providing  for  uniform  forms  of  blanks 
and  records  for  use  by  district  court  probation  offices). 

Sect.  102  amended,  1947,  364  §  2. 

Chapter  277.  —  Indictments  and  Proceedings  before  Trial. 

Sect.  1A  added,  1952,  494  (relative  to  completing  investigations 
started  by  grand  juries). 

Sect.  2  amended,  1932,  144  §  6. 

Sects.  48  and  49  repealed,  1932,  180  §  44.  (See  G.  L.  chapter  276 
§  37A,  inserted  by  1932,  180  §  43.) 

Sect.  50  repealed,  1936,  161  §  1.    (See  1936,  161  §  3.) 

Sect.  58A  added,  1943,  311  §  1  (relative  to  the  venue  of  the  crime  of 
buying,  receiving  or  aiding  in  the  concealment  of  stolen  or  embezzled 
property).    (See  1943,  311  §  2.) 

Sect.  58B  added,  1948,  77  §  1  (relative  to  the  venue  of  prosecutions 
for  embezzlement  or  fraudulent  conversion  or  appropriation  by  fiduci- 
aries).   (See  1948,  77  §  2.) 

Sect.  63,  sentence  inserted  after  first  sentence,  1955,  781  §  1.  (See 
1955,  781  §  2.) 

Sect.  65  amended,  1936,  161  §  2.    (See  1936,  161  §  3.) 

Schedule  of  forms  of  pleadings  at  end  of  chapter  amended,  1934, 
328  §  29. 

Paragraph  entitled  "Accessory  after  the  fact"  amended  by  striking 


1206  Changes  in  the  [Chaps.  278,  279. 

out  all  after  word  "punishment"  in  line  5,  1943,  488  §  2.     (See  1943, 
488  §  3.) 

Paragraph  entitled  "Escape"  revised,  1955,  770  §  90.  (See  1955, 
770  §§  117,  123.) 

Chapter  278.  —  Trials  and  Proceedings  before  Judgment. 

Sect.  15  amended,  1955,  131  §  7. 

Sect.  16B  added,  1949,  302  (providing  that  the  general  public  may 
be  excluded  from  the  court  room  during  the  trial  of  any  criminal  pro- 
ceeding in  a  district  court  involving  husband  and  wife). 

Sect.  18  amended,  1955,  131  §  8. 

Sect.  19  amended,  1955,  131  §  9. 

Sect.  21  stricken  out,  1955,  131  §  10. 

Sect.  22  amended,  1955,  131  §  11. 

Sect.  25  amended,  1937,  311;   1955,  131  §  12. 

Sects.  28A-28D  added,  1943,  558  §  1  (establishing  in  the  superior 
court  an  appellate  division  for  the  review  of  certain  sentences  in  crimi- 
nal cases).    (See  1943,  558  §  2.) 

Sect.  28A  revised,  1945,  255  §  1.    (See  1945,  255  §  4.) 

Sect.  28B,  first  paragraph  amended,  1945,  255  §  2.  (See  1945,  255 
§4.) 

Sect.  28C  amended,  1945,  255  §  3;  1955,  770  §  91.  (See  1945,  255 
§  4;   1955,  770  §§  117,  123.) 

Sect.  29  revised,  1939,  271  §  1.    (See  1939,  271  §  2.) 

Sect.  30A  added,  1954,  528  (providing  for  interlocutory  reports  to 
the  superior  judicial  court  in  criminal  cases). 

Sect.  31,  second  sentence  revised,  1953,  384. 

Sect.  33  amended,  1933,  265. 

Sects.  33A  and  33B  revised,  1954,  187  §  1;  1955,  352  §  1.  (See  1954, 
187  §  2;   1955,  352  §  2.) 

Sect.  33E  amended,  1939,  341. 

Chapter  279.  —  Judgment  and  Execution. 

Sect.  1  amended,  1934,  205  §  1;  1935,  358  §  1;  first  paragraph 
amended,  1938,  354;  second  paragraph  amended,  1936,  434  §  2;  1939, 
299  §  5.  (See  1934,  205  §  3;  1935,  358  §  2.) 

Sect.  1A  amended,  1934,  205  §  2.  (See  1934,  205  §  3.) 

Sect  2  amended  1949  584. 

Sect!  3A  amended,  1935,  50  §  2,  437  §  2.  (See  1935,  50  §  6,  437  §  8.) 

Sect.  4  revised,  1935,  50  §  3,  437  §  3;  second  paragraph  amended, 
1955,  770  §  92.  (See  1935,  50  §  6,  437  §  8;  1955,  770  §§  117,  123.) 

Sect.  4A,  sentence  added  at  end,  1950,  145  §  2. 

Sect.  0  amended,  1955,  770  §  93.  (See  1955,  770  §§  117,  123.) 

Sect.  9  amended,  1932,  221  §  2;  1955,  770  §  94.  (See  1955,  770 
§§  117,  123.) 

Sect.  11  amended,  1934,  328  §  28. 

Sect.  18  revised,  1947,  516;  1951,  134. 

Sect.  19  amended,  1955,  770  §  95.  (See  1955,  770  §§117,  123.) 

Sect.  20  amended,  1955,  770  §  90.  (See  1955,  770  §§117,  123.) 

Sect.  22  repealed,  1955,  770  §  122.  (See  1955,  770  §§  117,  123.) 

Sect.  26  revised,  1946,  276. 


Chap.  280.]  GENERAL  LaWS.  1207 

Sect.  27  amended,  1955,  770  §  97.    (See  1955,  770  §§117,  123.) 
Sect.  28  amended,  1946,  275;   1955,  770  §  98.    (See  1955,  770  §§117, 

123.) 
Sect.  29  repealed,  1955,  770  §  122.    (See  1955,  770  §§  117,  123.) 
Sect.  30  revised   1951   642. 
Sect!  31  amended,  1953,^319  §  35;    revised,  1955,  770  §  99.   (See 

1953,  319  §§  39,  40;   1955,  770  §§  117,  123.) 
Sect.  32  revised,  1955,  770  §  100.    (See  1955,  770  §§  1 17,  123.) 
Sect.  33  amended,  1952,  90. 
Sect.  33A  added,  1955,  770  §  101  (providing  that  a  prisoner  may  be 

deemed  to  have  served  a  portion  of  the  sentence  imposed  in  certain 

cases).    (See  1955,  770  §§  117,  123.) 

Sect.  34,  sentence  added  at  end,  1955,  770  §  102.  (See  1955,  770 

§§  117,  123.) 
Sect.  35  amended,  1955,  770  §  103.  (See  1955,  770  §§117,  123.) 
Sect.  36  amended,  1955,  770  §  104.  (See  1955,  770  §§  117,  123.) 
Sect.  37  amended,  1953,  319  §  36.  (See  1953,  319  §§  39,  40.) 
Sect.  39  amended,  1955,  770  §  105.  (See  1955,  770  §§117,  123.) 
Sect.  40  amended,  1955,  770  §  106.  (See  1955,  770  §§  117,  123.) 
Sec.  43  revised,  1935,  50  §  4,  437  §  4;  amended,  1955,  770  §  107. 

(See  1935,  50  §  6,  437  §  8;  1955,  770  §§  117,  123.) 
Sect.  44  revised,  1935,  50  §  5,  437  §  5;  amended,  1955,  770  §  108. 

(See  1935,  50  §  6,  437  §  8;  1955,  770  §§  117,  123.) 
Sect.  45  revised,  1935,  437  §  6;  amended,  1955,  770  §  109.  (See 

1935,  437  §  8;  1955,  770  §§  117,  123.) 
Sect.  46  amended,  1955,  770  §  110.  (See  1955,  770  §§117,  123.) 
Sect.  48  revised,  1951,  515;  amended,  1955,  770  §  111.  (See  1955, 

770  §§  117,  123.) 

Sect.  50  amended,  1955,  770  §  112.    (See  1955,  770  §§117,  123.) 
Sect.  52  amended,  1955,  770  §  113.    (See  1955,  770  §§117,  123.) 

Chapter  280.  —  Fines  and  Forfeitures. 

Sect.  2,  last  sentence  stricken  out,  1934,  364  §  2;  sentence  added 
at  end,  1935,  303  §  1;  section  amended,  1953,  319  §  37.  (See  1934, 
364  §  3;   1935,  303  §  2;   1953,  319  §§  39,  40.) 

Sect.  6  revised,  1937,  251  §  1.    (See  1937,  251  §  2.) 

Sect.  16  amended,  1953,  319  §  38.    (See  1953,  319  §§  39,  40.) 


Cije  Commontoealt!)  of  ^a^mcWmt^ 


Office  of  the  Secretary,  Boston,  June  21,  1956. 

I  certify  that  the  acts  and  resolves  contained  in  this  volume  are 
true  copies  of  the  originals  on  file  in  this  department. 

I  further  certify  that  the  table  of  changes  in  general  laws  has  been 
prepared,  and  is  printed  as  an  appendix  to  this  edition  of  the  laws,  by 
direction  of  the  Joint  Committee  on  Rules  of  the  General  Court,  in 
accordance  with  the  provisions  of  General  Laws,  Tercentenary  Edition, 
chapter  3,  section  51,  as  amended  by  Acts  of  1939,  chapter  508,  section  7. 

EDWARD  J.   CRONIN, 

Secretary  of  the  Commonwealth 


J 


INDEX. 


Abatements,  taxes  of,  (see  Taxation). 

Absentee  voting,  civilian  employees,  certain,  of  the  United  States, 

for     .......... 

Academies  (see  Massachusetts  maritime  academj')- 
Accident  and  health  insurance  (see  Insurance,  classes  of  insur- 
ance). 
Accidents,    industrial,   division  of   (see  Labor  and  industries,  de- 
partment of). 
Accounts,  bureau  of  (see  Corporations  and  taxation,  department  of), 
cities  and  towns  of  (see  Municipal  finance). 

director   and    divisions  of   (see  Corporations   and   taxation,   de- 
partment of), 
state  (see  State  finance). 
ACTIONS,  CIVIL: 

judgment,  entry  of  in  certain  cases,  providing  for 
motor  vehicle  torts,  certain,  commencement  of  actions  for,  time 
for,  extended        ........ 

speedy  trial,  advancing  causes  for,  change  in  law  relative  to 
superior   court,    in,   for   certain   cases  removed   from   district 
courts  ......... 

summary  process,  further  stay  of  judgment  and  execution,  in, 

providing  for        .  . 

venue,  district  courts  in,  relative  to  ....  , 

See  also  Evidence;    Practice  in  civil  actions. 
Acton-Boxborough  regional  school  district,  proceedings,  certain, 
relative  to,  validated    ....... 

Acton,  town  of  (see  Cities  and  towns). 

Acts  and  resolves,  number  passed  by  general  court 

vetoes  by  governor         ........ 

Adams,  town  of  (see  Cities  and  towns). 
Administration  (see  Executors  and  administrators). 
ADMINISTRATION    AND    FINANCE,   COMMISSION    ON: 
in  general,  floods,  financial  burden  imposed  by,  funds  for  al- 
leviation of,  powers  and  duties  as  to       . 
hurricanes,  certain,  alleviation  of  financial  burdens  imposed 

by,  powers  and  duties  as  to 
land,  certain,  conveyance  of  by  department  of  education,  ap- 
proval by   ........  . 


Chap. 


Section. 


321 


674 


2.35 
674 

1.  2 
2 

359 

226 
158 

1,  2 

420 


699 
46 

313 

[372 


1-4 

Page  980 
Page  980 


1-7 
1-3 


meals,  reimbursement  of  state  officers  and  emploj^ees  for  ex-  I  ^gg 

penses  incurred  for,  rules  and  rates  for,  established  by  j  jg^  ^ 

meat  and  meat  products,  purchase  of,  certain  establishments 

from,  powers  and  duties  as  to         .  .  .  .  .     727 

military  reservation  commission,  sale  of  land,  certain,  by,  ap- 
proval by   .  .  .  .  .  .  .  .  .     665  1 

rental  motor  vehicles,  pool  of,  establishment  and  maintenance 

of,  by 784  Item  0440-33 

salary  schedules,  permanent,  for  certain  state  oflficers  and  em-  I  ygg  g 

ployees,  establishment  of,  powers  and  duties  as  to  .  .1  ■^g^  g 

state  employees  group  insurance  commission,  establishment 
of,  within    ......... 

budget  commissioner,  appropriation  acts,  certain  sections  of, 
furni.shing  of  copies  to  state  departments,  etc.,  by  . 
salary  of,  increased     ........ 

building  construction,  division  of,  director,  capital  outlay 

projects,  department  requests  for,  powers  and  duties  as  to 

position,  certain,  in,  made  permanent  ..... 

commissioner   of   administration,   documents,   papers   and 
records,  certain,  disposition  of,  study  and  survey  relative 
to,  by  ......  .        Resolve 

salary  of,  increased     ........ 

comptroller,  capital  outlay  program  for  commonwealth,  powers 

and  duties  as  to  .  .  .  .  .  .  .     738  1-7 


628 


706 
730 


1-4 


548 

784  Item  0446-01 


104 
730 


payments,  certain,  by  commonwealth,  agreements  as  to  fees  for 
legal  services  in  connection  with,  filing  of,  with     Resolves 


738 
33 
66 
78 
83 

126 


1210 


Index. 


Chap.  Section. 


ADMINISTRATION    AND    FINANCE,    COMMISSION    ON  — 

Corwhided. 
comptroller  —  Concluded. 

salary  of,  increased     ........ 

surplus  material,  acquisition  of  from  federal  government,  in- 
curring   of    liabilities    in    connection    with,    powers    and 
duties  as  to 
personnel  and  standardization,  division  of,  classification  of 
certain  state  officers  and  positions,  powers  and  duties  as  to 

director,  permanent  positions  and  salary  rates,  schedules  of, 
filing  of,  with,  duties  as  to    . 

temporary  positions,  certain,  made  permanent,  powers  and 

duties  as  to  .  .  .  . 

step-rate  increases,  powers  and  duties  as  to  . 
State  purchasing  agent,   bituminous  bound  aggregate,  pur 

chase  of,  by,  relative  to  .  .  .  . 

meat  and  meat  products,  purchase  of,  regulation  on,  powers 

and  duties  as  to 
printing  and  binding,  bids  and  contracts  for,  relative  to 
public  assistance  laws,  manual  of,  printing  of,  supervision  of 

by 

salary  of,  increased     ....... 

state  printing,  expenditures  for,  approval  by 

surplus  material,  acquisition  of  from  federal  government,  in 
curring  of  liabilities  in  connection  with,  by 
Adoptions,  children  of,  changes,  certain,  in  law  relative  to 
conditions,  certain,  waiver  of,  for  certain  petitions,  for 
correction  of  records  of  birth  to  conform  to  certificates  of 
Advertising,  labor  disputes,  in,  relative  to     . 

sales  of  utility  bond  issues,  for,  regulation  of    . 
Aeronautics  Commission,  Massachusetts,  aircraft  owners  and 
operators,  posting  of  security  after  accidents,  by,  powers 
and  duties  as  to 
Chelsea  Creek,  construction  of  bridge  over,  by 
Federal  civil  aeronautics  board,  authenticated  copies  of  certain 
reports  of,  use  as  evidence  of,  studj'  relative  to,  by  Resolve 
inspectors,   violations  of  certain  aeronautical  laws  and  regula- 
tions, arrests  for,  by,  clarification  of  law  relative  to 
Aeronautical  lav/s  and  regulations,  arrests  for  violations  of,  law 

relative  to,  clarification  of     . 
Agawam,  town  of  (see  Cities  and  towns). 

Aged  persons,  buildings  or  structures  used  for  housing  of,  licensing 
and  inspection  of,  relative  to  ....  . 

old-age  recipients,   boarding  homes,   in,  minimum  weekly  rate 
for  care  of,  establishment  of  .  .  .  .  . 

projects,  housing,  for,  relative  to     . 
Agencies,  insurance  of  (see  Insurance). 
Aging,  covincil  for,  act  relative  to        .....  . 

AGRICULTURE,    DEPARTMENT   OF: 

commissioner,  poultry,  buying  and  selling  of,  licenses  and  se- 
curity bonds,  for,  powers  and  duties  as  to       . 
salary  of,  increased     ........ 

division  of  milk  control,  milk  regulation  board,  standards  of 

milk,  powers  and  duties  as  to         . 
soil  conservation  committee,  reorganization  of     . 
Aid,  state  and  military  (see  Veterans'  benefits). 

See  also  Old  age  assistance,  so  called;     Public  welfare,  depart- 
ment of. 
Aircraft,  financial  responsibility  act,  uniform,  establishment  of 

owners  and  operators  involved  in  accidents,  posting  of  security 

by 

Air  Nationa,l  Guard,  Massachusetts,  Armory  site  for  units,  of, 
providing  for        ........ 

Airport  management  board,  state : 

commissioner,   fines  and   penalties  recovered   by,   powers  and 

duties  as  to 
Hanscom,  Laurence  G.  Field,  additional  hangar  and  shops  at, 
providing  for,  by  .  .  .  .  .  .  ■ 

land,  certain  in  East  Boston  district  of  the  city  of  Boston,  acqui- 
sition by  commonwealth  of,  powers  and  duties  as  to 


730 


706  9 

643  1-12 

372  6 

706  6 

784  6 

546 

643  1 

784  Item  2900-35 

727 
614 


470 
730 
372 

706 

784 

706 
89 
117 
107 
430 
188 


666 
436 

103 

189 

189 

662 

603 
641 

591 


4 

9 

10 

10 


1-5 


1.2 


1-9 


515 
730 

1,  2 
26 

757 
307 

1-11 
1,  2 

666 

1.  2 

666 

1,  2 

460 

452 

769 

1-4 

438 

1.2 

Index. 


1211 


Airports,  aeronautical  laws  and  regulations  relative  to,  violations  of, 
arrests  for,  relative  to  ...... 

Hanscom,  Laurence  G.  Field,  additional  hangar  and  shops,  at, 
providing  for        ........ 

additional  land,  for     ........ 

Logan  International  airport,  additional  land  for 

further  develo))mGnt  of        ......  . 

ALCOHOLIC    BEVERAGES: 

manufacture,  transportation,  storage,  sale,  importation 

and  exportation  of: 

alcoholic  beverages  licenses,  takings  of  licensed  premises  by 

public  authority,  right  of  holders  of        .  .  . 

transfers  of  stock  in  corporations  holding,  regulation  on 

charitable  hospitals,  fee  and  excise  on  importation  by,  exemp 

lion  from  payment  of  . 
taverns,  closing  hours  of,  extension  of,  for 

taxation,  sales  by  certain  corporations,  associations  and  or- 
ganizations, of     . 
taxes,  precollection  from  retail  consumer,  of,  relative  to 
wines,  excise  tax,  additional,  on  sales  of         .  .  . 

ALCOHOLIC    BEVERAGES    CONTROL    COMMISSION: 

local  licensing  authorities,  appeals  from  action  of,  to,  powers  and 
duties  as  to  .  .  >         . 

Alcoholic  clinics,  establishment  of  by  state  department  of  public 
health,  in  the  cit>'  of  Lawrence      .  .  .  .  . 

in  the  cit>-  of  Springfield      ....... 

Aliens,  fishing  licenses,  issuance  of,  to  . 

Aluminum  industry,  development  within  commonwealth,  of,  spe- 
cial commission  to  investigate  and  study,  revived  and 
continued   .......        Resolve 

Amaral,  Frank  B.  Memorial  Bridge,  certain  bridge  in  town  of 

Manchester  designated  as     . 
American  Defenders  of  Bataan  and  Corregidor,  Inc.,  national 
convention  of  in  city  of  Boston,  proper  representation  of 
commonwealth  at,  providing  for    .  .  .        Resolve 

American  Legion,  The,  Lawrence  W.  Foster  Post  No.  93,  Inc., 
conveyance  of  certain  state  land,  to        ...  . 

state  convention  of,  proper  representation  of  commonwealth  at, 
providing  for        ......        Resolve 

American  National  Red  Cross,  filing  of  certain  information  with 

division  of  public  charities,  exemption  from,  for 
American  Oriental  Society,  powers  of,  relative  to        .  .  . 

American  Telephone  &  Telegraph  Comrany,  lines,  poles,  and 

equipment,  certain,  of,  locations  of,  validated 
American  Unitarian  Youth,  Universalis!  Youth  Fellowship,  con- 
solidation of,  under  name  of  Liberal  Religious  Youth 
American  Veterans  of  World  War  II,  AMVETS,  filing  certain 
information  with  division  of  public  charities,  exemption 
from,  for     ........  . 

Romauld  Renaud  Post  #74,  convej'ance  by  town  of  Palmer  of 

certain  land  to     . 
state  convention  of,  proper  representation  of  commonwealth  at, 
providing  for        ......        Resolve 

Amherst,  town  of  'see  Cities  and  towns). 
APPELLATE    TAX    BOARD: 

members  of,  salaries  of,  increased    ...... 

telephone  and  telegraph  companies,  taxation  of  certain  property 
of,  powers  and  duties  as  to   . 

Appropriations,  counties  for  maintenance,  etc.,  of  certain 


state  departments,  boards,  commissions,  institutions,  etc.,  ap- 
propriations for  maintenance,  etc.,  of     . 


emergency  expenditures,  by    . 
Armed  forces  (see  Military  and  Naval  Service  of  the  United  States). 


Chap. 
189 

769 
347 
438 
175 


382 
G52 

322 
336 

580 
421 
495 

401 

477 

424 
428 
292 


136 
388 

49 
644 

7 

203 
43 

215 

87 

203 

114 

3 

730 


Section 


1-4 
1-3 
1,  2 
1-3 


1,  2 
1,  2 


1.  2 

1-3 

1-3 
1,  2 
1-5 

1-3 

41 


344 

1-3 

f642 

1  765 

1-4 

175 

1-3 

372 

1-10 

465 

2 

468 

496 

1-4 

682 

1 

706 

1-15 

738 

1-7 

.784 

1-11 

497 

1-3 

620 

1,  2 

068 

1.  2 

1212 


Index. 


Chap. 

446 
265 

11 

112 
649 


Armory  commission,  land,  certain  conveyance  to  town  of  Fram- 
ingham,  by  ........ 

Armiy  and  Navy  Union  Day,  proclamation  as  to 
Army  and  Navy  Union,  U.  S.  A.,  state  convention  of,  proper  repre- 
sentation of  commonwealth  at,  providing  for  Resolve 
Ashland,  town  of  (see  Cities  and  towns). 
Assault,  dangerous  weapon,  by,  penalty  for,  providing  for 
Assessment  system,  state,  establishment  of          .... 

ASSESSORS   OF   TAXES: 

abatements,  soldiers  and  sailors,  their  wives,  widows,  fathers  or 

mothers,  filing  of  applications  by,  for,  time  for,  extended     148 
assessment  systems,  establishment  of  in  cities  and  towns,  powers 
and  duties  as  to  .  .  .  .  .  .  . 

flood  damage,  abatements  for,  granting  of,  by  ... 

hurricane  damage,  abatements  for,  powers,  and  duties  as  to 
tax  exemption,  disabled  veterans,  certain,  for,  not  applicable  to 

property  conveyed  for  tax  evasion  purposes    . 
tax  rates,  use  of  certain  funds  for  reduction  of,  powers  and  duties 
as  to  ......... 

telephone  and  telegraph  companies,  taxation  of  certain  property 

of,  powers  and  duties  as  to   . 
valuation  books,  copies  of  to  be  filed  with  commissioner  of  cor- 
porations and  taxation  every  five  years,  by     . 
Atomic  plants,  procurement  of  within  commonwealth,  investigation 
and  study  relative  to  special  commission  by   .        Resolve 
scope  of,  increased  .....        Resolve 

Attachments,  registered  land,  on,  recording  of      . 
ATTORNEY    GENERAL: 

funds,  solicitation  of,  educational  institutions,  certain,  exempted 
from   certain  provisions  of  law  relative  to,   powers  and 
duties  as  to 
debt  pooling  plans,  powers  and  duties  as  to      . 
public   charities,    division   of,    American    National    Red   Cross, 
AMVETS,  and  Military  Order  of  the  Purple  Heart,  exemp- 
tion from  filing  certain  information,  by,  with 
salary  of,  increased         ........ 

subversive  organizations,  search  warrant  for  books  and  records 
of,  bringing  of  complaints  for,  by  . 
Attorneys,  appointments  by  insurance  commissioner,  for,  investiga- 
tion and  study  by  judicial  council  relative  to         Resolve 
debt  pooling  plans,  operation  of  held  to  constitute  practise  of 
law    .......... 

AUDITOR,    STATE: 

Boston   Housing   Authority,   abandonment   and   liquidation   of 

certain  project  by,  powers  and  duties  as  to     . 
housing  authorities,  records  of,  examination  of,  by    . 
Medford  Housing  Authority,  abandonment  of  certain  project  by, 

powers  and  duties  as  to         . 
salary  of,  increased         ........ 

Wellesley  Housing  Authority,  disposal  of  certain  housing  proj- 
ect bJ^  powers  and  duties  as  to      .  .  .  .  .     567 

Auxiliary  police  (see  Pohce  officers). 


Section. 
1,  2 


649 

699 

46 

6,  7 
3 

312 

202 

1.  2 

344 

1-3 

245 

1,  2 

88 
1.39 
306 

1,  2 

498 
697 

1,2 

203 
730 

8 

272 

1,  2 

23 

697 

1,  2 

595 
327 

572 
730 

7 

B. 

Babcock,  Josiah,  Jr.,  Underpass,  certain  underpass  on  new  south- 
east expressway  designated  as        ....  .     390  1,2 

Babies,  premature,  care  of,  relative  to  .....     753 

Babson  Institute,   master  of  business  administration,  degree  of, 

qualifications  for,  from  ......      156 

Bail,  fees  for,  increase  of  certain  .......     244 

Bailey,  Richard,  E.,  Memorial  Bridge,  certain  bridge  in  town  of 

Manchester  designated  as     .  .  .  .  .  .     389  1, 2 

Bait,  sale  on  Lord's  Day,  of,  authorized  .....     304 

Ballots  (see  Elections) 

BANKING   AND    INSURANCE,  DEPARTMENT    OF: 
banks  and  loan  agencies,  division  of: 

commissioner  of  banks,  salary  of,  increased  ....     730  39 

savings  banks,  laws  relative  to,  revision  of,  powers  and  duties 

as  to 432  1-24 

trust  companies  and  banking  companies,  consolidations  of, 

approval  by         .......  .     275  1,  2 


Index.  1213 

Chap.  Section. 

BANKING  AND  INSURANCE,  DEPARTMENT  OF— Concluded. 
insurance,  division  of: 

commissioner    of   insurance,    appointment    of   attorneys,    by, 
investigation    and    study    by    judicial    council    relative 
to       .......  .        Resolve       2.3 

casualty  insurance  companies,  filing  of  manuals  of  classi- 
fication rules  and  rates,  and  rating  plans,  etc.,  by,  with  .     384  9 
fire    insurance    companies    providing    additional    coverage, 

certain,  by,  powers  and  duties  as  to        .  .  .  .     339 

fire,  marine  and  inland  marine  insurance    companies,  filing 

of  class  rates,  rating  schedule,  etc.,  by,  with  .  .  .     384  2 

fraternal  benefit  societies,  certain,  limited,  transfer  of  mem- 
bership and  funds,  by,  powers  and  duties  as  to 
salary  of,  increased  ....... 

Banking  companies  (see  Banks  and  Banking). 
BANKS    AND    BANKING: 

in  general,  taxation  of  (see  Taxation). 

treasurer,  state,  deposits,  certain,  by,  relative  to    . 
banking  companies,  consolidation  of,  relative  to   . 

demand  deposits,  maximum  amount  which  may  be  received 
by.  amount  of,  increased       ...... 

co-operative  banks,  guaranty  funds,  of,  relative  to 
mortgages,  of,  term  and  amounts  of,  relative  to     . 
real  estate  loans  of,  relative  to     . 
savings  banks,  laws  relative  to,  revision  of     . 

Ludlow  Pavings  Bank,  acquisition  of  additional  real  estate  for 

parking  purposes,  by    . 
New   Industrial   Plants   Foundation   of   Lowell,    Inc.,   invest- 
ments in  participating  mortgage  loans  of,  b.v 
officers  and  employees,  certain,  retirement  benefits  of,  relative 

to _      _. 

Savings  Banks  Investment  Fund,  securities,  certain,  invest- 
ment in,  by 
trust  companies,  consolidation  of,  relative  to  .  .  . 

loans,  participating  with  other  banks,  in,  relative  to 
Banks  and  loan  agencies,  division  of  (see  Banking  and  Insurance, 

department  of). 
BARNSTABLE    COUNTY: 

appropriation  for  maintenance  of,  etc.      ..... 

Gosnold.    town    of,    exempted    from    making    contributions    to 
Pocasset  Sanatorium,  in         .....  . 

seawalls,  shore  protection,  contributions  for  cost  of,  borrowing 
of  money  for,  by,  authorized  ..... 

Barnstable  Fire  District,  territory  of,  extended    .... 

Barnstable,  town  of  (see  Cities  and  towns). 

Barre,  town  of  (see  Cities  and  towns). 

Bay  Circuit,  Massachusetts  (see  Massachusetts  Bay  Circuit). 

Bays  (see  Abaters  and  waterways). 

Beaches,  certain,  erosion  projects  for,  investigation  and  study  by 

Metropolitan  District  Commission,  relative  to       Resolve       99 
Beach  Point  Fire  Hydrant  District,  establishment  of  .  .615  1-6 

Beacon  Hill  District,  Historic,  establishment  of  .  .  .     616  1-12 

Beauty  operators  (see  Operators,  beauty). 
Beaver  Brook  Reservation,  improvement  and  further  development 

of.  by  metropolitan  district  commission,  providing  for      .     296 
Bell,  Ghislaine  P..  acts  as  notary  public  validated  .  .        Resolve  122 

Belmont,  town  of  (see  Cities  and  towns). 
Bennett,  Francis  W.,  payment  by  the  commonwealth  of  a  sum  of 

money  to    .  .  .  .  .        Resolve       66 

Benzol,  receptacles  containing,  labelling,  of,  relative  to  .  .  .     469  1-7 

Berkley,  town  of  (see  Cities  and  towns). 
BERKSHIRE    COUNTY: 

appropriation  for  maintenance,  etc.,  of    .  .  .  .     _      .     765  1 

district  court  of  Northern  Berkshire,  adequate  accommodations 

for,  providing  for  .  .  .  .  .  .  .212  1-3 

forest  fire  truck,  additional,  for,  providing  for  .  .  .     405 

Goodrich  Pond,  public  access  to,  establishment  of,  by         .  .     258  1-5 

Mount  Grevlock,  television  site  on,  rental  fee  for,  payment  of, 

to      ■ 504 

Betterment  assessments,  liens  for,  duration  of,  relative  to   .  .     194 

Beverages,  alcoholic  (see  Alcoholic  beverages). 

Beverly,  city  of  (see  Cities  and  towns). 

Billerica,  town  of  (see  Cities  and  towns). 

Birch,  Warren,  civil  service  tenure  for  .  .  .  .  .45  1,2 


108 
730 

1,2 
40 

167 
275 

1.2 

163 
257 
118 
146 
432 

1,  2 
1-24 

104 

1,2 

346 

1.  2 

501 

624 
275 
197 

1 

765 

1 

199 

1.  2 

126 
81 

1,  2 

1214 


Index. 


Bisbee,  Theodore  W.,  payment  by  the  county  of  Plymouth  of  an 
annuity  to  ........ 

Blackstone  River,  improvement  of  portions  of,  study  of       Resolve 

Blind  persons,  certain  matters  pertaining  to,  special  commission  to 

investigate  and  study,  providing  for       .  .        Resolve 

scope  of,  increased  .....        Resolve 

Blood  types,  hospital  patients,  of,  providing  for     . 
Boarding  homes,  old  age  recipients,  in,  minimum  weekly  rate  for 
care  of,  bv  ........ 

BOARDS,    LOCAL: 

See  Cities  and  towns. 
BOARDS,  STATE: 

See  Commonwealth,  departments,  boards,  commissions,  etc.,  of, 
also  specific  titles  of  departments,  boards,  commissions, 
etc. 
Boat  regulations,  uniform,  establishment  of,  special  commission  to 
investigate  and  study,  providing  for        .  .        Resolve 

Boiler  rules,  board  of  (see  Public  Safety,  department  of). 
Boilers,  steam,  insurance  for  (see  Insurance;   classes  of  insurance). 
Bonds,   bonded  employees,  information  as  to  race,  color,  religious 
creed,  national  origin  or  ancestry  not  to  be  furnished  by 
cities  and  towns,  of  (see  Municipal  finance), 
closing  out  sales,  bonds  given  in  connection  with,  disposition  of 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  County  finance). 

gas  and  electric  companies,  of,  advertising  procedure  for  sale  of 
Metropolitan  Transit  Authority,   unexpended  proceeds  of  cer- 
tain issues,  use  of,  bj^,  relative  to  .... 

Bonner,  Clarence  A.,  Building,  medical  and  infirmary  building  at 

Danvers  State  Hospital  designated  as    . 
Boston,    and  Maine    Railroad,   bridge,    certain,  in   town  of    West 
Boylston,  care,  control  and  maintenance  of,  transferred 
to  State  department  of  public  works,  from 
Arena  Authority,  annual  report,  time  of  making  of,  by,  relative  to 

repairs,  certain,  hy,  financial  assistance  for,  providing  for 
City  Hospital,  investment  of  money  received  by,  relative  to 
city  of  (see  Cities  and  towns). 

harbor,   department  of  public  works  autliorized  to  do  certain 
work  in  tidal  waters,  of  .....  . 

harbor  lines  in  Savin  Hill  Bay,  change  in       . 
Housing  Authoritj',  state-aided  veterans'  housing  project,  Boston 

200-13,  liquidation  and  abandonment  of,  b.y  . 

Port  of,  Commission,  property,  certain,  at  Army  Base,  insurance 
for,  procuring  of,  by     . 
Fund,  abolishment  of  ....... 

Bourne  Water  District,  payment  of  sum  of  money  to  Sun  Valley 

Beach,  Inc.,  by   . 
Boylston  Water  District,  water  loan,  additional,  making  of,  by, 
authorized  ........ 

Braintree,  Cemetery  Association,  property  and  funds  of,  transfer 
of  to  town  of  Braintree  ...... 

town  of  (see  Cities  and  towns). 
Brickley,  William  J.,  payment  by  Suffolk  County  of  pension  to 
Bridge,  Harold,  paj'ment  by  town  of  Oak  Bluffs  of  sum  of  money  to 
BRIDGES: 

Amaral,  Frank  B.,  Memorial  Bridge,  certain  bridge  in  town  of 

Manchester  designated  as     . 
Bailey,  Richard  E.,  Memorial  Bridge,  certain  bridge  in  town  of 
Manchester  designated  as     .  .  .  .  . 

Chelsea  Creek,  construction  of  railroad  bridge  over  certain  por- 
tion of         .  .  .  .  . 

excessive  loads  on,  penalty  for,  relative  to         .      _    . 
Hoosic  river,  Clarksburg,  town  of,  in,  reconstruction  by  depart 
ment  of  public  works,  of        .  .  .  .  . 

Log  Plain  Road  Bridge,  Greenfield,  in,  repair  of,  use  of  certain 
funds  for,  authorized    ...... 

Longfellow  Bridge,  Cambridge  end,  of,  reconstruction  by  Metro- 
politan District  Commission,  of     .  .  .  . 

Merrimack  river,  Lawrence,  in,  construction  of  bridge  over,  in- 
vestigation and  study  relative  to  .  .  .        Resolve 
O'Connell,  Lt.  Edmund  J.,  Bridge,  certain  bridge  on  Southeast 
Expressway  designated  as     .           .           .  .  . 

Prison  Point  Bridge,  policing  of,  by  Metropolitan  District  Com- 
mission       .......•• 


Chap. 

729 

72 

22 
IDS 
449 

603 


Section. 

1,  2 


73 


274 
217 


188 
277 


278 


299 

216 

598 

39 


5 
534 


595 


627 

577 


447 
537 


15 


517 
230 


388 
3S9 


436 
91 


606 
17 


329 
121 


500 
239 


1-3 
1,  2 

1-3 


1-3 

1,  2 

1,  2 

1-5 

1,  2 
1-3 

1,  2 
1,  2 

1,  2 
1,  2 


425 
732 
765 

1,2 

1 

68 

65 
140 
749 

1.2 

732 

1,2 

Index.  1215 

Chap.  Section . 

BRIDGES  —  Concluded. 

Robinson,  Governor  George  D.,  Bridge,  certain  bridge  in  city  of 

Chicopee  designated  as  .  .  .  .  .  •     531 

Watertown,  Galen  Street  Bridge,  in,  improvement  by  depart- 
ment of  public  works,  of       .  .  .  .  .  .     713 

West  Boylston,  bridge  over  railroad  tracks,  in,  care,  control  and 

maintenance  of,  relative  to  .  .  .  .  .  .     299  1-3 

Woods,  Edward  Melvin,  Bridge,  certain  bridge  over  Maiden  river 
designated  as       .......  . 

Briggs,  Edward  D.,  payment  of  pension  to  . 

Bristol  County,  appropriation  for  maintenance,  etc.,  of  . 

ground  water  supply,  in,  special  commission  to  investigate  and 

study,  revived  and  continued         .  .  .        Resolve 

metropolitan  water  system  mains,  extension  of,  to,  investigation 

and  study  relative  to,  continued    .  .       _   .        Resolve 

police  training  school,  establishment  of,  in,  authorized 

probate  court,  of,  judge  of,  salary  of,  relative  to        . 

tuberculosis  hospital,  trustees  of,  payment  of  pension  to  Edward 

D.  Briggs,  by       .......  . 

Brockton,  city  of  (see  Cities  and  towns). 

Brookline,  Newton  water  lands,  future  use  of,  special  commission 

to  investigate  and  study        ....        Resolve       38 

Police  Mutual  Aid  Association,  death  benefits,  certain,  of,  rela- 
tive to         .........       68 

town  of  (see  Cities  and  towns). 
Buckley,  Beatrice  B.,  Building,  certain  building  at  Monson  State 

Hospital  designated  as  .  .  .  .  .  .         8  1,  2 

Budget  commissioner  (see  Administration  and  finance,  commis- 
sion on). 
Buildings,  dwellings,  alternative  requirements  relative  to  construc- 
tion etc.  of,  regulations  made  relative  to,  by  board  of 
standards,  compliance  with,  relative  to  ...     617  1,  2 

inns  (see  Lodging  houses), 
inspectors  of  (see  Cities  and  towns), 
lodging  houses  (see  lodging  houses). 
Burden  of  proof  (see  Evidence). 
Bureau  of  accounts  (see  Corporations  and  Taxation,  Department 

of).  ,    „ 

Burlington  Water  district,  sale  of  water  by  town  of  Lexington,  to     511  I,  ^ 

Burns,  Beatrice  L.,  acts  as  notary  public  validated       .       Resolve       13 
Business  corporations  (see  Corporations). 
By-laws,  corporations,  of  (see  Corporations). 

c. 

Call  firemen  (see  Fire  Departments). 

Cambridge,  city  of  (see  Cities  and  towns). 

Campbell,  Josephine  L.,  conveyance  of  land  to  .... 

Camp  Sea  Haven  for  Infantile  Paralysis,  Inc.,  construction  of 
road  from  Federal  Reservation,  to,  providing  for     . 

Candidates,  (see  Election). 

Cannabis,  definition  of,  relative  to        .  .  .  •_ 

Cape  Cod,  pine  looper  moths,  suppression  of,  on,  providing  for 

Capital  gains,  or  losses,  determination  of  for  taxation  purposes, 
relative  to  .....••• 

Capital  outlay  program  for  commonwealth,  providing  for 

year  1953,  for,  law  providing  for,  amendment  of        .  ._         . 

Capital  outlay  projects,  state  department  requests  for,  relative  to 

Capitol  Police,  expenses  and  damages,  certain,  sustained  by,  in- 
demnity for  .  .  .  .  .  .  •      _    • 

Carbon  tetrachloride,  receptacles  containing,  labelling  of,  relative 
to 

Carlisle,  town  of  (see  Cities  and  towns). 

Carpet  Club  Associates,  Inc.,  powers  and  duties  of,  as  to     . 

Carriers,  common,  illegal  rate  practices  by,  responsibility  for,  fur- 
ther defined  .....••• 
private,  definition  of,  revised  ...... 

Cars  (see  Motor  vehicles). 

Casualty  Insurance  (see  Insurance;   classes  of  insurance). 

Cemetery  Corporations: 

Braintree  Cemetery  Association,  funds  and  property  of  trans- 
ferred to  the  town  of  Braintree      .....       15  1-5 


621 

1,  2 

544 

1-3 

100 
465 

1,  2 
1.  2 

635 

738 
282 
548 

2,  3 
1-7 
1,  2 

581 

469 

1-7 

224 

1.  2 

353 
569 

1,2 

1216  Index. 

Chap.  Seetion. 

Cemetery  Corporations  —  Concluded. 

corporate  existence  of,  evidence  to  secure  certificates  of  incor- 
poration, filing  of,  by  .  .  .  .  .  .  .     490 

Hope  Cemetery,  use  of  certain  portion  of,  for  purposes  of  widen- 
ing Hope  Avenue  in  the  city  of  Worcester       .  .  .16  1,  2 
Sachem  Lodge  Cemetery  Association,  property  of,  transfer  of,  to 

town  of  Pembroke        .  .  .  .  .  .  .       23  1-5 

Cerebral  palsy,  physiotherapy  treatment  for  victims  of,  investiga- 
tion and  study  by  department  of  public  health  relative 
to      .......  .       Resolve     101 

Certificates  of  registration  (see  Licenses  and  permits ;  also  specific 

titles) . 
Certified  mail,  use  of  in  sending  notices  under  the  general  laws, 

providing  for       .  .  .  .  .  .    _       .  .     683 

Change  of  name,  issuance  of  new  certificate,  after,  investigation  by 

judicial  council  relative  to    .  .  .  .        Resolve       18 

Chapin  Pond,  right  of  way  for  public  access  to,  establishment  of, 

pro^dding  for       ........     252  1-5 

Charitable  Corporations  (see  Corporations). 

Charitable  hospitals  (see  Hospitals). 

Charles  river,  and  its  tributaries,  flood  control  construction  for, 

providing  for       ........     768  1-5 

Checks,  fraudulent,  making,  drawing,  uttering  and  delivery  of  for 

services,  penalty  for     ......  .     133 

Chelmsford,  town  of  (see  Cities  and  towns). 

