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



ROOM 427 






ACTS 



RESOLVES 



PASSED BY THE 



#«neral ^0urt of plaijjjatltttsctts 

IN THE YEAR 

1956 

TOGETHER WITH 

TABLES SHOWING CHANGES IN THE STATUTES, ETC. 



PUBLISHED BY 



EDWARD J. CRONIN 
Secretary of the Commonwealth 




BOSTON 
WRIGHT & POTTER PRINTING COMPANY 
1956 



ACTS AND RESOLVES 



OF 



MASSACHUSETTS 

1956 



The General Court, which was chosen November 2, 1954, 
assembled on Wednesday, the fourth day of January, 1956, for its 
second annual session. 

His Excellency Christian A. Herter and His Honor Sumner G. 
Whittier continued to serve as Governor and Lieutenant Gov- 
ernor, respectively, for the political year of 1956. 



ACTS. 



An Act relative to appropriations by the town of QIiqj) 1 
scituate for municipal advertising purposes. 

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

Section 1. Notwithstanding the limitations as to amount 
which may be appropriated under section six A of chapter 
forty of the General Laws, the town of Scituate 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 thou- 
sand five hundred dollars, which additional sum, except as 
expressly provided herein, shall be subject to the provisions 
and conditions of said section six A. 

Section 2. Any action taken by a town meeting in the 
town of Scituate pursuant to authority granted by 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 3. This act shall take effect upon its passage. 

Approved January 18, 1956. 



Chap. 



An Act extending the time for acceptance of an act 
establishing the lanesborough garden circle sewer 
district. 

Be it enacted, etc., as folloics: 

Section 16 of chapter 133 of the acts of 1951 is hereby 
amended by striking out, in line 7, the word "five" and in- 
serting in place thereof the word : — ten, — so as to read as 
follows: — Section 16. This act shall take full effect upon 
its acceptance by a majority of the registered voters of the 
territory included within said district described in section 
one of this act, present and voting thereon by use of a check 
list at a district meeting called in accordance with section 
three, and upon its acceptance by the city council of the 
city of Pittsfield, within ten years of its passage. 

Approved January 18, 1956. 

An Act authorizing the city of Gloucester annually Chap. 

TO APPROPRIATE MONEY FOR THE PURPOSE OF ADVERTIS- 
ING AND PROMOTING THE ADVANTAGES OF THE CITY FOR 
RECREATIONAL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Gloucester may annually appro- 
priate a sum not exceeding ten thousand dollars for the pur- 
pose of advertising and promoting the advantages of the 



Acts, 1956. — Chap. 4. 

city, with special reference to its facilities for summer va- 
cation, recreation and beach resort purposes. The money 
so appropriated by the city shall be expended by the city 
manager with the approval of the city council. Employ- 
ment of persons in the carrying out of the aforesaid purposes 
shall be exempt from the provisions of chapter thirty-one 
of the General Laws. 

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

Approved January 19, 1956. 



Chap. 4 An Act authorizing the town of wellesley to use 

CERTAIN PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Wellesley is hereby authorized 
to use for school purposes the following described portion of 
the land taken for purposes of a public park by the order of 
taking of its park commissioners dated March seventeenth, 
nineteen hundred and three, and recorded with Norfolk 
Deeds, Book 946, Page 231, if it shall within five years 
after the passage of this act vote to transfer the same to the 
care, custody, management and control of the school com- 
mittee. The land which said town is hereby authorized to 
use for school purposes is located on the easterly side of 
Cameron street, contains seventeen thousand nine hundred 
and twenty-five square feet, more or less, and is shown on a 
plan entitled "Additional Property Added to Hunnewell 
School by Town Meeting March 28, 1955 Town of Wellesley 
PubHc Works Dept." dated October nineteenth, nineteen 
hundred and fifty-five, by Phihp A. Plaisted, town engineer, 
on file with the town clerk. Said land is bounded : — North- 
westerly by that portion of the land registered to the town 
by certificate of title No. seven thousand, seven hundred and 
ten, book thirty-nine, page one hundred and ten, in the 
Registry District for Norfolk County which has been set 
aside as a site or yard for the town's Hunnewell school, two 
hundred sixty-five and sixteen hundredths feet; North- 
westerly again but more northerly by said Hunnewell school 
site one hundred sixty-eight and ninety hundredths feet; 
Easterly by other park land of the town seventy-three and 
forty-six hundredths feet; and Southeasterly by other park 
land of the town on three courses measuring one hundred 
sixty-five and forty-one hundredths feet, one hundred forty- 
one and ninety-eight hundredths feet and sixty-one and 
eighty-seven hundredths feet, respectively. After such a 
vote said parcel of land shall be under the same care and 
control as other school property. 

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

Approved January 19, 1956. 



Acts, 1956. — Chaps. 5, 6. 



An Act providing for an increase in the number of (Jfiap, 

MEMBERS IN THE RESERVE POLICE FORCE IN THE TOWN OF 
WINTHROP. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
one of chapter twenty-six of the acts of nineteen hundred 
and twenty-eight, additional appointments may be made 
to the reserve police force in the town of Winthrop until 
the membership thereof reaches ten. 

Section 2. This act shall be submitted to the voters of 
said town for acceptance at its next annual town meeting in 
the form of the following question which shall be placed upon 
the official ballot to be used for the election of town officers 
at said meeting: — "Shall an act passed by the general 
court in the year nineteen hundred and fifty-six, entitled 
'An Act providing for an increase in the number of mem- 
bers in the reserve police force in the town of Winthrop', 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 otherwise. Approved January 19, 1956. 



An Act providing for life tenure for joseph r. herbst, 
incumbent of the office of chief of police of the 
town of oxford. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of Joseph R. Herbst, 
incumbent of the office of chief of pofice in the town of Ox- 
ford, 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-six, entitled 
'An Act providing for life tenure for Joseph R. Herbst, in- 
cumbent of the office of chief of police of the town of Ox- 
ford', be accepted?" If a majority of the votes in answer to 
said question is in the affirmative, then this act shall there- 
upon take full effect, but not otherwise. 

Approved January 19, 1956. 



Chap. 



Acts, 1956. — Chaps. 7, 8. 



G. L. (Ter. 

Ed.), 207, 

§ 22, amended. 



Certificate 
in lieu of 
certified copy 
of divorce, 
etc. 



Chap. 7 An Act establishing a fee for the issuance by the 

PROBATE COURT OF A CERTIFICATE IN LIEU OF A CERTIFI- 
CATE OR CERTIFIED COPY OF A DIVORCE BY THE TRIBUNAL 
GRANTING THE DIVORCE. 

Be it enacted^ etc., as follows: 

Section 1. Chapter 207 of the General Laws is hereby 
amended by striking out section 22, as appearing in the Ter- 
centenary Edition, and inserting in place thereof the follow- 
ing section : — Section 22. If a person cannot obtain the 
certificate or certified copy described in section twenty-one, 
he shall apply to the judge of probate in the county where 
the notice of intention is to be filed and state under oath the 
facts required to be stated in the said certificate or certi- 
fied copy, and the reasons why such certificate or certified 
copy cannot be obtained. The judge of probate, if satisfied 
of the truth of the statements so made to him, shall upon 
payment of the required fee grant to the party a certificate 
stating the facts required, and such certificate shall be filed 
with the notice of intention. 

Section 2. Section 40 of chapter 262 of the General 
Laws, as most recently amended by section 1 of chapter 418 
of the acts of 1955, is hereby further amended by inserting 
after the fourth paragraph the following paragraph: — 

For a certificate by the judge of a probate court to accom- 
pany notice of intention to marry of a divorced person, as 
provided by section twenty-two of chapter two hundred and 
seven, three dollars. Approved January 19, 1956. 



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



Fee. 



Chap. 



8 An Act relative to the tenure of office of the pres- 
ent SUPERINTENDENT OF STREETS OF THE TOWN OF EAST 
BROOKFIELD. 

Beit enacted, etc., as follows: 

Section 1. The incumbent of the office of the super- 
intendent of streets in the town of East Brookfield on the 
effective date of this act shall hold office during good be- 
havior unless incapacitated by physical or mental disabifity 
from performing the duties of the superintendent of streets 
and until the selectmen 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. Whenever the 
tenure created by this act shall terminate, the selectmen of 
said town shall appoint a successor to the said incumbent, 
who shall hold office under the provisions of chapter forty- 
one of the General Laws. 

Section 2. This act shall be submitted for acceptance to 
the voters of said town at the annual town meeting in the 
year nineteen hundred and fifty-six in the form of the fol- 
lowing question: — "Shall an act passed by the General 
Court in the year nineteen hundred and fifty-six, entitled 



Acts, 1956. — Chaps. 9, 10. 

'An Act relative to the tenure of office of the present super- 
intendent of streets of the town of East Brookfield ', 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 January 19, 1956. 



Chap. 



An Act relative to the certificate of divorce accom- 
panying THE notice of INTENTION TO MARRY OF A DI- 
VORCED PERSON. 

Be it enacted, etc., as follows: 

Section 21 of chapter 207 of the General Laws is hereby g. l. (Ter. 
amended by striking out, in lines 6 and 7, as appearing in the amended.' ^ ^^' 
Tercentenary Edition, the words ", the cause therefor", — 
so that the first paragraph will read as follows : — Persons certificate. 
filing such notice of intention, one or both of whom have ?^°" °L'i'''°?® 
previously been married and divorced, shall file therewith a "ptice of 
certificate or certified copy from the clerk or corresponding person*^ 
official of the court or other tribunal by which the divorce 
was granted, showing the title and location of the tribunal 
and the names of the parties to the proceeding for divorce, 
and showing which party obtained the divorce and the date 
when the decree became absolute. If there has been more 
than one divorce, the said certificate or certified copy as to 
every such divorce shall accompany the notice of intention. 

Approved January 23, 1956. 



An Act relative to the expenses of examination of Chap. 10 

CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

The second paragraph of section 41 of chapter 170 of the g. l. (Xer. 
General Laws, as appearing in section 1 of chapter 371 of the f'li'etc' 
acts of 1950, is hereby amended by striking out, in line 9, amended.' 
the word "twenty-five" and inserting in place thereof the 
word : — thirty, — so as to read as follows : — 

To assist in defraying the actual cost of such examination, Corporation to 
audit and any verification included therein and that portion ot'exaSna-^^ 
of the overhead expenses of the division of banks and loan *'°"' '^*^°- 
agencies, including travelling and hotel expense, which shall 
be determined by the commissioner to be attributable to 
the supervision of such corporation, the corporation shall, 
within thirty days after receipt of notice from the commis- 
sioner of a charge therefor, pay to him such charge which 
shall not exceed thirty cents per one thousand dollars of 
assets as shown by the statement of condition of the cor- 
poration as of the date of such examination. 

Approved January 23, 1956. 



8 



Acts, 1956. — Chaps. 11, 12, 13. 



G. L. (Ter. 
Ed.). 136, 
§ 2, etc., 
amemlcd. 



Outdoor lawn 
bowling on 
the Lord's 
day, per- 
mitted. 



Chap. 11 An Act permitting outdoor lawn bowling on the 

lord's day. 

Be it enacted, etc., as follows: 

Section 2 of chapter 136 of the General Laws, as most re- 
cently amended by section 1 of chapter 255 of the acts of 
1955, is hereby further amended by inserting after the word 
"called", in line 8, the words: — , or except a game of out- 
door lawn bowling after one o'clock postmeridian, — so as 
to read as follows: — Section 2. Whoever on the Lord's 
day is present at a game, sport, play or public diversion, ex- 
cept a concert of sacred music, a public entertainment duly 
licensed as provided 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 goLf course other than 
a miniature golf course, so called, or except a game of out- 
door lawn bowling after one o'clock postmeridian, or except 
a game of tennis or dancing at a wedding or celebration of a 
religious custom or ritual if no charge is made for being pres- 
ent 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 afore- 
said, shall be punished by a fine of not more than fifty dol- 
lars. This and the following section shall not apply to amuse- 
ment 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. Approved January 23, 1956. 



Chap. 12 An Act establishing exclusive authority in the bos- 
ton TRAFFIC commission TO DESIGNATE STREETS FOR 

coasting in the city of boston. 

Be it enacted, etc., as follows: 

The Boston traffic commission shall have exclusive au- 
thority to designate the streets, ways, highways, roads and 
parkways under the control of the city of Boston which may 
be used for coasting on sleds and other like vehicles. 

Approved January 24, 1966. 



Chap. 13 An Act authorizing the placing of the position of 

CLERK OF THE POLICE DEPARTMENT OF THE TOWN OF 
FALMOUTH UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The position of clerk of the police depart- 
ment of the town of Falmouth shall, upon the effective 
date of this act, become subject to the civil service laws and 



Acts, 1956. — Chaps. 14, 15. 

rules, and the tenure of office of the incumbent thereof shall 
be unlimited, subject, however, to said laws. The incum- 
bent of said position on said effective date shall be subjected 
to a qualifying examination for said office by the division 
of civil service. If said incumbent passes said examination 
he shall be certified for said position and shall be deemed to 
be permanently appointed thereto without serving any pro- 
bationary period, and his tenure of office shall be unhmited, 
subject, however, to the provisions of said laws. 

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

Approved January 25, 1966. 



An Act providing for tenure of office for the incum- (^hn^ 14 

BENT OF THE OFFICE OF CHIEF OF POLICE OF THE TOWN 
OF MERRIMAC. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to the 
contrary, the tenure of office of Alexander M. Sullivan, the 
present incumbent of the office of chief of police of the town 
of Merrimac, shall be unlimited. Said incumbent shall not 
be removed from office, lowered in rank or suspended, ex- 
cept for just cause and for reasons specifically given him in 
writing by the board of selectmen. 

Section 2, Anything contained herein and in the Gen- 
eral Laws, to the contrary notwithstanding, the said present 
incumbent of the office of chief of police of the town of Merri- 
mac shall continue in office until the annual town meeting 
to be held in the year nineteen hundred and fifty-sLx, unless 
removed sooner as provided for by section one of this act. 

Section 3. This act shall be submitted to the voters of 
said town at the annual town 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 hun- 
dred and fifty-six, entitled 'An act providing for tenure of 
office for the incumbent of the office of chief of police of the 
town of Merrimac', be accepted?" If a majority of the 
votes cast in answer to said question is in the affirmative, 
this act shall take full effect, but not otherwise. 

Approved January 25, 1956, 

An Act providing for co-operation with the federal fhrtr) 1 f^ 
government in its flood control project in the 

middle and BLACKSTONE rivers, known as the WORCES- 
TER diversion. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is to provide for flood control p''^*™^'^- 
works for the protection of the lives and safety of the citi- 
zens of the commonwealth and of public and private prop- 



10 Acts, 1956. — Chap. 15. 

erty, 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. The federal flood control project for the pro- 
tection of property against flood in the Middle and Black- 
stone rivers, known as the Worcester Diversion, as author- 
ized by the congress by the Flood Control Act, approved 
22 December 1944 (PubUc Law 534, 78th Congress) as 
amended by Flood Control Act of 1946 approved July 24, 
1946, (60 Stat. 641) and substantially in accordance with 
recommendations in House Document No. 624, 78th Con- 
gress, 2d Session is hereby accepted and assurances are hereby 
given to the United States of America that the conditions 
imposed on the city of Worcester and the commonwealth by 
law will be met. 

Section 2. The state department of public works, here- 
inafter called the department, is hereby authorized and 
directed to execute and convey to the United States of 
America, the assurances of the commonwealth, in form satis- 
factory to the Secretary of the Army, hereinafter called the 
Secretary, that the department will perform all acts required 
to be performed by local interests in connection with the con- 
struction of the works by the United States, and that the 
city of Worcester will maintain and operate, in accordance 
with the regulations prescribed by said Secretary, such flood 
control works when completed as are within the towns of 
Auburn and Millbury and within the city of Worcester. 

Section 3. For the purposes of this project, said de- 
partment is hereby authorized to take under the provisions 
of chapter seventy-nine of the General Laws such lands or 
rights therein within or without the municipal limits of said 
city as may from time to time be required by the Secretary 
(1) to relocate and reconstruct highways, roads and streets, 
including bridges and approaches and other structures, and 
including water pipes, petroleum pipes, gas pipes, sewers 
and power lines, railroad tracks and bridges and other struc- 
tures, tailraces, raceway conduits and extensions and con- 
nection incidental thereto, and for the construction or re- 
construction of dams and pumping stations, both pubHcly 
and privately owned; (2) to do all other work required by 
the Secretary under said statutes ; and (3) to enter on private 
lands for said purposes. 

Section 4. For the purpose of carrying out the work 
herein authorized, said department may enter into contracts 
therefor, and the department may make agreements with 
said Secretary or his agents, or with the city of Worcester, 
or with railroads and public service corporations or owners 
of dams to carry out and perform any of the work herein 
authorized. 

Section 5. After completion thereof the city of Worcester 
shall maintain and is hereby authorized to maintain and 



Acts, 1956. — Chap. J 6. 11 

operate all the flood control works within or without the 
municipal limits of said city. 

Section 6. Said city of Worcester shall, subject to the 
approval of the division of waterways in the state depart- 
ment of public works, prescribe regulations designed to pre- 
vent encroachments on the improved channels, and shall 
enforce the same, and will take such means as may be neces- 
sary to prevent any encroachments upon the flood channel 
and conduit capacities to be provided by the proposed im- 
provements. 

Section 7. The commissioner of public works may em- 
ploy temporarily such engineering, clerical and other assist- 
ance as he deems necessary for the purpose of carrying out 
the work authorized by this act. Such persons shall not be 
subject to the provisions of chapter thirty-one of the Gen- 
eral Laws or of section nine A of chapter thirty. 

Section 8. The commonwealth shall assess upon the 
city of Worcester the total costs incurred under sections 
three and seven of this act, and all monies received from such 
assessments shall be used for the payment of the principal 
and interest on the bonds authorized by section nine of this 
act. 

Section 9. To meet the expenditures necessary in carry- 
ing out the provisions of sections three and seven 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 five hundred and fifty thousand 
dollars. All bonds issued by the commonwealth, as afore- 
said, shall be designated on their face, Worcester Diversion 
Loan Act of 1956, 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 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 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 later than June 
thirtieth, nineteen hundred and seventy-six. 

Approved January S6, 1966. 



An Act relative to the appointment and tenure of nhnr) ifi 

CERTAIN OFFICERS IN THE DEPARTMENT OF CORRECTION. ^' 

Be it enacted, etc., as follows: 

Section L The third sentence of section 2 of chapter 27 g. l. (Ter. 
of the General Laws, as appearing in section 1 of chapter 770 f 2'^et^Z,' 

amended. 



12 Acts, 1956. — Chap. 16. 

of the acts of 1955, is hereby amended by inserting after the 

word "ojf", in hne 2, the words: — sections nine A and 

nine B of. 

G. L. (Ter. SECTION 2. The first sentence of section 2 of chapter 125 

§ 2^eto^^' of the General Laws, as appearing in section 11 of said chap- 

amendeti. ter 770, is hereby amended by striking out, in line 4, the 

words "chapter thirty" and inserting in place thereof the 

words : — sections nine A and nine B of chapter thirty, or 

chapter thirty-one. Approved January 26, 1956. 

The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, January 26, 1956. 

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

Dear Mr. Secretary: — I, Christian A. Herter, pursu- 
ant to the provisions of Article XLVIII of the amendments 
to the Constitution, the Referendum, II, Emergency Meas- 
ures, hereby declare that in my opinion the immediate 
preservation of the public convenience requires the law be- 
ing Chapter 16 of the Acts of the current year, entitled, 
"An Act relative to the Appointment and Tenure of Certain 
Officers in the Department of Correction", and the enact- 
ment of which received my approval January 26, 1956, 
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 seriously affect the appointment of certain officers in 
the Department of Correction made necessary by the re- 
organization of the Department of Correction as appearing 
in Chapter 770 of the Acts of 1955. 

Very truly yours. 

Christian A. Herter, 

Governor of the Com,monwealth. 
Office of the Secretary, Boston, January 26, 1956. 

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 two o'clock and forty 
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 sixteen of 
the acts of nineteen hundred and fifty-six. 

Leo M. Harlow, 

Deputy Secretary of the Commonwealth. 



Acts, 1956. — Chaps. 17, 18. 13 

An Act authorizing the town of framingham to sell phnr) 1 7 

CERTAIN LAND BELONGING TO SAID TOWN AND HELD FOR ^' 

PARK PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Framingham is hereby author- 
ized to sell, convey or otherwise dispose of a certain parcel of 
land commonly known as the Beaver Street Playground 
bounded and described as follows : — 

Beginning at a point on the southerly location line of 
Waverly street at land now or formerly of Fitzgerald; 
thence running N 85° 30' E, 127.16 feet along the southerly 
hne of Waverly street to a stone bound at land now or for- 
merly of Levandofsky; thence S 6° 52' E, 181.8 feet by land 
of Levandofsky to a stone bound; thence N 43° 30' E, 83.1 
feet by land of Levandofsky to a stone bound at land now or 
formerly of Freiberg; thence N 85° 30' E, 103 feet to a 
stone bound at land now or formerly of the Dennison Manu- 
facturing Company; thence S 10° E, 303.6 feet to a stone 
bound; thence S 82° 30' W, 245.5 feet to a point at land now 
or formerly of Murphy, said last two courses being by land 
now or formerly of the Dennison Manufacturing Company; 
thence N 8° 30' W, 200.6 feet by lands now or formerly of 
Murphy and King to a stone bound; thence S 4° 02' W, 
131.5 feet by lands of King and Carradonna to a stone bound 
at land of SuUivan; thence N 33° 03' W, 31.5 feet to a stone 
bound; thence N 29° 56' W, 33.75 feet to a stone bound at 
land of Ferrarese, said last two courses being by land of 
Sullivan; thence N 11° 37' W, 41 feet to a stone bound at an 
angle point; thence S 89° 15' W, 76.5 feet to a stone bound 
located on the easterly location line of Beaver street, said 
last two courses being by land of Ferrarese; thence northerly 
along the easterly location line of Beaver street, 12 feet to a 
stone bound at land now or formerly of Lombardini; thence 
N 89° 15' E, 93 feet more or less by land of Lombardini to a 
stone bound; thence in a northerly direction 128 feet by 
lands of Lombardini and lands now or formerly of Sullivan 
to a stone bound at land now or formerly of Fitzgerald; 
thence N 89° 45' E, 29.07 feet to a stone bound; thence 
N 0° 30' E, 96.6 feet to the point of beginning, said last two 
courses being by land of Fitzgerald. 

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

Approved January 26, 1966. 

An Act validating and confirming the location and fz,^^ io 

laying out of PUBLIC WAYS IN the town OF ANDOVER. ^'^^P- ^^ 

Be it enacted, etc., as follows: 

Section 1. The location and laying out of all highways 
and other ways laid out during the years nineteen hundred 
and thirty to nineteen hundred and fifty-four, inclusive, by 
the selectmen of the town of Andover, in so far as such loca- 



14 Acts, 1956. — Chaps. 19, 20. 

tion and laying out may be invalid by reason of failure to 
comply with the provisions of chapters seventy-nine, eighty 
and eighty-two of the General Laws, are hereby validated 
and confirmed. 
Section 2. This act shall take effect upon its passage. 

Approved January 26, 1966. 

Chav. 19 An Act to authorize the city of quincy to use the 

BALANCE OF CERTAIN BOND PROCEEDS FOR CERTAIN CAP- 
ITAL IMPROVEMENTS. 

Be it enacted, etc., as follows: 

Section 1. The city of Quincy is hereby authorized to 
expend the sum of eighty-seven thousand four hundred and 
forty-six dollars and seventy-two cents for any use or pur- 
pose for which a city may borrow money for a period of 
twenty years. Said sum may be appropriated from the bal- 
ance remaining from the proceeds of a bond issue in the sum 
of one hundred and thirty thousand dollars issued on Sep- 
tember first, nineteen hundred and fifty-three, under the au- 
thority of Council Order number 232 of nineteen hundred 
and fifty-two of the city council of Quincy. 

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

Approved January 26, 1956. 

Chap. 20 An Act relative to certain contracts entered into 

ON behalf of the city of MELROSE. 

Beit enacted, etc., as follows: 

Section 1. Chapter 162 of the acts of 1899 is hereby 
amended by striking out sections 46 and 47 and inserting 
in place thereof the following two sections : — Section 46. 
Whenever mechanical or other work is required to be done, 
or supplies are required for the city, at a cost amounting to 
one thousand dollars or more, the board or committee hav- 
ing the matter in charge shall invite proposals therefor by 
advertisements, such advertisements to state the time and 
place for opening the proposals, and reserving the right to 
reject any or all proposals. Every proposal for doing such 
work or making such sale shall be accompanied by a suitable 
bond or certificate of deposit for the faithful performance of 
such proposal, and all such proposals shall be kept by the 
oflicer or board inviting the same, and shall be open to pub- 
lic inspection after said proposals have been accepted or re- 
jected. 

Section 47. All contracts made by any department of the 
city, when the amount involved is two hundred dollars or 
more, shall be in writing, and no such contract shall be 
deemed to have been made or executed until the approval 
of the mayor is affixed thereto. All contracts made as afore- 
said shall, when the amount involved is one thousand dollars 
or more, be accompanied by a bond with securities satis- 



Acts, 1956. — Chaps. 21, 22. 15 

factory to the board or committee having the matter in 
charge, or a deposit of money or other security for the faith- 
ful performance of such contracts; and such bonds or other 
security shall be deposited with the city treasurer until the 
contract has been carried out in all respects; and no such 
contract shall be altered except by a written agreement of 
the contractor, the sureties on his bond, and the officer or 
board making the contract, with the approval of the mayor 
affixed thereto. If the amount involved is between two 
hundred and one thousand dollars such bond or deposit 
may be required. 

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

Approved January 26, 1956. 

An Act authorizing advances to municipal officers and QJiap. 21 

EMPLOYEES ON ACCOUNT OF CERTAIN NECESSARY EXPENSES. 

Be it enacted, etc., as follows: 

Chapter 44 of the General Laws is hereby amended by add- g. l. (Xer. 
ing after section 65, inserted by section 3 of chapter 635 of new'i^ee, 
the acts of 1945, the following section: — Section 66. In added. 
any city having a plan E or plan D charter with the ap- fj^ng^ay 
proval of the city manager, in any other city with the ap- advice fuads 
proval of the mayor, and in towns with the approval of the empXoylla^' 
selectmen, advances may be made to any oflficer or employee ci^cuLstances. 
thereof in anticipation of necessary expenses authorized to 
be incurred under the provisions of clause (34) of section 
five of chapter forty subject, however, to such regulations as 
the treasurer thereof shall from time to time prescribe. 

Approved January 26, 1956. 

An Act relative to sewer betterment assessments in Chap. 22 

THE town OF NORTH ANDOVER. 

Be it enacted, etc., as follows: 

Section 1, Chapter 380 of the acts of 1906 is hereby 
amended by striking out section 6, as most recently amended 
by chapter 117 of the acts of 1946, and inserting in place 
thereof the following section : — Section 6. The owners of 
estates benefited by and abutting on any streets or ways, 
pubfic or private, in which sewers shall be laid under the pro- 
visions of this act, shall pay to said town toward defraying 
the cost of said sewer system or systems of sewerage and 
sewage disposal an assessment or betterment charge not ex- 
ceeding in amount the sum of six cents per square foot of 
area within the depth of one hundred feet from the line of 
such street or way. In the case of corner estates abutting on 
more than one sewered street the same area shall not be 
assessed twice. No estate shall be deemed benefited unless 
or until a sewer has been constructed into which it can be 



16 Acts, 1956. — Chap. 23. 

drained. The remainder of the cost of said system or systems 
shall be borne by the town. No particular sewer or other 
sewers from any estate or part of an estate not already as- 
sessed or not liable to assessment, as provided above, shall 
be entered into a common sewer, except upon the payment 
of such an assessment and upon such other terms and con- 
ditions as the board of public works shall determine. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority of the registered voters of said town 
present and voting thereon at an annual town meeting, but 
not otherwise. Approved January 26, 1966. 



Chap. 23 An Act authorizing the town of Arlington to convey 

A certain parcel op land to the ROMAN CATHOLIC 
ARCHBISHOP OF BOSTON FOR THE USE OF ST. AGNES CATH- 
OLIC CHURCH AND SCHOOL OF ARLINGTON. 

Be it enacted, etc., as follows: 

The town of Arlington is hereby authorized to convey to 
the Roman Catholic Archbishop of Boston for the use of 
St. Agnes Cathohc Church and School of Arlington, a parcel 
of land on Mystic street and Summer street in said town, 
bounded and described as follows: — Beginning at a point 
on the southerly side line of Summer street 41.16 feet north- 
easterly of a stone bound located 243.21 feet southwesterly 
from the easterly side line of Mystic street; thence north- 
easterly on said southerly side line of Summer street a dis- 
tance of 102.05 feet to a point; thence southeasterly by land 
now or formerly of Anna M. Walsh a distance of 100.0 feet 
to a point; thence northeasterly by said land now or for- 
merly of Anna M. Walsh a distance of 100.0 feet to a point 
on the westerly side line of Mystic street; thence south- 
easterly on said westerly side line of Mystic street a dis- 
tance of 118.84 feet to a point; thence southwesterly by 
land now or formerly of William F. McManus a distance of 
200.0 feet to an angle point; thence southeasterly by said 
land now or formerly of WiUiam F. McManus a distance of 
70.0 feet to an angle point; thence northeasterly by said 
land now or formerly of William F. McManus a distance of 
41.56 feet to a stone bound at an angle point; thence south- 
easterly by land now or formerly of the Edison Electric 
Illuminating Company of Boston a distance of 73.97 feet 
to a stone bound at an angle point; thence westerly by land 
now or formerly of Lucy M. Prescott a distance of 45.57 
feet to an angle point; thence southerly by said land now or 
formerly of Lucy M. Prescott a distance of 3.0 feet to an 
angle point; thence westerly by land now or formerly of 
Josephine Whitaker a distance of 75.0 feet to a point; thence 
westerly by land now or formerly of Montumus K. and 
Lena C. Nash a distance of 100.0 feet to an angle point; 
thence southerly by said land of Montumus K. and Lena C. 
Nash a distance of 17.0 feet to an angle point; thence westerly 



Acts, 1956. — Chap. 24. 17 

by land now or formerly of Blaisdell, Gratto and Parmenter 
a distance of 230.5 feet more or less to a granite post; 
thence northwesterly across a passage way 37 feet more or 
less to an angle point; thence northwesterly by land now or 
formerly of Maude L. Wood a distance of 159.55 feet to the 
northerly comer of said property; thence northwesterly, 
northerly and northeasterly through land of town of Arling- 
ton on a curve to the right with a radius of 560 feet a distance 
of 298 feet more or less to a point on the southerly side line 
of Summer street; thence southeasterly on said southerly side 
line of Summer street on a curve to the left with a radius of 
501.9 feet a distance of 115.63 feet to a stone bound at a 
point of tangency in said southerly side line of Summer 
street; thence southeasterly on said southerly side line of 
Summer street a distance of 146.75 feet to a point; thence 
southeasterly by land now or formerly of Charles McKenna 
a distance of 41.36 feet to an angle point; thence easterly by 
said land of McKenna a distance of 137.12 feet to an angle 
point; thence northerly by said land of McKenna a distance 
of 38.91 feet to a point on the southerly side line of Summer 
street; thence northeasterly on said southerly side line of 
Summer street on a curve to the left with a radius of 272.04 
feet a distance of 9.65 feet to a point of tangency; thence 
northeasterly on said southerly side line of Summer street a 
distance of 41.16 feet to the point of beginning and contain- 
ing 154,650 square feet more or less as shown on two plans 
on file in the office of the Town Engineer, Arlington, Mass., 
one entitled "Plan of Land in Arlington, Mass. Taken for 
Park Purposes, Scale 1" = 40', Apr. 1933, James M. Keane, 
Town Engineer" and the other entitled "Copy of Plan of 
Fowles Pond, Arlington, Mass., Scale 1" = 40', Jan. 1930, 
James M. Keane, Town Engineer". 

Approved January 26, 1966. 



An Act to authorize the town of rockland to appro- QjiQ/n 24 

PRIATE A SUM OF MONEY FOR THE ACQUISITION OF LAND 
AND BUILDINGS THEREON AND TO DEFRAY THE COST 
THEREOF BY BORROWING, AND TO VALIDATE CERTAIN 
PROCEEDINGS OF THE TOWN IN RELATION TO THE SAME. 

Be it enacted, etc., as follows: 

Section 1. The town of Rockland is hereby authorized 
to raise and appropriate a sum of money not exceeding 
seventy-five thousand dollars for the acquisition, by pur- 
chase or eminent domain, for school purposes, of land and 
buildings thereon located on the westerly side of Union 
street, known as the Spence Estate, containing seven and 
three-tenths acres more or less, as shown as " W16 Part of 9" 
on the Assessors' Plans of the town of Rockland. 

Section 2, For the purpose of providing funds to meet 
the appropriation authorized by section one of this act, the 
town of Rockland may, by the issuance of bonds or notes, 



18 Acts, 1956. — Chaps. 25, 26. 

borrow such sums as may be necessary not exceeding sev- 
enty-one thousand two hundred and fifty dollars payable in 
not more than twenty years. Said bonds or notes shall bear 
on their face the words Rockland School Project Loan, Act 
of 1956. Each authorized issue shall constitute a separate 
loan. Indebtedness incurred under this act shall be within 
the statutory limit but shall, except as provided herein, be 
subject to chapter forty-four of the General Laws, exclusive 
of the limitation contained in the first paragraph of section 
seven thereof. 

Section 3. Any action taken pursuant to authority con- 
tained in this act by the town of Rockland at the special town 
meeting held in that town in September, nineteen hundred 
and fifty-five, shall be valid and effective for all purposes as 
though this act were in effect at the time of the posting of 
the warrant for said special town meeting. 

Section 4. This act shall take efi'ect upon its passage. 

Approved January SO, 1966. 



Chap. 25 An Act authorizing the city of malden to fund cer- 
tain INDEBTEDNESS. 

Be it enacted, etc., as follows: 

Section L For the purpose of providing funds to meet 
a portion of a final judgment loan issued in the year nineteen 
hundred and fifty-five under clause (11) of section seven of 
chapter forty-four of the General Laws of one hundred and 
seventy thousand dollars, the city of Maiden may borrow 
during the current year such sums, not exceeding in the ag- 
gregate, one hundred and ten thousand dollars, as may be 
necessary and may issue bonds or notes therefor, which shall 
bear on their face the words City of Maiden Funding Loan, 
Act of 1956. Each authorized issue shall constitute a sep- 
arate loan, and such loans shall be payable in not more than 
two years from their dates. Indebtedness incurred under 
this act shall be within the statutory limit established by 
section ten of chapter forty-four of the General Laws and, 
except as provided herein, shall be subject to the provisions^ 
of said chapter forty-four, exclusive of the limitation con- 
tained in the first paragraph of section seven thereof. 
Section 2. This act shall take effect upon its passage. 
/ Approved January SO, 1956. 



Chap. 26 An Act authorizing the pvt. a. poirier post 3260 vet- 
erans OF FOREIGN WARS OF THE UNITED STATES INC. TO 
USE A SPECIAL PLATE ON ITS CAISSON TRAILER. 

Be it enacted, etc., as follows: 

The Pvt. A. Poirier Post 3260 Veterans of Foreign Wars 
of the United States Inc. is hereby authorized to attach to 
a caisson trailer used in funerals for the burial of veterans a 



Acts, 1956. — Chaps. 27, 28, 29. 19 

plate bearing the letters "V F W" with the word "Massa- 
chusetts" thereunder, as approved by the registrar of motor 
vehicles, in place of a trailer plate, upon the payment of the 
fee required for a trailer plate. 

Approved January 30, 1956. 



An Act ingreasing the amount that may be expended QJiap, 27 

BY THE CITY OF BOSTON TO OBTAIN INFORMATION ON MU- 
NICIPAL AFFAIRS. 

Be it enacted, etc., as follows: 

Section 2 of chapter 274 of the acts of 1914, as most re- 
cently amended by section 1 of chapter 135 of the acts of 
1952, is hereby further amended by striking out the first 
sentence and inserting in place thereof the following sentence: 
— The mayor and city council of the city of Boston are 
hereby authorized to appropriate annually, under the pro- 
visions of section three of chapter four hundred and eighty- 
six of the acts of nineteen hundred and nine, an amount not 
exceeding ten thousand dollars to defray the travehng and 
other necessary expenses incurred under the provisions of 
section one of this act. Approved January 30, 1956. 



An Act to repeal photometric requirements for gas. QJiap, 28 

Be it enacted, etc., as follows: 

Section one hundred and five of chapter one hundred and g. l. (Xer. 
sixty-four of the General Laws is hereby repealed. fibV^*' 

Approved January SO, 1956. repealed. 



An Act placing the office of veterans' agent and Qjidp 29 

DIRECTOR OF VETERANS* SERVICES IN THE TOWN OF SOUTH- 
BRIDGE 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 Southbridge shall, upon 
the effective date of this act, become subject to the civil serv- 
ice laws and rules, and the tenure of office of any incumbent 
thereof shall be unlimited, subject, however, to said laws; 
provided, however, that the incumbent of said office on said 
effective date shall be subjected by the division of civil serv- 
ice to a qualifying examination, and if he passes said ex- 
amination he shall be certified for said office and shall be 
deemed to be permanently appointed thereto without being 
required to serve any probationary period. 

Section 2. This act shall take full effect upon its ac- 
ceptance by a majority vote of the town of Southbridge at 
the annual town meeting held in the current year, but not 
otherwise. Approved January SO, 1956. 



20 Acts, 1956. — Chaps. 30, 31. 

Chap. 30 An Act authorizing the transfer of a certain parcel 

OF BROOKLAWN park in the city of new BEDFORD FROM 
THE BOARD OF PARK COMMISSIONERS TO THE BOARD OF 
TRUSTEES OF THE FREE PUBLIC LIBRARY OF SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The board of park commissioners of the city 
of New Bedford is hereby authorized to transfer to the board 
of trustees of the free public hbrary of said city, a certain 
parcel of land in said city acquired for park or other recre- 
ational purposes, and bounded and described as follows: — 

Beginning at a point in the westerly line of Acushnet 
avenue forty-four and 99/100 (44.99) feet north of the angle 
in the westerly line of Acushnet avenue that is located forty 
and 18/100 (40.18) feet north of the point of intersection of 
the easterly line of Irvington court with the westerly line of 
Acushnet avenue; thence northerly in a line parallel to and 
sixty-seven (67) feet distant from the westerly line of Irving- 
ton court a distance of three hundred (300) feet to a point; 
thence easterly making an angle on the south of 96° 52' 30", 
a distance of two hundred twenty-three and 43/100 (223.43) 
feet to the westerly line of Acushnet avenue; thence south- 
erly in the westerly line of Acushnet avenue a distance of 
three hundred ninety-four and 93/100 (394.93) feet to the 
point of beginning, containing 122.22 square rods, being a 
portion of Brooklawn park in said city. 

Section 2. This act shall take effect upon its acceptance 
by the city council of the city of New Bedford, in accordance 
with the terms of its charter, but not otherwise. 

Approved January SO, 1956. 

Chap. 31 An Act authorizing the state secretary to file cer- 
tain petitions for legislation with the clerk of the 
senate. 

Be it enacted, etc., as follows: 

G. l. (Ter. Scction 5 of chapter 3 of the General Laws, as most re- 

§5, etc., cently amended by section 1 of chapter 508 of the acts of 

amended. 1939, is hereby further amended by inserting after the word 

"of", the first time it appears in line 26, the words: — the 
senate or of, — so as to read as follows : — Section 5. Who- 
Notice of ever intends to present to the general court a petition for the 

certain peti- • j.' c • j. j. c ^-u j.* c 

tionsto incorporation oi a city or town, tor the annexation oi one 

general court municipality to another, for the consolidation of two or more 
published. municipalities or for the division of an existing municipality, 
or for the incorporation or revival of a railroad, street rail- 
way, elevated railroad, canal, telephone, telegraph, water, 
gas, electric light, power or other public service corporation, 
for the amendment, alteration or extension of the charter or 
corporate powers or privileges, or for the change of name, of 
any such company, whether specially incorporated or or- 
ganized under general laws, or for authority to take water 



Acts, 1956. — Chaps. 32, 33. 21 

for a water supply, or relative to building structures in or 
over navigable or tide waters, shall give notice of such peti- 
tion by publishing a copy thereof once in each of three suc- 
cessive weeks in such newspapers as the state secretary, hav- 
ing regard to the locality of the interests involved in such 
petition, shall direct, the last publication to be made at least 
twenty-four days before the session at which the petition is 
to be presented. Such petition with a bill embodying in sub- Deposit and 
stance the legislation petitioned for shall be deposited on or orpetftfoT" 
before the third Saturday of December next preceding such 
session in the office of the state secretary, with proof of 
publication satisfactory to him, and he shall file said peti- 
tion and bill forthwith with the clerk of the senate or of the 
house of representatives, with his endorsement that the re- 
quired publication has been made. 

Every petition seeking as aforesaid the incorporation or re- Fee to acoom- 
vival or change of name of a public service corporation and petitions!''"* 
every petition by or on behalf of such a corporation seeking 
as aforesaid legislation otherwise amending, altering or ex- 
tending the charter or corporate powers or privileges of such 
a corporation shall be accompanied by a fee of twenty-five 
dollars which shall be paid to the commonwealth. 

Approved January 30, 1956. 



An Act authorizing the town of needham to use cer- Chav. 32 

TAIN PARK LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows. 

Section 1. The town of Needham is hereby authorized 
to use such portion of the town-owned park land off Harris 
avenue in said town, known as Harris Woods, as the town, 
by vote passed at any annual or special town meeting within 
two years after the passage of this act, shall determine, for 
the erection of a public school buUding or for other school 
uses, and for all purposes incidental thereto; and after such 
vote, such portion shall be under the same care and control 
as other school property. 

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

Approved January SO, 1956. 



An Act relative to the powers and duties of auditing Chav 33 

COMMITTEES OF CREDIT UNIONS. 

Be it enacted, etc., as follows: 

Section 17 of chapter 171 of the General Laws is hereby g- l. (Ter. 
amended by striking out the second sentence, as appearing fmkdll' ^ ^^' 
in the Tercentenary Edition, and inserting in place thereof 
the following sentence: — It shall, under regulations pre- Powers and 
scribed by the commissioner, cause to be verified share and auditin°^ 
other accounts of the credit union at least once in every three committee. 
years. Approved January 31, 1956. 



22 



Acts, 1956. — Chaps. 34, 35. 



G. L. (Tcr. 
Ed.). 170, 
§ 24, etc., 
amended. 



Chap. 34 An Act relative to co-operative bank real estate 

LOANS. 

Be it enacted, etc., as follows: 

Subsection 5 of section 24 of chapter 170 of the General 
Laws, as appearing in section 1 of chapter 371 of the acts 
of 1950, is hereby amended by inserting after the word 
''greater", in Hne 4, the words: — ; provided, that in such 
corporations having assets of ten million dollars or more the 
aggregate liability of any one person outstanding at any one 
time on real estate loans held by such corporation shall not 
exceed twenty-five thousand dollars or two per cent of share 
liability, whichever is greater, — so as to read as follows : — 
5. The aggregate Uability of any one person outstanding at 
any one time on real estate loans held by any such corpora- 
tion shall not exceed twenty-five thousand dollars or one 
per cent of share capital, whichever is greater; provided, 
that in such corporations having assets of ten million dollars 
or more the aggregate liability of any one person outstand- 
ing at any one time on real estate loans held by such cor- 
poration shall not exceed twenty-five thousand dollars or 
two per cent of share liabiHty, whichever is greater; pro- 
vided, that in computing such aggregate liability there shall 
not be included the liability of any person on loans (a) upon 
mortgaged property sold to a person deemed by the cor- 
poration to be a bona fide purchaser and who has agreed, in 
writing, with the corporation to assume payment thereof, 
(&) resulting from sales of property purchased from the 
corporation, nor (c) whereon he appears as endorser, guaran- 
tor, surety or accommodation party. 

Approved January SI, 1956. 



Real estate 
loans by 
co-operative 
banks, 
regulated. 



Chap. 35 An Act placing the office of captain of police in the 

POLICE DEPARTMENT OF THE TOW^N OF DRACUT UNDER 
THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The ofiice of captain of the police depart- 
ment of the town of Dracut 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 probationary period. 

Section 2. This act shall be submitted to the voters of 
said town at a town meeting in the form of the following 
question which shall be placed upon the official ballot to be 
used for the election of town officers at said meeting: — 



Acts, 1956. — Chap. 36. 23 

"Shall an act passed by the general court in the year nine- 
teen hundred and fifty-six, entitled 'An Act placing the 
office of captain of police in the poUce department of the 
town of Dracut under the civil service laws', be accepted?" 
If the 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 January SI, 1956. 



An Act authorizing the town of lynnfield to use cer- QJidjy 35 

TAIN LAND FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Lynnfield, acting by its board 
of selectmen, may transfer to the jurisdiction of the school 
committee of said town for school purposes the following 
described parcels of land : — 

Parcel ij=l . — The land in that part of Lynnfield known as 
Lynnfield Center, bounded and described as follows: — Be- 
ginning at a point on the southeasterly side of Main Street 
at the corner of the granted premises and lands now or for- 
merly of Edward R. and Walter H. Perry fifty feet from the 
corner of the granted premises and land of Wilkins on Main 
Street, thence running southeasterly by said land of Perry 
five hundred feet more or less to a stake, thence turning and 
running westerly again by land of Perry four hundred and 
fifty feet more or less to other land now or formerly of Walter 
H. Perry (formerly of Barnjum) thence turning and running 
southeasterly by said other land of Perry to a brook, thence 
crossing the brook on the same line by said land of Perry to 
a stake at the edge of the swale at land of Taylor eighty feet 
more or less from the thread of said brook, thence turning 
and running northeasterly by said land of Taylor six hun- 
dred and fifty feet more or less to a stake sixty feet more or 
less from the thread of said brook, thence turning and run- 
ning northwesterly across the brook by land of Taylor and 
land of Daniel J. McCarty six hundred feet more or less to a 
stake at the southerly end of the division fine between said 
McCarty and land of Wilkins, thence turning and running 
westerly by said land one hundred and sixty feet more or less 
to a stake at the southwesterly corner of land of Wilkins, 
thence turning and running northwesterly by said land of 
Wilkins three hundred and thirty-five feet more or less to 
said Main Street, thence turning and running westerly on 
said Main Street fifty feet to the point of beginning. 

This conveyance is made subject to right of way of Perry 
as set forth in deed of Lyman B. Taylor and Susan B. Tay- 
lor to the Lynnfield Center Playground Association, Inc., 
dated May 14, 1921 and recorded with Essex Deeds, Book 
2484, page 74 and to a right of way of Susan B. Taylor as 
set forth in deed of Charles 0. Blood to the Lynnfield Center 
Playground Association, Inc., dated Jan. 22, 1925 and re- 



24 Acts, 1956. — Chap. 36. 

corded in Essex South District Deeds, Book 2629, page 348. 
Being the same premises granted to the Town of Lynnfield, 
by deed of the Lynnfield Center Playground Association, 
Inc., dated July 19, 1937 and recorded in Essex South Dis- 
trict Deeds, Book 3175, page 249, it having been voted at 
town meeting held on June 21, 1937 to accept a deed con- 
veying to the Town of Lynnfield for playground purposes 
said parcel of land described above, and said parcel of land 
having been named "Memorial Playground" by vote of the 
town meeting held on March 13, 1939. 

Parcel #^. — The land formerly owned by AUene H. Ride- 
out situated southeasterly of Main Street acquired by her 
under Parcel No. 2 of a deed from Susan B. Taylor et al, 
dated September 5, 1946 and recorded mth Essex South 
District Registry of Deeds in Book 3477, Page 352, which 
land is bounded : — Southwesterly by land now or formerly 
of Warren Newhall about four hundred (400) feet; south- 
easterly by land formerly of the Danvers Railroad, about 
ninety (90) feet; again southeasterly by land of Julius B. 
and Lillian S. Robult, formerly of J. M. Danforth, about 
seven hundred seventy -five (775) feet; northeasterly by 
other land of Allene H. Rideout (shown as Lot B on plan re- 
corded with said deeds in Plan Book 49, Plan No. 5), for- 
merly of Mary U. Nash, about three hundred thirteen and 
5/10 (313.5) feet; northwesterly by a brook at other land of 
the Town of Lynnfield about three hundred (300) feet; 
southwesterly by other land of the Town of Lynnfield about 
sixty (60) feet ; and northwesterly by other land of the Town 
of Lynnfield about six hundred fifty (650) feet; together with 
a right of way fifty (50) feet wide from said land to Main 
Street. 

Being the same premises taken by eminent domain by the 
Town of Lynnfield for school and playground purposes, by 
order of taking dated May 3, 1954 and recorded in Essex 
South District Deeds, Book 4069, page 86. 

Parcel #5. — The land in that part of Lynnfield known as 
Lynnfield Center, bounded and described as follows: — Be- 
ginning at the northwesterly corner, at the southwesterly 
corner of land of McCarthy; thence running southwest- 
erly by land of the Town of Lynnfield, the same being Me- 
morial Playground, so-called, three hundred (300) feet, more 
or less to the brook; thence turning and running north- 
easterly on the brook to land formerly of Mary U. Nash, 
subsequently of Taylor, but now said to be of Haskell; 
thence turning and running northwesterly by said land for- 
merly of Nash, three hundred (300) feet, more or less to land 
of McCarthy; thence turning and running westerly by said 
land of McCarthy, two hundred (200) feet, more or less, to 
the point of beginning. Containing approximately one (1) 
acre and being the same premises conveyed to the Town of 
Lynnfield by Susan B. Taylor by deed dated March 31, 1941 
and recorded in Essex South District Deeds in Book 3852, 
page 248, the purchase of which land for playground pur- 



Acts, 1956. — Chaps. 37, 38, 39. . 25 

poses was authorized by vote of the Town Meeting on 
March 10, 1941. 
Section 2. This act shall take effect upon its passage. 

Approved February 1, 1956. 

An Act designating the admissions building at the QJiqt) 37 
worcester state hospital as the william a. bryan 
treatment center. 

Be it enacted, etc., as follows: 

Section 1. The admissions and treatment building, be- 
ing erected at the Worcester state hospital, shall upon its 
completion be known and designated as the WilUam A. 
Bryan Treatment Center in honor of William A. Bryan, who, 
during his many years of service with the commonwealth, 
and particularly as superintendent of the Worcester state 
hospital from nineteen hundred and twenty-one to nineteen 
hundred and forty devoted his time and efforts to the in- 
terest of the less fortunate members of society who required 
care in state mental institutions. 

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

Approved February 1, 1956. 

An Act relative to the borrowing powers of co-op- Chav. 38 

ERATIVE BANKS. 

Be it enacted, etc., as follows: 

The first paragraph of section 31 of chapter 170 of the Gen- o. l. (Ter. 
eral Laws, as appearing in section 1 of chapter 371 of the f 3i'eYc°' 
acts of 1950, is hereby amended by striking out, in lines 11 amended.' 
and 12, the words "or one hundred thousand dollars, which- 
ever is the lesser", — so as to read as follows: — Such cor- 
poration, by vote of at least three fifths of all its directors. Borrowing 
may borrow from any source to meet withdrawals, pay taxes, co-^perrtive 
make loans on shares or accounts of the corporation, or make banks. 
or acquire real estate loans; provided, that any such bor- 
rowing for a period exceeding one year shall be subject to the 
approval of the commissioner; and provided, further, that 
any borrowing for a period of one year or less shall be sub- 
ject to such approval if such borrowing together with the 
aggregate of all borrowings then outstanding would exceed 
an amount equal to three per cent of the assets of such cor- 
poration. Approved February 1, 1956. 

An Act authorizing the town of Westminster to allow phnj) S9 

THE USE of its EQUIPMENT WITH ITS OPERATOR ON PRI- ^ * 

VATE PROPERTY FOR CERTAIN PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of utilizing its mechanical 
equipment to the greatest extent, furnishing more continu- 
ous employment for its employees and increasing the taxable 



26 Acts, 1956. — Chap. 40. 

value of the real estate within its boundaries, the town of 
Westminster is hereby granted authority to enter into agree- 
ments, through its selectmen, to rent such of its mechanical 
equipment with the operator thereof, when not needed for 
the use of the town, to private individuals for use on private 
property within the boundaries of said town. Said authority 
to enter into an agreement shall not be exercised unless and 
until the selectmen of the town have in their possession re- 
leases executed by the private individual and all employees 
of the town to be employed on such work to save the town 
harmless on account of any loss, cost or damages ensuing 
from the performance of such a rental agreement, including 
loss, cost or damages to equipment so rented, reasonable 
wear and tear excepted; nor until a cash deposit equal in 
amount to the estimated rentals to be paid under said agree- 
ment, as determined by the selectmen, is paid over to the 
town; nor until policies of workmen's compensation insur- 
ance and public liability insurance satisfactory to the select- 
men have been taken out by the private individual or in- 
dividuals covering the proposed work. 

The costs of said rentals shall be paid by said private in- 
dividuals. All bills and pay rolls chargeable for work done 
under such rental agreement shall be plainly marked to in- 
dicate that the work was done under authority of and in 
pursuance of said agreement, and shall be charged against 
the advance cash deposit which shall be credited on the books 
of the town in a separate account. Any excess of said charges 
over the cash deposit shall be paid over by the private in- 
dividual to the town upon demand of the selectmen or the 
town treasurer. Any remaining balance in the special cash 
deposit account, after the completion of the rental agree- 
ment, shall be returned to the private individual. 

The equipment and employees of the town of West- 
minster, while engaged in performing work under any said 
rental agreement, shall be deemed to be engaged in the 
service of the private individual, except that the service of 
any town employee thereunder shall be deemed creditable 
service within the meaning of section one of chapter thirty- 
two of the General Laws, and shall constitute public em- 
ployment within the meaning of chapter thirty-one of the 
General Laws if applicable now or hereafter in the town of 
Westminster to said employees. 

Section 2. This act shall take full effect upon its ac- 
ceptance by vote of the inhabitants of Westminster at a town 
meeting, but not otherwise. Approved February 1, 1956. 



Chap. 40 ^N Act providing for suitable markers for the graves 

OF CERTAIN POOR PERSONS. 

Be it enacted, etc., as follows: 

G^L.(Ter. Section 17 of chapter 117 of the General Laws, as most 

§ 17,' etc' recently amended by section 2 of chapter 668 of the acts of 

amended. 



Acts, 1956. — Chaps. 41, 42. 27 

1945, is hereby further amended by inserting after the second 
sentence the following sentence: — 'They shall also provide Markers for 
for the grave of each such deceased person a suitable marker feritaln poor 
bearing the name and dates of birth and death of such de- p^sons. 
ceased person, if known to said board. 

Approved February 1, 1956. 



An Act authorizing the submission of a question re- QJidj) 41 

LATING TO PROTECTIVE ZONING BY-LAWS TO THE VOTERS 
OF THE TOWN OF ROWLEY. 

Be it enacted, etc., as follows: 

Section 1. At the annual meeting for the election of 
officers in the town of Rowley, to be held in March, nine- 
teen hundred and fifty-six, there shall be submitted to the 
voters thereof the following question which shall be placed 
upon the official ballot to be used for the election of town 
ofl&cers at said meeting: — "Shall protective zoning by-laws 
be adopted in this town, in accordance with the final report 
of the planning board on file with the town clerk, which re- 
port recommends the adoption of the proposed protective 
zoning by-laws and map as printed in the 1955 town report?" 

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

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

Approved February 2, 1956. 



An Act authorizing the school committee of the city (JfiQ/n 42 
OF quincy to grant the use of veterans memorial 
field to charitable, historical and veterans or- 
ganizations AND permit the CHARGING OF CERTAIN FEES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 266 of the acts of 1936 is hereby 
amended by inserting after section 2A, inserted by section 1 
of chapter 182 of the acts of 1953, the following section: — 
Section 2B. Said school committee may grant to any char- 
itable, historical or veterans organization the use of such 
land and may authorize such organization to charge reason- 
able fees and such other charges for programs, refreshments 
and other conveniences as the committee may approve. 

Section 2. This act shall take full effect upon its accep- 
tance during the current year by vote of the school com- 
mittee of the city of Quincy, subject to the provisions of 
its charter. Approved February 2, 1956. / 



28 Acts, 1956. — Chaps. 43, 44. 



Chap. 43 An Act authorizing the city of new Bedford to acquire 

CERTAIN REAL ESTATE IN SAID CITY FOR AN OFF-STREET 
PARKING AREA. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing a public off- 
street parking area, the city of New Bedford may acquire by 
purchase or otherwise, or take by eminent domain under the 
provisions of chapter seventy-nine of the General Laws that 
certain parcel of land now owned by St. Luke's Hospital of 
New Bedford in said New Bedford situated on the east side 
of Page street, between Allen and Bedford streets, bounded 
and described as follows: — 

Beginning at the point of intersection of the northerly line 
of Allen street with the easterly line of Page street; thence 
northerly in the easterly line of Page street a distance of 
three hundred seventy-two and 52/100 (372.52) feet to a 
point in the southerly hne of Bedford street; thence easterly 
in the southerly line of Bedford street a distance of one hun- 
dred twenty-nine and 15/100 (129.15) feet to a point; 
thence southerly in the westerly line of property belonging 
to William and Edith A. Kameron and Mary A. Galligan a 
distance of three hundred seventy-one and 10/100 (371.10) 
feet to a point in the northerly line of Allen street; thence 
westerly in the northerly line of Allen street a distance of one 
hundred twenty-five and 22/100 (125.22) feet to the point 
of beginning, containing 173.54 square rods. 

Section 2. To provide the necessary funds for the acqui- 
sition of said land, except by a taking by eminent domain 
under said chapter seventy-nine of the General Laws, the 
city of New Bedford may pay for such acquisition, including 
the cost of constructing or reconstructing, surfacing, oper- 
ating and maintaining such area, in whole or in part, from 
receipts from parking meters installed and operating in said 
city. 

Section 3. This act shall take effect upon its acceptance 
by the city council of the city of New Bedford in accordance 
with the terms of its charter, but not otherwise. 

Approved February 2, 1956. 



Chap. 44 An Act relating to acceptable evidence of spaying of 

A female dog. 

Be it enacted, etc., as follows: 

EdVilo"^ Section 1. Section 137 of chapter 140 of the General 

§137. etc., Laws, as most recently amended by chapter 140 of the acts 
amended. q£ 194:5, is hereby further amended by striking out the last 

two sentences. 
G. L. (Ter. SECTION 2. Sectiou 139 of Said chapter 140 is hereby 

f isa.^efc.. amended by inserting after the second sentence, as appear- 
amended. ' jj^g [^ scctiou 5 of chapter 320 of the acts of 1934, the follow- 
ing sentence : — If the town clerk is satisfied that the certifi- 



Acts, 1956. — Chaps. 45, 46. 29 

cate of the veterinarian who spayed the dog cannot be ob- Evidence of 
tained, he may accept and file in lieu thereof a statement femaie^dog. 
signed under the penalties of perjury by a veterinarian regis- 
tered and practicing in the commonwealth, describing the 
dog and stating that he has examined such dog and that it 
appears to have been, and in his opinion has been, spayed 
and thereby deprived of the power of propagation. 

Approved February 2, 1956. 

An Act rei,ative to vacation salary or wages of cer- (JJiart. 45 

TAIN MUNICIPAL OFFICERS AND EMPLOYEES UNDER CERTAIN 
CIRCUMSTANCES. 

Be it enacted, etc., as follows: 

Section 11 IE of chapter 41 of the General Laws, as most g. l. (Ter. 
recently amended by chapter 13 of the acts of 1954, is hereby § liiE^etc, 
further amended by adding at the end the following sentence : ''mended. 
— The provisions of this section shall also apply to any per- vacation sai- 
son not subject to any of the aforesaid sections whose serv- ^Pce^rtaTn^^ 
ice is terminated as aforesaid without his having been granted municipal 
the vacation to which he is entitled under a by-law, ordinance empfoyee^^ 
or executive order; provided, that such by-law, ordinance or 
executive order so provides. Approved February 2, 1956. 

An Act relative to the establishment of the date QJiar) 46 

AT which members OF THE REGULAR OR PERMANENT 
POLICE AND FIRE FORCES IN CERTAIN CITIES AND TOWNS 
SHALL BECOME ENTITLED TO A VACATION. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose which is to provide for the establishment preamble. 
of a date at which certain members of the police and fire 
forces of a city or town shall become entitled to an annual 
vacation, and to make the benefits thereof available in the 
current year, 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 lllA of chapter 41 of the General Laws, as most g. l. (Ter. 
recently amended by chapter 172 of the acts of 1949, is f iiiA.^'etc. 
hereby further amended by striking out the first sentence amended. 
and inserting in place thereof the following two sentences : — 
In any city or town which accepts this section or has ac- vacations for 
cepted corresponding provisions of earlier law, on April first permanent 
in each year every member of its regular or permanent police police and 
or fire force who has been such for at least six months shall '■^™®°- 
become entitled to a vacation of not less than two weeks 
during such year, without loss of pay. Such vacation shall 
be granted at such time or times as in the opinion of the 
board or officer in charge of such force will cause the least 
interference with the performance of the regular work of 
such force. Approved February 6, 1956. 



30 



Acts, 1956. — Chaps. 47, 48. 



Chap. 47 -^N Act authorizing the sunderland water district 

OR THE TOWN OF SUNDERLAND TO ENTER INTO AGREE- 
MENTS WITH THE TOWN OF AMHERST FOR THE PURCHASE 
OR SALE OF WATER. 

Be it enacted, etc., as follows: 

Section 1. The Sunderland Water District, or the town 
of Sunderland, if said town acquires the works of said dis- 
trict, and the town of Amherst may enter into agreements 
for the purchase or sale of, and may purchase or sell, at such 
rates and under such terms as may be mutually agreed 
upon, water for the extinguishment of fires and for domestic 
and other purposes in such average annual amounts and 
from such sources in either of said towns as may first be 
approved by the state department of pubhc health and may 
enter into agreements for the laying of mains and construc- 
tion of other works in either of said towns necessary for 
carrying out the purposes of this act. 

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

Approved February 6, 1956. 



Chap. 48 ^^ -^^"^ prohibiting wire tapping of juries or jury 

ROOMS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 272 of the General Laws is hereby 
amended by inserting after section 99 the following section : 
— Section 99 A. Whoever secretly overhears, or attempts 
secretly to overhear or to have any other person overhear 
the deliberations of a jury by use of a device commonly 
known as a dictograph or dictaphone, or however otherwise 
described, or by any similar device or arrangement with 
intent to procure any information relative to the conduct of 
such jury or any of its members, shall be punished by im- 
prisonment for not more than five years or by a fine of not 
more than five thousand dollars, or both. 

Section 2. Section 102 of said chapter 272, as appearing 
in the Tercentenary Edition, is hereby amended by striking 
out, in fine 1, the words "The three preceding sections" 
and inserting in place thereof the words : — Sections ninety- 
nine, one hundred and one hundred and one. 

Section 3. Section 100 of said chapter 272, as so appear- 
ing, is hereby amended by striking out, in lines 1 and 2, the 
words "the preceding section" and inserting in place thereof 
the words: — section ninety-nine. 

Section 4. Section 181 of said chapter 272, as so appear- 
ing, is hereby amended by striking out, in line 7, the words 
"or the two preceding sections" and inserting in place 
thereof the words : — section or sections ninety-nine and 
one hundred. Approved February 6, 1956. 



G. L. (Ter. 
Ed.), 272. new 
§ 99A, added. 

Overhearing 
jury delibera- 
tions prohib- 
ited. 



Penalty. 



G. L. (Ter. 
Ed.), 272, 
§ 102, 
amended. 



G. L. (Ter. 
Ed.), 272, 
§ 100, 
amended. 



G. L. (Ter. 
Ed.), 272, 
§ 101, 
amended. 



Acts, 1956. — Chaps. 49, 50. 31 



An Act authorizing the placing of clerical positions QJiQr) 49 

IN SCHOOL departments OF CERTAIN TOWNS UNDER THE 

civil service laws. 
Be it enacted, etc., as follows: 

Section 47B of chapter 31 of the General Laws, as amended Sj^- (^''■■• 
by section 5 of chapter 701 of the acts of 1945, is hereby §47b, etc.. 
further amended by inserting after the first paragraph the -''"^nded. 
following paragraph: — 

The provisions of this chapter and the rules made there- Application of 
under shall apply to clerical positions in school departments cprTdn'to°vn 
in every town of more than five thousand inhabitants using empioyops. 
official ballots at town elections which accepts this section 
with reference to such employees by vote in answer to a 
question placed on the official ballot at an annual town 
election as hereinafter provided, and in every such town not 
using official ballots at town elections which accepts this 
section with reference to such clerical employees at an 
annual town meeting, and shall apply to such clerical em- 
ployees in every town which has accepted the provisions of 
the civil service law with reference to its official service as 
provided in section forty-seven. 

Approved February 6, 1956. 



An Act relative to further stay of judgment and njigy 50 

EXECUTION IN ACTIONS OF SUMMARY PROCESS. ^' 

Whereas, The deferred operation of this act would tend in Emergency 
part to defeat its purpose, which is to provide the courts with preamble. 
further discretionary authority to prevent serious hardships 
in eviction cases arising out of the termination of rent con- 
trol, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the welfare of 
the pubhc. 

Be it enacted, etc., as follows: 

Section 1. Chapter 43 of the acts of 1946 is hereby 
amended by striking out section 1, as most recently amended 
by section 1 of chapter 226 of the acts of 1955, and insert- 
ing 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 
six months or for periods not exceeding six months in the 
aggregate instead of one month as now provided by section 
nine of said chapter; provided, however, that a stay of 
judgment and execution in the case of premises occupied by 
an employee of a farmer conditioned upon his employment 
by such farmer and which employment has been legally 
terminated, shall not be granted for a longer period than 
two months, in the aggregate. 



32 



Acts, 1956. — Chaps. 51, 52. 



Section 1A. The stay or stays of judgment and execu- 
tion authorized under section one of chapter forty-three of 
the acts of nineteen hundred and forty-six, as amended by 
section one of this act, shall not be in addition to any such 
stay or stays granted under section one of said chapter forty- 
three, as appearing in chapter two hundred and twenty-six 
of the acts of nineteen hundred and fifty-five; but, if a sum- 
mary process writ has issued prior to the effective date of 
this act and a stay or successive stays of judgment and exe- 
cution has issued in such action which stay could not have 
been granted for more than four months and which stay has 
not expired, or, if successive stays, for more than four 
months in the aggregate and the most recent of such stays 
has not expired, then an additional stay or stays may be 
granted in such action provided that the total stay or stays 
in such action do not exceed six months in the aggregate. 

Section 2. Said chapter 43 is hereby further amended 
by striking out section 2, as most recently amended by sec- 
tion 2 of said chapter 226, and inserting in place thereof the 
following section : — Section 2. This act shall become in- 
operative on June thirtieth, nineteen hundred and fifty-seven. 

Approved February 7, 1956. 



Chan "51 -^^ ^^'^ repealing the assessment of insurance premium 

^' SURCHARGES UNDER THE HIGHWAY SAFETY ACT. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 90 A, 
§§ 12, 13. 14, 
15, 17, etc., 
repealed. 
G. L. (Ter. 
Ed.), 90\, 
§ 16, etc., 
amended. 



Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to repeal immediately the 
assessment of insurance premium surcharges, 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. Sections 12, 13, 14, 15 and 17 of chapter 90A 
of the General Laws, inserted by section 1 of chapter 570 of 
the acts of 1953, are hereby repealed. 

Section 2. Section 16 of said chapter 90A, as so inserted, 
is hereby amended by striking out, in lines 1 and 2, the 
words "and the commissioner of insurance shall each" and 
inserting in place thereof the word: — shall. 

Approved February 8, 1956. 



Chap. 52 An Act authorizing the town of watertown to estab- 
lish IN THE TOWN TREASURY A RECREATION COMMISSION 
REVOLVING FUND. 

Be it enacted, etc., as follows: 

Section 1. The town of Watertown may establish in the 
town treasury a revolving fund in which shall be deposited 
the receipts of the recreation commission created by the town 
under the provisions of section fourteen of chapter forty-five 
of the General Laws. Any and all such funds received by 



Acts, 1956. — Chaps. 53, 54. 33 

the town treasurer shall be kept separate from any other 
moneys, funds or property of the town, and the principal and 
interest thereof shall be expended at the direction of the 
recreation commission, without further appropriation, in 
such manner and at such times as shall in the discretion of 
the recreation commission best serve and promote the pur- 
poses for which such commission was established, the pro- 
visions of section fifty-three of chapter forty-four of the 
General Laws notwithstanding. 

Section 2. This act shall take effect upon its acceptance 
by a majority of the town meeting members of the town of 
Watertown present and voting thereon at a meeting legally 
called for the purpose. Approved February 8, 1956. 



An Act relative to the civil service status of certain QJiqj) 53 
employees of the town of swampscott. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any other provision of law, 
the town of Swampscott at any regular or special meeting is 
hereby authorized to grant civil service status and seniority 
rights to all employees of the department of public works, 
upon the effective date of its establishment. The employees 
of such departments as may be taken over or succeeded to 
by the department of public works shall be transferred to 
said department with civil service status and seniority rights. 
The following departments with their employees shall be so 
transferred, to wit: — park, cemetery, engineering, water, 
sewer and highway departments, including the following in- 
dividuals; surveyor of highways, superintendent of parks, 
superintendent of cemeteries, superintendent of water de- 
partment, superintendent of sewer department, town en- 
gineer and assistant town engineer. Any employee not hav- 
ing civil service status at the time of said transfer, except 
employees holding positions classified in the labor service of 
the civil service classification, shall be required to pass a 
qualifying examination to be given by the division of civil 
service. Upon passing said examination such employee 
shall be certified for the office or position which he holds and 
shall be deemed to be permanently appointed thereto with- 
out being required to serve any probationary period. 

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

Approved February 8, 1956. 



An Act providing for non-partisan town elections in QJiaj), 54 

THE town of canton. 

Be it enacted, etc., as follows: 

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



34 Acts, 1956. — Chap. 55. 

have printed thereon any party or political designation or 
mark, and there shall not be appended to the name of any 
candidate any such pohtical designation or mark. 

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

Section 3. This act shall be submitted to the voters of 
the town of Canton at the annual town meeting to be held 
in the year nineteen hundred and fifty-six, in the form of the 
following question which shall be printed on the official bal- 
lot used for the election of town officers: — "Shall an act 
passed by the general court in the year nineteen hundred 
and fifty-six, entitled 'An Act providing for non-partisan 
town elections in the town of Canton', be accepted?" If a 
majority of the voters voting thereon vote in the affirmative 
in answer to said question, this act shall thereupon take full 
effect, but not otherwise. Approved February S, 1956. 



Chap. 55 An Act establishing the selectmen-manager form of 

GOVERNMENT IN THE TOWN OF WILLIAMSTOW^N. 

Be it enacted, etc., as follows: 

Section 1. Acceptance. — This act shall be submitted for 
acceptance to the qualified voters of the town of Williams- 
town at the annual town election or the biennial state elec- 
tion following the passage of this act, whichever occurs first. 
The vote shall be taken by ballot in accordance with the pro- 
visions of the General Laws, so far as the same shall be ap- 
plicable, in answer to the following question which shall be 
placed upon the ballot to be used at said election: — "Shall 
an act passed by the General Court in the year nineteen hun- 
dred and fifty-six, entitled 'An act establishing the selectmen- 
manager form of government in the town of Williamstown', 
be accepted?" If a majority of the voters voting on this 
question vote in the affirmative, this act shall take effect 
immediately in so far as it relates to the ensuing annual 
town election, and shall take full effect upon the qualifica- 
tion of a majority of the selectmen first elected as provided 
in this act. 

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

Section 2. By-Laws. — All laws, by-laws, votes, rules 
and regulations in force in the town of Williamstown on the 
effective date of this act, not inconsistent with its provisions, 
whether enacted by authority of the town, or any other au- 



Acts, 1956. — Chap. 55. 35 

thority, shall continue in full force and effect until other- 
wise provided by law, by-law or vote ; all other laws, by-laws, 
votes, rules and regulations, so far as they refer to the town 
of Williamstown, are hereby repealed and annulled, but such 
repeal shall not revive any pre-existing enactment. 

Section 3. Election of Selectmen. — At the first annual 
town meeting following the acceptance of this act the voters 
shall elect by ballot five selectmen, of whom two shall serve 
for terms of three years, two for terms of two years, and one 
for a term of one year. At each annual election thereafter 
there shall be elected in place of those selectmen whose terms 
are about to expire, a Hke number of selectmen, each to 
serve for a term of three years. The selectmen shall receive 
such compensation, if any, as the toT\Ti may by vote deter- 
mine. They shall serve until their successors are elected and 
qualified. If for any reason, a vacancy shall occur in the 
membership of the selectmen, the remaining selectmen may 
at any time prior to the next annual town election appoint 
a quahfied person to serve as selectman until such election, 
at which election the voters shall elect a selectman to serve 
for the unexpired portion, if an}--, of the original term. 

Section 4. Powers of the Selectmen. — The selectmen 
shall appoint and may remove a toTVTi manager, as hereinafter 
provided, the registrars of voters other than the town clerk, 
election officials, the board of appeals, and the clerk of the 
selectmen, unless otherwise provided b}'- vote of the town. 

Section 5. Other Elected Officials. — The town shall con- 
tinue to elect a moderator, school committee and library 
trustees, and unless otherwise provided by law or by-law, 
the moderator shall continue to appoint a finance committee 
and such special committees as the voters may designate. 
The term of office of any officer, board or commission so con- 
tinued shall not be interrupted. 

Every other elective office, board or commission shall be 
terminated as hereinafter provided, any other provision of 
law to the contrary notwithstanding. 

The term of office of any person elected to any office, 
board or commission existing at the time of such acceptance 
and terminated hereunder shall continue until such first 
town election and until the appointment and qualification of 
his successor, if any, and thereafter the said offices, boards 
and commissions shall be abolished, and all powers, duties 
and obligations conferred or imposed thereon by law, except 
as provided by this act, shall be conferred and imposed upon 
the selectmen and exercised by the town manager to the ex- 
tent hereinafter provided. They shall be sworn to the faith- 
ful performance of their duties by the chairman of the select- 
men or by a justice of the peace. 

Section 6. Memberships, Terms, Powers, Duties and Re- 
sponsibilities. — The number of members of boards, com- 
missions and committees appointed under this act, the length 
of the term of each member thereof and of officers so ap- 
pointed, and the powers, duties and responsibilities of the 



36 Acts, 1956. — Chap. 55. 

same, shall be as now or hereafter provided by any applicable 
law, by-law or vote of the town, except as herein otherwise 
provided. Upon appointment and quahfication of the vari- 
ous officials as provided in this act, the term of office and 
all powers and duties of each person theretofore holding each 
such office shall cease and be terminated. 

Officers, boards, commissions and committees appointed 
by the town manager shall possess all the powers and rights 
and shall be subject to all the duties and liabilities specifically 
conferred or imposed by any applicable provision of law upon 
them or upon officers, boards, commissions or committees 
having corresponding powers and duties, but in the per- 
formance thereof they shall be subject to the general super- 
vision of the town manager. They shall be sworn to the 
faithful performance of their duties by the chairman of the 
selectmen or by a justice of the peace. 

Section 7, Powers of the School Committee. — All the 
powers, rights, duties and habihties now or hereafter con- 
ferred or imposed by law upon the school committee shall be 
exercised and performed by the school committee, provided, 
however, that said committee may request in writing, to the 
selectmen, the services of the town manager in the purchase 
of any supplies, materials, or equipment, in the construction, 
repair or maintenance of buildings, structures, grounds or 
equipment, or in any other capacity appropriate to the du- 
ties of his office. 

Section 8. Powers of the Library Trustees. — All the 
powers, rights, duties and liabilities now or hereafter con- 
ferred or imposed by law upon the library trustees shall be 
exercised and performed by the library trustees, provided, 
however, that the said trustees may request in writing, to 
the selectmen, the services of the town manager in the pur- 
chase of any supphes, materials, or equipment, in the con- 
struction, repair or maintenance of buildings, structures, 
grounds or equipment, or in any other capacity appropriate 
to the duties of his office. 

Section 9. Powers of the Fire District. — Nothing in this 
'act shall be construed to affect the powers and duties of the 
fire district, as provided by law, provided, however, that the 
prudential committee, in behalf of the district, and the se- 
lectmen in behalf of the town, may provide by a written 
agreement for the performance by the town manager of such 
services for the district as may be appropriate to the duties 
of his office, and for the reimbursement of any expense in- 
curred therefor. 

Section 10. Multiple Offices. — A member of the board 
of selectmen or of the school committee, or of the finance 
committee shall, during the term for which he was elected 
or appointed, be inehgible either by election or appointment 
to hold any other town office. Any person appointed by the 
town manager to any town office under the provisions of 
this act or of any general or special law shall be eligible, dur- 
ing the term of said office, to election or appointment to any 



Acts, 1956. ~ Chap. 55. 37 

other town ofl&ce, except that the town accountant shall not 
be eligible to hold the position of towm treasurer or the posi- 
tion of town collector. The town manager, with the ap- 
proval of the selectmen, subject to any applicable provision 
of the General Laws relating thereto, may assume the duties 
of any office which he is authorized to fill by appointment, 
but shall recp've no additional compensation therefor. 

Section 11. Appointment of Town Manager. — The se- 
lectmen elected as provided herein shall appoint as soon as 
practicable, a town manager, who shall be a person especially 
fitted by training and experience to perform the duties of 
the office. The town manager shall be appointed without 
regard to his political beliefs. He need not be a resident of 
the town or of the commonwealth when appointed, and shall 
not, during the twelve months prior to his appointment, have 
held any elective or appointive office in the town of Williams- 
town, other than the office of assistant town manager, if any. 
The iawn manager shall be a resident of the town during the 
term of his office. Before entering upon the duties of his 
office he shall be sworn to the faithful and impartial perform- 
ance thereof by the chairman of the selectmen, or by the 
town clerk, or by a justice of the peace. He shall execute a 
bond in favor of the town for the faithful performance of his 
duties in such sum and with such surety as may be fixed or 
approved by the selectmen. 

Section 12. Appointment of Temporary Manager. — Any 
vacancy in the office of town manager shall be filled as soon 
as possible by the selectmen. Pending appointment of a 
town manager or the filling of a vacancy, the selectmen may 
appoint a suitable person to perform the duties of the office. 

Section 13. Removal of Town Manager. — The select- 
men, by a vote of three or more members of the board, may 
remove the town manager. At least thirty days before such 
removal shall become effective, the selectmen shall file a pre- 
liminary written resolution with the town clerk setting forth 
in detail the specific reasons for the proposed removal, a 
copy of which resolution shall be delivered to the town 
manager. The manager may reply in writing to the resolu- 
tion and may request a public hearing. If the manager so 
requests, the board of selectmen shall hold a public hearing 
not earlier than twenty days nor later than thirty days after 
the filing of such request. After such public hearing, if any, 
otherwise at the expiration of thirty days following the filing 
of the preliminary resolution, and after full consideration, 
the selectmen by a vote of three or more members of the 
board may adopt a final resolution of removal. In the pre- 
liminary resolution the selectmen may suspend the manager 
from duty, but shall in any case cause to be paid to him forth- 
with any unpaid balance of his salary and his salary for the 
next three calendar months following the filing of the pre- 
liminary resolution. 

Section 14. Compensation of the Manager. — The town 
manager shall receive such compensation for his services as 



38 Acts, 1956. — Chap. 55. 

the selectmen shall determine, but it shall not exceed the 
amount appropriated therefor by the town. 

Section 15. Powers and Duties of the Manager. — In 
addition to the specific powers and duties provided in this 
act, the town manager shall have the following powers and 
duties : — 

(a) The town manager shall supervise and direct the ad- 
ministration of all departments, commissions, boards, and 
offices of the town, except those elected by the voters, or 
appointed by the selectmen or by the moderator. 

(6) The town manager, in accordance with the provisions 
of this act and except as otherwise expressly prohibited by 
the General Laws, may reorganize, consolidate or abolish 
departments, commissions, boards or offices under his direc- 
tion and supervision, in whole or in part, may establish such 
new departments, commissions, boards or offices as he deems 
necessary, and in so doing, may transfer the duties and 
powers, and so far as possible in accordance with the vote 
of the town, the appropriations of one department, com- 
mission, board or office to another. 

(c) Except as otherwise provided by this act, the town 
manager shall appoint upon merit and fitness alone, and 
subject to the provisions of chapter thirty-one of the Gen- 
eral Laws where applicable, may remove a town accountant, 
a town clerk, a town collector, a town treasurer who may 
act as a town collector, a town counsel, a welfare agent and 
assessors. He may in like manner appoint and remove such 
other officers and employees, as he deems necessary to carry 
out the powers and duties imposed upon him by this act. 
Permanent officers and employees not subject to chapter 
thirty-one of the General Laws shall not be removed by the 
town manager except on ten days' notice in writing setting 
forth the cause of such removal. 

(d) The town manager shall fix the compensation of all 
town officers and employees appointed by him, subject to 
any applicable provisions of chapter thirty-one or of section 

,one hundred and eight A of chapter forty-one of the Gen- 
eral Laws. 

(e) It shall be the duty of the town manager to attend 
regular meetings of the board of selectmen, except meetings 
at which his removal is being considered. 

(/) The town manager shall keep full and complete records 
of his office, and shall render as often as may be required by 
the selectmen a full report of activities under his supervi- 
sion. 

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

(/i) The town manager shall have jurisdiction over and be 
responsible for the planning, construction, reconstruction, 
alteration, repair, maintenance, improvement, use and rental 



Acts, 1956. — Chap. 55. 39 

of all town property except as hereinbefore provided with 
respect to schools and library and except as otherwise specif- 
icallj'' voted by the town. 

(i) Except as otherwise provided by this act, the town 
manager shall purchase all supplies, materials and equip- 
ment, and shall award all contracts for all departments and 
activities of the town. 

(j) The town manager shall administer, either directly or 
through a person or persons appointed by him in accordance 
with this act, all provisions of general and special laws ap- 
phcable to the town, all by-laws, and all regulations estab- 
lished by the selectmen. 

(k) The town manager shall, with the approval of the 
selectmen, have authority to prosecute, defend and com- 
promise all Htigation to which the town is a party, and to 
employ special counsel whenever in his judgment it may be 
necessary. 

(l) The town manager shall perform such other duties con- 
sistent with his office, as may be required of him by the by- 
laws or by vote of the selectmen. 

(m) The town manager shall have access to all town books 
and papers for information necessary for the proper per- 
formance of his duties, and may without notice cause the 
affairs of any department or activity under his control or 
the conduct of any officer or employee appointed by him to 
be examined. 

Section 16. Acting Manager. , — The town manager shall, 
by a letter filed with the town clerk, designate a qualijfied 
officer of the town subject to the approval of the selectmen, 
to perform his duties during his temporary absence or dis- 
ability. In the event that the town manager should fail to 
make such a designation, the selectmen shall so designate a 
qualified town officer to perform the duties of the town man- 
ager until he shall return or his disability shall cease. 

Section 17. Annual Budget. — All officers, boards and 
commissions of the town shall submit to the town manager 
in writing detailed estimates of their appropriations required 
for the efficient and proper conduct of their respective offices 
and departments and such further information, in such form 
and at such times as the town manager may require. On or 
before the fifteenth day of December in each year, or such 
other date as the town may by by-law prescribe, the town 
manager shall prepare and submit to the finance committee 
a budget for the ensuing year and all supplementary infor- 
mation in such form and detail as they may deem necessary 
or the town may require by by-law. 

Section 18. Approval of Warratits. — The town manager 
shall be the chief fiscal officer of the town. Warrants for the 
payment of town funds, prepared by the town accountant, 
in accordance with the provision of section fifty-six of chap- 
ter forty-one of the General Laws, shall be submitted to the 
town manager. The approval of any such warrant by the 
town manager shall be sufficient authority to authorize pay- 



40 Acts, 1956. — Chap. 55. 

ment by the town treasurer, but the selectmen shall approve 
all warrants in the event of the absence of the town manager 
or a vacancy in the office of the town manager. 

Section 19. Investigation of Claims. — ■ Whenever any 
payroll, bill or other claim against the town is presented to 
the town manager, he shall, if the same seems to him to be 
of doubtful vahdity, excessive in amount, or otherwise con- 
trary to the interests of the town, refer it to the selectmen, 
who shall immediately investigate the facts and determine 
what payment, if any, should be made. Pending such inves- 
tigation and determination by the selectmen, payment shall 
be withheld. 

Section 20. Certain Officers not to Make Contract with the 
Town. — It shall be unlawful for any selectman, the town 
manager, or any other elective or appointive official of the 
town, directly or indirectly, to make a contract with the town, 
or to receive any commission, discount, bonus, gift, reward 
or contribution, or any share in the profits of any person or 
corporation making or performing such a contract, unless the 
official concerned, immediately upon learning of the existence 
of such contract, or that such contract is proposed, shall 
notify the selectmen in writing of the contract and of the 
nature of his interest therein and shall abstain from doing 
any official act on behalf of the town in reference thereto. 
In case such interest exists on the part of an officer whose 
duty it is to make such a contract on behalf of the town, the 
contract may be made by another officer of the town duly 
authorized thereto by vote of the selectmen. Violation of 
any provision of this section shall render the contract in re- 
spect to which such violation occurs voidable at the option 
of the town. 

Section 21. Existing Contracts and Proceedings. — No 
contract existing and no action at law or suit in equity or 
other proceeding pending at the time this act is accepted or 
at the time of revocation of such acceptance shall be affected 
by such acceptance or revocation. 

, Section 22. Investigations or Surveys. — For the pur- 
pose of making investigations or surveys, the selectmen or 
the town manager may expend such sums for the employ- 
ment of experts, counsel and other assistants, and for other 
expenses in connection therewith, as the town may appro- 
priate for such purpose. 

Section 23. Revocation. — At any time after the expira- 
tion of three years from the date of acceptance of this act, 
a petition signed bj'" not less than ten per cent of the regis- 
tered voters of the town may be filed with the selectmen, re- 
questing that the question of revoking the acceptance of this 
act be submitted to the voters at the following annual town 
election. The selectmen shall thereupon direct the town 
clerk to cause the said question to be printed on the official 
ballot to be used at the next annual town election in the 
following form: — "Shall the acceptance by the town of Wil- 
liamstown of an act passed by the General Court in the year 



Acts, 1956. — Chap. 56. 41 

nineteen hundred and fifty-six entitled 'An act establishing 
the selectmen-manager form of government in the town of 
Williamstown', be revoked?" If such revocation is favored 
by a majority of the voters voting thereon, this act shall 
cease to be operative on and after the next annual town elec- 
tion, except as hereinafter provided. All general laws re- 
specting town administration and town ofiicers, and any 
special laws relative to Wilhamstown, the operation of which 
has been suspended or superseded by the acceptance of this 
act, shall be revived forthwith for the purposes of the next 
following election and shall be revived in their entirety on 
and after said election. By-laws in force when such revoca- 
tion takes effect, so far as they are consistent with general 
laws respecting town administration and town ofiicers and 
with special laws relating to said town, shall not be affected 
thereby, but any other by-laws inconsistent with such gen- 
eral or special laws shall be annulled. If such revocation is 
not favored by a majority of the voters voting thereon, no 
further petition therefor shall be filed under this section 
oftener than once in every three years thereafter. 

Approved February 9, 1966. 



An Act relative to the water supply of the city of Chni) 5fi 

NEWBURYPORT. ^' 

Be it enacted, etc., as follows: 

Chapter 403 of the acts of 1 908 is hereby amended by strik- 
ing out sections 11 and 12 and inserting in place thereof the 
following sections: — Section 11. The water commissioners 
shall fix such prices or rates for the use of water as will pro- 
duce annually, as nearly as may be, an amount suflScient, 
with the sum of not less than five thousand dollars which is 
to be raised by the city by general taxation as aforesaid, to 
defray all current operating expenses, including maintenance, 
all interest charges and payments on principal as they accrue 
upon any bonds, notes or scrip heretofore or hereafter issued 
by said city for water supply purposes, and may so fix such 
prices or rates as to produce a surplus of not more than fif- 
teen thousand dollars. 

Section 12. The said commissioners shall apply the sums 
received from the water rates, in the first instance, to the pay- 
ment of the expenses and charges named in the preceding 
section. The remainder, to the extent of not more than fif- 
teen thousand dollars in any one year, they may expend for 
new construction. They shall make no contract for new con- 
struction calling for an expenditure of a sum greater than 
fifteen thousand dollars in any one year, or calling for an 
expenditure which cannot be met from the water rates, until 
an appropriation therefor has been made by the city council. 
If a surplus shall remain from the water rates at the close of 
any fiscal year, after the payment of the expenditures afore- 
said, it shall be applied to the payment of the said expendi- 



42 Acts, 1956. — Chaps. 57, 58. 

tures in the following year, and if the surplus remaining in 
any one year amounts to more than fifteen thousand dollars 
the water rates shall be reduced proportionately. No money 
from the water rates or other income of the water works shall 
be used for any purpose not specified herein. 

Approved February 9, 1956. 



Chap. 57 An Act authorizing the municipal light department 

OF THE TOWN OF HIKGHAM TO SELL ELECTRICITY TO THE 
ELECTRIC LIGHT DEPARTMENT OF THE TOWN OF HULL. 

Be it enacted, etc., as follows: 

The municipal light department of the town of Hingham 
is hereby authorized to sell electricity to the electric light 
department of the town of Hull. The provisions of chapter 
one hundred and sixty-four of the General Laws shall apply 
to such sales in so far as said provisions are not inconsistent 
herewith. Approved February 9, 1956. 



ChaV. 58 -^^ -^^"^ MAKING THE CHAIRMAN OF THE PLANNING BOARD IN 
THE TOWN OF STOUGHTON A MEMBER AT LARGE OF THE 
TOWN MEETING IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Section 11 of chapter 213 of the acts of 1949 
is hereby amended by inserting after the word "commis- 
sion", in line 9, the words: — , chairman of the planning 
board, — so as to read as follows: — Section 11. A moder- 
ator shall be elected by the registered voters of the town by 
ballot at each annual town election and shall serve as the 
moderator of all town meetings, except as otherwise provided 
by law, until his successor is qualified. The moderator, the 
town manager, the town clerk, the town counsel, the town 
treasurer, the members of the board of selectmen, the mem- 
,bers of the school committee, the members of the board of 
assessors, the members of the finance commission, chairman 
of the planning board and any member of the general court 
of the commonwealth, who is a resident of the town shall be 
members at large of the town meeting. Nominations for 
moderator and his election shall be as in the case of other 
elective town officers, and any vacancy in such office may be 
filled by the town meeting members at a representative town 
meeting held for that purpose. If a moderator is absent, a 
moderator pro tempore may be elected by the town meeting 
members. 

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 Stoughton at a regular or special town meet- 
ing called for the purpose, but not otherwise. 

Approved February 9, 1966. 



Acts, 1956. — Chaps. 59, 60, 61, 62. 43 

An Act relating to the transfer of registration of QJidj) 59 

MOTOR vehicles OR TRAILERS. 

Be it enacted, etc., as follows: 

The fifth paragraph of section 2 of chapter 90 of the Gen- g. l. (Ter. 
eral Laws, as appearing in the Tercentenary Edition, is ^memfed.^ ^' 
hereby amended by inserting, in line 2, after the word 
"thereof" the words: — • or desires to transfer the registra- Transfer of 
tion from one motor vehicle or trailer owned by him to motor vehrok4 
another motor vehicle or trailer owned by him. *"■ *■""•''<'''''• 

Approved February 9, 1956. 



An Act to designate the east boston stadium as the Chap, 60 

MANASSAH E. BRADLEY MEMORIAL STADIUM. 

Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized to 
designate the East Boston Stadium as the Manassah E. 
Bradley Memorial Stadium. 

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 February 9, 1956, 



An Act relative to the speed of certain types of Chap. 61 

MOTOR vehicles UPON PUBLIC WAYS. 

Be it enacted, etc., as follows: 

The last paragraph of section 19A of chapter 90 of the g. l. (Per. 
General Laws, as amended by chapter 408 of the acts of ^tcli'amemJed^' 
1952, is hereby further amended by striking out the last 
sentence and inserting in place thereof the following sen- 
tence : — The operator of such a vehicle shall at all times ^peed of «erta'n 
comply with the speed limitations as provided by section vehicles regu- 
seventeen. Approved February 9, 1956. ^^'^' 



An Act authorizing the city of everett to use for Chav 62 

HIGHWAY AND OTHER MUNICIPAL PURPOSES CERTAIN LAND 
NOW HELD FOR PARK PURPOSES. 

Be it enacted, etc., as follows: 

Section L The city of Everett is hereby authorized to 
use for highway and other municipal purposes the land in 
said city bounded by Broadway, Bow street and the proposed 
extension of Lynde street held by it for public park purposes, 
said land being more particularly described as follows: — 
a certain parcel of land in said Everett — 

Beginning at the intersection of the northwesterly line of 
Bow street with the northeasterly line of Lynde street ex- 
tended across Bow street, thence N 52° 25' 10" W on the 



44 Acts, 1956. — Chap. 63. 

northeasterly line of Lynde street extended through Quarleno 
Park and measuring twenty-seven and seventy hundredths 
(27.70) feet to its intersection with the southeasterly hne of 
Broadway; thence S 34° 28' 05" W on the southeasterly line 
of Broadway and measuring three hundred and sixty-six hun- 
dredths (300.66) feet to a point at end of land taken or pur- 
chased for park purposes in eighteen hundred and ninety-five 
and eighteen hundred and ninety-six as shown on a plan by 
Edw. W. Lydston, City Engineer, dated July 18, 1895, on 
file in the Everett City Engineers OflSce; thence S 55° 31' 
55" E along the southwesterly end of park land to the north- 
westerly line of Bow street and measuring four and sixty- 
eight hundredths (4.68) feet, thence N 37° 10' 20" W on the 
northwesterly line of Bow street and measuring fifty-eight 
and thirty-five hundredths (58,35) feet to an angle point; 
thence continuing on the northwesterly line of Bow street 
N 38° 10' 07" E and measuring ninety-five and eighty-three 
hundredths (95.83) feet to an angle point; thence continuing 
on the northwesterly Une of Bow street N 39° 59' 28" E and 
measuring one hundred forty-five and ninety-four (145.94) 
feet to the point of beginning. 

Within the above described lines is an area of four thousand 
three hundred eighty-one (4,381) square feet more or less. 

Section 2. This act shall take effect upon its acceptance 
by the city council of the city of Everett in accordance with 
the provisions of its charter, but not otherwise. 

Approved February 9, 1956, 



Chap. 63 An Act changing the name of the boston psychopathic 

HOSPITAL TO the MASSACHUSETTS MENTAL HEALTH CENTER 

(boston psychopathic hospital). 

Be it enacted, etc., as follows: 

G. l. (Ter. SECTION 1, Section 5 of chapter 19 of the General Laws, 

?5-^;t^g^' as most recently amended by section 3 of chapter 469 of the 

amended. , acts of 1954, is hereby further amended by striking out, in 
fines 3 and 4, the words "Boston psychopathic hospital" and 
inserting in place thereof the words: — Massachusetts men- 
tal health center (Boston psychopathic hospital), — so as to 
Name of read as follows: — Section 5. The boards of trustees of the 

prthi*c''h'o7p*itai following pubhc institutions shall serve in the department: 
Ma83?c1iusetts Belchcrtowu state school, Massachusetts mental health cen- 
mentai health tcr (Bostou psychopathic liospital), Boston state hospital, 
psychopatwc" Dauvcrs state hospital, Foxborough state hospital, Gardner 
hospital). state hospital, Grafton state hospital, Walter E. Fernald 
state school, Medfield state hospital. Metropolitan state hos- 
pital, Monson state hospital, Norfolk state hospital, North- 
ampton state hospital, Taunton state hospital, Westborough 
state hospital, Worcester state hospital, Cushing hospital, 
Myles Standish state school and Wrentham state school. 
EdV \2z' Section 2. Section 25 of chapter 123 of the General Laws, 

§ 25.' etc.; as most recently amended by section 4 of said chapter 469, 

amended. 



Acts, 1956. — Chap. 64. 45 

is hereby further amended by striking out, in lines 8 and 9, 
the words "Boston psychopathic hospital" and inserting in 
place thereof the words: — • Massachusetts mental health cen- 
ter (Boston psychopathic hospital), — so as to read as fol- 
lows: — Section 25. The state institutions under the control state institu- 
of the department shall be Worcester state hospital, Taunton co°nt^r(ii'^of^de- 
state hospital, Northampton state hospital, Danvers state menSi^heaith 
hospital, Grafton state hospital, Westborough state hospital, 
Foxborough state hospital, Medfield state hospital, Monson 
state hospital, Gardner state hospital, Wrentham state 
school, Boston state hospital, Walter E. Fernald state 
school, Massachusetts mental health center (Boston psycho- 
pathic hospital), Belchertown state school, Metropohtan 
state hospital, Norfolk state hospital, Gushing hospital, 
Myles Standish state school, and such others as may here- 
after be added by authority of law. 

Section 3. When used in any statute, ordinance, by- 
law, legal decision, deed, rule or regulation, the phrase "Bos- 
ton psychopathic hospital" or any words connoting the same, 
shall mean Massachusetts mental health center (Boston 
psychopathic hospital). Approved February 9, 1956. 



An Act authorizing the city of Lawrence to sell QfiQ/n 54 

CERTAIN LAND ACQUIRED FOR PLAYGROUND PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Lawrence may sell at pubHc auc- 
tion a certain parcel of real estate in said city which was 
acquired for park and playground purposes and is no longer 
needed for pubUc use. Said parcel of land is situated south 
of Mount Vernon street and west of a roadway which leads 
to the Jewish cemetery; said parcel being bounded as fol- 
lows : — Beginning at a point in the line of demarcation be- 
tween the properties of the grantor and of now or formerly 
of H. Plummer, said point being distant southerly 150.00 
feet from a stone bound defining an angle in the southerly 
Une of Mount Vernon street; thence running north 74° 29' 
east by land now or formerly of E. L. Novak and by land of 
grantor, a distance of 277.72 feet to a point in the westerly line 
of a right of way; thence running south 25° 01' east by said 
right of way, a distance of 1087.42 feet ; thence running about 
south 76° 22' west by land now or formerly of Congregation 
Temple Emanuel of Lawrence, a distance of 547.80 feet; 
thence running about north 10° 58' west by land now or 
formerly of H. Plummer, a distance of 1060 feet more or less 
to the point of beginning. Containing an area of 10.08 acres 
more or less, or 439,256 square feet. 

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

Approved February 9, 1956. 



46 Acts, 1956. — Chaps. 65, 66, 67. 



Chap. 65 An Act relative to the furnishing of poliomyelitis 

VACCINE BY the COMMONWEALTH. 

Emergency Wheveas, The deferred operation of this act would tend 

pream e. ^^ defeat its purpose, which is to provide immediately for 
the furnishing of 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: 

Chapter 481 of the acts of 1955 is hereby amended by strik- 
ing out section 2 and inserting in place thereof the following 
section: — Section 2. The commissioner of pubhc health 
shall furnish 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 poliomyelitis 
vaccine as is necessary to vaccinate and re-vaccinate as 
necessary any child between the ages of one to nineteen 
3'-ears, inclusive, and any other persons, including pregnant 
women, in accordance with priorities estabUshed by the 
commissioner. Approved February 10, 1956. 

Chap. 66 An Act authorizing the city of malden to make a re- 
division OF precincts in ward six of said city. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
two of chapter fifty-four of the General Laws, the aldermen 
of the city of Maiden are hereby authorized to divide forth- 
with ward six, as now constituted for purposes of state elec- 
tions, preHminary elections and primaries, into five precincts. 
Said redivision of precincts shall thereupon take effect and 
be applicable to all state elections, preliminary elections and 
primaries held thereafter, until said city may make a new 
division of its territory with such number of wards as may be 
^ fixed by law. 

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

Approved February IS, 1956. 

Chap. 67 An Act relative to the counting of absentee ballots 
in cities and towns where voting machines are used. 

Emergency Whcrcas, The deferred operation of this act would tend 

pream e. ^^ defeat its purpose, which is to provide forthwith for the 
counting of absentee ballots on election day at the voting 
precinct of the voter, 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^M*^'' Chapter 54 of the General Laws is hereby amended by 

S 94,' etc., striking out section 94, as most recently amended by chapter 

amended. 



Acts, 1956. — Chaps. 68, 69, 70. 47 

102 of the acts of 1954, and inserting in place thereof the fol- 
lowing section : — ■ Section 94- Upon receipt of an envelope Delivery of 
purporting to contain an official absent voting ballot, the bauTtsr 
clerk of the city or town shall attach thereto the application regulated. 
for an oflficial absent voting ballot executed by the voter 
whose name appears thereon and certified by the registrars 
of voters. All such envelopes shall be preserved unopened. 
Upon election day within one hour after the hour for the 
closing of the polls the said clerk shall deliver all envelopes 
received by him to the election officers in the several voting 
precincts where the voters named therein assert the right 
to vote. Approved February IS, 1956. 



An Act relative to the time for payment of water fhnnj gg 

BETTERMENT ASSESSMENTS IN THE TOWN OF LEXINGTON. ^' 

Be it enadedy etc., as follows: 

Section 1. If the town of Lexington accepts sections 
forty-two G to forty-two I, inclusive, of chapter forty of the 
General Laws, the provisions of chapter one hundred and 
fifty-nine of the acts of nineteen hundred and fifty shall apply 
to betterments assessed under said sections forty-two G to 
forty-two I, inclusive. 

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

Approved February IS, 1956. 



An Act relative to the hours for the opening and fhav 69 
closing of the polls at elections in the town of ^' 

DANVERS. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 294 of the acts of 1930 is 
hereby amended by inserting after the word "direct", in 
line 38, the following: — ; provided, that the polls shall not 
be opened before ten o'clock in the forenoon and shall be 
kept open until eight o'clock in the evening. 

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

Approved February IS, 1956. 



An Act providing for temporary licenses in the case nhnr) 70 

OF TRANSFERS OF OWNERSHIP OF HOSPITALS, SANATORIA, '' ^' 
convalescent OR NURSING HOMES, INFIRMARIES OR 
BOARDING HOMES FOR THE AGED. 

Be it enacted, etc., as follows: 

Section 71 of chapter 111 of the General Laws is hereby g. l. (Ter. 
amended by inserting after the first sentence, as appearing f'!^j•l^}• 
in section 9 of chapter 602 of the acts of 1952, the following amended.' 
sentence : — In the case of the transfer of ownership of a Temporary 
hospital, sanatorium, convalescent or nursing home, in- |jpj,°^^fg°of 
firmary or boarding home for the aged, the application of the ownership of 



48 Acts, 1956. — Chaps. 71, 72, 73. 

hospital, Sana- new owner for a license shall have the effect of a license for a 
tonum, etc. period of three months when acknowledged by the de- 
partment. Approved February IS, 1956. 



Chap. 71 An Act relative to land conveyed by the metropoli- 
tan DISTRICT commission TO THE MEDFORD POST 1012, 
VETERANS OF FOREIGN WARS, INC. IN THE CITY OF MED- 
FORD. 

Be it enacted, etc., as follows: 

1964,482, Section two of chapter four hundred and eighty-two of 

§2, repealed, ^j^^ ^^^^ ^£ nineteen hundred and fifty-four is hereby re- 
pealed. Approved February IS, 1956. 



Chap. 72 An Act authorizing the city council to fix the hours 

FOR VOTING IN CERTAIN ELECTIONS IN THE CITY OF NEW- 
BURYPORT. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 95 of the acts of 1920 is 
hereby amended by striking out, in lines 10 to 12, inclusive, 
the words "opened at forty-five minutes past five o'clock in 
the forenoon, and shall remain open until four o'clock in the 
afternoon" and inserting in place thereof the words: — open 
during such hours as the city council may prescribe; pro- 
vided, that they shall be opened not earlier than fifteen 
minutes before six o'clock in the forenoon nor later than 
ten o'clock in the forenoon and shall be kept open at least 
six hours, but in no event later than eight o'clock in the 
evening. 

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

Approved February IS, 1956. 



