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

ACTS 



RESOLVES 



PASSED BY THE 



(funeral ^mH of plassathttsetts 



IN THE YEAR 



1958 



PUBLISHED BY 



EDWARD J. CRONIN 
Secretary of the Commonwealth 




BOSTON 
WRIGHT & POTTER PRINTING COMPANY 

1958 



ACTS AND RESOLVES 



OF 



MASSACHUSETTS 

1958 



l3l^The General Court, which was chosen November 6, 1956, assembled on 
Wednesday, the first day of January, 1958, for its second annual session. 

His Excellency Foster Furcolo and His Honor Robert F. Murphy con- 
tinued to serve as Governor and Lieutenant Governor, respectively, for the 
political year of 1958. 



ACTS. 



Chap. 1. An Act validating certain certificates of registra- 
tion AND OTHER DOCUMENTS ISSUED OR TO BE ISSUED BY 
THE DIVISION OF THE REGISTRY OF MOTOR VEHICLES. 

Whereas, The deferred operation of this act would tend to defeat 
its purpose, which is to validate certain certificates of registration of 
motor vehicles and other documents issued or to be issued by the divi- 
sion of the registry 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 by the Senate and House of Representatives in General 
Court assembled, and by the authority of the same, as follows: 

Section 1. Any certificate of registration of a motor vehicle or 
trailer, or any other document issued by the division of the registry 
of motor vehicles of the department of public works during the year 
nineteen hundred and fifty-seven bearing the signature or the facsimile 
of the signature of Rudolph F. King, registrar, whether or not said 
certificate of registration or document was to have become effective in 
the year nineteen hundred and fifty-seven or nineteen hundred and 
fifty-eight, shall become valid on the effective date thereof, to the same 
extent as though the said Rudolph F. King had continued in the office 
of registrar of motor vehicles until and including January first, nine- 
teen hundred and fifty-eight, notwithstanding that his said term as 
registrar of motor vehicles had been terminated prior thereto. 

Section 2. This act shall take effect as of November thirtieth, 
nineteen hundred and fifty-seven. Approved January 1, 1958. 

Chap. 2. An Act clarifying the law relative to the obligation 
of certain consolidated business corporations. 

Be it enacted, etc., as follows: 

Subsection 2 of paragraph (6) of section 46D of chapter 156 of the 
General Laws is hereby amended by striking out, in line 7, as amended 
by chapter 57 of the acts of 1954, the word and letter "forty-six A", 
and inserting in place thereof the word and letter: — forty-six E. 

Approved January 17, 1968. 

Chap. 3. An Act increasing the amount of property which 
may be held by the forsyth dental infirmary for 
children. 

Be it enacted, etc., as follows: 

Section 2 of chapter 294 of the acts of 1910, as most recently amended 
by section 1 of chapter 247 of the acts of 1945, is hereby further amended 
by striking out, in line 15, the word "six" and inserting in place thereof 
the word: — twelve, — so as to read as follows: — Section 2. Said cor- 
poration may receive and hold for the purposes of said corporation real 



6 Acts, 1958. — Chaps. 4, 5. 

and personal estate which may from time to time be given, granted, be- 
queathed or devised to it and accepted by the corporation. Said cor- 
poration may convey and turn over any property received by it to any 
trust company incorporated under the laws of the commonwealth upon 
such trusts for its benefit as the corporation may declare and determine, 
and any such trust company may receive and hold in trust any such 
property and also any other property, real or personal, which may be 
conveyed to it by will, trust deed, or otherwise, by any person or other 
corporation for the benefit of said corporation. The aggregate value of 
real and personal property so held by said corporation and so held in 
trust for its benefit shall not exceed twelve million dollars. 

Approved January 17, 1958. 

Chap. 4. An Act authorizing the town of Lexington to borrow 
money for remodeling, reconstructing, making ex- 
traordinary repairs, re-equipping and refurnishing 
its junior high school building. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodeling, reconstructing and 
making extraordinary repairs to the junior high school building and 
re-equipping and refurnishing the same, the town of Lexington may 
borrow, within a period of two years from the passage of this act, such 
sum as may be necessary, not exceeding six hundred thousand dollars, 
and may issue bonds or notes therefor, which shall bear on their face 
the words, Lexington School Remodeling Loan, Act of 1958, and such 
loan shall be paid in not more than ten years from its date. Indebted- 
ness incurred under this act shall be in excess of the statutory limit, but 
shall, except as herein provided, be subject to chapter forty-four of the 
General Laws, exclusive of the limitation contained in the first para- 
graph of section seven thereof. 

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

Approved January 27, 1958. 

Chap. 5. An Act increasing the amount the town of falmouth 

MAY appropriate FOR PUBLIC AMUSEMENTS OR ENTER- 
TAINMENTS. 

Be it enacted, etc., as follows: 

Section L Chapter 157 of the acts of 1929 and chapter 34 of the 
acts of 1938 are hereby repealed. 

Section 2. The town of Falmouth may, by a majority vote, appro- 
priate each year a sum not exceeding five thousand dollars for providing 
amusements or entertainments of a public character. The money so 
appropriated by the town shall be expended under the direction of the 
board of selectmen. 

Section 3. Any action taken by the town of Falmouth at its annual 
town meeting in the current year pursuant to authority contained in 
section two 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 
annual town meeting. 

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

Approved January 27, 1958. 



Acts, 1958. — Chaps. 6, 7, 8. 7 

Chap. 6. An Act confirming the validity of the signature on 

CERTAIN certificates OF REGISTRATION AND CERTAIN LI- 
CENSES TO OPERATE MOTOR VEHICLES. 

Be it enacted, etc., as follows: 

Section 1. Section 5 of chapter 16 of the General Laws is hereby 
amended by striking out the last sentence, as appearing in chapter 586 
of the acts of 1947. 

Section 2. Chapter 90 of the General Laws is hereby amended by 
inserting after section 33 the following section : — Section 33 A . In case 
the registrar, deputy registrar or the duly authorized agent of either 
whose signature or a facsimile of whose signature appears on a certifi- 
cate of registration, a license to operate motor vehicles, any other 
certificate, or license, or any notice, issued under the provisions of this 
chapter, shall cease to be such registrar, deputy registrar or agent 
prior to the effective date thereof, such signature or facsimile shall 
nevertheless be valid and sufficient for all purposes to the same extent 
as if he had remained in office until and including such effective date. 

Section 3. To the fullest possible extent section thirty-three A of 
chapter ninety of the General Laws, inserted by section two of this 
act, shall be construed to be declaratory of existing law. 

Approved January 27, 1958. 



Chap. 7. An Act relative to the effective date of certain 

RULES and regulations ADOPTED BY THE BOSTON TRAFFIC 
COMMISSION. 

Be it enacted, etc., as follows: 

Section 2C of chapter 263 of the acts of 1929, inserted by section 5 
of chapter 253 of the acts of 1957, is hereby amended by striking out the 
second paragraph and inserting in place thereof the following para- 
graph : — 

No rule or regulation adopted by the Boston traffic commission shall 
take effect until published in the City Record. 

Approved January 27, 1958. 



Chap. 8. An Act authorizing the public improvement com- 
mission OF THE CITY OF BOSTON TO ABANDON EASEMENTS 
held by said CITY FOR THE PURPOSES OF ITS WATER SYSTEM. 

Be it enacted, etc., as follows: 

The public improvement commission of the city of Boston by pro- 
ceeding in the manner provided for the discontinuance of a public way 
in said city may, with the approval of the mayor, abandon any easement 
or right held by said city for the purposes of its water system if in the 
opinion of said commission such easement or right is no longer required 
for such purposes. Approved January 27, 1958. 



8 Acts, 1958. — Chaps. 9, 10. 

Chap, 9. An Act providing that the receipts from the com- 
munity CENTER MAINTAINED BY THE TOWN OF READING 
MAY BE EXPENDED BY THE SELECTMEN FOR THE MAIN- 
TENANCE AND OPERATION OF SAID CENTER WITHOUT APPRO- 
PRIATION. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Reading shall deposit 
with the town treasurer all monies received from the maintenance and 
operation of the community center, from rentals, sales of supplies or 
other articles, as well as from gifts and donations, which deposits shall 
be kept on the books of the town in a separate account to be known as 
the community center fund. The selectmen may, without appropria- 
tion, expend from said fund, such sums as they deem necessary for the 
maintenance and operation of said community center, notwithstanding 
the provisions of section fifty-three of chapter forty-four of the General 
Laws. 

The provisions of this act shall not affect the power of said town to 
appropriate money for the purposes of said center, to be in addition to 
funds provided from other sources. 

Section 2. This act shall take effect upon its acceptance by majority 
vote of the town of Reading at an annual or special town meeting, but 
not otherwise. Approved January 27, 1968. 



Chap. 10. An Act providing for a forty-eight hour week for 
permanent members of the fire department in the 
town of winthrop. 

Be it enacted, etc., as follows: 

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

Section 2. This act shall be submitted for acceptance by said town 
at its annual town meeting in the current year in the form of the follow- 
ing question, which shall be placed on the official ballot to be used for 
the election of town officers at said meeting: — "Shall an act passed 
by the General Court in the current year, entitled 'An Act providing 
for a forty-eight hour week for permanent members of the fire depart- 
ment in the town of Winthrop' be accepted?" If a majority of votes 
in answer to said question is in the affirmative, this act shall thereupon 
take full effect, but not otherwise. Approved January 27, 1958. 



Acts, 1958. — Chaps. 11, 12, 13. 9 

Chap. 11. An Act to ascertain the will of the voters of the 

TOWN OF north ANDOVER WITH REFERENCE TO THE 
FLUORIDATION OF THE TOWN WATER SUPPLY. 

Be it enacted, etc., as follows: 

Section 1 . For the purpose of ascertaining the will of the voters of 
the town of North Andover with reference to the question of the fluorida- 
tion of the town water supply, there shall be placed upon the official 
ballot to be used at the town election in the current year the following 
question: — "Shall the water supply of the town of North Andover be 
fluoridated? " If a majority of the votes in answer to said question is in 
the affirmative, it shall be deemed and taken to be the will of the voters 
of said town that the water supply thereof be fluoridated, and if a 
majority of said votes is in the negative, it shall be deemed and taken 
to be the will of said voters that said water supply shall not be fluori- 
dated. 

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

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

Approved January 27, 1958. 

Chap. 12, An Act validating and confirming the action taken 

BY the voters of THE TOWN OF MILFORD RELATIVE TO 
the ESTABLISHMENT OF OFF-STREET PARKING FACILITIES 
IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The action of the voters of the town of Milford taken 
at the annual town meeting held in said town on March fourth, nineteen 
hundred and fifty-seven, on the following question which appeared on 
the official ballot used at said meeting as follows: — "Shall an act 
passed by the General Court in the current year, entitled 'An Act to 
authorize establishment of off-street parking facilities in the town of 
Milford', be accepted?" is hereby ratified and confirmed, notwith- 
standing the fact that warning that such vote was to be taken by ballot 
was not given in the warrant for such meeting. 

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

Approved January 28, 1968. 

Chap. 13. An Act to authorize the hadley water supply dis- 
trict TO MAKE AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of laying water mains of not less than 
eight inches but less than sixteen inches in diameter, the Hadley Water 
Supply District may borrow, from time to time within five years from 
the passage of this act, such sums as may be necessary, not exceeding, 
in the aggregate, one hundred and thirty-eight thousand dollars and 
may issue bonds or notes therefor which shall bear on their face the 
words, Hadley Water Supply District Loan, Act of 1958. Each author- 



10 Acts, 1958. — Chaps. 14, 15. 

ized issue shall constitute a separate loan, and such loans shall be paid 
in not more than thirty years from their dates. Indebtedness incurred 
under this act shall be within the limits of the amount prescribed by the 
last paragraph of section eight of chapter forty-four of the General 
Laws and, except as otherwise provided herein, shall be subject to the 
provisions of said chapter. 

Section 2. Any action taken pursuant to authority contained in this 
act by the Hadley Water Supply District at the special district meeting 
held on October twenty-fourth, nineteen hundred and fifty-seven, 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 district meeting. 

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

Approved January 28, 1958. 

Chap. 14. An Act relative to the number of trustees of milton 
academy and increasing the amount of property 
they may hold. 
Be it enacted, etc., as follows: 

Section 1. The act approved March 3d, 1798, and entitled "An 
act for establishing an Academy in the Town of Milton, by the name of 
Milton Academy", is hereby amended by striking out section 5, as most 
recently amended by chapter 204 of the acts of 1947, and inserting in 
place thereof the following section: — Section 5. Be it further enacted, 
That the number of the said trustees shall be as from time to time pro- 
vided in the by-laws of Milton Academy, but shall in no event be less 
than nine, five of whom shall constitute a quorum to do business. 

Section 2. Section 1 of chapter 208 of the acts of 1900, as amended 
by chapter 179 of the acts of 1921, is hereby further amended by striking 
out, in line 5, the word "three" and inserting in place thereof the word: — 
fifteen, — so as to read as follows: — Section 1. The Trustees of Milton 
Academy may accept, receive and take, by gift, grant, devise or other- 
wise, and may hold any real and personal estate within or without the 
commonwealth to an amount not exceeding fifteen million dollars, and 
may sell and dispose at its discretion of any real or personal estate 
within or without the commonwealth which has been or may hereafter 
be given, granted or devised to it, or which is held by it and not ex- 
pressly forbidden to be so sold or disposed of by the terms of the gift, 
grant, devise or receipt thereof. Approved January 28, 1958. 

Chap. 15. An Act providing that, in determining freedom from 
tuberculosis of persons employed in schools, a chest 
x-ray may be omitted if an intradermal tuberculin 

TEST IS negative. 

Be it enacted, etc., as follows: 

Chapter 71 of the General Laws is hereby amended by striking out 
section 55B, as most recently amended by chapter 658 of the acts of 1954, 
and inserting in place thereof the following section : — Section 55B. 
No person known to be suffering from tuberculosis in a communicable 
form, or having evidence or symptoms thereof, shall be employed or 
continued in employment at any school in the commonwealth, including 
any college or university, in any capacity which might bring him into 
direct contact with any student at such school. Immediately prior to 



Acts, 1958. — Chap. 15. 11 

his entering into any such employment, and at least every three years 
during the course of his employment thereafter, each school superin- 
tendent, principal, director, teacher, food handler, janitor, school bus 
driver, nurse, doctor or other person whose duties bring him into such 
direct contact, shall file with the superintendent or other person having 
charge of such school, on forms furnished by the department of public 
health and approved by the department of education, a report, made 
by a registered physician, relative to his freedom from tuberculosis in a 
communicable form, and such report shall be kept as a part of the records 
of such school authorities. Such report shall be accompanied by an 
X-ray of such person's chest taken not more than ninety days prior 
thereto or by the results of an intradermal tuberculin test taken not 
more than ninety days prior thereto, and by the results of such other 
laboratory tests and clinical examinations as may be essential to a 
diagnosis of tuberculosis in a communicable form. If the results of the 
intradermal tuberculin test were positive, then this report shall be 
accompanied by an X-ray of such person's chest taken not more than 
ninety days prior thereto. All X-ray films shall be submitted for review 
to the department of public health or to the county or municipal tuber- 
culosis sanatorium of the district or municipality in which such school 
is located, and where the X-ray so submitted is for any reason not satis- 
factory, an X-ray of the employee's chest shall be made by said depart- 
ment or such sanatorium. When such X-ray shows a pulmonary lesion 
which cannot be properly evaluated on a single film, further X-ray 
examinations shall be made, at such intervals as it may require, and 
without charge, by said department or such sanatorium. Cases in 
which the question of communicability of tuberculosis arises may on 
appeal be referred to a board of three competent physicians, appointed 
by the commissioner of public health, and their decision shall be final. 
Such reports and X-rays or intradermal tubercuUn tests shall be required 
at least every three years from all school employees other than substitute 
teachers or employees who do not work more than thirty calendar days 
in any school year; provided, that such re-examination shall not be 
required within three years of any previous examination for any school 
employee who may transfer within the commonwealth. Any teacher, 
other than a teacher in the public schools, or any other employee 
excluded or removed from employment on account of tuberculosis in a 
communicable form shall be carried on sick leave with pay for such 
period as he may be entitled to under the regulations of the school com- 
mittee or other school officers; and any teacher in a public school, or 
other employee therein whose duties bring him into direct contact with 
any student thereat, shall, if excluded or removed from employment on 
account of tuberculosis in a communicable form be carried on sick leave 
with pay for the entire period of such exclusion or removal, but in no 
case for more than two years, and for such further additional period 
as he may be entitled to under the regulations of the school committee 
or other school officers. No teacher or employee so excluded or removed 
shall return to employment in a school until properly certified by the 
department of public health, or such county or municipal sanatorium, 
on the basis of X-ray and laboratory examinations, as free from tubercu- 
losis in a communicable form. Facilities for free X-ray service shall be 
provided by state, county and municipal sanatoria for all persons who 
come within the scope of this section. Approved January 28, 1968. 



12 Acts, 1958. — Chaps. 16, 17, 18. 

Chap. 16. An Act to provide unlimited tenure for Arthur e. 

COLLINS, incumbent OF THE OFFICE OF TOWN ACCOUNTANT 
OF THE TOWN OF SHARON. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of Arthur E. Collins, incumbent of 
the office of town accountant of the town of Sharon, 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 be submitted for acceptance by said town 
at its next annual town meeting in the form of the following question, 
which shall be placed on the official ballot to be used for the election of 
town officers at said meeting: — "Shall an act passed by the General 
Court in the current year, entitled ' An Act to provide unlimited tenure 
for Arthur E. Collins, incumbent of the office of town accountant of the 
town of Sharon ', be accepted? " If a majority of votes in answer to said 
question is in the affirmative, this act shall thereupon take full effect, 
but not otherwise. Approved January 28, 1958. 

Chap. 17, An Act placing the office of agent of the board of 

HEALTH of THE TOWN OF SOUTH HADLEY UNDER THE 
CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 

Section 1 . The office of agent of the board of health of the town of 
South Hadley shall, upon the effective date of this act, become subject 
to the civil service laws and rules, and the tenure of office of any incum- 
bent 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: — "Shall an act passed by the General Court in the 
year nineteen hundred and fifty-eight, entitled 'An Act placing the 
office of agent of the board of health of the town of South Hadley under 
the civil service laws', 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 January 28, 1958. 

Chap. 18. An Act providing that the question of acceptance 
of certain provisions of law relating to the estab- 
lishment of the police department in the town of 
franklin be placed upon the official ballot at the 
town meeting in the current year. 

Be it enacted, etc., as follows: 

At the annual meeting for the election of officers in the town of 
Franklin to be held in the current year, there shall be submitted to the 



Acts, 1958. — Chaps. 19, 20. 13 

voters thereof the following question which shall be placed upon the 
official ballot to be used for the election of town officers at said meet- 
ing: — "Shall the town of Franklin accept the provisions of section 
ninety-seven A of chapter forty-one of the General Laws, providing 
for the establishment of a police department under the supervision of 
an officer to be known as the chief of police? " If a majority of the votes 
in answer to said question is in the affirmative, then the provisions of 
said section ninety-seven A shall be deemed to be in effect in said town, 
but not otherwise. Approved January 28, 1958. 

Chap. 19. An Act relative to the establishment of district 
societies of the massachusetts medical society. 

Be it enacted, etc., as follows: 

Chapter 123 of the acts of 1802 is hereby amended by striking out 
section 5 and inserting in place thereof the following section : — Sect. 
5th. And be it further enacted, that the Counsellors may establish, 
within such Districts and portions of this Commonwealth, as they shall 
think expedient, Subordinate Societies, and meetings, to consist of the 
Fellows of the said Corporation residing or practising within such 
Districts respectively, wherein the communication of cases and experi- 
ments may be made, and the diffusion of knowledge in Medicine and 
Surgery may be encouraged and promoted. The members of such 
Subordinate societies shall be holden to report to the Counsellors of the 
general Society all such cases as may be selected for their importance 
and utility; and the said subordinate Societies shall be subject to the 
regulations of the general Society in all matters wherein the general 
Society shall be concerned; and the said Subordinate Societies may 
appoint their own officers, and establish regulations for their particular 
government, not repugnant to the bye-laws of the general society; and 
shall be capable to purchase, and receive by donation, Books, Philo- 
sophical, and Chirurgical Instruments, or other personal property, and 
may hold and dispose of the same exclusively of any authority of the 
general Society. Approved January 28, 1968. 

Chap. 20. An Act authorizing the town of amesbury to acquire 
and administer the property of a cemetery located 
therein, known as the old corner cemetery. 

Be it enacted, etc., as follows: 

Section 1. The town of Amesbury is hereby authorized to acquire 
by gift, purchase or otherwise, title to certain land in said town used as 
a private cemetery and known as the Old Corner Cemetery, and located 
easterly of the fire station on Elm street in said town, and thereafter 
to hold and maintain, for cemetery purposes only, and subject to all 
rights heretofore existing in any burial lots, the real and personal prop- 
erty not subject to any trust, and thereupon, and upon the transfer of 
trust funds, if any, as hereafter provided, said cemetery shall be and 
become a public burial place, ground or cemetery. 

Section 2. In so far as authorized by a decree of a court of compe- 
tent jurisdiction, and in compliance with the terms and conditions of 
such decree, the town of Amesbury may receive from the proprietors of 



14 Acts, 1958. — Chap. 21. 

the Old Corner Cemetery a conveyance and transfer of, and administer, 
all funds or other property held in trust for the perpetual care of the 
lots in the cemetery and for other purposes, and also any property 
bequeathed to and for the benefit of said Old Corner Cemetery under 
the will of any person living at the time of said transfer and conveyance 
or under the will of any deceased person not then probated. 

Interest and dividends accruing on funds deposited in trust with any 
savings bank under authority of section twenty-five of chapter one 
hundred and sixty-eight of the General Laws, or with any other banking 
institution, for the benefit of said cemetery, or of any lots therein, may 
after such transfer and conveyance be paid by such bank or institution 
to the treasurer of said town; and upon such payment said treasurer 
shall use the same for the purpose of said trusts. 

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

Section 4. This act shall take effect upon its acceptance by a ma- 
jority vote of the town meeting members voting thereon at the annual 
town meeting or at a special town meeting called for the purpose within 
one year of the date of its passage. For the purposes of acceptance 
only this act shall take effect upon its passage. 

Approved January 30, 1968. 



Chap. 21. An Act authorizing the transfer of the property 
and funds of the mount prospect cemetery associa- 
tion in amesbury to the town of amesbury. 

Be it enacted, etc., as follows: 

Section 1. The Mount Prospect Cemetery Association, also known 
as the Mount Prospect Cemetery Corporation, organized in eighteen 
hundred and fifty-two in that part of the town of Salisbury which is 
now Amesbury, hereinafter called the Association, may, by deed duly 
executed, convey and transfer to the town of Amesbury, and said town 
is hereby authorized and empowered to receive, and thereafter to hold 
and maintain, but for cemetery purposes only and subject to all rights 
heretofore existing in any burial lots, the real and personal property of 
the Association not subject to any trust, and thereupon, or upon the 
transfer of the trust funds as hereinafter provided, the Association shall 
be dissolved; and the cemetery of the Association shall be and become 
a public burial place, ground or cemetery. 

Section 2. In so far as authorized by a decree of a court of compe- 
tent jurisdiction, and in comphance with the terms and conditions of 
such decree, said town, upon its acceptance of an offer of conveyance 
and transfer, as provided in section one, may receive from the Associa- 
tion a conveyance and transfer of, and administer, the funds or other 
property held by the Association in trust for the perpetual care of the 



Acts, 1958. — Chap. 22. 15 

lots in its cemetery and for other purposes, and also any property devised 
or bequeathed to the Association under the will of any person living at 
the time of said transfer or conveyance or under the will of any deceased 
person not then probated. Interest and dividends accruing on funds 
deposited in trust with any savings bank under authority ot section 
twenty-five of chapter one hundred and sixty-eight of the General 
Laws, or with any other banking institution, for the benefit of the Asso- 
ciation, or of any lots in its cemetery, may, after such conveyance, be 
paid by such bank or institution to the treasurer of said town; and 
upon such payment said treasurer shall use the same for the purposes 
of said trusts. 

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

Section 4. This act shall take effect upon its acceptance by a ma- 
jority vote of the town meeting members voting thereon at an annual 
town meeting or at a special town meeting called for the purpose within 
one year after the date of its passage. For the purposes of acceptance 
only this act hhall take effect upon its passage. 

Approved January SO, 1968. 



Chap. 22. An Act authorizing the town of Salisbury to vote 

AT its current ANNUAL TOWN MEETING ON THE QUESTION 
OF GRANTING LICENSES FOR THE SALE IN SAID TOWN OF 
ALCOHOLIC BEVERAGES. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any limitations imposed by section 
eleven of chapter one hundred and thirty-eight of the General Laws as 
to the time for voting upon the questions therein set forth, the town 
clerk of the town of Salisbury shall place upon the official ballot to be 
used for the election of town officers at its annual town meeting in the 
current year the following subdivided question : — 

A. Shall licenses be granted in this town for the sale 
therein of all alcoholic beverages (whiskey, rum, gin, malt 
beverages, wines and all other alcoholic beverages)? 

B. Shall licenses be granted in this town for the sale 
therein of wines and malt beverages (wines and beer, ale 
and all other malt beverages)? 

C. Shall licenses be granted in this town for the sale 
therein of all alcoholic beverages in packages, so called, 
not to be drunk on the premises? 

Section 2. If a majority of the votes cast in said town in answer to 
subdivision A is in the affirmative, said town shall, irrespective of the 
result of the votes in answer to subdivisions B and C, be taken to have 



YES 




NO 





NO 



YES 

NO 







16 Acts, 1958. — Chap. 23. 

authorized, for the remainder of the calendar year, the retail sale in 
said town of all alcoholic beverages to be drunk on and off the premises 
where sold, in accordance with the provisions ot chapter one hundred 
and thirty-eight of the General Laws. 

If a majority of the votes cast in said town in answer to subdivisions 
A and C is not in the affirmative, but a majority thereof in answer to 
subdivision B is in the affirmative, said town shall be taken to have 
authorized, for the remainder ot the calendar year, the retail sale therein 
of wines and malt beverages only to be drunk on and off the premises 
where sold, in accordance with the provisions of said chapter one hun- 
dred and thirty-eight. 

If a majority of the votes cast in said town in answer to subdivision A 
and to subdivision B is not in the affirmative, but a majority thereof in 
answer to subdivision C is in the affirmative, said town shall be taken 
to have authorized, for the remainder of the calendar year, the retail 
sale therein of all alcoholic beverages but only in packages, so called, 
not to be drunk on the premises where sold, in accordance with the 
provisions of said chapter one hundred and thirty-eight. 

If a majority of the votes cast in said town in answer to subdivision A 
is not in the affiimative, but a majority thereof in answer to subdivi- 
sions B and C is in the affirmative, said town shall be taken to have 
authorized, for the remainder of the calendar year, the retail sale therein 
of wines and malt beverages to be drunk on and off the premises where 
sold, and also the sale of all other alcohoHc beverages but only in pack- 
ages, so called, not to be drunk on the premises where sold, in accord- 
ance with the provisions of said chapter one hundred and thirty -eight. 

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

Approved January SO, 1958. 

Chap. 23. An Act authorizing the town of falmouth to lease 

LAND and facilities FOR A MUNICIPAL AIRPORT AND TO 
APPROPRIATE MONEY THEREFOR. 

Be it enacted, etc., as follows: 

Section 1. The town of Falmouth is hereby authorized to lease 
from any person for a term of not less than five years land and faciHties 
for the purpose of establishing a municipal airport. Said town may 
raise and appropriate for said purposes a sum of money not to exceed 
six thousand dollars per year during the term of any such lease or re- 
newal thereof. 

Section 2. Any action taken by the town of Falmouth at its 
annual town meeting in the current year pursuant to authority con- 
tained in section one shall be vahd and effective for all purposes as 
though this act were in effect at the time of the posting of the warrant 
for said annual town meeting. 

Section 3. This act shall take effect upon its acceptance by a 
majority vote at an annual or special town meeting called for the 
purpose. For the purposes of such acceptance only this act shall take 
effect upon its passage. Approved February 8, 1968. 



Acts, 1958. — Chaps. 24, 25, 26. 17 

Chap. 24. An Act authorizing the submission to the voters 
OF the town of north attleborough of a question 
pertaining to the fluoride supplementation of its 
water supply. 

Be it enacted, etc., as follows: 

Section 1. At the annual town election in the town of North 
Attleborough to be held in the current year, there shall be submitted 
to the voters the following question which shall be printed upon the 
official ballot to be used at said election: — "Are you in favor of the 
fluoride supplementation of the North Attleborough water supply?" 
If a majority of those voting vote in favor of such supplementation, the 
board of health of said town is hereby authorized and directed to take 
any and all necessary measures, either by itself or those designated by 
it, to carry into effect the fluoride supplementation of the water supply 
of said town. 

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

Approved February 3, 1968. 

Chap. 25. An Act authorizing the town of falmouth to appro- 
priate money to finance connecting abutting owners 

OF SAID town with THE WOODS HOLE SEWERAGE SYSTEM 
AND TO PROVIDE FOR REIMBURSEMENT TO SAID TOWN 
THEREFOR. 

Be it enacted, etc., as follows: 

Section 1 . The town of Falmouth is hereby authorized to raise and 
appropriate such sums as may be necessary to pay for the cost of con- 
necting abutting owners in said town with the Woods Hole sewerage 
system, and to provide for the levying of annual assessments on such 
abutting owners so that said town may be reimbursed for the total cost 
of such connections within a period not to exceed twenty years. 

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

Section 3. This act shall take effect upon its acceptance by a 
majority vote at an annual or special town meeting called for the pur- 
pose. For purposes of such acceptance only this act shall take effect 
upon its passage. Approved February 3, 1958. 

Chap. 26. An Act increasing the authorized capital stock of 
co-operative corporations. 

Be it enacted, etc., as follows: 

The first paragraph of section 4 of chapter 157 of the General Laws, 
as appearing in section 3 of chapter 378 of the acts of 1949, is hereby 
amended by striking out the first sentence and inserting in place thereof 
the following sentence : — The capital stock of a co-operative corpora- 
tion formed under section three or section three A shall not be less than 
one hundred dollars nor more than five million dollars. 

Approved February 3, 1968. 



18 Acts, 1958. — Chaps. 27, 28, 29. 

Chap. 27. An Act providing that a certificate authorizing 

THE payment under CERTAIN CIRCUMSTANCES OF LESS 
THAN MINIMUM FAIR WAGE RATES BE ISSUED TO AN EM- 
PLOYER INSTEAD OF TO AN EMPLOYEE. 

Be it enacted, etc., as follows: 

Chapter 151 of the General Laws is hereby amended by striking out 
section 9, as amended by chapter 225 of the acts of 1957, and inserting 
in place thereof the following section : — Section 9. For any occupa- 
tion within the scope of the minimum fair wage law, the commissioner 
may cause to be issued to an employer of any learner, or of an employee 
under an approved apprentice training program, or of an employee 
whose earning capacity is impaired by age or physical or mental defi- 
ciency or injury, a special certificate authorizing employment at such 
wages, less than the established minimum fair wage rates, and for such 
period of time, as shall be fixed by the commissioner and stated in the 
certificate. Approved February 3, 1958. 

Chap. 28. An Act providing for life tenure for Herbert e. 

HART, incumbent OF THE OFFICE OF HIGHWAY SUPERIN- 
TENDENT OF THE TOWN OF BLANDFORD. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of Herbert E. Hart, incumbent of 
the office of highway superintendent of the town of Blandford, 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 Blandford present and voting 
thereon at an annual town meeting or at a special town meeting called 
for the purpose. Approved February 3, 1968. 

Chap. 29. An Act extending the time within which the lanes- 
borough garden circle sewer district may borrow 
money to pay certain necessary expenses and lia- 
bilities of said district. 

Be it enacted, etc., as follows: 

Section 9 of chapter 133 of the acts of 1951 is hereby amended by 
striking out, in lines 3 and 4, the words ", within five years after the 
passage of this act,", — so as to read as follows: — Section 9. For the 
purpose of paying the necessary expenses and liabilities incurred under 
this act, the district may from time to time borrow such sums as may 
be necessary, not exceeding, in the aggregate, ninety thousand dollars, 
and may issue bonds or notes therefor, which shall bear on their face 
the words, Lanesborough Garaen Circle Sewerage Loan, Act of 1951. 
Each authorized issue shall constitute a separate loan, and such loans 
shall be payable in not mcie than thirty years from their dates. In- 
debtedness incurred under this act shall be in excess of the statutory 
limit, but shall, except as provided herein, be subject to chapter forty- 
four of the General Laws. Approved February 3, 1968. 



Acts, 1958. — Chaps. 30, 31. 19 

Chap. 30. An Act permitting the town of Orleans to appro- 
priate, RAISE AND expend CERTAIN SUMS OF MONEY FOR 
MUNICIPAL ADVERTISING. 

Be it enacted, etc., as follows: 

Section 1. The lown of Orleans may appropriate annually a sum 
not exceeding three thousand dollars for the purpose of advertising and 
promoting the advantages of said town, and for the erection and main- 
tenance of information booths therein; provided, however, that a sum 
at least equal to the amount of such appropriation shall be contributed 
by public subscription or by donation or legacy, and paid into the town 
treasury to be expended, in addition to the sums appropriated, for the 
aforesaid purposes. The money so appropriated and so contributed 
shall be expended under the direction of the selectmen. 

Section 2. This act shall take effect upon its acceptance by a 
majority vote of the town meeting members voting thereon at an 
annual or special town meeting called for the purpose. 

Approved February S, 1958. 

Chap. 31. An Act to provide for the creation of a board of 

license commissioners in the town of SALISBURY. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Salisbury shall, upon 
acceptance of this act as provided in section five, appoint a board of 
license commissioners consisting of seven members, each of whom shall 
have been a resident of said town for at least two years immediately 
preceding his appointment, to serve for the following terms : — two 
members for one year, two members for two years and three members 
for three years. They shall hold office until their respective successors 
are appointed and qualified, and thereafter at the expiration of the term 
of each member, his successor shall be appointed for a term of three 
years. Any vacancy in said board shall be filled by the selectmen, on 
the recommendations of the remaining members of the board, and the 
person or persons so appointed to fill such vacancy shall serve for the 
remainder of the unexpired term. 

Section 2. No member of the board shall be engaged directly or 
indirectly in the manufacture or sale of intoxicating liquors, or hold any 
other town ofiice. If any member of the board shall engage directly or 
indirectly in the manufacture or sale of intoxicating liquors, his office 
shall thereupon become vacant. Five members of the board shall con* 
stitute a quorum for the transaction of business. 

Section 3. All licenses issued in the said town for the sale of intoxi- 
cating liquors shall be issued and signed only by the said board of license 
commissioners, and shall be recorded in their office; and all the powers 
and duties relating to said licenses, or to the sale of intoxicating liquors, 
now or hereafter vested in the selectmen of towns shall be exercised and 
performed by the said board. 

Section 4. The town may appropriate a reasonable sum of money 
for the compensation of its license commissioners, and shall pay reason- 
able expenses incurred by the board for blank books, printing and other 
necessary expenses, approved by the board. 



20 Acts, 1958. — Chap. 32. 

Section 5. This act shall be submitted to the voters of the town of 
Salisbury at the annual to\vn meeting in the current year in the form 
of the following question, which shall be printed on the official ballot 
to be used at said meeting for the election of town officers: — "Shall an 
act passed by the general court in the year nineteen hundred and fifty- 
eight, entitled 'An Act to provide for the creation of a board of license 
commissioners in the town of Salisbury', be accepted?" If a majority 
of the votes in answer to said question is in the affirmative, this act 
shall thereupon take full effect. Approved February 3, 1968. 



Chap. 32. An Act relating to the accelerated highway 

PROGRAM. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to make available without delay certain unexpended 
balances of existing bond issues and certain federal funds for highway 
construction, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public health, safety 
and convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 718 of the acts of 1956 is hereby 
amended by striking out the second paragraph and inserting in place 
thereof the following paragraph: — 

The department and the commission shall accept any federal funds 
for such projects, and such funds, when received, shall be credited to the 
Highway Fund, provided, however, that federal funds received on 
account of allocations as provided in section one of chapter four hun- 
dred and three of the acts of nineteen hundred and fifty-four to the 
amount of sixty-seven miUion dollars shall be used as provided in said 
section one of said chapter four hundred and three. Prior to the antici- 
pated receipt of federal funds in excess of said sixty-seven million dollars 
there is hereby authorized to be expended by the department, without 
further appropriation, an amount not to exceed two hundred million 
dollars for projects described in the first paragraph of this section. 
Funds authorized to be expended in this paragraph are to be in addition 
to funds authorized in the first paragraph of this section, and to funds 
authorized by the provisions of chapters three hundred and six of the 
acts of nineteen hundred and forty-nine, six hundred and eighty-five 
of the acts of nineteen hundred and fifty, five hundred and fifty-six of 
the acts of nineteen hundred and fifty-two and four hundred and three 
of the acts of nineteen hundred and fifty-four, and all of said acts and 
this act shall be construed so as to supplement one another. 

Section 2. Section 13 of chapter 306 of the acts of 1949 is hereby 
amended by striking out, in lines 3 and 4, the words "June thirtieth, 
nineteen hundred and fifty-one" and inserting in place thereof the 
words: — December first, nineteen hundred and sixty-one. 

Section 3. Section 12 of chapter 685 of the acts of 1950 is hereby 
amended by striking out, in lines 3 and 4, the words "June thirtieth, 
nineteen hundred and fifty- two" and inserting in place thereof the 
words: — December first, nineteen hundred and sixty-one. 

Section 4. Section 11 of chapter 556 of the acts of 1952 is hereby 



Acts, 1958. — Chap. 33. 21 

amended by striking out, in line 15, the word "fifty-six" and inserting 
in place thereof the word: — sixty-one. 

Section 5. Section 11 of chapter 403 of the acts of 1954 is hereby 
amended by striking out, in line 4, the word "fifty-eight" and inserting 
in place thereof the word : — sixty-one. 

Section 6. Notwithstanding the provisions of section fourteen of 
chapter twenty-nine of the General Laws and section two B of chapter 
four hundred and two of the acts of nineteen hundred and fifty-seven, 
appropriations authorized by chapters three hundred and six of the 
acts of nineteen hundred and forty-nine, six hundred and eighty-five 
of the acts of nineteen hundred and fifty, five hundred and fifty-six of 
the acts of nineteen hundred and fifty-two, four hundred and three of 
the acts of nineteen hundred and fifty-four, seven hundred and eighteen 
of the acts of nineteen hundred and ftfty-six, and by this act, shall expire 
as of June thirtieth, nineteen hundred and sixty-three. 

Section 7. For the purpose of facilitating payments under the 
accelerated highway program, and in anticipation of the receipt of 
federal funds for the purpose, the state treasurer may borrow from 
time to time on the credit of the commonwealth, such sums of money 
as may be necessary for the purpose of meeting payments authorized 
under the accelerated highway program, and may issue and renew 
from time to time, notes of the commonwealth therefor, bearing interest 
payable at such times and at such rates as shall be fixed by the state 
treasurer. Such notes shall be issued and may be renewed one or more 
times for such terms, not exceeding one year, as the governor may 
recommend to the general court in accordance with section 3 of Article 
LXII of the Amendments to the Constitution of the Commonwealth; 
provided, that the total amount of such notes, authorized to be issued 
by this section, outstanding at any one time shall not exceed fifty 
million dollars. All interest payments and payments on account of 
principal of such obligations shall be paid from the Highway Fund; 
provided, that notwithstanding any provision of this act, such notes 
shall be general obligations of the commonwealth. 

Approved February 3, 1958. 



Chap. 33. An Act providing for life tenure for the present 
incumbent of the office of highway superintendent 
of the town of new braintree. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of the present incumbent of the 
oflEice of highway superintendent of the town of New Braintree shall 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 be submitted to the voters of said town 
at the annual town meeting in the current year in the form of the fol- 
lowing 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-eight, 
entitled *An Act providing for life tenure for the present incumbent of 



22 Acts, 1958. — Chaps. 34, 35, 36. 

the office of highway superintendent of the town of New Brain tree', 
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. 

Section 3. For the purposes of acceptance only this act shall take 
effect upon its passage. Approved February 4, 1958. 

Chap. 34. An Act authorizing the county commissioners of 

PLYMOUTH county TO PURCHASE A NEW AIRPLANE TO 
REPLACE THE AIRPLANE USED IN THE DETECTION AND 
PREVENTION OF FOREST FIRES. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of Plymouth 
are hereby authorized to purchase a new airplane to replace the airplane 
used in the detection and prevention of forest fires. For said purpose 
the commissioners may expend out of any available funds the sum of 
thirty-five hundred dollars, which sum shall be included in the appro- 
priation for the current year for said county. 

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

Approved February 4, 1968. 

Chap. 35. An Act increasing the amount of personal estate 

THE proprietors OF CEDAR GROVE CEMETERY IN THE 
CITY OF BOSTON MAY HOLD. 

Be it enacted, etc., as follows: 

Section 1. Chapter 237 of the acts of 1887 is hereby amended by 
striking out section 2 and inserting in place thereof the following sec- 
tion: — Section 2. Said corporation may purchase, acquire, receive 
and hold real estate in that part of the city of Boston which was formerly 
Dorchester, to the extent of sixty acres; and said corporation may also 
hold personal estate to an amount not exceeding two million dollars. 

Section 2. Chapter one hundred and one of the acts of nineteen 
hundred and four and chapter two hundred and sixteen of the acts of 
nineteen hundred and thirty-five are hereby repealed. 

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

Approved February 4, 1968, 

Chap. 36. An Act increasing the amount of personal estate 

THE proprietors OF FOREST HILLS CEMETERY IN THE 
city of BOSTON MAY HOLD. 

Be it enacted, etc., as follows: 

Section 1. Chapter 57 of the acts of 1868 is hereby amended by 
striking out section 2 and inserting in place thereof the following sec- 
tion : — Section 2. Said corporation may purchase, acquire, receive 
and hold real estate in that part of the city of Boston known as West 
Roxbury, in the county of Suffolk, to the extent of three hundred acres; 
and said corporation may also hold personal estate to an amount not 
exceeding five million dollars. 

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

Approved February 4, 1968. 



Acts, 1958. — Chaps. 37, 38, 39. 23 

Chap. 37. An Act extending the time within which certain 

SOLDIERS and SAILORS AND THEIR WIVES, WIDOWS, FATHERS 
OR MOTHERS MAY FILE APPLICATION 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 most recently amended by chapter 41 of the acts of 1957, 
and inserting in place thereof the following section : — Section S. Appli- 
cation for abatement or exemption, as provided in sections one and two, 
of taxes levied in the year nineteen hundred and fifty-seven may be 
made not later than October first, nineteen hundred and fifty-eight, 
notwithstanding any provision of law to the contrary. 

Approved February 4, 1958. 



Chap. 38. An Act relative to the issuance of badges toIiminors 
applying for licenses to work as a bootblack or 

NEWSBOY. 

Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by striking out 
section 71, as amended by section 5 of chapter 133 of the acts of 1945, 
and inserting in place thereof the following section : — Section 71 . Such 
badge shall not be issued until the officer issuing the same shall have 
received, examined, approved and filed evidence that such boy is 
twelve or over, which shall consist of either a birth certificate, a bap- 
tismal certificate showing the date of birth, or a certified copy of the 
official school record of the applicant showing his date of birth. Such 
officer may refuse to issue such badge to any boy who in his opinion, 
after due investigation, is found physically or mentally incompetent 
or unable to do such work in addition to the regular school attendance 
required by law. Approved February 4, 1958. 



Chap. 39. An Act authorizing the town of watertown to 
convey certain park land to helen tsickritzis. 

Be it enacted, etc., as follows: 

Section 1. The town of Watertown, acting through its proper board 
or commission, is hereby authorized to sell and convey to Helen Tsick- 
ritzis a certain parcel of land containing five hundred and sixty-two 
square feet, more or less, now held by said town for park purposes. 
Said parcel is bounded and described as follows : — 

Northerly, by lot 14, as shown on a plan of land in Watertown by 
W. A. Mason & Sons, surveyors, recorded in plan book 181, plan 1, 
Middlesex registry of deeds, southern district, three and thirty-two one 
hundredths (3.32) feet; 

Easterly, by park land ninety-three and eighty-nine hundredths 
(93.89) feet; 

Southerly, by land now or formerly of Tsickritzis five (5) feet; 

Westerly, by land of Tsickritzis eighty-nine and thirty hundredths 
(89.30) feet; be all measurements more or less. 



24 Acts, 1958. — Chaps. 40, 41, 42. 

Section 2. This act shall take effect upon its acceptance by a 
majority vote of the town meeting members voting thereon at an 
annual or special town meeting called for the purpose. 

Ay-proved Febmary 4, 1968. 

Chap. 40. An Act relative to the tenure of office of the 

collector of taxes of the town of ludlow. 
Be it enacted, etc., as follows: 

Section 1. The tenure of office of the present incumbent of the 
office of collector of taxes in the town of Ludlow shall be unlimited 
during good behavior. 

Section 2. This act shall be submitted for acceptance to the voters 
of the town of Ludlow at the annual town meeting in the current year 
in the form of the following question wliich shall be placed upon the 
official ballot to be used for the election of town officers at said meet- 
ing: — "Shall an act passed by the general court in the year nineteen 
hundred and filty-eight, entitled 'An Act relative to the tenure of office 
of the collector of taxes of the town of Ludlow', 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 10, 1958. 

Chap. 4L An Act granting the consent of the commonwealth 

TO A petition by ANGELO SPINA. 

Be it enacted, etc., as follows: 

Section L Angelo Spina of Revere 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 for damages for injuries sustained by him on or about May 
fifteenth, nineteen hundred and fifty-five, at General Edward Lawrence 
Logan International Airport. If such injuries were sustained by reason 
of a defect or want of repair in or upon the premises of said airport, 
and such injury might have been prevented, or such defect or want of 
repair might have been remedied by reasonable care and diligence on 
the part of the commonwealth, the court shall, if the commonwealth 
had or, by the exercise of proper care and diligence, might have had 
reasonable notice of the defect or want of repair, find and determine 
the amount of his damages and order entry of judgment therefor. 

Section 2. This act shall take effect as of the date of its passage. 

Approved February 10, 1958. 

Chap. 42. An Act authorizing the town of Bedford to establish 
IN the town treasury a recreation commission re- 
volving FUND. 

Be it enacted, etc., as follows: 

Section 1. The town of Bedford 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 



Acts, 1958. — Chaps. 43, 44. 25 

received by 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 pro- 
mote the purposes for Avhich such commission was established, the 
provisions of section fifty-three of chapter forty-four of the General 
Laws notwithstanding. 

Section 2. This act shall take full effect upon its acceptance by a 
majority of the voters of the town of Bedford present and voting 
thereon at an annual or special town meeting. 

Approved February 10, 1958. 



Chap. 43. An Act providing that certain increases in the 

AMOUNT OF pensions OF RETIRED FIRE FIGHTERS SHALL 
UPON acceptance be applicable to FIRE FIGHTERS 
RETIRED BY FIRE DISTRICTS. 

Be it enacted, etc., as follows: 

Chapter 427 of the acts of 1957 is hereby amended by striking out 
section 2 and inserting in place thereof the following section : — Section 2. 
This act shall take effect upon its acceptance in a city having a Plan D 
or Plan E charter, by the affirmative vote of a majority of all the mem- 
bers of the city council; in a city not having such a charter by vote of 
the city council, subject to the provisions of the charter of such city; 
in a town, by a majority vote at a town meeting, and in a fire district 
upon its acceptance by the prudential committee of such district and 
by a majority of the legal voters of such district present and voting at 
the next following annual meeting thereof. 

Approved February 10, 1958. 

Chap. 44. An Act authorizing a guardian or conservator to 

EXPEND FUNDS FROM HIS WARD's ESTATE FOR OR TOWARDS 
THE FUNERAL AND BURIAL EXPENSES OF A DECEASED 
MEMBER OF THE WARD's FAMILY. 

Be it enacted, etc., as follows: 

Chapter 201 of the General Laws is hereby amended by inserting 
after section 38, as appearing in the Tercentenary Edition, the following 
section: — Section 38 A. The probate court, upon the apphcation of a 
guardian or conservator or of a member of his ward's family, and after 
such notice to all persons interested as it directs, may authorize and 
require such guardian or conservator to expend funds from the ward's 
estate for or towards the funeral and burial expenses of a deceased 
member of the ward's family. For the purposes of this section, the 
ward's lineal ancestors and descendants and the ward's spouse shall be 
deemed to be members of the ward's family, without however, thereby 
limiting the same. Approved February 10, 1958. 



26 Acts, 1958. — Chaps. 45, 46, 47. 

Chap. 45. An Act authorizing certain officers of credit unions 

TO PAY certain DEPOSITS OR SHARES TO THE SURVIVING 
SPOUSE OR NEXT OF KIN UPON THE DEATH OF A DEPOSITOR 
OR SHAREHOLDER. 

Be it enacted, etc., as follows: 

Chapter 171 of the General Laws is hereby amended by inserting 
after section 11 the following section: — Section 11 A. Deposits or 
shares standing in the name of a deceased depositor or shareholder 
shall, except as otherwise provided in sections ten and eleven, be paid 
to his legal representative; provided that, if the total of such deposits 
and shares does not exceed five hundred dollars and there has been no 
demand for payment by a duly appointed executor or administrator, 
payment may be made, in the discretion of the treasurer or other duly 
authorized officer of the corporation, after the expiration of sixty days 
from the death of such depositor or shareholder, to the surviving spouse 
or next of kin of such deceased, on presentation of a copy of the death 
certificate and the surrender of the pass book, if any, evidencing such 
deposit or shares. Payments made as provided in this section shall 
discharge the liability of the corporation to all persons to the extent of 
such payments. Approved February 10, 1958. 



Chap. 46. An Act removing the restriction on the number 

OF SHARES of CAPITAL STOCK WHICH A CREDIT UNION 
MAY PURCHASE OR HOLD IN THE CENTRAL CREDIT UNION 
FUND, INC. 

Be it enacted, etc., as follows: 

Section 3 of chapter 216 of the acts of 1932 is hereby amended by 
striking out, in line 4, the words "nor more than two thousand", — so 
as to read as follows: — Section 3. Any credit union incorporated 
under the laws of the commonwealth may become a member of the 
corporation by subscribing for, purchasing and holding not less than 
five shares of its capital stock, but no member ciedit union shall invest 
in said shares more than five per cent of its total assets. A credit union 
may withdraw as a member of the corporation in such manner as the 
by-laws of the corporation shall prescribe. 

Approved February 10, 1958. 



Chap. 47. An Act authorizing the commissioner of banks to 
cause a meeting to be held of the directors or 

trustees of any BANK UNDER HIS SUPERVISION. 

Be it enacted, etc., as follows: 

Section 2A of chapter 167 of the General Laws, inserted by chapter 
310 of the acts of 1933, is hereby amended by striking out the first 
sentence and inserting in place thereof the following sentence : — 
Whenever the commissioner deems it expedient he may cause a meeting 
of the board of directors or board of trustees of a bank to be held in 
such manner and at such time and place as he may direct. 

Approved February 10, 1968. 



Acts, 1958. — Chaps. 48, 49. 27 

Chap. 48. An Act making certain corrective changes in the 
general laws by striking out references to the 

office of trial JUSTICE. 

Be it enacted, etc., as follows: 

Section 1. Section 32 of chapter 218 of the General Laws, as 
appearing in the Tercentenary Edition, is hereby amended by striking 
out, in Hne 4, the words "or trial justice". 

Section 2. Section 37 of said chapter 218, as amended by section 1 
of chapter 250 of the acts of 1945, is hereby further amended by striking 
out, in line 4, the words ", trial justices,". 

Section 3. Section 47 of chapter 262 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by striking out, in 
line 6, the words "or trial justice". 

Section 4. Section 50 of said chapter 262, as so appearing, is hereby 
amended by striking out, in line 14, the words "or before a trial justice,". 

Section 5. Section 51 of said chaptei 262, as amended by chapter 
605 of the acts of 1951, is hereby further amended by striking out, in 
line 6, the words "or before a trial justice,". 

Section 6. Section 53 of said chapter 262, as most recently amended 
by chapter 364 of the acts of 1952, is hereby further amended by striking 
out, in lines 6 and 7, and in line 15, the words ", or before a trial justice". 

Section 7. Section 53A of said chapter 262, inserted by chapter 455 
of the acts of 1949, is hereby amended by striking out, in line 4, the 
words "or before a trial justice". 

Section 8. Seciion 56 of said chapter 262, as appearing in the Ter- 
centenary Edition, is hereby amended by striking out, in line 5, the 
words "or trial justice". 

Section 9. Section 57 of said chapter 262, as so appearing, is hereby 
amended by striking out, in lines 4 and 5, the woids "or trial justice". 

Section 10. Section 58 of said chapter 262, as so appearing, is hereby 
amended by striking out, in line 4, the wordb "and trial justice". 

Section 11. Section 59 of said chapter 262, as so appearing, is hereby 
amended by striking out, in line 4, the words "or trial justice". 

Section 12. Section 62 of said chapter 262, as so appearing, is hereby 
amended by striking out, in line 3, the words "trial justice". 

Approved February 10, 1958. 

Chap. 49. An Act making a corrective change in the law pro- 
viding THAT the display OF CERTAIN SIGNS ON ANY 
PREMISES SHALL CONSTITUTE PRIMA FACIE EVIDENCE 
THAT THE OCCUPANT THEREOF IS ENGAGED IN BUSINESS 
AS A GUNSMITH. 

Be it enacted, etc., as follows: 

Chapter 140 of the General Laws is hereby amended by striking out 
section 126, as amended by section 9 of chapter 688 of the acts of 1957, 
and inserting in place thereof the following section: — Section 126. If 
there is exposed from, maintained in or permitted to remain on any 
vehicle or premises any placard, sign or advertisement purporting or 
designed to announce that firearms, rifles, shotguns or machine guns are 
kept in or upon such vehicle or premises or that an occupant of any 



28 Acts, 1958. — Chaps. 50, 51, 52. 

vehicle or premises is a gunsmith, it shall be prima facie evidence that 
firearms, rifles, shotguns or machine guns are kept in or upon such 
vehicle or premises for sale or that the occupant is engaged in business 
as a gunsmith. Approved February 10, 1968. 



Chap. 50. An Act making certain corrective changes in the 

LAW relative to CERTAIN AGREEMENTS IN COURT ACTIONS. 

Be it enacted, etc., as follows: 

Section 72 of chapter 231 of the General Laws, as appearing in the 
Tercentenary Edition, is hereby amended by striking out, in lines 6 and 7, 
the words ", except as provided in section seventy-eight". 

Approved February 10, 1958. 

Chap. 51. An Act clarifying the law relating to promottons 
from the labor service to the official service. 

Be it enacted, etc., as follows: 

Section 15B of chapter 31 of the General Laws, as most recently 
amended by chapter 459 of the acts of 1953, is hereby further amended 
by inserting after the word "grade", in line 3, the words: — , as deter- 
mined by the director, — so as to read as follows: — Section 16B. An 
appointing official, with the approval of the director, may promote to 
the lowest grade, as determined by the director, in the official service of 
a department, or division of a department, board or commission em- 
ployees in the labor service of the same department, or division of a 
department, board or commission who pass a competitive promotional 
examination open to all permanent employees in said labor service of 
said department, or division of a department, board or commission who 
have been employed therein after certification for at least one year. 
The word "department", as used in this section, shall mean a depart- 
ment, or any division, institutional unit or other unit of a department 
in case such a unit is established by law, ordinance or by-law or under 
authority thereof. Approved February 10, 1958. 

Chap. 52. An Act exempting deductions of certain payments 
TO federal and state credit unions from the opera- 
tion OF THE LAWS REGULATING ASSIGNMENT OF WAGES 
AND WEEKLY PAYMENTS OF WAGES. 

Be it enacted, etc., as follows: 

Section 1, Chapter 154 of the General Laws is hereby amended by 
striking out section 8, as most recently amended by section 3 of chapter 
244 of the acts of 1956, and inserting in place thereof the following 
section : — Section 8. None of the foregoing sections of this chapter, 
nor section one hundred and forty-eight of chapter one hundred and 
forty-nine, shall be applicable to or control or prohibit the deduction of 
labor or trade union or craft dues or obligations, or making deposits in, 
purchasing shares of, or for the repayment of any loan from any credit 
union established under the laws of the commonwealth or of the United 



Acts, 1958. — Chaps. 53, 54. 29 

States, or deposits in any savings bank or co-operative bank, or sub- 
scriptions to a non-profit hospital service corporation established under 
chapter one hundred and seventy-six A, or to a medical service corpora- 
tion established 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 em- 
ployer in accordance with a written request made by the individual 
employee; provided, that no such written request, whether recorded 
or not, except in the case of labor or trade union or craft dues, shall be 
regarded as an assignment valid against a trustee process. 

Section 2. The passage of this act shall not adversely affect the 
validity of any deductions of payments to credit unions heretofore 
made in accordance with section eight of chapter one hundred and 
fifty-four of the General Laws, as in effect prior to the effective date of 
this act. Approved February 10, 1968. 



Chap. 53. An Act relative to the service of police officers 
IN other cities and towns. 

Be it enacted, etc., as follows: 

Section 99 of chapter 41 of the General Laws, as most recently 
amended by chapter 214 of the acts of 1951, is hereby further amended 
by inserting after the word "police", in line 3, the words: — , or, in the 
absence of the chief of police or of such person, the commanding officer, — 
so as to read as follows : — Section 99. The mayor, selectmen, chief of 
police, or person however designated having the duties of a chief of 
police, or, in the absence of the chief of pohce or of such person, the 
commanding officer, may, upon the requisition of the mayor or chief of 
police or selectmen of another city or town, provide police officers, who 
shall have the authority of constables and police officers within the 
limits of such city or town, except as to the service of civil process, and, 
while exercising such authority within such limits, shall have the same 
immunities and privileges as when acting within their respective cities 
and towns; and the city or town providing said officers shall be entitled 
to receive from such city or town the amount paid to them for their 
services, including their necessary traveling expenses. 

Approved February 10, 1958. 



Chap. 54. An Act changing the filing date of certain informa- 
tion RETURNS REQUIRED UNDER THE INCOME TAX LAW. 

Be it enacted, etc., as follows: 

Section 1. The last paragraph of section 33 of chapter 62 of the 
General Laws, as appearing in the Tercentenary Edition, is hereby 
amended by striking out, in line 2, the word "March" and inserting in 
place thereof the word : — June. 

Section 2. This act shall take effect on January first, nineteen hun- 
dred and fifty-nine. Approved February 10, 1968. 



30 Acts, 1958. — Chaps. 55, 56, 57. 

Chap. 55. An Act clarifying the law regarding transfers 
OF permanent employees. 

Be it enacted, etc., as follows: 

Chapter 31 of the General Laws is hereby amended by striking out 
section 16A, as amended by section 6 of chapter 703 of the acts of 1945, 
and inserting in place thereof the following section: — Section 16 A. 
Except as otherwise provided by law, any person who has been per- 
manently appointed in accordance with the civil service law and rules, 
and who has actually been employed after permanent appointment 
for at least one year in the official or labor service, may, after apphcation 
in writing to the director by the appointing authority and with the con- 
sent of the director, be transferred to another similar position. No 
position shall be considered as similar which is higher in grade or for 
which there are substantially dissimilar requirements for appointment. 

A temporary transfer, without regard to the class or grade of the 
positions involved, may be authorized by the director for a period not 
to exceed six months if, in his opinion, such transfer will be for the public 
good. 

No transfer shall be made without the consent of the employee and 
the approval and consent of the appointing authority in the department 
or departments involved. Approved February 10, 1958. 

Chap. 56. An Act increasing the fees of court stenographers 

FOR furnishing TRANSCRIPTS OF THEIR NOTES. 

Be it enacted, etc., as follows: 

Chapter 221 of the General Laws is hereby amended by striking out 
section 88, as most recently amended by chapter 85 of the acts of 1957, 
and inserting in place thereof the following section: — Section 88. 
Upon request of the presiding justice or any party, the stenographer 
shall furnish a transcript of his notes or any part thereof, taken at a 
trial or hearing, for which he shall be paid by the party requesting it 
at the rate of thirty-two cents a hundred words for one copy, and twelve 
cents a hundred words for each additional copy if more than one copy 
is ordered at the same time; but if it is requested by the presiding 
justice or, in a criminal case, by the district attorney, payment therefor 
at the same rate shall be made by the county upon a voucher approved 
by him, and, in a criminal case, the expense of transcripts furnished to 
said justice and to the district attorney shall be taxed like other ex- 
penses. Approved February 10, 1958. 

Chap. 57. An Act validating the establishment of a regional 
school district by the towns of ashburnham and 
westminster. 

Be it enacted, etc., as follows: 

Section 1. The organization of a regional school district by the 
towns of Westminster and Ashburnham, including the agreement under 
which such district was established and all acts and proceedings hereto- 
fore done or taken by the said towns or the said district or the officers or 
agents of any of them in connection with said district, are hereby vali- 



Acts, 1958. — Chaps. 58, 59. 31 

dated, and said district is hereby declared to be, and at all times since 
its organization to have been, a valid district with all the rights, powers 
and duties of districts duly organized under section fifteen of chapter 
seventy-one of the General Laws. 

Section 2. Notwithstanding any provisions contained in said 
agreement to the contrary, the present members of said regional school 
district committee shall continue to serve until their successors are 
elected at the annual meeting of each of said towns in the year nineteen 
hundred and fifty-nine. 

Section 3. This act shall take effect upon its acceptance during 
the current year by a majority of the voters of the town of Ashburnham 
present and voting thereon at a special town meeting duly called for the 
purpose, said meeting to be called within sixty days from the date of 
passage of this act. Approved February 11, 1968. 



Chap. 58. An Act providing that the penalty for receiving 
deposits by insolvent banks shall apply to all 
banking institutions subject to the supervision 
of the commissioner of banks. 

Be it enacted, etc., as follows: 

Chapter 266 of the General Laws is hereby amended by striking out 
section 54, as appearing in the Tercentenary Edition, and inserting in 
place thereof the following section : — Section 54- Any officer or em- 
ployee of a bank, as defined in section one of chapter one hundred and 
sixty-seven, who receives or permits the receipt of any deposit knowing 
that such bank is insolvent, shall be punished by imprisonment for not 
more than two and one half years or by a fine of not more than five 
thousand dollars, or both. Approved February 11, 1958. 



Chap. 59. An Act providing that the permanent docket and 
record books of adoption proceedings be segregated 
and the inspection thereof limited. 

Be it enacted, etc., as follows: 

Chapter 210 of the General Laws is hereby amended by striking out 
section 5C, as amended by section 1 of chapter 187 of the acts of 1957, 
and inserting in place thereof the following section : — Section 6C. All 
petitions for adoption, all reports submitted thereunder and all plead- 
ings, papers or documents filed in connection therewith, docket entries 
in the permanent docket and record books shall not be available for 
inspection except by the adopting parent or parents, the child or person 
adopted, their attorney of record, the persons appearing in opposition 
to such petition or their attorneys of record, unless a judge of probate, 
or the register or an assistant register of probate of the county where 
such records are kept, for good cause shown, shall otherwise order. 
Such petitions, reports, pleadings, papers, documents and permanent 
docket and record books shall be segregated. A separate permanent 
docket book shall be provided for all such entries. Nothing contained 
in this section shall apply to the index of the court. 

Approved February 11, 1958. 



32 Acts, 1958. — Chaps. 60, 61, 62. 

Chap. 60. An Act authorizing the hyannis fire district to 
raise and appropriate money for a war memorial 
in said district. 

Be it enacted, etc., as follows: 

Section 1, The Hyannis Fire District is hereby authorized to raise, 
appropriate and expend a sum of money not in excess of three thousand 
dollars for a suitable war memorial within the said district. 

Section 2. This act shall take effect upon its acceptance by a ma- 
jority of the voters of said district present and voting thereon at a 
meeting called for the purpose and held within three years after the 
passage of this act. Approved February 11, 1958. 



Chap. 61. An Act authorizing the filing of certain plans in 
registries of deeds. 

Be it enacted, etc., as follows: 

Chapter 36 of the General Laws is hereby amended by inserting after 
section 13A the following section: — Section 13B. A plan, the original 
of which was prepared by an engineer, surveyor or draftsman who is no 
longer living or whose whereabouts is not known but which plan has been 
referred to in deeds or other documents theretofore duly recorded or a 
plan prepared or bearing a date prior to January first, nineteen hundred 
and sixteen, shall be received for filing in the registry of deeds of the 
district or county where the land lies even though the original or the 
best available print or photo copy thereof does not conform to the rules 
established under section thirteen A, provided there is filed and recorded 
with it a tracing or copy thereof prepared in accordance with said rules 
as then applicable in said registry and duly identified as a copy thereof. 
The fee for filing such plan shall be the recording fee for the tracing or 
copy thereof, as provided by section thirty-eight of chapter two hundred 
and sixty-two, together Avith a further fee to be established in each case 
by the register of deeds with due regard to the probable expense of 
preserving and storing the original or print or photo copy thereof. In 
his discretion, the register may require the person presenting such plan 
for filing to provide and to record an affidavit setting forth the facts 
that qualify said plan to be received under the provisions of this section. 

Approved February 11. 1958. 



Chap. 62. An Act extending the time within which decisions 
shall be made on appeals under the general salary 

plan of the various counties, except SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. Section 7 of chapter 621 of the acts of 1957 is hereby 
amended by striking out the second sentence and inserting in place 
thereof the following sentence: — Said board shall render a decision on 
said appeal within five months of the receipt thereof. 

Section 2. Section 8 of said chapter 621 is hereby amended by strik- 
ing out the last paragraph and inserting in place thereof the following 
paragraph : — 



Acts, 1958. — Chaps. 63, 64. 33 

Said board shall cease to exist when it has decided all appeals referred 
to it under section seven or on July first, nineteen hundred and fifty- 
eight, whichever occurs first. Approved February 11, 1958. 



Chap. 63. An Act prohibiting the holding by officers or cer- 
tain EMPLOYEES OF CREDIT UNIONS OF CERTAIN OFFICES 
OR POSITIONS IN OTHER CREDIT UNIONS. 

Be it enacted, etc., as follows: 

The first paragraph of section 15 of chapter 171 of the General Laws, 
as most recently amended by chapter 94 of the acts of 1952, is hereby 
further amended by adding at the end the following sentence: — A per- 
son holding the office of president, treasurer, member of the credit com- 
mittee, member of the auditing committee, or bookkeeper or an em- 
ployee having access to securities or cash in a credit union shall not hold 
any of said offices or be employed in a capacity in which he has access 
to securities or cash in another credit union at the same time. 

Approved February 11, 1958. 

Chap. 64. An Act establishing the office of comptroller in 

THE TOWN of DEDHAM. 

Be it enacted, etc., as follows: 

Section 1. There shall be in the town of Dedham a comptroller 
who shall be appointed by the selectmen and who shall have, in addition 
to the powers and duties conferred and imposed upon town accountants, 
the powers and duties prescribed in section two hereof. The person so 
appointed shall be a citizen of the United States and shall have had not 
less than three years' full-time experience in municipal or governmental 
accounting. The comptroller shall devote his entire time to the per- 
formance of his duties and the supervision of the employees in his office. 
He shall be appointed in March for the term of three years from the 
first day of April following or until the qualification of his successor. 
He may be removed by the selectmen for cause and the vacancy filled 
by appointment for the remainder of the unexpired term in the same 
manner as in the case of an original appointment. His salary or com- 
pensation shall be such as the personnel board may vote from time to 
time. Subject to appropriation and to the provision of chapter thirty- 
one of the General Laws, he may appoint and employ such officers, 
agents, assistants and employees as may be necessary for the proper 
conduct of his office. The position or office of comptroller shall not be 
subject to the laws and rules pertaining to civil service. 

Section 2. The comptroller shall have, in addition to the powers 
and duties conferred and imposed upon town accountants, the following 
powers and duties: — 

(a) He shall prescribe the methods of installation and exercise super- 
vision of all accounting records of the several officers, boards and com- 
missions of the town; provided, however, that any change in the system 
of accounts shall first be discussed with the selectmen and the officers, 
boards and commissions affected, and shall meet the requirements of 
the state director of accounts. 



34 Acts, 1958. — Chap. 65. 

(6) He shall initiate the preparation and issuance of standard prac- 
tices relating to all accounting matters and procedures and the co- 
ordination of systems throughout the town, including clerical and office 
methods, records, reports and procedures as they relate to accounting 
matters. 

(c) He shall be responsible for a continuous audit of all accounts and 
records of the town wherever located. 

(d) He shall draw all warrants upon the treasurer for the payment of 
bills, drafts and orders chargeable to the several appropriations. 

(e) He shall, prior to submitting any warrant to the selectmen, exam- 
ine and approve as not being fraudulent, unlawful or excessive, all bills, 
drafts and orders covered thereby; and in connection with any such 
examination he may make inspection as to the quahty, quantity and 
condition of any materials, supplies or equipment delivered to or re- 
ceived by any officer, board or commission of the town, and may investi- 
gate the services or labor performed for or furnished to any such officer, 
board or commission. If upon such examination it appears to the comp- 
troller that any such bill, draft or order is fraudulent, unlawful or ex- 
cessive he may disallow and refuse to approve the same for payment, 
in whole or in part, 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 comptroller. 

Section 3. If the comptroller is unable to perform his duties because 
of disability or absence, or if the office is vacant because of resignation 
or death, the selectmen may appoint a temporary comptroller to hold 
such office and exercise the powers and perform the duties thereof until 
the comptroller who was disabled or absent resumes his duties or until 
another comptroller is duly appointed. Said appointment shall be in 
writing, signed by a majority of the selectmen and shall be filed in the 
office of the town clerk. 

Section 4, Upon the qualification of the comptroller first appointed 
hereunder, the town accountant shall cease to serve as such and the 
office of town accountant shall thereupon be abolished. 

Section 5. This act shall take full effect upon its acceptance by the 
town of Dedham by a majority vote of the town meeting members 
present and voting thereon at an annual or special town meeting called 
for the purpose within two years of the passage of this act, but not 
otherwise. Approved February 11, 1968. 

Chap, 65. An Act authorizing the supreme judicial court to 
determine the times and places of jury sittings of 
said court. 

Be it enacted, etc., as follows: 

Section 1. Chapter 211 of the General Laws is hereby amended by 
striking out section 17, as appearing in the Tercentenary Edition, and 
inserting in place thereof the following section: — Section 17. Jury 
sittings of the court shall be held by one justice, who shall have all the 
powers not expressly reserved to the full court. 

If there are pending before the court in the respective counties matters 
requiring trial by jury, such sittings shall be held in the county of Suffolk 
sitting at Boston or in such other county at such places and times as 



Acts, 1958. — Chaps. 66, 67, 68. 35 

the court may determine as being conducive to the dispatch of business 
and to the interest of the pubHc. 

Section 2. Section thirty-eight of chapter two hundred and four- 
teen of the General Laws is hereby repealed. 

Approved February 11, 1968. 

Chap. 66. An Act relative to limitations on donations to cer- 
tain ORGANIZATIONS BY SAVINGS BANKS. 

Be it enacted, etc., as follows: 

Section 68 of chapter 168 of the General Laws, as appearing in sec- 
tion 1 of chapter 432 of the acts of 1955, is hereby amended by striking 
out paragraph 4 and inserting in place thereof the following : — 

4. Limitations. — No such corporation shall expend in the aggregate 
in any one fiscal year, as determined by the commissioner, for all of the 
purposes hereinbefore provided in this section, more than one-half of 
one per cent of its income for the next preceding fiscal year, as so de- 
termined. The total payments made in a fiscal year to any one associa- 
tion, organization or donee shall not, in the case of payments made 
under the authority of paragraph 2 of this section, exceed one-thirteenth 
part of said one-half of one per cent of income and shall not, in the case 
of payments made under the authority of paragraph 3 of this section, 
exceed one-fifth part of said one-half of one per cent of income; pro- 
vided that, in case of payments made under said paragraph 3 to an 
association, organization or donee consisting of ten or more participating 
charities or other agencies, such payments shall not exceed one-third 
part of said one-half of one per cent of income. 

Approved February 11, 1958. 

Chap. 67. An Act confirming and validating the action of the 

TOWN OF WINCHENDON IN SELLING AND CONVEYING THE 
TOWN INFIRMARY LAND AND BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. The action of the town of Winchendon by its board of 
selectmen in selling and conveying to the Winchendon Hospital, Incor- 
porated the town infirmary land and buildings and the terms and condi- 
tions of such sale and conveyance are hereby confirmed and validated. 

Section 2. Action taken by said town of Winchendon under Article 
twenty-three at the adjourned annual town meeting held March sixth, 
nineteen hundred and fifty-three, shall be as valid and effective as 
though this act had been in full force and effect at the time when the 
warrant for said meeting was posted and said action was taken. 

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

Approved February 11, 1958. 

Chap. 68. An Act authorizing the city of quincy to appropriate 

and pay a certain SUM OF MONEY TO URIEL O. MacDONALD. 

Be it enacted, etc., as follows. 

Section 1. The city of Quincy is hereby authorized to appropriate 
and pay the sum of eight thousand five hundred dollars to Uriel O. 
MacDonald for services and materials rendered to said city in the year 



36 Acts, 1958. — Chaps. 69, 70. 

nineteen hundred and fifty-seven for the installation of surface drains in 
Plymouth avenue, which sum is legally uncollectible from said city. 

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 signed and filed M-ith said city 
auditor, stating under the penalties of perjury that said services were 
rendered to said city and said materials were actually used in the said 
installation. 

Section 3. Any person who knowingly files a certificate required 
by section two, which is false, and who thereby receives payment for 
services which were not rendered to said city or materials which were not 
used in said installation 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 February 12, 1958. 

Chap. 69. An Act further defining "disabled veteran" in the 
laws relating to civil service. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is in part to provide for its appUcation forthwith to 
certain disabled veterans, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of the public 
welfare and convenience. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section 23A of chapter 31 of the 
General Laws, as appearing in section 1 of chapter 430 of the acts of 
1956, is hereby amended by inserting after the word "Administration", 
in line 14, the words* — , or who shall present proof satisfactory to the 
director that such disability is a service-incurred disability based on 
wartime service, or for which he is receiving or is entitled to receive a 
statutory award from the Veterans' Administration. 

Section 2. The pro\dsions of section twenty-three A, as amended 
by section one of this act, and section twenty-three B of chapter thirty- 
one of the General Laws shall apply to all civil service lists in existence 
on the effective date of this act, in accordance with civil service laws 
and rules applicable thereto. Approved February 12, 1958. 

Chap. 70. An Act increasing the amount of money a city or 
town may borrow outside its debt limit for certain 

GAS or electric LIGHTING PLANT PURPOSES. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to provide forthwith for an increase in the borrowing 
capacity of cities and towns for the purpose of establishing, purchasing, 
extending or enlarging gas or electric lighting plants, therefore it is 
hereby declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Clause (8) of section 8 of chapter 44 of the General Laws, 
as appearing in the Tercentenary Edition, is hereby amended by insert- 



Acts, 1958. — Chaps. 71, 72. 37 

ing after the word "city", in line 6, the following: — ; provided, however, 
that the emergency finance board, established under chapter forty-nine 
of the acts of nineteen hundred and thirty-three, may authorize a city 
to incur indebtedness under this clause in excess of two and one half 
per cent but not in excess of five per cent of the last preceding assessed 
valuation of such city, and may authorize a town to incur indebtedness 
under this clause in excess of five per cent but not in excess of ten per 
cent of the last preceding assessed valuation of such town. The value 
of motor vehicles and trailers taxable under chapter sixty A, as deter- 
mined thereunder, shall be included in determining the valuation of 
taxable property for the purposes of this clause. 

Section 2. The members of the emergency finance board, when act- 
ing under clause (8) of section eight of chapter fortj'^-four of the General 
Laws shall receive from the commonwealth compensation to the same 
extent as provided under chapter three hundred and sixty-six of the 
acts of nineteen hundred and thirty-three, as amended, and chapter 
seventy-four of the acts of nineteen hundred and forty-five. 

Approved February 12, 1958. 



Chap. 71. An Act authorizing Springfield college to hold 
additional real and personal property. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to permit forthwith Springfield College to take and 
hold additional real and personal property, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any provision of law to the contrary, Springfield 
College, a corporation duly organized under the laws of the common- 
wealth, is hereby authorized to acquire by gift, grant, bequest, devise 
or otherwise, lands, tenements or other estate, real or personal, to an 
amount not exceeding fifteen million dollars, and to hold, manage, and 
from time to time to invest and re-invest the same, or the proceeds of 
any sale thereof, for the purposes set forth in its charter. 

Approved February 12, 1968. 

Chap. 72. An Act relative to the effective date of ordinances 
establishing the salaries of mayors, city managers, 

councillors and members of BOARDS OF ALDERMEN. 

Be it enacted, etc., as follows: 

Section 1. Section 6A of chapter 39 of the General Laws, inserted 
by section 1 of chapter 259 of the acts of 1952, is hereby amended by 
striking out, in line 8, the word "term" and inserting in place thereof 
the word: — year, — and by inserting after the word "municipal", in 
line 16, the words: — or state, — so as to read as follows: — Section 6A. 
Notwithstanding the provisions of any city charter to the contrary the 
mayor and the members of the city council or other legislative body of a 
city, shall receive for their services such salary as the city council or 
other legislative body of said city shall by ordinance determine, and 



38 Acts, 1958. — Chap. 73. 

shall receive no other compensation from the city. No increase or reduc- 
tion in such salaries shall take effect during the year in which such 
increase or reduction is voted, and no change in such ordinance shall be 
made between the election of a new council or other legislative body 
and the qualification of the new council or other legislative body. No 
ordinance providing for such increase or decrease in said salaries shall 
take effect in any city unless it is approved by a majority of the regis- 
tered voters of the city voting thereon at the next regular municipal or 
state election. 

Section 2. Section 17A of chapter 43 of the General Laws, inserted 
by section 2 of said chapter 259 of the acts of 1952, is hereby amended 
by striking out, in line 6, the word "term" and inserting in place thereof 
the word: — year, — and by inserting after the word "municipal", in 
line 13, the words: — or state, — so as to read as follows: — Section 17 A. 
The mayor or city manager and the members of the city council shall 
receive for their services such salary as the city council shall by ordinance 
determine, and they shall receive no other compensation from the city. 
No increase or reduction in the salaries of mayor or city councillors shall 
take effect during the year in which such increase or reduction is voted, 
and no change in such salaries shall be made between the election of a 
new council and the qualification of the new council. No ordinance 
providing for such increase or decrease in the salaries of the mayor or 
the members of the city council shall take effect unless it is approved 
by a majority of the registered voters of the city voting thereon at the 
next regular municipal or state election. 

Approved February IB, 1958. 



Chap. 73. Aisr Act relative to the holding of the state pri- 
maries IN the current year. 

Be it enacted, etc., as follows: 

The biennial state primaries shall be held on Tuesday, the ninth day 
of September in the current year, notwithstanding any contrary pro- 
vision contained in section twenty-eight of chapter fifty-three of the 
General Laws. 

The dates, days and hours for the performance of certain acts and 
the doing of certain things under the provisions of the General Laws 
shall, for the current year, notwithstanding any contrary provision of said 
General Laws as to said dates, days and hours, be in accordance with 
the dates, days and hours set forth in the following political calendar: — 

June 24, Registrars of Voters and Election Commissioners are required to 

July 1, 8, 15 hold meetings for certifying names on all nomination papers on 

the four Tuesdays preceding July 22. 

July 15 5 P.M., last day and hour for filing all nomination papers with 

Registrars of Voters and Election Commissioners for certification 
of signatures. 

July 21 Last day for holding convention of non-political parties for the 

nomination of candidates. 

July 22 5 P.M., last day and hour for filing all nomination papers and cer- 

tificates of nomination for the biennial state primary and for the 
State Election with the Secretary of the Commonwealth. 

July 22 5 P.M., last day and hour for filing certificates of enrolment of can- 

didates to the State Primaries. 



Acts, 1958. — Chap. 74. 



39 



July 26 



July 29 
August 8 
August 29 

September 5 



September 9 
September 15 

September 15 

September 18 

October 3 
November 4 



September 10 

September 25 
November 5 

November 20 



November 5 



December 4 



6 P.M., last day and hour for filing withdrawals of or objections to 
all nomination papers and certificates of nomination for the 
State Election with the Secretary of the Commonwealth. 

5 P.M., last day and hour for filling vacancies caused by withdrawals. 

Last day to register voters for the State Primaries. 

Last day for filing public policy applications with Registrars of 
Voters and Election Commissioners for certification of signatures. 

Last day for filing with the Secretary of the Commonwealth appli- 
cations for submission to voters at the State Election of questions 
of public policy. 

State Primaries. 

5 p.m., last day and hour for filing written acceptance by candidates 
to be voted for whose names were not printed on the Primary ballots. 

5 P.M., last day and hour for filing withdrawals of or objections to 
nominations at the State Primaries. 

5 P.M., last day and hour for filling vacancies caused by withdrawals 
at the State Primaries. 

Last day to register voters for the State Election. 

State Election. 

Corrupt Practices. 
Candidates. 

Earhest day for filing with the Secretary of the Commonwealth 
returns of receipts and expenditures for nomination. 

5 P.M., last day and hour for filing such returns. 

Earliest day for filing returns of receipts and expenditures of candi- 
dates for election. 

5 P.M., last day and hour for filing such returns. 

Political Committees. 

Earliest day for filing detailed statement of receipts and expenditures 
of a political committee, with the clerk of the city or town in which 
the candidate is a voter, and a duplicate with the Secretary of the 
Commo nwealth . 

5 P.M., last day and hour for filing such statements. 

Approved February 12, 1958. 



Chap. 74. An Act providing for the submission to the voters 

OF THE town of LEXINGTON AT THE ANNUAL ELECTION 
OF A CERTAIN QUESTION PERTAINING TO AMENDMENT OF 
THE ZONING BY-LAW OF SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of ascertaining the will of the voters of 
the town of Lexington with reference to amendment of the zoning by-lav/ 
of said town, there shall be placed on the official ballot to be used for the 
election of town officers to be held on the second Monday in March in 
the current year the following question: — "Are you in favor of amend- 
ing the zoning by-law of the Town to change land bounding on Spring 
Street, the Cambridge-Concord Highway (Route 2) and the State 
Highway Route 128 from a one-family dwelling district to a type of 
business district that \^dll enable it to be used for a regional shopping 
center?" If a majority of those voting on said question vote in favor 
of such an amendment, it shall be deemed to be the will of the voters 
that an amendment to the zoning bj^-law to accomplish such a change 
be proposed for adoption in the manner required by law. 

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

Approved February 12, 1968. 



40 Acts, 1958. — Chaps. 75, 76. 

Chap. 75. An Act providing that voting shall be by precincts 
on matters to be determined by secret ballot in 
the town of great barrington. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to the contrary, 
voting shall be by precincts whenever a town meeting of the town of 
Great Barrington is adjourned for a vote by secret ballot. 

Section 2. This act shall take effect upon its acceptance by the 
affirmative vote of a majority of the voters present and voting thereon 
at an annual or a special town meeting of such town, but not otherwise. 

Approved February 17, 1968. 



Chap. 76. An Act relative to the laying of certain water 
mains by the board of water commissioners in the 
dracut water supply district. 

Be it enacted, etc.. as follows: 

Section 1. Chapter 433 of the acts of 1905 is hereby amended by 
inserting after section 9 the following section:- — Section 9 A. The 
board of water commissioners of the Dracut Water Supply District, 
hereinafter referred to as the board, is hereby authorized to lay water 
mains in public and private ways within the limits of said district. 
Abutters on such public ways and owners of such private ways may 
apply to the board for the laying therein of water mains, and such an 
application shall contain such information, including plans, as the board 
may require. Upon receipt of an application hereunder, the board shall 
make an estimate of the cost of the work to be done by it, and shall 
notify the applicant of the amount of such estimate. Thereupon the 
applicant shall pay the amount of the estimate to the treasurer of said 
district, who shall hold the same in a separate account and pay there- 
from the cost of the work as certified to him from time to time by the 
board. In case the cost of such work exceeds the cost estimated by the 
board, the work shall cease until the additional cost has been estimated 
by the board and the amount thereof has been paid to said district 
treasurer, which additional amount shall be held and used in the same 
manner as the amount paid on the original estimate. No work shall be 
done by the board hereunder until the payments due from the applicant 
have been paid to said district treasurer, nor until the applicant has 
granted to the said district such easements and other rights as may be 
necessary in carrying out the purposes of this act. In case the cost of 
the work is less than the cost estimated by the board, the difference 
shall be refunded to the applicant. 

Section 2. This act shall take full effect upon its acceptance by a 
majority vote of the voters of said district present and voting thereon, 
by the use of a check list, at a district meeting called within two years 
after its passage. Approved February 17, 1958. 



Acts, 1958. — Chap. 77. 41 

Chap. 77. An Act relating to the organization, powers and 
duties of the zoning commission provided by law 
for the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 665 of the acts of 1956 is hereby 
amended by striking out the first two paragraphs and inserting in place 
thereof the following two paragraphs : — There shall be in the city 
planning department of the city of Boston, or in such other depart- 
ment of said city as the city council of said citj^ with the approval of 
the mayor of said city shall from time to time determine, a board, 
known as the zoning commission, consisting of eleven zoning commis- 
sioners appointed by the mayor, subject to confirmation by the city 
council, as follows: — one commissioner from two candidates nomi- 
nated by the Associated Industries of Massachusetts, one commissioner 
from two candidates nominated by the Boston Central Labor Union, 
one commissioner from two candidates nominated by the Boston Real 
Estate Board, one commissioner from two candidates nominated one 
by The Boston Society of Architects and one by the Boston Society 
of Landscape Architects, one commissioner from two candidates nom- 
inated by the Boston Society of Civil Engineers, one commissioner 
from two candidates nominated by the Greater Boston Chamber of 
Commerce, one commissioner from two candidates nominated by the 
Massachusetts Motor Truck Association, Inc., one commissioner from 
two candidates nominated by the Master Builders Association of Bos- 
ton, and three commissioners selected at large by the mayor, of whom 
one shall own alone or with one or more other persons, and shall occupy 
in whole or in part as his place of residence, a dweUing house having 
not more than three dwelling units. All zoning commissioners shall 
be residents of Boston; provided, that any person who on the accept- 
ance of this act is a member of the board of zoning adjustment of 
said city may be a zoning commissioner irrespective of his place of 
residence. 

The zoning commissioners initially appointed upon nomination under 
this section shall serve, in the case of the commissioners appointed upon 
nomination of the Associated Industries of Massachusetts, the Boston 
Central Labor Union, and the Boston Real Estate Board, for a term ex- 
piring three ^'•ears, in the case of the commissioners appointed upon 
nomination of The Boston Society of Architects or the Boston Society of 
Landscape Architects, the Boston Society of Ci\nl Engineers, and the 
Greater Boston Chamber of Commerce, for a term expiring two years, 
and in the case of the commissioners appointed upon nomination of the 
Massachusetts Motor Truck Association, Inc., and the Master Builders 
Association of Boston, for a term expiring one year, from May first, nine- 
teen hundred and fifty-eight. The other zoning commissioners initially 
appointed under this section shall serve, according to the provisions of 
their respective appointments, for terms expiring, in the case of one 
commissioner, three years, in the case of another commissioner, two 
years, and in the case of the other commissioner, one year, from said 
May first. As the term of any zoning commissioner initially appointed, 
or of any subsequent zoning commissioner, expires, his successor shall 
be'appointed in like manner as such commissioner for a term of three 



42 Acts, 1958. — Chaps. 78, 79. 

years. Any vacancy in the office of a zoning commissioner shall be 
filled in the same manner for the unexpired term. 

Section 2. The first paragraph of section 3 of said chapter 665 is 
hereby amended by striking out the fifth, sixth and seventh sentences 
and inserting in place thereof the following three sentences: — Such 
public hearing shall be attended by not less than six of the members of 
the zoning commission; and if less than six members are present at any 
public hearing, the members actually present may adjourn the same by 
proclamation to such time and place as they deem advisable, and 
further notice thereof shall not be necessary. After such notice and 
hearing the zoning commission, by the concurrent vote of not less than 
seven of its members, may adopt or reject the proposed regulation or 
amendment, or may adopt a regulation or amendment in substantial 
accord with the proposed regulation or amendment. Votes of the zon- 
ing commission adopting a zoning regulation or amendment thereof 
shall be subject to the same provisions of law in respect to approval by 
the mayor as orders or votes of the city council of the city, except that 
the concurrent vote of not less than nine members of the zoning com- 
mission shall be necessary to pass such a regulation or amendment over 
the veto of the mayor. 

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

Approved February 17, 1958. 



Chap. 78. An Act authorizing the towt^ of braintree to sell 
certain land belonging to said town and held for 
park purposes. 

Be it enacted, etc., as follows: 

Section 1. The town of Braintree is hereby authorized to sell and 
convey a certain parcel of land held by said town for park purposes and 
shown as Plot 1 on Braintree assessors' plan numbered 3023 in accord- 
ance with the provisions of a vote adopted at a special town meeting duly 
called for the purpose on October seventh, nineteen hundred and fifty- 
seven. 

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

Approved February 17, 1958. 

Chap. 79. An Act regulating the use of shoe-fitting machines 

EMPLOYING fluoroscopic, X-RAY OR RADIATION PRIN- 
CIPLES. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, w^hich is to protect without delay the people of the common- 
wealth from indiscriminate, unnecessary, and potentially harmful 
exposure to radiation, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public health and 
safety. 

Be it enacted, etc., as follows: 

Section 1. Section five C of chapter one hundred and eleven of the 
General Laws, inserted by chapter five hundred and ninety-five of the 
acts of nineteen hundred and fifty-six is hereby repealed. 



Acts, 1958. — Chaps. 80, 81, 82. 43 

Section 2. Said chapter 111 is hereby amended by inserting after 
section 186 the following section: — Section 186 A. No person shall 
operate or maintain a shoe-fitting device or machine which uses fluoro- 
scopic, X-ray or radiation principles, except for diagnostic or therapeutic 
purposes by or under the direction of a physician or chiropodist (podia- 
trist) registered under the laws of the commonwealth. Violations of this 
section shall be punished by a fine of not more than twenty-five dollars. 

Approved February 17, 1958. 

Chap. 80. An Act repealing provisions of law that members 
of licensing boards shall not hold any other public 

OFFICE. 

Be it enacted, etc., as follows: 

Section 4 of chapter 138 of the General Laws, as amended by section 2 
of chapter 385 of the acts of 1934, is hereby further amended by striking 
out, in lines 9 and 10, the words ", and who shall not hold any other 
pubhc ofiice except that of notary pubUc and justice of the peace", — 
so as to read as follows : — Section %. In each city which is not exempt 
by the provisions of section ten there shall be a licensing board appointed 
by the mayor, subject to confirmation by the board of aldermen or, if 
there is no such board, by the city council, consisting of three persons, 
who shall not be engaged, directly or indirectly, in the manufacture or 
sale of alcoholic beverages, who have been residents of the city in which 
they are appointed for at least two years immediately preceding their 
appointment. One member shall be appointed from each of the two 
leading pohtical parties and the third member may also be appointed 
from one of said parties. If any member of said board engages directly 
or indirectly in such manufacture or sale, his office shall immediately 
become vacant. Approved February 17, 1958. 

Chap. 81. An Act relative to the date for the annual observ- 
ance OF children's day. 

Be it enacted, etc., as follows: 

Chapter 6 of the General Laws is hereby amended by striking out 
section 12U, inserted by chapter 618 of the acts of 1956, and inserting 
in place thereof the following section: — Section 12U. The governor 
shall annually issue a proclamation setting atpart the second Sunday in 
June as Children's Day and recommending that said day be observed 
by the people in an appropriate manner in recognition of our children 
of today from whom will come the leaders of tomorrow. 

Approved February 17, 1968. 

Chap. 82. An Act placing certain offices and positions in the 
town of swampscott under the civil service laws 
and rules. 

Be it enacted, etc., as follows: 

Section 1. The provisions of chapter thirty-one of the General 
Laws shall, upon the effective date of this act, apply to all offices and 



44 Acts, 1958. — Chaps. 83; 84, 85. 

positions in the town of Swampscott which are not already classified 
under said laws, including all clerical and custodial employees, em- 
ployees of the school lunch program, the town accountant and the health 
agent. The tenure of the incumbent of any such oflSce or position shall 
be unlimited subject, however, to the provisions of the civil service 
laws and rules; provided, however, that the incumbent of such office 
or position on said effective date shall be subjected by the division of 
civil service to a qualifying examination, if so required by the civil 
service law, and if he passes said examination, he shall be certified for 
such office or position and deemed to be permanently appointed thereto 
without being required to serve any probationary period. 

Section 2. This act shall take full effect upon its acceptance by a 
majority vote of the town meeting members of the town of Swampscott 
at an annual or special town meeting called for the purpose, but not 
otherwise. Approved February 17, 1968. 

Chap. 83. An Act relative to notification of the election of 

OFFICERS of savings BANKS. 

Be it enacted, etc., as follows: 

Section 15 of chapter 168 of the General Laws, as appearing in sec- 
tion 1 of chapter 432 of the acts of 1955, is hereby amended by striking 
out the first paragraph and inserting in place thereof the following 
paragraph : — Each person elected to office at the annual meeting or 
at any other meeting of the corporators or trustees who is not present 
at the meeting at which he was elected shall be notified in writing of 
such election by the clerk of the corporation. Such notice shall be sent 
within ten days after such meeting to the last known address of such 
person. Approved February 17, 1958. 

Chap. 84. An Act authorizing the city of leominster to pay a 

certain sum of money to ALICE B. QUIRK. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any general or special law to the 
contrary, the city of Leominster is hereby authorized to appropriate 
and pay the sum of three hundred and sixty-eight dollars and eighty- 
five cents to Alice B. Quirk, the widow of Robert P. Quirk, a deceased 
member of the police department of said city, for the unpaid salary 
due to him. 

Section 2. This act shall take effect upon its acceptance during the 
current year by vote of the city council of said city, with the approval 
of its mayor. Approved February 17, 1968. 

Chap. 85. An Act repealing provisions of law prohibiting hair- 
dressing SCHOOLS FROM MAKING A CHARGE FOR MATERIALS 
IN CONNECTION WITH THE PRACTICE OF HAIRDRESSING OR 
MANICURING. 

Be it enacted, etc., as follows: 

Section 87U of chapter 112 of the General Laws, as most recently 
amended by chapter 345 of the acts of 1949, is hereby further amended 



Acts, 1958. — Chaps. 86, 87 45 

by striking out, in line 9, the words "or materials", — so as to read 
as follows: — Section 87U. All students enrolled in registered schools 
shall, within fifteen days after entering upon their courses of study, be 
registered with the board by such schools. Students at registered 
schools may, within such fifteen day period, register with the board. 
No fee shall be required for such registration. No student shall practice 
hairdressing or manicuring upon any paying customer, and no school 
shall directly or indirectly make any charge for services in connection 
with such practice of hairdressing or manicuring. A school shall not 
pay a student for any services rendered by him. 

Approved February 17, 1958. 



Chap. 86. An Act prohibiting and penalizing the use of drugs 

FOR the purpose OF AFFECTING THE SPEED OF DOGS AT 
DOG RACING MEETINGS. 

Be it enacted, etc., as follows: 

Chapter 128 A of the General Laws is hereby amended by striking out 
section 13B, inserted by chapter 322 of the acts of 1937, and inserting in 
place thereof the following section: — Section 18B, No person shall 
administer or cause to be administered any drug, internally or externally 
by injection, drench or otherwise, to any horse or dog for the purpose of 
retarding, stimulating or in any other manner affecting the speed of 
such horse or dog in or in connection with a race conducted under the 
provisions of this chapter. Whoever violates this section shall be pun- 
ished by a fine of five thousand dollars or by imprisonment for one year, 
or both. Approved February 17, 1958. 



Chap. 87. An Act removing the office of city auditor of the 

CITY OF MEDFORD FROM THE CLASSIFIED CIVIL SERVICE. 

Be it enacted, etc., as follows: 

Section 1. Upon the effective date of this act the office of city 
auditor of the city of Medford shall not be subject to the provisions of 
chapter thirty-one of the General Laws. 

Section 2. This act shall be submitted to the voters of the city of 
Medford at the biennial state election to be held in the current year in 
the form of the following question which shall be placed upon the 
official ballot to be used in said city at said election: — "Shall an act 
passed by the general court in the year nineteen hundred and fifty-eight, 
entitled 'An Act removing the office of city auditor of the city of Med- 
ford from the classified civil service' 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 17, 1958. 



46 Acts, 1958. — Chaps. 88, 89, 90. 

Chap. 88. An Act extending the time during which a stay or 

SUCCESSIVE stays OF EXECUTION TOTALLING NINE MONTHS 
MAY BE GRANTED IN AN ACTION OF SUMMARY PROCESS 
BROUGHT TO RECOVER POSSESSION OF PREMISES FOR DWELL- 
ING PURPOSES. 

Be it enacted, etc., as follows: 

Chapter 43 of the acts of 1946 is hereby amended by striking out 
section 2, as most recently amended by section 3 of chapter 51 of the 
acts of 1957, and inserting in place thereof the following section: — 
Section 2. This act shall become inoperative on June thirtieth, nine- 
teen hundred and fifty-nine. Approved February 17, 1968. 



Chap. 89. An Act relative to the tenure of office of thomas 
p. morley, the incumbent of the office of tree warden 
of the town of watertown. 

Be it enacted, etc., as follows: 

Section 1. The tenure of office of Thomas P. Morley, the incum- 
bent of the office of tree warden in the town of Watertown, shall, on the 
effective date of this act, be unhmited and he shall hold office during 
good behavior unless incapacitated by physical or mental disability 
from performing the duties of tree warden and until the selectmen shall 
remove him therefrom in accordance with the provisions of chapter 
thirty-one of the General Laws, and the rules made thereunder, relative 
to removals from the classified public service. If said Thomas P. 
Morley shall cease to hold said office of tree warden the vacancy thereby 
created shall be filled by election by a vote of a majority of its selectmen, 
and said tree warden shall serve until the next regular town election, at 
which election a tree warden shall be elected as provided by law. 

Section 2. This act shall be submitted for acceptance to the voters 
of said town at the annual town meeting in the current year, or in the 
year nineteen hundred and fifty-nine, 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 Thomas P. Morley, 
the incumbent of the office of tree warden of the town of Watertown, be 
given life tenure? " 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 17, 1958. 



Chap. 90. An Act increasing the number of voting precincts 

INTO WHICH the TOWN OF WEYMOUTH MAY BE DIVIDED. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 61 of the acts of 1921 is hereby 
amended by striking out the first sentence and inserting in place thereof 
the following sentence: — Upon the acceptance of this act by the town 
of Weymouth as hereinafter provided the selectmen of the town may 
divide the territory thereof into not less than twelve nor more than 
eighteen voting precincts, each of which shall be plainly designated. 



Acts, 1958. — Chaps. 91, 92, 93. 47 

Section 2. This act shall take full effect upon its acceptance by a 
majority of the town meeting members of said town present and voting 
thereon at an annual or special town meeting, but not otherwise. 

Approved February 17, 1958. 



Chap. 91. An Act making a corrective change in the excise tax 

LAW ON registered MOTOR VEHICLES BY SUBSTITUTING 
THE "state tax COMMISSION" FOR THE "COMMISSIONER". 

Be it enacted, etc., as follows: 

Section 2A of chapter 60A of the General Laws, as most recently 
amended by section 1 of chapter 339 of the acts of 1953, is liereby further 
amended by striking out, in lines 9 and 10, 17 and 21, the word "com- 
missioner" and inserting in place thereof, in each instance, the words: — 
state tax commission. Approved February 17, 1958. 

Chap. 92. An Act further implementing the interstate com- 
pact FOR THE supervision, CARE AND ASSISTANCE TO 
JUVENILES. 

Be it enacted, etc., as follows: 

Section 1 of chapter 687 of the acts of 1955 is hereby amended by 
inserting after Article XV the following Article: — 

Article XVI. — Return of Juvenile Delinquents. 

(a) All pro^dsions and procedures of Articles V and VI of this com- 
pact shall be construed to apply to any juvenile charged with being a 
delinquent by reason of a violation of any criminal law. Any juvenile, 
charged with being a delinquent by reason of \dolating any criminal 
law may be returned to the requesting state upon a requisition to the 
state where the juvenile may be found. A petition in such case shall 
be filed in a court of competent jurisdiction in the requesting state 
where the violation of criminal law is alleged to have been committed. 
The petition may be filed regardless of whether the juvenile has left the 
state before or after the filing of the petition. The requisition described 
in Article V of this compact shall be forwarded by the judge of the court 
in which the petition has been filed. 

(6) This Article shall provide additional remedies, and shall be binding 
only as among and between those party states which specifically execute 
the same. Approved February 17, 1958. 

Chap. 93. An Act relative to the retirement rights of william 
p. wrightson, a former employee of the city of 

WORCESTER. 

Be it enacted, etc., as follows: 

Section 1. Any provision of law to the contrary notwithstanding, 
the city of Worcester may reinstate William P. Wrightson as a member 
of the fire department of said city for the sole purpose of retirement 



48 Acts, 1958. — Chaps. 94, 95. 

and in order to correct a mistake made at the time of his original retire- 
ment. Upon said reinstatement, the city of Worcester may retire said 
William P. Wrightson for disability caused by injuries sustained or 
hazards undergone in the actual performance of his duties as a member 
of said fire department. Said retirement shall be under the provisions of 
paragraph (a) of section eighty-one A of chapter thirty-two of the 
General Laws as if said provision had been in effect in said city on the 
date of the original retirement of said Wrightson but shall not be subject 
to section eighty-five F of said chapter thirty- two. 

Section 2. This act shall take effect upon its acceptance by the 
city council of the city of Worcester, subject to the provisions of its 
charter, but not otherwise. Approved February 17, 1958. 

Chap. 94. An Act to abolish the planning board in the town 
OF west brookfield. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any general or 
special law to the contrary the planning board of the town of West 
Brookfield is hereby abolished. 

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-eight in the form of the following question: — "Shall an act 
passed by the General Court in the year nineteen hundred and fifty- 
eight, entitled 'An Act to abolish the planning board in the town of 
West Brookfield', 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 17, 1958. 

Chap. 95. An Act relative to the possession of narcotic drugs. 
Be it enacted, etc., as follows: 

Section 1. Chapter 94 of the General Laws is hereby amended by 
striking out section 205, as appearing in section 1 of chapter 660 of the 
acts of 1957, and inserting in place thereof the following section: — 
Section 205. Whoever, not being a hcensee under section one hundred 
and ninety-eight B, a pharmacist, a physician, a veterinarian, a dentist, 
a nurse acting under the direction of a physician, an employee of an 
incorporated hospital acting under the direction of its superintendent 
or official in immediate charge, or a common carrier or messenger when 
transporting any narcotic drug between persons mentioned in this 
section in the same package in which the drug was delivered to him 
for transportation, is in possession of any narcotic drug, other than 
heroin, except by reason of a prescription lawfully and properly issued, 
shall be punished by a fine of not more than one thousand dollars or by 
imprisonment in the state prison for not more than three and one-half 
years, or in a jail or house of correction for not more than two and one- 
half years. 

Section 2. Said chapter 94 is hereby further amended by striking 
out section 212, as so appearing, and inserting in place thereof the follow- 
ing section: — Section 212. Whoever is in possession of heroin in any 
quantity or strength shall for the first offence be punished by a fine of 



Acts, 1958. — Chaps. 96, 97. 49 

not less than five hundred nor more than five thousand dollars, or by 
imprisonment in a jail or house of correction for two and one-half years 
or by imprisonment for not more than five years in the state prison, 
and for a second or subsequent offence by imprisonment for not less than 
five nor more than fifteen years in the state prison. 

Approved February 17, 1958. 

Chap. 96. An Act increasing the limits of mortgage loans by 
co-operative banks. 

Be it enacted, etc. , as follows: 

Section 24 of chapter 170 of the General Laws is hereby amended by 
striking out subsection 4, as most recently amended by chapter 146 of 
the acts of 1955, and inserting in place thereof the following subsection: — 

4. The principal sum of any loan secured by a mortgage on any one 
parcel of real estate shall when made, or the unpaid principal balance 
outstanding on any loan so secured shall when acquired, not exceed 
twenty-five thousand dollars; provided, that the aggregate amount of 
loans, as to each of which the unpaid balance of principal outstanding 
is more than twenty thousand dollars, shall not at any one time exceed 
five per cent of the deposits of the corporation ; and, further provided, 
that loans over twenty thousand dollars and not exceeding twenty-five 
thousand dollars shall not exceed seventy per cent of the value of the 
mortgaged property as certified by the security committee. 

Approved February 17, 1968. 