Chelsea,  city  of  (see  Cities  and  towns). 

Chicopee,  city  of  (see  Cities  and  towns). 

Child  delinquency  (see  Children,  delinquent). 

Children,  adoption  of,  conditions,  certain,  waiver  of,  for  certain 

petitions     .........     117 

law  relative  to,  changes,  certain,  in       .  .  .  .  .89 

delinquent,  detention  of,  relative  to  .  .  .  .  .     609  1—3 

interstate  compact  on  juveniles,  as  affecting  .        _.         _.     687  1—7 

prevention  of,  rehabilitation  of,  special  commission  to  investi- 
gate and  study,  revived  and  continued  .  .        Resolve       50 
school  training  programs  to  prevent,  providing  for  .  .     696 
handicapped,  non-profit  hospital  service  plans,  continued  cover- 
age, under,  for  certain  over  nineteen  years  of  age  _ .       _  .     404 
illegitimate,  inheritance  of  property  by,  investigation  by  judicial 

council  relative  to         .  .  .  .  ._      Resolve       26 

labor  laws,  certain,  relative  to,  suspension  of  operation  of,  pro- 
viding for  ........_• 

mechanical  establishments,  allowance  of  hoiu-s  for  meals,  in,  for 
parents,  support  for,  liability  for,  of         .  .  .  .  _       . 

retarded,  training  facilities  for,  special  commission  to  investigate 
and  study,  revived  and  continued  .  .        Resolve 

Salk  poliomyelitis  vaccine,  furnishing  of,  to,  providing  for 
street  trades,  engaging  in,  by,  hours  for,  regulated    . 
under  sixteen  years  of  age,  employment  of,  further  regulation  of 
wayward,  detention  of,  relative  to  .  .  . 

interstate  compact  on  juveniles,  as  affecting 
Chiropodists,  applicants  for  registration,  as  qualification  of,  rela- 
tive to         .  .  . 
school  children,  examination  of  feet  of,  by        . 
CHURCHES  AND  RELIGIOUS  CORPORATIONS: 

in  general,  corporate  existence  of,  evidence  to  secure  certificates 

of  incorporation  .  .  .  .  .        _  •  •     490 

American  Unitarian  Youth,  Universalist  Youth  Fellowship,  con- 
solidation of,  under  name  of  Liberal  Religious  Youth       .       87  1-5 
First  Congregational  Church  of  Marshfield,  Inc.,  The,  sale  by 

town  of  Marshfield  of  certain  land,  to    .  .  .  .     659  1-3 

First  Congregational  Church  of  North  Adams,  establishment  of, 
transfer  by  First  Congregational  Society  of  North  Adams, 
Massachusetts,  of  certain  property,  to   .  .  .  .     145  1-10 

First  Evangelical  Lutheran  Church  of  Lynn,  conveyance  of  land 

by  city  of  Lynn,  to      ......  •     457  1,  2 

First  Parish  Church  United  of  Westford,  establishment  of,  trans- 
fer by  Union  Congregational  Church  in  Westford  and 
First  Congregational  Parish  (Unitarian)  in  Westford,  of 
certain  property,  to      ....••  •     144  1-10 

Saint  Francis  Seraphic  Seminary,  payment  by  town  of  Tewks- 

bury  of  sum  of  money  to      ......       73  1,  2 

Trinity  Church  in  the  city  of  Boston,  holding  of  additional  real 

and  personal  estate,  by,  authorized         .  .  .  .30 


106 

111 

492 

1-3 

51 

114 

481 

1-3 

503 

113 

609 

1-3 

687 

1-7 

676 

1-3 

684 

Index. 


1217 


CITIES  AND  TOWNS: 
in  general: 

aged  persons,  care  of  (see  Aged  Persons). 

air  pollution  surveys,  requests  for,  by,  relative  to  . 

assessment  systems,  for,  providing  for 

assessors  of  taxes  (See  Assessors  of  Taxes). 

betterment  assessments,  liens  for,  duration  of,  relative  to 

bonds  and  notes,  of  (see  Municipal  Finance). 

borrowing  of  money  by,  incinerators,  for 
public  welfare  and  veterans  benefits,  for    . 
under  act  creating  Emergency  Finance  Board,  opportunity 
for,  extended   ....... 

further  extension  of      .....  . 

building  inspectors,  infirmaries  and  institutions,  powers  and 
duties  as  to 
regulations  of  board  of  standards  relative  to  alternative  ma- 
terials for  dwellings,  powers  and  duties  as  to 

civil  defense  program,  reports,  certain,  filed  in  connection  with 
by,  relative  to     ......  . 

civil  service  (see  Civil  service  and  registration,  department  of) 

clerks  of  (see  City  and  town  clerks). 

districts  of  (see  Districts). 

dumps,  public  and  private,  assignment  of  places  for,  in,  rela- 
tive to         ........  . 

election  commissioners,  boards  of,  establishment  of,  in,  pro- 
viding for  ......... 

Emergency  Finance  Board  (see  Emergency  Board). 

employees  of  (see  Municipal  officers  and  employees). 

excavated  land,  certain,  erection  of  barriers  at,  by  owners  of, 
enforcement  of,  by       . 

fire  departments  (see  Fire  departments). 

flood  damage,  reimbursement  for,  payment  of,  to 


Chap. 


Section. 


.     784 
.     649 

Item  2002-01 

.     194 

.       85 
18 

1.2 

1-4 

V 

.     262 
.     726 

1.2 
1-3 

.     662 

1-9 

.     617 

1,2 

.       25 

310 
218 


24 

f698 
\  699 
[739 
433 


479 
772 


Greenhead  fly  control  projects,  of,  further  regulation  of 

gypsy  moth,  suppression  of,  cost  of,  payment  for  in  three 
equal  installments,  by,  providing  for      .... 

handicapped,  physically,  special  classes  for,  powers  and  duties 
as  to  ......... 

housing  authorities  of  (see  Housing  authorities,  local). 

hurricanes,  certain,  indebtedness  incurred  by,  alleviation  of, 
for     .......... 

ice  skating  rinks,  artificial,  construction  and  maintenance  of, 

.     .  by 

mcinerators,  construction,  operation  and  maintenance  of,  bor- 
rowing of  money  for,  by,  authorized       .... 

infirmaries,  licensing  and  inspection  of,  powers  and  duties  as 
to 

Japanese  beetle,  pine  looper,  suppression  of,  by      . 

juvenile  delinquency,  prevention  of,  school  training  programs 
for  purposes  of,  by       . 

licensing  boards  (see  Licensing  authorities,  local). 

listing  of  persons,  in,  relative  to  . 

medical  service  corporations,  providing  medical  services  for, 
by,  relative  to     .......  . 

Metropolitan  Transit  Authority,  deficiency,  certain,  of,  method 
of  assessing  amount  of,  on    . 
motor  buses  operated  by,  width  of,  powers  and  duties  as 
to 

nurses,  temporary  employment  of  certain,  by         .  .  . 

officers  and  employees  (see  Municipal  officers  and  employees). 

ordinances  and  by-laws,  barriers  around  excavated  land,  en- 
forcement of,  by  ....... 

personnel  relations  review  boards,  establishment  of,  in,  pro- 
viding for  ......... 

planning  boards,  appeals  from,  speedy  trials  in  superior  court, 
for     .........  . 

plans,  certain,  certification  of,  delegation  of  power  for,  by   . 
proposed  subdivision  rules  and  regulations  of,  public  hear- 
ings on,  providing  for  ....... 

subdivisions  and  development  projects,  land  for  park  pur- 
poses, in,  powers  and  duties  as  to 

planning  districts,  regional,  establishment  of,  by,  providing  /  374 
for \656 


696 

67 

186 

229 


165 
553 


24 
294 


348 
326 


370 
324 


1-3 


1-5 

1-7 
1,  2 


1,2 


46 

1-3 

716 

1,  2 

85 

1,  2 

662 
340 

1-9 

1-3 

1,  2 
1,  2 


1.2 


1-3 


1218  Index. 

Chap.  Section. 

CITIES  AND  TOWNS  —  Continued. 
in  general  —  Concluded. 

playgrounds,  use  and  control  of,  by      .  .  .  .  .96 

police  officers  (see  Police  officers). 

private  ways  and  parking  areas,  statutory  regulations  as  to 
speed  and  use  of  motor  vehicles  on,  extension  of,  to, 
powers  and  duties  as  to         .  .  .  .  .  135 

public  welfare  and  veterans  benefits,  borrowing  of  money  for 

purposes  of,  by    .  .  .  .  .  .  .  .18  1-4 

public  welfare  boards,  (see  Public  welfare,  local  boards  of). 

public  works  contracts,  payments  due  upon  completion  of, 

time  for,  by         .......  .     597 

public  works  projects,  laborers,  suppliers,  etc.,  on,  payment 

of,  security  for,  powers  and  duties  as  to  .  .  .     702  1-3 

subcontractors  on,  payment  of,  security  for,  powers  and 
duties  as  to  .  .  .  .  .  .  .  .     701 

time  limit  for  incurring  debt  to  secure  benefits  of  federal 
assistance,  in,  extension  of    .  .  .  .  .  .     284 

real  estate,  sales  of,  by,  payments  in  lieu  of  taxes  for  balance 

of  year,  providing  for  .  .  .  .  .  .  .     247 

exemption  of  veterans  housing  from  provisions  of        .  .401 

regional  school  districts  of  (see  Districts). 

registrars  of  voters,  listing  of  persons,  by      .  .  .  .67  1-3 

rent  control,  continuation  of,  in,  providing  for       .  .  .     225  1.  2 

schools  of  (see  Schools,  public). 

state  and  county  taxes,  equalization  and  apportionment  of, 

on  preparation  by  special  committee,  of  .        Resolve       81 

scope  of  commission,  increased  .  .  .        Resolve     100 

state  lands,  certain,  reimbursement  for  loss  of  taxes  on,  by, 

relative  to  .  .  .  ...  .  .     467 

subdivision  control  law,  appeals  from  decisions  of  planning 

boards  or  boards  of  appeal,  under,  speedy  trials  for  .     348 

industrial  land  included  under  provisions  of        .  .  .411  1,2 

parks,  setting  aside  land  for,  under,  powers  as  to,  of  .  .     324 

planning  boards  under,  plans,  certain,  certification  of,  dele- 
gation of  power  for,  by  .....  .     326  1, 2 

treasurers  of  (see  City  and  town  treasurers). 

tuberculosis  patients,  care  for,  by  relative  to  .  .  .     559  1, 2 

veterans'  and  departments  of,  cancer  treatment  for  veterans, 

payments  for  care  of,  relative  to    .  .  .  .  .     585  1-3 

veterans  benefits  (see  Veterans  benefits). 

veterans  housing,  sale  of,  confirming  of  title  to  for  purposes 

of,  procedure  as  to        .  .  .  .  .  .  .     445 

water  pipes,  cost  of  laying  of,  levy  of  special  assessments  for,  /  332 
by .  .  .  \639 

weights  and  measures,  sealers  of,  farm  milk  tanks,  annual 

testing  and  sealing  of,  by,  powers  and  duties  as  to  .185 

sealing  of,  by,  fee  for       .......     184 

interference  with  performance  of  duties  by,  penalty  for    .     190 

workmen's  compensation  (see  Workmen's  Compensation). 

zoning  boards,  appeal  boards  of,  powers  and  duties  of,  relative 

to 325  1,  2 

Zoning  Enabling  Act,  boards  of  appeal,  under,  powers  and 

duties  of .349 

cities,  budgets,  laws  relative  to,  special  commission  to  investi- 
gate and  study,  revived  and  continued  .  .        Resolve       31 

city  councils,  ordinances  for  salary  and  wage  increases,  con- 
sideration, certain,  by  ......     358 

plan  B  (see  Plan  B  form  of  city  charter). 

tax  rates,  use  of  certain  available  funds  for  reductions  of,  by, 

authorized 202  1,  2 

towns,  constables,  term  of  office  of,  in,  relative  to    . 

insurance,  certain,  against  extraordinary  workmen's  compen- 
sation losses,  providing  for,  by,  authorized 

land,  certain,  sale,  leasing  or  licensing  of  to  regional  school 
districts,  by         ......  . 

liability,  incurring  of  in  certain  cases  of  extreme  emergency 
vote  necessary  for,  in  .  .  .  . 

officers,  certain,  of,  oath  of  office  of,  relative  to      .  . 

regional  school  districts,  renewal  of  leases  of  school  buildings 
to,  by 

volunteer  firemen,  certain,  indemnity  insurance  for,  providing 
for,  by        .  .  .  .  ... 

workmen's  compensation  losses,  extraordinary,  insurance  pro- 
tection against,  payments  for,  by,  authorized 


33 

291 

127  1,  2 

259 
123 

68 

385 

291 


Index. 


CITIES  AND  TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities : 
Beverly,  mayor,  board  of  aldermen,  salaries  of,  relative  to 
Boston,  Beacon  Hill  Architectural  Commission,  establishment 
of  in  building  department,  of 

Boston  City  Hospital,  investment  of  certain  monies  received 
by,  relative  to     . 

Boston  Housing  Authority,  abandonment  and  liquidation  of 
certain  project,  by        .  .  .  .  .  . 

building  commissioner,  approval  of  certain  motion  picture 
operators  licenses,  by,  requirement  as  to,  repeal  of 

buildings,  certain,  remodeling,  reconstruction  and  extraor- 
dinary repairs  to,  boiTowing  of  money  for,  by 

Columbia  Road,  Old  Colon j'  Avenue,  portions,  certain,  of, 
transfer  of  care,  control  and  maintenance  to  metropolitan 
district  commission      ...... 

Dooley,  John  H.,  Memorial  Playground,  certain  play  area 
in  Hyde  Park  district  designated  as        .  . 

garage  under  Boston  Common,  tunnel,  certain,  to  be  con 
structed  in  connection  with,  relative  to 

gasfitters,  licenses,  certain,  for,  term  of,  relative  to 

George  Robert  White  Fund,  employees,  certain,  of,  made 
eligible  for  membership  in  State-Boston  retirement  system 

Hyde  Park,  Mattapan,  Roslindale,  and  Readville  districts, 
construction  by  metropolitan  district  commission  of  recre- 
ation area,  in,  providing  for  ..... 

incinerator,  proposed,  for,  law  relative  to,  repealed 

land,  certain,  in  Dorchester  district,  conveyance  to  com- 
monwealth of,  by,  authorized  .... 
in  East  Boston  district,  acquisition  by  commonwealth  of 

licensing  board,  members  and  secretary  of,  salaries  of,  in- 
crease of  ........ 

Professional  and  Business  Men's  Club,  Inc.,  all  alcoholic 
licenses  for,  issuance  of,  by,  authorized        .  . 

motion  picture  operators  licenses,  certain,  restriction,  cer- 
tain, on  removal  of       .  .  •      .  .  •. 

off-street  parking  areas  and  parking  facilities,  regulation  of, 
by,  providing  for  .  .  .  .  .  .  . 

ofif-street  parking  facilities,  further  provision  for  establish- 
ment of ,  by  .......  . 

parked  vehicles,  removal  of  on  ways  in  downtown  area, 
relative  to  . 

park  land,  certain,  in,  sale  of  to  Hebrew  Home  for  Aged,  by 

playground,  certain,  in  Mattapan  district,  designated  as 
Reverend  Francis  A.  Ryan  Memorial  Playground    . 

police  commissioner,  legal  assistant  to,  salary  of,  relative  to 

police  officers,  certain,  sick  leave  for,  relative  to 

real  estate  commissioners,  board  of,  residence  requirement 
for  members  of,  relative  to  . 

school  buildings,  department  of,  superintendent  of  construc- 
tion in,  salary  of,  relative  to  .  .  .  . 

school  committee,  expenses,  certain,  of,  appropriation  for, 
by,  increased       .  .  .  .  . 

school  pension  fund,  permanent,  principal  of  made  available 
for  payment  of  pensions        .  .  .  .  .  . 

Suffolk  county,  contracts  entered  into,  with,  by.  relative  to 

vehicular  crossing,  additional,  East  Boston  to,  investigation 
and  study  by  special  commission  relative  to    .        Resolve 

voting  precincts  and  polling  places,    changes  in,  relative  to 

ways,  certain,  use  of  for  plaj-ground  purposes,  by, 

William  T.  Morrissey  Boulevard,  pedestrian  overpass,  cer- 
tain, construction  of,  on,  providing  for  .... 

Youth  Service,  division  of,  maintenance  of  place  of  custody 
by,  in  ........  . 

Brockton,  Kenney,  Catherine  E.  O'Connell,  retirement  allow- 
ance of,  relative  to        ......  . 

primary  elections,  candidates  for  nomination  at,  party  en- 
rollment of,  filing  of  certificates  relative  to,  in 
Cambridge,  boundary  line,  between  said  city  and  town  of 
Belmont,  change  in      .  .  .  .  .       _  . 

election  officials,  certain,  compensation  of,  by,  relative  to    . 

land,  certain,  acquired  for  water  purposes,  sale  of  for  hous- 
ing purposes,  by,  authorized  ..... 

park  land,  certain  use  for  school  purposes,  by,  authorized    . 

water  department,  surplus  income  of,  use  of,  by,  relative  to 


Chap. 

478 

616 

39 

595 


44^ 
364 


570 

297 


529 
4 


309 


1219 

Section. 

1-3 

1-12 


1-4 
1,2 


1,  2 
1.  2 

1-4 


558 
773 

1.2 

441 
438 

1.  2 
1-3 

62 

1,2 

376 

44 

318 

1,  2 

450 

1,  2 

315 
36 

1.  2 
1,  2 

295 

54 

437 

1.  2 
1.2 

450 

iA 

90 

236 

1.  2 

298 
60 

1-3 

146 

264 

1 

1.2 

260 

518 

1-3 

399 

1,  2 

456 

1.  2 

679 
66 

1-5 
1.  2 

302 
49 
84 

1,  2 
1,  2 
1.2 

1220 


Index. 


Chap. 


715 


149 


CITIES  AND  TOWSS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued. 

Chelsea,  playgrounds,  certain,  in,  construction  of,  providing 

for     .........  . 

sewerage  dumping,  certain,  by  metropolitan  district  com- 
mission, reimbursement  to  certain  property  owners  for, 
_  in       .  .  .  .  .  .  .  .        Resolve 

Chicopee,  bridge,  certain,  in,  designated  as  Governor  George 
D.  Robinson  Bridge     ....... 

Nash  Field,  conveyance  to  Oscar  Dion  of  portion  of,  by 

registry  of  motor  vehicles,  establishment  of  branch  office  of, 
in.      .........  . 

Everett,  proposed  interchange  in,  designation  as  General  E. 

Leroy  Sweetser  interchange  .  .  .        Resolve 

Fall  River,  family  burial  lot  of  heirs  of  Church  Terry,  eminent 

domain  taking  of,  by  state  department  of  public  works,  in 

Greater   Fall   River   Development   Corporation,   establish- 
ment of  to  promote  industrial  development,  of 
Fitchburg,   parking  meter  receipts,    certain,  use   of,  to  pay 

principal  and  interest  on  certain  bonds,  by     . 
Gardner,  Connors  Street  Building,  repairs  and  remodeling  of 
borrowing  of  money  for,  by,  ..... 

Greater  Gardner  Development  Corporation,  incorporation 
of,  in  ........ 

Gloucester,  park  department,   control   and  management  of 
placed  under  jurisdiction  of  department  of  public  works 

playground  department,  placing  under  jurisdiction  of  de- 
partment of  public  works,  by,  providing  for    . 

school  committee,  terms  of  membership  of,  filling  of  va- 
cancies in,  relative  to  . 

sewer  department,  placing  under  jurisdiction  of  department 
of  public  works,  by,  providing  for 

traffic  circle,  certain,  in,  designated  as  Chester  H.  Grant 
Memorial  Circle  ...... 

water  department,  management  and  control  of,  placed  under 
jurisdiction  of  department  of  public  works,  of 
Holyoke,  off-street  parking  facilities,  construction  of,  by,  au- 
thorized     ........ 

Southampton,  town  of,  improvement  and  surfacing  of  cer 
tain  highways  in,  by    . 
Lawrence,  alcoholic  clinic,  establishment  by  state  department 
of  public  health,  in,  providing  for 

board  of  public  welfare,   board  of  overseers  of  the  poor 
designated  as       ......  . 

borrowing  of  money  for  public  parking  places,  by,  author 
ized   .  .  .  .  .  .  .  . 

bridge,   certain,   over   Merrimack  river,   study  relative  to 
construction  of,  providing  for         .  .  .        Resolve 

economic  conditions  in,  investigation  and  study  by  depart- 
ment of  commerce  relative  to         .  .  .        Resolve 

Savoie,  Alfred  J.,  payment  of  sum  of  money  to,  by     . 
Lowell,  land,  certain,  in  town  of  Chelmsford,  annexation  of,  /  164 
by,  authorized     ........ 

off-street  parking  facilities,  in,  authorized 
Lynn,  land,  certain,  held  for  playground  and  recreational  pur- 
poses, sale  of,  by,  authorized  ..... 
sale  of  to  the  First  Evangelical  Lutheran  Church,  by   . 

school  appropriations,  special  acts,  relative  to,  repeal  of 

school  purposes,  appropriations  for,  by,  relative  to 

utility  corporations,  certain,  lines,  poles  and  equipment  of, 
validation  of  locations  of,  by,  providing  for    . 

ways  and  drainage,  commission  on,  membership  of,  change 
in       .........  . 

Maiden,  borrowing  of  money  for  parking  purposes,  by,  rela- 
tive to         ........  . 

city  council,  establishment  of,  abolishment  of  board  of  alder- 
men and  common  council,  in  ....  . 

city  engineer,  office  of,  in,  relative  to  ...  . 

city  solicitor,  office  of,  term  of  present  incumbent  of  . 

Fellsmere  pond,  in,  improvement  by  metropolitan  district 
commission  of,  providing  for  .....     655 

Holland,  Deruiis  C.,  reinstatement  in  employ  of,  for  retire- 
ment purposes     ........     704 


528 
424 


121 


Section. 


1-3 


531 
/166 
\487 

1,  2 

563 

1.2 

14 

293 

1-3 

392 

1-21 

210 

1.  2 

53 

1.  2 

564 

1-20 

174 

1-5 

442 

1-5 

97 

1-4 

443 

608 

1,2 

206 

1-6 

663 

1-7 

1-3 


127 
466 
164 
629 
362 

1.  2 
1-3 
1-7 

237 
457 
250 
368 

1,  2 
1,2 
1,  2 
1-3 

215 

1.2 

233 

1.  2 

59 

550 

110 

93 

1-6 
1.  2 
1.2 

1.2 


Index. 


1221 


Chap. 
CITIES  AND  TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Continued. 

Maiden  Stadium  and  athletic  Field  Commission,  personnel 
of,  change  in        ........       67 

park  land,  certain,  conveyance  of,  to  Maiden  Housing  Au- 
thority, by 599 

school  loan,  certain,  unexpended  balance  of,  use  of,   by, 
authorized  ........ 

sewage  disposal  and  water  supply,  in,  relative  to 

tax  rate,  stabilization  of,  in,  providing  for 

traffic  commission,  personnel  of,  change  of,  in    . 

unpaid  bills,  certain,  appropriations  for  and  payment  of,  by, 
authorized  ........     346 

Medford,  Housing  Authority,  state-aided  veterans  housing 
project,  Medford  200-2,  hquidation  and  abandonment  of, 
by 672 

new  little  league  park  to  be  constructed  in,  designated  as 
Veterans  Memorial  Park       ...... 

sewage  disposal  and  water  supply,  in,  relative  to 
New  Bedford,  industrial  resources,  promotion  and  develop- 
ment of,  amount  of  money  to  be  appropriated  for,  by,  in- 
creased       ......... 

veterans'  organizations,  leasing  of  suitable  headquarters  to, 

by . 

Newton,  Cochituate  aqueduct,  transfer  of  certain  portion  of, 
by  metropolitan  district  commission,  to  .  .  . 

contracts,  making  of,  by  ...... 

land,  certain,  use  for  school  purposes,  by,  authorized 

special  commission  to  study  future  use  of  Brookline-Newton 
water  lands,  designation  of  one  member  to,  by       Resolve 

unpaid  bill,  certain,  payment  of,  by,  providing  for 
North  Adams,  district  court,  adequate  accommodations  for, 

in       .  .  .  .  . 

Northampton,  Calvin  Coolidge,  establishment  of  memorial 
to,  Forbes  Library,  in,  powers  and  duties  as  to        .  . 

department  of  engineering,  board  of  engineering,  establish- 
ment of,  in  ........ 

fire  department,  permanent  members  of,  forty-eight  hour 
work  week  for,  submission  to  voters  of  question  relative  to 

sewage  treatment  works,  construction  of,  incurring  of  in- 
debtedness for,  by         ......  • 

Peabody,  city  infirmary  burial  ground,  discontinuance  of,  by 

park  property,  certain,  granting  of  easement  over  to  Essex 
County  Electric  Company,  by       ....  • 

Pierce,  Mary  L.,  payment  of  pension  to,  by 

school  committee,  members  of,  eligibility  to  hold  certain 

other  positions,  in,  relative  to         ....  • 

Pittsfield,  Goodrich  Pond,  pubUc  access  to,  establishment  of, 

in,  providing  for  .....•• 

off-street  parking  facilities,  in,  authorized  .  . 

Richmond  Pond,  in,  drawing  of  water  from,  regulation  on  . 
Quincy,  cemetery  purposes,  purchase  of  lands,  for,  by,  au- 
thorized       _   .  .414 

Furnace  brook,  in,  enclosure  by  metropolitan  district  com- 
mission, of  ......■•     600 

Louis  Petrella  Construction  Company,  payment  of  sum  of 
money  to,  by,  authorized      ....-• 

off-street  parking  areas,  sanitary  facilities  for 

use  of  certain  bond  proceeds  for  construction  of 
Revere,  overlay  deficits,  funding  of,  by,  providing  for    . 

Revere  Youth  Commission,  director  of,  tenure  of  office  of 

present  incumbent  of,  relative  to  .  .  .  .  .77 

sewerage  dumping,  certain,  reimbursement  to  certain  prop- 
erty owners  for  damage  caused  by,  providing  for     Resolve     149 

Shaw  Beach  and  Roughan's  Point,  sea  wall  at,  raising  of,  by 

metropolitan  district  commission,  providing  for        .  .     473 

Salem,  Dolan,  Francis  H.,  widow  of,  payment  of  sum  of  money 

to,  by 463 

fire  department,  supervisor  of  motor  apparatus,  in,  incum- 
bent of  position  of,  status  of,  relative  to  .  .  .132 

park  property,  certain,  sale  and  conveyance  of,  by,  author- 
ized  ..........       56 

superintendent  of  central  motor  equipment  division,  office 
of,  placing  under  civU  service  laws,  by,  authorized  .       94 


Baetion. 


1-3 


660 

1,2 

251 

1,2 

227 

1,2 

484 

1.2 


431 
251 

1,2 

510 

1,2 

28 

1,2 

419 
121 
211 

1-3 
1.2 
1.2 

38 
52 

1,2 

212 

1-3 

547 

1-3 

650 

1-9 

130 

1,2 

462 
337 

1-3 
1-4 

516 
756 

1.  2 
1,2 

721 

1.  2 

258 
694 
586 

1-5 
1-8 
1.2 

1.  2 


238 

1-4 

521 

1.  2 

522 

1,2 

543 

1-4 

1,2 


1.  2 
1.  2 
1,  2 
1,  2 


25 
341 
723 

1,  2 

393 

116 

1,  2 

428 
409 
157 

1,2 

303 

486 

747 

1,  2 
1-15 

508 
722 
576 
536 
480 

1-20 
1-4 
1-4 
1,  2 

201 

1.  2 

387 

1,  2 

1222  Index. 

Chap.  Section. 

CITIES  AND  TOWNS  —  Continued. 

special  provisions  relative  to  particular  cities  —  Concluded. 

Somerville,  Cozza  Circle,  traffic  circle  at  intersection  of  Powder 

House  Boulevard  and  Alewife  Brook  Parkway  designated 

as      .  .  .  .  .  .  .  .        Resolve 

Curtin,  John  J.,  payment  of  certain  medical  expenses  of,  by 
district  court,  of,  second  assistant  clerk  for,  providing  for 
overpass,  certain,  in,  designated  as  Paul  A.  McCarthy  over- 
pass .  .  .  .  .  .  .  . 

tenement  houses,  law  applicable  to,  revocation  of  accept- 
ance of,  by,  providing  for      ...... 

Springfield,  alcoholic  clinic,  establishment  by  state  depart- 
ment of  public  health,  in       .....  . 

Flaherty,  George,  payment  of  sum  of  money  to,  by    . 
Haggerty,  Patrick  J.,  retirement  of,  by      . 
market  authority,  establishment  of,  in,  investigation  and 
study  relative  to,  providing  for      ..... 

off-street  parking  facilities,  establishment  of,  in 
park  land,  certain,  conveyance  of  to  Peter  S.  Sheehan,  by  . 
Robinson  State  Park,  easement  for  water  supply  purposes, 
in,  granting  to     .......  . 

Springfield  Recreation  Authority,  powers  and  duties  as  to  . 
Stack,  John  F.,  retirement  of,  by,  relative  to      . 
unpaid  bills,  certain,  payment  of,  by,  authorized 
ward  eight,  precinct  lines  of,  changing  of,  by,  relative  to 
Taunton,  electric  purposes,  borrowing  of  money  for,  by,  au- 
thorized     ......... 

Waltham,  city  council,  membership  of,  increase  of,  providing 

for 

Westfield,  Little  River  and  Westfield  River,  improvements  by 
state  department  of  public  works  in  and  along,  providing 

for 502 

Woburn,  school  building,  certain,  construction  of,  contract 
with  Louis  Proia  Construction  Company,  Inc.,  for  making 
of,  by,  authorized         .......     783 

Worcester,  betterment  and  sewer  assessments,  payment  of, 
extension  of  time  to  recipients  of  old  age  assistance  and 
others,  by,  relative  to  ...... 

Green  Hill  Park,  easement  in,  granting  of  to  commonwealth, 

by 

portion  of,  conveyance  of  to  commonwealth,  by 
Home  for  Aged  Women,  in,  holding  of  additional  property 

by,  increase  in  powers  of  trustees  of,  authorized 
Hope  Avenue,  widening  of,  use  of  portion  of  Hope  Cemetery 

for  purposes  of ,  by       . 
Muhr,  George  E.,  reinstatement  in  employ  of  for  retirement 
purposes     .  .  .  .  .  .  .  .  . 

off-street  parking  facilities,  establishment  of,  in,  authorized 
special  provisions  relative  to  particular  towns : 

Acton,  land,   certain,  in,    conveyance  to  Acton-Boxborough 
regional  school  district,  by    .  .  .  .  .      _    . 

police  officers,  certain,  of,  civil  service  status  for,  providing 
for     .  .  .  .  .  .  ... 

Adams,  park  land,  certain,  conveyance  of  to  James  Pieri,  by, 
authorized  .  .  •  .  .  .  •  •     .     ■  •       .  • 

recreational  and  swimming  facilities,  establishment  of,  in, 
investigation  and  study  by  department  of  natural  re- 
sources relative  to         ....  .        Resolve 

Agawam,  acts,  certain,  of,  ratified  and  confirmed  . 
land,  certain,  of  commonwealth,  conveyance  of,  to      . 
representative  town  government  by  limited  town  meetings, 
establishment  of,  in      .  .  .  .  ._         .  . 

Amherst,  municipal  offices,  nominations  and  elections  for,  in, 
relative  to  ........ 

Ashland,  Dzindolet,  Alexander,  park  department  employee, 
continuation  of  service  of,  by         ....  . 

Barnstable,  land,  certain,  of  commonwealth,  conveyance  of,  to 

selectmen,  of,  authorization  to  act  as  board  of  public  works, 

repealed      ......... 

Barre,  land,  certain,  in,  acquisition  by  division  of  fisheries  and 
game,  of,  approval  by  selectmen,  of        ...  • 

Belmont,  Beaver  Brook  Reservation,  in,  improvement  and 
further  development  of  by  metropolitan  district  commis- 
sion, providing  for        ......         •     296 


361 

1.  2 

761 
460 

1.  2 

71 

1-5 

16 

1.2 

691 
365 

1.2 
1-6 

420 

3 

45 

1.  2 

105 

1-3 

85 
20 

588 

1,2 
1.2 

632 

1-14 

149 

1-8 

754 
556 

11 

1,  2 

356 

1.  2 

679 

1-5 

513 

1-4 

268 

1.  2 

Index.  1223 

Chap.  Seotion. 

CITIES  AND  TOWNS  —  Continued. 

special  provisions  relative  to  particular  towns  —  Continued, 
Belmont  —  Concluded. 

boundary  line,  between  said  town  and  city  of  Cambridge, 
change  in    ........  . 

land,  certain,  of  commonwealth,  conveyance  of,  to 
Wilkins,  Harold  A.,  payment  of  sum  of  money  to,  by 
Berkley,  Dighton  Rock,  in,  land  adjacent  to,  acquisition  of  by 

department  of  natural  resources    .....     538  1-3 

Billerica,  Nutting's  Lake,  dredging  of,  feasibility  of,  investiga- 
tion and  study  relative  to,  providing  for  .        Resolve       63 
representative  town  government  by  limited  town  meetings, 

establishment  of,  in      .  .  .  .  .  .  .6  1-13 

Brain  tree.  Brain  tree  Cemetery  Association,  property  and  funds 

of,  transfer  of,  to  .  .  .  .  .  .  .15  1-5 

Brookline,  director  of  school  health  services,  appointment  by 

school  committee  of  director  of  public  health,  as      .  .     191  1,  2 

special  commission  to  study  future  use  of  Brookline-Newton 

water  lands,  designation  of  one  member  to,  by       Resolve       38 

Carlisle,  park  land,  certain,  use  for  school  purposes,  by  .     709  1,  2 

Chelmsford,  land,  certain,  in,  annexation  of  by  city  of  Lowell,  /  164  1,  2 

providing  for       .  .  .  .  .  .  .  .  \  629  1-3 

Clarksburg,  bridge,  certain,  in,  reconstruction  by  state  depart- 
ment of  pubHc  works,  of       .....  .     606  1,  2 

Clinton,  Carpet  Club  Associates,  Inc.,  powers  and  duties  as  to     224  1,  2 

Cohasset,  fire  department,  permanent  members  of,  hours  of 

duty  of,  relative  to       .  .  .  .  .  .  .48  1,2 

Straits  Pond,  control  of  insect  life  in,  appropriations  for 

purposes  of,  by,  authorized  ......     557 

water  supply,  fluoride  supplementation  of,  submission  to 

voters  of  question  pertaining  to,  providing  for  .  .61  1,2 

Concord,  land,  certain,  in,  transfer  by  state  department  of 
public  safety,  to  ....... 

Danvers,  hospital  bonds,  of,  action  relative  to,  by,  validated 

sewer  assessments,  in,  relative  to       . 
Dartmouth,  borrowing  of  money  for  water  purposes,  by 
Dedham,  annual  town  meeting,  adjourned,  held  in  current 

year,  acts  and  proceedings  at,  validated  .  .  ,     710  1,  2 

special  commission  to  study  future  use  of  Brookline-Newton 
water  lands,  designation  of  one  member  to,  by      Resolve       38 
Dennis,  regional  school  district,  proceedings  relative  to  organ- 
ization of,  by,  validated        ...... 

Dover,  park  land,  certain,  use  of  for  school  purposes,  by,  au- 
thorized     ......... 

Duxbury,  Duxbury  Fire  and  Water  District,  obligations  of, 

properties  of,  assumption  of,  by    . 
Fairhaven,  referendum  procedure,  in,  relative  to    . 

representative  town  government  by  limited  town  meetings, 
in,  relative  to      .......  . 

Falmouth,  park  land,  certain,  use  for  parking  purposes,  by     . 

Woods  Hole  Sewerage  System,  land  owners  served  by,  vote 

relative  to,  by,  ratified  and  confirmed    .... 

Framingham,  land,  certain,  conveyance  of  by  armory  commis- 
sion, to         .......  . 

conveyance  of  by  commissioner  of  public  safety,  to 
Gosnold,  Pocasset  Sanatorium,  contributions  to,  exemption 
from,  for     ......... 

Greenfield,  Log  Plain  Road  Bridge,  repair  or  construction  of, 
use  of  certain  funds  for  ...... 

public  schools,  in,  questions,   certain,  pertaining  to,  sub- 
mission of  voters,  of,  by,  authorized       .... 

Groveland,  regional  school  district,  acts  and  proceedings  for 
formation  of,  by,  validated  .  .  .  . 

Hanson,  ponds  or  lakes,  in,  control  of,  by,  relative  to     . 
Harwich,  public  amusements  or  entertainments,  advertising 

for,  appropriations  for  purposes  of,  by,  relative  to  . 
Hingham,  sewer  system,  of,  relative  to  .... 

Hopkinton,  chief  of  police,  office  of,  present  incumbent  of,  life 
tenure  for,  providing  for        ...... 

Hudson,  borrowing  of  money  for  electric  purposes,  by    . 
Hull,  Straits  pond,  control  of  insect  Ufe  in,  appropriations  for 

purposes  of,  by,  authorized  ......     557 

Huntington,  Norwich  Lake,  public  access  to,  establishment  of, 

in,  providing  for  .......     254  1-6 


219 

363 

1,  2 

42 

1.  2 

22 

1,  2 

64 

1-3 

12 

1.2 

330 
562 

1-4 
1.2 

589 
9 

1-9 
1.2 

55 

1-3 

446 
451 

1.2 

199 

1.2 

17 

1.2 

161 

1.2 

31 
103 

1.2 
l-« 

192 
454 

1-3 
1-3 

75 
19 

1,2 
1.2 

1224  Index. 

Chap.  Section. 

CITIES  AND  TOWNS  —  Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 
Lakeville,  water  supply  for  certain  inhabitants,  of,  providing 

for .  .  .  .459 

Lee,  police  force,  civil  service  examination  for  appointment  to, 
providing  for       ........ 

Leicester,  Mount  Pleasant  Sewer  District,  establishment  of,  in 

Mount  Pleasant  Water  District,  establishment  of,  in 

Lexington,  annual  town  meeting,  adjourned  session  of,  held  in 

current  year,  acts  and  proceedings,  at,  validated 

Burlington  Water  District,  sale  of  water  to,  by,  authorized 

Longmeadow,  Greenwood  Park,  conveyance  of  portion  of  in 

exchange  for  certain  other  land,  by         ...  . 

sewage  treatment  works,  construction  of,  incurring  of  in- 
debtedness for,  by,  authorized       ..... 

Ludlow,  Chapin  Pond,  right  of  way  for  public  access  to,  estab- 
lishment of,  in     . 
park  land,  certain,  use  for  school  purposes,  by   . 
Prokop,  Edwin,  made  eligible  for  appointment  as  police 
officer,  in    ........  . 

Lynnfield,  land,  certain,  of  commonwealth,  conveyance  of,  to 

Manchester,  bridge,  certain,  in,  designated  as  Frank  B.  Amaral 

Memorial  Bridge         ...... 

designated  as  Richard  E.  Bailey  Memorial  Bridge    . 
Marshfield,  land,  certain,  used  for  cemetery  purposes,  sale  of, 

by 

municipal  advertising  purposes,  appropriations  for,  by,  rela- 
tive to         ........  . 

Maynard,  park  land,  certain,  use  for  right  of  way,  by,  author- 
ized  .  .  .  .  .  .  .  .  . 

Merrimac,  regional  school  district,  acts  and  proceedings  rela- 
tive to  formation  of,  by,  validated  .... 

Methuen,  Mystic  Pond,  in,  draining  and  filling  of,  investiga- 
tion and  study  by  state  department  of  public  works  rela- 
tive to        ......  .       Resolve 

Middlefield,  state  forest,  in,  reconstruction  of  dam  in,  provid- 
ing for        .  .  .  .  .  .  .       Resolve 

Middleton,  chief  of  police,  office  of,  tenure  of,  relative  to        . 
Milford,    Charles   river   and   Louisa   lake,    in,   improvement 
of,  study  by  metropolitan  district  commission  relative 
to       .......  .        Resolve     143 

fire  department,  permanent  members  of,  fifty-six  hour  work 

week  for,  providing  for  .  .  .  .  .  .35  1,2 

veterans'  agent  and  director  of  veterans'  services,  office  of, 
placing  under  civil  service  laws,  by,  providing  for   . 
Millis,  Sonnabend,  A.  M.,  payment  of  sum  of  money  to,  by    . 
Milton,  incinerator,  certain,  to  be' constructed  in,  provisions  of 

law  providing  for,  repealed  .  .  . 

Montague,  Escott,  Harry  L.,  retirement  rights  of,  powers  and 

duties  as  to 
Mount  Washington,  school  committee,  of,  powers  of 
Nahant,  utility  corporations,  certain,  lines,  poles,  and  equip- 
ment of,  validation  of  locations  of,  by,  providing  for 
Nantucket,  Historic  District  Commission,  establishment  of,  in 
Needham,  selectmen,  board  of,  transfer  of  certain  powers  from, 

providing  for       .  .  .  .  .  .  .  .21  1-3 

special  commission  to  study  future  use  of  Brookline-Newton 

water  lands,  designation  of  one  member  to,  by       Resolve       38 
town  meeting  members,  election  and  terms  of  office  of,  in, 
.     relative  to  .  .  ....  .  .  .74  1-5 

water  supply,  fluoridation  of,  submission  to  voters  of  ques- 
tion relative  to    .  .  .  .  .  .  .  . 

North  Andover,  sewers,  betterment  assessments  for,  by 
Northborough,  chief  of  police,  office  of,  tenure  of,  relative  to 
Norton,  Holmes,  Lester  H.,  employee,  of,  retirement  benefits 

of 

Lake  Winneconnet,  in,  management  by  state  division  of 
fisheries  and  game,  of,  providing  for       .... 

Oak  Bluffs,  boundary  line,  certain,  of,  re-establishment  of 
Bridge,  Harold,  payment  of  sum  of  money  to,  by 
Cambra,  Herbert,  police  chief  of,  civil  service  status  of, 
relative  to  ........ 