Chap. 73 An Act providing tenure of office for ernest McCarthy 

CHIEF OF POLICE OF THE TOWN OF WARREN. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of Ernest McCarthy, tl\e 
incumbent of the office of chief of police of the town of 
Warren, shall be unlimited, but he may be removed there- 
from, lowered in rank or compensation or transferred for 
cause after hearing in the manner provided by section 
forty-three of chapter thirty-one of the General Laws. 

Section 2. This act shall be submitted to the voters of 
the town of Warren at the annual town 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: — 



Acts, 1956. — Chaps. 74, 75. 49 

"Shall an act passed by the General Court in the year nine- 
teen hundred and fifty-six, entitled ' An Act providing tenure 
of office for Ernest McCarthy chief of police of the town of 
Warren', 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 IS, 1956. 



An Act relative to the nomination papers of candi- fn.njy 74 

DATES FOR DELEGATE TO A NATIONAL CONVENTION AND ^' 

FOR STATE COMMITTEE. 

Be it enacted, etc., as follows: 

Section 1. Section 70D of chapter 53 of the General g. L.rcxer. 
Laws is hereby amended by striking out the fourth sentence, f 7ob?ttc., 
as appearing in section o of chapter 280 of the acts of 1950, amended. " 
and inserting in place thereof the following sentence : — 
Section forty-five shall apply to such papers for candidates 
to be voted for at presidential primaries except that they Nomination 
shall not contain the eight word statement referred to in canlfdatesfor 
said section; provided, that a candidate for state committee, delegates. 
delegate or alternate delegate to a national convention may 
state in not more than eight words, including in the case of 
the said candidate for delegate or alternate delegate to a 
national convention, the statement of preference for presi- 
dent referred to in section seventy E, the public offices which 
he holds or has held, showing clearly that he is a former 
incumbent thereof, if such is the case ; and if he is a veteran, 
as defined in section twenty-one of chapter thirty-one of the 
General Laws, the word "veteran" may be used. 

Section 2. This act shall take effect on January first, Effective date. 
nineteen hundred and fifty-seven. 

Approved February IS, 1956. 



An Act to eliminate the necessity of printing powers nhfj^ yc 
OF attorney on applications for registration of P' *j 

MOTOR VEHICLES AND TRAILERS AND FOR LICENSES TO 
OPERATE SUCH VEHICLES. 

Be it enacted, etc., as follows: 

Section 3D of chapter 90 of the General Laws is hereby g. l. (Ter. 
amended by striking out the first sentence, as amended by l^g-^* ^-^ 
section 3 of chapter 366 of the acts of 1953, and inserting in amended. " 
place thereof the following sentence: — Application for regis- Necessity of 
tration of a motor vehicle or trailer or for a hcense to operate Pf'^^t'^K powers 

1 • 1 111 • 1 • . . "3' attorney on 

motor vehicles shall constitute and irrevocably appoint, in applications 
case the certificate of registration or license applied for is tFoVofuc^^^s 
issued, the registrar or his successor in office the true and motorvehiciea 
lawful attorney of the applicant, upon whom may be served and traUers. 
all lawful processes in any action or proceeding against him, ''''°*'°'***'^- 
or his executor or administrator, growing out of any accident 



50 Acts, 1956. — Chaps. 76, 77. 

or collision in which he or his agent may be involved while 
operating a motor vehicle within the commonwealth during 
the period covered by the certificate of registration or by the 
license as the case may be, and any process against him which 
is so served shall, if he is notified of such service as herein- 
after provided, be of the same legal force and validity as if 
served on him personally and the mailing by the registrar of 
a copy of such process to him at his last address as appearing 
on the registrar's records shall be sufficient notice to him of 
such service. Approved February 13, 1956. 



Chap. 76 An Act relative to the lease and sale of certain land 

OWNED BY THE CITY OF BOSTON IN THE CHARLESTOWN 
DISTRICT OF SAID CITY. 

Be it enacted, etc., as follows: 

The provisions of section two A of chapter four hundred 
and thirty-four of the acts of nineteen hundred and forty- 
three, as inserted by chapter one hundred and fifty-nine of 
the acts of nineteen hundred and fifty-one, exclusive of the 
last sentence thereof, shall, notwithstanding the provisions 
of said last sentence, apply to so much of the land described 
in the deed from William B. Bacon and Wilham P. Blake to 
the city of Boston, recorded with Suffolk Deeds, Book 2006, 
Page 606, and the instrument of taking recorded with Suf- 
folk Deeds, Book 2008, Page 349, as lies northeasterly of the 
northeasterly line of Medford street and held by the city of 
Boston for public park purposes. 

Approved February IS, 1956. 



Chap. 77 An Act further regulating the amount of money 

CITIES AND TOWNS MAY APPROPRIATE FOR PROVIDING 
PROPER FACILITIES FOR PUBLIC ENTERTAINMENT. 

Be it enacted, etc., as follows: 

G. L. (Ter. Sectiou 5 of chapter 40 of the General Laws, as amended, 

§ 5' etc.." is hereby further amended by striking out clause (37), as 

amended. appearing in section 1 of chapter 177 of the acts of 1943, 

and inserting in place thereof the following clause : — 

Appropriations (^ (37) For providing proper facilities for public entertain- 

tertailimentr mcut in coniiectiou with the holding of conventions in the 

regulated. towu, for paying expenses incidental to such entertainment, 

and for the entertainment of distinguished guests, a sum not 

exceeding, in any one year, one one-hundredth of one per 

cent of the assessed valuation of the preceding year, but in 

no event more than one hundred thousand dollars. 

Approved February IS, 1956. 



Acre, 1956. — Chaps. 78, 79. 51 



An Act authorizing additional description on dog Qfidy 73 

LICENSE forms AND RELATING TO THE DUTIES OF DOG ^' 

officers. 

Be it enacted, etc., as follows: 

Section 1. The second paragraph of section 137 of chap- g. l. (Xer. 
ter 140 of the General Laws, as amended, is hereby further f 137/eTc., 
amended by inserting after the first sentence, as appearing amended. 
in chapter 140 of the acts of 1945, the following sentence: — 
The owner of any dog may add descriptive words, not over ^g'^g'^rf""^^ on 
ten in number, upon the license form to indicate the color, dog license 
breed, weight and special markings of the Hcensed dog. ^°'^™*' 

Section 2. Section 151 of said chapter 140 is hereby ^j^-{Jq®'"- 
amended by inserting after the fifth sentence, as amended § isi, etc.. 
by section 1 of chapter 11 of the acts of 1948, the following '^'"^'^ded. 
sentence: — Each dog officer before disposing of any dog in ^^^^^^3'*^''°^ 
his possession shall check its description against the descrip- 
tions issued on dogs hcensed within his city or town. 

Approved February 13, 1956. 



An Act relating to the designation of towtst meeting Chap. 79 

MEMBERS IN THE TOWN OF FALMOUTH. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 349 of the acts of 1935 
is hereby amended by striking out the first paragraph and in- 
serting in place thereof the following paragraph : — Other 
than the officers designated in section three as town meeting 
members at large, the representative town meeting mem- 
bership shall in each precinct consist of the largest number 
divisible by three which will admit of a representation thereof 
in the approximate proportion which the number of regis- 
tered voters therein bears to the total number of registered 
voters in the town, and which will cause the total member- 
ship to be as nearly two hundred and fifty as may be, ex- 
clusive of members at large. 

Section 2. Section 3 of said chapter 349 is hereby 
amended by striking out the first paragraph and inserting in 
place thereof the f oUowing paragraph : — Any representative 
town meeting held under the provisions of this act, except as 
otherwise provided herein, shall be limited to the voters 
elected under section two, together with the following, to be 
designated town meeting members at large: namely, any 
member of the general court of the commonwealth who is a 
voter of the town, the town clerk and treasurer, the chairman 
of the board of selectmen, the chairman of the board of 
pubhc welfare, the chairman of the board of assessors, the 
tax collector, the chairman of the school committee, the 
chairman of the water and sewer commissioners, the chair- 
man of the park commissioners, the town accountant, the 
chairman of the finance committee, the chairman of the 



62 Acts, 1956. — Chaps. 80, 81. . 

planning board, the highway surveyor, the tree warden, the 
chairman of the trustees of the public library, the chairman 
of the beach committee and the town counsel. All the fore- 
going shall be included within the general designation of 
town meeting members. 

Section 3. Of the additional membership over two 
hundred provided for in section two of chapter three hun- 
dred and forty-nine of the acts of nineteen hundred and 
thirty-five, as amended by section one of this act, one third, 
as nearly as may be, shall be elected over a period of each 
of two successive years and the remainder thereof in the 
third year next following its acceptance as provided in 
section four. 

Section 4. This act shall take full effect upon its ac- 
ceptance by a majority vote by the town of Falmouth at a 
town meeting following the passage of this act. 

Approved February IS, 1956. 



Chap. 80 An Act authorizing the state treasurer to issue a 

NEW CHECK TO THE ESTATE OF WILLIAM F. BOWES. 

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 the amount of eight thousand nine hundred 
and ten dollars and twenty cents payable to the order of 
Estate of Wilham F. Bowes in lieu of all checks issued to the 
said William F. Bowes, late of Boston, between August, 
nineteen hundred and forty-three and January, nineteen hun- 
dred and fifty, inclusive. 

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

Approved February 15, 1956. 



Chap. 81 'An Act providing for the number of appointees of 

THE SERGEANT-AT-ARMS OF THE GENERAL COURT. 

Be it enacted, etc., as follows: 

G. L. (Ter. Sectiou 19 of chapter 3 of the General Laws, as most 

§19, etc., recently amended by chapter 782 of the acts of 1955, is 
amended. hereby further amended by striking out, in line 4, the word 

"sixty-one" and inserting in place thereof the word: — 
sixty-two, — 'SO as to read as follows: — Section 19. The 
^p™hitee°i of number of doorkeepers, assistant doorkeepers, general court 
sergeant-at- officers and pagcs of the senate and of the house shall not 
genera gj^^gg^j sixty-two iu all. Approvcd February 15, 1956. 



arms 
court 



Acts, 1956. — Chaps. 82, 83. 53 



An Act providing for the holding of biennial mlt^icipal (J^d^j 82 

ELECTIONS IN THE CITY OF LAWRENCE IN ODD NUMBERED 
YEARS BEGINNING IN NINETEEN HUNDRED AND FIFTY- 
SEVEN AND FIXING THE DATE FOR SUCH ELECTIONS. 

Be it enacted, etc., as follows: 

Section 1. Beginning with the year nineteen hundred 
and fifty-seven, municipal elections in the city of Lawrence 
for the choice of mayor, aldermen and members of the 
school committee shall be held biennially on the Tuesday 
next following the first Monday of November in each odd 
numbered year. 

Section 2. At the biennial municipal election to be held 
in said city in the year nineteen hundred and fifty-seven, 
and at every biennial municipal election thereafter, a mayor, 
four aldermen and four members of the school committee 
shall be elected to serve for terms of two years each from the 
first Monday in January following their election and until 
the qualification of their respective successors. The aldermen 
and the members of the school committee elected at the an- 
nual city election in the year nineteen hundred and fifty-six 
shall serve for terms of one year each and until the quaUfica- 
tions of their respective successors, who shall be elected at the 
biennial municipal election in the year nineteen hundred and 
fifty-seven. 

Section 3. Such provisions of Part II of chapter six 
hundred and twenty-one of the acts of nineteen hundred and 
eleven, and acts in amendment thereof and in addition 
thereto, as are inconsistent with any provisions of this act 
are hereby repealed. 

Section 4. This act shall be submitted to the voters of 
the city of Lawrence at the biennial state election in the cur- 
rent year in the form of the following question which shall be 
placed upon the official ballot to be used in said city at said 
election: — "Shall an act passed by the General Court in 
the year nineteen hundred and fifty-six, entitled 'An Act 
providing for the holding of biennial municipal elections in 
the city of Lawrence in odd numbered years beginning in 
nineteen hundred and fifty-seven and fixing the date for such 
elections', be accepted?" If a majority of the voters voting 
thereon vote in the affirmative in answer to said question, 
then this act shall take full effect, but not otherwise. 

Approved February 16, 1956. 



An Act authorizing the city of taunton to pay a sum Q}iav 83 

OF money to JOHN SULLIVAN. 

Be it enacted, etc., as follows: 

Section 1 . For the purpose of discharging a moral obliga- 
tion, the city of Taunton is hereby authorized to appropriate 
or transfer from available funds, and to pay a sum of money 
not exceeding six hundred and thirteen dollars to Johia 



54 Acts, 1956. — Chaps. 84, 85. 

Sullivan, a retired fire fighter of the Taunton fire department, 
for medical expenses incurred by him in the years nineteen 
hundred and fifty, nineteen hundred and fifty-one, nineteen 
hundred and fifty-two, nineteen hundred and fifty-three and 
nineteen hundred and fifty-four, resulting from injuries 
sustained by him and arising out of and in the course of his 
employment as a fire fighter for the city of Taunton. 
Section 2. This act shall take effect upon its passage. 

Approved February 16, 1956. 



Chap. 84 An Act authorizing the city of Springfield to re- 
imburse THE widow of leg G. HAMEL FOR THE EXPENSES 
OF HIS FUNERAL. 

Be it enacted, etc., as folloivs: 

Section 1. For the purpose of discharging a moral obhga- 
tion, the city of Springfield may appropriate and pay to the 
widow of Leo G. Hamel, who died October thirty-first, nine- 
teen hundred and fifty-five, as a result of injuries sustained 
while in the performance of his duty as a member of the 
police department of said city, a sum not exceeding eight 
hundred dollars, in reimbursement of the expenses of his 
funeral. 

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 Springfield, subject to the provisions of its charter, 
but not otherwise. Approved February 16, 1956. 



Chap. 85 -^N Act relative to the operation of certain un- 
registered MOTOR vehicles USED EXCLUSIVELY FOR THE 

building, repair and maintenance of highways. 

Be it enacted, etc., as follows: 

G. L. (Ter. Section 9 of chapter 90 of the General Laws is hereby 

f 9'?et^c^.' §,mended by striking out the first sentence, as most re- 

amended, cently amended by chapter 244 of the acts of 1952, and 
inserting in place thereof the following three sentences : — 
Operation of No persou shall operate, push, draw or tow any motor vehicle 
registered' o'' trailer, and the owner or custodian of such a vehicle shall 
m<jtor vehicles not permit the same to be operated, pushed, drawn or towed 
regulated. ' upou or to remain upon any way except as authorized by 
section three, unless such vehicle is registered in accordance 
with this chapter and carries its register number displayed 
as provided in section six, and, in the case of a motor vehicle, 
is equipped as provided in section seven, except that any 
motor vehicle or trailer may, if duly registered, be operated, 
pushed, drawn or towed upon or remain upon any way be- 
tween the hours of twelve o'clock noon on December thirty- 
first of one year and twelve o'clock noon on January first of 
the following year if it carries its register number of either 
year displayed as provided in section six, and except that a 



Acts, 1956. — Chap. 86. 55 

tractor, trailer or truck may be operated without such regis- 
tration upon any way for a distance not exceeding one half 
mile, if said tractor, trailer or truck is used exclusively for 
agricultural purposes, or for a distance not exceeding three 
hundred yards, if such tractor, trailer or truck is used for in- 
dustrial purposes other than agricultural purposes, for the 
purpose of going from property owned or occupied by the 
owner of such tractor, trailer or truck to other property so 
owned or occupied ; and except that an earth-moving vehicle 
used exclusively for the building, repair and maintenance of 
highways which exceeds the dimensions or weight limits im- 
posed by section nineteen and the weight limits imposed by 
section thirty of chapter eighty-five may be operated with- 
out such registration for a distance not exceeding three hun- 
dred yards on any way adjacent to any highway or toll road 
being constructed, relocated or improved under contract 
with the commonwealth or any agency or political subdivi- 
sion thereof or by a public instrumentality; provided, that 
a permit authorizing the operation of such a vehicle in excess 
of the stated weight or dimension limits has been issued by 
the commissioner of public works or the board or officer 
having charge of such Avay ; and provided, further, that such 
earth-moving vehicle shall be operated under such permit 
only when directed by an officer authorized to direct traffic 
at the location where such earth-moving vehicle is being op- 
erated. The operation of such an earth-moving vehicle shall 
conform to any terms or conditions set forth in such permit, 
and any person to whom any such permit is issued shall pro- 
vide indemnity for his operation by means of a motor vehicle 
liability policy or bond conforming to the requirements of 
this chapter and shall furnish a certificate conforming to the 
requirements of section thirty-four A with each such applica- 
tion for a permit. Violation of this section shall not constitute 
a defence to actions of tort for injuries suffered by a person, 
or for the death of a person, or for injury to property, unless 
it is shown that the person injured in his person or property 
or killed was the owner or operator of the motor vehicle the 
operation of which was in violation of this section, or unless 
it is shown that the person so injured or killed, or the owner 
of the property so injured, knew or had reasonable cause to 
know that this section was being violated. 

Approved February 16, 1956. 



An Act authorizing the city of boston to establish 

ON MOON island IN BOSTON HARBOR A TRAINING SCHOOL 
FOR ITS FIRE FIGHTERS. 

Be it enacted, etc., as follows: 

The city of Boston is hereby authorized to estabhsh, 
develop and maintain on Moon island in Boston harbor a 
school for instructing its fire fighters in the techniques of 
extinguishing fires and of protecting life and property in 



Chap. 86 



56 



Acts, 1956. — Chaps. 87, 88, 89. 



case of fire; and for such purpose said island shall be deemed 
to be within the limits of said city within the meaning of 
section fifteen A of chapter forty of the General Laws. 

Approved February 16, 1956. 



Chap. 87 An Act relative to the erection and maintenance of 

ONE AND TWO CAR GARAGES APPURTENANT TO DWELLINGS 
IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Chapter 577 of the acts of 1913 is hereby amended by 
inserting after section 4 the following section: — Section 4^.. 
The provisions of this act requiring notice and a public 
hearing shall not apply to any application for a permit to 
erect or maintain a garage which is to be an appurtenance to 
a dweUing and in which not more than two automobiles are 
to be kept or stored. Approved February 16, 1956. 



Chap. 88 An Act relative to the charges for loans by savings 

BANKS to depositors THEREOF ON THE SECURITY OF 
THEIR DEPOSIT BOOKS THEREIN. 

Be it enacted, etc., as follows: 

Section 40 of chapter 168 of the General Laws, as ap- 
pearing in section 1 of chapter 432 of the acts of 1955, is 
hereby amended by striking out the second sentence and in- 
serting in place thereof the following sentence : — Said 
corporation may charge the depositor interest for, or may 
collect discount in advance upon, the loan at a rate not ex- 
ceeding one per cent more than the rate of the next preceding 
ordinary dividend of such corporation, and if an extra divi- 
dend shall have been paid therewith, not exceeding one per 
cent more than the combined rates of such ordinary and extra 
dividends; provided, that a minimum of one dollar may be 
, charged or collected as sucjj^ interest or discount in the case 
of any such loan. Approved February 16, 1956. 



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



Charges for 
loans to 
depoaitora. 



Chap. 89 An Act requiring the providing of drinking water 

ON construction projects. 

Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by 
striking out section 106, as amended by section 1 of chapter 
373 of the acts of 1955, and inserting in place thereof the 
following section: — Section 106. All industrial establish- 
ments and every person engaged in carrying on a construc- 
tion project shall provide fresh and pure drinking water to 
which their employees shall have access during working 
hours. Any person owning, in whole or in part, managing, con- 
trolling or superintending any industrial establishment or 



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



Drinking 

water to be 
provided em- 
ployees on 
construction 
projects. 



ACTS; 1956. — Chaps. 90, 91. 57 

construction project 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 hun- 
dred dollars. For the purposes of this section the term 
"industrial establishments" shall be deemed to include 
public garages and premises used by express, trucking and 
transportation companies where persons are employed. 

Approved February 16, 1956. 



An Act increasing the fee for and the duration of (^Jkuj qq 
cigarette tax retail licenses. '' ^' 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 64C of the General Laws, g. l. (Xer. 
as appearing in section 1 of chapter 547 of the acts of 1945, ?2"^;f*^' 
is hereby amended by striking out, in line 36, the words amended, 
"one dollar" and inserting in place thereof the words: — • License fee. 
two dollars. 

Section 2. Said chapter 64C is hereby further amended g. l. (Xer. 
by striking out section 3, as so appearing, and inserting in f s.^efc^P' 
place thereof the following section : — Section S. Each amended. 
retailer's license issued under section two shall expire on the renewairelc., 
thirtieth day of June of each even year and all other licenses "^^"r^g'^""® 
issued under said section shall expire on the thirtieth day of licenses. 
June next succeeding the date of issuance, unless sooner 
revoked by the commissioner as provided in section four or 
unless the business -with respect to which such license was 
issued shall change ownership, or unless the holder of the 
license shall remove his business from the premises covered 
by the license, in any of which cases the holder of the license 
shall immediately return it to the commissioner. In the 
event that the holder of the license removes his business to 
another location within the commonwealth, the license with 
respect to the former place of business shall, without the pay- 
ment of an additional fee, be reissued for the new location for 
the balance of the unexpired term. The holder of each 
license, on application to the commissioner accompanied by 
the applicable fee prescribed in section two, may, before the 
expiration date of the license then held by him, renew his 
license for a further period of two years in the case of a re- 
tailer's license, and for a further period of one year in the 
case of all other licenses. 

Section 3. This act shall take effect on July first, nine- Effective 
teen hundred and fifty-six. Approved February 16, 1956. '^''*^- 



An Act increasing the amount of certain personal Qhd^ oj 

LOANS made by CERTAIN CREDIT UNIONS. ^' 

Be it enacted, etc., as follows: 

Paragraph 6 of subdivision (A) of section 24 of chapter 171 g l. (Xer. 
of the General Laws, as most recently amended by section 3 f 24,' etc.' 

amended. 



58 



Acts, 1956. — Chaps. 92, 93. 



wedTt unions, ^f chapter 122 of the acts of 1954, is hereby further amended 
by striking out, in line 4, the word "twenty-five" and in- 
serting in place thereof the word: — thirty-five. 

Approved February 16, 1966. 



Chap. 92 An Act relative to flexible or adjustable mortgages 

OF REAL estate. 



G. L. (Ter. 
Ed.), 183, 
§ 28A, etc., 
amended. 



Flexible, etc., 
mortgages of 
real estate. 



Be it enacted, etc., as follows: 

Chapter 183 of the General Laws is hereby amended by 
striking out section 28A, inserted by section 1 of chapter 438 
of the acts of 1946, and inserting in place thereof the following 
section : — • Section 28 A . Any sum or sums which shall be 
loaned by the mortgagee to the mortgagor at any time after 
the recording of any mortgage of real estate, to be expended 
for paying for repairs, improvements or replacements to, or 
for taxes or other municipal liens, charges or assessments on, 
the mortgaged premises, shall be equally secured with and 
have the same priority as the original indebtedness, to the 
extent that the aggregate amount outstanding at any one 
time when added to the balance due on the original indebted- 
ness shall not exceed the amount originally secured by the 
mortgage. The provisions of this section shall apply to all 
forms of mortgages on real estate. 

No action under this section shall affect the rights of the 
holder of any encumbrance which is subject to that of the 
mortgagee granting the accommodation for the purpose of 
paying for repairs or replacements to, or for taxes or other 
municipal liens, charges or assessments on, the mortgaged 
premises, and recorded prior to September first, nineteen 
hundred and forty-six, unless his written assent shall be ob- 
tained, nor shall any such action affect the rights of an 
original borrower unless his written assent shall be obtained. 
In cases where the accommodation is for the purpose of 
making improvements to the mortgaged premises no action 
hereunder shall affect the rights of the holder of any en- 
cumbrance which is subject to that of the mortgagee granting 
said accommodation and recorded prior to September first, 
nineteen hundred and fifty-six, unless his written assent shall 
be obtained, nor shall any such action affect the rights of an 
original borrower unless his written assent shall be obtained. 

Approved February 16, 1956. 



Chap. 



93 An Act authorizing the town of plainvillb to use 
certain park land for garaging and storage pur- 
POSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Plain ville is hereby authorized 
to use for garaging and storage purp'oses of the highway 
department of said town a certain parcel of land known 
as Town Park Property, bounded and described as follows: — 



Acts, 1956. — Chaps. 94, 95. 59 

Beginning at the southwest corner of said Town Park 
Property, thence northerly by land of Alpin Chisholm, a 
distance of 510.20 feet; thence easterly to an estabhshed 
right of way, a distance of 450 feet, more or less; thence 
southerly along said right of way, a distance of 510.20 feet 
more or less, to land of Whiting & Davis Company; thence 
westerly 598.26 feet along said Whiting & Davis Company 
land to the point of beginning. 

Section 2. In the event said land is relinquished or 
abandoned by the highway department, said land shall 
revert to the control of and become a part of the Town Park 
Propert3^ AppToved February 16, 1956. 



Chap. 94 



An Act relative to investment of deposits in savings 
departments of trust companies. 

Be it enacted, etc., as follows: 

Section 61 of chapter 172 of the General Laws is hereby q l (Ter. 
amended b}^ striking out the first sentence, as most recently e^ ). 172, 
amended by section 14 of chapter 432 of the acts of 1955, and amended.' 
inserting in place thereof the following sentence: — All such investment of 
deposits shall be special deposits and shall be placed in said sfvCngs^ '" 
savings department, and all loans or investments thereof departments 
shall be made in accordance with the law governing the in- comp'fnies, 
vestment of deposits in savings banks, except (a) as provided '■eKui^ited. 
in section seventy-three of chapter one hundred and sixty- 
eight, and (6) that real estate mortgage participation loans 
authorized under paragraph 8 of section thirty-five of said 
chapter may be made by a trust company in its savings 
department in participation with one or more other trust 
companies in their savings 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 referred to in paragraphs 1, 2 and 3 of section thirty- 
five and that part of paragraph 4 of said section thirty-five 
which provides that the aggregate balance of principal out- 
standing at any one time on mortgage 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 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. Approved February 16, 1956. 



An Act authorizing the selection of chief engineers nhfjrr. qk 

AND ASSISTANT ENGINEERS IN FIRE DISTRICTS FOR TERMS ^' 

NOT EXCEEDING THREE YEARS. 

Be it enacted, etc., as follows: 

Chapter 48 of the General Laws is hereby amended by o. l. (Ter, 
striking out section 65, as appearing in the Tercentenary aminjld.^ ^^' 



60 Acts, 1956. — Chaps. 96, 97. 

Edition, and inserting in place thereof the following sec- 
Engineere, tion: — SectioTi 65. The chief engineer and assistant en- 

how chosen. • 1.111.1. r j. j. I'xi 

gineers shall be chosen for terms not exceeding three years, 
and shall be sworn. Approved February 16, 195G. 

Chap. 96 An Act relative to tenure of office of helen e. jones, 
A school nurse in the city of newburyport. 

Be it enacted, etc., as follows: 

Section 1. Helen E. Jones, the incumbent of the office 
of school nurse in the city of Newburyport, is hereby given 
unlimited tenure of office therein; provided, however, that 
she passes a qualifying examination to which she shall be 
subjected by the division of civil service within six months 
after the effective date of this act, and upon satisfactorily 
passing such examination she shall not be involuntarily 
separated from her service as such, except for cause after a 
hearing and a decision by the appointing authority. Said 
decision may be appealed from and to the school committee 
within five days after the giving of notice thereof by the ap- 
pointing authority, and the school committee shall give a 
hearing and decision thereon within thirty days after the 
filing of a request for a hearing. Within thirty days after 
notice to the employee of the decision of the school com- 
mittee the action of the appointing authority and the school 
committee may be appealed from and to the district court, 
subject to and in accordance with the provision of section 
forty-five of chapter thirty-one of the General Laws to the 
same extent as if this office were classified under said chapter 
thirty-one. 

Section 2. This act shall take full effect upon its ac- 
ceptance, in the current year, by the school committee of 
said city. Approved February 16, 1956. 



Chap. 97 An Act relative to tenure of office of gage t. pollard, 

A SCHOOL NURSE IN THE CITY OF NEWBURYPORT. 

Be it enacted, etc., as follows: 

Section 1. Gage T. Pollard, the incumbent of the oflBce 
of school nurse in the city of Newburyport, is hereby given 
unlimited tenure of office therein; provided, however, that 
she passes a qualifying examination to which she shall be 
subjected by the division of civil service within six months 
after the effective date of this act, and upon satisfactorily 
passing such examination she shall not be involuntarily 
separated from her service as such, except for cause after a 
hearing and a decision by the appointing authority. Said 
decision may be appealed from and to the school committee 
within five days after the giving of notice thereof by the 
appointing authority, and the school committee shall give a 
hearing and decision thereon within thirty days after the 



Acts, 1956. — Chap. 98. 61 

filing of ^a>reque8t for a hearing. Within thirty days after 
notice to the employee of the decision of the school com- 
mittee the action of the appointing authority and the 
school committee may be appealed from and to the district 
court, subject to and in accordance with the provision of 
section forty-five of chapter thirty-one of the General Laws 
to the same extent as if tliis office were classified under said 
chapter thirty-one. 

Section 2. This act shall take full effect upon its ac- 
ceptance, in the current year, by the school committee of 
said city. Approved February 16, 1956. 



An Act providing for the manner of issuing municipal (JJkij) 9g 

SECURITIES. 

Be it enacted, etc., as follows: 

Section 16 of chapter 44 of the General Laws is hereby g. l. (Xer. 
amended by striking out the first sentence, as appearing in amended. ' 
the Tercentenary Edition, and inserting in place thereof the 
following two sentences : — A city, town or district which Manner of 
has authorized a debt to be incurred within the hmitations, mXi«pai 
as to amount and time of payment, prescribed by this ^gXted 
chapter may issue therefor bonds or notes, or, in the case 
of a city, certificates of indebtedness, all of which shall be 
properly denominated on the face thereof, signed by its 
treasurer, and, if issued by a city, countersigned by its 
mayor, unless its charter otherwise provides, or, if issued by 
a town, by a majority of its selectmen, or, if issued by a dis- 
trict, by a majority of the prudential committee or com- 
missioners, and by any other officers, boards or commis- 
sioners of a city, town or district whose counter-signatures 
may be required by law, at such rate of interest as may be 
deemed proper; and such city, town or district may, except 
as provided in section eighteen, sell such bonds, notes or 
certificates of indebtedness at not less than par, at pubfic or 
private sale, or may use the same in payment of such debts; 
provided, that if the amount of the annual payment and the 
period of the loan are not specified by the vote authorizing 
the debt to be incurred, the officers authorized to issue 
bonds or notes therefor may issue the same subject to the 
provisions and limitations of this chapter; provided, further, 
that unless it is otherwise specified in the vote authorizing 
the debt, such officers may, subject to said hmitations and 
provisions issue such bonds or notes at one time or from 
time to time and each such issue shall constitute a separate 
loan. Any bonds or notes issued under the authority of this 
chapter, if properly executed by the officers of a city, town 
or district in office on the date such securities are actually 
executed, shall be valid and binding according to their 
terms notwithstanding that before the dehvery thereof and 
payment therefor any or all such officers shall have for any 
reason ceased to hold office. Approved February 20, 1956. 



62 Acts, 1956. — Chaps. 99, 100, 101. 



Chap. 99 An Act relative to the licensing of certain motor 

VEHICLES FOR THE CARRIAGE OF PASSENGERS FOR HIRE 
ON CERTAIN TURNPIKES OR TOLL ROADS. 

Be it enacted, etc., as follows: 

G. L. (Ter. Section 1 of chapter 159 A of the General Laws, as most 

^(i)^^i^59A. recently amended by section 11 of chapter 297 of the acts 
amended. of 1949, is hereby further amended by striking out, in lines 13 

and 14, the words "under the jurisdiction of the metro- 
politan district commission, such commission" and inserting 
Licensing of in placc thcrcof the words : — ■ or turnpike or toll road under 
veWcies™"*""^ the jurisdictiou of the metropolitan district commission or 
regulated. ^^g Massachusctts Turnpike Authority, such applicable 
commission or authority. Approved February 20, 1956. 



Chap. iOO A.N Act relative to the powers of the town manager 

OF THE TOWN OF WILMINGTON IN TRANSFERRING APPRO- 
PRIATIONS OF ONE DEPARTMENT, COMMISSION, BOARD OR 
OFFICE, TO ANOTHER. 

Be it enacted, etc., as follows: 

Paragraph (I) of section 12 of chapter 592 of the acts of 
1950 is hereby amended by inserting after the word "select- 
men", in line 2, the words: — • and with the written approval 
of the finance committee. Approved February 20, 1956. 



Chap.\{)l An Act authorizing the city of newton to sell and 

CONVEY A PORTION OF THE THOMPSONVILLE PLAYGROUND, 
SO-CALLED. 

Be it enacted, etc., as follows: 

Section 1. The city of Newton, acting by its mayor, 
upon authorization of the board of aldermen, may sell and 
convey free and clear from any obligation to use the same for 
playground purposes and any other pubhc purposes a certain 
parcel of land situated in said city and shown on Plan 
No. 34233 on file in the engineering department of the 
city of Newton entitled "Langley Road, Westerly Side, Land 
in Thompsonville Playground, dated December 6, 1955, 
U. M. Schiavone, City Engineer", and being more par- 
ticularly bounded and described as follows: — 

Easterly by land of the City of Newton (Thompsonville 
Playground) and land of Domenic J. Totaro and Pauline 
Totaro, one hundred fifty and 21/100 (150.21) feet; south- 
erly by other land of Domenic J. Totaro and Pauline Totaro, 
fifty-one (51) feet; southeasterly eighty (80) feet; south- 
westerly ninety (90) feet; and northwesterly by the south- 
easterly line of an existing Access Road shown on plan herein- 
above mentioned, two hundred ten and 19/100 (210.19) feet, 
the last three described lines being by the remaining portion 



Acts, 1956. —Chap. 102. 63 

of land of the City of Newton (Thompson ville Playground), 
said parcel containing 20,200 square feet of land. Together 
with a right of way over the existing Access Road from said 
parcel to Langley Road. 

Section 2. The proceeds of the sale of said land shall be 
used only for the purpose of improving parks and play- 
grounds laid out under chapter forty-five of the General 
Laws. 

Section 3. This act shall take full effect upon its accept- 
ance during the current year by the recreation commission 
and by the board of aldermen of said city, subject to the 
provisions of its charter, but not otherwise. 

Approved February 20, 1956. 



An Act authorizing the city of newton to sell and 

CONVEY A portion OF THE HAWTHORN PLAYGROUND, 
SO-CALLED. 

Be it enacted, etc., as follows: 

Section 1. The city of Newton, acting by its mayor, 
upon authorization of the board of aldermen, may sell and 
convey free and clear from any obhgation to use the same for 
playground purposes and any other public purposes a certain 
parcel of land on the northeasterly side of Hawthorn street 
in said city and bounded and described as follows : — 

Southwesterly by Hawthorn Street, one hundred and 
twenty (120) feet; northwesterly by land of Raymond 
Miller and Fay F. Miller, ninety-nine and 69/100 (99.69) 
feet; northeasterly by land of Antonio Sahnicci and Anna 
Salvucci, by the end of Adams Court and by land of Angela 
M. Visco, one hundred and twenty (120) feet; south- 
easterly by land of Frank J. DeLuca, ninety-nine and 
69/100 (99.69) feet. Said parcel contains 11,961 square feet 
of land, and being Lots 57, 58 and 59, as shown on plan 
entitled "Nonantum Park, Newton, dated May 5, 1903, 
E. S. Smilie, Engineer", recorded in Middlesex Registry of 
Deeds in Plan Book 143, Plan 6. Said parcel is carried on 
the Assessors' records as Lot 18 of Section 23, Block 13. 

Section 2. The proceeds of the sale of said land shall be 
used only for the purpose of improving parks and play- 
grounds laid out under chapter forty-five of the General 
Laws. 

Section 3. This act shall take full effect upon its ac- 
ceptance during the current year by the recreation com- 
mission and by the board of aldermen of said city, subject 
to the provisions of its charter, but not otherwise. 

Approved February 20, 1956. 
1 



C/iap.l02 



64 Acts, 1956. — Chaps. 103, 104, 105. 



Chap.lOS ^ ^^'^ PLACING THE OFFICE OF CHIEF OF POLICE OF THE 
TOWN OF HOPKINTON UNDER THE CIVIL SEP.VICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The office of chief of police of the town of 
Hopkinton shall, upon the effective date of this act, become 
subject to the civil service laws and rules, and the tenure 
of any incumbent of said office shall be unlimited, subject, 
however, to said laws; provided that the present incumbent 
of said office shall continue to serve as such provided he 
passes a qualifying examination to be given by the division 
of civil service. 

Section 2. This act shall be submitted to the registered 
voters of the town of Hopkinton at the annual town election 
in the current year in the form of the following question 
which shall be placed upon the official ballot to be used in 
said town at said election: — "Shall an act passed by the 
General Court in the year nineteen hundred and fifty-six, 
entitled 'An Act placing the Office of Chief of Pofice of the 
Town of Hopkinton under the Civil Service Laws', be 
accepted?" If a majority of the votes in answer to said 
question is in the affirmative, this act shall take full effect, 
but not otherwise. Approved February 21, 1956. 



Chap.104: An Act to apportion the cost of district departments 
OF veterans' services in accordance with assessed 
valuations. 

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

preamble. defeat its purpose, which is to provide forthwith for the ap- 
portionment of the cost of district departments of veterans' 
services in accordance wdth assessed valuations, 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 11 of chapter 115 of the General Laws, inserted by 

§ 11,' etc' section 1 of chapter 599 of the acts of 1946, is hereby amended 
amended. ^y striking out, in lines 13 to 15, inclusive, the words " taxable 

valuation of said municipalities as last established by the 
Apportion- general court as a basis of apportionment for state and county 
of*'d*st°/ict°'^* taxes" and inserting in place thereof the words: — 'assessed 
oFvetlraM*^ valuations of said municipalities for the year next preceding 
services. the year in which the apportionment is determined. 

Approved March 1, 1956. 

Chap. 105 An Act to permit the transportation of alcoholic 

BEVERAGES AND ALCOHOL BY AIRCRAFT. 

Be it enacted, etc., as follows: 

G L. (Ter. Sectiou 22 of chapter 138 of the General Laws is hereby 

§ 22,' etc.l amended by striking out the third paragraph, as appearing 

amended. 



Acts, 1956. — Chaps. 106, 107. 65 

in section 22 of chapter 440 of the acts of 1935, and insert- 
ing in place thereof the following paragraph: — 

Any railroad or car corporation or the owner or operator Transportation 

/. 1 1 • • • 1 of alcoholic 

of any vessel or shipping company or any common carrier by beverages and 
air may, if authorized by a permit issued by the commission, ^1^°^'°/^''^ 
transport and deliver alcoholic beverages or alcohol; and the 
fee for such a permit covering all the cars, vessels or aircraft 
thereof shall be one hundred dollars. 

Approved March 1, 1956. 



An Act relative to the observance of senior citizens (7/icip. 106 

DAY. 

Be it enacted, etc., as follows: 

Chapter 6 of the General Laws is hereby amended by in- g. l. (Ter. 
serting after section 15 A, inserted by chapter 170 of the acts f'lsB^kdded. 
of 1953, the following section: — Section 15B. The gov- 
ernor shall annually issue a proclamation setting aside the observance of 
fourth Sunday in May as Senior Citizens Day, recommend- DaT"^ 
ing its observance by the public in honoring the elder citi- 
zens of the commonwealth. Approved March 1, 1956. 



An Act to provide for the proper care, custody and Chap.107 

PRESERVATION OF FLAGS CARRIED IN TIME OF WAR BY 
organizations of MASSACHUSETTS MEN OR WOMEN IN 
THE MILITARY OR NAVAL SERVICE OF THE UNITED STATES 
AND TO MAKE THE STATE SUPERINTENDENT OF BUILDINGS 
THE CUSTODIAN THEREOF. 

Be it enacted, etc., as follows: 

Section 1. Chapter 8 of the General Laws is hereby Sj^F'^g-^ 
amended by inserting after section 17 the following sec- §i7A, added. 
tion: — Section 17 A. The state superintendent of buildings care, custody 
is hereby designated as the custodian of the flags carried in tion offltgr" 
time of w^ar by organizations of Massachusetts men or women carried in time 
in the military or naval service of the United States, which ° 
flags are now in the possession of the commonwealth or which 
in the future may come into such possession. 

He shall exercise proper care, custody and preservation of 
such flags, and shall keep on file at all times a record open to 
public inspection, containing such details concerning such 
flags and including such pictorial representations as he may 
deem proper, and shall give an account thereof each year in 
his annual report. 

He shall have supervision over the Hall of Flags, and all 
cases and cabinets therein, and over all cases and cabinets 
in Doric Hall or elsewhere in the state house wherein any 
such flags as are referred to herein are now or maj^ in the 
future be on pubHc display. 

He may provide proper streamers and marks of insignia 
for identification of any of the flags referred to herein. The 



66 



Acts, 1956. — Chap. 108. 



Adjutant 
general to turn 
over to super- 
intendent of 
buildings 
records, docu- 
ments, etc. 



1951, 383, 
repealed. 



standard given to the regiment of Massachusetts volunteers 
in Mexico by General Winfield Scott, and now in the quarters 
of the senate, shall be retained therein, and he shall cause a 
proper case or cabinet to be provided therefor. In the event 
that other flags of the Mexican War, the Civil War, the 
Spanish-American War or World War 1 shall come into the 
possession of the commonwealth, he shall cause suitable pro- 
vision to be made for their preservation with the other flags 
of the respective units involved. In the event that flags of 
World War II shall come into the possession of the common- 
wealth, he shall cause proper cases or cabinets to be pro- 
vided therefor, either in the Hall of Flags or in Doric Hall. 

The flags referred to herein shall not be removed from the 
state house without the express permission of the general 
court. 

Section 2. The adjutant general shall, forthwith, turn 
over to the superintendent of buildings all records, documents, 
memoranda and other papers relating to the Hall of Flags, 
and all cases, cabinets, and flags referred to in section seven- 
teen A of chapter eight of the General Laws, as amended by 
section one of this act, now in his custody. 

Section 3. Chapter 383 of the acts of 1951 is hereby re- 
pealed. 

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

Approved March 2, 1956, 



Chap.lOS An Act permitting the division of employment security 

TO sublet certain space at 40 FOSTER STREET IN THE 
CITY OF WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of aiding the division of em- 
ployment security in disposing of excess space and to assist 
the government of the United States in acquiring needed 
space, the director of the division of employment security, 
with the approval of the superintendent of buildings, the 
governor and council and the commission on administration 
and finance, is hereby authorized to enter into agreement, 
by lease or otherwise, with the United States of America, or 
with any other governmental agency, upon such terms and 
conditions as it deems adequate, for the disposal of approxi- 
mately forty-eight hundred square feet of space located on 
the easterly end of the second floor of the premises at 40 Fos- 
ter street in the city of Worcester, subject, nevertheless, to 
the terms and conditions of a lease expiring on April thir- 
tieth, nineteen hundred and fifty-seven, whereby the com- 
monwealth is currently in possession of said premises. For 
the purpose of this act, the director of the division of em- 
ployment security is authorized to enter into an agreement 
effective as of the twenty-fifth of August, nineteen hundred 
and fifty-five. 

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

Approved March 2, 1956. 



Acts, 1956. — Chaps. 109, 110. 67 



An Act relative to the extension and maintenance of Chop. 109 

A STRUCTURE BRIDGING AVON STREET IN THE CITY OF 
BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Upon petition and after seven days' notice 
published in at least three newspapers published in the city 
of Boston, and a pubhc hearing thereon, the Pubhc Improve- 
ment Commission of the city of Boston may, with the ap- 
proval of the mayor, grant and issue a permit to the trustees 
of the Avon Street Trust under an agreement and declaration 
of trust dated December third, nineteen hundred and seven, 
and recorded ^vith Suffolk Deeds, book three thousand two 
hundred and fifty, page three hundred and thirty-one (an 
amendment of said agreement and declaration of trust hav- 
ing been recorded with said deeds, book four thousand eight 
hundred and sixty-two, page five hundred and thirty- two), 
and their successors, and to Jordan Marsh Company, a cor- 
poration duly established and existmg under the laws of this 
commonwealth, and to Alstores Realty Corporation, a cor- 
poration duly estabhshed and existing under the laws of 
Delaware, or to any one or more of them, hereinafter referred 
to as the abutters, to extend or enlarge the structure now 
bridging Avon street in said Boston and connecting buildings 
owned by the abutters on opposite sides of said street, which 
structure was constructed pursuant to the authority granted 
by chapter three hundred and forty of the acts of nineteen 
hundred and thirty-nine, and, on such conditions and sub- 
ject to such restrictions as said Pubhc Improvement Com- 
mission may prescribe, permanently to maintain such struc- 
ture as so extended or enlarged. 

Section 2. No structure as so extended or enlarged under 
a permit issued as provided in section one of this act, shall 
be constructed or maintained at a height less than thirty feet 
above the grade line of said street, and no part of such struc- 
ture or its'^supports shall rest upon the surface of the street, 
nor shall any such structure be erected or maintained over 
any portions of said street not owned in fee by one or the 
other of the abutters without the written consent of the 
owners of such portions in each instance. Such consent of 
the city of Boston may be given by said Pubhc Improvement 
Commission with the approval of the mayor. 

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

Approved March 2, 1956. 



An Act placing the offices of veterans' agent and QJiqj) wq 
director of veterans' services in the city of cam- ^' 

bridge under the civil service laws. 

Be it enacted, etc., as follows: 

Section 1. The offices of veterans* agent and director of 
veterans' services in the city of Cambridge shall, uponfthe 



68 Acts, 1956. — Chaps. Ill, 112. 

effective date of this act, become subject to the civil service 
laws and rules, and the tenure of office of the incumbents 
thereof shall be unlimited, subject, however, to said laws. 
The incumbents of said offices on said effective date shall be 
subjected by the division of civil service to qualifying exam- 
inations, and if they pass said examinations they shall be 
deemed to be permanently appointed thereto without being 
required to serve any probationary period. 

Section 2. This act shall take effect upon acceptance 
by the city council of the city of Cambridge in the current 
year. ' Approved March 2, 1956. 



Chav. Ill An Act providing for an easement through land of 

THE METROPOLITAN STATE HOSPITAL FOR THE PURPOSE OF 
constructing and MAINTAINING A SEWER IN THE CITY OF 
WALTHAM. 

Be it enacted, etc., as follows: 

Section 1. The department of mental health, acting in 
behalf of the commonwealth, is hereby authorized and di- 
rected to grant to the city of Waltham an easement fifteen 
feet in width through land owned by the commonwealth, be- 
ginning at a point on Trapelo road in said city and extend- 
ing through land of the metropolitan state hospital to a 
point of connection with the existing sewer. The location 
of said easement and the conditions under which it is granted 
shall be determined by the commissioner of mental health 
and the responsible officials of 'the city of Waltham acting 
jointly. 

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

Approved March 5, 1956. 



Chav.lVl An Act authorizing the modification of a plan of 

PROPOSED improvements TO THE WATER SYSTEM OF THE 
T!OW^ OF HARWICH. 

Re it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
twenty of chapter forty-four of the General Laws or of any 
other general law or of any special law to the contrary, the 
town of Harwich is hereby authorized to apply the proceeds 
of a certain bond issue voted by a meeting of the voters of 
the town of Harwich on June third, nineteen hundred and 
fifty-five under article one of the warrant for the purpose of 
extending the water mains in that town as shown on a plan 
recorded in the office of the selectmen and at the water 
department of said town, which plan was drawn by Whitman 
and Howard, engineers, eighty-nine Broad Street, Boston, 
Massachusetts, to the payment of any expenses and liabilities 
incurred in connection with an amended plan of proposed 
improvements to the water system of said town, as more 



Acts, 1956. — Chaps. 113, 114. 69 

recently shown on a plan drawn by Whitman and Howard, 
engineers, dated December 15, 1955, recorded in the office of 
the selectmen and at the office of the town clerk and at the 
water department of said town. 

Section 2. The amendment authorized to be made in 
the plan of proposed improvements to the water system of 
the town of Harwich and the application of the aforesaid 
borrowed moneys to expenses and liabilities incurred in con- 
nection therewith shall not impair the rights of the holders 
of any bonds or notes or other indebtedness of the town 
issued in connection with said extensions, or the rights of the 
holders thereof to procure the means for their payment. 

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

Approved March 5, 1956. 



C/zap. 113 



An Act authorizing the city of lynn to indemnify 
nathan lager for certain expenses incurred by him 
on account of injuries sustained by his minor daugh- 
ter in the school playground of the brickett school. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 
gation, the city of Lynn may appropriate and pay to Nathan 
Lager a sum of money not exceeding nine hundred and fifty 
dollars to indemnify him for expenses for medical care, in- 
cluding hospital expenses, incurred by him on account of 
injuries sustained on June seventh, nineteen hundred and 
fifty-five, by his minor daughter, Judith Rachel Lager, while 
lawfully in the school playground of the Brickett School. 

Section 2. No payment shall be made hereunder unless 
there has been filed with the city auditor of Lynn an agree- 
ment signed by said Nathan Lager that the amount, if any, 
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. 

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

Approved March 5, 1956. 



An Act authorizing the city of taunton to appropriate nhf.^ -\-\a 

MONEY FOR THE PAYMENT OF AND TO PAY CERTAIN UNPAID ^' 

BILLS. 

Be it enacted, etc., as follows: 

Section 1. The city of Taunton is hereby authorized to 
appropriate money for the payment of and, after such appro- 
priation, to pay certain unpaid bills incurred by said city and 
totaling five hundred and twenty-five dollars and twenty-four 
cents, as set forth in the list on file in the office of the director 
of accounts in the department of corporations and taxation 
for materials purchased and used by the city of Taunton, as 
are legally unenforceable against said city by virtue of the 



70 Acts, 1956. — Chaps. 115, 116. 

statute of limitations and as are certified for payment by the 
heads of the departments wherein the bills were contracted. 

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

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

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

Approved March 5, 1956. 



Chap. 115 An Act authorizing the city of quincy to reimburse 

ALICE MITCHELL FOR CERTAIN EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to 
the contrary, the city of Quincy is hereby authorized to pay 
to Alice Mitchell of Quincy the sum of eighty-seven dollars 
to reimburse her for expenses incurred in representing the 
Quincy school committee at a Tiational convention held in 
Atlantic City, New Jersey, in February, nineteen hundred 
and fifty-four. 

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

Approved March 6, 1956. 



Chaj), IIQ An Act authorizing the town of middleborough to 

PAY A SUM OF MONEY TO RHODOLPHUS P. ALGER. 

Be it enacted, etc., as follows: 

Section 1. The town of Middleborough is hereby au- 
thorized to appropriate the sum of five hundred dollars and 
to pay the same to Pthodolphus P. Alger for services ren- 
dered by him as acting town manager of said town during the 
months of October, November and December in the year 
nineteen hundred and fifty-five. 

Section 2. Any appropriation voted by said town at the 
annual town meeting for the year nineteen hundred and 
fifty-six for the purposes of this act shall be valid to the 
same extent as if it were voted on or after the effective date 
of this act. 

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

Approved March 5, 1956. 



Acts, 1956. — Chaps. 117, 118. 71 



An Act relative to the purposes, objects and powers QJiaj) 117 

OF the AMERICAN BOARD OF COMMISSIONERS FOR FOREIGN 

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

Section 1. The American Board of Commissioners for 
Foreign Missions, incorporated by chapter twenty-one of the 
Special Acts of eighteen hundred and twelve, in addition to 
the purposes, objects and powers it now has, shall have the 
purpose and object of propagating the gospel in all lands and 
among all people by diffusing a knowledge of the Holy 
Scriptures; by promoting the spiritual, physical, social and 
intellectual welfare of mankind; by supporting persons en- 
gaged in the fulfillment of this purpose ; and by taking over, 
estabUshing and conducting reUgious, medical, educational, 
cultural, scientific and social institutions, and ancillary works 
and activities of all kinds in accordance with the precepts 
of the Christian gospel, including health centers, demon- 
stration farms, training centers, crafts sales centers, indus- 
trial, marketing and publishing organizations and any other 
specific activities carried on to implement the above pur- 
poses, and said American Board of Commissioners for For- 
eign Missions shall have power to conduct and carry on its 
work either directly or through churches, missions, or other 
institutions or agencies, whether or not incorporated and 
whether now existing or hereafter established, and may ap- 
propriate funds or transfer real or personal property to such 
churches, institutions or agencies. 

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

Approved March 5, 1956. 

An Act authorizing the department of public works Qliav 118 
to sell and convey certain land of the common- 

wealth in the town of MANCHESTER. 

Be it enacted, etc., as follows: 

Section 1. The department of pubhc works, in the name 
and on behalf of the commonwealth, is hereby authorized, 
subject to the approval of the governor and council, to sell 
and convey to George A. Keighley of Manchester, for a sum 
to be determined by the department, all the right, title and 
interest of the commonwealth in and to a parcel of land in 
the town of Manchester, containing 0.85 acres of land, 
more or less, and being bounded as follows: — on the north 
and east adjoining land presently owned by George A. and 
AHce M. Keighley, running southerly to Pine street, thence 
running westerly 140 feet, more or less, along the 1953 
County Layout line, thence northwesterly about 400 feet. 
Said parcel comprises 0.85 acres more or less, and all meas- 
urements quoted above are more or less. 

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

Approved March 6, 1966. 



72 Acts, 1956, —Chaps. 119, 120, 121. 



Chap. 119 A.N Act relative to representative town meetings in 

THE TOWN OF DEDHAM. 

Be it enacted, etc., as follows: 

Section 1. Section 3 of chapter 358 of the acts of 1926 
is hereby amended by striking out the second paragraph and 
inserting in place thereof the following paragraph : — ■ 

The elected town meeting members as aforesaid shall be 
the judges of the election and qualification of such members. 
A majority of the town meeting members shall constitute a 
quorum for the transaction of business, but a less number 
may organize temporarily and may adjourn from time to 
time. Notice of every adjourned representative town meet- 
ing shall be posted by the town clerk in one or more public 
places in each precinct. All town meetings shall be public. 
The town meeting members as such shall receive no com- 
pensation. Subject to such conditions as may be determined 
from time to time by the representative town meeting mem- 
bers, any registered voter of the town who is not a town 
meeting member may speak at any representative town 
meeting, but shall not vote. An elected town meeting mem- 
ber may resign by filing a written resignation with the town 
clerk and such resignation shall take effect upon the date of 
such filing. Any town meeting member who removes from 
the town, or any elected town meeting member who removes 
from one precinct to another or is so removed by a revision 
of precincts, shall thereupon cease to be a town meeting 
member. 

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

Approved March 6, 1956. 

Chap. 120 An Act authorizing the woman's American baptist 
foreign mission society to hold additional real and 
personal estate. 

Be it enacted, etc., as follows: 

Section 1. The Woman's American Baptist Foreign 
Mission Society, a corporation organized under the General 
Laws of the commonwealth may, for the purposes set forth 
in its charter and articles of organization, receive and hold, 
absolutely and in trust, real and personal property to an 
amount not exceeding twelve million dollars. 

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

Approved March 5, 1956. 

Chap. 121 An Act authorizing the department of public works 

TO TAKE BY EMINENT DOMAIN CERTAIN PROPERTY IN 
HANOVER OWNED BY THE SOCIETY FOR THE PRESERVA- 
TION OF NEW ENGLAND ANTIQUITIES, 

Be it enacted, etc., as follows: 

Section 1. The department of public works is hereby 
granted^leave, as required by section five A of chapter 



Acts, 1956. — Chaps. 122, 123, 124. 73 

seventy-nine of the General Laws to take by eminent domain, 
for highway purposes, from The Society for the Preservation 
of New England Antiquities, the land on Hanover street in 
the town of Hanover shown as Parcel No. 42 on a plan 
entitled "The Commonwealth of Massachusetts Plan of 
Road in the Town of Hanover Plymouth County altered and 
laid out as a State Highway by the Department of Public 
Works, August 2, 1955 Scale: 40 feet to the inch H. G. Gray 
Chief Engineer Layout No. 4333", and recorded in the 
registry of deeds for the county of Plymouth, Book 2440, 
Page 14, and also a temporary easement until December 31, 
1956, over a strip of land adjoining said Parcel No. 42, vary- 
ing in width up to a maximum of about 15 feet, for the con- 
struction of a supporting slope. 

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

Approved March 5, 1956. 

An Act relating to standards of certification of QJkxt) 122 
public school teachers. 

Be it enacted, etc., as folloivs: 

The first paragraph of section 38G of chapter 71 of the g. l. (Ter. 
General Laws, as most recently amended by chapter 264 of f sscl^etc., 
the acts of 1953, is hereby further amended by inserting after amended. 
the word "degree", in line 7, the words: — or an earned 
higher academic degree. Approved March 5, 1956. 

An Act authorizing tremont temple baptist church to nhf,^ i oq 

HOLD additional REAL AND PERSONAL ESTATE. ^' 

Be it enacted, etc., as follows: 

Tremont Temple Baptist Church, located in the city of 
Boston, incorporated by charter duly made and issued on 
June twenty-ninth, eighteen hundred and ninety-one, is 
hereby authorized to take, hold and manage real and per- 
sonal 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; and said 
church is further authorized to have annual income not to 
exceed five million dollars in value from the gifts, grants, 
bequests and devises made to it or for its use. 

Approved March 5, 1956. 

An Act relative to the annual income of funds of the phrj^ 1 04 

TRUSTEES OF THE MINISTERIAL FUND OF THE CONGREGA- 
TIONAL parish and SOCIETY IN CANTON. 

Be it enacted, etc., as follows: 

Section 3 of chapter 141 of the acts of 1825 is hereby 
amended by striking out, in line 16, the words "fifteen hun- 
dred" and inserting in place thereof the words: — five 
thousand. Approved March 5, 1966. 



74 Acts, 1956. — Chaps. 125, 126, 127. 



Chap.125 An Act authorizing the town of medfield to gijant 

CIVIL SERVICE status TO H, ARNOLD RIPLEY, A PATROL- 
MAN IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. H. Arnold Ripley shall, on J the] request of 
the appointing authority of the town of Medfield, be given 
civil service status as a permanent patrolman in the town of 
Medfield; provided, however, that he passes a qualifying 
examination to which he shall be subjected by the division 
of civil service; and provided, further, that members of the 
intermittent force of the town of Medfield and persons on 
the estabhshed eligible Ust for pohce entrance for the town 
of Medfield as the result of the examination held on October 
first, nineteen hundred and fifty-five, refuse, upon certifica- 
tion by the division of civil service, to accept such position. 

Section 2. This act shall be submitted to the voters of 
the town of Medfield at a town meeting or at the biennial 
state election 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 meeting or election: — "Shall an 
act passed by the general court in the year nineteen hun- 
dred and fifty-six, entitled 'An act authorizing the town of 
Medfield to grant civil service status to H. Arnold Ripley, 
a patrolman in the town of Medfield', be accepted?" If a 
majority of the votes in answer to said question is in the 
afiirmative, then this act shall thereupon take full effect, 
but not otherwise. Approved March 5, 1966. 



C/iap. 126 An Act authorizing credit unions to elect honorary 

presidents. 

Be it enacted, etc., as follows: 

G. L. (Ter. Sectiou 16 of chapter 171 of the General Laws, as amended 

f le'etl!' by section 1 of chapter 286 of the acts of 1949, is hereby 
amended! further amended by adding at the end the following two sen- 
Credit xinions teuccs : — It may also elect an honorary president, who shall 
aV presWenTs" ^^ ^ member of said credit union. Said honorary president 
shall not be compensated in any way by the credit union. 

Approved March 6, 1956. 



Chap. 121 An Act relative to the purchase of forest fire fight- 
ing APPARATUS BY THE COUNTY OF BARNSTABLE FOR USE 
BY THE TOWNS WITHIN ITS LIMITS. 

Be it enacted, etc., as follows: 

Section 1 of chapter 349 of the acts of 1939, as most re- 
cently amended by chapter 49 of the acts of 1947, is hereby 
further amended by inserting after the word "fires", in 
line 7, the words: — ; provided, that for the year nineteen 



Acts, 1956. — Chaps. 128, 129, 130, 131. 75 

hundred and fifty-six a sum not exceeding twenty-five 
thousand dollars may be expended as so appropriated. 

Approved March 5, 1956. 

An Act to eliminate the posting of annual notice of ph^^ loo 

REQUIREMENT TO FILE INCOME TAX RETURNS. U /?. O 

Be it enacted, etc., as follows: 

Section 27 of chapter 62 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby repealed. ^pi^ied ^ ^^' 



Approved March 6, 1956. 



An Act relative to certain annual reports of the 
state tax commission. 



Chap. 12^ 



Be it enacted, etc., as follows: 

Paragraph (1) of section 29 of chapter 58 of the General S^^iJ^'log 
Laws, as appearing in the Tercentenary Edition, is hereby amended. ' 
amended by striking out, in fine 1, the word "his" and in- 
serting in place thereof the word : — its, — and by striking 
out, in Tine 5, the word "he" and inserting in place thereof 
the word: — it. Approved March 5, 1956. 



An Act exempting certain disabled persons from Qhav 130 

CERTAIN motor VEHICLE PARKING FEES AND PENALTIES. 

Be it enacted, etc., as follows: 

The fifth sentence of the seventh paragraph of section 2 of o. l. (Ter. 
chapter 90 of the General Laws, as appearing in section 3 of ^j'l'2 etc 
chapter 458 of the acts of 1955, is hereby further amended amended, 
by inserting after the word "feet", in fine 3, the words: — 
or of both hands. Approved March 6, 1966. 



An Act authorizing the town of sharon to pay a sum C/ia». 131 

OF money to ALFRED V. HEALY, ALSO KNOWN AS ARTHUR 
V. HEALY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obliga- 
tion, the town of Sharon may appropriate and pay a sum of 
money, not in excess of seven hundred and fifty dollars, to 
Alfred V. Healy, also known as Arthur V. Healy, as damages 
for the taking by eminent domain by said town, through an 
order of taking dated April sixteenth, nineteen hundred 
and forty-six of a parcel of land then owned by the said 
Alfred V. Healy in said town. 

Section 2. This act shall take effect upon its acceptance 
by a majority of the voters of the town of Sharon voting 
thereon at the annual town meeting in nineteen hundred and 
fifty-six. Approved March 6, 1956. 



76 



Acts, 1956. — Chaps. 132, 133. 



G. L. (Ter. 
Ed.), 71, § 41, 
etc., amended. 



Employment 
of certain 
school teachers, 
regulated. 



Chap. 132 An Act relative to the employment of district school 

SUPERINTENDENTS. 

Be it enacted, etc., as follows: 

Section 1. Section 41 of chapter 71 of the General Laws, 
as most recently amended by chapter 372 of the acts of 
1953, is hereby further amended by striking out, in line 4, 
the words "or district", — ■ so as to read as follows: — 
Section 41. Every school committee, in electing a teacher 
or superintendent, who has served in its pubhc schools for 
the three previous consecutive school years, other than a 
union superintendent and the superintendent of schools in 
the city of Boston, shall employ him to serve at its discretion; 
but any school committee may elect a teacher who has served 
in its schools for not less than one school year to serve at such 
discretion. A teacher or superintendent not serving at dis- 
cretion shall be notified in writing on or before April fifteenth 
whenever such person is not to be employed for the following 
school year. Unless said notice is given as herein provided, 
a teacher or superintendent not serving at discretion shall 
be deemed to be appointed for the following school year. 

Section 2. The first sentence of section 42 of said chap- 
ter 71, as amended by section 2 of chapter 597 of the acts of 
1947, is hereby further amended by striking out, in fine 3, 
the words "or district", — so as to read as follows: — The 
school committee may dismiss any teacher, but no teacher 
and no superintendent, other than a union superintendent 
and the superintendent of schools in the city of Boston, shall 
be dismissed unless by a two thirds vote of the whole com- 
mittee. Approved March 5, 1966. 



G. L. (Ter. 
Ed.), 71, §42, 
etc., amended. 



Discharge of 
public school 
teachers and 
superintend- 
ents. 



C/iap.133 An Act authorizing the transfer of the property 

AND FUNDS OF HALL CEMETERY ASSOCIATION, INC., TO 
THE CITY OF QUINCY. 

Be it enacted, etc., as follows: 

Section 1. Hall Cemetery Association, Inc., a corpora- 
tion existing as of July sixth, eighteen hundred and forty-one, 
hereinafter called the corporation, located in the city of 
Quincy, having complied with the provisions of section 
two A of chapter one hundred and fifty-five of the General 
Laws, may, by deed duly executed, convey and transfer to 
said city, and said city 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 corporation not subject to any trust, and thereupon, 
and upon the transfer of the trust funds as hereinafter pro- 
vided, the corporation shall be dissolved; and the cemetery 
of the corporation shall be and become a public burial place, 
ground or cemetery. 



Acts, 1956. — Chap. 134. 77 

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 city 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 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 authorit}^ of section thirty-seven or section thirty-eight 
of chapter one hundred and sixty-eight of the General Laws, 
or vnth. 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 city, 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 city from the corporation under 
authority of this act, shall be had and managed by said city 
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 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 city, 
and said clerk may certify copies thereof. 

Section 4. The city of Quincy is hereby authorized to 
set apart a portion of the said cemetery known as the Fur- 
nace Site not presently used for burial purposes and to 
develop and maintain said site as an historical memorial. 

Section 5. This act shall take full effect upon its ac- 
ceptance by a majority vote of the council of said city of 
Quincy. Approved March 5, 1956. 



An Act relative to holding sessions for registration Q^kxt) 134 
OF voters prior to a special election. * 

Be it enacted, etc., as follows: 

Section 29 of chapter 51 of the General Laws, as most o. l. (Ter. 
recently amended by section 4 of chapter 34 of the acts of ^tt! 'amended. 
1947, is hereby further amended by inserting after the word 
"election", in line 4, the words: — , notwithstanding any sessions before 
contrary provision in any general or special law. eie^tion.^ 

Approved March 5, 1956. 



78 Acts, 1956. — Chaps. 135, 136, 137. 



Chap.lSd A-N Act relative to the time of filing of objections 

TO nomination papers. 

Be it enacted, etc., as follows: 

G. L. (Ter. Sectioii 1 1 of chapter 53 of the General Laws, as most 

^tli'am^ndld'. recently amended by section 6 of chapter 334 of the acts of 
1943, is hereby further amended by striking out the second 
sentence and inserting in place thereof the following sentence : 
Time of filing — Such objections shall be filed as to state offices with the 
nominTtVo^n ^ *° statc Secretary, and as to city or town offices with the 
regSed. ^ity or town clerk, and in the case of state offices within 
the seventy-two week day hours, in the case of city offices, 
except where city charters provide otherwise, within the 
forty-eight week day hours, and in the case of town ofl&ces 
within the twenty-four week day hours, succeeding five 
o'clock in the afternoon of the last day fixed for fifing nomi- 
nation papers. Approved March 6, 1956. 



C/ia».136 ^N Act providing for the tenure of certain teachers 

WHOSE positions HAVE BEEN SUPERSEDED BY THE ES- 
TABLISHMENT AND OPERATION OF A REGIONAL SCHOOL 
DISTRICT. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. Scction 42B of chapter 71 of the General 

f 42B!lto., Laws, inserted by chapter 545 of the acts of 1952, is hereby 
amended. amended by adding at the end the following sentence: — 
Tenure of car- The agreement for the establishment of a regional school 
^'regionar^ district may provide that every teacher referred to in the 
school districts. gj.g|^ sentence of this section shall be elected by the regional 
district school committee to serve at its discretion. 

Section 2. Any agreement heretofore adopted for the 
estabfishment of a regional school district and containing, 
either as originally adopted or as subsequently amended, 
any provision requiring that any teacher referred to in 
section forty-two B of chapter seventy-one of the General 
Laws, as amended by section one of this act, be elected by 
the regional district school committee to serve at its dis- 
cretion is hereby confirmed and made vafid to the same 
extent as if the provisions of said section forty-two B, as so 
amended, were in full force and effect at the time of such 
agreement or amendment thereto. 

Approved March 5, 1956. 



Chap. 137 An Act relative to the investments of domestic 

INSURANCE COMPANIES IN LOANS UPON MORTGAGES. 

Be it enacted, etc., as follows: 

Ed.^.iTsT' Section 63 of chapter 175 of the General Laws is hereby 

5 63,' etc.,' amended by striking out paragraph 7A, inserted by chapter 



Acts, 1956. — Chaps. 138, 139. 79 

207 of the acts of 1950, and inserting in place thereof the 
following paragraph: — 

7A. In loans of the same classes as those described in investment 
paragraph seven and subject to the limitations therein ex- "lo^eTtlc' °^ 
pressed located in any province of the Dominion of Canada; insurance 
pro\'ided, however, that nothing in this paragraph shall ^°^^^^^^^- 
authorize such loans in the Dominion of Canada in amounts 
in excess of premiums received on insurance issued by the 
company on Canadian Uves and amounts received by the 
company from Canadian investments authorized by this 
chapter; and provided, further, that no company shall invest 
in the aggregate an amount in excess of three per cent of its 
reserve liability in loans authorized by this provision. 

Approved March 5, 1956. 



An Act increasing the amount of certain death bene- ChaV'^'^^ 

FITS AUTHORIZED TO BE PAID BY THE GRAND LODGE OF 
MASSACHUSETTS OF THE INDEPENDENT ORDER SONS OF 
ITALY. 

Be it enacted, etc., as follows: 

Section 1 of chapter 129 of the acts of 1938 is hereby 
amended by striking out, in line 9, the words "five hundred" 
and inserting in place thereof the words : — one thousand, — 
so as to read as follows : — Section 1 . The Grand Lodge of 
Massachusetts of The Independent Order Sons of Italy, as 
now or hereafter constituted and established under the 
charter, constitution and by-laws of the Supreme Lodge of 
The Independent Order Sons of Italy, a corporation estab- 
lished under the laws of the state of New York, is hereby 
authorized to transact business in the commonwealth and to 
pay a death benefit to families or dependents of deceased 
members as fixed by its by-laws, but not exceeding one 
thousand dollars as to any one member. 

Approved March 5, 1956. 



An Act eliminating the requirement that the depart- (7/iar).139 

MENT OF public HEALTH HOLD A PUBLIC HEARING PRIOR 
TO APPROVAL OF PLANS FOR THE CONSTRUCTION OF A 
SEWERAGE SYSTEM IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of any special law to the 
contrary, the department of public health may approve, 
disapprove or advise relative to plans for the construction 
of common sewers, combined sewers, intercepting sewers, 
relief sewers, storm sewers, sewer outfalls and works for the 
treatment or disposal of sewage and industrial wastes without 
holding a pubUc hearing. Approved March 5, 1956. 



80 Acts, 1956. — Chaps. 140, 141, 142. 



Chap. 140 An Act authorizing harvard-yenching institute to 

HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1 of chapter 243 of the acts of 1928 is hereby- 
amended by striking out, in line 5, the word "ten" and in- 
serting in place thereof the word : — twenty-five. 

Approved March 5, 1956. 



Chap.l4:l An Act relative to membership in the danvers police 

RELIEF ASSOCIATION INC. 

Belitlenacted, etc., as follows: 

Whenever a member of the Danvers Police Relief Asso- 
ciation Inc. ceases to be a member of the Danvers poHce 
department, he shall cease to be a member of said association 
and shall no longer be entitled to any benefits therefrom; 
provided, however, that any member of said association who 
ceases to be a member of the Danvers police department by 
reason of being pensioned from said department shall, 
within thirty days of such retirement, be paid from the funds 
of said association a sum of money equal to the death benefit. 

Approved March 5, 1956. 



Chap. 14:2 An Act relative to the display of red lights upon 
vehicles owned and operated by chiefs and deputy 
chiefs of auxiliary fire departments. 

Be it enacted, etc., as follows: 

Ed^.'gor' The first sentence of section 7E of chapter 90 of the 

§7e', etc.. General Laws, as amended by chapter 306 of the acts of 
amended. ^^^^^ .^ hereby further amended by inserting after the 
word "warden", the second time it appears in line 3, the 
words: — , a chief or deputy chief of any auxiUary fire de- 
partment, — ^ so as to read as follows: — The provisions of 
Display of sectiou seveu notwithstanding, a vehicle owned and op- 
vehicfe"us°ed erated by a fireward, forest warden, deputy forest warden, 
&e*fig£s. a chief or deputy chief of any auxiliary fire department, 
permitted. ' member of a fire department of any town, but not a city, or 
call member of a fire department may have mounted thereon 
a red light which may be displayed in the direction toward 
which the vehicle is proceeding or facing only when such 
owner and operator is proceeding to a fire or in response to 
an alarm and when the official duty of such owner and 
operator requires him to proceed to said fire or to respond to 
said alarm, and at no other time. 

Approved March 5, 1956. 



Acts, 1956. — Chaps. 143, 144. 81 



An Act increasing the membership of the board of Qhav.l^S 

ALDERMEN OF THE CITY OF CHICOPEE AND PROVIDING 
FOR THEIR ELECTION. 

Be it enacted, etc., as follows: 

Section 1. Chapter 315 of the acts of 1948 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following section : — Section 1 . The board of 
aldermen of the city of Chicopee shall consist of thirteen 
members, of whom one shall be elected from each ward by 
the qualified voters of such ward and four shall be elected at 
large by the qualified voters of the entire city. 

Section 2. This act shall be submitted for acceptance to 
the voters of the city of Chicopee at the next municipal elec- 
tion in the form of the following question which shall be 
placed upon the official ballot to be used in said city at 
said election: — "Shall an act passed by the general court 
in the year nineteen hundred and fifty-six, entitled 'An Act 
increasing the membership of the board of aldermen of the 
city of Chicopee and providing for their election', be ac- 
cepted?" If a majority of the votes in answer to said 
question is in the affirmative this act shall take full effect, 
but not otherwise. Approved March 5, 1956. 



An Act relative to deduction from wages or salaries C'/ia».144 

OF EMPLOYEES OF MUNICIPALITIES OR DISTRICTS FOR 
CERTAIN PAYMENTS TO CREDIT UNIONS. 

Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by o. l. (Ter. 
striking out section 178B, as inserted by section 1 of chap- fiTSBfetc, 
ter 189 of the acts of 1947, and inserting in place thereof amended. 
the following section: — Section 17 8B. The treasurer of Deductions 
any city or town having a by-law or ordinance so requiring ga'i^i^s'^or '^^ 
shall, and unless contrary to a by-law or ordinance the treas- district or 
urer of any other city or town or of any district may, deduct ^pioy^es 
from the salary of any employee of such city, town or dis- c"A^°n p^y-°'^ 
trict such amount or amounts as such employee in a written ments to 

,,.,., 1, "^ .f " ~ ^ • credit unions. 

authorization to such treasurer may specify tor purchasing 
shares of, or making deposits in, or repaying any loan from, 
any credit union operated by» employees of such city, town 
or district. Any such authorization may be withdrawn by 
the employee by filing a written notice of such withdrawal 
with such treasurer and a copy thereof with the treasurer of 
such credit union. Any treasurer of a city, town or district 
making deductions under this section shall transmit the 
amounts so deducted to the treasurer of such credit union 
for the purpose specified by the employee; provided, that 
the treasurer of the city, town or district is satisfied by such 
evidence as he may require that the treasurer of the credit 
union has given bond as required by law for the faithful per- 



82 Acts, 1956. — Chaps. 145, 146. 

formance of his duties. Moneys so deducted shall not be 
attached or taken upon execution or other process while in 
the custody of the treasurer of the city, town or district. 

Approved March 6, 1956. 

C/iap. 145 An Act providing for the establishment in towns of 

THE OFFICE OF EXECUTIVE SECRETARY OF THE SELECTMEN. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter 41 of the General Laws is hereby amended by 

f 23Vadded inserting after section 23 the following section : — Section 
Establishment S3 A. A towu may by vote or by-law authorize and em- 
the ofike*'if power the selectmen to appoint an executive secretary who 
executive may bc appointed by them for a term of one or three years 
tteslieTtmen. and to rcmovc him at their discretion. An executive secre- 
tary appointed under the provisions of this section shall 
be sworn to the faithful performance of his duties. During 
the time that he holds office he shall hold no elective town 
office, but he may be appointed by the selectmen or, with 
their approval, by any other town officer, board, committee 
or commission, to any other town office or position consistent 
with his office. He shall receive such aggregate compensation, 
not exceeding the amount appropriated therefor, as the 
selectmen may determine. He shall act by and for the 
selectmen in any matter which they may assign to him 
relating to the administration of the affairs of the town or of 
any town office or department under their supervision and 
control, or, with the approval of the selectmen, may per- 
form such other duties as may be requested of him by any 
other town officer, board, committee or commission. 

Approved March 5, 1966. 

Chap.l4:6 An Act providing for the installation and refinish- 

ING OF CERTAIN EQUIPMENT IN THE COURT HOUSE BUILD- 
ING IN THE TOWN OF BARNSTABLE. 

Be it enacted, etc., as follows: 

Section 1 of chapter 472 of the acts of 1952 is hereby 
amended by adding after the word "town", in line 8, the 
words : — and the purchase and installation of the necessary 
new equipment and the refinishing of old equipment in said 
remodeling, — so as to read as follows: — Section 1. The 
county commissioners of the county of Barnstable are hereby 
authorized to expend a sum not exceeding six hundred and 
thirty thousand dollars for the construction and the original 
furnishing and equipping of a new building in the town of 
Barnstable for the purpose of providing adequate accom- 
modations and facilities for the probate court and registry 
of deeds, and for the remodeling of the existing court house 
building in said town and the purchase and installation of 
the necessary new equipment and the refinishing of old 
equipment in said remodeling. Approved March 6, 1966. 



Acts, 1956. — Chaps. 147, 148. 83 



An Act relative to the membership of the board of (Jhdr) 147 

DIRECTORS OF A NON-PROFIT HOSPITAL SERVICE COR- 
PORATION. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 176A of the General gj^.cxer. 
Laws, as appearing in section 1 of chapter 766 of the acts of § 2, etc., ' 
1950, is hereby amended by striking out the second para- "™'='^'^®^- 
graph and inserting in place thereof the following para- 
graph : — 

The board of directors of each such corporation shall Board of 
consist of thirty-one members, six of whom shall be execu- membership, 
tive officers or trustees of hospitals referred to in section *^™' ®**'- 
one, three of whom shall be officers or agents of contributing 
employers who are not identified with a hospital as officer, 
directors or employees, and three of whom shall be repre- 
sentatives of labor. The said directors shall be elected for 
terms of three years. 

Section 2. Notwithstanding the provisions of section 
two of chapter one hundred and seventy-six A of the General 
Laws, as amended by section one of this act, at the first 
annual meeting of a non-profit hospital service corporation 
following the effective date of this act, eleven of the mem- 
bers of the board of directors shall be elected for a one-year 
term, ten of the members for a two-year term, and ten of the 
members for a three-year term, and thereafter at each annual 
meeting each member shall be elected for a three-year term. 

Approved March 5, 1966. 



An Act further regulating the powers of the massa- (JJid'ty 1 43 

CHUSETTS BAPTIST CONVENTION. ^' 

Be it enacted, etc., as follows: 

The Massachusetts Baptist Convention, a corporation 
established under the laws of the commonwealth, is hereby 
authorized to take and hold in trust for any of the purposes 
set forth in its charter any real or personal property, in a 
total amount of not exceeding five million dollars, which 
may be or may have been given, bequeathed or otherwise 
conveyed or transferred to it upon such trusts. Said cor- 
poration shall be eligible to appointment as trustee under 
any written instrument whereby any trust for any of the 
purposes set forth in its charter is created or estabfished, 
and in connection therewith shall continue to have and 
enjoy all the privileges and exemptions set forth in chapter 
seventy of the Special Acts of nineteen hundred and eighteen. 

Approved March 5, 1956. 



84 



Acts, 1956. — Chaps. 149, 150. 



G. L. (Ter. 
Ed.), 32B. 
new § 14, 
added. 

Contributory 

group 

insurance 

for certain 

employees of 

housing 

authorities. 



Chap. 14:9 An Act making certain employees of housing authori- 
ties IN cities and towns eligible for contributory 

GROUP general or BLANKET INSURANCE. 

Be it enacted, etc., as follows: 

Section. 1. Chapter 32B of the General Laws, inserted 
by chapter 760 of the acts of 1955, is hereby amended by 
adding at the end the following section: — Section I4. Upon 
acceptance of the provisions of this chapter by vote of a 
local housing authority, housing authority employees shall 
be eligible in all respects to the benefits of this chapter in 
the same manner as the employees of the city or town or 
county where the housing authority exists, and shall be 
considered eligible for coverage in the city or town or county 
group for the purpose of securing such coverage, and the 
housing authority is hereby authorized to pay out of the 
funds of the housing authority that portion of the premiums 
required to be contributed by the governmental unit under 
the provisions of this chapter. 

As provided in paragraph (a) of section seven there shall be 
withheld from each payment of salary, wages or other com- 
pensation of each housing employee covered under this 
chapter fifty per cent of the premium for the insurance 
of the employee and his dependents, and the housing au- 
thority shall contribute the remaining fifty per cent of such 
premium. 

Section 2. Section 2 of said chapter 32B, as so inserted, 
is hereby amended by striking out paragraph (g) and insert- 
ing in place thereof the following paragraph : — 

(g) "Political subdivision", any county, city, town, dis- 
trict or housing authority. Approved March 5, 1966. 



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

"Political 
subdivision ' 
defined. 



Chap.150 An Act relative to the apportionment of costs of the 

SEWERAGE SYSTEM IN THE TOWN OF MAYNARD. 

Be it enacted, etc., as follows: 

Section 1. Section 6 of chapter 340 of the Special Acts 
of 1916 is hereby amended by striking out the first sentence 
and inserting in place thereof the following sentence : — 
Except as herein otherwise provided, the town shall by vote 
determine what proportion of the cost of said system or 
systems of sewerage and sewage disposal the town shall pay; 
provided, that it shall pay not less than one quarter nor 
more than one half of the whole cost, except that it shall 
make no payment whatever where a developer of land lays 
out and develops a subdivision of such land with new streets 
and ways, in which case the developer shall pay the entire 
cost. 

Section 2. This act shall not apply to a system or 
systems of sewerage and sewage disposal laid out in streets 
or ways, public or private, in existence on the effective date 
of this act. 



Acts, 1956. — Chaps. 151, 152, 153. 85 

Section 3. This act shall take full effect upon its ac- 
ceptance by a majority vote of the voters of the town of 
Maynard at the annual town meeting or a meeting called 
for the purpose during the current year, but not otherwise. 

Approved March 5, 1956. 



An Act designating the bridge over the housatonic (7/iai).151 

RIVER in the town OF LEE, CONNECTING ROUTE 102 AND 
MEADOW STREET, THE FRANKLIN STURGIS, JR. MEMORIAL 
BRIDGE. 

Be it enacted, etc., as follows: 

The bridge in the town of Lee, in the area known as 
South Lee, connecting Meadow street and Route 102, over 
the Housatonic river, is hereby designated as the Franklin 
Sturgis, Jr. Memorial Bridge. The department of public 
works is hereby authorized and directed to place thereon in 
a conspicuous place a tablet bearing said designation. 

Approved March 5, 1956. 



An Act relative to the proper observance of special Qfiav 152 

OCCASIONS IN cities AND TOWNS. 

Be it enacted, etc., as follows: 

Section 5 of chapter 40 of the General Laws is hereby g. l. (Ter. 
amended by inserting after clause (46) the following clause: — ^tci! 'amended. 

(46A) For the proper observance of United Nations Day, certain appro- 
Veterans Day or any other day that the governor may by cft^^^^nd^^ 
proclamation from time to time designate as a day of mu- towns! 
nicipal observance, to an amount not exceeding five hundred ^"'^°"^^**- 
dollars annually. Approved March 5, 1956. 



An Act authorizing the city of Cambridge to indemnify Qhn^ 1 53 

the estate of JOHN SENESI. ^' 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral 
obligation, the city of Cambridge may appropriate, and, 
with the approval of the city manager, pay the estate of 
John Senesi who died July eleventh, nineteen hundred 
and fifty-four, as a result of injuries sustained by him from 
bursting of fire hoses of the city of Cambridge fire depart- 
ment, a sum not exceeding one thousand dollars. 

Section 2. No payment shall be made hereunder unless 
there has been filed with the city auditor of Cambridge an 
agreement signed by the executor or administrator of the 
estate of said John Senesi that the amount, if any, to be 
paid for legal services in connection with the passage of this 
act shall not exceed ten per cent of the amount paid or 
payable hereunder and a further agreement that the pay- 



86 Acts, 1956. — Chaps. 154. 155. 

ment and receipt of any sum authorized under this act shall 
be in full of any and all claims against any officer or employee 
of said city of Cambridge. Approved March 5, 1956. 



Chav.154: An Act authorizing the initial establishment of the 

ANNUAL SALARIES OF THE MAYOR AND COUNCILLORS OF 
THE CITY OF QUINCY UNDER THE PLAN A CHARTER. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any general 
or special law to the contrary, the city council of the city of 
Quincy, elected under the Plan A charter which goes into 
effect on January sixth, nineteen hundred and fifty-eight, 
shall by ordinance establish the initial salaries for the 
mayor and city councillors not in excess of ten thousand 
dollars per annum for the mayor and fifteen hundred dollars 
per annum for each councillor. Said salaries shall be effective 
as of January sixth, nineteen hundred and fifty-eight. 

Section 2. This act shall be submitted to the voters 
of the city of Quincy at the biennial state election in the 
current year in the form of the following question, which 
shall be placed upon the official ballot to be used in said 
city at said election: — "Shall an act passed by the general 
court in the year nineteen hundred and fifty-six, authorizing 
the estabhshment of initial annual salaries for the mayor of 
the city of Quincy not in excess of ten thousand dollars per 
annum and of each councillor of said city not in excess of 
fifteen hundred dollars per annum under the Plan A charter, 
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 5, 1956, 



Chap. 155 An Act increasing the amount of wages and of pen- 
sions exempt from attachment. 

Be it enacted, etc., a^ follows: 

G^L.(Ter. Section 28 of chapter 246 of the General Laws, as most 

§ 28,' etc.,' recently amended by chapter 78 of the acts of 1951, is hereby 
amended. further amended by striking out the first two sentences and 



inserting in place thereof the following two sentences : — If 

Amount of wages f or personal labor or personal services of a defendant 

pe^Mion^ are attached for a debt or claim, an amount not exceeding 

attMhme'X forty doUars out of the wages then due to the defendant for 

increased. labor performed or services rendered during each week for 

which such wages were earned but not paid shall be reserved 

in the hands of the trustee and shall be exempt from such 

attachment. If a pension payable to a defendant, which is 

not otherwise exempt by law from attachment, is attached 

for a debt or claim, an amount not exceeding forty dollars for 

each week which has elapsed since the last preceding pay- 



Acts, 1956. — Chaps. 156, 157. 87 

ment under such pension was payable to said defendant 
shall be reserved in the hands of the trustee from the amount 
then payable to said defendant but not paid and shall be 
exempt from attachment. Approved March 6, 1956. 



An Act transferring to the district courts jurisdic- ph^j. i k« 

TION TO enforce THE LIABILITY OF CERTAIN KINDRED ' ' 

FOR THE SUPPORT OF POOR PERSONS. 

Be it enacted, etc., as follows: 

Chapter 117 of the General Laws is hereby amended by g. l. (Xer. 
striking out section 7, as amended by section 1 of chapter fto'^'amlAded 
485 of the acts of 1950, and inserting in place thereof the 
following section: — Section 7. A justice of a district court District courts 
in the judicial district in which the person given such relief li^bUitTof 
or support resides, or in the judicial district in which any certain 
one of such kindred to be charged resides, upon complaint sippon oi 
of any town or kindred put to expense for the relief or sup- p"""" persons. 
port of such person, may on due hearing assess and appor- 
tion upon such of the kindred as the court finds to be of 
sufficient abiUty and in proportion thereto such amount as 
the court considers reasonable for or towards the support 
of the person to the time of such assessment, and may en- 
force payment thereof by execution in common form; but 
such assessment shall not extend to any expense for relief 
afforded more than two years previous to the fihng of the 
complaint. Approved March 6, 1956. 



An Act to authorize annual licenses for motion pic- nhnrt 157 

TURE entertainments ON THE LORD's DAY. ^' 

Be it enacted, etc., as follows: 

Section 4 of chapter 136 of the General Laws, as amended, g. l. (Ter. 
is hereby further amended by inserting after the word "for", ^ta! 'amended. 
in Une 13, as appearing in chapter 303 of the acts of 1954, 
the words : — the exhibition of motion pictures, — so as to 
read as follows : — Section 4- Except as provided in section Annual 
one hundred and five of chapter one hundred and forty-nine, mot'io'if picture 
the mayor of a city or the selectmen of a towTi may, upon o°*t^g^'^^j°g*^ 
written application describing the proposed entertainment, day. 
grant, upon such terms or conditions as they may prescribe, 
a license to hold on the Lord's day a pubUc entertainment, 
including musical entertainment provided by mechanical or 
electrical means, in keeping uith the character of the day 
and not inconsistent with its due observance, whether or 
not admission is to be obtained upon payment of money or 
other valuable consideration, and, if the proposed enter- 
tainment described in the appfication is solely for the exhi- 
bition of motion pictures, the use of television, the use of 
radio, or musical entertainment provided by mechanical or 
electrical means, the mayor or selectmen may grant an 



88 Acts, 1956. — Chap. 158. 

annual license therefor; provided, that no such license shall 
be granted to have effect before one o'clock in the afternoon, 
nor shall it have effect unless the proposed entertainment 
shall have been approved in writing by the commissioner of 
public safety as being in keeping with the character of the 
day and not inconsistent with its due observance. The ap- 
plication for the approval of the proposed entertainment by 
the commissioner shall be accompanied by a fee of two dol- 
lars, or, in the case of an application for the approval of an 
annual Ucense, as herein provided, by a fee of fifty dollars. 
Any such license may, after notice and a hearing given by 
the mayor or selectmen issuing the same, or by said com- 
missioner, be suspended, revoked or annulled by the officer 
or board giving the hearing. The foregoing provisions, in- 
sofar as they authorize any person to refuse to grant, or to 
suspend, revoke or annul a license upon the ground that the 
proposed entertainment 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 
entertainment by said commissioner, shall not apply to any 
person making an apphcation for a license to exhibit motion 
pictures or for the use of radio or television on said day, 
nor to any license issued upon such application. 

Approved March 6, 1956. 



Chap. 158 An Act relating to contracts of conditional sale. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter 255 of the General Laws is hereby amended by 

fuletc.'. striking out section 12, as most recently amended by sec- 
amended.' ^ion 1 of chapter 410 of the acts of 1943, and inserting in 
place thereof the following section: — Section 12. Each 
Conditional couditioual Sale which includes one or more articles of per- 
contracts soual property shall be embodied in a single written contract, 

which contract shall contain the entire agreement between 
the parties. Said contract shall specifically set forth, cap- 
tioned in print of not less than eight-point type in case a 
printed form is used, the following: — a description of the 
property to be sold to the vendee; the cash price thereof; 
the down payment; a description of property to be traded 
in, if any, and the trade-in allowance therefor; other credit 
allowances, if any; the difference between the cash price 
and the aggregate of down payment and allowances, if any; 
a description of each policy of insurance for which a charge 
is made by the vendor; the total amount of finance charges; 
the insurance premiums, if any; the "total time price"; the 
net balance due from the vendee; the number and amount 
of weekly, monthly or other instalment payments; a state- 
ment of delinquency charges, if any; a statement of pre- 
payment allowances, if any; and, if any promissory note 
is to be executed in the transaction, a statement that a prom- 
issory note or notes, as the case may be, are being executed 



Acts, 1956. — Chaps. 159, 160. 89 

in connection with the contract. Where any insurance 
premium is part of the total time price, the vendor or his 
assignee shall, within twenty days after execution of the 
contract, send or cause to be sent to the vendee a policy or 
policies or certificate of insurance clearly setting forth the 
exact nature of the insurance coverage. If such contract 
does not substantially contain the subject matter as herein 
set forth, the vendee shall have a valid defence against the 
recovery of all finance charges and fees, exclusive of insur- 
ance premiums, in any action or proceeding to enforce said 
contract. Approved March 6, 1956. 



An Act providing for additional statutory court ses- r'/,^^ jgg 

SIONS OF THE PROBATE COURT FOR THE COUNTY OF DUKES ^' 

COUNTY. 

Be it enacted, etc., as follows: 

Section 62 of chapter 215 of the General Laws is hereby g. l. (Xer. 
amended by striking out the paragraph amended by chapter |^,]' ^^^^^ 
241 of the acts of 1936 and inserting in place thereof the amended.' 
following paragraph: — 

Dukes County, at Edgartown, each Tuesday. 

Approved March 6, 1956. 



An Act regulating conditional sales of certain storm C'/iap.l60 

WINDOWS and doors. 

Be it enacted, etc., as follows: 

Section 13 of chapter 184 of the General Laws is hereby g. l. (Xer. 
amended by striking out the first paragraph, as amended by §13^; ^^^[ 
section 1 of chapter 52 of the acts of 1943, and inserting in amended.' 
place thereof the following paragraph: — No conditional 
sale of heating apparatus, plumbing goods, storm windows conditional 
and doors of a permanent type, ranges, buildings of wood certain storm 
or metal construction of the class commonly known as port- windows and 
able or sectional buildings, elevator apparatus or machinery, nCtS.'con- 
seats for theatres, halls, parks and places of public assembly, c^ding^' 
or other articles of personal property, which are afterward 
wrought into or attached to real estate, whether they are 
fixtures at common law or not, shall be vahd as against any 
mortgagee, purchaser or grantee of such real estate, unless 
not later than ten days after the delivery thereon of such 
personal property a notice such as is herein prescribed is 
recorded in the registry of deeds for the county or district 
where the real estate lies. The notice shall be signed by the 
vendor or a person claiming under him and shall contain the 
names of the contracting parties, the name of the record 
owner of the real estate at the time of recording the notice, 
the fact that it is agreed that title to such personal property 
shall remain in the vendor until the purchase price is paid, 
the terms of payment, including the date on which the final 



90 Acts, 1956. — Chap. 161. 

payment will become due, and the amount of such purchase 
price remaining unpaid, and descriptions, sufl&ciently accu- 
rate for identification, of such real estate and the personal 
property delivered or to be delivered thereon. If the sale 
is of several articles for a lump sum greater than the value 
of the personal property delivered or to be delivered on the 
real estate, the notice shall also state such lump sum and 
such value. Approved March 6, 1966. 



ChaV. IQl ■^^ ^^'^ AUTHORIZING AND DIRECTING THE METROPOLITAN 
DISTRICT COMMISSION TO CONVEY LAND ON RIVER STREET 
IN THE DORCHESTER DISTRICT OF THE CITY OF BOSTON TO 
LOWER MILLS MEMORIAL POST NO. 8699, VETERANS OF 
FOREIGN WARS, INC. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan district commission, in con- 
sideration of the sum of one thousand six hundred dollars, 
is hereby authorized and directed to convey, in the name 
and on behalf of the commonwealth to Lower Mills Memo- 
rial Post No. 8699, Veterans of Foreign Wars, Inc., for the 
purpose of enabling said Post to establish a post head- 
quarters, a certain parcel of land under the control of the 
commission containing thirty-one thousand seven hundred 
and nine square feet of land, more or less, situated in the city 
of Boston (Dorchester district), bounded and described as 
follows : — 

Northeasterly by River Street two hundred and thirty-six 
and 28/100 (236.28) feet; Easterly by land now or formerly 
of John F. Ego, one hundred thirty-one and 02/100 (131.02) 
feet; Southerly by other land of the commonwealth of Massa- 
chusetts two hundred forty-seven and 80/100 (247.80) feet; 
and Westerly by land now or formerly of John Conness one 
hundred and thirty-eight and 07/100 (138.07) feet; contain- 
ing thirty-one thousand seven hundred and nine (31,709) 
square feet more or less, and being shown on a plan entitled 
"Commonwealth of Massachusetts, Metropolitan District 
Commission, Parks Division, Neponset River Reservation, 
Boston, Plan of Land to be Conveyed to Lower Mills Post, 
No. 8699, Veterans of Foreign Wars of the United States, 
. . . August 5, 1955, Benjamin W. Fink, Director of Engi- 
neering," 33884-V.T. 

Section 2. In the event that said land is not used for 
the purposes set forth in this act on or before December 
thirty-first, nineteen hundred and sixty, it shall revert to 
and the title shall be revested in the commonwealth. 

Approved March 6, 1956. 



Acts, 1956. — Chaps. 162, 163. 91 

An Act relative to exempting colleges and universi- QJidj) 162 

TIES FROM THE PROVISIONS OF THE LAW REGULATING 
TRAILER COACH PARKS AND DISCHARGING AND RELEASING 
THEM FROM CERTAIN OBLIGATIONS AND LIABILITIES IN 
CONNECTION THEREWITH. 

Be it enacted, etc., as follows: 

Section 1. The last paragraph of section 32F of chapter g. l. (Ter. 
140 of the General Laws, as amended by chapter 623 of the f 32F^ttc., 
acts of 1955, is hereby further amended by striking out, in amended. ' 
lines 7 to 9, inclusive, the words "land owned by a tax ex- 
empt educational institution used to accommodate students 
attending such institution," and inserting in place thereof 
the words : — a lot or tract of land provided by a college or 
university for the use of trailer coaches to accommodate 
students lacking dormitory facilities, — so as to read as 
follows : — 

A lot or tract of land provided by a state or county fair, Certain land 
agricultural and horticultural society, grange or 4-H club deemed I 
for the use of trailer coaches to accommodate personnel who ^^^^^ °°'^'^^ 
are to participate in any fair or exhibition conducted by 
such organization, which fair or exliibition does not continue 
for a period exceeding ten consecutive days, or a lot or tract 
of land provided by a college or university for the use of 
trailer coaches to accommodate students lacking dormitory 
facilities shall not be deemed a trailer coach park. 

Section 2. Every college and university is hereby dis- 
charged and released from any and all obligations and ha- 
bilities existing on the effective date of this act arising from 
any provision of sections thirty-two F to thirty-two K, in- 
clusive, of chapter one hundred and forty of the General 
Laws as at any time heretofore in effect. 

Approved March 6, 1956. 

An Act authorizing the granby telephone and tele- C/zap.l63 

GRAPH COMPANY OF MASSACHUSETTS TO BORROW MONEY. 

Be it enacted, etc., as follows: 

Section 1. The Granby Telephone and Telegraph Com- 
pany of Massachusetts is hereby authorized to borrow, not 
exceeding one hundred and thirty-five thousand dollars, and 
to execute bonds, notes or other evidences of indebtedness 
payable to any person, or to order and to dehver such bonds, 
notes or other evidences of indebtedness in consideration of 
such loan, and to mortgage, pledge or hypothecate any or 
all of its assets as security therefor; provided, however, that 
all of the provisions of chapter one hundred and sixty-six of 
the General Laws, except as specifically otherwise provided 
herein, shall be applicable and shall govern the said loan or 
any part thereof, or bonds, coupon notes or other evidences 
of indebtedness issued hereunder, including specifically the 
provisions of sections four, five and six of said chapter one 
hundred and sixty-six. 

Section 2. This act shall take effect uponfits passage. 

Approved March 7, 1966. 



92 Acts, 1956. — Chaps. 164, 165, 166. 



Chap. 1Q4: An Act increasing the fee for the re-licensing of 

LICENSED DISPENSING OPTICIANS. 

Emergency Wheveas, The deferred operation of this act would tend 

^™ ■ to defeat its purpose which is to provide forthwith for an 
equitable fee for the re-hcensing of licensed dispensing opti- 
cians, 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. ■ 

EdViTr' Section 73G of chapter 112 of the General Laws, inserted 

§73G. etc., by section 2 of chapter 688 of the acts of 1955, is hereby 

amended. amended by striking out, in lines 3 and 6, the word ''five" 

and inserting in place thereof, in each instance, the word : — 

ten. Approved March 8, 1956. 

Chap. 165 An Act authorizing certain sewer construction as- 
sessments TO BE COLLECTED IN THE TOWN OF DEERFIELD 
AND VALIDATING CERTAIN ACTS RELATIVE THERETO. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
twenty-seven of chapter eighty-three of the General Laws 
requiring the recording in the registry of deeds of the pro- 
posed action by the sewer commissioners of the town of 
Deerfield to construct a sewer, all unpaid assessments for 
the proportionate charge or cost of construction of a com- 
mon sewer, under section fourteen of said chapter eighty- 
three, in Eastern avenue, a town way of Deerfield, which 
construction was completed in the year nineteen hundred 
and fifty-two and the list of assessments having been duly 
certified to the assessors and by that board committed, in 
course, to the collector of taxes for Deerfield, shall consti- 
tute a valid, enforceable lien under said section twenty- 
seven upon said abutters' lands from the effective date 
hereof; and the collector of taxes for said town of Deerfield 
may validly proceed forthwith to collect said unpaid assess- 
ments, in accordance with the provisions of said section 
twenty-seven and section twenty-eight of chapter eighty- 
three, section four of chapter eighty, and other applicable 
sections of chapters sLxty, eighty and eighty-three, except 
as is otherwise provided by this act. 

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

Approved March 8, 1956. 

Chap.lQQ An Act authorizing the city of chelsea to fund cer- 
tain indebtedness. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing funds to meet 
certain loans issued in the year nineteen hundred and fifty- 
five under clause (9) of section eight of chapter forty-four 



Acts, 1956. — Chaps. 167, 168. 93 

of the General Laws and a revenue deficit of the year nine- 
teen hundred and fift3^-five amounting to eighty-three thou- 
sand seven hundred dollars, the city of Chelsea may borrow 
during the year nineteen hundred and fifty-six such sums, 
not exceeding, in the aggregate, two hundred and ten thou- 
sand dollars, as may be necessary, and during the year 
nineteen hundred and fifty-seven such sums, not exceeding, 
in the aggregate, eighty thousand dollars, as may be neces- 
sary, and may issue bonds or notes therefor, which shall 
bear on their face the words. City of Chelsea Funding Loan, 
Act of 1956. Each authorized issue shall constitute a sepa- 
rate loan and such loans shall be payable in not more than 
four years from their dates. Indebtedness incurred under 
this act shall be within the statutory hmit, 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. This act shall take effect upon its passage. 

Approved March 8, 1956. 



An Act repealing the provisions of the law relating (Jfidy jgy 

TO THE REMOVAL OF CERTAIN VEHICLES PARKED OR STAND- ^' 

ING IN VIOLATION OF LAW ON PUBLIC WAYS IN THE DOWN- 
TOWN AREA OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section L Section 2 of chapter 263 of the acts of 1929 
is hereby amended by striking out the fourth sentence, as 
amended by chapter 315 of the acts of 1955. 

Section 2. Said section 2 of said chapter 263 is hereby 
further amended by striking out the fifth sentence, as appear- 
ing in section 1 of chapter 369 of the acts of 1954, 

Section 3. This act shall take effect upon its acceptance 
on or before December thirty-first, nineteen hundred and 
fifty-six, by vote of the city council of the city of Boston, 
with the approval of the mayor, but not otherwise. 

Approved March 8, 1956. 



An Act authorizing the furnishing of distinctive nhf,^ iac 

PLATES FOR AMERICAN CITIZENS WHO ARE DIPLOMATIC ^* 

REPRESENTATIVES OF FOREIGN COUNTRIES. 

Be it enacted, etc., as follows: 

The seventh paragraph of section 2 of chapter 90 of the q. l. (Xer. 
General Laws is hereby amended by inserting after the first ^d.), so, § 2 
sentence, as appearing in chapter 225 of the acts of 1953, ^ "" '*™^" 
the following sentence : — The registrar may, upon payment Distinctive 
of the registration fee as required in section thirty-three, Cdn'^fOTeign^'^' 
furnish at his office such distinctive plates to duly appointed diplomatic 

r • T, ■• xj.' c • ^ rr- representatives. 

foreign diplomatic representatives or foreign consular officers 
who are citizens of the United States. 

Approved March 8, 1956. 