Chap. 97. An Act providing for the borrowing of money by the 
town of falmouth for sewerage purposes. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of paying the necessary expenses and 
liabilities incurred or to be incurred by the town of Falmouth under 
authority of chapter two hundred and eighty-eight of the acts of nine- 
teen hundred and twenty-eight and the amendments thereto, said town 
of Falmouth may borrow, from time to time, within two years from the 
passage of this act, such sums as may be necessary, not exceeding, in 
the aggregate, seven hundred and fifty thousand dollars and may issue 
bonds or notes therefor, which shall bear on the face thereof the words, 
Falmouth Sewer Loan, Act of 1958. Each authorized issue shall con- 
stitute a separate loan, and such loans shall be payable in not more than 
thirty years from their dates. Indebtedness incurred under this act 
shall be outside the statutory limit but shall, except as herein provided, 
be subject to the provisions of chapter forty-four of the General Laws, 
exclusive of the limitation contained in the first paragraph of section 
seven thereof. 

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

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

Approved February 19, 1968. 



50 Acts, 1958. — Chaps. 98, 99. 

Chap. 98. An Act relative to the filing of petitions requiring 

THE submission TO THE VOTERS AT LARGE OF THE TOWN 
OF LUDLOW OF QUESTIONS INVOLVED IN A VOTE PASSED 
AT A REPRESENTATIVE TOWN MEETING IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Section 8 of chapter 336 of the acts of 1929 is hereby 
amended by striking out, in line 12, the words "two hundred" and 
inserting in place thereof the words : — six per cent of the, — so that 
the second sentence will read as follows : — If within said ten days a 
petition, signed by not less than six per cent of the registered voters of 
the town, containing their names and addresses, as they appear on the 
list of registered voters, is filed with the selectmen requesting that the 
question or questions involved in such vote be submitted to the voters 
of the town at large, then the selectmen, within fourteen days after the 
filing of the petition, shall call a special meeting, which shall be held 
within ten days after the issuing of the call, for the purpose of presenting 
to the voters at large the question or questions so involved. 

Section 2. This act shall be submitted for acceptance to the voters 
of the town of Ludlow at its annual town meeting in the current year, in 
the form of the following question which shall be placed upon the official 
ballot to be used for the election of town officers: — "Shall an act 
passed by the General Court in the year nineteen hundred and fifty- 
eight, entitled 'An Act relative to the filing of petitions requiring the 
submission to the voters at large of the town of Ludlow of questions 
involved in a vote passed at a representative town meeting in said 
town', be accepted?" If a majority of votes in answer to said question 
is in the affirmative, then this act shall thereupon take full effect, but 
not otherwise. 

Section 3. Any action taken by the town of Ludlow at its annual 
town meeting in the current year shall be as valid and effective as if this 
act were in effect at the time when the warrant for such annual meeting 
was posted. Approved February 19, 1968. 



Chap. 99. An Act validating certain action taken at the 
annual town meeting of the town of marshfield 
held in the year nineteen hundred and fifty-seven. 

Be it enacted, etc., as follows: 

Section 1. The action of the town of Marshfield in accepting the 
provisions of chapters three hundred and forty and three hundred and 
forty-one of the acts of nineteen hundred and fifty-seven at the annual 
town meeting held on March fourth, nineteen hundred and fifty-seven, 
and at any adjourned session thereof, and all acts done pursuant to such 
action, are hereby ratified, validated and confirmed in all respects, as 
though said chapters three hundred and forty and three hundred and 
forty-one had been in full force and effect at the time the warrant for 
said meeting was posted. 

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

Approved February 21, 1958. 



Acts, 1958. — Chap. 100. 51 

Chap. 100. An Act relating to investments by savings banks in 
certain stocks of fire and casualty insurance com- 
PANIES. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to make possible forthwith the determination by the 
division of banks and loan agencies of the legality for investment by 
savings banks in certain stocks of fire insurance companies under the 
provisions herein contained, therefore it is hereby declared to be an 
emergency law, necessar}" for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 48 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 paragraph 1, and inserting in place thereof 
the following paragraph : — 

1. Kind of Business. — In the period consisting of the five calendar 
years immediately preceding the date of investment not less than one- 
third of the net premiums written by such company and its subsidiaries 
shall have been in respect to risks involving loss of or damage to prop- 
erty belonging to or in the custody of the insured, which risks shall be 
deemed to be fire and allied risks. As used herein, the term "fire and 
allied risks" shall be deemed to include home-owners, commercial, and 
industrial multiple peril risks, boiler and machinery, glass, burglary and 
theft and fidelity risks. Net premiums written in the same period in 
respect to casualty risks shall not have exceeded those written in re- 
spect to fire and allied risks. The term " casualty risks " shall be deemed 
to include risks involving liability of the insured for injury or damage 
to the person or property of others, workmen's compensation, accident 
and health, hospital and medical, surety and credit risks. Net pre- 
miums written in the same period in respect to life insurance shall not 
have exceeded those written in respect to fire and allied risks. Not 
more than one-third of the net premiums written in the same period 
shall have been in respect to liability of owners or operators of motor 
vehicles for personal injury or property damage. Not more than one- 
third of the net premiums written in the same period shall have been 
for the reinsurance of risks originally written by other insurance com- 
panies. If more than one-fifth of the net premiums written by the 
company and its subsidiaries in the same period shall have been life 
insurance premiums, the company or the subsidiary or subsidiaries 
writing such life insurance business shall have been authorized to con- 
duct such business in this commonwealth and such authorization shall 
not have been revoked. 

Section 2. Said section 48 of said chapter 168 is hereby further 
amended by striking out paragraphs 3, 4 and 5, as so appearing, and 
inserting in place thereof the three following paragraphs: — 

3. Large Company Requirement. — At the end of the year immediately 
preceding the date of investment the total admitted assets of such 
company shall be not less than fifty million dollars, and it shall be one 
of the twenty-five largest companies which meet the provisions of para- 
graphs 1 and 5 and of which a majority of the stock is not owned by 
five or less stockholders. 



52 Acts, 1958. — Chap. 101. 

4. Operating Profit Ratio. — Of the twenty-five companies or less 
referred to in paragraph 3, such company shall be one of the twelve 
having the highest average operating profit ratio for the five years im- 
mediately preceding the date of investment. The annual operating 
profit ratio of each of the five years preceding the date of investment 
shall be calculated by subtracting from one hundred per cent the ratio 
of loss and loss adjustment expense to net premiums earned and there- 
after subtracting from the remainder the ratio of other operating ex- 
penses, excluding all income taxes, to net premiums written. The 
ratios of the five years immediately preceding the date of investment 
shall be averaged to obtain the measurement. The losses, expenses, 
premiums written and profits earned referred to above shall be the 
totals of such items for such company and all its fire and casualty insur- 
ance subsidiaries, except that, if less than ninety per cent of the capital 
stock of a subsidiary is owned by such company, the totals of said items 
for such subsidiary shall be included in the calculation only in propor- 
tion to the percentage of stock so owned. 

5. Capital Funds and Reserves. — At the end of the year immediately 
preceding the date of investment, the combined total of capital stock, 
surplus and voluntary reserves of such company and its fire and casualty 
insurance subsidiaries shall be at least eighty per cent of the sum of all 
of the unearned premiums in respect to all fire and allied risks except 
automobile physical damage risks plus one-half of the unearned pre- 
miums in respect to accident and health and hospital and medical 
policies, policies covering liability of the insured for injury or damage 
to the person or property of others, workmen's compensation, surety, 
credit and automobile physical damage risks. As used in this para- 
graph the term "voluntary reserves" shall be construed to mean all 
sums allocated to reserve accounts in policyholders' surplus, and shall 
not be construed to include any reserve accounts classified as liabilities 
in the annual statements of fire insurance companies and their subsid- 
iaries filed with the division of insurance of this commonwealth. 

Approved February 21, 1958. 



Chap. 101. An Act authorizing the town of gosnold to borrow 
money for municipal wharf purposes. 

Beit enacted, etc., as follows: 

Section 1. For the purpose of meeting its share of the cost of con- 
structing or reconstructing the municipal wharf, the town of Gosnold 
may borrow, from time to time, such sums of money as may be neces- 
sary, not exceeding, in the aggregate, ten thousand dollars, and may issue 
bonds or notes therefor which shall bear on their face the words, Gosnold 
Wharf Loan, Act of 1958. Each authorized issue shall constitute a 
separate loan, and such loans shall be paid in not more than ten years 
from their dates. Indebtedness incurred under this act shall be within 
the statutory limit, but shall, except as provided herein, be subject to 
chapter forty-four of the General Laws, exclusive of the limitation con- 
tained in the first paragraph of section seven thereof. 

Section 2. Any action taken by the town of Gosnold at a town 
meeting in the current year pursuant to authority contained in section 



Acts, 1958. — Chaps. 102, 103. 53 

one of this act shall be valid and effective as though this act were in 
effect at the time of the posting of the warrant for said meeting. 
Section 3. This act shall take effect upon its passage. 

Approved February 21, 1958. 



Chap. 102. An Act to authorize the city of taunton to use 

CERTAIN funds FOR THE PURPOSE OF EXTENDING AND 
IMPROVING ITS WATER SYSTEM, 

Be it enacted, etc., as follows: 

Section 1. The city of Taunton may, for the purposes of extending 
and improving its water system, as provided by clauses (4), (5) and (6) 
of section 8 of chapter 44 of the General Laws, use such sums, not 
exceeding in the aggregate one hundred and sixty-nine thousand dollars 
from the unexpended balance of the amount borrowed under chapter 
five hundred and forty of the acts of nineteen hundred and fifty-three. 

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

Approved February 21, 1958. 



Chap. 103. An Act to authorize the town of ashburnham to 

BORROW money FOR THE PURCHASE, REMODELING AND 
equipping of an EXISTING STRUCTURE AND LAND FOR 
USE BY THE VARIOUS TOWN DEPARTMENTS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of purchasing an existing structure and 
the land on which it is situated, known as Wilson's Garage and located 
in the town of Ashburnham, and for remodeling and equipping the 
same for the use of the various town departments, the town of Ashburn- 
ham may borrow, from time to time, within a period of two years from 
the passage of this act, such sums as may be necessary not exceeding in 
the aggregate nineteen thousand dollars, and may issue bonds and notes 
therefor which shall bear on their face the words, Town of Ashburnham 
Public Works Building Loan, Act of 1958. 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, how- 
ever, that the limitation contained in the first paragraph of section seven 
of said chapter forty-four shall apply to any loan authorized by the 
provisions of this act. 

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

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

Approved February 21, 1958. 



54 Acts, 1958. — Chaps. 104, 105, 106. 

Chap. 104. An Act relu^tive to the filling of vacancies in the 
office of mayor of the city of holyoke. 

Be it enacted, etc., as follows: 

Section 1. If it shall appear, as a result of a municipal election in 
the city of Holyoke, that there is no choice of a mayor, or if the person 
elected mayor shall refuse to accept the office, or shall die before qualify- 
ing, or if a vacancy in said office shall occur more than six months prior 
to the expiration of the term of office, the board of aldermen shall 
forthwith call meetings for a new election and shall order an election 
to fill the same for the unexpired term. 

Section 2. If a vacancy in the office of mayor shall occur within 
six months prior to the expiration of the term of office the board of 
aldermen may in its discretion call meetings for the holding of a new 
election to fill the vacancy. 

Section 3. 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 inconsistent with this act, is hereby re- 
pealed. 

Section 4. This act shall take effect upon its acceptance during the 
current year by vote of the board of aldermen of said city, with the 
approval of the mayor. 

Section 5. For the purpose of acceptance only this act shall take 
effect upon its passage. Approved February 21, 1958. 

Chap. 105. An Act relative to mergers and consolidations of 
co-operative banks. 

Be it enacted, etc., as follows: 

Section 48 of chapter 170 of the General Laws, as appearing in sec- 
tion 1 of chapter 371 of the acts of 1950, is hereby amended by striking 
out the last paragraph and inserting in place thereof the following 
paragraph : — 

Any merger or consolidation may be approved and effected pursuant 
to this section, notwithstanding that the percentage which the aggregate 
value of the guaranty fund, surplus and other reserves, of any of the 
consolidating corporations, bears to its liabilities including share lia- 
bilities, exceeds such percentage of any of the other consolidating cor- 
porations, and any consolidating corporation having such an excess of 
percentage shall not be required to pay an extra dividend or make any 
other distribution to its shareholders. Approved February 21, 1958. 

Chap. 106. An Act relative to mergers and consolidations of 
savings banks. 

Be it enacted, etc., as follows: 

Section 72 of chapter 168 of the General Laws is hereby further 
amended by striking out the last paragraph, as appearing in section 1 
of chapter 432 of the acts of 1955, and inserting in place thereof the 
following paragraph : — 

Any merger or consolidation may be approved and effected pursuant 
to this section, notwithstanding that the percentage which the aggregate 



Acts, 1958. — Chaps. 107, 108. 55 

value of the guaranty fund, surplus and unallocated reserves as defined 
in section fift3''-seven, and ether reserves, of any of the consolidating 
corporations, bears to its liabilities, exceeds such percentage of any of 
the other consolidating corporations, and any consolidating corporation 
having such an excess of percentage shall not be required to pay an 
extra dividend or make any other distribution to its depositors. 

Approved Fehruary 21, 1958. 

Chap. 107. An Act authorizing the town of west springfield 
TO convey a portion of amostown road playground 

TO FRANK F. ZENDEK AND PAULINE M. ZENDEK. 

Be it enacted, etc., as follows: 

Section 1, The town of West Springfield is hereby authorized to 
sell and convey to Frank F. Zendek and Pauline M. Zendek, husband 
and wife, as tenants by the entirety, a portion of Amostown road play- 
ground, now under the jurisdiction of the park and recreation com- 
mission, bounded and described as follows: — 

Beginning at a point in the westerly side of Amostown Road at the 
northeasterly corner of land of Frank F. Zendek and Pauline M. Zendek 
and thence running westerly in a course running N 73" 52' 30" W along 
the northerly line of said Zendek land Six Hundred Twenty-two and 
10/100 (622.10) feet to a point at the northwesterly corner of said 
Zendek land; thence easterly in a course running S 74"^ 15' 05" E along 
other land of the Town of West Springfield Six Hundred Nineteen and 
48/100 (619.48) feet to a point in the westerly side of said Amostown 
Road; thence southerly, along the westerly side of Amostown Road 
Five (5) feet to the point of beginning. 

The above land is more particularly delineated on a plan entitled 
"Sketch of Proposed Transfer of Land from Park and Recreation De- 
partment to Frank F. Zendek and PauHne M. Zendek" dated October, 
nineteen hundred and fifty-seven and prepared by Town of West 
Springfield Engineering Department. 

Section 2. This act shall take effect upon its acceptance by a ma- 
jority of the voters of said town present and voting at an annual or 
special town meeting called for the purpose. 

Approved Fehruary 21, 1958. 

Chap. 108. An Act authorizing the placing of the office of the 
director of veterans' services of the city of pea- 
body under the civil service laws. 

Be it enacted, etc., as folloivs: 

Section 1. The office of the director of veterans' seri-ices of the 
city of Peabody, also known in said city as the office of commissioner of 
veterans' services, shall, upon the effective date of this act, become 
subject to the civil service laws and rules, and the tenure of office of the 
present incumbent thereof shall be unlimited, subject, however, to such 
laws; pro\'ided, that he shall pass a qualifjdng examination, to which 
he shall be subjected by the division of chnl service. 

Section 2. This act shall take effect upon its acceptance by the 
mayor and city council of the city of Peabody, subject to the provisions 
of its charter, but not otherwise. Approved Fehruary 21, 1958. 



56 Acts, 1958. — Chaps. 109, 110, 111. 

Chap, 109. An Act relative to lost pass books. 
Be it enacted, etc., as follows: 

Section 20 of chapter 167 of the General Laws, as most recently 
amended by chapter 22 of the acts of 1943, is hereby further amended 
by adding at the end the following paragraph : — 

The provisions of this section shall not apply to a pass book when the 
amount on deposit is less than twenty-five dollars, provided that the 
depositor or shareholder agrees in writing to indemnify the bank for 
any expense or payment arising out of such loss, and all payments made 
hereunder shall discharge the bank of liability to all persons to the 
extent of such payment. Approved February 21, 1958. 



Chap, 110. An Act relative to the observance of columbus day. 

Be it enacted, etc., as follows: 

Chapter 6 of the General Laws is hereby amended by inserting after 
section 12U, inserted by chapter 618 of the acts of 1956, the following 
section: — Section 12V. The governor shall annually issue a proclama- 
tion setting apart October twelfth as Columbus Day and recommending 
that it be observed by the people, with appropriate exercises in the 
schools and otherwise, to the end that the memory of the courage, per- 
severance and spiritual fervor of Christopher Columbus, discoverer of 
America, may be perpetuated. Approved February 21, 1958. 



Chap. 111. An Act providing for the termination of member- 
ship ON WARD AND TOWN COMMITTEES DUE TO CANCELLA- 
TION OR CHANGE IN PARTY ENROLMENT. 

Be it enacted, etc., as follows: 

Chapter 52 of the General Laws is hereby amended by striking out 
section 2, as most recently amended by section 2 of chapter 138 of the 
acts of 1955, and inserting in place thereof the following section: — 
Section 2. Each political party shall, in every ward and town, elect at 
the presidential primaries from among the enrolled members of the 
party resident in such ward or town a committee to be called a ward or 
town committee, whose members shall hold office for four years from 
May fifteenth following their election and until their successors shall 
have organized. If any member changes his residence from the ward 
or town in which he was elected during the said four years, he shall 
cease to be a member at the end of the calendar year during which said 
residence is changed. If any member, whether elected or chosen to fill 
a vacancy, cancels or changes his party enrolment he shall forthwith 
cease to be a member of said committee. 

Approved February 21, 1958. 



Acts, 1958. — Chaps. 112, 113, 114. 57 

Chap. 112. An Act authorizing the town of wenham to lease a 

PORTION of a building TO BE CONSTRUCTED BY SAID TOWN 
ON TOWN-OWNED LAND TO THE FEDERAL GOVERNMENT 
FOR A POST OFFICE. 

Be it enacted, etc., as follows: 

The town of Wenham is hereby authorized to lease a certain portion 
of a hbrary building to be constructed by said town upon land owned by 
it to the United States government for a post office for a term of not 
more than twenty-five years. Approved February 24, 1968. 



Chap, 113. An Act providing that certain persons held in cus- 
tody AT A police station OR OTHER PLACE OF DETENTION 
SHALL BE PERMITTED TO USE THE TELEPHONE WITHIN 
ONE HOUR AFTER BEING BOOKED. 

Be it enacted, etc., as follows: 

Section 33A of chapter 276 of the General Laws, as amended by 
chapter 277 of the acts of 1946, is hereby further amended by adding 
at the end the following sentence: — Any such person shall be informed 
of his right to so use the telephone immediately upon being booked, 
and such use shall be permitted within one hour thereafter. 

Approved February £4, 1958. 



Chap. 114. An Act providing for the issuance of single life 

INSURANCE policies ON THE LIVES OF TWO OR MORE MEM- 
BERS OF A FAMILY WITHOUT THE SIGNATURES OF THE 
PERSONS TO BE INSURED. 

Be it enacted, etc., as follows: * 

Section 123 of chapter 175 of the General Laws is hereby amended by 
striking out the first paragraph, as appearing in chapter 14 of the acts 
of 1952, and inserting in place thereof the following paragraph: — No 
life company shall issue any policy of life or endowment insurance in 
this commonwealth except upon a written application therefor signed 
or assented to in writing by the person to be insured; provided, that 
such a company may issue a policy on the life of a minor under the age 
of fifteen on an application signed by the parent, guardian or other per- 
son having legal custody of such minor; and provided, further, that 
such a company may issue a single policy on the lives of any two or 
more members of a family on an application signed by either parent, a 
step-parent, or by a husband or wife. For the purposes of this paragraph 
members of a family shall mean husband, wife, children, adopted chil- 
dren, or stepchildren. Approved February 24, 1958. 



58 Acts, 1958. — Chaps. 115, 116, 117. 

Chap. 115. An Act providing that funds received by the city 
of medford from the commonwealth on account of 

the taking of GILLIS memorial STADIUM SHALL BE 
USED SOLELY FOR THE CONSTRUCTION OF A NEW STADIUM. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to the contrary, 
all funds received by the city of Medford from the commonwealth on 
account of the taking of Gillis Memorial Stadium shall be used by said 
city solel}^ for the construction of a new stadium at a suitable site in 
said city. 

Section 2. This act shall take effect upon its acceptance by vote 
of the city council of the city of Medford, subject to the provisions of 
its charter, but not otherwise. Approved February 24, 1958. 



Chap. 116. An Act further regulating the time during which 

DOG racing meetings MAY BE HELD. 

Be it enacted, etc., as follows: 

Section 3 of chapter 128 A of the General Laws is hereby amended by 
striking out clause (e), as amended by section 1 of chapter 505 of the 
acts of 1939, and inserting in place thereof the following paragraph: — 

(e) Such dog racing meetings may be held only between the eighteenth 
day of April and the thirty-first day of October, both dates inclusive, 
in any year. Approved February 24, 1958. 



Chap. 117. An Act permitting savings and insurance banks to 

issue PAYOR insurance, BUT WITHOUT OTHERWISE IN- 
CREASING the amount OF INSURANCE WHICH SUCH A 
BANK MAY ISSUE ON ONE LIFE OR THE AGGREGATE AMOUNT 
WHICH SUCH BANKS MAY ISSUE ON ONE LIFE. 

Be it enacted, etc., as follows: 

Chapter 178 of the General Laws is hereby amended by striking out 
section 10, as most recently amended by chapter 264 of the acts of 
1951, and inserting in place thereof the following section: — Section 10. 
No savings and insurance bank shall write any policy or annuity con- 
tract binding it to pay more than five thousand dollars, exclusive of 
dividends or profits, upon the death of any one person, except under 
such agreement as it may make to pay an amount equal to a cash sur- 
render value which may exceed five thousand dollars and except under 
such agreement as it may make that upon the death of the payor of the 
premiums under any policy issued by the bank on the life of a minor or 
on the life of a husband, wife or child of such payor, it will make such 
policy paid up or waive certain or all future premiums thereunder, and 
except for such amount, if any, as it may be bound to pay upon the 
death of such person under an employees' group policy, or under an 
annuity contract embodying an agreement to refund, upon the death of 
the holder, to his estate or to a specified payee, a sum not exceeding the 
premiums paid thereon with compound interest, nor shall it write any 
annuity contract otherwise binding it to pay in any one year more than 



Acts, 1958. — Chap. 118. 59 

two hundred dollars, exclusive of dividends or profits. The aggregate 
amount of savings bank life insurance which may be issued or in force 
at any time on any one life, in all savings and insurance banks, shall not 
exceed an aggregate amount which would be equal to one thousand 
dollars in each savings and insurance bank, exclusive of group insurance, 
payor insurance, dividends and profits. 

Approved February 25, 1958. 



Chap. 118. An Act relative to the observance of veterans 

DAY. 

Be it enacted, etc., as follows: 

Section 1. Clause 46A of section 5 of chapter 40 of the General 
Laws, inserted by chapter 152 of the acts of 1956, is hereby amended 
by striking out, in line 2, the words "Veterans Day", — so as to read as 
follows : — (46A) For the proper observance of United Nations Day, 
or any other day that the governor may by proclamation from time to 
time designate as a day of municipal observance, to an amount not 
exceeding five hundred dollars annually. 

Section 2. Clause 12 of said section 5 of chapter 40 of the General 
Laws, as most recently amended by chapter 211 of the acts of 1956, 
is hereby amended by inserting after the word "Day" in line 16, the 
words: — , Veterans Day, — so as to read as follows: — (12) For 
erecting headstones or other monuments at the graves of persons 
who served in the war of the revolution, the war of eighteen hundred 
and twelve, the Seminole war, the Mexican war, the war of the rebellion 
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 acquir- 
ing land by purchase or by eminent domain under chapter seventy- 
nine, purchasing, erecting, equipping or dedicating buildings, or con- 
structing or dedicating 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, monuments or 
other memorials of persons who served as aforesaid and the proper 
observance of Memorial Day, Veterans Day and other patriotic 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 Veterans, Inc., local garrisons of the Army and 
Navy Union of the United States of America, local chapters of the 
Massachusetts Society of the Sons of the American Revolution, local 
chapters of the Massachusetts Daughters of the American Revolution, 



60 Acts, 1958. — Chaps. 119, 120 

local detachments of the Marine Corps League, local clubs of the Yankee 
Division Veterans Association, 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 chapters of the Military- 
Order of the Purple Heart, the Fleet Reserve Association, United States 
Na^^, and The Society of the War of 1812 in the Commonwealth of 
Massachusetts (Incorporated), and the Polish- American Veterans of 
Massachusetts, Inc., and its affiliated 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 policemen 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 organ- 
ization. Approved February 25, 1958. 



Chap. 119. An Act authorizing local school committees and 
regional district school committees to accept and 
disburse grants or gifts for educational purposes 
from charitable foundations and private corpora- 
TIONS. 

Be it enacted, etc., as follows: 

Chapter 71 of the General Laws is hereby amended by inserting after 
section 37 the following section: — Section 37 A. School committees of 
cities and towns and regional district school committees may accept 
grants or gifts for educational purposes from charitable foundations and 
private corporations and disburse the same for such purposes. Any 
amounts so received by a school committee of a city or town shall be 
deposited with the treasurer of such city or town and held as a separate 
account, and expended by said school committee without further appro- 
priation, notwithstanding the provisions of section fifty-three of chapter 
forty-four. Any amounts so received by a regional district school 
committee shall be deposited with the treasurer of such regional school 
district and held as a separate account and expended by said committee. 

Approved February 25, 1958. 



Chap. 120. An Act requiring that notice be given to certain 
persons upon a petition for the appointment of 

guardians FOR MINORS. 

Be it enacted, etc. as follows: 

Section 1. Chapter 201 of the General Laws is hereby amended by 
striking out section 2, as appearing in the Tercentenary Edition, and 
inserting in place thereof the following section : — Section 2. If a 
minor is under fourteen the probate court may nominate and appoint 
his guardian. If he is above that age he may nominate his own guardian, 
who, if approved by the court, shall be appointed accordingly. Such 
nomination may be made before a justice of the peace, notary public 



Acts, 1958. — Chaps. 121, 122. 61 

or city or town clerk within the commonwealth who shall certify the 
fact to the probate court. Upon the filing of a petition for the appoint- 
ment of a guardian under this section, the court shall appoint a time and 
place for a hearing, and shall cause not less than seven days' notice 
thereof to be given to the mother and father of said minor, if living, 
unless they have assented to the filing of said petition ; otherwise notice 
shall be given to the nearest relatives of full age, and if there are no 
known relatives within the commonwealth notice shall be given by pub- 
lication as directed by the court. If the person nominated is not ap- 
proved by the court, or if the minor resides out of the commonwealth, 
or if the minor after being cited neglects to nominate a suitable person, 
the court may nominate and appoint his guardian in the same manner 
as if he were under fourteen. If the minor is a married woman no guard- 
ian shall be appointed without such notice to her husband as the court 
may order. In the matter of said appointment and all subsequent pro- 
ceedings relating thereto, the United States veterans' bureau or its 
successor shall be deemed to be a party in interest and shall receive 
such notice as the court may order, if the ward or proposed ward is 
entitled to any benefit, estate or income paid or payable by or through 
said bureau or its successor. 

Section 2. This act shall take effect on January first, nineteen hun- 
dred and fifty-nine. Approved February 26, 1958. 

Chap. 121. An Act extending the definition of the word "child" 
to include an adopted child in certain instruments. 

Be it enacted, etc., as follows: 

Section 1, Chapter 210 of the General Laws is hereby amended by 
striking out section 8, as appearing in the Tercentenary Edition, and 
inserting in place thereof the following section: — Sections. The 
word "child", or its equivalent, in a grant, trust settlement, entail, 
devise or bequest shall include an adopted child to the same extent as if 
born to the adopting parent or parents in lawful wedlock unless the 
contrary plainly appears by the terms of the instrument. 

Section 2. The provisions of section eight of chapter two hundred 
and ten of the General Laws, as amended by section one of this act, 
shall be applicable only to grants, trust settlements, entails, devises or 
bequests executed after the effective date of this act. 

Section 3. This act shall take effect six months after its passage. 

Approved Fehruarij 26, 1968. 

Chap. 122. An Act making appropriations for the fiscal year 

ending JUNE thirtieth, NINETEEN HUNDRED AND FIFTY- 
EIGHT, supplementing CERTAIN EXISTING APPROPRIATIONS 
FOR THE STATE AIRPORT MANAGEMENT BOARD, THE PORT 
OF BOSTON COMMISSION, THE NEW BEDFORD STATE PIER 
AND FOR DEBT SERVICE. 

Be it enacted, etc., as follows: 

Section 1. To provide for supplementing certain appropriations 
previously made for the state airport management board, the port of 
Boston commission, the New Bedford state pier and for debt service, 



62 



Acts, 1958. — Chap. 122. 



the sums set forth in section two of this act are hereby appropriated 
from the General Fund for the fiscal year ending June thirtieth, nineteen 
hundred and fifty-eight, to be in addition to amounts previously appro- 
priated for said purposes, subject to the provisions of law regulating 
the disbursement of pubUc funds and the approval thereof and the con- 
ditions pertaining to said items in chapters four hundred and eighty- 
three and seven hundred and forty-three of the acts of nineteen hundred 
and fifty-seven. 
Section 2. 

STATE PURPOSES APPROPRIATIONS. 
APPROPRIATIONS MADE FROM THE GENERAL FUND. 
Boards and Commissions serving under Governor and Council. 
State Airport Management Board. 

For the service of the state airport management board, including not 
more than eight permanent positions . . . . $20,875 00 

For the operation of the Logan airport, including not more than one hun- 
dred and thirty- two permanent positions . . . 294,533 00 

For the operation of the Hanscom field, including not more than eight 
permanent positions ...... 18,875 00 

Total $334,283 00 
Service of the Port of Boston Commission. 

For expenses of administration, including not more than thirty-nine per- 
manent positions; provided, that no compensation or expenses of con- 
sultants for legal services shall be chargeable to this item $90,220 00 

For the operation and maintenance of property under the control of the 
commission, including not more than fifty-four permanent posi- 
tions 74,900 00 

For expenses of making investigations and presenting the commonwealth's 
case in connection with differential freight rates, prior appropriation 
continued 20,000 00 



Item 
0492-01 

0493-01 

0494-01 



0496-01 



0496-02 



0496-03 



Total $185,120 00 

Service of the Department of Public Works. 

Division of Waterways. 
2202-07 For the operation and maintenance of the New Bedford state pier, in- 
cluding not more than three permanent positions . $4,500 00 



DEBT SERVICE APPROPRIATIONS. 

APPROPRIATIONS MADE FROM THE GENERAL FUND. 

Interest and Redemption of Debt. 

2410-00 For the payment of interest on the direct debt of the commonwea,lth, to 
be in addition to the amount appropriated in item 2951-00, prior ap- 
propriation continued ...... $249,224 00 

2420-00 For certain serial bonds maturing, to be in addition to the amount ap- 
propriated in item 2952-00, prior appropriation continued; provided, 
that to reimburse the General Fund for the cost of debt service on 
account of highway expenditures made in accordance with the pro- 
visions of chapter six hundred and eighty-nine of the acts of nineteen 
hundred and fifty-four, as amended, the comptroller shall transfer to 
the General Fund the sum of two hundred and forty-six thousand two 
hundred dollars from the Highv/ay Fund . . 1,644,000 00 

Total, Interest and Redemption of Debt $1,893,224 00 



Acts, 1958. — Chap. 123. 63 

Section 3. Section 14 of chapter 743 of the acts of 1957 is hereby- 
amended by inserting after the word "nineteen", in Hne 5, the follow- 
ing : — and nineteen A. 

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

Approved February 27, 1958. 



Chap. 123. An Act relative to the construction, extension and 
maintenance of certain structures bridging gillette 
park in the south boston district of the city of 

BOSTON. 

Be it enacted, etc., as follows: 

Section 1. At any time within five years after the effective date of 
this act, upon petition and after seven days' notice published in at least 
three newspapers pubUshed in the city of Boston, and a public hearing 
thereon, the pubHc improvement commission of said city may, with the 
approval of the mayor, grant and issue a permit to The Gillette Com- 
pany, a corporation duly established and existing under the laws of 
Delaware, and its successors and assigns, to construct and, on such 
conditions and subject to such restrictions as said commission may pre- 
scribe, permanently to maintain a structure bridging a portion of the 
pubhc way in said Boston known as Gillette Park at a place where said 
corporation owns the land with the buildings thereon on opposite sides 
of said public way, for the purpose of connecting said buildings. 

Section 2. At anj' time within ten years after the effective date of 
this act, upon petition and after seven days' notice published in at 
least three newspapers published in said city, and a public hearing 
thereon, said commission may, with the approval of the mayor, grant 
and issue a permit to said corporation and its successors and assigns, 
to construct and, on such conditions and subject to such restrictions as 
said commission may prescribe, permanently to maintain another struc- 
ture bridging a portion of said public way at a place where said corpora- 
tion owns the land with the buildings thereon on opposite sides of said 
public way, for the purpose of connecting said buildings. 

Section 3. At any time and from time to time after the effective 
date of this act, upon petition and after seven days' notice published in 
at least three newspapers published in said city, and a public hearing 
thereon, said commission may, with the approval of the mayor, grant 
and issue a permit to said corporation or a successor or assignee thereof 
to extend and enlarge a structure constructed under a permit issued 
under section one or section two or both said structures and, on such 
conditions and subject to such restrictions as said commission may pre- 
scribe, permanently to maintain such structure or structures as so ex- 
tended and enlarged. 

Section 4. No structure bridging said pubhc way under a permit 
issued under section one or section two, nor any extension or enlarge- 
ment thereof under a permit issued under section three shall be con- 
structed or maintained at a height less than twenty-two and one-half 
feet above the grade hne of said pubhc way as existing on the effective 
date of this act; no part of any .such structure, extension or enlarge- 
ment or its supports shall rest upon the surface of said public way; 
and no such structure, extension or enlargement shall be constructed 



64 Acts, 1958. — Chaps. 124, 125 

or maintained ovei any portion of said public way not owned in fee by 
said corporation without the written consent of the owner of such por- 
tion in each instance. Such consent of said city may be given by said 
commission with the approval of the mayor. 

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

Approved February 28, 1958. 



Chap. 124. An Act authorizing cities and towns to provide 
co-operative or complementary facilities to mental 
health out-patient clinics and to appropriate 
money therefor and for payment for services 
rendered by such clinics. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to authorize forthwith cities and towns to provide 
co-operative or complementary facilities to out-patient clinics established 
or to be established in accordance with the provisions of chapter one 
hundred and twenty-three of the General Laws, therefore it is hereby 
declared to be an emergency law, necessary for the immediate preserva- 
tion of the public health, safety and convenience. 

Be it enacted, etc., as follows: 

Section 5 of chapter 40 of the General Laws is hereby amended by 
inserting after clause (40B), inserted by section 1 of chapter 247 of the 
acts of 1952, the following clause: — 

(40C) For providing co-operative or complementary facilities to 
out-patient clinics established or to be established in accordance with 
the provisions of chapter one hundred and twenty-three, in co-operation 
with the department of mental health and other agencies collaborating 
with said department and for providing payment for services rendered 
or to be rendered by such public or private agencies. Monies so appro- 
priated may be expended under the direction of the school committee 
or board of health, or under their joint direction. 

Approved February 28, 1968. 



Chap. 125. An Act relative to the annual observance of 
massachusetts art week. 

Be it enacted, etc., as follows: 

Chapter 6 of the General Laws is hereby amended by inserting after 
section 15C, inserted by chapter 44 of the acts of 1957, the following 
section: — Section 15D. The governor shall annually issue a proclama- 
tion setting apart the last week of May as Massachusetts Art Week, 
and recommending that it be observed by the display of works of art 
and appropriate exhibitions and ceremonies in museums, public and 
private schools, Ubraries and elsewhere, in recognition of the great 
cultural tradition of the commonwealth. 

Approved February 28, 1958. 



Acts, 1958. — Chaps. 126, 127. 65 

Chap. 126. An Act relating to the powers, organization and 
administration of the trustees op the episcopal 
theological school and authorizing said trustees 
to hold additional real and personal estate. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 333 of the acts of 1867 is hereby 
amended by striking out, in hnes 9 and 10, the words "young men for 
the ministry of the Protestant Episcopal church," and inserting in place 
thereof the words : — candidates for positions of leadership in the Prot- 
estant Episcopal church and for the ministry thereof, — so as to read 
as follows: — Section 1. Edward S. Rand, Robert C. Winthrop, J. P. 
Putnam, Amos A. Lawrence, James S. Amory, their associates and 
successors, are hereby made a corporation by the name of the Trustees 
of the Episcopal Theological School, with power to establish and main- 
tain in or near the city of Cambridge, a seminary or institution with 
such preparatory schools as they may think fit for the promotion of 
learning and piety, instruction in biblical science and literature, and for 
the education of candidates for positions of leadership in the Protestant 
Episcopal church and for the ministry thereof, with power to confer 
theological degrees. And said corporation shall have all the powers and 
privileges, and be subject to all the duties, liabilities and restrictions set 
forth in the sixty-eighth chapter of the General Statutes, and all gen- 
eral laws which now are or may hereafter be in force, so far as applicable 
to corporations established for literary or charitable purposes. 

Section 2. Said chapter 333 is hereby amended by striking out sec- 
tion 2, as most recently amended by section 1 of chapter 141 of the acts 
of 1922, and inserting in place thereof the following section: — Section 2. 
The number of trustees, not to exceed thirty, of said corporation, the 
manner of electing them, their terms of office, and their powers and 
duties shall be as from time to time fixed by, or in the manner pre- 
scribed by, the by-laws. 

Section 3. Section 2 of chapter 141 of the acts of 1922, as amended 
by chapter 257 of the acts of 1928, is hereb}^ further amended by striking 
out, in fine 3, the word "five" and inserting in place thereof the word: 
— fifteen, — and by inserting after the word "incorporation", in line 4, 
the words : — , as amended, — so as to read as follows : — Section 2. 
The Trustees of the Episcopal Theological School at Cambridge are 
hereby authorized to hold real and personal estate to the amount of 
fifteen million dollars for the purposes named in their act of incorpora- 
tion, as amended; and no gift, devise, bequest or conveyance of real or 
personal estate heretofore made to said corporation shall be invalid by 
reason of the limit heretofore imposed by law upon the amount of such 
estate allowed to be held by it. Approved February 28, 1958. 



Chap. 127. An Act establishing a lunch period for public school 
teachers. 

Be it enacted, etc., as follows: 

Section 1. Chapter 71 of the General Laws is hereby amended by 
adding at the end the following section : — Section 80. Every teacher 
employed in any pubUc school whose duties commence prior to twelve 



66 Acts, 1958. — Chaps. 128, 129. 

o'clock noon, shall be allowed a thirty-minute lunch period between 
the hours of ten o'clock in the forenoon and one o'clock in the afternoon, 
and shall not be required to perform any duties during said lunch period. 
Section 2. Nothing in this act shall be construed so as to reduce 
any lunch period in effect on the effective date hereof which is longer in 
duration than thirty minutes. Approved February 28, 1958. 



Chap, 128. An Act providing that pensions for widows of police- 
men AND FIRE FIGHTERS UNDER THE NON-CONTRIBUTORY 
RETIREMENT LAW BE EXTENDED TO WIDOWS OF POLICEMEN 
AND FIRE FIGHTERS WHO HAVE SERVED CONTINUOUSLY IN 
A CITY OR TOWN FOR NOT LESS THAN TWENTY YEARS. 

Be it enacted, etc., as follows: 

The second paragraph of section 85J of chapter 32 of the General Laws, 
as amended by chapter 583 of the acts of 1957, is hereby further amended 
by striking out the first sentence and inserting in place thereof the fol- 
lowing sentence: — If a policeman or fire fighter who has served con- 
tinuously for not less than twenty years in any city or town where' he 
would be eligible for retirement under the provisions of sections eighty 
to eighty-five, inclusive, dies before being retired, his widow shall re- 
ceive two thirds of the yearly amount of said option B allowance to 
which such policeman or fire fighter would have been entitled had he 
attained age sixty, and had his retirement taken place on the date of his 
death. Approved February 28, 1958. 



Chap. 129. An Act permitting regional school districts to 

APPOINT AN assistant TREASURER. 

Be it enacted, etc., as follows: 

Chapter 71 of the General Laws is hereby amended by striking out 
section 16 A, inserted by section 1 of chapter 638 of the acts of 1949, 
and inserting m place thereof the following section: — Section 16 A. 
The powers, duties and liabilities of a regional school district shall be 
vested in and exercised by a regional district school committee organ- 
ized in accordance with the agreement. The committee shall choose a 
chairman by ballot from its membership. It shall appoint a secretary 
and a treasurer who may be the same person, but who need not be 
members of said committee. The treasurer shaU receive and take charge 
of all money belonging to the district, and shall pay any bill of the 
district which shall have been approved by the committee. The com- 
mittee may appoint an assistant treasurer who need not be a member 
of the committee, and who shall, in the absence of the treasurer, per- 
form his duties and shall have the powers and be subject to the require- 
ments and penalties applicable to him. The treasurer and assistant 
treasurer may, by vote of said committee, be compensated for their 
services. The treasurer and assistant treasurer of said district shall be 
subject to the provisions of sections thirty-five, fifty-two and one hun- 
dred and nine A of chapter forty-one, to the extent applicable. 

Approved February 28, 1958. 



Acts, 1958. — Chaps. 130, 131, 132. 67 

Chap. 130. An Act increasing the time for giving notice to 
telephone, telegraph and electric companies rela- 
tive to the cutting, disconnection or removal of 
wires in certain cases. 

Be it enacted, etc., as follows: 

Chapter 166 of the General Laws is hereby amended by strikmg out 
section 39, as appearing in the Tercentenary Edition, and inserting in 
place thereof the following section : — Section 39. Whenever, in order 
to move a building or for any other necessary purpose, a person desires 
that the wires of any such company be cut, disconnected or removed, 
the company shall forthwith cut, disconnect or remove the same, if the 
person desiring this to be done has first left a written statement, signed 
by him, of the time when, and the place, described by reference to the 
crossings of streets or highways, where he wishes to remove said wires, 
at the office of the company in the city or town where such place is 
situated, seven days before the time so stated, or, if there is no such 
office, if he has deposited such statement in the post office, postage 
prepaid, and directed to the company at its office nearest to said place, 
ten days before the time mentioned in said statement. If the company 
neglects or refuses to cut, disconnect or remove wires, as hereinbefore 
provided, the inspector of wires, or the selectmen of a town having no 
such inspector, may cause the same to be cut, disconnected or removed, 
and the city or town may recover^of the company in contract the expense 
of so doing. Approved February 28, 1958. 



Chap. 131. An Act further regulating investments by savings 

BANKS IN certain INSURED OR GUARANTEED MORTGAGES. 

Be it enacted, etc., as follows: 

Paragraph 3 of section 34 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 first sentence and inserting in place thereof 
the following sentence : — Not more than seventy per cent of the total 
deposits of such corporation shall be invested in mortgages of real 
estate; provided, that in addition to such seventy per cent an amount 
equivalent to ten per cent of the total deposits of such corporation may 
be invested in insured or guaranteed mortgages, or both, referred to 
in paragraph 11 of section thirty-five, section fifty-one of chapter 
one hundred and sixty-seven, and chapter forty-six of the acts of nine- 
teen hundred and forty-five, as amended, and in regulations thereunder. 

Approved February 28, 1958. 



Chap. 132. An Act authorizing the town of stoneham to extend 

THE time for payment OF BETTERMENT ASSESSMENTS 
ON VACANT LAND. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to the contrary, 
the board of public works of the town of Stoneham may extend the 
time for payment of a betterment assessment levied against vacant 



68 Acts, 1958. — Chaps. 133, 134. 

land until said land is built upon or is sold, or for any fixed period 
which said board may determine. Said board may determine whether 
or not interest is to be chargeable during such extension; provided, 
however, that such interest shall not exceed the rate of four per cent 
per annum from the time that said assessment was made. Any exten- 
sion granted, if without interest, shall not exceed three years; provided, 
however, that said board may grant successive extensions. The assess- 
ment shall be paid within three months after such land is built upon 
or is sold, or at the expiration of any fixed extension. 

Section 2. This act shall take full effect upon its acceptance by a 
majority of the voters of said town voting thereon at an annual or 
special town meeting called for the purpose. 

Approved February 28, 1958. 



Chap. 133. An Act authorizing credit unions to make simul- 
taneous LOANS TO MEMBERS. 

Be it enacted, etc., as follows: 

Subdivision (A) of section 24 of chapter 171 of the General Laws is 
hereby amended by striking out fines 4 to 7, inclusive, as appearing in 
chapter 117 of the acts of 1951, and inserting in place thereof the follow- 
ing: — The maximum amount of credit to be extended to a member in 
excess of the shares and deposits of the maker, and co-maker if any, 
pledged to secure the same, shall be limited as follows, except that 
where a loan is secured by satisfactory collateral additional credit may 
be extended under the provisions of paragraphs 1, 2 or 3 provided that 
such additional loan or loans shall not in the aggregate exceed five 
hundred dollars at any one time : — . 

Approved February 28, 1958. 



Chap. 134. An Act relative to deposits in a savings bank by 

THE deposit insurance FUND OF THE MUTUAL SAVINGS 
CENTRAL FUND, INC. 

Be it enacted, etc., as follows: 

The first paragraph of section 3 A of chapter 43 of the acts of 1934 
is hereby amended by inserting after the word "agreement", in line 
55, as appearing in section 1 of chapter 125 of the acts of 1938, the 
words : — ; (e) make a deposit in such bank of such amount as the 
directors deem advisable which deposit shall not be subject to hmits 
imposed by section twenty-one of chapter one hundred and sixty-eight 
of the General Laws or by the by-laws of the bank, and which may or 
may not be a subordinated deposit and may or may not be in accordance 
with an agreement that dividends thereon will be at a lower rate than 
is paid to other depositors. Approved February 28, 1958. 



Acts, 1958. — Chaps. 135, 136. 69 

Chap. 135. An Act providing that the required reserve of 
trust companies may consist in part of balances 
due from certain trust companies insured by the 
federal deposit insurance corporation. 

Be it enacted, etc., as follows: 

Chapter 172 of the General Laws is hereby amended by striking out 
section 74, as amended by section 28 of chapter 349 of the acts of 1934, 
and inserting in place thereof the following section: — Section 74. 
Not less than one fifth of the required reserve shall consist of lawful 
money of the United States, silver certificates, or notes and bills issued 
by any lawfully organized national banking association or federal reserve 
bank. The remainder, if any, shall consist of balances payable on 
demand due from any member of the federal reserve system or from 
any trust company insured by the Federal Deposit Insurance Corpora- 
tion, located in this commonwealth, in a reserve city in the second, 
third or fourth federal reserve district or in a central reserve city, as 
designated by or under authority of act of congress, or from any trust 
company authorized to act as reserve agent as provided in the following 
section, and/or bonds, notes, bills and certificates of indebtedness of 
the United States, or of this commonwealth, computed at their fair 
market value, which are the absolute property and under the control 
of such corporation; provided, that not more than two fifths of the 
minimum reserve required shall consist of such bonds, notes, bills and 
certificates of indebtedness. Approved February 28, 1958. 

Chap. 136. An Act making certain employees of redevelopment 
authorities in cities and towns eligible for con- 
tributory group general or blanket insurance. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to make certain employees of redevelopment authori- 
ties ehgible for contributory group general or blanket insurance without 
delay, therefore it is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 32B of the General Laws is hereby amended 
by striking out section 13, as appearing in section 1 of chapter 730 of 
the acts of 1956, and inserting in place thereof the following section: — 
Section 13. Upon acceptance of the provisions of this chapter by vote 
of a local housing authority or a local redevelopment authority, the 
employees of any such authority 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 any such authority exists, and shall be con- 
sidered eligible for coverage in the city or town or county group for 
the purpose of securing such coverage, and any such authority is hereby 
authorized to pay out of the funds of any such 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 compensation of each 
employee of any such authority who is covered under this chapter 



70 Acts, 1958 —Chaps. 137, 138. 

fifty per cent of the premium for the insurance of the employee and 
his dependents, and any such authority shall contribute the remaining 
fifty per cent of such premium. 

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

(g) "Pohtical subdivision", any county, city, town, district, local 
housing authority or local redevelopment authority. 

Approved February 28, 1958. 



Chap. 137. An Act authorizing the town of nantucket to 

APPOINT A special COMMITTEE TO ARRANGE FOR A CELE- 
BRATION COMMEMORATING THE THREE HUNDREDTH ANNI- 
VERSARY OF THE SETTLEMENT OF THE TOWN OF NANTUCKET. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Nantucket are hereby 
authorized to appoint a committee, consisting of not less than five 
members, who shall be residents of said town, to devise ways and means 
of observing the three hundredth anniversary of the settlement of the 
town of Nantucket and to handle all arrangements in connection with 
the celebration thereof, and to designate one of said members as treas- 
urer of said committee. Said treasurer shall give bond for the faithful 
performance of his duties in such form and in such amount as the 
selectmen may determine. The committee shall elect from its member- 
ship a chairman and a secretary. Said committee may expend for the 
aforesaid purposes such sums as it deems necessary, including the ex- 
penses for stationery, advertising and stenographic services. The 
members of said committee shall receive no compensation for their 
services. 

Section 2. For the purposes of this act, the town of Nantucket may 
appropriate such sums as it may determine. 

Section 3. All monies received by said committee, whether from 
appropriation, receipts, contributions, or other sources, shall be held 
by it in a separate fund, which shall be used as a revolving fund until 
said celebration |ias been accomplished, whereupon the money, if any, 
remaining in said fund, after payment of all necessary expenses incurred 
in connection with said celebration, shall be turned over to the town 
treasurer. 

Section 4. This act shall take effect upon its acceptance by the 
voters of the town of Nantucket at an annual or special town meeting 
during the current year. Approved February 28, 1968. 



Chap. 138. An Act extending the jurisdiction of district courts 
TO include criminal conspiracies. 

Be it enacted, etc., as follows: 

Section 26 of chapter 218 of the General Laws, as most recently 
amended by section 1 of chapter 365 of the acts of 1938, is hereby 
further amended by striking out, in line 7, the words "conspiracies 
and", — so_as to read as follows: — Section 26. District courts shall 



Acts, 1958. — Chaps. 139, 140. 71 

have original jurisdiction, concurrent with the superior court, of the 
following offences committed within their respective districts or other- 
wise made punishable therein: all violations of by-laws, orders, ordi- 
nances, rules and regulations, made by cities, towns and public officers, 
all misdemeanors, except libels, all felonies punishable by imprisonment 
in the state prison for not more than five years, the crimes mentioned in 
sections eighteen and nineteen of chapter two hundred and sixty-six, 
and the crimes of forgery of a promissory note, or of an order for money 
or other property, and of uttering as true such a forged note or order, 
knowing the same to be forged, if in either case the sum of money or the 
value of the property named in such note or order does not exceed fifty 
dollars. Approved March 3, 1958. 



Chap. 139. An Act increasing the number of the trustees of 
the cushing academy. 

Be it enacted etc., as follows: 

Section 7 of chapter 265 of the acts of 1865, as amended by chapter 
193 of the acts of 1941, is hereby further amended by striking out, in 
lines 2 and 3, the words "ten nor more than twenty" and inserting in 
place thereof the words : — fifteen nor more than thirty, — so as to 
read as follows : — Section 7. The number of trustees shall be not less 
than fifteen nor more than thirty, five of whom shall be a quorum for 
the transaction of business except in the election or removal of trustees, 
when eight members present and voting shall be necessary; and the 
said Amasa Norcross is hereby authorized and empowered to prescribe 
the time and place for the holding of the first meeting of the said trustees 
and to notify them thereof. Approved March 3, 1958. 

Chap. 140. An Act repealing certain obsolete provisions of 

LAW relative to THE OBSERVANCE OF CERTAIN HOLIDAYS. 

Be it enacted, etc., as follows: 

Section 7 of chapter 4 of the General Laws is hereby amended by 
striking out clause Eighteenth, as most recently amended by section 2 
of chapter 281 of the acts of 195G, and inserting in place thereof the 
following clause : — 

Eighteenth, "Legal holiday" shall include January first, February 
twenty-second, April nineteenth. May thirtieth, July fourth, the first 
Monday of September, October twelfth, November eleventh. Thanks- 
giving day and Christmas day, or the day following when any of the 
five days first mentioned, October twelfth, November eleventh, or 
Christmas day occurs on Sunday; and the pubUc offices shall be closed 
on all of said days; and all laws, statutes, orders, decrees, rules and 
regulations regulating the observance of the Lord's day shall be applica- 
ble to May thirtieth and November eleventh between the hours of 
seven o'clock ante meridian and one o'clock post meridian, or during the 
same hours on the day following when May thirtieth or November 
eleventh occurs on Sunday, except that on May thirtieth, or on the day 
following when May thirtieth occurs on Sunday, florist shops may be 
kept open all of said day, and except that on November eleventh, or 



72 Acts, 1958. — Chaps. 141, 142. 

on the day following when November eleventh occurs on Sunday, 
hunting during said hours, if otherwise lawful, shall not be prohibited; 
and all laws, statutes, orders, decrees, rules and regulations regulating 
the keeping open of retail stores on the Lord's day shall be applicable 
to the keeping open of retail stores on October twelfth between the 
hours of seven o'clock ante meridian and one o'clock post meridian, or 
during the same hours on the day following when October twelfth occurs 
on Sunday. "Legal holiday" shall also include, with respect to Suffolk 
county only, March seventeenth and June seventeenth, or the day 
following when March seventeenth or June seventeenth occurs on 
Sunday, and the public offices of the cities of Boston, Chelsea and 
Revere, the town of Winthrop and the coujity of Suffolk shall be closed 
on said March seventeenth or the day following when March seven- 
teenth occurs on Sunday, and the public offices of the commonwealth 
within the county of Suffolk shall close at twelve o'clock noon on said 
March seventeenth or the day following when March seventeenth 
occurs on Sunday, and the public offices in said county shall be closed 
on said June seventeenth or the day following when June seventeenth 
occurs on Sunday; provided, that the words "legal holiday" as used 
in section forty-five of chapter one hundred and forty-nine, and the word 
"holiday" as used in chapter one hundred and seven, shall not include 
March seventeenth or the day following when March seventeenth occurs 
on Sunday. Approved March 4, 1958. 



Chap. 141. An Act designating the junction of Leicester street 
and north main street in the town of oxford as the 
john g. saad memorial square. 

Be it enacted, etc., as follows: 

Section 1. The junction of Leicester street and North Main street 
in the town of Oxford shall be know^n and designated as the John G. 
Saad Memorial Square. The Veterans of Foreign Wars Post number 
5663 is hereby authorized to erect a suitable tablet or marker bearing 
said designation; provided, however, that said tablet or marker shall 
be subject to the approval of the department of public works. 

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

Approved March 6, 1958. 



Chap. 142. An Act permitting the first christian church of 

HIXVILLE to receive INCOME FROM A CERTAIN TRUST 

fund. 

Be it enacted, etc., as follows: 

The First Christian Church of Hixville situated in North Dartmouth 
in the town of Dartmouth shall be entitled to receive and hold the in- 
come to be derived from the trust fund created for its benefit under the 
will of Edward P. Faunce, late of BrookHne, Massachusetts, notwith- 
standing the provisions of section nine of chapter sixty-eight of the 
General Laws. Approved March 6, 1958. 



Acts, 1958. — Chaps. 143, 144, 145. 73 

Chap. 143. An Act phoviding for the compulsory delegation 
OF authority to the executive director of the out- 
door ADVERTISING DIVISION TO ISSUE CERTAIN LICENSES 
AND PERMITS. 

Be it enacted, etc., as follows: 

The fourth sentence of section 29 of chapter 93 of the General Laws, 
as appearing in section 4 of chapter 584 of the acts of 1955, is hereby 
amended by striking out, in line 1, the word "may" and inserting in 
place thereof the word: — shall, — so as to read as follows: — The 
board shall delegate to the executive director authority to issue licenses 
or permits, subject to the provisions of section twenty-nine A, where 
no objection has been received to the pending application. 

Approved March 6, 1958. 



Chap. 144. An Act relative to the corporate powers of the 
relief association of the malden fire department. 

Be it enacted, etc., as follows: 

Upon the death of any pensioned member of the fire department of 
the city of Maiden, who is a member of the Relief Association of the 
Maiden Fire Department, and who is entitled to receive benefits under 
the constitution and by-laws of said corporation, the amount of mortuary 
benefit to which he was entitled at the time of his retirement as an active 
member of said fire department shall be paid to such person as the de- 
ceased shall have designated in a writing filed with the secretary; pro- 
vided, however, that the person so designated shall be the wife, be- 
trothed, child, adopted child, parent, or adopting parent, blood relative 
of, or a person dependent upon, such deceased member. In the event 
that the named beneficiary has died, or is illegally designated, then the 
benefit shall be paid to the wife, children, mother, father, brother, sister 
or next of kin in the order named. Approved March 6, 1958. 



Chap. 145. An Act relative to the retirement of veterans 
employed by the south essex sewerage district. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section sixty of 
chapter thirty-two of the General Laws, sections fifty-six to fifty-nine, 
inclusive, of said chapter thirty-two shall take effect and be applicable 
in the South Essex Sewerage District, provided that no veteran whose 
employment first began after June thirtieth, nineteen hundred and 
thirty-nine shall be subject to the provisions of said sections fifty-six 
to fifty-nine, inclusive. 

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 provisions of its charter, and in any such town it 
shall be accepted by a majority of the voters voting thereon at an 
annual or special town meeting called for the purpose. 

Approved March 7, 1968. 



74 Acts, 1958. — Chaps. 146, 147, 148, 149. 

Chap. 146. An Act making certain corrective changes in the 

LAW relating to TRANSIENT VENDORS, HAWKERS AND 
PEDDLERS. 

Be it enacted, etc., as follows: 

Chapter 101 of the General Laws is hereby amended by striking out 
section 1, as most recently amended by section 21 of chapter 490 of the 
acts of 1941, and inserting in place thereof the following section: — 
Section 1. The following words shall for the purposes of this chapter 
have the following meanings, unless the context requires otherwise : — 

"Director", the director of standards and necessaries of life in the 
department of labor and industries. 

"Transient vendor", any person, either principal or agent, who en- 
gages in a temporary or transient business in the commonwealth selling 
goods, wares or merchandise, either in one locaUty or in traveling from 
place to place. 

"Temporary or transient business", any exhibition and sale of goods, 
wares or merchandise which is carried on in any tent, booth, building 
or other structure, unless such place is open for business during usual 
business hours for a period of at least twelve consecutive months. 

Approved March 7, 1958. 

Chap. 147. An Act relative to the payment by the new bed- 
ford POLICE association OF SUMS OF MONEY TO RETIRED 
MEMBERS OF THE ASSOCIATION. 

Be it enacted, etc., as follows: 

The New Bedford Police Association, a corporation duly established 
under the laws of the commonwealth, is hereby authorized, upon retire- 
ment of any member in good standing, to pay such member such sum, 
not exceeding five hundred dollars, as may be determined by vote of the 
directors of said corporation. Approved March 7, 1958. 



Chap. 148. An Act authorizing an increase in the arsenic 
content of embalming fluid. 

Be it enacted, etc., as follows: 

Section 51 of chapter 114 of the General Laws, inserted by chapter 472 
of the acts of 1955, is hereby amended by striking out, in hues .3 and 4, 
the words "five tenths of one milUgram" and inserting in place thereof 
the words: — five milligrams. Approved March 7, 1958. 



Chap. 149. An Act authorizing the commissioner of mental 
health to sell certain property of the common- 
wealth in the city of worcester to the st. george 
syrian antiochian orthodox church of worcester. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to authorize the immediate sale of certain property of 
the commonwealth in the city of Worcester by the commissioner of 
mental health to the St. George Syrian Antiochian Orthodox Church 



Acts, 1958. — Chap. 150. 75 

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

Be it enacted, etc., as follows: 

Section 1. Chapter 362 of the acts of 1957 is hereby repealed. 

Section 2. The commissioner of mental health in the name and on 
behalf of the commonwealth is hereby authorized and directed to sell to 
the St. George Syrian Antiochian Orthodox Church of Worcester, at a 
price equivalent to the January first, nineteen hundred and fifty-seven 
assessed valuation thereof, a certain tract of land located at the north- 
east junction of Belmont Street and Plantation Street in the city of 
Worcester and bounded and described as follows : — 

Beginning at a point at the northeast corner of the intersection of 
Plantation Street and Belmont Street; thence running north 36° 02' 29" 
east, by the line of Plantation Street 602.01 feet to a point; thence 
continuing along the line of said Plantation Street in a northeasterly 
direction along the arc of a curve having a radius of 920 feet and deflect- 
ing towards the left for a distance of 258.37 feet to a point; thence 
south 82° 50' 01" east, 197.34 feet to a point; thence running south 
02° 30' 31" east; 657.52 feet to the northerly line of said Belmont 
Street; thence turning and running south 87° 29' 29" west, by the hne 
of Belmont Street 699.56 feet to said Plantation Street and the point 
of beginning. 

The land hereby conveyed is subject to a twenty-foot easement for 
the benefit of the Commonwealth of Massachusetts and the political 
subdivisions thereof for the purpose of maintaining, repairing and re- 
constructing all existing sewers. Said twenty-foot easement extends 
10 feet each side of the center-line of the existing sewers. 

The deed shall expressly provide that in the event of future takings 
by the Commonwealth of Massachusetts, county of Worcester or city 
of Worcester for the relocation or widening of said Belmont Street, 
or both, and Plantation Street that the grantee shall waive all land 
damage claims. 

Said land is to be used for the purpose of erecting a church, rectory, 
recreational area, community center and home for the aged thereon; 
provided, however, that the grantee may use or grant the use of portions 
of said land for the construction of roads and for the widening of existing 
roads, and may grant over and across said land such locations as may be 
necessary for water and sewer lines or may be required by public neces- 
sity or convenience for telephone, telegraph or electric light or power 
transmission and gas lines. Title to said land shall revert to and revest 
in the commonwealth whenever it shall be put to uses other than those 
described in this act. Approved March 7, 1958. 



Chap. 150. An Act validating action of the town of sterling 
relative to the purchase of the chadwick square 
garage in said town. 

Be it enacted, etc., as follows: 

The action of the town of Sterling taken at the annual town meeting 
held on February fourth, nineteen hundred and fifty-seven, in voting 
to purchase the Chadwick Square Garage together with four acres of 



76 Acts, 1958. — Chaps. 151, 152. 

land for the sum of twelve thousand dollars, that the sum of two thou- 
sand dollars be raised from the tax levy of the year nineteen hundred 
and fifty-seven, and that the treasurer be authorized to issue notes or 
bonds for the balance, payable in not more than five years, and all acts 
done in pursuance thereof are hereby confirmed and made valid, not- 
withstanding any provisions of section seven of chapter forty-four of 
the General Laws to the contrary. Approved March 7, 1958. 



Chap. 151. An Act authorizing the city of malden to reim- 
burse DR. MARY SPENCER FOR EXPENSES INCURRED FOR 
OUT OF STATE TRAVEL. 

Be it enacted, etc., as follows: 

For the purpose of discharging a moral obligation, the city of Maiden 
may appropriate and pay to Dr. Mary Spencer the sum of one hundred 
and forty-two dollars and forty-seven cents, as reimbursement for ex- 
penses incurred by her for out of state travel in connection with her 
duties as director of health and hygiene in the school department of 
said city. Approved March 7, 1958. 



Chap. 152. An Act clarifying the provisions of law relating 
to methods of determining taxable income. 

Be it enacted, etc., as follows: 

Chapter 62 of the General Laws is hereby amended by striking out 
section 7, as most recently amended by section 2 of chapter 540 of the 
acts of 1957, and inserting in place thereof the following section: — 
Section 7. In computing gains or losses from the sale or exchange of 
capital assets, the basis of property owned on January first, nineteen 
hundred and sixteen, shall be the fair market value on that date or the 
cost or other basis thereof, whichever is higher. The basis for com- 
puting gain or loss from the sale or exchange of property acquired after 
January first, nineteen hundred and sixteen, shall be determined as 
follows : — (a) the basis of property acquired by purchase shall be the 
cost thereof; (6) the basis of property acquired by gift prior to July 
first, nineteen hundred and fifty-four, shall be the fair market value on 
the date acquired ; (c) the basis of property acquired by gift after June 
thirtieth, nineteen hundred and fifty-four, shall be the basis to the 
donor or the last preceding owner by whom it was not acquired by gift, 
or the fair market value at the date of the gift, whichever is lower; 
{d) the basis of property acquired by bequest, devise or inheritance 
shall be the fair market value of the property on the date acquired; 
(e) the basis of property acquired as a dividend not paid in liquidation 
from a corporation, association or trust, the beneficial interest in which 
is represented by transferable shares, shall be the value at which such 
property was reportable as income; (/) the basis of property acquired 
upon the liquidation, in whole or in part, of a corporation, association 
or trust, the beneficial interest in which is represented by transferable 
shares, shall be the fair market value of the property on the date it was 
acquired; {g) the basis of stock acquired as a non-taxable dividend, 
hereafter called new stock, shall be obtained by multiplying the basis 



Acts, 1958. — Chap. 153. 77 

of the stock on which such dividend was paid, hereafter called old stock, 
by a fraction whose numerator is the fair market value of the new stock 
when acquired, and whose denominator is the fair market value of both 
the old and the new stock when acquired; (h) the basis of rights to 
purchase securities acquired as a distribution shall be zero; (i) the 
basis of property acquired in a non-taxable exchange shall be the basis 
of the property exchanged therefor; and 0) the basis of property ac- 
quired in a taxable exchange shall be the fair market value of the prop- 
erty at the time of the exchange. 

In the case of real or tangible personal property, the foregoing basis 
shall be diminished by the amount of depreciation allowable to the 
taxpayer under the provisions of this chapter and corresponding pro- 
visions of earlier laws. For determining loss in the case of real property, 
the rental income from which is exempt under this chapter, the fore- 
going basis shall be reduced by depreciation sustained during the period 
such property was rented. In the case of undeveloped land, the fore- 
going basis shall be increased by the excess of the property taxes paid 
over the rental income received after that date. 

In the case of intangible personal property: First, if the property has 
constituted the basis of a non-taxable stock dividend, the foregoing 
basis shall be reduced by the amount apportioned as the basis of the 
new stock acquired in accordance with subsection (g) ; and second, the 
foregoing basis shall be reduced by any amounts which do not con- 
stitute a dividend as defined in subsection (b) of section sixty-one. 

Approved March 7, 1958. 



Chap. 153. An Act authorizing the city of quincy to contribute 
one half the cost of the installation of warning 
lights and bells at the norfolk downs railroad 

STATION. 

Be it enacted, etc., as follows: 

Section 1. The city of Quincy is hereby authorized to appropriate 
the sum of eight thousand one hundred and seventy-five dollars for the 
purpose of contributing one half the cost of the installation of warning 
lights and bells at the Norfolk Downs railroad station in said city; 
provided, however, that said city shall not be responsible for the opera- 
tion and maintenance of said lights and bells, nor shall it be liable for 
personal injuries or death, or for property damage, suffered by any 
person by reason of said maintenance or operation or failure thereof; 
and provided, further, that said city shall not, by reason of the passage 
of this act or the expenditure herein authorized, be liable for personal 
injuries or death, or for property damage, suffered by any person by 
reason of any defect or want of repair in the way at said station. 

Section 2. This act shall take effect upon its acceptance by the 
city council of said city, subject to the provisions of its charter, but not 
otherwise. Approved March 7, 1968. 



78 Acts, 1958. — Chaps. 154, 155. 

Chap. 154. An Act relative to the qualifications of persons 
AS teachers in state aided approved vocational 
schools. 

Be it enacted, etc., as follows: 

Chapter 74 of the General Laws is hereby amended by striking out 
section 24A, inserted by chapter 497 of the acts of 1947, and inserting 
in place thereof the following section: — Section 24 A. Any person who 
is not over fifty j^ears of age and is otherwise quahfied shall be ehgible 
for an appointment as a teacher in state aided approved vocational 
schools. Approved March 7, 1958. 



Chap. 155. An Act relative to the increase in the amount 
and number of shares of capital stock of insurance 
companies and the sale thereof. 

Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is hereby amended by striking out 
section 70, as most recently amended by section 13 of chapter 698 of 
the acts of 1957, and mserting in place thereof the followmg section: — 
Section 70. Such company may issue pro rata to its stockholders cer- 
tificates of any portion of its actual net surplus it may decide to divide, 
which shall be deemed to be an increase of its capital to the amount of 
such certificates, or such company may, at a meeting called therefor, 
vote to increase the amount and number of shares of its capital stock, 
and to issue certificates thereof when paid in full. If a company shall 
vote to increase its capital in the second of the two ways set forth in the 
preceding sentence, the increase in the amount and number of shares of 
capital stock may, at the discretion of the directors, be disposed of for 
cash, property, services or expenses in whole or in part without being 
offered to the stockholders. In the event the directors decide that the 
new issue, or a part of it, is to be offered to the stockholders, the directors 
shall fix the price per share, in respect of shares with par value at not 
less than par, and in respect of shares without par value at not less than 
its stated portion of authorized capital, at which, and the time, not less 
than thirty days after the date of such vote to increase, within which the 
new stock may be taken by the stockholders, and the directors shall 
forthwith give written notice to each stockholder who was such at the 
time of the vote to increase, stating the amount of the increase, the 
number of shares or fractions of shares of new stock that such stock- 
holder is entitled to take, the price at which and the time within which 
such new stock may be taken; within said time each stockholder may 
take, at the price fixed as aforesaid, his proportion of such new shares at 
the date of such vote to increase; provided, that if at the expiration of 
such time any shares remain untaken, the directors may sell the same 
for the benefit of the corporation in such manner and for such price, 
not less than the price fixed as aforesaid, as they may determine. In 
whichever mode the increase is made, the company shall, within thirty 
days after the issue of such certificates, submit to the commissioner a 
certificate setting forth the proceedings thereof and the amount of such 
increase, signed and sworn to by its president and secretary and a 
majority of its directors. If the commissioner finds that the increase is 



Acts, 1958. — Chap. 156. 79 

made in conformity to law, he shall endorse his approval thereon; and 
upon filing such certificate so endorsed with the state secretary and the 
payment of a fee of one twentieth of one per cent of the amount by 
which the capital is increased but not less than twenty-five dollars for 
filing the same, the company may transact business upon the capital 
as increased, and the commissioner shall, upon payment of the fee pre- 
scribed by section fourteen, issue his certificate to that effect. 

Approved March 10, 1968. 

The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, March 12, 1958. 

The Honorable Edward J. Cronin, Secretary of the Covimonwealth, State House, 

Boston, Massachusetts. 

Dear Mr. Secretary: — I, Robert F. Murphy, pursuant to the 
provisions of Article XL VIII of the Amendments to the Constitution, 
the Pccferendum II, Emergency Measures, hereby declare in my opinion 
the immediate preservation of the public convenience requires that the 
law being Chapter 155 of the Acts of 1958, entitled "An Act Relative 
to the Increase in the Amount and Number of Shares of Capital Stock 
of Insurance Companies and the Sale Thereof" and the enactment of 
which received my approval on March 10, 1958, should take effect 
forthwith. 

I further declare that in my opinion said law is an emergency law and 
the facts constituting the emergency are as follows: 

Postponement of the operation of this act for ninety days would 
defeat its purpose which is to facilitate the expansion of the insurance 
industry in Massachusetts and prevent the potential change of domi- 
cile of domestic insurance companies. 

Very truly yours, 

Robert F. Murphy, 

Lieutenant Governor, Acting Governor of the Commonwealth. 
Office of the Secretart, Boston, March 12, 1958. 

I, Francis X. Ahearn, Deputy Secretary of the Commonwealth, hereby 
certify that the accompanying statement was filed in this office by His 
Honor the Lieutenant Governor, Acting Governor of the Common- 
wealth of Massachusetts at eleven o'clock and fifty-five 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 one hundred and fifty-five of the acts of nineteen hundred 
and fifty-eight. 

Francis X. Ahearn, 

Deputy Secretary of the Commonwealth. 

Chap. 156. An Act authorizing the city of Springfield to con- 
vey certain land acquired for park purposes. 

Be it enacted, etc., as follows: 

Section 1. The city of Springfield, by its board of park commis- 
sioners, is hereby authorized, by sale or otherwise, to convey free from 



80 Acts, 1958. — Chaps. 157, 158. 

all restrictions, to Edith B. Bigelow of St. Paul, Minnesota, and Frances 
B. Anderson of Miami, Florida, a certain parcel of land in said city of 
Springfield heretofore acquired for park purposes and bounded and de- 
scribed as follows : — 

Beginning at an iron rod in the northerly line of South Branch Park- 
way at the easterly end of a curve in said northerly line, having a radius 
of eight hundred seventeen and 55/100 (817.55) feet, and a length of 
four hundred forty-seven and 33/100 (447.33) feet, and running thence 
westerly by said curving northerly line of South Branch Parkway 
(radius 817.55 feet), a distance of fifty and 07/100 (50.07) feet; thence 
running N. 29° 32' 43" W. along land of the city of Springfield, fifty-four 
and 27/100 (54.27) feet to land of said Edith B. Bigelow and Frances 
B. Anderson; thence N. 76° 09' 17" E. along land of said Edith B. 
Bigelow and Frances B. Anderson two hundred forty-eight and 52/100 
(248.52) feet to the northwesterly corner of land now or formerly of one 
Scott ; thence southwesterly in a straight line along the westerly line of 
said land now or formerly of one Scott and the westerly line of land 
now or formerly of one Willis and by land of the city of Springfield 
one hundred nineteen and 37/100 (119.37) feet to a point in the northerly 
line of said South Branch Parkway distant S. 86° 24' 43" E. from the 
point of beginning; thence N. 86° 24' 43" W. by said northerly line of 
South Branch Parkway one hundred forty-two and 06/100 (142.06) 
feet to the point of beginning, containing 17,600 square feet; together 
with the right to use said South Branch Parkway as a way from the 
southwesterly corner of the above described premises easterly to Plum- 
tree road. 

Section 2. This act shall take effect upon its acceptance by the 
city council of the city of Springfield, subject to the provisions of its 
charter, but not otherwise. Approved March 10, 1958. 

Chap. 157. An Act authorizing the city of lynn to sell cer- 
tain LAND IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn, by its proper authorities, may sell, 
transfer and convey Lot A and Lot B as shown on a plan entitled 
"Plan of Land for Sale by City of Lynn", dated March twenty, nineteen 
hundred and fifty-seven, signed by Frank E. Gowdy, city engineer. 

Section 2. This act shall take effect upon acceptance during the 
current year by vote of the board of park commissioners of said city 
and by vote of the city council thereof, subject to the provisions of its 
charter, but not otherwise. Approved March 10, 1958. 

Chap. 158. An Act exempting certain structures from the 
provisions of law relative to signs and other 
structures projecting into public ways. 

Be it enacted, etc., as follows: 

Chapter 85 of the General Laws is hereby amended by striking out 
section 9, as appearing in the Tercentenary Edition, and inserting in 
place thereof the following section : — Section 9. The provisions of 
section eight shall not apply to signs or other structures projecting into 



Acts, 1958. — Chaps. 159, 160, 161. 81 

or over the way a distance of less than twelve inches, nor to poles, 
wires, conduits, and appurtenances of railroad, railway, telegraph and 
telephone, water, gas, electric light, heat and power companies. 

Approved March 10, 1958. 

Chap. 159. An Act increasing the total amount of property 
which the josiah willard hayden recreation centre, 
inc. may hold. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to permit forthwith the Josiah Willard Hayden 
Recreation Centre, Inc. to acquire and hold additional real and personal 
property, therefore it is hereby declared to be an emergency law, neces- 
sary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of chapter one hundred and eighty 
of the General Laws, the Josiah Willard Hayden Recreation Centre, Inc., 
a corporation duly organized unde|r the provisions of said chapter, is 
hereby authorized to acquire by gift, grant, bequest, devise or otherwise, 
lands, tenements or other estate, real or personal, in an amount not to 
exceed seven million five hundred thousand dollars, and to hold, manage, 
and from time to time invest and re-invest the same, or the proceeds 
of any sale thereof, for the purposes set forth in its charter. 

Approved March 13, 1958. 

Chap. 160. An Act providing that managers of municipal light- 
ing IN cities and towns may employ attorneys. 

Be it enacted, etc., as follows: 

The first sentence of section 56 of chapter 164 of the General Laws, 
as appearing in the Tercentenary Edition, is hereby amended by insert- 
ing after the word "of", the second time it appears in line 7, the words: — 
attorneys and of, — so as to read as follows: — The mayor of a city, or 
the selectmen or municipal light board, if any, of a town acquiring a 
gas or electric plant shall appoint a manager of municipal lighting who 
shall, under the direction and control of the mayor, selectmen or muni- 
cipal light board, if any, and subject to this chapter, have full charge of 
the operation and management of the plant, the manufacture and dis- 
tribution of gas or electricity, the purchase of supplies, the employment 
of attorneys and of agents and servants, the method, time, price, quan- 
tity and quality of the supply, the collection of bills, and the keeping of 
accounts. Approved March 13, 1958. 

Chap. 161. An Act validating certain action taken at a special 

TOWN meeting of THE TOWN OF SOUTHAMPTON IN THE 
YEAR NINETEEN HUNDRED AND FIFTY-SEVEN. 

Be it enacted, etc., as follows: 

Section 1. The action of the town of Southampton taken at a 
special town meeting held on June eighteenth in the year nineteen hun- 
dred and fifty-seven whereby said town accepted the provisions of 



82 Acts, 1958. — Chaps. 162, 163, 164. 

chapter thirty-two B of the General Laws, and all acts done in pursu- 
ance thereof, are hereby confirmed and made valid to the same extent 
as if said chapter had been accepted bj^ said town in accordance with 
section ten of said chapter thirty-two B. 

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

Approved March I4, 1958. 

Chap. 162. An Act prohibiting the filing of a libel for divorce 

UNLESS the parties THERETO HAVE BEEN LIVING APART 
FOR AT LEAST THREE MONTHS. 

Be it enacted, etc., as follows: 

Section 1 . Chapter 208 of the General Laws is hereby amended by 
inserting after section 6A the following section: — Section 6B. No 
libel for divorce shall be filed in the superior court or probate court of 
any county unless, at the time of filing such libel, the parties thereto 
have been living apart for a period of not less than three months and 
the libellant so certifies on the libel; provided, however, that the court 
may, after a hearing ex parte, waive said requirements. 

Section 2. This act shall take effect on January first, nineteen hun- 
dred and fifty-nine, and shall apply to libels for divorce filed on or after 
said date. Approved March I4, 1958. 

Chap. 163. An Act providing in certain cases for the informal 
administration of estates of deceased persons not 
exceeding eight hundred dollars in value. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section 16 of chapter 195 of the 
General Laws, as amended by section 1 of chapter 317 of the acts of 
1956, is hereby further amended by striking out, in line 3, the word 
"five" and inserting in place thereof the word: — eight. 

Section 2. This act shall take effect ninety da.ys after its passage 
and shall apply only to the estates of persons djdng on or after said 
effective date. Approved March I4, 1958. 

Chap. 164. An Act authorizing school committees to establish 

SCHOOL safety PATROLS. 

Be it enacted, etc., as follows: 

Chapter 71 of the General Laws is hereby amended by striking out 
section 48 A, as amended by chapter 47 of the acts of 1935, and inserting 
in place thereof the following section: — Section 48 A. School com- 
mittees shall have authority to organize school safety patrols, consisting 
of pupils, whose functions shall be to encourage pupils to cross highways 
at designated crossings and when conditions are safe, to assist drivers of 
school buses in maintaining safety rules and to protect pupils who are 
boarding or alighting from such buses; and may adopt regulations 
relative to the flagging or signalling of school buses by members of said 
safety patrols. Said committees may make expenditures, from funds 
appropriated for school purposes, for the purchase of traffic belts, so 
called, to be used by the safety patrol leaders in safeguarding the 



Acts, 1958. — Chap. 165. 83 

passage of pupils to and from school. Nothing herein contained shall 
authorize a safety patrol member to direct vehicular traffic, provided, 
however, that such patrol member may use a flag or other approved 
signal to indicate to a driver that school children are crossing or are 
about to cross the street. No patrol member shall be stationed in that 
portion of the highway intended for the use of vehicular traffic, but shall 
perform his duties from the curb and sidewalk areas. 

No liability shall attach either to the school committees or any indi- 
vidual member thereof, a superintendent, teacher, patrol member, or 
parent of a patrol member, or other school authority by virtue of the 
organization, maintenance or operation of a safety patrol under author- 
ity of this section. Approved March 14, 1958. 



Chap. 165. An Act relative to law sittings of the supreme 
judicial court for bristol, dukes county and nan- 
TUCKET. 

Be it enacted, etc., as follows: 

Section 1. Chapter 211 of the General Laws is hereby amended by 
striking out section 12, as appearing in the Tercentenary Edition, and 
inserting in place thereof the following section: — Section 12. A law 
sitting of the court for the commonwealth shall be held annually at 
Boston on the first Wednesday of January and may be adjourned to 
places and times most conducive to the despatch of business and to the 
interests of the public. At such sitting, questions of law arising in 
criminal cases in any county in the commonwealth, questions of law 
arising in civil cases in the counties of Barnstable, Bristol, Dukes 
County, Essex, Middlesex, Nantucket, Norfolk, Plymouth and Suffolk, 
and, by consent of the parties filed in the case, such questions arising 
in civil cases in other counties, and such questions for which no other 
provision is made shall be entered and determined. 

Section 2. Said chapter 211 is hereby further amended by striking 
out section 1.3, as amended by chapter 416 of the acts of 1952, and in- 
serting in place thereof the following section: — Section 13. For hearing 
questions of law arising in the following counties, law sittings shall be 
held once in each year at such times as the court shall by rule deter- 
mine : — 

For Berkshire, at Pittsfield. 

For Franklin and Hampshire, alternately at Greenfield and North- 
ampton, the sitting at Northampton being in the even year. 

For Hampden, at Springfield. 

For Worcester, at Worcester. 

For Bristol, Dukes County and Nantucket, the court may from time 
to time hold a law sitting at Taunton, if conducive to the despatch of 
business and to the interest of the public. 

Provided, that when no case has been set down for oral argument at 
least two weeks before the day determined for any one of the said 
sittings, the sitting may be omitted; and if not more than three cases 
shall have been set down for oral argument, those cases may be trans- 
ferred to any other of said sittings which may be most accessible and 
convenient for the parties, or to a sitting for the commonwealth if the 
parties so agree. Approved March 14, 1958. 



84 Acts, 1958. — Chaps. 166, 167, 168. 

Chap. 166. An Act authorizing the city of newburyport to 

PAY A SUM OF money TO RAYMOND C. DAUPHINAIS DOING 
BUSINESS AS ray's TAILOR SHOP. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obhgation, the 
city of Newburyport is hereby authorized to appropriate money for the 
payment of, and after such appropriation, the treasurer of said city is 
hereby authorized to pay the sum of one thousand six hundred dollars 
to Raymond C. Dauphinais doing business as Ray's Tailor Shop for 
goods, materials and services rendered to said city by order of the school 
committee thereof, which order was issued without complying with the 
provisions 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 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 
deUvered and actually received by said city or that such services were 
rendered to said city, or both. 

Section 3. Aiy person who knowingly files a certificate required by 
section two, wliich 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 acceptance by the 
mayor and city council of said city, subject to the provisions of its 
charter, but not otherwise. Approved March 14, 1958. 

Chap. 167. An Act authorizing the city of malden to pay a 

sum of money to JOAN BRESLIN. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obligation, the 
city of Maiden is hereby authorized to appropriate or transfer from 
available funds, and to pay a sum of money, not exceeding ninety-three 
dollars, to Joan Breslin for medical expenses incurred as a result of 
injuries received by her while in the performance of her duties as a play- 
ground supervisor in said city in the year nineteen hundred and fifty- 
seven. 

Section 2. This act shall take full effect upon its acceptance by 
vote of the city council of said city, subject to the provisions of its 
charter, but not otherwise. Approved March 14, 1958. 

Chap. 168. An Act authorizing certain junior colleges to 
grant the degree of associate in engineering. 

Be it enacted, etc., as follows: 

Chapter 71 of the General Laws is hereby amended by striking out 
section 79, inserted by section 5 of chapter 620 of the acts of 1948, and 



Acts, 1958. — Chaps. 169, 170. 85 

inserting in place thereof the following section : — Section 79. Any city 
or town may use the designation "Junior College" with respect to its 
maintenance of such extended course of instruction at a particular 
school therein, and the school committee of such city or town may, 
subject to the approval of the board of collegiate authority, grant any 
one or more of the degrees of associate in arts, associate in engineering 
or associate in science to persons who complete such course of instruction. 

Approved March 14, 1958. 



Chap. 169. An Act authorizing the city of lynn to sell cer- 
tain LAND OWNED BY SAID CITY, SITUATED IN THE TOWN 
OF SAUGUS. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn, by its proper authorities, may sell, 
transfer and convey all or any part of certain land owned by said city 
and situated in the town of Saugus as shown on a plan of land entitled 
"Plan of Land in Saugus, Mass. Owned by the City of Lynn", dated 
October eighth, nineteen hundred and fifty-seven, signed by Wilham 
B. Hilton, city engineer. Said land being designated on said plan as 
Lots three, four, five, six, seven, eight, nine, ten, eleven, twelve, thir- 
teen and fourteen. 

Section 2. This act shall take effect upon acceptance during the 
current year by vote of the city council of said city, subject to the pro- 
visions of its charter, but not otherwise. Approved March 14, 1958. 



Chap. 170. An Act relative to the rebuilding of union bridge 
over north river between the towns of marshfield 
and norwell. 

Be it enacted, etc., as follows: 

Chapter 658 of the acts of 1956 is hereby amended by striking out 
section 1, as amended by section 1 of chapter 611 of the acts of 1957, 
and inserting in place thereof the following section : — Section 1 . The 
county commissioners of the county of Plymouth, subject to the pro- 
visions of chapter ninety-one of the General Laws, and of all other laws 
which may be applicable, are hereby authorized and directed within 
two years of the passage of this act to reconstruct Union bridge, so 
called, over North river, between the towns of Marshfield and Norwell. 
The bridge as reconstructed shall have suitable permanent approaches, 
and the spans at either side of the draw shall be of permanent con- 
struction. The draw shall be twenty-five feet wide in the clear, and the 
lift shall provide a vertical clearance of not less than six feet above mean 
high water and shall be of such type and construction that it may be 
operated in an expeditious manner. The whole work shall be done 
subject to the approval of the division of waterways of the department 
of public works and in accordance with the plans on file in the office of 
said division. Approved March 14, 1958. 



86 Acts, 1958. — Chaps. 171, 172, 173. 

Chap. 171. An Act authorizing the city of lynn to grant a 
right of "way to valladolid building association 
of lynn, mass. over certain park land in said city. 

Be it enacted, etc., as follows: 

Section 1. The city of Lynn, by its proper authorities, may grant 
a fifty-foot right of way to the ValladoUd Building Association of Lynn, 
Mass., to be used for all purposes for which a right of way is commonly 
used, over land of the city of Lynn, as shown on plan entitled "Plan of 
50 Ft. Easement Over Land of City of Lynn," dated November six, 
nineteen hundred and fifty-seven, signed by William B. Hilton, city 
engineer. 

Section 2. This act shall take effect upon its acceptance during the 
current year by vote of the board of park commissioners of said city, 
and by vote of the city council of said city, subject to the provisions of 
its charter, but not otherwise. Approved March I4, 1958. 



Chap. 172. An Act decreasing the number of mortuaries re- 
quired TO BE provided AND MAINTAINED IN THE COUNTY 
OF SUFFOLK. 

Be it enacted, etc., as follows: 

Chapter 252 of the acts of 1911 is hereby amended by strildng out 
section 1, as amended by section 1 of chapter 631 of the acts of 1912, 
and inserting in place thereof the following section : — Section 1 . The 
county of Suffolk shall provide and maintain at least one mortuary at a 
convenient location in the city of Boston; and the expense of providing 
and maintaining the same, including the wages or salaries of any attend- 
ants, and the cost of removal of dead bodies, shall be paid in the same 
way in which other expenses of the county are paid. 

Approved March I4, 1958. 



Chap. 173. An Act providing that a prisoner held in custody 
awaiting and during trial shall, if sentenced to 
imprisonment, be deemed to have served part of 
such sentence. 

Be it enacted, etc., as follows: 

Chapter 279 of the General Laws is hereby amended by striking out 
section 33 A, inserted by section 101 of chapter 770 of the acts of 1955, 
and inserting in place thereof the following section: — Section S3 A. 
The court on imposing a sentence of commitment to a correctional 
institution of the commonwealth shall order that the prisoner be deemed 
to have served a portion of said sentence, such portion to be the number 
of days spent by the prisoner in confinement prior to such sentence 
awaiting and during trial. Approved March I4, 1958. 



Acts, 1958. — Chaps. 174, 175, 176. 87 

Chap. 174. An Act authorizing the haverhill police relief 
association, inc. to pay a sum of money to the widow 
of hiram eldridge. 

Be it enacted, etc., as follows: 

Section 1 . Notwithstanding any other provision of law, the Haver- 
hill Police Relief Association, Inc. is hereby authorized to pay from the 
funds of said association to the widow of Hiram Eldridge, a member of 
the Haverhill police department who retired on April first, nineteen 
hundred and fifty-six, a sum of money equal to the death benefit. 

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

Approved March IS, 1968. 



Chap. 175. An Act relative to appeal to the superior court 

FROM THE decision OF A BOARD OF APPEALS UNDER THE 
ZONING ENABLING ACT. 

Be it enacted, etc., as follows: 

Section 21 of chapter 40A of the General Laws, as amended by sec- 
tion 1 of chapter 199 of the acts of 1957, is hereby further amended by 
striking out the first sentence and inserting in place thereof the following 
two sentences: — Any person aggrieved by a decision of a board of 
appeals, whether or not previously a party to the proceeding, or any 
municipal officer or board, may appeal to the superior court sitting in 
equity for the county in which the land concerned is situated; pro- 
vided, that such appeal is filed in said court within twenty days after 
such decision has been filed in the office of the city or town clerk. Notice 
of such appeal shall be given to such city or town clerk so as to be 
received within such twenty days. Approved March 15, 1968. 



Chap. 176. An Act relative to the appropriation by towns of 
money to pay proper charges for various types of 

insurance COVERAGE. 

Be it enacted, etc., as follows: 

Section 5 of chapter 40 of the General Laws is hereby amended by 
striking out clause (1), as most recently amended by chapter 385 of 
the acts of 1955, and inserting in place thereof the following clause: — 

(1) To pay a proper charge of an insurance company for acting as 
surety on the official bond of any town officer, to pay a proper charge 
for effecting insurance providing indemnity for or protection to a town 
treasurer or a town collector of taxes against his liability for the loss, 
without fault, connivance or neglect on his part, of money for which he 
is accountable to the town, or to pay a proper charge for effecting insur- 
ance providing indemnity for or protection to any officer or employee 
of the town, or volunteer driver of fire apparatus of the town whose 
service as such is approved by the selectmen or other responsible officer, 
against loss by reason of his liability to pay damages to others for bodily 
injuries, including death at any time resulting therefrom, or for damage 
to property, caused by any act of his which is \vithin the scope of his 
official duties or employment, including the operation of any motor or 



88 Acts, 1958. — Chaps. 177, 178. 

other vehicle, equipment or vessel owned or leased by the town, to an 
amount not exceeding twenty-five thousand dollars on account of injury 
to or death to one person, or not exceeding one hundred thousand dollars 
for any one accident, and not exceeding five thousand dollars on account 
of damage to property; or to pay a proper charge for effecting insurance 
providing indemnity for or protection to any of the officers or em- 
ployees of the town, or to any member of a volunteer fire company in 
a town whose service as such is approved by the board of selectmen of 
such town, named in section one hundred of chapter forty-one against 
loss by reason of any expenses or damages within the provisions of said 
section, or to pay a proper charge to prevent loss by reason of destruc- 
tion or damage of buildings or personal property by fire or other causes 
normally covered by fire insurance policies issued in the commonwealth, 
or to pay a proper charge for effecting insurance to cover the town's 
liability to pay workmen's compensation, or, if the town has elected to 
establish and maintain an insurance fund to pay workmen's compensa- 
tion under section thirteen A of this chapter, or if the town has de- 
termined otherwise to pay such workmen's compensation direct, to 
pay a proper charge for aggregate excess or single accident reinsurance 
to protect the town from extraordinary workmen's compensation losses; 
or to pay a proper charge for insurance against damage to or loss of any 
town propert}^, real or personal, by any cause whatsoever, normally 
covered by insurance pohcies issued in the commonwealth and not 
otherwise provided for herein. Approved March 17, 1968. 



Chap. 177. An Act relative to the annual statement of life 
insurance companies. 

Be it enacted, etc., as follows: 

Section 25 of chapter 175 of the General Laws is hereby amended by 
striking out the first paragraph following line 42, as appearing in the 
Tercentenary Edition, and inserting in place thereof the following 
paragraph : — 

Schedule showing all banks and trust companies in which an account 
was maintained at any time during the year covered by the statement 
with balances, if any, at Decemiber thirty-first of said year and showing 
the largest balance carried during each month of said year in each bank 
or trust company in which the largest balance during said year exceeded 
one fortieth of one per cent of admitted assets as of December thirty- 
first of said year as shown in the statement, or five hundred thousand 
dollars, whichever is smaller. Approved March 17, 1958. 

Chap. 178. An Act regulating fire sales, so called, and similar 
types of sales. 

Be it enacted, etc., as follows: 

Section 1. Section 28D of chapter 93 of the General Laws, inserted 
by chapter 165 of the acts of 1938, is hereby amended by inserting after 
the word "inclusive", in line 2, the words: — , or section twenty-eight 
F, — so as to read as follows: — Section 28D. Whoever violates any 
provision of sections twenty-eight A to twenty-eight C, inclusive, or 



Acts, 1958. — Chap. 179. 89 

section twenty-eight F, shall be punished by a fine of not more than one 
hundred dollars or by imprisonment for not more than thirty da,ys, or 
both, and each day on which a sale is conducted in violation of any 
of said provisions shall constitute a separate offence. 

Section 2. Section 28E of said chapter 93, inserted by chapter 511 
of the acts of 1950, is hereby amended by inserting after the word 
"inclusive", in line 5, the words: — , or section twenty-eight F, — so 
as to read as follows: — Section 28E. Upon complaint of any person, 
the superior court shall have jurisdiction in equity to restrain and enjoin 
any act forbidden or declared illegal by any provision of sections twenty- 
eight A to twenty-eight C, inclusive, or section twenty-eight F. 

Section 3. Said chapter 93 is hereby further amended by inserting 
after section 28E the following section : — Section 28F. No person shall 
advertise or offer for sale a stock of goods, wares or merchandise under 
designation of "fire sale", or other designation of like meaning, indi- 
cating the effect or result of fire, unless the goods, wares or merchandise 
so advertised or so offered for sale have, in fact, been salvaged from a 
fire or included in an insurance settlement as a result of fire, and unless 
such goods, wares or merchandise are segregated and identified. No 
other goods, wares or merchandise shall be included under such designa- 
tion in any form of advertising, tagging or labehng. 

Approved March 19, 1958. 



Chap. 179. An Act relative to the furnishing by banks of 

CERTAIN information CONCERNING DEPOSITS TO PUBLIC 
WELFARE OFFICIALS. 

Be it enacted, etc., as follows: 

Chapter 121 of the General Laws is hereby amended bj'' striking out 
section 41, as appearing in the Tercentenary Edition, and inserting in 
place thereof the following section: — Section 41- A treasurer of a 
savings bank, national bank, trust company, co-operative bank, benefit 
association, insurance company or safe deposit company who, upon 
written request, signed by an officer of the department or an agent 
duly appointed for the purpose by a board of public welfare or a district 
welfare committee unreasonably refuses to inform him of the amount 
deposited in the corporation or association to the credit of a person 
named in such request as a charge upon the commonwealth, city, town 
or welfare district, or as an applicant to any city, town or welfare dis- 
trict for public assistance under chapters one hundred and seventeen, 
one hundred and eighteen, one hundred and eighteen A or one hundred 
and eighteen D, or who wilfully renders false information in reply to 
such request, shall forfeit fifty dollars to the use of the commonwealth. 
Upon such request, a treasurer, as aforesaid, shall furnish the records on 
deposits and withdrawals during the past five years, concerning any 
applicant for or recipient of public assistance under chapters one hun- 
dred and seventeen, one hundred and eighteen, one hundred and eight- 
een A or one hundred and eighteen D to any officer of the department 
or an agent duly appointed for the purpose by a board of public welfare 
or a district welfare committee. Approved March 19, 1958. 



90 Acts, 1958. — Chaps. 180, 181. 

Chap. 180. An Act requiring auxiliary firemen to wear cer- 
tain MARKINGS ON THEIR CLOTHING. 

Be it enacted, etc., as follows: 

Section 11 of chapter 639 of the acts of 1950 is hereby amended by- 
striking out paragraph (a) and inserting in place thereof the following 
paragraph : — 

(a) The mayor and city council in cities and the selectmen in towns, 
or such other persons or bodies as are authorized by law to appoint 
firemen or policemen, may appoint, train and equip volunteer, unpaid 
auxiliary firemen and auxihary police and may establish and equip such 
other volunteer, unpaid public protection units as may be approved by 
said civil defense agency and may appoint and train their members. 
Coats and other like garments issued hereunder to be worn as outer 
clothing by auxiliary firemen shall bear on the back the letters C. D. 
five inches in height and helmets so issued shall be yellow. Every such 
fireman, unless wearing a coat or other hke garment and helmet issued 
as aforesaid, shall, while on duty as such, wear an arm band bearing the 
letters C. D. Chapters thirty-one, thirty-two and one hundred and 
fifty-two of the General Laws shall not apply to persons appointed 
hereunder. Approved March 19, 1958. 



Chap. 181. An Act relative to search warrants in connection 

WITH narcotic drugs AND IMPLEMENTS USED THEREWITH. 

Be it enacted, etc., as follows: 

Chapter 94 of the General Laws is hereby amended by striking out 
section 213, as appearing in section 1 of chapter 660 of the acts of 1957, 
and inserting in place thereof the following section: — Section 213. 
If a person makes a complaint under oath to a district court, or a justice 
of the peace authorized to issue warrants in criminal cases, that he has 
reason to believe that any narcotic drug, article, implement or other 
paraphernalia used in, for, or in connection with the unlawful possession 
or use of any narcotic drug, is kept or deposited by a person named 
therein in a store, shop, warehouse, building, place of residence, vehicle, 
steamboat, vessel, airplane or any place whatever, such person not being 
authorized by the narcotic drugs law to possess the same, such court or 
justice of the peace, if it appears that there is probable cause to believe 
that said complaint is true, shall issue a search warrant to a sheriff, 
deput}^ sheriff, chief of police, police officer, constable or inspector of the 
department commanding him to search such premises, and if any nar- 
cotic drugs, articles, implements or other paraphernalia used in, for, or in 
connection with the unlawful possession or use of any narcotic drug, 
are found therein to seize and securely keep the same, until final action, 
and to arrest the person in possession thereof, together with all persons 
present, and to return forthwith the warrant with his doings thereon, 
to a district court having jurisdiction in the town where said drug is 
alleged to be kept or deposited. Approved March 19, 1958. 



Acts, 1958. — Chaps. 182, 183. 91 

Chap. 182. An Act authorizing the town of weymouth to 
acquire certain cemetery property for school 
purposes. 

Be it enacted, etc., as follows: 

Section 1. The town of Weymouth is hereby authorized to acquire 
for school purposes, by gift, purchase or eminent domain, the cemetery 
consisting of a certain parcel of land located on Commercial street in 
East Weymouth, known as the Cowing property, and being shown as 
Lot 20, Block 245, on the atlas of said town of Weymouth, dated Janu- 
ary first, nineteen hundred and fifty-six; and said town is hereby further 
authorized to remove all remains interred at said cemetery and reinter 
the same in another cemetery, marking the new graves in so far as now 
marked, or to permit any descendant or relative of any person interred 
to remove the remains of such person, and reinter such remains in ac- 
cordance with applicable laws and regulations concerning burial. 

Section 2. The action of the town of Weymouth at a special town 
meeting held on November eighteenth, nineteen hundred and fifty-seven, 
shall be as valid and effective as though this act were in full force and 
effect at the time of the posting of the warrant for said town meeting. 

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

Approved March 19, 1968. 



Chap. 183. An Act making an appropriation to provide ex- 
penses for a proper representation of the common- 
wealth AT THE BRUSSELS UNIVERSAL AND INTERNATIONAL 
EXHIBITION TO BE HELD IN THE CITY OF BRUSSELS, BEL- 
GIUM. 

Be it enacted, etc., as follows: 

Section 1. To provide for the expenses in connection with the 
proper representation of the commonwealth at the Brussels Universal 
and International Exhibition, the sum set forth in section two of this 
act is hereby appropriated from the General Fund or ordinary revenue 
of the commonwealth, subject to the provisions of law regulating the 
disbursements of public funds and the approval thereof, for the fiscal 
years nineteen hundred and fifty-eight and nineteen hundred and 
fifty-nine. 

Section 2. 

0468-01 For the proper representation of the commonwenlth at the Brussels 
Universal and International Exhibition in the city of Brussels, Belgium, 
as authorized by chapter eighteen of the resolves of the current 3'ear, 
appropriation expires June thirtieth, nineteen hundred and fifty-nine. 
Notwithstanding the provisions of the last sentence of said chapter eighth 
een, the governor and council may authorize payments to be made to 
the Office of the United States Commissioner General, Brussels Universal 
and International Exhibition, 1958, upon request by the proper author- 
ity, as the commonwealth's contribution, to the travel and living ex- 
penses of the delegation mentioned in said chajiter eighteen $15,000 00 

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

Approved March 20, 1958. 



92 Acts, 1958. — Chaps. 184, 185. 

Chap. 184. An Act to provide emergency improvements to the 
power plant at the massachusetts correctional 

institution, CONCORD. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to pro^dde funds immediately for emergency im- 
provements to the power plant at the Massachusetts Correctional 
Institution, Concord, 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. Item 8255-64 of section 2 of chapter 471 of the acts of 

1954 is hereby amended by striking out the wording and inserting in 
place thereof the following: — For certain building alterations, including 
the construction of a pedestrian trap, and the cost of furnishings and 
equipment, and for improvements to the power plant. 

Section 2. Item 8356-43 of section 2 of chapter 738 of the acts of 

1955 is hereby amended by striking out the wording and inserting in 
place thereof the following: — For improvements to the power plant 
at the Massachusetts Correctional Institution, Concord, to be in addi- 
tion to the amount appropriated in item 8255-64 of section two of 
chapter four hundred and seventy-one of the acts of nineteen hundred 
and fifty-four. 

Section 3. To provide for supplementing certain sums pre\dously 
authorized for emergency power plant improvements at the Massa- 
chusetts Correctional Institution, Concord, transfers are hereby au- 
thorized as designated in the following items: — 

8356-01 1 The une.xpendcd balance remaining in item 8356-01 of section two of 

8356-43 J chapter seven hundred and thirty-eight of the acts of nineteen hundred 

and fifty-five, on the effective date of this act, is hereby transferred and 

made available for the purposes of item 8356-43 of said section two of 

chapter seven hundred and thirty-eight as amended by this act. 

8356-02 \ The unexpended balance remaining in item 8356-02 of section two of 

8356-43 / chapter seven hundred and thirty-eight of the acts of nineteen hundred 

and fifty-five, on the effective date of this act, is hereby transferred and 

made available for the purposes of item 8356-43 of said section two of 

chapter seven hundred and thirty-eight as amended by this act. 

Approved March 24, 1968. 



Chap. 185. An Act to further define the membership, powers 
and duties of the historic districts commission in 
the town of lexington. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section 4 of chapter 447 of the 
acts of 1956 is hereby amended by striking out the third sentence and 
inserting in place thereof the following three sentences : — The selectmen 
also shall appoint for terms of five years from January first following the 
year of such appointments four associate members of the commission 
selected from candidates nominated by the aforesaid organizations and 
trustees, each such organization and trustees to nominate two each 
when two or more associate members are to be appointed and to nom- 
inate one each when only one associate member is to be appointed. In 



Acts, 1958. — Chap. 186. 93 

case of the absence, 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. In case of a vacancy 
on said commission the chairman may designate an associate member 
to serve as a member of the commission until said vacancy is filled as 
provided in this section. 

Section 2. Section 6 of said chapter 447 is hereby amended by add- 
ing at the end the following paragraph : — 

(c) The exterior color of anj^ building or structure within the historic 
districts may be changed to white without the filing of an application 
for, or the issuance of, a certificate of appropriateness. 

Section 3. The second paragraph of section 8 of said chapter 447 
is hereby amended by striking out the last sentence and inserting in 
place thereof the following sentence : — The commission also shall hold 
a public hearing on all other applications required to be filed with it 
under this act, except that the commission may approve an application 
for a change in exterior color features without holding a hearing if it 
determines that the color change proposed is appropriate. 

Section 4. The third paragraph of section 9 of said chapter 447 
is hereby amended by striking out, in lines 10 to 13, the words "The 
commission shall not make any recommendations or requirements 
except for the purpose of preventing developments obviously incongru- 
ous to the purposes set forth in this act." 