Palmer,  conveyance  of  land  to  Romauld  Renard  Post  474, 

AMVETS,  by 114 


673 
671 
664 

1,  2 
1-15 
1-14 

228 
511 

1.  2 
1,2 

512 

1,  2 

178 

1-12 

252 
182 

1-5 
1,  2 

724 
520 

1.  2 
1,  2 

388 
389 

1.  2 
1,  2 

659 

1-3 

72 

1-3 

308 

1,  2 

31 

1,  2 

105 

59 
129 

1,  2 

32 
391 

1.  2 
1,  2 

773 

1,  2 

690 
323 

1.  2 

215 
601 

1,2 
1-14 

408 
712 
377 

1,  2 
1,  2 
1,2 

355 

1,2 

482 
416 
230 

1,2 
1,  2 
1-3 

70 

1,  2 

114 

1-3 

397 
139 

1-4 
1-3 

605 

1,  2 

273 
410 

1-17 
1-10 

586 

1.  2 

215 
369 

1.  2 
1.  2 

Index.  1225 

Chap.  Se«tion. 

CITIES  AND  TOWNS  —  Continued. 

special  provisions  relative  to  particular  towns  —  Continued. 
Pembroke,  Sachem  Lodge  Cemetery  Association,  property  of, 

transfer  of,  to      .  .  .  .  .  .  .  .23  1-5 

Pepperell,  chief  of  police,  tenure  of  office  of,  in,  relative  to      .       76  1-3 

Phillipston,  land,  certain,  in,  acquisition  by  division  of  fisheries 

and  game  of,  approval  by  selectmen  of  ...     356  1,  2 

Plymouth,  state  convention  of  American  Legion,  holding  of, 

in,  appropriation  of  money  for  purposes  of,  by,  authorized     750  1,  2 

Torrance,  Ralph,  payment  for  services  as  veterans'  services 
director,  of,  by    .  .  .  .  .  .  .  .     101 

Provincetown,  Beach  Point  Fire  Hydrant  District,  contracts 

with,  by,  authorized     .......     615  4 

landing  monument,  in,  relocation  of  by  state  department  of 
public  works,  relative  to        .....  . 

municipal  wharf  purposes,  borrowing  of  money  for,  by 
Randolph,  annual  town  meeting,  action,  certain,  taken  at, 
validated    ......... 

sewerage  and  sewage  disposal,  system  of,  construction  and 

operation  of,  by 
south  metropolitan  sewerage  district,  addition  to,  of  . 
Richmond,  Richmond  Pond,  in,  drawing  of  water  from,  regu- 
lation of      ........  . 

Saugus,  utility  corporations,  certain,  lines,  poles,  and  equip- 
ment of,  validation  of  locations  of,  by,  providing  for 
Scituate,  Lopes,  Antonio  C,  payment  of  sum  of  money  to,  by 
Musquashiat  Pond,  control  of  insect  life  on,  appropriations 

for,  by 423 

Sharon,  park  land,  certain,  use  for  school  purposes,  by,  au- 
thorized     .........        13  1,  2 

Shrewsbury,  electric  light  department,  manager  of,  exemption 

from  civil  service  rules,  for   ......       69  1-3 

town  manager,  powers  of,  relative  to  .  .  .  .69  2,  3 

Southampton,  highways,  certain,  in,  improvement  and  surfac- 
ing of,  by  city  of  Holyoke     ......     528 

Southbridge,  sewage  treatment  plant,  reconstruction  of,  funds 

for  purposes  of,  providing  for         .....     779 

South  Hadley,  Fire  District  Number  One,  adjacent  territory 

to,  annexation  of,  by  .  .  .  .  .  .41  1,  2 

Buttery  Brook  reservoir,  abandonment  as  public  water 
supply,  of,  by  ....... 

Stoughton,  public  health  center,  establishment  of,  in 
Swampscott,    representative    town    meetings,    votes,    certain, 
passed  at,  change  in  law  relative  to,  providing  for  . 
utility  corporations,  certain,  lines,  poles  and  equipment  of, 

validations  of  locations  of,  bj',  providing  for  . 
water  and  sewer  departments,  employees  of,  civil  service  laws 
made  applicable  to        ......  . 

Swansea,  post  office,   borrowing  of  money  for  purposes  of, 
leasing  of,  by,  relative  to       .....  . 

Tewksbury,  Saint  Francis  Seraphic  Seminary,  payment  of  sum 
of  money  to,  by,  authorized  ..... 

swamp  lands,  in,  reclamation  of,  investigation  and  study  by 
state  department  of  public  works  relative  to  .        Resolve 
Tisbury,  boundary  line,  certain,  of,  re-establishment  of . 
Tolland,  licenses  for  sale  of  alcoholic  beverages,  in,  question  of, 

vote  at  special  town  meeting,  on,  authorized 
Townsend,  chief  of  police,  office  of,  incumbent  of,  tenure  for  . 
Truro,  Beach  Point  Fire  Hydrant  District,  establishment  of,  in 

Pilgrim  Spring,  in,  establishment  of  state  park,  at 
Upton,  Grand  Army  Hall,  demolition  of,  submission  to  voters  of 
question  relative  to       ......  . 

Wakefield,  public  works,  board  of,  membership  of,  increase  m 
Watertown,  Galen  Street  bridge,  improvements  to,  providing  for 
LeConti,  Anthony,  payment  of  sum  of  money  to,  by 
Watertown  Firefighters  Relief  Association,  Inc.  death  bene- 
fits for  firefighters,  of   .  .  .  .  .  .  .     286 

Watertown  square,  relief  of  traffic  congestion  at,  construc- 
tion by  metropolitan  district  commission  for  purposes  of, 
authorized  ........     689 

Wellesley,  annual  town  meeting,  adjourned  session  of,  acts 

and  proceedings  at,  validated         .....     375  1,  2 

land,  certain,  taken  for  playground  purposes,  reconveyance 

of,  by 181  1,  2 


83 

714 

1.  2 
1-10 

82 

1-3 

215 

1.  2 

153 

1.  2 

535 

1-4 

73 

1.  2 

102 
416 

1,  2 

270 

78 

615 

523 

1-4 
1-3 
1-6 

1-4 

10 

7 

713 

79 

1.  2 
1-3 

1,  2 

440 
86 

1.  2 
1-4 

31 

1,  2 

583 

1-5 

281 

1,  2 

380 

1-15 

300 
179 

1,  2 
1-4 

253 

51 

648 

1-5 
1.  2 
1.2 

200 

1,2 

398 

1-3 

14 

1,2 

64 

1-3 

1226  Index. 

Chap.  Section. 

CITIES  AND  TOWNS  —  Concluded. 

special  provisions  relative  to  particular  towns  —  Concluded. 
West  Boylston,  bridge,  certain,  in,  care,  control  and  mainte- 
nance of,  transferred  to  state  department  of  public  works      299  1-3 
Westminster,  fire  station,  erection  and  equipping  of,  action 
relative  to,  by,  validated       ...... 

water  bonds,  of,  relative  to       .....  . 

West  Newbury,  regional  school  district,  formation  of,  acts  and 

proceedings  in  connection  with,  by,  validated 
Westport,  Horseneck  Beach,  recreational  facilities  at,  provid- 
ing for         ......... 

West  Springfield,  land,  certain,  conveyance  of,  by  common- 
wealth, to  .  .  .  .  .  .  .  . 

Westwood,  sewers  and  drains,  system  of,  construction  and 
operation  of,  by,  authorized  ...... 

Weymouth,  DuVal,  Mabel  E.,  payment  of  member  svu-vivor 
benefits  to,  by  retirement  board  of  .  .  .  . 

park  land,  certain,  use  for  school  purposes,  by,  authorized  . 

Wilbraham,  Nine  Mile  Pond,  public  access  to,  establishment 

of,  in  .  .  .  .  .  .  .  .  . 

park  land,  certain,  use  for  highway  purposes,  by,  authorized 
Williamstown,  acts,  certain,  of,  validated      .... 

Wilmington,  athletic  field,  borrowing  of  money  for,  time  for, 
extended     ......... 

bond,  issue,  certain,  use  of  surplus  proceeds  for  school  pur- 
poses, by    ........  .     398 

Yarmouth,  public  amusements,  appropriations  for,  by,  increase 
in  amount  of        .......  . 

regional  school  district,  certain  proceedings  relative  to  or- 
ganization of,  by,  validated  ..... 

CITY   AND    TOWN    CLERKS: 

in  general,  adoptions,  correction  of  records  of  birth  to  conform 

with  certificates  of  adoption,  powers  and  duties  as  to       .     107  3,  4 

closing  out  sales,  bonds  given  in  connection  with,  powers  and 

duties  as  to  .  .  .  .  .  .  .  .     217 

fishing  licenses,  issuance  of  to  aliens,  by        ...  .     292 

physicians  and  undertakers,  reports  of  births  and  deaths,  by, 

payment  of  fee  to,  by,  abolished    .  .  .  .  .92  1,2 

sporting,  hunting,  fishing  or  trapping  licenses,  applicants  for, 

personal  appearance  requirement  for,  abolished        .  .     209 

town  clerks,  town  ofiicers,  certain,  oath  of  ofiice  of,  powers  and 

duties  as  to  .  .  .  .  .  .  .  .     123 

two  platoon  system,  so  called,  filing  of  petitions  for  adoption 

of  in  town  fire  departments,  powers  and  duties  as  to         .     150 
CITY   AND   TOWN   TREASURERS: 

borrowing  of  money,  under  act  creating  Emergency  Finance 

Board,  powers  and  duties  as  to      .  .  .  .  .     262  1,  2 

CITY   COUNCILS: 

ordinances,  salary  and  wage  increases,  for,  consideration  of,  by, 

relative  to  ........     358 

Civil  actions  (see  Actions,  civil;   Practice  in  civil  actions). 

Civil  defense  program,  personnel,  certain,  use  of  in  connection  with 

labor  dispute,  prohibited       .  .  ...  .     241 

reports,  certain,  to  be  filed  by  political  subdivisions  in  connec- 
tion with,  relative  to    .  .  .  .  .  .  .25 

volunteer  workers,  certain,  indemnification  for  property  damage, 

personal  injuries  and  death  sustained  by         .  .  .     607  1,  2 

CIVIL  SERVICE  AND  REGISTRATION,  DEPARTMENT  OF: 
civil  service,  division  of,  in  general,  seniority  dates,  employees, 

of,  computation  of,  further  regulation  of  .  .  .       40 

commission,   decisions,    certain,   of,  review  of  by  municipal 
court  of  the  city  of  Boston,  providing  for        .  .  . 

members  of,  salaries  of,  increased      ..... 

director,  civil  service  classes  and  grades,  appointments,  pro- 
motions, etc.,  powers  and  duties  as  to    . 
eligible  lists,  powers  and  duties  as  to 
Lee,  town  of,  police  force  of,  civil  service  examination  for 

applicants  for,  holding  of ,  by         . 
salary  of,  increased  ....... 

registration,  division  of,  architects,  board  of  registration  of, 
members  of,  salaries  of,  increased  .... 

barbers,  board  of  registration  of,  salaries  of,  increased    . 
chiropody  (podiatry),  board  of  registration  in,  applicants  for 

registration,  qualification  of,  relative  to  .  .  .     676  1-3 


407 
730 

1-3 
10 

643 
571 

9,  10 

673 
730 

1,  2 
9 

730 
730 

21 
19 

526 

730 

12 

758 

493 

1-3 

730 

15 

730 

14 

Index.  1227 

Chap.  Section. 

CIVIL  SERYICE  AND  REGISTRATION,  DEPARTMENT  OP 

—  Concluded. 
registration,  division  of  —  Concluded. 

members  of,  salaries  of,  increased      .....     730  13 

dental  examiners,  board  of,  members  of,  salaries  of,  increased     730  17 

director,  salary  of,  increased         ......     730  1 1 

dispensing  opticians,  board  of  registration  of,  establishment 

of 688  1-4 

electricians,  state  examiners  of,  salaries  of,  increased      .  .     730  18 

hairdressers,  board  of  registration  of,  demonstrators,  notifica- 
tion of  examination  dates,  to,  by,  repeal  of  provisions  of 
law  providing  for  .  .  .  .  .  .  .193 

hairdressers,   operators  and  manicurists,   registered  under 
other  state  laws,  registration  of,  by        .  .  .  .     333 

inspectors  or  investigators  of,  engaging  in  hairdressing  busi- 
ness, by,  prohibited      .......     154 

members  of,  salaries  of,  increased      .....     730  20 

renewal  of  registrations  of  certain  persons,  by,  powers  and  ("434 
duties  as  to  .  .  .  .  .  .  .  .  \  435 

medicine,  board  of  registration  in,  approving  authority  of, 
membership  of,  increased  for  certain  purposes,  powers 
and  duties  of       .......  .     759  1,  2 

foreign  medical  schools,  graduates  of,  examination  and  regis- 
tration of ,  by      .  .  .  .  .  .  .  .     622 

hospital  medical  officers,  limited  registration  of,  by,  relative 

to       .  . 

members  of,  salaries  of,  increased      ..... 

physical  therapists,  registration  of  certain  persons  as,  by   . 
re-registration  of,  publication  of  lists  of,  by    . 
nursing,   board   of  registration   in,   approving   authority   of, 
members  of,  salaries  of,  increased  .... 

members  of,  salaries  of,  increased      ..... 

optometry,  board  of  registration  in,  members  of,  salaries  of, 

increased    .........     730  16 

pharmacy,  board  of  registration  in,  pharmacists,  renewal  fee 

of  appHcants  for  registration  as,  relative  to     .  .  .     429 

registered    assistant    pharmacists,    certain,    registration   as 
pharmacists,  of,  by       .  .  .  .  .  .  .     634 

plumbers,  state  examiners  of,  range  boilers,  manufacturers  of, 

safety  requirements  for,  powers  and  duties  as  to      .  .     612  1 

professional  engineers  and  land  surveyors,  board  of  registra- 
tion of,  membership  of,  increased  ....     646 

CIVIL  SERVICE  LAWS: 

Acton,  police  officers,  certain,  in,  placing  under  ...       45  1,  2 

eligible  lists,  change  in  law  relative  to      .  .  .  .  .     571 

labor  and  industries,  department  of,  division  of  industrial  acci- 
dents, employee,  certain,  of,    placing   under,    providing 

for 784  Item  1651-02 

mental  health,  department  of,  supervisor  of  laundry  service,  in, 

placed  under 784  Item  1701-02 

metropolitan  district  commission,  employee,  certain,  of,  placed 

under 784  Item  2931-06 

Milford,  veterans'  agent  and  director  of  veterans'  services,  office 

of,  in,  placing  under     .......       32  1,  2 

natural  resources,  department  of,  employees,  certain,  of,  placed 

under  .........     575  1-4 

Oak  Bluffs,  Herbert  Cambra,  chief  of  police  of,  status  of,  under       70  1,  2 

Pepperell,  chief  of  police,  present  incumbent  of  office  of,  placing 

under 76  1-3 

pubUc  welfare,  department  of,  position,  certain,  in,  placing  under, 

providing  for 784  Item  1901-03 

Revere  Youth  Commission,  present  director  of,  placing  under    .77  1,2 

Salem,  superintendent  of  central  motor  equipment  division,  office 

of,  placed  imder  .......       94  1,  2 

seniority  dates,  of  employees  under,  computation  of,  further  regu- 
lation of     .  .  .  .  .  .  .  .  .40 

Swampscott,  water  and  sewer  departments  of,  employees  of, 

placing  under      ........     153  1,  2 

Townsend,  chief  of  pohce,  present  incumbent  of  office  of,  placing 

under 78  1-3 

Clarksbvirg,  town  of  (see  Cities  and  towns). 

Clark  School  for  the  Deaf,  holding  of  additional  real  and  personal 

estate,  by  ........  .     261 

Clerks,  city  and  town  (see  Cities  and  towns  clerks). 


1228  Index. 

Chap.  Section. 

CLERKS  OP  COURTS: 

district  courts,  of  (see  District  courts). 

parking  violations,  non-criminal  disposition  of,  powers  and  duties 

as  to  .  .  .  .  .  .  .  .  .386  1,  2 

superior  court  of,  (see  Supreme  judicial  and  superior  courts). 
Clinton,  sewage  disposal  works,  reconstruction  of,  additional  funds 

for 541  1-3 

town  of  (see  Cities  and  towns). 
Closing  out  sales,  bonds  given  in  connection  with,  disposition  of, 

relative  to  ........     217 

Coastal  waters  (see  Waters  and  waterways). 
Cohasset,  town  of  (see  Cities  and  towns). 
COLLECTORS  OF  TAXES: 

poll  taxes,  collection  of  after  assessment,  powers  and  duties  as  to     474  1,  2 

COLLEGES  AND  UNIVERSITIES: 

funds,  solicitation  of,  exemption  from  certain  provisions  of  law 

relative  to,  for     .  .  .  .  .  .  .  .     498 

Northeastern  University,  amount  of  property  to  be  held  by,  in- 
crease of     ........  .     134 

State  Teachers'  Colleges,  special  commission  to  investigate  and 

study,  further  revived  and  continued     .  .        Resolve       39 

trailer  coach  parks,  laws  regulating,  exemption  from,  for   .  .     623 

University  of  Massachusetts,  trustees  of,  leasing  of  certain  state 

land,  by      .  .  .  .  .  .  ...     442  2 

natiu-al  resources,  study,  certain,  relative  to,  by,  jointly  with 

department  of  natural  resovirces    .....     439 

Wellesley  College,  holding  of  additional  real  and  personal  estate, 

by,  authorized     ........     246 

See  also  Schools. 


Columbus  Day,  so  called,  observance  of,  further  regulated 


/   99  1,2 

\342 


COMMERCE,  DEPARTMENT  OF: 

in  general,  Lawrence,  city  of,  investigation  and  study  relative 

to  economic  conditions  in,  by         .  .  .        Resolve     127 

Neponset  river,  lands  adjacent  to,  draining  of,  study  relative 

to,  further  continued    .....        Resolve       56 

regional  planning   districts,   establishment  of  by   cities  and  ( 374 

towns,  approval  by      .  .  .  .    _      .  .  .  \  656  1-3 

tourist  routes,  establishment  of  system  of,  by,  jointly  with  de- 
partment of  public  works  and  department  of  natural  re- 
sources      .......       Resolve     110 

commissioner,  salary  of,  increased         .....     730  37 

division  of  planning,  Massachusetts  Bay  Circuit,  so  called, 
plans  and  proposals  for,  investigation  and  study  relative 
to,  as  part  of  joint  board,  by,  further  continued       Resolve       41 
Commercial  code,  uniform,  (see  Uniform  Commercial  code). 
COMMISSIONS,  STATE: 

in   general    (see   Commonwealth,    departments,    commissions, 

etc.,  of;  also  specific  titles  of  state  commissions). 
special: 

atomic  plants,  procurement  of,  within  commonwealth,  to  in- 
vestigate and  study        ....        Resolve       88 

scope  of,  increased    .....       Resolve     139 

Blackstone     River,     improvement    of    portions    of,     study 

of       .......  .       Resolve       72 

blind  persons,  certain  matters  pertaining  to,  to  investigate  and 

study  .......       Resolve      22 

scope  of,  increased    .....       Resolve     108 

boulevards,  metropoUtan  district  commission  controlled,  prop- 
erties abutting  on,  to  investigate  and  study,  revived  and 
continued  .......        Resolve       42 

BrookUne-Newton  water  lands,  futiu-e  use  of,  to  investigate  and 

study  .......       Resolve      38 

child  delinquency,  prevention  of,  rehabilitation  of,  etc.,  to 

investigate  and  study,  revived  and  continued       Resolve       50 
city  budgets,  laws  relative  to,  to  investigate  and  study,  re- 
vived and  continued    .....       Resolve      31 

commonwealth,   industrial  and  economical  development  of, 
certain  propesed  legislation  relative  to,  to  investigate  and 
study  .......       Resolve       96 

commimism,  subversive  activities,  to  investigate  and  study, 

revived  and  continued  ....        Resolve       52 

scope  of,  increased    .....       Resolve     129 


Index. 


COMMISSIONS,  STATE  —  Continued. 
special  —  Continued. 

constitution  of  commonwealth,  one  hundred  and  seventy-fifth 
anniversary  of  adoption  of,  to  arrange  appropriate  ex- 
ercises to  commemorate        ....       Resolve 


Chap. 


crime  commission,  so  called,  further  continued 


Resolves 


76 
9 
147 


East  Boston,  vehicular  crossing  from  Boston  proper,  to,  to 
investigate  and  study  .....        Resolve 

electrical  and  telephone  service,  problems  relative  to,  to  in- 
vestigate and  study      .  .  .  .  .        Resolve 

equaUzation  and  apportionment,   commission  on,  establish- 
ment of        .....         .       Resolve 

scope  of,  increased    .....       Resolve 

fire  insurance  policies,  provisions,  certain,  relative  to,  to  in- 
vestigate and  study      .  .  .  .  .       Resolve 

fisca  Isurvey  commission,  revived  and  continued    .        Resolve 

flood  control,  measures  for,  to  investigate  and  study       Resolve 

government,  state  and  local  relationships  in,  to  investigate 
and  study  .  .  .  .  .  .  .       Resolve 

health  and  welfare  trust  funds,  administration  and  regulation 
of,  need  for,  to  investigate  and  study     .  .        Resolve 

hunting  and  fishing,  and  certain  related  matters,  to  investigate 
and  study  .  .  .  .  .  .  .       Resolve 

industrial  homework,  laws  relative  to,  to  study  and  revise,  re- 
vived and  continued    .....      Resolves 

Massachusetts  Port  Authority,  creation  of,  to  investigate  and 
study  .  .  .  .  .         .         .       Resolve 

medical  and  dental  school,  state,  establishment  of,  to  investi- 
gate and  study,  revived  and  continued  .  .        Resolve 

mental  persons,  commitment,  care,  treatment  and  discharge  of ,  f 

to  investigate  and  study,  further  continued   .      Resolves  \  109 

mihtia  laws  and  veterans  laws,  to  investigate  and  study         .     133 

New  England  Board  of  Education,  establishment  of,  to  in- 
vestigate and  study      .....        Resolve 

Ninth  Regiment  of  Infantry,  Massachusetts  Volunteers,  mural 
in  commemoration  of,  to  investigate  and  study     Resolve 

Plymouth  and  Bristol,  counties  of,  ground  water  supplies,  in, 
to  investigate  and  study,  revived  and  continued   Resolve 

publications,  certain,  relationship  with  juvenile  delinquency, 
to  investigate  and  study        ....        Resolve 

railroad  yards,  proper  clearance  of  tracks  in,  to  investigate  and 
study,  revived  and  continued         .  .  .       Resolve 

retarded  children,  training  facilities  for,  to  investigate  and 
study,  revived  and  continued;  membership  of,  in- 
creased      .......      Resolves 

retirement  and  pensions,  certain  matters  relating  to,  to  in- 
vestigate and  study      .....       Resolve 

Southeastern  Massachusetts  Water  District,  establishment  of, 
feasibility  of,  to  investigate  and  study,  scope  of,  in- 
creased      .  .  .  .  .  .  .       Resolve 

state  board  of  retirement,  to  investigate  and  study  Resolve 
revived  and  continued  ....       Resolve 

state  office  building  commission,  revived  and  continued  Resolve 

state  officers  and  employees,  certain,  advancement  in  grade 
and  salary  rates  for,  to  investigate  and  study       Resolve 

state  teachers'  colleges,  to  investigate  and  study,  further  re- 
vived and  continued    .....       Resolve 

Bteel  and  almninima  industries,  development  of,  to  investigate 
and  study,  revived  and  continued  .  .        Resolve 

steel  mills,  procmement  of  within  commonwealth,  to  investi- 
gate and  study      .....        Resolve 
scope  of,  increased    .....       Resolve 

taxation,  problems  of,  to  investigate  and  study,  further  con- 
tinued. ......      Resolves 


146 

113 

81 
100 

80 

21 

142 


107 

84 

98 

140 

146 

87 
35 


87 

70 

68 

137 

67 

51 
114 


128 


141 
53 

145 
94 

93 

39 

136 


scope  of,  increased 


Resolves 


television,  use  of  for  educational  purposes,  to  investigate  and 
study,  revived  and  continued        .         .         .       Resolve 


88 
139 

32 
134 

44 

64 
112 
117 
125 
131 

54 


1229 

Section 


1230 


Index. 


Chap. 
COMMISSIONS  STATE  —  Concluded. 
Special  —  Concluded. 

Tobin,    Maurice   J.,    statue   or   memorial   to   commemorate, 
erection  of,  to  investigate  and  study,  revived  and  con- 
tinued        .......        Resolve       46 

transit  companies,  local,  to  investigate  and  study         Resolve       77 
uniform  boat  regulations,  establishment  of,  to  investigate  and 

study  .......       Resolve       73 

uniform  commercial  code,  to  investigate  and  study,  revived 

and  further  continued  ....        Resolve       89 

Committees,  political  (see  Elections), 
school  (see  Schools). 

special,   correctional  system  of  commonwealth,  reorganization  1  ^qq 
of,  to  investigate  and  study;    continuation  of,  scope  of,  M32 
increased    .......      Resolves  J 

Common  carriers  (see  Carriers,  common). 
COMMONWEALTH: 

American  Defenders  of  Bataan  and  Corregidor,  Inc.,  national 
convention  of  in  city  of  Boston,  proper  representation  at, 
of      .......  .       Resolve      49 

American  Legion,  The,  state  convention  of,  proper  representa- 
tion at,  of  .  .  .  .  .  .  .       Resolve        7 

American  Veterans  of  World  War  II,  AMVETS,  state  conven- 
tion of,  proper  representation  at,  of,  providing  for     Resolve         3 
Army  and  Navy  Union,  U.  S.  A.,  state  convention  of,  proper 

representation  at,  of    .  .  .  .  .        Resolve       11 

bonds  of  (see  Treasurer,  State). 

capital  outlay  program,  for     .  .  .  .  .  .  .     738 

capital  outlay  projects,  state  department  requests  for,  relative  to     548 
constitution  of,  one  hundred  and  seventy-fifth  anniversary  of 
adoption  of,  appropriate  exercises  to  commemorate,  spe- 
cial commission  for  purposes  of,  establishment  of  Resolve       76 
correctional  system  of,  changes  in,  committee  to  investigate  and 
study  ...... 

scope  of,  increased  .... 


departments,    boards,    commissions,    institutions,   etc. 
propriations  for  maintenance,  etc.,  of     . 


emergency  expenditures,  certain,  under,  authorized 

quarters  outside  the  state  house,  leasing  of,  by,  further 

regulation  of      ......  .     317 

Disabled  American  Veterans,  Department  of  Massachusetts, 
Inc.,  state  convention  of,  proper  representation  at,  of, 
providing  for       .  .  .  .  .  .        Resolve         4 

Federal  Employees  Veterans  Association,  Inc.,  national  conven- 
tion in  city  of  Boston,  proper  representation  at,  of  Resolve       10 

55th  Artillery  A.  E.  F.  Veterans  Association,  national  conven- 
tion of,  proper  representation  at,  of        .  .        Resolve       58 

fiscal  practices  and  policies,  of,  special  commission  to  investigate 
and  study,  revived  and  continued  .  .       Resolve 

floods,  current  year  in,  programs  to  alleviate  damage  done  by   . 

Fort  Devens,  land,  certain,  in  vicinity  of,  acceptance  of  retroces- 
sion by  the  United  States  of  concurrent  jurisdiction  over    658 

Franco-American  War  Veterans,  Inc.,  national  convention  of, 

proper  representation  at,  of  .  .  .        Resolve       59 

hurricanes,  certain,  indebtedness  incurred  by  cities  and  towns 

because  of,  reimbursement  for,  by  .  .  .  .       46 

industrial  and  economical  development  of,  certain  proposed  legis- 
lation relative  to,  investigation  and  study  by  special  com- 
mission relative  to        ...  . 

institutions  of,  roads,  in,  maintenance  of,  relative  to 

interstate  compact  on  juveniles,  providing  for,  by     . 

land,  certain,  in  city  of  Boston,  acquisition  of,  by     . 

in  city  of  Worcester,  acqiiisition  of,  by 
granting  of  easement  in,  to  . 


Section. 


1-7 


Resolve 
Resolve 

106 
132 

[175 

1-3 

372 

1-10 

of,  ap- 

496 

1-4 

706 

1-15 

738 

1-7 

784 

1-11 

497 

1-3 

thorized 

620 

1,2 

668 

1,2 

1,  2 


21 

698 

1-5 

699 

1-7 

739 

1,2 

745 

779 

1,2 


1,  2 


lesolve   96 

.  397 

1.2 

.  687 

1-7 

(438 
•  \441 

1-3 

1,2 

.  460 

.  761 

1.2 

Index. 


COMMONWEALTH  —  Concluded. 
land,  certain  —  Concluded. 

owned  by,  conveyance  of,  by  commissioner  of  mental  health 
by  department  of  education 
to  Josephine  L.  Campbell 

to  Lawrence  W.  Foster  Post  No.  93,  Inc.,  The  Ameri 
can  Legion  ...... 

to  Salisbury  Water  Supply  Company 

to  town  of  Agawam  .... 

to  town  of  Barnstable        .... 

to  town  of  Belmont  .... 

to  town  of  Framingham    .... 

to  town  of  Lynnfield          .... 
to  town  of  West  Springfield 
to  United  States       ..... 
reimbursement  of  cities  and  towns  for  loss  of  taxes  on,  rela- 
tive to 467 

Marine  Corps  League,  state  convention  of,  proper  representation 

at,  of  .......        Resolve       34 

medical  service  corporations,  providing  medical  services  for,  by, 

relative  to  ........     186 

MetropoUtan  Transit  Authority,  deficiency,  certain,  of,  method 

of  assessing  amount  to  be  paid,  by  ...  .     229 

Military  Order  of  the  Purple  Heart,  national  convention  of, 
proper  representation  at,  of  .  .  .        Resolve 

natural  resources,  of,  further  development  of,  relative  to   . 
nurses,  temporary  employment  of  certain,  by  . 
officers  and  employees  of,  advancement  in  grade  and  maximum 
salary  rates  for,  investigation  and  study  by  special  com- 
mission relative  to        ....  .        Resolve 

constitutional  officers,  pension  rights  of,  restoration  of  . 
injured  employees,  payment  of  compensation  to,  regulation  of 
life,  accident,  hospitalization,  medical  and  surgical  insurance, 
for,  providing  for  ....... 

meals,  reiinbursement  for  expenses  for,  regulated  . 

military  or  naval  service,  in,  reinstatement  in  former  positions, 
of,  act  providing  for,  extension  of  .... 

motor  vehicles,  owned  by,  expenses  of,  allowances  for,  re- 
stricted      ......... 

officers,  statutory  salaries  of  certain,  revision  of     . 
personnel  system  for,  organization  and  administration  of,  rela- 
tive to         ........  . 

salary  schedules,  permanent,  appropriations  for     . 

temporary  positions,  certain,  made  permanent 
work  hours  of,  relative  to    . 

workmen's  compensation,  extension  of,  in  certain  cases,  to     . 
101st  Airborne  Division  Association,  national  convention  in  city 

of  Boston,  proper  representation  at,  of  .  .        Resolve       12 

personnel  system,  of,  organization  and  administration  of,  rela- 
tive to         ........  .     643 

public  works  contracts,  payments  due  upon  completion  of,  time 

for,  by 597 

Reserve  Officers  Association  of  the  United  States,  national  con- 
vention of,  in  city  of  Boston,  proper  representation  at,  of, 
providing  for       ......        Resolve         5 

Sixty-third  Division  Association,  national  convention  of,  proper 

representation  at,  of     .  .  .  .  .        Resolve       24 

Veterans  of  Foreign  Wars,  national  convention  of,  in  city  of 

Boston,  proper  representation  at,  of       .  .        Resolve         6 

state  convention  of,  proper  representation  at,  of    .        Resolve         8 
See  also  Massachusetts. 
Communism,  special  commission  to  investigate  and  study,  revived 

and  continued     ......        Resolve       52 

scope  of,  increased      ......        Resolve     129 

Companies,  banking  (see  Banks  and  banking), 
insurance  (see  Insurance), 
trust  (see  Banks  and  banking). 
See  also  Corporations. 


1231 

Chap. 

Section. 

health     159 

.     313 

.     621 

1,  2 

Ameri- 

.     644 

1-3 

.     533 

1-3 

.     588 

1,2 

.     556 

.     513 

1-4 

/446 
•  \451 

1,2 

.     520 

1,2 

.     281 

1,2 

.     347 

1-3 

1.2 


71 

471 

553 

93 

554 

1-3 

602 

628 

1-4 

r372 

4 

706 

4 

.784 

4 

767 

1,2 

f372 

6 

706 

5 

784 

5 

730 

1-43 

643 

1-12 

f372 

6 

]706 

6 

[784 

6 

546 

643 

6 

681 

1-12 


1232  Index. 

Chap.  Section. 

Compensation,  injured  employees  for  (see  Workmen's  Compen- 
sation) . 
unemployed  for  (see  Employment  security  law). 
Comptroller  (see  Administration  and  finance,  commission  on). 
Compulsory  motor  vehicle  liability  insurance  (see  Insurance; 

Motor  vehicles). 
Concord,  town  of  (see  Cities  and  towns). 
Conditional  sales  contracts,  personal  property,  of,  prepayment  of, 

providing  for       ........     455 

Congress,  representative  in,  nomination  papers  of,  number  of  signa- 
tures required  for  .......     249 

Conservators,  surety  bonds  of,  premiums  paid  for,  income  tax  de- 
ductions for         .......  .     527 

See  also  Fiduciaries. 
Constables,  towns  in,  term  of  office  of,  relative  to  ...       33 

CONSTITUTION    OF    COMMONWEALTH: 
See  Commonwealth. 

Contractors,  public  works  contracts,  imder,  sums  due  to,  payment  I  ^, 

of,  relative  to      .  .  .  .  .  .  .  .1  -^g  1_3 

Contracts,  conditional  sale,  certain,  prepayment  of,  providing  for    .     455 

public  works  projects,  (See  PubUc  works  projects). 
Conveyances,  (see  Real  estate). 
Conway,  Mary  E.,  payment  by  commonwealth  of  sum  of  money 

to      .......  .       Resolve       83 

of  city  of  North- 


547  1-3 

Resolve       78 


.     290 
authorized  .  .173 

.     338 

.     170 


Coolidge,  Calvin,  memorial  to  in  Forbes  Library 

ampton,  establishment  of 
Cooper,  Olive  A.,  payment  by  commonwealth  of  sum  of_money 

to 

Co-operative  banks  (See  Banks  and  banking). 
CORPORATIONS: 

in  general,  annual  returns,  filing  of,  by 
directors,  election  by  cumulative  voting,  of, 
fifing  fees,  of,  relative  to     . 
taxation  of  (see  Taxation), 
banking  (see  Banks  and  banking), 
charitable,  by  laws,  of,  relative  to  . 
churches  (see  Churches  and  religious  corporations), 
co-operative  banks  (see  Banks  and  banking), 
credit  unions  (see  Credit  unions), 
educational,  solicitation  of  funds,  for,  exemption  from  certain 

provisions  of  law,  for  .......     498 

electric  (see  Gas  and  electric  companies). 

fraternal  benefit  societies  (see  Fraternal  benefit  societies). 

gas  (see  Gas  and  electric  companies). 

hospital  service  corporations,  non-profit   (see  Hospital  service 

corporations,  non-profit), 
insurance  companies  (see  Insurance), 
medical  service  (see  Medical  service  corporations), 
railroads  (see  Railroads). 

religious  (see  Churches  and  religious  corporations), 
savings  banks  (see  Banks  and  banking), 
trust  companies  (see  Banks  and  banking), 
veterans,  of  (see  specific  title  of  organization), 
water  districts  (see  Districts,  water). 
special  provisions  relative  to  particular  corporations : 

American  Oriental  Society,  powers  of,  relative  to  .  .  .43  1-3 

American  Telephone  and  Telegraph  Company,  lines,  poles  and 

equipment,  certain,  of,  locations  of,  validated  .  .     215  1,  2 

Beach  Point  Fire  Hj^drant  District,  establishment  of      .  .     615  1-6 

Boston  and  Maine  Railroad,  bridge,  certain,  in  town  of  West 
Boylston,  care,  control  and  maintenance  of,  transferred  to 
state  department  of  public  works,  frona  .  .  .     299  1-3 

Boston  City  Hospital,  investment  of  certain  monies  received 

by,  relative  to     .  .  .  .  .  .  .  .39 

Brooldine  Police  Mutual  Aid  Association,  death  benefits,  cer- 
tain, of,  relative  to       .  .  .  .  .  .  .68 

Camp  Sea  Haven  for  Infantile  Paralysis,  Inc.,  construction  of 

road  from  Federal  Reservation,  to,  providing  for     . 
Carpet  Club  Associates,  Inc.,  powers  and  duties  of,  as  to 
Costanzo,  Joseph  Aurello  Club,  revival  of     . 
Furnace  Brook  Golf  Club,  Inc.,  payment  by  commonwealth 

of  sum  of  money  to      .  .  .  .  .       Resolve     124 


544 

1-3 

224 

1,2 

774 

1233 

bap. 

Section. 

eluded. 

392 
564 
746 

1-21 
1-20 

36 

1,2 

71 

1-5 

248 

104 

1.2 

215 

1.2 

37 

1.2 

215 

1,  2 

346 

1.2 

778 

1-3 

27 

1,  2 

Index. 


CORPORATIONS—  ConcZwded. 

special  provisions  relative  to  particular  corporations  —  Co^ 

Greater  Fall  River  Development  Corporation,  establishment 
of       .........  . 

Greater  Gardner  Development  Corporation,  incorporation  of 

Hadley  Special  Tool  Co.,  Inc.,  revival  of       ...  . 

Hebrew  Home  for  Aged,  sale  by  city  of  Boston  of  certain  park 
land,  to       ........  . 

Home  for  Aged  Women  in  the  city  of  Worcester,  holding  of 
additional  property  by,  increase  of  powers  of  trustees  of, 
authorized  ........ 

Isabella  Stewart  Gardner  Museum,  Incorporated,  holding  of 
additional  real  and  personal  estate,  by,  authorized 

Ludlow  Savings  Bank,  acquisition  of  additional  real  estate  for 
parking  purposes,  by,  authorized  ..... 

Lynn  Gas  and  Electric  Company,  lines,  poles,  and  equipment, 
certain,  of,  locations  of,  validated  .... 

Massachusetts  State  College  Building  Association  (see  Uni- 
versity of  Massachusetts  Building  Association). 

Museum  of  Fine  Arts,  holding  of  additional  real  and  personal 
estate,  by,  authorized  ....... 

New  England  Telephone  and  Telegraph  Company,  lines,  poles 
and  equipment,  certain  of,  locations  of,  validated    . 

New  Industrial  Plants  Foundation  of  Lowell,  Inc.,  investments 
by  savings  banks  in  participating  mortgage  loans,  of 

New  York,  New  Haven  and  Hartford  Railroad,  conveyance 
by  metropolitan  district  commission  of  certain  land,  to 

North  Shore  Children's  Friend  Society,  holding  of  additional 
real  and  personal  property,  by,  authorized 

Polish-American  Veterans  of  Massachusetts,  Inc.,  certain  laws 
affecting  veterans  and  their  organizations  made  applicable 
to 271  1,  2 

Professional  and  Business  Men's  Club,  Inc.,  The,  issuance  of 

all  alcoholic  license,  to,  providing  for      ....     376 

Proia   Construction   Company,    Inc.,    contract   with    city   of 

W'oburn  for  construction  of  certain  school,  by,  relative  to     783 

St.  Elizabeth's  Hospital,  holding  of  additional  real  and  per- 
sonal estate,  by,  authorized  .  .  .  .  .311  1,  2 

Sterling  Leather  Company,  Inc.,  temporarily  revived  for  cer- 
tain purposes       ........     301  1, 2 

Stoughton  Health  Center,  incorporation  of  .  .  .  .     714  1-10 

Sun  Valley  Beach,  Inc.,  payment  by  Bourne  Water  District  of 

sum  of  money  to  .......     447  1-3 

Supreme  Council  of  the  Royal  Arcanum,  funds,  certain,  of, 

consolidation  of,  by,  authorized     .....     232  1-3 

Trinity  Church  in  the  city  of  Boston,  holding  of  additional 

real  and  personal  estate,  by,  authorized  ...       30 

Watertown  Firefighters  Relief  Association,  Inc.,  death  bene- 
fits of,  relative  to        .  .  .  .  .  .  .     286 

Western  Union  Telegraph  Company,  lines,  poles,  and  equip- 
ment, certain,  of,  location  of,  validated  .  .  .215  1,  2 
CORPORATIONS    AND    TAXATION,    DEPARTMENT    OF: 
in  general,  fuels,  special,  sales  and  use  of,  taxation  of,  study 
relative  to,  by     .          .          .                    .          .        Resolve 

taxation  laws,  certain,  corrective  changes  in,  as  affecting 

tax  return  form,  simplified,  powers  and  duties  as  to 
commissioner,  accounting  methods  of  taxpayers,  changes  in, 
approval  of,  by   .  .  .  .  .  .  . 

assessors'  valuation  books,  filing  of  every  five  years,  with 

church  or  cemetery  corporations,  evidence  of  incorporation  of, 
filing  of,  with,  powers  and  duties  as  to  . 

corporate  taxes,  assessment  of,  time  of  making  of,  by     . 

documentary  excise  stamp,  sale  of  by  metering  machines, 
powers  and  duties  as  to         .  .  .  . 

equalization  and  apportionment,  special  commission  on,  mem- 
bership on,  of      .....  .       Resolve      81 

gypsy  moth,  cost  to  cities  and  towns  for  suppression  of,  three 

annual  payments  for,  powers  and  duties  as  to  .  .     479 

income  taxes,  persons  evading  payment  of,  powers  and  duties 

of,  as  to      .  .  . 539  1,  2 

income  tax  returns,  contents  of,  disclosure  of,  powers  and 

duties  as  to  .  .  .  .  .  .  .     661 

non-residents,  income  earned  in  commonwealth  by,  taxation 

of,  powers  and  duties  as  to  .         .  .  .         .         .     780  1-10 


119 
611 
692 

1-8 
1,2 

618 
245 

1.2 

490 
549 

1-3 

651 

1.  2 

1234  Index. 

Chap.  I  Section. 