94 Acts, 1956. — Chaps. 169, 170. 



Chap. 169 An Act relative to expenditures of money by the 

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

Be it enacted, etc., as follows: 

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

Section 2. The state secretary shall cause to be placed 
on the official ballot to be used in each city and town in 
Plymouth county at the biennial state election in the year 
nineteen hundred and fifty-six the following question: — 
"Shall an act passed by the General Court in the year nine- 
teen hundred and fifty-six, entitled 'An Act relative to ex- 
penditures of money by the county commissioners of Plym- 
outh county for the purpose of promoting the recreational 
advantages of said county', be accepted?" If a majority of 
the votes cast in said county in answer to said question is in 
the affirmative, this act shall thereupon take full effect, but 
not otherwise. Approved March 8, 1956. 



Chop. 170 An Act to authorize the commonwealth to accept as 

A gift certain land and buildings FROM THE BRIDGE- 
WATER teachers COLLEGE ALUMNI ASSOCIATION. 

Be it enacted, etc., as follows: 

The commonwealth of Massachusetts is hereby authorized 
to accept by deed of gift from the Bridgewater Teachers 
College Alumni Association all of the right, title and interest 
in a certain parcel of land and appurtenances thereto of the 
Bridgewater Teachers College Alumni Association; pro- 
vided, that said land be held by the commonwealth for use 
by the Bridgewater State Teachers College. Said parcel is 



regulated. 



Acts, 1956. — Chaps. 171, 172. ' 95 

situated on the corner of Park avenue and Summer street 
in the town of Bridgewater and is contiguous to other land 
of the commonwealth. Approved March 8, 1956. 

An Act relative to the expenses of examination of Chav.Vll 

SAVINGS BANKS. 

Be it enacted, etc., as follows: 

The first paragraph of section 2 of chapter 167 of the g. l. (Ter. 
General Laws is hereby amended by striking out the second f 'l^^tc^^' 
sentence, as appearing in section 1 of chapter 527 of the acts amended. 
of 1948, and inserting in place thereof the following sentence: 
— • The expenses of the annual examination of a savings Expenses ot 
bank shall be borne by the corporation, and shall be limited ir^vfngl°'' 
to the actual cost of such examination and such additional J;'^"';^, 
sum for the overhead expenses, exclusive of charges for 
traveling expenses, of said division as the commissioner shall 
determine to be attributable to such examination, or to an 
amount not exceeding five cents per one thousand dollars of 
assets of the corporation, as shown by its statement of con- 
dition as of the date of such examination, whichever is the 
lesser. Approved March 8, 1966. 

An Act to provide for the return of unlawfully Chap 172 
possessed firearms to the lawful owner. 

Be it enacted, etc., as follows: 

Chapter 269 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 10, as most recently amended by chap- f lo'efc^.' 
ter 160 of the acts of 1955, and inserting in place thereof amended. 
the following section: — Section 10. Whoever, except as Penalty for 
provided by law, carries on his person, or carries on his ^n^'^^'^y 

11 • !• i'1-i carrying 

person or under his control in a vehicle, a pistol or revolver, dangerous 
loaded or unloaded, without permission under section one '^'''''^°'^^- 
hundred and thirty-one of chapter one hundred and forty, 
or whoever so carries any stiletto, dagger, dirk knife, slung 
shot, metallic knuckles or sawed off shotgun, or whoever, 
when arrested upon a warrant for an alleged crime or when 
arrested while committing a crime or a breach or disturbance 
of the public peace, is armed with, or has on his person, or 
has on his person or under his control in a vehicle, a billy or 
dangerous weapon other than those herein mentioned, shall 
be punished by imprisonment for not less than two and one 
half years nor more than five years in the state prison or 
for not less than six months nor more than two and one half 
years in a jail or house of correction except that, if the court 
finds that the defendant has not been previously convicted 
of a felony, he may be punished by a fine of not more than 
fifty dollars or by imprisonment for not more than two and 
one half years in a jail or house of correction, or whoever, 
except as provided by law, possesses a machine gun as de- 
fined in section one hundred and twenty-one of chapter one 



firearms to 
lawful owner. 



96 Acts, 1956. — Chaps. 173, 174. 

hundred and forty, without permission under said section 
one hundred and thirty-one shall be punished by imprison- 
ment in the state prison for life or for any term of years, and 
upon conviction the pistol or other article shall, unless other- 
wise ordered by the court, be confiscated by the common- 
wealth. The pistol or article so confiscated shall, by the 
authority of the written order of the court or trial justice, 
be forwarded by common carrier to the commissioner of 
public safety, who, upon receipt of the same, shall notify 
said court or justice thereof. Said commissioner may sell 
or destroy the same, and, in case of a sale, after paying the 
cost of forwarding the article, shall pay over the net pro- 
ceeds to the commonwealth. 
Return of The court may, if the pistol or other article was lost by 

y Qj, stolen from a person lawfully in possession of it, order its 
return to such person, and where it has been the finding of 
the court that a person has been guilty of unlawful posses- 
sion of a firearm, but makes the further finding that such 
possession was in ignorance of the law, the court may order 
the return of said firearm to its owner upon his compliance 
with those regulations relative to the establishment of 
lawful possession. Approved March 8, 1966. 

Chap. 17S An Act providing for uninterrupted coverage of cer- 
tain MUNICIPAL EMPLOYEES WHO HAVE WAIVED THB 
PROVISIONS OF GROUP INSURANCE. 

Be it enacted, etc., as follows: 

G-jLjTer. Sectiou 4 of chapter 32B of the General Laws, as appear- 

§ 4. etc", ' ing in section 1 of chapter 760 of the acts of 1955, is hereby 
amended. amended by adding at the end the following sentence: — 
Every poUcy, whether original or renewal, shall provide, in 
the case of employees now covered by group insurance 
benefits, protection by continuing unintermpted coverage 
without regard to waiting periods. 

Approved March 8, 1956. 

Chap. 17 4: An Act placing the position of city forester in the 

CITY OF MARLBOROUGH UNDER CIVIL SERVICE. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to the 
contrary, the position of city forester for the city of Marl- 
borough shall be placed under the civil service laws and rules 
with the title of supervisor of forestry. 

Section 2. Said position shall be filled by a competitive 
promotional examination which shall be open to all perma- 
nent employees in the forestry department who have been 
employed therein after certification for at least one year. 

Section 3. This act shall take efi"ect upon its acceptance 
by the mayor and city council of the city of Marlborough 
in the current year. Approved March 8, 1956. 



Acts, 1956. — Chaps. 175, 176, 177. 97 



An Act relative to deposits in savings banks of private Chav. 17 5 

RETIREMENT OR PENSION SYSTEMS OR ASSOCIATIONS. 

Be it enacted., etc., as follows: 

Paragraph 2 of section 21 of chapter 168 of the General g^^jTl""- 
Laws, as appearing in section 1 of chapter 432 of the acts of § 21,' etc' 
1955, is hereby amended by inserting after the word "dol- "tended. 
lars", in hne 24, the words: — or one and one half per cent 
of the deposits of such savings bank, whichever is the greater. 

Approved March 8, 1956. 



An Act increasing the amount allowed for the deten- Chap.176 

TION AND SUPPORT OF PERSONS COMMITTED TO A MUNICIPAL 
LOCKUP. 

Be it enacted, etc., as follows: 

Section 36 of chapter 40 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by amended. ^^' 
striking out, in line 6, the words "fifty cents" and inserting 
in place thereof the words: — one dollar. 

Approved March 8, 1956. 



An Act increasing the amount of money the city of Chap. 177 

LAWRENCE MAY BORROW FOR THE CONSTRUCTION OF 
PUBLIC PARKING PLACES AND THE INSTALLATION OF PARK- 
ING METERS THEREON, AND RELATING TO THE PAYMENT OF 
SAID MONEY. 

Be it enacted, etc., as follows: 

Section 1 of cJiapter 34 of the acts of 1955 is hereby 
amended by striking out, in line 10, the words "five hun- 
dred thousand" and inserting in place thereof the words: 
— one million, — and by striking out, in Une 14, the word 
"ten" and inserting in place thereof the word: — twenty, ~ 
so as to read as follows: — Section 1. For the purpose of 
constructing public parking 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 borrow, from time to time, within 
a period of five years from the passage of this act, such sums 
as may be necessary, not exceeding in the aggregate one 
million 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 con- 
stitute 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 within the statutory hmit, but 
shall, except as herein provided, be subject to chapter forty- 



98 



Acts, 1956. — Chaps. 178, 179, 180. 



four of the General Laws, exclusive of the limitation con- 
tained in the first paragraph of section seven thereof. 

Approved March 8, 1956. 



Chap. VIS -^N ^^"^ PROVIDING THAT NO OWNER OR LICENSED OPERATOR 
OF A MOTOR VEHICLE SHALL HAVE POINTS CHARGED AGAINST 
HIS OPERATING RECORD BEFORE FINAL DISPOSITION OF ANY 
APPEAL IN THE COURTS. 

Be it enacted J etc., as follows: 

Chapter 90A of the General Laws is hereby amended by 
inserting after section 8, as appearing in section 1 of chapter 
570 of the acts of 1953, the following section: — Section 8 A. 
No points shall be charged against the operating record of 
any registrant or hcensee as a result of any violation of law 
while there is pending before the courts an appeal by such 
registrant or hcensee from a conviction for such violation. 

Approved March 8, 1956. 



G. L. (Ter. 
Ed.), 90A, 
new § 8A, 
added. 

No points to 
be charged 
against 
operating 
record while 
appeal is 
pending before 
the courts. 



C/iap. 179 An Act providing that the fee for motor vehicles 

REGISTERED AFTER THE THIRTIETH DAY OF SEPTEMBER 
APPLY TO ALL PERSONS REGISTERING MOTOR VEHICLES OR 
TRAILERS AFTER SAID DATE. 

Be it enacted, etc., as follows: 

Section 2 of chapter 90 of the General Laws is hereby 
amended by striking out the third paragraph, as appearing 
in the Tercentenary Edition, and inserting in place thereof 
the following paragraph : — 

An applicant for the registration of a motor vehicle or 
trailer under this chapter who does not file his appHcation 
until after the thirtieth day of September in any year shall 
be entitled to a reduction in the fee for such registration as 
provided in section thirty- three. Approved March 8, 1956. 



G. L. (Ter. 
Ed.), 90, § 2, 
amended. 



Registration 
fee when 
application 
is filed after 
September 
thirtieth. 



Chap. 180 An Act relative to the form of question to be used 

BY cities and towns IN PLACING PROVISIONS OF THE 
GENERAL LAWS ON THE BALLOT FOR ACCEPTANCE BY THE 
VOTERS. 

Be it enacted, etc., as follows: 

Chapter 54 of the General Laws is hereby amended by 
inserting after section 58 the following section : — Section 
68 A. Whenever any provision of the General Laws, sub- 
mitted for acceptance to the voters of a city or town, is to 
be placed on the ballot at any election, the city or town clerk 
shall place it on the ballot in the following form: — "Shall 
this (city or town) accept the provisions of section (here 
insert section number) of chapter (here insert 
chapter number) of the General Laws, a fair 
and concise summary of which appears below?" 
(Set forth here a fair, concise summary and purpose of the 



G. L. (Ter. 
Ed.), 54, 
new § 58 A, 
added. 

Form of ques- 
tion to be 
used by cities 
and towns 
in placing 
provisions of 
General Laws 
on ballot for 
acceptance. 



YES J 


NO 



Acts, 1956. —Chaps. 181, 182. 99 

law to be acted upon, as determined by the city solicitor or 
town counsel, as the case may be.) If a majority of the 
voters voting on said question vote in the affirmative, then 
said provisions shall take effect in said city or town, but not 
otherwise. Approved March 8, 1956. 



An Act relative to investment of funds of fraternal nhn^ i ci 

BENEFIT SOCIETIES. ^' 

Be it enacted, etc., as follows: 

The first sentence of section 18 of chapter 176 of the q. l. (Ter. 
General Laws, as amended by chapter 277 of the acts of Ed), i76, 
1954, is hereby further amended by striking out, in fines 6 Imfnded.' 
and 7, the words "an amount not exceeding ten per cent" 
and inserting in place thereof the words : — invest and de- 
posit, — so as to read as follows : — Every society shall in- investment 
vest its funds in securities permitted by chapter one hun- °ratemai°^ 
dred and seventy-five for the investment of the capital of benefit socle- 
insurance companies, except that it may invest an amount ^'^^' ^''^'^^^^ • 
not exceeding ten per cent of its funds in the shares of federal 
savings and loan associations located in the commonwealth 
and, in addition, invest and deposit in paid-up shares and 
accounts of and in co-operative banks chartered by the 
commonwealth, and may deposit any of its funds in any 
savings bank, or savings department of a trust company, 
chartered under the laws of the commonwealth; provided, 
that any foreign society permitted or seeking to do business 
in the commonwealth may invest its funds in accordance 
with the laws of the state where it is incorporated; and 
provided, further, that a part thereof, not exceeding twenty 
per cent of its death fund, may be invested in a building for 
use and occupation by the society as its home office; and 
that a society having branches situated in the Dominion of 
Canada may invest a part of its death fund in the pubfic 
funds of the Dominion of Canada, or of any province of the 
Dominion of Canada, not exceeding in the aggregate an 
amount equal to the sum of its collected premiums for the 
four months last past. Approved March 8, 1956. 



An Act pertaining to the testing of surveyors' appa- rhn^ i go 

RATUS FOR LINEAR MEASUREMENTS. ^* 

Be it enacted, etc., as follows: 

Section 1. Chapter 97 of the General Laws is hereby Ed^'o?^"^' 
amended by striking out sections 3, 4, 5 and 6, as appearing §§.3,' 4, 5, 6, 
in the Tercentenary Edition, and inserting in place thereof fnTnewTs. 
the following section : — Section 3. Every land surveyor inserted. 
shall use only a tape that has been standardized against a ^veyor°' 
tape that has been examined by the United States Bureau of fi^^ar''^''a^°' 
Standards and has had its exact length correctly established, uremeSir 
and shall maintain in his office or principal place of business '^^s^^'**^^- 



100 Acts, 1956. — Chaps. 183, 184. 

a record of the date, the name of the person making the 
comparison, and the number of the United States Bureau 
of Standards test which estabhshed the length of the stand- 
ardizing tape, or the number of the tape. Such comparisons 
shall be made as frequently as required by good practice, 
but at least once in every year. Said record shall be ex- 
hibited upon demand to the sealer of weights and measures 
for the town where such surveyor has his office or principal 

Penalty. place of business. Whoever violates any provision of this 

section shall be punished by a fine of not more than twenty 
dollars. 

Effective SECTION 2. This act shall take effect on January first, 

date. nineteen hundred and fifty-seven. 

Approved March 8, 1966. 



Chap.lSS -^N Act authorizing the town of Kingston to appro- 
priate AND PAY A SUM OF MONEY TO EMERSON TEWKS- 
BURY. 

Be it enacted, etc., as follows: 

Section 1. The town of Kingston is hereby authorized 
to appropriate at an annual town meeting a sum of money 
not to exceed two thousand dollars and pay the same to 
Emerson Tewksbury to reimburse him for money expended 
by him for certain water pipes, water mains, fire hydrants, 
shut-offs, and all fixtures and appurtenances thereto installed 
by him in certain ways in a real estate development known 
as Ah-De-Nah, situated in the town of Kingston and shown 
on a plan entitled "Plan C — Ah-De-Nah, Kingston Mass.", 
dated August twenty-second, nineteen hundred and fifty- 
two, Delano and Keith surveyors, a copy of which is re- 
corded in the Plymouth county registry of deeds; provided, 
that no payment shall be made hereunder unless and until 
said Emerson Tewksbury releases by proper instruments all 
right, title and interest which he has in said installations 
and until said town receives or acquires permanent ease- 
ments for the operation and maintenance of said installa- 
tions in or on the aforesaid ways. 

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

Approved March 8, 1966. 

Chap. 184: An Act authorizing the town of marblehead to pay 
an annuity to anna b. doliber. 

Be it enacted, etc., as follows: 

Section 1." For the purpose of discharging a moral obli- 
gation, the town of Marblehead may appropriate and pay 
each year the sum of twelve hundred dollars to Anna B. 
Dohber, the widow of Benjamin F. Doliber, 2nd, a former 
member of the police department in said town of Marblehead. 

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

Approved March 12, 1956. 



Acts, 1956. — Chaps. 185, 186, 187. 101 

An Act increasing minimum fair wage rates. Chap. 1S5 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is to establish a minimum wage "^"^^^"^ 
of seventy-five cents in all occupations in the commonwealth 
to be effective on April first, nineteen hundred and fifty-six, 
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: 

Existing minimum wage orders which have been promul- 
gated under the provisions of chapter one hundred and 
fifty-one of the General Laws and which, on April first, 
nineteen hundred and fifty-six, contain minimum wage re- 
quirements less than those provided in section seven of said 
chapter one hundred and fifty-one, as amended by section 
two of chapter seven hundred and sixty-two of the acts of 
nineteen hundred and fifty-five, shall on said April first, 
nineteen hundred and fifty-six, automatically advance to 
the minimums set forth in said section seven of said chapter 
one hundred and fifty-one, as so amended, and the commis- 
sioner of labor and industries shall issue a mandatory order 
to that effect prior to said date. Approved March 12, 1956. 

An Act permitting persons sixty-five years of age or (JJiq^j) ]^gg 

OVER to take university EXTENSION COURSES, FREE OF ^' 

CHARGE. 

Be it enacted, etc., as follows. • 

Section 7 of chapter 69 of the General Laws, as most o. l. (Ter. 
recently amended by chapter 403 of the acts of 1943, is f y.^k^c^,' 
hereby further amended by inserting after the second sen- amended. 
tence the following sentence : — The department shaU per- 
mit such courses to be taken, free of charge, by persons 
sixty-five years of age or over. Approved March 12, 1956 

An Act requiring the giving of notices of decrees Chap. 187 

AND ORDERS OF PROBATE COURTS. 

Be it enacted, etc., as follows: 

Chapter 215 of the General Laws is hereby amended by S^^■i?>'■l og 
striking out section 36, as appearing in the Tercentenary amended.' 
Edition, and inserting in place thereof the following section: 
— Section 36. Decrees and orders of probate courts shall be Giving of 
in writing and notices thereof shall be given by the registers J}°cj.ees and 
to the attorneys of record, and in the absence of an attorney orders of pro- 
of record, to any party who has appeared personally and required. ^' 
given his address. The registers shall record in books kept 
therefor such decrees, orders and other proceedings in said 
courts and such instruments, as shall be determined by rules 
made from time to time under section thirty. 

Approved March 12, 1956. 



102 Acts, 1956.— Chaps. 188, 189. 

Chap.lSS An Act authorizing the city of Northampton to rein- 
state OSSIAN E. BRAINERD FOR THE SOLE PURPOSE OF 
BEING RETIRED AND RELATIVE TO THE AMOUNT OF RETIRE- 
MENT ALLOWANCE FOR SAID OSSIAN E. BRAINERD. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good and in consideration of the meritorious service hereto- 
fore performed for the city of Northampton by Ossian E. 
Brainerd, a former superintendent of sewers in said city, who 
was retired for superannuation on September thirtieth, nine- 
teen hundred and fifty-five, said city is hereby authorized 
to reinstate said Ossian E. Brainerd for the sole purpose of 
being retired; and upon such reinstatement said Ossian E. 
Brainerd shall be reinstated to membership in the North- 
ampton retirement system. Upon such reinstatement said 
Ossian E. Brainerd shall pay into the retirement fund of said 
city payments in an amount equal to the difference between 
the amount which was withheld as regular deductions from 
his regular compensation during the period between July 
first, nineteen hundred and forty-three and January first, 
nineteen hundred and forty-six, and the amount which would 
have been withheld had such deductions been based on his 
total earnings rather than the prescribed Hmit or limits in 
force during said period, together with interest on such pay- 
ments. Upon making such payments together with interest 
thereon, said Ossian E. Brainerd shall be entitled to such 
additional retirement allowance as such additional contribu- 
tions would entitle him. 

Section 2. This act shall take effect upon its acceptance 
by the mayor and city council of said city but not otherwise. 

Approved March 12, 1956. 

Chap. 1S9 An Act increasing the amount of real estate which 

MAY BE HELD BY THE ISRAEL BROTHERHOOD OF LOWELL 
MASSACHUSETTS IN NEW HAMPSHIRE AND RELATIVE TO 
THE USE THEREOF FOR CEMETERY PURPOSES. 

Be it enacted, etc., as follows: 

Section 1, The Israel Brotherhood of Lowell Massa- 
chusetts, located in the city of Lowell, and incorporated 
under general law, is hereby authorized to hold real estate 
in the town of Pelham in the state of New Hampshire to an 
amount not exceeding twenty thousand dollars. All of said 
property and the income derived therefrom may, in addition 
to the purposes of said corporation as set forth in its charter 
or certificate of incorporation, and to the extent permitted 
by the laws of said state of New Hampshire, be used for the 
purposes of a cemetery and to bury therein the bodies of its 
deceased members, the bodies of deceased persons belonging 
to the families of said members and the bodies of other per- 
sons of the Hebrew faith. 



Acts, 1956. — Chap. 190. 103 

Section 2. The title of said corporation to all real estate 
standing in its name on the effective date hereof, in so far 
as it is affected by lack of statutory authority for the in- 
vestment of funds of such corporation, is hereby confirmed, 
and all acts done and action taken by the officers and agents 
of said corporation with respect thereto are hereby validated 
and confirmed. 

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

Approved March IS, 1956. 



An Act relative to the procedure on appeal from the Qhn^ i qq 

DEPARTMENT OF PUBLIC UTILITIES. ^' 

Be it enacted, etc., as follows: 

Section 5 of chapter 25 of the General Laws, as amended g. l. (Ter. 
by section 1 of chapter 575 of the acts of 1953, is hereby ^'}^'"^;^ie^ 
further amended by striking out the third paragraph and ^ "" '"^''°' 
inserting in place thereof the following paragraph : — 

The record on appeal shall include one copy of the peti- Appeal from 
tion of the appellant or other original papers, and of the c^mmtssion, 
decision, order or ruling of the commission; and if and to ''^euiated. 
the extent that either the commission or the appellant or 
any other party to the proceedings so requests within twenty 
days from fifing the petition for appeal with the commission, 
it shall include one copy of the exhibits and documents intro- 
duced in the proceeding before the commission, of the official 
report of the proceedings and of the findings of fact of the 
commission. The secretary of the commission shall make an 
estimate of the expense of the preparation and transmission 
of the necessary papers and copies of papers aforesaid, and 
shall give the appellant notice in writing of the amount of 
such estimate. The appellant, within twenty days after the 
date of such notice from the secretary, shall pay to him the 
amount of such estimate and such further amount beyond 
such estimate as the secretary shall find to be then due for 
such preparation. The secretary then without delay shall 
prepare the papers and copies of papers aforesaid for trans- 
mission, and when they are ready shall give notice in writing 
of such fact to the appellant who, within five days after the 
date of such notice, shall pay to the secretary any balance 
then due therefor. The record on appeal shall then be certi- 
fied to the supreme judicial court by the secretary of the 
commission. The commission or the supreme judicial court 
or any justice or judge thereof may for cause shown extend 
the time for doing any of the acts required by this para- 
graph. The supreme judicial court may order the trans- 
mission of the original or a copy of any paper not appearing 
in the record, or appearing therein in an abbreviated form, 
if at any time such omitted paper or any omitted part of such 
abbreviated paper becomes material. 

Approved March IS, 1956. 



104 



Acts, 1956. — Chap. 191. 



Chap. 191 An Act requiring that a notice of cancellation of 

COMPULSORY liability INSURANCE POLICIES SPECIFY IN 
DETAIL THE REASON OR REASONS FOR SUCH CANCELLATION. 



G. L. (Ter. 
Ed.), 175, 
§ 113A, etc., 
amended. 



Notice of 
cancellation 
of compulsory 
liability in- 
surance poli- 
cies to specify 
in detail 
reason or 
reasons for 
such can- 
cellation. 



Be it enacted, etc., as follows: 

Section 1. Section 113 A of chapter 175 of the General 
Laws is hereby amended by striking out provision (2), as 
most recently amended by section 2 of chapter 648 of the 
acts of 1951, and inserting in place thereof the following 
provision : — 

(2) That, except as otherwise provided in provision (2) A 
and in section one hundred and thirteen D, no cancellation 
of the policy, whether by the company or by the insured, 
shall be valid unless written notice thereof is given by the 
party proposing cancellation to the other party giving the 
specific reason or reasons for such cancellation and to the 
registrar of motor vehicles in such form as he may prescribe, 
at least twenty days in each case prior to the intended effec- 
tive date thereof, which date shall be expressed in said no- 
tice, and that notice of cancellation sent by the company to 
the insured, by registered mail, postage prepaid, with a re- 
turn receipt of the addressee requested, addressed to him at 
his residence or business address stated in the policy shall 
be a sufficient notice, and that an affidavit of any officer, 
agent or employee of the company, duly authorized for the 
purpose, that he has so sent such notice addressed as afore- 
said shall be prima facie evidence of the sending thereof as 
aforesaid; together with a provision that, in the event of a 
cancellation by the insured, he shall, if he has paid the pre- 
mium on the policy to the company or to its agent who 
issued the policy, or to the duly licensed insurance broker, 
if any, by whom the policy was negotiated, be entitled to 
receive a return premium after deducting the customary 
monthly short rates for the time the policy shall have been 
in force, or in the event of cancellation by the company, the 
insured shall, if he has paid the premium as aforesaid, be 
entitled to receive a return premium calculated on a pro 
rata basis; provided, that if the insured after the sending 
of a notice of cancellation by the company, which is also 
duly filed with the registrar of motor vehicles, or after giving 
such a notice to the company and the said registrar, files a 
new certificate under section thirty-four H of chapter ninety 
prior to the intended effective date of such cancellation, the 
fifing of said certificate shall operate to terminate the poficy 
on the date of said fifing, and the return premium, if any, 
payable to the insured shall be computed as of the date of 
said filing, instead of the intended effective date of cancella- 
tion expressed in the notice thereof; and, provided further, 
that if the final effective date of a cancellation by the com- 
pany is fixed by an order of the board of appeal on motor 
vehicle liability poficies and bonds, or of the superior court, 
or a justice thereof, as provided in section one hundred and 



Acts, 1956. — Chaps. 192, 193. 105 

thirteen D, the return premium, if any, payable to the in- 
sured shall be computed as of such final effective date. 

Section 2. Section 1 13D of said chapter 175 is hereby g. l. (Xer. 
amended by striking out the next to the last paragraph, as Fii3D^etc 
amended by section 1 of chapter 648 of the acts of 1951. amended. 

Approved March IS, 1966. 

An Act providing that certain handicapped children QfiQj) 192 
OF subscribers to non-profit hospital service plans 

BE given coverage UNDER THE MEMBERSHIP OF THE 
PARENT NOTWITHSTANDING THAT SUCH CHILDREN ARE 
OVER NINETEEN YEARS OF AGE. 

Be it enacted, etc., a^ follows: 

Section 1. Paragraph (c) of section 8 of chapter 176A Ej^i^^g^- 
of the General Laws is hereby amended by striking out §8, etc.. 
clause (5), inserted by chapter 404 of the acts of 1955, and ^'"^^ded. 
inserting in place thereof the following clause: — 

(5) A provision that any child who is mentally or physi- Contract, 
cally incapable of earning his own living who is covered ^'^'■'^•^t°- 
under the membership of his parent as a member of a family 
group shall 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 Uv- 
ing, without any limitation as to age, subject however, to 
such rules and regulations, premiums or additional premiums 
as the commissioner of insurance may approve. 

Section 2. Notwithstanding the provision of clause (5) 
of paragraph (c) of section eight of chapter one hundred and 
seventy-six A of the General Laws, as amended by section 
one of this act, any corporation organized for the purposes 
of and subject to said chapter one hundred and seventy-six A 
shall cover any person mentally or physically incapable of 
earning his own living, who had been covered under the 
membership of his parent as a member of a family group, 
under the membership of his parent as a member of such 
family group so long as said person continues to be mentally 
or physically incapable of earning his own Uving, notwith- 
standing the fact that the policy issued to such parent did 
not contain the provision required by said clause (5) ; sub- 
ject, however, to such rules and regulations, premiums or 
additional premiums as the commissioner of insurance may 
approve. Approved March 13, 1966. 

An Act relative to the membership of the lowell Chap.l^Z 
development and industrial commission. 

Be it enacted, etc., as follows: 

The second sentence of section I of chapter 330 of the 
acts of 1951, inserted by chapter 434 of the acts of 1954, 
is hereby amended by inserting after the word "years", in 
line 3, the words: — , two members of which shall be female. 

Approved March IS, 1956. 



106 



Acts, 1956. — Chaps. 194, 195. 



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



Periodic 
principal 
payments 
on certain 
mortgages 
held by sav- 
ings banks, 
required. 



Chap. 194 An Act relative to periodic principal payments on 

CERTAIN MORTGAGES HELD BY SAVINGS BANKS. 

Be it enacted, etc., as follows: 

Section 1. Paragraph 4 of section 35 of chapter 168 of 
the General Laws, as appearing in section 1 of chapter 432 
of the acts of 1955, is hereby amended by striking out the 
second sentence and inserting in place thereof the following 
sentence : — 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; except that in the case of any mortgage loan of 
this class of twenty-five thousand dollars or less or in the 
case of any mortgage loan of the class authorized in para- 
graph 5 of this section, the minimum annual principal pay- 
ment may be less than three per cent of the original amount 
of the loan if the terms of the note or mortgage shall require 
periodic payments, at least each three months, in such 
amounts that the aggregate 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 providing for complete amortization by equal 
payments, at least each three months, over a period of 
twenty-five years, and such periodic payments shall be ap- 
plied first to interest and the balance to principal and the 
interest on the loan shall be computed on the unpaid balance 
monthly or at such other time as the periodic payment is 
required. 

Section 2. Paragraph 5 of said section 35, as so appear- 
ing, is hereby amended by inserting after the word "that", 
in line 4, the words: — , subject to the exception contained 
in paragraph 4, — so that the first sentence will read as fol- 
lows: — 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, subject 
to the exception contained in paragraph 4, 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. 

Approved March 13, 1966. 



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

Mortgage 
loan not 
exceeding 
seventy-five 
per cent of 
value. 



C/iap. 195 An Act authorizing the city of woburn to convey 

CERTAIN LAND IN EXCHANGE FOR OTHER LAND IN SAID 
CITY. 

Be it enacted, etc., as follows: 

Notwithstanding any contrary provision of general or 
special law the city of Woburn, acting by its mayor, may, 
with the approval of a majority of the board of the cemetery 
commissioners and a majority of the Woburn city council, 



Acts, 1956. — Chaps. 196, 197. 107 

convey to James D. Haggerty, Jr. and Paul L. Haggerty, a 
certain parcel of land containing six hundred and thirty- 
eight square feet, located on the southerly side of Montvale 
avenue in Woburn, Massachusetts, shown as lot "A" on 
plan entitled "Plan of Land in Woburn, Mass. belonging to 
J. D. Haggerty and City of Woburn on Montvale Avenue" 
drawn by George W. Olson dated November 26, 1955 and 
bounded and described as follows: — northerly, by Mont- 
vale avenue, 12.02 feet; easterly, by lot "B" as shown on 
said plan, 52.54 feet; southerly, by land of the city of 
Woburn, 12.02 feet; westerly, by other land now or formerly 
of J. D. Haggerty, 53.84 feet; provided that the said James 
D. Haggerty, Jr. and Paul L. Haggerty convey to the city 
of Woburn a certain parcel of land containing 643.87 square 
feet and shown as lot "C" on said plan, bounded and de- 
scribed as follows: — northerly, by said Montvale avenue, 
13.60 feet; easterly, by a common passageway shown on 
said plan, 47.23 feet; southerly, by land of the city of 
Woburn, 13.60 feet; westerly, by lot "B" as shown on said 
plan, 47.51 feet. Approved March 13, 1956. 



An Act increasing the salary of the commissioner of fhr,^ iqa 
veterans' services. ^* 

Be it enacted, etc., as follows: 

Section 1. The first sentence of section 22 of chapter 6 G^L. (Ter. 
of the General Laws, as appearing in chapter 705 of the etc!, 'amended. 
acts of 1950, is hereby amended by striking out, in lines 4 
and 5, the words "seventy-five hundred" and inserting in 
place thereof the words : — ten thousand, — so as to read as 
follows : — There shall be an officer to be known as the com- salary of 
missioner of veterans' services, who shall be appointed by of^^emna'^' 
the governor, with the advice and consent of the council, for services. 
three years, at such salary, not exceeding ten thousand dol- 
lars, as the governor and council shall determine. 

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

Approved March IS, 1966. 



An Act relative to investments of trust companies in Qfiar) 197 

REAL ESTATE FOR THE TRANSACTION OF THEIR BUSINESS. 

Be it enacted, etc., as follows: 

Chapter 172 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 41, as most recently amended by chapter f 4i'eYc^' 
93 of the acts of 1952, and inserting in place thereof the amended.' 
following section : — Section 41 • Such corporation may hold investments 
real estate suitable for the transaction of its business, pro- compa^nies in 
vided that if the aggregate amount invested and proposed [or\ran''sl'ction 
to be invested therein, including the cost of alterations and of their busi- 
additions in the nature of permanent fixtures, exceeds, di- ^^^^' ^^^^^^^^- 



108 Acts, 1956. — Chaps, 198, 199. 

rectly or indirectly, thirty per cent of its capital paid in and 
its surplus account, any such excess investment shaU be 
made only with the approval of the commissioner. The 
amount of any mortgage on real estate owned by a trust 
company directly or indirectly and in whole or in part used 
by it for the transaction of its business, and the amount of 
money invested by a trust company in the securities of any 
corporation, trust or other organization which holds real 
estate in whole or in part used for the transaction of the 
business of such trust company or intended for such use, shall 
be included in determining the amount of real estate that 
may be held by such trust company under this section. Any 
sums that may be recovered by a trust company through 
the sale or other disposal of real estate or any part thereof 
held under this section, together with such sums as are 
allowable for ordinary depreciation under the provisions of 
the federal income tax law, and such additional sums as are 
taken on account of depreciation or obsolescence, or for other 
reason, with the consent of the commissioner or at his direc- 
tion, shall be deducted from the amount considered to be 
invested in such real estate. Approved March 14y i 956 . 



ChaV. 198 ^^ ^^"^ RELATIVE TO THE DUTIES OF THE ADVISORY COMMIT- 
TEE IN THE DIVISION OF HOSPITAL COSTS AND FINANCES. 

Be it enacted, etc., as follows: 

Ed^'y^reD "^^^ third paragraph of section 6D of chapter 7 of the 
etc!, 'amended. General Laws, as appearing in section 1 of chapter 636 of 
the acts of 1953, is hereby amended by striking out, in hne 1, 
the word "commission" and inserting in place thereof the 
word : — committee, — and by striking out, in line 6, the 
words "thirty A of this chapter" and inserting in place 
thereof the words : — thirty K. 

Approved March 16, 1966. 



(7/iap.l99 An Act relative to annual payments to the city of 

HOLYOKE by ITS BOARD OF WATER COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 85 of the acts of 1926 is hereby 
amended by striking out section 1 and inserting in place 
thereof the following section : — Section 1 . The board of 
water commissioners of the city of Holyoke is hereby author- 
ized and directed to pay over to the treasurer of said city in 
each year, on or before November first, the sum of forty 
thousand dollars from the total revenue received by said 
board from water charges and water rents during the pre- 
ceding financial year of said board, which amount shall be 
paid in heu of taxes and other sums required to be paid by 
said board to said city by any prior acts. Said board shall 
pay to said city an additional amount equal to any increased 



Acts, 1956. — Chaps. 200, 201. 109 

amount which said city may be required to pay for water by 
reason of an increase in the general rate structure governing 
the sale of water. 

Section 2. This act shall take effect upon its acceptance 
by the board of aldermen and the mayor of the city of 
Holyoke, subject to the provisions of its charter, but not 
otherwise. Approved March 15, 1956. , 



Chap.2m 



measurers. 



An Act providing for the appointment of certain 
employees of the department of public utilities as 
weighers and measurers. 

Be it enacted, etc., as follows: 

Chapter 41 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 87A, inserted by chapter 386 of the f 87B^iddId. 
acts of 1954, the following section: — Section 87 B. The Appointment 
director of standards and necessaries of life, upon the written f^^i^^^^ ^f 
request of the director of the commercial motor vehicle department 
division of the department of pubhc utilities, shall appoint CtuitS^as 
any of those persons described in section fourteen of chapter ^p^fjjf,",^"'^ 
one hundred and fifty-nine B as having the powers of con- 
stables and of police officers, as weighers and measurers of 
commercial motor vehicles and trailers, and of the loads of 
such vehicles and trailers. Before entering upon their 
duties they shall be sworn. Subject to section ninety, they 
shall serve as long as they have the powers of constables 
and pohce officers or until the director of the commercial 
motor vehicle division shall in writing request the director 
to revoke any such appointment. 

Approved March 16, 1956. 



An Act repealing the law providing that points C/iax).201 

CHARGED AGAINST THE OPERATING RECORD OF A LICENSEE 
BE RECORDED ON HIS LICENSE TO OPERATE MOTOR VEHI- 
CLES. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is to prohibit immediately the "^^^'^^^ ^' 
recording of points charged on a Ucense to operate a motor 
vehicle, 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 11 of chapter 90A of the General g. l. (Ter, 
Laws, as appearing in section 1 of chapter 570 of the acts of § ii,' etc.,' 
1953, is hereby repealed. repekied. 

Section 2, The registrar of motor vehicles shall issue Replacement 
a new license at a charge of fifty cents to replace any Hcense upon^°hich ^ 
upon which points have been recorded prior to the effective points have -■ 
date of this act. Approved March 15, 1956. ^^"^ '^'"'^^''^' 



no Acts, 1956. — Chaps. 202, 203, 204, 205. 



Chap. 202 An Act authorizing the city of leominster to pay a 

FULL PAY pension TO GINO DiPAOLI. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, the city of Leominster shall, because of the unusual 
injuries sustained in line of duty by Gino DiPaoli, a member 
of the pohce department of said city, resulting in the ampu- 
tation of a leg, pension said Gino DiPaoli at full pay and 
maintain such full pay pension at the rate of compensation 
paid to poUce officers in the police department of said city. 

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

Approved March 15, 1956. 

Chap. 203 An Act relative to the keeping of hospital records. 

Be it enacted, etc., as follows: 

G. L. (Ter. Scctiou 70 of chapter 111 of the General Laws, as most 

f7o,lto.', recently amended by chapter 291 of the acts of 1945, is 
amended. hereby further amended by striking out the first sentence 
and inserting in place thereof the following sentence : — 
Certain hospi- Hospitals Hceused by the department of pubHc health shaU 
records'^of^ keep records of the treatment of the cases under their care 
oases. a,nd the medical history of the same. 

Approved March 15, 1956. 

Chap. 20^ An Act authorizing certain banking institutions to 
sell or assign mortgages to the federal national 
mortgage association and to purchase stock therein. 

Be it enacted, etc., as follows: 

Ed^ie?"" Chapter 167 of the General Laws is hereby amended by 

new §51 A, inserting after section 51 the following section: — Section 

ctrtdnbank- ^^-^^ "^^^ trust compauy, savings bank, co-operative bank, 

inginstitu- banking company or credit union organized under the laws 

as°e?gn mort-°'^ of the commouwcalth may sell or assign mortgages to the 

||ge3jothe Federal National Mortgage Association, created under the 

National Federal Housing Act of 1954, and purchase stock of such 

Ass^cfaSon. associatlou, service mortgages therefor and do any and all 

acts which under the laws and regulations applicable to 

such sales or assignments may be required to enable them 

to be effected. Approved March 15, 1956. 



Chap. 205 An Act providing for life tenure for h. stuart mac- 

GREGOR, INCUMBENT OF THE OFFICE OF CHIEF OF THE 
FIRE DEPARTMENT OF THE TOWN OF ACTON. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of H. Stuart MacGregor, 
incumbent of the office of chief of the fire department of the 



Acts, 1956. — Chaps. 206, 207. Ill 

town of Acton, shall, upon the effective date of this act, be 
unlimited, but he may be removed therefrom for cause after 
hearing in the manner provided by section forty-three of 
chapter thirty-one of the General Laws. 

Section 2. This act shall take effect upon its acceptance 
by a majority of the voters of the town of Acton at an an- 
nual or special town meeting. 

Approved March 16, 1966. 



An Act eelative to compensation for overtime service Qjidiy 206 

BY FIRE FIGHTERS OF CITIES AND TOWNS. 

Be it enacted, etc., as follows: 

Chapter 48 of the General Laws is hereby amended by g. l. (Xer. 
striking out section 58C, inserted by chapter 195 of the acts f ssc^ltc, 
of 1955, and inserting in place thereof the following section : — amended. 
Section 58C. If a fire fighter in the service of a city or town overtime 
shall be required to be on duty for any period in excess of his fo™&-f fighters, 
regular hours of duty as from time to time estabhshed, he authorized. 
may be given time off equal to such period of overtime duty 
or, if time off cannot be given by reason of a personnel short- 
age or other cause, he may be paid for such period of over- 
time duty at such an hourly rate as may be determined by 
the authority in charge of a fire department, which rate shall 
in no event be less than the hourly rate of his regular com- 
pensation for his average weekly hours of regular duty. 

Approved March 16, 1966. 



An Act making available certain sums of money to Chav. 207 

THE industrial ACCIDENT BOARD. 

Be it enacted, etc., as follows: 

Section 1. To provide for additional expenses of the in- 
dustrial accident board for the payment of compensation to 
certain injured state employees, the sums set forth in section 
two of this act are hereby made available to said board, to 
be in addition to any amounts at present available for the 
purpose. 

Section 2. 

1727-00 \ From the unexpended balance remaining in item 

1651-06 / 1727-00 of section two of chapter seven hun- 
dred and six of the acts of nineteen hundred and 
fifty-five, the sum of two hundred and seventy- 
nine thousand dollars is hereby transferred and 
made available for the purposes of item 1651-06 
of section two of said chapter seven hundred 
and six of the acts of nineteen hundred and 
fifty-five. 

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

Approved March 19, 1966. 



112 Acts, 1956. — Chap. 208. 

Chap. 208 An Act relative to the alleviation of certain finan- 
cial BURDENS IMPOSED BY THE RAINS OF AUGUST EIGHT- 
EENTH AND NINETEENTH AND OCTOBER FOURTEENTH, 
FIFTEENTH, SIXTEENTH AND SEVENTEENTH, NINETEEN 
HUNDRED AND FIFTY-FIVE, AND BY THE FLOODS CAUSED 
BY SAID RAINS. 

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

to defeat its purpose, which is to provide immediately for 
the relief of the disaster caused by the rains of August and 
October, nineteen hundred and fifty-five, and by the floods 
caused by said rains, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preservation 
of the pubHc 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 rains of August eighteenth and 
nineteenth and October fourteenth, fifteenth, sixteenth and 
seventeenth, nineteen hundred and fifty-five, and by the floods 
caused by said rains, as more clearly specified hereinafter, 
to be in addition to the purposes specified in section one of 
chapter six hundred and ninety-nine of the acts of nineteen 
hundred and fifty-five, a sum not to exceed the thirty million 
dollars authorized in said section one of said chapter six 
hundred and ninety-nine is hereby made available for the 
purposes of said chapter six hundred and ninety-nine and of 
this act, for transfer by the commission on administration and 
finance, at its discretion, for the following purposes : — 

(1) To the director of civil defense such amounts as may 
be necessary to provide for expenditures or reimbursements 
and other expenses authorized by section three of this act; 

(2) To the commissioner of corporations and taxation such 
amounts as may be necessary to provide for reimbursements 
authorized by section four 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 or rain damage, including the expense 
erf 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 established 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 or rain damage. 

Section 2. Any unencumbered funds remaining in the 
hands of the commission on June thirtieth, nineteen hundred 
and fifty-seven, shall be available for the payment of any 
principal and interest due thereafter on bonds authorized by 
this act. 



Acts, 1956. — Chap. 208. 113 

Section 3. The commonwealth shall, subject to the 
approval of a board consisting of the director of civil de- 
fense, the director of accounts of the department of corpora- 
tions and taxation, the commissioner of administration, and 
the commissioner of public works, reimburse or allocate for 
the benefit of the political subdivisions of the commonwealth 
affected by said August and October rains and floods, an 
amount equal to their obligations of repayment of any in- 
debtedness incurred under the provisions of chapter sLx hun- 
dred and thirty-nine of the acts of nineteen hundred and 
fifty, as amended, or incurred under the provisions of sec- 
tion 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 rains and 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 chap- 
ter forty-four of the General Laws as a result of an emer- 
gency created by said rains and floods, and, in addition, the 
commonwealth may expend amounts approved by said board 
referred to above for purposes of disaster relief or repair of 
rain or flood damage, for the benefit of the several depart- 
ments, boards and commissions of the commonwealth and 
of the political subdivisions of the commonwealth affected 
by said August and October rains and floods; provided, that 
the total amount to be paid by the oonmaonwealth for such 
purposes shall not exceed thirty million dollars. 

Section 4. The board of assessors in each city or town 
affected by the rains and floods of August and October, 
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 provisions of section fifty-nine of 
chapter fifty-nine of the General Laws, grant an abatement 
in such amount as in the opinion of the assessors provides 
an equitable adjustment of taxes on property, both real and 
personal, wholly or partially destroyed by said rains and 
floods; or the assessors may request the state tax commis- 
sion 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, and which tax may be or has been 
levied against those who were the owners of record of prop- 
erty on January first, nineteen hundred and fifty-five, or 
subsequent owTiers who have assumed a part of the tax, as 
in their opinion provides an equitable adjustment. Not- 
withstanding any other provisions of law, application for 
abatement under this act shall be filed before October first, 
nineteen hundred and fifty-six. 

Section 5. On and after the effective date of this act, 
the state treasurer shall not sell any additional bonds under 



114 Acts, 1956. — Chap. 209. 

the provisions of section three of chapter six hundred and 
ninety-nine of the acts of nineteen hundred and fifty-five. 
To meet the expenditures necessary in carrying out the pro- 
visions of this act and the provisions of said chapter six 
hundred and ninety-nine of the acts of nineteen hundred 
and fifty-five, 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 cou- 
pons 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 ninety-nine 
and remaining unsold on the effective date of this act. All 
bonds issued by the commonwealth, as aforesaid, shall be 
designated on the face, August and October Flood Relief 
Loan Act of 1955-1956, and shall be on the serial payment 
plan for such maximum term of years, not exceeding 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 Constitution 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 earher than July first, nineteen hundred 
and fifty-six, nor later than June thirtieth, nineteen hundred 
and seventy-seven. Approved March 19, 1956. 

Chap. 209 An Act extending the time within which war allow- 
ances MAY BE PAID TO DEPENDENT RELATIVES OF PERSONS 
IN THE ARMED FORCES OF THE UNITED STATES DURING THE 
KOREAN EMERGENCY. 

Emergency Whereas, The deferred operation of this act would tend 

preamble. ^^ defeat its purposc, which is to provide for the extension 
for one year of the dehmiting date for payment of a war 
allowance for dependent relatives of persons in the armed 
forces of the United States during the Korean emergency, 
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 797 of the acts of 1950 
is hereby amended by striking out the first sentence, as 
amended by section 8 of chapter 403 of the acts of 1955, 
and inserting 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 



Acts, 1956. — Chaps. 210, 211. 115 

June twenty-fifth, nineteen hundred and fifty and January 
thirty-first, nineteen hundred and fifty-five, both dates in- 
clusive, until his discharge or release from said armed forces, 
or until January thirty-first, nineteen hundred and fifty- 
seven, whichever is earher, provided that said person, at the 
time of his entry into said armed forces or his recall thereto 
or his continuance therein at the expiration of a prior en- 
listment to the credit of the commonwealth, was a resident 
of this commonwealth and had been a resident thereof for 
not less than one year. 

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

Approved March 19, 1956. 



An Act authorizing the city of chicopee to compen- Qhav 210 

SATE the members OF ITS BOARD OF ALDERMEN. 

Be it enacted, etc., as follows: 

Section 1. Section 14 of chapter 239 of the acts of 1897 
is hereby amended by striking out the last sentence and 
inserting in place thereof the following sentence: — Its 
members shall receive in full compensation for their services 
as members of the board of aldermen such salary as may 
be established by ordinance, but not exceeding five hundred 
dollars per annum for each member. 

Section 2. This act shall be submitted for acceptance 
to the registered voters of the city of Chicopee at the mu- 
nicipal election in the year nineteen hundred and fifty-seven, 
in the form of the following question, which shall be printed 
on the official ballot to be used at said election: — "Shall 
an act passed by the general court in the year nineteen 
hundred and fifty-six, entitled 'An Act authorizing the 
city of Chicopee to compensate the members of its board of 
aldermen', be accepted?" If a majority of the votes cast 
on said question is in the affirmative, this act shall take full 
effect on the first Monday of January, nineteen hundred and 
fifty-eight, but not otherwise. 

Approved March 19, 1956. 



An Act making certain laws affecting veterans and Chav 211 

THEIR organizations APPLICABLE TO LOCAL CHAPTERS OF 
the MASSACHUSETTS DAUGHTERS OF THE AMERICAN 
REVOLUTION. 

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 (12), as most recently f 5"^;t1P' 
amended by section 1 of chapter 271 of the acts of 1955, amended. 
and inserting in place thereof the following clause: — 

(12) For erecting headstones or other monuments at the Cities and 
graves of persons who served in the war of the revolution, appropriate 



116 



Acts, 1956. — Chap. 211. 



money for cer- 
tain veterans' 
organizations 
for certain 
purposes. 



the war of eighteen hundred and twelve, the Seminole war, 
the Mexican war, the war of the rebelHon or the Indian wars 
or who served in the military or naval service of the United 
States in the Spanish American war or in World war I or 
in World war II or during the Korean emergency, or who 
served in the military service of the commonwealth in time 
of war; for acquiring land by purchase or by eminent do- 
main under chapter seventy-nine, purchasing, erecting, 
equipping or dedicating buildings, or constructing or dedi- 
cating other suitable memorials, for the purpose of properly 
commemorating the services and sacrifices of persons who 
served as aforesaid ; for the decoration of the graves, monu- 
ments or other memorials of persons who served as aforesaid 
and the proper observance of Memorial Day and other patri- 
otic holidays under the auspices of the following: — local 
posts of the Grand Army of the Republic, United Spanish 
War Veterans, The American Legion, Veterans of Foreign 
Wars of the United States and Jewish War Veterans of the 
United States, and of the American Veterans of World 
War II, AMVETS — Department of Massachusetts, and of 
the Seabee Veterans of America, Inc. — Department of 
Massachusetts, and of the Franco-American War Veterans, 
Inc., and of the Italian-American World War Veterans of 
the United States, Inc., and of the American Portuguese 
War Veterans Association, local chapters of the Disabled 
American Veterans of the World War and of the American 
Veterans' Committee, Inc., local units of the Massachusetts 
State Guard Veterans, Kearsarge Association of Naval Vet- 
erans, Inc., local garrisons of the Army and Navy Union of 
the United States of America, local chapters of the Massa- 
chusetts Society of the Sons of the American Revolution, 
local chapters of the Massachusetts Daughters of the Ameri- 
can Revolution, local detachments of the Marine Corps 
League, local clubs of the Yankee Division Veterans Asso- 
ciation, local camps or other duly organized units of the 
Sons of Union Veterans of the Civil War or local tents of 
The Daughters of Union Veterans of the Civil War or local 
chapters of American Gold Star Mothers, Inc., or local chap- 
ters of the Military Order of the Purple Heart, the Fleet 
Reserve Association, United States Navy, and The Society 
of the War of 1812 in the Commonwealth of Massachusetts 
(Incorporated), and the Pohsh-American Veterans of Massa- 
chusetts, Inc., and its afl&liated posts; or for keeping in 
repair graves, monuments, statuary, honor rolls or other 
memorials erected to the memory of such persons or of the 
firemen and pohcemen of the town who died from injuries 
received in the performance of their duties in the fire or 
police service or for decorating the graves of such firemen 
and policemen or for other memorial observances in their 
honor. Money appropriated in honor of such firemen may 
be paid over to, and expended for such purposes by, any 
veteran firemen's association or similar organization. 

Approved March 19, 1966. 



Acts, 1956. — Chaps. 212, 213, 214. 117 

An Act authorizing the use and operation of outdoor Chap. 212 

GOLF driving RANGES ON THE LORD's DAY. 

Be it enacted, etc., as follows: 

Chapter 136 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 2, as most recently amended by chapter ^tt! 'amended. 
11 of the acts of 1956, and inserting in place thereof the 
following section : — Section 2. Whoever on the Lord's day Use and 
is present at a game, sport, play or public diversion, except outdoor goK 
a concert of sacred music, a public entertainment duly li- driving 

, • 1 1 • . • f p • X ranges on the 

censed as provided m section tour or a tree open air concert Lord's day, 
given by a town, or by Ucense of the mayor or the selectmen, ^^^^°^^^^^- 
upon a common or pubUc park, street or square, or except 
a game of golf conducted on an open air golf course other 
than a miniature golf course, so called, or except a game of 
outdoor lawn bowhng or the playing of golf or driving on 
an outdoor golf driving range, so called, after one o'clock 
postmeridian, or except a game of tennis or dancing at a 
wedding or celebration of a religious 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 section and section 
three 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-sLx to 
thirty-two, inclusive, in any city or town in which said sec- 
tions twenty-six to thirty-two are then in force. 

Approved March 19, 1956. 

An Act authorizing the use of firecrackers for the Chap. 21^ 

CONTROL of DA^LA.GE TO CROPS BY BIRDS. 

Be it enacted, etc., as follows: 

Section 39 of chapter 148 of the General Laws, as amended ^do,' iIsT' 
by section 1 of chapter 291 of the acts of 1943, is hereby § 39,' etc.,' 
further amended by inserting after the word "firearms", in ''°'^° 
line 47, the following: — , or (9) to farmers and fruit growers Use of fire- 
who, having obtained a permit under section thirteen of "ntroi of°' 
chapter forty-eight, use firecrackers for the control of dam- damag^e to 
age to their crops by birds. Approved March 19, 1956. aulhorized!^ ^' 

An Act relative to violations of certain rules, orders Chav. 214: 

AND regulations OF THE BOARD OF FIRE PREVENTION 
regulations, of THE FIRE MARSHAL AND OF THE HEADS 
OF FIRE DEPARTMENTS. 

Be it enacted, etc., as follows: 

Section 30 of chapter 148 of the General Laws, as most g. l. (Ter. 
recently amended by section 13 of chapter 710 of the acts of Sl^'ameAcled?' 



118 Acts, 1956. — Chaps. 215, 216, 217. 

1945, is hereby further amended by striking out the first 

sentence and inserting in place thereof the foUomng sen- 

Penaityfor tcnce: — Violation of any lawful rule, order or regulation 

Srtain r^es, of the board or of any lawful order of the marshal or lawful 

reStf^ns. ^ule or Order of the head of a fire department, punishment 

whereof is not otherwise pro^dded for, shall be punished by 

a fine of not more than ten dollars for each day during which 

such violation continues after actual notice of the regulation, 

rule or order. Approved March 19, 1956. 



Chap. 21 5 An Act authorizing the northfield schools to hold 

ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows. • 

Chapter 57 of the acts of 1926, as amended by chapter 
308 of the acts of 1946, is hereby further amended by strik- 
ing out, in Une 6, the word "nine" and inserting in place 
thereof the word: — nineteen, — so as to read as follows: — 
The Northfield Schools, a corporation incorporated by chap- 
ter six hundred and nine of the acts of nineteen hundred 
and twelve, is hereby authorized to receive by gift, grant, 
devise, bequest or otherwise, or to purchase, and to hold 
and manage, property, real or personal, to an amount not 
exceeding nineteen million dollars in addition to the amount 
now authorized by law, and from time to time to invest and 
reinvest such personal property and the proceeds of any sale 
or exchange of such real or personal property. 

Approved March 19, 1956. 



C hap. 21Q An Act relative to the sale of motor vehicles which 

HAVE BEEN SUBMERGED IN WATER. 

Be it enacted, etc., as follows: 

Ed^iee^new Chapter 266 of the General Laws is hereby amended by 
§ 92A, ad'ded!^ inserting after section 92 the following section: — Section 
Penaity^or^^ g^A. Whoever, being engaged in the business of selling new 
vehides^which or uscd motor vehicles, sells a motor vehicle knowing that 
^ubmSd its engine or electrical parts have been submerged in water 
in water. without informing the purchaser of such fact, shall be pun- 

ished by a fine of not less than ten nor more than five hun- 
dred dollars. Approved March 19, 1956. 

Chap. 211 An Act relative to illegal rate practices by common 

CARRIERS BY MOTOR VEHICLE. 

Be it enacted, etc., as follows: 

Ed^i59B The second paragraph of section 6A of chapter 159B of 

§.6A. etc., ' the General Laws, as appearing in section 2 of chapter 353 
amended. ^^ ^j^^ ^^^^ ^£ ^g^^^ -^ i^g^eby amended by striking out, in 

fine 9, the word "section" and inserting in place thereof 
the word: — chapter, — so as to read as follows: — 



Acts, 1956. — Chaps. 218, 219. 119 

No shipper, consignee or any other person, in connection Certain 
with any transportation operation subject to this chapter, ca^r^rates, 
shall knowingly induce or persuade or enter into any con- regulated. 
tract or agreement with any common carrier by motor ve- 
hicle 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 established under the provisions of this chapter and 
contained in the pubhshed tariffs legally on file with the 
department. Approved March 19, 1956. 



An Act relative to certain gas mains, electric lines z^/,^^ oiq 
and other equipment of the boston gas company in ^' 
the city of boston. 

Be it enacted, etc., as follows: 

Section 1. The locations of the mains and lines for the 
transmission of gas and electricity heretofore erected or 
acquired by the Boston Gas Company in, upon, under or 
over the pubhc ways and places of the city of Boston, and 
the pipes, valves, governors, wires, cables, poles, piers, 
abutments, conduits, manholes and other structures, fixtures 
and appurtenances designed to sustain, protect or operate 
said mains and lines and actually in place on the effective 
date of this act are hereby made lawful notwithstanding any 
previous lack of vaUd locations therefor, or any informality 
in the proceedings relative to their location and erection; 
provided, that the validation aforesaid shall be effective with 
respect to the said gas mains and electric lines, in so far as 
they are shown on a map or maps, dated January first, 
nineteen hundred and fifty-six, on file with the PubUc 
Improvement Commission of the City of Boston; and pro- 
vided, further, that the validation aforesaid shall be effective 
with respect to the underground electric fines, in so far as 
they are shown on a map or maps, dated January first, 
nineteen hundred and fifty-six, on file with the Building 
Department of the City of Boston. 

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

Approved March 27, 1956. 



An Act authorizing the merger and union of the 

SECOND church IN SALEM WITH THE FIRST CONGREGA- 
TIONAL society in SALEM. 

Be it enacted, etc., as follows: 

Section 1. The Second Church in Salem, duly incor- 
porated by chapter two hundred and ten of the acts of 
eighteen hundred and ninety-nine, is hereby authorized to 
merge in and unite with the First Congregational Society in 
Salem, commonly known as the First Church in Salem, duly 



Chap.219 



120 Acts, 1956. — Chap. 219. 

incorporated by chapter thirty-five of the acts of eighteen 
hundred and seventeen, and said First Congregational 
Society in Salem shall in all respects be a continuance of, and 
the lawful successor to, said Second Church in Salem, with 
all the privileges, powers and immunities to which other 
rehgious corporations in the commonwealth are entitled. 

Section 2. Upon such merger and union, all property, 
real and personal, of said Second Church in Salem, including 
all bequests, devises, gifts and transfers of any kind hereto- 
fore made to it, shall vest in and may be received by said 
First Congregational Society in Salem, and all bequests, 
devises, gifts and transfers of any kind hereafter made to or 
for the benefit of said Second Church in Salem shall vest in 
said First Congregational Society in Salem, which shall have 
with respect to such property and with respect to such be- 
quests, devises, gifts and transfers, whether heretofore or 
hereafter made, the same powers, rights and privileges as 
would have been possessed by said Second Church in Salem 
had such merger and union not been effected; provided, 
however, that no property now held by, or hereafter be- 
queathed, devised or given to, said Second Church in Salem 
upon specific and hmited charitable uses and trusts, as dis- 
tinguished from property held by, or hereafter bequeathed, 
devised or given to, it for its general purposes, shall be so 
received unless authorized by decree of a court of competent 
jurisdiction. 

Section 3. Upon such merger and union, the trustees 
appointed pursuant to section three of chapter two hun- 
dred and ten of the acts of eighteen hundred and ninety- 
nine safely to invest and hold as a distinct and permanent 
fund the remainder of the proceeds received from the sale 
of the real estate, with the meeting house and pews, formerly 
owned by the Proprietors of the Independent Congrega- 
tional Church in Barton square in Salem, are hereby author- 
ized to apply the income of said fund substantially for the 
purposes for which said Independent Congregational Church 
in Barton square in Salem was established, but they shall 
not invest said fund in any obUgations of said First Congre- 
gational Society in Salem. The precise manner of applying 
the income for said purposes may be determined, upon ap- 
pHcation of any party interested, or of the attorney general, 
by the probate court for the county of Essex, and until said 
court shall otherwise order, said trustees shall pay all of said 
income in quarterly or semi-annual payments, as they may 
determine, to said First Congregational Society in Salem, to 
be by it paid to the minister of said First Congregational 
Society in Salem as his salary or a part thereof. In case a 
vacancy shall occur among said trustees, it shall be filled by 
said First Congregational Society in Salem. 

Section 4. The provisions of section three of chapter 
two hundred and ten of the acts of eighteen hundred and 
ninety-nine, as amended by chapter sixty-one of the acts of 
nineteen hundred and twenty-four, so far as inconsistent with 
the provisions of this act are hereby repealed. 



Acts, 1956. — Chap. 220. 121 

Section 5. The treasurer of said Second Church in 
Salem is hereby authorized and directed to execute and 
deUver all instruments and to perform all such other acts as 
may be necessary or proper to carry out and implement the 
merger and union authorized by this act. 

Section 6. The said First Congregational Society in 
Salem may, notwithstanding the provisions of its present 
by-laws, adopt new by-laws and therein determine the time 
for holding its annual meetings, the number, manner of 
election, duties and terms of office of its trustees, standing 
and other committees and other officers now existing or here- 
after to be established by by-law, and such other matters 
consistent with law. 

Section 7. The proceedings and votes of said Second 
Church in Salem and said First Congregational Society in 
Salem relating to the merger and union of said churches, and 
the acts and doings thereunder, are hereby ratified and con- 
firmed, notwithstanding any informalities, errors or omis- 
sions. 

Section 8. Upon the acceptance of this act by a majority 
vote of the members of said Second Church in Salem and said 
First Congregational Society in Salem present and voting at 
meetings duly called for the purpose, certified copies of the 
respective votes of acceptance, sworn to by their respective 
clerks, shall be filed for record in the registry of deeds for the 
southern district of the county of Essex and in the office of 
the state secretary, and upon such filing, said merger and 
union shall be complete, and thereupon the persons who are 
then members of said Second Church in Salem shall be and 
become members of said First Congregational Society in 
Salem. 

Section 9. This act shall take effect upon its passage. 

Approved March £7, 1956. 



An Act authorizing the city of boston to use certain 
park land for school purposes. 

Be it enacted, etc., as follows: 

Section 1. On or before December thirty-first, nineteen 
hundred and fifty-six, the city council of the city of Boston 
may, upon the recommendation of the parks and recreation 
commission of said city and with the approval of the mayor, 
transfer to the school committee of said city for the erection 
of a public school building to house the Girls' Latin School, 
and for all purposes incidental thereto, the care, custody, 
management and control of the whole or any part or parts 
of the following described premises now owned and held by 
said city for park or recreational purposes, to wit: — ■ A cer- 
tain parcel of park land in the Fenway section of Boston 
bounded by Park drive, Boylston street, Gaston square, 
Muddy river and Agassiz road, comprising approximately 
five hundred thousand square feet. 

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

Approved March 27, 1966. 



Chap.220 



122 Acts, 1956. — Chaps. 221, 222, 223, 224. 

Chap. 221 An Act relative to retirement benefits for certain 

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

Be it enacted, etc., as follows: 

Chapter 501 of the acts of 1955 is hereby amended by- 
striking out, in hne 9, the word "fifty-four" and inserting in 
place thereof the word : — fifty-three. 

Approved March 27, 1956. 

Chap. 222 An Act increasing the amount of property that may 

BE held by BABSON INSTITUTE. 

Be it enacted, etc., as follows: 

Babson Institute, a charitable corporation organized un- 
der chapter one hundred and eighty of the General Laws, is 
hereby authorized to hold real and personal estate to an 
amount not exceeding ten million dollars, to be used for the 
purposes of said corporation as set forth in its charter or cer- 
tificate of incorporation or in any amendment thereof. 

Approved March 27, 1966. 

Chap. 22^ An Act further increasing the amount of real and 

PERSONAL PROPERTY THAT MAY LAWFULLY BE HELD BY 
THE TRUSTEES OF GROTON SCHOOL, 

Be it enacted, etc., as follows: 

Section 3 of chapter 94 of the acts of 1893, as most re- 
cently amended by chapter 165 of the acts of 1930, is hereby 
further amended by striking out, in line 12, the word 
"twelve" and inserting in place thereof the word: — 'six- 
teen, — so as to read as follows : — ■ Section 3. Said corpora- 
tion is hereby authorized to take and receive by gift, grant, 
bequest, devise or otherwise, any lands, tenements or other 
estate, real or personal, to have and to hold the same upon 
the terms and for the purposes specified in the declaration of 
trust aforesaid; and also upon such terms and for such pur- 
poses and trusts as may be expressed in any deed or instru- 
ment of conveyance or gift made to said corporation: pro- 
vided, the same shall not be inconsistent with the terms and 
purposes of the declaration of trust aforesaid, made and de- 
clared by said trustees; and provided, the real and personal 
estate held by said corporation shall not exceed in value 
sixteen million dollars. Approved March 27, 1956. 

Chap. 224- An Act relative to retirement benefits for certain 

OFFICERS AND EMPLOYEES OF SAVINGS BANKS. 

Be it enacted, etc., as follows: 

Chapter 501 of the acts of 1955 is hereby amended by in- 
serting after the word "pay", in line 7, the words: — or pro- 
vide for payment by an annuity. 

Approved March 27, 1966. 



Acts, 1956. — Chaps. 225, 226, 227, 228, 229. 123 



An Act relative to the reporting of certain accidents nhnnj 225 

ARISING out of THE OPERATION OF MOTOR VEHICLES. ^' 

Be it enacted, etc., as follows: 

Chapter 90 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 26, as amended by section 2 of chapter ^tc'^'a^^u^^jed 
570 of the acts of 1953, and inserting in place thereof the 
following section : — Section 26. Every person operating a Reports of 
motor vehicle which is in any manner involved in an acci- certain motor 
dent in which any person is killed or injured therein, or in accidents. 
which there is damage in excess of two hundred dollars to ''^i^'"^'^- 
any one vehicle or other property, shall forthwith report in 
writing to the registrar on a form approved by him. The 
registrar may revoke or suspend the license of any person 
violating this section. Approved March S7, 1956. 

An Act to authorize the trustees of monson academy nhnrry 226 

TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. ^* 

Be it enacted, etc., as follows: 

The Trustees of Monson Academy, incorporated by chap- 
ter ten of the acts of the year eighteen hundred and four, 
are hereby authorized to hold real and personal estate the 
yearly income from which shall not exceed fifty thousand 
dollars. Approved March 27, 1956. 

An Act relative to the clube recreio madeirense, inc. fjhQr) 227 

Be it enacted, etc., as follows: 

Notwithstanding any other provisions of law, the licens- 
ing board of the city of Cambridge is hereby authorized to 
issue to Clube Recreio Madeirense, Inc. a Hcense to sell all 
alcoholic beverages to be drunk on its premises to members 
and bona fide guests only. Said license shall not be trans- 
ferable to any other Hcensee. Approved March 27, 1956. 



Chap,228 



An Act designating lake anthony in the town of oak 
bluffs as oak bluffs harbor. 

Be it enacted, etc., as follows: 

Lake Anthony in the town of Oak Bluffs shall hereafter 
be known and designated as Oak Bluffs Harbor and such 
designation shall appear on maps and similar publications 
pertaining to that area. Approved March 27, 1956. 

An Act authorizing contracts with other states for fhn^ 22Q 

THE JOINT RETURN OF PAROLE AND PROBATION VIOLATORS. ^' 

Be it enacted, etc., as follows: 

Chapter 127 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 151G, inserted by section 1 of chapter ff isih^'isiY 
307 of the acts of 1937, the following two sections: — Section added. 
151 H. The officer designated by the governor pursuant to 



124 



Acts, 1956. — Chaps. 230, 231. 



Powers and 
duties of the 
administrator 
of the inter- 
state compact 
for the 
supervision 
of parolees 
and proba- 
tioners. 



Contracts 
with other 
states for the 
joint return 
of parole and 
probation 
violators. 



paragraph (5) of section one hundred and fifty-one A shall 
be the administrator of the interstate compact for the super- 
vision of parolees and probationers. He shall have power 
and authority to deputize any person regularly employed as 
a parole or probation officer by another state to act as an 
officer and agent of this commonwealth in effecting the 
return of any person who has violated the terms and condi- 
tions of parole or probation as granted by this common- 
wealth. In any matter relating to the return of such a per- 
son, any agent so deputized shall have all the powers of a 
police officer of this commonwealth. Any deputization pur- 
suant to this section shall be in writing, and any person au- 
thorized to act as an agent of this commonwealth pursuant 
hereto shall carry formal evidence of his deputization and 
shall produce the same upon demand. 

Section 1511. The administrator of the interstate com- 
pact for the supervision of parolees and probationers may, 
subject to the approval of the governor and council, enter 
into contracts with similar officials of any other state or 
states for the purpose of sharing an equitable portion of the 
cost of effecting the return of any person who has violated 
the terms and conditions of parole or probation as granted 
by this commonwealth. Approved March 27, 1956. 



Chap. 2^0 An Act making the law relative to corrupt practices 

APPLY TO ALL PUBLIC ELECTIONS. 

Be it enacted, etc., as follows: 

Section 29 of chapter 55 of the General Laws, as appearing 
in section 10 of chapter 537 of the acts of 1946, is hereby 
amended by striking out, in lines 2 and 3, the words " , except 
of town officers in towns of less than ten thousand inhabit- 
ants", — so as to read as follows: — Section 29. Sections 
one to twenty-eight, inclusive, shall apply to all public elec- 
tions and to elections by the general court and by city coun- 
cils and by either branch thereof, and, so far as applicable, 
to the nomination by primaries, caucuses, conventions and 
nomination papers of candidates to be voted for at such 
elections. The term "poUtical committee" as defined in 
section one of chapter fifty shall not apply to the proprietors 
and publishers of publications issued at regular intervals, in 
respect to the ordinary conduct of their business, nor shall 
they, in respect thereto, be subject to sections two to five, 
inclusive, of this chapter. Approved March 27, 1956. 



G. L. (Ter. 
Ed.), 55, § 29, 
etc., amended. 



Law relative 
to corrupt 
practices to 
apply to all 
public 
elections. 



C hap. 2S1 An Act authorizing the appointment as special police 

OFFICERS OF EMPLOYEES OF THE DEPARTMENT OF PUBLIC 
HEALTH AND EMPLOYEES OF THE VARIOUS INSTITUTIONS 
UNDER THE JURISDICTION OF THE DEPARTMENT. 

Be it enacted, etc., as follows: 
Chapter 147 of the General Laws is hereby amended by 



G. L. (Ter. 
Ed.), 147, new 



§ ibc. added, inserting after section lOB, inserted by chapter 536 of the 



authorized. 



Acts, 1956. — Chap. 231. 125 

acts of 1953, the following section: — Section IOC. The Appointment 
commissioner may, at the request of the commissioner of poilcrofficers 
public health, appoint as special police officers employees in department 
of the department of public health or employees of the vari- Liith,'*' 
ous institutions under its jurisdiction. Such special police 
officers shall serve for one year, subject to removal by the 
commissioner, and they shall have the same power to make 
arrests as the state police for any criminal offence committed 
in or upon lands or structures within the charge of the de- 
partment of public health or the various institutions under 
its jurisdiction. They shall report to the commissioner as 
to their official acts at such times and in such manner as he 
may require. They shall serve without pay, except their 
regular compensation as employees of the department of 
public health or the various institutions under its jurisdiction, 
and they shall receive no fees for services or return of any 
criminal process. Approved March 27, 1966. 

The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, March 28, 1956. 



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 XL VIII of the Amend- 
ments to the Constitution, the Pteferendum II, Emergency 
Measures, hereby declare that in my opinion the immediate 
preservation of the pubUc safety and convenience requires 
the law being Chapter 231 of the Acts of the current year, 
entitled, "An Act authorizing the Appointment as Special 
Police Officers of Employees of the Department of Pubfic 
Health and Employees of the Various Institutions under the 
Jurisdiction of the Department", and the enactment of which 
received my approval March 27, 1958, 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 leave our institutions under the control of the Depart- 
ment of Public Health without adequate and sufficient police 
protection. 

Very truly yours, 

Christian A. Herter, 
Governor of the Commonwealth. 



Office of the Secretary, Boston, March 28, 1956. 

I, Leo M. Harlow, Deputy Secretary of the'' Common- 
wealth, hereby certify that the accompanying statement was 
filed in this office by His Excellency the Governor of the 
Commonwealth of Massachusetts at eleven o'clock and 
thirty minutes, a.m., on the above date, and in accordance 



126 



Acts, 1956. — Chaps. 232, 233. 



with Article Forty-eight of the Amendments to the Consti- 
tution said chapter takes effect forthwith, being chapter two 
hundred and thirty-one of the acts of nineteen hundred and 
fifty-six. 

Leo M. Harlow, 
Deputy Secretary of the Commonwealth. 



G. L. (Ter. 
Ed.), 53, new 
§ 48A, added. 

Nomination 
of certain 
candidates 
at state 
primaries. 



Chap. 232 An Act relative to the nomination of certain candi- 
dates AT STATE PRIMARIES. 

Be it enacted, etc., as follows: 

Chapter 53 of the General Laws is hereby amended by 
inserting after section 48 the following section: — Section 
48 A. If a candidate for any office to be filled at a state 
election is nominated otherwise than by a political party, 
and files for the same office at the same election a certificate 
of nomination or nomination papers of either of the two 
major political parties, said party nomination papers or cer- 
tificate of nomination shall be declared invalid and of no 
account, except as hereinafter provided. 

Any person who is a candidate for any office to be filled 
at a state election shall make a choice as to whether he in- 
tends to be a candidate for nomination of a major political 
party or as a state election candidate, generally referred to 
as an independent candidate, by the withdrawal of his name 
as a candidate for nomination of such party or as a candidate 
for state election, as the case may be, in the manner provided 
by section thirteen. If a person files as a state election or 
independent candidate, and likewise files nomination papers 
for nomination of either of the two major parties, and fails 
to make such choice of withdrawal, he shall not have his name 
printed on the ballot to be used in the state primary as a 
candidate of either of the two major political parties, or 
printed on the ballot to be used at state elections as a state 
election or independent candidate unless he was nominated 
at the primary by having his name inserted on the ballot, 
either by writing or by a paster or sticker, and accepted said 
nomination. Approved March 27, 1956. 



Chap. 233 An Act increasing the number of trustees of brandeis 

UNIVERSITY. 

Be it enacted, etc., as follows: 

Section 1 of chapter 326 of the acts of 1937 is hereby 
amended by striking out, in line 13, the word "twenty-one" 
and inserting in place thereof the word: — twenty-nine, — 
so that the last sentence will read as follows: — • Said trustees 
shall be self-perpetuating and shall have power as shall be 
required, to elect a president, vice-president, secretary, and 
treasurer, and such other officers as may be necessary, and 



Acts, 1956. — Chaps. 234, 235. 127 

to declare the duties and tenures of their respective offices; 
provided, nevertheless, that the number of the members shall 
not be greater than twenty-nine. 

Approved March 28, 1956. 

An Act relative to educational certificates issued nh^^-. 9^4 
TO minors between sixteen and eighteen years of ^ ■ 

AGE. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section 95 of chapter g. l. (Ter. 
149 of the General Laws, as amended by section 9 of chap- ftc'.!'am^nded^' 
ter 133 of the acts of 1945, is hereby further amended by 
striking out, in hne 2, the word "twenty-one" and inserting 
in place thereof the w^ord : — eighteen. 

Section 2. The second paragraph of said section 95, as g. l. (Ter. 
appearing in the Tercentenary Edition, is hereby amended ^tc"!'fi^ulel^^' 
by striking out, in hnes 22 and 23, the word "twxnty-one" amended. 
and inserting in place thereof the word : — eighteen. 

Approved March 28, 1956. 

An Act authorizing the city of Worcester to borrow Chav.2Zb 
money outside the debt limit for flood protection 
purposes. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester may, within a period 
of ten years from the date of passage of this act, incur in- 
debtedness in an am.ount not exceeding five million dollars 
for acquiring by purchase or under the provisions of chapter 
seventy-nine of the General Laws, any right, title or interest 
in land and structures for use in connection with the protec- 
tion of life and property against floods and for the construc- 
tion of any project for said purpose and also for the cost of 
surveys, engineering fees, architects' fees, plans and super- 
vision, reasonably and necessarily related thereto, and may 
issue bonds or notes therefor which shall bear on their 
face the w^ords Worcester Flood Protection Loan Act of 1956. 
Each authorized issue shall constitute a separate loan, and 
such loans shall be payable in not more than thirty years 
from their dates of making. Indebtedness incurred under 
this act shall be in excess of the statutory limit provided for 
by chapter forty-four of the General Laws, but shall, except 
as provided herein, be subject to the provisions of said 
chapter forty-four, excluding, however, the limitation con- 
tained in the first paragraph of section seven thereof. 

Section 2. None of the moneys authorized to be bor- 
rowed hereunder may be disbursed by the treasurer of the 
city of Worcester unless and until there has been submitted 
with each bill or invoice or demand for payment an affidavit 
signed, subject to the penalties of perjury, by the com- 
missioner of public works or other responsible official of the 



128 Acts, 1956. ~ Chap. 236. 

city, as the case may be, that the work for which payment 
is demanded has been performed in accordance with all 
plans, specifications and conditions of the contract and of the 
rules of the department of public works of said city, or that 
any goods, supplies, material or equipment furnished with 
said work and for which goods, supplies, materials and equip- 
ment payment is demanded conform to the requirements of 
any contract executed for the same and more particularly, 
without limiting the generality of the foregoing, with respect 
to price, quality and specifications. 

Section 3. No portion of the proceeds of any loan 
authorized to be issued under authority of section one of this 
act, in excess of five per cent of said loan, shall be applied to 
the payment of any indirect or administrative costs of said 
project. 

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

Approved April S, 1956. 



Chap.2Sd An Act relative to funds for highw^ay work made 

NECESSARY BY THE RAINS OF AUGUST EIGHTEEN AND 
NINETEEN AND OCTOBER FOURTEEN, FIFTEEN, SIXTEEN 
AND SEVENTEEN, NINETEEN HUNDRED AND FIFTY-FIVE, 
AND BY THE FLOODS CAUSED BY SAID RAINS. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to provide immediately for 
the relief of the disaster caused by the rains of August and 
October, nineteen hundred and fiity-five, and by the floods 
caused by said rains, 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. To provide for certain repairs upon public 
highwa3's in the areas stricken by the rains of August eight- 
eenth and nineteenth and October fourteenth, fifteenth, six- 
teenth and seventeenth, nineteen hundred and fifty-five, and 
by the floods caused by said rains, as more clearly specified 
hereinafter, to be in addition to the purposes specified in sec- 
tion one of chapter six hundred and ninety-eight of the acts 
of nineteen hundred and fifty-five, a sum not to exceed the 
twenty-five million dollars authorized in said section one of 
said chapter six hundred and ninety-eight is hereby made 
available for the purposes of said chapter six hundred and 
ninetj'^-eight and of this act, for transfer by the commission 
on administration and finance, at its discretion, for the fol- 
lo'^nng purposes: — 

(1) To the director of civil defense such amounts as may 
be necessary to proidde for expenditures or reimbursements 
and other expenses authorized by section two of this act; 

(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 



Acts, 1956. — Chap. 236. 129 

amounts as in the opinion of the commission are necessary 
and have been expended therefrom for purposes of constiTic- 
tion, reconstruction or repair of public highways damaged by 
said rains and floods. 

Section 2. 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 
benefit of the political subdivisions of the commonwealth 
affected by said August and October rains and floods, an 
amount equal to their obligations of repayment of any in- 
debtedness incurred under the pro\'isions of chapter six hun- 
dred 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 emergencj' highway repairs necessitated by said rains and 
floods, and shall reimburse them for any expenditures from 
available funds and from sums raised b}'' 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 thirt}- 
one of chapter forty-four of the General Laws as a result 
of such repairs, and, in addition, the commonwealth may 
expend amounts approved by said board referred to above 
for purposes of construction, reconstruction or repair of pub- 
He highways damaged b}^ said rains and floods for the bene- 
fit of the political subdi\dsions of the commonwealth af- 
fected by said August and October rains and floods ; pro\'ided, 
that the total amount to be paid by the commonwealth for 
such purposes shall not exceed twenty-five million dollars. 

Section 3. On and after the effective date of this act, 
the state treasurer shall not sell any additional bonds under 
the provisions of section two of chapter six hundred and 
ninety-eight of the acts of nineteen hundred and fifty-five. 
To meet the expenditures necessary in carr\dng out the pro- 
visions of this act and the provisions of said chapter six 
hundred and ninetj-eight, as amended by chapter seven hun- 
dred and thirty-nine of the acts of nineteen hundred and fifty- 
five, 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 at- 
tached, as he may deem best, to an amount to be specified 
by the governor and council from time to time, but not ex- 
ceeding, in the aggregate, the balance authorized to be is- 
sued under chapter six hundred and ninety-eight and re- 
maining unsold on the effective date of this act. All bonds 
issued by the commonwealth, as aforesaid, shall be desig- 
nated on the face. Highway Flood Rehef Loan, Act of 1955- 
1956, and shall be on the serial payment plan for such maxi- 
mum term of years not exceeding twenty years, the initial 
maturities of which shall be payable not later than one year 



130 Acts, 1956. — Chaps. 237, 238. 

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 Constitution of the Commonwealth, the 
maturities thereof to be so arranged that the amounts pay- 
able 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 payable 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 eighty-one. 

All interest payments and payments on account of prin- 
cipal on such obhgations shall be paid from the Highway 
Fund; provided, that notwithstanding the foregoing, such 
obligations shall be general obhgations of the commonwealth. 

Section 4. The proceeds of the additional excise levied 
under the provisions of chapter sLx 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 pur- 
poses specified in said acts, shall be used in so far as avail- 
able toward meeting the interest and serial payments on 
the bonds of the commonwealth issued under authority of 
section three of this act. Approved April S, 1956. 

Chap. 237 A-N Act relative to the salaries of superintendents 

OF SCHOOLS IN UNIONS AND OF TWELVE GRADE REGIONAL 
SCHOOL DISTRICTS. 

Be it enacted, etc., as follows: 

G-L.(Ter^ Section 64 of chapter 71 of the General Laws, as most 

etc!, 'amended', recently amended by chapter 565 of the acts of 1955, is 
hereby further amended by striking out the first sentence 
and inserting in place thereof the following sentence : — 
Salary of The Salary of the superintendent in such a union or in any 

of schooiT '^^^ twelve grade regional school district shall be not less than the 



in union. 



amounts provided in the following schedule : — sixty-four 
hundred dollars for the first year of service, sixty-six hundred 
dollars for the second year, sixty-eight hundred dollars for 
the third year, seven thousand dollars for the fourth year. 

Approved April 3, 1956. 

Chap.2S8 An Act relative to the dissolution of central club, 

INC. OF somi;rville. 

Be it enacted, etc., as follows: 

The corporation organized under general law on the 
eleventh day of March in the year nineteen hundred and 
forty-six as Central Club, Inc. of Somerville is hereby dis- 
solved. Approved April 3, 1966. 



Acts, 1956. — Chaps. 239, 240. 131 

An Act relative to appeals to the appellate tax C hap. 2S9 

BOARD FROM THE ACTION OF THE STATE TAX COM^USSION 
UNDER THE CIGARETTE EXCISE LAW. 

Be it enacted, etc., as follows: 

Section 24 of chapter 64C of the General Laws, as appear- g^^-^J^''- 
ing in section 1 of chapter 547 of the acts of 1945, is hereby §2'4,'etc.,' 
further amended by striking out, in hnes 2 and 14, the word amended. 
"commissioner" and inserting in place thereof, in each in- 
stance, the words : — state tax commission. 

Approved April 3, 1956. 



C hap. 2A0 



An Act relative to proper clearance of tracks in 
railroad yards. 

Whereas, The deferred operation of this act would tend ^^^^^^i^*'^ 
to defeat its purpose which is to make immediately effective 
certain safety measures relating to railroad yards, therefore 
it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public safety and con- 
venience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 160 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 134A, as most recently f isiifetc, 
amended by chapter 239 of the acts of 1954, and inserting amended. 
in place thereof the following section: — Section 134A. cie&Tanceoi 
Tracks owned and maintained by a railroad corporation in tracks'! "'^"'^'^ 
a railroad yard shall have a minimum distance between the regulated. 
center lines of parallel tracks of not less than thirteen feet, 
and the center line of any ladder track, or lead track, con- 
structed parallel to any other adjacent track shall have a 
clearance of not less than seventeen feet from the center 
line of such other track. Platforms or buildings may be 
constructed or maintained at a minimum distance of five 
feet nine inches from the center line of the track adjacent 
to any such platforms or buildings, providing a clearance of 
not less than eight feet six inches is maintained on the 
opposite side of such track to any fixed structure, or the 
track centers to an adjacent track are not less than thirteen 
feet. 

No other structures or obstructions shall be maintained 
in such yard nearer than eight feet and six inches from the 
center line of any track; provided, that signals and switch 
stands therein which are located between tracks and are 
three feet or less in height above the top of the rail may 
have a clearance of not less than six feet and six inches from ' 

the center line of track where it is not practicable to provide • 
the aforesaid clearance of eight feet and six inches. No 
bridges, viaducts or other obstructions shall be constructed, 
and so far as practicable, no bridges, viaducts or other ob- 
structions shall be reconstructed over the tracks in a railroad 
yaxd at a height less than twenty-two feet and six inches 



132 Acts, 1956. — Chap. 241. 

measured from the top of the rail. Upon petition of any 
railroad corporation, the state department of public works, 
the metropolitan district commission, the county commis- 
sioners of any county, the selectmen of any town, the city 
manager of any city having a Plan D or E charter, or the 
mayor of any other city, the department of public utilities, 
after due notice and public hearing, may grant an exemption 
from any and all requirements of this section; pro\dded, 
however, that any exemption so granted shall be limited to 
the specific location described in said petition; and pro- 
vided, further, that the department of pubhc utilities shall 
fix and prescribe reasonable regulations governing the loca- 
tion exempted. 

Section 2. Notwithstanding the provisions of section 
one hundred and thirty-four A of chapter one hundred and 
sixty of the General Laws, as appearing in section one of 
this act, tracks, platforms, buildings, structures, signals, 
STvitch stands and other obstructions maintained by a rail- 
road corporation in a railroad yard on the effective date of 
this act may continue to be maintained until January first, 
nineteen hundred and sixty-six, mthout conforming to the 
provisions of said section one hundred and thirty-four A; 
provided, however, that such corporation shall, in the current 
year and in each of the years nineteen hundred and fifty- 
seven, nineteen hundred and fifty-eight, nmeteen hundred 
and fifty-nine, nineteen hundred and sixty, nineteen hun- 
dred and sixty-one, nineteen hundred and sixty-two, nineteen 
hundred and sixty-three, nineteen hundred and sixty-four, 
nineteen hundred and sixty-five, relocate a minimum of not 
less than ten per cent of its tracks to conform to said pro- 
visions, and shall, on or before December first in each of 
said years, report to the department of public utilities the 
progress made by it in making said track relocations. Over- 
head bridges and viaducts existing or under construction 
on the effective date of this act, and the bridges to be con- 
structed on the Central Artery, so called, in Boston, Cam- 
bridge and Somerville, shall be exempt from the proWsions 
of this act. The provisions of this act shall not apply to 
the North Station or the South Station, so called, in the city 
of Boston, or to any other passenger station established and 
maintained by any railroad corporation in the common- 
wealth. Approved April 5, 1956. 



Chap. 24:1 An Act authorizing the county commissioners of the 

COUNTY OF BRISTOL TO HAVE PLANS AND SPECIFICATIONS 
PREPARED FOR A NEW COURT HOUSE IN THE CITY OF 
TAUNTON, 

I 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing adequate court 
house accommodations and facilities for the first district 
court of Bristol in the city of Taunton, the county com- 



Acts, 1956. — Chap. 242. 133 

missioners of the county of Bristol are hereby authorized 
and directed to cause plans and specifications to be prepared 
for a new court house. For said purposes, said commis- 
sioners may expend such sums, not exceeding twenty-five 
thousand dollars, as may be provided therefor in the appro- 
priations for the current year for said county. 

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

Approved April 5, 1956. 



Chap.2^2 



An Act relating to loans in the commercial depart- 
ment OF trust companies secured by first mortgages 

ON REAL estate. 

Be it enacted, etc., as follows: 

Section 1. Section 33 of chapter 172 of the General g. l. (Ter. 
Laws, as most recent]}'" amended by section 1 of chapter §33,'eu:",' 
484 of the acts of 1941, is hereby further amended by strik- amended.' 
ing out, in line 5, the words "situated within the common- 
wealth", — so that the first sentence will read as follows: — 
Such corporation may, subject to the limitations of sections investment 
thirty 4our, forty and forty-three, advance money or credits, ?rvLT^^ °^ 
whether capital or general deposits, on real estate and on companies. 
personal security, on terms to be agreed upon, and also in- 
vest its money or credits, whether capital or general deposits, 
in the bonds or other evidences of indebtedness of corpora- 
tions or of associations or trusts, both as defined in chapter 
one hundred and eighty-two, or of governments, or political 
subdivisions thereof, both foreign and domestic, or in the 
capital stock of any other trust compan}' or a national bank- 
ing association incorporated or doing business within the 
commoxiwealth. 

Section 2, Said chapter 172 is hereby further amended g- l- (Ter. 
by striking out section 34, as most recently amended by chap- § si,' etc.,' 
ter 197 of the acts of 1955, and inserting in place thereof the amended. 
following section: — Section 34. Any such corporation, in ^o°mmerdli^ 
its commercial department, may make, acquire by purchase, department 
participate in or ser^dce first mortgage real estate loans of complfnies 
the following classes: — bj^&-st 

(a) a mortgage loan on improved farm land, located within mortgages on 
the commonwealth or within a radius of twenty-five miles of regufat^d^' 
its main office without regard to geographical location, not 
exceeding fifty per cent of its appraised value and payable 
in or within three years from the date of the note, or acquisi- 
tion, except when by its terms the note requires repaj^ment 
of not less than two per cent of the principal each j^ear, such 
loan may be payable in or within five years from the date of 
the note, or acquisition; 

(6) a mortgage loan on improved real estate, located in 
the continental United States, not exceeding fifty per cent 
of its appraised value and payable in or ^vdthin five years 
from the date of the note, mortgage or other such instru- 
ment, or acquisition thereof; 



134 Acts, 1956. — Chap. 242. 

(c) a mortgage loan on improved real estate, located within 
the commonwealth or within a radius of twenty-five miles of 
its main office without regard to geographical location, not 
exceeding sixty per cent of its appraised value and payable 
in or within three years from the date of the note, or acquisi- 
tion, except when by its terms the note requires repayment 
of not less than two per cent of the principal each year, such 
loan may be payable in or within five years from the date of 
the note, or acquisition; 

(d) a mortgage loan on improved real estate, located in the 
continental United States, not exceeding sixty-six and two 
thirds per cent of its appraised value; provided, that the 
terms of the note, mortgage or other such instrument shall 
require payments in periodic instalments, at intervals not 
exceeding three months, sufficient to amortize at least forty 
per cent of the principal in or within ten years or in periodic 
instalments, at intervals not exceeding three months, suffi- 
cient to fully amortize the principal in or within twenty 
years from the date of the note, mortgage or other such in- 
strument, or acquisition thereof; 

(e) a mortgage loan on real estate, located in the conti- 
nental United States, when the note has been endorsed for 
insurance, or a commitment to so insure has been given, by 
the federal housing administrator or is guaranteed in v/hole 
or in part by the United States of America under the Serv- 
icemen's Readjustment Act of 1944, as amended. 

The aggregate amount invested in real estate loans by 
such corporation under this section shall not exceed seven 
per cent of its total deposits nor shall the amount so invested 
exceed the limits with respect to the liability of one borrower 
as set forth in section forty. 

All loans on real estate located outside the commonwealth, 
except those loans made within a radius of twenty-five miles 
of the main oflSce which are not governed by the pro\'isions 
of section fifty-one of chapter one hundred and sixty-seven 
or chapter forty-six of the acts of nineteen hundred and forty- 
five, as amended, and all participation loans and servicing 
arrangements made pursuant to this section shall be subject 
to such regulations as the commissioner may deem necessary. 

A loan or mortgage to be originated by such corporation 
may not be considered until a written application has been 
presented to it containing such information as the corpora- 
tion may, from time to time, deem necessary. 

No loan shall be made, acquired by purchase or partici- 
pated in until at least two members of the committee charged 
with the responsibility for making such investments shall 
have certified, in writing, according to their best judgment 
the value of the property to be mortgaged. Such value may, 
however, be determined upon the signed opinion, in writing, 
of an appraiser approved loy said committee. 

The provisions of this section shall not apply to mort- 
gages taken in good faith by way of security for debts to 
such corporation previously contracted, or to loans made 



Acts, 1956. — Chaps. 243, 244. 135 

by such corporation to secure the payraent of a portion of 
the purchase price of real estate acquired by such corpora- 
tion by foreclosure, or otherwise. 

Section 3. Section 34A of said chapter 172, inserted by g. l. (Xer. 
chapter 150 of the acts of 1952, is hereby repealed. § siA^ltc., 

Approved April 5, 1966. repealed. 



An Act requiring regional school districts to give Chav.2'iS 

CERTAIN notices PRIOR TO INCURRING CERTAIN DEBT. 

Be it enacted, etc., as follows: 

Section 16 of chapter 71 of the General Laws is hereby g. l. (Ter. 
amended by striking out clause (d), as amended by chapter ftci^'am^ided. 
65 of the acts of 1955, and inserting in place thereof the 
following clause: — 

(d) To incur debt for the purpose of acquiring land and ^^^o°|} ^j.- 
constmcting, reconstructing, adding to, and equipping a to give certain 
school building or buildings for a term not exceeding twenty fo Vnc^?[ig'^ 
years or for the purpose of remodehng and making extraordi- certain debt. 
nary repairs to a school building or buildings for a term not 
exceeding ten years; pro\dded, however, that any indebted- 
ness so incurred shall not exceed an amount approved by the 
emergency finance board; and provided, further, that written 
notice of the amount of the debt and of the general purposes 
for which it was authorized shall be given to the board of 
selectmen in each of the towns comprising the district not 
later than seven days after the date on which said debt was 
authorized by the district committee; and no debt may be 
incurred until the expiration of thirty days from the date on 
which said debt was so authorized; and prior to the expira- 
tion of said period any member town of the regional school 
district may call a town meeting for the purpose of express- 
ing disapproval of the amount of debt authorized by the 
district committee, and if at such meeting a majority of the 
voters present and voting thereon express disapproval of the 
amount authorized by the district committee, the said debt 
shall not be incurred and the district school committee shall 
thereupon prepare an alternative proposal and a new or 
revised authorization to incur debt. 

Approved April 6, 1956. 



An Act relative to the collection and receipt by Chap. 2^^ 
savings banks and co-operative banks of deposits 

BY payroll deduction AND EXEMPTING SUCH DEPOSITS 
FROM THE OPERATION OF THE LAWS REGULATING ASSIGN- 
MENT OF WAGES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 168 of the General Laws is hereby EdV'i68%23 
amended by striking out section 23, as appearing in section 1 etoi/ameAded.' 
of chapter 432 of the acts of 1955, and inserting in place 



136 



Acts, 1956. — Chap. 245. 



Collection and 
receipt by 
savings bunks 
of deposits by 
payroll 
deduction. 



G. L. (Ter. 
Ed.), 170, new 
§ 12A, added. 
Collection and 
receipt by 
co-operative 
banks of 
deposits by 
payroll 
deduction. 

G. L. (Ter. 
Ed.), 154, 
§ 8, etc., 
amended. 



Certain 
exemptions 
from laws 
regulating 
assignment 
of wages, etc. 



thereof the following section: — Section 23. Such corpora- 
tion under regulations made by it and approved by the com- 
missioner may arrange with any employer for the collection 
and receipt of deposits by payroll deduction to be credited 
to the individual or joint deposit accounts of his employees 
making the deposits. 

Section 2. Chapter 170 of the General Laws is hereby 
amended by inserting after section 12 the following section: 
— Section 12 A. 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 or joint 
deposit accounts of his employees making the deposits. 

Section 3. Section 8 of chapter 154 of the General Laws, 
as most recently amended by chapter 631 of the acts of 1955, 
is hereby further amended by inserting after the word 
"union", in line 6, the words: — •, deposits in any savings 
bank or co-operative bank, — 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 hun- 
dred and forty-nine, shall be applicable to or control or pro- 
hibit the deduction of labor or trade union or craft dues or 
obligations, or making deposits in or for the repayment of 
any loan from any credit union, deposits in any savings bank 
or co-operative bank, subscriptions to a non-profit hospital 
service corporation estabhshed under chapter one hundred 
and seventy-six A, or to a medical service corporation estab- 
lished under chapter one hundred and seventy-six B, or to 
a charitable corporation, 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 pursuant to an employee stock purchase 
plan, from wages of an employee by an employer in accord- 
ance with a written request made by the individual em- 
ployee; 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 vahd 
against a trustee process. Approved April 6, 1956. 



Chap. 24:5 An Act making appropriations for the fiscal year 

ENDING JUNE THIRTIETH, NINETEEN HUNDRED AND FIFTY- 
SIX, supplementing CERTAIN EXISTING APPROPRIATIONS 
FOR THE HIGHWAY DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1, To provide for supplementing certain appro- 
priations previously made for the highway department, the 
sums set forth in section two of this act are hereby made 
available from the Highway Fund to said department, to be 
in addition to any amounts at present available for the pur- 
pose, subject to the provisions of law regulating the dis- 
bursement of public funds and the approval thereof and the 



Acts, 1956. — Chap. 246. 137 

conditions pertaining to said items in chapter seven hun- 
dred and six and chapter seven hundred and eighty-four of 
the acts of nineteen hundred and fifty-five. 
Section 2. 

2900-12 \ From the unexpended balance remaining in 

2900-02 / item 2900-12 of section two of chapter seven 
hundred and eighty-four of the acts of nine- 
teen hundred and tifty-five, the sum of seven 
hundred and forty-eight thousand five hun- 
dred dollars is hereby transferred and made 
available for the purposes of item 2900-02 
of section two of said chapter seven hun- 
dred and eighty-four .... $400,000 00 

2900-12 ] From the unexpended balances remaining in 

2900-35 I items 2900-12 and 2900-35 of section two of 

2900-36 \ chapter seven hundred and eighty-four of 

2900-48 I the acts of nineteen hundred and fifty-five 

2900-04 J and items 2900-36 and 2900-48 of section 
two of chapter seven hundred and six of the 
acts of nineteen hundred and fifty-five, the 
sum of four hundred and ninety-five thou- 
sand five hundred dollars from said item 
2900-12, the sum of one hundred and twen- 
ty-nine thousand five hundred dollars from 
said item 2900-35, the sum of one hundred 
and thirty thousand dollars from said item 
2900-36, and the sum of six hundred and 
fifteen thousand dollars from said item 
2900-48 shall be transferred to and made 
available for the purposes of item 2900-04 
of said section two of said chapter seven 
hundred and six 400,000 00 

2900-08 For the cost of snow and ice control on state 
highways and town roads, including the 
removal of sand and other additional ex- 
penses in connection therewith, prior appro- 
priation continued $1,800,000 00 

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

Approved April 9, 1956. 

An Act relative to the conversion of co-operative QJiar) 246 

BANKS INTO FEDERAL SAVINGS AND LOAN ASSOCIATIONS. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose which is forthwith to further preserve p''®''™^^®- 
and strengthen the dual banking system, 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 49 of chapter 170 of the General Laws, as appear- g. l. (Xer. 
ing in section 1 of chapter 371 of the acts of 1950, is hereby Ed.),i7o. §'49, 
amended by striking out the first and second paragraphs ^ "" ^™^° 
and inserting in place thereof the following two paragraphs: 
— Any such corporation may convert itself into a federal Conversion of 
savings and loan association or other federal agency of like banks^into^ 
nature, subject to the following conditions: — (1) Such ^^ga 



138 Acts, 1956. — Chap. 246. 

and loan corporation shall give notice to the board of bank incorpora- 

rlg^ited"^' tion of its intention to so cbnvert and shall apply to said 
board for its approval of such conversion, and if the board 
determines that public convenience and advantage will be 
promoted by such conversion, the board shall grant such 
approval which shall be deemed revoked if such corporation 
does not consummate such conversion within one year after 
the date of such approval. Upon receipt of such apphcation, 
said board shall furnish such corporation a form of notice 
specifying the name and location of such corporation and its 
proposed name after conversion, and assigning a date and 
place for a public hearing on the application. Such corpora- 
tion 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 the main office 
of such corporation is located or, if there is no newspaper in 
said town, in the town wherein a newspaper is published 
which is nearest to the location of such corporation. If said 
board refuses to approve such conversion, no further pro- 
ceedings shall be had, but the apphcation may be renewed 
after one year from the date of the refusal, in which case 
notice of a public hearing thereon shall be published as here- 
inbefore provided. However, upon the grant of or refusal 
to grant such approval by the board, the supreme judicial 
court, upon application of a person aggrieved thereby, shall 
have jurisdiction to review and to confirm or modify the 
action of the board. (2) If the board of bank incorporation 
shall grant its approval as above provided, such conversion 
may be effected if authorized by an affirmative vote of share- 
holders of such corporation holding, as of the date six 
months prior to the notice to said board as provided in sub- 
division (1) hereof, and affirmatively voting, shares of the 
withdrawal value equal to not less than two thirds of the 
withdrawal value of all shares and accounts of such corpora- 
tion outstanding as of said date; provided that such vote 
shall be by shareholders voting in person or by proxy at a 
meeting especially called to consider the subject; and pro- 
vided, further, that notwithstanding the provisions of the 
second paragraph of section seven a shareholder in voting 
on the question of conversion shall have one vote for each 
two hundred dollars, or fraction thereof, of the withdrawal 
value of his shares, but no shareholder shall cast more than 
forty votes. Notice of such special meeting, containing a 
statement of the time, place and the purpose of the meeting 
shall be sent by the clerk of the corporation to each share- 
holder at his last address appearing upon the records of the 
corporation, by mail, postage prepaid, at least thirty days 
before the date of the meeting. 

There also shall be mailed with the notice of such special 
meeting such form of letter concerning the proposed conver- 
sion as the commissioner may approve; provided, that if 
the commissioner shall fail to approve the form of such letter 
within thirty days after receipt by him of a written request 



Acts, 1956. — Chaps. 247, 248, 249. 139 

therefor, such corporation may mail with said notice such 
form of letter as the board of directors may approve. No 
additional letters shall be sent to the shareholders concern- 
ing the proposed conversion until approved by the commis- 
sioner. Approved April 9, 1956. 



An Act relative to the order in which the names of QfiQj) 247 

WIDOWS AND WIDOWED MOTHERS OF CERTAIN VETERANS 
SHALL APPEAR ON CIVIL SERVICE ELIGIBLE LISTS. 

Be it enacted, etc., as follows: 

Section 24 of chapter 31 of the General Laws is hereby g. l. (xer. 
amended by striking out the last sentence, added by section 2 ftt! 'amended. 
of chapter 642 of the acts of 1949, and inserting in place 
thereof the following sentence: — The names of widows or Names of 
widowed mothers of veterans who were killed in action or ^dowld^'^'^ 
died from service-connected disabihty incurred in wartime "^"^^f^^ °^ 
sei'vice, upon presenting proof from official sources, of such veterans to 
facts, satisfactory to the director, and that she has not re- cmf servTce 
married, shall be placed on the eligible list for the class for f^'^jg^^\®Jjf*^ 
which they register above the names of all other apphcants order. 
but below the names of veterans. Approved April 9, 1956. 