Section 5. Said section 9 of said chapter 447 is hereby further 
amended by inserting after said third paragraph the following para- 
graph : — 

In appro^-ing an application the commission may impose conditions 
which, if the certificate of appropriateness is acted upon, shall be binding 
upon the applicant, the owner of the property and his successors in title. 

Section 6. Said section 9 of said chapter 447 is hereby further 
amended by striking out paragraph (c) and inserting in place thereof the 
following paragraph : — 

(c) In the case of disapproval of an application for a certificate of 
appropriateness or a permit for demolition or removal, the commission 
shall cause a notice of its determination, dated and signed by its chair- 
man or chairman pro tempore, to be issued to the applicant, setting 
forth therein the reasons for its determination, and, as to applications 
for a certificate of appropriateness, the commission may make recom- 
mendations to the applicant with respect to appropriateness of design, 
arrangement, texture, material, color, and similar factors. The com- 
mission shall not make any recommendations except for the purpose of 
preventing developments obviously incongruous to the purposes set 
forth in this act. 

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

Approved March 24, 1958. 

Chap. 186. An Act changing the boundary lines of the mNo's 

island water district in the town of SALISBURY. 

Be it enacted, etc., as follows: 

Section 1. Chapter 298 of the acts of 1936 is hereby amended by 
striking out section 1 and inserting in place thereof the following sec- 
tion: — Section 1. The inhabitants of the to^vn of Salisbury, liable to 



94 Acts, 1958. — Chap. 187. 

taxation in said town and residing within the territory comprised within 
the following boundary lines, to wit: Beginning at a point in the center 
hne of Massachusetts Highway Route No. 17, knowTi locally as Bridge 
road, three hundred feet south of the junction of said Route No. 17 
and Pleasant street, thence running in a southwesterly direction twenty- 
two hundred feet more or less to the center line of the location of the 
eastern division of the Boston and Maine Railroad; thence running 
southerl}^ along the center line of said location to its intersection -v^dth 
the center line of the channel of Town creek, so called; thence following 
the channel of Town creek in a southwesterly direction to the boundary 
line between the town of Salisbury and the city of Newburyport; 
thence by said boundary to a point opposite the mouth of Mill creek; 
thence northerly to the mouth of Mill creek; thence in a northwesterly 
direction by the thread of Mill creek to and across Ferry road to a 
point; thence northerly by a line 500 feet easterly of and parallel to the 
center line of Massachusetts Highway Route No. 17, known locally as 
Bridge road, to a point; thence westerly at right angles to the center 
line of Bridge road to the point of beginning, — shall constitute a water 
district, and are hereby made a body corporate by the name of the 
Ring's Island Water District of Salisbury, hereinafter called the district, 
for the purpose of supplying themselves with water for the extinguish- 
ment of fires and for domestic and other purposes, with power to estab- 
lish fountains and hydrants and to relocate and discontinue the same, 
to regulate the use of such water and to fix and collect rates to be paid 
therefor, to assess and raise taxes as provided herein for the payment of 
such services, and to defray the necessary expenses of carrying on the 
business of said district, but subject to all general laws now or hereafter 
in force relating to such districts, except as otherwise provided herein. 
Said district shall have power to prosecute and defend all actions 
relating to its property and affairs. 

Section 2. This act shall take effect upon its acceptance by a 
majority of the voters of said district voting thereon at a district meet- 
ing, but not otherwise. Approved March 24, 1958. 

Chap. 187. An Act authorizing the city of everett to use 
certain park land for public building purposes. 

Be it eiiacted, etc., as follows: 

Section 1. Notwithstanding any provisions to the contrary con- 
tained in section four of chapter three hundred and ninety-five of the 
acts of eighteen hundred and ninety-four and in a deed from the Wood- 
lawm Cemetery to the city of Everett dated June twelfth, eighteen 
hundred and ninety-four and recorded in Middlesex South Di-strict 
Registry of Deeds, Book 2283, Page 69, the city of Everett is hereby 
authorized to use for the erection, maintenance and operation of public 
buildings thereon as it may determine, certain land now^ held by it for 
public park purposes w^hich land was conveyed to said city by said deed 
from the Woodlawn Cemetery; provided, however, that the Woodlawn 
Cemetery gives a release of any and all conditions contained in said 
deed to the city of Everett. 

Section 2. This act shall take effect upon its acceptance by the 
city council of said city, subject to the provisions of its charter, but not 
otherwise. Approved March 24, 1958. 



Acts, 1958. — Chaps. 188, 189, 190. 95 

Chap. 188. An Act further defining group life insurance so 

AS TO include certain GUARANTORS AS BENEFICIARIES. 

Be it enacted, etc., as follows: 

Clause (c) of section 133 of chapter 175 of the General Laws, as 
amended by section 2 of chapter 400 of the acts of 1957, is hereby- 
further amended by inserting after the word "price", in line 5, the 
words : — , or of a guarantor or conditional guarantor of the obligation, — 
so as to read as follows: — ; or (c) a group of persons who at any time 
are debtors of a bank, association, financial or other institution, includ- 
ing its subsidiary or affiliated institutions, if any, for a loan, or of the 
vendor of any property for its purchase price, or of a guarantor or con- 
ditional guarantor of the obligation, under an agreement to pay any 
such indebtedness, or any balance thereof, in instalments over a period 
of not more than ten j^ears, written under a policy issued, with or without 
medical examination, and made payable to such creditor or the assignee 
of the indebtedness, and insuring the life of each debtor for an amount 
not exceeding his individual indebtedness and not exceeding ten thou- 
sand dollars; provided, tliat not less than one hundred persons shall 
become insured under such a group policy each year after its date of 
issue; and provided, further, that no such debtor shall be included in 
such a group for a period of more than ten years on account of a debt 
arising out of said loan or an obligation for the said purchase price. 

Approved March 24, 1958. 

Chap. 189. An Act establishing the punishment for a second 
OR subsequent offence of indecent assault and 

BATTERY ON A CHILD UNDER THE AGE OF FOURTEEN. 

Be it enacted, etc., as follows: 

Section 13B of chapter 265 of the General Laws, inserted by chapter 
299 of the acts of 1953, is hereby amended by inserting after the word 
"dollars", in line 5, the words: — ; and whoever commits a second or 
subsequent such offence shall be punished by imprisonment in the state 
prison for life or for any term of years, — so as to read as follows : — 
Section 13B. Whoever commits an indecent assault and battery on a 
child under the age of fourteen shall be punished by imprisonment in 
the state prison for not more than five years, or in jail for not more than 
two and one half years, or by a fine of not more than five hundred dollars; 
and whoever commits a second or subsequent such offence shall be 
punished by imprisonment in the state prison for life or for any term of 
years. Approved March 24, 1958. 

Chap. 190. An Act providing that certain motor buses may be 

OPERATED on THE WAYS OF THE COMMONWEALTH WITH- 
OUT A SPECIAL PERMIT. 

Be it enacted, etc., as follows: 

Section 1. Chapter 90 of the General Laws is hereby amended by 
striking out section 19B, as most recently amended by section 1 of 
chapter 258 of the acts of 1957, and inserting in place thereof the follow- 
ing section : — Section 19B. Notwithstanding the provisions of section 
nineteen or any other general or special law, a motor bus which has an 



96 Acts, 1958. — Chaps. 191, 192. 

extreme over-all length in excess of thirty-five feet, but not in excess of 
forty feet, may be operated upon the ways of the commonwealth as 
designated by the department of public utilities; provided, that the 
width of any such motor bus shall not exceed the limits provided by 
section nineteen and the weight on any axle shall not exceed the limits 
provided by section nineteen A. 

Section 2. Nothing contained in section nineteen B of chapter 
ninety of the General Laws shall affect or limit the authority granted 
the Metropolitan Transit Authority by chapter three hundred and ten 
of the acts of nineteen hundred and fifty-one, as amended by chapter 
one hundred and sixty-five of the acts of nineteen hundred and fifty-five. 

Approved March ^, 1958. 

Chap. 191. An Act relative to the method of filling a vacancy 
in the school committee of the city of chelsea. 

Be it enacted, etc., as follows: 

Section 1. Part II of chapter 680 of the acts of 1911 is hereby 
amended by striking out section .31, as amended by section 1 of chapter 
196 of the acts of 1957, and inserting in place thereof the following 
section : — Section 31 . If at any time a vacancy occurs in the school 
committee from any cause, the remaining members shall choose which- 
ever of the defeated candidates for the office of school committee re- 
ceived the highest number of votes at the biennial municipal election 
held next prior thereto at which, in accordance with the provisions of 
section two of chapter fifty-four of the acts of nineteen hundred and 
forty-seven, four members of the school committee were to be elected 
for four year terms, who is ehgible and wilhng to serve, or, if there is no 
such defeated candidate eligible and wilhng to serve, a registered voter 
of the city duly qualified to vote for the office of school committee mem- 
ber. Such person or persons shall serve until the end of the municipal 
year in which the order for the next biennial municipal election shall be 
issued; and at such election, a further vacancy, if any, shall be filled 
for the unexpired term, in the same manner in which the member whose 
office is vacant was elected. 

Section 2. This act shall be submitted to the voters of the city of 
Chelsea at the next regular biennial municipal election 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-eight, entitled 'An Act 
relative to the method of filling a vacancy in the school committee of 
the city of Chelsea', 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 on January first, nineteen hundred and sixty, but not other- 
wise. Approved March 24, 1958. 

Chap. 192. An Act relative to the remuneration of certain 
civil engineers employed by the city of boston. 

Be it enacted, etc., as follows: 

I Section 1 of chapter 245 of the acts of 1951 is hereby amended by 
striking out, in fine 3, the words ", except the city of Boston". 

Approved March 24, 1958. 



Acts, 1958. — Chaps. 193, 194, 195. 97 

Chap. 193. An Act extending the time during which the town 
OF somerset may borrow to construct and operate 

A SYSTEM OR SYSTEMS OF SEWERAGE AND SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 

Section 1. Section 8 of chapter 17 of the acts of 1953 is hereby 
amended by striking out, in line 3, the word "five" and inserting in 
place thereof the word: — ten, — so as to read as follows: — Section 8. 
For the purpose of paying the necessary expenses and liabiUties incurred 
under this act, the town may from time to time, within ten years after 
the passage of this act, borrow such sums as may be necessary, not 
exceeding, in the aggregate, two milHon, five hundred thousand dollars, 
and may issue bonds or notes therefor, which shall bear on their face the 
words, Somerset Sewerage Loan, Act of 1953. Each authorized issue 
shall constitute a separate loan and such loans shall be payable in not 
more than thirty years from their dates. Indebtedness incurred under 
this act shall be in excess of the statutory limit, but shall, except as 
provided herein, be subject to chapter forty-four of the General Laws. 

Section 2. This act shall take effect as of the effective date of 
chapter seventeen of the acts of nineteen hundred and fifty-three. 

Approved March 24, 1968. 

Chap. 194. An Act prohibiting certain election officers en- 
gaged in the counting of ballots FROM HOLDING ANY 
MARKING DEVICE. 

Be it enacted, etc., as follows: 

Chapter 54 of the General Laws is hereby amended by striking out 
section 80, as appearing in the Tercentenary Edition, and inserting in 
place thereof the following section: — Section 80. Except as author- 
ized by this chapter, no voter, election officer or other person shall place 
on a ballot any mark by which it may be identified; nor shall any per- 
son place a mark against any name upon a ballot not cast by himself; 
nor shall any election officer engaged in counting ballots, except the 
election oflacer or officers actually entering the count of ballots cast on 
tally sheets, hold in either hand during the counting of ballots a pen, 
pencil or other marking device. Approved March 24, 1958. 

Chap. 195. An Act authorizing cities and towns to provide 
temporary resurfacing of certain private ways 
open to public use upon payment of one half the 
cost by certain abutting owners, 

Be it enacted, etc., as follows: 

Chapter 40 of the General Laws is hereby amended by inserting after 
section 6F, inserted by section 1 of chapter 386 of the acts of 1953, the 
following section: — Section 6G. A city which accepts this section by 
vote of its city council subject to the provisions of its charter or a town 
which accepts the same at an annual town meeting may make tempo- 
rary repairs on private ways which have been open to public use for six 
years or more, and in such cases section twenty-five of chapter eighty- 
four shall not apply. Such temporary repairs shall include only the 



98 Acts, 1958. — Chap. 196. 

filling of holes in the subsurface of such ways and repairs to the surface 
materials thereof; and materials for such repairs shall, where practical, 
be the same as, or similar to, those used for the existing surfaces of such 
ways, but may include the oiling or tarring of said ways and the covering 
of such oil or tar with sand or gravel. 

Such repairs shall not be undertaken until the city council in cities 
or an annual town meeting in towns shall declare that they are required 
by public necessity and convenience. Said temporary repairs shall not 
be undertaken unless and until the mayor and city council or the 
selectmen have in their possession agreements executed by all abutting 
owners to release and save the city or town harmless on account of any 
damage whatever caused by such repairs. Such agreements to release 
and save harmless being recorded in the registry of deeds for the district 
where the land is situated shall be deemed to be covenants running with 
the land and shall be binding upon all subsequent owners thereof. 

A city acting through its city council and a town acting through its 
selectmen is hereby authorized to assess betterments upon the owners 
of estates which derive particular benefit or advantage from the making 
of such repairs on any such private way a sum equal, in the aggregate, 
to one half of the cost thereof and, in the case of each such estate, in 
proportion to the frontage thereof on such way. 

Except as herein otherwise provided, the provisions of chapter eighty 
relating to public improvements and assessments therefor shall apply 
to temporary repairs to private ways ordered to be made under authority 
of this section; provided, that no assessment amounting to less than 
twenty-five dollars shall be apportioned and the number of equal por- 
tions into which any assessment may be apportioned shall not exceed 
five. 

The provisions of sections six E and six F shall not apply in nor be 
accepted by any city or town which accepts this section. 

Approved March 25, 1958. 



Chap. 196. An Act relative to representative town govern- 
ment IN THE TOWN OF WELLESLEY. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 202 of the acts of 1932, as amended 
by section 1 of chapter 226 of the acts of 1936, is hereby further amended 
by inserting after the word "be", in hne 14, the words: — but not more 
than two hundred and forty, — so that the first sentence will read as 
follows: — The registered voters of each precinct in said town shall, at 
the next ensuing annual town election held after the acceptance of this 
act, and the registered voters of any precinct affected by any revision of 
precincts shall at the first annual town election following such revision, 
and conformably to the laws relative to elections not inconsistent with 
this act, elect by ballot from residents of the precinct town meeting 
members, to the largest number which is divisible by three and which 
will make the representation of such precinct in the approximate propor- 
tion which the number of registered voters therein bears to the total 
number of registered voters in the town, and which will cause the total 
elected membership to be as nearly two hundred and forty as may be 
but not more than two hundred and forty. 



Acts, 1958. — Chap. 196. 99 

Section 2. Said chapter 202 is hereby further amended by striking 
out section 5, as amended by section 2 of chapter 48 of the acts of 1938, 
and inserting in place thereof the following section : — Section 5. Nom- 
ination of candidates for town meeting members to be elected under this 
act shall be made by nomination papers, which shall bear no political 
designation, shall be signed by not less than ten voters of the precinct 
in which the candidate resides, and shall be filed with the board of regis- 
trars at least thirty-five days before the election and with the town clerk 
at least twenty-eight days before the election; provided, that any town 
meeting member may become a candidate for re-election by giving 
written notice thereof to the town clerk at least forty-two days before 
the election. No nomination papers shall be valid in respect to any 
candidate whose written acceptance is not thereon or attached thereto 
when filed. 

Section 3. Said chapter 202 is hereby further amended by striking 
out section 8 and inserting in place thereof the two following sections: — 
Section 8. In the event of any vacancy in the full number of town 
meeting members of any precinct arising from the failure of registered 
voters thereof to elect, it shall be filled, until the next annual election, 
by the remaining town meeting members of the precinct from the regis- 
tered voters thereof. In that event the town clerk shall promptly call a 
special meeting of the town meeting members of the precinct in which 
the vacancy or vacancies exist for the purpose of filling the vacancy or 
vacancies. He shall cause to be mailed to every such member, not less 
than five days before the time set for the meeting, a notice specifying 
the object, time and place of the meeting. At the said meeting a majority 
of the members from such precinct shall constitute a quorum. The 
choice to fill the vacancy or vacancies shall be by ballot, and a majority 
of the votes cast shall be required for a choice. The town clerk shall 
preside at said meeting, count the ballots, make a certificate of the choice 
for his records and notify the person so chosen; and, upon receipt by 
the town clerk of a Avritten acceptance by the person so chosen, that 
person shall be deemed elected and qualified as a town meeting member, 
subject to the right of all town meeting members to judge of the election 
and qualifications of the members as set forth in section four. 

Section 8 A. In the event of any vacancy in the full number of town 
meeting members of any precinct from any cause other than the failure 
of the registered voters thereof to elect, said vacancy shall be filled, 
until the next annual election, by the town clerk, if there are available 
one or more candidates for the office of town meeting member of said 
precinct at the preceding annual town election who failed of election, 
by choosing the person who received the highest number of votes as 
such a defeated candidate in said precinct, notifying such person of his 
election as a town meeting member and securing his written acceptance 
thereof. If for any reason the person so chosen cannot accept the office, 
the town clerk shall in like manner choose and notify the defeated can- 
didate in said precinct receiving the next highest number of votes and so 
on until all vacancies are filled. In the event of a tie vote of those who 
received the highest votes as such defeated candidates, or in the event 
there is no such defeated candidate who can accept the office, the town 
clerk shall call a special meeting of the toAvn meeting members of the 
precinct in which the vacancy or vacancies exist for the purpose of filling 
the vacancy or vacancies, until the next annual town election, from 



100 Acts, 1958. — Chaps. 197, 198. 

among those having the tie votes or, if no tie is involved, from among the 
registered voters of the precinct. He shall cause to be mailed to every 
such member, not less than five days before the time set for the meeting, 
a notice specifying the object, time and place of the meeting. The 
procedures to be followed at said special meeting shall be the same as 
those prescribed for the special meeting provided for in section eight. 
Section 4. This act shall take effect upon its passage. 

Approved March 25, 1968. 

Chap. 197. An Act validating certain zoning by-laws of the 
town of southbridge. 

Be it enacted, etc., as follows: 

Section 1. The zoning by-laws of the town of Southbridge, adopted 
during the years nineteen hundred and forty-five to nineteen hundred 
and fifty-five, inclusive, are hereby confirmed and made vahd, notwith- 
standing the failure to comply with the provisions of section thirty- two 
of chapter forty or section nine of chapter forty A of the General Laws 
or with any other provision of law. 

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

Approved March 25, 1958. 

Chap. 198. An Act further defining "land assembly and re- 
development project". 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is, in part, to provide for the immediate substitution of 
a new definition of "Land assembly and redevelopment project", 
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 26 J of chapter 121 of the General Laws is hereby amended by 
striking out the definition of "Land assembly and redevelopment 
project", as amended by section 1.3 of chapter 647 of the acts of 1953, 
and inserting in place thereof the following definition : — 

"Land assembly and redevelopment project", a project for (1) acqui- 
sition and assembly by a housing authority of the land (and buildings, 
structures and other improvements thereon, if any) within a decadent, 
sub-standard or blighted open area covered by a land assembly and 
redevelopment plan; (2) clearance, by the housing authority, of the 
land so acquired; (3) installation, construction or reconstruction of 
public and private ways, public utilities and services, and site improve- 
ments essential to the preparation of sites for uses in accordance with 
the land assembly and redevelopment plan; and (4) making the land 
available for redevelopment by private enterprise or public agencies 
(including sale, initial leasing or retention by the housing authority 
itself) for, in the case of sub-standard or decadent areas residential, 
recreational, commercial, industrial, public or other uses, and in the 
case of blighted open areas for residential, recreational, commercial or 
industrial uses in accordance with the land assembly and redevelopment 
plan. "Land assembly and redevelopment project" shall not include 



Acts, 1958 — Chaps. 199, 200. 101 

the construction by the housing authority of any of the buildings, for 
residential or other use, contemplated by the land assembly and re- 
development plan. 

The term "redevelopment" shall include development. 

Approved March 25, 1958. 



Chap. 199. An Act providing that cities and towns may appro- 
priate MONEY for the PURPOSE OF AIDING REDEVELOP- 
MENT AUTHORITIES. 

Be it enacted, etc., as follows: 

Section 26QQ of chapter 121 of the General Laws, as amended by 
section 1 of chapter 150 of the acts of 1957, is hereby further amended 
by inserting after the second paragraph the following paragraph: — 

For the purpose of defraying the initial costs and annual administra- 
tive expenses of a redevelopment authority authorized to be organized 
therein, including the expense of preparing plans, making surveys, and 
the like, in connection with one or more proposed projects, a city or 
town with a valuation of less than five million dollars may annually 
appropriate not more than five thousand dollars; a city or town with a 
valuation of five million dollars but less than twenty million dollars 
may annually appropriate not more than seven thousand five hundred 
dollars; a city or town with a valuation of twenty million dollars but 
less than seventy-five million dollars may annually appropriate not 
more than ten thousand dollars; a city or town with a valuation of 
seventy-five million dollars but not more than one hundred and fifty 
million dollars may annually appropriate not more than twelve thou- 
sand five hundred dollars; and a city or town with a valuation of more 
than one hundred and fifty million dollars may annually appropriate 
not more than thirty thousand dollars. A city or town in which a re- 
development authority has been organized may also from time to time 
appropriate or agree to appropriate further sums of money for the 
purpose of aiding such redevelopment authority in the preparation of 
estimates, plans, orders of taking and contract documents in connection 
with proposed or approved land assembly and redevelopment projects 
and proposed or approved urban renewal projects. All moneys appro- 
priated by a city or town under the preceding sentence shall be repaid 
by the redevelopment authority to such city or town if said authority 
subsequently receives other moneys available for the purpose for which 
such moneys are appropriated, but otherwise such moneys need not be 
repaid. Approved March 26, 1958. 



Chap. 200. An Act making a corrective change in the law 
relative to proceedings involving neglected 
children. 

Be it enacted, etc., as follows: 

Chapter 273 of the General Laws is hereby amended by striking out 
section 2, as most recently amended by section 31 of chapter 319 of the 
acts of 1953, and inserting in place thereof the following section: — 
Section 2. Proceedings under section one shall be begun, if in the 



102 Acts, 1958. — Chaps. 201, 202. 

superior court, in the county in which is situated the place where the 
husband and wife last lived together or where the husband or wife or 
parent of the child is living, and, if begun in a district court, in the court 
having such place within its judicial district; provided, that such a 
proceeding for an offence committed within the territorial limits pre- 
scribed for the criminal jurisdiction of the municipal court of the city 
of Boston, if founded upon the same allegations as a proceeding under 
sections twenty-four to twenty-seven, inclusive, of chapter one hundred 
and nineteen, may be brought, heard and disposed of in the Boston 
juvenile court. Such a proceeding for an offence committed within the 
territorial limits prescribed for the criminal jurisdiction of any court 
other than the municipal court of the city of Boston, if founded upon 
the sam.e allegations as a proceeding under said sections twenty-four 
to twenty-seven, inclusive, of said chapter one hundred and nineteen, 
may be heard and disposed of in the juvenile session of the court. Any 
parent placed on probation in such a proceeding in the Boston juvenile 
court shall at the request of the justice thereof be supervised by the 
probation officers of the municipal court of the city of Boston. 

Approved March 25, 1968. 



Chap. 201. An Act to clarify the subdivision control law 
relative to the designation of an associate member 
of the board of appeals to act in the absence of a 
member or until a vacancy is filled. 

Be it enacted, etc., as follows: 

The last paragraph of section 81Z of chapter 41 of the General Laws, 
as appearing in section 7 of chapter 674 of the acts of 1953, is hereby 
amended by striking out the last sentence and inserting in place thereof 
the following sentence : — Ordinances or by-laws adopted hereunder 
may provide for the appointment in like manner of associate members 
of the board of appeals; and the chairman of the board may designate 
any such associate member to sit on the board in case of the absence, 
inability to act or interest on the part of a member thereof, or in the 
event of a vacancy on said board may designate any such associate 
member to sit as a member of the board until said vacancy is filled in 
the manner provided in this section. Approved March 25, 1958. 



Chap. 202. An Act to clarify the zoning enabling act relative 
to the designation of an associate member of the 
board of appeals to act in the absence of a member 
or until a vacancy is filled. 

Be it enacted, etc., as follows: 

Section 14 of chapter 40 A of the General Laws is hereby amended by 
striking out the last sentence, as amended by section 1 of chapter 551 
of the acts of 1954, and inserting in place thereof the following sen- 
tence: — Such ordinances or by-laws may provide for the appointment 
in like manner of associate members of the board of appeals; and if 
provision for associate members has been made the chairman of the 
board may designate any such associate member to sit on the board in 



Acts, 1958. — Chaps. 203, 204. 103 

case of the absence, inability to act or interest on the part of a member 
thereof, or in the event of a vacancy on said board may designate any 
such associate member to sit as a member of the board until said vacancy 
is filled in the manner provided in this section. 

Approved March 25, 1958. 



Chap. 203. An Act authorizing the city of newburyport to 
pay t. francis kelleher a fee for his services as 
attorney for certain city employees. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obligation, the 
city of Newburyport is hereby authorized to appropriate and pay a fee 
in an amount not exceeding five hundred dollars to T. Francis Kelleher 
for his services as attorney for the defendants in an action brought by 
Charles K. Morrill against Frank Hamel and Edward Butler, constables 
employed by said city, on account of the performance of their official 
duties as such constables. 

Section 2. This act shall take effect upon its acceptance by the 
mayor and the city council of said city, subject to the provisions of its 
charter, but not otherwise. Approved March 26, 1958. 



Chap. 204. An Act to provide for the distribution of the 

ASSETS OF certain CORPORATIONS UPON PETITION TO 
the supreme JUDICIAL OR SUPERIOR COURT. 

Be it enacted, etc., as follows: 

Chapter 155 of the General Laws is hereby amended by inserting 
after section 51, as appearing in the Tercentenary Edition, the following 
section: — Section 51 A. At any time within the period of three years 
or the extension of such period by reason of the pendency of any suit, 
as provided in section fifty-one, such corporation may petition the 
supreme judicial or superior court for leave to distribute the whole or 
part of its assets to the stockholders entitled thereto, and, after notice 
by certified or registered mail to the commissioner of corporations and 
taxation and to all known creditors and by publication once a week for 
three successive weeks in a newspaper of general circulation published in 
the city or town in which the principal office of the corporation is located, 
or in the county if no such newspaper is published in said city or town, 
the court may, after hearing, upon a finding that the interests of cred- 
itors, if any, and those of the commonwealth, if any, are reasonably 
protected, enter a decree permitting such distribution ; and the directors 
shall not be subject to the liability set forth in section thirty-seven of 
chapter one hundred and fifty-six, on account of their declaration or 
assent to a dividend, including one or more liquidating dividends, to 
the stockholders entitled thereto, in accordance with said decree. 

Approved March 25, 1958. 



104 Acts, 1958. — Chaps. 205, 206. 

Chap. 205. An Act providing that certain provisions of law 
relative to the retirement of certain veterans 
shall apply to the officers, employees and members 
of the salem and beverly water supply board. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section sixty of 
chapter thirty-two of the General Laws, sections fifty-six to fifty-nine, 
inclusive, of said chapter thirty-two shall be applicable to the officers, 
employees and members of the Salem and Beverly Water Supply 
Board; provided, that no veteran whose employment first began after 
June thirtieth, nineteen hundred and thirty-nine, shall be subject to the 
provisions of said sections fifty-six to fifty-nine, inclusive. 

Section 2. This act shall take effect upon its acceptance on or 
before December thirty-first, nineteen hundred and fifty-eight by a vote 
of the Salem and Beverly Water Supply Board. 

Approved March 26, 1958. 

Chap. 206. An Act relative to the submission of a preliminary 
plan under the subdivision control laws. 

Be it enacted, etc., as follows: 

Section 1. Section 81L of chapter 41 of the General Laws is hereby 
amended by inserting after the paragraph defining "Planning board", 
as appearing in section 7 of chapter 674 of the acts of 1953, the following 
paragraph : — 

"Preliminary plan" shall mean a plan of a proposed subdivision or 
resubdivision of land drawn on tracing paper, or a print thereof, showing 
(a) the subdivision name, boundaries, north point, date, scale, legend 
and title "Preliminary Plan"; (6) the names of the record owner and 
the applicant and the name of the designer, engineer or surveyor; (c) 
the names of all abutters, as determined from the most recent local tax 
list ; {d) the existing and proposed lines of streets, ways, easements and 
any public areas Mithin the subdivision in a general manner; (e) the 
proposed system of drainage, including adjacent existing natural water- 
ways, in a general manner; (/) the approximate boundary lines of pro- 
posed lots, with approximate areas and dimensions; {g) the names, 
approximate location and widths of adjacent streets; (K) and the topog- 
raphy of the land in a general manner. 

Section 2. Said chapter 41 is hereby further amended by striking 
out section 81S, as amended by section 2 of chapter 138 of the acts of 
1957, and inserting in place thereof the following section: — Section 81 S. 
Any person, before submitting his definitive plan for approval, may 
submit to the planning board and to the board of health a preliminary 
plan, and shall give written notice to the clerk of such city or town by 
delivery or by registered mail, postage prepaid, that he has submitted 
such a plan. Each board shall tentatively approve such preliminary 
plan with or without modifications suggested by it or agreed upon by the 
person submitting the plan or shall disapprove such preliminary plan, 
and, in the case of disapproval, shall state its reasons therefor. Except 
as is otherwise expressly provided, the pro\dsions of the subdivision 
control law relating to a plan shall not be applicable to a preliminary 
plan, and no register of deeds shall record a preliminary plan. 



Acts, 1958. — Chaps. 207, 208. 105 

Section 3. Section 81Q of said chapter 41, as most recently amended 
by chapter 139 of the acts of 1957, is hereby further amended by adding 
at the end the following sentence : — When a preliminary plan referred 
to in section eighty-one S has been submitted to a planning board, and 
written notice of the submission of such plan has been given to the city 
or town clerk, such preliminary plan and the definitive plan evolved 
therefrom shall be governed by the rules and regulations relative to 
subdivision control in effect at the time of the submission of the pre- 
liminary plan, provided that the definitive plan is duly submitted within 
seven months from the date on which the preliminary plan was sub- 
mitted. Approved March 25, 1958. 

Chap. 207. An Act further regulating the recording of plans 
under the subdivision control law, 

Be it enacted, etc., as follows: 

Section 8 IX of chapter 41 of the General Laws, as appearing in sec- 
tion 7 of chapter 674 of the acts of 1953, is hereby amended by inserting 
after the word "board", in line 7, the words: — , and a certificate by 
the clerk of such city or town, is endorsed on the plan, or is separately 
recorded and referred to on said plan, that no notice of appeal was re- 
ceived during the twenty days next after receipt and recording of notice 
from the planning board of the approval of the plan,. 

Approved March 25, 1958. 

Chap. 208. An Act further regulating the granting of licenses 

TO CONDUCT horse OR DOG RACING MEETINGS AT STATE 
OR COUNTY FAIRS. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 128A of the General Laws, as 
appearing in section 3 of chapter 374 of the acts of 1934, is hereby 
amended by adding at the end the following definition : — 

"State or county fair" shall mean any fair or exhibition for the en- 
couragement or extension of agriculture. 

Section 2. Section 3 of said chapter 128A is hereby amended by 
striking out the first paragraph, as most recently amended by chapter 
269 of the acts of 1943, and inserting in place thereof the following 
paragraph : — 

If any application for a license, filed as provided by section two, shall 
be in accordance with the provisions of this chapter, the commission, 
after reasonable notice and a public hearing in the city or town wherein 
the license is to be exercised, may issue a license to the applicant to 
conduct a racing meeting, in accordance with the proiisions of this 
chapter, at the race track specified in such application; provided, that 
if the commission has already taken action on an application for any 
calendar year, after such notice and public hearing, no other public 
hearing need be granted on any other application from the same appli- 
cant relating to the same premises filed prior to the expiration of said 
year; and provided, further, that on an application for a license to 
conduct a horse or dog racing meeting in connection with a state or 
county fair by an applicant which has not operated a horse or dog racing 



106 Acts, 1958. — Chaps. 209, 210. 

meeting under the pro\dsions of this chapter prior to July first, nineteen 
hundred and fifty-eight, the apphcant shall show (1) that the state or 
county fair at which such racing meeting is to be held has operated for 
a period of at least five consecutive years ; (2) that said fair has received 
financial assistance from the agricultural purpose fund for the same 
period of time; and (3) a certificate from the commissioner of agricul- 
ture that said fair is properly qualified and approved by him; and 
provided, further, that no hearing need be held on any application for a 
license to conduct a horse or dog racing meeting in connection with a 
state or county fair, unless a request signed by at least one per cent of 
the registered voters of the city or town in which the track is located 
is filed Mith the commission at least thirty days prior to the first day 
on which the racing meeting requested is proposed to be held. In de- 
termining whether a fair is properly qualified under this paragraph, the 
commissioner of agriculture shall consider the number of days such fair 
has operated each previous year, the area of the land used for fair 
purposes, the number of entries in agricultural show events in previous 
years, the number and value of prizes offered in such events and whether 
or not the granting of a racing license would tend to promote the agri- 
cultural purposes of the fair. 

Section 3. This act shall take effect on July first, nineteen hundred 
and fifty-eight. Approved March 28, 1958. 

Chap. 209. An Act authorizing the trustees of st. mark's 
school to hold additional property. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to increase forthwith the amount of property which 
the Trustees of St. Mark's School may hold, 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: 

The Trustees of St. Mark's School, a corporation incorporated by 
chapter one hundred and six of the acts of eighteen hundred and sixty- 
five, are hereby authorized to hold real and personal estate to an amount 
not to exceed fifteen million dollars. Approved March 28, 1958. 

Chap. 210. An Act authorizing Bradford junior college to 

HOLD additional REAL AND PERSONAL ESTATE. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to immediately authorize Bradford Junior College 
to hold additional real and personal estate, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate preservation 
of the public convenience. 

Be it enacted, etc., as follows: 

Chapter 329 of the acts of 1869 is hereby amended by striking out 
section 1 and inserting in place thereof the following section : — Section 1 . 
Bradford Junior College, formerly known as Bradford Academy, is 
hereby authorized to hold by gift, grant, devise or otherwise, for the 
purposes of education, real and personal estate to an amount not ex- 
ceedjng ten milhon dollars. Approved March 28, 1958. 



Acts, 1958. — Chaps. 211, 212. 107 

Chap. 211. An Act authorizing the city of Worcester to grant 
permission to the b & b realty corporation to in- 
stall certain conduit and piping under grace street 
in said city. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester is hereby authorized to grant 
permission to B & B Realty Corporation to install the necessary conduit 
and piping under Grace street in said city, in order to connect a pro- 
posed anhydrous ammonia storage tank to be located on the westerly 
side of said Grace street and belonging to The Presmet Corporation, 
tenant of said B & B Realty Corporation, with the premises of said 
B & B Realty Corporation located on the easterly side of said Grace 
street and said city of Worcester is further authorized to grant permis- 
sion to The Presmet Corporation to transport anhydrous ammonia 
through said conduit and piping. 

Section 2. The action taken by the city council of the city of 
Worcester on November fourth, nineteen hundred and fifty-seven, in 
adopting an order granting permission to the said B & B Realty Cor- 
poration and to The Presmet Corporation, pursuant to the authority 
contained in section one of this act, is herebj'' validated and confirmed, 
and any action taken pursuant to said order is hereby validated and 
confirmed, as though this act had been in full force and effect at the 
time said order was adopted. 

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

Approved March 28, 1958. 

Chap. 212. An Act providing for studies and estimates of cost 

BY THE metropolitan TRANSIT AUTHORITY RELATIVE 
TO ALTERATIONS AND EXTENSIONS OF SUBWAY AND RAPID 
TRANSIT FACILITIES IN BOSTON IN CONNECTION WITH 
THE PRUDENTIAL DEVELOPMENT, SO CALLED. 

Be it enacted, etc., as follows: 

Section 1. The Metropolitan Transit Authority, hereinafter re- 
ferred to as the authority, is hereby authorized to make studies, pre- 
liminary plans and estimates of cost for extensions and alterations of 
its subway and rapid transit facilities which may become necessary or 
advisable on account of the construction of the Prudential Develop- 
ment, so called, in the Back Bay area of the city of Boston which lies 
between Boylston street on the north, Belvidere street and Huntington 
avenue on the south, Massachusetts avenue on the west, and Exeter 
street on the east. For the purpose of making surveys and borings in 
connection with said studies, preliminary plans and estimates of cost 
the authority may enter upon and use public and private ways and lands. 
Any person injured in his property by such entry or use of his land by the 
authority may recover his damages under chapter seventy-nine of the 
General Laws. 

Section 2. For the purpose of providing funds for, or of restoring 
to the treasury of the authority funds expended for the purposes of this 
act, the authority may from time to time issue, and the Boston metro- 
pohtan district, hereinafter referred to as the district, shall purchase, 
bonds of the authority to a total principal amount not exceeding one 



108 Acts, 1958. — Chaps. 213, 214. 

hundred and fifty thousand dollars under and in accordance with section 
six of chapter six hundred and forty-nine of the acts of nineteen hundred 
and forty-nine, as amended. All of the provisions of said section six 
and of section seven of said chapter six hundred and forty-nine, as now 
or hereafter amended, shall apply to the issue, refunding and payment 
of the bonds which the authority and the district are authorized to 
issue by this act in the same manner and to the same extent as though 
the issue of such bonds was specifically authorized by said section six. 
The provisions of section six A of said chapter six hundred and forty- 
nine shall not apply to the work authorized by this act. 

Section 3. The trustees of the authority shall file with the clerk of 
the house of representatives, on or before the fourth Wednesday of 
January, nineteen hundred and fifty-nine, a final report with reference 
to said studies, preliminary plans and estimates of cost, together with 
drafts of any necessary legislation. 

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

Approved March 28, 1958. 



Chap. 213. An Act declaring void exculpatory provisions 
contained in a pass book issued by a bank. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose which is, in part, to immediately protect depositors in banks, 
credit unions and savings and loan associations, therefore it is hereby 
declared to be an emergency law, necessary for the immediate preserva- 
tion of the public welfare and convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 167 of the General Laws is hereby amended by 
inserting after section 53 the following section: — Section 53 A. Any 
agreement between a depositor, certificate holder or shareholder and any 
bank, credit union or savings and loan association doing business in this 
commonwealth which exculpates such bank, credit union or savings and 
loan association when a deposit or share account, or any part thereof, 
is paid by such bank, credit union or savings and loan association to a 
person unlawfully presenting a pass book, certificate or other evidence 
of such account is hereby declared to be contrary to public policy and 
void. 

Section 2. The provisions of this act shall apply only to agreements 
entered into after its effective date. Approved March 28, 1958. 

Chap. 214. An Act authorizing the commissioner of labor and 

INDUSTRIES to SUSPEND THE OPERATION OF CERTAIN 
LABOR LAWS. 

Be it enacted, etc., a^ 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-nine, 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, hmiting or prohibiting the employment 



Acts, 1958. — Chaps. 215, 216. 109 

of women, or of minors over the age of sixteen, or both. The commis- 
sioner shall exercise this authority when he finds, after opportunity has 
been given to interested parties to be heard, that an emergency exists 
or that conditions of hardship in an industry, branch of an industry, or 
individual establishment require or justify the suspension of any pro- 
vision of such laws, rules or regulations. Suspensions issued by the 
commissioner shall prescribe, and may be either granted or limited to, 
one or more particular departments, operations or occupations within 
an establishment, or a particular industry or branch of an industry. 
The commissioner shall appoint industry advisory committees, on which 
employers and employees shall be equally represented, to consult and 
advise with him in matters relating to the suspensions authorized by 
this act. Approved March 28, 1958. 



Chap. 215. An Act authorizing the town of Shrewsbury to 
levy assessments against owners of land abutting 
on that portion of any street in which sewers are 

LAID. 

Be it enacted, etc., as follows: 

Section 1. Section 7 of chapter 502 of the acts of 1954 is hereby 
amended by striking out the third sentence and inserting in place 
thereof the following two sentences : — Assessments shall be made 
upon owners of land abutting on that portion of any street in which 
sewers are laid. Annual charges shall be paid by every person who 
enters his particular sewer therein. 

Section 2. This act shall take effect upon its acceptance by a 
majority vote of the town meeting members voting thereon at an annual 
or special town meeting called for the purpose. For purposes of ac- 
ceptance only this act shall take effect upon its passage. 

Approved March 81, 1958. 



Chap. 216. An Act authorizing the south essex sewerage 
district to pay the unexpended balance of a cer- 
tain bond issue to the city of SALEM AND THE CITY 

of peabody. 
Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of chapter three hun- 
dred and thirty-nine of the acts of nineteen hundred and twenty-five, 
chapter four hundred and thirty-one of the acts of nineteen hundred 
and forty-five, chapter one hundred and sixty-eight of the acts of nine- 
teen hundred and forty-eight, and chapter forty-four of the General 
Laws, the South Essex sewerage district acting by its treasurer is hereby 
authorized to pay to the city of Salem and to the city of Peabody the 
balance remaining in the fund derived from the South Essex Sewerage 
District Loan, Act of 1945 in the proportions in which said cities are 
assessed for the payments thereof. 

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

Approved March 31, 1968. 



110 Acts, 1958. — Chap. 217. 

Chap. 217. An Act increasing the penalty and providing for 

THE issuance OF AN INJUNCTION FOR VIOLATION OF THE 
LAWS RELATIVE TO DECEPTIVE ADVERTISING OF MER- 
CHANDISE FOR SALE. 

Be it enacted, etc., as follows: 

Section 1. Section 91 of chapter 266 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by striking out, 
in hnes 17 and 18, the words "ten nor more than five hundred" and 
inserting in place thereof the words : — five hundred nor more than one 
thousand, — so as to read as follows: — Section 91. Any person who, 
with intent to sell or in any way dispose of merchandise, securities, 
service, or anything offered by such person, directly or indirectly, to the 
public for sale or distribution, or who, with intent to increase the con- 
sumption of or demand for such merchandise, securities, service or other 
thing, or to induce the public in any manner to enter into any obliga- 
tion relating thereto, or to acquire title thereto, or an interest therein, 
makes, publishes, disseminates, circulates or places before the public, 
or causes, directly or indirectly, to be made, published, disseminated, 
circulated or placed before the public within the commonwealth, in a 
newspaper or other publication, or in the form of a book, notice, handbill, 
poster, bill, circular, pamphlet or letter, or in any other way, an adver- 
tisement of any sort regarding merchandise, securities, service or any- 
thing so offered to the public, which advertisement contains any asser- 
tion, representation or statement of fact which is untrue, deceptive or 
misleading, and which such person knew, or might on reasonable investi- 
gation have ascertained to be untrue, deceptive or misleading, shall be 
punished by a fine of not less than five hmidred nor more than one 
thousand dollars; provided, that this section shall not apply to any 
owner, publisher, printer, agent or employee of a newspaper or other 
publication, periodical or circular, or to any agent of the advertiser 
who in good faith and without knowledge of the falsity or deceptive 
character thereof publishes, causes to be published, or participates in the 
publication of such advertisement. 

Section 2. Section 91 A of chapter 266 of the General Laws, inserted 
by chapter 250 of the acts of 1953, is hereby amended by striking out, 
in line 13, the words "ten nor more than five hundred dollars" and 
inserting in place thereof the words : — five hundred nor more than one 
thousand dollars or by imprisonment for not more than one year, — so 
as to read as follows: — Section 91 A. Any person who offers for sale 
merchandise, commodities or service by making, publishing, disseminat- 
ing, circulating or placing before the public within the commonwealth, 
in a newspaper or other publication, or in the form of a book, notice, 
handbill, poster, bill, circular, pamphlet or letter, or in any other way, 
an advertisement describing the said merchandise, commodities or 
service, as part of a plan or scheme with the intent not to sell said mer- 
chandise, commodities or service so advertised at the price stated therein, 
or with intent not to sell said merchandise, commodities or service so 
advertised, shall be punished by a fine of not less than five hundred nor 
more than one thousand dollars or by imprisonment for not more than 
one year. 

Section 3. Chapter 266 of the General Laws is hereby further 
amended by inserting after said section 91 A the following section: — 



Acts, 1958. — Chaps. 218, 219. Ill 

Section 91B. Any person offering for sale merchandise, commodities or 
service by making, publishing, disseminating, circulating or placing 
before the public within the commonwealth in any manner an advertise- 
ment of merchandise, commodities, or service, with the intent, design 
or purpose not to sell the merchandise, commodities, or service so adver- 
tised at the price stated therein or otherwise communicated, or with the 
intent not to sell the merchandise, commodities, or service so advertised, 
may be enjoined from such advertising by a bill in equity in the superior 
court brought by the attorney general or any aggrieved party; pro- 
vided, however, that the provisions of this section shall not apply to any 
medium for the printing, publishing, or disseminating of advertising, 
or any owner, agent or employee thereof, nor to any advertising agency 
or owner, agent or employee thereof, nor to any radio or television 
station, or owner, agent, or employee thereof, for printing, publishing, 
or disseminating or causing to be printed, published, or disseminated 
such advertisement in good faith and without knowledge of the deceptive 
character thereof . Approved March 31, 1958. 

Chap. 218. An Act increasing the amount of funds which the 
lancaster sewer district may borrow. 

Be it enacted, etc., as follows: 

Section 8 of chapter 43 of the acts of 1952, as amended by chapter 
513 of the acts of 1957, is hereby further amended by striking out, in 
line 5, the word "three" and inserting in place thereof the word: — 
six, — so as to read as follows : — Section 8. For the purpose of pay- 
ing the necessary expenses and liabilities incurred under this act, the 
district may from time to time, within ten years after the passage of 
this act, borrow such sums as may be necessary, not exceeding, in the 
aggregate, six hundred thousand dollars, and may issue bonds or notes 
therefor, which shall bear on their face the words, Lancaster Sewer 
District Sewerage Loan, Act of 1952. Each authorized issue shall con- 
stitute a separate loan, and such loans shall be payable in not more 
than thirty years from their dates. Lidebtedness incurred under this 
act shall be in excess of the statutory limit, but shall, except as provided 
herein, be subject to chapter forty-four of the General Laws. 

Approved March 31, 1958. 

Chap. 219. An Act increasing the amount of money which the 

TOWN OF bourne MAY EXPEND FOR ADVERTISING PUR- 
POSES. 

Be it enacted, etc., as follows: 

Section 1 of chapter 124 of the acts of 1952 is hereby amended by 
striking out, in line 2, the word "three" and inserting in place thereof 
the word : — five, — so as to read as follows : — Section 1 . The town 
of Bourne may annually appropriate a sum, not exceeding five thousand 
dollars, for the purpose of advertising the advantages of the town, with 
special reference to its facilities for summer vacation, recreation, sea- 
shore, residential and small manufacturing purposes. The money so 
appropriated shall be expended under the direction of the selectmen. 

Approved March 31, 1968. 



112 Acts, 1958. — Chaps. 220, 221, 222. 

Chap. 220. An Act further increasing the maximum amount 
of money which the city of malden may borrow 
for the purpose of constructing a public parking 

PLACE. 

Be it enacted, etc., as follows: 

The second sentence of section 1 of chapter GOO of the acts of 1954, 
as amended by chapter 59 of the acts of 1955, is hereby further amended 
by striking out, in hne 5, the words "four hundred" and inserting in 
place thereof the words: — seven hundred and sixty, — so as to read 
as follows : — Said city may for the purposes of this act borrow, from 
time to time, within a period of ten years from the passage of this act, 
such sums as may be necessary, not exceeding in the aggregate seven 
hundred and sixty thousand dollars, and may issue bonds or notes 
therefor which shall bear on their face the words. City of Maiden, Public 
Parking Loan, Act of 1954. Approved March 31, 1968. 

Chap. 221. An Act authorizing the city of malden to pay a 

SUM OF money to WILLIAM CALLAHAN. 

Be it enacted, etc., as follows: 

Section 1 . The city of Maiden is hereby authorized to appropriate 
and pay to William Callahan, a former member of the pohce department 
of said city, the sum of twenty-four hundred and thirty dollars and 
sixty-seven cents for salary for the period from March seventh, nine- 
teen hundred and fifty-six, to October second, nineteen hundred and 
fifty-six, during which time the said Wilham Callahan was disabled on 
account of injuries received in the performance of his duties. 

Section 2. This act shall take effect upon its acceptance by the 
city council of the city of Maiden. Approved March 31, 1968. 

Chap. 222. An Act increasing the rates of pilotage for the 
port of boston. 

Be it enacted, etc., as follows: 

Chapter 103 of the General Laws is hereby amended by striking out 
section 31, as amended by chapter 41 of the acts of 1953, and inserting 
in place thereof the following section : — Section 31 . Rates of pilotage 
outward and inward for the port of Boston, calculated per foot of 
draught, shall be as follows: — four dollars and fifty cents for vessels 
not over five hundred tons; five dollars for vessels over five hundred 
tons and not over one thousand tons; five dollars and fifty cents for 
vessels over one thousand tons and not over fifteen hundred tons; six 
dollars for vessels over fifteen hundred tons and not over two thousand 
tons; six dollars and fifty cents for vessels over two thousand tons. 
The tonnage herein specified shall mean the net registered tonnage. 

Vessels inward bound from the sea or outward bound from the port, 
which are detained over twenty-four hours in the vicinity of President 
Roads, shall pay, in addition to the rates herein specified, fifty per cent 
thereof, unless such vessel is so detained by fog or stress of weather. 

For shifting a vessel from one dock to another in the upper harbor, 
the pilotage rate shall be twenty-five dollars. 

Approved March SI, 1968. 



Acts, 1958. — Chaps. 223, 224, 225, 226. 113 

Chap. 223. An Act giving probate courts concurrent jurisdic- 
tion IN EQUITY OF CONTROVERSIES OVER PROPERTY 
BETWEEN PERSONS WHO HAVE BEEN DIVORCED. 

Be it enacted, etc., as follows: 

Section 6 of chapter 215 of the General Laws, as most recently 
amended by section 2 of chapter 556 of the acts of 1954, is hereby 
further amended by inserting after the second sentence the following 
sentence: — They shall, after the divorce decree has become absolute, 
also have concurrent jurisdiction in equity of controversies over prop- 
erty between persons who have been divorced. 

Approved March 31, 1958. 



Chap. 224. An Act designating the bridge between the city of 

HOLYOKE and THE TOWN OF SOUTH HADLEY AS THE 
sergeant JOSEPH E. MULLER BRIDGE. 

Be it enacted, etc., as follows: 

Section 1 . The bridge connecting the city of Holyoke and the town 
of South Hadley shall be known and designated as the Sergeant Joseph 
E. Muller bridge, and a suitable marker bearing said designation shall 
be erected and maintained on said bridge by the department of public 
works. 

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

Approved April 1, 1958. 



Chap. 225. An Act designating the bridge over the furnace 

BROOK parkway IN THE CITY OF QUINCY AS THE STAFF 
SERGEANT MATTHEW PAUL DeLUCA MEMORIAL BRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The bridge on the Southeast Expressway constructed 
over the Furnace Brook Parkway in the city of Quincy shall be known 
and designated as the Staff Sergeant Matthew Paul DeLuca Memorial 
Bridge in commemoration of Staff Sergeant Matthew Paul DeLuca, who 
was killed in action in World War II, while a member of the United 
States army. A suitable marker bearing said designation shall be 
erected on said bridge by the department of public works. 

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

Approved April 1, 1958. 



Chap. 226. An Act designating the bridge on upton street in 
the city of quincy as the james e. keenan memorial 

BRIDGE. 

Be it enacted, etc., as follows: 

Section 1. The bridge constructed on Upton street in the city of 
Quincy shall be known and designated as the James E. Keenan Memorial 
bridge in commemoration of Staff Sergeant James E. Keenan, a member 
of the United States Air Force, who was killed in action in World War II. 



114 Acts, 1958. — Chaps. 227, 228, 229. 

A suitable marker bearing said designation shall be erected on said 
bridge by the department of public works. 

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

Approved April 1, 1958. 

Chap. 227. An Act designating the bridge constructed over 

WILLARD street IN QUINCY AS THE P.F.C DANIEL MARINI 
BRIDGE. 

Be it enacted, etc., as follows: 

The bridge constructed over Willard street in the West Quincy dis- 
trict of the city of Quincy shall be known and designated as the P.F.C. 
Daniel Marini Bridge, and a suitable marker bearing said designation 
shall be attached to said bridge and thereafter maintained thereon by 
the department of public works. Approved April 1, 1968. 

Chap. 228. An Act designating a portion of the southeast 
expressway in quincy as the p.f.c. roger f. schneider 

overpass. 

Be it enacted, etc., as follows: 

That portion of the Southeast Expressway which passes over West 
street in the West Quincy district of the city of Quincy shall be known 
and designated as the P.F.C. Roger F. Schneider Overpass, and a suit- 
able marker bearing said designation shall be attached to said overpass 
and thereafter maintained thereon by the department of public works. 

Approved April 1, 1958. 

Chap. 229. An Act further regulating the hours for holding 
running horse racing meetings. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 128A of the General Laws is hereby 
amended by striking out subsection (5), as amended by section 1 of 
chapter 575 of the acts of 1946, and inserting in place thereof the follow- 
ing subsection : — 

(5) The hours of each day between which it is intended to hold or 
conduct racing at such meeting, which hours shall be not before ten 
o'clock ante meridian for horse racing and not before seven o'clock 
post meridian for dog racing nor later than seven o'clock post meridian 
for running horse racing nor later than twelve o'clock midnight for 
harness horse racing and dog racing. 

Section 2. Section 3 of said chapter 128A is hereby amended by 
striking out clause (b), as amended by section 2 of said chapter 575, 
and inserting in place thereof the following clause : - — 

(b) Such a meeting as may be for running horses shall be between the 
hours of ten o'clock ante meridian and seven o'clock post meridian 
only, and such a meeting as may be for harness horses may be between 
twelve o'clock noon and seven o'clock post meridian or between seven 
o'clock post meridian and twelve o'clock midnight. 

Approved April 1, 1958. 



Acts, 1958. — Chaps. 230, 231, 232. 115 

Chap. 230. An Act requiring the chairman of the state com- 
mittee OF A POLITICAL PARTY TO ISSUE A CALL FOR A 
STATE CONVENTION. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is in part to provide forthwith that a member of a pohti- 
cal party may petition the superior court to compel the state chairman 
thereof to call a state convention, 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 54 of chapter 53 of the General Laws is hereby amended by 
striking out the first sentence, as most recently amended by section 2 
of chapter 278 of the acts of 1957, and inserting in place thereof the 
following two sentences : — The chairman of the state committee of a 
political party shall issue a call on or before the first Wednesday in 
May to hold a state convention, to be held not earlier than June fifth 
and not later than June twentieth, in a j'-ear in which a biennial state 
election is held, for the purpose of adopting a platform, electing such 
number of members at large of the state committee as may be fixed by 
the convention, and endorsing for nomination candidates for offices to 
be filled by all the voters of the commonwealth, to be voted for at the 
ensuing state primary, and for such other purposes consistent with law 
as the convention may determine. If the said chairman fails to issue a 
call on or before the first Wednesday in May for the holding of such 
convention, ten voters enrolled in the party may petition the superior 
court to compel said chairman to issue said call. 

Approved April 2, 1958. 

Chap. 231. An Act authorizing a candidate for public office 
OR his representative to check the vote recorded 
on each voting machine in each precinct in the 
city of boston in which the name of said candidate 
appears on the ballot. 

Be it enacted, etc., as follows: 

Section 1. A candidate for public office or his representative duly 
authorized in writing shall, within one hour after the official vote for 
said office has been announced by the presiding officer, be permitted 
to examine and check the vote recorded on voting machines in any 
precinct in the city of Boston in which the name of said candidate has 
appeared on the ballot. 

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

Approved April 3, 1958. 

Chap. 232. An Act establishing the tyngsborough water 
district in the town of tyngsborough. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Tyngsborough, liable to 
taxation in said town and residing within the teriitory comprised within 
the following boundary lines, to wit: — Beginning at a point in the 



116 Acts, 1958. — Chap. 232. 

westerly bank of the Merrimack river on the boundary line of the town 
of Tyngsborough and Chelmsford; thence running westerly along said 
boundary line to a point near the intersection of Worden road and Tyng 
road in said town of Tyngsborough; thence southerly by said boundary 
line to a point; thence running in a westerly direction five hundred feet 
southerly of and parallel to said Worden road to the boundary line of 
the towns of Tyngsborough and Chelmsford; thence running along said 
boundary line in a northwesterly direction to the point where the town 
of Westford boundary joins that of the town of Tyngsborough; thence 
running northeasterly in a line which is a prolongation of the boundary 
line of the towns of Westford and Tyngsborough to a point on the 
westerly bank of the Merrimack river; thence running southeasterly 
by said westerly bank of the Merrimack river to the point of beginning, 
shall constitute a water district and are hereby made a body corporate 
by the name of the Tyngsborough Water District, hereinafter called 
the district, for the purpose of supplying themselves with water for the 
extinguishment of fires and for domestic and other purposes, with 
power to establish fountains and hydrants and to relocate and discon- 
tinue the same, to regulate the use of such water and to fix and collect 
rates to be paid therefor, and for the purposes of assessmg and raising 
taxes as provided herein for the payment of such services, and for defray- 
ing the necessary expenses of carrying on the business of said district, 
subject to all general laws now or hereafter in force relating to such 
districts, except as otherwise provided herein. The district shall have 
power to prosecute and defend all actions relating to its property and 
affairs. 

Section 2. For the purposes aforesaid, the district, acting by and 
through its board of water commissioners hereinafter provided for, may 
contract with any municipality, acting through its water department, 
or with any water company, or with any water district, for whatever 
water may be required, and may contract for the installation and 
maintenance of water mains, hydrants and such other works as may be 
required, authority to furnish the same and to enter into such contract 
being hereby granted, and may take by eminent domain under chapter 
seventy-nine of the General Laws, or acquire by lease, purchase or 
otherwise, and hold, the water, or any portion thereof, of any pond, 
spring or stream, or of any ground sources of supply by means of driven, 
artesian or other wells, within the town of Tyngsborough and not 
already appropriated for the purposes of a public supply, and the water 
and flowage rights connected with any such water sources ; and for said 
purposes may take as aforesaid, or acquire by purchase or otherwise, 
and hold, all lands, rights of way and other easements necessary for 
collecting, storing, holding, purifying and preserving the purity of the 
water and for conveying the same to any part of said district; provided, 
• that no source of water supply or lands necessary for preserving the 
quality of the water shall be so taken or used without first obtaining the 
advice and approval of the department of public health, and that the 
location and arrangement of all dams, reservoirs, springs, wells, pump- 
ing, purification and filtration plants and such other works as may be 
necessary in carrying out the provisions of this act shall be subject to 
the approval of said department. The district may construct and 
maintain on the lands acquired and held under this act proper dams, 
wells, springs, reservoirs, standpipes, tanks, pumping plants, buildings, 



Acts, 1958. — Chap. 232. 117 

fixtures and other structures, including also the establishment and 
maintenance of filter beds and purification works or systems, and may 
make excavations, procure and operate machinery and provide such 
other means and appliances, and do such other things as may be neces- 
sary for the establishment and maintenance of complete and effective 
water works; and for that purpose may construct pipe lines, wells and 
reservoirs and establish pumping works, and may construct, lay, 
acquire and maintain aqueducts, conduits, pipes and other works under 
or over any land, water courses, railroad, railways and public or other 
ways, and along such ways, in said town, in such manner as not unneces- 
sarily to obstruct the same ; and for the purposes of constructing, laying, 
maintaining, operating and repairing such aqueducts, conduits, pipes 
and other works, and for all proper purposes of this act, the district 
may dig up or raise and embank any such land, highways or other ways 
in such manner as to cause the least hindrance to public travel on such 
ways; provided, that the manner in which all things are done upon any 
such way shall be subject to the direction of the selectmen of the town 
of Tyngsborough. The district shall not enter upon, or construct or 
lay any conduit, pipe or other works within the location of any railroad 
corporation except at such time and in such manner as it may agi-ee 
upon with such corporation, or, in case of failure so to agree, as may be 
approved by the department of public utilities. The district may enter 
upon any lands for the purpose of making surveys, test wells or pits and 
borings, and may take or otherwise acquire the right to occupy tempo- 
rarily any lands necessary for the construction of any work or for any 
other purpose authorized by this act. 

Section 3. Any person sustaining damages in his property by any 
taking under this act or any other thing done under authority thereof 
may recover such damages from the district under said chapter seventy- 
nine, but the right to damages for the taking of any water, water right, 
or water source or for any injury thereto, shall not vest until water is 
actually withdrawn or diverted under authority of this act. 

Section 4. For the purpose of paying the necessary expenses and 
liabilities incurred under this act, other than the expenses of maintenance 
and operation, the district may borrow from time to time such sums as 
may be necessary, not exceeding, in the aggregate, twenty-five thousand 
dollars, and may issue bonds or notes therefor, which shall bear on their 
face the words, Tyngsborough Water District Loan, Act of 1958. Each 
authorized issue shall constitute a separate loan, and such loans shall be 
payable in not more than thirty years from their dates. Indebtedness 
incurred under this act shall be subject to the provisions of chapter 
forty-four of the General Laws pertaining to such districts. 

Section 5. The district shall, at the time of authorizing said loan 
or loans, pro\ide for the payment thereof in accordance with section 
four of this act; and, when a vote to that effect has been passed, a sum 
which, with the income derived from water rates, will be sufficient to 
pay the annual expense of operating its water works and the interest as 
it accrues on the bonds or notes issued as aforesaid by the district, and 
to make such payments on the principal as may be required under this 
act, shall without further vote be assessed upon the district by the 
assessors of said town of Tyngsborough annually thereafter until the 
debt incurred by said loan or loans is extinguished. 

Section 6. Any land taken or acquired under this act shall be 



118 Acts, 1958. — Chap. 232. 

managed, improved and controlled by the board of water commissioners 
hereinafter provided for, in such manner as they shall deem for the best 
interest of the district. All authority vested in said board by this 
section shall be subject to section nine. 

Section 7. Whenever a tax is duly voted by the district for the 
purposes of this act, the clerk shall send a certified copy of the vote to 
the assessors of said town, who shall assess the same on property within 
the district in the same manner in all respects in which to^vn taxes are 
required bj' law to be assessed; proidded, that no estate shall be subject 
to any tax assessed on account of the system of water supply under this 
act if, in the judgment of the board of water commissioners hereinafter 
provided for, after a hearing, due notice whereof shall have been given, 
such estate is so situated that it will receive no aid in the extinguishment 
of fire from the said system of water supply, or if such estate is so situ- 
ated that the buildings thereon, or the buildings that might be con- 
structed thereon, could not be supplied with water from said system 
in any ordinar}^ or reasonable manner; but all other estates in the dis- 
trict shall be deemed to be benefited and shall be subject to such tax. 
A certified list of the estates exempt from taxation under the provisions 
of this section shall annually be sent by said board of water commis- 
sioners to said assessors, at the same time at which the clerk shall send a 
certified copy of the vote as aforesaid. The assessment shall be com- 
mitted to the town collector, who shall collect said tax in the manner 
provided by law for the collection of town taxes, and shall deposit the 
proceeds thereof with the district treasurer for the use and benefit of the 
district. The district may collect interest on overdue taxes in the manner 
in which interest is authorized to be collected on town taxes. 

Section 8. Any meeting of the voters of the territory included 
within the boundaries set forth in section one to be held prior to the 
acceptance of this act, and any meeting of the voters of the district to be 
held prior to the qualification of a majority of the water commissioners, 
shall be called, on petition of ten or more legal voters therein, by a 
warrant from the selectmen of said town, or from a justice of the peace, 
directed to one of the petitioners, requiring him to give notice of the 
meeting by posting copies of the warrant in two or more public places 
in the district seven days at least before the time of the meeting. Such 
justice of the peace, or one of the selectmen, shall preside at such meeting 
until a clerk is chosen and sworn, and the clerk shall preside until a 
moderator is chosen. At any meeting held hereunder prior to the 
acceptance of this act, after the choice of a moderator for the meeting 
the question of the acceptance of this act shall be submitted to the 
voters, and if it is accepted by a majorit}'' of the voters present and 
voting thereon it shall thereupon take effect, and the meeting may then 
proceed to act on the other articles in the warrant. After the qualifica- 
tion of a majority of the water commissioners, meetings of the district 
shall be called by warrant under their hands, unless some other method 
be provided by by-law or vote of the district. 

Section 9. The district shall, after the acceptance of this act as 
aforesaid, elect by ballot, either at the same meeting at Avhich this act 
shall have been accepted, or thereafter, at an annual meeting or at a 
special meeting called for the purpose, three persons, inhabitants of 
and voters in said district, to hold office, one until the expiration of three 
years, one until the expu'ation of two years, and one until the expiration 



Acts, 1958. — Chap. 232. 119 

of one year, from the day of the next succeeding annual district meeting, 
to constitute a board of water commissioners ; and at every annual district 
meeting following such next succeeding annual district meeting one such 
commissioner shall be elected by ballot for the term of three years. The 
date of the next annual meeting shall be fixed by by-law or by vote of 
the board of water commissioners, but in no event shall it be later than 
fifteen months subsequent to the date on which the water commissioners 
were first elected. All the authority granted to said district by this act, 
except sections four and five, and not othenvise specifically provided for, 
shall be vested in said board of water commissioners, who shall be sub- 
ject, hoAvever, to such instructions, rules and regulations as the district 
may by vote impose. At the meeting at which said water commis- 
sioners are first elected and at each annual district meeting held there- 
after, the district shall elect by ballot, each for a term of one year, a 
clerk and a treasurer of the district. The treasurer shall not be a water 
commissioner, and shall give bond to the district in such an amount as 
may be approved by said water commissioners and with a surety com- 
pany authorized to transact business in the commonwealth as surety. 
A majority of said water commissioners shall constitute a quorum for 
the transaction of business. Any vacancy occurring in said board from 
any cause may be filled for the remainder of the unexpired term by 
said district at any legal meeting called for the purpose. No money 
shall be drawn from the treasury of the district on account of its water 
works except upon a written order of said water commissioners or a 
majority of them. 

Section 10. Said board of water commissioners shall fix just and 
equitable prices and rates for the use of water, and shall prescribe the 
time and manner of payment. In case the district shall contract with 
the North Chelmsford Water District pursuant to the provisions of 
section tAvo, the rates for the use of water shall be such as may be 
agreed upon by the board of water commissioners of the Tyngsborough 
Water District and the board of water commissioners of the North 
Chelmsford Water District and in case of failure to agree, as may be 
fixed by the department of public utilities. The income of the water 
works shall be appropriated to defray all operating expenses, interest 
charges and payments on the principal as they shall accrue upon any 
bonds or notes issued luider authority of this act. If there should be a 
net surplus remaining after providing for the aforesaid charges, it may 
be appropriated for such new construction as said water commissioners 
may recommend, and in case a surplus should remain after payment for 
such new construction the water rates shall be reduced proportionately. 
Said M'ater commissioners shall annually, and as often as the district 
may require, render a report upon the condition of the works under 
their charge, and an account of their doings, including an account of 
receipts and expenditures. 

Section 11. The district may adopt by-laws, prescribing by whom 
and how meetings of the district may be called, notified and conducted ; 
and, upon the application of ten or more legal voters in the district, 
meetings may also be called by warrant as provided in section eight. 
The district may also establish rules and regulations for the manage- 
ment of its water works, not inconsistent with this act or Avith any other 
provision of laAv, and may choose such other officers not provided for in 
this act as it may deem necessary or proper. 



120 Acts, 1958. — Chaps. 233, 234. 

Section 12. Whoever wilfully or wantonly corrupts, pollutes or 
diverts any water obtained or supplied under this act, or wilfully or 
wantonly injures any reservoir, well, standpipe, aqueduct, pipe or other 
property owned or used by the district for any of the purposes of this 
act, shall forfeit and pay to the district three times the amount of 
damages assessed therefor, to be recovered in an action of tort, and upon 
conviction of any of the above wilful or wanton acts shall be punished 
by a fine of not more than three hundred dollars or by imprisonment for 
not more than one year, or both. 

Section 13. Upon a petition in writing addressed to said board of 
water commissioners requesting that certain real estate, accurately 
described therein, located in said town and abutting on said district 
and not otherwdse served by a public water supply be included ^vithin 
the limits thereof, and signed by the owners of such real estate, or a 
major portion of such real estate, said water commissioners shall cause 
a duly warned meeting of the district to be called, at which meeting the 
voters may vote on the question of including such real estate within the 
district. If a majority of the voters present and voting thereon vote in 
the affirmative the district clerk shall within ten days file with the 
town clerk of said town and with the state secretary an attested copy of 
said petition and vote; and thereupon said real estate shall become and 
be part of the district and shall be holden under this act in the same 
manner and to the same extent as the real estate described in section one. 

Section 14. This act shall take full effect upon its acceptance by a 
majority of the voters of the territory included within said district by 
section one of this act present and voting thereon, by the use of a check 
list, at a district meeting called, in accordance with section eight, within 
four years after its passage. Approved April S, 1958. 



Chap. 233. An Act authorizing the city of lowell to provide 
A recreational and meeting place for the aging. 

Be it enacted, etc., as follows: 

Section 1. In addition to the appropriation authorized under the 
provisions of clause (49) of section five of chapter forty of the General 
Laws, the city of Lowell may, in the current year, appropriate and 
expend a sum not to exceed twentj^-five hundred dollars for the purpose 
of providing a recreational and meeting place for the aging. 

Section 2. This act shall take effect upon its acceptance by the city 
council of said city, subject to the provisions of its charter, but not 
otherwise. Approved April 3, 1958. 



Chap. 234. An Act enabling the taking of land for the non- 
payment OF EXPENSES INCURRED BY THE BUILDING 
COMMISSIONER OF THE CITY OF BOSTON IN MAKING SECURE 
OR REMOVING CERTAIN BUILDINGS. 

Be it enacted, etc., as follows: 

Paragraph (e) of section 116 of chapter 479 of the acts of 1938 is 
hereby amended by striking out the last two sentences and inserting 
in place thereof the following two sentences : - — Such lien may be dis- 



Acts, 1958. — Chaps. 235, 236, 237. 121 

solved by filing for record in such registry of deeds or with said assistant 
recorder, as the case may be, a certificate from the collector-treasurer 
that the debt for which such lien attached, together with interest and 
costs thereon, has been paid or legally abated. The collector-treasurer 
shall have the same powers and be subject to the same duties with respect 
to such claim as in the case of the annual taxes upon real estate; and 
the provisions of law relative to the collection of such annual taxes, the 
sale or taking of land for the non-payment thereof, and the redemption 
of land so sold or taken shall apply. Approved April 3, 1958. 



Chap. 235. An Act designating the traffic circle at the junc- 
tion OF state highway 140 AND ACUSHNET AVENUE 
in the city OF NEW BEDFORD AS THE AIARK ANTHONY 
DIAS CIRCLE. 

Be it enacted, etc., as follows: 

The traffic circle located at the junction of state highway 140 and 
Acushnet avenue in the city of New Bedford shall be known and desig- 
nated as the Mark Anthony Dias traffic circle, in commemoration of 
Mark Anthony Dias, who was killed in action in nineteen hundred and 
forty-three while a member of the United States navy, and a suitable 
marker bearing said designation shall be erected at said traffic circle 
and thereafter maintained thereon by the department of public works. 

Approved April 3, 1958. 

Chap. 236. An Act extending the term for which a commis- 
sioner OF veterans' services shall be appointed. 

Be it enacted, etc., as follows: 

Section 1. The first sentence of section 22 of chapter 6 of the Gen- 
eral Laws, as amended by section 1 of chapter 196 of the acts of 1956, 
is hereby further amended by striking out, in line 4, the word "three" 
and inserting in place thereof the word : — five. 

Section 2. This act shall apply to the term of the commissioner of 
veterans' services holding office upon its effective date and the term of 
said commissioner is hereby extended for an additional two years. 

Approved April 3, 1958. 



Chap. 237. An Act authorizing the license commission of the 

city of MALDEN to issue to LT. dexter W. CLIFFORD 
CHAPTER NO. 85 DISABLED AMERICAN VETERANS A LICENSE 
TO SELL ALL ALCOHOLIC BEVERAGES. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section sixteen C of chapter one 
hundred and thirty-eight of the General Laws, the license commission 
of the city of Maiden is hereby authorized to issue to Lt. Dexter W. 
Clifford Chapter No. 85 Disabled American Veterans a license to sell 
all alcoholic beverages to be drunk on its premises. 

Approved April 7, 1958. 



122 Acts, 1958. — Chap. 238. 

Chap. 238. An Act consolidating and making uniform the 
provisions of law relative to actions for death 
and the amount of damages recoverable therefor 
except in actions for death resulting from a defec- 
tive way, and making sundry other changes in 

SAID LAW. 

Be it enacted, etc., as follows: 

Section 1. Chapter 229 of the General Laws is hereby amended by 
striking out section 2, as most recentl}'' amended by section 2 of chapter 
427 of the acts of 1949, and inserting in place thereof the following 
section: — Section 2. A person who (1) b}' his negligence causes the 
death of a person in the exercise of due care, or (2) by wilful, wanton or 
reckless act causes the death of a person under such circumstances that 
the deceased could have recovered damages for personal injuries if his 
death had not resulted, or (3) operates a common carrier of passengers 
and by his negligence causes the death of a passenger, or (4) operates a 
common carrier of passengers and by his wilful, wanton or reckless act 
causes the death of a passenger under such circumstances that the 
deceased could have recovered damages for personal injuries if liis death 
had not resulted, shall be liable in damages in the sum of not less than 
two thousand nor more than twenty thousand dollars, to be assessed 
with reference to the degree of his culpability and distributed as pro- 
vided in section one; except that (1) the liability of an employer to a 
person in his employment shall not be governed by this section, (2) a 
person operating a railroad shall not be liable for negligence in causing 
the death of a person while walking or being upon such railroad contrary 
to law or to the reasonable rules and regulations of the carrier, and (3) 
a person operating a street railway or electric railroad shall not be liable 
for negligence for causing the death of a person while talking or being 
upon that part of the street railway or electric railroad not within the 
limits of a highway. A person shall be liable for the negligence or the 
wilful, wanton or reckless act of his agents or servants while engaged 
in his business to the same extent and subject to the same limits as he 
would be liable under this section for his own act, except that the dam- 
ages shall be assessed with reference to the degree of culpability of his 
agents or servants. Damages under this section shall be recovered in 
an action of tort by the executor or administrator of the deceased. No 
recovery shall be had under this section for a death which does not 
occur within two years after the injury which caused the death. An 
action to recover damages under this section shall be commenced within 
one year from the date of death or within such time thereafter as is 
pro-vdded by sections four, four B, nine or ten of chapter two hundred 
and sixty. 

Section 2. Section 2A of said chapter 229, inserted by section 3 of 
said chapter 427, is hereby repealed. 

Section 3. Section 2C of said chapter 229 is hereby repealed. 

Section 4. Said chapter 229 is hereby further amended by striking 
out section 5A, as most recently amended by section 4 of chapter 427 
of the acts of 1949, and inserting in place thereof the following sec- 
tion : — Section 6 A . The causing of a death under such circumstances 
as would create liability under section one, two or two B on the part of a 
person, if alive at the time of such death, shall create a like liability on 



Acts, 1958. — Chap. 238. 123 

his part if such death occurs after his own death and such liability may 
be enforced against the executor or administrator of his estate, subject 
to all provisions of law otherwise applicable. 

Section 5. Said chapter 229 is hereby further amended by striking 
out section 6, as most recently amended by section 5 of said chapter 427, 
and inserting in place thereof the following section : — Section 6. In 
any civil action brought under section two or five A, damages may be 
recovered under a separate count at common law for conscious suffering 
resulting from the same injury, but any sum so recovered shall be held 
and disposed of by the executors or administrators as assets of the estate 
of the deceased. 

. Section 6. Said chapter 229 is hereby further amended by striking 
out sections 6A and 6B, as most recently amended by section 6 of said 
chapter 427, and inserting in place thereof the two following sections: — 
Section 6 A . All sums recovered under section one, two, two B or five A 
shall, if and to the extent that the assets of the estate of the deceased 
shall be insufficient to satisf}" the same, be subject to the charges of 
administration and funeral expenses of said estate, to all medical and 
hospital expenses necessitated by the injury which caused the death, 
and to reasonable attorneys' fees incurred in such recovery. 

Section 6'B. In the event that any sum recovered under section one, 
two, five A or six comes into the hands of the executor or administrator 
of the deceased after the expiration of one year from the time of his 
giving bond, such sum shall be treated as new assets of the estate of the 
deceased within the meaning of section eleven of chapter one hundred 
and ninetj^-seven. 

Section 7. Section 6E of said chapter 229, inserted by section 7 of 
said chapter 427, is hereby amended by striking out the second para- 
graph and inserting in place thereof the following paragraph : — ■ 

The amount of damages which may be awarded in an action brought 
under section two B shall not be less than two thousand nor more than 
twenty thousand dollars. 

Section 8. Said chapter 229 is hereby further amended bj'- striking 
out section 6F, as so inserted, and inserting in place thereof the following 
section : — Section 6F. An action under section two B or section six C 
shall be subject to all the provisions of section six of chapter one hundred 
and fifty-three relative to notice to the employer of the time, place and 
cause of injury, and the time within Avhich the action shall be com- 
menced; proidded. however, that the time for bringing an action under 
either of said sections to recover for the death of an employee who dies 
■within two years after the injury which caused the death shall never be 
less than one year from the date of death, or such period thereafter as is 
pro\dded by sections four, four B, nine or ten of chapter two hundred 
and sixty. 

Section 9. Chapter 160 of the General Laws is hereby amended 
by striking out section 232, as most recently amended by section 10 of 
said chapter 427, and inserting in place thereof the following section : — 
Section 232. If a person is injured in his person or property by collision 
with the engines or cars or rail-borne motor cars of a railroad corpora- 
tion at a crossing such as is described in section one himdred and thirty- 
eight, and it appears that the corporation neglected to give the signals 
required by said section or to give signals by such means or in such 
manner as may be prescribed by orders of the department, and that such 



124 Acts, 1958. — Chap. 239. 

neglect contributed to the injury, the corporation shall be liable for all 
damages caused by the collision, or, if the life of a person so injured is 
lost, to damages recoverable in tort, as provided in section two of 
chapter two hundred and twenty-nine, unless it is shown that, in addi- 
tion to a mere want of ordinary care, the person injured or the person 
who had charge of his person or property was, at the time of the collision, 
guilty of gross or wilful negligence, or was acting in violation of the law, 
and that such gross or wilful negligence or unlawful act contributed to 
the injury. 

Section 10. This act shall take effect on January first, nineteen 
hundred and fifty-nine, and shall apply only to actions for death result- 
ing from injuries sustained or accidents occurring on or after said date. 
The pro\'isions of law applicable to actions for death, as in effect from 
time to time prior to the effective date of this act, shall continue to be 
applicable to such actions resulting from injuries which were sustained 
or accidents which occurred prior to the effective date of this act, in 
accordance with such provisions as in effect at the time the injury was 
sustained or the accident occurred. Approved April 7, 1958. 



Chap. 239. An Act relative to the jurisdiction and enforce- 
ment OF SUPPORT orders AND THE TRANSFER OF 
PROCEEDINGS UNDER THE UNIFORM RECIPROCAL ENFORCE- 
MENT OF SUPPORT ACT. 

Be it enacted, etc., as follows: 

Section 1. Chapter 273 A of the General Laws is hereby amended 
by striking out section 6, as appearing in section 1 of chapter 556 of the 
acts of 1954, and inserting in place thereof the following section: — 
Section 6. The duty of support shall be enforceable by petition filed in 
a district court, irrespective of the relationship between the obligor 
and the obfigee. Any proceeding hereunder shall be commenced in a 
district court within whose judicial district the obligee is an inhabitant 
or a resident. The court shall enforce all duties of support under this 
chapter notwithstanding that another court in the commonwealth or 
in any other state has made a support order and has continuing juris- 
diction. 

Section 2. Said chapter 273A is hereby further amended by striking 
out section 10, as so appearing, and inserting in place thereof the follow- 
ing section: — Section 10. When the commonwealth is a responding 
state, and the court finds a duty of support, it may order the respondent 
to furnish support or reimbursement therefor in a reasonable amount, 
and subject the property of the respondent to such order. All other 
courts of the commonwealth shall likewise enforce the order and upon 
doing so shall inform the court first making the order. 

Section 3. Said chapter 273 A is hereby further amended by strik- 
ing out section 12, as so appearing, and inserting in place thereof the 
following section: — Section 12. In addition to the foregoing powers, 
the court, when the commonwealth is a responding state, may subject 
the respondent to such terms and conditions as it deems proper to assure 
compliance with its orders, and may require the respondent to make 
payments at specified intervals to a probation officer assigned by the 
court, and punish a respondent who violates any order of the court to 



Acts, 1958. — Chaps. 240, 241, 242. 125 

the same extent as is provided by law for contempt in any other suit or 
proceeding. If the court is unable to find the respondent or his property 
within its judicial district but discovers that the respondent or his 
property may be found in the judicial district of another court in the 
commonwealth, the court may forward the papers received from the 
court of the initiating state to such other court and shall inform the 
court in the initiating state that it has done so. Thereupon such other 
court shall give a receipt for the papers and thereafter have the duties 
imposed by this chapter. Approved April 7, 1958. 



Chap. 240. An Act authorizing the acquisition of land by 
purchase or otherwise when necessary in laying 
out, altering or relocating a town way or pri- 
VATE WAY. 

Be it enacted, etc., as follows: 

Section 24 of chapter 82 of the General Laws, as appearing in the 
Tercentenary Edition, is hereby amended by striking out the first 
sentence and inserting in place thereof the following sentence : — If it is 
necessary to acquire land for the purposes of a town way or private way 
which is laid out, altered or relocated by the selectmen, road commis- 
sioners or other officers of a town under this chapter, such officers shall, 
within thirty days after the termination of the town meeting at which 
the laying out, alteration or relocation of such town way or private way 
is accepted by the town, acquire such land by purchase or otherRdse, or 
adopt an order for the taking of such land by eminent domain under 
chapter seventy- nine or institute proceedings for such taking under 
chapter eighty A. Approved April 7, 1958. 

Chap. 241. An Act relative to certificates of fitness required 
to be held by superintendents of school unions. 

Be it enacted, etc., as follows: 

Section 66 of chapter 71 of the General Laws is hereby repealed. 

Approved April 7, 1958. 

Chap. 242. An Act authorizing off-street parking facilities 

IN THE city of NEW BEDFORD. 

Be it enacted, etc., as follows: 

Section 1. For the purposes of constructing public parking areas, 
including original pavement thereof, as well as the construction of 
structures, garages and facilities for off-street public parking, the city 
of New Bedford may acquire by purchase or otherwise, or take by 
eminent domain under the provisions of chapter seventy-nine or eighty A 
of the General Laws, land and buildings on such streets in said city as 
the city council may determine. Said city maj^, 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 seven hundred and fifty thousand dollars, and may issue 



126 Acts, 1958. — Chap. 243. 

bonds or notes therefor which shall bear on their face the words, City 
of New Bedford, Public Parking Loan, Act of 1958. Each authorized 
issue shall constitute a separate loan, and such loans shall be paid in 
not more than twenty years from their dates. Indebtedness incurred 
under this act shall be in excess of the statutory debt limit, but shall, 
except as herein provided, be subject to the provisions of chapter 
forty-four of the General Laws, exclusive of the limitation contained 
in the first paragraph of section seven thereof. 

Section 2. The city may install parking meters in said off-street 
parking areas, structures, garages and facilities and make a charge for 
the use of space therein, and the receipts thereof shall be applied an- 
nually, first, to reimbursing the city for its annual payments on account 
of the above-mentioned loan or loans, and secondly, for any of the 
purposes for which parking meter receipts may be used under sections 
twenty-two B and twenty-two C of chapter forty of the General Laws. 

Section 3. In the event that the city determines to construct and 
operate any off-street public parking structure, garages or facilities, 
said city shall, by ordinance or order, establish rules and regulations 
for the operation thereof. 

Section 4. Upon liquidation of the loan authorized by section one, 
the receipts from said parking meters, structures, garages or facilities 
may be used for the purposes prescribed by said sections twenty-two B 
and twenty-two C of said chapter forty. 

Section 5. This act shall be construed to be in addition to all other 
rights granted by the General Laws pertaining to the installation and 
operation of parking meters in on-street and off-street areas, and the 
disbursement of receipts therefrom. 

Section 6. Said city may acquire said parking meters in the manner 
provided by section twenty-two A of said chapter forty. 

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

Approved April 8, 1958. 



Chap. 243. An Act authorizing the trustees of the Bradford 
durfee college of technology to grant such hon- 
orary DOCTORATES AS THEY MAY DETERMINE. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to provide forthwith that the trustees of the Bradford 
Durfee College of Technology may grant such honorary doctorates as 
they may determine, therefore it is hereby declared to be an emergency 
law, necessary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Chapter 74 of the General Laws is hereby amended by striking out 
section 42B, inserted by chapter 410 of the acts of 1957, and inserting 
in place thereof the following section : — Section ^23. The board of 
trustees of the Bradford Durfee College of Technology and of the New 
Bedford Institute of Technology, with the approval of the board of 
collegiate authority, may grant such honorary doctorates as they may 
determine. Approved April 8, 1958. 



Acts, 1958. — Chaps. 244, 245. 127 

Chap. 244. An Act authorizing the town of webster to appro- 
priate MONEY FOR THE PAYMENT OF, AND TO PAY CERTAIN 
UNPAID BILLS. 

Be it enacted, etc., as follows: 

Section 1. The town of Webster is hereby authorized to appropriate 
money for the payment of, and after such appropriation the treasurer 
of said town is hereby authorized to pay, an unpaid bill in the sum of 
four hundred and sixteen dollars and thirty-nine cents to the Graybar 
Electric Co., Inc., and an unpaid bill in the sum of four hundred and 
sixty-one dollars and thirty-one cents to the Worcester County Electric 
Company, and an unpaid bill in the sum of four hundred and seventy- 
five dollars and forty-one cents to the Electric Service and Supply Co. 
of Worcester, all for services and materials furnished to the fire depart- 
ment of said town, said bills being legall}^ unenforceable against said 
town. 

Section 2. Said town is hereby authorized to pay from an appro- 
priation available therefor, an unpaid bill in the sum of forty-one hun- 
dred dollars to the Gamewell Company, for services and materials 
furnished to the fire department of said town, said bill being legally 
unenforceable against said town. 

Section 3. No bill shall be approved by the town accountant of 
said town 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 materials, and 
services for which such bills have been submitted were ordered by an 
official or an employee of said town and that such materials were de- 
livered and actually received by said town or that such services were 
rendered to said town, or both. 

Section 4. Any person who knowingly files a certificate required by 
section three, which is false, and who thereby receives payment for 
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 5. This act shall take effect upon its passage. 

Approved April 8, 1958. 

Chap. 245. An Act relative to the construction, grading and 
completion of sidewalks in public WAYS in the city 

OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 437 of the acts of 1893, as most re- 
cently amended by chapter 252 of the acts of 1951, is hereby further 
amended by striking out the first three sentences and inserting in place 
thereof the following sentences : — The public improvement commission 
of the city of Boston, with the approval of the mayor, may order the 
grading and construction of sidewalks, or the completion of any partly 
constructed sidewalk in any public way in said city, as public conven- 
ience may require, with or without edgestones as said commission shall 
deem expedient, and may order that the same be covered with brick, 
stone, concrete, artificial stone, gravel or other appropriate material. 



128 Acts, 1958. — Chaps. 246, 247. 

Within six months after the completion of such sideM^alk, provided that 
entry for the purpose of constructing, grading or completing the side- 
walk shall be made within two years after the date of the approval by 
the mayor of the order therefor, said commission shall determine the 
value of the benefit or advantage to each estate especially benefited by 
the sidewalk and shall assess upon the several estates so benefited in 
proportion to said values such part, not exceeding one half, of the 
cost of the sidewalk as said commission shall deem just; but no such 
assessment shall exceed the amount of the special benefit received. All 
assessments so made shall constitute a lien upon the abutting land 
from and after the date of entry to construct, grade or complete the 
sidewalk under the order for such construction, grading or completion; 
but no lien or incumbrance shall be created by the adoption of such order. 
Section 2. This act shall take full effect upon its acceptance by 
vote of the city council of the city of Boston, subject to the provisions 
of its charter, but not otherwise. Approved April 8, 1958. 



Chap. 246. An Act making it a criminal offence to use the 
telephone for certain gaming purposes. 

Be it enacted, etc., as follows: 

Chapter 271 of the General Laws is hereby amended by inserting after 
section 17 the following section: — Section 17 A. "Whoever uses a tele- 
phone or, being a customer of a telephone company, knowingly permits 
another to use his telephone for the purpose of accepting wagers or 
bets, or buying or selling of pools, or for placing all or any portion of a 
wager with another, upon the result of a trial or contest of skill, speed, 
or endurance of man, beast, bird, or machine, or upon the result of an 
athletic game or contest, or upon the lottery called the numbers game, 
or for the purpose of reporting the same to a headquarters or booking 
office, or who under a name other than his own or otherwise falsely or 
fictitiously procures telephone service for himself or another for such 
purposes, shall be punished by a fine of not more than two thousand 
dollars or by imprisonment for not more than one year. 

Approved April 8, 1958. 

Chap. 247. An Act authorizing the town of cohasset to pay a 
sum of money to gilbert s. tower. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obligation, the 
town of Cohasset may appropriate and pay to Gilbert S. Tower the 
sum of one hundred and fifty-four dollars and six cents to reimburse 
him for payments which he made to the Spaulding-Moss Company for 
photostatic copies and blueprints in connection with a study made of 
the flood and pollution problems of James brook in said town. 

Section 2. Any action taken by the town of Cohasset at its annual 
town meeting in the current year pursuant to authority contained in 
section one shall be valid and effective for all purposes as though this 
act were in effect at the time of the posting of the warrant for said 
annual town meeting. Approved April 8, 1958. 



Acts, 1958. — Chaps. 248, 249. 129 

Chap. 248. An Act authorizing the trustees of the Bristol 
county agricultural school to erect and equip a 
new dormitory-dining hall building. 

Be it enacted, etc., as follows: 

Section 1. The trustees of the Bristol County Agricultural School 
may expend a sum, not exceeding two hundred and sixty-seven thou- 
sand four hundred and sixty dollars, to erect and equip a new dormitory- 
dining hall building to replace the present structure. 

Section 2. To provide funds for erecting and equipping the build- 
ing hereinbefore authorized, the treasurer of the county of Bristol may 
borrow from time to time on the credit of the county, with the approval 
of the county commissioners of said county, such sums, not exceeding, 
in the aggregate, two hundred and sixty-seven thousand four hundred 
and sixty dollars, as may be necessary, and may issue bonds or notes 
therefor, which shall bear on their face the words, Bristol County Agri- 
cultural School Loan, Act of 1958. Each authorized issue shall consti- 
tute a separate loan. Such bonds or notes shall be payable in such 
annual payments, beginning not more than one year from the date 
thereof, as will extinguish each loan in not more than twenty years 
from their dates, and so that the amount of such annual payment in 
any year shall not be less than the amount of the principal of the loan 
payable in any subsequent year. Such bonds or notes shall be signed 
by the treasurer of the county and countersigned by a majority of said 
county commissioners. The county may sell said securities at public or 
private sale upon such terms and conditions as said county commis- 
sioners may deem proper, but not for less than their par value. Indebt- 
edness incurred under this act shall, except as herein provided, be sub- 
ject to chapter thirty-five of the General Laws. 

Approved April 8, 1958. 



Chap. 249. An Act relative to awarding of contracts for 
construction and for the purchase of equipment, 
supplies and materials without advertising, in 
the city of peabody. 

Be it enacted, etc., as follows: 

Section 33 of chapter 300 of the Special Acts of 1916 is hereby amended 
by striking out, in line 2, the word "apparatus" and inserting in place 
thereof the word: — equipment, — and by striking out, in line 4, the 
word ''two" and inserting in place thereof the word: — five, — so as 
to read as follows : — Section 33. No contract for construction work or 
for the purchase of equipment, supplies or materials, whether the same 
shall be for repairs or original construction, the estimated cost of which 
amounts to or exceeds five hundred dollars, except in cases of special 
emergency involving the health or safety of the people or their property, 
shall be awarded unless proposals for the same shall have been invited 
by advertisements in at least one newspaper published in the city once 
a week for at least two consecutive weeks, the last publication to be at 
least one week before the time specified for the opening of the proposals. 
Such advertisements shall state the time and place where plans and 
specifications of the proposed work or supplies may be had, and the 



130 Acts, 1958. — Chaps. 250, 251. 

time and place for opening the proposals in answer to said advertise- 
ments, and shall reserve to the city the right to reject any or all pro- 
posals. All such proposals shall be opened in public. No bill or con- 
tract shall be split or divided for the purpose of evading any provision 
of this act. Approved April 8, 1958. 

Chap. 250. An Act to validate the laying out, alteration, 
relocation or discontinuance of certain public 
ways in the town of harwich. 

Be it enacted, etc., as follows: 

Section 1. The laying out, alteration, relocation or discontinuance 
of all public ways in the town of Harwich, previous to the year nineteen 
hundred and fifty-seven by the selectmen of said town in so far as such 
laying out, alteration, relocation or discontinuance may be invalid by 
reason of failure to comply with the provisions of chapters forty-one, 
seventy-nine, eighty and eighty-two of the General Laws, is hereby 
validated and confirmed. 

Section 2. This act shall take effect upon its acceptance by a ma- 
jority of the voters of the town of Harwich present and voting thereon 
at an annual or special town meeting called for the purpose, but not 
otherwise. Approved April 8, 1958. 

Chap. 251. An Act providing for the removal of hazardous 
conditions upon the cessation of the use of a 
structure for the keeping, storage, manufacture 
or sale of certain explosives and inflammable 
materials. 

Be it enacted, etc., as follows: 

Section 13 of chapter 148 of the General Laws, as amended, is hereby 
further amended by inserting after the second paragraph the following 
paragraph : — 

Every license granted under this section, and every certificate of 
registration filed under this section, shall be deemed to be granted or 
filed upon condition that if the land described in the license ceases to 
be used for the aforementioned uses, the holder of the license shall within 
three weeks after such cessation eliminate, in accordance with rules and 
regulations of the board, all hazardous conditions incident to such cessa- 
tion. If the holder of the license fails so to eliminate such conditions, 
the local licensing authority may eliminate such conditions; and a 
claim for the expense incurred by the local licensing authority in so 
doing shall constitute a debt due the city or town upon the completion 
of the work and the rendering of an account therefor to the holder of 
the license, and shall be recoverable from such holder in an action of 
contract. Said debt, together with interest thereon at the rate of six 
per cent per annum from the date said debt becomes due, shall consti- 
tute a lien on said land if a statement of claim, signed by the local licens- 
ing authority, setting forth the amount claimed without interest is filed, 
within ninety days after the debt becomes due, with the register of 
deeds for record or registration, as the case may be, in the county or in 
the district, if the county is divided into districts, where the land lies. 



Acts, 1958. — Chaps. 252, 253. 131 

Such lien shall take effect upon the filing of the statement aforesaid 
and shall continue for two years from the first day of October next 
following the date of such filing. Such lien may be dissolved by filing 
with the register of deeds for record or registration, as the case may be, 
in the county or in the district, if the county is di\'ided into districts, 
where the land lies, a certificate from the collector of the city or town 
that the debt for which such lien attached, together with interest and 
costs thereon, has been paid or legally abated. Such collector shall 
have the same powers and be subject to the same duties with respect 
to such claim as in the case of the annual taxes upon real estate; and the 
provisions of law relative to the collection of such annual taxes, the 
sale or taking of land for the non-payment thereof, and the redemption 
of land so sold or taken shall apply to such claim. 

Approved April 8, 1958. 

Chap. 252. An Act validating the action of the town of chil- 

MARK relative TO THE PURCHASE OF THE COMMUNITY 
CENTER PROPERTY IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. The action of the town of Chilmark taken at the annual 
town meeting held on February twenty-fourth, nineteen hundred and 
fifty-eight, in voting to purchase the Community Center property from 
the Chilmark Community Fund, Inc. for the sum of eighteen thousand 
dollars and, to finance said purchase, that the sum of fifteen hundred 
dollars be appropriated, that forty-five hundred dollars be taken from 
surplus revenue in the treasury, and that the treasurer, with the approval 
of the selectmen be authorized to borrow the sum of twelve thousand 
dollars and to issue notes therefor payable in accordance with the provi- 
sions of chapter forty-four of the General Laws, but payable in not more 
than six years, and all acts done in pursuance thereof, are hereby con- 
firmed and made valid, notwithstanding any provisions of section seven 
of chapter forty-four of the General Laws to the contrary. 

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

Approved April 11, 1958. 

Chap. 253. An Act authorizing the city of boston to sell and 

CONVEY TO northeastern UNIVERSITY CERTAIN PARK 
LAND IN THE FENWAY DISTRICT OF SAID CITY. 

Be it enacted, etc., as follows: 

Section L Notwithstanding any contrary provision of general or 
special law, the city of Boston, acting by its mayor, may sell and convey 
to Northeastern University, a corporation organized and existing under 
the laws of the commonwealth, any part or parts or the whole of the 
parcel of land belonging to said city and situate at the corner of Hemen- 
way Street and Forsyth Way, which contains approximately one acre 
and which is now under the care and custody of the parks and recreation 
commission of said city; provided, that such sale and conveyance is 
authorized, after two separate readings, by two separate votes of two 
thirds of all the members of the city council of said city, the first of said 
readings and votes to be had only after said sale and conveyance is 



132 Acts, 1958. — Chaps. 254, 255. 

recommended by said parks and recreation commission and the second 
of said readings and votes to be had in not less than fourteen days after 
the first. 

Section 2. This act shall take effect upon its passa'^e. 

Approved April 11, 1958. 

Chap. 254. An Act requiring that the will of the voters be 
ascertained before any public water supply system 
is fluoridated. 

Be it enacted, etc., as follows: 

Chapter 40 of the General Laws is hereby amended by inserting after 
section 41A, inserted by chapter 793 of the acts of 1949, the following 
section: — Section 4iB. No public water supply for domestic use in 
any city, town or district supplying such water which is not being 
fluoridated prior to September first, nineteen hundred and fift^^-eight 
shall thereafter be fluoridated by any such city, town or district or 
combination of two or more towns supplying such water jointly unless 
the will of the voters of such citj^, town or district, or of the towns 
being supplied such water by such combination of towns is first ascer- 
tained as herein provided. The board of water commissioners or other 
officers performing like duties may require that the following question 
be placed upon the official ballot to be used at the next regular municipal 
election or for the election of town officers at the next annual town meet- 
ing or meetings: — "Shall the public water supply for domestic use in 
(this city) (this town) (the towns of and ), 

be fluoridated?", or in such district may require that the following 
question be placed before the next annual meeting of the inhabitants of 
the district: — "Shall the public water supply for domestic use in this 
district be fluoridated?" 

If a majority of the votes in answer to said question is in the affirma- 
tive, it shall be deemed and taken to be the will of the voters of the said 
city, town or towns, or district that the public water supply for domestic 
use shall be fluoridated, and if a majority of said votes is in the negative, 
it shall be deemed and taken to be the will of said voters that such supply 
shall not be fluoridated. Approved April 11, 1958. 

Chap. 255. An Act authorizing the city of brockton to convey 

CERTAIN park LAND AND GARAGE BUILDING THEREON TO 
GORDON SIMPSON. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton is hereby authorized, through its 
mayor, to convey to Gordon Simpson of said city the land and garage 
building thereon located within land of the park department of said city 
off Pleasant street; provided, however, that as consideration for said 
conveyance said Gordon Simpson shall construct a garage equal in size 
to the existing structure in accordance with plans and specifications 
approved by the park commissioners at a place within the park area 
designated by said commissioners. 

Section 2. This act shall take effect upon its acceptance by vote of 
the city council of said city, subject to the provisions of its charter, but 
not otherwise. Approved April 11, 1958. 



Acts, 1958. — Chaps. 256, 257, 258. 133 

Chap. 256. An Act relative to the admissibility in evidence 
against a defendant in a criminal trial of state- 
ments made by him while undergoing a psychiatric 
examination. 

Be it enacted, etc., as follows: 

Chapter 233 of the General Laws is hereby amended by inserting 
after section 23A the following section: — Section 23B. In the trial 
of an indictment or complaint for any crime, no statement made by a 
defendant therein subjected to psychiatric examination pursuant to 
sections one hundred or one hundred A of chapter one hundred and 
twenty-three for the purposes of such examination or treatment shall be 
admissible in evidence against him on any issue other than that of his 
mental condition, nor shall it be admissible in evidence against him on 
that issue if such statement constitutes a confession of guilt of the 
crime charged. Approved April 15, 1958. 



Chap. 257. An Act relative to the time when a certificate of 
substitution of the name of a candidate for nom- 
ination under plan a in the city of boston must 
be filed with the election commission. 

Be it enacted, etc., as follows: 

The first paragraph of section 57B of chapter 452 of the acts of 1948, 
as appearing in section 2 of chapter 376 of the acts of 1951, is hereby 
amended by striking out the second sentence and inserting in place 
thereof the following sentence : — If a candidate so withdraws his 
name from nomination before five o'clock in the afternoon of the twenty- 
ninth day preceding the preliminary election, or is found to be ineligible 
or dies, the vacancy may be filled by a committee of not less than five 
persons or a majority thereof, if such committee be named and so 
authorized in the nomination petition; provided, however, that all 
certificates of substitution, except any certificate of substitution for a 
deceased candidate for mayor under Plan A, shall be filed with the elec- 
tion commission at or before five o'clock in the afternoon on said twenty- 
ninth day. Approved April 15, 1958. 



Chap. 258. An Act providing for the admission of children 

WITH chronic diseases TO THE NORTH READING STATE 
SANATORIUM. 

Be it enacted, etc., as follows: 

Chapter 111 of the General Laws is hereby amended by striking out 
section 65B, inserted by chapter 453 of the acts of 1945, and inserting 
in place thereof the following section: — Section 65B. Upon written 
application of a registered physician, the department may admit to 
North Reading state sanatorium children suffering from rheumatic 
heart disease, and children with chronic diseases; provided, that no 
child shall be so admitted who has not been a resident of the common- 
wealth for at least twelve months preceding the date of such application. 

Approved April 15, 1958. 



134 Acts, 1958. — Chaps. 259, 260, 261. 

Chap. 259. An Act authorizing the city of laweence to refund 

CERTAIN taxes ERRONEOUSLY ASSESSED AND COLLECTED 
FROM ALEXANDER J. CODY. 

Be it enacted, etc., as follows: 

Section 1. The city of Lawrence is hereby authorized to refund to 
Alexander J. Cody of Lawrence the sum of four hundred and sixty-four 
dollars, the same being the amount collected by said city from said Cody 
as taxes in the years nineteen hundred and fifty-five and nineteen 
hundred and fifty-six upon certain personal property in said city, which 
was erroneously assumed by the assessors of said city to have been the 
property of said Cody. No payment shall be made hereunder until 
there has been filed with the city auditor of Lawrence an agreement 
signed by said Alexander J. Cody that the amount, if any, paid or to be 
paid for legal services rendered in connection with the passage of this 
act shall not exceed ten per cent of the amount paid or payable hereunder. 

Section 2. This act shall take effect upon its acceptance by the 
city council of said city, subject to the provisions of its charter, but not 
othermse. Approved April 15, 1958. 

Chap. 260. An Act authorizing the city of Lawrence to refund 

certain taxes erroneously ASSESSED UPON AND COL- 
LECTED FROM MAX FREEDMAN. 

Be it enacted, etc., as follows: 

Section L The city of Lawrence is hereby authorized to refund to 
Max Freedman of Lawrence the sum of fourteen hundred and ten 
dollars, the same being the amount which has heretofore been collected 
by said city from said Freedman as taxes upon certain personal property 
in the years nineteen hundred and forty-seven to nineteen hundred and 
fifty-five, inclusive, which was erroneously assumed by the assessors of 
said city to have been the property of said Freedman. No payment 
shall be made hereunder until there has been filed with the city auditor 
of Lawrence an agreement signed by said Max Freedman that the 
amount, if any, paid or to be paid for legal services rendered in connec- 
tion with the passage of this act shall not exceed ten per cent of the 
amount paid or payable hereunder. 

Section 2. This act shall take effect upon its acceptance by the 
city council of said city, subject to the provisions of its charter, but not 
otherwise. Approved April 15, 1958. 

Chap. 26L An Act increasing the rate of interest which the 

GLOUCESTER INDUSTRIAL DEVELOPMENT COMMISSION MAY 
PAY ON ITS BONDS. 

Be it enacted, etc., as follows: 

Section L Section 3 of chapter 786 of the acts of 1951 is hereby 
amended by striking out the seventh sentence and inserting in place 
thereof the following sentence: — The commission may sell such bonds 
in such manner, either at public or at private sale, and for such price 
and with such rates of interest not exceeding six per cent as it may 
determine to be for the best interests of the commission. 