CORPORATIONS  AND  TAXATION,  DEPARTMENT  OF  — 

Concluded. 
state  tax  commission,  assessment  systems,  cities  and  towns 

for,  powers  and  duties  as  to  .  .  .  .  .     649 

excise  tax,  reimbursement  to  certain  persons  suffering  flood 

damage,  of,  powers  and  duties  as  to       .  .  .  .     745 

federal  net  income  of  corporations,  assessment  and  abatement 

of  taxes  after  final  determination  of,  by  .  .  .     613 

income  taxes,  abatement  of,  powers  and  duties  as  to      .  .     545 

state  land,  certain,  under  care  and  control  of  department  of 
natural  resources  and  division  of  public  beaches,  reim- 
bursement of  cities  and  towns  for  losses  of  taxes  on,  powers 
and  duties  as  to  .  .  .  .  .  .  .     467 

telephone  and  telegraph  companies,  taxation  of  certain  prop- 
erty of,  powers  and  duties  as  to     .  .  .  .  .     344  1-3 

divisions  of: 

accounts,  director,  civil  defense  programs,  expenditures  in- 
curred under,  reports  of,  filing  of,  with  .  .  .  .       25 

local  finances,  bureau  of  accounts,  director,  county  appropria- 
tion schedules,  powers  and  duties  as  to   .  .  .     765  2 
power  and  duties  of,  relative  to           .          .          .          .     143 

Correctional  system,  commonwealth  of,  investigation  and  study  ( 106 
by  special  committee  relative  to    .  .  .      Resolves  \  132 

CORRECTION,    DEPARTMENT    OF: 

laws  relative  to,  changes,  certain,  in         .  .  ...     770  1-123 

salary  schedules  of,  equalization  and  adjustment  of,  investiga- 
tion   and    study    by    joint    special    committee    relative 
to       .......  •        Resolve     132 

Corrupt  practices  (see  Elections). 

Costanzo,  Joseph  Aurelio  Club,  revival  of  ....     774 

Costello,  John  E.,  payment  by  commonwealth  of  sum  of  money 
to      .......         .       Resolve 

Council  for  the  aging,  act  relative  to  ..... 

COUNTIES: 

appropriations  for  maintenance,  etc.,  certain,  of        .  .  . 

betterment  assessments,  liens  for,  duration  of,  relative  to 

civil  defense  program,  reports,  certain,  to  be  filed  in  connection 

with,  by,  relative  to     .  .  .         _.     _     . 

hospitals,  employees  of,  motor  vehicle  indemnity  insurance  for  . 
jurors,  compensation  of,  by,  increased      ..... 

motor  vehicles  liability  insurance,  employees  for,  amount  to  be 
provided  for  purposes  of,  increased         .... 

officers  and  employees  of,  discharge  of  certain,  relative  to 

group  life,  accident,  hospitalization,  medical  and  surgical  in- 
surance, for,  providing  for    ...... 

meals,  reimbursement  for  expenses  for  .  .  .  . 

military  or  naval  service,  in,  reinstatement  in  former  positions, 
of,  act  providing  for,  extension  of  .... 

motor  vehicles  owned  by,  expenses  for,  allowance  for 
public  works  contracts,  payments  due  upon  completion  of,  time 

for,  by 597 

public  works  projects,  time  limit  for  incurring  debt  to  secure 

benefits  of  federal  assistance,  in,  extension  of  .  ,     284 

retirement  systems  of  (see  Retirement  systems  and  pensions). 
COUNTY   COMMISSIONERS: 

in  general,  employees,  motor  vehicle  indemnity  insurance  for, 

amount  of  to  be  furnished,  by,  increase  of       .        _.  .     316  1,2 

Barnstable,    seawalls    and    shore    protection,    construction    of, 

powers  and  duties  as  to  .  .  .  .  .  .     126 

Berkshire,  district  court  of  Northern  Berkshire,  adequate  ac- 
commodations for,  providing  for,  by       .  .  .  .212  1,  3 

Goodrich  Pond,  public  access  to,  establishment  of,  by    .  .     258  1-5 

Bristol,  police  training  school  establishment  and  conducting  of, 

by 140 

Dukes,  county  court  house,  construction  and  equipping  of  addi- 
tion to,  amount  to  be  expended  for,  by,  increased   .  .     267  1,  2 
Martha's  Vineyard,  program  of  public  nursing,  on,  establish- 
ment of ,  by          .          .          .          .          .      _    .          .          .402  1-8 
Essex,  Lawrence  superior  court  building,  installation  of  elevator 

in,  by  .  .  .  .  •  .  .  •        . •     287  1—3 

Franklin,  post  war  rehabilitation  fund,  use  of  to  repair  Log  Plain 

Road  Bridge  in  town  of  Greenfield,  by,  authorized  .  .       17  1,2 

radio  broadcasting  system,  building  and  maintenance  of,  by, 

authorized 667  1-4 


33 
591 

r642 

\765 

194 

1-4 

25 
316 

328 

2 

316 
645 

1 

760 
765 

1-3 
3 

767 
765 

1-2 
4 

252 
253 

1-5 
1-5 

394 
254 

1-3 
1-5 

381 

1-5 

667 
427 

/642 
\765 

1-4 

Index.  1235 

Chap.  Section. 

COUNTY  COMMISSIONERS— Concluded. 

Hampden,  Chapin  Pond,  right  of  way  for  public  access  to,  estab- 
lishment of,  by    . 
Nine  Mile  Pond,  public  access  to,  establishment  of,  by  . 
Hampshire,  Northampton,  courthouse  in,  adequate  elevator  ac- 
commodations and  facilities  for,  providing  for,  by   . 
Norwich  Lake,  public  access  to,  establishment  of,  by 
Plymouth,  shore  protection  and  repair  of  storm  damage,  partici- 
pation in,  by        . 
Worcester,  postwar  rehabilitation  fund,  use  of  certain  monies 
in,  by,  authorized         ....... 

Worcester  County  training  school,  abolishment  of,  by    . 
COUNTY   FINANCE: 

appropriations  for  maintenance  of  . 

County  retirement  systems  (see  Retirement  systems  and  pensions). 
Court  actions  (see  Actions,  civil;  Practice  in  civil  actions). 
COURTS: 

in  general,  costs,  certain  cases  in,  establishment  of,  investigation 

by  judicial  council  relative  to         .          .          .        Resolve       29 
parking  violations,  non-criminal  disposition  of,  further  regu- 
lation of 386  1.  2 

police  officers,  compensatory  time  off  for  attendance  in  cer- 
tain criminal  cases,  providing  for  .....     223  1,  2 

stolen  weapons,  return  of  to  lawful  owners,  by,  providing  for     160 
clerks  of  (see  Clerks  of  courts), 
district  courts  (see  District  courts), 
land  court  (see  Land  court), 
probate  court  (see  Probate  court), 
probation  officers  (see  Probation  officers). 

supreme  judicial  and  superior  courts  (see  Supreme  judicial  and 
superior  courts). 
Cozza  Circle,  certain  traffic  circle  in  city  of  Somerville,  designated 

as       .......  .        Resolve       25 

Cranberry  Brook,  flooding  of,  cause  of,  investigation  and  study 
relative  to,  providing  for       ....        Resolve 

Credit  Unions,  directors,  borrowing  of  money  by,  from 

payroll  deductions  for  repayment  of  loans  of,  providing  for 
real  estate  loans,  making  of,  by       . 
Creditors,  debt  pooling  plans,  for,  regulation  on    . 

life  insurance  poUcies  on  lives  of  debtors,  issuance  of,  to,  relative  to 

Crime  commission,  so  called,  further  continuation  of  .      Resolves 

Criminal  information  bureau,  establishment  of  within  division 
of  state  police      ........ 

CRIMINAL  PROCEDURE  AND  PRACTICE: 

appeals,  certain,  filing  of,         .  .  .  .  .  .  . 

assault  by  means  of  a  dangerous  weapon,  penalty  for,  providing 
for     .......... 

bail,  fees  for,  increase  of  certain      .  .  .  .  .  . 

children,  wayward,  delinquent  and  juvenile  offenders,  detention 
of,  relative  to      .......  . 

drugs,  harmful,  forging  of  prescriptions  for,  penalty  for 

evidence,  transcripts  of,  relative  to  ..... 

fraudulent  checks,  drafts  and  orders,  making,  drawing,  uttering 

and  deHvery  of,  relative  to   .  .  .  .  .  .     133 

gambling  crimes,  certain,  mandatory  sentences  for  second  con- 
victions for,  investigation  and  study  by  judicial  council, 
relative  to  ......        Resolve     148 

jurors,  peremptory  challenges  of,  relative  to     .  .  .  .     485  1,  2 

parking  violations,  non-criminal  disposition  of,  further  regula-/386  1,2 

tion  of :      .    •  •  1 751  1,2 

robbery,  and  certain  related  crimes,  statute  of  limitations  for, 

extension  of  time  under         ......     781  1,  2 

sex  crimes,  persons  convicted  of,  mandatory  sentences  for,  pro- 
viding for  .  .  .  .  .  .  .  .     763  1-4 

subversive  organizations,  books,  records  and  materials,  of,  is- 
suance of  search  warrants,  for,  providing  for  .  .  .     272  1,  2 

trespass,  motor  vehicles,  by,  burden  of  proof  in  certain  cases  of, 

relative  to  .  .  .  .  .  ...     269 

trials,  clarifications  of  laws  relative  to  hearings  by  trial  justices  .     131  7-12 

Currier,   Carl  M,,  payment  by  commonwealth  of  sum  of  money 

to      .......  .       Resolve      33 

Curtin,  John  J.,  payment  by  city  of  Somerville  of  certain  medical 

expenses  of  ........     341  1,  2 


75 

147 

631 

122 

697 

1.2 

169 

9 

147 

771 

1,2 

352 

1,2 

112 

244 

609 

1-3 

718 

2 

352 

1.  2 

hap. 
3 

Section. 
1.2 

255 

1,  2 

278 

1.2 

30 

37 
697 

1.2 

1236  Index. 


D. 

Dahner,  John  D.,  issuance  by  state  treasurer  of  new  check,  to 

Dancing,  celebrations  of  religious  customs  or  rituals,  at,  permissable 
on  Lord's  Day     ........ 

Danvers,  State  Hospital,  medical  and  infirmary  building  at,  desig- 
nated as  Clarence  A.  Bonner  Building   .... 
town  of  (see  Cities  and  towns). 

Dartmouth,  town  of  (see  Cities  and  towns). 

Davis,  Henry  H.,  acts  as  notary  public  validated  .        Resolve 

Death  Statutes,  damages  recoverable  under,  investigation  by  ju- 
dicial council  relative  to        ...  .       Resolve 

Debt  pooling  plans,  relative  to  .....  . 

Debtors,  life  insurance  policies  issued  to  creditors  on  life  of,  relative 

to 169 

Debts,  commonwealth  of  (see  State  finance). 

Deceased  persons,  motor  vehicle  liability  insurance,  compulsory,  ex- 
tension of  coverage  to  vehicles  owned  by         .  .  .     283  1-3 
property,  certain,  found  on  or  near,  custody  and  delivery  of  by 

medical  examiners        .  .  .  .  .  .  .162 

Dedham,  Town  of  (see  Cities  and  towns). 

Deeds,  (see  Real  Estate;   Registers  and  registries  of  deeds). 

Deer,  damage  done  by,  notices  of  claims  for,  relative  to  .  .     509 

Definitions  (see  Words  and  phrases). 

Delinquents,  children  (see  Children), 
juvenile  (see  Juvenile  delinquents), 
wayward  (see  Children). 

Demarest  Lloyd  Memorial  State  Park,  development  by  depart- 
ment of  natural  resources,  of  ....  .     568 

Demonstrators,  hair  styles,  of,  registration  of,  (see  Civil  Service 
and  Registration,  Department  of). 

Dennis,  town  of  (see  Cities  and  towns). 

Dennis-Yarmouth  regional  school  district,  certain  proceedings 
relative  to,  validated   ....... 

Dependents,  support  of,  change,  certain,  in  law  relative  to 

Deposits  (see  Banks  and  Banking). 

Development  and  industrial  commissions,  towns  of,  members  of, 
appointment  by  selectmen,  of        ....  . 

Dion,  Oscar,  conveyance  by  city  of  Chicopee  of  certain  land  to 

Directors,  corporations  of  (see  Corporations). 

Disabled  American  Veterans,  Department  of  Massachusetts,  Inc., 
state  convention  of,  proper  representation  of  common- 
wealth at,  providing  for         ....        Resolve 

Disabled  American  Veterans'  Hospital  Day,  proclamation  as  to 

Disabled  persons,  exemption  from  certain  motor  vehicle  parking 
fees  and  penalties,  for  ...... 

Disabled  veterans,  hawkers  and  peddlers  licenses  for,  relative  to  . 
motor  vehicle  excise  tax,  exemption  from  payment  of,  for 

Discrimination,  race,  color,  religious  creed,  national  origin  or  an- 
cestry, information  as  to,  not  be  required  on  applications 
of  bonded  employees    ....... 

Dispensing  opticians,  board  of  registration  of,  establishment  of     . 

District  Attorneys,  northern  district,  additional  assistant  district 
attorney  for  ........ 

subversive  organizations,  search  warrants  for  books  and  records 
of,  bringing  of  complaints  for,  by  .... 

Suffolk  county,  ten  additional  assistant  district  attorneys  for, 
providing  for        ........ 

western  district,  additional  assistant  district  attorney  for,  es- 
tablishment of  salary  of        .....  . 

DISTRICT  COURTS: 

in  general,  justices,  certain,  of,  salaries  of,  increased 

police  officers,  compensatory  time  off  for  attendance  of  criminal 

cases,  at,  providing  for  ......     223  1,  2 

probation  officers  of,  (see  Probation  officers). 

psychiatric  service,  availability  of,  to,  study  by  department  of 

mental  health  relative  to,  further  continued    .        Resolve       92 

support  of  dependents,  petitions,  certain,  relative,  to,  waiver 

of  entry  fee  for,  in        .......       29 

venue,  of,  relative  to  .......     158 


64 
29 

1-3 

102 
ri66 

\4S7 

1.2 

1,2 

4 
265 

2 

458 
214 
320 

1-3 

274 

688 

1-4 

678 

1 

272 

1.  2 

582 

1.  2 

678 

1.  2 

/334 
1741 

1-3 

407 

748 

1-3 
1,  2 

633 

1.  2 

212 

1-3 

729 
723 

1,2 

Index.  1237 

Chap.  Section. 

DISTRICT  COURTS  —  Concluded. 

special  provisions  for  particular  courts: 

Boston,  juvenile  court,  assistant  clerk  for,  providing  for  .     343 

municipal  court  of  the  city  of,  board  of  appeal  on  motor 
vehicle  liability  policies  and  bonds,  decisions  of,  ap- 
peals from,  original  jurisdiction  of,  by  .  .  .     412  1,  2 
civil  service  commission,  decisions,  certain,  of,  judicial 
review  of,  by,  providing  for        ..... 

justices  of,  salaries  of,  duties  of,  relative  to     . 
municipal  court  of  the  Roxbury  district,  court  officer,  ad- 
ditional, for  ........ 

Northern  Berkshire,  adequate  accommodations  for,  providing 
for     .......... 

Plymouth,  third  district  court  of,  Bisbee,  Theodore  W.,  special 
justice  of,  payment  by  county  of  Plymouth  of  an  annuity 
to       .........  . 

Somerville,  second  assistant  clerk,  for,  providing  for 
DISTRICTS: 

in  general,  betterment  assessments,  liens  for,  duration  of,  rela- 
tive to         ........  .     194 

civil  defense  program,  reports,  certain,  to  be  filed  in  connection 

with,  by,  relative  to     . 
greenhead  fly  control  projects,  of,  further  regulation  of 
officers  and  employees  of,  certain,  oath  of  office  of,  relative  to 
group  life,  accident,  hospitalization,  medical  and  surgical 
insurance,  for,  providing  for  ..... 

military  or  naval  forces,  in,  reinstatement  in  former  position, 
of,  act  providing  for,  extension  of  .... 

public  works  contracts,  payments  due  upon  completion  of, 
time  for,  by         .......  . 

public  works  projects,  time  limit  for  incurring  debt  to  secure 
benefits  of  federal  assistance,  in,  extension  of 
fire,  Barnstable  Fire  District,  territory  of,  extended 
Beach  Point  Fire  Hydrant  District,  establishment  of 
Fire  District  Number  One  of  the  town  of  South  Hadley,  ad- 
jacent territory  to,  annexation  of,  by      . 
public  water  supply,  certain,  of,  abandonment  of,  by,  au- 
thorized     ......... 

fire  and  water,  Duxbury  Fire  and  Water  District,  obligations 

and  properties  of,  town  of  Duxbury  to  assume 
historic.  Historic  Beacon  Hill  District,  establishment  of  . 
regional  planning,  establishment  of,  relative  to      . 
regional  school,  in  general,  establishment  of,  manner  of  voting 
on  question  relative  to  ...... 

land,  certain,  sale,  leasing  or  licensing  of  by  towns,  to 
location  of  schools,  within,  relative  to        ...  . 

school  buildings,  inciu-ring  indebtedness  for,  by,  authorized 

towns,  certain,  of,  renewal  of  leases  of,  by,  relative  to 
special  classes  conducted   by,   cost  of,  reimbursement  by 
commonwealth  for,  to,  providing  for       .... 

superintendents,  of,  salaries  of,  established 
Acton-Boxborough  regional  school  district,  proceedings,  cer- 
tain, relative  to,  validated    ...... 

Dennis- Yarmouth  regional  school  district,  certain  proceedings 
relative  to,  validated    ....... 

regional  school 

Groveland,  West  Newbury  and  Merrimac,  towns  of,  acts  and 
proceedings  relative  to  formation  of,  by,  validated  . 
sewer,  Mount  Pleasant  Sewer  District,  establishment 
water,  in  general,  water  pipes,  cost  of  laying  of,  levy  of  special  [  332 
assessments  for,  by       . 
Bourne  Water  District,  payment  of  sum  of  money  to  Sun 
Valley  Beach,  Inc.,  by  ...... 

Boylston  Water  District,  water  loan,  additional,  making  of, 
by,  authorized     ........ 

Burlington  Water  District,  sale  of  water  by  town  of  Lexington, 

to 

Lunenburg  Water  District,  treasurer  of,  term  of,  office  of, 
relative  to  ........ 

Mount  Pleasant  Water  District,  establishment  of 
DIVISIONS,    STATE   DEPARTMENT   OF: 

See  Commonwealth,  departments,  boards,  commissions,  etc.,  of. 
Doctors  (see  Physicians). 
Dog  racing,  (see  Horse  and  dog  race  meetings). 


25 
433 

123 

760 

1-3 

767 

1.2 

597 

284 

81 

615 

1,  2 
1-6 

41 

1.  2 

83 

1,2 

330 
616 
656 

1-4 

1-12 

1-3 

141 

127 

142 

65 

58 

1.  2 

1,  2 
1,  2 

626 
565 

1-4 

420 

1-4 

64 

1-3 

31 
671 
332 
639 

1,  2 
1-15 

447 

1-3 

537 

1.  2 

511 

1,  2 

115 
664 

1.2 
1-14 

1238 


Index. 


Doherty,  Francis  G.,  acts  as  notary  public  validated    .       Resolve 

Domestic  servants,  coverage  under  workmen's  tfompensation  law, 

of,  relative  to      .......  . 

Dooley,  John  H.  Memorial  Playground,  certain  play  area  in  Hyde 

Park  District  of  city  of  Boston  designated  as 
Dover,  town  of  (see  Cities  and  towns). 

Drewniak,  Edwin  E.,  payment  by  commonwealth  of  sum  of  money 
to      .  .  .  .  .  .  .  .       Resolve 

Drugs,  acute  poisoning  from,  cases  of,  reporting  of,  by  physicians 
cannabis,  further  definition  of  ....  . 

harmful,  further  definition  of  ..... 

prescriptions  for,  forging  of,  penalty  for 
illegal  possession  of,  penalty  for       ..... 

See  also  Narcotics. 
DUKES   COUNTY: 

appropriation  for  maintenance,  etc.  .... 

county   court   house,   erection   and   equipping   of  addition   to, 

amount  to  be  expended  for,  by,  increased 
Martha's  Vineyard,  program  of  public  nursing,  on,  establish- 
ment of,  by 
Dumps,  public  and  private,  assignment  of  places  for,  relative  to 
Dutch  elm   disease,    investigation  and  study  by  department  of 
natural  resources  relative  to  .  .  .        Resolve 

Duxbury  Fire  and  Water  District,  properties  and  obligations  of, 
assumption  of  by  town  of  Duxbury        .  .  .  . 

Duxbury,  town  of  (see  Cities  and  towns). 

Dwelling  places,  alternative  requirements  relative  to  construction, 
etc.,  of,  regulations  made  relative  to  by  board  of  stand- 
ards, compliance  with,  relative  to  .  .  .  . 

rent  control,  further  continuation  of,  for  .  .  .  . 


Chap. 
60 

755 

297 


Section. 


e   36 

.  610 

.  100 

1,2 

.  718 

1 

.  718 

2 

.  610 

.  765 

1 

.'  267 

1.2 

.  402 

1-8 

.  310 

1-3 

97 
330 


617 
225 


1-4 


1,2 
1,  2 


E. 


EDUCATION,   DEPARTMENT    OF: 

in  general,  chiropodists,  examination  of  feet  of  school  children, 
by,  regulations  relative  to,  by        . 
physically  handicapped,  special  classes  for,  powers  and  duties 

as  to  .  .  . 

Westfield,  land,  certain,  in,  sale  or  transfer  of,  by 

State  "ITeacher's  College,  at,  new  administration  building 
designated  as  Anthony  Porenzo  Memorial  Building,  erec- 
tion of  suitable  tablet  at,  by 
commissioner,    Massachusetts   committee,   certain,   members 
of,  payment  of  travel  expenses  of,  approval  by 
salary  of,  increased     ........ 

trade  schools,  private,  powers  and  duties  as  to       . 
division  of: 

special  education,  special  classes  of  regional  school  districts, 

powers  and  duties  as  to         . 
teacher  certification  and  placement,  establishment  of 
vocational  education.  Federal  Social  Security  Act,  contracts 
to  secure  financial  assistance,  certain,  under,  making  of  in 
behalf  of  commonwealth,  by  ....  . 

on-farm  training,  so  called,  Korean  emergency  veterans  for, 
powers  and  duties  as  to         .  . 

youth  service,  (see  youth  service,  division  of). 
Educational  institutions  (see  colleges  and  universities;    corpora- 
tions; schools). 
Elderly  persons  (see  Aged  persons). 

Elected  officials,  retirement  of  (see  Retirement  systems  and  pen- 
sions) . 
ELECTIONS : 

absentee  voting,  civilian  employees,  certain,  of  the  United  States, 

provisions  extended  to,  of     . 
ballots,  use  of  words,  "candidate  for  re-election,"  on,  authorized 
Brockton,    primary    elections,    candidates    for   nomination    at, 

party  enrollment  of,  filing  of  certificates  relative  to,  in 
business  corporations,  directors  of,  election  of  by  cumulative 
voting,  providing  for    ....... 


684 


772 
313 


383 

784 
730 
371 


626 
514 


700 
680 


1,2 


9 

22 

1-A 


1-4 


1-3 


321 
256 


456 
173 


1,  2 


Index. 


Chap. 
ELECTIONS  —  Concluded. 

candidates,  withdrawal  from  nominations,  by,  regulation  as  to  .     221 
congress,  representative  in,  number  of  signatures  required  on 

nomination  papers,  for  ......     249 

election  commissioners,  boards  of,  establishment  of,  in  cities  and 

towns,  providing  for     .......     218 

fire  departments,  questions  relative  to  working  conditions  and  f  150 

hours  of,  procedure  relative  to  submission  to  voters  .  \  151 

inquests,  clarification  of  laws  relative  to  hearings  before  trial 

justices,  of  ........ 

nominations,  certificates  of,  relative  to     . 

pasters  or  stickers,  distribution  at  polling  places,  of,  regulation  of 
Plan  B,  cities  under,  office  of  mayor,  filling  of  vacancies  in,  regula- 
tion on        ........  . 

regional  school  districts,  establishment  of,  manner  of  voting  on 
question  of  ........ 

registered  voters,  lists  of,  cities  and  towns,  in,  relative  to  . 
state  committees,  terms  of  office,  organization  of,  change  in  date 
relative  to  ........ 

state  conventions  of  political  parties,  calling  of,  by  state  commit- 
tees, time  for,  change  in        .....  . 

ward  and  town  committees,  term  of  office  of  members  of,  organ- 
ization of,  relative  to   . 
Electric  companies  (see  Gas  and  electric  companies). 
Electricians,  state  examiners  of  (see  Civil  service  and  registration, 

department  of). 
Elevator  regulations,  board  of  (see  Public  Safety,  department  of). 
Eligible  lists  (see  Civil  service  laws). 

Embalming  fluids,  arsenic  content,  of,  regulation  of      .  .  .     472 

EMERGENCY  FINANCE  BOARD: 

cities  and  towns,  borrowing  of  money  by,  opportunity  for,  ex- 
tended          262 

further  extension  of        .......  .     726 

members  of,  salaries  of,  relative  to  .....     730 

Emergency  telephone  calls,  prioritj'  on  party  lines,  of  .  ,     120 

Eminent  domain,  alcoholic  beverages  licenses,  takings  of  licensed 

premises,  rights  of  holders  of,  under       ....     382 

pro  tanto  land  damage  settlements,  overpayments  in,  recovery  of     242 
public  lands,  pavments  by  agencies  taking,  by  .  .  .     693 

EMPLOYERS  AND  EMPLOYEES: 

bonded  employees,  race,  color,  religious  creed,  national  origin  or 

ancestry  of  information  as  to,  not  to  be  furnished,  by      .     274 
group  life  insurance,  employees,  for,  relative  to  .  .  .     171 

wages,  weekly  payment  of,  law  relative  to,  further  amendment  of     506 
See  also  Labor. 
Employment  of  the  aging,  division  of  (see  Labor  and  Industries, 

department  of). 
Employment  Security,  division  of  (see  Labor  and  Industries,  de- 
partment of). 
EMPLOYMENT  SECURITY  LAW: 

benefits  under,  weekly  payment  of,  providing  for      .  .  .     530 

Encumbrances,  property  on  (see  Liens;   Mortgages). 
Entry  of  actions  (see  Actions,  Civil). 

Equalization  and  apportionment,  special  commission  on,  estab- 
lishment of  ......        Resolve       81 

scope  of,  increased      ......        Resolve     100 

Escott,  Harry  L.,  retirement  rights  of 690 

ESSEX  COUNTY: 

appropriation  for  maintenance,  etc.,  of    .  .  .  .  .     765 

Industrial  Farm,  employees  of,  wages  of,  payment  of  weekly, 

providing  for       ........       26 

Rice,  Harold  P.,  payment  of  sum  of  money  to,  by    .  .  .     240 

superior  court  building,  Lawrence,  in,  installation  of  elevators 

in,  providing  for  .......     287 

Essex  County  Electric  Company,  granting  by  city  of  Peabody  of 

certain  easement,  to     .  .  .  .  .  .  .     516 

Estates,  taxation  of  (see  Taxation). 
Everett,  city  of  (see  Cities  and  towns). 

Evidence,  business  and  public  records,  admissibility  of,  in        .  .     125 

transcripts  of,  criminal  cases,  certain,  in,  relative  to  .  .     352 

Excise  tax  (see  Taxation). 

Executions,  summary  process,  in,  further  stay  of,  providing  for       .     220 
Executive  council  (see  Governor  and  council). 


1239 

Seotion. 


131 

288 
266 

1-6 
1,2 

222 

141 
67 

1.2 
1-3 

138 

1 

138 

4 

138 

2-3 

1.2 

1-3 

42 


1,  2 
1-3 
1.  2 

1.  2 

1.  2 


1240 


Index. 


Chap.  Section. 

EXECUTORS  AND  ADMINISTRATORS: 

income  of  decedent,  certain,  tax  on,  filing  date  of,  by      _  .  .     592  4 

motor  veliicles,  transfers  of  decedent's  title  or  interest,  in,  by    .     413  1,  2 

Exemption  from  taxation  (see  Taxation). 

Express  companies,  premises  used  by,  drinking  water,  water  closets 

and  washing  facilities,  for,  providing  for  .  .  .     373  1,  2 


F. 

Fairhaven,  harbor,  improvement  of,  investigation  and  study  rela- 
tive to,  continued         .....        Resolve 

town  of  (see  Cities  and  towns). 
Pall  River,  city  of  (see  Cities  and  towns). 
Falmouth,  town  of  (see  Cities  and  towns). 
Farmer,  definition  of  under  laws  relative  to  motor  vehicles 
Farm  milk  tanks,  annual  testing  and  sealing  of    . 

sealing  of,  fee  for  ...... 

Farm  vehicles,  operating  radius  of,  increase  of 
Father's  Day,  proclamation  as  to 

Federal  emergency  laws,  public  works  projects  of  counties,  cities, 
towns  and  districts,  time  to  incur  debt  to  secure  benefits, 
under,  extended  ....... 

Federal  Employees  Veterans  Association,  Inc.,  national  conven- 
tion in  city  of  Boston,  proper  representation  of  common- 
wealth at,  providing  for         ....        Resolve 

Federal  government  (see  United  States). 

Federal  Social  Security  Act,  financial  assistance,  certain,  under, 

securing  of  in  behalf  of  commonwealth,  providing  for 
Fees,  bail,  increase  of  certain         ....... 

corporations,  statements,  reports,  etc.,  of,  filing  of,  for 

farm  milk  tanks,  sealing  of,  for        ...... 

motor  vehicle  operator's  hcenses,  for        ..... 

pharmacists,  renewal  registrations  of,  for  .... 

physicians  and  undertakers,  reports  of  births  and  deaths,  by, 
fee  for,  to,  abolished    ....... 

probate  courts,  of  ........ 

Fellsmere  pond,  improvement  by  Metropolitan  District  Commis- 
sion, of,  providing  for  ...... 

Females  (see  Women). 

Ferini,  Professor  Enrico,  Overpass,  certain  overpass  running  to 

Logan  International  Airport  designated  as      . 
Fidelity  bonds  (see  Bonds). 

Fiduciaries,  trust  funds,  small,  minimum  participation  permissible 
in  investment  of,  by     . 
See  also  Executors  and  administrators;  Trustees. 
Field  trials,  certain,  shooting  of  game  birds  at,  relative  to       .      _    . 
Finance,   administration  and,   commission  on   (see  Administration 
and  finance,  commission  on), 
cities  and  towns  of  (see  Municipal  Finance), 
commonwealth  of  (see  State  Finance), 
counties  of  (see  County  Finance). 
Fire  departments,  Cohasset,  permanent  members  of,  hours  of  duty 
of,  relative  to       .  .  .  .  .  .  . 

hours  of  duty,  permanent  members  of,  date  of  filing  of  peti- 
tions to  regulate,  relative  to  .... 

hurricanes,   certain,   overtime  service  during,  by  members  of 
payment  for,  providing  for   .... 

Milford,  permanent  members  of,  fifty-six  hour  work  week  for 
providing  for       ...... 

Northampton,  permanent  members  of,  forty-eight  hour  work 

week  for,  providing  for 
overtime  service,  fire  fighters  of  cities  and  towns  by,  compensa- 
tion for,  authorized      .  .  .  .  .  . 

Salem,  supervisor  of  motor  apparatus,  incumbent  of  position  of 
status  of     .  .  .  .  .  _       . 

two  platoon  system,  so  called,  filing  of  petitions  for  adoption  of 
relative  to  .  .  .  .  .  . 

volunteer  firemen,  certain,  indemnity  insurance  for,  providing  for 

Watertown  Firefighters  Relief  Association,  Inc.,  death  benefits 

of,  relative  to      .....         . 


.  483 

1,2 

.  195 

.  184 

.  483 

1.2 

.  265 

2 

284 


10 


700 

1-3 

244 

338 

184 

488 

2-3 

429 

95 

1,2 

418 

1-3 

744 

1,2 

655 

532 

63 
524 


1-3 


48 

1.2 

151 

752 

1,  2 

35 

1,  2 

130 

1,  2 

195 

132 

1,  2 

150 

385 

286 


152 

1.2 

659 

1-3 

145 

1-10 

457 

1.2 

146 
21 

1-10 

Index.  1241 

Chap.  Seotion. 

Fire  District  Number  One  of  the  town  of  South  Hadley,  ad- 
jacent territory  to,  annexation  of,  by     .  .  .  .41  1,2 
public  water  supply,  certain,  of,  abandonment  of,  by,  authorized       83  1,  2 

Fire  Districts  (see  Districts). 

Fire  fighters  (see  Fire  departments). 

Fire  insurance  (see  Insurance;   classes  of  insurance). 

Fires  and  Fire  Prevention  and  protection,  motion  picture  film, 
nitrate,  certain,  storage,  distribution  and  exhibition  of, 
prohibited  ......... 

First  Congregational  Church  of  Marshfield,  Inc.  The,  sale  by 
town  of  Marshfield  of  certain  land,  to    . 

First  Congregational  Church  of  North  Adams,  establishment 
of,  transfer  by  First  Congregational  Society  of  North 
Adams,  Mass.,  of  certain  property,  to    . 

First  Evangelical  Lutheran  Church  of  Lynn,  conveyance  of  land 
bj'  city  of  Lynn,  to       ......  . 

First  Parish  Church  United  of  Westford,  establishment  of,  trans- 
fer by  Union  Congregational  Church  in  Westford  and 
First  Congregational  Parish  (Unitarian)  in  Westford,  of 
certain  property,  to      ......  . 

Fiscal  survey  commission,  revived  and  continued        .        Resolve 

Fish,  weighing,  sorting  or  culling  of,  commissioner  of  labor  and  indus- 
tries to  adopt  rules  and  regulations  relative  to         .  .     415 

Fish  and  Wildlife  Service,  United  States,  of  (see  United  States). 

Fisheries  and  game,  division  of  (see  Natural  Resources,  depart- 
ment of). 

Fishing  licenses,  applicants  need  not  appear  personally,  for  .  .     209 

Fish  pier,  state,  Gloucester,  proposed  extension  to,  investigation 
and  study  by  state  department  of  public  works  relative 
to       .......  .        Resolve       69 

Fitchburg,  city  of  (see  Cities  and  towns). 

Flaherty,  George,  payment  by  city  of  Springfield  of  sum  of  money  to     409  1,  2 

Flood  control,  Charles  river  and  its  tributaries,  for,  providing  for   .     768  1-5 

measures  for,  survey  and  investigation  by  special  commission 

for  purposes  of    .  .  .  .  .  .        Resolve     142 

Floods,  board  to  approve  expenditures  for  damages  caused  by,  estab-  I  oqg  a 

lishment  of,  powers  and  duties  of  .  .  .  .         .  ]  -oq  o 

Southbridge  sewage  treatment  plant,  replacement  of,  powers 

and  duties  as  to  .  .  .  .  .     _     .  .     779 

current  year,  in,  financial  burdens  imposed  by,  alleviation  of, 

relative  to 699  1-7 

highway  work  made  necessary  because  of,  funds  for         .     698  1-5 

purposes  of  said  act,  clarified         .....     739  1,  2 

reimbursement  to  certain  persons  for  excise  taxes  prepaid 
on  cigarettes,  alcoholic  beverages  or  gasoline  damaged  by     745 

Foreign  corporations  (see  Corporations). 

Forest  products  and  wild  land,  taxation  of,  relative  to         .  .     705  1-3 

Forests  and  parks,  division  of  (see  Natural  Resources,  depart- 
ment of). 

Forgham,  Gladys  N.,  acts  as  notary  public  validated    .        Resolve       15 

Fort  Devens,  land,  certain,  in  vicinity  of,  retrocession  by  United 
States  of  concurrent  jurisdiction  over,  acceptance  of  by 
commonwealth    ........     658  1,  2 

Fort  Meadow  Pond  Commission,  rules  and  regulations  of,  viola- 
tion of,  penalty  for       .  .  .  .  .  .  .50 

Foss,  Saxton  C.  Park,  designation  of  park  in  city  of  Somerville  as, 
erection  by  Metropolitan  District  Commission  of  suitable 
marker,  at  ........     350 

Foster  Post  No.  93,  Inc.,  American  Legion,  conveyance  of  certain 

state  land,  to       .......  .     644  1-3 

Framingham,  town  of  (see  Cities  and  towns). 

Franco-American  War  Veterans,  Inc.,  convention  of,  proper  rep- 
resentation of  commonwealth  at    .  .  .       Resolve       59 

FRANKLIN    COUNTY: 

appropriation  for  maintenance,  etc.,  of     .  .  .       _   .  .     765  1 

post  war  rehabilitation  fund,  use  of  to  repair  Log  Plain  Road 

Bridge  in  town  of  Greenfield,  authorized         ...       17  1,  2 

radio  broadcasting  system,  building  and  maintenance  of,  by, 

authorized  ........     657  1-4 

Fraternal  Benefit  Societies,  annual  reports,  of,  inclusion  of  finan- 
cial statement  on  children's  insurance,  in,  requirement 
for,  repealed        ........       80 


1242 


Index. 


Chap. 
Fraternal  Benefit  Societies  —  Concluded. 

certain,  limited,  transfer  of  membership  and  funds,  by,  regula- 
tion on        .  .  .  .  .  .  .  .  .     108 

Supreme  Council  of  the  Royal  Arcanum,  funds,  certain,  of,  con- 
solidation of,  by  .......     232 

Fuels,    special,    taxation    of    sales    and    use    of,    study    relative 

to      .......  .       Resolve     119 

FUNDS: 

in  general,  solicitation  for  charitable  pirrposes,  of,  exemption  for 
certain  educational  institutions  from  certain  provisions  of 
law  relative  to     .......  .     498 

banks  of,  (see  Banks  and  banking), 
federal  (see  Federal  emergency  laws), 
municipal  (see  Municipal  finance), 
state  (see  State  finance). 
Funeral  directors  (see  Undertakers). 

Furnace  brook,  enclosure  by  pipe  or  conduit,  of,  providing  for         .     600 
Golf  Club,  Inc.,  payment  by  commonwealth  of  sum  of  money 

to       .......  .        Resolve     124 


Section. 

1,  2 
1-3 


G. 

Gaebler  Children's  Unit,  building  for  psychotic  children  at  Metro- 
politan State  Hospital  designated  as       . 
Gambling  (see  Criminal  procedure  and  practice ;  Crime  commission) 
Game  birds,  shooting  of  at  certain  field  trials,  relative  to 
Garages,  public,  drinking  water,  water  closets  and  washing  facUi 
ties,  for,  relative  to      .....  . 

Gardner  Museum,  Isabella  Stewart  holding  of  additional  real  and 
personal  estate,  by,  authorized       .... 

Gardner,  city  of  (see  Cities  and  towns). 

Garrison,  Charles  O.,  chief  of  police  of  town  of  Hopkinton,  life 
tenure  for  ........ 

Gas  and  Electric  Companies,  bond  issues,  advertising  procedures 
for  sale  of,  relative  to  .  .  .  .     _    . 

electrical  service,  interruptions  of,  problems  relating  to,  investi- 
gation and  study  relative  to  .  .  .        Resolve 
Essex  County  Electric  Company,  granting  by  city  of  Peabody 
of  certain  easement,  to          .....  . 

Lynn  Gas  and  Electric  Company,  lines,  poles  and  equipment  of, 
certain,  locations  of,  validated       ..... 

Gasoline  (see  Motor  fuel). 
GENERAL    COURT: 

in  general,  Boston  Arena  Authority,  annual  report,  of,  time 
of  making  of,  to,  change  in  .  .  .  .      _    . 

conservation,  committee  on,  state  park  and  reservation,  cer- 
tain, establishment  of,  to  investigate  and  study       Resolve 
correctional  system,  re-organization  of,  joint  special  commit- 
tee on,  continuation  of,  scope  of,  increased   .        Resolve 
judiciary,  committee  on,  counsel  of,  payment  of  sum  of  money  to 
legislative  research  bureau,   special  committees  or   commis- 
sions, expired,  papers,  records  and  materials  of,  disposi- 
tion of,  by  .  .  .  .  .  . 

legislative  research  coimcil,  corrective  change  in  law  estab- 
lishing        ......... 

nursing,  practice  of,  investigation  and  study  relative  to, 
by      .......  .        Resolve 

state  aid  for  schools,  payment  of  certain  insurance  premiums 

by  cities  and  towns,  to  investigate  and  study       Resolve 

pension  rights,  restoration  to  present  and  former  members,  of 

sergeant-at-arms,  appointees  of,  number  of,  providing  for 

special  and  joint  committees,   expired,  papers,  records  and 
materials  of,  disposition  of,  relative  to   . 

house  of  representatives,  counsel  to,  general  laws,  certain, 
corrective  changes  in,  study  relative  to,  by,  jointly  with 
counsel  to  senate  .....      Resolves 

Glynn,  Dennis  P.,  member  of  present,  payment  of  salary  to, 
relative  to  .  .  .  .  .  .  .        Resolve 

William  A.,  re-elected  as  member  of  present,  payment  by 
commonwealth  of  compensation  to  estate  of  .       Resolve 


1.2 
1-3 
1,  2 

1.2 


1,  2 
1.2 


279 
524 
373 
248 

75 

188 
113 
516 
215 

216 
111 


132 

784  Item  0110-52 


•579 

137 

130 

135 

554  1-3 

(782 

1  784  Item  0103-04 

579 
fll5 
J  116 
\  118 
1.120 

90 

43 


Index.  1243 

Chap.  Section . 

GENERAL  COURT  —  Concluded. 

house  of  representatives  —  Concluded. 