An Act fxjether defining "wartime service" for Chap. 24t8 
eligibility of certain veterans for civil service 
appointment. 

Be it enacted, etc., as follows: 

Section 21 of chapter 31 of the General Laws, as appearing g. l. (Xer. 
in section 3 of chapter 627 of the acts of 1954, is hereby Sii'aSended! 
amended by striking out the next to the last paragraph and 
inserting in place thereof the following paragraph: — 

"Wartime service" as used in this chapter shall, in addi- gg^ce'.?^® 
tion to the definition contained in clause Forty-third of defined.' 
section seven of chapter four, include active service in the 
armed forces of the United States in any campaign for which 
such badge was awarded. Approved April 9, 1956. 



An Act further defining "veteran" for purposes of C/iap. 249 

ELIGIBILITY FOR CIVIL SERVICE PREFERENCE. 

Be it enacted, etc., as follows: 

Section 21 of chapter 31 of the General Laws, as appearing g. l. (Ter. 
in section 3 of chapter 627 of the acts of 1954, is hereby ^tti'am^ndld. 
amended by inserting after the word "months", in line 11, 
the word: — ■ next. Approved April 9, 1956. 



140 Acts, 1956. — Chaps. 250, 251. 



Chap. 250 An Act providing for the acqi'ISItion of a portion of 

LAKE AVEXTE IN THE CITY OF WORCESTER AND CERTAIN 
LAND ADJACENT THERETO AND THE RECONVEYANCE TO 
SAID CITY OF A PORTION OF LAND SO TAKEN. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 519 of the acts of 1955 
is hereby amended by striking out the paragraph describing 
"Parcel 3" and inserting in place thereof the foIlo"n"ing 
paragraph : — 

Parcel 2. — The area known as Regatta Point, bounded 
on the west by Lake avenue, on the east by Lake Quin- 
sigamond, all hing between Belmont street and Winne- 
connett road. 

Section 2. Said section 1 of said chapter 519 is hereby 
further amended by adding at the end the following para- 
graph: — 

Parcel S. — A portion of Lake avenue adjacent to Regatta 
Point and Lake Park and certain land or rights and ease- 
ments in land on the westerly side of Lake avenue at Lake 
Park and at Regatta Point deemed necessary for the en- 
largement of Regatta Pomt and for the relocation and 
reconstruction of said Lake avenue. 

Section 3. Section 2 of said chapter 519 is hereby 
amended bj' adding at the end the f olloT\-ing paragraph : — 

(3) To relocate and reconstruct Lake avenue in the 
Regatta Point area and to reconstruct Lake avenue in the 
Lake Park area and to perform such work as is necessary 
on Xonquit street and Coburn avenue in accordance with 
the pro\isions of this act, and, following completion of said 
relocation or reconstruction, to convey to the city of Worces- 
ter the land within the lines of the relocated or reconstructed 
Lake avenue. 

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

Approved April 10, 1956. 



Chav.2ol An' Act authorizing the byfield water district to 

MAKE AN additional "WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of extending its water 
mains, the Bj^eld water district may borrow, from time 
to time within five j'ears from the passage of this act, such 
sums as may be necessary, not exceeding, in the aggregate, 
ten thousand dollars, and ma^^ issue bonds or notes therefor, 
which shall bear on their face the words, Byfield Water 
District Loan, Act of 1956. 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 authority of this act shall be outside the 
statutory limit of indebtedness, but shall, except as other- 



Acts, 1956. — Chaps. 252, 253, 254. 141 

wise provided in this act, be subject to chapter forty-four 
of the General Laws. 

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

Approved April 10, 1956. 



An Act repealixg certaix provisioxs of law relative 
to the layixg of certaix water maixs ix the towx 



'^ Chap.2^2 

OF MA1TCARD. 

Be it enacted, etc., as follows: 

Sectiox 1. Chapter 278 of the acts of 1952 is hereby 1952, 278, 
repealed. ^"p""''^- 

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

Approved April 10, 1956. 

An Act authorizing the city of somerville to resur- Chav 253 

FACE CERTAIX PRIVATE WAYS THEREIN. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to the 
contrary, the city of Somerville may repair or resurface 
private ways which have been opened to public use for six 
years or more, and in such cases section twenty-five of 
chapter eighty-four of the General Laws shall not apply. 
The cost of materials used for such repairs shall be paid by 
the abutters. No such repairs shall be commenced unless 
and until a cash deposit equal in amount to the estimated 
cost of such material, as determined by the commissioner of 
pubHc works or the contractor duly authorized by the city 
to do the work, is paid over to said city. Such repairs or 
resurfacing shall not be undertaken unless and until the 
commissioner of public works has in his possession agree- 
ments executed by all abutting owners to release and save 
the said city harmless on account of anj^ damage whatever 
caused bj'- such repairs or resurfacing, nor unless the city 
council votes that such repairs or resurfacing are required 
by public convenience and necessity. Such agreements to 
release and save harmless the said city shall be recorded in 
the Middlesex Registry of Deeds, Southern District, shall 
be deemed to be covenants running -with the land and shall 
be binding upon all subsequent owners thereof. 

Sectiox 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 April 10, 1956. 

Ax Act relative to the pexalty for huxtixg birds by Qhaj) 054 

BOATS AXD THE POSSESSIOX OF FIREARMS THEREIX. ^' 

Be it enacted, etc., as follows: 

Sectiox 1. Chapter 131 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 86, as appearing in section 2 ^tcii'ameided^' 



142 



Acts, 1956. — Chap. 255. 



Penalty for 
hunting birds 
by traps, 
jacklights, 
boats, etc. 



G. L. (Ter. 
Ed.). 131, § 98, 
etc., amended. 

Possession, 
etc., of fire- 
arms in motor 
vehicles, etc., 
regulated. 



Penalty. 



of chapter 599 of the acts of 1941, and inserting in place 
thereof the following section : — Section 86. Whoever con- 
structs, sets, uses, places, locates, maintains or tends a trap, 
net or snare for the purpose of taking or killing a bird, or 
takes a bird by any such means, or whoever hunts any 
bird with a swivel or pivot gun, or by the use of a torch, 
jacklight or any other artificial light, or by the aid or use of 
any vehicle, boat or floating device propelled by sail, steam, 
naphtha, gasohne, electricity, compressed air or similar mo- 
tive power, unless such boat or floating device is beached, 
resting at anchor, or fastened within or tied immediately 
alongside of any type of fixed hunting blind, or whoever for 
the purpose of taking or killing a wild bird, places or causes 
to be placed upon the shores or foreshores of, or in or upon, 
any waters within the commonwealth, grain of any kind 
shall be punished as provided in section one hundred and 
thirteen. Nothing in this section shall prohibit the picking 
up of injured or dead waterfowl, coots, rails or gallinules by 
means of a motor boat, sailboat or other craft. 

Section 2. Said chapter 131 is hereby further amended 
by striking out section 98, as so appearing, and inserting in 
place thereof the following section: — Section 98. No per- 
son other than a conservation officer, deputy, warden, mem- 
ber of the state or local police, special officer or persons 
charged with the protection of persons or property while 
acting in the discharge of their respective duties, as such, 
shall, except upon land owned or occupied by him, have in 
his possession or under his control in any motor vehicle or 
motor boat a loaded shotgun or rifle, unless such boat or 
floating device is beached, resting at anchor, or fastened 
within or tied immediately alongside of any type of fixed 
hunting bUnd; and any person shall, upon the demand of 
any officer authorized to enforce this chapter, display for 
inspection any shotgun or rifle in his possession or under his 
control in a motor vehicle while not on property owned or 
occupied by him. Whoever violates any provision of this 
section shall be punished by a fine of not less than twenty 
nor more than one hundred dollars. 

Approved April 10, 1956. 



Chap, 266 An Act relative to membership in the haverhill police 

RELIEF ASSOCIATION, INC. 

Be it enacted, etc., as follows: 

Whenever a member of the Haverhill Police Relief Asso- 
ciation, Inc., ceases to be a member of the Haverhill poUce 
department, he shah cease to be a member of said associa- 
tion and shall no longer be entitled to any benefits there- 
from; provided, however, that any member of said associa- 
tion who ceases to be a member of the Haverhill poUce 
department by reason of being pensioned from said depart- 
ment, shall within thirty days of such retirement, be paid 
from the funds of said association a sum of money equal to 
the death benefit. Approved April 10, 1966. 



Acts, 1956. — Chaps, 256, 257. 143 



An Act permitting playing on a miniature golf course Chap. 25d 

DURING CERTAIN HOURS ON THE LORD's DAY. 

Be it enacted, etc., as follows: 

Chapter 136 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 2, as most recently amended by chapter ^tll'ameAied. 
212 of the acts of 1956, and inserting in place thereof the 
following section: — Section 2. Whoever on the Lord's day piayingona 
is present at a game, sport, play or public diversion, except ^"^rsedi^rmg^ 
a concert of sacred music, a public entertainment duly li- certain hours 

1 • 1 1 • !_• e r • .on the Lord s 

censed as provided m section lour or a tree open air concert day, permitted, 
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 golf course, or except 
a game of tennis or dancing at a wedding or celebration of 
a religious custom or ritual if no charge is made for being 
present or for dancing, or except after one o'clock post- 
meridian a game of outdoor lawn bowUng or the playing of 
golf or driving on an outdoor golf driving range or playing 
on a miniature golf course, so called, 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 pubhc diversion, 
except as aforesaid, shall be punished by a fine of not more 
than fifty dollars. This and the followmg 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, inclu- 
sive, 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. Approved April 10, 1956. 



Chap.257 



An Act relative to the disposition of certain legacies 
or distributive shares of estates of deceased per- 
sons wherein the legatees or distributees reside 
in countries under communist control. 

Be it enacted, etc., as follows: 

Chapter 206 of the General Laws is hereby amended by o. l. (Ter. 
inserting after section 27 A the following section: — Section f27Vadded^ 
27 B. Whenever payment of a legacy or distributive share is Disposition 
to be made to a person who is domiciled in a country or state fegades'or 
outside of the United States or its territories, in which the distributive 
court, in its discretion, finds that there is not a reasonable esfa'tM^if 
assurance that such legatee or distributee will actually re- ^f^!^^!'^ 

• ,., Ti*i • 1 • 1 persons. 

ceive payment of his legacy or distributive share in substan- 
tially full value, the court, upon petition of the executor, 
administrator, or an interested party, or in its discretion, may 
order that such legacy or distributive share be paid, in whole 
or in part, to said executor, administrator, or interested 
party for use by him in the purchase of goods in the form of 
necessaries of life, food, clothing and medicines, to be sent 



144 



Acts, 1956. — Chap. 258. 



to such legatee or distributee through a recognized public or 
private agency, upon his written request, order, or assign- 
ment. Approved April 10, 1956. 



G. L. (Ter. 
Ed.), 184, § 19, 
amended. 



Entry for 
breach of 
condition. 



Chap. 258 An Act protecting title to land against certain rights 

OF ENTRY AND POSSIBILITIES OF REVERTER AND LIMITING 
THE BRINGING OF PROCEEDINGS TO ENFORCE SUCH RIGHTS. 

Be it enacted, etc., as follows: 

Section 1. Section 19 of chapter 184 of the General 
Laws, as appearing in the Tercentenary Edition, is hereby 
amended by inserting after the word "mortgage", in line 2, 
the words: — and if proceedings based upon right of entry 
for breach of such conditions have not been barred by section 
thirty-one A of chapter two hundred and sixty, — • so as to 
read as follows: — Section 19. If real property has been 
conveyed by deed on a condition therein expressed, which is 
not a mortgage and if proceedings based upon right of entry 
for breach of such conditions have not been barred by sec- 
tion thirty-one A of chapter two hundred and sixty, the 
grantor, his heirs and devisees upon breach of such condition 
may enter on the granted premises in order to revest the 
title; and a certificate of such entry, made and sworn to 
before any officer duly qualified to administer oaths by two 
competent witnesses and recorded within thirty days after 
such entry in the registry of deeds for the county or district 
where the land lies, or a duly certified copy of the record of 
such certificate, shall, after the expiration of three years from 
such entry, be prima facie evidence of such breach and entry. 
If a grantor, his heirs or devisees made such entry and cer- 
tificate and filed the certificate as herein required prior to 
June ninth, eighteen hundred and ninety-eight, said certifi- 
cate or a duly certified copy of the record thereof shall have 
hke force and effect. 

Section 2. Chapter 260 of the General Laws is hereby 
amended by inserting after section 31 the following section: 
— Section SI A. No proceeding based upon any right of 
entry for condition broken or possibiUty of reverter, to 
which a fee simple or fee simple determinable in land is sub- 
ject, created before the second day of January, nineteen 
hundred and fifty-five, shall be maintained either at law or 
in equity in any court after the first day of January, nine- 
teen hundred and sixty-six, unless on or before the first day 
of January, nineteen hundred and sixty-six, (a) the condi- 
tion has been broken or the reverter has occurred, and a 
person or persons having the right of entry or reverter shall 
have taken possession of the land, and in case of entry made 
after January first, nineteen hundred and fifty-seven, shall 
have filed a certificate of entry pursuant to section nineteen 
of chapter one hundred and eighty-four, or (6) a person or 
persons having the right of entry, or who would have it if 
the condition were broken, or would be entitled if the re- 



G. L. (Ter. 
Ed.), 260, new 
§ 31A, added. 
Bringing of 
proceedings, 
limited. 



Acts, 1956. — Chap. 259. 145 

verier occurred, or one of them if there be more than one, 
shall by himself, or by his attor^Jey, agent, guardian, con- 
servator or parent, have filed in the registry of deeds, or in 
the case of registered land, in the registry of the land court, 
for the district in which the land is situated, a statement in 
writing, duly sworn to, describing the land and the nature 
of the right and the deed or other instrument creating it, 
and where it may be found if recorded or registered, and, in 
case of registered land, naming the holder or holders of the 
outstanding certificate of title and stating the number of 
said certificate, and, in case of land not registered, naming 
the person or persons appearing of record to own the fee 
subject to such right or possibility, or shown by the records 
of the tax assessors at the last prior assessment date to be 
the owner or owners thereof. 

Such statement shall be received and recorded or regis- 
tered upon payment of the fee required by law, and shall be 
indexed in the grantor index under the person or persons so 
named, and in case of registered land, noted on the certificate 
of title. The register and assistant recorder shall also keep a 
separate list of such statements. 

This section shall apply to all such rights whether or not 
the owner thereof is a corporation or a charity or a govern- 
ment or governmental subdivision, or is under any disabihty 
or out of the commonwealth, and it shall apply notwith- 
standing any recitals in deeds or other instruments hereto- 
fore or hereafter recorded, unless a statement is filed as 
above provided. Nothing in this section shall be construed 
to extend the period of any other applicable statute of limita- 
tions or to authorize the bringing of any proceeding to en- 
force any right which has been or may be barred by lapse 
of time or for any other reason. Approved April 10, 1956. 



An Act relative to the weekly payment of wages. Chap. 259 

Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 148, as most recently amended by ^us^'etc., 
chapter 506 of the acts of 1955, and inserting in place thereof amended. ' 
the foUomng section: — Section I48. Every person having weekly 
employees in his service shall pay weekly each such employee of wTgea. 
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 employed 
seven days in the week, or, in the case of an employee who 
has worked for a period of less than five days, hereinafter 
called a casual employee, shall, within seven days after the 
termination of such period, pay the wages earned by such 
casual employee during such period; but any employee 
leaving his employment shall be paid in full on the following 
regular pay day, and, in the absence of a regular pay day, 
on the following Saturday; and any employee discharged 



146 Acts, 1956. — Chap. 259. 

from such employment shall be paid in full on the day of his 
discharge, or in Boston as soon as the laws requiring pay 
rolls, bills and accounts to be certified shall have been 
complied with; and the commonwealth, its departments, 
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 salary 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 em- 
ployee engaged in its business if so required by him; but an 
employee absent from his regular place of labor at a time 
fixed for payment shall be paid thereafter on demand; pro- 
vided, however, that the department of public utilities, 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 employees 
prefer less frequent payments, and if their interests and the 
interests of the public will not suffer thereby; and provided, 
further, that employees engaged in a bona fide executive, 
administrative or professional capacity as determined by the 
commissioner may be paid bi-weekly or semi-monthly unless 
such employee elects at his own option to be paid rnonthly; 
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 corporation to pay its employees 
their wages as authorized by the said department, or by an 
employer of employees engaged in agricultural work or in 
domestic service to pay monthly the wages of his or her em- 
ployees, shall be deemed a violation of this section. 

This section shall apply, so far as apt, to the pa5n2ient of 
commissions when the amount of such commissions, less 
allowable or authorized deductions, has been definitely 
determined and has become due and payable to such em- 
ployee, and commissions so determined and due such em- 
ployees shall be subject to the provisions of section one 
hundred and fifty. 

This section shall not apply to an employee of a hospital 
which is supported in part by contributions from the com- 
monwealth or from any city or town, nor to an employee of 
an incorporated hospital which provides treatment to 
patients free of charge, or which is conducted as a pubhc 
charity, unless such employee requests such hospital to pay 
him weekly. This section shall not apply to an employee 
of a co-operative association if he is a shareholder therein, 
unless he requests sucli association to pay him weekly, nor to 
casual employees as hereinbefore defined employed by the 
commonwealth or by any county, city or town. 

No person shall by a special contract with an employee or 
by any other means exempt himself from this section or from 



Acts, 1956. — Chap. 260. 147 

section one hundred and fifty. The president and treasurer 
of a corporation and any officers or agents having the manage- 
ment of such corporation shall be deemed to be the em- 
ployers of the employe&s of the corporation within the 
meaning of this section. Every public officer whose duty it 
is to pay money, approve, audit or verify pay rolls, or per- 
form any other official act relative to payment of any pubfic 
emploj'^ees, shall be deemed to be an employer of such em- 
ployees, and shall be responsible under this section for any 
failure to perform his official duty relative to the payment 
of their wages or salaries, unless he is prevented from per- 
forming the same through no fault on his part. 

Any employer paying wages to an employee by check or 
draft shall provide for such employee such facilities for the 
cashing of such check or draft at a bank or elsewhere, without 
charge by deduction from the face amount thereof or other- 
wise, as shall be deemed by the commissioner of labor and in- 
dustries to be reasonable. The state treasurer may in his 
discretion in writing exempt himself and any other public 
officer from the provisions of this paragraph. 

Whoever violates this section shall be punished by a fine Penalty. 
of not less than ten nor more than fifty dollars or by im- 
prisonment in the house of correction for not more than 
two months, or both. Approved April 10, 1956. 



An Act incorporating the Gloucester fisheries com- (7/ia».260 

MISSION. 

Be it enacted, etc., as follows: 

Section 1. There is hereby created a body poHtic and 
corporate to be known as the Gloucester Fisheries Com- 
mission which shall be deemed to be a public instrumentahty 
for the purposes of this act and shall have an official seal as 
determined by the original membership of the commission. 

Section 2. Said Gloucester Fisheries Commission shall 
be set up and sponsored by the city of Gloucester to investi- 
gate, advocate and recommend measures for the promotion, 
preservation and protection of the Gloucester fishing in- 
dustry. 

Section 3. Members of this commission shall be ap- 
pointed by the maj-or for a terra concurrent with that of the 
maj'or and shall be the mayor who shall be chairman, three 
members of the city council and five persons who are actively 
connected with the production, processing or employment 
phases of the industry. 

Section 4. The city of Gloucester is hereby authorized 
to appropriate annually a sum of money not exceeding three 
thousand dollars for the purposes of said Gloucester Fisheries 
Commission. 

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

Approved April 11, 1956. 



148 Acts, 1956. — Chaps. 261, 262. 



Chav. 2Q1 An Act to permit certain employees of the department 

OF PUBLIC WORKS TO TAKE A COMPETITIVE PROMOTIONAL 
examination for PROMOTION TO ASSISTANT CIVIL EN- 
GINEER. 

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

preamble. defeat its purpose, which is to make, without delay, certain 
employees in the department of public works eligible to take 
a competitive promotional examination for promotion to 
assistant ci\dl engineer, 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 chapter thirty-one of 
the General Laws to tlie contrary, any person who has been 
permanently employed in the department of public works, in 
a position classified within the official service under the civil 
service laws, for at least ten years, and has been temporarily 
employed in the position of assistant civil engineer in said 
department, after civil service certification as a result of a 
competitive promotional examination, for at least two years, 
shall be ehgible to take the competitive promotional ex- 
amination scheduled to be held on April seventh, nineteen 
hundred and fifty-six for promotion to assistant civil en- 
gineer in said department. Approved April 11, 1956. 



Chap. 2Q2 An Act relative to the laying out of common landing 

PLACES BY cities AND TOWNS. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter 88 of the General Laws is hereby amended by 

Sended.^^^' Striking out section 14, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following section: 
TOmmon kn'd — Section 14- In every city or town where the tide ebbs 
in|'pir°es''by and flows there shall be provided on a tidal shore thereof at 
townsr'^ least one common landing place and where no common 
regulated. landing place exists the city council or board of selectmen 
shall lay out at least one common landing place and may from 
time to time alter the same, but the layout or alteration of 
such landing place shall not extend below low water mark. 
In any such city or town the city council or board of select- 
men may, upon petition of ten or more voters of the city or 
town, lay out additional common landing places and alter 
the same or those already existing, but no layout or altera- 
tion of such landing place shall extend below low water mark. 
All the provisions of law relating to the laying out and 
alteration of town ways shall apply to the laying out or altera- 
tion of common landing places. Any person who is damaged 
in his property by such laying out or alteration may recover 
damages under chapter seventy-nine. In any city or town 
where a common landing place exists or where a layout or 



Acts, 1956. — Chap. 263. 149 

alteration is made in accordance with the provisions of this 
section, the city council or board of selectmen shall file a 
plan and a description of each such common landing place 
or layout or alteration with the city clerk or town clerk, with 
the county commissioners of the county where said city or 
town is located, and with the director of the division of 
waterways of the department of public works and shall 
record the same in the registry of deeds for said county. 
A city or town may erect and maintain structures on any 
such common landing place in keeping with the public nature 
thereof, but any such structures extending into tidewater 
shall be subject to the provisions of chapter ninety-one. 
The city council or board of selectmen shall make rules and 
regulations governing the operation and use of structures on 
a common landing place and may appoint a custodian thereof 
and fix his salary, or it may, on behalf of the city or town, 
lease said structures. Approved April 11, 1956. 



An Act relative to the salaries of certain probation Chav.2QS 

OFFICERS IN THE MUNICIPAL COURT OF THE ROXBURY DIS- 
TRICT. 

Be it enacted, etc., as follows: 

Section 1. Chapter 735 of the acts of 1955 is hereby 
amended by striking out section 3 and inserting in place 
thereof the following section : — Section 3. Any person serv- 
ing 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 provided 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 hun- 
dred and forty dollars or, in the case of any such person who 
on the effective date of this act is receiving an annual salary 
of less than four thousand dollars, in lieu of said increase of 
four hundred and forty dollars an increase of his annual sal- 
ary to forty-four hundred and forty dollars, and in both 
cases annually thereafter shall receive on each successive 
anniversary of his appointment an increase 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. 

Section 2. This act shall take effect as of the effective 
date of chapter seven hundred and thirty-five of the acts 
of nineteen hundred and fifty-five. 

Approved April 11, 1956. 



150 Acts, 1956. — Chaps. 264, 265. 



Chap.2Q4: An Act authorizing the city of boston to sell certain 

PARK LAND IN THE WEST ROXBURY 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, by its mayor, may 
sell at public auction or private sale any part or parts or 
the whole of the land in the West Roxbury district held by 
said city for park purposes under the order of taking re- 
corded with Suffolk Deeds, Book 6937, Page 149, on Feb- 
ruary sixteenth in the year nineteen hundred and fifty-four 
and of the interest in land held by said city for such pur- 
poses under the order of taking recorded with Suffolk Deeds, 
Book 6942, Page 546, on March fifteenth in said year; pro- 
vided, that the parks and recreation commission of said city 
shall, by vote at a regular or special meeting of said com- 
mission, assent to the sale; and provided, further, that the 
sale is authorized, after two separate readings, by two sepa- 
rate votes of two thirds of all the members of the city coun- 
cil of said city, the second of said readings and votes to be 
had not less than fourteen days after the first. 

Section 2. The mayor of said city, in the name and on 
behalf of said city, shall execute and dehver any instrument 
necessary to convey any land or interest therein sold under 
authority of this act. 

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

Approved April 13, 1956. 



Chap. 2Q5 An Act relative to the listing of persons in the city 

OF BOSTON AND THE GENERAL AND ANNUAL REGISTERS OF 
VOTERS IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. Section 8 of chapter 29 of the General Acts 
of 1917, as amended by section 1 of chapter 114 of the acts 
of 1921, is hereby further amended by striking out the first 
two paragraphs and inserting in place thereof the following 
two paragraphs: — The listing board shall annually in Janu- 
ary or February, by itself or by police officers subject to the 
jurisdiction of the pohce commissioner, visit every building 
in the city, and, after dihgent inquiry, list, as nearly as the 
board can ascertain, the name, age or year of birth, sex, citi- 
zenship, occupation, and residence on January first in the 
preceding year and in the current year, of every person 
twenty years of age or older, who is not a pauper in a public 
institution, residing in the city. The listing board shall in- 
clude in the fisting of every person the name and residence 
of the person giving the information relating to such person. 

The listing board shall, on or before April fifteenth in each 



Acts, 1956. — Chap. 265. 151 

year, prepare lists, arranged by streets and voting precincts, 
in which said board shall designate all buildings used as resi- 
dences, in their order on the street where they are located, 
by gi^^ing 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 year of birth, sex, citizenship, oc- 
cupation, and residence on January first in the preceding 
year and in the current year, of every person Hsted under the 
first paragraph of this section. 

Section 2. Said chapter 29 is hereby further amended by 
striking out section 10, as amended by section 3 of said chap- 
ter 114, and inserting in place thereof the following section: 
— Section 10. The listing board shall, on or before April 
fifteenth in each year, transmit to the board of assessors a 
certified copy of the lists prepared under the second para- 
graph of section eight, and to the board of election com- 
missioners another certified copy thereof, and shall, on or 
before June fiifteenth in each 3^ear, cause such fists to be 
printed in pamphlet form by voting precincts and deliver to 
the board of election commissioners as many printed copies 
thereof as said board may require and hold the remaining 
copies for pubUc distribution. 

Section 3. Section 11 of said chapter 29, as most re- 
cently amended by section 4 of said chapter 114, is hereby 
further amended by striking out the first two sentences and 
inserting in place thereof the following sentences: — If a per- 
son, twenty years of age or older, resident in the city on Janu- 
ary first in any year, is not hsted by the fisting board, such 
person shall, in order to establish his right to be fisted, pre- 
sent in person a written statement under oath to the election 
commissioners or assistant registrars at their principal oflSce, 
who are hereby authorized to administer oaths for this pur- 
pose, that he was on January first of such year a resident of 
the city, giving 'his name, age or year of birth, sex, citizen- 
ship, occupation, and residence on January first in the pre- 
ceding year and in the current year. A person twenty years 
of age or older, who becomes a resident of the city after Janu- 
ary first in any year, shall, in order to establish his right to 
be registered as a voter, present in person a written state- 
ment under oath to the election commissioners or assistant 
registrars at their principal office, who are hereby authorized 
to administer oaths for this purpose, that he became a resi- 
dent of the city at least six months immediately preceding 
the election at which he claims the right to vote, giving his 
name, age or year of birth, sex, citizenship, occupation, date 
of becoming a resident, and residence on January first in the 
preceding year and in the current year and since becoming 
a resident. 

Section 4. Chapter 835 of the acts of 1913 is hereby 
amended by striking out section 82, as amended by section 1 
of chapter 93 of the acts of 1921 , and inserting in place thereof 
the following section : — Section 82. The board of election 



152 Acts, 1956. — Chap. 265. 

commissioners shall prepare books for the registration of 
voters; and the books so prepared shall constitute the gen- 
eral register of voters in the city. Said books shall be in 
substantial!}'' the following form: — 

























































>>a> 


















§ 
1 






>-^ a, 

a 3 


,2 

■a d 

§•2 

So 


fl 
s 



o 


s 

s 


^ . 








1 


Q 

05 


1 

a 


^ in 

to O 


o 




So 


S)0 


2 


So 


i 


Q 


z 


CO 


« 


o 


S 


hJ 


■< 


W 


« 


« 



























Under the several headings there shall be entered with 
respect to every person registered a voter the following: — 

(a) The day, month and year when he is registered a voter. 

(6) His surname, and his 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. 

(c) The person registered shall write his name on a line 
with the statements herein set forth. 

(d) His residence on January first in the year in which he 
is registered or at the time of becoming a resident of the city 
after said date. 

(e) His occupation and the place thereof. 

(/) The name of the city or town and of the state, country, 
kingdom, empire or dominion where he was born. 

(g) If a naturalized citizen, the court where, and the date 
when, he was naturalized. 

(h) The number of months or years he has lived in the city. 

(t) His age or the year of his birth. 

(.7) His approximate height. 

(k) His residence when he is registered a voter. 

The residence of the person both at the date of registration 
and on January first in the year of registration or at the time 
of becoming a resident of the city after said date shall be 
stated by the street and number of his dwelling or, if there 
is no number, by such clear and definite description of the 
place of his dwelling that it can be readily ascertained; and 
if more than one family resides in said dwelling, the suite in 
which the person registered resides; and if there is more than 
one house at the number given by the person registered, in 
which one of them he resides. 

Section 5. Section 85 of said chapter 835, as most re- 
cently amended by section 2 of said chapter 93, is hereby 



Acts, 1956. — Chaps. 266, 267. 

further amended by striking out the form at the end thereof 
and inserting in place thereof the following form : — 

street. 



153 





Name of Voter. 


Residence, Number, 

or other Designation, 

January 1, of the 

Year of Election. 


Personal 
Description. 




Age or 
Year of 
Birth, 


Height. 











Approved April IS, 1956. 



Chap.2m 



An Act further defining "property" in the law 
relative to carriers of property by motor vehicle. 

Be it enacted, etc., as follows: 

Section 2 of chapter 159B of the General Laws is hereby q l (Xer. 
amended by striking out the paragraph defining "Property", Ed.), i59B §2, 
as amended by chapter 87 of the acts of 1954, and inserting 
in place thereof the following paragraph: — 

"Property", any physical matter whatsoever, regardless 
of value, over which the right of ownership or control may 
be exercised, including currency, documents and papers of 
all kinds, except telegraphic messages transmitted by a tele- 
graph company subject to the regulations of the department 
of public utiUties and the Federal Communications Com- 
mission and except dead human bodies and property or 
equipment transported in connection with funerals. 

Approved April 13, 1956. 



"Property" 
defined. 



Chap.267 



An Act further defining the term "trailer" as used 
IN the motor vehicle law. 

Be it enacted, etc., as follows. • 

Section 1 of chapter 90 of the General Laws is hereby g. l. (Ter. 
amended by striking out the definition "Trailer", as most re- ftl! 'amended, 
cently amended by section 1 of chapter 578 of the acts of 
1951, and inserting in place thereof the following: — 

"Trailer", any vehicle or object on wheels and having no "TraUer" 
motive power of its own, but which is drawn by, or used in '^^fi'i^'i- 
combination with, a motor vehicle. It shall not include a 
pole doll}'' or pole dickey, so called, nor a pair of wheels com- 
monly used as an implement for other purposes than trans- 
portation, nor farm machinery or implements when used in 
connection with the operation of a farm or estate, nor any 
vehicle when towed behind a farm tractor and used in con- 
nection with the operation of a farm or estate. 

Approved April IS, 1956. 



154 



Acts, 1956. — Chaps. 268, 269, 270. 



Chap. 268 An Act further defining "manufacturer" under the 

MOTOR VEHICLE LAW. 

Be it enacted, etc., as follows: 

Section 1 of chapter 90 of the General Laws is hereby 
amended by striking out the definition of ''Manufacturer", 
as appearing in section 2 of chapter 511 of the acts of 1948, 
and inserting in place thereof the following: — 

"Manufacturer", any person who is engaged in the busi- 
ness of manufacturing motor vehicles or trailers or motor 
vehicle bodies or tops or complete mechanical units for ex- 
cavating or handling materials. 

Approved April 13, 1956. 



G. L. (Ter. 
Ed.). 90. § 1, 
etc., amended. 



" Manufac- 
turer" defined. 



C/iajD. 269 An Act relating to the appearance in court of wayward 

AND delinquent CHILDREN AND JUVENILE OFFENDERS. 



G. L. (Ter. 
Ed.), 119. § 68. 
etc., amended. 



Care of 
children held 
for examina- 
tion or trial. 



Be it enacted, etc., as follows: 

Section 68 of chapter 119 of the General Laws, as most re- 
cently amended by section 2 of chapter 609 of the acts of 
1955, is hereby further amended by striking out, in hues 8, 9 
and 10, the words "and for his appearance at such examina- 
tion or trial, or at the prosecution of his appeal" and in- 
serting in place thereof the words : — ; provided, however, 
that the appearance at such examination or trial, or at the 
prosecution of the appeal of such child, or of any other child 
between fourteen or seventeen years of age detained with the 
consent of the youth service board under this section, shall be 
the responsibility of the court for which he is being held in 
safekeeping. Approved April 13, 1956. 



Chap. 210 An Act relative to the repair of certain bridges 

OVER NAVIGABLE TIDE WATERS. 



G. L. (Ter. 
Ed.). 84, § 2, 
amended. 



Repair of 
certain bridges 
over navigable 
tide waters. 



Be it enacted, etc., as follows: 

Section 2 of chapter 84 of the General Laws, as appearing 
in the Tercentenary Edition, is hereby amended by adding 
at the end the following paragraph : — 

If a town or two towns within the same county required 
by law to maintain and to keep in repair a drawbridge over 
navigable tide waters which extend from any other town to 
the sea fail or refuse to maintain and keep in repair said 
drawbridge, the county commissioners, upon application of 
the selectmen of such other town, after notice to all parties 
interested and a hearing, may pass such orders relative to 
the maintenance and repair of such bridge as in their opinion 
the public good may require. Approved April 13, 1956. 



Acts, 1956. — Chap. 271. 155 



An Act providing for the appointment of an additional Qfidj) 271 

ASSISTANT district ATTORNEY IN THE PLYMOUTH DISTRICT 
AND ESTABLISHING HIS SALARY. 

Be it enacted, etc., as follows: 

Section 1, Section 14 of chapter 12 of the General Laws o. l. (Ter. 
is hereby amended by striking out the paragraph contained ^tti'am^nded. 
in hnes 15 and 16 as appearing in section 2 of chapter 423 
of the acts of 1948, and inserting in place thereof the follow- 
ing paragraph : — 

For the Plymouth district, an assistant district attorney, Additional 
a second assistant district attorney and a third assistant dis- trfcfattomry 
trict attorney. diS'""''*^ 

Section 2. Section 16 of said chapter 12 is hereby g. l. (Ter. 
amended by inserting after the word "dollars", in Une 23 ^tc'^'amended 
as appearing in section 2 of chapter 804 of the acts of 1951, 
the words: — ; third assistant, three thousand dollars. salary. 

Approved April 16, 1956. 

The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, April 27, 1956. 

The Honorable Edwakd 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 being Chap- 
ter 271 of the Acts of the current year, entitled, "An Act 
providing for the Appointment of an Additional Assistant 
District Attorney in the Plymouth District and establishing 
his Salary" and the enactment of which received my ap- 
proval April 16, 1956 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 make it impossible for the appointment of an addi- 
tional Assistant District Attorney in Plymouth so that his 
services would be available for the June, 1956 sitting of the 
Criminal Court in the Plymouth District. 

Very truly yours. 

Christian A. Heeter, 
Governor of the Commonwealth. 



Office of the Secretary, Boston, April 27, 1956. 

I, Leo M. Harlow, Deputy Secretary of the Common- 
wealth, hereby certify that the accompanying statement 
was filpd in this office by His Excellency the Governor of 



156 Acts, 1956. — Chaps. 272, 273. 

the Commonwealth of Massachusetts at two o'clock and 
fifty-five 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 
two hundred and seventy-one of the acts of nineteen hundred 
and fifty-six. 

Leo M. Harlow, 

Deputy Secretary of the Commonwealth. 

Chap. 272 An Act to exempt the new york central mutual asso- 
ciation FROM THE I:^SURANCE LAWS OF THE COMMON- 
WEALTH OF MASSACHUSETTS. 

Be it enacted, etc., as follows: 

Section 1. The New York Central Mutual Association, 
whose membership is restricted to persons now or hereafter 
in the employ of the New York Central Railroad Company 
or its affiliated companies, may issue certificates providing 
for benefits, and the payment thereof, to its said members 
in the commonwealth of Massachusetts for (a) disability 
caused by accident or sickness, (6) expenses incurred for 
medical, surgical, hospital and related services rendered to 
said member or members of his family, and (c) death bene- 
fits to such blood relatives as may be designated by said 
member, in accordance with the terms and conditions con- 
tained in such certificates as may be authorized by articles 
of agreement and by-laws of said association. 

Section 2. Said association shall be exempt from the 
jurisdiction of, and supervision by, the division of insurance, 
and all provisions of the insurance laws of the commonwealth 
of Massachusetts, but shall file with the secretary of the 
commonwealth a power of attorney constituting and ap- 
pointing said secretary, or his successor, its true and lawful 
attorney, upon whom all lawful processes in any action or 
legal proceeding against it may be served, and therein shall 
agree that any lawful process against it which may be served 
upon its said attorney shall be of the same force and validity 
as if served on the association, and that the authority of 
said power of attorney shall continue in force and be irrev- 
ocable as long as any liability of the association remains out- 
standing in the commonwealth. Approved April 17, 1956. 



Chap. 27S An Act authorizing the city of brockton to borrow 
money for departmental equipment purposes. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing for the cost of 
additional departmental equipment, the city of Brockton 
may borrow in the current year such sums as may be neces- 
sary, not exceeding, in the aggregate, two hundred and fifty 
thousand dollars, and may issue bonds or notes therefor, 
which shall bear on their face the words, Brockton Depart- 



Acts, 1956. — Chap. 274. 157 

mental Equipment Loan, Act of 1956. Each authorized 
issue shall constitute a separate loan, and such loans shall be 
paid in not more than five years from their date, but no issue 
shall be authorized unless in the current year there shall have 
been appropriated from available revenue funds or voted to 
be raised by taxation for said departmental equipment pur- 
poses the sum of fifty thousand dollars. Indebtedness in- 
curred under this act shall be inside the statutory limit of 
indebtedness and shall, except as provided herein, be sub- 
ject to chapter forty-four of the General Laws, exclusive of 
the limitations contained in the first paragraph and in 
clause (9) of section seven. 
Section 2. This act shall take effect upon its passage. 

Approved April 20, 1956. 



An Act relative to the authority of the city of 
springfield to convey certain park land to peter s. 

SHEEHAN. 

Be it enacted, etc., as follows: 

Section 1. Chapter 747 of the acts of 1955 is hereby 
amended by striking out, in line 9, the word "southwest" 
and inserting in place thereof the word : — southeast, — 
so as to read as follows : — 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 com- 
missioners 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 southeast 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 /lOO 
(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 dis- 
tance 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 containing 
about twelve hundred and twenty square feet. 

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

Approved April 20, 1956. 



Chap.274: 



158 



Acts, 1956. — Chap. 275. 



Chap. 21b An Act relative to public hearings on applications 

FOR THE USE OF LAND OR BUILDINGS USED FOR NOXIOUS 
OR OFFENSIVE TRADES IN CITIES AND TOWNS. 



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



Assignment 
of places for 
offensive 
trades. 



Advice by and 
appeal to 
department of 
public health. 



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

Slaughter 
houses, etc., 
regulated. 



Be it enacted, etc., as follows: 

Section 1. Section 143 of chapter 111 of the General 
Laws, as most recently amended by section 1 of chapter 480 
of the acts of 1948, is hereby further amended by inserting 
after the word "thereof", in Hne 7, the words: — after a 
pubUc hearing has been held thereon, — so as to read as 
follows: — Section I4S. No trade or employment which may 
result in a nuisance or be harmful to the inhabitants, in- 
jurious to their estates, dangerous to the public health, or 
may be attended by noisome and injurious odors shall be 
established in a city or town except in such a location as may 
be assigned by the board of health thereof after a public 
hearing has been held thereon, subject, however, to the pro- 
visions of any ordinance or by-law adopted therein under 
sections twenty-five to thirty A, inclusive, of chapter forty, 
or corresponding provisions of earlier laws, and such board of 
health may proliibit the exercise thereof within the limits of 
the city or town or in places not so assigned, in any event. 
Such assignments shall be entered in the records of the city 
or town, and may be revoked when the board shall think 
proper. 

The department shall advise, upon request, the board of 
health of a city or town pre\'ious to the assignment of places 
for the exercise of any trade or employment referred to in this 
section, and any person, including persons in control of any 
public land, aggrieved by the action of the board of health 
in assigning certain places for the exercise of any trade or 
employment referred to in this section may, within sixty 
days, appeal from the assignment of the board of health to 
the department and the department may, after a hearing, 
rescind, modify or amend such assignment. 

Section 2. Said chapter 111 is hereby further amended 
by striking out section 151, as amended by section 9 of 
chapter 332 of the acts of 1943, and inserting in place thereof 
the following section: — Section 151. No person shall 
occupy or use a building for carrying on the business of 
slaughtering cattle, horses, mules, sheep or other animals, or 
for a melting or rendering establishment, or for other noxious 
or offensive trade and occupation, or permit or allow said 
trade or occupation to be carried on upon premises owned or 
occupied by him, without first obtaining, after a pubhc 
hearing has been held thereon, the written consent and per- 
mission of the mayor and city council, or of the selectmen, 
or, in any town having a population of more than five thou- 
sand, of the board of health, if any, of the town where the 
building or premises are situated. This section shall not 
apply to any building or premises occupied or used for said 
trade or occupation on May eighth, eighteen hundred and 



Acts, 1956. — Chap. 276. 159 

seventy-one; but no person who used or occupied any build- 
ing or premises on said date for said trades or occupations 
shall enlarge or extend the same without first obtaining the 
written consent and permission of the mayor and city 
council or the selectmen, or, in any town having a population 
of more than five thousand, of the board of health, if any. 

Approved April 20, 1956. 



An Act authorizing the establishment of off-street Qfidrt 276 

PARKING facilities IN THE CITY OF WOBURN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of constructing pubUc off- 
street parking areas, including original pavement thereof 
and including the cost of demolition of buildings and other 
structures, if necessary, and the clearing of said areas for 
such pavement as well as the construction of facilities for 
off-street public parking, including lighting, sewer and drain- 
age facihties therefor, and for the purpose of acquiring by 
purchase or otherwise, or taking by eminent domain under 
the provisions of chapter seventy-nine or eighty A of the 
General Laws, such lands and buildings as the city council 
may determine, for the construction thereon of such parking 
areas, the city of Woburn 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 
five hundred thousand dollars and may issue bonds or notes 
therefor which shall bear on their face the words. City of 
Woburn Off -Street Parking Loan, Act of 1956. Each 
authorized issue shall constitute a separate loan and such 
loans shall be paid in not more than fifteen years from their 
dates. Indebtedness incurred under authority of this act 
shall be within the statutory limit and, except as provided 
herein, shall be subject to applicable provisions of chapter 
forty-four of the General Laws, including the hmitation 
contained in the first paragraph of section seven thereof. 

Section 2. The city may install parking meters in said 
off-street parking areas and 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 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. Any 
meters so installed may be acquired by said city in the 
manner provided by said section twenty-two A, 

Section 3. Upon hquidation of the loan authorized by 
section one, the receipts from said parking meters, authorized 
to be installed under the provisions of this act, may be used 
for the purposes prescribed by sections twenty-two A, 
twenty-two B and twenty-two C of said chapter forty of the 
General Laws. 



160 Acts, 1956. — Chaps. 277, 278, 279. 

Section 4. 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 5. This act shall take effect upon its acceptance 
by the city council of the city of Woburn, subject to the 
provisions of its charter, but not otherwise. 

Approved April 20, 1966. 

Chap.277 An Act authorizing the town of reading to defray 

IN PART THE COST OF INSTALLATION OF CERTAIN AUTO- 
MATIC FLASHING LIGHT SIGNALS AT THE READING RAILROAD 
STATION. 

Be it enacted, etc., as follows: 

Section 1. The town of Reading is hereby authorized 
to enter into a contract with the Boston and Maine Railroad 
under which the town may defray a portion of the cost of 
installing automatic flashing light signals at the Reading 
railroad station crosswalk; provided, however, that said 
railroad agrees to maintain in good working order the said 
automatic flashing light signals. For this purpose said town 
may appropriate and pay to said railroad such sums as may 
be necessary not exceeding five thousand dollars or forty 
per cent of the cost of said installation, whichever is the 
lesser. 

Section 2. This act shall take effect upon its acceptance 
by the town of Reading at its annual or any special town 
meeting called for the purpose. 

Approved April 20, 1956. 

Chap. 27S An Act prohibiting the questioning of jurors before 

DISCHARGE. 

Be it enacted, etc., as follows: 

EdV 234% 24 Section 24 of chapter 234 of the General Laws, as amended 
etc!,'ameAcfed.' by chaptcr 90 of the acts of 1941, is hereby further amended 
Questioning of by adding at the end the following sentence : — After the 
dilcharge?"^^ scrvicc of such veuirc has been made, no person shall, 
prohibited. exccpt as otherwisc provided by law, question any person so 
summoned for the purpose of obtaining information as to 
his background in connection with his jury duty. 

Approved April 24, 1956. 

Chap. 279 ^^ ^^'^ "^^ permit certain cities to ESTABLISH AND PRE- 
SERVE THE EXTERIOR LINES OF CERTAIN WAYS. 

Be it enacted, etc., as follows: 

Ed^'lPlsiJ Chapter 41 of the General Laws is hereby amended by 

etc!, 'amended.' striking out scction 81J, as amended by section 6 of chapter 

674 of the acts of 1953, and inserting in place thereof the 



Acts, 1956. — Chaps. 280, 281. 161 

following section: — Section 81J. A city or town which has Certain cities 
a planning board under section eighty-one A may establish, ertlburh^lnd 
in the manner provided for the laying out of city or town ^jteHoTr''^ 
ways, the exterior lines of any way, the location of which has of certain wlys. 
been approved under section eighty-one G or the sub- 
division control law; and thereafter no structure shall be 
erected or maintained between the exterior Unes so estab- 
hshed, except that buildings or parts of buildings existing at 
the time of the establishment of said lines may remain and 
be maintained to such extent and under such conditions as 
may be prescribed by such planning board. Lines established 
under this section may be discontinued in the manner pro- 
vided for the discontinuance of a highway or a city or town 
way. Lines so established shall be placed on the official map, 
if any, of the city or town, without further action by the city 
council or town meeting, and shall be removed therefrom if 
discontinued. Any person injured in his property by the Recovery of 
establishment of exterior lines under this section may recover futhomed. 
damages so caused under chapter seventy-nine. 

Approved April 2^, 1956. 



An Act prohibiting the manufacture and sale of cer- (7/ia».280 

TAIN articles CAPABLE OF USE AS METALLIC KNUCKLES. 

Be it enacted, etc., as follows: 

Section 12 of chapter 269 of the General Laws, as most re- EdV'2^^'5 12 
cently amended by chapter 286 of the acts of 1952, is hereby etc.'. amended.' 
further amended by inserting after the word "knuckles", in 
line 5, the words : — or knuckles of any other substance 
which could be put to the same use and with the same or 
similar effect as metallic knuckles. 

Approved April 24, 1956. 

An Act further regulating the observance of colum- C/iap. 281 

BUS DAY, so called. 

Be it enacted, etc., as follows: 

Section 1. Clause Eighteenth of section 7 of chapter 4 Ed^'i^fr 
of the General Laws is hereby amended by striking out the etc!, amended. 
last paragraph, added by section 1 of chapter 99 of the acts 
of 1955. 

Section 2. The next to the last paragraph of said clause g. l. (Ter. 
Eighteenth of said section 7 of said chapter 4, as most re- ^tci^f^hJr 
cently amended by section 2 of said chapter 99 of the acts amended. 
of 1955, is hereby further amended by inserting after the observance of 
word "thirtieth", in Une 2, as appearing in section 1 of regukted* *^* 
chapter 128 of the acts of 1954, the words: — , October 
twelfth. 

Section 3. Section 3 of chapter 99 of the acts of 1955, Repeal, 
as inserted by chapter 342 of the acts of 1955, is hereby 
repealed. Approved April 27, 1966. 



162 Acts, 1956. — Chaps. 282, 283. 

Chap.2S2 An Act further defining the word "subdivision" as 

USED IN THE SUBDIVISION CONTROL LAW. 

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

to defeat its purpose, which is to change forthwith the defini- 
tion of "subdivision" in the subdivision control law, there- 
fore it is hereby declared to be an emergency law necessary 
for the immediate preservation of the pubhc convenience. 

Be it enacted, etc., as follows: 

Ed^li'^ssiL Section 81L of chapter 41 of the General Laws is hereby 
eta, 'amended. ' amended by striking out the paragraph defining "Subdivi- 
sion", as appearing in section 7 of chapter 674 of the acts of 
1953, and inserting in place thereof the following para- 
graph : — 
^Subdivision" " Subdivisiou " shall mean the division of a tract of land 
into two or more lots and shall include resubdivision, and, 
when appropriate to the context, shall relate to the process 
of subdivision or the land or territory subdivided; provided, 
however, that the division of a tract of land into two or 
more lots shall not be deemed to constitute a subdivision 
within the meaning of the subdivision control law if, at the 
time when it is made, every lot within the tract so divided 
has frontage on (a) a public way, or (b) a way shown on a 
plan theretofore approved in accordance with the subdivision 
control law, or (c) a way in existence when the subdivision 
control law became effective in the city or town in which 
the land lies, having, in the opinion of the planning board, 
sufficient width, suitable grades and adequate construction 
to provide for the needs of vehicular traffic in relation to the 
proposed use of the land abutting thereon or served thereby, 
and for the installation of municipal services to serve such 
land and the buildings erected or to be erected thereon. Such 
frontage shall be of at least such distance as is then required 
by zoning or other ordinance or by-law, if any, of said city 
or town for erection of a building on such lot, and if no dis- 
tance is so required, such frontage shall be of at least twenty 
feet. Conveyances or other instruments adding to, taking 
away from, or changing the size and shape of, lots in such a 
manner as not to leave any lot so afi'ected without the front- 
age above set forth, or the division of a tract of land on which 
two or more buildings were standing when the subdivision 
control law went into effect in the city or town in which the 
land lies into separate lots on each of which one of such 
buildings remains standing, shall not constitute a subdivision. 

Approved April 27, 1956. 

Chap. 283 An Act further regulating the quota of licenses for 

THE SALE OF ALCOHOLIC BEVERAGES. 

Be it ena/^ted, etc., as follows: 

Ed.hi38%29 Section 1. The second paragraph of section 29 of chap- 
eto.', amended. ' tcr 138 of the General Laws, as appearing in section 25 of 



Acts, 1956. — Chaps. 284, 285. 163 

chapter 440 of the acts of 1935, is hereby amended by striking 
out, in Une 10, the word "not", — so that the second sen- 
tence will read as follows : — Nothing in this chapter shall ^"g°*g^g°[^,r 
disqualify a registered pharmacist from being licensed under sale of aico- 
section fifteen, provided that he sells no cooked food to be re°guiated'/^^^^' 
consumed on the premises; but a license issued to a regis- 
tered pharmacist under said section shall be included in 
computing the number of licenses that may be granted in 
any city or town as provided in section seventeen. 

Section 2. The provisions of section twenty-nine of chap- 
ter one hundred and thirty-eight of the General Laws, as 
amended by section one of this act, shall not apply to a 
Ucense under section fifteen of said chapter one hundred and 
thirty-eight held by a registered pharmacist on the effective 
date of this act; and such license may be renewed and shall 
not be included in computing the number of licenses that 
may be granted in any city or town as provided in section 
seventeen. Approved April 27, 1956. 



An Act relative to the holding of property by the Chav 284 

LOWELL textile INSTITUTE BUILDING ASSOCIATION. 

Be it enacted, etc., as follows: 

Lowell Textile Institute Building Association, incorporated 
by chapter four hundred and twenty-eight of the acts of 
nineteen hundred and forty-six, is hereby authorized to hold, 
for the purposes 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 per- 
sonal estate which may be held by said corporation under 
authority of said chapter and chapter four hundred and 
thirty-nine of the acts of nineteen hundred and forty-seven. 

Approved April 27, 1966. 



An Act relative to the annual report of the com- Chav. 285 

MISSIONER OF INSURANCE. 

Be it enacted, etc., as follows: 

Section 17 of chapter 175 of the General Laws, as appear- g. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by strik- fmendJd.' ^ ^^' 
ing out the second paragraph and inserting in place thereof 
the following paragraph : — 

The annual report of the commissioner on fire, marine and o ""ommfs-"'^*^ 
casualty insurance matters shall contain the laws enacted sionerof 
on those subjects in the year of the report, and his annual '"*'^*°''®- 
report on life and related insurance matters shall contain 
the laws enacted on those subjects in the year of the report. 

Approved April 27, 1956. 



164 Acts, 1956. — Chaps. 286, 287, 288. 

Chap.2S6 An Act relative to the status of certain working 

EMPLOYERS UNDER THE STATE LABOR RELATIONS LAW. 

Be it enacted, etc., as follows: 

Ed^'iafl' §4 Subsection (2) of section 4 of chapter 150A of the General 
etc., 'amended. ■ Laws, as appearing in section 2 of chapter 345 of the acts of 
1938, is hereby amended by adding at the end the following 
status of sentence: — An employer shall not be prohibited from pay- 

employers ing regular initiation fees, dues and assessments to any labor 
"tafiabor organization in which he is a member or is eligible for mem- 
reiations law. bcrship, Approved April 27 , 1966. 



Chap.287 An Act extending the time within which certain sol- 
diers AND SAILORS AND THEIR WIVES, WIDOWS, FATHERS 
OR MOTHERS MAY FILE APPLICATIONS FOR ABATEMENT OR 
EXEMPTION OF TAXES. 

Be it enacted, etc., as follows: 

Chapter 534 of the acts of 1949 is hereby amended by 
striking out section 3, as amended by chapter 148 of the acts 
of 1955, and inserting in place thereof the folloT\dng section: 
— Section 3. AppHcation for abatement or exemption, as 
provided in sections one and two, of taxes levied in the year 
nineteen hundred and fifty-five may be made not later than 
October first, nineteen hundred and fifty-six, notwithstand- 
ing any provision of law to the contrary. 

Approved April 27, 1956. 

Chap.288 An Act authorizing the department of public health 

IMMEDIATELY TO DESIGNATE SHELLFISH AREAS AS CON- 
TAMINATED IN THE EVENT OF EMERGENCIES. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. Chapter 130 of the General Laws is hereby 

§74A, ad'ded!^ amended b}'^ inserting after section 74 the following section: 
Department of — Scction 74A. The department of public health shall have 
to Ymme^d/ateiy *^^ authority immediately to designate shellfish areas as 
designate shell- Contaminated and that shellfish obtained therefrom are unfit 
contamfnated for food and daugerous to the pubHc health, in the event of 
L°!.r^*„°^c an emergency as determined by said department. Such 

emergencies. . ,<= V,,, , , .. ci t • • 

designation shall be reported to the director of the division 
of marine fisheries and to the director of the division of law 
enforcement, who shall take the necessary action to prevent 
the taking of shellfish from such area for human consump- 
tion and so notify local authorities in each instance. Such 
determination shall be in effect until subsequent examination, 
initiated not more than thirty days after the emergency has 
been determined, shows the shellfish from such area to be 
safe for human consumption. 
Ed^iso^ve I^[]Section 2, Section 75 of chapter 130 of the General 
etc., amended. ' Laws, as appearing in section 1 of chapter 598 of the acts 



Acts, 1956. — Chaps. 289, 290, 291. 165 

of 1941, is hereby amended by inserting after the word 
"seventy-four", in line 27, the words: — or section seventy- 
four A. Approved April 27, 1956. 



An Act authorizing the commissioner of public health (7/iar>.289 
TO advise the state and the teachers' retirement 

BOARDS in the DETERMINATION OF APPLICATIONS FOR DIS- 
ABILITY OR DEATH BENEFITS. 

Be it enacted, etc., as follows: 

Subdivision (3) of section 6 of chapter 32 of the General EJ^g^J^""- 
Laws is hereby amended by inserting after paragraph (c), as §6, etc' 
amended by chapter 181 of the acts of 1952, the following ^'"^'^'^^d- 
paragraph : — 

(d) The commissioner of public health or a physician or commissioner 
physicians on his staff designated by him for the purpose hlSth to ad- 
shall, on request of the state board of retirement or the vise state and 
teachers' retirement board, advise such board in the determi- retirement 
nation of applications for ordinary disability retirement, boards. 
accidental disability retirement, or in case of application for 
accidental death benefit. Approved April 27, 1966. 



An Act relative to the reconstruction of a sewage C/iap.290 

TREATMENT PLANT IN THE TOWN OF SOUTHBRIDGE. 

Be it enacted, etc., as follows: 

Chapter 779 of the acts of 1955 is hereby amended by 
striking out, in line 12, the words "four hundred and fifty" 
and inserting in place thereof the words : — five hundred 
and sixty-one. Approved April 27, 1956. 



An Act relative to the membership of the board of C/iop.291 

HEALTH OF THE CITY OF TAUNTON. 

Be it enacted, etc., as follows: 

Section 1. Chapter 211 of the acts of 1882 is hereby 
amended by striking out section 14 and inserting in place 
thereof the following section: — Section 14- There shall be 
a board of health consisting of three physicians who shall 
be appointed by the municipal council ; and said board shall 
have all the power and privileges and be subject to all the 
duties and provisions relating to local boards of health set 
forth in chapter one hundred and eleven of the General 
Laws. 

Section 2. Upon the appointment and qualification of 
the members of the board of health under section fourteen 
of chapter two hundred and eleven of the acts of eighteen 
hundred and eightj^-two, the terms of the then existing mem- 
bers of said board shall terminate. 

Section 3. Upon the acceptance of this act, the munici- 
pal council shall appoint forthwith three physicians to the 



166 Acts, 1956. — Chap. 292. 

board of health for the term expiring in January of nineteen 
hundred and fifty-seven, and in January of nineteen hundred 
and fifty-seven the municipal council shall appoint three 
physicians to the board of health, one for one year, one for 
two years, and one for three years; and beginning with the 
year nineteen hundred and fifty-eight and each and every 
year thereafter in the month of January, one physician shall 
be chosen for the term of three years. 

Section 4. This act shall take effect upon its acceptance 
by the city council of the city of Taunton, in accordance 
with the provisions of its charter, and not otherwise. 

Approved April SO, 1956. 



Chap.292 An Act authorizing the city of chicopee to appro- 
priate MONEY FOR THE PAYMENT OF, AND TO PAY, CERTAIN 

unpaid bills. 
Be it enacted, etc., as follows: 

Section 1. The city of Chicopee is hereby authorized to 
appropriate money for the payment of, and after such ap- 
propriation, the treasurer of said city is hereby authorized 
to pay, such of the unpaid bills incurred by said city during 
the year nineteen hundred and fifty-three, totalling four 
thousand sixty-nine dollars and twenty-seven cents, and 
during the year nineteen hundred and fifty-four, totalhng 
nine thousand three hundred and fifty dollars and nineteen 
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 appropriations, or 
by reason of the failure of the 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 con- 
tracted; provided, that the money so appropriated to pay 
such bills shall be raised by taxation in said city. 

Section 2. No bill shall be approved by the city 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 certifi- 
cate 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 April SO, 1956. 



Acts, 1956. — Chap. 293. 167 

An Act relative to the hours for opening and closing QJiav 293 

OF polls at elections in the town of danvers. 
Be it enacted, etc., as follows: 

Section 1, Chapter 294 of the acts of 1930 is hereby 
amended by striking out section 8, as most recently amended 
by section 1 of chapter 20 of the acts of 1951, and inserting 
in place thereof the following section : — Section 8. No vote, 
except a vote to adjourn or authorizing the borrowing of 
money in anticipation of the receipt of taxes for the current 
year, passed at any representative town meeting shall be 
operative until after the expiration of five days, exclusive of 
Sundays and holidays, from the dissolution of the meeting. 
If, within said five days, a petition, signed by not less than 
two hundred registered voters of the town, containing their 
names and addresses as they appear on the hst of registered 
voters, is filed with the selectmen asking that the question or 
questions involved in such vote be submitted to the registered 
voters of the town at large, then the selectmen, after the 
expiration of five days, shall 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 not later than ten o'clock in the forenoon and shall 
be closed at eight o'clock in the evening and all votes upon 
any questions so submitted shall be taken by ballot, and the 
check list shall be used in the several precinct meetings in 
the same manner as in the election of town officers. The 
questions so submitted shall be determined by vote of the 
same proportion of voters at large voting thereon as would 
have been required by law of the town meeting members had 
the question been finally determined at a representative 
town meeting. The questions so submitted shall be stated 
upon the ballot in substantially the same language and form 
in which they were stated when presented to said repre- 
sentative 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 repre- 
sentative town meeting shall become operative and effective 
upon the expiration of said period. 

Section 2. Said chapter 294 is hereby further amended 
by striking out section 12, as most recently amended by 
section 2 of said chapter 20, and inserting in place thereof 
the following section: — • Section 12. The town of Danvers, 
after the acceptance of this act, shall hold its annual town 
meeting for the purposes of election of officers only on the 
first Monday of March in each year. The polls for the 
election of officers shall open not later than ten o'clock in the 
forenoon and shall be closed at eight o'clock in the evening. 
The town of Danvers shall hold its annual meeting for the 
transaction of municipal business in pursuance of the war- 
rant for the annual town meeting, except the election of 
officers, on the third Monday of March at thirty minutes 
past seven o'clock in the evening. If the said business of the 



168 



Acts, 1956. — Chaps. 294, 295. 



annual town meeting is not completed on the evening of the 
third Monday of March, the said meeting may be adjourned 
to thirty minutes past seven o'clock of any evening or to as 
many evenings as the meeting votes, during the week of the 
third Monday of March, as are necessary to complete the 
said business. 

Section 3. Chapter sixty-nine of the acts of the current 
year is hereby repealed. 

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

Approved April SO, 1956. 



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



Certain 
employees 
to be ex- 
cepted. 



C/iap. 294 An Act further regulating the employment of tempo- 
rary LABORERS AND CHAUFFEURS BY THE STATE DEPART- 
MENT OF PUBLIC WORKS. 

Be it enacted, etc., as follows: 

Section 4 of chapter 31 of the General Laws is hereby 
amended by striking out the paragraph appearing in chapter 
397 of the acts of 1949 and inserting in place thereof the 
following paragraph : — • 

The labor service of the state department of public works 
except: (1) Laborers and chauffeurs employed between 
October thirty-first and April fifteenth to be used in connec- 
tion with the removal of snow and the sanding of slippery 
surfaces with the incidental work thereto on the highways of 
the commonwealth, such employment in each case not to 
exceed a total of ninety days within that period, and such 
employees shall not be used to do work performed by regular 
employees when available and able to perform the work 
satisfactorily; (2) Such temporary employees as required 
during and following a disaster or period of extreme danger 
when and as authorized by the governor, but not to exceed 
ninety days. Preference shall be given to veterans in mak- 
ing appointments and employing persons under the pro- 
visions of clauses (1) and (2) of this paragraph. 

Approved April SO, 1956. 



Chap.295 An Act further regulating professional advertising 

BY EMBALMERS AND FUNERAL DIRECTORS. 



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



Professional 
advertising 
by embalraere 
and funeral 
directors, 
regulated. 



Be it enacted, etc., as follows: 

Section 83 of chapter 112 of the General Laws is hereby 
amended by striking out the seventh paragraph, as appearing 
in section 2 of chapter 653 of the acts of 1954, and inserting 
in place thereof the following paragraph : — 

No apprentice or embalmer shall advertise or publish in 
any manner the fact of his registration, nor shall any funeral 
director advertise or publish in any manner whatsoever the 
name or names of apprentices or any persons associated with 
him in the profession of funeral directing unless the said 
person or persons are registered and licensed funeral directors. 

Approved April 30, 1956. 



Acts, 1956. — Chaps. 296, 297. 169 

An Act relative to the sittings of the first district Chav 296 

COURT OF BARNSTABLE IN THE TOWN OF FALMOUTH. 

Be it enacted, etc., as follows: 

Chapter 159 of the acts of 1927 is hereby amended by 
striking out section 2 and inserting in place thereof the fol- 
lowing section : — Section 2. Sittings of the first district 
court of Barnstable shall be held in the town of Falmouth 
on such Saturdays as the justice of the said court may, with 
the approval of the administrative committee of the district 
courts, determine. Approved April 30, 1956. 

An Act relative to certain crimes relating to banks Chav 297 

AND BANKING. 

Be it enacted, etc., as follows: 

Chapter 266 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 53 A, as appearing in the Tercentenary f^A^^^' 
Edition, and inserting in place thereof the following section: amended. 
— Section 53 A . An officer, director, trustee, agent or em- Penalty for 
ployee of a bank, as defined in section one of chapter one ^eSg^JT^^ 
hundred and sixty-seven, who wilfully misapplies otherwise u'^J?^?*"'^ 
than as described in section fifty-two or fifty-three, any of ^ '°^' 
the moneys, funds, credits or other property of such bank; 
or who, without authority from the directors or trustees of 
such bank, executes or issues a certificate of deposit, order or 
bill of exchange, or makes an acceptance, purporting to be 
executed, issued or made by such bank; or who, without such 
authority, assigns any note, bond, draft, bill of exchange, 
mortgage, judgment, decree or other property of such bank; 
or who loans the funds or credit of such bank to any in- 
dividual, corporation, joint stock company, trust, association 
or partnership when the assets of such borrower are known 
by such officer, director, trustee, agent or employee to be less 
than all the liabilities of such borrower other than debts 
subordinated to such loan, unless such loan is adequately 
secured or is necessary for the protection of existing loans; 
or who knowingly receives or accepts for such bank any 
fictitious, valueless, inadequate or irresponsible obligation 
directly or as security or endorsement unless the considera- 
tion or security is otherwise sufficient, or unless it shall be 
necessary to prevent loss upon a debt previously contracted 
in good faith; or who certifies any check drawn upon such 
bank unless the drawer then has on deposit with the bank 
and entered to his credit on its books not less than the amount 
of money specified in the check; or who resorts to any 
fictitious or colorable loan, transfer or de\nce to avoid any 
provision of law relating to such bank; or who knowingly 
makes or causes to be made any false entry in any book, 
report or statement of such bank; and any person who 
knowingly aids or abets any violation of this section shall be 
punished by a fine of not more than ten thousand dollars or 



170 Acts, 1956. — Chap. 298. 

by imprisonment in the state prison for not more than ten 
years, or in a jail or house of correction for not more than 
two and one half years, or by both such fine and imprison- 
ment. Approved April SO, 1956. 

C hap. 29S An Act to incorporate the Massachusetts higher 

EDUCATION ASSISTANCE CORPORATION. 

Be it enacted, etc., as follows: 

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

"Corporation", the Massachusetts Higher Education 
Assistance Corporation created by this act. 

"Financial institution", any banking corporation or 
institution, trust company, national bank, insurance com- 
pany, or related corporation, partnership, foundation or 
other institution engaged primarily in lending or investing 
funds, and authorized to do such business within this com- 
monwealth. 

"Educational institution", any public or private college, 
normal school, professional school, scientific or technical 
institution, university or other institution furnishing a 
program of higher education. 

"Approved educational institution", any educational 
institution approved by the state-approving agency for the 
state where such educational institution is situated, and by 
the board of directors of this corporation. 

"Program of higher education", any curriculum, or any 
combination of unit courses or subjects, which is generally 
accepted as necessary to fulfill requirements for the attain- 
ment of a predetermined and identified educational, pro- 
fessional or vocational objective higher than graduation 
from secondary school. 

"Student", any person domiciled in Massachusetts who 
(i) is enrolled and in satisfactory standing at an approved 
educational institution ; (ii) is pursuing a program of higher 
education ; and (iii) has satisfactorily completed the require- 
ments of freshman year of his program of higher education. 

"Freshman year", the period consisting of the first aca- 
demic year of the program of higher education furnished by 
an approved educational institution. 

"Board of directors", the board of directors of the corpo- 
ration constituted under section ten. 

Section 2. Christian A. Herter, Samuel Cabot, Jr., 
Erwin D. Canham, Harold C. Case, Ephron Catlin, Jr., 
Forrester A. Clark, Richard I. Furbush, Thomas M. Hen- 
nessey, Edward B. Hinckley, Richard S. Holden, Donald J. 
Hurley, John A. Callahan, Harrison Keller, James R. 
Killian, Jr., J. William Belanger, Ralph Lowell, David B. 
H. Martin, Very Rev. Joseph R. N. Maxwell, S. Justus 
McKinley, Very Rev. Vincent A. McQuade, Robert J. 
Munce, WilUam E. Park, Carl S. Ell, Nathan M. Pusey, 



Acts, 1956. — Chap. 298. 171 

Richard S. Robie, Abram L. Sachar, Glenwood J. Sherrard, 
Michael F. Skerry, Edward R. Tufts, their associates, suc- 
cessors and assigns, are hereby constituted a body corporate 
under the name of Massachusetts Higher Education Assist- 
ance Corporation. The corporation shall be subject to, and 
have the powers and privileges conferred by, the provisions 
of chapter one hundred and fifty-five and sections twenty- 
six and twenty-seven of chapter one hundred and fifty-six 
of the General Laws, except so far as said provisions are 
inconsistent with or otherwise restricted or Hmited by the 
provisions of this act. The provisions of chapter one hun- 
dred and eighty of the General Laws shall not apply to the 
corporation. 

Section 3. The principal office of the corporation shall 
be located in the city of Boston. The corporation may have 
ofl&ces in such other places within the commonwealth as may 
be fixed by the board of directors. 

Section 4. The purposes of the corporation shall be to 
aid and assist students to fulfill a program of higher educa- 
tion. 

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 corporation 
shall, subject to the restrictions and limitations herein con- 
tained, have the following powers: — ■ 

(a) To elect, appoint and employ ofiicers, agents and 
employees; to make contracts and incur habilities for any 
of the purposes of the corporation, including any secondary 
Uabihty by way of guaranty or endorsement of the obhga- 
tions of any student, his parent or guardian, or of any 
approved educational institution. 

(6) To raise money for any of the purposes of the corpo- 
ration by the issue of not more than one thousand shares of 
non-voting capital stock of the par value of one hundred 
dollars each to members, and by borrowing and to issue for 
such borrowing its bonds, debentures, notes or other evi- 
dences 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, without securing member approval. 

(c) To make loans to any student, his parent or guardian, 
or to any approved educational institution, and to estabhsh 
and regulate the terms and conditions with respect to any 
such loans and the charges for interest and service connected 
therewith. 

(d) To purchase, receive, hold, lease, or otherwise acquire, 
and to sell, convey, transfer, lease or otherwise dispose of 
real and personal property, together with such rights and 
privileges as may be incidental and appurtenant thereto and 
the use thereof, including, but not restricted to, any real or 
personal property acquired by the corporation from time to 
time in the satisfaction of debts or enforcement of obligations. 



172 Acts, 1956. — Chap. 298. 

(e) To receive money or other property, tangible or in- 
tangible, real, personal or mixed, by gift, bequest, devise, 
or otherwise. 

(/) To acquire, subscribe for, own, hold, sell, assign, 
transfer, mortgage, pledge or otherwise dispose of the 
stock, shares, bonds, debentures, notes or other securities 
and evidences of interest in, or indebtedness of, any person, 
firm, corporation, joint stock company, association or trust, 
and while the owner or holder thereof to exercise all the rights, 
powers and privileges of ownership, including the right to 
vote thereon. 

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

Section 5. Notwithstanding any rule at common law 
or any provision of any general or special law or any pro- 
vision in their respective charters, agreements of association 
or articles of organization, any financial institution and any 
domestic corporation organized for the purpose of carrying 
on business within this commonwealth, including without im- 
plied hmitation any electric or gas company as defined in 
section one of chapter one hundred and sixty-four of the 
General Laws, and any railroad corporation as defined in 
section one of chapter one hundred and sixty of said General 
Laws, is hereby authorized to make contributions or loans 
to the corporation and to acquire, purchase, hold, sell, 
assign, transfer, mortgage, pledge or otherwise dispose of 
any bonds, securities or other evidences of indebtedness 
created by, or the shares of capital stock of, the corporation, 
all without the approval of any regulatory authority of the 
commonwealth. 

Section 6. Any corporation specified in section five, 
any foreign corporation authorized to do business in this 
commonwealth, any financial institution, and any ap- 
proved educational institution shall be eligible for mem- 
bership in the corporation upon such terms and conditions, 
not inconsistent with the provisions of this act, and upon 
payment of such fees as the by-laws may provide. 

No member of the corporation shall be responsible for losses 
of the corporation or liable for the payment of any sum of 
money or for damages or otherwise on account of any con- 
tract or obligation of the corporation. 

Section 7. Membership in the corporation shall be for 
the duration of the corporation; provided that (a) upon 
written notice given to the corporation as provided in the 
by-laws, a member may withdraw from membership in the 
corporation at the expiration date of such notice; or (b) if 
there shall be a legislative amendment to this charter which 
shall not have been approved by the members as provided for 
in section nine within sixty days after the effective date of 
such amendment, any member voting against the approval 
of such amendment may withdraw from membership forth- 
with upon giving written notice to the corporation not later 
than ninety days from the effective date of such amendment; 



Acts, 1956. — Chap. 298. 173 

or (c) the board of directors may by affirmative vote of two 
thirds of its number terminate the membership of any mem- 
ber if in its discretion such action is in the best interests of 
the corporation. 

Section 8. The members of the corporation shall have 
the following powers of the corporation: — (a) to determine 
the number of and elect directors as provided in section ten; 
(b) to make, amend and repeal by-laws; (c) to amend this 
charter as provided in section nine; (d) to dissolve the cor- 
poration as provided in section seventeen; (e) to exercise 
such other of the powers of the corporation as may be con- 
ferred on the members by the by-laws. 

As to all matters requiring action by the members of the 
corporation, except as otherwise herein provided, such 
matters shall require the affirmative vote of a majority of the 
votes to which the members present or represented at the 
meeting shall be entitled. Each member shall have one vote, 
in person or by proxy. 

Section 9. This charter may be amended by the votes 
of the members of the corporation, and such amendments 
shall require approval by the affirmative vote of two thirds 
of the votes to which the members shall be entitled; pro- 
vided, that no amendment of this charter which is incon- 
sistent with the general purposes expressed herein or which 
eliminates or curtails the obligation of the corporation to 
make reports as provided in section twelve shall be made 
without amendment of this act; and provided, further, that 
no amendment of this charter which affects a member's right 
to withdraw from membership as provided in section seven, 
or affects a member's voting rights as provided in section 
eight, shall be made without the consent of each member 
affected by such amendment. 

Within thirty days after any meeting at which amend- 
ment of this charter has been adopted, articles of amend- 
ment signed and sworn to by the president, treasurer and a 
majority of the directors, setting forth such amendment 
and due adoption thereof, shall be submitted to the attorney 
general of the commonwealth, who shall examine them, and 
if he finds that they conform to the requirements of this act, 
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 members 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 members shall be entitled, 
any member voting against the approval of such amendment 
shall have the right to withdraw from membership as pro- 
vided in section seven. Within thirty days after any meeting 



174 Acts, 1956. — Chap. 298. 

at which a legislative amendment has been voted on, a 
certificate signed and sworn to by the clerk or other recording 
officer of the corporation, setting forth the action taken at 
such meeting with respect to such amendment, shall be filed 
in the office of the secretary of the commonwealth. 

Section 10. The business and affairs of the corporation 
shall be managed and conducted by a board of directors, a 
president, a treasurer, a clerk, and such other officers and 
such agents as the corporation by its by-laws shall authorize. 
The board of directors shall consist of such number, not less 
than fifteen or more than fifty, as shall be determined in the 
first instance by the incorporators and thereafter annually 
by the members of the corporation. The by-laws may pro- 
vide for the classification of directors and for the classification 
of members entitled to vote therefor; provided, that each 
member shall be entitled to vote for the directors of at least 
one class. The board of directors 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 members, 
and shall choose and appoint all the agents and officers of 
the corporation and fill all vacancies except vacancies in the 
office of director, which shall be filled as hereinafter pro- 
vided. The board of directors shall be elected in the first 
instance by the incorporators and thereafter at each annual 
meeting by the members of the corporation, or, if no annual 
meeting shall be held in any year at the time fixed by the 
by-laws, at a special meeting held in lieu of the annual 
meeting. The directors shall hold office until the next 
annual meeting of the corporation or special meeting held in 
heu of the annual meeting after the election and until their 
successors are elected and quahfied, unless sooner removed in 
accordance with the provisions of the by-laws. Any vacancy 
in the office of a director shall be filled by the directors. 

Directors and officers shall not be responsible for losses 
of the corporation or hable for the payment of any sum of 
money or for damages or otherwise on account of any con- 
tract or obligation of the corporation except in case of 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 make an annual 
report of its condition to its members and shall file a co{)y 
thereof in the office of the secretary of the commonwealth. 

Section 13. The first meeting of the corporation shall 
be called by a notice signed by three or more of the in- 
corporators, stating the time, place and purpose of the 
meeting, a copy of which notice shall be mailed, or dehvered, 
to each incorporator at least five days before the day ap- 



Acts, 1956. — Chap. 298. 175 

pointed 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 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 common- 
wealth, and said corporation shall then be authorized to 
commence business. 

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 hereafter enacted whether by the common- 
wealth or any subdivision thereof; and the securities and 
evidences of indebtedness issued b}'' the corporation estab- 
lished under the provisions of this act, their transfer, and 
income therefrom, and deposits of financial institutions 
invested therein, shall at all times be free from taxation 
within the commonwealth. 

Any holder of any securities or evidences of indebtedness 
who reahzes a loss from the sale, redemption or other dis- 
position of any securities or evidences of indebtedness of the 
corporation, including any such loss reaUzed on a partial 
or complete liquidation of the corporation, and who is not 
entitled to deduct such loss in computing any of such holder's 
taxes to the commonwealth, shall be entitled to credit 
against any taxes subsequently becoming due to the com- 
monwealth from such holder, 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- 
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 bonds, 
debentures, notes, evidences of indebtedness, or any other 
securities, of this corporation. 

Section 16. The period of duration of the corporation 
shall be fifty years, subject, however, to the right of the 
members to dissolve the corporation prior to the expiration 
of said period as provided in section seventeen. 

Section 17. The corporation may, upon the affirma- 
tive vote of two thirds of the votes to which the members 



176 Acts, 1956. — Chap. 299. 

shall be entitled, petition for its dissolution by order of the 
supreme judicial or superior court, in the manner provided 
in section fifty of chapter one hundred and fifty-five of the 
General Laws. Upon any dissolution of the corporation the 
corporation's assets shall be distributed as directed by the 
court which ordered such dissolution. 

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 pledged herein. 

Section 20. Students may receive aid and assistance 
from the corporation notwithstanding that they are under 
twenty-one years of age, and for such purpose such minors 
shall have full legal capacity to act in their own behalf in 
the matter of contracts and other transactions, and with 
respect to such acts done by them they shall have all of the 
rights, powers and privileges and be subject to the obhga- 
tions of persons of full age. 

Section 21. 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. Approved April 30, 1956. 



Chap. 2^^ An Act relative to the sale of harmful drugs. 

Be it enacted, etc., as follows: 

Ed^'gl"' Section 1. The second paragraph of section 187A of 

§ 187A 'etc., chapter 94 of the General Laws, as appearing in section 3 
amen e . ^^ chapter 577 of the acts of 1954, is hereby amended by 

adding at the end the following sentence : — Nothing in this 
paragraph shall be construed to be in conflict with the pro- 
visions of the sixth paragraph of this section. 
Edo.'gl"' Section 2. The fourth paragraph of said section 187A of 

§ 187A, etc., said chapter 94, as so appearing, is hereby amended by in- 
amended, serting after the word "any" in line 1 the word: — harmful, 

— so as to read as follows: — 
Srmfui dfugi, ^o person shall dispense any harmful drug upon an oral 
regulated. ' or Written prescription in a container which does not bear a 
label which gives the name and address of the druggist, the 
serial number of the prescription, the date of the filHng of 
the prescription, the name of the prescriber, the name of the 
patient unless a veterinary prescription, the directions for 
use and cautionary statements if any stated in the prescrip- 
tion. Approved April SO, 1956. 



Acts, 1956. — Chaps. 300, 301, 302. 177 

An Act relative to certain notice to persons subject Qjidj) 300 
TO payment of income taxes. ^' 

Be it enacted, etc., as follows: 

Section 39 of chapter 62 of the General Laws is hereby g. l. (Xer. 
amended by striking out the first sentence, as amended by fag.'et^c'., 
section 3 of chapter 350 of the acts of 1933, and inserting in amended.' 
place thereof the following sentence : — The commissioner Notice of 
shall, as soon as may be, give wTitten notice to every person '^^^ ^^^ *^ '^"^• 
subject to taxation under this chapter of the amount of any 
tax due from him and of the time when the same is required 
to be paid. ' Approved April SO, 1956. 



An Act relative to the modification or revocation of Chav.ZQl 
certain decrees under the workmen's compensation 

LAW. 

Be it enacted, etc., as follows: 

The first paragraph of section 11 of chapter 152 of the g. l. (Xer. 
General Laws is hereby amended by striking out the last fti;!^^; 
sentence, as appearing in section 1 of chapter 129 of the acts amended.' 
of 1932, and inserting in place thereof the following sentence: 
— Upon the presentation to it of a certified copy of a de- Revocation, 
cision ending, diminishing or increasing a weekly payment etc.. of decree. 
under section twelve the court shall revoke or modify the 
decree to conform to such decision. 

Approved April SO, 1956. 



An Act eliminating the necessity of a claim for jury QJiaj) 302 

TRIAL in order TO REMOVE A CAUSE FROM THE DISTRICT 
COURTS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 231 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 104, as amended by section 2 f%4,^etc'., 
of chapter 500 of the acts of 1950, and inserting in place amended. ' 
thereof the following section: — Section 104 . No other Removal from 
party to such action shall be entitled to an appeal. In heu '^^^*^"'=* *=°^''*- 
thereof any defendant may within two days after the time 
allowed for entering his appearance file in said court a claim 
of trial by the superior court together with the sum of five 
dollars for the entry of the cause of each plaintiff in the 
superior court, and, except as provided in section one hundred 
and seven, a bond in the penal sum of one hundred dollars, 
with such surety or sureties as may be approved by the 
plaintiff or the clerk or an assistant clerk of said district 
court, payable to the other party or parties to the cause, 
conditioned to satisfy any judgment for costs which may be 
entered against him in the superior court in said cause within 
thirty days after the entry thereof. The clerk shall forthwith 
transmit the papers and entry fee to the clerk of the superior 



178 Acts, 1956. — Chap. 303. 

court, except that if such trial by the superior court is not 
claimed as to some parties to the action, the district court 
shall retain jurisdiction as to those parties, and the clerk 
shall transmit attested copies of the papers in heu of the 
originals. Any case removed to the superior court under this 
section shall proceed as though originally entered there. 
Edn'ili'^' Section 2. Section 105 of chapter 231 of the General 

§ 105, repealed. Laws is hereby repealed. 

EdV2Jr' Section 3. Section 141 of said chapter 231, as amended 

§ i'4i, etc'., by section 4 of chapter 616 of the acts of 1954, is hereby 
amended. amended by striking out, in lines 19 and 20, the words 

" , one hundred and five". Approved April 30, 1956. 

Chap.dOS An Act relative to retirement benefits for certain 

OFFICERS AND EMPLOYEES OF CO-OPERATIVE BANKS. 

Be it enacted, etc., as follows: 

Any co-operative bank, the Massachusetts Co-operative 
Bank League and the Co-operative Central Bank which is 
or may become a member of the Co-operative Banks Em- 
ployees Retirement Association, established under section 
fifty-one of chapter one hundred and seventy 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 November first, nineteen hundred and 
fifty-four and December thirty-first, nineteen hundred and 
sixty-five, after attaining sixty-five years of age, and who, at 
the time of his retirement, 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 (6) 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 be 
paid hereunder to any person retiring after December thirty- 
first, nineteen hundred and sixty-five. 

Approved April SO, 1956. 



Acts, 1956. — Chaps. 304, 305. 179 

An Act authorizing the commissioner of labor and Chav.304: 

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-seven, 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 em- 
ployment 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 condi- 
tions of hardship in an industry, branch of an industry, or 
individual establishment require or justify the suspension of 
any provision 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 depart- 
ments, operations or occupations within an establishment, 
or a particular industry or branch of an industry. The com- 
missioner shall appoint industry advisory committees, on 
which employers and employees shall be equally represented, 
to consult and advise with him in matters relating to the 
suspensions authorized by this act. 

Approved April SO, 1956. 



Chap.SOd 



An Act to protect titles to certain land under an- 
cient LEASES against REVERSION. 

Be it enacted, etc., as follows: 

Section 19 of chapter 184 of the General Laws is hereby g l. (Ter. 
amended by adding at the end the following paragraphs : — amended.' 

No proceeding based upon any right of entry or forfeiture Titles to 
which arises by reason of the termination of an estate in unde^andent 
land created prior to the second day of January, nineteen [ictld against 
hundred and fifty-six, and regarded as an estate in fee simple reversion. 
under section one of chapter one hundred and eighty-six 
shall be maintained either at law or in equity in any court 
unless a person having such right or his attorney, agent, 
guardian, conservator or parent files on or before the first 
day of January, nineteen hundred and sixty-six" in the 
registry of deeds, or in the case of registered land in the 
registry district of the land court for the district in which the 
land is situated, a statement in writing, duly sworn to, 
describing the land and the nature of the right and the deed 
or other instrument creating it, and where it may be found 
if recorded or registered, and in case of registered land 
naming the holder or holders of the outstanding certificate 
of title and stating the number of said certificate, and in 



180 Acts, 1956. — Chap. 306. 

case of land not registered naming the person or persons 
then appearing of record to own the fee subject to such 
right, or shown by the records of the tax assessors at the 
last prior assessment date to be the owner or owners thereof. 
Such statement shall be received and recorded or registered 
upon payment of the fee required by law, and shall be indexed 
in the grantor index under the person or persons so named, 
and in case of registered land, noted on the certificate of 
title. The register and assistant recorder shall also keep a 
separate list of such statements. 

This section shall apply to all such rights whether or not 
the owner thereof is a corporation or a charity or a govern- 
ment or governmental subdivision, or is under any disability 
or out of the commonwealth, and it shall apply notwith- 
standing any recitals in deeds or other instruments heretofore 
or hereafter recorded. 

This section shall not apply to any leasehold estate which 
has less than fifty years of its term unexpired, or to any 
leasehold estate mentioned in section one of said chapter 
one hundred and eighty-six, where rent due under a written 
instrument has been paid or tendered to the owner of the 
reversion within a period of twenty years prior to the first 
day of January, nineteen hundred and fifty-seven. 

Approved April SO, 1956, 



Chap.SOQ An Act relative to retirement rights of persons 

EMPLOYED ON MOSQUITO CONTROL WORK. 

Be it enacted, etc., as follows: 

G- L. (Ter. SECTION 1. The paragraph defining "District" in sec- 

§ i', etc.! tion 1 of chapter 32 of the General Laws, as amended by 

amended. gectiou 1 of chapter 583 of the acts of 1953, is hereby further 

amended by inserting after the word "fire", in fine 1, the 

words: — , mosquito control, — so as to read as follows: — 

),'Di8trict", "District", any water, sewer, light, fire, mosquito control, 

veterans' services or other improvement district or public 

unit created within one or more political subdivisions of the 

commonwealth for the purpose of providing pubHc services 

or conveniences. 

Edo.'sJ.l'i, Section 2. The paragraph defining "Employee" in said 

etc. 'further' sectiou 1 of Said chapter 32 is hereby amended by striking 

amen e . ^^^ ^j^^ ^^^^ Sentence, as appearing in chapter 185 of the 

acts of 1952, and inserting in place thereof the following 

Contributory sentence: — "Employee", as applied to persons whose regu- 



defined. 



retirement 



pensions made lar compeusatiou, except m the case oi any register of pro- 
plrson^^em*^ bate, is paid by any political subdivision of the common- 
pioyedon wealth, except the metropolitan district commission, shall 

mosquito ' i • i i ^ j • ±^ • 

control work, mean any person who is regularly employed in the service 
of any such pohtical subdivision, including members of the 
police and fire departments, teachers and employees of any 
free pubHc Ubrary or any pubHc museum maintained in any 
city or town, to the support of which said city or town con- 



Acts, 1956. — Chap. 306. 181 

tributes not less than one half of the cost, employees of 
a school lunch program as authorized under the provisions 
of chapter five hundred and forty-eight of the acts of nineteen 
hundred and forty-eight, employees of a mosquito control 
project authorized under the provisions of section five A of 
chapter two hundred and fifty-two, and also including 
officials and public officers so paid whether employed, ap- 
pointed or elected by popular vote for stated terms or other- 
wise, except members of the judiciary. 

Section 3. Section 2 of said chapter 32, as appearing in g. l. (Xer. 
section 1 of chapter 658 of the acts of 1945, is hereby amended ^tl! 'amended, 
by inserting after the word "district", in fine 26, the words: 
— , an employee of a mosquito control district or a mosquito 
control project, — so as to read as follows: — Section 2. 
The state employees' retirement system, the teachers' re- Retirement 
tirement system and all county, city and town contributory "Ir'^ons^em- 
retirement systems, established under the provisions of this ^1°^^^^°^ 
chapter, as existing on December thirty-first, nineteen control work. 
hundred and forty-five, shall, subject to the provisions of 
sections one to twenty-eight inclusive, continue in operation 
with all the rights, properties, privileges and powers and 
subject to all the duties and liabilities accrued or potential 
now existing or hereafter created or granted. Subject to 
said sections, all rights and interests of any employee, bene- 
ficiary or member in any such system or in the assets thereof 
or in or to any annuity, pension or retirement allowance in 
effect on December thirty-first, nineteen hundred and forty- 
five, are hereby continued in full force. Each such system 
shall comprise the members, beneficiaries, officers, employees 
and, subject to said sections, properties which now or here- 
after from time to time belong to it, and shall have all the 
powers necessary to effectuate the provisions of said sections. 
Subject to said sections, an employee of the commonwealth 
or of the metropolitan district commission shall be included 
in the state employees' retirement system, except that a 
register of probate shall be included in the system of the 
county in which he is elected, a teacher as defined in section 
one shall be included in the teachers' retirement system, an 
employee of a county or of a hospital district, an employee 
of a mosquito control district or a mosquito control project, 
located within a county shall be included in the system of 
such county, an employee of a city or town other than a 
teacher as defined in section one shall be included in the 
system of or which pertains to the municipality by which he 
is employed, and an employee of a district shall be included 
in a system as provided for in subdivision (4) of section 
twenty-eight. Sections one to twenty-eight inclusive, to the 
fullest extent conformable to the terms thereof, shall be 
construed as a continuation of and amendment of sections 
one to thirty-eight A inclusive, sixty-eight A, sixty-eight B 
and sixty-eight C of chapter thirty-two, as in effect on 
December thirty-first, nineteen hundred and forty-five, and 
not as a new enactment. All orders, rules and regulations of 



182 Acts, 1956. — Chaps. 307, 308. 

any retirement board of any such system in force and effect 
on December thirty-first, nineteen hundred and forty-five, 
shall, except so far as inconsistent with said sections one to 
twenty-eight inclusive, remain in force until revoked or 
repealed. 
G. L. (Ter. SECTION 4. Paragraph (a) of subdivision (4) of section 28 

etc.!*amendld'. of Said chapter 32, as amended, is hereby further amended 
by inserting after the word "employees", in lines 26 and 27, 
as appearing in section 1 of chapter 658 of the acts of 1945, 
the following: — , except that in a mosquito control project 
or district the vote only of the district board or commis- 
sioners shall be required to accept said provisions. Any 
employee who becomes a member of a retirement system by 
the acceptance by a mosquito control project or district of 
this paragraph shall be credited with prior service in accord- 
ance with the provisions of sections one to twenty-eight, 
inclusive. Approved April 30, 1956. 



Chap.307 An Act relative to the rules and regulations relat- 
ing TO A DEFINITIVE PLAN WHICH HAS BEEN SUBMITTED 
UNDER THE SUBDIVISION CONTROL LAW. 

Emergency Whereas, The deferred operation of this act would tend 

preamble. ^^ defeat its purpose which is to provide forthwith for the 
application of certain rules and regulations to certain plans 
submitted under the subdivision control 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: 

g^L. jTer. Section 81Q of chapter 41 of the General Laws, as amended 

§ 81Q, etc., by chapter 370 of the acts of 1955, is hereby further amended 

amended. ^^ adding at the end the following sentence: — Once a 

^"Idations definitive plan has been submitted to a planning board and 

relating to Written uotice has been given to the city or town clerk 

pifn^submFtted pursuaut to sectiou eighty-one T and until final action has 

under sub- been taken thereon by the planning board or the forty-five 

troi law. day time limit for such action has elapsed, the rules and 

regulations governing such plan shall be those in effect 

relative to subdivision control at the time of the submission 

of such plan. Approved May 1, 1956. 



Chap. 308 An Act authorizing the town of dudley to use certain 

LAND NOW HELD FOR PARK PURPOSES FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The town of Dudley is hereby authorized 
to use a portion of the following described parcel of land 
which was acquired by said town for park purposes, for the 
purposes of constructing a junior high school: — That cer- 
tain tract of land situate in said Dudley on the easterly side 
of Sunnyside road No. 2, formerly known as Mill street, and 



Acts, 1956. — Chap. 309. 183 

being a portion of John M. Crawford Veterans Memorial 
Park, also called John M. Crawford Memorial Park, as 
shown on a plan entitled "Plan of John M. Crawford Vet- 
erans Memorial Park, Dudley, Massachusetts", dated 
November 6, 1946, and recorded with the Worcester Dis- 
trict Registry of Deeds, said tract being bounded and de- 
scribed as follows : — Beginning at a point in the easterly 
line of said Sunnyside road No. 2, 656 feet northerly of the 
northerly line of Pine street, measured along the easterly 
line of said Sunnyside road No. 2; thence N. 33° 30' E. 450 
feet by the easterly line of said Sunnyside road No. 2 to an 
angle in said road; thence S. 56° 30' E. 696 feet by the 
southerly line of said Sunnyside road No. 2 and a proposed 
street to its intersection with the westerly line of Green 
street extension; thence S. 33° 30' W. 450 feet by the west- 
erly line of said Green street extension; thence N. 56° 30' W. 
696 feet to the point of beginning, containing 7.19 acres, 
more or less. All as shown on a plan entitled "Plan of 
John M. Crawford Veterans Memorial Park, showing por- 
tion to be released for school purposes, Dudley, Massachu- 
setts", dated March 26, 1956 to be recorded with the Worces- 
ter District Registry of Deeds. 

Section 2. The action of said town of Dudley at the 
annual town meeting held on March third, nineteen hun- 
dred and fifty-six, in voting to build a school at the John M. 
Crawford Memorial Park site, as contained in article five 
of the warrant for said meeting, is hereby validated and 
confirmed and shall have the same effect as if this act had 
been in force at the time of the posting of the warrant for 
said meeting, and any subsequent act by the School Building 
Committee done in conformity with said vote is hereby 
validated and confirmed. 

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

Approved May 1, 1956. 



An Act regulating the award of contracts by regional (Jhaj) 309 

SCHOOL districts FOR PUBLIC BUILDING PROJECTS BY 
competitive BIDDING AND THE RETURN OF BID DEPOSITS 
BY SAID DISTRICTS. 

Be it enacted, etc., as follows: 

The second paragraph of section 44B of chapter 149 of the g. l. (Ter. 
General Laws, as appearing in section 2 of chapter 645 of the §^44^^^ttc . 
acts of 1954, is hereby amended by striking out the second amended. ' 
and third sentences and inserting in place thereof the follow- 
ing two sentences : — The award of any contract referred to Award of 
in section forty-four A, except awards of such contracts con^Tmctsby 
made by regional school districts, shall be made within j^^!""f ^''^^"^ 
thirty days after the opening of bids therefor, and in the regulated. 
case of awards made by regional school districts within 
thirty-five days, or, if federal government approval is re- 
quired, within thirty days after such approval. All bid de- 



184 



Acts, 1956. — Chaps. 310, 311. 



Return of bid 
deposits. 



posits on any such proposed work shall be returned upon the 
execution and delivery of the contract therefor, or if no 
award is made, except in the case of regional school districts, 
then at the expiration of thirty days after the opening of the 
bids therefor, and in the case of regional school districts at 
the expiration of forty days, or, if federal government ap- 
proval is required, within thirty days after such approval. 

Approved May 1, 1956. 



G. L. (Ter. 
Ed.). 62, § 30, 
etc., amended. 



Verification 
of return. 



ChaV 310 ^^ ^^'^ RELATIVE TO THE TIME WITHIN WHICH THE COM- 
MISSIONER OF CORPORATIONS AND TAXATION MAY VERIFY 
INDIVIDUAL INCOME TAX RETURNS. 

Be it enacted, etc., as follows: 

Section 1. Section 30 of chapter 62 of the General Laws 
is hereby amended by striking out the first sentence, as 
amended by section 1 of chapter 452 of the acts of 1951, and 
inserting in place thereof the following sentence: — In 
order to verify any return made pursuant to this chapter 
the commissioner may, at any time within three years from 
the last day for fihng the return required by this chapter, 
direct by special authorization a deputy or other agent to 
verify the return; and for the purpose of such verification 
the books and papers of the person shall be open to the 
examining ofiicer, or shall be produced for the purpose upon 
a summons, which the commissioner, or the examining 
ofiicer, may issue. 

Section 2. Section 37 of said chapter 62 is hereby 
amended by striking out the first sentence, as appearing in 
section 1 of chapter 698 of the acts of 1949, and inserting in 
place thereof the following sentence: — If the commissioner 
finds from the verification of a return, or otherwise, that the 
income of any person subject to taxation under this chapter, 
or any portion thereof, has not been assessed, he may, at any 
time within three years from the last day for filing the return 
required by this chapter, assess the same, first giving notice 
to the person so to be assessed of his intention, and such per- 
son shall thereupon have an opportunity within ten days 
after such notification to confer with the commissioner in 
person or by counsel or other representative as to the pro- 
posed assessment. 

Section 3. This act shall take effect on January first, 
nineteen hundred and fifty-seven. 

Approved May 1, 1956. 



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



Assessment 
after verifica- 
tion of return, 
etc. 



Effective 
date. 



Chap.ZW An Act permitting payment on account of better- 
ment ASSESSMENTS PREVIOUSLY APPORTIONED. 

Be it enacted, etc., as follows: 

G. L. (Ter. SECTION 1. Sectiou 13 of chapter 80 of the General Laws 

S5;!'amended. 18 hereby amended by striking out the third sentence, as 

amended by chapter 286 of the acts of 1954, and inserting 



Acts, 1956. — Chap. 312. 185 

in place thereof the following sentence: — At any time Betterments, 
before demand for payment b}' the collector and before the apportionment 
completion by the assessors of the valuation list for the year 
in which such assessments will first appear on the annual 
tax bill, the board of assessors may, and at the request of 
the owner of the land assessed shall, apportion all assess- 
ments or unpaid balances thereof made under this chapter 
into such number of equal portions, not exceeding twenty, 
as is determined by said board or as is requestal by the 
owner, as the case may be, but no one of such portions shall 
be less than five dollars; provided, that, if an original 
assessment exceeds one hundred dollars and has been placed 
upon the annual tax bill, the board of assessors may in its 
discretion, upon the request of the owner made prior to a 
sale or taking of the land for the non-pa3rment of such 
assessment and upon payment of any necessary intervening 
charges and fees and such portions of such assessment as 
would have become due and payable if the request for 
apportionment had been seasonably made, apportion the 
said assessment as aforesaid, and if any other tax or assess- 
ment constituting a lien upon the parcel to which the assess- 
ment so apportioned relates remains unpaid after such 
apportionment, the collector may institute proceedings 
anew for the sale or taking of such parcel at any time prior 
to the expiration of the hen or of a period of twenty days 
after such apportionment, whichever is the later. 

Section 2. Said section 13 of said chapter 80 is hereby g. l. (Ter. 
further amended by striking out the second paragraph, ^tc'^fuHh«^' 
added by section 1 of chapter 489 of the acts of 1938, and amended, 
inserting in place thereof the following paragraph : — 

Notwithstanding a prior apportionment, the assessors, Collection of 
upon written application of the owner of the land assessed, '^"p^**^ **'^- 
shall order that the full amount, or any portion thereof, 
remaining unpaid of any assessment be payable forthwith 
and shall commit said amount, together with interest thereon 
from thirty days after the commitment of the original 
assessment if no portion has been added to a tax levy, or if 
a portion has been added to a tax levy, then with interest 
from October first of the year to which the last portion has 
been added, with their warrant therefor, to the collector for 
collection. If a part of a prior apportioned assessment is 
ordered to be payable forthwith, the payments shall be 
credited to the terminal or final years so as to reduce the 
period of payment. Approved May 1, 1966. 



An Act authorizing welfare districts to engage legal Chav.?i\2 

COUNSEL. 

Be it enacted, etc., as follows: 

Section 44 of chapter 117 of the General Laws is hereby Sj^-jJ-^'- 
amended by striking out the third sentence, as appearing in Mi.'eto.,' 
chapter 476 of the acts of 1938, and insertmg in place thereof ^^nended. 



186 



Acts, 1956. — Chaps. 313, 314. 



District wel- 
fare committee 
to engage 
legal counsel. 



the following two sentences : — The committee may engage 
legal counsel. The committee shall determine the relative 
amount of service to be performed by said employees in 
each town, fix their salaries, apportion the amount thereof 
and of their necessary expenses, and of the expenses of legal 
counsel, to be paid by each town and certify the same to 
each town treasurer. Approved May 1, 1956. 



Chap. 31^ An Act relative to forms of pleadings in actions at 

LAW IN THE SUPREME JUDICIAL, SUPERIOR AND DISTRICT 
COURTS. 



G. L. (Ter. 
Ed.), 231, 
5 147, etc., 
amended. 



Forms of 
pleadings, 
etc. 



Be it enacted, etc., as follows: 

Section 147 of chapter 231 of the General Laws, as 
amended, is hereby further amended by striking out the 
first paragraph, as appearing in the Tercentenary Edition, 
and inserting in place thereof the following paragraph : — 
The following forms of pleadings, or any other suitable 
forms, may be used for the purposes therein indicated, and 
similar forms with the necessary changes may be used for 
other like purposes, subject to such changes as the courts 
shall, respectively, make and promulgate for use in such 
courts, and subject to the final approval of the justices of 
the supreme judicial court: . Approved May 1, 1956. 



G. L. (Ter. 
Ed.), 201, § 1. 
etc., amended. 



Jurisdiction of 
probate court. 



Chap.Z14: An Act relative to the appointment, powers and 

DUTIES OF GUARDIANS AND CONSERVATORS FOR MENTALLY 
ILL PERSONS. 

Be a enacted, etc., as follows: 

Section 1, Chapter 201 of the General Laws is hereby 
amended by striking out section 1, as most recently amended 
by section 1 of chapter 728 of the acts of 1945, and inserting 
in place thereof the following section : — Section 1 . The 
probate court may, if it appears necessary or convenient, 
appoint guardians of minors, mentally ill persons and spend- 
thrifts and conservators of the property of persons by reason 
of advanced age, mental weakness or physical incapacity 
unable to properly care for their property, who are in- 
habitants of or residents in the county or who reside out of 
the commonwealth and have estate within the county. 