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

Approved April 16, 1958. 



Acts, 1958. — Chaps. 262, 263, 264, 265. 135 

Chap. 262. An Act authorizing the town of fairhaven to com- 
pensate SUSAN B. VINCENS FOR SERVICES AS AN ASSESSOR 
IN SAID TOWN. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to the contrary 
the town of Fairhaven is hereby authorized to compensate Susan B. 
Vincens for services rendered and to be rendered as an assessor in said 
town for the period commencing February first, nineteen hundred and 
fifty-eight and ending February first, nineteen hundred and fifty-nine; 
provided, that the said Susan B. Vincens files with the treasurer of said 
town a written statement wherein she waives and renounces for herself, 
her heirs and her legal representatives her right to receive her retirement 
allowance for the period for which such compensation is payable; and 
provided, further, that there shall be deducted from the compensation 
for such service rendered prior to the effective date of this act an amount 
equal to the retirement allowance received by the said Susan B. Vincens 
from said February first to said effective date. 

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

Approved April 16, 1958. 

Chap. 263. An Act requiring that advertising by .\ master 
plumber shall contain his license number. 

Be it enacted, etc., as follows: 

Section 3 of chapter 142 of the General Laws, as amended by chapter 
382 of the acts of 1948, is hereby further amended by adding at the end 
the following sentence: — Any sign, listing or advertisement of a master 
plumber purporting to offer services regulated and controlled by this 
chapter shall contain the license number of such master plumber. 

Approved April 16, 1958. 

Chap. 264. An Act relative to the collection by co-operative 
banks of utility company bills. 

Be it enacted^ etc., as follows: 

Chapter 170 of the General Laws is hereby amended by inserting 
after section 12A the following section: — Section 12B. Such corpora- 
tion at its main office or at any branch office may, for the account of 
any utility company, collect payments on bills representing indebted- 
ness thereto. Approved April 16, 1958. 

Chap. 265. An Act relative to the observance of susan b. 
anthony day. 

Be it enacted, etc., as follows: 

Chapter 6 of the General Laws is hereby amended by inserting after 
section 15D, inserted by chapter 125 of the acts of 1958, the following 
section: — Section 15E. The governor shall annually issue a proclama- 
tion setting aside the twenty-sixth day of August as Susan B. Anthony 
Day, recommending its observance by the public in honoring the woman 



136 Acts, 1958. — Chaps. 266, 267, 268. 

who was the organizer, lecturer, campaigner and ardent advocate in the 
fight for American woman suffrage, and whose unfaihng efforts cul- 
minated in the prohibition of the denial of the right to vote on account of 
sex. Approved April 16, 1958. 



Chap. 266. An Act extending the provisions of law granting 
fire fighters injured leave, without loss of com- 
pensation, to certain other members of a fire de- 
partment. 

Be it enacted, etc., as follows: 

Section 11 IF of chapter 41 of the General Laws, inserted by chap- 
ter 419 of the acts of 1952, is hereby amended by adding at the end 
the following sentence : — This section shall also apply to any member 
of a fire department who is subject to the provisions of chapter one 
hundred and fifty- two if he is injured at a fire and if he waives the pro- 
visions of said chapter. Approved April 16, 1968. 



Chap. 267. An Act requiring cities, towns and districts to 
indemnify fire fighters assigned to special duty 
for certain expenses or damages. 

Be it enacted, etc., as follows: 

Section 100 of chapter 41 of the General Laws is hereby amended by 
striking out the fifth sentence, as amended by chapter 1G8 of the acts of 
1955, and inserting in place thereof the following sentence: — This 
section shall also be construed to require a city, town or district to 
indemnify, in the manner and to the extent herein provided, any poUce 
officer or fire fighter who is assigned to special duty by a superior officer 
for expenses or damages sustained by such member in the performance 
of such duty, whether such member is paid for such special duty by the 
city, town or district, or otherwise. Approved April 16, 1958. 



Chap. 268. An Act authorizing the department of public health 
TO make contracts for the operation of concessions 
in institutions under its charge. 

Be it enacted, etc., as follows: 

Section 69J of chapter 111 of the General Laws, inserted by chapter 
497 of the acts of 1956, is hereby amended by striking out, in line 4, the 
words "Lemuel Shattuck Hospital" and inserting in place thereof the 
words: — institutions under its charge, — so as to read as follows: — 
Section 69J. The department is authorized to make contracts with 
private persons or corporations for the operation of concessions in insti- 
tutions under its charge. Approved April 16, 1958. 



Acts, 1958. — Chaps. 269, 270, 271. 137 

Chap. 269. An Act authorizing the town of clinton to use cer- 
tain PARK land, known AS CENTRAL PARK, FOR GENERAL 

school purposes. 
Be it enacted, etc., as follows: 

Section 1. The town of Clinton is hereby authorized to use, for 
general school purposes and for the erection thereon of such school 
buildings as it may determine, the land in said town bounded: — North- 
erly by Church street, easterly by Chestnut street, southerly by Union 
street, and westerly by Walnut street, containing four acres of land more 
or less, which land is presently referred to as Central Park. 

Section 2. This act shall be submitted for acceptance to the voters 
of said town at a special election to be called for the purpose within 
sixty days after the passage of this act, in the form of the following ques- 
tion which shall be placed upon the official ballot: — "Shall an act 
passed by the general court in the year nineteen hundred and fifty- 
eight, which authorizes the town of Cfinton to use, for general school 
purposes and for the erection thereon of such school buildings as it may 
determine, certain land now held for park purposes bounded northerly 
by Church street, easterly by Chestnut street, southerly by Union 
street, and westerly by Walnut street, containing four acres of land 
more or less, which land is presently referred to as Central Park, 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 April 16, 1958. 



Chap. 270. An Act requiring that the date on which answers 
TO interrogatories are signed be stated therein. 

Be it enacted, etc., as follows: 

Section 62 of chapter 231 of the General Laws, as appearing in the 
Tercentenary Edition, is hereby amended by adding at the end the 
following sentence : — Said answers shall state the date on which the 
same were signed. Approved April 16, 1958. 



Chap. 271. An Act authorizing the city of boston to pay a sum 
of money to francis d. garvey to reimburse him for 
certain injuries, 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obligation, the 
city of Boston is hereby authorized to appropriate and pay not more 
than three thousand five hundred dollars to Francis D. Garvey of Chelsea 
for damages incurred as a result of injuries sustained at the stadium at 
South Boston while officiating at a football game sponsored by the recre- 
ational division of the park department of said city. 

Section 2. This act shall take full effect upon its acceptance by vote 
of the city council of said city, and the approval of its mayor. 

Approved April 21, 1968. 



138 Acts, 1958. — Chaps. 272, 273. 

Chap. 272. An Act to alter, revise and relocate the town 
boundary between the towns of great barrington 
and stockbridge in the county of berkshire. 

Be it enacted, etc., as follows: 

Section 1. The boundary line between the towns of Great Barrington 
and Stockbridge in the county of Berkshire is hereby altered, revised 
and relocated so that the following described parcel of land together 
with the buildings thereon shall henceforth be wholly within the town 
of Great Barrington and not in the town of Stockbridge : — Beginning 
at a stone bound which bound is the town boundary of the towns of 
Great Barrington, Stockbridge and West Stockbridge; thence along the 
town line between the towns of Great Barrington and Stockbridge 
about three hundred and ninety-eight (398) feet in a southeasterly 
direction to a point at a corner of lands now or formerly of Monument 
Mills, Inc. thence northerly eleven degrees thirty minutes east about 
one hundred and ninety-eight (198) feet to an iron pipe set in the ground; 
thence northerly seventy-one degrees forty-five minutes west about 
two hundred and sixty-nine (269) feet to an iron bar; thence northerly 
seventy-one degrees forty-five minutes west about one hundred and 
twenty-four (124) feet to an iron pipe set in the ground on the line be- 
tween the towns of Stockbridge and West Stockbridge; thence in a 
southwesterly direction on said town line between Stockbridge and 
West Stockbridge about two hundred and twenty-six (226) feet to the 
point or place of beginning. Containing one and three fourths acres 
of land, more or less. 

Section 2. The department of public works shall locate and define 
the change in the town boundaries set forth in section one in the manner 
provided in section seven of chapter forty-two of the General Laws. 

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

Approved April 21, 1958. 



Chap. 273. An Act providing for the modification of off- 
street PARKING facility LEASES OF THE CITY OF BOSTON 
IN CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 1 of chapter 474 of the acts of 1946 is hereby amended by 
adding at the end the following paragraph : — 

Any provision of this act to the contrary notwithstanding, any lease 
entered into under this act for a period exceeding three years may be 
modified by written agreement so as to require the payment of an in- 
creased rental during the remainder of its term and to permit the 
structure constructed under it to be enlarged by the lessee without cost 
to the city by the construction of one or more additional stories in 
accordance with detailed plans and specifications made a part of such 
agreement; provided, that the ratio of the increase in rent is not less 
than the ratio of the increase in floor area. 

Approved April 21, 1958. 



Acts, 1958. — Chap. 274. 139 

Chap. 274. An Act clarifying certain provisions of law rela- 
tive TO THE issuance OF MOTOR VEHICLE NUMBER 
PLATES. 

Be it enacted, etc., as follows: 

Section 2 of chapter 90 of the General Laws is hereby amended by 
striking out the seventh paragraph, as most recently amended by 
section 4 of chapter 417 of the acts of 1957, and inserting in place 
thereof the following paragraph : — 

The registrar shall furnish at his office, without charge, to every 
person whose motor vehicle is registered under this chapter, two number 
plates of suitable design, and to every person whose trailer is so regis- 
tered, one such number plate, having displayed thereon the register 
number assigned to that vehicle; provided, that number plates assigned 
to ambulances, fire engines and apparatus, pofice patrol wagons and 
other vehicles used by the police department of any city or town or 
park board solely for the official business of such department or board, 
and pleasure passenger vehicles owned by veterans who, according to 
the records of the United States Veterans' Administration, by reason 
of service in the armed forces of the United States have suffered loss or 
permanent loss of use of one or both feet; or loss or permanent loss of 
use of one or both hands; or permanent impairment of vision of both 
eyes of the following status: central visual acuity of 20/200 or less in 
the better eye, with corrective glasses, or central visual acuity of more 
than 20/200 if there is a field defect in which the peripheral field has 
contracted to such an extent that the widest diameter of visual field 
subtends an angular distance no greater than twenty degrees in the 
better eye, and to vehicles registered by any member of a foreign dip- 
lomatic corps or by any foreign consular officer who is not a citizen of 
the United States may be of a distinctive type or types. The registrar 
may, upon payment of the registration fee as required in section thirty- 
three, furnish at his office such distinctive plates to duly appointed 
foreign diplomatic representatives or foreign consular officers who are 
citizens of the United States. The registrar may also furnish plates of 
a distinctive type or types for a pleasure passenger vehicle owned and 
operated by any person who has suffered the loss or permanent loss of use 
of one or both feet, or of both hands, and he may determine such stand- 
ards of disability and of qualification for the issuance of said plates as 
he deems proper. Any number plate furnished under this paragraph 
shall, except as provided by section nine, and except in case the registrar 
for any valid reason extends the time, be valid only for the year for 
which it is issued. If the registrar extends the time he may make rules 
and regulations requiring the display of visible evidence upon every 
motor vehicle that it has been registered and that the plates in use 
thereon are valid. Any plate becoming illegible because of construction 
defects shall be replaced by the registrar without cost. 

Approved April 21, 1958. 



140 Acts, 1958. — Chaps. 275, 276. 

Chap. 275. An Act providing that every taxicab regularly op- 
erating OUT OF THE LOGAN INTERNATIONAL AIRPORT 
UNDER A PERMIT SHALL HAVE THE NAME AND ADDRESS 
OF ITS OWNER PAINTED ON ITS SIDES IN LETTERS NOT 
LESS THAN FOUR INCHES HIGH. 

Be it enacted, etc., as follows: 

Section SOD of chapter 90 of the General Laws is hereby amended by 
inserting after the first paragraph, as amended by chapter 452 of the 
acts of 1955, the following paragraph: — 

Every taxicab operating out of the General Edward Lawrence Logan 
International Airport under any permit required by any such rule or 
regulation shall have the name or the trade name and the address of 
the owner of such vehicle painted on the sides thereof in letters not less 
than four inches high and one half inch wide. 

Approved April 21, 1958. 



Chap. 276. An Act further regulating the possession, purchase 

OR SALE OF hypodermic SYRINGES AND NEEDLES AND 
OTHER SIMILAR INSTRUMENTS. 

Be it enacted, etc., as follows: 

Section 211 of chapter 94 of the General Laws, as appearing in sec- 
tion 1 of chapter 660 of the acts of 1957, is hereby amended by striking 
out paragraphs (a), (h) and (c) and inserting in place thereof the fol- 
lowing three paragraphs: — 

(a) No person, not being a physician, dentist, nurse or veterinarian 
registered under the laws of this commonwealth, or of the state where 
he resides, or a registered embalmer, manufacturer of or dealer in em- 
balming supplies, pharmacist, wholesale druggist, manufacturing phar- 
macist, manufacturer of or dealer in surgical supplies, official of any 
government having possession of the articles hereinafter mentioned by 
reason of his official duties, nurse acting under the direction of a physi- 
cian or dentist, employee of a hospital acting under the direction of its 
superintendent or officer in immediate charge, or a carrier or messenger 
engaged in the transportation of such articles, or a person who has re- 
ceived a written prescription issued under paragraph (c), or a chiropo- 
dist or podiatrist who has received a certificate from the board of regis- 
tration in chiropody (podiatry) stating that upon examination by said 
board he has been determined to be competent to use hypodermic 
needles, shall have in his possession a hypodermic syringe, hypodermic 
needle, or any instrument adapted for the administration of narcotic 
drugs by subcutaneous injection. 

(6) No such syringe, needle or instrument shall be delivered or sold 
to, or exchanged with, any person except a pharmacist, dentist, physi- 
cian, veterinarian, registered embalmer, manufacturer of or dealer in 
embalming supplies, wholesale druggist, manufacturing pharmacist, 
manufacturer of or dealer in surgical supplies, an official of any govern- 
ment agency requiring the use of such syringe, needle or instrument by 
reason of his official duties, nurse upon the written order of a physician 
or dentist, or a person who has received a written prescription issued 
under paragraph (c), a podiatrist or chiropodist certified as aforesaid, 



Acts, 1958. — Chaps. 277, 278. 141 

or an employee of a hospital or scientific institution upon the written 
order of its superintendent or officer in immediate charge. 

(c) A physician may issue to a patient under his immediate charge 
a written prescription to purchase, from a pharmacist only, any of the 
instruments specified in paragraph (a). Such prescription shall con- 
tain the name and address of the patient, the description of the instru- 
ment prescribed and the number of instruments prescribed. The phar- 
macist filling the prescription shall record upon the face of said pre- 
scription, over the signature of the pharmacist making the sale, the date 
of such sale. Such prescription may be renewed or refilled for a period 
of one year unless the physician indicates otherwise on the prescription, 
and each refilling shall be noted upon the prescription. No prescrip- 
tion for such instruments shall be refilled for more than one year from 
date of issue. Approved April 21, 1958. 



Chap. 277. An Act relating to the "time limit on certain 
defenses" provision of individual accident and 

SICKNESS insurance POLICIES. 

Be it enacted, etc., as follows: 

Provision (2) of paragraph (a) of subdivision 3 of section 108 of 
chapter 175 of the General Laws, as appearing in section 1 of chapter 275 
of the acts of 1954, is hereby amended by striking out, in line 28, the 
word "three" and inserting in place thereof the word: — two. 

Approved April 21, 1958. 



Chap. 278. An Act authorizing the restoration or substitution 

OF SERIAL numbers WHICH HAVE BEEN MUTILATED OR 
REMOVED FROM TRAILERS. 

Be it enacted, etc., as follows: 

Section 32A of chapter 90 of the General Laws is hereby amended by 
striking out the first paragraph, as appearing in the Tercentenary Edi- 
tion, and inserting in place thereof the following paragraph: — When 
the serial number of a motor vehicle or trailer or of the engine of a 
motor vehicle has been removed, defaced, altered, changed, destroyed, 
obliterated or mutilated, the registrar may issue to any person applj'^- 
ing therefor a certificate authorizing the restoration upon such motor 
vehicle or trailer or upon the engine of such motor vehicle of its original 
serial number, or the substitution therefor of a number designated by 
the registrar which shall thereafter be regarded as the number properly 
to be used for purposes of registration and identification of said motor 
vehicle or trailer. In this section, the phrase "serial number" shall 
mean, when used with reference to a motor vehicle or trailer, the number 
affixed by the maker thereof and, when used with reference to the en- 
gine of a motor vehicle, the engine number, both as required to be con- 
tained in an application for registration of a motor vehicle or trailer by 
section two. Approved April 21, 1958. 



142 Acts, 1958. — Chaps. 279, 280, 281. 

Chap. 279. An Act providing that the question of accepting the 
provisions of law providing for a forty-eight hour 
week for members of fire departments may be sub- 
mitted to voters in a city or town at a municipal 
election. 

Be it enacted, etc., as follows: 

Section 58B of chapter 48 of the General Laws, as most recently 
amended by section 1 of chapter 713 of the acts of 1957, is hereby 
further amended by striking out the second paragraph and inserting in 
place thereof the following paragraph : — 

Upon petition of not less than ten per cent of the registered voters in 
any city or town, duly certified by the registrars of voters and filed with 
the state secretary not less than sixty days before a state election, or 
filed with a city or town clerk not less than sixty days before a municipal 
election, the state secretary, or the city or town clerk shall cause to be 
printed upon the official ballot to be used in such city or town at such 
state or municipal election the following question: — "Shall section 
fifty-eight B of chapter forty-eight of the General Laws, providing for a 
forty-eight hour week for permanent members of fire departments, be 
accepted? " If a majority of the votes cast on said question in any city 
or town are in the affirmative, this section shall take effect in such city 
or town ninety days thereafter. Approved April 21, 1958. 



Chap. 280. An Act requiring candidates for nomination by a 

POLITICAL party AT PRIMARY ELECTIONS FOR THE OFFICE 
OF CITY CLERK OR TREASURER IN THE CITY OF SPRINGFIELD 
TO BE CERTIFIED AS ENROLLED MEMBERS OF SUCH PARTY. 

Be it enacted, etc., as follows: 

Chapter 580 of the acts of 1953 is hereby amended by striking out 
section 1 and inserting in place thereof the following section : — 
Section 1 . There shall not be printed on the ballot at a primary election 
in the city of Springfield the name of any person as a candidate for 
nomination for mayor, city clerk or treasurer, or for the board of alder- 
men, the common council, or the school committee, unless he is certified 
by the board of election commissioners as an enrolled member of the 
political party whose nomination he seeks. 

Approved April 21, 1958. 



Chap. 281. An Act relative to the taking of green crabs. 

Be it enacted, etc., as follows: 

Chapter 130 of the General Laws is hereby amended by inserting after 
section 37 the following section : — Section 37 A . Any person may take 
green crabs, more specifically known as the species Carcinides Maenas, 
provided, that such person (a) gives written notice to such effect to 
the director, (6) marks all traps, gear and buoys in a uniform manner in 
accordance with requirements set forth by said director, and (c) files 
an annual report with the director setting forth the approximate number 
of bushels of said crabs taken each month of the year and whether such 



Acts, 1958. — Chap. 282. 143 

crabs were destroyed or used for bait purposes in the commonwealth. 
Any person subject to the provisions of this section shall comply with 
regulations which the director is hereby authorized to promulgate from 
time to time. Approved April 21, 1958. 

Chap. 282. An Act increasing the amount of exemption from 
taxation of real property of veterans who lost 
the sight of one eye. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to provide immediately for an increase in the amount 
of the exemption from taxation of real property of certain veterans, 
therefore it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the pubUc convenience. 

Be it enacted, etc., as follows: 

Section 1. Clause Twenty-second of section 5 of chapter 59 of the 
General Laws is hereby amended by striking out the first sentence, as 
most recently amended by section 1 of chapter 525 of the acts of 1957, 
and inserting in place thereof the following sentence : — Real estate 
of the following classes of persons, excepting persons described in para- 
graph (a) who are legal residents of the commonwealth to the amount 
of two thousand dollars in the case of each person, and real estate of 
persons described in paragraph (a) who are legal residents of the com- 
monwealth to the amount of four thousand dollars; provided, such real 
estate is occupied in whole or in part as his domicile by such person; 
and provided, further, that if the spouse of the soldier or sailor as de- 
fined in paragraph (a) is also a soldier or sailor, each shall receive the 
amount of the exemption provided in this clause to the same extent 
as if unmarried; and provided, further, that the real estate of the person 
so exempted or the combined real estate of a soldier or sailor and his 
wife does not exceed eight thousand dollars, exclusive of the value of 
the mortgage interest held by persons other than the person to be 
exempted in such mortgaged real estate as may be included in said 
whole estate or combined property; but if, said whole estate or com- 
bined property of a soldier or sailor described in paragraph (a) and his 
wife being less than four thousand dollars the sum total thereof and of 
such mortgage interest exceeds four thousand dollars, the amount so 
exempted shall be four 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 chap- 
ter 59 is hereby further amended by striking out paragraph (a), as 
amended by section 2 of said chapter 525, and inserting in place thereof 
the following paragraph: — 

(a) Persons who served in the armed forces of the United States 
between February fifteenth, eighteen hundred and ninety-eight and 
July fourth, nineteen hundred and two, between April sixth, nineteen 
hundred and seventeen and November eleventh, nineteen hundred and 
eighteen or were awarded the World War I Victory Medal, between 
September sixteenth, nineteen hundred and forty and December thirty- 



144 Acts, 1958. — Chap. 283. 

first, nineteen hundred and forty-six, or between June twenty-fifth, 
nineteen hundred and fifty and January thirty-first, nineteen hundred 
and fifty-five and whose last discharge or release from the armed forces 
was under other than dishonorable conditions; and who were domiciled 
in Massachusetts for at least six months prior to entry into such service, 
or who have resided in the commonwealth for five consecutive years 
next prior to date of filing for exemption under this section, hereinafter 
referred to in clause Twenty-second as soldiers and sailors, who, by 
reason of injury received or disease contracted while in such service and 
in the line of duty, lost or have suffered permanent loss of use of one foot 
at or above the ankle or lost or have suffered permanent loss of use of 
one hand at or above the wrist or is receiving a statutory award from the 
Veterans Administration for such loss or loss of sight of one eye. After 
the assessors have allowed an exemption under this paragraph or para- 
graph (/), (g) if it relates to widows, and (h), no further evidence of the 
existence of the facts required by this paragraph or by any of said para- 
graphs shall be required in any subsequent year in the city or town in 
which the exemption has been so allowed. Two thousand dollars of an 
exemption of real estate of persons described in this paragraph shall be 
borne by the city or town. The balance, up to two thousand dollars, 
shall be borne by the commonwealth, and the state treasurer shall 
annually reimburse the city or town for the amount of the tax which 
otherwise would have been collected on account of this balance. 

Section 3. This act shall take effect as of January first, nineteen 
hundred and fifty-eight and shall be applicable to taxes levied in the 
year nineteen hundred and fifty-eight and subsequent years. 

Approved April 22, 1958. 



Chap. 283. An Act to extend the scope of the abandoned prop- 
erty LAW. 
Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to extend the scope of the abandoned property law, 
so called, to enable the acquisition by the commonwealth of property 
presumably abandoned by non-residents, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Chapter 200A of the General Laws is hereby amended by striking out 
section 5, as appearing in chapter 801 of the acts of 1950, and inserting 
in place thereof the f ollomng section : — Section 6. All dividends, 
stocks, bonds, money, credits and claims for money and credits, and all 
intangible personal property, and the increments of any of them, held 
by, or in the control of, any person having a residence or principal 
place of business in this commonwealth, other than a corporation 
organized under the laws of another state, but including any fiduciary 
appointed in this commonwealth for such a corporation, for the benefit 
of any person, or held by, or in the control of, a corporation organized 
under the laws of another state but having a place of business in this 
commonwealth, for the benefit of any person whose last known residence 
or place of business was in this commonwealth, shall be presumed aban- 
doned unless claimed by the beneficiary or person entitled thereto 



Acts, 1958. — Chaps. 284, 285. 145 

within fourteen years from the time the holder, trustee or other respon- 
sible person became obligated to return them or their equivalent to the 
proper owner or claimant. Approved April 22, 1958. 



Chap. 284. An Act relative to the lease and sale of certain 

LAND IN the DORCHESTER DISTRICT OF THE CITY OF BOS- 
TON BELONGING TO SAID CITY AND NOW UNDER THE CARE 
AND CUSTODY OF ITS PARKS AND RECREATION COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any contrary pro\dsion of general or 
special law, the city of Boston, acting by its parks and recreation com- 
mission with the approval of its mayor, may lease to Rice Post No. 28 
American Veterans of World War II and Korea, Inc. for use as a recre- 
ational area and headquarters for said post, but for no other purpose, 
for such period, not exceeding thirty years, and upon such further terms 
as said commission shall determine, so much as said commission may 
designate of the parcel of land situate on the southerly side of Christopher 
street in the Dorchester district of said city and shown as Parcel "A^" 
on City of Boston Public Works Department Survey Division plan 
dated September 1, 1955 and numbered K 528; provided, that such 
lease is authorized, after two separate readings, by two separate votes 
of two thirds of all the members of the city council of said city, the 
second of said readings and votes to be had not less than fourteen days 
after the first. 

Section 2. The provisions of section two A of chapter four hundred 
and thirty-four of the acts of nineteen hundred and forty-three, as in- 
serted by chapter one hundred and fifty-nine of the acts of nineteen hun- 
dred and fifty-one, exclusive of the last sentence thereof, shall, notwith- 
standing the provisions of said last sentence, apply to so much of said 
Parcel ''A^" as by October first in the current year has not been leased 
under section one. 

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

Approved April 22, 1958. 



Chap. 285. An Act authorizing the county commissioners of 
barnstable county to purchase a new airplane to 
replace the airplane presently used for the pre- 
VENTION AND DETECTION OF FIRES. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county of Barnstable 
are hereby authorized to purchase a new airplane to replace the air- 
plane presently used for the prevention and detection of fires and other 
purposes. For said purpose the commissioners may expend out of any 
available funds the sum of forty-five hundred dollars, which sum shall 
be included in the appropriation for the current year for said county. 

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

Approved April 22, 1958. 



146 Acts, 1958. — Chap. 286. 

Chap. 286. An Act making certain corrective changes in the 
charter of the city of malden, 

Be it enacted, etc., as follows: 

Section 1. Chapter 169 of the acts of 1881, as amended, is hereby- 
further amended by striking out section 9 and inserting in place thereof 
the following section : — Section 9. On the second Tuesday of Novem- 
ber biennially the qualified voters in the several wards shall give in 
their votes by ballot for mayor, city councillors, and school committee, 
in accordance with the provisions of law. All the votes so given shall 
be assorted, counted and declared and recorded in open ward meeting, 
by causing the names of the persons voted for and the number of votes 
given for each to be written in the ward record at length. The clerk 
of the ward within twenty-four hours thereafter shall deliver to the 
city clerk a copy of the record of such elections certified by the warden 
and clerk and the majority of the inspectors of elections. The city 
council shall, within ten days thereafter, examine the copies of the 
records of the several wards, certified as aforesaid, and shall cause the 
person who shall have been chosen mayor to be notified in writing of 
his election; but if it shall appear that no person has been chosen, or if 
the person chosen shall refuse to accept the oflSce, the city council shall 
issue warrants for a new election, and the same proceedings shall be 
had in all respects as are hereinbefore provided for the choice of mayor, 
and from time to time shall be repeated until a mayor shall be chosen 
and shall accept said office. Whenever by reason of sickness or other 
cause the mayor shall be disabled from performing the duties of his 
office, or whenever he shall be absent temporarily from the city, the 
president of the city council shall become acting mayor during the 
period that the mayor is disabled or absent. The acting mayor shall 
during the continuance of such disability have all the rights and powers 
of mayor, except that he shall not when so acting make any permanent 
appointment, unless such disability of the mayor has continued for a 
period of thirty days, nor shall he approve or disapprove any ordinance, 
order, resolution or vote until within twenty-four hours of the time 
when it would take effect without the approval of the mayor. In case 
such disability of the mayor continues for a period exceeding sixty 
days, the city council maj^ at any time after the expiration of that 
period declare a vacancy to exist in the office of the mayor. If a vacancy 
by death, resignation or otherwise occurs in the office of mayor before 
the last six months of the term of office the city council shall order an 
election for a mayor to serve for the unexpired term; and if such va- 
cancy occurs in the office of mayor in the last six months of the term 
the president of the city council shall succeed to said office for the 
unexpired term. Whenever it appears that there is a vacancy in the 
office of mayor the city council shall issue warrants for a new election 
as above provided. 

Whenever there is a vacancy in the office of mayor pending the elec- 
tion and installation of a new mayor, as provided in this section, the 
president of the city council, as above provided, shall act as mayor, and 
possess the same rights and powers as mayor during such vacancy as 
are above provided for in the case of acting mayor. Each councillor 
shall be notified in writing of his election by the mayor and city coun- 



Acts, 1958. — Chap. 286. 147 

cil for the time being. The oath prescribed by this act shall be ad- 
ministered to the mayor by the city clerk, or by any justice of the peace. 
The city councillors-elect shall on the first Monday of January at eight 
o'clock in the evening meet in convention, when the oath required by 
this act shall be administered to the city councillors-elect by the mayor 
or by any justice of the peace; and a certificate of such oath having been 
taken shall be entered upon the journals of the mayor and the city 
council by its clerk. After the oath of office has been administered as 
aforesaid the city council shall be organized by the selection of a 
president. 

In case of the absence of the mayor-elect on the first Monday of 
January, or if the mayor shall not then have been chosen, the city 
council shall organize itself in the manner hereinbefore provided, and 
may proceed to business in the same manner as if the mayor were pres- 
ent; and the oath of office may at any time thereafter in a convention 
of the city council be administered to the mayor and any member of 
the city council who may have been absent at the organization. The 
city council shall keep a record of its own proceedings, and judge of the 
election of its own members; and in case of failure of election, or in 
case of vacancy declared by the city council, the mayor and city coun- 
cil shall issue their warrant for a new election. 

Section 2. Said chapter 169 is hereby further amended by striking 
out said section 1 1 and inserting in place thereof the following section : — 
Section 11. Every ordinance, order, resolution or vote shall be pre- 
sented to the mayor. If he approves thereof he shall signify his ap- 
proval by signing the same; but if he does not approve thereof, he shall 
return the ordinance, order, resolution or vote, with his objections in 
writing, to the city council. The city council shall enter the objections 
of the mayor on its records and proceed to reconsider said ordinance, 
order, resolution or vote; and if approved by two thirds of the mem- 
bers it shall be in force; but in all cases the vote shall be determined 
by yeas and nays; and if such ordinance, order, resolution or vote is 
not returned by the mayor within ten days after it has been presented 
to him the same shall be in force. 

Section 3. Chapter 550 of the acts of 1955 is hereby amended by 
striking out section 1 and inserting in place thereof the following sec- 
tion: — Section 1. Commencing January first, nineteen hundred and 
fifty-eight, the city council of the city of Maiden shall consist of eleven 
members, one member to be elected from each ward by and from the 
registered voters of that ward, and the remaining members to be elected 
by and from the registered voters of the city. All members shall be 
elected to serve for two years from the first Monday of January follow- 
ing their election and until their successors are qualified. Said council 
shall elect annually one of its members as its president, who shall pre- 
side in the city council. A majority of the city council shall constitute 
a quorum for the transaction of business. 

Section 4. Section 4 of said chapter 550 of the acts of 1955 is hereby 
amended by inserting after the word "thereto", in fine 9, the words: — 
on said board of aldermen and common council with respect to their 
action independently and separately, jointly or in concurrence, — so as 
to read as follows : — Section 4- The city council elected under and in 
accordance with the provisions of this act shall be the lawful successor 



148 Acts, 1958. — Chaps. 287, 288, 289. 

to the board of aldermen and common council holding office next prior 
to January first, nineteen hundred and fifty-eight, and shall exercise all 
the powers and privileges conferred, and shall be subject to the duties 
and obligations imposed by chapter one hundred and sixty-nine of the 
acts of eighteen hundred and eighty-one, and acts in amendment 
thereof and in addition thereto on said board of aldermen and common 
council with respect to their action independently and separately, 
jointly or in concurrence. Approved April 22, 1958. 



Chap. 287, An Act establishing fees for the issuance or 
renewal of permits for barber schools or colleges. 

Be it enacted, etc., as follows: 

The first paragraph of section 87P of chapter 112 of the General Laws 
is hereby amended by inserting after the second sentence, as appearing 
in section 3 of chapter 260 of the acts of 1934, the following two sen- 
tences : — Such permit shall terminate on the thirty-first day of Decem- 
ber next succeeding its date unless renewed for the subsequent year. 
The fee for such permit shall be seventy-five dollars and the fee for each 
renewal thereof shall be fifty dollars. Approved April 22, 1968. 

Chap. 288. An Act authorizing the treasurer of essex county 

TO reimburse the ESSEX COUNTY TOURIST COUNCIL FOR 
CERTAIN expenditures. 

Be it enacted, etc., as follows: 

The treasurer of Essex county is hereby authorized to pay to the 
Essex County Tourist Council from appropriations for unpaid bills of 
previous years, a sum of money not exceeding one thousand one hundred 
and sixty-three dollars and forty-eight cents as reimbursement for 
certain sums expended by said councO for brochures, which sums are 
uncollectible by reason of the failure to comply with section seventeen 
of chapter thirty-four of the General Laws. 

Approved April 22, 1958. 

Chap. 289. An Act relative to the arrangement of names on 

BALLOTS. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to provide in part for incumbents of certain offices 
appointed by the governor to have their names placed first on the ballot 
as candidates for nomination, 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 34 of chapter 53 of the General Laws is hereby amended by 
striking out the second paragraph, as amended by chapter 225 of the 
acts of 1954, and inserting in place thereof the following paragraph: — 

Names of candidates for nomination for all other offices to be voted 
for at a state primary of which they are the elected incumbents or the 



Acts, 1958. — Chaps, 290, 29L 149 

incumbents chosen by the senate and house of representatives, or the 
incumbents appointed by the governor, shall be placed first in alpha- 
betical order and names of other candidates shall follow in like order. 

Approved April 24, 1958. 

Chap. 290. An Act providing that property which has been 
abandoned, mislaid or lost on the premises of the 
massachusetts turnpike authority shall become the 
property of said authority. 

Whei'eas, The deferred operation of this act would tend to defeat its 
purpose, which is to pro\-ide for the immediate care and disposition of 
property abandoned, mislaid or lost on the premises of the Massachu- 
setts Turnpike Authority, 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 15 of chapter 354 of the acts of 1952 is hereby amended by 
adding at the end the following paragraph : — 

Notwithstanding the provisions of chapters one hundred and thirty- 
four and one hundred and forty-seven of the General Laws, if money, 
goods or other property which has been abandoned, mislaid or lost on 
the premises of the Massachusetts Turnpike Authority comes into the 
possession of said Authority and remains unclaimed in its possession 
for a period of one hundred and twenty days, the Authority may sell 
the same, excepting money so unclaimed, at public auction after notice 
of such sale has been published for three successive weeks in a news- 
paper published in the city or town where such sale is to take place. 
The net proceeds of such sale, after deducting the cost of storage and 
the expenses of the sale, and all money so unclaimed, shall be paid into 
and become the property of the Authority. If, in the opinion of the 
Authority any property so abandoned, mislaid or lost which comes into 
the possession of the Authority and remains unclaimed in its possession 
for a period of one hundred and twenty days, is of the value of three 
dollars or less, the Authority may donate the same to a charitable or- 
ganization. Approved April S8, 1958. 

Chap. 291. An Act providing that brothers and married sisters 

OF persons under the CONTRIBUTORY RETIREMENT LAW 
SHALL BE ELIGIBLE FOR NOMINATION AS BENEFICIARIES 
THEREUNDER. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to make brothers and married sisters of persons under 
the contributory retirement law immediately eligible for nomination as 
beneficiaries thereunder, 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: 

Option (c) of subdivision (2) of section 12 of chapter 32 of the Gen- 
eral Laws, as most recently amended by section 7 of chapter 618 of the 



150 Acts, 1958. — Chaps. 292, 293. 

acts of 1949, is hereby further amended by striking out the last para- 
graph and inserting in place thereof the following paragraph: — 

No person shall be eligible for nomination as beneficiary under this 
option unless such person is the spouse, child, father, mother, sister or 
brother of such member. Approved April 28, 1958. 



Chap. 292. An Act further regulating fees for the issuance 
OF permits to students or apprentices practicing 

BARBERING. 

Be it enacted, etc., as follows: 

Section 871 of chapter 112 of the General Laws, as most recently 
amended by section 2 of chapter 579 of the acts of 1948, is hereby further 
amended by striking out the sixth and seventh sentences and inserting 
in place thereof the following four sentences: — An apprentice or student 
may practice barbering under a permit, or a renewal thereof, granted 
under this section. A fee of five dollars shall be paid upon filing an 
application for such permit, and thereafter an annual fee of five dollars 
shall be paid to the board for each renewal thereof. A certificate of a 
registered physician stating that said apprentice or student is not 
afflicted with any contagious or infectious disease shall be filed with 
each application for such permit or renewal thereof. Such permit shall 
be valid for a period of one year from the date of issuance thereof. 

Approved April 28, 1958. 

Chap. 293. An Act providing for the payment of accumulated 
vacation allowance for county employees upon 
death or separation from service. 

Be it enacted, etc., as follows: 

Section 19A of chapter 35 of the General Laws, inserted by section 2 
of chapter 635 of the acts of 1945, is hereby amended by adding at the 
end the following two paragraphs : — 

Upon the death of a county emploj^ee who is eligible for vacation 
under the rules of the county personnel board, payment shall be made 
in an amount equal to the vacation allowance as earned in the vacation 
year prior to the employee's death but which had not been granted, and, 
in addition, that portion of the vacation allowance earned in the vaca- 
tion year during which the employee died, up to the time of his separation 
from the payroll; provided, that no monetary or other allowance has 
already been made therefor. The county commissioners, upon request 
of the appointing officer of the deceased employee, shall authorize the 
payment of such compensation upon the establishment of a valid 
claim therefor, in the following order of precedence : — First : To the 
surviving beneficiary or beneficiaries, if any, lawfully designated by the 
employee under the employee's retirement system; Second: If there be 
no such designated beneficiary, to the estate of the deceased. 

Employees who are eligible for vacation under the rules of said 
county personnel board whose services terminated by dismissal, through 
no fault or delinquency of their own, or by retirement, shall be paid an 
amount equal to the vacation allowance as earned in the vacation year 



Acts, 1958. — Chaps. 294, 295. 151 

prior to such dismissal or retirement which had not been granted, and, 
in addition, that portion of the vacation allowance earned in the vaca- 
tion year during which such dismissal or retirement occurred, up to the 
time of separation; provided, that no monetary or other allowance has 
already been made therefor. Approved, April 28, 1958. 

Chap. 294. An Act to eliminate the right of an insurer to 
cancel an accident and sickness policy, to restrict 
the right of an insurer to refuse renewal to the 
premium due date on or after and nearest the 
anniversary of the policy, and to increase the 
length of notice required for non-renewal. 

Be it enacted, etc., as follows: 

Section 1. Provision (3) of paragraph (a) of subdivision 3 of sec- 
tion 108 of chapter 175 of the General Laws, as appearing in section 1 
of chapter 275 of the acts of 1954, is hereby amended by striking out the 
second and third paragraphs and inserting in place thereof the following 
paragraph : — 

A policy in which the insurer reserves the right to refuse renewal 
shall have, at the beginning of the above provision : — Unless not less 
than thirty days prior to the premium due date the insurer has delivered 
to the insured or has mailed to his last address as shown by the records 
of the insurer written notice of its intention not to renew this policy 
beyond the period for which the premium has been accepted. 

Section 2. Paragraph (6) of said subdivision 3 of said section 108 
of said chapter 175, as so appearing, is hereby amended by striking out 
provision (8). 

Section 3. Said subdivision 3 of said section 108 of said chapter 175 
is hereby further amended by inserting after paragraph (6) the following 
paragraph : — 

(b}/2) Each such policy in which the insurer reserves the right to 
refuse renewal on an individual basis shall provide, in substance, in a 
provision thereof or in an endorsement thereon or in a rider attached 
thereto, that subject to the right to terminate the policy upon non- 
payment of premium when due, such right to refuse renewal shall not 
be exercised before the renewal date occurring on, or after and nearest, 
each anniversary, or in the case of lapse and reinstatement at the re- 
newal date occurring on, or after and nearest, each anniversary of the 
last reinstatement, and that any refusal of renewal shall be without 
prejudice to any claim originating while the policy is in force. The 
preceding sentence shall not apply to accident insurance only policies. 

Approved April 28, 1958. 

Chap. 295. An Act increasing the fees for issuance and renewal 
OF certificates of registration of barbers and 

BARBER SHOPS. 

Be it enacted, etc., as follows: 

Chapter 112 of the General Laws is hereby amended by striking out 
section 87H, as most recently amended by chapter 355 of the acts of 
1954, and inserting in place thereof the following section : — Section 87 H. 



152 Acts, 1958. — Chap. 295. 

Any person desiring to obtain a certificate of registration shall make ap- 
plication to the board therefor, pay to the secretary thereof a fee of fif- 
teen dollars and furnish to the board a certificate of a registered physician 
as to the freedom of the applicant from infectious and contagious dis- 
eases, and shall present himself at the next regular meeting of the board 
for the examination of applicants, or at a later meeting of the board if 
it so votes, and thereupon, if he shows that he has studied and practiced 
the occupation of barbering for two years as an apprentice under one or 
more registered barbers, or for at least six months in a properly equipped 
and conducted barber school or barber college under the instruction of 
a registered barber and eighteen months as an apprentice under a regis- 
tered barber, or practiced such occupation for at least two years in this 
and/or other states, and that he is possessed of the requisite skill in such 
occupation to perform properly all the duties thereof, including the 
preparation of the tools, shaving, haircutting and all the duties and serv- 
ices incident thereto, and has sufficient knowledge concerning diseases 
of the face and skin to avoid the aggravation and spreading of such dis- 
eases in the practice of such occupation, the board shall issue to him a 
certificate of registration, signed by the chairman and the secretary and 
attested by its seal. Such certificate shall be evidence that the person 
to whom it is issued shall, subject to section eighty-seven J, be entitled 
to follow the practice of the occupation referred to therein. 

Any applicant failing to pass an examination satisfactory to the board 
shall thereafter be entitled to re-examination by payment of a fee of 
five dollars and by filing a re-examination application upon a form fur- 
nished by the board, but two re-examinations shall exhaust his privilege 
under his original application, and if he fails to apply for re-examination 
within one year after his original examination, or to appear for re- 
examination when notified so to do, his re-examination privilege for 
such original application shall be forfeited. Each such certificate of 
registration issued by the board shall expire on December thirty-first 
next succeeding its date. The board may renew any such registration 
and issue a certificate thereof, upon the payment of a renewal fee of five 
dollars. Any person holding a certificate of registration or renewal 
certificate which has expired may, within three years of the date of ex- 
piration, upon payment of a fee of five dollars for each year since ex- 
piration and upon furnishing satisfactory proof of his qualifications to 
resume the practice of his occupation, receive from the board a new cer- 
tificate of registration. Before any registered barber opens a barber 
shop, or moves his barber shop to a new location, or operates a barber 
shop previously approved for a prior owner, he shall apply to the board 
for an inspection and approval thereof, and the board shall receive a 
fee of fifteen dollars for each inspection, and, upon the approval of such 
barber shop, the board shall issue a certificate of registration for such 
barber shop, which shall without further fee be in force, unless sooner 
cancelled, suspended or revoked, until June thirtieth of the year follow- 
ing the year of its issuance. All certificates of registration for barber 
shops shall be renewed annually bj'- filing applications therefor on forms 
supplied by the board and the payment of a fee of five dollars and such 
renewal shall, unless cancelled, suspended or revoked, be in full force 
and effect until June thirtieth of the year following its issuance. The 
board may suspend, revoke or refuse to renew a certificate of registra- 



Acts, 1958. — Chaps. 296, 297. 153 

tion issued by it for a barber shop if it finds, after a hearing, notice of 
which shall be given to the owner or operator of such shop, that any of 
its rules and regulations have been violated in said shop, that persons 
not authorized to practice the occupation of barbering have been em- 
ployed therein as barbers or apprentices, or that there has been a viola- 
tion in said shop of any provision of sections eighty-seven F to eighty- 
seven R, inclusive. Approved April 28, 1958. 

Chap. 296. An Act relating to investments of insurance com- 
panies. 

Be it enacted, etc., as follows: 

Section 63 of chapter 175 of the General Laws is hereby amended by 
inserting after paragraph 14C the following twTj paragraphs: — 

14D. In the consolidated debentures of the federal intermediate 
credit banks. 

14E. In the consolidated debentures of the banks for co-operatives 
organized under the laws of the United States. 

Approved April 28, 1958. 

Chap. 297. An Act authorizing the town of Wilmington to 
construct and operate a system of sewers. 

Be it enacted, etc., as follows: 

Section 1. The town of Wilmington, hereinafter called the town, 
may lay out, construct, maintain and operate a system or systems of 
common sewers for a part or the whole of its territory and in the city of 
Woburn, with such connections and other works as may be required 
for a system of sewerage and sewage disposal, and may construct such 
sewers in said town and in the city of Woburn as may be necessary; 
provided, that no conduits or pipes shall be laid in a public way in the 
city of Woburn without the consent and approval of the mayor and the 
superintendent of public works thereof, pursuant to the provisions of 
any special law, ordinance or other provisions of law pertaining to said 
city; and provided, further, that nothing herein shall authorize the 
taking of land in the city of Woburn. 

Section 2. The town may make and maintain, in any way therein 
where common sewers are constructed, such connecting sewers within 
the limits of such way as may be necessary to connect any estate which 
abuts upon the way. 

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

The town manager may appoint the board of water commissioners of 
the town as the board of sewer commissioners as herein provided, in 



154 Acts, 1958. — Chap. 297. 

which case the terms of office of the sewer commissioners shall coincide 
with the terms of office of the water commissioners, and the organization 
of the board of sewer commissioners shall be identical with the organiza- 
tion of the board of water commissioners. 

Until the board of sewer commissioners has been appointed by the 
town manager as provided in this act, the board of water commissioners 
shall be invested with all the powers and duties assigned by this act to 
the board of sewer commissioners. 

Nothing in this act shall vary the effect of chapter five hundred and 
ninety-two of the acts of nineteen hundred and fifty. 

Section 4. Said board of sewer commissioners, acting for and on 
behalf of said town, may take by eminent domain under chapter seventy- 
nine of the General Laws, or acquire by purchase or otherwise, any 
lands, water rights, rights of way or easements, public or private, in said 
town, necessary for accomplishing any purpose mentioned in this act, 
and may in said town construct and maintain such treatment works and 
sewers under or over any land, bridge, watercourse, railroad, railway, 
electric transmission line, private way, boulevard or other public way, 
or within the location of any railroad or electric transmission line, and 
may enter upon and dig up any private land, public land, private way, 
public way, railroad location or electric transmission line location for the 
purpose of laying such sewers and of maintaining and repairing the same, 
and may do any other thing proper or necessary for the purposes of this 
act; provided, that they shall not take in fee any land of a railroad 
corporation, or land of an electric transmission line corporation, and 
that they shall not enter upon or construct any drain or sewer within 
the location of any railroad corporation or within the location of any 
electric transmission line location except at such time and in such manner 
as they may agree upon with such corporation, or, in case of failure to 
agree, as may be approved by the department of public utilities. 

Section 5. Any person injured in his property by any action of 
said board of sewer commissioners under this act may recover damages 
from said town under said chapter seventy-nine. 

Section 6. The town shall by vote determine what proportion of 
the cost of said system or systems of sewerage and sewage disposal, 
including the whole share of the cost of admission to the north metro- 
politan sewerage district chargeable to said town under chapter three 
hundred and ninety-nine of the acts of nineteen hundred and fifty-four, 
and including the amounts of said cost hereafter payable, as well as the 
amounts thereof already paid, if any, the town shall pay; provided, 
that it shall pay not more than one half of the whole cost of said system 
or systems of sewerage and sewage disposal. In providing for the pay- 
ment of the remaining portion of the cost of said system or systems of 
sewerage and sewage disposal, including the use of said system or sys- 
tems by abutters to the system or systems of sewerage and sewage dis- 
posal, including public and private institutions, the town may avail 
itself of any or all of the methods permitted by the General Laws, 
including annual charges, as provided for in section sixteen of chapter 
eighty-three thereof, which may be applied to the payment of the cost 
of operation, maintenance and repairs of the system or systems of sewer- 
age and sewage disposal, and to defray also such portion of the cost of 
the construction of said system or systems as the town shall by vote 



Acts, 1958. — Chap. 297. 155 

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

Section 7. For the purpose of paying the necessary expenses and 
Uabilities incurred under this act, the town may borrow such sums as 
may be necessary, not exceeding, in the aggregate, five hundred thou- 
sand dollars, and may issue bonds or notes therefor, which shall bear on 
their face the words, Wilmington Sewerage Loan, Act of 1958. Each 
authorized issue shall constitute a separate loan, and such loans shall be 
payable in not more than thirty years from their dates. Indebtedness 
incurred under this act shall be in excess of the statutory limit, but shall, 
except as provided herein, be subject to chapter forty-four of the General 
Laws, but not including the requirement of an appropriation from avail- 
able revenue funds or from taxation as set forth in the first sentence of 
section seven of said chapter forty-four. 

Loans authorized or debt incurred by the town subsequent to January 
first, nineteen hundred and fifty-eight but prior to the acceptance of this 
act, for purposes mentioned in clause (1) of section seven of chapter 
forty-four of the General Laws, shall be considered in all respects to 
have been authorized and incurred pursuant to the provisions of this 
act, and the proceeds of any such bonds or notes may be used for any 
purposes for which bonds or notes might be authorized under this act. 

Section 8. The board of sewer commissioners may, in its discretion, 
prescribe such sewer assessment rates and annual rentals or charges as 
it may deem proper, subject, however, to such rules and regulations as 
may be fixed by vote of the town. The receipts from sewer assessments 
and annual charges and from payments made in lieu thereof shall be 
appropriated for and applied to the payment of charges and expenses 
incident to the maintenance and operation of said system of sewerage 
and sewage disposal, to the payment of interest upon bonds or notes 
issued for sewer purposes, or to the payment or redemption of such bonds 
or notes. Such annual charges as are prescribed by the sewer commis- 
sioners under the provisions of this act shall begin when the premises 
have been connected to the sewer, or two years after the sewer is avail- 
able for such connection, whichever period of time is shorter, provided 
that no annual charge shall be levied on any premises until the land is 
built on. 

Section 9. The town of Wilmington is hereby authorized by vote 
of a town meeting to determine whether said town, acting through the 
board of sewer commissioners may, upon the application of the owner 
of any estate abutting on any pubhc or private way where a common 
sewer is constructed, lay in such sewered way, and in the private land 
of such owner such particular sewer as may be necessary to connect 
any building on such estate with such sewer, and the town manager 



156 Acts, 1958. — Chap. 297. 

may make all necessary contracts in the name and behalf of the town 
for such purpose. The cost of constructing each particular sewer shall 
be assessed by the board of sewer commissioners upon the estate bene- 
fited thereby. Such assessment shall be made by filing with the board 
of assessors of the town a certificate, designating the way and the private 
land in which such particular sewer has been constructed, and giving 
the name or names of the owners of the estate for which such connection 
has been made and the amount of the assessment to be paid by such 
owner or owners. A copy or duplicate of this certificate shall, within 
ten days after the filing of the same with the board of assessors, be 
recorded in the registry of deeds for the north registry district for the 
county of Middlesex, or, in the case of registered land, filed in the office 
of the assistant recorder for the north registry district of the county of 
Middlesex. The board of assessors shall, upon receipt of such certificate, 
forthwith commit such assessments or charges with their warrant to 
the collector of taxes, who shall forthwith make a demand in writing 
for the payment of such assessments or charges, and every owner shall, 
within three months after such demand is served upon him or on the 
occupant of such estate, or sent by mail to the last address of the owner 
known to the collector of taxes, pay to the collector of taxes the sum so 
assessed or charged . Except as herein provided, the provisions of general 
law relative to the assessment, apportionment, division, reassessment, 
abatement and collection of sewer assessments, to liens therefor and to 
interest thereon, shall apply to assessments made under this section. 
In applying said provisions to assessments made under this section, the 
notice referred to therein shall be deemed to be the demand of the tax 
collector required hereby. The lien for any assessment made under this 
section shall attach upon the recording or filing for registration of the 
copy or duplicate of the certificate of assessment. In the apportionment 
of assessments made under this section no installment shall be less than 
five dollars. 

Section 10. All contracts made for work to be done under the pro- 
visions of this act shall be made in the name of the town and shall be 
signed by the town manager, but no contracts shall be made or obliga- 
tion incurred bj^ said town manager for any purpose in excess of the 
amount of money appropriated by the town therefor. 

Section 11. Said board may, except as provided herein, from time 
to time, prescribe rules and regulations for the connection of estates and 
buildings with sewers, and for the inspection of the materials, the con- 
struction, alteration and use of all connections and drains entering 
into such sewers, and any person violating any such rule or regulation 
shall be punished by a fine of not less than twenty dollars nor more than 
five hundred dollars for each violation. Such rules and regulations shall 
be published at least once a week for three successive weeks in some 
newspaper having general circulation in the town of Wilmington, and 
shall not take effect until such publications have been made. 

Section 12. Except as provided otherwise herein, no act shall be 
done under authority of the preceding sections, except in the making of 
surveys and other preliminary investigations, until the plans for said 
system of sewerage and sewage disposal have been approved by the 
state department of public health. 

Section 13. This act shall take full effect upon its acceptance by a 
majority of the town meeting members of said town present and voting 



Acts, 1958. — Chaps. 298, 299. 157 

thereon at a regular or special town meeting called for the purpose 
within five years after its passage, but not otherwise. No expenditure 
shall be made and no liability incurred hereunder until such acceptance; 
provided, however, that no authorization, contract, appropriation, or 
other relating action taken by the town or its authorized agents per- 
taining to any sewerage agreements with the metropolitan district 
commission, the city of Woburn or the Avco Manufacturing Company 
entered into subsequent to August first, nineteen hundred and fifty- 
seven and prior to the adoption of this act shall be deemed to have been 
invalidated, rescinded or otherwise set aside by the provisions of this act. 

Approved April 28, 1968. 

Chap. 298. An Act to provide penalties for failure to file 
information returns. 

Be it enacted, etc., as follows: 

Section 1. Chapter 62 of the General Laws is hereby amended by 
striking out section 55, as appearing in the Tercentenary Edition, and 
inserting in place thereof the following section : — Section 55. If any 
person required to file a return under section twenty-two or twenty-three 
fails to file the return within the time prescribed in section twenty-four, 
the sum of five dollars for every day during w^hich such person is in 
default shall be added to, and become part of the tax, as an additional 
tax; but the commissioner may, in his discretion, abate any such addi- 
tional tax in whole or in part. 

If any person required to file a return, list or report of a payment to 
another person under section thirty-three fails to file the same within 
the time prescribed by said section, he shall become liable to a penalty 
at the rate of one dollar for each such return, list or report of a payment 
to another person not so filed; provided, however, that the total penalty 
imposed on a delinquent person for all such failures during any calendar 
year shall not exceed one thousand dollars. Such penalty shall be paid 
upon notice by the commissioner and shall be assessed and collected 
in the same manner as a tax imposed by this chapter. The commis- 
sioner may, in his discretion, abate such penalty in whole or in part. 
The commissioner shall have the same remedies for the collection of 
said penalty as are provided in section forty-one for the collection of 
income taxes. 

Section 2. This act shall apply to returns, lists or reports required 
to be filed after December thirty-first, nineteen hundred and fifty-eight. 

Approved April 28, 1968. 

Chap. 299. An Act protecting certain officers and employees 
OF redevelopment authorities against arbitrary 

REMOVAL AND CREDITING THEM WITH ANY TIME DURING 
WHICH THEY WERE EMPLOYED BY A HOUSING AUTHORITY. 

Be it enacted, etc., as follows: 

Section 26QQ of chapter 121 of the General Laws, as amended by 
section 1 of chapter 150 of the acts of 1957, is hereby further amended 
by adding at the end the following three paragraphs: — 

A veteran, as defined in section twenty-one of chapter thirty-one, 
who holds an office or position in the service of a redevelopment au- 



158 Acts, 1958. — Chaps. 300, 301. 

thority not classified under said chapter thirty-one, and has held such 
office or position for not less than three years, shall not be involuntarily 
separated from such office or position except subject to and in accord- 
ance with the provisions of sections forty-three and forty-five of said 
chapter thirty-one to the same extent as if said office or position were 
classified under said chapter. If the separation in the case of such 
unclassified offices or positions results from lack of work or lack of 
money, such a veteran shall not be separated from his office or position 
while similar offices or positions in the same group or grade, as defined 
in section forty-five of chapter thirty, exist unless all such offices or 
positions are held by such veterans, in which case such separation shall 
occur in the inverse order of their respective original appointments. 

No person permanently employed by a redevelopment authority, who 
is not classified under chapter thirty-one, shall, after having actually 
performed the duties of his office or position for a period of six months, 
be discharged, removed, suspended, laid off, transferred from the latest 
office or employment held by him without his consent, lowered in rank 
or compensation, nor shall his office or position be abolished, except for 
just cause and in the manner provided by sections forty-three and forty- 
five of chapter thirty-one. 

Any employee who has transferred from a housing authority to a re- 
development authority shall, for the purposes of this section, be cred- 
ited for the period of time in which he was employed by a housing 
authority. Approved April 28, 1958. 

Chap. 300. An Act providing that justices of appellate divi- 
sions SHALL SERVE IN APPELLATE DIVISIONS OTHER THAN 
THEIR OWN WHEN REQUESTED. 

Be it enacted, etc., as follows: 

The first paragraph of section 108 of chapter 231 of the General Laws, 
as appearing in the Tercentenary Edition, is hereby amended by insert- 
ing after the fifth sentence the following sentence: — The presiding 
justice of any appellate division may call upon a justice of any other 
appellate division to serve in his division, and when so requested such 
justice shall serve therein. Approved April 28, 1958. 

Chap. 301. An Act providing that an employee of a mosquito 
control project shall be eligible for contributory 
group general or blanket insur.'\.nce for persons in 
the service of the commonwealth. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose which is to make immediately available group insurance to 
employees of mosquito control projects, therefore it is hereby declared 
to be an emergency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Section 2 of chapter 32A of the General Laws is hereby amended by 
striking out paragraph (6), as amended by section 1 of chapter 582 of 
the acts of 195G, and inserting in place thereof the following paragraph: — 

(h) "Employee", any person in the service of the commonwealth, 



Acts, 1958. — Chaps. 302, 303. 159 

including a person who is an employee of a mosquito control project, 
whether such person be employed, appointed, or elected by popular 
vote; provided, the duties of such person require that his time be de- 
voted to the service of the commonwealth during the regular work week 
of permanent employees, except that persons elected by popular vote 
will be considered employees during the entire term for which they are 
elected, regardless of hours devoted to the service of the commonwealth. 
By way of illustration but not limitation, a person appointed, or elected 
by popular vote, shall include employees of the general court, state 
officials, constitutional officers and members of the general court, but 
shall in no event be construed to include members of the judiciary paid 
in whole or in part from other than state funds, seasonal employees or 
emergency employees. A determination by the commission that a per- 
son is eligible for participation in the plan of insurance shall be final and 
shall be binding on all parties. Approved April SO, 1958. 

Chap. 302. An Act relative to the funding of certain indebted- 
ness BY the city of CHELSEA. 

Be it enacted, etc., as follows: 

Section 1. The city of Chelsea, for the purposes specified in section 
two, may incur indebtedness to an amount not exceeding one hundred 
and fifty thousand dollars, and may issue and sell bonds or notes there- 
for which shall bear on their face the words City of Chelsea Funding 
Loan, Act of 1958. Said loan shall be paid in not more than five years 
from the date of issue. Indebtedness incurred under this section shall 
be within the statutory limit but shall, except as herein provided, be 
subject to chapter forty-four of the General I^aws, exclusive of the 
limitation contained in the first paragraph of section seven thereof. 

Section 2. Amounts borrowed under authority of section one shall 
be used in meeting deficits aggregating one hundred fifty-one thousand 
one hundred and forty-four dollars and seventy-one cents consisting of 
overlay deficits on levies during the years nineteen hundred and fifty- 
five to nineteen hundred and fiftj^-seven, inclusive, of forty thousand 
seven hundred and twenty-seven dollars and fifty-nine cents, a revenue 
deficit for the year nineteen hundred and fifty-seven of sixty-three 
thousand two hundred and fifty-seven dollars and eighty-seven cents, 
and payments of final judgments in accordance with the provisions of 
section thirty-one of chapter forty-four of the General Laws in the 
amount of forty-seven thousand one hundred and fifty-nine dollars and 
twenty-five cents. 

Section 3. This act shall take effect upon its acceptance by vote of 
the board of aldermen of said city, subject to the provisions of its 
charter, but not otherwise. Approved May 2, 1958. 

Chap. 303. An Act relative to the use of the unexpended 
proceeds of certain equipment bond issues of the 

metropolitan TRANSIT AUTHORITY. 

Be it enacted, etc., as follows: 

Section 1. Section 22 of chapter 544 of the acts of 1947 is hereby 
amended by adding at the end the following paragraph : — 



160 Acts, 1958. — Chaps. 304, 305. 

Any provision of this section or of section twenty-three to the con- 
trary notwithstanding, if any unexpended proceeds from any issue of 
bonds or notes issued by the authority under the first or fourth para- 
graph of this section remain after completion of the project for which 
such bond or note issue was authorized, such proceeds may be used, 
with the approval of the department of public utilities and the advisory 
board of the authority, either for the purpose of paying the principal 
of the first bonds or notes of such issue to mature after such approval 
by said department or for any purpose for which bonds or notes may 
be issued for an equal or longer period of time under the first or fourth 
paragraph of this section. 

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

Approved May 2, 1958. 



Chap. 304. An Act authorizing the town of watertown to pay 

A SUM OF money TO FRANCIS L. MCCARTHY. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obligation the 
town of Watertown may appropriate and pay to Francis L. McCarthy 
of said town such sums, not exceeding two hundred and twenty-five 
dollars, as may be necessary to reimburse him for hospital, medical and 
other expenses, not compensated for by insurance, incurred by hun on 
account of injuries received by his minor son, James Leonard McCarthy, 
while playing in a town park. 

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

Approved May 2, 1958. 

Chap, 305. An Act relative to the disclosure of the contents 
OF corporate excise returns. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose which is principally and also immediately to furnish reciprocal 
rights to the United States Internal Revenue Service relating to the 
examination of certain corporate excise tax returns filed wdth the com- 
monwealth, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Chapter 63 of the General Laws is hereby amended by striking out 
section 71A, as most recently amended by section 66 of chapter 654 of 
the acts of 1953, and inserting in place thereof the following section: — 
Section 71 A. The disclosure by the commissioner, or by any deputy, 
assistant, clerk or assessor, or other employee of the commonwealth, 
or of any city or town therein, to any person but the taxpayer or its 
agent, except as hereinafter provided, of any information whatever 
contained in or set forth by any return filed under this chapter, other 
than the name and address of the person filing it, except in proceedings 
to collect the tax or for the purpose of criminal prosecution under this 
chapter is prohibited. The commissioner, however, may grant to the 
United States Commissioner of Internal Revenue, and other authorized 
officials duly designated by him who are lawfully charged with the ad- 



Acts, 1958. — Chaps. 306, 307. 161 

ministration of the United States income tax law, permission to inspect 
returns required to be filed under this chapter. Said authorization shall, 
as to the documents to be made available for inspection, be extended 
on the same basis as the authority that may be lawfully granted by the 
said United States commissioner to the officials of the commonwealth 
to examine United States income tax returns. Such inspection shall, 
however, be limited exclusively to the purpose of administering the 
said United States income tax law. Violation of any provision of this 
section shall be punished by a fine of not more than one thousand dollars, 
or by imprisonment in jail for not more than six months, or both, and 
by disqualification from holding office in the commonwealth for such 
period, not exceeding three years, as the court determines. 

Approved May 2, 1958. 



Chap. 306. An Act increasing certain fees to be paid by delin- 
quent TAXPAYERS. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose which is, in part, to increase as of July first, nineteen hundred 
and fifty-eight certain fees to be paid by dehnquent taxpayers, therefore 
it is hereby declared to be an emergency law, necessary for the imme- 
diate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 15 of chapter 60 of the General Laws is hereby 
amended by striking out clause 2, as appearing in chapter 398 of the 
acts of 1952, and inserting in place thereof the following clause: — 

2. For each written demand provided for by law, one dollar;. 

Section 2. Said section 15 of said chapter 60 is hereby further 
amended by striking out clauses 9 and 10, as so appearing, and inserting 
in place thereof the following two clauses : — 

9. For the issuance and delivery of a warrant to an officer, one dollar; 

10. For notice to the delinquent that warrant has been issued, two 
dollars;. 

Section 3. This act shall take effect on July first, nineteen hundred 
and fifty-eight. Approved May 2, 1958. 

Chap. 307. An Act clarifying the provisions of law relating 
to licenses to operate motor vehicles. 

Be it enacted, etc., as follows: 

Chapter 90 of the General Laws is hereby amended by striking out 
section 8, as most recently amended by chapter 351 of the acts of 1957, 
and inserting in place thereof the following section: — Section 8. Ap- 
plication for license to operate motor vehicles may be made by any 
person; but before such a license is granted the applicant shall pass 
such examination as to his quahfications as the registrar, without dis- 
criminating as to age, shall require, and no license shall be issued until 
the registrar or his authorized agent is satisfied that the applicant is a 
proper person to receive it, and no such license shall be issued to any 
person under sixteen years of age. If for any reason the registrar or his 
agents are unable to examine an applicant for a license promptly, the 



162 Acts, 1958. — Chap. 307. 

applicant may be issued a receipt for the fee paid, provided that the 
applicant shows that he is duly 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 Heu 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. To each licensee shall be 
assigned some distinguishing number or mark, and the licenses issued 
shall be in such form as the registrar shall determine. They may contain 
special restrictions and limitations. They shall contain the distinguish- 
ing number or mark assigned to the licensee, his name, place of residence 
and address, a brief description of him for purposes of identification, and 
such other information as the registrar shall deem necessary. A person 
to whom a license to operate motor vehicles has been issued, unless such 
license contains a special limitation or restriction, may operate any 
registered motor vehicle. Every person licensed to operate motor 
vehicles as aforesaid shall endorse his usual signature on the margin of 
the license, in the space provided for the purpose, immediately upon the 
receipt of said license, and such hcense shall not be valid until so en- 
dorsed. A license or any renewal thereof issued to an operator shall 
expire on the anniversary of the operator's date of birth occurring more 
than twelve months but not more than twenty-four months after the 
effective date of such license. If any such license or the renewal thereof 
expires in an even year, any subsequent renewal shall expire on the next 
anniversary of the operator's date of birth occurring in an even year. 
If any such license or renewal thereof expires in an odd year, any sub- 
sequent renewal shall expire on the next anniversary of the operator's 
date of birth occurring in an odd year. The license issued to an operator 
born on February twenty-ninth shall, for the purpose of this section, 
expire on March first. Every application for an original license filed 
under this section shall be sworn to by the applicant before a justice of 
the peace or notary pubUc and, if the apphcant is under age eighteen, 
be accompanied by the written consent in such form as the registrar 
shall determine of a parent or guardian or other person standing in the 
place of a parent of the applicant. 

A person who removes from the commonwealth, or suffers physical or 
mental incapacity, or dies, after a license to operate motor vehicles has 
been issued to him may, or his legal representative may, return such 
license to the registrar within twelve months from the date of issue, 
accompanied by a written application for a rebate containing the 
reasons therefor. If the registrar is satisfied that the reasons stated are 
valid, such person or legal representative shall be entitled to a rebate of 
one half the fee paid for such license; provided, that no such rebate may 
be paid except upon a certificate, filed with the comptroller, setting 
forth the facts, and signed by the registrar or his authorized agent ; and 
provided, also, that the rebate may be paid out of the fees received for 
licenses to operate motor vehicles without specific appropriation. 
No such rebate may be made if such license has been revoked or sus- 
pended or if the registrar deems there is probable cause for such sus- 
pension or revocation. Approved May 2, 1958. 



Acts, 1958. — Chaps. 308, 309. 163 

Chap. 308. An Act to permit income to be reported on the 
installment method under certain circumstances. 

Be it enacted, etc., as follows: 

Section 1. Chapter 62 of the General Laws is hereby amended by 
adding at the end the following section : — Section 63. (a) The state 
tax commission, hereinafter called the commission, may, by regulation, 
permit taxpayers described in paragraph (6) to return as income in any 
year that proportion of the installment payments actually received in 
such year which the gross profit, realized or to be realized when pay- 
ment is completed, bears to the total contract price. 

(6) The provisions of paragraph (a) shall apply to a taxpayer who 
regularly sells or otherwise disposes of personal property on the install- 
ment plan, or who has made a casual sale or other casual disposition of 
personal property, other than property of a kind which would properly 
be included in the inventory of such taxpayer if on hand at the close of 
the taxable year, for a price exceeding one thousand dollars or has made 
a sale or other disposition of real property, and the payments, if any, 
exclusive of evidences of indebtedness of the purchaser, received on 
account of such sale or disposition during the year in which the sale or 
disposition was made do not exceed thirty per cent of the selling price. 

(c) The commission may, in any regulations promulgated by it, 
make the reporting of income on the installment method, as provided 
in this section, subject to the receipt by it of appropriate security or 
commitments from the taxpayer that the entire unpaid tax on the gain 
resulting from any installment sale will be paid in the event that the 
taxpayer ceases to be an inhabitant of the commonwealth, dies, or dis- 
poses of the evidences of indebtedness of the purchaser. 

Section 2, This act shall apply with respect to taxable years com- 
mencing after December thirty-first, nineteen hundred and fifty-seven. 

Approved May 2, 1958. 

Chap. 309. An Act authorizing the town of Arlington to convey 

certain park land to the ARLINGTON HOUSING AUTHOR- 
ITY FOR HOUSING OF AGED CITIZENS. 

Be it enacted, etc., as follows: 

Section 1. The town of Arlington is hereby authorized to convey 
for a nominal consideration to the Arlington Housing Authority the 
following described parcel of park land to be used by said Authority 
for the erection thereon of housing for aged citizens of said town : — 

Beginning at a point on northerly boundary of land belonging to the 
Boston and Maine Railroad at the intersection of land in Lexington and 
land of the town of Arlington; thence easterly on said northerly side 
line of land belonging to the Boston and Maine Railroad a distance of 
four hundred feet more or less to an angle point; then northeasterly a 
distance of one hundred and sixty feet more or less to a point; thence 
northeasterly again a distance of one hundred and sixty feet more or 
less to an angle point; thence northwesterly fifty feet more or less to a 
point; thence northwesterly one hundred and twenty feet more or less 
to a point on the south bank of Mill Brook; thence northwesterly again 
one hundred and ninety feet more or less to an angle point on the Lex- 



164 Acts, 1958. — Chap. 310. 

ington line; thence southwesterly along said Lexington Town Line six 
hundred and twenty feet to the point of beginning and containing about 
one hundred and fifty-five thousand one hundred square feet more or 
less as shown on plan of land on file with the office of the Town Engineer, 
Arlington, Mass., and entitled, "Study Plan — Reservoir, Playground 
& Vicinity — Scale 1" = 80' — January 1955 — James M. Keane, Town 
Engineer." 

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

Approved May 6, 1958. 



Chap. 310. An Act increasing the bond issue authorized for 

THE construction OF CERTAIN PROJECTS AT LAURENCE 
G. HANSCOM field and providing for the REIMBURSE- 
MENT OF CERTAIN LESSEES FOR MONEY EXPENDED TO 
COMPLETE SAID PROJECTS. 

Be it enacted, etc., as follows: 

Section L The state treasurer, upon certification by the airport 
management board, is hereby authorized to reimburse East Coast 
Aviation Corporation and Nagle Aircraft Service, lessees at the 
Laurence G. Hanscom Field, such sums as are approved and certified by 
the division of building construction to be the fair value of any and all 
items for which reimbursement is sought for monies expended by said 
lessees to complete the construction of projects at said field authorized 
by the commissioner of airport management, with the approval of the 
airport management board under the provisions of chapter seven hun- 
dred and sixty-nine of the acts of nineteen hundred and fifty-five, as 
amended by chapter four hundred and ninety of the acts of nineteen 
hundred and fifty-six; provided, that such payment to said East Coast 
Aviation Corporation shall not exceed thirty-seven thousand five 
hundred dollars and such payment to said Nagle Aircraft Service shall 
not exceed twelve thousand five hundred dollars. 

Section 2. Section 2 of chapter 769 of the acts of 1955 is hereby 
amended by inserting after the word "hundred", in line 8, the words: — 
and fifty, — so as to read as follows : — Section 2. To meet the expendi- 
tures necessary in carrying out the provisions of this act, the state 
treasurer shall, upon request of the governor and council, issue and sell 
at public or private sale bonds of the commonwealth, registered or with 
interest coupons attached, as he may deem best, to an amount to be 
specified by the governor and council from time to time, but not ex- 
ceeding, in the aggregate, the sum of three hundred and fifty thousand 
dollars. All bonds issued by the commonwealth, as aforesaid, shall be 
designated on their face, Laurence G. Hanscom Field Improvement 
Loan of 1955, and shall be on the serial payment plan for such maximum 
term of years, not exceeding twenty-five years, as the governor may rec- 
ommend to the general court pursuant to section 3 of Article LXII of 
the Amendments to the Constitution of the Commonwealth, the ma- 
turities 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 



Acts, 1958. — Chap. 311. 165 

approval of the governor shall fix, but such bonds shall be payable not 
earlier than July first, nineteen hundred and fifty-six, nor later than 
June thirtieth, nineteen hundred and eighty-one. 

Section 3. Before any reimbursement is made under section one 
of this act, each of said companies shall assent to an amendment of its 
lease whereby its annual rental shall be increased by an amount sufficient 
to amortize such reimbursement, including the interest provided for in 
section two of this act, within the term of such lease. 

Approved May 6, 1958. 



Chap. 311. An Act authorizing cities and towns operating 

MUNICIPAL lighting OR GAS PLANTS TO CONTRACT FOR THE 
TRAINING AND EMPLOYMENT OF CADET ENGINEERS. 

Be it enacted, etc., as follows: 

Chapter 164 of the General Laws is hereby amended by inserting 
after section 69 the following five sections, under the following cap- 
tion : — 

Training and Employment of Cadet Engineers in Municipal 
Light and Gas Plants. 

Section 69 A. The following words and phrases as used in sections 
sixty-nine B to sixty-nine E, inclusive, shall, unless the context other- 
wise requires, have the following meanings: — 

"Municipal Light board", the municipal fight board, municipal gas 
and electric cominission or similar body in a city or town having a 
municipal light board, gas and electric commission or similar bod}''; 
the mayor of a city having no municipal light board, municipal gas and 
electric commission or similar body; or the selectmen of a town having 
no municipal light board, municipal gas and electric commission or 
similar body. 

"Manager", the manager of municipal lighting of the city or town. 

"Cadet engineer", any individual who has contracted with a city or 
town pursuant to the provisions of section sixty-nine B, and who has 
not completed "graduate on the job training" as provided for in said 
section. 

"Plant", the municipal light plant or the municipal gas plant or the 
municipal gas and electric plant of the contracting city or town. 

"Educator", the superintendent of schools of the contracting city 
or town, or the superintendent or director of any accredited school or 
school system located within such city or town, a member of the school 
board or school committee of the contracting city or town, or a principal 
officer of any duly accredited high school or junior high school located 
within the contracting city or town. 

Section 69B. Any city or town owning or operating a municipal 
fighting or municipal gas plant pursuant to the provisions of this chapter 
may contract for the training and employment of cadet engineers in 
its plant; provided, however, that no such contract shall be entered 
into if there is a civil service efigible list from which an appointment 
may be made at the time. Such contract shall be in writing, and signed 
by the manager and the applicant for training and employment as a 



166 Acts, 1958. — Chap. 311. 

cadet engineer. Such contract shall not be voidable or unenforceable 
because of the age of the cadet engineer; provided, that he had attained 
the age of seventeen when the contract was executed and that his parent 
or parents assent thereto in writing. 

The contract shall provide (a) that the cadet engineer shall, by a date 
to be specified, begin or continue attendance at a duly accredited college 
or university within the commonwealth, having a course of study leading 
to a degree of bachelor of science in engineering. The contract may, 
in the discretion of the municipal light board, prescribe certain minimum 
courses of study to be undertaken by the cadet engineer in such college 
or university. 

(b) That the cadet engineer shall, throughout the course of his college 
or university training as aforesaid, engage in work to be known as "on 
the job training", at the plant under the supervision and direction of 
the manager or his duly authorized representative, for such number of 
weeks during regular college or university vacations as the municipal 
hght board may determine. The compensation for " on the job training " 
shall be at an hourly rate to be determined by the municipal Ught board. 

(c) That the cadet engineer shall, upon final completion of his course 
of study at a college or university as aforesaid, engage in work to be 
known as "graduate on the job training" on a full-time basis at the 
plant under the supervision and direction of the manager or his duly 
authorized representative, for a period of time to be determined by the 
said municipal light board, and specified in the contract, which period 
of time shall in no event exceed a period of five years. The compensa- 
tion for "graduate on the job training" shall be at an hourly rate to 
be determined by the municipal Hght board. 

(d) That the cadet engineer shall, throughout his course of study at 
a college or university as aforesaid, maintain such minimum academic 
standing in such college or university as may be prescribed in the con- 
tract by the municipal light board. 

(e) That the cadet engineer shall not work for any other person, 
corporation or municipality until such time as he has completed "gradu- 
ate on the job training" as prescribed in the contract; provided, how- 
ever, that the municipal hght board may credit all or any part of time 
spent by a cadet engineer in active service in the armed forces of the 
United States as part of the cadet engineer's prescribed "graduate on 
the job training". 

(/) That the city or town shall pay all or such portion of the cadet 
engineer's tuition at the college or university attended by him as afore- 
said, as the municipal light board shall determine and prescribe in the 
said contract. The term "tuition" shall be deemed to include the 
actual cost of all books or laboratory or similar equipment that may be 
required by the cadet engineer in his course of study. 

(g) That the municipal light board may, in the event that the cadet 
engineer at any time fails to maintain his attendance or academic stand- 
ing in the college or university as prescribed in the contract, or in any 
other way fails to perform his obligations under the contract, terminate 
the contract by a written notice to the cadet engineer; provided, how- 
ever, that this remedy shall not be deemed to be conclusive, and shall 
not prejudice any other remedies which the contracting city or town 
may have for breach of the said contract, whether at law or in equity. 



Acts, 1958. — Chap. 311. 167 

(h) For such other and further provisions, not inconsistent with the 
provisions of sections sixty-nine A to sixty-nine E, inclusive, as the 
municipal light board may deem necessary or appropriate. 

Section 69C. Applicants for training and employment as cadet 
engineers shall be selected by a selection committee as hereinafter 
provided upon request of the municipal hght board. 

The selection committee shall be appointed by the municipal light 
board and shall be comprised of not less than five nor more than seven 
members; provided, however, that the committee shall include the 
manager and shall include at least two educators who are residents of 
the contracting city or town. The members of the selection committee 
shall be appointed for a term of one year, and shall serve without com- 
pensation. 

At least three weeks prior to the date of final selection of the applicants 
for training and employment as cadet engineers the municipal hght 
board shall cause a notice to be published in a newspaper of general 
circulation in the contracting city or town, which notice shall state that 
applications will be received for appointments of cadet engineers pur- 
suant to the provisions of sections sixty-nine A to sixty-nine E, inclu- 
sive. The notice shall state the time and place at which such apphca- 
tions will be received. 

An applicant for appointment as a cadet engineer must be a resident 
of the contracting city or town, a graduate of a duly accredited high 
school therein, shall be not less than seventeen nor more than twenty-five 
years of age, and must have been accepted for admission to or be en- 
rolled in a duly accredited college or university within the common- 
wealth having a course of study leading to a degree of bachelor of science 
in engineering. 

The municipal light board shall specify the number of cadet engineers 
to be selected from among the applicants. The selection committee 
shall select cadet engineers from among the applicants on the basis of 
academic ability, past courses of study and good moral character. The 
selection committee shall not discriminate among the applicants be- 
cause of race, color, creed or national origin. 

Section 69 D. The employment of the cadet engineer in "on the job 
training" shall not be subject to the civil service laws and rules, but the 
appointment shall be reported to the division of civil service in such 
form as the director of civil service may require. The employment of 
the cadet engineer in "graduate on the job training" shall be in accord- 
ance with the civil service laws and rules, wherever applicable. 

A cadet engineer shall not be subject to or entitled to the benefits 
of civil service laws, retirement laws, or pension laws during his time of 
service as a cadet engineer, except that deductions shall be made from 
his salary and paid into the contributory retirement system of the city 
or town in accordance with the provisions of the contributory retire- 
ment act, but he shall nevertheless be considered as an employee of the 
contracting city or town when actually employed in "on the job train- 
ing" or "graduate on the job trainmg" for purposes of workmen's 
compensation laws; provided, however, that the "graduate on the job 
training" period of any cadet engineer who, following his "graduate 
on the job training", continues in the employ of the contracting city or 
town as a permanent full-time employee, shall be considered as "credit- 



168 Acts, 1958. — Chaps. 312, 313. 

able service" for purposes of retirement laws, pension laws, and other 
laws pertaining to municipal employees. 

Section 69E. All expenses, obligations or commitments for the pay- 
ment of money incurred by the contracting city or town, pursuant to 
the provisions of sections sixty-nine A to sixty-nine D, inclusive, shall be 
considered as part of the annual expense of the plant for the year in 
which they are incurred, and shall be paid from the income of the plant 
in accordance with the provisions of this chapter. 

Approved May 6, 1958. 



Chap. 312. An Act establishing the office of purchasing agent 
IN the city of malden. 

Be it enacted, etc., as follows: 

Section 1. There is hereby established in the city of Maiden a 
purchasing department, to consist of a purchasing agent and such 
assistants as the city council may determine. The salaries of the pur- 
chasing agent and assistants shall be determined by the city council. 
The agent and assistants shall be appointed by the mayor subject to 
the approval of the city council for such terms of office as may be 
prescribed by ordinance, and may be removed for cause by the mayor 
with the approval of the city council. The purchasing agent shall 
purchase all supplies for the city and for every department thereof 
except in case of emergency. All purchases or contracts for purchase 
exceeding one hundred dollars in amount shall be based upon com- 
petition. A record shall be kept by the department of the prices paid 
for the supplies, and shall be open to the inspection of any citizen. 

Section 2. Chapter eighty-six of the acts of nineteen hundred and 
forty-eight is hereby repealed. 

Section 3. This act shall take effect upon its acceptance by vote 
of the city council of the city of Maiden, subject to the provisions of 
its charter, but not otherwise. Approved May 6, 1968. 



Chap. 313. An Act to permit the examination of inheritance 

TAX returns by THE UNITED STATES COMMISSIONER OF 
INTERNAL REVENUE. 

Be it enacted, etc., as follows: 

Chapter 65 of the General Laws is hereby amended by striking out 
section 35, as appearing in the Tercentenary Edition, and inserting in 
place thereof the following section : — Section 85. The disclosure by 
the commissioner, or by any deputy, assistant, clerk or assessor, or 
other employee of the commonwealth, or of any city or town therein, 
of any information whatever contained in or set forth by any return or 
document filed with the commissioner in connection with the assessment 
of the tax on legacies and successions under this chapter, except in- 
ventories filed with him under section twenty-two, is prohibited except 
in proceedings to assess or collect the tax; provided, however, that the 
commissioner may grant to the persons charged or likely to become 
charged with the payment of taxes in the case in which such return or 
document is filed, or their representatives, permission to inspect the 



Acts, 1958. — Chap. 313. 169 

same; and provided, further, that the commissioner, however, may 
grant to the United States Commissioner of Internal Revenue, and other 
authorized officials duly designated by him who are lawfully charged 
with the administration of the United States estate tax law, permission 
to inspect such returns and documents. Such authorization to the 
United States Commissioner of Internal Revenue shall, as to the re- 
turns and documents to be made available for inspection, be extended 
on the same basis as the authority that may be lawfully granted by the 
United States Commissioner to the officials of the commonwealth to 
examine United States estate tax returns. Such inspection shall, 
however, be limited exclusively to the purpose of administering the 
said United States estate tax law. Violation of any provision of this 
section shall be punished by a fine of not more than one thousand dollars, 
or by imprisonment in jail for not more than six months, or both, and 
by disqualification from holding office in the commonwealth for such 
period, not exceeding three years, as the court determines. 

Approved May 6, 1958. 

The Commonwealth of Massachusetts, 
Executive Department. State House, 

Boston, May 7, 1958. 

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

Massachusetts. 

Dear Mr. Secretary: — I, Foster Furcolo, pursuant to the provi- 
sions of Article XLVIII of the Amendments to the Constitution, the 
Referendum II, Emergency Measures, hereby declare in my opinion 
the immediate preservation of the public convenience requires that the 
law being Chapter 313 of the Acts of 1958, entitled, "An Act to Permit 
the Examination of Inheritance Tax Returns by the United States 
Commissioner of Internal Revenue" and the enactment of which re- 
ceived my approval on May 6, 1958, should take effect forthwith. 

I further declare that in my opinion said law is an emergency law 
and the facts constituting the emergency are as follows : 

Postponement of the operation of this act for ninety days would 
defeat its purpose in that it will unnecessarily delay securing permission 
from the federal authorities for inspection of federal estate and gift tax 
returns which will be of great assistance to our authorities in adminis- 
tering the Massachusetts inheritance tax law. 

Very truly yours, 

Foster Furcolo, 
Governor of the Commomoealth. 

Office of the Secretary, Boston, May 7, 1958. 

I, Francis X. Ahearn, Deputy Secretary of the Commonwealth, 
hereby certify that the accompanying statement was filed in this office 
by His Excellency the Governor of the Commonwealth of Massachu- 
setts at four o'clock and thirty-five minutes, p.m., on the above date, 
and in accordance with Article Forty-eight of the Amendments to the 
Constitution said chapter takes effect forthwith, being chapter three 
hundred and thirteen of the acts of nineteen hundred and fifty-eight. 

Francis X. Ahearn, 
Deputy Secretary of the Commonwealth. 



170 Acts, 1958. — Chap. 314. 

Chap. 314. An Act enlarging the powers and duties of the 
beacon hill architectural commission in the city 
of boston. 

Be it enacted, etc., as follows: 

Section 1. Chapter 616 of the acts of 1955 is hereby amended by 
striking out section 5 and inserting in place thereof the following sec- 
tion : — Section 6. Limitation on Issuance of Building Permit. — No 
permit shall be issued by the building commissioner for the construction 
of any structure in the historic Beacon Hill district or the reconstruc- 
tion, alteration or demolition of any structure now or hereafter in said 
district, except in cases excluded by section nine of this act, unless the 
application for such permit shall bear a certificate under section six of 
this act that no exterior architectural feature is involved or shall be 
accompanied by a certificate of appropriateness issued under section 
seven of this act. 

Section 2, Section 7 of said chapter 616 is hereby amended by 
striking out, in line 3, the words "or alter" and inserting in place 
thereof the words : — , alter, change the exterior color of or demolish, — 
and by striking out, in lines 30, 49 and 62, the words "or alteration" 
and inserting in place thereof, in each instance, the words: — , altera- 
tion, change in exterior color or demolition. 

Section 3. Said chapter 616 is hereby further amended by striking 
out section 8. 

Section 4. Said chapter 616 is hereby further amended by striking 
out section 9 and inserting in place thereof the following section : — 
Section 9. Exclusions. — Nothing in this act shall be construed to 
prevent any ordinary maintenance or repair of an exterior architectural 
feature now or hereafter in the historic Beacon Hill district which 
involves no change in design, material, color or outM^ard appearance 
thereof; nor shall anything in this act be construed to prevent the 
construction, reconstruction, alteration or demolition of any such feature 
which the building commissioner shall certify is required by the public 
safety because of an unsafe or dangerous condition. 

Section 5. Said chapter 616 is hereby further amended by striking 
out section 1 1 and inserting in place thereof the following section : — 
Section 11. Enforcement. — Whoever constructs, reconstructs, alters, 
changes the exterior color of or demolishes any exterior architectural 
feature now or hereafter in the historic Beacon Hill district in \dolation 
of this act shall be punished by a fine of not less than fifty dollars nor 
more than one thousand dollars. 

The superior court sitting as aforesaid may, upon application of 
the commission, restrain the construction, reconstruction, alteration, 
change in exterior color or demolition of any exterior architectural fea- 
ture now or hereafter in the historic Beacon Hill district in violation of 
this act and order the removal of any such exterior architectural feature 
constructed or reconstructed in violation thereof and the substantial 
restoration of any such exterior architectural feature altered or demol- 
ished in violation thereof or the exterior color of which is changed in 
violation thereof. Approved May 7, 1958. 



Acts, 1958. — Chaps. 315, 316, 317. 171 

Chap. 315. An Act extending the historic beacon hill district 
IN the city of boston. 

Be it enacted, etc., as follows: 

Section 1. Chapter 616 of the acts of 1955 is hereby amended by 
inserting after section 1 the following section: — Section lA. The His- 
toric Beacon Hill District created by section one is hereby enlarged and 
extended to include an area contiguous thereto, bounded as follows: — 
southerly by Byron street; westerly by Brimmer street; southerly 
again by Beaver place; westerly again by Embankment road; northerly 
by Pinckney street; and easterly by a line parallel with, and eighty 
feet distant westerly from, the westerly line of Charles street. 

Section 2. Nothing in this act shall be construed to prevent or af- 
fect the construction, reconstruction, alteration or demolition of any 
structure within the area defined in section one under a permit issued 
prior to the effective date of this act by the building commissioner of 
the city of Boston whether or not an exterior architectural feature is 
involved. Approved May 7, 1968. 



Chap. 316. An Act designating the treatment center of the 
foxborough state hospital as the dr. roderick b. 
dexter treatment center. 

Be it enacted, etc., as follows: 

Section 1. The treatment center of the Foxborough state hospital 
shall be designated and known as the Dr. Roderick B. Dexter Treat- 
ment Center in lasting recognition of Dr. Dexter's great service to the 
public as a humanitarian and pubHc-spirited citizen. The department 
of mental health is hereby authorized and directed to erect in an appro- 
priate location a suitable plaque bearing said designation. 

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

Approved May 12, 1958. 



Chap. 317. An Act extending the time within which boston 
police post no. 1018, veterans of foreign wars of the 
united states, inc., may construct a certain build- 
ing on land conveyed to it by the commonwealth. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 416 of the acts of 1954 is hereby 
amended by striking out, in line 14, the word "fifty-nine" and inserting 
in place thereof the word : — sixty-four, — so as to read as follows : — 
Section 1. The commissioner of mental health, in the name and on 
behalf of the commonwealth, is hereby authorized, subject to the 
approval of the governor and council, to convey for a nominal considera- 
tion to Boston Police Post, No. 1018, Veterans of Foreign Wars of the 
United States, Inc. all the right, title and interest of the commonwealth 
in and to a triangular parcel of land at the Boston state hospital, bounded 
as follows : — Southerly by the American Legion Highway ; westerly by 
Morton street; and northerly by Canterbury street. In the event that 
a structure, such as a club house to be used as a recreational or educa- 



172 Acts, 1958. — Chaps. 318, 319, 320, 321. 

tional center, is not constructed on said land by the grantee on or before 
the first day of January, nineteen hundred and sixty-four, then title to 
all of said land shall revert to and be vested in the commonwealth. The 
deed conveying said land shall be approved as to its form by the attorney 
general. 
Section 2. This act shall take effect upon its passage. 

Approved May 12, 1958. 

Chap. 318. An Act relative to expenditures of money by the 

COUNTY commissioners OF FRANKLIN COUNTY FOR THE 
PURPOSE OF ADVERTISING AND PROMOTING FAIRS IN SAID 
COUNTY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of FrankUn county may, for 
the purpose of advertising and promoting fairs in said county, expend 
such sums, not exceeding, in the aggregate, five hundred dollars in any 
one year, as may be appropriated therefor. 

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

Approved May 12, 1958. 

Chap. 319. An Act authorizing the city of malden to pay the 

clarendon construction & TRUCKING CO., INC. FOR 
MATERIALS FURNISHED TO SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The city of Maiden is hereby authorized to pay to 
Clarendon Construction & Trucking Co., Inc. the sum of thirteen hun- 
dred and seventy-eight dollars and eighty cents for materials furnished 
by it to said city, the claim for such sum being legally unenforceable by 
reason of the failure of said city to invite bids for such materials pur- 
suant to law. 

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

Approved May 12, 1958. 

Chap. 320. An Act repealing the law providing for the desig- 
nation OF route 17 FROM DAN VERS TO NEW HAMPSHIRE 

AS route 1 alternate. 

Be it enacted, etc., as follows: 

Chapter seven hundred and fourteen of the acts of nineteen hundred 
and fifty-six is hereby repealed. Approved May 12, 1958. 

Chap. 321. An Act making certain clarifying changes in the 
contributory retirement law. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 32 of the General Laws is hereby 
amended by striking out the definition "Maximum age", as appearing 
in section 1 of chapter 658 of the acts of 1945, and inserting in place 
thereof the following definition : — 



Acts, 1958. — Chap. 321. 173 

"Maximum age", the age on the last day of the month in which any 
member classified in Group 1 as provided for in paragraph (2) (g) of 
section three attains age seventy, or if classified in Group 2 or Group 3 
attains age sixty-five. 

Section 2. Clause (iv) of paragraph (a) of subdivision (2) of section 
3 of said chapter 32, as most recently amended by section 1 of chapter 
609 of the acts of 1956, is hereby further amended by striking out, in 
line 14, the word and letter "Group A" and inserting in place thereof 
the word and number: — Group 1. 

Section 3. Said subdivision (2) of said section 3 of said chapter 32 
is hereby further amended by striking out paragraph (g), as most 
recently amended by section 1 of chapter 630 of the acts of 1957, and 
inserting in place thereof the following paragraph : — 

(g) Department heads shall furnish to the board within thirty days 
after the receipt of a written request therefor, a statement giving the 
name, title, rate of regular compensation, duties, date of birth and length 
and class of service of each employee in his department and thereupon 
the board shall classify each member in one of the following groups : 

Group 1. — Officials and general employees including clerical, admin- 
istrative and technical workers, laborers, mechanics and all others not 
otherwise classified. 

Group 2. — Members of poHce and fire departments not classified in 
Group 1, members of the police force of the metropolitan district com- 
mission, capitol poUce, pubfic works building poUce, permanent water- 
shed guards and permanent park pofice, employees of the Port of Boston 
Commission comprising guards, guard sergeants, head guard and chief 
of waterfront poUce, conservation officers paid as such, district fire 
wardens, coastal wardens in the department of natural resources, 
officials and employees of the registry of motor vehicles having pofice 
powers, officials and employees of the department of pubfic safety 
having pofice powers, employees of a municipal gas or electric plant 
who are employed as finemen, electric switchboard operators, electric 
maintenance men, steam engineers, boiler operators, firemen, oilers, 
mechanical maintenance men and supervisors of said employees, em- 
ployees of the General Edward Lawrence Logan International Airport, 
comprising permanent crash crewmen, fire control man, assistant fire 
control men, and employees of the commonwealth and of any county, 
regardless of any official classification, whose regular and major duties 
require them to have the care, custody, instruction or other supervision 
of prisoners or insane persons or of defective definquents; provided, 
that no member who attains age sixty-five while classified in Group 1 
may thereafter be classified in Group 2, irrespective of change of em- 
ployment. 

Group 3. — Officers and inspectors of the division of state police in 
the department of public safety referred to in section twenty-six, who 
shall be retired and receive retirement allowances as provided for in said 
section and in section seven, anything in sections one to twenty-eight 
inclusive to the contrary notwithstanding. 

Section 4. The first sentence of paragraph (a) of subdivision (1) of 
section 5 of said chapter 32, as amended by section 4 of chapter 388 of 
the acts of 1947, is hereby further amended by striking out, in lines 2 
and 3, the words "Group A or Group B" and inserting in place thereof 
the words: — Group 1 or Group 2. 



174 



Acts, 1958. — Chap. 321. 



Section 5. Said subdivision (1) of said section 5 of said chapter 32, 
is hereby amended by striking out paragraph (c), as appearing in sec- 
tion 1 of chapter 658 of the acts of 1945, and inserting in place thereof 
the following paragraph : — 

(c) Any member in service who, as the result of the provisions of 
paragraph (2) (g) of section three, is reclassified as a member in Group 2 
after attaining the maximum age for said group, upon his written request 
and with the approval of the board, may be continued in service for a 
period not exceeding two years from the date as of which he is reclassified 
but in no event beyond the maximum age for a member classified in 
Group 1 ; provided, that no deductions shall be made from his regular 
compensation after such date of reclassification and when retired he 
shall receive a superannuation retirement allowance equal to that to 
which he would have been entitled under his new classification if retired 
at the maximum age for a member classified in Group 2. Such member 
upon such reclassification shall be paid that portion of the amount of 
his accumulated regular deductions which is attributable to his service 
after attaining the maximum age for a member classified in Group 2. 

Section 6. Paragraph (a) of subdivision (2) of said section 5 of 
said chapter 32, as appearing m section 1 of chapter 661 of the acts of 
1957, is hereby amended by striking out, in fine 2, the words "Group A 
or Group B" and inserting in place thereof the words: — Group 1 or 
Group 2. 

Section 7. Said paragraph (o) of said subdivision (2) of said sec- 
tion 5 of said chapter 32 is hereby further amended by striking out the 
table, as so appearing, and inserting in place thereof the following 
table : — 

Table showing Percentage of the Amount of Average Annual Rate of Regular Compen- 
sation to be multiplied by the Number of Years of Creditable Service. 







Age Last Birthday at Date 






OF Retirement. 














Group 1. 


Group 2. 


2.5 . 




65 or over 


60 or over 


2.4 . 




64 


59 


2.3 . 




63 


58 


2.2 . 




62 


57 


2.1 . 




61 


56 


2.0 . 




60 


55 


1.9 . 




59 


- 


1.8 . 




58 


- 


1.7 . 




57 


- 


1.6 . 




56 


- 


1.5 . 




55 





Section 8. Paragraph (c) of said subdivision (2) of said section 5 
of said chapter 32, as so appearmg, is hereby amended by striking out, 



Acts, 1958. — Chap. 321. 175 

in line 1, the words "Group A or Group B" and inserting in place 
thereof the words: — Group 1 or Group 2. 

Section 9. Paragraph (d) of said subdivision (2) of said section 5 
of said chapter 32, as so appearing, is hereby amended by striking out, 
in line 2, the words "Group A or Group B" and inserting in place thereof 
the words: — Group 1 or Group 2. 

Section 10. Subdivision (1) of section 6 of said chapter 32 is hereby 
amended by striking out, in lines 1 and 2, as appearing in section 5 of 
chapter 667 of the acts of 1947, the words "Group A or Group B" and 
inserting in place thereof the words: — Group 1 or Group 2. 

Section 11. Subdivision (2) of said section 6 of said chapter 32, as 
appearing in section 1 of chapter 658 of the acts of 1945, is hereby 
amended by striking out, in line 9 and in line 18, the words "Group A 
or Group B " and inserting in place thereof, in each instance, the words: — 
Group 1 or Group 2. 

Section 12. Subdivision (1) of section 7 of said chapter 32 is hereby 
amended by striking out, in lines 2 and 3, as so appearing, the words 
"Group A or Group B, or any member in service classified in Group C" 
and inserting in place thereof the words : — Group 1 or Group 2, or any 
member in service classified in Group 3. 

Section 13. Paragraph (a) of subdivision (2) of said section 7 of 
said chapter 32 is hereby amended by striking out, in lines 2 and 3, as 
so appearing, the words "Group A or Group B, or for any member 
classified in Group C" and inserting in place thereof the words: — 
Group 1 or Group 2, or for any member classified in Group 3. 

Section 14. Paragraph (6) of said subdivision (2) of said section 7 
of said chapter 32, as so appearing, is hereby amended by striking out, 
in line 4, the words "Group B" and inserting in place thereof the words: 
— Group 2. 

Section 15. Paragraph (a) of subdivision (3) of said section 7 of 
said chapter 32, as so appearing, is hereby amended by striking out, in 
line 8, the words "Group B or Group C" and inserting in place thereof 
the words: — Group 2 or Group 3. 

Section 16. Paragraph (b) of said subdivision (3) of said section 7 
of said chapter 32, as so appearing, is hereby amended by striking out, 
in line 2, the words "Group B or Group C" and inserting in place thereof 
the words: — Group 2 or Group 3. 

Section 17. Subdivision (1) of section 10 of chapter 32, as most 
recently amended by section 2 of chapter 661 of the acts of 1957, is 
hereby further amended by striking out, in line 1, the words "Group A 
or Group B" and inserting in place thereof the words: — Group 1 or 
Group 2, — and by striking out, in line 33, the words "Group A" and 
inserting in place thereof the words: — Group 1. 

Section 18. Paragraph (b) of subdivision (2) of said section 10 of 
said chapter 32 is hereby amended by striking out, in line 1 , as appearing 
in section 1 of chapter 784 of the acts of 1951, the words "Group A or 
Group B" and inserting in place thereof the words: — Group 1 or 
Group 2. 

Section 19. Paragraph (6) of subdivision (1) of section 16 of said 
chapter 32, as appearing in section 1 of chapter 658 of the acts of 1945, 
is hereby amended by striking out, in lines 1 and 2, the words "Group A 



176 Acts, 1958. — Chap. 322. 

or Group B" and inserting in place thereof the words: — Group 1 or 
Group 2. 

Section 20. Subdivision (2) of said section 16 of said chapter 32, 
as most recently amended by section 2 of chapter 784 of the acts of 1951, 
is hereby further amended by striking out, in Une 2, the words "Group 
A or Group B" and inserting in place thereof the words: — Group 1 or 
Group 2. 

Section 21. Paragraph (a) of subdivision (3) of said section 16 of 
said chapter 32, as appearing in section 1 of chapter 658 of the acts of 
1945, is hereby amended by striking out, in lines 1 and 2, the words 
"Group A or Group B" and inserting in place thereof the words: — 
Group 1 or Group 2, 

Section 22. Subdivision (5) of said section 16 of said chapter 32, 
as so appearing, is hereby amended by striking out, in line 11, the words 
"Group C" and inserting in place thereof the words: — Group 3. 

Section 23. Paragraph (a) of subdivision (2) of section 26 of said 
chapter 32, as so appearing, is hereby amended by striking out, in Une 1, 
the words "Group C" and inserting in place thereof the words: — 
Group 3. 

Section 24. Paragraph (a) of subdivision (3) of said section 26 of 
said chapter 32, as so appearing, is hereby amended by striking out, in 
hne 1 and in line 17, the words "Group C" and inserting in place thereof, 
in each instance, the words: — Group 3. 

Section 25. Paragraph (b) of said subdivision (3) of said section 26 
of said chapter 32, as so appearing, is hereby amended by striking out, 
in line 1, the words "Group C" and inserting in place thereof the 
words: — Group 3. 

Section 26. Subdivision (4) of said section 26 of said chapter 32, 
as so appearing, is hereby amended by striking out, in line 5, the words 
"Group C" and inserting in place thereof the words: — Group 3. 

Approved May 12, 1958. 



Chap. 322. An Act clarifying the penalty which may be im- 
posed UPON PERSONS MAKING FALSE REPORTS RELATIVE 
TO THE LOCATION OF EXPLOSIVES OR OTHER DANGEROUS 
SUBSTANCES. 

Be it enacted, etc., as follows: 

Chapter 269 of the General Laws is hereby amended by striking out 
section 14, inserted by chapter 210 of the acts of 1957, and inserting in 
place thereof the following section: — Section 14- Whoever, knowing 
the same to be false, transmits or causes to be transmitted to any per- 
son by telephone or other means a communication falsely reporting the 
location of any explosive or other dangerous substance or contrivance 
thereby causing anxiety, unrest, fear, or personal discomfort to any 
person or group of persons, shall be punished by imprisonment in the 
state prison for not more than ten years, or by imprisonment in a jail 
for not more than two and one half years or by a fine of not more than 
one thousand dollars or by both such fine and imprisonment in jail. 

Approved May 12, 1968. 



Acts, 1958. — Chaps. 323, 324. 177 

Chap. 323. An Act making certain bills for services of physi- 
cians, DENTISTS AND CERTAIN HOSPITALS ADMISSIBLE IN 
EVIDENCE IN ACTIONS OF TORT FOR PERSONAL INJURIES. 