Mahan,  Arthur  U.,  former  member  of,  widow  of,  payment  by 

commonwealth  of  compensation  to         .  .        Resolve       61 

J.  Robert,  member  of  present,  payment  of  salary  to,  rela- 
tive to         ......  .        Resolve       91 

Pomeroy,  Russell  B.,  member  of  present,  payment  of  salary 

to,  relative  to      .....  .        Resolve       90 

Parenzo,  Anthony,  re-elected  as  member  of  present,  widow  of, 

payment  by  commonwealth  of  compensation  to     Resolve       43 
Sturgis,  Franklin  Jr.,  former  member  of,  estate  of,  payment 

by  commonwealth  of  compensation  to    .  .        Resolve       62 

Telford,  Edna  B.,  member  of  present,  payment  of  salarj"^  to, 

relative  to  .  .  .  .  .  .  .        Resolve       90 

Turner,  Warren  A.,  member  of  present,  payment  of  salary  to, 

relative  to  .  .  .  .  .  .  .        Resolve       91 

ill5 
1 1fi 
118 
120 
General  Fund,  old  age  assistance  funds,  crediting  of,  to  .  .     540  1-7 

state  owned  airports,  fines  and  penalties  recovered  for  violations 

at,  crediting  of,  to         .  .  .  .  .  .  .     452 

General  Laws,  changes,  certain,  in,  relative  to  veterans  of  Korean 

emergency  ........     403  1-14 

f  115 

corrective  changes,  certain,  in,  study  by  counsel  to  senate  and  f  116 

counsel  to  house  of  representatives,  relative  to     Resolves]  118 

[  120 
Gloucester,  city  of  (see  Cities  and  towns). 
Gloucester  Industrial  Development  Commission,  membership 

of,  relative  to 734  1,  2 

Gljmn,  Dennis  P.,  present  member  of  house  of  repre8entatives,"pay- 

ment  of  salary  to  ....  .       Resolve       90 

William  A.,  estate  of,  payment  by  commonwealth  of  compensa- 
tion to         ......  .        Resolve       43 

Goldstein,  Mildred  F.,  acts  as  notary  public  validated        Resolve       16 

Goodrich  Pond,  public  access  to,  estabhshment  of,  providing  for    .     258  1-5 

Gosnold,  town  of  (see  Cities  and  towns). 

GOVERNOR: 

appointments  by,  dispensing  opticians,  board  of  registration 

of,  members  of    .......  .     688  1 

interstate  compact  on  juveniles,  compact  administrator  of      .     687  2 

medicine,  board  of  registration  in,  approving  authority  of, 

three  additional  members  for         .....     759  1 

outdoor  advertising  board,  two  members  of  ...     584  3 

schoolhouse  structural  standards,  board  of,  four  members  of  .     675  1 

(see  also  Commissions,  State;  special). 
powers  and  duties,  proclamations,  annual  observance  of  cer- 
tain days,  for,  issuance  of,  by         .  .  .  .  .     205  1,  2 

GOVERNOR  AND  COUNCIL: 

appointments,  certain,  approval  by  (see  Governor,  appointments 

by), 
land,  certain,  conveyance  of,  by  department  of  education,  ap- 
proval by   .  .  .  .  .  .  .  .  .     313 

Grand  Junction  Railroad  Bridge,  replacement  of,  providing  for  .     436 
Grant,  Chester  H.  Memorial  Circle,  certain  traffic  circle  in  city 

of  Gloucester  designated  as  .  .  .  .  .  .     608  1,  2 

Great  ponds  (see  Waters  and  waterways). 

Greater  Fall  River  Development  Corporation,  establishment  of 
Greater  Gardner  Development  Corporation,  incorporation  of     . 
Greenfield,  town  of  (see  Cities  and  towns). 
Greenhead  fly  control  projects,  further  regulation  of  . 
Greylock  reservation  commission,   Mount  Greylock,  television 
site  on,  granting  of,  by,  relative  to  ...  . 

toll  tramway  on  Mount  Greylock,  powers  and  duties  as  to 
Groveland,  town  of  (see  Cities  and  towns). 

Guaranty  funds,  co-operative  banks,  of,  relative  to       .        _ .  .     257 

Guardians,  surety  bonds  of,  premiums  paid  for,  income  taxj|deduc- 

tion  for       ........  .     527 

See  also  Fiduciaries. 
Gypsy  moth,  suppression  of,  payments  by  cities  and  towns,  for      .     479 


392 
564 

1-21 
1-20 

433 

504 

476 

1-10 

1244  Index. 


H. 

Chap.  Seotion. 

Hadley  Special  Tool  Co.,  Inc.,  revival  of 746 

Hairdressers,  board  of  registration  of  (see  Civil  service  and  registra- 
tion, department  of), 
non-resident,  renewal  of  registration,  of  .  .  .  .  .     435 

registered  under  laws  of  other  states,  registration  of,  relative  to     333 
renewal  of  registrations,  of,  relative  to     .  .  .  .  .     434 

HAMPDEN  COUNTY: 

appropriations  for  maintenance,  etc.,  of  .  .  .  .  .     765  1 

assistant   district   attorney,   additional,   northern   district,   for, 

appointment  of  resident,  of,  as      .  .  .  .  .     678  1 

Chapin  pond,  right  of  way  for  public  access  to,  establishment  of, 

by 252  1-5 

Nine  Mile  pond,  public  access  to,  establishment  of,  by       .  .     253  1-5 

youth  service,  division  of,  establishment  of  place  of  custody,  by, 

in 673  1,  2 

HAMPSHIRE  COUNTY: 

appropriations  for  maintenance,  etc.,  of  .  .  .  .  .     765  1 

county  fairs,  horse  racing  under  the  pari-mutuel  system  of  wager- 
ing, at,  submission  to  voters  of  question  relative  to  .     406 
Northampton,  courthouse  in,  adequate  elevator  accommodation 

and  facilities  for,  providing  for,  by  ...  .     394  1-3 

Norwich  lake,  public  access  to,  establishment  of,  by  .  .     254  1-5 

Handicapped  children  (see  Children). 

Hanscom,  Laurence  G.  Field,  acquisition  by  United  States  of  cer- 
tain land  of  commonwealth,  for     .....     347  1-3 

additional  hangar  and  shops,  at,  providing  for  .  .  .     769  1-4 

Hanson,  town  of  (see  Cities  and  towns). 
Harbors  (see  Waters  and  waterways). 
Harwich,  town  of  (see  Cities  and  towns). 
Hawkers  and  peddlers,  licenses  for,  granting  of,  to  certain  disabled 

veterans,  relative  to     .  .  .  .  .  .  .214 

Hayes,  Henry  R.,  vacation  allowances,  payment  by  metropolitan 

district  commission,  of,  to,  providing  for        .        Resolve       19 
Headlamps  (see  Lamps). 
Health,  local  boards  of,  dumps,  assignment  of  places  for,  powers  and 

duties  as  to  .  .  .  .  .  .  .  .     310  1-3 

Salk  poliomj^elitis  vaccine,  furnishing  of,  by  state  department 

of  public  health,  to 481  1-3 

mental,  department  of  (see  Mental  health,  department  of), 
public,  department  of  (see  Public  health,  department  of). 
Health  and  welfare  trust  funds,  administration  and  regulation  of, 

investigation  and  study  relative  to  need  for    .        Resolve     107 
Hebrew  Home  for  Aged,  sale  by  city  of  Boston  of  certain  park  land, 

to 36  1,  2 

High  schools  (see  Schools). 

Highway  Safety  Act,  assessment  of  merit  rating  points,  under       .     417 

Highways  (see  Ways). 

Hingham,  town  of  (see  Cities  and  towns). 

Historic  Beacon  Hill  District,  establishment  of  .  .  .  .     616  1-12 

Holidays,   Columbus  Day,  so  called,  observance  of,  further  regu-  /    99  1,  2 

lated 1342 

Holland,  Dennis  C,  reinstatement  in  employ  of  city  of  Maiden  for 

purposes  of  retirement  ......     704  1,  2 

Holmes,  Lester  H.,  employee  of  town  of  Norton,  retirement  bene- 
fits of  355  1.  2 

Holyoke,  city  of  (see  Cities  and  towns). 

Home  for  Aged  Women  in  the  city  of  Worcester,  holding  of  ad- 
ditional property  by,  increase  of  powers  of  trustees  of, 
authorized  .  .  .  .  .  .  .71  1-5 

Hopkinton,  town  of  (see  Cities  and  towns). 

Horse  and  dog  race  meetings  conducted  under  the  pari-mutuel 
system  of  wagering,  Hampshire  county,  county  fairs  of , 
submission  to  voters  of  question  relative  to  conducting 
horse  races  at,  under    .......     406 

taxes,  certain,  upon,  increase  of       .....  .     276 

Horseneck  Beach,  recreational  facilities,  certain,  at,  providing  for  .     583  1-5 

Horton,  Ella  B.,  payment  by  state  board  of  retirement  of  an  annuity 

to 630  1,2 

Hospital  medical  officers,  limited  registration  of,  relative  to  .     526 


Index. 


1245 


Chap. 


HOSPITALS: 

Boston  City  Hospital,  investment  of  certain  monies  received  by, 

relative  to  ........ 

charitable,  importation  of  alcoholic  beverages  by,  fee  for  and 

excise  on,  exemption  from  payment  of,  for 
Danvers   State   Hospital,   medical   and   infirmary   building  at, 

designated  as  Clarence  A.  Bonner  Building     . 
Lakeville  State  Sanatorium,  muscular  dystrophy,  treatment  of, 

at,  providing  for  ....... 

Lemuel  Shattuck  Hospital,  certain  unit  at  designated  as  Paul  A. 

McCarthy  Memorial    ....... 

contracts  by  hospital  service  corporations,  non-profit,  with, 

relative  to  ........ 

medical  institutions  (see  Medical  Institutions). 

Metropolitan  State  Hospital,  building  for  psychotic  children  at, 

designated  as  Gaebler  Children's  Unit    .... 
Monson   State   Hospital,    building,    certain,   at,   designated   as 

Beatrice  V.  Buckley  Building         ..... 
Northampton  State  Hospital,  land,  certain,  of  commonwealth,  at, 

conveyance  of     .......  . 

patients,  blood  type  of,  determination  of,  by    . 

Pondville   Hospital,    cancer   patients,   veterans,    admission    to, 

payments  for  care  of,  relative  to    . 
Saint  Elizabeth's  Hospital,  holding  of  additional  real  and  personal 

estate,  by,  authorized  ...... 

tuberculosis,  counties,  of  (see  Tuberculosis  hospitals). 

patients,  for,  establishment  and  maintenance  of  by  cities  and 

towns,  relative  to  ......  . 

Westfield  state  sanatorium,  cancer  patients,  veterans,  admission 

to,  payments  for  care  of,  relative  to       ...  . 

Hospital  Service  Corporations,  non-profit,  contracts  with  Lemuel 

Shattuck  Hospital,  by,  authorized  .... 

handicapped  children,  certain,  continued  coverage  for,  by,  pro- 
viding for   ......... 

Hospital  Survey  and  Construction  Act,  Federal,  provisions  of,  ad- 
ministration of  by  department  of  public  health 
Hot  water  tanks,  construction  of,  safety  requirements  for 
Hours  of  labor  (see  Labor). 
Houses  (See  Dwellings). 
Housing  authorities,  local,  Boston  Housing  Authority,  state-aided 

veterans  housing  project,  Boston  200-13,  liquidation  and 

abandonment  of,  by     .  .  .  .  .  .  . 

elderly  persons,  certain,  persons  living  in  sub-standard  housing, 

projects  for,  powers  and  duties  as  to      . 
law  relative  to,  changes,  certain,  in  ..... 

Maiden  Housing  Authority,  park  land,  certain  conveyance  of 

by  city  of  Maiden,  to  .  .  .  .  .  . 

Medford  Housing  Authority,  state-aided  veterans  housing  proj- 
ect, Medford  200-2,  liquidation  and  abandonment  of,  by 
membership  of,  eligibility  for,  restrictions  on    . 
records  of,  examination  by  state  auditor,  of,  providing  for 
recreational  and  community  facilities,  establishment  in  housing 

projects  of,  by     .  .  .  .  .  .  . 

relocation  housing,  displaced  families,  certain,  for,  providing  for, 

by 

urban  renewal  projects,  powers  and  duties  as  to        . 
veterans'  housing,  confirmation  of  title  to,  procedure  as  to 
Wellesley  Housing  Authority,  disposal  of  state-aided  veterans 

housing  project,  Wellesley  200-2,  by      . 
Housing  Authority  Law,  changes,  certain,  in        ...  . 

HOUSING   BOARD,    STATE: 

Boston   Housing  Authority,   abandonment  and  liquidation   of 

certain  project  by,  powers  and  duties  as  to     .  .  . 

Medford  Housing  Authority,  abandonment  of  certain  project 

by,  powers  and  duties  as  to 
recreational  and  community  facilities,   establishment  by  local 

housing  authorities,  approval  of,  by        . 
re-location  housing,  displaced  families,  certain,  for,  powers  and 

duties  as  to 
state-aided  projects  for  veterans,  consolidation  of,  powers  and 

duties  as  to  .  .  .  .  _.  .  .     _     . 

Wellesley  Housing  Authority,  disposal  of  certain  housing  project 

by,  powers  and  duties  as  to 


39 
322 


278 
220 


Section. 


1,  2 


784  Item  2026-21 


499 


279 


159 
449 


585 
311 


559 

585 


499 
404 


331 
612 


595 


595 
572 


685 
640 


489 
567 


1,  2 
1.  2 


1-3 
1.  2 


1,  2 
1-3 


1.  2 
2 


641 
654 

1-5 

599 

1-3 

572 
128 
327 

1-3 

685 

640 
654 
445 

1-6 
1-5 

567 
654 

1-5 

1-6 


1246  Index. 

Chap.  SeotioB. 

Housing   projects,    state   aided,   veterans,    for,   consolidation   of, 

authorized  ........     489 

Hudson,  town  of  (see  Cities  and  towns). 

Hull,  town  of  (see  Cities  and  towns). 

Hunting  and  fishing,  and  certain  related  matters,  investigation  and 

study  by  special  commission  relative  to  .        Resolve       84 

Hunting  licenses,  applicants  need  not  appear  personally,  for  .     209 

revocation  of,  relative  to         ......  .     647 

Huntington,  town  of  (see  Cities  and  towns). 

Hurricanes,   certain,  in  year   1954,  financial  burdens  imposed  on  (   46  1-3 

cities  and  towns  by,  alleviation  of,  relative  to  .  .  \  542  1,  2 

firefighters  and  police  officers  who  performed  overtime  service 

during,  payment  for,  providing  for  ....     752  1,  2 


I. 

Ice  skating  rinks,  artificial,  outdoors,  construction  of,  by  cities  and 

towns,  providing  for     .......     716  1,  2 

Incinerators,  borrowing  of  money  by  cities  and  towns,  for      .  .85  1,2 

Metropolitan  District  Commission,  of,  locations  for  certain,  pro- 
visions relative  to,  repealed  .....     773  1,  2 

refuse  disposal,  for,  assignment  of  places  for,  relative  to     .  .     310  1-3 

Income  tax,  division  of  (see  Corporations  and  taxation,  department 
of), 
return,  simplified,  providing  for       ......     692  1,  2 

Incomes,  taxation  of  (see  Taxation). 
Indebtedness,  commonwealth  of  (see  State  finance), 
counties  of,  (see  County  finance), 
evidences  of,  (see  Bonds;    County  finance;    Municipal  finance; 

Treasm-er,  state), 
mimicipal  (see  Municipal  finance). 
Industrial  accident  board  (see  Labor  and  Industries,  department 

of,  industrial  accidents,  division  of). 
Industrial  homework,  laws  relative  to,  changes,  certain,  in  .  .     764  1-13 

special  commission  established  to  study  and  revise,  revived  and  (    98 
continued  .......      Resolves  \  140 

Industrial  land,  subdivision  control  law,  inclusion  under,  of  .  .     411  1,  2 

Industrial  workers,  damages  for  death  and  injuries,  to,  amount 
recoverable  for,  investigation  by  judicial  council  relative 
to      .......  .        Resolve      37 

Infirmaries,  licensing  and  inspection  of,  relative  to         .  .  .     662  1-9 

Inheritance  taxes  (see  Taxation). 

Injury  cases  (see  Actions,  civil;  Practice  in  civil  actions;  workmen's 

compensation) . 
Innholders  (see  Lodging  houses). 
Insolvency  (see  Probate  and  insolvency). 
Institutions,  charitable  (see  corporations), 
medical  (see  Hospitals), 
savings,  for  (see  Banks  and  banking). 
INSURANCE: 

in  general,   agencies,  business  of,  continuance  by  widows  of 

owners  of,  providing  for        .  .  .  .  .  .155 

county,  city,  town,  and  district  employees,  group  fife,  accident, 
hospitalization,  medical  and  surgical  insurance,  for,  pro- 
viding for  .........     760  1-3 

exchanges,  foreign,  applications  for  licenses  to  transact  busi- 
ness, relative  to  .  .  .  .  .  .  _.  .     384  6 

fraternal  benefit  societies,  of,  (see  Fraternal  benefit  societies), 
reciprocal  or  inter-insurance  contracts,  exchange  of,  law  rela- 
tive to,  change  in  ......  .     384  6 

state  employees,  life,  accident,  hospitalization,  medical  and 

surgical  insurance,  for  ......     628  1—4 

classes  of  insurance : 

accident  and  health,  blanket,  premium  payments  on  certain, 

relative  to  ........     207 

policies  of,  termination  or  lapsing  of  for  non-payment  of 
premimns,  relative  to  .  .  .  .  .  .  .     263 

casualty,  law  relative  to,  application  of  ...  .     384  8 

fire,  marine  and  inland  marine,  laws  relative  to,  change  in       .     384  1,  2,  3 


Index.  1247 

Chap.  Section. 

INSURANCE  —  Concluded. 

classes  of  insiirance  —  Concluded. 

policies  for,  additional  coverage,  certain,  under,  providing 

for _ 3-39 

provisions,  certain,  of,  investigation  and  study  relative  to, 
providing  for        ......        Resolve       80 

hospital  service  plans  (see  hospital  service  corporations). 

life,  group,  policies  for,  debtors  on        ....  .     169 

further  definition  of  .  .  .  .  .  .  .171 

relative  to      .  .  .  .  .  .  .119 

motor  vehicle  liability,  compulsory,  death  of  owners  of  motor 

vehicles  and  trailers,  extension  of  coverage  in  cases  of      .     283  1-3 

steam  boiler,  change  in  law  relative  to  ....     384  7 

companies : 

bonding,   bonded  employees,  information  as  to  race,  color, 
religious  creed,  national  origin  or  ancestry  not  to  be  fur- 
nished by, to       .......  .     274 

casualty,  filing  of  manuals  of  classification,  rules  and  rates  and 

rating  plans,  by,  relative  to  .....     384  9 

domestic,  mortgage  loans,  investments  in,  by     •     .          .          .     208 
trusteeships,  certain,  exempted  from  provisions  of  law  rela- 
tive to 636 

fire,  additional  coverage,  certain,  providing  for,  by         .          .     339 
mutual  fire,  directors,  dividends,  accumulated  profits,  etc.,  fix- 
ing of ,  by       384  4 

taxation  of  (see  Taxation), 
see  also  Workmen's  Compensation. 
Interstate  compact  on  juveniles,  establishment  of      .  .     687  1-7 

Ipswich   River,    dredging  and   improvement  of,  investigation  and 

study  by  department  of  public  works  relative  to     Resolve     102 
Isabella  Stewart  Gardner  Museum,  Incorporated,  holding  of 

additional  real  and  personal  estate,  by,  authorized  .  .     248 

J. 

Japanese  beetle,  defined  as  public  nuisance  ....     340 

Judgments,  entry  of,  on  undisputed  facts,  motions  for  .  .  .     674  1 

summary  process,  in,  further  stay  of,  providing  for   .  .  .     226  1,  2 

JUDICIAL    COUNCIL: 

change  of  name,  issuance  of  certificate,  after,  investigation  rela- 
tive to,  by  ......        Resolve       18 

civil  verdicts,  permitting  ten  jurors  to  render,  investigation  rela- 
tive to,  by  .  .  .  .  .  .        Resolve         2 

cotirt  costs,  cases,  certain,  in,  establishment  of,  investigation  rela- 
tive to,  by  .  .  .  .  Resolve       29 

death  statutes,  damages  recoverable  under,  investigation  rela- 
tive to,  by  ......        Resolve      37 

gambling   crimes,    certain,    second    convictions   for.    mandatory 

sentences  for,  to  investigate  and  study  .  .        Resolve     148 

illegitimate  children,  inheritance  of  property  by,  to  investigate 

and  study  .......        Resolve       26 

industrial  workers,    injiiries   suffered   by,  damages  recoverable 

for,  investigation  relative  to,  by      .  Resolve       37 

insurance  commissioner,  appointment  of  attorneys,  by,  to  investi- 
gate and  study    ......        Resolve       23 

jurors,  persons  called  as,  examination  of,  investigation  relative 

to,  by  .  .        Resolve         1 

real  estate  titles,  certain,  defects  in,  rights  of  entry  against,  in- 
vestigation relative  to,  by     .  Resolve       27 

workmen's  compensation  law,  reasonable  statute  of  limitations 

under,  investigation  relative  to,  by         .  Resolve       20 

Jurors,  compensation  of,  increased         ......     328 

examination    of,    investigation    by    judicial    council    relative 

to       .......  .        Resolve         1 

information  relative  to  persons  sitting  as.  change  in  law  relative 

to 38  1-3 

peremptory  challenges  of,  relative  to        ....  .     485  1,  2 

Juvenile  delinquency,  prevention  of,  school  training  program  for, 

providing  for        ........     696 

Juvenile  offenders  (see  Children,  delinquent). 

Juveniles,  interstate  compact  on,  establishment  of  .  .  .     687  1-7 


1248 


Index. 


K. 

Chap.  Section. 
Kenney,    Catherine   E.    O'Connell,    creditable  prior   service  for 

retirement  allowance  purposes,  of            ....     399  1,  2 

Korean  emergency,  veterans  of,  rights  of,  relative  to    .          .          .     403  1-14 


L. 

LABOR: 

auxiliary  police,  use  of,  in  connection  with  labor  dispute,  pro- 
hibited         241 

benefits,  certain,  trusteeships  paying,  exemption  from  laws  rela- 
tive to  domestic  insurance  companies,  for        .  .  .     636 
benzol,   carbon  tetrachloride,  harmful  substances,  labelling  of 

receptacles  containing,  protective  measures  as  to     .  .     469 

children,  street  trades,  engaging  in,  by,  hours  for,  regulated        .     503 
children  under  age  of  sixteen  years,  employment  of,  further  regu- 
lation of      .......•■       13 

disputes,  solicitation  of  employees  during,  regulation  of     .  .     430 

use  of  auxiliary  police  or  other  personnel  organized  under 

civil  defense  laws  in  connection  with,  prohibited      .  .241 

industrial  establishments,  further  definition  of,  to  include  public 
garages  and  certain  premises  used  by  express,  trucking  and 
transportation  companies      .  .  .  ._         . 

industrial  homework,  laws  relating  to,  changes,  certain,  in 

special  commission  established  to  study  and  revise,  revived 
and  continued     ......      Resolves 

industrial  workers,  damages  recoverable  for  death  and  injuries, 
to,  investigation  by  judicial  council  relative  to       Resolve 
laws,  certain,  proposed,  study  by  commissioner  of  labor  and  in- 
dustries, of Resolve 

mechanical  establishments,   allowance  of  hours  for  meals  for 

women  and  children,  in         .  .  .  .  . 

practices,  certain,  investigation  and  study  by  commissioner  of 
labor  and  industries  relative  to      .  .  .        Resolve 

public  works  projects,  minimum  w^ges  for,  payment  of,  relative 

to       .  .       , • 

payments  to  subcontractors,  laborers,  suppliers,  etc.,  under, 
security  for  .  . 

railroad  employees,  lockers  for,  providing  for    .  •     .  .  .- 

railroad  establishments,  water  closets  and  washing  facilities,  re- 
quirements for,  in         .  .  .  .  . 

railroad  freight  houses,  railways  express  terminals,  working  con- 
ditions, in,  relative  to  ...... 

wage  rates,  minimum,  increase  of    . 

wages,  weekly  payment  of,  law  relative  to,  further  amendment  of 

women  and  children,  certain  labor  laws  relative  to,  suspension 

of  operation  of,  providing  for  .....      106 

LABOR  AND  INDUSTRIES,  DEPARTMENT  OF: 

in  general,   benzol,  carbon  tetrachloride,  harmful  substances, 
labelling  of  receptacles  containing,  powers  and  duties  as 

to 469 

garages,  public,  certain  other  premises,  water  closets  and  wash- 
ing facilities  for,  powers  and  duties  as  to  .  .  .     373 
railroad  establishments,  water  closet  and  water  facilities  in, 

requirements  for,  powt."-s  and  duties  as  to        .  .  .     669 

soil  exploratives  and  test  boiings,  defined  as  public  works  for 

certain  purposes,  under  ......     453 

state  printing  and  binding,  bids  and  contracts  for,  powers  and 

duties  as  to  .  .  •  •  •      .    ■  •     ^14 

apprenticeship  council,  members  of,  salaries  of,  relative  to     .      /30 
commissioner,  fish,  weighing,  sorting  or  culling  of,  rules  and 

regulations  relative  to,  establishment  of,  by,  providing  for     415 
industrial  homework,  laws  relative  to,  changes  in,  powers  and 

duties  as  to  .  .  .  •  •  •  •  •     ^64 

labor  practices,  certain,  investigation  and  study  relative  to, 

by      .......  .        Resolve       82 

meat  product  estabHshments,  certain,  wage  rates  and  working 

hours  of  employees  of,  powers  and  duties  as  to         .  .     727 


1-7 


373 

764 

98 

140 

1,2 
1-13 

37 

40  . 

Ill 

82 

ISO 

701 

702 

92 

1-3 

669 

1-3 

426 
762 
506 

1-4 

1-7 


35 


1-13 


Index. 


1249 


Chap. 


Section. 


LABOR  AND  INDUSTRIES,  DEPARTMENT  OF  —  Concluded. 
commissioner  —  Concluded. 

proposed  labor  laws,  certain,  study  of,  by     .  .        Resolve 

public  works  projects,  payment  of  minimum  wages,  on,  powers 

and  duties  as  to  .  .  .  .  .  .  . 

women  and  children,  certain  labor  laws  relative  to,  suspension 
of  operation  of,  by,  authorized       ..... 

conciliation  and  arbitration,  board  of,  members  of,  salaries 
of,  relative  to       .......  . 

employment  of  the  aging,  division  of,  council  on,  member- 
ship of,  increase  of        ......  . 

employment  security,  division  of,  benefits,  weekly  payment 
of,  by,  providing  for     ....... 

director,  salary  of,  increased     ...... 

Wentzell,  Frederick  A.,  adjustment  of  salary  for,  making 
of,  by      .  .  .  .  .  .  .        Resolve 

industrial  accidents,  division  of,  employee,  certain,  of,  civil 
service  status  for  ....... 

Industrial  Accident  Board,  chairman  of,  acting  supervisor 

of  workmen's  compensation  agents,  designation  of,  by 

members  of,  salaries  of,  increased  .... 

state  emploj'ees,  injured,  payment  of  compensation  to, 

powers  and  duties  as  to     . 
workmen's  compensation  law,  certain  proposed  laws  rela- 
tive to,  study  of,  by  .  .  .  .        Resolve 

labor  relations  commission,  members  of,  salaries  of,  relative 

to 

Lake  Quinsigamond,  land  and  buildings  adjacent  to,  acquisition  for 
state  recreation  area,  of         ....  . 

Lakes  (see  Waters  and  waterways). 

Lakeville,  State  Sanatorium,  muscular  dystrophy,  treatment  of,  at 
providing  for        ....... 

town  of  (see  Cities  and  towns). 
Lake  Winneconnet,  management  by  state  division  of  fisheries  and 

game,  of     . 
Lamps,  motor  vehicles,  on,  approval  by  registrar  of  motor  vehicles 

of 

Land  (see  Real  estate). 

Land  Court,  attachments  and  federal  tax  liens,  registration  of,  in 

judges  and  recorders  of,  salaries  of,  established 
Land  forces  (see  Militia). 

Larceny,  fraudulent  checks  to  obtain  services,  use  of,  to  constitute 
crime  of      .......  . 

Lawrence,  city  of  (see  Cities  and  towns). 

Leahy,  James  J.,  issuance  by  state  treasurer  of  new  check,  to 

LeConti,  Anthony,  payment  by  town  of  Watertown  of  sum  of 

money  to    . 
Lee,  town  of  (see  Cities  and  towns). 

Legislative  research  bureau,  special  committees  or  comrnissions, 
expired,  papers,  records  and  materials  of,  disposition  of, 

by . 

Legislative  research  council,  corrective  change  in  law  establishing 

nursing,    practice    of,    investigation    and    study    relative    to, 

by     .......  .       Resolve 

state  aid  for  schools,  payment  of  certain  insurance  premiums  by 
cities  and  towns,  to  investigate  and  study       .       Resolve 
Leiber,  Mary  L.,  acts  as  notary  pubhc  validated  .  .       Resolve 

Leicester,  town  of  (see  Cities  and  towns). 

Lemuel  Shattuck  Hospital,  contracts  by  hospital  service  corpora- 
tions, non-profit,  with,  relative  to  .  .  .  • 
Lexington,  town  of  (see  Cities  and  towns). 

Liberal   Religious   Youth,    consolidation  of  American   Unitarian 
Youth  and  Universalist  Youth  Fellowship  under  name  of 
Librarian,  state  (see  State  Librarian). 
LICENSES  AND  PERMITS: 

alcoholic  beverages  (see  Alcoholic  beverages). 
Boston,  motion  pictures  operators  licenses,  certain,  in,  restriction 
as  to,  removal  of  ....... 

disabled  veterans,  hawkers  and  peddlers  licenses,  for,  relative  to 
field  trials,  shooting  of  game  birds  at,  for  .  .  .  . 

fishing  licenses,  issuance  of,  to  aliens,  authorized 

revocation  of,  relative  to     ......  • 

gasfitters,  Boston,  in,  term  of  ...••• 


40 

180 

106 

730 

32 

136 

530 
730 

33 

47 

784 

Item  1651-02 

703 
730 

36 

602 

48 

730 

34 

519 

1-7 

220 


482 

1.2 

124 

306 
733 

1.2 
3,8 

133 

2 

1,  2 

79 

1,  2 

579 
137 

130 

135 
17 

499 

87 

1-5 

214 

524 

1-3 

292 

647 

4 

1.2 

652 

55 

194 

730 

1 

781 

1,2 

235 

1.2 

502 

736 

91 

122 

1250  Index. 

Chap.  Section. 

LICENSES  AND  PERMITS  —  Concluded. 

hairdressers,  of  (see  Civil  service  and  registration,  department 

of), 
hunting  and  trapping,  for,  revocation  of,  relative  to  .  .     647 

infirmaries,  for      ........  .     662  1-9 

milk,  distribution,  sales,  etc.,  of,  for         .....     757  10,  11 

motion  pictures,  television,  radio,  exhibiting  and  use  of,  on  Lord's 

Day,  certain  provisions  of  law  made  inapplicable  to  .     742 

motor  vehicles,  for  (see  Motor  Vehicles), 
sporting,  hunting,  fishing  or  trapping  applicants  for,  personal 

appearance  requirement,  for,  abolished  .  .  .     209 

taverns,  closing  hours  of,  extension  of,  under    ....     336 

Licensing  authorities,  local,  alcoholic  beverages  control  commis-  ("461 
sion,  appeals  to,  from  actions  of    .  .  .  .  .  \  477 

licenses  for  sales  of  alcoholic  beverages,  holders  of,  sales  of 
stock  by,  powers  and  duties  as  to 
Liddell,  E.  Viola,  acts  as  notary  public  validated  .       Resolve 

Liens,  betterment  assessments  for,  duration  of        ...  . 

Lieutenant  governor,  salary  of,  relative  to  .... 

Life  insurance  (see  Insurance) . 

Limitations,  statutes  of,  robbery,  and  certain  related  crimes,  ex- 
tension of  time,  for,  under    ...... 

torts,  motor  vehicle  cases,  certain,  change  in  time  for  com- 
mencement of  action    ....... 

Liquors  (see  Alcoholic  beverages) . 

Little  River,  improvement  by  state  department  of  public  works,  of 

Load  limits,  permissible,  certain  motor  vehicles  for 

Loads,  excessive,  bridges  on,  penalty  for         ..... 

Loans,  credit  unions,  by,  real  estate,  on         ....  . 

real  estate,  on  (see  Mortgages), 
trust  companies  by  (see  Banks  and  banking). 
See  also  County  finance;   Municipal  finance;   State  finance. 
Lockers,  railroad  employees  for,  providing  for         ....       92 

Lodging  houses,  listing  of  certain  persons  residing  therein  on  the 

first  of  each  year,  duties  of  keepers  of,  as  to   .  .  .     176 

Logan  International  Airport,  additional  land  for,  providmg  for    .     438  1,  2 

further  development  of,  appropriation  for         .  .  .  .175  1-3 

overpass   running   to,    designated    as   Professor    Enrico    Ferini 

Overpass    .........     532 

Longfellow  bridge,  Cambridge  end,  of,  reconstruction  by  Metropoli- 
tan District  Commission,  of  .....     329 

Longmeadow,  town  of  (see  Cities  and  towns). 

Lopes,  Antonio  C,  payment  by  town  of  Scituate  of  sum  of  money  to     369  1,  2 

Lord's  Day,  bait,  sale  of,  on,  authorized         .....     304 

dancing  at  celebrations  of  religious  customs  or  rituals,  on,  per- 
mission for  ........     355  1,  2 

motion  pictures,  exhibiting  of,  radio  or  television  use  of,  on,  rela- 
tive to         .  _ 742 

Lowell,  city  of  (see  Cities  and  towns). 

Technological  Institute  of  Massachusetts,  board  of  trustees  of, 
acquisition  by  eminent  domain  of  certain  land  in  the  city 
of  Lowell,  by       .......  . 

conveyance  of  certain  land,  by  ....  . 

president,  salary  of,  relative  to    . 
Lubricating  oil  (see  Motor  fuel). 

Ludlow  Savings  Bank,  acquisition  of  additional  real  estate  for  park- 
ing piu-poses,  by,  authorized  ..... 

town  of  (see  Cities  and  towns). 
Lunenburg  Water  District,  treasurer  of,  term  of  office  of,  relative  to 
Lynn,  city  of  (see  Cities  and  towns). 

Gas  and  Electric  Company,  lines,  poles  and  equipment,  certain, 

of,  locations  of,  validated      .  .  .  .  .  .215  1,2 

Lynnfield,  town  of  (see  Cities  and  towns). 


M. 

Mahan,  Arthur  U.,  widow  of,  payment  by  commonwealth  of  sum 

of  money  to         .....  .        Resolve       61 

J.  Robert,  present  member  of  house  of  representatives,  payment 

of  salary  to  .....  .        Resolve       91 


351 
621 
730 

1.  2 
41A 

104 

1,  2 

115 

1.  2 

Index.  1251 

Chap.  Section. 

Mail,  certified  (see  Certified  mail). 

registered  (see  Registered  mail). 
Maiden,  city  of  (see  Cities  and  towns). 

Housing  Authority,  park  land,  certain  conveyance  of  by  city  of 

Maiden,  to .599  1-3 

Stadium  and  Athletic  Field  Commission,  personnel  of,  change  in       57 
Mammals,  removal  from  tidewaters  and  shores  by  department  of 

public  works        ........     464 

Manchester,  town  of  (see  Cities  and  towns). 

Manicurists,  non-resident,  renewal  of  registration,  of     .  .  .     435 

registration  of  (see  Civil  service  and  registration,  department  of), 
renewal  of  registrations,  of,  relative  to     .  .  .  .  .     434 

Marijuana,  further  definition  of  ......     100  1,  2 

Marine  Corps  League,  state  convention  of,  proper  representation  of 

commonwealth,  at        ....  .        Resolve       34 

Marshfield,  town  of  (see  Cities  and  towns). 

Martha's  Vineyard,  program  of  public  nursing  on,  establishment  of     402  1-8 

Massachusetts,  Aeronautics  Commission,  Chelsea  Creek,  construc- 
tion of  bridge  over,  by,  providing  for      .  .  .  .     436 

Federal  Aeronautics  Board,  certain  papers  and  reports  of,  use 

as  evidence,  of,  study  relative  to,  by      .  .        Resolve     103 

inspectors,  violations  of  certain  aeronautical  laws  and  regula- 
tions, arrests  for,  by,  clarification  of  law  relative  to  .     189 
Uniform  Aircraft  Financial  Responsibility  Act,  powers  and 

duties  as  to 666  1,  2 

Air  National  Guard,  armory  site  for  units,  of,  providing  for       .     460 
Bay  Circuit,  so  called,  plans  and  proposals,  for,  investigation  and 

study  relative  to,  further  continued        .  .        Resolve       41 

Maritime  Academy,  board  of  commissioners  of,  transfer  of  cer- 
tain land  to  town  of  Barnstable,  by        .  .  .  .     556 

Military  Academy,  appropriation  for,  relative  to       .  .  .     468 

Port  Authority,   creation  of,  investigation  and  study  relative 

to       .......  .        Resolve     146 

public  building  commission,  special  capital  outlay  program  for 

commonwealth,  powers  and  duties  as  to  .  .  .     282  1,  2 

State  College  Building  Association  (see  University  of  Massachu- 
setts Building  Association). 
Turnpike  Authority,  drainage  standards  of,  construction  on  or 

over  water  and  waterways,  by,  relative  to       .  .  .     213 

police  service  for,  providing  for  by  commissioner  of  public 

safety  .......••     552  1,  2 

rules  and  regulations  of,  penalties  for  violation  of  .  .     653  1,  2 

starting  point  of  road  to  be  constructed  by,  relative  to  .  .47 

University   of,   Building  Association,   holding  of  property  by, 

leasing  of  certain  state  land,  to,  relative  to     .  .  .     444  1,  2 

trustees  of,  leasing  of  certain  state  land,  by,  relative  to  .     444  2 

natural  resources,  study  relative  to,  by,  jointly  with  depart- 
ment of  natural  resources     ......     439 

Maynard,  town  of  (see  Cities  and  towns). 

McCarthy,  Paul  A.,  Memorial,  unit  of  Lemuel  Shattuck  hospital 

designated  as 784  Item  2026-21 

overpass,  certain  overpass  in  city  of  Somerville  designated  as   .     393 
McDonald,  Walter  R.,  widow  of,  payment  by  commonwealth  of  an 

annuity  to  ......        Resolve     126 

Mechanical  establishments,   allowance  of  hours  for  meals  for 

women  and  children,  in  .  .  .  .  .  .111 

Medford,  city  of  (see  Cities  and  towns). 

Housing  Authority,  state-aided  veterans  housing  project,  Med- 
ford 200-2,  liquidation  and  abandonment  of,  by      .  .     572 
Medical  and  dental  school,  state,  establishment  of,  special  com- 
mission to  investigate  and  study,  revived  and  further  con- 
tinued        .......       Resolve      87 

Medical  examiners,  deceased  persons,  property  found  at  or  near 

bodies  of,  custody  and  dehvery  of,  powers  and  duties  as  to     162 
Suffolk  county,  of,  salaries  of,  increased  .....     422 

Medical  expenses,  certain,  allowable  as  tax  deduction   .  .  .     717  1,  2 

Medical  institutions,  public,  standards  for,  establishment  of  by 

department  of  public  health,  providing  for       .  .  .     367 

Medical  laboratory  teclmologists,  schools  for  training  of,  relative 

to       .  . 759  1,2 

Medical  service  corporations,  contracts  with  governmental  agen- 
cies for  providing  medical  service,  making  of,  by,  au- 
thorized     .........     186 


1252  Index. 

Chap.  Section. 

Medicine,  board  of  registration  in  (see  Civil  service  and  registra- 
tion, department  of). 
MENTAL   HEALTH,    DEPARTMENT    OF: 

in  general,  employees  of  institutions  under,  replacement  of  uni- 
forms, for,  by      .......  .     561 

land,  certain,  in  town  of  Danvers,  conveyance  of  to  depart- 
ment of  public  works,  by      .....  .     593  2 

laundry  service,  supervisor  of,  civil  service  status  for     .  .     784  Item  1701-02 

mentally  ill,  hospitalization,  care  and  commitment  of,  powers 

and  duties  as  to  .  .  .  .  .  .  .     637  1-15 

out-patient  clinics,  of,  practice  of  medicine  by  internes,  fellows 

or  medical  officers,  in,  relative  to  .  .  .  .  .     526 

psychiatric  service,  availability  to  district  courts,  of,  study 

relative  to,  by,  further  continued  .  .        Resolve       92 

commissioner,  land,  certain,  conveyance  to  Foster  Post  No. 

93,  American  Legion,  by  .  .  .  .  .  .     644  1-3 

in  city  of  Northampton,  conveyance  of,  by     .  .  .     159 

in  town  of  Belmont,  conveyance  of,  by  ...     513  1-4 

Mentally  ill,  care,  treatment,  commitment  and  discharge  of,  spe-  1     oc 
cial  commission  to  investigate  and  study,  further  con-  \  ,qq 
tinued         .......      Resolves  J 

hospitalization,  care  and  commitment  of,  procedures  for,  further 

regulation  of        .......  .     637  1-15 

Merit  rating  system,  assessment  of  points,  under  .  .     417 

Merrimack,  river,  bridge,  certain,  over,  construction  of,  investiga- 
tion and  study  relative  to     .  .  .  .        Resolve     121 

town  of  (see  Cities  and  towns). 
Meters,  parking  (see  Cities  and  towns). 
Methuen,  town  of  (see  Cities  and  towns). 
METROPOLITAN  DISTRICT  COMMISSION: 

Beaver  Brook  Reservation,  improvement  and  further  develop- 
ment of ,  by  .  .  .  .  .  .  .  .     296 

Boston,  area,  certain,  of,  recreation  areas,  in,  construction  of,  b3''     558 
Columbia  Road,  Old  Colony  Avenue,  portion,  certain,  of,  care, 

control,  and  maintenance  of,  transfer  of,  to    .  .  .     570  1,  2 

boulevards,  under  control  of,  property  abutting  on,  investigation 

and  study  relative  to,  revived  and  continued  .        Resolve       42 
brooks,    certain,    in    Stoneham,    Wakefield,    Melrose,    Maiden, 
Everett  and  Revere,  drainage  and  flood  control  facilities 
in,  construction  of,  by  ......     574  1-4 

Charles  river,  and  its  tributaries,  flood  control  for,  construction 

of,  by 768  1-5 

portions,  certain,  of,  study  relative  to  improvement  of,  by     .  |  r  t^ 

Chelsea  and  Revere,  property  owners,  certain,  in,  reimbursement 

for  damages  caused  by  dumping  of  sewerage,  by  Resolve     149 
Cochituate  aqueduct,  transfer  of  certain  portion  of,  to  city  of 

Newton,  by 419  1-3 

Cozza  circle.  Technical  Sergeant  Victor  J.  and  Staff  Sergeant 
Salvatore  E.,  certain  traffic  circle  in  city  of  Somerville 
designated  as,  erection  of  suitable  marker  at,  by  Resolve       25 
Cranberry  brook,  flooding  of,  cause  of,  investigation  and  study 

relative  to,  by     .  .  .  .  .  .        Resolve       74 

Dooley,  John  H.  Memorial  Playground,  play  area  in  Hyde  Park 
district   of   Boston   designated   as,    erection   of   suitable 
marker  at,  by      .  .  .  .  .  .  .  .     297 

employee,  certain,  of,  civil  service  status  for     .  .  .  .     784  Item  2931-06 

Everett,  certain  proposed  interchange  designated  as  General  E. 
Leroy  Sweetser  interchange,  erection  of  suitable  marker 
at,  by  .  .  .  .  .  .  .        Resolve       14 

Fellsmere  pond,  improvement  of,  by,  authorized        .  .  .     655 

Foss,  Saxton  C.  park,  erection  of  suitable  marker  at,  by    .  .     350 

Fimds,  Clinton  Sewage  Disposal  Works,  additional  funds  for, 

appropriation  for,  from  ......     541  1-3 

Fiurnace  brook,  enclosure  by  pipe  or  conduit,  of,  by  .  .  .     600 

Hayes,  Henry  R.,  former  superintendent  of,  payment  of  vaca- 
tion allowances  to,  providing  for   .  .  .        Resolve       19 
incinerators,  certain,  locations  for,  repeal  of  provisions  of  law 

relative  to,  as  affecting  ......     773  1,  2 

Longfellow  bridge,  Cambridge  end,  of,  reconstruction  at,  by       .     329 
Massachusetts  Bay  Circuit,  so  called,  plans  and  proposals  for, 
investigation  and  study  relative  to,  as  part  of  joint  board, 
by,  further  continued  .....        Resolve       41 


Index.  1253 

Chap.  Section. 