Section 2. Said chapter 201 is hereby further amended 
by striking out section 6, as most recently amended by section 
13 of chapter 194 of the acts of 1941, and inserting in place 
thereof the following section : — Section 6. Two or more 
relatives or friends of a mentally ill person, or the mayor and 
aldermen of a city or the selectmen of a town in which he is 
an inhabitant or resident, or the department of mental 
health, may file a petition in the probate court asking to 
have a guardian appointed for him; and if after notice as 
provided in section seven and a hearing the court finds that 



G. L. (Ter. 
Ed.), 201, § 6, 
etc., amended. 



Appointment 
of guardian of 
mentally ill 
person. 



Acts, 1956. — Chap. 314. 187 

he is incapable of taking care of himself by reason of mental 
illness, it shall appoint a guardian of his person and estate. 
A copy of such appointment shall be sent by mail by the 
register to the said department. The court may require 
additional medical testimony as to the mental condition of 
the person alleged to be mentally ill and may require him to 
submit to examination. It may also appoint one or more 
physicians, expert in mental illness, to examine such person 
and report their conclusions to the court. Reasonable ex- 
pense incurred in such examination shall be paid out of the 
estate of such person or by the county as may be determined 
by the court. 

Section 3. Said chapter 201 is hereby further amended Ed)"2or5 7 
by striking out section 7, as most recently amended by etc!. 'amended', 
section 14 of chapter 194 of the acts of 1941, and inserting 
in place thereof the following section: — Section 7. Upon Notice. 
such petition the court shall cause not less than seven days' 
notice of the time and place appointed for the hearing to be 
given to the alleged mentally ill person, to the department 
of mental health, and, if the alleged mentally ill person is 
entitled to any benefit, estate or income paid or payable by 
or through the United States veterans' bureau or its suc- 
cessor, to said bureau or its successor, except that the court 
may, for cause shown, direct that a shorter notice be given. 
No appointment shall be made without such notice to the 
heirs apparent or presumptive of the alleged mentally ill 
person, including the husband or wife, if any, as the court 
may order. In the matter of said petition and all subsequent 
proceedings relating thereto said bureau or its successor shall 
be deemed to be a party in interest if the alleged mentally ill 
person is so entitled. 

Section 4. Said chapter 201 is hereby further amended EJ^-^of^ig 
by striking out section 12, as appearing in the Tercentenary amended.' 
Edition, and inserting in place thereof the following section: 
— Section 12. The guardian of a mentally ill person or Powers and 
spendthrift shall have the care and custody of the person of guardfin of 
his ward, except as provided in section twenty-four, and the mentally iii 
management of all his estate, and shall give the bond pre- spendthrift. 
scribed in section one of chapter two hundred and five, 
except that the conditions relative to the education of the 
ward shall be omitted. 

Section 5. Said chapter 201 is hereby further amended ido.' 2oiT'5 13. 
by striking out section 13, as most recently amended by etc.'ameAded. ' 
section 15 of chapter 194 of the acts of 1941, and inserting 
in place thereof the following section: — Section 13. The Termination 
guardian of a mentally ill person or spendthrift may be dis- ghil"^"^**''' 
charged by the probate court, upon the application of the 
ward or otherwise, when it appears that the guardianship is 
no longer necessary ; except that in the case of a mentally ill 
person seven days' notice of the petition shall be given to the 
department of mental health. In the event of the death, 
resignation or removal of the guardian of a mentally ill 
person, the court, on the application of the former ward and 



188 



Acts, 1956. — Chap. 314. 



G. L. (Tcr. 
Ed.). 201, 
5 13A, etc., 
amended. 

Petitions for 
removal of 
guardians of 
mentally ill 
persons. 



G. L. (Ter. 
Ed.), 201, 
5 14, etc., 
amended. 



Appointment, 
etc., of 
temporary 
guardians. 



G. L. (Ter. 
Ed.), 201, 5 20, 
amended. 



Powers and 
duties of 
conservators. 



G. L. (Ter. 
Ed.). 201, § 22 
amended. 

Allowance for 
defence. 



G. L. (Ter. 
Ed.), 201, 5 24 
amended. 



after notice to his heirs apparent or presumptive, inchiding 
the husband or wife, if any, and to the said department, may 
certify that the said ward is discharged by operation of law 
and, if it so appears, that guardianship of said ward is no 
longer necessary. 

Section 6. Said chapter 201 is hereby further amended 
by striking out section 13A, inserted by chapter 325 of the 
acts of 1941, and inserting in place thereof the following 
section: — Section ISA. Two or more relatives or friends of 
a mentally ill person, or the mayor and aldermen of a city 
or the selectmen of a to\Mi in which he is an inhabitant or 
resident, or the department of mental health, may file a peti- 
tion for the removal of a guardian of such mentally ill person. 

Section 7. Said chapter 201 is hereby further amended 
by striking out section 14, as most recently amended by 
section 16 of chapter 194 of the acts of 1941, and inserting in 
place thereof the following section: — Section 14- Upon 
petition of a mayor or the selectmen, the board of public 
welfare, the department of mental health, or other person 
in interest, the court may, if it finds that the welfare of a 
minor, a mentally ill person or spendthrift requires the im- 
mediate appointment of a temporary guardian of his person 
and estate, appoint a temporary guardian of such minor, 
mentally ill person or spendthrift, with or without notice, 
and may in like manner remove or discharge him or terminate 
the trust. A temporary guardian may proceed and continue 
in the execution of his duties, notwithstanding an appeal 
from the decree appointing him, until it is otherwise ordered 
by the supreme judicial court, or until the appointment of a 
permanent guardian, or until the trust is otherwise legally 
terminated. 

Section 8. Said chapter 201 is hereby further amended 
by striking out section 20, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following section : 
— Section 20. A conservator shall have the same powers and 
duties, except as to the custody of the person, as a guardian of 
a mentally ill person; and all laws relative to the jurisdiction 
of the probate court over the estate of a person under guardi- 
anship as a mentally ill person, including the management, 
sale or mortgage of his property and the payment of his 
debts, shall be applicable to the estate of a person under 
conservatorship. 

Section 9. Said chapter 201 is hereby further amended 
by striking out section 22, as so appearing, and inserting in 
place thereof the following section : — Section 22. If a con- 
servator or a guardian for a mentally ill person or spendthrift 
is appointed, the court shall make an allowance, to be paid 
by the conservator or guardian, for all reasonable expenses 
incurred by the ward in opposing the petition. 

Section 10. Said chapter 201 is hereby further amended 
by striking out section 24, as so appearing, and inserting in 
place thereof the following section: — Section 2 4. The 
guardian of a married woman shall not have the care, custody 



Acts, 1956. — Chap. 314. 189 

or education of his ward, except in case of the mental illness Guardian of 
of her husband, or of his abandoning her by absenting himself ^.^an^not 
from the commonwealth and making no sufficient provision to have 

/•I custody, etc., 

for her. of ward, 

Section 11. Said chapter 201 is hereby further amended except, etc. 
by striking out section 26, as so appearing, and inserting in Ed.).' 201?' 
place thereof the following section: — Section 26. If si ^ ^^^< ^^^^<^^<^- 
married woman is by reason of mental illness incompetent to mentaify'^iif'^ 
release her right of dower or of homestead, a guardian may ^^^Tied 

. ■, n ^ • ^ '.-", ,*^ woman hav- 

be appomted for her in the same manner as 11 she were sole, ing right of 
with the powers and duties given to guardians of married '^°"'^''' ^*•'• 
women who own property, and the husband or any suitable 
person may be appointed such guardian. 

Section 12. Said chapter 201 is hereby further amended g. L.-(Ter. 
by striking out section 33, as most recently amended by fsa.'et^c^,' 
section 2 of chapter 478 of the acts of 1954, and inserting in amended. 
place thereof the following section: — Section 33. If a Removal, etc.. 
guardian or conservator becomes mentally ill or otherwise °t/"and^a"' 
incapable of performing his trust or is unsuitable therefor, the pointment of 
probate court, after notice to him and to all other persons ^"^'^^ssor. 
interested, may remove him. If the petition for removal 
contains a prayer therefor the court may, upon such notice 
as it considers reasonable, appoint a successor to fill any 
vacancy caused by such removal, without the filing of a 
separate petition for that purpose. Upon the request of a 
guardian or conservator, the probate court may allow him 
to resign his trust. Upon such removal or resignation, and 
upon the death of a guardian or conservator, another may 
be appointed in his stead by the same court. 

Section 13. Said chapter 201 is hereby further amended Sj^-^of''-5 4o 
by striking out section 42, as appearing in the Tercentenary amended.' 
Edition, and inserting in place thereof the following section: 
— Section 4^- The probate court may, upon the appUcation support of 
of the guardian of a mentally ill person or of a child or the children of 
guardian of a child of a mentally ill person, after notice to all "etson under 
other persons interested, authorize and require the guardian guardianship. 
of such mentally ill person to apply to the maintenance and 
education of any child or children of said ward such portion 
as the court orders of the estate of the ward, which is not 
required for his maintenance and support. 

Section 14. Said chapter 201 is hereby further amended EdV'2(n'^'§43 
by striking out section 43, as so appearing, and inserting ameAded.' 
in place thereof the following section : — Section 43. The support of 
probate court for the county where a guardian of a mentally ^g^^^jj i„ 
ill person has been appointed may make an allowance out of person under 
the estate of such mentally ill person for the support of his g"a'''i»a»ship. 
wife, to be paid to her by the guardian during the continu- 
ance of the guardianship in such manner as the court orders. 

Section 15. Said chapter 201 is hereby further amended EdV'2or' 
by striking out section 43A, as so appearing, and inserting in 5 43a, 
place thereof the following section: — Section 43 A. The ^'^^'"^^'^■ 
probate court, upon the apphcation of the guardian or de- 
pendent parent of a mentally ill person, and after such notice 



190 



Acts, 1956. — Chap. 314. 



Support of 
dependent 
parents of 
mentally ill 
persons under 
guardianship. 



G. L. (Ter. 
Ed.), 201, 
5 45, etc., 
amended. 



Election, 
waiver, or 
exercise of 
power by 
guardian, etc. 



G. L. (Ter. 
Ed.), 201, 
i 48 A, etc., 
amended. 



Provision 
for burial 
expenses of 
wards. 



to all other persons interested as it directs, may authorize 
such guardian to apply towards the support of such de- 
pendent parent such portion of the estate of such mentally 
ill person not required for his own maintenance and support 
as it may order. 

Section 16. Said chapter 201 is hereby further amended 
by striking out section 45, as most recently amended by 
section 2 of chapter 338 of the acts of 1945, and inserting 
in place thereof the following section : — Section ^5. If 
property, rights or benefits given by will or by law depend 
upon the election, waiver or other act of a person incom- 
petent by reason of mental illness or minority to perform 
the same, his guardian may make such election or waiver or 
perform such act; provided, that no waiver of the provisions 
of a will under this section shall be vahd until approved by 
the probate court after notice to such persons, if any, as the 
court shall deem proper and a hearing thereon, and provided 
also that if a power is vested in a mentally ill person for his 
own benefit, or his consent is required for the exercise of 
any power where the power of consent is in the nature of a 
beneficial interest in himself, his guardian may, by order of 
the probate court, made after notice to such persons, if any, 
as the court shall deem proper, exercise the power or give the 
consent in such manner as shall be authorized or directed by 
the order. If, in any case where the guardian of a ward in- 
competent by reason of mental illness or minority has not 
waived the provisions of the will of the ward's spouse or 
brought a petition under this section for approval of a waiver 
of the provisions thereof and a guardian ad litem has been 
appointed under section one B of chapter one hundred and 
ninety-two, such guardian ad litem is of opinion that a waiver 
of the provisions thereof is for the benefit and for the best 
interests of the ward, and the guardian fails to take such 
action after written demand made upon him, such guardian 
ad litem as next friend may waive the provisions thereof, 
subject to the approval of the probate court as hereinbefore 
provided. 

Section 17. Said chapter 201 is hereby further amended 
by striking out section 48A, as most recently amended by 
section 1 of chapter 311 of the acts of 1954, and inserting in 
place thereof the following section: — Section 48 A. Upon 
application therefor by a conservator or by a guardian of a 
mentally ill person or a spendthrift, whose ward is a resident 
of the commonwealth, the probate court, after such notice as 
it deems necessary, and a hearing, may authorize such con- 
servator or guardian to deposit for the purpose hereinafter 
stated, in a savings bank, or in the savings department of a 
trust company, within the commonwealth, or on paid-up 
shares and accounts of and in a co-operative bank, a sum not 
exceeding five hundred dollars, or may authorize said con- 
servator or guardian to purchase a share account of a federal 
savings and loan association or a savings and loan association 
located within the commonwealth, in a sum not exceeding 



Acts, 1956. — Chap. 315. 191 

five hundred dollars, to be expended solely for, or towards 
the expense of, the burial of his ward. Such deposit or pur- 
chase shall be made in the name of the judge of probate for 
the time being, and shall be subject to the order of the judge 
and of his successors in office. The person making such 
deposit or purchase shall file in the probate court a memo- 
randum thereof and the deposit book or share account book, 
and the amount so deposited or purchased shall, for the pur- 
pose of the accounting by said guardian or conservator, be 
allowed as payment. Upon the death of such ward, the 
probate court may, upon application and after like notice 
and hearing, order the payment of such deposit or purchase, 
together with any accrued interest thereon, hereinafter re- 
ferred to as such deposit or purchase, to the executor of the 
will of such ward or to the administrator of the estate, to be 
expended by him only for the purpose hereinbefore stated, 
and, in case no executor or administrator is appointed, said 
court may order paj^ment from such deposit or purchase 
together with any accrued interest thereon to any undertaker 
or other person, of any charge for such burial or sum ex- 
pended therefor which it finds to be proper, but not exceeding 
the amount of such deposit or purchase together with any 
accrued interest thereon, or may apportion such deposit or 
purchase together with any accrued interest thereon be- 
tween several claimants for such charges or expenses but in 
no event to exceed the total amount of such charges, or 
expenses; provided that any balance remaining after the 
payment of such charges or expenses shall become general 
assets of the estate. The provisions of chapter two hundred 
A shall not be applicable to funds deposited under this 
section. 

Section 18. Chapter 206 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 7, as most recently amended ^tl! amended, 
by section 18 of chapter 194 of the acts of 1941, and inserting 
in place thereof the following section : — Section 7. No Notice before 
final account or discharge of a guardian of a mentally ill gHaJSan^a"^ 
person shall be allowed unless at least seven days' notice has account, 
been given to the department of mental health. No account 
of a guardian of a mentally ill person or of a conservator shall 
be allowed without such notice as the court may order to the 
United States veterans' bureau or its successor if the ward is 
entitled to any benefit, estate or income paid or payable by 
or through said bureau or its successor. 

Approved May 1, 1956. 



An Act to provide for further classification of poli- (7/iar).315 
ciES insuring atomic radiation, flood and other 

RISKS AND hazards. 

Be it enacted, etc., as follows: 

Section 80 of chapter 175 of the General Laws, as most ej^iJs'"" 
recently amended by section 4 of chapter 384 of the acts s so." etc.,' 

amended. 



192 Acts, 1956. — Chap. 316. 

of 1955, is hereby further amended by inserting after the 
first paragraph the following paragraph : — 
S^^ol^ies'"" Notwithstanding any other provision of this chapter, 
insuring atomic poKcies insuring only against any one or more of the follow- 
an*d ^other ^iakl ing risks : loss or damage to property by radioactive contami- 
and hazards, nation, loss or damage to property by flood, loss or damage to 
property by waves or overflow of tidal water, legal liabiUty 
for any loss or damage to person or property resulting from 
atomic radiation or radioactive contamination arising out of 
or in connection with the construction, manufacture, opera- 
tion, maintenance or repair of any atomic reactor or com- 
ponent part thereof, the handling, processing, reprocessing, 
storage or disposal of atomic fuel or of waste therefrom or the 
regular use of any significantly dangerous concentration of 
any radioactive substance or material, including injury to 
or death of any person and loss or damage to property, due 
to any of said causes, may, in like manner and with the 
written approval of the commissioner, and upon such condi- 
tions, if any, as he may prescribe, be placed in a classification 
or classifications separate from those for policies classified 
under the first paragraph of this section, and the percentages 
of dividend for policies placed in any classification made 
under this paragraph may be different from those for pohcies 
placed in any other classification made under this or the first 
paragraph. The provision of the first paragraph of this 
section requiring the endorsing of policies shall not apply to 
pohcies classified under this paragraph, nor shall it apply 
to other pohcies if all such other pohcies except policies 
written on an indivisible premium basis are in one classi- 
fication. Approved May 1, 1956. 



Chap.SlQ An Act increasing the distributive share of the 

ESTATE OF A DECEASED PERSON TO WHICH THE SURVIVING 
SPOUSE IS ENTITLED WHERE THERE IS KINDRED AND NO 
ISSUE. 

Be it enacted, etc., as follows: 

Edn'\w% 1 Section 1. Section 1 of chapter 190 of the General Laws 
etc!, ameAded'. Is hereby amended by striking out paragraph (1), as amended 
by section 1 of chapter 238 of the acts of 1945, and inserting 
in place thereof the following paragraph : — 
s^^'dvfig (^) ^^ ^he deceased leaves kindred and no issue, and it 

husband appears on determination by the probate court, as herein- 

after provided, that the whole estate does not exceed twenty- 
five thousand dollars in value, the surviving husband or wife 
shall take the whole thereof; otherwise such survivor shall 
take twenty-five thousand dollars and one half of the re- 
maining personal and one half of the remaining real property. 
If the personal property is insufficient to pay said twenty-five 
thousand dollars, the deficiency shall, upon the petition of 
any party in interest, be paid from the sale or mortgage, ia 
the manner provided for the payment of debts or legacies, 



or wife. 



Acts, 1956. — Chap. 316. 193 

of any interest of the deceased in real property which he 
could have conveyed at the time of his death; and the sur- 
viving husband or wife shall be permitted, subject to the 
approval of the court, to purchase at any such sale, notwith- 
standing the fact that he or she is the administrator of the 
estate of the deceased person. A further sale or mortgage of 
any real estate of the deceased may later be made to pro- 
vide for any deficiency still remaining. Whenever it shall 
appear, upon petition to the probate court of any party in 
interest, and after such notice as the court shall order, and 
after a hearing thereon, that the whole amount of the estate 
of the deceased, as found by the inventory and upon such 
other evidence as the court shall deem necessary, does not 
exceed the sum of twenty-five thousand dollars over and 
above the amount necessary to pay the debts and charges 
of administration, the court shall itself by decree determine 
the value of said estate, which decree shall be binding upon 
all parties. If additional property is later discovered, the 
right or title to the estate covered by such decree shall not 
be affected thereby, but the court may make such further 
orders and decrees as are necessary to effect the distribution 
herein provided for. 

Section 2. Chapter 191 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 15, as appearing in the ^^ended.' ^ ^^' 
Tercentenary Edition, and inserting in place thereof the 
following section: — Section 15. The surviving husband or Right to 
wife of a deceased person, except as provided in section "'aivewiii 
thirty-five or thirty-six of chapter two hundred and nine, 
within six months after the probate of the will of such 
deceased, may file in the registry of probate a writing signed 
by him or by her, waiving any provisions that may have 
been made in it for him or for her, or claiming such portion 
of the estate of the deceased as he or she is given the right to 
claim under this section, and if the deceased left issue, he or 
she shall thereupon take one third of the personal and one 
third of the real property; and if the deceased left kindred 
but no issue, he or she shall take ten thousand dollars and 
one half of the remaining personal and one half of the re- 
maining real property; except that in either case if he or she 
would thus take real and personal property to an amount 
exceeding ten thousand dollars in value, he or she shall 
receive, in addition to that amount, only the income during 
his or her life of the excess of his or her share of such estate 
above that amount, the personal property to be held in trust 
and the real property vested in him or her for fife, from the 
death of the deceased. If the deceased left no issue or 
kindred, the surviving husband or wife shall take ten thou- 
sand dollars and one half of the remaining personal and one 
half of the remaining real property absolutely. If the real 
and personal property of the deceased which the surviving 
husband or wife takes under the foregoing provisions exceeds 
ten thousand dollars in value, and the surviving husband or 
wife is to take only ten thousand dollars absolutely, the ten 



194 



Acts, 1956. — Chap. 317. 



Court may 
extend time 
for filing 
claim, etc. 



thousand dollars above given absolutely shall be paid out 
of that part of the personal property in which the husband or 
wife is interested; and if such part is insufficient the de- 
ficiency shall, upon the petition of any person interested, be 
paid from the sale or mortgage in fee, in the manner provided 
for the payment of debts or legacies, of that part of the real 
property in which he or she is interested. Such sale or mort- 
gage may be made either before or after such part is set off 
from the other real property of the deceased for the life of 
the husband or widow. If, after probate of such will, legal 
proceedings have been institutecl wherein its validity or 
effect is drawn in question, the probate court may, within 
said six months, on petition and after such notice as it orders, 
extend the time for filing the aforesaid claim and waiver until 
the expiration of six months from the termination of such 
proceedings. 

Section 3. This act shall apply only in cases of estates 
of persons dying on or after January first, nineteen hundred 
and fifty-seven. Approved May 1, 1956. 



Chap.S17 An Act authorizing a board of public welfare to 

DESIGNATE A PERSON TO PETITION FOR APPOINTMENT AS 
A VOLUNTARY ADMINISTRATOR IN CERTAIN CASES. 



G. L. (Ter. 
Ed.). 195. 
» 16, etc.. 
amended. 



Appointment 
of voluntary 
administrator 
in certain 
oases , au- 
thorized. 



Be it enacted, etc., as follows: 

Section 1. Section 16 of chapter 195 of the General 
Laws is hereby amended by striking out the first paragraph, 
as appearing in section 1 of chapter 562 of the acts of 1954, 
and inserting in place thereof the following paragraph : — 
If an inhabitant of the commonwealth dies leaving an estate 
consisting entirely of personal property the total value of 
which does not exceed five hundred dollars, his surviving 
spouse, child, parent, brother or sister if of full age and 
legal capacity and an inhabitant of the commonwealth, or, 
in the case of a person who at his decease was receiving relief 
or support under chapter one hundred and seventeen or 
assistance under chapter one hundred and eighteen, one 
hundred and eighteen A or one hundred and eighteen D, 
any person designated to act as a voluntary administrator of 
the estate of such person by the board of public welfare of 
the town from which such person at his decease was re- 
ceiving such relief, support or assistance, may, after the 
expiration of thirty days from the death of the decedent, 
provided no petition for letters testamentary or letters of 
administration has been filed with the probate court of the 
county in which the decedent resided, file with said probate 
court upon a form prescribed by the court a statement 
verified by oath or affirmation containing : (a) the name and 
residential address of the affiant, (6) the name, residence 
and date of death of the deceased, (c) the relationship of the 
affiant to the deceased, (d) a schedule showing every asset 
of the estate known to the affiant and the estimated value of 
each such asset, (e) a statement that the affiant has under- 



Acts, 1956. — Chap. 318. 195 

taken to act as voluntary administrator of the estate of the 
deceased and will administer the same according to law and 
apply the proceeds thereof in conformity with this section 
and (/) the names and addresses of survi\ang j oint owners of 
property with the deceased, know^n to the affiant. The oath 
required by this section shall not be governed by section 
one A of chapter two hundred and sixty-eight. 

Section 2. Section 30 of chapter 117 of the General g. l. (Xer. 
Laws is hereby repealed. repealed!" ^°' 

Section 3. The provisions of section sixteen of chapter 
one hundred and ninety-five of the General Laws, as amended 
by section one of this act shall apply only in the case of a 
person dying on or after its effective date. 

Approved May S, 1956. 



An Act authorizing the department of public health C/iap.S 18 

TO CONVEY clear POND TO THE TOWN OF LAKEVILLE, 

Be it enacted, etc., as follows: 

Section 1. The department of public health is hereby 
authorized and directed to convey Clear pond, a source of 
water supply for the Lakeville state sanatorium, which pond 
is deemed no longer necessary for the purpose of providing a 
drinking water supply to said Lakeville state sanatorium, 
together with the land around said pond to the town of 
Lakeville. The area to be conveyed is situate in Lakeville 
and is bounded and described as follows: — 

Beginning at a point at the intersection of the north- 
easterly side of Clear Pond road and the southerly side of 
Rhode Island road in Lakeville, and thence by the north- 
easterly sideline of Clear Pond road, 2,415 feet, more or less, 
to a bound; thence north 59° 46' east, by land now or for- 
merly of Frank A. Hackett, 874 feet to a bound; thence 
north 29° 01' west, by land formerly of Everett T. Lincoln, 
700 feet, more or less, to a woods road which is the old 
location of Rhode Island road; thence northwesterly by the 
southerly and westerly sidehne of said woods road 675 feet, 
more or less, to Rhode Island road; and thence westerly by 
the southerly sideline of said Rhode Island road 1,860 feet, 
more or less, to the point of beginning. 

Said pond and land shall, except as provided in section 
two, be maintained as a public park for the benefit of the in- 
habitants of the town of Lakeville, and the cost of ad- 
ministering and maintaining said park shall be borne by the 
town of Lakeville; provided, however, that the department 
of public health may reserve the right to maintain its pump- 
ing station, pipe line and power line, and to draw on the 
waters of said Clear pond, for the purposes of emergency 
water supply at Lakeville state sanatorium, together with 
such lands as may be required in connection therewith. 

Section 2. The town of Lakeville and the town of Middle- 
borough are hereby authorized to enter into an agreement 



196 Acts, 1956. — Chap. 319. 

extending to the inhabitants of the town of Middleborough 
the same privileges and rights in the use of said park as are 
afforded the inhabitants of the town of Lakeville, and es- 
tabhshing the amounts which each of said towns shall con- 
tribute annually towards the cost of administering and 
maintaining said park. 

Section 3. Nothing in this act shall prevent the depart- 
ment of public health from enforcing its rules and regulations 
for preventing the pollution and securing the sanitary 
protection of the water of Clear pond during such periods of 
emergency use. 

Section 4. Section 1 of chapter 316 of the acts of 1953 
is hereby amended by striking out the first sentence and in- 
serting in place thereof the following sentence: — The de- 
partment of public health is hereby authorized to install a 
pipe line to connect with the water supply system of the town 
of Middleborough and to construct a meter pit and install a 
meter, if and when required, and do all other things as may 
be necessary to provide a water supply for the Lakeville 
state sanatorium. 

Section 5. This act shall take effect upon its acceptance 
^ by the town of Lakeville at any annual or special town 

meeting called for the purpose. Approved May 3, 1956. 

Chap.S19 An Act authorizing the board of trustees of the 

LOWELL technological INSTITUTE OF MASSACHUSETTS 
TO PURCHASE CERTAIN LAND AND BUILDINGS IN THE 
CITY OF LOWELL. 

Be it enacted, etc., as foUoivs: 

Section 1. The board of trustees of Lowell Technological 
Institute of Massachusetts is hereby auhorized to purchase 
a certain parcel of land, with the buildings thereon, located 
in the city of Lowell, bounded and described as follows: — 

Beginning at the easterly corner of the premises at a stone 
bound, on the westerly side of Riverside street, running 
westerly therefrom by land now or formerly of Joseph J. 
Richards one hundred twenty-seven and seventy-four 
hundredths (127.74) feet; thence, southerly by land of the 
city of Lowell two hundred eighteen and four hundredths 
(218.04) feet; thence easterly by land now or formerly of 
John Clancy one hundred seventy-nine and eighty hun- 
dredths (179.80) feet; thence northeasterly by Riverside 
street to another stone bound thirty-nine and forty-nine 
hundredths (39.49) feet; thence northerly still on Riverside 
street to the point of beginning two hundred twelve and 
twenty-eight hundredths (212.28) feet containing in all 
35,990 square feet. 

Said land and buildings being the same recorded in the 
Middlesex North District Registry of Deeds, Book 1053, 
Page 437, as 218 and 220 Riverside street in a deed con- 
veying title to Berthe L. Girard and Willie A. Girard, 
husband and wife, both of said Lowell. 



Acts, 1956. — Chaps. 320, 321. 197 

Section 2. The board of trustees of said institute may- 
expend for the purposes of this act such sums as may be 
appropriated therefor. Approved May 3, 1956. 



An Act validating the town meeting in the town of C hap. S20 

PHILLIPSTON HELD IN THE CURRENT YEAR. 

Be it enacted, etc., as follows: 

Section 1. The town meeting of the town of Phillipston 
held on February seventeenth in the current year, and all 
acts and proceedings of said town and of its boards and officers 
and all acts of any other person, in so far as said acts or pro- 
ceedings may be illegal or invalid by reason of the fact that 
said meeting was held on the third Friday of February in- 
stead of on the second Friday of February, are hereby made 
legal and valid. 

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

Approved May 4, i966. 



An Act authorizing the town of mills ury to appro- Chap. 321 
priate a sum of money for the purpose of stream 
clearance within said town and to defray the cost 
thereof by borrowing, and validating certain pro- 
ceedings of the town in relation to the same. 

Be it enacted, etc., as follows: 

Section 1. The town of Millbury is hereby authorized 
to raise and appropriate a sum not exceeding forty-eight 
thousand dollars for the purpose of stream clearance of the 
Blackstone river within the boundaries of said town, said 
sum to be expended in conjunction with any money which 
may be allotted for the purpose by the commonwealth under 
the provisions of chapter ninety-one of the General Laws. 

Section 2. For the purpose of providing funds to meet 
the appropriation authorized by section one, the town of 
Millbury may, by the issuance of bonds or notes, borrow 
such sums as may be necessary, not exceeding forty-eight 
thousand dollars, payable in not more than eight years. 
Said bonds or notes shall bear on their face the words, 
Millbury Stream Clearance Loan, Act of 1956. Each 
authorized issue shall constitute a separate loan. Indebted- 
ness incurred under this act shall be within the statutory 
hmit 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 3. Any action taken pursuant to authority con- 
tained in this act by the town of Millbury at the annual 
town meeting held in said town on March tenth, nineteen 
hundred and fifty-six, shall be vafid and effective for all pur- 



198 



Acts, 1956. — Chap. 322. 



poses as though this act were in effect at the time of the 
posting of the warrant for said meeting. 
Section 4. This act shall take effect upon its passage. 

Approved May 4, 1956. 



Chap.322 An Act providing for the deposit of certain security 

WITH THE state TREASURER IN LIEU OF A SURETY COM- 
PANY bond UNDER THE CIGARETTE EXCISE LAW. 

prTambb''^ TFAcreas, The deferred operation of this act would tend to 

defeat its purpose, which is to provide immediately for the 
deposit of certain security \vith the state treasurer in lieu of 
a surety company bond under the cigarette excise law, 
therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public 
convenience. 



G. L. (Ter. 
Ed.), e4C, 
5 9, etc., 
amended. 



Deposit of 
certain 
security in 
lieu of surety 
company 
bond, au- 
thorized. 



Effective 
date. 



Be it enacted, etc., as follows: 

Section 1. Section 9 of chapter 64C of the General 
Laws, as appearing in section 1 of chapter 547 of the acts 
of 1945, is hereby further amended by adding at the end the 
following paragraph : — 

In lieu of a surety company bond a licensee may deposit 
with the state treasurer bonds or other negotiable obligations 
of the commonwealth or of the United States of America of 
such aggregate face amount as the commissioner may from 
time to time deem necessary adequately to secure payment of 
the excise provided by this chapter; provided, that bonds 
need not be accepted by the state treasurer unless in regis- 
tered form and of denominations satisfactory to him. In 
case of a deposit of bonds or other negotiable obligations 
with the state treasurer hereunder, he shall, while in posses- 
sion of such bonds, remit to such licensee as aforesaid, or 
persons entitled thereto, the interest accruing and payable 
thereon, and, if such excises together with all interest and 
other charges accrued thereon shall be paid in full and if the 
person is no longer a licensee under section two, he shall 
return such bonds or obligations to the persons entitled 
thereto. If the excise together with all interest and other 
charges accrued thereon provided by this chapter shall not 
be paid in accordance with this chapter, the state treasurer 
may sell all or any part of such bonds or obligations to 
satisfy the amount due the commonwealth as aforesaid and 
shall return to the persons entitled thereto any excess left 
in his hands, provided, however, the person is no longer a 
licensee under section two. 

Section 2. This act shall take effect on July first, nine- 
teen hundred and fifty-six. Approved May 4, 1966. 



Acts, 1956. — Chap. 323. 199 

An Act relative to the co-operative central bank QfiQ^j) 303 

AND TO insurance OF SHARES AND ACCOUNTS IN CO-OP- 
ERATIVE BANKS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 170 of the General Laws is hereby g. l. (Ter. 

" ^•- 170, 
34A, 



amended by inserting after section 34 under the heading newi^"^' 



MEMBERSHIP IN FEDERAL SAVINGS AND LOAN INSURANCE added. 

CORPORATION, the following section: — -Section Sj-A. Such Membership 
corporation may, subject to the provisions of sections eleven Savings and 
to sixteen, inclusive, of chapter seventy-three of the acts of ance"cofpora- 
nineteen hundred and thirty-four, as amended, become a *^'o" °f . 
member of the Federal Savings and Loan Insurance Corpora- banks!"^* '""^ 
tion, created by an act of Congress, approved June twenty- 
seventh, nineteen hundred and thirty-four, and known as the 
National Housing Act, or any successor of said insurance 
corporation, and may terminate such membership at any 
time. Upon payment by the Federal Savings and Loan 
Insurance Corporation of the insured portion of any share, 
deposit or other accounts in a corporation so insured, the 
Federal Savings and Loan Insurance Corporation shall, sub- 
ject to the provisions of section sixteen of said chapter 
seventy-three, be subrogated to the rights of the person to 
whom such insurance was so paid to receive the same dis- 
tribution from the proceeds of the assets and claims of such 
corporation as would have been payable to him on a claim 
for the portion of his account insured by the Federal Savings 
and Loan Insurance Corporation. 

Section 2. Section 1 of chapter 45 of the acts of 1932, 
as most recently amended by section 1 of chapter 244 of the 
acts of 1938, is hereby further amended by striking out the 
first paragraph and inserting in place thereof the following 
paragraph: — 

All the co-operative banks now estabhshed under the laws 
of the commonwealth and subject to the provisions of chap- 
ter one hundred and seventy of the General Laws, herein- 
after referred to as member banks, are hereby constituted a 
corporation under the name of The Co-operative Central 
Bank, hereinafter referred to as the central bank, and every 
co-operative bank hereafter so established shall thereupon 
become a member bank thereof. It shall be the purpose 
of the central bank to promote the elasticity and flexibility 
of the resources of the co-operative banks of the common- 
wealth by centrahzing their reserve funds. The assets of the 
corporation shall be divided into two separate and distinct 
funds, as follows: — ■ (a) the Reserve Fund, which shall con- 
sist of all assessments collected under section six, as amended, 
and all investments thereof and all income thereon ; and (6) 
the Share Insurance Fund, estabhshed by chapter seventy- 
three of the acts of nineteen hundred and thirty-four, as 
amended. 

Section 3. Section 2 of said chapter 45 is hereby amended 
by striking out the second paragraph, as appearing in sec- 



200 Acts, 1956. — Chap. 323. 

tion 1 of chapter 219 of the acts of 1943, and inserting in 
place thereof the following paragraph: — 

In the election of directors and, except as provided in 
section nine of said chapter seventy-three, in voting on any 
other matter legally to come before a meeting, each member 
bank, by a delegate authorized by its board of directors, 
shall have one vote; provided, that such delegate shall not 
vote on behalf of more than one member bank. A majority 
of the votes so cast shall elect directors. 

Section 4. Said chapter 45 is hereby further amended 
by inserting after said section 2 the following section : — 
Section 2 A. Beginning with the annual meeting of member 
banks to be held in September, nineteen hundred and fifty- 
seven, the following provisions, conditions and limitations 
shall, notwithstanding the provisions of section two, apply 
to the directors of the central bank: — 

(a) There shall be fifteen directors of the central bank 
elected from the boards of directors or officers of member 
banks by delegates as provided in section two, and after said 
annual meeting, nine directors shall constitute a quorum at 
meetings of directors. At the central bank elections held at 
said annual meeting in September, nineteen hundred and 
fifty-seven, seven directors shall be elected consisting of the 
three additional directors provided by this section and the 
group of four directors referred to in section two, whose 
terms expire in said year. Of the additional three directors, 
one shall be elected and hold office for one year, one for two 
years and one for three years; and their successors, except 
in the case of vacancies, shall be elected for terms of three 
years; 

(6) Not more than three directors of the central bank 
shall, at any one time, be directors or officers of member 
banks which are members of the Federal Savings and Loan 
Insurance Corporation; and if after said annual meeting a 
member bank from which a director of the central bank is 
elected shall, during his term of office, become a member of 
said insurance corporation he shall forthwith cease to be a 
director and his office shall be deemed vacant, unless by 
continuing as such director the central bank directors who 
are officers or directors of banks which are members of said 
insurance corporation shall not exceed three as hereinbefore 
provided. Any such vacancy may be filled by the directors 
for the unexpired term as provided in section two; 

(c) Except as modified by this section, the provisions of 
sections two and five shall apply to all meetings and elec- 
tions held under this section. 

Section 5. Section 1 of chapter 73 of the acts of 1934 
is hereby further amended by striking out the fifth sentence, 
as appearing in section 4 of chapter 696 of the acts of 1950, 
and inserting in place thereof the three following sentences : — 
Any of the five assessments made under the preceding sen- 
tence, hereinafter sometimes referred to as special assess- 
ments, may, by vote of the board of directors with the 



Acts, 1956. — Chap. 323. 201 

approval of the commissioner, be repaid pro rata in whole 
or in part to the member banks which shall have paid any- 
such special assessment. At any time or from time to time 
after April thirtieth, nineteen hundred and fifty-nine, all or 
any part of the one-half of the original assessment referred 
to in section fourteen may, by vote of the board of directors 
with the approval of the commissioner, be repaid pro rata to 
such of the member banks as shall not have received payment 
thereof prior to said date under the provisions of said section 
fourteen. On July first of each year while a member bank, 
such bank shall pay to the corporation an annual assessment 
equal to one-twelfth of one per cent of its share habihties and 
notes payable as shown by its last preceding annual report 
to the commissioner filed during the calendar year in which 
such assessment is payable or, at the election of the directors 
of the corporation, filed during the preceding calendar year; 
provided, however, that the directors may, with the approval 
of the commissioner, by action taken not more than sixty 
days prior to the first of July of each year reduce the rate of 
said annual assessment or waive the same. 

Section 6. Said chapter 73 is hereby further amended by 
striking out section 3, as most recently amended by section 5 
of chapter 696 of the acts of 1950, and inserting in place 
thereof the following section : — Section 3. The corporation 
may, with the approval of the comr^issioner, pay dividends to 
member banks upon the amounts paid in by them to the 
Share Insurance Fund or upon the unexpended portion there- 
of at such rate and at such times as the directors of the cor- 
poration may determine. Except as provided in this act, 
said fund may be invested by the corporation only in the 
cash, securities or other property referred to in clauses 
(a), {b), (c) and (d) of section forty of said chapter one 
hundred and seventy of the General Laws, as amended. 
The corporation may by vote of its directors borrow money 
for the purposes of the Share Insurance Fund and pledge any 
assets in which such fund is invested as security for such loans. 
In case of the voluntary liquidation of any member bank 
under section twenty-two of chapter one hundred and sixty- 
seven of the General Laws, the corporation shall, if its direc- 
tors are satisfied that such member bank has paid or will be 
able to pay its shareholders in full, return the unexpended 
portion, as determined by said directors, of all assessments 
paid by such member bank into said fund, after deducting 
as a charge for insurance of its shares while a member bank, 
an amount equal to the sum of the annual assessments paid 
and which shall have become due and payable by such 
member bank as provided in sections one and sixteen. 

In case of the merger or consolidation of a co-operative 
bank with one or more other co-operative banks under section 
forty-eight of said chapter one hundred and seventy of the 
General Laws, as amended, or in case of a sale of assets of 
such bank to and the assumption of its liabilities by one or 
more other co-operative banks under section seven of this 



202 Acts, 1956. — Chap. 323. 

chapter or under section forty-seven of said chapter one 
hundred and seventy, the continuing bank shall succeed to 
all of the rights of the discontinuing bank in the assessments 
theretofore paid by the discontinuing bank provided that 
(a) if the continuing bank is, and the discontinuing bank is 
not, a member of the Federal Savings and Loan Insurance 
Corporation the provisions of section fourteen shall apply to 
such assessments of the discontinuing bank as though such 
bank had become a member of the Federal Savings and Loan 
Insurance Corporation as provided in sections eleven to 
fourteen, inclusive, and (b) if the continuing bank is not, and 
the discontinuing bank is, a member of the Federal Savings 
and Loan Insurance Corporation the provisions of section 
fifteen shall apply to the discontinuing bank. 

Section 7. Section 3A of said chapter 73, as most re- 
cently amended by section 3 of chapter 227 of the acts of 
1939, is hereby further amended by inserting after the first 
paragraph the two following paragraphs : — • 

After January first, nineteen hundred and fifty-seven, in 
addition to or apart from the financial assistance authorized 
under the preceding paragraph, the corporation by vote of at 
least two-thirds of its directors and in order to effect the pur- 
poses of this act may, by agreement with a member bank and 
with the approval of the commissioner, grant financial assist- 
ance to such member bank by any or all of the methods pre- 
scribed and subject to the terms, conditions and benefits con- 
tained in clauses (a) to (d) , inclusive, and for any of the pur- 
poses stated in this section or for the purpose of providing 
reserve funds for the protection of shareholders of such 
member bank; provided, that the total financial assistance 
granted to a member bank under the authority of this para- 
graph shall not at any one time exceed a sum equal to the 
greater of five per cent of the share liabihties of such bank 
or five hundred thousand dollars. 

At any time after ten years from the date financial assist- 
ance shall have been granted to a member bank under any 
of the provisions of this section, any unpaid balance thereof 
may be compromised or settled for such cash payment or 
other consideration as the corporation and the member 
bank, with the approval of the commissioner, may agree 
upon, and upon such compromise or settlement the member 
bank shall be deemed to be released and discharged from any 
further obligation to repay the unpaid balance of such 
financial assistance except to the extent provided by such 
agreement. The supreme judicial court shall have juris- 
diction in equity to approve any such agreement for com- 
promise or settlement and to enforce the provisions of this 
paragraph and to act upon all apphcations and in all pro- 
ceedings thereunder. 

Section 8. Said chapter 73 is hereby further amended 
by striking out section 9 and inserting in place thereof the 
following section: — Section 9. The corporation, at a special 
meeting called for this special purpose and held in accord- 



Acts, 1956. — Chap. 323. 203 

ance with the by-laws and with section five of said chapter 
forty-five, may determine, by vote of four-fifths of all mem- 
ber banks which are not then members of the Federal Savings 
and Loan Insurance Corporation that as a fact the Share 
Insurance Fund is no longer needed for the insurance in 
full of shares and accounts in co-operative banks and if 
such fact also is determined by the commissioner then, by 
hke vote of such member banks with the approval of the 
commissioner, may vote to dissolve and liquidate the fund. 
When voting for the purposes provided in this section, each 
such member bank, by a delegate authorized by its board 
of directors, shall have one vote. Upon any dissolution and 
liquidation of the Share Insurance Fund, the corporation 
shall proceed to distribute to the then member banks the 
proceeds of the fund after payment of all losses, expenses 
and obligations of the fund, in the following order of priority: 
— First. In payment pro rata of the original assessment 
referred to in section one and of special assessments referred 
to in sections one and sixteen, of all member banks which 
shall not theretofore have received payment thereof or which 
shall have paid an amount equal to any of such assessments 
as provided in section fifteen; Second, in payment pro rata 
of all annual assessments paid by the then member banks 
under sections one and sixteen; Third, the balance, if any, 
of the proceeds from such dissolution and liquidation shall 
be distributed pro rata to the then member banks on the 
basis of the total assessments described in clauses First and 
Second above, due to such banks immediately prior to the 
payments to them provided in said clauses. 

Section 9. Said chapter 73 is hereby further amended 
by inserting after section 10, as most recently amended by 
section 6 of chapter 696 of the acts of 1950, the six following 
sections: — Section 11. Any member bank which shall 
apply for membership in the Federal Savings and Loan 
Insurance Corporation, referred to in section thirty-four A 
of chapter one hundred and seventy of the General Laws, 
shall forthwith give written notice thereof to The Co- 
operative Central Bank, and to the commissioner. If such 
application is accepted and such member bank is notified 
that the said insurance corporation is willing to insure its 
shares, accounts and deposits (referred to as accounts in this 
section and in sections twelve to sixteen, inclusive) such 
member bank may become a member of the Federal Savings 
and Loan Insurance Corporation subject to the terms and 
conditions set forth in this section and in sections twelve, 
thirteen, fourteen and sixteen; provided, that such mem- 
bership shall have been approved by vote of at least two- 
thirds of the directors of such bank and by vote of at least 
two-thirds of its shareholders present and voting at an 
annual or special meeting of shareholders, notice of which 
meeting shall be given by the clerk as provided in the by-laws 
of such bank and shall contain a statement that such mem- 
bership is to be considered and acted upon at such meeting. 



204 Acts, 1956. — Chap. 323. 

Section 12. When any member bank which has applied 
for membership in the Federal Savings and Loan Insurance 
Corporation shall have compHed vnih. all requirements pre- 
requisite to such membership and shall have received notice 
in writing from said corporation that it is a member thereof 
and its accounts are insured thereby, such member bank shall 
file copies of said notice and of the votes of its directors and 
shareholders provided in section eleven, certified by its 
president and its clerk, with the commissioner and with The 
Co-operative Central Bank, and shall thereupon give written 
notice thereto and to the commissioner of the acquisition of 
such membership. Except with the approval of at least 
two-thirds of the directors of The Co-operative Central 
Bank, and subject to such conditions as they may approve, 
no member bank may become a member of the Federal 
Savings and Loan Lisurance Corporation so long as any 
financial assistance granted by the Share Insurance Fund to 
such bank remains unpaid or has not been compromised or 
settled. On the effective date of such membership, the in- 
surance of the accounts of such bank by the Share Insurance 
Fund, to the extent that such accounts shall then or there- 
after be insured by the Federal Savings and Loan Insurance 
Corporation shall terminate and such bank shall not be liable 
for any further assessments to the Share Insurance Fund, 
except for (a) unpaid annual assessments due and payable on 
or before the preceding July first, and (6) for any other 
unpaid assessments due and payable prior to the effective 
date of such membership, and (c) for all annual excess in- 
surance assessments and special assessments required of such 
bank by section sixteen. 

Section 13. Not later than thirty days after the effective 
date of such membership such bank shall give notice to its 
shareholders, by pubUcation or mailing or both, relative to 
such membership and the termination of the insurance of its 
accounts by the Share Insurance Fund to the extent provided 
in section twelve, as the commissioner shall prescribe. 
Promptly upon the giving of such notice, such bank shall 
advise the commissioner and The Co-operative Central 
Bank in writing that notice has been so given and shall 
furnish to them copies of such notice. If such bank fails to 
give such notice to its shareholders. The Co-operative Central 
Bank may, at the expense of such bank, give the notice to 
shareholders prescribed by the commissioner. 

Section 14- Upon the acquisition of membership by any 
member bank in the Federal Savings and Loan Insurance 
Corporation, in the manner prescribed in sections eleven, 
twelve and thirteen, the following provisions shall apply to 
the assessments theretofore paid by such bank into the 
Share Insurance Fund : — 

(a) The Share Insurance Fund shall, subject to any re- 
payment made under section one, repay in cash to such bank 
an amount equal to one-half of its assessment of one per cent 
of share Uabilities made under section one in nineteen 



Acts, 1956. — Chap. 323. 205 

hundred and thirty-four, sometimes referred to as the 
original assessment; provided, that such repayment shall 
not be made to such bank prior to the expiration of six 
months from the effective date of its membership in the 
Federal Savings and Loan Insurance Corporation as pro- 
vided in section twelve, nor prior to April thirtieth, nineteen 
hundred and fifty-nine, whichever is later, but the directors 
of The Co-operative Central Bank, with the approval of the 
commissioner may, by a two-thirds vote, pro^'ide for earher 
payment thereof by agreement with such bank; 

(6) The sums representing the unpaid portion of said 
original assessment, and all annual assessments and unpaid 
8p>ecial assessments made under sections one and sixteen and 
any other assessments at any time paid by such bank in- 
cluding any assessments under section fifteen, shall be re- 
tained by the Share Insurance Fund and, subject to repay- 
ments authorized by section one, such bank shall be entitled 
to participate therefor in the net assets of the Fund in the 
event of its dissolution and hquidation in the manner and to 
the extent provided in section nine. 

Section 15. If at any time a member bank which has 
become a member of the Federal Savings and Loan Insur- 
ance Corporation shall cease to be a member thereof and if 
the commissioner shall certify to the directors of The Co- 
operative Central Bank that in his opinion such bank is in a 
sound and safe condition to transact and to continue to 
transact the business for which it is organized, all of the 
accounts of such bank theretofore insured by the Federal 
Savings and Loan Insurance Corporation shall forthwith be 
insured by the Share Insurance Fund as provided in this act 
and such bank shall thereafter be entitled to all the benefits 
and subject to all the obhgations of a bank the shares and 
accounts of which are fully insured by the Share Insurance 
Fund. Such bank forthTsith shall pay to the Share Insur- 
ance Fund the annual assessment provided by section one 
which would have been due and payable on the preceding 
July first had the shares and accounts of such bank been at 
such time fully insured by such Fund, and within such time 
as the directors of The Co-operative Central Bank, vnth. the 
approval of the commissioner, may prescribe, shall pay as 
an assessment (1) an amount equal to the one-half of one 
per cent of the original assessment referred to in section 
fourteen, or such other portion thereof as shall have been 
repaid to such bank after becoming a member of the Federal 
Savings and Loan Insurance Corporation, and (2) an amount 
equal to the sum of any special assessments made under 
section one after such bank shall have become a member of 
such insurance corporation. If the commissioner shall fail 
to certify with respect to any such bank as hereinbefore pro- 
vided, he shall take possession of the property and business 
of such bank as provided in and subject to the provisions 
of section twenty-two of chapter one hundred and sixty- 
seven of the General Laws. 



206 Acts, 1956. — Chap. 323. 

Section 16. The portions of the shares and accounts of 
all member banks which shall have become members of the 
Federal Savings and Loan Insurance Corporation, in excess 
of ten thousand dollars or of such other sums as from time 
to time shall be insured by the Federal Savings and Loan 
Insurance Corporation, hereinafter referred to as excess 
accounts, shall continue to be insured in full by the Share 
Insurance Fund, hereinafter referred to as excess insurance, 
subject to the following conditions and limitations: — 

(a) On July first of each year after becoming a member 
of the Federal Savings and Loan Insurance Corporation such 
member bank shall pay to the Share Insurance Fund an 
annual excess insurance assessment at the same percentage 
rate fixed for the annual assessment for such year under 
section one, computed upon the member bank's excess 
accounts and notes payable as shown by its last preceding 
annual report to the commissioner. Such member bank 
shall pay to the Share Insurance Fund any special assessment 
made under the provisions of section one, computed upon the 
bank's excess accounts and notes payable as above provided 
for annual assessments; 

(6) During the time that such member bank is a member 
of the Federal Savings and Loan Insurance Corporation it 
shall not be liable for any assessments to the Share Insurance 
Fund except as provided in section twelve and in para- 
graph (a) ; 

(c) Notwithstanding the provisions of section ten of this 
act, sections twenty-two to thirty-six, inclusive, of chapter 
one hundred and sixty-seven of the General Laws shall 
apply to a member bank so long as it is a member of and its 
accounts are insured in whole or in part in the Federal 
Savings and Loan Insurance Corporation; 

{d) Upon payment by the Share Insurance Fund of all or 
any part of the portion of any account insured by the Fund 
in any member bank the Fund shall be subrogated to the 
rights of the person to whom such insurance was so paid to 
receive the same distribution from the proceeds of assets 
and claims of such bank as would have been payable to him 
on a claim for the portion of his account so paid by the 
Share Insurance Fund but he shall retain his right to receive 
distribution of so much of his claim against said assets to 
which he may be entitled after reimbursement pro rata of 
the claims for subrogation to the Share Insurance Fund as 
provided in this paragraph and to the Federal Savings and 
Loan Insurance Corporation as provided in section thirty- 
four A of chapter one hundred and seventy of the General 
Laws. 

Section 10. The rights of all parties incident to or 
arising out of contracts or obhgations to which The Co- 
operative Central Bank is a party, lawfully outstanding on 
the effective date of this act, shall remain unimpaired and 
shall continue to be exercisable and enforceable subject to 
apphcable provisions of law. 



Acts, 1956. — Chap. 324. 207 

Section 11. If any section, subsection, subdivision, 
paragraph, sentence or clause of this act is held invalid or 
unconstitutional, such decision shall not affect the remaining 
portions thereof. Approved May 4, 1966. 

An Act relative to the mutual savings central fund, Cha'p.S24: 

INC., AND TO INSURANCE OF DEPOSITS IN SAVINGS BANKS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 168 of the General Laws is hereby o. l. (Xer. 
amended by inserting after section 67 under the heading f eVAjadded^ 

MEMBERSHIP IN FEDERAL DEPOSIT INSURANCE CORPORATION, 

the following section: — Section 67 A. Such corporation Membership 
may, subject to the provisions of sections twelve to seventeen, oe^osu *' 
inclusive, of chapter forty-three of the acts of nineteen insurance 
hundred and thirty-four, as amended, become a member of o°ll^nl7'' 
the Federal Deposit Insurance Corporation, referred to in an '^'''^• 
act of Congress, approved September twenty-first, nineteen 
hundred and fifty, known as the federal deposit insurance 
act, or any successor of said corporation, and may terminate 
such membership at any time. Upon payment by the 
Federal Deposit Insurance Corporation of the insured por- 
tion of any deposit in a corporation so insured, the Federal 
Deposit Insurance Corporation shall, subject to the pro- 
visions of section seventeen of chapter forty-three of the acts 
of nineteen hundred and thirty-four, be subrogated to the 
rights of the person to whom such insurance was so paid to 
receive the same distribution from the proceeds of the assets 
and claims of such corporation as would have been payable 
to him on a claim for the portion of his deposit insured by 
the Federal Deposit Insurance Corporation. 

Section 2. Chapter 44 of the acts of 1932 is hereby 
amended by striking out section 1, as most recently amended 
by section 1 of chapter 149 of the acts of 1939, and inserting 
in place thereof the following section : — Section 1 . All the 
savings banks estabHshed under the laws of the common- 
wealth and subject to the provisions of chapter one hundred 
and sixty-eight of the General Laws, hereinafter referred to 
as member banks, are hereby constituted a corporation under 
the name of the Mutual Savings Central Fund, Inc., herein- 
after referred to as the corporation. It shall be the purpose 
of the corporation to assist such member banks, when they 
are temporarily in need of cash or hold investments which 
cannot readily be liquidated, by making loans to them or any 
of them secured by the pledge of mortgages or other securi- 
ties legally held by such member banks. Any savings bank 
hereafter established under the authority of said chapter 
one hundred and sixty-eight shall upon its organization 
become a member bank. The assets of the corporation shall 
be divided into two separate and distinct funds, as follows : — 
(a) the Liquidity Fund, which shall consist of all assessments 
collected under section four and all investments thereof and 
aU income thereon; and (b) the Deposit Insurance Fund, 



208 Acts, 1956. — Chap. 324. 

established by chapter forty-three of the acts of nineteen 
hundred and thirty-four. 

Section 3. Section 2 of said chapter 44, as most recently 
amended by section 1 of chapter 78 of the acts of 1941, is 
hereby further amended by striking out the tenth sentence 
and inserting in place thereof the following sentence: — 
The directors may adopt by-laws and amendments thereto 
for the conduct of the business of the corporation, but any 
additions, deletions or other amendments thereto adopted 
after October first, nineteen hundred and fifty-six shall be 
subject to the approval of a majority of the member banks; 
and by such by-laws may provide for and fix the time and 
place of meetings of the directers, which shall be at least 
quarterly, and of the corporation, define the duties of the 
officers, establish an executive committee of not less than 
five nor more than seven directors with such powers as the 
board of directors shall determine, and may provide for such 
other officers, including an executive vice president and 
committees as they deem advisable. 

Section 4. Said chapter 44 is hereby amended by 
inserting after said section 2 the following section : — 
Section 2 A . Beginning with the annual meetings of member 
banks to be held in nineteen hundred and fifty-seven, direc- 
tors shall, notwithstanding the provisions of section two, be 
elected by the member banks as follows : — 

(a) For the purpose of election of directors each of the 
counties of Essex, Hampden, Middlesex, Suffolk and Worces- 
ter shall constitute an election district; the counties of 
Barnstable, Bristol, Dukes county, Nantucket, Norfolk and 
Plymouth as a group shall constitute an election district; 
and the counties of Berkshire, Franklin and Hampshire as a 
group shall constitute an election district. Subject to the 
provisions of subsections (6) and (c), three directors shall be 
elected from the trustees or officers of member banks of each 
election district; provided, however, that not more than one 
of the directors elected from each election district shall be a 
trustee or officer of a member bank which at the time of 
such election is a member of the Federal Deposit Insurance 
Corporation; and provided, further, that if a bank from 
which a director is elected shall thereafter during his term of 
office become a member of the Federal Deposit Insurance 
Corporation he shall cease forthwith to be a director and his 
office as director shall be deemed vacant. At the elections 
held in nineteen hundred and fifty-seven, two of the directors 
elected from each of the four election districts first above 
specified and one of the directors elected from each of the 
other election districts shall be elected for terms of two 
years each and all of the other directors shall be elected for 
terms of one year each. Thereafter each director shall be 
elected for a two year term. The terms of all directors in 
office at the time of the annual meetings of member banks to 
be held in nineteen hundred and fifty-seven shall terminate 
upon the election of directors at such meetings. 



Acts, 1956. — Chap. 324. 209 

(b) If at the time of any election there are in any election 
district only two member banks which are not members of 
the Federal Deposit Insurance Corporation at least one 
director shall be elected from each such member bank. If at 
the time of any election there is in any election district only 
one member bank which is not a member of the Federal 
Deposit Insurance Corporation only two directors shall be 
elected from such district and at least one of such directors 
shall be elected from such member bank. If at the time of 
any election there is in any election district no member bank 
w^hich is not a member of the Federal Deposit Insurance 
Corporation only one director shall be elected from such 
district. 

(c) Except as modified by this section, the provisions of 
section two shall apply to all meetings and elections held 
under this section. 

Section 5. Chapter 43 of the acts of 1934 is hereby 
amended by inserting after section 1 the following section : — 
Section lA. The directors from time to time may, to the 
extent which the commissioner deems desirable, review the 
financial condition of any member bank as it relates to de- 
posit insurance, and shall report thereon to the commissioner 
with the recommendations of the directors. The commis- 
sioner may, upon request of the directors and notwithstand- 
ing the provisions of section two of chapter one hundred and 
sixty-seven of the General Laws, furnish to the directors for 
the purposes of the Deposit Insurance Fund, such factual 
information in his possession as the commissioner may deem 
to be of assistance to the Fund in determining the financial 
condition of any member bank. 

If the directors determine that a special examination and 
audit, including a current appraisal of the assets, of any 
member bank would be in the interests of its depositors or in 
the interests of the sound and effective operation of the 
Deposit Insurance Fund, the board of directors by vote of at 
least two thirds of its members, may request the com- 
missioner to cause such special examination, audit and 
appraisal to be made; and if the commissioner determines 
the same to be advisable he shall cause the examination 
and audit to be made by a certified public accountant in such 
form and manner as the commissioner may prescribe, to- 
gether with a current appraisal of such member bank's 
assets by a qualified person or persons, and the directors may 
furnish to the commissioner such evidence of current values 
of any or all of such member bank's assets as they may deem 
material to the appraisal. The expense of such examination, 
audit and appraisal shall be paid by the Deposit Insurance 
Fund. After receiving the reports of such accountant and 
of said appraisal, the commissioner shall furnish to the 
directors, and to the member bank, copies of such reports. 

The directors shall have authority to make recommenda- 
tions to any member bank designed to correct practices or 
poHcies of the bank in conducting its business, including loan 



210 Acts, 1956. — Chap. 324. 

or dividend policies, which the directors deem to be unsafe 
or unsound, or to have a tendency to impair the financial 
condition of the bank, and if such bank fails to follow such 
recommendations, the directors shall give notice thereof to 
the commissioner. If it appears to the directors that such 
practices or policies have impaired or are likely to impair the 
solvency of such bank, or are unreasonably increasing the 
insurance risk of the Deposit Insurance Fund with respect to 
such bank, they shall include a statement to such effect, 
together with a report of the facts and circumstances, in the 
aforesaid notice to the commissioner, and if he determines 
from such report and from other available information that 
said bank is in an unsafe or unsound condition to transact 
the business for which it was organized then, except as pro- 
vided in paragraph (c) of section seventeen, he may so 
certify to the corporation pursuant to section four. Nothing 
contained in this section shall be deemed to abridge any 
power or authority conferred upon the commissioner by this 
chapter or any other provision of law. 

Section 6. Said chapter 43 is hereby further amended 
by striking out section 3, as most recently amended by 
section 18 of chapter 432 of the acts of 1955, and inserting in 
place thereof the following section: — Section 3. The cor- 
poration may, with the approval of the commissioner, pay 
dividends to member banks, at such rates and at such times 
as the directors may determine, upon the amounts paid in 
by such banks to the Deposit Insurance Fund or upon the 
unexpended portion thereof and in reduction of unpaid 
portions of principal of participating interests in assessments 
to which a bank which shall have become a member of the 
Federal Deposit Insurance Corporation may be entitled as 
provided in section fifteen. Except as provided by section 
three A, the Fund may be invested by the corporation only 
as provided in subsections (a), (6), (c) and (e) of section 
seven of said chapter forty-four. The corporation may by 
vote of its directors borrow money for the purposes of the 
Deposit Insurance Fund and pledge any assets in which said 
Fund is invested as security for such loans. In case of the 
liquidation of any member bank under section seventy-one 
of chapter one hundred and sixty-eight of the General Laws, 
the corporation shall, provided that the directors are satis- 
fied that such bank has paid or will be able to pay its de- 
positors in full, return the unexpended portion, as determined 
by said directors, of all assessments paid by such bank into the 
Deposit Insurance Fund, after deducting as a charge for 
insurance of its deposits during the period from October 
first, nineteen hundred and thirty-nine, to the date of the 
vote authorizing such liquidation, an amount equal to the 
sum of the annual assessments due and payable on October 
first, nineteen hundred and thirty-nine, and on October 
first of each year thereafter while a member bank as pro- 
vided in sections one and seventeen. In case of the merger 
or consohdation of a savings bank with one or more other 



Acts, 1%6. — Chap. 324. 211 

savings banks under section seventy-two of said chapter, or 
in the case of a sale of assets of such bank to and the assump- 
tion of its habilities by one or more other savings banks 
under section seventy-three of said chapter, the continuing 
bank shall succeed to all of the rights of the discontinuing 
bank in the assessments theretofore paid by the discontinu- 
ing bank provided that (o) if the continuing bank is, and the 
discontinuing bank is not, a member of the Federal Deposit 
Insurance Corporation the provisions of section fifteen shall 
apply to such assessments of the discontinuing bank as 
though such bank had become a member of the Federal 
Deposit Insurance Corporation as provided in sections twelve 
to fifteen inclusive, and (6) if the continuing bank is not, and 
the discontinuing bank is, a member of the Federal Deposit 
Insurance Corporation the provisions of section sixteen shall 
apply to the discontinuing bank. 

Section 7. Section 3A of said chapter 43, as most re- 
cently amended by section 19 of said chapter 432, is hereby 
further amended by inserting after the first paragraph the 
following paragraph : — 

After January first, nineteen hundred and fifty-seven, in 
addition to or apart from the financial assistance authorized 
under the preceding paragraph, the corporation by vote of at 
least two thirds of its directors and in order to effect the 
purposes of this act may, by agreement with a member bank 
and with the approval of the commissioner, grant financial 
assistance to such member bank by any or all of the methods 
prescribed and subject to the terms, conditions and benefits 
contained in clauses (a) to (d), inclusive, of this section, for 
any of the purposes stated in this section or for the purpose 
of providing reserve funds for the protection of depositors 
of such member bank; provided, that the total financial 
assistance granted to a member bank under the authority of 
this paragraph shall not at any one time exceed a sum equal 
to the greater of five per cent of the deposits of such bank or 
five hundred thousand dollars. 

Section 8. Said section 3A of said chapter 43 is hereby 
further amended by adding at the end the following para- 
graph : — 

At any time after ten years from the date financial assist- 
ance shall have been granted to a member bank under any 
of the provisions of this section, any unpaid balance thereof 
may be compromised or settled for such cash payment or 
other consideration as the corporation and the member bank, 
with the approval of the commissioner, may agree upon, 
and upon such compromise or settlement the member bank 
shall be deemed to be released and discharged from any 
further obhgation to repay the unpaid balance of such 
financial assistance except to the extent provided by such 
agreement. The supreme judicial court shall have jurisdic- 
tion in equity to approve any such agreement for com- 
promise or settlement and to enforce the provisions of this 
paragraph and to act upon all applications and in all pro- 
ceedings thereunder. 



212 Acts, 1956. — Chap. 324. 

Section 9. Said chapter 43 is hereby further amended 
by striking out section 10 and inserting in place thereof the 
following section: — Section 10. The corporation, at special 
county or district meetings held in accordance with the 
by-laws and with section two of said chapter forty-four, and 
called by the directors for this special purpose, may de- 
termine, by four-fifths vote of all member banks, that as a 
fact the Deposit Insurance Fund is no longer needed for the 
insurance in full of deposits in savings banks and if such fact 
also is determined by the commissioner, then by like vote, 
with the approval of the commissioner, may vote to dissolve 
and liquidate the fund. When voting for the purposes pro- 
vided in this section, each member bank shall have one 
vote for each ten milhon dollars or fraction thereof of de- 
posits then insured by the Deposit Insurance Fund, including 
excess deposits, if any, referred to in section seventeen, as 
shown by such member bank's latest report to the com- 
missioner. Upon any dissolution and liquidation of the 
Deposit Insurance Fund, the corporation shall proceed to 
distribute the proceeds of the fund after payment of all 
losses, expenses and obligations of the fund, in the following 
order of priority: — First, in payment pro rata of the 
original assessments, referred to in section fifteen, of aU 
member banks which shall not theretofore have received 
payment thereof, or which shall have paid an amount equal 
to such assessment as provided in section sixteen; Second, 
in payment pro rata of all annual and other assessments, re- 
ferred to in sections fifteen and seventeen, computed upon 
(a) the assessments paid under section seventeen and the 
unpaid balances of participations in annual and other 
assessments of banks which shall have become members of 
the Federal Deposit Insurance Corporation but shall not 
have subsequently been reinsured in full by the Deposit 
Insurance Fund as provided in section sixteen, and (6) the 
aggregate amount of annual and other assessments paid by 
member banks fully insured by said fund and not theretofore 
repaid to them; Third, the balance, if any, of the proceeds 
from such dissolution and liquidation shall be distributed 
pro rata to the then member banks on the basis of the 
total amounts of assessments and participations described 
in clauses First and Second above, due to such banks im- 
mediately prior to the payments to them provided in said 
clauses. 

Section 10. Said chapter 43 is hereby further amended 
by inserting after section 11 the six following sections: — 
Section 12. Any member bank which shall apply for mem- 
bership in the Federal Deposit Insurance Corporation, re- 
ferred to in section sixty- seven A of chapter one hundred and 
sixty-eight of the General Laws, shall forthwith give written 
notice thereof to the Mutual Savings Central Fund, Inc., and 
to the commissioner. If such application is accepted and 
such member bank is notified that the said corporation is 
willing to insure its deposits, such member bank may become 
a member of the Federal Deposit Insurance Corporation sub- 



Acts, 1956. — Chap. 324. 213 

ject to the terms and conditions set forth in this section and 
in sections thirteen, fourteen, fifteen and seventeen; pro- 
vided, that such membership shall have been approved by- 
vote of at least two-thirds of the trustees of such bank and 
by vote of at least two-thirds of its corporators passed at 
an annual or special meeting thereof, notice of which meet- 
ing shall be given by the clerk as provided in section nine 
of said chapter one hundred and sixty-eight, which notice 
shall contain a statement that such membership is to be 
considered and acted upon at such meeting. 

Section 13. When any member bank which has applied 
for membership in the Federal Deposit Insurance Corpora- 
tion shall have complied with all requirements prerequisite 
to such membership and shall have received notice in writing 
from said corporation that it is a member thereof and its 
deposits are insured thereby, such member bank shall file 
copies of said notice and of the votes of its trustees and cor- 
porators provided in section twelve, certified by its president 
and its clerk, with the commissioner and with the Mutual 
Savings Central Fund, Inc., and shall thereupon give 
written notice thereto and to the commissioner of the 
acquisition of such membership. Except with the approval 
of at least two-thirds of the directors of the Mutual Savings 
Central Fund, Inc., and subject to such conditions as they 
may approve, no member bank may become a member of 
the Federal Deposit Insurance Corporation so long as any 
financial assistance granted by the Deposit Insurance Fund 
to such bank remains unpaid or has not been compromised 
or settled. On the effective date of such membership, the 
insurance of the deposits of such bank by the Deposit In- 
surance Fund, to the extent that such deposits shall then 
or thereafter be insured by the Federal Deposit Insurance 
Corporation shall terminate, and such bank shall not be 
liable for any further annual or other assessments required 
by section one except for (a) unpaid annual assessments 
due and payable on or before the preceding October first, 
and (b) for any other unpaid assessments due and payable 
prior to the effective date of such membership, but shall be 
liable for all annual excess insurance assessments required of 
such bank by section seventeen. 

Section 14- Not later than thirty days after the effective 
date of such membership such bank shall give such notice 
to its depositors, by publication or mailing or both, relative 
to such membership and the termination of the insurance of 
its deposits by the Deposit Insurance Fund to the extent 
provided in section thirteen, as the commissioner shall 
prescribe. Promptly upon the giving of such notice, such 
bank shall advise the commissioner and the Mutual Savings 
Central Fund, Inc., in writing that notice has been so given 
and shall furnish to them copies of such notice. If such bank 
fails to give such notice to its depositors, the Mutual Savings 
Central Fund, Inc. may, at the expense of such bank, give 
the notice to depositors prescribed by the commissioner. 

Section 16. Upon the acquisition of membership by any 



214 Acts, 1956. — Chap. 324 

member bank in the Federal Deposit Insurance Corporation, 
in the manner prescribed in sections twelve, thirteen and 
fourteen, the following provisions shall apply to the assess- 
ments theretofore paid by such bank into the Deposit 
Insurance Fund : — 

(a) The Deposit Insurance Fund shall repay in cash to 
such bank an amount equal to its assessment of one fourth 
of one per cent of its deposits paid or payable to said fund 
in nineteen hundred and thirty-four, sometimes referred to 
as the "original assessment"; provided that such payment 
shall not be made to such bank prior to the expiration of six 
months from the effective date of its membership in the 
Federal Deposit Insurance Corporation as provided in 
section thirteen, nor prior to October thirty-first, nineteen 
hundred and fifty-nine, whichever is later, but the directors 
of the Mutual Savings Central Fund, Inc., with the approval 
of the commissioner may, by a two-thirds vote, provide for 
earlier payment thereof by agreement with such bank; 

(b) The sums representing all annual assessments, re- 
ferred to in section one, and any other assessments at any 
time paid by such bank as provided in sections one and 
sixteen, shall be retained by the Deposit Insurance Fund, 
and such bank shall be entitled (1) to participate in the net 
assets of the fund in the event of its dissolution and liquida- 
tion in the manner and to the extent provided in section 
ten, and (2) to receive such optional payments on its said 
participation prior to such dissolution and liquidation as 
may become payable under the provisions of paragraph (c); 

(c) Commencing October thirty-first, nineteen hundred 
and fifty -nine, the directors of the Mutual Savings Central 
Fund, Inc., shall annually determine the extent if any, to 
which the ratio of the net sound assets of the Deposit Insur- 
ance Fund to deposits insured thereby exceeds such ratio as 
the directors determine to be adequate for the purposes of 
the fund, and shall report their conclusions to the commis- 
sioner together with their recommendations as to whether 
such excess or any portion thereof should be paid to banks 
which shall have become members of the Federal Deposit 
Insurance Corporation, on account of their participating in- 
terests hereinbefore referred to in paragraph (h). Such ex- 
cess or any portion thereof thereafter may be paid on account 
of such participating interests at the option of the directors 
and with the approval of the commissioner. If for any year 
commencing with nineteen hundred and fifty-nine, the an- 
nual assessment for such year, referred to in section one, 
shall be reduced to a rate of less than one twenty-fourth of 
one per cent of deposits of member banks, exclusive of club 
deposits, or shall be waived, an amount, as determined by 
the directors, equal to not more than one twenty-fourth of 
one per cent of deposits insured by the Deposit Insurance 
Fund or such lesser amount as the commissioner may deter- 
mine, shall be distributed on account of such participating 
interests; provided, that no such distribution shall be made 

I 



Acts, 1956. — Chap. 324. 215 

if such reduction or waiver is made for the purpose of meet- 
ing a corresponding reduction in the net annual premium, 
after credits if any, payable to the Federal Deposit Insurance 
Corporation by members thereof. 

Section 16. If at any time a bank which has become a 
member of the Federal Deposit Insurance Corporation shall 
cease to be a member thereof and if the commissioner shall 
certify to the directors of the Mutual Savings Central Fund, 
Inc., that in his opinion such bank is in a sound and safe 
condition to transact and to continue to transact the business 
for which it is organized, all of the deposits of such bank 
theretofore insured by the Federal Deposit Insurance Cor- 
poration shall forthwith be insured by the Deposit Insurance 
Fund as provided in this act, and such bank shall thereafter 
be entitled to all the benefits and subject to all the obligations 
of a bank the deposits of w^hich are fully insured by the 
Deposit Insurance Fund. Such bank forthwith shall pay 
to the Deposit Insurance Fund the annual assessment pro- 
vided by section one which would have been due and payable 
on the preceding October first had the deposits of such bank 
been at such time fully insured by such fund, and within 
such time as the directors of the Mutual Savings Central 
Fund, Inc., ^vith the approval of the commissioner may 
prescribe, shall pay as an assessment (1) an amount equal to 
the original assessment or such portion thereof as shall have 
been repaid to such bank after becoming a member of the 
Federal Deposit Insurance Corporation as provided in 
paragraph (a) of section fifteen, and (2) an amount equal to 
the total of such sums as may have been received by such 
bank on account of its participation for annual and other 
assessments as provided in paragraphs (6) and (c) of said 
section fifteen. If the commissioner shall fail to certify with 
respect to any such bank as hereinbefore provided, he shall 
take possession of the property and business of such bank as 
provided in and subject to the provisions of section twenty- 
two of chapter one hundred and sixty-seven of the General 
Laws. 

Section 17. The portions of the deposits of all member 
banks which shall have become members of the Federal 
Deposit Insurance Corporation, in excess of ten thousand 
dollars or of such other sums as from time to time shall be 
covered by the insurance of the Federal Deposit Insurance 
Corporation, hereinafter referred to as excess deposits, shall 
continue to be insured in full by the Deposit Insurance 
Fund, hereinafter referred to as excess insurance, subject to 
the following conditions and limitations: — 

(a) On October first of each year after becoming a mem- 
ber of the Federal Deposit Insurance Corporation such 
member bank shall pay to the Deposit Insurance Fund an 
annual excess insurance assessment at the same percentage 
rate fixed for the annual assessment for such year under 
section one, computed upon the member bank's excess de- 
posits as of the date of the trial balance of deposit accounts 



216 Acts, 1956. — Chap. 325. 

of such member bank taken immediately after the payment 
or provision for payment of the bank's last preceding divi- 
dend, as shown by a statement filed with the Deposit In- 
surance Fund at least ten days prior to said October first 
and certified by an authorized officer of such bank; 

(b) During the time that such member bank is a member 
of the Federal Deposit Insurance Corporation it shall not be 
liable for any assessments to the Deposit Insurance Fund 
except as hereinbefore provided in paragraph (a); 

(c) Notwithstanding the provisions of section eleven of 
this act, sections twenty-two to thirty-six, inclusive, of chap- 
ter one hundred and sixty-seven of the General Laws shall 
apply to a member bank so long as it is a member of and its 
deposits are insured in whole or in part in the Federal 
Deposit Insurance Corporation; 

{d) Upon payment by the Deposit Insurance Fund of all 
or any part of the portion of any deposit insured by the 
Fund in any member bank the Fund shall be subrogated to 
the rights of the person to whom such insurance was so paid 
to receive the same distribution from the proceeds of assets 
and claims of such bank as would have been payable to him 
on a claim for the portion of his deposit so paid by the 
Deposit Insurance Fund, but he shall retain his right to 
receive distribution of so much of his claim against said 
assets to which he may be entitled after reimbursement pro 
rata of the claims for subrogation to the Deposit Insurance 
Fund as provided in this paragraph and to the Federal 
Deposit Insurance Corporation as provided in section sixty- 
seven A of chapter one hundred and sixty-eight of the 
General Laws. 

Section 11. The rights of all parties incident to or arising 
out of contracts or obligations to which the Mutual Savings 
Central Fund, Inc. is a party, lawfully outstanding on the 
effective date of this act, shall remain unimpaired and shall 
continue to be exercisable and enforceable subject to ap- 
plicable provisions of law. 

Section 12. If any section, subsection, subdivision, para- 
graph, sentence or clause of this act is held invalid or un- 
constitutional, such decision shall not affect the remaining 
portions thereof. Approved May 4, 1956. 



Chap.S25 An Act relative to the powers and duties of the com- 
missioner OF INSURANCE. 

Be it enacted, etc., as follows: 

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

new '«^3b', inserting after section 3A, as appearing in the Tercentenary 
added. Edition, the following section : — Section SB. The attorney 

duties o'° general may, at the request of the commissioner, maintain 
ef hiT^anw'^ and prosecutc, in the name of the commonwealth, an action 
against any insurer, its officers, directors, trustees or agents 
or against any broker or adjuster or against any other person 



Acts, 1956. — Chaps. 326, 327, 328. 217 

or persons subject to the provisions of this chapter, for the 
purpose of obtaining an injunction restraining such person 
or persons from doing any acts in violation of the provisions 
of this chapter. In such action, if the court finds that a de- 
fendant is threatening or is Hkely to do any act or acts in 
violation of this chapter, and that such violation will cause 
irreparable injury to the interests of the people of the com- 
monwealth, the court may grant an injunction restraining 
such violation. The court may on motion and affidavits 
grant a preliminary injunction and interlocutory injunction, 
upon such terms as may be just; but the people of the com- 
monwealth shall not be required to give security before the 
issuance of any such injunction. Approved May 4, 1956. 



Chap.S26 



An Act authorizing the director of the division of 
fisheries and game to take certain land by eminent 

DOMAIN. 

Be it enacted, etc., as follows: 

Section 1. The director of the division of fisheries and 
game of the department of natural resources, acting in 
behalf of the commonwealth, with the approval of the fish 
and game board, is hereby authorized to take by eminent 
domain, under chapter seventy-nine of the General Laws, 
and hold for wildlife management purposes, the land deemed 
necessary for wildlife purposes in the town of West Bridge- 
water as shown on a plan entitled "Proposed Land Taking, 
West Meadows, West Bridge water" by E. W. Pettigrew, 
March seventh, nineteen hundred and forty-nine. 

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

Approved May 7, 1956. 



An Act providing for the control of vegetable and Chav. S27 
animal life at straits pond in the towns of hull 
and cohasset. 

Be it enacted, etc., as follows: 

Chapter 557 of the acts of 1955 is hereby amended by 
inserting after the word "insect", in line 2, the words: — 
, vegetable and animal, — so that the first sentence will read 
as follows : — The towns of Hull and Cohasset are hereby 
authorized to appropriate annually money for the control of 
insect, vegetable and animal life in and about Straits pond 
in the said towns. Approved May 7, 1956. 



An Act relative to the excise on certain registered Chap.Z28 

MOTOR VEHICLES AND TRAILERS OWNED BY NON-RESIDENTS. 

Be it enacted, etc., as follows: 

Section 1. The seventh paragraph of section 1 of chapter o. l. (Ter. 
60A of the General Laws, as appearing in section 1 of chapter ftoi! am4dld.' 



218 



Acts. 1956. — Chap. 329. 



Excise not 
applicable to 
non-residentg, 
when. 



Effective 
date. 



640 of the acts of 1954, is hereby amended by inserting after 
the word "state", the first time it appears in Hne 6, the 
words: — ; provided, such motor vehicle or trailer is also 
registered in such other state during the period when regis- 
tered in this commonwealth, and, — so as to read as fol- 
lows : — 

The excise imposed by this section shall not apply to the 
registration by an inhabitant of any state other than this 
commonwealth or by a partnership, voluntary association or 
corporation which does not have a principal place of business 
in this commonwealth, of any motor vehicle or trailer to be 
customarily kept in another state; provided, such motor 
vehicle or trailer is also registered in such other state during 
the period when registered in this commonwealth, and if 
such other state does not impose an excise, privilege or prop- 
erty tax or fee in lieu of or in addition to a registration fee, 
or does not impose a registration fee at a rate greater than 
that required for registration in this commonwealth, upon 
motor vehicles or trailers, as the case may be, customarily 
kept in this commonwealth and registered by an inhabitant 
of this commonwealth, or by a partnership, voluntary asso- 
ciation or corporation having its principal place of business 
in this commonwealth. The commissioner shall determine 
what states do not impose such additional excise, privilege or 
property tax or fee, or registration fee or fee in lieu of such 
levies and his determination shall be final. 

Section 2. This act shall take effect on January first, 
nineteen hundred and fifty-seven. 

Approved May 9, 1956. 



Chap.S29 An Act providing for the continuation of the business 

OF certain common carriers. 



G. L. (Ter. 
Ed.), 159A, 
5 7, amended. 



Continuation 
of business 
of certain 
common 
carriers, 
authorized. 



Be it enacted, etc., as follows: 

Section 7 of chapter 159A of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by 
adding at the end the following paragraph : — 

In the event of the decease, incompetency, insolvency, 
bankruptcy or corporate reorganization under the bank- 
ruptcy law of the United States, of a holder of a certificate 
of public convenience and necessity, the department, upon 
application of the assignee, trustee or personal representative, 
shall conditionally transfer such certificate to him pending 
decision by the department as to the fitness, willingness and 
ability of said transferee to conduct the operations or business 
authorized by said certificate. In the event of the decease, 
incompetency, insolvency or bankruptcy of a member of a 
partnership holding such certificate, the department, upon 
application of the surviving or remaining partners, or as- 
signee, trustee, receiver or personal representative of the 
deceased, incompetent, insolvent or bankrupt partner, may 
make a like conditional transfer to the surviving or remaining 
partners. Approved May 9, 1956. 



Acts, 1956. — Chaps. 330, 331. 219 



An Act authorizing the town of nantucket to con- Chap.SSO 
vey certain land to the new bedford, woods hole, 
Martha's vineyard and nantucket steamship author- 
ity OR TO GRANT AN EASEMENT THEREIN. 

Be it enacted, etc., as follows: 

Section 1. The town of Nantucket is hereby authorized 
to deed and convey in fee to the New Bedford, Woods Hole, 
Martha's Vineyard and Nantucket Steamship Authority a 
part of the land acquired under the provisions of chapter 
two hundred and ninety of the acts of nineteen hundred 
and fourteen, and shown on a plan recorded in Nantucket 
Registry of Deeds Book of Plans No. 5, Page 30; said part 
being the southerly portion of said land and having a width 
of sixty-five feet, or to grant an easement therein to said 
authority. 

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

Approved May 10, 1956. 



An Act validating a certain vote of the town of dan- CAap.331 
vers relative to the issuance of certain off-street 
parking bonds or notes of said town. 

Be it enacted, etc., as follows: 

Section 1. That portion of the vote of the town of Dan- 
vers adopted at the annual town meeting held in the year 
nineteen hundred and fifty-six authorizing the issuance of 
bonds or notes of said town in the sum of seventy thousand 
dollars to acquire by purchase or by eminent domain certain 
buildings and land for the construction of an off-street park- 
ing area between Central avenue and Cottage avenue in said 
town, pursuant to section twenty-two B of chapter forty 
and section seven of chapter forty-four of the General Laws, 
is hereby validated, and said bonds or notes may be issued 
under this act and said chapter forty-four without further 
vote of said town or further approval of the emergency 
finance board established under chapter forty-nine of the 
acts of nineteen hundred and thirty-three. 

Section 2. Any balance of funds remaining after the 
acquisition of said off-street parking area may be expended 
to raze said buildings and to surface and construct said off- 
street parking area, including the installation of parking 
meters. 

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

Approved May 10, 1956. 



220 Acts, 1956. — Chaps. 332, 333, 334. 

C/iap. 332 -A^N Act authorizing the metropolitan district commis- 
sion TO CONSTRUCT CERTAIN DRAINAGE AND FLOOD CON- 
TROL FACILITIES IN MALDEN AND MEDFORD. 

Be it enacted, etc., as follows: 

Section 1 of chapter 574 of the acts of 1955 is hereby 
amended by inserting after the word "Maiden", in line 6, 
the words : — ; along the Maiden and Medf ord line brook 
in Maiden and Medford, Approved May 10, 1966. 

Chaj) SSS ^^ ^^'^ RELATIVE TO THE SALARY OF CERTAIN JUSTICES OF 

THE SUPREME JUDICIAL COURT. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
four of chapter seven hundred and thirty-three of the acts 
of nineteen hundred and fifty-five, any justice of the supreme 
judicial court who was appointed to said office between the 
first day of January and the thirty-first day of December in 
the year nineteen hundred and fifty-five, both dates inclusive, 
shall receive such salary as is provided by section twenty-two 
of chapter two hundred and eleven of the General Laws. 

Section 2. This act shall take effect as of January first, 
nineteen hundred and fifty-six. Approved May 10, 1956. 



Chap.S34: ^N -^CT TRANSFERRING JURISDICTION TO ENFORCE THE FAIR 
EDUCATIONAL PRACTICES LAW FROM THE BOARD OF EDU- 
CATION TO THE MASSACHUSETTS COMMISSION AGAINST 
DISCRIMINATION. 

Be it enacted, etc., as follows: 
G. L. (Ter. SECTION 1. Sectiou 1 of chapter 151C of the General 

§ i?etc.! ' Laws, as appearing in section 2 of chapter 726 of the acts of 
amended. 1949, is hereby amended by striking out paragraph (a) and 

inserting in place thereof the following paragraph : — 
"Commission", (a) The word "commission" means the Massachusetts 
defined. Commissiou Against Discrimination, estabhshed by section 

fifty-six of chapter six. 
G. L. (Ter. SECTION 2. Paragraph (c) of said section 1 of said chapter 

f1?etlf.^^' 1510, as so appearing, is hereby amended by striking out, in 
further \[^q g ^^g word "board" and inserting in place thereof the 

amended. , ' . . o r- 

word : — commission. 
G. L. (Ter. SECTION 3. Paragraph (c) of section 2 of said chapter 

f 2?etc^!^' 151C, as so appearing, is hereby amended by striking out, 
amended. [^i line 4, the word "board" and inserting in place thereof the 

word : — commission. 
G.L. (Ter. SECTION 4. Paragraph (a) of section 3 of said chapter 

§3'. etc., ' 151C, as so appearing, is hereby amended by striking out, 



amended. -^^ jjj^gg 5^ 7 ^j^^ g^ ^^^^ woid "board" and inserting in place 

thereof, in each instance, the word : — commission. 
G. L. (Ter. SECTION 5. Paragraph (b) of said section 3 of said chapter 

5 3', etc., ' 151C, as so appearing, is hereby amended by striking out, in 



further 
amended. 



Acts, 1956. — Chap. 334. 221 

lines 1 and 6, the word "board" and inserting in place thereof, 
in each instance, the word : — commission. 

Section 6. Paragraph (c) of said section 3 of said chapter g. l. (Ter. 
151C, as so appearing, is hereby amended by striking out, in § H^'etc.]^' 
line 1, the word "board" and inserting in place thereof the ^"''*^'" . 

, ' . . or- amended. 

word : — commission. 

Section 7. Paragraph (d) of said section 3 of said chapter g. l. (Ter. 
151C, as so appearing, is hereby amended by striking out, in ^'s.^etc^!^' 
hne 2, the word "board" and inserting in place thereof the ^"■"*^^^.'" , 

, ' . . ox- amended. 

word : — commission. 

Section 8. Paragraph (e) of said section 3 of said chapter g l. (Ter. 
151C, as so appearing, is hereby amended by striking out, in § 3', etc., ' 
lines 2 and 6, the word "board" and inserting in place amended, 
thereof, in each instance, the word: — commission. 

Section 9. Paragraph (g) of said section 3 of said chapter ej^i^J^q 
151C, as so appearing, is hereby amended by striking out, in § 3', etc., 
hues 1 and 6, the word "board" and inserting in place thereof, imended. 
in each instance, the word: — commission. 

Section 10. Paragraph (h) of said section 3 of said chapter g^L. (Ter_. 
151C, as so appearing, is hereby amended by striking out, in § 3', etc., 
lines 1 and 6, the word "board" and inserting in place thereof, Amended. 
in each instance, the word : — commission. 

Section 11. Paragraph (i) of said section 3 of said chapter ^j^- [J^^ 
151C, as so appearing, is hereby amended by striking out, in >> 3, etc, 
lines 1 and 3, the word "board" and inserting in place thereof, ImenXd. 
in each instance, the word: — commission. 

Section 12. Paragraph (j) of said section 3 of said chapter g^^- [J^^ 
151C, as so appearing, is hereby amended by striking out, in 5 3" etc, 
lines 1 and 3, the word "board" and inserting in place thereof, amended. 
in each instance, the word: — commission. 

Section 13. Paragraph (a) of section 4 of said chapter E;,)'{Jfc 
15 IC, as so appearing, is hereby amended by striking out, in § 4', etc, 
lines 2 and 3, the word "board" and inserting in place thereof, ^'^^'"^'"^■ 
in each instance, the word: — commission. 

Section 14. Paragraph (b) of said section 4 of said chapter g^^. (t^. 
151C, as so appearing, is hereby amended by striking out, in § 4', etc. 
Une 4, the word "board" and inserting in place thereof the Imend'ed. 
word : — commission. 

Section 15. Paragraph (c) of said section 4 of said chapter ^j^- (Jf^-^ 
151C, as amended by section 14 of chapter 681 of the acts of ? 4, etc., 
1954, is hereby further amended by striking out, in hne 1, the amended. 
word "board" and inserting in place thereof the word: — 
commission. 

Section 16. Paragraph (d) of said section 4 of said chapter ^j^- [J^^ 
15 IC, as appearing in section 2 of chapter 726 of the acts of ^ 4, etc., 
1949, is hereby amended by striking out, in line 4, the word Imend^ed. 
"board" and inserting in place thereof the word: — com- 
mission. 

Section 17. Section 5 of said chapter 151C, as so ap- ^dViJic' 
pearing, is hereby amended by striking out, in hne 1, the §5, etc., 
word "board" and inserting in place thereof the word: — amended, 
commission. Approved May 10, 1956. 



222 Acts, 1956. — Chaps. 335, 336. 



Chap.SSd An Act relative to make-up payments in the contribu- 
tory RETIREMENT SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. An.y provisions of chapter thirty-two of the 
General Laws to the contrary notwithstanding, any surviv- 
ing beneficiary of a former member of the general court or 
former constitutional officer, who, prior to July eighteenth, 
nineteen hundred and fifty-five, withdrew the accumulated 
total deductions paid into the annuity savings fund of the 
state employees' retirement system by such former member 
of the general court or such former constitutional officer, as 
permitted under the provisions of chapter six hundred and 
fifteen of the acts of nineteen hundred and fifty-four, may, 
prior to January first, nineteen hundred and fifty-seven, pay 
back into said annuity savings fund the total amount so 
withdrawn, and shall thereupon be entitled to receive the 
benefits provided for under the provisions of chapter five 
hundred and fifty-four of the acts of nineteen hundred and 
fifty-five; provided, that such beneficiary is otherwise eligible 
to receive said benefits. 

Section 2. The provisions of this act shall only apply to 
a beneficiary of a former member of the general court or a 
former constitutional ojSicer who served as a member of the 
general court or as a constitutional oflicer during any part 
of the period between September sixteenth, nineteen hun- 
dred and fifty-two and July eighteenth, nineteen hundred 
and fifty-five, and who died during said period. 

Approved May 10, 1956. 

Chap. SSQ An Act relative to reimbursement by the cohasset 

WATER department OF CERTAIN MONEYS PAID ON ITS 
account BY THE TOWN OF COHASSET. 

Be it enacted, etc., as follows: 

Section 1. Chapter 128 of the acts of 1886 is hereby 
amended by striking out section 14A, as inserted by section 7 
of chapter 489 of the acts of 1946, and inserting in place 
thereof the following section: — Section IJfA. Said commis- 
sioners shall fix just and equitable prices and rates for the 
use of water, subj ect to the approval of said town, and shall 
prescribe the time and manner of payment. The income of 
the water works shall be appropriated to defray all operating 
expenses, interest charges and payments on the principal as 
they accrue upon any bonds or notes issued under authority 
of this act and all acts in amendment thereof and in addition 
thereto. If in any year there should be a net surplus re- 
maining after providing for the aforesaid charges for that 
year, such surplus, or so much thereof as may be necessary 
to reimburse the town for moneys theretofore paid on ac- 
count of its water department, including any funds trans- 
ferred from the Reserve Fund under provisions of section 



Acts, 1956. — Chap. 337. 223 

six of chapter forty of the General Laws, which are hereby- 
authorized, shall be paid into the town treasury. If in any 
year there should be a net surplus remaining after providing 
for the aforesaid charges and for the payment of any such 
reimbursement in full, such surplus may be appropriated 
for such new construction as the water commissioners, with 
the approval of the town, may determine upon; and in case 
a net surplus should remain after payment for such new 
construction the water rates shall be reduced proportionately. 
All authority vasted in said commissioners by the foregoing 
provisions of this section shall be subject to section fourteen. 
Said commissioners shall annually, and as often as the town 
may require, render a report upon the condition of the works 
under their charge, and an account of their doings, includ- 
ing an account of the receipts and expenditures. 

Section 2. The action taken by the town of Cohasset 
under Article 50 of the warrant for the annual town meeting 
held on the third day of March, nineteen hundred and fifty- 
sLx, in appropriating funds for the purchase and installation i 

of suitable water meters in service lines of the water depart- 
ment, in pursuance of section one of tliis act, is hereby con- 
firmed and made vaUd and binding to the same extent as if 
said act were in effect at the time of the posting of the war- 
rant for said town meeting. 

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

A pproved May 11,1 956. 



An Act authorizing pilots of aircraft to restrain Chav.SSl 

CERTAIN PERSONS. 

Be it enacted, etc., as follows: 

Section 40 of chapter 90 of the General Laws, as most g. l. (Xer. 
recently amended by chapter 189 of the acts of 1955, is etc!, amended! 
hereby further amended by adding at the end the following 
two paragraphs : — 

The pilot in command of any aircraft carrying passengers Pilots of 
for hire may take such action as is reasonably necessary to authorized 
restrain any person who interferes with, or threatens to inter- *°^^||^''^''^ 
fere with, the operation of the aircraft. persons. 

The person so restrained may be placed in charge of a 
pohce officer in the city or town where the aircraft next 
lands within the commonwealth, to be taken to a lawful 
place of detention. Complaint shall be made against the 
person arrested, by the officer taking him to the place of 
detention, to a district court having jurisdiction over such 
offenses committed in the city or town where such person is 
detained, and such court shall have jurisdiction of the case. 

Approved May 11, 1956. 



224 Acts, 1956. — Chaps. 338, 339, 340. 



Chap.SSS An Act authorizing the commissioner of public safety 
TO grant a lease of certain state property. 

Be it enacted, etc., as follows: 

The commissioner of public safety, in behalf of the com- 
monwealth, is hereby authorized to grant a lease for that 
portion of the property of the commonwealth located at 
1006 Commonwealth Avenue, Brookline, Massachusetts, now 
used as an automobile service station. Said lease, sub- 
ject to approval by the commissioner of administration and 
the governor and council, may be for a term, not exceeding 
five years, with an option of renewal for a similar period. 

Approved May 11, 1956. 



Chap.SS9 An Act authorizing the registrar of motor vehicles 
TO reduce the size of certain number plates. 

Be it enacted, etc., as follows: 

The number plates furnished by the registrar of motor 
vehicles under section six of chapter ninety of the General 
Laws to every person whose motor vehicle is registered in 
the year nineteen hundred and fifty-six may, at the direction 
of the registrar, be reduced in size to not less than twelve 
inches long and six inches high; provided that no part of 
the inscription thereon is removed or covered. 

This authorization may be used only in the case of a 
nineteen hundred and fifty-seven model motor vehicle pro- 
duced in the year nineteen hundred and fifty-six on which 
provision has been made for the mounting of plates no 
larger than twelve inches long and six inches high. 

Approved May 11, 1956. 



Chap.S4:0 An Act authorizing the boston licensing board to 
grant an all alcoholic beverages club license to 
the mattapan dorchester roxbury district council 
inc. jewish war veterans. 

Be it enacted, etc., as follows: 

Notwithstanding any other provision of law, the licensing 
board of the city of Boston is hereby authorized to issue to 
the Mattapan Dorchester Roxbury District Council Inc. 
Jewish War Veterans a license to sell all alcoholic beverages 
to be drunk on its premises to members and bona fide guests 
only. Said license shall not be transferable to any other 
licensee. Approved May 11, 1956. 



Acts, 1956. — Chap. 341. 225 



An Act establishing the Norfolk county mosquito Chav.S4:] 

CONTROL project. 

Be it enacted, etc., as follows: 

Section 1. The area in Norfolk county not including 
any city or town already a member of an organized mosquito 
control project is hereby constituted a mosquito control proj- 
ect under section five A of chapter two hundred and fifty- 
two of the General Laws, to the same extent as if so consti- 
tuted by the state reclamation board acting under said 
section five A and the improvements herein authorized shall 
be undertaken under the identifying name of the Norfolk 
County Mosquito Control Project. 

Beginning with the fiscal year commencing July first, 
nineteen hundred and fifty-six, to meet the expenses in- 
curred under this act, there shall be expended annually 
from the state treasury, subject to appropriation, sums equal 
in the aggregate to twenty cents on each one thousand dol- 
lars of taxable valuations of all such towns, and the sums 
so expended shall be assessed beginning in the calendar year 
nineteen hundred and fifty-six by the state treasurer on said 
towns one half in proportion to their said valuations and 
one half in proportion to their respective areas as additions 
to their respective quotas of the state tax to be assessed; 
provided, that any such town may in any year anticipate in 
whole or in part its assessment, and appropriate, raise and 
deposit the amount thereof with the state treasurer, and 
any sum so deposited shall be credited against such assess- 
ment. 

For the purpose of initiating work promptly towns partici- 
pating in this project are directed to pay to the state treas- 
urer an amount equal to one third of the sum to be paid 
annually under the aforementioned formula, upon action 
by the town meeting. Such sums, together with any volun- 
tary contributions that may be made from time to time, 
may be expended by the project without further appro- 
priation. 

Section 2. The funds appropriated and deposited as 
aforesaid shall be expended by the Norfolk County Mos- 
quito Control Project for the investigation of mosquito con- 
trol works, and the construction and maintenance thereof, 
in said county, under the direction and supervision of the 
state reclamation board in accordance with such known 
methods as in its opinion will effect the greatest measure of 
relief. 

Section 3. Any town which becomes a part of the mos- 
quito control project established under section one may 
withdraw from membership in said project after the expira- 
tion of one year; provided said town so votes at a regular or 
special town meeting held prior to the expiration of one year 
from the effective date of this act; otherwise, said town 
shall continue as a member of said project. 



226 



Acts, 1956. — Chap. 342. 



Section 3A. Any town in which this act has been in 
effect for a period of three years may by a majority vote of 
the voters at an annual town meeting withdraw from mem- 
bership in the mosquito control project established by this 
act, and thereupon the provisions of this act shall no longer 
apply to such town. 

Section 4. Any action taken by any town meeting in 
Norfolk county in the current year pursuant to authority 
contained in section one shall be valid and effective as 
though this act were in effect at the time of the posting of 
the warrant for said town meeting. 

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

Approved May 14, 1956. 



G. L. (Ter. 
Ed.), 46, 5 13, 
etc., amended. 



City and town 
clerks to 
furnish copies 
of amended 
records of 
certain births 
and deaths. 



Chap.S'i2 An Act relative to the furnishing by municipalities 
OF copies of amended records of certain births and 

DEATHS. 

Be it enacted, etc., as follows: 

Section 13 of chapter 46 of the General Laws is hereby 
amended by striking out the paragraph most recently 
amended by section 4 of chapter 107 of the acts of 1955 and 
inserting in place thereof the following paragraph : — 

He shall file any affidavit, certificate of adoption, certified 
copy of such decree or copy of record submitted under this 
section, and record it in a separate book kept therefor, 
with the name and residence of the deponent or the facts of 
such decree and the date of the original record, and shall 
thereupon draw a line through any statement, or statements, 
sought to be corrected or amended in the original record, 
without erasing them, shall enter upon the original record 
the facts required to correct, amend or supplement the same 
in accordance with such affidavit, certificate or decree, in- 
cluding, 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 par- 
ents 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 and 
to the city or town clerk of the residence of the parents at 
the time of birth or where the deceased lived at the time of 
death, shall forward to the state secretary and such city 
or town clerk a certified copy of the corrected, amended 
or supplemented record upon blanks to be provided by 
the state secretary, and the state secretary and the city 
or town clerk shall thereupon correct, amend or supplement 
the record in his office. Reference to the record of the affi- 
davit or such decree shall be made by the clerk on the mar- 
gin of the original record. If the clerk furnishes a copy of 
such a record, he shall certify to the facts contained therein 
as corrected, amended or supplemented; except that the 
clerk shall, upon proper judicial order, or when requested 
by a person seeking his own birth record, or by a person 



Acts, 1956. — Chap. 343. 227 

whose official duties, in the opinion of the clerk, entitle him 
to the information contained in the original record, furnish 
a copy of such original record. If the corrected, amended or 
supplemented record is that of a person who has acquired 
the status of a legitimate child, the clerk shall not indicate 
on such copy that the record has been corrected, amended 
or supplemented. Such affidavit, or a certified copy of the 
record of any other town or of a written statement made 
at the time by any person since deceased required by law 
to furnish evidence thereof, may, in the discretion of the 
clerk, be made the basis for the record of a birth, marriage 
or death not previously recorded, and such copy of record 
may also be made the basis for completing the record of a 
birth, marriage or death not containing all the required facts. 

Approved May 14, 1956. 



An Act establishing a licensing commission in the (Jfidy 343 

CITY OF GLOUCESTER. ' ' 

Be it enacted, etc., as follows: 

Section 1. There is hereby estabhshed in the city of 
Gloucester a Ucensing commission to consist of the chief of 
the fire department, the captain in charge of the poUce de- 
partment and the city clerk, all of whom shall serve without 
extra compensation. The city clerk shall act as clerk of 
said commission. 

Section 2. All authority to grant Hcenses and permits 
and, except as hereinafter provided, to suspend and revoke 
the same, now or hereafter vested by law in cities and to^^iis, 
or in the city of Gloucester or any board or official thereof, 
is hereby vested in said licensing commission, except the 
authority to grant licenses to innholders and common vict- 
uallers. Licenses for keeping and operating automatic amuse- 
ment devices, as defined in section one hundred and seventy- 
seven A of chapter one hundred and forty of the General 
Laws, and the licensing of musical entertainment provided 
by mechanical or electrical means, and licenses for the sale 
and transportation of alcoholic beverages, which authority 
shall be exercised exclusively by the board of license com- 
missioners of said city. The authority to grant licenses for 
the storage of gasohne and explosives, the Ucensing of out- 
door parking areas, the hcensing of public service corpora- 
tions for locations of poles and wires in public ways, and the 
granting of use permits under the zoning ordinance of said 
city, shall be exercised by the city council of said city, ex- 
cepting such licenses as are required by law to be granted by 
a particular official or board for the purpose of uniformity. 
The licensing commission shall not establish any rules or 
regulations pertaining to licenses or permits which are in- 
consistent with the rules and regulations estabhshed by the 
board of fire prevention regulations in the department of 
pubhc safety or with any ordinance of the city of Gloucester. 