Be it enacted, etc., as follows: 

Chapter 233 of the General Laws is hereby amended by inserting after 
section 79F, inserted by chapter 476 of the acts of 1952, the following 
section: — Section 79G. In an action of tort for personal injurie.«5, or 
for consequential damages arising therefrom, an itemized bill for medi- 
cal, dental or hospital services rendered to a person injured, subscribed 
and sworn to under the penalties of perjury, by the physician, dentist 
or authorized agent of the hospital rendering such services, shall be 
admissible as evidence of the fair and reasonable charge for such services; 
provided, that said bill shall include only the date and place of each 
service rendered because of said injury and the charge therefor without 
reference to the injury itself or the history thereof; and provided, fur- 
ther, that written notice of the intention to offer such a bill as such evi- 
dence, together with a copy thereof, has been given to the opposing 
party or parties, or to his or their attorneys, by mailing the same by 
certified mail, return receipt requested, not less than ten days before the 
trial, and that an affidavit of such notice and the return receipt is filed 
with the clerk of the court forthwith after said receipt has been re- 
turned. Nothing contained in this section shall be construed to limit 
the right of the defendant to summon, at his own expense, such physi- 
cian, dentist or agent or the records of such hospital for the purpose of 
cross examination with respect to such bill or record or to rebut the 
contents thereof, or for any other purpose, nor to limit the right of the 
defendant to summon any other person to testify in respect to such bill 
or record or for any other purpose. 

The words "physician" and "dentist" shall not include any person 
who is not licensed to practice as such under the laws of the jurisdiction 
within which such services were rendered. 

The word "hospital" shall mean any hospital required to keep records 
under section seventy of chapter one hundred and eleven, or which is 
in any way licensed or regulated by the laws of any other state, or by 
the laws and regulations of the United States of America, including 
hospitals of the Veterans Administration or similar type institutions, 
whether incorporated or not. Approved May 12, 1958. 



Chap. 324. An Act providing for the free distribution of the 

REPORT of the SPECIAL COMMISSION ESTABLISHED TO 
MAKE AN INVESTIGATION AND STUDY RELATIVE TO HIGH 
BLOOD PRESSURE. 

Be it enacted, etc., as follows: 

Section 1. The state secretary is hereby authorized and directed 
to transfer to the Paul A. McCarthy Memorial, also known as the hyper- 
tension laboratory of the Lemuel Shattuck Hospital all the volumes in 
his possession relating to study and report relative to high blood pressure 
and the means for the control thereof, said reports consisting of a bibli- 
ography and index of modern literature on high blood pressure, as 



178 Acts, 1958. — Chap. 325. 

authorized by chapters forty-nine and eighty-one of the resolves of nine- 
teen hundred and fifty-one. 

Section 2. The superintendent of the Lemuel Shattuck Hospital 
is hereby authorized in his discretion to distribute said volumes to per- 
sons, clinics or hospitals in this commonwealth, with or without charge. 

Approved May 12, 1958. 

Chap. 325. An Act authorizing the town of hopedale to convey 

CERTAIN parcels OF PARK LAND TO EMERSON B. TIFFT, 
TO FRANK V. PERRY AND IRENE C. PERRY AND TO JOSEPH F. 
BLATZ AND MADELINE J. BLATZ. 

Be it enacted, etc., as follows: 

Section 1. The town of Hopedale is hereby authorized to sell and 
convey to Emerson B. Tifft, for the consideration of three hundred 
dollars, a certain parcel of park land situated on the southwesterly side 
of Dutcher street in said town, being more particularly bounded and 
described as follows : — 

Beginning at an easterly comer of the granted premises at a granite 
bound in the southwesterly line of Dutcher street, said point being the 
northerly corner of other land of said Tifft; 

Thence S. 57° 46' 30" W., 100.33 feet to a granite bound; 

Thence S. 32° 13' 50" E., 65.25 feet to a granite bound at land of one 
Perry; said last two lines bounding on other land of said Tifft; 

Thence S. 55° 38' 05" W., 30.00 feet to a stake; 

Thence N. 9° 59' 30" W., 79.24 feet to a stake; 

Thence N. 57° 46' 30" E., 100.33 feet to the southwesterly line of said 
Dutcher street; said last three lines bounding on other land of the Town 
of Hopedale; 

Thence S. 32° 13' 50" E., along the southwesterly line of said street 
7.00 feet to the point of beginning. 

Containing about 1,785 square feet. 

Section 2. Said town is hereby further authorized to sell and convey 
to Frank V. Perry and Irene C. Perry, for the consideration of three 
hundred and fifty dollars, a certain parcel of park land situated off the 
southwesterly side of Dutcher street in said town, being more particu- 
larly bounded and described as follows: — 

Beginning at a granite bound at the northerly corner of the granted 
premises, said point being the westerly corner of other land of said 
Perrys; 

Thence S. 32° 13' 50" E., and bounding on said other land of said 
Perrys, 75.00 feet to a stake at the southerly corner of said other land 
of said Perrys; 

Thence S. 56° 41' 57" W., 30.00 feet to a stake; 

Thence N. 32° 13' 50" W., 74.44 feet to a stake; 

Thence N. 55° 38' 05" E., 30.00 feet to the point of beginning; said 
last three lines bounding on other land of the Town of Hopedale. 

Containing about 2,241 square feet. 

Section 3. Said town is hereby further authorized to sell and convey 
to Joseph F. Blatz and Madeline J. Blatz, for the consideration of two 
hundred and fifty dollars, a certain triangular parcel of park land, 
situated off the southwesterly side of Dutcher street, in said town of 
Hopedale, being more particularly bounded and described as follows: — 



Acts, 1958. — Chaps. 326, 327, 328. 179 

Beginning at a stake at the northerly corner of the granted premises, 
said point being the southerly corner of land of one Perry; 

Thence S. 32° 13' 50" E., 22.64 feet; 

Thence S. 80° 07' 10" W., 56.95 feet to a stake; said last two lines 
bounding on other land of said Blatzs; 

Thence N. 56° 41' 57" E., 52.68 feet to a point of beginning. 

Containing about 596 square feet. 

Section 4. Any action taken by the town of Hopedale at its annual 
town meeting in the current year pursuant to authority contained in 
sections one, two and three 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 annual town meeting. Approved May 12, 1968. 



Chap. 326. An Act inceeasing the amount that may be expended 

FOR legal assistance BY THE POLICE COMMISSIONER FOR 
THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section 9 of chapter 291 of the acts of 1906, as most 
recently amended by section 1 of chapter 54 of the acts of 1955, is 
hereby further amended by striking out, in hne 4, the word "eight" 
and inserting in place thereof the word : — eleven, — so as to read as 
follows: — Section 9. Said police commissioner may employ such legal 
assistance as he may deem necessary in the performance of his duties, 
and may incur expense therefor to an amount not exceeding eleven 
thousand dollars in any municipal year, which expense shall be paid by 
the city of Boston upon the requisition of said police commissioner. 

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

Approved Maij 13, 1958. 



Chap. 327. An Act increasing the number of assistant clerks 

OF THE courts FOR THE COUNTY OF BRISTOL AND RELAT- 
ING TO THEIR APPOINTMENT AND REMOVAL. 

Be it enacted, etc., as follows: 

Section 1, Section 5 of chapter 221 of the General Laws is hereby 
amended by striking out the second paragraph, as appearing in section 2 
of chapter 336 of the acts of 1943, and inserting in place thereof the 
following paragraph : — 

Bristol, a third assistant and a fourth assistant, subject to removal 
by the court or by the clerk. 

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

Approved May IS, 1958. 



Chap, 328. An Act designating a bridge in the town of charle- 
mont as mohawk indian bridge. 

Be it enacted, etc., as follows: 

Section 1. The bridge constructed over the Deerfield river at the 
approach to Mohawk park in the town of Charlemont shall be known 



180 Acts, 1958. — Chaps. 329, 330, 331, 332. 

and designated as the Mohawk Indian Bridge, and the department of 
public works shall erect thereon and thereafter maintain a suitable 
marker bearing said designation. 

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

Approved May IS, 1958. 



Chap. 329. An Act designating the new admission building at 

THE MEDFIELD STATE HOSPITAL AS THE GEORGE O. CLARK 
BUILDING. 

Be it enacted^ etc., as follows: 

Section 1. The admission building now being erected at the Med- 
field state hospital shall be known and designated as the George 0. 
Clark Building, in honor of George O. Clark, who, as a member and 
chairman of the board of trustees of said hospital, devoted many years 
to the interests of its patients. 

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

Approved May IS, 1958. 

Chap, 330. An Act designating the rotary circle on the state 
highway at president avenue and eastern avenue 
north in fall river as the fall river garden club 

CIRCLE. 

Be it enacted, etc., as follows: 

The rotary circle on the state highway at President avenue and 
Eastern avenue north in the city of Fall River, shall be known and 
designated as the Fall River Garden Club Circle, and a suitable marker 
bearing said designation shall be erected at a prominent place in said 
circle by the department of public works. Approved May IS, 1958. 

Chap. 331. An Act relative to the pension of school janitors 
in the city of woburn. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of section forty-five of 
chapter thirty-two of the General Laws, the provisions of section forty- 
five A of said chapter thirty-two shall apply to the city of Woburn. 

Section 2. This act shall take effect upon its acceptance by the 
mayor and city council of said city subject to the provisions of its char- 
ter, but not otherwise. Approved May IS, 1958. 

Chap. 332. An Act extending the application of certain provi- 
sions OF LAW relative TO THE SUPERVISION OF PLUMBING. 

Be it enacted, etc., as follows: 

Chapter 142 of the General Laws is hereby amended by striking out 
section 2, as appearing in the Tercentenary Edition, and inserting in 
place thereof the following section: — Section 2. Sections one to seven, 
inclusive, sections eleven and twelve, sections fourteen to twenty, in- 



Acts, 1958. — Chaps. 333, 334, 335. 181 

elusive, and section twenty-two shall apply to all cities, and section 
thirteen shall apply to all cities except Boston. Sections one through 
twenty-two, except section twenty-one, shall apply to all towns having 
a population of more than five thousand and all such towns shall have 
a plumbing code which shall be established in compliance with this 
chapter and all rules and regulations made thereunder by the examiners. 

Approved May 13, 1968. 



Chap. 333. An Act requiring fire drills for employees of 
nursing and convalescent homes. 

Be it enacted, etc., as follows: 

Section 28 of chapter 148 of the General Laws is hereby amended by 
striking out paragraph J., as appearing in section 12 of chapter 710 of 
the acts of 1945, and inserting in place thereof the following para- 
graph : — 

J. Requiring and regulating fire drills for employees of hospitals, 
theatres and other places of public amusement, and of nursing and 
convalescent homes licensed under section seventy-one of chapter one 
hundred and eleven, and in public and private schools. 

Approved May IS, 1958. 



Chap. 334. An Act authorizing the town of webster to charge 
non-residents thereof a fee for parking at memorial 
beach in said town. 

Be it enacted, etc., as follows: 

Section 1. The town of Webster is hereby authorized to charge any 
person who is not a resident thereof a fee for parking a motor vehicle 
at Memorial Beach in said town. 

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

Approved May 19, 1968. 

Chap. 335. An Act validating certain proceedings of the 
town of ipswich relative to a sewer project and 
other matters. 

Be it enacted, etc., as follows: 

Section 1. The proceedings taken by the town of Ipswich at its 
special town meeting held June third, nineteen hundred and fifty-seven 
and at the adjournment thereof held June eleventh, nineteen hundred 
and fifty-seven, including without limitation the proceedings authoriz- 
ing the borrowing of such sums as may be necessary, not exceeding in 
the aggregate, six hundred thousand dollars, and the issuance of bonds 
or notes therefor, which shall bear on their face the words, Ipswich 
Sewerage Loan, Act of 1946, are hereby validated. The bonds or notes 
may be issued accordingly and the project carried out, with federal aid 
to the extent it may be obtained, without further action of the state 
department of public health under section thirteen of chapter thirty of 
the acts of nineteen hundred and forty-six and without regard to 



182 Acts, 1958. — Chap. 336. 

chapter seventy-four of the acts of nineteen hundred and forty-five, as 
amended. The transfer of three thousand dollars which has been 
made from surplus revenues to meet the appropriation voted from 
taxation for the project is hereby validated. 

Section 2. In section eight of chapter three of the general by-laws 
of the town of Ipswich, as inserted pursuant to a vote at the nineteen 
hundred and fifty-six annual town meeting, the words "revenue pro- 
ducing department" shall be taken to refer to the water and electric 
departments and to no others. 

Section 3. The acceptance of chapter seventy of the acts of nine- 
teen hundred and fifty-seven at the annual town election of the town of 
Ipswich, held March tenth, nineteen hundred and fifty-eight, is hereby 
validated. 

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

Approved May 19, 1958. 



Chap. 336. An Act relative to the determination of the assess- 
ment OF THE excise TAX ON GASOLINE DUE FROM DE- 
LINQUENT UNCLASSIFIED IMPORTERS. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to clarify immediately the law with respect to the 
liability of persons to pay certain excise taxes, therefore it is hereby de- 
clared to be an emergency law, necessary for the immediate presei-va- 
tion of the pubUc convenience. 

Be it enacted, etc., as follows: 

Chapter 64A of the General Laws is hereby amended by striking out 
section 5, as most recently amended by section 9 of chapter 617 of the 
acts of 1957, and inserting in place thereof the following section: — 
Section 5. If a distributor or unclassified importer, having failed to 
file a return, or, having filed an incorrect or insufficient re turn, without 
reasonable excuse fails to file an original or corrected return, as the case 
may require, within twenty days after the giving of notice by mail, 
postage prepaid, to him by the commissioner of his delinquency, the 
commissioner shall determine the amount due, at any time within three 
years after the making of the earliest sale or importation, whichever is 
applicable, included in such determination, and shall notify the dis- 
tributor or unclassified importer of such determination by mail, post- 
age prepaid. The distributor or unclassified importer shall forthwith 
after the giving of such notice pay to the commissioner the amount so 
determined to be due, with interest at six per cent from the last day of 
the month in which the return is required to be made pursuant to sec- 
tion four. Any distributor or unclassified importer may within two 
years of the date of notice of such determination apply to the state tax 
commission upon a form prescribed by it for an abatement, and may 
appeal to the appellate tax board from the decision of the state tax 
commission on such apphcation for an abatement within ten days of 
the date of notice of such decision, which notice the state tax commission 
shall send by mail, postage prepaid, to the distributor or unclassified 
importer forthwith upon making such decision. Any distributor or 
unclassified importer who shall discover that any overpayinent of an 



Acts, 1958. — Chaps. 337, 338, 339. 183 

excise has been made by him under section four may within two years 
of the date of overpayment apply to the state tax commission on a 
form prescribed by it for a refund and may appeal to the appellate tax 
board from the decision of the state tax commission on such applica- 
tion for a refund within ten days of the date of notice of such decision, 
which notice the state tax commission shall send by mail, postage pre- 
paid, to the distributor or unclassified importer forthwith upon making 
such decision. Approved May 19, 1958. 

Chap. 337. An Act relative to defences in actions for false 
arrest brought by persons suspected of shoplifting. 

Be it enacted, etc., as follows: 

Chapter 231 of the General Laws is hereby amended by inserting 
after section 94 A, inserted by chapter 169 of the acts of 1953, the fol- 
lowing section: — Section 94B. In an action for false arrest or false 
imprisonment brought by any person by reason of having been detained 
for questioning on or in the immediate vicinity of the premises of a 
merchant, if such person was detained in a reasonable manner and for 
not more than a reasonable length of time by a person authorized to 
make arrests or by the merchant or his agent or servant authorized for 
such purpose and if there were reasonable grounds to beheve that the 
person so detained was committing or attempting to commit larceny of 
goods for sale on such premises, it shall be a defence to such action. If 
such goods had not been purchased and were concealed on or amongst 
the belongings of a person so detained it shall be presumed that there 
were reasonable grounds for such beUef. Approved May 19, 1958. 



Chap. 338. An Act extending the term of office of the treas- 
urer OF THE HILLCREST WATER DISTRICT FROM ONE YEAR 
TO TWO YEARS. 

Be it enacted, etc., as follows: 

Section 1. Section 9 of chapter 358 of the acts of 1950 is hereby 
amended by striking out the fourth sentence and inserting in place 
thereof the following sentence : — At the annual meeting of the district 
which shall be held in nineteen hundred and fifty-nine, the district shall 
elect by ballot, for a term of one year, a clerk who shall be elected an- 
nually thereafter, and for a term of two years, a treasurer, who shall be 
elected every second year thereafter. 

Section 2. This act shall take effect upon its acceptance at either 
the annual district meeting of the Hillcrest Water District to be held 
in the current year or a special district meeting called for the purpose. 

Approved May 19, 1958. 

Chap. 339. An Act validating certain payments made by the 
town of norwood to carl j. sundquist. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provisions of law to the contrary, 
the action taken by the town of Norwood in making payments totalling 



184 Acts, 1958. — Chaps. 340, 341. 

four thousand dollars between September seventeenth, nineteen hun- 
dred and fifty-seven and February twenty-sixth, nineteen hundred and 
fifty-eight, to Carl J. Sundquist for the clearing of a site for the new 
elementary school on Nichols street in said town is hereby confirmed 
and made valid. 

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

Approved May 20, 1958. 



Chap. 340. An Act authorizing the city of revere to increase 

THE retirement ALLOWANCE OF GEORGE J. PORTER. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of sections eighty-one 
and eighty-one B of chapter thirty-two of the General Laws, the re- 
tirement allowance to be paid George J. Porter, a retired member of 
the fire department of the city of Revere, shall be determined by the 
retiring authority of said city as though the said George J. Porter had 
held the position of deputy chief of said fire department at the time of 
his retirement. 

Section 2. This act shall take effect upon its acceptance by vote of 
the city council of the city of Revere, subject to the provisions of its 
charter, but not otherwise. Approved May 20, 1958. 



Chap. 341. An Act relative to the pensions of certain members 
of the judiciary. 

Be it enacted, etc., as follows: 

Section 1. Chapter 32 of the General Laws is hereby amended by 
striking out section 65A, as most recently amended by chapter 670 of 
the acts of 1956, and inserting in place thereof the following section: — 
Section 65 A. A chief justice or any associate justice of the supreme 
judicial court, the superior court or the municipal court of the city of 
Boston, any judge or associate judge of the land court, any judge of 
probate and insolvency, a justice of any district court other than the 
municipal court of the city of Boston, or a justice of the Boston juvenile 
court, who shall be retired under Article LVIII of the amendments to the 
constitution shall thereupon be entitled to receive a pension for life 
at an annual rate equal to three fourths of the annual rate of salary 
payable to him at the time of such retirement, to be paid from the same 
source and in the same manner as the salaries of like judicial officers 
of his court are paid. 

A chief justice, justice, associate justice, judge or associate judge of 
any such court or courts appointed to any such judicial office on or before 
July thirty-first, nineteen hundred and fifty-six, who, after having 
served in any such office or offices at least ten years continuously, not- 
withstanding that this continuous service may involve one or more 
appointments made subsequent to July thirty-first, nineteen hundred 
and fifty-six, and having attained the age of seventy years, shall resign 
his office, shall thereupon be entitled to receive a pension for life at an 
annual rate equal to three fourths of the annual rate of salary payable 
to him at the time of such resignation, to be paid from the same source 



Acts, 1958. — Chap. 342. 185 

and in the same manner as the salaries of Uke judicial officers of his 
court are paid. 

A chief justice, justice, associate justice, judge or associate judge of 
any such court or courts appointed to his office after July thirty-first, 
nineteen hundred and fifty-six, and to whom the provisions of the pre- 
ceding paragraph are not apphcable, who, after having served in any 
such office or offices at least ten years continuously and having attained 
the age of seventy years, shall resign his office at any time within thirty 
days thereafter, shall thereupon be entitled to receive a pension for life 
at an annual rate equal to three fourths of the annual rate of salary 
payable to him at the time of such resignation, to be paid from the same 
source and in the same manner as the salaries of like judicial officers of 
his court are paid. 

A justice of a district court who is retired under Article LVIII of the 
amendments to the constitution or who resigns in accordance with the 
provisions of this section, and who has served continuously for ten 
years prior to such retirement or resignation in the appellate division of 
a district court or in the superior court under the provisions of sections 
fourteen B to fourteen E of chapter two hundred and twelve, or corre- 
sponding provisions of earlier laws, or as a member of the administrative 
committee of the district courts, shall, in addition to all other amounts 
received under the provisions of this section, be entitled to receive a 
pension for life equal to three fourths of the average annual compensa- 
tion paid him for such service during the ten years next preceding such 
retirement or resignation. 

Section 2. Chapter six hundred and sixty-eight of the acts of nine- 
teen hundred and fifty-seven is hereby repealed. 

Approved May 20, 1958. 

Chap. 342. An Act making appropriations for the fiscal year 
ending june thirtieth, nineteen hundred and fifty- 
eight, to provide for supplementing certain exist- 
ing appropriations. 

Be it enacted, etc., as follows: 

Section 1. To provide for supplementing certain appropriations 
previously made, the sums set forth in sections two and three of this act 
are hereby made available from the funds designated in said sections, 
to be in addition to any amounts otherwise available for the purpose, 
subject to the provisions of law regulating the disbursement of public 
funds and the approval thereof and the conditions pertaining to said 
appropriations in chapters four hundred and thirty-eight, seven hun- 
dred and forty-three and seven hundred and seventy-one of the acts of 
nineteen hundred and fifty-seven. 

Section 2. 

STATE PURPOSES APPROPRIATIONS. 

APPROPRIATIONS MADE FROM THE GENERAL FUND. 

Service of the Executive Department. 

Extraordinary Expenses. 

Item 
0405-01 Notwithstanding the provisions of section thirteen of chapter twenty-nine 
of the General Laws, the unexpended balance remaining in item 0-105-01 
of section two of chapter four hundred and two of the acts of nineteen 



186 



Acts, 1958. — Chap. 342. 



Item 



0604-03 



1313-01 



hundred and fifty-seven is hereby reappropriated to expire on June 
thirtieth, nineteen hundred and fifty-nine, for the purpose of printing 
papers of a former governor. 

Service of the Treasurer and Receiver-General. 
State Board of Retirement. 

Item 0604-03 of section two of chapter seven hundred and forty-three of 
the acts of nineteen hundred and fifty-seven is hereby amended by 
striking out the wording and inserting in phice thereof the following: — 

For the payment of the commonwealth's share in financing the state 
employees' retirement system, as provided by chapter thirty-two of the 
General Laws, prior appropriation continued; provided, that the comp- 
troller shall transfer to the General Fund the sum of seven hundred and 
ninety thousand dollars from the Highway Fund and the sum of twenty- 
five thousand dollars from the Inland Fisheries and Game Fund; and, 
provided further, that the amounts of reimbursements received from 
the metropolitan district commission, in accordance with the provisions 
of section nine A of chapter twenty-nine of the Genera! Laws, and from 
the federal government on account of the retirement of emploj-ees of 
the division of employment security and the department of public 
health are to be in addition to this item and to be available for expendi- 
ture without further appropriation .... $617,000 CO 

Service of the Department of Education. 

Division of University Extension. 

Item 1313-01 of section two of chapter seven hundred and forty-three of 
the acts of nineteen hundred and fifty-seven is hereby amended by 
striking out the wording and inserting in place thereof the following: — ^ 

For the university extension courses, including not more than forty-six 
permanent positions; provided, that the division may, in addition to 
the sums appropriated for the purpose in this item, expend from the 
receipts, without appropriation, income derived from such courses as 
may be conducted at no net expense to the commonwealth to an amount 
not exceeding two hundred thousand dollars with the approval of the 
state board of education. 



Service of the Department of Mental Health. 

For the maintenance of and for certain improvements at the following in- 
stitutions under the control of the department of mental health: 

1711-00 Item 1711-00 of section two of chapter seven hundred and forty-three of 
the acts of nineteen hundred and fifty-seven is hereby amended by 
adding at the end thereof the following: — , and including the payment 
authorized by chapter six of the resolves of nineteen hundred and 
fifty-eight. 

1715-00 \ From the unexpended balance remaining in item 1715-00 of section two of 

1715-22 / chapter seven hundred and forty-three of the acts of nineteen hundred 
and fifty-seven, the sum of one thousand two hundred and sixty-nine 
dollars is hereby transferred and made available for the purposes of 
item 1715-22 of section two of chapter four hundred and fifty-three of 
the acts of nineteen hundred and fifty-four. 

7717-48 Item 7717-48 of chapter seven hundred and fifty-six of the acts of nineteen 
hundred and fifty-one is hereby amended by striking out the wording 
and inserting in place thereof the following: — 
For the replacement and enlargement of sewers, appropriation expires 
June thirtieth, nineteen hundred and fifty-nine. 

Non-Contributory Pensions. 

2811-02 Item 2811-02 of section two of chapter four hundred and thirty-eight of 
the acts of nineteen hundred and fifty-seven is hereby amended by strik- 
ing out the wording and inserting in place thereof the following: — 



Acts, 1958. — Chap. 342. 187 

Item 

For the compensation of veterans who may be retired by the governor 
under the provisions of sections fifty-six to fifty-nine, inclusive, of 
chapter thirty-two of the General Laws, and for the cost of medical 
examinations in connection therewith; provided, that the comptroller 
shall transfer to the General Fund the sum of four hundred and seventy- 
three thousand dollars from the Highway Fund . . $260,000 00 

Miscellaneous. 

2820-03 Item 2820-03 of section two of chapter seven hundred and seventy-one 
of the acts of nineteen hundred and fifty-seven is hereby amended by 
striking out, in lines seven to ten, inclusive, the words "the current year 
and including a certain claim authorized by house document numbered 
924, as amended, upon approval of the governor" and inserting in place 
thereof the following: — nineteen hundred and fifty-seven and including 
certain claims authorized by chapters ten and fifty-six of the resolves 
of nineteen hundred and fifty-eight .... $260 00 

2820-10 The unexpended balance remaining in item 2820-10 of section two of 
chapter six hundred and eighty-eight of the acts of nineteen hundred and 
fifty-six is hereby reappropriated to expire on June thirtieth, nineteen 
hundred and fifty-nine, and the commission authorized by said item 
2820-10 to erect a statue in commemoration of the late Maurice J. 
Tobin is hereby revived and continued for the purpose of approving 
expenditures authorized from said item, notwithstanding the date 
requiring the filing of a final report by said commission in chapter sixty 
of the resolves of nineteen hundred and fifty-seven. 



APPROPRIATIONS MADE FROM THE HIGHWAY FUND. 
Service of the Department of Public Works. 

Highway Activities. 

The salaries of all officers and employees of the department engaged in projects 
or activities relating to highways shall be charged for the nineteen hundred 
and fifty-eight fiscal year in full to appropriations authorized under the 
heading of "Highway Activities" in this act: 

2900-12] Frorn the unexpended balances remaining in items 2900-12 and 2900-36 
2900-36 \ of section two of chapter four hundred and thirty-eight of the acts of 
2900-02 J nineteen hundred and fifty-seven, the sum of seven hundred and fifteen 
thousand dollars from said item 2900-12 and the sum of one million 
and sixty thousand dollars from said item 2900-36 are hereby transferred 
and made available for the purposes of item 2900-02 of section two of 
chapter seven hundred and forty-three of the acts of nineteen hundred 
and fifty-seven, and said item 2900-02 is hereby amended by inserting 
in line twelve after the word "rules" the following: — ; and, provided 
further, that the sum of two million four hundred and seventy-five 
thousand dollars is hereby made available for personal services in addi- 
tion to the initial amounts made available for the purpose; and, pro- 
\adGd further, that there may be included a payment as authorized 
by chapter three of the resolves of nineteen hundred and fifty-eight. 
2000-08 \ From the unexpended balance remaining in item 2900-08 of section two 
2900-04 / of chapter four hundred and thirty-eight of the acts of nineteen hundred 
and fifty-seven, the sum of one hundred and sixty-five thousand dollars 
is hereby transferred and made available for the purposes of item 
2900-04 of section two of chapter four hundred and thirty-eight, and 
said item 2900-04 is hereby amended by inserting in line thirteen after 
the word "project" the following:— ; provided, that the sum of one 
million five hundred and twenty-five thousand dollars is hereby made 
available for personal services in addition to the initial amounts made 
available for the purpose; and, provided further, that there may be 
charged to this item the sum of nine dollars and forty-one cents deemed 
by the attorney general to be uncollectible. 



188 



Acts, 1958. — Chap. 342. 



Item 
2900-08 \ From the unexpended balance remaining in item 2900-08 of section two 
2900-80 / of chapter four hundred and thirty-eight of the acts of nineteen hundred 
and fifty-seven, the sum of thirty thousand dollars is hereby transferred 
and made available for the purposes of item 2900-80 of section two 
of chapter seven hundred and forty-three of the acts of nineteen hundred 
and fifty-seven. 

Service of the Registry of Motor Vehicles. 

2924-01 For the service of the registry, including not more than nine hundred and 
seventy-nine permanent positions; provided, however, that the incum- 
bent appointed on requisition number 75167Z shall be permanent under 
chapter thirty-one of the General Laws, notwithstanding any provision 
of law to the contrary $130,000 00 

Service of the Department of Public Safety. 

Division of State Police. 

2926-01 For the service of the division, including not more than six hundred and 
twenty-seven permanent positions .... $70,000 00 

Service of the Metropolitan District Commission. 

The following items are to be paid with the approval of the Metropolitan 
District Commission: 

2931-04 1 From the unexpended balance remaining in item 2931-04 of section two 
2931-06/ of chapter four hundred and two of the acts of nineteen hundred and 
fifty-seven, the sum of seventy-tWo thousand dollars is hereby trans- 
ferred and made available for the purposes of item 2931-06 of section 
two of chapter seven hundred and seventy-one of the acts of nineteen 
hundred and fifty-seven. 

APPROPRIATIONS MADE FROM THE INLAND FISHERIES 
AND GAME FUND. 

Service of the Department of Natural Resources. 

Division of Fisheries and Game. {It is hereby provided that federal funds 
received as reimbursements under the following items are to be credited 
as income to the Inland Fisheries and Game Fund): 

3304-31 For expenses of game farms and fish hatcheries, including not more than 
sixty-six permanent positions ..... $28,000 00 

Division of Law Enforcement. 

3308-05 For the payment of damages caused by Maid deer and wild moose, includ- 
ing not more than one permanent position, prior appropriation con- 
tinued $216 00 



APPROPRIATION PAYABLE FROM THE STATE RECREATION 

AREAS FUND. 

Service of the Department of Natural Resources. 

Division of Forests and Parks. 

4010-01 For the service of the bureau of recreation, including not more than 
seventy permanent positions and including as permanent under chapter 
thirty-one of the General Laws the present incumbents appointed on 
requisition numbers 77862 and 79956 notwithstanding the provision of 
any other law to the contrary ..... $30,578 00 



Acts, 1958. — Chap. 342. 189 



APPROPRIATIONS PAYABLE FROM THE METROPOLITAN DISTRICT 
COMMISSION FUNDS. 

TJie following appropriations are to be assessed upon the several districts 
in accordance with the methods fixed by law, unless otherwise provided, 
and to be expended under the direction of the Metropolitan District 
Commission: 

Metropolitan Parks, General. 

Item 

8602-57 1 The unexpended balances remaining in items 8602-57 and 8602-58 as 
8602-58 [ reappropriated in section two A of chapter four hundred and two of the 
8601-23 J acts of nineteen hundred and fifty-seven are hereby transferred and 

made available for the purposes of item 8601-23 of section two of 

chapter seven hundred and forty-six of the acts of nineteen hundred 

and fifty-six. 
8602-94 For a certain payment, as authorized by chapter twenty-three of the 

resolves of the current year ..... $700 00 

Metropolitan Sewerage, South System. 

8702-00 1 From the unexpended balance remaining in item 8702-00 of section two 
8807-00 J of chapter seven hundred and forty-three of the acts of nineteen hun- 
dred and fifty-seven, the sum of ten thousand seven hundred and 
fifty-four dollars is hereby transferred and made available for the pur- 
poses of item 8807-00 of section two of said chapter seven hundred and 
forty-three. 

Metropolitan Water System. 

8902-00 For the maintenance and operation of the metropolitan water system, 
including the retirement of veterans under the provisions of the General 
Laws and including not more than five hundred and ninety-five per- 
nanent positions ....... $163,694 00 

LOCAL AID APPROPRIATION. 

The following appropriation is for reimbursements and grants to local 
governments and for certain other purposes, and is to be in addition to any 
unexpended balance of appropriations heretofore made for the purpose: 

APPROPRIATION MADE FROM THE GENERAL FUND. 

Service of the Department of Corporations and Taxation. 

Reimbursement for Loss of Taxes. 

2612-01 \From the unexpended balance remaining in item 2612-01 of section two 
2612-02 / of chapter seven hundred and forty-three of the acts of nineteen hun- 
dred and fifty-seven, the sum of thirty-five thousand dollars is hereby 
transferred and made available for the purposes of item 2612-02 of sec- 
tion two of said chapter seven hundred and forty-three, and said item 
2612-02 is hereby amended by striking out the wording and inserting 
in place thereof the following: — 
For the reimbursement of cities and towns for abatements granted, as 
provided by section eight A of chapter fifty-eight or section five of 
chapter fifty-nine of the General Laws. 

DEBT SERVICE APPROPRIATIONS. 

APPROPRIATION MADE FROM THE HIGHWAY FUND. 

Interest and Redemption of Debt. 

2951-00 For the payment of interest on the direct debt of the commonwealth, to 
be in addition to the amount appropriated in item 2410-00, prior ap- 
propriation continued ...... $384,633 00 



190 



Acts, 1958. — Chap. 342. 



APPROPRIATIONS PAYABLE FROM THE STATE RECREATION AREAS 

FUND. 



Item 
4081-00 

4082-00 



Interest and Redemption of Debt. 

For the payment of interest on certain bonded debt of the common- 
wealth, to be in addition to any amounts otherwise available for the 
purpose ........ $22,032,00 

For certain serial bonds maturing, to be in addition to any amounts 
otherwise available for the purpose, prior appropriation 
continued 23,001 00 



DEFICIENCIES. 

For deficiencies in certain appropriations of previous years, in certain 
funds, as follows: 



2899-00 General Fund 

2999-00 Highway Fund 

4099-00 State Recreation Areas Fund . 

8999-00 MetropoUtan District Water Fund 



$12,783 00 

8,531 00 

36 00 

1,260 00 



Section 2A. For the purpose of making available for expenditure 
in the fiscal year nineteen hundred and fifty-nine certain balances of 
appropriations which otherwise would revert on June thirtieth, nineteen 
hundred and fifty-eight, the unexpended balances of the items shown 
below are hereby reappropriated: 



0406-07 
0466-21 
0496-03 
1301-23 
1330-25 
1333-32 
1339-24 
1712-22 
1712-23 
1715-24 
1718-24 
1718-25 
1720-26 
1722-23 
1723-23 
1723-24 
1812-21 
2202-05 
2202-22 
2844-01 
2847-01 
2900-11 
2900-13 



2900-14 
2900-25 
2900-26 
2900-27 
2900-29 
2900-31 
2900-41 
2900-48 
2900-49 
2926-07 
2926-18 
2926-19 
2926-21 
2931-04 
2931-20 
2931-53 
2931-56 
3304-58 
3809-22 
4050-08 
7613-05 
7613-11 
7617-11 



7617-16 
7618-01 
7620-02 
7629-01 
7629-03 
7717-54 
7722-83 
7729-92 
7786-02 
7918-86 
8254-11 
8254-18 
8254-23 
8254-24 
8254-25 
8254-27 
8254-28 
8254-29 
8321-00 
8324-01 
8457-02 
8457-03 
8601-24 



8601-34 
8602-84 
8602-85 
8602-86 
8602-88 
8602-89 
8602-90 
8602-91 
8602-92 
8702-24 
8702-25 
8807-24 
8807-25 
8902-24 
8902-26 
8902-38 
8902-39 
8902-42 
8902-60 
8902-82 
9102-01 



Section 3. From the unexpended balances of appropriations re- 
maining in amounts appropriated in chapters four hundred and thirty- 
eight, seven hundred and forty-three and seven hundred and seventy- 
one of the acts of nineteen hundred and fifty-seven, the total sum of 
one million eight hundred and sixty-seven thousand seven hundred and 
twenty-seven dollars is hereby transferred from the following items as 
hsted in schedule A and made available for the purposes of the items 
as hsted in schedule B for a total sum of one milhon eight hundred and 
sixty-seven thousand seven hundred and twenty-seven dollars. 



Acts, 1958. — Chap. 342. 



191 



Schedule A. 
STATE PURPOSES APPROPRIATIONS. 

Item 

0406-01 Civil Defense Agency, Administration 

0481-01 Soldiers' Home in Massachusetts 

0482-01 Soldiers' Home in Holyoke 

1387-01 Hampden County Detention Center . 

1389-01 Worcester County Detention Center . 

1701-05 Community Nurseries for Retarded Children 

1717-00 Metropolitan State Hospital 

1721-00 Worcester State Hospital . 

1722-00 Monson State Hospital 

1727-00 Cushing Hospital 

1801-02 Correction, Administration. 

1802-01 Correctional Institution Camps 

1810-01 Correctional Institution at Bridgewater 

1812-02 Correctional Institution at Walpole, Industries 

1814-02 Correctional Institution at Concord, Industries 

1816-01 Correctional Institution at Framingham 

1816-02 Correctional Institution at Framingham, Industries 

1818-02 Correctional Institution at Norfolk, Industries 

2001-02 Public Health, Administration . 

2003-01 Bureau of Preventive Disease Control 

2005-01 Bureau of Hospital Facilities 

2006-01 Bureau of Tuberculosis and Institutions 

2007-01 Institute of Laboratories .... 

2025-00 Westfield State Sanatorium 

2026-00 Lemuel Shattuck Hospital .... 

2031-00 Pondville Hospital 

2301-24 New England Telephone and Telegraph Rate Case 



$20,000 CO 
125,200 00 
100,000 00 

32,150 00 

38,000 00 

54,027 00 
100,000 00 
100,000 00 
322,000 00 
100,000 00 

40,000 00 
5,000 00 

67,000 00 
5,000 00 

30,000 00 
6,000 00 

25,000 00 
5,000 00 

14,000 00 
124,000 00 

16,000 00 
6,500 00 

34,000 00 

25,000 00 
375,000 00 

50,000 00 

48,850 00 



Schedule B. 
STATE PURPOSES APPROPRIATIONS. 

0101-60 Senate Committees, Expenses .... 

0102-06 House Counsel, Salaries ..... 

0102-07 House Committee on Rules, Salaries . 

0102-52 House Committee on Rules, Expenses 

0102-53 House Counsel, Expenses ..... 

0103-02 Sergeant-at-Arms, Clerical Assistance . 

0103-04 Assistant Doorkeepers and General Court Officers 

0103-05 Sergeant-at-Arms, Pages' Compensation 

0110-02 Legislative Printing 

0110-04 Legislative Bulletin 

0110-05 Legislative Telephone Service .... 

0110-11 Printing Veterans' Laws ..... 

0110-21 Descriptive Pamphlet of Murals ... 

0110-30 Travel, Joint Committees 

0257-22 New York, New Haven and Hartford Railroad Commis 

sion ........ 

0305-04 Superior Court, Expenses ..... 

0305-11 Compensation, Justices of District Courts in the Superior 

Court . . ... . . . 

0305-12 Expenses, Justices of District Courts in the Superior 

Court . . . . . . . . 

0320-04 Expenses of the Administrative Committee of Probal 

Courts ........ 

0345-01 Retired Justices' Pensions ..... 

0423-24 Repairs, Fall River National Guard Armory 

0448-02 Employees' Group Insurance, State Share . 

0485-03 Disabled Veterans' Annuities .... 

0802-01 Settlement of Certain Claims .... 



$1,000 00 

4,500 00 

3,190 00 

2,000 00 

500 00 

70 00 

12,511 00 

6,297 00 

65,000 00 

30,000 00 

5,000 00 

300 00 

600 00 

3,000 00 

15,000 00 
2,717 00 

46,814 00 

12,201 00 

250 00 

12,250 00 

79,000 00 

114,000 00 

2,600 00 

40,000 00 



192 



Acts, 1958. — Chap. 342. 



Funeral Di- 



Item 

0901-02 Office of the Commissioner of Agriculture 

0906-01 Milk Control Commission . 

0907-08 Reimbursement for Brucellosis Cattle Killed 

1002-12 State Fire Warden — Forest Fires 

1002-21 Development of Forests 

1203-21 County Personnel Board 

1301-02 Office of the Commissioner of Education 

1305-01 School Lunch and Commodity Distribution Program 

Administration 

1311-01 Education of Deaf and Blind Pupils 

1317-18 Payments to Blind Persons 

1327-10 Massachusetts Maritime Academy, Mainten 

1380-01 Division of Youth Service, Administration 

1381-01 Industrial School for Boys . 

1382-01 Industrial School for Girls . 

1383-01 Lyman School for Boys 

1384-01 Reception-Detention Facilities, Boys . 

1386-01 Reception-Detention Facilities, Girls . 

1388-01 Residential Treatment Unit, Oakdale . 

1402-02 Division of Civil Service 

1409-01 Board of Registration in Embalming and 

recting ...... 

1812-01 Correctional Institution at Walpole 

1814-01 Correctional Institution at Concord 

1818-01 Correctional Institution at Norfolk 

2004-01 Bureau of Health Services . 

2301-09 Public Utilities, Special Investigations 

2304-01 Commercial Motor Vehicle Division . 

2805-01 Annuities — Soldiers and Others 

2805-02 Claims — Families of Slain Employees 

2820-06 Reimbursement for Funds Escheated . 

2820-08 Claims — Unpaid Checks . 

2844-01 Salary Adjustments — Section 15, Chapter 743, Acts of 

1957 

LOCAL AID APPROPRIATIONS. 

2603-01 Compensation of Certain Special Justices 

2609-01 Compensation of Inspectors of Animals 

2613-03 School Superintendents in Small Towns 

2613-04 Transportation of Pupils . 

2613-05 Vocational Education 

2613-06 English-Speaking Classes . 

2613-10 Education of Deaf and Blind Pupils 

2613-11 Retired Teachers' Pensions 

DEBT SERVICE. 

2410-00 General Fund Interest 

Section 4. Section 13 of chapter 743 of the acts of 1957 is hereby 
amended by inserting after the word "group", in hne 12, the words: — 
; provided, however, that an amount of four thousand six hundred and 
forty-nine dollars and sixty-eight cents paid as salaries is hereby ratified 
and approved, notwithstanding the provisions of said chapter four 
hundred and eighty-two. 

Section 5. Notwithstanding the provisions of paragraphs six, seven 
and eight of section forty-six of chapter thirty of the General Laws, the 
division of personnel and standardization is hereby authorized to make 
rules and regulations to adjust the salary of any employee who, as the 
result of an approval of an appeal under section nineteen or nineteen A 
of chapter seven hundred and twenty-nine of the acts of nineteen hun- 



$2,615 


00 


1,613 


00 


10,000 


00 


12,500 


00 


6,106 


00 


147 


00 


2,600 


00 


2,935 


00 


156,000 


00 


216 


00 


10,767 


00 


30,200 


00 


2,200 


00 


11,200 


00 


8,800 


00 


9,000 


00 


8,200 


00 


5,000 


00 


7,500 


00 


600 


00 


40,660 


00 


4,500 


00 


400 


00 


10,000 


00 


12,000 


00 


1,232 


00 


700 


00 


150 


00 


1,000 


00 


500 


00 


400,000 


00 


$55,000 00 


800 


00 


8,227 


00 


68,401 


00 


850 


00 


9,390 


00 


35,000 


00 


23,918 


00 


$450,000 00 



Acts, 1958. — Cuai's. 343, 344. 193 

dred and fifty-six, would receive a rate in l,he salary schedule which is 
less than a rate established prior to the decision of such appeal, pro- 
vided, however, that such adjusted rate may not be greater than the 
maximum for such salar}' group, and the ostabUshment of such rules and 
regulations shall not be subject to chapter thirty A of the General Laws. 
The provisions of this section shall be effective as of October first, nine- 
teen hundred and fifty-six. 

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

Approved May 21, 1958. 



Chap. 343. An Act authorizing the city of boston to sell 
certain park lands on forest hills strefit 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, acting by its mayor, may sell and convey 
to Sacred Heart of Jesus Ukrainian Catholic Church, Inc., any part or 
parts or the w^hole of the land conveyed to said city by Henry F. Ross 
by deed recorded with Suffolk Deeds, book 6071, page 534, on December 
tenth, nineteen hundred and forty-three, and held by said city for 
public park purposes, and also any part or parts or the whole of the 
land conveyed to said city by said Henry F, Ross by deed registered 
with the Suffolk registry district of the land court on May twenty- 
fourth, nineteen hundred and forty-five, as document numbered 168167, 
and held by said city for public park purposes; provided, that such 
sale is authorized, after two separate readings, by two separate votes 
of two thirds of all the members of the city council of said city, the 
first of said readings and votes to be had only after such sale is recom- 
mended by the parks and recreation commission of said city, and the 
second of said readings and votes to be had not less than fourteen days 
after the first. 

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

Approved, May 26, 1958. 



Chap. 344. An Act authorizing the town of Norwood to indem- 
nify JOHN M. Mcdonough, sr. for certain expenses 
incurred by him on account of injuries sustained 

BY HIS minor son ON THE CIVIC PLAYGROUND. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obligation, the 
town of Norwood may appropriate and pay to John M. McDonough, Sr., 
a sum not exceeding one hundred and fifty dollars to indemnify him for 
expenses for medical care, including hospital expenses, incurred by him 
on account of injuries sustained on June twenty-first, nineteen hundred 
and fifty-seven, by his minor son, John M. McDonough, Jr., while 
lawfully in the school playground known as the Civic Field and while 
part of a school class under teacher supervision. 

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

Approved May 26, 1968. 



194 Acts, 1958. — Chaps. 345, 846. 

Chap. 345. An Act authorizing the city of taunton to use cer- 
tain FUNDS for the PURPOSE OF CONSTRUCTING A GARAGE 
FOR THE WATER DEPARTMENT OF SAID CITY AND CON- 
VERTING A PORTION OF THE HARRIS STREET PUMPING 
STATION TO A WORKSHOP FOR SAID DEPARTMENT. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 102 of the acts of 1958 is hereby 
amended by inserting after the word "Laws", in Hne 3, the words: — 
and constructing a garage for the use of its water department and con- 
verting a portion of the Harris street pumping station to a workshop 
for said department, — so as to read as follows : — Section 1 . The city 
of Taunton may, for the purposes of extending and improving its water 
system, as provided by clauses (4), (5) and (6) of section eight of 
chapter forty-four of the General Laws and constructing a garage for the 
use of its water department and converting a portion of the Harris 
street pumping station to a workshop for said department, use such 
sums, not exceeding in the aggregate one hundred and sixty-nine 
thousand dollars from the unexpended balance of the amount borrowed 
under chapter five hundred and forty of the acts of nineteen hundred 
and fifty-three. 

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

Approved May 26, 1958. 

Chap. 34G. An Act authorizing the metropolitan transit au- 
thority TO ACQUIRE CERTAIN LAND BY LEASE AND TO 
ESTABLISH OFF-STREET PARKING FACILITIES THEREON. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (i}/2) of section 8 A of chapter 544 of the acts 
of 1947, inserted by section 1 of chapter 798 of the acts of 1949, is hereby 
amended by striking out the fifth sentence and inserting in place thereof 
the followang sentences: — Any provision of this paragraph to the con- 
trary notwithstanding, in the case of any such lands held by the com- 
monwealth, the authority and, with the approval of the governor and 
council, the board or officer having control of such lands, and in the 
case of any such lands held by a county, city, town, district or other 
public corporation, the authority and, with the consent of the board or 
officer having control of such lands, such county, city, town, district or 
public corporation may enter into leases leasing such lands to the au- 
thority for the purpose aforesaid upon mutually agreeable terms and 
conditions. The authority shall have power to clear, grade, surface or 
resurface any land used, acquired or leased for the purposes of this 
paragraph, and to construct thereon facilities for parking. 

Section 2. Said paragraph (i}^) is hereby further amended by strik- 
ing out the last sentence and inserting in place thereof the following 
sentence : — Any land acquired or leased under this paragraph for an 
off-street parking facility shall not be used for any purpose other than 
the parking of motor vehicles. 

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

Approved May 26, 1958. 



Acts, 1958. — Chaps. 347, 348, 349. 195 

Chap. 347. An Act relating to reinstallation of telephones 

USED IN connection WITH GAMBLING. 

Be it enacted, etc., as follows: 

Chapter 271 of the General Laws is hereby amended by adding at the 
end the following section : — Section 4'^. A telephone shall not be 
installed for a person convicted of an illegal gaming activity under this 
chapter without the approval in writing of the head of both the police 
department of the municipality in which such telephone would be 
installed and the head of the criminal information bureau of the state 
police, and a telephone shall not be reinstalled without such approval 
for a period of one year from the date of removal in an}'- premises from 
which it has been removed for such illegal activity, whether or not there 
has been a conviction. The criminal information bureau shall notify 
the telephone companies of convictions in such cases, and telephone 
companies doing business in the commonwealth shall notif.y the criminal 
information bureau of the state police of any such removals. 

Approved May 26, 1958. 



Chap. 348. An Act authorizing the trustees of the soldiers* 

HOME IN HOLYOKE TO SELL AND CONVEY A CERTAIN POR- 
TION OF THE LAND OF SAID HOME. 

Be it enacted, etc., as follows: 

The trustees of the Soldiers' Home in Holyoke are hereby authorized, 
in the name and on behalf of the commonwealth, to sell and convey to 
Joseph D. R. C. Rousseau of Chicopee, for such price and upon such 
terms as said trustees may determine, a portion of the land now owned 
by the commonwealth and used for the purposes of said Soldiers' Home, 
which portion shall be adjacent to land now owned by said Rousseau 
and formerly in Homestead avenue in Holyoke, and shall extend fifteen 
feet from the rear line of said land of Rousseau into the land of the 
Soldiers' Home. The said trustees are authorized to sign, acknowledge 
and deliver a deed thereof approved by the attorney general. 

Approved May 26, 1958. 



Chap. 349. An Act relative to residence requirements on aid 
TO dependent children. 

Be it enacted, etc., as follows: 

The first sentence of section 2 of chapter 118 of the General Laws, as 
amended by chapter 390 of the acts of 1951 , is hereby further amended by 
striking out, in line 13, the word "birth" and inserting in place thereof 
the word : — application, — so as to read as follows : — In every town 
the board of public welfare, subject to the supervision of the department 
and in compliance with the rules and regulations adopted by the depart- 
ment pursuant to the provisions of this chapter, shall aid every parent 
in properly bringing up, in his or her own home, each dependent child 
if such parent is fit to bring up such child, but no aid shall be granted 
under this chapter for or on account of any child unless (1) such child 
has resided in the commonwealth one year immediately preceding the 



196 Acts, 1958. — Chaps. 350, 351. 

application for such aid, or (2) such child was born within one year 
immediately preceding such application, if its parent has resided in the 
commonwealth for one year immediately preceding the application. 

Approved May 26, 1958. 



Chap. 350. An Act relative to the membership of the merrimack 

RIVER valley flood CONTROL COMMISSION. 

Be it enacted, etc., as follows: 

Section 3 of chapter 608 of the acts of 1956 is hereby amended by 
striking out, in lines 7 and 8, the words "director of sanitary engineering 
and chief sanitary engineer in the department of public health" and 
inserting in place thereof the words: — chairman of the water resources 
commission or his designated representative, — so as to read as fol- 
lows: — Section S. Within thirty days after the aforesaid agreement 
or compact shall have become effective as provided in section two of 
this act, the governor shall, with advice and consent of the council, 
appoint a member of the Merrimack River Valley Flood Control Com- 
mission, who with the director of the division of waterways in the. de- 
partment of public works, and the chairman of the water resources 
commission or his designated representative, shall compose said com- 
mission. The member appointed by the governor shall serve until the 
first day of March, nineteen hundred and fifty-eight. In the month of 
Februarj'', nineteen hundred and fifty-eight, the governor, by and with 
the advice and consent of the council, shall appoint one such member to 
serve for a period of three years from the first day of March thereafter. 

Approved May 26, 1958. 



Chap. 351. An Act relative to the membership of the Connec- 
ticut RIVER VALLEY FLOOD CONTROL COMMISSION. 

Be it enacted, etc., as follows: 

Section 3 of chapter 692 of the acts of 1951 is hereby amended by 
striking out, in lines 7 and 8, the words "director and chief sanitary 
engineer of the department of public health" and inserting in place 
thereof the words : — chairman of the water resources commission or 
his designated representative, — so as to read as follows : — Section 3. 
Within thirty days after the aforesaid agreement or compact shall 
have become effective as provided in section two of this act, the governor 
shall, with advice and consent of the council, appoint a member of the 
Connecticut River Valley Flood Control Commission, who with the 
director of the division of waterways in the department of public works, 
and the chairman of the water resources commission or his designated 
representative, shall compose said commission. The member appointed 
by the governor shall serve until the first day of March, nineteen hun- 
dred and fifty-four. In the month of February, nineteen hundred and 
fifty-four, the governor, by and with the advice and consent of the 
council, shall appoint one such member to serve for a period of three 
years from the first day of March thereafter. 

Approved May 26, 1958. 



Acts, 1958. — Chaps. 352, 353. 197 

Chap. 352. An Act increasing the penalty for injuring or 
defacing tombs and structures designed as memo- 
rials to the dead. 

Be it enacted, etc., as follows: 

Chapter 272 of the General Laws is hereby amended by striking out 
section 73, as appearing in the Tercentenary Edition, and inserting in 
place thereof the following section : — Section 73. Whoever wilfully 
destroys, mutilates, defaces, injures or removes a tomb, monument, 
gravestone or other structure or thing which is placed or designed for a 
memorial of the dead, or a fence, raihng, curb or other thing which is 
intended for the protection or ornament of a structure or thing before 
mentioned or of an enclosure for the burial of the dead, or wilfully 
destroys, mutilates, removes, cuts, breaks or injures a tree, shrub or 
plant placed or being within such enclosure, or wantonl}'' or maliciously 
disturbs the contents of a tomb or a grave, shall be punished by impris- 
onment in the state prison for not more than three years or by im- 
prisonment in the jail or house of correction for not more than two and 
one half years and by a fine of not more than two thousand dollars. 

Approved May 26, 1958. 



Chap. 353. An Act authorizing certain water companies or 
corporations to take by eminent domain certain 

PROPERTY, rights AND EASEMENTS. 

Be it enacted, etc., as follows: 

Chapter 165 of the General Laws is hereby amended by inserting 
after section 4A the following section: — Section 4B. Any water com- 
pany or corporation subject to this chapter having franchise rights 
encompassing an entire city, town or district may, subject to deter- 
mination by the department after notice and a public hearing as to the 
public convenience and necessity, and with the advice and consent of 
the department of public health, take by eminent domain under chapter 
seventy-nine or acquire by purchase or otherwise and hold the waters, 
or any portion thereof, of any pond, brook, spring, stream or ground- 
water sources within its franchise territory not already appropriated 
for purposes of public water supply, and any water or flowage rights 
connected therewith, and such lands, rights of way and other easements 
as may be necessary for collecting, storing, holding, purifying and treat- 
ing such water and protecting and preserving the purity thereof, and 
for conveying the same to any place within its franchise territory. 

Approved May 26, 1968. 

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

Massachusetts. 

Dear Mr. Secretary: — I, Foster Furcolo, pursuant to the provi- 
sions of Article XLVIII of the Amendments to the Constitution, the 
Referendum II, Emergency Measures, hereby declare in my opinion 
the immediate preservation of the pubUc convenience requires that the 
law being Chapter 353 of the Acts of 1958, entitled, "An Act Authoriz- 
ing Certain Water Companies or Corporations to Take by Eminent 
Domain Certain Property, Rights and Easements" and the enactment 



198 Acts, 1958. — Chap. 354. 

of which received my approval on May 26, 1958, should take effect 
forthwith. 

I further declare that in my opinion said law is an emergency law 
and the facts constituting the emergency are as follows: 

Postponement of the operation of this act for ninetj'' days would 
defeat its purpose in that it will unnecessarily delay water companies 
in obtaining additional water facilities prior to any possible shortages 
this year. 

Very truly yours, 

Foster Furcolo, 

Governor of the Commonwealth. 

Office of the Secretary, Boston, June 4, 1958. 

I, Francis X. Ahearn, Deputy Secretary of the Commonwealth, 
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 fifty 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 
three hundred and fifty-three of the acts of nineteen hundred and 
fifty-eight. 

Francis X. Ahearn, 

Deputy Secretary of the Commonwealth. 



Chap. 354. An Act further regulating the licensing of prac- 
tical NURSES. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to make available immediately to certain quahfied 
persons the right to be examined to be licensed as practical nurses, 
therefore it is hereb}'" declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Any person who on or before April first, nineteen hun- 
dred and fifty-eight filed an application for licensure as a practical 
nurse under the provisions of section seven of chapter five hundred and 
ninety-five of the acts of nineteen hundred and fifty-seven shall be 
examined as required by said section seven and, upon meeting the con- 
ditions of said section, licensed as a practical nurse. 

Section 2. Notwithstanding any other provision of this act or 
any other act or of chapter one hundred and twelve of the General Laws 
to the contrary, the board of registration in nursing shall license as a 
licensed practical nurse any applicant for such a license who shall meet 
the following conditions: — (1) The application shall be in a form 
prescribed by said board, shall be signed and sworn to by the applicant 
and filed on or before December thirty-first, nineteen hundred and 
fifty-nine, accompanied by payment of ten dollars and, if the applicant 
is an alien, by the certificate required by section seventy-four B of said 
chapter one hundred and twelve; (2) the applicant shall furnish said 
board with proof that he is at least twenty years of age, in good health 
and of good moral character; (3) the applicant shall have actively and 



Acts, 1958. — Chap. 355. 199 

competently practised as a practical nurse or graduate nurse within the 
commonwealth or in the service of the armed forces of the United States 
during three of the five years immediately preceding the date of said 
application as attested to by a statement signed by two duly licensed 
physicians or as proved by such other evidence as may be satisfactory 
to the board; (4) the applicant shall, if under forty years of age, pass 
a written and oral qualifjdng examination given by said board, and, if 
over forty years of age, pass an oral or written qualifying examination 
given by said board. 

Any applicant required under this section or under section seven of 
chapter five hundred and ninety-five of the acts of nineteen hundred 
and fifty-seven, to pass an examination satisfactory to the board and who 
fails to pass such examination shall thereafter be entitled to re-examina- 
tion by payment of a fee of ten dollars and by filing a re-examination 
application upon a form furnished by the board, but two re-exam- 
inations shall exhaust his privilege under his original application and 
if he fails to apply for re-examination within six months after notice 
of his grade on a previous examination, or to appear for re-examination 
when notified so to do, his re-examination privilege for such original 
application shall be forfeited. Any person licensed under this section 
shall thereafter be subject to all provisions of said chapter one hundred 
and twelve pertaining to licensed practical nurses. 

Section 3. Notwithstanding the provisions of section seven of 
chapter five hundred and ninety-five of the acts of nineteen hundred 
and fifty-seven or sections one and two of this act, any person who filed 
an application for a license under the provisions of said section seven of 
said chapter five hundred and ninety-five, and who is over forty years 
of age may, in lieu of taking the written and oral qualifying examination 
under said section seven, elect to take a written or oral qualifying 
examination given by the board, and upon passing said written or oral 
examination, shall be licensed as a licensed practical nurse. 

Section 4. Notwithstanding any provision of chapter one hundred 
and twelve of the General Laws, any person who, on December thirty- 
first, nineteen hundred and fifty-seven, was engaged in the practice of 
practical nursing may continue to practice as a practical nurse without 
a license until December thirty-first, nineteen hundred and fifty-nine. 

Approved June 4, 1958. 



Chap. 355. An Act relative to the procedure for the appoint- 
ment OF employees and payment of premiums by the 

STATE employees' GROUP INSURANCE COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. Chapter 32 A of the General Laws is hereby amended 
by striking out section 3, as appearing in section 1 of chapter 628 of the 
acts of 1955, and inserting in place thereof the following section: — 
Section 3. There shall be established within the commission on ad- 
ministration and finance, but not under its jurisdiction, a special unpaid 
commission, to be known as the state employees' group insurance 
commission, consisting of the commissioner of administratio)!, the 
commissioner of insurance, and three members to be appointed by the 
governor, with the advice and consent of the council. At least one 



200 Acts, 1958. — Chap. 356. 

member appointed bj^ the governor shall be a state employee, and not 
more than two appointive members of the commission shall be members 
of the same political party. No member appointed by the governor shall 
be an insurance agent, broker, employee or officer of any insurance com- 
pany. Upon the expiration of the term of office of any appointive 
member, his successor shall be appointed in Uke manner for a term of 
three years. The commission shall be provided with suitable offices in 
the state house and may, subject to appropriation, incur expenses and 
appoint an executive secretary who shall be the executive and ad- 
ministrative head thereof and who shall not be subject to the provisions 
of chapter thirty-one. The commission may empower the executive 
secretarjr to appoint such employees as may be necessary to administer 
the provisions of this chapter. There shall be paid by the common- 
wealth to each appointive member of said commission the necessary 
expenses actually incurred m the discharge of his official duties. The 
commission shall adopt such reasonable rules and regulations as may be 
necessary for the administration of this chapter and shall make an annual 
report to the governor and to the general court which shall be in such 
form as to enable emploj'^ees to understand the benefits available from 
the insurance program, including the cost thereof. 

Section 2. Paragraph (c) of section 8 of said chapter 32A, as amend- 
ed by section 4 of chapter 582 of the acts of 1956, is hereby amended by 
striking out, in line 8, the word "shall" and inserting in place thereof 
the words: — may empower the executive secretary to, — so as to read 
as follows: — (c) All amounts withheld from an employee's salary or 
wages as provided in paragraph (a) and all amounts withheld from 
pensions or retirement allowances under the provisions of section 
nineteen of chapter thirty-two shall be forwarded by the department, 
institution, or other agency responsible for the payment of employee 
salaries and wages or pensions and retirement allowances to the com- 
mission. The commission, from funds appropriated therefor, may em- 
power the executive secretary to authorize payment of the contribution 
of the commonwealth as provided in said paragraphs (a) and (6) , which, 
together with the employee payments, shall be paid at least once each 
month to the carrier or carriers entitled to the premium. 

Approved June 4, 1968. 



Chap. 356. An Act extending the time during which applica- 
tions FOR STATE AID FOR THE CONSTRUCTION OF SCHOOL 
BUILDINGS MAY BE MADE. 

Be it enacted, etc., as follows: 

Chapter 645 of the acts of 1948 is hereby amended by striking out 
section 10, as most recently amended by chapter 413 of the acts of 1952, 
and inserting in place thereof the following sediow: — Section 10. 
Sections one to nine of this act shall take effect on July first of the cur- 
rent year, and shall cease to be operative on June thirtieth, nineteen 
hundred and sixty-five, except that the payments provided by section 
nine shall be continued thereafter by the state treasurer, subject to 
appropriation, in accordance with the provisions of said section, on 
certification of the commissioner of education. 

Approved June 4, 1968. 



Acts, 1958. — Chaps. 357, 358, 359. 201 

Chap. 357. An Act providing for the admission of certain 
patients to the rutland state sanatorium and the 
lakeville state sanatorium on written application 
of a physician. 

Be it enacted, etc., as follows: 

Chapter 1 1 1 of the General Laws is hereby amended by striking out 
section 69E, as amended by section 2 of chapter 459 of the acts of 1957, 
and inserting in place thereof the following section: — Section 69E. 
Upon written application of a registered physician, the department 
may admit patients to the Lemuel Shattuck hospital and to the chronic 
disease sections of the Rutland state sanatorium and the Lakeville state 
sanatorium, for the treatment of chronic disease, and to the Pondville 
hospital, for the treatment of cancer, and to the cancer division of the 
Westfield state sanatorium, for the treatment of cancer and chronic 
diseases, subject to such rules and regulations as the department may 
prescribe; provided, that preference shall be given to residents of the 
commonwealth. Any such patient may be discharged from said hos- 
pital or sanatorium either upon his own request or upon determination 
of the department, but not otherwise. Approved June 4, 1958. 



Chap. 358. An Act designating a certain ball field in the 

TOWN of NAHANT AS THE BERNARD FRANCIS MEEHAN 
LITTLE LEAGUE BALL FIELD. 

Be it enacted, etc., as follows: 

The metropolitan district commission is hereby authorized and di- 
rected to designate the little league ball field in the rear of the Nahant 
bathhouse in the town of Nahant as the Bernard Francis Meehan 
Little League Ball Field. Said commission shall erect on said ball field 
a suitable marker bearing said designation. 

Approved June 4, 1958. 



Chap, 359. An Act relative to rights of certain members who 
transfer membership under the contributory re- 
tirement law. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (e) of subdivision (6) of section 3 of chapter 32 
of the General Laws, as amended by section 2 of chapter 388 of the acts 
of 1947, is hereby further amended by inserting after the word "service ", 
in hne 20, the words: — ; provided that, in the case of a member whose 
account is transferred under said paragraph (8) (a), this paragraph shall 
not apply after the member has rendered service or attained an age so 
that he would have been eligible to retire if he had continued to be a 
member of the retirement system from which his account was transferred. 

Section 2. The provisions of this act shall apply to any person 
whose account was transferred under paragraph (8) (a) of section three 
of chapter thirty-two of the General Laws after July first, nineteen hun- 
dred and fifty-six. Approved June 4, 1958. 



202 Acts, 1958. — Chaps. 360, 361. 

Chap. 360. An Act further defining the effect of certain 
workmen's compensation payments on the rights of 
members of the contributory retirement system. 

Be it enacted, etc., as follows: 

Subdivision (2) of section 14 of chapter 32 of the General Laws is 
hereby amended by striking out paragraphs (a) and (6), as amended by 
chapter 542 of the acts of 1951, and inserting in place thereof the fol- 
lowing two paragraphs: — 

(a) All sums of money payable under the provisions of sections thirty- 
one, thirty-four, thirty-four A, thirty-five and thirty-five A of chapter 
one hundred and fifty-two directly to a retired member or to the legal 
representative or dependents of a deceased member on account of his 
death, including so much of the amount of any lump sum settlement 
payable under the provisions of such sections directly to any such per- 
son as is allocable to the period following the retirement or death of such 
member, but excluding any payments for or amounts allocable to any 
period prior to the date his retirement allowance became effective, shall 
be offset against and payable in lieu of any pension payable on his ac- 
count under the provisions of section six, seven or nine by reason of the 
same injury, but not against his accumulated total deductions or any 
annuity derived therefrom. Whenever the amount of any such lump 
settlement is payable directly to a beneficiary, the period over which it 
is allocable for purposes of this section shall be determined by the 
actuary in a manner which is consistent with that set forth in para- 
graph (1) (c) of this section. If any such pension exceeds the compensa- 
tion payable on account of such member under such provisions of chap- 
ter one hundred and fifty-two when both are reduced to the same 
periodical basis, the excess only shall be paid as a pension so long as 
such compensation continues. If any such pension is less than or equal 
to such compensation, no pension shall be paid so long as such compen- 
sation continues to be equal to or greater than such pension. 

(6) In all cases where a member or a beneficiary receives delayed 
compensation payments or an amount of anj'- lump sum settlement 
payable directly to him under the provisions of sections thirty-one, 
thirty-four, thirty-four A, thirty-five or thirty-five A of chapter one 
hundred and fifty-two subsequent to his receipt of payments under any 
pension granted under the provisions of section six, seven or nine by 
reason of the same injury, no further pension payments shall be made 
unless and until such time as the total amounts which by then would 
have been payable as compensation and pension together as set forth 
in paragraph (a) of this subdi\'ision, if there had been no delay in mak- 
ing such compensation payments, shall exceed the total amounts of 
compensation and pension actually paid by them after due allowance 
in either case for the allocation of any such lump sum settlement. 

Approved June 4, 1958. 



Chap. 361. An Act extending the duration of the board of 
schoolhouse structural standards. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section 1 of chapter 675 of the 
acts of 1955 is hereby amended by striking out, in fine 3, the word 



Acts, 1958. — Chap. 362. 203 

"three" and inserting in place thereof the word: — six, — so as to 
read as follows: — To promote the construction of schoolhouses in the 
commonwealth by the establishment of reasonable structural standards, 
there is hereby established for six years in the department of public 
safety but not under the control of the commissioner, a board of school- 
house structural standards, which shall consist of the commissioner of 
pubhc safety, the chief of inspections of said department and the ad- 
ministrator of the school building assistance commission, ex-officiis, 
with the same powers and duties as other members of the board, and 
four members to be appointed by the governor, with the advice and 
consent of the council. The governor, with the advice and cojisent of 
the council, shall from time to time designate one member of said board 
as chairman. 

Section 2. Section 2 of said chapter 675 is hereby amended by 
striking out, in line 4, the word "three" and inserting in place thereof 
the word : — six, — so as to read as follows : — Section 2. The regula- 
tions issued under section fifty-four of chapter one hundred and forty- 
three of the General Laws shall, in so far as they pertain to school- 
houses, be issued for a period of six years by the board of schoolhouse 
structural standards, any provisions of said section to the contrary 
notwithstanding. Ay-proved June 4, 1958. 



Chap. 362. An Act further implementing the interstate com- 
pact FOR the supervision, CARE AND ASSISTANCE TO 
JUVENILES. 

Be it enacted, etc., as follows: 

Chapter 687 of the acts of 1955 is hereby amended by inserting after 
Article XVI, inserted by chapter 92 of the acts of the current year, the 
following Article : — 

Article XVII. — Return of Certain Children to their Home State. 

(a) That when any child is brought before a court of a state of which 
he is not a resident, and such state is willing to permit the return of 
such a child to his home state, such home state, upon being so advised 
by the state in which such proceeding is pending, shall immediately 
institute proceedings to determine the residence and jurisdictional facts 
as to such child in such home state, and upon finding that such child is 
in fact a resident thereof and subject to the jurisdiction of the courts 
thereof, shall, within five days, authorize the return of such child to his 
home state, and to the parent or custodial agency legally authorized 
to accept such custody hi such home state, and at the expense of such 
home state, to be paid from such funds as such home state may procure, 
designate, or provide, prompt action being of the essence. 

(b) This Article shall provide additional remedies, and shall be bind- 
ing only as among and between those party states which specifically 
execute the same. 

For the purposes of this Article, "child" means any minor within the 
jurisdictional age Umits of any court in the home state. 

Approved June 4, 1958. 



204 Acts, 1958. — Chaps. 363. 364, 365. 

Chap. 363. An Act extending the power of the commonwealth 
to further enter into interstate compacts for the 
supervision of probationers and parolees. 

Be it enacted, etc., as follows: 

Chapter 127 of the General Laws is hereby amended by inserting 
after section 151J, added by section 1 of chapter 229 of the acts of 1957, 
the following section: — Section 151 K. The word "state" in sections 
one hundred and fifty-one A to one hundred and fifty-one J, inclusive, 
shall include any one of the several states and Alaska, Hawaii, the 
Commonwealth of Puerto Rico, the Virgin Islands and the District of 
Columbia, and the commonwealth shall be a party to said compact 
authorized by the provisions of section one hundred and fifty-one A 
with any such jurisdiction legally joining therein when such jurisdiction 
shall have enacted said compact in accordance with the terms thereof. 

Approved June 4, 1958. 



Chap. 364. An Act providing for the payment of prevailing 
wages for work done on demolition of structures 
preliminary to the construction of public works. 

Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by striking out 
section 27D, as amended by chapter 453 of the acts of 1955, and in- 
serting in place thereof the following section : — Section 27D. Wherever 
used in sections twenty-six to twenty-seven C, inclusive, the words 
"construction" and "constructed", as applied to pubhc works, shall 
include additions to and alterations of pubhc works, and certain work 
done prehminary to the construction of public works, namely: soil 
explorations, test borings and demohtion of structures incidental to 
site clearance and right of way clearance. Approved June 4, 1958. 



Chap. 365. An Act authorizing the city of Worcester to ap- 
propriate AND TO reimburse CERTAIN TEACHERS OF 
THE WORCESTER BOYS' TRADE HIGH SCHOOL FOR CERTAIN 
AMOUNTS OF SALARY LOST BY THEM BECAUSE OF ACCOUNT- 
ING ERRORS. 

Be it enacted, etc., as follows: 

The city of Worcester is hereby authorized to appropriate the amount 
required and to reimburse the following teachers of the Worcester 
Boys' Trade High School for the amount of salary lost by them as a 
result of accounting errors in their respective salary schedules from 
September twenty-eighth, nineteen hundred and fifty-two through 
December thirty-first, nineteen hundred and fifty-five: Warren H. 
Anderson, John L. Banionis, Chester D. Blackman, Anthony F. Cogoh, 
Leonard E. Hazlett, John J. Limoges, Albert E. Olson, John M. Pa- 
quette, John T. Talbot, and Raymond J. Welcom. 

Approved June 4, 1958. 



Acts, 1958. — Chap. 366. 205 

Chap. 366. An Act authorizing the department of public works 
to amend its lease with the gloucester community 
pier association, inc. relative to the gloucester 
fish pier and authorizing the department to lease 
certain parts of said pier to the united states for 
a term of fifty years. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose which is to provide employment and to promote the economic 
health of the fishing industry by making it possible for the United 
States to construct forthwith an office and gear-shed building on the 
Gloucester Community Fish Pier, therefore it is hereby declared to be 
an emergency law, necessary for the immediate preservation of the 
pubhc convenience. 

Be it enacted, etc., as follows: 

Section 1. Chapter 311 of the acts of 1931 is hereby amended by 
inserting after section 3, as most recently amended by section 1 of 
chapter 252 of the acts of 1954, the following section: — Section 3 A. 
Notwithstanding any provisions of law to the contrary, the lease of the 
Gloucester fish pier, dated March first, nineteen hundred and thirty- 
seven and renewed on September thirtieth, nineteen hundred and forty- 
nine to terminate September thirtieth, nineteen hundred and sixty-nine, 
between the department and the Gloucester Community Pier Associa- 
tion, Inc., may by mutual agreement of both parties thereto, as to 
terms and conditions, be amended by excluding from said lease the fol- 
lowing described portion of land located in the city of Gloucester 
bounded and described as follows: — 

BEGINNING at Corner 1, on the east end of a stone retaining wall 
and witnessed by a drill hole in a rock bearing N. 26° 22' E., 410.74 feet 
from said corner, witnessed by a drill hole in a stone monument bearing 
N. 22° 43' E. 248.64 feet from said corner, witnessed by a 2" iron pipe 
monument bearing N. 29° 11' W., 39.92 feet from said corner; thence 
from said Corner 1, S. 16° 11' E., 27.73 feet to Corner 2, a point on the 
low water fine; thence S. 48° 11' W. 77.96 feet parallel to the stone re- 
taining wall to Corner 3, a point on the low water line, from which a 
U. S. Fish and Wildlife Service standard concrete post marked "1957" 
set for a witness monument bears N. 39° 46' W., 76.08 feet; thence 
N. 39° 46' W., 175.98 feet to Corner 4, a 2" iron pipe installed; thence 
N. 57° 35' E., 130.25 feet to Corner 5, from which a 2" iron pipe witness 
monument bears S. 57° 35' W., 3.41 feet distant; thence S. 22° 43' E., 
137.12 feet along a stone wall to the Place of BEGINNING; and 

BOUNDED on the northeast by land of the City of Gloucester; on 
the southeast by Gloucester Harbor; and on the northwest and south- 
west by land of Gloucester Community Pier Association, containing 
0.40 acres, be the same more or less. 

Section 2. The department of public works is hereby authorized to 
lease to the United States for a term not to exceed fifty years, under 
such terms and conditions as it deems are for the best interest of the 
commonwealth, the land described in section three A of chapter three 
hundred and eleven of the acts of nineteen hundred and thirty-one, in- 
serted by section one of this act, provided said land is excluded from 
said lease as provided in said section. Approved June 5, 1958. 



206 Acts, 1958. — Chaps. 367, 368, 369. 

Chap. 367. An Act designating the pedestrian overpass over 
morrissey boulevard in the dorchester district of 
the city of boston as the reverend james l. mcgovern, 
s. j., footbridge. 

Be it enacted, etc., as follows: 

The pedestrian overpass over the WilUam T. Morrissey Boulevard 
near Boston College High School in the Dorchester district of the city of 
Boston is hereby designated as the Reverend James L. McGovern, S. J., 
Footbridge. The metropolitan district commission is hereby authorized 
and directed to place thereon in a conspicuous place a marker bearing 
said designation. Approved June 5, 1958. 

Chap. 368. An Act providing for the acceptance by school com- 
mittees OF AN act establishing A LUNCH PERIOD FOR 
PUBLIC SCHOOL TEACHERS. 

Whereas, The deferred opeation of this act would tend to defeat its 
purpose, which is to provide forthwith that the act establishing a lunch 
period for public school teachers shall take effect in a city or town only 
upon its acceptance by the school committee thereof, therefore it is 
hereby declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 80 of chapter 71 of the General Laws, added by chapter 127 
of the acts of 1958, is hereby amended by adding after the word 
"period", in line 5, the words: — ; provided, however, that the provisions 
of this section shall apply only in a city or town which accepts this 
section by vote of its school committee. Approved June 6, 1958. 

Chap. 369. An Act authorizing the transfer of certain actions 
at law from the superior court to a district court 
and repealing the requirement that actions of 
tort arising out of the use of motor vehicles be 
commenced in a district court. 

Be it enacted, etc., as follows: 

Section 1. Chapter 218 of the General Laws is hereby amended by 
striking out section 19, as amended by section 1 of chapter 616 of the 
acts of 1954, and inserting in place thereof the following section: — 
Section 19. Except as herein otherwise provided, district courts shall 
have original jurisdiction concurrent with the superior court of actions 
of contract, tort and replevin, and also of actions in summary process 
under chapter two hundred and thirty-nine and proceedings under 
section forty-one of chapter two hundred and thirty-one. District 
courts shall have exclusive original jurisdiction of civil proceedings under 
chapter two hundred and seventy-three A. 

Section 1A. The last sentence of the first paragraph of section 2 
of chapter 223 of the General Laws, as most recently amended by 
chapter 158 of the acts of 1955, is hereby further amended by striking 
out, in line 4, the word "shall " and inserting in place thereof the word : — 
may, — so as to read as follows : — An action of tort arising out of the 



Acts, 1958. — Chap. 369. 207 

ownership, operation, maintenance, control or use of a motor vehicle 
or trailer as defined in section one of chapter ninety may be brought in 
a district court within the judicial district of which one of the parties 
hves or has a usual place of business or in any district court the judicial 
district of which adjoins and is in the same county as the judicial dis- 
trict in which the defendant lives or has his usual place of business; 
provided, that if one of the parties to any such action lives or has a 
usual place of business in Suffolk county such action may be brought in 
the municipal court of the city of Boston. 

Section 2. Section 102B of chapter 231 of the General Laws, 
inserted by section 3 of said chapter 616, is hereby repealed. 

Section 3. Said chapter 231 is hereby amended by inserting after 
section 102B the following section: — Section 102C. The superior 
court may of its own motion or on the motion of a plaintiff or defendant, 
after determination by said court that if the plaintiff prevails, there is 
no reasonable likelihood that recovery will exceed one thousand dollars, 
transfer for trial any action of tort or contract pending in said court to 
the court from which such action was previously removed, if any, or if 
such action was originally entered in the superior court, to any district 
court, including the municipal court of the city of Boston, in which it 
could have been brought under the provisions of section two of chapter 
two hundred and twenty- three. 

Clerks of the superior court shall, when a case is so transferred, trans- 
mit the order of reference and the original papers in the action, or certi- 
fied copies thereof, together with a copy of the docket entries, without 
charge to the clerk of the court to which such action was so transferred. 

Such action shall be tried bj^ a full time justice of the district court 
or by a justice authorized for such service in accordance with section 
seventy-seven A of chapter two hundred and eighteen. The justice 
shall file a written decision or finding with the clerk who shall forthwith 
notify the parties or counsel of record. Any party to the action ag- 
grieved by the finding or decision may as of right have the case retrans- 
ferred for determination by the superior court. The request for retrans- 
fer shall be filed with the clerk of said district court within ten days after 
notice of the decision or finding. If either party neglects to appear at 
the time appointed for such trial, or at any adjournment thereof, without 
just cause, or if at any such time either party refuses to produce in good 
faith the testimony relied on by him, the justice may close the trial and 
order that judgment be entered for the adverse party and file a finding 
or decision to that effect. Judgment shall be entered accordingly at the 
first judgment day after the expiration of ten days from the filing of 
such finding or decision, unless said justice for cause shown otherwise 
orders. 

Upon the filing with the clerk of a request for retransfer, the decision 
or finding shall be forthwith transmitted, with any original papers 
received from the superior court, to the clerk of the superior court of 
the county from which the case was referred. The clerk of the superior 
court shall forthwith notify the parties or counsel of record of the receipt 
and filing of said finding or decision. 

The action shall thereafter be tried in the superior court. The decision 
of, and the amount of the damages assessed, if any, by a district court 
shall be prima facie evidence upon such matters as are put in issue by the 
pleadings, and no other findings of such court shall at any time be admis- 



208 Acts, 1958. — Chaps. 370, 371. 

sible as evidence or become part of the pleadings. A party shall be held 
to waive any right to jury trial previously claimed, unless within ten 
days after the filing of the finding or decision in the superior court he 
shall file a statement that he insists on a jury trial. 

Section 3A. Section 141 of said chapter 2.31, is hereby amended by 
striking out, in line 18, as appearing in section 4 of chapter 616 of the 
acts of 1954, the words "one hundred and two B" and inserting in place 
thereof the words: — one hundred and two C. 

Section 4. This act shall take effect on September first, nineteen 
hundred and fifty-eight. Approved June 6, 1958. 



Chap. 370. An Act increasing the number of justices of the 

SUPERIOR court. 

Be it enacted, etc., as follows: 

Section 1 of chapter 212 of the General Laws, as appearing in the 
Tercentenary Edition, is hereby amended by striking out, in line 2, the 
word "thirty-one" and inserting in place thereof the word: — thirty- 
seven, — so as to read as follows: — Section 1. The superior court shall 
consist of one chief justice and thirty-seven associate justices. 

Approved June 6, 1958. 



Chap. 371. An Act providing for the establishment of a right 

OF WAY FOR public ACCESS TO HARDWICK POND IN THE 
TOWN OF HARDWICK. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Worcester county are 
hereby authorized and directed to lay out a right of way for pubhc 
access to Hardwick pond in the town of Hardwick, with plans approved 
by the department of public works showing the location and dimensions 
of such right of way. If it is necessary to acquire land for the purpose 
of laying out such right of way, said county commissioners shall at the 
time such right of way is laid out take such land by eminent domain 
under chapter seventy-nine of the General Laws. Any person sustaining 
damages in his property by the laying out of such right of way, or by 
specific repairs or improvements thereon, shall be entitled to recover 
the same under said chapter seventy-nine; provided, that the right 
to recover damages, if anj^ by reason of the laying out of such right of 
way, shall vest upon the recording of the order of taking by said county 
commissioners and that no entry or possession for the purpose of con- 
structing a pubhc way on land so taken shall be required for the purpose 
of validating such taking or for the payment of damages by reason 
thereof. 

Section 2. The town of Hardmck may from time to time make 
specific repairs on or improve such right of way to such an extent as it 
may deem necessary, but neither the county of Worcester nor any city 
or town therein shall be required to keep such right of way in repair, 
nor shall they be liable for injury sustained by persons traveling thereon; 
provided, that sufficient notice to warn the public is posted where such 
way enters upon or unites with an existing public way. 



Acts, 1958. — Chaps. 372, 373. 209 

Section 3. All expenses incurred by said county commissioners in 
connection with such right of way shall be borne by the county of Wor- 
cester, or by such cities and towns therein, and in such proportions, as 
said county commissioners may determine. 

Section 4. Said right of way shall not be discontinued or abandoned 
without authority therefor from the general court. 

Section 5. Nothing in this act shall be construed to limit the powers 
of the department of public health, or of any local board of health, under 
any general or special law. 

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

Approved June 9, 1958. 



Chap. 372. An Act providing for the transfer of the care, 
control and maintenance of a portion of hancock 
street in the city of quincy to the metropolitan 
district commission. 

Be it enacted, etc., as follows: 

Section 1. On and after the effective date of this act, the care, control 
and maintenance of that portion of Hancock street in the city of Quincy 
lying between the junction of Wilham T. Morrissey Boulevard and 
Hancock street, immediately southeast of Neponset bridge, and the 
southwesterly extension of the northwesterly boundary line of property 
of the Gulf Oil Company and William T. Morrissey Boulevard, shall be 
under the metropolitan district commission. 

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

Approved June 9, 1958. 



Chap. 373. An Act validating the action of the inhabitants of 
the town of carlisle in conveying certain property 

in said TOWN. 

Be it enacted, etc., as follows: 

Section 1. The action of the inhabitants of the town of Carlisle in 
conveying to Fred E. Philbrick and Elizabeth M. Philbrick certain 
land formerly used as a town farm and described in a deed dated May 
eighteenth, nineteen hundred and twenty-six, recorded in the Middlesex 
North District Registry of Deeds, Book 739, Page 218, is hereby de- 
clared to have been the authorized act of said town and said act is 
hereby validated and said deed is hereby declared to have conveyed 
title to the land described therein to the grantees named in said deed 
free and clear of any obligations to use the same for any public purpose 
or purposes whatsoever and the act of said town in taking a mortgage 
from said Fred E. Philbrick and Elizabeth M. Philbrick on the land 
described in said deed, said mortgage being dated May eighteenth, 
nineteen hundred and twenty-six and being recorded in said Middlesex 
North District Registry of Deeds, Book 737, Page 465 and the discharge 
of said mortgage by said town by its treasurer, Jennie M. Fisk, dated 
October twenty-seventh, nineteen hundred and thirty, recorded in said 
Middlesex North District Registry of Deeds, Book 796, Page 490, and 
the action of said town in taking a mortgage on the same described 



210 Acts, 1958. — Chaps. 374, 375. 

premises from Clayton O. Philbrick and Maude A. Philbrick dated 
October twenty-eighth, nineteen hundred and thirty, recorded in said 
Middlesex North District Registry of Deeds, Book 796, Page 572, and 
the discharge of said mortgage by said town by its treasurer, James A. 
Patch, dated May twenty-eighth, nineteen hundred and forty-three, 
recorded in said Middlesex North District Registry of Deeds, Book 991, 
Page 486, are hereby declared to be the authorized acts of the town and 
all of said instruments are hereby validated as the acts of the town. 
Section 2. This act shall take effect upon its passage. 

Approved June 9, 1968. 

Chap. 374. An Act discontinuing Cogswell farm landing and 
the public way leading thereto in the town of 
rockport and authorizing said town to convey a 
certain portion thereof to samuel m. seegal. 

Be it enacted, etc., as follows: 

Section 1. Cogswell Farm Landing, so called, in the town of Rock- 
port and the Way leading thereto are hereby discontinued. 

Section 2. The town of Rockport is hereby authorized to convey to 
Samuel M. Seegal of Brookline such portion or portions of the Cogswell 
Farm Landing, so called, in said town, and such portion or portions of 
the public way, so called, leading thereto from Penzance road in said 
town, as may be determined by the board of selectmen of said town 
to be included within the description of the property conveyed to the 
said Samuel M. Seegal by the deeds of Stanley Law Sabel and Barbara 
M. Sabel, the first dated June twenty-sixth, nineteen hundred and 
forty-five, recorded with Essex Southern District Registry of Deeds 
in book 3416, page 222, and the second dated March first, nineteen 
hundred and forty-eight, recorded with Essex Southern District Reg- 
istry of Deeds in book 3590, page 591, the entire property having since 
been used and occupied by the said Samuel M. Seegal, in consideration 
of a grant to said town of an easement to use the rocks along the shore 
on the propert}'' of said Seegal for fishing, fowling and nature study, and 
an easement, at least five feet wide, of passage in connection therewith 
in and from the property of said Seegal to and from Penzance road, said 
easements to be in a form satisfactory to the board of selectmen of said 
town. 

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

Approved June 9, 1958. 

Chap. 375. An Act authorizing the city of fall river to pro- 
vide SCHOLARSHIPS AT THE BRADFORD DURFEE COLLEGE 
OF TECHNOLOGY. 

Be it enacted, etc., as follows: 

Section 1. The city of Fall River may annually provide for not 
more than five four-year scholarships at the Bradford Durfee College 
of Technology for residents of said city, the sums so required to be 
raised by taxation. 

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

Approved June 9, 1968. 



Acts, 1958. — Chaps. 376, 377. 211 

Chap. 376. An Act authorizing the town of milton to grant 
easements in certain land in milton village ac- 
quired for park purposes. 

Be it enacted, etc., as follows: 

Section 1. The town of Milton may grant easements of way and 
easements for parking in a certain parcel of land in said town which was 
acquired for park purposes, said parcel being shown on a plan of land 
entitled "Plan showing Land owned by the Town of Milton, dated 
December, 1957, Alexander E. Manning, Town Engineer", and bounded 
and described as follows : — Beginning at a point one hundred eighty 
feet, more or less, east of the easterly side of Adams street on the south 
side of Wharf street, thence turning and running in a southerly direction 
for ninety-five feet, more or less, to the northerly boundary of land now 
or formerly owned by Frederick L. and Russel H. King, joint owners, 
thence running easterly for twentj^-two feet more or less, along the 
boundary line of land owned by said ICing; thence turning and mnning 
northerly, and parallel to the southerly line commencing at the point 
of beginning, for one hundred feet, more or less, to the southerlj^ side of 
Wharf street, thence turning and running westerly for twenty feet to 
the point of beginning, containing one thousand nine hundred and fifty 
square feet of land, more or less. 

Section 2. This act shall take full effect upon its acceptance by a 
majority vote of the town meeting members of said town present and 
voting thereon at an annual town meeting, but not otherwise. 

Approved June 9, 1958. 



Chap. 377. An Act providing for the expediting of approval, 
modification or disapproval of plans submitted 

under the SUBDIVISION CONTROL LAW. 

Be it enacted, etc., as follows: 

Section 1. Chapter 41 of the General Laws is hereby amended by 
striking out section 81U, as most recently amended by chapter 324 of 
the acts of 1955, and inserting in place thereof the following section: — 
Section 81 U. When a definitive plan of a subdivision is submitted 
to the planning board, as provided in section 810, a copy thereof shall 
also be filed with the board of health or board or officer having like 
powers and duties. Such health board or officer shall, within forty-five 
days after the plan is so filed, report to the planning board in writing 
approval or disapproval of said plan, and in the event of disapproval 
shall make specific findings as to which, if any, of the lots sho\\ai on such 
plan cannot be used for building sites without injury to the public 
health, and include such specific findings and the reasons therefor in 
such report, and, where possible, shall make recommendations for the 
adjustment thereof. Failure so to report shall be deemed approval by 
such board or officer. 

After the hearing required by section eighty-one T and after the report 
of said health board or officer or the lapse of forty-five days without 
such report, the planning board shall approve, or, if such plan does not 
comply with the subdivision control law or the rules and regulations of 
the planning board or the recommendations of the health board or 



212 Acts, 1958 — Chap. 377. 

oflficer, shall modify and approve or shall disapprove such plan, shall file 
a certificate of its action with the city or town clerk, a copy of which 
shall be recorded by him in a book kept for the purpose, and shall send 
notice of its action by registered mail, postage prepaid, to the applicant 
at his address stated on the application. 

If the report of the board of health or board or officer having like 
powers and duties shall so require, the approval by the planning board 
shall be on condition that no building or structure shall be built or 
placed upon the areas designated without consent by such board of 
health or officer. 

Failure of the planning board to take final action regarding a plan 
submitted by an applicant within sixty days after such submission, or 
such further time as maj'^ be agreed upon at the written request of the 
applicant, shall be deemed to be an approval thereof. Notice of such 
extension of time shall be filed forthwith by the planning board with the 
city or town clerk. 

Before approval of a plan, a planning board shall require provision 
for the construction of ways and the installation of municipal services in 
accordance with the rules and regulations of said board, such construc- 
tion and installation to be secured by one, or in part by one and in pa^rt 
by the other, of the methods described in the following clauses (1) and 
(2) , which method may be selected and from time to time varied by the 
applicant: 

(1) By a proper bond or a deposit of money or negotiable securities, 
sufficient in the opinion of the planning board to secure performance of 
the construction of ways and the installation of municipal services 
required for lots in the subdivision shown on the plan, and the planning 
board may require that the time be specified within which such construc- 
tion and installation shall be completed. 

(2) By a covenant, executed and duly recorded by the owner of 
record, running with the land, whereby such ways and services shall be 
provided to serve any lot before such lot may be built upon or conveyed, 
other than by mortgage deed; provided, that a mortgagee who acquires 
title to the mortgaged premises by foreclosure or otherwise and any 
succeeding owner of such premises or part thereof may sell any such lot, 
subject to that portion of the covenant which provides that no lot shall 
be built upon until such ways and services have been provided to serve 
such lot; and provided, further, that nothing herein shall be deemed to 
prohibit a conveyance by a single deed, subject to such covenant, of 
either the entire parcel of land shown on the subdivision plan or of all 
lots not previously released by the planning board. A deed of any part 
of the subdivision in violation hereof shall be voidable by the grantee 
prior to the release of the covenant but not later than three years from 
the date of such deed. 

Any covenant given under the preceding paragraph and any condition 
required by the health board or officer shall be either inscribed on the 
plan or contained in a separate document, referred to on the plan. 

The penal sum of any such bond, or the amount of any deposit held 
under clause (1) above, may, from time to time, be reduced bj'- the plan- 
ning board and the obHgations of the parties thereto released by said 
board in whole or in part. 

Upon the completion of the construction of ways and the installation 
of municipal services in accordance with the rules and regulations of the 



Acts, 1958. — Chap. 378. 213 

planning board, security for the performance of which was given by 
bond, deposit or covenant, or upon the performance of any covenant 
with respect to any lot, the apphcant may send by registered mail to the 
city or town clerk a written statement in duplicate that the said con- 
struction or installation in connection with which such bond, deposit or 
covenant has been given has been completed m accordance with said 
rules and regulations, such statement to contain the address of the ap- 
plicant, and said clerk shall forthwith furnish a copy of said statement 
to the planning board. If the planning board determines that said 
construction or installation has been completed, it shall release the in- 
terest of the town in such bond and return the bond or the deposit to 
the person who furnished the same, or release the covenant by appro- 
priate instrument, duly acknowledged, which may be recorded. If the 
board determines that said construction or installation has not been 
completed, it shall specify to the applicant in writing the details wherein 
said construction and installation fails to comply with its rules and 
regulations and upon failure so to do within forty-five days after the 
receipt by said clerk of said statement all obligations under the bond 
shall cease and terminate by operation of law, any deposit shall be re- 
turned and any such covenant shall become void. In the event that 
said forty-five day period expires without such specification, or without 
the release and return of the bond or return of the deposit or release of 
the covenant as aforesaid, the said clerk shall issue a certificate to such 
efifect, duly acknowledged, which may be recorded. 

Any such bond may be enforced and any such deposit may be apphed 
by the planning board for the benefit of such city or town, as provided in 
section eighty-one Y, upon failure of the performance for which any such 
bond or deposit was given to the extent of the reasonable cost to such 
city or town of completing such construction and installation. 

Before approval of a plan by a planning board, said board shall also 
in proper cases require the plan to show a park or parks suitably located 
for playground or recreation purposes or for providing light and air and 
not unreasonable in area in relation to the area of the land being sub- 
divided and the prospective uses of such land, and if so determined said 
board shall by appropriate endorsement on the plan require that no 
building may be erected on such park or parks for a period of not more 
than three years without its approval. 

Section 2. The provisions of section eighty-one U of chapter forty- 
one of the General Laws, as amended by section one, with reference to 
the release of the interest of a town in a bond, the termination of the 
obligations under a bond and the return of a bond or deposit given as 
security shall apply to all definitive plans whether filed before or after 
the effective date of this act and all other provisions of said section shall 
apply to definitive plans filed after said effective date. 

Approved June 9, 1958. 

Chap. 378. An Act increasing the amount of property which 
may be held by the lowell textile institute build- 
ing 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 



214 Acts, 1958. — Chaps. 379, 380. 

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 two 
milhon five hundred thousand dollars in addition to the amount of real 
and personal 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 and chapter two hundred 
and eighty-four of the acts of nineteen hundred and fifty-six. 

Approved June 9, 1958. 



Chap. 379. An Act authorizing the metropolitan district com- 
mission TO REIMBURSE PROPERTY OWNERS FOR DAMAGE 
CAUSED BY THE BURSTING OF A WATER SUPPLY MAIN IN THE 
CITY OF REVERE. 

Be it enacted, etc., as follows: 

Notwithstanding any other provisions of law, including provisions 
relative to the settlement of claims against the commonwealth, the 
metropolitan district commission, subject to the approval of the attorney 
general, is hereby authorized and empowered to reimburse any persons 
for damage to their property, both real and personal, caused by the 
bursting, on January twenty-seventh, nineteen hundred and fifty- 
seven, of a section of the twelve-inch water supply main in the vicinity 
of 61 Bennington street in the city of Revere, and to expend for such 
purpose such sums as may be appropriated therefor from the funds of 
the metropolitan district commission; provided, that no claim for such 
damage shall be paid under the provisions of this act for any poles, 
wires, pipes or other public utility facilities located within the limits of 
any public way under any grant, license or permit. 

Approved June 9, 1958. 



Chap. 380. An Act authorizing the commissioner of mental 
health to transfer certain property in the^city of 
worcester to the division of youth service and pro- 
viding for the construction of a building thereon. 

Be it enacted, etc., as follows: 

Section 1. The commissioner of mental health in the name and on 
behalf of the commonwealth is hereby authorized and directed to trans- 
fer and convey to the division of youth service, without consideration, a 
certain tract of land located in the city of Worcester and bounded and 
described as follows : — 

Starting at a point on the northern side of Belmont Street at land of 
the department of public works; thence extending S 87° 29' 29" W by 
said Belmont Street 926 feet more or less to land of St. George's Syrian 
Antiochian Orthodox Church of Worcester; thence N 1° 59' 24" W by 
land of said church 667 feet more or less to other land of the department 
of mental health; thence S 82° 47' 54" E by said land of the department 
of mental health 1,023 feet more or less to land of the department of 
public works; thence S 40° 43' 36" W by said land of the department 
of pubhc works 129 feet more or less, and again S 2° 30' 31" E by said 
land of said department 400 feet more or less to the point of beginning; 



Acts, 1958. — Chaps. 381, 382. 215 

containing 12.6 acres more or less, and being that portion of the land 
of the Worcester State Hospital shown on a plan entitled "Plan of 
Land to be conveyed to the Division of Youth Service, April 1957, 
Robinson Engineering Inc." 

Section 2. The director of the division of youth service is authorized 
and directed to construct upon the land transferred and conveyed under 
the provisions of section one the place of custody authorized by chapter 
five hundred and fifty-seven of the acts of nineteen hundred and fifty- 
six, and shall have control* of such land and any buildings to be con- 
structed thereon. Approved June 9, 1968. 



Chap. 381. An Act to clarify the powers and duties of boards 
OF appeals. 

Be it enacted^ etc., as follows: 

Section 15 of chapter 40A of the General Laws is hereby amended by 
striking out paragraph 3, as appearing in section 2 of chapter 368 of the 
acts of 1954, and inserting in place thereof the following paragraph: — 

3. To authorize upon appeal, or upon petition in cases where a par- 
ticular use is sought for which no permit is required, with respect to a 
particular parcel of land or to an existing building thereon a variance 
from the terms of the applicable zoning ordinance or by-law where, 
owing to conditions especially affecting such parcel or such building but 
not affecting generally the zoning district in which it is located, a literal 
enforcement of the provisions of the ordinance or by-law would involve 
substantial hardship, financial or otherwise to the appellant, and where 
desirable relief may be granted without substantial detriment to the 
pubhc good and without nullifying or substantially derogating from the 
intent or purpose of such ordinance or by-law, but not otherwise. 

Approved June 9, 1958. 



Chap. 382. An Act increasing the amount of money which the 
city of leominster may expend under contracts for 
construction work or for the purchase of apparatus, 
supplies or materials without advertising for bids. 

Be it enacted, etc., as follows: 

Section 1. Section 27 of chapter 338 of the Special Acts of 1915 is 
hereby amended by striking out, in line 4, the words "two hundred" 
and inserting in place thereof the words "one thousand", — so as to 
read as follows: — Section 27. No contract for construction work or 
for the purchase of apparatus, supphes or materials, whether the same 
shall be for repairs or original construction, the estimated cost of which 
amounts to or exceeds one thousand dollars, except in cases of special 
emergency involving the health or safety of the people or their property, 
shall be awarded unless proposals for the same shall have been invited 
by advertisements in at least one newspaper published in the city once 
a week for at least two consecutive weeks, the last publication to be at 
least one week before the time specified for the opening of said proposals. 
Such advertisements shall state the time and place where plans and 
specifications of proposed work or supplies may be had and the time 



216 Acts, 1958. — Chaps. 383, 384. 

and place for opening the proposals in answer to said advertisements, 
and shall reserve to the city the right to reject any or all of such pro- 
posals. All such proposals shall be opened in pubhc. No bill or con- 
tract shall be split or divided for the purpose of evading any provision 
of this act. 

Section 2. This act shall take effect upon its acceptance by the city 
council of the city of Leominster, in accordance with the provisions of 
its charter, but not otherwise. Approved June 9, 1958. 

Chap. 383. An Act clarifying the law authorizing cities and 
towns to borrow for financing certain water sys- 
tem facilities. 

Be it enacted y etc., as follows: 

Section 1. Section 8 of chapter 44 of the General Laws is hereby 
amended by striking out clause (4), as appearing in the Tercentenary 
Edition, and inserting in place thereof the following clause: — 

(4) For the construction of filter beds, standpipes, reservoirs, build- 
ings for pumping stations, including original pumping station equip- 
ment, and the acquisition of land or any interest in land necessary in 
connection with any of the foregoing, twenty years. 

Section 2. Said section 8 of said chapter 44 is hereby further 
amended by striking out clause (5), as most recently amended by sec- 
tion 1 of chapter 123 of the acts of 1952, and inserting in place thereof 
the following clause: — 

(5) For laying and relaying water mains of not less than six inches 
but less than sixteen inches in diameter, and for lining such mains with 
linings of not less than one sixteenth of an inch, for the development of 
additional well fields, for wells, and for pumping station equipment, 
fifteen years. Approved June 9, 1958. 

Chap. 384. An Act authorizing the Massachusetts turnpike 
authority to take land for the relocation of facili- 
ties of public utility companies and to vacate or 
relocate certain public highways. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose which is to facilitate needed highway construction in constricted 
and densely populated areas in the commonwealth, to permit of the 
proper alignment and location of such highways and the facilities of 
public utility companies and others in relation to each other, to provide 
for the future expansion of highways in such areas, to establish proper 
grades and elevations for required bridges, to provide for proper and 
adequate drainage in such constricted areas, and to protect the highway 
in the event of abandonment in the future of the facilities of such public 
utilities, it is hereby declared to be an emergency law necessary for the 
immediate preservation of the public convenience and necessity. 

Be it enacted, etc., as follows: 

Section 1. The second paragraph of section 7 of chapter 354 of the 
acts of 1952 is hereby amended by adding at the end the following sen- 
tence: — In exercising the power herein granted, the Authority may 
take private property in the name of a city or town by exercise of the 



Acts, 1958. — Chap. 385. 217 

power of eminent domain as provided in chapter .seventy-nine of the 
General Laws. 

Section 2. Said section 7 of said chapter 354 is hereby further 
amended by striking out the third paragraph and inserting in place 
thereof the following paragraph : — 

Any public highway affected by the construction of the turnpike may 
be vacated or relocated by the Authority and any damages awarded on 
account thereof shall be paid by the Authority as a part of the cost of 
the turnpike. 

Section 3. Said section 7 of said chapter 354 is hereby further amend- 
ed by inserting after the fifth paragraph the following paragraph : — 

The Authority shall have power, in the process of constructing or 
reconstructing all or any part of the turnpike or any extension thereof 
or additions thereto, to take by eminent domain pursuant to chapter 
seventy-nine of the General Laws, such land abutting the turnpike as 
it may deem necessary or desirable for the purposes of removing or 
relocating all or any part of the facilities of any public utility, including 
rail lines, and may thereafter lease the same or convey an easement 
or any other interest therein to such utility company upon such terms as 
it, in its sole discretion, may determine. The relocation of the facilities 
of any public utility, including rail lines, in accordance with the pro- 
visions of this section shall be valid upon the filing of the plans thereof 
with the department of public utilities, and no general laws or other 
special laws, or parts thereof, shall be applicable to such relocation. 

Section 4. Section 10 of said chapter 354 is hereby amended by strik- 
ing out the first sentence and inserting in place thereof the following 
sentence : — The Authority is hereby authorized to fix, revise, charge 
and collect tolls for the use of the turnpike and the different parts or 
sections thereof, and to contract with any person, partnership, associa- 
tion or corporation desiring the use of any part thereof, including the 
right of Avay adjoining the paved portion, for placing thereon telephone, 
telegraph, electric light or power lines, gas stations, garages and restau- 
rants, or for any other purpose, and to fix the terms, conditions, rents 
and rates of charges for such use. 