METROPOLITAN  DISTRICT  COMMISSION  —  Concluded. 

Metropolitan  Parks  Trust  Fund,  deposits  to  and  expenditures 

from,  by,  relative  to     .  .  .  .  ...     693  2,  3 

metropolitan  water  system,  distributing  mains  of,  extension  into 
counties  of  Plymouth  and  Bristol,  of,  investigation  and 
study  relative  to,  by,  continued     .  .  .        Resolve       65 

Milford,  Louisa   lake,  in,  improvement   of,  study   relative   to, 

by      ....-••  •        Resolve     14.3 

Morrissey  boulevard,  construction  of  certain  overpass,  on,  by    .     260 

Mystic  river,  and  land  adjacent  to,  improvement  of,  study  rela- 
tive to,  by Resolve       79 

Nantasket  beach,  pier  and  wharf,  at,  investigation  and  study 
jointly  with  department  of  public  works  relative  to 
Resolve 95 

Neponset  River  Drainage  and  Flood  Control  Apportionment 

Board,  establishment  of,  within     .....     743  5,  6 

Neponset  river,  flood  conditions,  of,  relief  of,  reclamation  of  land 

adjacent  thereto,  providing  for,  by       _  .  .  .  .     743  1-9 

lands  adjacent  to,  draining  of,  study  relative  to,  further  con- 
tinued        .......       Resolve      56 

New  York,  New  Haven  and  Hartford  Railroad,  conveyance  of 

certain  land,  to,  by      .  .  .  .  .  .  •     778  1-3 

,  North  metropolitan  sewer,  Chelsea,  in,  repairs  to,  by,  providing 

funds  for 682  1-4 

playgrounds,  recreational  facilities,  construction  and  improve- 

ment  of,  by  .  .  .  .  .     _     .  .       .    •     731  1-4 

swimming  pools,  recreational  areas,  construction  and  main- 
taining of,  investigation  and  study  relative  to,  by   Resolve     123 

Prison  Point  bridge,  policing  of,  by  .  .  .  .  .     239 

Revere,  Shaw  beach  and  Roughan's  Point,  in,  sea  wall  at,  raising 

of,  by .  -473 

Ryan,  Reverend  Francis  A.  Memorial  playground,  certain  play- 
ground area  in  Mattapan  district  of  city  of  Boston  desig- 
nated as,  erection  of  suitable  marker  at,  by    .  .      _    .     295 

shore  and  beach  erosion,  certain,  investigation  and  study  relative 

to,  by  .  .  .  .  .  .  .        Resolve       99 

Somerville,  certain  overpass  on  Monsignor  McGrath  Highway 
designated  as  Paul  A.  McCarthy  overpass,  erection  of 
suitable  marker  at,  by  .  .  .  .  .         _.     393 

south  metropolitan  sewerage  district,  Randolph,  town  of,  addi- 
tion of,  to,  powers  and  duties  as  to         .  .  .  •     410  1-10 
sewerage  works,  certain,  within,  cost  of,  additional  funds  for       _ 

expenditure  by,  providing  for         .....     551  1-4 

Veterans  Memorial  Park,  new  little  league  park  in  city  of  Med- 

ford  designated  as,  erection  of  suitable  plaque  at,  by         .     431 

Waltham,  Chester  brook  and  Beaver  brook,  in,  drainage  condi- 
tions of,  study  relative  to,  by         .  .  .        Resolve     138 

Watertown  square,  construction  to  relieve  traffic  congestion  at, 

providing  for,  by  .......     689 

Westwood,  town  of,  sewers  and  drains,  system  of,  for,  powers 

and  duties  as  to  .  .  .  .  .  .    _      •     380  13,  14 

Woods,  Edward  Melvin  bridge,  certain  bridge  over  Maiden  river 

designated  as,  erection  of  suitable  plaque  at,  by      .  .     425 

World  War  Memorial  park,  addition  of  land  to,  care  and  control 

of,  by 438  2 

METROPOLITAN  SEWERAGE  DISTRICTS: 

south,  Randolph,  town  of,  addition  of,  to  .  .  .  .     410  1   10 

Metropolitan  State  Hospital,  building  for  psychotic  children  at,       _ 

designated  as  Gaebler  Children's  Unit    ....     279  1,  2 

METROPOLITAN  TRANSIT  AUTHORITY: 

advisory  board,  of,  powers  and  duties  of,  relative  to  .  .     725  1-5 

board  of  trustees,  of,  membership  of,  powers  and  duties  of,  rela- 
tive to         725  1-5 

bond  issues,  certain,  unexpended  proceeds  of,  use  of,  by,  rela- 
tive to .     277  1-3 

deficiency,  certain,  of,  method  of  assessing  amount  which  com- 
monwealth may  be  called  upon  to  pay,  relative  to  .  .     229  1,  2 

employees,  certain,  in  military  service,  payment  of,  by,  change 

in  law  relative  to  .  .  .  .  .  • .  .  .   •     ^^^  ^'  ^ 

fare  rates,  increase  of,  hearings  by  department  of  public  utilities 

relative  to 719  1,  2 

motor  buses  of,  width  of,  relative  to         ....  .     165  1,  2 

Middlefield,  town  of  (see  Cities  and  towns). 


1254  Index. 

Chap.  Section. 

MIDDLESEX  COUNTY : 

appropriation  for  maintenance,  etc.,  of    .  .  .  .  .     765  1 

Middle  ton,  town  of  (see  Cities  and  towns). 
Milford,  town  of  (see  Cities  and  towns). 
Military  aid  (see  Veterans'  benefits) . 

MILITARY  AND  NAVAL  SERVICE  OF  THE  UNITED  STATES: 
Metropolitan  Transit  Authority  employees,  law  relative  to  pay- 
ment of,  corrective  changes  in        ....  .     280  1,  2 

motor  vehicle  operators'  licenses,  of,  termination  and  renewal  of, 

relative  to  ........     507 

public  officers  and  employees,  in,  reinstatement  in  former  posi- 
tions, of,  act  providing  for,  extension  of  ... 
uniforms  of,  unlawful  wearing  of     . 
Military  Order  of  the  Purple  Heart,  filing  certain  information  with 
division  of  public  charities,  exemption  from,  for 
national  convention  of,  proper  representation  of  commonwealth 
at,  providing  for            .....        Resolve 

Military  reservation  commission,  land,  certain,  sale  of,  by 
MILITIA: 

laws  relative  to,  investigation  and  study  relative  to,  providing 
.  .      for     .  .  .  .  .  .  .  .        Resolve 

military  reservations,  sale  of  certain,  providing  for    . 

unlawful  wearing  of  uniforms,  of,  penalty  for   .... 

Milk,  standards  for,  containers  for,  and  licenses  issued  in  connection 
with  distribution  of      ......  . 

Millis,  town  of  (see  Cities  and  towns). 

Mills,  steel  (see  Steel  mills). 

Milton,  town  of  (see  Cities  and  towns). 

Minimum  fair  wage  rates,  increase  of         ....  . 

Monson    State    Hospital,    building,    certain,    at,    designated    as 
Beatrice  V.  Buckley  Building         ..... 

Montague,  town  of  (see  Cities  and  towns). 

Mortgages,  co-operative  banks,  of,  relative  to        ...  . 

terms  and  amounts  of,  relative  to         ....  . 

domestic  insurance  companies,  investments  in  loans,  on     . 
Mother's  Day,  proclamation  as  to        . 

Motion  picture  film,  nitrate,  certain,  storage,  distribution  and  ex- 
hibition of,  prohibited  ...... 

Motion  picture  operators,  licenses  for  (see  Licenses  and  permits). 
Motion  pictures,  exhibition  of.  Lord's  Day,  on,  relative  to     .  .     742 

Motor  fuel,  lubricating  oil,  labelling  of  certain  equipment  used  for 

storage  or  dispensing  of,  relative  to         ...  .     183 

Motor  vehicle  liability  insurance,   compulsory   (see  Insurance; 

Motor  vehicles). 
MOTOR  VEHICLES: 

bridges,  excessive  loads  on,  penalty  for    .....       91 

common  carriers,  by,  illegal  rate  practices,  by,  responsibility  for, 
further  defined    ........ 

conditional  sales  contracts,  for,  prepayment  of,  providing  for 
deceased  owners  of,  informal  administration  of  estates  of,  rela- 
tive to         ........  . 

disabled  persons,  exemption  from  certain  parking  fees  and  pen- 
alties, for    ......... 

disabled  veterans,  excise  tax  exemption  for,  on  .  .  . 

excise  tax,  on,  relative  to        ......  . 

farm  vehicles,  operating  radius,  of,  increase  of  ... 

fuel,  lubricating  oil,  for,  equipment,  certain,  used  for  storage  or 

dispensing  of,  labelling  of,  relative  to     .  .  .  .     183 

head  lamps  and  rear  lamps,  on,  approval  by  registrar  of  motor 

vehicles,  of  ........     124 

liability  for  bodily  injuries,  etc.,  caused  by,  bonds  and  policies, 
board  of  appeal  on,  appeals  from  decisions  of,  original 
jurisdiction  of,  granted  to  municipal  court  of  the  city  of 
Boston    ......... 

insurance  for,  death  of  owners,  extension  of  coverage  in 
event  of,  relative  to        .....  . 

word,  "trailer,"  inserted  in  certain  provision  relative  to 
licenses  to  operate,  duplicates  of,  issuance  in  certain  cases,  of 
expiration  dates  of,  fee  for  ...... 

persons  in  armed  forces,  for,  renewal  of         ...  . 

revocation  of,  upon  conviction  for  certain  offenses,  relative  to 
load  limits,  permissible,  for  certain,  relative  to  .  .  . 

loads,  excessive,  bridges,  on,  penalty  for  ..... 


767 
204 

1,2 

203 

71 
665 

1,  2 

133 
665 
204 

1,2 

757 

1-11 

762 

1-4 

8 

1,  2 

146 
118 
208 
265 

1,  2 
2 

152 

1.  2 

353 
455 

1,2 

413 

1,  2 

458 
320 
587 
483 

1-3 

1-3 
1,  2 

412 

1,2 

283 

1-3 

172 

205 

488 

1-3 

507 

198 

1-3 

736 

91 

Index. 


Chap. 
MOTOR  VEHICLES  —  Concluded. 

merit  rating  system,  assessment  of  points,  under,  relative  to       .     417 
Metropolitan  Transit  Authority,  of  (see  Metropolitan  Transit 

Authority) . 
ODeration  of,  non-residents,  by,  relative  to        ...  .     314 

751 
private  ways  and  parking  areas,  statutory  regulations  as  to 

speed  and  use  of,  by    .  .  .  .  .  .  .     135 

torts,  actions  for,  commencement  of,  time  for,  extended     .  .     235 

venue  of  district  courts  in     .  .  .  .  .  .158 

trailers,  inclusion  of  in  certain  provision  of  law  relative  to  regis- 
tration, of  ........     172 

service  of  process  in  cases  arising  from  operation  of         .  .196 

trespass,  by,  criminal  prosecutions  for,  relative  to     .  .  .     269 

Mount  Greylock,  television  broadcasting  site  on,  relative  to  .     504 

Tramway  Authority,  toll  tramway,  construction,  maintenance 

and  operation  of  .......     476 

Mount  Pleasant,  Sewer  District,  establishment  of  .  .  .671 

Water  District,  establishment  of     .  .  .  .  .  .     664 

Mount  Washington,  town  of  (see  Cities  and  towns). 

Muhr,  George  E.,  retirement  rights  of  .  .  .  .  .691 

Municipal  courts  (see  District  courts). 
MUNICIPAL   FINANCE: 

borrowing  of  money,    under   act   creating  Emergency  Finance 

Board,  opportunity  to  cities  and  towns  for,  extension  of    262 
further  extension  of      ......  .     726 

budgets,  laws  relative  to,  special  commission  to  investigate  and 

study,  revived  and  continued         .  .  .        Resolve       31 

gypsy  moth,  suppression  of,  cost  of,  payment  by  cities  and  towns 

in  three  equal  installments   ......     497 

incinerators,  construction,  operation  and  maintenance  of,  bor- 
rowing of  money,  for    . 
Municipal  Relief  Loan,  act  of  1955,  bonds  of  notes  issued  under, 
relative  to  ........ 

public  welfare  and  veterans  benefits,  borrowing  of  money  for 
purposes  of  .  .  .  .  .  .  .  . 

real  estate  sales,  payments  in  lieu  of  taxes  on,  veterans  housing, 
certain,  exempted  from  provisions  relative  to 
payments  received  for  taxes,  disposition  of   . 
regional  planning  districts,  costs  and  expenses  of,  apportionment  /  374 
of,  by  cities  and  towns  ...... 

tax  rates,  reduction  of,  use  of  certain  available  funds  for  pxirposes 

of 

towns,  indebtedness,  incurring  of  in  certain  cases  of  extreme 

emergency,  votes  necessary  for       ....  .     259 

indemnity  insurance,  volunteer  firemen,  certain,  for,  payment 

for,  by        ........  .     385 

workmen's  compensation  losses,  extraordinary,  insurance  pro- 
tection against,  payments  for,  by,  authorized  .  .     291 
MUNICIPAL   OFFICERS   AND   EMPLOYEES: 

contributory  group  hfe,  accident,  hospitalization,  medical  and 

surgical  insurance,  for,  providing  for      ....     760 

firefighters,  overtime  service,  by,  compensation  for,  authorized  .     195 
military  or  naval  forces,  in,  reinstatement  in  former  position, 

of,  act  providing  for,  extension  of  ....     767 

nurses,  certain,  temporary  employment  of         ...  .     553 

personnel  relations  review  boards,  estabUshment  of,  to  adjust 

grievances,  of      .......  .     294 

town  officers,  certain,  oath  of  oflBce  of,  relative  to      .  .  .123 

workmen's  compensation,  extension  of  provisions  to  employees 

working  for  another  governmental  unit  .  .  .681 

Municipalities  (see  Cities  and  towns). 
Museum  of  Fine  Arts,   holding  of  additional  real  and  personal 

estate,  by,  authorized  ......       37 

Musquashiat  pond,  control  of  insect  life  on,  relative  to  423 

Mystic,  pond,  draining  and  filling  of,  investigation  and  study  rela- 
tive to         ......  .        Resolve     105 

river,    land,   certain,  adjacent    to,   improvement    of,  study  by 

metropolitan  district  commission,  relative  to  .       Resolve       79 


1255 

Seotion. 


1,  2 
1.  2 


1.2 


1,  2 


1-10 
1-15 
1-14 

1,2 


1,2 
1-3 


85 

1,2 

18 

1-4 

18 

1-4 

401 
247 
374 
656 

1-3 

202 

1,2 

1-3 
1,  2 


1.2 


1256  Index. 

N. 


Chap.  Section. 


319 

1,2 

100 

1.  2 

610 
400 

85 

439 

544 

1-3 

538 

1-3 

672 

588 

1.  2 

520 

1.  2 

281 

1,  2 

568 

97 

575 

1-4 

Nahant,  town  of  (see  Cities  and  towns). 

Nantasket  beach,  pier  and  wharf,  at,  investigation  and  study  rela- 
tive to,  pro\iding  for   .  .  .  .  .        Resolve       95 

Nantucket,  County,  state  forest,  in,  removal  of  fire  hazard  and  re- 
planting of  trees,  in,  providing  for  .... 

town  of  (see  Cities  and  towns). 
Narcotics,  cannabis,  further  definition  of       ....  . 

illegal  possession  of;   reporting  of  cases  of  poisoning  from,  rela- 
tive to         ........  . 

sale  of  certain,  by  pharmacists,  further  regulation  of 
See  also  Drugs. 
National  Guard  (see  Militia). 
NATURAL   RESOURCES,    DEPARTMENT   OP: 

Adams,  town  of,  recreational  and  swimming  facilities,  in,  estab- 
lishment    of,     investigation     and     study     relative     to, 

by Resolve 

board  of,  natural  resources,  study,  certain,  relative  to,  by 
Camp  Sea  Havenj^for  Infantile  Paralysis,  Inc.,  construction  of 

road  to,  by 
commissioner  of ,  Berkley,  town  of,  land,  certain,  in,  acquisition 

of,  by 

land,  acquiring  of,  by 

certain,  conveyance  to  town  of  Agawam,  by       .  . 

conveyance  to  town  of  Lynnfield,  by      . 
conveyance  to  town  of  West  Springfield,  by    . 
Demarest  Lloyd  Memorial  State  Park,  development  of,  by 
dutch     elm     disease,     investigation     and     study    relative    to, 
by     .......         .       Resolve 

employees,  certain,  of,  permanent  civil  service  status  for 
great  ponds,  submerged  weeds,  in,  elimination  or  control  of, 
investigation    of   joint    board    established    for    purposes 

of Resolve       28 

Lake  Quinsigamond,  land  and  buildings  adjacent  to,  acquisition 

of,  for  state  park,  by   .  .  .  .  .  .  .     519  1-7 

Massachusetts  Bay  Circuit,  so  called,  plans  and  proposals  for, 
investigation  and  study  relative  to,  as  part  of  joint  board, 
by,  further,  continued  ....        Resolve       41 

Middlefield  State  Forest,  reconstruction  of  dam,  in,  by,  pro- 
viding for Resolve       57 

pine  looper  moths,  suppression  of,  by       .          .          .          .          .     465  1,  2 
Robinson  State  Park,  easement  in,  granting  of,  to  city  of  Spring- 
field, by 508 

Taconic  Trail,  land,  certain,  along,  acquisition  of,  by         .  .     578 
tourist  routes,  establishment  of  system  of,  by,  jointly  with  de- 
partment   of    public    works    and    department    of    com- 
merce           Resolve     110 

Truro,  town  of.  Pilgrim  Spring,  in,  establishment  of  state  park 

at,  by         . 
United  States,  Fish  and  Wildlife  Service  of,  leasing  of  certain 
land  from,  by      .......  . 

Walden  Pond  State  Reservation,  additional  land  for,  acquiring 

,.  .  .  of,  by 

divisions  of : 

fisheries  and  game,  director,  acquisition  of  certain  lands  in 
towns  of  Barre  and  Phillipston,  by,  providing  for 
field  trials,  shooting  of  game  birds,  at,  licensing  of,  by 
fishing  licenses,  issuance  to  aliens,  of,  by   . 
Hanson,  town  of,  fishing  rules  and  regulations  made  by, 

approval  of,  by  . 
hunting,  fishing  and  trapping  licenses,  revocation  of,  rela- 
tive to         ........  . 

Lake  Winneconnet,  management  of,  by,  authorized    . 
forests  and  parks,  Berkshire  County,  forest  fire  truck,  addi- 
tional, for,  providing  for,  by  .....     405 

chief  superintendent,  suppression  of  Japanese  beetle  and 

pinelooper,  rules  and  regulations  relative  to,  making  of,  by     340 
Nantucket  County,  state  forest  in,  removal  of  fire  hazard 

and  replanting  of  trees,  in,  by        .  .  .  .  .     319  1,  2 

public  forests,  parks  and  other  lands,  further  development 
of,  powers  and  duties  as  to  .  .  .  .  .  .471 

law  enforcement,  director,  deer  damage,  powers  and  duties  as  to     509 

field  trials,  shooting  of  game  birds  at,  supervision  of,  by     .     524  1-3 


523 

1-4 

544 

1-3 

566 

1-3 

356 
524 
292 

1.  2 

2,  3 

103 

1 

647 
482 

1.  2 

Index.  1257 

Chap.  Section. 

Needham,  town  of  (see  Cities  and  towns). 

Neglected  children  (see  Children). 

NepoDset  River  Drainage  and  Flood  Control  Apportionment 

Board,  establishment  of,  powers  and  duties  of         .  .     743  5,  6 

Neponset  River,  lands  adjacent  to,  draining  of,  study  relative  to, 

further,  continued         .....        Resolve       56 

New  Bedford,  city  of  (see  Cities  and  towns). 

New  England,  Board  of  Education,  establishment  of,  special  com- 
mission to  investigate  and  study,  providing  for       Resolve       87 
Telephone  and  Telegraph  Company,  lines,  poles  and  equipment, 

certain,  of,  locations  of,  validated  ....     215  1,  2 

New  Industrial  Plants  Foundation  of  Lowell,  Inc.,  investments 

by  savings  banks  in  participating  mortgage  loans  of  .     346  1,  2 

Newton,  city  of  (see  Cities  and  towns). 

New  York,  New  Haven  and  Hartford  Railroad,  conveyance  by 

Metropolitan  District  Commission  of  certain  land,  to     .     778  1-3 

Nine  Mile  Pond,  public  access  to,  establishment  of         .  .  .     253  1-6 

Ninth  Regiment  of  Infantry,  Massachusetts  Volunteers,  mural 
in  commemoration  of,  special  commission  to  investigate 
and  study  .......        Resolve       70 

Nitrate  motion  picture  film,  certain,  storage,  distribution  and 

exhibition  of,  prohibited        ......     152  1,  2 

Nomination  of  candidates  (see  Elections). 

Non-residents,  hairdressers  (see  Hairdressers). 

income  earned  in  commonwealth,  by,  taxation  of      .  .  .     780  1-10 

operation  of  motor  vehicles,  by,  relative  to       ...  .     314 

service  of  process  on,  relative  to      .....  .     360 

Norfolk  County,  appropriation  for  maintenance,  etc.,  of         .  .     765  1 

North  Adams,  city  of  (see  Cities  and  towns). 

Northampton,  city  of  (see  Cities  and  towns). 

State  Hospital,  land,  certain,  of  commonwealth,  at,  conveyance 

of 159 

North  Andover,  town  of  (see  Cities  and  towns). 

Northborough,  town  of  (see  Cities  and  towns). 

Northeastern  University,  amount  of  property  to  be  held  bj%  in- 
crease of     ........  .     134 

North  Shore  Childrens'  Friend  Society,  holding  of  additional  real 

and  personal  property,  by,  authorized    ....       27  1,  2 

Norton,  town  of  (see  Cities  and  towns). 

Norwich  Lake,  public  access  to,  establishment  of  ...     254  1-5 

Notes,  cities  and  towns,  of  (see  Municipal  Finance), 
commonwealth,  of  (see  State  finance), 
counties,  of  (see  County  finance). 

Nuisance,  public,  Japanese  beetle  and  pine  looper  included  in  defi- 
nition of     ........         .     340 

Nurses,  temporary  employment  by  commonwealth  and  political  sub- 
divisions, of         .......  .     553 

Nursing,  board  of  registration  in  (see  Civil  service  and  registration, 
department  of), 
practice  of,  investigation  and  study  by  legislative  research  coun- 
cil relative  to       .....  .        Resolve     130 

Nutting's  Lake,  dredging  of,  feasibility  of,  investigation  and  study 

relative  to,  providing  for       ....       Resolve       63 


0. 

Oak  Bluffs,  town  of  (see  Cities  and  towns). 

O'Connell,  Lt.  Edmund  J.,  Bridge,  certain  bridge  on  Southeast 

Expressway  designated  as     .  .  .  .  .  .     500 

Offences,  criminal  (see  Criminal  procedure  and  practice). 

Office  building  commission,  state,  revived  and  continued    Resolve      94 

Officers,  counties  (see  Counties). 

mihtia  (see  Militia). 

municipal  (see  Municipal  officers  and  employees). 

police  (see  Police  officers). 

probation  (see  Probation  officers). 

Btate  (see  Commonwealth). 

See  also  specific  titles  of  officers. 
Old  Age  Assistance,  so  called,  horse  and  dog  race  meetings,  certain, 

tax  upon,  to  be  credited  to  fund  for        .  .  .  .     276 

inmates  of  boarding  homes,  minimum  weekly  rate  for  care  of, 

establishment  of  .......     603 

transportation  allowance,  monthly,  providing  for,  to  recipients  of     728  1,  2 


1258  Index. 

Chap.  Seetion. 

Old  Age  Assistance  Fund,  abolishment  of,  crediting  of  funds  for 

old-age  assistance  to  General  Fund         ....     540  1-7 

On-farm  training,  so  called,  veterans  of  Korean  emergency  for, 

providing  for        ........     680 

101st  Airborne  Division  Association,  national  convention  in  city 
of  Boston,  proper  representation  of  commonwealth  at, 
providing  for       .  .  .  .  .     _     .        Resolve       12 

Operators,  beauty,  non-resident,  renewal  of  registrations,  of  . 
renewal  of  registrations,  of  ..... 

registration  of  (see  Civil  service  and  registration,  department  of) 
Opticians,  dispensing,  board  of  registration  of,  establishment  of 
Outdoor  Advertising  Authority,  aboUshment  of 
Outdoor  Advertising  Division  (see  Public  works,  department  of) 


435 
434 

688  1-4 

584  1,  2 


P. 

Palmer,  town  of  (see  Cities  and  towns). 

Paralysis,   hospitals  for  persons  suffering  from,  investigation  and 

study  by  deoartment  of  public  health  relative  to     Resolve     101 
Parents,  support  of,  liability  of  children  for,  relative  to  .  .     492  1-3 

Parenzo,    Anthony,    Memorial    Building,    new    administration 
building  at  Westfield  State  Teachers'  College  designated 
as      .         .  .  .  .  .  .  •  .      .   •     383 

widow     of,     payment     by     commonwealth     of     compensation 

to      .......  •       Resolve      43 

Parking  areas,  regulation  as  to  speed  and  use  of  motor  vehicles,  on     135 

Parking  meters  (see  Cities  and  towns). 

Parking  violations,  non-criminal  disposition  of,  further  regulation  (386  1,  2 

of 1751  1,2 

Parks  and  reservations,  Beaver  Brook  Reservation,  improvement 
and  further  development  of,   by    Metropolitan  District 
Commission         ........     296 

Dcmarest  Lloyd  Memorial  State  Park,  development  by  depart- 
ment of  natural  resources,  of  .     _     .  .  •.  .  .    •     ^^^ 
Lake  Quinsigamond,  land  and  buildings  adjacent  to,  acquisition 

of,  by  department  of  natural  resources,  for      .  .  .519  1-7 

Middlefield  State  Forest,  reconstruction  of  dam,  in,  providing 

for     .......  .        Resolve       57 

Pilgrim  Spring,  Truro,  town  of,  in,  state  park  at,  providing  for     523  1-4 

playgrounds,  use  and  control  of  certain,  relative  to  .  .  .96 

subdivisions,  estabUshment  of  parks,  in,  relative  to  .  .  .     324 

Walden  Pond  State  Reservation,  addition  to    .  .  .  .     566  1-3 

Waltham,  Weston,  Lincoln  area,  state  park  and  reservation  in, 
establishment     of,     investigation     and     study     relative 
to      .......  .       Resolve     111 

Party  line  telephones,  priority  of  emergency  calls  on,  relative  to     120 

Pasters  or  stickers,  distribution  of,  at  polling  places,  relative  to     .     266 

Peabody,  city  of  (see  Cities  and  towns). 

Peddlers  (see  Hawkers  and  peddlers;   Licenses  and  permits). 

Pembroke,  town  of  (see  Cities  and  towns). 

PENAL   AND   REFORMATORY   INSTITUTIONS: 

laws  relative  to,  changes,  certain,  in         .  .  .  .  .     770  1-123 

training  schools,  inmates  of,  solitary  confinement  for,  proliibited     357 
Pensions  (see  Retirement  systems  and  pensions) . 
Pepperell,  town  of  (see  Cities  and  towns). 
Permits  (see  Licenses  and  permits). 

Personal  injuries,  actions  for  (see  Practice  in  civil  actions). 
Personal  property,  conditional  sale  contracts,  certain,  for,  prepay- 
ment of,  providing  for  ......     455 

sales  of  (see  Sales), 
taxation  of  (see  Taxation). 
Personnel  and  Standardization,  division  of  (see  Administration 

and  finance,  commission  on). 
Personnel  relations  review  boards,  establishment  of,  in  cities  and 

towns,  providing  for     ......  .     294 

Pharmacists,  assistant  pharmacists,  registered,  registration  as  phar- 
macists of  .  .  .  .  .  .  ...  •     634 

board  of  registration  of  (see  Civil  service  and  registration,  de- 
partment of), 
narcotic  drugs,  certain,  sale  of,  by  further  regulation  of     .  .     400 

renewal  registrations,  of,  fee  for,  relative  to      .  ,  ,  ,     429 

Phillipston,  town  of  (see  Cities  and  towns). 


Chap. 

Section. 

758 

493 

3 

610 

622 

95 

1 

101 

756 

1.2 

105 

1-3 

340 

Index.  1259 


Physical  therapists,  registration  of  certain  persons,  as 

re-registration  of,  publication  of  lists  of,  relative  to  . 
Physicians,  drugs,  acute  poisoning  from,  reporting  of  cases  of,  by   . 
foreign  niedical  schools,  graduates  of,  examination  and  registra- 
tion of,  as  . 
reports  of  births,  fee  for,  to,  abolished     ..... 

Physiotherapy  treatment,  cerebral  palsy  victims  for,  investigation 
and    study    by    department    of    public    health    relative 
to       .......  .        Resolve 

Pierce,  Mary  L.,  payment  by  city  of  Peabody  of  pension  to   . 
Pieri,  James,  conveyance  by  town  of  Adams  of  certain  land  to 
Pine  looper,  defined  as  public  nuisance  .... 

moths,  suppression  of,  by  department  of  natural  resources,  pro- 
viding for  .........     465  1,  2 

Pistols  (see  Weapons). 

Pittsfield,  city  of  (see  Cities  and  towns). 

Plan  B  form  of  city  charter,  office  of  mayor,  vacancies  in,  filling  of, 

under,  regulation  of     ......  .     222 

Planning  boards,  local  (see  Cities  and  towns). 

Planning  districts,  regional,  establishment  of,  relative  to       .         .  |  ^7A  ._„ 

Plates,  registration  (see  Motor  vehicles). 

Playgrounds,  certain,  use  and  control  of,  relative  to       .  .  .96 

Plumbers,  state  examiners  of  (see  Civil  service  and  registration,  de- 
partment of). 
PLYMOUTH   COUNTY: 

appropriations  for  maintenance,  etc.,  of   .  .  .  .  .     765  1 

Bisbee,  Theodore  W.,  payment  of  an  annuity  to,  by  .  .     729  1,  2 

ground  water  supply,  in,  special  commission  to  investigate  and 

study,  revived  and  continued         .  .  .        Resolve       68 

metropolitan  water  system  mains,  extension  of,  to,  investigation 

and  study  relative  to,  continued    .  .  .        Resolve       65 

shore  protection,  repair  of  storm  damage,  borrowing  of  money 

for,  by,  authorized        .......     381  1-5 

state  farm  inmates,  expenses  incurred  in  trial  of,  reimbursement 

by  commonwealth  for,  payment  to         ...  .     525 

Plymouth,  town  of  (see  Cities  and  towns). 
Podiatrists  (see  Chiropodists). 
POLICE   OFFICERS: 

Acton,  Scribner,  David;   Birch,  Warren;  civil  service  status  for, 
in       .........  . 

aeronautical  inspectors,  arrests,  certain,  by,  relative  to 

auxiliary  police,  use  of  in  labor  dispute,  prohibited    . 

Boston,  sick  leave  for  certain,  relative  to  .... 

Bristol    County,    police  training  school,   establishment  of,   in, 

for 140 

Brookline  Police  Mutual  Aid  Associations,  death  benefits,  cer- 
tain, of,  relative  to       .......       68 

capitol  police,   expenses  and  damages,   certain,   sustained   by, 

indemnity  for      ........     581 

compensatory  time  off  for  attendance  in  certain  criminal  cases, 

providing  for       ........     223  1,  2 

Hopkinton,  Charles  O.  Garrison,  chief  of  police,  of,  life  tenure 
for     .......... 

hurricanes,  certain,  overtime  service  during,  by,  payment  of,  for 
indemnification  of,  certain  expenses  for  damages  incurred  by 
Ludlow,  Prokop,  Edwin,  made  eligible  for  appointment  as 
Middleton,  chief  of  police,  tenure  of  office  of    . 
Northborough,  chief  of,  unlimited  tenure  of  office,  for 
Oak  Bluffs,  police  chief  of,  civil  service  status  of,  relative  to 
Pepperell,  chief  of  poUce,  tenure  of  office  of,  in,  relative  to 
public  works  buildings  police  officers,  indemnification  for  cer- 
tain expenses  and  damages  incurred  by,  providing  for 
Somerville,  Curtin,  John  J.,  retired  officer  of,  payment  of  certain 

medical  expenses  of ,  by         . 
special  duty,  indemnification  for  certain  expenses  for  damages 

incurred  while  performing,  providing  for 
Townsend,  present  chief  of  poHce,  tenure  of  office,  for,  in 
Police,  state,  division  of  (see  Pubhc  Safety,  department  of). 
Policies  of  insurance  (see  Insurance). 

Poliomyelitis,  vaccine,  Salk,  purchase  and  distribution  of,  by  state 
department  of  public  health,  providing  for 
victims  of,  proper  care  and  nursing  for,  providing  for 


45 

1.2 

189 

241 

437 

1.2 

75 

1.2 

752 

1.2 

168 

724 

1.2 

129 

1.2 

377 

1,2 

70 

1.2 

76 

1-3 

619 

341 

1,  2 

168 

78 

1-3 

481 

1-3 

737 

577 
627 

1,  2 

515 
289 

1,  2 

604 

1.  2 

125 
683 

407 

1-3 

674 
328 

485 

1 
1.2 

1260  Index. 

Chap.  Section. 

Polish- American  Veterans  of  Massachusetts,  Inc.,  certain  laws 
affecting  veterans  and  their  organizations  made  applicable 

to 271  1.  2 

Political  committees  (see  Elections). 

Political  parties  (see  Elections). 

Poll  taxes  (see  Taxation). 

Pomeroy,  Russell  B.,  present  member  of  house  of  representatives, 

payment  of  salary  to    .  .  .  .  .        Resolve       90 

Pondvillo  Hospital,  cancer  patients,  veterans,  notice  of  admission 

to;   payments  for,  relative  to         ....  .     585  1-3 

Poor  and  indigent  persons  (see  Old  Age  assistance,  so  called). 
Port  Authority,   Massachusetts,   creation  of,  investigation  and 

study  relative  to  .....        Resolve     146 

Port  of  Boston  Commission,  Port  of  Boston  Fund,  abolishment  of, 
powers  and  duties  as  to         . 
property,  certain,  at  Army  Base,  insuring  of,  by        .  .  . 

Poultry,  sale  and  transportation  of,  licenses  for,  security  bond  rela- 
tive to         ........  . 

slaughtering  houses,  relative  to        .....  . 

Power  Authority  of  State  of  New  York,  contracts  by  department 
of  public  utilities,  with,  authorized  .... 

PRACTICE    IN    CIVIL   ACTIONS : 

business  and  public  records,  admissibility  in  evidence,  of  . 
certified  mail,  use  of,  in  heu  of  registered  mail,  authorized        _  . 
civil  service  commission,  appeals  from  decisions  of,  original  juris- 
diction granted  to  municipal  court  of  the  city  of  Boston  . 
judgments,  actions  of  contract  in,  entry  of,  in  cases  of  undis- 
puted facts  ........ 

jurors,  compensation  of,  increased  ...... 

peremptory  challenges  of,  relative  to    . 
motor  vehicle  Uability  policies  and  bonds,  board  of  appeal  on, 
municipal  court  of  the  city  of  Boston  granted  original 

jurisdiction  on  appeals  from  decisions  of         .  .  .     412  1,  2 

non-residents,  certain,  doing  business  in  commonwealth,  service 

of  process  on  secretary  of  state  as  agent  for    .  .  .     360 

snow  and  ice,  injuries  resulting  from,  notices  to  owners  of  private 

property  of  claims  for  .  .  _         .  .  _         .  .     505 

speedy  trial,  advancing  cases  for,  change  in  law  relative  to         .     674  2 

speedy  trial,  superior  court,  in,  for  certain  district  court  cases 

removed  to  .  .  ...  .  .  .     359 

trailers,  service  of  process  in  cases  arising  from  operation  of, 

relative  to  ........     196  1,  2 

venue,  district  courts,  in         ......  .     158 

Premature  babies,  care  of,  by  boards  of  public  health,  providing 

for 753 

Prescriptions,  harmful  drugs  for,  forging  of,  penalty  for  .  .     718 

Primaries  (see  Elections). 

Prison  Point  Bridge,  policing  of,  by  MetropoUtan  District  Com- 
mission      .........     239 

Prisons  (see  Penal  and  reformatory  institutions). 

Private  schools  (see  Schools,  private). 

Private  ways  (see  Ways,  private). 

Probate  and  insolvency,  Bristol  county,  judge  of,  salary  of,  relative 

to 

judges  of,  certain,  salary  of,  relative  to    . 

registers  of,  assistant  registers,  salaries  of,  establishment  of 
fees  and  charges,  of,  relative  to    .  .  .  ... 

Suffolk  County,  additional  court  officer,  for      .... 
PROBATE  COURTS: 

administrators,  voluntary,  transfers  of  decedent's  title  or  interest 
in  motor  vehicles  ....... 

adoptions,  certificate  of,  issuance  of,  by  .  . 

children  of,  changes,  certain,  in  law  relative  to       . 

conditions,  certain,  waiver  of,  for  certain  petitions,  for  . 
certified  mail,  use  of,  in  lieu  of  registered  mail,  for  citations  of  . 

fees,  certain,  of,  relative  to     .  .  .  .  .  .  . 

guardians  and  conservators,  premiums  of  surety  bonds  of,  income 

tax  deduction  for,  providing  for     .  .  .  .  .527 

judges  of  (see  Probate  and  insolvency), 
registers  of  (see  Probate  and  insolvency). 


749 

1.2 

/395 
\733 

1.  2 

7.8 

638 

1-3 

/418 
\744 

1-3 

1.2 

378 

413 

1.2 

107 

1.  2 

89 

117 

683 

/418 

1744 

1-3 

1,  2 

Index.  1261 

Chap.  Section. 

PROBATE  COURTS  —  Concluded. 

support  orders,  wives  and  children  for,  deduction  of  from  retire- 
ment allowances  of  persons  residing  outside  of  common- 
wealth, providing  for   .  .  .  .  .  .  .     686 

Probation  officers,  municipal  court  of  the  Roxbury  district,  salaries 

of,  relative  to 735  1-3 

Process  (see  Practice  in  Civil  actions). 

Proclamations,  annual  observance  of  certain  days,  for  .  .  .     265  1,  2 

Professional  and  Business  Men's  Club,  Inc.,  The,  issuance  of 

all  alcoholic  license  to,  providing  for       .  .  .  .     376 

Professional  engineers  and  land  surveyors,  board  of  registration 

of  (see  Civil  service  and  registration,  department  of). 
Proia  Construction  Co.,  Inc.,  contract  with  city  of  Woburn  for 

construction  of  certain  school,  by  ....     783 

Projects,  housing  (see  Housing  authorities,  local). 

public  works  (see  Public  works  projects). 
Prokop,  Edwin,  made  eligible  for  appointment  as  police  officer  in 

town  of  Ludlow 724  1,  2 

Property,  illegitimate  children,  inheritance  by,  of,  investigation  by 

judicial  council,  relative  to   .  ,  .  .        Resolve       26 

personal  (see  Personal  property), 
real  (see  Real  estate), 
taxation  of  (see  Taxation), 
transportation  of  (see  Motor  Vehicles). 
Provincetown,  town  of  (see  Cities  and  towns). 
Psychiatric  service,  availability  of,  to  district  courts,  study  by  de- 
partment  of   mental    health   relative   to,    further,    con- 
tinued        .......        Resolve       92 

Public  administrators  (see  Executors  and  administrators). 

Public  airports  (see  Airports). 