228 Acts, 1956. — Chaps. 344, 345, 346. 

Section 3. This act shall take effect upon its acceptance 
by vote of the city council of said city, subject to the provi- 
sions of its charter, but not otherwise. 

Approved May 14, 1956. 

Chap. ^4:'^ An Act defining chiropody (podiatry). 

Be it enacted, etc., a^ follows: 

EdMT"§i3 Chapter 112 of the General Laws is hereby amended by 

etc!, 'amended.' Striking out sectiou 13, as amended by section 2 of chapter 

425 of the acts of 1937, and inserting in place thereof the 

(Sfeyff following section: — Section 13. "Chiropody" (podiatry) 

defined. ' as uscd iu this chapter shall mean the diagnosis and the 

treatment of the structures of the human foot by medical, 

mechanical, surgical, manipulative and electrical means 

without the use of other than local anesthetics, and excepting 

treatment of systemic conditions, and excluding amputation 

of the foot or toes. This and the ten following sections shall 

not apply to surgeons of the United States army, navy or of 

the United States Public Health Service, nor to physicians 

registered in the commonwealth. Approved May 14, 1956. 



Chap.S45 An Act authorizing the department of public health 

TO TAKE AND HOLD TRUST FUNDS FOR ITS OWN USE OR FOR 
THE USE OF ANY HOSPITAL UNDER ITS CHARGE. 

Be it enacted, etc., as follows: 

Ed.^; in.% 67, Chapter 111 of the General Laws is hereby amended by 
ameAded.' ' striking out sectiou 67, as appearing in the Tercentenary 
Edition, and inserting in place thereof the following section: 
fIr"ceVta?n ^ — Sectiou 67. The department may take and hold in trust 
hospitals. gifts or bequests for its own use or for the use of any sana- 
torium or hospital under its charge and shall succeed to and 
retain the rights, powers and duties formerly held or acquired 
by the trustees of hospitals for consumptives. 

Approved May I4, 1956. 

Chap. 34:6 An Act authorizing the dissolution of the norton- 

PLAINVILLE SCHOOL UNION. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
sixty-one of chapter seventy-one of the General Laws, the 
respective school committees of the town of Norton and the 
town of Plainville may vote on the question of withdrawing 
from the school superintend en cy union comprising said 
towns. Said union shall be dissolved upon a majority vote of 
each school committee. 

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

Approved May 15, 1956. 



Acts, 1956. — Chaps. 347, 348. 229 

An Act placing the incumbent of the office of assist- C/iap. 347 

ANT city planner OF THE CITY OF REVERE UNDER THE 
civil SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The incumbent of the office of assistant city 
planner of the city of Revere on the effective date of this 
act shall be given civil service status and shall be subject to 
the civil service laws and rules; provided, that he shall pass 
a qualifying examination to which he shall be subjected by 
the di\'ision of civil service within six months of the effective 
date of this act. 

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 May 15, 1956. 



An Act protecting certain titles to land against cer- CJiav 348 

TAIN defects in DEEDS OR INSTRUMENTS AFTER TEN 
YEARS FROM THE RECORDING THEREOF. 

Be it enacted, etc., as follows: 

Section 1. Chapter 184 of the General Laws is hereby o. l. (Xer. 
amended by inserting after section 23 the following section: — new '§^24,' 
Section 2Jf. When any owner of land the title to which is not added. 

Certain titles 



pro- 



registered, or of any interest in such land, signs an instrument to^fand 
in writing conveying or purporting to convey his land or c|rtahid?fi"t8 
interest, or in any manner affecting or purporting to affect in deeds or 
his title thereto, and the instrument, whether or not entitled aRer^tTn"*^ 
to record, is recorded, and indexed, in the registry of deeds ??*'"gp^°rdin 
for the district wherein such land is situated, and a period of thereof. 
ten years elapses after the instrument is accepted for record, 
and the instrument or the record thereof because of defect, 
irregularity or omission fails to comply in any respect with 
any requirement of law relating to seals, corporate or in- 
dividual, to the vahdity of acknowledgment, to certificate of 
acknowledgment, witnesses, attestation, proof of execution, 
or time of execution, to recitals of consideration, residence, 
address, or date, or, in instances where the corporation no 
longer exists according to the records of the commissioner of 
corporations and taxation, the authority of a person signing 
for a corporation who appears from a certificate of condition 
or other public record filed on behalf of the corporation to 
have been at the time of signing the president or treasurer or 
a principal officer of the corporation, such instrument and 
the record thereof shall notwithstanding any or all of such 
defects, irregularities and omissions, be effective for all pur- 
poses to the same extent as though the instrument and the 
record thereof had originally not been subject to the defect, 
irregularity or omission, unless within said period of ten years 
a proceeding is commenced on account of the defect, irregu- 
larity or omission, and notice thereof is duly recorded in said 



230 



Acts, 1956. — Chap. 349. 



Effective 
date. 



registry of deeds and indexed under the name of the signer 
of the instrument and, in the event of such proceeding, unless 
relief is thereby in due course granted. 

Section 2. The provisions of section twenty-four of 
chapter one hundred and eighty-four of the General Laws, 
inserted by section one of this act, shall also apply to in- 
struments recorded prior to January first, nineteen hundred 
and fifty-seven, except that in the case of an instrument 
accepted for record prior to January first, nineteen hundred 
and forty-eight, proceedings on account of a defect, irregu- 
larity or omission may be commenced, and notice thereof 
recorded at any time prior to January first, nineteen hundred 
and fifty-eight. 

Section 3. This act shall take effect on January first, 
nineteen hundred and fifty-seven. 

Approved May 15, 1956. 



G. L. (Ter. 
Ed.). 147, new 
§§ 17B, 17C, 
added. 

Forty hour 
week for 
police officers 
of certain 
cities and 
towns. 



C/iai).349 An Act providing for a forty hour week for police 

OFFICERS OF CERTAIN CITIES AND TOWNS, AND FOR COM- 
PENSATION FOR OVERTIME SERVICE. 

Be it enacted, etc., as follows: 

Chapter 147 of the General Laws is hereby amended by 
inserting after section 17A, inserted by chapter 268 of the 
acts of 1952, the following two sections: — Section 17B. 
Notwithstanding the provisions of any general or special 
law to the contrary, the ser\dces of all regular or permanent 
police officers of every city and town which accepts this 
section shall be restricted to five days and to forty hours in 
any one week ; provided, that service in excess of the afore- 
said days and hours may be authorized by the police com- 
missioner, chief, superintendent or other oflBcer or board at 
the head of the police department of any such city or town 
and the officer performing such additional service shall be 
compensated at the hourly rate of his regular compensation 
for his average weekly hours of regular duty or such higher 
rate as may be determined by the person or persons authorized 
to establish pay scales in the respective police departments. 
The compensation payable to any such police officer shall not 
be reduced by reason of the acceptance of this section. This 
section shall take effect in a city having a Plan E or Plan D 
charter when accepted by the affirmative vote of a majority 
of the city council and in the case of other cities by vote of 
the city council, subject to the provisions of its charter, and 
in a town by a majority vote at the annual town meeting. 

Section 17 C. If a regular police officer in the service of a 
city or town which has not accepted section seventeen B 
shall be required 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 



Compensation 
for overtime 
service for 
police officers 
in certain 
cities and 
towns. 



Acts, 1956. — Chaps. 350, 351, 352. 231 

overtime duty at such an hourly rate as may be determined 
by the authority in charge of the pohce department, which 
rate shall in no event be less than the hourly rate of his 
regular compensation for his average weekly hours of regular 
duty. Approved May 15, 1966. 

An Act relative to the use of the words, "massachu- CJiarf 350 

SETTS state fair". ^ ' 

Be it enacted, etc., asfolloics: 

Section 4B of chapter 110 of the General Law^s, as amended gj^- ^^^^er. 
by chapter 466 of the acts of 1948, is hereby further amended § 4b' etc.', 
by adding at the end the following sentence : — No person, ^"®°^^^- 

n ,- • ,• ,r,i .' Use of words 

firm, corporation or association, other than an agency or m- "Massachu- 
strumentaUty of the commonwealth shall use the words Fa"r"?regu- 
" Massachusetts State Fair" or any such words or phrases ^^t*'^- 
without the written consent of the commissioner of agricul- 
ture. Approved May 15, 1956. 



An Act authorizing the issuance of a registration Chap.2tb\ 

CERTIFICATE TO EACH JOINT OWNER OF A MOTOR VEHICLE 
OR TRAILER. 

Be it enacted, etc., as folloivs: 

Section 30 of chapter 90 of the General Laws, as appear- Ed^M^s'so 
ing in the Tercentenary Edition, is hereby amended by amended, 
striking out the second sentence and inserting in place 
thereof the following sentence: — The registrar may issue a issuance of 
certified copy, attested by him or his authorized agent, of clftifictteT 
any certificate of registration or of any hcense to operate ^oJnlxsoi 
motor vehicles which may have been lost or mutilated upon motor vehicles 
the written request of the person entitled thereto, or, where °' 
there are two or more joint owners of a motor vehicle or 
trailer, he may issue a certificate to each joint owner upon 
written request of the person entitled thereto ; and such cer- 
tified copies shall have the same force and effect as the 
originals. Approved May 15, 1956. 



An Act relative to representative town meetings in Chav. S52 

THE TOWN OF WEST SPRINGFIELD. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter 311 of the acts of 1922 is hereby 
amended by striking out section 7 and inserting in place 
thereof the following section : — Section 7. In the event of 
any vacancy in the full number of elected town meeting 
members from any precinct the vacancy shall be filled until 
the next annual town election from the list of defeated candi- 
dates for town meeting member from that precinct in the 
order of their recorded vote in the preceding town election. 
The defeated candidate who otherwise quahfies having the 



232 Acts, 1956. — Chap. 353. 

highest number of recorded votes shall be deemed elected 
until all vacancies are filled. The town clerk shall forth- 
with on the occurrence of any vacancy notify the defeated 
candidates in numerical order of his election and shall se- 
cure a written acceptance of the election. Failure to obtain 
such a written acceptance after a reasonable time shall con- 
stitute a declination, and the town clerk shall thereupon 
proceed to the next eligible and qualified candidate and so 
on until all vacancies are filled. 

In the event of a tie vote among such defeated candidates, 
and there are fewer vacancies than such candidates whose 
votes are tied, the town clerk shall call together the town 
meeting members of the precinct where the vacancy occurs 
and they shall by majority vote of those members present, 
and by ballot, elect one of such defeated candidates to fill 
said vacancy. 

In the event there are no such defeated candidates, the 
town clerk shall call together the town meeting members of 
the precinct who shall elect by majority vote and by ballot 
any registered voter of the precinct to fill said vacancy. 

At such meetings a majority of such members shall consti- 
tute a quorum and they shall elect from their own number a 
chairman and clerk. The clerk shall forthwith file with the 
town clerk a certificate of such election together with the 
written acceptance by the member so elected who shall there- 
upon be deemed elected and qualified as an elected town 
meeting member subject to the provisions of section three 
respecting the election and qualification of elected town 
meeting members. 

Section 2. This act shall take effect upon its acceptance 
by vote of an annual or special town meeting in the town 
of West Springfield. Approved May 15, 1956. 



Chap.35S An Act authorizing the designation of deputy assist- 
ant CLERKS OF THE DISTRICT COURTS. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter 218 of the General Laws is hereby amended by 

new'§ lOA, inserting after section 10 the following section: — Section 

added. 10 A. The clerk of each district court, except the municipal 

ofXpTty°" court of the city of Boston, may designate such employees 



authorized. 



cflrks'^of dis- i^ h^^ office, as in his judgment may be necessary for the 
trict cqurtB, convenience of the public, as deputy assistant clerks of said 
court, who shall have the same authority to administer oaths 
as an assistant clerk of a district court without receiving any 
extra compensation therefor. Approved May 15, 1956. 



Acts, 1956. — Chap. 354. 233 

An Act to provide funds for state activities by con- Qfidj) 354 

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 pro- 
visions of sections thirty to fifty-one, inclusive, of said chap- 
ter sixty-three and all acts in amendment thereof and in 
addition thereto, and in addition to the taxes imposed upon 
such corporations under section nine of chapter seven hun- 
dred 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 
taxable 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 nine- 
teen hundred and fifty-seven. 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 
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-six. 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 



234 Acts, 1956. — Chap. 354. 

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-six. 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 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 paj^able 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-seven. 

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 addi- 
tion thereto, and taxes levied under the provisions of sections 
thirty to sixty, inclusive, of chapter sixty-three of the Gen- 
eral 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 sections, acts and 
chapters in or on account of the calendar year nineteen hun- 
dred and fifty-seven, and ail provisions of law relative to the 
assessment, payment, collection and abatement of the said 
taxes shall apply to the taxes imposed by this section. This 
additional tax shall apply also to taxes levied under sec- 
tions 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 Gen- 
eral Laws, and of any further amendments thereof or addi- 
tions thereto, shall be subject to an additional tax of twenty 
per cent of all taxes imposed by said provisions with respect 
to property or interests therein passing or accruing upon the 
death of persons who died during the period beginning Janu- 
ary first, nineteen hundred and fifty-seven, and ending De- 
cember thirty-first, nineteen hundred and fifty-seven. All 
provisions of law relative to the determination, certification, 
payment, collection and abatement of such legacy and suc- 
cession 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 nineteen hundred 
and fifty-seven, and all provisions of law relative to the as- 
sessment, payment, collection and abatement of the said 
taxes shall apply to the taxes imposed by this section. 



Acts, 1956. — Chap. 354. 235 

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-seven, measured by its net 
income, 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. Dur- 
ing 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 chap- 
ter 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 heu thereof, every domestic insurance com- 
pany coming within the scope of the definition of a domestic 
company in section one of chapter one hundred and seventy- 
five of the General Laws, except 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 
for the year nineteen hundred and fifty-seven an excise of two 
per cent upon the gross premiums for all policies written or 
renewed, all additional premiums charged, and all assessments 
made by such company on pohcyholders during the preced- 
ing calendar year, exclusive of reinsurance; but such pre- 
miums and assessments for pohcies written or renewed for in- 
surance, exclusive of reinsurance, of property or interests in 
other states or countries where a tax is actually paid by such 
company, or its agents, shall not be so taxed. 

Section 10. If any part, section or subsection of this act 
or the apphcation thereof shall be held to be invalid or un- 
constitutional, such invahdity or unconstitutionaHty shall 
not be construed to affect the validity or constitutionality 
of any of the remaining provisions of said sections or the ap- 
plication of such provisions to persons or circumstances other 
than those as to which it is held invalid. It is hereby de- 
clared to be the legislative intent that said sections would 
have been adopted had such invalid or unconstitutional pro- 
visions not been included therein. 

Section 11. 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 hun- 
dred and forty-five, there is hereby imposed a further addi- 
tional excise tax of one haff mill for each cigarette sold, 



236 Acts, 1956. — Chaps. 355, 356. 

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-six, the same to 
be levied and collected as provided in said chapter sixty- 
four C, and the provisions of said chapter shall apply to said 
further additional excise to the same extent as to the normal 
excise levied thereunder. All the provisions of said chapter 
sixty-four C relative to the collection, verification and ad- 
ministration of the tax thereunder imposed shall, in so far as 
pertinent, be applicable to the tax imposed by tliis act. All 
cigarette taxes paid in pursuance of this act and other stat- 
utes of the general or special laws shall conclusively be pre- 
sumed to be a direct tax on the retail consumer, pre-collected 
for the purpose of convenience and facility only. 

Approved May 17, 1956. 



Chap.S55 An Act validating the locations of lines, poles and 

OTHER equipment OF THE NEW ENGLAND TELEPHONE 
AND TELEGRAPH COMPANY IN THE TOWN OF WELLESLEY. 

Be it enacted, etc., as follows: 

Section 1. All lines for the transmission of intelligence 
by electricity heretofore acquired or constructed by the 
New England Telephone and Telegraph Company in the 
town of Wellesley, upon, along, under or over the public 
ways and places of said town, and the poles, piers, abutments, 
conduits, manholes, vaults and other fixtures, including 
those jointly owned with the electric Ught department of 
said town, necessary to sustain, protect or operate the wires 
and cables of said lines, and actually in place on the effective 
date of this act, are hereby made lawful notwithstanding the 
lack of any vahd locations therefor or any informahty in the 
proceedings relative to their location and erection; provided, 
that the validation aforesaid shall not be effective as to the 
fines, structures or fixtures aforesaid unless there shall be 
filed with the clerk of said town not later than December 
thirty-first, nineteen hundred and fifty-six, a map or maps 
showing the location and nature of said lines, structures and 
fixtures, such map or maps so filed to be recorded and kept 
with the records of original locations for poles and wires in 
said town. 

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

Approved May 17, 1966. 



Chap.S5Q An Act relative to the disposal of public assistance 

case records. 

Be it enacted, etc., as follows: 

G. l. (Ter. Sectiou 17A of chapter 66 of the General Laws, as most 

f iTAfetc. recently amended by chapter 342 of the acts of 1953, is hereby 
amended. ' further amended by adding at the end the following sentence: 



Acts, 1956. — Chaps. 357, 358, 359. 237 

— The commonwealth and cities, towns and welfare districts Disposal of 
may destroy public assistance records ten years after the dis- ance'ca^^e'^*' 
continuance of aid granted under the provisions of chapter records, 
sixty-nine, one hundred and seventeen, one hundred and *" 
eighteen, one hundred and eighteen A, one hundred and 
eighteen D, and one hundred and nineteen, in such manner 
as the commissioner or director may prescribe. 

Approved May 17, 1956. 

An Act authorizing courses of instruction in boxing, fhn^ "357 

BOXING OR sparring MATCHES OR EXHIBITIONS AT CER- ^' 

TAIN BOYS' CLUBS, SCHOOLS AND RECREATIONAL AGENCIES. 

Be it enacted, etc., as follows: 

Chapter 147 of the General Laws is hereby amended by g. l. (Ter. 
inserting after section 50 the following section : — Section 60 A . ^^ 'j^Ioa, 
Courses of instruction in boxing, boxing or sparring matches added. 
or exhibitions, sponsored and conducted by recognized boys' bMingTJto., 
clubs, schools or colleges, or by municipal or state park or authorized.' 
recreational departments, under the supervision of quahfied 
instructors and directors, may take place or be conducted in 
any city or town which accepts this section in the manner 
provided in section forty-nine. Approved May 17, 1966. 



An Act authorizing the city of boston to pay an annuity fhnjy qc^c 

TO THE PARENTS OF THOMAS SLATTERY. ^' 

Be it enacted, etc., as follows. • 

Section 1. For the purpose of promoting the public 
good, the city of Boston is hereby authorized to pay in 
equal monthly instalments to the father and mother of 
Thomas Slattery, who was killed on January twenty-ninth, 
nineteen hundred and fifty-six, while in the performance of 
his duty as a fire fighter of said city, an annuity during their 
joint lives of fifteen hundred dollars, and upon the death of 
either, to the survivor an annuity for the remainder of his 
or her life of one thousand dollars. 

Section 2. 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 its charter, but not otherwise. 

Approved May 17, 1966. 



An Act relative to the filling of vacancies in town 
meeting membership 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 7, as amended by section 6 
of chapter 31 of the acts of 1950, and inserting in place 
thereof the following section : — Section 7. In the event 
that a vacancy occurs in the full number of town meeting 



Chap.Sb9 



238 Acts, 1956. — Chap. 359. 

members from any precinct, whether arising from a failure 
of the registered voters thereof to elect, or from any other 
cause, the town clerk shall at once choose the person who 
received the highest number of votes as a defeated candi- 
date for the office of town meeting member in the preceding 
election in the precinct where the vacancy occurs, and shall 
notify him of his appointment as a town meeting member. 
If for any reason this candidate cannot accept such appoint- 
ment, the second highest in recorded vote of the defeated 
candidates in that precinct shall be appointed. In the event 
neither of those receiving the highest or the second highest 
number of votes as defeated candidates is available, then the 
town clerk shall call together the town meeting members of 
the precinct where the vacancy occurs, and they shall, by 
majority vote of those present, elect any registered voter of 
that precinct to fill such vacancy. The town clerk shall 
count the ballots, make a certificate of the choice and notify 
the person so chosen; and, upon receipt by the town clerk 
of a written acceptance by the person so chosen, that person 
shall be deemed elected and quahfied as a town meeting 
member, subject to the right of all town meeting members to 
judge of the election and quahfication of members, as pro- 
vided in section three. 

A town meeting member appointed or chosen to fill a 
vacancy as herein provided shall serve only until the next 
annual town election. 

A tie vote between two or more persons for the last place 
to be filled by elected candidates, or between two or more 
persons with the highest number of votes as defeated candi- 
dates, or between two or more persons with the second 
highest number of votes as defeated candidates, shall in each 
instance be resolved by a majority vote of the town meeting 
members from that precinct attending a meeting called by 
the town clerk for that purpose. Upon the resolution of 
such tie vote by the town meeting members, the person or 
persons not so chosen for the last place to be filled by elected 
candidates shall be deemed for the purposes of this section 
to be the person or persons receiving the highest vote as de- 
feated candidates, and the person or persons so tied at the 
election with the highest number of votes as defeated candi- 
dates who are not so chosen by the town meeting members 
of the precinct shall be deemed for the purposes of this sec- 
tion to be the person or persons receiving the second highest 
vote as defeated candidates. 

Section 2. This act shall take full effect upon its accept- 
ance by a special or annual town meeting of the town of 
Needham held not later than the annual town meeting in 
the year nineteen hundred and fifty-eight. 

Approved May 17, 1956. 



/ 

Acts, 1956. — Chaps. 360, 361. 239 



ChapMO 



An Act authorizing the town of Shrewsbury to pay 

A SUM of money to HENRY W. De PATSY AND ALBERT J. 
ROTTI. 

Be it enacted, etc., as follows: 

Section 1. The town of Shrewsbury is hereby authorized 
to pay from an appropriation available therefor to Henry W. 
De Patsy and Albert J. Rotti, doing business under the name 
of A & H Construction Company, the sum of five thousand 
five hundred and nine dollars and eighty-six cents for labor 
and materials furnished by them to said town, claim for 
which labor and materials is legally unenforceable against 
said town by reason of the failure to conform with its town 
by-law relating to the award and execution of contracts. 

Section 2. No bill shall be approved by the town ac- 
countant of said town for payment or paid by the treasurer 
thereof under authority of this act unless and until certificates 
have been signed and filed with said town accountant, 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 town, and that such 
goods and materials were delivered and actually received by 
said town or that such services were rendered to said town, 
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 town, 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 May 18, 1956. 



An Act authorizing the city of Gloucester to appro- (JJi^nr) 35 j 

PRIATE money for THE PAYMENT OF AND TO PAY A CERTAIN 
UNPAID BILL. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 
gation, the city of Gloucester is hereby authorized to appro- 
priate money for the payment of, and after such appropriation 
the treasurer of said city is hereby authorized to pay, an 
unpaid bill incurred by said city, totalling seven hundred and 
fifty dollars, to Anthony N. Compagnone, for services 
rendered to said city in the year nineteen hundred and 
fifty-five, which bill is legally unenforceable against said city 
by reason of said services not having been engaged in accord- 
ance with its charter and having been incurred in excess of 
available appropriations. 

Section 2. No bill shall be approved by the auditor of 
said city for payment or paid by the treasurer thereof under 
authority of this act unless and until certificates have been 



240 Acts, 1956. — Chaps. 362, 363. 

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 oflScial 
or an employee of said city, and that such goods and ma- 
terials 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 pun- 
ished 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 May 18, 1966. 

Chap.SQ2 An Act validating certain acts of the town of milton. 
Be it enacted, etc., as follows: 

Section 1. The action of the town of Milton taken at 
an adjourned meeting held on March tenth, nineteen hun- 
dred and fifty-six, to sell and convey to Roger F. Turner of 
Walpole a right of way twelve feet wide shown on a plan 
referred to in a deed to Joseph Connolly, dated December 
twentieth, nineteen hundred and fifty-four, recorded with 
Norfolk County Registry of Deeds in Book 3330 at Page 65, 
which right of way was inadvertently taken by said town 
over certain land acquired by eminent domain for park 
purposes under an instrument of taking dated March 
twenty-fifth, nineteen hundred and fifty-five, and recorded 
with said Registry of Deeds in Book 3353 at Page 336, is 
hereby ratified and confirmed. 

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

Approved May 18, 1966. 

Chap.SQS An Act authorizing the city of Gloucester to pay a 

SUM OF MONEY TO CORLISS BROS., INC. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 
gation, the city of Gloucester is hereby authorized to appro- 
priate money for the payment of, and after such appropria- 
tion, the treasurer of said city is hereby authorized to pay 
the sum of, two thousand thirty-eight dollars and seventy 
cents to Corliss Bros., Inc. for materials and services ren- 
dered to said city by order of the city manager thereof, 
which order was issued without complying with the pro- 
visions of the ordinances of said city or of section twenty- 
eight of chapter forty-three of the General Laws; and which 
bill was incurred in excess of available appropriations. 

Section 2, No bill shall be approved by the auditor of 
said city for payment or paid by the treasurer thereof under 
authority of this act unless and until certificates have been 



Acts, 1956. — Chaps. 364, 365. 241 

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 ma- 
terials were defivered and actuaUy 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 act shall take effect upon its passage. 

Approved May 18, 1956. 

An Act authorizing the town op Shrewsbury to pay C/iap. 364 

A SUM OF MONEY TO THE HENLEY-LUNDGREN CO., INC. 

Be it enacted, etc., as follows: 

Section 1. The town of Shrewsbury is hereby authorized 
to pay from an appropriation available therefor to The 
Henley-Lundgren Co., Inc., the sum of one thousand and 
twelve dollars for labor and materials furnished by it to said 
town, claim for which labor and materials is legally unen- 
forceable against said town by reason of the failure to con- 
form with a town by-law relating to the award and execution 
of contracts. 

Section 2. No bill shall be approved by the town account- 
ant of said town for payment or paid by the treasurer thereof 
under authority of this act unless and until certificates have 
been signed and filed with said town accountant, 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 town, and that such goods and 
materials were delivered and actually received by said town 
or that such services were rendered to said town, 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 town, 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 May 18, 1966. 

An Act requiring clerks of court to report convictions Chap.SQ5 
OF certain crimes to the criminal information 

BUREAU WITHIN THE DIVISION OF STATE POLICE. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose which is to provide that convictions for preamble, 
certain crimes be reported forthwith to the criminal informa- 
tion bureau within the division of state police, therefore it is 



242 Acts, 1956. — Chaps. 366, 367. 

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

Be it enacted, etc., as follows: 

Ed)' 147 "^^ Section 4C of chapter 147 of the General Laws, inserted by 

§ 4C, etc.', section 2 of chapter 771 of the acts of 1955, is hereby amended 

amended. ^ty adding at the end the following subdivision: — 

S^t to^ (<^) The clerk of any court in which a person is convicted 

report^con- of a Crime involving gaming of any kind, drug and narcotic 

certLln^crimes. violatious, the salc or possession of pornographic literature 

or the improper solicitation or use of funds for charitable 

purposes, shall forthwith report such conviction to said 

bureau. The probation officer of said court shall furnish to 

the clerk a description of any person so convicted, which 

shall be on a form prescribed by the commissioner of public 

safety. Approved May 18, 1956. 

Chap.366 An Act authorizing and directing the approval of 

PAYMENT OF OVERTIME PAY TO CERTAIN POLICEMEN AND 
FIRE FIGHTERS FOR DUTIES PERFORMED DURING CERTAIN 
FLOOD EMERGENCIES IN NINETEEN HUNDRED AND FIFTY- 
FIVE. 

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 ninety-nine of the acts of nineteen hundred 
and fifty-five is hereby authorized and directed to approve 
overtime pay rather than time off for all regular city and town 
poHce and fire fighters who performed overtime duties 
during the emergency periods in the cities and towns affected 
by the floods caused by the rains of August eighteenth and 
nineteenth, nineteen hundred and fifty-five, 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 May 18, 1966. 

Chap.3Q7 An Act validating the acts and proceedings at the 

ANNUAL town MEETING OF THE TOWN OF BILLERICA HELD 
IN THE YEAR NINETEEN HUNDRED AND FIFTY-SIX. 

Be it enacted, etc., as follows: 

Section 1. The acts and proceedings of the town of 
Billerica at the annual town meeting held on March tenth, 
nineteen hundred and fifty-six, and at the adjourned sessions 
held on March seventeenth, twenty-fourth and twenty- 
seventh, nineteen hundred and fifty-six, and all acts done in 
pursuance thereof, are hereby in all respects ratified, vali- 
dated and confirmed. 

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

Approved May 18, 1966. 



Acts, 1956. — Chaps. 368, 369, 370. 243 



An Act transferring the management and care of Chav,S6S 

THE TOWN FOREST IN NEEDHAM TO THE BOARD OF PARK 
COMMISSIONERS OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
twenty-one of chapter forty-five of the General Laws, the 
management and care of the town forest in the town of 
Needham shall be transferred from the special town forest 
committee of said town to the board of park commissioners 
of said town and shall hereafter be in charge of said board. 

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

Approved May 18, 1956. 



An Act authorizing the inhabitants of the town of Qhav.Z^^ 

BEDFORD TO APPROPRIATE AND PAY A SUM OF MONEY TO 
BEDFORD GARDENS, INC. 

Be it enacted, etc., as follows: 

Section 1. In order to discharge a moral obligation the 
inhabitants of the town of Bedford are hereby authorized to 
appropriate the sum of two thousand seven hundred and 
fifty dollars and pay the same to Bedford Gardens, Inc. to 
reimburse it for moneys expended by it for a ten inch water 
main on South road of said town from the end of an existing 
six inch water main to Evergreen avenue in said town ; pro- 
vided, that no payments shall be made under authority of 
this act unless and until said Bedford Gardens, Inc. shall 
have released to said town by proper instruments all right, 
title and interest which it has in said water main or until 
said town shall have, if necessary, received or acquired per- 
manent easements for the operation and maintenance of 
said ten inch water main in or on the aforesaid road. 

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

Approved May 18, 1966. 



An Act authorizing the towns of bridgewater, east Chap. S70 

BRIDGEWATER, WEST BRIDGEWATER, AND THE CITY OF 
BROCKTON TO APPROPRIATE MONEY FOR THE PURPOSE OF 
PARTICIPATING IN THE BRIDGEWATER TERCENTENARY 
CELEBRATION. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of participating in the cele- 
bration of the three hundredth anniversary of the establish- 
ment of the town of Bridgewater and for the payment of the 
expenses in connection with said celebration, the city of 
Brockton may appropriate a sum not exceeding five thousand 
dollars, the towns of Bridgewater and East Bridgewater may 
each appropriate sums not to exceed two thousand five 



244 Acts, 1956. — Chap. 371. 

hundred dollars, and the town of West Bridgewater may 
appropriate a sum not to exceed two thousand dollars. 
After appropriation and at the direction of the boards of 
selectmen of the towns or the mayor of the city, the treasurer 
of each participating municipality may pay over to the Old 
Bridgewater Tercentenary Committee, Inc., all or any part 
of the funds so appropriated upon the condition that said 
corporation shall agree to file a report of expenditures from 
said moneys on or before December thirty-first, nineteen 
hundred and fifty-six, in such form and detail as the afore- 
said boards of selectmen and mayor may require, with the 
treasurer of each of the participating municipalities. Any 
unused portion of the moneys so appropriated and made 
available to the Old Bridgewater Tercentenary Committee, 
Inc., shall, not later than December thirty-first, nineteen 
hundred and fifty-six, be refunded to each of the munici- 
paUties participating in the expenses by an appropriation, 
proportionate to the amounts of their contributions to said 
committee. 

Section 2. Any action already taken during the current 
year by any of the aforesaid towns and by the city of Brock- 
ton, pursuant to authority contained in section one of this 
act, shall be valid and effective for all purposes as though 
this act were in full effect at the time of said action. 

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

Approved May 18, 1956. 



Chap. S71 ^N Act permitting examinations of certain persons 

FOR LICENSES AS PRACTICAL NURSES. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any contrary provision of 
section seventy-four A of chapter one hundred and twelve 
of the General Laws, any person of good moral character who 
is at least nineteen years of age and who is a graduate of a 
school for attendants which was located within the com- 
monwealth prior to August first, nineteen hundred and 
forty-four, shall, upon application and upon the payment of 
five dollars, be examined by the board of registration in 
nursing and, if found qualified, shall be hcensed as a practical 
nurse as provided in said section seventy-four A. 

Section 2. Notwithstanding any contrary provision of 
section seventy-four A of chapter one hundred and twelve of 
the General Laws, any person of good moral character, who 
is at least nineteen years of age and who furnishes satis- 
factory proof that he was a student in an approved school 
for nurses located within the commonwealth and was at the 
time of his withdrawal therefrom in good standing and that 
he received therein theoretical instruction and clinical ex- 
perience equivalent to that required for graduation from 
schools for practical nurses which are approved by the ap- 
proving authority established by section fifteen A of chapter 



Acts, 1956. — Chaps. 372, 373. 245 

thirteen of the General Laws shall, upon application and upon 
the payment of five dollars, be examined by the board of 
registration in nursing, and, if found qualified, shall be 
hcensed as a practical nurse as provided in said section 
seventy-four A. Approved May 18, 1956. 

An Act authorizing the county commissioners of nor- Chav 372 

FOLK COUNTY TO CONSTRUCT ADDITIONS TO THE DAIRY AT 
THE NORFOLK COUNTY AGRICULTURAL SCHOOL AND TO 
EQUIP AND FURNISH SUCH ADDITIONS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing adequate dairy 
faciHties for use by the Norfolk county agricultural school, 
the county commissioners of Norfolk county, in co-operation 
with the board of trustees of the Norfolk county agricultural 
school, are hereby authorized and directed to construct 
additions to the dairy at the aforesaid school and to equip and 
furnish such additions. 

Section 2. For the purpose of meeting the expense 
authorized by section one, the county treasurer, with the 
approval of the county commissioners, shall issue bonds or 
notes of the county not to exceed one hundred thousand 
dollars, which shall bear on their face the words, Norfolk 
County Agricultural School Loan, Act of 1956; and such 
bonds or notes shall be payable in not more than five years 
from their dates of issue. Such bonds or notes shall be signed 
by the treasurer of said county and countersigned by a 
majority of the county commissioners. The county may sell 
the said securities at public or private sale upon such terms 
and conditions as the county commissioners may deem 
proper, but not for less than their par value. Receipts from 
the sale of such bonds or notes shall be applied to the costs 
of construction of said additions or original equipment and 
furnishings. Indebtedness incurred under this act shall, 
except as herein provided, be subject to chapter thirty-five 
of the General Laws. Approved May 18, 1956. 

An Act relative to the investments of domestic in- C hap. S7S 
surance companies in municipal and corporate se- 
cured obligations. 

Be it enacted, etc., as follows: 

Section 63 of chapter 175 of the General Laws is hereby g. l. (Ter. 
amended by adding at the end the following paragraph : — amendJd.' ^'^' 

14C. In bonds, notes or other evidences of indebtedness investments 
of companies incorporated under the laws of the United fnsu^^^e^^com- 
States, or any state thereof, or of the Dominion of Canada ^fcf^aVan™"' 
or any province thereof, or of associations or trusts as de- corporate 
fined in section one of chapter one hundred and eighty-two, obligations, 
secured by assignment of a lease or leases, or the rentals pay- 
able under such leases, of real or personal property to (1) the 



246 Acts, 1956. — Chap. 374. 

United States of America or any instrumentality thereof or 
any state of the United States or any county, city, town, 
school or water district, authority or other political sub- 
division in any such state; or (2) one or more companies 
incorporated under the laws of the United States or any 
state thereof, or of the Dominion of Canada or any province 
thereof, or one or more associations or trusts as defined in 
section one of chapter one hundred and eighty-two; provided 
that (a.) the fixed rentals assigned shall be sufficient to repay 
the indebtedness within the unexpired term of the lease, ex- 
clusive of the term which may be provided by an enforceable 
option of renewal; (6) the average net earnings of any lessee 
under (2) above during the seven fiscal years preceding the 
date of the investment have been not less than four times its 
average fixed charges; (c) any county, city, town, school or 
water district or political subdivision located outside the 
commonwealth to quahfy as a lessee under (1) above must 
satisfy requirements as to either population or debt limita- 
tion as provided in paragraphs (2) (6) and (2) (c), respec- 
tively, of this section; (d) a first lien on the interest of the 
lessor in the unencumbered property so leased shall be ob- 
tained as additional security for the indebtedness; and (e) no 
company shall invest in such indebtedness if the aggregate 
balance of all outstanding investments held under this para- 
graph would thereby exceed five per cent of the assets of 
such company. As used in this paragraph "net earnings and 
fixed charges" shall have the meanings ascribed thereto in 
paragraph 14A; and "unencumbered" shall have the mean- 
ing ascribed thereto in paragraph 7. 

Approved May 18, 1956. 



Chap.S74: An Act relative to providing pensions for widows of 

POLICEMEN AND FIRE FIGHTERS UNDER THE NON-CON- 
TRIBUTORY RETIREMENT LAW. 

Be it enacted, etc., as follows: 

Ed.^' 32"' Chapter 32 of the General Laws is hereby amended by in- 

°dd d ^^'^' serting after section 851, inserted by chapter 268 of the acts 
Pensions for ^^ 1954, the followiug sectiou : — Section 85 J. Any police- 
widows of man or fire fighter who is eligible for superannuation retire- 
and'fiS^" ment under sections eighty to eighty-five, inclusive, in effect 
the non""'^^'^ in the city or town in which he is employed shall have the 
contributory right at the time of his retirement to elect one of the follow- 
retirement j^^ optious f or the payments of his pension : — 

Option A. — The full yearly amount of pension payable 
under the provisions of sections eighty to eighty-five, inclu- 
sive, to such policeman or fire fighter on the date of his re- 
tirement. 

Option B. — A lesser amount of yearly pension which shall 
be payable to such policeman or fire fighter during his life- 
time, with a provision that one half of the yearly amount of 
such lesser pension shall be continued during the lifetime of 



Acts, 1956. — Chap. 375. 247 

and paid to his widow. The yearly amount of such lesser 
pension shall be determined so that the value, on the date 
the retirement and pension becomes effective, of the prospec- 
tive payments to such policeman or fire fighter and to such 
widow shall be the actuarial equivalent of the value on such 
date of the full pension specified in option A of this section. 

If a poUceman or fire fighter who has served continuously 
for not less than twenty years in any city or town where he 
would be eligible for superannuation retirement under sec- 
tions eighty to eighty-five, inclusive, dies before being retired, 
his widow shall receive one half of the yearly amount of the 
pension provided for under option B of this section if his re- 
tirement had taken place on the date of his death. Said 
yearly amount shall be paid to such a widow so long as she 
remains unmarried; provided, that she has been married to 
such policeman or fire fighter not less than ten years prior 
to his death, and that they were living together at the time 
of his death, or Hving apart for justifiable cause other than 
desertion or moral turpitude on the part of the wife. 

The computation of the actuarial equivalent of the pen- 
sion payable to any policeman or fire fighter and the widow 
under the provisions of this option shall be subject to the 
supervision and verification by the actuary appointed by the 
commissioner of insurance in accordance with the provisions 
of section twenty-one, and the expenses for such service shall 
be paid by the city or town in which such pohceman or fire 
fighter was employed. 

The provisions of this section shall become effective in a 
city having a Plan D or Plan E charter by the affirmative 
vote of two thirds of all the members of the city council, and 
in the case of any other city by vote of the city council sub- 
ject to the provisions of its charter, and in a town by a ma- 
jority vote at an annual town meeting. 

Approved May 18, 1956. 



An Act relative to the voting powers of stockholders Chav.375 

OF BUSINESS CORPORATIONS. 

Be it enacted, etc., as follows: 

Chapter 156 of the General Laws is hereby amended by g. l. (Xer. 
striking out section 32, as amended by chapter 173 of the ftl! 'amended^' 
acts of 1955, and inserting in place thereof the following 
section : — Section 32. Stockholders entitled to vote shall, voting powers 
except as provided in sections two and four of chapter one °f ^*°°''''°''^«"- 
hundred and fifty-seven, have one vote for each share of 
stock owned by them ; provided, that in corporations 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 in- 
stalment of the subscription therefor which has been duly 
demanded under section eighteen is overdue and unpaid. 
Stockholders may vote either in person or by proxy. No 



248 Acts, 1956. — Chaps. 376, 377, 378. 

Proxies. 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. Approved May 18, 1956. 



Chap.S7Q An Act to provide for adequate lighting on the john 

GREENLEAF WHITTIER BRIDGE BETWEEN THE TOWN OF 
AMESBURY AND THE CITY OF NEWBURYPORT. 

Be it enacted, etc., as follows: 

The department of public works is hereby authorized and 
directed to provide such lighting facilities and conveniences 
as may be necessary and practical to illuminate adequately 
the structure, ways and approaches of the John Greenleaf 
Whittier Bridge between the town of Amesbury and city of 
Newburyport within the commonwealth. 

Approved May 18, 1956. 



Chap.377 An Act authorizing the department of public safety 

TO ACQUIRE ADDITIONAL LAND FOR A STATE POLICE SUB- 
STATION IN THE CITY OF LEOMINSTER. 

Be it enacted, etc., as follovjs: 

For the purpose of constructing a state police substation 
in the city of Leominster, as provided by Item 2926-18 of 
section two of chapter seven hundred and eighty-four of the 
acts of nineteen hundred and fifty-five, the department of 
public safety is hereby authorized to acquire by gift, deed, 
grant or otherwise, or take by eminent domain, such addi- 
tional land as may, in its judgment, be necessary to carry 
out said purpose. For the purpose of carrying out the pro- 
visions of this act the said department may expend such sums 
as may be appropriated therefor. 

Approved May 18, 1956. 



Chap. 37 S An Act increasing the period of certain service in 

THE ARMED FORCES OF THE COMMONWEALTH FOR WHICH 
STATE, COUNTY AND MUNICIPAL EMPLOYEES MAY BE 
PROTECTED AGAINST LOSS OF PAY OR VACATION. 

Be it enacted, etc., asfolloivs: 

G. L. (Ter. Sectiou 59 of chapter 33 of the General Laws, as appearing 

1 59.' etc.. in section 1 of chapter 590 of the acts of 1954, is hereby 

amended. amended by striking out, in line 9, the word "fifteen" and 

inserting in place thereof the word: — seventeen. 

Approved May 18, 1956. 



Acts, 1956. — Chap. 378. 249 



The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, June 15, 1956. 

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

Sir: — I, Christian A. Herter, by virtue of and in accord- 
ance with the provisions of the Forty-eighth Amendment to 
the Constitution, "The Referendum II, Emergency Meas- 
ure", do declare that in my opinion, the immediate preserva- 
tion of the public convenience requires that the law signed 
by me on the eighteenth day of May in the year one thousand 
nine hundred and fifty-six, being Chapter 378 of the Acts 
of the current year, entitled, "An Act increasing the Period 
of Certain Service in the Armed Forces of the Common- 
wealth for which state, county and municipal Employees 
may be protected against Loss of Pay or Vacation", should 
take effect forthmth and that it is an emergency law and 
the facts constituting the emergency are as follows : — 

Under our present law state, county and municipal em- 
ployees who are in the armed forces of the commonwealth 
are entitled to fourteen days active duty service with their 
units without having the days charged against their vacation 
period or their pa,y. A new plan of training requires that 
certain of these employees in our armed services leave for 
duty in advance of the regular troops. In order that the 
employee would not lose pay or vacation time for these addi- 
tional days the period has been by this act extended to 
seventeen daj^s. It would be impossible to have this act 
effective this year as the troops leave for camp in the month 
of July and the effective date of the Act is August 18, 1956. 
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, June 15, 1956. 

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 one 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 three hundred 
and seventy-eight of the acts of nineteen hundred and fifty- 
six. 

Edward J. Cronin, 

Secretary of the Commonwealth. 



250 



Acts, 1956. — Chaps. 379, 380. 



G. L. (Ter. 
Ed.), 63, § 48, 
etc., amended. 



Notice of 
tax. 



Time of 
payment. 



Chap. S79 An Act relative to the due date of payment of cer- 
tain CORPORATION TAXES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 63 of the General Laws is hereby 
amended by striking out section 48, as amended by section 1 
of chapter 473 of the acts of 1935, and inserting in place 
thereof the following section: — Section 48. The commis- 
sioner shall, as soon as may be, give written notice to every 
corporation subject to taxation under sections thirty to fifty- 
one, inclusive, and section sixty-seven of the amount of any 
tax due from it and of the time when the same is required to 
be paid, but failure to receive such notice shall not affect the 
vaUdity of the tax. Except as otherwise provided by section 
seventy-six, the entire excise tax shall be due and payable on 
or before the due date of the return. The portion of the tax 
not paid on said date shall bear interest from said date at the 
rate of one half of one per cent per month, or major fraction 
thereof, until it is paid. Taxes assessed under sections 
thirty-six, forty-four, forty-five and forty-six shall include 
interest as provided in this section to the date when the tax 
so assessed or any unpaid balance thereof is required to be 
paid. Taxes assessed under section forty-six shall be due 
and payable immediately on notice of assessment. Interest 
so assessed shall become a part of the tax. 

Section 2. Section 38B of said chapter 63 is hereby 
amended by striking out the last paragraph, as amended by 
section 3 of said chapter 473, and inserting in place thereof 
the following paragraph : — 

Such a corporation shall annually on or before April tenth, 
file a return in such form as the commissioner shall, with the 
approval of the state tax commission, prescribe giving such 
information as he shall require for determination of the excise 
under this section. The commissioner shall assess and col- 
lect said excise, and all provisions of this chapter relative to 
the assessment, collection, payment, abatement, verification 
and administration of the excise imposed by said section 
thirty-two, including penalties, shall, so far as pertinent, be 
applicable to the excise determined under this section; pro- 
vided, that said excise shall be due and payable on or before 
the due date of the return. Approved May 18, 1956. 



G. L. (Ter. 
Ed.), 63, 
§ 38B, etc., 
amended. 



Returns, etc. 
of corpora- 
tions selling 
securities. 



C/iap. 380 An Act authorizing the state tax commission to pro- 
vide FOR certain tax RETURNS AND TAX CALCULATIONS 
WITHOUT FRACTIONAL PARTS OF A DOLLAR. 

Be it enacted, etc., as follows: 

Section 1. Chapter 14 of the General Laws is hereby 
amended by adding at the end the following section : — Sec- 
tion 5. The commission may by regulation provide with 
respect to any amount required to be shown on a form pre- 
scribed by the commissioner for any return, statement, or 



G. L. (Ter. 
Ed.), 14, new 
§ 6, added. 



Acts, 1956. — Chap. 381. 251 



other document required by chapter sixty-two or sixty-three state tax 
that, if such amount is other than a whole dollar amount, to'^^'^de" 
the fractional part of a dollar shall be disregarded unless it for certain 

t3;X returns 

amounts to one half dollar or more, in which case the amount etc., ^v-ithout 
determined without regard to the fractional part of a dollar parfs o"*"! 
shall be increased by one dollar. f'oii'^'". 

The provisions of the above paragraph shall not be ap- 
plicable to items which must be taken into account in mak- 
ing the computations necessary to determine the amount 
required to be shown on the form, but shall be applicable 
only to such final amount. 

The commission may by regulation provide that in the 
allowance of any amount as a credit or refund, or in the col- 
lection of any additional assessment, or in the collection of 
any tax imposed under chapter sixty-two or sixty-three, a 
fractional part of a dollar shall be disregarded, unless it 
amounts to one half dollar or more, in which case the amount 
determined without regard to the fractional part of a dollar 
shall be increased by one dollar. 

Section 2. This act shall apply with respect to taxable 
years beginning after December thirty-first, nineteen hun- 
dred and fifty-five. Approved May 18, 1956. 

An Act relative to the exemption from taxation of Chav-'^^^ 

CERTAIN REAL PROPERTY OF CERTAIN VETERANS AND OTHER 
PERSONS. 

Whereas, The deferred operation of this act Avould tend p™ambiT^ 
to defeat its purpose, which is to provide immediately for 
an exemption from taxation of real property of certain vet- 
erans and other persons, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preserva- 
tion of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Clause Twenty-second of section 5 of chap- g. l. (Xer. 
ter 59 of the General Laws is hereby amended by striking ^t'ci! 'amended. 
out the first sentence, as appearing in section 1 of chapter 
683 of the acts of 1954, and inserting in place thereof the 
following sentence: — Real estate of the following classes of ^o^fax°tion 
persons, excepting persons described in paragraph (a), who ot real' prop- 
are legal residents of the commonwealth to the amount of certam^"**^*^ 
two thousand dollars in the case of each person, and real ^'^^0X13 
estate of persons described in paragraph (a) who are legal 
residents of the commonwealth to the amount of three thou- 
sand dollars; provided, such real estate is occupied in M^hole 
or in part as his residence or domicile by such person; and 
provided, further, that only three thousand dollars of the 
real estate of a soldier or sailor described in paragraph (a) 
and his wife, and only two thousand dollars of any other 
soldier or sailor and his wife shall be exempted; and 
provided, further, that the real estate of the person so ex- 
empted or the combined real estate of a soldier or sailor and 



252 



Acts, 1956. — Chap. 382. 



G. L. (Ter. 
Ed.), 69. § 5, 
etc., further 
amended. 



G. L. (Ter. 
Ed.). 69. I 6, 
etc., further 
amended. 



his wife does not exceed eight thousand dollars, exclusive of 
the value of the mortgage interest held by persons other 
than the person to be exempted in such mortgaged real 
estate as may be included in said whole estate or combined 
property; but if, said whole estate or combined property of 
a soldier or sailor described in paragraph (a) and his wife 
being less than three thousand dollars, the sum total thereof 
and of such mortgage interest exceeds three thousand dol- 
lars, the amount so exempted shall be three thousand dollars, 
and if, said whole estate or combined property of any other 
soldier or sailor and his wife, being less than two thousand 
dollars, the sum total thereof and of such mortgage interest 
exceeds two thousand dollars, the amount so exempted shall 
be two thousand dollars: 

Section 2. Said clause Twenty-second of said section 5 
of said chapter 59 is hereby further amended by striking out 
paragraph (c), as so appearing, and inserting in place thereof 
the following paragraph : — 

(c) Soldiers and sailors, as defined in paragraph (a) who, 
as a result of disabilities contracted while in such service 
and in the line of duty, have a disability rating of ten per 
cent or more as determined by the veterans' administration 
or by any branch of the armed forces. 

Section 3. Said clause Twenty-second of said section 5 
of said chapter 59 is hereby further amended by striking out 
paragraph (d), as so appearing. Approved May 22, 1966. 



C hap. SS2 An Act authorizing the appropriation of certain funds 
OF the city of pittsfield previously raised by bond 

ISSUE. 

Be it enacted, etc., as follows: 

Section 1. Notwitstanding the provisions of section 
twenty of chapter forty-four of the General Laws, the city 
of Pittsfield may, by a two thirds vote of all members of the 
city council during the current year, appropriate sums, not 
exceeding one hundred and seventy thousand seven hundred 
and seventy dollars and seventy cents from the proceeds of 
a loan issued May first, nineteen hundred and fifty-two, 
under the authority of chapter five hundred and fifty of the 
acts of nineteen hundred and forty-nine, which proceeds are 
not presently necessary for the purposes specified in the 
authorization of said loan, for the purpose of constructing 
and originally equipping and furnishing new elementary 
school buildings and constructing additions to or remodeling, 
reconstructing or making extraordinary repairs or alterations 
to existing school buildings but not for ordinary repairs or 
maintenance, and originally equipping and furnishing said 
additions. 

Section 2. The action of the city of Pittsfield, in expend- 
ing twenty-four thousand dollars, for the purchase of a tract 
of land upon which it is proposed to construct an elementary 



Acts, 1956. — Chap. 383. 253 

school building pursuant to an order adopted by its city 
council on October twenty-fifth, nineteen hundred and fifty- 
five, and approved by its mayor on November first, nineteen 
hundred and fifty-five, from the proceeds of a loan issued 
May first, nineteen hundred and fifty-two, under the au- 
thority of chapter five hundred and fifty of the acts of nine- 
teen hundred and forty-nine, is herewith validated. 

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

Approved May 22, 1956. 



An Act increasing the powers of the registrar of C/iap. 383 

MOTOR VEHICLES RELATIVE TO THE ISSUE OR RENEWAL 
OF THE LICENSE OF A DRIVER SCHOOL OR INSTRUCTOR'S 
CERTIFICATE. 

Be it enacted, etc., as follows: 

Section 1. Section 32G of chapter 90 of the General Ed.hS!^'' 
Laws, inserted by chapter 563 of the acts of 1953, is hereby § 326 etc. 
amended by striking out the fourth paragraph and inserting *'''^° 
in place thereof the following paragraph : — 

The registrar may suspend or revoke a Ucense or refuse Powers and 
to issue a renewal thereof for any of the following causes : — re"gkTrar 
(a) the conviction of the licensee or any partner, officer, 01 motor 

. , riT rrt e vehicles. 

agent or employee of such ncensee, 01 a felony, or of any 
crime involving violence, dishonesty, deceit, indecency, de- 
generacy or moral turpitude; (b) where the licensee has 
made a material false statement or concealed a material 
fact in connection with his application for the license or a 
renewal thereof; (c) where the licensee has failed to comply 
with any of the provisions of this section or any of the rules , 

and regulations of the registrar made pursuant thereto; (d) 
where the licensee or any partner, officer, agent or employee 
of such Hcensee has been guilty of fraud or fraudulent prac- 
tices in relation to the business conducted under the license, 
or guilty of inducing another to resort to fraud or fraudulent 
practices in relation to securing for himself or another a 
license to drive a motor vehicle ; (e) for any other good cause. 
The term "fraudulent practices" as used in this section shall 
include, but shall not be limited to, any conduct or repre- 
sentation on the part of the licensee, or any partner, officer, 
agent or employee of a licensee, tending to induce another or 
to give the impression that a license to operate a motor 
vehicle, or any other license, registration or service granted 
by the registrar may be obtained by any means other than 
those prescribed by law, or furnishing or obtaining the same 
by illegal or improper means, or requesting, accepting, exact- 
ing or collecting money for such purpose. 

Section 2. Said section 32G of said chapter 90 is hereby o l. (Xer. 
further amended by striking out the eleventh paragraph, as § 32G^etc.. 
so appearing, and inserting in place thereof the following ^^g^^gj 
paragraph : — 

The registrar may suspend or revoke an instructor's cer- 



254 



Acts, 1956. — Chap. 384. 



Causes for 
suspension 
or revocation 
of instructor's 
certificate. 



tificate for any of the following causes: — (1) expiration, 
suspension or revocation of the operator's license of such 
instructor; (2) such instructor has failed to comply with the 
rules and regulations prescribed by the registrar; (3) con- 
viction of such instructor of a felony or any crime involving 
violence, dishonesty, deceit, indecency, degeneracy or moral 
turpitude; (4) such instructor has been guilty of fraud or 
fraudulent practices; and (5) for any other good cause. 
An instructor whose certificate has been suspended or re- 
voked shall be entitled to a hearing upon his written request 
therefor. Approved May 22, 1956. 



Chap. 384: An Act exempting certain farm machinery from local 

TAXATION. 



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



Certain farm 
machinery 
exempt from 
local taxation. 



Be it enacted, etc., as follows: 

Section 5 of chapter 59 of the General Laws is hereby 
amended by striking out clause Twentieth, as most recently 
amended by chapter 347 of the acts of 1953, and inserting in 
place thereof the following clause: — 

Twentieth, The wearing apparel, farming utensils and 
cash on hand of every person and the tools of his trade if a 
mechanic, to any amount; and to an amount not exceeding 
a total value of one thousand dollars in respect to the farm 
machinery, other than motor vehicles and trailers upon which 
a motor vehicle or trailer excise is payable, owned by in- 
dividuals and partnerships engaged principally in agriculture; 
and to an amount not exceeding a total value of five thousand 
dollars in respect to all the articles hereinafter specified in 
this clause, his household furniture and effects, including 
jewelry, plate, works of art, musical instruments, radios, 
television sets and garage or stable accessories, in storage in 
a public warehouse kept and maintained under chapter one 
hundred and five or used or commonly kept in or about the 
dwelling of which he is the owner of record or for the use 
of which he is obligated to pay rent, and which is the place 
of his domicile, and boats, fishing gear and nets owned and 
actually used by him in the prosecution of his business if 
engaged exclusively in commercial fishing; provided, that 
in the case of household furniture and effects the combined 
exemption of husband and wife shall not exceed five thou- 
sand dollars; provided, that failure to comply with the 
provisions of sections twenty-nine and sixty-one relative to 
the filing of a list of his personal estate with the assessors 
shall not be a bar to an abatement of the tax, if any, imposed 
upon such personal estate. Approved May 22, 1966. 



Acts, 1956. — Chaps. 385, 386. 255 

An Act providing for leave of absence from work for Chap.3S5 

EMPLOYEES WHO ARE MEMBERS OF ORGANIZED UNITS 
OF THE READY RESERVE OF THE ARMED FORCES WHILE 
ENGAGED IN TEMPORARY MILITARY TRAINING WITH THE 
ARMED FORCES OF THE UNITED STATES. 

Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by g. l. (Xer. 
inserting after section 52 the following section: — Section fsiv.^tdded^ 
52 A. Any member of an organized unit of the ready reserve Leave of 
of the armed forces, who, in order to receive military training ^wTfo/ "^"^ 
with the armed forces of the United States not exceeding muitary 

. 1 J 1 •. • training for 

seventeen days m any one calendar year, leaves a position certain per- 
other than a temporary position in the employ of any em- 1°^^; author- 
ployer, and who shall give notice to his employer of the date 
of departure and date of return for the purposes of military 
training, and of the satisfactory completion of such training 
immediately thereafter, and who is still quaUfied to perform 
the duties of such position, shall be entitled to be restored to 
his previous, or a similar, position with the same status, pay 
and seniority, and such period of absence for military training 
shall be construed as an absence with leave and, within the 
discretion of the employer, said leave may be with or without 
pay. 

Such absence for military training shall not affect the 
employee's right to receive normal vacation, sick leave, 
bonus, advancement and other advantages of his employ- 
ment normally to be anticipated in his particular position. 

If any employer fails to comply with any of the provisions 
of this section, the employee may, at his election, bring an 
action at law for damages for such non-compliance or apply 
to the courts for such equitable relief as may be just and 
proper under the circumstances. 

Approved May 22, 1956. 



An Act relative to pension rights of certain mem- C/iap.386 

BERS OF the general COURT WHO APPLIED FOR RETIRE- 
MENT PRIOR TO THE REPEAL OF THE LEGISLATORS' RE- 
TIREMENT ACT. 

Be it enacted, etc., as follows: 

Any former member of the general court or any former 
constitutional officer who made written application for re- 
tirement prior to September sixteenth, nineteen hundred 
and fifty-two, and whose retirement application was not 
acted upon because of the provisions of chapter six hundred 
and thirty-four of the acts of nineteen hundred and fifty-two, 
shall upon any re-appfication filed subsequent to the effec- 
tive date of chapter five hundred and fifty-four of the acts 
of nineteen hundred and fifty-five be retired, and his allow- 
ance shall be recomputed in accordance with the provisions 
of sections one to twenty-eight, inclusive, of chapter thirty- 



256 



Acts, 1956. — Chaps. 387, 388. 



two of the General Laws, and said recomputation shall be 
effective as of the date set forth in his original apphcation 
for retirement. Approved May 22, 1966. 



C hap. 3S7 An Act relative to the suspension of registrations 

OF MOTOR vehicles BY THE REGISTRAR OF MOTOR VEHICLES. 

Be it enacted, etc., as follows: 

Section 31 A of chapter 90 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 convicted of a viola- 
tion of any rule or regulation made under this section shall 
be punished by a fine of not more than twenty-five dollars, 
and in case of a second or subsequent offence the registration 
of the vehicle or vehicles involved shall be suspended for such 
length of time as the registrar may determine. 

Approved May 22, 1956. 



G. L. (Ter. 
Ed.), 90, 
§31A, 
amended. 

Suspension 
of registration 
by registrar 
of motor 
vehicles. 



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



Temporary 
permit in 
lieu of 
license to 
operate motor 
vehicles. 



Chav 388 ^^ ^^"^ increasing the time during which a temporary 
permit in lieu of a license to operate motor vehicles 
, shall be valid. 

Be it enacted, etc., as follows: 

Section L The first paragraph of section 8 of chapter 90 
of the General Laws, as most recently amended by chapter 
488 of the acts of 1955, is hereby further amended by insert- 
ing after the first sentence the following two sentences: — 
If for any reason the registrar or his agents are unable to 
examine an applicant for a license promptly, the applicant 
may be issued a receipt for the fee paid, provided that the 
applicant shows that he is dulj'^ licensed in a state or country 
which state or country the registrar has finally determined 
prescribes and enforces standards of fitness for operators of 
motor vehicles substantially as high as those prescribed and 
enforced by this commonwealth. Said receipt shall be 
carried in lieu of the license, and for a period of sixty days 
from the date of its issue said receipt shall have the same 
force and effect given to the license by this chapter. 

Section 2. Said chapter 90 is hereby further amended by 
striking out section 11, as most recently amended by chap- 
ter 446 of the acts of 1954, and inserting in place thereof the 
following section: — Section 11. Every person operating a 
motor vehicle shall have the certificate of registration for the 
vehicle and of the trailers, if any, and his license to operate, 
upon his person or in the vehicle, in some easily accessible 
place, except that the certificates of registration of dealers 
and farmers need not so be carried. If for any reason the 
registrar or his agents are unable to issue promptly to an 
applicant the certificate of registration or the license applied 
for, they may issue a receipt for the fee paid, and said receipt 
shall be carried in lieu of the certificate or hcense as the case 



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

Certificate of 
registration 
and license 
to be carried 
by operator. 



Exception. 



Acts, 1956. — Chap. 389. 257 

may be, and for a period of sixty days from the date of its 
issue said receipt shall have the same force and effect given 
to the certificate or license by this chapter. If, in com- 
pliance with a written demand of the registrar or any of his 
authorized agents, a certificate of registration or license to 
operate is returned for inspection or for any other purpose, 
except for suspension or revocation, such written demand 
shall be carried in lieu of the certificate or license, as the case 
may be, and for the period of sixty daj^s from its date said 
demand shall have the same force and effect given to the cer- 
tificate or license by this chapter. Any operator who know- 
ingly collides with or otherwise causes injury to any person 
or to any other vehicle or property shall plainly exhibit his 
license at the scene of the accident upon request of the person 
injured or the person owning or in charge of the property 
damaged. Approved May 22, 1956. 



An Act prohibiting the overloading of certain semi- Chav.Z^"^ 

TRAILER UNITS AND FIXING A PENALTY FOR VIOLATIONS 
RELATIVE THERETO. 

Be it enacted, etc., as follows: 

Section 1. The third paragraph of section 19A of chap- g. l. (Ter. 
ter 90 of the General Laws, inserted by chapter 617 of the fi^^A^^ete., 
acts of 1951, is hereby amended by inserting after the word amended. 
"trailer", in |lines 1 and 3, in each instance, the words: — 
or semi-trailer unit, — so as to read as follows : — 

No motor vehicle or trailer or semi-trailer unit shall be operation of 
operated, nor shall the owner or bailee thereof require or ^otOTvlhlcies, 
permit such operation, when the gross weight of such motor ^'^^j^l^fij.!^"- 
vehicle or trailer or semi-trailer unit exceeds either that pro- ^^ 
vided by this chapter or the gross weight for which such 
vehicle is registered, nor shall any person load or cause to be 
loaded such vehicle in excess of such weights. 

Section 2. The first sentence of the last paragraph of g-^L.^xer. 
section 19A of said chapter 90, as appearing in chapter 408 § lyX, etc, 
of the acts of 1952, is hereby further amended by striking ^^^^^^%^_ 
out, in line 9, the word " pubHc ", — so as to read as follows : — 
Notwithstanding the foregoing provisions of this section, Travel upon 
nor any contrary provision of section thirty of chapter gg^tainWs 
eighty-five, a construction type motor vehicle having two of motor 
axles, which vehicle with its load weighs not more than regulated. 
twenty-three tons, or a construction type semi-trailer unit 
or motor vehicle having three axles, or a semi-trailer unit 
or motor vehicle having three axles while carrjdng liquid 
petroleum products, which vehicle with its load weighs not 
more than thirty tons, may travel on a way while engaged in 
hauling construction materials or liquid petroleum products 
without a permit as required by said section thirty of chapter 
eighty-five; pro\dded, that the gross weight of such vehicle 
as operated does not exceed the gross vehicle weight rating 
as established by the original manufacturer of the chassis; 



258 



Acts, 1956. — Chap. 390. 



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



Penalties. 



and provided, further, that the vehicle is duly registered in 
this commonwealth for such weight. 

Section 3. The first sentence of section 20 of said chap- 
ter 90, as amended by chapter 567 of the acts of 1951, is 
hereby further amended by inserting after the word "trailer", 
in line 15, the words: — or semi-trailer unit, — so as to read 
as follows : — Any person convicted of a violation of any 
provision of this chapter the punishment for which is not 
otherwise provided, or of a violation of any rule or regulation 
of the registrar made under authority of section thirty-one, 
or of a violation of a special speed regulation lawfully made 
under authority of section eighteen, shall be punished by a 
fine of not more than twenty-five dollars for the first offence, 
not less than twenty-five nor more than fifty dollars for a 
second offence, and not less than fifty nor more than one hun- 
dred dollars for subsequent offences committed during any 
period of twelve months; provided, that any person con- 
victed of using a spot fight, as prohibited by section sixteen, 
shall be punished by a fine of not less than twenty nor more 
than one hundred dollars, and that any person convicted of 
operating a motor vehicle or trailer or semi-trailer unit in 
violation of section nineteen or of the terms of any permit 
granted thereunder shall be punished by a fine of not more 
than one hundred dollars, and that any person convicted of 
a violation of section nineteen A or of the terms of any per- 
mit granted thereunder shall be punished by a fine of not 
less than ten dollars for each one thousand pounds of weight 
by which the gross weight of such vehicle as operated exceeds 
either that permitted by said section nineteen A or the gross 
weight for which such vehicle is registered, but in no event 
more than five hundred dollars. Approved May 22, 1956. 



Chap.SdO An Act relative to the filing of annual returns by 

CERTAIN corporations. 

Be it enacted, etc., as follows: 

Chapter 180 of the General Laws is hereby amended by 
striking out section 26A, as most recently amended by 
chapter 290 of the acts of 1955, and inserting in place thereof 
the following section: — Section 26 A. Every corporation 
heretofore or hereafter organized under general or special 
law for any purpose mentioned in section two, and every 
corporation organized for the purpose of conducting a school 
of medicine, shall annually, on or before November first, pre- 
pare and submit 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 addr^s) of its principal oflfice 
or headquarters. 



G. L. (Ter. 
Ed.), 180, 
§ 26A, etc., 
amended. 

Filing of 

annual 

returna by 

certain 

corporations, 

required. 



Acts, 1956. — Chaps. 391, 392. 259 

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 
successive years, the state secretary shall give notice thereof upon'^f^fiure 
by mail, postage prepaid, to such corporation in default, ^yt^oji^ed"^"' 
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. 

This section shall not apply to a church or rehgious organi- 
zation, a non-profit school or college, a corporation organized 
prior to January first, nineteen hundred and twenty-three, 
under the laws of this commonwealth and having as part 
of its name the name of a pohtical party as defined by law, 
or a charitable hospital. Approved May 22, 1956. 



k.i:!i Act relative to the water supply for the Bristol Chav.Z^X 

COUNTY AGRICULTURAL SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. Section 3 of chapter 392 of the acts of 1941 
is hereby amended by striking out, in lines 2 and 3, the 
words "South Dighton Fire and Water District" and insert- 
ing in place thereof the words : — Dighton Water District. 

Section 2. The acts of the trustees of the Bristol County 
Agricultural School in selling water for domestic use prior 
to the effective date of this act are hereby validated. 

Section 3. The trustees of the Bristol County Agricul- 
tural School are hereby authorized to continue or extend the 
sale of water for domestic use to owners of property abutting 
the school water mains in cases where such owners cannot 
be served by a public water supply. 

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

Approved May 25, 1956. 



An Act extending the boundaries of the lynnfield 

WATER district. 

Be it enacted, etc., as follows: 

Section 1. Chapter 445 of the acts of 1924 is hereby 
amended by inserting after section lA, inserted by section 1 
of chapter 69 of the acts of 1953, the following section: — 
Section IB. The boundaries of the said Lynnfield Water 
District as estabhshed by section one and extended by sec- 
tion one A are hereby further extended to include the terri- 



Chap.S92 



260 Acts, 1956. — Chaps. 393, 394. 

tory in said town of Lynnfield bounded and described as 
follows : — 

Beginning at a stone town monument near the northerly- 
shore of Suntaug Lake, sometimes called "Humphrey's 
Pond", thence running in a southwesterly direction along 
the town precinct line to the boundary line between Lynn- 
field and Wakefield, thence turning and running along said 
boundary line in a southerly direction to the boundary line 
between Lynnfield and Saugus, thence turning and running 
easterly along said boundary line to the easterly side of 
Walnut street, thence turning and running in a northwesterly 
direction on Walnut street to the junction of Walnut street 
and state highway 128, thence turning and running in a 
northeasterly direction along the original northerly water 
district line to the point of beginning; except for two areas 
south of the precinct line previously acquired by the Lynn- 
field Center Water District under the provisions of chapter 
three hundred and thirty-six of the acts of nineteen hundred 
and thirty-nine, and as voted into said district on July nine- 
teenth, nineteen hundred and fifty and September twenty- 
fourth, nineteen hundred and fifty-three. 

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

Approved May 25, 1956. 



C/iap. 393 An Act providing that the benefits of an act pro- 
viding SUITABLE recognition OF CERTAIN RESIDENTS 
OF MASSACHUSETTS WHO SERVED IN THE ARMED FORCES 
OF THE UNITED STATES DURING WORLD WAR I BE FURTHER 
EXTENDED. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of sections two and four 
of chapter two hundred and eighty-three of the acts of nine- 
teen hundred and nineteen there shall be allowed and paid 
out of the treasury of the commonwealth to any man who 
had enlisted in the regular army, navy or marine corps and 
who served therein during World War I and whose term of 
enUstment did not expire until after June fifteenth, nine- 
teen hundred and seventeen, the sum of one hundred dol- 
lars; provided, that any such person fulfills all qualifications 
of said chapter two hundred and eighty-three relative to resi- 
dence in the commonwealth prior to his enlistment. 

Approved May 25, 1956. 



Chav.S94: An Act further defining persons eligible to receive 

veterans' benefits. 

Be it enacted, etc., as follows: 

G. l. (Ter. Sectiou 5 of chapter 115 of the General Laws is hereby 

fi^etaf' amended by striking out the third paragraph, as amended 

amended. 



Acts, 1956. — Chap. 395. 261 

by section 3 of chapter 305 of the acts of 1955, and insert- 
ing in place thereof the foUomng paragraph: — 

No \'eterans' benefits shall be paid to or for any veteran Payment 
who has been dishonorably discharged from any national benefitr"*' 
soldiers' or sailors' home or from a soldiers' home in this regulated. 
commonwealth, or to or for his dependents, unless the com- 
missioner shall otherwise determine; nor to or for any ap- 
plicant convicted of a crime, if the veterans' agent and the 
commissioner shall so rule; and, unless the commissioner, 
at his discretion, shall otherwise determine, no veterans' 
benefits shall be paid to or for any veteran who neglects to 
support his dependents nor to or for any dependents of such 
veteran, nor to or for any veteran or apphcant if the necessity 
therefor is caused by his voluntary idleness or continuous 
vicious habits nor to or for any dependents of such veteran 
or applicant; but dependents of a deceased veteran shall not 
be deemed mehgible to receive such benefits by reason of 
any negligence of such veteran, when alive, to support them. 
No veteran who is or shall other^^dse be entitled to veterans' 
benefits shall lose his right thereto by reason of his absence 
from the commonwealth while receiving hospital treatment, 
under orders of the United States Veterans' Administration, 
at any hospital located outside the commonwealth, nor shall 
the right of his dependents thereto be lost while he is actually 
receiving such hospital treatment by reason of their absence 
from the commonwealth to accompany him. 

Approved May 25, 1966. 



An Act relative to burial allowance for certain Chap.395 

DECEASED VETERANS. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 1 15 of the General Laws g. l. (Ter. 
is hereby amended by striking out the seventh paragraph, f 2,^;tc^^' 
as amended by section 1 of chapter 535 of the acts of 1948, amended. 
and inserting in place thereof the following paragraph : — 

He may, by a written demand signed by him or by his Duties of 
duly authorized agent, require the treasurer of a saAdngs of'^^erana-*''^ 
bank, institution for savings, national bank, trust com- services. 
pany, co-operative bank, benefit association, insurance com- 
pany or safe deposit company, to inform him of the amounts 
at any time deposited with such corporation or association 
to the credit of a recipient of veterans' benefits under this 
chapter, or an appHcant therefor, or at any time withdrawn 
from such corporation or association by such recipient or 
applicant, or the amounts loaned to such recipient or ap- 
plicant for the purchase of real property under the terms of 
a mortgage and the present balance due thereon, and, in like 
manner, may require the employer of any such recipient 
or applicant, or of any child of such recipient or applicant 
living in his household, to inform him of the amount of 
money at any time paid by such employer to such recipient, 



deceased 
veterans 



262 Acts, 1956. — Chap. 396. 

applicant or child, and any treasurer or employer who re- 
fuses to furnish such information or who wilfully renders 
false information in reply to such demand shall forfeit fifty 
dollars to the use of the commonwealth. 
Ed^'nl'^' Section 2. Section 8 of said chapter 115, as appearing 

§ 8, 4tc., ' in chapter 648 of the acts of 1948, is hereby amended by 
amende . striking out the first two sentences and inserting in place 

ail^^for"°^" thereof the following two sentences : — Amounts expended 
certain _ by the burial agent under the provisions of section seven 

shall not be greater than one hundred dollars for the burial 
of a child under the age of seven nor greater than two hun- 
dred and fifty dollars for the burial of any other person, ex- 
cept that in a case where a burial allowance shall be payable 
from the Veterans' Administration of the United States gov- 
ernment the limit shall be one hundred and lift}'' dollars. No 
city or town shall be reimbursed under this section for any 
amount so expended for any single burial if the total ex- 
pense of said burial, exclusive of the purchase price of the 
grave, the cost of grave opening and the cost of a cement 
vault liner if one is required by the cemetery regulations, 
by whomsoever incurred, exceeded two hundred dollars for 
a child under the age of seven, or five hundred dollars for 
any other person. Approved May 26, 1956. 



Chap.39Q An Act authorizing the city of boston to pension 

EDWARD p. CONNOLLY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, the police commissioner of the city of Boston, with 
the approval of the mayor of said city, shall forthwith re- 
tire, on an annual pension to be paid by said city in monthly 
instalments, Edward P. Connolly, a detective third grade in 
the police department of said city, who is totally disabled by 
reason of excruciating injuries sustained by him when shot 
while in the performance of duty. Such pension shall be at 
the same annual rate as the compensation payable to him at 
the time of his retirement. Upon his death leaving Thelma 
M. Connolly, his wife, surviving him, said city shall pay to 
her, so long as she remains unmarried, an annuity of fifteen 
hundred dollars a year, increased by three hundred and 
twelve dollars for each child of said Edward P. Connolly 
during such time as such child is under the age of eighteen 
or over said age and physically or mentally incapacitated 
from earning. If said Thelma M. Connolly remarries, said 
city shall pay, in heu of the aforesaid annuity to her, an 
annuity of five hundred and twenty dollars to or for the 
benefit of each such child during the time aforesaid. If 
said Thelma M. Connolly does not survive said Edward P. 
Connolly, or later dies, said city shall pay such an annuity 
as would have been payable to said Thelma M. Connolly 
had she lived, to or for the benefit of such child, or if there 



Acts, 1956. — Chaps. 397, 398. 263 

be more than one such child, such children in equal shares, 
during the time aforesaid. 

Section 2. Upon retirement of said Edward P. Connolly 
under this act, the Boston retirement board shall forthwith \ 

pay to him all amounts standing to his credit in the annuity 
savings fund of the State-Boston retirement system. 

Section 3. This act shall take full effect upon its ac- 
ceptance by vote of the city council of said city, subject to 
the provisions of its charter, but not otherwise. 

Approved May 26, 1956. 



Chap.S97 



An Act relative to real estate taxes assessed to a 
person other than the person appearing op record 
as the owner thereof. 

Be it enacted, etc., as follows: 

Section 11 of chapter 59 of the General Laws, as most re- g, l. (Xer. 
cently amended by chapter 175 of the acts of 1939, is hereby f ii.'eu;'., 
further amended by adding at the end the following para- amended.' 
graph : — 

Whenever the assessors of any town assess a tax on real Assessment 
estate to a person other than the person appearing of record, reaUsTate" 
in the records of the county, or of the district, if such county 
is divided into districts, where the estate lies, as owner on 
January first, such assessors shall, if the tax is a hen upon 
such real estate under section thirty-seven of chapter sixty, 
include in such assessment the name of the person so appear- 
ing of record without imposing upon him personal liability 
for the tax. Approved May 25, 1956. 

An Act authorizing the city of lynn to sell and con- C/ia».398 

VEY A CERTAIN PORTION OF LAND HELD BY IT FOR PLAY- 
GROUND PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn, by its proper authorities, 
may sell, transfer and convey to Mary C. Smith of Lynn 
six hundred and sixteen square feet of land, more or less, 
heretofore acquired by said city of Lynn for playground pur- 
poses, bounded and described as follows; northeasterly by 
other land of the city of Lynn a distance of thirty-nine and 
sixty-seven hundredths feet; southeasterly by land of R. M. 
Thompson a distance of eight and seventy-eight hundredths 
feet; southwesterly by land of M. C. Smith a distance of 
thirty-six feet; northwesterly by land of C. H. and I. S. 
Burckes a distance of twenty-five and forty-five hundredths 
feet; said above described parcel of land contains six hun- 
dred and sixteen square feet, more or less, and is shown on 
a plan entitled, "Plan of Land for Sale by City of Lynn", 
dated December fifteenth, nineteen hundred and fifty-three, 
signed by Frank E. Gowdy, City Engineer, and on file in the 
office of the city engineer. 



264 



Acts, 1956. — Chaps. 399, 400. 



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

Approved May 25, 1956. 



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



Projects 
subject to 
the control 
and super- 
vision of the 
director of 
building 
construction, 
defined. 



C/iap.399 An Act further defining projects subject to the con- 
trol AND SUPERVISION OF THE DIRECTOR OF BUILDING 

construction. 

Be it enacted, etc., as follows: 

Section 30A of chapter 7 of the General Laws, inserted by 
section 5 of chapter 612 of the acts of 1953, is hereby amended 
by striking out the second sentence and inserting in place 
thereof the following three sentences: — Such projects shall 
embrace each project, (1) which shall be financed in whole 
or in part by appropriation, bond issue or federal funds; 
(2) the estimated cost of which shall exceed ten thousand 
dollars; and (3) which shall be so undertaken for construc- 
tion of any building and appurtenant structures, facilities 
and utihties, including original equipment and furnishings 
thereof. Such projects shall also include any project the 
estimated cost of which shall exceed ten thousand dollars for 
the alteration, repair or addition to any existing building and 
appurtenant structure, facihty and utilitj"-, provided such 
alteration, repair or addition requires alteration of the struc- 
tural or mechanical design of the building, structure or 
utility, and provided, further, that original requests for such 
projects shall be made to the director. Such projects shall 
not include projects involving the ordinary repair or main- 
tenance of such buildings, structures or utilities not requir- 
ing structural or mechanical alterations, and responsibility 
for such repair or maintenance projects shall rest with the 
operating agency unless otherwise specified by the act in 
which funds for the project are appropriated. 

Approved May 25, 1956. 



ChapAOO An Act providing for an excise on certain farm ani- 
mals AND relative TO THE ASSESSMENT THEREOF. 



G. L. (Ter. 
Ed.), 59, § 5, 
amended. 



Certain 
animals and 
fowl exempt 
from taxation. 



G. L. (Ter. 
Ed.), 59, new 
§ 8A, added. 



Be it enacted, etc., as follows: 

Section 1. Section 5 of chapter 59 of the General Laws 
is hereby amended by striking out clause Twenty-first, as 
appearing in the Tercentenary Edition, and inserting in 
place thereof the following clause: — 

Twenty-first, Mules, horses and neat cattle less than one 
year old, swine, sheep and goats less than six months old, 
domestic fowl not exceeding fifteen dollars in value, and all 
other mules, horses, neat cattle, swine, sheep, goats and do- 
mestic fowl subject to an excise imposed by section eight A. 

Section 2. Said chapter 59 is hereby further amended by 
inserting after section 8, under the heading excise tax on 



Acts, 1956. — Chap. 401. 265 



FARM ANIMALS, the following section: — Section 8 A. Any Excise tax 

' * ' '• ■• ■• on certain 

farm animals. 



person, not including a corporation, engaged principally in °"''«^'"*ain 



agriculture, who owns mules, horses, neat cattle, swine, sheep, 
goats or domestic fowl, which are not exempt under clause 
Twenty-first of section five, shall annually on or before March 
first, make a return on oath to the assessors of the town where 
such animals are located, setting forth the number and kind 
of each class of such animals owned by him on January first 
in each year. If the assessors are satisfied of the truth of the 
return, they shall assess such animals at the rate of five dol- 
lars per one thousand dollars of valuation, as determined by 
the state tax commission, of each class and kind of animal 
and such persons shall be otherwise exempt from taxation on 
this class of property under this chapter. 

If an owner, as described in the first paragraph, fails to 
make a return within the time provided therein, the assessors 
may abate a tax otherwise imposed by this chapter if he pro- 
vides the assessors with a reasonable excuse for failure to file 
such return as aforesaid, and if a return is filed on or before 
October thirty -first of the year to which the tax relates; but 
no abatement hereunder shall reduce the tax otherwise im- 
posed to an amount less than the sum of the excise imposed 
by this chapter plus fiifty per cent thereof. 

Approved May 25, 1966. 



An Act extending to certain civil defense volunteers ChaD 401 

THE PROVISIONS OF LAW APPLICABLE TO MUNICIPAL EM- 
PLOYEES FOR INDEMNIFICATION OF DAMAGES SUSTAINED 
THROUGH THE OPERATION OF PUBLICLY OWNED VEHICLES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 639 of the acts of 1950 is hereby 
amended bj'' inserting after section llA the following sec- 
tion: — Section IIB. The word ''employee" as used in 
clause (1) of section five of chapter forty and in section one 
hundred A of chapter forty-one of the General Laws, shall 
include, for the purposes of said sections, a person appointed 
under the provisions of paragraph (a) of section eleven of 
this act, while performing his properly assigned training or 
duties. 

Section 2. This act shall take full effect in a city upon 
its acceptance by vote of the city council, subject to the 
provisions of its charter, and in towns by vote at an annual 
town meeting, but not otherwise. 

Approved May 26, 1966. 



266 Acts, 1956. — Chap, 402. 

ChapA02 An Act providing for the establishment of a develop- 
ment AND INDUSTRIAL COMMISSION FOR THE COUNTY OF 
BERKSHIRE. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Berkshire county 
are hereby authorized to estabUsh a development and in- 
dustrial commission for the promotion and development of 
the industrial resources of said county. The commission 
shall conduct researches into industrial conditions and shall 
seek to co-ordinate the activities of unofficial bodies organized 
for said purposes, and may advertise, prepare, print and 
distribute books, maps, charts and pamphlets, and take any 
other action, which in its judgment will further the provi- 
sions for which it is created. The commission may appoint 
such clerks and other employees as it may require. 

The commission shall consist of the county commissioners 
and not less than five nor more than fifteen other members 
to be appointed by the county commissioners from various 
sections of the county. When the commission is first estab- 
lished, the terms of the members shall be for such length, 
not exceeding three years, and so arranged that the terms of 
approximately one-third of the members will expire each 
year, and their successors shall be appointed for terms of 
three years each. Any member of the commission so ap- 
pointed may be removed for cause by the county commis- 
sioners. A vacancy occurring otherwise than by expiration 
of term shall be filled for the unexpired term in the same 
manner as an original appointment. 

Section 2. The county commissioners may appropriate 
such sums as may be necessary for the operation of said 
development and industrial commission, but not exceeding 
in any one year one twentieth of one per cent of the property 
valuation of the county as established from time to time by 
the general court as the basis of apportionment for state and 
county taxes, but in no event to exceed the sum of eighty- 
five thousand dollars. 

Section 3. The state secretary shall cause to be placed 
on the official ballot to be used in the cities and towns in 
Berkshire county at the biennial state election in the year 
nineteen hundred and fifty-six the following question : — 
"Shall an Act passed by the General Court in the year 
nineteen hundred and fifty-six, entitled 'An Act providing 
for the estabhshment of a development and industrial com- 
mission for the county of Berkshire', be accepted?" If a 
majority of the votes cast in said county in answer to said 
question is in the affirmative, this act shall thereupon take 
full effect, but not otherwise. Approved May 25, 1956. 



Acts, 1956. — Chaps. 403, 404, 405. 267 

An Act regulating the installation, repair and main- ChapAOS 

TENANCE OF ELECTRICAL WIRING AND ELECTRICAL FIX- 
TURES USED FOR LIGHT, HEAT AND POWER PURPOSES. 

Be it enacted, etc., as follows: 

Section 3L of chapter 143 of the General Laws, inserted by g. l. (Ter. 
section 1 of chapter 617 of the acts of 1950, is hereby amended ^g^; etc', 
by adding at the end the following paragraph : — amended!' 

No person shall install for hire any electrical wiring or fix- installation, 
tures subject to this section without first or within five days orelectricai 
after completing the work giving notice to the inspector of wiring, etc., 
wires appointed pursuant to the provisions of section thirty- ^^^ ^*^ ' 
two of chapter one hundred and sixty-six. Any person fail- 
ing to give such notice shall be punished by a fine not ex- 
ceeding twenty dollars. Approved May 26, 1956. 



An Act further relating to the non-criminal dis- ChapA04: 

POSITION OF parking VIOLATIONS. 

Be it enacted, etc., as follows: 

The first paragraph of section 20A of chapter 90 of the o. l. (Ter. 
General Laws is hereby amended by striking out the last f 20A!etc., 
sentence, as most recently amended by section 1 of chap- amended. ' 
ter 751 of the acts of 1955, and inserting in place thereof the 
following sentence: — No other form of notice, except as Non-oriminai 
provided in this section, shall be given to the offender; and, o^paridng 
except in the city of Boston, no notification shall be attached -^-ioiations, 
to the vehicle involved except one which reads as follows: ^^^ 
— This tag has been attached because of a parking violation 
and must be returned by mail or personally to the pohce de- 
partment within four days filled in with your name, address 
and hcense number; if this notification is returned as di- 
rected, no further action will be taken against you unless 
this is a second or subsequent offence. 

Approved May 25, 1956. 



An Act relative to the use of voting precincts in the Chap. ^05 

TOWN of LEXINGTON IN FORMING REPRESENTATIVE DIS- 
TRICTS BASED ON THE NINETEEN HUNDRED AND FIFTY- 
FIVE ENUMERATION. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section 
nine A of chapter fifty-four of the General Laws, the forma- 
tion of representative districts based on the special enumera- 
tion of the legal voters in the town of Lexington on January 
first, nineteen hundred and fifty-five, shall be based on the 
six precincts into which the town was divided in December, 
nineteen hundred and fifty-five, by the board of selectmen 
acting under chapter two hundred and fifteen of the acts of 
nineteen hundred and twenty-nine. The town shall file 



268 



Acts, 1956. — Chap. 406. 



promptly with the state secretary a report of said special 
enumeration specifjdng the number of the inhabitants and 
of the legal voters in each of said six precincts. 
Section 2, This act shall take effect upon its passage. 

Approved May 28, 1966. 



ChapAOQ An Act authorizing the commissioner of administra- 
tion TO MAKE CERTAIN EXAMINATIONS OF THE BOOKS AND 
RECORDS OF HOSPITALS AND NON-PROFIT HOSPITAL SERVICE 
CORPORATIONS AND PROVIDING FOR THE SERVICES OF CER- 
TAIN AUDITORS OR ACCOUNTANTS IN CONNECTION THERE- 
WITH. 



Emergency 
preamble. 



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



Approval of 
rates of 
payments 
to hospitals. 



Examination 
of books 
and records 
of hospitals, 
etc. 



Whereas, The deferred operation of this act would tend to 
defeat its purpose which is, in part, to provide for the im- 
mediate appointment of certain personnel to assist in carry- 
ing out tlie provisions thereof, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preser- 
vation of the public convenience. 

Be it enacted., etc, as follows: 

Section 5 of chapter 176A of the General Laws is hereby 
amended by striking out the fourth paragraph, as amended 
by section 4 of chapter 636 of the acts of 1953, and inserting 
in place thereof the following two paragraphs : — 

All rates of payments to hospitals made by such corpora- 
tions, under such contracts, shall be approved in advance by 
the commissioner of administration, in this section called the 
commissioner. Any such approval may be withdrawn by 
the commissioner at any time. No rates of payment shall 
be approved, or their continuance be permitted, by the 
commissioner unless such rates reflect reasonable hospital 
costs or are based on charges made to the general pubhc, 
whichever is lower. The commissioner in determining reason- 
able cost shall give consideration to services provided by the 
hospital and the costs of comparable hospitals, and may 
give consideration to depreciation, amortization, interest, 
occupancy and individual services which are rendered for 
partial or no payment. The commissioner shall approve or 
disapprove rates under this section within a reasonable period 
of time. 

A hospital or non-profit hospital service corporation shall 
file with the commissioner, at his request, such data, statis- 
tics, schedules or information as he may reasonably require 
to enable him to approve or disapprove contracts with or 
rates of payments to hospitals. For the purpose of approv- 
ing, disapproving, or permitting the continuance of all rates 
of payment, under such contracts, the commissioner may 
require an examination of the books of account and statistical 
records of each hospital and non-profit hospital service cor- 
poration, and such examination shall be made under the 
direction and supervision of the director of the division of 
hospital costs and finances. The director may, with the 



Acts, 1956. — Chap. 407. 269 

approval of the commission on administration and finance, 
enter into an annual agreement with a non-profit hospital 
service corporation for the services of such auditors or ac- 
countants as may be required in any such examination; 
provided, that the entire costs of such salaries of auditors 
or accountants and necessary expenses connected therewith, 
including expenses of the director, shall be borne by said 
corporation. Expenses incurred in any such examination 
shall be treated as part of the cost of hospitalization by said 
corporation. Approved May 28, 1956. 

An Act authorizing the city of woburn to borrow (JIkit) 407 
money for the improvement of tidal and non-tidal 
rivers, streams, brooks, swamps, canals and other 
waterways within its jurisdiction. 

Be it enacted, etc., as follows: 

Section 1. The city of Woburn may, within a period 
of five years from the passage of this act, incur indebtedness 
in an amount not exceeding seven hundred and fifty thousand 
dollars for the improvement of tidal and non-tidal rivers, 
streams, brooks, swamps, canals, and other waterways within 
its jurisdiction and may issue bonds or notes therefor which 
shall bear on their face the words, Woburn Waterways Im- 
provement Loan, Act of 1956. Each authorized issue shall 
constitute a separate loan and such loans shall be payable 
in not more than fifteen years from their dates. Indebted- 
ness incurred under this act shall be in excess of the statu- , 
tory Hmit provided by chapter forty-four of the General 
Laws and shall, except as provided herein, be subject to the 
provisions of said chapter forty-four, provided, however, 
that no loan shall be authorized hereunder unless a sum 
not less than ten thousand dollars has been appropriated 
from available revenue funds or voted to be raised by taxa- 
tion for the same purposes. 

Section 2. Any moneys appropriated from available 
funds or by taxation or by borrowing, under the provisions 
of section one, shall be paid to the state treasurer and shall 
be expended by the state pubhc works department for the 
aforesaid purposes within the hmits of the city of Woburn, 
in which case the city may also assume fiability for all dam- 
ages to property suffered by any person by any taking of 
land or by any right, interest and easement therein within 
the city made by said department of pubhc works for the 
purposes hereinbefore authorized. 

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

Approved Maij 28, 1966. 



270 Acts, 1956. — Chaps. 408, 409, 410, 411. 



ChapAOS An Act increasing the penalty for certain armed 

ASSAULTS in DWELLING HOUSES. 

Be it enacted, etc., as follows: 

Ed ^265^'^' Chapter 265 of the General Laws is hereby amended by 

new'sisA, inserting after section 18 the following section: — Section 
Penlityfor -^^^- Whoever, being armed with a dangerous weapon, 
certain armed entcrs a dwelling house and while therein assaults another 
assa ts. ^^j^ intent to rob or murder, shall be punished by imprison- 

ment in the state prison for life, or for any term of years. 

Approved May 28, 1966. 



ChapA09 An Act extending the time for the withdrawal of 

additional deductions paid into the annuity SAV- 
INGS FUND OF CONTRIBUTORY RETIREMENT SYSTEMS. 

Be it enacted, etc., as follows: 

Section 2 of chapter 656 of the acts of 1954 is hereby 
amended by striking out, in line 6, the word "fifty-five" and 
inserting in place thereof the word : — fifty-seven, — so as 
to read as follows : — Section 2. Withdrawal of additional 
deductions under paragraph {g) of subdivision (1) of section 
twenty-two of chapter thirty-two of the General Laws, as 
amended by section one, shall be made upon written appli- 
cation to the board made prior to January first, nineteen 
hundred and fifty-seven. Approved May 28, 1956. 



Chap.4ilO An Act relative to the issuance in certain cases of 

DUPLICATE CERTIFICATES, WITHOUT FEE THEREFOR, BY THE 
BOARD OF REGISTRATION OF HAIRDRESSERS. 

Be it enacted, etc., as follows: 

G.h. (Ter. Clausc (3) of section 88 of chapter 1 12 of the General Laws, 

§ 88,' etc.,' as appearing in section 13 of chapter 626 of the acts of 1941, 
is hereby amended by adding after the word "dollar", in 



amended. 



Duplicate ijne 6, the words : — ; provided, however, that if the original 
certificate of registration issued under said sections has been 
lost or destroyed by fire, flood or hurricane, a duplicate cer- 
tificate of registration may be issued for the unexpired term 
without fee. Approved May 28, 1966. 



Chap. All An Act providing that a certain physical condition or 

DISEASE RESULTING IN DEATH SHALL BE PRESUMED TO 
HAVE BEEN SUFFERED IN LINE OF DUTY, WITH REFERENCE 
TO THE ACCIDENTAL DISABILITY RETIREMENT LAW. 

Be it enacted, etc., as follows: 

G. L. (Ter. Sectiou 94 of chapter 32 of the General Laws, as amended 

f 94,' et^o'.. by chapter 594 of the acts of 1951, is hereby further amended 
amended.' by inserting after the word "disability", in line 5, the words: 



Acts, 1956. — Chap. 412. 271 

— or death, — so as to read as follows : — Section 94- Not- ^^'".'^^'^ 
withstanding the provisions of any general or special law to condition 
the contrary affecting the non-contributory or contributory "t/'p^re-^' 
system, any condition of impairment of health caused by sum'ed to 
hypertension or heart disease resulting in total or partial sufferedln 
disabihty or death to a uniformed member of a paid fire ^'"'' °^ '^^*^- 
department or permanent member of a police department, 
or of the police force of the metropolitan district commis- 
sion, or of the state pohce in the department of pubhc safety, 
or of the capitol poUce, or of the public works building police, 
who successfully passed a physical examination on entry into 
such service, which examination failed to reveal any evi- 
dence of such condition, shall be presumed to have been 
suffered in line of duty, unless the contrary be shown by 
competent evidence. Approved May 28, 1966. 



An Act to extend the period within which cities and ChavA12 

TOWNS MAY borrow IN ANTICIPATION OF REIMBURSEMENT 
BY THE COMMONWEALTH OR COUNTY, OR BOTH, IN CER- 
TAIN INSTANCES. 

Whereas, The deferred operation of this act would tend Emergency 
to defeat its purpose, which is to grant forthwith authority ^^^"""^ 
to cities and towns to renew for a further period of one year 
any note or notes issued by them in anticipation of reim- 
bursement by the commonwealth or county, or both, in 
order to prevent undue hardship and financial burdens to 
said cities and towns, therefore it is hereby declared to be 
an emergency law necessary for the immediate preserva- 
tion of the pubhc convenience. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the limitation of time 
within which notes may be issued under the provisions of 
section six A of chapter forty-four of the General Laws in 
anticipation of reimbursement by the commonwealth or 
county, or both, for the purpose of constructing or repair- 
ing a highway, any city or town which has issued during the 
year nineteen hundred and fifty-five any note or notes 
under the provisions of said section six A may renew said 
note or notes for a further period not exceeding one year. 

Section 2. The provisions of section seventeen of chap- 
ter forty-four of the General Laws shall apply to any note 
or notes issued under authority of section one of this act. 

Approved May 29, 1966. 



272 Acts, 1956. — Chaps. 413, 414. 

ChapAlS An Act authorizing regional district school commit- 
tees IN THE COMMONWEALTH TO ACCEPT AND DISBURSE 
FEDERAL FUNDS TO ALLEVIATE INCREASED BURDENS 
PLACED ON SAID COMMITTEES AS A RESULT OF FEDERAL 
ACTIVITIES. 

Be it enacted, etc., as follows: 

Chapter 621 of the acts of 1953 is hereby amended by 
striking out sections 1 and 2 and inserting in place thereof 
the following two sections: — Section 1. Cities, towns and 
regional school districts of the commonwealth are hereby 
authorized to provide in co-operation with the federal gov- 
ernment educational facilities for a child or children residing 
with his parent or legal guardian at a federal housing project 
or at any place within a United States government reserva- 
tion, or residing with such parent or legal guardian working 
on or within a government reservation, and to accept funds 
provided by the federal government for the education of such 
children, and to disburse the same for current expenditures 
of its school system in furnishing free public education to 
such children conformably to the provisions of Pubhc Law 
874 of the 81st Congress and any amendments thereof or 
additions thereto, and in compliance with the laws of the 
commonwealth and pertinent rules and regulations of the 
state board of education and of the school committees of the 
participating cities, towns and regional school districts. 

Section 2. Any amounts received from the federal gov- 
ernment by the school committee of a city, town or regional 
school district, pursuant to the provisions of said Public 
Law 874, shall be deposited with the treasurer of such city, 
town or regional school district and held as a separate ac- 
count, and expended by said school committee without 
further appropriation, notwithstanding the provisions of sec- 
tion fifty-three of chapter forty-four of the General Laws. 

Approved May 29, 1966. 

ChavA14: An Act providing that certain provisions of contribu- 
tory RETIREMENT LAWS RELATING TO CREDITABLE SERV- 
ICE BE MADE RETROACTIVE. 

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

defeat its purpose, which is to provide for certain provisions 
of the contributory retirement law to be made retroactive 
immediately, 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: 

Paragraph (/) of subdivision (6) of section three of chapter 
thirty-two of the General Laws, as most recently amended 
by chapter five hundred and sixty of the acts of nineteen 
hundred and fifty-five, is hereby made applicable to any 
employee who last terminated his service in any political 



Acts, 1956. — Chap. 415. 273 

subdivision of the commonwealth before a contributory re- 
tirement system established under the provisions of said 
chapter thirty-two or under corresponding provisions of 
earher laws or under any special law, became operative in 
such poUtical subdivision and who was reinstated to or who 
re-entered the active service of such pohtical subdivision 
after such a system became operative therein and who was 
employed therein on the effective date of said chapter five 
hundred and sixty of the acts of nineteen hundred and 
fifty-five. Approved May SI, 1956. 

An Act relative to increasing the amounts of pensions, ChavAlb 

RETIREMENT ALLOWANCES AND ANNUITIES PAYABLE TO 
CERTAIN FORMER PUBLIC EMPLOYEES. 

Whereas, The deferred operation of this act would tend ^^l^^^^ 
to defeat its purpose which is to provide forthwith for the 
clarification of an act increasing the amounts of pensions, 
retirement allowances and annuities payable to certain 
former public employees, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preservation 
of the pubhc welfare and convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 670 of the acts of 1955 
is hereby amended by striking out, in lines 4 to 8, inclusive, 
the words "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 common- 
wealth or any of its pohtical subdivisions, including teachers 
who at the time of their" and inserting in place thereof the 
words : — , including a teacher, 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 political subdivisions and 
who at the time of such, — so as to read as follows : — Sec- 
tion 1. The annual amount of every pension, retirement 
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 a teacher, 
who was separated from the service prior to April first, 
nineteen hundred and fifty-one, whose sole or principal em- 
ployment was in the service of the commonwealth or any of 
its pohtical subdivisions and who at the time of such retire- 
ment 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 (gr) 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 



274 Acts, 1956. — Chap. 416. 

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 sub- 
divisions who was separated from the service by superannu- 
ation retirement, and at the time of such retirement had at- 
tained age sixty and had at least twenty-five years of credit- 
able service, is less than fourteen hundred dollars, exclusive 
of any additional annuity obtained by special purchase, it 
shall be increased to fourteen hundred dollars, and if the 
total annual amount of any such pension, retirement allow- 
ance or annuity as so increased, payable to any former em- 
ployee, 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 superan- 
nuation 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 
purchase, it shall be increased to seventeen hundred dollars. 
Section 2. No increase granted under section one of 
chapter six hundred and seventy of the acts of nineteen 
hundred and fifty-five, as in effect prior to the effective date 
of this act, with respect to pensions, retirement allowances 
or annuities payable 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, and whose sole or principal employ- 
ment was in the service of the commonwealth or any of its 
political subdivisions, shall be payable unless such former 
employee at the time of his retirement had attained age 
sixty and had at least twenty years of creditable service. 

Approved May SI, 1956. 



ChapAlQ An Act placing the office of chief of police of the 

TOWN OF EDGARTOWN UNDER THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1. The ofl&ce of chief of police of the town of 
Edgartown shall be subject to the civil service laws and rules 
relating to poHce ofiicers in towns, and the tenure of oflBice of 
any incumbent thereof shall be unlimited, subject, however, 
to the said laws and rules, but the person holding said ofl&ce 
on the effective date of this act shall continue to serve therein 
only to the expiration of his term of ofl&ce unless prior thereto 
he passes a qualifying examination to which he shall be 
subjected by the division of civil service. 

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

Approved May SI, 1966. 



Acts, 1956. — Chaps. 417, 418. 275 

An Act relative to the investment of certain retire- Chap AVI 

MENT SYSTEM FUNDS. 

Be it enacted, etc., as follows: 

Paragraph (b) of subdivision (2) of section 23 of chapter 32 gjVJJ®'- 
of the General Laws is hereby amended by striking out §23,' etc., 
clause (i), as appearing in section 1 of chapter 658 of the »'"^°'i«'^- 
acts of 1945, and inserting in place thereof the followng 
clause : — 

(i) In securities, other than mortgages or collateral loans, investment 
which are legal for the investment of funds of savings banks retirement 
under the laws of the commonwealth; provided that: — system funds. 

(A) Not more than twenty per cent of the assets of any 
such system shall be invested in railroad obhgations, nor 
shall more than two per cent of the said assets be invested 
in the obligations of any one operating railroad corporation, 
including its direct and assumed obligations and including 
also the obhgations of lessor raihoad corporations which de- 
rive seventy-five per cent or more of their income from 
leases of their railroads to said operating railroad corporation. 

(B) Not more than twenty per cent of the assets of any 
such system shall be invested in the bonds of telephone 
companies, nor shall more than two per cent of such assets 
be invested in the bonds of any one telephone company. 

(C) Not more than thirty per cent of the assets of any 
such system shall be invested in the bonds of public service 
companies, nor shall more than two per cent of such assets 
be invested in the bonds of any one such corporation. 

(D) Not more than five per cent of the assets of any such 
system shall be invested in obhgations made eUgible for in- 
vestment by savings banks under the provisions of section 
fifty of chapter one hundred and sixty-eight, nor shall more 
than one half of one per cent of such assets be invested in 
the obhgations of any one obhgor so made ehgible for in- 
vestment. 