Section 5. All general laws and all other special laws, or parts thereof, 
inconsistent herewith are hereby declared to be inapplicable to the 
provisions of this act. Approved June 10, 1958. 

Chap. 385. An Act extending dependency allowances under 

THE employment SECURITY LAW TO CERTAIN HANDI- 
CAPPED CHILDREN. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is, in part, to provide immediately that an unemployed 
person shall be paid an additional sum for each of his children eighteen 
years of age or over who are so mentally or physically incapacitated as 
to be incapable of earning any wages and who are dependent upon him, 
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 29 of chapter 151 A of the General Laws is hereby amended by 
striking out subsection (c), as most recently amended by chapter 542 



218 Acts, 1958. — Chaps. 386, 387. 

of the acts of 1957, and inserting in place thereof the following subsec- 
tion: — 

(c) An individual in total or partial unemployment and otherwise 
eligible for benefits shall be paid for each week of such unemployment, 
in addition to the amount payable under paragraph (a) or (6), as the 
case may be, the sum of four dollars for each child under the age of 
eighteen and for each child eighteen years of age or over incapable of 
earning any wages because of mental or physical incapacity, who is 
dependent upon him at law and in fact in a benefit year; provided, 
that such dependent child is domiciled within the United States or the 
territories or possessions thereof, and that in no instance shall the regular 
unemplojonent benefits and the additional amount allotted for depend- 
ency and partial earnings under paragraph (6) be more than his average 
weekly wage. Approved June 10, 1958. 



Chap. 386. An Act relative to the number of members of the 

EXECUTIVE committee OF TREMONT TEMPLE BAPTIST 
CHURCH. 

Be it enacted, etc., as follows: 

Section 1. The number of members of the executive committee, 
having the powers of a standing committee, of Tremont Temple Baptist 
Church, located in the city of Boston and incorporated by charter duly 
made and issued on June twenty-ninth, eighteen hundred and ninety-one, 
shall, notwithstanding any provision of section forty-nine of chapter 
sixty-seven of the General Laws to the contrary, be not less than thirty- 
six nor more than seventy-two. 

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

Approved June 10, 1958. 



Chap. 387. An Act authorizing the town of franklin to appro- 
priate and borrow money for the drainage of the 
spruce pond brook area. 

Be it enacted, etc., as follows: 

Section 1. The town of Franklin is hereby authorized to raise and 
appropriate or transfer from available funds a sum not exceeding sixty- 
three thousand dollars for the purpose of the construction and in- 
stallation cost of the drainage of the Spruce Pond Brook area, according 
to plans and specifications submitted by the engineering firm of Whit- 
man & Howard, said sum to be expended in conjunction Avith any 
money which may be allotted for said purposes by the commonwealth 
under the provisions of chapter ninety-one of the General Laws. 

Section 2. For the purpose of providing funds for the expenditures 
authorized by section one, the town of Franklin may, by the issuance 
of bonds, or notes, borrow such sums as may be necessary, not exceeding 
sixty thousand dollars, payable in not more than twelve years. Said 
bonds or notes shall bear on their face the words Franklin Spruce Pond 
Brook Area Drainage Loan, Act of 1958. Each authorized issue shall 
constitute a separate loan. Indebtedness incurred under this act 
shall be within the statutory limit and shall be subject to the provisions 



Acts, 1958. — Chaps. 388, 389. 219 

of chapter forty-four of the General Laws, exclusive of the Umitation 
contained in the first paragraph of section seven thereof. 

Section 3. Any action taken pursuant to the authority contained 
in this act by the town of Frankhn at the annual town meeting held on 
March twenty-sixth, nineteen hundred and fifty-eight, 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 meeting. 

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

Approved June 10, 1958. 



Chap. 388. An Act authorizing the town of fairhaven to pay 
members of the board of health for certain addi- 
tional services rendered. 

Be it enacted, etc. , as follows: 

Section 1. The town of Fairhaven is hereby authorized to expend 
from available funds in the board of health account for the year nine- 
teen hundred and fifty-seven the sum of six hundred and twenty-one 
dollars and fifty cents to pay Dr. F. A. Silveira, Jr., Dr. Edward L. 
Soares and Frank Bettencourt, members of said board for additional 
services rendered in said year. 

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

Approved June 10, 1958. 



Chap. 389. An Act relative to the registration of certain 
towels, garments, aprons and linens, and regulating 
the use of said registered articles. 

Be it enacted, etc., as follows: 

Section 1. Chapter 110 of the General Laws is hereby amended by 
inserting after section 25 the following three sections under the caption 
Registration of Certain Towels, Garments, Aprons, and Linens: 
— Section 25 A . A person engaged in the business of supplying or fur- 
nishing for tiire or compensation on a rental or lease basis clean laundered 
garments, towels, aprons, bed linen or table linen who uses his name and 
the word "registered" on such articles or supplies may register such 
articles or supplies by filing in the office of the clerk of the city or town 
where his principal place of business is situated, and also in the office 
of the state secretary, a description of the name so used by liim, and 
paying the fee pro\dded b}'' clause (G4) of section thirty-four of chapter 
two hundred and sixty-two, and shall publish such description once in 
each of three successive weeks in a newspaper having a circulation in the 
city or town where the description has been filed. 

Section 25B. No person shall without the written consent of the owner 
take, detain, use, sell, traffic in or otherwise dispose of, or use for any 
purpose other than that for which such article was intended, any regis- 
tered towel, garment, apron, bed linen or table linen; pro\dded, however, 
that the use of such article or articles at the place where the same are 
placed or delivered b}'' the owner or owners under an agreement, lease or 
license from such owner, shall not be unlawful; and proi-ided, further, 
that nothing herein contained shall make it unlaT\'iul for any hotel, 



220 Acts, 1958. — Chaps. 390, 391. 

restaurant, cafe or other public hostelry to permit and allow the use of 
such towel, garment, apron, bed linen or table linen to any guest, boarder 
or regularly hired employee thereof, during the period of any lease, 
renting or hiring agreement of said supplies with the owner thereof. 

Section 25C. No person shall without the written consent of the owner 
wilfully destroy, mutilate or deface any registered towel, garment, 
apron, bed linen or table linen, or wilfully erase, mar, cover, remove or 
alter any word or name printed, branded, stamped or otherwise pro- 
duced in a permanent manner upon such towel, garment, apron, bed 
linen or table linen. 

Section 2. Said chapter 110 is hereby further amended by inserting 
after section 28 the following section : — Section 29. Whoever violates 
any of the provisions of sections twenty-five A to twenty-five C, in- 
clusive, shall be punished for the first offence by a fine of not less than 
ten nor more than fifty dollars, and for each subsequent offence shall be 
punished by a fine of not less than twenty nor more than one hundred 
dollars, or by imprisonment in jail for not less than thirty days nor more 
than three months, or both. Approved June 10, 1958. 



Chap. 390. An Act authorizing towns to appropriate money for 
the control of diseases of epidemic proportions. 

Be it enacted, etc., as follows: 

Section 5 of chapter 40 of the General Laws is hereby amended by 
adding after clause (51), added by section 2 of chapter 223 of the acts 
of 1957, the following clause: — 

(52) For the control of any disease determined by the department of 
public health to be of epidemic proportions. Approved June 10, 1958. 



Chap. 391. An Act enabling certain employees of the city of 
boston and county of suffolk to effect a late 

entry into MEMBERSHIP IN THE STATE-BOSTON RETIRE- 
MENT SYSTEM. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of chapter five hundred 
and twenty of the acts of nineteen hundred and forty-seven, any em- 
ployee of the city of Boston or of the county of Suffolk, who on the 
effective date of this act is a member of the Boston retirement system 
may, at any time while such an employee, become a member of the 
State-Boston retirement system by fihng with the Boston retirement 
board an application on a prescribed form for membership in the State- 
Boston retirement system. No person becoming a member of the State- 
Boston retirement system under this act shall be entitled to full credit 
for service rendered prior to the date of his becoming such member 
unless before the date any retirement allowance becomes effective for 
him he shall have paid into the annuity savings fund of the State- 
Boston retirement system, in one sum, or in instalments, upon such 
terms and conditions as said retirement board may prescribe, make-up 
payments of a sum equal to the difference between the contributions 
he has made to the Boston retirement system since January first. 



Acts, 1958. — Chap. 391. 221 

nineteen hundred and forty-seven, and the contributions he would have 
made had he joined the State-Boston retirement system on that date, 
together with regular interest thereon. Upon the completion of such 
make-up payments such member shall be entitled to all creditable 
service to which he would have been entitled had he joined the State- 
Boston retirement system when first eligible to become a member. 

Notwithstanding the provisions of said chapter five hundred and 
twenty, any person who on February first, nineteen hundred and 
twenty-three, was, and continuously since then has been, an employee 
as defined in paragraph (6) of section two of chapter five hundred and 
twenty-one of the acts of nineteen hundred and twenty-two, as amended 
by section five of chapter four hundred and nine of the acts of nineteen 
hundred and thirty-seven, and who on the effective date of this act is 
neither a member of the Boston retirement system nor a member of the 
State-Boston retirement system, may, at any time while such an em- 
ployee, become a member of the State-Boston retirement system by 
filing with the Boston retirement board an application on a prescribed 
form for membership in the State-Boston retirement system. No 
person becoming a member of the State-Boston retirement system 
under this act shall be entitled to full credit for service rendered prior 
to the date of his becoming such member unless before the date any 
retirement allowance becomes effective for him he shall have paid into 
the annuity savings fund of the State-Boston retirement system, in one 
sum, or in instalments upon such terms and conditions as said retire- 
ment board may prescribe, make-up payments in a sum equal to the 
aggregate of (a) the amount which, if he had become a member of the 
Boston retirement system on February first, nineteen hundred and 
twenty-three, his accumulated deductions would total at the time of his 
becoming a member of the State-Boston retirement system under this 
act, together with regular interest thereon from the date of his becoming 
a member of the State-Boston retirement system, and (b) the difference 
between the contributions he would have made to the Boston retire- 
ment system since January first, nineteen hundred and forty-seven, and 
the contributions he would have made had he joined the State-Boston 
retirement system on that date, together with regular interest on such 
difference. Upon the completion of such make-up payments such 
member shall be entitled to all creditable service to which he would have 
been entitled had he joined the State-Boston retirement system when 
first eligible to become a member. 

In the event any retirement allowance becomes effective for anj^ 
person becoming a member of the State-Boston retirement system 
under this act before the completion of the make-up payments pre- 
scribed hereunder, such person shall, in addition to credit for his actual 
membership service, be entitled to credit for that proportion of his service 
rendered prior to the date of his becoming a member of the State-Boston 
retirement system which the total amount of his make-up payments 
actually made, exclusive of interest accruing thereon after the date of 
his becoming a member, bears to the total amount of what his make-up 
payments would have been had he made payment thereof in one sum 
on the date of his becoming a member. 

Section 2. The provisions of this act, shall notwithstanding any 
provision of general or special law to the contrary, be applicable to any 
person who on October first, nineteen hundred and fifty-seven, was an 



222 Acts, 1958. — Chaps. 392, 393, 394. 

employee of the city of Boston or county of Suffolk and a member of 
the Boston retirement system and who, between said October first and 
the effective date of this act, shall have reached the age of compulsory 
retirement, whether or not any retirement allowance had become 
effective or had been paid between said dates. 

Section 3. This act shall take full effect upon its acceptance during 
the current year by the city council of said city, subject to the provisions 
of its charter, but not otherwise. Approved June 10, 1958. 



Chap. 392. An Act increasing the retirement allowance of 

CERTAIN retired STATE EMPLOYEES WHO HAVE ATTAINED 
THE AGE OF NINETY AND HAVE THIRTY-FIVE YEARS CREDIT- 
ABLE SERVICE. 

Be it enacted J etc., as follows: 

Notwithstanding any provisions of law to the contrary, any retired 
state employee who at the time of his retirement had thirty-five or 
more years of creditable service and who upon the first day of July, 
nineteen hundred and fifty-eight has attained the age of ninety and is 
receiving a retirement allowance of less than two thousand dollars 
shall have said allowance increased to two thousand dollars, as of said 
date. Approved June 10, 1958. 



Chap. 393. An Act providing for the transfer of the care, 
control and maintenance of broadsound avenue in 
the city of revere to the metropolitan district 
commission. 

Be it enacted, etc., as follows: 

On and after the effective date of this act the care, control, policing, 
and maintenance of Broadsound avenue in the Beachmont section of 
the city of Revere shall be vested in the metropolitan district commis- 
sion. Approved June 10, 1958. 



Chap. 394. An Act transferring to the metropolitan district 

COMMISSION the CARE, CONTROL AND MAINTENANCE OF 
CERTAIN STREETS IN THE JAMAICA PLAIN DISTRICT OF THE 
CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The metropolitan district commission is hereby author- 
ized and directed to take over the care, control and maintenance of 
that portion of Prince street which lies between Perkins street and the 
Jamaicaway at Kelley circle, and that portion of Perkins street which 
lies between Francis Parkman drive and Prince street in the Jamaica 
Plain district of the city of Boston. 

Section 2. This act shall take effect upon its acceptance by vote 
of the city council of the city of Boston, pursuant to the provisions of 
its charter. Approved June 10, 1958. 



Acts, 1958. — Chaps. 395, 396, 397. 223 

Chap. 395. An Act to provide liens in certain cases for ex- 
penses INCURRED FOR THE RELIEF AND SUPPORT OF 
certain PERSONS. 

Be it enacted, etc., as follows: 

Section 5 of chapter 117 of the General Laws, as most recently 
amended by section 1 of chapter 581 of the acts of 1948, is hereby fur- 
ther amended by adding the following paragraph : — 

If relief or support under this chapter is necessary as a result of an 
accident, injury or illness for which moneys are expected to be pro- 
vided by accident or health insurance, workmen's compensation, or 
otherwise, the board of public welfare may require the person in need 
of such relief or support to provide for the reimbursement of the town 
for each day of such relief or support by assigning to the town an 
equivalent amount of the moneys to be so realized for such day; but 
such assignment shall not operate as a lien on moneys to be so realized 
for any day for which relief or support is not provided. Such assign- 
ment may be enforced by petition to the district court within the 
jurisdiction of which the town providing such relief or support is 
situated. Approved June 10, 1958. 

Chap. .396. An Act providing that certain seasonal positions 
in the division of public beaches shall not be sub- 
ject to the civil service laws. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to exempt forthwith certain positions from civil 
service, thereby expediting the appointment of certain helpers and 
attendants to work in the division of public beaches during the summer 
season, therefore it is hereby declared to be an emergency law", neces- 
sary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of any general or special law to the 
contrary, the positions of conservation helper and bathhouse attendant 
filled on a seasonal basis in the division of public beaches within the 
department of public works shall not be subject to the provisions of 
chapter thirty-one of the General Laws. Approved June 13, 1958. 

Chap. 397. An Act authorizing the town of hanover to pay a 
certain sum of money to the hanover historical 

society for EXPENSES INCURRED IN CONNECTION WITH 
THE MAYFLOWER II CELEBRATION. 

Be it enacted, etc., as follows: 

Section 1. The town of Hanover is hereby authorized to appro- 
priate from available funds the sum of one hundred and thirty-one 
dollars and fifteen cents to reimburse the Hanover Historical Society 
for funds expended in the preparation of a float which represented the 
town of Hanover in the Colonial Day parade at Plymouth during the 
Mayflower H celebration. 

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

Approved June 13, 1958. 



224 Acts, 1958. — Chaps. 398, 399, 400. 

Chap. 398. An Act to extend the corporate existence of John- 
son SECURITIES company. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to extend the corporate existence of Johnson Securites 
Company which othermse may terminate July eighth, nineteen hundred 
and fifty-eight, 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: 

Notwithstanding the provisions of section seven of chapter one hun- 
dred and fifty-six of the General Laws, Johnson Securities Company 
shall continue to be a corporation for a further term of one year from 
July eighth, nineteen hundred and fifty-eight, and shall during such 
further term have the powers and privileges and be subject to the duties, 
liabilities and restrictions set forth in its charter and in all general laws 
now or hereafter in force relating to such corporations. 

Approved June 13, 1958. 



Chap. 399. An Act authorizing the chairman of the state box- 
ing COMMISSION to make CERTAIN RULES, REGULATIONS 
AND REPORTS. 

Be it enacted, etc., as follows: 

Chapter 147 of the General Laws is hereby amended by striking out 
section 46, as appearing in the Tercentenary Edition, and inserting in 
place thereof the following section : — Section 46. The chairman, in 
consultation Avith the other members of the commission, may make 
such rules and regulations for the administration and enforcement of 
sections thirty-two to forty-seven, inclusive, as he may deem necessary, 
subject to the approval of the governor and council. Such rules and 
regulations may provide for and regulate the granting of a special per- 
mit for exhibitions where no decision is to be rendered and where a 
skilled boxer or boxers merely demonstrate the science of boxing. The 
commission through the commissioner shall make an annual report to 
the general court of the acts of the commission. 

Approved June 13, 1958. 



Chap. 400. An Act authorizing and directing the director of 

THE division OF EMPLOYMENT SECURITY TO CONVEY CER- 
TAIN LAND TO THE HEIRS OF THE LATE SHERMAN BOWLES 
OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

The director of the division of employment security in the name of 
the commonwealth and subject to the approval of the governor and 
council is hereby authorized and directed to transfer and convey to cer- 
tain heirs of the late Sherman Bowles of Springfield, as tenants in com- 
mon, all the right, title and interest of the commonwealth in and to a 
certain parcel of land more particularly described in a sheriff's deed to 
the commonwealth, dated August 30, 1946, and recorded with Hampden 



Acts, 1958. — Chaps. 401, 402, 403. 225 

County Registry of Deeds, Book 1837, page 370, in the following pro- 
portions : — 

to Esther J. Bowles, a one third interest; 

to Francis Bowles, a one sixth interest; 

to Elizabeth H. Bowles, a one sixth interest; 

to Amy Jane Slade, a one sixth interest; 

to John Bowles, a one sixth interest; 
upon the payment to the commonwealth of a sum to be mutually agreed 
upon. The said director is authorized to sign, acknowledge and deliver 
in form to be approved by the attorney general a deed in execution of 
the foregoing. Approved June 13, 1958. 

Chap. 401. An Act providing that a person held in custody, 
charged with operating a motor vehicle while 
under the influence of intoxicating liquor, shall 
have the right to have an immediate medical exam- 
INATION. 

Be it enacted, etc., as follows: 

Chapter 263 of the General Laws is hereby amended by inserting after 
section 5 the following section: — Section 5 A. A person held in custody 
at a police station or other place of detention, charged with operating 
a motor vehicle while under the influence of intoxicating liquor, shall 
have the right, at his request and at his expense, to be examined im- 
mediately by a physician selected by him. The police official in charge 
of such station or place of detention shall inform him of said right 
immediately upon being booked, and shall afford him a reasonable 
opportunity to exercise it. Approved June 18, 1958. 

Chap. 402. An Act authorizing the department of public works 
TO permit the installation of pay telephone booths 

ALONG THE FALL RIVER EXPRESSWAY. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of any general or special law to the 
contrary, the department of public works is hereby authorized to grant 
permission for the installation of pay telephone booths along the Fall 
River Expressway. Approved June 18, 1958. 

Chap. 403. An Act authorizing advance payments to certain 
employees of the commonwealth who are eligible 
for retirement. 

Be it enacted, etc., as follows: 

Chapter 32 of the General Laws is hereby amended by adding after 
section 97 the following section : — Section 98. The state treasurer may 
make advance payments in an amount not to exceed any retirement 
allowance actually due to employees of the commonwealth who are 
eUgible for, and who have filed appHcation for, retirement, during such 
period as is necessary for the processing of such application for retire- 
ment. The said treasurer shall make rules and regulations governing 
such payment. Approved June 18, 1958. 



226 Acts, 1958. — Chaps. 404, 405, 406. 

Chap. 404. An Act belative to rights of certain members of 
contributory retirement systems. 

Be it enacted, etc., as follows: 

Section 1. Paragraph (a) of subdivision (1) of section 14 of chap- 
ter 32 of the General Laws, as appearing in section 1 of chapter 658 of the 
acts of 1945, is hereby amended by striking out the last sentence and 
inserting in place thereof the following sentence : — During such periods, 
however, no deductions for the annuity savings fund of the system shall 
be ma,de from payments such members shall receive under the provisions 
of chapter one hundred and fifty-two, nor shall he withdraw his accumu- 
lated total deductions therefrom. 

Section 2. The paragraph inserted after paragraph (a) of said sub- 
division (1) of said section 14 of said chapter 32, as amended by chap- 
ter 484 of the acts of 1952, is hereby further amended by striking out the 
last sentence and inserting in place thereof the following sentence: — 
At the time of his retirement there shall be transferred from the pension 
fund of the system of which he was a member at the time of the accident, 
to the annuity savings fund of the system of which he is then a member, 
the amount which said person would have paid into said fund had his 
employment in the service of the commonwealth or political subdivision 
thereof not been interrupted by his industrial accident with regular 
interest to the date of retirement, but in no event more than would be 
credited to him if regular deductions with interest were made on his 
full salary or wages; provided, that any sum so paid by the common- 
wealth or any political subdivision thereof shall be used only to provide 
an increased retirement allowance of the person on whose account such 
payment is made. Approved June 18, 1968. 

Chap. 405. An Act relative to membership in the fitchburg 

fireman's relief association and providing for PAY- 
MENT OF CERTAIN DEATH BENEFITS BY SAID ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. Any member of the Fitchburg Fireman's Relief Associa- 
tion, a corporation duly organized under the laws of the commonwealth, 
who ceases to be a member of the Fitchburg fire department shall there- 
upon 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 Fitchburg fire 
department by reason of being retired shall, within thirty days after 
such retirement, be paid from the funds of said association a sum of 
money equal to the death benefit provided by its by-laws. 

Section 2. This act shall take effect on January first, nineteen hun- 
dred and fifty-nine. Approved June 18, 1958. 

Chap. 400. An Act providing for a minimum corporation excise. 

Be it enacted, etc., as follows: 

Section 1. Section 32 of chapter 63 of the General Laws, as most 
recently amended by section 1 of chapter 577 of the acts of 1957, is 
hereby further amended by striking out subsection (6) and inserting 
in place thereof the following subsection : — 



Acts, 1958. — Chap. 407. 227 

(b) In no event shall the excise be less than one twentieth of one per 
cent of the fair value of the corporation's capital stock on the last day 
of such taxable year or twenty-five dollars, whichever is greater. 

Section 2. Section 39 of said chapter 63, as most recently amended 
by section 2 of said chapter 577, is hereby further amended by striking 
out subsection (6) and inserting in place thereof the following sub- 
section : — 

(6) In no event shall the excise payable be less than one twentieth of 
one per cent of such proportion of the fair value of the corporation's 
capital stock as the assets, both real and personal employed in any 
business ^\dthin the commonwealth on the last day of such taxable year 
bear to the total assets of the corporation employed in business on said 
date or twenty-five dollars, whichever is greater. 

Section 3. This act shall apply to taxable years commencing on 
and after December thirt^^-first, nineteen hundred and fifty-seven. 

Approved June 18, 1958. 

Chap. 407. An Act relative to the investment of certain 

retirement system funds. 
Be it enacted, etc., as follows: 

Paragraph (6) of subdivision (2) of section 23 of chapter 32 of the 
General Laws, is hereby amended by striking out clause (i), as amended 
by chapter 417 of the acts of 1956, and inserting in place thereof the 
following clause: — 

(i) In securities, other than mortgages or collateral loans, which are 
legal for the investment of funds of savings banks under the laws of the 
commonwealth; provided that: — 

(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 obligations of lessor railroad corporations which 
derive seventj^-five per cent or more of their income from leases of their 
railroads to said operating railroad corporation. 

(B) Not more than twenty-five per cent of the assets of any such sys- 
tem shall be invested in the bonds of telephone companies, nor shall 
more than two and one half per cent of such assets be invested in the 
bonds of any one telephone company. 

(C) Not more than forty per cent of the assets of any such system 
shall be invested in the bonds of public service companies, nor shall 
more than three per cent of such assets be invested in the bonds of any 
one such corporation. 

(D) Not more than ten per cent of the assets of any such system shall 
be invested in obligations made eligible for investment by savings banks 
under the provisions of section fifty of chapter one hundred and sixty- 
eight, nor shall more than one per cent of such assets be invested in the 
obligations of any one obligor so made eligible for investment. 

(E) Not more than fifteen per cent of the assets of any such system 
shall be invested in bank stocks and insurance companies stocks, nor 
shall more than one and one half per cent of such assets be invested in 
the stock of any one bank or insurance company. 

Approved June 18, 1958. 



228 Acts, 1958. — Chaps. 408, 409, 410. 

Chap. 408. An Act providing retirement boards an alterna- 
tive METHOD OF PREPARING THE ANNUAL STATEMENT 
RELATIVE TO THE STATUS OF A MEMBER'S ACCOUNT. 

Be it enacted, etc., as follows: 

Paragraph (i) of subdivision (5) of section 20 of chapter 32 of the 
General Laws is hereby amended by striking out the last sentence, 
added by section 1 of chapter 642 of the acts of 1954, and inserting in 
place thereof the following sentence : — Such statement shall show 
either the total contribution since the member entered the retirement 
system, the total amount of interest which has accrued, and the com- 
bined total in the account as of the end of the previous calendar year, 
or the regular deductions for the previous calendar year, additional 
deductions, if any, for the previous calendar year, regular interest 
credited for the previous calendar year, and accumulated total deduc- 
tions as of the close of the previous calendar year. 

Approved June 18, 1958. 

Chap. 409. An Act providing that veterans of world war i 

WHO are residents of the COMMONWEALTH MAY TAKE 
UNIVERSITY EXTENSION COURSES FREE OF CHARGE. 

Be it enacted, etc., as follows: 

Chapter 69 of the General Laws is hereby amended by striking out 
section 7 A, as amended by section 20 of chapter 627 of the acts of 1954, 
and inserting in place thereof the following section: — Section 7 A. In 
addition to the persons entitled to take university extension courses 
free of charge under section seven, the following persons shall be en- 
titled to take such courses free of charge for a total period of not more 
than four years : — 

Residents of the conmionwealth while serving in the armed forces of 
the United States and stationed in the commonwealth. 

World War I, World War II and Korean veterans, as defined in clause 
Forty-third of section seven of chapter four, who are residents of the 
commonwealth. 

The commonwealth may accept and use such federal funds as may be 
available for the purposes of this section. Approved June 18, 1958. 

Chap. 410. An Act making a minor who has attained the age of 
eighteen competent to give a valid discharge for 

certain payments MADE TO HIM UNDER CERTAIN IN- 
SURANCE POLICIES. 

Be it enacted, etc., as follows: 

Chapter 175 of the General Laws is hereby amended by inserting 
after section 128 the following section: — Section 128 A. Any minor 
domiciled in this commonwealth who has attained the age of eighteen 
years shall be deemed competent to receive and to give full acquittance 
and discharge for a payment or payments in an aggregate amount not 
exceeding two thousand dollars in any one year, made by any insurer 
as benefits paj^able to such minor in compliance with the provisions of 
an insurance pohcy, annuity contract or settlement agreement; pro- 



Acts, 1958. — Chap. 411. 229 

vided that prior to such payment the company has not received written 
notice of the appointment of a duly quahfied guardian of the property 
of such minor. No such mmor shall be deemed competent to alienate 
the right to, or to anticipate, such payments. 

This section shall not be deemed to affect the rights of minors under 
section one hundred and twenty-eight. Approved June 18, 1958. 



Chap. 411. An Act authorizing the submission to the voters 
OF the city of boston of the question of increasing 

THE salaries OF AND ESTABLISHING A MINIMUM ANNUAL 
SALARY FOR FIRE FIGHTERS AND UNIFORMED FIRE ALARM 
PERSONNEL IN SAID CITY. 

Be it enacted, etc., as follows: 

Section 1. The officers and members of the fire-fighting force of the 
fire department of the city of Boston shall receive such annual salary 
as shall from time to time be fixed by the fire commissioner wdth the 
approval of the mayor; provided, however, that the chief of depart- 
ment shall not receive as an annual salary less than eleven thousand 
nine hundred and forty dollars, nor an assistant chief less than ninety- 
eight hundred and forty dollars, nor a deputy chief less than eighty- 
eight hundred and forty dollars, nor a district chief less than eight 
thousand dollars, nor a captain less than sixty-nine hundred and sixty 
dollars, nor a Heutenant less than sixty-two hundred and eighty dollars, 
nor a fire fighter after the second year of service less than fifty-five 
hundred dollars or in the second year of service less than five thousand 
and thirty dollars or in the first year of service less than forty-eight 
hundred and eighty dollars. 

Section 2. The officers and members of the fire alarm division of the 
fire department of said city shall receive such annual salary as shall 
from time to time be fixed by the fire commissioner with the approval 
of the mayor; provided, however, that the superintendent of fire alarm 
shall not receive as an annual salary less than eighty-eight hundred and 
forty dollars, nor an assistant superintendent less than eight thousand 
dollars, nor a general foreman of fire alarm construction or a radio 
supervisor less than seventy-three hundred and sixty dollars, nor a 
principal fire alarm operator or a foreman of inside wiremen or a fore- 
man of linemen and cable splicers less than sixty-nine hundred and sixty 
dollars, nor a senior fire alarm operator or a radio operator or a working 
foreman machinist or a working foreman lineman and cable splicer or 
an inside wireman less than sixty-two hundred and eighty dollars, nor 
an electrical equipment repairman after the second year of service less 
than fifty-seven hundred dollars or in the second year of service less 
than five thousand and thirty dollars or in the first year of service less 
than forty-eight hundred and eighty dollars, nor a fire alarm operator or 
a radio repairman or a machinist or a cable splicer or a lineman or a 
motor equipment operator after the second year of service less than 
fifty-five hundred dollars or in the second year of service less than five 
thousand and thirty dollars or in the first year of service less than forty- 
eight hundred and eighty dollars. 

Section 3. (a) If a petition is obtained, signed and filed, and signa- 
tures of petitioners thereon certified, and a certificate transmitted to 



YKS 1 


NO 1 



230 Acts, 1958. — Chap. 411. 

the state secretary, all as provided in this section, there shall be printed 
on the official ballot to be used in the city of Boston at the biennial 
state election in the current year the following question: — Shall fire 
fighters and uniformed fire alarm personnel employed by the city of 
Boston, who now receive a yearly salary of $4,090 to start, $4,450 after 
two years' service and $4,710 after eleven years' service, receive an 
increase of at least $790 to a minimum yearly salary of 
$4,880 to start and $5,500 after two years' service, with 
salary increases of at least $790 for their uniformed superiors? 

(6) A petition for the printing of such question as aforesaid shall be 
issued only if, after the effective date of this section, ten or more regis- 
tered voters of the city appear together at the office of the board of 
election commissioners of the city, elsewhere in this act called the elec- 
tion commission, and in the presence of a justice of the peace subscribe, 
in a book kept for the purpose by the election commission, a request 
for the issuance of such petition in substantially the following form: — 

The Commonwealth of Massachusetts 

CITY OF BOSTON 

Request for Issuance of Petition for Printing of Question on Ballot. 

Each of the undersigned hereby declares under the pains and penalties of perjury 
on this day of 1958: 

1. That he is a registered voter of the City of Boston residing at the street and 
number, and in the ward, set against his name. 

2. That he desires to have printed on the official ballot to be used in the City of 
Boston at the biennial state election to be held in the current year the following 
question : 

{Here insert the question set forth in paragraph (a) of this section.) 

3. And that he hereby requests the issuance of a petition for such printing of such 
question. 

The undersigned do herebj^ appoint each of the following persons: — (here insert 
name and address of one or more persons) as their duly authorized agents to receive 
the petition hereby requested. 



Signature of Residence on yr . Prppinpt Present 

Petitioner January 1, 1958 **^'^" t-recmci Residence 

Signed bj^ the subscribers appearing together at the office of the Board of Election 

Commissioners of the City of Boston on this day of 

1958 in the presence of 



Justice of the Peace. 

(c) If a request is subscribed as provided for by paragraph (6), the 
election commission shall check each name on such request and shall 
certify thereon the number of signatures so checked which are the 
names of registered voters of the city and, if such request contains at 
least ten names certified pursuant to this paragraph, shall issue, not later 
than five o'clock in the afternoon of the tenth day after the subscription 
of such request, to any one of the persons specified in such request as 
the duly authorized agents of the persons subscribing such request, 
petition sheets containing spaces for signature equal in number to one 
half of the number of persons registered to vote in the city at the biennial 



Acts, 1958. — Chap. 411. 231 

state election next preceding the filing of such request. Each petition 
sheet shall be in substantially the following form: 

The Commonwealth of Massachusetts 
CITY OF BOSTON 
Petition for Printing of Certain Question on Ballot in the City of Boston. 
To the Board of Election Commissioners of the City of Boston: 

We, the undersigned, registered voters of the City of Boston, hereby petition that 
there be printed on the official ballot to be used in the City of Boston at the biennial 
state election to be held on Tuesday, November 4, 1958, the following question: — 

{Here incert the question set forth in paragraph (a) of this section.) 



Signatures of 



Residence 



Pptitinnprs January 1, 195S Prespnt 

(Tobe^sSdin'person ..^^^e'dT'esidence ""'"' ^''''''' ^^^^^ 

with name as registered) ^"^Xn'registeredr 

The Commonwealth of Massachusetts 

Suffolk, ss. Boston. 19 . 

The undersigned, being the circulator or circulators of this sheet, severally cer- 
tify, under the pains and penalties of perjury, that the persons whose names are 
written upon the lines the numbers of which appear opposite our signatures below, 
signed the same in person. 

NUMBERS OF LINES UPON WHICH 

NAMES AND ADDRESSES OF PERSONS APPEAR SIGNATURES AS TO WHICH 

CIRCULATING THIS SHEET CERTIFICATION IS MADE HEREBY 

Name Address 

{Add here or at some other convenient place on petition sheet the following) — 
This petition sheet filed by 

Signature of Filer 
Number, Street, City 



Each petition sheet shall, before issuance, be prepared by the election 
commission by making the insertion required by the foregoing form. 
No petition sheet shall be valid unless prepared and issued by the elec- 
tion commission. 

(d) A petition for the printing of said question as aforesaid shall be 
signed by registered voters of the city to a number equal at least to five 
per cent of the persons registered to vote in the city at the biennial 
state election next preceding the filing of the petition. Every voter 
signing such a petition shall sign in person, with his name as registered, 
and shall state his residence on January first preceding, or his residence 
when registered if subsequent thereto, and the place where he is then 
living, with the street and number, if any; but any voter who is pre- 
vented by physical disability from writing may authorize some person 
to write his name and residence in his presence. The signature of any 
petitioner which is not certified by the circulator of the sheet as pro- 
vided in the form set forth in paragraph (c) shall not be counted in 



232 Acts, 1958. — Chap. 411. 

determining tiie number of petitioners. If the name of any voter ap- 
pears as petitioner on the same petition more than once, it shall be 
deemed to appear but once. 

(e) The separate sheets of a petition for the printing of said question 
as aforesaid shall be filed all together with the election commission at 
or before five o'clock in the afternoon of July twenty-second in the cur- 
rent year. Every sheet of such petition shall be signed by the person 
filing such petition who, if he is other than the person appointed to 
receive the petition upon the issuance thereof, shall add to his signa- 
ture his place of residence, giving street and number, if any; and the 
election commission shall require satisfactory identification of such per- 
son. Such petition shall, when filed, be a matter of public record; but 
such petition shall not be open to public inspection until the signatures 
thereon have been certified. 

(/) Upon the filing of a petition for the printing of said question as 
aforesaid the election commission shall check each name to be certified 
by it on such petition and shall certify thereon the number of signatures 
so checked which are the names of registered voters of the city; pro- 
vided, however, that said commission shall not certify a greater number 
of names than required by paragraph (d) with one fifth of such number 
added thereto. Names not certified in the first instance shall not there- 
after be certified on the same petition. A petition not containing names 
certified pursuant to this paragraph, to the number required by said 
paragraph (d), shall be invalid. The election commission shall com- 
plete the certification required by this paragraph at or before five o'clock 
in the afternoon of August nineteenth in the current year. 

(g) A petition for the printing of said question as aforesaid which has 
been filed and is in apparent conformity with law shall be deemed to be 
valid unless written objection thereto is made by a registered voter of 
the city. Such objection shall be filed with the election commission at 
or before five o'clock in the afternoon of August twenty-sixth in the 
current year. Any general or special law to the contrary notwithstand- 
ing, objections filed with the election commission shall forthwith be 
transmitted by it to the Boston ballot law commission, which shall 
forthwith consider such objections and not later than September ninth 
in the current year render its decision on such objections stating its 
finding as to the validity of the petition. In all matters relating to 
such objections, said commission shall have the powers and perform 
the duties prescribed by law for the state ballot law commission in 
matters under its jurisdiction; and the decision of said commission shall 
in like manner be final except that it shall be subject to judicial review 
under section fourteen of chapter thirty A of the General Laws. Cer- 
tification pursuant to paragraph (/) shall not preclude a voter from filing 
objections to the validity of such petition. 

(h) If such petition is either deemed or found to be valid under para- 
graph (g), the election commission shall transmit to the state secretary 
not later than five o'clock in the afternoon of September sixteenth in 
the current year a certificate of the filing of a petition in conformity 
with this section, of the certification of signatures of petitioners thereon 
to the number required by paragraph (d) and of the deeming or finding 
of such petition to be valid under paragraph (g). 

Section 4. Section three of this act shall take effect upon its pas- 
sage. Sections one and two of this act shall take effect on the first 



Acts, 1958. — Chaps. 412, 413. 233 

Wednesday of January, nineteen hundred and fifty-nine, if the afore- 
said question is printed on the official ballot to be used in the city of 
Boston at the biennial state election in the current year and a majority 
of votes cast in answer to such question at such election are in the 
affirmative. Approved June 19, 1958. 

Chap. 412. An Act exempting from local taxation certain 
lands of the commonwealth. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any contrary provision of chapter 
fifty-nine of the General Laws, or of section twelve of Part I of chapter 
four hundred and ninety of the acts of nineteen hundred and nine, or of 
section seventeen of chapter four hundred and sixty-five of the acts of 
nineteen hundred and fifty-six, or of any other general or special law, 
there shall be exempt from local taxation, so long as constituting prop- 
erty of the commonwealth or of the Massachusetts Port Authority and 
remaining open to the public for navigation, so much of the lands 
situate in that part of the city of Boston called South Boston and known 
as the Commonwealth Flats as are shown as lots A ^ and A ^ on a plan 
by Ernest W. Branch Inc., dated March 6, 1958, entitled "Plan of 
Comm. Pier #6 (Fish Pier) Boston", and filed in the office of the state 
secretary on June 2, 1958. 

Section 2. This act shall take effect on January first, nineteen 
hundred and fifty-nine. Approved June 19, 1958. 

Chap. 413. An Act authorizing the wellesley housing author- 
ity TO TAKE BY EMINENT DOMAIN CERTAIN LAND IN 
WELLESLEY TO PROVIDE A PROJECT FOR HOUSING ELDERLY 
PERSONS OF LOW INCOME. 

Be it enacted, etc., as follows: 

Section 1. The Wellesley Housing Authority, subject to the rights 
of the Commonwealth of Massachusetts in the Cochituate aqueduct, 
is hereby authorized to take by eminent domain, in order to provide 
housing for elderly persons of low income, a parcel of land owned by the 
town of Wellesley, being a portion of the land described in a deed dated 
August 10, 1916 and recorded with Norfolk Deeds, Book 1358, Page 339, 
which parcel is shown on a plan entitled "Plan of Land in Wellesley, 
Mass. owned bj'' Town of Wellesley" by Gleason Engineering Company 
dated April 29, 1958, a copy of which is on file in the office of the town 
clerk, and is bounded as follows : — Northwesterly by land of the 
Boston and Albany Railroad Company, three hundred twenty-seven 
and thirty-four hundredths feet; northeasterly, by land now or formerly 
of George F. and Mary B. Doherty, one hundred sixty-one and fifty- 
one hundredths feet; southeasterly, northeasterly and southeasterly 
again by three lines, sixty-five feet, thirty feet and one hundred sixty- 
five and thirty-three himdredths feet by other land of said town ; north- 
easterly by said other land of the town, two hundred thirty-seven and 
eighty-one hundredths feet; southeasterly by the northerly line of 
Washington street, forty feet; southwesterly by land of the town of 
Wellesley three hundred eighty-four and twenty hundredths feet. 

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

Approved June S4, 1958. 



234 Acts, 1958. — Chaps. 414, 415, 416. 

Chap. 414. An Act further regulating the drawing of water 

FROM MUSCHOPAUGE POND BY THE TOWNS OF RUTLAND 
AND HOLDEN. 

Be it enacted, etc., as follows: 

Section 1. The to^vlls of Rutland and Holdeii may for the purposes 
specified in chapter one hundred and fifty-eight of the acts of eighteen 
hundred and ninety-five, and chapter one hundred and eighty of the 
acts of eighteen hundred and ninety-six, respectively, withdraw from 
Muschopauge pond in the town of Rutland all the water necessary to 
meet the reasonable requirements of the towns of Rutland and Holden 
when the water level of Muschopauge pond is not more than five feet 
below the high water elevation, said high water elevation being hereby 
re-established as one thousand twenty-nine and four hundredths feet 
above mean sea level datum. When the level of Muschopauge pond is 
below elevation one tliousand twenty-four and four hundredths feet 
mean sea level, the amounts of water drawn by the town of Holden 
from Muschopauge pond shall be subject to the rights of the town of 
Rutland in said pond, and the amounts which may be drawn by said 
towns shall be determined by the water resources commission upon 
apphcation by either of said towns. Such determinations shall be made 
within thirty daj^s after such application and shall be final, and the 
supreme judicial or superior court upon application of said water re- 
sources commission may enforce said determinations. 

Section 2. Said towns shall adopt all reasonable measures to pre- 
vent wasting or improper use of the water so withdrawn. The towns of 
Rutland and Holden shall each report monthly to the water resources 
commission the amounts of water withdrawn from said pond and the 
elevation of the water therein. 

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

Approved June 24, 1958. 

Chap. 415. An Act extending the date of expiration of funds 

FOR THE investigation OF THE GROUND WATER RE- 
SOURCES IN THE COUNTIES OF PLYMOUTH AND BRISTOL. 

Be it enacted, etc., as follows: 

Section 1. Section 2 of chapter 314 of the acts of 1957 is hereby 
amended by striking out, m line 6, the word "fifty-eight" and inserting 
in place thereof the word : — fifty-nine. 

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

Approved June 24, 1958. 



Chap. 416. An Act relative to membership under the contribu- 
tory RETIREMENT LAW. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to provide forthwith that the retirement allowance 
of certain inactive members of the contributory retirement system shall 
not be less than the retirement allowance such members would have 
received under the provisions of law in effect prior to the effective date 
of chapter six hundred and sixty-one of the acts of nineteen hundred 



Acts, 1958. — Chaps. 417, 418. 235 

and fifty-seven, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Chapter 661 of the acts of 1957 is hereby amended by striking out 
section 4 and inserting in place thereof the following section : — Section 4- 
This act shall take effect as of May thirty-first, nineteen hundred and 
fifty-seven; but anything in sections one to three, inclusive, of this act 
to the contrary notwithstanding, the retirement allowance of any per- 
son who on May thirty-first, nineteen hundred and fifty-seven was 
either a member in service, or a member inactive except one who has 
been retired and who is receiving a retirement allowance, of a retire- 
ment system subject to sections one to twenty-eight, inclusive, of chapter 
thirty-two of the General Laws, shall in no event be less than the re- 
tirement allowance provided by the provisions of law in effect immedi- 
ately prior to the effective date of this act; nor shall the benefit of an}?- 
beneficiar}'^ of such person be less than the benefit so provided. 

Approved June 24, 1958. 

Chap. 417. An Act for the reimbursement by the common- 
wealth TO the city of quincy for certain land 

taken for widening ROBERTSON STREET. 

Be it enacted, etc., as follows: 

Notwithstanding any other provision of law, there shall be paid, 
subject to appropriation, from the Highway Fund, to the city of Quincy 
the sum of four thousand dollars for approximately four thousand feet 
of land taken by the commonwealth from the Gridley Bryant School 
playground for the widening of Robertson street. 

Approved June 24, 1958. 

Chap. 418. An Act authorizing the county commissioners of 
hampden county to establish a right of way for 
public access to forest lake in the town of palmer 
and of an area for the parking of vehicles con- 
tiguous to said right of way. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Hampden county are 
hereby authorized to lay out a right of waj'^ for pubhc access to Forest 
lake in the town of Palmer and an area for parking contiguous thereto, 
in accordance with plans to be approved by the department of public 
works and showing the location and dimensions of such right of way and 
parking area. If it is necessary to acquire land for the purpose of laying 
out such right of way or parking area, said count}^ commissioners shall 
at the time such right of way or parking area is laid out take such land 
by eminent domain under chapter seventy-nine of the General Laws. 
Ally person sustaining damages in his property by the laying out of such 
right of way or parking area, or by specific repairs or improvements 
thereon, shall be entitled to recover the same under said chapter seventy- 
nine, provided, that the right to recover damages, if any, by reason of the 
laying out of such right of way or parking area shall vest upon the re- 



236 Acts, 1958. — Chaps. 419, 420. 

cording of the order of taking by said county commissioners and that 
no entry or possession for the purpose of constructing a pubhc way on 
land so taken shall be required for the purpose of validating such taking 
or for the payment of damages by reason thereof. 

Section 2. The town of Palmer from time to time may make specific 
repairs on or improve such right of waj'- or parking area to such extent 
as it may deem necessary, but neither the county of Hampden nor any 
city or town therein shall be required to keep such right of way or park- 
ing area in repair, nor shall it be hable for injury sustamed by persons 
traveling thereon, provided, that sufficient notice to warn the public 
is posted where such way enters upon or unites with an existing public 
way. 

Section 3. All expenses incurred by said county commissioners in 
connection with such right of way or parking area shall be borne by the 
county of Hampden, or by such cities or towns therein, and m such pro- 
portions as said county commissioners may determine. 

Section 4. Said right of way or parking area shall not be discon- 
tinued or abandoned without authority therefor from the general court. 

Section 5. Nothing in this act shall be construed to Hmit the powers 
of the department of public health, or any local board of health, under 
any general or special law. Approved June 24, 1958. 

Chap. 419. An Act authorizing the acquisition by boston edison 
company of certain easements in and over land of 

the commonwealth in the town of SUDBURY. 

Be it enacted, etc., as follows: 

Subject to the approval of the governor and council, the director of 
the division of fisheries and game, in the name and behalf of the common- 
wealth, may sell and convey to Boston Edison Company, an electric 
company organized and existing under the laws of the commonwealth, 
perpetual rights and easements for the transmission of electric current 
and for telephone and signal line purposes incidental thereto under, 
upon and over a strip of land not exceeding two hundred and fifty feet 
in width, said strip being a portion of the lands situated in the town of 
Sudbury held for the purposes of the division of fisheries and game, for 
such price and upon such terms and restrictions as may be agreed upon 
by said director and said company. Approved June 24, 1958. 

Chap. 420. An Act authorizing the county commissioners op 
berkshire county to establish a right of way for 
public access to mahkeenac lake, otherwise known 
as stockbridge bowl, in the town of stockbridge 
and of an area for the parking of vehicles contigu- 
ous to said right of way. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Berkshire county are hereby 
authorized to lay out a right of way for pubhc access to Mahkeenac 
lake, otherwise kiiown as Stockbridge Bowl, in the town of Stockbridge, 
and an area for parking contiguous thereto, in accordance with plans to 
be approved by the department of pubhc works and showing the location 
and dimensions of such right of way and parking area. If it is necessary 



Acts, 1958. — Chap. 421. 237 

to acquire land for the purpose of laying out said right of way or parking 
area, said county commissioners shall at the time such right of way or 
parking area is laid out take such land by eminent domain under chapter 
seventy-nine of the General Laws. Any person sustaining damages in 
his property by the layhig out of such right of way or parking area, or 
by specific repairs or improvements thereon, shall be entitled to recover 
the same under said chapter seventy-nhie ; provided, that the right to 
recover damages, if any, by reason of the laying out of such right of 
way or parking area shall vest upon the recording of the order of taking 
by said county commissioners and that no entry or possession for the 
purpose of constructing a public way on land so taken shall be required 
for the purpose of validating such taking or for the payment of damages 
by reason thereof. 

Section 2. The town of Stockbridge from time to time may make 
specific repairs on or improve such right of way or parking area to such 
extent as it may deem necessary, but neither the county of Berkshire 
nor any city or town therein shall be required to keep said right of way 
or parking area in repair, nor shall it be liable for injury sustained by 
persons traveling thereon, provided, that sufficient notice to M^arn the 
public is posted where such way enters upon or unites with an existing 
public way. 

Section 3. All expenses incurred by said county commissioners in 
connection with such right of way or parking area shall be borne by the 
county of Berkshire or by any cities or towns therein, and in such pro- 
portions as said county commissioners may determine. 

Section 4. Said right of way or parking area shall not be discontinued 
or abandoned without authority therefor from the general court. 

Section 5. Nothing in this act shall be construed to hmit the powers 
of the department of pubhc health, or any local board of health, under 
any general or special law. Approved June 24, 1958. 

Chap, 421, An Act establishing a traffic commission in the 

CITY OF MEDFORD. 

Be it enacted, etc., as follows: 

Section 1. There is hereby established in the city of Medford, 
hereinafter referred to as the city, a traffic commission to consist of the 
chief of police or his representative, the public works director, the 
planning director and two persons to be appointed by the city manager. 

Section 2. The chief of poUce shall act as the chairman of said 
commission and shall be known as the traffic commissioner. The 
members of the commission shall receive no compensation for their 
services as commissioners, but all expenses incurred for the purpose of 
this act shall be paid by the city, but shall not exceed such amounts as 
may be recommended by the city manager and appropriated by the city 
council. All statutes and ordinances applicable generalh'- to the de- 
partments of the city shall apply to the traffic commission. 

Section 3. The traffic commission shall have exclusive authority, 
except as otherwise herein provided, to adopt, amend, alter and repeal 
rules and regulations, not inconsistent with general law as modified by 
this act, relative to vehicular street traffic in the city, and to the move- 
ment, stopping or standing of vehicles on, and their exclusion from all 
or any streets, ways, highways, roads and parkways under the control 



238 Acts, 1958. — Chap. 421. 

of the city, including rules and regulations designating any way or part 
thereof under said control as a through way under and subject to the 
provisions of section nine of chapter eighty-nine of the General Laws, 
and may prescribe penalties not exceeding fifty dollars for the violation 
of any rule or regulation adopted hereunder. No such rule or regulation, 
except such special rule or regulation as is declared by vote of the com- 
mission to be urgently required by considerations of public safety or 
convenience or such as is of a temporary nature and is to be effective 
for a period of not more than two weeks, shall take effect until published 
for two successive weeks in one or more newspapers published in the 
city. Notice of any rule or regulation proposed to be adopted shall be 
forwarded to the city manager and the planning board at least fourteen 
days previous to date of adoption. Upon petition of twenty-five regis- 
tered voters of the city relative to any rule or regulation adopted or 
proposed to be adopted under this section, the traffic commission shall 
hold a public hearing thereon within ten days after the filing with the 
commission of such petition, and final action thereon shall be determined 
only by vote of a majority of the entire membership of said commis- 
sion. The commission shall have power to erect, make and maintain, 
or cause to be erected, made and maintained, traffic signs, signals, mark- 
ings and other devices for the control of such traffic in the city and for 
informing and warning the public as to rules and regulations adopted 
hereunder, subject, however, to section two of chapter eighty-five, and 
to sections eight and nine of said chapter eighty-nme, of the General 
Laws. Nothhig in this act shall be construed to authorize the traffic 
commission to adopt any rule or regulation excluding trackless trolley 
vehicles or buses of a street railway or bus company from any way or 
part thereof in which it has a location, or to modify or hmit any power 
or authority of the metropolitan district commission, of the state depart- 
ment of pubhc works or of the state department of pubhc utihties, or 
any power now vested in the mayor, city council, or heads of depart- 
ments with reference to the issuance of licenses or permits for the open- 
ing, using or occupying of streets and sidewalks. 

Section 4. All existing ordinances and regulations relating to the 
control of vehicular traffic shall remain in full force and effect until 
superseded by rules and regulations adopted by the traffic commission 
under this act, and the adoption thereof shall not affect any act done, 
any right accrued, any penalty incurred, or any suit, prosecution or 
proceeding pending, at the time of said adoption. 

Section 5. This act shall take full effect upon its acceptance during 
the current year, by vote of the city council of said city, subject to the 
provisions of its charter, and shall remain in effect until its acceptance 
is revoked as provided in section six. 

Section 6. At any time after the expiration of one year from the 
date of acceptance of this act, such acceptance may be revoked by a 
two-thirds vote of the city council of said city. Upon such revocation 
all existing rules and regulations of the traffic commission shall remain 
in full force and effect until superseded by ordinances and regulations 
adopted in accordance with the provisions of law then apphcable to 
said city, and neither such revocation nor such adoption of superseding 
ordinances or regulations shall affect any act done, any right accrued, 
any penalty incurred, or any suit, prosecution or proceeding pending, 
prior to said revocation or said adoption. Approved June 24, 1958. 



Acts, 1958. — Chaps. 422, 423. 239 

Chap. 422. An Act relative to the payment of witness fees to 

CERTAIN police OFFICERS IN CRIMINAL CASES. 

Be it enacted, etc., as follows: 

Chapter 262 of the General Laws is hereby amended by striking out 
section 53, as most recently amended by section 6 of chapter 48 of the 
acts of 1958, and inserting in place thereof the following section: — 
Section 53. Any police officer, or employee of the registry of motor 
vehicles having police powers, on duty at night, on vacation, furlough 
or on a day off, who attends as a witness in a criminal case pending in a 
district court, including the municipal court of the city of Boston, or in 
a juvenile court, including Boston juvenile court, shall be allowed a 
witness fee in the amomit of three dollars for each day's attendance, 
including his first attendance as arresting officer in the case. Any police 
officer, or employee of the registry of motor vehicles having pohce powers, 
on duty at night, vacation, furlough or on a day off, who attends as a 
witness in a criminal case pending in a district court, including the 
municipal court of the city of Boston, or in a juvenile court, including 
Boston juvenile court, and who by reason of a continuance or postpone- 
ment thereof, is required to again attend, shall be paid the amount of 
three dollars for each day of such further attendance. Any police officer, 
or employee of the registry of motor vehicles having police powers, on 
duty at night, vacation, furlough or on a day off, who attends the 
superior court as a witness for the commonwealth shall be paid a witness 
fee in the amount of three dollars for each day's attendance. A pohce 
officer who is a witness for the commonwealth, and who under the direc- 
tion of the district attorney aids in securing the attendance of other 
witnesses, may receive, instead of his expenses, witness fees in the amount 
of three dollars for one day's attendance. Police officers shall serve 
subpoenas upon witnesses when requested by the district attorney, and 
their returns of service shall have the same force and effect as the return 
of a deputy sheriff or constable. Approved June 24, 1958. 



Chap. 423. An Act appropriating funds to provide suitable 
space for a furniture industry at the massachu- 
setts correctional institution, concord, including 
the cost and installation of necessary woodwork- 
ing equipment. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to provide funds immediately for the emergency pro- 
vision of suitable space for a furniture industry at the Massachusetts 
Correctional Institution, Concord, includhig the cost and installation 
of necessary woodworking equipment, 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. Item 8256-99 of section two of chapter seven hundred 
and thirty-eight of the acts of nineteen hundred and fifty-five is hereby 
amended by striking out the wording and inserting in place thereof the 
following: — For certain improvements to the wall towers and repairs 
to the prison walls, including the cost of equipment, and to provide 



240 Acts, 1958. — Chap. 424. 

suitable space for a furniture industry, including the cost and installa- 
tion of necessary woodworking equipment. 

Section 2. To provide funds for the expenditures at the Massachu- 
setts Correctional Institution, Concord, authorized under item 8256-99 
of section two of chapter seven hundred and thirty-eight of the acts of 
nineteen hundred and fifty-five, as amended by section one of this act, 
transfers are hereby authorized as designated in the following items: — 

8356-39 ] The unexpended balances remaining in items 8356-39 
8256-98 [ and 8256-98 of section two of chapter seven hundred and 
8256-99 J thirty-eight of the acts of nineteen hundred and fifty- 
five, on the effective date of this act, are hereby trans- 
ferred and made available for the purposes of item 
8256-99 of said section two of chapter seven hundred 
and thirty-eight as amended by section one of this act. 

Approved June 27, 1958. 



Chap. 424. An Act providing for the reimbursement of a pro 

RATA share of GROUP INSURANCE DIVIDENDS APPLICABLE 
TO FEDERAL AND OTHER FUNDS. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to prevent immediately the possible withholding of 
federal funds, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the pubUc convenience. 

Be it enacted, etc., as follows: 

Section 1 . Chapter 32A of the General Laws is hereby amended by 
striking out section 9, as appearing in section 1 of chapter 628 of the 
acts of 1955, and insertmg in place thereof the following section: — 
Section 9. Any dividend or other refunds or rate credits shall inure to 
the benefit of the commonwealth, except as herein provided, and shall 
be deposited by the commission with the treasurer and receiver-general 
of the commonwealth, and shall be apphed to the over-all cost of such 
insurance to the commonwealth. Using as a basis of computation the 
commonwealth's share of the premium cost, the commission shall de- 
termine the pro rata share of such dividend or other refunds or rate 
credits which is applicable to federal or other funds contributed in place 
of the commonwealth's share of the premium cost. The commission 
shall also determine in the same manner the pro rata share of the ad- 
ministrative cost to the commonwealth which is applicable to federal or 
other funds contributed in place of the commonwealth's share of the 
premium cost. Upon authorization by the commission, the treasurer 
and receiver-general shall make reimbursement to such funds of the 
portion calculated on the above formula as is determined apphcable 
thereto. Whenever such pro rata administrative cost exceeds such pro 
rata dividend or other refunds or rate credits, the commission shall 
charge those departments and divisions which have federal or other 
funds allocated to them for this purpose with said excess. 

Section 2. This act shall take effect as of the effective date of chapter 
six hundred and twenty-eight of the acts of nineteen hundred and 
fifty-five. Approved June 27, 1958. 



Acts, 1958. — Chap. 425. 241 

Chap. 425. An Act authorizing the governor to deal with the 
threat of danger by drought. 

Whereas, TJie deferred operation of this act would tend to defeat its 
purpose, which is to provide forthwith for certain additional authority 
to deal with threatened disaster, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of the pubhc 
safety and convenience. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section 5 of chapter 639 of the acts 
of 1950 is hereby amended by inserting after the word "causes", in 
line 17, the words: — , or whenever because of absence of rainfall or 
other cause a condition exists in all or any part of the commonwealth 
whereby it may reasonably be anticipated that the health, safety or 
property of the citizens thereof will be endangered because of fire or 
shortage of water or food, — so as to read as follows: — Because of the 
existing possibihty of the occurrence of disasters of unprecedented size 
and destructiveness resulting from enemy attack, sabotage or other 
hostile action, in order to insure that the preparations of the common- 
wealth will be adequate to deal with such disasters, and generally to 
provide for the common defense and to protect the public peace, health, 
security and safety, and to preserve the hves and property of the people 
of the commonwealth — if and when the congress of the United States 
shall declare war, or if and when the President of the United States 
shall by proclamation or otherwise inform the governor that the peace 
and security of the commonwealth are endangered by belligerent acts 
of any enemy of the United States or of the commonwealth or by the 
imminent threat thereof, or upon the occurrence of any disaster or 
catastrophe resulting from attack, sabotage or other hostile action or 
by fire, flood, earthquake or other natural causes, or whenever because 
of absence of rainfall or other cause a condition exists in all or any part 
of the commonwealth whereby it may reasonably be anticipated that 
the health, safety or property of the citizens thereof will be endangered 
because of fire or shortage of water or food, the governor may issue a 
proclamation or proclamations setting forth a state of emergency. 

Section 2. Section 72 of chapter 6 of the General Laws, inserted by 
section 2 of chapter 511 of the acts of 1951, is hereby amended by striking 
out the fourth sentence and inserting in place thereof the following 
sentence : — Such a certificate of authority shall be granted only after a 
public hearing by the board, notice of which shall have been given by 
newspaper publication not less than forty-eight hours in advance, and 
on at least two different days in the area in or over which such artificial 
measures are planned to be used; provided, however, the board shall 
issue such certificate of authority without such hearing, notice or publi- 
cation to the state director of civil defense upon receipt of a written 
request therefor from said director. Approved June 28, 1958. 



242 Acts, 1958. — Chaps. 426, 427, 428. 

Chap. 426. An Act authorizing the city of peabody to borrow 
money for remodeling, reconstructing, enlarging, 
making extraordinary repairs to, re-equipping and 
refurnishing the josiah b. thomas hospital. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of remodeling, reconstructing, enlarg- 
ing, making extraordinary repairs to, re-equipping and refurnishing the 
Josiah B. Thomas Hospital, the city of Peabody may borrow, mthin a 
period of two years from the passage of this act, such sums as may be 
necessary, not exceeding, in the aggregate, six hundred and fifty thou- 
sand dollars, and may issue bonds or notes therefor, which shall bear on 
their face the words Peabody Hospital Remodeling Loan, Act of 1958. 
Each authorized issue shall constitute a separate loan and such loans 
shall be paid in not more than twenty years from their dates. Indebted- 
ness incurred under this act shall be in excess of the statutory limit, but 
shall, except as herein provided, be subject to chapter forty-four of the 
General Laws, exclusive of the Hmitations contained in the first para- 
graph of section seven thereof. 

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

Approved June 28, 1958. 



Chap. 427. An Act authorizing the commissioners of public 
works of the town of weymouth to use certain 
park land for water supply purposes. 

Be it enacted, etc., as follows: 

Section L The commissioners of public works of the town of Wey- 
mouth are hereby authorized to use certain park land in said town for 
water supply purposes, said land being bounded and described as 
follows: — A certain portion of Lot 21, Sheet 5, Great Hill Park, 
bounded on the north by a roadway, on the east by Bradley road, on 
the south bj'' a stonewall, and on the west by a stonewall, containing 
approximately forty-sLx thousand square feet. 

Section 2. Any action taken by the town of Weymouth at its 
annual town meeting in the current year pursuant to the authorization 
contained in section one 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 annual meeting. 

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

Approved June 28, 1958. 



Chap. 428. An Act authorizing the retirement board of the 
city of malden to increase the pension payable to 
fred j. whelan. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any general or special 
law to the contrary, the retirement board of the city of Maiden is hereby 
authorized to increase the present retirement allowance being paid to 
Fred J. Whelan to forty-three hundred and sixty-one dollars and fifty- 



Acts, 1958. — Chaps. 429. 430, 431. 243 

two cents yearly, payable in monthly installments of three hundred 
and sixty-three dollars and forty-six cents. 

Section 2. This act shall take effect upon its acceptance by the city 
council of the city of Maiden subject to the provisions of its charter, 
but not otherwise. Approved June 28, 1958. 



Chap. 429. An Act excluding certain home owners as "em- 
ployers" UNDER THE WORKMEN'S COMPENSATION LAW. 

Be it enacted, etc., as follows: 

Paragraph (5) of section 1 of chapter 152 of the General Laws, as 
most recently amended by chapter 265 of the acts of 1954, is hereby 
further amended by inserting after the word "chapter", in line 7, the 
words: — ; provided, however, that the owner of a dwelling house 
having not more than thi'ee apartments and who resides therein, or the 
occupant of a dwelling house of another who employs persons to do 
maintenance, construction or repair work on such dwelling house or on 
the grounds or buildings appurtenant thereto shall not because of such 
employment be deemed to be an employer. Approved June 28, 1958. 



Chap. 430. An Act authorizing the department of public 
works to perform dredging and certain other 
work to improve the little river in the city of 
newburyport and the town of newbury. 

Be it enacted, etc., as follows: 

Section 1. The department of public works, acting through its 
division of waterways, is hereby authorized and directed to perform 
dredging and certain other work to improve the Little river and its 
several tributaries in the city of Newburyport and the town of Newbury, 
subject to the provisions of chapter ninety-one of the General Laws. 

Section 2. For such purposes the said division may expend such 
sums as may be appropriated therefor. 

Section 3. Notwithstanding any provision of the law to the con- 
trary, the city of Newburyport is hereby authorized to raise and appro- 
priate municipal funds for dredging and certain other work to improve 
the Little river in the town of Newbury. Approved June 28, 1958. 



Chap, 431. An Act authorizing the trustees of emmanuel 

college to hold additional real AND PERSONAL 

ESTATE. 

Be it enacted, etc., as follows: 

Section 3 of chapter 281 of the acts of 1921 is hereby amended by 
adding after the word "commonwealth", in Hne 6, the words: — to an 
amount not exceeding seven miUion five hundred thousand dollars, — so 
that the first sentence will read as follows: — The said corporation may 
sue and be sued in all actions by the name of The Trustees of Emmanuel 
College and may take and hold in fee simple or any less estate by gift, 



244 Acts, 1958. — Chap. 432. 

grant, devise, bequest, purchase or otherwise any real or personal 
estate or interest therein within or without this commonwealth to an 
amount not exceeding seven milhon five hundred thousand dollars. 

Approved June 28, 1958. 



Chap. 432. An Act making the Bristol county mosquito conteol 

PROJECT applicable TO ALL CITIES AND TOWNS IN SAID 
county, and relating to the assessments TO BE LEVIED 
UPON THEM. 

Be it enacted, etc., as follows: 

Section 1. Chapter 506 of the acts of 1956 is hereby amended by 
striking out section 1 and inserting in place thereof the following sec- 
tion: — Section 1. The area included in the cities and towns comprising 
the county of Bristol is hereby constituted a mosquito control project 
under section five A of chapter two hundred and fifty-two of the General 
Laws, to the same extent as if so constituted bj'' the state reclamation 
board acting under said section five A, and the improvements herein 
authorized shall be undertaken under the identifying name of the 
Bristol County Mosquito Control Project. 

Beginning with the fiscal year commencing on July first, nineteen 
hundred and fifty-eight, to meet the expenses incurred under this act 
there shall annually be expended from the state treasury, subject to 
appropriation, sums equal, in the aggregate, to fifteen cents on each one 
thousand dollars of the taxable valuations of the cities and towns of 
said county, and the state treasurer shall issue his warrant requiring the 
assessors of said cities and towns to assess a tax to the amount of the 
sums so expended, one half of which shall be in proportion to their said 
valuations and one half of which shall be in proportion to their respec- 
tive areas, and such amounts shall be collected and paid to the state 
treasurer as provided by section twenty of chapter fifty-nine of the 
General Laws; provided, that any such city or 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 assessment. There may also 
be expended for the purposes of this act voluntary contributions for 
such purposes deposited in the state treasury. 

Section 2. Any city or town which becomes a part of the mosquito 
control project established under section one of chapter five hundred and 
six of the acts of nineteen hundred and fifty-six, as amended by section 
one of this act, may withdraw from membership in said project after 
the expiration of one year; provided, that in a city having a Plan D or 
Plan E charter the city council so votes prior to the expiration of one 
year from the effective date of this act, and that in other cities the citv 
council so votes with the approval of the mayor within such time; and 
provided, further, that in a town 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 city or town shall continue 
as a member of said project. 

Section 3. Any city having a Plan D or Plan E charter by vote of 
its city council, and any other city by vote of its city council with the 
approval of its mayor, and any town by majority vote of the voters at 



Acts, 1958. — Chaps. 433, 434. 245 

an annual town meeting, may, after this act has been in efifect therein 
for a period of three years, withdraw from membership in the mosquito 
control project established under section one of chapter five hundred and 
six of the acts of nineteen hundred and fifty-six, as amended by section 
one of this act, and thereupon the provisions of this act shall no longer 
apply to such city or town. 

Section 4. This act shall take effect on July first, nineteen hundred 
and fifty-eight. Approved June 28, 1958. 



Chap. 433. An Act authorizing the city of lynn to reimburse 
tasi kureta for certain expenses incurred by him 
on account of injuries sustained by his minor daugh- 
ter at classical high school gymnasium. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of discharging a moral obligation, the 
city of Lynn, by its school committee, may include in and pay out of 
school funds to Tasi Kureta, a sum not to exceed one thousand dollars to 
reimburse him for expenses for medical care and hospital expenses in- 
curred by him on account of injuries sustained on October twenty-fifth, 
nineteen hundred and fifty-seven, by his minor daughter, Helen Kureta, 
in the gymnasium of Classical High School. 

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

Approved June 28, 1958. 



Chap, 434. An Act making appropriations for the fiscal year 

nineteen HUNDRED AND FIFTY-NINE, FOR THE MAIN- 
TENANCE OF DEPARTMENTS, BOARDS, COMMISSIONS, INSTI- 
TUTIONS AND CERTAIN ACTIVITIES OF THE COMMONWEALTH, 
FOR INTEREST, SINKING FUND AND SERIAL BOND REQUIRE- 
MENTS, AND FOR CERTAIN PERMANENT IMPROVEMENTS. 

Be it enacted, etc., as follows: 

Section 1. To provide for the maintenance of the several depart- 
ments, boards, commissions and institutions, of sundry other services, 
and for certain permanent improvements, and to meet certain require- 
ments of law, the sums set forth in section two, for the several purposes 
and subject to the conditions specified in said section two, are hereby 
appropriated from the funds designated in said section, subject to the 
provisions of law regulating the disbursement of public funds and the 
approval thereof, for the fiscal year ending June thirtieth, nineteen 
hundred and fifty-nine, in this act referred to as the year nineteen hun- 
dred and fifty-nine, or for such period as may be specified. 



246 



Acts, 1958. — Chap. 434. 



Section 2. 

STATE PURPOSES APPROPRIATIONS. 

APPROPRIATIONS MADE FROM THE GENERAL FUND. 

Service of the Legislature. 

Senate. 



Item 
0101-01 

0101-02 
0101-03 
0101-04 

0101-05 
0101-06 

0101-07 



0101-30 

0101-51 

0101-53 
0101-54 
0101-56 

0101-60 



0102-01 

0102-02 
0102-03 

0102-04 

0102-05 
0102-06 



0102-07 
0102-08 

0102-30 
0102-51 
0102-52 



0102-53 
0102-54 
0102-56 



For the compensation of senators, prior appropriation con- 
tinued $221,000 00 

For the salary of the clerk of the senate . . 12,000 00 

For the salary of the assistant clerk of the senate . 9,500 00 

For clerical assistance to the clerk of the senate, including not more than 

two permanent positions ...... 12,480 00 

For the salary of the chaplain of the senate 3,960 00 
For personal services of the counsel to the senate and assistants, includ- 
ing not more than four permanent positions 44,640 00 
For clerical and other assistance including e.xpenses of the senate com- 
mittee on rules, including not more than seven permanent positions; 
provided, that notwithstanding any provision of law to the contrarj-, 
the present clerk of the senate committee on rules may continue to 
serve in said office subject to the will of the senate . 43,630 00 
For expenses of senators, including travel, prior appropriation con- 
tinued 41,000 00 

For stationery for the senate, purchased by and with the approval of the 

clerk 600 00 

For expenses of the counsel to the senate . . 1,500 00 
For expenses of the senate clerk's office . . 200 00 
For the expenses of the senate committee on waj's and means, including 
not more than three permanent positions, prior appropriation con- 
tinued 18,000 00 

For traveling and such other expenses of the committees of the senate 
as may be authorized by order of the senate . . 1,000 00 



Total $409,510 00 



House of Representatives. 



For the compensation of representatives, prior appropriation con- 
tmued $1,263,600 00 

For the salary of the clerk of the house of representatives 12,000 00 

For the salary of the assistant clerk of the house of repre- 
sentatives 9,500 00 

For clerical assistance to the clerk of the house of representatives, in- 
cluding not more than four permanent positions . . 22,640 00 

For the salary of the chaplain of the house of representatives 3,960 00 

For personal services of the counsel to the house of representatives 
and assistants, including not more than seven permanent posi- 
tions . 85,000 00 

For clerical and other assistance to the house committee on rules, in- 
cluding not more than twelve permanent positions . 64,460 00 

For clerical and other assistance to the house committee on ways and 
means, including not more than seven permanent positions, prior 
appropriation continued ...... 42,600 00 

For expenses of representatives, including travel, prior appropriation 
continued 248,000 00 

For stationer}' for the house of representatives, purchased bv and with 
the approval of the clerk ' 1,300 00 

For expenses of the committee on rules on the part of the house of repre- 
sentatives for the year nineteen hundred and fifty-nine and the previous 
year 6,000 00 

For expenses of the counsel to the house of representatives 1,500 00 

For expenses of the clerk's office, house of representatives 500 00 

For expenses of the house committee on ways and means, prior appro- 
priation continued ...... 15,000 00 



Acts, 1958. — Chap. 434. 



247 



Item 
0102-60 



0103-01 
0103-02 

0103-03 
0103-04 

0103-05 

0103-06 
0103-51 

0103-52 



0104-01 
0104-02 



0105-01 



For traveling and such other expenses of the committees of the house of 
representatives as may be authorized by order of the house 
of representatives $1,000 00 



Total $1,776,960 00 



Set-geant-at-Anns. 



For the salary of the sergeant-at-arms .... $8,780 00 

For clerical and other assistance employed by the sergeant-at-arms, in- 
cluding not more than six permanent positions . . 33,540 00 

For the salaries of the doorkeepers of the senate and house of representa- 
tives, with the approval of the sergeant-at-arms, including not more 
than two permanent positions .... 14,640 00 

For the salaries of assistant doorkeepers of the senate and house of repre- 
sentatives and of general court officers, with the approval of the ser- 
geant-at-arms, including not more than thirty-six permanent posi- 
tions 193,575 00 

For compensation of the pages of the senate and house of representatives, 
with the approval of the sergeant-at-arms, including not more than 
twenty-four permanent positions . . . . 67,320 00 

For the salaries of clerks employed in the legislative document room, 
including not more than three permanent positions 27,240 00 

For contingent expenses of the senate and house of representatives and 
necessary expenses in and about the state house, with the approval of 
the sergeant-at-arms, prior appropriation continued 21,200 00 

For the payment of witness fees to persons summoned to appear before 
committees of the general court, and for expenses incidental to sum- 
moning them, with the approval of the sergeant-at-arms 300 00 

Total $366,596 00 

Legislative Research Council, 

For expenses of the legislative research council, prior appropria- 
tion continued $3,000 00 

For personal services and other expenses of the legislative re- 
search bureau 80,000 00 



Total $83,000 00 



Recodification Counsel. 

For the expenses of the counsel for recodification of the General Laws, 
including not more than two permanent positions; provided, that the 
president of the senate and the speaker of the house shall each designate 
an appointee as counsel, prior appropriation continued $26,000 00 



Other Expenses. 

0110-02 For printing, binding and paper ordered by the senate and house of 
representatives, or by concurrent order of the two branches, with the 
approval of the clerks of the respective branches, prior appropriation 
continued $200,000 00 

0110-03 For printing the manual of the general court, with the approval of the 
clerks of the two branches 17,000 00 

0110-04 For expenses in connection with the publication of the bulletin of com- 
mittee hearings and of the daily list, with the approval of the joint 
committee on rules, including not more than two permanent posi- 
tions 50,000 00 

0110-05 For telephone service 25,000 00 

0110-06 For biographical sketches of certain state and federal offi- 
cials 6,000 00 

0110-10 For the purchase and distribution of an index of laws passed in the current 
session 950 00 



248 



Acts, 1958, — Chap. 434. 



Item 
0110-12 



0110-30 



For the emergency services of a phj'sician, for medical supplies in the 
state house and for expenses inckiding the purchase of equipment in 
connection therewith, subject to the approval of the joint committee 
on rules; provided, that section twenty-one of chapter thirty of the 
General Laws shall not apply to the pavments m.ade under this 
item . . ' . . "^ . . $5,200 GO 

For traveling and such other expenses of joint committees of the general 
court as may be authorized by joint order of the general 
court 2,000 00 



Total $306,150 00 



Total, Legislative $2,957,215 00 



0301-01 

0301-02 
0301-03 
0301-04 
0301-05 
0301-06 
0301-07 
0301-08 

0301-10 
0301-12 
0302-01 
0302-02 



0305-01 

0305-02 

0305-03 
0305-04 

0305-11 
0305-12 
0305-14 

0305-15 



Service of the Judiciary. 

Supreme Judicial Court. 

For the salaries of the chief justice and of the six associate 

justices $155,000 00 

For traveling allowances and expenses .... 2,700 00 

For the salary of the clerk for the commonwealth . . 14,300 00 

For clerical assistance to the clerk .... 4,204 00 

For law clerks and clerical assistance for the justices . 65,902 00 

For office supplies, services and equipment . . . 7,000 00 

For the salaries of the officers and messengers . . 6,886 00 

For the commonwealth's part of the salary of the clerk for the county 

of Suffolk 1,500 00 

For facilities provided by the Social Law Library . . 3,600 00 

For the service of the executive secretary . . . 33,663 00 

For the salary of the reporter of decisions . . . 10,000 00 

For the service of the reporter of decisions, including not more than 

three permanent positions ..... 18,275 00 

Total $322,920 00 

Superior Court. 

For the salaries of the chief justice and of the thirty-one 
justices . $609,000 00 

For traveling allowances and expenses, prior appropriation con- 
tinued 32,000 00 

For the salary of the assistant clerk of Suffolk county . 1,500 00 

For expenses authorized by section twenty-eight of chapter two hundred 
and twelve of the General Laws .... 29,000 00 

This item postponed. 

This item postponed. 

For the compensation of probation officers, including not more than forty 
permanent positions ...... 286,220 00 

For personal services and expenses of the office of the supervisor of 
probation 7,335 00 



Judicial Council. 
0308-01 For the service of the judicial council . 



Total $965,055 00 



$8,000 00 



Administrative Committee of District Courts. 

0310-01 For the service of the administrative committee of district 
courts $14,000 00 



Acts, 1958. — Chap. 434. 



249 



Item 



Administrative Committee of Probate and Insolvency Courts. 



0320-01 For the compensation of judges of probate when acting for other judges of 

probate $5,000 00 

0320-02 For expenses of judges of probate when acting for other judges 

of probate 1,500 00 

0320-03 For reimbursing officials for premiums paid for procuring sureties on their 

bonds, as provided by law ..... 500 00 

0320-04 For expenses of the administrative committee of probate 

courts 500 00 



Total $7,500 00 



0321-01 
0321-02 
0321-03 
0321-04 



0322-01 
0322-02 
0322-03 
0322-04 



0323-01 
0323-02 
0323-03 
0323-04 



0324-01 
0324-02 
0324-04 



0325-01 
0325-02 
0325-03 
0325-04 



0326-01 
0326-02 
0326-03 
0326-04 



0327-01 
0327-02 
0327-03 
0327-04 



0328-01 
0328-02 
0328-03 
0328-04 



0329-01 



Probate and Insolvency Courts. 

For the salaries of judges of probate, registers of probate, assistant 
registers and clerical assistance to registers of the several counties: 

Barnstable: 

Judge of probate $11,500 00 

Register 7,150 00 

Assistant register ....... 4,950 00 

Clerical .assistance to register, including not more than four permanent 
positions 12,693 00 

Berkshire: 

Judge of probate 11,500 00 

Register 7,700 00 

Assistant register ....... 5,500 00 

Clerical assistance to register, including not more than five permanent 
positions 17,470 00 

Bristol: 

Two judges of probate 26,000 00 



Register 

Two assistant registers 
Clerical assistance to register, including not 
nent positions 
Dukes: 

Judge of probate 
Register 



Clerical assistance to register, including not more than one permanent 



position 
Essex: 

Two judges of probate 

Register 

Three assistant registers 



Clerical assistance to register, including not more than sixteen perma- 



nent positions . 
Franklin : 

Judge of probate 
Register 
Assistant register 



Clerical assistance to register, including not more than two permanent 
positions 7,254 00 

Hampden : 

Two judges of probate 26,000 00 

Register 9,350 00 

Three assistant registers ..... 18,150 00 

Clerical assistance to register, including not more than thirteen perma- 
nent positions ....... 47,636 00 

Hampshire: 

Judge of probate 11,500 00 

Register 7,160 00 

Assistant register . . . _. . . . 4,950 00 

Clerical assistance to register, including not more than two permanent 

positions ........ 7,554 00 

Middlesex: 
Three judges of probate 43,500 00 



more than 



9,350 00 
12,650 00 

fourteen perma- 
49,042 00 

4,500 00 
4,950 00 



3,146 00 

26,000 00 

9,900 00 

19,800 00 



55,930 00 

11,500 00 
7,150 00 
4,950 00 



250 



Acts, 1958. — Chap. 434. 



Item 
0329-02 
0329-03 
0329-04 



0330-01 
0330-02 
0330-04 



0331-01 
0331-02 
0331-03 
0331-04 



0332-01 
0332-02 
0332-03 
0332-04 



0333-01 
0333-02 
0333-03 
0333-04 



0334-01 
0334-02 
0334-03 
0334-04 



0340-01 
0340-02 



0345-01 



Register $11,550 00 

Five assistant registers ...... 34,660 00 

Clerical assistance to register, including not more than forty-three per- 
manent positions ....... 153,746 00 

Nantucket: 

Judge of probate 4,500 00 

Register . . . . . . 4,950 00 

Clerical assistance to register, including not more than one permanent 

position 3,146 00 

Norfolk : 

Two judges of probate 29,000 00 

Register 9,900 00 

Three assistant registers ..... 19,800 00 
Clerical assistance to register, including not more than fifteen perma- 
nent positions ....... 52,768 00 

Plymouth: 

Judge of probate 11,500 00 

Register 7,700 00 

Assistant register ....... 6,500 00 

Clerical assistance to register, including not more than eight permanent 

positions » . 26,245 00 

Su£folk: 

Three judges of probate ...... 45,750 00 

Register 11,560 00 

Five assistant registers ...... 34,660 00 

Clerical assistance to register, including not more than forty-nine per- 
manent positions ....... 173,070 00 

Worcester: 

Two judges of probate 26,000 00 

Register 9,900 00 

Four assistant registers ...... 26,300 00 

Clerical assistance to register, including not more than fifteen perma- 
nent positions 52,906 00 



Total $1,260,456 00 



Land Court. 



For the salaries of the judge, associate judges and the recorder, including 
not more than four permanent positions . . . $71,250 00 

For the service of the land court, including not more than forty-three 
permanent positions ...... 262,945 00 



Total $334,195 00 



Pensions for Certain Retired Justices. 
For pensions of retired judges, as authorized by law 



$108,000 00 



District Attorneys. 

0350-01 For the salaries of the district attorney and assistants for the 
Suffolk district, including not more than twenty-six permanent posi- 
tions . . $173,801 00 

0351-01 For the salaries of the district attorney and assistants for the 
northern district, including not more than twelve permanent posi- 
tions 82,500 00 

0352-01 For the salaries of the district attorney and assistants for the eastern dis- 
trict, including not more than five permanent positions 27,300 00 

0354-01 For the salaries of the district attorney and assistants for the southern 
district, including not more than four permanent positions 25,900 00 

0355-01 For the salaries of the district attorney and assistants for the middle dis- 
trict, including not more than five permanent positions 26,200 00 

0356-01 For the salaries of the district attorney and assistants for the western dis- 
trict, including not more than four permanent positions 20,400 00 



Acts, 1958. — Chap. 434. 



251 



Item 
0357-01 

0358-01 
0359-01 

0365-01 



0370-01 
0370-02 



0380-01 



For the salaries of the district attorney and assistant for the north- 
western district, including not more than two permanent posi- 
tions $10,100 00 

For the salaries of the district attorney and assistants for the Norfolk dis- 
trict, including not more than four permanent positions 19,800 00 

For the salaries of the district attorney and assistants for the Plym- 
outh district, including not more than four permanent posi- 
tions ......... 19,300 00 

For traveling expenses necessarily incurred by th'e district attorneys, 
except in the Suffolk district, including expenses incurred in previous 
years 8,000 00 



Total $413,301 00 



Board of Probation. 



For the office of the commissioner of probation, including not more than 
fifty permanent positions ...... $236,245 00 

For compensation and expenses of the members of the committee on 
probation, as authorized by section ninety-nine A of chapter two 
hundred and seventy-six of the General Laws . . 1,700 00 

Total $237,945 00 

Board of Bar Examiners. 

For the service of the board, including not more than six pennanent 
positions $37,420 00 



Total, Judiciary $3,708,792 00 



0401-01 
0401-02 

0401-03 

0401-04 



0402-01 
0402-02 



0403-01 
0403-02 
0403-03 

0403-05 



040.5-01 



Service of the Executive Department. 

Governor. 

For the salary of the governor . . . . . $20,000 00 

For the salaries of officers and employees in the governor's office 

140,000 00 

For postage, printing, office and other contingent expenses, including 

travel, of the governor ...... 40,000 00 

For maintenance expenses of the governor's automobile . 1,300 00 



Total $201,300 00 



LieAitenant-Governor . 



For the salary of the lieutenant-governor 

For personal services for the lieutenant-governor's office 



$11,000 00 
18,400 00 



Total $29,400 00 



Governor's Council. 



For the salaries of the eight councilors .... $24,000 00 

For personal services for the council .... 32,390 00 

For postage, printing, stationery, traveling and contingent expenses of 

the governor and council . ..... 14,000 00 

For travel and expenses of the lieutenant-governor and council from and 

to their homes 4,000 00 



Total $74,390 00 



Extraordinary Expenses. 



For the cost, not to exceed fifteen thousand dollars, of entertainment of 
distinguished visitors to the commonwealth, provided that no expen- 
diture shall be allowed for a party exceeding fift\ visitors; for the pay- 



252 



Acts, 1958. — Chap. 434. 



Item 

ment of extraordinary expenses not otherwise provided for; and for 
transfers to appropriation accounts where the amounts otherwise avail- 
able are insufficient, provided that requests for such transfers shall be 
referred to the commission on administration and finance which, after 
investigation, shall submit for the approval of the governor and council 
its written recommendation as to the amoimt of funds required, with 
facts pertinent thereto $100,000 00 

Civil Defense Agency. 

0406-01 For the service of the civil defense agency, as authorized by chapter six 
hundred and thirty-nine of the acts of nineteen hundred and fifty, as 
amended, and chapter five hundred and twenty-two of the acts of 
nineteen hundred and fifty-one, prior appropriation con- 
tinued $551,740 00 

0406-07 \ From the unexpended balance remaining in item 0406-07 of section two A 
0406-05 / of chapter three hundred and forty-two of the acts of the current year, 
the sum of fifty thousand dollars is hereby transferred and made avail- 
able for the purposes of the following item : 
0406-05 For training and training supplies; provided, that expenditures 
from this item shall be contingent upon the prior approval of 
the proper federal authorities for reimbursement of fifty 
per cent of the amounts expended for the purposes of this 
item. 
0406-10 This item included in item 0406-01 



Total $551,740 00 



Total, Executive Department $956,830 00 



Service of the Military Division. 

Adjutant General. 

0420-01 For the salary of the adjutant general .... $12,917 00 

0420-02 For the office of the adjutant general, including not more than thirty-eight 

permanent positions . ...... 184,104 00 

Militia: 

0421-01 For allowances to companies and other administrative units, to be ex- 
pended under the direction of the adjutant general . 200,000 00 

0421-02 For officers' uniform allowances, as authorized by paragraph (c) of section 
one hundred and twenty of chapter thirty-three of the General 
Laws 76,000 00 

0421-05 For certain camps of instruction ..... 66,174 00 

0421-07 For transportation of officers and noncommissioned officers to and from 
military meetings and regimental and battalion drills . 3,000 00 

0421-13 For compensation for special and miscellaneous duty, including not more 
than seven permanent positions, and for expenses of operation of the 
twentj^-sixth division . . . _ . _ . 41,238 00 

0421-14 For compensation for accidents and injuries sustained in the performance 
of military duty 3,000 00 

0421-1 5 To cover certain small claims for damages to private property arising from 
military maneuvers ....... 2,000 00 

0421-17 For the military reservation, located in Barnstable county, including 
compensation of the commissioner .... 1,045 00 

0421-21 For the service of the air national guard, including not more than one 
permanent position ....... 9,951 00 

0421-60 For the operation of the war records project, so-called, including not 
more than eight permanent positions . . . 27,589 00 

0421-61 For expenses of the United Spanish War veterans, as authorized by sec- 
tion sixteen of chapter thirty-three of the General Laws 1,500 00 

Total $628,518 00 



Acts, 1958. — Chap. 434. 



253 



Item 
0423-01 
0423-02 

0423-24 



0424-01 
0424-02 
0424-05 
0424-08 



0428-01 



Slate Quartermaster. 

For the office of the state quartermaster . . . $3,660 00 

For the operation of armories of the first class, including not more than 

ninety permanent positions ..... 605,497 00 

Repairs Fall River National Guard Armory, prior appropriation continued. 

Militia: 
For reimbursement for rent and maintenance of armories not of the first 

class 27,620 00 

For the Camp Curtis Guild rifle range, including not more than seven 

permanent positions . ...... 29,821 00 

For certain storage and maintenance facilities, including not more than 

twenty-eight permanent positions .... 102,660 00 

For certain national guard aviation facilities, including not more than 

nine permanent positions ...... 35,360 00 



Total $804,598 00 

Armory Commission. 

For compensation of one member and for expenses of the armory com- 
mission ......... $200 00 

Notwithstanding the provisions of chapter thirty of the General Laws, 
certain military personnel in the military division may be paid salaries 
according to militarj' paj^ grades, so called. 



Total, Military Division $1,433,316 00 



Boards and Commissions serving under Governor and Council. 

Commission on Administration and Finance. 

0440-31 For personnel appeal boards, as authorized by sections fifty-three to fifty- 
seven, inclusive, of chapter thirty of the General Laws. " $100 00 

0440-32 For avv^ards to state employees to be granted as provided by chapter five 
hundred and four of the acts of nineteen hundred and fifty-three, prior 
appropriation continued ...... 1,000 00 

0441-01 For the office of the commissioner of administration, including not more 
than sixteen permanent positions; provided, that the comptroller shall 
transfei to the General Fund the sum of sixty-seven thousand and 
ninety dollars from the Highway Fund . . . 248,932 00 

0441-03 For telephone service in the state house, prior appropriation con- 
tinued . . . . . 150,000 00 

0441-04 For the personal expenses of the governor while living in the vicinity of 
Boston, with the approval of the commissioner of administra- 
tion 10,000 00 

0442-01 For the bureau of the comptroller includmg not more than one hundred 
and seventeen permanent positions; provided, that the comptroller 
shall transfer to the General Fund the sum of one hundred and seventy- 
five thousand three hundred and one dollars from the Highway 
Fund 684,335 00 

0443-01 For the bureau of the budget commissioner, including not more than 
fourteen permanent positions; provided, that the comptroller shall 
transfer to the General Fund the sum of twenty-seven thousand nine 
hundred and forty-two dollars from the Highway Fund 93,140 00 

0444-01 For the bureau of the purchasing agent, including not more than seventy- 
two permanent positions; provided, that the comptroller shall transfer 
to the General Fund the sum of ninety-nine thousand nine hundred 
and seventy-four dollars from the Highway Fund . 333,246 00 

0444-02 For the purchase of paper used in the execution of the contracts for state 
printing, other than legislative ..... 100,000 00 

0444-03 This item postponed. 



254 



Acts, 1958. — Chap. 434. 



Item 
0445-01 



0446-01 
0447-01 
0448-01 
0448-02 



0450-01 



0450-24 
0450-25 
0450-27 



0457-01 



For the division of personnel and standardization, including not more 
than sixty-five permanent positions; provided, that the comptroller 
shall transfer to the General Fund the sum of one hundred and fourteen 
thousand one hundred and seven dollars from the Highwav 
Fund $380,358 00 

For the division of building construction, includmg not more than forty 
permanent positions. ...... 329,343 GO 

For the division of hospital costs and finances, including not more than 
three permanent positions . ..... 42,190 00 

For administration of the state employees' group insurance, including 
not more than eleven permanent positions . . 94,584 00 

For the commonwealth's share of the state employees' group insurance; 
provided, that the employees' group insurance commission shall charge 
the division of employment security and other departments and di- 
visions which have federal funds allocated to them for this purpose for 
that portion of the cost of the program as it determines should be borne 
by such funds, and shall notify the comptroller of the amounts to be 
transferred, after similar determination, from the several state or other 
funds, and amounts received in payment of all such charges or such 
transfers shall be credited to the General Fund, prior appropriation con- 
tinued 2,325,000 00 



Total $4,692,228 00 



State Superintendent of Buildings. 



For the office of the superintendent of buildings and for the maintenance 
of the state house and Ford building, including not more than one 
hundred and sixty-nine permanent positions . . $866,694 00 

This item postponed. 

This item postponed. 

This item postponed. 



Commissioners on Uniform State Laws. 
For the expenses of the commissioners . 



Total $866,694 00 
$2,750 00 



State Library. 

0459-01 For the service of the state library, including not more than thirty-one 
permanent positions ...... $154,480 00 

Art Commission. 

0460-01 For expenses of the commission, notwithstanding the limitation of section 
nineteen of chapter six of the General Laws . $250 00 

Ballot Law Commission. 

0461-01 For compensation and expenses of the commissioners, including not more 
than three permanent positions .... $3,117 00 

Massachusetts Commission Against Discrimination. 

0462-01 For the service of the Massachusetts Commission Against Discrimination 
including not more than fourteen permanent positions $89,659 00 



State Racing Commission. 

0463-01 For the service of the commission, including not more than eleven perma- 
nent positions; provided, that fees paid to veterinarians for services in 
connection with horse racing shall not exceed twenty-five dollars per 
diem, and in connection with dog racing, shall not exceed twenty dollars 
per diem $152,749 00 



Acts, 1958. — Chap. 434. 



266 



Item 



Council for the Aging. 



0465-01 For expenses of the council for the aging 



$16,390 00 



Mount Grey lock Heservutiun (Jommission. 
0466-01 For the maintenance of the Mount Greylock war meniorinl 



$1,327 00 



Old Slate House. 

0467-01 For the contribution of the commonwealth towarci the niaint(;nance of the 
old provincial state house ..... $1,500 00 

Alcoholic Beverurjes Control Commission. 

0469-01 For the service of the commission, including not more than sixty-five 
permanent positions ...... $413,683 00 



Contributory Retirement Appeal Board. 
0471-01 For the service of the contributory retirement appeal board 



$100 00 



0470-01 



0476-02 



New England Board of Higher Education. 

For expenses of the New England Board of Higher Education, as author- 
ized by chapter five hundred and eighty-nine of the acts of nineteen 
hundred and fifty-four, and for compensation and expenses of the com- 
missioners, as provided by section four of said chapter $23,659 00 

For payments to medical or dental schools on acceptance of certain 
Massachusetts students, as authorized by the New England Board of 
Higher Education, prior appropriation continued. 



Finance Advisory Board. 
0477-01 For expenses of the board . 



$100 00 



Medical, Dental and Nursing Scholarship Board. 

0479-01 For expenses of the board, as authorized by section one hundred of chapter 
six of the General Laws, prior appropriation continued. 

0479-02 For scholarships, as authorized by section one hundred of chapter six of 
the General Laws, prior appropriation continued. 

Soldiers' Home in Massachusetts. 

0481-01 For the maintenance of the Soldiers' Home in Massachusetts, includ- 
ing not more than five hundred and seventy-two permanent posi- 
tions $2,976,005 00 

0481-21 This item postponed. 

Soldiers' Home in Holyoke. 

0482-01 For the maintenance of the Soldiers' Home in Holyoke, including not more 
than two hundred and eight permanent positions . $1,093,914 00 



State Hou-'^ing Board. 

0483-01 For the service of the board, including not more than thirteen permanent 
positions; provided, that the compensation and expenses for legal 
services payable from this item shall be limited to ten thousand dollars 
and shall be by direction and under the control of the attorney gen- 
eral $319,279 00 



256 



Acts, 1958. — Chap. 434. 



Item 

0484-01 



Veterans' Bontts Commission. 

For personal services and other expenses of the commission in connection 
with the payment of the veterans' bonus, so-called, as authorized by 
chapter four hundred and forty of the acts of nineteen hundred and 
fifty-three; provided, that requisitions for persons to be employed 
under the provisions of this item shall be issued under the provisions 
of chapter thirty for periods not to exceed six months and may from 
time to time be renewed for like periods . . . $44,790 GO 



0485-01 
0485-02 
0485-03 



0490-01 



0490-02 



0497-01 



Commissioner of Veterans' Services. 

For personal services of the commissioner and deputies, including not 
more than three permanent positions . . $26,250 00 

For the office of the commissioner, including not more than eighty-three 
permanent positions ...... 424,863 00 

For the payment of annuities to certain disabled veterans, as authorized 
by sections six A to six C, inclusive, of chapter one hundi-ed and fifteen 
of the General Laws, as amended, prior appropriation con- 
tinued 102,500 00 



Total $553,613 00 



Massachusetts Aeronautics Commission. 



For the compensation and expenses of members of the Massachusetts 
aeronautics commission, including not more than five permanent posi- 
tions $6,800 00 

For the service of the Massachusetts aeronautics commission, including 
not more than nine permanent positions . . 64,969 00 



Total $71,769 00 



Massachusetts Rehabilitation Commission. 



For the service of the commission, including not more than one permanent 
position, prior appropriation continued . . . $500,000 00 



Massachusetts Commission on Atomic Energy. 
0498-01- For the service of the commission 



$10,175 00 



Commissioner on Alcoholism. 

0499-01 For the service of the office of the commissioner on alcoholism, including 
not more than three permanent positions . . . $54,387 00 



Total, Boards and Commissions serving under Governor and Council $12,041,618 00 



Service of the Secretary of the Commonwealth. 

0501-01 For the salary of the secretary $11,000 00 

0501-02 For the office of the secretary, including not more than seventy-seven 
permanent positions ...... 379,360 00 

0502-01 For the purchase of certain supplies, equipment and repairs necessary in 
connection with the reproduction of the manuscript collection desig- 
nated "Massachusetts Archives", and for the furnishing of photo- 
static copies of corporation papers, election papers and acts and 
resolves 7,000 00 

0502-02 For the purchase and distribution of copies of certain journals of the 
house of representatives of Massachusetts Bay from seventeen hun- 
dred and fifteen to seventeen hundred and eijrhty, inclusive, as au- 
thorized by chapter four hundred and thirteen of the acts of nineteen 
hundred and twenty, as amended .... 2,250 00 



Total $399,610 00 



Acts, 1958. — Chap. 434. 



257 



Printing Laws, etc. 

Item 

0503-01 For printing and distributing the pamphlet edition and for printing 
and binding the blue book edition of the acts and resolves of the 
year nineteen hundred and fifty-nine, prior appropriation contin- 
ued $37,600 00 

0503-02 For the printing of reports of decisions of the supreme judicial court, 
prior appropriation continued ..... 25,00000 

0503-03 For printing and binding public documents, prior appropriation 
continued . . 7 9,000 00 

Total $71,000 00 
Matters Relating to Elections. 

0504-01 For preparing, printing and distributing ballots, and other miscellaneous 
expenses for primary and other elections, including not more than five 
permanent positions, prior appropriation continued . $232,905 00 

0504-04 For expenses of publication of lists of candidates and forms of questions 
before state elections ...... 22,000 00 

0504-07 For expenses of compiling and publishing information to voters, as 
required by section fifty-three of chapter fifty-four of the General 
Laws . . 123,900 00 

Total $378,805 00 
Medical Examiners. 
0505-01 For medical examiners' fees $1,500 00 



Commission on Interstate Co-operation. 
0506-01 For the service of the commission, including not more than_^two^ per- 
manent positions ...... 



Total, Department of the Secretary of the Commonwealth 



$32,393 00 



$883,308 00 



Service of the Treasurer and Receiver-General. 

0601-01 For the salary of the treasurer and receiver-general $11,000 00 

0601-02 For the office of the treasurer and receiver-general, including not more 
than fifty-eight permanent positions; provided, that the comptroller 
shall transfer to the General Fund the sum of one hundred and thirty- 
eight thousand dollars from the Highway Fund . . 419,322 00 

Total $430,322 00 
Commissioners on Firemen's Relief. 
0602-01 For expenses of administration and for relief disbursed by the commis- 



sioners on firemen's relief 



$15,250 00 



State Board of Retirement. 

0604-01 For the administrative office of the board, including not more than ^'^'enty 
permanent positions ....-• $95,580 00 

0604-03 For the payment of the commonwealth's share in financing the state 
employees' retirement system, as provided by chapter thirty-two of 
the General Laws, prior appropriation continued; provided, that the 
comptroller shall transfer to the General Fund the sum of seven hun- 
dred and ninety thousand dollars from the Highway Fund and the sum 
of twenty-five thousand dollars from the Inland Fisheries and Game 
Fund; and, provided further, that amounts of reimbursements received 
from the metropolitan district commission, in accordance with the pro- 
visions of section nine A of chapter twenty-nine of the General Laws 



258 



Acts, 1958. — Chap. 434. 



Item 



0605-01 



0606-01 

0607-01 



0701-01 
0701-02 



0701-23 
0701-24 



0701-25 



0801-01 
0801-02 

0801-03 

0802-01 



0802-02 



and from the federal government on account of the retirement of em- 
ployees of the division of employment security and' the department of 
public health are to be in addition to this item and to be available for 
expenditure without further appropriation . . $5,250,000 00 

Total $5,345,580 00 

Emergency Finance Board. 

For administrative expenses of the board, including not more than one 
permanent position ....... $21,187 GO 

World War and Spanish- American War Service. 

For making payments to soldiers in recognition of service during World 
War I and the Spanish War, as provided by law . $750 00 

This item omitted. 



Total 



$750 00 



Total, Department of the Treasurer and Receiver-General $5,813,089 00 



Service of the Auditor of the Commonwealth. 

For the salary of the auditor $11,000 00 

For the ofhce of the auditor, including not more than forty-two perma- 
nent positions; provided, that the comptroller shall transfer to the 
General Fund the sum of ninety-three thousand nine hundred and four 
dollars from the Highway Fund .... 313,013 00 

For an audit of the accounts of the Metropolitan Transit Author- 
ity 29,294 00 

For the expense of an audit of the books of the New Bedford, Woods 
Hole, Martha's Vineyard and Nantucket Steamship Authority, to be 
reimbursed by said authority as provided by law . 3,160 00 

For an audit of certain housing authorities, as authorized by section 
twenty-six NN of chapter one hundred and twenty-one of the General 
Laws 88,322 00 



Total, Department of the Auditor $444,789 00 



Service of the Department of the Attorney General. 

For the salary of the attorney general . . $15,000 00 

For the office of the attorney general, including not more than forty-one 
permanent positions ...... 321,913 00 

For the cost of providing certain legal assistance for the benefit ot veter- 
ans, their wives and dependents .... 18,600 00 

For the settlement of certain claims, as provided by law, on account of 
damages by cars owned by the commonwealth and operated by state 
employees; provided, that the comptroller shall transfer to the General 
Fund from the appropriate funds sums equal to the paj-ments made 
under this item for claims against agencies whose appropriations are 
derived from other funds ..... 60,000 00 

For the settlement cf certain small claims, as authorized by section 
three A of chapter twelve of the General Laws 10,000 00 



Total, Department of the Attorney General $425,513 00 



Service of the Department of Agriculture. 

0901-01 For tbe salary of the commissioner .... $10,000 00 

0901-02 For the office of the commissionei , including not more than thirty-three 
permanent positions ...... 196,986 00 

0901-11 For expenses of the board of agriculture . . . 500 00 



Acts, 1958. — Chap. 434. 259 

Item 

0901-21 For apiary inspection, including not more than one permanent position, 
and for the reimbursement of owners of diseased bees as provided in 
section thirty-four of chapter one hundred and twenty-eight of the 
General Laws $7,191 00 

0901-22 For a program of soil conservation, as authorized by chapter one him- 
dred and twenty-eight B of the General Laws . . 1,835 00 

Total $216,512 00 

Division of Dairying and Animal Husbandry. 

0905-01 For the service of the division, including not more than five permanent 
positions $29,920 00 

0905-03 For administering the law relative to inspection of barns and dairies by 
the department of agriculture, including not more than fifteen perma- 
nent positions ....... 87,918 00 

0905-04 For matching certain Federal funds allocated to the department for a 
program of quality improvement of dairy products, prior appropria- 
tion continued 4,350 00 

Total $122,188 00 

Milk Control Commission. 
0906-01 For the service of the commission, including not more than thirty-four 
permanent positions ...... $194,884 00 

Division of Livestock Disease Control. 