Public  assistance  laws,  manual  of,  printing  and  distribution  of, 

providing  for        ........     470 

Publications,  certain,  investigation  and  study  relative  to      Resolve     137 
Public  building  commission,  Massachusetts,  special  capital  out- 
lay program  for  commonwealth  of,  powers  and  duties  as 

to 282  1,2 

Public  charities,  division  of  (see  Attorney  general). 
Public  employees  (see  Commonwealth,  officers  and  employees  of; 
Counties;    officers  and  employees  of;    Municipal  officers 
and  emplovees;   Retirement  system  and  pensions). 
PUBLIC  HEALTH,  DEPARTMENT  OF: 

in   general,    benzol,    carbon   tetrachloride   and   harmful   sub- 
stances, labelling  of  receptacles  containing,  powers  and 
duties  as  to  .  .  .  .  .  .  .  .     469  1-7 

dumps,  public  or  private,  assignment  of  places  for,  powers 

and  duties  as  to  .  .  .  .  .  .  ,     310  1-3 

employees  of  institutions  under,  replacement  of  uniforms,  for, 

by .  ..  .  .561 

environmental  sanitation,  bureau  of,   air  pollution  surveys, 

making  of,  by,  providing  for  .....     784  Item  2002-01 

great  ponds,  submerged  weeds,  in,  elimination  or  control  of, 
investigation  relative  to,  continuation  of  joint  board  es- 
tablished for  purposes  of       .  .  .  .        Resolve       28 

hospitals,  victims  of  paralysis,  for,  establishment  of,  investiga- 
tion and  study  relative  to     .  .  .  .        Resolve     101 

Hospital  Survey  and  Construction  Act,  Federal,  provisions  of, 

administration  of,  by  .  .  .  .  .  .  .331  1,  2 

infirmaries,  under  supervision  of,  powers  and  duties  as  to        .     662  6-8 

Lakeville  State  Sanatorium,  treatment  of  muscular  dystrophy, 

at,  powers  and  duties  as  to  .  .  .  .  .  .     220 

Lakeville,  town  of,  furnishing  of  water  to  certain  inhabitants 

of,  by 459 

Lawrence,  city  of,  alcoholic  clinic,  in,  establishment  of,  by      .     424 
Longmeadow,  sewage  treatment  works  for,  plans  for,  approval 

by 178  10 

McCarthy,  Paul  A.,  Memorial,  unit  at  Lemuel  Shattuck  Hos- 
pital designated  as 784  Item  2026-21 

milk,  changes  in  law  relative  to  standards  for  and  distribution 

of,  powers  and  duties  as  to  .  .  .  .  .  .     757  1-11 

Mount  Pleasant  Water  District,  water  supply  sources  of,  ap- 
proval of,  by        .  .  .  .  .  .  .  .     664  2 

Neponset  river,  lands  adjacent  to,  draining  of,  study  relative 

to,  further  continued   .....       Resolve       66 


1262  Index. 

Chap.  Section. 

PUBLIC  HEALTH,  DEPARTMENT  OF  —  Concluded. 

Nutting's  Lake,  dredging  of,  feasibility  of,  investigation  and 

study  relative  to,  by    .  .  .  .  .        Resolve       63 

physiotherapy  treatment,  cerebral  palsy  victims,  for,  investi- 
gation and  study  relative  to,  by    .  .  .        Resolve     101 
poliomyelitis  victims,  proper  care  and  nursing  for,  furnishing 

of,  by 737 

public  medical  institutions,  certain,  standards  for,  establish- 
ment of,  by  .......  .     367 

radioactive  materials,  handling  and  disposing  of,  regulation  of 

methods  of ,  by    .  .  .  .  .  .  .  .     335 

Randolph,  town  of,  addition  of  to  south  metropolitan  sewerage 

district,  plans  relative  to,  approval  by         .          .          .     410  2,  4 
sewerage  and  sewage  disposal  system  for,  plans  for,  ap- 
proval by 273  16 

Salk  poliomyelitis  vaccine,  purchase  of  and  distribution  of, 

by 481  1-3 

Springfield,  city  of,  alcoholic  clinic,  in,  establishment  of,  by   .     428 
tuberculosis  patients,  care  of,  by  cities  and  towns,  powers  and 

duties  as  to  .  .  .  .  .  .  .  .     559  1,  2 

veterans,  cancer  treatment  for,  payments,  certain,  for,  powers 

and  duties  as  to  .......     585  1-3 

West  wood,  town  of,  system  of  sewers  and  drains  for,  plans  for, 

approval  by 380  13 

commissioner,  drugs,  acute  poisoning  from,  cases  of,  reporting 

of,  to 610 

hospital    service    corporations,    non-profit,     contracts    with 

Lemuel  Shattuck  Hospital  by,  approval  of,  by         .  .     499 

salary  of,  increased     ........     730  24 

Public  health,  local  boards  of,  premature  babies,  care  of,  by,  pro- 
viding for  .........     753 

Public  improvement  programs,  famiUes  displaced  by,  relocation 

housing  for,  providing  for     ......     640  1-6 

Public  institutions  (see  Titles  of  specific  institutions). 

Public  lands,  takings  of,  payment  for,  relative  to  ...     693  1-3 

Public  moneys   (see  County  finance;    Municipal  finance;    State 

finance). 
Public   officers    (see   Commonwealth,   officers   and   employees   of; 
Districts;    Municipal  officers  and  employees  and  Titles 
of  specific  officers). 
Public  officials,  retirement  of  (see  Retirement  systems  and  pen- 
sions) . 
PUBLIC    SAFETY,    DEPARTMENT   OF: 

in  general,  land,  certain,  transfer  of  control  and  use  of,  to  town 

of  Concord,  by 219 

range  boilers,  hot  water  tanks,  safety  requirements  for,  powers 

and  duties  as  to  .......     612  1,  2 

boards  of : 

boiler  rules,  associate  members  of,  salaries  of,  increased  .  .     730  28 

elevator  regulations,  members  of,  salaries  of,  increased  .  .     730  29 

fire  prevention  regulations,  members  of,  salaries  of,  relative  to     730  31 

schoolhouse  structural  standards,  estabhshment  of,  in    .  .     675  1-3 

standards  and  appeals,  buildings,  certain,  alternative  require- 
ments for  construction,  etc.,  of,  regulations  as  to,  making 

of,  by 617  1,2 

members  of,  salaries  of,  relative  to    .  .  .  .  .     730  30 

commissioner,  conveyance  of  land,  certain,  to  town  of  Framing- 
ham,  by      ........  .     451 

criminal  information  bureau,  establishment  of,  powers  and 

duties  as  to 771  1,  2 

Massachusetts  Turnpike  Authority,  poUce  service  for,  provid- 
ing for,  by 552  1,  2 

salary  of,  increased     ........     730  27 

division  of  state  police,  criminal  information  bureau,  establish- 
ment of,  in 771  1,  2 

uniformed  branch  of,  enlistment  age  in,  fiu-ther  regulation  of       88 
status  of,  while  assigned  to  Massachusetts  Turnpike  Au- 
thority         552  2 

Public  Schools  (see  Schools,  public). 
PUBLIC   UTILITIES,    DEPARTMENT   OF: 

bond  issues,  gas  and    electric    companies,  of,  advertising  pro- 
cedure for  sale  of,  supervision  of,  by       .  .  .  .     188 
carriers,  common,  illegal  rate  practices  by,  powers  and  duties  as  to     353 


Index.  1263 

Chap.  Section. 

PUBLIC    UTILITIES,    DEPARTMENT    OF  —  Concluded. 

commissioners,  salaries  of,  relative  to       ....  .     730  38 

Longmeadow,  sewage  treatment  works  for,  laying  of  drains  and 

sewers  on  railroad  locations  for,  approval  by  .  .     178  3 

Metropolitan  Transit  Authority,  vote  increases  for,  hearings  on, 

notices  of,  relative  to  .  .  .  .  .  .  .     719  1,  2 

Mount  Pleasant  Sewer  District,  laying  of  pipes,  etc.,  on  railroad 

locations,  approval  by,  when  .  .  .  .  .     671  4 

Power  Authority  of  State  of  New  York,  contracts  with,  by,  as 

bargaining  agent  for  commonwealth       ....     604  1,  2 

procedural  rules,  certain,  power  of  adoption,  of,  by,  abolished    .     285  1,  2 

railroads,   switch  stands,  railroad  tracks,   on,   equipment,  for, 

powers  and  duties  as  to         .  .  .  .  .  .491 

takings  of  land  by  eminent  domain,  for,  approval  by      .  .     231 

Randolph,  town  of,  sewerage  and  sewage  disposal  system  for, 
laying  of  pipes,  etc.,  on  railroad  locations  for,  approval 

by .273  6 

Westwood,  town  of,  sewers  and  drains,  system  of,  for,  laying  of 

pipes,  etc.,  on  railroad  locations  for,  approval  by,  when     .   380  4 

Public  ways  (see  Ways,  public). 
PUBLIC   WELFARE,    DEPARTMENT   OF: 

in  general,  medical  institutions,  pubUc,  standards  for,  estab- 
lishment of,   by  state  department  of  public  health,  in 
lieu  of         ........  .     367 

old  age  assistance,   so  called,   transportation  allowance  for 

recipients  of         .......  .     728  1,  2 

parents,  support  of,  liability  of  children  for,  powers  and  duties 

as  to 492  1-3 

position,  certain,  in,  civil  service  status  for  incumbent  of,  pro- 
viding for 784  Item  1901-03 

public  assistance  laws,  manual  of,  printing  and  distribution 

of,  by 470 

commissioner,  salary  of,  increased         .....     730  25 

PUBLIC   WELFARE,   LOCAL   BOARDS   OF: 

support  of  parents,  liability  of  children  for,  change  in  laws  rela- 
tive to,  powers  and  duties  as  to     .  .  .  .  .     492  1-3 

Public  works  building,  police  officers,  of  (see  Police  officers). 
Public  works  contracts,   certain,  payment  of  sums  due,  under, 

relative  to  ........     597 

PUBLIC   WORKS,   DEPARTMENT    OF: 

in  general,   Boston  and  Maine  Railroad,  bridge,  certain,  in 
town  of  West  Boylston,  care,  control  and  maintenance  of, 
transferred  from,  to      ......  .     299  1-3 

Boston  harbor,  work,  certain,  in  tidal  waters  of,  by,  authorized         5 
Camp  Sea  Haven  for  Infantile  Paralysis,  Inc.,  construction  of 

road  to,  by 544  1-3 

Chelsea,  playgrounds,  certain,  in,  construction  of,  by     .  .     715  1-3 

Chicopee,  bridge,  certain,  in,  designated  as  Governor  George 

D.  Robinson  Bridge,  erection  of  suitable  plaque  at,  by     .     531 
Church  Terry,  family  burial  lot  of  heirs  of,  eminent  domain 

taking  of,  by,  providing  for  ......     293  1-3 

Danvers,  land,  certain,  in,  acquisition  of,  for  purpose  of  con- 
structing industrial  office  administration  building,  by     .     593  1-3 
Fairhaven  Harbor,  improvement  of,  investigation  and  study 

relative  to,  by,  continued      .  .  .  .        Resolve       45 

Ferini,  Professor  Enrico,  Overpass,  certain  overpass  running 
to  Logan  fnternational  Airport  designated  as,  erection  of 
suitable  marker  at,  by  ......     532 

Gloucester,  state  fish  pier  in,  extension  of,  investigation  and 

study  relative  to  .....        Resolve         6 

traffic  circle,  certain,  in,  designated  as  Chester  H.  Grant 

Memorial  Circle,  erection  of  suitable  marker  at,  by  608  1,  2 

great  ponds,  submerged  weeds,  in,  elimination  or  control  of, 
investigation   relative   to,    continuation    of  joint   board 
established  for  purposes  of    .  .  .  .        Resolve       28 

Hanson,  town  of,  rules  and  regulations,  certain,  made  by, 

approval  of,  by   .  .  .  .  .  .  .  .     103 

Hoosic  river,  Clarksburg,  in,  bridge,  certain,  over,  reconstruc- 
tion of,  by 606  1,  2 

Horseneck  Beach,  recreational  facilities,  certain,  at,  providing 

for,  by        ........  •     583  1-6 

Ipswich  River,  dredging  and  improvement  of,  investigation 

and  study  relative  to,  by      .  .  .  .        Resolve     102 


1264  Index. 

Chap.  Section. 

PUBLIC  WORKS,  DEPARTMENT  OF  —  Continued. 

Manchester,    bridge,    certain,    in,    designated    as    Frank    B. 

Amaral  Bridge,  erection  of  suitable  marker  at,  by     388  1,  2 

designated  as  Richard  E.  Bailey  Memorial  Bridge, 

erection  of  suitable  marker  at,  by  .  .  .     389  1,  2 

Massachusetts  Bay  Circuit,  so  called,  plans  and  proposal  for, 
investigation  and  study  relative  to,  as  part  of  joint 
board,  by,  further,  continued         .  .  .        Resolve       41 

Merrimack  river,  Lawrence,  in,  bridge  across,  construction  of, 

investigation  and  study  relative  to,  by  .  .        Resolve     121 

Metropolitan  Transit  Authority,  motor  buses  operated  by, 

width  of,  powers  and  duties  as  to  .  .  .  .     165  1,  2 

Mystic  Pond,  draining  and  filling  of,  investigation  and  study 

relative  to  .  .  .  .         _.  .  .        Resolve     105 

Nantasket  beach,  pier  and  wharf  at,  investigation  and  study 
jointly  with  metropolitan  district  commission,  relative 
to       .  .  .  .  .  .  .  .        Resolve       95 

Neponset  river,  lands  adjacent  to,  draining  of,  study  relative 

to,  further,  continued  .....        Resolve       56 

Nutting's  Lake,  dredging  of,  feasibility  of,  investigation  and 

study  relative  to,  by    .  .  .  .  .        Resolve       63 

Oak  Bluffs,  Tisbury,  towns  of,  re-estabhshment  of  boundary 

lines  between,  fihng  of  plan  relative  to,  by      .  .  .     416  2 

O'Connell,  Lt.  Edmund  J.,  Bridge,  certain  bridge  on  South- 
east Expressway  designated  as,  erection  of  suitable  tablet 

at,  by 500 

f  Item  2202-03 

positions,  certain,  in,  permanent  status  for  incimibents  of       .      784]  Item  2900-02 

I  Item  2900-80 

Provincetown,  landing  monument,  in,  relocation  of,  by  .     397  1-4 

public  institutions,  roads  in,  maintenance  of,  by,  providing 

for 379  1,  2 

pubUc  lands,  taking  of,  by,  payments  for,  relative  to      ,  .     693  1-3 

pubUc  works  building,  police  officers,  indemnification  for  cer- 
tain expenses  and  damages  incurred  by,  providing  for      .     619 

railroad  corporations,  taking  of  land  by  eminent  domain,  for, 

by,  authorized     .  .  .  .  .  .  .  .     231 

Route  3A,  portion,  certain,  of,  designated  as  George  T.  Walsh 

Highway,  erection  of  suitable  markers  along,  by      .  .     776 

Salisbury  Water  Supply  Company,  conveyance  of  certain  land 

to,  by 533  1-3 

Saugus  river,  drainage  area  of,  study  and  investigation  rela- 
tive to,  by  ......       Resolve      74 

southeast  expressway,  underpass,  certain,  on,  designated  as 
Josiah  Babcock,  Jr.,  underpass,  erection  of  suitable  tablet 
at,  by 390  1,  2 

Tewksbury,  swamp  lands  in,  reclamation  of,  investigation  and 

study  relative  to,  by    .  .  .  .  .       Resolve     102 

tidal  and  non-tidal  waters,  work,  certain,  in,  by    .  .  .  I  .A  ,    „ 

1  448  1,  2 

tourists  routes,  establishment  of  system  of,  by,  jointly  with 
department  of  natural  resources  and  department  of  com- 
merce .......       Resolve     110 

Watertown,  Galen  street  bridge,  in,  improvements  to,  by        .     713 

Westfield,  Little  river  and  Westfield  river,  in,  improvements 

in  and  along,  by  .......     502 

whales,    or   other   mammals,   removal   from   tidewaters   and 

shores,  by  .  .  .  .  .  .  .  .  .     464 

commissioner,  associate  commissioners,  powers  and  duties  of, 

further  definition  of     ......  .     677 

chief  engineer,  deputy  chief  engineer,  three  assistant  chief 
engineers,  establishment  of  positions  of,  appointment  of 
persons  to,  by      .  .  .  .  .  .  .  .     555 

outdoor  advertising  division,  appointment  to,  of    .  .  .     584  3 

poUce  officers  of  department,  indemnification  for  certain  ex- 
penses and  damages  incurred  by,  payment  of,  by    .  .     619 
outdoor  advertising,  division  of,  estabhshment  of,  in    .          .     584  1-10 
personnel  director,  position  of,  not  subject  to  civil  service  laws     784  Item  2900-02 
registrar  of  motor  vehicles,  armed  forces  personnel,  licenses 

of,  termination  and  renewal  of,  as  to      .  .  .  .     507 

Chicopee,  city  of,  establishment  of  branch  office  in,  by  .  .     562  1,  2 

pprapulsory  motor  vehicle  insurance  law,  insertion  of  word, 

' '  trailer  " ,  in  certain  provision  of  law  relative  to         .  .172 


Index.  1265 

Chap.  Section. 

PUBLIC   WORKS,    DEPARTMENT   OF  —  Concluded. 
registrar  of  motor  vehicles  —  Concluded. 

disabled  persons,  distinctive  stickers  for  motor  vehicles  oper- 
ated by,  powers  and  duties  as  to  .  .  .  .  .     458  1-3 

duplicate  licenses,  issuance  of,  by  .  .  .  .  .     205 

employee,  certain,  of,  continuous  service  of,  relative  to  .     784  Item  2924-01 

farmers,  vehicles  owned  by,  operating  radius  of,  change  in, 

powers  and  duties  as  to         .  .  .  .  .  .     483  1,  2 

lamps,  motor  vehicles  and  trailers,  on,  approval  of,  by  .  .     124 

merit  rating  system,  assessment  of  points  under,  powers  and 

duties  as  to  .  .  .  .  .  .  .  .     417 

operator's  licenses,  expiration  dates  of,  fee  for,  powers  and 

duties  as  to 488  1-3 

revocation    of    drivers'    licenses,    for    convictions    of    certain 

offenses,  powers  and  duties  as  to  . 
salary  of,  increased     ........ 

trailers,  service  of  process  in  cases  arising  from  operation  of, 
powers  and  duties  as  to         . 
waterways,  division  of,  hurricane  damage,  appropriation  ac- 
count for,  of,  reimbursement  of     . 
Richmond  pond,  drawing  of  water  from,  approval  by     . 
Public  works  projects,  contractors,  payments  to,  under,  relative  to 
laborers,  suppliers,  etc.,  engaged  in,  payment  of,  security  for 
payment  of  minimum  wages  on       .....  . 

soil  explorations  and  test  borings,  defined  as  public  works  under 

laws  relative  to   . 
subcontractors  on,  payment  of,  security  for      .... 

Pupils  (see  Schools). 

Purchasing  agent,  state  (see  Administration  and  finance,  commis- 
sion on). 
Purple  Heart  Day,  proclamation  as  to  .         .  .         .  .     265 


198 
730 

1-3 
23 

196 

1.2 

542 
586 
597 
702 
180 

1.2 

1.2 

1-3 

453 
701 

Q. 


Quincy,  city  of  (see  Cities  and  towns). 


R. 

Race,  color,  religious  creed,  national  origin  or  ancestry,  information 
as  to,  not  to  be  required  on  applications  of  bonded  em- 
ployees      .........     274 

Racing  (see  Horse  and  dog  race  meetings  conducted  under  the  pari- 

mutuel  system  of  wagering). 
Racing  commission,  state,  members  of,  salaries  of,  relative  to         .     730  2 

Radio,  use  of.  Lord's  day,  on,  relative  to        ....  .     742 

Radioactive  materials,  handling  and  disposing  of,  method  of,  regu- 
lation by  department  of  public  health,  of        .  .  .     335 
Railroads,  Boston  &  Maine,  bridge,  certain,  of,  in  town  of  West 

Boylston,  care,  control  and  maintenance  of,  relative  to    .     299  1-3 

employees  of,  lockers  for,  providing  for    .....       92 

freight  houses,  working  conditions  in,  relative  to        .  .  .     426 

New  York,  New  Haven  and  Hartford  Railroad,  conveyance  by 

Metropolitan  District  Commission  of  certain  land,  to       .     778  1-3 

public  works,  department  of,  taking  of  land  by,  in  behalf,  of     .     231 
switch  stands,  railroad  tracks,  on,  relative  to    .  .  .  .     491 

tracks,  proper  clearance  of  in  yards,  special  commission  to  in- 
vestigate and  study,  revived  and  continued      .       Resolve       67 
water  closets  and  washing  facilities,  in,  providing  for,  by   .  .     669  1-3 

Railway  express  terminals,  working  conditions  in,  relative  to       .     426 
Randolph,  town  of  (see  Cities  and  towns). 

Range  boilers,  construction  of,  safety  requirements  for  .  .     612  1 

Real  estate,  co-operative  banks,  loans  of,  on  .  .  .  .     146 

documentary  excise  stamps,  sales  of,  use  of  metering  machines 

in  registries  of  deeds,  for       ......     651  1,  2 

land  damage  settlements,  pro  tanto,  recovery  of  payments  in, 

relative  to  ........     242 

loans  on,  credit  unions,  by     .  .  .  .  .  .  .     122 

private,  owners  of,  notice  of  injuries  resulting  from  snow  and 

ice,  on         ........  .     505 


1266  Index. 

Chap.  Section. 

Real  estate  —  Concluded. 

sales  by  cities  and  towns,  procedure  for  payment  of  apportioned 

taxes 247 

exemption  of  certain  veterans'  housing  from       .  .  .     401 

tax  exemptions,  disabled  veterans,  certain,  for,  not  applicable 

to  conveyances  for  tax  evasion  purposes  .  .  .312 

unregistered  titles,  defects  in,  rights  of  entry  against,  investiga- 
tion and  study  by  judicial  council  relative  to         Resolve       27 
Reciprocal  insurance  exchange  (see  Insurance). 
Reclamation  board,  state,  greenhead  fly  control  projects,  powers 

and  duties  as  to  .  .  .  .  .  .  .     433 

Musquashiat  pond,  control  of  insect  Ufe,  in,  cost  of,  powers  and 

duties  as  to  .  .  .  .  .  .  .  .     423 

Straits  pond,  control  of  insect  life  at,  powers  and  duties  as  to     .     557 
Recorder,  land  court  of  (see  Land  court). 

Records,  business  and  public,  admissibility  in  evidence,  of       .  .     125 

Recreation  Areas  Fund,  State,  income,  certain,  crediting  of,  to  .     519  6 

Regional  planning  districts,  establishment  of,  relative  to     .         .  {  ol^  lo 

Regional  planning  law,  establishment  of  regional  planning  dis-  r374 

tricts  under,  relative  to         .  .  .  .  .  .  \  656  1-3 

Registered  land,  attachments  and  federal  tax  liens,  against,  record- 
ing of  306  1,  2 

Registered  mail,  definition  of  to  include  certified  mail  .  .     683 

REGISTERS  AND  REGISTRIES  OF  DEEDS: 

documentary  excise  stamps,  metering  machines  for  sale  of,  in- 
stallation of,  in,  authorized  .  .  .  .  .  .651  1,2 

registered  land,  attachments  and  federal  tax  Uens,  on,  recording 

of,  with 306  1,  2 

Registers  of  probate  and  insolvency  (see  Probate  and  insolvency). 
Registrar  of  motor  vehicles  (see  Public  works,  department  of). 
REGISTRARS  OF  VOTERS: 

innholders,  keepers  of  lodging  houses,  furnishing  of  certain  in- 
formation by,  to  .  .  .  .  .  .  .176 

listing  of  persons,  by,  relative  to     .  .  .  .  .  .67  1-3 

Registration,  division  of  (see  Civil  service  and  registration,  depart- 
ment of), 
motor  vehicles  of  (see  Motor  vehicles) . 
See  also  Licenses  and  permits. 
Regional  districts  (see  Districts). 
Religious,  corporations  (see  Churches  and  religious  corporations). 

customs  or  rituals,  dancing  on  Lord's  Day,  at,  permission  for   .     255  1,  2 

Rent  control,  further  continuation  of,  providing  for       .  .  .     225  1,  2 

Representative  town  government  by  limited  town  meetings, 

Agawam,  town  of,  establishment  in,  of  .  .  .  .     632  1-14 

Billerica,  estabUshment  in,  of  .  .  .  .  .  .6  1-13 

Fairhaven,  in,  relative  to        ......  .     589  1-9 

Reserve  Officers  Association  of  the  United  States,  national  con- 
vention of,  in  city  of  Boston,  proper  representation  of 
commonwealth  at,  providing  for    .  .  .        Resolve         5 

Retarded  children  (see  Children). 

Retirement,  state  board  of,  Horton,  EUa  B.,  payment  of  an  an- 
nuity to,  by         .  .  .  .  .  .  .  .  ,630  1,  2 

investigation     and     study     by     special     commission,     relative 
to       .......  .      Resolves 

RETIREMENT  SYSTEMS  AND  PENSIONS: 

pensions,  amounts  of,  increase  of,  under  all  systems  for  public 
employees  ......... 

Boston,  school  pension  fund,  permanent,  pensions  payable 
under,  relative  to  ......  . 

Pierce,  Mary  L.,  for,  by  city  of  Peabody       .... 

Suffolk  county,  Brickley,  William  J.,  payment  to,  by,  of 
retirement  systems,  in  general,  matters  relating  to,  investiga- 
tion and  study,  relative  to    .  .  .  .        Resolve 

members  of,  make-up  paj'ments  by,  to  obtain  credit  for 

certain  past  services,  providing  for,  under 

nurses,  certain,  temporary  employment  of,  status  of,  under 

retirement  allowances,  increase  of,  for  all  public  employees  . 

waiver  of  portion  of,  by  certain  retired  persons  and  those 

claiming  under  them,  providing  for     . 

retirement  law,  contributory,  deceased  members  of,  widows 

of,  election  of  benefits  by,  under         .... 

creditable  service,  under,  relative  to       . 


/  53 
\145 

670 

1-6 

594 
756 
517 

1-3 
1,  2 
1.  2 

128 

695 
553 

670 

1-7 
1-6 

590 

560 
560 

Index. 


Chap. 


1267 

Section. 


RETIREMENT  SYSTEMS  AND  PENSIONS  —  Concluded. 
retirement  systems  —  Concluded. 

support  orders,  wives  and  children  for,  deduction  from  al- 
lowance  to   recipients   residing   outside   commonwealth, 
providing  for,  under     ....... 

widows,  election  of  benefits  by,  rights  relative  to,  under 
Boston,  city  of,  school  pension  fund,  permanent,  pension  pay- 
able, under         .  .  .  .  . 

school  pension  fund,  permanent,  principal  of,  made 

available  for  payment  of  pensions,  under 

teachers    retirement    fund,    effective    date    for    increasing 

amounts  retained  from  salaries,  for,  under 

Bristol  county,  of,  Holmes,  Lester  H.,  employee  of  town  of 

Norton,  benefits  of,  under     ...... 

Brockton,  city  of,  Kenney,  Catherine  E.  O'Connell;    credit- 
able prior  service  of,  under  ...... 

commonwealth,   of,   board   of  retirement,   investigation  and 

study  by  special  commission  relative  to       Resolve 

revived  and  continued  ....        Resolve 

general  court,  constitutional  officers,  pension  rights  of,  resto- 
ration of,  under  ........ 

Maiden,  city  of,  Holland,  Dennis  C,  reinstatement  in  employ 

of  for  purposes  of  retirement,  under 
Montague,  town  of,  Escott,  Harry  L.,  former  employee  of 
retirement  rights  of,  under    ..... 

Savings   Banks   Employees   Retirement   Association,   retire- 
ment benefits  for  members  of,  relative  to 
Springfield,  city  of,  Haggerty,  Patrick  J.,  retirement  for  acci- 
dental disability,  of,  by,  under       .  .         .•      .  .  • 
Stack,   John   F.,   retirement   for   accidental   disability,   of 
under          ........ 

state  board  of  retirement,  Horton,  Ella  B.,  payment  of  an 

annuity  to,  by     . 
state-Boston,  of,  George  Robert  White  Fund,  employees,  cer 

tain,  of,  made  eligible  for  membership  in 
teachers,  of,  creditable  service,  under,  change  in  law  relative  to 
Weymouth,  town  of,  Du  Val,  Mabel  E.,  payment  of  member 
survivor  benefits  to,  under    ...... 

Worcester,  city  of,  Muhr,  George  E.,  reinstatement  purposes, 
under  ......... 

Research  bureau,  legislative  (see  General  Court). 
Research  council,  legislative  (see  General  Court). 
Revenue  bonds  (see  Bonds). 
Revere,  city  of  (see  Cities  and  towns). 

Youth  Commission,  director  of,  present  incumbent  of,  tenure  of 
office,  relative  to  ....... 

Rice,  Harold  P.,  payment  by  county  of  Essex  of  sum  of  money  to  . 
Richmond,  pond,  drawing  of  water  from,  regulation  on 

town  of  (see  Cities  and  towns). 
Rivers,  (see  Waters  and  waterways). 
Roads  (see  Ways). 

Robbery,  and  certain  related  crimes,  statute  of  limitations  for,  ex- 
tension of  time  under  ....... 

Robinson,  Governor  George  D.,  Bridge,  certain  bridge  in  city  of 
Chicopee  designated  as  .....  . 

Roughan's  Point,  sea  wall  at,  raising  of       ....  . 

Roxbury,  district,  municipal  court  of  (see  District  courts). 
Ryan,  Reverend  Francis  A.  Memorial  Playground,  certain  play- 
ground in  Mattapan  district  of  city  of  Boston  designated 


686 
494 


594 
396 


396 
355 


399 


53 

145 


554 

704 


690 
501 


157 


1-3 


1,  2 
1.2 

1-3 
1.2 


576 

1.2 

630 

1.2 

309 
560 

1-4 

300 

1.2 

691 

1,2 

77 

1,2 

240 

1.2 

586 

1.2 

781 


531 

473 


295 


1.2 


s. 

Sachem  Lodge  Cemetery  Association,  property  of,  transfer  to 

town  of  Pembroke,  by  ......       23 

Safety,  public,  department  of  (see  Public  safety,  department  of). 

Sailors  (see  Military  and  Naval  Services  of  the  United  States; 
Veterans). 

Saint  Elizabeth's  Hospital,  holding  of  additional  real  and  personal 

estate,  by,  authorized  .  .  .  .  .  .311 


1-5 


1.  2 


1268 


Index. 


Saint  Francis  Seraphic  Seminary,  payment  by  town  of  Tewks- 
bury  of  sum  of  money  to      ....  . 

Salem,  city  of  (see  Cities  and  towns). 

Sales,  alcoholic  beverage  (see  alcoholic  beverages). 

bait,  sale  of  on  Lord's  Day,  authorized    .... 

closing  out  sales,  bonds  given  in  connection  with,  disposition  of 
relative  to  ....... 

embalming  fluids,  arsenic  content,  of,  as  affecting 
personal  property,  conditional  sales  contracts,  prepayment  of 
providing  for       ....... 

real  estate  of  (see  Real  estate). 
Salisbury  Water  Supply  Company,  conveyance  by  state  depart- 
ment of  public  works  of  certain  land  to  .  .  . 
Salk  poliomyelitis  vaccine,  purchase  and  distribution  of  by  state 

department  of  public  health,  providing  for 
Sanatoria,  state,  LakeviLle  State  Sanatorium,  muscular  dystrophy, 
treatment  of,  at,  providing  for       ..... 

Saugus,  river,  drainage  area  of,  study  and  investigation  by  state 
department    of    public    works    of    drainage    conditions 
in       .  .  .  .  .  .  ,  .       Resolve 

town  of  (see  Cities  and  towns). 
Savings,  Bank  Investment  Fund,  securities,  certain,  investment  in, 

by 

institutions  for  (see  Banks  and  banking). 
Savin  Hill  Bay,  harbor  lines  in,  change  in  . 
Savoie,  Alfred  J.,  payment  by  city  of  Lawrence  of  sum  of  money 

to 

School  children  (see  Schools). 

School  committees  (see  Schools,  public). 

Schoolhouse  structvu^al  standards,   board  of,  establishment  in 

department  of  public  safety,  of      . 
SCHOOLS: 

private,  trade  schools,  further  regulation  and  definition  of 
public,   chiropodists,  school  children,  examination  of  feet  of, 
by,  providing  for  ....... 

high  schools,  days  of  attendance,  in,  nvunber  of,  relative  to 
juvenile  delinquency,  prevention  of,  programs  for,  in 
physically  handicapped,  special  classes  for,  providing  trans- 
portation for,  relative  to       .....  . 

state   aid,    increased,    for,    investigation   and   study   relative 
to      .......  .       Resolve 

trailer  coach  parks,  laws  regulating,  exemption  from,  for 
United  Nations  Day,  observance  of,  in,  providing  for 
special  provisions  relative  to  particular  schools: 

Babson  Institute,  master  of  business  administration,  degree 
of,  qualifications  for,  from     ...... 

Clarke  School  for  the  Deaf,  holding  of  additional  real  and 
personal  estate,  by,  authorized      ...... 

Lowell  Technological  Institute  of   Massachusetts,   board  of 
trustees  of,  acquisition  by  eminent  domain  of  certain 
land  in  the  city  of  Lowell,  by     . 
conveyance  of  certain  land,  by      ....  . 

medical   laboratory    technologists,    training    of,    schools   for, 
relative  to  ........ 

Worcester  County  Training  School,  abolishment  of 
See  also  colleges  and  universities. 
Scituate,  town  of  (see  Cities  and  towns). 
Scribner,  David,  civil  service  status  for         ....  . 

Sealer  of  weights  and  measures  (see  weights  and  measures). 
Search  warrants,  subversive  organizations,  books,  records  and  ma- 
terials, of,  issuance  for,  of     . 
SECRETARY,    STATE: 

in  general,  documents,  papers  and  records,  certain,  disposition 

of,  study  and  survey,  relative  to    .  .  .        Resolve 

salary  of,  increased     ........ 

filing  of  certain  instruments  with: 

American  Unitarian  Youth  and  Universalist  Youth  Fellow- 
ship, consolidation  of,  acceptance  votes  of     .  _ 
corporations,  certain,  annual  returns  of,  filing  of,  with,  powers 
and  duties  as  to  .  . 

filing  fees,  certain,  for,  relative  to      . 
fire  departments,  hours  of  duty  of  permanent  members  of, 
petitions  to  regulate,  date  for         ....  . 


Chap. 


73 


304 


217 

472 


455 


533 

481 


220 


74 


624 
534 


466 


Section. 
1,2 


156 
261 


1-3 
1-3 


1-3 


675 

1-3 

371 

1-4 

684 
109 
696 

772 

1,2 

135 
623 
265 

1 

351 
621 

1.2 

759 
427 

1.2 

45 

1.2 

272 

1.2 

104 
730 

5 

87 

1-5 

290 
338 

161 


Index. 


Chap. 


SECRETAB.Y,    STATE  —  Concluded. 

filing  of  certain  instruments  with  —  Concluded. 

First  Congregational  Church  of  North  Adams,  vote,  certain, 
to  establish  ........ 

First  Parish  Church  United  of  Westford,  votes,  certain,  to 
establish     ........ 

Lowell,  city  of,  new  boundary  lines  of,  plan  of 
Oak   Bluffs,   Tisbury,   town   of,   re-establishment   of   certain 
boundary  line  between,  plan  for    .... 

powers  and  duties,   adoptions,   certificates  of,   correction  of 
records  of  bu'th  to  conform  with    .... 

church  or  cemetery  corporations,  certain  certificates  of  incor- 
poration, for,  as  to       . 
non-residents,  certain,  doing  business  in  commonwealth,  serv- 
ice of  process  as  agent  for,  on         ...  . 

Selectmen,  development  and  industrial  commissions,  members  of 
appointment  of,  by,  authorized      .... 

Self -insurance  (see  Workmen's  Compensation). 
Senate  (see  General  Court). 

Seniority  rights,  civil  service  laws,  under  (see  Civil  service  laws). 
Sentences    (see  Criminal  procedure  and  practice;    Penal  and  re- 
formatory institutions). 
Sergeant-at-arms  (see  General  Court). 

Servants,  domestic,  coverage  under  workmen's  compensation  law,  of 

Service  of  process,  non-residents,  certain,  on,  secretary  of  state  as 

agent  for,  providing  for  ...... 

Servicemen  (see  Military  and  naval  services  of  the  United  States). 
Services,  obtaining  by  use  of  fraudulent  checks,  penalty  for   . 
Settlement,  veterans  of,  relative  to      .....  . 

Sewer  districts  (see  District ;  Metropolitan  district;  sewer  districts). 
Sewers  and  drains,  Hingham,  sewer  system  of,  relative  to 

Longmeadow,  sewage  treatment  works,  construction  of,  by 

Maiden,  sewage  disposal,  in,  relative  to  . 

Medford,  sewage  disposal,  in,  relative  to  .... 

Mount  Pleasant  sewer  district,  establishment  of        .  .  . 

Northampton,  sewage  treatment  works,  construction  of,  incur- 
ring of  indebtedness  for,  by  ..... 

North  Metropohtan  sewer,  repairs  to,  funds  for,  providing  for 

Randolph,  town  of,  addition  of  to  south  metropolitan  sewerage 

district        ......... 

sewerage  and  sewage  disposal  sj-stem,  construction  of,  by 
Westwood,  construction  and  operation  of  system  of 
Woods  Hole  Sewerage  system,  vote  by  town  of  Falmouth  rela- 
tive to,  confirmed  and  ratified        ..... 

Sex  crimes,  certain,  persons  convicted  of,  mandatory  prison  sen- 
tences for,  providing  for        ...... 

Sharon,  town  of  (see  Cities  and  towns). 

Shaw  Beach,  sea  wall  at,  raising  of       .....  . 

Sheehan,  Peter  S.,  conveyance  by  city  of  Springfield  of  certain  land 

to 

Shellfish,  importation  of,  relative  to     . 
Shrewsbury,  town  of  (see  Cities  and  towns). 

Silicosis,  or  other  occupational  pulmonary  dust  disease,  limitation 

under  workmen's  compensation  law  of  benefits  for,  repeal  of 

Sixty-third     Division     Association,     national     convention     of, 

proper  representation  of  conunonwealth,   at,  providing 

for     .......  .        Resolve 

Slaughtering  houses,  poultry,  act  relative  to       ...  . 

Small  claims  (see  Practice  in  civil  actions). 

Snow  and  ice,  injuries  resulting  from,  notices  to  owners  of  property 
for     .......... 

Social  Security  Act  (see  Federal  Social  Security  Act). 
Soil  conservation  committee,  state,  reorganization  of 
Soil  explorations  and  test  borings,  defixiing  of  as  public  works,  for 
certain  purposes  ....... 

Soldiers'  Home  in  Massachusetts,  transportation  to,  patients, 

visitors  and  employees,  for,  providing  for 
Soldiers'  relief  (see  Veterans'  benefits). 
Solicitation  of  funds  (see  Funds) . 
Somerville,  city  of  (see  Cities  and  towns). 

Sonnabend,  A.  M.,  payment  by  town  of  Millis  of  sum  of  money  to 
Southampton,  town  of  (see  Cities  and  towns). 
Southbridge,  town  of  (see  Cities  and  tovma). 


145 


144 
629 


416 
107 


490 
360 


102 


755 
360 

133 

740 

454 
178 
251 
251 
671 

462 
682 

410 

273 
380 

55 

763 

473 

747 
711 


234 


24 
289 


505 
307 


453 
720 


391 


1269 

Section. 


2 
2-3 


1.2 


1-3 

1-3 

1-12 

2 

2 

1-15 

1-3 

1-4 

1-10 
1-17 
1-15 

1-3 

1-4 


1,2 


1.  2 


1.  2 


1270 


Index. 


Chap. 


141 


551 


722 
576 


649 


appropriation  acts 


Southeastern  Massachusetts  Water  District,  establishment  of, 
feasibility  of,  investigation  and  study  relative  to,  scope 
of,  increased        ......        Resolve 

South  Hadley,  town  of  (see  Cities  and  towns). 
South  metropolitan  sewerage  district,  sewerage  works  within, 
certain,  cost  of,  additional  funds  for       .... 

Special  commissions  (see  Commissions,  state). 

Speedy  trial  (see  Practice  in  civil  actions). 

Sporting  licenses  (see  Hunting  licenses;   fishing  licenses). 

Springfield,  city  of  (see  Cities  and  towns). 

Springfield  Recreation  Authority,  creation  of  as  body  politic 

Stack,  John  F.,  retirement  by  city  of  Springfield,  of      . 

State  adjutant  general  (see  Militia). 

State  airport  management  board  (see  Airport  management  board, 

state) . 
State  airports  (see  Airports). 
State  assessment  system,  establishment  of  ...         . 

State  boards  (see  Names  of  specific  boards). 

State-Boston  retirement  system   (see  Retirement  systems  and 

pensions). 
State  commissions  (see  Commissions,  state). 
State  committees  (see  Elections). 
State  conventions,  political  parties,  of  (see  Elections). 
State  elections  (see  Elections). 

State  employees  (see  Commonwealth,  officers  and  employees  of). 
State  employees'  group  insurance  commission,  establishment 

of,  powers  and  duties  of        .....  .     628 

STATE  FINANCE: 

f  175 
372 
465 
468 
496 
682 
706 
738 
,784 

bonds,  notes,  etc.,  issuance  of,  capital  outlay  program  of  com- 
monwealth, for    ........     738 

capital  outlay  program  for  commonwealth        ....     738 

[497 
emergency  expenditures,  certain,  authorized     .  .  .  .  {  620 

1  668 

floods,  current  year,  in,  repair  work  made  necessary  by,  funds  1^698 

for,  relative  to     .  .  .  .  .  .  .  .  \  699 

General  fund,  crediting  of  old-age  assistance  funds  to,  abolish- 
ment of  old-age  assistance  fund     .....     540 

state  activities,  funds  for,  providing  for  .....     707 

state  owned  airports,  fines  and  penalties,  of,  crediting  of  to  gen- 
eral fund     .........     452 

State  fish  pier  (see  Fish  pier,  state). 

State  forests  (see  Parks  and  reservations). 

State  funds  (see  State  finance). 

State  guard  (see  Militia). 

State  highways  (see  Ways). 

State  hospitals,   Danvers  State  Hospital,  medical  and  infirmary 

building  at,  designated  as  Clarence  A.  Bonner  Building  .     278 
Metropolitan  State  Hospital,  building  for  psychotic  children  at, 

designated  as  Gaebler  children's  unit      ....     279 

Monson   State   Hospital,    building,    certain,   at,    designated   as 

Beatrice  V.  Buckley  Building         .....         8 

Northampton  State  Hospital,  land  certain,  of  commonwealth,  at, 

conveyance  of     .  .  .  .  .  .  .  .159 

State  house,  leasing  of  quarters  outside  of,  state  agencies  for,  further 

regulation  of        .......  .     317 

State  housing  board  (see  Housing  board,  state). 
State  land  (see  Commonwealth,  land). 

State  librarian,  Calvin  Coolidge  Memorial  Room,  establishment  of 
in  Forbes  Library  in  city  of  Northampton,  powers  and 
duties  as  to  .  .  .  .  .  .  .  .     547 

State  office  building  commission,  revived  and  continued    Resolve      94 
State  officers  and  employees  (see  Commonwealth,  officers  and 
employees  of). 