(E) Not more than ten per cent of the assets of any such 
system shall be invested in bank stocks and insurance com- 
panies stocks, nor shall more than one per cent of such assets 
be invested in the stock of any one bank or insurance com- 
pany. Approved May SI, 1956. 

An Act relative to make-up payments in the contrib- QhavAlS 

UTORY retirement SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (d) of subdivision (6) of section 3 S.^iJ'^'"- 
of chapter 32 of the General Laws, as most recently amended § 3', ko.', 
by section 4 of chapter 695 of the acts of 1955, is hereby amended. 
further amended by inserting after the second sentence the 
following sentence : — A member who did not, at the earhest Make-up 
opportunity, either return in one sum the permitted make-up Tn thf c^- 
payment, or provide for such repayment in installments, and J^t^^ent 

eystem. 



276 Acts, 1956. — Chaps. 419, 420. 

whose membership was contingent on such payment either 
in one sum or his making provision for the payment thereof 
in installments, may, during the period permitted for such 
payment, also pay as an additional make-up payment the 
deductions omitted from the date when the make-up pay- 
ment for previous membership could first have been paid, 
with regular interest. 
Ed^'sJl's Section 2. Paragraph (6) of subdivision (8) of said sec- 

etc!, 'further ' tiou 3 of Said chapter 32, as most recently amended by sec- 
amen e . ^-^^^ ^ ^£ ^^^^ chapter 695, is hereby further amended by 

inserting after the second sentence the following sentence: — 
Same subject. ^ member who did not, at the earliest opportunity, either 
return in one sum the permitted make-up payment, or pro- 
vide for such repayment in installments, and whose member- 
ship was contingent on such payment either in one sum or 
his making provision for the payment thereof in installments, 
may, during the period permitted for such payment, also 
pay as an additional make-up payment the deductions 
omitted from the date when the make-up payment for pre- 
vious membership could first have been paid, with regular 
interest. Approved May 31, 1956. 



ChapA19 An Act establishing the positions of chief engineer, 

FIRST assistant ENGINEER AND SECOND ASSISTANT ENGI- 
NEER IN THE ONSET FIRE DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of any gen- 
eral or special law to the contrary, the Onset Fire District, 
at the first annual meeting following the acceptance of this 
act, shall choose a chief engineer, who shall serve for a terra 
of three years, a first assistant engineer, who shall serve for 
a term of two years, and a second assistant engineer who 
shall serve for a term of one year. When the term of any of 
said officers shall expire, his successor shall be chosen to 
serve for a term of three years. Each of said officers shall 
serve until a successor is chosen and quafified. If a vacancy 
occurs in any of said positions, the district shall choose a 
successor for the unexpired terra. 

Section 2. This act shall take full effect upon its accept- 
ance by the voters of the Onset Fire District at a meeting 
duly called for the purpose. Approved May 31, 1956. 



Chap. 4:20 An Act relative to permits for the netting of certain 

FISH in the INLAND WATERS OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

g^L.(Ter. Chapter 131 of the General Laws is hereby amended by 

new §41 A. inserting after section 41, as appearing in section 2 of chap- 
added, ^gj. 599 ^^ ^}jg ^(3^g q£ 194j^ ^jjg following section : — aScc- 

tion 4IA. Notwithstanding the provisions of section forty- 



Acts, 1956. — Chaps. 421, 422. 277 

one or of any other provision of this chapter, the director Permits for 
may issue permits upon the receipt of a fee of ten dollars, t(%eTt&in^ 
for the netting of carp and those species of fish commonly S'^h. 
known as "suckers" for the purpose of sale, and shall, sub- 
ject to the approval of the fish and game board, make such 
rules and regulations governing the size and type of nets, 
method and place of taking, as he may deem necessary or 
expedient. AH such permits shall be issued on a calendar 
year basis and may be revoked by the director for cause. 

Approved May 31, 1966. 

An Act providing for compensation for members of the ChavA21 

BOARD OF ALDERMEN OF THE CITY OF HOLYOKE. 

Be it enacted, etc., as follows: 

Section 1. Each member of the board of aldermen of 
the city of Holyoke shall receive as compensation for his 
ser\nce as a member of the board of aldermen such amount 
as may be established by ordinance, not to exceed five hun- 
dred dollars per year. 

Section 2. So much of chapter four hundred and thirty- 
eight of the acts of eighteen hundred and ninety-six, and 
acts in amendment thereof and in addition thereto, as is in- 
consistent with this act, is hereby repealed. 

Section 3. This act shall be submitted for acceptance to 
the qualified voters of the city of Holyoke at the biennial 
state 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 at said election: — "Shall an 
act passed by the General Court in the year nineteen hun- 
dred and fifty-six, entitled 'An Act providing for compen- 
sation for members of the board of aldermen of the city of 
Holyoke', be accepted?" If a majority of the votes cast in 
answer to said question is in the affirmative, this act shall 
take full effect, but not otherwise. 

Approved May 81, 1966. 

An Act enlarging the general powers and duties of C/lo.p.422 

CONTRIBUTORY RETIREMENT BOARDS AND THE CONTRIBU- 
TORY RETIREMENT APPEAL BOARD. 

Be it enacted, etc., as follows: 

Section 1. Subdivision (4) of section 16 of chapter 32 of icn'sJ*"^' 
the General Laws, as amended by section 8 of chapter 618 of § le.'erc'., 
the acts of 1949, is hereby further amended by adding at ^'"''"'^^'^• 
the end the following paragraph : — 

The contributory retirement appeal board shall have the Powers and 
power to subpoena witnesses, administer oaths and examine contrLu^tory 
such parts of the books and records of the parties to a pro- ap*'eTboard 
ceeding as relate to questions in dispute. Fees for such wit- enlarged. ' 
nesses shall be the same as for witnesses before the courts 
in ci\'il actions, and shall be paid from the appropriation 
fund of the contributory retirement appeal board. 



278 Acts, 1956. — Chaps. 423, 424. 

gji^.^Ter. Section 2. Paragraph (b) of subdivision (5) of section 20 

§20.' etc., of said chapter 32, as appearing in section 1 of chapter 658 

amended. ^^ ^^^ ^^^^ ^^ 1945, is hereby amended by adding at the end 

Powers^and ^^g following two scntenccs : — Any such board shall have 

contributory the power to take evidence, subpoena witnesses, administer 

wd"\"n- oaths and examine such parts of the books and records of 

larged.' ^he parties to a proceeding as relate to questions in dispute. 

Fees for such witnesses shall be the same as for witnesses 

before the courts in civil actions, and shall be paid from the 

expense fund of such system. Approved May 31, 1956. 

ChapA2S An Act relative to the salaries of a certain justice 
OF the superior court and a judge of probate and 
insolvency. 

Be it enacted, etc., asfollmos: 

Section 1. Notwithstanding the provisions of section 
four of chapter seven hundred and thirty-three of the acts 
of nineteen hundred and Mty-five, the justices of the superior 
court who were appointed to said office between the first 
day of October, nineteen hundred and fifty-five and the 
thirty-first day of January, nineteen hundred and fifty-six, 
both dates inclusive, shall receive such salary as is provided 
by section twenty-seven of chapter two hundred and twelve 
of the General Laws, as most recently amended by section 
two of chapter seven hundred and thirty-three of the acts 
of nineteen hundred and fifty-five. 

Section 2. Notwithstanding the provisions of section 
four of chapter seven hundred and thirty-three of the acts 
of nineteen hundred and fifty-five, the judge of probate, 
appointed to fill the vacancy in the probate court for Hamp- 
den county, shall receive such salary as is provided by sec- 
tion thirty-four of chapter two hundred and seventeen of the 
General Laws. 

Section 3. This act shall take effect as of January first, 
nineteen hundred and fifty-six. Approved May 81, 1966. 

Cha'p.424i An Act relative to annuities of dependents of munici- 
pal public employees who suffered death in per- 
formance OF duty. 

Be it enacted, etc., as follows: 

g^L.gCTer. Scctiou 89A of chapter 32 of the General Laws is hereby 

§89A, etc.. amended by inserting after the second paragraph, as ap- 
amended. peaHug iu chapter 552 of the acts of 1948, the following 

paragraph : — 
S^dicaf •'■^ *^^ ^^^ °^ ^ ^^^y employee, within thirty days after 

report^ receiving a medical report on such employee from the medi- 

cal board the mayor shall file said report with or without 
recommendations to the city council, and they shall act 
thereon within sixty days. Approved June 4, 1956. 



Acts, 1956. — Chaps. 425, 426. 279 



An Act authorizing transfer of a certain parcel of ChapA25 

LAND FROM THE DEPARTMENT OF PUBLIC WORKS TO THE 
DEPARTMENT OF PUBLIC SAFETY. 

Be it enacted, etc., as follows: 

Section 1. The department of public works is hereby 
authorized and directed to transfer to the department of 
public safety a certain parcel of land in the city of Leominster 
located on the southerly side of Route 2 within the lobe of 
the ramp in the vicinity of Mill street and Hawes street, 
bounded and described as follows : — Northeasterly by the 
southwesterly location line of the Concord to Westminster 
Highway (Route 2) 414.90'; southeasterly, southerly and 
southwesterly by the curved location line of the ramp lead- 
ing from Route 2 to Hawes street 528.83'; northerly by 
land of the Estate of George Chute 87.69'; westerly by the 
rear lands of the property of the Estate of George Chute 
and Catherine Gilhs 222.35'; again westerly and south- 
westerly by the rear Une of the property of Agnes C. Mark- 
ham 135.33'; southerly by the land of Agnes C. Markham 
113.38'; again westerly by the location hne of Hawes street 
104.91' and northwesterly by the southeasterly location line 
of the Concord to Westminster Highway (Route 2) 97.93' 
containing about 1.83 acres. 

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

Approved June 4, 1966. 



An Act providing for the transfer to a district court (JJiart 426 

FROM THE SUPERIOR COURT OF CERTAIN ACTIONS ARISING 
OUT OF THE OWNERSHIP, OPERATION, MAINTENANCE, CON- 
TROL OR USE OF MOTOR VEHICLES. 

Whereas, The deferred operation of this act would tend p™ambie*'*' 
to defeat its purpose, which is to provide immediately for 
the transfer to a district court from the superior court of 
certain actions arising out of the ownership, operation, 
maintenance, control or use of motor vehicles, therefore it 
is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section nineteen of 
chapter two hundred and eighteen of the General Laws, any 
action of tort arising out of the ownership, operation, main- 
tenance, control or use of a motor vehicle commenced after 
the first day of October, nineteen hundred and fifty-four 
and entered by mistake in the superior court, and which 
should have been commenced in a district court, may, upon 
motion by the plaintiff and notice to the defendant be trans- 
ferred by the superior court to an appropriate district court, 
jurisdiction being hereby given to the superior court to hear 
such motions, and said action shall proceed as though origi- 



280 Acts, 1956. — Chaps. 427, 428. 

nally entered in said district court at the time of entry in 
the superior court, except as hereinafter pro\dded. For 
purpose of removal only, under section one hundred and 
two B of chapter two hundred and thirty-one of the General 
Laws, said action may be deemed to be entered as of the 
second return day, in said district court, follo^ving the date 
the said cause and papers therein were transmitted to said 
district court from the superior court. Wlienever such 
action is so transferred the plaintiff shall pay to the clerk 
of the district court the proper entry fee. 

Approved June 4, 1956. 



ChapA27 An Act authorizing and directing the department of 

EDUCATION TO PURCHASE CERTAIN LAND IN THE CITY OF 
LOWELL. 

Be it enacted, etc, as follows: 

The department of education is hereby authorized and 
directed to purchase for a sum not to exceed one hundred 
thousand dollars a certain parcel of land with the buildings 
thereon, owned by the Grey Nuns of the Cross, located in 
the city of Lowell, and bounded and described as follows: — 
Beginning on the southerly side of Pawtucket Street, at the 
northeasterly corner of the premises at a stone bound in the 
middle of Rolfe Street; thence on Pawtucket Street south- 
westerly 26.14 feet to a stone bound on the westerly side of 
Rolfe Street; thence on Pawtucket Street southwesterly 
494.54 feet to a stone bound; thence southwesterly on Paw- 
tucket Street 569.77 feet to a point on the southerly side of 
Pawtucket Street; thence easterly in a straight line 74L44 
feet to the center of Rolfe Street; thence northwesterly 
along the middle of Rolfe Street 764.5 feet to the point of 
beginning, and containing 7.28 acres, more or less. 

Approved June 5, 1956. 

ChapA28 An Act to further regulate the physical examination 

OF school children. 

Be it enacted, etc., as follows: 

BdYn'^^' Section 57 of chapter 71 of the General Laws is hereby 

§'57,' etc., amended by striking out the second sentence, as amended 
amended. j^^, q^^-^^qj. gg^ ^f {j^g ^g^g Qf 1955^ and inserting in place 

riimiMtion thereof the following sentence; — Tests of sight and hearing 
of school shall be performed by teachers, physicians, optometrists, 

regulated. uurscs or othcr personnel who are approved by the depart- 
ment of public health for this purpose, and the examination 
of feet shall be made by the school physicians or by chirop- 
odists (podiatrists), in accordance with regulations set up by 
the department. Approved June 5, 1956. 



Acts, 1956. — Chaps. 429, 430. 281 

An Act authorizing the city of malden to pay an QJidrf 429 

ANNUITY TO THE WIDOW OF THE LATE SWANSEY BANKS. ^' 

Be it enacted, etc., as follows: 

Section 1. In recognition of long and meritorious service 
and for the purpose of promoting the public good, the city 
of Maiden may, notwithstanding the provisions of any 
general or special law, appropriate and pay an annual 
pension to Laura Banks, widow of the late Swansey Banks, 
in the amount of one thousand six hundred and sixty-two 
dollars and forty cents, payable in equal monthly in- 
stalments. 

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

Approved June 7, 1956. 

An Act further defining the words "disabled vet- (JJku) 430 
eran" in relation to eligibility for civil service 
appointment and relative to rights under civil serv- 
ice of widows and widowed mothers of deceased 
veterans. 

Be it enacted, etc., cls follows: 

Section 1. Chapter 31 of the General Laws is hereby g. l. (Ter. 
amended by striking out sections 23A and 23B, as appear- §^5^2^^|^23b 
ing in section 6 of chapter 627 of the acts of 1954, and in- etc., amended. 
serting in place thereof the following two sections : — ■ Sec- 
tion 23 A. "Disabled veteran", as used in this chapter, -Disabled 
shall mean any veteran, as defined in section twenty-one or "jg^Jglf^r 
twenty-one A, who has a continuing disabihty at the time of purposes of 
application for appointment, and who presents a certificate employment. 
of any physician, approved by the director, that his dis- 
abihty is not such as to prevent the efficient performance of 
the duties of the position to which he is ehgible; and who 
(1) shall present proof satisfactory to the director that such 
disabihty is a service-incurred disability of not less than ten 
per cent based on wartime service for which he is receiving 
compensation, or is entitled to receive compensation for not 
less than ten per cent disability based on wartime service 
from the Veterans' Administration; or who (2) has been re- 
tired by the armed forces for such permanent physical dis- 
ability, incurred by wartime service for which he is receiv- 
ing retirement allowance or is entitled to receive retirement 
allowance for not less than ten per cent disability based on 
wartime service from any branch of the armed forces. 

The term "wartime service" as used in this section and in 
sections twenty-three B and twenty-four shall also include 
service in the armed forces of the United States between 
January first, nineteen hundred and forty-seven and June 
twenty-fourth, nineteen hundred and fifty. 

Section 23B. The widow or widowed mother of a veteran Preference to 
who was killed in action or died from service-connected dis- ^iao^ed"' 
ability incurred in wartime service, upon presenting proof mothers of 

granted. 



282 



Acts, 1956. — Chaps. 431, 432, 433. 



from official sources, of such facts, satisfactory to the director, 
and that she has not remarried, shall be entitled to the pref- 
erence provided under section twenty-three. 

Section 2. The provisions of sections twenty-three A 
and twenty-three B of chapter thirty-one of the General 
Laws, as amended by section one of this act, shall apply to 
all civil service eligible Usts in existence on the effective date 
of this act, in accordance with civil service laws and rules 
applicable thereto. Approved June 7, 1956. 



ChapASl An Act to require cities and towns to shore trenches 

ON CONSTRUCTION PROJECTS. 



G. L. (Ter. 
Ed.), 149, 
§ 129A. etc., 
amended. 

Cities and 
towns required 
to shore cer- 
tain trenches 
on construc- 
tion projects. 



Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by 
striking out section 129A, inserted by chapter 305 of the 
acts of 1949, and inserting in place thereof the following 
section: — Section 129 A. On any construction project car- 
ried on by any city, town, county or other subdivision of 
the commonwealth in which a trench is to be dug to a 
depth of five feet or more, except a trench for laying of water 
pipes dug to a depth of six and one-half feet which will be 
open less than forty-eight hours, such trench shall be shored 
and braced in conformity with the rules and regulations for 
the prevention of accidents in construction operations, as 
adopted and enforced by the department. This section 
shall not apply to the digging of graves. 

Approved June 7, 1956. 



Chap. 4:32 An Act increasing the number of assistant clerks of 

COURTS FOR THE COUNTY OF PLYMOUTH. 



G. L. (Ter. 
Ed.), 221, 
§ 6, etc., 
amended. 



Second 
assistant 
clerk of courts 
for Plymouth 
county. 



Be it enacted, etc., as follows: 

Section 1. Section 5 of chapter 221 of the General Laws 
is hereby amended by inserting after the fifth paragraph, as 
amended by chapter 228 of the acts of 1951, the following 
paragraph : — 

Plymouth, subject to approval of a justice of the supreme 
judicial or superior court, a second assistant clerk. 

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

Approved June 11, 1956. 



C/iap.433 An Act authorizing the town of natick to pay certain 

MEDICAL BILLS OF JOHN P. DALEY, A DECEASED EMPLOYEE 
OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 
gation, the town of Natick may appropriate and pay the 
sum of eight hundred and five dollars and ninety-seven 
cents to the legal representative of the estate of John P. 



Acts, 1956. — Chaps. 434, 435, 436. 283 

Daley for medical expenses incurred on account of injuries 
received by the said John P. Daley in the performance of 
his duty as an employee of the pubhc works department of 
said town, from which injuries he subsequently died. 
Section 2. This act shall take effect upon its passage. 

Approved June 11, 1956. 



An Act providing for a higher minimum salary for ChavAZ4: 

PUBLIC SCHOOL TEACHERS. 

Be it enacted, etc,, as follows: 

Section 40 of chapter 71 of the General Laws is hereby g. l. (Ter. 
amended by striking out the first sentence, as most recently fio.'Jtc'., 
amended by chapter 69 of the acts of 1952, and inserting in amended. 
place thereof the following sentence : — The compensation Minimum 
of every teacher employed in any public day school in the public school 
commonwealth, except persons in training and those em- teachers. 
ployed as temporary substitutes, shall be at a rate of not less 
than three thousand dollars for the school year. 

Approved June 11, 1956. 



An Act relative to the procuring of portraits of the Chav. 4:35 
governors of the commonwealth. 

Be it enacted^ etc., as follows: 

Chapter 8 of the General Laws is hereby amended by g. l. (Ter. 
striking out section 19, as appearing in the Tercentenary Amended! ^^' 
Edition, and inserting in place thereof the following section : — 
Section 19. The governor, with the advice and consent of ^°^^emojg°^ 
the council, may expend, for the purpose of procuring por- of the 
traits of the governors of the commonwealth who shall have «°'"'»'>°^'^^i^^- 
held office subsequent to May fourth, nineteen hundred, such 
amounts as are appropriated for the purpose, and such por- 
traits shall be hung in the state house under the direction of 
the art commission. Approved June 11, 1956. 



An Act relative to the supervision of the massa- (7/iap.436 

CHUSETTS hospital SCHOOL. 

Be it enacted, etc., as follows: 

Section 1. Section 6 of chapter 121 of the General Laws, g. l. (Ter. 
as most recently amended by section 25 of chapter 310 of f e/etc^,^' 
the acts of 1948, is hereby further amended by striking out, amended. 
in hne 3, the words "and the Massachusetts hospital school", 
— so as to read as follows: — Section 6. The department f^^^/^klb^ir 
shall have general supervision of the Tewksbury state hos- state hospital 
pital and infirmary; and may delegate any of its powers and ''"'^ infirmary. 
duties to and execute any of its functions by agents ap- 
pointed for the purpose. 

Section 2. Section 10 of chapter 18 of the General Laws, Sj^- jP|io 
as appearing in the Tercentenary Edition, is hereby repealed, repealed'. ' 



284 



Acts, 1956. — Chaps. 437, 438. 



G. L. (Ter. 
Ed.), Ill, 
new § 3A, 
added. 
Board of 
trustees of 
Massachusetts 
hospital 
school. 



Section 3. Chapter 111 of the General Laws is hereby- 
amended by inserting after section 3 the following section : — 
Section 3 A. There shall be a board of trustees, to be known 
as the board of trustees of the Massachusetts hospital school, 
serving in the department and consisting of five persons. 
The governor, with the advice and consent of the council, 
shall annually appoint a member of the board, who shall serve 
for five years beginning on the first Monday in December in 
the year of his appointment and until his successor is qualified. 

Section 4. The incumbent trustees of the Massachusetts 
hospital school shaU continue to serve until the expiration of 
their present terms. Approved June 11, 1956. 



ChapAS7 An Act relative to the teaching of apprenticeable 

TRADES in trade SCHOOLS. 

Be it enacted, etc., as follows: 

Section 21 A of chapter 93 of the General Laws, as most 
recently amended by section 2 of chapter 371 of the acts of 
1955, is hereby further amended by adding at the end the 
following paragraph: — 

In the licensing of new schools or the acceptance of new 
courses, the requirements with respect to courses of instruc- 
tion in the apprenticeable skilled trades shall be determined 
by the board of education with the advice of the department of 
labor and industries. Approved June 11, 1956. 



G. L. (Ter. 
Ed.), 93, 
§ 21A, etc., 
amended. 



Teaching of 
apprenticeable 
trades in 
trade schools. 



C/?a7?.438 -^^ Act placing certain positions at the Massachu- 
setts CORRECTIONAL INSTITUTION, FRAMINGHAM, UNDER 
CIVIL SERVICE, AND PROTECTING THE RIGHTS OF INCUM- 
BENTS OF SUCH POSITIONS. 

Be il enacted, etc., as follows: 

Section 1. Section 4 of chapter 31 of the General Laws, 
as most recently amended by chapter 294 of the acts of 
1956, is hereby further amended by adding at the end the 
following paragraph : — 

All offices and positions of the Massachusetts Correc- 
tional Institution, Framingham, except those specifically 
exempted by law and qualified physicians and registered 
nurses. 

Section 2. Any incumbent upon the effective date of 
this act of an office or position referred to in section one 
made subject, by the provisions thereof, to^the civil service 
laws and rules, shall be entitled to be appointed to said 
office or position under said laws and rules, upon passing a 
qualifying examination, if it is deemed by the director of 
civil service that such an examination should be given, other- 
wise upon certification by the director; but any incumbent 
upon said date of any such position who fails to pass any 
such qualifying examination may be continued by the ap- 



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



Certain posi- 
tions placed 
under civil 
service. 



Rights of 

incumbents, 

protected. 



Acts, 1956. — Chaps. 439, 440. 285 

pointing authority in such office or position for the remainder 
of the term, if any, for which he was appointed, but shall 
not otherwise be subject to the provisions of the civil serv- 
ice laws and rules. Approved June 11, 1956. 



An Act providing for an examination of the medical Chaj)AZ^ 

RECORDS OF CERTAIN HOSPITALS. 

Be it enacted, etc., as follows: 

Section 72 of chapter 111 of the General Laws, as appear- o. l. (Ter. 
ing in section 9 of chapter 602 of the acts of 1952, is hereby f 70,' itc'^; 
amended by adding at the end the following paragraph: — amended. 

The department shall, whenever necessary, but not more Examination 
than once in each year, order an examination of the medical ricOT^fs of 
records required to be kept by this section, and the staff ^^s^'^tais 
qualifications of all proprietary hospitals, sanatoria and all 
voluntary hospitals not fuljy accredited by the joint com- 
mission on accreditation of hospitals, and may order such 
an examination of the medical records of other hospitals as 
said department may deem necessary; provided, that such 
examination shall be made entirely at the expense of the 
hospital or sanatorium, and the cost thereof shall not exceed 
twenty-five dollars per thousand patient days in any fiscal 
year, or five hundred dollars, whichever is the lesser. Said 
examination shall be made by persons approved by the de- 
partment and shall be conducted under its direction and 
according to rules and regulations established by the depart- 
ment. The department at the time of any such examina- 
tion in any hospital or sanatorium shall have free access to 
all medical records, books and papers thereof. The de- 
partment shall prepare a full report of each examination, 
together with criticisms or recommendations, copies of which 
shall be furnished to said hospital or sanatorium. 

Approved June 11, 1956. 



An Act providing for the appointment of a fourth C/iap, 440 

ASSISTANT register OF PROBATE FOR THE COUNTY OF 
WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Chapter 217 of the General Laws is hereby ^-^V^Jy^- 
amended by striking out section 25A, as most recently § 25A, etc.. 
amended by chapter 482 of the acts of 1946, and inserting in ^^^nded. 
place thereof the following section: — Section 25 A. The Third and 
judges of probate for the counties of Essex, Hampden and a^siltant 
Norfolk may appoint a third assistant register for their probatfin^ 
respective counties, and the judges of probate for the county certain coun- 
of Worcester vao^y appoint a third and a fourth assistant 
register of probate for their county, who shall hold office for 
three years unless sooner removed by the judges. They shall 
be subject to the laws relative to assistant registers. 



286 Acts, 1956. —Chap. 441. 

Ed.),'2i7T' Section 2. The schedule under the caption Worcester in 

Imfaded*"' section 35B of said chapter 217, as appearing in section 2 of 
chapter 638 of the acts of 1955, is hereby amended by add- 
ing at the end the following: — Fourth assistant regis- 
ter . . . 5.000. Approved June 11, 1966. 

ChapA4:l An Act making the commonwealth a party to the 

INTERSTATE COMPACT ON MENTAL HEALTH. 

Be it enacted, etc., as folhws: 

Section 1. The interstate compact on mental health is 
hereby enacted into law and entered into by this common- 
wealth with all other states legally joining therein in the form 
substantially as follows: 

interstate compact on MENTAL HEALTH. 

The contracting states solemnly agree that : — 

Article I. 

The party states find that the proper and expeditious 
treatment of the mentally ill and mentally deficient can be 
facilitated by co-operative action, to the benefit of the 
patients, their families and society as a whole. Further, the 
party states find that the necessity of and desirabihty for 
furnishing such care and treatment bears no primary relation 
to the residence or citizenship of the patient but that, on the 
contrary, the controlling factors of community safety and 
humanitarianism require that facilities and services be made 
available for all who are in need of them. Consequently, it 
is the purpose of this compact and of the party states to 
provide the necessary legal basis for the institutionahzation 
or other appropriate care and treatment of the mentally ill 
and mentally deficient under a system that recognizes the 
paramount importance of patient welfare and to establish 
the responsibilities of the party states in terms of such 
welfare. 

Article II. 

As used in this compact: — 

(a) "Sending state" shall mean a party state from which 
a patient is transported pursuant to the provisions of the 
compact or from which it is contemplated that a patient may 
be so sent. 

(6) "Receiving state" shall mean a party state to which 
a patient is transported pursuant to the provisions of the 
compact or to which it is contemplated that a patient may 
be so sent. 

(c) "Institution" shall mean any hospital or other facility 
maintained by a party state or poHticsJ subdivision thereof 



Acts, 1956. — Chap. 441. 287 

for the care and treatment of mental illness or mental 
deficienc3^ 

(d) "Patient" shall mean any person subject to or eligible 
as determined by the laws of the sending state, for institu- 
tionalization or other care, treatment or supervision pursuant 
to the provisions of this compact. 

(e) "After-care" shall mean care, treatment and services 
provided a patient, as defined herein, on convalescent status 
or conditional release. 

(/) "Mental illness" shall mean mental disease to such 
extent that a person so afflicted requires care and treatment 
for his own welfare, or the welfare of others, or of the com- 
munity. 

(g) "Mental deficiency" shall mean mental deficiency as 
defined by appropriate clinical authorities to such extent 
that a person so afflicted is incapable of managing himself and 
his affairs, but shall not include mental illness as defined 
herein. 

(h) "State" shall mean any state, territory or possession 
of the United States, the District of Columbia, and the 
Commonwealth of Puerto Rico. 

Article III. 

(a) Whenever a person physically present in any party 
state shall be in need of institutionalization by reason of 
mental illness or mental deficiency, he shall be ehgible for 
care and treatment in an institution in that state irrespective 
of his residence, settlement or citizenship qualifications. 

(6) The provisions of paragraph (a) of this article to the 
contrary notwithstanding, any patient may be transferred 
to an institution in another state whenever there are factors 
based upon clinical determinations indicating that the care 
and treatment of said patient would be facihtated or im- 
proved thereby. Any such institutionaUzation may be for 
the entire period of care and treatment or for any portion or 
portions thereof. The factors referred to in this paragraph 
shall include the patient's full record with due regard for 
the location of the patient's family, character of the illness 
and probable duration thereof, and such other factors as 
shall be considered appropriate. 

(c) No state shall be obUged to receive any patient pur- 
suant to the provisions of paragraph (6) of this article unless 
the sending state has given advance notice of its intention to 
send the patient; furnished all available medical and other 
pertinent records concerning the patient ; given the qualified 
medical or other appropriate chnical authorities of the re- 
ceiving state an opportunity to examine the patient if said 
authorities so wish; and unless the receiving state shall agree 
to accept the patient. 

(d) In the event that the laws of the receiving state estab- 
lish a system of priorities for the admission of patients, an 
interstate, patient under this compact shall receive the 



288 Acts, 1956. —Chap. 441. 

same priority as a local patient and shall be taken in the 
same order and at the same time that he would be taken if 
he were a local patient. 

(e) Pursuant to this compact, the determination as to the 
suitable place of institutionahzation for a patient may be 
reviewed at any time and such further transfer of the patient 
may be made as seems likely to be in the best interest of the 
patient. 

Article IV. 

(a) Whenever, pursuant to the laws of the state in which 
a patient is physically present, it shall be determined that 
the patient should receive after-care or supervision, such 
care or supervision may be provided in a receiving state. 
If the medical or other appropriate clinical authorities having 
responsibility for the care and treatment of the patient in 
the sending state shall have reason to believe that after-care 
in another state would be in the best interest of the patient 
and would not jeopardize the pubhc safety, they shall re- 
quest the appropriate authorities in the receiving state to 
investigate the desirability of affording the patient such 
after-care in said receiving state, and such investigation 
shall be made with all reasonable speed. The request for 
investigation shall be accompanied by complete information 
concerning the patient's intended place of residence and the 
identity of the person in whose charge it is proposed to 
place the patient, the complete medical history of the pa- 
tient, and such other documents as may be pertinent. 

(6) If the medical or other appropriate clinical authori- 
ties having responsibiUty for the care and treatment of the 
patient in the sending state and the appropriate authorities 
in the receiving state find that the best interest of the patient 
would be served thereby, and if the pubhc safety would not 
be jeopardized thereby, the patient may receive after-care 
or supervision in the receiving state. 

(c) In supervising, treating or caring for a patient on 
after-care pursuant to the terms of this article, a receiving 
state shall employ the same standards of visitation, exami- 
nation, care and treatment that it employs for similar local 
patients. 

Article V. 

Whenever a dangerous or potentially dangerous patient 
escapes from an institution in any party state, that state 
shall promptly notify all appropriate authorities within and 
without the jurisdiction of the escape in a manner reasonably 
calculated to facihtate the speedy apprehension of the 
escapee. Immediately upon the apprehension and identifi- 
cation of any such dangerous or potentially dangerous 
patient, he shall be detained in the state where found pend- 
ing disposition in accordance with law. 



Acts, 1956. — Chap. 441. 289 



Article VI . 

The duly accredited officers of any state party to this 
compact, upon the estabUshment of their authority and the 
identity of the patient, shall be permitted to transport any 
patient being moved pursuant to this compact through any 
and all states party to this compact, without interference. 

Article VII. 

(a) No person shall be deemed a patient of more than one 
institution at any given time. Completion of transfer of 
any patient to an institution in a receiving state shall have 
the effect of making the person a patient of the institution 
in the receiving state. 

(6) The sending state shall pay all costs of and incidental 
to the transportation of any patient pursuant to this com- 
pact, but any two or more party states may, by making a 
specific agreement for that purpose, arrange for a different 
allocation of costs as among themselves. 

(c) No provision of this compact shall be construed to 
alter or affect any internal relationships among the depart- 
ments, 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. 

(d) Nothing in this compact shall be construed to prevent 
any party state or subdivision thereof from asserting 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 any provision of this com- 
pact. 

(e) Nothing in this compact shall be construed to invali- 
date any reciprocal agreement between a party state and a 
non-party state relating to institutionalization, care or treat- 
ment of the mentally ill or mentally deficient, or any statu- 
tory authority pursuant to which such agreements may be 
made. 

Article VIII. 

(a) Nothing in this compact shall be construed to abridge, 
diminish, or in any way impair the rights, duties and re- 
sponsibilities of any patient's guardian on his own behalf 
or in respect of any patient for whom he may serve, except 
that where the transfer of any patient to another jurisdic- 
tion makes advisable the appointment of a supplemental or 
substitute guardian, any court of competent jurisdiction in 
the receiving state may make such supplemental or substi- 
tute appointment and the court which appointed the previous 
guardian shall upon being duly advised of the new appoint- 
ment, and upon the satisfactory completion of such account- 
ing and other acts as such court may by law require, relieve 
the previous guardian of power and responsibihty to whatever 
extent shall be appropriate in the circumstances; provided, 



290 Acts, 1956. — Chap. 441. 

however, that in the case of any patient having settlement 
in the sending state, the court of competent jurisdiction in 
the sending state shall have the sole discretion to relieve a 
guardian appointed by it or continue his power and responsi* 
bility, whichever it shall deem advisable. The court in the 
receiving state may, in its discretion, confirm or reappoint 
the person or persons previously serving as guardian in the 
sending state in Heu of making a supplemental or substitute 
appointment. 

(6) The term "guardian" as used in paragraph (a) of 
this article shall include any guardian, trustee, legal com- 
mittee, conservator, or other person or agency however 
denominated who is charged by law with power to act for 
or responsibiHty for the person or property of a patient. 

Article IX. 

(a) No provision of this compact except Article V shall 
apply to any person institutionalized while under sentence 
in a penal or correctional institution or while subject to trial 
on a criminal charge, or whose institutionalization is due to 
the commission of an offense for which, in the absence of 
mental illness or mental deficiency, said person would be 
subject to incarceration in a penal or correctional institution. 

(6) To every extent possible, it shall be the poUcy of 
states party to this compact that no patient shall be placed 
or detained in any prison, jail or lockup, but such patient 
shall, with all expedition, be taken to a suitable institutional 
facihty for mental illness or mental deficiency. 

Article X. 

(a) Each party state shall appoint a "compact admin- 
istrator" who, on behalf of his state, shall act as general 
coordinator of activities under the compact in his state and 
who shall receive copies of all reports, correspondence, and 
other documents relating to any patient processed under the 
compact by his state either in the capacity of sending or 
receiving state. The compact administrator or his duly 
designated representative shall be the official with whom 
other party states shall deal in any matter relating to the 
compact or any patient processed thereunder. 

(6) The compact administrators of the respective party 
states shall have power to promulgate reasonable rules and 
regulations to carry out more effectively the terms and pro- 
visions of this compact. 

Article XI. 

The duly constituted administrative authorities of any 
two or more party states may enter into supplementary 
agreements for the provision of any service or facility or for 
the maintenance of any institution on a joint or co-operative 



Acts, 1956. — Chap. 441. 291 

basis whenever the states concerned shall find that such 
agreements will improve services, facilities, or institutional 
care and treatment in the fields of mental illness or mental 
deficiency. No such supplementary agreement shall be 
construed so as to relieve any party state of any obligation 
which it otherwise would have under other provisions of this 
compact. 

Article XII. 

This compact shall enter into full force and effect as to 
any state when enacted by it into law and such state shall 
thereafter be a party thereto with any and all states legally 
joining therein. 

Article XIII. 

(a) A state party to this compact may withdraw there- 
from by enacting a statute repealing the same. Such with- 
drawal shall take effect one year after notice thereof has 
been communicated officially and in writing to the governors 
and compact administrators of all other party states. How- 
ever, the withdrawal of any state shall not change the status 
of any patient who has been sent to said state or sent out 
of said state pursuant to the provisions of the compact. 

(6) Withdrawal from any agreement permitted by Article 
VII (b) as to costs or from any supplementary agreement 
made pursuant to Article XI shall be in accordance with the 
terms of such agreement. 



Article XIV. 

This compact shall be liberally construed so as to effectuate 
the purposes thereof. 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 party state or of the United States or the appHcabihty 
thereof to any government, agency, person or circumstance 
is held invafid, 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 party thereto, 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 the terms of the foregoing com- 
pact the commissioner of mental health is designated com- 
pact administrator and acting jointly with like officers of 
other contracting states or the District of Columbia or the 
Commonwealths of Puerto Rico shall have the power to 
promulgate rules and regulations to carry out more effec- 
tively the terms of the compact to which the commonwealth 
is a party. The compact administrator is authorized to 
enter into suppk^mentary agreements with the appropriate 



292 Acts, 1956. — Chap. 442. 

officials of other states pursuant to Articles VII and XI of 
the foregoing compact. If such supplementary agreements 
require or contemplate the use of any institution or facility 
of the commonwealth or the provision of any service by the 
commonwealth, no such agreement shall have force or effect 
until approved by the head of the department or agency 
under whose jurisdiction such institution or facility is oper- 
ated or whose department or agency will be charged with 
the rendering of such service. The compact administrator 
is directed to co-operate with all the departments, agencies 
and officers of the commonwealth and its subdivisions in 
facilitating proper administration of the compacts or any 
supplementary agreement or agreements entered into by 
the compact administrator thereunder. 

Section 3. Any payments necessary to discharge any 
financial obligation imposed upon the commonwealth by 
the foregoing compact or by any supplementary agreement 
entered into thereunder shall be reported to the governor 
and the budget commissioner annually on or before the 
fifteenth day of September for inclusion in the budget of 
the department of mental health. 

Section 4. Copies of this act shall be transmitted by 
the secretary of the commonwealth to the governor of each 
state, and to the attorney general and the secretary of state 
of the United States. Approved June 11, 1956. 



ChavA42 An Act to provide for the filling of vacancies in the 

NUMBER OF TOWN MEETING MEMBERS IN THE TOWN OF 
LEXINGTON. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 215 of the acts of 1929 
is hereby amended by inserting after the third sentence the 
following sentence: — Such vacancy or vacancies shall be 
filled, in the order of votes received at each annual town 
election, from among those candidates in their respective 
precincts who fail of election to a term of three years. 

Section 2. Said chapter 215 is hereby further amended 
by striking out section 7 and inserting in place thereof the 
following section : — Section 7. 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, shall be filled until 
the next annual election by the selection by the town clerk 
of the person who received the highest number of votes as 
a defeated candidate for the office of town meeting member 
in the preceding election in the precinct where the vacancy 
occurs and the town clerk sliall promptly notify such per- 
son of his election as a town meeting member. If for any 
reason such person cannot or does not accept such office, 
the next highest in recorded vote of the defeated candidates 
in that precinct shall be similarly selected. In the event 



Acts, 1956. — Chap. 443. 293 

of a tie vote of those who received the highest votes as 
such defeated candidates, or in the event there is no such 
defeated candidate available, the town clerk shall call a 
special meeting of the town meeting members from the pre- 
cinct where the vacancy occurs for the purpose of so filling 
the vacancy from among those having the tie votes or, if no 
tie vote is involved, from among the registered voters of the 
precinct and shall cause to be mailed to every such town 
meeting member, not less than seven days before the time 
set for the meeting, a notice specifying the object, time and 
place of the meeting. At the said meeting a maj ority of the 
members from such precinct shall constitute a quorum, and 
they shall elect from their own number a chairman and a 
clerk. The choice to fill any vacancy shall be by written 
ballot and a majority of the votes cast shall be required for 
a choice. The 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 ac- 
ceptance by the member or members so chosen who shall 
thereupon be deemed elected and qualified 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 three. 

Section 3. This act shall be submitted for acceptance to 
the voters of said town at the next annual town meeting in 
the form of the following question which shall be placed 
upon the official ballot to be used for the election of town 
officials at said meeting: — "Shall an act passed by the gen- 
eral court in the year nineteen hundred and fifty-six entitled 
'An Act to provide for the filling of vacancies in the number 
of town meeting members in the town of Lexington', 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 11, 1956. 



An Act granting blind persons an additional exemp- QJiav 443 

TION FROM income SUBJECT TO TAXATION. 

Be it enacted, etc., as follows: 

Section 1. Subsection (6) of section 5 of chapter 62 of g. l. (Xer. 
the General Laws is hereby amended by striking out the f l/efa,' 
first three sentences, as appearing in section 4 of chapter 679 amended. 
of the acts of 1954, and inserting in place thereof the follow- 
ing four sentences: — The excess of the income derived from Blind persons 
professions, employment, trade or business as defined in sec- fd^Hti^fnar 
tion six over the applicable exemption provided in this sub- exemption 
section shall be taxed at the rate of one and one half per subTectto""* 
cent. In the case of a single person or a married person t-'^ution. 
fifing a separate return the exemption allowable under this 
subsection shall be two thousand dollars; provided, how- 
ever, that if the taxpayer is totally blind the exemption 



294 Acts, 1956. — Chaps. 444, 445. 

otherwise allowable shall be increased by two thousand 
dollars. In the case of a husband and wife filing a joint 
return the exemption allowable under this subsection shall 
be an amount equal to the sum of two thousand dollars and 
the income as defined in section six of the spouse having the 
smaller such income, or four thousand dollars, whichever is 
less. If either spouse is totally bUnd, the aggregate exemp- 
tion otherwise allowable on such joint returns shall be in- 
creased by two thousand dollars and if both spouses are 
totally blind, such exemption shall be increased by four 
thousand dollars. 

Section 2. This act shall take effect with respect to 
taxable years beginning after December thirty-first, nine- 
teen hundred and fifty-five. Approved June 11, 1966. 



ChapA4:4: An Act defining a trailer coach. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter 140 of the General Laws is hereby amended by 

new5 32L. inserting after section 32K the following section: — Sec- 
added. ij^Q^ 32L. As used in sections thirty-two A to thirty-two K, 

"TraUer inclusive, the words "trailer coach" shall mean any vehicle 

defined! Or object on wheels and having no motive power of its own, 

but which is drawn by, or used in connection with, a motor 
vehicle, and which is so designed and constructed, or recon- 
structed or added to by means of such accessories, as to per- 
mit the use and occupancy thereof for human habitation, 
whether resting on wheels, jacks or other foundation, and 
shall include the type of vehicle commonly known as a 
mobile home. Approved June 11, 1956. 



ChapA4:6 An Act designating a portion of the highway known 

AS ROUTE 3 AS THE GEORGE T. WALSH HIGHWAY. 

Be it enacted, etc., as follows: 

Chapter 776 of the acts of 1955 is hereby amended by 
striking out, in line 1, the words "Route 3A" and inserting 
in place thereof the words: — Koute 3, — so as to read as 
follows: — So much of the highway known as Route 3 com- 
mencing 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 
tablets and markers bearing said designation shall be erected 
thereon in appropriate places by the department of public 
works. Approved June 11, 1956. 



Acts, 1956. — Chaps. 446, 447. 295 



An Act authorizing the town of dedham to borrow Chav 446 

MONEY outside THE DEBT LIMIT FOR IMPROVING WIGWAM 
BROOK AND CERTAIN MEADOW LAND. 

Be it enacted, etc., as follows: 

For the purpose of improving Wigwam brook and the 
meadow land adjacent thereto, the town of Dedham 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 three hundred thousand dollars, 
and may issue bonds or notes therefor which shall bear on 
their face the words. Town of Dedham, Brook Improvement 
Loan, Act of 1956. Each authorized issue shall constitute 
a separate loan, and such loans shall be paid in not more than 
ten years from their dates. Indebtedness incurred under 
this act shall be in excess of any statutory limit, but shall, 
except as herein provided, be subject to chapter forty-four 
of the General Laws, provided, however, that the limitation 
contained in the first paragraph of section seven of said chap- 
ter forty-four shall apply to any loan authorized by the pro- 
visions of this act. Approved June 11, 1956. 

An Act establishing an historic districts commission Chap.4:4:7 

FOR THE TOWN OF LEXINGTON AND DEFINING ITS POWERS 
AND DUTIES, AND ESTABLISHING HISTORIC DISTRICTS IN 
THE TOWN OF LEXINGTON. 

Be it enacted, etc., as follows: 

Section L Purpose. — The purpose of this act is to 
promote the educational, cultural, economic and general wel- 
fare of the public through the preservation and protection 
of historic buildings, places and districts through the de- 
velopment of appropriate settings for said buildings, places 
and districts and through the maintenance of said buildings, 
places and districts as landmarks of historic interest. 

Section 2. Creation of Districts. — There is hereby es- 
tablished in the town of Lexington three historic districts to 
be known as (1) Battle Green District, (2) Hancock-Clarke 
District, and (3) Munroe Tavern District, bounded as fol- 
lows : — 

Battle Green District: Beginning at a point in the north- 
westerly property line of the municipal parking area between 
Waltham and Muzzey streets three hundred feet distant 
southwesterly from the southwesterly fine of Massachu- 
setts avenue; thence northwesterly and then westerly along 
a line distant three hundred feet southwesterly and then 
southerly from and parallel to the southwesterly and south- 
erly fine of Massachusetts avenue to the westerly fine of 
Forest street; thence northerly along said westerly line of 
Forest street and said westerly fine extended to a point on 
the northerly line of Massachusetts avenue; thence north- 
westerly along a straight line to a point in the southeasterly 



296 Acts, 1956. — Chap. 447. 

line of Worthen road distant eleven hundred feet south- 
westerly from the westerly line of Bedford street; thence 
northeasterly along said southeasterly line of Worthen road 
seven hundred feet to a point; thence easterly along a straight 
line to the intersection of the westerly line of the railroad 
right of way with the northerly lot line of the property now 
numbered twenty-one Bedford street; thence southeasterly 
along a straight line to a point in the northeasterly lot line 
of the railroad property three hundred and seventy feet dis- 
tant southeasterly from the southeasterly line of Meriam 
street; thence southwesterly along a straight line to the 
point of beginning. 

Hancock-Clarke District: Beginning at the intersection of 
the westerly line of Hancock street with the northerly Une 
of Hancock avenue; thence westerly along said northerly 
hne of Hancock avenue two hundred feet to a point; thence 
northerly along a line distant two hundred feet westerly from 
and parallel to the westerly line of Hancock street to the 
southerly lot line of the property now numbered forty-six 
Hancock street; thence easterly along said southerly lot hne 
to the westerly line of Hancock street; thence southeasterly 
in a straight line across Hancock street to the intersection of 
the easterly Une of Hancock street with the southerly lot Hne 
of the property now numbered forty-five Hancock street; 
thence easterly along said southerly lot line two hundred feet 
to a point ; thence southerly along a line distant two hundred 
feet easterly from and parallel to the easterly line of Hancock 
street to the northerly line of Edgewood road; thence west- 
erly along said northerly hne of Edgewood road to the east- 
erly line of Hancock street; thence northwesterly in a 
straight hne across Hancock street to the point of beginning. 

Munroe Tavern District: Beginning at the intersection of 
the northeasterly line of Massachusetts avenue with the 
northerly lot hne of Tower Park, thence northeasterly 
along said northerly lot line two hundred feet to a point; 
thence northerly and then northwesterly along a Hne dis- 
tant two hundred feet northeasterly from and parallel to 
the northeasterly line of Massachusetts avenue to the south- 
easterly lot hne of the property now numbered fourteen hun- 
dred and fifteen Massachusetts avenue ; thence southwesterly 
along said southeasterly lot hne to the northeasterly line of 
Massachusetts avenue; thence southwesterly in a straight 
Une across Massachusetts avenue to the intersection of the 
southwesterly line of Massachusetts avenue with the north- 
westerly lot Une of the property now numbered fourteen 
hundred and four Massachusetts avenue; thence south- 
westerly along said northwesterly lot hne to a point distant 
two hundred feet southwesterly from the southwesterly Une 
of Massachusetts avenue; thence southeasterly along a line 
distant two hundred feet southwesterly from and parallel to 
the southwesterly line of Massachusetts avenue to the north- 
westerly Une of Percy road; thence southerly by a straight 
line across Percy road to a point in the southeasterly line of 



Acts, 1956. — Chap. 447. 297 

Percy road distant two hundred feet southwesterly from the 
intersection of said southeasterly line of Percy road with 
the westerly line of Tavern lane; thence southerly and then 
southeasterly along a line distant two hundred feet south- 
westerly from and parallel to the westerly and southwesterly 
Une of Tavern lane and said southwesterly line extended to 
the southeasterly hne of Eliot road; thence easterly and 
then southeasterly and southerly along the southeasterly, 
southerly and southwesterly line of Ehot road to the south- 
easterly hne of Pelham road; thence northeasterly along 
the southeasterly hne of Pelham road to the southwesterly 
line of Massachusetts avenue; thence northeasterly in a 
straight hne across Massachusetts avenue to the point of 
beginning. 

Wherever only part of any building or structure is within 
an historic district according to the boundary lines as here- 
tofore defined in this section, there shall be included within 
the historic district the entire land area occupied, or to be 
occupied, by all of said building or structure so that the 
whole building or structure shall be considered to be within 
the historic district for the purposes of this act. 

Section 3. Definitions. — As used in this act, the follow- 
ing words and terms shall have the following meanings : — 

"Building", a combination of materials having a roof and 
forming a shelter for persons, animals or property. 

"Building inspector", the building inspector of the town 
of Lexington. 

"Commission", the historic districts conmiission estab- 
lished by section four. 

"Erected", the word "erected" includes the words 
"built", "constructed", "reconstructed", "restored", 
"altered", "enlarged", and "moved". ' 

"Exterior architectural feature", the architectural style 
and general arrangement of such portion of the exterior of a 
building or structure as is designed to be open to view from 
a public street, way, or place including the kind, color and 
texture of the building materials of such portion and the type 
and style of all windows, doors, lights, signs and other 
fixtures appurtenant to such portion. 

"Historic districts", the districts established by section 
two. 

"Person", the word "person" includes an individual, a 
corporate or unincorporated organization or association 
and the town of Lexington. 

"Structure", a combination of materials, other than 
a building, sign or billboard. 

Section 4. Creation and Organization of Historic Districts 
Commission. — There is hereby estabUshed in the town of 
Lexington an Historic Districts Commission consisting of 
five unpaid members who shall be residents of the town of 
Lexington, to be appointed by the selectmen of the town as 
follows : — two from four candidates nominated by the 
Lexington Historical Society, one from two candidates 



298 Acts, 1956. — Chap. 447. 

nominated by The Lexington Arts and Crafts Society, Inc., 
one from two candidates nominated by the trustees of the 
Gary Memorial Library and one member selected at large 
by the selectmen. The members initially appointed here- 
under shall serve, in the case of one member appointed upon 
nomination of the Lexington Historical Society, for a term 
expiring one year; in the case of the member appointed 
upon nomination of The Lexington Arts and Crafts Society, 
Inc., for a term expiring two years, in the case of the member 
appointed upon nomination of the trustees of the Cary 
Memorial Library, for a term expiring three years, in the 
case of the second member appointed upon nomination of 
the Lexington Historical Society, for a term expiring four 
years, in the case of the member appointed at large by the 
selectmen, for a term expiring five years, from January first 
following the year of such appointments. The selectmen also 
shall appoint for terms of five years from said January first 
two associate members of the commission selected from 
candidates of one each nominated by the aforesaid organiza- 
tions and trustees, and in the case of a vacancy, inability to 
act, or interest on the part of a member of the commission 
his place may be taken by an associate member designated 
by the chairman of the commission. As the term of any 
member or associate member expires, his successor shall be 
appointed in hke manner for a term of five years. Vacancies 
in the commission shall be filled in the same manner for the 
unexpired term. Every member and associate member shall 
continue in office after the expiration of his term until his 
successor is duly appointed and qualified. Any member or 
associate member may be removed for cause by the appoint- 
ing authority upon written charges and after a public hearing. 

The commission shall elect a chairman and a secretary 
from its membership. In the case of absence of the chairman 
from any meeting, the commission shall elect a chairman 
pro tempore for such meeting. 

Section 5. Limitations. — (a) No building or structure, 
except as provided under section six, shall be erected within 
the historic districts unless and until an appHcation for a 
certificate of appropriateness as to exterior architectural 
features which are subject to view from a pubHc street, way, 
or place shall have been filed with the commission and either 
a certificate of appropriateness, or a certificate that no ex- 
terior architectural feature is involved, shall have been 
issued by the commission. 

(6) No building or structure within the historic districts 
shall be changed as to exterior color features which are 
subject to view from a public street, way, or place unless 
and until an application for a certificate of appropriateness 
as to change in such color features shall have been filed with 
the commission and such certificate shall have been issued 
by the commission. 

(c) No building or structure within the historic districts, 
except as provided under section six, shall be demolished or 
removed unless and until an application for a permit to 



Acts, 1956. — Chap. 447. 299 

demolish or remove the same shall have been filed with the 
commission, and such permit shall have been issued by the 
commission. 

(d) No occupational, commercial, or other sign, except as 
provided under section six, and no billboard shall be erected 
or displayed on any lot, or the exterior of any building or 
structure within the historic districts unless and until an 
appUcation for a certificate of appropriateness shall have 
been filed with the commission, and such certificate shall have 
been issued by the commission. In the case of any such sign 
or billboard erected or displayed prior to the effective date 
of this act, there shall be allowed a period of five years, sub- 
sequent to said effective date, in which to obtain such 
certificate. 

(e) Except in cases excluded by section six : — 

(1) No permit shall be issued by the building inspector 
for any building or structure to be erected within the historic 
districts, unless the application for said permit shall be ac- 
companied either by a certificate of appropriateness or a 
certificate that no exterior architectural feature is involved, 
issued under section nine. 

(2) No permit shall be issued by the building inspector 
for tile demoUtion or removal of any building or structure 
within the historic districts unless the appUcation for said 
permit shall be accompanied by a permit issued under said 
section nine. 

Section 6. Exclusions. — (a) Nothing in this act shall 
be construed to prevent the ordinary maintenance or repair 
of any exterior architectural feature of any building or 
structure within the historic districts; nor shall anything in 
this act be construed to prevent the erection, construction, 
reconstruction, restoration, alteration, or demolition of any 
such feature which the building inspector shall certify is re- 
quired by the public safety because of an unsafe or dangerous 
condition; nor shall anything in this act be construed to 
prevent the erection, construction, reconstruction, restora- 
tion, alteration, or demolition of any such feature under a 
permit issued by the building inspector prior to the effective 
date of this act. 

(b) The following structures and signs may be erected or 
displayed within the historic districts without the filing of an 
appUcation for, or the issuance of, a certificate of appro- 
priateness : — 

(1) Temporary structures or signs for use in connection 
with any official celebration or parade, or any charitable 
drive in the town, provided that any such structure or sign 
shall be removed within three days foUowing the termina- 
tion of the celebration, parade or charitable drive for which 
said structure or sign shall have been erected or displayed. 
Any other temporary structures or signs which the com- 
mission shall determine from time to time may be excluded 
from the provisions of section five without substantial der- 
ogation from the intent and purposes of this act. 

(2) Real estate signs of not more than three square feet in 



300 Acts, 1956. — Chap. 447. 

area advertising the sale or rental of the premises on which 
they are erected or displayed. 

(3) Occupational or other signs of not more than one 
square foot in area and not more than one such sign, irre- 
spective of size, bearing the name, occupation or address of 
the occupant of the premises on which such sign is erected or 
displayed where such premises are located within an R-1 one 
family dwelling district as defined in the Zoning By-Law of 
the town of Lexington. 

Section 7. Applications to be Filed with Commission. — 
Excepting cases excluded by section six, any person who de- 
sires to erect, build, construct, reconstruct, restore, alter, 
move, demolish, remove, or change the exterior color features 
of any building or structure now or hereafter within the 
historic districts, or to erect or display within the historic 
districts any sign or billboard for which a certificate of ap- 
propriateness is required under paragraph (d) of section 
five, shall file with the commission an application for a 
certificate of appropriateness or a permit for demoUtion or 
removal, as the case may be, together with such plans, 
elevations, specifications, material and other information as 
shall be deemed necessary by the commission to enable it to 
make a determination on the application. 

Section 8. Meetings, Hearings, Time for Making Deter- 
minations. — Meetings of the commission shall be held at 
the call of the chairman and also when called in such other 
manner as the commission shall determine in its rules. Five 
members, including associate members, of the commission 
shall constitute a quorum. 

The commission shall determine promptly after the filing 
of an appUcation for a certificate of appropriateness as to 
exterior architectural features, whether the application in- 
volves any such features. If the commission determines that 
such application involves any exterior architectural features, 
the commission shall hold a public hearing on such applica- 
tion. The commission also shall hold a public hearing on 
all other applications required to be filed with it under this 
act. 

The commission shall fix a reasonable time for the hearing 
on any application and shall give public notice thereof by 
publishing notice of the time, place, and purpose of the 
hearing in a local newspaper at least fourteen days before 
said hearing and also, within seven days of said hearing, mail 
a copy of said notice to the applicant,, to the owTiers of all 
property deemed by the commission to be affected thereby 
as they appear on the most recent local tax Ust, to the plan- 
ning board of the town, and to such other persons as the 
commission shall deem entitled to notice. 

As soon as convenient after such public hearing but in 
any event within sixty days after the filing of the apphca- 
tion, or within such further time as the applicant shall allow 
in writing, the commission shall make a determination on 
the application. If the commission shall fail to make a de- 



Acts, 1956. — Chap. 447. 301 

termination within said sixty days, or within such further 
time allowed by the applicant, the commission shall be 
deemed to have approved the application. 

Section 9. Powers, Functions, and Duties of Commis- 
sion. — The commission shall have the following powers, 
functions and duties: — 

(a) It shall pass upon: — 

(1) The appropriateness of exterior architectural features 
of buildings and structures to be erected within the historic 
districts wherever such features are subject to view from a 
public street, way. or place. 

(2) The appropriateness of changes in exterior color fea- 
tures of buildings and structures within the historic districts 
wherever such features are subject to view from a public 
street, way, or place. 

(3) The demolition or removal of any building or struc- 
ture within the historic districts. The commission may 
refuse a permit for the demoUtion or removal of any build- 
ing or structure of architectural or historic interest, the re- 
moval of which in the opinion of the commission would be 
detrimental to the pubhc interest. 

(4) The appropriateness of the erection or display of oc- 
cupational, commercial or other signs and billboards within 
the historic districts wherever a certificate of appropriate- 
ness for any such sign or billboard is required under para- 
graph {d) of section five. 

In passing upon appropriateness, demolition or removal, 
the commission shall determine whether the features, demo- 
lition or removal, sign or billboard involved will be appro- 
priate for the purposes of this act and, if it shall be deter- 
mined to be inappropriate, shall determine whether, owing 
to conditions especially affecting the building, structure, 
sign or billboard involved, but not affecting the historic 
district generally, failure to approve an application will 
involve a substantial hardship to the applicant and whether 
such application may be approved without substantial detri- 
ment to the public welfare and without substantial deroga- 
tion from the intent and purposes of this act. If the com- 
mission determines that the features, demohtion or removal, 
sign or billboard involved will be appropriate or, although 
inappropriate, owing to conditions as aforesaid, failure to 
approve an apphcation will involve substantial hardship to 
the applicant and approval thereof may be made without 
substantial detriment or derogation as aforesaid, the com- 
mission shall approve the apphcation; but if the commission 
does not so determine, the apphcation shall be disapproved. 

In passing upon appropriateness the commission shall 
consider, among other things, the historical value and sig- 
nificance of the building or structure, the general design, 
arrangement, texture, material, and color of the features, 
sign or billboard involved and the relation of such factors 
to similar factors of buildings and structures in the immedi- 
ate surroundings. The commission shall not consider rela- 



302 Acts, 1956. — Chap. 447. 

tive size of buildings and structures, or detailed designs, 
interior arrangement and other building features not sub- 
ject to public view. The commission shall not make any 
recommendations or requirements except for the purpose of 
preventing developments obviously incongruous to the pur- 
poses set forth in this act. 

The concurring vote of three members, including associ- 
ate members, of the commission shall be necessary to make 
a determination in favor of the apphcant on any matter 
upon which the commission is required to pass under this 
act. 

(6) In the case of an approval by the commission of an 
application for a certificate of appropriateness or a permit 
for demolition or removal, or in the event an appUcation is 
deemed approved through failure to make a determination 
within the time specified in section eight, the commission 
shall cause a certificate of appropriateness or a permit for 
demolition or removal, as the case may be, dated and signed 
by its chairman or chairman pro tempore, to be issued to 
the applicant. 

(c) In the case of disapproval of an appUcation for a cer- 
tificate of appropriateness or a permit for demohtion or 
removal, the commission shall notify the applicant in writ- 
ing, setting forth therein the reasons for its determination, 
and, as to applications for a certificate of appropriateness, 
the commission may make recommendations to the apph- 
cant with respect to appropriateness of design, arrangement, 
texture, material, color, and similar factors. 

(d) In the case of a determination by the commission that 
an application for a certificate of appropriateness does not 
involve any exterior architectural feature, the commission 
shall cause a certificate of such determination, dated and 
signed by its chairman or chairman pro tempore, to be 
issued forthwith to the apphcant. 

(e) The commission shall keep a permanent record of its 
resolutions, transactions, and determinations, and may make 
such rules and regulations consistent with this act and pre- 
scribe such forms as it shall deem desirable and necessary. 

(/) The commission shall file with the town clerk a notice 
of all determinations made by it, and approvals of applica- 
tions through failure of the commission to make a determina- 
tion within the time allowed under section eight, except that 
no notice of a determination that an application for a certifi- 
cate of appropriateness does not involve any exterior archi- 
tectural feature shall be filed. 

(g) The commission may incur expenses necessary to the 
carrying on of its work within the amount of its appropria- 
tion. 

Section 10. Appeals. — Any person aggrieved by a de- 
termination of the commission or by an approval of an 
application through failure of the commission to make a 
determination within the time allowed under section eight, 
whether or not previously a party to the proceeding, or any 



Acts, 1956. — Chap. 448. 303 

officer or board of the town may, within fifteen days after 
the filing of a notice of such determination or approval with 
the town clerk, appeal to the superior court sitting in equity 
for the county of Middlesex. The court shall hear all perti- 
nent evidence and determine the facts and if, upon the facts 
80 determined, such determination or approval is found to 
exceed the authority of the commission, the court shall annul 
such determination or approval and remand the case for 
further action by the commission. 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. 

Costs shall not be allowed against the commission unless 
it shall appear to the court that the commission acted in 
bad faith or with mahce in the matter from which the appeal 
was taken. 

Costs shall not be allowed against the party appeaUng 
from such determination or approval of the commission 
unless it shall appear to the court that said party acted in 
bad faith or with malice in making the appeal to the court. 

Section 11. Enforcement. — Any person who violates 
any of the provisions of this act shall be guilty of a mis- 
demeanor, and upon conviction thereof shall be fined not 
less than ten dollars nor more than five hundred dollars. 

The superior court sitting in equity for the county of 
Middlesex shall have jurisdiction to enforce the provisions 
of this act and the determinations, rulings, and regulations 
issued thereunder and may restrain by injunction violations 
thereof and issue such other orders for relief of violations 
as may be required. 

Section 12. Severability of Provisions. — The provisions 
of this act shall be deemed to be severable; and in case any 
section, paragraph or part of this act shall be held unconsti- 
tutional by any court of competent jurisdiction, the decision 
of such court shall not affect or impair the validity of any 
other sections, paragraphs or parts of this act. 

Section 13. Effective Date of Act. — This act shall take 
effect upon its acceptance by the town by vote of its town 
meeting members at an annual town meeting or any special 
town meeting called for the purpose. 

Approved June 11, 1956. 



An Act relative to the salary, traveling expenses. C'/ia».448 

AND reimbursement BY THE COMMONWEALTH OF A PER- 
SON serving IN A DUAL CAPACITY AS SUPERINTENDENT 
OF A UNION AND REGIONAL SCHOOL DISTRICT OR OF TWO 
OR MORE REGIONAL SCHOOL DISTRICTS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 71 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 64, as most recently amended §^64,' Jto'., 
by chapter 237 of the acts of 1956, and inserting in place amended.' 



304 



Acts, 1956. — Chap. 448. 



Salary of 

superintpnflent 

of schoolM in 

union and 

regional 

school 

district. 



G. L. (Ter. 
EdJ, 71, 
§ 65, etc., 
amended. 

Salary and 
expenses of 
superintendent 
to be paid 
by warrant 
drawn on 
state treasurer. 



thereof the following section: — Section 64- The salary of 
the superintendent in such a union or in any twelve grade 
regional school district or the combined salary received by a 
person serving in a dual capacity as a superintendent in a 
union and a regional school district or in two or more regional 
school districts shall be not less than the amounts provided 
in the following schedule: sixty-four hundred dollars for 
the first year of service, sixty-six hundred dollars for the 
second year, sixty-eight hundred dollars for the third year, 
seven thousand dollars for the fourth year. If his salary is 
not in excess of seventy-six hundred dollars the union or 
any twelve grade regional school district or the union and 
the regional school district or two or more regional school 
districts, as the case may be, shall, and otherwise may, 
reimburse him for his actual traveUng expenses incurred in 
the discharge of his duties, but such reimbursement may be 
limited to six hundred dollars a year. 

Section 2. Said chapter 71 is hereby further amended 
by striking out section 65, as most recently amended by 
chapter 565 of the acts of 1955, and inserting in place thereof 
the following section: — Section 65. When the chairman 
and secretary of the joint committee or any twelve grade 
regional school district committee or in the case of a person 
serving as a superintendent in the dual capacity referred to 
in section sixty-four, when the chairmen of both the union 
committee and regional district school committee or two or 
more regional district school committees shall certify to the 
comptroller on oath, that the towns unitedly or as members 
of a regional school district or districts have employed a 
superintendent of schools for the year ending on June thirti- 
eth and, in the case of a union, have complied with section 
sixty-three, a warrant shall, upon approval of the depart- 
ment, be drawn upon the state treasurer for the payment of 
two thirds of the sum of the following amounts: (1) the 
amount paid the superintendent as salarj^ not including any 
such amount in excess of five thousand dollars, and (2) the 
amount reimbursed to the superintendent for traveling ex- 
penses, not including any such amount in excess of six 
hundred dollars. The amount stated in the warrant shall 
be apportioned and distributed among the towns forming 
the union or the regional school district or districts in pro- 
portion to the amount expended by them for the salary 
and traveling expenses of the superintendent; provided, 
that the reimbursement on account of an individual serving 
in a dual capacity as superintendent of a school union and 
regional school district or of two or more regional school 
districts f»hall not be in excess of the amount estabhshed in 
this section, and said reimbursement shall be prorated 
among all the towns contributing to his salary; and pro- 
vided, further, 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 



Acts, 1956. — Chap. 448. 305 

its entry into a union or a regional school district, which- 
ever occurred earlier, shall be retained by the common- 
wealth. Approved June 11, 1956. 



The Commonwealth of Mapsachusbtts, 
Executive Department, State House, 

Boston, July 26, 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 in my opinion the immediate preservation of 
the pubhc convenience requires that the law being chapter 
448 of the Acts of 1956, entitled, "An Act relative to the 
Salary, Travehng Expenses, and Reimbursement by the 
Commonwealth of a Person serving in a Dual Capacity as 
Superintendent of a Union and Regional School District or 
of Two or More Regional School Districts" and the enact- 
ment of which received my approval June 11, 1956 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 \dew of the fact that the school session opens before 
the effective date, make it impossible for union and regional 
school districts affected by the law to make proper contracts 
with superintendents. 

Very truly yours. 

Christian A. Herter, 
Governor of the Commonwealth. 



Office of the Secretary, Boston, July 26, 1956. 

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 three o'clock and forty 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 four hundred 
and forty-eight of the acts of nineteen hundred and fifty-six. 

Edward J. Cronin, 

Secretary of the Commonwealth. 



306 



Acts, 1956. — Chap. 449. 



G. L. (Ter. 
Ed.), 12, 5 3D, 
etc., amenaed. 



Duty of 
attorney 
general in 
oonnection 
with certain 
actions agaiiiut 
state personnel. 



C/iap.449 An Act relative to indemnification or protection of 

OFFICERS AND EMPLOYEES OF THE SOLDIERS* HOME IN 
MASSACHUSETTS AND THE SOLDIERS' HOME IN HOLYOKE 
IN CONNECTION WITH ACTIONS FOR PERSONAL INJURIES 
AND PROPERTY DAMAGE. 

Be it enacted, etc., as follows: 

Chapter 12 of the General Laws is hereby amended by 
striking out section 3D, inserted by chapter 326 of the acta 
of 1954, and inserting in place thereof the following section: — 
Section 3D. Upon the filing with the attorney general of a 
written request by any officer or employee of the department 
of mental health or public health, of the Soldiers' Home in 
Massachusetts or the Soldiers' Home in Holyoke, that the 
attorney general defend him against an action for damages 
for bodily injuries or infections, physical or mental agony or 
pain, death of any person, or any damage to property of 
another on the hospital grounds, arising out of the operation 
of said department of mental health or public health, or of 
the Soldiers' Home in Massachusetts or the Soldiers' Home 
in Holyoke, the attorney general shall, if after investigation 
it appears to him that such officer or employee was at the 
time the cause of action arose acting within the scope of his 
official duties or employment, take over the management and 
defence of such action. The attorney general may adjust or 
settle any such action at any time before, during or after trial, 
if he finds after investigation that the plaintiff is entitled to 
damages from such officer or employee, and in such case 
there shall be paid from the state treasury for settlement in 
full of such action from such appropriation as may be made 
by the general court for the purposes of this section such sum, 
not exceeding five thousand dollars on account of injury to 
or death of one person and not exceeding five thousand 
dollars on account of damage to property, as the attorney 
general shall determine to be just and reasonable and as the 
governor and council shall approve. If an execution issued 
on a final judgment in such an action is presented to the state 
treasurer by an officer qualified to serve civil process and if 
there is also presented to or on file with said state treasurer a 
certificate of the attorney general certifying that said execu- 
tion was issued on a judgment in an action in which he ap- 
peared for and defended the defendant in accordance with 
the provisions of this section, there shall be paid from the 
state treasury from the appropriation above referred to the 
amount of the execution, including costs and interest, up 
to but not in excess of the respective Hmits hereinabove 
set forth. Approved June 12, 1956. 



Acts, 1956. — Chaps. 450, 451. 307 



An Act further providing for the establishment of a ChavAbO 

SYSTEM OF tourist ROUTES THROUGHOUT THE COMMON- 
WEALTH. 

Be it enacted, etc., as follows: 

Section 1. The department of public works, the depart- 
ment of natural resources and the department of commerce, 
acting as a joint board, are hereby authorized and directed 
to establish a system of tourist routes throughout the com- 
monwealth for the purpose of providing access to or con- 
necting existing and proposed pubUc forests, parks, reserva- 
tions and beaches, traversing, where possible, regions of 
historic, scenic, geographic and recreational interest and, so 
far as is practicable, utiHzing secondary or Uttle-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 commerce dated 
January fifth, nineteen hundred and fifty-five, and with due 
consideration to the availabihty 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 
altered, extended or discontinued. The department of pubUc 
works is directed to designate such tourist routes appro- 
priately by means of signs, symbols or markers in order to 
facilitate 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 purposes of this act, including the printing and distribu- 
tion of tourist route maps, the unexpended balance of item 
2900-1 1 of section two of chapter seven hundred and eighty- 
four of the acts of nineteen hundred and fifty-five and such 
sums as may be appropriated therefor. 

Section 2. Chapter 110 of the resolves of 1955 is hereby Repeal. 
repealed. Approved June 12, 1966. 

An Act providing for the reinstatement of Harriet (Jfiaj) 45 J 
M. higgin in the service of the department of mental 

HEALTH for THE SOLE PURPOSE OF RETIREMENT. 

Be it enacted, etc., as follows: 

Any provision of law to the contrary notwithstanding, the 
department of mental health may reinstate Harriet M. 
Higgin in the service of said department for the sole purpose 
of retirement. Upon such reinstatement said Harriet M. 
Higgin shall be retired as of the date of such reinstatement 
under the provisions of chapter thirty-two of the General 
Laws apphcable thereto. Approved June 12, 1966. 



308 Acts, 1956. — Chaps. 452, 453. 

ChapA52 An Act relative to certain appeals filed with the 

APPELLATE TAX BOARD. 

Be it enacted, etc., as follows : 

G.L. (Ter.^^ SECTION 1. Chapter 59 of the Genera] Laws is hereby 
§ 65b, added, amended by inserting after section 65C, inserted by section 
1 of chapter 476 of the acts of 1953, the following section: — 
Appellate tax Section 65D. If a person having an interest in a parcel of 
grant a°bate- real cstate files with the appellate tax board within the time 
^rtofn^iTppeais. pi'escribed by section sixty-five an appeal with respect to a 
tax assessed thereon, after having paid on account of such 
tax the amount prescribed by section sixty-five B but by 
reason of mistake not having paid the amount required 
under section sixty-five, said board, upon motion filed 
within two months after the discovery of such mistake, may 
grant upon such appeal such abatement, if any, as the 
assessors by agreement with such person may determine, 
au^ect. Section 2, If in the j^ear nineteen hundred and fifty- 

five or in the current year before the eftective date of this 
act a person having an interest in a parcel of real estate 
filed with the appellate tax board within the time prescribed 
by section sixty-five of chapter fifty-nine of the General 
Laws an appeal with respect to a tax assessed thereon, after 
having paid on account of such tax the amount prescribed 
by section sixty-five B of said chapter but by reason of 
mistake not having paid the amount required under said 
section sixty-five, said board, upon motion filed within two 
months after the effective date of this act or after the dis- 
covery of such mistake, whichever is later, may grant upon 
such appeal, whether or not theretofore withdrawn or dis- 
missed, such abatement, if any, as the assessors by agree- 
ment with such person may determine. 

Approved June 12, 1956. 



ChapA5S -^N Act relative to state reimbursement to certain 

TOWNS IN REGIONAL SCHOOL DISTRICTS. 

Be it enacted, etc., as follows : 

G^L. (Ter. Chapter 70 of the General Laws is hereby amended by 

§14A%dded^ mserting after section 4 the following section: — Section JfA. 

state reim- In any towu of Icss than five thousand population which is 

certain towns B. member of a regional school district, the amount of the 

sch'^o/'districts. grant under section three shall not be less than the amount 

of the last annual grant made under said section to such 

town next prior to the year in which it became eUgible to 

receive the aid provided in section three B. 

Approved June 12, 1956. 



Acts, 1956. — Chaps. 454, 455, 456. 309 



An Act relative to the licensing of certain persons QJiQ/n 454 

CONNECTED WITH HORSE AND DOG RACING. 

Be it enacted, etc., as fallows: 

Chapter 128 A of the General Laws is hereby amended by o. i-. (Ter. 
striking out section 9A, inserted by section 6 of chapter 454 fgi'ltc.t' 
of the acts of 1935, and inserting in place thereof the follow- amended.' 
ing section; — Section 9 A. For the purpose of enabling the Rules and 
commission to exercise and maintain a proper control over mfy'cont"oi 
horse and dog racing conducted under the provisions of this fees, etc. 
chapter, the rules, regulations and conditions prescribed by 
the commission under section nine may provide for the 
licensing and registering at reasonable and uniform fees, of 
agents, assumed names, colors, partnerships and minor 
agreements and may provide for the Ucensing at reasonable 
and uniform fees of owners, trainers, jockeys and stable 
employees at horse tracks and owmers and trainers of dogs 
participating in such racing. Such rules and regulations 
may also pro\dde for the suspension and revocation of 
licenses so granted and for the imposition on persons so 
licensed of reasonable forfeitures and penalties for the viola- 
tion of any rule or regulation prescribed by the commission 
and for the use of the proceeds of such penalties and forfei- 
tures. Approved June 12, 1956. 



An Act authorizing the essex county agricultural ChapA55 

SCHOOL TO establish CERTAIN COURSES IN VOCATIONAL 

education. 

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

Section 35 of chapter 74 of the General Laws, as appear- o. l. (Ter. 
ing in the Tercentenary Edition, is hereby amended by f^enled.^^^' 
striking out the second sentence and inserting in place 
thereof the following sentence : — The Essex county agri- Certain 
cultural school may establish, equip and maintain, with the vo^ttonai 
approval of the commissioner, a household arts school and authorized. 
such other types of vocational education described in sec- 
tions one to twenty-two, inclusive, as the trustees deem 
advisable. Approved June 12, 1956. 



An Act making appropriations for the fiscal year (Jf^aj) 456 

ending JUNE thirtieth, NINETEEN HUNDRED AND FIFTY- 
SIX, TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING 
APPROPRIATIONS. 

Be it enacted, etc., as follows. • 

Section 1. To provide for supplementing certain appro- 
priations previously made, the sums set forth in section two 
of this act are hereby made available from the funds desig- 
nated in said section, to be in addition to any amounts at 
present available for the purpose, subject to the provisions 



310 Acts, 1956. — Chap. 456. 

of law regulating the disbursement of public funds and the 
approval thereof and the conditions pertaining to said ap- 
propriations in chapter seven hundred and six and chapter 
seven hundred and eighty-four of the acts of nineteen hun- 
dred and fifty-five. 
Section 2. 



STATE PURPOSES APPROPRIATIONS. 

APPROPRIATIONS MADE FROM THE GENERAL FUND. 
Service of the Leg^islature. 

Item 

Senate. 

0101-07 "1 From the unexpended balance remaining in 
0101-05 J item 0101-07 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of two 
hundred and twenty dollars is hereby trans- 
ferred and made available for the purposes 
of item 0101-05 of section two of chapter 
seven hundred and eighty-four of the acts 
of nineteen hundred and fifty-five. 
0101-07 \ From the unexpended balance remaining in 
0101-52 / item 0101-07 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of five 
hundred dollars is hereby transferred and 
made available for the purposes of item 
0101-52 of section two of chapter seven 
hundred and eighty-four of the acts of 
nineteen hundred and fifty-five. 

House of Representatives. 

0101-07 \ From the unexpended balance remaining in 
0102-05 j item 0101-07 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of two 
hundred and twenty dollars is hereby trans- 
ferred and made available for the purposes 
of item 0102-05 of section two of chapter 
seven hundred and eighty-four of the acts 
of nineteen hundred and fifty-five. 
1105-01 "1 From the unexpended balance remaining in 
0102-06 / item 1105-01 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of 
three thousand three hundred and fifty 
dollars is hereby transferred and made 
available for the purposes of item 0102-06 
of section two of chapter seven hundred and 
eighty-four of the acts of nineteen hundred 
and fifty-five. 
1105-01 "1 From the unexpended balance remaining in 
0102-52 J item 1105-01 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of one 
thousand dollars is hereby transferred and 
made available for the purposes of item 
0102-52 of section two of said chapter 
seven hundred and six. 



Acts, 1956. — Chap. 456. 



311 



Item 
2820-34 
0110-02 



1727-00 
0110-04 



1727-00 
0110-05 



1727-00 
0110-11 



1727-00 
0266-07 



OtJier Expenses. 

From the unexpended balance remaining in 
item 2820-34 of section two of chapter 
seven hundred and eighty-four of the acts 
of nineteen hundred and fifty-five, the sum 
of fifteen thousand dollars is hereby trans- 
ferred and made available for the purposes 
of item 0110-02 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five. 

From the unexpended balance remaining in 
item 1727-00 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of 
thirty thousand dollars is hereby trans- 
ferred and made available for the purposes 
of item 0110-04 of section two of said 
chapter seven hundred and six. 

PVom the unexpended balance remaining in 
item 1727-00 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of 
eight thousand dollars is hereby trans- 
ferred and made available for the purposes 
of item 0110^05 of section two of said 
chapter seven hundred and six. 

From the unexpended balance remaining in 
item 1727-00 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of 
seven thousand six hundred and fifty dol- 
lars is hereby transferred and made avail- 
able for the purposes of item 0110-11 of 
section two oi chapter seven hundred and 
eighty-four of the acts of nineteen hundred 
and fifty-five. 

Special Investigations. 

From the unexpended balance remaining in 
item 1727-00 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of two 
thousand five hundred dollars is hereby 
transferred and made available for the 
purposes of item 0256-07 of section two of 
chapter seven hundred and eighty-four of 
the acts of nineteen hundred and fifty-five, 
and said item 0256-07 is hereby amended 
by adding at the end thereof the following: 
— appropriation expires June thirtieth, 
nineteen hundred and fifty-seven. 



1712-00 
0305-04 



Service of the Judiciary. 

I Superior Court. 

From the unexpended balance remaining in 
item 1712-00 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of six 
hundred dollars is hereby transferred and 
made available for the purposes of item 
0305-04 of section two of said chapter seven 
hundred and six. 



312 



Acts, 1956. — Chap. 456. 



Item 
1712-00 
0308-01 



2820-34 
0359-01 



Judicial Council. 

From the unexpended balance remaining in 
item 1712-00 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of one 
hundred and twenty-five dollars is hereby 
transferred and made available for the 
purposes of item 0308-01 of section two 
of said chapter seven hundred and six. 

District Attorneys. 

From the unexpended balance remaining in 
item 2820-34 of section two of chapter 
seven hundred and eighty-four of the acts 
of nineteen hundred and fifty-five, the sum 
of five hundred dollars is hereby trans- 
ferred and made available for the purposes 
of item 0359-01 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five. 



Service of the Executive Department. 

New England Governors' Committee on Public Transportation. 

1105-01 1 From the unexpended balance remaining in 
0408-01 / item 1105-01 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of 
eight thousand five hundred and fifty- 
seven dollars is hereby transferred and 
made available for the purposes of item 
0408-01 of section two of chapter seven 
hundred and eighty-four of the acts of nine- 
teen hundred and fifty-five. 



1712-00 
0421-01 



0420-02 
0424-01 



Service of the Military Division. 

Adjutant General. 
Militia: 
From the unexpended balance remaining in 
item 1712-00 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of five 
thousand two hundred dollars is hereby 
transferred and made available for the 
purposes of item 0421-01 of section two of 
said chapter seven hundred and six. 

State Quartermaster. 

From the unexpended balance remaining in 
item 0420-02 of section two of chapter 
seven hundred and eighty-four of the acts 
of nineteen hundred and fifty-five, the sum 
of three thousand nine hundred and ten 
dollars is hereby transferred and made 
available for the purposes of item 0424-01 
of section two of chapter seven hundred 
and six of the acts of nineteen hundred and 
fifty-five. 



Acts, 1956. — Chap. 456. 



313 



Boards and Cominissions serving under Governor and Council. 



Item 

3606-01 
0450-03 



3506-01 
0493-01 



Slate Superintendent of Buildings. 

From the unexpended balance remaining in 
item 3506-01 of section two of chapter 
seven hundred and eighty-four of the acts 
of nineteen hundred and fifty-five, the sum 
of thirty thousand dollars is hereby trans- 
ferred and made available for the purposes 
f)f item 0450-03 of section two of said 
chapter seven hundred and eighty-four and 
said item 0450-03 is hereby amended by 
adding at the end thereof the following: — 
appropriation expires June thirtieth, nine- 
teen hundred and fifty-seven. 

State Airport Management Board. 

From the unexpended balance remaining in 
item 3506-01 of section two of chapter 
seven hundred and eighty-four of the acts 
of nineteen hundred and fifty-five, the sum 
of thirty-ff)ur thousand dollars is hereby 
transferred and made available for the pur- 
poses of item 0493-01 of section two of said 
chapter seven hundred and eighty-four, 
and said item 0493-01 is hereby amended 
by adding at the end thereof the following: 
— ; provided, that notwithstanding the 
provisions of section eight A of chapter 
twenty-nine of the General Laws, a claim 
in the amount of one thousand six hun- 
dred dollars is authorized to be paid to 
cover emergency repairs for damages 
caused to a crash truck at Logan Airport 
on January twenty-third, nineteen hun- 
dred and fifty-six. 



0440-33 
1201-03 
1203-01 
1727-00 
2820-34 
0604-03 



Service of the Treasurer and Receiver-General. 

State Board of Retirement. 

From the unexpended balances remaining in 
item 1727-00 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fiftv-five and items 
0440-33, 1201-03, 1203-01 and 2820-34 of 
section two of chapter seven hundred and 
eighty-four of the acts of nineteen hundred 
and fifty-five, the sum of one hundred and 
eighty-f^ine thousand dollars from said item 
1727-00, the sum of twenty-five thousand 
dollars from said item 0440-33, the sum of 
five thousand dollars from 1201-03, the 
sum of forty-five thousand dollars from 
said item 1203-01, and the sum of twenty 
thousand dollars from said item 2820-.34 
is hereby transferred and made available 
for the purposes of item 0604-03 (^f section 
two of said chapter seven hundred and 
eighty-four, and said item 0604-03 is 
hereby amended in line sixteen by insert- 
ing after the word "security" the words: — 
and the department of public health. 



314 Acts, 1956 —Chap. 456. 



Sendee of the Department of the Attorney General. 

Item 
1105-01 "I From the unexpended balance remaining in 
0802-01 / item 1105-01 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of 
fifteen thousand dollars is hereby trans- 
ferred and made available for the purposes 
of item 0802-01 of section two of said 
chapter seven hundred and six. 



Service of the Department of Education. 

Teachers^ Retirement Board. 

1727-00 1 From the unexpended balances remaining in 
3616-01 [ items 1727-00 and 3516-01 of section two of 
1319-08 J chapter seven hundred and six of the acts 
of nineteen hundred and fifty-five, the sum 
of three hundred and twenty thousand dol- 
lars from said item 1727-00 and the sum 
of thirty thousand dollars from said item 
3516-01 is hereby transferred and made 
available for the purposes of item 1319-08 
of section two of chapter seven hundred 
and eighty-four of the acts of nineteen 
hundred and fifty-five. 

Service of the Department of Civil Service and Registration. 

Division of Registration. 
For the service of the following agencies in the division: 

1712-00 \ From the unexpended balance remaining in 
1420-01 / item 1712-00 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of 
three hundred and twenty-five dollars is 
hereby transferred and made available for 
the purposes of item 1420-01 of section two 
of said chapter seven hundred and six. 

Service of the Department of Public Welfare. 

1901-03 \ From the unexpended balance remaining in 
1901-04 / item 1901-03 of section two of chapter 
seven hundred and eighty-four of the acts 
of nineteen hundred and fifty-five, the sum 
of sixteen thousand dollars is hereby trans- 
ferred and made available for the purposes 
of item 1901-04 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five. 

Service of the Department of Public Works. 

Division of Waterways. 

3506-01 \ From the unexpended balance remaining in 

2202-07 / item 3506-01 of section two of chapter 

seven hundred and eighty-four of the acts 

of nineteen hundred and fifty-five, the sum 



Acts, 1956. — Chap. 456. 315 

Item 

of twenty-seven thousand five hundred dol- 
lars is hereby transferred and made avail- 
able for the purposes of item 2202-07 of 
section two of said chapter seven hundred 
and eighty-four. 

Service of the Department of Public Utilities. 

2301-02 1 From the unexpended balance remaining in 

2301-09 / item 2301-02 of section two of chapter 
seven hundred and eighty-four of the acts 
of nineteen hundred and fifty-five, the sum 
of two thousand dollars is hereby trans- 
ferred and made available for the purposes 
of item 2301-09 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five. 

Non-Contributory Pensions. 

1712-00 1 From the unexpended balance remaining in 

2811-02/ item 1712-00 of section two of chapter 
seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of 
ninety thousand dollars is hereby trans- 
ferred and made available for the purposes 
of item 2811-02 of section two of said chap- 
ter seven hundred and six. 



APPROPRIATION MADE FROM THE HIGHWAY FUND. 
Service of the Department of Public Works. 

Highway Activities. 

2900-08 For the cost of snow and ice control on state 
highways and town roads, including the 
removal of sand and other additional ex- 
penses in connection therewith, prior ap- 
propriation continued .... $175,000 00 

Service of the Metropolitaji District Commission. 

The following item is to be paid with the ap- 
proval of the Metropolitan District Com- 
mission: 

2931-06 Item 2931-06 of section two of chapter seven 
hundred and eighty-four of the acts of nine- 
teen hundred and fifty-five is hereby 
amended by adding at the end thereof the 
following: — ; and, provided further, that 
a certain claim in the amount of one thou- 
sand four hundred and eighty dollars and 
fifty-nine cents on account of contract num- 
ber six hundred and five, project D-six, 
may be paid from this item with the ap- 
proval of the attorney general. 



316 



Acts, 1956. — Chap. 456. 



APPROPRIATIONS MADE FROM THE VETERANS' SERVICES 

FUND. 



[tem 

0501-02 
3530-07 



0501-02 
3530-43 



0501-02 
3530-44 



0501-02 
3530-45 



Miscellaneous. 

From the balance remaining in item 0501-02 
of section two of chapter seven hundred 
and eighty-four of the acts of nineteen 
hundred and fifty-five, the sum of one 
thousand dollars is hereby transferred and 
made available for the purposes of the fol- 
lowing item: — 

3530-07 For the representation of the 
commonwealth at the conven- 
tion of the American Gold Star 
Mothers, as authorized by chap- 
ter fifty-one of the resolves of the 
current year, and including cer- 
tain expenses incurred in previ- 
ous years as authorized by chap- 
ter thirty-six of the resolves of 
nineteen hundred and fifty-four 
From the balance remaining m item 0501-02 
of section two of chapter seven hundred 
and eighty-four of the acts of nineteen hun- 
dred and fifty-five, the sum of one thousand 
dollars is hereby transferred and made 
available for the purposes of the following 
item : — 

3530-43 For the representation of the 
commonwealth at the conven- 
tion of the Veterans of For- 
eign Wars of the United 
States, as authorized by chap- 
ter six of the resolves of the 
current year. 
From the balance remaining in item 0501-02 
of section two of chapter seven hundred 
and eighty-four of the acts of nineteen 
hundred and fifty-five, the sum of five 
hundred dollars is hereby tran,sferred and 
made available for the purposes of the fol- 
lowing item: — 

3530-44 For the representation of the 
commonwealth at the conven- 
tion of the Army and Navy 
Union, U. S. A., as authorized 
by chapter eleven of the re- 
solves of the current year. 
From the balance remaining in item 0501-02 
of section two of chapter seven hundred 
and eighty-four of the acts of nineteen hun- 
dred and fifty-five, the sum of one thou- 
sand dollars is hereby transferred and made 
available for the purposes of the following 
item: — 

3530-45 For the representation of the 
commonwealth at the conven- 
tion of the Marine Corps 
League, as authorized by 
chapter five of the resolves of 
the current year, appropria- 
tion expires June thirtieth, 
nineteen hundred and firty- 
seven. 



Acts, 1956. — Chap. 456. 317 



Item 
0501-02 1 From the balance remaining in item 0501-02 
3530-42 J of section two of chapter seven hundred 
and eighty-four of the acts of nineteen 
hundred and fifty-five, the sum of one 
thousand dollars is hereby transferred and 
made available for the purposes of the fol- 
lowing item: — 

3530-42 For the representation of the 
commonwealth at the conven- 
tion of the Jewish War Vet- 
erans of the United States of 
America, as authorized by 
chapter sixty-five of the re- 
solves of the current year. 



APPROPRIATIONS PAYABLE FROM THE MOSQUITO CON- 
TROL FUND. 

Service of the State Reclamation Board. 

3917-00 For the investigation, maintenance and con- 
struction of mosquito control works, as au- 
thorized by chapter three hundred and 
forty-one of the acts of the current year to 
be assessed in the calendar year nineteen 
hundred and fifty-six; provided that not- 
withstanding the provisions of said chapter 
three hundred and forty-one any amounts 
paid in accordance with section one of said 
chapter may be expended in addition to 
sums provided in this item and the assess- 
ments made upon cities or towns shall be 
adjusted to allow for amounts so paid; 
and further provided that the total ex- 
penditures made from this item shall not 
exceed seventy thousand dollars; appro- 
priation expires June thirtieth, nineteen 
hundred and fifty-seven .... $59,700 00 

8601-08 1 The unexpended balances of items 8601-08, 
8602-08 8602-08, 8602-15, and 8602-41 are hereby 
8602-15 !" reappropriated and made available through 
8602-41 I June thirtieth, nineteen hundred and fifty- 
8601-23 J seven, for the purposes of item 8601-23. 

DEFICIENCIES. 

For deficiencies in certain appropriations 
of previous years: 

1712-00 1 From the unexpended balance remaining in 
2899-00 / item 1712-00 of section two of chapter 
.seven hundred and six of the acts of nine- 
teen hundred and fifty-five, the sum of six 
thousand eight hundred and eighty-five 
dollars is hereby transferred and made 
available for the purposes of item 2899-00 
of section two of chapter seven hundred 
and eighty-four of the acts of nineteen 
hundred and fifty-five. 

Section 2A. For the purpose of making available for 
expenditure in the fiscal year nineteen hundred and fifty- 
seven certain balances of appropriations which otherwise 
would revert on June thirtieth, nineteen hundred and fifty- 



318 Acts, 1956. — Chaps. 457, 458. 

six, the unexpended balances of the items shown below are 
hereby reappropriated and made available for expenditure 
until June thirtieth, nineteen hundred and fifty-seven: 
2220-42 2931-56 8602-61 

2220-43 7786-02 8702-21 

2220-57 8601-24 8702-22 

2900-13 8601-30 8702-23 

2931-04 8601-32 8702-33 

2931-12 8601-34 8902-22 

2931-25 8602-14 8902-37 

2931-52 8002-35 8902-58 

2931-53 8602-38 8902-82 

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-six, and, notwithstanding the provisions 
of section fourteen of chapter twenty-nine of the General 
Laws, the unexpended balances of the bond issues shown 
below are hereby made available for expenditure until June 
thirtieth, nineteen hundred and fifty-seven. 

Chapter 599 of the Acts of 1951 
Chapter 757 of the Acts of 1951 
Chapter 771 of the Acts of 1951 
Chapter 682 of the Acts of 1955. 

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

Approved June 12, 1956. 



ChapA67 An Act designating a portion of state highway, route 

27, IN the city of BROCKTON AS THE REYNOLDS ME- 
MORIAL HIGHWAY. 

Be it enacted, etc., as follows: 

Section 1. That portion of state highway. Route 27, 
located in the city of Brockton between Pleasant street and 
state highway Route 138 shall be known and designated as 
the Reynolds Memorial Highway, in honor of Nathaniel and 
Thomas Reynolds, original settlers of Brockton Heights. 
The state department of public works shall erect thereon 
suitable markers bearing said designation. 

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

Approved June 16, 1956. 



ChapA5S An Act authorizing the greylock reservation com- 
mission to acquire certain woodland adjacent to 
the greylock state reservation. 

Be it enactedy etc., as follows: 

Section 1. The Greylock reservation commission is 
hereby authorized and directed to acquire on behalf of the 



Acts, 1956. — Chap. 459. 319 

commonwealth by purchase, or by eminent domain under 
chapter seventy-nine of the General Laws, a certain tract 
of woodland comprising approximately one thousand acres 
adjoining the Greylock state reservation and fronting on the 
New Ashford road and extending south below the Rockwell 
road toward the town of Lanesborough, for the purpose of 
enlarging said reservation and extending its land to the 
highway. Hunting and fishing shall be permitted in said 
tract of land, subject to the provisions of chapter one hundred 
and thirty-one of the General Laws. For the purposes of 
this act said commission may expend such sums as may be 
appropriated therefor. 

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

Approved June 15, 1956. 



An Act authorizing and directing the metropolitan ChavA59 

DISTRICT COMMISSION TO CONVEY A CERTAIN PARCEL OF 
LAND IN CAMBRIDGE TO THE CITY OF CAMBRIDGE. 

Be it enacted, etc., as follows: 

Section I. Notwithstanding the provisions of chapter 
four hundred and ninety-one of the acts of nineteen hundred 
and fifty-one, the metropoUtan district commission in the 
name and behalf of the commonwealth, with the approval 
of the Metropohtan Transit Authority, is hereby authorized 
and directed to convey to the city of Cambridge for nominal 
consideration, for street purposes, a certain parcel of land in 
said Cambridge bounded and described as follows : — 
Beginning at a point in the western boundary of land now or 
late of Gerald W. Blakely, Jr. et als. Trustees, distant 
193.45 feet on bearing south 16° 22' 16" east from the easterly 
corner of land now or late of Marshall B. Dalton et als, 
Trustees (Land Court Case No. 25,650), thence south 
16° 22' 16" east by said land now or late of Blakely et als. 
Trustees, and by Acorn Park presently laid out as a public 
way, a distance of 47.04 feet; thence turning and running 
north 89° 26' 46" west by land now or formerly of the Com- 
monwealth of Massachusetts, a distance of 612.54 feet; 
thence turning and running in a northeasterly direction by a 
curved line with a radius of 904.80 feet, a distance of 30.95 
feet; thence turning shghtly and running along a curved line 
with a radius of 5453.83 feet, a distance of 97.82 feet, the 
last two lines being by land of said Dalton et als. Trustees; 
thence turning and running south 89° 26' 46" east by other 
land now or formerly of the Commonwealth of Massa- 
chusetts, a distance of 478.21 feet to the point of beginning, 
the second and last described lines being parallel and 45 feet 
apart at right angles, containing 24,486 square feet, being the 
land marked "Proposed Extension of Acorn Park, on Plan of 
Land in Cambridge and Arlington, William S. Crocker, 
Civil Engineer, dated November 18, 1955", and on file at 
the offices of the metropolitan district commission. 



320 



Acts, 1956. — Chaps. 460, 461. 



Section 2, This conveyance shall be subject to such ease- 
ments for drainage or otherwise as shall be determined by the 
metropolitan district commission. 

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

Approved June 16, 1956. 



G. L. (Ter. 
Ed.). 62, § 6, 
amended. 



Allowance for 
depreciation, 
etc., of 
property. 



ChapAQO An Act providing for allowance for depreciation 

AND obsolescence OF CERTAIN FISHING VESSELS IN COM- 
PUTING TAXES ON INCOME. 

Be it enacted, etc., as follows: 

Section 1. Clause (h) of section 6 of chapter 62 of the 
General Laws, as appearing in the Tercentenary Edition, is 
hereby amended by striking out, in lines 2, 3 and 4, the words 
" , except such ships and vessels as are described in section 
eight of chapter fifty-nine,", — so as to read as follows: — 
(6) A reasonable allowance for depreciation and obsolescence 
of property within such year, and for depletion within the 
year of wasting assets owned by the person taxed and used 
in the profession, employment, trade or business; provided, 
that with the approval of the commissioner a taxpayer may, 
in lieu of the aforesaid allowance for depreciation and obso- 
lescence, be allowed to deduct actual expenses of replacement 
of capital and extraordinary repairs, and with such approval 
may in any year defer such deductions in whole or in part to 
one or more subsequent years. 

Section 2. Clause (g) of said section 6 of said chapter 62, 
as amended by chapter 436 of the acts of 1935, is hereby 
further amended by striking out, in hnes 3, 4 and 5, the 
words "except such ships and vessels as are described in 
section eight of chapter fifty-nine,", — so as to read as 
follows: — (g) An amount equal to five per cent of the 
assessed value, less the amount of all mortgages thereon, of 
the stock in trade and other tangible property, real and per- 
sonal, owned by the person taxed and used or employed in 
the profession, employment, trade or business within the 
commonwealth, on the day as of which such property is 
assessed in the year for which the income is computed; but 
this deduction shall be allowed only from gross income, as 
defined in this section, exclusive of gains from the sale of 
capital assets. 

Section 3. This act shall apply to taxable years com- 
mencing after December thirty-first, nineteen hundred and 
fifty-six. Approved June 15, 1956. 



G. L. (Ter. 
Ed.), 62, § 6, 
etc., further 
amended. 



Deductions 
from certain 
income. 



ChapAQl An Act authorizing the new Bedford licensing board 
to grant an all alcoholic beverages club license to 
the polish american national club of new bedford. 

Be it enacted, etc., as follows: 

Notwithstanding any other provisions of law, the licensing 
board of the city of New Bedford is hereby authorized to 



Acts, 1956. — Chaps. 462, 463, 464. 321 

issue to the Polish American National Club of New Bedford 
a license to sell all alcoholic beverages to be drunk on its 
premises to members and bona fide guests only. Said license 
shall not be transferable to any other licensee. 

Approved June 16, 1956. 



An Act relative to creditable service credits for ChapAQ2 

CERTAIN members OF THE GENERAL COURT AND CONSTI- 
TUTIONAL OFFICERS UPON THEIR RETIREMENT. 

Be it enacted, etc., as follows: 

Notwithstanding any other provision of law, any member 
of the general court or any constitutional officer, who was in 
the service of the commonwealth as such on June fourteenth, 
nineteen hundred and forty-eight, and who became a mem- 
ber of the state employees' retirement system under the pro- 
visions of chapter six hundred and sixty of the acts of nine- 
teen hundred and forty-seven, as amended by section three 
of chapter five hundred and eighty-nine of the acts of nine- 
teen hundred and forty-eight, shall, upon his retirement, be 
entitled to creditable service for all services rendered by him 
as a member of the general court or as a constitutional offi- 
cer prior to July eighteenth, nineteen hundred and fifty-five, 
although he had attained age seventy prior to said date; 
provided, that regular deductions on his regular compensa- 
tion for all such services have been paid into the annuity 
savings fund of the state employees' retirement system in 
accordance with the provisions of section two of chapter 
five hundred and fifty-four of the acts of nineteen hundred 
and fifty-five. Approved June 15, 1956. 

An Act relative to the taxation of securities of cer- (7/iap.463 

TAIN religious, CHARITABLE AND EDUCATIONAL CORPO- 
RATIONS. 

Be it enacted, etc., as follows: 

Section 12 of chapter 63 of the General Laws is hereby g. l. (Ter. 
amended by adding at the end the following paragraph: — amended. ' 

(q) Bonds, notes and certificates of indebtedness of any 
religious, charitable or edwcational corporation organized 
under the laws of the commonwealth. 

Approved June 15, 1956 

An Act designating that portion of state highway, Chav.^'^^ 

ROUTE 28, IN the city OF MEDFORD AS THE JAMES C. 
GILLIS MEMORIAL HIGHWAY. 

Be it enacted, etc., as follows: 

So much of state highway Route 28 as is located in the 
city of Medford shall upon its completion be designated and 
known as the James G. Gillis Memorial Highway and suit- 



322 Acts, 1956. — Chap. 465. 

able tablets and markers bearing said designation shall be 
erected at appropriate places thereon by the department of 
public works. Approved June 15, 1956. 

ChapAQ5 An Act providing for the construction of an addi- 
tional VEHICULAR CROSSING BETWEEN BOSTON PROPER 
AND EAST boston; CREATING THE MASSACHUSETTS PORT 
AUTHORITY AND DEFINING ITS POWERS AND DUTIES; PRO- 
VIDING 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 IMPROVING THE 
STATE-OWNED AIRPORTS AND PORT OF BOSTON FACILITIES; 
AND PROVIDING FOR THE TRANSFER TO SAID AUTHORITY 
OF SAID EXISTING TUNNEL, BRIDGE, AIRPORTS AND PORT 
FACILITIES. 

Be it enacted, etc., as folloius: 

Section 1. Definitions. — As used in this act, the follow- 
ing words and terms shall have the following meanings, 
unless the context shall indicate another or different meaning 
or intent : — 

(a) The words "additional crossing" shall mean either a 
tunnel or a bridge, as may be determined by the Authority 
with the approval of the department of pubHc works, for 
vehicular traffic to be constructed under the provisions of 
this act between Boston proper and the East Boston section 
of said city and shall embrace such entrance plazas, build- 
ings, equipment, appurtenances and facihties for parking and 
storing motor vehicles as the Authority may deem necessary 
for the efficient operation of the Sumner tunnel and the 
additional crossing and the elimination of traffic congestion 
at their approaches, together with all property, rights, ease- 
ments, and interests acquired or leased by the Authority 
for the construction of the additional crossing and its facih- 
ties or the operation of both crossings. 