0907-01 For the office of the director, including not more than twenty-eight 
permanent positions and not more than one permanent intermittent 
position $238,359 00 

0907-06 For reimbursement of owners of horses killed during the year nineteen 
hundred and fifty-nine and previous years, travel, when allowed, 
of inspectors of animals, incidental expenses of killing and burial, 
quarantine and emergency services, and for laboratory and veterinary 
supplies and equipment ...... 3,350 00 

0907-07 For reimbursement of owners of tubercular cattle killed, as authorized 
by section twelve A of chapter one hundred and twenty-nine of the Gen- 
eral Laws and in accordance wdth certain provisions of law and agree- 
ments made under authority of section thirty-three of said chapter one 
hundred and twenty-nine, prior appropriation continued 6,000 00 

0907-08 For the reimbursement of owners of certain brucellosis cattle killed, as au- 
thorized by section thirty-six G of chapter one hundred and twenty-nine 
of the General Laws, prior appropriation continued . 20,000 00 

Total $267,709 00 
Division of Markets. 
0908-01 For the service of the division, including not more than eleven permanent 
positions $109,250 00 

Division of Plant Pest Control and Fairs. 
0909-01 For the service of the division, including not more than four permanent 
positions $28,732 00 

State Reclavialion Board. 
0910-01 For the service of the board, including not more than four permanent 

positions $23,337 00 

0910-21 For the control of the greenhead fly, as authorized by section twenty-four 

of chapter two hundred and fifty-two of the General Laws 6,500 00 
0910-22 This item included in item 0910-21. 



Total $29,837 00 



Total, Department of Agriculture $969,112 00 



260 



Acts, 1958. — Chap. 434. 



Item 
1001-01 
1001-02 

1001-04 



1002-01 
1002-12 



1002-14 
1002-21 
1002-26 



1002-27 



1002-31 



1003-01 
1003-02 

1003-03 



Service of the Department of Natural Resources. 

For the salary of the commissioner .... $10,000 00 

For the office of the commissioner, including not more than thirty-four 
permanent positions ...... 168,147 00 

For the expenses of the natural resources board . . 500 00 



Total $178,647 00 



Division of Forests and Parks. 



For the office of the director, including not more than five permanent 
positions . . $26,654 00 

For the service of the state fire warden, including not more than twenty- 
two permanent positions, and for expenses of the Northeastern Forest 
Fire Protection Commission, as authorized by chapter four hundred 
and fifty-seven of the acts of nineteen hundred and forty-nine, and 
for compensation of commissioners, as provided by section four of 
said chapter . 376,577 00 

For the expenses of forest fire patrol, as authorized by section twenty- 
eight A of chapter forty-eight of the General Laws . 58,265 00 

For the development of forests, including not more than thirty-eight per- 
manent positions ... 209,791 00 

For certain farm forestry projects in co-operation with the United States 
Forest Service and the county of Berkshire, including not more than 
one permanent position; provided, that no expenditure shall be made 
under this item until the county of Berkshire shall have deposited" the 
sum of one thousand six hundred and sixty-four dollars in the .state 
treasury for this project ...... 6,655 00 

For certain farm forestry projects in co-operation with the United States 
Forest Service and the county of Essex, including not more than one 
permanent position; provided, that no expenditure shall be made under 
this item until tne county of Essex snail nave deposited the sum of one 
thousand five hundred and thirty-seven dollars in the state treasury 
for this project ....... 6,148 00 

For the suppression of insect pests and shade tree diseases, including 
g>^psy and brown tail moths and Japanese beetles under any general or 
special law, and including not more than eighteen permanent positions; 
provided, that notwithstanding the provisions of section two of chapter 
twenty-nine of the General Laws, as amended, assessments received 
from cities and towns in the fiscal year nineteen hundred and fifty- 
seven and thereafter representing their portion of the cost of gypsy 
moth program established under chapter one hundred and forty-eight 
of the acts of nineteen hundred and fifty-four as amended shall be 
applied to the amortization of the authorization of notes under section 
four of said chapter one hundred and forty-eight as amended, provided, 
however, that when this has been accomplished, said assessments shall 
be credited to the General Fund; and, provided further, that from the 
beginning of the aforesaid program to its completion all charges shall 
be apportioned equally between item 1002-31 and sums made avail- 
able by section two of chapter one hundred and forty-eight of the acts 
of nineteen hundred and fifty-four, prior appropriation con- 
tinued 104,403 00 



Total $788,493 00 



Division of Law Enforcement. 



For the office of the director, including not more than five permanent 
positions $23,950 00 

For the administration and enforcement of laws relative to shellfish and 
other marine fisheries, and for regulating the sale and cold storage of 
fresh food fish, including not more than twenty-eight permanent posi- 
tions . . . . . . . 195,704 00 

For conservation officers, including not more than thirty-nine permanent 
positions; provided, that the comptroller shall transfer to the General 
Fund a sum equal to fifty per cent of the payments made under this 



Acts, 1958. — Chap. 434. 261 

Item 

item from the Inland Fisheries and Game Fund, as provided by sec- 
tion three A of chapter one hundred and thirty-one of the General 
Laws $236,099 00 

Total $456,753 00 
Division of Marine Fisheries. 

1004-70 For the service of the office of the director, including not more than 
eighteen permanent positions, and for the administration of the activi- 
ties provided for under item 2610-04; provided, that a sum not exceed- 
ing ten thousand dollars may be expended from this item, for an educa- 
tional program in regard to handling fish aboard vessels contingent 
upon receiving a subsidy equal to the expenditures from the federal 
government for the purpose ..... $110,777 00 

1004-93 For experimental work with and consultant services of the Woods Hole 
Oceanographic Institute for the purpose of increasing the supply of 
shellfish in the commonwealth ..... 20,000 00 

Total $130,777 00 

Division of Water Resources. 

1010-01 For the service of the division, including not more than four permanent 

positions $69,500 00 

1010-23 This item postponed. 

Total $69,500 00 
Total, Department of Natural Resources $1,623,170 00 



Service of the Department of Banking and Insurance. 

Division of Banks. 

1101-01 For the salary of the commissioner .... $12,500 00 

1101-02 For the office of the commissioner, including not more than one hundred 

and sixty-five permanent positions .... 1,005,170 00 
1102-01 For the office of the supervisor of loan agencies, including not more than 

eleven permanent positions ..... 88,268 00 

Total $1,105,938 00 

Division of Insurance. 

1103-01 For the salary of the com^missioner .... $12,50000 

1103-02 For the service of the division, including expenses of the boardof appeal 
and certain other costs of supervising motor vehicle liability insurance, 
and including not more than two hundred and forty-five permanent 
positions; provided, that contracts or orders for the purchase of state- 
ment blanks for the making of annual reports to the commissioner of 
insurance shall not be subject to the restrictions prescribed by section 
one of chapter five of the General Laws; and, provided further, that 
the comptroller shall transfer to the General Fund the sum of two hun- 
dred and fifty-nine thousand six hundred and forty dollars from the 
Highway Fund 1,298,202 00 

Total $1,310,702 00 

Division of Savings Bank Life Insurance. 

1105-01 For the service of the division, including not more than twenty-eight 
permanent positions ..... $1 26,939 00 

Total, Department of Banking and Insurance $2,642,579 00 



262 



Acts, 1958. — Chap. 434. 



Item 

1201-01 
1201-02 



1201-03 
1202-02 

1203-01 
1203-11 
1203-12 
1203-21 

1204-01 



Service of the Department of Corporations and Taxation. 

For the salary of the commissioner and associate corDnnis- 
sioners $43,000 00 

For personal services of the department except as otherwise provided, 
including not more than seven hundred and fifteen permanent posi- 
tions; provided, that the comptroller shall transfer to the General 
Fund the sum of one hundred and sixty-three thousand one hundred 
and ninety-five dollars from the Highway Fund and the sum of two 
million one hundred and twenty-one thousand five hundred and thirty- 
three dollars from the receipts of the income tax . 3,263,897 00 

For expenses of the department except as otherwise provided for; pro- 
vided, that the comptroller shall transfer to the General Fund the sum 
of forty-one thousand six hundred and sixtj' dollars from the Highway 
Fund . . . . ..... .. . 208,300 00 

For expenses of the income tax division; provided, that a sum equivalent 
to the paym.ents under this item shall be transferred to the General 
Fund from the receipts of the income tax . . 620,200 00 



Total $4,135,397 00 



Division of Accounts. 



For the service of the division, including not more than one hundred 
and thirty-one permanent positions, partly chargeable to item 
1203-11 $703,338 00 

For expenses of auditing and installing systems of municipal accounts, 
the cost of which is to be assessed upon the municipalities for which 
the work is done 78,500 00 

For the expenses of certain books, forms and other material which may 
be sold to cities and towns requiring the same for maintaining their 
system of accounts ....... 55,000 00 

For the service of the county personnel board, including not more than 
six permanent positions ...... 18,390 00 

Total $855,228 00 
Appellate Tax Board. 

For the service of the board, including not more than twenty-nine per- 
manent positions ....... $211,105 00 



Total, Department of Corporations and Taxation 



$5,201,730 00 



Service of the Department of Education. 

1301-01 For the salary of the commissioner .... $14,00000 

1301-02 For the office of the commissioner, including not more than eighty-four 
permanent positions ...... 492,581 00 

1301-03 For extension courses in the methods used in the art of teaching and re- 
lated subjects and for the summer school at Hyannis or elsewhere, to 
be conducted by the division of teachers colleges, for graduates of 
teachers colleges or for such students or graduates of other colleges as 
may be approved by the state board of education; provided, that si;ch 
courses may be furnished free of charge to veterans, as authorized in 
sections seven and seven A of chapter sixty -nine of the General Laws; 
and, provided further, that the division may, in addition to the sums 
appropriated for the purpose in this item, expend from the receipts, 
without appropriation, income derived from such courses as may be 
conducted at no net expense to the commonwealth to an amount not 
exceeding two hundred and ten thousand dollars with the approval of 
the state board of education ..... 14,800 00 

1301-OG For printing school registers and other school blanks for cities and 
towns 5,000 00 

1301-07 For expenses of holding teachers' institutes . . 925 00 



Acts, 1958. — Chap. 434. 263 

Item 

1301-08 For aid to certain pupils in state teachers' colleges, under the du-ection 
of the department of education .... $4,000 GO 

1301-10 For the service of the state building on Newbury Street, Boston, includ- 
ing not more than five permanent positions . 37,582 00 

1301-20 For the Board of Education, including not more than two permanent 
positions 10,401 00 

1301-25 For expenses of the board of collegiate authority . . 400 00 

1301-29 For a program of sight saving classes .... 5,00000 

1301-32 For assistance to children of certain war veterans, prior appropriation 
continued, as authorized by section seven B of chapter sixty-nine of the 
General Laws and corresponding provisions of earlier laws 60,000 00 

1301-33 For certain educational services to certain war veterans . 62,522 00 

1302-01 This item included in item 1301-03. 



Total $707,211 00 

School Lunch and Commodity Distribution Program. 

1305-01 For the administration of the program, including not more than twenty- 
seven permanent positions ..... $139,495 00 

1305-05 For partial assistance in the furnishing of lunches to school children, as 
authorized by chapter five hundred and thirtj'-eight of the acts of 
nineteen hundred and fifty-one, and if necessary for supplementing 
federal funds allocated for the special milk program; provided, that 
notwithstanding any provisions of law to the contrary, payments so 
authorized to be paid from state funds shall not exceed fifty per cent 
of the total reimbursement authorized by the national school lunch act; 
and, provided further, that a sum equivalent to the payments under this 
item shall be transferred to the General Fund from the receipts of the 
income tax, prior appropriation continued . 175,000 00 

Total $314,495 00 

Division of Vocational Education. 

1307-01 For the training of teachers for vocational schools, to comply with the 
requirement of federal authorities under the provisions of the Smith- 
Hughes act, so-called, including not more than thirty-two permanent 
positions; provided, that such courses may be furnished free of charge 
to veterans, as authorized in sections seven and seven A of chapter 
sixty-nine of the General Laws .... $119,350 00 

1307-02 For personal services of the surplus property agency, including not more 
than three permanent positions; provided, that a sum equivalent to 
the expenditures made under this item shall be transferred to the 
General Fund from the receipts of the surplus property agencj', estab- 
lished by section fifty-five of chapter seventy-four of the General 
Laws 18,070 00 



Total $137,420 00 

Education of Deaf and Blind Pupils. 

131 1-01 For education of deaf and blind pupils of the commonwealth, as provided 
by section twenty-six of chapter sixty-nine of the General Laws, prior 
appropriation continued ...... $1,500,000 00 



Division of University Extension 

1313-01 For the university extension courses, including not more than forty-six 
permanent positions; provided, that the division may, in addition to 
the sums appropriated for the purpose in this item, expend from the 
receipts, without appropriation, income derived from such courses as 
may bo conducted at no net expense to the (•ommonwealth to an amount 
not exceeding two hundred thousand dollars with the approval of the 
state board of education $253,584 00 



264 Acts, 1958. — Chap. 434. 

Division of Immigration and Americanization. 
Item 
1315-01 For the service of the division, including not more than nineteen perma- 
nent positions $93,589 00 

Division of Public Libraries. 

1316-01 For the service of the division, including not more than twenty-five perma- 
nent positions "$130,829 00 

Division of the Blind. 

1317-01 For general administration and for instruction of the adult blind in 
their homes, including not more than sixty-eight permanent posi- 
tions $352,881 00 

1317-08 For aiding the adult blind, subject to the conditions provided by law, 
including the cost of certain medical assistance and supplies, prior 
appropriation continued ...... 1,720,00000 

1317-10 For expenses of administering and operating the service of piano tuning 
under section twenty-five of chapter sixty-nine of the General 
Laws 21,000 00 

1317-11 For the operation of local shops, including not more than eleven perma- 
nent positions 168,532 00 

1317-13 For the operation of the Woolson House industries, including not more 
than three permanent positions .... 101,646 00 

1317-15 For the operation of the salesroom and other expenses in connection with 
the .sale of materials made by blind persons, including not more than 
four permanent positions ..... 45,060 00 

1317-16 For the operation of certain industries for men, including not more than 
nine permanent positions ..... 369,244 00 

1317-17 For the operation of a workshop for the blind in the city of Springfield, 
as authorized by chapter six hundred and sixty-six of the acts of nine- 
teen hundred and fifty-one, including not more than three permanent 
positions 68,466 00 

1317-18 For certain paj^ments to blind persons, as authorized by chapter six 
hundred and sixtv-nine of the acts of nineteen hundred and fifty- 
seven . " 40,000 00 

1317-28 For the promotion of vocational rehabilitation of the blind in 
co-operation with the federal government, prior appropriation 
continued 69,100 00 



Total $2,955,929 00 

Teachers' Retirement Board. 

1319-01 For the service of the board, including not more than thirtv permanent 
positions '$139,983 00 

1319-08 For the payment of the commonwealth's share in financing the teachers' 
retirement system, as provided by chapter thirty-two of the General 
Laws as amended, prior appropriation continued . 10,000,000 00 

Total $10,139,983 00 

Massachusetts Maritime Academy. 

1327-01 For administration, including not more than two permanent posi- 
tions $10,786 00 

1327-10 For maintenance of the academy and ship, including not more than forty- 
nine permanent positions, with the approval of the commissioner of 
education 412,923 00 



Total $423,709 00 

For the maintenance of and for certain improvements at the following state 
teachers' colleges, arid the boarding halls attached thereto, with the approval 
of the commissioner of education: 

1330-01 State teachers' college at Bridgewater, including not more than one 
hundred and nine permanent positions . . . $716,692 00 



Acts, 1958. — Chap. 434. 



265 



Item 

1330-21 state teachers' college at Bridgewater, boarding hall, including not more 
than thirty-seven permanent positions . . $198,510 00 

1331-01 State teachers' college at Fitchburg, including not more than ninety 
permanent positions ...... 595,660 00 

1331-10 For scholarships, as authorized by section seven C of chapter sixty-nine 
of the General Laws ...... 5,000 00 

1331-21 State teachers' college at Fitchburg, boarding hall, including not more 
than eleven permanent positions .... 106,828 00 

1332-01 State teachers' college at Framingham, including not more than eighty- 
nine permanent positions.. ..... 460,350 00 

1332-21 State teachers' college at Framingham, boarding hall, including not more 
than thirty permanent positions .... 170,300 00 

1333-01 State teachers' college at Lowell, including not more than sixty-eight 
permanent positions ...... 349,815 00 

1333-21 State teachers' college at Lowell, boarding ball . . 10,806 00 

1334-01 State teachers' college at North Adams, including not more than thirty- 
eight permanent positions ..... 187,963 00 

1334-21 State teachers' college at North Adams, boarding hall, including not more 
than seven permanent positions .... 37,950 00 

1335-01 State teachers' college at Salem, including not more than eighty-one 
permanent positions ...... 465,600 00 

1336-01 State teachers' college at Westfield, including not more than sixty-two 
permanent positions ...... 339,300 00 

1336-21 State teachers' college at Westfield, boarding hall, including not more 
than seven permanent positions .... 22,200 00 

1337-01 State teachers' college at Worcester, including not more than sixty-six 
permanent positions ...... 392,350 00 

1338-01 State teachers' college at Boston, including not more than one hundred 
and nine permanent positions ..... 725,300 00 

1339-01 Massachusetts school of art, including not more than forty-three per- 
manent positions ....... 290,580 00 



Total $5,074,204 00 



1340-01 



1342-01 



For the maintenance of and for certain improvements at the following insti- 
tutes, with the approval of the commissioner of education and the trustees 
thereof: 

Bradford Durfee College of Technology, including not more than fifty- 
four permanent positions, and including the sum of ten thousand dol- 
lars which is to be assessed upon the city of Fall River as a part of the 
charges to be paid by said city to the commonwealth in the calendar 
year nineteen hundred and fifty-eight . . . $356,750 00 

New Bedford Institute of Technology, including not more than forty- 
nine permanent positions, and including the sum of ten thousand dol- 
lars which is to be assessed upon the city of New Bedford as a part of 
the charges to be paid by said city to the commonwealth in the calendar 
year nineteen hundred and fifty-eight . . . 402,430 00 

Total $759,180 00 



Lowell Technological Institute of Massachusetts. 

1345-01 For the maintenance of the Lowell Technological Institute of Massachu- 
setts, with the approval of the trustees, including not more than one 
hundred and eighty-one permanent positions, and including the sum 
of ten thousand dollars which is to be assessed upon the city of Lowell 
as a part of the charges to be paid by said city to the commonwealth in 
the calendar year nineteen hundred and fifty-eight; provided, that 
said institute is hereby authorised to conduct a summer school at no 
expense to the commonwealth, and for said purpose the institute may 
receive and expend income derived therefrom . , $1,306,068 00 



266 



Acts, 1958. — Chap. 434. 



Item 
1345-42 



1345-43 
1345-47 
1345-48 



1350-01 
1350-21 



1350-22 
1350-24 
1350-96 



1380-01 



1381-01 
1382-01 
1383-01 
1384-01 

1385-01 
1386-01 

1387-01 
1388-01 
1389-01 
1390-01 



For certain scholarships at the Lowell Technological Institute of Massa- 
chusetts, as authorized by section seventeen of chapter seventy-five A 
of the General Laws $10,000 00 

This item postponed. 

This item included in item 1345-01. 

This item postponed. 



Total $1,316,058 GO 



University of Massachusetts. 



For the maintenance of the University of Massachusetts, with the ap- 
proval of the trustees, including not more than one thousand one hun- 
dred and twenty-six permanent positions . . . $8,278,902 00 

For expenses in connection witti research projects for which the common- 
wealth will be fully reimbursed by tbe federal government, witli the 
approval of the commission on administration and finance, prior ap- 
propriation continued ...... 50,000 00 

This item postponed. 

This item postponed. 

For certain scholarships at the University of Massachusetts, as au- 
thorized by section tnirty-one of chapter seventy-five of the General 
Laws 25,000 00 



Total $8,353,902 00 



Division of Youth Service. 



For the youth service board and for the administration of the division of 
youth service, including not more than seventy-nine permanent posi- 
tions $730,609 00 

For the maintenance of and for certain improvements at the institutions 
within the division: 

Industrial school for boys, including not more than one hundred and 
twenty-one permanent positions .... $659,840 00 

Industrial school for girls, including not more than seventy permanent 
positions . 439,029 00 

Lyman school for boys, including not more than one hundred and thirty- 
five permanent positions ...... 858,309 00 

For the operation of reception and detention facilities for boys in the 
city of Boston, including not more than fifty-one permanent posi- 
tions 325,750 00 

For the operation of the institute of juvenile guidance, including not more 
than fifty-two permanent positions .... 273,576 00 

For the operation of reception and detention facilities for girls in the 
city of Boston, including not more than twenty-seven permanent 
positions . . . . , . . . 139,027 00 

For the operation of a detention center in Hampden countj^, including 
not more than two permanent positions . . 40,281 00 

For the operation of a residential treatment unit for small boj-s in Oakdale, 
including not more than twenty-one permanent positions 140,410 00 

For the operation of a detention center in Worcester county, including 
not more than two permanent positions . . . 7,735 00 

For the maintenance of a Youth Forest Camp , 49,300 00 

Total $2,933,257 00 
Total, Division of Youth Service $3,663,866 00 



School Building Assistance Commission. 
1393-01 For the school building assistance conmiission 



$73,183 00 



Acts, 1958. — Chap. 434. 



267 



Item 



Board of Educational Assistance. 



1394-01 For the expenses of the board, as authorized by section twenty-six 
of chapter fifteen of the General Laws, prior appropriation contin- 
ued $7,904 00 

1394-02 For scholarships, as authorized by section twenty-six of chapter fifteen 
of the General Laws, prior appropriation continued. 

Total, Department of Education $35,905,046 00 



1402-01 
1402-02 

1402-21 



1403-01 
1403-02 



1404-01 
1405-01 
1406-01 
1407-01 
1408-01 
1409-01 
1410-01 
1411-01 
1412-01 
1413-01 
1414-01 
1416-01 
1417-01 
1420-01 
1421-01 



Service of the Department of Civil Service and Registration. 

Division of Civil Service. 

For the salary of the director and for the compensation of members of 
the commission . $40,000 00 

For the service of the division, including not more than two hundred 
and thirteen permanent positions; provided, that the compti oiler 
shall transfer to the General Fund the sum of one hundred and fifty- 
three thousand five hundred and twenty-eight dollars from the High- 
way Fund 1,023,521 00 

For expenses of hearings, as authorized by section forty-three of chapter 
thirty-one of the General Laws .... 5,000 00 

Total $1,068,521 00 
Division of Registration. 

For the salary of the director ..... $6,000 00 

For the service of the division, including not more than forty-eight per- 
manent positions ....... 288,191 00 

Total $294,191 00 
For the service of the following agencies in the division: 

Board of registration in medicine, including not more than seven per- 
manent positions $10,725 00 

Board of dental examiners, including not more than five permanent posi- 
tions 5,950 00 

Board of registration in chiropody, including not more than five perma- 
nent positions ....... 3 100 00 

Board of registration in pharmacy, including not more than nine 'perma- 
nent positions 33,799 00 

Board of registration of nurses, including not more than ten permanent 
positions 5j80 00 

Board of registration in embalming and funeral directing, including not 
more than five permanent positions .... 11 500 00 

Board of registration in optometry, including not more than five 'perma- 
nent positions ....... 2,900 00 

Board of registration in veterinary medicine, including not more than five 
permanent positions ...... 2 335 00 

Board of registration of professional engineers and land 'survey- 
ors 4,930 00 

Board of registration of architects, including not more than five perma- 
nent positions 4,300 00 

Board of registration of certified public accountants, including not more 
than five permanent positions ..... 14,910 00 

State examiners of electricians, including not more than two permanent 
positions 9,700 00 

State examiners of plumbers, including not more than three permanent 
positions 7,600 00 

Board of registration of barbers, including not more than nine permanent 
positions . • . • 44,080 00 

Board of registration of hairdressers, including not more than seventeen 
permanent positions ...... 83,376 00 



268 



Acts, 1958. — Chap. 434. 



Item 

1422-01 Board of registration of dispensing opticians, including not more than five 
permanent positions ...... $1,450 00 

1424-01 Board of sanitarians, including not more than four permanent posi- 
tions 1,440 00 



Total $247,876 00 



Total, Department of Civil Service and Registration $1,610,587 00 



Service of the Department of Commerce. 

1551-01 For the service of the department, including not more than fifty-seven 
permanent positions ...... $897,715 00 

1551-10 For the commonwealth's share of the expenses of the New England textile 
committee 5,400 00 



Total, Department of Commerce $903,115 00 



1601-01 
1603-01 
1605-01 
1607-01 
1609-01 
1609-05 

1611-01 
1613-01 
1615-01 



1620-01 



Service of the Department of Labor and Industries. 

For general administration and for the division of employment of the aging, 
including not more than thirteen permanent positions $89,437 00 

For the division of industrial inspection, including not more than sixty- 
eight permanent positions ..... 408,747 00 

For the division of occupational hygiene, including not more than four- 
teen permanent positions ...... 86,593 00 

For the division ot statistics, including not more than thirty-four perma- 
nent positions •.-..• .• •. . • . 169,597 00 

For administration of the division on necessaries of life, including not more 
than five permanent positions ..... 26,920 00 

For administration, by said division, of sections two hundred and ninety- 
five A to two hundred and ninety-five O, inclusive, of chapter ninety- 
four of the General Laws, relating to the advertising and sale of motor 
fuel at retail, including not more than twelve permanent posi- 
tions .-.•.•.• 64,849 00 

For the board of conciliation and arbitration, including not more than 
sixteen permanent positions ..... 124,635 00 

For the commission on minimum wage and for expenses of wage boards, 
including not more than thirty-four permanent positions 167,074 00 

For the division of standards, including not more than fifteen permanent 
positions 85,841 00 



Total $1,213,693 00 



Division of Apprentice Training. 



For the service of the division, including not more than thirty-seven per- 
manent positions; provided, that all of the positions of this division, 
with the exception of the head clerk, shall not be subject to chapter 
thirty-one of the General Laws .... $181,656 00 



Labor Relations Commission. 

1630-01 For the service of the commission, including not more than nineteen per- 
manent positions ....... $125,817 00 



Division of Industrial Accidents. 

1651-01 For personal services of members of the board, including not more than 
eleven permanent positions ..... $111,000 00 

1651-02 For the service of the board and for clerical and other assistance for the 
industrial accident rehabilitation board, including not more than one 
hundred and seventy-two permanent positions . . 814,116 00 



Acts, 1958. — Chap. 434. 



260 



Itwn 

1651-05 
1651-06 



1651-21 



For expenses of impartial examinations, prior appropriation con- 
tinued . . $39,500 00 

For the compensation of certain public employees for injuries sustained 
in the course of their employment, as provided by section sixty-nine of 
chapter one hundred and fifty-two of the General Laws, prior appro- 
priation continued: provided, that the comptroller shall transfer to the 
General Fund the sum of three hundred thousand doUais from the 
Highway Fund 855,000 00 

Total $1,819,615 00 

Division of Self- Insurance. 

For the service of the division, including not more than six permanent 
positions $31,507 00 



Industrial Accident Rehabilitation Board. 

1652-01 For the service of the industrial accident rehabilitation board, including 
not more than six permanent positions . . . $13,063 00 



Total, Department of Labor and Industries $3,385,351 CO 



1701-01 
1701-02 



1701-05 



Service of the Department of Mental Health. 

For the salary of the commissioner .... $15,000 00 
For administration, including the division of mental hygiene, psychiatric 
services to the courts and other state departments, therapy and out- 
patient treatment of sexual offenders including those incarcerated in 
institutions within the commonwealth, and for the transportation and 
medical examination of patients and certain feeble-minded persons, in- 
cluding not more than three hundred and thirty-nine permanent posi- 
tions 2,674,077 00 

For the expenses of community nurseries for retarded children 130,000 00 

Total $2,819,077 00 



For the maintenance of and for certain improvements at the following institu- 
tions under the control of the department of mental health: 

1710-00 Massachusetts mental health center, including not more than two hundred 
and thirty-nine permanent positions .... $1,189,426 00 

1711-00 Boston state hospital, including not more than one thousand one hundred 
and two permanent positions ..... 6,276,424 00 

1711-28 This item postponed. 

1712-00 Danvers state hospital, including not more than eight hundred and thirty- 
nine permanent positions ..... 3,852,742 00 

1712-24 This item postponed. 

1713-00 Foxborough state hospital, including not more than four hundred and 
seventy permanent positions ..... 2,326,188 00 

1713-21 This item postponed. 

1713-25 This item postponed. 

1714-00 Gardner state hospital, including not more than four hundred and eighty- 
one permanent positions ...... 2,394,908 00 

1714-27 This item postponed. 

1715-00 Grafton state hospital, including not more than five hundred and sixty- 
nine permanent positions ..... 2,813,205 00 

1715-25 This item postponed. 

1715-26 This item postponed. 

1716-00 Medfield state hospital, including not more than five hundred and forty- 
nine permanent positions ..... 2,948,056 00 

1716-26 This item postponed. 

1717-00 Metropolitan state hospital, including not more than seven hundred and 
four permanent positions ..... 3,371,199 CO 



270 



Acts, 1958. — Chap. 434. 



Item 

1717-32 This item postponed. 

1717-33 This item postponed. 

1718-00 Northampton state hospital, including not more than six hundred and 
twenty-six permanent positions .... $3,266,328 00 

1718-27 This item postponed. 

1718-29 This item postponed. 

1719-00 Taunton state hospital, including not more than six hundred and eighty- 
seven permanent positions ..... 3,273,179 00 

1719-27 This item postponed. 

1720-00 Westborough state hospital, including not more than six hundred and 
ninety-four permanent positions .... 3,356,757 00 

1721-00 Worcester state hospital, including not more than one thousand and 
twenty-three permanent positions .... 4,543,794 00 

1722-00 Monson state hospital, including not more than seven hundred and forty- 
five permanent positions ...... 3,260,612 00 

1722-27 This item postponed. 

1723-00 Belchertown state school, including not more than four hundred and 
sixty-two permanent positions ..... 2,194,630 00 

1723-27 This item postponed. 

1724-00 Walter E. Fernald state school, including not more than eight hundred 
and thirty permanent positions .... 4,006,875 00 

1725-00 Wrentham state school, including not more than six hundred and thirty- 
eight permanent positions ..... 3,006,152 00 

1726-00 Myles Standish state school, including not more than five hundred find 
ninety-three permanent positions .... 2,863,482 00 

1727-00 Gushing hospital, including not more than three hundred and thirty-three 
permanent positions ...... 1,957,025 00 

Total $55,900,982 00 



Total, Department of Mental Health $58,720,059 00 



Service of the Department of Correction. 

1801-01 For the salary of the commissioner .... $15,000 00 

1801-02 For administration, including not more than seventy-two permanent 
positions; provided, that the persons employed under the division of 
classification of prisoners shall not be subject to the civil service laws 
and rules; and, provided further, that notwithstanding any provision 
of the law to the contrary, the director of civil service shall certify to the 
commissioner of correction, on receipt of permanent requisitions, names 
of correction officers to fill permanent vacancies, and the salary of these 
employees during the period of official training shall be paid from 
this item 465,785 00 



Non-Contributory Pensions: 

1801-21 For the compensation of certain prison officers and instructors formerly in 
the service of the commonwealth, now retired, prior appropriation 
continued $28,500 OQ 

1802-01 For the operation of correctional institution camps, including not more 
than twenty-four permanent positions . . . 300,234 00 

Total $809,519 00 
Parole Board. 

1805-01 For the service of the board, including not more than sixty-three perma- 
nent positions $425,171 00 



Acts, 1958. — Chap. 434. 



271 



Item 

For the maintenance of and for certain improvements at the following insti- 
tutions under the control of the department of correction: 

1810-01 Correctional institution at Bridgewater, including not more than four 
hundred and eighty-one permanent positions . $3,128,066 GO 

1810-21 This item postponed. 

1812-01 Correctional institution at Walpole, including not more than two hundred 
and seventy permanent positions .... 1,778,101 00 

1812-02 Correctional institution at Walpole, industries, including not more than 
thirty permanent positions; provided, that the commissioner of cor- 
rection shall determine the cost of the manufacture of motor vehicle 
registration plates and certify to the comptroller the amounts to be 
transferred therefor from the Highway Fund to the General 
Fund ... . . . . 710,912 00 

1814-01 Correctional institution at Concord, including not more than two hun- 
dred and forty-five permanent positions . . . 1,651,755 00 

1814-02 Correctional institution at Concord, industries, including not more than 
twenty-three permanent positions .... 338,483 00 

1814-22 This item postponed. 

1816-01 Correctional institution at Framiugham, including not more than one 
hundred and thirty-one permanent positions . . 824,846 00 

1816-02 Correctional institution at Framingham, industries, including not more 
than twelve permanent positions .... 231,190 00 

1816-24 This item postponed. 

1818-01 Correctional institution at Norfolk, including not more than two hun- 
dred and fifty-three permanent positions . . . 1,816,573 00 

1818-02 Correctional institution at Norfolk, industries, including not more than 
twenty-nine permanent positions .... 469,372 00 

1818-23 This item postponed. 

Total $10,949,298 00 



Total, Department of Correction $12,183,988 00 



1901-01 
1901-03 



1901-04 



1901-06 



1906-04 



Service of the Department of Public Welfare. 

For the salary of the commissioner . . . $12,500 00 

For administration of the program of old age assistance provided by 
chapter one hundred and eighteen A of the General Laws, and for the 
office of the commissioner and expenses of the department of public 
welfare, including not more than five hundred and si.\ty-nine perma- 
nent positions 2,746,705 00 

For administrative cost of a program for total and permanent disability 
assistance and for payments made in accordance with section three of 
chapter one hundred and eighteen D of the General Laws 65,000 00 

For payments on account of old age assistance grants made in accordance 
with section one C of chapter one hundred and eighteen A of the Gen- 
eral Laws 95,000 00 



Division of Child Guardianship. 



Total $2,919,205 00 



For the care and maintenance of children under the jurisdiction of the divi- 
sion of child guardianship, prior appropriation continued $3,250,000 00 



Tewksbury State Hospital and Infirmary. 

1919-00 For the maintenance of the Tewksbury state hospital and infirmarj'-, 
including not more than seven hundred and sixty-one permanent posi- 
tions $3,731,487 00 



Total, Department of Public Welfare $9,900,692 00 



272 



Acts, 1958. — Chap. 434. 



Item 

2001-01 
2001-02 

2001-03 



2002-01 



2002-02 



Service of the Department of Public Health. 

Bureau of Administration. 

For the salary of the commissioner .... $14,000 00 

For the service of the bureau of administration, including not more than 
thirty-eight permanent positions .... 205,685 00 

From the unexpended balance remaining in item 2001-03 of section 
two of chapter six hundred and eighty-eight of the acts of nineteen 
hundred and fifty-six, the sum of one hundred and fifty thousand 
dollars is hereby reappropriated and made available for the purposes 
of item 2001-03. 



Total $219,685 00 



Bureau of Environmental Sanitation. 



For the service of the bureau, including not more than one hundred and 
nine permanent positions; provided, that an amount equal to the ad- 
ministrative expense paid from this account and incurred in making 
special air pollution surveys shall be transferred from item 2002-02 
and credited to the General Fund by the comptroller upon certification 
by the commissioner of public health . . . $764,174 00 

For special air pollution surveys to be conducted upon request of cities 
or towns; provided, that any city or town requesting such a survey 
shall pay in advance the estimated cost thereof, the amounts so re- 
ceived to be available for expenditure under this item without appro- 
priation, expires June thirtieth, nineteen hundred and sixty. 



Bureau of Preventive Disease Control. 

2003-01 For the service of the bureau of preventive disease control and for the 
operation of certain clinics in the outpatient department of certain 
general hospitals, including not more than forty-nine permanent posi- 
tions $1,217,446 00 

Bureau of Health Services. 

2004-01 For the service of the bureau of health services, including not more than 
fifty-four permanent positions $672,321 00 

Bureau of Hospital Facilities. 

2005-01 For the service of the bureau of hospital facilities, including not more 
than twenty-three permanent positions . . . $155,856 00 



2006-01 



2006-21 



Bureau of Tuberculosis and Institutions. 

For the service of the bureau of tuberculosis and institutions and for the 
commonwealth's share of the operation of certain tuberculosis clinics, 
including not more than thirty permanent positions . $189,600 00 

This item postponed. 



Institute of Laboratories. 

2007-01 For the service of the institute of laboratories, including not more than 
one hundred and thirty-five permanent positions . $694,707 00 



2022-00 



For the maintenance of and far certain improvements at the following institu- 
tions under the control of the department of public health: 

Lakeville state sanatorium, including not more than two hundred and 
forty-five permanent positions ..... $1,117,724 00 



Acts, 1958. — Chap. 434. 



273 



Item 
2023-00 North Reading state sanatorium, including not more than two hundred 

and eight permanent positions ..... $935,700 00 
2024-00 Rutland state sanatorium, including not more than two hundred and 

fifty-four permanent positions ..... 1,178,665 00 
2024-23 This item postponed. 
2025-00 Westfield state sanatorium, including not more than two hundred and 

eighty-eight permanent positions .... 1,442,250 00 
2026-00 Lemuel Shattuck hospital, including not more than eight hundred and 

four permanent positions ..... 3,639,400 00 

2026-22 This item postponed. 
2027-00 Massachusetts Hospital School, including not more than two hundred 

and eleven permanent positions .... 1,020,005 00 

2031-00 PondvUle hospital, including not more than two hundred and seventy 

permanent positions ...... 1,461,592 00 

2031-22 This item postponed. 

Total $10,795,326 00 

New England Interstate Water Pollution Control Commission. 

2040-01 For expenses of the New England interstate water pollution control com- 
mission, as authorized by chapter four hundred and twenty-one of the 
acts of nineteen hundred and forty-seven, and for compensation and 
expenses of the commissioners, as provided by section four of said 
chapter $9,560 00 

Connecticut River Valley Flood Control Commission. 

2040-02 For expenses of the commission and for reimbursement for loss of taxes, 
as authorized by chapter six hundred and ninety-two of the acts of 
nineteen hundred and fifty-one ..... $15,929 00 

Merrimack River Valley Flood Control Commission. 

2040-03 For expenses of the commission, as authorized by chapter six hundred 
and eight of the acts of nineteen hundred and fifty-six . $14,500 00 



Total, Department of Public Health $14,649,103 00 



2101-01 
2101-02 



2103-01 



Service of the Department of Public Safety. 

For the salary of the commissioner .... $12,500 00 

For certain administrative expenses of the department, including not 

more than ninety-nine permanent positions . . 515,364 00 

Total $527,864 00 
Division of Fire Prevention. 
For the fire prevention service, including not more than twenty-five perma- 



nent positions 



$204,944 00 



Division of Inspection. 

2104-01 For the service of the division, except as otherwise provided, including 
not more than fifty-nine permanent positions . . $401,949 00 

2104-31 For the board of boiler rules, including not more than four permanent 
positions 1,400 00 

Total $403,349 00 
State Boxing Commission. 

2105-11 For the service of the commission, including not more than six permanent 
positions ........ $27,811 00 



274 Acts, 1958. — Chap. 434. 

Board of Standards. 
Item 
2106-01 For the service of the board, including not more than seven permanent 
positions $6,100 00 

Board of Elevator Regulations. 

2107-01 For the service of the boaid, including not more than seven permanent 
positions $5,100 00 

Board of Fire Prevention Regulations. 

2108-01 For the service of the board, including not more than six permanent 
positions $4,100 00 

Division of Subversive Activities. 

2109-01 For the service of the division of subversive activities, including not more 
than five permanent positions ..... $28,462 00 

Board of Schoolhouse Structural Standards. 

2110-01 For the service of the board, as authorized by chapter six hundred and 
seventy-fiveof the acts of nineteen hundred and fifty-five $1,000 00 

Board of Examiners. 

2111-01 For the service of the board of examiners of persons licensed under sec- 
tion seventy-one B of chapter one hundred and forty-three of the General 
Laws, including not more than one permanent position $1,000 00 



Total, Department of Public Safety $1,208,720 00 



Service of the Department orPublic Works. 

Division of Waterwaj/s. 

2202-03 For administration, including not more than sixty-five permanent posi- 
tions; provided, that an amount equal to the expenditures for personal 
services properly chargeable to item 2202-05, as certified by the di- 
rector of the division, shall be credited as revenue to the General 
Fund . . . . . . $335,300 00 

2202-06 For the maint-enance and repair of certain property in the town of Plym- 
outh, including not more than two permanent positions 8,100 00 

2220-21 For the continuation of a survey of the great ponds of the commonwealth, 
inchiding the rights of way thereto, as authorized by chapter twenty- 
eight of the resolves of nineteen hundred and fifty-one, prior appropria- 
tion continued, expires June thirtieth, nineteen hundred and sixty. 

2220-25 This item postponed. 

2220-26 This item postponed. 

Total $343,400 00 
Outdoor Advertising Division 

2230-01 For the service of the outdoor advertising division, including not more 
than eleven permanent positions .... $53,682 00 



Total, Department of Public Works $397,082 00 



Acts, 1958. — Chap. 434. 



275 



Item 
2301-01 

2301-02 

2301-09 



2301-11 



Service of the Department of Public Utilities. 

For personal services of the commissioners, including not more than five 
permanent positions ...... $66,000 00 

For achninistration, including not more than seventy-three permanent 
positions 439,106 00 

For hearings and special investigations; provided, that no salaries or ex- 
penses of permanent employees shall be chargeable to this item, prior 
appropriation continued ...... 25,000 00 

For the administration of certain rules and regulations, as authorized by 
section seventy-five E of chapter one hundred and sixty-four of the 
General Laws, pertaining to the construction and operation of natural 
gas pipe lines in the commonwealth , . . 6,026 00 

Total $626,131 00 
Commercial Motor Vehicle Division. 

2304-01 For the service of the division, including not more than thirty-two per- 
manent positions $200,765 00 

Securities Division. 

2308-01 For the service of the division, including not more than nine permanent 
positions ........ $51,113 00 



2805-01 
2805-02 



2811-02 



Total, Department of Public Utilities $777,999 00 

Annuities and Payments. 

For the payment of certain annuities and pensions of soldiers and others 
under the provisions of certam acts and resolves . $12,700 00 

For payment of any claims, as authorized by sections eighty -nine and 
eighty-nine A of chapter thirty-two of the General Laws, for allowances 
to the families of certain employees killed or fatally injured in the dis- 
charge of their duties ...... 16,100 00 



Total, Annuities and Payments $28,800 00 



Non- Contributory Pensions. 

For the compensation of veterans who may be retired by the governor 
under the provisions of sections fifty-six to fifty-nme, inclusive, of chap- 
ter thirty-two of the General Laws, and for the cost of medical exami- 
nations in connection therewith; provided, that the comptroller shall 
transfer to the General Fund the sum of four hundred and ninety-eight 
thousand dollars from the Highway Fund . . . $2,265,000 00 



Total, Non-Contributory Pensions $2,265,000 00 



Miscellaneous. 

2820-02 For the payment, with the approval of the comptroller, of expenses 
for which no funds or insufficient funds were allotted or reserved; 
provided, that such expenses were not in excess of the appi opriation 
account ........ $26,000 00 

2820-06 For the repayment to claimants, as authorized by section one hundred 
and forty-nine D of chapter one hundred and seventy-five of the Gen- 
eral Laws and for reimbursement of other persons for funds previously 
deposited in the treasury of the conam on wealth and escheated to the 
commonwealth ....... 2,000 00 



276 



Acts, 1958. — Chap. 434. 



Item 

2820-08 



For the payment of claims for unpaid checks, with the approval of the 
state treasurer and certification by him to the comptroller of the 
amount due, where payment has otherwise been prevented as a result 
of the application of section thirty-two of chapter twenty-nine of the 
General Laws $1,000 00 



Total, Miscellaneous $28,000 00 



APPROPRIATIONS MADE FROM THE HIGHWAY FUND. 
Service of the Department of Public Works. 

Highway Activities. 

The salaries of all officers and employees of the department engaged in projects 
or activities relating to highways shall be charged for the nineteen hundred 
and fifty-nine fiscal year in full to appropriations authorized under the 
heading of "Highway Activities" in this act: 

2900-01 For the salaries of the commissioner and the associate commissioners, in- 
cluding not more than three permanent positions . $35,000 00 

2900-02 For administration and engineering in connection with all highway ac- 
tivities, for the ofiices of the commissioner, department secretary, 
personnel officer and business agent, including telephone service m 
the pubUc works building; and for the payment of damages caused 
by defects in state highways, with the approval of the attorney gen- 
eral; provided, that the position of personnel director, public works 
department, shall not be subject to the civil service laws and rules, 
prior appropriation continued ..... 17,000,000 00 

2900-04 For the maintenance and repair of state highways and bridges, traflBc 
signs and signals, including traffic safety devices on town and city ways 
as the department may deem necessary; for work for which the High- 
way Fund is reimbursed other than work in connection with the projects 
included in federal aid programs; and for the purchase, construction 
and repair of shelters for departmental equipment and material includ- 
ing land necessary therefor, the cost of which is less than ten tliousand 
dollars for each project, prior appropriation continued . 12,260,000 00 

2900-07 For the construction, improvement and maintenance by the department 
of public works of public roads in state forests, parks and reservations 
outside of the Metropolitan Parks districts, as authorized by section 
thirteen of chapter eighty-one of the General Laws, prior appropriation 
contmued 100,000 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 expenses in connec- 
tion therewith, prior appropriation continued . . 6,000,000 00 

2900-09 For the construction, improvement and maintenance by the department 
of public works of public roads within the limits of any property under 
the control of any department, board or commission of the common- 
wealth, as authorized by section thirteen of chapter eighty-one of the 
General Laws, prior appropriation continued . . 200,000 00 

2900-10 For projects for the construction and reconstruction of highways and 
bridges, including the elimination of grade crossings, which have been 
approved by the proper federal authorities to be included in federal aid 
programs, and for land damages in connection with such projects; 
provided, that any portion of the sum herein appropriated may also be 
used for said federal aid projects in conjunction with city or town funds; 
and, provided further, that the balance of amounts made available for 
expenditure in the fiscal year nineteen hundred and fifty-eight are hereby 
reappropriated; and, provided further, that amounts made available 
by this item in any fiscal year shall be available for expenditure in the 
succeeding fiscal year. 

2900-12 For projects for improving state highways and through routes, including 
bridges, and including construction and reconstruction, it being the 
intent of the general court that state highways shall be made continuous 



Acts, 1958. — Chap. 434. 



277 



Item • i X- 

whether or not sections to be made state highways require construction 
work; for turnouts or rest areas within highway rights of way, includ- 
ing contingent expenses therefor; and upon agreement with city or town 
officials, for construction of needed improvements on other through 
routes not designated as state highways and without acceptance by the 
commonwealth of responsibility for maintenance; provided, that any 
portion of the sum appropriated herein may be used in conjunction wnth 
city or town funds, prior appropriation continued . $1,500,000 00 
2900-20 For all personal services, for the fiscal year nineteen hundred and fiftv- 
nine and previous years, for all projects and activities relatmg to high- 
ways, including not more than three thousand six hundred and fourteen 
permanent positions; provided, that transfers shall be made to this ac- 
count by the commissioner of public works from appropriations for 
the several highway activity items in this act except items 2900^-01 and 
2900-80 in amounts not in excess of the initial amounts prescribed for 
personal services by subsidiary account as authorized by section twenty- 
seven of chapter twenty-nine of the General Laws, the amounts trans- 
ferred to this account to be credited to corresponding subsidiary ac- 
counts; and, provided further, that the provisions of section twenty- 
nine of chapter twenty-nine of the General Laws shall apply to this 

2900-35 For resurfacing existing state highways with not less than two inches of 
bituminous bound aggregate, using present traveled ways as a base; 
provided, that the state purchasing agent may buy the required bitu- 
minous-treated aggregate, notwithstanding the provisions of section 
eight A of chapter twenty-nine of the General Laws, prior appropriation 
continued , • • 1-250,000 00 

2900-36 For the construction or reconstruction of state highway and other bridges, 
including certain bridges placed under the authority of the department 
of public works by chapter six hundred and ninety of the acts of nine- 
teen hundred and forty-five and by chapter four hundred and eighty-two 
of the acts of nineteen hundred and forty-eight; provided, that sums 
herein appropriated may be used, upon agreement with city or town 
officials, in conjunction with city or town funds without acceptance by 
the commonwealth of responsibiUty for maintenance, prior appropria- 
tion continued 1,500,000 00 

2900-38 For expenses in connection with research and investigational work to 
be done on a co-operative basis with the Massachusetts Institute of 
Technology, prior appropriation continued, expires June thirtieth, 
nineteen hundred and sixty 30,000 00 

2900-39 For certain research and investigational work in co-operation with the 
highway research board, prior appropriation continued. 

2900-61 For the compensation of former employees of the department of public 
works, now retired, as authorized by chapter four hundred and three 
of the acts of nineteen hundred and forty-eight, as amended by chapter 
four hundred and forty-one of the acts of nineteen hundred and fifty- 
three . 36,540 00 

2900-80 For the operation and mamtenance of the public works building, including 
not more than eighty-three permanent positions . 410,000 00 

Total, Department of Public Works $40,311,540 00 



Service of the Registry of Motor Vehicles. 

2924-01 For the service of the registry, including not more than nine hundred and 
seventy-nine permanent positions .... $5,327,381 00 

Total, Registry of Motor Vehicles $5,327,381 00 



278 Acts, 1958. — Chap. 434. 

Service of the Department of Public Safety. 
Division of State Police. 

Item 

2926-01 For the service of the division, including not more than six hundred and 
twenty-seven permanent positions .... $4,257,450 00 

2926-11 For the compensation of state police officers formerly in the service of the 
commonwealth, now retired ..... 48,770 00 

The comptroller is hereby authorized to transfer to the Highway Fund 
the sum of six hundred and thirty-two tliousand eight hundred and 
eighty dollars from the General Fund on account of the expenditures 
under the division of state police. 



Total, Department of Public Safety $4,306,220 00 



Service of the Metropolitan District Commission. 

The following items are to he paid with the approval of the Metropolitan 
District Commission: 

2931-01 For general administration, including not more than sixty-six permanent 
positions; provided, that the comptroller shall transfer to the Highway 
Fund seventy-five per cent of the cost of payments made undar this 
item from the Metropolitan District Commission Funds, to be assessed 
by methods fixed by law $346, 234' 00 

2931-04 This item postponed. 

2931-06 For the maintenance of boulevards and parkways, including the installa- 
tion of traffic lights and including Bunker Hill and the property ad- 
jacent, and for the maintenance of parks reservations and the Charles 
River basin, and for the payment of damages caused by defects in 
boulevards and parkways under the control of the commission m ith the 
approval of the attorney general, including the retirement of metro- 
politan police and veterans under the provisions of the General Laws, 
and including not more than one thousand and fifty-nine permanent 
positions; provided, that the comptroller shall transfer to the Highway 
Fund proportions of payments made under this item, as provided by sec- 
tion fifty-five of chapter ninety-two of the General Laws 8,059,351 00 

2931-14 This item postponed. 

2931-15 This item postponed. 



Total, Metropolitan District Commission $8,405,585 00 



APPROPRIATIONS MADE FROM THE INLAND FISHERIES AND GAME 

FUND. 

Service of the Department of Natural Resources. 

Division of Fisheries and Game. {It is hereby provided that federal funds 
received as reimbursements under the following items are to be credited 
as income to the Inland Fisheries and Game Fund): 

3304-01 For the service of the division, mcluding not more than thirteen perma- 
nent positions $123,212 00 

3304-06 For expenses of the board, as authorized by chapter twenty-one of the 
General Laws 2,100 00 

3304-31 For expenses of game farms and fish hatcheries, including not more than 
sixty-six permanent positions ..... 569,910 00 

3304-42 For the improvement and management of lakes, ponds and rivers, includ- 
ing not more than seven permanent positions . . 99,379 00 

3304-44 For the contribution of the department of natural resources towards a 
wild life co-operative research project, in accordance with a contract 
with the federal government, to be expended by the University of 
Massachusetts 7,600 00 



Acts, 1958. — Chap. 434. 279 

Item 

3304-45 For the establishment and maintenance of public fishing grounds, includ- 
ing not more than two permanent positions; provided, that none of 
the money appropriated under this item shall be used for the purchase 
of land $12,922 00 

3304-47 For certain stream surveys and inventory work, as authorized by chapter 
two hundred and seven of the acts of nineteen hundred and fifty-one, 
including not more than one permanent position; provided, that the 
comptroller shall transfer to the Inland Fisheries and Game Fund the 
sum of six thousand dollars from the General Fund . 54,485 00 

3304-51 For wild life research and management, including not m.ore than seven- 
teen permanent positions ...... 117,078 00 

3304-53 For expenses of establishing and conducting wild life restoration projects, 
as authorized by chapter three hundred and ninety-two of the acts of 
nineteen hundred and thirty-eight, including not more than twenty per- 
manent positions, prior appropriation continued . . 109,978 00 

3304-58 For the acquisition and improvement of certain land and public hunting 
and fishing grounds, prior appropriation continued 30,000 00 



Total $1,126,564 00 

Division of Law Enforcement. 

3308-05 For the payment of damages caused by wild deer and wild moose, includ- 
ing not more than one permanent position, prior appropriation con- 
tinued $11,004 00 

3308-07 For the supervision of public fishing and hunting grounds 7,884 00 



Total $18,888 00 



Total, Department of Natural Resources $1,146,452 00 



APPROPRIATION PAYABLE FROM THE AGRICULTURAL PURPOSES 

FUND. 

Service of the Department of Agriculture. 

Division of Plant Pest Control and Fairs. 

3809-21 For state prizes and agricultural exhibits, including allotment of funds 
for the 4-H activities; provided, that the comptroller shall transfer to 
the General P'und the sum of eleven thousand dollars from the Agricul- 
tural Rn-poses Fund $128,265 00 



Total, Department of Agriculture $128,265 00 



APPROPRIATIONS PAYABLE FROM THE MOSQUITO CONTROL FUND. 

Service of the State Reclamation Board. 

3901-00 For the expenses of mosquito control projects, as authorized by chapter 
three hundred and seventy-nine of the acts of nineteen hundred and 
thirty, as amended by section one of chapter two hundred and fifty of 
the acts of nineteen hundred and thirty-five, to be assessed in the cal- 
endar year nineteen hundred and fifty-eight . . $118,141 00 

3915-00 For the expenses of mosquito control projects, as authorized by chapter 
four hundred and fifty-six of the acts of nineteen hundred and forty- 
five, as amended by chapter seven hundred and thirty-four of the acts 
of nineteen hundred and fifty, to be assessed in the calendar year nine- 
teen hundred and fifty-eight 58,788 00 

3917-00 For the expenses of mosquito control projects, as authorized by chapter 
three hundred and forty-one of the acts of nineteen hundred and fifty- 
six, to be assessed in the calendar year nineteen hundred and fifty- 
eight 81,820 00 



280 

Item 

3919-00 



3920-00 



Acts, 1958. — Chap. 434. 



For the expenses of mosquito control projects, as authorized by chapter 
three hundred and seventy-one of the acts of nineteen hundred and 
fifty-seven, to be assessed in the calendar year nineteen hundred and 
fifty-eight $6,276 00 

For the expenses of mosquito control projects, as authorized by chapter 
five hundred and fourteen of the acts of nineteen hundred and fifty- 
seven, to be assessed in the calendar year nineteen hundred and fifty- 
eight 69,909 00 



Total, State Reclamation Board $334,934 00 



APPROPRIATIONS PAYABLE FROM THE STATE RECREATION AREAS 

FUND. 

Service of the Department of Natural Resources. 

Division of Forests and Parks. 

4010-01 For the service of the bureau of recreation, including not more than 
seventy permanent positions ..... $684,862 00 

Total, Department of Natural Resources $584,852 00 

Service of the Department of Public Works. 

4050-01 For the service of the division of public beaches, including not more than 
two permanent positions ...... $16,169 00 

4050-02 For the maintenance of Salisbury beach reservation, including net more 
than three permanent positions .... 114,914 00 

4050-03 For the care and maintenance of the province lands, including the bath- 
house, and of the lands acquired and structures erected by the Prov- 
incetovm tercentenary commission, including not more than five per- 
manent positions ...... 36,775 00 

4050-05 For the maintenance of Horseneck beach, including not more than one per- 
manent position, prior appropriation continued . . 98,824 00 

4050-06 For the maintenance of Scusset beach, prior appropriation contin- 
ued 36,940 00 



Total, Department of Public Works $303,612 00 



APPROPRIATION PAYABLE FROM THE SMOKE INSPECTION FUND. 

Service of the Department of Public Health. 

Division of Smoke Inspection. 
4311-01 For the service of the division, including not more than nine permanent 



positions 



$48,677 00 
Total, Department of Public Health $48,677 00 



Acts, 1958. — Chap. 434. 281 



APPROPRIATIONS PAYABLE FROM THE METROPOLITAN DISTRICT 
COMMISSION FUNDS. 

The following appropriations are to he assessed upon the several districts in 
accordance with the methods fixed by law, unless otherwise provided, and 
to be expended under the direction of the Metropolitan District Commission: 

Metropolitan Parks, General. 

Item 

8601-27 For certain payments for the use of facilities of the museum of 

science ......... $60,000 00 

8602-27 For the cost of suppressing the gypsy moth . . . 5,000 00 

8602-37 For the expenses of holding band concerts . . . 25,000 00 
8602-45 This item postponed. 



Total, MetropoUtan Parks, General $80,000 00 



Metropolitan Sewerage, North System. 

8702-00 For the maintenance and operation of a system of sewage disposal for the 
north metropolitan sewerage district, including retirement of vet- 
erans under the provisions of the General Laws, and including not 
more than three hundred and eighteen permanent positions for the 
north and south systems, partly chargeable to this item and to item 
8807-00 $1,264,940 00 

8702-10 For a certain payment, as authorized by chapter one hundred and one 
of the resolves of nineteen hundred and fifty-four; provided, that a 
sum equal to the payments under this item shall be assessed upon the 
north and south metropolitan sewerage districts according to methods 
fixed by law ........ 1,500 00 

8702-34 This item postponed. 



Total, Metropolitan Sewerage, North System $1,266,440 00 



Metropolitan Sewerage, South System. 

8807-00 For the maintenance and operation of the system of sewage disposal for 
the south metropolitan sewerage district, including retirement of vet- 
erans under the provisions of- the General Laws, and including certain 
permanent positions as enumerated in itam 8702-00; provided, that 
notwithstanding any other provision of law to the contrary, there 
shall be included a payment of six hundred and twenty-one dollars 
and twenty-two cents for a certain prior-year salary earned but not 
paid $1,155,255 00 

8807-26 This item omitted. 



Total, MetropoUtan Sewerage, South System $1,155,255 00 



Metropolitan Water System. 

8902-00 For the maintenance and operation of the metropolitan water system, 
including the retirement of veterans under the provisions of the Gen- 
eral Laws and including not more than five hundred and ninety-five 
permanent positions ...... $3,762,214 00 

8902-22 For emergency repairs to water mains, prior appropriation continued, 
e.xpires June thirtieth, nineteen hundred and sixty. 



282 Acts, 1958. — Chap. 434. 

Item 
8902-34 For the construction of additions and improvements to certain supply 

and distribution mxains, prior appropriation continued, expires June 

thirtieth, nineteen hundred and sixty. 
8902-42 This item postponed. 
8902-49 This item postponed. 
8902-83 This item postponed. 
8902-84 This item postponed. 



Total, Metrop'jlitan Water System $3,762,214 00 



LOCAL AID APPROPRIATIONS. 

The following appropriations are for reimhursements and grants to local 
governments and for certain other purposes, and are to he in addition to 
any unexpended balance of appropriations heretofore made for the purpose: 

APPROPRIATIONS MADE FROM THE GENERAL FUND. 

Ssrvice of the Judiciary. 

Superior Court. 
2603-01 This item postponed. 

Suffolk County Court House. 

2603-02 For reimbursing the city of Boston for thirty per cent of the cost of main- 
tenance of the Suffolk county court house, as provided by and subject 
to the conditions of section six of ctiapter four hundred and seventy- 
four of the acts of nineteen hundred and thirty-five; provided, that this 
appropriation shall not be construed as fixing ths specific amount for 
which the commonwealth shall be liable on account of said mainte- 
nance $270,000 00 



Total, Judiciary $270,000 00 



Boards and Conimissions serving under Governor and Council. 

Service of the State Housing Board. 

2604-02 For the reimbursement of housing authorities, as authorized by chapter 
six hundred and sixty-eight of the acts of nineteen hundred and fifty- 
three $95,400 00 

2604-03 For reimbursement to certain cities and towns, as provided by chapter 
two hundred of the acts of nineteen hundred and forty-eight, as 
amended 4,410,000 00 

2604-04 For the liquidation of certain abandoned housing projects, as ar.thorized 
bv chapter five hundred and ninety-five of the acts of nineteen hundred 
and fifty-five 388,357 00 

Total $4,893,767 00 

Service of the Commissioner of Veterans' Services. 

2604-06 For reimbursing cities and towns for money paid for veterans' benefits, 
as provided in section six of chapter one hundred and fifteen of the 
General Laws $4,120,000 00 



Total, Boards and Commissions serving under Governor and Council $9,013,757 00 



Acts, 1958. — Chap. 434. 283 

Service of the Department of Agriculture. 

Item Division of Livestock Disease Control. 

2609 -01 For the reimbursement of certain towns for compensation paid to inspectors 
of animals $5,000 00 



Total, Department of Agriculture $5,000 00 



Service of the Department of Natural Resources. 

Division of Forests and Parks. 

2610-01 For aiding towns in the purchase of equipment for extinguishing forest 
fires, as provided by section eleven of chapter forty of the General 
Laws $1,000 00 

2610-02 For reimbursement to certain towns for extinguishing forest fires, prior 
appropriation continued. 

2610-03 For the reimbursement to cities and towns of a proportion of their expenses 
for the suppression of insect pests, as provided by law, prior appropria- 
tion continued. 



Total $1,000 00 



Division of Marine Fisheries. 

2610-04 For the reimbursement to certain coastal cities and towns of a part of the 
cost of projects for the suppression of enemies of shellfish and for propa- 
gation, as authorized by section twenty of chapter one hundred and 
thirty of the General Laws; provided, that the expenditure by said 
cities and towns of funds herein provided shall not be subject to appro- 
priation as required by section fifty-three of chapter forty-four of the 
General Laws . . ' $20,000 00 

2610-06 For bounties on seals 150 00 



Total $20,150 00 



Total, Department of Natural Resources $21,150 00 



Service of the Department of Corporations and Taxation. 

Reimbursement for Loss of Taxes. 

2612-01 For reimbursing cities and towns for loss of taxes on land used for state 
institutions and certain other state activities, as certified by the com- 
missioner of corporations and taxation for the calendar year nineteen 
hundred and fifty-eight, for the reimbursement of certain towns as 
authorized by section seventeen B of chapter fifty-eight of the General 
Laws and for reimbursing certain towns as authorized by chapters 
seven hundred and one and five hundred and seventy-nine of the acts 
of nineteen hundred and fifty-six .... $800,000 00 

2612-02 For the reimbursement of cities and towns for abatements granted, as 
provided by section eight A of chapter fifty-eight and section fi\-e of 
chapter fifty-nine of the General Laws . . . 108,000 00 



Total $908,000 00 



Total, Department of Corporations and Taxation $908,000 00 



284 



Acts, 1958. — Chap. 434. 



Service of the Department of Education. 

Item 

2613-01 For reimbursement to cities and towns of a portion of the cost of a program 
for extended school services for certain children of certain employed 
mothers, as authorized by sections twenty-six A to twenty-six F, in- 
clusive, of chapter seventy-one of the General Laws . $3,000 00 

2613-02 For the reimbursement of certain cities and towns for sight saving classes, 
as provided by law, prior appropriation continued. 

2613-03 For assisting small towns in providing themselves with school super- 
intendents, as provided by law ..... 200,000 00 

2613-04 For the reimbursement of certain towns for the transportation of pupils 
as provided by law; provided, that a sum equivalent to the pay- 
ments under this it«m shall be transferred to the General Fund from 
the receipts of the income tax ..... 4,700,000 00 

2613-05 For the reimbursement of certain cities and towns for a part of the ex- 
penses of maintaining agricultural and industrial vocational schools, 
as provided by law 4,250,000 00 

2613-06 For reimbursement of certain cities and towns for adult English-speaking 
classes 105,000 00 

2613-07 For the reimbursement of certain towns for the transportation of pupils, 
as authorized by section eight A of chapter seventy-four of the Gen- 
eral Laws; provided, that a sum equivalent to the pajTnents under 
this item shall be transferred to the General Fund from the receipts 
of the income tax 100,000 00 

2613-18 This item postponed. 

Total $9,358,000 00 
School Building Assistance Commission. 

2613-08 For reimbursement of certain cities and towns for part of the cost of con- 
struction of school projects as authorized by chapter six hundred and 
forty-five of the acts of nineteen hundred and forty-eight as amended; 
provided, that a sum equivalent to the payments under this item 
shall be transferred to the General Fund from the receipts of the in- 
come tax $9,400,000 00 

School Lunch and Commodity Distribution Program. 

2613-09 For the reimbursement of cities and towns for partial assistance in the 
furnishing of lunches to school children, as authorized by chapter five 
hundred and thirty-eight of the acts of nineteen hundred and fifty-one, 
and if necessary for supplementing federal funds allocated for the 
special milk program; provided, that notwithstanding any provisions 
of law to the contrary, reimbursements so authorized to be paid from 
state funds shall not exceed fifty per cent of the total reimbursement 
authorized by the national school lunch act; and, provided further, that 
a sum equivalent to the pajinents under this item shall be transferred 
to the General Fund from the receipts of the income tax $900,000 00 

Education of Deaf and Blind Pupils. 

2613-10 For the reimbursement of certain cities and towns for day classes of the 
deaf and of the blind, as provided by sections twenty-eight and thirty- 
three of chapter sixty-nine of the General Laws . . $105,000 00 



Teachers' Retirement Board. 

2613-11 For reimbursement of certain cities and towns for pensions to retired 
teachers $2,275,000 00 

2613-16 For the payment of retirement assessments of teachers formerly in mili- 
tary or naval service, as authorized by section nine of chapter seven 
hundred and eight of the acts of nineteen hundred and forty-one, as 
amended, prior appropriation continued. 

Total $2,275,000 00 



Acts, 1958. — Chap. 434. 



285 



Division of Ymith Service. 



Item 



2613-12 For reimbursement of cities and towns for tuition of children attending 
public schools $1,600 00 

2613-15 For the reimbursement of cities and towns for part of the cost of employ- 
ing school adjustment counsellors, as authorized by section forty-six G 
of chapter seventy-one of the General Laws . . 196,000 00 



2619-01 
2619-02 
2619-03 
2619-04 
2619-05 

2619-06 

2619-07 

2619-08 
2619-09 



Total $197,600 00 



Total, Department of Education $22,235,600 00 



Service of the Department of Public Welfare. 

For the payment of suitable aid to certain dependent chil- 
dren $7,995,000 00 

For the burial by cities and towTis of indigent persons who have no legal 
settlement 10,000 00 

For expenses in connection with small pox and other diseases dangerous 
to the public health 100,000 00 

For the support of sick indigent persons who have no legal settle- 
ment 600,000 00 

For temporary aid given by cities and towns to indigent peisons with no 
legal settlement, and to shipwrecked seamen, and for the transportation 
of indigent persons under the charge of the department 2,000,000 00 

For the reimbursement of cities and towns for total and permanent dis- 
ability assistance, as provided by chapter one hundred and eighteen D 
of the General Laws 4,800,000 00 

For tuition in the public schools, including transportation to and from 
school, of children boarded by the department, for the twelve months 
ending June thirtieth, nineteen hundred and fifty-eight 620,000 00 

For reimbursement to cities and towns for old age assistance, as provided 
by law 34,500,000 00 

Notwithstanding the provisions of section ten of chapter sixty-four B of 
the General Laws regulating payments from receipts under said chap- 
ter to cities and towns, heretofore made T\'ithout appropriation, a sum 
not exceeding one million seven hundred and fifty thousand dollars is 
hereby appropriated from the General Fund for such payments, and 
the total amounts to be paid by the state treasurer on or before Novem- 
ber twentieth, nineteen hundred and fifty-eight, from the sum herein 
appropriated, shall be not less than one million seven hundred and fifty 
thousand dollars 2,500,000 00 



Total, Department of Public Welfare $53,125,000 00 



Service of the Department of Public Health. 

Bureau of Tuberculosis and Institutions. 

2620-01 For the payment of subsidies for tubercular patients in certain hos- 
pitals $304,000 00 



Total, Department of Public Health $304,000 00 



286 Acts, 1958. — Chap. 434. 

appropriations made from the highway fund. 

Service of the Department of Public Works. 

Highway Activities. 
Item 

2900-17 For projects for the construction and maintenance of town and county 
ways, as provided in subdivision two (a) of section thirty-four of chap- 
ter ninety of the General Laws; provided, that amounts made avail- 
able by this item in any fiscal year shall be available for expenditure 
in the succeeding fiscal year; and, further provided, that not less 
than three hundred thousand dollars of the sum herein appropriated 
shall be available for maintenance projects on said town and county 
ways . . . . . . . . . $5,000,000 00 

2900-18 For aiding cities and towns in the repair and improvement of public ways, 
as provided by section twenty-six of chapter eighty-one of the General 
Laws; except, that the state's contribution shall be at an annual rate 
not to exceed two hundred and seventy-five dollars per mile for the 
calendar year nineteen hundred and fifty-nine, the provisions of chap- 
ter six hundred and eighty-nine of the acts of nineteen hundred and 
forty-five and chapter seven hundred and six of the acts of nineteen 
hundred and forty-nine notwithstanding; and, provided, that the 
amount appropriated for the purpose in any fiscal year shall be available 
for expenditure in the succeeding fiscal j^ear . 2,600,000 00 



Total, Department of Public Works $7,600,000 00 



DEBT SERVICE APPROPRIATIONS. 

APPROPRIATIONS MADE FROM THE GENERAL FUND. 

Interest and Redemption of Debt. 

2410-00 For the jjayment of interest on the direct debt of the commonwealth, tc 
be in addition to the amount appropriated in item 2951-00, prior 
appropriation continued ...... $5,576,078 00 

2420-00 For certain serial boTids maturing, to be in addition to the amount appro- 
priated in item 2952-00, prior appropriation continued; provided, that 
to reimburse the General Fund for the cost of debt service on account 
of highway expenditures made in accordance with the provisions of 
chapter six hundred and eighty-nine of the acts of nineteen hundred 
and fifty-four, as amended, the comptroller shall transfer to the General 
Fund the sum of two hundred and forty-six thousand two hundred dol- 
lars from the Highway Fund 22,658,350 00 



Total, Interest and Redemption of Debt $28,234,428 00 



APPROPRIATIONS MADE FROIM THE HIGHWAY FUND. 

Interest and Redemption of Debt. 

2951-00 For the payment of interest on the direct debt of the comm.onwealth, to 
be in addition to the amount appropriated in item 2410-00, prior appro- 
priation continued $10,432,513 00 

2952-00 For certain serial bonds maturing, to be in addition to the amount appro- 
priated in item 2420-00, prior appropriation continued 24,769,100 00 



Total, Interest and Redemption of Debt $35,201,613 00 



Acts, 1958. — Chap. 434. 287 



APPROPRIATIONS PAYABLE FROM THE STATE RECREATION AREAS 

FUND. 

Item Interest and Redemption of Debt. 

4081-00 For the payment of interest on certain bonded debt of the commonwealth, 
to be in addition to any amounts otherwise available for the purpose, 
prior appropriation continued ..... $160,083 00 

4082-00 For certain serial bonds maturing, to be in addition to any amounts 
otherwise available for the purpose, prior appropriation con- 
tinued 370,000 00 

Total, Interest and Redemption of Debt $530,083 00 



Section 3. Wherever, in section two of this act, it is provided that 
transfers shall be made from a fund, account or receipts, of a specific 
sum, a percentage of payments, or a sum equivalent to payments, such 
transfers of a specific sum shall be made upon the effective date of this 
' act, and all others shall be made quarterly unless otherwise provided; 
except, that at the close of a fiscal year, the amount equivalent to pay- 
ments in a continuing account shall be construed to mean the amount 
of such appropriation. 

Section 4. No moneys appropriated under this act shall be expended 
for reimbursement for the expenses of meals for persons while traveling 
within or without the commonwealth at the expense thereof, unless such 
reimbursement is in accordance with rules and rates established in 
accordance with section twenty-eight of chapter seven of the General 
Laws. 

Section 5. The allowance to state employees for expenses incurred 
by them in the operation of motor vehicles owned by them and used in 
the performance of their official duties shall not exceed eight cents a 
mile. 

No payment shall be made or obligation incurred for the garaging 
of any passenger vehicle owned by the commonwealth and operated by 
an employee thereof as transportation from his place or places of em- 
ployment to the vicinity of his residence, and no payment shall be made 
or obligation incurred for the garaging of any motor vehicle in private 
garages under any circumstances except upon prior approval by the 
commission on administration and finance. 

Section 6. Amounts included for permanent positions in sums 
appropriated in section two for personal services are based upon sched- 
ules of permanent positions and salary rates as approved by the joint 
committee on ways and means, and, except as otherwise shown by the 
files of said committee, a copy of which shall be deposited with the 
division of personnel and standardization, no part of sums so appro- 
priated in section two shall be available for payment of salaries of any 
additional permanent position, or for payments on account of realloca- 
tions of permanent positions, or for payments on account of any change 
of salary range or compensation of any permanent position, notwith- 
standing any special or general act to the contrary; provided, that no 
vacancy occurring in any permanent position included in said schedules 
of permanent positions, excepting in the services of the legislature or the 
judiciary, or of institutions under the jurisdiction of the departments 
of mental health, correction, public welfare and public health, and the 



288 Acts, 1958. — Chap. 434. 

youth service board, the Soldiers' Home in Massachusetts, the Soldiers' 
Home in Holyoke and the University of Massachusetts, and excepting 
positions which are subject to appointment by the governor, with or 
without the consent of the council, may be filled in any manner without 
approval by the commission on administration and finance. 

Section 7. In addition to the payment of regular salaries, sums 
appropriated for personal services in the fiscal year nineteen hundred 
and fifty-nine shall be available for the payment of such other forms of 
compensation as may be due under existing statutes, or under the provi- 
sions of rules and regulations made in accordance with said statutes. 

Section 8. All federal subventions and grants available to the com- 
monwealth under any act of congress and not otherwise authorized to 
be received shall be paid into the treasury of the commonwealth; pro- 
vided, however, that apphcations for such subventions and grants, 
and for transfers within such subventions and grants, shall be subject 
to the approval of the commission on administration and finance. All 
federal subventions and grants received by the commonwealth may be 
expended without specific appropriation if such expenditures are other- ■ 
wise in accordance with law. 

Section 9. Notwithstanding the provisions of section fifty-one of 
chapter thirty of the General Laws, or any other provision of law, the 
state purchasing agent is hereby authorized during the fiscal year nine- 
teen hundred and fifty-nine to incur Uabihties and incidental expenses 
for the purchase of supplies, as provided by said section fifty-one, in- 
cluding material to be disposed of as surplus, so called, by the federal 
government through agencies of the federal government, in an amount 
not exceeding three hundred and fifty thousand dollars, in addition to 
any amount heretofore provided for the purpose, and the comptroller 
may certify for payment such incidental expenses and liabilities so 
incurred to an amount not exceeding three hundred and fifty thousand 
dollars, in addition to any amount heretofore provided for the purpose. 

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

Section 11. Notwithstanding the salary schedule adopted in chapter 
seven hundred and twenty-nine of the acts of nineteen hundred and 
fifty-six or any other provision of law, the rate of compensation of each 
officer and employee whose position is classified under the provisions 
of chapter thirty of the General Laws shall be limited to an increase not 
in excess of one thousand dollars per annum over the rate paid to such 
employee on September thirtieth, nineteen hundred and fifty-six; pro- 
vided, however, that any such employee may receive an increase in 
excess of one thousand dollars if said increase is the result of a step-in- 
range duly authorized by law; and, further provided, that on and after 
October first, nineteen hundred and fifty-seven, any officer or employee 
who has been prevented from receiving the maximum of his salary range 
by the provisions of section nine of chapter seven hundred and forty-six 
of the acts of nineteen hundred and fifty-six or of corresponding sections 
in succeeding appropriation acts shall, on completing a year of service 
at the rate of compensation as so limited, receive an annual increase of 



Acts, 1958. — Chap. 434. 289 

an amount equal to a step in range of the job group to which his title is 
assigned or an increase to the maximum of the range, whichever is the 
lesser. 

Section 12. Notwithstanding the provisions of paragraph (1) of 
section forty-six of chapter thirty of the General Laws, a salary differen- 
tial is hereby authorized to be paid, in accordance with rules and regu- 
lations to be established by the director of the division of personnel and 
standardization, with the approval of the commission on administration 
and finance, to employees in the nursing services who are emploj'ed on 
evening or night tours of duty, and the establishment of such rules and 
regulations shall not be subject to chapter thirty A of the General Laws. 

Section 13. The surplus property agency in the department of edu- 
cation is hereby authorized to expend during the fiscal year nineteen 
hundred and fifty-nine for the purposes of the surplus property agency 
fund, in addition to amounts available in said fund, an amount not 
exceeding fifty thousand dollars; provided, however, that no expenditure 
or commitment shall be incurred from the amount of the aforesaid fifty 
thousand dollar authorization in excess of amounts approved therefrom 
by the commission on administration and finance, at the written request 
of the surplus property agency; and, further provided, that any amounts 
expended or commitments incurred under this authorization shall be 
paid or provided for from receipts of said surplus property agency fund 
prior to the close of the fiscal year. 

Section 14. The effective date of the appropriation accounts, sub- 
sidiary accounts and authorizations in section two of this act shall be 
July first, nineteen hundred and fifty-eight. However, beginning June 
first, nineteen hundred and fifty-eight, obligations may be incurred 
against these appropriation accounts or subsidiary accounts, if any, 
thereunder, for items to be delivered or for services to be rendered on 
and after July first, nineteen hundred and fifty-eight; provided, they 
are in accordance with law and the amounts thereof do not exceed the 
amount of the appropriation account or subsidiary account. Where the 
allotment of an appropriation account or subsidiary account is a con- 
dition precedent to expenditure, the obligations shall not exceed the 
amount allotted for said appropriation account or subsidiary account. 
The certified copies of the schedules as provided for in section twenty- 
seven of chapter twenty-nine of the General Laws shall be filed with the 
comptroller and the budget commissioner to permit the effective opera- 
tion of this section on June first, nineteen hundred and fifty-eight. 
Where the allotment of an appropriation account or subsidiary account 
is required by law, allotments shall be made to permit the effective 
operation of this section on June first, nineteen hundred and fifty-eight. 

Section 15. Notwithstanding any provision of law to the contrary, 
during the entire fiscal year nineteen hundred and fifty-nine, for the 
payment of classified personal services, the fiscal year shall be from 
July first, nineteen hundred and fifty-eight, through June twenty- 
seventh, nineteen hundred and fifty-nine. Classified personal services 
for June twenty-eighth, twenty-ninth and thirtieth, nineteen hundred 
and fifty-nine, shall be charged to the next fiscal year. 

Section 16. Notwithstanding any law to the contrary, the unex- 
pended balances remaining on the books of account of the state comp- 
troller in accounts in the General Fund which are authorized by law 
to be carried forward to the succeeding fiscal year shall on June thir- 



290 Acts, 1958. — Chap. 435. 

tieth, nineteen hundred and fifty-eight, revert to the commonwealth, 
and the amounts of encumbrances outstanding in said accounts on 
June thirtieth, nineteen hundred and fifty-eight, sliall be transferred to 
the fiscal year nineteen hundred and fifty-nine. The amounts so revert- 
ing are hereby reappropriated for the fiscal year nineteen hundred and 
fifty-nine and shaU also be available for the payment of said encum- 
brances. 

Section 17. The budget commissioner is hereby directed to send a 
copy of sections three to fifteen, inclusive, of this act to each depart- 
mental, divisional and institutional head immediately following the 
passage of this act. 

Section 18. Sections one to thirteen of this act shall take effect on 
July first, nineteen hundred and fifty-eight; sections fourteen through 
seventeen shall take effect upon the passage of this act. 

Approved June SO, 1958. 



Chap. 435. An Act in addition to the general appropriation 

ACT, supplementing CERTAIN ITEMS CONTAINED THEREIN 
AND MAKING APPROPRIATIONS FOR THE FISCAL YEAR 
NINETEEN HUNDRED AND FIFTY-NINE FOR THE STATE 
AIRPORT MANAGEMENT BOARD, THE PORT OF BOSTON 
COMMISSION AND THE NEW BEDFORD STATE PIER. 

Be it enacted, etc., as follows: 

Section 1. To provide for supplementing certain items in the general 
appropriation act and for the maintenance of the services of the state 
airport management board, the port of Boston commission and the 
New Bedford state pier, the sums set forth in section two of this act, for 
the several purposes and subject to the conditions specified in said sec- 
tion two, are hereby appropriated from the General Fund, subject to 
the provisions of law regulating the disbursement of public funds and 
the approval thereof, for the fiscal year ending June thirtieth, nineteen 
hundred and fifty-nine, in this act referred to as the year nineteen hun- 
dred and fifty-nine, or for such period as may be specified. 

Section 2. 



STATE PURPOSES APPROPRIATIONS. 

APPROPRIATIONS MADE FROM THE GENERAL FUND. 
Boards and Comniissions serving under Governor and Council. 

State Airport Management Board. 
Item 
0492-01 For the service of the state airport management board, inchiding not 
more than eight permanent positions .... $48,059 00 
0493-01 For the operation of the Logan airport, including not more than one hun- 
dred and thirty-two permanent positions . 640,936 00 
0494-01 For the operation of the Hanscom field, including not more than eight 
permanent positions . ...... 37,692 00 

Total $726,687 00 



Acts,, 1958. — Chap. 435. 291 

Service of the Port of Boston Commission. 
Item 

0196-01 For expenses of administration, including not more than thirty-nine per- 
manent positions; provided, that no compensation or expense of con- 
sultants for legal services shall be chargeable to this item $192,640 00 

0496-02 For the operation and maintenance of property under the control of the 
commission, including not more than fiftj-four permanent posi- 
tions 192,648 00 



Total $385,288 00 



Service of the Department of Public Works. 

Division of Waf-envays. 

2202-07 For the operation and maintenance of the New Bedford state pier, in- 
cluding not more than three permanent positions . $15,051 00 



DEBT SERVICE APPROPRIATIONS. 
APPROPRIATIONS MADE FROM THE GENERAL FUND. 

Interest and Redemption of Debt. 

2410-00 For the payment of interest on the direct debt of the commonwealth, to 
be in addition to the amount appropriated in item 2951-00, prior ap- 
propriation continued ...... $235,463 00 

2420-00 For certain serial bonds maturing, to be in addition to the amount ap- 
propriated in item 2952-00, prior appropriation continued; provided, 
that to reimburse the General Fund for the cost of debt service on 
account of highway expenditures made in accordance with the pro- 
visions of chapter six hundred and eighty-nine of the acts of nineteen 
himdred and fifty-four, as amended, the comptroller shall transfer to 
the General Fund the sum of two hundred and forty-six thousand two 
hundred dollars from the Highway Fund . . . 1,120,000 00 



Total, Interest and Redemption of Debt $1,355,453 00 

Section 3. Wherever, in section two of this act, it is provided that 
transfers shall be made from a fund, account or receipts, of a specific 
sum, a percentage of payments, or a sum equivalent to payments, such 
transfers of a specific sum shall be made upon the effective date of this 
act, and all others shall be made quarterly unless otherwise provided; 
except, that at the close of a fiscal year, the amount equivalent to pay- 
ments in a continuing account shall be construed to mean the amount 
of such appropriation. 

Section 4. No moneys appropriated under this act shall be expended 
for reimbursement for the expenses of meals for persons while traveling 
within or without the commonwealth at the expense thereof, unless such 
reimbursement is in accordance with rules and rates established in 
accordance with section twenty-eight of chapter seven of the General 
Laws. 

Section 5. The allowance to state employees for expenses incurred 
by them in the operation of motor vehicles owned by them and used in 
the performance of their official duties shall not exceed eight cents a 
mile. 



292 Acts, 1958. — Chap. 435. 

No payment shall be made or obligation incurred for the garaging of 
any passenger vehicle owned by the commonwealth and operated by 
an employee thereof as transportation from his place or places of em- 
ployment to the vicinity of his residence, and no payment shall be made 
or obligation incurred for the garaging of any motor vehicle in private 
garages under any circumstances except upon prior approval by the 
commission on administration and finance. 

Section 6. Amounts included for permanent positions in sums 
appropriated in section two for personal services are based upon schedules 
of permanent positions and salarj^ rates as approved by the joint com- 
mittee on ways and means, and, except as otherwise shown by the files 
of said committee, a copy of which shall be deposited with the division 
of personnel and standardization, no part of sums so appropriated in 
section two shall be available for payment of salaries of any additional 
permanent position, or for payments on account of reallocations of 
permanent positions, or for payments on account of any change of salary 
range or compensation of any permanent position, notwithstanding 
any special or general act to the contrary; provided, that no vacancy 
occurring in any permanent position included in said schedules of perma- 
nent positions, excepting in the services of the legislature or the judi- 
ciary, or of institutions under the jurisdiction of the departments of 
mental health, correction, public welfare and public health, and the 
youth service board, the Soldiers' Home in Massachusetts, the Soldiers' 
Home in Holyoke and the University of Massachusetts, and excepting 
positions which are subject to appointment by the governor, with or 
without consent of the council, may be filled in any manner without 
approval by the commission on administration and finance. 

Section 7. In addition to the payment of regular salaries, sums 
appropriated for personal services in the fiscal year nineteen hundred 
and fifty-nine shall be available for the payment of such other forms of 
compensation as may be due under existing statutes, or under the pro- 
visions of rules and regulations made in accordance with said statutes. 

Section 8. All federal subventions and grants available to the com- 
monwealth under any act of congress and not otherwise authorized to 
be received shall be paid into the treasury of the commonwealth; pro- 
vided, however, that applications for such subventions and grants, and 
for transfers within such subventions and grants, shall be subject to the 
approval of the commission on administration and finance. All federal 
subventions and grants received by the commonwealth may be expended 
without specific appropriation if such expenditures are otherwise in 
accordance with law. 

Section 9. Notwithstanding the provisions of section fifty-one of 
chapter thirty of the General Laws, or any other provision of law, the 
state purchasing agent is hereby authorized during the fiscal year nine- 
teen hundred and fifty-nine to incur liabilities and incidental expenses 
for the purchase of supplies, as provided by said section fifty-one, in- 
cluding material to be disposed of as surplus, so called, by the federal 
government through agencies of the federal government, in an amount 
not exceeding three hundred and fifty thousand dollars, in addition to 
any amount heretofore provided for the purpose, and the comptroller 
may certify for payment such incidental expenses and liabilities so in- 
curred to an amount not exceeding three hundred and fifty thousand 
dollars, in addition to any amount heretofore provided for the purpose. 



Acts, 1958. — Chap. 435. 293 

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

Section 1 1 . Notwithstanding the salary schedule adopted in chapter 
seven hundred and twenty-nine of the acts of nineteen hundred and 
fifty-six or any other provision of law, the rate of compensation of each 
officer and employee whose position is classified under the provisions of 
chapter thirty of the General Laws shall be limited to an increase not 
in excess of one thousand dollars per annum over the rate paid to such 
employee on September thirtieth, nineteen hundred and fifty-six; pro- 
vided, however, that any such employee may receive an increase in 
excess of one thousand dollars if said increase is the result of a step-in- 
range duly authorized by law; and, further provided, that on and after 
October first, nineteen hundred and fifty-seven, any officer or employee 
who has been prevented from receiving the maximum of his salary range 
by the provisions of section nine of chapter seven hundred and forty-six 
of the acts of nineteen hundred and fifty-six or of corresponding sections 
in succeeding appropriation acts shall, on completing a year of service 
at the rate of compensation as so limited, receive an annual increase of 
an amount equal to a step in range of the j ob group to which his title is 
assigned or an increase to the maximum of the range, whichever is the 
lesser. 

Section 12. Notwithstanding the provisions of paragraph (1) of 
section forty-six of chapter thirty of the General Laws, a salary differen- 
tial is hereby authorized to be paid, in accordance with rules and regu- 
lations to be established by the director of the division of personnel 
and standardization, with the approval of the commission on adminis- 
tration and finance, to employees in the nursing services who are em- 
ployed on evening or night tours of duty, and the establishment of such 
rules and regulations shall not be subject to chapter thirty A of the 
General Laws. 

Section 13. The surplus property agency in the department of edu- 
cation is hereby authorized to expend during the fiscal year nineteen 
hundred and fifty-nine for the purposes of the surplus property agency 
fund, in addition to amounts available in said fund, an amount not 
exceeding fifty thousand dollars; provided, however, that no expendi- 
ture or commitment shall be incurred from the amount of the aforesaid 
fifty thousand dollar authorization in excess of amounts approved 
therefrom by the comm.ission on administration and finance, at the 
Avritten request of the surplus property agency; and, further provided, 
that any amounts expended or commitments incurred under this author- 
ization shall be paid or provided for from receipts of said surplus property 
agency fund prior to the close of the fiscal year. 

Section 14. The effective date of the appropriation accounts, sub- 
sidiary accounts and authorizations in section two of this act shall be 
July first, nineteen hundred and fifty-eight. However, beginning June 
first, nineteen hundred and fifty-eight, obligations may be incurred 
against these appropriation accounts or subsidiary accounts, if any, 
thereunder, for items to be delivered or for services to be rendered on 
and after July first, nineteen hundred and fifty-eight; provided, they 



294 Acts, 1958. — Chap. 436. 

are in accordance with law and the amounts thereof do not exceed the 
amount of the appropriation account or subsidiary account. Where 
the allotment of an appropriation account or subsidiary account is a 
condition precedent to expenditure, the obligations shall not exceed the 
amount allotted for said appropriation account or subsidiary account. 
The certified copies of the schedules as provided for in section twenty- 
seven of chapter twenty-nine of the General Laws shall be filed with 
the comptroller and the budget commissioner to permit the effective 
operation of this section on June first, nineteen hundred and fifty-eight. 
Where the allotment of an appropriation account or subsidiary account 
is required by law, allotments shall be made to permit the effective 
operation of this section on Jime first, nineteen hundred and fifty-eight. 

Section 15. Notwithstanding any provision of law to the contrary, 
during the entire fiscal year nineteen hundred and fifty-nine, for the 
payment of classified personal services, the fiscal year shall be from 
July first, nineteen hundred and fifty-eight, through June twenty- 
seventh, nineteen hundred and fifty-nine. Classified personal services 
for June twenty-eighth, twenty-ninth and thirtieth, nineteen hundred 
and fifty-nine, shall be charged to the next fiscal year. 

Section 16. Notwithstanding any law to the contrary, the unex- 
pended balances remaining on the books of account of the state comp- 
troller in accounts in the General Fund which are authorized by law to 
be carried forward to the succeeding fiscal year shall on June thirtieth, 
nineteen hundred and fifty-eight, revert to the commonwealth, and the 
amounts of encumbrances outstanding in said accounts on June thir- 
tieth, nineteen hundred and fifty-eight, shall be transferred to the fiscal 
year nineteen hundred and fifty-nine. The amounts so reverting are 
hereby reappropriated for the fiscal year nineteen hundred and fifty-nine 
and shall also be available for the payment of said encumbrances. 

Section 17. The budget commissioner is hereby directed to send a 
copy of sections three to fifteen, inclusive, of this act to each depart- 
mental, divisional and institutional head immediately following the 
■ passage of this act. 

Section 18. Sections one to thirteen of this act shall take effect on 
July first, nineteen hundred and fifty-eight; sections fourteen through 
seventeen shall take effect upon the passage of this act. 

Approved June SO, 1968. 

Chap. 436. An Act relative to the disposition of certain funds 
authorized to be raised for the alleviation of cer- 
tain financial burdens imposed by the rains of 
august eighteenth and nineteenth and october 
fifteenth, sixteenth and seventeenth, 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 extend the time within which certain unencumbered 
funds remaining in the hands of the commission on administration and 
finance on June thirtieth, nineteen hundred and fifty-eight, may be 
used for the purpose of alleviating financial burdens imposed by the 
rains of August eighteenth and nineteenth and October fifteenth, six- 
teenth and seventeenth, nineteen hundred and fifty-five, and by the 



Acts, 1958. — Chap. 437. 295 

floods caused by said rains, 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. For the purpose of making available for expenditure 
certain balances of funds authorized by chapter two hundred and eight 
of the acts of nineteen hundred and fifty-six, which would otherwise 
revert on June thirtieth, nineteen hundred and fifty-eight, under the 
provisions of section two of said chapter two hundred and eight, as 
amended by chapter four hundred and fifty-five of the acts of nineteen 
hundred and fifty-seven, the sum of seven hundred and eighty thousand 
dollars is hereby made available for expenditure until June thirtieth, 
nineteen hundred and fifty-nine. 

Section 2. Section 2 of chapter 730 of the acts of 1957 is hereby 
amended by striking out, in line 7, the word "ten" and inserting in 
place thereof the word: — eight. Apprvved June SO, 1958. 

Chap. 437. An Act extending the period of time during which 

PERSONS attending INDUSTRIAL RETRAINING OR OTHER 
VOCATIONAL COURSES MAY RECEIVE UNEMPLOYMENT BEN- 
EFITS. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to provide without delay the extension of benefits for 
unemployed persons taking certain courses, thereby alleviating the prob- 
lems of unemployment now existing throughout the commonwealth, 
therefore it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 24 of chapter 151 A of the General Laws, as 
amended by section 8 of chapter 763 of the acts of 1951, is hereby fur- 
ther amended by adding at the end the following paragraph : — 

An individual who is certified as attending an industrial retraining 
course or other vocational training course as provided under section 
thirty shall be deemed to be available for work under clause (b) of the 
first paragraph of this section. 

Section 2. Said chapter 151A is hereby further amended by strik- 
ing out section 30, as most recently amended by section 6 of chapter 719 
of the acts of 1956, and inserting in place thereof the following section: — 
Section 30. The total benefits which an unemployed individual may re- 
ceive during his benefit year shall be an amount equal to thirty-four per 
cent of his wages in the base period, or an amount equal to twenty-six 
times his benefit rate, whichever is the lesser, plus dependency benefits 
payable under section twenty-nine. If such amount includes a frac- 
tional part of a dollar, it shall be raised to the next highest dollar. 

Notwithstanding the provisions of this section, the total benefits 
which an unemployed individual may receive shall be extended by 
eighteen times his benefit rate if such individual is certified as attending 
an industrial retraining course provided by the department of education 
of the commonwealth in a vocational school of the commonwealth or a 
political subdivision thereof or such other vocational training course 



296 Acts, 1958. — Chaps. 438, 439. 

which in the opinion of the director will serve as a means of reahzing 
employment; provided, that such additional benefits shall be paid to 
the individual only while attending such course; and provided, further, 
that any benefits paid to an individual under the provisions of this para- 
graph which would not be chargeable to the account of any particular 
employer under the provisions of section fourteen shall be charged to 
the solvency account. Approved June 30, 1958. 

Chap. 438. An Act authorizing the designation of certain 
clergymen to solemnize certain specified marriages. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to extend forthwith the authority of the governor 
relative to the designation of certain ministers of the gospel and rabbis 
to perform marriages, 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: 

Chapter 207 of the General Laws is hereby amended by striking out 
section 39, as appearing in the Tercentenary Edition, and inserting in 
place thereof the following section : — Section 39. The governor may 
in his discretion designate a justice of the peace in each town and such 
further number, not exceeding one for every five thousand inhabitants 
of a city or town, as he considers expedient, to solemnize marriages, 
and may for cause at any time revoke such designation. The state 
secretary, upon payment of five dollars to him by a justice of the peace 
so designated, shall issue to him a certificate of such designation. The 
governor may also in his discretion designate any minister of the gospel 
or rabbi, irrespective of his place of residence, to solemnize any specified 
marriage, and the state secretary shall issue to him a certificate of such 
designation. A minister or rabbi so designated, after qualifying under 
said certificate, may solemnize said marriage in any place within the 
commonwealth. Approved July 1, 1958. 

Chap. 439. An Act authorizing the director of the division 
OF employment security to enter into certain 

AGREEMENTS WITH THE UNITED STATES IN ORDER TO 
OBTAIN ADDITIONAL BENEFITS FOR CERTAIN UNEMPLOYED 
PERSONS. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to alleviate immediately the distress of the unem- 
ployed by authorizing the director of the division of employment 
security to enter into agreements with the United States whereby addi- 
tional benefits will be paid to certain unemployed persons, therefore 
it is hereby declared to be an emergency law, necessary for the imme- 
diate preservation of the public welfare and convenience. 

Be it enacted, etc., as follows: 

The director of the division of employment security is hereby author- 
ized to enter into an agreement with the Secretary of Labor of the 
United States under which the director may make payments of benefits 
as compensation for wage losses due to unemployment in accordance 



Acts, 1958. — Chaps. 440, 441. 297 

with the terms and provisions of chapter one hundred and fifty-one A 
of the General Laws for an additional period not to exceed fifty per cent 
of the amount specified in section thirty of said chapter one hundred 
and fifty-one A to those individuals who, after June thirtieth, nineteen 
hundred and fifty-seven, have exhausted their benefits, and may make 
such arrangements as may be necessary to obtain funds from the 
United States or any agency thereof to carry out these purposes. The 
director is hereby authorized to receive and disburse such funds in 
accordance with any agreement executed pursuant to this act. 

Approved July 1, 1958. 



Chap. 440. An Act prohibiting the hunting of certain wild 
or undomesticated birds. 

Be it enacted, etc., as follows: 

Chapter 131 of the General Laws is hereby amended by striking out 
section 53, as amended by chapter 172 of the acts of 1947, and inserting 
in place thereof the following section : — Section 53. Whoever, except 
as otherwise provided in this chapter, hunts or has in his possession a 
wild or undomesticated bird, except an English sparrow, bronzed or 
purple grackle (crow blackbird), crow, jay or starling, or wilfully de- 
stroys, disturbs or takes a nest or eggs of any wild or undomesticated 
bird, except such as are not protected by this section, shall be punished 
by a fine of not less than twenty nor more than fifty dollars for each bird 
taken, killed or had in possession or for each nest or egg disturbed, 
destroyed, possessed or taken, or, in case the complaint relates only to 
hunting, by a fine of not less than twenty nor more than fifty dollars 
for the offence; but an owner or tenant of land, or, if authorized by 
such owner or tenant, any member of his family or person permanently 
employed thereon, may kill or attempt to kill any wild bird which he has 
reasonable cause to believe has damaged or is about to damage any 
property, including domesticated animals, poultry and game on game- 
rearing farms or preserves, and a person who has a certificate from the 
director that he is engaged in the scientific study of ornithology or is 
collecting in the interests of a scientific institution may at any time 
take or kill, or take the nests or eggs of, a wild or undomesticated bird, 
except woodcock, ruffed grouse and quail. This section shall not au- 
thorize a person to enter upon private grounds without the consent of 
the owner thereof for the purpose of taking nests or eggs or killing birds. 
No city, town, county or private organization shall offer or pay bounties 
for the killing or taking of any bird. Approved July 1, 1958. 

Chap. 441. An Act relative to the approval of certain pro- 
posed CORPORATIONS. 

Be it enacted, etc., as follows: 

Chapter 155 of the General Laws is hereby amended by inserting 
after section 2A, inserted by chapter 490 of the acts of 1955, the follow- 
ing section: — Section 2B. Before approving articles of organization 
in connection with the proposed incorporation of a dispensary or clinic, 
hospital, sanatorium, convalescent or nursing home, infirmary, rest 



298 Acts, 1958. — Chap. 442. 

home, or like institution requiring a license from the department of 
public health or before approving an amendment to such articles of 
organization of an existing corporation which will give it such power, 
the commissioner of corporations and taxation shall refer such articles 
or amendments thereto to the department of public health, which shall 
immediately make an investigation as to the applicants for incorpora- 
tion, the corporation or the petitioners, as the case may be, and the 
purposes thereof, and of all material facts, including facts tending to 
show that the probable purpose is to cover any illegal busmess, or that 
the applicants, corporation or petitioners are not suitable persons from 
lack of financial ability or from any other cause, and facts as to the 
present need for an organization with such purposes at the time and 
place and with respect to the special circumstances set forth in such 
articles, amendment or petition. The department of public health shall 
give the applicant or applicants a public hearing, notice of which shall 
be published once a week for three successive weeks in some paper pub- 
hshed in the county where the corporation has or is to have its principal 
office or rooms, and if said office or rooms are to be in Boston, in some 
Boston daily paper, the last publication to be at least three days before 
the day set for the hearing. After such hearing, the commissioner of 
public health shall make findings of fact as to such purposes, need and 
suitability, and in accordance therewith shall approve or disapprove 
such articles, amendment or petition. Thereupon he shall report such 
findings and action to the commissioner of corporations and taxation. 
If the commissioner of public health approves the articles, amendment 
or petition, the commissioner of corporations and taxation shall accept 
the findings of fact made and reported to him by the commissioner of 
public health. If the commissioner of public health disapproves the 
apphcation, the commissioner of corporations and taxation shall refuse 
to approve the articles of organization, amendment, or petition, as the 
case may be. If he refuses, the applicant or applicants may appeal to 
the superior court, which shall hear the case and finally determine 
whether or not the articles of organization or an amendment thereof 
shall be approved. For the purposes of such appeal, failure by the de- 
partment of public health to report to the commissioner of corporations 
and taxation within three months after the date of reference to it by 
him of articles, an amendment, or petition, as herein provided, shall be 
deemed to be a report to him with disapproval by the commissioner of 
public health, and failure of the commissioner of corporations and 
taxation to approve or disapprove articles, an amendment, or petition, 
within four months after their original submission to him by the appli- 
cant or applicants shall be deemed to be a refusal by him to approve 
them. Approved July 1, 1958. 



Chap. 442. An Act providing that a certificate of record of a 
label shall be cancelled after twenty years unless 
the same is renewed. 

Be it enacted, etc., as follows: 

Section 1. Section 8 of chapter 110 of the General Laws, as appear- 
ing in the Tercentenary Edition, is hereby amended by adding at the 
end the following paragraph: — 



Acts, 1958. — Chap. 443. 299 

When any label shall have been recorded for twenty years, or when 
twenty years has elapsed from the date of the last renewal thereof, the 
secretary shall give notice to the owner or assignee of record thereof by 
registered mail that the said certificate of record will be cancelled if it is 
not renewed within six months after the date of such notice, and shall 
cancel any such certificate of record which is not renewed as hereinafter 
provided. Said owner or assignee of record of such label may renew 
the same upon the filing within said six months of an application for 
renewal accompanied by a renewal fee of ten dollars and by a written 
declaration, sworn to by or on behalf of said owner or assignee, that the 
label has not been abandoned. The secretary shall thereupon issue a 
certificate of such renewal. 

Section 2. The provisions of this act shall apply to certificates of 
record issued before as well as after the effective date hereof. 

Approved July 1, 1958. 



Chap. 443, An Act transferring the control and maintenance 
OF the drawbridge over broad canal at first street 

in the city of CAMBRIDGE TO THE METROPOLITAN DIS- 
TRICT COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The state department of public works is hereby author- 
ized and directed to transfer to the metropohtan district commission 
the control and maintenance of the drawbridge over Broad Canal at 
First street in the city of Cambridge. 

Section 2. All persons regularly employed in the operation of said 
drawbridge and the drawbridge over said Broad Canal at Third street 
in said city of Cambridge on the date of the transfer, as provided in 
section one, shall be transferred to the service of the metropolitan 
district commission without impairment of their civil service, retirement 
or other rights, including vacation or sick leave, and at a rate of com- 
pensation equal to that paid by the commission to its employees in 
positions similar to the one from which the employee is transferred' 
provided, that in no case shall the salary of any person so transferred be 
reduced below the amount of his salary on the date of such transfer 
and that the classification and salaries of the positions of the employees 
so transferred shall be established by the division of personnel. 

It is hereby further provided that employees transferred to the service 
of the metropolitan district commission under this section shall also 
operate the drawbridge over said Broad Canal at Third street in said 
city and that the city of Cambridge shall reimburse the commission for 
one third of the cost of the salaries of the positions of the employees 
engaged in the operation of said drawbridges on and after the effective 
date of this act. 

Section 3. On and after the effective date of this act the care, con- 
trol, maintenance and pohcing of that portion of Commercial avenue 
in the city of Cambridge which lies between Lechmere Canal and First 
street and of that portion of First street between Commercial avenue 
and Broad Canal shall be vested in the metropolitan district commission. 

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

Approved July 1, 1968. 



300 Acts, 1958. — Chaps. 444, 445, 446. 

Chap. 444. An Act providing for notice by registered mail 
to a defendant of the service of process on the 

state secretary in CERTAIN CASES. 

Be it enacted, etc., as follows: 

Section 5 of chapter 227 of the General Laws is hereby amended by 
striking out the last two sentences, as appearing in chapter 360 of the 
acts of 1955, and inserting in place thereof the two following sentences: — 
If such individual or partnership fails to appoint an agent and does 
business in this commonwealth, service of process, m duplicate, may be 
made upon the state secretary. The secretary shall, upon a payment 
of a fee of five dollars by the plaintiff, give notice to the defendant of 
said action by maihng by registered mail, return receipt requested, a 
copy of the legal process to the defendant's last known address which 
shall be furnished to the secretary by the plaintiff or his attorney. 

Approved July 1, 1958. 