Section. 


1-4 


1-20 
1,  2 


1-4 

1-13 

1-10 

2 

1-4 

1 

1-15 

1-7 

1-9 

3-7 
1-7 
1-3 
1,  2 
1,  2 
1-5 
1-7 

1-7 
1-11 


1,2 
1.  2 
1,  2 

1,  2 

1-3 


Index.  1271 

Chap.  Section. 

State  parks  fsee  Parks  and  reservations). 

State  penal  institutions  (see  Penal  and  reformatory  institutions). 

State  planning  board  (see  Planning  board,  state). 

State  police,  division  of  (see  Public  safety,  department  of). 

State  primaries  (see  Elections,  primaries). 

State  printing  and  binding,  bids  and  contracts  for,  relative  to       .     614 

State  purchasing  agent  (see  Administration  and  finance,  commis- 
sion on). 

State  reclamation  board  (see  Reclamation  board,  state). 

State  retirement  board  (see  Retirement  systems  and  pensions). 

State  schools  (see  Schools). 

State  superintendent  of  buildings  (see  Superintendent  of  build- 
ings, state). 

State  tax  commission  (see  Corporations  and  taxation,  department 
of). 

State  Teachers'  Colleges,  special  commission  to  investigate  and 

study,  further  revived  and  continued     .  .        Resolve       39 

Westfield,  new  administration  building  at,  designated  as  Anthony 

Parenzo  Memorial  Building  .....     383 

State  treasurer  (see  Treasurer,  state). 

Statute  of  Limita/tions  (see  Limitations,  statute  of). 

Steam  boiler  insurance  (see  Insurance;   classes  of  insurance). 

Steam  railroads  (see  Railroads). 

Steel  industry,  development  of  within  commonwealth,  special  com- 
mission to  investigate  and  study,  revived  and  con- 
tinued        .  .  .  .  .  .  .        Resolve     136 

Steel  mills,   procurement  of  within  commonwealth,  investigation 

and  study  relative  to  .  .  .  .  .        Resolve       88 

scope  of,  increased  .....        Resolve     139 

Sterling  Leather  Company,  Inc.,  temporarily  revived  for  certain 

purposes     .........     301  1,  2 

Stock,  corporate,  shares  of  (see  Securities). 

Stolen  weapons,  return  to  lawful  owners,  of,  providing  for     .  .     160 

Stoughton,  Health  Center,  incorporation  of  ....     714  1-10 

town  of  (see  Cities  and  towns). 

Straits  Pond,  control  of  insect  life  in,  relative  to  .  .  .  .     557 

Street  railways,  investigation  and  study  relative  to  provid- 
ing    ........       Resolve      79 

Street  trades  (see  Labor). 

Streets  (see  Ways). 

Strikes  (see  Labor). 

Sturgis,  Franklin,  Jr.,  estate  of,  payment  by  commonwealth  of  sum 
of  money  to         .....  .        Resolve 

Subcontractors,  public  works  contracts  on,  payment  of 

Subdivision  control  law,  appeals,  certain,  under,  speedy  trials  for 

industrial  land  to  be  included  in  provisions  of  law,  of 

parks,  setting  aside  land  for,  under  ..... 

plans,  certain,  certification  of,  power  of  planning  boards  for, 

delegation  of,  providing  for  ...... 

Subdivisions,  land  for  park  purposes,  in,  relative  to       .  .  . 

Substandard  housing,  persons  hving  in,  housing  projects  for,  rela- 
tive to    _     . 

Subversive  activities,  special  commission  to  investigate  and  study, 

revived  and  continued  ....        Resolve 

scope  of,  increased      ......        Resolve 

Subversive  organizations,  books,  records  and  materials,  of,  issu- 
ance of  search  warrants,  for,  providing  for 

SUFFOLK  COUNTY: 

Boston,  contracts  made  by  officials  of,  for,  relative  to 
Brickley,  William  J.,  payment  of  pension  to,  by        .  .  . 

District  Attorney,  ten  additional  assistant  district  attorneys  to, 
providing  for        ........ 

Medical  examiners,  salaries  of,  increased  .... 

Probate  court,  additional  court  officer  for  .... 

Suits,  civil  (see  Actions,  civil;   Practice  in  civil  actions). 

Summary  process,  judgment  and  execution  in,  further  stay  of, 

providing  for 226  1,2 

Sunday  (see  Lord's  Day). 

Sun  Valley  Beach,  Inc.,  payment  by  Bourne  Water  District  of 

sum  of  money  to  .......     447  1-3 

Superintendent  of  buildings,  state,  capitol  police,  expenses  and 
damages,  certain,  incurred  by,  reimbursement  for,  pay- 
ments for,  by       .......  .     581 


62 
701 
348 
411 
324 

1.2 

326 
324 

1.2 

641 

52 
129 

272 

1.  2 

60 
517 

1-3 
1,  2 

582 

422 

1.  2 

1272 


Index. 


Superintendent  of  buildings,  state —  Concluded. 
premises,  certain,  acquisition  of,  by      . 

quarters,  leasing  of  outside  the  state  house  by  state  agencies, 
powers  and  duties  as  to         . 
Superior  court  (see  Supreme  judicial  and  superior  courts). 
Support,  dependents  for,  change,  certain,  in  law  relative  to     . 

parents  of,  liability  of  children  for  ...... 

wives  and  children  for,  deduction  from  retirement  allowances  of 
persons  residing  outside  the  commonwealth    . 
Supreme  Council  of  the  Royal  Arcanum,  funds,  certain,  consoli- 
dation of,  by,  authorized       ...... 

SUPREME  JUDICIAL  AND  SUPERIOR  COURTS: 

superior  court,  Essex,  courthouse  in  city  of  Lawrence,  installa- 
tion of  elevator  in,  providing  for   ..... 

jurors,  compensation  of,  increase  of,  for         .... 

examination  of  persons  called  as,  investigation  by  judicial 
council  relative  to         ....  .        Resolve 

information  relative  to  persons  sitting  as,  change  in  law  rela- 
tive to        .  .  .  .  . 

justices,  certain,  of,  salaries  of,  relative  to     . 
justices  and  clerks  of,  salaries  of,  established 
planning    boards,    boards   of   appeal,    certain   appeals   from, 
speedy  trial  for,  in,  providing  for  ..... 

police  officers,  compensatory  time  off  for  attendance  of  crim- 
inal cases,  at,  providing  for  ...... 

verdicts,  civil  cases  in,  permitting  ten  jurors  to  render,  investi- 
gation by  judicial  council  relative  to      .  .        Resolve 
Worcester  county,  fifth  assistant  clerk  of  courts,  for,  provid- 
ing for         ......... 

supreme  judicial  covu"t,  justices  and  clerks,  of,  salaries  of, 
established  ........ 

subversive  organizations,  issuance  of  search  warrants  for  books, 
records  and  materials,  of,  by 
Surety  bonds  (see  Bonds). 
Swampscott,  town  of  (see  Cities  and  towns). 
Swansea,  town  of  (see  Cities  and  towns). 

Sweetser,  General  E.  Leroy  interchange,  certain  interchange  in 

city  of  Everett  designated  as  .  .  .        Resolve 

Switch  stands,  railroad  tracks,  on,  relative  to       ...  . 


iap. 

Section. 

625 

1-3 

317 

1,  2 

29 
492 

1-3 

686 

232 

1-3 

287 
328 

1-3 

1 

38 
475 
733 

1-3 
1-6 
2,8 

348 
223 


1,  2 


354 

1.2 

733 

1.  6,  8 

272 

1,2 

14 
491 

T. 

Taconic  Trail,  acquisition  of  certain  land  along,  by  department  of 
natural  resources  ....... 

Taunton,  city  of  (see  Cities  and  towns). 

Taverns,  closing  hours,  of,  extension  of  ..... 

TAXATION: 

in  general,  abated  taxes,  repayment  of  .... 

alcoholic  beverages,  pre-collection  of  taxes  from  retail  con- 
sumer, relative  to         .  .  .  .         _. 

equalization  and  apportionment,  special  commission  to  study, 
establishment  of        ....  .        Resolve 

scope  of,  increased        .....        Resolve 

forest  products  and  wild  land,  of,  relative  to  .  .  . 

fuels,  special,  taxation  of  sales  and  use  of,  study  relative 

to      .......  .       Resolve 

laws  relative  to,  corrective  changes  in  .... 

study  relative  to,  providing  for  .  .  .        Resolve 

problems  of,   special  commission  to  investigate  and   study, 

further  continued     .....        Resolve 


578 


scope  of,  increased 


further  continued         ... 
state  activities,  fimds  for,  providing  for,  by 


Resolve 
Resolve 


336 

243 

421 

1.2 

81 

100 

705 

1-3 

119 

611 

1-8 

116 

32 

44 

64 

112 

117 

125 

131 

134 

707 

1-11 

194 

580 

1.2 

549 

1-3 

613 

707 

8 

707 

1 

635 

1 

707 

9 

344 

1-3 

/495 
\580 

1,2 

1,2 

421 

1,  2 

Index.  1273 

Chap.  Beottoa. 

TAXATION  —  Concluded. 

abatements,    soldiers  and   sailors  and   their   wives,   widows, 
fathers  and  mothers,  time  for  filing  applications  by,  for, 
extension  of         .......  .     148 

betterments,   liens  for  unpaid  assessments  rfor,  duration  of, 
relative  to  ........ 

corporations  of,  alcoholic  beverage  sales  by,  taxation  of  . 
assessment  of,  time  of  making  of,  relative  to  .  .  . 

assessments  and  abatements  after  final  determination  of  federal 
net  income,  relative  to  ...... 

banks,  temporary  additional  tax  on      . 

certain  temporary  additional  taxes  on,  further  continued 

corporate  distributions,  change  in  law  relative  to  . 

insurance  companies,  domestic,  temporary  additional  tax  on  . 

telephone  and  telegraph  companies,  property  of,  relative  to    . 

excise  tax,  alcoholic  beverages,  certain,  on       .  .  .  . 

relative  to  precollection  from  retail  consumer,  of 
cigarettes,  sales  of,  temporary  additional  tax  on,  further  con- 
tinued              707  11 

disabled  veterans,  motor  vehicles  of,  exemption  for,  from  pay- 
ment of 320 

documentary  stamp,  use  of  metering  machines  in  registries  of 
deeds,  for  sales  of         ......  . 

registered  motor  vehicles  and  trailers,  certain,  on,  relative  to 

reimbursement  to  certain  persons  suffering  flood  damage,  of 

payments  for       ........ 

exemptions,  disabled  veterans,  certain,  for,  not  applicable  when 
conveyance  is  for  tax  evasion  purposes  .... 

motor  vehicles  of,  for       ....... 

horse  and  dog  race  meetings,  certain  taxes  imposed  upon,  in- 
crease of     ........  . 

incomes  of,  abatements  of,  filing  of  applications  for,  relative  to 
repayment  of  ........ 

accounting  methods  required  under  law  relative  to 

capital  gains  or  losses,  determination  of,  change  in  law  relative 

to      ...         .         

estates  and   trusts,   computation  of,  time  for  filing  returns 
thereof        ......... 

evasion  of  payment  of,  additional  payment  for 
guardians  and  conservators,  premiums  of  surety  bonds  of,  de- 
duction for,  under         ....... 

medical  expenses,  certain,  deduction  for,  under 
non-residents,  income  earned  in  commonwealth  by,  of    . 
tax  returns,  contents  of,  disclosure  of,  relative  to  . 

simplified  form  for  certain  taxpayers  .... 

temporary  additional  taxes  on,  further  continued 
inheritance  tax,  charitable,  educational  and  religious  exemp- 
tions, under,  further  defining  of    . 
legacy  and  successions,  on,  temporary  additional  taxes  on, 
further  continued  ....... 

poll  taxes,  collection  of  after  assessment  of,  relative  to 
real  estate,  assessment  systems  for  cities  and  towns,  for  provid- 
ing for         ........  .     649 

cities  and  towns,  reimbursement  to,  for  loss  of  taxes  on  certain 

state  lands,  relative  to  ......     467 

tax  rates,  cities,  of,  use  of  certain  available  funds  for  reduction 

of 202  1,  2 

Taxes,  collectors  of  (see  Collectors  of  taxes). 

Teacher  certification  and  placement,  division  of,  establishment 

of  in  department  of  education        .....     514 
Teachers  (see  Schools). 

Teachers'  Colleges,  State  (see  State  Teachers'  Colleges). 
Teachers'  retirement  system  (see  Retirement  systems  and  pen- 
sions). 
Telephone  and  Telegraph  companies : 

American  Telephone  and  Telegraph  Company,  lines,  poles  and 

equipment,  certain,  of,  locations  of,  validated  .  .     215  1,  2 

New  England  Telephone  and  Telegraph  Company,  lines,  poles, 

and  equipment,  certain,  of,  locations  of,  validated  .  .     215  1,  2 

party  line  telephones,  priority  of  emergency  calls  on,  relative  to     120 
property  of,  assessed  valuation  of,  abatements  of  and  appeals 

therefrom,  relative  to  .  .  .  .  .  .  .     344  1-3 


651 

587 

1,2 

1-3 

745 

312 
320 

276 
545 
243 
618 

635 

1-3 

592 
539 

1-4 
1,  2 

527 
717 
780 
661 
692 
707 

1,  2 
1-10 

1,  2 
2.3 

596 

707 
474 

6 
1.  2 

1274 


Index. 


Chap. 

Telephone  and  Telegraph  companies  —  Concluded. 

telephone  companies,  employees  of,  inclusion  in  workmen's  com- 
pensation act,  of  .......     366 

telephone  service,  interruptions  of,  problems  relating  to,  investi- 
gation and  study  relative  to  .  .  .        Resolve     113 
Western  Union  Telegraph  Company,  lines,  poles  and  equipment, 

certain,  of,  locations  of,  validated  ....     215 

Television,  use  of,  educational  purposes,  for,  special  commission  to 

investigate  and  study,  revived  and  continued         Resolve       54 
Lord's  Day,  on,  relative  to     .  .  .  .  .  .  .     742 

Telford,  Edna  B.,  present  member  of  house  of  representatives,  pay- 
ment of  salary  to  ....  .        Resolve       90 

Terry,  Church,  family  burial  lot  of  heirs  of,  eminent  domain  taking 

of  by  state  department  of  public  works  .  .  .     293 

Tewksbury,  town  of  (see  Cities  and  towns). 

Tisbury,  town  of  (see  Cities  and  towns). 

Tobin,  Maurice  J.,  statue  or  memorial  to  commemorate,  erection 
of,  special  commission  to  investigate  and  study,  revived 
and  continued     ......        Resolve       46 

Tolland,  town  of  (see  Cities  and  towns). 

Torrance,  Ralph,  payment  by  town  of  Plymouth  of  sum  of  money 

to 101 

Torts  (see  Actions,  Civil). 

Tourist  routes,  system  of,  establishment  of,  providing  for     Resolve     110 

Town  clerks  (see  City  and  town  clerks). 

Town  officers  (see  Municipal  officers  and  employees;  and  specific 
titles). 

Town  treasurers  (see  City  and  town  treasurers). 

Town  ways  (see  Ways). 

Towns  (see  Cities  and  towns). 

Townsend,  town  of  (see  Cities  and  towns). 

Trade  schools,  private,  further  regulation  and  definition  of 

Trailer  coach  parks,  educational  institutions  exempted  from  pro- 
visions of  law  regulating        ...... 

Trailers  (see  Motor  vehicles). 

Training  schools,  inmates  of,  solitary  confinement  for,  prohibited   . 

Trains  (see  Railroads). 

Transit  companies,  local,  investigation  and  study  relative  to,  pro- 
viding for  .......        Resolve 

Transportation  companies,  premises  used  by,  drinking  water, 
water  closets  and  washing  facilities,  for,  providing  for 

Trapping  licenses,  revocation  of,  relative  to  ...  . 

TREASURER,  STATE: 

airport  management  board,  state,  bonds  to  be  issued  in  connec- 
tion with,  powers  and  duties  as  to 


bonds  and  notes,  issuance  of  certain,  by 


Boston  Arena  Authority,  payment  of  sum  of  money  to,  by 
capital  outlay  program  for  commonwealth,  bonds  to  be  issued  in 

connection  with,  powers  and  duties  as  to 
borrowing  of  funds  for,  powers  and  duties  as  to      . 
cities  and  towns,   borrowing  of  money  by,  under  act  creating 

emergency  finance  board,  powers  and  duties  as  to  . 
Dahner,  Jolin  D.,  issuance  of  new  check  to,  by  .  .  . 

deposits,  certain,  by,  relative  to      .....  . 

emergency  finance  boards,  bond  to  be  issued  in  connection  with, 

powers  and  duties  as  to         . 
excise  taxes,  reimbursement  of  to  certain  persons  suffering  flood 

damage,  payment  of,  by        . 


371 
623 
357 

77 

373 
647 

/769 

1775 

410 

519 

551 

583 

625 

682 

698 

699 

706 

726 

731 

738 

743 

768 

769 

775 

"598 

/738 

\775 

738 

/262 

\726 

3 

167 

/726 

\775 

745 


Section. 


1.  2 


1-3 


1-4 


1,  2 


2 

19 

5,  6 

5 

2,  3 

2,3 

2 

2 

2 

3 

2B 

2 

3 


4,  5 

2,  3,  4 
1-19 

3,  5,  7 
13,  14,  16 

1-7 

1,  2 

2 

1,  2 

2 
11 


Index.  1275 

Chap.  Section. 

TREASURER,  STATE  —  Concluded. 

Federal  Social  Security  Act,  financial  assistance  secured  under, 

powers  and  duties  as  to         .          .          .          .          .          .     700  2 

f  698  2-5 

flood  damage,  expenditures  for,  powers  and  duties  as  to    .          .  \  699  3 

1739  1,2 

floods,  certain,  in  current  year,  expenditures,  certain,  because  of,  f  698  2 

bonds  to  be  issued  in  connection  with,  powers  and  duties  \  699  3 

as  to            .          .          . i  775  9,  10 

general  fund,  crediting  of  old  age  assistance  funds  to,  powers 

and  duties  as  to             .......     540  1-7 

Horseneck  beach,  recreational  facilities,  certain,  at,  bonds  to  be  f  583  2,  3 

issued  in  connection  with,  powers  and  duties  as  to             .  1  775  5,  6 

Lake  Quinsigamond,  state  park  adjacent  to,  bonds  to  be  issued  |519  5 

in  connection  with        .          .          ...          .          .  \  775  2 

Leahy,  James  J.,  issuance  of  new  check  to,  by           ...         2  1,  2 

[574  3 

Metropolitan  District  Commission,  projects,  certain,  of,  bonds     731  3 

to  be  issued  in  connection  with,  powers  and  duties  as  \  743  8 

to 768  4 

i775     3,  12,  17,  18 
Metropolitan  Transit  Authority,  deficiencies,  certain,  of,  method 

of  assessing  amount  of,  powers  and  duties  as  to       .          .     229  1,  2 

north  metropolitan  sewer,  repairs,  certain,  to,  bonds  to  be  issued  f  683  2 

in  connection  with,  powers  and  duties  as  to    .          .          .  \  775  8 
Plymouth  county,  reimbursement  for  expenses  incurred  in  trial 

of  certain  state  farm  inmates,  payment  to,  by  .  .     525 

salary  of,  increased         ........     730  6 

Salk  poliomyelitis  vaccine,  gifts  and  grants  for,  expenditure  of, 

by 481  1-3 

south  metropolitan  sewerage  district,  certain  bonds  issued  in  con-  J  (-(-V  o 

nection  with,  powers  and  duties  as  to     .  .  .  .   ',  y-,-  ,    o 

superintendent  of  buildings,  state,  acquisition  of  certain  build-  "]  g25  2 

ings  by,  bonds  to  be  issued  in  connection  with,  powers  >  -^jq  7 

and  duties  as  to  .  .  .  .  .  .         .J 

tax  abatements,  repayment  of,  by  .  .  .  .  .  .     243 

teachers  of  special  classes,  payments  to  cities  and  towns  for  cost 

of,  powers  and  duties  as  to  .  .  .  .  ._         .     626  2 

Westwood,  town  of,  sewerage  system  for,  amount  to  be  paid  by, 

determination  of,  by    .  .  .  .  .  .  .     380  14 

Youth  service,  division  of,  expenditures,  certain,  of,  certification 

of,  to 518  2 

Treasurers,  city  and  town  (see  City  and  town  treasurers). 

county  (see  County  treasurers). 
Trespass,  motor  vehicles,  by,  burden  of  proof  in  certain  prosecution 

for 269 

Trial  justices,  elimination  of,  from  laws  relative  to  election  inquests 

and  certain  criminal  proceedings   .....      131  1-12 

Trials,  civil  (see  Practice  in  civil  actions). 

criminal  (see  Criminal  procedure  and  practice). 
Trinity  Church  in  the  city  of  Boston,  holding  of  additional  real 

and  personal  estate,  by,  authorized         .  .  .  .30 

Trucking  companies,   premises  used   by,  drinking  water,   water 

closets  and  washing  facilities,  for,  providing  for        .  .     373  1.  2 

Trucks  (see  Motor  vehicles). 
Truro,  town  of  (see  Cities  and  towns). 
Trust  companies  (see  Banks  and  banking). 
Trust  funds,  health  and  welfare,  administration  and  regulation  of, 

investigation  and  study,  relative  to  need  for  .        Resolve     107 
Trustees  (see  Fiduciaries). 

Trusts,  income  of,  taxation  of,  time  for  filing  returns  thereof,  rela- 
tive to         . 592  1-4 

minimum  participation  permissible  in  investment  of  small  trust 

funds  .........       63 

Tuberculosis,  hospitals,  counties,  of,  expenditures  for  maintenance, 

etc.,  of        .  .  .  .  .  .  .  .  .642 

patients,  care  for  by  cities  and  towns,  relative  to      .  .  .     559  1,  2 

Turner,  Warren  A.,  present  member  of  house  of  representatives, 

payment  of  salary  to   .  .  .  .  .        Resolve       91 


1276  Index. 

U. 

Chap.  Section. 

Undertakers,  reports  of  deaths,  fee  for,  to,  abolished      ...       95  2 

Unemployment  (see  Employment  security  law). 

Uniform  Aircraft  Financial  Responsibility  Act,  establishment  of    666  1,  2 

Uniform  boat  regulations  (see  Boat  regulations,  uniform). 
Uniform  commercial  code,  special  commission  to  investigate  and 

study,  further  revived  and  continued     .  .        Resolve       89 

Uniforms,  armed  forces  of  United  States  and  commonwealth,  of,  un- 
lawful wearing  of,  relative  to  ....  .     204 

Unions,  credit  (see  Credit  unions). 

trusteeships,  certain,  of,  exemption  from  provisions  of  law  rela- 
tive to  domestic  insurance  companies,  for        .  .  .     636 
United  Nations  Day,  observance  of  in  schools,  providing  for  .  .     265  1 
United  States,   armed  forces  of,  unlawful  wearing  of  uniform  of, 

relative  to  ........     204 

civilian  emplovees,  certain,  of,  provisions  of  absentee  voting  ex- 
tended to 321 

Federal  emergency  laws  (see  Federal  emergency  laws). 
Fish  and  Wildlife  Service,  of,  leasing  of  certain  land  by  depart- 
ment of  natural  resources,  from     .....     544  1-3 

Fort  Devens,  land,  certain,  in  vicinity  of,  acceptance  by  com- 
monwealth of  concurrent  jurisdiction  over      .  .  .     658  1,  2 
Hanscom,  Laurence  G.,  Field,  consent  of  commonwealth  to  ac- 
quisition of  certain  lands  for          .....     347  1-3 

Hospital  Survey  and  Construction  Act,  of,  provisions  of,  ad- 
ministration by  department  of  public  health,  of       .  .     331  1,  2 
medical  service  corporations,  providing  medical  services  for,  by, 

relative  to  ........     186 

Universities  and  Colleges  (see  Colleges  and  universities). 
University  of  Massachusetts,  Building  Association,  holding  of  ad- 
ditional real  estate,  by,  leasing  of  certain  state  land,  to    .     444  1,  2 
trustees  of,   national  resources,  study,  certain,  relative  to,  by, 

jointly  with  department  of  natural  resources  .  .     439 

Massachusetts  State  College  Building  Association,  leasing  of 

certain  state  land,  to,  by       .  .  .  .  .  .     444  1,  2 

Upton,  town  of  (see  Cities  and  towns). 

Urban  Renewal  Projects,  act  relative  to     .         .         .         .         .     654  1-5 

Used  cars  (see  Motor  vehicles). 

Utilities,  public,  department  of  (see  Public  utilities,  department 
of). 


V. 

Vehicles  (see  Motor  vehicles). 

Venue,  district  courts,  in     .  .  .  .  .  .  .  .158 

Veterans,  cancer  treatment  for,  payments  for,  relative  to         .  .     585  1-3 

disabled,  hawkers  and  peddlers  licenses,  for,  relative  to      .  .     214 

motor  vehicle  excise  tax,  exemption  from  payment  of,  for        .     320 
eligibility  for  veterans  benefits,  law  relative  to,  changes  in         .     305  1-3 

housing  projects,  state  aided,  for  consolidation  of,  authorized     .     489 
Korean  emergency,  of,  on-farm  training  for,  providing  for  .     680 

rights  of,  relative  to 403  1-14 

laws  relative  to,  investigation  and  study  relative  to  .        Resolve     133 
Memorial  Park,  certain  little  league  park  in  city  of  Medford  to 

be  designated  as  .  .  .  .  .  .  .431 

rights  and  privileges  of,  further  defined    .....     708  1,  2 

settlement  of,  relative  to         ......  .     740  1-3 

tax  abatements,  for  (see  Taxation). 

tax  exemptions,  real  estate,  on,  for,  exclusion  of  certain  property 

from  .  .  .  .  .  .  .  .  .     312 

See  also  American  Defenders  of  Bataan  and  Corregidor,  Inc.; 
American  Legion,  The;  American  Veterans  of  World 
War  II,  AMVETS;  Army  and  Nav>'  Union,  U.  S.  A.; 
Disabled  American  Veterans,  Department  of  Massachu- 
setts, Inc.;  Federal  Employees  Veterans  Association, 
Inc.;  55th  Artillery  A.  E.  F.  Veterans  Association; 
Franco-American   War   Veterans,    Inc.;     Marine   Corps 


Index.  1277 

Chap.  Section. 

Veterans  —  Concluded. 

League;  Military  Order  of  the  Purple  Heart;  lOlst  Air- 
borne Division  Association ;  Polish-American  Veterans  of 
Massachusetts,  Inc. ;  Reserve  Officers  Association  of  the 
United  States;  63rd  Division  Association;  Veterans  of 
Foreign  Wars. 

Veterans  benefits,   borrowing  of  money  by  cities  and  towns  for 

purposes  of  ........       18  1-4 

eligibility  for,  law  relative  to,  changes  iii  ....     305  1-3 

Veterans  of  Foreign  Wars,  national  convention  of  in  city  of  Boston, 
proper   representation   of   commonwealth   at,    providing 
for     ........        Resolve         6 

state  convention  of,  proper  representation  of  commonwealth  at, 

providing  for        ......        Resolve         8 

Veterans'  Services,  Commissioner  of,  cancer  treatment,  veterans 
for,  payments  by  cities  and  towns  for,  reimbursement  to, 

by 585  3 

eligibility  for  benefits,  changes  in  law  relative  to,  powers  and 

duties  as  to  .  .  .  .  .  .  .  .     305  1-3 

Voting  (see  Elections). 


w. 

Wages,  credit  union  loans,  deductions  for,  from,  made  permissible  .     631 

minimum,  fair  rates,  of,  increased  ......     762  1-4 

pa\ment  on  public  works  projects,  of  .  .  .  .  .     180 

weekly  payment  of,  law  relative  to,  further  amendment  of  .     506 

Wakefield,  town  of  (see  Cities  and  towns). 

Walden  Pond  State  Reservation,  addition  to,  providing  for         .     566  1-3 

Walsh,  George  T.,  Highway,  certain  portion  of  route  3A  desig- 
nated as      ........  .     776 

Waltham,  city  of  (see  Cities  and  towns). 

War  veterans  (see  Veterans). 

Ward  and  town  committees  (see  Elections). 

Warrants,  search  (see  Search  warrants). 

Washington  Day,  proclamation  as  to  .  .  .  .  .  .     265  2 

Water  companies,  in  general,  funds,  investment  of,  by,  regulation  of     187 
Salisbury  Water  Supply  Companj^  conveyance  by  state  depart- 
ment of  public  works  of  certain  land,  to  .  .  .     533  1-3 
WATERS  AND  WATERWAYS: 

in  general,  Massachusetts  Turnpike  Authority,  construction  by, 

on  or  over  ........     213 

tidal  and  non-tidal  waters,  certain  work  by  department  of  f      5 

public  works,  in  .......  \  448  1,  2 

brooks  and  streams,  Chester  brook  and  Beaver  brook,  Wal- 
tham, in,  drainage  conditions  of,  study  relative  to   Resolve     138 
Cranberry   brook,    flooding   of,    cause   of,   investigation   and 

study  relative  to,  providing  for      .  .  .        Resolve       75 

Furnace  brook,  enclosure  by  pipe  or  conduit,  of,  providing  for     600 
Spot  Pond  brook,  Saugus  Branch  brook.  Linden  brook  and 
Town  Line  brook,  drainage  and  flood  control  facilities 

for,  construction  of,  by  metropolitan  district  commission     574  1-4 

harbors  and  bays,  Boston  harbor,  department  of  public  works 

authorized  to  do  certain  work  in  tidal  waters,  of      .  .5 

Fairhaven  harbor,  improvement  of,  investigation  and  study 

relative  to,  continued  .....        Resolve       45 

Savin  Hill  bay,  harbor  lines  in,  change  in      .  .  .  .     534  1-3 

ponds  and  lakes,  Chapin  pond,  right  of  way  for  public  access  to, 

establishment  of,  providing  for      .....     252  1-5 

Fellsmere  pond,  improvement  by  metropolitan  district  com- 
mission, of  ........     655 

Goodrich  pond,  public  access  to,  establishment  of,  providing 

for 258  1-5 

great  ponds,  submerged  weeds,  in,  elimination  or  control  of, 

investigation  relative  to,  continued         .  .        Resolve       28 

Hanson,  town  of,  in,  control  of  by  said  town,  providing  for     .     103  1-6 

Lake  Winnaconnet,  management  by  division  of  fisheries  and 

game  of  department  of  natural  resources,  of ,  providing  for     482  1,2 

Louisa  lake,  improvement  of,  study  by  metropolitan  district 

commifiaion,  relative  to         ...         .       Resolve     143 


105 
253 
254 

1-5 
1-5 

63 

586 
557 

1,2 

72 

768 
143 
144 

1-5 

1278  Index. 

Chap.  Section. 

WATERS  AND  WATERWAYS  —  Concluded. 
ponds  and  lakes  —  Concluded. 

Musquashiat  pond,  control  of  insect  life  on,  providing  for       .     423 
Mystic  pond,  draining  and  filling  of,  investigation  and  study- 
relative  to  ......       Resolve 

Nine  Mile  pond,  public  access  to,  establishment  of 
Norwich  lake,  public  access  to,  establishment  of    . 
Nuttings  lake,  dredging  of,  feasibility  of,  investigation  and 
study  relative  to  .....        Resolve 

Richmond  pond,  drawing  of  water,  from,  regulation  on 
_  Straits  pond,  control  of  insect  life  in,  relative  to    . 
rivers,  Blackstone  river,  improvement  of,  portions  of,  special 
commission  to  study    .....        Resolve 

Charles  river,  and  its  tributaries,  flood  control  construction 
for,  providing  for  ....... 

portions,  certain,  of,  improvement  of,  study  by  metropolitan 
district  commission  relative  to       .  .  .        Resolve  \ 

Ipswich  river,  dredging  and  improvement  of,  investigation  and 

study  by  department  of  public  works  relative  to    Resolve     102 
Little   river,    improvement   by   state   department   of   public 

works,  of    ........  .     502 

Mystic   river,    land,    certain,    adjacent  to,  improvement  of, 
study    by    Metropolitan    District    Commission    relative 

to Resolve       79 

Neponset  river,  lands  adjacent  to,  draining  of,  study  relative 

to,  further  continuation  of    .  .  .  .        Resolve       56 

relief  of  flood  conditions  in,  reclamation  of  land  adjacent 

thereto,  providing  for  .  .  .  .  .  .  .     743  1-9 

Saugus  river,  drainage  area  of,  study  and  investigation  by 
state  department  of  public  works,  of  drainage  conditions 

in Resolve       74 

Westfield  river,  improvement  by  state  department  of  public 

works,  of    ........  .     502 

Water  districts  (see  Districts;  Water  supply). 
WATER  SUPPLY: 

in  general,  water  pipes,  laying  of,  certain,  by  cities,  towns  or  dis-  f  332 
tricts,  special  assessments  for,  levying  of,  relative  to         .  \  639 
Bourne  Water  District,  payment  of  sum  of  money  to  Sun  Valley 

Beach,  Inc.,  by 447  1-3 

Brookline-Newton  water  lands,  future  use  of,  investigation  and 

study  by  special  commission,  relative  to  .        Resolve       38 

Burlington  Water  District,  sale  of  water  by  town  of  Lexington, 

to 511  1,  2 

Cohasset,  fluoride  supplementation,  of,  submission  to  voters  of 

question  relative  to      .  .  .  .  ,  .  .61  1,2 

Lakeville,  certain  inhabitants,  for   ......     459 

Maiden,  in,  relative  to  .  .  .  .  .  .  .  .     251  1 

Medford,  in,  relative  to  .......     251  1 

Mount    Pleasant    Water    District,    establishment    in    town    of 

Leicester,  for        ........     664  1-14 

Needham,  fluoridation,  submission  to  voters  of  question  relative  to    408  1 ,  2 

Springfield,  Robinson  State  Park,  easement  for  water  supply 

purposes,  in,  granting  of,  to  .....     508 

Watertown  Firefighters  Relief  Association,  Inc.,  death  benefits 

of,  relative  to      .......  .     286 

Watertown,  town  of  (see  Cities  and  towns). 
Waterways,  division  of  (see  Public  works,  department  of). 

Ways,  in  general,  water  pipes,  cost  of  laying  of,  in,  relative  to         .  <  gog 

private,  statutory  regulations  as  to  speed  and  use  of  motor  ve- 
hicles, in,  providing  for  ......     135 

public,   Boston,  Morrissey  Boulevard,  construction  of  certain 

pedestrian  overpass,  on         .....  .     260 

use  for  playground  purposes,  by,  of  ....         1 

Everett,  certain  proposed  interchange  designated  as  General 

E.  Leroy  Sweetser  interchange       .  .  .        Resolve       14 

floods,  current  year,  in,  funds  for  highway  work  made  neces- 
sary, by    .  .  .  .  .  .  .  .     698  1-5 

clarification  of       ......  .     739  1,  2 

load  Umits,  permissible,  on,  relative  to  ....     736 

Massachusetts  Turnpike,  penalties  for  violations  of  rules  and 

regulations  pertaining  to       .....  .     653 

starting  point  of,  relative  to     .  .  .  .  .  .47 


Index.  1279 

Chap.  Section. 

Ways,  in  general —  Concluded. 
public  —  Concluded. 

Metropolitan  District  Commission  controlled,  property  abut- 
ting on,  investigation  and  study  relative  to,  revived  and 
continued  .......        Resolve       42 

Metropolitan  Transit  Authority  buses,  width  of,  for  operation 

on 105  1,  2 

public  institutions,  of,  maintenance  of,  by  state  department  of 

pubHc  works,  providing  for  ......     379  1,  2 

Route  3A,  portion,  certain,  designated  as  George  T.  Walsh 

Highway    .  .  .  .  .  .  .  .     776 

tourist    routes,     system     of,     establishment     of,     providing 

for     ........        Resolve     110 

Wasrward  children  (see  Children). 

Weapons,  dangerous,  assault  by,  penalty  for  ....     112 

stolen,  return  to  lawful  owners,  of,  providing  for        .  .  .      160 

Weights  and  measures,  sealers  of,  farm  milk  tanks,  annual  test- 
ing and  sealing  of,  by,  powers  and  duties  as  to         .  .185 
sealing  of,  by,  fee  for       .......     184 

interference  with  performance  of  duties  by,  penalty  for  .     190 

Welfare,  districts  (see  Districts). 

department  of  (see  Public  welfare,  department  of), 
local  boards  of  (see  Public  welfare,  boards  of), 
public  (see  Public  welfare). 
Wellesley  College,  holding  of  additional  real  and  personal  estate, 

by,  authorized     ........     246 

Wellesley  Housing  Authority,  disposal  of  state-aided  veterans' 

housing  project,  Wellesley  200-2,  by      .  .  .  .     567 

Wellesley,  town  of  (see  Cities  and  towns). 

Wentzell,  Frederick  A.,  employee  of  division  of  employment  se- 
curity, salary  adjustment  for  .  .  .        Resolve       47 
West  Boylston,  town  of  (see  Cities  and  towns). 
Western  Union  Telegraph  Company,  Hnes,  poles  and  equipment, 

certain,  of,  locations  of,  validated  ....     215  1,  2 

Westfield,  city  of  (see  Cities  and  towns). 

River,  improvement  by  state  department  of  public  works,  of     .     502 
State  Sanatorium,  cancer  patients,  veterans,  admission  to,  pay- 
ments for  care  of,  relative  to  ....  .     585  1-3 

State  Teachers'  College  (see  State  Teachers'  Colleges). 
Westminster,  town  of  (see  Cities  and  towns). 
West  Newbury,  town  of  (see  Cities  and  towns). 
Westport,  town  of  (see  Cities  and  towns). 
West  Springfield,  town  of  (see  Cities  and  towns). 
Westwood,  town  of  (see  Cities  and  towns). 
Weymouth,  town  of  (see  Cities  and  towns). 

Whales,  removal  from  tidewaters  and  shores,  by  department  of  pub- 
lic works     .........     464 

White,  George  Robert  Fund,  employees  of,  made  eligible  for  mem- 
bership in  State-Boston  retirement  system      .  .  .     309  1-4 
White  House  Conference  on  Education,  committee  appointed  to 

attend,  payment  of  travel  expenses  of,  providing  for         .     784  9 

Widows,  continuance  of  insurance  agency  businesses,  by  .  .     155 

Wilbraham,  town  of  (see  Cities  and  towns). 

Wilkins,  Harold  A.,  payment  by  town  of  Belmont  of  sum  of  money  to    268  1,2 

Williamstown,  town  of  (see  Cities  and  towns). 
Wilmington,  town  of  (see  Cities  and  towns). 
Wines,  (see  Alcoholic  beverages). 
Woburn,  city  of  (see  Cities  and  towns). 
Women,  certain  labor  laws  relative  to,  suspension  of  operation  of, 

providing  for        ........      106 

mechanical  establishments,  allowance  of  hours  for  meals,  in,  for     111 
Woods,  Edward  Melvin,  Bridge,  certain  bridge  over  Maiden  river 

designated  as       .......  .     425 

Worcester,  city  of  (see  Cities  and  towns). 
WORCESTER  COUNTY: 

appropriations  for  maintenance,  etc.,  of  .  .  .  .  .     765  1 

courts  and  county  departments,  of,  additional  accommodations 

and  facilities  for,  use  of  certain  monies  for,  by,  authorized     667 
superior  court,  of,  fifth  assistant  clerk,  for,  providing  for    .  .     354  1,  2 

training  school,  aboUshment  of,  by,  providing  for      .  .  .     427 

Words  and  phrases : 

candidates  for  re-election,  election  laws,  under  .  .  .     256 

cannabis,  drug  laws,  under     .......     100  1,  2 


1280  Index. 

Chap.  Section. 

Words  and  phrases  —  Concluded. 

farmer,  motor  vehicle  laws,  under  ......     483  2 

industrial  establishments,  labor  laws,  under      ....     373  1,  2 

mentally  ill,  laws  relative  to  department  of  mental  health,  under     637  1 

private  carrier,  laws  relative  to  carriers  of  property  by  motor  ve- 
hicle for  compensation,  under         .....     569 

registered  mail,  definition  of,  inclusion  of  certified  maU,  in       .     683 
trial  justices,  clarification  of  certain  laws  relative  to  hearings  by     131  1-12 

Work  (see  Labor). 
WORKMEN'S  COMPENSATION: 

domestic  servants,  coverage  of,  under,  relative  to      .  .  .     755 

law  relative  to,  corrective  changes  in        ....  .     174  1-5 

proposed  laws  relating  to,  study  by  industrial  accident  board, 

providing  for       ......        Resolve       48 

public  employees,   injured  while  working  for  another  govern- 
mental unit,  extension  to,  of  .  .  .  .  .     681 

silicosis  or  other  occupational  pulmonary  dust  disease,  limitation 

of  benefits  for,  under,  repeal  of      .  .  .  .  .     234  1,  2 

statute  of  limitations,  under,  investigation  by  judicial  council 

relative  to  ......       Resolve      20 

telephone  companies,  employees  of,  placing  under     .  .  .     366 

_  weekly  benefits,  maximum,  imder,  increase  of  .  .  .  .     777  1-3 

Writs  (see  Actions,  civil). 


Y. 

Yarmouth,  town  of  (see  Cities  and  towns). 

Youth  service,  board,  advisory  committee  on  service  to  youth,  re- 
organization of,  providing  for         .....     766  3,  6 
children,  wayward  and  deUnquent,  detention  of,  powers  and 

duties  as  to 
functions  and  duties  of,  relative  to        ....  . 

division  of,  Boston,  city  of,  place  of  custody  in,  maintenance 

_    of,  by 

children,  wayward  and  delinquent  detention  of,  powers  and 
duties  as  to  .  .  .  .  .  .  .  _        . 

director,  juvenile  dehnquents,  prevention  of,  school  training 

program  for,  powers  and  duties  as  to      . 
Hampden  county,  place  of  custody  in,  establishment  of,  by    . 


z. 

Zoning  Enabling  Act,  boards  of  appeal,  under,  powers  and  duties 

of .349 

Zoning,  local  boards  of,  appeal  boards,  under,  powers  and  duties  of, 

relative  to  ........     325  1,  2 


609 
766 

1-3 
1-6 

518 

1-3 

609 

1-3 

696 
573 

1,2