(b) The term "airport properties" shall include the Gen- 
eral Edward Lawrence Logan International Air^jort, here- 
after called the Logan Airport, and Laurence G. Hanscom 
Field, together with all buildings and other facilities and all 
equipment, appurtenances, property, rights, easements and 
interests acquired or leased by the commonwealth in con- 
nection with the construction or the operation thereof and 
in charge of the state airport management board. 

The term "airport properties" shall not be construed to 
mean that part of Logan Airv)ort now under lease to the 
United States of America nor that part of Logan Airport 
now used or controlled by the military division of the com- 
monwealth for purposes of the air national guard. 

(c) The word "Authority" shall mean the Massachusetts 
Port Authority created by section two or, if said Authority 
shall be abolished, the board, body or commiasion succeed- 



Acts, 1956. — Chap. 465. 323 

ing to the principal functions thereof or to whom the powers 
given by this act to the Authority shall be given by law. 

(d) The word "board" shall mean the board of commis- 
sioners of sinking funds of the city of Boston. 

(e) The word "city" shall mean the city of Boston. 

(/) The word "cost", as applied to the additional cross- 
ing or any additional facihty financed under the provisions 
of this act or any extensions, enlargements or improvements 
of any project, shall embrace the cost of construction or 
acquisition, the cost of all labor, materials, machinery and 
equipment, the cost of all lands, property, rights, easements 
and interests acquired by the Authority in connection with 
the project, financing charges, interest prior to and during 
construction and for one year after completion of construc- 
tion, cost of removal or relocation of any public utilities 
facilities, cost of traffic estimates and of engineering and 
legal services, plans, specifications, surveys, estimates of cost 
and of revenues, other expenses necessary or incident to de- 
termining the feasibihty or practicabihty of the project, ad- 
ministrative expense, and such other expense as may be 
necessary or incident to the construction of the additional 
crossing or the construction or acquisition of such additional 
facility or such extensions, enlargements or improvements, 
the financing thereof and the issuance of revenue bonds 
under the, provisions of this act and placing the project in 
operation. Any obligation or expense hereafter incurred at 
the request of the Authority by the department of public 
works, the metropolitan district commission or by the pubUc 
works department of the city or by any other governmental 
agency for engineering and legal services in connection with 
the construction of a project and the financing thereof shall 
be regarded as a part of the cost of the project and shall be 
assumed and paid by the Authority, or reimbursed to the 
commonwealth or to the city or to such agency out of the 
proceeds of the revenue bonds hereinafter authorized. 

(g) The term "current expenses" shall mean the Author- 
ity's reasonable and necessary current expenses of maintain- 
ing, repairing and operating the projects and shall include, 
without limiting the generahty of the foregoing, all admin- 
istrative expenses, insurance premiums, fees and expenses of 
the Trustee, engineering expenses relating to operation and 
maintenance, legal expenses, charges of the paying agents, 
any taxes which may be lawfully imposed on the Authority 
or its income or operations or the property under its control 
ari reserves for such taxes, ordinary and usual expenses of 
maintenance and repair, which may include expenses not 
annually recurring, and any other expenses required to be 
paid by the Authority under the provisions of the trust 
agreement hereinafter mentioned or by law, but shall not 
include any reserves for operation, maintenance or repair, 
whether current or non-annually recurring, or any allow- 
ance for depreciation or transfers to the credit of the sinking 
fund for the revenue bonds. ^ 



324 Acts, 1956. — Chap. 465. 

(h) The term "fiscal year" shall be deemed to be the pe- 
riod commencing on the first day of July and ending on the 
last day of June of the following year. 

(t) The words "Mystic River bridge" shall mean the 
bridge heretofore constructed and financed by the Mystic 
River Bridge Authority under the provisions of chapter five 
hundred and sixty-two of the acts of nineteen hundred and 
forty-six, as amended by chapter six hundred and twenty- 
six of the acts of nineteen hundred and forty-seven and by 
chapter four hundred and thirty-two of the acts of nineteen 
hundred and fifty-four, together with its approaches and 
approach facilities and all buildings and other facilities con- 
structed, and all equipment, appurtenances, property, rights, 
easements and interests acquired or leased, by the Mystic 
River Bridge Authority in connection with the construction 
or the operation thereof. 

(j) The term "Mystic River Bridge Revenue Bonds" 
shall mean the bonds, dated September first, nineteen hun- 
dred and forty-seven, and designated "Mystic River Bridge 
Authority Bridge Revenue Bonds (Boston-Chelsea Bridge)", 
which were issued by the Mystic River Bridge Authority 
under the provisions of said chapter five hundred and 
sixty-two of the acts of nineteen hundred and forty-six, as 
amended, for paying the cost of the Mystic River bridge. 

(k) The term "port properties" shall embrace all lands, 
piers and other structures and facilities and all equipment, 
appurtenances, property, rights, easements and interests ac- 
quired or leased by the commonwealth in the port of Boston 
and in charge of the port of Boston commission. 

The term "port of Boston" shall mean all of the tide- 
water lying westerly of the following described line: Point 
Allerton to the northeasterly side of Green island, thence to 
the southerly point of Deer island, thence to the northeast- 
erly corner of President Roads anchorage basin, thence along 
the northerly side of said anchorage basin, thence along the 
westerly end of said anchorage basin and a line in extension 
thereof to the northerly fine of the thirty-five-foot main 
ship channel, thence along the northerly line of the main 
ship channel to the Bird island anchorage basin, thence 
along the easterly end and northerly side of said Bird island 
anchorage basin to an intersection of the southeasterly side 
line of Jeffries street extended southwesterly, thence north- 
easterly along said line extended and the southeasterly side 
line of Jeffries street to Maverick street, excepting there- 
from all of the tidewater now or formerly in the cities of 
Somerville, Cambridge, and Boston bounded on the seaward 
side by a line beginning at a point in the Charlestown section 
of the city of Boston having co-ordinates X = 718,435.88 
and Y = 499,894.43 on the Massachusetts Co-ordinate Sys- 
tem (Mainland Zone) as established by chapter forty-seven 
of the acts of nineteen hundred and forty-one, and extending 
thence, crossing the Charles river by a Une bearing south 
27" 50' 07" east, parallel to and approximately sixty feet 



Acts, 1956. — Chap. 465. 325 

easterly from the center line of the Charlestown bridge to 
the northerly street line of Commercial street; thence fol- 
lowing said street line northeasterly, easterly and south- 
easterly to the easterly street line of Atlantic avenue ; thence 
following said line of Atlantic avenue and an extension 
thereof southerly to a point on the extension of a line par- 
allel to the center line of the Northern avenue bridge and 
approximately fifty feet distant southwesterly therefrom; 
thence following said line parallel to the center line of 
Northern avenue bridge south 61° 23' 02" east to the inter- 
section of said line and the harbor line of the westerly side 
of Fort Point channel as estabhshed by section two of chap- 
ter one hundred and seventy of the acts of eighteen hun- 
dred and eighty; thence southwesterly by said harbor line 
to point I of the harbor line estabhshed by section two of 
said chapter one hundred and seventy; thence southwesterly 
by the harbor line by the arc of a circle having a radius of 
three hundred and thirty-eight feet about one hundred and 
fifty-seven feet to point H' as estabhshed by section one of 
chapter two hundred and seventy-eight of the acts of nine- 
teen hundred and twenty-nine; thence by the harbor line 
to the left by the arc of a circle having a radius of seven hun- 
dred and fifty feet to a point G', said G' being the intersec- 
tion of said arc and the harbor fine as estabhshed by section 
one of chapter two hundred and thirty-two of the acts of 
eighteen hundred and seventy-three. 

(/) The word "project" shall mean the Mystic River 
bridge, the Sumner tunnel, the additional crossing, the air- 
port properties, the port properties, or any additional facility 
financed or acquired under the provisions of this act, to- 
gether with all property, rights, easements and interests per- 
taining thereto or acquired for the construction or the oper- 
ation thereof. 

(w) The word "series" shall apply to any revenue bonds 
or revenue refunding bonds issued serially under the provi- 
sions of sections eight, nine or nineteen, or to any additional 
bonds of the same series issued under the provisions of sec- 
tion ten. 

(n) The words "Sumner tunnel" shall mean the vehicular 
tunnel under Boston harbor heretofore constructed and fi- 
nanced by the city under the provisions of chapter two hun- 
dred and ninety-seven of the acts of nineteen hundred and 
twenty-nine, as amended by chapter two hundred and eighty- 
seven of the acts of nineteen hundred and thirty-two, by 
chapters seventy-four, three hundred and twelve and four 
hundred and fifty-five of the acts of nineteen hundred and 
thirty-five, and by chapter ninety-three of the acts of nine- 
teen hundred and thirty-seven, and refinanced under the 
provisions of chapter three hundred and sixty-one of the 
acts of nineteen hundred and forty-five, together with all 
entrance plazas and buildings constructed, and all equipment, 
appurtenances, property, rights, easements and interests ac- 
quired or leased by the city in connection with the construe- 



326 Acts, 1956. — Chap. 465. 

tion or the operation of the tunnel; but excluding street 
approaches and additional street and traffic improvements 
and land or easements therein acquired for the same under 
the provisions of said chapter two hundred and eighty-seven 
of the acts of nineteen hundred and thirty-two and exclud- 
ing lands or easements therein used as a printing plant and 
police station under chapter thirty of the acts of nineteen 
hundred and thirty-one as originally enacted or as amended 
by chapter twenty-three of the acts of nineteen hundred and 
thirty-two. 

(o) The term "traffic tunnel bonds" shall mean the bonds 
diied August first, nineteen hundred and forty-five, and 
dfsij^.nated as Traffic Tunnel Retirement Bonds, City of 
Bost n, Act of 1945, which were issued by the city under 
■fihv provisions of chapter three hundred and sixty-one of the 
•>'ts of nineteen hundred and forty-five to provide funds to 
ie< t the payment, at their earliest redemption dates and 
t'ie interest thereon to such dates, of the bonds designated 
at. Traffic Tunnel Bonds, City of Boston, Act of 1929, Traffic 
Tunnel Bonds, City of Boston, Act of 1929, Series B, and 
Traffic Tunnel Bonds, City of Boston, Act of 1929, Series C, 
which were issued by the city under the provisions of said 
chapter two hundred and ninety-seven, as amended, and 
said term shall include all bonds of said Series C not here- 
tofore redeemed. 

(p) Th word "treasurer" shall mean the treasurer and 
receiver-j}, ^ra of the commonwealth. 

(g) Th Old "Trustee" shall mean the bank or trust 
company ' ng as trustee under the trust agreement here- 
inafter m oned. 

(r) 'ih irm "trust agreement" shall mean the trust 
agreer.-ier c made and entered into by and between the 
Authority and the Trustee under the provisions of section 
twelve. 

Section 2. Massachusetts Port Authority. — There is 
hereby created and placed in the department of public works 
a body politic and corporate to be known as the Massachu- 
setts Port Authority, which shall not be subject to the super- 
vision or regulation of the department of public works or of 
any department, commission, board, bureau or agencj' of the 
commonwealth except to the extent and in the manner pro- 
vided in this act. The Authority is hereby constituted a pub- 
lic instrumentality and the exercise by the Authority of the 
powers conferred by this act shall be deemed and held to be 
the performance of an essential governmental function. 

The Authority shall consist of seven members all of whom 
shall be appointed by the governor by and with the ad /ice 
and consent of the council, and shall be residents of the com- 
monwealth. Not more than four of such members shall be 
of the same poUtical party, and shall include persons with ex- 
tensive experience in the fields of engineering, finance and 
commerce, and shall include a bona fide representative of a 
national or international labor organization, free of com- 



Acts, 1956. — Chap. 465. 327 

munist influence or domination which organization shall have 
the nature of its interests and employment directly and con- 
tinually related to the scope of the activity of the Authority. 
The members of the Authority first appointed shall continue 
in ofiice for terms expiring on June thirtieth, nineteen hun- 
dred and sixty, June thirtieth, nineteen hundred and sixty- 
one, June thirtieth, nineteen hundred and sixty-two, June 
thirtieth, nineteen hundred and sixty-three, June thirtieth, 
nineteen hundred and sixty-four, June thirtieth, nineteen 
hundred and sixty-five, and June thirtieth, nineteen hun- 
dred and sixty-six, respectively, the term of each such mem- 
ber to be designated by the governor and to continue until 
his successor shall be duly appointed and qualified. The suc- 
cessor of each such member shall be appointed for a term of 
seven years and until his successor shall be duly appointed 
and qualified, except that any person appointed to fill a 
vacancy shall serve only for the unexpired term. Any mem- 
ber of the Authority shall be eligible for reappointment. 
Each member of the Authority may be removed by the gov- 
ernor, with the advice and consent of the council, for mis- 
feasance, malfeasance or willful neglect of duty but only 
after reasonable notice and a public hearing unless the same 
are in writing expressly waived. Each member of the Au- 
thority before entering upon his duties shall take an oath 
before the governor to administer the duties of his office 
faithfully and impartially, and a record of such oaths shall 
be filed in the office of the secretary of the commonwealth. 

The governor shall designate one of the members as chair- 
man of the Authority who shall serve as such chairman dur- 
ing his term of office as a member. Upon the expiration of 
the term of office of any such chairman, the governor shall 
designate one of the members as chairman, who shall serve 
as such chairman during his term or the remainder of his 
term of office as a member. The Authority shall annually 
elect one of its members as vice-chairman and shall also 
elect a secretary-treasurer who need not be a member of the 
Authority. 

The secretary-treasurer shall keep a record of the proceed- 
ings of the Authority and shall be custodian of all books, 
documents and papers filed with the Authority and of the 
minute book or journal of the Authority and of its official 
seal. He shall have authority to cause copies to be made of 
all minutes and other records and documents of the Au- 
thority and to give certificates under the official seal of the 
Authority to the effect that such copies are true copies, and 
all persons deahng with the Authority may rely upon such 
certificates. 

Four members of the Authority shall constitute a quorum 
and the affirmative vote of four members shall be necessary 
for any action taken by the Authority. No vacancy in the 
membership of the Authority shall impair the right of a 
quorum to exercise all the rights and perform all the duties 
of the Authority. 



328 Acts, 1956. — Chap. 465. 

Before the issuance of any revenue bonds under the 
provisions of this act the secretary-treasurer of the Au- 
thority shall execute a surety bond in the penal sum of one 
hundred thpusand dollars, such surety bond to be condi- 
tioned upon the faithful performance of the duties of his 
office, to be executed by a surety company authorized to 
transact business in the commonwealth as surety and to be 
approved by the attorney general and filed in the office of 
the secretary of the commonwealth. 

The members of the Authority shall serve without com- 
pensation, but each member shall be reimbursed for all 
necessary travel and other expenses incurred by him in the 
discharge of his official duties. 

Section 3. General Grant of Powers. — The Authority 
is hereby authorized and empowered — 

(a) To adopt by-laws for the regulation of its affairs and 
the conduct of its business, and to fix penalties for the viola- 
tion thereof; provided, however, that no penalty shall be 
in excess of one hundred dollars except as otherwise pro- 
vided in section twenty-three; 

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

(c) To maintain offices at such place or places, either 
within or without the commonwealth, as it may determine ; 

{d) To sue and be sued in its own name, plead and be 
impleaded ; 

(e) To construct the additional crossing at such location 
as shall be approved by the department of pubhc works, 
and to construct or acquire additional facihties; 

(/) Except as provided in chapter three hundred and 
fifty-four of the acts of nineteen hundred and fifty-two, as 
amended from time to time, to investigate the necessity 
for additional facilities for the development and improve- 
ment of commerce in the city and in the metropolitan area 
surrounding the city and for the more expeditious handfing 
of such commerce, including but not hmited to, additional 
traffic facilities, bus and truck terminals, off-street parking 
facilities, and facilities for the handling, storage, loading or 
unloading of freight or passengers at steamship, railroad or 
motor terminals or airports, and to make such studies, 
surve3'^s and estimates as may be necessary to determine the 
feasibility of any such facility; and further to investigate 
the operations, financing and traffic of the Metropohtan 
Transit Authority, to make such studies, surveys and esti- 
mates as may be necessary in addition to or in connection 
with those made by other pubhc or private agencies to de- 
termine the feasibility of acquiring the properties of said 
authority as a facility of the Authority, and to report thereon 
to the governor and general court not later than two years 
from the effective date of this act; 

{g) To extend, enlarge, improve, rehabihtate, lease as 
lessor or as lessee, maintain, repair and operate the projects 
under its control, and to establish rules and regulations for 
the use of any such project; provided, however, that no 



Acts, 1956. — Chap. 465. 329 

such rules or regulations shall conflict with the rules and 
regulations of any state or federal regulatory body having 
jurisdiction over the operation of aircraft; and provided, 
further, that in the enforcement of such rules and regula- 
tions the poHce appointed or employed by the Authority 
under section twenty-three shall have within the boundaries 
of all projects all the powers of police officers and constables 
of the towns of the commonwealth except the power of 
serving and executing civil process ; 

(h) To issue its revenue bonds, payable solely from 
revenues, as hereinafter provided ; 

(z) To fix and revise from time to time and charge and 
collect tolls, rates, fees, rentals and other charges for the 
use of any project under its control; provided, however, 
that in revising or fixing the tolls for the use of the Mystic 
River bridge or the Sumner tunnel or the additional crossing, 
the Authority shall give at least ten days' notice of the new 
schedule of tolls by publishing at least once in a daily news- 
paper of general circulation in the city; and provided, 
further, that no toll or charge for the use of the Sumner 
tunnel or the additional crossing shall be collected by the 
Authority for the passage of vehicles of the city or the 
Boston protective department or for the passage of am- 
bulances and no toll or charge for the use of any highway, 
bridge or tunnel of the Authority shall be collected for the 
passage of vehicles of the MetropoHtan Transit Authority 
except for use of the Sumner tunnel prior to the payment of 
all the traific tunnel bonds; 

(j) To acquire, hold and dispose of real and personal 
property in the exercise of its powers and the performance of 
its duties under this act; 

(k) 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 or any other alternative method 
now or hereafter provided by law, in so far as such provi- 
sions may be applicable, such pubhc or private lands, or parts 
thereof or rights therein, and public or private ways as it 
may deem necessary for carrying out the provisions of this 
act; provided, that the Authority shall act in its name and 
on its behalf in exercising its functions under this clause; 
and, provided, further, that before taking any private prop- 
erty the Authority shall give security to the treasurer, in 
such amount and in such form as may be determined by the 
department of pubfic works, for the payment of such dam- 
ages as may be awarded in accordance with law for such tak- 
ing, and that the provisions of section forty of said chapter 
seventy-nine, in so far as the same may be apphcable, shall 
govern the rights of the Authority and of any person whose 
property is so taken ; and provided, further, that nothing in 
this act shall be construed to confer upon the Authority the 
power to take by eminent domain under existing or future 



330 Acts, 1956. — Chap. 465. 

statutes any part of Logan Airport now under lease to the 
United States of America nor that part of Logan Airport now 
used or controlled by the military division of the common- 
wealth for purposes of the air national guard. 

(l) To employ consulting engineers, accountants, attor- 
neys, construction, financial and other experts, superintend- 
ents, managers, 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 
funds provided under the authority of this act; 

(m) To appear in its own behalf before boards, commis- 
sions, departments or other agencies of the federal govern- 
ment and other states and international conferences and be- 
fore committees of the congress of the United States and the 
general court of the commonwealth in all matters relating to 
its powers and purposes; 

(n) To make application for, receive and accept from any 
federal agency grants for or in aid of the planning, construc- 
tion or financing of any project or any additional facihty, 
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; 

(o) 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. 

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

Section 4. Acquisition of Property. — The Authority is 
hereby authorized and empowered to acquire by purchase, 
whenever it shall deem such purchase expedient, any land, 
property, rights, rights of way, franchises, easements and 
other interests in lands as it may deem necessary or con- 
venient for the construction or for the operation of any 
project, upon such terms and at such price as may be con- 
sidered by it to be reasonable and can be agreed upon be- 
tween the Authority and the owner thereof, and to take title 
thereto in the name of the Authority. 

The Authority may, for the purposes of this act, acquire 
in its own name by purchase or otherwise, or may take by 
eminent domain under chapter seventy-nine of the General 
Laws or any other alternative method now or hereafter pro- 
vided by law, lands in fee including buildings thereon, and 
easements, estates and rights in land, including the right to 
go under the surface thereof, or through or under buildings 
or parts of buildings thereon, or any leasehold rights, or 
other rights therein, or relative thereto; such takings in fee 
or otherwise may be made, whether the lands or other rights 
taken or otherwise affected are held under or by title derived 
by eminent domain or otherwise, and the Authority may, 
for such purposes, acquire in its own name by purchase or 
otherwise, or may take any property and rights of any kind 
deemed by it essential for the construction or for the opera- 



Acts, 1956. — Chap. 465. 331 

tion of any project. A taking or purchase under this sec- 
tion of an easement or other estate air right or other right 
in a particular parcel of real estate, or any right taken, 
whether such parcel or other right taken consists of unim- 
proved land or of land and buildings or rights of any nature, 
may be confined to a portion or section of such parcel or 
right fixed by planes of division, or otherwise, below or 
above or at the surface of the soil, and in such case no taking 
need be made of upper or lower portions, or other parts or 
section thereof, except of such easements therein, if any, as 
the Authority may deem necessary. The Authority shall, 
so far as may be practicable, notify all known owners of 
such taking, but the vahdity thereof shall not be affected by 
want of such notice. 

Nothing in this act shall be construed to confer upon the 
Authority the power to take by eminent domain under ex- 
isting or future statutes any part of Logan Airport now 
under lease to the United States of America, nor that part 
of Logan Airport now used or controlled by the military di- 
vision of the commonwealth for purposes of the air national 
guard. 

The Authority may sell the buildings or other structures 
upon any lands taken by it, or may remove the same, and 
may sell, if a sale be practicable, or if not, may lease, if a 
lease be practicable, any lands or rights or interest in lands 
or other property taken 'or purchased for the purposes of 
this act, whenever the same shall, in the opinion of the 
Authority, cease to be needed for such purpose. The pro- 
ceeds of any such sale or lease shall be applied toward the 
cost of the project or deposited to the credit of the sinking 
fund for the revenue bonds issued under the provisions of 
this act; provided, however, that no airport or port proper- 
ties acquired from the commonwealth under the provisions 
of this act shall be sold without the prior approval of the 
governor and council; and provided, further, that the pro- 
ceeds of any such sale shall be paid to the treasurer and shall 
be credited as provided in paragraph (a) of section seven. 

The Authority may order the removal or relocation of any 
surface tracks, and the removal or relocation of any conduits, 
pipes, wires, poles or other property located in pubhc ways 
or places, or in or upon private lands, which it deems to 
interfere with the la3dng out, construction or operation of 
any project, and the proper authorities shall grant new loca- 
tions for any such structure so removed or relocated, and 
the owner thereof shall be reimbursed by the Authority for 
the reasonable cost of such removal or relocation. Such 
orders, to the extent specified therein, shall be deemed a 
revocation of the right or license to maintain such tracks, 
pipes, conduits, wires, poles or other property in such pubhc 
ways or places, and the private owner of any such structures 
in public ways or lands shall comply with such orders. If 
any such owner shall fail to comply with any such order of 
the Authority relating to any such structure in pubhc ways 



332 Acts, 1956. — Chap. 465. 

and places within a reasonable time, to be fixed in the order, 
the Authority may discontinue and remove such tracks, 
conduits, pipes, wires, poles or other property, and may 
relocate the same, and the cost of such discontinuance, re- 
moval or relocation shall be repaid to the Authority by the 
owner. No such discontinuance, removal or relocation shall 
entitle the owner of the property thus affected to any dam- 
ages on account thereof, except for the reimbursement of 
cost provided for above. Any such structure in or upon pri- 
vate lands may be removed and relocated by the Authority, 
or, if removed and relocated by the owner thereof, the rea- 
sonable expense shall be repaid to him by the Authority. 
This section shall not apply to facihties on property of 
the commonwealth under the control of the department of 
pubUc works or the metropolitan district commission or in- 
stalled under Hcenses or permits granted by said department 
or commission, except with its approval. 

This section shall not apply to that part of Logan Airport 
now under lease to the United States of America nor that 
part of Logan Airport now used or controlled by the mihtary 
division of the commonwealth for purposes of the air national 
guard. 

The city may place and maintain in the Sumner tunnel 
and in or on the additional crossmg at its own cost but 
without payment of any charge or rental such wire and 
apparatus as may be necessary for its police and fire alarm 
service, to be used, however, exclusively for such service 
and to be so placed as the Authority may determine. 

The Authority may place and maintain or may grant 
permission to any corporation or person to place and main- 
tain within or on the additional crossing ducts or other 
structures, to be so located as not to interfere with the safe 
and convenient operation and maintenance of the crossing 
and other apparatus which the city is herein permitted to 
place therein or thereon, and may contract with any such 
person or corporation for such permission or for the use 
of such ducts or other structures at such rate of rental as 
may be fixed by the Authority. The construction, mainte- 
nance and repairs of any such ducts or other structures shall 
be subject to such directions and regulations as the Authority 
may impose. 

The Authority and its authorized agents and employees 
may enter upon any lands, waters and premises in the 
commonwealth for the purpose of making surveys, sound- 
ings, drillings and examinations as it may deem necessary 
or convenient for the purposes of this act, and such entry 
shall not be deemed a trespass, nor shall an entry for such 
purposes be deemed an entry under any condemnation 
proceedings which may be then pending. The Authority 
shall make reimbursement for any actual damages resulting 
to such lands, waters and premises as a result of such activi- 
ties. 

The commonwealth hereby consents to the use of all 



Acts, 1956. — Chap. 465. 333 

lands owned by it, including lands lying under water, which 
are deemed by the Authority to be necessary for the con- 
struction or operation of any project; provided, however, 
that any such use shall require the prior approval of the 
governor and council, except as otherwise specifically pro- 
vided in this act. 

Section 5. Airport Properties. — Title to the airport 
properties shall be vested in the Authority upon the pay- 
ment to the treasurer on the date of such transfer of: (o) 
a sum equal to the aggregate principal amount of all bonds 
of the commonwealth issued under the provisions of chapter 
three hundred and eighty-three of the acts of nineteen hun- 
dred and forty-five, chapter five hundred and sixteen of 
the acts of nineteen hundred and forty-six, chapter six 
hundred and seventy-six of the acts of nineteen hundred 
and forty-seven, chapter six hundred and fifty-two of the 
acts of nineteen hundred and forty-eight, chapter seven 
hundred and forty-five of the acts of nineteen hundred and 
forty-nine, chapter seven hundred and sixty of the acts of 
nineteen hundred and fifty and chapters seven hundred and 
thirty-one and seven hundred and thirty-three of the acts 
of nineteen hundred and fifty-one and outstanding on April 
thirtieth, nineteen hundred and fifty-six, which sum shall 
be certified by the treasurer; and (b) as of the date of trans- 
fer by the commonwealth a sum equal to the aggregate 
cash payments under the provisions of chapter seven hun- 
dred and fifty-six of the acts of nineteen hundred and fifty- 
one, chapter six hundred and four of the acts of nineteen 
hundred and fifty-two, chapter six hundred and sixty of 
the acts of nineteen hundred and fifty-three, chapter four 
hundred and seventy-one of the acts of nineteen hundred 
and fifty-four, and chapters one hundred and seventy-five, 
seven hundred and thirty-eight and seven hundred and sixty- 
nine of the acts of nineteen hundred and fifty-five for the 
development of or improvements to the airport properties, 
which sum shall have been warranted and certified by the 
state comptroller. 

Thereupon, the possession of the airport properties shall 
be transferred to the Authority and there shall be vested in 
the Authority the control, operation and maintenance of the 
airport properties and all rents, tolls, charges and revenues 
pertaining thereto, provided, however, that the Authority 
shall assume all of the obligations and have the benefit of 
all of the rights of the commonwealth in and to all leases, 
contracts and agreements relating to the airport properties 
and existing on the date of the transfer. The treasurer shall 
pay to the Authority, upon certification by the state comp- 
troller, a sum equal to the unexpended cash balances of the 
proceeds of the bonds referred to in (a) above available on 
the date of the transfer. The treasurer shall collect for the 
commonwealth all accounts receivable as certified by the 
state airport management board outstanding on the date 
of transfer. Upon title to the airport properties becoming 



334 Acts, 1956. — Chap. 465. 

vested in the Authority, the state airport management board 
shall be dissolved. 

Section 6. Port Properties. — Upon the issuance of rev- 
enue bonds under the provisions of section eight and the 
appUcation of the proceeds of said bonds as provided in said 
section eight (1), (2), (3) and (4), title to the port properties 
shall be vested in the Authority and the possession of the 
port properties shall be transferred to the Authority; pro- 
vided, however, that the Authority shall pay to the treas- 
urer within the first ninety days of each fiscal year the net 
revenues of the preceding fiscal year, if any, of the port 
properties, including any extensions, enlargements and im- 
provements thereof, after deducting therefrom an amount 
equal to the principal and interest requirements of such pre- 
ceding fiscal year as computed by the Authority for all 
bonds issued under the provisions of section eight {g) and 
section nine for the purpose of constructing any extensions, 
enlargements or improvements of said properties, together 
with a sum which represents the amount of the overhead 
costs of the Authority allocated to the port properties by 
the Authority. The term "net revenues" as applied to this 
section shall mean the revenues of said properties over and 
above the current expenses for said properties, reserves for 
such purposes, the cost of renewals and replacements and 
the cost of acquiring and installing equipment. 

The above payments shall continue until there shall have 
been paid to the treasurer (a) a sum equal to the aggregate 
cash payments by the commonwealth, as of the date of 
transfer of the title to the port properties, under the provi- 
sions of chapter four hundred and seventy-one of the acts 
of nineteen hundred and fifty-four and chapter seven hun- 
dred and thirty-eight of the acts of nineteen hundred and 
fifty-five for improvements to the port properties which shall 
have been warranted and certified by the state comptroller, 
and (6) a sum equal to the aggregate principal amount of all 
bonds of the commonwealth issued under the provisions of 
chapter six hundred and nineteen of the acts of nineteen 
hundred and forty-five, chapter five hundred and thirty-two 
of the acts of nineteen hundred and forty-seven, chapter 
seven hundred and seventy-one of the acts of nineteen hun- 
dred and fifty- one, chapter five hundred and five of the acts 
of nineteen hundred and fifty-two, chapter six hundred and 
forty-nine of the acts of nineteen hundred and fifty-three 
and chapter five hundred and seventy-five of the acts of 
nineteen hundred and fifty-four for the port properties and 
outstanding upon the date of the transfer and the interest 
paid thereon after said transfer, which sum shall be certified 
by the treasurer, less the unexpended cash balances of the 
proceeds of such bonds available upon said date of transfer, 
which balances shall be certified by the state comptroller 
and transferred to the Logan Airport and Port of Boston 
Bond Redemption Account established by section seven. 

Upon transfer of the port properties there shall be vested 



Acts, 1956. — Chap. 465. 335 

in the Authority the control, operation and maintenance of 
the port properties and all rents, tolls, charges and revenues 
pertaining thereto, provided, however, that the Authority 
shall assume all of the obligations and have the benefit of 
all of the rights of the commonwealth in and to all leases, 
contracts and agreements relating to the port properties and 
existing on the date of the transfer. The treasurer shall col- 
lect for the commonwealth all accounts receivable of the 
Port of Boston Commission outstanding on the date of 
transfer. Upon title to the port properties becoming vested 
in the Authority, the Port of Boston Commission shall be 
dissolved. 

Upon transfer of the port properties the Authority shall 
make all necessary plans for the development of the port of 
Boston. The Authority shall concern itself with the condi- 
tion and location of piers, switching, floatage, lighterage, 
rates, rules, regulations and practices, dockage, wharfage, 
water front labor conditions, grain elevator and warehouse 
facilities within the port of Boston. 

Upon transfer of the port properties the Authority may 
initiate or participate in any rate proceedings, or any hear- 
ings or investigations concerning the port of Boston, before 
any other body or official. 

Upon transfer of the port properties, all the rights, powers 
and duties pertaining to the Port of Boston Commission in 
respect to lands, rights in lands, flats, shores, waters and 
rights belonging to the commonwealth in tidewaters and in 
lands under water, within the port of Boston, and any other 
rights and powers vested by the laws of the commonwealth 
in the Port of Boston Commission in respect to the port of 
Boston not heretofore in this act expressly vested in or im- 
posed upon the Authority are hereby transferred to and 
hereafter shall be vested in and exercised by the Authority; 
provided, however, the department of public works, acting 
through the division of waterways, may, in accordance with 
such plans as it may adopt, not in conflict with the purposes, 
powers and plans for the development of the port of Boston 
or the Authority, excavate and dredge mooring basins for 
yachts and small craft, dredge channels, construct shore 
protection, remove hulks and wrecks, issue licenses and per- 
mits for filling, dredging, building of structures or excavating 
within the port of Boston, as defined in section one, provided 
no such license or permit shall be required to be obtained by 
the Authority. 

Section 7. Application of Airport and Port Payments. — 
(a) The proceeds received by the treasurer for the airport 
properties under clause (a) of section five shall be credited 
on the books of the commonwealth to an account to be known 
as the Logan Airport and Port of Boston Bond Redemption 
Account. Such proceeds shall be invested in securities ma- 
turing not later than the several earliest maturities of the 
^then outstanding bonds of the commonwealth which have 

3en issued for the airport properties and the port properties. 



Acts, 1956. — Chap. 465. 

The income from such investments, together with the pay- 
ments received by the commonwealth in accordance with 
section four of this act shall be credited to the Logan Air- 
port and Port of Boston Bond Redemption Account. The 
principal and interest on said bonds of the commonwealth 
falling due after the title to the airport properties and port 
properties shall have vested in the Authority in accordance 
with the terms of this act shall be paid without appropria- 
tion from the Logan Airport and Port of Boston Bond Re- 
demption Account. Upon retirement of said bonds of the 
commonwealth any balance then remaining in the Logan 
Airport and Port of Boston Bond Redemption Account 
shall be transferred to the General Fund and said account 
shall be abolished and any payments received thereafter by 
the treasurer in accordance with sections four and six shall 
be credited to the General Fund. 

(6) The proceeds received by the commonwealth for the air- 
port properties under clause (b) of section five shall be credited 
on the books of the commonwealth to the General Fund. 

(c) The payments received by the commonwealth on ac- 
count of the port properties under section six shall be credited 
on the books of the commonwealth to the General Fund. 

Section 8. Issuance of Revenue Bonds. — The Authority 
is hereby authorized and empowered to provide by resolution 
for the issuance of revenue bonds of the Authority, at one 
time or from time to time, for the purpose of providing funds 
for: — 

(a) Refunding the Mystic River Bridge Revenue Bonds 
then outstanding, including the payment of the redemption 
premium thereon ; 

(6) Paying to the city the sum of two miUion, six hundred 
nineteen thousand, three hundred and eighty dollars, in full 
satisfaction and on account of the net amounts heretofore 
paid by, and raised in the tax levies of, the city for Sumner 
tunnel operating deficits; 

(c) Paying to the city the sum of five milhon, three hun- 
dred thousand dollars, determined to be the amount in addi- 
tion to the sums payable under clauses (6) and {d) due the 
city in payment of just compensation for the tumiel; 

{d) Paying to the board sufficient funds to pay the prin- 
cipal of the traffic tunnel bonds then outstanding at their 
respective maturities or earliest practicable redemption dates 
as provided in clause (3) ; 

(e) Paying the cost of the additional crossing; 

(/) Making the payments to the treasurer which are pro- 
vided for in section five ; 

{g) Paying the cost of constructing such extensions, en- 
largements and improvements of the airport properties and the 
port properties as may be authorized by said resolution ; and 

Qi) Providing funds for paying the current expenses of the 
Authority prior to the time when the revenues of the proj- 
ects will be available for such purposes and for reimbursing 



Acts, 1956. — Chap. 465. 337 

the commonwealth for sums paid the Authority under sec- 
tion twenty-six. 

The proceeds of such bonds shall be deposited with the 
Trustee and applied as follows : — 

(1) Such amount of the proceeds as may be required for 
paying the principal of and the redemption premium on the 
Mystic River Bridge Revenue Bonds then outstanding shall 
be deposited with the trustee under the trust agreement se- 
curing said bonds in trust for the sole and exclusive purpose 
of paying such principal and redemption premium, and said 
bonds shall thereupon be called for redemption at the earhest 
practicable date. The amount required for paying the in- 
terest which will accrue on said bonds from the last interest 
payment date to the date designated for the redemption of 
said bonds shall be withdrawn from the Mystic River bridge 
interest and sinking fund, a special fund created under the 
provisions of said trust agreement, and applied to the pay- 
ment of such interest; 

(2) There shall be paid to the treasurer of the city for the 
general funds of the city the sums provided for in clauses (6) 
and (c); 

(3) Such amount of such proceeds shall be paid to the 
board as in addition to the securities, computed at principal 
face amount, and cash then held in the sinking funds for 
the Traffic Tunnel Bonds referred to in section thirteen will 
equal the aggregate principal amount of the then outstand- 
ing traffic tunnel bonds. The board shall invest such pro- 
ceeds in direct obhgations of, or obligations the principal of 
and the interest on which are unconditionally guaranteed 
by, the United States government having such maturities, 
not later than August first, nineteen hundred and sixty-five, 
as may be deemed by the board to be most practicable for 
paying the interest on and the principal of all of the out- 
standing traffic tunnel bonds at their respective maturities 
or earliest practicable redemption dates; 

(4) There shall be paid to the treasurer the sums pro- 
vided in section five; 

(5) The Trustee shall set aside from such proceeds such 
amount as may be provided in the trust agreement for 
paying the current expenses of the Authority prior to the 
time when the revenues of the projects will be available for 
such purpose; 

(6) The balance of such proceeds shall be deposited with 
the Trustee to the credit of a special fund or funds to be 
used solely for the payment of the cost of the additional 
crossing and the cost of the extensions, enlargements and 
improvements of the airport and port properties which shall 
be authorized by said resolution and shall be disbursed in 
such manner and under such restrictions as may be provided 
in the trust agreement. 

The provisions of this section relating to payments to be 
made to the city and the board for the Sumner tunnel shall 



338 Acts, 1956. — Chap. 465. 

within thirty days after the effective date of this act be 
submitted by the mayor of the city to the city council of 
the city for acceptance and if accepted by vote of said 
council or if not rejected by vote of said council within 
sixty days after the effective date of this act shall be pre- 
sumed to constitute the payment of just compensation for 
the Sumner tunnel. 

Section 9. Additional Revenue Bonds. — In addition to 
the bonds issued under the pro\dsions of section eight, the 
Authority is authorized and empowered, subject to such 
conditions, limitations and restrictions as may be set forth 
in the trust agreement, to provide by resolution for the 
issuance at one time or from time to time of revenue bonds 
of the Authority for the purpose of providing funds for 
paying the cost of acquiring or constructing any additional 
revenue producing facility the acquisition or construction 
and the financing of which by the Authority under the 
provisions of this act may hereafter be authorized by the 
general court (any such facility being herein called "addi- 
tional facility''), and of constructing any extensions, en- 
largements or improvements of any project then under the 
control of the Authority; provided, however, that no such 
additional facihty, extension or enlargement shall be con- 
structed which will impair the revenues to be derived from 
facilities constructed pursuant to chapter three hundred 
and fifty-four of the acts of nineteen hundred and fifty-two, 
as from time to time amended. 

Section 10. Provisions applicable to All Bonds. — The 
principal of and the interest on all bonds issued under the 
provisions of this act shall be payable solely from the funds 
provided therefor from revenues as herein provided. The 
bonds may be of one or more series but all bonds issued by 
the Authority shall be dated, shall bear interest at such 
rate or rates not exceeding four per centum per annum, 
shall mature at such time or times not exceeding forty years 
from their date, 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 and the manner of execution of the bonds, includ- 
ing any interest coupons to be attached thereto, 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 
without 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 dehvery of such bonds, such signature or such facsimile 
shall nevertheless be valid and sufficient for all purposes the 
same as if he had remained in office until such delivery. Not- 
withstanding any other provision of this act or any recitals 
in any bonds issued under the provisions of this act, all such 

/ 



Acts, 1956. — Chap. 465. 339 

bonds shall be deemed to be negotiable instruments under 
the laws of the commonwealth. The bonds may be issued 
in coupon or in registered form or both, as the Authority 
may determine, and provision may be made for the registra- 
tion of any coupon bonds as to principal alone and also 
as to both principal and interest, for the reconversion into 
coupon bonds or any bonds registered as to both principal 
and interest, and for the interchange of coupon and regis- 
tered bonds. The Authority may sell such bonds in such 
manner, either at public or private sale, and for such price 
as it may determine to be for the best interests of the Au- 
thority, 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 four per centum per annum, com- 
puted with relation to the absolute maturity of the bonds 
in accordance with standard tables of bond values, exclud- 
ing, however, from such computation the amount of any 
premium to be paid on redemption of any bonds prior to 
maturity. 

If the proceeds of the bonds of any series initially issued, 
by reason of increased construction costs or error in esti- 
mates or otherwise, shall be less than the amount required 
for the purpose for which such bonds are authorized, addi- 
tional bonds may in Uke manner be issued to provide the 
amount of such deficiency and shall be deemed to be of the 
same series and shall be entitled to payment from the same 
fund or funds as the bonds first issued without preference 
or priority of the bonds first issued. If the proceeds of such 
bonds shall exceed the amount so required, such excess 
shall be deposited to the credit of the sinking fund for such 
bonds or, if so provided in the trust agreement, may be 
appUed to the payment of any other project. 

Prior to the preparation of definitive bonds, the Authority 
may, under hke restrictions, issue interim receipts or tem- 
porary bonds, with or without coupons, exchangeable for 
definitive bonds when such bonds shall have been executed 
and are available for dehvery. The Authority may also 
provide for the replacement of any bonds which shall be- 
come mutilated or shall be destroyed or lost. Bonds may 
be issued by the Authority under the provisions of this act 
without obtaining the consent of any department, division, 
commission, board, bureau or agency of the commonwealth 
or the city, and without any other proceedings or the hap- 
pening of any other conditions or things than those pro- 
ceedings, conditions or things which are specifically required 
by this act. 

Section 11. Credit of Commonwealth or any Political 
Subdivision thereof not pledged. — Revenue bonds issued 
under the provisions of this act shall not be deemed to 
constitute a debt of the commonwealth or of any political 
subdivision thereof or a pledge of the faith and credit of 
the commonwealth or of any such poUtical subdivision, but 
such bonds shall be payable solely from the funds herein 



340 Acts, 1956. — Chap. 465. 

provided therefor from revenues. All such revenue bonds 
shall contain on the face thereof a statement to the effect 
that neither the Authority nor the commonwealth nor any 
pohtical subdivision thereof shall be obhgated to pay the 
same or the interest thereon except from revenues and that 
neither the faith and credit nor the taxing power of the 
commonwealth or any political subdivision thereof is pledged 
to the payment of the principal of or the interest on such 
bonds. 

All expenses incurred in carrying out the provisions of 
this act shall be payable solely from funds provided under 
the authority of this act and no hability or obligation shall 
be incurred by the Authority hereunder beyond the extent 
to which moneys shall have been provided under the provi- 
sions of this act. 

Section 12. Trust Agreement. — The bonds issued under 
the provisions of this act shall be secured by a trust agree- 
ment by and between the Authority and a corporate trustee, 
which may be any trust company or bank having the powers 
of a trust company within or without the commonwealth. 
Subject to section ten of chapter two hundred and ninety- 
seven of the acts of nineteen hundred and twenty-nine, as 
amended, and section thirteen of this act, such trust agree- 
ment may pledge or assign the tolls and other revenues of 
the projects on account of which the bonds secured by such 
trust agreement shall be issued, but shall not convey or 
mortgage any project or any part thereof. Such trust agree- 
ment shall contain such provisions for protecting and en- 
forcing the rights and remedies of the bondholders as may 
be reasonable and proper and not in violation of law, includ- 
ing covenants setting forth the duties of the Authority in 
relation to the acquisition or construction of any project and 
the extension, enlargement, improvement, maintenance, op- 
eration, repair and insurance of the projects and the custody, 
safeguarding and application of all moneys and may contain 
provisions for the employment of consulting engineers in 
connection with any such construction and the operation of 
such projects. It shall be lawful for any bank or trust com- 
pany incorporated under the laws of the commonwealth 
which may act as depositary of the proceeds of the bonds or 
of revenues to furnish such indemnifying bonds or to pledge 
such securities as may be required by the Authority. Such 
trust agreement shall set forth the rights and remedies of 
the bondholders and of the Trustee, and may restrict the 
individual right of action by bondholders. In addition to 
the foregoing, such trust agreement may contain such other 
provisions as the Authority may deem reasonable and proper 
for the security of the bondholders. All expenses incurred 
in carrying out the provisions of such trust agreement may 
be treated as an item of current expenses. 

Section 13. Operation of Bridge and Tunnel. — Upon the 
issuance of revenue bonds under the provisions of section 
eight and the application of the proceeds of said bonds as 



Acts, 1956. — Chap. 465. 341 

provided in said section eight (1), (2) and (3), title to the 
Mystic River bridge and to the Sumner tunnel shall be vested 
in the Authority, said bridge and tunnel shall thereafter be 
maintained, repaired and operated by the Authority, the 
trustee under the trust agreement securing the outstanding 
Mystic River Bridge Revenue Bonds shall deposit with the 
Trustee for the credit of the appropriate funds all moneys 
then in its hands which pertain to the Mystic River bridge, 
the Mystic River Bridge Authority shall be dissolved, and 
the treasurer of the city shall deposit with the Trustee for 
the credit of the appropriate funds created under the provi- 
sions of the trust agreement all moneys then in his hands 
which pertain to the Sumner tunnel excluding any moneys 
under the control of the board. The board shall continue 
to administer the second supplemental sinking fund for the 
outstanding Traffic Tunnel Bonds, City of Boston, Act of 
1929, Series C and the third supplemental sinking fund for 
the outstanding Trafhc Tunnel Retirement Bonds, City of 
Boston, Act of 1945, respectively, in such manner as to meet 
the payment of the interest on said bonds as the same shall 
become due and payable and to provide for the payment of 
the principal of said bonds as the same mature or for the 
redemption of said bonds at the earHest practicable redemp- 
tion dates. The board shall make a report to the Authority 
and to the Trustee within the first fifteen days of each fiscal 
year covering all receipts and disbursements and all securi- 
ties sold or purchased during the preceding fiscal year on 
account of each of said sinking funds and a detailed state- 
ment of the securities and cash then held by it and belong- 
ing to each of said sinking funds. Each such report shall 
also set forth what amount, if any, in addition to securities 
and cash held in said sinking funds, shall be deposited by the 
Authority with the board during the current fiscal year for 
the credit of each of said sinking funds in order to insure 
the payment of the interest on the outstanding bonds for 
which such sinking fund has been estabHshed as the same 
shall become due and payable and the payment of the prin- 
cipal of such bonds at their respective maturities or earliest 
practicable redemption dates, (the amounts so to be de- 
posited in any fiscal year for the credit of the sinking funds 
in this section and in section fourteen sometimes called the 
"sinking fund requirements for the outstanding tunnel 
bonds"). Each such report shall also set forth the date or 
dates during the current fiscal year on which the sinking fund 
requirements for the outstanding tunnel bonds are to be paid 
by the Authority and the Authority shall pay the same to 
the board on such date or dates. 

All traffic tunnel bonds shall be called for redemption and 
cancellation at the earhest date or dates permitted by their 
terms. 

Section 14. Revenues. — The Authority is hereby author- 
ized to fix, revise, charge and collect tolls, rates, fees, rentals 
and other charges for the use of each project, and to contract 



342 Acts, 1956. — Chap. 465. 

with any person, partnership, association or corporation de- 
siring the use of any part of a project and its approaches 
and appurtenances for any proper purpose, and to fix the 
terms, conditions, rents and rates or charges for such use in- 
cluding such commutation rate of a uniform nature for the 
users of the tunnel and bridge facihties as the Authority may 
deem desirable. Such tolls, rates, fees, rentals and other 
charges shall be so fixed and adjusted in respect of the ag- 
gregate thereof from the projects under the control of the 
Authority as to provide a fund sufficient with other revenues, 
if any, (a) to pay the current expenses of the Authority, 
(6) to meet any sinking fund requirements for the outstand- 
ing tunnel bonds, (c) to pay the principal of and the interest 
on all bonds issued under the provisions of this act as the 
same become due and payable, (d) to create reserves for such 
purposes, (e) to make any payments which may be required 
under the provisions of section six, (/) to provide funds for 
making the investigations, studies, surveys and estimates 
authorized in section three, and (g) to provide funds for 
paying the cost of renewals or replacements, the cost of 
acquiring or installing equipment and the cost of enlarging, 
extending, reconstructing or improving any project or 
projects. Such tolls, rates, fees, rentals and other charges 
shall not be subject to supervision or regulation by any de- 
partment, division, commission, board, bureau or agency of 
the commonwealth or any political subdivision thereof. 

The Authority is further authorized to pledge such amount 
of such tolls and other revenues, over and above the amounts 
necessary to pay such current expenses and to provide such 
reserves therefor as may be provided for in the trust agree- 
ment and to meet any sinking fund requirements for the 
outstanding tunnel bonds, to the payment of the interest on 
and the principal of the bonds issued under the provisions 
of this act. The moneys so pledged shall be set aside at such 
regular intervals and in such amounts as may be provided in 
the trust agreement in a sinking fund for the payment of 
such interest, principal and the redemption price or purchase 
price of such bonds. Such pledge shall be valid and binding 
from the time when the pledge is made; the tolls or other 
revenues or other moneys so pledged and thereafter received 
by the Authority shall immediately be subject to the lien of 
such pledge without any physical delivery thereof or further 
act, and the lien of any such pledge shall be valid and binding 
as against all parties having claims of any kind in tort, con- 
tract or otherwise against the Authority, irrespective of 
whether such parties have notice thereof. The balance of 
such tolls and other revenues not needed for such sinking 
fund requirements shall be applied to the purposes set forth 
in clauses (e), (/) and (g) of this section as may be provided 
in the trust agreement. 

No trust agreement by which a pledge is created need be 
filed or recorded except in the records of the Authority. The 



Acts, 1956. — Chap. 465. 343 

use and disposition of moneys to the credit of such sinking 
fund shall be subject to the provisions of the trust agreement. 
Except as may otherwise be provided in the trust agreement, 
such sinking fund shall be a fund for all such bonds without 
distinction or priority of one over another. 

Section 15. Trust Funds. — All moneys received pursu- 
ant to the authority 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 trust agreement shall provide that any officer 
to whom, or any bank or trust company to which, such 
moneys shall be paid shall act as trustee of such moneys and 
shall hold and apply the same for the purposes hereof, subject 
to such regulations as this act and the trust agreement may 
provide. 

Section 16. Remedies. — Any holder of bonds issued un- 
der the provisions of this act or of any of the coupons apper- 
taining thereto, and the Trustee, except to the extent the 
rights herein given may be restricted by the 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 the trust agreement, and may enforce and compel 
the performance of all duties required by this act or by the 
trust agreement to be performed by the Authority or by 
any officer thereof, including the fixing, charging and collect- 
ing of tolls, rates, fees, rentals and other charges for the use 
of the projects. 

Section 17. Exemption from Taxation. — 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 prosperity, and for the improvement 
of their health and living conditions, and as the operation 
and maintenance of the projects by the Authority will con- 
stitute the performance of essential governmental functions, 
the Authority shall not be required to pay any taxes or 
assessments upon any project or any property acquired or 
used by the Authority under the provisions of this act or 
upon the income therefrom, and the bonds issued under the 
provisions of this act, their transfer and the income there- 
from (including any profit made on the sale thereof) shall 
at all times be free from taxation within the commonwealth, 
and no property of the Authority shall be taxed to a lessee 
thereof under section three A of chapter fifty-nine of the 
General Laws; provided, however, that anything herein to 
the contrary notwithstanding, lands of the Authority, except 
lands acquired by the commonwealth under the provisions 
of chapter seven hundred and five of the acts of nineteen 
hundred and fifty-one, situate in that part of the city called 
South Boston and constituting a part of the Commonwealth 
Flats, and lands acquired by the Authority which were sub- 
ject to taxation on the assessment date next preceding the 



344 Acts, 1956. — Chap. 465. 

acquisition thereof, shall, if leased for business purposes, be 
taxed by the city or by any city or town in which the said 
land may be situated to the lessees thereof, respectively, in 
the same manner as the lands and buildings thereon would 
be taxed to such lessees if they were the owners of the fee, 
except that the payment of the tax shall not be enforced 
by any hen upon or sale of the lands, but a sale of the lease- 
hold interest therein and of the buildings thereon may be 
made by the collector of the city in the manner provided 
by law in case of non-payment of taxes for selling real estate, 
for the purpose of enforcing the payment of the taxes by 
such lessees to the city or town assessed under the provisions 
hereof. 

Section 18. Bonds Eligible for Investment. -^ Bonds is- 
sued under the provisions of this act are hereby made se- 
curities in which all public officers and public bodies of the 
commonwealth and its political subdivisions, all insurance 
companies, trust companies in their commercial departments 
and within the limits set by section forty of chapter one 
hundred and seventy-two of the General Laws, banking as- 
sociations, 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 the commonwealth may properly and 
legally invest funds, including capital in their control or 
belonging to them, and such bonds are hereby made obliga- 
tions which may properly and legally be made eligible for 
the investment of savings deposits and the income thereof 
in the manner provided by section fifty of chapter one hun- 
dred and sixty-eight of the General Laws. Such bonds are 
hereby made securities which may properly and legally be 
deposited with and received by any state or municipal of- 
ficer or any agency or political subdivision of the common- 
wealth for any purpose for which the deposit of bonds or 
other obligations of the commonwealth now or may here- 
after be authorized by law. 

Section 19. Revenue Refunding Bonds. — The Authority 
is hereby authorized to provide by resolution for the issuance 
of its revenue refunding bonds for the purpose of refunding 
any bonds then outstanding which shall have been issued 
under the provisions of this act, including the payment of 
any redemption premium thereon and any interest accrued 
or to accrue to the date of redemption of such bonds, and, 
if deemed advisable by the Authority, for either or both of 
the following additional purposes : — (a) constructing im- 
provements, extensions or enlargements of any project or 
projects and (6) paying all or any part of the cost of any 
additional facility or additional facilities. The issuance of 
such bonds, the maturities and other details thereof, the 
rights of the holders thereof, and the rights, duties and ob- 
ligations of the Authority in respect of the same, shall be 
governed by the provisions of this act in so far as the f"^me 
may be applicable. 



Acts, 1956. — Chap. 465. 345 

Section 20. Freedom from Competition. — After the ef- 
fective date of this act and so long as any bonds issued under 
the provisions of this act shall be outstanding, no bridge, 
tunnel or ferry for vehicular traffic shall be constructed by 
the commonwealth or any political subdivision thereof or by 
any public instrumentality other than the Authority, and 
no franchise shall be granted for the construction or opera- 
tion of a bridge, tunnel or ferry for vehicular traffic over, un- 
der or across Boston harbor or the Mystic river, within a 
distance of one mile from the center line of the Sumner tun- 
nel or the additional crossing or the Mystic River bridge, 
excepting, however, those waters lying west of the location 
of the Charlestown bridge now connecting Boston and 
Charlestown ; provided, however, that this section shall not 
apply to bridges or tunnels now or hereafter constructed or 
operated by the Metropolitan Transit Authority as part of 
its transit system and used solely for passage of vehicles 
operated by said authority. 

Section 21. Annual Reports. — On or before the thirtieth 
day of November in each year the Authority shall make an 
annual report of its activities for the preceding fiscal year to 
the governor and to the general court. 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 fiscal year by certified pubhc accountants and 
the cost thereof shall be treated as an item of current ex- 
penses. Such audits shall be deemed to be public records 
within the meaning of chapter sixty-six of the General Laws. 

Section 22. Transfer of Employees. — Upon the control 
of the Mystic River bridge, the Sumner tunnel, the airport 
properties or the port properties becoming vested in the Au- 
thority, the employees of said projects whose work is directly 
related to such projects shall be transferred to the Authority 
and shall continue to perform the same duties at a salary not 
less than theretofore and every employee so transferred who 
immediately prior to such transfer was subject to section 
nine A of chapter thirty or to chapter thirty-one of the Gen- 
eral Laws under a permanent appointment and who has 
served a probationary period shall continue to serve subject 
to the provisions of said section nine A of chapter thirty or 
to sections forty- three and forty-five of said chapter thirty- 
one as the case may be; whether or not thereafter reclassified, 
and shall retain all rights to holidays, sick leave and vacations 
in effect on the effective date of this act; provided, that any 
person transferred who was not subject to said section nine A 
or said chapter thirty-one and persons appointed after the 
effective date of this act shall not be subject to said section 
nine A of chapter thirty or to any provisions of said chapter 
thirty-one. 

Every employee who upon transfer to the Authority is 
covered by the group insurance provided by chapter thirty- 
two A of the General Laws shall continue in uninterrupted 



346 Acts, 1956. — Chap. 465. 

coverage and all other employees of the Authority are hereby 
likewise made eligible for said group insurance to the same 
extent as if they were employees of the commonwealth ; pro- 
vided, that the share of the commonwealth of the cost of such 
insurance shall, with respect to the employees of the Author- 
ity, be borne by said Authority. The Authority shall for- 
ward its contribution, together with all amounts "wdthheld 
from the salaries or wages of its employees as provided in 
paragraph (a) of section eight of said chapter thirty-two A 
and all amounts paid by an employee as provided in para- 
graph (b) of said section, to the state employees group in- 
surance commission at such time and in such manner as said 
commission may prescribe. 

Every employee who immediately prior to being trans- 
ferred to the Authority by this section is a member of the 
state retirement system or of the Boston retirement system 
or of the state-Boston retirement system shall continue to be 
a member thereof and subject to the laws applicable thereto. 
All other employees of the Authority shall be required to be- 
come members of the state retirement system in the same 
manner and subject to the same laws, rules and regulations 
as persons entering the employ of the commonwealth. Em- 
ployees of the Mystic River Bridge Authority upon becom- 
ing members of the state retirement system shall be al- 
lowed as creditable prior service the period of their employ- 
ment by the Mystic River Bridge Authority under federal 
old age and survivors insurance laws. The Authority shall 
deduct from the wages of its employees and pay over to the 
state retirement board or to the Boston retirement board, as 
the case may be, such sums as the commonwealth or the city 
would deduct and pay over if such person were an employee 
of the commonwealth or the city; and at such times as the 
commissioner of insurance shall from time to time pre- 
scribe, the Authority shall pay to the Boston retirement 
board such sums as said commissioner shall from time to 
time determine the city would be obUged to pay if such per- 
son were an employee of the city, including, in the case of a 
member of the Boston retirement system, accruals for prior 
service and accidental disability. 

The Authority shall reimburse the commonwealth and 
the city for its proportionate share of any amounts expended 
by the commonwealth and the city under the provisions of 
chapter thirty-two of the General Laws for retirement 
allowances to or on account of its employees. 

Every person who immediately prior to being transferred 
to the Authority was subject to the provisions of sections 
fifty-six to sixty, inclusive, of chapter thirty-two of the 
General Laws, shall continue subject to the provisions of 
said sections; provided, however, that the words "retiring 
authority", as used in said section shall mean the members 
of said Authority; and provided, further, that the amount 
of all retirement allowances payable under said sections by 



Acts, 1956. — Chap. 465. 347 

virtue of this act shall be paid by the Authority, and the 
commonwealth and the city shall reimburse the Authority 
for their proportionate share of any amounts so paid. Upon 
the retirement of any such person under said sections fifty- 
six to sixty, inclusive, the state retirement board or the 
Boston retirement board shall refund to the person so re- 
tired the amount of his accumulated deductions and, if 
such person was a member of the Boston retirement system, 
shall refund to the Authority all other payments made on 
behalf of such person. 

Section 23. Miscellaneous. — Any member, agent or 
employee of the Authority who contracts with the Authority 
or is interested, either directly or indirectly, in any contract 
with the Authority or in the sale or lease of any property, 
either real or personal, to, or in the purchase or lease of any 
property from, 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. 

The Authority may call upon the department of public 
works, the metropolitan district commission, the depart- 
ment of commerce, the department of public safety, the 
planning board of the city, and such other state or city 
boards, commissions, divisions or agencies as may be deemed 
advisable for the purposes of assisting in making investiga- 
tions, studies, surveys and estimates, in policing the projects 
and in effecting the design and construction of the additional 
crossing, and the Authority may arrange for payment for 
such services and expenses of said agencies in connection 
therewith. 

All maps, charts, plans, records and all other related 
documents and equipment pertaining to the acquisition, 
construction, maintenance and operation of the airport 
properties and the port properties which are in the possession 
of the division of building construction of the commission on 
administration and finance, the state airport management 
board and the Port of Boston Commission upon the transfer 
of those properties to the Authority shall be transferred and 
delivered to the Authority. 

Upon the transfer of the Sumner tunnel to the Authority 
as provided in section thirteen, all maps, charts, plans, 
records and all other related documents and equipment 
pertaining to the acquisition, construction, maintenance and 
operation of the Sumner tunnel and a second crossing which 
are in the possession of the city, and all maps, charts, plans, 
records and all other related documents pertaining to the 
construction of a second crossing which are in the possession 
of the department of pubhc works shall thereupon be 
transferred and delivered to the Authority. 

Any action taken by the Authority under the provisions 
of this act may be authorized by resolution at any regular 
or special meeting, and each such resolution shall take effect 
immediately and need not be published or posted. 



348 Acts, 1956. — Chap. 465. 

Each project shall be maintained and kept in good condi- 
tion and repair by the Authority. Each such project shall 
also be policed and operated by such force of police, toll- 
takers and other operating employees as the Authority may 
in its discretion employ. 

Any person who uses any project and fails or refuses to 
pay the toll provided therefor shall be punished by a fine of 
not more than one hundred dollars to be paid to the Authority 
or by imprisonment for not more than thirty days or both, 
and in addition thereto the Authority shall have a lien upon 
the vehicle driven by such person for the amount of such toll 
and may take and retain possession thereof until the amount 
of such toll and all charges in connection therewith shall have 
been paid. 

Until the projects of the Authority shall have come under 
the control of the general court under the provisions of section 
twenty-five, the Authority shall be liable to any persons sus- 
taining bodily injury or damage in or on its property by 
reason of a defect or want of repair of ways in or on said 
projects to the same extent as though said ways were a way 
within the meaning of sections fifteen, eighteen, and nineteen 
of chapter eighty-four of the General Laws, and shall be 
hable for the death of any person caused by such defect or 
want of repair to the same extent as is provided in chapter 
two hundred and twenty-nine of the General Laws. Any 
notice of such injury, damage or death required by law shall 
be given to any member of the Authority or to the secretary- 
treasurer of the Authority. 

The commonwealth, acting by the military division, shall 
have the right, in connection with the retention of title to a 
portion of Logan Airport, as provided in sections one (6), 
three (fc), and four, to use for purposes of the air national 
guard the facilities of said airport necessary or proper for the 
air national guard to perform its present or future assigned 
missions. Such facilities shall include, but are not limited to, 
the use of runways, taxiways, services of the control tower, 
the right of ingress and egress, utilities and the like. For 
the use of such facilities there shall be paid to the Authority 
such reasonable compensation as, subject to appropriation, 
may be agreed. The treasurer is authorized and directed to 
pay to the Authority such sums as he may receive under 
existing or future leases or service agreements between the 
commonwealth and the United States executed in connection 
with the use of Logan Airport by the air national guard. 

Section 24. Labor Relations Policy. — It is hereby de- 
clared to be the policy of the Authority to eliminate the 
causes of certain substantial obstructions to the free flow of 
industry and trade and to mitigate and ehminate these ob- 
structions when they have occurred by encouraging the 
practice and procedure of collective bargaining and by pro- 
tecting the exercise by workers of full freedom of association, 
self-organization, and designation of representatives of their 



Acts, 1956. — Chap. 465. 349 

own choosing, for the purpose of negotiating the terms and 
conditions of their employment or other mutual aid or pro- 
tection. 

The Authority shall have authority to bargain collectively 
with labor organizations representing employees of the 
Authority and to enter into agreements with such organiza- 
tions relative to wages, salaries, hours, working conditions, 
health benefits, pensions and retirement allowances of such 
employees. The employees of the Authority shall submit all 
grievances and disputes to arbitration pursuant to the 
arbitration provisions in agreements existing at the time of 
this act or subsequently entered into with the Authority, or 
in the absence of such provisions to the state board of con- 
ciliation and arbitration, or other board or body having 
similar powers and duties, whose decision shall be final and 
binding. 

The provisions of sections twenty-six to twenty-seven D, 
inclusive, sections forty-four A to forty-four E, inclusive, 
of chapter one hundred and forty-nine of the General Laws, 
shall apply to the Authority. 

Section 25. Transfer to Commonwealth. — When all 
payments due on account of the port properties, as provided 
in section six, shall have been made, and when all bonds 
issued under the provisions 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, all projects then under the control of the 
Authority shall be operated and maintained in such manner 
as may be provided by the general court. 

Section 26. Appropriation. — To provide for the ex- 
penses of the Authority in carrying out the provisions of 
this act, the sum of seven hundred and fifty thousand 
dollars is hereby appropriated from the General Fund of 
the commonwealth, which sum shall be paid to the Au- 
thority, and any sum so paid shall be reimbursed by the 
Authority to the commonwealth out of the proceeds of any 
revenue bonds which may be issued under the provisions of 
section eight. 

Section 27. Act Liherally Construed. — This act, being 
necessary for the welfare of the commonwealth and its in- 
habitants, shall be Uberally construed to effect the purposes 
thereof. 

Section 28. Constitutional Construction. — The provi- 
sions 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 29. Inconsistent Laivs Inapplicable. — All other 
general or special laws, or parts thereof, inconsistent here- 
with are hereby declared to be inapplicable to the provisions 
of this act, excepting section fifty-one M of chapter ninety 



350 AcTS; 1956. — Chap. 465. 

of the General Laws, and chapter three hundred and fifty- 
four of the acts of nineteen hundred and fifty-two as from 
time to time amended. 

Section 30. Section 12 of chapter 63 of the General 
Laws is hereby amended by inserting after paragraph (o), 
inserted by section 9 of chapter 476 of the acts of 1955, the 
following paragraph : — 

(p) Bonds issued by the Massachusetts Port Authority. 

Section 31. Chapter seven hundred and forty-one of 
the acts of nineteen hundred and fifty is hereby repealed. 

Section 32. Upon title to the airport properties becom- 
ing vested in the Authority under the provisions of section 
five of this act, sections fifty-nine A to fifty -nine C, inclusive, 
of chapter six of the General Laws and sections fifty A to 
fifty L, inclusive, of chapter ninety of the General Laws 
shall be inoperative and cease to be effective. 

Section 33. Upon title to the port properties becoming 
vested in the Authority under the provisions of section six 
of this act, sections fifty-three to fifty-five, inclusive, of 
chapter six of the General Laws, chapter ninety-one A of 
the General Laws and sections five, six and eight of chapter 
six hundred and nineteen of the acts of nineteen hundred 
and forty-five and sections thirteen to sixteen, inclusive, of 
chapter six hundred and eight of the acts of nineteen hun- 
dred and fifty-three shall be inoperative and cease to be 
effective. 

Section 34. Upon title to the Mystic River bridge be- 
coming vested in the Authority under the provisions of 
section thirteen of this act, chapter five hundred and sixty- 
two of the acts of nineteen hundred and forty-six, as amended 
by chapter six hundred and twenty-six of the acts of nine- 
teen hundred and forty-seven and chapter four hundred and 
thirty-two of the acts of nineteen hundred and fifty-four 
shall be inoperative and cease to be effective. 

Section 35. Upon title to the Sumner tunnel becoming 
vested in the Authority under the provisions of section 
thirteen of this act, all the provisions of chapter two hun- 
dred and ninety-seven of the acts of nineteen hundred and 
twenty-nine, chapter two hundred and eighty-seven of the 
acts of nineteen hundred and thirty-two, chapters seventy- 
four, three hundred and twelve and four hundred and fifty- 
five of the acts of nineteen hundred and thirty-five, chapter 
ninety-three of the acts of nineteen hundred and thirty-seven 
and chapter three hundred and sixty-one of the acts of nine- 
teen hundred and forty-five shall be inoperative and cease 
to be effective except to the extent that any such provisions 
are continued in effect by sections twelve and thirteen of 
this act. Approved June 21, 1956. 



Acts, 1956. — Chap. 465. 351 



The Commonwealth op Massachusetts, 
Executive Department, State House, 

Boston, June 21, 1956. 

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

Dear Mr. Secretary : — Pursuant to the provisions of 
Article XLVIII of the Amendments to the Constitution of 
the Commonwealth, The Referendum, II Emergency Meas- 
ures, I hereby declare that in my opinion the immediate 
preservation of the pubhc health, safety and convenience 
requires that the law, being Chapter 465 of the Acts of the 
current year entitled "An Act providing for the Construction 
of an Additional Vehicular Crossing between Boston Proper 
and East Boston; creating the Massachusetts Port Authority 
and defining its Powers and Duties; providing for the Is- 
suance of Revenue Bonds of the Authority, payable solely 
from Tolls and Other Revenues, for financing such Addi- 
tional Crossing, refinancing the Existing Tunnel and the 
Mystic River Bridge and refinancing and improving the 
State-Owned Airports and Port of Boston Facilities; and 
providing for the Transfer to Said Authority of Said Existing 
Tunnel, Bridge, Arports and Port Facilities. ", the enactment 
of which received my approval on June 21, 1956, should 
take effect forthwith, and that said law is an emergency law. 
The facts constituting the emergency are as follows : 

1. The Sumner Tunnel, opened in 1934 between Boston 
and East Boston as a two-lane vehicular traffic tube, was 
designed to carry eighteen thousand vehicles per average 
twenty-four hour day. However, for the year 1955 the 
average twenty-four hour daily traffic volume was over 
thirty-three thousand vehicles so that traffic congestion 
through breakdowns blocking either of the single one-way 
lanes or through the great increase in traffic volume has 
now become time-consuming and dangerous to the pubhc, 
creating an immediate and urgent need for the removal of 
this critical hazard to the public by the construction of an 
additional vehicular crossing under or over Boston Harbor 
as provided in said Act. 

2. It is contemplated by said Act that the Sumner Tunnel, 
the Mystic River Bridge, the State-owned Airports and the 
Port of Boston facihties be acquired by the Massachusetts 
Port Authority created thereby through funds provided by 
the issue of revenue bonds. Until such bonds are sold to the 
public the properties of the Commonwealth included in said 
facilities will continue to be a charge upon the revenues of 
the Commonwealth. The budget of the Commonwealth for 
the fiscal year 1957 now contains no provision for the opera- 
tion of said properties or the payment of bonds issued to 
finance their construction and it is of the utmost importance 
that said Act become immediately effective in order to reduce 
to a minimum the costs to the Commonwealth for said 
fiscal year and to permit such costs to be determined and 
included in additional or Supplementary Budget requests. 



Acts, 1956. — Chap. 466. 

3. The postponement of the effective date of said Act 
would delay the payments to the City of Boston for the 
Sumner Tunnel contemplated thereby. This delay would 
result in great inconvenience to the inhabitants of the City 
through uncertainty as to estimated receipts for the current 
year and the amount of the City's tax rate. 

4. There is serious and pressing need for further develop- 
ment and improvement of commerce by air, land and water 
in the City of Boston and the Metropohtan area surrounding 
said City for the pubUc safety and convenience which re- 
quires the immediate and extensive studies and the exten- 
sions, improvements and enlargements contemplated by said 
Act to expedite such development. 

5. Continuity of the services now furnished the public by 
said facihties to be acquired under the Act by said Massa- 
chusetts Port Authority and continuity of employment of 
the numerous persons employed thereby require the im- 
mediate appointment of members of said Authority and the 
earliest possible issue of the bonds required to finance its 
acquisition of said facilities. 

Most sincerely yours, 

Christian A, Herter, 

Governor oj the Commonwealth. 



Office of the Secretary, Boston, June 21, 1956. 

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 fifteen minutes, 
A.M., on the above date, and in accordance with Article 
Forty-eight of the Amendments to the Constitution said 
chapter takes effect forthwith, being chapter four hundred 
and sixty-five of the acts of nineteen hundred and fifty-six. 

Edward J. Cronin, 

Secretary of the Commonwealth. 

ChapAQQ An Act providing increased financial assistance by 

THE COMMONWEALTH FOR PROJECTS FOR THE HOUSING OF 
ELDERLY PERSONS OF LOW INCOME. 

Emergency Wheveus, The deferred operation of this act would defeat 

its purpose, which is to provide immediately for additional 
financial assistance for the housing of elderly persons of low 
income, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

G. L. (T,,r. Section 26 W of chapter 121 of the General Laws, as ap- 

f 2f!vv!^etc., pearing in section 1 of chapter 667 of the acts of 1954, is 

amended. hereby amended by striking out, in line 10, the word " fifteen " 

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



Acts, 1956. — Chaps. 467, 468, 469. 353 

striking out, in line 16, the words "three hundred and 
seventy-five" and inserting in place thereof the words: — 
seven hundred and fifty. Approved June 21, 1956. 



An Act authorizing the cape cod pilgrim memorial ChapAQ7 

ASSOCIATION OF PROVINCETOWN TO HOLD ADDITIONAL REAL 
AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 24 of the acts of 1892 
is hereby amended by striking out, in hne 3, the word "one" 
and inserting in place thereof the word : — five. 

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

Approved June 21, 1966. 



An Act relative to the compensation of certain mem- C/iap. 468 

BERS OF THE SOUTH ESSEX SEWERAGE DISTRICT BOARD. 

Be it enacted, etc., as follows: 

Section 1. The second paragraph of section 2 of chapter 
339 of the acts of 1925, as amended by section 1 of chapter 
384 of the acts of 1935, is hereby further amended by striking 
out the fifth sentence and inserting in place thereof the fol- 
lowing sentence: — During periods of construction each of 
the other members of said board shall receive from said 
district in addition to any compensation from any other 
source, such annual compensation, not exceeding six hundred 
dollars, as the governor and council may from time to time 
determine. 

Section 2. This act shall take effect upon its acceptance 
by a majority of the cities and towns in the South Essex 
Sewerage District. In any city in said district it shall be 
accepted by vote of the city council, in accordance with the 
terms of its charter, and in any such town it shall be ac- 
cepted by vote of a majority of the voters voting thereon 
at a regular or special town meeting. 

Approved June 21, 1956. 



An Act authorizing the town of nantucket to retire Chav.A&^ 

AND PAY A PENSION TO WILSON CASH. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the pubhc 
good, the town of Nantucket is hereby authorized to retire 
and pay a pension to Wilson Cash, dispensing officer in the 
public welfare department. The amount of said pension 
shall be five hundred dollars per year and shall be paid in 
equal monthly installments during his hfetime. 

Section 2. Any action taken under this act at the an- 
nual town meeting of the town of Nantucket held in the 
current year shall be as valid and effective as though this 



354 



Acts, 1956. — Chap. 470. 



act had been 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 June 22, 1966. 



Emergency 
preamble. 



G. L. (Ter. 
Ed.), 6, new 
§ 69B, added. 



Expenditure 
of funds by 
the division 
of youth 
service, 
regulated. 



ChavA70 An Act relative to the expenditure of funds by the 

DIVISION OF YOUTH SERVICE FOR DELINQUENCY PREVEN- 
TION, AND THE ACCEPTANCE OF FEDERAL FUNDS THEREFOR. 

Whereas, The deferred operation of this act would tend 
to defeat its purpose, which is to make provision forthwith 
for the expenditure of funds by the division of youth service 
for delinquency prevention, and the acceptance of federal 
funds therefor, therefore it is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the 
pubUc convenience. 

Be it enacted, etc., as follows: 

Chapter 6 of the General Laws is hereby amended by in- 
serting after section 69 A, inserted by section 4 of chapter 
766 of the acts of 1955, the following section: — Section 69B. 
The director of the division of youth service may expend 
such sums as may be appropriated for the purpose of carry- 
ing out the duties of the youth service board relative to the 
prevention of delinquency and crime as set forth in the first 
paragraph of sections sixty-seven and sixty-nine A, and in 
particular (a) for the planning, establishment, strengthening 
and improvement of state, regional and local programs for 
the diminution, control and treatment of juvenile delin- 
quency, including the co-ordination, supervision and evalua- 
tion of any such program ; (Jo) for experimental and demon- 
stration projects and programs of improved services for the 
location, treatment and after-care of delinquent children; 
(c) for research and investigation relative to the cause and 
extent of juvenile dehnquency, the effectiveness of existing 
programs and the development of new programs for the 
diminution, control, treatment and prevention of juvenile 
dehnquency; {d) for training of personnel employed, or pre- 
paring for employment, in programs for the control and 
treatment of juvenile delinquency; and (e) for implernenta- 
tion of the provisions of chapter six hundred and eighty- 
seven of the acts of nineteen hundred and fifty-five, in so far 
as the division of youth service may be required to incur or 
discharge any financial obligation imposed upon it by the 
interstate compact on juveniles set forth therein. The direc- 
tor may expend such sums as may be appropriated for grants 
to cities and towns, and to other pubUc agencies, to carry 
out any of the foregoing purposes. Federal funds granted 
to the commonwealth to aid in the financing of any of the 
foregoing activities and purposes shall be credited to an ac- 
count for expenditure made under the direction of the direc- 
tor of youth service, as provided in the preceding two sen- 



Acts, 1956. — Chaps. 471, 472. 355 

tences. Federal funds reimbursed to the commonwealth 
shall be deposited in the General Fund. 

Approved June 22, 1956. 



An Act relative to the hiring of employees during a Chap. 471 

STRIKE. LOCKOUT OR OTHER LABOR TROUBLE. 

Be it enacted, etc., as follows. • 

Section 22 of chapter 149 of the General Laws, as most g. l. (Ter. 
recently amended by chapter 430 of the acts of 1955, is ?22'et1f' 
hereby further amended by adding at the end the following amended.' 
two sentences : — Any such employer wishing to hire em- Hiring of 
ployees through an employment agency shall first notify fi^'in^^^ 
such agency by registered mail of the fact that a strike, lock- strike, etc. 
out or other labor trouble exists. No employer shall, during "^^^^^ • 
the continuance of a strike, lockout or labor dispute, hire a 
child without the written consent of his parent or legal 
guardian. Approved June 22, 1956. 



An Act further defining the powers of district court Char)A72 

JUSTICES sitting IN THE SUPERIOR COURT. 

Be it enacted, etc., as folloivs: 

Section 1. Chapter 212 of the General Laws is hereby g. l. (Ter. 
amended by striking out section 14B, inserted by section 1 f n^B^ltc., 
of chapter 668 of the acts of 1954, and inserting in place amended. 
thereof the following section; — Section I4B. A justice of a Powers of 
district court, except the municipal court of the city of j^fJces ''°'''^*^ 
Boston, shall, at the written request of the chief justice of sitting in the^ 
the superior court, sit in the superior court at the trial or definedy 
disposition with or without a jury in any part of the common- 
wealth of any motor vehicle tort action, or of any violation 
of a by-law, order, ordinance, rule or regulation made by a 
city or town or pubUc officer or of any misdemeanor except 
conspiracy or libel, and during the continuance of such re- 
quest shall have and exercise all the powers and duties which 
a justice of the superior court has and may exercise in the 
trial and disposition of such cases. 

No justice so sitting shall act in a case in which he has 
either sat or held an inquest in the district court or other- 
wise has an interest. No justice of a district court shall 
so sit in the superior court, as aforesaid, unless his name ap- 
pears on a list submitted to the chief justice of the superior 
court for the purpose of this section by the administrative 
committee of the district courts. 

In the event that by reason of his physical or mental 
disability, death, resignation, retirement, or removal any 
justice presiding at a trial pursuant to this section shall fail 
to sign or return exceptions taken at the trial, to make a 
report after he has reserved the case for report to the su- 
preme judicial court, to enter a verdict or finding after re- 



356 Acts, 1956. — Chaps. 473, 474, 475. 

serving leave, with the assent of the jury, to do so, to set 
aside the verdict in a civil action and order a new trial, for 
a cause for which a new trial may by law be granted, or 
other-wise to exercise any of the powers and duties granted 
to him by this section in the disposition of such case, the 
chief justice of the superior court may assign any other justice 
authorized to sit in the superior court pursuant to this act, 
or any justice of the superior court, to have and exercise 
such powers and duties. 
Termination. SECTION 2. This act shall uot be operative after Septem- 
Exception. j^gj. gpg^^ nineteen hundred and sixty-one, except that any 
justice sitting in the superior court pursuant to this act at 
the trial of any case prior to such date, shall continue there- 
after, upon assignment by the chief justice of the superior 
court, to have and exercise all the powers and duties granted 
to him by this act in the disposition of such case. 

Approved June 22, 1956. 

Chap. 4:73 An Act authorizing the department of education to 

CERTIFY FOR PAYMENT CLAIMS FOR PRINTING. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section one of chapter 
five of the General Laws or of any special law, the department 
of education may certify for payment claims for printing to- 
taling two thousand one hundred and seventy-three dollars 
and forty-eight cents which were incurred by the committee 
on the White House Conference on Education and the comp- 
troller is authorized to warrant the same for payment from 
funds made available by a federal grant for the expenses of 
the White House Conference on Education, 

Approved June 22, 1956. 

ChapA74: An Act relative to the examinations for the licensing 

OF PERSONS engaged IN THE CONSTRUCTION AND MAIN- 
TENANCE OF ELEVATORS AND ESCALATORS. 

Be it enacted, etc., as follows: 
G. L. (Ter. Section 71B of chapter 14.3 of the General Laws, inserted 

ftiB^ttc.. by section 1 of chapter 626 of the acts of 1945, is hereby 
amended. amended by striking out the second sentence. 

Approved June 22, 1956. 

Chap Alb An Act relative to the inspection, regulation and 

OPERATION OF MOVING STAIRWAYS. 

Be it enacted, etc., as follows: 

Ed V' 143'' Chapter 143 of the General Laws is hereby amended by 

new'§7iE. Inserting after section 71D the following section: — Section 
Word "eie- ^-^-^- ^^^^ ^°^^ "elcvator", as used in sections sixty-six to 
vator" tV' seventy-one D, inclusive, shall include moving stairways. 
SairJl^?'''"^ Approved June 22, 1956. 



Acts, 1956. — Chaps. 476, 477, 478. 357 

An Act providing for the redemption of certain Chap. 47 6 

UNUSED STOCK TRANSFER STAMPS. 

Be it enacted, etc., as follcnos: 

Chapter 353 of the acts of 1954 is hereby amended by 
striking out section 2 and inserting in place thereof the 
following section: — Section 2. Unused stock transfer , 
stamps in the hands of banks, corporations or duly ac- 
credited stock transfer agents on the effective date of this 
act shall be redeemed by the state treasurer upon certification 
by the state tax commission that said stamps have been re- 
turned to it and destroyed. Applications for redemption 
must be filed with the state tax commission on or before 
June thirtieth, nineteen hundred and fifty-seven, upon forms 
prescribed by it. Approved June 22, 1956. 

An Act relative to the granting of permits to the Qhav. 477 

DIVISION OF THE BLIND TO OPERATE VENDING STANDS IN 
public BUILDINGS. 

Be it enacted, etc., as follows: 

Chapter 69 of the General Laws is hereby amended by g.l. (Ter. 
striking out section 24 A, inserted by section 1 of chapter 457 §'24a, etc., 
of the acts of 1953, and inserting in place thereof the follow- amended. 
ing section: — Section 24 A. The ofl&cer, board or other Certain 
authority in charge of any building of the commonwealth or b^^anted 
any county, city or town thereof used for office or similar *ff/,e'^i°"j 
purposes shall, and the officer, board or other authority in 
charge of any other building or property of the common- 
wealth or any county, city or town thereof may, grant to 
the division of the blind a permit to operate in such building 
or on such property a stand for the vending of newspapers, 
periodicals, confections, tobacco products and such other 
articles as such oflficer, board or other authority approves, 
when, in his or its opinion, such a stand is desirable in such 
location. Approved June 22, 1956. 



An Act relative to veterans' pensions in the town of Chap. 41^ 

SCITUATE. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section sixty of chapter 
thirty-two of the General Laws, the provisions of sections 
fifty-six to fifty-nine, inclusive, of said chapter shall be in 
effect in the town of Scituate when accepted by the select- 
men thereof prior to April first, nineteen hundred and fifty- 
seven. Approved June 22, 1956, 



358 Acts, 1956. — Chaps. 479, 480. 



ChapA7Q An Act providing for the acquisition of certain land 

IN THE CITY OF NEWTON ADJACENT TO HAMMOND POND 
PARKWAY FOR PUBLIC RECREATIONAL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan district commission is 
hereby authorized to acquire by gift or purchase, or take by 
eminent domain under chapter seventy-nine of the General 
Laws for public recreational purposes, the land in the city of 
Newton adjacent to Hammond Pond parkway and formerly 
owned by the said commission, lying between Hammond 
Pond parkway on the west and Hammond pond on the east, 
consisting of twenty-five acres more or less, which was con- 
veyed on or about June tenth, nineteen hundred and fifty- 
two, to one Blakely, or such portion of the above-named par- 
cel as may, in the opinion of the said commission, be suitable 
for pubhc recreational purposes. 

Section 2. Any acquiring or taking made under section 
one of this act shall be subject to the approval of the board 
of park commissioners of the city of Newton. Said board 
shall be notified in writing of any proposed acquiring or tak- 
ing under section one of this act, and may, within thirty days 
thereafter, disapprove the acquiring or taking of any land 
which in its opinion is not suitable for public recreational 
purposes, by forwarding notice to the commission to that 
effect, but failure to so notify the commission of its dis- 
approval within tliirty days after notice shall be deemed to 
constitute approval by said board of the proposed acquiring 
or taking. Approved June 22, 1956. 

Chap. 4:S0 An Act rei,ative to the tenure of teachers in the 

STATE teachers COLLEGES AND THE MASSACHUSETTS 
SCHOOL of art. 

Be it enacted, etc., as follows: 

G. L. (Ter. Chapter 73 of the General Laws is hereby amended by 

§ 4B, etc., striking out section 4B, inserted by chapter 350 of the acts 
amended. q£ 1954, and inserting in place thereof the following section: 
Tenure of — Section 4^. The board of education, in electing a teacher 
state telchers iu a statc tcachcrs college or the Massachusetts school of art 
theMMsrdiu- who has served as such for the three previous consecutive 
setts school school ycars, shall employ him to serve at its discretion, 
and, notwithstanding any contrary provision of general or 
special laws, he shall not be dismissed from such employment 
except for just cause and for reasons specifically given him in 
writing by the said board. Before any such removal is 
effected, the said teacher, upon his request, shall be given a 
full hearing before said board, of which hearing he shall have 
at least thirty days written notice from said board, and he 
shall be allowed to answer charges preferred against him, 
either personally or by counsel. Approved June 22, 1956. 



of art. 



Acts, 1956. ~ Chaps. 481, 482, 483. 359 



An Act relative to changes in the rules and regu- CJia'n 4§1 

LATIONS ESTABLISHED BY THE BOARD OF ELEVATOR REGU- 
LATIONS AND THE APPOINTMENT OF SUCH BOARD. 

Be it enacted, etc., as follows: 

Chapter 143 of the General Laws is hereby amended by g. l. (Xer. 
striking out section 67. Approved June 22, 1956. ^piied^' ^ ®^' 

An Act authorizing the cemetery commissioners of Qfidj) 432 

THE CITY OF PEABODY TO ENTER INTO A CONTRACT FOR 
THE CONSTRUCTION OF A MORTUARY CHAPEL. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any other provision of law 
or city ordinance the cemetery commissioners of the city of 
Peabody, acting in behalf of said city, may enter into a 
contract with an architect to be selected by the trustee of 
the estate of Elizabeth P, Edgerly for the furnishing of all 
plans, specifications, engineering and supervisors' services 
for the purpose of constructing a pubUc mortuary chapel in 
Cedar Grove cemetery, a public cemetery in said city, to be 
known as the F. H. Edgerly Memorial Chapel, as provided 
in the will of the late Frank H, Edgerly. The liability of said 
city for the services and expenses as aforesaid shall be limited 
to the monies in the Frank H. Edgerly Fund, now held by 
the treasurer of said city. 

The cemetery commissioners may also enter into a con- 
tract with the Gourdeau Construction Company, a Massa- 
chusetts corporation, or with any other contractor selected 
by said trustee for the purpose of constructing said chapel, 
which contract shall be based upon the bid submitted by said 
contractor. The hability of said city under said contract for 
the construction of said chapel shall be limited to and shall 
not exceed the balance of the said Frank H. Edgerly Fund, 
after payment therefrom of the architectural charges and 
expenses as aforesaid and provided that said trustee shall 
sign a contract binding the fund in the EUzabeth P. Edgerly 
Trust to liability for payment of the entire remaining cost of 
the construction of said chapel as provided in said contract. 

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

Approved June 22, 1956. 



An Act relative to admission of the towns of scitu- Qhav 483 

ATE AND NORWELL TO MEMBERSHIP IN THE METROPOLITAN 
WATER DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any 
law to the contrary the metropolitan district commission 



360 Acts, 1956. — Chaps. 484, 485. 

may admit the towns of Scituate and Norwell, upon applica- 
tion of said towns, to membership in the metropohtan water 
district and furnish water thereto under such terms and con- 
ditions as are prescribed in chapter ninety-two of the General 
Laws, notwithstanding the fact that no part of such town 
is within fifteen miles of the state house. 

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

Approved June 22, 1956. 



ChapA84. An Act validating certain acts of the town of wey- 

MOUTH. 

Be it enacted, etc., as follows: 

Section 1. The action of the town of Weymouth in in- 
curring liabilities to Airborne Sprayers, Division of East 
Coast Aviation Corporation, amounting to one thousand 
three hundred and twenty dollars, is hereby validated and 
confirmed, notwithstanding the failure of the town to com- 
ply with its by-laws or 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 appro- 
priation available therefor. 

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

Approved June 28, 1956. 



C hap. 4iS5 An Act authorizing town accountants to disallow 

CERTAIN TOWN CHARGES. 

Emergency Whevcas, The deferred operation of this act would tend 

to defeat its purpose, which is to authorize forthwith town 
accountants to disallow certain charges against the town, 
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: 

g^L.^Ter. Scctiou 56 of chapter 41 of the General Laws, as amended 

I's'e.'etc.. by chapter 55 of the acts of 1950, is hereby further amended 

amended. ^^y inserting after the third sentence the following sentences: 

Town ac- — The towTi accouutant may disallow and refuse to approve 

countants to . i • i i • . i • <• i i ±_ 

disallow for payment, m whole or m part, any claim as fraudulent, 

cha^fgrs*""^" unlawful or excessive, and in such case he shall file with the 

town treasurer a written statement of the reasons for such 

refusal. The treasurer shall not pay any claim or bill so 

disallowed by the town accountant. 

Approved June 28, 1956. 



Acts, 1956. — Chaps. 486, 487, 488. 361 



An Act granting the consent of the commonwealth ChapASQ 

TO A PETITION BY DOROTHY EMERSON. 

Be it enacted, etc., as follows: 

Section 1. Dorothy Emerson of Lawrence may, within 
six months after the passage of this act, bring a petition 
against the commonwealth under the provisions of chapter 
two hundred and fifty-eight of the General Laws that the 
court determine whether, in the manner and subject to the 
hmitations, conditions and restrictions specified in section 
fifteen of chapter eighty-four of the General Laws, but not 
including the requirements relative to a written notice as 
specified in sections eighteen and nineteen of said chapter 
eighty-four, injuries sustained by her on or about November 
sixth, nineteen hundred and fifty-four were caused by a 
defect or want of repair of a way or sidewalk at the General 
Edward Lawrence Logan International Airport and, if the 
court shall so determine, to find the amount of her damages, 
which shall not, however, exceed thirty-five hundred dollars. 

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

Approved June 28, 1956. 



An Act authorizing the county commissioners of the ChapAS7 

COUNTY of WORCESTER TO USE CERTAIN MONIES IN THE 
post-war REHABILITATION FUND TO MAKE REPAIRS AND 
ALTERATIONS TO THE OLD COURT HOUSE BUILDING AND TO 
PROVIDE NEW EQUIPMENT AND FURNISHINGS FOR THE 
SAME. 

Be it enacted, etc., as follows: 

Section L Section 2 of chapter 98 of the acts of 1932 
is hereby amended by striking out the last sentence, added 
by chapter 667 of the acts of 1955, and inserting in place 
thereof the following sentence: — The county commissioners 
of said county are hereby authorized to sell bonds pur- 
chased by the county under authority of chapter five of the 
acts of nineteen hundred and forty-three and apply the 
proceeds thereof, plus any accumulated interest, to such 
extent as they deem advisable, for the purposes set forth in 
section one, and for making repairs and alterations to the 
old court house building and providing new equipment and 
furnishings for the same. 

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

Approved June 28, 1956. 



An Act further extending the liens on certain es- Ckap. 4:88 

TATES OF deceased PERSONS. 

Whereas, The deferred operation of this act would tend to Emergency 
defeat its purpose, which is in part to provide forthwith for p"*'"*''^- 
the extension of the period of time for the expiration of 



362 



Acts, 1956. — Chap. 489. 



certain liens on certain estates of deceased persons, 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 2 of chapter 595 of the acts of 1954 
is hereby amended by striking out, in hne 9, the word "fifty- 
six" and inserting in place thereof the word: — fifty-eight. 

Section 2. Section 3 of said chapter 595 is hereby 
amended by striking out, in line 2, the word "fifty-six" and 
inserting in place thereof the word: — fifty-eight. 

Approved June 28, 1956. 



G. L. (Ter. 
Ed.), 180, 
new § 17B, 
added. 
Pay-roll 
deductions 
for certain 
contributions, 
authorized. 



C/iop. 489 An Act authorizing pay-roll deductions on account 
OF contributions to community chests or united 

FUNDS IN the case OF CERTAIN TOWN EMPLOYEES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 180 of the General Laws is hereby 
amended by inserting after section 17A the following sec- 
tion: — Section 17 B. Deductions on pay-roll schedules may 
be made from the salary of any town employee of any 
amount which such employee may specify in writing to the 
officer, or the head of the department, board or commission, 
by whom or which he is employed, for the payment of a 
contribution to a community chest or a united fund. Any 
such authorization may be withdrawn by the employee by 
giving at least sixty days' notice in writing of such with- 
drawal to the officer, or the head of the department, board 
or commission, by whom or which he is then employed. 
The treasurer of the town shall deduct from the salary of 
such employee such amount of contribution as may be 
certified to him on the pay-roll, and transmit the sum so 
deducted to the community chest or united fund; provided, 
that the town treasurer is satisfied by such evidence as he 
may require that the treasurer of such community chest or 
united fund has given to said community chest or united 
fund a bond, in a form approved by the commissioner, for 
the faithful performance of his duties, in a sum and with 
such surety or sureties as are satisfactory to the town 
treasurer. 
' Section 2. This act shall take full effect as to city em- 
ployees upon its acceptance by vote of the city council of a 
city, subject to the provisions of its charter, but not other- 
wise, and as to town employees by vote of the town at a 
town meeting. Approved June 28, 1956. 



Acts, 1956. — Chaps. 490, 491, 492. 363 



An Act relative to certain leases at the laurence g. ChapA90 

HANSCOM field. 

Be it enacted, etc., as follows: 

Chapter 769 of the acts of 1955 is hereby amended by- 
striking out section 1 and inserting in place thereof the 
following section : — Section 1 . The commissioner of air- 
port 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 bind- 
ing leases for a term of not more than twenty-five ^'■ears, 
with the approval of the governor and council, with one or 
more responsible commercial aviation companies providing, 
in addition to all other airport charges, annual rental there- 
under for the said buildings sufficient to amortize the cost 
of said buildings, including the interest provided for in 
section two of this act, within the tei'm of such leases. No 
such lease shall be assigned or transferred except with the 
approval of the governor and council. 

Approved June 28, 1956. 



An Act authorizing the county commissioners of (7/ia2?.491 

BERKSHIRE COUNTY TO PAY A CERTAIN SUM OF MONEY 
TO CHARLES W. BUCKINGHAM. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obli- 
gation, the county commissioners of the county of Berkshire 
are hereby authorized to pay to Charles W. Buckingham 
the sum of six hundred and thirty-eight dollars and fifty- 
seven cents for services rendered during the period from 
July twenty-sixth, nineteen hundred and fifty-four to Jan- 
uary thirty-first, nineteen hundred and fifty-five, inclusive. 

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

Approved June 28, 1956. 



An Act authorizing the city of Springfield to pay 

AN annuity to NORA B. CAHILLANE. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, and in consideration of the long and meritorious serv- 
ice for thirty-five years rendered by Patrick C. Cahillane to 
the city of Springfield, the city of Springfield is hereby au- 
thorized to pay an annuity to Nora B. Cahillane, his widow, 



C/iap.492 



364 Acts, 1956. — Chaps. 493, 494. 

in an amount not to exceed the sum of twelve hundred dol- 
lars per annum. 

Section 2. This act shall take full effect upon its ac- 
ceptance during the current year by vote of the city council 
of the city of Springfield, subject to the provisions of its 
charter, but not otherwise. Approved June 28, 1956. 



ChapAQS An Act relative to the retirement allowance of 

HARRY G, BARNES, A RETIRED EMPLOYEE OF THE TOWN 
OF BRAINTREE. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of paragraph (3A) of sec- 
tion three of chapter thirty-two of the General Laws or 
any other general or special law, or any action of the retire- 
ment board of the town of Braintree, Harry G. Barnes, a 
former employee of said town may, notwithstanding his 
prior retirement, pay into the annuity savings fund of the 
system in one sum, or in installments, upon such terms and 
conditions as the board may prescribe, make-up payment of 
an amount not to exceed that which would have been with- 
held as regular deductions from his regular compensation 
had the deductions been based on his total earnings rather 
than the prescribed limit or limits in force during this period, 
together with interest on such make-up payments. Upon 
the completion of payment of such make-up payments, to- 
gether with interest thereon, said Harry G. Barnes shall be 
entitled to such additional retirement allowance as said 
additional contributions would entitle him. 

Approved June 28, 1956. 



Chap. 494: An Act providing for competitive bidding in the de- 
molition OF public buildings. 

Be it enacted, etc., as fallows: 

G. l. (Ter. Section 44A of chapter 149 of the General Laws, as most 

f liA^ttc., recently amended by section 1 of chapter 645 of the acts of 
amended. 1954, is hereby further amended by striking out the first 

sentence and inserting in place thereof the following sen- 
Award of tence : — Every contract for the construction, reconstruc- 
pubHc balding tion, alteration, demohtion, remodelhng or repair of any 
re°uiated pubUc building by the commonwealth, or by any county, 
city, town, district, board, commission or other public body, 
and estimated to cost more than five thousand dollars in 
the case of the commonwealth, and more than two thousand 
dollars in the case of any county, city, town, district, board, 
commission or other public body, shall be awarded on the 
basis of competitive bids to the lowest responsible and eligible 
bidder. Approved June 28, 1956. 



Acts, 1956. — Chaps. 495, 496, 497. 365 



An Act authorizing cities and towns to establish Chav 495 

LOCAL COUNCILS FOR THE AGING AND TO APPROPRIATE ' ^' 
FUNDS THEREFOR. 

Be it enacted, etc., as follows: 

Section 1. Chapter 40 of the General Laws is hereb}'' o. l. (Xer. 
amended by inserting after section 8A the following sec- fgB.lddefr 
tion : — Section 8B. A city by ordinance or a town by by- cities and 
law may establish a council for the aging for the purpose of estobiish locai 
carrying out programs designed to meet the problems of the councils for 
aging in co-ordination with programs of the council for the *'''' ''^"'^" 
aging estabhshed under section seventy-three of chapter six. 
The council may appoint such clerks and other employees 
as it may require. 

Section 2. Section 5 of said chapter 40 is hereby amended G- l. (Ter. 
by inserting after clause (48), inserted by section 1 of chap- ^tl! 'amended. 
ter 716 of the acts of 1955, the following clause: — 

(49) For the purpose of conducting programs deaUng with Appropriations 
problems of the aging and to promote facihties for the coulidfifor 
health, education, welfare and recreation of the aging, as autho^r^fd 
authorized by section eight B, not in excess of five hundred 
dollars annually. Approved June 28, 1956. 



ChavA^Q 



An Act authorizing the city of springfield to pay an 
annuity to mary a. bowler. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public 
good, and in consideration of the long and meritorious 
service for thirty years rendered by James J. Bowler to the 
city of Springfield, the city of Springfield is hereby author- 
ized to pay an annuity to Mary A. Bowler, his widow, so 
long as she survives and does not remarry, in an amount 
equal to the retirement allowance or pension received by 
the same James J. Bowler. 

Section 2. This act shall take full effect upon its accep- 
tance during the current year by vote of the city council of 
the city of Springfield subject to the provisions of its charter, 
but not otherwise. Approved June 28, 1966. 

An Act authorizing the department of public health 
to make contracts for the operation of concessions 

IN LEMUEL SHATTUCK HOSPITAL. 

Be it enacted, etc., as follows: 

Chapter 111 of the General Laws is hereby amended by g. l. (Xer. 
inserting after section 691, inserted by chapter 522 of the f^gVldd^d"^ 
acts of 1954, the following section : — Section 69 J. The de- contracts for 
partment is authorized to make contracts with private per- operatic of 

.. i'ji J. e . '^ . concessions 

sons or corporations tor the operation of concessions m in Lemuel 
Lemuel Shattuck Hospital. Approved June 28, 1956. niTsSat 

authorized. 



Chap.^97 



366 Acts, 1956. — Chaps. 498, 499. 



ChapAQS An Act granting the consent of the coMMo^^vvEALTH 

TO A PETITION BY ERNEST J. DONOVAN. 

Be it enacted, etc., as follows: 

Section 1. Ernest J. Donovan of Boston, notwithstand- 
ing the entry or disposition of any other suit or action by 
him for the same cause of action against the commonwealth, 
may bring a petition witliin six months after the passage of 
this act against the commonwealth under the provisions of 
chapter two hundred and fifty-eight of the General Laws 
that the court determine whether there was negligence or 
other fault or a violation of the duty of an innkeeper to a 
guest as at common law on the part of the commonwealth, 
its lessee or both of them, or the agents or servants of either 
or both of them, or a hidden or latent defect, thereby causing 
or resulting in his sustaining personal injuries on or about 
June fifteenth, nineteen hundred and forty-six, on the prem- 
ises of the Nantasket Hotel owned by the metropolitan dis- 
trict commission, and operated and maintained by said com- 
mission, its lessee or both; and if so, provided the conduct 
of said Donovan would not have barred him from recovery 
in an action at law, to assess his damages therefor against 
the commonwealth in an amount not to exceed five thousand 
dollars. 

Section 2. The state treasurer shall not make the pay- 
ments as provided in section three of chapter two hundred 
and fifty-eight of the General Laws until he has been notified 
by the attorney general that the said Donovan has filed 
with him an assignment to the commonwealth of a wholly 
unsatisfied execution issued in favor of said Donovan against 
tiie said lessee, or a partially satisfied execution in which 
latter case the state treasurer shall deduct from the payment 
to be made by him the amount of said partial satisfaction. 

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

Approved June 29, 1956. 



Chap. ^99 An Act expediting the payment of sums due to con- 
tractors AFTER completion OF CERTAIN PUBLIC BUILD- 
ING contracts. 

Be it enacted, etc., as follows: 

G. L. (Ter. Scctiou 39G of chapter 30 of the General Laws, as amended 

f sbofetc. by section lA of chapter 702 of the acts of 1955, is hereby 

amended. ' further amended by striking out the first two paragraphs 

and inserting in place thereof the following two paragraphs: 

Payment — Within sixty-five days after the work required by a con- 

l°ter°co'^^pfe^-^ tract with the commonwealth or any agency or political sub- 

tion of certain division thereof for the constniction, reconstruction, altera- 

buiid?ng tion, remodelling or repair of a public building or for the 

expedited. constructiou, repair, alteration or improvement of public 

ways, including bridges and other highway structures, sewers 

and water mains, airports and other similar public works, 



Acts, 1956. — Chap. 500. 367 

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 wo