Chap. 445. An Act authorizing the transfer of a certain 

PARCEL of park LAND 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, free from all restrictions, to 
the board of trustees of the free public library of said city, a certain 
parcel of land in said city acquired for park or other recreational pur- 
poses, and bounded and described as follows: — 

Begmning at the point of intersection of the westerly line of Rockdale 
Avenue with the southerly line of Lake Street; thence westerly in said 
southerly line of Lake Street a distance of two hundred twenty-five (225) 
feet to a point; thence southerly in a line, parallel to and two hundred 
twenty-five (225) feet from the westerly fine of Rockdale Avenue a dis- 
tance of two hundred twenty-five (225) feet to a point ; thence easterly 
in a line, parallel to and two hundred twenty-five (225) feet from the 
southerly fine of Lake Street, a distance of two hundred twenty-five 
(225) feet to a point in the westerly fine of Rockdale Avenue; thence 
northerly in said westerly line of Rockdale Avenue a distance of two 
hundred twenty-five (225) feet to the point of beginning; containing 
50,625 square feet, being a portion of Buttonwood 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 pro- 
visions of its charter, but not otherwise. Approved July 1, 1958. 

Chap. 446. An Act authorizing the town of lenox to sell and 
convey a certain parcel of land in said town. 

Be it enacted, etc., as follows: 

Section 1 . The town of Lenox, acting by its board of selectmen, is 
hereby authorized, in consideration of the payment of one hundred 
dollars, to sell and convey to Donald Cande, also known as Donald P. 
Cande, and Kathleen A. Cande, husband and wife, both of Lenox, a cer- 



Acts, 1958. — Chaps. 447, 448. 301 

tain parcel of land therein, acquired by said to\vn for park and play- 
ground purposes, bounded and described as follows : — Beginning at an 
iron pipe marking the Northwesterly corner of Parcel 2 of land con- 
veyed by Frederick Cande to Donald Cande and Kathleen A. Cande by 
deed dated May 12, 1953 and recorded in Berkshire Middle District 
Registry of Deeds in Book 596, Page 465; thence running South- 
westerly along the Northwesterly line of land of said Donald Cande and 
Kathleen A. Cande one hundred seventy-five feet; thence running 
Northwesterly at right angles forty feet to a point; thence running 
Northeasterly at right angles and parallel to the course first above 
described one hundred fifty-five feet to a point; thence running South- 
easterly at right angles twenty feet to a point; thence running North- 
easterly at right angles and parallel to the course first above described 
forty feet to a point; thence running Southeasterly at right angles 
sixty-five and seventeen one-hundredths feet to a point hi the Northerly 
line of land of said Donald Cande and Kathleen A. Cande; thence 
running Westerly along said Northerly line of land of said Donald 
Cande and Kathleen A. Cande forty-nme and forty one-hundredths feet 
to the place of beginning. Being a portion of the so-called Aspinwall 
property purchased by the Town for Park and Playground purposes 
from Edward M. O'Connor et als., by deed dated July 31, 1956 and 
recorded in the Berkshire Middle District Registry of Deeds in Book 644, 
Page 338, and by corrective deed dated June 8, 1957 and recorded in said 
Registry of Deeds in Book 657, Page 188. 
Section 2. This act shall take effect upon its passage. 

Approved July 1, 1958. 

Chap. 447. An Act authorizing the town of lenox to borrow 
money for water purposes. 

Be it enacted, etc., as follows: 

Section 1. The town of Lenox, for the purpose of constructing a 
new dam and reservoir at the desilting reservoir site, may borrow from 
time to time, within three years from the passage of this act, such sums 
as may be necessary not exceeding, in the aggregate, one hundred and 
fifty-five thousand dollars, and may issue bonds or notes of the town 
therefor which shall bear on their face the words, Lenox Water Loan, 
Act of 1958. Each authorized issue shall constitute a separate loan and 
such loans shall be payable in not more than thirty years from their 
dates. Indebtedness incurred under this act shall be within the limit of 
the amount prescribed by the last paragraph of section eight of chapter 
forty-four of the General Laws, and, except as otherwise provided 
herein, shall be subject to the provisions of said chapter. 

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

Approved July 1, 1958. 

Chap. 448. An Act designating a portion of the southeast 

expressway as the general CASIMIR PULASKI SKYWAY. 

Be it enacted, etc., as follows: 

Section 1. The highway known as the Southeast Expressway 
beginning at Northampton traffic circle and ending at Neponset circle 



302 Acts, 1958. — Chaps. 449, 450, 451. 

in the city of Boston shall be designated and known as the General 
Casimir Pulaski Skyway, in recognition of General Pulaski's illustrious 
service in the war for American independence. The department of 
pubhc works is hereby authorized and directed to erect along said sky- 
way suitable markers bearing said designation. 

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

Approved July 1, 1958. 



Chap. 449. An Act relative to blood tests in order to control 
brucellosis of cattle imported into the common- 
WEALTH. 

Be it enacted, etc., as follows: 

Chapter 129 of the General Laws is hereby amended by striking out 
section 36F, inserted by section 4 of chapter 527 of the acts of 1956, 
and inserting in place thereof the following section : — Section 36F. 
The director, his authorized agent or a veterinarian designated by the 
director shall make by random selection such blood tests for brucellosis 
of all cattle imported into the commonwealth which are over six months 
of age and unvaccinated or over thirty months of age whether or not 
officially vaccinated, as will effectively control brucellosis. 

Approved July 1, 1958. 

Chap. 450. An Act providing for the designation of a children's 
playground in the city of somerville as the john 
j. murphy playground. 

Be it enacted, etc., as follows: 

Section 1. The children's playground at Saxton C. Foss Park in the 
city of Somerville is hereby designated as the John J. Murphy Play- 
ground in honor of John J. Murphy of said city, who lost his life during 
the invasion of Guadalcanal in World War II, The metropohtan dis- 
trict commission is hereby authorized and directed to place and erect 
a suitable tablet or marker thereon. 

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

Approved July 2, 1958. 

Chap. 451. An Act authorizing the city of malden to fund 
certain indebtedness. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of providing funds to meet the'Metro- 
poUtan Transit Authority deficit assessed against the city of Maiden in 
nineteen hundred and fifty-eight, in the sum of four hundred and ninety- 
four thousand dollars, the citj'- of Maiden may borrow during the current 
year such sums not exceeding in the aggregate four hundred and ninety- 
four 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 1958. Each authorized issue shall constitute a 
separate loan, and such loans shall be payable in not more than three 
years from their dates. Indebtedness incurred under this act shall be 



Acts, 1958. — Chaps. 452, 453, 454. 303 

outside its debt limit as fixed 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 July 2, 1958. 



Chap. 452. An Act validating the acts and proceedings at the 
adjourned sessions of the annual town meeting 
of the town of norwood in the year nineteen 
hundred and fifty-eight. 

Be it enacted, etc., as follows: 

Section 1. The acts and proceedings of the town of Norwood at the 
adjourned sessions of the annual town meeting, held on April twenty- 
eighth and twenty-ninth in the current year, and all acts done in pursu- 
ance thereof, are hereby confirmed and declared valid, notwithstanding 
the failure to give notice of the adjournments as required by law or the 
by-laws of said town, to the same extent as if the said adjourned sessions 
had been called, held, conducted and adjourned in strict compliance 
with the law and said by-laws. 

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

Approved July 8, 1958. 

Chap. 453. An Act renaming certain portions of the savoy 
state forest and related areas which are situated 
within the town of florida. 

Be it enacted, etc., as follows: 

Those portions of the Savoy State Forest, the Savoy recreational 
area, the Monroe Lookout, the Monroe State Forest, which are situated 
in the town of Florida shall hereafter be known and designated as the 
Florida State Forest, the Florida Recreational Area, the Florida Look- 
out and the Florida State Forest. Approved July 8, 1958. 

Chap. 454. An Act further extending the corporate existence 
of johnson securities company. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of section seven of chapter one hun- 
dred and fifty-six of the General Laws, Johnson Securities Company, 
whose term was continued for one year from July eighth, nineteen hun- 
dred and fifty-eight by chapter three hundred and ninety-eight of the 
acts of the current year, shall continue to be a corporation for a further 
term of fifty years from July eighth, nineteen hundred and fifty-nine, 
and shall during such further term have the powers and privileges and 
be subject to the duties, liabilities and restrictions set forth in its charter 
and in all general laws now or hereafter in force relating to such cor- 
porations. Approved July 8, 1958, 



304 Acts, 1958. — Chap. 455. 

Chap. 455. An Act authorizing the east weymouth cemetery 

SOCIETY TO sell AND CONVEY A PORTION OF ITS REAL 
PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. The East Weymouth Cemetery Society, a duly organ- 
ized cemetery corporation, hereinafter called the Society, may, subject 
to the provisions of section twelve of chapter two hundred and four of 
the General Laws, by deed duly executed and acknowledged in the 
name of and on behalf of the Society by its president and treasurer or 
any other officer or officers authorized by a vote of the members of the 
said Society, in accordance with the provisions of its by-laws, to act 
for and in behalf of said Society, convey and transfer, free and clear 
of any and all trusts and cemetery uses, to any person or persons, 
partnership, corporation or other business association, a certain por- 
tion of its real property at private sale or public auction, for a sum to 
be determined by the directors of said Society to be just and equitable, 
subject, how^ever, to the ratification of the said conveyance and trans- 
fer as provided in section two. Said portion shall consist of 

A certain parcel of land situated in that part of Weymouth known 
as East Weymouth, being shown as "A" on "Plan of Land in Wey- 
mouth, Norfolk County, Mass., Dec. 23, 1957, Paul J. Knight, Surveyor, 
West Hanover, Mass." being bounded and described as follows: 

Beginning at a point on the EASTERLY side of Pleasant Street one 
hundred eighty-three and 72/100 (183.72) feet N 15° 00' 00" E of a 
Stone Bound and on the SOUTHERLY side of a Granite Post at the 
NORTHERLY corner of land of Lilhan Wyman et al; thence running 

N 15° 00' 00" E along said Pleasant Street two hundred and 50/100 
(200.50) feet to a point; thence running in the same general direction 
by a curve to the right with a radius of 181.28 feet a distance of twenty- 
seven and 10/100 (27.10) feet to a point at land of Mary E. and Cath- 
erine E. Connell; thence turning and running 

S 68° 41' 40" E, three hundred forty-nine and 82/100 (349.82) feet 
to a point in Elias's Pond; thence turning and running 

S 3° 19' 00" W, three hundred twenty-one and 50/100 (321.50) feet 
to an Iron Pin in a Stone Post at land of LilHan Wyman et al; thence 
turning and running 

N 56° 57' 20" W, two hundred sixty-two and 13/100 (262.13) feet 
along said land of Lillian Wyman et al to the Center of a Stone Post; 
thence running 

N 59° 52' 20" W, one hundred seventy-one and 66/100 (171.66) feet 
along said land of Lillian Wyman et al to the point of beginning. 

Containing 2.29 acres according to said plan. 

Section 2. Any conveyance and transfer of the land described in 
section one shall become effective upon a two-thirds vote of the mem- 
bers of the corporation present at a meeting duly called for that pur- 
pose, ratifying said conveyance and transfer, and the recording of a 
duly certified copy of said vote with the registry of deeds of the county 
wherein the said land is located. Approved July 8, 1958. 



Acts, 1958. — Chap. 456. 305 

Chap. 456. An Act relative to the holding of property by the 
university of massachusetts building association 
and the leasing of certain state land to said cor- 
poration. 

Whereas, The deferred operation of this act would unnecessarily delay 
the construction by University of Massachusetts Building Association 
of housing facilities urgently needed at the University of Massachusetts 
and thereby impair the carrying out by said University of its public 
educational program, therefore this act is hereby declared to be an emer- 
gency law, necessary for the immediate preservation of the public 
convenience. 
Be it enacted, etc., as follows: 

Section 1. University of Massachusetts Building Association, in- 
corporated under the name of Massachusetts State College Building 
Association by section one of chapter three hundred and eighty-eight of 
the acts of nineteen hundred and thirty-nine, is hereby authorized to 
hold, for the purposes set forth in said chapter, real and personal estate 
to an amount not exceeding seven million dollars, in addition to the 
amount of real and personal estate which may be held by said corpora- 
tion under authority of said chapter and of chapter three hundred and 
ninety of the acts of nineteen hundred and forty-five, chapter three 
hundred and fifty-two of the acts of nineteen hundred and forty-six, 
chapter one hundred and eighty-five of the acts of nineteen hundred 
and forty-eight, chapter four hundred and fourteen of the acts of nine- 
teen hundred and fifty, chapter two hundred and eleven of the acts of 
nineteen hundred and fifty-two, chapter three hundred and fifty-six of 
the acts of nineteen hundred and fifty-three, chapter four hundred of 
the acts of nineteen hundred and fifty-four, chapter four hundred and 
forty-four of the acts of nineteen hundred and fifty-five, and of chapter 
five hundred and seventeen of the acts of nineteen hundred and fifty- 
seven, all of which additional estate may consist of, or be applied to the 
construction and equipment of housing units suitable for occupancy by 
professors, instructors, teachers, students and employees of the Univer- 
sity of Massachusetts. The amount of real and personal estate now or 
hereafter held by said corporation under authority hereof and of said 
chapters shall be measured by the principal amount of the bonds from 
time to time issued by said corporation under authority of section seven 
of chapter three hundred and eighty-eight of the acts of nineteen hun- 
dred and thirty-nine without regard to the proceeds heretofore or here- 
after received by said corporation from the sale of bonds so issued or to 
the real or personal estate heretofore or hereafter acquired by said 
corporation upon application of such proceeds or otherwise. 

Section 2. The trustees of the University of Massachusetts may, in 
the name of and for the commonwealth, lease to said corporation thirty 
acres of land in Amherst or Hadley owned by the commonwealth, for 
the erection and maintenance of dormitories, commons and other build- 
ings for the use of said university or its students, faculty and staff. The 
land hereby authorized to be leased to said corporation shall be in addi- 
tion to the aggregate land authorized to be leased pursuant to section 
six of chapter three hundred and eighty-eight of the acts of nineteen 
hundred and thirty-nine, section two of chapter three hundred and 
ninety of the acts of nineteen hundred and forty-five, section two of 



306 Acts, 1958. — Chap. 457. 

chapter three hundred and fifty-two of the acts of nineteen hundred and 
forty-six, section two of chapter one hundred and eighty-five of the 
acts of nineteen hundred and forty-eight, section two of chapter four 
hundred and fourteen of the acts of nineteen hundred and fifty, section 
two of chapter two hundred and eleven of the acts of nineteen hundred 
and fifty-two, section two of chapter three hundred and fifty-six of the 
acts of nineteen hundred and fifty-three, section two of chapter four 
hundred of the acts of nineteen hundred and fifty-four, section two of 
chapter four hundred and forty-four of the acts of nineteen hundred and 
fifty-five and section two of chapter five hundred and seventeen of the 
acts of nineteen hundred and fifty-seven; but nothing in this section 
shall be construed as limiting or restricting the powers conferred upon 
said trustees by said section six of said chapter three hundred and eighty- 
eight with respect to the leasing of lands by them to said corporation. 

Section 3. The trustees of the University of Massachusetts may, 
in the name of and for the commonwealth, lease from time to time to 
any professor, instructor, teacher, student or employee of the univer- 
sity a dwelling in any housing unit constructed by said corporation for 
occupancy by such persons and leased by said corporation to the com- 
monwealth under the provisions of chapter three hundred and eighty- 
eight of the acts of nineteen hundred and thirty-nine, as heretofore and 
hereby supplemented. Such leases shall contain such written terms, 
conditions, restrictions and reservations as the parties agree upon. The 
pertinent provisions of section twenty-seven of chapter seventy-five of 
the General Laws shall apply to such leases, but section twenty-eight 
of said chapter shall not apply to the dwellings so leased. 

Approved July 14, 1958. 

Chap. 457. An Act imposing a further additional cigarette tax. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to provide revenues forthwith for state activities, 
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. In addition to the excise tax imposed by chapter sixty- 
four C of the General Laws, and in addition to the additional excise 
tax imposed by section nine of chapter seven hundred and thirty-one of 
the acts of nineteen hundred and forty-five, and in addition to the addi- 
tional excise tax imposed by section eleven of chapter four hundred and 
fifty-six of the acts of nineteen hundred and fifty-seven, there is hereby 
imposed a further additional excise tax of one half mill for each cigarette 
sold, used, received as gift or gifts, or through exchange or barter in the 
commonwealth during the period beginning on the effective date of this 
act and ending August thirty-first, nineteen hundred and fifty-nine, 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 
cigarette taxes paid in pursuance of this act or of any general or special 
law shall conclusively be presumed to be a direct tax on a retail con- 
sumer, precollected for the purpose of convenience and facility only. 

Section 2. Every manufacturer, wholesaler, vending machine oper- 



Acts, 1958. — Chaps. 458, 459. 307 

ator, unclassified acquirer, and retailer who on the effective date of this 
act has on hand for sale any cigarettes shall file a complete inventory 
thereof within twenty days thereafter, and shall pay to the commis- 
sioner of corporations and taxation at the time of filing such inventory 
a tax with respect thereto computed at the rate of one half of one mill 
per cigarette on all cigarettes upon which an exise of only two and one 
half mills has previously been paid. All provisions of chapter sixty- 
four C of the General Laws relative to the collection, verification and 
administration of the tax therein imposed shall, in so far as pertinent, 
be applicable to the tax imposed by this section. 

Section 3. This act shall take effect on the fifteenth day after its 
passage. Approved July 14, 1958. 



Chap. 458. An Act authorizing the town of stoughton to use 
certain park land for school purposes. 

Be it enacted, etc., as follows: 

Section 1. The town of Stoughton is hereby authorized to use the 
whole of, or such portion of, certain park land located in said town for 
the erection of a public school building, and for all other school uses 
and purposes incidental thereto, as the town shall determine by vote at 
an annual or special town meeting called for the purpose and taken within 
three years after the effective date of this act, said land consisting of a 
section of woodland between the West Elementary School grounds and 
the High School field, bounded and described as follows : — Easterly 
by the Easterly line of a sewer right of way to the West Elementary 
School and remaining land of Florence W. Weiler, Henry and Isabel M. 
Snow and Gilbert Harris, a total distance of 418.25 feet; Northerly by 
West Elementary School lot, 458.33 feet; Northwesterly again by Ele- 
mentary School lot, 347.85 feet; Ruth I. Hansen, 88.60 feet; other 
land now or formerly of town of Stoughton, 291.89 feet, making a total 
distance Northwesterly of 728.34 feet; Southwesterly by other land of 
the town of Stoughton, 233.64 feet more or less, and Southeasterly by 
the High School field, 871.05 feet more or less, containing about ten 
acres more or less. 

Section 2. Any action taken by the town of Stoughton under 
authority of this act shall be as valid and effective as if this act were in 
force at the time of the posting of the warrant of the special town 
meeting of July fourteenth, nineteen hundred and fifty-eight. 

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

Approved Jidy 14, 1958. 



Chap. 459. An Act designating the junction of Thompson road 

AND park avenue IN THE TOWN OF WEBSTER AS THE 
FELIX BORUS MEMORIAL SQUARE. 

Be it enacted, etc., as follows: 

Section 1. The junction of Thompson road and Park avenue in 
the town of Webster shall be known and designated as the Felix Borus 
Memorial Square, and the Webster Polish Council is hereby authorized 
to erect a suitable marker or tablet bearing said designation, which 



308 Acts, 1958. — Chaps. 460, 461, 462. 

marker or tablet shall be subject to the approval of the department of 
public works. 

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

Approved July 15, 1958. 



Chap. 460. An Act protecting the right of public employees to 
JOIN vocational or labor organizations. 

Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by inserting after 
section 178C the following section: — Section 178D. Employees of the 
commonwealth or any political subdivision thereof shall have the right 
to form and join vocational or labor organizations and to present pro- 
posals relative to salaries and other conditions of employment through 
representatives of their own choosing. No such employee shall be dis- 
charged or discriminated against because of his exercise of such right, 
nor shall any person or group of persons, directly or indirectly, by in- 
timidation or coercion, compel or attempt to compel any such employee 
to join or refrain from joining a vocational or a labor organization. This 
section shall not be applicable to police officers in the employ of the 
commonwealth or any political subdivision thereof. 

Approved July 15, 1958. 



Chap. 461. An Act further regulating the meal period re- 
quirement OF women and minors employed in certain 
industries. 

Be it enacted, etc., as follows: 

Chapter 149 of the General Laws is hereby amended by striking out 
section 100, as most recently amended by chapter 723 of the acts of 
1957, and inserting in place thereof the following section: — Section 100. 
No woman or child shall be employed for more than six hours during a 
calendar day in a factory, in a manufacturing or mechanical establish- 
ment or in a workshop without an interval of at least thirty minutes for 
a meal nor so employed in a mercantile establishment without an interval 
of at least forty-five minutes for a meal. Any employer, superintendent, 
overseer or agent who violates any provision of this section or of section 
ninety-nine shall be punished by a fine of not less than fifty nor more 
than one hundred dollars. Approved July 15, 1958. 



Chap. 462. An Act providing that certain teachers or super- 
intendents dismissed by action OF A SCHOOL COMMITTEE 
MAY APPEAL THEREFROM TO THE SUPERIOR COURT. 

Be it enacted, etc., as follows: 

Chapter 71 of the General Laws is hereby amended by inserting after 
section 43, as appearing in the Tercentenary Edition, the following 
section: — Section 43 A. Any teacher or superintendent of schools em- 
ployed at discretion who has been dismissed by vote of a school com- 
mittee under the provisions of section forty-two or section sixty-three 



Acts, 1958. — Chaps. 463, 404. 309 

may, within thirty days after the vote of dismissal appeal therefrom to 
the superior court in the county in which he was employed. The court 
shall advance the appeal for a speedy hearing and after such notice to 
the parties as it deems reasonable hear the cause "de novo". If the 
court finds in favor of the school committee, the vote of the school com- 
mittee shall be affirmed ; otherwise it shall be reversed and the appellant 
shall be reinstated to his position without loss of compensation. The 
decision of the court shall be final, except as to matters of law. 

Approved July 15, 1958. 



Chap. 463. An Act authorizing the board of commissioners of 
the massachusetts maritime academy to acquire 
certain land in the town of bourne. 

Be it enacted, etc., as follows: 

Section 1. The board of commissioners of the Massachusetts mari- 
time academy on behalf of the commonwealth is hereby authorized and 
directed to take by eminent domain, or acquire by purchase or other- 
wise, lots 204, 209, 257, and 290 in the town of Bourne as shown on 
"Plan of Land to be Acquired by Commonwealth of Massachusetts to 
be used for Massachusetts Maritime Academy, August 19, 1953, James 
L. Tyson, Town Engineer, Revised January 10, 1958," recorded in the 
Barnstable Registry of Deeds January 31, 1958, Plan-Book 139 Page 123. 

Section 2. So much of the property acquired under the authority of 
this act as in the opinion of said board is not necessary for drill, athletic 
or other purposes of the academy may be conveyed by said board to 
said town for the express purpose of establishing appropriate roadways 
to replace the roadways which have been or will be closed or abandoned 
as the result of the establishment of said academy in said town. Said 
town shall construct and maintain said new roadways. 

Section 3. For the purposes of section one of this act, said board 
may expend such sums as may be appropriated therefor. 

Approved July 15, 1958. 

Chap. 464. An Act authorizing the town of duxbury to pay the 

SUM OF TWO thousand DOLLARS TO MARJORIE PHILLIPS, 
THE WIDOW OF FRANK E. PHILLIPS, A FORMER POLICE 
OFFICER. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of promoting the public good, the town 
of Duxbury is hereby authorized to appropriate and pay to Marjorie 
Phillips, the widow of Frank E. Phillips, a former member of the police 
department of said town, the sum of two thousand dollars. 

Section 2. This act shall take full effect upon its acceptance by a 
majority of the voters of said town voting thereon at an annual town 
meeting but not otherwise. Approved July 15, 1958. 



310 Acts, 1958. — Chaps. 465, 466. 

Chap. 465. An Act relative to the burial of bodies brought 

INTO the commonwealth. 

Be it enacted, etc., as follows: 

Chapter 114 of the General Laws is hereby amended by striking out 
section 46, as amended by section 27 of chapter 627 of the acts of 1954, 
and inserting in place thereof the following section: — Section 4-6. 
Whenever a dead body is brought into the commonwealth for burial, 
accompanied by a removal permit issued under the laws of the state 
from which such body is brought, such permit shall be received as 
sufficient authority for burial, and the superintendent or person or 
persons in charge of the cemetery where the burial is to take place shall 
make proper endorsements on said removal permit and send it forthwith 
to the local board of health in the city or town where said cemetery is 
located. The board of health shall make and retain a copy of said 
removal permit and return the original to the city or town issuing the 
same; but if not accompanied by such permit no funeral director or 
other person shall bury such body or the ashes thereof until he has 
received a permit so to do from the board of health or its agent appointed 
to issue such permits, or if there is no such board, from the clerk of the 
town where the body is to be buried, or from a person appointed to 
have the care of the cemetery or burial ground in which the interment 
is made, if a record is kept of the names of all persons buried therein, 
or from a duly appointed superintendent of burials in such town who 
keeps a record of interments. Such permit shall not be issued until the 
funeral director or other person has delivered a certificate to said board, 
agent, clerk, superintendent or person having such care, giving the 
name of the deceased, his age as nearly as can be ascertained, the cause 
of death, the name of the town where he last resided or from which the 
body was brought, or, if the death occurred at sea, the name of the 
vessel upon which it occurred, and any other facts required for record 
which could be obtained with reasonable diligence, including, in case 
the deceased was a veteran, a recital as required by section ten of chapter 
forty-six. 

The board of health or its agent, or the superintendent or person 
having such care, shall, upon receipt of such certificate, forthwith 
countersign and transmit it to the town clerk; and if the deceased was 
a resident of said town, the clerk shall record the same in the books kept 
for recording deaths, but if the deceased was at his death a resident of 
any other town within the commonwealth said clerk shall forthwith 
forward to the clerk thereof a copy of such certificate, who shall record 
the same. Approved July 15, 1968. 



Chap. 466. An Act relative to the sewer system for the north 

SEWER district OF THE TOWN OF HINGHAM. 

Be it enacted, etc., as follows: 

Section 1. The cost of constructing connecting drains, underdrains 
or particular sewers from the common sewer to the boundary of the way, 
under section three of chapter eighty-two of the acts of nineteen hundred 
and forty-six, within the north sewer district of the town of Hingham, 
may be paid out of general appropriations by said town for the con- 



Acts, 1958. — Chap. 467. 311 

struction of a system of main drains and common sewers in and for said 
district or parts thereof, and all such construction and the payment 
therefor out of such appropriations to date is hereby validated and con- 
firmed in all respects. 

Section 2. Notwithstanding any contrary provision of section 
fourteen of said chapter eighty-two the owner of any land benefited by 
the laying out of a connecting drain, underdrain or particular sewer 
from the common sewer to the boundary of the way shall, at the time of 
connection thereto, pay to said town for the permanent privilege of 
using the same such reasonable amount as the board of sewer commis- 
sioners determine, which may be fixed at the estimated average cost of 
all such connecting drains, underdrains or particular sewers within the 
portion of said district for which a system of sewers has been built. 
The board of sewer commissioners shall assess the cost of connecting 
private land with a common sewer upon the land so connected, and may 
require that an applicant for a connection of his land with a sewer, or 
any person required by law to connect his land with a sewer, shall pay 
in advance an amount equal to the estimated assessment therefor, 
which shall be apphed to the payment of the assessment, and the re- 
mainder, if any, shall be repaid to him. 

Section 3. Section 2 of chapter 454 of the acts of 1955 is hereby 
amended by striking out the first sentence and inserting in place thereof 
the following sentence : — The town of Hingham may from time to 
time construct systems of main drains and common sewers in parts of 
the north sewer district of the town as defined in chapter five hundred 
and ninety-one of the acts of nineteen hundred and forty-five, and 
chapter eighty-two of the acts of nineteen hundred and forty-six shall 
apply to all such construction. Approved July 15, 1958. 



Chap. 467. An Act directing the board of registration in 
medicine to renew and extend the certificate of 
limited registration to practice medicine held by 
lucas kulczycki. 

Whereas, The deferred operation of this act would tend to defeat 
its purpose, which is to renew and extend forthwith the limited regis- 
tration to practice medicine held by Lucas Kulczycki, therefore it is 
hereby declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding the provisions of any general or special law to the 
contrary, or of any rule or regulation of the board of registration in 
medicine, said board shall renew and extend to July thirty-first, nine- 
teen hundred and sixty-one the certificate of limited registration to 
practice medicine within the commonwealth held by Lucas Kulczycki 
from May twenty-second, nineteen hundred and fifty-three to May 
twenty-second, nineteen hundred and fifty-eight. 

Approved July 21, 1958. 



312 Acts, 1958. — Chaps. 468, 469. 

Chap. 468. An Act authorizing the county commissioners of 
middlesex county to convey to the city of waltham 
a certain parcel of land, being a portion of the 
premises occupied by the middlesex county tu- 
berculosis sanatorium, for the purpose of the erec- 
tion of a fire station thereon. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any contrary provision of general or 
special law, the commissioners of Middlesex county, in consideration of 
one dollar, are hereby authorized to sell and convey to the city of 
Waltham certain land of said county located in said city, being a part of 
the premises of the Middlesex County Tuberculosis Sanatorium, for 
the purpose of the erection of a fire station by said city thereon. Said 
parcel of land is bounded and described as follows : — Beginning at a 
point in the northerly line of Trapelo road as laid out as North street 
by County Commissioners December 29, 1888 and renamed Trapelo 
road by Board of Aldermen Order #2312 Approved July 15, 1891 154.48 
feet easterly from an angle point in the northerly line of said Trapelo 
road: thence running north 22 degrees 57 minutes 20 seconds east 
272.57 feet; thence turning and running south 43 degrees 34 minutes 
10 seconds east 315.54 feet to the westerly Hne of Woburn street; thence 
turning and running south 20 degrees 15 minutes 40 seconds west 30.34 
feet along the westerly line of said Woburn street; thence running south 
31 degrees 53 minutes 20 seconds west 158.67 feet along the westerly 
line of said Woburn street; thence running south 36 degrees 17 minutes 
50 seconds west 39.78 feet along the westerly line of said Woburn street 
to a point of curvature; thence running in a general westerly direction 
by a curve to the right with a radius of 25.54 feet 44.64 feet to a tangent 
point in the northerly line of said Trapelo road; thence running north 
43 degrees 34 minutes 10 seconds west 242.04 feet along the northerly 
line of said Trapelo road to point of beginning. Said parcel contains 
74,515 square feet, more or less, and is shown on a plan entitled "Plan 
of Middlesex County Land on Trapelo Road Waltham Mass. , to be con- 
veyed to the City of Waltham", and dated June 3, 1958. 

Section 2. The Middlesex county commissioners, in behalf of said 
county shall execute and deliver any instrument necessary to convey a 
good and sufficient title to the within described land to the said city of 
Waltham; provided, that ownership of said land shall revert to and 
revest in said county whenever said land ceases to be used for the pur- 
pose set forth in section one. 

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

Approved July 21, 195S. 



Chap. 469. An Act providing for the right of appeal from an 
order of a board of health which adjudges the 

operation of a farm TO BE A NUISANCE. 

Be it enacted, etc., as follows: 

Chapter 1 1 1 of the General Laws is hereby amended by inserting after 
section 125 the following section: — Section 125 A. If, in the opinion 
of the board of health, a farm or the operation thereof constitutes a 



Acts, 1958. — Chaps. 470, 471. 313 

nuisance, any action taken by said board to abate or cause to be abated 
said nuisance under sections one hundred and twenty-two, one hundred 
and twenty-three and one hundred and twenty-five shall, notwith- 
standing any provisions thereof to the contrary, be subject to the pro- 
visions of this section. 

In the case of any such nuisance a written notice of an order to abate 
the same within ten days after receipt of such notice shall first be given 
as provided in section one hundred and twenty-four. If no petition for 
review is filed as herein provided, or upon final order of the court, said 
board may then proceed as provided in said sections one hundred and 
twenty-two, one hundred and twenty-three and one hundred and 
twenty-five, or in the order of the court. If the owner or operator of said 
farm within said ten days shall file a petition for a review of such order 
in the district court for the district in which the farm lies, the operation 
of said order shall be suspended, pending the order of the court. Upon 
the filing of such petition the court shall give notice thereof to said board, 
shall hear all pertinent evidence and determine the facts, and upon the 
facts as so determined review said order and affirm, annul, alter or 
modify the same as justice may require. The parties shall have the 
same rights of appeal on questions of law as in other civil cases in the 
district courts. Approved July 21, 1958. 



Chap. 470. An Act authorizing and directing the retirement 
board of the city of springfield to refund certain 
money to the estate of thomas sheehan. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding the provisions of any general or 
special law to the contrary, the retirement board of the city of Spring- 
field is hereby authorized and directed to refund to the legal representa- 
tive of the estate of the late Thomas Sheehan, a former employee of 
the park department of said city, the amount of the accumulated total 
deductions to his credit in the annuity savings fund of the retirement 
system of said retirement board. Any option elected by his widow, the 
late Bridget T. Sheehan, prior to her death, shall be and is hereby 
declared void. 

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

Approved July 21, 1958. 



Chap. 471. An Act authorizing the city of Springfield to pay 
certain sums to persons named as beneficiaries 
under a group insurance contract covering certain 
deceased employees of said city. 

Be it enacted, etc., as follows: 

Section 1. Notwithstanding any provision of law to the contrary 
and for the purpose of promoting the public good, the city of Springfield 
is hereby authorized to appropriate and pay the sum of four thousand 
dollars to each of the following persons: — Madeline Anderson, the 



314 Acts, 1958. — Chap. 472. 

widow of George B. Anderson, a former employee of said city who died 
on December eighteenth, nineteen hundred and fifty-seven, Lilhan O. 
Dunphy, the widow of Thomas L. Dunphy, a former employee of said 
city who died on February thirteenth, nineteen hundred and fifty-eight, 
and Helen M. Lothrop, the mother of William P. Lothrop, a former 
employee of said city who died on December twelfth, nineteen hundred 
and fifty-seven; and the sum of two thousand dollars to each of the 
following persons: — Elizabeth A. McCabe, the widow of Frank M. 
McCabe, a former employee of said city who died on January first, 
nineteen hundred and fifty-eight, Lora Parker, the ^vidow of Raymond 
E. Parker, a former employee of said city who died on December elev- 
enth, nineteen hundred and fifty-seven, Josephine Maruvecchio, 
otherwise known as Josephine Marcovecchio, the widow of Raffaele 
Maruvecchio, otherwise known as Raffaele Marcovecchio, a former 
employee of said city who died on February tenth, nineteen hundred 
and fifty-eight, Louise N. Sullivan, the sister of John R. McQuade, a 
former employee of said city who died on January ninth, nineteen hun- 
dred and fifty-eight, and Clara LaFrancis, the widow of Maximillian W. 
LaFrancis, a former employee of said city who died on December third, 
nineteen hundred and fifty-seven, said employees having paid premiums 
for group insurance coverage and having died during the period when 
a contract for said coverage, subsequently held invalid, was considered 
valid, provided that each such person was designated by her deceased 
husband, son or brother, as the case may be, as his beneficiary either on 
his application for said insurance or on a statement filed with the per- 
sonnel director of said city. 

Section 2. This act shall take full effect upon its acceptance during 
the current year by vote of the city council of said city subject to the 
provisions of its charter, but not otherwise. Approved July 21, 1958. 

Chap. 472. An Act authorizing the county commissioners of 

HAMPDEN county TO ESTABLISH A RIGHT OF WAY FOR 
PUBLIC ACCESS TO HORSE POND IN THE CITY OF WESTFIELD 
AND OF AN AREA FOR THE PARKING OF VEHICLES CONTIG- 
UOUS TO SAID RIGHT OF WAY. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Hampden county are 
hereby authorized to lay out a right of way for public access to Horse 
pond in the city of Westfield and an area for parking contiguous thereto, 
in accordance with plans to be approved by the department of public 
works and showing the location and dimensions of such right of way and 
parking area. If it is necessary to acquire land for the purpose of laying 
out said right of way or parking area, said county commissioners shall at 
the time such right of way or parking area is laid out take such land by 
eminent domain under chapter seventy-nine of the General Laws. Any 
person sustaining damages in his property by the laying out of such right 
of way or parking area, or by specific repairs or improvements thereon, 
shall be entitled to recover the same under said chapter seventy-nine, 
provided, that the right to recover damages, if any, by reason of the 
laying out of such right of way or parking area shall vest upon the re- 
cording of the order of taking by said county commissioners and that 



Acts, 1958. — Chap. 473. 315 

no entry or possession for the purpose of constructing a public way on 
land so taken shall be required for the purpose of validating such taking 
or for the payment of damages by reason thereof. 

Section 2. The city of Westfield from time to time may make specific 
repairs on or improve such right of way or parking area to such extent 
as it may deem necessary, but neither the county of Hampden nor any 
city or town therein shall be required to keep such right of way or park- 
ing area in repair, nor shall it be liable for injury sustained by persons 
traveling thereon, provided, that sufficient notice to warn the public 
is posted where such way enters upon or unites mth an existing public 
way. 

Section 3. All expenses incurred by said county commissioners in 
connection with such right of way or parking area shall be borne by the 
county of Hampden, or by such other cities and towns therein, and in 
such proportions as said county commissioners may determine. 

Section 4. Said right of way or parking area shall not be discontinued 
or abandoned without authority therefor from the general court. 

Section 5. Nothing in this act shall be construed to limit the powers 
of the department of public health, or any local board of health, under 
any general or special law. Approved July 21, 1958. 



Chap. 473. An Act authorizing the establishment of a right of 
way for public access to pequot pond in the city of 
westfield and the town of southampton and of an 
area for the parking of vehicles contiguous to said 
right of way. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Hampden county and 
Hampshire county or of either of said counties are hereby authorized 
to lay out a right of way for public access to Pequot pond, a pond lying 
in the city of Westfield and the town of Southampton, and an area for 
parking contiguous thereto, in accordance with plans to be approved by 
the department of public works and showing the location and dimensions 
of such right of way and parking area. If it is necessary to acquire land 
for the purpose of laying out such right of way or parking area, said 
county commissioners in their respective counties shall at the time such 
right of way or parking area is laid out take such land by eminent domain 
under chapter seventy-nine of the General Laws. Any person sustaining 
damages in his property by the laying out of such right of way or parking 
area, or by specific repairs or improvements thereon, shall be entitled 
to recover the same under said chapter seventy-nine; provided, that the 
right to recover damages, if any, by reason of the laying out of such 
right of way or parking area shall vest upon the recording of the order of 
taking by said county commissioners and that no entry or possession 
for the purpose of constructing a public way on land so taken shall be 
required for the purpose of validating such taking or for the payment of 
damages by reason thereof. 

Section 2. The city of Westfield and the town of Southampton or 
either of them from time to time may make specific repairs on or improve 
such portions of said right of way and parking area as may be located 
in their respective limits to such extent as it may deem necessary, but 



316 Acts, 1958. — Chap. 474. 

neither the county of Hampden or Hampshire nor any city or town 
therein shall be required to keep such right of way or parking area in 
repair, nor shall it be liable for injury sustained by persons traveling 
thereon, provided, that sufficient notice to warn the public is posted 
where such way enters upon or unites with an existing public way. 

Section 3. Said county commissioners of Hampden and Hampshire 
counties shall work jointly in determining a suitable location for said 
right of way and parking area, which may be entirely in either county 
or partly in each. 

Section 4. All expenses incurred by said county commissioners in 
connection with such right of way or parking area shall be borne by the 
county of Hampden or Hampshire; each for any portion in their respec- 
tive county, or by such cities or towns therein, and in such proportions 
as said county commissioners may determine. 

Section 5. Said right of way or parking area shall not be discontinued 
or abandoned without authority therefor from the general court. 

Section 6. Nothing in this act shall be construed to limit the powers 
of the department of public health, or any local board of health, under 
any general or special law. Approved July 21, 1958. 



Chap. 474. An Act authorizing the county commissioners of 
hampden county to establish a right of way for 
public access to buck pond in the city of westfield 
and of an area for the parking of vehicles con- 
tiguous to said right of way. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of Hampden county are 
hereby authorized to lay out a right of way for public access to Buck 
pond in the city of Westfield and an area for the parking of vehicles 
contiguous thereto in accordance with plans to be approved by the 
department of public works and showing the location and dimensions 
of said right of way and parking area. If it is necessary to acquire land 
for the purpose of laying out such right of way or parking area, said 
county commissioners shall at the time such right of way or parking 
area is laid out take such land by eminent domain under chapter seventy- 
nine of the General Laws. Any person sustaining damages in his prop- 
erty by the laying out of such right of way or parking area, or by specific 
repairs or improvements thereon, shall be entitled to recover the same 
under said cifiapter seventy-nine, provided, that the right to recover 
damages, if any, by reason of the laying out of such right of way or 
parking area shall vest upon the recording of the order of taking by said 
county commissioners and that no entry or possession for the purpose 
of constructing a public way on land so taken shall be required for the 
purpose of validating such taking or for the payment of damages by 
reason thereof. 

Section 2. The city of Westfield from time to time may make spe- 
cific repairs on or improve such right of wv^y or parking area to such 
extent as it may deem necessary, but neither the county of Hampden 
nor any city or town therein shall be required to keep such right of way 
or parking area in repair, nor shall it be liable for injury sustained by 
persons traveling thereon, provided, that sufficient notice to warn the 



Acts 1958. — Chaps. 475, 476. 317 

public is posted where such way enters upon or unites with an existing 
public way. 

Section 3. All expenses incurred by said county commissioners in 
connection with such right of way or parking area shall be borne by the 
county of Hampden, or by such cities and towns therein, and in such 
proportions as said county commissioners may determine. 

Section 4. Said right of way or parking area shall not be discon- 
tinued or abandoned without authority therefor from the general court. 

Section 5. Nothing in this act shall be construed to limit the powers 
of the department of public health, or any local board of health, under 
any general or special law. Approved July 21, 1958. 

Chap. 475. An Act relative to the assessment of certain 
costs of the flood control project in the middle 
and blackstone rivers, known as the worcester 
diversion. 

Be it enacted, etc., as follows: 

Chapter 15 of the acts of 1956 is hereby amended by striking out 
section 8, as amended by section 2 of chapter 725 of the acts of 1956, 
and inserting in place thereof the following section: — Section 8. The 
state treasurer is hereby directed to assess upon the city of Worcester 
the total costs incurred under sections three, seven and nine 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 said 
section nine. The department shall certify to the state treasurer the 
costs incurred under said sections three and seven. 

Approved July 21, 1958. 



Chap. 476. An Act authorizing the commissioner on alcoholism 

TO solicit and accept gifts or grants FOR USE IN 
RELATION TO THE PROBLEMS OF ALCOHOLISM. 

Be it enacted, etc., as follows: 

Section 96 of chapter 6 of the General Laws, inserted by section 2 of 
chapter 715 of the acts of 1956, is hereb}'' amended by adding at the end 
the following paragraph : — 

He may solicit and shall accept in the name of the commonwealth 
for use in relation to the problems of alcoholism any gift of money or 
property made therefor by will or otherwise, and any special grant of 
money, services or property from the federal or state governments or 
any of their agencies or from private foundations or sources. Any money 
received under this paragraph shall be turned over to the state treasurer 
and may be expended by the commissioner in accordance with the 
conditions of the gift or grant under the order or the approval of the 
advisory council without specific appropriation. 

Approved July 21, 1958. 



318 Acts, 1958. — Chap. 477. 

Chap. 477. An Act authorizing the town of athol to allow the 
use of its equipment with its operator on private 
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 continuous employment for its 
employees and increasing the taxable value of the real estate within its 
boundaries, the toAvn of Athol is hereby granted authority to enter into 
agreements, through its selectmen, to rent such of its mechanical equip- 
ment 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 exer- 
cised unless and until the selectmen of the town have in their possession 
releases executed by such private individuals and all employees of the 
town to be employed on such work to save the town harmless on ac- 
count 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 insurance and public liability 
insurance satisfactory to the selectmen have been taken out by such 
private individual or individuals covering the proposed work. 

The costs of said rentals shall be paid by said private indi\dduals. 
All bills and pay rolls chargeable for work done under such rental agree- 
ment shall be plainly marked to indicate that the work was done under 
authority of and in pursuance of said agreement, and shall be charged 
against the advance cash deposit which shall be credited on the books of 
the town in a separate account. An}^ excess of said charges over the 
cash deposit shall be paid over by such private individuals 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 agreement, shall be returned to such private individuals. 

All receipts derived from the rental of equipment under this act shall 
be credited to an equipment fund account and reserved for appropria- 
tion by the tov/n for the purchase and replacement of town equipment. 

The equipment and employees of the town of Athol, while engaged in 
performing work under any said rental agreement, shall be deemed to be 
engaged in the service of such private individual, except that the service 
of any town emploj^'ee thereunder shall be deemed creditable service 
within the meaning of section one of chapter thirty-two of the General 
Laws, and shall constitute public employment within the meaning of 
chapter thirty-one of the General Laws if applicable now or hereafter 
in the town of Athol to said employees. 

Section 2. This act shall take effect upon its acceptance by a ma- 
jority vote of the town meeting members at a regular or special town 
meeting. Approved July 21, 19ij8. 



Acts, 1958. — Chaps. 478, 479, 480 319 

Chap. 478. An Act authorizing the division of youth service to 
dispose of certain properties in the town of bolton. 

Be it enacted, etc., as follows: 

Upon recommendation of the commission on administration and 
finance, and with the approval of the governor and council, the director 
of the division of youth service is authorized to dispose of, by sale, 
transfer or otherwise, certain properties, including land and buildings, 
under the jurisdiction of said division and situated in the town of 
Bolton, which properties have been certified by said director as no longer 
necessary for the program of said division. Approved July 21, 1958. 

Chap. 479. An Act authorizing the city of boston to pension 

THOMAS J. CONATY. 

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 retire, on an annual pension to be paid by said 
city in monthly instalments, Thomas J. Conaty, a detective first grade 
in the police department of said city, who is blind as a result of injuries 
sustained by him on February fifth, nineteen hundred and fifty-five when 
beaten while making an arrest in the performance of duty. Such pen- 
sion shall be at the same annual rate as the compensation payable to 
him at the time of his retirement. Upon his death leaving Lillian M. 
Conaty, 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 
Thomas J. Conaty 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 Lillian M. Conaty remarries, said city shall pay, in 
lieu 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 Lillian M. Conaty does not survive said Thomas J. 
Conaty, or later dies, said city shall pay such an annuity as would have 
been payable to said Lillian M. Conaty had she lived, to or for the bene- 
fit of such child, or if there be more than one such child, such children 
in equal shares, during the time aforesaid. 

Section 2. Upon retirement of said Thomas J. Conaty 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 acceptance by vote 
of the city council of said city, subject to the provisions of its charter, 
but not otherwise. Approved July 24, 1968. 

Chap. 480. An Act further clarifying the law with respect to 
rates for nursing and convalescent home care. 

Wherea,s, The deferred operation of this act would tend to defeat its 
purpose, which is immediately to clarify the authority of departments 
and subdivisions of the commonwealth to pay nursing and convalescent 
home rates in excess of established minimum rates, therefore it is hereby 



320 Acts, 1958. — Chap. 481. 

declared to be an emergency law, necessary for the immediate preserva- 
tion of the public convenience and welfare. 

Be it enacted, etc., as follows: 

The first paragraph of section SOL of chapter 7 of the General Laws, 
as appearing in section 1 of chapter 696 of the acts of 1956, is hereby 
amended by adding at the end the following sentence : — Nothing in 
this section shall be construed to limit the authority of such depart- 
ments, boards, commissions or subdivisions to pay such nursing or 
convalescent homes a higher rate than the minimum per diem rate or 
rates established hereunder; provided, however, that where rates so 
paid are subject to regulation by the department of public welfare, no 
city or town shall be entitled to reimbursement from the commonwealth 
with respect to the amount by which such rates exceed rates approved 
by such department. Approved July £4, 1958. 

Chap. 481. An Act authorizing the town of weymouth to ap- 
propriate OR borrow a sum of money for the pur- 
pose OF drainage and stream improvement from 

WEYMOUTH BACK RIVER TO WHITMAN'S POND. 

Be it enacted, etc., as follows: 

Section 1. The town of Weymouth is hereby authorized to raise 
and appropriate or transfer from available funds a sum not exceeding 
one hundred and ten thousand, five hundred dollars for the purpose of 
drainage and stream improvement from Weymouth Back river to Whit- 
man's pond, according to plans and specifications submitted by the 
firm of Metcalf and Eddy, Engineers, in a report to the Weymouth 
Drainage Committee dated March eleventh, nineteen hundred and fifty- 
seven, said sum to be expended in conjunction with any money which 
may be allotted for said purposes by the commonwealth under the pro- 
visions of chapter ninety-one of the General Laws. 

Section 2. For the purpose of providing funds for the expenditures 
authorized by section one, the town of Weymouth may from time to 
time borrow such sums as may be necessary, not exceeding, in the ag- 
gregate, one hundred thousand dollars, and may issue bonds or notes 
therefor which shall bear on their face the words Town of Weymouth 
Drainage and Stream Improvement Loan Act of 1958. Each authorized 
issue shall constitute a separate loan, and such loans shall be payable in 
not more than ten years from their dates. Indebtedness incurred under 
this act shall be within the statutory limit and shall be subject to the 
provisions of chapter forty-four of the General Laws, exclusive of the 
limitation contained in the first paragraph of section seven thereof. 
The bonds or notes so authorized may be issued either before or after 
any action of the department of public works under the provisions of 
chapter ninety-one of the General Laws. 

Section 3. Any action taken pursuant to the authority contahied in 
this act by the town of Weymouth at the annual town meeting held in 
said town on March third and fifth, nineteen hundred and fifty-eight, 
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 meeting. 

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

Approved July 24, 1958. 



Acts, 1958. — Chaps. 482, 483, 484. 321 

Chap. 482. An Act authorizing the city of Lawrence to lease 
off-street parking facilities. 

Be it enacted, etc., as follows: 

Section 1 of chapter 34 of the acts of 1955, as amended by chapter 177 
of the acts of 1956, is hereby further amended by adding at the end the 
following two sentences : — Said city may, in lieu of constructing and 
operating off-street parking areas and facilities, construct the same and 
thereafter lease to individuals or corporations for operation or may so 
lease any real estate acquired hereunder for the construction of off- 
street parking areas and facihties and the operation thereof. If the city 
enters into any such lease, it shall do so by competitive bidding in the 
manner required for the awarding of contracts under section twenty- 
eight of chapter forty-three of the General Laws. 

Approved July 24, 1958. 

Chap. 483. An Act continuing the study by the department of 

NATURAL resources OF THE FORESTS AND OTHER NATURAL 
RESOURCES OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

The sixth paragraph of chapter 471 of the acts of 1955 is hereby 
amended by striking out the last sentence, as amended by chapter 591 
of the acts of 1956, and inserting in place thereof the following sentence: 
— The department shall report its findings under this act to the general 
court by filing a report, together with its recommendations and drafts 
of legislation necessary to carry said recommendations into effect, from 
time to time with the clerk of the house of representatives, but shall 
file a final report on or before the last Tuesday in December, nineteen 
hundred and fifty-nine. Approved July 24, 1958. 

Chap. 484. An Act validating the conveyance by the town of 
westborough to the commonwealth of certain 
streets and the discontinuance of said streets as 
public ways. 

Be it enacted, etc., as follows: 

Section 1. The division of youth service, acting by the director 
thereof, is hereby authorized and directed to purchase on behalf of the 
commonwealth from the town of Westborough, for the sum of one 
dollar, a portion of Oak street and of Park street in said town, described 
as follows: Parcel 1. That portion of Oak street lying between its 
junction with Milk street on the northerly end of said Oak street and a 
line running perpendicularly across the line of said Oak street from the 
end of a stone wall situated on the southerly side of said street shown 
on a plot plan of Lyman School for Boys, being Drawing No. 1260-1, 
drawn by Densmore, LeClear and Robbins, Engineers, dated Septem- 
ber 1935, said plan being a part of the permanent records of the Trustees 
of Massachusetts Training Schools and said last boundary being shown 
on said plan as crossing an "old road" which is now known as Oak 
street; Parcel 2. That portion of Park street located on the northerly 
side of Turnpike road, beginning with the northerly line of said road 



322 Acts, 1958. — Chaps. 485, 486. 

and running northerly to the junction of said Park street with Oak 
street as shown on the afore-mentioned plan; and subject to an easement 
reserved in said town to enter upon the granted premises for the purpose 
of maintaining, repairing and relaying any water mains, drains, pipes, 
conduits or other appurtenances to the town water or sewer systems, 
in accordance with the vote of the inhabitants of said town at a meeting 
duly called and holden on March twenty-second, nineteen hundred and 
fifty-four, and with a deed of the selectmen of said town, made in pur- 
suance of such vote and dated October sixth, nineteen hundred and 
fifty-five. 

Section 2. Notwdthstanding the provisions of any general or special 
law, the act of the inhabitants of said town of Westborough on March 
twenty-second, nineteen hundred and fifty-four, and the act of the 
selectmen of said towm on October sixth, nineteen hundred and fifty- 
five, relative to the conveyance of the streets described in section one 
are hereby confirmed and made valid ; and such streets shall be deemed 
to be discontinued as public ways and closed to the public on and after 
the effective date of this act. 

Section 3. This act shall take effect upon the recording of the deed 
referred to in section one in the registry of deeds for Worcester county, 
Worcester district. Approved July 24, 1958. 



Chap. 485. An Act relative to the retirement and pension 
rights of members of certain retirement systems on 
account of service rendered in the liquidation of 
certain banking corporations. 

Be it enacted, etc., as follows: 

Section 2 of chapter 493 of the acts of 1946, as most recently amended 
by chapter 518 of the acts of 1954, is hereby further amended by striking 
out, m fine 6, the word "fifty-six" and inserting in place thereof the 
word: — fifty-nine, — so as to read as follows: — Section 2. Any mem- 
ber of the state, teachers or State-Boston retirement system or of any 
county, city or town contributory retirement system who has hereto- 
fore served in such liquidation shall receive similar credit; provided, 
that he shall before January first, nineteen hundred and fifty-nine, and 
in any event before his retirement, have paid into the appropriate 
annuity savings fund in one sum or in installments as approved by the 
appropriate retirement board an amount equal to what he would have 
paid during the term of such service, with regular interest. 

Approved July 24, 1958. 



Chap. 486. An Act providing that boiler inspectors of the 

DIVISION of inspection OF THE DEPARTMENT OF PUBLIC 
safety BE DESIGNATED AS DISTRICT ENGINEERING IN- 
SPECTORS. 

Be it enacted, etc., as follows: 

Section 1. The director of personnel and standardization, shall re- 
classify boiler inspectors in the division of inspection of the department 
of public safety by changing the title of the position from boiler in- 



Acts, 1958. — Chap. 487. 323 

spector to district engineering inspector. All subsequent appointments 
to such positions shall be made under the title of district engineering 
hispector. 

Section 2. Section 6 of chapter 22 of the General Laws, as appearing 
in the Tercentenary Edition, is hereby amended by striking out the 
third and fourth sentences and inserting in place thereof the following 
two sentences: — District engineermg inspectors in the division of in- 
spection shall not be over forty-five years of age when first appohited, 
and shall not be subject to any civil service rules like those requiring 
members of the state police to be of a certain height and weight. In- 
spectors assigned to the division of inspection shall be designated as 
building inspectors or as district engineering inspectors according as their 
duties relate to buildings or engineering. 

Section 3. Section 1 of chapter 146 of the General Laws, as so ap- 
pearing, is hereby amended by striking out the definition of "Inspector" 
and inserting in place thereof the following definition: — "Inspector", 
a district engineering inspector of the di\'ision of inspection of the de- 
partment of pubhc safety, or an inspector of an insurance company au- 
thorized to insure steam boilers in the commonwealth. 

Approved July 24, 1958. 



Chap. 487. An Act creating a lien upon the real estate of 

CERTAIN recipients OF VETERANS' BENEFITS. 

Be it enacted, etc., as follows: 

Chapter 115 of the General Laws is hereby amended by inserting after 
section 5, the following section: — Section 5 A. In every case where the 
applicant for or a recipient of benefits under this chapter is a dependent 
mother or father, as defined in section one, with an interest in one or 
more parcels of real estate and the fair market value of such interest is 
more than fifteen hundred dollars, an instrument signed and acknowl- 
edged by the veterans' agent of the town granting such benefits and 
giving notice of a lien upon each such parcel for all benefits granted 
and to be granted under this chapter by such town to such mother or 
father, who shall be named therein, shall, not earlier than three days, 
Saturdays, Sundays and legal holidays excluded, after a like instrument 
has been sent by certified mail to such mother or father, be recorded in 
the records of the county, or of the district, if such county is divided into 
districts, where each parcel lies, without the payment of any fee for such 
recording. Every such instrument shall contain a description sufficient 
to identify each parcel of real estate subject to the lien, and upon record- 
ing shall create a lien upon so much of such mother's or father's interest 
as has a fair market value in excess of fifteen hundred dollars, which lien 
shall be superior to any deed, mortgage, lien or other encumbrance 
thereafter recorded. Whenever such lien is satisfied or is ordered dis- 
charged as hereinafter provided, an instrument signed and acknowl- 
edged by such veterans' agent and reciting such fact shall be given; 
and upon the recording of such instrument, such lien shall be dissolved. 

Such lien shall be enforceable in the superior court for the county 
where any parcel of the real estate lies by a petition in equity brought 
by the veterans' agent against all persons appearing of record to be 
interested in the real estate subject to such lien, whether as equity 



324 Acts, 1958. — Chap. 488. 

owners, mortgagees, lienors, attaching creditors or otherwise. Such 
petition shall allege the amount claimed under such lien and incorporate 
a certified copy of the recorded instrument creating such lien. At any- 
time before final decree, the court, of its own motion or upon the sugges- 
tion of any party, may issue a precept to any other person appearing to 
have an interest, directing him to appear on or before a specified day 
or be forever barred from redeeming from such lien. Proceeds realized 
through any such enforcement shall be apportioned between the com- 
monwealth and the town granting the benefits in proportion to the 
amount of their respective contributions thereto, but in no case for 
more than the amount contributed, without interest. Whenever there 
is on the same parcel of real estate a lien under this section and also a 
lien under chapter one hundred and eighteen A, the proceeds realized 
shall upon enforcement be prorated according to the respective amounts 
of benefits and assistance granted. No lien under this section shall be 
enforceable until after the death of both mother and father, and then 
only when written permission has been obtained from the commissioner, 
who, in his discretion, may, if undue hardship might be caused by en- 
forcement, waive enforcement in whole or in part, and order a discharge 
to the extent waived. If the veterans' agent neglects or refuses promptly 
to refer the enforcerrient of a lien under this section to the commissioner 
for his approval, or to bring a petition within the period specified by the 
commissioner, the commissioner shall thereupon bring the petition in 
his own name; and in such event, all proceeds shall be retained by the 
commonwealth. 

Any conveyance of real estate by a mother or father within two years 
before an application for veterans' benefits, unless for fair market 
value, shall be deemed to be in avoidance of the provisions of this section 
and shall make such mother or father ineligible to receive veterans' 
benefits. Approved July S4, 1958. 



Chap. 488. An Act authorizing the town of natick to increase 
the number of members of its reserve police force. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 8 of the acts of 1929 is hereby 
amended by striking out, in line 2, the word "five" and inserting in 
place thereof the word: — eight, — so as to read as follows: — Section 1. 
The town of Natick may establish a reserve police force consisting of 
not more than eight members, and appointments thereto shall, subject 
to chapter thirty-one of the General Laws, be made in the same manner 
as appointments to the regular police force of said town. The chief of 
police of said town may assign the members of such reserve force to 
duty in said town whenever and for such length of time as he may deem 
necessary; and when on duty the members of said reserve force shall 
have all the powers and duties of members of the regular police force 
of said town. 

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

Approved July 29, 1958. 



Acts, 1958. — Chaps. 489, 490. 325 

Chap. 489. An Act relative to the computation of the credit 
allowable for taxes due to other states, terri- 
tories, dependencies of the united states, of the 
dominion of canada or any of its provinces. 

Be it enacted, etc., as follows: 

Section 1. Chapter 62 of the General Laws is hereby amended by 
striking out section 6A, as most recently amended by section 6 of chap- 
ter 677 of the acts of 1957, and inserting in place thereof the following 
section : — Section 6 A . A credit shall be allowed against taxes imposed 
on business income, as defined in section six to a resident for taxes due 
any other state, any territory or dependency of the United States, or 
the Dominion of Canada or any of the provinces thereof, on account of 
that part of such income received or accrued from sources therein subject 
to the following restrictions and limitations: (a) If the credit allowed 
by this section is claimed, the deduction specified in subsection (c) of 
section six for taxes paid to any other state, to any territory or depend- 
ency of the United States, or to the Dominion of Canada or any of the 
provinces thereof shall not be allowed. (6) The amount of taxes due 
on such income shall exclude interest and penalties, (c) The amount 
of the credit allowed shall be the lesser of the following: (1) the amount 
of such taxes due, or (2) the result of a fraction, whose numerator is 
the total amount of all items of such income so taxed and whose denomi- 
nator is the total amount of all items of such income, multiplied by the 
tax computed on income defined in section six. 

Section 2. This act shall take effect with respect to taxable years 
commencing after December thirty-first, nineteen hundred and fifty- 
seven. Approved July 29, 1958. 



Chap. 490. An Act improving the procedure in the law relat- 
ing TO the classification of CORPORATIONS FOR THE 
PURPOSES OF ASSESSMENT OF LOCAL TAXES. 

Be it enacted, etc., as follows: 

Section 1. Chapter 58 of the General Laws is hereby amended by 
striking out section 2, as most recently amended by section 5 of chapter 
654 of the acts of 1953, and inserting in place thereof the following 
section : — Section 2. The commissioner shall annually, on or before 
April first of each year, forward to each board of assessors a list of all 
corporations known to him to be liable on January first of said year to 
taxation under chapters fifty-nine, sixty A and sixty-three. Such list 
shall indicate which of said corporations have been classified'^by the 
commissioner as manufacturing corporations and shall contain such 
other information as in his judgment will assist such boards of assessors 
in the assessment of taxes. 

Any person aggrieved by any classification made by the commissioner 
under any provision of chapters fifty-nine and sixty-three or by any 
action taken by the commissioner under authority of this section may, 
on or before April thirtieth of said year file an application with the 
state tax commission, in chapters fifty-eight to sixty-five B, inclusive, 
called the commission, on a form approved by it, stating therein the 
classification claimed; provided, however, that no such application may 



326 Acts, 1958. — Chap. 491. 

be filed by a person other than a board of assessors unless (1) the classi- 
fication complained of is different from that appearing in the list for the 
next preceding year, or (2) said person on or before January fifteenth 
filed with the commissioner a request, on a form approved by the com- 
mission, seeking a particular classification, and such request was not 
allowed by the commissioner in the preparation of the list. 

The commission shall, within ten days after the decision on said 
appUcation, give written notice thereof to the applicant. A person may 
appeal to the appellate tax board within thirty days after receiving the 
notice herein provided, or within thirty days after the time when the 
application for classification is deemed to be refused as hereinafter pro- 
vided. ^Vhenever the commission, before which an application in 
writing for classification is or shall be pending, fails to act upon said 
application prior to the expiration of twenty days from the date of the 
fifing of said appHcation it shall then be deemed to be refused. The 
decision of the board shall be binding upon the parties to any proceeding 
pending or brought before it which involves a tax for the year to which 
the decision is applicable. For the purposes of this section, "person" 
shall include a board of assessors. 

Section 2. Chapter 59 of the General Laws is hereby amended by 
striking out section 83, as most recently amended by section 4 of chapter 
24 of the acts of 1939, and inserting in place thereof the following sec- 
tion : — Section 83. Assessors shall annually, on or before the first day 
of July, return to the commissioner the names of all domestic and foreign 
corporations, except banks of issue and deposit, having a capital stock 
divided into shares, organized for the purposes of business or profit and 
established in their respective towns or owning real estate therein, and a 
detailed statement of the works, structures, real estate, machinery, 
poles, underground conduits, wires and pipes owned by each of said 
corporations and situated in such to^vn, with the value thereof, on 
January first preceding, and the amount at which the same is assessed 
in said town for the then current year. , The assessors shall at the same 
time return to the commissioner a detailed statement of all motor vehicles 
and trailers o-waied by each such corporation and the amount at which 
each such vehicle or trailer is assessed under chapter sixty A for said 
year, provided, however, that in the case of any such vehicle or trailer 
the information in respect to the registration of which has not been 
transmitted to the assessors by the commissioner prior to the first day 
of June, such detailed statement shall be returned within thirty days 
after the receipt of such information. An assessor neglecting to comply 
with this section shall be punished by a fine of one hundred dollars. 

Section 3. This act shall take effect December thirty-first, nineteen 
hundred and fifty-eight. Approved July 29, 1958. 

Chap. 491. An Act relative to the taxation of certain income 
of a taxpayer who during a calendar year has 
earned income both as a resident and non-resident 
of the commonwealth. 

Be it enacted, etc., as follows: 

Section 1 . Section 5A of chapter 62 of the General Laws is hereby 
amended by striking out subsection (c), as amended by section 3 of 
chapter 677 of the acts of 1957, and inserting in place thereof the fol- 



Acts, 1958. — Chap. 492. 327 

lowing subsection : — (c) On the amounts by which the business income, 
as defined in section six, derived by non-residents from sources within 
the commonwealth, exceeds the exemptions provided by this section, 
there shall be levied, assessed and collected a tax at the rate prescribed 
by subsection (6) of section five. Said non-residents shall be entitled 
to the same exemptions to which inhabitants are entitled under the 
provisions of subsection (h) of section five and to the same deductions 
for a spouse and dependents to which inhabitants are entitled under the 
provisions of subsection (h) of section six; provided, however, that if a 
taxpayer is required to file both a resident and a non-resident return 
to report income received during the preceding calendar year, said ex- 
emptions and said deductions for a spouse and dependents shall be 
divided between such returns in such manner as the taxpayer may 
elect, provided that the aggregate amount of such exemptions and de- 
ductions so claimed does not exceed that which would have been avail- 
able to the taxpayer if he had filed a single return for such year. Said 
non-residents shall be entitled to the same deductions specified in sub- 
sections (a) through (g) and in subsection (i) of section six, as are in- 
habitants, except in the instance of a non-resident such deductions 
shall be limited to that portion associated with the production of tax- 
able income within the commonwealth. In determining such income, 
the rental value of living quarters furnished to any non-resident as part 
of his compensation shall be included. Retirement allowances, how- 
ever described, from the commonwealth, or any county, city, town or 
district thereof, or from any person or entity, including a present or 
former employer of the recipient, shall be exempt from taxation under 
this section. 

Section 2. Section 22 of said chapter 62, as most recently amended 
by section 3 of chapter 435 of the acts of 1957, is hereby further amended 
by adding at the end the following paragraph : — 

Every individual, not otherwise required to file a return under the 
foregoing provisions of this section, who is a resident for a portion of a 
taxable year and a non-resident for a portion of said year and whose 
income received during the portion of the year for which he was a 
non-resident from professions, employment, trade or business, carried 
on in person or by a partnership, association or trust, of which he is a 
member, within the commonwealth together vidth his income received 
during the portion of the year for which he was a resident from pro- 
fessions, employment, trade or business, exceeds two thousand dollars, 
shall file separate returns reporting, respectively, the income received 
as a resident and as a non-resident. 

Section 3. This act shall apply with respect to taxable years com- 
mencing after December thirty-first, nineteen hundred and fifty-seven. 

Approved July 29, 1958. 



Chap. 492. A\ Act exempting certain lots from the applica- 
tion OF certain zoning ordinances or by-laws. 

Be it enacted, etc. , as follows: 

Chapter 40A of the General Laws is hereby amended by inserting 
after section 5 the following section: — Section 5 A. Any lot lawfully 
laid out by plan or deed duly recorded or registered in the appropriate 



328 Acts, 1958. — Chaps. 493, 494. 

registry of deeds or land registry district that complies, at the time of 
such recording or registering, with any minimum area and frontage 
requirements of any zoning ordinance or by-law in effect in the city or 
town where the land is situated may thereafter be built upon for resi- 
dential use notwithstanding the adoption or amendment of a zoning 
ordinance or by-law in such city or towii imposing minimum area and 
frontage requirements in excess of the area or frontage, or both, of such 
lot, provided that at the time of building such lot has an area of more 
than five thousand square feet, a frontage of fifty feet or more, and is in 
a district zoned for residential use and conforms except as to area and 
frontage with the zoning ordinance or by-law in effect in such city or 
to\^m, and that at the time of adoption of such requirements or increased 
requirements such lot was held in ownership separate from that of ad- 
joining land. Approved July 29, 1958. 

Chap. 493. An Act authorizing the city of everett to convey 

ALL OR A portion OF MARINE CORPS LEAGUE PARK TO- 
GETHER WITH ANOTHER PARCEL OF LAND W^TH THE BUILD- 
ING THEREON IN SAID CITY TO THE METROPOLITAN DISTRICT 
COMMISSION FOR RECREATIONAL PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The mayor and the park commission of the city of Everett 
are hereby authorized on behalf of said city to convey or otherwise 
transfer without consideration to the metropolitan district commission 
in the name of the commonwealth for recreational purposes all or any 
portion of a certain parcel of land now known as Marine Corps League 
Park, and a certain parcel of land adjacent thereto together with the 
recreational building thereon, located in said city, both of which parcels 
are held by said city for park purposes. 

Section 2. In the event the recreational building now located on said 
land is conveyed to the metropolitan district commission as provided 
in section one of this act, it may be leased for a nominal sum to the city 
of Everett for recreational purposes when its use is not required by the 
metropolitan district commission for summer activity. 

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

Approved August 1, 1958. 

Chap. 494. An Act relative to the traveling expenses of 

members of the board of registration in OPTOMETRY. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to immediately correct an inequity whereby the 
mileage allowance which may be paid to members of the board of 
registration in optometry is considerably less than that allowed other 
officials and employees of the commonwealth, therefore it is hereby 
declared to be an emergency law, necessary for the immediate preserva- 
tion of the pubUc convenience. 

Be it enacted, etc., as follows: 

Section 1 . Section 18 of chapter 13 of the General Laws, as amended 
by section 16 of chapter 730 of the acts of 1955, is hereby further 
amended by striking out, in-line 6, the words " , not exceeding four cents 



Acts, 1958. — Chaps. 495, 496. 329 

a mile each way", — so as to read as follows: — Section 18. There 
shall be paid by the commonwealth to the secretary of the board a 
salary of six hundred dollars, to each other member thereof a salary of 
four hundred and fifty dollars and to each member thereof his necessary 
traveling expenses actually incurred in attending the meetings of the 
board and such other expenses of the board as are incurred under 
section sixteen or seventeen or under sections sixty-six to seventy-three, 
inclusive, of chapter one hundred and twelve. 

Section 2. This act shall take effect as of January first, nineteen 
hundred and fifty-eight. Approved August 1, 1958. 



Chap. 495. An Act authorizing the department of public works 
to renew and replace buoys marking the channel 
of plum island river. 

Be it enacted, etc., as follows: 

Section 1. The department of public works is hereby authorized 
and directed to renew and replace certain buoys marking the channel 
of the Plum Island river between the Merrimack river and Ipswich 
Bay, which channel was authorized to be so marked under the pro- 
visions of chapter four hundred and thirty-eight of the acts of nineteen 
hundred and fifty- three. For said purposes, said department may ex- 
pend such sums as may be appropriated therefor. 

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

Approved August 1, 1958. 



Chap. 496. An Act authorizing the town of Rochester to assume 
control of a certain cemetery in SAID town. 

Be it enacted, etc., as follows: 

Section 1. The Hillside Cemetery Association, a corporation duly 
organized under the laws of the commonwealth and having a usual 
place of business in the town of Rochester, may, by deed duly executed, 
convey and transfer to said town, and the town is hereby authorized and 
empowered to receive, and thereafter to hold and maintain, but for 
cemetery purposes only, and subject to all rights heretofore existing 
in any burial lots, the real and personal property of said corporation 
not subject to any trust, and thereupon, and upon the transfer of the 
trust funds as hereinafter provided, the said corporation shall be dis- 
solved; and the cemetery of said corporation shall be and become a 
public burial place, grounds or cemetery. 

Section 2. The immediate care and management of said cemetery 
shall be in the board of cemetery commissioners which may receive 
and shall have charge of the expenditure of any appropriations made by 
said town for the care of said cemetery and any other funds or property 
acquired for the purposes of this act, subject to the provisions of any 
trust relative thereto and all rights heretofore existing in any burial 
lot or fund established for the care thereof. 

Section 3. In so far as authorized by a decree of a court of competent 
jurisdiction and in compliance with the terms and conditions of such 
decree, said town upon taking possession and assuming control of said 



330 Acts, 1958. — Chap. 497. 

property as provided in section one may receive from the said corpora- 
tion all funds or other property held by said corporation in trust for the 
perpetual care of the lots in said cemetery and for other purposes, and 
also any property devised or bequeathed to the corporation under the 
will of any person living at the time of said transfer or conveyance, or 
under the will of any deceased person not then probated. Interest and 
dividends accruing on funds deposited in trust with any savings bank 
under authority of section twenty-five of chapter one hundred and 
sixty-eight of the General Laws, or with any other banking institution, 
for the benefit of said corporation, or of any lot in said cemetery, may, 
after such conveyance, be paid by such bank or institution to the treas- 
urer of said town; and upon such payment said treasurer shall use the 
same for the purposes of said trust. 

Section 4. AH real and personal property and property rights 
acquired by said town from said corporation under authority of this 
act shall be held and managed by said town in the same manner in 
which cities and towns are authorized by law to hold and manage 
property for cemetery purposes; provided, that all rights which any 
persons have acquired in the cemetery of said corporation or any lot 
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 said 
corporation shall be delivered to the clerk of said town and such clerk 
may certify copies thereof. 

Section 5. This act shall take full effect upon its acceptance by a 
majority vote of the voters of the town of Rochester voting thereon at a 
regular or special town meeting, but not otherwise. 

Ay-proved August 1, 1958. 



Chap. 497. An Act authorizing the city of pittsfield to borrow 
a sum of money for additions and improvements to 
the water system of said city. 

Be it enacted, etc., as follows: 

Section 1 . The city of Pittsfield, for the purpose of paying necessary 
expenses and liabilities incurred in constructing additions to and in im- 
proving its water supply system and water transmission facilities, in- 
cluding necessary engineering and legal expenses in connection therewith 
and the cost of acquisition of necessary land, 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, seven hundred 
thousand dollars, and may issue bonds or notes therefor which shall 
bear on their face the words, City of Pittsfield Water Supply Improve- 
ment Loan, Act of 1958. Each authorized issue shall constitute a 
separate loan, and such loans shall be payable in not more than twenty 
years from their dates. Indebtedness incurred under this act shall be 
within the limits of the amount prescribed by the last paragraph of sec- 
tion eight of chapter forty-four of the General Laws and, except as 
otherwise provided herein, shall be subject to the provisions of said 
chapter. 

Section 2. This act shall take effect upon its acceptance by vote of 
the city council of the city of Pittsfield, subject to the provisions of its 
charter, but not otherwise. Approved August 1, 1958. 



Acts, 1958. — Chaps. 498, 499. 331 

Chap. 498. An Act relative to the method of keeping and 

INDEXING of certain RECORDS IN THE PROBATE REG- 
ISTRIES. 

Be it enacted, etc., as follows: 

Section 36 of chapter 215 of the General Laws, as most recently 
amended by chapter 32 of the acts of 1957, is hereby further amended 
by inserting after the word "thirty", in hne 10, the words: — , by 
entering the same upon the pages thereof in fair and legible hand- 
writing, printing, typewriting, or by photographic process, or by any 
combination of any two or more of such methods. They may also 
direct the recording of decrees, orders, instruments and other proceed- 
ings in their offices by means of microphotography or other similar 
photographic process, and, in such case need not maintain books for 
such records but shall provide such filing equipment therefor as they 
deem proper, the cost of which shall be paid by the county. When 
such recording is by photographic process, registers shall keep an alpha- 
betical index thereof, or other appropriate description of and reference 
to the film upon which such recording may be found. 

Approved August 1, 1958. 

Chap. 499. An Act establishing a board of managers of public 

BURIAL places IN THE CITY OF QUINCY. 

Be it enacted, etc., as follows: 

Section 1. A board of managers of public burial places of the city 
of Quincy is hereby established. Said board shall consist of seven 
members, one of whom shall be the veterans' graves registration officer 
of said city, and six of whom shall be residents of said city appointed 
by the mayor. Of the members of the board first appointed by the 
mayor two shall be appointed for a term expiring on September first, 
nineteen hundred and fifty-nine, two for a term expiring September 
first, nineteen hundred and sixty and two for a term expiring Septem- 
ber first, nineteen hundred and sixty-one, provided, however, that each 
such member shall continue to serve until his successor shall be duly 
appointed and qualified. The successor of each such appointive mem- 
ber shall be appointed for a term of three years and untU 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 ap- 
pointive member of the board shall be eligible for reappointment. The 
members of the board shall annually elect their own chairman and 
secretary. For services on said board, its members shall receive no 
compensation. Any appointive member of the board may be removed 
by the mayor in accordance with the provisions of section fifty-four of 
chapter forty-three of the General Laws. 

Section 2. Said board shall have the charge and management of 
all the public cemeteries and burial places of the city of Quincy, and 
the general supervision and expenditure of all appropriations made for 
cemetery purposes, and shall promulgate rules and regulations govern- 
ing the sale of lots and the establishment of perpetual care therefor. 

Section 3. Said board may lay out cemeteries and burial places 
into lots, and may sell and convey said lots to residents of the city or 
to the next of kin of a deceased resident with the exclusive right of 



332 Acts, 1958. — Chaps. 500, 501, 502. 

burial and of erecting tombs, stones, monuments, mausoleums, crypts 
or cenotaphs on the lots upon such terms, conditions and regulations 
as it shall prescribe. 

Section 4. This act shall take effect upon its acceptance by the city 
council of said city, subject to the provisions of its charter. 

Approved August 1, 1958. 

Chap. 500. An Act relative to fees and charges of registers 
of probate and insolvency for filing of certain 
accounts. 

Be it enacted, etc., as follows: 

Section 40 of chapter 262 of the General Laws is hereby amended by 
striking out the eighth paragraph, as most recently amended by sec- 
tion 1 of chapter 632 of the acts of 1956, and inserting in place thereof 
the following paragraph : — 

For the petition or appUcation for allowance of an account where the 
gross value accounted for in Schedule A of said account is one thousand 
dollars or less, no fee; where the said gross value is more than one thou- 
sand dollars but less than ten thousand dollars, five dollars a year or 
major fraction thereof, provided the fee shall not exceed ten dollars, 
regardless of the time covered by the account; where the said gross 
value is ten thousand dollars or more, five dollars for each year or 
major fraction thereof covered by such account. 

Approved August 1, 1958. 

Chap. 501. An Act directing the metropolitan district com- 
mission TO develop parking facilities adjacent to 
science park. 

Be it enacted, etc., as follows: 

For the purpose of providing parking space for the public in connec- 
tion with its use of the expanding facilities provided by the Boston 
Society of Natural History, the metropolitan district commission shall 
acquire and develop such areas for parking motor vehicles as it may 
deem advisable on or near the Charles River Dam, so-called, between 
the city of Boston and the city of Cambridge, and shall erect such 
structures as may be necessary or desirable in connection with such de- 
velopment. For said purpose the department of public works shall co- 
operate with said metropolitan district commission by making available 
land or other facilities under its control, and shall assist the commission 
in such other manner as said department may deem appropriate. 

Approved August 1, 1958. 

Chap. 502. An Act providing that the commissioner of re- 
habilitation SHALL be a member OF THE ADVISORY 
council ON ALCOHOLISM. 

Be it enacted, etc., as follows: 

Section 95 of chapter 6 of the General Laws, as appearing in section 2 
of chapter 715 of the acts of 1956, is hereby amended by inserting after 
the word "vehicles", in line 5, the words: — , the commissioner of re- 
habilitation. Approved August 1, 1958. 



Acts, 1958. — Chaps. 503, 504. 333 

Chap. 503. An Act relative to the abatement of excess tax 
payments by corporations. 

Be it enacted, etc., as follows: 

Section 1. Chapter 63 of the General Laws is hereby amended by 
striking out section 51, as most recently amended by section 1 of chap- 
ter 434 of the acts of 1957, and inserting in place thereof the following 
section : — Section 51 . If the tax shown on the return filed by any 
corporation pursuant to section thirty-five or section forty is believed 
by it to be excessive, such corporation may apply to the commission 
for abatement thereof at any time ^\^thin three years from the last day 
for filing such return, determined without regard to any extension of 
time. In the event that the tax on account of any taxable year paid 
by any corporation on or before the fifteenth day of the third month 
following the close of such year is in excess of the tax shown to be due 
on its return for such year such return itself shall be treated as an appli- 
cation for abatement for the refund of such excess. Any corporation 
aggrieved by the assessment of a tax under sections thirty to fifty, 
inclusive, may apply to the commission for an abatement thereof at 
any time within two years after the date upon which the notice of assess- 
ment is sent. If after a hearing or otherwise the commission finds that 
the tax is excessive in amount or that the corporation assessed is not 
subject tljereto, it shall abate it in whole or in part accordingly. If the 
tax has been paid, the state treasurer shall repay to the corporation 
assessed the amount of such abatement, with interest thereon at the 
rate of six per cent per annum from the time when it was paid; provided, 
however, that in cases where the return itself is treated as an application 
for abatement, the amount of the refund shall be repaid without interest. 
Any corporation aggrieved by the refusal of the commission to abate 
a tax in whole or in part under this section may appeal in the manner 
provided by section seventy-one. 

Section 2. This act shall apply to returns filed for taxable years 
ending December thirty-first, nineteen hundred and fifty-eight, and 
thereafter. Approved August 1, 1958. 

Chap. 504. An Act increasing the amount of money which the 
county of dukes county may borrow for improving 

THE county airport. 

Be it enacted, etc., as follows: 

Section 1. Section 1 of chapter 201 of the acts of 1957 is hereby 
amended by striking out, in line 4, the word "fifty" and inserting in 
place thereof the word: — ninety, — so as to read as follows: — Sec- 
tion 1. The county commissioners of the county of Dukes county may 
expend, for the purpose of improving the public airport operated by 
said county, a sum not exceeding ninety thousand dollars. 

Section 2. Section 2 of said chapter 201 is hereby amended by strik- 
ing out, in line 4, the word "fifty" and inserting in place thereof the 
word: — ninety, — and by striking out, in fine 9, the word "four" and 
inserting in place thereof the word : — nine, — so as to read as follows : — 
Section 2. For the purposes aforesaid, the treasurer of said county, with 
the approval of the county commissioners, may borrow upon the credit 
of the county such sums as may be necessary, not exceeding, in the 



334 Acts, 1958. — Chaps. 505, 506. 

aggregate, ninety thousand dollars, and may issue notes of the county 
therefor, which shall bear on their face the words, Dukes County Airport 
Loan, Act of 1957. Each authorized issue shall constitute a separate 
loan, and such loans shall be payable in not more than nine years from 
their dates. Such notes shall be signed by the treasurer of the county 
and countersigned by a majority of the county commissioners. The 
county may sell said securities at public or private sale upon such terms 
and conditions as the county commissioners may deem proper, but 
not for less than their par value. Indebtedness incurred hereunder shall, 
except as herein provided, be subject to chapter thirty-five of the General 
Laws. 

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

Approved August 6, 1968. 

Chap. 505. An Act authorizing the county commissioners of 
the county of bristol to construct an addition to 
the court house in the city of taunton. 

Be it enacted, etc., as follows: 

Section 1. Chapter 388 of the acts of 1957 is hereby amended by 
striking out section 1 and inserting in place thereof the following sec- 
tion : — Section 1 . The county commissioners of the county of Bristol 
are hereby authorized to expend a sum not exceeding one hundred and 
ninety-five thousand dollars for the repair, alteration and renovation 
of the building presently housing the first district court of Bristol at 
Taunton and for the construction of an addition to said building. In 
making such repairs, alterations and renovations the present exterior 
design of said building, excepting the rear thereof, shall be retained. 

Section 2. Section 2 of said chapter 388 is hereby amended by strik- 
ing out the first sentence and inserting in place thereof the following 
sentence: — To provide funds for the repair, alteration, renovation and 
construction mentioned in section one of this act, the treasurer of the 
county of Bristol, with the approval of said county commissioners, may 
borrow a sum not exceeding one hundred and ninety-five thousand 
dollars, and may issue bonds therefor, which shall bear on their face the 
words, Bristol County Court House Loan, Act of 1957. 

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

Approved August 6, 1958. 

Chap. 506. An Act authorizing and directing the department 
of public works to permit the norfolk county 
marine corps league to erect a monument in the 
norfolk county marine corps league memorial 
circle in the town of dedham. 

Be it enacted, etc., as follows: 

Section 1. The department of public works is hereby authorized 
and directed to permit the Norfolk County Marine Corps League to 
erect a monument commemorating the Marine Corps in the Norfolk 
County Marine Corps League Memorial Circle in the tow^n of Dedham. 

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

Approved August 6, 1958. 



Acts, 1958. — Chaps. 507, 508. 335 

Chap. 507. An Act authorizing the inhabitants of the town 
OF watertown to sell certain land known as bemis 

DUMP and McNAMARA's DUMP. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the Town of Watertown are hereby 
authorized and empowered to sell certain land of said town situated 
therein, formerly used for dumping purposes, known as Bemis Dump 
on Pleasant street and McNamara's Dump on Grove street. Said 
land may be sold either at public auction or by private sale as the 
majority of the town meeting members of said town voting thereon 
may determine at an annual or special town meeting called for the 
purpose. 

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

Approved August 6, 1958. 



Chap. 508. An Act including the rhode island school for the 
deaf and certain other schools for the deaf with- 
out the commonwealth as institutions to which the 
department of education may send persons for 
education. 

Be it enacted, etc., as follows: 

Chapter 69 of the General Laws is hereby amended by striking out 
section 26, as most recently amended by chapter 582 of the acts of 1957, 
and inserting in place thereof the f ollomng section : — Section 26. The 
department may, upon the request of the parents or guardians and Avith 
the approval of the governor, send such deaf, such blind and'such aphasic 
persons as it considers proper subjects for education, for a term not 
exceeding twelve years to the American School, at Hartford, for the 
Deaf, in the state of Connecticut, to the Clarke School for the Deaf at 
Northampton, to the Horace Mann School at Boston, to the Beverly 
School for the Deaf at Beverly, to the Boston School for the Deaf at 
Randolph, the Rhode Island School for the Deaf, at Providence, Rhode 
Island, to any other school for the deaf or school affording remedial 
treatment for the deaf within or without the commonwealth, as the 
parents or guardians may prefer, or to the Perkins School for the Bhnd 
or any other school within or without the commonwealth which provides 
instruction to the blind; or to any school within or without the common- 
wealth which provides instruction for aphasic persons; provided, that 
each of said schools shall offer in the ninth, tenth, eleventh and twelfth 
years an educational curriculum equivalent to that in the secondary 
schools of the commonwealth, as determined by the department. Upon 
like request and with like approval, the department may continue for 
a longer term the instruction of any of such persons who are meritorious 
pupils recommended by the principal or other chief administrator of 
the school which they attend. With the approval of the governor the 
department may, at the expense of the commonwealth, make such pro- 
vision for the care and education of children who are both deaf and blind 
as it may deem expedient. No such pupil shall be withdrawn from such 
institutions or schools except with the consent of the authorities thereof 
or of the department; and the expenses of the instruction and support 



336 Acts, 1958. — Chap. 509. 

of such pupils therein, actually rendered or furnished, including their 
necessary traveling expenses, whether daily or otherwise, but not ex- 
ceeding ordinary and reasonable compensation therefor, shall be paid 
by the commonwealth; but the parents or guardians of such children, 
who are able wholly or in part to provide for their support and care, 
to the extent of their ability may be required by the department to 
reimburse the commonwealth therefor. Approved August 6, 195S. 



Chap. 509. An Act relative to the verification and assess- 
ment OF INCOME TAX RETURNS. 

Be it enacted, etc., as follows: 

Section 1. Chapter 62 of the General Laws is hereby amended by 
striking out section 30, as most recently amended by section 1 of chap- 
ter 310 of the acts of 1956, and inserting in place thereof the following 
section : — Section 30. 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 filing the return required by this chapter, or from the 
day on which said return was actually filed, whichever is later, 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 officer, or shall be produced for 
the purpose upon a summons, which the commissioner, or the exam- 
ining officer, may issue. The person making the return may be ex- 
amined by such officer on oath. Where, prior to the expiration of the 
time prescribed in this section for the verification of any return, both 
the commissioner and the taxpayer have consented in writing to its 
verification after such time, such return may be verified at any time 
prior to the expiration of the period agreed upon. The period so agreed 
upon may be extended by subsequent agreements in writing made be- 
fore the expiration of the period previously agreed upon. 

Section 2. Said chapter 62 is hereby further amended by striking 
out section 37, as most recently amended by section 2 of said chapter 
310, and inserting in place thereof the follomng section: — Section 37. 
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, or from the day on which said return was actually filed, 
whichever is later, assess the same, first giving notice to the person so 
to be assessed of his intention, and such person 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 
proposed assessment. Where, prior to the expiration of the time pre- 
scribed in this section for the assessment of any tax, both the commis- 
sioner and the taxpayer have consented in writing to its assessment 
after such time, such tax may be assessed at any time prior to the ex- 
piration of the period agreed upon. The period so agreed upon may be 
extended by subsequent agreements in writing made before the expira- 
tion of the period previously agreed upon. After the expiration of ten 
days from such notification the commissioner shall assess the income of 



Acts, 1958. — Chap. 510. 337 

such person subject to taxation, or any portion thereof, which he be- 
lieves has not theretofore been assessed, and he shall thereupon give 
notice as provided in section thirty-nine to the person so assessed. In 
the case of a false or fraudulent return filed with intent to evade a tax 
or of a failure to file a return, the commissioner may make an assess- 
ment at any time. The provisions of this chapter in respect to the 
abatement and collection of taxes shall apply to a tax so assessed. When- 
ever, in the course of a verification of the returns of a taxpayer pur- 
suant to section thirty, the commissioner finds that an overpayment of 
the total amount of taxes due from such taxpayer has been made on 
any year's return subject to verification, the amount of the overpay- 
ment may, in the discretion of the commissioner, be refunded if it ex- 
ceeds two dollars. In the case of such a refund, the state treasurer shall 
repay to the taxpayer the amount of the overpayment without interest. 
In the event that no such refund is made, the amount of such overpay- 
ment shall be deducted from the amount of any additional tax found to 
be due on any other year's return so verified, and only the net amount 
thus determined to be due, with interest as provided in section thirty- 
seven A, shall be assessed additionally. 

Section 3. This act shall take effect with respect to returns for 
taxable years beginning after December thirty-first, nineteen hundred 
and fifty-seven. Approved August 6, 1958. 

Chap. 510. An Act relative to deductions for a spouse and de- 
pendents UNDER THE INCOME TAX LAW. 

Be it enacted, etc., as follows: 

Section 1. Section 6 of chapter 62 of the General Laws is hereby 
amended by striking out clause (A), as most recently amended by sec- 
tion 1 of chapter 657 of the acts of 1954, and inserting in place thereof 
the following clause : — 

(h) The sum of five hundred dollars for a spouse who was not the 
dependent of another taxpayer and whose income from all sources did 
not exceed two thousand dollars during the year and the sum of four 
hundred dollars for each dependent. 

For the purposes of this chapter, the determination of whether the 
taxpayer is married shall be made as of the close of the year; except 
that if his spouse dies during the year such determination shall be made 
as of the time of such death. An individual legally separated from his 
spouse under a decree of divorce or of separate maintenance shall not 
be considered as married. 

For the purposes of this clause, the term "dependent" shall mean any 
of the follovv'ing individuals who received over half of his support for the 
year from the taxpayer : — 

(1) a son, stepson, daughter or stepdaughter of the taxpayer who had 
not attained the age of nineteen at the close of the year or who had 
attained the age of nineteen and was at the close of the year incapable 
of self-support because of physical or mental disability. 

(2) an individual who, for the year, had as his principal place of 
abode the home of the taxpayer and was a member of the taxpayer's 
household or who for the year received institutional care required by 



338 Acts, 1958. — Chap. 511. 

reason of physical or mental disability and before receiving such in- 
stitutional care was a member of the same household as the taxpayer. 

(3) a parent of the taxpayer. 

The aforesaid deduction for each dependent shall not be allowed to 
both husband and wife, but may be allowed to either as they shall 
mutually agree, or shall be prorated between them in proportion to the 
net income of each from professions, employment, trade or business in 
excess of two thousand dollars. 

Section 2. This act shall apply with respect to taxable years com- 
mencing after December thirty-first, nineteen hundred and fifty-seven. 

Approved August 6, 1958. 



Chap. 511. An Act making certain veterans of the Korean war 

ELIGIBLE to TAKE CIVIL SERVICE EXLIMINATIONS, NOT- 
WITHSTANDING ANY AGE REQUIREMENTS. 

Be it enacted, etc., as follows: 

Section 1. No Korean veteran, as defined in clause Forty- third of 
section seven of chapter four of the General Laws, who has been honor- 
ably discharged from the service of the armed forces of the United 
States, shall be disqualified by reason of age from taking an examination 
under chapter thirty-one of the General Laws for any particular po- 
sition, if at the time of his entry into such service he was of a proper 
age to quahfy for such examination, any provision of law or rule es- 
tablishing an age limit to the contrary notwithstanding. 

Section 2. This act shall cease to be operative on January thirty- 
first, nineteen hundred and sixt.y. Approved August 6, 1958. 



The Commonwealth of Massachusetts, 
Executive Department, State House, 

Boston, August 7, 1958. 

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

Dear Mr. Secretary: — -I, Foster Furcolo, pursuant to the pro- 
visions 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 511 of the Acts of 1958, entitled, "An Act Making 
Certain Veterans of the Korean War Eligible to Take Civil Service 
Examinations, Notwithstanding Any Age Requirements" and the 
enactment of which received m,y approval on August 6, 1958, should 
take effect forthwith. 

I further declare that in my opinion said law is an emergency law and 
the facts constituting the emergency are as follows: 

Postponement of the operation of this act for ninety days would 
defeat its purpose in that it will unnecessarily delay certain veterans 
of the Korean War from taking certain civil service examinations. 

Very truly yours, 

Foster Furcolo, 

Governor of the Commonwealth. 



Acts, 1958. — Chap. 512. 339 

Office of the Secretary, Boston, August 7, 1958. 

I, Francis X, Ahearn, Deputy Secretary of the Commonwealth, 
hereby certify that the accompanying statement was filed in this office 
by His Excellency the Go\'-ernor of the Commonwealth of Massachu- 
setts at ten o'clock and fifteen minutes, a.m., on the above date, and in 
accordance with Article Fortj^-eight of the Amendments to the Con- 
stitution said chapter takes effect forthwith, being chapter five hundred 
and eleven of the acts of nineteen hundred and fifty-eight. 

Francis X. Ahearn, 

Deputy Secretary of the CommonweaUh. 

Chap. 512. An Act granting the consent of the commonwealth 

TO the acquisition by the united states of AMERICA 
OF CERTAIN LAND FOR USE IN CONNECTION WITH A MILI- 
TARY RESERVATION KNOWN AS LAURENCE G. HANSCOM 
FIELD AND GRANTING AND CEDING JURISDICTION OVER 
SUCH LAND. 

Be it enacted, etc., as follows: 

Section 1. The consent of the commonwealth is hereby granted to 
the acquisition by the United States of America, for use as a military 
reservation and related purposes, of a certain parcel of land situated in 
the town of Lincoln, bounded and described as follows: — Beginning at 
a point on the westerly line of South Road on the division line between 
land of the United States of America and land now or formerly of Sarah 
E. Holmes, which point is 922 feet, more or less, northwesterly from the 
intersection of the west line of South Road and the north line of Nelson 
Road; thence South 51° West by land now or formerly of Sarah E. 
Holmes 100 feet, more or less, to a point; thence by land now or for- 
merlv of Sarah E. Holmes and James JM. and Henry P. Neville, South 
49° 45' 50" West 65.65 feet. South 30° 33' 30" East 577.67 feet and 
South 29° 49' 20" East 236.72 feet to a drill hole in a stone wall at 
Nelson Road; thence by a stone wall on the north side of Nelson Road 
South 74° 18' 50" West 203.23 feet to a drill hole. South 85° 39' 30" 
West 54.00 feet, South 80° 36' 50" West 100.75 feet, South 74° 54' 30" 
West 142.76 feet, South 51° 30' 08" West 45.59 feet, South 60° 30' 50" 
West 123.54 feet. South 56° 55' 20" West 197.52 feet. South 55° 57' 30" 
West 205.13 feet, South 58° 33' 00" West 82.55 feet, South 76° 16' 20" 
West 176.03 feet. South 83° 08' 10" West 165.64 feet to land, now or 
formerly, of J. C. and I. R. Haganian; thence by land, now or formerly, 
of J. C. and I. R. Haganian North 11° 39' 20" West 312.19 feet and 
South 46° 53' 50" West 187.55 feet to a corner at land, now or formerly, 
of Buttrick, said corner marked by a Massachusetts land Court Disc; 
thence by land, now or formerly, of Buttrick North 86° 33' 00" West 
382.06 feet to land, now or formerly, of Richard Murray; thence by 
land, now or formerly, of Richard Murray North 26° 37' 40" East 
221.38 feet to a corner, North 75° 54' 10" West 109.94 feet, North 
75° 51' 00" West 160.08 feet to a stone bound. North 15° 19' 20" East 
97.09 feet. North 82° 10' 50" West 73.06 feet, South 19° 58' 20" West 
117.72 feet to the centerline of a brook; thence by the centerline of said 
brook North 65° 44' 20" West 77.88 feet, North 54° 43' 40" West 50.22 
feet, North 49° 01' 40" West 50.33 feet. North 54*' 10' 40" West 135.12 



340 Acts, 1958. — Chap. 512. 

feet to a corner at the centerline of brook; thence continuing by land, 
now or formerly, of Richard Murray North 28° 46' 00" East 147.0 feet 
and North 38° 00' West 451.0 feet to land, now or formerly, of Harry 
Cook, et ux; thence North 31° 11' 20" West by land, now or formerly, 
of Harry Cook, et ux 463 feet, more or less, to a stone wall at land, now 
or formerly, of Mary E. Silva; thence North 31° 11' 20" by land, now 
or formerly, of Mary E. Silva 657 feet, more or less, to land, now or 
formerly of Ralph E. Butcher; thence by land, now or formerly, of 
Ralph E. Butcher North 31° 11' 20" West 100 feet, more or less and 
North 39° 58' 10" West 577 feet, more or less, to a stone wall at land, 
now or formerly, of Mary F. McHugh; thence North 39° 58' 10" West 
by land, now or formerly of Mary F. McHugh 482 feet, more or less, 
to land of the Commonwealth of Massachusetts at a point 100 feet south- 
erly from and at right angle to the centerline of Old Bedford Road 
(Relocated); thence northeasterly parallel to and 100 feet from the 
centerline of Old Bedford Road (Relocated) by land of the Common- 
wealth of Massachusetts 310 feet, more or less, to other land of the 
United States of America; thence by other land of the United States of 
America northeasterly parallel to and 100 feet from the centerline of 
Old Bedford Road (Relocated) 500 feet, more or less, to a point. North 
82° East 160 feet, more or less, northeasterly 310 feet, more or less, to a 
point 33 feet southeasterly from and at right angle to the centerline of 
the relocated Old Bedford Road, thence continuing by other land of the 
United States of America and running parallel to and 33 feet from the 
centerline of the relocated Bedford Road, North 57° 29' East 695 feet, 
more or less, to a point of curvature, easterly by a curve to the right of 
radius 369.20 feet a distance of 220 feet, more or less, to the Bedford- 
Lincoln Town Line; thence continuing by other land of the United 
States of America along the Bedford-Lincoln Town Line, southeasterly 
146 feet, more or less and North 63° 29' 50" East, 200.91 feet, more or 
less, to the easterly hne of South Road; thence South 32° 49' 50" East 
along the easterly line of South Road by other land of the United States 
of America 3,005 feet, more or less, to a point directly opposite the 
point of beginning; thence South 57° 10' 10" West crossing South street 
150.0 feet to the point of beginning. Containing 190.40 acres, more 
or less. 

Section 2. Jurisdiction over the above described land is hereby 
granted and ceded to the United States of America, but upon the ex- 
press condition that the commonwealth shall retain concurrent juris- 
diction with the United States of America in and over said lands, to the 
extent that all civil processes and such criminal processes as may issue 
under the authority of the commonwealth against any person or persons 
charged with crimes committed without said land and all processes for 
collection of taxes levied under authority of the laws of the common- 
wealth, including the service of warrants, may be executed thereon in 
the same manner as though jurisdiction had not been ceded; provided, 
that exclusive jurisdiction over that portion of the above described land 
comprising the public road or highway known as State Access road, also 
known as South street, shall vest in the United States of America only 
after said public road or highway has been abandoned, closed or other- 
wise discontinued by proper authority and all right title and interest 
therein acquired by the United States of America; and provided, fur- 
ther, that the exclusive jurisdiction in and over the above described land 



Acts, 1958. — Chaps. 513, 514. 341 

shall revert to and revest in the commonwealth whenever such land 
shall cease to be used for the purposes set forth in section one. 

Section 3. This act shall take full effect upon the depositing in the 
office of the state secretary wdthin one year after its effective date of a 
suitable plan of the parcel of land described in section one, but not 
otherwise. Approved August 11, 1968. 

Chap. 513. An Act establishing the final day for filing a pro- 
posed ORDINANCE ESTABLISHING THE SALARIES OF MAYORS, 
CITY MANAGERS AND MEMBERS OF BOARDS OF ALDERMEN. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to immediately estabhsh a final day for the filing mth 
a city clerk or the state secretary of ordinances changing the salaries of 
mayors, city managers, councillors or members of boards of aldermen, 
therefore it is hereby declared to be an emergency law, necessary for the 
immediate preservation of the pubhc convenience. 

Be it enacted, etc., as follows: 

Section 1. Section 6A of chapter 39 of the General Laws, as amended 
by section 1 of chapter 72 of the acts of the current year, is hereby further 
amended by adding at the end the following sentence: — The proposed 
ordinance shall be filed with the city clerk or state secretary, as the case 
may be, not later than five o'clock post meridian on the sixtieth day 
preceding the election at which it is to be voted upon. 

Section 2. Section 17A of chapter 43 of the General Laws, as 
amended by section 2 of said chapter 72, is hereby further amended by 
adding at the end the following sentence : — The proposed ordinance 
shall be filed with the city clerk or state secretary, as the case may be, 
not later than five o'clock post meridian on the sixtieth day preceding 
the election at which it is to be voted upon. 

Approved August 11, 1968. 

Chap. 514. An Act increasing the period for which holders 
of alcoholic beverages licenses whose licensed 
premises have been taken by public authority may 
retain said licenses. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is the protection of the rights of the holders of alcoholic 
beverage licenses when the licensed premises have been taken by public 
authority, 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 23B of chapter 138 of the General Laws, inserted by chapter 
382 of the acts of 1955, is hereby amended by striking out, in line 12, the 
word "two" and inserting in place thereof the word: — four, — so as 
to read as follows: — Section 23B. Any holder of a license issued under 
this chapter to do business on certain premises which are subsequently 
taken by public authority and who is required to remove his business 
from such premises shall not thereby be deprived of his license. Such 
licensee may apply to the local licensing authorities for a transfer of the 



342 Acts, 1958. — Chap. 515. 

license to another location, and in the event that a suitable location is 
not available which is approved by the licensing authorities, said 
license shall be reserved for the licensee until such time as a suitable 
location is approved, but in no event shall such license be reserved for 
a period longer than four years from the date of the taking. Licensees 
in this classification shall be entitled to a rebate of the fee which has 
been prepaid for that period during which thej^ are prevented from 
exercising said license, and the rebate shall be pro-rated in accordance 
with the local licensing fees, and such licensees who have not been 
able to obtain an approved location at the end of a license year shall have 
the right to renewal of said license upon the filing of a renewal applica- 
tion and upon the payment of one tenth of the local license fee. When 
such licensee shall have obtained an approved location, the license fee 
shall be paid for the balance of the year on a pro-rata basis. 

Approved August 11, 1958. 

Chap. 515. An Act relative to the issuance of permits relating 
TO residential buildings. 

Whereas, The deferred operation of this act would tend to defeat its 
purpose, which is to prevent delay and inaction on applications . for 
permits for the building of certain dwellings, 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 3 of chapter 143 of the General Laws, is hereby amended by 
inserting after the second paragraph the following paragraph : — 

The officer or board charged with the duty of issuing permits for the 
construction, alteration, repair, height, area, location or use of buildings 
or other structures within the limits of a city, town or district shall, 
within thirty days of the receipt of an application for a permit for the 
original construction of a residential building with accommodations for 
not more than four families, issue or refuse to issue such permit and 
notify the applicant in writing of such decision. If such officer or board 
refuses to issue such permit, written notification of such decision shall 
be delivered to the applicant in person or sent by regi